[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2010 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          50


          Part 660 to End

          Revised as of October 1, 2010


          Wildlife and Fisheries
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2010
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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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 (Continued)                         3
  Finding Aids:
      Table of CFR Titles and Chapters........................    1063
      Alphabetical List of Agencies Appearing in the CFR......    1083
      List of CFR Sections Affected...........................    1093

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 660.1 refers 
                       to title 50, part 660, 
                       section 1.

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

[[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 
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HOW TO USE THE CODE OF FEDERAL REGULATIONS

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OMB CONTROL NUMBERS

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collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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[[Page vii]]

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    Director,
    Office of the Federal Register.
    October 1, 2010.







[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of nine volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 17.95), part 17 
(17.96 to 17.99(h)), part 17 (17.99(i) to end of part 17), parts 18-199, 
parts 200-599, parts 600-659, and part 660 to end. The first six volumes 
consist of parts 1-16, part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to 
end of 17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to end of 
part 17), and parts 18-199 and contain the current regulations issued 
under chapter I--United States Fish and Wildlife Service, Department of 
the Interior. The seventh 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 eighth and ninth volumes (parts 600-659 and part 660 to end) contain 
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, 2010.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in Sec. Sec.  17.11 and 17.12.

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

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Michael L. 
White, assisted by Ann Worley.

[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains part 660 to end)

  --------------------------------------------------------------------
                                                                    Part

chapter vi--Fishery Conservation and Management, National 
  Oceanic and Atmospheric Administration, Department of 
  Commerce (Continued)......................................         660

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




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


  Editorial Note: Nomenclature changes to Chapter VI appear at 69 FR 
53361, 53362, Sept. 1, 2004.
Part                                                                Page
660             Fisheries off West Coast States.............           5
665             Fisheries in the Western Pacific............         397
679             Fisheries of the Exclusive Economic Zone off 
                    Alaska..................................         497
680             Shellfish fisheries of the Exclusive 
                    Economic Zone off Alaska................         927
697             Atlantic coastal fisheries cooperative 
                    management..............................        1018

[[Page 5]]



PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents



                            Subpart A_General

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

Subpart B [Reserved]

                Subpart C_West Coast Groundfish Fisheries

660.10 Purpose and scope.
660.11 General definitions.
660.12 General groundfish prohibitions.
660.13 Recordkeeping and reporting.
660.14 Vessel Monitoring System (VMS) requirements.
660.15 Equipment requirements.
660.16 Groundfish observer program.
660.17 Catch monitors and catch monitor service providers [Reserved]
660.18 Certification and decertification procedures for observers, catch 
          monitors, catch monitor providers and observer providers.
660.20 Vessel and gear identification.
660.24 Limited entry and open access fisheries
660.25 Permits.
660.26 Pacific whiting vessel licenses.
660.30 Compensation with fish for collecting resource information--EFPs.
660.40 Overfished species rebuilding plans.
660.50 Pacific coast treaty Indian fisheries.
660.55 Allocations.
660.60 Specifications and management measures.
660.65 Groundfish harvest specifications.

Table 1a to Part 660, Subpart C--2009, Specifications of ABCs, OYs, and 
          HGs, by Management Area (weights in metric tons)
Table 1b to Part 660, Subpart C--2009, Harvest Guidelines for Minor 
          Rockfish by Depth Sub-groups (weights in metric tons)
Table 1c to Part 660, Subpart C--2009, Open Access and Limited Entry 
          Allocations by Species or Species Group (weights in metric 
          tons)
Table 1d to Part 660, Subpart C-- At-Sea Whiting Fishery Annual Set-
          Asides, 2011 and 2012.
Table 2a to Part 660, Subpart C--2010, Specifications of ABCs, OYs, and 
          HGs, by Management Area (weights in metric tons)
Table 2b to Part 660, Subpart C--2010, and Beyond, Harvest Guidelines 
          for Minor Rockfish by Depth Sub-groups (weights in metric 
          tons)
Table 2c to Part 660, Subpart C--2010, and Beyond, Open Access and 
          Limited Entry Allocations by Species or Species Group (weights 
          in metric tons)

      Subpart D	West Coast Groundfish_Limited Entry Trawl Fisheries

660.100 Purpose and scope.
660.111 Trawl fishery--definitions.
660.112 Trawl fishery--prohibitions.
660.113 Trawl fishery--recordkeeping and reporting
660.116 Trawl fishery--observer requirements.
660.120 Trawl fishery--crossover provisions.
660.130 Trawl fishery--management measures.
660.131 Pacific whiting fishery management measures.
660.140 Shorebased IFQ Program.
660.150 Mothership (MS) Coop Program.
660.160 Catcher/processor (C/P) Coop Program.

Table 1 (North) to Part 660, Subpart D--2010 Trip Limits for Limited 
          Entry Trawl Gear North of 40[deg]10[min] N. Lat.
Table 1 (South) to Part 660, Subpart D--2010 Trip Limits for Limited 
          Entry Trawl Gear South of 40[deg]10[min] N. Lat.
Figure 1 to Part 660, Subpart D--Diagram of Selective Flatfish Trawl

   Subpart E_West Coast Groundfish_Limited Entry Fixed Gear Fisheries

660.210 Purpose and scope.
660.211 Fixed gear fishery--definitions.
660.212 Fixed gear fishery--prohibitions.
660.213 Fixed gear fishery--recordkeeping and reporting.
660.216 Fixed gear fishery--observer requirements.
660.219 Fixed gear identification and marking.
660.220 Fixed gear fishery--crossover provisions.
660.230 Fixed gear fishery--management measures.
660.231 Limited entry fixed gear primary fishery for sablefish.
660.232 Limited entry daily trip limit (DTL) fishery for sablefish

Table 2 (North) to Part 660, Subpart E--2010 Trip Limits for Limited 
          Entry Fixed Gear North of 40[deg]10[min] N. Lat.
Table 2 (South) to Part 660, Subpart E--2010 Trip Limits for Limited 
          Entry Fixed Gear South of 40[deg]10[min] N. Lat.

          Subpart F_West Coast Groundfish_Open Access Fisheries

660.310 Purpose and scope.
660.311 Open access fishery--definitions.
660.312 Open access fishery--prohibitions.

[[Page 6]]

660.313 Open access fishery--recordkeeping and reporting.
660.316 Open access fishery--observer requirements.
660.319 Open access fishery gear identification and marking.
660.320 Open access fishery--crossover provisions.
660.330 Open access fishery--management measures.
660.332 Open access daily trip limit (DTL) fishery for sablefish.
660.333 Open access non-groundfish trawl fishery--management measures.

Table 3 (North) to Part 660, Subpart F--2010 Trip Limits for Open Access 
          Gears North of 40[deg]10[min] N. Lat.
Table 3 (South) to Part 660, Subpart F--2010 Trip Limits for Open Access 
          Gears South of 40[deg]10[min] N. Lat.

                     Subpart G_West Coast Groundfish

660.301 Purpose and scope.
660.302 Definitions.
660.303 Reporting and recordkeeping.
660.305 Vessel identification.
660.306 Prohibitions.
660.312 Vessel Monitoring System (VMS) requirements.
660.314 Groundfish observer program.
660.320 Allocations.
660.321 Black rockfish harvest guideline.
660.322 Sablefish allocations.
660.323 Pacific whiting allocations, allocation attainment, and inseason 
          allocation reapportionment.
660.324 Pacific Coast treaty Indian fisheries.
660.331 Limited entry and open access fisheries--general.
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 Pacific whiting vessel licenses.
660.337 Trawl rationalization program - data collection requirements.
660.338 Limited entry permits--small fleet.
660.339 Limited entry permit and Pacific whiting vessel license fees.
660.340 Limited entry permit appeals.
660.341 Limited entry permit sanctions.
660.350 Compensation with fish for collecting resource information--
          exempted fishing permits off Washington, Oregon, and 
          California.
660.365 Overfished species rebuilding plans.
660.370 Specifications and management measures.
660.371 Black rockfish fishery management.
660.372 Fixed gear sablefish fishery management.
660.373 Pacific whiting (whiting) fishery management.
660.380 Groundfish harvest specifications.
660.381 Limited entry trawl fishery management measures.
660.382 Limited entry fixed gear fishery management measures.
660.383 Open access fishery management measures.
660.384 Recreational fishery management measures.
660.385 Washington coastal tribal fisheries management measures.
660.390 Groundfish conservation areas.
660.391 Latitude/longitude coordinates defining the 10-fm (18-m) through 
          40-fm (73-m) depth contours.
660.392 Latitude/longitude coordinates defining the 50 fm (91 m) through 
          75 fm (137 m) depth contours.
660.393 Latitude/longitude coordinates defining the 100 fm (183 m) 
          through 150 fm (274 m) depth contours.
660.394 Latitude/longitude coordinates defining the 180 fm (329 m) 
          through 250 fm (457 m) depth contours.
660.395 Essential Fish Habitat (EFH)
660.396 EFH Conservation Areas.
660.397 EFH Conservation Areas off the Coast of Washington.
660.398 EFH Conservation Areas off the Coast of Oregon.
660.399 EFH Conservation Areas off the Coast of California.

Table 1a to Part 660 Subpart G--2009, Specifications of ABCs, OYs, and 
          HGs, by Management Area(weights in metric tons)
Table 1b to Part 660 Subpart G--2009, Harvest Guidelines for Minor 
          Rockfish by Depth Sub-groups (weights in metric tons)
Table 1c to Part 660 Subpart G--2009, Open Access and Limited Entry 
          Allocations by Species or Species Group (weights in metric 
          tons)
Table 2a to Part 660, Subpart G--2010, Specifications of ABCs, OYs, and 
          HGs, by Management Area (weights in metric tons)
Table 2b to Part 660, Subpart G--2010, and Beyond, Harvest Guidelines 
          for Minor Rockfish by Depth Sub-groups (weights in metric 
          tons)
Table 2c to Part 660, Subpart G--2010, and Beyond, Open Access and 
          Limited Entry Allocations by Species or Species Goup (weights 
          in metric tons)
Table 3 (North) to Part 660, Subpart G--2010 Trip Limits for Limited 
          Entry Trawl Gear North of 40[deg]10[min] N. Lat.
Table 3 (South) to Part 660, Subpart G--2010 Trip Limits for Limited 
          Entry Trawl Gear South of 40[deg]10[min] N. Lat.
Table 4 (North) to Part 660, Subpart G--2009-2010 Trip Limits for 
          Limited Entry Fixed Gear North of 40[deg]10[min] N. Lat.

[[Page 7]]

Table 4 (South) to Part 660, Subpart G--2009-2010 Trip Limits for 
          Limited Entry Fixed Gear South of 40[deg]10[min] N. Lat.
Table 5 (North) to Part 660, Subpart G--2009-2010 Trip Limits for Open 
          Access Gears North of 40[deg]10[min] N. Lat.
Table 5 (South) to Part 660, Subpart G--2009-2010 Trip Limits for Open 
          Access Gears South of 40[deg]10[min] N. Lat.
Figure 1 to Subpart G of Part 660--Diagram of Selective Flatfish Trawl

                  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.
660.412 EFH identifications and descriptions for Pacific salmon.

Table 1 to Subpart H of Part 660--Pacific Salmon EFH Identified by USGS 
          Hydrologic Unit Code (HUC)

                  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.
660.520 Reporting requirements.

Figure 1 to Subpart I--Existing California Area Closures

Subpart J [Reserved]

                  Subpart K_Highly Migratory Fisheries

660.701 Purpose and scope.
660.702 Definitions.
660.703 Management area.
660.704 Vessel identification.
660.705 Prohibitions.
660.706 Pacific Coast Treaty Indian rights.
660.707 Permits.
660.708 Reporting and recordkeeping.
660.709 Annual specifications.
660.710 Closure of directed fishery.
660.711 General catch restrictions.
660.712 Longline fishery.
660.713 Drift gillnet fishery.
660.714 Purse seine fishery. [Reserved]
660.715 Harpoon fishery. [Reserved]
660.716 Surface hook-and-line fishery. [Reserved]
660.717 Framework for revising regulations.
660.718 Exempted fishing.
660.719 Scientific observers.
660.720 Interim protection for sea turtles.
660.721 Recreational fishing bag limits.

Table 2 to Part 660--Vessel Capacity Ratings for West Coast Groundfish 
          Limited Entry Permits

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 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 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 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 N, of 
this chapter.

[61 FR 34572, July 2, 1996, as amended at 67 FR 6201, Feb. 11, 2002; 69 
FR 53362, Sept. 1, 2004; 71 FR 17989, Apr. 10, 2006]



Sec. 660.2  Relation to other laws.

    (a) 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.

[[Page 8]]

    (b) Fishing activities addressed by this Part may also be subject to 
regulation under 15 CFR part 922, subpart G, if conducted in the Channel 
Islands National Marine Sanctuary.

[72 FR 29235, May 24, 2007]



Sec. 660.3  Reporting and recordkeeping.

    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.

[71 FR 17989, Apr. 10, 2006]

Subpart B [Reserved]



                Subpart C_West Coast Groundfish Fisheries

    Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 60897, Oct. 1, 2010, subpart C was 
added, effective Nov. 1, 2010.



Sec. 660.10  Purpose and scope.

    (a) Subparts C through G of this part implement the Pacific Coast 
Groundfish Fishery Management Plan (PCGFMP) developed by the Pacific 
Fishery Management Council. Subparts C through G govern fishing vessels 
of the U.S. in the EEZ off the coasts of Washington, Oregon, and 
California. All weights are in round weight or round-weight equivalents, 
unless specified otherwise.
    (b) Any person fishing subject to subparts C through G of this part 
is bound by the international boundaries described in this section, 
notwithstanding any dispute or negotiation between the U.S. and any 
neighboring country regarding their respective jurisdictions, until such 
time as new boundaries are established or recognized by the U.S.



Sec. 660.11  General definitions.

    These definitions are specific to the fisheries covered in subparts 
C through G of this part.
    Active sampling unit means the portion of the groundfish fleet in 
which an observer coverage plan is being applied.
    Address of Record means the business address a person has provided 
to NMFS for NMFS use in providing notice of agency actions and other 
business with that person.
    Allocation. (See Sec. 600.10 of this chapter)
    Base permit, with respect to a limited entry permit stacking 
program, means a limited entry permit described at Sec. 
660.25(b)(3)(i), subpart C registered for use with a vessel that meets 
the permit length endorsement requirements appropriate to that vessel, 
as described at Sec. 660.25(b)(3)(iii), subpart C.
    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.
    BMSY means the biomass level that produces maximum 
sustainable yield (MSY), as stated in the PCGFMP at Section 4.2.
    Calendar day means the day beginning at 0001 hours local time and 
continuing for 24 consecutive hours.
    Calendar year. (see ``fishing year'')
    Catch, take, harvest. (See Sec. 600.10 of this chapter)
    Catch monitor means an individual that is certified by NMFS, is 
deployed to a first receiver, and whose primary duties include: 
monitoring and verification of the sorting of fish relative to federal 
requirements defined in Sec. 660.60, subpart C; documentation of the 
weighing of fish relative to the requirements of Sec. 660.13, subpart 
C; and verification of first receivers reporting relative to the 
requirements defined in Sec. 660.113, subpart D.
    Change in partnership or corporation means the addition of a new 
shareholder or partner to the corporate or partnership membership. This 
definition of a ``change'' will apply to any person added to the 
corporate or partnership membership since November 1, 2000, including 
any family member of an existing shareholder or partner. A change in 
membership is not considered to have occurred if a member dies or 
becomes legally incapacitated and a trustee is appointed to act on his 
behalf, nor if the ownership of shares

[[Page 9]]

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.
    Closure or closed means, when referring to closure of a fishery or a 
closed fishery, that taking and retaining, possessing, or landing the 
particular species or species group covered by the fishing closure is 
prohibited. Unless otherwise announced in the Federal Register or 
authorized in this subpart, offloading must begin before the closure 
time.
    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 of fish; 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 fishery 
harvest guideline minus the estimated recreational catch. Limited entry 
and open access allocations are derived from the commercial harvest 
guideline or quota.
    Conservation area(s) means either a Groundfish Conservation Area 
(GCA), an Essential Fish Habitat Conservation Area (EFHCA), or both.
    (1) Groundfish Conservation Area or GCA means a geographic area 
defined by coordinates expressed in degrees latitude and longitude, 
wherein fishing by a particular gear type or types may be prohibited. 
GCAs are created and enforced for the purpose of contributing to the 
rebuilding of overfished West Coast groundfish species. Regulations at 
Sec. 660.70, Subpart C define coordinates for these polygonal GCAs: 
Yelloweye Rockfish Conservation Areas, Cowcod Conservation Areas, waters 
encircling the Farallon Islands, and waters encircling the Cordell 
Banks. GCAs also include Rockfish Conservation Areas or RCAs, which are 
areas closed to fishing by particular gear types, bounded by lines 
approximating particular depth contours. RCA boundaries may and do 
change seasonally according to the conservation needs of the different 
overfished species. Regulations at Sec. Sec. 660.70 through 660.74, 
subpart C define RCA boundary lines with latitude/longitude coordinates; 
regulations at Tables 1 (North) and 1 (South) of subpart D, Tables 2 
(North) and 2 (South) of subpart E, and Tables 3 (North) and 3 (South) 
of subpart F set RCA seasonal boundaries. Fishing prohibitions 
associated with GCAs are in addition to those associated with EFH 
Conservation Areas.
    (2) Essential Fish Habitat Conservation Area or EFHCA means a 
geographic area defined by coordinates expressed in degrees latitude and 
longitude, wherein fishing by a particular gear type or types may be 
prohibited. EFHCAs are created and enforced for the purpose of 
contributing to the protection of West Coast groundfish essential fish 
habitat. Regulations at Sec. Sec. 660.75, through 660.79, Subpart C 
define EFHCA boundary lines with latitude/longitude coordinates. Fishing 
prohibitions associated with EFHCAs, which are found at Sec. 660.12, 
subpart C, are in addition to those associated with GCAs.
    Continuous transiting or transit through means that a fishing vessel 
crosses a groundfish conservation area or EFH conservation area on a 
constant heading, along a continuous straight line course, while making 
way by means of a source of power at all times, other than drifting by 
means of the prevailing water current or weather conditions.
    Corporation means a legal, business entity, including incorporated 
(INC) and limited liability corporations (LLC).
    Council means the Pacific Fishery Management Council, including its 
Groundfish Management Team (GMT), Scientific and Statistical Committee 
(SSC), Groundfish Advisory Subpanel (GAP), and any other advisory body 
established by the Council.
    Date of landing means the date on which the transfer of fish or 
offloading of fish from any vessel to a processor or other first 
receiver begins.

[[Page 10]]

    Direct financial interest means any source of income to or capital 
investment or other interest held by an individual, partnership, or 
corporation or an individual's spouse, immediate family member or parent 
that could be influenced by performance or non-performance of observer 
or catch monitor duties.
    Electronic fish ticket means a software program or data files 
meeting data export specifications approved by NMFS that is used to send 
landing data to the Pacific States Marine Fisheries Commission. 
Electronic fish tickets are used to collect information similar to the 
information required in state fish receiving tickets or landing 
receipts, but do not replace or change any state requirements.
    Electronic Monitoring System or EMS means a data collection tool 
that uses a software operating system connected to an assortment of 
electronic components, including video recorders, to create a collection 
of data on vessel activities.
    Endorsement means an additional specification affixed to the limited 
entry permit that further restricts fishery participation or further 
specifies a harvest privilege, and is non-severable from a limited entry 
permit.
    Entity. (See ``Person'')
    Essential Fish Habitat or EFH. (See Sec. 600.10 of this chapter)
    First Receiver means a person who receives, purchases, or takes 
custody, control, or possession of catch onshore directly from a vessel.
    Fish. (See Sec. 600.10 of this chapter)
    Fishery (See Sec. 600.10 of this chapter)
    Fishery harvest guideline means the harvest guideline or quota after 
subtracting from the OY any allocation for the Pacific Coast treaty 
Indian tribes, projected research catch, deductions for fishing 
mortality in non-groundfish fisheries, as necessary, and set-asides for 
EFPs.
    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 U.S. and 
Canada, and bounded on the south by the International Boundary between 
the U.S. and Mexico. 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''). 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 U.S. and Canada or Mexico. All 
groundfish possessed between 0-200 nm offshore or landed in Washington, 
Oregon, or California are presumed to have been taken and retained from 
the EEZ, unless otherwise demonstrated by the person in possession of 
those fish.
    Fishing. (See Sec. 600.10 of this chapter)
    Fishing gear includes the following types of gear and equipment:
    (1) Bottom contact gear means fishing gear designed or modified to 
make contact with the bottom. This includes, but is not limited to, beam 
trawl, bottom trawl, dredge, fixed gear, set net, demersal seine, 
dinglebar gear, and other gear (including experimental gear) designed or 
modified to make contact with the bottom. Gear used to harvest bottom 
dwelling organisms (e.g. by hand, rakes, and knives) are also considered 
bottom contact gear for purposes of this subpart.
    (2) Demersal seine means a net designed to encircle fish on the 
seabed. The demersal seine is characterized by having its net bounded by 
lead-weighted ropes that are not encircled with bobbins or rollers. 
Demersal seine gear is fished without the use of steel cables or otter 
boards (trawl doors). Scottish and Danish Seines are demersal seines. 
Purse seines, as defined at Sec. 600.10 of this chapter, are not 
demersal seines. Demersal seine gear is included in the definition of 
bottom trawl gear in paragraph (11)(i) of this definition.
    (3) Dredge gear means a gear consisting of a metal frame attached to 
a holding bag constructed of metal rings or mesh. As the metal frame is 
dragged upon or above the seabed, fish are pushed up and over the frame, 
then into the mouth of the holding bag.
    (4) Entangling nets include the following types of net gear:
    (i) Gillnet. (See Sec. 600.10 of this chapter)

[[Page 11]]

    (ii) Set net means a stationary, buoyed, and anchored gillnet or 
trammel net.
    (iii) Trammel net means a gillnet made with two or more walls joined 
to a common float line.
    (5) Fixed gear (anchored nontrawl gear) means the following gear 
types: longline, trap or pot, set net, and stationary hook-and-line 
(including commercial vertical hook-and-line) gears.
    (6) Hook-and-line means one or more hooks attached to one or more 
lines. It may be stationary (commercial vertical hook-and-line) or 
mobile (troll).
    (i) Bottom longline means a stationary, buoyed, and anchored 
groundline with hooks attached, so as to fish along the seabed. It does 
not include pelagic hook-and-line or troll gear.
    (ii) Commercial vertical hook-and-line means 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.
    (iii) 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.
    (iv) Troll gear means a lure or jig towed behind a vessel via a 
fishing line. Troll gear is used in commercial and recreational 
fisheries.
    (7) Mesh size means 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.
    (8) Nontrawl gear means all legal commercial groundfish gear other 
than trawl gear.
    (9) Spear means a sharp, pointed, or barbed instrument on a shaft.
    (10) Trap or pot See Sec. 600.10 of this chapter, definition of 
``trap''. These terms are used as interchangeable synonyms.
    (11) Trawl gear means a cone or funnel-shaped net that is towed 
through the water, and can include a pair trawl that towed 
simultaneously by two boats. For the purpose of this definition, trawl 
gear includes groundfish and non-groundfish trawl. See definitions for 
groundfish trawl and non-groundfish trawls (previously called ``exempted 
trawl'').
    (i) Bottom trawl means a trawl in which the otter boards or the 
footrope of the net are in contact with the seabed. It includes demersal 
seine gear, and pair trawls fished on the bottom. Any trawl not meeting 
the requirements for a midwater trawl in Sec. 660.130(b), subpart D is 
a bottom trawl.
    (A) Beam trawl gear means a type of trawl gear in which a beam is 
used to hold the trawl open during fishing. Otter boards or doors are 
not used.
    (B) Large footrope trawl gear means a bottom trawl gear with a 
footrope diameter larger than 8 inches (20 cm,) and no larger than 19 
inches (48 cm) including any rollers, bobbins, or other material 
encircling or tied along the length of the footrope.
    (C) Small footrope trawl gear means a bottom trawl gear with a 
footrope diameter of 8 inches (20 cm) or smaller, including any rollers, 
bobbins, or other material encircling or tied along the length of the 
footrope. Selective flatfish trawl gear that meets the gear component 
requirements in Sec. 660.130(b), subpart D is a type of small footrope 
trawl gear.
    (ii) Midwater (pelagic or off-bottom) trawl means a trawl in which 
the otter boards and footrope of the net remain above the seabed. It 
includes pair trawls if fished in midwater. A midwater trawl has no 
rollers or bobbins on any part of the net or its component wires, ropes, 
and chains. For additional midwater trawl gear requirements and 
restrictions, see Sec. 660.130(b), subpart D.
    (iii) Trawl gear components include:
    (A) Breastline means a rope or cable that connects the end of the 
headrope and the end of the trawl fishing line along the edge of the 
trawl web closest to the towing point.
    (B) Chafing gear means webbing or other material attached to the 
codend of a trawl net to protect the codend from wear.
    (C) Codend. (See Sec. 600.10 of this chapter)

[[Page 12]]

    (D) Double-bar mesh means webbing comprised of two lengths of twine 
tied into a single knot.
    (E) Double-walled codend means a codend constructed of two walls 
(layers) of webbing.
    (F) Footrope means a chain, rope, or wire attached to the bottom 
front end of the trawl webbing forming the leading edge of the bottom 
panel of the trawl net, and attached to the fishing line.
    (G) Headrope means a chain, rope, or wire attached to the trawl 
webbing forming the leading edge of the top panel of the trawl net.
    (H) Rollers or bobbins means devices made of wood, steel, rubber, 
plastic, or other hard material that encircle the trawl footrope. These 
devices are commonly used to either bounce or pivot over seabed 
obstructions, in order to prevent the trawl footrope and net from 
snagging on the seabed.
    (I) Single-walled codend means a codend constructed of a single wall 
of webbing knitted with single or double-bar mesh.
    (J) Trawl fishing line means a length of chain, rope, or wire rope 
in the bottom front end of a trawl net to which the webbing or lead 
ropes are attached.
    (K) Trawl riblines means a 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 or Calendar year means 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.
    Fishing trip means a period of time between landings when fishing is 
conducted.
    Fishing vessel. (See Sec. 600.10 of this chapter)
    Grandfathered or first generation, when referring to a limited entry 
sablefish-endorsed permit owner, means those permit owners who owned a 
sablefish-endorsed limited entry permit prior to November 1, 2000, and 
are, therefore, exempt from certain requirements of the sablefish permit 
stacking program within the parameters of the regulations at Sec. 
660.25(b), subpart C and Sec. 660.231, subpart E.
    Groundfish means species managed by the PCGFMP, specifically:
    (1) Sharks: Leopard shark, Triakis semifasciata; soupfin shark, 
Galeorhinus zyopterus; spiny dogfish, Squalus acanthias.
    (2) Skates: Big skate, Raja binoculata; California skate, R. 
inornata; longnose skate, R. rhina.
    (3) Ratfish: Ratfish, Hydrolagus colliei.
    (4) Morids: Finescale codling, Antimora microlepis.
    (5) Grenadiers: Pacific rattail, Coryphaenoides acrolepis.
    (6) Roundfish: Cabezon, Scorpaenichthys marmoratus; kelp greenling, 
Hexagrammos decagrammus; lingcod, Ophiodon elongatus; Pacific cod, Gadus 
macrocephalus; Pacific whiting, Merluccius productus; sablefish, 
Anoplopoma fimbria.
    (7) Rockfish: In addition to the species below, longspine 
thornyhead, S. altivelis, and shortspine thornyhead, S. alascanus, 
``rockfish'' managed under the PCGFMP include all genera and species of 
the family Scorpaenidae that occur off Washington, Oregon, and 
California, even if not listed below. The Scorpaenidae genera are 
Sebastes, Scorpaena, Scorpaenodes, and Sebastolobus. Where species below 
are listed both in a major category (nearshore, shelf, slope) and as an 
area-specific listing (north or south of 40[deg]10' N. lat.) those 
species are considered ``minor'' in the geographic area listed.
    (i) Nearshore rockfish includes black rockfish, Sebastes melanops 
and the following minor nearshore rockfish species:
    (A) North of 40[deg]10[min] N. lat.: Black and yellow rockfish, S. 
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S. auriculatus; 
calico rockfish, S. dalli; China rockfish, S. nebulosus; copper 
rockfish, S. caurinus; gopher rockfish, S. carnatus; grass rockfish, S. 
rastrelliger; kelp rockfish, S. atrovirens; olive rockfish, S. 
serranoides; quillback rockfish, S. maliger; treefish,. S. serriceps.
    (B) South of 40[deg]10[min] N. lat., nearshore rockfish are divided 
into three management categories:

[[Page 13]]

    (1) Shallow nearshore rockfish consists of black and yellow 
rockfish, S. chrysomelas; China rockfish, S. nebulosus; gopher rockfish, 
S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish, S. 
atrovirens.
    (2) Deeper nearshore rockfish consists of black rockfish, S. 
melanops; blue rockfish, S. mystinus; brown rockfish, S. auriculatus; 
calico rockfish, S. dalli; copper rockfish, S. caurinus; olive rockfish, 
S. serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
    (3) California scorpionfish, Scorpaena guttata.
    (ii) Shelf rockfish includes bocaccio, Sebastes paucispinis; canary 
rockfish, S. pinniger; chilipepper, S. goodei; cowcod, S. levis; 
shortbelly rockfish, S. jordani; widow rockfish, S. entomelas; yelloweye 
rockfish, S. ruberrimus; yellowtail rockfish, S. flavidus and the 
following minor shelf rockfish species:
    (A) North of 40[deg]10[min] N. lat.: Bronzespotted rockfish, S. 
gilli; bocaccio, S. paucispinis; chameleon rockfish, S. phillipsi; 
chilipepper, S. goodei; cowcod, S. levis; dusky rockfish, S. ciliatus; 
dwarf-red, S. rufianus; flag rockfish, S. rubrivinctus; freckled, S. 
lentiginosus; greenblotched rockfish, S. rosenblatti; greenspotted 
rockfish, S. chlorostictus; greenstriped rockfish, S. elongatus; 
halfbanded rockfish, S. semicinctus; harlequin rockfish, S. variegatus; 
honeycomb rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink 
rockfish, S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S. 
wilsoni; redstripe rockfish, S. proriger; rosethorn rockfish, S. 
helvomaculatus; rosy rockfish, S. rosaceus; silvergray rockfish, S. 
brevispinis; speckled rockfish, S. ovalis; squarespot rockfish, S. 
hopkinsi; starry rockfish, S. constellatus; stripetail rockfish, S. 
saxicola; swordspine rockfish, S. ensifer; tiger rockfish, S. 
nigrocinctus; vermilion rockfish, S. miniatus.
    (B) South of 40[deg]10[min] N. lat.: Bronzespotted rockfish, S. 
gilli; chameleon rockfish, S. phillipsi; dusky rockfish, S. ciliatus; 
dwarf-red rockfish, S. rufianus; flag rockfish, S. rubrivinctus; 
freckled, S. lentiginosus; greenblotched rockfish, S. rosenblatti; 
greenspotted rockfish, S. chlorostictus; greenstriped rockfish, S. 
elongatus; halfbanded rockfish, S. semicinctus; harlequin rockfish, S. 
variegatus; honeycomb rockfish, S. umbrosus; Mexican rockfish, S. 
macdonaldi; pink rockfish, S. eos; pinkrose rockfish, S. simulator; 
pygmy rockfish, S. wilsoni; redstripe rockfish, S. proriger; rosethorn 
rockfish, S. helvomaculatus; rosy rockfish, S. rosaceus; silvergray 
rockfish, S. brevispinis; speckled rockfish, S. ovalis; squarespot 
rockfish, S. hopkinsi; starry rockfish, S. constellatus; stripetail 
rockfish, S. saxicola; swordspine rockfish, S. ensifer; tiger rockfish, 
S. nigrocinctus; vermilion rockfish, S. miniatus; yellowtail rockfish, 
S. flavidus.
    (iii) Slope rockfish includes darkblotched rockfish, S. crameri; 
Pacific ocean perch, S. alutus; splitnose rockfish, S. diploproa; and 
the following minor slope rockfish species:
    (A) North of 40[deg]10[min] N. lat.: Aurora rockfish, Sebastes 
aurora; bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; 
redbanded rockfish, S. babcocki; rougheye rockfish, S. aleutianus; 
sharpchin rockfish, S. zacentrus; shortraker rockfish, S. borealis; 
splitnose rockfish, S. diploproa; yellowmouth rockfish, S. reedi.
    (B) South of 40[deg]10[min] N. lat.: Aurora rockfish, Sebastes 
aurora; bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; 
Pacific ocean perch, S. alutus; redbanded rockfish, S. babcocki; 
rougheye rockfish, S. aleutianus; sharpchin rockfish, S. zacentrus; 
shortraker rockfish, S. borealis; yellowmouth rockfish, S. reedi.
    (8) Flatfish: Arrowtooth flounder (arrowtooth turbot), Atheresthes 
stomias; butter sole, Isopsetta isolepis; curlfin sole, Pleuronichthys 
decurrens; Dover sole, Microstomus pacificus; English sole, Parophrys 
vetulus; flathead sole, Hippoglossoides elassodon; Pacific sanddab, 
Citharichthys sordidus; petrale sole, Eopsetta jordani; rex sole, 
Glyptocephalus zachirus; rock sole, Lepidopsetta bilineata; sand sole, 
Psettichthys melanostictus; starry flounder, Platichthys stellatus. 
Where regulations of subparts C through G of this part refer to landings 
limits for ``other flatfish,'' those limits apply to all flatfish 
cumulatively taken except for those flatfish species specifically listed 
in Tables 1a and 2a of this subpart. (i.e., ``other flatfish'' includes 
butter sole, curlfin sole, flathead sole, Pacific

[[Page 14]]

sanddab, rex sole, rock sole, and sand sole.)
    (9) ``Other fish'': Where regulations of subparts C through G of 
this part refer to landings limits for ``other fish,'' those limits 
apply to all groundfish listed here in paragraphs (1) through (8) of 
this definition except for the following: Those groundfish species 
specifically listed in Tables 1a and 2a of this subpart with an ABC for 
that area (generally north and/or south of 40[deg]10[min] N. lat.); and 
Pacific cod and spiny dogfish coastwide. (i.e., ``other fish'' may 
include all sharks (except spiny dogfish), skates, ratfish, morids, 
grenadiers, and kelp greenling listed in this section, as well as 
cabezon in the north.)
    (10) ``DTS complex'': Where regulations of subparts C through G of 
this part refer to ``DTS complex'' species, that group of species 
includes Dover sole, shortspine thornyhead, longspine thornyhead, and 
sablefish.
    Groundfish trawl means trawl gear that is used under the authority 
of a valid limited entry permit issued under subparts C and D of this 
part endorsed for trawl gear and which meets the gear requirements 
specified in subpart D of this part. It does not include any type of 
trawl gear listed as non-groundfish trawl gear (previously called 
``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.
    Initial Administrative Determination (IAD) means a formal, written 
determination made by NMFS on an application or permit request, that is 
subject to an appeal within NMFS.
    Land or landing means to begin transfer of fish, offloading fish, or 
to offload fish from any vessel. Once transfer of fish begins, all fish 
aboard the vessel are counted as part of the landing.
    Legal fish means fish legally taken and retained, possessed, or 
landed in accordance with the provisions of 50 CFR part 660, subparts C 
through G, the Magnuson-Stevens Act, any document issued under part 660, 
and any other regulation promulgated or permit issued under the 
Magnuson-Stevens Act.
    Length overall or 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.
    License owner means a person who is the owner of record with NMFS, 
SFD, Permits Office of a License issued under Sec. 660.140, subpart D.
    Limited entry fishery means the fishery composed of vessels 
registered for use with limited entry permits.
    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:
    (1) The Federal permit required to fish in the limited entry ``A''-
endorsed fishery, and includes any gear, size, or species endorsements 
affixed to the permit, or
    (2) The Federal permit required to receive and process fish as a 
mothership processor.
    Maximum Sustainable Yield or MSY. (See Sec. 600.310 of this 
chapter)
    Mobile transceiver unit means a vessel monitoring system or VMS 
device, as set forth at Sec. 660.14, subpart C installed on board a 
vessel that is used for vessel monitoring and transmitting the vessel's 
position as required by subpart C.
    Non-groundfish fishery means any fishing using non-groundfish trawl 
gear or nontrawl gear when targeting salmon, HMS, CPS, crab, prawn, or 
any other species not managed under the PCGFMP. Non-groundfish fishery 
is sometimes referred to as the incidental open access fishery in which 
groundfish could be encountered with the gear used, regardless of 
whether groundfish is retained.
    Non-groundfish trawl (previously ``exempted'' trawl) means any trawl 
gear

[[Page 15]]

other than the Pacific Coast groundfish trawl gear that is authorized 
for use with a valid groundfish limited entry permit endorsed for trawl 
gear. Non-groundfish trawl gear includes trawl gear used to fish for 
pink shrimp, ridgeback prawn, California halibut south of Pt. Arena, and 
sea cucumbers south of Pt. Arena.
    Nontrawl fishery means
    (1) For the purpose of allocations at Sec. 660.55, subpart C, 
nontrawl fishery means the limited entry fixed gear fishery, the open 
access fishery, and the recreational fishery.
    (2) For the purposes of all other management measures in subparts C 
through G of this part, nontrawl fishery means fishing with any legal 
limited entry fixed gear or open access non-trawl groundfish gear other 
than trawl gear (groundfish trawl gear and non-groundfish trawl gear), 
but does not include the recreational fishery.
    North-South management area means the management areas defined in 
paragraph (1) of this definition, or defined and bounded by one or more 
or the commonly used geographic coordinates set out in paragraph (2) of 
this definition for the purposes of implementing different management 
measures in separate geographic areas of the U.S. West Coast.
    (1) Management areas.
    (i) Vancouver.
    (A) 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]35.73[min] N. lat., 
124[deg]43.00[min] W. long.) south of the International Boundary between 
the U.S. and Canada (at 48[deg]29.62[min] N. lat., 124[deg]43.55[min] W. 
long.), and north of the point where that line intersects with the 
boundary of the U.S. territorial sea.
    (B) The northern and northwestern boundary is a line connecting the 
following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts 18480 and 
18007:

------------------------------------------------------------------------
              Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
1...............................  48[deg]29.62[min]   124[deg]43.55[min]
2...............................  48[deg]30.18[min]   124[deg]47.22[min]
3...............................  48[deg]30.37[min]   124[deg]50.35[min]
4...............................  48[deg]30.23[min]   124[deg]54.87[min]
5...............................  48[deg]29.95[min]   124[deg]59.23[min]
6...............................  48[deg]29.73[min]   125[deg]00.10[min]
7...............................  48[deg]28.15[min]   125[deg]05.78[min]
8...............................  48[deg]27.17[min]   125[deg]08.42[min]
9...............................  48[deg]26.78[min]   125[deg]09.20[min]
10..............................  48[deg]20.27[min]   125[deg]22.80[min]
11..............................  48[deg]18.37[min]   125[deg]29.97[min]
12..............................  48[deg]11.08[min]   125[deg]53.80[min]
13..............................  47[deg]49.25[min]   126[deg]40.95[min]
14..............................  47[deg]36.78[min]   127[deg]11.97[min]
15..............................  47[deg]22.00[min]   127[deg]41.38[min]
16..............................  46[deg]42.08[min]   128[deg]51.93[min]
17..............................  46[deg]31.78[min]   129[deg]07.65[min]
------------------------------------------------------------------------

    (C) The southern limit is 47[deg]30[min] N. lat.
    (ii) Columbia.
    (A) The northern limit is 47[deg]30[min] N. lat.
    (B) The southern limit is 43[deg]00[min] N. lat.
    (iii) Eureka.
    (A) The northern limit is 43[deg]00[min] N. lat.
    (B) The southern limit is 40[deg]30[min] N. lat.
    (iv) Monterey.
    (A) The northern limit is 40[deg]30[min] N. lat.
    (B) The southern limit is 36[deg]00[min] N. lat.
    (v) Conception.
    (A) The northern limit is 36[deg]00[min] N. lat.
    (B) 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]35.37[min]   117[deg]27.82[min]
2...............................  32[deg]37.62[min]   117[deg]49.52[min]
3...............................  31[deg]07.97[min]   118[deg]36.30[min]
4...............................  30[deg]32.52[min]   121[deg]51.97[min]
------------------------------------------------------------------------

    (2) Commonly used geographic coordinates.
    (i) Cape Alava, WA--48[deg]10.00[min] N. lat.
    (ii) Queets River, WA--47[deg]31.70[min] N. lat.
    (iii) Pt. Chehalis, WA--46[deg]53.30[min] N. lat.
    (iv) Leadbetter Point, WA--46[deg]38.17[min] N. lat.
    (v) Washington/Oregon border--46[deg]16.00[min] N. lat.
    (vi) Cape Falcon, OR--45[deg]46.00[min] N. lat.
    (vii) Cape Lookout, OR--45[deg]20.25[min] N. lat.
    (viii) Cascade Head, OR--45[deg]03.83[min] N. lat.
    (ix) Heceta Head, OR--44[deg]08.30[min] N. lat.
    (x) Cape Arago, OR--43[deg]20.83[min] N. lat.
    (xi) Cape Blanco, OR--42[deg]50.00[min] N. lat.
    (xii) Humbug Mountain--42[deg]40.50[min] N. lat.
    (xiii) Marck Arch, OR--42[deg]13.67[min] N. lat.
    (xiv) Oregon/California border--42[deg]00.00[min] N. lat.
    (xv) Cape Mendocino, CA--40[deg]30.00[min] N. lat.

[[Page 16]]

    (xvi) North/South management line--40[deg]10.00[min] N. lat.
    (xvii) Point Arena, CA--38[deg]57.50[min] N. lat.
    (xviii) Point San Pedro, CA--37[deg]35.67[min] N. lat.
    (xix) Pigeon Point, CA--37[deg]11.00[min] N. lat.
    (xx) Ano Nuevo, CA--37[deg]07.00[min] N. lat.
    (xxi) Point Lopez, CA--36[deg]00.00[min] N. lat.
    (xxii) Point Conception, CA--34[deg]27.00[min] N. lat. [Note: 
Regulations that apply to waters north of 34[deg]27.00[min] N. lat. are 
applicable only west of 120[deg]28.00[min] W. long.; regulations that 
apply to waters south of 34[deg]27.00[min] N. lat. also apply to all 
waters both east of 120[deg]28.00[min] W. long. and north of 
34[deg]27.00[min] N. lat.]
    Observer. (See Sec. 600.10 of this chapter--U.S. Observer or 
Observer)
    Observer Program or Observer Program Office means the West Coast 
Groundfish Observer Program (WCGOP) Office of the Northwest Fishery 
Science Center, National Marine Fisheries Service, Seattle, Washington.
    Office of Law Enforcement or OLE refers to the National Marine 
Fisheries Service, Office of Law Enforcement, Northwest Division.
    Open access fishery means the fishery composed of commercial vessels 
using open access gear fished pursuant to the harvest guidelines, 
quotas, and other management measures governing the harvest of open 
access allocations (detailed in Sec. 660.55 and Tables 1c and 2c of 
subpart C of this part) or governing the fishing activities of open 
access vessels (detailed in subpart F of this part). Any commercial 
vessel that is not registered to a limited entry permit and which takes 
and retains, possesses or lands groundfish is a participant in the open 
access groundfish 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) Groundfish trawl.
    Operate a vessel means any use of a vessel, including, but not 
limited to, fishing or drifting by means of the prevailing water current 
or weather conditions.
    Operator. (See Sec. 600.10)
    Optimum yield or 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:
    (1) The applicable trip limit for any fishery to which a trip limit 
applies;
    (2) The amount authorized by the applicable permit for trawl 
fisheries at subpart D of this part;
    (3) The amount authorized by the applicable sablefish-endorsed 
permits for fixed gear sablefish fisheries at subpart E of this part.
    Ownership interest means participation in ownership of a 
corporation, partnership, or other entity:
    (1) For sablefish-endorsed permits, ownership interest means 
participation in ownership of a corporation, partnership, or other 
entity that owns a sablefish-endorsed permit. Ownership interest does 
not mean owning stock in a publicly owned corporation.
    (2) For the limited entry trawl fishery in subpart D of this part, 
ownership interest means participation in ownership of a corporation, 
partnership, or other entity that owns a QS permit, vessel account, MS 
permit, or an MS/CV-endorsed limited entry permit.
    Pacific Coast Groundfish Fishery Management Plan or 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.
    Partnership is two or more individuals, partnerships, or 
corporations, or combinations thereof, who have ownership interest in a 
permit, including married couples and legally recognized

[[Page 17]]

trusts and partnerships, such as limited partnerships (LP), general 
partnerships (GP), and limited liability partnerships (LLP).
    Permit holder means a vessel owner as identified on the USCG form 
1270 or state motor vehicle licensing document and as registered on a 
limited entry permit issued under Subparts C through E of this part.
    Permit owner means a person who is the owner of record with NMFS, 
SFD, Permits Office of a limited entry permit. For first receiver site 
licenses, see definition for ``license owner.''
    Person, as it applies to limited entry and open access fisheries 
conducted under 50 CFR part 660, Subparts C through G, 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. (Also see an exception to certain 
requirements at Sec. 660.131(a), subpart D pertaining to Pacific 
whiting shoreside vessels 75-ft (23-m) or less LOA that, in addition to 
heading and gutting, remove the tails and freeze catch at sea.)
    (1) 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 shorebased or on the water.
    (2) Shorebased processing or processing means processing that takes 
place at a facility that is permanently fixed to land. (Also see the 
definition for shoreside processing at Sec. 660.140, subpart D which 
defines shoreside processing for the purposes of qualifying for a 
Shorebased IFQ Program QS permit.)
    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. (Also see the definition for 
processors at Sec. 660.140, subpart D which defines processor for the 
purposes of qualifying for a Shorebased IFQ Program QS permit.)
    Prohibited species means those species and species groups whose 
retention is prohibited unless authorized by provisions of this section 
or other applicable law. The following are prohibited species: Any 
species of salmonid, Pacific halibut, Dungeness crab caught seaward of 
Washington or Oregon, and groundfish species or species groups under the 
PCGFMP for which quotas have been achieved and/or the fishery closed.
    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 Administrator, Northwest Region, 
NMFS.
    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.
    Round weight. (See Sec. 600.10 of this chapter). Round weight does 
not include ice, water, or slime.
    Sale or sell. (See Sec. 600.10 of this chapter)
    Scientific research activity. (See Sec. 600.10 of this chapter)
    Secretary. (See Sec. 600.10 of this chapter)
    Specification is a numerical or descriptive designation of a 
management objective, including but not limited to: Acceptable 
biological catch; optimum yield; harvest guideline; quota; limited entry 
or open access allocation; a set-aside or allocation for a recreational 
or treaty Indian fishery; an apportionment of the above to an area, 
gear, season, fishery, or other subdivision.
    Spouse means a person who is legally married to another person as 
recognized by state law (i.e., one's wife or husband).
    Stacking is the practice of registering more than one limited entry 
permit for

[[Page 18]]

use with a single vessel (See Sec. 660.25(b)(4)(iii), subpart C).
    Sustainable Fisheries Division or 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 (Sec. Sec. 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 value of the vessel after repairs.
    Trawl fishery means
    (1) For the purpose of allocations at Sec. 660.55, subpart C, trawl 
fishery means the groundfish limited entry trawl fishery.
    (2) For the purposes of all other management measures in subparts C 
through G of this part, trawl fishery means any fishery using trawl gear 
as defined under the definition of fishing gear in this section.
    Trip. (See Sec. 600.10 of this chapter)
    Trip limits. Trip limits are used in the commercial fishery to 
specify the maximum amount of a fish species or species group that may 
legally be taken and retained, possessed, or landed, per vessel, per 
fishing trip, or cumulatively per unit of time, or the number of 
landings that may be made from a vessel in a given period of time, as 
follows:
    (1) A per trip limit is the total allowable amount of a groundfish 
species or species group, by weight, or by percentage of weight of legal 
fish on board, that may be taken and retained, possessed, or landed per 
vessel from a single fishing trip.
    (2) A daily trip limit is the maximum amount of a groundfish species 
or species group that may be taken and retained, possessed, or landed 
per vessel in 24 consecutive hours, starting at 0001 hours local time. 
Only one landing of groundfish may be made in that 24-hour period. Daily 
trip limits may not be accumulated during multiple day trips.
    (3) A weekly trip limit is the maximum amount of a groundfish 
species or species group that may be taken and retained, possessed, or 
landed per vessel in 7 consecutive days, starting at 0001 hours local 
time on Sunday and ending at 2400 hours local time on Saturday. Weekly 
trip limits may not be accumulated during multiple week trips. If a 
calendar week falls within two different months or two different 
cumulative limit periods, a vessel is not entitled to two separate 
weekly limits during that week.
    (4) A cumulative trip limit is the maximum amount of a groundfish 
species or species group that may be taken and retained, possessed, or 
landed per vessel in a specified period of time without a limit on the 
number of landings or trips, unless otherwise specified. The cumulative 
trip limit periods for limited entry and open access fisheries, which 
start at 0001 hours local time and end at 2400 hours local time, are as 
follows, unless otherwise specified:
    (i) The 2-month or ``major'' cumulative limit periods are: January 
1-February 28/29, March 1-April 30, May 1-June 30, July 1-August 31, 
September 1-October 31, and, November 1-December 31.
    (ii) One month means the first day through the last day of the 
calendar month.
    (iii) One week means 7 consecutive days, Sunday through Saturday.
    Vessel manager means a person or group of persons whom the vessel 
owner has given authority to oversee all or a portion of groundfish 
fishing activities aboard the vessel.
    Vessel monitoring system or VMS means a vessel monitoring system or 
mobile transceiver unit as set forth in Sec. 660.14, subpart C and 
approved by NMFS for use on vessels that take (directly or incidentally) 
species managed under the PCGFMP, as required by this subpart.
    Vessel of the United States or U.S. vessel. (See Sec. 600.10)
    Vessel owner or owner of a vessel, as used in subparts C through G 
of this part, means a person identified as the current owner in the 
Certificate of

[[Page 19]]

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.



Sec. 660.12  General groundfish prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter, it is unlawful for any person to:
    (a) General. (1) Retain any prohibited species (defined in Sec. 
660.11, subpart C and restricted in Sec. 660.60(e), subpart C) caught 
by means of fishing gear authorized under this subpart, unless 
authorized by part 600 or part 300 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.
    (2) Falsify or fail to affix and maintain vessel and gear markings 
as required by Sec. 660.20 or Sec. 660.219, subpart E or Sec. 
660.319, subpart F.
    (3) Fish for groundfish in violation of any terms or conditions 
attached to an EFP under Sec. 600.745 of this chapter or Sec. 660.30, 
subpart C of this part.
    (4) Fish for groundfish using gear not authorized in subparts C 
through G of this part or in violation of any terms or conditions 
attached to an EFP under Sec. 660.30, subpart C of this part or part 
600 of this chapter.
    (5) Take and retain, possess, or land more groundfish than specified 
under Sec. 660.50, Sec. 660.55, Sec. 660.60 of subpart C, or subpart 
D through G of this part, or under an EFP issued under Sec. 660.30, 
subpart C of this part, or part 600 of this chapter.
    (6) 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 to fish in that 
season, as described at Sec. 660.231, subpart E.
    (7) 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.
    (8) 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, scientific sorting designation, quota, harvest 
guideline, or OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, scientific sorting designation, 
quota, harvest guideline, or OY applied; except as specified at Sec. 
660.131, subpart C for vessels participating in the Pacific whiting at-
sea sectors.
    (9) When requested or required by an authorized officer, refuse to 
present fishing gear for inspection, refuse to present fish subject to 
such persons control for inspection; or interfere with a fishing gear or 
marine animal or plant life inspection.
    (10) Transfer fish to another vessel at sea unless a vessel is 
participating in the primary Pacific whiting fishery as part of the 
mothership or catcher/processor sectors.
    (11) Fish with dredge gear (defined in Sec. 660.11, subpart C) 
anywhere within EFH within the EEZ. For the purposes of regulation, EFH 
within the EEZ is described at Sec. 660.75, subpart C.
    (12) Fish with beam trawl gear (defined in Sec. 660.11, subpart C) 
anywhere within EFH within the EEZ. For the purposes of regulation, EFH 
within the EEZ is described at Sec. 660.75, subpart C.
    (13) During times or in areas where at-sea processing is prohibited, 
take and retain or receive Pacific whiting, except as cargo or fish 
waste, on a vessel in the fishery management area that already has 
processed Pacific whiting on board. An exception to this prohibition is 
provided if the fish are received within the tribal U&A from a member of 
a Pacific Coast treaty Indian tribe fishing under Sec. 660.50, subpart 
C.
    (b) Reporting and Recordkeeping. (1) 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. 660.13, subpart C, provided 
that person is required to do so by the applicable state law.
    (2) Fail to retain on board a vessel from which groundfish is 
landed, and provide to an authorized officer upon

[[Page 20]]

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.
    (c) Limited entry fisheries. (1) Carry on board a vessel, or deploy, 
limited entry gear when the limited entry fishery for that gear is 
closed, except that a vessel may carry on board limited entry groundfish 
trawl gear as provided in Sec. 660.112(a)(1), subpart D.
    (2) [Reserved]
    (d) Limited entry permits.
    (1) If a limited entry permit is registered for use with a vessel, 
fail to carry that permit onboard the vessel registered for use with the 
permit. A photocopy of the permit may not substitute for the original 
permit itself.
    (2) Make a false statement on an application for issuance, renewal, 
transfer, vessel registration, replacement of a limited entry permit, or 
a declaration of ownership interest in a limited entry permit.
    (e) 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 manually 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 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 subparts C through G of 
this part.
    (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. 660.116, subpart D, Sec. 660.216, subpart E, or Sec. 660.316, 
subpart F.
    (8) Fail to meet the vessel responsibilities specified at Sec. 
660.116, subpart D, Sec. 660.216, subpart E, or Sec. 660.316, subpart 
F.
    (f) Vessel Monitoring Systems. (1) Use any vessel required to 
operate and maintain a VMS unit under Sec. 660.14(b) unless that vessel 
carries a NMFS OLE type-approved mobile transceiver unit and complies 
with all the requirements described at Sec. 660.14(c).
    (2) Fail to install, activate, repair or replace a mobile 
transceiver unit prior to leaving port as specified at Sec. 660.14.
    (3) Fail to operate and maintain a mobile transceiver unit on board 
the vessel at all times as specified at Sec. 660.14.
    (4) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, mobile 
transceiver unit, or VMS signal required to be installed on or 
transmitted by a vessel as specified at Sec. 660.14.
    (5) Fail to contact NMFS OLE or follow NMFS OLE instructions when 
automatic position reporting has been interrupted as specified at Sec. 
660.14.
    (6) Register the same VMS transceiver unit to more than one vessel 
at the same time.
    (7) Falsify any VMS activation report or VMS exemption report that 
is authorized or required, as specified at Sec. 660.14.
    (8) Falsify any declaration report that is required, as specified at 
Sec. 660.13.

[[Page 21]]



Sec. 660.13  Recordkeeping and reporting.

    (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.
    (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 
(i.e., logbooks, state landing receipts, etc.) of groundfish harvests 
and 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.
    (d) Declaration reporting requirements--(1) Declaration reports for 
vessels registered to limited entry permits. The operator of any vessel 
registered to a limited entry permit must provide NMFS OLE with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which the vessel is 
used to fish in U.S. ocean waters between 0 and 200 nm offshore of 
Washington, Oregon, or California.
    (2) Declaration reports for all vessels using non-groundfish trawl 
gear. The operator of any vessel that is not registered to a limited 
entry permit and which uses non-groundfish trawl gear to fish in the EEZ 
(3-200 nm offshore), must provide NMFS OLE with a declaration report, as 
specified at paragraph (d)(5)(iv) of this section, before the vessel 
leaves port to fish in the EEZ.
    (3) Declaration reports for open access vessels using non trawl gear 
(all types of open access gear other than non-groundfish trawl gear). 
The operator of any vessel that is not registered to a limited entry 
permit, must provide NMFS with a declaration report, as specified at 
paragraph (d)(5)(iv) of this section, before the vessel leaves port on a 
trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ or land groundfish taken in the EEZ.
    (4) Declaration reports for tribal vessels using trawl gear. The 
operator of any tribal vessel using trawl gear must provide NMFS with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which fishing occurs 
within the trawl RCA.
    (5) Declaration reports. (i) The operator of a vessel specified in 
paragraphs (d)(1), (d)(2), and (d)(3) of this section must provide a 
declaration report to NMFS OLE prior to leaving port on the first trip 
in which the vessel meets the requirement specified at Sec. 660.14(b) 
to have a VMS.
    (ii) The vessel operator must send a new declaration report before 
leaving port on a trip in which a gear type that is different from the 
gear type most recently declared for the vessel will be used. A 
declaration report will be valid until another declaration report 
revising the existing gear declaration is received by NMFS OLE.
    (iii) During the period of time that a vessel has a valid 
declaration report on file with NMFS OLE, it cannot fish with a gear 
other than a gear type declared by the vessel.
    (iv) Declaration reports will include: The vessel name and/or 
identification number, and gear type (as defined in paragraph 
(d)(5)(iv)(A) of this section). Upon receipt of a declaration report, 
NMFS will provide a confirmation code or receipt to confirm that a valid 
declaration report was received for the vessel. Retention of the 
confirmation code or receipt to verify that a valid declaration report 
was filed and the declaration requirement was met is the responsibility 
of the vessel owner or operator. Vessels using non trawl gear may 
declare more than one gear type, however, vessels using trawl gear may 
only declare one of the trawl gear types listed in paragraph 
(d)(5)(iv)(A) of this section on any trip and may not declare non trawl 
gear on the same trip in which trawl gear is declared.
    (A) One of the following gear types must be declared:
    (1) Limited entry fixed gear,
    (2) [Reserved]
    (3) Limited entry mid water trawl, non-whiting,

[[Page 22]]

    (4) Limited entry mid water trawl, Pacific whiting shore based 
sector,
    (5) Limited entry mid water trawl, Pacific whiting catcher/processor 
sector,
    (6) Limited entry mid water trawl, Pacific whiting mother ship 
sector,
    (7) Limited entry bottom trawl, not including emerald trawl,
    (8) Limited entry emerald trawl,
    (9) Non-groundfish trawl gear for pink shrimp,
    (10) Non-groundfish trawl gear for ridgeback prawn,
    (11) Non-groundfish trawl gear for California halibut,
    (12) Non-groundfish trawl gear for sea cucumber,
    (13) Open access longline gear for groundfish,
    (14) Open access Pacific halibut longline gear,
    (15) Open access groundfish trap or pot gear,
    (16) Open access Dungeness crab trap or pot gear,
    (17) Open access prawn trap or pot gear,
    (18) Open access sheephead trap or pot gear,
    (19) Open access line gear for groundfish,
    (20) Open access HMS line gear,
    (21) Open access salmon troll gear,
    (22) Open access California Halibut line gear,
    (23) Open access net gear,
    (24) Other gear, or
    (25) Tribal trawl.
    (B) [Reserved]



Sec. 660.14  Vessel Monitoring System (VMS) requirements.

    (a) What is a VMS? A VMS consists of a NMFS OLE type-approved mobile 
transceiver unit that automatically determines the vessel's position and 
transmits it to a NMFS OLE type-approved communications service 
provider. The communications service provider receives the transmission 
and relays it to NMFS OLE.
    (b) Who is Required to Have a VMS? The following vessels are 
required to install a NMFS OLE type-approved mobile transceiver unit and 
to arrange for a NMFS OLE type-approved communications service provider 
to receive and relay transmissions to NMFS OLE prior to fishing:
    (1) Any vessel registered for use with a limited entry permit that 
fishes in state or Federal waters seaward of the baseline from which the 
territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore).
    (2) Any vessel that uses non-groundfish trawl gear to fish in the 
EEZ.
    (3) Any vessel that uses open access gear to take and retain, or 
possess groundfish in the EEZ or land groundfish taken in the EEZ.
    (c) How are Mobile Transceiver Units and Communications Service 
Providers Approved by NMFS OLE?
    (1) NMFS OLE will publish type-approval specifications for VMS 
components in the Federal Register or notify the public through other 
appropriate media.
    (2) Mobile transceiver unit manufacturers or communication service 
providers will submit products or services to NMFS OLE for evaluation 
based on the published specifications.
    (3) NMFS OLE may publish a list of NMFS OLE type-approved mobile 
transceiver units and communication service providers for the Pacific 
Coast groundfish fishery in the Federal Register or notify the public 
through other appropriate media. As necessary, NMFS OLE may publish 
amendments to the list of type-approved mobile transceiver units and 
communication service providers in the Federal Register or through other 
appropriate media. A list of VMS transceivers that have been type-
approved by NMFS OLE may be mailed to the permit owner's address of 
record. NMFS will bear 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, as required at Sec. 
660.25(b)(4)(i)(B).
    (d) What are the Vessel Owner's Responsibilities? If you are a 
vessel owner that must participate in the VMS program, you or the vessel 
operator must:
    (1) Obtain a NMFS OLE type-approved mobile transceiver unit and have 
it installed on board your vessel in accordance with the instructions

[[Page 23]]

provided by NMFS OLE. You may obtain a copy of the VMS installation and 
operation instructions from the NMFS OLE Northwest, VMS Program Manager 
upon request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: 
(206) 526-6133.
    (2) Activate the mobile transceiver unit, submit an activation 
report at least 72 hours prior to leaving port on a trip in which VMS is 
required, and receive confirmation from NMFS OLE that the VMS 
transmissions are being received before participating in a fishery 
requiring the VMS. Instructions for submitting an activation report may 
be obtained from the NMFS, Northwest OLE VMS Program Manager upon 
request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: (206) 
526-6133. An activation report must again be submitted to NMFS OLE 
following reinstallation of a mobile transceiver unit or change in 
service provider before the vessel may be used to fish in a fishery 
requiring the VMS.
    (i) Activation reports. If you are a vessel owner who must use VMS 
and you are activating a VMS transceiver unit for the first time or 
reactivating a VMS transceiver unit following a reinstallation of a 
mobile transceiver unit or change in service provider, you must fax NMFS 
OLE an activation report that includes: Vessel name; vessel owner's 
name, address and telephone number, vessel operator's name, address and 
telephone number, USCG vessel documentation number/state registration 
number; if applicable, the groundfish permit number the vessel is 
registered to; VMS transceiver unit manufacturer; VMS communications 
service provider; VMS transceiver identification; identifying if the 
unit is the primary or backup; and a statement signed and dated by the 
vessel owner confirming compliance with the installation procedures 
provided by NMFS OLE.
    (ii) Transferring ownership of VMS unit. Ownership of the VMS 
transceiver unit may be transferred from one vessel owner to another 
vessel owner if all of the following documents are provided to NMFS OLE: 
A new activation report, which identifies that the transceiver unit was 
previously registered to another vessel; a notarized bill of sale 
showing proof of ownership of the VMS transceiver unit; documentation 
from the communications service provider showing proof that the service 
agreement for the previous vessel was terminated and that a service 
agreement was established for the new vessel.
    (3) Transceiver unit operation. Operate and maintain the mobile 
transceiver unit in good working order continuously, 24 hours a day 
throughout the fishing year, unless such vessel is exempted under 
paragraph (d)(4) of this section. The mobile transceiver unit must 
transmit a signal accurately indicating the vessel's position at least 
once every hour, 24 hours a day, throughout the year unless a valid 
exemption report, as described in paragraph (b)(4) of this section, has 
been received by NMFS OLE. Less frequent position reporting at least 
once every four hours is authorized when a vessel remains in port for an 
extended period of time, but the mobile transceiver unit must remain in 
continuous operation at all times unless the vessel is exempted under 
this section.
    (4) VMS exemptions. A vessel that is required to operate and 
maintain the mobile transceiver unit continuously 24 hours a day 
throughout the fishing year may be exempted from this requirement if a 
valid exemption report, as described at paragraph (d)(4)(vii) of this 
section, is received by NMFS OLE and the vessel is in compliance with 
all conditions and requirements of the VMS exemption identified in this 
section and specified in the exemption report.
    (i) Haul out exemption. When it is anticipated that a vessel will be 
continuously out of the water for more than 7 consecutive days and a 
valid exemption report has been received by NMFS OLE, electrical power 
to the VMS mobile transceiver unit may be removed and transmissions may 
be discontinued. Under this exemption, VMS transmissions can be 
discontinued from the time the vessel is removed from the water until 
the time that the vessel is placed back in the water.
    (ii) Outside areas exemption. When the vessel will be operating 
seaward of the EEZ off Washington, Oregon, or California continuously 
for more than 7 consecutive days and a valid exemption

[[Page 24]]

report has been received by NMFS OLE, the VMS mobile transceiver unit 
transmissions may be reduced or discontinued from the time the vessel 
leaves the EEZ off the coasts of Washington, Oregon or California until 
the time that the vessel re-enters the EEZ off the coasts of Washington, 
Oregon or California. Under this exemption, the vessel owner or operator 
can request that NMFS OLE reduce or discontinue the VMS transmissions 
after receipt of an exemption report, if the vessel is equipped with a 
VMS transceiver unit that NMFS OLE has approved for this exemption.
    (iii) Permit transfer exemption. If the limited entry permit has 
been transferred from a vessel (for the purposes of this section, this 
includes permits placed into ``unidentified'' status) the vessel may be 
exempted from VMS requirements providing the vessel is not used to fish 
in state or Federal waters seaward of the baseline from which the 
territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore) for the remainder of the fishing year. If 
the vessel is used to fish in this area for any species of fish at any 
time during the remaining portion of the fishing year without being 
registered to a limited entry permit, the vessel is required to have and 
use VMS.
    (iv) Long-term departure exemption. A vessel participating in the 
open access fishery that is required to have VMS under paragraph (b)(3) 
of this section may be exempted from VMS provisions after the end of the 
fishing year in which it fished in the open access fishery, providing 
the vessel submits a completed exemption report signed by the vessel 
owner that includes a statement signed by the vessel owner indicating 
that the vessel will not be used to take and retain or possess 
groundfish in the EEZ or land groundfish taken in the EEZ during the new 
fishing year.
    (v) Emergency exemption. Vessels required to have VMS under 
paragraph (b) of this section may be exempted from VMS provisions in 
emergency situations that are beyond the vessel owner's control, 
including but not limited to: Fire, flooding, or extensive physical 
damage to critical areas of the vessel. A vessel owner may apply for an 
emergency exemption from the VMS requirements specified in paragraph (b) 
of this section for his/her vessel by sending a written request to NMFS 
OLE specifying the following information: The reasons for seeking an 
exemption, including any supporting documents (e.g., repair invoices, 
photographs showing damage to the vessel, insurance claim forms, etc.); 
the time period for which the exemption is requested; and the location 
of the vessel while the exemption is in effect. NMFS OLE will issue a 
written determination granting or denying the emergency exemption 
request. A vessel will not be covered by the emergency exemption until 
NMFS OLE issues a determination granting the exemption. If an exemption 
is granted, the duration of the exemption will be specified in the NMFS 
OLE determination.
    (vi) Submission of exemption reports. Signed long-term departure 
exemption reports must be submitted by fax or by emailing an electronic 
copy of the actual report. In the event of an emergency in which an 
emergency exemption request will be submitted, initial contact with NMFS 
OLE must be made by telephone, fax or email within 24 hours from when 
the incident occurred. Emergency exemption requests must be requested in 
writing within 72 hours from when the incident occurred. Other exemption 
reports must be submitted through the VMS or another method that is 
approved by NMFS OLE and announced in the Federal Register. Submission 
methods for exemption requests, except long-term departures and 
emergency exemption requests, may include email, facsimile, or 
telephone. NMFS OLE will provide, through appropriate media, 
instructions to the public on submitting exemption reports. Instructions 
and other information needed to make exemption reports may be mailed to 
the vessel owner's address of record. NMFS will bear no responsibility 
if a notification is sent to the address of record for the vessel owner 
and is not received because the vessel owner's actual address has 
changed without notification to NMFS. Owners of vessels required to

[[Page 25]]

use VMS who do not receive instructions by mail are responsible for 
contacting NMFS OLE during business hours at least 3 days before the 
exemption is required to obtain information needed to make exemption 
reports. NMFS OLE must be contacted during business hours (Monday 
through Friday between 0800 and 1700 Pacific Time).
    (vii) Valid exemption reports. For an exemption report to be valid, 
it must be received by NMFS at least 2 hours and not more than 24 hours 
before the exempted activities defined at paragraphs (d)(4)(i) through 
(iv) of this section occur. An exemption report is valid until NMFS 
receives a report canceling the exemption. An exemption cancellation 
must be received at least 2 hours before the vessel re-enters the EEZ 
following an outside areas exemption; at least 2 hours before the vessel 
is placed back in the water following a haul out exemption; at least 2 
hours before the vessel resumes fishing for any species of fish in state 
or Federal waters off the States of Washington, Oregon, or California 
after it has received a permit transfer exemption; or at least 2 hours 
before a vessel resumes fishing in the open access fishery after a long-
term departure exemption. If a vessel is required to submit an 
activation report under paragraph (d)(2)(i) of this section before 
returning to fish, that report may substitute for the exemption 
cancellation. Initial contact must be made with NMFS OLE not more than 
24 hours after the time that an emergency situation occurred in which 
VMS transmissions were disrupted and followed by a written emergency 
exemption request within 72 hours from when the incident occurred. If 
the emergency situation upon which an emergency exemption is based is 
resolved before the exemption expires, an exemption cancellation must be 
received by NMFS at least 2 hours before the vessel resumes fishing.
    (5) When aware that transmission of automatic position reports has 
been interrupted, or when notified by NMFS OLE that automatic position 
reports are not being received, contact NMFS OLE at 7600 Sand Point Way 
NE, Seattle, WA 98115-6349, phone: (206) 526-6133 and follow the 
instructions provided to you. Such instructions may include, but are not 
limited to, manually communicating to a location designated by NMFS OLE 
the vessel's position or returning to port until the VMS is operable.
    (6) After a fishing trip during which interruption of automatic 
position reports has occurred, the vessel's owner or operator must 
replace or repair the mobile transceiver unit prior to the vessel's next 
fishing trip. Repair or reinstallation of a mobile transceiver unit or 
installation of a replacement, including change of communications 
service provider shall be in accordance with the instructions provided 
by NMFS OLE and require the same certification.
    (7) Make the mobile transceiver units available for inspection by 
NMFS OLE personnel, USCG personnel, state enforcement personnel or any 
authorized officer.
    (8) Ensure that the mobile transceiver unit is not tampered with, 
disabled, destroyed, operated, or maintained improperly.
    (9) Pay all charges levied by the communication service provider as 
necessary to ensure continuous operation of the VMS transceiver units.



Sec. 660.15  Equipment requirements.

    (a) Applicability. This section contains the equipment and 
operational requirements for scales used to weigh catch at sea, scales 
used to weigh catch at IFQ first receivers, computer hardware for 
electronic fish ticket software and computer hardware for electronic 
logbook software.
    (b) Performance and technical requirements for scales used to weigh 
catch at sea. [Reserved]
    (c) Performance and technical requirements for scales used to weigh 
catch at IFQ first receivers. [Reserved]
    (d) Electronic fish tickets. Pacific whiting shoreside first 
receivers using the electronic fish ticket software provided by Pacific 
States Marine Fish Commission are required to meet the hardware and 
software requirements below. Those Pacific whiting shoreside first 
receivers who have NMFS-approved software compatible with the standards 
specified by Pacific States Marine Fish Commission for electronic fish 
tickets

[[Page 26]]

are not subject to any specific hardware or software requirements.
    (1) Hardware and software requirements. (i) A personal computer with 
Pentium 75-MHz or higher. Random Access Memory (RAM) must have 
sufficient megabyte (MB) space to run the operating system, plus an 
additional 8 MB for the software application and available hard disk 
space of 217 MB or greater. A CD-ROM drive with a Video Graphics Adapter 
(VGA) or higher resolution monitor (super VGA is recommended).
    (ii) Microsoft Windows 2000 (64 MB or greater RAM required), Windows 
XP (128 MB or greater RAM required) or later operating system.
    (iii) Microsoft Access 2003 or newer.
    (2) NMFS approved software standards and Internet access. The first 
receiver is responsible for obtaining, installing and updating 
electronic fish tickets software either provided by Pacific States 
Marine Fish Commission, or compatible with the data export 
specifications specified by Pacific States Marine Fish Commission and 
for maintaining Internet access sufficient to transmit data files via e-
mail. Requests for data export specifications can be submitted to: Attn: 
Frank Lockhart, National Marine Fisheries Service, Northwest Region 
Sustainable Fisheries Division, 7600 Sand Point Way NE., Seattle, WA 
98115, or via e-mail to [email protected].
    (3) Maintenance. The Pacific whiting shoreside first receiver is 
responsible for ensuring that all hardware and software required under 
this subsection are fully operational and functional whenever the 
Pacific whiting primary season deliveries are accepted.
    (4) Improving data quality. Vessel owners and operators, Pacific 
whiting shoreside first receivers, or shoreside processor owners, or 
managers may contact NMFS in writing to request assistance in improving 
data quality and resolving issues. Requests may be submitted to: Attn: 
Frank Lockhart, National Marine Fisheries Service, Northwest Region 
Sustainable Fisheries Division, 7600 Sand Point Way NE., Seattle, WA 
98115, or via e-mail to [email protected].



Sec. 660.16  Groundfish observer program.

    (a) General. Vessel owners, operators, and managers are jointly and 
severally responsible for their vessels' compliance with observer 
requirements specified in this section and within Sec. 660.116, subpart 
D, Sec. 660.216, subpart E, Sec. 660.316, subpart F, or subpart G.
    (b) Purpose. The purpose of the Groundfish Observer Program is 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) Catcher vessels. For the purposes of observer coverage 
requirements the term ``catcher vessel'' includes the vessels described 
in paragraphs (c)(1) through (c)(3) of this section. The term ``catcher 
vessel'' does not include: Catcher/processor or mothership vessels, 
Pacific whiting shoreside vessels that sort catch at sea, or 
recreational vessels.
    (1) Any vessel registered for use with a Pacific Coast groundfish 
limited entry permit that fishes in state or Federal waters seaward of 
the baseline from which the territorial sea is measured off the States 
of Washington, Oregon or California (0-200 nm offshore).
    (2) Any vessel other than a vessel described in paragraph (c)(1) of 
this section that is used to take and retain, possess, or land 
groundfish in or from the EEZ.
    (3) Any vessel that is required to take a Federal observer by the 
applicable State law.
    (d) Observer coverage requirements. The following table provides 
references to the regulatory sections with the observer coverage 
requirements.

------------------------------------------------------------------------
 West Coast Groundfish  Fishery/Program  Regulation  subpart and section
------------------------------------------------------------------------
Catcher Vessels in the Trawl Fishery,    subpart D, Sec. 660.116.
 and Pacific Whiting Shoreside Vessels
 that Sort Catch At Sea.
Mothership Processors..................  subpart D, Sec. 660.116.
Catcher/Processors.....................  subpart D, Sec. 660.116.
Catcher Vessels in the Fixed Gear        subpart E, Sec. 660.216.
 Fisheries.
Catcher Vessels in the Open Access       subpart F, Sec. 660.316.
 Fisheries.
------------------------------------------------------------------------


[[Page 27]]

    (e) NMFS-certified Observer Certification and Observer 
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 (e)(3) of this 
section.
    (ii) Certification requirements. NMFS will certify individuals who:
    (A) Are employed by an observer provider company permitted pursuant 
to 50 CFR 679.50 at the time of the issuance of the certification;
    (B) Have provided, through their observer provider:
    (1) Information identified by NMFS at 50 CFR 
679.50(i)(2)(x)(A)(1)(iii) and (iv); and
    (2) Information identified by NMFS at 50 CFR 679.50(i)(2)(x)(C) 
regarding the observer candidate's health and physical fitness for the 
job;
    (C) Meet all education and health standards as specified in 50 CFR 
679.50(i)(2)(i)(A) and (i)(2)(x)(C), respectively; and
    (D) Have successfully completed NMFS-approved training as prescribed 
by the Observer Program.
    (1) 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.
    (2) If a candidate fails training, he or she will be notified in 
writing on or before the last day of training. The notification will 
indicate: The reasons the candidate failed the training; whether the 
candidate can retake the training, and under what conditions, or 
whether, the candidate will not be allowed to 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 (e)(2)(i) of this section.
    (E) Have not been decertified as specified in Sec. 660.18(b), or 
pursuant to 50 CFR 679.50.
    (2) Agency determinations on observer certification--(i) Issuance of 
an observer certification. An observer certification will be issued upon 
determination by the observer certification official (see Sec. 660.18, 
subpart C) that the candidate has successfully met all requirements for 
certification as specified in paragraph (e)(1)(ii) of this section.
    (ii) Denial of a certification. The NMFS observer certification 
official (see Sec. 660.18, subpart C) 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 Sec. 660.18, subpart C. 
The IAD will identify the reasons certification was denied and what 
requirements were deficient.
    (iii) Appeals. A candidate who receives an IAD that denies his or 
her certification may appeal pursuant to Sec. 660.18, subpart C. 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.
    (3) Endorsements. The following endorsements must be obtained, in 
addition to observer certification, in order for an observer to deploy.
    (i) Certification training endorsement. A certification training 
endorsement signifies the successful completion of the training course 
required to obtain 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. The 
observer can renew the endorsement by successfully completing 
certification training once more.
    (ii) 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

[[Page 28]]

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.
    (iii) 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.
    (iv) Pacific whiting fishery endorsements. A Pacific whiting fishery 
endorsement is required for purposes of performing observer duties 
aboard vessels that process groundfish at sea in the Pacific whiting 
fishery. A Pacific whiting fishery endorsement to an observer's 
certification may be obtained by meeting the following requirements:
    (A) Be a prior NMFS-certified observer in the groundfish fisheries 
off Alaska or the Pacific Coast, unless an individual with this 
qualification is not available;
    (B) Receive an evaluation by NMFS for his or her most recent 
deployment (if any) that indicated that the observer's performance met 
Observer Program expectations for that deployment;
    (C) Successfully complete a NMFS-approved observer training and/or 
Pacific whiting briefing as prescribed by the Observer Program; and
    (D) Comply with all of the other requirements of this section.
    (4) Standards of observer conduct--(i) 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 substantially affected 
by the performance or non-performance of the observer's official duties.



Sec. 660.17  Catch monitors and catch monitor service providers. [Reserved]



Sec. 660.18  Certification and decertification procedures for observers,
catch monitors, catch monitor providers, and observer providers.

    (a) Observer certification official. The Regional Administrator (or 
a designee) will designate a NMFS observer certification official who 
will make decisions for the Observer Program Office on whether to issue 
or deny observer certification pursuant to the regulations at Sec. 
660.16(e), subpart C.
    (b) Observer suspension and decertification.
    (1) Suspension and decertification review official. The Regional 
Administrator (or a designee) will designate a suspension and 
decertification review official(s), who will have the authority

[[Page 29]]

to review certifications and issue initial administrative determinations 
of certification suspension and/or decertification.
    (2) Causes for suspension or decertification. The suspension/
decertification official may initiate suspension or decertification 
proceedings against an observer:
    (i) When it is alleged that the observer has committed any acts or 
omissions of any of the following:
    (A) Failed to satisfactorily perform the duties of observers as 
specified in writing by the NMFS Observer Program; or
    (B) Failed to abide by the standards of conduct for observers as 
prescribed under Sec. 660.16(e)(4), subpart C.
    (ii) Upon conviction of a crime or upon entry of a civil judgment 
for:
    (A) 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;
    (B) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property;
    (C) Commission of any other offense indicating a lack of integrity 
or honesty that seriously and directly affects the fitness of observers.
    (D) Conflict of interest as specified at Sec. 660.18 (d) of this 
section.
    (3) Issuance of initial administrative determination. Upon 
determination that suspension or decertification is warranted under 
Sec. 660.18(b) of this section the suspension/decertification official 
will issue a written IAD to the observer and send it via certified mail 
to the observer's most current address of record as provided to NMFS. 
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 of a certification, the terms of the suspension will 
be specified. Suspension or decertification is effective immediately as 
of the date of issuance, unless the suspension/decertification official 
notes a compelling reason for maintaining certification for a specified 
period and under specified conditions.
    (4) Appeals. A certified observer who receives an IAD that suspends 
or revokes certification may appeal pursuant to paragraph (c) of this 
section.
    (c) Appeals process--(1) Decisions. Decisions on appeals of initial 
administrative decisions denying certification to, or suspending, or 
decertifying, will be made by the Regional Administrator (or designated 
official). Appeals decisions shall be in writing and shall state the 
reasons therefore.
    (2) Filing an appeal of the determination. An appeal must be filed 
with the Regional Administrator within 30 days of the initial 
administrative determination denying, suspending, or revoking the 
certification.
    (3) Content of an appeal. The appeal must be in writing, and must 
allege facts or circumstances to show why the certification should be 
granted, or should not be suspended or revoked, under the criteria in 
this section.
    (4) Decision on an appeal. Absent good cause for further delay, the 
Regional Administrator (or designated official) will issue a written 
decision on the appeal within 45 days of receipt of the appeal. The 
Regional Administrator's decision is the final decision of the Regional 
Administrator acting on behalf of the Secretary of Commerce as of the 
date of the decision.
    (d) Limitations on conflict of interest--(1) Limitations on conflict 
of interest for observers: (i) Must not have a direct financial 
interest, other than the provision of observer or catch monitor 
services, in a North Pacific fishery managed pursuant to an FMP for the 
waters off the coast of Alaska, Alaska state waters, or in a Pacific 
Coast fishery managed by either the state or Federal governments in 
waters off Washington, Oregon, or California, including but not limited 
to:
    (A) Any ownership, mortgage holder, or other secured interest in a 
vessel, shorebased 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, shorebased or floating stationary processing facility; or
    (C) Any business involved with purchasing raw or processed products 
from

[[Page 30]]

any vessel, shorebased or floating stationary processing facilities.
    (ii) Must 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.
    (iii) May not serve as observer on any vessel or at any shoreside or 
floating stationary processing facility owned or operated where a person 
was previously employed.
    (iv) May not solicit or accept employment as a crew member or an 
employee of a vessel, shoreside processor, or stationary floating 
processor while employed by an observer or catch monitor provider.
    (2) Provisions for remuneration of observers or catch monitors under 
this section do not constitute a conflict of interest.
    (3) Limitations on conflict of interest for catch monitors. 
[Reserved]
    (4) Limitations on conflict of interest for catch monitors 
providers. [Reserved]



Sec. 660.20  Vessel and gear identification.

    (a) Vessel identification--(1) Display. The operator of a vessel 
that is over 25 ft (7.6 m) in length and is engaged in commercial 
fishing for groundfish must display the vessel's official number on the 
port and starboard sides of the deckhouse or hull, and on a weather deck 
so as to be visible from above. The number must contrast with the 
background and be in block Arabic numerals at least 18 inches (45.7 cm) 
high for vessels over 65 ft (19.8 m) long and at least 10 inches (25.4 
cm) high for vessels between 25 and 65 ft (7.6 and 19.8 m) in length. 
The length of a vessel for purposes of this section is the length set 
forth in USCG records or in state records, if no USCG record exists.
    (2) Maintenance of numbers. The operator of a vessel engaged in 
commercial fishing for groundfish must keep the identifying markings 
required by paragraph (a)(1) 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.
    (3) Commercial passenger vessels. This section does not apply to 
vessels carrying fishing parties on a per-capita basis or by charter.
    (b) Gear identification. Gear identification requirements specific 
to fisheries using fixed gear (limited entry and open access) are 
described at Sec. 660.219, subpart E and Sec. 660.319, subpart F.



Sec. 660.24  Limited entry and open access fisheries.

    (a) 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.
    (b) [Reserved]



Sec. 660.25  Permits.

    (a) General. Each of the permits or licenses in this section has 
different conditions or privileges as part of the permit or license. The 
permits or licenses in this section confer a conditional privilege of 
participating in the Pacific coast groundfish fishery, in accordance 
with Federal regulations in 50 CFR part 660, subparts C through G.
    (b) Limited entry permit--(1) Eligibility and registration--(i) 
General. In order for a vessel to be used to fish in the limited entry 
fishery, the vessel owner must hold a limited entry permit and, through 
SFD, must register that vessel for use with a limited entry permit. 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, except that the MS permit does not have a gear 
endorsement. There are three types of gear endorsements: Trawl, 
longline, and pot (or trap). All limited entry permits, except the MS 
permit, have size endorsements; a vessel registered for use with a 
limited entry permit must comply with the vessel size requirements of 
this subpart. A sablefish endorsement is also required for a vessel to 
be used to fish in the primary season for the limited entry fixed gear 
sablefish fishery, north of 36[deg] N. lat. Certain limited

[[Page 31]]

entry permits will also have endorsements required for participation in 
a specific fishery, such as the MS/CV endorsement and the C/P 
endorsement.
    (A) Until the trawl rationalization program is implemented, a 
catcher vessel participating in either the Pacific whiting shorebased or 
mothership sector must, in addition to being registered for use with a 
limited entry permit, be registered for use with a sector-appropriate 
Pacific whiting vessel license under Sec. 660.26, subpart C. A vessel 
participating in the Pacific whiting catcher/processor sector must, in 
addition to being registered for use with a limited entry permit, be 
registered for use with a sector-appropriate Pacific whiting vessel 
license under Sec. 660.26, subpart C. Although a mothership vessel 
participating in the Pacific whiting mothership sector is not required 
to be registered for use with a limited entry permit, such vessel must 
be registered for use with a sector-appropriate Pacific whiting vessel 
license under Sec. 660.26, subpart C.
    (B) [Reserved]
    (ii) Eligibility. Only a person eligible to own a documented vessel 
under the terms of 46 U.S.C. 12113 (a) may be issued or may hold a 
limited entry permit.
    (iii) 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 be used to fish in the limited entry fishery.
    (A) For all limited entry permits, including MS permits, MS/CV-
endorsed permits, and C/P-endorsed permits when they are not fishing in 
the at-sea whiting fisheries, registration of a limited entry 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.
    (B) For MS permits, MS/CV-endorsed permits, and C/P-endorsed permits 
when they are fishing in the at-sea whiting fisheries, registration of a 
limited entry permit to be used with a new vessel will take effect on 
the date NMFS approves and issuance of the transferred permit.
    (iv) Limited entry permits indivisible. Limited entry permits may 
not be divided for use by more than one vessel.
    (v) Initial administrative determination. SFD will make an IAD 
regarding permit endorsements, renewal, replacement, and change in 
vessel registration. SFD will notify the permit owner in writing with an 
explanation of any determination 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.
    (2) Mothership (MS) permit. The MS permit conveys a conditional 
privilege for the vessel registered to it,, to participate in the MS 
fishery by receiving and processing deliveries of groundfish in the 
Pacific whiting mothership sector. An MS permit is a type of limited 
entry permit. An MS permit does not have any endorsements affixed to the 
permit, as listed in paragraph (b)(3) of this section. The provisions 
for the MS permit, including eligibility, renewal, change of permit 
ownership, vessel registration, fees, and appeals are described at Sec. 
660.150, subpart D.
    (3) Endorsements--(i) ``A'' endorsement. A limited entry permit with 
an ``A'' endorsement entitles the vessel registered to the permit to 
fish 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 paragraph (b)(3)(iv) 
of this section 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 
paragraph (b)(4) of this section. An ``A''

[[Page 32]]

endorsement expires on failure to renew the limited entry permit to 
which it is affixed. An MS permit is not considered a limited entry 
``A''-endorsed permit.
    (ii) Gear endorsement. There are three types of gear endorsements: 
Trawl, longline and pot (trap). When limited entry ``A''-endorsed 
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 ``A''-endorsed 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 ``A''-endorsed permit is authorized to fish the gear(s) 
endorsed on the permit. While participating in the limited entry, fixed 
gear primary fishery for sablefish described at Sec. 660.231, subpart 
E, 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. 660.231, subpart E, may not fish 
with open access gear against those limits. An MS permit does not have a 
gear endorsement.
    (iii) Vessel size endorsements--(A) General. Each limited entry 
``A''-endorsed permit will be endorsed with the LOA for the size of the 
vessel that initially qualified for the permit, except when permits are 
combined into one permit to be registered for use with a vessel 
requiring a larger size endorsement, the new permit will be endorsed for 
the size that results from the combination of the permits.
    (B) Limitations of size endorsements. (1) A limited entry permit 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 or a change 
in the size endorsement.
    (2) The vessel harvest capacity rating for each of the permits being 
combined is that indicated in Table 3 of subpart C 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 3 of 
subpart C, the length rating shall be the higher length.
    (C) Size endorsement requirements for sablefish-endorsed permits. 
Notwithstanding paragraphs (b)(3)(iii)(A) and (B) of this section, when 
multiple permits are ``stacked'' on a vessel, as described in paragraph 
(b)(4)(iii), at least one of the permits must meet the size requirements 
of those sections. The permit that meets the size requirements of those 
sections is considered the vessel's ``base'' permit, as defined in Sec. 
660.11, subpart C. If more than one permit registered for use with the 
vessel has an appropriate length endorsement for that vessel, NMFS SFD 
will designate a base permit by selecting the permit that has been 
registered to the vessel for the longest time. If the permit owner 
objects to NMFS' selection of the base permit, the permit owner may send 
a letter to NMFS SFD requesting the change and the reasons for the 
request. If the permit requested to be changed to the base permit is 
appropriate for the length of the vessel, NMFS SFD will reissue the 
permit with the new base permit. Any additional permits that are stacked 
for use with a vessel participating in the limited entry fixed gear 
primary sablefish fishery may be registered for use with a vessel even 
if the vessel is more than 5 ft (1.5 m) longer or shorter than the size 
endorsed on the permit.
    (iv) Sablefish endorsement and tier assignment--(A) General. 
Participation in the limited entry fixed gear sablefish fishery during 
the primary season north of 36[deg] N. lat., described in Sec. 660.231, 
Subpart E, requires that an owner of a vessel hold (by ownership or

[[Page 33]]

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.
    (1) A sablefish endorsement with a tier assignment will be affixed 
to the permit and will remain valid when the permit is transferred.
    (2) A sablefish endorsement and its associated tier assignment are 
not separable from the limited entry permit, and therefore may not be 
transferred separately from the limited entry permit.
    (B) Issuance process for sablefish endorsements and tier 
assignments. No new applications for sablefish endorsements will be 
accepted after November 30, 1998. All tier assignments and subsequent 
appeals processes were completed by September 1998.
    (C) Ownership requirements and limitations. (1) 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.
    (2) No individual person, partnership, or corporation in combination 
may have ownership interest in or hold more than 3 permits with 
sablefish endorsements either simultaneously or cumulatively over the 
primary season, except for an individual person, or 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. An individual 
person, or partnerships or corporations that had ownership interest in 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, an individual person, 
partnership, or corporation that owned more than 3 permits as of 
November 1, 2000, sells or otherwise permanently transfers (not holding 
through a lease arrangement) 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.
    (3) A partnership or corporation will lose the exemptions provided 
in paragraphs (b)(3)(iv)(C)(1) and (2) 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 is defined at Sec. 660.11, subpart C. A change in the 
partnership or corporation must be reported to SFD within 15 calendar 
days of the addition of a new shareholder or partner.
    (4) Any partnership or corporation with any ownership interest in or 
that holds a limited entry permit with a sablefish endorsement shall 
document the extent of that ownership interest or the individuals that 
hold the permit with the SFD via the Identification of Ownership 
Interest Form sent to the permit owner through the annual permit renewal 
process and whenever a change in permit owner, permit holder, and/or 
vessel registration occurs as described at paragraph (b)(4)(iv) and (v) 
of this section. SFD will not renew a sablefish-endorsed limited entry 
permit through the annual renewal process described at paragraph 
(b)(4)(i) of this section, or approve a change in permit owner, permit 
holder, and/or vessel registration unless the Identification of 
Ownership Interest Form has been completed. Further, if SFD discovers 
through review of the Identification of Ownership Interest Form that an 
individual person, partnership, or corporation owns or holds more than 3 
permits and is not authorized to do so under paragraph (b)(3)(iv)(C)(2) 
of this section, the individual person, partnership or corporation will 
be notified and the permits owned or held by that individual person, 
partnership, or corporation will be void and reissued with the vessel 
status as ``unidentified'' until the permit owner owns and/or holds a

[[Page 34]]

quantity of permits appropriate to the restrictions and requirements 
described in paragraph (b)(3)(iv)(C)(2) of this section. If SFD 
discovers through review of the Identification of Ownership Interest 
Form that a partnership or corporation has had a change in membership 
since November 1, 2000, as described in paragraph (b)(3)(iv)(C)(3) of 
this section, the partnership or corporation will be notified, SFD will 
void any existing permits, and reissue any permits owned and/or held by 
that partnership or corporation in ``unidentified'' status with respect 
to vessel registration until the partnership or corporation is able to 
transfer those permits to persons authorized under this section to own 
sablefish-endorsed limited entry permits.
    (5) A person, partnership, or corporation that is exempt from the 
owner-on-board requirement may sell all of their permits, buy another 
sablefish-endorsed permit within up to a year from the date the last 
permit was approved for transfer, and retain their exemption from the 
owner-on-board requirements. An individual person, partnership or 
corporation could only obtain a permit if it has not added or changed 
individuals since November 1, 2000, excluding individuals that have left 
the partnership or corporation or that have died.
    (D) Sablefish at-sea processing prohibition and exemption. Vessels 
are prohibited from processing sablefish at sea that were caught in the 
primary sablefish fishery without sablefish at-sea processing 
exemptions. The sablefish at-sea processing exemption has been issued to 
a particular vessel and that permit and vessel owner who requested the 
exemption. The exemption is not part of the limited entry permit. The 
exemption is not transferable to any other vessel, vessel owner, or 
permit owner for any reason. The sablefish at-sea processing exemption 
will expire upon transfer of the vessel to a new owner or if the vessel 
is totally lost, as defined at Sec. 660.11, subpart C.
    (v) MS/CV endorsement. An MS/CV endorsement on a trawl limited entry 
permit conveys a conditional privilege that allows a vessel registered 
to it to fish in either the coop or non-coop fishery in the MS Coop 
Program described at Sec. 660.150, subpart D. The provisions for the 
MS/CV-endorsed limited entry permit, including eligibility, renewal, 
change of permit ownership, vessel registration, combinations, 
accumulation limits, fees, and appeals are described at Sec. 660.150, 
subpart D.
    (vi) C/P endorsement. A C/P endorsement on a trawl limited entry 
permit conveys a conditional privilege that allows a vessel registered 
to it to fish in the C/P Coop Program described at Sec. 660.160, 
subpart D. The provisions for the C/P-endorsed limited entry permit, 
including eligibility, renewal, change of permit ownership, vessel 
registration, combinations, fees, and appeals are described at Sec. 
660.160, subpart D.
    (vii) Endorsement and exemption restrictions. ``A'' endorsements, 
gear endorsements, sablefish endorsements and sablefish tier 
assignments, MS/CV endorsements, and C/P endorsements may not be 
transferred separately from the limited entry permit. Sablefish at-sea 
processing exemptions are associated with the vessel and not with the 
limited entry permit and may not be transferred at all.
    (4) Limited entry permit actions--renewal, combination, stacking, 
change of permit ownership or permit holdership, and transfer--(i) 
Renewal of limited entry permits and gear endorsements. (A) Limited 
entry permits expire at the end of each calendar year, and must be 
renewed between October 1 and November 30 of each year in order to 
remain in force the following year.
    (B) Notification to renew limited entry permits will be issued by 
SFD prior to September 1 each year to the permit owner's most recent 
address in the SFD record. The permit owner shall provide SFD with 
notice of any address change within 15 days of the change.
    (C) 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.

[[Page 35]]

    (D) Limited entry permits with sablefish endorsements, as described 
at paragraph (b)(3)(iv) of this section, will not be renewed until SFD 
has received complete documentation of permit ownership as required 
under paragraph (b)(3)(iv)(C)(4) of this section.
    (E) Limited entry permits with an MS/CV endorsement or an MS permit, 
will not be renewed until SFD has received complete documentation of 
permit ownership as required under Sec. 660.150(g) and Sec. 660.150(f) 
of subpart D, respectively.
    (ii) Combining limited entry ``A'' 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 (b)(3)(iii) of this section.
    (A) Sablefish-endorsed permit. With respect to limited entry permits 
endorsed for longline and pot (trap) 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.
    (B) MS/CV-endorsed permit. When an MS/CV-endorsed permit is combined 
with another non-C/P-endorsed permit (including unendorsed permits), the 
resulting permit will be MS/CV-endorsed. If an MS/CV-endorsed permit is 
combined with a C/P-endorsed permit, the MS/CV endorsement and catch 
history assignment will not be reissued on the combined permit.
    (C) C/P-endorsed permit. A C/P-endorsed permit that is combined with 
a limited entry trawl permit that is not C/P-endorsed will result in a 
single C/P-endorsed permit with a larger size endorsement. An MS/CV 
endorsement on one of the permits being combined will not be reissued on 
the resulting permit.
    (iii) Stacking limited entry permits. ``Stacking'' limited entry 
permits, as defined at Sec. 660.11, subpart C, refers to the practice 
of registering more than one sablefish-endorsed permit for use with a 
single vessel. Only limited entry permits with sablefish endorsements 
may be stacked. Up to 3 limited entry permits with sablefish 
endorsements may be registered for use with a single vessel during the 
primary sablefish season described at Sec. 660.231, subpart E. 
Privileges, responsibilities, and restrictions associated with stacking 
permits to fish in the primary sablefish fishery are described at Sec. 
660.231, subpart E and at paragraph (b)(3)(iv) of this section.
    (iv) Changes in permit ownership and permit holder. (A) 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 a limited 
entry permit with a sablefish endorsement that does not meet the 
ownership requirements for such permit described at paragraph 
(b)(3)(iv)(C) of this section. The SFD will not approve a change in 
permit ownership for a limited entry permit with an MS/CV endorsement 
that does not meet the ownership requirements for such permit described 
at Sec. 660.150(g)(3), subpart D. Change in permit owner and/or permit 
holder applications must be submitted to SFD with the appropriate 
documentation described at paragraph (b)(4)(vii) of this section.
    (1) During the initial issuance application period for the trawl 
rationalization program, NMFS will not review or approve any request for 
a change in limited entry trawl permit owner at any time during the 
application period, as specified at Sec. 660.140(d)(8)(viii) for QS 
applicants, at Sec. 660.150(g)(6)(vii) for MS/CV endorsement 
applicants, and at Sec. 660.160(d)(7)(vi) for C/P endorsement 
applicants. The initial issuance application period for the trawl 
rationalization program will begin on either November 1, 2010 or the 
date upon which the application is received by NMFS, whichever occurs 
first.
    (2) [Reserved]
    (B) 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

[[Page 36]]

vessel registered to the permit. Requirements for changing the vessel 
registered to the permit are described at paragraph (e) of this section.
    (C) Sablefish-endorsed permits. If a permit owner submits an 
application to transfer a sablefish-endorsed limited entry permit to a 
new permit owner or holder (transferee) during the primary sablefish 
season described at Sec. 660.231, subpart E (generally April 1 through 
October 31), the initial permit owner (transferor) must certify on the 
application form the cumulative quantity, in round weight, of primary 
season sablefish landed against that permit as of the application 
signature date for the then current primary season. The transferee must 
sign the application form acknowledging the amount of landings to date 
given by the transferor. This certified amount should match the total 
amount of primary season sablefish landings reported on state landing 
receipts. As required at Sec. 660.12(b), subpart C, any person landing 
sablefish must retain on board the vessel from which sablefish is 
landed, and provide to an authorized officer upon request, copies of any 
and all reports of sablefish landings from the primary season containing 
all data, and in the exact manner, required by the applicable state law 
throughout the primary sablefish season during which a landing occurred 
and for 15 days thereafter.
    (v) Changes in vessel registration- transfer of limited entry 
permits and gear endorsements--(A) 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 (b)(4)(vii) 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. Applications to transfer limited entry 
permits with sablefish endorsements will not be approved until SFD has 
received complete documentation of permit ownership as described at 
paragraph (b)(3)(iv)(C)(4) of this section and as required under 
paragraph (b)(4)(vii) of this section.
    (B) 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 fish. 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.
    (C) Effective date. 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. No transfer 
is effective until the limited entry permit has been reissued as 
registered with the new vessel.
    (D) Sablefish-endorsed permits. If a permit owner submits an 
application to register a sablefish-endorsed limited entry permit to a 
new vessel during the primary sablefish season described at Sec. 
660.231, subpart E (generally April 1 through October 31), the initial 
permit owner (transferor) must certify on the application form the 
cumulative quantity, in round weight, of primary season sablefish landed 
against that permit as of the application signature date for the then 
current primary season. The new permit owner or holder (transferee) 
associated with the new vessel must sign the application form 
acknowledging the amount of landings to date given by the transferor. 
This certified amount should match the total amount of primary season 
sablefish landings reported on state landing receipts. As required at 
Sec. 660.12(b), subpart C, any person landing sablefish must retain on 
board the vessel from which sablefish is landed, and provide

[[Page 37]]

to an authorized officer upon request, copies of any and all reports of 
sablefish landings from the primary season containing all data, and in 
the exact manner, required by the applicable state law throughout the 
primary sablefish season during which a landing occurred and for 15 days 
thereafter.
    (vi) Restriction on frequency of transfers--(A) General. 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.'' A 
vessel owner who removes a permit from his vessel and registers that 
permit as ``unidentified'' is not exempt from VMS requirements at Sec. 
660.14, subpart C unless specifically authorized by that section. 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).
    (B) Limited entry fixed gear and trawl-endorsed permits (without MS/
CV or C/P endorsements). Limited entry fixed gear and trawl-endorsed 
permits (without MS/CV or C/P endorsements) 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 Sec. 660.11, subpart C. 
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.
    (C) Limited entry MS permits and limited entry permits with MS/CV or 
C/P endorsements. Limited entry MS permits and limited entry permits 
with MS/CV or C/P endorsements may be registered to another vessel up to 
two times during the fishing season as long as the second transfer is 
back to the original vessel. The original vessel is either the vessel 
registered to the permit as of January 1, or if no vessel is registered 
to the permit as of January 1, the original vessel is the first vessel 
to which the permit is registered after January 1. After the original 
vessel has been established, the first transfer would be to another 
vessel, but any second transfer must be back to the original vessel.
    (vii) 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 following evidentiary standards 
apply:
    (A) 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.
    (B) For a request to change a vessel registration and/or change in 
permit ownership or permit holder for sablefish-endorsed permits with a 
tier assignment for which a corporation or partnership is listed as 
permit owner and/or holder, an Identification of Ownership Interest Form 
must be completed and included with the application form.
    (C) For a request to change permit ownership for an MS permit or for 
a request to change a vessel registration and/or change in permit 
ownership or permit holder for an MS/CV-endorsed limited entry trawl 
permit, an Identification of Ownership Interest Form must be completed 
and included with the application form.
    (D) For a request to change the vessel registration to a permit, the 
permit owner 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

[[Page 38]]

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.
    (E) 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, or other business entity.
    (F) For a request to change a permit's ownership that is 
necessitated by the 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.
    (G) 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).
    (H) Such other relevant, credible documentation as the applicant may 
submit, or the SFD or Regional Administrator may request or acquire, may 
also be considered.
    (viii) 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.
    (ix) Records maintenance. The SFD will maintain records of all 
limited entry permits that have been issued, renewed, transferred, 
registered, or replaced.
    (5) Small fleet. (i) 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.
    (ii) 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.
    (c) Quota share (QS) permit. A QS permit conveys a conditional 
privilege to a person to own QS or IBQ for designated species and 
species groups and to fish in the Shorebased IFQ Program described Sec. 
660.140, subpart D. A QS permit is not a limited entry permit. The 
provisions for the QS permit, including eligibility, renewal, change of 
permit ownership, accumulation limits, fees, and appeals are described 
at Sec. 660.140, subpart D.
    (d) First receiver site license. The first receiver site license 
conveys a conditional privilege to a first receiver to receive, 
purchase, or take custody, control or possession of landings from the 
Shorebased IFQ Program. The first receiver site license is issued for a 
person and a unique physical site consistent with the terms and 
conditions required to account for and weigh the landed species. A first 
receiver site license is not a limited entry permit. The provisions for 
the First Receiver Site License, including eligibility, registration, 
change of ownership, fees, and appeals are described at Sec. 
660.140(f), subpart D.
    (e) Coop permit. [Reserved]
    (1) MS coop permit. [Reserved]
    (2) C/P coop permit. [Reserved]
    (f) Permit fees. The Regional Administrator is authorized to charge 
fees to cover administrative expenses related to issuance of permits 
including initial

[[Page 39]]

issuance, renewal, transfer, vessel registration, replacement, and 
appeals. The appropriate fee must accompany each application.
    (g) Permit appeals process--(1) General. For permit actions, 
including issuance, renewal, change in vessel registration, change in 
permit owner or permit holder, and endorsement upgrade, the Assistant 
Regional Administrator for Sustainable Fisheries will make an initial 
administrative determination (IAD) on the action. In cases where the 
applicant disagrees with the IAD, the applicant may appeal that 
decision. Final decisions on appeals of IADs regarding issuance, 
renewal, change in vessel registration, change in permit owner or permit 
holder, and endorsement upgrade, will be made in writing by the Regional 
Administrator acting on behalf of the Secretary of Commerce and will 
state the reasons therefore. This section describes the procedures for 
appealing the IAD on permit actions made in this title under subparts C 
through G of part 660. Additional information regarding appeals of an 
IAD related to the trawl rationalization program is contained in the 
specific program sections under subpart D of part 660.
    (2) Who May Appeal? Only a person who received an IAD that 
disapproved any part of their application may file a written appeal. For 
purposes of this section, such person will be referred to as the 
``applicant.''
    (3) Submission of appeals. (i) The appeal must be in writing, must 
allege credible facts or circumstances to show why the criteria in this 
subpart have been met, and must include any relevant information or 
documentation to support the appeal.
    (ii) Appeals must be mailed or faxed to: National Marine Fisheries 
Service, Northwest Region, Sustainable Fisheries Division, ATTN: 
Appeals, 7600 Sand Point Way NE., Seattle, WA, 98115; Fax: 206-526-6426; 
or delivered to National Marine Fisheries Service at the same address.
    (4) Timing of appeals. (i) If an applicant appeals an IAD, the 
appeal must be postmarked, faxed, or hand delivered to NMFS no later 
than 30 calendar days after the date on the IAD. If the applicant does 
not appeal the IAD within 30 calendar days, the IAD becomes the final 
decision of the Regional Administrator acting on behalf of the Secretary 
of Commerce.
    (ii) The time period to submit an appeal begins with the date on the 
IAD. 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.
    (5) Address of record. For purposes of the appeals process, NMFS 
will establish as the address of record, the address used by the 
applicant in initial correspondence to NMFS. 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.
    (6) Decisions on appeals. (i) For the appeal of an IAD related to 
the application and initial issuance process for the trawl 
rationalization program listed in subpart D of part 660, the Regional 
Administrator shall appoint an appeals officer. After determining there 
is sufficient information and that all procedural requirements have been 
met, the appeals officer will review the record and issue a 
recommendation on the appeal to the Regional Administrator, which shall 
be advisory only. The recommendation must be based solely on the record. 
Upon receiving the findings and recommendation, the Regional 
Administrator shall issue a final decision on the appeal acting on 
behalf of the Secretary of Commerce in accordance with paragraph 
(g)(6)(ii) of this section.
    (ii) Final decision on appeal. The Regional Administrator will issue 
a written decision on the appeal which is the final decision of the 
Secretary of Commerce.
    (7) Status of permits pending appeal. (i) For all permit actions, 
except those actions related to the application and initial issuance 
process for the trawl rationalization program listed in subpart D of 
part 660, the permit registration remains as it was prior to the request 
until the final decision has been made.

[[Page 40]]

    (ii) For permit actions related to the application and initial 
issuance process for the trawl rationalization program listed in subpart 
D of part 660, the status of permits pending appeal is as follows:
    (A) For permit and endorsement qualifications and eligibility 
appeals (i.e., QS permit, MS permit, MS/CV endorsement, C/P 
endorsement), any permit or endorsement under appeal after December 31, 
2010 may not be used to fish in the Pacific Coast groundfish fishery 
until a final decision on the appeal has been made. If the permit or 
endorsement will be issued, the permit or endorsement will be effective 
upon approval, except for QS permits, which will be effective at the 
start of the next fishing year.
    (B) For a QS or IBQ amount for specific IFQ management unit species 
under appeal, the QS or IBQ amount for the IFQ species under appeal will 
remain as the amount assigned to the associated QS permit in the IAD). 
The QS permit may be used to fish in the Pacific Coast groundfish 
fishery with the QS or IBQ amounts assigned to the QS permit in the IAD. 
Once a final decision on the appeal has been made and if a revised QS or 
IBQ amount for a specific IFQ species will be assigned to the QS permit, 
the additional QS or IBQ amount associated with the QS permit will be 
effective at the start of the next calendar year following the final 
decision.
    (C) For a Pacific whiting catch history assignment associated with 
an MS/CV endorsement under appeal, the catch history assignment will 
remain as that previously assigned to the associated MS/CV-endorsed 
limited entry permit in the IAD). The MS/CV-endorsed limited entry 
permit may be used to fish in the Pacific Coast groundfish fishery with 
the catch history assigned to the MS/CV-endorsed permit in the IAD. Once 
a final decision on the appeal has been made, and if a revised catch 
history assignment will be issued, the additional Pacific whiting catch 
history assignment associated with the MS/CV endorsement will be 
effective at the start of the next calendar year following the final 
decision.
    (h) Permit sanctions. (1) All permits and licenses issued or applied 
for under Subparts C through G are subject to sanctions pursuant to the 
Magnuson-Stevens Act at 16 U.S.C. 1858(g) and 15 CFR part 904, subpart 
D.
    (2) All Shorebased IFQ Program permits (QS permit, first receiver 
site license), QS accounts, vessel accounts, and MS Coop Program permits 
(MS permit, MS/CV-endorsed permit, and MS coop permit), and C/P Coop 
Program permits (C/P-endorsed permit, C/P coop permit) issued under 
subpart D:
    (i) Are considered permits for the purposes of 16 U.S.C. 1857, 1858, 
and 1859;
    (ii) May be revoked, limited, or modified at any time in accordance 
with the Magnuson-Stevens Act, including revocation if the system is 
found to have jeopardized the sustainability of the stocks or the safety 
of fishermen;
    (iii) Shall not confer any right of compensation to the holder of 
such permits, licenses, and accounts if it is revoked, limited, or 
modified;
    (iv) Shall not create, or be construed to create, any right, title, 
or interest in or to any fish before the fish is harvested by the 
holder; and
    (v) Shall be considered a grant of permission to the holder of the 
permit, license, or account to engage in activities permitted by such 
permit, license, or account.



Sec. 660.26  Pacific whiting vessel licenses.

    (a) General. After May 11, 2009, participation in the Pacific 
whiting seasons described in Sec. 660.131(b), subpart D requires:
    (1) An owner of any vessel that catches Pacific whiting must own a 
limited entry permit, registered for use with that vessel, with a trawl 
gear endorsement; and, a Pacific whiting vessel license registered for 
use with that vessel and appropriate to the sector or sectors in which 
the vessel intends to fish;
    (2) An owner of any mothership vessel that processes Pacific whiting 
to hold a Pacific whiting vessel license registered for use with that 
vessel and appropriate to the sector or sectors in which the vessel 
intends to fish.
    (b) In combination with a limited entry permit. Pacific whiting 
vessel licenses

[[Page 41]]

are separate from limited entry permits and do not license a vessel to 
harvest Pacific whiting in the primary Pacific whiting season unless 
that vessel is also registered for use with a limited entry permit with 
a trawl gear endorsement.
    (c) Pacific whiting vessel license qualifying criteria--(1) 
Qualifying catch and/or processing history. Vessel catch and/or 
processing history will be used to determine whether that vessel meets 
the qualifying criteria for a Pacific whiting vessel license and to 
determine the sectors for which that vessel may qualify. Vessel catch 
and/or processing history includes only the catch and/or processed 
product of that particular vessel, as identified in association with the 
vessel's USCG number. Only Pacific whiting regulated 50 CFR part 660, 
subparts C and D that was taken with midwater (or pelagic) trawl gear 
will be considered for the Pacific whiting vessel license. Pacific 
whiting harvested or processed by a vessel that has since been totally 
lost, scrapped, or is rebuilt such that a new U.S.C.G. documentation 
number would be required will not be considered for this license. 
Pacific whiting harvested or processed illegally or landed illegally 
will not be considered for this license. Catch and/or processing history 
associated with a vessel whose permit was purchased by the Federal 
Government through the Pacific Coast groundfish fishing capacity 
reduction program, as identified at 68 FR 62435 (November 4, 2003), does 
not qualify a vessel for a Pacific whiting vessel license and no vessel 
owner may apply for or receive a Pacific whiting vessel license based on 
catch and/or processing history from one of those buyback vessels. The 
following sector-specific license qualification criteria apply:
    (i) For catcher/processor vessels, the qualifying criteria for a 
Pacific whiting vessel license is evidence of having caught and 
processed any amount of Pacific whiting during a primary catcher/
processor season during the period January 1, 1997 through January 1, 
2007.
    (ii) For mothership at-sea processing vessels, the qualifying 
criteria for a Pacific whiting vessel license is documentation of having 
received and processed any amount of Pacific whiting during a primary 
mothership season during the period January 1, 1997 through January 1, 
2007.
    (iii) For catcher vessels delivering Pacific whiting to at-sea 
mothership processing vessels, the qualifying criteria for a Pacific 
whiting vessel license is documentation of having delivered any amount 
of Pacific whiting to a mothership processor during a primary mothership 
season during the period January 1, 1997, through January 1, 2007.
    (iv) For catcher vessels delivering Pacific whiting to Pacific 
whiting shoreside first receivers, the qualifying criteria for a Pacific 
whiting vessel license is documentation of having made at least one 
landing of Pacific whiting taken with midwater trawl gear during a 
primary shorebased season during the period January 1, 1994, through 
January 1, 2007, and where the weight of Pacific whiting exceeded 50 
percent of the total weight of the landing.
    (2) Documentation and burden of proof. A vessel owner applying for a 
Pacific whiting vessel license has the burden to submit documentation 
that qualification requirements are met. An application that does not 
include documentation of meeting the qualification requirements during 
the qualifying years will be considered incomplete and will not be 
reviewed. The following standards apply:
    (i) A certified copy of the current vessel document (USCG or State) 
is the best documentation of vessel ownership and LOA.
    (ii) A certified copy of a State fish receiving ticket is the best 
documentation of a landing at a Pacific whiting shoreside first 
receiver, and of the type of gear used.
    (iii) For participants in the at-sea Pacific whiting fisheries, 
documentation of participation could include, but is not limited to: A 
final observer report documenting a particular catcher vessel, 
mothership, or catcher/processor's participation in the Pacific whiting 
fishery in an applicable year and during the applicable primary season, 
a bill of lading for Pacific whiting from an applicable year and during 
the applicable primary season, a catcher vessel receipt from a 
particular

[[Page 42]]

mothership known to have fished in the Pacific whiting fishery during an 
applicable year, a signed copy of a Daily Receipt of Fish and Cumulative 
Production Logbook (mothership sector) or Daily Fishing and Cumulative 
Production Logbook (catcher/processor sector) from an applicable year 
during the applicable primary season.
    (iv) Such other relevant, credible documentation as the applicant 
may submit, or the SFD or the Regional Administrator request or acquire, 
may also be considered.
    (d) Issuance process for Pacific whiting vessel licenses. (1) SFD 
will mail, to the most recent address provided to the SFD, Permits 
Office, a Pacific whiting vessel license application to all current and 
prior owners of vessels that have been registered for use with limited 
entry permits with trawl endorsements, excluding owners of those vessels 
whose permits were purchased through the Pacific Coast groundfish 
fishing capacity reduction program. NMFS will also make license 
applications available online at: http://www.nwr.noaa.gov/Groundfish-
Halibut/Groundfish-Permits/index.cfm. A vessel owner who believes that 
his/her vessel may qualify for the Pacific whiting vessel license will 
have until May 11, 2009, to submit an application with documentation 
showing how his/her vessel has met the qualifying criteria described in 
this section. NMFS will not accept applications for Pacific whiting 
vessel licenses received after May 11, 2009.
    (2) After receipt of a complete application, NMFS will notify 
applicants by letter of its determination whether their vessels qualify 
for Pacific whiting vessel licenses and the sector or sectors to which 
the licenses apply. Vessels that have met the qualification criteria 
will be issued the appropriate licenses at that time. After May 11, 
2009, NMFS will publish a list of vessels that qualified for Pacific 
whiting vessel licenses in the Federal Register.
    (3) If a vessel owner files an appeal from the determination under 
paragraph (d)(2) of this section, the appeal must be filed with the 
Regional Administrator within 30 calendar days of the issuance of the 
letter of determination. The appeal must be in writing and must allege 
facts or circumstances, and include credible documentation demonstrating 
why the vessel qualifies for a Pacific whiting vessel license. The 
appeal of a denial of an application for a Pacific whiting vessel 
license will not be referred to the Council for a recommendation, nor 
will any appeals be accepted by NMFS after June 15, 2009.
    (4) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 calendar days of 
receipt of the appeal. The Regional Administrator's decision is the 
final decision of the Regional Administrator acting on behalf of the 
Secretary of Commerce as of the date of the decision.
    (e) Notification to NMFS of changes to Pacific whiting vessel 
license information. The owner of a vessel registered for use with a 
Pacific whiting vessel license must provide a written request to NMFS to 
change the name or names of vessel owners provided on the vessel 
license, or to change the licensed vessel's name. The request must 
detail the names of all new vessel owners as registered with U.S. Coast 
Guard, a business address for the vessel owner, business phone and fax 
number, tax identification number, date of birth, and/or date of 
incorporation for each individual and/or entity, and a copy of the 
vessel documentation (USCG 1270) to show proof of ownership. NMFS will 
reissue a new vessel license with the names of the new vessel owners 
and/or vessel name information. The Pacific Whiting vessel license is 
considered void if the name of the vessel or vessel owner is changed 
from that given on the license. In addition, the vessel owner must 
report to NMFS any change in address for the vessel owner within 15 days 
of that change. Although the name of an individual vessel registered for 
use with a Pacific whiting vessel license may be changed, the license 
itself may not be registered to any vessel other than the vessel to 
which it was originally issued, as identified by that vessel's United 
States Coast Guard documentation number.

[[Page 43]]



Sec. 660.30  Compensation with fish for collecting resource information--EFPs.

    In addition to the reasons stated in Sec. 600.745(b)(1) of this 
chapter, an EFP may be issued under this subpart C 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 Pacific coast groundfish fishery (50 CFR part 
660, subparts C through 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 harvest 
specifications process, as described at Sec. 660.60, subpart C, 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

[[Page 44]]

accounted for in the next management cycle where it is practicable to do 
so.
    (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. 
600.745(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 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.



Sec. 660.40  Overfished species rebuilding plans.

    For each overfished groundfish stock with an approved rebuilding 
plan, this section contains the standards to be used to establish annual 
or biennial OYs, specifically the target date for rebuilding the stock 
to its MSY level and the harvest control rule to be used to rebuild the 
stock. The harvest control rule is expressed as a ``Spawning Potential 
Ratio'' or ``SPR'' harvest rate.
    (a) Bocaccio. The target year for rebuilding the southern bocaccio 
stock to BMSY is 2026. The harvest control rule

[[Page 45]]

to be used to rebuild the southern bocaccio stock is an annual SPR 
harvest rate of 77.7 percent.
    (b) Canary rockfish. The target year for rebuilding the canary 
rockfish stock to BMSY is 2021. The harvest control rule to 
be used to rebuild the canary rockfish stock is an annual SPR harvest 
rate of 88.7 percent.
    (c) Cowcod. The target year for rebuilding the cowcod stock south of 
Point Conception to BMSY is 2072. The harvest control rule to 
be used to rebuild the cowcod stock is an annual SPR harvest rate of 
82.1 percent.
    (d) Darkblotched rockfish. The target year for rebuilding the 
darkblotched rockfish stock to BMSY is 2028. The harvest 
control rule to be used to rebuild the darkblotched rockfish stock is an 
annual SPR harvest rate of 62.1 percent.
    (e) Pacific Ocean Perch (POP). The target year for rebuilding the 
POP stock to BMSY is 2017. The harvest control rule to be 
used to rebuild the POP stock is an annual SPR harvest rate of 86.4 
percent.
    (f) Widow rockfish. The target year for rebuilding the widow 
rockfish stock to BMSY is 2015. The harvest control rule to 
be used to rebuild the widow rockfish stock is an annual SPR harvest 
rate of 95.0 percent.
    (g) Yelloweye rockfish. The target year for rebuilding the yelloweye 
rockfish stock to BMSY is 2084. The harvest control rule to 
be used to rebuild the yelloweye rockfish stock is an annual SPR harvest 
rate of 66.3 percent in 2009 and in 2010. Yelloweye rockfish is subject 
to a ramp-down strategy where the harvest level has been reduced 
annually from 2007 through 2009. Yelloweye rockfish will remain at the 
2009 level in 2010. Beginning in 2011, yelloweye rockfish will be 
subject to a constant harvest rate strategy with a constant SPR harvest 
rate of 71.9 percent.



Sec. 660.50  Pacific Coast treaty Indian fisheries.

    (a) Pacific Coast treaty Indian tribes have treaty rights. Pacific 
Coast treaty Indian tribes have treaty rights to harvest groundfish in 
their usual and accustomed fishing areas in U.S. waters. In 1994, the 
United States formally recognized that the four Washington coastal 
treaty Indian tribes (Makah, Quileute, Hoh, and Quinault) have treaty 
rights to fish for groundfish in the Pacific Ocean, and concluded that, 
in general terms, the quantification of those rights is 50 percent of 
the harvestable surplus of groundfish that pass through the tribes U&A 
fishing areas.
    (b) Pacific Coast treaty Indian tribes. 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) Usual and accustomed fishing areas (U&A). The Pacific Coast 
treaty Indian tribes' U&A fishing areas within the fishery management 
area (FMA) are set out below in paragraphs (c)(1) through (c)(4) of this 
section. Boundaries of a tribe's fishing area may be revised as ordered 
by a Federal court.
    (1) Makah. That portion of the FMA north of 48[deg]02.25[min] N. 
lat. (Norwegian Memorial) and east of 125[deg]44[min] W. long.
    (2) Quileute. That portion of the FMA between 48[deg]07.60[min] N. 
lat. (Sand Point) and 47[deg]31.70[min] N. lat. (Queets River) and east 
of 125[deg]44[min] W. long.
    (3) Hoh. That portion of the FMA between 47[deg]54.30[min] N. lat. 
(Quillayute River) and 47[deg]21[min] N. lat. (Quinault River) and east 
of 125[deg]44[min] W. long.
    (4) Quinault. That portion of the FMA between 47[deg]40.10[min] N. 
lat. (Destruction Island) and 46[deg]53.30[min] N. lat. (Point Chehalis) 
and east of 125[deg]44[min] 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 
or set-aside of fish that will be managed by the tribes, or through 
regulations in this section that will apply specifically to the tribal 
fisheries.
    (1) Tribal allocations, set-asides, and regulations. An allocation, 
set-aside 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.

[[Page 46]]

The Secretary generally will announce the annual tribal allocations at 
the same time as the announcement of the harvest specifications.
    (2) Co-management. 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) Fishing by a member of a Pacific Coast treaty Indian tribe. A 
member of a Pacific Coast treaty Indian tribe fishing under this section 
and within their U&A fishing area is not subject to the provisions of 
other sections of subparts C through G of this part.
    (1) 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.
    (2) Permits. A limited entry permit described under Sec. 660.25, 
subpart C is not required for a member of a Pacific Coast treaty Indian 
tribe to fish in a tribal fishery described in paragraph (d) of this 
section.
    (3) Federal and tribal laws and regulations. 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 this section.
    (4) Fishing outside the U&A or without a groundfish allocation. 
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, set-aside, or 
regulation under this section, is subject to the regulations in the 
other sections of subpart C through subpart G of this part. Treaty 
fisheries operating within tribal allocations are prohibited from 
operating outside U&A fishing areas.
    (f) Pacific Coast treaty Indian fisheries allocations and harvest 
guidelines. The tribal harvest guideline for black rockfish is provided 
in paragraph (f)(1) of this section. Tribal fishery allocations for 
sablefish are provided in paragraph (f)(2) of this section, and Pacific 
whiting are provided in paragraph (f)(4) of this section. Trip limits 
for certain species were recommended by the tribes and the Council and 
are specified here with the tribal allocations.
    (1) Black rockfish. (i) 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]09.50[min] N. lat.) and between Destruction Island 
(47[deg]40[min] N. lat.) and Leadbetter Point (46[deg]38.17[min] 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 subparts C through G of this part.
    (ii) For the commercial harvest of black rockfish off Washington 
State, a treaty Indian tribes' harvest guideline is set at 30,000 lb 
(13,608 kg) for the area north of Cape Alava, WA (48[deg]09.50[min] N. 
lat) and 10,000 lb (4,536 kg) for the area between Destruction Island, 
WA (47[deg]40[min] N. lat.) and Leadbetter Point, WA (46[deg]38.17[min] 
N. lat.). This harvest guideline applies and is available to the Pacific 
Coast treaty Indian tribes. There are no tribal harvest restrictions for 
black rockfish in the area between Cape Alava and Destruction Island.
    (2) Sablefish. (i) The sablefish allocation to Pacific coast treaty 
Indian tribes is 10 percent of the sablefish total catch OY for the area 
north of 36[deg] N. lat. This allocation represents the total amount 
available to the treaty Indian fisheries before deductions for discard 
mortality.
    (ii) The tribal allocation is 694 mt per year. This allocation is, 
for each year, 10 percent of the Monterey through Vancouver area (North 
of 36[deg] N. lat.) OY, less 1.6 percent estimated discard mortality.
    (3) Lingcod. Lingcod taken in the treaty fisheries are subject to an 
overall expected total lingcod catch of 250 mt.

[[Page 47]]

    (4) Pacific whiting. The tribal allocation for 2010 is 49,939 mt.
    (5) Pacific cod. There is a tribal harvest guideline of 400 mt of 
Pacific cod. The tribes will manage their fisheries to stay within this 
harvest guideline.
    (g) Washington coastal tribal fisheries management measures--(1) 
Rockfish. The tribes will require full retention of all overfished 
rockfish species and all other marketable rockfish species during treaty 
fisheries.
    (2) Thornyheads. The tribes will manage their fisheries to the 
limited entry trip limits in place at the beginning on the year for both 
shortspine and longspine thornyheads as follows:
    (i) Trawl gear. (A) Shortspine thornyhead cumulative trip limits are 
as follows:
    (1) Small and large footrope trawl gear--17,000-lb (7,711-kg) per 2 
months.
    (2) Selective flatfish trawl gear--3,000-lb (1,361-kg) per 2 months.
    (3) Multiple bottom trawl gear--3,000-lb (1,361-kg) per 2 months.
    (B) Longspine thornyhead cumulative trip limits are as follows:
    (1) Small and large footrope trawl gear--22,000-lb (9,979-kg) per 2 
months.
    (2) Selective flatfish trawl gear--5,000-lb (2,268-kg) per 2 months.
    (3) Multiple bottom trawl gear--5,000-lb (2,268-kg) per 2 months.
    (ii) Fixed gear. (A) Shortspine thornyhead cumulative trip limits 
are 2,000-lb (907-kg) per 2 months.
    (B) Longspine thornyhead cumulative trip limits are 10,000-lb 
(4,536-kg) per 2 months.
    (3) Canary rockfish--are subject to a 300-lb (136-kg) trip limit.
    (4) Yelloweye rockfish--are subject to a 100-lb (45-kg) trip limit.
    (5) Yellowtail and widow rockfish. The Makah Tribe will manage the 
midwater trawl fisheries as follows: Yellowtail rockfish taken in the 
directed tribal mid-water trawl fisheries are subject to a cumulative 
limit of 180,000-lb (81,647 kg) per 2 month period for the entire fleet. 
Landings of widow rockfish must not exceed 10 percent of the weight of 
yellowtail rockfish landed, for a given vessel, throughout the year. 
These limits may be adjusted by the tribe inseason to minimize the 
incidental catch of canary rockfish and widow rockfish, provided the 
average 2-month cumulative yellowtail rockfish limit does not exceed 
180,000-lb (81,647 kg) for the fleet.
    (6) Other rockfish. Other rockfish, including minor nearshore, minor 
shelf, and minor slope rockfish groups are subject to a 300-lb (136-kg) 
trip limit per species or species group, or to the non-tribal limited 
entry trip limit for those species if those limits are less restrictive 
than 300-lb (136 kg) per trip.
    (7) Flatfish and other fish. Treaty fishing vessels using bottom 
trawl gear are subject to the limits applicable to the non-tribal 
limited entry trawl fishery for Dover sole, English sole, rex sole, 
arrowtooth flounder, and other flatfish in place at the beginning of the 
season. For Dover sole and arrowtooth flounder, the limited entry trip 
limits in place at the beginning of the season will be combined across 
periods and the fleet to create a cumulative harvest target. The limits 
available to individual vessels will then be adjusted inseason to stay 
within the overall harvest target as well as estimated impacts to 
overfished species. For petrale sole, treaty fishing vessels are 
restricted to a 50,000-lb (22,680 kg) per 2 month limit for the entire 
year. Trawl vessels are restricted to using small footrope trawl gear.
    (8) Pacific whiting. Tribal whiting processed at-sea by non-tribal 
vessels, must be transferred within the tribal U&A from a member of a 
Pacific Coast treaty Indian tribe fishing under this section.
    (9) Spiny dogfish. The tribes will manage their spiny dogfish 
fishery within the limited entry trip limits for the non-tribal 
fisheries.
    (10) 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.
    (11) EFH. Measures implemented to minimize adverse impacts to 
groundfish EFH, as described in Sec. 660.12 of this subpart, do not 
apply to tribal fisheries in their U&A fishing areas.

[[Page 48]]



Sec. 660.55  Allocations.

    (a) General. An allocation is the apportionment of a harvest 
privilege for a specific purpose, to a particular person, group of 
persons, or fishery sector. The opportunity to harvest Pacific Coast 
groundfish is allocated among participants in the fishery when the OYs 
for a given year are established in the biennial harvest specifications. 
For any stock that has been declared overfished, any formal allocation 
may be temporarily revised for the duration of the rebuilding period. 
For certain species, primarily trawl-dominant species, beginning with 
the 2011-2012 biennial specifications process, separate allocations for 
the trawl fishery and nontrawl fishery (which for this purpose includes 
limited entry fixed gear, open access, and recreational fisheries) will 
be established biennially or annually using the standards and procedures 
described in Chapter 6 of the PCGFMP. Chapter 6 of the PCGFMP provides 
the allocation structure and percentages for species allocated between 
the trawl and nontrawl fisheries. Also, separate allocations for the 
limited entry and open access fisheries may be established using the 
procedures described in Chapters 6 and 11 of the PCGFMP and this 
subpart. Allocation of sablefish north of 36[deg] N. lat. is described 
in paragraph (h) of this section and in the PCGFMP. Allocation of 
Pacific whiting is described in paragraph (i) of this section and in the 
PCGFMP. Allocation of black rockfish is described in paragraph (l) of 
this section. Allocation of Pacific halibut bycatch is described in 
paragraph (m) of this section. Allocations not specified in the PCGFMP 
are established in regulation through the biennial harvest 
specifications and are listed in Tables 1 a through d and Tables 2 a 
through d of this subpart.
    (b) Fishery harvest guidelines and reductions made prior to fishery 
allocations. Beginning with the 2011-2012 biennial specifications 
process and prior to the setting of fishery allocations, the OY is 
reduced by the Pacific Coast treaty Indian tribal harvest (allocations, 
set-asides, and estimated harvest under regulations at Sec. 660.50); 
projected scientific research catch of all groundfish species, estimates 
of fishing mortality in non-groundfish fisheries and, as necessary, set-
asides for EFPs. The remaining amount after these deductions is the 
fishery harvest guideline or quota. (Note: recreational estimates are 
not deducted here).
    (1) Pacific Coast treaty Indian tribal allocations, set-asides, and 
regulations are specified during the biennial harvest specifications 
process and are found at Sec. 660.50 and in Tables 1a and 2a of this 
subpart.
    (2) Scientific research catch results from scientific research 
activity as defined in regulations at Sec. 600.10.
    (3) Estimates of fishing mortality in non-groundfish fisheries are 
based on historical catch and projected fishing activities.
    (4) EFPs are authorized and governed by Sec. 660.60(f).
    (c) Trawl/nontrawl allocations. (1) Beginning with the 2011-2012 
biennial specifications process, the fishery harvest guideline or quota, 
may be divided into allocations for groundfish trawl and nontrawl 
(limited entry fixed gear, open access, and recreational) fisheries. IFQ 
species not listed in the table below will be allocated between the 
trawl and nontrawl fisheries through the biennial harvest specifications 
process. Species/species groups and areas allocated between the trawl 
and nontrawl fisheries listed in Chapter 6, Table 6-1 of the PCGFMP are 
allocated based on the percentages that follow:

  Allocation Percentages for Limited Entry Trawl and Non-Trawl Sectors
         Specified for FMP Groundfish Stocks and Stock Complexes
------------------------------------------------------------------------
                                   All non-treaty LE  All non-treaty non-
        Stock or complex           trawl sectors  %    trawl sectors  %
------------------------------------------------------------------------
Lingcod.........................  45................  55
Pacific Cod.....................  95................  5
Sablefish S. of 36[deg] N. lat..  42................  58
PACIFIC OCEAN PERCH.............  95................  5
WIDOW...........................  91................  9

[[Page 49]]

 
Chilipepper S. of 40[deg]10[min]  75................  25
 N. lat..
Splitnose S. of 40[deg]10[min]    95................  5
 N. lat..
Yellowtail N. of 40[deg]10[min]   88................  12
 N. lat..
Shortspine N. of 34[deg]27[min]   95................  5
 N. lat..
Shortspine S. of 34[deg]27[min]   50 mt.............  Remaining Yield
 N. lat..
Longspine N. of 34[deg]27[min]    95................  5
 N. lat..
DARKBLOTCHED....................  95................  5
Minor Slope RF North of           81................  18
 40[deg]10[min] N. lat..
Minor Slope RF South of           63................  37
 40[deg]10[min] N. lat..
Dover Sole......................  95................  5
English Sole....................  95................  5
Petrale Sole....................  95................  5
Arrowtooth Flounder.............  95................  5
Starry Flounder.................  50................  50
Other Flatfish..................  90................  10
------------------------------------------------------------------------

    (i) Trawl fishery allocation. The allocation for the limited entry 
trawl fishery is derived by applying the trawl allocation percentage by 
species/species group and area as specified in paragraph (c) of this 
section and as specified during the biennial harvest specifications 
process to the fishery harvest guideline for that species/species group 
and area. For IFQ species other than darkblotched rockfish, Pacific 
Ocean Perch, and widow rockfish, the trawl allocation will be further 
subdivided among the trawl sectors (MS, C/P, and IFQ) as specified in 
Sec. Sec. 660.140, 660.150, and 660.160 of subpart D. For darkblotched 
rockfish, Pacific Ocean Perch, and widow rockfish, the trawl allocation 
is further subdivided among the trawl sectors (MS, C/P, and IFQ) as 
follows:
    (A) Darkblotched rockfish. Allocate 9 percent or 25 mt, whichever is 
greater, of the total trawl allocation of darkblotched rockfish to the 
whiting fisheries (MS, C/P, and IFQ combined). The distribution of the 
whiting trawl allocation of darkblotched to each sector (MS, C/P, and 
IFQ) will be done pro rata relative to the sectors' whiting allocation. 
After deducting allocations for the whiting fisheries, allocate the 
remainder of the trawl allocation to the nonwhiting fishery.
    (B) Pacific Ocean Perch (POP). Allocate 17 percent or 30 mt, 
whichever is greater, of the total trawl allocation of Pacific ocean 
perch to the whiting fisheries (MS, C/P, and IFQ combined). The 
distribution of the whiting trawl allocation of POP to each sector (MS, 
C/P, and IFQ) will be done pro rata relative to the sectors' whiting 
allocation. After deducting allocations for the whiting fisheries, 
allocate the remainder of the trawl allocation to the nonwhiting 
fishery.
    (C) Widow rockfish. Allocate 52 percent of the total trawl 
allocation of widow rockfish to the whiting sectors if the stock is 
under rebuilding or 10 percent of the total trawl allocation or 500 mt 
of the trawl allocation to the whiting sectors, whichever is greater, if 
the stock is rebuilt. The latter allocation scheme automatically kicks 
in when widow rockfish is declared rebuilt. The distribution of the 
whiting trawl allocation of widow to each sector (MS, C/P, and IFQ) will 
be done pro rata relative to the sectors' whiting allocation. After 
deducting allocations for the whiting fisheries, allocate the remainder 
of the trawl allocation to the nonwhiting fishery.
    (ii) Nontrawl fishery allocation. The allocation for the nontrawl 
fishery is the fishery harvest guideline minus the allocation of the 
species/species group and area to the trawl fishery. These amounts will 
equal the nontrawl allocation percentage or amount by species for 
species listed in paragraph (c) of this section and the nontrawl 
allocation percentage from the biennial harvest specifications for other 
IFQ species. The nontrawl allocation will be shared between the limited 
entry fixed gear, open access, and recreational

[[Page 50]]

fisheries as specified through the biennial harvest specifications 
process and consistent with allocations in the PCGFMP.
    (2) [Reserved]
    (d) Commercial harvest guidelines. Beginning with the 2011-2012 
biennial specifications process, to derive the commercial harvest 
guideline, the fishery harvest guideline is further reduced by the 
recreational set-asides. The commercial harvest guideline is then 
allocated between the limited entry fishery (both trawl and fixed gear) 
and the directed open access fishery, as appropriate.
    (e) Limited entry (LE)/open access (OA) allocations--(1) LE/OA 
allocation percentages. The allocations between the limited entry and 
open access fisheries are based on standards from the PCGFMP.
    (2) Species with LE/OA allocations. For species with LE/OA 
allocations, the allocation between the limited entry (both trawl and 
fixed gear) and the open access fisheries is determined by applying the 
percentage for those species with a LE/OA allocation to the commercial 
harvest guideline plus the amount set-aside for the non-groundfish 
fisheries.
    (i) Limited entry allocation. The allocation for the limited entry 
fishery is the commercial harvest guideline minus any allocation to the 
directed open access fishery.
    (ii) Open access allocation. The allocation for the open access 
fishery is derived by applying the open access allocation percentage to 
the annual commercial harvest guideline or quota plus the non-groundfish 
fishery (i.e., incidental open access fishery) amount described in 
paragraph (b) of this section. The result is the total open access 
allocation. The portion that is set-aside for the non-groundfish 
fisheries is deducted and the remainder is the directed open access 
portion. For management areas or stocks for which 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.
    (A) 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 (July 11, 1984 through August 1, 1988) for the limited entry 
program by any vessel that did 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 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.
    (B) [Reserved]
    (f) Catch accounting. Catch accounting refers to how the catch in a 
fishery is monitored against the allocations described in this section. 
For species with trawl/nontrawl allocations, catch of those species are 
counted against the trawl/nontrawl allocations as explained in paragraph 
(f)(1) of this section. For species with limited entry/open access 
allocations in a given biennial cycle, catch of those species are 
counted against the limited entry/open access allocations as explained 
in paragraph (f)(2) of this section.
    (1) Between the trawl and nontrawl fisheries--(i) Catch accounting 
for the trawl allocation. Any groundfish caught by a vessel registered 
to a limited entry trawl-endorsed permit will be counted against the 
trawl allocation while they are declared in to a groundfish limited 
entry trawl fishery and while the applicable trawl fishery listed in 
subpart D of this part for that vessel's limited entry permit is open.
    (ii) Catch accounting for the nontrawl allocation. All groundfish 
caught by a vessel not registered to a limited entry permit and not 
fishing in the non-groundfish fishery will be counted against the 
nontrawl allocation. All groundfish caught by a vessel registered to a 
limited entry permit when the fishery for a vessel's limited entry 
permit has closed or they are not declared in to a limited entry 
fishery, will be counted against the nontrawl allocation, unless they 
are declared in to a non-groundfish fishery. Catch by vessels fishing in 
the non-groundfish

[[Page 51]]

fishery, as defined at Sec. 660.11, will be accounted for in the 
estimated mortality in the non-groundfish fishery that is deducted from 
the OY.
    (2) Between the limited entry and open access fisheries. Any 
groundfish caught by a vessel with a limited entry permit will be 
counted against the limited entry allocation while the limited entry 
fishery for that vessel's limited entry gear is open. When the fishery 
for a vessel's limited entry gear has closed, groundfish caught by that 
vessel with open access gear will be counted against the open access 
allocation. All groundfish caught by vessels without limited entry 
permits will be counted against the open access allocation.
    (g) 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 
will be set aside for the recreational fishery during the biennial 
specifications process. These amounts will be estimated prior to 
dividing the commercial harvest guideline between the limited entry and 
open access fisheries.
    (h) Sablefish Allocations (north of 36[deg] N. lat.). The 
allocations of sablefish north of 36[deg] N. lat. described in paragraph 
(h) of this section are specified in Chapter 6 of the PCGFMP.
    (1) Tribal/nontribal allocation. The sablefish allocation to Pacific 
coast treaty Indian tribes is identified at Sec. 660.50(f)(2), subpart 
C. The remainder is available to the nontribal fishery (limited entry, 
open access (directed and incidental), and research).
    (2) Between the limited entry and open access fisheries. The 
allocation of sablefish after tribal deductions is further reduced by 
the estimated total mortality of sablefish in research and incidental 
catch in non-groundfish fisheries (incidental open access); the 
remaining yield (nontribal share) is divided between open access and 
limited entry fisheries. The limited entry fishery allocation is 90.6 
percent and the open access allocation is 9.4 percent.
    (3) Between the limited entry trawl and limited entry fixed gear 
fisheries. The limited entry sablefish allocation is further allocated 
58 percent to the trawl fishery and 42 percent to the limited entry 
fixed gear (longline and pot/trap) fishery.
    (4) Between the limited entry fixed gear primary season and daily 
trip limit fisheries. Within the limited entry fixed gear fishery 
allocation, 85 percent is reserved for the primary season described in 
Sec. 660.231, subpart E, leaving 15 percent for the limited entry daily 
trip limit fishery described in Sec. 660.232, subpart E.
    (5) Ratios between tiers for sablefish-endorsed limited entry 
permits. 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 
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 Sec. 660.231(b)(3), subpart E.
    (i) Pacific whiting allocation. The allocation structure and 
percentages for Pacific whiting are described in the PCGFMP.
    (1) Annual treaty tribal Pacific whiting allocations are provided in 
Sec. 660.50, subpart C.
    (2) The commercial harvest guideline for Pacific whiting is 
allocated among three sectors, as follows: 34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent 
for the Shorebased IFQ Program. No more than 5 percent of the shorebased 
allocation may be taken and retained south of 42[deg] N. lat. before the 
start of the primary Pacific whiting season north of 42[deg] N. lat. 
Specific sector allocations for a given calendar year are found in 
Tables 1a and 2a of this subpart. Set asides for other species for the 
at-sea whiting fishery for a given calendar year are found in Tables 1d 
and 2d of this subpart.
    (j) Fishery set-asides. Annual set-asides are not formal allocations 
but they are amounts which are not available to the other fisheries 
during the fishing year. For the catcher/processor

[[Page 52]]

and mothership sectors of the at-sea Pacific whiting fishery, set-asides 
will be deducted from the limited entry trawl fishery allocation. Set-
aside amounts will be specified in Tables 1a through 2d of this subpart 
and may be adjusted through the biennial harvest specifications and 
management measures process.
    (k) Exempted fishing permit set-asides. Annual set-asides for EFPs 
described at Sec. 660.60(f), will be deducted from the OY. Set-aside 
amounts will be adjusted through the biennial harvest specifications and 
management measures process.
    (l) Black rockfish harvest guideline. The commercial tribal harvest 
guideline for black rockfish off Washington State is specified at Sec. 
660.50(f)(1), subpart C.
    (m) Pacific halibut bycatch allocation. The Pacific halibut fishery 
off Washington, Oregon and California (Area 2A in the halibut 
regulations) is managed under regulations at 50 CFR part 300, subpart E. 
Beginning with the 2011-2012 biennial specifications process, the PCGFMP 
sets a trawl mortality bycatch limit for legal and sublegal halibut at 
15 percent of the Area 2A constant exploitation yield (CEY) for legal 
size halibut, not to exceed 130,000 pounds for the first four years of 
trawl rationalization and not to exceed 100,000 pounds starting in the 
fifth year. This total bycatch limit may be adjusted downward or upward 
through the biennial specifications and management measures process. 
Part of the overall total catch limit is a set-aside of 10 mt of Pacific 
halibut, to accommodate bycatch in the at-sea Pacific whiting fishery 
and in the shoreside trawl fishery south of 40[deg]10[min] N lat 
(estimated to be approximately 5 mt each).



Sec. 660.60  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. Regulations under this subpart may be promulgated, 
removed, or revised during the fishing year. 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.
    (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), fishery harvest guidelines, commercial harvest 
guidelines and quotas, limited entry and open access allocations, or 
other approved fishery allocations, and to protect overfished and 
depleted stocks. Management measures will be designed to take into 
account the co-occurrence ratios of target species with overfished 
species, and will select measures that will minimize bycatch to the 
extent practicable.
    (c) Routine management measures. In addition to the catch 
restrictions in subparts D through G of this part, 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. Routine management measures 
that may be revised during the fishing year via this process are 
implemented in paragraph (h) of this section, and in subparts D through 
G of this part, including Tables 1 (North) and 1 (South) of subpart D, 
Tables 2 (North) and 2 (South) of subpart E, Tables 3 (North) and 3 
(South) of subpart F. Most trip, bag, and size limits, and area closures 
in the groundfish fishery have been designated ``routine,'' which means 
they may be changed rapidly after a single Council meeting. Council 
meetings are held in the months of March, April, June, September, and

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November. Inseason changes to routine management measures are announced 
in the Federal Register pursuant to the requirements of the 
Administrative Procedure Act (APA). Changes to trip limits are effective 
at the times stated in the Federal Register. Once a change is effective, 
it is illegal to take and retain, possess, or land more fish than 
allowed under the new trip limit. This means that, unless otherwise 
announced in the Federal Register, offloading must begin before the time 
a fishery closes or a more restrictive trip limit takes effect. 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, black rockfish, blue 
rockfish, splitnose rockfish, chilipepper 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. 660.11, subpart 
C; Pacific whiting; lingcod; Pacific cod; spiny dogfish; and ``other 
fish'' as a complex consisting of all groundfish species listed at Sec. 
660.11, subpart C 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 paragraphs (c)(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 limits and frequency limits based on 
gear type, closed seasons, and bycatch limits. 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. To achieve 
the rebuilding of an overfished or depleted stock, bycatch limits may be 
established and adjusted to be used to close the primary season for any 
sector of the Pacific whiting fishery described at Sec. 660.131(b), 
before the sector's Pacific whiting allocation is achieved if the 
applicable bycatch limit is reached. Bycatch limit amounts are specified 
at Sec. 660.131(b)(5), subpart D.
    (iii) Type of limited entry trawl gear on board. Limits on the type 
of limited entry trawl gear on board a vessel may be imposed on a 
biennial or more frequent basis. Requirements and restrictions on 
limited entry trawl gear type are found at Sec. 660.130, subpart D.
    (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

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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 implemented in any 
fishery that takes groundfish directly or incidentally. Depth-based 
management measures are set using specific boundary lines that 
approximate depth contours with latitude/longitude waypoints found at 
Sec. 660.70 through 660.74. Depth-based management measures and the 
setting of closed areas may be used: to protect and rebuild overfished 
stocks, to prevent the overfishing of any groundfish species by 
minimizing the direct or incidental catch of that species, to minimize 
the incidental harvest of any protected or prohibited species taken in 
the groundfish fishery, to extend the fishing season; for the commercial 
fisheries, to minimize disruption of traditional fishing and marketing 
patterns; for the recreational fisheries, to spread the available catch 
over a large number of anglers; to discourage target fishing while 
allowing small incidental catches to be landed; and to allow small 
fisheries to operate outside the normal season.
    (d) Automatic actions. Automatic management actions may be initiated 
by the NMFS Regional Administrator without prior public notice, 
opportunity to comment, or a Council meeting. These actions are 
nondiscretionary, and the impacts must have been taken into account 
prior to the action. Unless otherwise stated, a single notice will be 
published in the Federal Register making the action effective if good 
cause exists under the APA to waive notice and comment.
    (1) Automatic actions are used in the Pacific whiting fishery to:
    (i) Close sectors of the fishery or to reinstate trip limits in the 
shorebased fishery when a whiting harvest guideline, commercial harvest 
guideline, or a sector's allocation is reached, or is projected to be 
reached;
    (ii) Close all sectors or a single sector of the fishery when a 
bycatch limit is reached or projected to be reached;
    (iii) Reapportion unused Pacific whiting allocation to other sectors 
of the fishery;
    (iv) Reapportion unused bycatch limit species to other sectors of 
the Pacific whiting fishery.
    (v) Implement the Ocean Salmon Conservation Zone, described at Sec. 
660.131(c)(3), subpart D, when NMFS projects the Pacific whiting fishery 
may take in excess of 11,000 Chinook within a calendar year.
    (vi) Implement Pacific Whiting Bycatch Reduction Areas, described at 
Sec. 660.131(c)(4) Subpart D, when NMFS projects a sector-specific 
bycatch limit will be reached before the sector's whiting allocation.
    (2) [Reserved]
    (e) Prohibited species. Groundfish species or species groups under 
the PCGFMP for which quotas have been achieved and/or 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.
    (f) Exempted fishing permits (EFP). (1) The Regional Administrator 
may issue EFPs under regulations at Sec. 660.30, subpart C, for 
compensation with fish for collecting resource information. Such EFPs 
may include the collecting of scientific samples of groundfish species 
that would otherwise be prohibited for retention.
    (2) The Regional Administrator may also issue EFPs under regulations 
at 50 CFR part Sec. 600.745 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.
    (3) U.S. vessels operating under an EFP are subject to restrictions 
in Sec. Sec. 660.10 through 660.79, unless otherwise provided in the 
permit.
    (g) Applicability. Groundfish species harvested in the territorial 
sea (0-3

[[Page 55]]

nm) will be counted toward the catch limitations in Tables 1a through 2d 
of this subpart, and those specified in subparts D through G, including 
Tables 1 (North) and 1 (South) of subpart D, Tables 2 (North) and 2 
(South) of subpart E, Tables 3 (North) and 3 (South) of subpart F.
    (h) Fishery restrictions--(1) Commercial trip limits and 
recreational bag and boat limits. Commercial trip limits and 
recreational bag and boat limits defined in Tables 1a through 2d of this 
subpart, and those specified in subparts D through G of this part, 
including Tables 1 (North) and 1 (South) of subpart D, Tables 2 (North) 
and 2 (South) of subpart E, Tables 3 (North) and 3 (South) of subpart F 
must not be exceeded.
    (2) Landing. As stated at Sec. 660.11, subpart C (in the definition 
of ``Landing''), once the offloading of any species begins, all fish 
aboard the vessel are counted as part of the landing and must be 
reported as such. Transfer of fish at sea is prohibited under Sec. 
660.12, subpart C, unless a vessel is participating in the primary 
whiting fishery as part of the mothership or catcher/processor sectors, 
as described at Sec. 660.131(a), subpart D.
    (3) Fishing ahead. Unless the fishery is closed, a vessel that has 
landed its cumulative or daily limit may continue to fish on the limit 
for the next legal period, so long as no fish (including, but not 
limited to, groundfish with no trip limits, shrimp, prawns, or other 
nongroundfish species or shellfish) are landed (offloaded) until the 
next legal period. Fishing ahead is not allowed during or before a 
closed period.
    (4) Weights and percentages. All weights are round weights or round-
weight equivalents unless otherwise specified. Percentages are based on 
round weights, and, unless otherwise specified, apply only to legal fish 
on board.
    (5) Size limits, length measurement, and weight limits. (i) Size 
limits and length measurement. Unless otherwise specified, size limits 
in the commercial and recreational groundfish fisheries apply to the 
``total length,'' which is the longest measurement of the fish without 
mutilation of the fish or the use of force to extend the length of the 
fish. No fish with a size limit may be retained if it is in such 
condition that its length has been extended or cannot be determined by 
these methods. For conversions not listed here, contact the state where 
the fish will be landed. Washington state regulations require all fish 
with a size limit landed into Washington to be landed with the head on.
    (A) Whole fish. For a whole fish, total length is measured from the 
tip of the snout (mouth closed) to the tip of the tail in a natural, 
relaxed position.
    (B) ``Headed'' fish. For a fish with the head removed (``headed''), 
the length is measured from the origin of the first dorsal fin (where 
the front dorsal fin meets the dorsal surface of the body closest to the 
head) to the tip of the upper lobe of the tail; the dorsal fin and tail 
must be left intact.
    (C) Filets. A filet is the flesh from one side of a fish extending 
from the head to the tail, which has been removed from the body (head, 
tail, and backbone) in a single continuous piece. Filet lengths may be 
subject to size limits for some groundfish taken in the recreational 
fishery off California (see subpart G of this part). A filet is measured 
along the length of the longest part of the filet in a relaxed position; 
stretching or otherwise manipulating the filet to increase its length is 
not permitted.
    (ii) Weight limits and conversions. The weight limit conversion 
factor established by the state where the fish is or will be landed will 
be used to convert the processed weight to round weight for purposes of 
applying the trip limit. Weight conversions provided herein are those 
conversions currently in use by the States of Washington, Oregon and 
California and may be subject to change by those states. Fishery 
participants should contact fishery enforcement officials in the state 
where the fish will be landed to determine that state's official 
conversion factor. To determine the round weight, multiply the processed 
weight times the conversion factor.
    (iii) Sablefish. The following conversion applies to both the 
limited entry and open access fisheries when trip limits are in effect 
for those fisheries.

[[Page 56]]

For headed and gutted (eviscerated) sablefish the weight conversion 
factor is 1.6 (multiply the headed and gutted weight by 1.6 to determine 
the round weight).
    (iv) Lingcod. The following conversions apply in both limited entry 
and open access fisheries.
    (A) North of 42[deg] N. lat., for lingcod with the head removed, the 
minimum size limit is 18 inches (46 cm), which corresponds to 22 inches 
(56 cm) total length for whole fish.
    (B) South of 42[deg] N. lat., for lingcod with the head removed, the 
minimum size limit is 19.5 inches (49.5 cm), which corresponds to 24 
inches (61 cm) total length for whole fish.
    (C) The weight conversion factor for headed and gutted lingcod is 
1.5. The conversion factor for lingcod that has only been gutted with 
the head on is 1.1.
    (6) Sorting. Trawl fishery sorting requirements are specified at 
Sec. 660.130(d), subpart D. Limited entry fixed gear fishery sorting 
requirements are specified at Sec. 660.230(c), subpart E, and Open 
access fishery sorting requirements are specified at Sec. 660.330(c), 
subpart F.
    (7) Crossover provisions. NMFS uses different types of management 
areas for West Coast groundfish management. One type of management area 
is the north-south management area, a large ocean area with northern and 
southern boundary lines wherein trip limits, seasons, and conservation 
areas follow a single theme. Within each north-south management area, 
there may be one or more conservation areas, defined at Sec. 660.11 and 
Sec. Sec. 660.60 through 660.74, subpart C. The provisions within this 
paragraph apply to vessels operating in different north-south management 
areas. Crossover provisions also apply to vessels that fish in both the 
limited entry and open access fisheries, or that use open access non-
trawl gear while registered to limited entry fixed gear permits. Fishery 
specific crossover provisions can be found in subparts D through F of 
this part.
    (i) Operating in north-south management areas with different trip 
limits. Trip limits for a species or a species group may differ in 
different north-south management areas along the coast. The following 
crossover provisions apply to vessels operating in different 
geographical areas that have different cumulative or ``per trip'' trip 
limits for the same species or species group. Such crossover provisions 
do not apply to species that are subject only to daily trip limits, or 
to the trip limits for black rockfish off Washington, as described at 
Sec. 660.230(d), subpart E and Sec. 660.330(e), subpart F.
    (A) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies before 
fishing in an area where a more liberal trip limit (or no trip limit) 
applies, then that vessel is subject to the more restrictive trip limit 
for the entire period to which that trip limit applies, no matter where 
the fish are taken and retained, possessed, or landed.
    (B) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an area 
where a more restrictive trip limit applies, that vessel is subject to 
the more restrictive trip limit for the entire period to which that trip 
limit applies, no matter where the fish are taken and retained, 
possessed, or landed.
    (C) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the fishing 
year, NMFS may implement management measures for a species or species 
group that set different types of trip limits (for example, per trip 
limits versus cumulative trip limits) for different areas. If a vessel 
fishes for a species or species group that is managed with different 
types of trip limits in two different areas within the same cumulative 
limit period, then that vessel is subject to the most restrictive 
overall cumulative limit for that species, regardless of where fishing 
occurs.
    (D) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10[min] N. lat. 
management line, and are included

[[Page 57]]

as part of a minor rockfish complex on the other side of the line. A 
vessel that takes and retains fish from a minor rockfish complex 
(nearshore, shelf, or slope) on both sides of a management line during a 
single cumulative limit period is subject to the more restrictive 
cumulative limit for that minor rockfish complex during that period.
    (1) If a vessel takes and retains minor slope rockfish north of 
40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess or land splitnose rockfish up to its cumulative limit 
south of 40[deg]10[min] N. lat., even if splitnose rockfish were a part 
of the landings from minor slope rockfish taken and retained north of 
40[deg]10[min] N. lat.
    (2) If a vessel takes and retains minor slope rockfish south of 
40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess or land POP up to its cumulative limit north of 
40[deg]10[min] N. lat., even if POP were a part of the landings from 
minor slope rockfish taken and retained south of 40[deg]10[min] N. lat.
    (ii) Operating in both limited entry and open access fisheries. Open 
access trip limits apply to any fishing conducted with open access gear, 
even if the vessel has a valid limited entry permit with an endorsement 
for another type of gear. A vessel that operates in both the open access 
and limited entry fisheries is not entitled to two separate trip limits 
for the same species. If a vessel has a limited entry permit and uses 
open access gear, but the open access limit is smaller than the limited 
entry limit, the open access limit may not be exceeded and counts toward 
the limited entry limit. If a vessel has a limited entry permit and uses 
open access gear, but the open access limit is larger than the limited 
entry limit, the smaller limited entry limit applies, even if taken 
entirely with open access gear.



Sec. 660.65  Groundfish harvest specifications.

    Fishery specifications include ABCs, the designation of OYs (which 
may be represented by harvest guidelines (HGs) or quotas for species 
that need individual management,) and the allocation of fishery HGs 
between the trawl and nontrawl segments of the fishery, and the 
allocation of commercial HGs between the open access and limited entry 
segments of the fishery. These specifications include fish caught in 
state ocean waters (0-3 nm offshore) as well as fish caught in the EEZ 
(3-200 nm offshore). Harvest specifications are provided at Tables 1a 
through 2d of this subpart.

[[Page 58]]



Sec. Table 1a to Part 660, Subpart C--2009, Specifications of ABCs, OYs, 
          and HGs, by Management Area (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR01OC10.000


[[Page 59]]


[GRAPHIC] [TIFF OMITTED] TR01OC10.001


[[Page 60]]


[GRAPHIC] [TIFF OMITTED] TR01OC10.002


[[Page 61]]





Sec. Table 1b to Part 660, Subpart C--2009, Harvest Guidelines for Minor 
          Rockfish by Depth Sub-groups (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR01OC10.003

    \a\ ABCs apply only to the U.S. portion of the Vancouver area.
    \b\ Optimum Yields (OYs) and Harvest Guidelines (HGs) are specified 
as total catch values. A harvest guideline is a specified harvest target 
and not a quota. The use of this term may differ from the use of similar 
terms in state regulation.

[[Page 62]]

    \c\ Lingcod--A coastwide lingcod stock assessment was prepared in 
2005. The lingcod biomass was estimated to be at 64 percent of its 
unfished biomass coastwide in 2005. The ABC of 5,278 mt was calculated 
using an FMSY proxy of F45%. Because the stock is above B40%coastwide, 
the coastwide OY was set equal to the ABC. The tribal harvest guideline 
is 250 mt.
    \d\ ``Other species''--these species are neither common nor 
important to the commercial and recreational fisheries in the areas 
footnoted. Accordingly, these species are included in the harvest 
guidelines of ``other fish'', ``other rockfish'' or ``remaining 
rockfish''.
    \e\ Pacific Cod--The 3,200 mt ABC for the Vancouver-Columbia area is 
based on historical landings data. The 1,600 mt OY is the ABC reduced by 
50 percent as a precautionary adjustment. A tribal harvest guideline of 
400 mt is deducted from the OY resulting in a commercial OY of 1,200 mt.
    \f\ Pacific whiting--The most recent stock assessment was prepared 
in February 2009. The stock assessment base model estimated the Pacific 
whiting biomass to be at 32 percent (50th percentile estimate of 
depletion) of its unfished biomass in 2009. The U.S Canada coastwide ABC 
is 253,582 mt, the U.S. share of the ABC is 187,346 mt (73.88 percent of 
the coastwide ABC). The U.S.-Canada coastwide OY is 184,000 mt with a 
corresponding U.S. OY of 135,939 mt. The tribal set aside is 50,000 mt. 
The amount estimated to be taken as research catch and in non-groundfish 
fisheries is 4,000 mt. The commercial OY is 81,939 mt. Each sector 
receives a portion of the commercial OY, with the catcher/processors 
getting 34 percent (27,859 mt), motherships getting 24 percent (19,665 
mt), and the shore-based sector getting 42 percent (34,414 mt). The 
allocation for the fishery south of 42[deg]N. lat. is 1,721 mt.
    \g\ Sablefish--A coastwide sablefish stock assessment was prepared 
in 2007. The sablefish biomass was estimated to be at 38.3 percent of 
its unfished biomass in 2007. The coastwide ABC of 9,914 mt was based on 
the new stock assessment with a FMSY proxy of F45%. The 40-10 harvest 
policy was applied to the ABC then apportion between the northern and 
southern areas with 72 percent going to the area north of 36[deg] N. 
lat. and 28 percent going to the area south of 36[deg] N. lat. The OY 
for the area north of 36[deg] N. lat. is 7,052 mt. When establishing the 
OY for the area south of 36[deg] N. lat. a 50 percent reduction was made 
resulting in a Conception area OY of 1,371 mt. The coastwide OY of 8,423 
mt is the sum of the northern and southern area OYs. The tribal 
allocation for the area north of 36[deg] N. lat. is 705 mt (10 percent 
of the OY north of 36[deg] N. lat.), which is further reduced by 1.6 
percent (11 mt) to account for discard mortality. The tribal landed 
catch value is 694 mt.
    \h\ Cabezon south of 42[deg] N. lat. was assessed in 2005. The 
Cabezon stock was estimated to be at 40 percent of its unfished biomass 
north of 34[deg] 27[min]N. lat. and 28 percent of its unfished biomass 
south of 34[deg] 27[min]N. lat. in 2005. The ABC of 106 mt is based on 
the 2005 stock assessment with a harvest rate proxy of F45%. The OY of 
69 mt is consistent with the application of a 60-20 harvest rate policy 
specified in the California Nearshore Fishery Management Plan.
    \i\ Dover sole north of 34[deg] 27' N. lat. was assessed in 2005. 
The Dover sole biomass was estimated to be at 59.8 percent of its 
unfished biomass in 2005 and was projected to be increasing. The ABC of 
29,453 mt is based on the results of the 2005 assessment with an FMSY 
proxy of F40%. Because the stock is above B40%coastwide, the OY could be 
set equal to the ABC. The OY of 16,500 mt is less than the ABC. The OY 
is set at the MSY harvest level which is considerably larger than the 
coastwide catches in any recent years.
    \j\ A coastwide English sole stock assessment was prepared in 2005 
and updated in 2007. The stock was estimated to be at 116 percent of its 
unfished biomass in 2007. The stock biomass is believed to be declining. 
The ABC of 14,326 mt is based on the results of the 2007 assessment 
update with an FMSY proxy of F40%. Because the stock is above B40%, the 
OY was set equal to the ABC.
    \k\ A petrale sole stock assessment was prepared for 2005. In 2005 
the petrale sole stock was estimated to be at 32 percent of its unfished 
biomass coastwide (34 percent in the northern assessment area and 29 
percent of in the southern assessment area). The ABC of 2,811 mt is 
based on the 2005 stock assessment with a F40%FMSYproxy. To derive the 
OY, the 40-10 harvest policy was applied to the ABC for both the 
northern and southern assessment areas. As a precautionary measure, an 
additional 25 percent reduction was made in the OY contribution for the 
southern area due assessment uncertainty. The coastwide OY is 2,433 mt 
in 2009.
    \l\ Arrowtooth flounder was assessed in 2007 and was estimated to be 
at 79 percent of its unfished biomass in 2007. Because the stock is 
above B40%, the OY is set equal to the ABC.
    \m\ Starry Flounder was assessed for the first time in 2005 and was 
estimated to be above 40 percent of its unfished biomass in 2005. 
However, the stock was projected to decline below 40 percent in both the 
northern and southern areas after 2008. The starry flounder assessment 
was considered to be a data-poor assessment relative to other groundfish 
assessments. For 2009, the coastwide ABC of 1,509 mt is based on the 
2005 assessment with a FMSY proxy of F40%. To derive the OY (1,004 mt), 
the 40-10 harvest policy was applied to the ABC for both the northern 
and southern assessment areas then

[[Page 63]]

an additional 25 percent reduction was made due to assessment 
uncertainty.
    \n\ ``Other flatfish'' are those flatfish species that do not have 
individual ABC/OYs and include butter sole, curlfin sole, flathead sole, 
Pacific sand dab, rex sole, rock sole, and sand sole. The other flatfish 
ABC is based on historical catch levels. The ABC of 6,731 mt is based on 
the highest landings for sanddabs (1995) and rex sole (1982) for the 
1981-2003 period and on the average landings from the 1994-1998 period 
for the remaining other flatfish species. The OY of 4,884 mt is based on 
the ABC with a 25 percent precautionary adjustment for sanddabs and rex 
sole and a 50 percent precautionary adjustment for the remaining 
species.
    \o\ A POP stock assessment was prepared in 2005 and was updated in 
2007. The stock assessment update estimated the stock to be at 27.5 
percent of its unfished biomass in 2007. The ABC of 1,160 mt for the 
Vancouver and Columbia areas is based on the 2007 stock assessment 
update with an FMSY proxy of F50%. The OY of 189 mt is based on a 
rebuilding plan with a target year to rebuild of 2017 and an SPR harvest 
rate of 86.4 percent. The OY is reduced by 2.0 mt for the amount 
anticipated to be taken during research activity and 0.14 mt for the 
amount expected to be taken during EFP fishing.
    \p\ Shortbelly rockfish remains an unexploited stock and is 
difficult to assess quantitatively. To understand the potential 
environmental determinants of fluctuations in the recruitment and 
abundance of an unexploited rockfish population in the California 
Current ecosystem, a non-quantitative assessment was conducted in 2007. 
The results of the assessment indicated the shortbelly stock was healthy 
with an estimated spawning stock biomass at 67 percent of its unfished 
biomass in 2005. The ABC and OY are being set at 6,950 mt which is 50 
percent of the 2008 ABC and OY values. The stock is expected to remain 
at its current equilibrium with these harvest specifications.
    \q\ Widow rockfish was assessed in 2005 and an update was prepared 
in 2007. The stock assessment update estimated the stock to be at 36.2 
percent of its unfished biomass in 2006. The ABC of 7,728 mt is based on 
the stock assessment update with an F50%FMSYproxy. The OY of 522 mt is 
based on a rebuilding plan with a target year to rebuild of 2015 and an 
SPR harvest rate of 95 percent. To derive the commercial harvest 
guideline of 460.4 mt the OY is reduced by 1.1 mt for the amount 
anticipated to be taken during research activity, 45.5 mt for the tribal 
set-aside, 7.2 mt the amount estimated to be taken in the recreational 
fisheries, 0.4 mt for the amount expected to be taken incidentally in 
non-groundfish fisheries, and 7.4 mt for the amount projected to be 
taken during EFP fishing. The following are the sector specific bycatch 
limits established for the Pacific whiting fishery: 85.0 mt for catcher/
processors, 60.0 mt for motherships, and 105.0 mt for shore-based.
    \r\ Canary rockfish--A canary rockfish stock assessment was 
completed in 2007 and the stock was estimated to be at 32.7 percent of 
its unfished biomass coastwide in 2007. The coastwide ABC of 937 mt 
based on the 2007 rebuilding plan. The OY of 105 mt is based on a 
rebuilding plan with a target year to rebuild of 2021 and a SPR harvest 
rate of 88.7 percent. To derive the commercial harvest guideline of 42.3 
mt, the OY is reduced by 8.0 mt for the amount anticipated to be taken 
during research activity, 7.3 mt the tribal set-aside, 43.8 mt the 
amount estimated to be taken in the recreational fisheries, 0.9 mt for 
the amount expected to be taken incidentally in non-groundfish 
fisheries, and 2.7 mt for the amount expected to be taken during EFP 
fishing. The following harvest guidelines are being specified for catch 
sharing in 2009: 19.7 mt for limited entry Non-Whiting Trawl, 18.0 mt 
for limited entry Whiting Trawl, 2.2 mt for limited entry fixed gear, 
2.5 mt for directed open access, 4.9 mt for Washington recreational, 
16.0 mt for Oregon recreational, and 22.9 mt for California 
recreational.
    \s\ Chilipepper rockfish was assessed in 2007 and the stock was 
estimated to be at 71 percent of its unfished biomass coastwide in 2007. 
The ABC of 3,037 mt is based on a FMSY proxy of F50%. Because the 
unfished biomass is estimated to be above 40 percent the unfished 
biomass, the default OY could be set equal to the ABC. However, the OY 
of 2,885 mt was the ABC reduced by 5 percent as a precautionary measure 
for uncertainty in the stock assessment. Open access is allocated 44.3 
percent (1,278 mt) of the commercial HG and limited entry is allocated 
55.7 percent (1,607 mt) of the commercial HG.
    \t\ A bocaccio stock assessment and a rebuilding analysis were 
prepared in 2007. The bocaccio stock was estimated to be at 13.8 percent 
of its unfished biomass in 2007. The ABC of 793 mt for the Monterey-
Conception area is based on the new assessment with an FMSY proxy of 
F50%. The OY of 288 mt is based on a rebuilding plan with a target year 
to rebuild of 2026 and a SPR harvest rate of 77.7 percent. To derive the 
commercial harvest guideline of 206.4 mt, the OY is reduced by 2.0 mt 
for the amount anticipated to be taken during research activity, 67.3 mt 
for the amount estimated to be taken in the recreational fisheries, 1.3 
mt for the amount expected to be taken incidentally in non-groundfish 
fisheries, and 11.0 mt for the amount expected to be taken during EFP 
fishing.
    \u\ Splitnose rockfish--The ABC is 615 mt in the Monterey-Conception 
area. The 461 mt OY for the area reflects a 25 percent precautionary 
adjustment because of the less

[[Page 64]]

rigorous stock assessment for this stock. In the north (Vancouver, 
Columbia and Eureka areas), splitnose is included within the minor slope 
rockfish OY. Because the harvest assumptions used to forecast future 
harvest were likely overestimates, carrying the previously used ABCs and 
OYs forward into 2009 was considered to be conservative and based on the 
best available data.
    \v\ Yellowtail rockfish--A yellowtail rockfish stock assessment was 
prepared in 2005 for the Vancouver, Columbia, Eureka areas. Yellowtail 
rockfish was estimated to be above 40 percent of its unfished biomass in 
2005. The ABC of 4,562 mt is based on the 2005 stock assessment with the 
FMSY proxy of F50%. The OY of 4,562 mt was set equal to the ABC, because 
the stock is above the precautionary threshold of B40%.
    \w\ Shortspine thornyhead was assessed in 2005 and the stock was 
estimated to be at 63 percent of its unfished biomass in 2005. The ABC 
of 2,437 mt is based on a F50%FMSYproxy. For that portion of the stock 
(66 percent of the biomass) north of Point Conception (34[deg]27[min]N. 
lat.), the OY of 1,608 mt was set at equal to the ABC because the stock 
is estimated to be above the precautionary threshold. For that portion 
of the stock south of 34[deg]27[min]N. lat. (34 percent of the biomass), 
the OY of 414 mt was the portion of the ABC for the area reduced by 50 
percent as a precautionary adjustment due to the short duration and 
amount of survey data for that area.
    \x\ Longspine thornyhead was assessed coastwide in 2005 and the 
stock was estimated to be at 71 percent of its unfished biomass in 2005. 
The coastwide ABC of 3,766 mt is based on a F50%FMSYproxy. The OY is set 
equal to the ABC because the stock is above the precautionary threshold. 
Separate OYs are being established for the areas north and south of 
34[deg]27[min]N. lat. (Point Conception). The OY of 2,231 mt for that 
portion of the stock in the northern area (79 percent) the ABC reduced 
by 25 percent as a precautionary adjustment. For that portion of the 
stock in the south of 34[deg]27[min]N. lat. (21 percent), the OY of 395 
mt was the portion of the ABC for the area reduced by 50 percent as a 
precautionary adjustment due to the short duration and amount of survey 
data for that area.
    \y\ Cowcod in the Conception area was assessed in 2007 and the stock 
was estimated to be between 3.4 to 16.3 percent of its unfished biomass. 
The ABC for the area south of 36[deg]N. lat., the Conception and 
Monterey areas, is 13 mt and is based on the 2007 rebuilding analysis in 
which the Conception area stock assessment projection was doubled to 
account for both areas. A single OY of 4 mt is being set for both areas. 
The OY of 4 mt is based on a rebuilding plan with a target year to 
rebuild of 2072 and an SPR rate of 82.1 percent. The amount anticipated 
to be taken during research activity is 0.2 mt and the amount expected 
to be taken during EFP activity is 0.24 mt.
    \z\ Darkblotched rockfish was assessed in 2007 and a rebuilding 
analysis was prepared. The new stock assessment estimated the stock to 
be at 22.4 percent of its unfished biomass in 2007. The ABC is projected 
to be 437 mt and is based on the 2007 stock assessment with an FMSYproxy 
of F50%. The OY of 285 mt is based on a rebuilding plan with a target 
year to rebuild of 2028 and an SPR harvest rate of 62.1 percent. The 
commercial OY of 282.05 mt is the OY reduced by 2.0 mt for the amount 
anticipated to be taken during research activity and 0.95 mt for the 
amount projected to be taken during EFP activity.
    \aa\ Yelloweye rockfish was fully assessed in 2006 and an assessment 
update was completed in 2007. The 2007 stock assessment update estimated 
the spawning stock biomass in 2006 to be at 14 percent of its unfished 
biomass coastwide. The 31 mt coastwide ABC was derived from the base 
model in the new stock assessment with an FMSY proxy of F50%. The 17 mt 
OY is based on a rebuilding plan with a target year to rebuild of 2084 
and an SPR harvest rate of 66.3 percent in 2009 and 2010 and an SPR 
harvest rate of 71.9 percent for 2011 and beyond. The OY is reduced by 
2.8 mt for the amount anticipated to be taken during research activity, 
2.3 mt the amount estimated to be taken in the tribal fisheries and 0.3 
mt for the amount expected to be taken incidentally in non-groundfish 
fisheries. The catch sharing harvest guidelines for yelloweye rockfish 
in 2009 are: limited entry non-whiting trawl 0.6 mt, limited entry 
whiting 0.0 mt, limited entry fixed gear 1.4 mt, directed open access 
1.1 mt, Washington recreational 2.7 mt, Oregon recreational 2.4 mt, 
California recreational 2.8 mt, and 0.3 mt for exempted fishing.
    \bb\ California Scorpionfish south of 34[deg]27[min]N. lat. was 
assessed in 2005 and was estimated to be above 40 percent of its 
unfished biomass in 2005. The ABC of 175 mt is based on the new 
assessment with a harvest rate proxy of F50%. Because the stock is above 
B40%coastwide, the OY is set equal to the ABC.
    \cc\ New assessments were prepared for black rockfish south of 
45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish north 
of Cape Falcon. The ABC for the area north of 46[deg]16[min]N. lat. 
(Washington) is 490 mt (97 percent) of the 505 mt ABC contribution from 
the northern assessment area. The ABC for the area south of 
46[deg]16[min]N. lat. (Oregon and California) is 1,469 mt which is the 
sum of a contribution of 15 mt (3 percent) from the northern area 
assessment, and 1,454 mt from the southern area assessment. The ABCs 
were based on the results of the new assessment and derived using an 
FMSYproxy of F50%. Because both portions of the stock are above 40 
percent, the OYs could be set equal

[[Page 65]]

to the ABCs. For the area north of 46[deg]16[min]N. lat., the OY of 490 
mt is set equal to the ABC. The following tribal harvest guidelines are 
being set: 20,000 lb (9.1 mt) north of Cape Alava, WA 
(48[deg]09.50[min]N. lat.) and 10,000 lb (4.5 mt) between Destruction 
Island, WA (47[deg]40[min]N. lat.) and Leadbetter Point, WA 
(46[deg]38.17[min]N. lat.) The OY for the area south of 46[deg]16[min]N. 
lat. is being set at 1,000 mt which is a constant harvest level. The 
black rockfish OY in the area south of 46[deg]16[min]N. lat., is 
subdivided with separate HGs being set for the area north of 42[deg] N. 
lat. (580 mt/58 percent) and for the area south of 42[deg] N. lat. (420 
mt/42 percent).
    dd Minor rockfish north includes the ``remaining 
rockfish'' and ``other rockfish'' categories in the Vancouver, Columbia, 
and Eureka areas combined. These species include ``remaining rockfish'', 
which generally includes species that have been assessed by less 
rigorous methods than stock assessments, and ``other rockfish'', which 
includes species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to the 
remaining rockfish. The ABC of 3,678 mt is the sum of the individual 
``remaining rockfish'' ABCs plus the ``other rockfish'' ABCs. The 
remaining rockfish ABCs continue to be reduced by 25 percent (F = 0.75M) 
as a precautionary adjustment. To obtain the total catch OY of 2,283 mt, 
the remaining rockfish ABCs were further reduced by 25 percent and other 
rockfish ABCs were reduced by 50 percent. This was a precautionary 
measure to address limited stock assessment information.
    ee Minor rockfish south includes the ``remaining 
rockfish'' and ``other rockfish'' categories in the Monterey and 
Conception areas combined. These species include ``remaining rockfish'' 
which generally includes species that have been assessed by less 
rigorous methods than stock assessment, and ``other rockfish'' which 
includes species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to the 
remaining rockfish. The ABC of 3,384 mt is the sum of the individual 
``remaining rockfish'' ABCs plus the ``other rockfish'' ABCs. The 
remaining rockfish ABCs continue to be reduced by 25 percent (F = 0.75M) 
as a precautionary adjustment. The remaining rockfish ABCs are further 
reduced by 25 percent, with the exception of blackgill rockfish (see 
footnote gg). The other rockfish ABCs were reduced by 50 percent. This 
was a precautionary measure due to limited stock assessment information. 
The resulting minor rockfish OY is 1,990 mt.
    ff Bank rockfish--The ABC is 350 mt which is based on a 
2000 stock assessment for the Monterey and Conception areas. This stock 
contributes 263 mt towards the minor rockfish OY in the south.
    gg Blackgill rockfish in the Monterey and Conception 
areas was assessed in 2005 and is estimated to be at 49.9 percent of its 
unfished biomass in 2008. The ABC of 292 mt for the Monterey and 
Conception areas is based on the 2005 stock assessment with an FMSY 
proxy of F50%and is the two year average ABC for the 2007 and 2008 
periods. This stock contributes 292 mt towards minor rockfish south.
    hh ``Other rockfish'' includes rockfish species listed in 
50 CFR 660.302. A new stock assessment was conducted for blue rockfish 
in 2007. As a result of the new stock assessment, the blue rockfish 
contribution to the other rockfish group, of 30 mt in the north and 232 
mt in the south, are removed. A new contribution of 28 mt contribution 
in the north and 202 mt contribution in the south is added to the 
remaining rockfish. The ABC for the remaining species is based on 
historical data from a 1996 review landings and includes an estimate of 
recreational landings. Most of these species have never been assessed 
quantitatively.
    ii Longnose skate was fully assessed in 2006 and an 
assessment update was completed in 2007. The ABC of 3,428 is based on 
the 2007 with an FMSYproxy of F45%. Longnose skate was previously 
managed as part of the Other Fish complex. The 2009 OY of 1,349 mt is a 
precautionary OY based on historical total catch increased by 50 
percent.
    jj ``Other fish'' includes sharks, skates, rays, ratfish, 
morids, grenadiers, kelp greenling, and other groundfish species noted 
above in footnote d/. The longnose skate contribution is being removed 
from this complex.
    kk Sablefish allocation north of 36[deg] N. lat.--The 
limited entry allocation is further divided with 58 percent allocated to 
the trawl fishery and 42 percent allocated to the fixed-gear fishery.
    ll Specific open access/limited entry allocations 
specified in the FMP have been suspended during the rebuilding period as 
necessary to meet the overall rebuilding target while allowing harvest 
of healthy stocks.

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  Sec. Table 1d to Part 660, Subpart C-- At-Sea Whiting Fishery Annual 
                       Set-Asides, 2011 and 2012.
[GRAPHIC] [TIFF OMITTED] TR01OC10.004


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[GRAPHIC] [TIFF OMITTED] TR01OC10.005


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Sec. Table 2a to Part 660, Subpart C--2010, Specifications of ABCs, OYs, 
          and HGs, by Management Area (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR01OC10.006


[[Page 69]]


[GRAPHIC] [TIFF OMITTED] TR01OC10.007


[[Page 70]]


[GRAPHIC] [TIFF OMITTED] TR01OC10.008


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    Sec. Table 2b to Part 660, Subpart C--2010, and Beyond, Harvest 
  Guidelines for Minor Rockfish by Depth Sub-groups (weights in metric 
                                  tons)
[GRAPHIC] [TIFF OMITTED] TR01OC10.009

    \a\ ABCs apply only to the U.S. portion of the Vancouver area.
    \b\ Optimum Yields (OYs) and Harvest Guidelines (HGs) are specified 
as total catch values. A harvest guideline is a specified harvest target 
and not a quota. The use of this term may differ from the use of similar 
terms in state regulation.

[[Page 72]]

    \c\ Lingcod--A coastwide lingcod stock assessment was prepared in 
2005. The lingcod biomass was estimated to be at 64 percent of its 
unfished biomass coastwide in 2005. The ABC of 4,829 mt was calculated 
using an FMSY proxy of F45%. Because the stock is above B40%coastwide, 
the coastwide OY was set equal to the ABC. The tribal harvest guideline 
is 250 mt.
    \d\ ``Other species''--these species are neither common nor 
important to the commercial and recreational fisheries in the areas 
footnoted. Accordingly, these species are included in the harvest 
guidelines of ``other fish'', ``other rockfish'' or ``remaining 
rockfish''.
    \e\ Pacific Cod--The 3,200 mt ABC for the Vancouver-Columbia area is 
based on historical landings data. The 1,600 mt OY is the ABC reduced by 
50 percent as a precautionary adjustment. A tribal harvest guideline of 
400 mt is deducted from the OY resulting in a commercial OY of 1,200 mt.
    \f\ Pacific whiting--The most recent stock assessment was prepared 
in January 2010. The stock assessment base model estimated the Pacific 
whiting biomass to be at 31 percent (50th percentile estimate of 
depletion) of its unfished biomass in 2010. The U.S.-Canada coastwide 
ABC is 455,550 mt, the U.S. share of the ABC is 336,560 mt (73.88 
percent of the coastwide ABC). The U.S.-Canada coastwide Pacific whiting 
OY is 262,500 mt, with a corresponding U.S. OY of 193,935 mt. The tribal 
allocation is 49,939 mt. The amount estimated to be taken as research 
catch and in non-groundfish fisheries is 3,000 mt. The commercial OY is 
140,996 mt. Each sector receives a portion of the commercial OY, with 
the catcher/processors getting 34 percent (47,939 mt), motherships 
getting 24 percent (33,839 mt), and the shore-based sector getting 42 
percent (59,218 mt). No more than 2,961 mt (5 percent of the shore-based 
allocation) may be taken in the fishery south of 42[deg] N. lat. prior 
to the start of the primary season for the shorebased fishery north of 
42[deg] N. lat.
    \g\ Sablefish--A coastwide sablefish stock assessment was prepared 
in 2007. The coastwide sablefish biomass was estimated to be at 38.3 
percent of its unfished biomass in 2007. The coastwide ABC of 9,217 mt 
was based on the new stock assessment with a FMSY proxy of F45%. The 40-
10 harvest policy was applied to the ABC then apportion between the 
northern and southern areas with 72 percent going to the area north of 
36[deg] N. lat. and 28 percent going to the area south of 36[deg] N. 
lat. The OY for the area north of 36[deg] N. lat. is 6,471 mt. When 
establishing the OY for the area south of 36[deg] N. lat. a 50 percent 
reduction was made resulting in a Conception area OY of 1,258 mt. The 
Coastwide OY of 7,729 mt is the sum of the northern and southern area 
OYs. The tribal allocation for the area north of 36[deg] N. lat. is 647 
mt (10 percent of the OY north of 36[deg] N. lat.), which is further 
reduced by 1.6 percent (10 mt) to account for discard mortality. The 
tribal landed catch value is 637 mt.
    \h\ Cabezon south of 42[deg] N. lat. was assessed in 2005. The 
Cabezon stock was estimated to be at 40 percent of its unfished biomass 
north of 34[deg] 27 'N. lat. and 28 percent of its unfished biomass 
south of 34[deg] 27 'N. lat. in 2005. The ABC of 111 mt is based on the 
2005 stock assessment with a harvest rate proxy of F45%. The OY of 79 mt 
is consistent with the application of a 60-20 harvest rate policy 
specified in the California Nearshore Fishery Management Plan.
    \i\ Dover sole north of 34[deg] 27' N. lat. was assessed in 2005. 
The Dover sole biomass was estimated to be at 59.8 percent of its 
unfished biomass in 2005 and was projected to be increasing. The ABC of 
28,582 mt is based on the results of the 2005 assessment with an FMSY 
proxy of F40%. Because the stock is above B40%coastwide, the OY could be 
set equal to the ABC. The OY of 16,500 mt is less than the ABC. The OY 
is set at the MSY harvest level which is considerably larger than the 
coastwide catches in any recent years.
    \j\ A coastwide English sole stock assessment was prepared in 2005 
and updated in 2007. The stock was estimated to be at 116 percent of its 
unfished biomass in 2007. The stock biomass is believed to be declining. 
The ABC of 9,745 mt is based on the results of the 2007 assessment 
update with an FMSY proxy of F40%. Because the stock is above B40%, the 
OY was set equal to the ABC.
    \k\ A petrale sole stock assessment was prepared for 2005. In 2005 
the petrale sole stock was estimated to be at 32 percent of its unfished 
biomass coastwide (34 percent in the northern assessment area and 29 
percent in the southern assessment area). The 2010 ABC of 2,751 mt is 
based on the 2005 assessment with a F40% FMSY proxy. To derive the 2010 
OY, the 40 10 harvest policy was applied to the ABC for both the 
northern and southern assessment areas. As a precautionary measure, an 
additional 25 percent reduction was made in the OY contribution for the 
southern area due to assessment uncertainty. As another precautionary 
measure, an additional 1,193 mt reduction was made in the coastwide OY 
due to preliminary results of the more pessimistic 2009 stock 
assessment. The coastwide OY is 1,200 mt in 2010.
    \l\ Arrowtooth flounder was assessed in 2007 and was estimated to be 
at 79 percent of its unfished biomass in 2007. Because the stock is 
above B40%, the OY is set equal to the ABC.
    \m\ Starry Flounder was assessed for the first time in 2005 and was 
estimated to be above 40 percent of its unfished biomass in 2005. 
However, the stock was projected to decline below 40 percent in both the 
northern and southern areas after 2008. For 2010, the

[[Page 73]]

coastwide ABC of 1,578 mt is based on the 2005 assessment with a FMSY 
proxy of F40%. To derive the OY of 1,077 mt, the 40-10 harvest policy 
was applied to the ABC for both the northern and southern assessment 
areas then an additional 25 percent reduction was made due to assessment 
uncertainty.
    \n\ ``Other flatfish'' are those flatfish species that do not have 
individual ABC/OYs and include butter sole, curlfin sole, flathead sole, 
Pacific sanddab, rex sole, rock sole, and sand sole. The other flatfish 
ABC is based on historical catch levels. The ABC of 6,731 mt is based on 
the highest landings for sanddabs (1995) and rex sole (1982) for the 
1981-2003 period and on the average landings from the 1994-1998 period 
for the remaining other flatfish species. The OY of 4,884 mt is based on 
the ABC with a 25 percent precautionary adjustment for sanddabs and rex 
sole and a 50 percent precautionary adjustment for the remaining 
species.
    \o\ A POP stock assessment was prepared in 2005 and was updated in 
2007. The stock assessment update estimated the stock to be at 27.5 
percent of its unfished biomass in 2007. The ABC of 1,173 mt for the 
Vancouver and Columbia areas is based on the 2007 stock assessment 
update with an FMSY proxy of F50%. The OY of 200 mt is based on a 
rebuilding plan with a target year to rebuild of 2017 and an SPR harvest 
rate of 86.4 percent. The OY is reduced by 2.0 mt for the amount 
anticipated to be taken during research activity and 0.14 mt for the 
amount expected to be taken during EFP fishing.
    \p\ Shortbelly rockfish remains an unexploited stock and is 
difficult to assess quantitatively. To understand the potential 
environmental determinants of fluctuations in the recruitment and 
abundance of an unexploited rockfish population in the California 
Current ecosystem, a non-quantitative assessment was conducted in 2007. 
The results of the assessment indicated the shortbelly stock was healthy 
with an estimated spawning stock biomass at 67 percent of its unfished 
biomass in 2005. The ABC and OY are being set at 6,950 mt which is 50 
percent of the 2008 ABC and OY values. The stock is expected to remain 
at its current equilibrium with these harvest specifications.
    \q\ Widow rockfish was assessed in 2005, and an update was prepared 
in 2007. The stock assessment update estimated the stock to be at 36.2 
percent of its unfished biomass in 2006. The ABC of 6,937 mt is based on 
the stock assessment update with an F50% FMSY proxy. The OY of 509 mt is 
based on a rebuilding plan with a target year to rebuild of 2015 and an 
SPR harvest rate or 95 percent. To derive the commercial harvest 
guideline of 447.4 mt, the OY is reduced by 1.1 mt for the amount 
anticipated to be taken during research activity, 45.5 mt for the tribal 
set-aside, 7.2 mt the amount estimated to be taken in the recreational 
fisheries, 0.4 mt for the amount expected to be taken incidentally in 
non-groundfish fisheries, and 7.4 mt for EFP fishing activities.
    \r\ Canary rockfish--A canary rockfish stock assessment was 
completed in 2007 and the stock was estimated to be at 32.7 percent of 
its unfished biomass coastwide in 2007. The coastwide ABC of 940 mt is 
based on a FMSY proxy of F50%. The OY of 105 mt is based on a rebuilding 
plan with a target year to rebuild of 2021 and a SPR harvest rate of 
88.7 percent. To derive the commercial harvest guideline of 42.3 mt, the 
OY is reduced by 8.0 mt for the amount anticipated to be taken during 
research activity, 7.3 mt the tribal set-aside, 43.8 mt the amount 
estimated to be taken in the recreational fisheries, 0.9 mt for the 
amount expected to be taken incidentally in non-groundfish fisheries, 
and 2.7 mt for the amount expected to be taken during EFP fishing. The 
following harvest guidelines are being specified for catch sharing in 
2009: 19.7 mt for limited entry Non-Whiting Trawl, 18.0 mt for limited 
entry Whiting Trawl, 2.2 mt for limited entry fixed gear, 2.5 mt for 
directed open access, 4.9 mt for Washington recreational, 16.0 mt for 
Oregon recreational, and 22.9 mt for California recreational.
    \s\ Chilipepper rockfish was assessed in 2007 and the stock was 
estimated to be at 71 percent of its unfished biomass coastwide in 2007. 
The ABC of 2,576 mt is based on the new assessment with an FMSY proxy of 
F50%. Because the unfished biomass is estimated to be above 40 percent 
of the unfished biomass, the default OY could be set equal to the ABC. 
However, the OY of 2,447 mt was the ABC reduced by 5 percent as a 
precautionary measure. Open access is allocated 44.3 percent (1,084 mt) 
of the commercial HG and limited entry is allocated 55.7 percent (1,363 
mt) of the commercial HG.
    \t\ A bocaccio stock assessment and a rebuilding analysis were 
prepared in 2007. The bocaccio stock was estimated to be at 13.8 percent 
of its unfished biomass in 2007. The ABC of 793 mt for the Monterey-
Conception area is based on the new stock assessment with an FMSY proxy 
of F50%. The OY of 288 is based on a rebuilding plan with a target year 
to rebuild of 2026 and a SPR harvest rate of 77.7 percent. To derive the 
commercial harvest guideline of 206.4 mt, the OY is reduced by 2.0 mt 
for the amount anticipated to be taken during research activity, 67.3 mt 
for the amount estimated to be taken in the recreational fisheries, 1.3 
mt for the amount expected to be taken incidentally in non-groundfish 
fisheries, and 11.0 mt for the amount expected to be taken during EFP 
fishing.
    \u\ Splitnose rockfish--The ABC is 615 mt in the Monterey-Conception 
area. The 461 mt OY for the area reflects a 25 percent precautionary 
adjustment because of the less

[[Page 74]]

rigorous stock assessment for this stock. In the north (Vancouver, 
Columbia and Eureka areas), splitnose is included within the minor slope 
rockfish OY. Because the harvest assumptions used to forecast future 
harvest were likely overestimates, carrying the previously used ABCs and 
OYs forward into 2010 was considered to be conservative and based on the 
best available data.
    \v\ Yellowtail rockfish--A yellowtail rockfish stock assessment was 
prepared in 2005 for the Vancouver, Columbia, Eureka areas. Yellowtail 
rockfish was estimated to be above 40 percent of its unfished biomass in 
2005. The ABC of 4,562 mt is based on the 2005 stock assessment with the 
FMSY proxy of F50%. The OY of 4,562 mt was set equal to the ABC, because 
the stock is above the precautionary threshold of B40%.
    \w\ Shortspine thornyhead was assessed in 2005 and the stock was 
estimated to be at 63 percent of its unfished biomass in 2005. The ABC 
of 2,411 mt is based on a F50%FMSYproxy. For that portion of the stock 
(66 percent of the biomass) north of Point Conception (34[deg]27' N. 
lat.), the OY of 1,591 mt was set at equal to the ABC because the stock 
is estimated to be above the precautionary threshold. For that portion 
of the stock south of 34[deg]27' N. lat. (34 percent of the biomass), 
the OY of 410 mt was the portion of the ABC for the area reduced by 50 
percent as a precautionary adjustment due to the short duration and 
amount of survey data for that area.
    \x\ Longspine thornyhead was assessed coastwide in 2005 and the 
stock was estimated to be at 71 percent of its unfished biomass in 2005. 
The coastwide ABC of 3,671 mt is based on a F50%FMSYproxy. The OY is set 
equal to the ABC because the stock is above the precautionary threshold. 
Separate OYs are being established for the areas north and south of 
34[deg]27' N. lat. (Point Conception). The OY of 2,175 mt for that 
portion of the stock in the northern area (79 percent) was the ABC 
reduced by 25 percent as a precautionary adjustment. For that portion of 
the stock in the southern area (21 percent), the OY of 385 mt was the 
portion of the ABC for the area reduced by 50 percent as a precautionary 
adjustment due to the short duration and amount of survey data for that 
area.
    \y\ Cowcod in the Conception area was assessed in 2007 and the stock 
was estimated to be between 3.4 to 16.3 percent of its unfished biomass. 
The ABC for the Monterey and Conception areas is 14 mt and is based on 
the 2007 rebuilding analysis in which the Conception area stock 
assessment projection was doubled to account for both areas. A single OY 
of 4 mt is being set for both areas. The OY of 4 mt is based on the need 
to conform the 2010 cowcod harvest specifications to the Court's Order 
in Natural Resources Defense Council v. Locke, Civil Action No. C 01-
0421 JL. The amount anticipated to be taken during scientific research 
activity is 0.2 mt and the amount expected to be taken during EFP 
activity is 0.24 mt.
    \z\ Darkblotched rockfish was assessed in 2007 and a rebuilding 
analysis was prepared. The new stock assessment estimated the stock to 
be at 22.4 percent of its unfished biomass in 2007. The ABC is projected 
to be 440 mt and is based on the 2007 stock assessment with an FMSY 
proxy of F50%. The OY of 330 mt is based on the need to conform the 2010 
darkblotched rockfish harvest specifications to the Court's Order in 
Natural Resources Defense Council v. Locke, Civil Action No. C 01-0421 
JL. The amount anticipated to be taken during scientific research 
activity is 2.0 mt and the amount anticipated to be taken during EFP 
activity is 0.95 mt.
    \aa\ Yelloweye rockfish was fully assessed in 2006 and an assessment 
update was completed in 2007. The 2007 stock assessment update estimated 
the spawning stock biomass in 2006 to be at 14 percent of its unfished 
biomass coastwide. The 32 mt coastwide ABC was derived from the base 
model in the new stock assessment with an FMSY proxy of F50%. The 14 mt 
OY is based on the need to conform the 2010 yelloweye rockfish harvest 
specifications to the Court's Order in Natural Resources Defense Council 
v. Locke, Civil Action No. C 01-0421 JL. The amount anticipated to be 
taken during scientific research activity is 1.3 mt, the amount 
anticipated to be taken in the tribal fisheries is 2.3 mt, and the 
amount anticipated to be taken incidentally in non-groundfish fisheries 
is 0.3 mt. The catch sharing harvest guidelines for yelloweye rockfish 
in 2010 are: Limited entry non-whiting trawl 0.3 mt, limited entry 
whiting 0.0 mt, limited entry fixed gear 0.8 mt, directed open access 
1.2 mt, Washington recreational 2.6 mt, Oregon recreational 2.3 mt, 
California recreational 2.7 mt, and 0.2 mt for exempted fishing.
    \bb\ California Scorpionfish south of 34[deg]27'N. lat. (point 
Conception) was assessed in 2005 and was estimated to be above 40 
percent of its unfished biomass in 2005. The ABC of 155 mt is based on 
the new assessment with a harvest rate proxy of F50%. Because the stock 
is above B40% coastwide, the OY is set equal to the ABC.
    \cc\ New assessments were prepared for black rockfish south of 
45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish north 
of Cape Falcon. The ABC for the area north of 46[deg]16'N. lat. 
(Washington) is 464 mt (97 percent) of the 478 mt ABC contribution from 
the northern assessment area. The ABC for the area south of 46[deg]16'N. 
lat. (Oregon and California) is 1,317 mt which is the sum of a 
contribution of 14 mt (3 percent) from the northern area assessment, and 
1,303 mt from the southern area assessment. The ABCs were derived using 
an FMSY proxy of F50%. Because both portions of the stock are above

[[Page 75]]

40 percent, the OYs could be set equal to the ABCs. For the area north 
of 46[deg]16'N. lat., the OY of 490 mt is set equal to the ABC. The 
following tribal harvest guidelines are being set: 30,000 lb (13.6 mt) 
north of Cape Alava, WA (48[deg]09.50'N. lat.) and 10,000 lb (4.5 mt) 
between Destruction Island, WA (47[deg]40'N. lat.) and Leadbetter Point, 
WA (46[deg]38.17'N. lat.) For the area south of 46[deg]16'N. lat., the 
OY of 1,000 mt is a constant harvest level. The black rockfish OY in the 
area south of 46[deg]16'N. lat., is subdivided with separate HGs being 
set for the area north of 42[deg] N. lat. (580 mt/58 percent) and for 
the area south of 42[deg] N. lat. (420 mt/42 percent).
    \dd\ Minor rockfish north includes the ``remaining rockfish'' and 
``other rockfish'' categories in the Vancouver, Columbia, and Eureka 
areas combined. These species include ``remaining rockfish'', which 
generally includes species that have been assessed by less rigorous 
methods than stock assessments, and ``other rockfish'', which includes 
species that do not have quantifiable stock assessments. Blue rockfish 
has been removed from the ``other rockfish'' and added to the remaining 
rockfish. The ABC of 3,678 mt is the sum of the individual ``remaining 
rockfish'' ABCs plus the ``other rockfish'' ABCs. The remaining rockfish 
ABCs continue to be reduced by 25 percent (F = 0.75M) as a precautionary 
adjustment. To obtain the total catch OY of 2,283 mt, the remaining 
rockfish ABCs were further reduced by 25 percent and other rockfish ABCs 
were reduced by 50 percent. This was a precautionary measure to address 
limited stock assessment information.
    \ee\ Minor rockfish south includes the ``remaining rockfish'' and 
``other rockfish'' categories in the Monterey and Conception areas 
combined. These species include ``remaining rockfish'' which generally 
includes species that have been assessed by less rigorous methods than 
stock assessment, and ``other rockfish'' which includes species that do 
not have quantifiable stock assessments. Blue rockfish has been removed 
from the ``other rockfish'' and added to the remaining rockfish. The ABC 
of 3,382 mt is the sum of the individual ``remaining rockfish'' ABCs 
plus the ``other rockfish'' ABCs. The remaining rockfish ABCs continue 
to be reduced by 25 percent (F = 0.75M) as a precautionary adjustment. 
The remaining rockfish ABCs are further reduced by 25 percent, with the 
exception of blackgill rockfish (see footnote gg). The other rockfish 
ABCs were reduced by 50 percent. This was a precautionary measure due to 
limited stock assessment information. The resulting minor rockfish OY is 
1,990 mt.
    \ff\ Bank rockfish--The ABC is 350 mt which is based on a 2000 stock 
assessment for the Monterey and Conception areas. This stock contributes 
263 mt towards the minor rockfish OY in the south.
    \gg\ Blackgill rockfish in the Monterey and Conception areas was 
assessed in 2005 and is estimated to be at 49.9 percent of its unfished 
biomass in 2008. The ABC of 292 mt for the Monterey and Conception areas 
is based on the 2005 stock assessment with an FMSY proxy of F50%and is 
the two year average ABC for the 2007 and 2008 periods. This stock 
contributes 292 mt towards minor rockfish south.
    \hh\ ``Other rockfish'' includes rockfish species listed in 50 CFR 
660.302. A new stock assessment was conducted for blue rockfish in 2007. 
As a result of the new stock assessment, the blue rockfish contribution 
to the other rockfish group, of 30 mt in the north and 232 mt in the 
south, are removed. A new contribution of 28 mt contribution in the 
north and 202 mt contribution in the south is added to the remaining 
rockfish. The ABC for the remaining species is based on historical data 
from a 1996 review landings and includes an estimate of recreational 
landings. Most of these species have never been assessed quantitatively.
    \ii\ Longnose skate was fully assessed in 2006 and an assessment 
update was completed in 2007. The ABC of 3,428 is based on the 2007 with 
an FMSY proxy of F45%. Longnose skate was previously managed as part of 
the Other Fish complex. The 2009 OY of 1,349 mt is a precautionary OY 
based on historical total catch increased by 50 percent.
    \jj\ ``Other fish'' includes sharks, skates, rays, ratfish, morids, 
grenadiers, kelp greenling, and other groundfish species noted above in 
footnote d/. The longnose skate contribution is being removed from this 
complex.
    \kk\ Sablefish allocation north of 36[deg] N. lat.--The limited 
entry allocation is further divided with 58 percent allocated to the 
trawl fishery and 42 percent allocated to the fixed-gear fishery.
    \ll\ Specific open access/limited entry allocations specified in the 
FMP have been suspended during the rebuilding period as necessary to 
meet the overall rebuilding target while allowing harvest of healthy 
stocks.



      Subpart D_West Coast Groundfish_Limited Entry Trawl Fisheries

    Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 60897, Oct. 1, 2010, subpart D was 
added, effective Nov. 1, 2010.



Sec. 660.100  Purpose and scope.

    This subpart covers the Pacific Coast Groundfish limited entry trawl 
fishery.

[[Page 76]]

Under the trawl rationalization program, the limited entry trawl fishery 
consists of the Shorebased IFQ Program, the MS Coop Program, and the C/P 
Coop Program.



Sec. 660.111  Trawl fishery--definitions.

    These definitions are specific to the limited entry trawl fisheries 
covered in this subpart. General groundfish definitions are found at 
Sec. 660.11, subpart C.
    Catch history assignment means a percentage of the mothership sector 
allocation of Pacific whiting based on a limited entry permit's 
qualifying history and which is specified on the MS/CV-endorsed limited 
entry permit.
    Catcher/processor coop or C/P coop means a harvester group that 
includes all eligible catcher/processor at-sea Pacific whiting endorsed 
permit owners who voluntarily form a coop and who manage the catcher/
processor-specified allocations through private agreements and 
contracts.
    Catcher/Processor Coop Program or C/P Coop Program means the C/P 
Coop Program described at Sec. 660.160, subpart D.
    Coop agreement means a private agreement between a group of MS/CV-
endorsed limited entry permit owners or C/P-endorsed permit owners that 
contains all information specified at Sec. Sec. 660.150 and 660.160, 
subpart D.
    Coop member means a permit owner of an MS/CV-endorsed permit for the 
MS Coop Program that is a party to an MS coop agreement, or a permit 
owner of a C/P-endorsed permit for the C/P Coop Program that is legally 
obligated to the C/P coop.
    Coop permit means a Federal permit required to participate as a 
Pacific whiting coop in the catcher/processor or mothership sectors.
    Designated coop manager means an individual appointed by a permitted 
coop that is identified in the coop agreement and is responsible for 
actions described at Sec. Sec. 660.150 (for an MS coop) or 660.160 (for 
a C/P coop), subpart D.
    IBQ pounds means the quotas, expressed in round weight of fish, that 
are issued annually to each QS permit owner in the Shorebased IFQ 
Program based on the amount of IBQ they own and the amount of allowable 
bycatch mortality allocated to the Shorebased IFQ Program. IBQ pounds 
have the same species/species group and area designations as the IBQ 
from which they are issued.
    IFQ first receivers mean persons who first receive, purchase, or 
take custody, control, or possession of catch onshore directly from a 
vessel that harvested the catch while fishing under the Shorebased IFQ 
Program described at Sec. 660.140, subpart D.
    IFQ landing means an offload of fish harvested under the Shorebased 
IFQ Program described at Sec. 660.140, subpart D.
    Individual bycatch quota (IBQ) means the amount of bycatch quota for 
an individual species/species group and area expressed as a percentage 
of the annual allocation of allowable bycatch mortality to the 
Shorebased IFQ Program. IBQ is used as the basis for the annual 
calculation and allocation of a QS permit owner's IBQ pounds in the 
Shorebased IFQ Program. Both IBQ and QS may be listed on a QS permit and 
in the associated QS account. Species for which IBQ will be issued for 
the Shorebased IFQ Program are listed at Sec. 660.140, subpart D.
    Individual fishing quota (IFQ) means a Federal permit to harvest a 
quantity of fish, expressed as a percentage of the total allowable catch 
of a fishery that may be received or held for exclusive use by a person. 
An IFQ is a harvest privilege that may be revoked at any time in 
accordance with the Magnuson-Stevens Act. IFQ species for the Shorebased 
IFQ Program are listed at Sec. 660.140, subpart D.
    Inter-coop means two or more permitted coops that have submitted an 
accepted inter-coop agreement to NMFS that specifies a coordinated 
strategy for harvesting pooled allocations of Pacific whiting and non-
whiting groundfish.
    Inter-coop agreement means a written agreement between two or more 
permitted mothership coops and which contains private contractual 
arrangements for sharing catch and/or bycatch with one another.
    Material change means, for the purposes of a coop agreement, a 
change to any of the required components of the coop agreement, defined 
at Sec. Sec. 660.150

[[Page 77]]

and 660.160, subpart D, which was submitted to NMFS during the 
application process for the coop permit.
    Mothership coop or MS coop means a group of MS/CV-endorsed limited 
entry permit owners that are authorized by means of a coop permit to 
jointly harvest and process from a single coop allocation.
    Mothership Coop Program or MS Coop Program means the MS Coop Program 
described at Sec. 660.150, subpart D, and includes both the coop and 
non-coop fisheries.
    Mutual agreement exception means, for the purpose of Sec. 660.150, 
subpart D, an agreement that allows the owner of an MS/CV-endorsed 
limited entry permit to withdraw the permit's obligation of its catch 
history assignment to a permitted mothership processor, when mutually 
agreed to with the mothership processor, and to obligate to a different 
permitted mothership processor.
    Pacific halibut set-aside means an amount of Pacific halibut 
annually set aside for the at-sea whiting fisheries (mothership and C/P 
sectors) and which is based on the trawl allocation of Pacific whiting.
    Pacific whiting IFQ fishery means a trip in which a vessel 
registered to a trawl-endorsed limited entry permit uses legal midwater 
groundfish trawl gear with a valid declaration for limited entry 
midwater trawl, Pacific whiting IFQ, as specified at Sec. 660.13(d)(5), 
subpart C, during the dates what the midwater Pacific whiting season is 
open.
    Pacific whiting shoreside first receivers means persons who first 
receive, purchase, or take custody, control, or possession of Pacific 
whiting onshore directly from a Pacific whiting shoreside vessel.
    Pacific whiting shoreside or shorebased fishery means Pacific 
whiting shoreside vessels and Pacific whiting shoreside first receivers.
    Pacific whiting shoreside vessel means any vessel that fishes using 
midwater trawl gear to take, retain, possess and land 4,000-lb (1,814 
kg) or more of Pacific whiting per fishing trip from the Pacific whiting 
shorebased sector allocation for delivery to a Pacific whiting shoreside 
first receiver during the primary season.
    Processor obligation means an annual requirement for an MS/CV-
endorsed limited entry permit to assign the amount of catch available 
from the permit's catch history assignment to a particular MS permit.
    Quota pounds (QP) means the quotas, expressed in round weight of 
fish, that are issued annually to each QS permit owner in the Shorebased 
IFQ Program based on the amount of QS they own and the amount of fish 
allocated to the Shorebased IFQ Program. QP have the same species/
species group and area designations as the QS from which they are 
issued.
    Quota share (QS) means the amount of fishing quota for an individual 
species/species group and area expressed as a percentage of the annual 
allocation of fish to the Shorebased IFQ Program. The QS is used as the 
basis for the annual calculation and allocation of a QS permit owner's 
QP in the Shorebased IFQ Program. Both QS and IBQ may be listed on a QS 
permit and in the associated QS account. Species for which QS will be 
issued for the Shorebased IFQ Program are listed at Sec. 660.140, 
subpart D.
    Shorebased IFQ Program means the Shorebased IFQ Program described at 
Sec. 660.140, subpart D.
    Vessel account means an account held by the vessel owner where QP 
and IBQ pounds are registered for use by a vessel in the Shorebased IFQ 
Program.
    Vessel limits means the maximum amount of QP or IBQ pounds a vessel 
owner can hold, acquire, and/or use during a calendar year. Vessel 
limits specify the maximum amount of QP or IBQ pounds that may be 
registered to a single vessel account during the year (QP Vessel Limit) 
and, for some species, the maximum amount of unused QP or IBQ pounds 
registered to a vessel account at any one time (Unused QP Vessel Limit).



Sec. 660.112  Trawl fishery--prohibitions.

    These prohibitions are specific to the limited entry trawl 
fisheries. General groundfish prohibitions are defined at Sec. 660.12, 
subpart C. In addition to the general prohibitions specified in

[[Page 78]]

Sec. 600.725 of this chapter, it is unlawful for any person or vessel 
to:
    (a) General--(1) Trawl gear endorsement. Fish with groundfish trawl 
gear, or carry groundfish trawl gear on board a vessel that also has 
groundfish on board, unless the vessel is registered for use with a 
valid limited entry permit with a trawl gear endorsement, with the 
following exception.
    (i) The vessel is in continuous transit from outside the fishery 
management area to a port in Washington, Oregon, or California;
    (ii) The vessel is registered to a limited entry MS permit with a 
valid mothership fishery declaration, 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.
    (2) Sorting. [Reserved]
    (3) Recordkeeping and reporting. (i) Fail to comply with all 
recordkeeping and reporting requirements at Sec. 660.13, subpart C; 
including failure to submit information, submission of inaccurate 
information, or intentionally submitting false information on any report 
required at Sec. 660.13(d), subpart C.
    (ii) 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 regulation at Sec. 660.13, subpart C, 
or Sec. 660.113, subpart D.
    (4) Fishing in conservation areas with trawl gear. (i) Operate any 
vessel registered to a limited entry permit with a trawl endorsement and 
trawl gear on board in a applicable GCA (defined at Sec. 660.11, 
subpart C and Sec. 660.130(e), subpart D), except for purposes of 
continuous transiting, with all groundfish trawl gear stowed in 
accordance with Sec. 660.130(e)(4), subpart D or except as authorized 
in the groundfish management measures published at Sec. 660.130, 
subpart D.
    (ii) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C) anywhere within EFH seaward of a line approximating the 700-fm (1280-
m) depth contour, as defined in Sec. 660.76, subpart C. For the 
purposes of regulation, EFH seaward of 700-fm (1280-m) within the EEZ is 
described at Sec. 660.75, subpart C.
    (iii) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C) with a footrope diameter greater than 19 inches (48 cm) (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope) anywhere within EFH within the EEZ. For the purposes of 
regulation, EFH within the EEZ is described at Sec. 660.75, subpart C.
    (iv) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C) with a footrope diameter greater than 8 inches (20 cm) (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope) anywhere within the EEZ shoreward of a line 
approximating the 100-fm (183-m) depth contour (defined at Sec. 660.73, 
subpart C).
    (v) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C), within the EEZ in the following areas (defined at Sec. Sec. 660.77 
and 660.78, Subpart C): Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, 
Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, 
Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, 
Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
    (vi) Fish with bottom trawl gear (defined at Sec. 660.11, subpart 
C), other than demersal seine, unless otherwise specified in this 
section or Sec. 660.381, within the EEZ in the following areas (defined 
at Sec. 660.79, subpart C): Eel River Canyon, Blunts Reef, Mendocino 
Ridge, Delgada Canyon, Tolo Bank, Point Arena North, Point Arena South 
Biogenic Area, Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, 
Half Moon Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port 
San Luis, East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank 
(within Cowcod Conservation Area West), Catalina Island, Potato Bank 
(within Cowcod Conservation Area West), Cherry Bank (within Cowcod 
Conservation Area West), and Cowcod EFH Conservation Area East.
    (vii) Fish with bottom contact gear (defined at Sec. 660.11, 
subpart C) within the EEZ in the following areas (defined at Sec. Sec. 
660.78 and 660.79, subpart C): Thompson Seamount, President Jackson 
Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson 
Rock, Scorpion, Painted Cave, Anacapa

[[Page 79]]

Island, Carrington Point, Judith Rock, Skunk Point, Footprint, Gull 
Island, South Point, and Santa Barbara.
    (viii) Fish with bottom contact gear (defined at Sec. 660.11, 
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined at Sec. 660.79, subpart 
C).
    (b) Shorebased IFQ Program. [Reserved]
    (c) MS and C/P Coop Programs. [Reserved]
    (d) MS Coop Program (coop and non-coop fisheries). [Reserved]
    (e) C/P Coop Program. [Reserved]
    (f) Pacific Whiting Fisheries--(1) Pacific whiting vessel license 
requirements prior to trawl rationalization. Fish in any of the sectors 
of the whiting fishery described at Sec. 660.131(a), subpart D, after 
May 11, 2009 using a vessel that is not registered for use with a 
sector-appropriate Pacific whiting vessel license under Sec. 660.26, 
subpart C. After May 11, 2009, vessels are prohibited from fishing, 
landing, or processing primary season Pacific whiting with a catcher/
processor, mothership or mothership catcher vessel that has no history 
of participation within that specific sector of the whiting fishery 
during the period from January 1, 1997, through January 1, 2007, or with 
a shoreside catcher vessels that has no history of participation within 
the shorebased sector of the whiting fishery during the period from 
January 1, 1994 through January 1, 2007, as specified in Sec. 
660.26(c), subpart C. For the purpose of this paragraph, ``historic 
participation'' for a specific sector is the same as the qualifying 
criteria listed in Sec. 660.26(c), subpart C.
    (i) If a Pacific whiting vessel license is registered for use with a 
vessel, fail to carry that license onboard the vessel registered for use 
with the license at any time the vessel is licensed. A photocopy of the 
license may not substitute for the license itself.
    (ii) [Reserved]
    (2) 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:
    (i) The fish are received from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. 660.50, subpart C;
    (ii) The fish are processed by a waste-processing vessel according 
to Sec. 660.131(j), subpart D; or
    (iii) The vessel is completing processing of whiting taken on board 
during that vessel's primary season.
    (3) During times or in areas where at-sea processing is prohibited, 
take and retain or receive whiting, except as cargo or fish waste, on a 
vessel in the fishery management area that already has processed whiting 
on board. An exception to this prohibition is provided if the fish are 
received within the tribal U&A from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. 660.50, subpart C.
    (4) Fish as a mothership if that vessel operates in the same 
calendar year as a catcher/processor in the whiting fishery, according 
to Sec. 660.131, subpart D.
    (5) 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. 660.131(j), subpart D.
    (6) On a vessel used to fish for whiting, fail to keep the trawl 
doors on board the vessel, when taking and retention is prohibited under 
Sec. 660.131(f), subpart D.
    (7) Sort or discard any portion of the catch taken by a catcher 
vessel in the mothership sector prior to the catch being received on a 
mothership, and prior to the observer being provided access to the 
unsorted catch, with the exception of minor amounts of catch that are 
lost when the codend is separated from the net and prepared for 
transfer.
    (8) Pacific whiting shoreside first receivers. (i) [Reserved]
    (ii) Fail to sort fish received from a Pacific whiting shoreside 
vessel prior to first weighing after offloading as specified at Sec. 
660.131(k)(2), subpart D for the Pacific whiting fishery.
    (iii) Process, sell, or discard any groundfish received from a 
Pacific whiting shoreside vessel that has not been weighed on a scale 
that is in compliance with requirements at Sec. 660.131 (k)(1)(i), 
subpart D, and accounted for on an electronic fish ticket with the 
identification number for the Pacific

[[Page 80]]

whiting shoreside vessel that delivered the fish.
    (iv) Fail to weigh fish landed from a Pacific whiting shoreside 
vessel prior to transporting any fish from that landing away from the 
point of landing.



Sec. 660.113  Trawl fishery--recordkeeping and reporting.

    General groundfish recordkeeping and reporting requirements are 
defined at Sec. 660.13, subpart C. The following recordkeeping and 
reporting requirements are in addition to those and are specific to the 
limited entry trawl fisheries.
    (a) Shorebased IFQ Program. [Reserved]
    (b) MS Coop Program (coop and non-coop fisheries). [Reserved]
    (c) C/P Coop Program. [Reserved]
    (d) Participants in the Pacific whiting shoreside fishery prior to 
trawl rationalization. Reporting requirements defined in the following 
section are in addition to reporting requirements under applicable state 
law and requirements described at Sec. 660.13, subpart C.
    (1) Reporting requirements for any Pacific whiting shoreside first 
receiver.
    (i) Responsibility for compliance. The Pacific whiting shoreside 
first receiver is responsible for compliance with all reporting 
requirements described in this paragraph.
    (ii) General requirements. All records or reports required by this 
paragraph must: Be maintained in English, be accurate, be legible, be 
based on local time, and be submitted in a timely manner as required in 
paragraph (d)(1)(iv)(E) of this section.
    (iii) Required information. All Pacific whiting shoreside first 
receivers must provide the following types of information: Date of 
landing, Pacific whiting shoreside vessel that made the delivery, gear 
type used, first receiver, round weights of species landed listed by 
species or species group including species with no value, number of 
salmon by species, number of Pacific halibut, and any other information 
deemed necessary by the Regional Administrator as specified on the 
appropriate electronic fish ticket form.
    (iv) Electronic fish ticket submissions. The Pacific whiting 
shoreside first receiver must:
    (A) Sort all fish, prior to first weighing, by species or species 
groups as specified at Sec. 660.131(l)(2)(ii), subpart D.
    (B) Include as part of each electronic fish ticket submission, the 
actual scale weight for each groundfish species as specified by 
requirements at Sec. 660.131(l)(i), subpart D, and the Pacific whiting 
shoreside vessel identification number.
    (C) Use for the purpose of submitting electronic fish tickets, and 
maintain in good working order, computer equipment as specified at Sec. 
660.15(d), subpart C;
    (D) Install, use, and update as necessary, any NMFS-approved 
software described at Sec. 660.15(d), subpart C;
    (E) Submit a completed electronic fish ticket for every landing that 
includes 4,000-lb (1,814 kg) or more of Pacific whiting (round weight 
equivalent) no later than 24 hours after the date the fish are received, 
unless a waiver of this requirement has been granted under provisions 
specified below at paragraph (d)(1)(vii) of this section.
    (v) Revising a submitted electronic fish ticket submission. In the 
event that a data error is found, electronic fish ticket submissions may 
be revised by resubmitting the revised form. Electronic fish tickets are 
to be used for the submission of final data. Preliminary data, including 
estimates of fish weights or species composition, shall not be submitted 
on electronic fish tickets.
    (vi) Retention of Records. [Reserved]
    (vii) Waivers for submission of electronic fish tickets upon written 
request. On a case-by-case basis, a temporary written waiver of the 
requirement to submit electronic fish tickets may be granted by the 
Assistant Regional Administrator or designee if he/she determines that 
circumstances beyond the control of a Pacific whiting shoreside first 
receiver would result in inadequate data submissions using the 
electronic fish ticket system. The duration of the waiver will be 
determined on a case-by-case basis.
    (viii) Reporting requirements when a temporary waiver has been 
granted. Pacific whiting shoreside first receivers that have been 
granted a temporary waiver from the requirement to submit electronic 
fish tickets must submit on

[[Page 81]]

paper the same data as is required on electronic fish tickets within 24 
hours of the date received during the period that the waiver is in 
effect. Paper state landing receipts must be sent by facsimile to NMFS, 
Northwest Region, Sustainable Fisheries Division, 206-526-6736 or by 
delivering it in person to 7600 Sand Point Way NE., Seattle, WA 98115. 
The requirements for submissions of paper tickets in this paragraph are 
separate from, and in addition to existing state requirements for 
landing receipts or fish receiving tickets.
    (2) [Reserved]



Sec. 660.116  Trawl fishery--observer requirements.

    (a) Observer coverage requirements--(1) NMFS-certified observers.
    (i) A catcher/processor or mothership 125-ft (38.1-m) LOA or longer 
must carry two NMFS-certified observers, and a catcher/processor or 
mothership shorter than 125-ft (38.1-m) LOA must carry one NMFS-
certified observer, each day that the vessel is used to take, retain, 
receive, land, process, or transport groundfish.
    (ii) A Pacific whiting shoreside vessel that sorts catch at sea must 
carry one NMFS-certified observer, from the time the vessel leaves port 
on a trip in which the catch is sorted at sea to the time that all catch 
from that trip has been offloaded.
    (2) Catcher vessels. When NMFS notifies the owner, operator, permit 
holder, or the manager of a catcher vessel, specified at Sec. 
660.16(c), Subpart C of any requirement to carry an observer, the 
catcher vessel may not be used to fish for 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 (a)(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 (a)(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. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any 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.
    (b) 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.
    (c) Procurement of observer services by catcher/processors, 
motherships, and Pacific whiting shoreside vessels that sort at sea. 
Owners of vessels required to carry observers under provisions at 
paragraph (a)(1)(i) or (ii) of this section must arrange for observer 
services from an observer provider permitted by the North Pacific 
Groundfish Observer Program under 50 CFR 679.50(i), except that:
    (1) Vessels are required to procure observer services directly from 
NMFS when NMFS has determined and given notification that the vessel 
must carry NMFS staff or an individual authorized by NMFS in lieu of an 
observer provided by a permitted observer provider.
    (2) Vessels are required to procure observer services directly from 
NMFS and a permitted observer provider

[[Page 82]]

when NMFS has determined and given notification that the vessel must 
carry NMFS staff or individuals authorized by NMFS, in addition to an 
observer provided by a permitted observer provider.
    (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. Equivalent to those provided for officers, 
engineers, foremen, deck-bosses or other management level personnel of 
the vessel.
    (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 USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec. 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 U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (iii) Hardware and software. Pacific whiting vessels that are 
required to carry one or more NMFS-certified observers under provisions 
at paragraphs (a)(1)(i) or (ii) of this section must provide hardware 
and software pursuant to regulations at 50 CFR 679.50(g)(1)(iii)(B) and 
50 CFR 679.50(g)(2)(iii), as follows:
    (A) Providing for use by the observer a personal computer in working 
condition that contains a full Pentium 120 Mhz or greater capacity 
processing chip, at least 32 megabytes of RAM, at least 75 megabytes of 
free hard disk storage, a Windows 9x or NT compatible operating system, 
an operating mouse, and a 3.5-inch (8.9 cm) floppy disk drive. The 
associated computer monitor must have a viewable screen size of at least 
14.1 inches (35.8 cm) and minimum display settings of 600 x 800 pixels. 
The computer equipment specified in this paragraph (A) must be connected 
to a communication device that provides a 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. Processors that 
use a modem 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.
    (B) NMFS-supplied software. Ensuring that each vessel that is 
required to carry a NMFS-certified observer obtains the data entry 
software provided by the NMFS for use by the observer.
    (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).

[[Page 83]]

    (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. Processing 
vessels must:
    (i) 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.
    (ii) Notify observers at least 3 hours before observers are 
transferred, such that the observers can collect personal belongings, 
equipment, and scientific samples.
    (iii) Provide a safe pilot ladder and conduct the transfer to ensure 
the safety of observers during transfers.
    (iv) Provide an experienced crew member to assist observers in the 
small boat or raft in which any transfer is made.
    (e) Sample station and operational--(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 observer sampling 
station and the location where the observer collects sample catch.
    (iii) Minimum work space aboard at-sea processing vessels. The 
observer must have a working area of 4.5 square meters, including the 
observer's sampling table, for sampling and storage of fish to be 
sampled. 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.
    (iv) Table aboard at-sea processing vessels. 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 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.
    (v) Diverter board aboard at-sea processing vessels. The conveyor 
belt conveying unsorted catch must have a removable board (diverter 
board) to allow all 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. 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.
    (vi) Other requirement for at-sea processing vessels. The sampling 
station must be in a well-drained area that includes floor grating (or 
other material that prevents slipping), lighting adequate for day or 
night sampling, and a hose that supplies fresh or sea water to the 
observer.
    (vii) Observer sampling scale. The observer sample station must 
include a NMFS-approved platform scale (pursuant to requirements at 50 
CFR 679.28(d)(5)) 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.
    (2) [Reserved]



Sec. 660.120   Trawl fishery--crossover provisions.

    (a) General. In addition to the General provisions listed at Sec. 
660.60, subpart C, the crossover provisions of this section apply to 
vessels operating in the limited entry trawl fishery.
    (b) Operating in north-south management areas with different trip 
limits--(1) Minor Rockfish.
    (i) If a trawl vessel takes and retains minor shelf rockfish south 
of 40[deg]10'N. lat., that vessel is also permitted to take and retain, 
possess, or land yellowtail rockfish up to its cumulative limits north 
of 40[deg]10'N. lat., even if yellowtail rockfish is part of the 
landings from minor shelf rockfish taken and retained south of 
40[deg]10'N. lat. Widow rockfish is included in overall shelf rockfish 
limits for all gear groups.

[[Page 84]]

    (ii) If a trawl vessel takes and retains minor shelf rockfish north 
of 40[deg]10'N. lat., that vessel is also permitted to take and retain, 
possess, or land chilipepper rockfish up to its cumulative limits south 
of 40[deg]10' N. lat., even if chilipepper rockfish is part of the 
landings from minor shelf rockfish taken and retained north of 
40[deg]10' N. lat.
    (2) DTS complex. Differential trawl trip limits for the ``DTS 
complex'' north and south of latitudinal management lines may be 
specified in trip limits, Table 1 (North) and Table 1 (South) of this 
subpart. Vessels operating in the limited entry trawl fishery are 
subject to the crossover provisions in this paragraph when making 
landings that include any one of the four species in the ``DTS 
complex.''
    (3) Flatfish complex. There are often differential trip limits for 
the flatfish complex (butter, curlfin, English, flathead, petrale, rex, 
rock, and sand soles, Pacific sanddab, and starry flounder) north and 
south of latitudinal management lines. Vessels operating in the limited 
entry trawl fishery are subject to the crossover provisions in this 
paragraph when making landings that include any one of the species in 
the flatfish complex.



Sec. 660.130   Trawl fishery--management measures.

    (a) General. Limited entry trawl vessels include those vessels 
registered to a limited entry permit with a trawl endorsement. Most 
species taken in limited entry trawl fisheries will be managed with 
cumulative trip limits (see trip limits in Tables 1 (North) and 1 
(South) of this subpart), size limits (see Sec. 660.60(h)(5), subpart 
C), seasons (see Pacific whiting at Sec. 660.131(b), subpart D), gear 
restrictions (see paragraph (b) of this section) and closed areas (see 
paragraph (e) of this section and Sec. Sec. 660.70 through 660.79, 
subpart C). The trawl fishery has gear requirements and trip limits that 
differ by the type of trawl gear on board and the area fished. Cowcod 
retention is prohibited in all fisheries and groundfish vessels 
operating south of Point Conception must adhere to CCA restrictions (see 
paragraph (e)(1) of this section and Sec. 660.70, subpart C). The trip 
limits in Tables 1 (North) and 1 (South) of this subpart apply to 
vessels participating in the limited entry groundfish trawl fishery and 
may not be exceeded. Federal commercial groundfish regulations are not 
intended to supersede any more restrictive state commercial groundfish 
regulations relating to federally-managed groundfish.
    (b) Trawl gear requirements and restrictions. Trawl nets may be 
fished with or without otter boards, and may use warps or cables to herd 
fish.
    (1) Codends. Only single-walled codends may be used in any trawl. 
Double-walled codends are prohibited.
    (2) Mesh size. Groundfish trawl gear must meet the minimum mesh size 
requirements in this paragraph. Mesh size requirements apply throughout 
the net. Minimum trawl mesh sizes are: Bottom trawl, 4.5 inches (11.4 
cm); midwater trawl, 3.0 inches (7.6 cm). Minimum trawl mesh size 
requirements are met if a 20-gauge stainless steel wedge, 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.
    (3) Chafing gear. Chafing gear may encircle no more than 50 percent 
of the net's circumference. No section of chafing gear may be longer 
than 50 meshes of the net to which it is attached. Chafing gear may be 
used only on the last 50 meshes, measured from the terminal (closed) end 
of the codend. Except at the corners, the terminal end of each section 
of chafing gear on all trawl 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) Large footrope trawl gear. Large footrope gear is bottom trawl 
gear 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). Fishing with bottom trawl gear with a footrope 
diameter greater than 19 inches (48 cm) (including rollers, bobbins, or 
other material encircling or tied along the length of the footrope) is 
prohibited anywhere in EFH within the

[[Page 85]]

EEZ, as defined by latitude/longitude coordinates at Sec. 660.75, 
subpart C.
    (5) Small footrope trawl gear. Small footrope gear is bottom trawl 
gear with a footrope diameter of 8 inches (20 cm) or smaller (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope). Other lines or ropes that run parallel to the footrope 
may not be augmented with material encircling or tied along their length 
such that they have a diameter larger than 8 inches (20 cm). 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.
    (i) Selective flatfish trawl gear. Selective flatfish trawl gear is 
a type of small footrope trawl gear. The selective flatfish trawl net 
must be a two-seamed net with no more than two riblines, excluding the 
codend. The breastline may not be longer than 3 ft (0.92 m) in length. 
There may be no floats along the center third of the headrope or 
attached to the top panel except on the riblines. The footrope must be 
less than 105 ft (32.26 m) in length. The headrope must be not less than 
30 percent longer than the footrope. An explanatory diagram of a 
selective flatfish trawl net is provided as Figure 1 of part 660, 
subpart D.
    (ii) [Reserved]
    (6) Midwater (or pelagic) trawl gear. Midwater trawl gear must have 
unprotected footropes at the trawl mouth, and must not have rollers, 
bobbins, tires, wheels, rubber discs, or any similar device anywhere on 
any part of the net. The footrope of midwater gear may not be enlarged 
by encircling it with chains or by any other means. Ropes or lines 
running parallel to the footrope of midwater trawl gear must be bare and 
may not be suspended with chains or any other materials. Sweep lines, 
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) Cumulative trip limits and prohibitions by limited entry trawl 
gear type. Management measures may vary depending on the type of trawl 
gear (i.e., large footrope, small footrope, selective flatfish, or 
midwater trawl gear) used and/or on board a vessel during a fishing 
trip, cumulative limit period, and the area fished. Trawl nets may be 
used on and off the seabed. For some species or species groups, Table 1 
(North) and Table 1 (South) of this subpart provide cumulative and/or 
trip limits that are specific to different types of trawl gear: large 
footrope, small footrope (including selective flatfish), selective 
flatfish, midwater, and multiple types. If Table 1 (North) and Table 1 
(South) of this subpart provide gear specific limits for a particular 
species or species group, it is unlawful to take and retain, possess or 
land that species or species group with limited entry trawl gears other 
than those listed.
    (1) Fishing with large footrope trawl gear. It is unlawful for any 
vessel using large footrope gear to fish for groundfish shoreward of the 
RCAs defined at paragraph (e)(4) of this section and at Sec. Sec. 
660.70 through 660.74, subpart C. The use of large footrope gear is 
permitted seaward of the RCAs coastwide.
    (2) Fishing with small footrope trawl gear. North of 40[deg]10' N. 
lat., it is unlawful for any vessel using small footrope gear (except 
selective flatfish gear) to fish for groundfish or have small footrope 
trawl gear (except selective flatfish gear) onboard while fishing 
shoreward of the RCA defined at paragraph (d) of this section and at 
Sec. Sec. 660.70 through 660.74, subpart C. South of 40[deg]10' N. 
lat., small footrope gear is required shoreward of the RCA. Small 
footrope gear is permitted seaward of the RCA coastwide.
    (i) North of 40[deg]10' N. lat., selective flatfish gear is required 
shoreward of the RCA defined at paragraph (d) of this section and at 
Sec. Sec. 660.70, through 660.74, subpart C. South of 40[deg]10'N. 
lat., selective flatfish gear is permitted, but

[[Page 86]]

not required, shoreward of the RCA. The use of selective flatfish trawl 
gear is permitted seaward of the RCA coastwide.
    (ii) [Reserved]
    (3) Fishing with midwater trawl gear. North of 40[deg]10' N. lat., 
midwater trawl gear is permitted only for vessels participating in the 
primary Pacific whiting fishery (for details on the Pacific whiting 
fishery see Sec. 660.131, subpart D.) South of 40[deg]10' N. lat., the 
use of midwater trawl gear is prohibited shoreward of the RCA and 
permitted seaward of the RCA.
    (4) More than one type of trawl gear on board. The cumulative trip 
limits in Table 1 (North) or Table 1 (South) of this subpart must not be 
exceeded.
    (i) The following restrictions apply to vessels operating north of 
40[deg]10' N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have both 
bottom trawl gear and midwater trawl gear onboard simultaneously. A 
vessel may have more than one type of limited entry bottom trawl gear on 
board, either simultaneously or successively, during a cumulative limit 
period.
    (B) If a vessel fishes exclusively with large or small footrope 
trawl gear during an entire cumulative limit period, the vessel is 
subject to the small or large footrope trawl gear cumulative limits and 
that vessel must fish seaward of the RCA during that limit period.
    (C) If a vessel fishes exclusively with selective flatfish trawl 
gear during an entire cumulative limit period, then the vessel is 
subject to the selective flatfish trawl gear-cumulative limits during 
that limit period, regardless of whether the vessel is fishing shoreward 
or seaward of the RCA.
    (D) If more than one type of bottom trawl gear (selective flatfish, 
large footrope, or small footrope) is on board, either simultaneously or 
successively, at any time during a cumulative limit period, then the 
most restrictive cumulative limit associated with the bottom trawl gear 
on board during that cumulative limit period applies for the entire 
cumulative limit period, regardless of whether the vessel is fishing 
shoreward or seaward of the RCA.
    (E) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover provisions 
at Sec. 660.120, subpart D.)
    (F) Midwater trawl gear is allowed only for vessels participating in 
the primary whiting season.
    (ii) The following restrictions apply to vessels operating south of 
40[deg]10' N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have both 
bottom trawl gear and midwater trawl gear onboard simultaneously. A 
vessel may not have small footrope trawl gear and any other type of 
bottom trawl gear onboard simultaneously.
    (B) For vessels using more than one type of trawl gear during a 
cumulative limit period, limits are additive up to the largest limit for 
the type of gear used during that period. (Example: If a vessel harvests 
300-lb (136 kg) of chilipepper rockfish with small footrope-gear, it may 
harvest up to 11,700-lb (5,209 kg) of chilipepper rockfish with large 
footrope gear during the July and August cumulative period, because the 
largest cumulative limit for chilipepper rockfish during that period is 
12,000-lb (5,443 kg) for large footrope gear.)
    (C) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover provisions 
at Sec. 660.120, subpart D.)
    (d) Sorting. Under Sec. 660.12 (a)(8), subpart C, it is unlawful 
for any person to ``fail to sort, prior to the first weighing after 
offloading, those groundfish species or species groups for which there 
is

[[Page 87]]

a trip limit, size limit, scientific sorting designation, quota, harvest 
guideline, or OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, scientific sorting designation, 
quota, harvest guideline, or OY applied.'' The States of Washington, 
Oregon, and California may also require that vessels record their 
landings as sorted on their state landing receipt.
    (1) Coastwide. Widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose 
skate, and Pacific whiting;
    (2) North of 40[deg]10' N. lat. POP, yellowtail rockfish;
    (3) South of 40[deg]10' N. lat. Minor shallow nearshore rockfish, 
minor deeper nearshore rockfish, California scorpionfish, chilipepper 
rockfish, bocaccio rockfish, splitnose rockfish, Pacific sanddabs, 
cowcod, bronzespotted rockfish and cabezon.
    (e) Groundfish conservation areas (GCAs) applicable to trawl 
vessels. A GCA, a type of closed area, is a geographic area defined by 
coordinates expressed in degrees of latitude and longitude. The latitude 
and longitude coordinates of the GCA boundaries are specified at 
Sec. Sec. 660.70 through 660.74, subpart C. A vessel that is fishing 
within a GCA listed in this paragraph (d) with trawl gear authorized for 
use within a GCA may not have any other type of trawl gear on board the 
vessel. The following GCAs apply to vessels participating in the limited 
entry trawl fishery. Additional closed areas that specifically apply to 
the Pacific whiting fisheries are described at Sec. 660.131(c), subpart 
D.
    (1) Cowcod conservation areas (CCAs). Vessels using limited entry 
trawl gear are prohibited from fishing within the CCAs. See Sec. 660.70 
for the coordinates that define the CCAs. Limited entry trawl vessels 
may transit through the Western CCA with their gear stowed and 
groundfish on board only in a corridor through the Western CCA bounded 
on the north by the latitude line at 33[deg]00.50' N. lat., and bounded 
on the south by the latitude line at 32[deg]59.50' N. lat. It is 
unlawful to take and retain, possess, or land groundfish within the 
CCAs, except as authorized in this paragraph, when those waters are open 
to fishing.
    (2) Farallon islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. (See Sec. 660.70, subpart C)
    (3) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks as 
defined by specific latitude and longitude coordinates at Sec. 660.70, 
subpart C.
    (4) Trawl rockfish conservation areas. The trawl RCAs are closed 
areas, defined by specific latitude and longitude coordinates which are 
specified at Sec. Sec. 660.70 through 660.74, subpart C. Boundaries for 
the trawl RCAs applicable to groundfish trawl vessels throughout the 
year are provided in the header to Table 1 (North) and Table 1 (South) 
of this subpart and may be modified by NMFS inseason pursuant to Sec. 
660.60(c), subpart C.
    (i) It is unlawful to operate a vessel with trawl gear onboard 
within the trawl RCA, except for the purpose of continuous transiting, 
or when the use of trawl gear is authorized in this section. It is 
lawful to fish with groundfish trawl gear within the trawl RCA only 
under the following conditions: vessels fishing with midwater trawl gear 
on Pacific whiting trips during the primary whiting season, provided a 
valid declaration report has been filed with NMFS OLE, as required at 
Sec. 660.12(d), subpart C; and vessels fishing with demersal seine gear 
between 38[deg] N. lat. and 36[deg] N. lat. shoreward of a boundary line 
approximating the 100 fm (183 m) depth contour as defined at Sec. 
660.73, subpart C, provided a valid declaration report has been filed.
    (ii) Trawl vessels may transit through an applicable GCA, with or 
without groundfish on board, provided all groundfish trawl gear is 
stowed either: below deck; or if the gear cannot

[[Page 88]]

readily be moved, in a secured and covered manner, detached from all 
towing lines, so that it is rendered unusable for fishing; or remaining 
on deck uncovered if the trawl doors are hung from their stanchions and 
the net is disconnected from the doors. These restrictions do not apply 
to vessels fishing with midwater trawl gear for whiting during a primary 
season.
    (iii) It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry trawl gear within the trawl RCA, unless 
otherwise authorized in this section.
    (iv) If a vessel fishes in the trawl RCA, it may not participate in 
any fishing on that trip that is prohibited within the trawl RCA. [For 
example, if a vessel fishes in the pink shrimp fishery within the RCA, 
the vessel cannot on the same trip fish in the DTS fishery seaward of 
the RCA.] Nothing in these Federal regulations supersedes any state 
regulations that may prohibit trawling shoreward of the fishery 
management area (3-200 nm).
    (5) Essential fish habitat conservation areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec. 660.75 through 660.79, 
subpart C, where specified types of fishing are prohibited in accordance 
with Sec. 660.12, subpart C. EFHCAs apply to vessels using bottom trawl 
gear or to vessels using ``bottom contact gear,'' which is defined at 
Sec. 660.11, subpart C, to include bottom trawl gear, among other gear 
types.
    (i) The following EFHCAs apply to vessels operating within the West 
Coast EEZ with bottom trawl gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters of 
depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.75 and 
660.76, subpart C.
    (B) Shoreward of a boundary line approximating the 100-fm (183-m) 
depth contour. Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as defined 
by specific latitude and longitude coordinates at Sec. 660.73, subpart 
C.
    (C) EFHCAs for all bottom trawl gear. Fishing with bottom trawl gear 
is prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. Sec. 660.77 through 660.78, 
subpart C: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, 
Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/
Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater 
off Coos Bay, Bandon High Spot, Rogue Canyon.
    (D) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with bottom trawl gear except demersal seine gear (defined at 
Sec. 660.11, subpart C) is prohibited within the following EFHCAs, 
which are defined by specific latitude and longitude coordinates at 
Sec. 660.79, subpart C: Eel River Canyon, Blunts Reef, Mendocino Ridge, 
Delgada Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic 
Area, Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half 
Moon Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San 
Luis, East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank 
(within Cowcod Conservation Area West), Catalina Island, Potato Bank 
(within Cowcod Conservation Area West), Cherry Bank (within Cowcod 
Conservation Area West), and Cowcod EFH Conservation Area East.
    (ii) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear, including bottom trawl gear is 
prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. Sec. 660.75 through 660.79, 
subpart C: Thompson Seamount, President Jackson Seamount, Cordell Bank 
(50 fm (91 m) isobath), Harris Point, Richardson Rock, Scorpion, Painted 
Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk Point, 
Footprint, Gull Island, South Point, and Santa Barbara. Fishing with 
bottom contact gear is also prohibited within the Davidson Seamount EFH 
Area, which is defined with specific latitude and longitude coordinates 
at Sec. 660.75, subpart C.

[[Page 89]]



Sec. 660.131   Pacific whiting fishery management measures.

    (a) Sectors. In order for a vessel to fish in a particular whiting 
fishery sector after May 11, 2009, that vessel must be registered for 
use with a sector-specific Pacific whiting vessel license under Sec. 
660.26, subpart C.
    (1) The catcher/processor sector is composed of catcher/processors, 
which are vessels that harvest and process whiting during a calendar 
year.
    (2) The mothership sector is composed of motherships and catcher 
vessels that harvest whiting for delivery to motherships. Motherships 
are vessels that process, but do not harvest, whiting during a calendar 
year.
    (3) The shorebased sector is composed of vessels that harvest 
whiting for delivery to Pacific whiting shoreside first receivers. 
Notwithstanding the other provisions of 50 CFR part 660, subpart C or D, 
a vessel that is 75 feet or less LOA that harvests whiting and, in 
addition to heading and gutting, cuts the tail off and freezes the 
whiting, is not considered to be a catcher/processor nor is it 
considered to be processing fish. Such a vessel is considered a 
participant in the shorebased whiting sector, and is subject to 
regulations and allocations for that sector.
    (b) Pacific whiting seasons.
    (1) Primary seasons. The primary seasons for the whiting fishery 
are:
    (i) For the shorebased sector, the period(s) when the large-scale 
target fishery is conducted (when trip limits under paragraph (b) of 
this section are not in effect);
    (ii) For catcher/processors, the period(s) when at-sea processing is 
allowed and the fishery is open for the catcher/processor sector; and
    (iii) For vessels delivering to motherships, the period(s) when at-
sea processing is allowed and the fishery is open for the mothership 
sector.
    (2) Before and after the primary seasons. Before and after the 
primary seasons, trip landing or frequency limits may be imposed under 
Sec. 660.60(c). The sectors are defined at Sec. 660.60(a).
    (3) Different primary season start dates. North of 40[deg]30' N. 
lat., different starting dates may be established for the catcher/
processor sector, the mothership sector, catcher vessels delivering to 
shoreside processors north of 42[deg] N. lat., and catcher vessels 
delivering to shoreside processors between 42[deg] N. lat. through 
40[deg]30' N. lat.
    (i) Procedures. The primary seasons for the whiting fishery north of 
40[deg]30' 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.
    (ii) 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.
    (iii) Primary whiting season start dates and duration. After the 
start of a primary season for a sector of the whiting fishery, the 
season remains open for that sector until the quota is taken or a 
bycatch limit is reached and the fishery season for that sector is 
closed by NMFS. The starting dates for the primary seasons for the 
whiting fishery are as follows:
    (A) Catcher/processor sector--May 15.
    (B) Mothership sector--May 15.
    (C) Shorebased sector
    (1) North of 42[deg] N. lat.--June 15;
    (2) Between 42[deg]-40[deg]30' N. lat.--April 1; and
    (3) South of 40[deg]30' N. lat.--April 15.
    (4) Trip limits in the whiting fishery. The ``per trip'' limit for 
whiting before and after the regular (primary) season for the shorebased 
sector is announced in Table 1 of this subpart, and is a routine 
management measure under Sec. 660.60(c). This trip limit includes any 
whiting caught shoreward of 100-fm (183-m) in the Eureka, CA area. The 
``per trip'' limit for other groundfish species before, during, and 
after the

[[Page 90]]

regular (primary) season are announced in Table 1 (North) and Table 1 
(South) of this subpart and apply as follows:
    (i) During the groundfish cumulative limit periods both before and 
after the primary whiting season, vessels may use either small and/or 
large footrope gear, but are subject to the more restrictive trip limits 
for those entire cumulative periods.
    (ii) If, during a primary whiting season, a whiting vessel harvests 
a groundfish species other than whiting for which there is a midwater 
trip limit, then that vessel may also harvest up to another footrope-
specific limit for that species during any cumulative limit period that 
overlaps the start or end of the primary whiting season.
    (5) Bycatch limits in the whiting fishery. The bycatch limits for 
the whiting fishery may be established, adjusted, and used inseason to 
close a sector or sectors of the whiting fishery to achieve the 
rebuilding of an overfished or depleted stock. These limits are routine 
management measures under Sec. 660.60(c), subpart C, and, as such, may 
be adjusted inseason or may have new species added to the list of those 
with bycatch limits. Closure of a sector or sectors when a bycatch limit 
is projected to be reached is an automatic action under Sec. 660.60(d), 
subpart C.
    (i) The whiting fishery bycatch limit is apportioned among the 
sectors identified in paragraph (a) of this section based on the same 
percentages used to allocate whiting among the sectors, established in 
Sec. 660.55(i)(2), subpart C. The sector specific bycatch limits are: 
For catcher/processors 4.8 mt of canary rockfish, 95 mt of widow 
rockfish, and 8.5 mt of darkblotched rockfish; for motherships 3.3 mt of 
canary rockfish, 67 mt of widow rockfish, and 6.0 mt of darkblotched 
rockfish; and for shorebased 5.9 mt of canary rockfish, 117 mt of widow 
rockfish, and 10.5 mt of darkblotched rockfish.
    (ii) The Regional Administrator may make available for harvest to 
the other sectors of the whiting fishery identified in Sec. 660.131(a) 
of this subpart, the amounts of a sector's bycatch limit species 
remaining when a sector is closed because its whiting allocation or a 
bycatch limit has been reached or is projected to be reached. The 
remaining bycatch limit species shall be redistributed in proportion to 
each sector's initial whiting allocation. When considering 
redistribution of bycatch limits between the sectors of the whiting 
fishery, the Regional Administrator will take into consideration the 
best available data on total projected fishing impacts on the bycatch 
limit species, as well as impacts on other groundfish species.
    (iii) If a bycatch limit is reached or is projected to be reached, 
the following action, applicable to the sector may be taken.
    (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. 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. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the mothership 
sector.
    (C) Shorebased sector. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the shorebased 
sector except as authorized under a trip limit specified under Sec. 
660.60(c), subpart C.
    (iv) The Regional Administrator will announce in the Federal 
Register when a bycatch limit is reached, or is projected to be reached, 
specifying the action being taken as specified under paragraph (b)(5) of 
this section. The Regional Administrator will announce in the Federal 
Register any reapportionment of bycatch limit species. In order to 
prevent exceeding the bycatch limits or to avoid underutilizing the 
Pacific whiting resource, prohibitions against further taking and 
retaining,

[[Page 91]]

receiving, or at-sea processing of whiting, or reapportionment of 
bycatch limits species may be made effective immediately by actual 
notice to fishers and processors, by e-mail, Internet (http://
www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/
Whiting-Management/index.cfm), phone, fax, letter, press release, and/or 
USCG Notice to Mariners (monitor channel 16 VHF), followed by 
publication in the Federal Register.
    (6) Pacific whiting allocation attainment and inseason allocation 
reapportionment. (i) 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 (b)(6)(iv) 
of this section and will remain in effect until additional amounts are 
made available the next calendar year or under paragraph (b)(6)(ii) 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. 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. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the mothership 
sector.
    (C) Shore-based sector coastwide. Whiting may not be taken and 
retained, possessed, or landed by a catcher vessel participating in the 
shore-based sector except as authorized under a trip limit specified 
under Sec. 660.60(c).
    (D) Shore-based south of 42[deg] N. lat. If 5 percent of the shore-
based allocation for whiting is taken and retained south of 42[deg] N. 
lat. before the primary season for the shore-based sector begins north 
of 42[deg] N. lat., then a trip limit specified under Sec. 660.60(c) 
may be implemented south of 42[deg] N. lat. until the northern primary 
season begins, at which time the southern primary season would resume.
    (ii) Reapportionments. That portion of a sector's allocation that 
the Regional Administrator 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. 660.50 may also be made 
available.
    (iii) 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 
Pacific whiting that will be used by shore-based processors by the end 
of the calendar year will be based on the best information available to 
the Regional Administrator from state catch and landings data, the 
testimony received at Council meetings, and/or other relevant 
information.
    (iv) Announcements. The Regional 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 (b)(6)(i) 
of this section. The Regional Administrator will announce in the Federal 
Register any reapportionment of surplus whiting to others 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 fishers and processors, by e-
mail, internet (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-
Fishery-Management/Whiting-Management/index.cfm), phone, fax, letter, 
press release, and/or USCG Notice to Mariners (monitor

[[Page 92]]

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.
    (c) Closed areas. Pacific whiting may not be taken and retained in 
the following portions of the fishery management area:
    (1) Klamath river salmon conservation zone. The ocean area 
surrounding the Klamath River mouth bounded on the north by 
41[deg]38.80' N. lat. (approximately 6 nm north of the Klamath River 
mouth), on the west by 124[deg]23' W. long. (approximately 12 nm from 
shore), and on the south by 41[deg]26.80' N. lat. (approximately 6 nm 
south of the Klamath River mouth).
    (2) Columbia river salmon conservation zone. The ocean area 
surrounding the Columbia River mouth bounded by a line extending for 6 
nm due west from North Head along 46[deg]18' N. lat. to 124[deg]13.30' 
W. long., then southerly along a line of 167 True to 46[deg]11.10' N. 
lat. and 124[deg]11' W. long. (Columbia River Buoy), then northeast 
along Red Buoy Line to the tip of the south jetty.
    (3) Ocean salmon conservation zone. All waters shoreward of a 
boundary line approximating the 100 fm (183 m) depth contour. Latitude 
and longitude coordinates defining the boundary line approximating the 
100 fm (183 m) depth contour are provided at Sec. 660.73, subpart C. 
This closure will be implemented through automatic action, defined at 
Sec. 660.60(d), subpart C, when NMFS projects the Pacific whiting 
fishery may take in excess of 11,000 Chinook within a calendar year.
    (4) Pacific whiting bycatch reduction areas (BRAs). Vessels using 
limited entry midwater trawl gear during the primary whiting season may 
be prohibited from fishing shoreward of a boundary line approximating 
the 75-fm (137-m), 100-fm (183-m) or 150-fm (274-m) depth contours. 
Latitude and longitude coordinates for the boundary lines approximating 
the depth contours are provided at Sec. 660.73, subpart C. Closures may 
be implemented inseason for a sector(s) through automatic action, 
defined at Sec. 660.60(d), subpart C, when NMFS projects that a sector 
will exceed a bycatch limit specified for that sector before the 
sector's whiting allocation is projected to be reached.
    (d) Eureka area trip limits. Trip landing or frequency limits may be 
established, modified, or removed under Sec. 660.60, subpart C, or 
Sec. 660.131, subpart D, 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 00' to 40 30' N. 
lat.). Unless otherwise specified, no more than 10,000-lb (4,536 kg) of 
whiting 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 fm (183 m) contour (as shown on 
NOAA Charts 18580, 18600, and 18620) in the Eureka management area 
(defined at Sec. 660.11, subpart C).
    (e) At-sea processing. Whiting may not be processed at sea south of 
42[deg]00' N. lat. (Oregon-California border), unless by a waste-
processing vessel as authorized under paragraph (i) of this section.
    (f) Time of day. Pacific whiting may not be taken and retained by 
any vessel in the fishery management area south of 42[deg]00' N. lat. 
between 0001 hours to one-half hour after official sunrise (local time). 
During this time south of 42[deg]00' N. lat., trawl doors must be on 
board any vessel used to fish for whiting and the trawl must be attached 
to the trawl doors. Official sunrise is determined, to the nearest 
5[deg] lat., in The Nautical Almanac issued annually by the Nautical 
Almanac Office, U.S. Naval Observatory, and available from the U.S. 
Government Printing Office.
    (g) Additional restrictions on catcher/processors. (1) 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 (g)(3) of 
this section.
    (2) A catcher/processor may not also act as a catcher vessel 
delivering unprocessed whiting to another processor in the same calendar 
year.

[[Page 93]]

    (3) When renewing its limited entry permit each year under Sec. 
660.25, subpart C, 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 be made by 
the permit holder and granted in writing by the Regional Administrator 
before any unprocessed whiting has been taken on board the vessel that 
calendar year.
    (h) Pacific whiting first receivers. (1) Pacific whiting shoreside 
first receivers and processors may receive groundfish species, other 
than Pacific Whiting, that is in excess of trip limits from a Pacific 
whiting shoreside vessel that is fishing under an EFP that authorizes 
the vessel to possess the catch.
    (i) 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 (h)(2) 
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 fish under 
in the bycatch reduction 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.]
    (ii) [Reserved]
    (2) Conditions. Conditions for participating in the voluntary full 
utilization program are as follows:
    (i) All catch must be made available to the observers for sampling 
before it is sorted by the crew.
    (ii) Any retained catch in excess of cumulative trip limits must 
either be: Converted to meal, mince, or oil products, which may then be 
sold; or 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.
    (iii) 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.
    (iv) 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.
    (v) 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.
    (vi) Prohibited species may not be retained.
    (vii) 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

[[Page 94]]

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.
    (j) 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:
    (1) 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).
    (2) The amount of whole whiting on board does not exceed the trip 
limit (if any) allowed under Sec. 660.60(c), subpart C, or Tables 1 
(North) or 1 (South) in subpart D.
    (3) 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.
    (4) The vessel does not receive codends containing fish.
    (5) The vessel's operations are consistent with applicable state and 
Federal law, including those governing disposal of fish waste at sea.
    (k) Additional requirements for participants in the Pacific whiting 
shoreside fishery--(1) Pacific whiting shoreside first receiver 
responsibilities--(i) Weights and measures. All groundfish weights 
reported on electronic fish tickets must be recorded from scales with 
appropriate weighing capacity that ensures accuracy for the amount of 
fish being weighed. For example: amounts of fish less than 1,000-lb (454 
kg) should not be weighed on scales that have an accuracy range of 
1,000-lb to 7,000-lb (454--3,175 kg) and are therefore not capable of 
accurately weighing amounts less than 1,000-lb (454 kg).
    (ii) [Reserved]
    (2) Sorting requirements for the Pacific whiting shoreside fishery. 
Fish delivered to Pacific whiting shoreside first receivers (including 
shoreside processing facilities and buying stations that intend to 
transport catch for processing elsewhere) must be sorted, prior to first 
weighing after offloading from the vessel and prior to transport away 
from the point of landing, to the species groups specified in Sec. 
660.60(h)(6), subpart C, for vessels with limited entry permits. 
Prohibited species must be sorted according to the following species 
groups: Dungeness crab, Pacific halibut, Chinook salmon, Other salmon. 
Non-groundfish species must be sorted as required by the state of 
landing.



Sec. 660.140  Shorebased IFQ Program.

    (a) General. The Shorebased IFQ Program requirements in Sec. 
660.140 will be effective beginning January 1, 2011, except for 
paragraphs (d)(4), (d)(6), and (d)(8) of this section, which are 
effective immediately. The Shorebased IFQ Program applies to qualified 
participants in the Pacific Coast Groundfish fishery and includes a 
system of transferable QS for most groundfish species or species groups, 
IBQ for Pacific halibut, and trip limits or set-asides for the remaining 
groundfish species or species groups. The IFQ Program is subject to area 
restrictions (GCAs, RCAs, and EFHCAs) listed at Sec. Sec. 660.70 
through 660.79, subpart C. The

[[Page 95]]

Shorebased IFQ Program may be restricted or closed as a result of 
projected overages within the Shorebased IFQ Program, the MS Coop 
Program, or the C/P Coop Program. As determined necessary by the 
Regional Administrator, area restrictions, season closures, or other 
measures will be used to prevent the trawl sector in aggregate or the 
individual trawl sectors (Shorebased IFQ, MS Coop, or C/P Coop) from 
exceeding an OY, or formal allocation specified in the PCGFMP or 
regulation at Sec. 660.55, subpart C, or Sec. Sec. 660.140, 660.150, 
or 660.160, subpart D.
    (b) Participation requirements. [Reserved]
    (1) QS permit owners. [Reserved]
    (2) IFQ vessels. [Reserved]
    (c) IFQ species and allocations.
    (1) IFQ species. IFQ species are those groundfish species and 
Pacific halibut in the exclusive economic zone or adjacent state waters 
off Washington, Oregon and California, under the jurisdiction of the 
Pacific Fishery Management Council, for which QS and IBQ will be issued. 
QS and IBQ will specify designations for the species/species groups and 
area to which it applies. QS and QP species groupings and area 
subdivisions will be those for which OYs are specified in the Tables 1a 
through 2d, subpart C, and those for which there is an area-specific 
precautionary harvest policy. QS for remaining minor rockfish will be 
aggregated for the shelf and slope depth strata (nearshore species are 
excluded). The following are the IFQ species:

                               IFQ Species
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 
--------------------------------Roundfish-------------------------------
------------------------------------------------------------------------
Lingcod.
Pacific cod.
Pacific whiting.
Sablefish north of 36[deg] N. lat.
Sablefish south of 36[deg] N. lat.
------------------------------------------------------------------------
                                Flatfish
------------------------------------------------------------------------
Dover sole.
English sole.
Petrale sole.
Arrowtooth flounder.
Starry flounder.
Other Flatfish stock complex.
Pacific halibut (IBQ) north of 40[deg]10'.
------------------------------------------------------------------------
                                Rockfish
------------------------------------------------------------------------
Pacific ocean perch.
Widow rockfish.
Canary rockfish.
Chilipepper rockfish.
Bocaccio.
Splitnose rockfish.
Yellowtail rockfish.
Shortspine thornyhead north of 34[deg]27' N. lat.
Shortspine thornyhead south of 34[deg]27' N. lat.
Longspine thornyhead north of 34[deg]27' N. lat.
Cowcod.
Darkblotched.
Yelloweye.
Minor Rockfish North slope species complex.
Minor Rockfish North shelf species complex.
Minor Rockfish South slope species complex.
Minor Rockfish South shelf species complex.
------------------------------------------------------------------------

     (2) IFQ program allocations. Allocations for the Shorebased IFQ 
Program are determined for IFQ species as follows:
    (i) For Pacific whiting, the Shorebased IFQ Program allocation is 
specified at Sec. 660.55(i)(2), subpart C, 42 percent.
    (ii) For Sablefish N. of 36[deg] N. lat., the Shorebased IFQ Program 
allocation is the limited entry trawl allocation specified at Sec. 
660.55(h), subpart C, minus any set-asides for the mothership and C/P 
sectors for that species.
    (iii) For IFQ species listed in the trawl/nontrawl allocation table, 
specified at Sec. 660.55(c), subpart C, allocations are determined by 
applying the trawl column percent to the fishery harvest guideline minus 
any set-asides for the mothership and C/P sectors for that species and 
minus allocations for darkblotched rockfish, POP, and widow rockfish.
    (iv) The remaining IFQ species (canary rockfish, bocaccio, cowcod, 
yelloweye rockfish, minor shelf rockfish N. of 40[deg]10' N. lat., and 
minor shelf rockfish S. of 40[deg]10' N. lat., and minor slope rockfish 
S. of 40[deg]10' N. lat.) are allocated through the biennial 
specifications and management measures process minus any set-asides for 
the mothership and C/P sectors for that species.
    (v) For Pacific halibut N. of 40[deg]10' N. lat., the Shorebased IFQ 
Program allocation is specified at 660.55(m).
    (vi) Annual sub-allocations of IFQ species to individual QS permits 
and QS accounts are based on the percent of QS or IBQ registered to the 
account

[[Page 96]]

and the amount of fish or bycatch mortality allocated to the Shorebased 
IFQ Program.
    (d) QS permits and QS accounts--(1) General. In order to obtain QS 
or IBQ, a person must apply for a QS permit. NMFS will determine if the 
applicant is eligible to acquire QS or IBQ in compliance with the 
accumulation limits found at paragraph (d)(4) of this section. For those 
persons that are found to be eligible for a QS permit, NMFS will issue 
QS or IBQ and establish a QS account. QP or IBQ pounds will be issued 
annually at the start of the calendar year to a QS account based on the 
percent of QS or IBQ registered to the account and the amount of fish or 
bycatch mortality allocated to the Shorebased IFQ Program. QP or IBQ 
pounds will be issued to the nearest whole pound using standard rounding 
rules (i.e. decimal amounts from zero up to 0.5 round down and 0.5 up to 
1.0 round up), except that issuance of QP for overfished species greater 
than zero but less than one pound will be rounded up to one pound in the 
first year of the Shorebased IFQ Program. QS or IBQ owners must transfer 
their QP or IBQ pounds from their QS account to a vessel account in 
order for those QP or IBQ pounds to be fished. QP or IBQ pounds must be 
transferred in whole pounds (i.e. no fraction of a QP or IBQ pound can 
be transferred). All QP or IBQ pounds in a QS account must be 
transferred to a vessel account by September 1 of each year.
    (2) Eligibility and registration. [Reserved]
    (3) Renewal, change of permit ownership, and transfer. [Reserved]
    (4) Accumulation limits--(i) QS and IBQ control limits. QS and IBQ 
control limits are accumulation limits and are the amount of QS and IBQ 
that a person, individually or collectively, may own or control. QS and 
IBQ control limits are expressed as a percentage of the Shorebased IFQ 
Program's allocation.
    (A) Control limits for individual species. No person may own or 
control, or have a controlling influence over, by any means whatsoever 
an amount of QS or IBQ for any individual species that exceeds the 
Shorebased IFQ Program accumulation limits.
    (B) Control limit for aggregate nonwhiting QS holdings. To determine 
how much aggregate nonwhiting QS a person holds, NMFS will convert the 
person's QS to pounds. This conversion will always be conducted using 
the trawl allocations applied to the 2010 OYs, until such time as the 
Council recommends otherwise. Specifically, NMFS will multiply each 
person's QS for each species by the shoreside trawl allocation for that 
species. The person's pounds for all nonwhiting species will be summed 
and divided by the shoreside trawl allocation of all nonwhiting species 
to calculate the person's share of the aggregate nonwhiting trawl quota. 
To determine the shoreside trawl allocation for the purpose of 
determining compliance with the aggregate nonwhiting control limit, for 
species that have specific trawl allocation percentages in Amendment 21, 
NMFS will apply the Amendment 21 trawl allocation percentages to (set 
forth at Sec. 660.55) the 2010 OYs, and where applicable, will deduct 
the preliminary set-asides for the at-sea sectors from Amendment 21. For 
species that do not have specific trawl allocation percentages in 
Amendment 21, NMFS will apply a percentage based on the Northwest 
Fishery Science Center final report on 2010 estimated total fishing 
mortality of groundfish by sector, or, if the final report for 2010 is 
not available, based on the most recent report available.
    (C) The Shorebased IFQ Program accumulation limits are as follows:

------------------------------------------------------------------------
                                                        QS control limit
                   Species category                        (percent)
------------------------------------------------------------------------
Non-whiting Groundfish Species.......................                2.7
Lingcod--coastwide...................................                2.5
Pacific Cod..........................................               12.0
Pacific whiting (shoreside)..........................               10.0
Sablefish:
    N. of 36[deg] (Monterey north)...................                3.0
    S. of 36[deg] (Conception area)..................               10.0
PACIFIC OCEAN PERCH..................................                4.0
WIDOW ROCKFISH.......................................                5.1
CANARY ROCKFISH......................................                4.4
Chilipepper Rockfish.................................               10.0
BOCACCIO.............................................               13.2
Splitnose Rockfish...................................               10.0
Yellowtail Rockfish..................................                5.0
Shortspine Thornyhead:
    N. of 34[deg]27'.................................                6.0
    S. of 34[deg]27'.................................                6.0
Longspine Thornyhead:
    N. of 34[deg]27'.................................                6.0
COWCOD...............................................               17.7
DARKBLOTCHED.........................................                4.5

[[Page 97]]

 
YELLOWEYE............................................                5.7
Minor Rockfish North:
Shelf Species........................................                5.0
Slope Species........................................                5.0
Minor Rockfish South:
Shelf Species........................................                9.0
Slope Species........................................                6.0
Dover sole...........................................                2.6
English Sole.........................................                5.0
Petrale Sole.........................................                3.0
Arrowtooth Flounder..................................               10.0
Starry Flounder......................................               10.0
Other Flatfish.......................................               10.0
Pacific Halibut (IBQ) N. of 40[deg]10'...............                5.4
------------------------------------------------------------------------

     (ii) Ownership--individual and collective rule. The QS or IBQ that 
counts toward a person's accumulation limit will include:
    (A) The QS or IBQ owned by that person, and
    (B) That portion of the QS or IBQ owned by an entity in which that 
person has an economic or financial interest, where the person's share 
of interest in that entity will determine the portion of that entity's 
QS or IBQ that counts toward the person's limit.
    (iii) Control. Control means, but is not limited to, the following:
    (A) The person has the right to direct, or does direct, in whole or 
in part, the business of the entity to which the QS or IBQ are 
registered;
    (B) The person has the right to limit the actions of or replace, or 
does limit the actions of or replace, the chief executive officer, a 
majority of the board of directors, any general partner, or any person 
serving in a management capacity of the entity to which the QS or IBQ 
are registered;
    (C) The person has the right to direct, or does direct, and/or the 
right to prevent or delay, or does prevent or delay, the transfer of QS 
or IBQ, or the resulting QP or IBQ pounds;
    (D) The person, through loan covenants or any other means, has the 
right to restrict, or does restrict, and/or has a controlling influence 
over the day to day business activities or management policies of the 
entity to which the QS or IBQ are registered;
    (E) The person, excluding banks and other financial institutions 
that rely on QS or IBQ as collateral for loans, through loan covenants 
or any other means, has the right to restrict, or does restrict, any 
activity related to QS or IBQ or QP or IBQ pounds, including, but not 
limited to, use of QS or IBQ, or the resulting QP or IBQ pounds, or 
disposition of fish harvested under the resulting QP or IBQ pounds;
    (F) The person, excluding banks and other financial institutions 
that rely on QS or IBQ as collateral for loans, has the right to 
control, or does control, the management of, or to be a controlling 
factor in, the entity to which the QS or IBQ, or the resulting QP or IBQ 
pounds, are registered;
    (G) The person, excluding banks and other financial institutions 
that rely on QS or IBQ as collateral for loans, has the right to cause 
or prevent, or does cause or prevent, the sale, lease or other 
disposition of QS or IBQ, or the resulting QP or IBQ pounds; and
    (H) The person has the ability through any means whatsoever to 
control or have a controlling influence over the entity to which QS or 
IBQ is registered.
    (iv) Trawl identification of ownership interest form. Any person 
that owns a limited entry trawl permit and is applying for a QS permit 
shall document those persons that have an ownership interest in the 
limited entry trawl or QS permit greater than or equal to 2 percent. 
This ownership interest must be documented with SFD via the Trawl 
Identification of Ownership Interest Form. SFD will not issue a QS 
permit unless the Trawl Identification of Ownership Interest Form has 
been completed. Further, if SFD discovers through review of the Trawl 
Identification of Ownership Interest Form that a person owns or controls 
more than the accumulation limits and is not authorized to do so under 
paragraph (d)(4)(v) of this section, the person will be notified and the 
QS permit will be issued up to the accumulation limit specified in the 
QS or IBQ control limit table from paragraph (d)(4)(i) of this section. 
NMFS may request additional information of the applicant as necessary to 
verify compliance with accumulation limits.
    (v) Divestiture. Accumulation limits will be calculated by first 
calculating the aggregate nonwhiting QS limit and then the individual 
species QS or IBQ control limits. For QS permit owners

[[Page 98]]

(including any person who has ownership interest in the owner named on 
the permit) that are found to exceed the accumulation limits during the 
initial issuance of QS permits, an adjustment period will be provided 
after which they will have to completely divest of QS or IBQ in excess 
of the accumulation limits. QS or IBQ will be issued for amounts in 
excess of accumulation limits only for owners of limited entry permits 
transferred to them by November 8, 2008, if such transfers of ownership 
have been registered with NMFS by November 30, 2008. The owner of any 
permit transferred after November 8, 2008, or if transferred earlier, 
not registered with NMFS by November 30, 2008, will only be eligible to 
receive an initial allocation for that permit of those QS or IBQ that 
are within the accumulation limits; any QS or IBQ in excess of the 
accumulation limits will be redistributed to the remainder of the 
initial recipients of QS or IBQ in proportion to each recipient's 
initial allocation of QS or IBQ for each species. Any person that 
qualifies for an initial allocation of QS or IBQ in excess of the 
accumulation limits will be allowed to receive that allocation, but must 
divest themselves of the excess QS or IBQ during years three and four of 
the IFQ program. Holders of QS or IBQ in excess of the control limits 
may receive and use the QP or IBQ pounds associated with that excess, up 
to the time their divestiture is completed. At the end of year 4 of the 
IFQ program, any QS or IBQ held by a person (including any person who 
has ownership interest in the owner named on the permit) in excess of 
the accumulation limits will be revoked and redistributed to the 
remainder of the of the QS or IBQ owners in proportion to the QS or IBQ 
holdings in year 5. No compensation will be due for any revoked shares.
    (5) Appeals. [Reserved]
    (6) Fees. The Regional Administrator is authorized to charge fees 
for administrative costs associated with the issuance of a QS permit 
consistent with the provisions given at Sec. 660.25(f), subpart C.
    (7) [Reserved]
    (8) Application requirements and initial issuance for QS permit and 
QS/IBQ--(i) Additional definitions. The following definitions are 
applicable to paragraph (d)(8) of this section and apply to terms used 
for the purposes of application requirements and initial issuance of QS 
permits and QS/IBQ:
    (A) Nonwhiting trip means a fishing trip where less than 50 percent 
by weight of all fish reported on the state landing receipt is whiting.
    (B) PacFIN means the Pacific Fisheries Information Network of the 
Pacific States Marine Fisheries Commission.
    (C) Relative history means the landings history of a permit for a 
species, year, and area subdivision, divided by the total fleet history 
of the sector for that species, year, and area subdivision, as 
appropriate, or, in the case of shoreside processors, the annual sum of 
the shoreside processor's whiting receipts divided by the aggregate 
annual sum of whiting received by all shoreside processors in that year. 
Relative history is expressed as a percent.
    (D) Shoreside processor means an operation, working on U.S. soil, 
that takes delivery of trawl caught groundfish that has not been 
processed; and that thereafter engages that fish in shoreside 
processing. Entities that received fish that have not undergone at-sea 
processing or shoreside processing and sell that fish directly to 
consumers shall not be considered a processor for purposes of QS 
allocations. Shoreside processing is defined as either of the following:
    (1) Any activity that takes place shoreside; and that involves: 
Cutting groundfish into smaller portions; or freezing, cooking, smoking, 
drying groundfish; or packaging that groundfish for resale into 100 
pound units or smaller for sale or distribution into a wholesale or 
retail market.
    (2) The purchase and redistribution in to a wholesale or retail 
market of live groundfish from a harvesting vessel.
    (E) Whiting trip means a fishing trip where greater than or equal to 
50 percent by weight of all fish reported on the state landing receipt 
is whiting.
    (ii) Eligibility criteria for QS permit and QS/IBQ. Only the 
following persons are eligible to receive a QS permit or QS/IBQ:

[[Page 99]]

    (A) The owner of a valid trawl limited entry permit is eligible to 
receive a QS permit and its associated QS or IBQ amount. Any past 
landings history associated with the current limited entry trawl permit 
accrues to the current permit owner. NMFS will not recognize any person 
as the limited entry permit owner other than the person listed as 
limited entry permit owner in NMFS permit database. If a limited entry 
permit has history on state landing receipts and has been combined with 
a permit that has received or will receive a C/P endorsement, the trawl 
limited entry permit does not qualify for QS or IBQ.
    (B) Shoreside processors that meet the recent participation 
requirement of having received deliveries of 1 mt or more of whiting 
from whiting trips in each of any two years from 1998 through 2004 are 
eligible for an initial issuance of whiting QS. NMFS will initially 
identify shoreside processors by reference to Pacific whiting shoreside 
first receivers recorded on fish tickets in the relevant PacFIN dataset 
on July 1, 2010, subject to correction as described in paragraph 
(d)(8)(iv)(G) of this section.
    (iii) Steps for QS and IBQ allocation formulas. The QS and IBQ 
allocation formulas are applied in the following steps:
    (A) First, for each limited entry trawl permit owner, NMFS will 
determine a preliminary QS allocation for non-whiting trips.
    (B) Second, for each limited entry trawl permit owner, NMFS will 
determine a preliminary QS allocation for whiting trips.
    (C) Third, for each limited entry trawl permit owner, NMFS will 
combine the amounts resulting from paragraphs (d)(8)(iii)(A) and (B) of 
this section.
    (D) Fourth, NMFS will reduce the results for limited entry trawl 
permit owners by 10 percent of non-whiting species as a set aside for 
Adaptive Management Program (AMP) and by 20 percent of whiting for the 
initial issuance of QS allocated to qualifying shoreside processors.
    (E) Fifth, NMFS will determine the whiting QS allocation for 
qualifying shoreside processors from the 20 percent of whiting QS 
allocated to qualifying shoreside processors at initial issuance of QS.
    (F) Sixth, for each limited entry trawl permit owner, NMFS will 
determine the Pacific halibut IBQ allocation.
    (G) Seventh, for limited entry trawl permits transferred after 
November 8, 2008, or if transferred earlier, not registered with NMFS by 
November 30, 2008, for which NMFS determines the owners of such permits 
would exceed the accumulation limits specified at paragraph (d)(4) of 
this section based on the previous steps, NMFS will redistribute the 
excess QS or IBQ to other qualified QS permit owners within the 
accumulation limits.
    (iv) Allocation formula for specific QS and IBQ amounts--(A) 
Allocation formula rules. Unless otherwise specified, the following 
rules will be applied to data for the purpose of calculating an initial 
allocation of QS and IBQ:
    (1) For limited entry trawl permit owners, a permit will be assigned 
catch history or relative history based on the landing history of the 
vessel(s) associated with the permit at the time the landings were made.
    (2) The relevant PacFIN dataset includes species compositions based 
on port sampled data and applied to data at the vessel level.
    (3) Only landings of IFQ species which are caught in the exclusive 
economic zone or adjacent state waters off Washington, Oregon and 
California will be used for calculation of allocation formulas. For the 
purpose of allocation of IFQ species for which the QS or IBQ will be 
subdivided by area, catch areas have been assigned to landings of IFQ 
species reported on state landing receipts based on port of landing.
    (4) History from limited entry permits that have been combined with 
a permit that may qualify for a C/P endorsement and which has shorebased 
permit history will not be included in the preliminary QS and IBQ 
allocation formula, other than in the determination of fleet history 
used in the calculation of relative history for permits that do not have 
a C/P endorsement.
    (5) History of illegal landings and landings made under non-whiting 
EFPs that are in excess of the cumulative

[[Page 100]]

limits in place for the non-EFP fishery will not count toward the 
allocation of QS or IBQ.
    (6) The limited entry permit's landings history includes the 
landings history of permits that have been previously combined with that 
permit.
    (7) If two or more limited entry trawl permits have been 
simultaneously registered to the same vessel, NMFS will split the 
landing history evenly between all such limited entry trawl-endorsed 
permits during the time they were simultaneously registered to the 
vessel.
    (8) Unless otherwise noted, the calculation for QS or IBQ allocation 
under paragraph (d)(8) of this section will be based on state landing 
receipts (fish tickets) as recorded in the relevant PacFIN dataset on 
July 1, 2010.
    (9) For limited entry trawl permits, landings under provisional 
``A'' permits that did not become ``A'' permits and ``B'' permits will 
not count toward the allocation of QS or IBQ, other than in the 
determination of fleet history used in the calculation of relative 
history for permits that do not have a C/P endorsement.
    (10) For limited entry trawl permits, NMFS will calculate initial 
issuance of QS separately based on whiting trips and non-whiting trips, 
and will weigh each calculation according to initial issuance 
allocations between whiting trips and non-whiting trips, which are one-
time allocations necessary for the formulas used during the initial 
issuance of QS to create a single Shorebased IFQ Program. The initial 
issuance allocations between whiting and non-whiting trips for canary 
rockfish, bocaccio, cowcod, yelloweye rockfish, minor shelf rockfish N. 
of 40[deg]10', minor shelf rockfish S. of 40[deg]10', and minor slope 
rockfish S. of 40[deg]10' will be determined through the biennial 
specifications process. The initial issuance allocations for the 
remaining IFQ species are as follows:

------------------------------------------------------------------------
                                  Initial issuance allocation percentage
            Species             ----------------------------------------
                                   Non-whiting            Whiting
------------------------------------------------------------------------
Lingcod........................  99.7%..........  0.3%
Pacific Cod....................  99.9%..........  0.1%
Pacific Whiting................  0.1%...........  99.9%
Sablefish N. of 36[deg] N. lat.  98.2%..........  1.8%
Sablefish S. of 36[deg] N. lat.  100.0%.........  0.0%
PACIFIC OCEAN PERCH............  remaining......  17% or 30 mt,
                                                   whichever is greater,
                                                   to shorebased + at-
                                                   sea whiting.
                                                  If under rebuilding,
                                                   52% to shorebased +
                                                   at-sea whiting.
WIDOW..........................  remaining......  If stock rebuilt, 10%
                                                   or 500 mt, whichever
                                                   is greater, to
                                                   shorebased + at-sea
                                                   whiting.
Chilipepper S. of 40[deg]10' N.  100.0%.........  0.0%
 lat..
Splitnose S. of 40[deg]10' N.    100.0%.........  0.0%
 lat..
Yellowtail N. of 40[deg]10' N.   remaining......  300 mt.
 lat..
Shortspine N. of 34[deg]27' N.   99.9%..........  0.1%
 lat..
Shortspine S. of 34[deg]27' N.   100.0%.........  0.0%
 lat..
Longspine N. of 34[deg]27' N.    100.0%.........  0.0%
 lat..
DARKBLOTCHED...................  remaining......  9% or 25 mt, whichever
                                                   is greater, to
                                                   shorebased + at-sea
                                                   whiting.
Minor Slope Rockfish N. of       98.6%..........  1.4%
 40[deg]10' N. lat.
Dover Sole.....................  100.0%.........  0.0%
English Sole...................  99.9%..........  0.1%
Petrale Sole...................  100.0%.........  0.0%
Arrowtooth Flounder............  100.0%.........  0.0%
Starry Flounder................  100.0%.........  0.0%
Other Flatfish.................  99.9%..........  0.1%
------------------------------------------------------------------------

     (B) Preliminary QS allocation for nonwhiting trips. NMFS will 
calculate the non-whiting preliminary QS allocation differently for 
different species groups, Groups 1 through 3.
    (1) Allocation formula species groups. For the purposes of 
preliminary QS allocation, IFQ species will be grouped as follows:
    (i) Group 1 includes lingcod, Pacific cod, Pacific whiting, 
sablefish north of 36[deg] N. lat., sablefish south of 36[deg] N. lat., 
Dover sole, English sole, petrale sole, arrowtooth flounder, starry 
flounder, other flatfish stock complex, chilipepper rockfish, splitnose 
rockfish, yellowtail rockfish, shortspine thornyhead north of 34[deg]27' 
N. lat.,

[[Page 101]]

shortspine thornyhead south of 34[deg]27' N. lat., longspine thornyhead 
north of 34[deg]27' N. lat., minor rockfish north slope species complex, 
minor rockfish south slope species complex, minor rockfish north shelf 
species complex, and minor rockfish south shelf species complex.
    (ii) Group 2 includes bocaccio, cowcod, darkblotched rockfish, 
Pacific ocean perch, widow rockfish, and yelloweye rockfish.
    (iii) Group 3 includes canary rockfish.
    (2) Group 1 species: The preliminary QS allocation process indicated 
in paragraph (d)(8)(iii)(A) of this section for Group 1 species follows 
a two-step process, one to allocate a pool of QS equally among all 
eligible limited entry permits and the other to allocate the remainder 
of the preliminary QS based on permit history. Through these two 
processes, preliminary QS totaling 100 percent for each Group 1 species 
will be allocated. In later steps this amount will be adjusted and 
reduced as indicated in paragraph (d)(8)(iii)(C) and (D), to determine 
the QS allocation.
    (i) QS to be allocated equally. The pool of QS for equal allocation 
will be determined using the landings history from Federal limited entry 
groundfish permits that were retired through the Federal buyback program 
(i.e., buyback permit) (70 FR 45695, August 8, 2005). The QS pool 
associated with the buyback permits will be the buyback permit history 
as a percent of the total fleet history for the allocation period. The 
calculation will be based on total absolute pounds with no dropped years 
and no other adjustments. The QS pool will be divided equally among 
qualifying limited entry permits for all QS species/species groups and 
areas in Group 1.
    (ii) QS to be allocated based on each permit's history. The pool for 
QS allocation based on limited entry trawl permit history will be the QS 
remaining after subtracting out the QS allocated equally. This pool will 
be allocated to each qualifying limited entry trawl permit based on the 
permit's relative history from 1994 through 2003. For each limited entry 
trawl permit, NMFS will calculate a set of relative histories using the 
following methodology. First, NMFS will sum the permit's landings by 
each year for each Group 1 species/species group and area subdivision. 
Second, NMFS will divide each permit's annual sum for a particular 
species/species group and area subdivision by the shoreside limited 
entry trawl fleet's annual sum for the same species/species group and 
area subdivision. NMFS will then calculate a total relative history for 
each permit by species/species group and area subdivision by adding all 
relative histories for the permit together and subtracting the three 
years with the lowest relative history for the permit. The result for 
each permit by species/species group and areas subdivision will be 
divided by the aggregate sum of all total relative histories of all 
qualifying limited entry trawl permits for that species/species group 
and area subdivision. NMFS will then multiply the result from this 
calculation by the amount of QS in the pool to be allocated based on 
each permit's history.
    (3) Group 2 species: The preliminary QS allocation step indicated in 
paragraph (d)(8)(iii)(A) of this section will be calculated for each 
limited entry trawl permit using a formula based on QS allocations for 
each limited entry trawl permit for 11 target species, areas of 
distribution of fishing effort as determined from 2003-2006 target 
species catch data from the PacFIN Coastwide Trawl Logbook Database, 
average bycatch ratios for each area as derived from West Coast 
Groundfish Observer Program (WCGOP) data from 2003 through 2006, and the 
non-whiting initial issuance allocation of the limited entry trawl 
allocation amounts for 2011 for each of the 11 target species. These 
data are used in a series of sequential steps to estimate the allocation 
of Group 2 species to each limited entry trawl permit. Paragraphs 
(d)(8)(iv)(B)(3)(iii) to (vi) of this section estimate the permit's 
total 2003-2006 target species by area. Paragraphs (d)(8)(iv)(B)(3)(vii) 
to (xii) of this section project Group 2 species bycatch amounts using 
2003-2006 WCGOP observer ratios and the initial issuance allocation 
applied to the 2011 limited entry trawl allocation. Paragraphs 
(d)(8)(iv)(B)(3)(xiv) to (xvii) of this section convert these amounts 
into QS. As with Group 1 species, preliminary QS

[[Page 102]]

totaling 100 percent for each Group 2 species unit will be allocated and 
the amount of the allocations will be adjusted and reduced as indicated 
in paragraph (d)(8)(iii)(C) and (D) of this section to determine the QS 
allocation.
    (i) The 11 target species are arrowtooth flounder, starry flounder, 
other flatfish, Dover sole, English sole, petrale sole, minor slope 
rockfish, shortspine thornyheads, longspine thornyheads, sablefish, and 
Pacific cod.
    (ii) The 8 areas of distribution of fishing effort are defined 
latitudinally and by depth. The latitudinal areas are (a) north of 
47[deg]40 N. lat.; (b) between 47[deg]40 N. lat. and 43[deg]55' N. lat.; 
(c) 43[deg]55' N. lat. and 40[deg]10' N. lat.; and (d) south of 
40[deg]10' N. lat. Each latitudinal area is further divided by depth 
into areas shoreward and seaward of the trawl Rockfish Conservation Area 
as defined at Sec. 660.130(e)(4) of this subpart.
    (iii) For each limited entry trawl permit, NMFS will review the 
permit logbook data for that permit and sum target species catch 
recorded for the years 2003-2006, resulting in total target species 
catch in each area for each permit for the years 2003 through 2006 for 
all 11 target species in aggregate.
    (iv) For each limited entry trawl permit, NMFS will also sum target 
species catch by area into total coastwide target species catch for each 
permit for the years 2003 through 2006 for all 11 target species in 
aggregate. For practicability, seaward or shoreward of the RCA as 
identified in the logbook data is defined as being deeper than or 
shallower than 115 fathoms, respectively.
    (v) For each limited entry trawl permit, NMFS will divide logbook 
aggregate target species catch in each area (paragraph 
(d)(8)(iv)(B)(3)(iii) of this section) by the permit's total coastwide 
target species catch (paragraph (d)(8)(iv)(B)(3)(iv) of this section) to 
create a set of 8 area catch ratios for each permit. (Note: The sum of 
all area catch ratios equals 1 for each permit).
    (vi) For limited entry trawl permits where the vessel registered to 
the permit did not submit logbooks showing any catch of the 11 target 
species for any of the years 2003 through 2006, NMFS will use the 
following formula to calculate area target catch ratios: (a) NMFS will 
sum by area all limited entry trawl permits' total logbook area target 
catches from paragraph (d)(8)(iv)(B)(3)(iii) of this section, (b) NMFS 
will sum coastwide all limited entry trawl permits' total logbook target 
catches across all areas from paragraph (d)(8)(iv)(B)(3)(iv) of this 
section, and (c) NMFS will divide these sums (i.e., a/b) to create 
average permit logbook area target catch ratios.
    (vii) NMFS will calculate the 2011 non-whiting short term allocation 
amount for each of the 11 target species by multiplying the limited 
entry trawl allocation amounts for 2011 for each by the corresponding 
initial issuance allocation percentage for the non-whiting sector given 
in paragraph (d)(8)(iii)(A)(10) of this section or determined through 
the biennial specifications process, as applicable.
    (viii) For each limited entry trawl permit, NMFS will obtain the 
percentage of the limited entry trawl permit initial QS allocation for 
each of the 11 target species resulting from paragraph (d)(8)(iv)(B)(2) 
of this section.
    (ix) NMFS will calculate each limited entry trawl permit's projected 
non-whiting sector quota pounds for 2011 by multiplying the 2011 non-
whiting sector initial issuance allocation amounts for each of the 11 
target species from paragraph (d)(8)(iv)(B)(3)(vii) of this section by 
each permit's target species QS allocation percentage from paragraph 
(d)(8)(iv)(B)(3)(viii) of this section.
    (x) For each limited entry trawl permit, NMFS will sum the projected 
quota pounds for the 11 target species from paragraph 
(d)(8)(iv)(B)(3)(ix) of this section to get a total projected weight of 
all 11 target species for the limited entry trawl permit.
    (xi) For each limited entry trawl permit, NMFS will estimate the 
permit's total incidental catch of Group 2 species by area by 
multiplying the projected 2011 total weight of all 11 target species by 
the applicable area catch ratio for each area as calculated in either 
paragraph (d)(8)(iv)(B)(3)(v) of this section (permits with logbook 
data) or paragraph (d)(8)(iv)(B)(3)(vi) of this section (permits without 
logbook data).
    (xii) NMFS will apply WCGOP average bycatch ratios for each Group 2

[[Page 103]]

species (observed Group 2 species catch/total target species catch) by 
area. The WCGOP average bycatch ratios are as follows:

------------------------------------------------------------------------
                    Area                        Shoreward      Seaward
------------------------------------------------------------------------
                                Bocaccio
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................  ............  ............
43[deg]55' N. lat. to 47[deg]40' N. lat.....  ............  ............
40[deg]10' N. lat. to 43[deg]55' N. lat.....  ............  ............
S. of 40[deg]10' N. lat.....................   0.019013759   0.001794203
------------------------------------------------------------------------
                                 Cowcod
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................  ............  ............
43[deg]55' N. lat. to 47[deg]40' N. lat.....  ............  ............
40[deg]10' N. lat. to 43[deg]55' N. lat.....  ............  ............
S. of 40[deg]10' N. lat.....................   0.001285088   0.000050510
------------------------------------------------------------------------
                              Darkblotched
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.001560461   0.009950330
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.002238054   0.018835786
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.002184788   0.015025697
S. of 40[deg]10' N. lat.....................   0.000006951   0.004783988
------------------------------------------------------------------------
                           Pacific ocean perch
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.001069954   0.019848047
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.000110802   0.015831815
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.000148715   0.001367645
S. of 40[deg]10' N. lat.....................  ............  ............
------------------------------------------------------------------------
                                  Widow
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.000132332   0.000065291
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.000387346   0.000755163
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.000175128   0.000008118
S. of 40[deg]10' N. lat.....................   0.001049485   0.000676828
------------------------------------------------------------------------
                                Yelloweye
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.000334697   0.000006363
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.000083951   0.000010980
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.000128942   0.000006300
S. of 40[deg]10' N. lat.....................   0.000094029  ............
------------------------------------------------------------------------

     (xiii) For each limited entry trawl permit, NMFS will calculate 
projected Group 2 species amounts by area by multiplying the limited 
entry trawl permit's projected 2011 total weight of all target species 
by area from paragraph (d)(8)(iv)(B)(3)(xi) of this section by the 
applicable average bycatch ratio for each Group 2 species and 
corresponding area of paragraph (d)(8)(iv)(B)(3)(xii) of this section.
    (xiv) For each limited entry trawl permit, NMFS will sum all area 
amounts for each Group 2 species from paragraph (d)(8)(iv)(B)(3)(xiii) 
of this section to calculate the total projected amounts of each Group 2 
species for each limited entry trawl permit.
    (xv) NMFS will sum all limited entry trawl permits' projected Group 
2 species amounts from paragraph (d)(8)(iv)(B)(3)(xiv) of this section 
to calculate coastwide total projected amounts for each Group 2 species.
    (xvi) NMFS will estimate preliminary QS for each limited entry trawl 
permit for each Group 2 species by dividing each limited entry trawl 
permit's total projected amount of each Group 2 species from paragraph 
(d)(8)(iv)(B)(3)(xiv) of this section by the coastwide total projected 
amount for that species from paragraph (d)(8)(iv)(B)(3)(xv) of this 
section.
    (4) Group 3 Species: (i) The preliminary QS allocation step 
indicated in paragraph (d)(8)(iii)(A) of this section will be performed 
in two calculations that result in the division of preliminary QS 
allocation into two pools, one to allocate QS equally among all eligible 
limited entry permits, using the approach identified for Group 1 species 
in paragraph (d)(8)(iv)(B)(2)(i) of this section, and the other to 
allocate QS using a formula based on QS allocations for target species 
and areas fished, using the approach identified for Group 2 species in 
paragraph (d)(8)(iv)(B)(3) of this section, using the following WCGOP 
average bycatch rates:

                                 Canary
------------------------------------------------------------------------
                    Area                        Shoreward      Seaward
------------------------------------------------------------------------
N. of 47[deg]40' N. lat.....................   0.008041898   0.000030522
43[deg]55' N. lat. to 47[deg]40' N. lat.....   0.003081830   0.000142136
40[deg]10' N. lat. to 43[deg]55' N. lat.....   0.008716148   0.000021431
S. of 40[deg]10' N. lat.....................   0.001581194   0.000009132
------------------------------------------------------------------------

     (ii) Through these two processes, preliminary QS totaling 100 
percent for each species will be allocated. In later steps, this amount 
will be adjusted and reduced as indicated in paragraphs (d)(8)(iii)(C) 
and (D) of this section to determine the QS allocation. In combining the 
two QS pools for each permit, the equal allocation portion is weighted 
according to the process in paragraph (d)(8)(iv)(B)(2)(i) of this 
section, and the portion calculated based on allocations for target 
species and areas fished is weighted according to the process in 
(d)(8)(iv)(B)(2)(ii) of this section.
    (C) Preliminary QS allocation for whiting trips. The preliminary QS 
allocation based on whiting trips as indicated

[[Page 104]]

in paragraph (d)(8)(iii)(B) of this section for limited entry trawl 
permits follows a two step process, one to allocate a pool of QS equally 
among all eligible limited entry permits and the other to allocate the 
remainder of the preliminary QS based on permit history. Through these 
two processes, preliminary QS totaling 100 percent for each species will 
be allocated. In later steps, this amount will be adjusted and reduced, 
as indicated in paragraphs (d)(8)(iii)(C) and (D) of this section, to 
determine the QS allocation.
    (1) QS to be allocated equally. The pool of QS for equal allocation 
will be determined using the whiting trip landings history from Federal 
limited entry groundfish permits that were retired through the Federal 
buyback program (i.e., buyback permit) (70 FR 45695, August 8, 2005). 
For each species, the whiting trip QS pool associated with the buyback 
permits will be the buyback permit history as a percent of the total 
fleet history for the allocation period. The calculation will be based 
on total absolute pounds with no dropped years and no other adjustments. 
The whiting trip QS pool associated with the buyback permits will be 
divided equally among all qualifying limited entry permits for each 
species.
    (2) QS to be allocated based on each permit's history. The pool for 
QS allocation based on each limited entry trawl permit's history will be 
the QS remaining after subtracting out the QS associated with the 
buyback permits allocated equally.
    (i) Whiting QS allocated based on each permit's history. Whiting QS 
based on each limited entry trawl permit's history will be allocated 
based on the permit's relative history from 1994 through 2003. For each 
limited entry trawl permit, NMFS will calculate a whiting relative 
history for each qualifying year, as follows. First, NMFS will sum the 
permit's history of landings of whiting from whiting trips for each 
year. Second, NMFS will divide each permit's annual sum of whiting from 
whiting trips by the shoreside limited entry trawl fleet's annual sum of 
whiting. NMFS will then calculate a total relative history for each 
permit by adding all relative histories for the permit together and 
subtracting the two years with the lowest relative history. NMFS will 
then divide the result for each permit by the total relative history for 
whiting of all qualifying limited entry trawl permits. The result from 
this calculation will then be multiplied by the amount of whiting QS in 
the pool to be allocated based on each permit's history.
    (ii) Other incidentally caught species QS allocation for eligible 
limited entry trawl permit owners. Other incidentally caught species 
from the QS remaining after subtracting out the QS associated with the 
buyback permits will be allocated pro-rata based on each limited entry 
trawl permit's whiting QS from whiting trips. Pro-rata means a percent 
that is equal to the percent of whiting QS.
    (D) QS from limited entry permits calculated separately for non-
whiting trips and whiting trips. NMFS will calculate the portion of QS 
for each species which a permit receives based on non-whiting trips and 
whiting trips separately and will weight each preliminary QS in 
proportion to the initial issuance allocation percentage between whiting 
trips and non-whiting trips for that species in paragraph 
(d)(8)(iv)(A)(10) of this section or determined through the biennial 
specifications process, as applicable.
    (1) Nonwhiting trips. To determine the amount of QS of each species 
for non-whiting trips for each limited entry trawl permit, NMFS will 
multiply the preliminary QS for the permit from paragraph (d)(8)(iii)(A) 
of this section for each species by the initial issuance allocation 
percentage for that species for non-whiting trips.
    (2) Whiting trips. To determine the amount of QS of each species for 
whiting trips for each limited entry trawl permit, NMFS will multiply 
the preliminary QS from paragraph (d)(8)(iii)(B) of this section for 
each species by the initial issuance allocation percentage for that 
species for whiting trips.
    (E) QS for each limited entry trawl permit. For each limited entry 
trawl permit, NMFS will add the results for the permit from paragraphs 
(d)(8)(iv)(D)(1) and (D)(2) of this section in order to determine the 
total QS for each species on that permit.

[[Page 105]]

    (F) Adjustment for AMP set-aside and shoreside processor initial 
issuance allocations. NMFS will reduce the non-whiting QS allocation to 
each limited entry trawl permit by 10 percent, for a QS set-aside to 
AMP. NMFS will reduce the whiting QS allocation to each limited entry 
trawl permit by 20 percent for the initial QS allocation to shoreside 
processors.
    (G) Allocation of initial issuance of whiting QS for shoreside 
processors. NMFS will calculate the amount of whiting QS available to 
shoreside processors from the 20 percent adjustment of whiting QS 
allocations in paragraph (d)(8)(iv)(F) of this section. For each 
eligible shoreside processor, whiting QS will be allocated based on the 
eligible shoreside processor's relative history from 1998 through 2004. 
Only the deliveries for which the shoreside processor is the first 
processor of the fish will be used in the calculation of whiting 
relative history.
    (1) For each shoreside processor which has received deliveries of at 
least 1 mt of whiting from whiting trips in each of any two years from 
1998 through 2004, NMFS will calculate a whiting relative history for 
each qualifying year, as follows. First, NMFS will sum the shoreside 
processor's receipts of whiting for each year. Second, NMFS will 
calculate the relative history for each year by dividing each shoreside 
processor's annual sum of whiting receipts by the aggregate annual sum 
of whiting received by all shoreside processors in that year. NMFS will 
then calculate a total relative history for each shoreside processor by 
adding all relative histories for the shoreside processor together and 
subtracting the two years with the lowest relative history. NMFS will 
then divide the result for each shoreside processor by the aggregate sum 
of all total relative histories for whiting by all qualifying shoreside 
processors. The result from this calculation will then be multiplied by 
20 percent to determine the shoreside processor's whiting QS.
    (2) For purposes of making an initial issuance of whiting QS to a 
shoreside processor, NMFS will attribute landing history to the Pacific 
whiting shoreside first receiver reported on the landing receipt (the 
entity responsible for filling out the state landing receipt) as 
recorded in the relevant PacFIN dataset on July 1, 2010. History may be 
reassigned to a shoreside processor not on the state landings receipt as 
described at paragraph (d)(8)(vi)(B) of this section.
    (H) Allocation of Pacific halibut IBQ for each limited entry trawl 
permit. For each eligible limited entry trawl permit owner, NMFS will 
calculate Pacific halibut individual bycatch quota (IBQ) for the area 
north of 40[deg]10' N. lat. using a formula based on (a) QS allocations 
for each limited entry trawl permit for two target species, (b) areas of 
distribution of fishing effort as determined from 2003-2006 target 
species catch data from the PacFIN Coastwide Trawl Logbook Database, (c) 
average bycatch ratios for each area as derived from WCGOP data from 
2003 through 2006, and (d) the non-whiting initial issuance allocation 
of the limited entry trawl allocation amounts for 2011 for arrowtooth 
and petrale sole. These data are used in a series of sequential steps to 
determine the allocation of IBQ to each limited entry trawl permit. 
Paragraphs (d)(8)(iv)(H)(3) to (6) of this section estimate the permit's 
total 2003-2006 target species by area. Paragraphs (d)(8)(iv)(H)(7) to 
(13) of this section project Pacific halibut bycatch amounts using 2003-
2006 WCGOP observer ratios and the 2011 non-whiting initial issuance 
allocation of the limited entry trawl allocation amounts. Paragraphs 
(d)(8)(iv)(H)(14) to (16) of this section convert these amounts into QS.
    (1) The target species are arrowtooth flounder and petrale sole.
    (2) The four bycatch areas are defined latitudinally and by depth. 
The latitudinal areas are (a) north of 47[deg]30' N. lat., and (b) 
between 40[deg]10' N. lat. and 47[deg]30' N. lat. Each latitudinal area 
is further divided by depth into areas shoreward and seaward of the 
trawl Rockfish Conservation Area as defined at Sec. 660.130(e)(4), 
subpart D.
    (3) For each limited entry trawl permit, NMFS will review the permit 
logbook data for that permit and sum target species catch recorded for 
the years 2003-2006, resulting in total target species catch in each of 
the four areas for

[[Page 106]]

each permit for the years 2003 through 2006 for both target species in 
aggregate. For practicability, seaward or shoreward of the RCA as 
identified in the logbook data is defined as being deeper than or 
shallower than 115 fathoms, respectively.
    (4) For each limited entry trawl permit, NMFS will also sum the 
target species catch by area into total aggregate target species catch 
for each permit for the years 2003 through 2006.
    (5) For each limited entry trawl permit, NMFS will divide logbook 
aggregate target species catch in each area (paragraph (d)(8)(iv)(H)(3) 
of this section) by the sum of the permit's catch of each target species 
in all four bycatch areas (paragraph (d)(8)(iv)(H)(4) of this section) 
to create a set of area catch ratios for each permit. (Note: The sum of 
all four area catch ratios in aggregate equals 1 for each permit).
    (6) For limited entry trawl permits where the vessel registered to 
the permit did not submit logbooks showing any catch of either of the 
two target species for any of the years 2003 through 2006, NMFS will use 
the following formula to calculate area target catch ratios: NMFS will 
sum by area all limited entry trawl permits' total logbook area target 
catches from paragraph (d)(8)(iv)(H)(3) of this section, and sum all 
limited entry trawl permits' total logbook target catches across all 
four areas from paragraph (d)(8)(iv)(H)(4) of this section; and divide 
these sums to create average permit logbook area target catch ratios.
    (7) NMFS will calculate the 2011 non-whiting initial issuance 
allocation amount for each of the two target species by multiplying the 
limited entry trawl allocation amounts for 2011 for each by the 
corresponding initial issuance allocation percentage for the non-whiting 
sector given in paragraph (d)(8)(iv)(A)(10) of this section.
    (8) For each limited entry trawl permit, NMFS will obtain the non-
whiting portion of each limited entry trawl permit's initial QS 
allocations for each of the two target species resulting from paragraph 
(d)(8)(iv)(B)(2) of this section.
    (9) NMFS will calculate each limited entry trawl permit's projected 
non-whiting sector quota pounds for the two target species for 2011 by 
multiplying the 2011 non-whiting sector short term allocation amounts 
for each of the target species by the permit's QS allocation percentage 
for the species from paragraph (d)(8)(iv)(H)(8) of this section.
    (10) For each limited entry trawl permit, NMFS will sum the 
projected quota pounds for the two target species from paragraph 
(d)(8)(iv)(H)(9) of this section to get a total projected weight of the 
two target species for the limited entry trawl permit.
    (11) For each limited entry trawl permit, NMFS will multiply the 
projected 2011 total weight of the two target species by the applicable 
area catch ratio for each area as calculated in either paragraph 
(d)(8)(iv)(H)(5) of this section (permits with logbook data) or 
paragraph (d)(8)(iv)(H)(6) of this section (permits without logbook 
data).
    (12) NMFS will apply WCGOP average halibut bycatch ratios (observed 
halibut catch/total of two target species catch) by area. The WCGOP 
average halibut bycatch ratios are as follows:

                             Pacific Halibut
------------------------------------------------------------------------
                    Area                        Shoreward      Seaward
------------------------------------------------------------------------
N. of 47[deg]30' N. lat.....................   0.225737162   0.084214162
40[deg]10' N. lat. to 47[deg]30' N. lat.....   0.086250913   0.033887839
------------------------------------------------------------------------

     (13) For each limited entry trawl permit, NMFS will calculate 
projected Pacific halibut amounts by area by multiplying the limited 
entry trawl permit's projected 2011 total weight of the two target 
species by area from paragraph (d)(8)(iv)(H)(11) of this section by the 
average bycatch ratio for the corresponding area of paragraph 
(d)(8)(iv)(H)(12) of this section.
    (14) For each limited entry trawl permit, NMFS will sum all area 
amounts from paragraph (d)(8)(iv)(H)(13) of this section to calculate 
the total projected Pacific halibut amount for each limited entry trawl 
permit.
    (15) NMFS will sum all limited entry trawl permits' projected 
Pacific halibut amounts from paragraph (d)(8)(iv)(H)(14) of this section 
to calculate aggregate total amounts of Pacific halibut.
    (16) NMFS will estimate preliminary Pacific halibut IBQ for each 
limited entry trawl permit by dividing each

[[Page 107]]

limited entry trawl permit's total projected Pacific halibut amount from 
paragraph (d)(8)(iv)(H)(14) of this section by the aggregate total 
amounts of Pacific halibut from paragraph (d)(8)(iv)(H)(15) of this 
section.
    (I) Redistribution of QS and IBQ. For each limited entry trawl 
permit transferred after November 8, 2008, or if transferred earlier, 
not registered with NMFS by November 30, 2008, for which NMFS determines 
that the owner of such permit would exceed the accumulation limits 
specified at paragraph (d)(4)(i) of this section based on calculation of 
the preceding allocation formulas for all limited entry trawl permits 
owned by such owner using the individual and collective rule described 
at Sec. 660.140(d)(4)(ii), NMFS will redistribute the excess QS or IBQ 
to other qualified QS permit owners within the accumulation limits.
    (v) QS application. Persons may apply for an initial issuance of QS 
and IBQ and a QS permit in one of two ways: Complete and submit a 
prequalified application received from NMFS, or complete and submit an 
application package. The completed application must be either postmarked 
or hand-delivered within normal business hours no later than November 1, 
2010. If an applicant fails to submit a completed application by the 
deadline date, they forgo the opportunity to receive consideration for 
initial issuance of QS and IBQ and a QS permit.
    (A) Prequalified application. A ``prequalified application'' is a 
partially pre-filled application where NMFS has preliminarily determined 
the landings history that may qualify the applicant for an initial 
issuance of QS and IBQ. The application package will include a 
prequalified application (with landings history), a Trawl Identification 
of Ownership Interest form, and any other documents NMFS believes are 
necessary to aid the limited entry permit owner in completing the QS 
application.
    (1) For current trawl limited entry permit owners, NMFS will mail a 
prequalified application to all owners, as listed in the NMFS permit 
database at the time applications are mailed, that NMFS determines may 
qualify for QS or IBQ. NMFS will mail the application by certified mail 
to the current address of record in the NMFS permit database. The 
application will contain the basis of NMFS' calculation of the permit 
owner's QS and IBQ for each species/species group or area.
    (2) For shoreside processors, NMFS will mail a prequalified 
application to those Pacific whiting shoreside first receivers with 
receipts of 1 mt or more of whiting from whiting trips in each of any 
two years from 1998 through 2004, as documented on fish tickets in the 
relevant PacFIN dataset on July 1, 2010. NMFS will mail the prequalified 
application by certified mail to the current address of record given by 
the state in which the entity is registered. For all qualified entities 
who meet the eligibility requirement at paragraph (d)(8)(ii)(B) of this 
section, the application will provide the basis of NMFS' calculation of 
the initial issuance of Pacific whiting QS.
    (B) Request for an application. An owner of a current limited entry 
trawl permit or a Pacific whiting first receiver or shoreside processor 
that believes it is qualified for an initial issuance of QS and IBQ and 
does not receive a prequalified application, must complete an 
application package and submit the completed application to NMFS by the 
application deadline. Application packages are available on NMFS' Web 
site (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/
index.cfm) or by contacting SFD. An application must include valid 
PacFIN data or other credible information that substantiates the 
applicant's qualification for an initial issuance of QS and IBQ.
    (vi) Corrections to the application. If an applicant does not accept 
NMFS' calculation in the prequalified application either in part or 
whole, the applicant must identify in writing to NMFS which parts the 
applicant believes to be inaccurate, and must provide specific credible 
information to substantiate any requested corrections. The completed 
application and specific credible information must be provided to NMFS 
in writing by the application deadline. Written communication must 
either be post-marked or hand-delivered within normal business hours no 
later than November 1, 2010. Requests

[[Page 108]]

for corrections may only be granted for the following reasons:
    (A) Errors in NMFS' use or application of data, including:
    (1) Errors in NMFS' use or application of landings data from PacFIN;
    (2) Errors in NMFS' use or application of state logbook data from 
PacFIN;
    (3) Errors in NMFS' application of the QS or IBQ allocation formula;
    (4) Errors in identification of the permit owner, permit 
combinations, or vessel registration as listed in NMFS permit database;
    (5) Errors in identification of ownership information for the first 
receiver or the processor that first processed the fish; and
    (6) Errors in NMFS' use or application of ownership interest 
information.
    (B) Reassignment of Pacific whiting landings history for shoreside 
processors. For shoreside processors, the landing history may be 
reassigned from the Pacific whiting shoreside first receive identified 
in the relevant PacFIN database to a shoreside processor that was in 
fact the first processor of the fish. In order for an applicant to 
request that landing history be reassigned, an authorized representative 
for the Pacific whiting shoreside first receiver identified on the state 
landing receipt must submit, by the application deadline date specified 
in paragraph (d)(8)(vii)(B) of this section for initial issuance of QS, 
a written request that the whiting landings history from the qualifying 
years be conveyed to a shoreside processor. The letter must be signed 
and dated by the authorized representative of the Pacific whiting 
shoreside first receiver named on the state landing receipt and signed 
and dated by the authorized representative of the shoreside processor to 
which the Pacific whiting landing history is requested to be reassigned. 
The letter must identify the dates of the landings history and the 
associated amounts that are requested to be reassigned, and include the 
legal name of the shoreside processor to which the Pacific whiting 
landing history is requested to be reassigned, their date of birth or 
tax identification number, business address, business phone number, fax 
number, and e-mail address. If any document exists that demonstrates 
that the shoreside processor to which the Pacific whiting landing 
history is requested to be reassigned was in fact the first processor of 
the fish, such documentation must be provided to NMFS. NMFS will review 
the information submitted and will make a determination as part of the 
IAD.
    (vii) Submission of the application and application deadline--(A) 
Submission of the application. Submission of the complete, certified 
application includes, but is not limited to, the following:
    (1) The applicant is required to sign and date the application and 
have the document notarized by a licensed Notary Public.
    (2) The applicant must certify that they qualify to own QS and IBQ.
    (3) The applicant must indicate they accept NMFS' calculation of 
initial issuance of QS and IBQ provided in the prequalified application, 
or provide credible information that demonstrates their qualification 
for QS and IBQ.
    (4) The applicant is required to provide a complete Trawl 
Identification of Ownership Interest Form as specified at paragraph 
(d)(4)(iv) of this section.
    (5) Business entities may be required to submit a corporate 
resolution or other credible documentation as proof that the 
representative of the entity is authorized to act on behalf of the 
entity; and
    (6) NMFS may request additional information of the applicant as 
necessary to make an IAD on initial issuance of QS or IBQ.
    (B) Application deadline. A complete, certified application must be 
either postmarked or hand-delivered within normal business hours to 
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way, 
NE., Seattle, WA 98115, no later than November 1, 2010. NMFS will not 
accept or review any applications received or postmarked after the 
application deadline. There are no hardship exemptions for this 
deadline.
    (viii) Permit transfer during application period. NMFS will not 
review or approve any request for a change in limited entry trawl permit 
owner at any time after either November 1, 2010 or the date upon which 
the application is

[[Page 109]]

received by NMFS, whichever occurs first, until a final decision is made 
by the Regional Administrator on behalf of the Secretary of Commerce 
regarding the QS and IBQ to be issued for that permit.
    (ix) Initial Administrative Determination (IAD). NMFS will issue an 
IAD for all complete, certified applications received by the application 
deadline date. If NMFS approves an application for initial issuance of 
QS and IBQ, the applicant will receive a QS permit specifying the 
amounts of QS and IBQ for which the applicant has qualified and the 
applicant will be registered to a QS account. If NMFS disapproves or 
partially disapproves an application, the IAD will provide the reasons. 
As part of the IAD, NMFS will indicate whether the QS permit owner 
qualifies for QS or IBQ in amounts that exceed the accumulation limits 
and are subject to divestiture provisions given at paragraph (d)(4)(v) 
of this section, or whether the QS permit owner qualifies for QS or IBQ 
that exceed the accumulation limits and does not qualify to receive the 
excess under paragraph (d)(4)(v) of this section. If the applicant does 
not appeal the IAD within 30 calendar days of the date on the IAD, the 
IAD becomes the final decision of the Regional Administrator acting on 
behalf of the Secretary of Commerce.
    (x) Appeals. For QS permits and QS/IBQ issued under this section, 
the appeals process and timelines are specified at Sec. 660.25(g), 
subpart C. For the initial issuance of QS/IBQ and the QS permits, the 
bases for appeal are described in paragraph (d)(8)(vi) of this section. 
An additional basis for appeal for whiting QS based on shoreside 
processing is an allegation that the shoreside processor or Pacific 
whiting shoreside first receiver to which a QS permit and whiting QS 
have been assigned was not in fact the first processor of the fish 
included in the qualifying landings history. The appellant must submit 
credible information supporting the allegation that they were in fact 
the first shoreside processor for the fish in question. Items not 
subject to appeal include, but are not limited to, the accuracy of 
permit landings data or Pacific whiting shoreside first receiver 
landings data in the relevant PacFIN dataset on July 1, 2010.
    (e) Vessel accounts. [Reserved]
    (f) First receiver site license. [Reserved]
    (g) Retention requirements (whiting and non-whiting vessels). 
[Reserved]
    (h) Observer requirements. [Reserved]
    (i) [Reserved]
    (j) Shoreside catch monitor requirements for IFQ first receivers. 
[Reserved]
    (k) Catch weighing requirements. [Reserved]
    (l) Gear switching. [Reserved]
    (m) Adaptive management program. [Reserved]



Sec. 660.150  Mothership (MS) Coop Program.

    (a) General. The MS Coop Program requirements in this section will 
be effective beginning January 1, 2011, except for paragraphs (f)(3), 
(f)(5), (f)(6), (g)(3), (g)(5), and (g)(6) which are effective 
immediately. The MS Coop Program is a limited access program that 
applies to eligible harvesters and processors in the mothership sector 
of the Pacific whiting at-sea trawl fishery. Eligible harvesters and 
processors, including coop and non-coop fishery participants, must meet 
the requirements set forth in this section of the Pacific Coast 
groundfish regulations. In addition to the requirements of this section, 
the MS Coop Program is subject to the following groundfish regulations 
of subparts C and D:
    (1) Pacific whiting seasons Sec. 660.131(b), subpart D.
    (2) Area restrictions specified for midwater trawl gear used to 
harvest Pacific whiting fishery specified at Sec. 660.131(c), Subpart D 
for GCAs, RCAs, Salmon Conservation Zones, BRAs, and EFHCAs.
    (3) Regulations set out in the following sections of subpart C: 
Sec. 660.11 Definitions, Sec. 660.12 Prohibitions, Sec. 660.13 
Recordkeeping and reporting, Sec. 660.14 VMS requirements, Sec. 660.15 
Equipment requirements, Sec. 660.16 Groundfish Observer Program, Sec. 
660.20 Vessel and gear identification, Sec. 660.25 Permits, Sec. 
660.26 Pacific whiting vessel licenses, Sec. 660.55 Allocations, Sec. 
660.60 Specifications and management measures, Sec. 660.65 Groundfish 
harvest specifications, and Sec. Sec. 660.70 through 660.79 Closed 
areas.

[[Page 110]]

    (4) Regulations set out in the following sections of subpart D: 
Sec. 660.111 Trawl fishery definitions, Sec. 660.112 Trawl fishery 
prohibitions, Sec. 660.113 Trawl fishery recordkeeping and reporting, 
Sec. 660.116 Trawl fishery observer requirements, Sec. 660.120 Trawl 
fishery crossover provisions, Sec. 660.130 Trawl fishery management 
measures, and Sec. 660.131 Pacific whiting fishery management measures.
    (5) The MS Coop Program may be restricted or closed as a result of 
projected overages within the MS Coop Program, the C/P Coop Program, or 
the Shorebased IFQ Program. As determined necessary by the Regional 
Administrator, area restrictions, season closures, or other measures 
will be used to prevent the trawl sectors in aggregate or the individual 
trawl sector (Shorebased IFQ, MS Coop, or C/P Coop) from exceeding an 
OY, or formal allocation specified in the PCGFMP or regulation at Sec. 
660.55, subpart C, or Sec. Sec. 660.140, 660.150, or 660.160, subpart 
D.
    (b) Participation requirements. [Reserved]
    (1) Mothership vessels. [Reserved]
    (2) Mothership catcher vessels. [Reserved]
    (3) MS Coop formation and failure. [Reserved]
    (c) Inter-coop agreement. [Reserved]
    (d) MS Coop Program species and allocations--(1) MS Coop Program 
species. MS Coop Program Species are as follows:
    (i) Species with formal allocations to the MS Coop Program are 
Pacific whiting, canary rockfish, darkblotched rockfish, Pacific Ocean 
perch, and widow rockfish;
    (ii) Species with set-asides for the MS and C/P Coop Programs 
combined, as described in Tables 1d and 2d, subpart C.
    (2) Annual mothership sector sub-allocations. [Reserved]
    (i) Mothership catcher vessel catch history assignments. [Reserved]
    (ii) Annual coop allocations. [Reserved]
    (iii) Annual non-coop allocation. [Reserved]
    (3) Reaching an allocation or sub-allocation. [Reserved]
    (4) Non-whiting groundfish species reapportionment. [Reserved]
    (5) Announcements. [Reserved]
    (6) Redistribution of annual allocation. [Reserved]
    (7) Processor obligation. [Reserved]
    (8) Allocation accumulation limits. [Reserved]
    (e) MS coop permit and agreement. [Reserved]
    (f) Mothership (MS) permit.
    (1) General. Any vessel that processes or receives deliveries as a 
mothership processor in the Pacific whiting fishery mothership sector 
must be registered to an MS permit. A vessel registered to an MS permit 
may receive fish from a vessel that fishes in an MS coop and/or may 
receive fish from a vessel that fishes in the non-coop fishery at the 
same time or during the same year.
    (i) Vessel size endorsement. An MS permit does not have a vessel 
size endorsement. The endorsement provisions at Sec. 660.25(b)(3)(iii), 
subpart C, do not apply to an MS permit.
    (ii) Restriction on C/P vessels operating as motherships. 
Restrictions on a vessel registered to a limited entry permit with a C/P 
endorsement operating as a mothership are specified at Sec. 660.160, 
subpart D.
    (2) Renewal, change of permit ownership, or vessel registration. 
[Reserved]
    (3) Accumulation limits.
    (i) MS permit usage limit. [Reserved]
    (ii) Ownership--individual and collective rule. The ownership that 
counts towards a person's accumulation limit will include:
    (A) Any MS permit owned by that person, and
    (B) That portion of any MS permit owned by an entity in which that 
person has an economic or financial interest, where the person's share 
of interest in that entity will determine the portion of that entity's 
ownership that counts toward the person's limit.
    (iii) [Reserved]
    (iv) Trawl identification of ownership interest form. Any person 
that is applying for an MS permit shall document those persons that have 
an ownership interest in the MS permit greater than or equal to 2 
percent. This ownership interest must be documented with SFD via the 
Trawl Identification of Ownership Interest Form. SFD will not issue an 
MS Permit unless the Trawl Identification of Ownership Interest Form

[[Page 111]]

has been completed. NMFS may request additional information of the 
applicant as necessary to verify compliance with accumulation limits.
    (4) Appeals. [Reserved]
    (5) Fees. The Regional Administrator is authorized to charge fees 
for administrative costs associated with the issuance of an MS permit 
consistent with the provisions given at Sec. 660.25(f), Subpart C.
    (6) Application requirements and initial issuance for MS permit--(i) 
Eligibility criteria for MS permit. Only the current owner of a vessel 
that processed Pacific whiting in the mothership sector in the 
qualifying years is eligible to receive initial issuance of an MS 
permit, except that in the case of bareboat charterers, the charterer of 
the bareboat may receive an MS permit instead of the vessel owner. As 
used in this section, ``bareboat charterer'' means a vessel charterer 
operating under a bareboat charter, defined as a complete transfer of 
possession, command, and navigation of a vessel from the vessel owner to 
the charterer for the limited time of the charter agreement.
    (ii) Qualifying criteria for MS permit. To qualify for initial 
issuance of an MS permit, a person must own, or operate under a bareboat 
charter, a vessel on which at least 1,000 mt of Pacific whiting was 
processed in the mothership sector in each year for at least two years 
between 1997 and 2003 inclusive.
    (iii) MS permit application. Persons may apply for initial issuance 
of an MS permit in one of two ways: complete and submit a prequalified 
application received from NMFS, or complete and submit an application 
package. The completed application must be either postmarked or hand-
delivered within normal business hours no later than November 1, 2010. 
If an applicant fails to submit a completed application by the deadline 
date, they forgo the opportunity to receive consideration for initial 
issuance of an MS permit.
    (A) Prequalified application. A ``prequalified application'' is a 
partially pre-filled application where NMFS has preliminarily determined 
the processing history that may qualify the applicant for an initial 
issuance of an MS permit. NMFS will mail prequalified application 
packages to the owners or bareboat charterer of vessels which NMFS 
determines may qualify for an MS permit. NMFS will mail the application 
by certified mail to the current address of record in the NMFS permit 
database. The application will contain the basis of NMFS' calculation. 
The application package will include, but is not limited to: A 
prequalified application (with processing history), a Trawl 
Identification of Ownership Interest form, and any other documents NMFS 
believes are necessary to aid the owners of the vessel or charterer of 
the bareboat to complete the MS permit application.
    (B) Request for an application. Any current owner or bareboat 
charterer of a vessel that the owner or bareboat charterer believes 
qualifies for initial issuance of an MS permit that does not receive a 
prequalified application must complete an application package and submit 
the completed application to NMFS by the application deadline. 
Application packages are available on NMFS' Web site (http://
www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm) or by 
contacting SFD. An application must include valid NORPAC data or other 
credible information that substantiates the applicant's qualification 
for initial issuance of an MS permit.
    (iv) Corrections to the application. If the applicant does not 
accept NMFS' calculation in the prequalified application either in part 
or whole, in order for NMFS to reconsider NMFS' calculation, the 
applicant must identify in writing to NMFS which parts of the 
prequalified application that the applicant contends to be inaccurate, 
and must provide specific credible information to substantiate any 
requested corrections. The completed application and specific credible 
information must be provided to NMFS in writing by the application 
deadline. Written communication must be either post-marked or hand-
delivered within normal business hours no later than November 1, 2010. 
Requests for corrections may only be granted for errors in NMFS' use or 
application of data, including:
    (A) Errors in NMFS' use or application of data from NORPAC;

[[Page 112]]

    (B) Errors in NMFS' calculations; and
    (C) Errors in the vessel registration as listed in the NMFS permit 
database, or in the identification of the mothership owner or bareboat 
charterer.
    (v) Submission of the application and application deadline--(A) 
Submission of the Application. Submission of the complete, certified 
application includes, but is not limited to, the following:
    (1) The applicant is required to sign and date the application and 
have the document notarized by a licensed Notary Public.
    (2) The applicant must certify that they qualify to own an MS 
permit.
    (3) The applicant must indicate they accept NMFS' calculation in the 
prequalified application, or provide credible information that 
demonstrates their qualification for an MS permit.
    (4) The applicant is required to provide a complete Trawl 
Identification of Ownership Interest Form as specified at paragraph 
(f)(3)(iv) of this section.
    (5) Business entities may be required to submit a corporate 
resolution or other credible documentation as proof that the 
representative of the entity is authorized to act on behalf of the 
entity;
    (6) A bareboat charterer must provide credible evidence that 
demonstrates it was chartering the mothership vessel under a private 
contract during the qualifying years; and
    (7) NMFS may request additional information of the applicant as 
necessary to make an IAD on initial issuance of an MS permit.
    (B) Application deadline. A complete, certified application must be 
either postmarked or hand-delivered within normal business hours to 
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way, 
NE., Seattle, WA 98115, no later than November 1, 2010. NMFS will not 
accept or review any applications received or postmarked after the 
application deadline. There are no hardship provisions for this 
deadline.
    (vi) Initial administrative determination (IAD). NMFS will issue an 
IAD for all complete, certified applications received by the application 
deadline date. If NMFS approves an application for initial issuance of 
an MS permit, the applicant will receive an MS permit. If NMFS 
disapproves an application, the IAD will provide the reasons. If the 
applicant does not appeal the IAD within 30 calendar days of the date on 
the IAD, the IAD becomes the final decision of the Regional 
Administrator acting on behalf of the Secretary of Commerce.
    (vii) Appeals. For MS permits issued under this section, the appeals 
process and timelines are specified at Sec. 660.25(g), subpart C. For 
the initial issuance of an MS permit, the bases for appeal are described 
in paragraph (f)(6)(iv) of this section. Items not subject to appeal 
include, but are not limited to, the accuracy of data in the relevant 
NORPAC dataset on August 1, 2010.
    (g) Mothership catcher vessel (MS/CV)-endorsed permit--(1) General. 
Any vessel that delivers whiting to a mothership processor in the 
Pacific whiting fishery mothership sector must be registered to an MS/
CV-endorsed permit, except that a vessel registered to limited entry 
trawl permit without an MS/CV or C/P endorsement may fish for a coop 
with permission from the coop. Within the MS Coop Program, an MS/CV-
endorsed permit may participate in a coop or in the non-coop fishery.
    (i) Catch history assignment. NMFS will assign a catch history 
assignment to each MS/CV-endorsed permit. The catch history assignment 
is based on the catch history in the Pacific whiting mothership sector 
during the qualifying years of 1994 through 2003. The catch history 
assignment is expressed as a percentage of Pacific whiting of the total 
mothership sector allocation as described at paragraph (d)(2)(i) of this 
section. Catch history assignments will be issued to the nearest whole 
pound using standard rounding rules (i.e. decimal amounts from zero up 
to 0.5 round down and 0.5 up to 1.0 round up).
    (ii) Pacific whiting mothership sector allocation. The catch history 
assignment allocation accrues to the coop to which the MS/CV-endorsed 
permit is tied through private agreement, or will be assigned to the 
non-coop fishery if

[[Page 113]]

the MS/CV-endorsed permit does not participate in the coop fishery.
    (iii) Non-severable. The MS/CV endorsement and its catch history 
assignment are not severable from the limited entry trawl permit. An MS/
CV endorsement and its catch history assignment are permanently affixed 
to the original qualifying limited entry permit, and cannot be 
transferred separately from the original qualifying limited entry 
permit.
    (iv) Renewal. [Reserved]
    (v) Restrictions on processing by vessels registered to MS/CV-
endorsed permits. A vessel registered to an MS/CV-endorsed permit in a 
given year shall not engage in processing of Pacific whiting during that 
year.
    (2) Change of permit owner, vessel registration, vessel owner, or 
combination. [Reserved]
    (3) Accumulation limits--(i) MS/CV-endorsed permit ownership limit. 
No person shall own MS/CV-endorsed permits for which the collective 
Pacific whiting allocation total is greater than 20 percent of the total 
mothership sector allocation. For purposes of determining accumulation 
limits, NMFS requires that permit owners submit a complete trawl 
ownership interest form for the permit owner as part of annual renewal 
of an MS/CV-endorsed permit. An ownership interest form will also be 
required whenever a new permit owner obtains an MS/CV-endorsed permit as 
part of a permit transfer request. Accumulation limits will be 
determined by calculating the percentage of ownership interest a person 
has in any MS/CV-endorsed permit and the amount of the Pacific whiting 
catch history assignment given on the permit. Determination of ownership 
interest will be subject to the individual and collective rule.
    (A) Ownership--Individual and collective rule. The Pacific whiting 
catch history assignment that applies to a person's accumulation limit 
will include:
    (1) The catch history assignment on any MS/CV-endorsed permit owned 
by that person, and
    (2) That portion of the catch history assignment on any MS/CV-
endorsed permit owned by an entity in which that person has an economic 
or financial interest, where the person's share of interest in that 
entity will determine the portion of that entity's catch history 
assignment that counts toward the person's limit.
    (B) [Reserved]
    (C) Trawl identification of ownership interest form. Any person that 
owns a limited entry trawl permit and is applying for an MS/CV 
endorsement shall document those persons that have an ownership interest 
in the permit greater than or equal to 2 percent. This ownership 
interest must be documented with the SFD via the Trawl Identification of 
Ownership Interest Form. SFD will not issue an MS/CV endorsement unless 
the Trawl Identification of Ownership Interest Form has been completed. 
NMFS may request additional information of the applicant as necessary to 
verify compliance with accumulation limits. Further, if SFD discovers 
through review of the Trawl Identification of Ownership Interest Form 
that a person owns more than the accumulation limits, the person will be 
subject to divestiture provisions specified in paragraph (g)(3)(i)(D) of 
this section.
    (D) Divestiture. For MS/CV-endorsed permit owners that are found to 
exceed the accumulation limits during the initial issuance of MS/CV-
endorsed permits, an adjustment period will be provided after which they 
will have to completely divest of ownership in permits that exceed the 
accumulation limits. Any person that NMFS determines, as a result of the 
initial issuance of MS/CV-endorsed permits, to own in excess of 20 
percent of the total catch history assignment in the MS Coop Program 
applying the individual and collective rule described at Sec. 
660.150(g)(3)(i)(A) will be allowed to receive such permit(s), but must 
divest themselves of the excess ownership during years one and two of 
the MS Coop Program. Owners of such permit(s) may receive and use the 
MS/CV-endorsed permit(s), up to the time their divestiture is completed. 
At the end of year two of the MS Coop Program, any MS/CV-endorsed 
permits owned by a person (including any person who has ownership 
interest in the owner named on the permit) in excess of the accumulation 
limits will not be issued (renewed) until the permit

[[Page 114]]

owner complies with the accumulation limits.
    (ii) [Reserved]
    (4) Appeals. [Reserved]
    (5) Fees. The Regional Administrator is authorized to charge a fee 
for administrative costs associated with the issuance of an MS/CV-
endorsed permit, as provided at Sec. 660.25(f), subpart C.
    (6) Application requirements and initial issuance for MS/CV 
endorsement--(i) Eligibility criteria for MS/CV endorsement. Only a 
current trawl limited entry permit with a qualifying history of Pacific 
whiting deliveries in the MS Pacific whiting sector is eligible to 
receive an MS/CV endorsement. Any past catch history associated with the 
current limited entry trawl permit accrues to the permit. If a trawl 
limited entry permit is eligible to receive both a C/P endorsement and 
an MS/CV endorsement, the permit owner must choose which endorsement to 
apply for (i.e., the owner of such a permit may not receive both a C/P 
and an MS/CV endorsement). NMFS will not recognize any other person as 
permit owner other than the person listed as permit owner in NMFS permit 
database.
    (ii) Qualifying criteria for MS/CV endorsement. In order to qualify 
for an MS/CV endorsement, a qualifying trawl-endorsed limited entry 
permit must have been registered to a vessel or vessels that caught and 
delivered a cumulative amount of at least 500 mt of Pacific whiting to 
motherships between 1994 through 2003. The calculation will be based on 
the following:
    (A) To determine a permit's qualifying catch history, NMFS will use 
documented deliveries to a mothership in Pacific whiting observer data 
as recorded in the relevant NORPAC dataset on August 1, 2010.
    (B) The qualifying catch history will include any deliveries of 
Pacific whiting to motherships by vessels registered to limited entry 
trawl-endorsed permits that were subsequently combined to generate the 
current permit.
    (C) If two or more limited entry trawl permits have been 
simultaneously registered to the same vessel, NMFS will divide the 
qualifying catch history evenly between all such limited entry trawl-
endorsed permits during the time they were simultaneously registered to 
the vessel.
    (D) History of illegal deliveries will not be included in the 
qualifying catch history.
    (E) Deliveries made from Federal limited entry groundfish permits 
that were retired through the Federal buyback program will not be 
included in the qualifying catch history.
    (F) Deliveries made under provisional ``A'' permits that did not 
become ``A'' permits and ``B'' permits will not be included in the 
qualifying catch history.
    (iii) Qualifying criteria for catch history assignment. A catch 
history assignment will be specified as a percent on the MS/CV-endorsed 
permit. The calculation will be based on the following:
    (A) For determination of a permit's catch history, NMFS will use 
documented deliveries to a mothership in Pacific whiting observer data 
as recorded in the relevant NORPAC dataset on August 1, 2010.
    (B) NMFS will use relative history, which means the catch history of 
a permit for a year divided by the total fleet history for that year, 
expressed as a percent. NMFS will calculate relative history for each 
year in the qualifying period from 1994 through 2003 by dividing the 
total deliveries of Pacific whiting to motherships for the vessel(s) 
registered to the permit for each year by the sum of the total catch of 
Pacific whiting delivered to mothership vessel(s) for that year.
    (C) NMFS will select the eight years with the highest relative 
history of Pacific whiting, unless the applicant requests a different 
set of eight years during the initial issuance and appeals process, and 
will add the relative histories for these years to generate the permit's 
total relative history. NMFS will then divide the permit's total 
relative history by the sum of all qualifying permits' total relative 
histories to determine the permit's catch history assignment, expressed 
as a percent.
    (D) The total relative history will include any deliveries of 
Pacific whiting to motherships by vessels registered to limited entry 
trawl-endorsed permits that were subsequently combined to generate the 
current permit.

[[Page 115]]

    (E) If two or more limited entry trawl permits have been 
simultaneously registered to the same vessel, NMFS will split the catch 
history evenly between all such limited entry trawl-endorsed permits 
during the time they were simultaneously registered to the vessel.
    (F) History of illegal deliveries will not be included in the 
calculation of a permit's catch history assignment or in the calculation 
of relative history for individual years.
    (G) Deliveries made from Federal limited entry groundfish permits 
that were retired through the Federal buyback program will not be 
included in the calculation of a permit's catch history assignment other 
than for the purpose of calculating relative history for individual 
years.
    (H) Deliveries made under provisional ``A'' permits that did not 
become ``A'' permits and ``B'' permits will not be included in the 
calculation of a permit's catch history assignment other than for the 
purpose of calculating relative history for individual years.
    (iv) MS/CV endorsement and catch history assignment application. 
Persons may apply for an initial issuance of an MS/CV endorsement on a 
limited entry trawl permit and its associated catch history assignment 
in one of two ways: complete and submit a prequalified application 
received from NMFS, or complete and submit an application package. The 
completed application must be either postmarked or hand-delivered within 
normal business hours no later than November 1, 2010. If an applicant 
fails to submit a completed application by the deadline date, they forgo 
the opportunity to receive consideration for an initial issuance of an 
MS/CV endorsement and associated catch history assignment.
    (A) Prequalified application. A ``prequalified application'' is a 
partially pre-filled application where NMFS has preliminarily determined 
the catch history that may qualify the applicant for an initial issuance 
of an MS/CV endorsement and associated catch history assignment. NMFS 
will mail prequalified application packages to the owners of current 
limited entry trawl permits, as listed in the NMFS permit database at 
the time applications are mailed, which NMFS determines may qualify for 
an MS/CV endorsement and associated catch history assignment. NMFS will 
mail the application by certified mail to the current address of record 
in the NMFS permit database. The application will contain the basis of 
NMFS' calculation. The application package will include, but is not 
limited to: a prequalified application (with landings history), a Trawl 
Identification of Ownership Interest form, and any other documents NMFS 
believes are necessary to aid the limited entry permit owner in 
completing the application.
    (B) Request for an application. Any owner of a current limited entry 
trawl permit that does not receive a prequalified application that 
believes the permit qualifies for an initial issuance of an MS/CV 
endorsement and associated catch history assignment must complete an 
application package and submit the completed application to NMFS by the 
application deadline. Application packages are available on the NMFS Web 
site (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/
index.cfm) or by contacting SFD. An application must include valid 
NORPAC data, copies of NMFS observer data forms, or other credible 
information that substantiates the applicant's qualification for an 
initial issuance of an MS/CV endorsement and associated catch history 
assignment.
    (v) Corrections to the application. If the applicant does not accept 
NMFS' calculation in the prequalified application either in part or 
whole, in order for NMFS to reconsider NMFS' calculation, the applicant 
must identify in writing to NMFS which parts of the application that the 
applicant contends to be inaccurate, and must provide specific credible 
information to substantiate any requested corrections. The completed 
application and specific credible information must be provided to NMFS 
in writing by the application deadline. Written communication must be 
either post-marked or hand-delivered within normal business hours no 
later than November 1, 2010. Requests for corrections may only be 
granted for changes to the selection of the eight

[[Page 116]]

years with the highest relative history of whiting and errors in NMFS' 
use or application of data, including:
    (A) Errors in NMFS' use or application of data from NORPAC;
    (B) Errors in NMFS' calculations;
    (C) Errors in the identification of the permit owner, permit 
combinations, or vessel registration as listed in the NMFS permit 
database; and
    (D) Errors in NMFS' use or application of ownership interest 
information.
    (vi) Submission of the application and application deadline--(A) 
Submission of the application. Submission of the complete, certified 
application includes, but is not limited to, the following:
    (1) The applicant is required to sign and date the application and 
have the document notarized by a licensed Notary Public.
    (2) The applicant must certify that they qualify to own an MS/CV-
endorsed permit and associated catch history assignment.
    (3) The applicant must indicate they accept NMFS' calculation of 
initial issuance of an MS/CV-endorsed permit and associated catch 
history assignment provided in the prequalified application, or provide 
credible information that demonstrates their qualification for an MS/CV-
endorsed permit and associated catch history assignment.
    (4) The applicant is required to provide a complete Trawl 
Identification of Ownership Interest Form as specified at paragraph 
(g)(3)(i)(C) of this section.
    (5) Business entities may be required to submit a corporate 
resolution or other credible documentation as proof that the 
representative of the entity is authorized to act on behalf of the 
entity; and
    (6) NMFS may request additional information of the applicant as 
necessary to make an IAD on initial issuance of an MS/CV-endorsed permit 
and associated catch history assignment.
    (B) Application deadline. A complete, certified application must be 
either postmarked or hand-delivered within normal business hours to 
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way 
NE., Seattle, WA 98115, no later than November 1, 2010. NMFS will not 
accept or review any applications received or postmarked after the 
application deadline. There are no hardship provisions for this 
deadline.
    (vii) Permit transfer during application period. NMFS will not 
review or approve any request for a change in limited entry trawl permit 
owner at any time after either November 1, 2010 or the date upon which 
the application is received by NMFS, whichever occurs first, until a 
final decision is made by the Regional Administrator on behalf of the 
Secretary of Commerce on that permit.
    (viii) Initial Administrative Determination (IAD). NMFS will issue 
an IAD for all complete, certified applications received by the 
application deadline date. If NMFS approves an application for initial 
issuance of an MS/CV-endorsed permit and associated catch history 
assignment, the applicant will receive an MS/CV endorsement on a limited 
entry trawl permit specifying the amounts of catch history assignment 
for which the applicant has qualified. If NMFS disapproves an 
application, the IAD will provide the reasons. If known at the time of 
the IAD, NMFS will indicate if the owner of the MS/CV-endorsed permit 
has ownership interest in catch history assignments that exceed the 
accumulation limits and are subject to divestiture provisions given at 
paragraph (g)(3)(i)(D) of this section. If the applicant does not appeal 
the IAD within 30 calendar days of the date on the IAD, the IAD becomes 
the final decision of the Regional Administrator acting on behalf of the 
Secretary of Commerce.
    (ix) Appeals. For an MS/CV-endorsed permit and associated catch 
history assignment issued under this section, the appeals process and 
timelines are specified at Sec. 660.25(g), subpart C. For the initial 
issuance of an MS/CV-endorsed permit and associated catch history 
assignment, the bases for appeal are described in paragraph (g)(6)(v) of 
this section. Items not subject to appeal include, but are not limited 
to, the accuracy of data in the relevant NORPAC dataset on August 1, 
2010.
    (h) Non-coop fishery. [Reserved]
    (i) Retention requirements. [Reserved]
    (j) Observer requirements. [Reserved]
    (k) Catch weighing requirements. [Reserved]
    (l) [Reserved]

[[Page 117]]



Sec. 660.160  Catcher/processor (C/P) Coop Program.

    (a) General. The C/P Coop Program requirements in Sec. 660.160 will 
be effective beginning January 1, 2011, except for paragraphs (d)(5) and 
(d)(7) of this section, which are effective immediately. The C/P Coop 
Program is a limited access program that applies to vessels in the C/P 
sector of the Pacific whiting at-sea trawl fishery and is a single 
voluntary coop. Eligible harvesters and processors must meet the 
requirements set forth in this section of the Pacific Coast groundfish 
regulations. In addition to the requirements of this section, the C/P 
Coop Program is subject to the following groundfish regulations:
    (1) Pacific whiting seasons Sec. 660.131(b), subpart D.
    (2) Area restrictions specified for midwater trawl gear used to 
harvest Pacific whiting fishery specified at Sec. 660.131(c), subpart D 
for GCAs, RCAs, Salmon Conservation Zones, BRAs, and EFHCAs.
    (3) Regulations set out in the following sections of subpart C: 
Sec. 660.11 Definitions, Sec. 660.12 Prohibitions, Sec. 660.13 
Recordkeeping and reporting, Sec. 660.14 VMS requirements, Sec. 660.15 
Equipment requirements, Sec. 660.16 Groundfish Observer Program, Sec. 
660.20 Vessel and gear identification, Sec. 660.25 Permits, Sec. 
660.26 Pacific whiting vessel licenses, Sec. 660.55 Allocations, Sec. 
660.60 Specifications and management measures, Sec. 660.65 Groundfish 
harvest specifications, and Sec. Sec. 660.70 through 660.79 Closed 
areas.
    (4) Regulations set out in the following sections of subpart D: 
Sec. 660.111 Trawl fishery definitions, Sec. 660.112 Trawl fishery 
prohibitions, Sec. 660.113 Trawl fishery recordkeeping and reporting, 
Sec. 660.116 Trawl fishery observer requirements, Sec. 660.120 Trawl 
fishery crossover provisions, Sec. 660.130 Trawl fishery management 
measures, and Sec. 660.131 Pacific whiting fishery management measures.
    (5) The C/P Coop Program may be restricted or closed as a result of 
projected overages within the MS Coop Program, the C/P Coop Program, or 
the Shorebased IFQ Program. As determined necessary by the Regional 
Administrator, area restrictions, season closures, or other measures 
will be used to prevent the trawl sectors in aggregate or the individual 
trawl sector (Shorebased IFQ, MS Coop, or C/P Coop) from exceeding an 
OY, or formal allocation specified in the PCGFMP or regulation at Sec. 
660.55, subpart C, or Sec. Sec. 660.140, 660.150, or 660.160, subpart 
D.
    (b) C/P Coop Program species and allocations--(1) C/P Coop Program 
species. C/P Coop Program species are as follows:
    (i) Species with formal allocations to the C/P Coop Program are 
Pacific whiting, canary rockfish, darkblotched rockfish, Pacific Ocean 
perch, widow rockfish;
    (ii) Species with set-asides for the MS and C/P Programs combined, 
as described in Table 1d and 2d, subpart C.
    (2) [Reserved]
    (c) C/P coop permit and agreement. [Reserved]
    (d) C/P-endorsed permit--(1) General. Any vessel participating in 
the C/P sector of the non-tribal primary Pacific whiting fishery during 
the season described at Sec. 660.131(b) of this subpart must be 
registered to a valid limited entry permit with a C/P endorsement.
    (i) Non-severable. A C/P endorsement is not severable from the 
limited entry trawl permit, and therefore, the endorsement may not be 
transferred separately from the limited entry trawl permit.
    (ii) Restriction on C/P vessel operating as a catcher vessel in the 
mothership sector. A vessel registered to a C/P-endorsed permit cannot 
operate as a catcher vessel delivering unprocessed Pacific whiting to a 
mothership processor during the same calendar year it participates in 
the C/P sector.
    (iii) Restriction on C/P vessel operating as mothership. A vessel 
registered to a C/P-endorsed permit cannot operate as a mothership 
during the same calendar year it participates in the C/P sector.
    (2) Eligibility and renewal for C/P-endorsed permit. [Reserved.]
    (3) Change in permit ownership, vessel registration, vessel owner, 
transfer or combination. [Reserved]
    (4) Appeals. [Reserved]
    (5) Fees. The Regional Administrator is authorized to charge fees 
for the administrative costs associated with review and issuance of a C/
P endorsement

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consistent with the provisions at Sec. 660.25(f), subpart C.
    (6) [Reserved]
    (7) Application requirements and initial issuance for C/P 
endorsement--(i) Eligibility criteria for C/P endorsement. Only current 
owners of a current limited entry trawl permit that has been registered 
to a vessel that participated in the C/P fishery during the qualifying 
period are eligible to receive a C/P endorsement. Any past catch history 
associated with the current limited entry trawl permit accrues to the 
current permit owner. NMFS will not recognize any other person as the 
limited entry permit owner other than the person listed as the limited 
entry permit owner in the NMFS permit database.
    (ii) Qualifying criteria for C/P endorsement. In order to qualify 
for a C/P endorsement, a vessel registered to a valid trawl-endorsed 
limited entry permit must have caught and processed any amount of 
Pacific whiting during a primary catcher/processor season between 1997 
through 2003. The calculation will be based on the following:
    (A) Pacific Whiting Observer data recorded in the relevant NORPAC 
dataset on August 1, 2010, and NMFS permit data on limited entry trawl-
endorsed permits will be used to determine whether a permit meets the 
qualifying criteria for a C/P endorsement.
    (B) Only Pacific whiting regulated by this subpart that was taken 
with midwater (or pelagic) trawl gear will be considered for the C/P 
endorsement.
    (C) Permit catch and processing history includes only the catch/
processing history of Pacific whiting for a vessel when it was 
registered to that particular permit during the qualifying years.
    (D) History of illegal landings will not count.
    (E) Landings history from Federal limited entry groundfish permits 
that were retired through the Federal buyback program will not count.
    (F) Landings under provisional ``A'' permits that did not become 
``A'' permits and ``B'' permits will not count.
    (iii) C/P endorsement application. Persons may apply for an initial 
issuance of a C/P endorsement in one of two ways: complete and submit a 
prequalified application received from NMFS, or complete and submit an 
application package. The completed application must be either postmarked 
or hand-delivered within normal business hours no later than November 1, 
2010. If an applicant fails to submit a completed application by the 
deadline date, they forgo the opportunity to receive consideration for 
initial issuance of a C/P endorsement.
    (A) Prequalified application. A ``prequalified application'' is a 
partially pre-filled application where NMFS has preliminarily determined 
the catch history that may qualify the applicant for an initial issuance 
of a C/P endorsement. NMFS will mail a prequalified application to all 
owners of current trawl limited entry permits, as listed in NMFS permit 
database at the time applications are mailed, which NMFS determines may 
qualify for a C/P endorsement. NMFS will mail the application by 
certified mail to the current address of record in the NMFS permit 
database. The application will contain the basis of NMFS' calculation. 
The application package will include, but is not limited to: a 
prequalified application (with catch history) and any other documents 
NMFS believes are necessary to aid the limited entry permit owner in 
completing the application.
    (B) Request for an application. Any owner of a current limited entry 
trawl permit that does not receive a prequalified application that 
believes the permit qualifies for an initial issuance of a C/P 
endorsement must complete an application package and submit the 
completed application to NMFS by the application deadline. Application 
packages are available on the NMFS Web site (http://www.nwr.noaa.gov/ 
Groundfish-Halibut/ Groundfish-Permits/ index.cfm) or by contacting SFD. 
An application must include valid NORPAC data, copies of NMFS observer 
data forms, or other credible information that substantiates the 
applicant's qualification for initial issuance of a C/P endorsement.
    (iv) Corrections to the application. If the applicant does not 
accept NMFS' calculation in the prequalified application either in part 
or whole, in order

[[Page 119]]

for NMFS to reconsider NMFS' calculation, the applicant must identify in 
writing to NMFS which parts of the application the applicant contends to 
be inaccurate, and must provide specific credible information to 
substantiate any requested corrections. The completed application and 
specific credible information must be provided to NMFS in writing by the 
application deadline. Written communication must be either post-marked 
or hand-delivered within normal business hours no later than November 1, 
2010. Requests for corrections may only be granted for errors in NMFS' 
use or application of data, including:
    (A) Errors in NMFS' use or application of data from NORPAC;
    (B) Errors in NMFS' calculations; and
    (C) Errors in the identification of the permit owner, permit 
combinations, or vessel registration as listed in the NMFS permit 
database.
    (v) Submission of the application and application deadline--(A) 
Submission of the Application. Submission of the complete, certified 
application includes, but is not limited to, the following:
    (1) The applicant is required to sign and date the application and 
have the document notarized by a licensed Notary Public.
    (2) The applicant must certify that they qualify to own a C/P-
endorsed permit.
    (3) The applicant must indicate they accept NMFS' calculation of 
initial issuance of C/P endorsement provided in the prequalified 
application, or provide credible information that demonstrates their 
qualification for a C/P endorsement.
    (4) Business entities may be required to submit a corporate 
resolution or other credible documentation as proof that the 
representative of the entity is authorized to act on behalf of the 
entity; and
    (5) NMFS may request additional information of the applicant as 
necessary to make an IAD on initial issuance of a C/P endorsement.
    (B) Application deadline. A complete, certified application must be 
either postmarked or hand-delivered within normal business hours to 
NMFS, Northwest Region, Permits Office, Bldg. 1, 7600 Sand Point Way 
NE., Seattle, WA 98115, no later than November 1, 2010. NMFS will not 
accept or review any applications received or postmarked after the 
application deadline. There are no hardship provisions for this 
deadline.
    (vi) Permit transfer during application period. NMFS will not review 
or approve any request for a change in limited entry trawl permit owner 
at any time after either November 1, 2010 or the date upon which the 
application is received by NMFS, whichever occurs first, until a final 
decision is made by the Regional Administrator on behalf of the 
Secretary of Commerce.
    (vii) Initial Administrative Determination (IAD). NMFS will issue an 
IAD for all complete, certified applications received by the application 
deadline date. If NMFS approves an application, the applicant will 
receive a C/P endorsement on a limited entry trawl permit. If NMFS 
disapproves an application, the IAD will provide the reasons. If the 
applicant does not appeal the IAD within 30 calendar days of the date on 
the IAD, the IAD becomes the final decision of the Regional 
Administrator acting on behalf of the Secretary of Commerce.
    (viii) Appeal. For a C/P-endorsed permit issued under this section, 
the appeals process and timelines are specified at Sec. 660.25(g), 
subpart C. For the initial issuance of a C/P-endorsed permit, the bases 
for appeal are described in paragraph (d)(7)(iv) of this section. Items 
not subject to appeal include, but are not limited to, the accuracy of 
data in the relevant NORPAC dataset on August 1, 2010.
    (e) Retention requirements. [Reserved]
    (f) Observer requirements. [Reserved]
    (g) [Reserved]
    (h) Catch weighting requirements. [Reserved]

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   Sec. Table 1 (North) to Part 660, Subpart D--2010 Trip Limits for 
        Limited Entry Trawl Gear North of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.010


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[GRAPHIC] [TIFF OMITTED] TR01OC10.011


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[GRAPHIC] [TIFF OMITTED] TR01OC10.012


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   Sec. Table 1 (South) to Part 660, Subpart D--2010 Trip Limits for 
        Limited Entry Trawl Gear South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.013


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[GRAPHIC] [TIFF OMITTED] TR01OC10.014


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  Sec. Figure 1 to Part 660, Subpart D--Diagram of Selective Flatfish 
                                  Trawl
[GRAPHIC] [TIFF OMITTED] TR01OC10.015



   Subpart E_West Coast Groundfish_Limited Entry Fixed Gear Fisheries

    Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 60897, Oct. 1, 2010, subpart E was 
added, effective Nov. 1, 2010.



Sec. 660.210  Purpose and scope.

    This subpart covers the Pacific Coast Groundfish limited entry fixed 
gear fishery.



Sec. 660.211  Fixed gear fishery--definitions.

    These definitions are specific to the limited entry fixed gear 
fisheries covered in this subpart. General groundfish definitions are 
found at Sec. 660.11, subpart C.
    Daily Trip Limit (DTL) Fishery means a sablefish fishery that occurs 
both north and south of 36[deg] N. lat. that is subject to trip limit 
restrictions including daily and/or weekly and/or bimonthly trip limits.
    Limited entry fixed gear fishery means the fishery composed of 
vessels registered to limited entry permits with longline and pot/trap 
endorsements.
    Sablefish primary fishery or sablefish tier limit fishery means, for 
the limited entry fixed gear sablefish fishery north of 36[deg] N. lat, 
the fishery where vessels registered to at least one limited entry 
permit with both a gear endorsement for longline or trap (or pot) gear 
and a sablefish endorsement fish up to a specified tier limit and when 
they are not eligible to fish in the DTL fishery.
    Sablefish primary season means, for the limited entry fixed gear 
sablefish fishery north of 36[deg] N. lat, the period when vessels 
registered to at least one limited entry permit with both a gear 
endorsement for longline or trap (or pot) gear and a sablefish 
endorsement, are allowed to fish in the sablefish tier limit fishery 
described at Sec. 660.231 of this subpart.
    Tier limit means a specified amount of sablefish that may be 
harvested by a vessel registered to a limited entry fixed gear permit(s) 
with a Tier 1, Tier 2, and/or Tier 3 designation; a gear endorsement for 
longline or trap (or pot) gear; and a sablefish endorsement.



Sec. 660.212  Fixed gear fishery--prohibitions.

    These prohibitions are specific to the limited entry fixed gear 
fisheries. General groundfish prohibitions are found at Sec. 660.12, 
subpart C. In addition to the general groundfish prohibitions specified 
in Sec. 660.12, subpart C, it is unlawful for any person to:
    (a) General. (1) Possess, deploy, haul, or carry onboard a fishing 
vessel subject to subparts C and E a set net, trap or pot, longline, or 
commercial vertical hook-and-line as defined at Sec. 660.11, subpart C, 
that is not in compliance with

[[Page 126]]

the gear restrictions in Sec. 660.230, subpart E, 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).
    (2) 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 limited entry, fixed 
gear sablefish primary season from a vessel authorized to fish in that 
season, as described at Sec. 660.231, subpart E.
    (b) Recordkeeping and reporting. Fail to retain on board a vessel 
from which sablefish caught in the sablefish primary season is landed, 
and provide to an authorized officer upon request, copies of any and all 
reports of sablefish landings against the sablefish-endorsed permit's 
tier limit, or receipts containing all data, and made in the exact 
manner required by the applicable state law throughout the sablefish 
primary season during which such landings occurred and for 15 days 
thereafter.
    (c) Fishing in conservation areas. (1) Operate a vessel registered 
to a limited entry permit with a longline or trap (pot) endorsement and 
longline and/or trap gear onboard in an applicable GCA (as defined at 
Sec. 660.230(d)), except for purposes of continuous transiting, with 
all groundfish longline and/or trap gear stowed in accordance with Sec. 
660.212(a) or except as authorized in the groundfish management measures 
at Sec. 660.230.
    (2) Fish with bottom contact gear (as defined in Sec. 660.11, 
subpart C) within the EEZ in the following areas (defined in Sec. Sec. 
660.78 and 660.79, subpart C): Thompson Seamount, President Jackson 
Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson 
Rock, Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith 
Rock, Skunk Point, Footprint, Gull Island, South Point, and Santa 
Barbara.
    (3) Fish with bottom contact gear (as defined in Sec. 660.11, 
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined in Sec. 660.75, subpart 
C).
    (d) Sablefish fisheries. (1) Take, retain, possess or land sablefish 
under the tier limits provided for the limited entry, fixed gear 
sablefish primary season, described in Sec. 660.231(b), subpart E, from 
a vessel that is not registered to a limited entry permit with a 
sablefish endorsement.
    (2) Take, retain, possess or land sablefish in the sablefish primary 
season, described at Sec. 660.231(b), subpart E, unless the owner of 
the limited entry permit registered for use with that vessel and 
authorizing the vessel to fish in the sablefish primary season is on 
board that vessel. Exceptions to this prohibition are provided at Sec. 
660.231(b)(4)(i) and (ii).
    (3) Process sablefish taken at-sea in the limited entry fixed gear 
sablefish primary fishery defined at Sec. 660.231, subpart E, from a 
vessel that does not have a sablefish at-sea processing exemption, 
defined at Sec. 660.25(b)(3)(iv)(D), subpart C.



Sec. 660.213  Fixed gear fishery--recordkeeping and reporting.

    (a) General. General reporting requirements specified at Sec. 
660.13 (a) through (c), subpart C, apply to limited entry fixed gear 
fishery vessels.
    (b) Declaration reports for limited entry fixed gear fishery 
vessels. Declaration reporting requirements for limited entry fixed gear 
fishery vessels are specified at Sec. 660.13 (d), subpart C.
    (c) VMS requirements for limited entry fixed gear fishery vessels. 
VMS requirements for limited entry fixed gear fishery vessels are 
specified at Sec. 660.14, subpart C.
    (d) Retention of records. (1) Any person landing groundfish must 
retain on board the vessel from which groundfish are 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.
    (2) For participants in the sablefish primary season, the cumulative 
limit period to which this requirement applies is April 1 through 
October 31 or,

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for an individual permit holder, when that permit holder's tier limit is 
attained, whichever is earlier.



Sec. 660.216  Fixed gear fishery--observer requirements.

    (a) Observer coverage requirements. When NMFS notifies the owner, 
operator, permit holder, or the manager of a catcher vessel, specified 
at Sec. 660.16(c), subpart C, of any requirement to carry an observer, 
the catcher vessel may not be used to fish for groundfish without 
carrying an observer.
    (b) 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.
    (1) 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 (b) 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.
    (2) 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 (b) 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.
    (c) Cease fishing report. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any 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.
    (d) 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.
    (e) Vessel responsibilities--(1) Accommodations and food. An 
operator of a vessel required to carry one or more observer(s) must 
provide accommodations and food that are 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 USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec. 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 U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (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

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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.
    (f) Sample station--(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 observer sampling 
station and the location where the observer collects sample catch.
    (2) [Reserved]



Sec. 660.219  Fixed gear identification and marking.

    (a) Gear identification. (1) Limited entry fixed gear (longline, 
trap or pot) must be marked at the surface and at each terminal end, 
with a pole, flag, light, radar reflector, and a buoy.
    (2) A buoy used to mark fixed gear 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.
    (b) [Reserved]



Sec. 660.220  Fixed gear fishery--crossover provisions.

    (a) Operating in both limited entry and open access fisheries. See 
provisions at Sec. 660.60(h)(7), subpart C.
    (b) Operating in north-south management areas with different trip 
limits. NMFS uses different types of management areas for West Coast 
groundfish management. One type of management area is the north-south 
management area, a large ocean area with northern and southern boundary 
lines wherein trip limits, seasons, and conservation areas follow a 
single theme. Within each north-south management area, there may be one 
or more conservation areas, detailed in Sec. Sec. 660.60(h)(7) and 
660.70 through 660.74, subpart C. The provisions within this paragraph 
apply to vessels operating in different north-south management areas. 
Trip limits for a species or a species group may differ in different 
north-south management areas along the coast. The following 
``crossover'' provisions apply to vessels operating in different 
geographical areas that have different cumulative or ``per trip'' trip 
limits for the same species or species group. Such crossover provisions 
do not apply to species that are subject only to daily trip limits, or 
to the trip limits for black rockfish off Washington (see Sec. 
660.230(d)).
    (1) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies before 
fishing in an area where a more liberal trip limit (or no trip limit) 
applies, then that vessel is subject to the more restrictive trip limit 
for the entire period to which that trip limit applies, no matter where 
the fish are taken and retained, possessed, or landed.
    (2) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an area 
where a more restrictive trip limit applies, that vessel is subject to 
the more restrictive trip limit for the entire period to which that trip 
limit

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applies, no matter where the fish are taken and retained, possessed, or 
landed.
    (3) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the fishing 
year, NMFS may implement management measures for a species or species 
group that set different types of trip limits (for example, per trip 
limits versus cumulative trip limits) for different areas. If a vessel 
fishes for a species or species group that is managed with different 
types of trip limits in two different areas within the same cumulative 
limit period, then that vessel is subject to the most restrictive 
overall cumulative limit for that species, regardless of where fishing 
occurs.
    (4) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10' N. lat. management 
line, and are included as part of a minor rockfish complex on the other 
side of the line. A vessel that takes and retains fish from a minor 
rockfish complex (nearshore, shelf, or slope) on both sides of a 
management line during a single cumulative limit period is subject to 
the more restrictive cumulative limit for that minor rockfish complex 
during that period.
    (i) If a vessel takes and retains minor slope rockfish north of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess or land splitnose rockfish up to its cumulative limit south of 
40[deg]10' N. lat., even if splitnose rockfish were a part of the 
landings from minor slope rockfish taken and retained north of 
40[deg]10' N. lat.
    (ii) If a vessel takes and retains minor slope rockfish south of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess or land POP up to its cumulative limit north of 40[deg]10' N. 
lat., even if POP were a part of the landings from minor slope rockfish 
taken and retained south of 40[deg]10' N. lat.



Sec. 660.230  Fixed gear fishery-management measures.

    (a) General. Most species taken in limited entry fixed gear 
(longline and pot/trap) fisheries will be managed with cumulative trip 
limits (see trip limits in Tables 2 (North) and 2 (South) of this 
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip limits 
in Tables 2 (North) and 2 (South) of this subpart and sablefish primary 
season details in Sec. 660.231), gear restrictions (see paragraph (b) 
of this section), and closed areas (see paragraph (d) of this section 
and Sec. Sec. 660.70 through 660.79, subpart C). Cowcod retention is 
prohibited in all fisheries, and groundfish vessels operating south of 
Point Conception must adhere to CCA restrictions (see paragraph (d)(10) 
of this section and Sec. 660.70, subpart C). Yelloweye rockfish and 
canary rockfish retention is prohibited in the limited entry fixed gear 
fisheries. Regulations governing and tier limits for the limited entry, 
fixed gear sablefish primary season north of 36[deg] N. lat. are found 
in Sec. 660.231, subpart E. Vessels not participating in the sablefish 
primary season are subject to daily or weekly sablefish limits in 
addition to cumulative limits for each cumulative limit period. Only one 
sablefish landing per week may be made in excess of the daily trip limit 
and, if the vessel chooses to make a landing in excess of that daily 
trip limit, then that is the only sablefish landing permitted for that 
week. The trip limit for black rockfish caught with hook-and-line gear 
also applies, see Sec. 660.230(d). The trip limits in Table 2 (North) 
and Table 2 (South) of this subpart apply to vessels participating in 
the limited entry groundfish fixed gear fishery and may not be exceeded. 
Federal commercial groundfish regulations are not intended to supersede 
any more restrictive state commercial groundfish regulations relating to 
federally-managed groundfish.
    (b) Gear restrictions--(1) Longline and pot or trap gear are 
authorized in the limited entry fixed gear fishery, providing the gear 
is in compliance with the restrictions set forth in this section, and 
gear marking requirements described in Sec. 660.219 of this subpart.
    (2) Vessels participating in the limited entry fixed gear fishery 
may also fish with open access gear subject to the gear restrictions at 
Sec. 660.330(b), subpart F, but will be subject to the most restrictive 
trip limits for the gear used as specified at Sec. 660.60(h)(7), 
subpart C.

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    (3) Limited entry fixed gear (longline, trap or pot gear) must be 
attended at least once every 7 days.
    (4) Traps or pots 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.
    (c) Sorting Requirements. (1) Under Sec. 660.12(a)(8), subpart C, 
it is unlawful for any person to ``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, scientific sorting 
designation, quota, harvest guideline, or OY, if the vessel fished or 
landed in an area during a time when such trip limit, size limit, 
scientific sorting designation, quota, harvest guideline, or OY 
applied.'' The States of Washington, Oregon, and California may also 
require that vessels record their landings as sorted on their state 
landing receipts.
    (2) For limited entry fixed gear, the following species must be 
sorted:
    (i) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose 
skate, and Pacific whiting;
    (ii) North of 40[deg]10' N. lat.--POP, yellowtail rockfish;
    (iii) South of 40[deg]10' N. lat.--minor shallow nearshore rockfish, 
minor deeper nearshore rockfish, California scorpionfish, chilipepper 
rockfish, bocaccio rockfish, splitnose rockfish, Pacific sanddabs, 
cowcod, bronzespotted rockfish and cabezon.
    (d) Groundfish conservation areas applicable to limited entry fixed 
gear vessels. A GCA, a type of closed area, is a geographic area defined 
by coordinates expressed in degrees of latitude and longitude. The 
latitude and longitude coordinates of the GCA boundaries are specified 
at Sec. Sec. 660.70 through 660.74, subpart C. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g. fishing for 
``other flatfish'' using no more than 12 hooks, ``Number 2'' or 
smaller), may not simultaneously have other gear on board the vessel 
that is unlawful to use for fishing within the GCA. The following GCAs 
apply to vessels participating in the limited entry fixed gear fishery.
    (1) North coast recreational yelloweye rockfish conservation area. 
The latitude and longitude coordinates of the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. The North Coast Recreational YRCA is designated 
as an area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (2) North coast commercial yelloweye rockfish conservation area. The 
latitude and longitude coordinates of the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. Fishing with limited entry fixed gear is 
prohibited within the North Coast Commercial YRCA. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the North Coast Commercial YRCA. Limited entry fixed 
gear vessels may transit through the North Coast Commercial YRCA with or 
without groundfish on board.
    (3) South coast recreational yelloweye rockfish conservation area. 
The latitude and longitude coordinates of the South Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. The South Coast Recreational YRCA is designated 
as an area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (4) Westport offshore recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec. 660.70, subpart C. The Westport 
Offshore Recreational YRCA is designated as an area to be avoided (a 
voluntary closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates of 
the Point St. George YRCA boundaries are specified at Sec. 660.70, 
Subpart C. Fishing with limited entry fixed gear is prohibited within 
the Point St. George

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YRCA, on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with limited entry fixed gear 
within the Point St. George YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Point St. George YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment. Limited entry fixed gear vessels may transit 
through the Point St. George YRCA, at any time, with or without 
groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec. 660.70, subpart C. 
Fishing with limited entry fixed gear is prohibited within the South 
Reef YRCA, on dates when the closure is in effect. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the South Reef YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the South Reef YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment. Limited entry fixed gear vessels may transit through the 
South Reef YRCA, at any time, with or without groundfish on board.
    (7) Reading Rock YRCA. The latitude and longitude coordinates of the 
Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart C. 
Fishing with limited entry fixed gear is prohibited within the Reading 
Rock YRCA, on dates when the closure is in effect. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the Reading Rock YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Reading Rock YRCA from January 
1 through December 31. This closure may be imposed through inseason 
adjustment. Limited entry fixed gear vessels may transit through the 
Reading Rock YRCA, at any time, with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec. 660.70, subpart C. Fishing with limited entry fixed gear is 
prohibited within the Point Delgada (North) YRCA, on dates when the 
closure is in effect. It is unlawful to take and retain, possess, or 
land groundfish taken with limited entry fixed gear within the Point 
Delgada (North) YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Point Delgada (North) YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment. Limited entry fixed gear vessels may transit through the 
Point Delgada (North) YRCA, at any time, with or without groundfish on 
board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec. 660.70, subpart C. Fishing with limited entry fixed gear is 
prohibited within the Point Delgada (South) YRCA, on dates when the 
closure is in effect. It is unlawful to take and retain, possess, or 
land groundfish taken with limited entry fixed gear within the Point 
Delgada (South) YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Point Delgada (South) YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment. Limited entry fixed gear vessels may transit through the 
Point Delgada (South) YRCA, at any time, with or without groundfish on 
board.
    (10) Cowcod Conservation Areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.70, subpart C. It is unlawful to take and retain, 
possess, or land groundfish within the CCAs, except for species 
authorized in this paragraph caught according to gear requirements in 
this paragraph, when those waters are open to fishing. Commercial 
fishing vessels may transit through the Western CCA with their gear 
stowed and groundfish on board

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only in a corridor through the Western CCA bounded on the north by the 
latitude line at 33[deg]00.50' N. lat., and bounded on the south by the 
latitude line at 32[deg]59.50' N. lat. Fishing with limited entry fixed 
gear is prohibited within the CCAs, except as follows:
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: When using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45 kg) weights per line; and 
provided a valid declaration report as required at Sec. 660.13(d), 
subpart C, has been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report as required at 
Sec. 660.13(d), subpart C, has been filed with NMFS OLE.
    (11) Nontrawl Rockfish Conservation Areas (RCA). The nontrawl RCAs 
are closed areas, defined by specific latitude and longitude coordinates 
(specified at Sec. Sec. 660.70 through 660.74, subpart C) designed to 
approximate specific depth contours, where fishing for groundfish with 
nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout 
the year are provided in the header to Table 2 (North) and Table 2 
(South) of this subpart and may be modified by NMFS inseason pursuant to 
Sec. 660.60(c), subpart C.
    (i) It is unlawful to operate a vessel with limited entry nontrawl 
gear in the nontrawl RCA, except for the purpose of continuous transit, 
or when the use of limited entry nontrawl gear is authorized in this 
section. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry nontrawl gear within the nontrawl RCA, unless 
otherwise authorized in this section.
    (ii) Limited entry nontrawl vessels may transit through the nontrawl 
RCA, with or without groundfish on board, provided all groundfish 
nontrawl gear is stowed either: Below deck; or if the gear cannot 
readily be moved, in a secured and covered manner, detached from all 
lines, so that it is rendered unusable for fishing.
    (iii) The nontrawl RCA restrictions in this section apply to vessels 
registered to limited entry fixed gear permits fishing for species other 
than groundfish with nontrawl gear on trips where groundfish species are 
retained. Unless otherwise authorized in this section, a vessel may not 
retain any groundfish taken on a fishing trip for species other than 
groundfish that occurs within the nontrawl RCA. If a vessel fishes in a 
non-groundfish fishery in the nontrawl RCA, it may not participate in 
any fishing for groundfish on that trip that is prohibited within the 
nontrawl RCA. [For example, if a vessel fishes in the salmon troll 
fishery within the RCA, the vessel cannot on the same trip fish in the 
sablefish fishery outside of the RCA.]
    (iv) It is lawful to fish within the nontrawl RCA with limited entry 
fixed gear only under the following conditions: when fishing for ``other 
flatfish'' off California (between 42[deg] N. lat. south to the U.S./
Mexico border) using no more than 12 hooks, ``Number 2'' or smaller, 
which measure no more than 11 mm (0.44 inches) point to shank, and up to 
two 1-lb (0.91 kg) weights per line when trip limits authorize such 
fishing, provided a valid declaration report as required at Sec. 
660.13(d), subpart C, has been filed with NMFS OLE.
    (12) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
permitted around the Farallon Islands using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45-kg) weights per line. (See 
Table 2 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec. 660.70, subpart C.
    (13) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100 fm (183 m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec. 660.70, 
subpart C. An exception to this prohibition is that commercial fishing 
for ``other flatfish'' is permitted around Cordell Banks using no more 
than 12 hooks, ``Number 2'' or

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smaller, which measure no more than 11 mm (0.44 inches) point to shank, 
and up to two 1-lb (0.45-kg) weights per line.
    (14) Essential Fish Habitat Conservation Areas (EFHCA). An EFHCA, a 
type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude at Sec. Sec. 660.75 
through 660.79, Subpart C, where specified types of fishing are 
prohibited in accordance with Sec. 660.12, Subpart C. EFHCAs apply to 
vessels using ``bottom contact gear,'' which is defined at Sec. 660.11, 
Subpart C to include limited entry fixed gear (longline and pot/trap,) 
among other gear types. Fishing with all bottom contact gear, including 
longline and pot/trap gear, is prohibited within the following EFHCAs, 
which are defined by specific latitude and longitude coordinates at 
Sec. Sec. 660.75 through 660.79, subpart C: Thompson Seamount, 
President Jackson Seamount, Cordell Bank (50 fm (91 m) isobath), Harris 
Point, Richardson Rock, Scorpion, Painted Cave, Anacapa Island, 
Carrington Point, Judith Rock, Skunk Point, Footprint, Gull Island, 
South Point, and Santa Barbara. Fishing with bottom contact gear is also 
prohibited within the Davidson Seamount EFH Area, which is defined by 
specific latitude and longitude coordinates at Sec. 660.75, subpart C.
    (e) Black rockfish fishery management. 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]09.50' N. lat.), and between Destruction Island (47[deg]40' N. 
lat.) and Leadbetter Point (46[deg]38.17' 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. These per trip limits apply to limited entry 
and open access fisheries, in conjunction with the cumulative trip 
limits and other management measures in Sec. 660.230, subpart E, and 
Sec. 660.330, subpart F. The crossover provisions in Sec. 
660.60(h)(7), subpart C, do not apply to the black rockfish per-trip 
limits.



Sec. 660.231  Limited entry fixed gear sablefish primary fishery.

    This section applies to the sablefish primary season for the limited 
entry fixed gear fishery north of 36[deg] N. lat. Limited entry and open 
access fixed gear sablefish fishing outside of the sablefish primary 
season north of 36[deg] N. lat. is governed by routine management 
measures imposed under Sec. Sec. 660.230 and 660.232, subpart E.
    (a) Sablefish endorsement. A vessel may not fish in the sablefish 
primary season for the limited entry fixed gear 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. 660.25(b)(3)(iv), subpart C.
    (b) Sablefish primary season for the limited entry fixed gear 
fishery--(1) Season dates. North of 36[deg] N. lat., the sablefish 
primary season for the limited entry, fixed gear, sablefish-endorsed 
vessels begins at 12 noon local time on April 1 and ends at 12 noon 
local time on October 31, or for an individual permit holder when that 
permit holder's tier limit has been reached, whichever is earlier, 
unless otherwise announced by the Regional Administrator through the 
routine management measures process described at Sec. 660.60, subpart 
C. (2)
    Gear type. During the season primary and when fishing against 
primary season cumulative limits, each vessel authorized to fish in that 
season under paragraph (a) 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.
    (3) Cumulative limits. (i) 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. During the 
primary season, each vessel authorized to fish in that season under 
paragraph (a) 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 (i.e., stacked permits). 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 this paragraph for the tiers

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for those permits, except as limited by paragraph (b)(3)(ii) 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 Sec. 660.232, subpart E. In 
2009, the following annual limits are in effect: Tier 1 at 61,296-lb 
(27,803 kg), Tier 2 at 27,862-lb (12,638 kg), and Tier 3 at 15,921-lb 
(7,221 kg). For 2010 and beyond, the following annual limits are in 
effect: Tier 1 at 56,081-lb (25,437 kg), Tier 2 at 25,492-lb (11,562 
kg), and Tier 3 at 14,567-lb (6,648 kg).
    (ii) 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.
    (iii) 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.
    (iv) Incidental halibut retention north of Pt. Chehalis, WA (46[deg] 
53.30' N. lat.). No halibut retention is allowed during the primary 
sablefish fishery in 2010.
    (4) Owner-on-board requirement. Any person who owns or has ownership 
interest in a limited entry permit with a sablefish endorsement, as 
described at Sec. 660.25(b)(3), subpart C, must be on board the vessel 
registered for use with that permit at any time that the vessel has 
sablefish on board the vessel that count toward that permit's cumulative 
sablefish landing limit. This person must carry government issued photo 
identification while aboard the vessel. A permit owner is not obligated 
to be on board the vessel registered for use with the sablefish-endorsed 
limited entry permit during the sablefish primary season if:
    (i) The person, partnership or corporation had ownership interest in 
a limited entry permit with a sablefish endorsement prior to November 1, 
2000. A person who has ownership interest in a partnership or 
corporation that owned a sablefish-endorsed permit as of November 1, 
2000, but who did not individually own a sablefish-endorsed limited 
entry permit as of November 1, 2000, is not exempt from the owner-on-
board requirement when he/she leaves the partnership or corporation and 
purchases another permit individually. A person, partnership, or 
corporation that is exempt from the owner-on-board requirement may sell 
all of their permits, buy another sablefish-endorsed permit within up to 
a year from the date the last permit was approved for transfer, and 
retain their exemption from the owner-on-board requirements. 
Additionally, a person, partnership, or corporation that qualified for 
the owner-on-board exemption, but later divested their interest in a 
permit or permits, may retain rights to an owner-on-board exemption as 
long as that person, partnership, or corporation purchases another 
permit by March 2, 2007. A person, partnership or corporation could only 
purchase a permit if it has not added or changed individuals since 
November 1, 2000, excluding individuals that have left the partnership 
or corporation, or that have died.
    (ii) The person who owns or who has ownership interest in a 
sablefish-endorsed limited entry permit is prevented from being on board 
a fishing vessel because the person died, is ill, or is injured. The 
person requesting the exemption must send a letter to NMFS requesting an 
exemption from the owner-on-board requirements, with appropriate 
evidence as described at paragraph (b)(4)(ii)(A) or (B) of this section. 
All emergency exemptions for death, injury, or illness will be evaluated 
by NMFS and a decision will be made in writing to the permit owner 
within 60 calendar days of receipt of the original exemption request.
    (A) Evidence of death of the permit owner shall be provided to NMFS 
in

[[Page 135]]

the form of a copy of a death certificate. In the interim before the 
estate is settled, if the deceased permit owner was subject to the 
owner-on-board requirements, the estate of the deceased permit owner may 
send a letter to NMFS with a copy of the death certificate, requesting 
an exemption from the owner-on-board requirements. An exemption due to 
death of the permit owner will be effective only until such time that 
the estate of the deceased permit owner has transferred the deceased 
permit owner's permit to a beneficiary or up to three years after the 
date of death as proven by a death certificate, whichever is earlier. An 
exemption from the owner-on-board requirements will be conveyed in a 
letter from NMFS to the estate of the permit owner and is required to be 
on the vessel during fishing operations.
    (B) Evidence of illness or injury that prevents the permit owner 
from participating in the fishery shall be provided to NMFS in the form 
of a letter from a certified medical practitioner. This letter must 
detail the relevant medical conditions of the permit owner and how those 
conditions prevent the permit owner from being onboard a fishing vessel 
during the primary season. An exemption due to injury or illness will be 
effective only for the fishing year of the request for exemption, and 
will not be granted for more than three consecutive or total years. NMFS 
will consider any exemption granted for less than 12 months in a year to 
count as one year against the 3-year cap. In order to extend an 
emergency medical exemption for a succeeding year, the permit owner must 
submit a new request and provide documentation from a certified medical 
practitioner detailing why the permit owner is still unable to be 
onboard a fishing vessel. An emergency exemption will be conveyed in a 
letter from NMFS to the permit owner and is required to be on the vessel 
during fishing operations.



Sec. 660.232  Limited entry daily trip limit (DTL) fishery for sablefish.

    (a) Limited entry DTL fisheries both north and south of 36[deg] N. 
lat.--(1) Before the start of the primary season for the sablefish tier 
limit fishery, all sablefish landings made by a vessel authorized by 
Sec. 660.231(a) to fish in the primary season will be subject to the 
restrictions and limits of the limited entry daily and/or weekly trip 
limit (DTL) fishery for sablefish specified in this section and which is 
governed by routine management measures imposed under Sec. 660.60(c), 
subpart C.
    (2) Following the start of the primary season, all landings made by 
a vessel authorized by Sec. 660.231(a) of this subpart to fish in the 
primary season will count against the primary season cumulative limit(s) 
associated with the permit(s) registered for use with that vessel. A 
vessel that is eligible to fish in the sablefish primary season may fish 
in the DTL fishery for sablefish once that vessels' primary season 
sablefish limit(s) have been taken, or after the end of the primary 
season, whichever occurs earlier. Any subsequent sablefish landings by 
that vessel will be subject to the restrictions and limits of the 
limited entry DTL fishery for sablefish for the remainder of the fishing 
year.
    (3) No vessel may land sablefish against both its primary season 
cumulative sablefish limits and against the DTL fishery limits within 
the same 24 hour period of 0001 hours local time to 2400 hours local 
time. If a vessel has taken all of its tier limit except for an amount 
that is smaller than the DTL amount, that vessel's subsequent sablefish 
landings are automatically subject to DTL limits.
    (4) Vessels registered for use with a limited entry, fixed gear 
permit that does not have a sablefish endorsement may fish in the 
limited entry, DTL fishery for as long as that fishery is open during 
the fishing year, subject to routine management measures imposed under 
Sec. 660.60(c), Subpart C. DTL limits for the limited entry fishery 
north and south of 36[deg] N. lat. are provided in Tables 2 (North) and 
2 (South) of this subpart.
    (b) [Reserved]

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   Sec. Table 2 (North) to Part 660, Subpart E--2010 Trip Limits for 
        Limited Entry Fixed Gear North of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.016


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[GRAPHIC] [TIFF OMITTED] TR01OC10.017


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   Sec. Table 2 (South) to Part 660, Subpart E--2010 Trip Limits for 
        Limited Entry Fixed Gear South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.018


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[GRAPHIC] [TIFF OMITTED] TR01OC10.019



          Subpart F_West Coast Groundfish_Open Access Fisheries

    Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 60897, Oct. 1, 2010, subpart F was 
added, effective Nov. 1, 2010.



Sec. 660.310  Purpose and scope.

    This subpart covers the Pacific Coast Groundfish open access 
fishery. The open access fishery, as defined at Sec. 660.11, Subpart C, 
is the fishery composed of commercial vessels using open access gear 
fished pursuant to the harvest guidelines, quotas, and other management 
measures specified for the harvest of open access allocations or 
governing the fishing activities of open access vessels.



Sec. 660.311  Open access fishery--definitions.

    General definitions for the Pacific Coast groundfish fisheries are 
defined at Sec. 660.11, subpart C. The definitions in this subpart are 
specific to the open access fishery covered in this subpart and are in 
addition to those specified at Sec. 660.11, subpart C.
    Closely tended for the purposes of this subpart means that a vessel 
is within visual sighting distance or within 0.25 nm (463 m) of the gear 
as determined by electronic navigational equipment.



Sec. 660.312  Open access fishery--prohibitions.

    General groundfish prohibitions for the Pacific Coast groundfish 
fisheries are defined at Sec. 660.12, subpart C. In addition to the 
general groundfish prohibitions, it is unlawful for any person to:
    (a) General. (1) 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.
    (2) Black rockfish fisheries. Have onboard a commercial hook-and-
line fishing vessel (other than a vessel operated by persons under Sec. 
660.60 (c)(1)(ii), subpart C), more than the amount of the trip limit 
set for black rockfish by Sec. 660.330(e) while that vessel is fishing

[[Page 140]]

between the U.S.-Canada border and Cape Alava (48[deg]09'30'' N. lat.), 
or between Destruction Island (47[deg]40'00'' N. lat.) and Leadbetter 
Point (46[deg]38'10'' N. lat.).
    (b) Gear. (1) Possess, deploy, haul, or carry onboard a fishing 
vessel subject to this subpart a set net, trap or pot, longline, or 
commercial vertical hook-and-line that is not in compliance with the 
gear restrictions in Sec. 660.330(b), subpart F, 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).
    (2) Fish with dredge gear (defined in Sec. 660.11) anywhere within 
EFH within the EEZ, as defined by latitude/longitude coordinates at 
Sec. 660.75.
    (3) Fish with beam trawl gear (defined in Sec. 660.11) anywhere 
within EFH within the EEZ, as defined by latitude/longitude coordinates 
at Sec. 660.75.
    (4) Fish with bottom trawl gear with a footrope diameter greater 
than 19 inches (48 cm) (including rollers, bobbins, or other material 
encircling or tied along the length of the footrope) anywhere in EFH 
within the EEZ, as defined by latitude/longitude coordinates at Sec. 
660.75.
    (c) Fishing in conservation areas with open access gears. (1) 
Operate a vessel with non-groundfish trawl gear onboard in any 
applicable GCA (as defined at Sec. 660.330(d)) except for purposes of 
continuous transiting, with all trawl gear stowed in accordance with 
Sec. 660.330(b), or except as authorized in the groundfish management 
measures published at Sec. 660.330.
    (2) Operate a vessel in an applicable GCA (as defined at Sec. 
660.330(d) that has nontrawl gear onboard and is not registered to a 
limited entry permit on a trip in which the vessel is used to take and 
retain or possess groundfish in the EEZ, possess or land groundfish 
taken in the EEZ, except for purposes of continuous transiting, with all 
groundfish nontrawl gear stowed in accordance with Sec. 660.330(b), or 
except as authorized in the groundfish management measures published at 
Sec. 660.330.
    (3) Fish with bottom contact gear (as defined in Sec. 660.11, 
subpart C) within the EEZ in the following areas (defined in Sec. Sec. 
660.78 and 660.79): Thompson Seamount, President Jackson Seamount, 
Cordell Bank (50-fm (91-m) isobath), Harris Point, Richardson Rock, 
Scorpion, Painted Cave, Anacapa Island, Carrington Point, Judith Rock, 
Skunk Point, Footprint, Gull Island, South Point, and Santa Barbara.
    (4) Fish with bottom contact gear (as defined in Sec. 660.11, 
subpart C), or any other gear that is deployed deeper than 500-fm (914-
m), within the Davidson Seamount area (defined in Sec. 660.75).



Sec. 660.313  Open access fishery--recordkeeping and reporting.

    (a) General. General reporting requirements specified at Sec. 
660.13(a) through (c) of subpart C apply to open access fisheries.
    (b) Declaration reports for vessels using nontrawl gear. Declaration 
reporting requirements for open access vessels using nontrawl gear (all 
types of open access gear other than non-groundfish trawl gear) are 
specified at Sec. 660.13(d).
    (c) Declaration reports for vessels using non-groundfish trawl gear. 
Declaration reporting requirements for open access vessels using non-
groundfish trawl gear are specified at Sec. 660.13(d).
    (d) VMS requirements for open access fishery vessels. VMS 
requirements for open access fishery vessels are specified at Sec. 
660.14, subpart C.
    (e) Retention of records. 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.



Sec. 660.316  Open access fishery--observer requirements.

    (a) Observer coverage requirements. When NMFS notifies the owner, 
operator, permit holder, or the manager of a catcher vessel, specified 
at Sec. 660.16(c), subpart C, of any requirement to carry an observer, 
the catcher vessel may not be used to fish for

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groundfish without carrying an observer.
    (b) 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.
    (1) 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 (b) 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.
    (2) 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 (b) 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.
    (c) Cease fishing report. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any 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.
    (d) 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.
    (e) Vessel responsibilities--(1) Accommodations and food. An 
operator of a vessel required to carry one or more observer(s) must 
provide accommodations and food that are 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 USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec. 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 U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (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).

[[Page 142]]

    (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.
    (f) Sample station--(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 observer sampling 
station and the location where the observer collects sample catch.



Sec. 660.319  Open access fishery gear identification and marking.

    (a) Gear identification. (1) Open access fixed gear (longline, trap 
or pot, set net and stationary hook-and-line gear, including commercial 
vertical hook-and-line gear) must be marked at the surface and at each 
terminal end, with a pole, flag, light, radar reflector, and a buoy.
    (2) Open access commercial vertical hook-and-line gear that is 
closely tended as defined at Sec. 660.311 of this subpart, may be 
marked only with a single buoy of sufficient size to float the gear.
    (3) A buoy used to mark fixed gear under paragraph (a)(1) or (a)(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.
    (b) [Reserved]



Sec. 660.320  Open access fishery--crossover provisions.

    (a) Operating in both limited entry and open access fisheries. See 
provisions at Sec. 660.60, subpart C.
    (b) Operating in north-south management areas with different trip 
limits. NMFS uses different types of management areas for West Coast 
groundfish management. One type of management area is the north-south 
management area, a large ocean area with northern and southern boundary 
lines wherein trip limits, seasons, and conservation areas follow a 
single theme. Within each north-south management area, there may be one 
or more conservation areas, detailed in Sec. Sec. 660.11 and 660.70 
through 660.74, subpart C. The provisions within this paragraph apply to 
vessels operating in different north-south management areas. Trip limits 
for a species or a species group may differ in different north-south 
management areas along the coast. The following ``crossover'' provisions 
apply to vessels operating in different geographical areas that have 
different cumulative or ``per trip'' trip limits for the same species or 
species group. Such crossover provisions do not apply to species that 
are subject only to daily trip limits, or to the trip limits for black 
rockfish off Washington (see Sec. 660.330(e)).
    (1) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies before 
fishing in an area where a more liberal trip limit (or no trip limit) 
applies, then that vessel is subject to the more restrictive trip limit 
for the entire period to which that trip limit applies, no matter where 
the fish are taken and retained, possessed, or landed.
    (2) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an area 
where a more restrictive trip limit applies, that vessel is subject to 
the more restrictive trip limit for the entire period to which that trip 
limit

[[Page 143]]

applies, no matter where the fish are taken and retained, possessed, or 
landed.
    (3) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the fishing 
year, NMFS may implement management measures for a species or species 
group that set different types of trip limits (for example, per trip 
limits versus cumulative trip limits) for different areas. If a vessel 
fishes for a species or species group that is managed with different 
types of trip limits in two different areas within the same cumulative 
limit period, then that vessel is subject to the most restrictive 
overall cumulative limit for that species, regardless of where fishing 
occurs.
    (4) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10' N. lat. management 
line, and are included as part of a minor rockfish complex on the other 
side of the line. A vessel that takes and retains fish from a minor 
rockfish complex (nearshore, shelf, or slope) on both sides of a 
management line during a single cumulative limit period is subject to 
the more restrictive cumulative limit for that minor rockfish complex 
during that period.
    (i) If a vessel takes and retains minor slope rockfish north of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess or land splitnose rockfish up to its cumulative limit south of 
40[deg]10' N. lat., even if splitnose rockfish were a part of the 
landings from minor slope rockfish taken and retained north of 
40[deg]10' N. lat.
    (ii) If a vessel takes and retains minor slope rockfish south of 
40[deg]10' N. lat., that vessel is also permitted to take and retain, 
possess or land POP up to its cumulative limit north of 40[deg]10' N. 
lat., even if POP were a part of the landings from minor slope rockfish 
taken and retained south of 40[deg]10' N. lat.
    (5) ``DTS complex''. There are often differential trawl trip limits 
for the ``DTS complex'' north and south of latitudinal management lines. 
Vessels operating in the limited entry trawl fishery are subject to the 
crossover provisions in paragraph (b) of this section when making 
landings that include any one of the four species in the ``DTS 
complex.''



Sec. 660.330  Open access fishery--management measures.

    (a) General. Groundfish species taken in open access fisheries will 
be managed with cumulative trip limits (see trip limits in Tables 3 
(North) and 3 (South) of this subpart), size limits (see Sec. 
660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South) of 
this subpart), gear restrictions (see paragraph (b) of this section), 
and closed areas (see paragraph (d) of this section and Sec. Sec. 
660.70 through 660.79, subpart C). Unless otherwise specified, a vessel 
operating in the open access fishery is subject to, and must not exceed 
any trip limit, frequency limit, and/or size limit for the open access 
fishery. Cowcod retention is prohibited in all fisheries and groundfish 
vessels operating south of Point Conception must adhere to CCA 
restrictions (see paragraph (d)(11) of this section and Sec. 660.70, 
subpart C). Retention of yelloweye rockfish and canary rockfish is 
prohibited in all open access fisheries. For information on the open 
access daily/weekly trip limit fishery for sablefish, see Sec. 660.332 
and the trip limits in Tables 3 (North) and 3 (South) of this subpart. 
Open access vessels are subject to daily or weekly sablefish limits in 
addition to cumulative limits for each cumulative limit period. Only one 
sablefish landing per week may be made in excess of the daily trip limit 
and, if the vessel chooses to make a landing in excess of that daily 
trip limit, then that is the only sablefish landing permitted for that 
week. The trip limit for black rockfish caught with hook-and-line gear 
also applies, see paragraph (e) of this section. Open access vessels 
that fish with non-groundfish trawl gear or in the salmon troll fishery 
north of 40[deg]10' N. lat. are subject the cumulative limits and closed 
areas (except the pink shrimp fishery which is not subject to RCA 
restrictions) listed in Tables 3 (North) and 3 (South) of this subpart. 
Federal commercial groundfish regulations are not intended to supersede 
any more restrictive state commercial groundfish regulations relating to 
federally managed groundfish.

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    (b) Gear restrictions. Open access gear includes longline, trap, 
pot, hook-and-line (fixed or mobile), setnet (anchored gillnet or 
trammel net, which are permissible south of 38[deg] N. lat. only), spear 
and non-groundfish trawl gear (trawls used to target non-groundfish 
species: pink shrimp or ridgeback prawns, and, south of Pt. Arena, CA 
(38[deg]57.50' N. lat.), California halibut or sea cucumbers). 
Restrictions for gears used in the open access fisheries are as follows:
    (1) Non-groundfish trawl gear. Non-groundfish trawl gear is 
generally trawl gear used to target pink shrimp, ridgeback prawn, 
California halibut and sea cucumber and is exempt from the limited entry 
trawl gear restrictions at Sec. 660.130(b). The following gear 
restrictions apply to non-groundfish trawl gear:
    (i) Bottom trawl gear with a footrope diameter greater than 19 
inches (48 cm) (including rollers, bobbins, or other material encircling 
or tied along the length of the footrope) is prohibited anywhere in EFH 
within the EEZ, as defined by latitude/longitude coordinates at Sec. 
660.75. 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).
    (ii) [Reserved]
    (2) Fixed gear. (i) Fixed gear (longline, trap or pot, set net and 
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be attended at least once every 7 days.
    (ii) Set nets. Fishing for groundfish with set nets is prohibited in 
the fishery management area north of 38[deg]00.00' N. lat.
    (iii) 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.
    (iv) Spears. Spears may be propelled by hand or by mechanical means.
    (c) Sorting. Under Sec. 660.12(a)(8), subpart C, it is unlawful for 
any person to ``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, scientific sorting designation, quota, 
harvest guideline, or OY, if the vessel fished or landed in an area 
during a time when such trip limit, size limit, scientific sorting 
designation, quota, harvest guideline, or OY applied.'' The States of 
Washington, Oregon, and California may also require that vessels record 
their landings as sorted on their state landing receipts. For open 
access vessels, the following species must be sorted:
    (1) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, longnose skate, other 
fish, Pacific whiting, and Pacific sanddabs;
    (2) North of 40[deg]10' N. lat.--POP, yellowtail rockfish;
    (3) South of 40[deg]10' N. lat.--minor shallow nearshore rockfish, 
minor deeper nearshore rockfish, chilipepper rockfish, bocaccio 
rockfish, splitnose rockfish, cowcod, bronzespotted rockfish and 
cabezon.
    (d) Groundfish conservation areas affecting open access vessels. A 
GCA, a type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g. fishing for 
``other flatfish'' using no more than 12 hooks, ``Number 2'' or 
smaller), may not simultaneously have other gear on board the vessel 
that is unlawful to use for fishing within the GCA. The following GCAs 
apply to vessels participating in the open access groundfish fishery.
    (1) North coast recreational yelloweye rockfish conservation area. 
The latitude and longitude coordinates of the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. The

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North Coast Recreational YRCA is designated as an area to be avoided (a 
voluntary closure) by commercial fixed gear fishers.
    (2) North coast commercial yelloweye rockfish conservation area. The 
latitude and longitude coordinates of the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. Fishing with open access gear is prohibited 
within the North Coast Commercial YRCA. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the North Coast Commercial YRCA. Open access vessels may transit through 
the North Coast Commercial YRCA with or without groundfish on board.
    (3) South coast recreational yelloweye rockfish conservation area. 
The latitude and longitude coordinates of the South Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.70, subpart C. The South Coast Recreational YRCA is designated 
as an area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (4) Westport offshore recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec. 660.70, subpart C. The Westport 
Offshore Recreational YRCA is designated as an area to be avoided (a 
voluntary closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates of 
the Point St. George YRCA boundaries are specified at Sec. 660.70, 
subpart C. Fishing with open access gear is prohibited within the Point 
St. George YRCA, on dates when the closure is in effect. It is unlawful 
to take and retain, possess, or land groundfish taken with open access 
gear within the Point St. George YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Point St. George YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment. Open access vessels may transit through the Point 
St. George YRCA, at any time, with or without groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec. 660.70, subpart C. 
Fishing with open access gear is prohibited within the South Reef YRCA, 
on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the South Reef YRCA, on dates when the closure is in effect. The closure 
is not in effect at this time, and commercial fishing for groundfish is 
open within the South Reef YRCA from January 1 through December 31. This 
closure may be imposed through inseason adjustment. Open access gear 
vessels may transit through the South Reef YRCA, at any time, with or 
without groundfish on board.
    (7) Reading Rock YRCA. The latitude and longitude coordinates of the 
Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart C. 
Fishing with open access gear is prohibited within the Reading Rock 
YRCA, on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the Reading Rock YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Reading Rock YRCA from January 1 through 
December 31. This closure may be imposed through inseason adjustment. 
Open access gear vessels may transit through the Reading Rock YRCA, at 
any time, with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec. 660.70, subpart C. Fishing with open access gear is prohibited 
within the Point Delgada (North) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with open access gear within the Point Delgada (North) YRCA, on 
dates when the closure is in effect. The closure is not in effect at 
this time, and commercial fishing for groundfish is open within the 
Point Delgada (North) YRCA from January 1 through December 31. This 
closure may be imposed

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through inseason adjustment. Open access gear vessels may transit 
through the Point Delgada (North) YRCA, at any time, with or without 
groundfish on board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec. 660.70, subpart C. Fishing with open access gear is prohibited 
within the Point Delgada (South) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with open access gear within the Point Delgada (South) YRCA, on 
dates when the closure is in effect. The closure is not in effect at 
this time, and commercial fishing for groundfish is open within the 
Point Delgada (South) YRCA from January 1 through December 31. This 
closure may be imposed through inseason adjustment. Open access gear 
vessels may transit through the Point Delgada (South) YRCA, at any time, 
with or without groundfish on board.
    (10) Salmon Troll Yelloweye Rockfish Conservation Area (YRCA). The 
latitude and longitude coordinates of the Salmon Troll YRCA boundaries 
are specified in the groundfish regulations at Sec. 660.70, subpart C, 
and in the salmon regulations at Sec. 660.405. Fishing with salmon 
troll gear is prohibited within the Salmon Troll YRCA. It is unlawful 
for commercial salmon troll vessels to take and retain, possess, or land 
fish taken with salmon troll gear within the Salmon Troll YRCA. Open 
access vessels may transit through the Salmon Troll YRCA with or without 
fish on board.
    (11) Cowcod Conservation Areas (CCAs). The latitude and longitude 
coordinates of the CCAs boundaries are specified at Sec. 660.70, 
subpart C. It is unlawful to take and retain, possess, or land 
groundfish within the CCAs, except for species authorized in this 
paragraph caught according to gear requirements in this paragraph, when 
those waters are open to fishing. Commercial fishing vessels may transit 
through the Western CCA with their gear stowed and groundfish on board 
only in a corridor through the Western CCA bounded on the north by the 
latitude line at 33[deg]00.50' N. lat., and bounded on the south by the 
latitude line at 32[deg]59.50' N. lat. Fishing with open access gear is 
prohibited in the CCAs, except as follows:
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: when using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45 kg) weights per line; and 
provided a valid declaration report as required at Sec. 660.12(d), 
subpart C, has been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report as required at 
Sec. 660.12(d), subpart C, has been filed with NMFS OLE.
    (12) Nontrawl rockfish conservation areas for the open access 
fisheries. The nontrawl RCAs are closed areas, defined by specific 
latitude and longitude coordinates (specified at Sec. Sec. 660.70 
through 660.74, subpart C) designed to approximate specific depth 
contours, where fishing for groundfish with nontrawl gear is prohibited. 
Boundaries for the nontrawl RCA throughout the year are provided in the 
open access trip limit tables, Table 3 (North) and Table 3 (South) of 
this subpart and may be modified by NMFS inseason pursuant to Sec. 
660.60(c).
    (i) It is unlawful to operate a vessel in the nontrawl RCA that has 
nontrawl gear onboard and is not registered to a limited entry permit on 
a trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ, or land groundfish taken in the EEZ, except for 
the purpose of continuous transiting, or when the use of nontrawl gear 
is authorized in part 660.
    (ii) On any trip on which a groundfish species is taken with 
nontrawl open access gear and retained, the open access nontrawl vessel 
may transit through the nontrawl RCA only if all groundfish nontrawl 
gear is stowed either: Below deck; or if the gear cannot readily be 
moved, in a secured and covered manner, detached from all lines, so that 
it is rendered unusable for fishing.
    (iii) The nontrawl RCA restrictions in this section apply to vessels 
taking and retaining or possessing groundfish

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in the EEZ, or landing groundfish taken in the EEZ. Unless otherwise 
authorized by part 660, a vessel may not retain any groundfish taken on 
a fishing trip for species other than groundfish that occurs within the 
nontrawl RCA. If a vessel fishes in a non-groundfish fishery in the 
nontrawl RCA, it may not participate in any fishing for groundfish on 
that trip that is prohibited within the nontrawl RCA. [For example, if a 
vessel fishes in the salmon troll fishery within the RCA, the vessel 
cannot on the same trip fish in the sablefish fishery outside of the 
RCA.]
    (iv) Fishing for ``other flatfish'' off California (between 42[deg] 
N. lat. south to the U.S./Mexico border) is permitted within the 
nontrawl RCA with fixed gear only under the following conditions: When 
using no more than 12 hooks, ``Number 2'' or smaller, which measure no 
more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.91 
kg) weights per line when trip limits authorize such fishing; and 
provided a valid declaration report as required at Sec. 660.12(d), 
subpart C, has been filed with NMFS OLE.
    (13) Non-groundfish trawl rockfish conservation areas for the open 
access non-groundfish trawl fisheries. The non-groundfish trawl RCAs are 
closed areas, defined by specific latitude and longitude coordinates 
(specified at Sec. Sec. 660.70 through 660.74, subpart C) designed to 
approximate specific depth contours, where fishing for groundfish with 
nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout 
the year are provided in the open access trip limit tables, Table 3 
(North) and Table 3 (South) of this subpart and may be modified by NMFS 
in season pursuant to Sec. 660.60(c).
    (i) It is unlawful to operate a vessel in the non-groundfish trawl 
RCA with non-groundfish trawl gear onboard, except for the purpose of 
continuous transiting, or when the use of trawl gear is authorized in 
part 660. It is unlawful to take and retain, possess, or land groundfish 
taken with non-groundfish trawl gear within the nontrawl RCA, unless 
otherwise authorized in part 660.
    (ii) Non-groundfish trawl vessels may transit through the non-
groundfish trawl RCA, with or without groundfish on board, provided all 
non-groundfish trawl gear is stowed either: Below deck; or if the gear 
cannot readily be moved, in a secured and covered manner, detached from 
all towing lines, so that it is rendered unusable for fishing; or 
remaining on deck uncovered if the trawl doors are hung from their 
stanchions and the net is disconnected from the doors.
    (iii) The non-groundfish trawl RCA restrictions in this section 
apply to vessels taking and retaining or possessing groundfish in the 
EEZ, or landing groundfish taken in the EEZ. Unless otherwise authorized 
by Part 660, it is unlawful for a vessel to retain any groundfish taken 
on a fishing trip for species other than groundfish that occurs within 
the non-groundfish trawl RCA. If a vessel fishes in a non-groundfish 
fishery in the non-groundfish trawl RCA, it may not participate in any 
fishing on that trip that is prohibited within the non-groundfish trawl 
RCA. [For example, if a vessel fishes in the pink shrimp fishery within 
the RCA, the vessel cannot on the same trip fish in the DTS fishery 
seaward of the RCA.] Nothing in these Federal regulations supersedes any 
state regulations that may prohibit trawling shoreward of the fishery 
management area (3-200 nm).
    (iv) It is lawful to fish with non-groundfish trawl gear within the 
non-groundfish trawl RCA only under the following conditions:
    (A) Pink shrimp trawling is permitted in the non-groundfish trawl 
RCA when a valid declaration report as required at Sec. 660.12(d), 
subpart C, has been filed with NMFS OLE. Groundfish caught with pink 
shrimp trawl gear may be retained anywhere in the EEZ and are subject to 
the limits in Table 3 (North) and Table 3 (South) of this subpart.
    (B) When the shoreward line of the trawl RCA is shallower than 100 
fm (183 m), vessels using ridgeback prawn trawl gear south of 
34[deg]27.00' N. lat. may operate out to the 100 fm (183 m) boundary 
line specified at Sec. 660.73 when a valid declaration report as 
required at Sec. 660.12(d), subpart C, has been filed with NMFS OLE. 
Groundfish caught with ridgeback prawn trawl gear are

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subject to the limits in Table 3 (North) and Table 3 (South) of this 
subpart.
    (14) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
permitted around the Farallon Islands using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45 kg) weights per line. (See 
Table 2 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec. 660.70, subpart C.
    (15) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec. 660.70, 
subpart C. An exception to this prohibition is that commercial fishing 
for ``other flatfish'' is permitted around Cordell Banks using no more 
than 12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm 
(0.44 inches) point to shank, and up to two 1-lb (0.45 kg) weights per 
line.
    (16) Essential fish habitat conservation areas (EFHCA). An EFHCA, a 
type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude at Sec. Sec. 660.76 
through 660.79, where specified types of fishing are prohibited in 
accordance with Sec. 660.12, subpart C. EFHCAs apply to vessels using 
bottom trawl gear and or vessels using ``bottom contact gear,'' which is 
defined at Sec. 660.11, subpart C, and includes, but is not limited to: 
Beam trawl, bottom trawl, dredge, fixed gear, set net, demersal seine, 
dinglebar gear, and other gear (including experimental gear) designed or 
modified to make contact with the bottom.
    (i) The following EFHCAs apply to vessels operating within the EEZ 
off the coasts of Washington, Oregon, and California with bottom trawl 
gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters of 
depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.75 and 
660.76.
    (B) Shoreward of a boundary line approximating the 100-m (183-m) 
depth contour. Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as defined 
by specific latitude and longitude coordinates at Sec. 660.73.
    (C) EFHCAs for all bottom trawl gear. Fishing with all bottom trawl 
gear is prohibited within the following EFHCAs, which are defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.77 through 
660.78: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, 
Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/
Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater 
off Coos Bay, Bandon High Spot, Rogue Canyon.
    (D) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with all bottom trawl gear except demersal seine gear (defined 
at Sec. 660.11, subpart C) is prohibited within the following EFHCAs, 
which are defined by specific latitude and longitude coordinates at 
Sec. 660.79: Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada 
Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area, 
Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, 
Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East 
San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod 
Conservation Area West), Catalina Island, Potato Bank (within Cowcod 
Conservation Area West), Cherry Bank (within Cowcod Conservation Area 
West), and Cowcod EFH Conservation Area East.
    (E) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear is prohibited within the 
following EFHCAs, which are defined by specific latitude and longitude 
coordinates at Sec. Sec. 660.398-.399: Thompson Seamount, President 
Jackson Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, 
Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington 
Point, Judith Rock, Skunk

[[Page 149]]

Point, Footprint, Gull Island, South Point, and Santa Barbara. Fishing 
with bottom contact gear is also prohibited within the Davidson Seamount 
EFH Area, which is defined by specific latitude and longitude 
coordinates at Sec. 660.75, subpart C.
    (ii) [Reserved]
    (e) Black rockfish fishery management. 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]09.50' N. lat.), and between Destruction Island (47[deg]40' N. 
lat.) and Leadbetter Point (46[deg]38.17' 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. These per trip limits apply to limited entry 
and open access fisheries, in conjunction with the cumulative trip 
limits and other management measures in Sec. Sec. 660.230 and 660.330. 
The crossover provisions in Sec. 660.60(h)(7), subpart C, do not apply 
to the black rockfish per-trip limits.



Sec. 660.332  Open access daily trip limit (DTL) fishery for sablefish.

    (a) Open access DTL fisheries both north and south of 36[deg] N. 
lat. Open access vessels may fish 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 Sec. 660.60, subpart C.
    (b) Trip limits. (1) Daily and/or weekly trip limits for the open 
access fishery north and south of 36[deg] N. lat. are provided in Tables 
3 (North) and 3 (South) of this subpart.
    (2) Trip and/or frequency limits may be imposed in the limited entry 
fishery on vessels that are not participating in the primary season 
under Sec. 660.60, subpart C.
    (3) 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 Sec. 660.60, subpart C.
    (4) Trip limits may be imposed in the open access fishery at any 
time under Sec. 660.60, subpart C.



Sec. 660.333  Open access non-groundfish trawl fishery--management measures.

    (a) General. Groundfish taken with non-groundfish trawl gear by 
vessels engaged in fishing for pink shrimp, ridgeback prawns, California 
halibut, or sea cucumbers. Trip limits for groundfish retained in the 
ridgeback prawn, California halibut, or sea cucumber fisheries are in 
the open access trip limit table, Table 3 (South) of this subpart. Trip 
limits for groundfish retained in the pink shrimp fishery are in Tables 
3 (North) and 3 (South) of this subpart. The table also generally 
describes the RCAs for vessels participating in these fisheries.
    (b) Participation in the ridgeback prawn fishery. A trawl vessel 
will be considered participating in the ridgeback prawn fishery if:
    (1) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660.25(b) for trawl gear; and
    (2) The landing includes ridgeback prawns taken in accordance with 
California Fish and Game Code, section 8595, which states: ``Prawns or 
shrimp may be taken for commercial purposes with a trawl net, subject to 
Article 10 (commencing with Section 8830) of Chapter 3.''
    (c) Participation in the California halibut fishery. (1) A trawl 
vessel will be considered participating in the California halibut 
fishery if:
    (i) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660. 25(b) for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. Arena, CA 
(38[deg]57.50' N. lat.); and
    (iii) The landing includes California halibut of a size required by 
California Fish and Game Code section 8392, which states: ``No 
California halibut may be taken, possessed or sold which measures less 
than 22 in (56 cm) in total length, unless it weighs 4-lb (1.8144 kg) or 
more in the round, 3 and one-half lbs (1.587 kg) or more dressed with 
the head on, or 3-lbs (1.3608 kg) or more dressed with the head off. 
Total length means the shortest distance between the tip of the jaw or 
snout, whichever extends farthest while the mouth is closed, and the tip 
of the

[[Page 150]]

longest lobe of the tail, measured while the halibut is lying flat in 
natural repose, without resort to any force other than the swinging or 
fanning of the tail.''
    (2) [Reserved]
    (d) Participation in the sea cucumber fishery. A trawl vessel will 
be considered to be participating in the sea cucumber fishery if:
    (1) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660. 25(b) for trawl gear;
    (2) All fishing on the trip takes place south of Pt. Arena, CA 
(38[deg]57.50' N. lat.); and
    (3) The landing includes sea cucumbers taken in accordance with 
California Fish and Game Code, section 8405, which requires a permit 
issued by the State of California.
    (e) Groundfish taken with non-groundfish trawl gear by vessels 
engaged in fishing for pink shrimp. Notwithstanding Sec. 660.60(h)(7), 
a vessel that takes and retains pink shrimp and also takes and retains 
groundfish in either the limited entry or another open access fishery 
during the same applicable cumulative limit period that it takes and 
retains pink shrimp (which may be 1 month or 2 months, depending on the 
fishery and the time of year), may retain the larger of the two limits, 
but only if the limit(s) for each gear or fishery are not exceeded when 
operating in that fishery or with that gear. The limits are not 
additive; the vessel may not retain a separate trip limit for each 
fishery.

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 Sec. Table 3 (North) to Part 660, Subpart F--2010 Trip Limits for Open 
              Access Gears North of 40[deg]10[min] N. Lat.
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 Sec. Table 3 (South) to Part 660, Subpart F--2010 Trip Limits for Open 
              Access Gears South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR01OC10.022


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[GRAPHIC] [TIFF OMITTED] TR01OC10.023


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                Subpart G_West Coast Groundfish Fisheries



Sec. 660.301  Purpose and scope.

    (a) This subpart implements the Pacific Coast Groundfish Fishery 
Management Plan (PCGFMP) developed by the Pacific Fishery Management 
Council. This subpart governs fishing vessels of the U.S. in the EEZ off 
the coasts of Washington, Oregon, and California. All weights are in 
round weight or round-weight equivalents, unless specified otherwise.
    (b) Any person fishing subject to this subpart is bound by the 
international boundaries described in this section, notwithstanding any 
dispute or negotiation between the U.S. and any neighboring country 
regarding their respective jurisdictions, until such time as new 
boundaries are established or recognized by the U.S.

[69 FR 42347, July 15, 2004, as amended at 71 FR 27414, May 11, 2006]



Sec. 660.302  Definitions.

    Active sampling unit means a portion of the groundfish fleet in 
which an observer coverage plan is being applied.
    Address of record. Address of Record means the business address of a 
person, partnership, or corporation used by NMFS to provide notice of 
actions.
    Allocation.(See Sec. 600.10).
    Base permit, with respect to a limited entry permit stacking 
program, means a limited entry permit described at Sec. 660.333(a) 
registered for use with a vessel that meets the permit length 
endorsement requirements appropriate to that vessel, as described at 
Sec. 660.334(c).
    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.
    BMSY means the biomass level that produces maximum sustainable yield 
(MSY), as stated in the PCGFMP at Section 4.2.
    Catch, take, harvest.(See Sec. 600.10).
    Change in partnership or corporation means the addition of a new 
shareholder or partner to the corporate or partnership membership. This 
definition of a ``change'' will apply to any person added to the 
corporate or partnership membership since November 1, 2000, including 
any family member of an existing shareholder or partner. A change in 
membership is not considered to have occurred if a member dies or 
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.
    Closure or closed means, when referring to closure of a fishery or a 
closed fishery, that taking and retaining, possessing, or landing the 
particular species or species group covered by the fishing closure is 
prohibited. Unless otherwise announced in the Federal Register or 
authorized in this subpart, offloading must begin before the closure 
time.
    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, projected research catch, recreational 
fisheries set-asides or harvest guidelines, deductions for fishing 
mortality in non-groundfish fisheries, as necessary, and set-asides for 
compensation fishing under Sec. 660.350.Limited entry and open access 
allocations are derived from the commercial harvest guideline or quota.
    Conservation area(s) means either a Groundfish Conservation Area 
(GCA), an Essential Fish Habitat Conservation Area (EFHCA), or both.
    (1) Groundfish Conservation Area or GCA means a geographic area 
defined by coordinates expressed in degrees latitude and longitude, 
wherein fishing by a particular gear type or types may

[[Page 156]]

be prohibited. GCAs are created and enforced for the purpose of 
contributing to the rebuilding of overfished West Coast groundfish 
species. Regulations at Sec. 660.390 define coordinates for these 
polygonal GCAs: Yelloweye Rockfish Conservation Areas, Cowcod 
Conservation Areas, waters encircling the Farallon Islands, and waters 
encircling the Cordell Banks. GCAs also include Rockfish Conservation 
Areas or RCAs, which are areas closed to fishing by particular gear 
types, bounded by lines approximating particular depth contours. RCA 
boundaries may and do change seasonally according to the different 
conservation needs of the different overfished species. Regulations at 
Sec. Sec. 660.390 through 660.394 define RCA boundary lines with 
latitude/longitude coordinates; regulations at Tables 3 5 of Part 660 
set RCA seasonal boundaries. Fishing prohibitions associated with GCAs 
are in addition to those associated with EFH Conservation Areas.
    (2) Essential Fish Habitat Conservation Area or EFHCA means a 
geographic area defined by coordinates expressed in degrees latitude and 
longitude, wherein fishing by a particular gear type or types may be 
prohibited. EFHCAs are created and enforced for the purpose of 
contributing to the protection of West Coast groundfish essential fish 
habitat. Regulations at Sec. Sec. 660.396 - .399 define EFHCA boundary 
lines with latitude/longitude coordinates. Fishing prohibitions 
associated with EFHCAs, which are found at Sec. 660.306, are in 
addition to those associated with GCAs.
    Continuous transiting or transit through means that a fishing vessel 
crosses a groundfish conservation area or EFH conservation area on a 
constant heading, along a continuous straight line course, while making 
way by means of a source of power at all times, other than drifting by 
means of the prevailing water current or weather conditions.
    Corporation is a legal, business entity, including incorporated 
(INC) and limited liability corporations (LLC).
    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.
    Direct financial interest means any source of income to or capital 
investment or other interest held by an individual, partnership, or 
corporation or an individual's spouse, immediate family member or parent 
that could be influenced by performance or non-performance of observer 
duties.
    Electronic fish ticket means a software program or data files 
meeting data export specifications approved by NMFS that is used to send 
landing data to the Pacific States Marine Fisheries Commission. 
Electronic fish tickets are used to collect information similar to the 
information required in state fish receiving tickets or landing 
receipts, but do not replace or change any state requirements.
    Electronic Monitoring System (EMS) means a data collection tool that 
uses a software operating system connected to an assortment of 
electronic components, including video recorders, to create a collection 
of data on vessel activities.
    Essential Fish Habitat or EFH. (See Sec. 600.10).
    Fishery (See Sec. 600.10).
    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 U.S. and 
Canada, and bounded on the south by the International Boundary between 
the U.S. and Mexico. 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''). 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 U.S. and Canada or Mexico. All 
groundfish possessed between 0-200 nm offshore or landed in Washington, 
Oregon, or California are presumed to have been taken and retained from 
the EEZ, unless otherwise demonstrated by the person in possession of 
those fish.
    Fishing.(See Sec. 600.10).

[[Page 157]]

    Fishing gear includes the following types of gear and equipment:
    (1) Bottom contact gear. Fishing gear designed or modified to make 
contact with the bottom. This includes, but is not limited to, beam 
trawl, bottom trawl, dredge, fixed gear, set net, demersal seine, 
dinglebar gear, and other gear (including experimental gear) designed or 
modified to make contact with the bottom. Gear used to harvest bottom 
dwelling organisms (e.g. by hand, rakes, and knives) are also considered 
bottom contact gear for purposes of this subpart.
    (2) Demersal seine. A net designed to encircle fish on the seabed. 
The Demersal seine is characterized by having its net bounded by lead-
weighted ropes that are not encircled with bobbins or rollers. Demersal 
seine gear is fished without the use of steel cables or otter boards 
(trawl doors). Scottish and Danish Seines are demersal seines. Purse 
seines, as defined at Sec. 600.10, are not demersal seines. Demersal 
seine gear is included in the definition of bottom trawl gear in (11)(i) 
of this subsection.
    (3) Dredge gear. Dredge gear, with respect to the U.S. West Coast 
EEZ, refers to a gear consisting of a metal frame attached to a holding 
bag constructed of metal rings or mesh. As the metal frame is dragged 
upon or above the seabed, fish are pushed up and over the frame, then 
into the mouth of the holding bag.
    (4) Entangling nets include the following types of net gear:
    (i) Gillnet. (See Sec. 600.10).
    (ii) Set net. A stationary, buoyed, and anchored gillnet or trammel 
net.
    (iii) Trammel net. A gillnet made with two or more walls joined to a 
common float line.
    (5) Fixed gear (anchored nontrawl gear) includes the following gear 
types: longline, trap or pot, set net, and stationary hook-and-line 
(including commercial vertical hook-and-line) gears.
    (6) 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).
    (i) Bottom longline. A stationary, buoyed, and anchored groundline 
with hooks attached, so as to fish along the seabed. It does not include 
pelagic hook-and-line or troll gear.
    (ii) 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.
    (iii) Dinglebar gear. 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.
    (iv) Troll gear. A lure or jig towed behind a vessel via a fishing 
line. Troll gear is used in commercial and recreational fisheries.
    (7) 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.
    (8) Nontrawl gear. All legal commercial groundfish gear other than 
trawl gear.
    (9) Spear. A sharp, pointed, or barbed instrument on a shaft.
    (10) Trap or pot. These terms are used as interchangeable synonyms. 
See Sec. 600.10 definition of ``trap''.
    (11) Trawl gear 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. Groundfish trawl is 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 non-groundfish trawl gear. Non-groundfish trawl gear is 
any trawl gear other than the Pacific Coast groundfish trawl gear that 
is authorized for use with a valid groundfish limited entry permit. Non-
groundfish trawl gear includes pink shrimp, ridgeback prawn, California 
halibut south of Pt. Arena, and sea cucumbers south of Pt. Arena.
    (i) Bottom trawl. A trawl in which the otter boards or the footrope 
of the net are in contact with the seabed. It includes demersal seine 
gear, and pair trawls fished on the bottom. Any trawl not meeting the 
requirements for a midwater trawl in Sec. 660.381 is a bottom trawl.

[[Page 158]]

    (A) Beam trawl gear. A type of trawl gear in which a beam is used to 
hold the trawl open during fishing. Otter boards or doors are not used.
    (B) Large footrope trawl gear. Large footrope gear is bottom trawl 
gear with a footrope diameter larger than 8 inches (20 cm,) and no 
larger than 19 inches (48 cm) including any rollers, bobbins, or other 
material encircling or tied along the length of the footrope.
    (C) Small footrope trawl gear. Small footrope trawl gear is bottom 
trawl gear with a footrope diameter of 8 inches (20 cm) or smaller, 
including any rollers, bobbins, or other material encircling or tied 
along the length of the footrope. Selective flatfish trawl gear that 
meets the gear component requirements in Sec. 660.381 is a type of 
small footrope trawl gear.
    (ii) Midwater (pelagic or off-bottom) trawl. A trawl in which the 
otter boards and footrope of the net remain above the seabed. It 
includes pair trawls if fished in midwater. A midwater trawl has no 
rollers or bobbins on any part of the net or its component wires, ropes, 
and chains.For additional midwater trawl gear requirements and 
restrictions, see Sec. 660.381(b).
    (iii) Trawl gear components.
    (A) Breastline. A rope or cable that connects the end of the 
headrope and the end of the trawl fishing line along the edge of the 
trawl web closest to the towing point.
    (B) Chafing gear. Webbing or other material attached to the codend 
of a trawl net to protect the codend from wear.
    (C) Codend. (See Sec. 600.10).
    (D) Double-bar mesh. Webbing comprised of two lengths of twine tied 
into a single knot.
    (E) Double-walled codend. A codend constructed of two walls of 
webbing.
    (F) Footrope. A chain, rope, or wire attached to the bottom front 
end of the trawl webbing forming the leading edge of the bottom panel of 
the trawl net, and attached to the fishing line.
    (G) Headrope. A chain, rope, or wire attached to the trawl webbing 
forming the leading edge of the top panel of the trawl net.
    (H) Rollers or bobbins are devices made of wood, steel, rubber, 
plastic, or other hard material that encircle the trawl footrope. These 
devices are commonly used to either bounce or pivot over seabed 
obstructions, in order to prevent the trawl footrope and net from 
snagging on the seabed.
    (I) Single-walled codend. A codend constructed of a single wall of 
webbing knitted with single or double-bar mesh.
    (J) Trawl fishing line. A length of chain, rope, or wire rope in the 
bottom front end of a trawl net to which the webbing or lead ropes are 
attached.
    (K) 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 vessel.(See Sec. 600.10).
    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.
    Grandfathered or first generation, when referring to a limited entry 
sablefish-endorsed permit owner, means those permit owners who owned a 
sablefish-endorsed limited entry permit prior to November 1, 2000, and 
are, therefore, exempt from certain requirements of the sablefish permit 
stacking program within the parameters of the regulations at Sec. Sec. 
660.334 through 660.341 and Sec. 660.372.
    Groundfish means species managed by the PCGFMP, specifically:
    (1) Sharks: leopard shark, Triakis semifasciata; soupfin shark, 
Galeorhinus zyopterus; spiny dogfish, Squalus acanthias.
    (2) Skates: big skate, Raja binoculata; California skate, R. 
inornata; longnose skate, R. rhina.
    (3) Ratfish: ratfish, Hydrolagus colliei.
    (4) Morids: finescale codling, Antimora microlepis.
    (5) Grenadiers: Pacific rattail, Coryphaenoides acrolepis.
    (6) Roundfish: cabezon, Scorpaenichthys marmoratus; kelp greenling, 
Hexagrammos decagrammus; lingcod, Ophiodon elongatus; Pacific cod, Gadus 
macrocephalus; Pacific whiting, Merluccius productus; sablefish, 
Anoplopoma fimbria.

[[Page 159]]

    (7) Rockfish: In addition to the species below, longspine 
thornyhead, S. altivelis, and shortspine thornyhead, S. alascanus, 
``rockfish'' managed under the PCGFMP include all genera and species of 
the family Scorpaenidae that occur off Washington, Oregon, and 
California, even if not listed below. The Scorpaenidae genera are 
Sebastes, Scorpaena, Scorpaenodes, and Sebastolobus. Where species below 
are listed both in a major category (nearshore, shelf, slope) and as an 
area-specific listing (north or south of 40[deg]10[min] N. lat.) those 
species are considered ``minor'' in the geographic area listed.
    (i) Nearshore rockfish includes black rockfish, Sebastes melanops 
and the following minor nearshore rockfish species:
    (A) North of 40[deg]10[min] N. lat.:black and yellow rockfish, S. 
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S. auriculatus; 
calico rockfish, S. dalli; China rockfish, S. nebulosus; copper 
rockfish, S. caurinus; gopher rockfish, S. carnatus; grass rockfish, S. 
rastrelliger; kelp rockfish, S. atrovirens; olive rockfish, S. 
serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
    (B) South of 40[deg]10[min] N. lat., nearshore rockfish are divided 
into three management categories:
    (1) Shallow nearshore rockfish consists of black and yellow 
rockfish, S. chrysomelas; China rockfish, S. nebulosus; gopher rockfish, 
S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish, S. 
atrovirens.
    (2) Deeper nearshore rockfish consists of black rockfish, S. 
melanops, blue rockfish, S. mystinus; brown rockfish, S. auriculatus; 
calico rockfish, S. dalli; copper rockfish, S. caurinus; olive rockfish, 
S. serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
    (3) California scorpionfish, Scorpaena guttata.
    (ii) Shelf rockfish includes bocaccio, Sebastes paucispinis; canary 
rockfish, S. pinniger; chilipepper, S. goodei; cowcod, S. levis; 
shortbelly rockfish, S. jordani; widow rockfish, S. entomelas; yelloweye 
rockfish, S. ruberrimus; yellowtail rockfish, S. flavidus and the 
following minor shelf rockfish species:
    (A) North of 40[deg]10[min] N. lat.: bronzespotted rockfish, S. 
gilli; bocaccio, Sebastes paucispinis; chameleon rockfish, S. phillipsi; 
chilipepper, S. goodei; cowcod, S. levis; dusky rockfish, S. ciliatus; 
dwarf-red, S. rufianus; flag rockfish, S. rubrivinctus; freckled, S. 
lentiginosus; greenblotched rockfish, S. rosenblatti; greenspotted 
rockfish, S. chlorostictus; greenstriped rockfish, S. elongatus; 
halfbanded rockfish, S. semicinctus; harlequin rockfish, S. variegatus; 
honeycomb rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink 
rockfish, S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S. 
wilsoni; redstripe rockfish, S. proriger; rosethorn rockfish, S. 
helvomaculatus; rosy rockfish, S. rosaceus; silvergray rockfish, S. 
brevispinis; speckled rockfish, S. ovalis; squarespot rockfish, S. 
hopkinsi; starry rockfish, S. constellatus; stripetail rockfish, S. 
saxicola; swordspine rockfish, S. ensifer; tiger rockfish, S. 
nigrocinctus; vermilion rockfish, S. miniatus.
    (B) South of 40[deg]10[min] N. lat.: bronzespotted rockfish, S. 
gilli; chameleon rockfish, S. phillipsi; dusky rockfish, S. ciliatus; 
dwarf-red rockfish, S. rufianus; flag rockfish, S. rubrivinctus; 
freckled, S. lentiginosus; greenblotched rockfish, S. rosenblatti; 
greenspotted rockfish, S. chlorostictus; greenstriped rockfish, S. 
elongatus; halfbanded rockfish, S. semicinctus; harlequin rockfish, S. 
variegatus; honeycomb rockfish, S. umbrosus; Mexican rockfish, S. 
macdonaldi; pink rockfish, S. eos; pinkrose rockfish, S. simulator; 
pygmy rockfish, S. wilsoni; redstripe rockfish, S. proriger; rosethorn 
rockfish, S. helvomaculatus; rosy rockfish, S. rosaceus; silvergray 
rockfish, S. brevispinis; speckled rockfish, S. ovalis; squarespot 
rockfish, S. hopkinsi; starry rockfish, S. constellatus; stripetail 
rockfish, S. saxicola; swordspine rockfish, S. ensifer; tiger rockfish, 
S. nigrocinctus; vermilion rockfish, S. miniatus; yellowtail rockfish, 
S. flavidus.
    (iii) Slope rockfish includes darkblotched rockfish, S. crameri; 
Pacific ocean perch, S. alutus; splitnose rockfish, S. diploproa and the 
following minor slope rockfish species:
    (A) North of 40[deg]10[min] N. lat.: aurora rockfish, Sebastes 
aurora; bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; 
redbanded rockfish, S. babcocki; rougheye rockfish, S.

[[Page 160]]

aleutianus; sharpchin rockfish, S. zacentrus; shortraker rockfish, S. 
borealis; splitnose rockfish, S. diploproa; yellowmouth rockfish, S. 
reedi.
    (B) South of 40[deg]10[min] N. lat.: aurora rockfish, Sebastes 
aurora; bank rockfish, S. rufus; blackgill rockfish, S. melanostomus; 
Pacific ocean perch, S. alutus; redbanded rockfish, S. babcocki; 
rougheye rockfish, S. aleutianus; sharpchin rockfish, S. zacentrus; 
shortraker rockfish, S. borealis; yellowmouth rockfish, S. reedi.
    (8) Flatfish:arrowtooth flounder (arrowtooth turbot), Atheresthes 
stomias; butter sole, Isopsetta isolepis; curlfin sole, Pleuronichthys 
decurrens; Dover sole, Microstomus pacificus; English sole, Parophrys 
vetulus; flathead sole, Hippoglossoides elassodon; Pacific sanddab, 
Citharichthys sordidus; petrale sole, Eopsetta jordani; rex sole, 
Glyptocephalus zachirus; rock sole, Lepidopsetta bilineata; sand sole, 
Psettichthys melanostictus; starry flounder, Platichthys stellatus.Where 
regulations of this subpart refer to landings limits for ``other 
flatfish,'' those limits apply to all flatfish cumulatively taken except 
for those flatfish species specifically listed in Tables 1-2 of this 
subpart. (i.e., ``other flatfish'' includes butter sole, curlfin sole, 
flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.)
    (9) ``Other fish'':Where regulations of this subpart refer to 
landings limits for ``other fish,'' those limits apply to all groundfish 
listed here in paragraphs (1)-(8) of this definition except for the 
following: those groundfish species specifically listed in Tables 1-2 of 
this subpart with an ABC for that area (generally north and/or south of 
40[deg]10[min] N. lat.); and Pacific cod and spiny dogfish coastwide. 
(i.e., ``other fish'' may include all sharks (except spiny dogfish), 
skates, ratfish, morids, grenadiers, and kelp greenling listed in this 
section, as well as cabezon in the north.)
    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.
    IAD means Initial Agency Decision.
    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, offloading fish, or 
to offload fish from any vessel. Once transfer of fish begins, all fish 
aboard the vessel are counted as part of the landing.
    Legal fish means fish legally taken and retained, possessed, or 
landed in accordance with the provisions of 50 CFR part 660, the 
Magnuson-Stevens Act, any document issued under part 660, and any other 
regulation promulgated or permit issued under the Magnuson-Stevens Act.
    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 
registered for use with limited entry permits.
    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 Federal permit required to 
participate in the limited entry fishery, and includes any gear, size, 
or species endorsements affixed to the permit.
    Maximum Sustainable Yield or MSY. (See Sec. 600.310).
    Mobile transceiver unit means a vessel monitoring system or VMS 
device, as set forth at Sec. 660.312, installed on board a vessel that 
is used for vessel monitoring and transmitting the vessel's position as 
required by this subpart.
    North-South management area means the management areas defined in 
paragraph (1) of this definition, or defined and bounded by one or more 
or the commonly used geographic coordinates

[[Page 161]]

set out in paragraph (2) of this definition for the purposes of 
implementing different management measures in separate geographic areas 
of the U.S. West Coast.
    (1) Management areas--(i) Vancouver. (A) 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]35.73[min] N. lat., 124[deg]43.00[min] W. long.) south of the 
International Boundary between the U.S. and Canada (at 48[deg]29.62[min] 
N. lat., 124[deg]43.55[min] W. long.), and north of the point where that 
line intersects with the boundary of the U.S. territorial sea.
    (B) The northern and northwestern boundary is a line connecting the 
following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts 18480 and 
18007:

----------------------------------------------------------------------------------------------------------------
                             Point                                      N. Lat.                  W. Long.
----------------------------------------------------------------------------------------------------------------
1.............................................................        48[deg]29.62[min]       124[deg]43.55[min]
2.............................................................        48[deg]30.18[min]       124[deg]47.22[min]
3.............................................................        48[deg]30.37[min]       124[deg]50.35[min]
4.............................................................        48[deg]30.23[min]       124[deg]54.87[min]
5.............................................................        48[deg]29.95[min]       124[deg]59.23[min]
6.............................................................        48[deg]29.73[min]       125[deg]00.10[min]
7.............................................................        48[deg]28.15[min]       125[deg]05.78[min]
8.............................................................        48[deg]27.17[min]       125[deg]08.42[min]
9.............................................................        48[deg]26.78[min]       125[deg]09.20[min]
10............................................................        48[deg]20.27[min]       125[deg]22.80[min]
11............................................................        48[deg]18.37[min]       125[deg]29.97[min]
12............................................................        48[deg]11.08[min]       125[deg]53.80[min]
13............................................................        47[deg]49.25[min]       126[deg]40.95[min]
14............................................................        47[deg]36.78[min]       127[deg]11.97[min]
15............................................................        47[deg]22.00[min]       127[deg]41.38[min]
16............................................................        46[deg]42.08[min]       128[deg]51.93[min]
17............................................................        46[deg]31.78[min]       129[deg]07.65[min]
                                                                .......................  .......................
----------------------------------------------------------------------------------------------------------------

    (C) The southern limit is 47[deg]30[min] N. lat.
    (ii) Columbia. (A) The northern limit is 47[deg]30[min] N. lat.
    (B) The southern limit is 43[deg]00[min] N. lat.
    (iii) Eureka. (A) The northern limit is 43[deg]00[min] N. lat.
    (B) The southern limit is 40[deg]30[min] N. lat.
    (iv) Monterey. (A) The northern limit is 40[deg]30[min] N. lat.
    (B) The southern limit is 36[deg]00[min] N. lat.
    (v) Conception. (A) The northern limit is 36[deg]00[min] N. lat.
    (B) 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]35.37[min]       117[deg]27.82[min]
                  2                                                   32[deg]37.62[min]       117[deg]49.52[min]
                  3                                                   31[deg]07.97[min]       118[deg]36.30[min]
                  4                                                   30[deg]32.52[min]       121[deg]51.97[min]
----------------------------------------------------------------------------------------------------------------

    (2) Commonly used geographic coordinates. (i) Cape Alava, WA--
48[deg]10.00[min] N. lat.
    (ii) Queets River, WA--47[deg]31.70[min] N. lat.
    (iii) Pt. Chehalis, WA--46[deg]53.30[min] N. lat.
    (iv) Leadbetter Point, WA--46[deg]38.17[min] N. lat.
    (v) Washington/Oregon border--46[deg]16.00[min] N. lat.
    (vi) Cape Falcon, OR--45[deg]46.00[min] N. lat.
    (vii) Cape Lookout, OR--45[deg]20.25[min] N. lat.
    (viii) Cascade Head, OR--45[deg]03.83[min] N. lat.
    (ix) Heceta Head, OR--44[deg]08.30[min] N. lat.
    (x) Cape Arago, OR--43[deg]20.83[min] N. lat.
    (xi) Cape Blanco, OR--42[deg]50.00[min] N. lat.
    (xii) Humbug Mountain--42[deg]40.50[min] N. lat.
    (xiii) Marck Arch, OR--42[deg]13.67[min] N. lat.
    (xiv) Oregon/California border--42[deg]00.00[min] N. lat.
    (xv) Cape Mendocino, CA--40[deg]30.00[min] N. lat.
    (xvi) North/South management line--40[deg]10.00[min] N. lat.
    (xvii) Point Arena, CA--38[deg]57.50[min] N. lat.
    (xviii) Point San Pedro, CA--37[deg]35.67[min] N. lat.
    (xix) Pigeon Point, CA--37[deg]11.00[min] N. lat.
    (xx) Ano Nuevo, CA--37[deg]07.00[min] N. lat.
    (xxi) Point Lopez, CA--36[deg]00.00[min] N. lat.
    (xxii) Point Conception, CA--34[deg]27.00[min] N. lat. [Note: 
Regulations that apply to waters north of 34[deg]27.00[min] N. lat. are 
applicable only west of 120[deg]28.00[min] W. long.; regulations that 
apply to waters south of 34[deg]27.00[min] N. lat. also apply to all 
waters both east of 120[deg]28.00[min] W. long. and north of 
34[deg]27.00[min] N. lat.]
    Observer Program or Observer Program Office means the West Coast 
Groundfish Observer Program (WCGOP) Office of the Northwest Fishery 
Science Center, National Marine Fisheries Service, Seattle, Washington.
    Office of Law Enforcement (OLE) refers to the National Marine 
Fisheries Service, Office of Law Enforcement, Northwest Division.

[[Page 162]]

    Open access fishery means the fishery composed of commercial vessels 
using open access gear fished pursuant to the harvest guidelines, 
quotas, and other management measures governing the harvest of open 
access allocations (detailed in Sec. 660.320 and Tables 1-2 of this 
subpart) or governing the fishing activities of open access vessels 
(detailed in Sec. 660.383 and Table 5 of this subpart.) Any commercial 
vessel that is not registered to a limited entry permit and which takes 
and retains, possesses or lands groundfish is a participant in the open 
access groundfish 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) Groundfish trawl.
     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.
    Operator.(See Sec. 600.10).
    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.
    Pacific whiting shoreside or shore-based fishery means Pacific 
whiting shoreside vessels and Pacific whiting shoreside first receivers.
    Pacific whiting shoreside first receivers means persons who receive, 
purchase, or take custody, control, or possession of Pacific whiting 
onshore directly from a Pacific whiting shoreside vessel.
    Pacific whiting shoreside vessel means any vessel that fishes using 
midwater trawl gear to take, retain, possess and land 4,000 lb (1,814 
kg) or more of Pacific whiting per fishing trip from the Pacific whiting 
shore-based sector allocation for delivery to a Pacific whiting 
shoreside first receiver during the primary season.
    Partnership is two or more individuals, partnerships, or 
corporations, or combinations thereof, who have ownership interest in a 
permit, including married couples and legally recognized trusts and 
partnerships, such as limited partnerships (LP), general partnerships 
(GP), and limited liability partnerships (LLP).
    Permit holder means a vessel owner as identified on the United 
States Coast Guard form 1270 or state motor vehicle licensing document.
    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

[[Page 163]]

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. (Also see an exception to certain 
requirements at Sec. 660.373 (a)(iii) pertaining to Pacific whiting 
shoreside vessels 75-ft (23-m) or less LOA that, in addition to heading 
and gutting, remove the tails and freeze catch at sea.)
    (1) 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 shore-based or on the water.
    (2) Shore-based processing or processing in the shore-based sector 
means processing that takes place at a facility that is permanently 
fixed to land.
    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 provisions of this section 
or other applicable law. The following are prohibited species: Any 
species of salmonid, Pacific halibut, Dungeness crab caught seaward of 
Washington or Oregon, and groundfish species or species groups under the 
PCGFMP for which quotas have been achieved and/or the fishery closed.
    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 Administrator, Northwest Region, 
NMFS.
    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.
    Round weight. (See Sec. 600.10).Round weight does not include ice, 
water, or slime.
    Scientific research activity.(See Sec. 600.10).
    Secretary.(See Sec. 600.10).
    Sell or sale.(See Sec. 600.10).
    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.
    Spouse means a person who is legally married to another person as 
recognized by state law (i.e., one's wife or husband).
    Stacking is the practice of registering more than one limited entry 
permit for use with a single vessel (See Sec. 660.335(c)).
     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(Sec. Sec. 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.
    Trip.(See Sec. 600.10).
    Trip limits. Trip limits are used in the commercial fishery to 
specify the maximum amount of a fish species or species group that may 
legally be taken and retained, possessed, or landed, per vessel, per 
fishing trip, or cumulatively per unit of time, or the number of 
landings that may be made from a vessel in a given period of time, as 
follows:
    (1) A per trip limit is the total allowable amount of a groundfish 
species or

[[Page 164]]

species group, by weight, or by percentage of weight of legal fish on 
board, that may be taken and retained, possessed, or landed per vessel 
from a single fishing trip.
    (2) A daily trip limit is the maximum amount of a groundfish species 
or species group that may be taken and retained, possessed, or landed 
per vessel in 24 consecutive hours, starting at 0001 hours local time 
(l.t.) Only one landing of groundfish may be made in that 24-hour 
period. Daily trip limits may not be accumulated during multiple day 
trips.
    (3) A weekly trip limit is the maximum amount of a groundfish 
species or species group that may be taken and retained, possessed, or 
landed per vessel in 7 consecutive days, starting at 0001 hours l.t. on 
Sunday and ending at 2400 hours l.t. on Saturday. Weekly trip limits may 
not be accumulated during multiple week trips. If a calendar week falls 
within two different months or two different cumulative limit periods, a 
vessel is not entitled to two separate weekly limits during that week.
    (4) A cumulative trip limit is the maximum amount of a groundfish 
species or species group that may be taken and retained, possessed, or 
landed per vessel in a specified period of time without a limit on the 
number of landings or trips, unless otherwise specified. The cumulative 
trip limit periods for limited entry and open access fisheries, which 
start at 0001 hours l.t. and end at 2400 hours l.t., are as follows, 
unless otherwise specified:
    (i) The 2-month or ``major'' cumulative limit periods are: January 
1-February 28/29, March 1-April 30, May 1-June 30, July 1-August 31, 
September 1-October 31, and, November 1-December 31.
    (ii) One month means the first day through the last day of the 
calendar month.
    (iii) One week means 7 consecutive days, Sunday through Saturday.
    Vessel manager means a person or group of persons whom the vessel 
owner has given authority to oversee all or a portion of groundfish 
fishing activities aboard the vessel.
    Vessel monitoring system or VMS means a vessel monitoring system or 
mobile transceiver unit as set forth in Sec. 660.312 and approved by 
NMFS for use on vessels that take (directly or incidentally) species 
managed under the Pacific Coast Groundfish FMP, as required by this 
subpart.
    Vessel of the United States or U.S. vessel.(See Sec. 600.10).

[61 FR 34572, July 2, 1996]

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



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.
    (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 
(i.e., logbooks, fish tickets, etc.) of groundfish harvests and 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. For participants in the primary 
sablefish season (detailed at Sec. 660.372(b)), the cumulative limit 
period to which this requirement applies is April 1 through October 31 
or, for an individual permit holder, when that permit holder's tier 
limit is attained, whichever is earlier.
    (d) Declaration reporting requirements--(1) Declaration reports for 
vessels registered to limited entry permits. The operator of any vessel 
registered to a limited entry permit must provide NMFS OLE with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which the vessel is

[[Page 165]]

used to fish in U.S. ocean waters between 0 and 200 nm offshore of 
Washington, Oregon, or California.
    (2) Declaration reports for all vessels using non-groundfish trawl 
gear. The operator of any vessel that is not registered to a limited 
entry permit and which uses non-groundfish trawl gear to fish in the EEZ 
(3-200 nm offshore), must provide NMFS OLE with a declaration report, as 
specified at paragraph (d)(5)(iv) of this section, before the vessel 
leaves port to fish in the EEZ.
    (3) Declaration reports for open access vessels using non-trawl gear 
(all types of open access gear other than non-groundfish trawl gear). 
The operator of any vessel that is not registered to a limited entry 
permit, must provide NMFS with a declaration report, as specified at 
paragraph (d)(5)(iv) of this section, before the vessel leaves port on a 
trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ or land groundfish taken in the EEZ.
    (4) Declaration reports for tribal vessels using trawl gear. The 
operator of any tribal vessel using trawl gear must provide NMFS with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which fishing occurs 
within the trawl RCA.
    (5) Declaration reports.
    (i) The operator of a vessel specified in paragraphs (d)(1), (d)(2), 
and (d)(3) of this section must provide a declaration report to NMFS OLE 
prior to leaving port on the first trip in which the vessel meets the 
requirement specified at Sec. 660.312 (b) to have a VMS.
    (ii) The vessel operator must send a new declaration report before 
leaving port on a trip in which a gear type that is different from the 
gear type most recently declared for the vessel will be used. A 
declaration report will be valid until another declaration report 
revising the existing gear declaration is received by NMFS OLE.
    (iii) During the period of time that a vessel has a valid 
declaration report on file with NMFS OLE, it cannot fish with a gear 
other than a gear type declared by the vessel.
    (iv) Declaration reports will include: the vessel name and/or 
identification number, and gear type (as defined in paragraph 
(d)(5)(iv)(A) of this section). Upon receipt of a declaration report, 
NMFS will provide a confirmation code or receipt to confirm that a valid 
declaration report was received for the vessel. Retention of the 
confirmation code or receipt to verify that a valid declaration report 
was filed and the declaration requirement was met is the responsibility 
of the vessel owner or operator. Vessels using non-trawl gear may 
declare more than one gear type, however, vessels using trawl gear may 
only declare one of the trawl gear types listed in paragraph 
(d)(5)(iv)(A) of this section on any trip and may not declare non-trawl 
gear on the same trip in which trawl gear is declared.
    (A) One of the following gear types must be declared:
    (1) Limited entry fixed gear,
    (2) [Reserved]
    (3) Limited entry midwater trawl,
    (4) Limited entry bottom trawl, not including demersal trawl,
    (5) Limited entry demersal trawl,
    (6) Non-groundfish trawl gear for pink shrimp,
    (7) Non-groundfish trawl gear for ridgeback prawn,
    (8) Non-groundfish trawl gear for California halibut,
    (9) Non-groundfish trawl gear for sea cucumber,
    (10) Open access longline gear for groundfish,
    (11) Open access Pacific halibut longline gear,
    (12) Open access groundfish trap or pot gear,
    (13) Open access Dungeness crab trap or pot gear,
    (14) Open access prawn trap or pot gear,
    (15) Open access sheephead trap or pot gear,
    (16) Open access line gear for groundfish,
    (17) Open access HMS line gear,
    (18) Open access salmon troll gear,
    (19) Open access California Halibut line gear,
    (20) Open access net gear,
    (21) Other gear, and
    (22) Tribal trawl.
    (B) [Reserved]
    (e) Participants in the Pacific whiting shoreside fishery. Reporting 
requirements defined in the following section

[[Page 166]]

are in addition to reporting requirements under applicable state law and 
requirements described at Sec. 660.303(b).
    (1) Reporting requirements for any Pacific whiting shoreside first 
receiver--(i) Responsibility for compliance. The Pacific whiting 
shoreside first receiver is responsible for compliance with all 
reporting requirements described in this paragraph.
    (ii) General requirements. All records or reports required by this 
paragraph must: be maintained in English, be accurate, be legible, be 
based on local time, and be submitted in a timely manner as required in 
paragraph (e)(1)(iv) of this section.
    (iii) Required information. All Pacific whiting shoreside first 
receivers must provide the following types of information: date of 
landing, Pacific whiting shoreside vessel that made the delivery, gear 
type used, first receiver, round weights of species landed listed by 
species or species group including species with no value, number of 
salmon by species, number of Pacific halibut, and any other information 
deemed necessary by the Regional Administrator as specified on the 
appropriate electronic fish ticket form.
    (iv) Electronic fish ticket submissions. The Pacific whiting 
shoreside first receiver must:
    (A) Sort all fish, prior to first weighing, by species or
    species groups as specified at Sec. 660.370 (h)(6)(iii).
    (B) Include as part of each electronic fish ticket submission, the 
actual scale weight for each groundfish species as specified by 
requirements at Sec. 660.373 (j)(2)(i) and the Pacific whiting 
shoreside vessel identification number.
    (C) Use for the purpose of submitting electronic fish tickets, and 
maintain in good working order, computer equipment as specified at Sec. 
660.373 (j)(2)(ii)(A);
    (D) Install, use, and update as necessary, any NMFS-approved 
software described at Sec. 660.373 (j)(2)(ii)(B);
    (E) Submit a completed electronic fish ticket for every landing that 
includes 4,000 lb (1,814 kg) or more of Pacific whiting (round weight 
equivalent) no later than 24 hours after the date the fish are received, 
unless a waiver of this requirement has been granted under provisions 
specified at paragraph (e)(1) (vii) of this section.
    (v) Revising a submitted electronic fish ticket submission. In the 
event that a data error is found, electronic fish ticket submissions may 
be revised by resubmitting the revised form. Electronic fish tickets are 
to be used for the submission of final data. Preliminary data, including 
estimates of fish weights or species composition, shall not be submitted 
on electronic fish tickets.
    (vi) Retention of records. [Reserved]
    (vii) Waivers for submission of electronic fish tickets upon written 
request. On a case-by-case basis, a temporary written waiver of the 
requirement to submit electronic fish tickets may be granted by the 
Assistant Regional Administrator or designee if he/she determines that 
circumstances beyond the control of a Pacific whiting shoreside first 
receiver would result in inadequate data submissions using the 
electronic fish ticket system. The duration of the waiver will be 
determined on a case-by-case basis.
    (viii) Reporting requirements when a temporary waiver has been 
granted. Pacific whiting shoreside first receivers that have been 
granted a temporary waiver from the requirement to submit electronic 
fish tickets must submit on paper the same data as is required on 
electronic fish tickets within 24 hours of the date received during the 
period that the waiver is in effect. Paper fish tickets must be sent by 
facsimile to NMFS, Northwest Region, Sustainable Fisheries Division, 
206-526-6736 or by delivering it in person to 7600 Sand Point Way NE, 
Seattle, WA 98115. The requirements for submissions of paper tickets in 
this paragraph are separate from, and in addition to existing state 
requirements for landing receipts or fish receiving tickets.
    (2) [Reserved]

[68 FR 62381, Nov. 4, 2003, as amended at 69 FR 11124, Mar. 9, 2004; 69 
FR 31755, June 7, 2004; 69 FR 42348, July 15, 2004; 71 FR 10620, Mar. 2, 
2006; 72 FR 50910, Sept. 5, 2007; 72 FR 69168, Dec. 7, 2007; 74 FR 9886, 
Mar. 6, 2009]



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

[[Page 167]]

groundfish must display the vessel's official number on the port and 
starboard sides of the deckhouse or hull, and on a weather deck so as to 
be visible from above. The number must contrast with the background and 
be in block Arabic numerals at least 18 inches (45.7 cm) high for 
vessels over 65 ft (19.8 m) long and at least 10 inches (25.4 cm) high 
for vessels between 25 and 65 ft (7.6 and 19.8 m) in length. The length 
of a vessel for purposes of this section is the length set forth in USCG 
records or in state records, if no USCG record exists.
    (b) Maintenance of numbers. The operator of a vessel engaged in 
commercial fishing for groundfish must keep the identifying markings 
required by paragraph (a) of this section clearly legible and in good 
repair, and must ensure that no part of the vessel, its rigging, or its 
fishing gear obstructs the view of the official number from an 
enforcement vessel or aircraft.
    (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) General. (1) Sell, offer to sell, or purchase any groundfish 
taken in the course of recreational groundfish fishing.
    (2)Retain any prohibited species (defined in Sec. 660.302 and 
restricted in Sec. 660.370(e)) caught by means of fishing gear 
authorized under this subpart, unless authorized by part 600 or part 300 
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.
    (3) Falsify or fail to affix and maintain vessel and gear markings 
as required by Sec. 660.305 or Sec. Sec. 660.382 and 660.383.
    (4) 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.
    (5) Fish for groundfish using gear not authorized in this subpart or 
in violation of any terms or conditions attached to an EFP under Sec. 
660.350 or part 600 of this chapter.
    (6) Take and retain, possess, or land more groundfish than specified 
under Sec. Sec. 660.370 through 660.373 or Sec. Sec. 660.381 through 
660.385, or under an EFP issued under Sec. 660.350 or part 600 of this 
chapter.
    (7) 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, scientific sorting designation, quota, harvest 
guideline, or OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, scientific sorting designation, 
quota, harvest guideline, or OY applied.
    (8) Possess, deploy, haul, or carry onboard a fishing vessel subject 
to this subpart a set net, trap or pot, longline, or commercial vertical 
hook-and-line that is not in compliance with the gear restrictions in 
Sec. Sec. 660.382 and 660.383, 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).
    (9) When requested or required by an authorized officer, refuse to 
present fishing gear for inspection, refuse to present fish subject to 
such persons control for inspections; or interfere with a fishing gear 
or marine animal or plant life inspection.
    (10) 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. 
660.372(a) to participate in that season, as described at Sec. 
660.372(b).
    (11) 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.
    (12) Transfer fish to another vessel at sea unless a vessel is 
participating in the primary whiting fishery as part of the mothership 
or catcher-processor sectors, as described at Sec. 660.373(a).

[[Page 168]]

    (13) Fish with dredge gear (defined in Sec. 660.302) anywhere 
within EFH within the EEZ. For the purposes of regulation, EFH within 
the EEZ is described at 660.395.
    (14) Fish with beam trawl gear (defined in Sec. 660.302) anywhere 
within EFH within the EEZ. For the purposes of regulation, EFH within 
the EEZ is described at 660.395.
    (b) Reporting and recordkeeping. (1) 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.
    (2) 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.
    (3) Fail to retain on board a vessel from which sablefish caught in 
the primary sablefish season is landed, and provide to an authorized 
officer upon request, copies of any and all reports of sablefish 
landings against the sablefish endorsed permit's tier limit, or receipts 
containing all data, and made in the exact manner required by the 
applicable state law throughout the primary sablefish season during 
which such landings occurred and for 15 days thereafter.
    (4) Fail to comply with all requirements at Sec. 660.303 (d); 
including failure to submit information, submission of inaccurate 
information, or intentionally submitting false information on any report 
required at Sec. 660.303 (d) when participating in the Pacific whiting 
shoreside fishery.
    (c) Limited entry fisheries. (1) Fish with groundfish trawl gear, or 
carry groundfish trawl gear on board a vessel that also has groundfish 
on board, unless the vessel is registered for use with a valid limited 
entry permit with a trawl gear endorsement, with the following 
exception.
    (i) The vessel is in continuous transit from outside the fishery 
management area to a port in Washington, Oregon, or California; or
    (ii) 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.
    (2) Carry on board a vessel, or deploy, limited entry gear when the 
limited entry fishery for that gear is closed, except that a vessel may 
carry on board limited entry groundfish trawl gear as provided in 
paragraph (c)(1) of this section.
    (d) Black rockfish fisheries. Have onboard a commercial hook-and-
line fishing vessel (other than a vessel operated by persons under Sec. 
660.370(c)(1)(ii), more than the amount of the trip limit set for black 
rockfish by Sec. 660.371 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.).
    (e) Fixed gear sablefish fisheries. (1) Take, retain, possess or 
land sablefish under the cumulative limits provided for the primary 
limited entry, fixed gear sablefish season, described in Sec. 
660.372(b), from a vessel that is not registered to a limited entry 
permit with a sablefish endorsement.
    (2) Beginning January 1, 2007, take, retain, possess or land 
sablefish in the primary sablefish season described at Sec. 660.372(b) 
unless the owner of the limited entry permit registered for use with 
that vessel and authorizing the vessel to participate in the primary 
sablefish season is on board that vessel. Exceptions to this prohibition 
are provided at Sec. 660.372(b)(4)(i) and (ii).
    (3) Beginning January 1, 2007, process sablefish taken at-sea in the 
limited entry primary sablefish fishery defined at Sec. 660.372(b), 
from a vessel that does not have a sablefish at-sea processing 
exemption, defined at Sec. 660.334(e).
    (f) Pacific whiting fisheries. (1) Fish in any of the sectors of the 
whiting fishery described at Sec. 660.373(a) after May 11, 2009 using a 
vessel that is not registered for use with a sector-appropriate Pacific 
whiting vessel license under Sec. 660.336. May 11, 2009, vessels are

[[Page 169]]

prohibited from fishing, landing, or processing primary season Pacific 
whiting with a catcher/processor, mothership or mothership catcher 
vessel that has no history of participation within that specific sector 
of the whiting fishery during the period from January 1, 1997, through 
January 1, 2007, or with a shoreside catcher vessels that has no history 
of participation within the shore-based sector of the whiting fishery 
during the period from January 1, 1994 through January 1, 2007, as 
specified in Sec. 660.373(j). For the purpose of this paragraph, 
``historic participation'' for a specific sector is the same as the 
qualifying criteria listed in Sec. 660.336 (a)(2).
    (i) If a Pacific whiting vessel license is registered for use with a 
vessel, fail to carry that license onboard the vessel registered for use 
with the license at any time the vessel is licensed. A photocopy of the 
license may not substitute for the license itself.
    (ii) [Reserved]
    (2) 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:
    (i) The fish are received from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. Sec. 660.324 or 660.385;
    (ii) The fish are processed by a waste-processing vessel according 
to Sec. 660.373(i); or
    (iii) The vessel is completing processing of whiting taken on board 
during that vessel's primary season.
    (3) During times or in areas where at-sea processing is prohibited, 
take and retain or receive whiting, except as cargo or fish waste, on a 
vessel in the fishery management area that already has processed whiting 
on board.An exception to this prohibition is provided if the fish are 
received within the tribal U&A from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. Sec. 660.324 or 660.385.
    (4) Participate in the mothership or shore-based 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. 660.373(h)(2).
    (5) 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. 660.373(i).
    (6) 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. 660.373(f).
    (7) Pacific whiting shoreside first receivers.
    (i) [Reserved]
    (ii) Fail to sort fish received from a Pacific whiting shoreside 
vessel prior to first weighing after offloading as specified at Sec. 
660.370 (h)(6)(iii) for the Pacific whiting fishery.
    (iii) Process, sell, or discard any groundfish received from a 
Pacific whiting shoreside vessel that has not been weighed on a scale 
that is in compliance with requirements at Sec. 660.373 (j)(1)(i) and 
accounted for on an electronic fish ticket with the identification 
number for the Pacific whiting shoreside vessel that delivered the fish.
    (iv) Fail to weigh fish landed from a Pacific whiting shoreside 
vessel prior to transporting any fish from that landing away from the 
point of landing.

    Editorial Note: Amendments to Sec. 660.306 were made at 74 FR 9887, 
Mar. 6, 2009 and at 74 FR 10192, Mar. 10, 2009, resulting in two 
paragraphs (f)(7).
    (7) Sort or discard any portion of the catch taken by a catcher 
vessel in the mothership sector prior to the catch being received on a 
mothership, and prior to the observer being provided access to the 
unsorted catch, with the exception of minor amounts of catch that are 
lost when the codend is separated from the net and prepared for 
transfer.
    (g) Limited entry permits. (1) If a limited entry permit is 
registered for use with a vessel, fail to carry that permit onboard the 
vessel registered for use with the permit.A photocopy of the permit may 
not substitute for the original permit itself.
    (2) Make a false statement on an application for issuance, renewal, 
transfer, vessel registration, replacement of a limited entry permit, or 
a declaration of ownership interest in a limited entry permit.

[[Page 170]]

    (h) Fishing in conservation areas. (1) Operate any vessel registered 
to a limited entry permit with a trawl endorsement and trawl gear on 
board in a applicable GCA (as defined at Sec. 660.381 (d)), except for 
purposes of continuous transiting, with all groundfish trawl gear stowed 
in accordance with Sec. 660.381(d), or except as authorized in the 
groundfish management measures published at Sec. 660.381.
    (2) Operate any vessel registered to a limited entry permit with a 
longline or trap (pot) endorsement and longline and/or trap gear onboard 
in an applicable GCA (as defined at Sec. 660.382(c)), except for 
purposes of continuous transiting, with all groundfish longline and/or 
trap gear stowed in accordance with Sec. 660.382(c) or except as 
authorized in the groundfish management measures at Sec. 660.382.
    (3) Operate any vessel with non-groundfish trawl gear onboard in any 
applicable GCA (as defined at Sec. 660.383 (c)) except for purposes of 
continuous transiting, with all trawl gear stowed in accordance with 
Sec. 660.383 (c), or except as authorized in the groundfish management 
measures published at Sec. 660.383.
    (4) Operate any vessel in an applicable GCA (as defined at Sec. 
660.383 (c)) that has non-trawl gear onboard and is not registered to a 
limited entry permit on a trip in which the vessel is used to take and 
retain or possess groundfish in the EEZ, possess or land groundfish 
taken in the EEZ, except for purposes of continuous transiting, with all 
groundfish non-trawl gear stowed in accordance with Sec. 660.383(c), or 
except as authorized in the groundfish management measures published at 
Sec. 660.383.
    (5) Fish with bottom trawl gear (defined in Sec. 660.302) anywhere 
within EFH within the EEZ seaward of a line approximating the 700-fm 
(1280-m) depth contour, as defined in Sec. 660.396. For the purposes of 
regulation, EFH seaward of 700-fm (1280-m) within the EEZ is described 
at 660.395.
    (6) Fish with bottom trawl gear (defined in Sec. 660.302) with a 
footrope diameter greater than 19 inches (48 cm) (including rollers, 
bobbins or other material encircling or tied along the length of the 
footrope) anywhere within EFH within the EEZ. For the purposes of 
regulation, EFH within the EEZ is described at 660.395.
    (7) Fish with bottom trawl gear (defined in Sec. 660.302) with a 
footrope diameter greater than 8 inches (20 cm) (including rollers, 
bobbins or other material encircling or tied along the length of the 
footrope) anywhere within the EEZ shoreward of a line approximating the 
100-fm (183-m) depth contour (defined in Sec. 660.393).
    (8) Fish with bottom trawl gear (as defined in Sec. 660.302), 
within the EEZ in the following areas (defined in Sec. 660.397 and 
Sec. 660.398): Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, 
Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, 
Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, 
Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
    (9) Fish with bottom trawl gear (as defined in Sec. 660.302), other 
than demersal seine, unless otherwise specified in this section or 
section 660.381, within the EEZ in the following areas (defined in Sec. 
660.399): Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada 
Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area, 
Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, 
Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East 
San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod 
Conservation Area West), Catalina Island, Potato Bank (within Cowcod 
Conservation Area West), Cherry Bank (within Cowcod Conservation Area 
West), and Cowcod EFH Conservation Area East.
    (10) Fish with bottom contact gear (as defined in Sec. 660.302) 
within the EEZ in the following areas (defined in Sec. 660.398 and 
Sec. 660.399): Thompson Seamount, President Jackson Seamount, Cordell 
Bank (50-fm (91-m) isobath), Harris Point, Richardson Rock, Scorpion, 
Painted Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk 
Point, Footprint, Gull Island, South Point, and Santa Barbara.
    (11) Fish with bottom contact gear (as defined in Sec. 660.302), or 
any other gear that is deployed deeper than 500-

[[Page 171]]

fm (914-m), within the Davidson Seamount area (defined in Sec. 
660.395).
    (i) 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 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. 660.314(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. 660.314 (c)(2).
    (8) Fail to meet the vessel responsibilities specified at Sec. 
660.314 (d).
    (j) Vessel monitoring systems. (1) Use any vessel required to 
operate a VMS unit under Sec. 660.312 (b) unless that vessel carries a 
NMFS OLE type-approved mobile transceiver unit and complies with all the 
requirements described at Sec. 660.312.
    (2) Fail to install, activate, repair or replace a mobile 
transceiver unit prior to leaving port as specified at Sec. 660.312.
    (3) Fail to operate and maintain a mobile transceiver unit on board 
the vessel at all times as specified at Sec. 660.312.
    (4) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, mobile 
transceiver unit, or VMS signal required to be installed on or 
transmitted by a vessel as specified at Sec. 660.312.
    (5) Fail to contact NMFS OLE or follow NMFS OLE instructions when 
automatic position reporting has been interrupted as specified at Sec. 
660.312.
    (6) Register the same VMS transceiver unit to more than one vessel 
at the same time.
    (7) Falsify any VMS activation report or VMS exemption report that 
is authorized or required, as specified at Sec. 660.312.
    (8) Falsify any declaration report that is required, as specified at 
Sec. 660.303.

[69 FR 42348, July 15, 2004, as amended at 69 FR 77029, Dec. 23, 2004; 
70 FR 16148, Mar. 30, 2005; 71 FR 10620, Mar. 2, 2006; 71 FR 27415, May 
11, 2006; 71 FR 66139, Nov. 13, 2006; 71 FR 78653, Dec. 29, 2006; 72 FR 
50910, Sept. 5, 2007; 72 FR 69169, Dec. 7, 2007; 74 FR 9887, Mar. 6, 
2009; 74 FR 10192, Mar. 10, 2009; 74 FR 11881, Mar. 20, 2009]



Sec. 660.312  Vessel Monitoring System (VMS) requirements.

    (a) What is a VMS? A VMS consists of a NMFS OLE type-approved mobile 
transceiver unit that automatically determines the vessel's position and 
transmits it to a NMFS OLE type-approved communications service 
provider. The communications service provider receives the transmission 
and relays it to NMFS OLE.
    (b) Who is required to have VMS? The following vessels are required 
to install a NMFS OLE type-approved mobile transceiver unit and to 
arrange for a NMFS OLE type-approved communications service provider to 
receive and relay transmissions to NMFS OLE prior to fishing:
    (1) Any vessel registered for use with a limited entry permit that 
fishes in state or Federal waters seaward of the baseline from which the 
territorial sea

[[Page 172]]

is measured off the States of Washington, Oregon or California (0-200 nm 
offshore).
    (2) Any vessel that uses non-groundfish trawl gear to fish in the 
EEZ.
    (3) Any vessel that uses open access gear to take and retain, or 
possess groundfish in the EEZ or land groundfish taken in the EEZ.
    (c) How are mobile transceiver units and communications service 
providers approved by NMFS OLE? (1) NMFS OLE will publish type-approval 
specifications for VMS components in the Federal Register or notify the 
public through other appropriate media.
    (2) Mobile transceiver unit manufacturers or communication service 
providers will submit products or services to NMFS OLE for evaluation 
based on the published specifications.
    (3) NMFS OLE may publish a list of NMFS OLE type-approved mobile 
transceiver units and communication service providers for the Pacific 
Coast groundfish fishery in the Federal Register or notify the public 
through other appropriate media. As necessary, NMFS OLE may publish 
amendments to the list of type-approved mobile transceiver units and 
communication service providers in the Federal Register or through other 
appropriate media. A list of VMS transceivers that have been type-
approved by NMFS OLE may be mailed to the permit owner's address of 
record. NMFS will bear 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, as required at 
660.335(a)(2).
    (d) What are the vessel owner's responsibilities? If you are a 
vessel owner that must participate in the VMS program, you or the vessel 
operator must:
    (1) Obtain a NMFS OLE type-approved mobile transceiver unit and have 
it installed on board your vessel in accordance with the instructions 
provided by NMFS OLE. You may obtain a copy of the VMS installation and 
operation instructions from the NMFS OLE Northwest, VMS Program Manager 
upon request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: 
(206) 526-6133.
    (2) Activate the mobile transceiver unit, submit an activation 
report at least 72 hours prior to leaving port on a trip in which VMS is 
required, and receive confirmation from NMFS OLE that the VMS 
transmissions are being received before participating in a fishery 
requiring the VMS. Instructions for submitting an activation report may 
be obtained from the NMFS, Northwest OLE VMS Program Manager upon 
request at 7600 Sand Point Way NE., Seattle, WA 98115-6349, phone: 
(206)526-6133. An activation report must again be submitted to NMFS OLE 
following reinstallation of a mobile transceiver unit or change in 
service provider before the vessel may participate in a fishery 
requiring the VMS.
    (i) Activation reports. If you are a vessel owner who must use VMS 
and you are activating a VMS transceiver unit for the first time or 
reactivating a VMS transceiver unit following a reinstallation of a 
mobile transceiver unit or change in service provider, you must fax NMFS 
OLE an activation report that includes: Vessel name; vessel owner's 
name, address and telephone number, vessel operator's name, address and 
telephone number, USCG vessel documentation number/state registration 
number; if applicable, the groundfish permit number the vessel is 
registered to; VMS transceiver unit manufacturer; VMS communications 
service provider; VMS transceiver identification; identifying if the 
unit is the primary or backup; and a statement signed and dated by the 
vessel owner confirming compliance with the installation procedures 
provided by NMFS OLE.
    (ii) Transferring ownership of VMS unit. Ownership of the VMS 
transceiver unit may be transferred from one vessel owner to another 
vessel owner if all of the following documents are provided to NMFS OLE: 
a new activation report, which identifies that the transceiver unit was 
previously registered to another vessel; a notarized bill of sale 
showing proof of ownership of the VMS transceiver unit; documentation 
from the communications service provider showing proof that the service 
agreement for the previous vessel was terminated and that a service 
agreement was established for the new vessel.

[[Page 173]]

    (3) Transceiver unit operation. Operate and maintain in good working 
order the mobile transceiver unit continuously 24 hours a day throughout 
the fishing year, unless such vessel is exempted under paragraph (d)(4) 
of this section. The mobile transceiver unit must transmit a signal 
accurately indicating the vessel's position at least once every hour, 24 
hours a day, throughout the year unless a valid exemption report, as 
described in paragraph (b)(4) of this section, has been received by NMFS 
OLE. Less frequent position reporting at least once every four hours is 
authorized when a vessel remains in port for an extended period of time, 
but the mobile transceiver unit must remain in continuous operation at 
all times unless the vessel is exempted under this section.
    (4) VMS exemptions. A vessel that is required to operate the mobile 
transceiver unit continuously 24 hours a day throughout the fishing year 
may be exempted from this requirement if a valid exemption report, as 
described at paragraph (d)(4)(vii) of this section, is received by NMFS 
OLE and the vessel is in compliance with all conditions and requirements 
of the VMS exemption identified in this section and specified in the 
exemption report.
    (i) Haul out exemption. When it is anticipated that a vessel will be 
continuously out of the water for more than 7 consecutive days and a 
valid exemption report has been received by NMFS OLE, electrical power 
to the VMS mobile transceiver unit may be removed and transmissions may 
be discontinued. Under this exemption, VMS transmissions can be 
discontinued from the time the vessel is removed from the water until 
the time that the vessel is placed back in the water.
    (ii) Outside areas exemption. When the vessel will be operating 
seaward of the EEZ off Washington, Oregon, or California continuously 
for more than 7 consecutive days and a valid exemption report has been 
received by NMFS OLE, the VMS mobile transceiver unit transmissions may 
be reduced or discontinued from the time the vessel leaves the EEZ off 
the coasts of Washington, Oregon or California until the time that the 
vessel re-enters the EEZ off the coasts of Washington, Oregon or 
California. Under this exemption, the vessel owner or operator can 
request that NMFS OLE reduce or discontinue the VMS transmissions after 
receipt of an exemption report, if the vessel is equipped with a VMS 
transceiver unit that NMFS OLE has approved for this exemption.
    (iii) Permit transfer exemption. If the limited entry permit has 
been transferred from a vessel (for the purposes of this section, this 
includes permits placed into ``unidentified'' status) the vessel may be 
exempted from VMS requirements providing the vessel is not used to fish 
in state or Federal waters seaward of the baseline from which the 
territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore) for the remainder of the fishing year. If 
the vessel is used to fish in this area for any species of fish at any 
time during the remaining portion of the fishing year without being 
registered to a limited entry permit, the vessel is required to have and 
use VMS.
    (iv) Long-term departure exemption. A vessel participating in the 
open access fishery that is required to have VMS under Sec. 660.312 
(b)(3) may be exempted from VMS provisions after the end of the fishing 
year in which it participated in the open access fishery, providing the 
vessel submits a completed exemption report signed by the vessel owner 
that includes a statement signed by the vessel owner indicating that the 
vessel will not be used to take and retain or possess groundfish in the 
EEZ or land groundfish taken in the EEZ during the new fishing year.
    (v) Emergency exemption. Vessels required to have VMS under 
660.312(b) may be exempted from VMS provisions in emergency situations 
that are beyond the vessel owner's control, including but not limited 
to: fire, flooding, or extensive physical damage to critical areas of 
the vessel. A vessel owner may apply for an emergency exemption from the 
VMS requirements specified in Sec. 660.312(b) for his/her vessel by 
sending a written request to NMFS OLE specifying the following 
information: The reasons for seeking an exemption, including any 
supporting documents (e.g., repair invoices, photographs

[[Page 174]]

showing damage to the vessel, insurance claim forms, etc.); the time 
period for which the exemption is requested; and the location of the 
vessel while the exemption is in effect. NMFS OLE will issue a written 
determination granting or denying the emergency exemption request. A 
vessel will not be covered by the emergency exemption until NMFS OLE 
issues a determination granting the exemption. If an exemption is 
granted, the duration of the exemption will be specified in the NMFS OLE 
determination.
    (vi) Submission of exemption reports. Signed long-term departure 
exemption reports must be submitted by fax or by emailing a electronic 
copy of the actual report. In the event of an emergency in which an 
emergency exemption request will be submitted, initial contact with NMFS 
OLE must be made by telephone, fax or email within 24 hours from when 
the incident occurred. Emergency exemption requests must be requested in 
writing within 72 hours from when the incident occurred. Other exemption 
reports must be submitted through the VMS or another method that is 
approved by NMFS OLE and announced in the Federal Register. Submission 
methods for exemption requests, except long-term departures and 
emergency exemption requests, may include email, facsimile, or 
telephone. NMFS OLE will provide, through appropriate media, 
instructions to the public on submitting exemption reports. Instructions 
and other information needed to make exemption reports may be mailed to 
the vessel owner's address of record. NMFS will bear no responsibility 
if a notification is sent to the address of record for the vessel owner 
and is not received because the vessel owner's actual address has 
changed without notification to NMFS, as required at Sec. 
660.335(a)(2). Owners of vessels required to use VMS who do not receive 
instructions by mail are responsible for contacting NMFS OLE during 
business hours at least 3 days before the exemption is required to 
obtain information needed to make exemption reports. NMFS OLE must be 
contacted during business hours (Monday through Friday between 0800 and 
1700 Pacific Time).
    (vii) Valid exemption reports. For an exemption report to be valid, 
it must be received by NMFS at least 2 hours and not more than 24 hours 
before the exempted activities defined at paragraph (d)(4)(i) through 
(iv) of this section occur. An exemption report is valid until NMFS 
receives a report canceling the exemption. An exemption cancellation 
must be received at least 2 hours before the vessel re-enters the EEZ 
following an outside areas exemption; at least 2 hours before the vessel 
is placed back in the water following a haul out exemption; at least 2 
hours before the vessel resumes fishing for any species of fish in state 
or Federal waters off the States of Washington, Oregon, or California 
after it has received a permit transfer exemption; or at least 2 hours 
before a vessel resumes fishing in the open access fishery after a long-
term departure exemption. If a vessel is required to submit an 
activation report under Sec. 660.312(d)(2)(i) before returning to fish, 
that report may substitute for the exemption cancellation. Initial 
contact must be made with NMFS OLE not more than 24 hours after the time 
that an emergency situation occurred in which VMS transmissions were 
disrupted and followed by a written emergency exemption request within 
72 hours from when the incident occurred. If the emergency situation 
upon which an emergency exemption is based is resolved before the 
exemption expires, an exemption cancellation must be received by NMFS at 
least 2 hours before the vessel resumes fishing.
    (5) When aware that transmission of automatic position reports has 
been interrupted, or when notified by NMFS OLE that automatic position 
reports are not being received, contact NMFS OLE at 7600 Sand Point Way 
NE, Seattle, WA 98115-6349, phone: (206)526-6133 and follow the 
instructions provided to you. Such instructions may include, but are not 
limited to, manually communicating to a location designated by NMFS OLE 
the vessel's position or returning to port until the VMS is operable.
    (6) After a fishing trip during which interruption of automatic 
position reports has occurred, the vessel's owner or operator must 
replace or repair the

[[Page 175]]

mobile transceiver unit prior to the vessel's next fishing trip. Repair 
or reinstallation of a mobile transceiver unit or installation of a 
replacement, including change of communications service provider shall 
be in accordance with the instructions provided by NMFS OLE and require 
the same certification.
    (7) Make the mobile transceiver units available for inspection by 
NMFS OLE personnel, USCG personnel, state enforcement personnel or any 
authorized officer.
    (8) Ensure that the mobile transceiver unit is not tampered with, 
disabled, destroyed or operated improperly.
    (9) Pay all charges levied by the communication service provider as 
necessary to ensure continuous operation of the VMS transceiver units.

[68 FR 62384, Nov. 4, 2003. Redesignated and amended at 69 FR 42350, 
July 15, 2004; 72 FR 69169, Dec. 7, 2007; 73 FR 4759, Jan. 28, 2008]



Sec. 660.314  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) NMFS certified observers--
(i) A catcher/processor or mothership 125-ft (38.1-m) LOA or longer must 
carry two NMFS-certified observers, and a catcher-processor or 
mothership shorter than 125-ft (38.1-m) LOA must carry one NMFS-
certified observer, each day that the vessel is used to take, retain, 
receive, land, process, or transport groundfish.
    (ii) A Pacific whiting shoreside vessel that sorts catch at sea must 
carry one NMFS-certified observer, from the time the vessel leaves port 
on a trip in which the catch is sorted at sea to the time that all catch 
from that trip has been offloaded.
    (2) Catcher vessels. When NMFS notifies the owner, operator, permit 
holder, or the manager of a catcher vessel of any requirement to carry 
an observer, the catcher vessel may not be used to fish for groundfish 
without carrying an observer.
    (i) For the purposes of this section, the term ``catcher vessel'' 
includes all of the following vessels (except vessels described in 
paragraphs (c)(1) and (c)(3) of this section):
    (A) Any vessel registered for use with a Pacific Coast groundfish 
limited entry permit that fishes off the States of Washington, Oregon, 
or California seaward of the baseline from which the territorial sea of 
the United States is measured out to the seaward edge of the EEZ (i.e., 
0-200 nm offshore).
    (B) Any vessel other than a vessel described in paragraph 
(c)(2)(i)(A) of this section that is used to take and retain, possess, 
or land groundfish in or from the EEZ.
    (C) Any vessel that is required to take a Federal observer by the 
applicable State law.
    (ii) 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)(ii) 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)(ii)) of this

[[Page 176]]

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.
    (iii) Cease fishing report. Within 24 hours of ceasing the taking 
and retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any 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.
    (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. Equivalent to those provided for officers, 
engineers, foremen, deck-bosses or other management level personnel of 
the vessel.
    (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 USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec. 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 U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (iii) Hardware and software. Pacific whiting vessels that are 
required to carry one or more NMFS-certified observers under provisions 
at paragraphs (c)(1)(i) and (ii) must provide hardware and software 
pursuant to regulations at 50 CFR 679.50(f)(1)(iii)(B)(1) and 50 CFR 
679.50(f)(2), as follows:
    (A) Providing for use by the observer a personal computer in working 
condition that contains a full Pentium 120 Mhz or greater capacity 
processing chip, at least 32 megabytes of RAM, at least 75 megabytes of 
free hard disk storage, a Windows 9x or NT compatible operating system, 
an operating mouse, and a 3.5-inch (8.9 cm) floppy disk drive. The 
associated computer monitor must have a viewable screen size of at least 
14.1 inches (35.8 cm) and minimum display settings of 600x800 pixels. 
The computer equipment specified in this paragraph (A) must be connected 
to a communication device that provides a 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. Processors that 
use a modem 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.
    (B) NMFS-supplied software. Ensuring that each vessel that is 
required to carry a NMFS-certified observer obtains the data entry 
software provided by the NMFS for use by the observer.
    (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.

[[Page 177]]

    (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. Processing 
vessels must:
    (i) 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.
    (ii) Notify observers at least 3 hours before observers are 
transferred, such that the observers can collect personal belongings, 
equipment, and scientific samples.
    (iii) Provide a safe pilot ladder and conduct the transfer to ensure 
the safety of observers during transfers.
    (iv) Provide an experienced crew member to assist observers in the 
small boat or raft in which any transfer is made.
    (e) Procurement of observer services by catcher/processors, 
motherships, and Pacific whiting shoreside vessels that sort at sea. 
Owners of vessels required to carry observers under provisions at 
paragraph (c)(1)(i) or (ii) of this section must arrange for observer 
services from an observer provider permitted by the North Pacific 
Groundfish Observer Program under 50 CFR 679.50(i), except that:
    (1) Vessels are required to procure observer services directly from 
NMFS when NMFS has determined and given notification that the vessel 
must carry NMFS staff or an individual authorized by NMFS in lieu of an 
observer provided by a permitted observer provider.
    (2) Vessels are required to procure observer services directly from 
NMFS and a permitted observer provider when NMFS has determined and 
given notification that the vessel must carry NMFS staff or individuals 
authorized by NMFS, in addition to an observer provided by a permitted 
observer provider.
    (f) 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 (f)(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. NMFS will certify individuals who:
    (A) Are employed by an observer provider company permitted pursuant 
to 50 CFR 679.50 at the time of the issuance of the certification;
    (B) Have provided, through their observer provider:
    (1) Information identified by NMFS at 50 CFR 679.50(i)(2) 
(x)(A)(1)(iii) and (iv); and
    (2) Information identified by NMFS at 50 CFR 679.50(i)(2)(x)(C) 
regarding the observer candidate's health and physical fitness for the 
job;
    (C) Meet all education and health standards as specified in 50 CFR 
679.50(i)(2)(i)(A) and (1)(2)(x)(C), respectively; and
    (D) Have successfully completed NMFS-approved training as prescribed 
by the Observer Program.
    (1) 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.

[[Page 178]]

    (2) If a candidate fails training, he or she will be notified in 
writing on or before the last day of training. The notification will 
indicate: the reasons the candidate failed the training; whether the 
candidate can retake the training, and under what conditions, or 
whether, the candidate will not be allowed to 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 (f)(1)(iv)(A) of this 
section.
    (E) Have not been decertified under paragraph (f)(3) of this 
section, or pursuant to 50 CFR 679.50.
    (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 (f)(1)(iii) of this 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 paragraph (f)(4) of this section. 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 (f)(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.
    (A) Certification training endorsement. A certification training 
endorsement signifies the successful completion of the training course 
required to obtain 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. The 
observer can renew the endorsement by successfully completing 
certification training once more.
    (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) Pacific whiting fishery endorsements. A Pacific whiting fishery 
endorsement is required for purposes of performing observer duties 
aboard vessels that process groundfish at sea in the Pacific whiting 
fishery. A Pacific whiting fishery endorsement to an observer's 
certification may be obtained by meeting the following requirements:
    (1) Be a prior NMFS-certified observer in the groundfish fisheries 
off Alaska or the Pacific Coast, unless an individual with this 
qualification is not available;
    (2) Receive an evaluation by NMFS for his or her most recent 
deployment (if any) that indicated that the observer's performance met 
Observer Program expectations for that deployment;
    (3) Successfully complete a NMFS-approved observer training and/or 
whiting briefing as prescribed by the Observer Program; and

[[Page 179]]

    (4) Comply with all of the other requirements of this section.
    (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, or in a 
Pacific Coast fishery managed by either the state or Federal governments 
in waters off Washington, Oregon, or California, including but not 
limited to:
    (i) Any ownership, mortgage holder, or other secured interest in a 
vessel, shore-based 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, shore-based or floating stationary processing facility; or
    (iii) Any business involved with purchasing raw or processed 
products from any vessel, shore-based or floating stationary processing 
facilities.
    (2) Must 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 shore-based 
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, shore-basedprocessor, or stationary floating 
processor 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 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 (or a 
designee) will designate 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

[[Page 180]]

    (2) Failed to abide by the standards of conduct for observers as 
prescribed under paragraph (f)(2) of this section;
    (B) Upon conviction of a crime or upon entry of a civil judgment 
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 (f)(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. 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 is effective 
immediately as of the date of issuance, unless the suspension/
decertification official notes a compelling reason for maintaining 
certification for a specified period and under specified conditions.
    (iv) Appeals. A certified observer who receives an IAD that suspends 
or revokes his or her observer certification may appeal pursuant to 
paragraph (f)(4) of this section.
    (4) Appeals. (i) Decisions on appeals of initial administrative 
decisions denying certification to, or suspending, or decertifying, an 
observer, will be made by the Regional Administrator (or designated 
official).
    (ii) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (iii) An appeal must be filed with the Regional Administrator within 
30 days of the initial administrative decision denying, suspending, or 
revoking the observer's certification.
    (iv) The appeal must be in writing, and must allege facts or 
circumstances to show why the certification should be granted, or should 
not be suspended or revoked, under the criteria in this section.
    (v) Absent good cause for further delay, the Regional Administrator 
(or designated official) will issue a written decision on the appeal 
within 45 days of receipt of the appeal. The Regional Administrator's 
decision is the final administrative decision of the Department as of 
the date of the decision.
    (g) 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 observer sampling 
station and the location where the observer collects sample catch.
    (iii) Minimum work space aboard at-sea processing vessels. The 
observer must have a working area of 4.5 square meters, including the 
observer's sampling table, for sampling and storage of fish to be 
sampled. 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.
    (iv) Table aboard at-sea processing vessels. 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 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.

[[Page 181]]

    (v) Diverter board aboard at-sea processing vessels. The conveyor 
belt conveying unsorted catch must have a removable board (diverter 
board) to allow all 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. At least 1 m of 
accessible belt space, located downstream of the scale used to weight 
total catch, must be available for the observer's use when sampling.
    (vi) Other requirement for at-sea processing vessels. The sampling 
station must be in a well-drained area that includes floor grating (or 
other material that prevents slipping), lighting adequate for day or 
night sampling, and a hose that supplies fresh or sea water to the 
observer.
    (vii) Observer sampling scale. The observer sample station must 
include a NMFS-approved platform scale (pursuant to requirements at 50 
CFR 679.28(d)(5)) 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.
    (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, as amended at 69 FR 31755, June 7, 2004. 
Redesignated and amended at 69 FR 42350, July 15, 2004; 69 FR 57881, 
Sept. 28, 2004; 71 FR 66139, Nov. 13, 2006; 71 FR 78654, Dec. 29, 2006; 
74 FR 9887, Mar. 6, 2009]



Sec. 660.320  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.
    (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 recreational 
fishery estimates or tribal allocations. 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 biennial fishing 
period's open access allocation.
    (c) Catch accounting between the limited entry and open access 
fisheries. Any groundfish caught by a vessel with a limited entry permit 
will be counted against the limited entry allocation while the limited 
entry fishery for that vessel's limited entry gear is open. When the 
fishery for a vessel's limited entry gear has closed, groundfish caught 
by that vessel with open access gear will be counted against the open 
access allocation. All groundfish caught by vessels without limited 
entry permits will be counted against the open access allocation.
    (d) Additional guidelines. Additional guidelines governing 
determination of the limited entry and open access allocations are in 
the PCGFMP.
    (e) Treaty Indian fisheries. Certain amounts of groundfish may be 
set aside 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-

[[Page 182]]

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 
estimated prior to dividing the commercial allocation between the 
commercial limited entry and open access fisheries.

[61 FR 34572, July 2, 1996, as amended at 68 FR 52523, Sept. 4, 2003. 
Redesignated at 69 FR 42350, July 15, 2004; 71 FR 78654, Dec. 29, 2006]



Sec. 660.321  Black rockfish harvest guideline.

    From the commercial harvest of black rockfish off Washington State, 
a treaty Indian tribes' harvest guideline is set of 30,000 lb (13,608 
kg) for the area north of Cape Alava, WA (48[deg]09.50[min] N. lat) and 
10,000 lb (4,536 kg) for the area between Destruction Island, WA 
(47[deg]40[min] N. lat.) and Leadbetter Point, WA (46[deg]38.17[min] N. 
lat.). This harvest guideline applies and is available to the treaty 
Indian tribes identified in Sec. 660.324(b).

[75 FR 8824, Feb. 26, 2010]



Sec. 660.322  Sablefish allocations.

    (a) Tribal-nontribal allocation. The sablefish allocation to Pacific 
coast treaty Indian tribes identified at Sec. 660.324(b) is 10 percent 
of the sablefish total catch OY for the area north of 36[deg] N. lat. 
This allocation represents the total amount available to the treaty 
Indian fisheries before deductions for discard mortality. The annual 
tribal sablefish allocations are provided in Sec. 660.385(a).
    (b) Between the limited entry and open access sectors. Sablefish is 
allocated between the limited entry and open access fisheries according 
to the procedure described in Sec. 660.320(a).
    (c) Between the limited entry trawl and limited entry nontrawl 
sectors. The limited entry sablefish allocation is further allocated 58 
percent to the trawl sector and 42 percent to the nontrawl (longline and 
pot/trap) sector.
    (d) Between the limited entry fixed gear primary season and daily 
trip limit fisheries. Within the limited entry nontrawl sector 
allocation, 85 percent is reserved for the primary season described in 
Sec. 660.372(b), leaving 15 percent for the limited entry daily trip 
limit fishery described in Sec. 660.372(c).
    (e) Ratios between tiers for sablefish-endorsed limited entry 
permits. 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 
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 Sec. 660.372.

[69 FR 77029, Dec. 23, 2004, as amended by 71 FR 78654, Dec. 29, 2006]



Sec. 660.323  Pacific whiting allocations, allocation attainment,
and inseason allocation reapportionment.

    (a) Allocations. (1) Annual treaty tribal whiting allocations are 
provided in Sec. 660.385(e).
    (2) The non-tribal commercial harvest guideline for whiting is 
allocated among three sectors, as follows:34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent 
for the shore-based sector. No more than 5 percent of the shore-based 
allocation may be taken and retained south of 42[deg] N. lat. before the 
start of the primary whiting season north of 42[deg] N. lat.Specific 
sector allocations for a given calendar year are found in tables 1a and 
2a of this subpart.
    (b) Reaching an allocation. If the whiting harvest guideline, 
commercial harvest guideline, or a sector[min]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 (e) of 
this section and will remain in effect until additional amounts are made 
available the next calendar year or under paragraph (c) of this section.

[[Page 183]]

    (1) 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.
    (2) Mothership sector. 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. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the mothership 
sector.
    (3) Shore-based sector coastwide. Whiting may not be taken and 
retained, possessed, or landed by a catcher vessel participating in the 
shore-based sector except as authorized under a trip limit specified 
under Sec. 660.370(c).
    (4) Shore-based south of 42[deg] N. lat. If 5 percent of the shore-
based allocation for whiting is taken and retained south of 42[deg] N. 
lat. before the primary season for the shore-based sector begins north 
of 42[deg] N. lat., then a trip limit specified under Sec. 660.370(c) 
may be implemented south of 42[deg] N. lat. until the northern primary 
season begins, at which time the southern primary season would resume.
    (c) Reapportionments. That portion of a sector's allocation that the 
Regional Administrator 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 may also be made 
available.
    (d) 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 
Pacific whiting that will be used by shore-based processors by the end 
of the calendar year will be based on the best information available to 
the Regional Administrator from state catch and landings data, the 
testimony received at Council meetings, and/or other relevant 
information.
    (e) Announcements. The Regional 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 (b) of 
this section. The Regional Administrator will announce in the Federal 
Register any reapportionment of surplus whiting to others 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 fishers and processors, by e-
mail, internet (www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-
Management/Whiting-Management/index.cfm), phone, fax, letter, press 
release, and/or USCG 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.

[69 FR 42350, July 15, 2004, as amended at 69 FR 77029, Dec. 23, 2004; 
70 FR 22812, May 3, 2005; 70 FR 28853, May 19, 2005; 71 FR 29262, May 
22, 2006; 71 FR 78654, Dec. 29, 2006]



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 184]]

area may be revised as ordered by a Federal court.
    (1) Makah That portion of the FMA north of 48[deg]02.25[min] N. lat. 
(Norwegian Memorial) and east of 125[deg]44[min] W. long.
    (2) Quileute That portion of the FMA between 48[deg]07.60[min] N. 
lat. (Sand Point) and 47[deg]31.70[min] N. lat. (Queets River) and east 
of 125[deg]44[min] W. long.
    (3) Hoh That portion of the FMA between 47[deg]54.30[min] N. lat. 
(Quillayute River) and 47[deg]21[min] N. lat. (Quinault River) and east 
of 125[deg]44[min] W. long.
    (4) Quinault That portion of the FMA between 47[deg]40.10[min] N. 
lat. (Destruction Island) and 46[deg]53.30[min] N. lat. (Point Chehalis) 
and east of 125[deg]44[min] 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 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.
    (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 and Sec. 660.385 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 
subpart.
    (h) Any member of a Pacific Coast treaty Indian tribe must comply 
with this section and Sec. 660.385, 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 biennially for two subsequent one-year 
periods for the areas between the U.S.-Canadian border and Cape Alava 
(48[deg]09.50[min] N. lat.) and between Destruction Island 
(47[deg]40[min] N. lat.) and Leadbetter Point (46[deg]38.17[min] 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 Sec. Sec. 660.321 and 
660.385, 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; 68 
FR 52522, Sept. 4, 2003; 71 FR 78655, Dec. 29, 2006]



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

[[Page 185]]

such fishing by treaty Indian tribes as may be separately provided for.



Sec. 660.333  Limited entry fishery-eligibility and registration.

    (a) General. A limited entry permit confers a conditional privilege 
of participating in the Pacific coast groundfish limited entry fishery, 
in accordance with Federal regulations in 50 CFR part 660. In order for 
a vessel to participate in the limited entry fishery, the vessel owner 
must hold a limited entry permit and, through SFD, must register that 
vessel for use with a limited entry permit. 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). All limited entry permits have size endorsements and a 
vessel registered for use with a limited entry permit must comply with 
the vessel size requirements of this subpart. 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. 
After May 11, 2009, a catcher vessel participating in either the whiting 
shore-based or mothership sector must, in addition to being registered 
for use with a limited entry permit, be registered for use with a 
sector-appropriate Pacific whiting vessel license under Sec. 660.336. 
After May 11, 2009, a vessel participating in the whiting catcher/
processor sector must, in addition to being registered for use with a 
limited entry permit, be registered for use with a sector-appropriate 
Pacific whiting vessel license under Sec. 660.336. After April 9, 2009, 
although a mothership vessel participating in the whiting mothership 
sector is not required to be registered for use with a limited entry 
permit, such vessel must be registered for use with a sector-appropriate 
Pacific whiting vessel license under Sec. 660.336.
    (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 with the harvest 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; 68 
FR 52523, Sept. 4, 2003; 72 FR 27764, May 17, 2007; 74 FR 10192, Mar. 
10, 2009; 74 FR 11881, Mar. 20, 2009]



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

[[Page 186]]

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. 
660.372, 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. 660.372(b)(3) 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. 660.372.
    (ii) When permits are combined into one permit to be registered for 
use with a vessel requiring a larger size endorsement, the new permit 
will be endorsed for the size 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), 
at least one of the permits must meet the size requirements of those 
sections. The permit that meets the size requirements of those sections

[[Page 187]]

is considered the vessel's ``base'' permit, as defined in Sec. 660.302. 
Beginning in the Fall of 2006 with the limited entry permit renewal 
process (Sec. 660.335(a)), if more than one permit registered for use 
with the vessel has an appropriate length endorsement for that vessel, 
NMFS SFD will designate a base permit by selecting the permit that has 
been registered to the vessel for the longest time. If the permit owner 
objects to NMFS's selection of the base permit, the permit owner may 
send a letter to NMFS SFD requesting the change and the reasons for the 
request. If the permit requested to be changed to the base permit is 
appropriate for the length of the vessel as provided for in paragraph 
(c)(2)(i) of this section, NMFS SFD will reissue the permit with the new 
base permit. 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 ft (1.5 m) 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. 660.372 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 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.

[[Page 188]]

    (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.
    (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

[[Page 189]]

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 individual person, partnership, or corporation in 
combination may have ownership interest in or hold more than 3 permits 
with sablefish endorsements either simultaneously or cumulatively over 
the primary season, except for an individual person, or 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. An individual 
person, or partnerships or corporations that had ownership interest in 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, an individual person, 
partnership, or corporation that owned more than 3 permits as of 
November 1, 2000, sells or otherwise permanently transfers (not holding 
through a lease arrangement) 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 is 
defined at Sec. 660.302. A change in the partnership or corporation 
must be reported to SFD within 15 calendar days of the addition of a new 
shareholder or partner.
    (iv) During 2006 when a permit's ownership interest is requested for 
the first time, NMFS anticipates sending a form to legally recognized 
corporations and partnerships (i.e., permit owners or holders that do 
not include only individual's names) that currently own or hold 
sablefish-endorsed permits that requests a listing of the names of all 
shareholders or partners as of November 1, 2000, and a listing of that 
same information as of the current date in 2006. Applicants will be 
provided at least 60 calendar days to submit completed applications. If 
a corporation or partnership fails to return the completed form by the 
deadline date of July 1, 2006, NMFS will send a second written notice to 
delinquent entities requesting the completed form by a revised deadline 
date of August 1, 2006. If the permit owning or holding entity fails to 
return the completed form by that second date, August 1, 2006, NMFS will 
void their existing permit(s) and reissue the permit(s) with a vessel 
registration given as ``unidentified'' until such time that the 
completed form is provided to NMFS. For the 2007 fishing year and 
beyond, any partnership or corporation with any ownership interest in or 
that holds a limited entry permit with a sablefish endorsement shall 
document the extent of that ownership interest or the individuals that 
hold the permit with the SFD via the Identification of Ownership 
Interest Form sent to the permit owner through the annual permit renewal 
process defined at Sec. 660.335(a) and whenever a change in permit 
owner, permit holder, and/or vessel registration occurs as defined at 
Sec. 660.335(d) and (e). SFD will not renew a sablefish-endorsed 
limited entry permit through the annual renewal process described at 
Sec. 660.335(a) or approve a change in permit owner, permit holder, 
and/or vessel registration unless the Identification of Ownership 
Interest Form has been completed. Further, if SFD discovers through 
review of the Identification of Ownership Interest

[[Page 190]]

Form that an individual person, partnership, or corporation owns or 
holds more than 3 permits and is not authorized to do so under paragraph 
(d)(4)(ii) of this section, the individual person, partnership or 
corporation will be notified and the permits owned or held by that 
individual person, partnership, or corporation will be void and reissued 
with the vessel status as ``unidentified'' until the permit owner owns 
and/or holds a quantity of permits appropriate to the restrictions and 
requirements described in paragraph (d)(4)(ii) of this section. If SFD 
discovers through review of the Identification of Ownership Interest 
Form that a partnership or corporation has had a change in membership 
since November 1, 2000, as described in paragraph (d)(4)(iii) of this 
section, the partnership or corporation will be notified, SFD will void 
any existing permits, and reissue any permits owned and/or held by that 
partnership or corporation in ``unidentified'' status with respect to 
vessel registration until the partnership or corporation is able to 
transfer those permits to persons authorized under this section to own 
sablefish-endorsed limited entry permits.
    (v) For permit owners with one individual listed and who were 
married as of November 1, 2000, and who wish to add their spouse as co-
owner on their permit(s), NMFS will accept corrections to NMFS' permit 
ownership records. Permit owners may add a not-listed spouse as a co-
owner without losing their exemption from the owner-on-board 
requirements (i.e., grandfathered status). Their new grandfathered 
status will be as a partnership, as defined at Sec. 660.302 which 
includes married couples. Individual permit owners will lose their 
individual grandfathered status when they add their not-listed spouse 
unless they also owned at least one permit as an individual and did not 
retroactively add a spouse as co-owner on that permit. In cases where 
married couples are listed as co-owners of the same permit, both 
individuals will be counted as owning one permit each and will have 
grandfathered status as a partnership. An individual within the married 
couple will not, however, be able to retain their exemption from owner-
on-board requirements if they choose to buy another permit as an 
individual and did not own a permit as an individual as of the control 
date in NMFS ``corrected'' records (i.e., NMFS records after allowing a 
not-listed spouse to be added as co-owner). Members of partnerships and 
corporations will not be allowed to add their spouses to the corporate 
ownership listing as of November 1, 2000, for purposes of exempting them 
from the owner-on-board requirements. NMFS will send a form to permit 
owners with one individual listed on the permit as of November 1, 2000, 
to allow married individuals who wish to declare their spouses as having 
permit ownership interest as of November 1, 2000. Applicants will be 
required to submit a copy of their marriage certificate as evidence of 
marriage. Applicants will be provided at least 60 calendar days to 
submit an application to add a spouse as co-owner. Failure to return the 
completed form to NMFS SFD by July 1, 2006, will result in the 
individual listed on the permit in SFD records as of November 1, 2000, 
remaining on the permit. SFD will not accept any declarations to add a 
spouse as co-owner for couples married as of November 1, 2000, 
postmarked after the July 1, 2006, deadline.
    (vi) For an individual person, partnership, or corporation that 
qualified for the owner-on-board exemption, but later divested their 
interest in a permit or permits, they may retain rights to an owner-on-
board exemption as long as that individual person, partnership, or 
corporation obtains another permit by March 2, 2007. An individual 
person, partnership or corporation could only obtain a permit if it has 
not added or changed individuals since November 1, 2000, excluding 
individuals that have left the partnership or corporation or that have 
died. NMFS will send out a letter to all individuals, partnerships or 
corporations who owned a permit as of November 1, 2000, and who no 
longer own a permit to notify them that they would qualify as a 
grandfathered permit owner if they choose to buy a permit by March 2, 
2007.
    (vii) A person, partnership, or corporation that is exempt from the 
owner-on-board requirement may sell all of their permits, buy another 
sablefish-endorsed permit within up to a

[[Page 191]]

year from the date the last permit was approved for transfer, and retain 
their exemption from the owner-on-board requirements. An individual 
person, partnership or corporation could only obtain a permit if it has 
not added or changed individuals since November 1, 2000, excluding 
individuals that have left the partnership or corporation or that have 
died.
    (e) Sablefish at-sea processing prohibition and exemption--(1) 
General. Beginning January 1, 2007, vessels are prohibited from 
processing sablefish at sea that were caught in the primary sablefish 
fishery without sablefish at-sea processing exemptions at Sec. 
660.306(e)(3). A permit and/or vessel owner may get an exemption to this 
prohibition if his/her vessel meets the exemption qualifying criteria 
provided in paragraph (e)(2) of this section. The sablefish at-sea 
processing exemption is issued to a particular vessel and the permit 
and/or vessel owner who requested the exemption. The exemption is not 
part of the limited entry permit. The exemption is not transferable to 
any other vessel, vessel owner, or permit owner for any reason. The 
sablefish at-sea processing exemption will expire upon transfer of the 
vessel to a new owner or if the vessel is totally lost, as defined at 
Sec. 660.302.
    (2) Qualifying criteria. A sablefish at-sea processing exemption 
will be issued to any vessel registered for use with a sablefish-
endorsed limited entry permit that meets the sablefish at-sea processing 
exemption qualifying criteria and for which the owner submits a timely 
application. The qualifying criteria for a sablefish at-sea processing 
exemption are: at least 2,000 lb (907.2 mt), round weight, of frozen 
sablefish landed by the applicant vessel during any one calendar year in 
either 1998 or 1999, or between January 1 and November 1, 2000. The best 
evidence of a vessel having met these qualifying criteria will be 
receipts from frozen product buyers or exporters, accompanied by the 
state fish tickets or landings receipts appropriate to the frozen 
product. Documentation showing investment in freezer equipment without 
also showing evidence of how poundage qualifications have been met is 
not sufficient evidence to qualify a vessel for a sablefish at-sea 
processing exemption. All landings of sablefish must have occurred 
during the regular and/or mop-up seasons and must have been harvested in 
waters managed under this part. Sablefish taken in tribal set aside 
fisheries or taken outside of the fishery management area, as defined at 
Sec. 660.302, does not meet the qualifying criteria.
    (3) Issuance process for sablefish at-sea processing exemptions.
    (i) The SFD will mail sablefish at-sea processing exemption 
applications to all limited entry permit owners with sablefish 
endorsements and/or fixed gear vessel owners and will make those 
applications available online at www.nwr.noaa.gov/Groundfish-Halibut/
Fisheries-Permits/index.cfm. Permit and/or vessel owners will have at 
least 60 calendar days to submit applications. A permit and/or vessel 
owner who believes that their vessel may qualify for the sablefish at-
sea processing exemption will have until July 1, 2006, to submit 
evidence showing how their vessel has met the qualifying criteria 
described in this section at paragraph (e)(2) of this section. Paragraph 
(e)(4) of this section sets out the relevant evidentiary standards and 
burden of proof. SFD will not accept applications for the sablefish at-
sea processing exemption postmarked after July 1, 2006.
    (ii) Within 30 calendar days of the deadline or after receipt of a 
complete application, the SFD will notify applicants by letter of 
determination whether their vessel qualifies for the sablefish at-sea 
processing exemption. A person who has been notified by the SFD that 
their vessel qualifies for a sablefish at-sea processing exemption will 
be issued an exemption letter by SFD that must be onboard the vessel at 
all times. After the deadline for the receipt of applications has 
expired and all applications processed, SFD will publish a list of 
vessels that qualified for the sablefish at-sea processing exemption in 
the Federal Register.
    (iii) If a permit and/or vessel owner chooses to file an appeal of 
the determination under paragraph (e)(3)(ii) of this section, the appeal 
must be filed with the Regional Administrator within 30 calendar days of 
the issuance of the letter of determination. The appeal

[[Page 192]]

must be in writing and must allege facts or circumstances, and include 
credible evidence demonstrating why the vessel qualifies for a sablefish 
at-sea processing exemption. The appeal of a denial of an application 
for a sablefish at-sea processing exemption will not be referred to the 
Council for a recommendation, nor will any appeals be accepted by SFD 
after September 1, 2006.
    (iv) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 calendar 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) Evidence and burden of proof. A permit and/or vessel owner 
applying for issuance of a sablefish at-sea processing exemption has the 
burden to submit evidence to prove that qualification requirements are 
met. The following evidentiary standards apply:
    (i) A certified copy of the current vessel document (USCG or state) 
is the best evidence of vessel ownership and LOA.
    (ii) A certified copy of a state fish receiving ticket is the best 
evidence of a landing, and of the type of gear used.
    (iii) A copy of a written receipt indicating the name of their 
buyer, the date, and a description of the product form and the amount of 
sablefish landed is the best evidence of the commercial transfer of 
frozen sablefish product.
    (iv) Such other relevant, credible evidence as the applicant may 
submit, or the SFD or the Regional Administrator request or acquire, may 
also be considered.
    (f) Endorsement and exemption restrictions. ``A'' endorsements, gear 
endorsements, sablefish endorsements and sablefish tier assignments may 
not be transferred separately from the limited entry permit. Sablefish 
at-sea processing exemptions are associated with the vessel and not with 
the limited entry permit and may not be transferred at all.

[66 FR 40919, Aug. 6, 2001, as amended at 66 FR 41158, Aug. 7, 2001; 67 
FR 65905, Oct. 29, 2002; 69 FR 42351, July 15, 2004; 69 FR 57881, Sept. 
28, 2004; 71 FR 10621, Mar. 2, 2006]



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 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 15 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.
    (4) Limited entry permits with sablefish endorsements, as described 
at Sec. 660.334(d), will not be renewed until SFD has received complete 
documentation of permit ownership as required under Sec. 
660.334(d)(4)(iv).
    (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

[[Page 193]]

the largest cumulative landings limit of the permits being combined.
    (c) Stacking limited entry permits. ``Stacking'' limited entry 
permits, as defined at Sec. 660.302, 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 
3 limited entry permits with sablefish endorsements may be registered 
for use with a single vessel during the primary sablefish season 
described at Sec. 660.372. Privileges, responsibilities, and 
restrictions associated with stacking permits to participate in the 
primary sablefish fishery are described at Sec. 660.372 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). Change in permit owner and/or permit holder applications must be 
submitted to SFD with the appropriate documentation described at Sec. 
660.335(g).
    (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.
    (3) Sablefish-endorsed permits. Beginning January 1, 2007, if a 
permit owner submits an application to transfer a sablefish-endorsed 
limited entry permit to a new permit owner or holder (transferee) during 
the primary sablefish season described at Sec. 660.372(b) (generally 
April 1 through October 31), the initial permit owner (transferor) must 
certify on the application form the cumulative quantity, in round 
weight, of primary season sablefish landed against that permit as of the 
application signature date for the then current primary season. The 
transferee must sign the application form acknowledging the amount of 
landings to date given by the transferor. This certified amount should 
match the total amount of primary season sablefish landings reported on 
state fish tickets. As required at Sec. 660.303(c), any person landing 
sablefish must retain on board the vessel from which sablefish is 
landed, and provide to an authorized officer upon request, copies of any 
and all reports of sablefish landings from the primary season containing 
all data, and in the exact manner, required by the applicable state law 
throughout the primary sablefish season during which a landing occurred 
and for 15 days thereafter.
    (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 Sec. 660.335(g). 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. Applications 
to transfer limited entry permits with sablefish endorsements, as 
described at Sec. 660.334(d), will not be approved until SFD has 
received complete documentation of permit ownership as required under 
Sec. 660.334(d)(4)(iv).
    (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

[[Page 194]]

receives a complete application, the existing permit, a current copy of 
the USCG 1270, and other required documentation.
    (3) Effective date. 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. No transfer 
is effective until the limited entry permit has been reissued as 
registered with the new vessel.
    (4) Sablefish-endorsed permits. Beginning January 1, 2007, if a 
permit owner submits an application to register a sablefish-endorsed 
limited entry permit to a new vessel during the primary sablefish season 
described at Sec. 660.372(b) (generally April 1 through October 31), 
the initial permit owner (transferor) must certify on the application 
form the cumulative quantity, in round weight, of primary season 
sablefish landed against that permit as of the application signature 
date for the then current primary season. The new permit owner or holder 
(transferee) associated with the new vessel must sign the application 
form acknowledging the amount of landings to date given by the 
transferor. This certified amount should match the total amount of 
primary season sablefish landings reported on state fish tickets. As 
required at Sec. 660.303(c)), any person landing sablefish must retain 
on board the vessel from which sablefish is landed, and provide to an 
authorized officer upon request, copies of any and all reports of 
sablefish landings from the primary season containing all data, and in 
the exact manner, required by the applicable state law throughout the 
primary sablefish season during which a landing occurred and for 15 days 
thereafter.
    (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 authorize to use a 
permit with the vessel registration designated as ``unidentified.'' A 
vessel owner who removes a permit from his vessel and registers that 
permit as ``unidentified'' is not exempt from VMS requirements at Sec. 
660.312 unless specifically authorized by that section.
    (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 a vessel registration and/or change in 
permit

[[Page 195]]

ownership or permit holder for sablefish-endorsed permits with a tier 
assignment for which a corporation or partnership is listed as permit 
owner and/or holder, an Identification of Ownership Interest Form must 
be completed and included with the application form.
    (3) 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.
    (4) 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.
    (5) For a request to change a permit's ownership that is 
necessitated by the 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.
    (6) 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).
    (7) 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; 69 FR 11124, Mar. 9, 2004; 69 FR 42351, July 
15, 2004; 71 FR 10623, Mar. 2, 2006; 72 FR 27764, May 17, 2007; 72 FR 
69171, Dec. 7, 2007; 74 FR 10193, Mar. 10, 2009]



Sec. 660.336  Pacific whiting vessel licenses.

    (a) Pacific whiting vessel license--(1) General. After May 11, 2009, 
participation in the non-tribal primary whiting season described in 
Sec. 660.373(b) requires:
    (i) An owner of any vessel that catches Pacific whiting must hold a 
limited entry permit, registered for use with that vessel, with a trawl 
gear endorsement; and, a Pacific whiting vessel license registered for 
use with that vessel and appropriate to the sector or sectors in which 
the vessel intends to participate;
    (ii) An owner of any mothership vessel that processes Pacific 
whiting to hold a Pacific whiting vessel license registered for use with 
that vessel and appropriate to the sector or sectors in which the vessel 
intends to participate.
    (iii) Pacific whiting vessel licenses are separate from limited 
entry permits and do not license a vessel to harvest whiting in the 
primary whiting season unless that vessel is also registered for use 
with a limited entry permit with a trawl gear endorsement.
    (2) Pacific whiting vessel license qualifying criteria--(i) 
Qualifying criteria. Vessel catch and/or processing history will be used 
to determine whether that vessel meets the qualifying criteria for a 
Pacific whiting vessel license and to determine the sectors for which 
that vessel may qualify. Vessel catch and/or processing history includes 
only the catch and/or processed product of that particular vessel, as 
identified in association with the vessel's USCG number.

[[Page 196]]

Only whiting regulated by this subpart that was taken with midwater (or 
pelagic) trawl gear will be considered for the Pacific whiting vessel 
license. Whiting harvested or processed by a vessel that has since been 
totally lost, scrapped, or is rebuilt such that a new U.S.C.G. 
documentation number would be required will not be considered for this 
license. Whiting harvested or processed illegally or landed illegally 
will not be considered for this license. Catch and/or processing history 
associated with a vessel whose permit was purchased by the Federal 
Government through the Pacific Coast groundfish fishing capacity 
reduction program, as identified at 68 FR 62435 (November 4, 2003), does 
not qualify a vessel for a Pacific whiting vessel license and no vessel 
owner may apply for or receive a Pacific whiting vessel license based on 
catch and/or processing history from one of those buyback vessels. The 
following sector-specific license qualification criteria apply:
    (A) For catcher/processor vessels, the qualifying criteria for a 
Pacific whiting vessel license is evidence of having caught and 
processed any amount of whiting during a primary catcher/processor 
season during the period January 1, 1997 through January 1, 2007.
    (B) For mothership at-sea processing vessels, the qualifying 
criteria for a Pacific whiting vessel license is documentation of having 
received and processed any amount of whiting during a primary mothership 
season during the period January 1, 1997 through January 1, 2007.
    (C) For catcher vessels delivering whiting to at-sea mothership 
processing vessels, the qualifying criteria for a Pacific whiting vessel 
license is documentation of having delivered any amount of whiting to a 
mothership processor during a primary mothership season during the 
period January 1, 1997, through January 1, 2007.
    (D) For catcher vessels delivering whiting to Pacific whiting first 
receiver, the qualifying criteria for a Pacific whiting vessel license 
is documentation of having made at least one landing of whiting taken 
with mid-water trawl gear during a primary shore-based season during the 
period January 1, 1994, through January 1, 2007, and where the weight of 
whiting exceeded 50 percent of the total weight of the landing.
    (ii) Documentation and burden of proof. A vessel owner applying for 
a Pacific whiting vessel license has the burden to submit documentation 
that qualification requirements are met. An application that does not 
include documentation of meeting the qualification requirements during 
the qualifying years will be considered incomplete and will not be 
reviewed. The following standards apply:
    (A) A certified copy of the current vessel document (USCG or State) 
is the best documentation of vessel ownership and LOA.
    (B) A certified copy of a State fish receiving ticket is the best 
documentation of a landing at a Pacific whiting shoreside first 
receiver, and of the type of gear used.
    (C) For participants in the at-sea whiting fisheries, documentation 
of participation could include, but is not limited to: a final observer 
report documenting a particular catcher vessel, mothership, or catcher/
processor's participation in the whiting fishery in an applicable year 
and during the applicable primary season, a bill of lading for whiting 
from an applicable year and during the applicable primary season, a 
catcher vessel receipt from a particular mothership known to have 
participated in the whiting fishery during an applicable year, a signed 
copy of a Daily Receipt of Fish and Cumulative Production Logbook 
(mothership sector) or Daily Fishing and Cumulative Production Logbook 
(catcher/processor sector) from an applicable year during the applicable 
primary season.
    (E) Such other relevant, credible documentation as the applicant may 
submit, or the SFD or the Regional Administrator request or acquire, may 
also be considered.
    (3) Issuance process for Pacific whiting vessel licenses--(i) SFD 
will mail, to the most recent address provided to the SFD permits 
office, a Pacific whiting vessel license application to all current and 
prior owners of vessels that have been registered for use with limited 
entry permits with trawl endorsements, excluding owners of those vessels 
whose permits were purchased

[[Page 197]]

through the Pacific Coast groundfish fishing capacity reduction program. 
NMFS will also make license applications available online at: http://
www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm. A 
vessel owner who believes that his/her vessel may qualify for the 
Pacific whiting vessel license will have until May 11, 2009, to submit 
an application with documentation showing how his/her vessel has met the 
qualifying criteria described in this section. NMFS will not accept 
applications for Pacific whiting vessel licenses received after May 11, 
2009.
    (ii) After receipt of a complete application, NMFS will notify 
applicants by letter of its determination whether their vessels qualify 
for Pacific whiting vessel licenses and the sector or sectors to which 
the licenses apply. Vessels that have met the qualification criteria 
will be issued the appropriate licenses at that time. After May 11, 
2009, NMFS will publish a list of vessels that qualified for Pacific 
whiting vessel licenses in the Federal Register.
    (iii) If a vessel owner files an appeal from the determination under 
paragraph (a)(3)(ii) of this section the appeal must be filed with the 
Regional Administrator within 30 calendar days of the issuance of the 
letter of determination. The appeal must be in writing and must allege 
facts or circumstances, and include credible documentation demonstrating 
why the vessel qualifies for a Pacific whiting vessel license. The 
appeal of a denial of an application for a Pacific whiting vessel 
license will not be referred to the Council for a recommendation, nor 
will any appeals be accepted by NMFS after June 15, 2009.
    (iv) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 calendar 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) Notification to NMFS of changes to Pacific whiting vessel 
license information. The owner of a vessel registered for use with a 
Pacific whiting vessel license must provide a written request to NMFS to 
change the name or names of vessel owners provided on the vessel 
license, or to change the licensed vessel's name. The request must 
detail the names of all new vessel owners as registered with U.S. Coast 
Guard, a business address for the vessel owner, business phone and fax 
number, tax identification number, date of birth, and/or date of 
incorporation for each individual and/or entity, and a copy of the 
vessel documentation (USCG 1270) to show proof of ownership. NMFS will 
reissue a new vessel license with the names of the new vessel owners 
and/or vessel name information. The Pacific whiting vessel license is 
considered void if the name of the vessel or vessel owner is changed 
from that given on the license. In addition, the vessel owner must 
report to NMFS any change in address for the vessel owner within 15 days 
of that change. Although the name of an individual vessel registered for 
use with a Pacific whiting vessel license may be changed, the license 
itself may not be registered to any vessel other than the vessel to 
which it was originally issued, as identified by that vessel's United 
States Coast Guard documentation number.
    (b) [Reserved]

[74 FR 10193, Mar. 10, 2009; 74 FR 11881, Mar. 20, 2009]



Sec. 660.337  Trawl rationalization program - data collection requirements.

    (a) Ownership reporting requirements - (1) In 2010, NMFS will send a 
Trawl Identification of Ownership Interest Form to the current address 
on record requesting information from participants in the trawl fishery. 
Receipt of this form does NOT prequalify these persons for quota share 
nor does it guarantee that they will qualify for quota share under a 
future trawl rationalization program. The following participants in the 
trawl fishery must complete and return the form to NMFS:
    (i) Owners of each limited entry permit endorsed for trawl gear;
    (ii) Owners of each vessel registered to a limited entry permit 
endorsed for trawl gear (i.e., permit holder) if not identical to the 
permit owner covered by paragraph (a)(1)(i) of this section;

[[Page 198]]

    (iii) Owners of each vessel registered to a Pacific whiting vessel 
license that are not covered by paragraphs (a)(1)(i) and (ii) above; and
    (iv) First receivers issued current Pacific whiting first receiver 
exempted fishing permits.
    (2) Supporting documentation.
    (i) Business entities completing the Trawl Identification of 
Ownership Interest Form are required to submit the following:
    (A) A corporate resolution or any other credible documentation as 
proof that the representative of the entity is authoirzed to act on 
behalf of the entity; and
    (B) Proof that the business entity was established and is currently 
recognized as active under the laws of the United States or any state.
    (ii) After review of the Trawl Identification of Ownership Interest 
Form, NMFS may require the following additional documentation:
    (A) Articles of incorporation, a notarized contract, or any other 
credible documentation that identifies each person who owns an interest 
in the entity and their percentage of ownership;
    (B) A certified copy of the current vessel document (United States 
Coast Guard or state) as evidence of vessel ownership; or
    (C) Such other relevant, credible information as the applicant may 
submit, or as the SFD or the Regional Administrator may request or 
require.
    (3) Deadline. Persons listed in paragraph (a)(1) will be provided at 
least 60 calendar days to submit completed forms. All forms must be 
completed and returned to NMFS with a postmark no later than the 
deadline date of May 1, 2010.
    (b) [Reserved]

[75 FR 4689, Jan. 29, 2010]



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 and Pacific whiting vessel license fees.

    (a) 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.
    (b) The Regional Administrator will charge a one-time fee for the 
issuance of the original Pacific whiting vessel license.

[74 FR 10194, Mar. 10, 2009]



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.

[[Page 199]]

    (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 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

[[Page 200]]

    (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 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 harvest 
specifications process (Sec. 660.370), 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.
    (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

[[Page 201]]

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 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; 
68 FR 52523, Sept. 4, 2003; 69 FR 42351, July 15, 2004]



Sec. 660.365  Overfished species rebuilding plans.

    For each overfished groundfish stock with an approved rebuilding 
plan, this section contains the standards to be used to establish annual 
or biennial OYs, specifically the target date for rebuilding the stock 
to its MSY level and the harvest control rule to be used to rebuild the 
stock.The harvest control rule is expressed as a ``Spawning Potential 
Ratio'' or ``SPR'' harvest rate.
    (a) Bocaccio. The target year for rebuilding the southern bocaccio 
stock to BMSY is 2026. The harvest control rule to be used to 
rebuild the southern bocaccio stock is an annual SPR harvest rate of 
77.7 percent.
    (b) Canary rockfish. The target year for rebuilding the canary 
rockfish stock to BMSY is 2021. The harvest control rule to be used to 
rebuild the canary rockfish stock is an annual SPR harvest rate of 88.7 
percent.
    (c) Cowcod. The target year for rebuilding the cowcod stock south of 
Point Conception to BMSY is 2072. The harvest control rule to be used to 
rebuild the cowcod stock is an annual SPR harvest rate of 82.1 percent.
    (d) Darkblotched rockfish. The target year for rebuilding the 
darkblotched rockfish stock to BMSY is 2028. The harvest control rule to 
be used to rebuild the darkblotched rockfish stock is an annual SPR 
harvest rate of 62.1 percent.
    (e) Pacific ocean perch (POP). The target year for rebuilding the 
POP stock to BMSY is 2017. The harvest control rule to be 
used to rebuild the POP stock is an annual SPR harvest rate of 86.4 
percent.
    (f) Widow rockfish. The target year for rebuilding the widow 
rockfish stock to BMSY is 2015. The harvest control rule to 
be used to rebuild the widow rockfish stock is an annual SPR harvest 
rate of 95.0 percent.
    (g) Yelloweye rockfish. The target year for rebuilding the yelloweye 
rockfish stock to BMSY is 2084. The harvest control rule to be used to 
rebuild the yelloweye rockfish stock is an annual SPR harvest rate of 
66.3 percent in 2009 and in 2010. Yelloweye rockfish is subject to a 
ramp-down strategy where the harvest level has been reduced annually 
from 2007 through 2009. Yelloweye rockfish will remain at the 2009 level 
in 2010. Beginning in 2011, yelloweye rockfish will be subject to a 
constant harvest rate strategy with a constant SPR harvest rate of 71.9 
percent.

[71 FR 78655, Dec. 29, 2006, as amended at 74 FR 9887, Mar. 6, 2009]



Sec. 660.370  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. Regulations under this subpart may be promulgated, 
removed, or revised during the fishing year. Any such action will be 
made according to the framework standards and procedures in the PCGFMP 
and other applicable law, and

[[Page 202]]

will be published in the Federal Register.
    (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. Management 
measures will be designed to take into account the co-occurrence ratios 
of target species with overfished species, and will select measures that 
will minimize bycatch to the extent practicable.
    (c) Routine management measures. In addition to the catch 
restrictions in Sec. Sec. 660.371 through 660.373, 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. Routine management measures 
that may be revised during the fishing year via this process are 
implemented in paragraph (h) of this section and in Sec. Sec. 660.371 
through 660.373, Sec. Sec. 660.381 through 660.385 and Tables 3-5 of 
this subpart. Most trip, bag, and size limits, and area closures in the 
groundfish fishery have been designated ``routine,'' which means they 
may be changed rapidly after a single Council meeting. Council meetings 
are held in the months of March, April, June, September, and November. 
Inseason changes to routine management measures are announced in the 
Federal Register pursuant to the requirements of the Administrative 
Procedure Act (APA). Changes to trip limits are effective at the times 
stated in the Federal Register. Once a change is effective, it is 
illegal to take and retain, possess, or land more fish than allowed 
under the new trip limit. This means that, unless otherwise announced in 
the Federal Register, offloading must begin before the time a fishery 
closes or a more restrictive trip limit takes effect. 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, black rockfish, blue 
rockfish, splitnose rockfish, chilipepper 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; Pacific cod; spiny dogfish; 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 paragraphs 
(c)(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.

[[Page 203]]

    (ii) Differential trip landing limits and frequency limits based on 
gear type, closed seasons, and bycatch limits. 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. To achieve 
the rebuilding of an overfished or depleted stock, bycatch limits may be 
established and adjusted to be used to close the primary season for any 
sector of the Pacific whiting fishery described at Sec. 660.373(b), 
before the sector's Pacific whiting allocation is achieved if the 
applicable bycatch limit is reached. Bycatch limit amounts are specified 
at Sec. 660.373(b)(4).
    (iii) Type of limited entry trawl gear on board.Limits on the type 
of limited entry trawl gear on board a vessel may be imposed on a 
biennial or more frequent basis.Requirements and restrictions on limited 
entry trawl gear type are found at Sec. 660.381.
    (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 implemented in any 
fishery that takes groundfish directly or incidentally. Depth-based 
management measures are set using specific boundary lines that 
approximate depth contours with latitude/longitude waypoints found at 
Sec. 660.390-.394. Depth-based management measures and the setting of 
closed areas may be used: to protect and rebuild overfished stocks, to 
prevent the overfishing of any groundfish species by minimizing the 
direct or incidental catch of that species, to minimize the incidental 
harvest of any protected or prohibited species taken in the groundfish 
fishery, to extend the fishing season; for the commercial fisheries, to 
minimize disruption of traditional fishing and marketing patterns; for 
the recreational fisheries, to spread the available catch over a large 
number of anglers; to discourage target fishing while allowing small 
incidental catches to be landed; and to allow small fisheries to operate 
outside the normal season.
    (d) Automatic actions. Automatic management actions may be initiated 
by the NMFS Regional Administrator without prior public notice, 
opportunity to comment, or a Council meeting. These actions are 
nondiscretionary, and the impacts must have been taken into account 
prior to the action. Unless otherwise stated, a single notice will be 
published in the Federal Register making the action effective if good 
cause exists under the APA to waive notice and comment.
    (1) Automatic actions are used in the Pacific whiting fishery to:
    (i) Close sectors of the fishery or to reinstate trip limits in the 
shore-based fishery when a whiting harvest guideline, commercial harvest 
guideline, or a sector's allocation is reached, or is projected to be 
reached;
    (ii) Close all sectors or a single sector of the fishery when a 
bycatch limit is reached or projected to be reached;
    (iii) Reapportion unused Pacific whiting allocation to other sectors 
of the fishery;
    (iv) Reapportion unused bycatch limit species to other sectors of 
the Pacific whiting fishery.
    (v) Implement the Ocean Salmon Conservation Zone, described at

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Sec. 660.373(c)(3), when NMFS projects the Pacific whiting fishery may 
take in excess of 11,000 Chinook within a calendar year,
    (vi) Implement Pacific Whiting Bycatch Reduction Areas, described at 
Sec. 660.373(c)(3), when NMFS projects a sector-specific bycatch limit 
will be reached before the sector's whiting allocation.
    (2) [Reserved]
    (e) Prohibited species. Groundfish species or species groups under 
the PCGFMP for which quotas have been achieved and/or 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.
    (f) Exempted fisheries. U.S. vessels operating under an exempted 
fishing permit (EFP) issued under 50 CFR part 600 are also subject to 
restrictions in Sec. Sec. 660.301 through 660.394, unless otherwise 
provided in the permit. EFPs may include the collecting of scientific 
samples of groundfish species that would otherwise be prohibited for 
retention.
    (g) Applicability. Groundfish species harvested in the territorial 
sea (0-3 nm) will be counted toward the catch limitations in Sec. Sec. 
660.370 through 660.385 and in Tables 1-5 of this subpart.
    (h) Fishery restrictions--(1) Commercial trip limits and 
recreational bag and boat limits. Commercial trip limits and 
recreational bag and boat limits defined in Sec. 660.302 and set in 
Sec. Sec. 660.371 through 660.373, Sec. Sec. 660.381 through 660.385 
and Tables 3-5 of this subpart must not be exceeded.
    (2) Landing. As stated at 50 CFR 660.302 (in the definition of 
``Landing''), once the offloading of any species begins, all fish aboard 
the vessel are counted as part of the landing and must be reported as 
such. Transfer of fish at sea is prohibited under Sec. 660.306(a)(12) 
unless a vessel is participating in the primary whiting fishery as part 
of the mothership or catcher-processor sectors, as described at Sec. 
660.373(a).
    (3) Fishing ahead. Unless the fishery is closed, a vessel that has 
landed its cumulative or daily limit may continue to fish on the limit 
for the next legal period, so long as no fish (including, but not 
limited to, groundfish with no trip limits, shrimp, prawns, or other 
nongroundfish species or shellfish) are landed (offloaded) until the 
next legal period. Fishing ahead is not allowed during or before a 
closed period.
    (4) Weights and percentages. All weights are round weights or round-
weight equivalents unless otherwise specified. Percentages are based on 
round weights, and, unless otherwise specified, apply only to legal fish 
on board.
    (5) Size limits, length measurement, and weight limits--(i) Size 
limits and length measurement. Unless otherwise specified, size limits 
in the commercial and recreational groundfish fisheries apply to the 
``total length,'' which is the longest measurement of the fish without 
mutilation of the fish or the use of force to extend the length of the 
fish. No fish with a size limit may be retained if it is in such 
condition that its length has been extended or cannot be determined by 
these methods. For conversions not listed here, contact the state where 
the fish will be landed.Washington state regulations require all fish 
with a size limit landed into Washington to be landed with the head on.
    (A) Whole fish. For a whole fish, total length is measured from the 
tip of the snout (mouth closed) to the tip of the tail in a natural, 
relaxed position.
    (B) ``Headed'' fish. For a fish with the head removed (``headed''), 
the length is measured from the origin of the first dorsal fin (where 
the front dorsal fin meets the dorsal surface of the body closest to the 
head) to the tip of the upper lobe of the tail; the dorsal fin and tail 
must be left intact.
    (C) Filets. A filet is the flesh from one side of a fish extending 
from the head to the tail, which has been removed from the body (head, 
tail, and backbone) in a single continuous piece. Filet lengths may be 
subject to size limits for some groundfish taken in the recreational 
fishery off California (see Sec. 660.384). A filet is measured along 
the length of the longest part of the filet in a relaxed position; 
stretching or otherwise manipulating the filet to increase its length is 
not permitted.

[[Page 205]]

    (ii) Weight limits and conversions. The weight limit conversion 
factor established by the state where the fish is or will be landed will 
be used to convert the processed weight to round weight for purposes of 
applying the trip limit. Weight conversions provided herein are those 
conversions currently in use by the States of Washington, Oregon and 
California and may be subject to change by those states. Fishery 
participants should contact fishery enforcement officials in the state 
where the fish will be landed to determine that state's official 
conversion factor. To determine the round weight, multiply the processed 
weight times the conversion factor.
    (iii) Sablefish. The following conversion applies to both the 
limited entry and open access fisheries when trip limits are in effect 
for those fisheries. For headed and gutted (eviscerated) sablefish the 
weight conversion factor is 1.6 (multiply the headed and gutted weight 
by 1.6 to determine the round weight).
    (iv) Lingcod. The following conversions apply in both limited entry 
and open access fisheries.
    (A) North of 42[deg] N. lat., for lingcod with the head removed, the 
minimum size limit is 18 inches (46 cm), which corresponds to 22 inches 
(56 cm) total length for whole fish.
    (B) South of 42[deg] N. lat., for lingcod with the head removed, the 
minimum size limit is 19.5 inches (49.5 cm), which corresponds to 24 
inches (61 cm) total length for whole fish.
    (C) The weight conversion factor for headed and gutted lingcod is 
1.5. The conversion factor for lingcod that has only been gutted with 
the head on is 1.1.
    (6) Sorting. Under Sec. 660.306(a)(7), it is unlawful for any 
person to ``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, scientific sorting designation, quota, harvest 
guideline, or OY, if the vessel fished or landed in an area during a 
time when such trip limit, size limit, scientific sorting designation, 
quota, harvest guideline, or OY applied.'' The States of Washington, 
Oregon, and California may also require that vessels record their 
landings as sorted on their state fish tickets. This provision applies 
to both the limited entry and open access fisheries. The following 
species must be sorted:
    (i) For vessels with a limited entry permit:
    (A) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, other fish, longnose 
skate, and Pacific whiting;
    (B) North of 40[deg]10[min] N. lat.--POP, yellowtail rockfish;
    (C) South of 40[deg]10[min] N. lat.--minor shallow nearshore 
rockfish, minor deeper nearshore rockfish, California scorpionfish, 
chilipepper rockfish, bocaccio rockfish, splitnose rockfish, Pacific 
sanddabs, cowcod, bronzespotted rockfish and cabezon.
    (ii) For open access vessels (vessels without a limited entry 
permit):
    (A) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, longnose skate, other 
fish, Pacific whiting, and Pacific sanddabs;
    (B) North of 40[deg]10[min] N. lat.--POP, yellowtail rockfish;
    (C) South of 40[deg]10[min] N. lat.--minor shallow nearshore 
rockfish, minor deeper nearshore rockfish, chilipepper rockfish, 
bocaccio rockfish, splitnose rockfish, cowcod, bronzespotted rockfish 
and cabezon.
    (iii) Sorting requirements for the Pacific whiting shoreside 
fishery. Fish delivered to Pacific whiting shoreside first receivers 
(including shoreside processing facilities and buying stations that 
intend to transport catch for processing elsewhere) must be sorted, 
prior to first weighing after offloading from the

[[Page 206]]

vessel and prior to transport away from the point of landing, to the 
species groups specified in paragraph (h)(6)(i)(A) of this section for 
vessels with limited entry permits. Prohibited species must be sorted 
according to the following species groups: Dungeness crab, Pacific 
halibut, Chinook salmon, Other salmon. Non-groundfish species must be 
sorted as required by the state of landing.
    (7) Operating in both limited entry and open access fisheries. Open 
access trip limits apply to any fishing conducted with open access gear, 
even if the vessel has a valid limited entry permit with an endorsement 
for another type of gear. A vessel that operates in both the open access 
and limited entry fisheries is not entitled to two separate trip limits 
for the same species. If a vessel has a limited entry permit and uses 
open access gear, but the open access limit is smaller than the limited 
entry limit, the open access limit may not be exceeded and counts toward 
the limited entry limit. If a vessel has a limited entry permit and uses 
open access gear, but the open access limit is larger than the limited 
entry limit, the smaller limited entry limit applies, even if taken 
entirely with open access gear.
    (8) ``Crossover provisions,'' operating in north-south management 
areas with different trip limits. NMFS uses different types of 
management areas for West Coast groundfish management. One type of 
management area is the north-south management area, a large ocean area 
with northern and southern boundary lines wherein trip limits, seasons, 
and conservation areas follow a single theme. Within each north-south 
management area, there may be one or more conservation areas, detailed 
in Sec. Sec. 660.302 and 660.390 through 660.394. The provisions within 
this paragraph apply to vessels operating in different north-south 
management areas. Trip limits for a species or a species group may 
differ in different north-south management areas along the coast. The 
following ``crossover'' provisions apply to vessels operating in 
different geographical areas that have different cumulative or ``per 
trip'' trip limits for the same species or species group. Such crossover 
provisions do not apply to species that are subject only to daily trip 
limits, or to the trip limits for black rockfish off Washington (see 
Sec. 660.371).
    (i) Going from a more restrictive to a more liberal area. If a 
vessel takes and retains any groundfish species or species group of 
groundfish in an area where a more restrictive trip limit applies before 
fishing in an area where a more liberal trip limit (or no trip limit) 
applies, then that vessel is subject to the more restrictive trip limit 
for the entire period to which that trip limit applies, no matter where 
the fish are taken and retained, possessed, or landed.
    (ii) Going from a more liberal to a more restrictive area. If a 
vessel takes and retains a groundfish species or species group in an 
area where a higher trip limit or no trip limit applies, and takes and 
retains, possesses or lands the same species or species group in an area 
where a more restrictive trip limit applies, that vessel is subject to 
the more restrictive trip limit for the entire period to which that trip 
limit applies, no matter where the fish are taken and retained, 
possessed, or landed.
    (iii) Operating in two different areas where a species or species 
group is managed with different types of trip limits. During the fishing 
year, NMFS may implement management measures for a species or species 
group that set different types of trip limits (for example, per trip 
limits versus cumulative trip limits) for different areas. If a vessel 
fishes for a species or species group that is managed with different 
types of trip limits in two different areas within the same cumulative 
limit period, then that vessel is subject to the most restrictive 
overall cumulative limit for that species, regardless of where fishing 
occurs.
    (iv) Minor rockfish. Several rockfish species are designated with 
species-specific limits on one side of the 40[deg]10[min] N. lat. 
management line, and are included as part of a minor rockfish complex on 
the other side of the line. A vessel that takes and retains fish from a 
minor rockfish complex (nearshore, shelf, or slope) on both sides of a 
management line during a single cumulative limit

[[Page 207]]

period is subject to the more restrictive cumulative limit for that 
minor rockfish complex during that period.
    (A) If a vessel takes and retains minor slope rockfish north of 
40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess or land splitnose rockfish up to its cumulative limit 
south of 40[deg]10[min] N. lat., even if splitnose rockfish were a part 
of the landings from minor slope rockfish taken and retained north of 
40[deg]10[min] N. lat.
    (B) If a vessel takes and retains minor slope rockfish south of 
40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess or land POP up to its cumulative limit north of 
40[deg]10[min] N. lat., even if POP were a part of the landings from 
minor slope rockfish taken and retained south of 40[deg]10[min] N. lat.
    (C) If a trawl vessel takes and retains minor shelf rockfish south 
of 40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess, or land yellowtail rockfish up to its cumulative limits 
north of 40[deg]10[min] N. lat., even if yellowtail rockfish is part of 
the landings from minor shelf rockfish taken and retained south of 
40[deg]10[min] N. lat. Yellowtail rockfish is included in overall shelf 
rockfish limits for limited entry fixed gear and open access gear 
groups. Widow rockfish is included in overall shelf rockfish limits for 
all gear groups.
    (D) If a trawl vessel takes and retains minor shelf rockfish north 
of 40[deg]10[min] N. lat., that vessel is also permitted to take and 
retain, possess, or land chilipepper rockfish up to its cumulative 
limits south of 40[deg]10[min] N. lat., even if chilipepper rockfish is 
part of the landings from minor shelf rockfish taken and retained north 
of 40[deg]10[min] N. lat.
    (v) ``DTS complex.'' There are often differential trawl trip limits 
for the ``DTS complex'' north and south of latitudinal management lines. 
Vessels operating in the limited entry trawl fishery are subject to the 
crossover provisions in this paragraph when making landings that include 
any one of the four species in the ``DTS complex.''
    (vi) Flatfish complex. There are often differential trip limits for 
the flatfish complex (butter, curlfin, English, flathead, petrale, rex, 
rock, and sand soles, Pacific sanddab, and starry flounder) north and 
south of latitudinal management lines. Vessels operating in the limited 
entry trawl fishery are subject to the crossover provisions in this 
paragraph when making landings that include any one of the species in 
the flatfish complex.

[69 FR 42351, July 15, 2004, as amended at 69 FR 77029, Dec. 23, 2004; 
70 FR 8496, Feb. 17, 2006; 71 FR 15046, Mar. 27, 2006; 71 FR 66140, Nov. 
13, 2006; 71 FR 78655, Dec. 29, 2006; 72 FR 13044, Mar. 20, 2007; 72 FR 
50911, Sept. 5, 2007; 74 FR 9887, Mar. 6, 2009]



Sec. 660.371  Black rockfish fishery management.

    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]09.50[min] N. lat.), and between Destruction 
Island (47[deg]40[min] N. lat.) and Leadbetter Point (46[deg]38.17[min] 
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. These per trip 
limits apply to limited entry and open access fisheries, in conjunction 
with the cumulative trip limits and other management measures in 
Sec. Sec. 660.382 and 660.383. The crossover provisions in Sec. 
660.370(h)(8) do not apply to the black rockfish per-trip limits.

[69 FR 77032, Dec. 23, 2004]



Sec. 660.372  Fixed gear sablefish fishery management.

    This section applies to the primary season for the fixed gear 
limited entry sablefish fishery north of 36[deg] N. lat., except for 
paragraph (c), of this section, which also applies to the open access 
fishery north of 36[deg] N. lat. and to both the limited entry and open 
access fisheries south of 36[deg] N. lat. Limited entry and open access 
fixed gear sablefish fishing outside of the primary sablefish season 
north of 36[deg] N. lat. is governed by routine management measures 
imposed under Sec. 660.370.
    (a) 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

[[Page 208]]

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).
    (b) Primary season limited entry, fixed gear sablefish fishery--(1) 
Season dates. North of 36[deg] N. lat., the primary sablefish season for 
the limited entry, fixed gear, sablefish-endorsed vessels begins at 12 
noon l.t. on April 1 and ends at 12 noon l.t. on October 31, or for an 
individual permit holder when that permit holder's tier limit has been 
reached, whichever is earlier, unless otherwise announced by the 
Regional Administrator through the routine management measures process 
described at Sec. 660.370(c).
    (2) 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) 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.
    (3) Cumulative limits. (i) 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. During the 
primary season, each vessel authorized to participate in that season 
under paragraph (a) 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 this paragraph for the tiers for those permits, except as limited by 
paragraph (b)(3)(ii) 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 (c) of this section. In 2009, the following annual limits are 
in effect: Tier 1 at 61,296 lb (27,803 kg), Tier 2 at 27,862 lb (12,638 
kg), and Tier 3 at 15,921 lb (7,221 kg). For 2010 and beyond, the 
following annual limits are in effect: Tier 1 at 56,081 lb (25,437 kg), 
Tier 2 at 25,492 lb (11,562 kg), and Tier 3 at 14,567 lb (6,648 kg).
    (ii) 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.
    (iii) 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.
    (iv) Incidental halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30[min] N. lat.). No halibut retention is allowed during the 
primary sablefish fishery in 2010.
    (4) Owner-on-board Requirement. Beginning January 1, 2007, any 
person who owns or has ownership interest in a limited entry permit with 
a sablefish endorsement, as described at Sec. 660.334(d), must be on 
board the vessel registered for use with that permit at any time that 
the vessel has sablefish on board the vessel that count toward that 
permit's cumulative sablefish landing limit. This person must carry 
government issued photo identification while aboard the vessel. A permit 
owner is not obligated to be on board the vessel registered for use with 
the sablefish-endorsed limited entry permit during the primary sablefish 
season if:
    (i) The person, partnership or corporation had ownership interest in 
a limited entry permit with a sablefish endorsement prior to November 1, 
2000. A person who has ownership interest in a partnership or 
corporation that owned a sablefish-endorsed permit as of November 1, 
2000, but who did not individually own a sablefish-endorsed limited 
entry permit as of November 1,

[[Page 209]]

2000, is not exempt from the owner-on-board requirement when he/she 
leaves the partnership or corporation and purchases another permit 
individually. A person, partnership, or corporation that is exempt from 
the owner-on-board requirement may sell all of their permits, buy 
another sablefish-endorsed permit within up to a year from the date the 
last permit was approved for transfer, and retain their exemption from 
the owner-on-board requirements. Additionally, a person, partnership, or 
corporation that qualified for the owner-on-board exemption, but later 
divested their interest in a permit or permits, may retain rights to an 
owner-on-board exemption as long as that person, partnership, or 
corporation purchases another permit by March 2, 2007. A person, 
partnership or corporation could only purchase a permit if it has not 
added or changed individuals since November 1, 2000, excluding 
individuals that have left the partnership or corporation, or that have 
died.
    (ii) The person who owns or who has ownership interest in a 
sablefish-endorsed limited entry permit is prevented from being on board 
a fishing vessel because the person died, is ill, or is injured. The 
person requesting the exemption must send a letter to NMFS requesting an 
exemption from the owner-on-board requirements, with appropriate 
evidence as described at Sec. 660.372(b)(4)(ii)(A) or (B). All 
emergency exemptions for death, injury, or illness will be evaluated by 
NMFS and a decision will be made in writing to the permit owner within 
60 calendar days of receipt of the original exemption request.
    (A) Evidence of death of the permit owner shall be provided to NMFS 
in the form of a copy of a death certificate. In the interim before the 
estate is settled, if the deceased permit owner was subject to the 
owner-on-board requirements, the estate of the deceased permit owner may 
send a letter to NMFS with a copy of the death certificate, requesting 
an exemption from the owner-on-board requirements. An exemption due to 
death of the permit owner will be effective only until such time that 
the estate of the deceased permit owner has transferred the deceased 
permit owner's permit to a beneficiary or up to three years after the 
date of death as proven by a death certificate, whichever is earlier. An 
exemption from the owner-on-board requirements will be conveyed in a 
letter from NMFS to the estate of the permit owner and is required to be 
on the vessel during fishing operations.
    (B) Evidence of illness or injury that prevents the permit owner 
from participating in the fishery shall be provided to NMFS in the form 
of a letter from a certified medical practitioner. This letter must 
detail the relevant medical conditions of the permit owner and how those 
conditions prevent the permit owner from being onboard a fishing vessel 
during the primary season. An exemption due to injury or illness will be 
effective only for the calendar year of the request for exemption, and 
will not be granted for more than three consecutive or total years. NMFS 
will consider any exemption granted for less than 12 months in a year to 
count as one year against the 3-year cap. In order to extend an 
emergency medical exemption for a succeeding year, the permit owner must 
submit a new request and provide documentation from a certified medical 
practitioner detailing why the permit owner is still unable to be 
onboard a fishing vessel. An emergency exemption will be conveyed in a 
letter from NMFS to the permit owner and is required to be on the vessel 
during fishing operations.
    (c) Limited entry and open access daily trip limit fisheries both 
north and south of 36[deg] N. lat. (1) Before the start of the primary 
season, all sablefish landings made by a vessel authorized under 
paragraph (a) of this section to participate in the primary season will 
be subject to the restrictions and limits of the limited entry daily 
and/or weekly trip limit fishery for sablefish, which is governed by 
routine management measures imposed under Sec. 660.370(c).
    (2) Following the start of the primary season, all landings made by 
a vessel authorized under paragraph (a) 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

[[Page 210]]

with that vessel. A vessel that is eligible to participate in the 
primary sablefish season may participate in the daily trip limit fishery 
for sablefish once that vessels' primary season sablefish limit(s) have 
been taken, or after the end of the primary season, whichever occurs 
earlier. Any subsequent sablefish landings by that vessel will be 
subject to the restrictions and limits of the limited entry daily and/or 
trip limit fishery for sablefish for the remainder of the calendar year.
    (3) No vessel may land sablefish against both its primary season 
cumulative sablefish limits and against the daily and/or weekly trip 
limit fishery limits within the same 24 hour period of 0001 hours l.t. 
to 2400 hours l.t. If a vessel has taken all of its tier limit except 
for an amount that is smaller than the daily trip limit amount, that 
vessel's subsequent sablefish landings are automatically subject to 
daily and/or weekly trip limits.
    (4) 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 and/or weekly trip limit fishery for as long as 
that fishery is open during the year, subject to routine management 
measures imposed under Sec. 660.370(c). Daily and/or weekly trip limits 
for the limited entry fishery north and south of 36[deg] N. lat. are 
provided in Tables 4 (North) and 4 (South) of this subpart.
    (5) 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 Sec. 
660.370(c). Daily and/or weekly trip limits for the open access fishery 
north and south of 36[deg] N. lat. are provided in Tables 5 (North) and 
5 (South) of this subpart.
    (d) 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 Sec. 660.370(c). 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 Sec. 660.370(c). Trip limits may 
be imposed in the open-access fishery at any time under Sec. 
660.370(c).

[69 FR 42352, July 15, 2004, as amended at 69 FR 77032, Dec. 23, 2004; 
70 FR 16149, Mar. 30, 2005; 70 FR 23045, May 4, 2005; 71 FR 10624, Mar. 
2, 2006; 71 FR 24604, Apr. 26, 2006; 71 FR 78656, Dec. 29, 2006; 74 FR 
9888, Mar. 6, 2009; 74 FR 19013, Apr. 27, 2009; 75 FR 23617, May 4, 
2010]



Sec. 660.373  Pacific whiting (whiting) fishery management.

    (a) Sectors. In order for a vessel to participate in a particular 
whiting fishery sector after May 11, 2009, that vessel must be 
registered for use with a sector-specific Pacific whiting vessel license 
under Sec. 660.336.
    (1) The catcher/processor sector is composed of catcher/processors, 
which are vessels that harvest and process whiting during a calendar 
year.
    (2) The mothership sector is composed of motherships and catcher 
vessels that harvest whiting for delivery to motherships. Motherships 
are vessels that process, but do not harvest, whiting during a calendar 
year.
    (3) The shore-based sector is composed of vessels that harvest 
whiting for delivery to Pacific whiting shoreside first receivers. 
Notwithstanding the other provisions of 50 CFR Part 660, subpart G, a 
vessel that is 75 feet or less LOA that harvests whiting and, in 
addition to heading and gutting, cuts the tail off and freezes the 
whiting, is not considered to be a catcher/processor nor is it 
considered to be processing fish. Such a vessel is considered a 
participant in the shorebased whiting sector, and is subject to 
regulations and allocations for that sector.
    (b) Seasons. The primary seasons for the whiting fishery are: For 
the shore-based sector, the period(s) when the large-scale target 
fishery is conducted (when trip limits under paragraph (b) of this 
section are not in effect); for catcher/processors, the period(s) when 
at-sea processing is allowed and the fishery is open for the catcher/
processor sector; and for vessels delivering to motherships, the 
period(s) when at-sea processing is allowed and the fishery is open for 
the mothership sector. Before and after the primary seasons, trip 
landing or frequency limits may be

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imposed under Sec. 660.370(c). The sectors are defined at Sec. 
660.370(a).
    (1) 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.
    (i) 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.
    (ii) 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.
    (iii) Primary whiting seasons. After the start of a primary season 
for a sector of the whiting fishery, the season remains open for that 
sector until the quota is taken or a bycatch limit is reached and the 
fishery season for that sector is closed by NMFS. The starting dates for 
the primary seasons for the whiting fishery are as follows:
    (A) Catcher/processor sector--May 15.
    (B) Mothership sector--May 15.
    (C) Shore-based sector
    (1) North of 42[deg] N. lat.--June 15;
    (2) Between 42[deg]-40[deg]30[min] N. lat.--April 1; and
    (3) South of 40[deg]30[min] N. lat.--April 15.
    (2) South of 40[deg]30[min] N. lat. The primary season starts on 
April 15 south of 40[deg]30[min] N. lat.
    (3) Trip limits in the whiting fishery. The ``per trip'' limit for 
whiting before and after the regular (primary) season for the shore-
based sector is announced in Table 3 of this subpart, and is a routine 
management measure under Sec. 660.370(c). This trip limit includes any 
whiting caught shoreward of 100-fm (183-m) in the Eureka, CA area.The 
``per trip'' limit for other groundfish species before, during, and 
after the regular (primary) season are announced in Table 3 (North) and 
Table 3 (South) of this subpart and apply as follows:
    (i) During the groundfish cumulative limit periods both before and 
after the primary whiting season, vessels may use either small and/or 
large footrope gear, but are subject to the more restrictive trip limits 
for those entire cumulative periods.
    (ii) If, during a primary whiting season, a whiting vessel harvests 
a groundfish species other than whiting for which there is a midwater 
trip limit, then that vessel may also harvest up to another footrope-
specific limit for that species during any cumulative limit period that 
overlaps the start or end of the primary whiting season.
    (4) Bycatch limits in the whiting fishery. The bycatch limits for 
the whiting fishery may be established, adjusted, and used inseason to 
close a sector or sectors of the whiting fishery to achieve the 
rebuilding of an overfished or depleted stock. These limits are routine 
management measures under Sec. 660.370(c) and, as such, may be adjusted 
inseason or may have new species added to the list of those with bycatch 
limits. Closure of a sector or sectors when a bycatch limit is projected 
to be reached is an automatic action under Sec. 660.370(d).
    (i) The whiting fishery bycatch limit is apportioned among the 
sectors identified in paragraph (a) of this section based on the same 
percentages used to allocate whiting among the sectors, established in 
Sec. 660.323(a). The sector specific bycatch limits are: for catcher/
processors 4.8 mt of canary rockfish, 95 mt of widow rockfish, and 8.5 
mt of darkblotched rockfish; for motherships 3.3 mt of canary rockfish, 
67 mt of widow rockfish, and 6.0 mt of darkblotched rockfish; and for 
shore-based 5.9 mt of canary rockfish, 117 mt of widow rockfish, and 
10.5 mt of darkblotched rockfish.

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    (ii) The Regional Administrator may make available for harvest to 
the other sectors of the whiting fishery identified in Sec. 660.323, 
the amounts of a sector's bycatch limit species remaining when a sector 
is closed because its whiting allocation or a bycatch limit has been 
reached or is projected to be reached. The remaining bycatch limit 
species shall be redistributed in proportion to each sector's initial 
whiting allocation. When considering redistribution of bycatch limits 
between the sectors of the whiting fishery, the Regional Administrator 
will take into consideration the best available data on total projected 
fishing impacts on the bycatch limit species, as well as impacts on 
other groundfish species.
    (iii) If a bycatch limit is reached or is projected to be reached, 
the following action, applicable to the sector may be taken.
    (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. 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. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the mothership 
sector.
    (C) Shore-based sector. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the shore-
based sector except as authorized under a trip limit specified under 
Sec. 660.370(c).
    (iv) The Regional Administrator will announce in the Federal 
Register when a bycatch limit is reached, or is projected to be reached, 
specifying the action being taken as specified under paragraph (b)(4) of 
this section. The Regional Administrator will announce in the Federal 
Register any reapportionment of bycatch limit species. In order to 
prevent exceeding the bycatch limits or to avoid underutilizing the 
Pacific whiting resource, prohibitions against further taking and 
retaining, receiving, or at-sea processing of whiting, or 
reapportionment of bycatch limits species may be made effective 
immediately by actual notice to fishers and processors, by e-mail, 
Internet (http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-
Management/Whiting-Management/index.cfm), phone, fax, letter, press 
release, and/or USCG Notice to Mariners (monitor channel 16 VHF), 
followed by publication in the Federal Register.
    (c) Closed areas. Pacific whiting may not be taken and retained in 
the following portions of the fishery management area:
    (1) Klamath River Salmon Conservation Zone. The ocean area 
surrounding the Klamath River mouth bounded on the north by 
41[deg]38.80[min] 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]26.80[min] N. lat. 
(approximately 6 nm south of the Klamath River mouth).
    (2) 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]13.30[min] W. long., then southerly along a line of 167 True to 
46[deg]11.10[min] 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.
    (3) Ocean Salmon Conservation Zone. All waters shoreward of a 
boundary line approximating the 100 fm (183 m) depth contour. Latitude 
and longitude coordinates defining the boundary line approximating the 
100 fm (183 m) depth contour are provided at Sec. 660.393(a). This 
closure will be implemented through automatic action, defined at 
660.370(d), when NMFS projects the Pacific whiting fishery may take in 
excess of 11,000 Chinook within a calendar year.
    (4) Pacific Whiting Bycatch Reduction Areas. Vessels using limited 
entry midwater trawl gear during the primary whiting season may be 
prohibited from fishing shoreward of a boundary

[[Page 213]]

line approximating the 75-fm (137-m), 100-fm (183-m) or 150-fm (274-m) 
depth contours. Latitude and longitude coordinates for the boundary 
lines approximating the depth contours are provided at Sec. 660.393(a). 
Closures may be implemented inseason for a sector(s) through automatic 
action, defined at Sec. 660.370(d), when NMFS projects that a sector 
will exceed a bycatch limit specified for that sector before the 
sector's whiting allocation is projected to be reached.
    (d) Eureka area trip limits. Trip landing or frequency limits may be 
established, modified, or removed under Sec. 660.370 or Sec. 660.373, 
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 00[min] to 40 30[min] N. lat.). Unless otherwise 
specified, no more than 10,000 lb (4,536 kg) of whiting 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 
fm (183 m) contour (as shown on NOAA Charts 18580, 18600, and 18620) in 
the Eureka management area (defined at Sec. 660.302).
    (e) 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 (i) of this section.
    (f) 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.
    (g) 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 (g)(1) 
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.]
    (1) Conditions. Conditions for participating in the voluntary full 
utilization program are as follows:
    (i) All catch must be made available to the observers for sampling 
before it is sorted by the crew.
    (ii) Any retained catch in excess of cumulative trip limits must 
either be: Converted to meal, mince, or oil products, which may then be 
sold; or 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.
    (iii) 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.
    (iv) The vessel operator must contact the NMFS enforcement office 
nearest

[[Page 214]]

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 www.nwr.noaa.gov.
    (v) 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.
    (vi) Prohibited species may not be retained.
    (vii) 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.
    (h) Additional restrictions on catcher/processors. (1) 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 (h)(3) of 
this section.
    (2) A catcher/processor may not also act as a catcher vessel 
delivering unprocessed whiting to another processor in the same calendar 
year.
    (3) When renewing its limited entry permit each year under Sec. 
660.335, 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 be made by the permit 
holder and granted in writing by the Regional Administrator before any 
unprocessed whiting has been taken on board the vessel that calendar 
year.
    (i) 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:
    (1) 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).
    (2) The amount of whole whiting on board does not exceed the trip 
limit (if any) allowed under Sec. 660.370(c).
    (3) 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.
    (4) The vessel does not receive codends containing fish.

[[Page 215]]

    (5) The vessel's operations are consistent with applicable state and 
Federal law, including those governing disposal of fish waste at sea.
    (j) Additional requirements for participants in the Pacific Whiting 
Shoreside fishery--(1) Pacific whiting shoreside first receiver 
responsibilities--(i) Weights and measures. All groundfish weights 
reported on fish tickets must be recorded from scales with appropriate 
weighing capacity that ensures accuracy for the amount of fish being 
weighed. For example: amounts of fish less than 1,000 lb (454 kg) should 
not be weighed on scales that have an accuracy range of 1,000 lb-7,000 
lb (454 - 3,175 kg) and are therefore not capable of accurately weighing 
amounts less than 1,000 lb (454 kg).
    (ii) Electronic fish tickets--(A) Hardware and software 
requirements. First receivers using the electronic fish ticket software 
provided by Pacific States Marine Fish Commission are required to meet 
the hardware and software requirements below. Those whiting first 
receivers who have NMFS-approved software compatible with the standards 
specified by Pacific States Marine Fish Commission for electronic fish 
tickets are not subject to any specific hardware or software 
requirements.
    (1) A personal computer with Pentium 75-MHz or higher. Random Access 
Memory (RAM) must have sufficient megabyte (MB) space to run the 
operating system, plus an additional 8 MB for the software application 
and available hard disk space of 217 MB or greater. A CD-ROM drive with 
a Video Graphics Adapter(VGA) or higher resolution monitor (super VGA is 
recommended).
    (2) Microsoft Windows 2000 (64 MB or greater RAM required), Windows 
XP (128 MB or greater RAM required) or later operating system.
    (3) Microsoft Access 2003 or newer for:
    (i) NMFS Approved Software Standards and Internet Access.
    The Pacific whiting shoreside first receiver is responsible for 
obtaining, installing and updating electronic fish tickets software 
either provided by Pacific States Marine Fish Commission, or compatible 
with the data export specifications specified by Pacific States Marine 
Fish Commission and for maintaining internet access sufficient to 
transmit data files via email. Requests for data export specifications 
can be submitted to: Attn: Frank Lockhart, National Marine Fisheries 
Service, Northwest Region Sustainable Fisheries Division, 7600 Sand 
Point Way NE, Seattle, WA 98115, or via email to 
[email protected].
    (ii) Maintenance. The Pacific whiting shoreside first receiver is 
responsible for ensuring that all hardware and software required under 
this subsection are fully operational and functional whenever the 
Pacific whiting primary season deliveries are accepted.
    (2) Pacific whiting shoreside first receivers and processors that 
receive groundfish species other than Pacific whiting in excess of trip 
limits from Pacific whiting shoreside vessels fishing under an EFP 
issued by the Assistant Regional Administrator are authorized to possess 
the catch.
    (3) Vessel owners and operators, first receivers, or shoreside 
processor owners, or managers may contact NMFS in writing to request 
assistance in improving data quality and resolving monitoring issues. 
Requests may be submitted to: Attn: Frank Lockhart, National Marine 
Fisheries Service, Northwest Region Sustainable Fisheries Division, 7600 
Sand Point Way NE, Seattle, WA 98115, or via email to 
[email protected].

[69 FR 42353, July 15, 2004]

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



Sec. 660.380  Groundfish harvest specifications.

    Fishery specifications include ABCs, the designation of OYs (which 
may be represented by harvest guidelines (HGs) or quotas for species 
that need individual management,) and the allocation of commercial OYs 
between the open access and limited entry segments of the fishery. These 
specifications include fish caught in state ocean waters (0-3 nm 
offshore) as well as fish caught in the EEZ (3-200 nm offshore). 
Specifications and management measures

[[Page 216]]

are provided as Tables 1a and 1b, and 2a and 2b of this subpart.

[69 FR 77033, Dec. 23, 2004]



Sec. 660.381  Limited entry trawl fishery management measures.

    (a) General. Limited entry trawl vessels include those vessels 
registered to a limited entry permit with a trawl endorsement. Most 
species taken in limited entry trawl fisheries will be managed with 
cumulative trip limits (see trip limits in Tables 3 (North) and 3 
(South) of this subpart), size limits (see Sec. 660.370 (h)(5)), 
seasons (see Pacific whiting at Sec. 660.373), gear restrictions (see 
paragraph (b) of this section) and closed areas (see paragraph (d) of 
this section and Sec. Sec. 660.390 through 660.399). The trawl fishery 
has gear requirements and trip limits that differ by the type of trawl 
gear on board and the area fished. Cowcod retention is prohibited in all 
fisheries and groundfish vessels operating south of Point Conception 
must adhere to CCA restrictions (see paragraph (d)(1) of this section 
and Sec. 660.390). The trip limits in Table 3 (North) and Table 3 
(South) of this subpart apply to vessels participating in the limited 
entry groundfish trawl fishery and may not be exceeded. Federal 
commercial groundfish regulations are not intended to supersede any more 
restrictive state commercial groundfish regulations relating to 
federally-managed groundfish.
    (b) Trawl gear requirements and restrictions. Trawl nets may be 
fished with or without otter boards, and may use warps or cables to herd 
fish.
    (1) Codends. Only single-walled codends may be used in any trawl. 
Double-walled codends are prohibited.
    (2) Mesh size. Groundfish trawl gear must meet the minimum mesh size 
requirements in this paragraph. Mesh size requirements apply throughout 
the net. Minimum trawl mesh sizes are: bottom trawl, 4.5 inches (11.4 
cm); midwater trawl, 3.0 inches (7.6 cm). Minimum trawl mesh size 
requirements are met if a 20-gauge stainless steel wedge, 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.
    (3) Chafing gear. Chafing gear may encircle no more than 50 percent 
of the net[min]s circumference. No section of chafing gear may be longer 
than 50 meshes of the net to which it is attached. Chafing gear may be 
used only on the last 50 meshes, measured from the terminal (closed) end 
of the codend. Except at the corners, the terminal end of each section 
of chafing gear on all trawl 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) Large footrope trawl gear. Large footrope gear is bottom trawl 
gear 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). Fishing with bottom trawl gear with a footrope 
diameter greater than 19 inches (48 cm) (including rollers, bobbins, or 
other material encircling or tied along the length of the footrope) is 
prohibited anywhere in EFH within the EEZ, as defined by latitude/
longitude coordinates at Sec. 660.395.
    (5) Small footrope trawl gear. Small footrope gear is bottom trawl 
gear with a footrope diameter of 8 inches (20 cm) or smaller (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope). Other lines or ropes that run parallel to the footrope 
may not be augmented with material encircling or tied along their length 
such that they have a diameter larger than 8 inches (20 cm). 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.
    (i) Selective flatfish trawl gear is a type of small footrope trawl 
gear. The selective flatfish trawl net must be a two-seamed net with no 
more than two riblines, excluding the codend. The breastline may not be 
longer than 3 ft (0.92 m) in length. There may be no floats along the 
center third of the headrope or attached to the top panel except on the 
riblines. The footrope must be less than 105 ft (32.26 m) in length. The 
headrope must be not less

[[Page 217]]

than 30 percent longer than the footrope. An explanatory diagram of a 
selective flatfish trawl net is provided as Figure 1 of part 660, 
subpart G.
    (ii) [Reserved]
    (6) Midwater (or pelagic) trawl gear. Midwater trawl gear must have 
unprotected footropes at the trawl mouth, and must not have rollers, 
bobbins, tires, wheels, rubber discs, or any similar device anywhere on 
any part of the net. The footrope of midwater gear may not be enlarged 
by encircling it with chains or by any other means. Ropes or lines 
running parallel to the footrope of midwater trawl gear must be bare and 
may not be suspended with chains or any other materials. Sweep lines, 
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) Cumulative trip limits and prohibitions by limited entry trawl 
gear type. Management measures may vary depending on the type of trawl 
gear (i.e., large footrope, small footrope, selective flatfish, or 
midwater trawl gear) used and/or on board a vessel during a fishing 
trip, cumulative limit period, and the area fished. Trawl nets may be 
used on and off the seabed. For some species or species groups, Table 3 
(North) and Table 3 (South) provide cumulative and/or trip limits that 
are specific to different types of trawl gear: large footrope, small 
footrope (including selective flatfish), selective flatfish, midwater, 
and multiple types. If Table 3 (North) and Table 3 (South) provide gear 
specific limits for a particular species or species group, it is 
unlawful to take and retain, possess or land that species or species 
group with limited entry trawl gears other than those listed.
    (1) Large footrope trawl gear. It is unlawful for any vessel using 
large footrope gear to fish for groundfish shoreward of the RCAs defined 
at paragraph (d) of this section and at Sec. Sec. 660.390 through 
660.394. The use of large footrope gear is permitted seaward of the RCAs 
coastwide.
    (2) Small footrope trawl gear. North of 40[deg]10[min] N. lat., it 
is unlawful for any vessel using small footrope gear (except selective 
flatfish gear) to fish for groundfish or have small footrope trawl gear 
(except selective flatfish gear) onboard while fishing shoreward of the 
RCA defined at paragraph (d) of this section and at Sec. Sec. 660.390 
through 660.394. South of 40[deg]10[min] N. lat., small footrope gear is 
required shoreward of the RCA. Small footrope gear is permitted seaward 
of the RCA coastwide.
    (i) North of 40[deg]10[min] N. lat., selective flatfish gear is 
required shoreward of the RCA defined at paragraph (d) of this section 
and at Sec. Sec. 660.390 through 660.394. South of 40[deg]10[min] N. 
lat., selective flatfish gear is permitted, but not required, shoreward 
of the RCA. The use of selective flatfish trawl gear is permitted 
seaward of the RCA coastwide.
    (ii) [Reserved]
    (3) Midwater trawl gear. North of 40[deg]10[min] N. lat., midwater 
trawl gear is permitted only for vessels participating in the primary 
Pacific whiting fishery (for details on the Pacific whiting fishery see 
Sec. 660.373). South of 40[deg]10[min] N. lat., the use of midwater 
trawl gear is prohibited shoreward of the RCA and permitted seaward of 
the RCA.
    (4) More than one type of trawl gear on board. The cumulative trip 
limits in Table 3 (North) or Table 3 (South) of this subpart must not be 
exceeded.
    (i) The following restrictions apply to vessels operating north of 
40[deg]10[min] N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have both 
bottom trawl gear and midwater trawl gear onboard simultaneously. A 
vessel may have more than one type of limited entry bottom trawl gear on 
board, either simultaneously or successively, during a cumulative limit 
period.
    (B) If a vessel fishes exclusively with large or small footrope 
trawl gear during an entire cumulative limit period, the vessel is 
subject to the small or large footrope trawl gear cumulative

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limits and that vessel must fish seaward of the RCA during that limit 
period.
    (C) If a vessel fishes exclusively with selective flatfish trawl 
gear during an entire cumulative limit period, then the vessel is 
subject to the selective flatfish trawl gear cumulative limits during 
that limit period, regardless of whether the vessel is fishing shoreward 
or seaward of the RCA.
    (D) If more than one type of bottom trawl gear (selective flatfish, 
large footrope, or small footrope) is on board, either simultaneously or 
successively, at any time during a cumulative limit period, then the 
most restrictive cumulative limit associated with the bottom trawl gear 
on board during that cumulative limit period applies for the entire 
cumulative limit period, regardless of whether the vessel is fishing 
shoreward or seaward of the RCA.
    (E) If a vessel fishes both north and south of 40[deg]10[min] N. 
lat. with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover provisions 
at Sec. 660.370(h)(8).)
    (F) Midwater trawl gear is allowed only for vessels participating in 
the primary whiting season.
    (ii) The following restrictions apply to vessels operating south of 
40[deg]10[min] N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have both 
bottom trawl gear and midwater trawl gear onboard simultaneously. A 
vessel may not have small footrope trawl gear and any other type of 
bottom trawl gear onboard simultaneously.
    (B) For vessels using more than one type of trawl gear during a 
cumulative limit period, limits are additive up to the largest limit for 
the type of gear used during that period. (Example: If a vessel harvests 
300 lb (136 kg) of chilipepper rockfish with small footrope gear, it may 
harvest up to 11,700 lb (5,209 kg) of chilipepper rockfish with large 
footrope gear during July and August 2007, because the largest 
cumulative limit for chilipepper rockfish during that period is 12,000 
lb (5,443 kg)for large footrope gear.)
    (C) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover provisions 
at Sec. 660.370(h)(8).)
    (d) Groundfish Conservation Areas (GCAs) applicable to trawl 
vessels. A GCA, a type of closed area, is a geographic area defined by 
coordinates expressed in degrees of latitude and longitude. The latitude 
and longitude coordinates of the GCA boundaries are specified at 
Sec. Sec. 660.390 through 660.394. A vessel that is fishing within a 
GCA listed in this paragraph (d) with trawl gear authorized for use 
within a GCA may not have any other type of trawl gear on board the 
vessel. The following GCAs apply to vessels participating in the limited 
entry trawl fishery. Additional closed areas that specifically apply to 
the Pacific whiting fisheries are described at Sec. 660.373(c).
    (1) Cowcod Conservation Areas (CCAs). Vessels using limited entry 
trawl gear are prohibited from fishing within the CCAs. See Sec. 
660.390 for the coordinates that define the CCAs. Limited entry trawl 
vessels may transit through the Western CCA with their gear stowed and 
groundfish on board only in a corridor through the Western CCA bounded 
on the north by the latitude line at 33[deg]00.50[min] N. lat., and 
bounded on the south by the latitude line at 32[deg]59.50[min] N. lat. 
It is unlawful to take and retain, possess, or land groundfish within 
the CCAs, except as authorized in this paragraph, when those waters are 
open to fishing.
    (2) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. (See Sec. 660.390)
    (3) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks as 
defined by

[[Page 219]]

specific latitude and longitude coordinates at Sec. 660.390.
    (4) Trawl rockfish conservation areas. The trawl RCAs are closed 
areas, defined by specific latitude and longitude coordinates which are 
specified at Sec. Sec. 660.390 through 660.394. Boundaries for the 
trawl RCAs applicable to groundfish trawl vessels throughout the year 
are provided in the header to Table 3 (North) and Table 3 (South) of 
this subpart and may be modified by NMFS inseason pursuant to Sec. 
660.370(c).
    (i) It is unlawful to operate a vessel with trawl gear onboard 
within the trawl RCA, except for the purpose of continuous transiting, 
or when the use of trawl gear is authorized in this section. It is 
lawful to fish with groundfish trawl gear within the trawl RCA only 
under the following conditions: vessels fishing with mid-water trawl 
gear on Pacific whiting trips during the primary whiting season, 
provided a valid declaration report has been filed with NMFS OLE, as 
required at Sec. 660.303(d); and vessels fishing with demersal seine 
gear between 38[deg] N. lat. and 36[deg] N. lat. shoreward of a boundary 
line approximating the 100 fm (183 m) depth contour as defined at Sec. 
660.393, provided a valid declaration report has been filed.
    (ii) Trawl vessels may transit through an applicable GCA, with or 
without groundfish on board, provided all groundfish trawl gear is 
stowed either: below deck; or if the gear cannot readily be moved, in a 
secured and covered manner, detached from all towing lines, so that it 
is rendered unusable for fishing; or remaining on deck uncovered if the 
trawl doors are hung from their stanchions and the net is disconnected 
from the doors. These restrictions do not apply to vessels fishing with 
midwater trawl gear for whiting during a primary season.
    (iii) It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry trawl gear within the trawl RCA, unless 
otherwise authorized in this section.
    (iv) If a vessel fishes in the trawl RCA, it may not participate in 
any fishing on that trip that is prohibited within the trawl RCA. [For 
example, if a vessel participates in the pink shrimp fishery within the 
RCA, the vessel cannot on the same trip participate in the DTS fishery 
seaward of the RCA.] Nothing in these Federal regulations supercedes any 
state regulations that may prohibit trawling shoreward of the fishery 
management area (3-200 nm).
    (5) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec. 660.395 through 660.399, 
where specified types of fishing are prohibited in accordance with Sec. 
660.306. EFHCAs apply to vessels using bottom trawl gear or to vessels 
using ``bottom contact gear,'' which is defined at Sec. 660.302 to 
include bottom trawl gear, among other gear types.
    (i) The following EFHCAs apply to vessels operating within the West 
Coast EEZ with bottom trawl gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters of 
depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec. 660.395 and Sec. 
660.396.
    (B) Shoreward of a boundary line approximating the 100-fm (183 m) 
depth contour.Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as defined 
by specific latitude and longitude coordinates at Sec. 660.393.
    (C) EFHCAs for all bottom trawl gear. Fishing with bottom trawl gear 
is prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. 660.397 - .398: Olympic 2, 
Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, Astoria Canyon, 
Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/Nelson Island, 
Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater off Coos Bay, 
Bandon High Spot, Rogue Canyon.
    (D) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with bottom trawl gear except demersal seine gear (defined at 
Sec. 660.302) is prohibited within the following EFHCAs, which are 
defined by specific latitude and longitude coordinates at Sec. 660.399: 
Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada Canyon,

[[Page 220]]

Tolo Bank, Point Arena North, Point Arena South Biogenic Area, Cordell 
Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, 
Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East 
San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod 
Conservation Area West), Catalina Island, Potato Bank (within Cowcod 
Conservation Area West), Cherry Bank (within Cowcod Conservation Area 
West), and Cowcod EFH Conservation Area East.
    (ii) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear, including bottom trawl gear is 
prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. Sec. 660.398 through 
660.399: Thompson Seamount, President Jackson Seamount, Cordell Bank (50 
fm (91 m) isobath), Harris Point, Richardson Rock, Scorpion, Painted 
Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk Point, 
Footprint, Gull Island, South Point, and Santa Barbara. Fishing with 
bottom contact gear is also prohibited within the Davidson Seamount EFH 
Area, which is defined with specific latitude and longitude coordinates 
at Sec. 660.395.

[69 FR 77033, Dec. 23, 2004, as amended at 70 FR 16149, Mar. 30, 2005; 
70 FR 23045, May 4, 2005; 71 FR 78657, Dec. 29, 2006; 72 FR 69171, Dec. 
7, 2007; 74 FR 9889, Mar. 6, 2009]



Sec. 660.382  Limited entry fixed gear fishery management measures.

    (a) General.Most species taken in limited entry fixed gear (longline 
and pot/trap) fisheries will be managed with cumulative trip limits (see 
trip limits in Tables 4 (North) and 4 (South) of this subpart), size 
limits (see Sec. 660.370(h)(5)), seasons (see trip limits in Tables 4 
(North) and 4 (South) of this subpart and primary sablefish season 
details in Sec. 660.372(b)), gear restrictions (see paragraph (b) of 
this section), and closed areas (see paragraph (c) of this section and 
Sec. Sec. 660.390 through 660.399). Cowcod retention is prohibited in 
all fisheries and groundfish vessels operating south of Point Conception 
must adhere to CCA restrictions (see paragraph (c)(4) of this section 
and Sec. 660.390). Yelloweye rockfish and canary rockfish retention is 
prohibited in the limited entry fixed gear fisheries. Regulations 
governing and tier limits for the limited entry, fixed gear primary 
sablefish season north of 36[deg] N. lat. are found in Sec. 660.372. 
Vessels not participating in the primary sablefish season are subject to 
daily or weekly sablefish limits in addition to cumulative limits for 
each cumulative limit period. Only one sablefish landing per week may be 
made in excess of the daily trip limit and, if the vessel chooses to 
make a landing in excess of that daily trip limit, then that is the only 
sablefish landing permitted for that week. The trip limit for black 
rockfish caught with hook-and-line gear also applies, see Sec. 660.371. 
The trip limits in Table 4 (North) and Table 4 (South) of this subpart 
apply to vessels participating in the limited entry groundfish fixed 
gear fishery and may not be exceeded. Federal commercial groundfish 
regulations are not intended to supersede any more restrictive state 
commercial groundfish regulations relating to federally-managed 
groundfish.
    (b) Gear Restrictions--(1) General. The following types of fishing 
gear are authorized in the limited entry fixed gear fishery, with the 
restrictions set forth in this section: longline and pot or trap. 
Vessels participating in the limited entry fixed gear fishery may also 
fish with open access gear subject to the gear restrictions at Sec. 
660.383(b), but will be subject to the most restrictive trip limits for 
the gear used as specified at Sec. 660.370(h)(7).
    (2) Limited entry fixed gear. (i) Fixed gear (longline, trap or pot) 
must be:
    (A) Marked at the surface, at each terminal end, with a pole, flag, 
light, radar reflector, and a buoy.
    (B) Attended at least once every 7 days.
    (ii) A buoy used to mark fixed gear under paragraph (b)(2)(i)(A) of 
this section must be marked with a number clearly identifying the owner 
or operator of the vessel. The number may be either:
    (A) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or

[[Page 221]]

    (B) The vessel documentation number issued by the USCG, or, for an 
undocumented vessel, the vessel registration number issued by the state.
    (3) 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.
    (c) Groundfish Conservation Areas applicable to limited entry fixed 
gear vessels. A GCA, a type of closed area, is a geographic area defined 
by coordinates expressed in degrees of latitude and longitude. The 
latitude and longitude coordinates of the GCA boundaries are specified 
at Sec. Sec. 660.390 through 660.394. A vessel that is authorized by 
this paragraph to fish within a GCA (e.g. fishing for ``other flatfish'' 
using no more than 12 hooks, ``Number 2'' or smaller), may not 
simultaneously have other gear on board the vessel that is unlawful to 
use for fishing within the GCA. The following GCAs apply to vessels 
participating in the limited entry fixed gear fishery.
    (1) North Coast Recreational Yelloweye Rockfish Conservation Area. 
The latitude and longitude coordinates of the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390. The North Coast Recreational YRCA is designated as an 
area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (2) North Coast Commercial Yelloweye Rockfish Conservation Area. The 
latitude and longitude coordinates of the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390.Fishing with limited entry fixed gear is prohibited within 
the North Coast Commercial YRCA.It is unlawful to take and retain, 
possess, or land groundfish taken with limited entry fixed gear within 
the North Coast Commercial YRCA.Limited entry fixed gear vessels may 
transit through the North Coast Commercial YRCA with or without 
groundfish on board.
    (3) South Coast Recreational Yelloweye Rockfish Conservation Area. 
The latitude and longitude coordinates of the South Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390.The South Coast Recreational YRCA is designated as an area 
to be avoided (a voluntary closure) by commercial fixed gear fishers.
    (4) Westport Offshore Recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec. 660.390. The Westport Offshore 
Recreational YRCA is designated as an area to be avoided (a voluntary 
closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates of 
the Point St. George YRCA boundaries are specified at Sec. 660.390. 
Fishing with limited entry fixed gear is prohibited within the Point St. 
George YRCA, on dates when the closure is in effect. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the Point St. George YRCA, on dates when the closure 
is in effect. The closure is not in effect at this time, and commercial 
fishing for groundfish is open within the Point St. George YRCA from 
January 1 through December 31. This closure may be imposed through 
inseason adjustment. Limited entry fixed gear vessels may transit 
through the Point St. George YRCA, at any time, with or without 
groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec. 660.390. Fishing with 
limited entry fixed gear is prohibited within the South Reef YRCA, on 
dates when the closure is in effect. It is unlawful to take and retain, 
possess, or land groundfish taken with limited entry fixed gear within 
the South Reef YRCA, on dates when the closure is in effect. The closure 
is not in effect at this time, and commercial fishing for groundfish is 
open within the South Reef YRCA from January 1 through December 31. This 
closure may be imposed through inseason adjustment. Limited entry fixed 
gear vessels may transit through the South Reef YRCA, at any time, with 
or without groundfish on board.

[[Page 222]]

    (7) Reading Rock YRCA. The latitude and longitude coordinates of the 
Reading Rock YRCA boundaries are specified at Sec. 660.390. Fishing 
with limited entry fixed gear is prohibited within the Reading Rock 
YRCA, on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with limited entry fixed gear 
within the Reading Rock YRCA, on dates when the closure is in effect. 
The closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Reading Rock YRCA from January 1 through 
December 31. This closure may be imposed through inseason adjustment. 
Limited entry fixed gear vessels may transit through the Reading Rock 
YRCA, at any time, with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec. 660.390. Fishing with limited entry fixed gear is prohibited 
within the Point Delgada (North) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry fixed gear within the Point Delgada (North) 
YRCA, on dates when the closure is in effect. The closure is not in 
effect at this time, and commercial fishing for groundfish is open 
within the Point Delgada (North) YRCA from January 1 through December 
31. This closure may be imposed through inseason adjustment. Limited 
entry fixed gear vessels may transit through the Point Delgada (North) 
YRCA, at any time, with or without groundfish on board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec. 660.390. Fishing with limited entry fixed gear is prohibited 
within the Point Delgada (South) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry fixed gear within the Point Delgada (South) 
YRCA, on dates when the closure is in effect. The closure is not in 
effect at this time, and commercial fishing for groundfish is open 
within the Point Delgada (South) YRCA from January 1 through December 
31. This closure may be imposed through inseason adjustment. Limited 
entry fixed gear vessels may transit through the Point Delgada (South) 
YRCA, at any time, with or without groundfish on board.
    (10) Cowcod Conservation Areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.390.It is unlawful to take and retain, possess, 
or land groundfish within the CCAs, except for species authorized in 
this paragraph caught according to gear requirements in this paragraph, 
when those waters are open to fishing. Commercial fishing vessels may 
transit through the Western CCA with their gear stowed and groundfish on 
board only in a corridor through the Western CCA bounded on the north by 
the latitude line at 33[deg]00.50[min] N. lat., and bounded on the south 
by the latitude line at 32[deg]59.50[min] N. lat.Fishing with limited 
entry fixed gear is prohibited within the CCAs, except as follows:
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: when using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1 lb (0.45 kg) weights per line; and 
provided a valid declaration report as required at Sec. 660.303(d) has 
been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report as required at 
Sec. 660.303(d) has been filed with NMFS OLE.
    (11) Non-trawl Rockfish Conservation Areas (RCA). The non-trawl RCAs 
are closed areas, defined by specific latitude and longitude coordinates 
(specified at Sec. Sec. 660.390 through 660.394) designed to 
approximate specific depth contours, where fishing for groundfish with 
non-trawl gear is prohibited. Boundaries for the non-trawl RCA 
throughout the year are provided in the header to Table 4 (North) and 
Table 4 (South) of this subpart and may be modified by NMFS inseason 
pursuant to Sec. 660.370(c).
    (i) It is unlawful to operate a vessel with limited entry non-trawl 
gear in

[[Page 223]]

the non-trawl RCA, except for the purpose of continuous transit, or when 
the use of limited entry non-trawl gear is authorized in Part 660. It is 
unlawful to take and retain, possess, or land groundfish taken with 
limited entry non-trawl gear within the non-trawl RCA, unless otherwise 
authorized in Part 660.
    (ii) Limited entry non-trawl vessels may transit through the non-
trawl RCA, with or without groundfish on board, provided all groundfish 
non-trawl gear is stowed either: below deck; or if the gear cannot 
readily be moved, in a secured and covered manner, detached from all 
lines, so that it is rendered unusable for fishing.
    (iii) The non-trawl RCA restrictions in this section apply to 
vessels registered to fixed gear limited entry permits fishing for 
species other than groundfish with non-trawl gear on trips where 
groundfish species are retained. Unless otherwise authorized by Part 
660, a vessel may not retain any groundfish taken on a fishing trip for 
species other than groundfish that occurs within the non-trawl RCA. If a 
vessel fishes in a non-groundfish fishery in the non-trawl RCA, it may 
not participate in any fishing for groundfish on that trip that is 
prohibited within the non-trawl RCA. [For example, if a vessel 
participates in the salmon troll fishery within the RCA, the vessel 
cannot on the same trip participate in the sablefish fishery outside of 
the RCA.]
    (iv) It is lawful to fish within the non-trawl RCA with limited 
entry fixed gear only under the following conditions: when fishing for 
``other flatfish'' off California (between 42[deg] N. lat. south to the 
U.S./Mexico border) using no more than 12 hooks, ``Number 2'' or 
smaller, which measure no more than 11 mm (0.44 inches) point to shank, 
and up to two 1-lb (0.91 kg) weights per line when trip limits authorize 
such fishing, provided a valid declaration report as required at Sec. 
660.303(d) has been filed with NMFS OLE.
    (12) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
permitted around the Farallon Islands using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45-kg) weights per line. (See 
Table 4 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec. 660.390.
    (13) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100 fm (183 m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec. 
660.390.An exception to this prohibition is that commercial fishing for 
``other flatfish'' is permitted around Cordell Banks using no more than 
12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm 
(0.44 inches) point to shank, and up to two 1-lb (0.45-kg) weights per 
line.
    (14) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec. 660.396 through 660.399, 
where specified types of fishing are prohibited in accordance with Sec. 
660.306. EFHCAs apply to vessels using ``bottom contact gear,'' which is 
defined at Sec. 660.302 to include limited entry fixed gear (longline 
and pot/trap,) among other gear types. Fishing with all bottom contact 
gear, including longline and pot/trap gear, is prohibited within the 
following EFHCAs, which are defined by specific latitude and longitude 
coordinates at Sec. 660.398 and Sec. 660.399: Thompson Seamount, 
President Jackson Seamount, Cordell Bank (50 fm (91 m) isobath), Harris 
Point, Richardson Rock, Scorpion, Painted Cave, Anacapa Island, 
Carrington Point, Judith Rock, Skunk Point, Footprint, Gull Island, 
South Point, and Santa Barbara. Fishing with bottom contact gear is also 
prohibited within the Davidson Seamount EFH Area, which is defined by 
specific latitude and longitude coordinates at Sec. 660.395.

[69 FR 77035, Dec. 23, 2004, as amended at 71 FR 24604, Apr. 26, 2006; 
71 FR 78657, Dec. 29, 2006; 72 FR 69172, Dec. 7, 2007; 74 FR 9889, Mar. 
6, 2009]

[[Page 224]]



Sec. 660.383  Open access fishery management measures.

    (a) General. Groundfish species taken in open access fisheries will 
be managed with cumulative trip limits (see trip limits in Tables 5 
(North) and 5 (South) of this subpart), size limits (see Sec. 
660.370(h)(5)), seasons (see seasons in Tables 5 (North) and 5 (South) 
of this subpart), gear restrictions (see paragraph (b) of this section), 
and closed areas (see paragraph (c) of this section and Sec. Sec. 
660.390 through 660.399).Unless otherwise specified, a vessel operating 
in the open access fishery is subject to, and must not exceed any trip 
limit, frequency limit, and/or size limit for the open access fishery. 
Cowcod retention is prohibited in all fisheries and groundfish vessels 
operating south of Point Conception must adhere to CCA restrictions (see 
paragraph (c)(5) of this section and Sec. 660.390).Retention of 
yelloweye rockfish and canary rockfish is prohibited in all open access 
fisheries.For information on the open access daily/weekly trip limit 
fishery for sablefish, see Sec. 660.372(c) and the trip limits in 
Tables 5 (North) and 5 (South) of this subpart.Open access vessels are 
subject to daily or weekly sablefish limits in addition to cumulative 
limits for each cumulative limit period.Only one sablefish landing per 
week may be made in excess of the daily trip limit and, if the vessel 
chooses to make a landing in excess of that daily trip limit, then that 
is the only sablefish landing permitted for that week. The trip limit 
for black rockfish caught with hook-and-line gear also applies, see 
Sec. 660.371.The trip limits in Table 5 (North) and Table 5 (South) of 
this subpart apply to vessels participating in the open access fisheries 
and may not be exceeded. Federal commercial groundfish regulations are 
not intended to supersede any more restrictive state commercial 
groundfish regulations relating to federally managed groundfish.
    (b) Gear restrictions. Open access gear is gear used to take and 
retain groundfish from a vessel that is not registered for use with a 
limited entry permit for the Pacific Coast groundfish fishery with an 
endorsement for the gear used to harvest the groundfish. This includes 
longline, trap, pot, hook-and-line (fixed or mobile), setnet (anchored 
gillnet or trammel net, which are permissible south of 38[deg] N. lat. 
only), spear and non-groundfish trawl gear (trawls used to target non-
groundfish species:pink shrimp or ridgeback prawns, and, south of Pt. 
Arena, CA (38[deg]57.50[min] N. lat.), California halibut or sea 
cucumbers). Restrictions for gears used in the open access fisheries are 
as follows:
    (1) Non-groundfish trawl gear. Non-groundfish trawl gear is any 
trawl gear other than limited entry groundfish trawl gear as described 
at Sec. 660.381(b) and as defined at Sec. 660.302 for trawl vessels 
with limited entry groundfish permits. Non-groundfish trawl gear is 
generally trawl gear used to target pink shrimp, ridgeback prawn, 
California halibut and sea cucumber. Non-groundfish trawl gear is exempt 
from the limited entry trawl gear restrictions at Sec. 660.381(b). 
Fishing with bottom trawl gear with a footrope diameter greater than 19 
inches (48 cm) (including rollers, bobbins, or other material encircling 
ro tied along the length of the footrope) is prohibited anywhere in EFH 
within the EEZ, as defined by latitude/longitude coordinates at Sec. 
660.395.
    (2) Fixed gear. (i) Fixed gear (longline, trap or pot, set net and 
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be:
    (A) Marked at the surface, at each terminal end, with a pole, flag, 
light, radar reflector, and a buoy except as provided in paragraph 
(b)(2)(ii) of this section.
    (B) Attended at least once every 7 days.
    (ii) 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.
    (iii) A buoy used to mark fixed gear under paragraph (b)(2)(i)(A) or 
(b)(2)(ii) of this section must be marked with a number clearly 
identifying the owner or operator of the vessel. The number may be 
either:

[[Page 225]]

    (A) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or
    (B) The vessel documentation number issued by the USCG, or, for an 
undocumented vessel, the vessel registration number issued by the state.
    (3) Set nets. Fishing for groundfish with set nets is prohibited in 
the fishery management area north of 38[deg]00.00[min] N. lat.
    (4) 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.
    (5) Spears. Spears may be propelled by hand or by mechanical means.
    (c) Groundfish Conservation Areas Affecting Open Access Vessels. A 
GCA, a type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g. fishing for 
``other flatfish'' using no more than 12 hooks, ``Number 2'' or 
smaller), may not simultaneously have other gear on board the vessel 
that is unlawful to use for fishing within the GCA. The following GCAs 
apply to vessels participating in the open access groundfish fishery.
    (1) North Coast Recreational Yelloweye Rockfish Conservation Area. 
The latitude and longitude coordinates of the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390. The North Coast Recreational YRCA is designated as an 
area to be avoided (a voluntary closure) by commercial fixed gear 
fishers.
    (2) North Coast Commercial Yelloweye Rockfish Conservation Area. The 
latitude and longitude coordinates of the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390. Fishing with open access gear is prohibited within the 
North Coast Commercial YRCA.It is unlawful to take and retain, possess, 
or land groundfish taken with open access gear within the North Coast 
Commercial YRCA.Open access vessels may transit through the North Coast 
Commercial YRCA with or without groundfish on board.
    (3) South Coast Recreational Yelloweye Rockfish Conservation Area. 
The latitude and longitude coordinates of the South Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at 
Sec. 660.390.The South Coast Recreational YRCA is designated as an area 
to be avoided (a voluntary closure) by commercial fixed gear fishers.
    (4) Westport Offshore Recreational YRCA. The latitude and longitude 
coordinates that define the Westport Offshore Recreational YRCA 
boundaries are specified at Sec. 660.390. The Westport Offshore 
Recreational YRCA is designated as an area to be avoided (a voluntary 
closure) by commercial fixed gear fishers.
    (5) Point St. George YRCA. The latitude and longitude coordinates of 
the Point St. George YRCA boundaries are specified at Sec. 660.390. 
Fishing with open access gear is prohibited within the Point St. George 
YRCA, on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the Point St. George YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time, and commercial fishing for 
groundfish is open within the Point St. George YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment. Open access vessels may transit through the Point St. George 
YRCA, at any time, with or without groundfish on board.
    (6) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec. 660.390. Fishing with 
open access gear is prohibited within the South Reef YRCA, on dates when 
the closure is in effect. It is unlawful to take and retain, possess, or 
land groundfish taken with open access gear within the South Reef YRCA, 
on dates when the closure is in effect. The closure is not in effect at 
this time, and commercial fishing for groundfish is open within the 
South Reef YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment. Open access gear vessels may 
transit through the South Reef YRCA, at any

[[Page 226]]

time, with or without groundfish on board.
    (7) Reading Rock YRCA. The latitude and longitude coordinates of the 
Reading Rock YRCA boundaries are specified at Sec. 660.390. Fishing 
with open access gear is prohibited within the Reading Rock YRCA, on 
dates when the closure is in effect. It is unlawful to take and retain, 
possess, or land groundfish taken with open access gear within the 
Reading Rock YRCA, on dates when the closure is in effect. The closure 
is not in effect at this time, and commercial fishing for groundfish is 
open within the Reading Rock YRCA from January 1 through December 31. 
This closure may be imposed through inseason adjustment. Open access 
gear vessels may transit through the Reading Rock YRCA, at any time, 
with or without groundfish on board.
    (8) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec. 660.390. Fishing with open access gear is prohibited within the 
Point Delgada (North) YRCA, on dates when the closure is in effect. It 
is unlawful to take and retain, possess, or land groundfish taken with 
open access gear within the Point Delgada (North) YRCA, on dates when 
the closure is in effect. The closure is not in effect at this time, and 
commercial fishing for groundfish is open within the Point Delgada 
(North) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment. Open access gear vessels may 
transit through the Point Delgada (North) YRCA, at any time, with or 
without groundfish on board.
    (9) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec. 660.390. Fishing with open access gear is prohibited within the 
Point Delgada (South) YRCA, on dates when the closure is in effect. It 
is unlawful to take and retain, possess, or land groundfish taken with 
open access gear within the Point Delgada (South) YRCA, on dates when 
the closure is in effect. The closure is not in effect at this time, and 
commercial fishing for groundfish is open within the Point Delgada 
(South) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment. Open access gear vessels may 
transit through the Point Delgada (South) YRCA, at any time, with or 
without groundfish on board.
    (10) Salmon Troll Yelloweye Rockfish Conservation Area.The latitude 
and longitude coordinates of the Salmon Troll Yelloweye Rockfish 
Conservation Area (YRCA) boundaries are specified in the groundfish 
regulations at Sec. 660.390 and in the salmon regulations at Sec. 
660.405.Fishing with salmon troll gear is prohibited within the Salmon 
Troll YRCA.It is unlawful for commercial salmon troll vessels to take 
and retain, possess, or land fish taken with salmon troll gear within 
the Salmon Troll YRCA.Open access vessels may transit through the Salmon 
Troll YRCA with or without fish on board.
    (11) Cowcod Conservation Areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.390.It is unlawful to take and retain, possess, 
or land groundfish within the CCAs, except for species authorized in 
this paragraph caught according to gear requirements in this paragraph, 
when those waters are open to fishing.Commercial fishing vessels may 
transit through the Western CCA with their gear stowed and groundfish on 
board only in a corridor through the Western CCA bounded on the north by 
the latitude line at 33[deg]00.50[min] N. lat., and bounded on the south 
by the latitude line at 32[deg]59.50[min] N. lat.Fishing with open 
access gear is prohibited in the CCAs, except as follows:
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: when using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1 lb (0.45 kg) weights per line; and 
provided a valid declaration report as required at Sec. 660.303(d) has 
been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report

[[Page 227]]

as required at Sec. 660.303(d) has been filed with NMFS OLE.
    (12) Non-trawl Rockfish Conservation Areas for the open access 
fisheries. The non-trawl RCAs are closed areas, defined by specific 
latitude and longitude coordinates (specified at Sec. Sec. 660.390 
through 660.394) designed to approximate specific depth contours, where 
fishing for groundfish with non-trawl gear is prohibited. Boundaries for 
the non-trawl RCA throughout the year are provided in the open access 
trip limit tables, Table 5 (North) and Table 5(South) of this subpart 
and may be modified by NMFS inseason pursuant to Sec. 660.370(c).
    (i) It is unlawful to operate a vessel in the non-trawl RCA that has 
non-trawl gear onboard and is not registered to a limited entry permit 
on a trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ, or land groundfish taken in the EEZ, except for 
the purpose of continuous transiting, or when the use of non-trawl gear 
is authorized in part 660.
    (ii) On any trip on which a groundfish species is taken with non-
trawl open access gear and retained, the open access non-trawl vessel 
may transit through the non-trawl RCA only if all groundfish non-trawl 
gear is stowed either: below deck; or if the gear cannot readily be 
moved, in a secured and covered manner, detached from all lines, so that 
it is rendered unusable for fishing.
    (iii) The non-trawl RCA restrictions in this section apply to 
vessels taking and retaining or possessing groundfish in the EEZ, or 
landing groundfish taken in the EEZ. Unless otherwise authorized by Part 
660, a vessel may not retain any groundfish taken on a fishing trip for 
species other than groundfish that occurs within the non-trawl RCA. If a 
vessel fishes in a non-groundfish fishery in the non-trawl RCA, it may 
not participate in any fishing for groundfish on that trip that is 
prohibited within the non-trawl RCA. [For example, if a vessel 
participates in the salmon troll fishery within the RCA, the vessel 
cannot on the same trip participate in the sablefish fishery outside of 
the RCA.]
    (iv) Fishing for ``other flatfish'' off California (between 42[deg] 
N. lat. south to the U.S./Mexico border) is permitted within the non-
trawl RCA with fixed gear only under the following conditions: when 
using no more than 12 hooks, ``Number 2'' or smaller, which measure no 
more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.91 
kg) weights per line when trip limits authorize such fishing; and 
provided a valid declaration report as required at Sec. 660.303(d) has 
been filed with NMFS OLE.
    (13) Non-groundfish Trawl Rockfish Conservation Areas for the open 
access non-groundfish trawl fisheries. The non-groundfish trawl RCAs are 
closed areas, defined by specific latitude and longitude coordinates 
(specified at Sec. Sec. 660.390 through 660.394) designed to 
approximate specific depth contours, where fishing for groundfish with 
non-trawl gear is prohibited. Boundaries for the non-trawl RCA 
throughout the year are provided in the open access trip limit tables, 
Table 5 (North) and Table 5 (South) of this subpart and may be modified 
by NMFS inseason pursuant to Sec. 660.370(c).
    (i) It is unlawful to operate in the non-groundfish trawl RCA with 
non-groundfish trawl gear onboard, except for the purpose of continuous 
transiting, or when the use of trawl gear is authorized in part 660. It 
is unlawful to take and retain, possess, or land groundfish taken with 
non-groundfish trawl gear within the non-trawl RCA, unless otherwise 
authorized in part 660.
    (ii) Non-groundfish trawl vessels may transit through the non-
groundfish trawl RCA, with or without groundfish on board, provided all 
non-groundfish trawl gear is stowed either: below deck; or if the gear 
cannot readily be moved, in a secured and covered manner, detached from 
all towing lines, so that it is rendered unusable for fishing; or 
remaining on deck uncovered if the trawl doors are hung from their 
stanchions and the net is disconnected from the doors.
    (iii) The non-groundfish trawl RCA restrictions in this section 
apply to

[[Page 228]]

vessels taking and retaining or possessing groundfish in the EEZ, or 
landing groundfish taken in the EEZ. Unless otherwise authorized by Part 
660, it is unlawful for a vessel to retain any groundfish taken on a 
fishing trip for species other than groundfish that occurs within the 
non-groundfish trawl RCA. If a vessel fishes in a non-groundfish fishery 
in the non-groundfish trawl RCA, it may not participate in any fishing 
on that trip that is prohibited within the non-groundfish trawl RCA. 
[For example, if a vessel participates in the pink shrimp fishery within 
the RCA, the vessel cannot on the same trip participate in the DTS 
fishery seaward of the RCA.] Nothing in these Federal regulations 
supercedes any state regulations that may prohibit trawling shoreward of 
the fishery management area (3-200 nm).
    (iv) It is lawful to fish with non-groundfish trawl gear within the 
non-groundfish trawl RCA only under the following conditions:
    (A) Pink shrimp trawling is permitted in the non-groundfish trawl 
RCA when a valid declaration report as required at Sec. 660.303(d) has 
been filed with NMFS OLE. Groundfish caught with pink shrimp trawl gear 
may be retained anywhere in the EEZ and are subject to the limits in 
Table 5 (North) and Table 5 (South) of this subpart.
    (B) When the shoreward line of the trawl RCA is shallower than 100 
fm (183 m), vessels using ridgeback prawn trawl gear south of 
34[deg]27.00[min] N. lat. may operate out to the 100 fm (183 m) boundary 
line specified at Sec. 660.393 when a valid declaration report as 
required at Sec. 660.303(d) has been filed with NMFS OLE. Groundfish 
caught with ridgeback prawn trawl gear are subject to the limits in 
Table 5 (North) and Table 5 (South) of this subpart.
    (14) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
permitted around the Farallon Islands using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1 lb (0.45 kg) weights per line.(See Table 
5 (South) of this subpart.) For a definition of the Farallon Islands, 
see Sec. 660.390.
    (15) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec. 
660.390.An exception to this prohibition isthat commercial fishing for 
``other flatfish'' is permitted around Cordell Banks using no more than 
12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm 
(0.44 inches) point to shank, and up to two 1 lb (0.45 kg) weights per 
line.
    (16) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec. 660.396 through 660.399, 
where specified types of fishing are prohibited in accordance with Sec. 
660.306. EFHCAs apply to vessels using bottom trawl gear and or vessels 
using ``bottom contact gear,'' which is defined at Sec. 660.302 and 
includes, but is not limited to: beam trawl, bottom trawl, dredge, fixed 
gear, set net, demersal seine, dinglebar gear, and other gear (including 
experimental gear) designed or modified to make contact with the bottom.
    (i) The following EFHCAs apply to vessels operating within the West 
Coast EEZ with bottom trawl gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters of 
depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec. 660.395 and Sec. 
660.396.
    (B) Shoreward of a boundary line approximating the 100-fm (183-m) 
depth contour. Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as defined 
by specific latitude and longitude coordinates at Sec. 660.393.
    (C) EFHCAs for all bottom trawl gear. Fishing with all bottom trawl 
gear is prohibited within the following EFHCAs, which are defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.397 
through 660.398: Olympic 2,

[[Page 229]]

Biogenic 1, Biogenic 2, Grays Canyon, Biogenic 3, Astoria Canyon, 
Nehalem Bank/Shale Pile, Siletz Deepwater, Daisy Bank/Nelson Island, 
Newport Rockpile/Stonewall Bank, Heceta Bank, Deepwater off Coos Bay, 
Bandon High Spot, Rogue Canyon.
    (ii) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with all bottom trawl gear except demersal seine gear (defined 
at Sec. 660.302) is prohibited within the following EFHCAs, which are 
defined by specific latitude and longitude coordinates at Sec. 660.399: 
Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada Canyon, Tolo 
Bank, Point Arena North, Point Arena South Biogenic Area, Cordell Bank/
Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon Bay, Monterey 
Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, East San Lucia 
Bank, Point Conception, Hidden Reef/Kidney Bank (within Cowcod 
Conservation Area West), Catalina Island, Potato Bank (within Cowcod 
Conservation Area West), Cherry Bank (within Cowcod Conservation Area 
West), and Cowcod EFH Conservation Area East.
    (iii) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear is prohibited within the 
following EFHCAs, which are defined by specific latitude and longitude 
coordinates at Sec. Sec. 660.398-.399: Thompson Seamount, President 
Jackson Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, 
Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington 
Point, Judith Rock, Skunk Point, Footprint, Gull Island, South Point, 
and Santa Barbara. Fishing with bottom contact gear is also prohibited 
within the Davidson Seamount EFH Area, which is defined by specific 
latitude and longitude coordinates at Sec. 660.395.
    (d) Groundfish taken with non-groundfish trawl gear by vessels 
engaged in fishing for ridgeback prawns, California halibut, or sea 
cucumbers. Trip limits for groundfish retained in the ridgeback prawn, 
California halibut, or sea cucumber fisheries are in the open access 
trip limit table, Table 5 (South) of this subpart. The table also 
generally describes the RCAs for vessels participating in these 
fisheries.
    (1) Participation in the ridgeback prawn fishery. A trawl vessel 
will be considered participating in the ridgeback prawn fishery if:
    (i) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660.333 for trawl gear; and
    (ii) The landing includes ridgeback prawns taken in accordance with 
California Fish and Game Code, section 8595, which states: ``Prawns or 
shrimp may be taken for commercial purposes with a trawl net, subject to 
Article 10 (commencing with Section 8830) of Chapter 3.''
    (2) Participation in the California halibut fishery. A trawl vessel 
will be considered participating in the California halibut fishery if:
    (i) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660.333 for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. Arena, CA 
(38[deg]57.50[min] N. lat.); and
    (iii) The landing includes California halibut of a size required by 
California Fish and Game Code section 8392(a), which states: ``No 
California halibut may be taken, possessed or sold which measures less 
than 22 in (56 cm) in total length, unless it weighs 4 lb (1.8144 kg) or 
more in the round, 3 and one-half lbs (1.587 kg) or more dressed with 
the head on, or 3 lbs (1.3608 kg) or more dressed with the head off. 
Total length means the shortest distance between the tip of the jaw or 
snout, whichever extends farthest while the mouth is closed, and the tip 
of the longest lobe of the tail, measured while the halibut is lying 
flat in natural repose, without resort to any force other than the 
swinging or fanning of the tail.''
    (3) Participation in the sea cucumber fishery. A trawl vessel will 
be considered to be participating in the sea cucumber fishery if:
    (i) It is not registered to a valid Federal limited entry groundfish 
permit issued under Sec. 660.333 for trawl gear;
    (ii) All fishing on the trip takes place south of Pt. Arena, CA 
(38[deg]57.50[min] N. lat.); and
    (iii) The landing includes sea cucumbers taken in accordance with 
California Fish and Game Code, section

[[Page 230]]

8405, which requires a permit issued by the State of California.
    (e) Groundfish taken with non-groundfish trawl gear by vessels 
engaged in fishing for pink shrimp. Trip limits for groundfish retained 
in the pink shrimp fishery are in Tables 5 (North) and 5 (South) of this 
subpart. Notwithstanding Sec. 660.370(h)(7), a vessel that takes and 
retains pink shrimp and also takes and retains groundfish in either the 
limited entry or another open access fishery during the same applicable 
cumulative limit period that it takes and retains pink shrimp (which may 
be 1 month or 2 months, depending on the fishery and the time of year), 
may retain the larger of the two limits, but only if the limit(s) for 
each gear or fishery are not exceeded when operating in that fishery or 
with that gear. The limits are not additive; the vessel may not retain a 
separate trip limit for each fishery.

[69 FR 77036, Dec. 23, 2004, as amended at 70 FR 38599, July 5, 2005; 70 
FR 65862, Nov. 1, 2005; 71 FR 8497, Feb. 17, 2006; 71 FR 24605, Apr. 26, 
2006; 71 FR 78658, Dec. 29, 2006; 72 FR 69173, Dec. 7, 2007; 74 FR 9890, 
Mar. 6, 2009]



Sec. 660.384  Recreational fishery management measures.

    (a) General. Federal recreational groundfish regulations are not 
intended to supersede any more restrictive state recreational groundfish 
regulations relating to federally-managed groundfish. The bag limits 
include fish taken in both state and Federal waters.
    (b) Gear restrictions. The only types of fishing gear authorized for 
recreational fishing are hook-and-line and spear. Spears may be 
propelled by hand or by mechanical means. More fishery-specific gear 
restrictions may be required by state as noted in paragraph (c) of this 
section (e.g. California's recreational ``other flatfish'' fishery).
    (c) State-specific recreational fishery management measures. Federal 
recreational groundfish regulations are not intended to supersede any 
more restrictive State recreational groundfish regulations relating to 
federally-managed groundfish. Off the coast of Washington, Oregon, and 
California, boat limits apply, whereby each fisher aboard a vessel may 
continue to use angling gear until the combined daily limits of 
groundfish for all licensed and juvenile anglers aboard has been 
attained (additional state restrictions on boat limits may apply).
    (1) Washington. For each person engaged in recreational fishing off 
the coast of Washington, the groundfish bag limit is 15 groundfish per 
day, including rockfish and lingcod, and is open year-round (except for 
lingcod). In the Pacific halibut fisheries, retention of groundfish is 
governed in part by annual management measures for Pacific halibut 
fisheries, which are published in the Federal Register. South of 
Leadbetter Point, WA to the Washington/Oregon border, when Pacific 
halibut are onboard the vessel, no groundfish may be taken and retained, 
possessed or landed, except sablefish and Pacific cod. The following 
sublimits and closed areas apply:
    (i) Recreational Groundfish Conservation Areas off Washington. (A) 
North Coast Recreational Yelloweye Rockfish Conservation Area. 
Recreational fishing for groundfish and halibut is prohibited within the 
North Coast Recreational Yelloweye Rockfish Conservation Area (YRCA).It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land groundfish taken with recreational gear within the 
North Coast Recreational YRCA.A vessel fishing in the North Coast 
Recreational YRCA may not be in possession of any 
groundfish.Recreational vessels may transit through the North Coast 
Recreational YRCA with or without groundfish on board.The North Coast 
Recreational YRCA is defined by latitude and longitude coordinates 
specified at Sec. 660.390.
    (B) South Coast Recreational Yelloweye Rockfish Conservation 
Area.Recreational fishing for groundfish and halibut is prohibited 
within the South Coast Recreational YRCA.It is unlawful for recreational 
fishing vessels to take and retain, possess, or land groundfish taken 
with recreational gear within the South Coast Recreational YRCA.A vessel 
fishing in the South Coast Recreational YRCA may not be in possession of 
any groundfish.Recreational vessels may transit through the South Coast 
Recreational YRCA with or without groundfish on board.The South Coast 
Recreational YRCA is defined by

[[Page 231]]

latitude and longitude coordinates specified at Sec. 660.390.
    (C) Westport Offshore Recreational Yelloweye Rockfish Conservation 
Area. Recreational fishing for groundfish and halibut is prohibited 
within the Westport Offshore Recreational YRCA. It is unlawful for 
recreational fishing vessels to take and retain, possess, or land 
groundfish taken with recreational gear within the Westport Offshore 
Recreational YRCA. A vessel fishing in the Westport Offshore 
Recreational YRCA may not be in possession of any groundfish. 
Recreational vessels may transit through the Westport Offshore 
Recreational YRCA with or without groundfish on board. The Westport 
Offshore Recreational YRCA is defined by latitude and longitude 
coordinates specified at Sec. 660.390.
    (D) Recreational Rockfish Conservation Area. Fishing for groundfish 
with recreational gear is prohibited within the recreational RCA. It is 
unlawful to take and retain, possess, or land groundfish taken with 
recreational gear within the recreational RCA.A vessel fishing in the 
recreational RCA may not be in possession of any groundfish. [For 
example, if a vessel participates in the recreational salmon fishery 
within the RCA, the vessel cannot be in possession of groundfish while 
in the RCA. The vessel may, however, on the same trip fish for and 
retain groundfish shoreward of the RCA on the return trip to port.]
    (1) Between the U.S. border with Canada and the Queets River, 
recreational fishing for groundfish is prohibited seaward of a boundary 
line approximating the 20-fm (37-m) depth contour from May 21 through 
September 30, except on days when the Pacific halibut fishery is open in 
this area. Days open to Pacific halibut recreational fishing off 
Washington are announced on the NMFS hotline at (206) 526-6667 or (800) 
662-9825. Coordinates for the boundary line approximating the 20-fm (37-
m) depth contour are listed in Sec. 660.391.
    (2) Between the Queets River and Leadbetter Point, recreational 
fishing for groundfish is prohibited seaward of a boundary line 
approximating the 30-fm (55-m) depth contour from March 15 through June 
15, except that recreational fishing for sablefish and Pacific cod is 
permitted within the recreational RCA from May 1 through June 15, and on 
days that the primary halibut fishery is open lingcod may be taken, 
retained and possessed seaward of the boundary line approximating the 
30-fm (55-m) depth contour. Days open to Pacific halibut recreational 
fishing off Washington are announced on the NMFS hotline at (206) 526-
6667 or (800) 662-9825. Retention of lingcod seaward of the boundary 
line approximating the 30-fm (55-m) depth contour south of 46[deg]58' N. 
lat. is prohibited on Fridays and Saturdays from July 1 through August 
31. For additional regulations regarding the Washington recreational 
lingcod fishery, see paragraph (c)(1)(iii) of this section. Coordinates 
for the boundary line approximating the 30-fm (55-m) depth contour are 
listed in Sec. 660.391.
    (ii) Rockfish. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing, there is a 10 rockfish per day 
bag limit. Taking and retaining canary rockfish and yelloweye rockfish 
is prohibited.
    (iii) Lingcod. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing and when the recreational season 
for lingcod is open, there is a bag limit of 2 lingcod per day, which 
may be no smaller than 22 in (56 cm) total length. The recreational 
fishing season for lingcod is open as follows:
    (A) Between the U.S./Canada border to 48[deg]10[min] N. lat. (Cape 
Alava) (Washington Marine Area 4), recreational fishing for lingcod is 
open, for 2009, from April 16 through October 15, and for 2010, from 
April 16 through October 15.
    (B) Between 48[deg]10[min] N. lat. (Cape Alava) and 46[deg]16[min] 
N. lat. (Washington/Oregon border) (Washington Marine Areas 1-3), 
recreational fishing for lingcod is open for 2009, from March 14 through 
October 17, and for 2010, from March 13 through October 16.
    (2) Oregon--(i) Recreational Groundfish Conservation Areas off 
Oregon.(A) Stonewall Bank Yelloweye Rockfish Conservation 
Area.Recreational fishing for groundfish and halibut is prohibited 
within the Stonewall Bank YRCA. It is unlawful for recreational fishing 
vessels to take and retain, possess, or land

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groundfish taken with recreational gear within the Stonewall Bank YRCA.A 
vessel fishing in the Stonewall Bank YRCA may not be in possession of 
any groundfish.Recreational vessels may transit through the Stonewall 
Bank YRCA with or without groundfish on board.The Stonewall Bank YRCA is 
defined by latitude and longitude coordinates specified at Sec. 
660.390.
    (B) Recreational Rockfish Conservation Area. Fishing for groundfish 
with recreational gear is prohibited within the recreational RCA, a type 
of closed area or GCA. It is unlawful to take and retain, possess, or 
land groundfish taken with recreational gear within the recreational 
RCA. A vessel fishing in the recreational RCA may not be in possession 
of any groundfish. [For example, if a vessel participates in the 
recreational salmon fishery within the RCA, the vessel cannot be in 
possession of groundfish while in the RCA. The vessel may, however, on 
the same trip fish for and retain groundfish shoreward of the RCA on the 
return trip to port.] Off Oregon, from April 1 through September 30, 
recreational fishing for groundfish is prohibited seaward of a 
recreational RCA boundary line approximating the 40 fm (73 m) depth 
contour. Coordinates for the boundary line approximating the 40 fm (73 
m) depth contour are listed at Sec. 660.391.
    (C) Essential Fish Habitat Conservation Areas. The Essential Fish 
Habitat Conservation Areas (EFHCAs) are closed areas, defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.396 
through 660.399, where specified types of fishing are 
prohibited.Prohibitions applying to specific EFHCAs are found at Sec. 
660.306.
    (ii) Seasons. Recreational fishing for groundfish is open from 
January 1 through December 31, subject to the closed areas described in 
paragraph (c)(2) of this section.
    (iii) Bag limits, size limits. The bag limits for each person 
engaged in recreational fishing in the EEZ seaward of Oregon are three 
lingcod per day, which may be no smaller than 22 in (56 cm) total 
length; and 10 marine fish per day, which excludes Pacific halibut, 
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod, 
striped bass, hybrid bass, offshore pelagic species and baitfish 
(herring, smelt, anchovies and sardines), but which includes rockfish, 
greenling, cabezon and other groundfish species. The bag limit for all 
flatfish is 25 fish per day, which excludes Pacific halibut, but which 
includes all soles, flounders and Pacific sanddabs. In the Pacific 
halibut fisheries, retention of groundfish is governed in part by annual 
management measures for Pacific halibut fisheries, which are published 
in the Federal Register. Between the Oregon border with Washington and 
Cape Falcon, when Pacific halibut are onboard the vessel, groundfish may 
not be taken and retained, possessed or landed, except sablefish and 
Pacific cod. Between Cape Falcon and Humbug Mountain, during days open 
to the Oregon Central Coast ``all-depth'' sport halibut fishery, when 
Pacific halibut are onboard the vessel, no groundfish may be taken and 
retained, possessed or landed, except sablefish and Pacific cod. ``All-
depth'' season days are established in the annual management measures 
for Pacific halibut fisheries, which are published in the Federal 
Register and are announced on the NMFS halibut hotline, 1-800-662-9825. 
The minimum size limit for cabezon retained in the recreational fishery 
is 16-in (41-cm), and for greenling is 10-in (26-cm). Taking and 
retaining canary rockfish and yelloweye rockfish is prohibited at all 
times and in all areas.
    (3) California. Seaward of California, California law provides that, 
in times and areas when the recreational fishery is open, there is a 20 
fish bag limit for all species of finfish, within which no more than 10 
fish of any one species may be taken or possessed by any one 
person.[Note:There are some exceptions to this rule.The following 
groundfish species are not subject to a bag limit:petrale sole, Pacific 
sanddab and starry flounder.]For groundfish species not specifically 
mentioned in this paragraph, fishers are subject to the overall 20-fish 
bag limit for all species of finfish and the depth restrictions at 
paragraph (c)(3)(i) of this section.Recreational spearfishing for all 
federally-managed groundfish, except lingcod during January, February, 
March, and December, is exempt from closed areas and seasons, consistent

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with Title 14 of the California Code of Regulations.This exemption 
applies only to recreational vessels and divers provided no other 
fishing gear, except spearfishing gear, is on board the 
vessel.California state law may provide regulations similar to Federal 
regulations for the following state-managed species:ocean whitefish, 
California sheephead, and all greenlings of the genus Hexagrammos.Kelp 
greenling is the only federally-managed greenling.Retention of cowcod, 
yelloweye rockfish, and canary rockfish is prohibited in the 
recreational fishery seaward of California all year in all areas.For 
each person engaged in recreational fishing in the EEZ seaward of 
California, the following closed areas, seasons, bag limits, and size 
limits apply:
    (i) Recreational Groundfish Conservation Areas off California. A 
Groundfish Conservation Area (GCA), a type of closed area, is a 
geographic area defined by coordinates expressed in degrees latitude and 
longitude. The following GCAs apply to participants in California's 
recreational fishery.
    (A) Recreational Rockfish Conservation Areas. The recreational RCAs 
are areas that are closed to recreational fishing for groundfish. 
Fishing for groundfish with recreational gear is prohibited within the 
recreational RCA, except that recreational fishing for ``other 
flatfish'' is permitted within the recreational RCA as specified in 
paragraph (c)(3)(iv) of this section. It is unlawful to take and retain, 
possess, or land groundfish taken with recreational gear within the 
recreational RCA, unless otherwise authorized in this section. A vessel 
fishing in the recreational RCA may not be in possession of any species 
prohibited by the restrictions that apply within the recreational RCA. 
[For example, if a vessel participates in the recreational salmon 
fishery within the RCA, the vessel cannot be in possession of rockfish 
while in the RCA. The vessel may, however, on the same trip fish for and 
retain rockfish shoreward of the RCA on the return trip to port.]
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10.00[min] N. lat. (North Region), recreational fishing for all 
groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the 20-fm (37-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 15 through September 15; and is closed entirely from 
January 1 through May 14 and from September 16 through December 31 
(i.e., prohibited seaward of the shoreline).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North-Central North of Point Arena Region), recreational fishing for 
all groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the 20-fm (37-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 15 through August 15; and is closed entirely from 
January 1 through May 14 and from August 16 through December 31 (i.e. , 
prohibited seaward of the shoreline).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North-Central South of Point Arena Region), recreational fishing for 
all groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the boundary line 
approximating the 30-fm (55-m) depth contour along the mainland coast 
and along islands and offshore seamounts from June 13 through October 
31; and is closed entirely from January 1 through June 12 and from 
November 1 through December 31 (i.e., prohibited seaward of the 
shoreline). Closures around the Farallon Islands (see paragraph 
(c)(3)(i)(C) of this section) and Cordell Banks (see paragraph 
(c)(3)(i)(D) of this section) also apply in this area. Coordinates for 
the boundary line approximating the 30-fm (55-m) depth contour are 
listed in Sec. 660.391.
    (4) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South-Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) 
is prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 1 through November 15; and is closed entirely from 
January 1 through April 30 and from November 16 through December 31 
(i.e., prohibited

[[Page 234]]

seaward of the shoreline). Coordinates for the boundary line 
approximating the 40-fm (73-m) depth contour are specified in Sec. 
660.391.
    (5) Between 36[deg] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) 
is prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 1 through November 15; and is closed entirely from 
January 1 through April 30 and from November 16 through December 31 
(i.e., prohibited seaward of the shoreline). Coordinates for the 
boundary line approximating the 40-fm (73-m) depth contour are specified 
in Sec. 660.391.
    (6) South of 34[deg]27[min] N. latitude (South Region), recreational 
fishing for all groundfish (except California scorpionfish as specified 
below in this paragraph and in paragraph (v) of this section and ``other 
flatfish'' as specified in paragraph (c)(3)(iv) of this section) is 
prohibited seaward of a boundary line approximating the 60-fm (110-m) 
depth contour from March 1 through December 31 along the mainland coast 
and along islands and offshore seamounts, except in the CCAs where 
fishing is prohibited seaward of the 20-fm (37-m) depth contour when the 
fishing season is open (see paragraph (c)(3)(i)(B) of this section). 
Recreational fishing for all groundfish (except California scorpionfish 
and ``other flatfish'') is closed entirely from January 1 through 
February 28 (i.e., prohibited seaward of the shoreline). Recreational 
fishing for California scorpionfish south of 34[deg]27[min] N. lat. is 
prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour from January 1 through February 28, and seaward of the 60-
fm (110-m) depth contour from March 1 through December 31, except in the 
CCAs where fishing is prohibited seaward of the 20-fm (37-m) depth 
contour when the fishing season is open. Coordinates for the boundary 
line approximating the 40-fm (73-m) and 60-fm (110-m) depth contours are 
specified in Sec. Sec. 660.391 and 660.392.
    (B) Cowcod Conservation Areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.390. In general, recreational fishing for all 
groundfish is prohibited within the CCAs, except that fishing for 
``other flatfish'' is permitted within the CCAs as specified in 
paragraph (c)(3)(iv) of this section. However, recreational fishing for 
the following species is permitted shoreward of the 20 fm (37 m) depth 
contour when the season for those species is open south of 
34[deg]27[min] N. lat.:Minor nearshore rockfish, cabezon, kelp 
greenling, lingcod, California scorpionfish, and ``other flatfish'' 
(subject to gear requirements at paragraph (c)(3)(iv) of this section 
during January-February). [NOTE:California state regulations also permit 
recreational fishing for California sheephead, ocean whitefish, and all 
greenlings of the genus Hexagrammos shoreward of the 20 fm (37 m) depth 
contour in the CCAs when the season for the RCG complex is open south of 
34[deg]27[min] N. lat.] It is unlawful to take and retain, possess, or 
land groundfish within the CCAs, except for species authorized in this 
section.
    (C) Farallon Islands. Under California state law, recreational 
fishing for groundfish is prohibited between the shoreline and the 10-fm 
(18-m) depth contour around the Farallon Islands, except that 
recreational fishing for ``other flatfish'' is permitted around the 
Farallon Islands as specified in paragraph (c)(3)(iv) of this section. 
(Note: California state regulations also prohibit the retention of other 
greenlings of the genus Hexagrammos, California sheephead and ocean 
whitefish.) For a definition of the Farallon Islands, see Sec. 660.390.
    (D) Cordell Banks. Recreational fishing for groundfish is prohibited 
in waters less than 100 fm (183 m) around Cordell Banks as defined by 
specific latitude and longitude coordinates at Sec. 660.390, except 
that recreational fishing for ``other flatfish'' is permitted around 
Cordell Banks as specified in paragraph (c)(3)(iv) of this section. 
[Note: California state regulations also prohibit fishing for all 
greenlings of the genus Hexagrammos, California sheephead and ocean 
whitefish.]

[[Page 235]]

    (E) Point St. George Yelloweye Rockfish Conservation Area (YRCA). 
Recreational fishing for groundfish is prohibited within the Point St. 
George YRCA, as defined by latitude and longitude coordinates at Sec. 
660.390, on dates when the closure is in effect. The closure is not in 
effect at this time, and recreational fishing for groundfish is open 
within the Point St. George YRCA from January 1 through December 31. 
This closure may be imposed through inseason adjustment.
    (F) South Reef YRCA. Recreational fishing for groundfish is 
prohibited within the South Reef YRCA, as defined by latitude and 
longitude coordinates at Sec. 660.390, on dates when the closure is in 
effect. The closure is not in effect at this time, and recreational 
fishing for groundfish is open within the South Reef YRCA from January 1 
through December 31. This closure may be imposed through inseason 
adjustment.
    (G) Reading Rock YRCA. Recreational fishing for groundfish is 
prohibited within the Reading Rock YRCA, as defined by latitude and 
longitude coordinates at Sec. 660.390, on dates when the closure is in 
effect. The closure is not in effect at this time, and recreational 
fishing for groundfish is open within the Reading Rock YRCA from January 
1 through December 31. This closure may be imposed through inseason 
adjustment.
    (H) Point Delgada (North) YRCA. Recreational fishing for groundfish 
is prohibited within the Point Delgada (North) YRCA, as defined by 
latitude and longitude coordinates at Sec. 660.390, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
recreational fishing for groundfish is open within the Point Delgada 
(North) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment.
    (I) Point Delgada (South) YRCA. Recreational fishing for groundfish 
is prohibited within the Point Delgada (South) YRCA, as defined by 
latitude and longitude coordinates at Sec. 660.390, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
recreational fishing for groundfish is open within the Point Delgada 
(South) YRCA from January 1 through December 31. This closure may be 
imposed through inseason adjustment.
    (J) Essential Fish Habitat Conservation Areas. The Essential Fish 
Habitat Conservation Areas (EFHCAs) are closed areas, defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.396 
through 660.399, where specified types of fishing are 
prohibited.Prohibitions applying to specific EFHCAs are found at Sec. 
660.306.
    (ii) RCG Complex. The California rockfish, cabezon, greenling 
complex (RCG Complex), as defined in state regulations (Section 1.91, 
Title 14, California Code of Regulations), includes all rockfish, kelp 
greenling, rock greenling, and cabezon. This category does not include 
California scorpionfish, also known as ``sculpin.
    (A) Seasons. When recreational fishing for the RCG Complex is open, 
it is permitted only outside of the recreational RCAs described in 
paragraph (c)(3)(i) of this section.
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10[min] N. lat. (North Region), recreational fishing for the RCG 
complex is open from May 15 through September 15 (i.e. it's closed from 
January 1 through May 14 and from September 16 through December 31).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North Central North of Point Arena Region), recreational fishing for 
the RCG Complex is open from May 15 through August 15 (i.e. it's closed 
from January 1 through May 14 and May 16 through December 31).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North Central South of Point Arena Region), recreational fishing for 
the RCG Complex is open from June 13 through October 31 (i.e. it's 
closed from January 1 through June 12 and November 1 through December 
31.
    (4) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South-Central Region), recreational fishing for the RCG Complex is open 
from May 1 through November 15 (i.e. it's closed from January 1 through 
April 30 and from November 16 through December 31).
    (5) Between 36[min] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region),

[[Page 236]]

recreational fishing for the RCG Complex is open from May 1 through 
November 15 (i.e. it's closed from January 1 through April 30 and from 
November 16 through December 31).
    (6) South of 34[deg]27[min] N. latitude (South Region), recreational 
fishing for the RCG Complex is open from March 1 through December 31 
(i.e. it's closed from January 1 through February 28.
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for the RCG Complex is open, there is a limit of 2 
hooks and 1 line when fishing for rockfish. The bag limit is 10 RCG 
Complex fish per day coastwide. Retention of canary rockfish, yelloweye 
rockfish, bronzespotted and cowcod is prohibited. Within the 10 RCG 
Complex fish per day limit, no more than 2 may be bocaccio, no more than 
2 may be greenling (kelp and/or other greenlings) and no more than 2 may 
be cabezon. Multi-day limits are authorized by a valid permit issued by 
California and must not exceed the daily limit multiplied by the number 
of days in the fishing trip.
    (C) Size limits. The following size limits apply: bocaccio may be no 
smaller than 10 in (25 cm) total length; cabezon may be no smaller than 
15 in (38 cm) total length; and kelp and other greenling may be no 
smaller than 12 in (30 cm) total length.
    (D) Dressing/Fileting. Cabezon, kelp greenling, and rock greenling 
taken in the recreational fishery may not be fileted at sea. Rockfish 
skin may not be removed when fileting or otherwise dressing rockfish 
taken in the recreational fishery. The following rockfish filet size 
limits apply: bocaccio filets may be no smaller than 5 in (12.8 cm) and 
brown-skinned rockfish fillets may be no smaller than 6.5 in (16.6 cm). 
``Brown-skinned'' rockfish include the following species: brown, calico, 
copper, gopher, kelp, olive, speckled, squarespot, and yellowtail.
    (iii) Lingcod--(A) Seasons. When recreational fishing for lingcod is 
open, it is permitted only outside of the recreational RCAs described in 
paragraph (c)(3)(i) of this section.
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10.00[min] N. lat. (North Region), recreational fishing for 
lingcod is open from May 15 through September 15 (i.e. it's closed from 
January 1 through May 14 and from September 16 through December 31).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North Central North of Point Arena Region), recreational fishing for 
lingcod is open from May 15 through August 15 (i.e. it's closed from 
January 1 through May 14 and May 16 through December 31).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North Central South of Point Arena Region), recreational fishing for 
lingcod is open from June 13 through October 31 (i.e. it's closed from 
January 1 through June 12 and November 1 through December 31.
    (4) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South-Central Region), recreational fishing for lingcod is open from May 
1 through November 15 (i.e. it's closed from January 1 through April 30 
and from November 16 through December 31).
    (5) Between 36[min] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region), recreational fishing for lingcod is open from May 
1 through November 15 (i.e. it's closed from January 1 through April 30 
and from November 16 through December 31).
    (6) South of 34[deg]27[min] N. latitude (South Region), recreational 
fishing for lingcod is open from April 1 through November 30 (i.e. it's 
closed from January 1 through March 31 and from December 1 through 31).
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for lingcod is open, there is a limit of 2 hooks and 
1 line when fishing for lingcod. The bag limit is 2 lingcod per day. 
Multi-day limits are authorized by a valid permit issued by California 
and must not exceed the daily limit multiplied by the number of days in 
the fishing trip.
    (C) Size limits. Lingcod may be no smaller than 24 in (61 cm) total 
length.
    (D) Dressing/Fileting. Lingcod filets may be no smaller than 16 in 
(41 cm) in length.
    (iv) ``Other flatfish''. Coastwide off California, recreational 
fishing for ``other flatfish'' is permitted both shoreward of and within 
the closed areas described in paragraph (c)(3)(i) of this section. 
``Other flatfish'' are defined at Sec. 660.302 and include butter

[[Page 237]]

sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, 
and sand sole. Recreational fishing for ``other flatfish'' is permitted 
within the closed areas. ``Other flatfish,'' except Pacific sanddab, are 
subject to the overall 20-fish bag limit for all species of finfish, of 
which there may be no more than 10 fish of any one species. There is no 
season restriction or size limit for ``other flatfish;'' however, it is 
prohibited to filet ``other flatfish'' at sea.
    (v) California scorpionfish. California scorpionfish predominately 
occur south of 40[deg]10[min] N. lat.
    (A) Seasons. When recreational fishing for California scorpionfish 
is open, it is permitted only outside of the recreational RCAs described 
in paragraph (c)(3)(i) of this section.
    (1) Between 40[deg]10[min] N. lat. and 37[deg]11[min] N. lat. (North 
Central Region), recreational fishing for California scorpionfish is 
open from June 1 through November 30 (i.e., it[min]s closed from January 
1 through May 31 and from December 1 through December 31).
    (2) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South Central Region), recreational fishing for California scorpionfish 
is open from May 1 through November 30 (i.e., it's closed from January 1 
through April 30 and from December 1 through December 31).
    (3) Between 36[deg] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South Central Region), recreational fishing for California scorpionfish 
is open from May 1 through November 30 (i.e., it's closed from January 1 
through April 30 and from December 1 through December 31).
    (4) South of 34[deg]27[min] N. lat. (South Region), recreational 
fishing for California scorpionfish is open from January 1 through 
December 31.
    (B) Bag limits, hook limits. South of 40[deg]10.00[min] N. lat., in 
times and areas where the recreational season for California 
scorpionfish is open, the bag limit is 5 California scorpionfish per 
day. California scorpionfish do not count against the 10 RCG Complex 
fish per day limit. Multi-day limits are authorized by a valid permit 
issued by California and must not exceed the daily limit multiplied by 
the number of days in the fishing trip.
    (C) Size limits. California scorpionfish may be no smaller than 10 
in (25 cm) total length.
    (D) Dressing/Fileting. California scorpionfish filets may be no 
smaller than 5 in (12.8 cm) and must bear an intact 1 in (2.6 cm) square 
patch of skin.

[69 FR 77038, Dec. 23, 2004]

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



Sec. 660.385  Washington coastal tribal fisheries management measures.

    In 1994, the United States formally recognized that the four 
Washington coastal treaty Indian tribes (Makah, Quileute, Hoh, and 
Quinault) have treaty rights to fish for groundfish in the Pacific 
Ocean, and concluded that, in general terms, the quantification of those 
rights is 50 percent of the harvestable surplus of groundfish that pass 
through the tribes usual and accustomed fishing areas (described at 
Sec. 660.324). Measures implemented to minimize adverse impacts to 
groundfish EFH, as described in Sec. 660.306, do not apply to tribal 
fisheries in their usual and accustomed fishing areas (described in 
Sec. 660.324). Treaty fisheries operating within tribal allocations are 
prohibited from operating outside ususal and accustomed fishing areas. 
Tribal fishery allocations for sablefish and whiting, are provided in 
paragraphs (a) and (e) of this section, respectively, and the tribal 
harvest guideline for black rockfish is provided in paragraph (b)(1) of 
this section. Trip limits for certain species were recommended by the 
tribes and the Council and are specified here with the tribal 
allocations.
    (a) Sablefish. The tribal allocation is 694 mt per year. This 
allocation is, for each year, 10 percent of the Monterey through 
Vancouver area (North of 36[deg] N. lat.) OY, less 1.6 percent estimated 
discard mortality.
    (b) Rockfish. The tribes will require full retention of all 
overfished rockfish species and all other marketable rockfish species 
during treaty fisheries.

[[Page 238]]

    (1) Black Rockfish. For the commercial harvest of black rockfish off 
Washington State, a harvest guideline of: 30,000 lb (13,608 kg) north of 
Cape Alava, WA (48[deg]10[min] N. lat.) and 10,000 lb (4,536 kg) between 
Destruction Island, WA (47[deg]40[min] N. lat.) and Leadbetter Point, WA 
(46[deg]38.17[min] N. lat.). There are no tribal harvest restrictions 
for black rockfish in the area between Cape Alava and Destruction 
Island.
    (2) Thornyheads. The tribes will manage their fisheries to the 
limited entry trip limits in place at the beginning on the year for both 
shortspine and longspine thornyheads as follows:
    (i) Trawl gear. (A) Shortspine thornyhead cumulative trip limits are 
as follows:
    (1) Small and large footrope trawl gear-17,000 lb (7,711-kg) per 2 
months.
    (2) Selective flatfish trawl gear- 3,000-lb (1,361-kg) per 2 months.
    (3) Multiple bottom trawl gear- 3,000-lb (1,361-kg) per 2 months.
    (B) Longspine thornyhead cumulative trip limits are as follows:
    (1) Small and large footrope trawl gear- 22,000-lb (9,979-kg) per 2 
months.
    (2) Selective flatfish trawl gear-5,000-lb (2,268-kg) per 2 months.
    (3) Multiple bottom trawl gear-5,000-lb (2,268-kg) per 2 months.
    (ii) Fixed gear. (A) Shortspine thornyhead cumulative trip limits 
are 2,000-lb (907-kg) per 2 months.
    (B) Longspine thornyhead cumulative trip limits are 10,000-lb 
(4,536-kg) per 2 months.
    (3) Canary rockfish are subject to a 300-lb (136-kg) trip limit.
    (4) Yelloweye rockfish are subject to a 100-lb (45-kg) trip limit.
    (5) The Makah Tribe will manage the midwater trawl fisheries as 
follows: yellowtail rockfish taken in the directed tribal mid-water 
trawl fisheries are subject to a cumulative limit of 180,000 lb (81,647 
kg) per 2 month period for the entire fleet. Landings of widow rockfish 
must not exceed 10 percent of the weight of yellowtail rockfish landed, 
for a given vessel, throughout the year. These limits may be adjusted by 
the tribe inseason to minimize the incidental catch of canary rockfish 
and widow rockfish, provided the average 2-month cumulative yellowtail 
rockfish limit does not exceed 180,000 lb (81,647 kg) for the fleet.
    (6) Other rockfish, including minor nearshore, minor shelf, and 
minor slope rockfish groups are subject to a 300-lb (136-kg) trip limit 
per species or species group, or to the non-tribal limited entry trip 
limit for those species if those limits are less restrictive than 300 lb 
(136 kg) per trip.
    (c) Lingcod. Lingcod taken in the treaty fisheries are subject to an 
overall expected total lingcod catch of 250 mt.
    (d) Flatfish and other fish. Treaty fishing vessels using bottom 
trawl gear are subject to the limits applicable to the non-tribal 
limited entry trawl fishery for Dover sole, English sole, rex sole, 
arrowtooth flounder, and other flatfish in place at the beginning of the 
season.For Dover sole and arrowtooth flounder, the limited entry trip 
limits in place at the beginning of the season will be combined across 
periods and the fleet to create a cumulative harvest target.The limits 
available to individual vessels will then be adjusted inseason to stay 
within the overall harvest target as well as estimated impacts to 
overfished species.For petrale sole, treaty fishing vessels are 
restricted to a 50,000 lb (22,680 kg) per 2 month limit for the entire 
year.Trawl vessels are restricted to using small footrope trawl gear.
    (e) Pacific whiting--The tribal allocation for 2010 is 49,939 mt.
    (f) Pacific cod. There is a tribal harvest guideline of 400 mt of 
Pacific cod. The tribes will manage their fisheries to stay within this 
harvest guideline.
    (g) Spiny dogfish. The tribes will manage their spiny dogfish 
fishery within the limited entry trip limits for the non-tribal 
fisheries.

[69 FR 77041, Dec. 23, 2004, as amended at 70 FR 22812, May 3, 2005; 71 
FR 8498, Feb. 17, 2006; 71 FR 27415, May 11, 2006; 71 FR 37844, July 3, 
2006; 71 FR 78663, Dec. 29, 2006; 72 FR 53167, Sept. 18, 2007; 72 FR 
71589, Dec. 18, 2007; 73 FR 26329, May 9, 2008; 74 FR 9893, Mar. 6, 
2009; 75 FR 8825, Feb. 26, 2010; 75 FR 23626, May 4, 2010]



Sec. 660.390  Groundfish conservation areas.

    In Sec. 660.302, a groundfish conservation area is defined in part 
as ``a geographic area defined by coordinates expressed

[[Page 239]]

in degrees latitude and longitude, wherein fishing by a particular gear 
type or types may be prohibited.'' While some groundfish conservation 
areas may be designed with the intent that their shape be determined by 
ocean bottom depth contours, their shapes are defined in regulation by 
latitude/longitude coordinates and are enforced by those coordinates. 
Latitude/longitude coordinates designating the large-scale boundaries 
for rockfish conservation areas are found in Sec. Sec. 660.391 through 
660.394. Fishing activity that is prohibited or permitted within a 
particular groundfish conservation area is detailed at Sec. Sec. 
660.381 through 660.384.
    (a) North Coast Recreational Yelloweye Rockfish Conservation Area. 
The North Coast Recreational Yelloweye Rockfish Conservation Area (YRCA) 
is a C-shaped area off the northern Washington coast intended to protect 
yelloweye rockfish. The North Coast Recreational YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 48[deg]18.00[min] N. lat.; 125[deg]18.00[min] W. long.;
    (2) 48[deg]18.00[min] N. lat.; 124[deg]59.00[min] W. long.;
    (3) 48[deg]11.00[min] N. lat.; 124[deg]59.00[min] W. long.;
    (4) 48[deg]11.00[min] N. lat.; 125[deg]11.00[min] W. long.;
    (5) 48[deg]04.00[min] N. lat.; 125[deg]11.00[min] W. long.;
    (6) 48[deg]04.00[min] N. lat.; 124[deg]59.00[min] W. long.;
    (7) 48[deg]00.00[min] N. lat.; 124[deg]59.00[min] W. long.;
    (8) 48[deg]00.00[min] N. lat.; 125[deg]18.00[min] W. long.;
    and connecting back to 48[deg]18.00[min] N. lat.; 125[deg]18.00[min] 
W. long.
    (b) North Coast Commercial Yelloweye Rockfish Conservation Area. The 
North Coast Commercial Yelloweye Rockfish Conservation Area (YRCA) is an 
area off the northern Washington coast, overlapping the northern part of 
North Coast Recreational YRCA, intended to protect yelloweye rockfish. 
The North Coast Commercial YRCA is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed:
    (1) 48[deg]11.77[min] N. lat., 125[deg]13.03[min] W. long.;
    (2) 48[deg]16.43[min] N. lat., 125[deg]07.55[min] W. long.;
    (3) 48[deg]14.72[min] N. lat., 125[deg]01.84[min] W. long.;
    (4) 48[deg]13.36[min] N. lat., 125[deg]03.20[min] W. long.;
    (5) 48[deg]12.74[min] N. lat., 125[deg]05.83[min] W. long.;
    (6) 48[deg]11.55[min] N. lat., 125[deg]04.99[min] W. long.;
    (7) 48[deg]09.96[min] N. lat., 125[deg]06.63[min] W. long.;
    (8) 48[deg]09.68[min] N. lat., 125[deg]08.75[min] W. long.;
    and connecting back to 48[deg]11.77[min] N. lat., 125[deg]13.03[min] 
W. long.
    (c) Salmon Troll Yelloweye Rockfish Conservation Area. The Salmon 
Troll Yelloweye Rockfish Conservation Area (YRCA) is an area off the 
northern Washington coast, overlapping the southern part of North Coast 
Recreational YRCA, intended to protect yelloweye rockfish.The Salmon 
Troll YRCA is defined by straight lines connecting the following 
specific latitude and longitude coordinates in the order listed:
    (1) 48[deg]00.00[min] N. lat., 125[deg]14.00[min] W. long.;
    (2) 48[deg]02.00[min] N. lat., 125[deg]14.00[min] W. long.;
    (3) 48[deg]02.00[min] N. lat., 125[deg]16.50[min] W. long.;
    (4) 48[deg]00.00[min] N. lat., 125[deg]16.50[min] W. long.; and 
connecting back to 48[deg]00.00[min] N. lat., 125[deg]14.00[min] W. 
long.
    (d) South Coast Recreational Yelloweye Rockfish Conservation Area. 
The South Coast Recreational Yelloweye Rockfish Conservation Area (YRCA) 
is an area off the southern Washington coast intended to protect 
yelloweye rockfish. The South Coast Recreational YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 46[deg]58.00[min] N. lat., 124[deg]48.00[min] W. long.;
    (2) 46[deg]55.00[min] N. lat., 124[deg]48.00[min] W. long.;
    (3) 46[deg]55.00[min] N. lat., 124[deg]49.00[min] W. long.;
    (4) 46[deg]58.00[min] N. lat., 124[deg]49.00[min] W. long.; and 
connecting back to 46[deg]58.00[min] N. lat., 124[deg]48.00[min] W. 
long.
    (e) Westport Offshore Recreational YRCA. The Westport Offshore 
Recreational YRCA is an area off the southern Washington coast intended 
to protect yelloweye rockfish. The Westport Recreational YRCA is defined 
by straight lines connecting the following specific latitude and 
longitude coordinates in the order listed:
    (1) 46[deg]54.30[min] N. lat., 124[deg]53.40[min] W. long.;
    (2) 46[deg]54.30[min] N. lat., 124[deg]51.00[min] W. long.;
    (3) 46[deg]53.30[min] N. lat., 124[deg]51.00[min] W. long.;
    (4) 46[deg]53.30[min] N. lat., 124[deg]53.40[min] W. long.; and 
connecting back to 46[deg]54.30[min] N. lat., 124[deg]53.40[min] W. 
long.
    (f) Stonewall Bank Yelloweye Rockfish Conservation Area. The 
Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) is an area 
off central Oregon, near Stonewall Bank, intended to protect yelloweye 
rockfish.The Stonewall Bank YRCA is defined by straight lines

[[Page 240]]

connecting the following specific latitude and longitude coordinates in 
the order listed:
    (1) 44[deg]37.46[min] N. lat.; 124[deg]24.92[min] W. long.;
    (2) 44[deg]37.46[min] N. lat.; 124[deg]23.63[min] W. long.;
    (3) 44[deg]28.71[min] N. lat.; 124[deg]21.80[min] W. long.;
    (4) 44[deg]28.71[min] N. lat.; 124[deg]24.10[min] W. long.;
    (5) 44[deg]31.42[min] N. lat.; 124[deg]25.47[min] W. long.;
    and connecting back to 44[deg]37.46[min] N. lat.; 124[deg]24.92[min] 
W. long.
    (g) Point St. George YRCA. The Point St. George YRCA is an area off 
the northern California coast, northwest of Point St. George, intended 
to protect yelloweye rockfish. The Point St. George YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]51.00[min] N. lat., 124[deg]23.75[min] W. long.;
    (2) 41[deg]51.00[min] N. lat., 124[deg]20.75[min] W. long.;
    (3) 41[deg]48.00[min] N. lat., 124[deg]20.75[min] W. long.;
    (4) 41[deg]48.00[min] N. lat., 124[deg]23.75[min] W. long.; and 
connecting back to 41[deg]51.00[min] N. lat., 124[deg]23.75[min] W. 
long.
    (h) South Reef YRCA. The South Reef YRCA is an area off the northern 
California coast, southwest of Crescent City, intended to protect 
yelloweye rockfish. The South Reef YRCA is defined by straight lines 
connecting the following specific latitude and longitude coordinates in 
the order listed:
    (1) 41[deg]42.20[min] N. lat., 124[deg]16.00[min] W. long.;
    (2) 41[deg]42.20[min] N. lat., 124[deg]13.80[min] W. long.;
    (3) 41[deg]40.50[min] N. lat., 124[deg]13.80[min] W. long.;
    (4) 41[deg]40.50[min] N. lat., 124[deg]16.00[min] W. long.; and 
connecting back to 41[deg]42.20[min] N. lat., 124[deg]16.00[min] W. 
long.
    (i) Reading Rock YRCA. The Reading Rock YRCA is an area off the 
northern California coast, between Crescent City and Eureka, intended to 
protect yelloweye rockfish. The Reading Rock YRCA is defined by straight 
lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]21.50[min] N. lat., 124[deg]12.00[min] W. long.;
    (2) 41[deg]21.50[min] N. lat., 124[deg]10.00[min] W. long.;
    (3) 41[deg]20.00[min] N. lat., 124[deg]10.00[min] W. long.;
    (4) 41[deg]20.00[min] N. lat., 124[deg]12.00[min] W. long.; and 
connecting back to 41[deg]21.50[min] N. lat., 124[deg]12.00[min] W. 
long.
    (j) Point Delgada YRCAs. The Point Delgada YRCAs are two areas off 
the northern California coast, south of Point Delgada and Shelter Cove, 
intended to protect yelloweye rockfish. The Northern Point Delgada YRCA 
is defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 39[deg]59.00[min] N. lat., 124[deg]05.00[min] W. long.;
    (2) 39[deg]59.00[min] N. lat., 124[deg]03.00[min] W. long.;
    (3) 39[deg]57.00[min] N. lat., 124[deg]03.00[min] W. long.;
    (4) 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. long.; and 
connecting back to 39[deg]59.00[min] N. lat., 124[deg]05.00[min] W. 
long.
    (k) Southern Point Delgada YRCA. The Southern Point Delgada YRCA is 
defined by straight lines connecting the following specific latitude and 
longitude coordinates in the order listed:
    (1) 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. long.;
    (2) 39[deg]57.00[min] N. lat., 124[deg]02.00[min] W. long.;
    (3) 39[deg]54.00[min] N. lat., 124[deg]02.00[min] W. long.;
    (4) 39[deg]54.00[min] N. lat., 124[deg]05.00[min] W. long.; and 
connecting back to 39[deg]57.00[min] N. lat., 124[deg]05.00[min] W. 
long.
    (l) Cowcod Conservation Areas. The Cowcod Conservation Areas (CCAs) 
are two areas off the southern California coast intended to protect 
cowcod. The Western CCA is an area south of Point Conception defined by 
the straight lines connecting the following specific latitude and 
longitude coordinates in the order listed:
    (1) 33[deg]50.00[min] N. lat., 119[deg]30.00[min] W. long.;
    (2) 33[deg]50.00[min] N. lat., 118[deg]50.00[min] W. long.;
    (3) 32[deg]20.00[min] N. lat., 118[deg]50.00[min] W. long.;
    (4) 32[deg]20.00[min] N. lat., 119[deg]37.00[min] W. long.;
    (5) 33[deg]00.00[min] N. lat., 119[deg]37.00[min] W. long.;
    (6) 33[deg]00.00[min] N. lat., 119[deg]53.00[min] W. long.;
    (7) 33[deg]33.00[min] N. lat., 119[deg]53.00[min] W. long.;
    (8) 33[deg]33.00[min] N. lat., 119[deg]30.00[min] W. long.;
    and connecting back to 33[deg]50.00[min] N. lat., 119[deg]30.00[min] 
W. long.
    (m) The Eastern CCA is an area west of San Diego defined by the 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 32[deg]42.00[min] N. lat., 118[deg]02.00[min] W. long.;
    (2) 32[deg]42.00[min] N. lat., 117[deg]50.00[min] W. long.;
    (3) 32[deg]36.70[min] N. lat., 117[deg]50.00[min] W. long.;
    (4) 32[deg]30.00[min] N. lat., 117[deg]53.50[min] W. long.;
    (5) 32[deg]30.00[min] N. lat., 118[deg]02.00[min] W. long.;
    and connecting back to 32[deg]42.00[min] N. lat., 118[deg]02.00[min] 
W. long.
    (n) Farallon Islands. The Farallon Islands, off San Francisco and 
San Mateo Counties, include Southeast Farallon Island, Middle Farallon 
Island, North Farallon Island and Noon Day Rock. Generally, the State of 
California prohibits fishing for groundfish between

[[Page 241]]

the shoreline and the 10-fm (18-m) depth contour around the Farallon 
Islands.
    (o) Cordell Banks. Cordell Banks are located offshore of 
California[min]s Marin County. Generally, fishing for groundfish is 
prohibited in waters of depths less than 100-fm (183-m) around Cordell 
Banks as defined by specific latitude and longitude coordinates. The 
Cordell Banks closed area is defined by straight lines connecting the 
following specific latitude and longitude coordinates in the order 
listed:
    (1) 38[deg]03.18[min] N. lat., 123[deg]20.77[min] W. long.;
    (2) 38[deg]06.29[min] N. lat., 123[deg]25.03[min] W. long.;
    (3) 38[deg]06.34[min] N. lat., 123[deg]29.32[min] W. long.;
    (4) 38[deg]04.57[min] N. lat., 123[deg]31.30[min] W. long.;
    (5) 38[deg]02.32[min] N. lat., 123[deg]31.07[min] W. long.;
    (6) 38[deg]00.00[min] N. lat., 123[deg]28.40[min] W. long.;
    (7) 37[deg]58.10[min] N. lat., 123[deg]26.66[min] W. long.;
    (8) 37[deg]55.07[min] N. lat., 123[deg]26.81[min] W. long.;
    (9) 38[deg]00.00[min] N. lat., 123[deg]23.08[min] W. long.;
    and connecting back to 38[deg]03.18[min] N. lat., 123[deg]20.77[min] 
W. long.
    (p) Rockfish Conservation Areas. RCA restrictions are detailed at 
Sec. Sec. 660.381 through 660.384.RCAs may apply to a single gear type 
or to a group of gear types such as ``trawl RCAs'' or ``non-trawl 
RCAs.'' Specific latitude and longitude coordinates for RCA boundaries 
that approximate the depth contours selected for trawl, non-trawl, and 
recreational RCAs are provided in Sec. Sec. 660.391 through 
660.394.Also provided in Sec. Sec. 660.391 through 660.394 are 
references to islands and rocks that serve as reference points for the 
RCAs.
    (1) Trawl (Limited Entry and Open Access Nongroundfish Trawl Gears) 
Rockfish Conservation Areas. Trawl RCAs are intended to protect a 
complex of species, such as overfished shelf rockfish species, and have 
boundaries defined by specific latitude and longitude coordinates 
intended to approximate particular depth contours. Boundaries for the 
trawl RCA throughout the year are provided in Tables 3 and 5 (North) and 
Tables 3 and 5 (South) and may be modified by NMFS inseason pursuant to 
Sec. 660.370(c). Trawl RCA boundaries are defined by specific latitude 
and longitude coordinates and are provided in Sec. Sec. 660.391 through 
660.394.
    (2) Non-Trawl (Limited Entry Fixed Gear and Open Access Non-trawl 
Gears) Rockfish Conservation Areas. Non-trawl RCAs are intended to 
protect a complex of species, such as overfished shelf rockfish species, 
and have boundaries defined by specific latitude and longitude 
coordinates intended to approximate particular depth contours. 
Boundaries for the non-trawl RCA throughout the year are provided in 
Tables 4 and 5 (North) and Tables 4 and 5 (South) of this subpart and 
may be modified by NMFS inseason pursuant to Sec. 660.370(c). Non-trawl 
RCA boundaries are defined by specific latitude and longitude 
coordinates and are provided in Sec. Sec. 660.391 through 660.394.
    (3) Recreational Rockfish Conservation Areas. Recreational RCAs are 
closed areas intended to protect overfished rockfish species. 
Recreational RCAs may either have boundaries defined by general depth 
contours or boundaries defined by specific latitude and longitude 
coordinates intended to approximate particular depth contours. 
Boundaries for the recreational RCAs throughout the year are provided in 
the text in Sec. 660.384(c) under each state (Washington, Oregon and 
California) and may be modified by NMFS inseason pursuant to Sec. 
660.370. Recreational RCA boundaries are defined by specific latitude 
and longitude coordinates and are provided in Sec. Sec. 660.391 through 
660.394.

[71 FR 78663, Dec. 29, 2006, as amended at 72 FR 53167, Sept. 18, 2007; 
74 FR 9893, Mar. 6, 2009]



Sec. 660.391  Latitude/longitude coordinates defining the 10-fm (18-m)
through 40-fm (73-m) depth contours.

    Boundaries for RCAs are defined by straight lines connecting a 
series of latitude/longitude coordinates. This section provides 
coordinates for the 10-fm (18-m) through 40-fm (73-m) depth contours.
    (a) The 10-fm (18-m) depth contour between the U.S. border with 
Canada and 46[deg]16[min] N. lat. is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]23.80[min] N. lat., 124[deg]44.18[min] W. long.;
    (2) 48[deg]23.60[min] N. lat., 124[deg]44.80[min] W. long.;
    (3) 48[deg]23.45[min] N. lat., 124[deg]44.80[min] W. long.;
    (4) 48[deg]23.30[min] N. lat., 124[deg]44.20[min] W. long.;
    (5) 48[deg]22.20[min] N. lat., 124[deg]44.30[min] W. long.;
    (6) 48[deg]20.25[min] N. lat., 124[deg]42.20[min] W. long.;

[[Page 242]]

    (7) 48[deg]12.80[min] N. lat., 124[deg]43.10[min] W. long.;
    (8) 48[deg]11.10[min] N. lat., 124[deg]46.50[min] W. long.;
    (9) 48[deg]10.00[min] N. lat., 124[deg]46.50[min] W. long.;
    (10) 48[deg]08.50[min] N. lat., 124[deg]44.20[min] W. long.;
    (11) 47[deg]59.40[min] N. lat., 124[deg]42.50[min] W. long.;
    (12) 47[deg]52.60[min] N. lat., 124[deg]38.80[min] W. long.;
    (13) 47[deg]51.50[min] N. lat., 124[deg]34.60[min] W. long.;
    (14) 47[deg]39.80[min] N. lat., 124[deg]28.10[min] W. long.;
    (15) 47[deg]31.70[min] N. lat., 124[deg]26.30[min] W. long.;
    (16) 47[deg]25.20[min] N. lat., 124[deg]24.80[min] W. long.;
    (17) 47[deg]09.80[min] N. lat., 124[deg]15.20[min] W. long.;
    (18) 46[deg]54.40[min] N. lat., 124[deg]14.80[min] W. long.;
    (19) 46[deg]48.30[min] N. lat., 124[deg]10.25[min] W. long.;
    (20) 46[deg]38.17[min] N. lat., 124[deg]10.30[min] W. long.;
    (21) 46[deg]27.20[min] N. lat., 124[deg]06.50[min] W. long.; and
    (22) 46[deg]16.00[min] N. lat., 124[deg]10.00[min] W. long.
    (b) The 20-fm (37-m) depth contour between the U.S. border with 
Canada and 42[deg] N. lat. is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 48[deg]23.90[min] N. lat., 124[deg]44.20[min] W. long.;
    (2) 48[deg]23.60[min] N. lat., 124[deg]44.90[min] W. long.;
    (3) 48[deg]18.60[min] N. lat., 124[deg]43.60[min] W. long.;
    (4) 48[deg]18.60[min] N. lat., 124[deg]48.20[min] W. long.;
    (5) 48[deg]10.00[min] N. lat., 124[deg]48.80[min] W. long.;
    (6) 48[deg]02.40[min] N. lat., 124[deg]49.30[min] W. long.;
    (7) 47[deg]37.60[min] N. lat., 124[deg]34.30[min] W. long.;
    (8) 47[deg]31.70[min] N. lat., 124[deg]32.40[min] W. long.;
    (9) 47[deg]17.90[min] N. lat., 124[deg]25.00[min] W. long.;
    (10) 46[deg]58.80[min] N. lat., 124[deg]18.30[min] W. long.;
    (11) 46[deg]47.40[min] N. lat., 124[deg]12.70[min] W. long.;
    (12) 46[deg]38.17[min] N. lat., 124[deg]12.40[min] W. long.;
    (13) 46[deg]16.00[min] N. lat., 124[deg]11.50[min] W. long.;
    (14) 46[deg]16.01[min] N. lat., 124[deg]11.56[min] W. long.;
    (15) 46[deg]15.09[min] N. lat., 124[deg]11.33[min] W. long.;
    (16) 46[deg]11.94[min] N. lat., 124[deg]08.51[min] W. long.;
    (17) 46[deg]08.02[min] N. lat., 124[deg]04.06[min] W. long.;
    (18) 46[deg]05.05[min] N. lat., 124[deg]02.13[min] W. long.;
    (19) 46[deg]02.19[min] N. lat., 124[deg]01.35[min] W. long.;
    (20) 45[deg]58.28[min] N. lat., 124[deg]01.70[min] W. long.;
    (21) 45[deg]55.64[min] N. lat., 124[deg]01.16[min] W. long.;
    (22) 45[deg]52.61[min] N. lat., 124[deg]00.33[min] W. long.;
    (23) 45[deg]48.43[min] N. lat., 124[deg]00.65[min] W. long.;
    (24) 45[deg]46.59[min] N. lat., 124[deg]00.79[min] W. long.;
    (25) 45[deg]45.00[min] N. lat., 124[deg]00.54[min] W. long.;
    (26) 45[deg]46.00[min] N. lat., 124[deg]00.53[min] W. long.;
    (27) 45[deg]44.75[min] N. lat., 123[deg]59.92[min] W. long.;
    (28) 45[deg]44.57[min] N. lat., 123[deg]59.64[min] W. long.;
    (29) 45[deg]41.86[min] N. lat., 123[deg]58.82[min] W. long.;
    (30) 45[deg]36.40[min] N. lat., 123[deg]59.42[min] W. long.;
    (31) 45[deg]34.10[min] N. lat., 123[deg]59.90[min] W. long.;
    (32) 45[deg]32.81[min] N. lat., 124[deg]00.35[min] W. long.;
    (33) 45[deg]29.87[min] N. lat., 124[deg]00.98[min] W. long.;
    (34) 45[deg]27.49[min] N. lat., 124[deg]00.79[min] W. long.;
    (35) 45[deg]25.37[min] N. lat., 124[deg]00.73[min] W. long.;
    (36) 45[deg]22.06[min] N. lat., 124[deg]01.66[min] W. long.;
    (37) 45[deg]17.27[min] N. lat., 124[deg]00.76[min] W. long.;
    (38) 45[deg]14.09[min] N. lat., 124[deg]00.75[min] W. long.;
    (39) 45[deg]12.50[min] N. lat., 124[deg]00.53[min] W. long.;
    (40) 45[deg]11.92[min] N. lat., 124[deg]01.62[min] W. long.;
    (41) 45[deg]11.02[min] N. lat., 124[deg]00.60[min] W. long.;
    (42) 45[deg]10.08[min] N. lat., 124[deg]00.58[min] W. long.;
    (43) 45[deg]05.51[min] N. lat., 124[deg]02.15[min] W. long.;
    (44) 45[deg]03.83[min] N. lat., 124[deg]02.55[min] W. long.;
    (45) 45[deg]01.03[min] N. lat., 124[deg]03.22[min] W. long.;
    (46) 44[deg]57.98[min] N. lat., 124[deg]04.29[min] W. long.;
    (47) 44[deg]55.37[min] N. lat., 124[deg]04.39[min] W. long.;
    (48) 44[deg]51.56[min] N. lat., 124[deg]05.54[min] W. long.;
    (49) 44[deg]45.24[min] N. lat., 124[deg]06.47[min] W. long.;
    (50) 44[deg]42.69[min] N. lat., 124[deg]06.73[min] W. long.;
    (51) 44[deg]33.86[min] N. lat., 124[deg]07.43[min] W. long.;
    (52) 44[deg]29.78[min] N. lat., 124[deg]07.62[min] W. long.;
    (53) 44[deg]28.53[min] N. lat., 124[deg]07.93[min] W. long.;
    (54) 44[deg]23.71[min] N. lat., 124[deg]08.30[min] W. long.;
    (55) 44[deg]21.75[min] N. lat., 124[deg]08.79[min] W. long.;
    (56) 44[deg]20.99[min] N. lat., 124[deg]08.48[min] W. long.;
    (57) 44[deg]17.29[min] N. lat., 124[deg]08.82[min] W. long.;
    (58) 44[deg]11.90[min] N. lat., 124[deg]09.44[min] W. long.;
    (59) 44[deg]03.25[min] N. lat., 124[deg]10.33[min] W. long.;
    (60) 43[deg]52.69[min] N. lat., 124[deg]12.01[min] W. long.;
    (61) 43[deg]42.94[min] N. lat., 124[deg]13.88[min] W. long.;
    (62) 43[deg]41.44[min] N. lat., 124[deg]14.47[min] W. long.;
    (63) 43[deg]36.60[min] N. lat., 124[deg]14.92[min] W. long.;
    (64) 43[deg]29.85[min] N. lat., 124[deg]17.35[min] W. long.;
    (65) 43[deg]25.00[min] N. lat., 124[deg]20.84[min] W. long.;
    (66) 43[deg]21.61[min] N. lat., 124[deg]24.09[min] W. long.;
    (67) 43[deg]20.83[min] N. lat., 124[deg]24.74[min] W. long.;
    (68) 43[deg]20.51[min] N. lat., 124[deg]25.01[min] W. long.;
    (69) 43[deg]19.33[min] N. lat., 124[deg]25.43[min] W. long.;
    (70) 43[deg]16.18[min] N. lat., 124[deg]26.02[min] W. long.;
    (71) 43[deg]14.39[min] N. lat., 124[deg]26.17[min] W. long.;
    (72) 43[deg]13.94[min] N. lat., 124[deg]26.72[min] W. long.;
    (73) 43[deg]13.39[min] N. lat., 124[deg]26.41[min] W. long.;
    (74) 43[deg]11.39[min] N. lat., 124[deg]26.90[min] W. long.;
    (75) 43[deg]10.06[min] N. lat., 124[deg]28.24[min] W. long.;
    (76) 43[deg]07.48[min] N. lat., 124[deg]28.65[min] W. long.;
    (77) 43[deg]06.67[min] N. lat., 124[deg]28.63[min] W. long.;
    (78) 43[deg]06.43[min] N. lat., 124[deg]28.22[min] W. long.;
    (79) 43[deg]03.09[min] N. lat., 124[deg]28.52[min] W. long.;
    (80) 42[deg]57.55[min] N. lat., 124[deg]30.74[min] W. long.;
    (81) 42[deg]52.91[min] N. lat., 124[deg]35.03[min] W. long.;
    (82) 42[deg]51.58[min] N. lat., 124[deg]36.43[min] W. long.;
    (83) 42[deg]50.00[min] N. lat., 124[deg]37.13[min] W. long.;
    (84) 42[deg]49.85[min] N. lat., 124[deg]37.20[min] W. long.;
    (85) 42[deg]46.07[min] N. lat., 124[deg]36.98[min] W. long.;
    (86) 42[deg]46.03[min] N. lat., 124[deg]34.76[min] W. long.;
    (87) 42[deg]45.37[min] N. lat., 124[deg]33.59[min] W. long.;
    (88) 42[deg]43.91[min] N. lat., 124[deg]32.14[min] W. long.;
    (89) 42[deg]41.73[min] N. lat., 124[deg]29.20[min] W. long.;
    (90) 42[deg]40.50[min] N. lat., 124[deg]28.95[min] W. long.;
    (91) 42[deg]40.49[min] N. lat., 124[deg]28.95[min] W. long.;
    (92) 42[deg]40.06[min] N. lat., 124[deg]28.94[min] W. long.;
    (93) 42[deg]39.74[min] N. lat., 124[deg]27.80[min] W. long.;
    (94) 42[deg]37.53[min] N. lat., 124[deg]26.39[min] W. long.;
    (95) 42[deg]34.33[min] N. lat., 124[deg]26.56[min] W. long.;
    (96) 42[deg]32.81[min] N. lat., 124[deg]27.55[min] W. long.;

[[Page 243]]

    (97) 42[deg]31.66[min] N. lat., 124[deg]29.58[min] W. long.;
    (98) 42[deg]30.70[min] N. lat., 124[deg]30.91[min] W. long.;
    (99) 42[deg]29.20[min] N. lat., 124[deg]31.27[min] W. long.;
    (100) 42[deg]27.52[min] N. lat., 124[deg]30.79[min] W. long.;
    (101) 42[deg]24.70[min] N. lat., 124[deg]29.65[min] W. long.;
    (102) 42[deg]23.93[min] N. lat., 124[deg]28.60[min] W. long.;
    (103) 42[deg]19.35[min] N. lat., 124[deg]27.23[min] W. long.;
    (104) 42[deg]14.87[min] N. lat., 124[deg]26.14[min] W. long.;
    (105) 42[deg]11.85[min] N. lat., 124[deg]23.78[min] W. long.;
    (106) 42[deg]08.08[min] N. lat., 124[deg]22.91[min] W. long.;
    (107) 42[deg]07.04[min] N. lat., 124[deg]22.66[min] W. long.;
    (108) 42[deg]05.17[min] N. lat., 124[deg]21.41[min] W. long.;
    (109) 42[deg]04.16[min] N. lat., 124[deg]20.55[min] W. long.;
    (110) 42[deg]02.12[min] N. lat., 124[deg]20.51[min] W. long.;
    (111) 42[deg]01.42[min] N. lat., 124[deg]20.29[min] W. long.; and
    (112) 42[deg]00.00[min] N. lat., 124[deg]19.61[min] W. long.
    (c) The 25-fm (46-m) depth contour between the Queets River, WA, and 
42[deg] N. lat. is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 47[deg]31.70[min] N. lat., 124[deg]34.70[min] W. long.;
    (2) 47[deg]25.70[min] N. lat., 124[deg]33.00[min] W. long.;
    (3) 47[deg]12.80[min] N. lat., 124[deg]26.00[min] W. long.;
    (4) 46[deg]53.00[min] N. lat., 124[deg]21.00[min] W. long.;
    (5) 46[deg]44.20[min] N. lat., 124[deg]15.00[min] W. long.;
    (6) 46[deg]38.17[min] N. lat., 124[deg]13.70[min] W. long.;
    (7) 46[deg]16.00[min] N. lat., 124[deg]12.50[min] W. long.;
    (8) 46[deg]15.99[min] N. lat., 124[deg]12.04[min] W. long.;
    (9) 46[deg]13.72[min] N. lat., 124[deg]11.04[min] W. long.;
    (10) 46[deg]09.50[min] N. lat., 124[deg]07.62[min] W. long.;
    (11) 46[deg]04.00[min] N. lat., 124[deg]03.20[min] W. long.;
    (12) 45[deg]57.61[min] N. lat., 124[deg]01.85[min] W. long.;
    (13) 45[deg]51.73[min] N. lat., 124[deg]01.06[min] W. long.;
    (14) 45[deg]47.27[min] N. lat., 124[deg]01.22[min] W. long.;
    (15) 45[deg]46.00[min] N. lat., 124[deg]00.94[min] W. long.;
    (16) 45[deg]43.19[min] N. lat., 124[deg]00.32[min] W. long.;
    (17) 45[deg]36.11[min] N. lat., 124[deg]00.38[min] W. long.;
    (18) 45[deg]32.95[min] N. lat., 124[deg]01.38[min] W. long.;
    (19) 45[deg]27.47[min] N. lat., 124[deg]01.46[min] W. long.;
    (20) 45[deg]23.18[min] N. lat., 124[deg]01.94[min] W. long.;
    (21) 45[deg]19.04[min] N. lat., 124[deg]01.29[min] W. long.;
    (22) 45[deg]16.79[min] N. lat., 124[deg]01.90[min] W. long.;
    (23) 45[deg]13.54[min] N. lat., 124[deg]01.64[min] W. long.;
    (24) 45[deg]09.56[min] N. lat., 124[deg]01.94[min] W. long.;
    (25) 45[deg]06.15[min] N. lat., 124[deg]02.38[min] W. long.;
    (26) 45[deg]03.83[min] N. lat., 124[deg]02.96[min] W. long.;
    (27) 45[deg]00.77[min] N. lat., 124[deg]03.72[min] W. long.;
    (28) 44[deg]49.08[min] N. lat., 124[deg]06.49[min] W. long.;
    (29) 44[deg]40.06[min] N. lat., 124[deg]08.14[min] W. long.;
    (30) 44[deg]36.64[min] N. lat., 124[deg]08.51[min] W. long.;
    (31) 44[deg]29.41[min] N. lat., 124[deg]09.24[min] W. long.;
    (32) 44[deg]25.18[min] N. lat., 124[deg]09.37[min] W. long.;
    (33) 44[deg]16.34[min] N. lat., 124[deg]10.30[min] W. long.;
    (34) 44[deg]12.16[min] N. lat., 124[deg]10.82[min] W. long.;
    (35) 44[deg]06.59[min] N. lat., 124[deg]11.00[min] W. long.;
    (36) 44[deg]02.09[min] N. lat., 124[deg]11.24[min] W. long.;
    (37) 43[deg]57.82[min] N. lat., 124[deg]11.60[min] W. long.;
    (38) 43[deg]53.44[min] N. lat., 124[deg]12.34[min] W. long.;
    (39) 43[deg]49.19[min] N. lat., 124[deg]13.08[min] W. long.;
    (40) 43[deg]45.19[min] N. lat., 124[deg]13.73[min] W. long.;
    (41) 43[deg]41.22[min] N. lat., 124[deg]14.59[min] W. long.;
    (42) 43[deg]37.52[min] N. lat., 124[deg]15.05[min] W. long.;
    (43) 43[deg]33.97[min] N. lat., 124[deg]16.00[min] W. long.;
    (44) 43[deg]29.72[min] N. lat., 124[deg]17.78[min] W. long.;
    (45) 43[deg]27.63[min] N. lat., 124[deg]19.11[min] W. long.;
    (46) 43[deg]20.83[min] N. lat., 124[deg]25.24[min] W. long.;
    (47) 43[deg]20.66[min] N. lat., 124[deg]25.39[min] W. long.;
    (48) 43[deg]15.57[min] N. lat., 124[deg]26.86[min] W. long.;
    (49) 43[deg]06.88[min] N. lat., 124[deg]29.30[min] W. long.;
    (50) 43[deg]03.37[min] N. lat., 124[deg]29.06[min] W. long.;
    (51) 43[deg]01.03[min] N. lat., 124[deg]29.41[min] W. long.;
    (52) 42[deg]56.59[min] N. lat., 124[deg]31.93[min] W. long.;
    (53) 42[deg]54.08[min] N. lat., 124[deg]34.55[min] W. long.;
    (54) 42[deg]51.16[min] N. lat., 124[deg]37.02[min] W. long.;
    (55) 42[deg]50.00[min] N. lat., 124[deg]36.41[min] W. long.;
    (56) 42[deg]49.27[min] N. lat., 124[deg]37.73[min] W. long.;
    (57) 42[deg]46.02[min] N. lat., 124[deg]37.54[min] W. long.;
    (58) 42[deg]45.76[min] N. lat., 124[deg]35.68[min] W. long.;
    (59) 42[deg]42.25[min] N. lat., 124[deg]30.47[min] W. long.;
    (60) 42[deg]40.51[min] N. lat., 124[deg]29.00[min] W. long.;
    (61) 42[deg]40.00[min] N. lat., 124[deg]29.01[min] W. long.;
    (62) 42[deg]39.64[min] N. lat., 124[deg]28.28[min] W. long.;
    (63) 42[deg]38.80[min] N. lat., 124[deg]27.57[min] W. long.;
    (64) 42[deg]35.42[min] N. lat., 124[deg]26.77[min] W. long.;
    (65) 42[deg]33.13[min] N. lat., 124[deg]29.06[min] W. long.;
    (66) 42[deg]31.44[min] N. lat., 124[deg]30.71[min] W. long.;
    (67) 42[deg]29.03[min] N. lat., 124[deg]31.71[min] W. long.;
    (68) 42[deg]24.98[min] N. lat., 124[deg]29.95[min] W. long.;
    (69) 42[deg]20.05[min] N. lat., 124[deg]28.16[min] W. long.;
    (70) 42[deg]14.24[min] N. lat., 124[deg]26.03[min] W. long.;
    (71) 42[deg]10.23[min] N. lat., 124[deg]23.93[min] W. long.;
    (72) 42[deg]06.20[min] N. lat., 124[deg]22.70[min] W. long.;
    (73) 42[deg]04.66[min] N. lat., 124[deg]21.49[min] W. long.;
    (74) 42[deg]00.00[min] N. lat., 124[deg]20.80[min] W. long.;
    (d) The 25-fm (46-m) depth contour between the Queets River, WA, and 
42[deg] N. lat., modified to reduce impacts on canary and yelloweye 
rockfish by shifting the line shoreward in the area between 
47[deg]31.70[min] N. lat. and 46[deg]44.18[min] N. lat., is defined by 
straight lines connecting all of the following points in the order 
stated:
    (1) 47[deg]31.70[min] N. lat., 124[deg]34.66[min] W. long.;

[[Page 244]]

    (2) 47[deg]25.67[min] N. lat., 124[deg]32.78[min] W. long.;
    (3) 47[deg]12.82[min] N. lat., 124[deg]26.00[min] W. long.;
    (4) 46[deg]52.94[min] N. lat., 124[deg]18.94[min] W. long.;
    (5) 46[deg]44.18[min] N. lat., 124[deg]14.89[min] W. long.;
    (6) 46[deg]38.17[min] N. lat., 124[deg]13.70[min] W. long.;
    (7) 46[deg]16.00[min] N. lat., 124[deg]12.50[min] W. long.;
    (8) 46[deg]15.99[min] N. lat., 124[deg]12.04[min] W. long.;
    (9) 46[deg]13.72[min] N. lat., 124[deg]11.04[min] W. long.;
    (10) 46[deg]09.50[min] N. lat., 124[deg]07.62[min] W. long.;
    (11) 46[deg]04.00[min] N. lat., 124[deg]03.20[min] W. long.;
    (12) 45[deg]57.61[min] N. lat., 124[deg]01.85[min] W. long.;
    (13) 45[deg]51.73[min] N. lat., 124[deg]01.06[min] W. long.;
    (14) 45[deg]47.27[min] N. lat., 124[deg]01.22[min] W. long.;
    (15) 45[deg]46.00[min] N. lat., 124[deg]00.94[min] W. long.;
    (16) 45[deg]43.19[min] N. lat., 124[deg]00.32[min] W. long.;
    (17) 45[deg]36.11[min] N. lat., 124[deg]00.38[min] W. long.;
    (18) 45[deg]32.95[min] N. lat., 124[deg]01.38[min] W. long.;
    (19) 45[deg]27.47[min] N. lat., 124[deg]01.46[min] W. long.;
    (20) 45[deg]23.18[min] N. lat., 124[deg]01.94[min] W. long.;
    (21) 45[deg]19.04[min] N. lat., 124[deg]01.29[min] W. long.;
    (22) 45[deg]16.79[min] N. lat., 124[deg]01.90[min] W. long.;
    (23) 45[deg]13.54[min] N. lat., 124[deg]01.64[min] W. long.;
    (24) 45[deg]09.56[min] N. lat., 124[deg]01.94[min] W. long.;
    (25) 45[deg]06.15[min] N. lat., 124[deg]02.38[min] W. long.;
    (26) 45[deg]03.83[min] N. lat., 124[deg]02.96[min] W. long.;
    (27) 45[deg]00.77[min] N. lat., 124[deg]03.72[min] W. long.;
    (28) 44[deg]49.08[min] N. lat., 124[deg]06.49[min] W. long.;
    (29) 44[deg]40.06[min] N. lat., 124[deg]08.14[min] W. long.;
    (30) 44[deg]36.64[min] N. lat., 124[deg]08.51[min] W. long.;
    (31) 44[deg]29.41[min] N. lat., 124[deg]09.24[min] W. long.;
    (32) 44[deg]25.18[min] N. lat., 124[deg]09.37[min] W. long.;
    (33) 44[deg]16.34[min] N. lat., 124[deg]10.30[min] W. long.;
    (34) 44[deg]12.16[min] N. lat., 124[deg]10.82[min] W. long.;
    (35) 44[deg]06.59[min] N. lat., 124[deg]11.00[min] W. long.;
    (36) 44[deg]02.09[min] N. lat., 124[deg]11.24[min] W. long.;
    (37) 43[deg]57.82[min] N. lat., 124[deg]11.60[min] W. long.;
    (38) 43[deg]53.44[min] N. lat., 124[deg]12.34[min] W. long.;
    (39) 43[deg]49.19[min] N. lat., 124[deg]13.08[min] W. long.;
    (40) 43[deg]45.19[min] N. lat., 124[deg]13.73[min] W. long.;
    (41) 43[deg]41.22[min] N. lat., 124[deg]14.59[min] W. long.;
    (42) 43[deg]37.52[min] N. lat., 124[deg]15.05[min] W. long.;
    (43) 43[deg]33.97[min] N. lat., 124[deg]16.00[min] W. long.;
    (44) 43[deg]29.72[min] N. lat., 124[deg]17.78[min] W. long.;
    (45) 43[deg]27.63[min] N. lat., 124[deg]19.11[min] W. long.;
    (46) 43[deg]20.83[min] N. lat., 124[deg]25.24[min] W. long.;
    (47) 43[deg]20.66[min] N. lat., 124[deg]25.39[min] W. long.;
    (48) 43[deg]15.57[min] N. lat., 124[deg]26.86[min] W. long.;
    (49) 43[deg]06.88[min] N. lat., 124[deg]29.30[min] W. long.;
    (50) 43[deg]03.37[min] N. lat., 124[deg]29.06[min] W. long.;
    (51) 43[deg]01.03[min] N. lat., 124[deg]29.41[min] W. long.;
    (52) 42[deg]56.59[min] N. lat., 124[deg]31.93[min] W. long.;
    (53) 42[deg]54.08[min] N. lat., 124[deg]34.55[min] W. long.;
    (54) 42[deg]51.16[min] N. lat., 124[deg]37.02[min] W. long.;
    (55) 42[deg]50.00[min] N. lat., 124[deg]36.41[min] W. long.;
    (56) 42[deg]49.27[min] N. lat., 124[deg]37.73[min] W. long.;
    (57) 42[deg]46.02[min] N. lat., 124[deg]37.54[min] W. long.;
    (58) 42[deg]45.76[min] N. lat., 124[deg]35.68[min] W. long.;
    (59) 42[deg]42.25[min] N. lat., 124[deg]30.47[min] W. long.;
    (60) 42[deg]40.51[min] N. lat., 124[deg]29.00[min] W. long.;
    (61) 42[deg]40.00[min] N. lat., 124[deg]29.01[min] W. long.;
    (62) 42[deg]39.64[min] N. lat., 124[deg]28.28[min] W. long.;
    (63) 42[deg]38.80[min] N. lat., 124[deg]27.57[min] W. long.;
    (64) 42[deg]35.42[min] N. lat., 124[deg]26.77[min] W. long.;
    (65) 42[deg]33.13[min] N. lat., 124[deg]29.06[min] W. long.;
    (66) 42[deg]31.44[min] N. lat., 124[deg]30.71[min] W. long.;
    (67) 42[deg]29.03[min] N. lat., 124[deg]31.71[min] W. long.;
    (68) 42[deg]24.98[min] N. lat., 124[deg]29.95[min] W. long.;
    (69) 42[deg]20.05[min] N. lat., 124[deg]28.16[min] W. long.;
    (70) 42[deg]14.24[min] N. lat., 124[deg]26.03[min] W. long.;
    (71) 42[deg]10.23[min] N. lat., 124[deg]23.93[min] W. long.;
    (72) 42[deg]06.20[min] N. lat., 124[deg]22.70[min] W. long.;
    (73) 42[deg]04.66[min] N. lat., 124[deg]21.49[min] W. long.; and
    (74) 42[deg]00.00[min] N. lat., 124[deg]20.80[min] W. long.
    (e) The 30-fm (55-m) depth contour between the U.S. border with 
Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]24.79[min] N. lat., 124[deg]44.07[min] W. long.;
    (2) 48[deg]24.80[min] N. lat., 124[deg]44.74[min] W. long.;
    (3) 48[deg]23.94[min] N. lat., 124[deg]44.70[min] W. long.;
    (4) 48[deg]23.51[min] N. lat., 124[deg]45.01[min] W. long.;
    (5) 48[deg]22.59[min] N. lat., 124[deg]44.97[min] W. long.;
    (6) 48[deg]21.75[min] N. lat., 124[deg]45.26[min] W. long.;
    (7) 48[deg]21.23[min] N. lat., 124[deg]47.78[min] W. long.;
    (8) 48[deg]20.32[min] N. lat., 124[deg]49.53[min] W. long.;
    (9) 48[deg]16.72[min] N. lat., 124[deg]51.58[min] W. long.;
    (10) 48[deg]10.00[min] N. lat., 124[deg]52.58[min] W. long.;
    (11) 48[deg]05.63[min] N. lat., 124[deg]52.91[min] W. long.;
    (12) 47[deg]53.37[min] N. lat., 124[deg]47.37[min] W. long.;
    (13) 47[deg]40.28[min] N. lat., 124[deg]40.07[min] W. long.;
    (14) 47[deg]31.70[min] N. lat., 124[deg]37.03[min] W. long.;
    (15) 47[deg]25.67[min] N. lat., 124[deg]34.79[min] W. long.;
    (16) 47[deg]12.82[min] N. lat., 124[deg]29.12[min] W. long.;
    (17) 46[deg]52.94[min] N. lat., 124[deg]22.58[min] W. long.;
    (18) 46[deg]44.18[min] N. lat., 124[deg]18.00[min] W. long.;
    (19) 46[deg]38.17[min] N. lat., 124[deg]15.88[min] W. long.;
    (20) 46[deg]29.53[min] N. lat., 124[deg]15.89[min] W. long.;
    (21) 46[deg]19.27[min] N. lat., 124[deg]14.15[min] W. long.;
    (22) 46[deg]16.00[min] N. lat., 124[deg]13.04[min] W. long.;
    (23) 46[deg]07.00[min] N. lat., 124[deg]07.01[min] W. long.;
    (24) 45[deg]55.95[min] N. lat., 124[deg]02.23[min] W. long.;
    (25) 45[deg]54.53[min] N. lat., 124[deg]02.57[min] W. long.;
    (26) 45[deg]50.65[min] N. lat., 124[deg]01.62[min] W. long.;
    (27) 45[deg]48.20[min] N. lat., 124[deg]02.16[min] W. long.;
    (28) 45[deg]46.00[min] N. lat., 124[deg]01.86[min] W. long.;
    (29) 45[deg]43.46[min] N. lat., 124[deg]01.28[min] W. long.;
    (30) 45[deg]40.48[min] N. lat., 124[deg]01.03[min] W. long.;
    (31) 45[deg]39.04[min] N. lat., 124[deg]01.68[min] W. long.;
    (32) 45[deg]35.48[min] N. lat., 124[deg]01.90[min] W. long.;
    (33) 45[deg]29.81[min] N. lat., 124[deg]02.45[min] W. long.;
    (34) 45[deg]27.97[min] N. lat., 124[deg]01.90[min] W. long.;
    (35) 45[deg]27.22[min] N. lat., 124[deg]02.66[min] W. long.;
    (36) 45[deg]24.20[min] N. lat., 124[deg]02.94[min] W. long.;
    (37) 45[deg]20.60[min] N. lat., 124[deg]01.74[min] W. long.;
    (38) 45[deg]20.25[min] N. lat., 124[deg]01.85[min] W. long.;

[[Page 245]]

    (39) 45[deg]16.44[min] N. lat., 124[deg]03.22[min] W. long.;
    (40) 45[deg]13.63[min] N. lat., 124[deg]02.69[min] W. long.;
    (41) 45[deg]11.05[min] N. lat., 124[deg]03.59[min] W. long.;
    (42) 45[deg]08.55[min] N. lat., 124[deg]03.47[min] W. long.;
    (43) 45[deg]03.82[min] N. lat., 124[deg]04.43[min] W. long.;
    (44) 45[deg]02.81[min] N. lat., 124[deg]04.64[min] W. long.;
    (45) 44[deg]58.06[min] N. lat., 124[deg]05.03[min] W. long.;
    (46) 44[deg]53.97[min] N. lat., 124[deg]06.92[min] W. long.;
    (47) 44[deg]48.89[min] N. lat., 124[deg]07.04[min] W. long.;
    (48) 44[deg]46.94[min] N. lat., 124[deg]08.25[min] W. long.;
    (49) 44[deg]42.72[min] N. lat., 124[deg]08.98[min] W. long.;
    (50) 44[deg]38.16[min] N. lat., 124[deg]11.48[min] W. long.;
    (51) 44[deg]33.38[min] N. lat., 124[deg]11.54[min] W. long.;
    (52) 44[deg]28.51[min] N. lat., 124[deg]12.04[min] W. long.;
    (53) 44[deg]27.65[min] N. lat., 124[deg]12.56[min] W. long.;
    (54) 44[deg]19.67[min] N. lat., 124[deg]12.37[min] W. long.;
    (55) 44[deg]10.79[min] N. lat., 124[deg]12.22[min] W. long.;
    (56) 44[deg]09.22[min] N. lat., 124[deg]12.28[min] W. long.;
    (57) 44[deg]08.30[min] N. lat., 124[deg]12.30[min] W. long.;
    (58) 44[deg]00.22[min] N. lat., 124[deg]12.80[min] W. long.;
    (59) 43[deg]51.56[min] N. lat., 124[deg]13.18[min] W. long.;
    (60) 43[deg]44.26[min] N. lat., 124[deg]14.50[min] W. long.;
    (61) 43[deg]33.82[min] N. lat., 124[deg]16.28[min] W. long.;
    (62) 43[deg]28.66[min] N. lat., 124[deg]18.72[min] W. long.;
    (63) 43[deg]23.12[min] N. lat., 124[deg]24.04[min] W. long.;
    (64) 43[deg]20.83[min] N. lat., 124[deg]25.67[min] W. long.;
    (65) 43[deg]20.48[min] N. lat., 124[deg]25.90[min] W. long.;
    (66) 43[deg]16.41[min] N. lat., 124[deg]27.52[min] W. long.;
    (67) 43[deg]14.23[min] N. lat., 124[deg]29.28[min] W. long.;
    (68) 43[deg]14.03[min] N. lat., 124[deg]28.31[min] W. long.;
    (69) 43[deg]11.92[min] N. lat., 124[deg]28.26[min] W. long.;
    (70) 43[deg]11.02[min] N. lat., 124[deg]29.11[min] W. long.;
    (71) 43[deg]10.13[min] N. lat., 124[deg]29.15[min] W. long.;
    (72) 43[deg]09.26[min] N. lat., 124[deg]31.03[min] W. long.;
    (73) 43[deg]07.73[min] N. lat., 124[deg]30.92[min] W. long.;
    (74) 43[deg]05.93[min] N. lat., 124[deg]29.64[min] W. long.;
    (75) 43[deg]01.59[min] N. lat., 124[deg]30.64[min] W. long.;
    (76) 42[deg]59.72[min] N. lat., 124[deg]31.16[min] W. long.;
    (77) 42[deg]53.75[min] N. lat., 124[deg]36.09[min] W. long.;
    (78) 42[deg]50.00[min] N. lat., 124[deg]36.41[min] W. long.;
    (79) 42[deg]50.00[min] N. lat., 124[deg]38.39[min] W. long.;
    (80) 42[deg]49.37[min] N. lat., 124[deg]38.81[min] W. long.;
    (81) 42[deg]46.42[min] N. lat., 124[deg]37.69[min] W. long.;
    (82) 42[deg]46.07[min] N. lat., 124[deg]38.56[min] W. long.;
    (83) 42[deg]45.29[min] N. lat., 124[deg]37.95[min] W. long.;
    (84) 42[deg]45.61[min] N. lat., 124[deg]36.87[min] W. long.;
    (85) 42[deg]44.27[min] N. lat., 124[deg]33.64[min] W. long.;
    (86) 42[deg]42.75[min] N. lat., 124[deg]31.84[min] W. long.;
    (87) 42[deg]40.50[min] N. lat., 124[deg]29.67[min] W. long.;
    (88) 42[deg]40.04[min] N. lat., 124[deg]29.20[min] W. long.;
    (89) 42[deg]38.09[min] N. lat., 124[deg]28.39[min] W. long.;
    (90) 42[deg]36.73[min] N. lat., 124[deg]27.54[min] W. long.;
    (91) 42[deg]36.56[min] N. lat., 124[deg]28.40[min] W. long.;
    (92) 42[deg]35.77[min] N. lat., 124[deg]28.79[min] W. long.;
    (93) 42[deg]34.03[min] N. lat., 124[deg]29.98[min] W. long.;
    (94) 42[deg]34.19[min] N. lat., 124[deg]30.58[min] W. long.;
    (95) 42[deg]31.27[min] N. lat., 124[deg]32.24[min] W. long.;
    (96) 42[deg]27.07[min] N. lat., 124[deg]32.53[min] W. long.;
    (97) 42[deg]24.21[min] N. lat., 124[deg]31.23[min] W. long.;
    (98) 42[deg]20.47[min] N. lat., 124[deg]28.87[min] W. long.;
    (99) 42[deg]14.60[min] N. lat., 124[deg]26.80[min] W. long.;
    (100) 42[deg]13.67[min] N. lat., 124[deg]26.25[min] W. long.;
    (101) 42[deg]10.90[min] N. lat., 124[deg]24.56[min] W. long.;
    (102) 42[deg]07.04[min] N. lat., 124[deg]23.35[min] W. long.;
    (103) 42[deg]02.16[min] N. lat., 124[deg]22.59[min] W. long.;
    (104) 42[deg]00.00[min] N. lat., 124[deg]21.81[min] W. long.;
    (105) 41[deg]55.75[min] N. lat., 124[deg]20.72[min] W. long.;
    (106) 41[deg]50.93[min] N. lat., 124[deg]23.76[min] W. long.;
    (107) 41[deg]42.53[min] N. lat., 124[deg]16.47[min] W. long.;
    (108) 41[deg]37.20[min] N. lat., 124[deg]17.05[min] W. long.;
    (109) 41[deg]24.58[min] N. lat., 124[deg]10.51[min] W. long.;
    (110) 41[deg]20.73[min] N. lat., 124[deg]11.73[min] W. long.;
    (111) 41[deg]17.59[min] N. lat., 124[deg]10.66[min] W. long.;
    (112) 41[deg]04.54[min] N. lat., 124[deg]14.47[min] W. long.;
    (113) 40[deg]54.26[min] N. lat., 124[deg]13.90[min] W. long.;
    (114) 40[deg]40.31[min] N. lat., 124[deg]26.24[min] W. long.;
    (115) 40[deg]34.00[min] N. lat., 124[deg]27.39[min] W. long.;
    (116) 40[deg]30.00[min] N. lat., 124[deg]31.32[min] W. long.;
    (117) 40[deg]28.89[min] N. lat., 124[deg]32.43[min] W. long.;
    (118) 40[deg]24.77[min] N. lat., 124[deg]29.51[min] W. long.;
    (119) 40[deg]22.47[min] N. lat., 124[deg]24.12[min] W. long.;
    (120) 40[deg]19.73[min] N. lat., 124[deg]23.59[min] W. long.;
    (121) 40[deg]18.64[min] N. lat., 124[deg]21.89[min] W. long.;
    (122) 40[deg]17.67[min] N. lat., 124[deg]23.07[min] W. long.;
    (123) 40[deg]15.58[min] N. lat., 124[deg]23.61[min] W. long.;
    (124) 40[deg]13.42[min] N. lat., 124[deg]22.94[min] W. long.;
    (125) 40[deg]10.00[min] N. lat., 124[deg]16.65[min] W. long.;
    (126) 40[deg]09.46[min] N. lat., 124[deg]15.28[min] W. long.;
    (127) 40[deg]08.89[min] N. lat., 124[deg]15.24[min] W. long.;

[[Page 246]]

    (128) 40[deg]06.40[min] N. lat., 124[deg]10.97[min] W. long.;
    (129) 40[deg]06.08[min] N. lat., 124[deg]09.34[min] W. long.;
    (130) 40[deg]06.64[min] N. lat., 124[deg]08.00[min] W. long.;
    (131) 40[deg]05.08[min] N. lat., 124[deg]07.57[min] W. long.;
    (132) 40[deg]04.29[min] N. lat., 124[deg]08.12[min] W. long.;
    (133) 40[deg]00.61[min] N. lat., 124[deg]07.35[min] W. long.;
    (134) 39[deg]58.60[min] N. lat., 124[deg]05.51[min] W. long.;
    (135) 39[deg]54.89[min] N. lat., 124[deg]04.67[min] W. long.;
    (136) 39[deg]53.01[min] N. lat., 124[deg]02.33[min] W. long.;
    (137) 39[deg]53.20[min] N. lat., 123[deg]58.18[min] W. long.;
    (138) 39[deg]48.45[min] N. lat., 123[deg]53.21[min] W. long.;
    (139) 39[deg]43.89[min] N. lat., 123[deg]51.75[min] W. long.;
    (140) 39[deg]39.60[min] N. lat., 123[deg]49.14[min] W. long.;
    (141) 39[deg]34.43[min] N. lat., 123[deg]48.48[min] W. long.;
    (142) 39[deg]30.63[min] N. lat., 123[deg]49.71[min] W. long.;
    (143) 39[deg]21.25[min] N. lat., 123[deg]50.54[min] W. long.;
    (144) 39[deg]08.87[min] N. lat., 123[deg]46.24[min] W. long.;
    (145) 39[deg]03.79[min] N. lat., 123[deg]43.91[min] W. long.;
    (146) 38[deg]59.65[min] N. lat., 123[deg]45.94[min] W. long.;
    (147) 38[deg]57.50[min] N. lat., 123[deg]46.28[min] W. long.;
    (148) 38[deg]56.80[min] N. lat., 123[deg]46.48[min] W. long.;
    (149) 38[deg]51.16[min] N. lat., 123[deg]41.48[min] W. long.;
    (150) 38[deg]45.77[min] N. lat., 123[deg]35.14[min] W. long.;
    (151) 38[deg]42.21[min] N. lat., 123[deg]28.17[min] W. long.;
    (152) 38[deg]34.05[min] N. lat., 123[deg]20.96[min] W. long.;
    (153) 38[deg]22.47[min] N. lat., 123[deg]07.48[min] W. long.;
    (154) 38[deg]16.52[min] N. lat., 123[deg]05.62[min] W. long.;
    (155) 38[deg]14.42[min] N. lat., 123[deg]01.91[min] W. long.;
    (156) 38[deg]08.24[min] N. lat., 122[deg]59.79[min] W. long.;
    (157) 38[deg]02.69[min] N. lat., 123[deg]01.96[min] W. long.;
    (158) 38[deg]00.00[min] N. lat., 123[deg]04.75[min] W. long.;
    (159) 37[deg]58.41[min] N. lat., 123[deg]02.93[min] W. long.;
    (160) 37[deg]58.25[min] N. lat., 122[deg]56.49[min] W. long.;
    (161) 37[deg]50.30[min] N. lat., 122[deg]52.23[min] W. long.;
    (162) 37[deg]43.36[min] N. lat., 123[deg]04.18[min] W. long.;
    (163) 37[deg]40.77[min] N. lat., 123[deg]01.62[min] W. long.;
    (164) 37[deg]40.13[min] N. lat., 122[deg]57.30[min] W. long.;
    (165) 37[deg]42.59[min] N. lat., 122[deg]53.64[min] W. long.;
    (166) 37[deg]35.67[min] N. lat., 122[deg]44.20[min] W. long.;
    (167) 37[deg]29.62[min] N. lat., 122[deg]36.00[min] W. long.;
    (168) 37[deg]22.38[min] N. lat., 122[deg]31.66[min] W. long.;
    (169) 37[deg]13.86[min] N. lat., 122[deg]28.27[min] W. long.;
    (170) 37[deg]11.00[min] N. lat., 122[deg]26.50[min] W. long.;
    (171) 37[deg]08.10[min] N. lat., 122[deg]24.75[min] W. long.;
    (172) 37[deg]07.00[min] N. lat., 122[deg]23.60[min] W. long.;
    (173) 37[deg]05.84[min] N. lat., 122[deg]22.47[min] W. long.;
    (174) 36[deg]58.77[min] N. lat., 122[deg]13.03[min] W. long.;
    (175) 36[deg]53.74[min] N. lat., 122[deg]03.39[min] W. long.;
    (176) 36[deg]52.71[min] N. lat., 122[deg]00.14[min] W. long.;
    (177) 36[deg]52.51[min] N. lat., 121[deg]56.77[min] W. long.;
    (178) 36[deg]49.44[min] N. lat., 121[deg]49.63[min] W. long.;
    (179) 36[deg]48.01[min] N. lat., 121[deg]49.92[min] W. long.;
    (180) 36[deg]48.25[min] N. lat., 121[deg]47.66[min] W. long.;
    (181) 36[deg]46.26[min] N. lat., 121[deg]51.27[min] W. long.;
    (182) 36[deg]39.14[min] N. lat., 121[deg]52.05[min] W. long.;
    (183) 36[deg]38.00[min] N. lat., 121[deg]53.57[min] W. long.;
    (184) 36[deg]39.14[min] N. lat., 121[deg]55.45[min] W. long.;
    (185) 36[deg]38.50[min] N. lat., 121[deg]57.90[min] W. long.;

[[Page 247]]

    (186) 36[deg]36.75[min] N. lat., 121[deg]59.44[min] W. long.;
    (187) 36[deg]34.97[min] N. lat., 121[deg]59.37[min] W. long.;
    (188) 36[deg]33.07[min] N. lat., 121[deg]58.32[min] W. long.;
    (189) 36[deg]33.27[min] N. lat., 121[deg]57.07[min] W. long.;
    (190) 36[deg]32.68[min] N. lat., 121[deg]57.03[min] W. long.;
    (191) 36[deg]32.04[min] N. lat., 121[deg]55.98[min] W. long.;
    (192) 36[deg]31.61[min] N. lat., 121[deg]55.72[min] W. long.;
    (193) 36[deg]31.59[min] N. lat., 121[deg]57.12[min] W. long.;
    (194) 36[deg]31.52[min] N. lat., 121[deg]57.57[min] W. long.;
    (195) 36[deg]30.88[min] N. lat., 121[deg]57.90[min] W. long.;
    (196) 36[deg]30.25[min] N. lat., 121[deg]57.37[min] W. long.;
    (197) 36[deg]29.47[min] N. lat., 121[deg]57.55[min] W. long.;
    (198) 36[deg]26.72[min] N. lat., 121[deg]56.40[min] W. long.;
    (199) 36[deg]24.33[min] N. lat., 121[deg]56.00[min] W. long.;
    (200) 36[deg]23.36[min] N. lat., 121[deg]55.45[min] W. long.;
    (201) 36[deg]18.86[min] N. lat., 121[deg]56.15[min] W. long.;
    (202) 36[deg]16.21[min] N. lat., 121[deg]54.81[min] W. long.;
    (203) 36[deg]15.30[min] N. lat., 121[deg]53.79[min] W. long.;
    (204) 36[deg]12.04[min] N. lat., 121[deg]45.38[min] W. long.;
    (205) 36[deg]11.87[min] N. lat., 121[deg]44.45[min] W. long.;
    (206) 36[deg]12.13[min] N. lat., 121[deg]44.25[min] W. long.;
    (207) 36[deg]11.89[min] N. lat., 121[deg]43.65[min] W. long.;
    (208) 36[deg]10.56[min] N. lat., 121[deg]42.62[min] W. long.;
    (209) 36[deg]09.90[min] N. lat., 121[deg]41.57[min] W. long.;
    (210) 36[deg]08.14[min] N. lat., 121[deg]40.44[min] W. long.;
    (211) 36[deg]06.69[min] N. lat., 121[deg]38.79[min] W. long.;
    (212) 36[deg]05.85[min] N. lat., 121[deg]38.47[min] W. long.;
    (213) 36[deg]03.08[min] N. lat., 121[deg]36.25[min] W. long.;
    (214) 36[deg]02.92[min] N. lat., 121[deg]35.89[min] W. long.;
    (215) 36[deg]01.53[min] N. lat., 121[deg]36.13[min] W. long.;
    (216) 36[deg]00.59[min] N. lat., 121[deg]35.40[min] W. long.;
    (217) 36[deg]00.00[min] N. lat., 121[deg]34.10[min] W. long.;
    (218) 35[deg]59.93[min] N. lat., 121[deg]33.81[min] W. long.;
    (219) 35[deg]59.69[min] N. lat., 121[deg]31.84[min] W. long.;
    (220) 35[deg]58.59[min] N. lat., 121[deg]30.30[min] W. long.;
    (221) 35[deg]54.02[min] N. lat., 121[deg]29.71[min] W. long.;
    (222) 35[deg]51.54[min] N. lat., 121[deg]27.67[min] W. long.;
    (223) 35[deg]50.42[min] N. lat., 121[deg]25.79[min] W. long.;
    (224) 35[deg]48.37[min] N. lat., 121[deg]24.29[min] W. long.;
    (225) 35[deg]47.02[min] N. lat., 121[deg]22.46[min] W. long.;
    (226) 35[deg]42.28[min] N. lat., 121[deg]21.20[min] W. long.;
    (227) 35[deg]41.57[min] N. lat., 121[deg]21.82[min] W. long.;
    (228) 35[deg]39.24[min] N. lat., 121[deg]18.84[min] W. long.;
    (229) 35[deg]35.14[min] N. lat., 121[deg]10.45[min] W. long.;
    (230) 35[deg]30.11[min] N. lat., 121[deg]05.59[min] W. long.;
    (231) 35[deg]25.86[min] N. lat., 121[deg]00.07[min] W. long.;
    (232) 35[deg]22.82[min] N. lat., 120[deg]54.68[min] W. long.;
    (233) 35[deg]17.96[min] N. lat., 120[deg]55.54[min] W. long.;
    (234) 35[deg]14.83[min] N. lat., 120[deg]55.42[min] W. long.;
    (235) 35[deg]08.87[min] N. lat., 120[deg]50.22[min] W. long.;
    (236) 35[deg]05.55[min] N. lat., 120[deg]44.89[min] W. long.;
    (237) 35[deg]02.91[min] N. lat., 120[deg]43.94[min] W. long.;
    (238) 34[deg]53.80[min] N. lat., 120[deg]43.94[min] W. long.;
    (239) 34[deg]34.89[min] N. lat., 120[deg]41.92[min] W. long.;
    (240) 34[deg]32.48[min] N. lat., 120[deg]40.05[min] W. long.;
    (241) 34[deg]30.12[min] N. lat., 120[deg]32.81[min] W. long.;
    (242) 34[deg]27.00[min] N. lat., 120[deg]30.46[min] W. long.;
    (243) 34[deg]27.00[min] N. lat., 120[deg]30.31[min] W. long.;

[[Page 248]]

    (244) 34[deg]25.84[min] N. lat., 120[deg]27.40[min] W. long.;
    (245) 34[deg]25.16[min] N. lat., 120[deg]20.18[min] W. long.;
    (246) 34[deg]25.88[min] N. lat., 120[deg]18.24[min] W. long.;
    (247) 34[deg]27.26[min] N. lat., 120[deg]12.47[min] W. long.;
    (248) 34[deg]26.27[min] N. lat., 120[deg]02.22[min] W. long.;
    (249) 34[deg]23.41[min] N. lat., 119[deg]53.40[min] W. long.;
    (250) 34[deg]23.33[min] N. lat., 119[deg]48.74[min] W. long.;
    (251) 34[deg]22.31[min] N. lat., 119[deg]41.36[min] W. long.;
    (252) 34[deg]21.72[min] N. lat., 119[deg]40.14[min] W. long.;
    (253) 34[deg]21.25[min] N. lat., 119[deg]41.18[min] W. long.;
    (254) 34[deg]20.25[min] N. lat., 119[deg]39.03[min] W. long.;
    (255) 34[deg]19.87[min] N. lat., 119[deg]33.65[min] W. long.;
    (256) 34[deg]18.67[min] N. lat., 119[deg]30.16[min] W. long.;
    (257) 34[deg]16.95[min] N. lat., 119[deg]27.90[min] W. long.;
    (258) 34[deg]13.02[min] N. lat., 119[deg]26.99[min] W. long.;
    (259) 34[deg]08.62[min] N. lat., 119[deg]20.89[min] W. long.;
    (260) 34[deg]06.95[min] N. lat., 119[deg]17.68[min] W. long.;
    (261) 34[deg]05.93[min] N. lat., 119[deg]15.17[min] W. long.;
    (262) 34[deg]08.42[min] N. lat., 119[deg]13.11[min] W. long.;
    (263) 34[deg]05.23[min] N. lat., 119[deg]13.34[min] W. long.;
    (264) 34[deg]04.98[min] N. lat., 119[deg]11.39[min] W. long.;
    (265) 34[deg]04.55[min] N. lat., 119[deg]11.09[min] W. long.;
    (266) 34[deg]04.15[min] N. lat., 119[deg]09.35[min] W. long.;
    (267) 34[deg]04.89[min] N. lat., 119[deg]07.86[min] W. long.;
    (268) 34[deg]04.08[min] N. lat., 119[deg]07.33[min] W. long.;
    (269) 34[deg]04.10[min] N. lat., 119[deg]06.89[min] W. long.;
    (270) 34[deg]05.08[min] N. lat., 119[deg]07.02[min] W. long.;
    (271) 34[deg]05.27[min] N. lat., 119[deg]04.95[min] W. long.;
    (272) 34[deg]04.51[min] N. lat., 119[deg]04.70[min] W. long.;
    (273) 34[deg]02.26[min] N. lat., 118[deg]59.88[min] W. long.;
    (274) 34[deg]01.08[min] N. lat., 118[deg]59.77[min] W. long.;
    (275) 34[deg]00.94[min] N. lat., 118[deg]51.65[min] W. long.;
    (276) 33[deg]59.77[min] N. lat., 118[deg]49.26[min] W. long.;
    (277) 34[deg]00.04[min] N. lat., 118[deg]48.92[min] W. long.;
    (278) 33[deg]59.65[min] N. lat., 118[deg]48.43[min] W. long.;
    (279) 33[deg]59.46[min] N. lat., 118[deg]47.25[min] W. long.;
    (280) 33[deg]59.80[min] N. lat., 118[deg]45.89[min] W. long.;
    (281) 34[deg]00.21[min] N. lat., 118[deg]37.64[min] W. long.;
    (282) 33[deg]59.26[min] N. lat., 118[deg]34.58[min] W. long.;
    (283) 33[deg]58.07[min] N. lat., 118[deg]33.36[min] W. long.;
    (284) 33[deg]53.76[min] N. lat., 118[deg]30.14[min] W. long.;
    (285) 33[deg]51.00[min] N. lat., 118[deg]25.19[min] W. long.;
    (286) 33[deg]50.07[min] N. lat., 118[deg]24.70[min] W. long.;
    (287) 33[deg]50.16[min] N. lat., 118[deg]23.77[min] W. long.;
    (288) 33[deg]48.80[min] N. lat., 118[deg]25.31[min] W. long.;
    (289) 33[deg]47.07[min] N. lat., 118[deg]27.07[min] W. long.;
    (290) 33[deg]46.12[min] N. lat., 118[deg]26.87[min] W. long.;
    (291) 33[deg]44.15[min] N. lat., 118[deg]25.15[min] W. long.;
    (292) 33[deg]43.54[min] N. lat., 118[deg]23.02[min] W. long.;
    (293) 33[deg]41.35[min] N. lat., 118[deg]18.86[min] W. long.;
    (294) 33[deg]39.96[min] N. lat., 118[deg]17.37[min] W. long.;
    (295) 33[deg]40.12[min] N. lat., 118[deg]16.33[min] W. long.;
    (296) 33[deg]39.28[min] N. lat., 118[deg]16.21[min] W. long.;
    (297) 33[deg]38.04[min] N. lat., 118[deg]14.86[min] W. long.;
    (298) 33[deg]36.57[min] N. lat., 118[deg]14.67[min] W. long.;
    (299) 33[deg]34.93[min] N. lat., 118[deg]10.94[min] W. long.;
    (300) 33[deg]35.14[min] N. lat., 118[deg]08.61[min] W. long.;
    (301) 33[deg]35.69[min] N. lat., 118[deg]07.68[min] W. long.;

[[Page 249]]

    (302) 33[deg]36.21[min] N. lat., 118[deg]07.53[min] W. long.;
    (303) 33[deg]36.43[min] N. lat., 118[deg]06.73[min] W. long.;
    (304) 33[deg]36.05[min] N. lat., 118[deg]06.15[min] W. long.;
    (305) 33[deg]36.32[min] N. lat., 118[deg]03.91[min] W. long.;
    (306) 33[deg]35.69[min] N. lat., 118[deg]03.64[min] W. long.;
    (307) 33[deg]34.62[min] N. lat., 118[deg]00.04[min] W. long.;
    (308) 33[deg]34.80[min] N. lat., 117[deg]57.73[min] W. long.;
    (309) 33[deg]35.57[min] N. lat., 117[deg]56.62[min] W. long.;
    (310) 33[deg]35.46[min] N. lat., 117[deg]55.99[min] W. long.;
    (311) 33[deg]35.98[min] N. lat., 117[deg]55.99[min] W. long.;
    (312) 33[deg]35.46[min] N. lat., 117[deg]55.38[min] W. long.;
    (313) 33[deg]35.21[min] N. lat., 117[deg]53.46[min] W. long.;
    (314) 33[deg]33.61[min] N. lat., 117[deg]50.45[min] W. long.;
    (315) 33[deg]31.41[min] N. lat., 117[deg]47.28[min] W. long.;
    (316) 33[deg]27.54[min] N. lat., 117[deg]44.36[min] W. long.;
    (317) 33[deg]26.63[min] N. lat., 117[deg]43.17[min] W. long.;
    (318) 33[deg]25.21[min] N. lat., 117[deg]40.90[min] W. long.;
    (319) 33[deg]20.33[min] N. lat., 117[deg]35.99[min] W. long.;
    (320) 33[deg]16.35[min] N. lat., 117[deg]31.51[min] W. long.;
    (321) 33[deg]11.53[min] N. lat., 117[deg]26.81[min] W. long.;
    (322) 33[deg]07.59[min] N. lat., 117[deg]21.13[min] W. long.;
    (323) 33[deg]02.21[min] N. lat., 117[deg]19.05[min] W. long.;
    (324) 32[deg]56.55[min] N. lat., 117[deg]17.70[min] W. long.;
    (325) 32[deg]54.61[min] N. lat., 117[deg]16.60[min] W. long.;
    (326) 32[deg]52.32[min] N. lat., 117[deg]15.97[min] W. long.;
    (327) 32[deg]51.48[min] N. lat., 117[deg]16.15[min] W. long.;
    (328) 32[deg]51.85[min] N. lat., 117[deg]17.26[min] W. long.;
    (329) 32[deg]51.55[min] N. lat., 117[deg]19.01[min] W. long.;
    (330) 32[deg]49.55[min] N. lat., 117[deg]19.63[min] W. long.;
    (331) 32[deg]46.71[min] N. lat., 117[deg]18.32[min] W. long.;
    (332) 32[deg]36.35[min] N. lat., 117[deg]15.68[min] W. long.; and
    (333) 32[deg]32.85[min] N. lat., 117[deg]15.44[min] W. long.
    (f) The 30 fm (55 m) depth contour around the Farallon Islands off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 37[deg]46.73[min] N. lat., 123[deg]6.37[min] W. long.;
    (2) 37[deg]45.79[min] N. lat., 123[deg]07.91[min] W. long.;
    (3) 37[deg]45.28[min] N. lat., 123[deg]07.75[min] W. long.;
    (4) 37[deg]44.98[min] N. lat., 123[deg]07.11[min] W. long.;
    (5) 37[deg]45.51[min] N. lat., 123[deg]06.26[min] W. long.;
    (6) 37[deg]45.14[min] N. lat., 123[deg]05.41[min] W. long.;
    (7) 37[deg]45.31[min] N. lat., 123[deg]04.82[min] W. long.;
    (8) 37[deg]46.11[min] N. lat., 123[deg]05.23[min] W. long.;
    (9) 37[deg]46.44[min] N. lat., 123[deg]05.63[min] W. long.; and
    (10) 37[deg]46.73[min] N. lat., 123[deg]06.37[min] W. long.
    (g) The 30 fm (55 m) depth contour around Noon Day Rock off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 37[deg]47.83[min] N. lat., 123[deg]10.83[min] W. long.;
    (2) 37[deg]47.51[min] N. lat., 123[deg]11.19[min] W. long.;
    (3) 37[deg]47.33[min] N. lat., 123[deg]10.68[min] W. long.;
    (4) 37[deg]47.02[min] N. lat., 123[deg]10.59[min] W. long.;
    (5) 37[deg]47.21[min] N. lat., 123[deg]09.85[min] W. long.;
    (6) 37[deg]47.56[min] N. lat., 123[deg]09.72[min] W. long.;
    (7) 37[deg]47.87[min] N. lat., 123[deg]10.26[min] W. long.; and
    (8) 37[deg]47.83[min] N. lat., 123[deg]10.83[min] W. long.
    (h) The 30 fm (55-m) depth contour around the northern Channel 
Islands of the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 34[deg]00.98[min] N. lat., 119[deg]20.46[min] W. long.;
    (2) 34[deg]00.53[min] N. lat., 119[deg]20.98[min] W. long.;
    (3) 34[deg]00.17[min] N. lat., 119[deg]21.83[min] W. long.;
    (4) 33[deg]59.65[min] N. lat., 119[deg]24.45[min] W. long.;
    (5) 33[deg]59.68[min] N. lat., 119[deg]25.20[min] W. long.;
    (6) 33[deg]59.95[min] N. lat., 119[deg]26.25[min] W. long.;
    (7) 33[deg]59.87[min] N. lat., 119[deg]27.27[min] W. long.;
    (8) 33[deg]59.55[min] N. lat., 119[deg]28.02[min] W. long.;
    (9) 33[deg]58.63[min] N. lat., 119[deg]36.48[min] W. long.;
    (10) 33[deg]57.62[min] N. lat., 119[deg]41.13[min] W. long.;
    (11) 33[deg]57.00[min] N. lat., 119[deg]42.20[min] W. long.;
    (12) 33[deg]56.93[min] N. lat., 119[deg]48.00[min] W. long.;
    (13) 33[deg]56.45[min] N. lat., 119[deg]49.12[min] W. long.;
    (14) 33[deg]58.54[min] N. lat., 119[deg]52.80[min] W. long.;
    (15) 33[deg]59.95[min] N. lat., 119[deg]54.49[min] W. long.;
    (16) 33[deg]59.83[min] N. lat., 119[deg]56.00[min] W. long.;
    (17) 33[deg]59.18[min] N. lat., 119[deg]57.17[min] W. long.;
    (18) 33[deg]57.83[min] N. lat., 119[deg]56.74[min] W. long.;

[[Page 250]]

    (19) 33[deg]55.71[min] N. lat., 119[deg]56.89[min] W. long.;
    (20) 33[deg]53.89[min] N. lat., 119[deg]57.68[min] W. long.;
    (21) 33[deg]52.93[min] N. lat., 119[deg]59.80[min] W. long.;
    (22) 33[deg]52.79[min] N. lat., 120[deg]01.81[min] W. long.;
    (23) 33[deg]52.51[min] N. lat., 120[deg]03.08[min] W. long.;
    (24) 33[deg]53.12[min] N. lat., 120[deg]04.88[min] W. long.;
    (25) 33[deg]53.12[min] N. lat., 120[deg]05.80[min] W. long.;
    (26) 33[deg]52.94[min] N. lat., 120[deg]06.50[min] W. long.;
    (27) 33[deg]54.03[min] N. lat., 120[deg]10.00[min] W. long.;
    (28) 33[deg]54.58[min] N. lat., 120[deg]11.82[min] W. long.;
    (29) 33[deg]57.08[min] N. lat., 120[deg]14.58[min] W. long.;
    (30) 33[deg]59.50[min] N. lat., 120[deg]16.72[min] W. long.;
    (31) 33[deg]59.63[min] N. lat., 120[deg]17.88[min] W. long.;
    (32) 34[deg]00.30[min] N. lat., 120[deg]19.14[min] W. long.;
    (33) 34[deg]00.02[min] N. lat., 120[deg]19.68[min] W. long.;
    (34) 34[deg]00.08[min] N. lat., 120[deg]21.73[min] W. long.;
    (35) 34[deg]00.94[min] N. lat., 120[deg]24.82[min] W. long.;
    (36) 34[deg]01.09[min] N. lat., 120[deg]27.29[min] W. long.;
    (37) 34[deg]00.96[min] N. lat., 120[deg]28.09[min] W. long.;
    (38) 34[deg]01.56[min] N. lat., 120[deg]28.71[min] W. long.;
    (39) 34[deg]01.80[min] N. lat., 120[deg]28.31[min] W. long.;
    (40) 34[deg]03.60[min] N. lat., 120[deg]28.87[min] W. long.;
    (41) 34[deg]05.20[min] N. lat., 120[deg]29.38[min] W. long.;
    (42) 34[deg]05.35[min] N. lat., 120[deg]28.20[min] W. long.;
    (43) 34[deg]05.30[min] N. lat., 120[deg]27.33[min] W. long.;
    (44) 34[deg]05.65[min] N. lat., 120[deg]26.79[min] W. long.;
    (45) 34[deg]05.69[min] N. lat., 120[deg]25.82[min] W. long.;
    (46) 34[deg]07.24[min] N. lat., 120[deg]24.98[min] W. long.;
    (47) 34[deg]06.00[min] N. lat., 120[deg]23.30[min] W. long.;
    (48) 34[deg]05.64[min] N. lat., 120[deg]21.44[min] W. long.;
    (49) 34[deg]03.61[min] N. lat., 120[deg]18.40[min] W. long.;
    (50) 34[deg]03.25[min] N. lat., 120[deg]16.64[min] W. long.;
    (51) 34[deg]04.33[min] N. lat., 120[deg]14.22[min] W. long.;
    (52) 34[deg]04.11[min] N. lat., 120[deg]11.17[min] W. long.;
    (53) 34[deg]03.72[min] N. lat., 120[deg]09.93[min] W. long.;
    (54) 34[deg]03.81[min] N. lat., 120[deg]08.96[min] W. long.;
    (55) 34[deg]03.36[min] N. lat., 120[deg]06.52[min] W. long.;
    (56) 34[deg]04.80[min] N. lat., 120[deg]04.00[min] W. long.;
    (57) 34[deg]03.48[min] N. lat., 120[deg]01.75[min] W. long.;
    (58) 34[deg]04.00[min] N. lat., 120[deg]01.00[min] W. long.;
    (59) 34[deg]03.99[min] N. lat., 120[deg]00.15[min] W. long.;
    (60) 34[deg]03.51[min] N. lat., 119[deg]59.42[min] W. long.;
    (61) 34[deg]03.79[min] N. lat., 119[deg]58.15[min] W. long.;
    (62) 34[deg]04.72[min] N. lat., 119[deg]57.61[min] W. long.;
    (63) 34[deg]05.14[min] N. lat., 119[deg]55.17[min] W. long.;
    (64) 34[deg]04.66[min] N. lat., 119[deg]51.60[min] W. long.;
    (65) 34[deg]03.79[min] N. lat., 119[deg]48.86[min] W. long.;
    (66) 34[deg]03.79[min] N. lat., 119[deg]45.46[min] W. long.;
    (67) 34[deg]03.27[min] N. lat., 119[deg]44.17[min] W. long.;
    (68) 34[deg]03.29[min] N. lat., 119[deg]43.30[min] W. long.;
    (69) 34[deg]01.71[min] N. lat., 119[deg]40.83[min] W. long.;
    (70) 34[deg]01.74[min] N. lat., 119[deg]37.92[min] W. long.;
    (71) 34[deg]02.07[min] N. lat., 119[deg]37.17[min] W. long.;
    (72) 34[deg]02.93[min] N. lat., 119[deg]36.52[min] W. long.;
    (73) 34[deg]03.48[min] N. lat., 119[deg]35.50[min] W. long.;
    (74) 34[deg]03.56[min] N. lat., 119[deg]32.80[min] W. long.;
    (75) 34[deg]02.72[min] N. lat., 119[deg]31.84[min] W. long.;
    (76) 34[deg]02.20[min] N. lat., 119[deg]30.53[min] W. long.;
    (77) 34[deg]01.49[min] N. lat., 119[deg]30.20[min] W. long.;
    (78) 34[deg]00.66[min] N. lat., 119[deg]28.62[min] W. long.;
    (79) 34[deg]00.66[min] N. lat., 119[deg]27.57[min] W. long.;
    (80) 34[deg]01.41[min] N. lat., 119[deg]26.91[min] W. long.;
    (81) 34[deg]00.91[min] N. lat., 119[deg]24.28[min] W. long.;
    (82) 34[deg]01.51[min] N. lat., 119[deg]22.06[min] W. long.;
    (83) 34[deg]01.41[min] N. lat., 119[deg]20.61[min] W. long.; and
    (84) 34[deg]00.98[min] N. lat., 119[deg]20.46[min] W. long.
    (i) The 30 fm (55 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]03.37[min] N. lat., 118[deg]37.76[min] W. long.;
    (2) 33[deg]02.72[min] N. lat., 118[deg]38.12[min] W. long.;
    (3) 33[deg]02.18[min] N. lat., 118[deg]37.46[min] W. long.;
    (4) 33[deg]00.66[min] N. lat., 118[deg]37.36[min] W. long.;
    (5) 33[deg]00.08[min] N. lat., 118[deg]36.94[min] W. long.;
    (6) 33[deg]00.11[min] N. lat., 118[deg]36.00[min] W. long.;
    (7) 32[deg]58.02[min] N. lat., 118[deg]35.41[min] W. long.;
    (8) 32[deg]56.00[min] N. lat., 118[deg]33.59[min] W. long.;
    (9) 32[deg]54.76[min] N. lat., 118[deg]33.58[min] W. long.;
    (10) 32[deg]53.97[min] N. lat., 118[deg]32.45[min] W. long.;
    (11) 32[deg]51.18[min] N. lat., 118[deg]30.83[min] W. long.;
    (12) 32[deg]50.00[min] N. lat., 118[deg]29.68[min] W. long.;
    (13) 32[deg]49.72[min] N. lat., 118[deg]28.33[min] W. long.;
    (14) 32[deg]47.88[min] N. lat., 118[deg]26.90[min] W. long.;
    (15) 32[deg]47.30[min] N. lat., 118[deg]25.73[min] W. long.;
    (16) 32[deg]47.28[min] N. lat., 118[deg]24.83[min] W. long.;
    (17) 32[deg]48.12[min] N. lat., 118[deg]24.33[min] W. long.;
    (18) 32[deg]48.74[min] N. lat., 118[deg]23.39[min] W. long.;
    (19) 32[deg]48.69[min] N. lat., 118[deg]21.75[min] W. long.;
    (20) 32[deg]49.06[min] N. lat., 118[deg]20.53[min] W. long.;
    (21) 32[deg]50.28[min] N. lat., 118[deg]21.90[min] W. long.;
    (22) 32[deg]51.73[min] N. lat., 118[deg]23.86[min] W. long.;
    (23) 32[deg]52.79[min] N. lat., 118[deg]25.08[min] W. long.;
    (24) 32[deg]54.03[min] N. lat., 118[deg]26.83[min] W. long.;
    (25) 32[deg]54.70[min] N. lat., 118[deg]27.55[min] W. long.;
    (26) 32[deg]55.49[min] N. lat., 118[deg]29.04[min] W. long.;
    (27) 32[deg]59.58[min] N. lat., 118[deg]32.51[min] W. long.;
    (28) 32[deg]59.89[min] N. lat., 118[deg]32.52[min] W. long.;
    (29) 33[deg]00.29[min] N. lat., 118[deg]32.73[min] W. long.;
    (30) 33[deg]00.85[min] N. lat., 118[deg]33.50[min] W. long.;
    (31) 33[deg]01.70[min] N. lat., 118[deg]33.64[min] W. long.;
    (32) 33[deg]02.90[min] N. lat., 118[deg]35.35[min] W. long.;
    (33) 33[deg]02.61[min] N. lat., 118[deg]36.96[min] W. long.; and
    (34) 33[deg]03.37[min] N. lat., 118[deg]37.76[min] W. long.
    (j) The 30 fm (55 m) depth contour around Santa Catalina Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]19.13[min] N. lat., 118[deg]18.04[min] W. long.;
    (2) 33[deg]18.32[min] N. lat., 118[deg]18.20[min] W. long.;
    (3) 33[deg]17.82[min] N. lat., 118[deg]18.73[min] W. long.;
    (4) 33[deg]17.54[min] N. lat., 118[deg]19.52[min] W. long.;
    (5) 33[deg]17.99[min] N. lat., 118[deg]21.71[min] W. long.;
    (6) 33[deg]18.48[min] N. lat., 118[deg]22.82[min] W. long.;

[[Page 251]]

    (7) 33[deg]18.77[min] N. lat., 118[deg]26.95[min] W. long.;
    (8) 33[deg]19.69[min] N. lat., 118[deg]28.87[min] W. long.;
    (9) 33[deg]20.53[min] N. lat., 118[deg]30.52[min] W. long.;
    (10) 33[deg]20.46[min] N. lat., 118[deg]31.47[min] W. long.;
    (11) 33[deg]20.98[min] N. lat., 118[deg]31.39[min] W. long.;
    (12) 33[deg]20.81[min] N. lat., 118[deg]30.49[min] W. long.;
    (13) 33[deg]21.38[min] N. lat., 118[deg]30.07[min] W. long.;
    (14) 33[deg]23.12[min] N. lat., 118[deg]29.31[min] W. long.;
    (15) 33[deg]24.95[min] N. lat., 118[deg]29.70[min] W. long.;
    (16) 33[deg]25.39[min] N. lat., 118[deg]30.50[min] W. long.;
    (17) 33[deg]25.21[min] N. lat., 118[deg]30.79[min] W. long.;
    (18) 33[deg]25.65[min] N. lat., 118[deg]31.60[min] W. long.;
    (19) 33[deg]25.65[min] N. lat., 118[deg]32.04[min] W. long.;
    (20) 33[deg]25.94[min] N. lat., 118[deg]32.96[min] W. long.;
    (21) 33[deg]25.86[min] N. lat., 118[deg]33.49[min] W. long.;
    (22) 33[deg]26.06[min] N. lat., 118[deg]34.12[min] W. long.;
    (23) 33[deg]28.28[min] N. lat., 118[deg]36.60[min] W. long.;
    (24) 33[deg]28.83[min] N. lat., 118[deg]36.42[min] W. long.;
    (25) 33[deg]28.72[min] N. lat., 118[deg]34.93[min] W. long.;
    (26) 33[deg]28.71[min] N. lat., 118[deg]33.61[min] W. long.;
    (27) 33[deg]28.81[min] N. lat., 118[deg]32.95[min] W. long.;
    (28) 33[deg]28.73[min] N. lat., 118[deg]32.07[min] W. long.;
    (29) 33[deg]27.55[min] N. lat., 118[deg]30.14[min] W. long.;
    (30) 33[deg]27.86[min] N. lat., 118[deg]29.41[min] W. long.;
    (31) 33[deg]26.98[min] N. lat., 118[deg]29.06[min] W. long.;
    (32) 33[deg]26.96[min] N. lat., 118[deg]28.58[min] W. long.;
    (33) 33[deg]26.76[min] N. lat., 118[deg]28.40[min] W. long.;
    (34) 33[deg]26.52[min] N. lat., 118[deg]27.66[min] W. long.;
    (35) 33[deg]26.31[min] N. lat., 118[deg]27.41[min] W. long.;
    (36) 33[deg]25.09[min] N. lat., 118[deg]23.13[min] W. long.;
    (37) 33[deg]24.80[min] N. lat., 118[deg]22.86[min] W. long.;
    (38) 33[deg]24.60[min] N. lat., 118[deg]22.02[min] W. long.;
    (39) 33[deg]22.82[min] N. lat., 118[deg]21.04[min] W. long.;
    (40) 33[deg]20.23[min] N. lat., 118[deg]18.45[min] W. long.; and
    (41) 33[deg]19.13[min] N. lat., 118[deg]18.04[min] W. long.
    (k) The 40-fm (73-m) depth contour between 46[deg]16[min] N. lat. 
and the U.S. border with Mexico is defined by straight lines connecting 
all of the following points in the order stated:
    (1) 46[deg]16.00[min] N. lat., 124[deg]16.10[min] W. long.;
    (2) 46[deg]15.29[min] N. lat., 124[deg]15.60[min] W. long.;
    (3) 46[deg]11.90[min] N. lat., 124[deg]13.59[min] W. long.;
    (4) 46[deg]06.94[min] N. lat., 124[deg]10.15[min] W. long.;
    (5) 46[deg]05.33[min] N. lat., 124[deg]08.30[min] W. long.;
    (6) 45[deg]58.69[min] N. lat., 124[deg]05.60[min] W. long.;
    (7) 45[deg]57.71[min] N. lat., 124[deg]05.81[min] W. long.;
    (8) 45[deg]53.98[min] N. lat., 124[deg]05.05[min] W. long.;
    (9) 45[deg]49.75[min] N. lat., 124[deg]05.14[min] W. long.;
    (10) 45[deg]47.87[min] N. lat., 124[deg]05.16[min] W. long.;
    (11) 45[deg]47.07[min] N. lat., 124[deg]04.21[min] W. long.;
    (12) 45[deg]46.00[min] N. lat., 124[deg]04.49[min] W. long.;
    (13) 45[deg]44.34[min] N. lat., 124[deg]05.09[min] W. long.;
    (14) 45[deg]40.64[min] N. lat., 124[deg]04.90[min] W. long.;
    (15) 45[deg]33.00[min] N. lat., 124[deg]04.46[min] W. long.;
    (16) 45[deg]32.27[min] N. lat., 124[deg]04.74[min] W. long.;
    (17) 45[deg]29.26[min] N. lat., 124[deg]04.22[min] W. long.;
    (18) 45[deg]20.25[min] N. lat., 124[deg]04.67[min] W. long.;
    (19) 45[deg]19.99[min] N. lat., 124[deg]04.62[min] W. long.;
    (20) 45[deg]17.50[min] N. lat., 124[deg]04.91[min] W. long.;
    (21) 45[deg]11.29[min] N. lat., 124[deg]05.20[min] W. long.;
    (22) 45[deg]05.80[min] N. lat., 124[deg]05.40[min] W. long.;
    (23) 45[deg]05.08[min] N. lat., 124[deg]05.93[min] W. long.;
    (24) 45[deg]03.83[min] N. lat., 124[deg]06.47[min] W. long.;
    (25) 45[deg]01.70[min] N. lat., 124[deg]06.53[min] W. long.;
    (26) 44[deg]58.75[min] N. lat., 124[deg]07.14[min] W. long.;
    (27) 44[deg]51.28[min] N. lat., 124[deg]10.21[min] W. long.;
    (28) 44[deg]49.49[min] N. lat., 124[deg]10.90[min] W. long.;
    (29) 44[deg]44.96[min] N. lat., 124[deg]14.39[min] W. long.;
    (30) 44[deg]43.44[min] N. lat., 124[deg]14.78[min] W. long.;
    (31) 44[deg]42.26[min] N. lat., 124[deg]13.81[min] W. long.;
    (32) 44[deg]41.68[min] N. lat., 124[deg]15.38[min] W. long.;
    (33) 44[deg]34.87[min] N. lat., 124[deg]15.80[min] W. long.;
    (34) 44[deg]33.74[min] N. lat., 124[deg]14.44[min] W. long.;
    (35) 44[deg]27.66[min] N. lat., 124[deg]16.99[min] W. long.;
    (36) 44[deg]19.13[min] N. lat., 124[deg]19.22[min] W. long.;
    (37) 44[deg]15.35[min] N. lat., 124[deg]17.38[min] W. long.;
    (38) 44[deg]14.38[min] N. lat., 124[deg]17.78[min] W. long.;
    (39) 44[deg]12.80[min] N. lat., 124[deg]17.18[min] W. long.;
    (40) 44[deg]09.23[min] N. lat., 124[deg]15.96[min] W. long.;
    (41) 44[deg]08.38[min] N. lat., 124[deg]16.79[min] W. long.;
    (42) 44[deg]08.30[min] N. lat., 124[deg]16.75[min] W. long.;
    (43) 44[deg]01.18[min] N. lat., 124[deg]15.42[min] W. long.;
    (44) 43[deg]51.61[min] N. lat., 124[deg]14.68[min] W. long.;
    (45) 43[deg]42.66[min] N. lat., 124[deg]15.46[min] W. long.;
    (46) 43[deg]40.49[min] N. lat., 124[deg]15.74[min] W. long.;
    (47) 43[deg]38.77[min] N. lat., 124[deg]15.64[min] W. long.;
    (48) 43[deg]34.52[min] N. lat., 124[deg]16.73[min] W. long.;
    (49) 43[deg]28.82[min] N. lat., 124[deg]19.52[min] W. long.;
    (50) 43[deg]23.91[min] N. lat., 124[deg]24.28[min] W. long.;
    (51) 43[deg]20.83[min] N. lat., 124[deg]26.63[min] W. long.;
    (52) 43[deg]17.96[min] N. lat., 124[deg]28.81[min] W. long.;
    (53) 43[deg]16.75[min] N. lat., 124[deg]28.42[min] W. long.;
    (54) 43[deg]13.97[min] N. lat., 124[deg]31.99[min] W. long.;
    (55) 43[deg]13.72[min] N. lat., 124[deg]33.25[min] W. long.;
    (56) 43[deg]12.26[min] N. lat., 124[deg]34.16[min] W. long.;
    (57) 43[deg]10.96[min] N. lat., 124[deg]32.33[min] W. long.;
    (58) 43[deg]05.65[min] N. lat., 124[deg]31.52[min] W. long.;
    (59) 42[deg]59.66[min] N. lat., 124[deg]32.58[min] W. long.;
    (60) 42[deg]54.97[min] N. lat., 124[deg]36.99[min] W. long.;
    (61) 42[deg]53.81[min] N. lat., 124[deg]38.57[min] W. long.;
    (62) 42[deg]50.00[min] N. lat., 124[deg]39.68[min] W. long.;
    (63) 42[deg]49.13[min] N. lat., 124[deg]39.70[min] W. long.;
    (64) 42[deg]46.47[min] N. lat., 124[deg]38.89[min] W. long.;
    (65) 42[deg]45.74[min] N. lat., 124[deg]38.86[min] W. long.;
    (66) 42[deg]44.79[min] N. lat., 124[deg]37.96[min] W. long.;
    (67) 42[deg]45.01[min] N. lat., 124[deg]36.39[min] W. long.;
    (68) 42[deg]44.14[min] N. lat., 124[deg]35.17[min] W. long.;
    (69) 42[deg]42.14[min] N. lat., 124[deg]32.82[min] W. long.;
    (70) 42[deg]40.50[min] N. lat., 124[deg]31.98[min] W. long.;
    (71) 42[deg]38.81[min] N. lat., 124[deg]31.09[min] W. long.;
    (72) 42[deg]35.91[min] N. lat., 124[deg]31.02[min] W. long.;
    (73) 42[deg]31.34[min] N. lat., 124[deg]34.84[min] W. long.;
    (74) 42[deg]28.13[min] N. lat., 124[deg]34.84[min] W. long.;
    (75) 42[deg]26.74[min] N. lat., 124[deg]35.59[min] W. long.;
    (76) 42[deg]23.84[min] N. lat., 124[deg]34.06[min] W. long.;
    (77) 42[deg]21.68[min] N. lat., 124[deg]30.64[min] W. long.;

[[Page 252]]

    (78) 42[deg]19.62[min] N. lat., 124[deg]29.02[min] W. long.;
    (79) 42[deg]15.01[min] N. lat., 124[deg]27.72[min] W. long.;
    (80) 42[deg]13.67[min] N. lat., 124[deg]26.93[min] W. long.;
    (81) 42[deg]11.38[min] N. lat., 124[deg]25.63[min] W. long.;
    (82) 42[deg]04.66[min] N. lat., 124[deg]24.40[min] W. long.;
    (83) 42[deg]00.00[min] N. lat., 124[deg]23.55[min] W. long.;
    (84) 41[deg]51.35[min] N. lat., 124[deg]25.25[min] W. long.;
    (85) 41[deg]44.10[min] N. lat., 124[deg]19.05[min] W. long.;
    (86) 41[deg]38.00[min] N. lat., 124[deg]20.04[min] W. long.;
    (87) 41[deg]18.43[min] N. lat., 124[deg]13.48[min] W. long.;
    (88) 40[deg]55.12[min] N. lat., 124[deg]16.33[min] W. long.;
    (89) 40[deg]41.00[min] N. lat., 124[deg]27.66[min] W. long.;
    (90) 40[deg]36.71[min] N. lat., 124[deg]27.15[min] W. long.;
    (91) 40[deg]32.81[min] N. lat., 124[deg]29.42[min] W. long.;
    (92) 40[deg]30.00[min] N. lat., 124[deg]32.38[min] W. long.;
    (93) 40[deg]29.13[min] N. lat., 124[deg]33.23[min] W. long.;
    (94) 40[deg]24.55[min] N. lat., 124[deg]30.40[min] W. long.;
    (95) 40[deg]22.32[min] N. lat., 124[deg]24.19[min] W. long.;
    (96) 40[deg]19.67[min] N. lat., 124[deg]25.52[min] W. long.;
    (97) 40[deg]18.63[min] N. lat., 124[deg]22.38[min] W. long.;
    (98) 40[deg]15.21[min] N. lat., 124[deg]24.53[min] W. long.;
    (99) 40[deg]12.56[min] N. lat., 124[deg]22.69[min] W. long.;
    (100) 40[deg]10.00[min] N. lat., 124[deg]17.84[min] W. long.;
    (101) 40[deg]09.30[min] N. lat., 124[deg]15.68[min] W. long.;
    (102) 40[deg]08.31[min] N. lat., 124[deg]15.17[min] W. long.;
    (103) 40[deg]05.62[min] N. lat., 124[deg]09.80[min] W. long.;
    (104) 40[deg]06.57[min] N. lat., 124[deg]07.99[min] W. long.;
    (105) 40[deg]00.86[min] N. lat., 124[deg]08.42[min] W. long.;
    (106) 39[deg]54.79[min] N. lat., 124[deg]05.25[min] W. long.;
    (107) 39[deg]52.75[min] N. lat., 124[deg]02.62[min] W. long.;
    (108) 39[deg]52.51[min] N. lat., 123[deg]58.15[min] W. long.;
    (109) 39[deg]49.64[min] N. lat., 123[deg]54.98[min] W. long.;
    (110) 39[deg]41.46[min] N. lat., 123[deg]50.65[min] W. long.;
    (111) 39[deg]34.57[min] N. lat., 123[deg]49.24[min] W. long.;
    (112) 39[deg]22.62[min] N. lat., 123[deg]51.21[min] W. long.;
    (113) 39[deg]04.58[min] N. lat., 123[deg]45.43[min] W. long.;
    (114) 39[deg]00.45[min] N. lat., 123[deg]47.58[min] W. long.;
    (115) 38[deg]57.50[min] N. lat., 123[deg]47.27[min] W. long.;
    (116) 38[deg]55.82[min] N. lat., 123[deg]46.97[min] W. long.;
    (117) 38[deg]52.26[min] N. lat., 123[deg]44.35[min] W. long.;
    (118) 38[deg]45.41[min] N. lat., 123[deg]35.67[min] W. long.;
    (119) 38[deg]40.60[min] N. lat., 123[deg]28.22[min] W. long.;
    (120) 38[deg]21.64[min] N. lat., 123[deg]08.91[min] W. long.;
    (121) 38[deg]12.01[min] N. lat., 123[deg]03.86[min] W. long.;
    (122) 38[deg]06.16[min] N. lat., 123[deg]07.01[min] W. long.;
    (123) 38[deg]00.00[min] N. lat., 123[deg]07.05[min] W. long.;
    (124) 37[deg]51.73[min] N. lat., 122[deg]57.97[min] W. long.;
    (125) 37[deg]47.96[min] N. lat., 122[deg]59.34[min] W. long.;
    (126) 37[deg]47.37[min] N. lat., 123[deg]08.84[min] W. long.;
    (127) 37[deg]50.00[min] N. lat., 123[deg]14.38[min] W. long.;
    (128) 37[deg]39.91[min] N. lat., 123[deg]00.84[min] W. long.;
    (129) 37[deg]38.75[min] N. lat., 122[deg]52.16[min] W. long.;
    (130) 37[deg]35.67[min] N. lat., 122[deg]49.47[min] W. long.;
    (131) 37[deg]20.24[min] N. lat., 122[deg]33.82[min] W. long.;
    (132) 37[deg]11.00[min] N. lat., 122[deg]28.50[min] W. long.;
    (133) 37[deg]07.00[min] N. lat., 122[deg]26.26[min] W. long.;
    (134) 36[deg]52.04[min] N. lat., 122[deg]04.60[min] W. long.;
    (135) 36[deg]52.00[min] N. lat., 121[deg]57.41[min] W. long.;
    (136) 36[deg]49.26[min] N. lat., 121[deg]52.53[min] W. long.;
    (137) 36[deg]49.22[min] N. lat., 121[deg]49.85[min] W. long.;
    (138) 36[deg]47.87[min] N. lat., 121[deg]50.15[min] W. long.;
    (139) 36[deg]48.07[min] N. lat., 121[deg]48.21[min] W. long.;
    (140) 36[deg]45.93[min] N. lat., 121[deg]52.11[min] W. long.;
    (141) 36[deg]40.55[min] N. lat., 121[deg]52.59[min] W. long.;
    (142) 36[deg]38.93[min] N. lat., 121[deg]58.17[min] W. long.;
    (143) 36[deg]36.54[min] N. lat., 122[deg]00.18[min] W. long.;
    (144) 36[deg]32.96[min] N. lat., 121[deg]58.84[min] W. long.;
    (145) 36[deg]33.14[min] N. lat., 121[deg]57.56[min] W. long.;
    (146) 36[deg]31.81[min] N. lat., 121[deg]55.86[min] W. long.;
    (147) 36[deg]31.53[min] N. lat., 121[deg]58.09[min] W. long.;

[[Page 253]]

    (148) 36[deg]23.28[min] N. lat., 121[deg]56.10[min] W. long.;
    (149) 36[deg]17.52[min] N. lat., 121[deg]57.33[min] W. long.;
    (150) 36[deg]15.90[min] N. lat., 121[deg]57.00[min] W. long.;
    (151) 36[deg]11.06[min] N. lat., 121[deg]43.10[min] W. long.;
    (152) 36[deg]02.85[min] N. lat., 121[deg]36.21[min] W. long.;
    (153) 36[deg]01.22[min] N. lat., 121[deg]36.36[min] W. long.;
    (154) 36[deg]00.00[min] N. lat., 121[deg]34.73[min] W. long.;
    (155) 35[deg]58.67[min] N. lat., 121[deg]30.68[min] W. long.;
    (156) 35[deg]54.16[min] N. lat., 121[deg]30.21[min] W. long.;
    (157) 35[deg]46.98[min] N. lat., 121[deg]24.02[min] W. long.;
    (158) 35[deg]40.75[min] N. lat., 121[deg]21.89[min] W. long.;
    (159) 35[deg]34.36[min] N. lat., 121[deg]11.07[min] W. long.;
    (160) 35[deg]29.30[min] N. lat., 121[deg]05.74[min] W. long.;
    (161) 35[deg]22.15[min] N. lat., 120[deg]56.15[min] W. long.;
    (162) 35[deg]14.93[min] N. lat., 120[deg]56.37[min] W. long.;
    (163) 35[deg]04.06[min] N. lat., 120[deg]46.35[min] W. long.;
    (164) 34[deg]45.85[min] N. lat., 120[deg]43.96[min] W. long.;
    (165) 34[deg]37.80[min] N. lat., 120[deg]44.44[min] W. long.;
    (166) 34[deg]32.82[min] N. lat., 120[deg]42.08[min] W. long.;
    (167) 34[deg]27.00[min] N. lat., 120[deg]31.27[min] W. long.;
    (168) 34[deg]24.25[min] N. lat., 120[deg]23.33[min] W. long.;
    (169) 34[deg]26.48[min] N. lat., 120[deg]13.93[min] W. long.;
    (170) 34[deg]25.12[min] N. lat., 120[deg]03.46[min] W. long.;
    (171) 34[deg]17.58[min] N. lat., 119[deg]31.62[min] W. long.;
    (172) 34[deg]11.49[min] N. lat., 119[deg]27.30[min] W. long.;
    (173) 34[deg]05.59[min] N. lat., 119[deg]15.52[min] W. long.;
    (174) 34[deg]08.60[min] N. lat., 119[deg]12.93[min] W. long.;
    (175) 34[deg]04.81[min] N. lat., 119[deg]13.44[min] W. long.;
    (176) 34[deg]04.26[min] N. lat., 119[deg]12.39[min] W. long.;
    (177) 34[deg]03.89[min] N. lat., 119[deg]07.06[min] W. long.;
    (178) 34[deg]05.14[min] N. lat., 119[deg]05.55[min] W. long.;
    (179) 34[deg]01.27[min] N. lat., 118[deg]59.62[min] W. long.;
    (180) 33[deg]59.56[min] N. lat., 118[deg]48.21[min] W. long.;
    (181) 33[deg]59.30[min] N. lat., 118[deg]35.43[min] W. long.;
    (182) 33[deg]55.14[min] N. lat., 118[deg]32.16[min] W. long.;
    (183) 33[deg]52.95[min] N. lat., 118[deg]34.49[min] W. long.;
    (184) 33[deg]51.07[min] N. lat., 118[deg]31.50[min] W. long.;
    (185) 33[deg]52.45[min] N. lat., 118[deg]28.54[min] W. long.;
    (186) 33[deg]49.86[min] N. lat., 118[deg]24.10[min] W. long.;
    (187) 33[deg]47.14[min] N. lat., 118[deg]28.38[min] W. long.;
    (188) 33[deg]44.14[min] N. lat., 118[deg]25.18[min] W. long.;
    (189) 33[deg]41.54[min] N. lat., 118[deg]19.63[min] W. long.;
    (190) 33[deg]37.86[min] N. lat., 118[deg]15.06[min] W. long.;
    (191) 33[deg]36.58[min] N. lat., 118[deg]15.97[min] W. long.;
    (192) 33[deg]34.78[min] N. lat., 118[deg]12.60[min] W. long.;
    (193) 33[deg]34.46[min] N. lat., 118[deg]08.77[min] W. long.;
    (194) 33[deg]35.92[min] N. lat., 118[deg]07.04[min] W. long.;
    (195) 33[deg]36.06[min] N. lat., 118[deg]03.96[min] W. long.;
    (196) 33[deg]34.98[min] N. lat., 118[deg]02.74[min] W. long.;
    (197) 33[deg]34.03[min] N. lat., 117[deg]59.37[min] W. long.;
    (198) 33[deg]35.46[min] N. lat., 117[deg]55.61[min] W. long.;
    (199) 33[deg]34.97[min] N. lat., 117[deg]53.33[min] W. long.;
    (200) 33[deg]31.20[min] N. lat., 117[deg]47.40[min] W. long.;
    (201) 33[deg]27.26[min] N. lat., 117[deg]44.34[min] W. long.;
    (202) 33[deg]24.84[min] N. lat., 117[deg]40.75[min] W. long.;
    (203) 33[deg]11.45[min] N. lat., 117[deg]26.84[min] W. long.;
    (204) 33[deg]07.59[min] N. lat., 117[deg]21.46[min] W. long.;
    (205) 33[deg]01.74[min] N. lat., 117[deg]19.23[min] W. long.;

[[Page 254]]

    (206) 32[deg]56.44[min] N. lat., 117[deg]18.08[min] W. long.;
    (207) 32[deg]54.63[min] N. lat., 117[deg]16.94[min] W. long.;
    (208) 32[deg]51.67[min] N. lat., 117[deg]16.21[min] W. long.;
    (209) 32[deg]52.16[min] N. lat., 117[deg]19.41[min] W. long.;
    (210) 32[deg]46.91[min] N. lat., 117[deg]20.43[min] W. long.;
    (211) 32[deg]43.49[min] N. lat., 117[deg]18.12[min] W. long.; and
    (212) 32[deg]33.00[min] N. lat., 117[deg]16.39[min] W. long.
    (l) The 40 fm (73 m) depth contour around the northern Channel 
Islands off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 34[deg]07.88[min] N. lat., 120[deg]27.79[min] W. long.;
    (2) 34[deg]07.45[min] N. lat., 120[deg]28.26[min] W. long.;
    (3) 34[deg]07.03[min] N. lat., 120[deg]27.29[min] W. long.;
    (4) 34[deg]06.19[min] N. lat., 120[deg]28.81[min] W. long.;
    (5) 34[deg]06.44[min] N. lat., 120[deg]31.17[min] W. long.;
    (6) 34[deg]05.81[min] N. lat., 120[deg]31.97[min] W. long.;
    (7) 34[deg]03.51[min] N. lat., 120[deg]29.61[min] W. long.;
    (8) 34[deg]01.56[min] N. lat., 120[deg]28.83[min] W. long.;
    (9) 34[deg]00.81[min] N. lat., 120[deg]27.94[min] W. long.;
    (10) 33[deg]59.26[min] N. lat., 120[deg]17.95[min] W. long.;
    (11) 33[deg]54.71[min] N. lat., 120[deg]12.72[min] W. long.;
    (12) 33[deg]51.61[min] N. lat., 120[deg]02.49[min] W. long.;
    (13) 33[deg]51.68[min] N. lat., 119[deg]59.41[min] W. long.;
    (14) 33[deg]52.71[min] N. lat., 119[deg]57.25[min] W. long.;
    (15) 33[deg]55.83[min] N. lat., 119[deg]55.92[min] W. long.;
    (16) 33[deg]59.64[min] N. lat., 119[deg]56.03[min] W. long.;
    (17) 33[deg]56.30[min] N. lat., 119[deg]48.63[min] W. long.;
    (18) 33[deg]56.77[min] N. lat., 119[deg]41.87[min] W. long.;
    (19) 33[deg]58.54[min] N. lat., 119[deg]34.98[min] W. long.;
    (20) 33[deg]59.52[min] N. lat., 119[deg]24.69[min] W. long.;
    (21) 34[deg]00.24[min] N. lat., 119[deg]21.00[min] W. long.;
    (22) 34[deg]02.00[min] N. lat., 119[deg]19.57[min] W. long.;
    (23) 34[deg]01.29[min] N. lat., 119[deg]23.92[min] W. long.;
    (24) 34[deg]01.95[min] N. lat., 119[deg]28.94[min] W. long.;
    (25) 34[deg]03.90[min] N. lat., 119[deg]33.43[min] W. long.;
    (26) 34[deg]03.31[min] N. lat., 119[deg]36.51[min] W. long.;
    (27) 34[deg]02.13[min] N. lat., 119[deg]37.99[min] W. long.;
    (28) 34[deg]01.96[min] N. lat., 119[deg]40.35[min] W. long.;
    (29) 34[deg]03.52[min] N. lat., 119[deg]43.22[min] W. long.;
    (30) 34[deg]04.03[min] N. lat., 119[deg]45.66[min] W. long.;
    (31) 34[deg]04.03[min] N. lat., 119[deg]48.13[min] W. long.;
    (32) 34[deg]05.15[min] N. lat., 119[deg]52.97[min] W. long.;
    (33) 34[deg]05.47[min] N. lat., 119[deg]57.55[min] W. long.;
    (34) 34[deg]04.43[min] N. lat., 120[deg]02.29[min] W. long.;
    (35) 34[deg]05.64[min] N. lat., 120[deg]04.05[min] W. long.;
    (36) 34[deg]04.16[min] N. lat., 120[deg]07.60[min] W. long.;
    (37) 34[deg]05.04[min] N. lat., 120[deg]12.78[min] W. long.;
    (38) 34[deg]04.45[min] N. lat., 120[deg]17.78[min] W. long.;
    (39) 34[deg]07.37[min] N. lat., 120[deg]24.14[min] W. long.; and
    (40) 34[deg]07.88[min] N. lat., 120[deg]27.79[min] W. long.
    (m) The 40 fm (73 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]02.94[min] N. lat., 118[deg]38.42[min] W. long.;
    (2) 33[deg]01.79[min] N. lat., 118[deg]37.67[min] W. long.;
    (3) 33[deg]00.47[min] N. lat., 118[deg]37.65[min] W. long.;
    (4) 32[deg]59.64[min] N. lat., 118[deg]37.04[min] W. long.;
    (5) 32[deg]59.81[min] N. lat., 118[deg]36.37[min] W. long.;
    (6) 32[deg]57.84[min] N. lat., 118[deg]35.67[min] W. long.;
    (7) 32[deg]55.89[min] N. lat., 118[deg]33.88[min] W. long.;
    (8) 32[deg]54.75[min] N. lat., 118[deg]33.57[min] W. long.;
    (9) 32[deg]53.75[min] N. lat., 118[deg]32.47[min] W. long.;
    (10) 32[deg]50.36[min] N. lat., 118[deg]30.50[min] W. long.;
    (11) 32[deg]49.78[min] N. lat., 118[deg]29.65[min] W. long.;
    (12) 32[deg]49.70[min] N. lat., 118[deg]28.96[min] W. long.;
    (13) 32[deg]46.79[min] N. lat., 118[deg]25.60[min] W. long.;
    (14) 32[deg]45.24[min] N. lat., 118[deg]24.55[min] W. long.;
    (15) 32[deg]45.94[min] N. lat., 118[deg]24.12[min] W. long.;
    (16) 32[deg]46.85[min] N. lat., 118[deg]24.79[min] W. long.;
    (17) 32[deg]48.49[min] N. lat., 118[deg]23.25[min] W. long.;
    (18) 32[deg]48.80[min] N. lat., 118[deg]20.52[min] W. long.;
    (19) 32[deg]49.76[min] N. lat., 118[deg]20.98[min] W. long.;
    (20) 32[deg]55.04[min] N. lat., 118[deg]27.97[min] W. long.;
    (21) 32[deg]55.48[min] N. lat., 118[deg]29.01[min] W. long.;
    (22) 33[deg]00.35[min] N. lat., 118[deg]32.61[min] W. long.;
    (23) 33[deg]01.79[min] N. lat., 118[deg]33.66[min] W. long.;
    (24) 33[deg]02.98[min] N. lat., 118[deg]35.40[min] W. long.; and
    (25) 33[deg]02.94[min] N. lat., 118[deg]38.42[min] W. long.
    (n) The 40 fm (73 m) depth contour around Santa Catalina Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]28.90[min] N. lat., 118[deg]36.43[min] W. long.;
    (2) 33[deg]28.49[min] N. lat., 118[deg]36.70[min] W. long.;
    (3) 33[deg]28.02[min] N. lat., 118[deg]36.70[min] W. long.;
    (4) 33[deg]25.81[min] N. lat., 118[deg]33.95[min] W. long.;
    (5) 33[deg]25.78[min] N. lat., 118[deg]32.94[min] W. long.;
    (6) 33[deg]24.77[min] N. lat., 118[deg]29.99[min] W. long.;
    (7) 33[deg]23.19[min] N. lat., 118[deg]29.61[min] W. long.;
    (8) 33[deg]20.81[min] N. lat., 118[deg]30.52[min] W. long.;
    (9) 33[deg]21.06[min] N. lat., 118[deg]31.52[min] W. long.;
    (10) 33[deg]20.43[min] N. lat., 118[deg]31.62[min] W. long.;
    (11) 33[deg]20.45[min] N. lat., 118[deg]30.46[min] W. long.;
    (12) 33[deg]18.71[min] N. lat., 118[deg]27.64[min] W. long.;
    (13) 33[deg]17.36[min] N. lat., 118[deg]18.75[min] W. long.;
    (14) 33[deg]19.17[min] N. lat., 118[deg]17.56[min] W. long.;
    (15) 33[deg]22.20[min] N. lat., 118[deg]20.11[min] W. long.;
    (16) 33[deg]23.31[min] N. lat., 118[deg]20.45[min] W. long.;
    (17) 33[deg]24.71[min] N. lat., 118[deg]22.13[min] W. long.;
    (18) 33[deg]25.27[min] N. lat., 118[deg]23.30[min] W. long.;
    (19) 33[deg]26.73[min] N. lat., 118[deg]28.00[min] W. long.;
    (20) 33[deg]27.85[min] N. lat., 118[deg]29.33[min] W. long.;
    (21) 33[deg]27.91[min] N. lat., 118[deg]29.93[min] W. long.;
    (22) 33[deg]28.79[min] N. lat., 118[deg]32.16[min] W. long.; and

[[Page 255]]

    (23) 33[deg]28.90[min] N. lat., 118[deg]36.43[min] W. long.

[69 FR 77042, Dec. 23, 2004, as amended at 70 FR 16149, Mar. 30, 2005; 
71 FR 8498, Feb. 17, 2006; 71 FR 78665, Dec. 29, 2006; 72 FR 13045, Mar. 
20, 2007; 74 FR 9893, Mar. 6, 2009]



Sec. 660.392  Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.

    Boundaries for RCAs are defined by straight lines connecting a 
series of latitude/longitude coordinates. This section provides 
coordinates for the 50 fm (91 m) through 75 fm (137 m) depth contours.
    (a) The 50-fm (91-m) depth contour between the U.S. border with 
Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]22.15[min] N. lat., 124[deg]43.15[min] W. long.;
    (2) 48[deg]22.15[min] N. lat., 124[deg]49.10[min] W. long.;
    (3) 48[deg]20.03[min] N. lat., 124[deg]51.18[min] W. long.;
    (4) 48[deg]16.61[min] N. lat., 124[deg]53.72[min] W. long.;
    (5) 48[deg]14.68[min] N. lat., 124[deg]54.50[min] W. long.;
    (6) 48[deg]12.02[min] N. lat., 124[deg]55.29[min] W. long.;
    (7) 48[deg]10.00[min] N. lat., 124[deg]55.68[min] W. long.;
    (8) 48[deg]03.14[min] N. lat., 124[deg]57.02[min] W. long.;
    (9) 47[deg]56.05[min] N. lat., 124[deg]55.60[min] W. long.;
    (10) 47[deg]52.58[min] N. lat., 124[deg]54.00[min] W. long.;
    (11) 47[deg]50.18[min] N. lat., 124[deg]52.36[min] W. long.;
    (12) 47[deg]45.34[min] N. lat., 124[deg]51.07[min] W. long.;
    (13) 47[deg]40.96[min] N. lat., 124[deg]48.84[min] W. long.;
    (14) 47[deg]34.59[min] N. lat., 124[deg]46.24[min] W. long.;
    (15) 47[deg]27.86[min] N. lat., 124[deg]42.12[min] W. long.;
    (16) 47[deg]22.34[min] N. lat., 124[deg]39.43[min] W. long.;
    (17) 47[deg]17.66[min] N. lat., 124[deg]38.75[min] W. long.;
    (18) 47[deg]06.25[min] N. lat., 124[deg]39.74[min] W. long.;
    (19) 47[deg]00.43[min] N. lat., 124[deg]38.01[min] W. long.;
    (20) 46[deg]52.00[min] N. lat., 124[deg]32.44[min] W. long.;
    (21) 46[deg]38.17[min] N. lat., 124[deg]26.66[min] W. long.;
    (22) 46[deg]35.41[min] N. lat., 124[deg]25.51[min] W. long.;
    (23) 46[deg]25.43[min] N. lat., 124[deg]23.46[min] W. long.;
    (24) 46[deg]16.00[min] N. lat., 124[deg]17.32[min] W. long.;
    (25) 45[deg]50.88[min] N. lat., 124[deg]09.68[min] W. long.;
    (26) 45[deg]46.00[min] N. lat., 124[deg]09.39[min] W. long.;
    (27) 45[deg]20.25[min] N. lat., 124[deg]07.34[min] W. long.;
    (28) 45[deg]12.99[min] N. lat., 124[deg]06.71[min] W. long.;
    (29) 45[deg]03.83[min] N. lat., 124[deg]09.17[min] W. long.;
    (30) 44[deg]52.48[min] N. lat., 124[deg]11.22[min] W. long.;
    (31) 44[deg]42.41[min] N. lat., 124[deg]19.70[min] W. long.;
    (32) 44[deg]38.80[min] N. lat., 124[deg]26.58[min] W. long.;
    (33) 44[deg]23.39[min] N. lat., 124[deg]31.70[min] W. long.;
    (34) 44[deg]20.30[min] N. lat., 124[deg]38.72[min] W. long.;
    (35) 44[deg]13.52[min] N. lat., 124[deg]40.45[min] W. long.;
    (36) 44[deg]18.80[min] N. lat., 124[deg]35.48[min] W. long.;
    (37) 44[deg]19.62[min] N. lat., 124[deg]27.18[min] W. long.;
    (38) 44[deg]08.30[min] N. lat., 124[deg]22.17[min] W. long.;
    (39) 43[deg]56.65[min] N. lat., 124[deg]16.86[min] W. long.;
    (40) 43[deg]34.95[min] N. lat., 124[deg]17.47[min] W. long.;
    (41) 43[deg]20.83[min] N. lat., 124[deg]29.11[min] W. long.;
    (42) 43[deg]12.60[min] N. lat., 124[deg]35.80[min] W. long.;
    (43) 43[deg]08.96[min] N. lat., 124[deg]33.77[min] W. long.;
    (44) 42[deg]59.66[min] N. lat., 124[deg]34.79[min] W. long.;
    (45) 42[deg]54.29[min] N. lat., 124[deg]39.46[min] W. long.;
    (46) 42[deg]50.00[min] N. lat., 124[deg]39.84[min] W. long.;
    (47) 42[deg]46.50[min] N. lat., 124[deg]39.99[min] W. long.;
    (48) 42[deg]41.00[min] N. lat., 124[deg]34.92[min] W. long.;
    (49) 42[deg]40.50[min] N. lat., 124[deg]34.98[min] W. long.;
    (50) 42[deg]36.29[min] N. lat., 124[deg]34.70[min] W. long.;
    (51) 42[deg]28.36[min] N. lat., 124[deg]37.90[min] W. long.;
    (52) 42[deg]25.53[min] N. lat., 124[deg]37.68[min] W. long.;
    (53) 42[deg]18.64[min] N. lat., 124[deg]29.47[min] W. long.;
    (54) 42[deg]13.67[min] N. lat., 124[deg]27.67[min] W. long.;
    (55) 42[deg]03.04[min] N. lat., 124[deg]25.81[min] W. long.;
    (56) 42[deg]00.00[min] N. lat., 124[deg]26.21[min] W. long.;
    (57) 41[deg]57.60[min] N. lat., 124[deg]27.35[min] W. long.;
    (58) 41[deg]52.53[min] N. lat., 124[deg]26.51[min] W. long.;
    (59) 41[deg]50.17[min] N. lat., 124[deg]25.63[min] W. long.;
    (60) 41[deg]46.01[min] N. lat., 124[deg]22.16[min] W. long.;
    (61) 41[deg]26.50[min] N. lat., 124[deg]21.78[min] W. long.;
    (62) 41[deg]15.66[min] N. lat., 124[deg]16.42[min] W. long.;
    (63) 41[deg]05.45[min] N. lat., 124[deg]16.89[min] W. long.;
    (64) 40[deg]54.55[min] N. lat., 124[deg]19.53[min] W. long.;
    (65) 40[deg]42.22[min] N. lat., 124[deg]28.29[min] W. long.;
    (66) 40[deg]39.68[min] N. lat., 124[deg]28.37[min] W. long.;
    (67) 40[deg]36.76[min] N. lat., 124[deg]27.39[min] W. long.;
    (68) 40[deg]34.44[min] N. lat., 124[deg]28.89[min] W. long.;
    (69) 40[deg]32.57[min] N. lat., 124[deg]32.43[min] W. long.;
    (70) 40[deg]30.95[min] N. lat., 124[deg]33.87[min] W. long.;
    (71) 40[deg]30.00[min] N. lat., 124[deg]34.18[min] W. long.;
    (72) 40[deg]28.90[min] N. lat., 124[deg]34.59[min] W. long.;
    (73) 40[deg]24.36[min] N. lat., 124[deg]31.42[min] W. long.;
    (74) 40[deg]23.66[min] N. lat., 124[deg]28.35[min] W. long.;
    (75) 40[deg]22.54[min] N. lat., 124[deg]24.71[min] W. long.;
    (76) 40[deg]21.52[min] N. lat., 124[deg]24.86[min] W. long.;
    (77) 40[deg]21.25[min] N. lat., 124[deg]25.59[min] W. long.;
    (78) 40[deg]20.63[min] N. lat., 124[deg]26.47[min] W. long.;
    (79) 40[deg]19.18[min] N. lat., 124[deg]25.98[min] W. long.;
    (80) 40[deg]18.42[min] N. lat., 124[deg]24.77[min] W. long.;
    (81) 40[deg]18.64[min] N. lat., 124[deg]22.81[min] W. long.;
    (82) 40[deg]15.31[min] N. lat., 124[deg]25.28[min] W. long.;
    (83) 40[deg]15.37[min] N. lat., 124[deg]26.82[min] W. long.;
    (84) 40[deg]11.91[min] N. lat., 124[deg]22.68[min] W. long.;
    (85) 40[deg]10.00[min] N. lat., 124[deg]19.97[min] W. long.;
    (86) 40[deg]09.20[min] N. lat., 124[deg]15.81[min] W. long.;
    (87) 40[deg]07.51[min] N. lat., 124[deg]15.29[min] W. long.;
    (88) 40[deg]05.22[min] N. lat., 124[deg]10.06[min] W. long.;
    (89) 40[deg]06.51[min] N. lat., 124[deg]08.01[min] W. long.;
    (90) 40[deg]00.72[min] N. lat., 124[deg]08.45[min] W. long.;
    (91) 39[deg]56.60[min] N. lat., 124[deg]07.12[min] W. long.;
    (92) 39[deg]52.58[min] N. lat., 124[deg]03.57[min] W. long.;
    (93) 39[deg]50.65[min] N. lat., 123[deg]57.98[min] W. long.;
    (94) 39[deg]40.16[min] N. lat., 123[deg]52.41[min] W. long.;
    (95) 39[deg]30.12[min] N. lat., 123[deg]52.92[min] W. long.;
    (96) 39[deg]24.53[min] N. lat., 123[deg]55.16[min] W. long.;
    (97) 39[deg]11.58[min] N. lat., 123[deg]50.93[min] W. long.;

[[Page 256]]

    (98) 38[deg]57.50[min] N. lat., 123[deg]51.10[min] W. long.;
    (99) 38[deg]55.13[min] N. lat., 123[deg]51.14[min] W. long.;
    (100) 38[deg]28.58[min] N. lat., 123[deg]22.84[min] W. long.;
    (101) 38[deg]14.60[min] N. lat., 123[deg]09.92[min] W. long.;
    (102) 38[deg]01.84[min] N. lat., 123[deg]09.75[min] W. long.;
    (103) 38[deg]00.00[min] N. lat., 123[deg]09.25[min] W. long.;
    (104) 37[deg]55.24[min] N. lat., 123[deg]08.30[min] W. long.;
    (105) 37[deg]52.06[min] N. lat., 123[deg]09.19[min] W. long.;
    (106) 37[deg]50.21[min] N. lat., 123[deg]14.90[min] W. long.;
    (107) 37[deg]35.67[min] N. lat., 122[deg]55.43[min] W. long.;
    (108) 37[deg]11.00[min] N. lat., 122[deg]31.67[min] W. long.;
    (109) 37[deg]07.00[min] N. lat., 122[deg]28.00[min] W. long.;
    (110) 37[deg]03.06[min] N. lat., 122[deg]24.22[min] W. long.;
    (111) 36[deg]50.20[min] N. lat., 122[deg]03.58[min] W. long.;
    (112) 36[deg]51.46[min] N. lat., 121[deg]57.54[min] W. long.;
    (113) 36[deg]48.53[min] N. lat., 121[deg]57.84[min] W. long.;
    (114) 36[deg]48.91[min] N. lat., 121[deg]49.92[min] W. long.;
    (115) 36[deg]36.82[min] N. lat., 122[deg]00.66[min] W. long.;
    (116) 36[deg]32.89[min] N. lat., 121[deg]58.85[min] W. long.;
    (117) 36[deg]33.10[min] N. lat., 121[deg]57.56[min] W. long.;
    (118) 36[deg]31.82[min] N. lat., 121[deg]55.96[min] W. long.;
    (119) 36[deg]31.57[min] N. lat., 121[deg]58.15[min] W. long.;
    (120) 36[deg]23.15[min] N. lat., 121[deg]57.12[min] W. long.;
    (121) 36[deg]17.10[min] N. lat., 122[deg]00.53[min] W. long.;
    (122) 36[deg]10.41[min] N. lat., 121[deg]42.88[min] W. long.;
    (123) 36[deg]02.56[min] N. lat., 121[deg]36.37[min] W. long.;
    (124) 36[deg]01.11[min] N. lat., 121[deg]36.39[min] W. long.;
    (125) 36[deg]00.00[min] N. lat., 121[deg]35.15[min] W. long.;
    (126) 35[deg]58.26[min] N. lat., 121[deg]32.88[min] W. long.;
    (127) 35[deg]40.38[min] N. lat., 121[deg]22.59[min] W. long.;
    (128) 35[deg]27.74[min] N. lat., 121[deg]04.69[min] W. long.;
    (129) 35[deg]01.43[min] N. lat., 120[deg]48.01[min] W. long.;
    (130) 34[deg]37.98[min] N. lat., 120[deg]46.48[min] W. long.;
    (131) 34[deg]32.98[min] N. lat., 120[deg]43.34[min] W. long.;
    (132) 34[deg]27.00[min] N. lat., 120[deg]33.31[min] W. long.;
    (133) 34[deg]23.47[min] N. lat., 120[deg]24.76[min] W. long.;
    (134) 34[deg]25.78[min] N. lat., 120[deg]16.82[min] W. long.;
    (135) 34[deg]24.65[min] N. lat., 120[deg]04.83[min] W. long.;
    (136) 34[deg]23.18[min] N. lat., 119[deg]56.18[min] W. long.;
    (137) 34[deg]19.20[min] N. lat., 119[deg]41.64[min] W. long.;
    (138) 34[deg]16.82[min] N. lat., 119[deg]35.32[min] W. long.;
    (139) 34[deg]13.43[min] N. lat., 119[deg]32.29[min] W. long.;
    (140) 34[deg]05.39[min] N. lat., 119[deg]15.13[min] W. long.;
    (141) 34[deg]07.98[min] N. lat., 119[deg]13.43[min] W. long.;
    (142) 34[deg]07.64[min] N. lat., 119[deg]13.10[min] W. long.;
    (143) 34[deg]04.56[min] N. lat., 119[deg]13.73[min] W. long.;
    (144) 34[deg]03.90[min] N. lat., 119[deg]12.66[min] W. long.;
    (145) 34[deg]03.66[min] N. lat., 119[deg]06.82[min] W. long.;
    (146) 34[deg]04.58[min] N. lat., 119[deg]04.91[min] W. long.;
    (147) 34[deg]01.28[min] N. lat., 119[deg]00.21[min] W. long.;
    (148) 34[deg]00.19[min] N. lat., 119[deg]03.14[min] W. long.;
    (149) 33[deg]59.66[min] N. lat., 119[deg]03.10[min] W. long.;
    (150) 33[deg]59.54[min] N. lat., 119[deg]00.88[min] W. long.;
    (151) 34[deg]00.82[min] N. lat., 118[deg]59.03[min] W. long.;
    (152) 33[deg]59.11[min] N. lat., 118[deg]47.52[min] W. long.;
    (153) 33[deg]59.07[min] N. lat., 118[deg]36.33[min] W. long.;
    (154) 33[deg]55.06[min] N. lat., 118[deg]32.86[min] W. long.;
    (155) 33[deg]53.56[min] N. lat., 118[deg]37.75[min] W. long.;
    (156) 33[deg]51.22[min] N. lat., 118[deg]36.14[min] W. long.;

[[Page 257]]

    (157) 33[deg]50.48[min] N. lat., 118[deg]32.16[min] W. long.;
    (158) 33[deg]51.86[min] N. lat., 118[deg]28.71[min] W. long.;
    (159) 33[deg]50.09[min] N. lat., 118[deg]27.88[min] W. long.;
    (160) 33[deg]49.95[min] N. lat., 118[deg]26.38[min] W. long.;
    (161) 33[deg]50.73[min] N. lat., 118[deg]26.17[min] W. long.;
    (162) 33[deg]49.86[min] N. lat., 118[deg]24.25[min] W. long.;
    (163) 33[deg]48.10[min] N. lat., 118[deg]26.87[min] W. long.;
    (164) 33[deg]47.54[min] N. lat., 118[deg]29.66[min] W. long.;
    (165) 33[deg]44.10[min] N. lat., 118[deg]25.25[min] W. long.;
    (166) 33[deg]41.78[min] N. lat., 118[deg]20.28[min] W. long.;
    (167) 33[deg]38.18[min] N. lat., 118[deg]15.69[min] W. long.;
    (168) 33[deg]37.50[min] N. lat., 118[deg]16.71[min] W. long.;
    (169) 33[deg]35.98[min] N. lat., 118[deg]16.54[min] W. long.;
    (170) 33[deg]34.15[min] N. lat., 118[deg]11.22[min] W. long.;
    (171) 33[deg]34.29[min] N. lat., 118[deg]08.35[min] W. long.;
    (172) 33[deg]35.53[min] N. lat., 118[deg]06.66[min] W. long.;
    (173) 33[deg]35.93[min] N. lat., 118[deg]04.78[min] W. long.;
    (174) 33[deg]34.97[min] N. lat., 118[deg]02.91[min] W. long.;
    (175) 33[deg]33.84[min] N. lat., 117[deg]59.77[min] W. long.;
    (176) 33[deg]35.33[min] N. lat., 117[deg]55.89[min] W. long.;
    (177) 33[deg]35.05[min] N. lat., 117[deg]53.72[min] W. long.;
    (178) 33[deg]31.32[min] N. lat., 117[deg]48.01[min] W. long.;
    (179) 33[deg]27.99[min] N. lat., 117[deg]45.19[min] W. long.;
    (180) 33[deg]26.93[min] N. lat., 117[deg]44.24[min] W. long.;
    (181) 33[deg]25.46[min] N. lat., 117[deg]42.06[min] W. long.;
    (182) 33[deg]18.45[min] N. lat., 117[deg]35.73[min] W. long.;
    (183) 33[deg]10.29[min] N. lat., 117[deg]25.68[min] W. long.;
    (184) 33[deg]07.47[min] N. lat., 117[deg]21.62[min] W. long.;
    (185) 33[deg]04.47[min] N. lat., 117[deg]21.24[min] W. long.;
    (186) 32[deg]59.89[min] N. lat., 117[deg]19.11[min] W. long.;
    (187) 32[deg]57.41[min] N. lat., 117[deg]18.64[min] W. long.;
    (188) 32[deg]55.71[min] N. lat., 117[deg]18.99[min] W. long.;
    (189) 32[deg]54.43[min] N. lat., 117[deg]16.93[min] W. long.;
    (190) 32[deg]52.34[min] N. lat., 117[deg]16.73[min] W. long.;
    (191) 32[deg]52.64[min] N. lat., 117[deg]17.76[min] W. long.;
    (192) 32[deg]52.24[min] N. lat., 117[deg]19.36[min] W. long.;
    (193) 32[deg]47.06[min] N. lat., 117[deg]21.92[min] W. long.;
    (194) 32[deg]41.93[min] N. lat., 117[deg]19.68[min] W. long.; and
    (195) 32[deg]33.59[min] N. lat., 117[deg]17.89[min] W. long.
    (b) The 50-fm (91-m) depth contour between the U.S. border with 
Canada and the Swiftsure Bank is defined by straight lines connecting 
all of the following points in the order stated:
    (1) 48[deg]30.15[min] N. lat., 124[deg]56.12[min] W. long.;
    (2) 48[deg]28.29[min] N. lat., 124[deg]56.30[min] W. long.;
    (3) 48[deg]29.23[min] N. lat., 124[deg]53.63[min] W. long.;
    (4) 48[deg]30.31[min] N. lat., 124[deg]51.73[min] W. long.; and
    (5) 48[deg]30.15[min] N. lat., 124[deg]56.12[min] W. long.
    (c) The 50 fm (91 m) depth contour around the northern Channel 
Islands off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 34[deg]08.40[min] N. lat., 120[deg]33.78[min] W. long.;
    (2) 34[deg]07.80[min] N. lat., 120[deg]30.99[min] W. long.;
    (3) 34[deg]08.68[min] N. lat., 120[deg]26.61[min] W. long.;
    (4) 34[deg]05.85[min] N. lat., 120[deg]17.13[min] W. long.;
    (5) 34[deg]05.57[min] N. lat., 119[deg]51.35[min] W. long.;
    (6) 34[deg]07.08[min] N. lat., 119[deg]52.43[min] W. long.;
    (7) 34[deg]04.49[min] N. lat., 119[deg]35.55[min] W. long.;
    (8) 34[deg]04.73[min] N. lat., 119[deg]32.77[min] W. long.;
    (9) 34[deg]02.02[min] N. lat., 119[deg]19.18[min] W. long.;
    (10) 34[deg]01.03[min] N. lat., 119[deg]19.50[min] W. long.;
    (11) 33[deg]59.45[min] N. lat., 119[deg]22.38[min] W. long.;
    (12) 33[deg]58.68[min] N. lat., 119[deg]32.36[min] W. long.;
    (13) 33[deg]56.43[min] N. lat., 119[deg]41.13[min] W. long.;
    (14) 33[deg]56.04[min] N. lat., 119[deg]48.20[min] W. long.;
    (15) 33[deg]57.32[min] N. lat., 119[deg]51.96[min] W. long.;
    (16) 33[deg]59.32[min] N. lat., 119[deg]55.59[min] W. long.;
    (17) 33[deg]57.52[min] N. lat., 119[deg]55.19[min] W. long.;
    (18) 33[deg]56.26[min] N. lat., 119[deg]54.29[min] W. long.;
    (19) 33[deg]54.30[min] N. lat., 119[deg]54.83[min] W. long.;
    (20) 33[deg]50.97[min] N. lat., 119[deg]57.03[min] W. long.;
    (21) 33[deg]50.03[min] N. lat., 120[deg]03.00[min] W. long.;
    (22) 33[deg]51.14[min] N. lat., 120[deg]03.65[min] W. long.;
    (23) 33[deg]54.49[min] N. lat., 120[deg]12.85[min] W. long.;

[[Page 258]]

    (24) 33[deg]58.48[min] N. lat., 120[deg]18.50[min] W. long.;
    (25) 34[deg]00.71[min] N. lat., 120[deg]28.21[min] W. long.;
    (26) 34[deg]03.60[min] N. lat., 120[deg]30.60[min] W. long.;
    (27) 34[deg]06.96[min] N. lat., 120[deg]34.22[min] W. long.;
    (28) 34[deg]08.01[min] N. lat., 120[deg]35.24[min] W. long.; and
    (29) 34[deg]08.40[min] N. lat., 120[deg]33.78[min] W. long.
    (d) The 50 fm (91 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]03.73[min] N. lat., 118[deg]36.98[min] W. long.;
    (2) 33[deg]02.56[min] N. lat., 118[deg]34.12[min] W. long.;
    (3) 32[deg]55.54[min] N. lat., 118[deg]28.87[min] W. long.;
    (4) 32[deg]55.02[min] N. lat., 118[deg]27.69[min] W. long.;
    (5) 32[deg]49.73[min] N. lat., 118[deg]20.99[min] W. long.;
    (6) 32[deg]48.55[min] N. lat., 118[deg]20.24[min] W. long.;
    (7) 32[deg]47.92[min] N. lat., 118[deg]22.45[min] W. long.;
    (8) 32[deg]45.25[min] N. lat., 118[deg]24.59[min] W. long.;
    (9) 32[deg]50.23[min] N. lat., 118[deg]30.80[min] W. long.;
    (10) 32[deg]55.28[min] N. lat., 118[deg]33.83[min] W. long.;
    (11) 33[deg]00.45[min] N. lat., 118[deg]37.88[min] W. long.;
    (12) 33[deg]03.27[min] N. lat., 118[deg]38.56[min] W. long.; and
    (13) 33[deg]03.73[min] N. lat., 118[deg]36.98[min] W. long.
    (e) The 50 fm (91 m) depth contour around Santa Catalina Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]28.01[min] N. lat., 118[deg]37.42[min] W. long.;
    (2) 33[deg]29.02[min] N. lat., 118[deg]36.33[min] W. long.;
    (3) 33[deg]28.97[min] N. lat., 118[deg]33.16[min] W. long.;
    (4) 33[deg]28.71[min] N. lat., 118[deg]31.22[min] W. long.;
    (5) 33[deg]26.66[min] N. lat., 118[deg]27.48[min] W. long.;
    (6) 33[deg]25.35[min] N. lat., 118[deg]22.83[min] W. long.;
    (7) 33[deg]22.61[min] N. lat., 118[deg]19.18[min] W. long.;
    (8) 33[deg]20.06[min] N. lat., 118[deg]17.35[min] W. long.;
    (9) 33[deg]17.58[min] N. lat., 118[deg]17.42[min] W. long.;
    (10) 33[deg]17.05[min] N. lat., 118[deg]18.72[min] W. long.;
    (11) 33[deg]17.87[min] N. lat., 118[deg]24.47[min] W. long.;
    (12) 33[deg]18.63[min] N. lat., 118[deg]28.16[min] W. long.;
    (13) 33[deg]20.17[min] N. lat., 118[deg]31.69[min] W. long.;
    (14) 33[deg]20.85[min] N. lat., 118[deg]31.82[min] W. long.;
    (15) 33[deg]23.19[min] N. lat., 118[deg]29.78[min] W. long.;
    (16) 33[deg]24.85[min] N. lat., 118[deg]31.22[min] W. long.;
    (17) 33[deg]25.65[min] N. lat., 118[deg]34.11[min] W. long.; and
    (18) 33[deg]28.01[min] N. lat., 118[deg]37.42[min] W. long.
    (f) The 60-fm (110-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]26.70[min] N. lat., 125[deg]09.43[min] W. long.;
    (2) 48[deg]23.76[min] N. lat., 125[deg]06.77[min] W. long.;
    (3) 48[deg]23.01[min] N. lat., 125[deg]03.48[min] W. long.;
    (4) 48[deg]22.42[min] N. lat., 124[deg]57.84[min] W. long.;
    (5) 48[deg]22.62[min] N. lat., 124[deg]48.97[min] W. long.;
    (6) 48[deg]18.61[min] N. lat., 124[deg]52.52[min] W. long.;
    (7) 48[deg]16.62[min] N. lat., 124[deg]54.03[min] W. long.;
    (8) 48[deg]15.39[min] N. lat., 124[deg]54.79[min] W. long.;
    (9) 48[deg]13.81[min] N. lat., 124[deg]55.45[min] W. long.;
    (10) 48[deg]10.51[min] N. lat., 124[deg]56.56[min] W. long.;
    (11) 48[deg]10.00[min] N. lat., 124[deg]56.72[min] W. long.;
    (12) 48[deg]06.90[min] N. lat., 124[deg]57.72[min] W. long.;
    (13) 48[deg]02.23[min] N. lat., 125[deg]00.20[min] W. long.;
    (14) 48[deg]00.87[min] N. lat., 125[deg]00.37[min] W. long.;
    (15) 47[deg]56.30[min] N. lat., 124[deg]59.51[min] W. long.;
    (16) 47[deg]46.84[min] N. lat., 124[deg]57.34[min] W. long.;
    (17) 47[deg]36.49[min] N. lat., 124[deg]50.93[min] W. long.;
    (18) 47[deg]32.01[min] N. lat., 124[deg]48.45[min] W. long.;
    (19) 47[deg]27.19[min] N. lat., 124[deg]46.47[min] W. long.;
    (20) 47[deg]21.76[min] N. lat., 124[deg]43.29[min] W. long.;
    (21) 47[deg]17.82[min] N. lat., 124[deg]42.12[min] W. long.;
    (22) 47[deg]08.87[min] N. lat., 124[deg]43.10[min] W. long.;
    (23) 47[deg]03.16[min] N. lat., 124[deg]42.61[min] W. long.;
    (24) 46[deg]49.70[min] N. lat., 124[deg]36.80[min] W. long.;
    (25) 46[deg]42.91[min] N. lat., 124[deg]33.20[min] W. long.;
    (26) 46[deg]39.67[min] N. lat., 124[deg]30.59[min] W. long.;
    (27) 46[deg]38.17[min] N. lat., 124[deg]29.70[min] W. long.;
    (28) 46[deg]32.47[min] N. lat., 124[deg]26.34[min] W. long.;
    (29) 46[deg]23.69[min] N. lat., 124[deg]25.41[min] W. long.;
    (30) 46[deg]20.84[min] N. lat., 124[deg]24.24[min] W. long.;
    (31) 46[deg]16.00[min] N. lat., 124[deg]19.10[min] W. long.;
    (32) 46[deg]15.97[min] N. lat., 124[deg]18.80[min] W. long.;
    (33) 46[deg]11.23[min] N. lat., 124[deg]19.96[min] W. long.;
    (34) 46[deg]02.51[min] N. lat., 124[deg]19.84[min] W. long.;
    (35) 45[deg]59.05[min] N. lat., 124[deg]16.52[min] W. long.;
    (36) 45[deg]50.99[min] N. lat., 124[deg]12.83[min] W. long.;
    (37) 45[deg]46.00[min] N. lat., 124[deg]11.58[min] W. long.;
    (38) 45[deg]45.85[min] N. lat., 124[deg]11.54[min] W. long.;
    (39) 45[deg]38.53[min] N. lat., 124[deg]11.92[min] W. long.;
    (40) 45[deg]30.90[min] N. lat., 124[deg]10.94[min] W. long.;
    (41) 45[deg]21.20[min] N. lat., 124[deg]09.12[min] W. long.;
    (42) 45[deg]12.43[min] N. lat., 124[deg]08.74[min] W. long.;
    (43) 45[deg]03.83[min] N. lat., 124[deg]10.94[min] W. long.;
    (44) 44[deg]59.89[min] N. lat., 124[deg]11.95[min] W. long.;
    (45) 44[deg]51.96[min] N. lat., 124[deg]15.15[min] W. long.;
    (46) 44[deg]44.63[min] N. lat., 124[deg]20.07[min] W. long.;
    (47) 44[deg]39.23[min] N. lat., 124[deg]28.09[min] W. long.;
    (48) 44[deg]30.61[min] N. lat., 124[deg]31.66[min] W. long.;
    (49) 44[deg]26.20[min] N. lat., 124[deg]35.87[min] W. long.;
    (50) 44[deg]23.65[min] N. lat., 124[deg]39.07[min] W. long.;
    (51) 44[deg]20.30[min] N. lat., 124[deg]38.72[min] W. long.;
    (52) 44[deg]13.52[min] N. lat., 124[deg]40.45[min] W. long.;
    (53) 44[deg]10.97[min] N. lat., 124[deg]38.78[min] W. long.;
    (54) 44[deg]08.71[min] N. lat., 124[deg]33.54[min] W. long.;
    (55) 44[deg]04.91[min] N. lat., 124[deg]24.55[min] W. long.;
    (56) 43[deg]57.49[min] N. lat., 124[deg]20.05[min] W. long.;
    (57) 43[deg]50.26[min] N. lat., 124[deg]21.85[min] W. long.;
    (58) 43[deg]41.69[min] N. lat., 124[deg]21.94[min] W. long.;
    (59) 43[deg]35.51[min] N. lat., 124[deg]21.51[min] W. long.;
    (60) 43[deg]25.77[min] N. lat., 124[deg]28.47[min] W. long.;
    (61) 43[deg]20.83[min] N. lat., 124[deg]31.26[min] W. long.;
    (62) 43[deg]20.25[min] N. lat., 124[deg]31.59[min] W. long.;

[[Page 259]]

    (63) 43[deg]12.73[min] N. lat., 124[deg]36.68[min] W. long.;
    (64) 43[deg]08.08[min] N. lat., 124[deg]36.10[min] W. long.;
    (65) 43[deg]00.33[min] N. lat., 124[deg]37.57[min] W. long.;
    (66) 42[deg]53.99[min] N. lat., 124[deg]41.03[min] W. long.;
    (67) 42[deg]50.00[min] N. lat., 124[deg]41.09[min] W. long.;
    (68) 42[deg]46.66[min] N. lat., 124[deg]41.13[min] W. long.;
    (69) 42[deg]41.74[min] N. lat., 124[deg]37.46[min] W. long.;
    (70) 42[deg]40.50[min] N. lat., 124[deg]37.39[min] W. long.;
    (71) 42[deg]37.42[min] N. lat., 124[deg]37.22[min] W. long.;
    (72) 42[deg]27.35[min] N. lat., 124[deg]39.91[min] W. long.;
    (73) 42[deg]23.94[min] N. lat., 124[deg]38.29[min] W. long.;
    (74) 42[deg]17.72[min] N. lat., 124[deg]31.10[min] W. long.;
    (75) 42[deg]10.36[min] N. lat., 124[deg]29.11[min] W. long.;
    (76) 42[deg]00.00[min] N. lat., 124[deg]28.00[min] W. long.;
    (77) 41[deg]54.87[min] N. lat., 124[deg]28.50[min] W. long.;
    (78) 41[deg]45.80[min] N. lat., 124[deg]23.89[min] W. long.;
    (79) 41[deg]34.40[min] N. lat., 124[deg]24.03[min] W. long.;
    (80) 41[deg]28.33[min] N. lat., 124[deg]25.46[min] W. long.;
    (81) 41[deg]15.80[min] N. lat., 124[deg]18.90[min] W. long.;
    (82) 41[deg]09.77[min] N. lat., 124[deg]17.99[min] W. long.;
    (83) 41[deg]02.26[min] N. lat., 124[deg]18.71[min] W. long.;
    (84) 40[deg]53.54[min] N. lat., 124[deg]21.18[min] W. long.;
    (85) 40[deg]49.93[min] N. lat., 124[deg]23.02[min] W. long.;
    (86) 40[deg]43.15[min] N. lat., 124[deg]28.74[min] W. long.;
    (87) 40[deg]40.19[min] N. lat., 124[deg]29.07[min] W. long.;
    (88) 40[deg]36.77[min] N. lat., 124[deg]27.61[min] W. long.;
    (89) 40[deg]34.13[min] N. lat., 124[deg]29.39[min] W. long.;
    (90) 40[deg]33.15[min] N. lat., 124[deg]33.46[min] W. long.;
    (91) 40[deg]30.00[min] N. lat., 124[deg]35.84[min] W. long.;
    (92) 40[deg]24.72[min] N. lat., 124[deg]33.06[min] W. long.;
    (93) 40[deg]23.91[min] N. lat., 124[deg]31.28[min] W. long.;
    (94) 40[deg]23.67[min] N. lat., 124[deg]28.35[min] W. long.;
    (95) 40[deg]22.53[min] N. lat., 124[deg]24.72[min] W. long.;
    (96) 40[deg]21.51[min] N. lat., 124[deg]24.86[min] W. long.;
    (97) 40[deg]21.02[min] N. lat., 124[deg]27.70[min] W. long.;
    (98) 40[deg]19.75[min] N. lat., 124[deg]27.06[min] W. long.;
    (99) 40[deg]18.23[min] N. lat., 124[deg]25.30[min] W. long.;
    (100) 40[deg]18.60[min] N. lat., 124[deg]22.86[min] W. long.;
    (101) 40[deg]15.43[min] N. lat., 124[deg]25.37[min] W. long.;
    (102) 40[deg]15.55[min] N. lat., 124[deg]28.16[min] W. long.;
    (103) 40[deg]11.27[min] N. lat., 124[deg]22.56[min] W. long.;
    (104) 40[deg]10.00[min] N. lat., 124[deg]19.97[min] W. long.;
    (105) 40[deg]09.20[min] N. lat., 124[deg]15.81[min] W. long.;
    (106) 40[deg]07.51[min] N. lat., 124[deg]15.29[min] W. long.;
    (107) 40[deg]05.22[min] N. lat., 124[deg]10.06[min] W. long.;
    (108) 40[deg]06.51[min] N. lat., 124[deg]08.01[min] W. long.;
    (109) 40[deg]00.72[min] N. lat., 124[deg]08.45[min] W. long.;
    (110) 39[deg]56.60[min] N. lat., 124[deg]07.12[min] W. long.;
    (111) 39[deg]52.58[min] N. lat., 124[deg]03.57[min] W. long.;
    (112) 39[deg]50.65[min] N. lat., 123[deg]57.98[min] W. long.;
    (113) 39[deg]40.16[min] N. lat., 123[deg]52.41[min] W. long.;
    (114) 39[deg]30.12[min] N. lat., 123[deg]52.92[min] W. long.;
    (115) 39[deg]24.53[min] N. lat., 123[deg]55.16[min] W. long.;
    (116) 39[deg]11.58[min] N. lat., 123[deg]50.93[min] W. long.;
    (117) 38[deg]57.50[min] N. lat., 123[deg]51.14[min] W. long.;
    (118) 38[deg]55.13[min] N. lat., 123[deg]51.14[min] W. long.;
    (119) 38[deg]28.58[min] N. lat., 123[deg]22.84[min] W. long.;
    (120) 38[deg]08.57[min] N. lat., 123[deg]14.74[min] W. long.;
    (121) 38[deg]00.00[min] N. lat., 123[deg]15.61[min] W. long.;
    (122) 37[deg]56.98[min] N. lat., 123[deg]21.82[min] W. long.;
    (123) 37[deg]49.65[min] N. lat., 123[deg]17.48[min] W. long.;
    (124) 37[deg]36.41[min] N. lat., 122[deg]58.09[min] W. long.;
    (125) 37[deg]11.00[min] N. lat., 122[deg]40.22[min] W. long.;
    (126) 37[deg]07.00[min] N. lat., 122[deg]37.64[min] W. long.;
    (127) 37[deg]02.08[min] N. lat., 122[deg]25.49[min] W. long.;
    (128) 36[deg]48.20[min] N. lat., 122[deg]03.32[min] W. long.;
    (129) 36[deg]51.46[min] N. lat., 121[deg]57.54[min] W. long.;
    (130) 36[deg]48.13[min] N. lat., 121[deg]58.16[min] W. long.;
    (131) 36[deg]48.84[min] N. lat., 121[deg]50.06[min] W. long.;
    (132) 36[deg]45.38[min] N. lat., 121[deg]53.56[min] W. long.;
    (133) 36[deg]45.13[min] N. lat., 121[deg]57.06[min] W. long.;
    (134) 36[deg]36.86[min] N. lat., 122[deg]00.81[min] W. long.;
    (135) 36[deg]32.77[min] N. lat., 121[deg]58.90[min] W. long.;
    (136) 36[deg]33.03[min] N. lat., 121[deg]57.63[min] W. long.;
    (137) 36[deg]31.87[min] N. lat., 121[deg]56.10[min] W. long.;
    (138) 36[deg]31.59[min] N. lat., 121[deg]58.27[min] W. long.;
    (139) 36[deg]23.26[min] N. lat., 121[deg]57.70[min] W. long.;

[[Page 260]]

    (140) 36[deg]17.30[min] N. lat., 122[deg]01.55[min] W. long.;
    (141) 36[deg]10.42[min] N. lat., 121[deg]42.90[min] W. long.;
    (142) 36[deg]02.55[min] N. lat., 121[deg]36.35[min] W. long.;
    (143) 36[deg]01.09[min] N. lat., 121[deg]36.41[min] W. long.;
    (144) 36[deg]00.00[min] N. lat., 121[deg]35.34[min] W. long.;
    (145) 35[deg]58.25[min] N. lat., 121[deg]32.88[min] W. long.;
    (146) 35[deg]40.38[min] N. lat., 121[deg]22.59[min] W. long.;
    (147) 35[deg]26.31[min] N. lat., 121[deg]03.73[min] W. long.;
    (148) 35[deg]01.36[min] N. lat., 120[deg]49.02[min] W. long.;
    (149) 34[deg]39.52[min] N. lat., 120[deg]48.72[min] W. long.;
    (150) 34[deg]31.26[min] N. lat., 120[deg]44.12[min] W. long.;
    (151) 34[deg]27.00[min] N. lat., 120[deg]36.00[min] W. long.;
    (152) 34[deg]23.00[min] N. lat., 120[deg]25.32[min] W. long.;
    (153) 34[deg]25.65[min] N. lat., 120[deg]17.20[min] W. long.;
    (154) 34[deg]23.18[min] N. lat., 119[deg]56.17[min] W. long.;
    (155) 34[deg]18.73[min] N. lat., 119[deg]41.89[min] W. long.;
    (156) 34[deg]11.18[min] N. lat., 119[deg]31.21[min] W. long.;
    (157) 34[deg]10.01[min] N. lat., 119[deg]25.84[min] W. long.;
    (158) 34[deg]03.88[min] N. lat., 119[deg]12.46[min] W. long.;
    (159) 34[deg]03.58[min] N. lat., 119[deg]06.71[min] W. long.;
    (160) 34[deg]04.52[min] N. lat., 119[deg]04.89[min] W. long.;
    (161) 34[deg]01.28[min] N. lat., 119[deg]00.27[min] W. long.;
    (162) 34[deg]00.20[min] N. lat., 119[deg]03.18[min] W. long.;
    (163) 33[deg]59.60[min] N. lat., 119[deg]03.14[min] W. long.;
    (164) 33[deg]59.45[min] N. lat., 119[deg]00.87[min] W. long.;
    (165) 34[deg]00.71[min] N. lat., 118[deg]59.07[min] W. long.;
    (166) 33[deg]59.05[min] N. lat., 118[deg]47.34[min] W. long.;
    (167) 33[deg]58.86[min] N. lat., 118[deg]36.24[min] W. long.;
    (168) 33[deg]55.05[min] N. lat., 118[deg]32.85[min] W. long.;
    (169) 33[deg]53.63[min] N. lat., 118[deg]37.88[min] W. long.;
    (170) 33[deg]51.22[min] N. lat., 118[deg]36.13[min] W. long.;
    (171) 33[deg]50.19[min] N. lat., 118[deg]32.19[min] W. long.;
    (172) 33[deg]51.28[min] N. lat., 118[deg]29.12[min] W. long.;
    (173) 33[deg]49.89[min] N. lat., 118[deg]28.04[min] W. long.;
    (174) 33[deg]49.95[min] N. lat., 118[deg]26.38[min] W. long.;
    (175) 33[deg]50.73[min] N. lat., 118[deg]26.16[min] W. long.;
    (176) 33[deg]50.06[min] N. lat., 118[deg]24.79[min] W. long.;
    (177) 33[deg]48.48[min] N. lat., 118[deg]26.86[min] W. long.;
    (178) 33[deg]47.75[min] N. lat., 118[deg]30.21[min] W. long.;
    (179) 33[deg]44.10[min] N. lat., 118[deg]25.25[min] W. long.;
    (180) 33[deg]41.77[min] N. lat., 118[deg]20.32[min] W. long.;
    (181) 33[deg]38.17[min] N. lat., 118[deg]15.69[min] W. long.;
    (182) 33[deg]37.48[min] N. lat., 118[deg]16.72[min] W. long.;
    (183) 33[deg]35.80[min] N. lat., 118[deg]16.65[min] W. long.;
    (184) 33[deg]33.92[min] N. lat., 118[deg]11.36[min] W. long.;
    (185) 33[deg]34.09[min] N. lat., 118[deg]08.15[min] W. long.;
    (186) 33[deg]35.73[min] N. lat., 118[deg]05.01[min] W. long.;
    (187) 33[deg]33.75[min] N. lat., 117[deg]59.82[min] W. long.;
    (188) 33[deg]35.25[min] N. lat., 117[deg]55.89[min] W. long.;
    (189) 33[deg]35.03[min] N. lat., 117[deg]53.80[min] W. long.;
    (190) 33[deg]31.37[min] N. lat., 117[deg]48.15[min] W. long.;
    (191) 33[deg]27.49[min] N. lat., 117[deg]44.85[min] W. long.;
    (192) 33[deg]16.63[min] N. lat., 117[deg]34.01[min] W. long.;
    (193) 33[deg]07.21[min] N. lat., 117[deg]21.96[min] W. long.;
    (194) 33[deg]03.35[min] N. lat., 117[deg]21.22[min] W. long.;
    (195) 33[deg]02.14[min] N. lat., 117[deg]20.26[min] W. long.;
    (196) 32[deg]59.87[min] N. lat., 117[deg]19.16[min] W. long.;
    (197) 32[deg]57.39[min] N. lat., 117[deg]18.72[min] W. long.;

[[Page 261]]

    (198) 32[deg]56.11[min] N. lat., 117[deg]18.41[min] W. long.;
    (199) 32[deg]55.31[min] N. lat., 117[deg]18.80[min] W. long.;
    (200) 32[deg]54.38[min] N. lat., 117[deg]17.09[min] W. long.;
    (201) 32[deg]52.81[min] N. lat., 117[deg]16.94[min] W. long.;
    (202) 32[deg]52.56[min] N. lat., 117[deg]19.30[min] W. long.;
    (203) 32[deg]50.86[min] N. lat., 117[deg]20.98[min] W. long.;
    (204) 32[deg]46.96[min] N. lat., 117[deg]22.69[min] W. long.;
    (205) 32[deg]45.58[min] N. lat., 117[deg]22.38[min] W. long.;
    (206) 32[deg]44.98[min] N. lat., 117[deg]21.87[min] W. long.;
    (207) 32[deg]43.52[min] N. lat., 117[deg]19.32[min] W. long.;
    (208) 32[deg]41.52[min] N. lat., 117[deg]20.12[min] W. long.;
    (209) 32[deg]37.00[min] N. lat., 117[deg]20.10[min] W. long.;
    (210) 32[deg]34.76[min] N. lat., 117[deg]18.77[min] W. long.; and
    (211) 32[deg]33.70[min] N. lat., 117[deg]18.46[min] W. long.
    (g) The 60 fm (110 m) depth contour around the northern Channel 
Islands off the State of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 34[deg]09.83[min] N. lat., 120[deg]25.61[min] W. long.;
    (2) 34[deg]07.03[min] N. lat., 120[deg]16.43[min] W. long.;
    (3) 34[deg]06.38[min] N. lat., 120[deg]04.00[min] W. long.;
    (4) 34[deg]07.90[min] N. lat., 119[deg]55.12[min] W. long.;
    (5) 34[deg]05.07[min] N. lat., 119[deg]37.33[min] W. long.;
    (6) 34[deg]05.04[min] N. lat., 119[deg]32.80[min] W. long.;
    (7) 34[deg]04.00[min] N. lat., 119[deg]26.70[min] W. long.;
    (8) 34[deg]02.27[min] N. lat., 119[deg]18.73[min] W. long.;
    (9) 34[deg]00.98[min] N. lat., 119[deg]19.10[min] W. long.;
    (10) 33[deg]59.44[min] N. lat., 119[deg]21.89[min] W. long.;
    (11) 33[deg]58.70[min] N. lat., 119[deg]32.22[min] W. long.;
    (12) 33[deg]57.81[min] N. lat., 119[deg]33.72[min] W. long.;
    (13) 33[deg]57.65[min] N. lat., 119[deg]35.94[min] W. long.;
    (14) 33[deg]56.14[min] N. lat., 119[deg]41.09[min] W. long.;
    (15) 33[deg]55.84[min] N. lat., 119[deg]48.00[min] W. long.;
    (16) 33[deg]57.22[min] N. lat., 119[deg]52.09[min] W. long.;
    (17) 33[deg]59.32[min] N. lat., 119[deg]55.65[min] W. long.;
    (18) 33[deg]57.73[min] N. lat., 119[deg]55.06[min] W. long.;
    (19) 33[deg]56.48[min] N. lat., 119[deg]53.80[min] W. long.;
    (20) 33[deg]49.29[min] N. lat., 119[deg]55.76[min] W. long.;
    (21) 33[deg]48.11[min] N. lat., 119[deg]59.72[min] W. long.;
    (22) 33[deg]49.14[min] N. lat., 120[deg]03.58[min] W. long.;
    (23) 33[deg]52.95[min] N. lat., 120[deg]10.00[min] W. long.;
    (24) 33[deg]56.00[min] N. lat., 120[deg]17.00[min] W. long.;
    (25) 34[deg]00.12[min] N. lat., 120[deg]28.12[min] W. long.;
    (26) 34[deg]08.23[min] N. lat., 120[deg]36.25[min] W. long.;
    (27) 34[deg]08.80[min] N. lat., 120[deg]34.58[min] W. long.; and
    (28) 34[deg]09.83[min] N. lat., 120[deg]25.61[min] W. long.
    (h) The 60 fm (110 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]04.44[min] N. lat., 118[deg]37.61[min] W. long.;
    (2) 33[deg]02.56[min] N. lat., 118[deg]34.12[min] W. long.;
    (3) 32[deg]55.54[min] N. lat., 118[deg]28.87[min] W. long.;
    (4) 32[deg]55.02[min] N. lat., 118[deg]27.69[min] W. long.;
    (5) 32[deg]49.78[min] N. lat., 118[deg]20.88[min] W. long.;
    (6) 32[deg]48.32[min] N. lat., 118[deg]19.89[min] W. long.;
    (7) 32[deg]47.60[min] N. lat., 118[deg]22.00[min] W. long.;
    (8) 32[deg]44.59[min] N. lat., 118[deg]24.52[min] W. long.;
    (9) 32[deg]49.97[min] N. lat., 118[deg]31.52[min] W. long.;
    (10) 32[deg]53.62[min] N. lat., 118[deg]32.94[min] W. long.;
    (11) 32[deg]55.63[min] N. lat., 118[deg]34.82[min] W. long.;
    (12) 33[deg]00.71[min] N. lat., 118[deg]38.42[min] W. long.;
    (13) 33[deg]03.49[min] N. lat., 118[deg]38.81[min] W. long.; and
    (14) 33[deg]04.44[min] N. lat., 118[deg]37.61[min] W. long.
    (i) The 60 fm (110 m) depth contour around Santa Catalina Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]28.15[min] N. lat., 118[deg]38.17[min] W. long.;
    (2) 33[deg]29.23[min] N. lat., 118[deg]36.27[min] W. long.;
    (3) 33[deg]28.85[min] N. lat., 118[deg]30.85[min] W. long.;
    (4) 33[deg]26.69[min] N. lat., 118[deg]27.37[min] W. long.;
    (5) 33[deg]26.30[min] N. lat., 118[deg]25.38[min] W. long.;
    (6) 33[deg]25.35[min] N. lat., 118[deg]22.83[min] W. long.;
    (7) 33[deg]22.60[min] N. lat., 118[deg]18.82[min] W. long.;
    (8) 33[deg]19.49[min] N. lat., 118[deg]16.91[min] W. long.;
    (9) 33[deg]17.13[min] N. lat., 118[deg]16.58[min] W. long.;
    (10) 33[deg]16.65[min] N. lat., 118[deg]17.71[min] W. long.;
    (11) 33[deg]18.35[min] N. lat., 118[deg]27.86[min] W. long.;
    (12) 33[deg]20.07[min] N. lat., 118[deg]32.34[min] W. long.;
    (13) 33[deg]21.82[min] N. lat., 118[deg]32.08[min] W. long.;
    (14) 33[deg]23.15[min] N. lat., 118[deg]29.89[min] W. long.;
    (15) 33[deg]24.99[min] N. lat., 118[deg]32.25[min] W. long.;
    (16) 33[deg]25.73[min] N. lat., 118[deg]34.88[min] W. long.; and
    (17) 33[deg]28.15[min] N. lat., 118[deg]38.17[min] W. long.
    (j) The 75-fm (137-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]16.80[min] N. lat., 125[deg]34.90[min] W. long.;
    (2) 48[deg]14.50[min] N. lat., 125[deg]29.50[min] W. long.;
    (3) 48[deg]12.08[min] N. lat., 125[deg]28.00[min] W. long.;
    (4) 48[deg]09.00[min] N. lat., 125[deg]28.00[min] W. long.;
    (5) 48[deg]07.80[min] N. lat., 125[deg]31.70[min] W. long.;
    (6) 48[deg]04.28[min] N. lat., 125[deg]29.00[min] W. long.;
    (7) 48[deg]02.50[min] N. lat., 125[deg]25.70[min] W. long.;

[[Page 262]]

    (8) 48[deg]10.00[min] N. lat., 125[deg]20.19[min] W. long.;
    (9) 48[deg]21.70[min] N. lat., 125[deg]17.56[min] W. long.;
    (10) 48[deg]23.12[min] N. lat., 125[deg]10.25[min] W. long.;
    (11) 48[deg]21.77[min] N. lat., 125[deg]02.59[min] W. long.;
    (12) 48[deg]23.00[min] N. lat., 124[deg]59.30[min] W. long.;
    (13) 48[deg]23.90[min] N. lat., 124[deg]54.37[min] W. long.;
    (14) 48[deg]23.05[min] N. lat., 124[deg]48.80[min] W. long.;
    (15) 48[deg]17.10[min] N. lat., 124[deg]54.82[min] W. long.;
    (16) 48[deg]05.10[min] N. lat., 124[deg]59.40[min] W. long.;
    (17) 48[deg]04.50[min] N. lat., 125[deg]02.00[min] W. long.;
    (18) 48[deg]04.70[min] N. lat., 125[deg]04.08[min] W. long.;
    (19) 48[deg]05.20[min] N. lat., 125[deg]04.90[min] W. long.;
    (20) 48[deg]06.25[min] N. lat., 125[deg]06.40[min] W. long.;
    (21) 48[deg]05.91[min] N. lat., 125[deg]08.30[min] W. long.;
    (22) 48[deg]07.00[min] N. lat., 125[deg]09.80[min] W. long.;
    (23) 48[deg]06.93[min] N. lat., 125[deg]11.48[min] W. long.;
    (24) 48[deg]04.98[min] N. lat., 125[deg]10.02[min] W. long.;
    (25) 47[deg]54.00[min] N. lat., 125[deg]04.98[min] W. long.;
    (26) 47[deg]44.52[min] N. lat., 125[deg]00.00[min] W. long.;
    (27) 47[deg]42.00[min] N. lat., 124[deg]58.98[min] W. long.;
    (28) 47[deg]35.52[min] N. lat., 124[deg]55.50[min] W. long.;
    (29) 47[deg]22.02[min] N. lat., 124[deg]44.40[min] W. long.;
    (30) 47[deg]16.98[min] N. lat., 124[deg]45.48[min] W. long.;
    (31) 47[deg]10.98[min] N. lat., 124[deg]48.48[min] W. long.;
    (32) 47[deg]04.98[min] N. lat., 124[deg]49.02[min] W. long.;
    (33) 46[deg]57.98[min] N. lat., 124[deg]46.50[min] W. long.;
    (34) 46[deg]54.00[min] N. lat., 124[deg]45.00[min] W. long.;
    (35) 46[deg]48.48[min] N. lat., 124[deg]44.52[min] W. long.;
    (36) 46[deg]40.02[min] N. lat., 124[deg]36.00[min] W. long.;
    (37) 46[deg]38.17[min] N. lat., 124[deg]33.20[min] W. long.;
    (38) 46[deg]34.09[min] N. lat., 124[deg]27.03[min] W. long.;
    (39) 46[deg]24.64[min] N. lat., 124[deg]30.33[min] W. long.;
    (40) 46[deg]19.98[min] N. lat., 124[deg]36.00[min] W. long.;
    (41) 46[deg]18.14[min] N. lat., 124[deg]34.26[min] W. long.;
    (42) 46[deg]18.72[min] N. lat., 124[deg]22.68[min] W. long.;
    (43) 46[deg]16.00[min] N. lat., 124[deg]19.49[min] W. long.;
    (44) 46[deg]14.63[min] N. lat., 124[deg]22.54[min] W. long.;
    (45) 46[deg]11.08[min] N. lat., 124[deg]30.74[min] W. long.;
    (46) 46[deg]04.28[min] N. lat., 124[deg]31.49[min] W. long.;
    (47) 45[deg]55.97[min] N. lat., 124[deg]19.95[min] W. long.;
    (48) 45[deg]46.00[min] N. lat., 124[deg]16.41[min] W. long.;
    (49) 45[deg]44.97[min] N. lat., 124[deg]15.95[min] W. long.;
    (50) 45[deg]43.14[min] N. lat., 124[deg]21.86[min] W. long.;
    (51) 45[deg]34.45[min] N. lat., 124[deg]14.44[min] W. long.;
    (52) 45[deg]20.25[min] N. lat., 124[deg]12.23[min] W. long.;
    (53) 45[deg]15.49[min] N. lat., 124[deg]11.49[min] W. long.;
    (54) 45[deg]03.83[min] N. lat., 124[deg]13.75[min] W. long.;
    (55) 44[deg]57.31[min] N. lat., 124[deg]15.03[min] W. long.;
    (56) 44[deg]43.90[min] N. lat., 124[deg]28.88[min] W. long.;
    (57) 44[deg]28.64[min] N. lat., 124[deg]35.67[min] W. long.;
    (58) 44[deg]25.31[min] N. lat., 124[deg]43.08[min] W. long.;
    (59) 44[deg]16.28[min] N. lat., 124[deg]47.86[min] W. long.;
    (60) 44[deg]13.47[min] N. lat., 124[deg]54.08[min] W. long.;
    (61) 44[deg]02.88[min] N. lat., 124[deg]53.96[min] W. long.;
    (62) 44[deg]00.14[min] N. lat., 124[deg]55.25[min] W. long.;
    (63) 43[deg]57.68[min] N. lat., 124[deg]55.48[min] W. long.;
    (64) 43[deg]56.66[min] N. lat., 124[deg]55.45[min] W. long.;
    (65) 43[deg]57.50[min] N. lat., 124[deg]41.23[min] W. long.;
    (66) 44[deg]01.79[min] N. lat., 124[deg]38.00[min] W. long.;
    (67) 44[deg]02.17[min] N. lat., 124[deg]32.62[min] W. long.;
    (68) 43[deg]58.15[min] N. lat., 124[deg]30.39[min] W. long.;
    (69) 43[deg]53.25[min] N. lat., 124[deg]31.39[min] W. long.;
    (70) 43[deg]35.56[min] N. lat., 124[deg]28.17[min] W. long.;
    (71) 43[deg]21.84[min] N. lat., 124[deg]36.07[min] W. long.;
    (72) 43[deg]20.83[min] N. lat., 124[deg]35.49[min] W. long.;
    (73) 43[deg]19.73[min] N. lat., 124[deg]34.87[min] W. long.;
    (74) 43[deg]09.38[min] N. lat., 124[deg]39.29[min] W. long.;
    (75) 43[deg]07.11[min] N. lat., 124[deg]37.66[min] W. long.;
    (76) 42[deg]56.27[min] N. lat., 124[deg]43.28[min] W. long.;
    (77) 42[deg]50.00[min] N. lat., 124[deg]42.30[min] W. long.;
    (78) 42[deg]45.01[min] N. lat., 124[deg]41.50[min] W. long.;
    (79) 42[deg]40.50[min] N. lat., 124[deg]39.46[min] W. long.;
    (80) 42[deg]39.71[min] N. lat., 124[deg]39.11[min] W. long.;
    (81) 42[deg]32.87[min] N. lat., 124[deg]40.13[min] W. long.;
    (82) 42[deg]32.30[min] N. lat., 124[deg]39.04[min] W. long.;
    (83) 42[deg]26.96[min] N. lat., 124[deg]44.30[min] W. long.;
    (84) 42[deg]24.11[min] N. lat., 124[deg]42.16[min] W. long.;
    (85) 42[deg]21.10[min] N. lat., 124[deg]35.46[min] W. long.;
    (86) 42[deg]14.72[min] N. lat., 124[deg]32.30[min] W. long.;
    (87) 42[deg]13.67[min] N. lat., 124[deg]32.29[min] W. long.;
    (88) 42[deg]09.25[min] N. lat., 124[deg]32.04[min] W. long.;
    (89) 42[deg]01.88[min] N. lat., 124[deg]32.71[min] W. long.;
    (90) 42[deg]00.00[min] N. lat., 124[deg]32.02[min] W. long.;
    (91) 41[deg]46.18[min] N. lat., 124[deg]26.60[min] W. long.;
    (92) 41[deg]29.22[min] N. lat., 124[deg]28.04[min] W. long.;
    (93) 41[deg]09.62[min] N. lat., 124[deg]19.75[min] W. long.;
    (94) 40[deg]50.71[min] N. lat., 124[deg]23.80[min] W. long.;
    (95) 40[deg]43.35[min] N. lat., 124[deg]29.30[min] W. long.;
    (96) 40[deg]40.24[min] N. lat., 124[deg]29.86[min] W. long.;
    (97) 40[deg]37.50[min] N. lat., 124[deg]28.68[min] W. long.;
    (98) 40[deg]34.42[min] N. lat., 124[deg]29.65[min] W. long.;
    (99) 40[deg]34.74[min] N. lat., 124[deg]34.61[min] W. long.;
    (100) 40[deg]31.70[min] N. lat., 124[deg]37.13[min] W. long.;
    (101) 40[deg]30.00[min] N. lat., 124[deg]36.50[min] W. long.;
    (102) 40[deg]25.03[min] N. lat., 124[deg]34.77[min] W. long.;
    (103) 40[deg]23.58[min] N. lat., 124[deg]31.49[min] W. long.;
    (104) 40[deg]23.64[min] N. lat., 124[deg]28.35[min] W. long.;
    (105) 40[deg]22.53[min] N. lat., 124[deg]24.76[min] W. long.;
    (106) 40[deg]21.46[min] N. lat., 124[deg]24.86[min] W. long.;
    (107) 40[deg]21.74[min] N. lat., 124[deg]27.63[min] W. long.;
    (108) 40[deg]19.76[min] N. lat., 124[deg]28.15[min] W. long.;
    (109) 40[deg]18.00[min] N. lat., 124[deg]25.38[min] W. long.;
    (110) 40[deg]18.54[min] N. lat., 124[deg]22.94[min] W. long.;
    (111) 40[deg]15.55[min] N. lat., 124[deg]25.75[min] W. long.;
    (112) 40[deg]16.06[min] N. lat., 124[deg]30.48[min] W. long.;

[[Page 263]]

    (113) 40[deg]15.75[min] N. lat., 124[deg]31.69[min] W. long.;
    (114) 40[deg]10.00[min] N. lat., 124[deg]21.28[min] W. long.;
    (115) 40[deg]08.37[min] N. lat., 124[deg]17.99[min] W. long.;
    (116) 40[deg]09.00[min] N. lat., 124[deg]15.77[min] W. long.;
    (117) 40[deg]06.93[min] N. lat., 124[deg]16.49[min] W. long.;
    (118) 40[deg]03.60[min] N. lat., 124[deg]11.60[min] W. long.;
    (119) 40[deg]06.20[min] N. lat., 124[deg]08.23[min] W. long.;
    (120) 40[deg]00.94[min] N. lat., 124[deg]08.57[min] W. long.;
    (121) 40[deg]00.01[min] N. lat., 124[deg]09.84[min] W. long.;
    (122) 39[deg]57.75[min] N. lat., 124[deg]09.53[min] W. long.;
    (123) 39[deg]55.56[min] N. lat., 124[deg]07.67[min] W. long.;
    (124) 39[deg]52.21[min] N. lat., 124[deg]05.54[min] W. long.;
    (125) 39[deg]48.07[min] N. lat., 123[deg]57.48[min] W. long.;
    (126) 39[deg]41.60[min] N. lat., 123[deg]55.12[min] W. long.;
    (127) 39[deg]30.39[min] N. lat., 123[deg]55.03[min] W. long.;
    (128) 39[deg]29.48[min] N. lat., 123[deg]56.12[min] W. long.;
    (129) 39[deg]13.76[min] N. lat., 123[deg]54.65[min] W. long.;
    (130) 39[deg]05.21[min] N. lat., 123[deg]55.38[min] W. long.;
    (131) 38[deg]57.50[min] N. lat., 123[deg]54.50[min] W. long.;
    (132) 38[deg]55.90[min] N. lat., 123[deg]54.35[min] W. long.;
    (133) 38[deg]48.59[min] N. lat., 123[deg]49.61[min] W. long.;
    (134) 38[deg]28.82[min] N. lat., 123[deg]27.44[min] W. long.;
    (135) 38[deg]09.70[min] N. lat., 123[deg]18.66[min] W. long.;
    (136) 38[deg]01.81[min] N. lat., 123[deg]19.22[min] W. long.;
    (137) 38[deg]00.00[min] N. lat., 123[deg]22.19[min] W. long.;
    (138) 37[deg]57.70[min] N. lat., 123[deg]25.98[min] W. long.;
    (139) 37[deg]56.73[min] N. lat., 123[deg]25.22[min] W. long.;
    (140) 37[deg]55.59[min] N. lat., 123[deg]25.62[min] W. long.;
    (141) 37[deg]52.79[min] N. lat., 123[deg]23.85[min] W. long.;
    (142) 37[deg]49.13[min] N. lat., 123[deg]18.83[min] W. long.;
    (143) 37[deg]46.01[min] N. lat., 123[deg]12.28[min] W. long.;
    (144) 37[deg]35.67[min] N. lat., 123[deg]00.33[min] W. long.;
    (145) 37[deg]28.20[min] N. lat., 122[deg]54.92[min] W. long.;
    (146) 37[deg]27.34[min] N. lat., 122[deg]52.91[min] W. long.;
    (147) 37[deg]26.45[min] N. lat., 122[deg]52.95[min] W. long.;
    (148) 37[deg]26.06[min] N. lat., 122[deg]51.17[min] W. long.;
    (149) 37[deg]23.07[min] N. lat., 122[deg]51.34[min] W. long.;
    (150) 37[deg]11.00[min] N. lat., 122[deg]43.89[min] W. long.;
    (151) 37[deg]07.00[min] N. lat., 122[deg]41.06[min] W. long.;
    (152) 37[deg]04.12[min] N. lat., 122[deg]38.94[min] W. long.;
    (153) 37[deg]00.64[min] N. lat., 122[deg]33.26[min] W. long.;
    (154) 36[deg]59.15[min] N. lat., 122[deg]27.84[min] W. long.;
    (155) 37[deg]1.41[min] N. lat., 122[deg]24.41[min] W. long.;
    (156) 36[deg]58.75[min] N. lat., 122[deg]23.81[min] W. long.;
    (157) 36[deg]59.17[min] N. lat., 122[deg]21.44[min] W. long.;
    (158) 36[deg]57.51[min] N. lat., 122[deg]20.69[min] W. long.;
    (159) 36[deg]51.46[min] N. lat., 122[deg]10.01[min] W. long.;
    (160) 36[deg]48.43[min] N. lat., 122[deg]06.47[min] W. long.;
    (161) 36[deg]48.66[min] N. lat., 122[deg]04.99[min] W. long.;
    (162) 36[deg]47.75[min] N. lat., 122[deg]03.33[min] W. long.;
    (163) 36[deg]51.23[min] N. lat., 121[deg]57.79[min] W. long.;
    (164) 36[deg]49.72[min] N. lat., 121[deg]57.87[min] W. long.;
    (165) 36[deg]48.84[min] N. lat., 121[deg]58.68[min] W. long.;
    (166) 36[deg]47.89[min] N. lat., 121[deg]58.53[min] W. long.;
    (167) 36[deg]48.66[min] N. lat., 121[deg]50.49[min] W. long.;
    (168) 36[deg]45.56[min] N. lat., 121[deg]54.11[min] W. long.;
    (169) 36[deg]45.30[min] N. lat., 121[deg]57.62[min] W. long.;
    (170) 36[deg]38.54[min] N. lat., 122[deg]01.13[min] W. long.;
    (171) 36[deg]35.76[min] N. lat., 122[deg]00.87[min] W. long.;

[[Page 264]]

    (172) 36[deg]32.58[min] N. lat., 121[deg]59.12[min] W. long.;
    (173) 36[deg]32.95[min] N. lat., 121[deg]57.62[min] W. long.;
    (174) 36[deg]31.96[min] N. lat., 121[deg]56.27[min] W. long.;
    (175) 36[deg]31.74[min] N. lat., 121[deg]58.24[min] W. long.;
    (176) 36[deg]30.57[min] N. lat., 121[deg]59.66[min] W. long.;
    (177) 36[deg]27.80[min] N. lat., 121[deg]59.30[min] W. long.;
    (178) 36[deg]26.52[min] N. lat., 121[deg]58.09[min] W. long.;
    (179) 36[deg]23.65[min] N. lat., 121[deg]58.94[min] W. long.;
    (180) 36[deg]20.93[min] N. lat., 122[deg]00.28[min] W. long.;
    (181) 36[deg]18.23[min] N. lat., 122[deg]03.10[min] W. long.;
    (182) 36[deg]14.21[min] N. lat., 121[deg]57.73[min] W. long.;
    (183) 36[deg]14.68[min] N. lat., 121[deg]55.43[min] W. long.;
    (184) 36[deg]10.42[min] N. lat., 121[deg]42.90[min] W. long.;
    (185) 36[deg]02.55[min] N. lat., 121[deg]36.35[min] W. long.;
    (186) 36[deg]01.04[min] N. lat., 121[deg]36.47[min] W. long.;
    (187) 36[deg]00.00[min] N. lat., 121[deg]35.40[min] W. long.;
    (188) 35[deg]58.25[min] N. lat., 121[deg]32.88[min] W. long.;
    (189) 35[deg]39.35[min] N. lat., 121[deg]22.63[min] W. long.;
    (190) 35[deg]25.09[min] N. lat., 121[deg]03.02[min] W. long.;
    (191) 35[deg]10.84[min] N. lat., 120[deg]55.90[min] W. long.;
    (192) 35[deg]04.35[min] N. lat., 120[deg]51.62[min] W. long.;
    (193) 34[deg]55.25[min] N. lat., 120[deg]49.36[min] W. long.;
    (194) 34[deg]47.95[min] N. lat., 120[deg]50.76[min] W. long.;
    (195) 34[deg]39.27[min] N. lat., 120[deg]49.16[min] W. long.;
    (196) 34[deg]31.05[min] N. lat., 120[deg]44.71[min] W. long.;
    (197) 34[deg]27.00[min] N. lat., 120[deg]36.54[min] W. long.;
    (198) 34[deg]22.60[min] N. lat., 120[deg]25.41[min] W. long.;
    (199) 34[deg]25.45[min] N. lat., 120[deg]17.41[min] W. long.;
    (200) 34[deg]22.94[min] N. lat., 119[deg]56.40[min] W. long.;
    (201) 34[deg]18.37[min] N. lat., 119[deg]42.01[min] W. long.;
    (202) 34[deg]11.22[min] N. lat., 119[deg]32.47[min] W. long.;
    (203) 34[deg]09.58[min] N. lat., 119[deg]25.94[min] W. long.;
    (204) 34[deg]03.89[min] N. lat., 119[deg]12.47[min] W. long.;
    (205) 34[deg]03.57[min] N. lat., 119[deg]06.72[min] W. long.;
    (206) 34[deg]04.53[min] N. lat., 119[deg]04.90[min] W. long.;
    (207) 34[deg]02.84[min] N. lat., 119[deg]02.37[min] W. long.;
    (208) 34[deg]01.30[min] N. lat., 119[deg]00.26[min] W. long.;
    (209) 34[deg]00.22[min] N. lat., 119[deg]03.20[min] W. long.;
    (210) 33[deg]59.56[min] N. lat., 119[deg]03.36[min] W. long.;
    (211) 33[deg]59.35[min] N. lat., 119[deg]00.92[min] W. long.;
    (212) 34[deg]00.49[min] N. lat., 118[deg]59.08[min] W. long.;
    (213) 33[deg]59.07[min] N. lat., 118[deg]47.34[min] W. long.;
    (214) 33[deg]58.73[min] N. lat., 118[deg]36.45[min] W. long.;
    (215) 33[deg]55.24[min] N. lat., 118[deg]33.42[min] W. long.;
    (216) 33[deg]53.71[min] N. lat., 118[deg]38.01[min] W. long.;
    (217) 33[deg]51.19[min] N. lat., 118[deg]36.50[min] W. long.;
    (218) 33[deg]49.85[min] N. lat., 118[deg]32.31[min] W. long.;
    (219) 33[deg]49.61[min] N. lat., 118[deg]28.07[min] W. long.;
    (220) 33[deg]49.77[min] N. lat., 118[deg]26.34[min] W. long.;
    (221) 33[deg]50.36[min] N. lat., 118[deg]25.84[min] W. long.;
    (222) 33[deg]49.92[min] N. lat., 118[deg]25.05[min] W. long.;
    (223) 33[deg]48.70[min] N. lat., 118[deg]26.70[min] W. long.;
    (224) 33[deg]47.72[min] N. lat., 118[deg]30.48[min] W. long.;
    (225) 33[deg]44.11[min] N. lat., 118[deg]25.25[min] W. long.;
    (226) 33[deg]41.62[min] N. lat., 118[deg]20.31[min] W. long.;
    (227) 33[deg]38.15[min] N. lat., 118[deg]15.85[min] W. long.;
    (228) 33[deg]37.53[min] N. lat., 118[deg]16.82[min] W. long.;
    (229) 33[deg]35.76[min] N. lat., 118[deg]16.75[min] W. long.;

[[Page 265]]

    (230) 33[deg]33.76[min] N. lat., 118[deg]11.37[min] W. long.;
    (231) 33[deg]33.76[min] N. lat., 118[deg]07.94[min] W. long.;
    (232) 33[deg]35.59[min] N. lat., 118[deg]05.05[min] W. long.;
    (233) 33[deg]33.67[min] N. lat., 117[deg]59.98[min] W. long.;
    (234) 33[deg]34.98[min] N. lat., 117[deg]55.66[min] W. long.;
    (235) 33[deg]34.84[min] N. lat., 117[deg]53.83[min] W. long.;
    (236) 33[deg]31.43[min] N. lat., 117[deg]48.76[min] W. long.;
    (237) 33[deg]16.61[min] N. lat., 117[deg]34.49[min] W. long.;
    (238) 33[deg]07.43[min] N. lat., 117[deg]22.40[min] W. long.;
    (239) 33[deg]02.93[min] N. lat., 117[deg]21.12[min] W. long.;
    (240) 33[deg]02.09[min] N. lat., 117[deg]20.28[min] W. long.;
    (241) 32[deg]59.91[min] N. lat., 117[deg]19.28[min] W. long.;
    (242) 32[deg]57.27[min] N. lat., 117[deg]18.82[min] W. long.;
    (243) 32[deg]56.17[min] N. lat., 117[deg]19.43[min] W. long.;
    (244) 32[deg]55.22[min] N. lat., 117[deg]19.09[min] W. long.;
    (245) 32[deg]54.30[min] N. lat., 117[deg]17.13[min] W. long.;
    (246) 32[deg]52.89[min] N. lat., 117[deg]17.03[min] W. long.;
    (247) 32[deg]52.61[min] N. lat., 117[deg]19.50[min] W. long.;
    (248) 32[deg]50.85[min] N. lat., 117[deg]21.14[min] W. long.;
    (249) 32[deg]47.11[min] N. lat., 117[deg]22.95[min] W. long.;
    (250) 32[deg]45.66[min] N. lat., 117[deg]22.60[min] W. long.;
    (251) 32[deg]42.99[min] N. lat., 117[deg]20.70[min] W. long.;
    (252) 32[deg]40.72[min] N. lat., 117[deg]20.23[min] W. long.;
    (253) 32[deg]38.11[min] N. lat., 117[deg]20.59[min] W. long.; and
    (254) 32[deg]33.83[min] N. lat., 117[deg]19.18[min] W. long.
    (k) The 75 fm (137 m) depth contour around the northern Channel 
Islands off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 34[deg]10.82[min] N. lat., 120[deg]33.26[min] W. long.;
    (2) 34[deg]11.78[min] N. lat., 120[deg]28.12[min] W. long.;
    (3) 34[deg]08.65[min] N. lat., 120[deg]18.46[min] W. long.;
    (4) 34[deg]07.01[min] N. lat., 120[deg]10.46[min] W. long.;
    (5) 34[deg]06.56[min] N. lat., 120[deg]04.00[min] W. long.;
    (6) 34[deg]08.11[min] N. lat., 119[deg]55.01[min] W. long.;
    (7) 34[deg]05.18[min] N. lat., 119[deg]37.94[min] W. long.;
    (8) 34[deg]05.22[min] N. lat., 119[deg]35.52[min] W. long.;
    (9) 34[deg]05.12[min] N. lat., 119[deg]32.74[min] W. long.;
    (10) 34[deg]04.32[min] N. lat., 119[deg]27.32[min] W. long.;
    (11) 34[deg]02.32[min] N. lat., 119[deg]18.46[min] W. long.;
    (12) 34[deg]00.95[min] N. lat., 119[deg]18.95[min] W. long.;
    (13) 33[deg]59.40[min] N. lat., 119[deg]21.74[min] W. long.;
    (14) 33[deg]58.70[min] N. lat., 119[deg]32.21[min] W. long.;
    (15) 33[deg]56.12[min] N. lat., 119[deg]41.10[min] W. long.;
    (16) 33[deg]55.74[min] N. lat., 119[deg]48.00[min] W. long.;
    (17) 33[deg]56.91[min] N. lat., 119[deg]52.04[min] W. long.;
    (18) 33[deg]59.06[min] N. lat., 119[deg]55.38[min] W. long.;
    (19) 33[deg]57.82[min] N. lat., 119[deg]54.99[min] W. long.;
    (20) 33[deg]56.58[min] N. lat., 119[deg]53.75[min] W. long.;
    (21) 33[deg]54.43[min] N. lat., 119[deg]54.07[min] W. long.;
    (22) 33[deg]52.67[min] N. lat., 119[deg]54.78[min] W. long.;
    (23) 33[deg]48.33[min] N. lat., 119[deg]55.09[min] W. long.;
    (24) 33[deg]47.28[min] N. lat., 119[deg]57.30[min] W. long.;
    (25) 33[deg]47.36[min] N. lat., 120[deg]00.39[min] W. long.;
    (26) 33[deg]49.16[min] N. lat., 120[deg]05.06[min] W. long.;
    (27) 33[deg]52.00[min] N. lat., 120[deg]08.15[min] W. long.;
    (28) 33[deg]58.11[min] N. lat., 120[deg]25.59[min] W. long.;
    (29) 34[deg]02.15[min] N. lat., 120[deg]32.70[min] W. long.;
    (30) 34[deg]08.86[min] N. lat., 120[deg]37.12[min] W. long.; and
    (31) 34[deg]10.82[min] N. lat., 120[deg]33.26[min] W. long.
    (l) The 75 fm (137 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]04.54[min] N. lat., 118[deg]37.54[min] W. long.;
    (2) 33[deg]02.56[min] N. lat., 118[deg]34.12[min] W. long.;
    (3) 32[deg]55.54[min] N. lat., 118[deg]28.87[min] W. long.;
    (4) 32[deg]55.02[min] N. lat., 118[deg]27.69[min] W. long.;
    (5) 32[deg]49.78[min] N. lat., 118[deg]20.88[min] W. long.;
    (6) 32[deg]48.32[min] N. lat., 118[deg]19.89[min] W. long.;
    (7) 32[deg]47.41[min] N. lat., 118[deg]21.98[min] W. long.;
    (8) 32[deg]44.39[min] N. lat., 118[deg]24.49[min] W. long.;
    (9) 32[deg]47.93[min] N. lat., 118[deg]29.90[min] W. long.;
    (10) 32[deg]49.69[min] N. lat., 118[deg]31.52[min] W. long.;
    (11) 32[deg]53.57[min] N. lat., 118[deg]33.09[min] W. long.;
    (12) 32[deg]55.42[min] N. lat., 118[deg]35.17[min] W. long.;
    (13) 33[deg]00.49[min] N. lat., 118[deg]38.56[min] W. long.;
    (14) 33[deg]03.23[min] N. lat., 118[deg]39.16[min] W. long.; and
    (15) 33[deg]04.54[min] N. lat., 118[deg]37.54[min] W. long.
    (m) The 75 fm (137 m) depth contour around Santa Catalina Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]28.17[min] N. lat., 118[deg]38.16[min] W. long.;
    (2) 33[deg]29.35[min] N. lat., 118[deg]36.23[min] W. long.;
    (3) 33[deg]28.85[min] N. lat., 118[deg]30.85[min] W. long.;
    (4) 33[deg]26.69[min] N. lat., 118[deg]27.37[min] W. long.;
    (5) 33[deg]26.33[min] N. lat., 118[deg]25.37[min] W. long.;

[[Page 266]]

    (6) 33[deg]25.35[min] N. lat., 118[deg]22.83[min] W. long.;
    (7) 33[deg]22.47[min] N. lat., 118[deg]18.53[min] W. long.;
    (8) 33[deg]19.51[min] N. lat., 118[deg]16.82[min] W. long.;
    (9) 33[deg]17.07[min] N. lat., 118[deg]16.38[min] W. long.;
    (10) 33[deg]16.58[min] N. lat., 118[deg]17.61[min] W. long.;
    (11) 33[deg]18.35[min] N. lat., 118[deg]27.86[min] W. long.;
    (12) 33[deg]20.07[min] N. lat., 118[deg]32.35[min] W. long.;
    (13) 33[deg]21.82[min] N. lat., 118[deg]32.09[min] W. long.;
    (14) 33[deg]23.15[min] N. lat., 118[deg]29.99[min] W. long.;
    (15) 33[deg]24.96[min] N. lat., 118[deg]32.21[min] W. long.;
    (16) 33[deg]25.67[min] N. lat., 118[deg]34.88[min] W. long.;
    (17) 33[deg]27.57[min] N. lat., 118[deg]37.90[min] W. long.; and
    (18) 33[deg]28.17[min] N. lat., 118[deg]38.16[min] W. long.

[69 FR 77051, Dec. 23, 2004, as amended at 71 FR 8500, Feb. 17, 2006; 71 
FR 78672, Dec. 29, 2006; 74 FR 9898, Mar. 6, 2009]



Sec. 660.393  Latitude/longitude coordinates defining the 100 fm (183 m)
through 150 fm (274 m) depth contours.

    Boundaries for RCAs are defined by straight lines connecting a 
series of latitude/longitude coordinates. This section provides 
coordinates for the 100 fm (183 m) through 150 fm (274 m) depth 
contours.
    (a) The 100-fm (183-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]15.00[min] N. lat., 125[deg]41.00[min] W. long.;
    (2) 48[deg]14.00[min] N. lat., 125[deg]36.00[min] W. long.;
    (3) 48[deg]09.50[min] N. lat., 125[deg]40.50[min] W. long.;
    (4) 48[deg]08.00[min] N. lat., 125[deg]38.00[min] W. long.;
    (5) 48[deg]05.00[min] N. lat., 125[deg]37.25[min] W. long.;
    (6) 48[deg]02.60[min] N. lat., 125[deg]34.70[min] W. long.;
    (7) 47[deg]59.00[min] N. lat., 125[deg]34.00[min] W. long.;
    (8) 47[deg]57.26[min] N. lat., 125[deg]29.82[min] W. long.;
    (9) 47[deg]59.87[min] N. lat., 125[deg]25.81[min] W. long.;
    (10) 48[deg]01.80[min] N. lat., 125[deg]24.53[min] W. long.;
    (11) 48[deg]02.08[min] N. lat., 125[deg]22.98[min] W. long.;
    (12) 48[deg]02.97[min] N. lat., 125[deg]22.89[min] W. long.;
    (13) 48[deg]04.47[min] N. lat., 125[deg]21.75[min] W. long.;
    (14) 48[deg]06.11[min] N. lat., 125[deg]19.33[min] W. long.;
    (15) 48[deg]07.95[min] N. lat., 125[deg]18.55[min] W. long.;
    (16) 48[deg]09.00[min] N. lat., 125[deg]18.00[min] W. long.;
    (17) 48[deg]11.31[min] N. lat., 125[deg]17.55[min] W. long.;
    (18) 48[deg]14.60[min] N. lat., 125[deg]13.46[min] W. long.;
    (19) 48[deg]16.67[min] N. lat., 125[deg]14.34[min] W. long.;
    (20) 48[deg]18.73[min] N. lat., 125[deg]14.41[min] W. long.;
    (21) 48[deg]19.67[min] N. lat., 125[deg]13.70[min] W. long.;
    (22) 48[deg]19.70[min] N. lat., 125[deg]11.13[min] W. long.;
    (23) 48[deg]22.95[min] N. lat., 125[deg]10.79[min] W. long.;
    (24) 48[deg]21.61[min] N. lat., 125[deg]02.54[min] W. long.;
    (25) 48[deg]23.00[min] N. lat., 124[deg]49.34[min] W. long.;
    (26) 48[deg]17.00[min] N. lat., 124[deg]56.50[min] W. long.;
    (27) 48[deg]06.00[min] N. lat., 125[deg]00.00[min] W. long.;
    (28) 48[deg]04.62[min] N. lat., 125[deg]01.73[min] W. long.;
    (29) 48[deg]04.84[min] N. lat., 125[deg]04.03[min] W. long.;
    (30) 48[deg]06.41[min] N. lat., 125[deg]06.51[min] W. long.;
    (31) 48[deg]06.00[min] N. lat., 125[deg]08.00[min] W. long.;
    (32) 48[deg]07.08[min] N. lat., 125[deg]09.34[min] W. long.;
    (33) 48[deg]07.28[min] N. lat., 125[deg]11.14[min] W. long.;
    (34) 48[deg]03.45[min] N. lat., 125[deg]16.66[min] W. long.;
    (35) 48[deg]02.35[min] N. lat., 125[deg]17.30[min] W. long.;
    (36) 48[deg]02.35[min] N. lat., 125[deg]18.07[min] W. long.;
    (37) 48[deg]00.00[min] N. lat., 125[deg]19.30[min] W. long.;
    (38) 47[deg]59.50[min] N. lat., 125[deg]18.88[min] W. long.;
    (39) 47[deg]58.68[min] N. lat., 125[deg]16.19[min] W. long.;
    (40) 47[deg]56.62[min] N. lat., 125[deg]13.50[min] W. long.;
    (41) 47[deg]53.71[min] N. lat., 125[deg]11.96[min] W. long.;
    (42) 47[deg]51.70[min] N. lat., 125[deg]09.38[min] W. long.;
    (43) 47[deg]49.95[min] N. lat., 125[deg]06.07[min] W. long.;
    (44) 47[deg]49.00[min] N. lat., 125[deg]03.00[min] W. long.;
    (45) 47[deg]46.95[min] N. lat., 125[deg]04.00[min] W. long.;
    (46) 47[deg]46.58[min] N. lat., 125[deg]03.15[min] W. long.;
    (47) 47[deg]44.07[min] N. lat., 125[deg]04.28[min] W. long.;
    (48) 47[deg]43.32[min] N. lat., 125[deg]04.41[min] W. long.;
    (49) 47[deg]40.95[min] N. lat., 125[deg]04.14[min] W. long.;
    (50) 47[deg]39.58[min] N. lat., 125[deg]04.97[min] W. long.;
    (51) 47[deg]36.23[min] N. lat., 125[deg]02.77[min] W. long.;
    (52) 47[deg]34.28[min] N. lat., 124[deg]58.66[min] W. long.;
    (53) 47[deg]32.17[min] N. lat., 124[deg]57.77[min] W. long.;
    (54) 47[deg]30.27[min] N. lat., 124[deg]56.16[min] W. long.;
    (55) 47[deg]30.60[min] N. lat., 124[deg]54.80[min] W. long.;
    (56) 47[deg]29.26[min] N. lat., 124[deg]52.21[min] W. long.;
    (57) 47[deg]28.21[min] N. lat., 124[deg]50.65[min] W. long.;
    (58) 47[deg]27.38[min] N. lat., 124[deg]49.34[min] W. long.;
    (59) 47[deg]25.61[min] N. lat., 124[deg]48.26[min] W. long.;
    (60) 47[deg]23.54[min] N. lat., 124[deg]46.42[min] W. long.;
    (61) 47[deg]20.64[min] N. lat., 124[deg]45.91[min] W. long.;
    (62) 47[deg]17.99[min] N. lat., 124[deg]45.59[min] W. long.;
    (63) 47[deg]18.20[min] N. lat., 124[deg]49.12[min] W. long.;
    (64) 47[deg]15.01[min] N. lat., 124[deg]51.09[min] W. long.;
    (65) 47[deg]12.61[min] N. lat., 124[deg]54.89[min] W. long.;
    (66) 47[deg]08.22[min] N. lat., 124[deg]56.53[min] W. long.;
    (67) 47[deg]08.50[min] N. lat., 124[deg]57.74[min] W. long.;
    (68) 47[deg]01.92[min] N. lat., 124[deg]54.95[min] W. long.;
    (69) 47[deg]01.08[min] N. lat., 124[deg]59.22[min] W. long.;
    (70) 46[deg]58.48[min] N. lat., 124[deg]57.81[min] W. long.;
    (71) 46[deg]56.79[min] N. lat., 124[deg]56.03[min] W. long.;
    (72) 46[deg]58.01[min] N. lat., 124[deg]55.09[min] W. long.;
    (73) 46[deg]55.07[min] N. lat., 124[deg]54.14[min] W. long.;
    (74) 46[deg]59.60[min] N. lat., 124[deg]49.79[min] W. long.;
    (75) 46[deg]58.72[min] N. lat., 124[deg]48.78[min] W. long.;
    (76) 46[deg]54.45[min] N. lat., 124[deg]48.36[min] W. long.;
    (77) 46[deg]53.99[min] N. lat., 124[deg]49.95[min] W. long.;
    (78) 46[deg]54.38[min] N. lat., 124[deg]52.73[min] W. long.;
    (79) 46[deg]52.38[min] N. lat., 124[deg]52.02[min] W. long.;
    (80) 46[deg]48.93[min] N. lat., 124[deg]49.17[min] W. long.;
    (81) 46[deg]41.50[min] N. lat., 124[deg]43.00[min] W. long.;
    (82) 46[deg]34.50[min] N. lat., 124[deg]28.50[min] W. long.;
    (83) 46[deg]29.00[min] N. lat., 124[deg]30.00[min] W. long.;
    (84) 46[deg]20.00[min] N. lat., 124[deg]36.50[min] W. long.;

[[Page 267]]

    (85) 46[deg]18.40[min] N. lat., 124[deg]37.70[min] W. long.;
    (86) 46[deg]18.03[min] N. lat., 124[deg]35.46[min] W. long.;
    (87) 46[deg]17.00[min] N. lat., 124[deg]22.50[min] W. long.;
    (88) 46[deg]16.00[min] N. lat., 124[deg]20.62[min] W. long.;
    (89) 46[deg]13.52[min] N. lat., 124[deg]25.49[min] W. long.;
    (90) 46[deg]12.17[min] N. lat., 124[deg]30.74[min] W. long.;
    (91) 46[deg]10.63[min] N. lat., 124[deg]37.96[min] W. long.;
    (92) 46[deg]09.29[min] N. lat., 124[deg]39.01[min] W. long.;
    (93) 46[deg]02.40[min] N. lat., 124[deg]40.37[min] W. long.;
    (94) 45[deg]56.45[min] N. lat., 124[deg]38.00[min] W. long.;
    (95) 45[deg]51.92[min] N. lat., 124[deg]38.50[min] W. long.;
    (96) 45[deg]47.20[min] N. lat., 124[deg]35.58[min] W. long.;
    (97) 45[deg]46.40[min] N. lat., 124[deg]32.36[min] W. long.;
    (98) 45[deg]46.00[min] N. lat., 124[deg]32.10[min] W. long.;
    (99) 45[deg]41.75[min] N. lat., 124[deg]28.12[min] W. long.;
    (100) 45[deg]36.95[min] N. lat., 124[deg]24.47[min] W. long.;
    (101) 45[deg]31.84[min] N. lat., 124[deg]22.04[min] W. long.;
    (102) 45[deg]27.10[min] N. lat., 124[deg]21.74[min] W. long.;
    (103) 45[deg]20.25[min] N. lat., 124[deg]18.54[min] W. long.;
    (104) 45[deg]18.14[min] N. lat., 124[deg]17.59[min] W. long.;
    (105) 45[deg]11.08[min] N. lat., 124[deg]16.97[min] W. long.;
    (106) 45[deg]04.39[min] N. lat., 124[deg]18.35[min] W. long.;
    (107) 45[deg]03.83[min] N. lat., 124[deg]18.60[min] W. long.;
    (108) 44[deg]58.05[min] N. lat., 124[deg]21.58[min] W. long.;
    (109) 44[deg]47.67[min] N. lat., 124[deg]31.41[min] W. long.;
    (110) 44[deg]44.54[min] N. lat., 124[deg]33.58[min] W. long.;
    (111) 44[deg]39.88[min] N. lat., 124[deg]35.00[min] W. long.;
    (112) 44[deg]32.90[min] N. lat., 124[deg]36.81[min] W. long.;
    (113) 44[deg]30.34[min] N. lat., 124[deg]38.56[min] W. long.;
    (114) 44[deg]30.04[min] N. lat., 124[deg]42.31[min] W. long.;
    (115) 44[deg]26.84[min] N. lat., 124[deg]44.91[min] W. long.;
    (116) 44[deg]17.99[min] N. lat., 124[deg]51.04[min] W. long.;
    (117) 44[deg]12.92[min] N. lat., 124[deg]56.28[min] W. long.;
    (118) 44[deg]00.14[min] N. lat., 124[deg]55.25[min] W. long.;
    (119) 43[deg]57.68[min] N. lat., 124[deg]55.48[min] W. long.;
    (120) 43[deg]56.66[min] N. lat., 124[deg]55.45[min] W. long.;
    (121) 43[deg]56.47[min] N. lat., 124[deg]34.61[min] W. long.;
    (122) 43[deg]42.73[min] N. lat., 124[deg]32.41[min] W. long.;
    (123) 43[deg]30.92[min] N. lat., 124[deg]34.43[min] W. long.;
    (124) 43[deg]20.83[min] N. lat., 124[deg]39.39[min] W. long.;
    (125) 43[deg]17.45[min] N. lat., 124[deg]41.16[min] W. long.;
    (126) 43[deg]07.04[min] N. lat., 124[deg]41.25[min] W. long.;
    (127) 43[deg]03.45[min] N. lat., 124[deg]44.36[min] W. long.;
    (128) 43[deg]03.91[min] N. lat., 124[deg]50.81[min] W. long.;
    (129) 42[deg]55.70[min] N. lat., 124[deg]52.79[min] W. long.;
    (130) 42[deg]54.12[min] N. lat., 124[deg]47.36[min] W. long.;
    (131) 42[deg]50.00[min] N. lat., 124[deg]45.33[min] W. long.;
    (132) 42[deg]44.00[min] N. lat., 124[deg]42.38[min] W. long.;
    (133) 42[deg]40.50[min] N. lat., 124[deg]41.71[min] W. long.;
    (134) 42[deg]38.23[min] N. lat., 124[deg]41.25[min] W. long.;
    (135) 42[deg]33.02[min] N. lat., 124[deg]42.38[min] W. long.;
    (136) 42[deg]31.90[min] N. lat., 124[deg]42.04[min] W. long.;
    (137) 42[deg]30.08[min] N. lat., 124[deg]42.67[min] W. long.;
    (138) 42[deg]28.28[min] N. lat., 124[deg]47.08[min] W. long.;
    (139) 42[deg]25.22[min] N. lat., 124[deg]43.51[min] W. long.;
    (140) 42[deg]19.23[min] N. lat., 124[deg]37.91[min] W. long.;
    (141) 42[deg]16.29[min] N. lat., 124[deg]36.11[min] W. long.;
    (142) 42[deg]13.67[min] N. lat., 124[deg]35.81[min] W. long.;
    (143) 42[deg]05.66[min] N. lat., 124[deg]34.92[min] W. long.;
    (144) 42[deg]00.00[min] N. lat., 124[deg]35.27[min] W. long.;
    (145) 41[deg]47.04[min] N. lat., 124[deg]27.64[min] W. long.;
    (146) 41[deg]32.92[min] N. lat., 124[deg]28.79[min] W. long.;
    (147) 41[deg]24.17[min] N. lat., 124[deg]28.46[min] W. long.;
    (148) 41[deg]10.12[min] N. lat., 124[deg]20.50[min] W. long.;
    (149) 40[deg]51.41[min] N. lat., 124[deg]24.38[min] W. long.;
    (150) 40[deg]43.71[min] N. lat., 124[deg]29.89[min] W. long.;

[[Page 268]]

    (151) 40[deg]40.14[min] N. lat., 124[deg]30.90[min] W. long.;
    (152) 40[deg]37.35[min] N. lat., 124[deg]29.05[min] W. long.;
    (153) 40[deg]34.76[min] N. lat., 124[deg]29.82[min] W. long.;
    (154) 40[deg]36.78[min] N. lat., 124[deg]37.06[min] W. long.;
    (155) 40[deg]32.44[min] N. lat., 124[deg]39.58[min] W. long.;
    (156) 40[deg]30.00[min] N. lat., 124[deg]38.13[min] W. long.;
    (157) 40[deg]24.82[min] N. lat., 124[deg]35.12[min] W. long.;
    (158) 40[deg]23.30[min] N. lat., 124[deg]31.60[min] W. long.;
    (159) 40[deg]23.52[min] N. lat., 124[deg]28.78[min] W. long.;
    (160) 40[deg]22.43[min] N. lat., 124[deg]25.00[min] W. long.;
    (161) 40[deg]21.72[min] N. lat., 124[deg]24.94[min] W. long.;
    (162) 40[deg]21.87[min] N. lat., 124[deg]27.96[min] W. long.;
    (163) 40[deg]21.40[min] N. lat., 124[deg]28.74[min] W. long.;
    (164) 40[deg]19.68[min] N. lat., 124[deg]28.49[min] W. long.;
    (165) 40[deg]17.73[min] N. lat., 124[deg]25.43[min] W. long.;
    (166) 40[deg]18.37[min] N. lat., 124[deg]23.35[min] W. long.;
    (167) 40[deg]15.75[min] N. lat., 124[deg]26.05[min] W. long.;
    (168) 40[deg]16.75[min] N. lat., 124[deg]33.71[min] W. long.;
    (169) 40[deg]16.29[min] N. lat., 124[deg]34.36[min] W. long.;
    (170) 40[deg]10.00[min] N. lat., 124[deg]21.12[min] W. long.;
    (171) 40[deg]07.70[min] N. lat., 124[deg]18.44[min] W. long.;
    (172) 40[deg]08.84[min] N. lat., 124[deg]15.86[min] W. long.;
    (173) 40[deg]06.53[min] N. lat., 124[deg]17.39[min] W. long.;
    (174) 40[deg]03.15[min] N. lat., 124[deg]14.43[min] W. long.;
    (175) 40[deg]02.19[min] N. lat., 124[deg]12.85[min] W. long.;
    (176) 40[deg]02.89[min] N. lat., 124[deg]11.78[min] W. long.;
    (177) 40[deg]02.78[min] N. lat., 124[deg]10.70[min] W. long.;
    (178) 40[deg]04.57[min] N. lat., 124[deg]10.08[min] W. long.;
    (179) 40[deg]06.06[min] N. lat., 124[deg]08.30[min] W. long.;
    (180) 40[deg]04.05[min] N. lat., 124[deg]08.93[min] W. long.;
    (181) 40[deg]01.17[min] N. lat., 124[deg]08.80[min] W. long.;
    (182) 40[deg]01.03[min] N. lat., 124[deg]10.06[min] W. long.;
    (183) 39[deg]58.07[min] N. lat., 124[deg]11.89[min] W. long.;
    (184) 39[deg]56.39[min] N. lat., 124[deg]08.71[min] W. long.;
    (185) 39[deg]54.64[min] N. lat., 124[deg]07.30[min] W. long.;
    (186) 39[deg]53.86[min] N. lat., 124[deg]07.95[min] W. long.;
    (187) 39[deg]51.95[min] N. lat., 124[deg]07.63[min] W. long.;
    (188) 39[deg]48.78[min] N. lat., 124[deg]03.29[min] W. long.;
    (189) 39[deg]47.36[min] N. lat., 124[deg]03.31[min] W. long.;
    (190) 39[deg]40.08[min] N. lat., 123[deg]58.37[min] W. long.;
    (191) 39[deg]36.16[min] N. lat., 123[deg]56.90[min] W. long.;
    (192) 39[deg]30.75[min] N. lat., 123[deg]55.86[min] W. long.;
    (193) 39[deg]31.62[min] N. lat., 123[deg]57.33[min] W. long.;
    (194) 39[deg]30.91[min] N. lat., 123[deg]57.88[min] W. long.;
    (195) 39[deg]01.79[min] N. lat., 123[deg]56.59[min] W. long.;
    (196) 38[deg]59.42[min] N. lat., 123[deg]55.67[min] W. long.;
    (197) 38[deg]58.89[min] N. lat., 123[deg]56.28[min] W. long.;
    (198) 38[deg]57.50[min] N. lat., 123[deg]56.28[min] W. long.;
    (199) 38[deg]54.72[min] N. lat., 123[deg]55.68[min] W. long.;
    (200) 38[deg]48.95[min] N. lat., 123[deg]51.85[min] W. long.;
    (201) 38[deg]36.67[min] N. lat., 123[deg]40.20[min] W. long.;
    (202) 38[deg]33.82[min] N. lat., 123[deg]39.23[min] W. long.;
    (203) 38[deg]29.02[min] N. lat., 123[deg]33.52[min] W. long.;
    (204) 38[deg]18.88[min] N. lat., 123[deg]25.93[min] W. long.;
    (205) 38[deg]14.12[min] N. lat., 123[deg]23.26[min] W. long.;
    (206) 38[deg]11.07[min] N. lat., 123[deg]22.07[min] W. long.;
    (207) 38[deg]03.18[min] N. lat., 123[deg]20.77[min] W. long.;
    (208) 38[deg]00.00[min] N. lat., 123[deg]23.08[min] W. long.;

[[Page 269]]

    (209) 37[deg]55.07[min] N. lat., 123[deg]26.81[min] W. long.;
    (210) 37[deg]50.66[min] N. lat., 123[deg]23.06[min] W. long.;
    (211) 37[deg]45.18[min] N. lat., 123[deg]11.88[min] W. long.;
    (212) 37[deg]35.67[min] N. lat., 123[deg]01.20[min] W. long.;
    (213) 37[deg]26.81[min] N. lat., 122[deg]55.57[min] W. long.;
    (214) 37[deg]26.78[min] N. lat., 122[deg]53.91[min] W. long.;
    (215) 37[deg]25.74[min] N. lat., 122[deg]54.13[min] W. long.;
    (216) 37[deg]25.33[min] N. lat., 122[deg]53.59[min] W. long.;
    (217) 37[deg]25.29[min] N. lat., 122[deg]52.57[min] W. long.;
    (218) 37[deg]24.50[min] N. lat., 122[deg]52.09[min] W. long.;
    (219) 37[deg]23.25[min] N. lat., 122[deg]53.12[min] W. long.;
    (220) 37[deg]15.58[min] N. lat., 122[deg]48.36[min] W. long.;
    (221) 37[deg]11.00[min] N. lat., 122[deg]44.50[min] W. long.;
    (222) 37[deg]07.00[min] N. lat., 122[deg]41.25[min] W. long.;
    (223) 37[deg]03.18[min] N. lat., 122[deg]38.15[min] W. long.;
    (224) 37[deg]00.48[min] N. lat., 122[deg]33.93[min] W. long.;
    (225) 36[deg]58.70[min] N. lat., 122[deg]27.22[min] W. long.;
    (226) 37[deg]00.85[min] N. lat., 122[deg]24.70[min] W. long.;
    (227) 36[deg]58.00[min] N. lat., 122[deg]24.14[min] W. long.;
    (228) 36[deg]58.74[min] N. lat., 122[deg]21.51[min] W. long.;
    (229) 36[deg]56.97[min] N. lat., 122[deg]21.32[min] W. long.;
    (230) 36[deg]51.52[min] N. lat., 122[deg]10.68[min] W. long.;
    (231) 36[deg]48.39[min] N. lat., 122[deg]07.60[min] W. long.;
    (232) 36[deg]47.43[min] N. lat., 122[deg]03.22[min] W. long.;
    (233) 36[deg]50.95[min] N. lat., 121[deg]58.03[min] W. long.;
    (234) 36[deg]49.92[min] N. lat., 121[deg]58.01[min] W. long.;
    (235) 36[deg]48.88[min] N. lat., 121[deg]58.90[min] W. long.;
    (236) 36[deg]47.70[min] N. lat., 121[deg]58.75[min] W. long.;
    (237) 36[deg]48.37[min] N. lat., 121[deg]51.14[min] W. long.;
    (238) 36[deg]45.74[min] N. lat., 121[deg]54.17[min] W. long.;
    (239) 36[deg]45.51[min] N. lat., 121[deg]57.72[min] W. long.;
    (240) 36[deg]38.84[min] N. lat., 122[deg]01.32[min] W. long.;
    (241) 36[deg]35.62[min] N. lat., 122[deg]00.98[min] W. long.;
    (242) 36[deg]32.46[min] N. lat., 121[deg]59.15[min] W. long.;
    (243) 36[deg]32.79[min] N. lat., 121[deg]57.67[min] W. long.;
    (244) 36[deg]31.98[min] N. lat., 121[deg]56.55[min] W. long.;
    (245) 36[deg]31.79[min] N. lat., 121[deg]58.40[min] W. long.;
    (246) 36[deg]30.73[min] N. lat., 121[deg]59.70[min] W. long.;
    (247) 36[deg]30.31[min] N. lat., 122[deg]00.22[min] W. long.;
    (248) 36[deg]29.35[min] N. lat., 122[deg]00.36[min] W. long.;
    (249) 36[deg]27.66[min] N. lat., 121[deg]59.80[min] W. long.;
    (250) 36[deg]26.22[min] N. lat., 121[deg]58.35[min] W. long.;
    (251) 36[deg]21.20[min] N. lat., 122[deg]00.72[min] W. long.;
    (252) 36[deg]20.47[min] N. lat., 122[deg]02.92[min] W. long.;
    (253) 36[deg]18.46[min] N. lat., 122[deg]04.51[min] W. long.;
    (254) 36[deg]15.92[min] N. lat., 122[deg]01.33[min] W. long.;
    (255) 36[deg]13.76[min] N. lat., 121[deg]57.27[min] W. long.;
    (256) 36[deg]14.43[min] N. lat., 121[deg]55.43[min] W. long.;
    (257) 36[deg]10.24[min] N. lat., 121[deg]43.08[min] W. long.;
    (258) 36[deg]07.66[min] N. lat., 121[deg]40.91[min] W. long.;
    (259) 36[deg]02.49[min] N. lat., 121[deg]36.51[min] W. long.;
    (260) 36[deg]01.08[min] N. lat., 121[deg]36.63[min] W. long.;
    (261) 36[deg]00.00[min] N. lat., 121[deg]35.41[min] W. long.;
    (262) 35[deg]57.84[min] N. lat., 121[deg]32.81[min] W. long.;
    (263) 35[deg]50.36[min] N. lat., 121[deg]29.32[min] W. long.;
    (264) 35[deg]39.03[min] N. lat., 121[deg]22.86[min] W. long.;
    (265) 35[deg]24.30[min] N. lat., 121[deg]02.56[min] W. long.;
    (266) 35[deg]16.53[min] N. lat., 121[deg]00.39[min] W. long.;

[[Page 270]]

    (267) 35[deg]04.82[min] N. lat., 120[deg]53.96[min] W. long.;
    (268) 34[deg]52.51[min] N. lat., 120[deg]51.62[min] W. long.;
    (269) 34[deg]43.36[min] N. lat., 120[deg]52.12[min] W. long.;
    (270) 34[deg]37.64[min] N. lat., 120[deg]49.99[min] W. long.;
    (271) 34[deg]30.80[min] N. lat., 120[deg]45.02[min] W. long.;
    (272) 34[deg]27.00[min] N. lat., 120[deg]39.00[min] W. long.;
    (273) 34[deg]21.90[min] N. lat., 120[deg]25.25[min] W. long.;
    (274) 34[deg]24.86[min] N. lat., 120[deg]16.81[min] W. long.;
    (275) 34[deg]22.80[min] N. lat., 119[deg]57.06[min] W. long.;
    (276) 34[deg]18.59[min] N. lat., 119[deg]44.84[min] W. long.;
    (277) 34[deg]15.04[min] N. lat., 119[deg]40.34[min] W. long.;
    (278) 34[deg]14.40[min] N. lat., 119[deg]45.39[min] W. long.;
    (279) 34[deg]12.32[min] N. lat., 119[deg]42.41[min] W. long.;
    (280) 34[deg]09.71[min] N. lat., 119[deg]28.85[min] W. long.;
    (281) 34[deg]04.70[min] N. lat., 119[deg]15.38[min] W. long.;
    (282) 34[deg]03.33[min] N. lat., 119[deg]12.93[min] W. long.;
    (283) 34[deg]02.72[min] N. lat., 119[deg]07.01[min] W. long.;
    (284) 34[deg]03.90[min] N. lat., 119[deg]04.64[min] W. long.;
    (285) 34[deg]01.80[min] N. lat., 119[deg]03.23[min] W. long.;
    (286) 33[deg]59.32[min] N. lat., 119[deg]03.50[min] W. long.;
    (287) 33[deg]59.00[min] N. lat., 118[deg]59.55[min] W. long.;
    (288) 33[deg]59.51[min] N. lat., 118[deg]57.25[min] W. long.;
    (289) 33[deg]58.82[min] N. lat., 118[deg]52.47[min] W. long.;
    (290) 33[deg]58.54[min] N. lat., 118[deg]41.86[min] W. long.;
    (291) 33[deg]55.07[min] N. lat., 118[deg]34.25[min] W. long.;
    (292) 33[deg]54.28[min] N. lat., 118[deg]38.68[min] W. long.;
    (293) 33[deg]51.00[min] N. lat., 118[deg]36.66[min] W. long.;
    (294) 33[deg]39.77[min] N. lat., 118[deg]18.41[min] W. long.;
    (295) 33[deg]35.50[min] N. lat., 118[deg]16.85[min] W. long.;
    (296) 33[deg]32.68[min] N. lat., 118[deg]09.82[min] W. long.;
    (297) 33[deg]34.09[min] N. lat., 117[deg]54.06[min] W. long.;
    (298) 33[deg]31.60[min] N. lat., 117[deg]49.28[min] W. long.;
    (299) 33[deg]16.07[min] N. lat., 117[deg]34.74[min] W. long.;
    (300) 33[deg]07.06[min] N. lat., 117[deg]22.71[min] W. long.;
    (301) 32[deg]59.28[min] N. lat., 117[deg]19.69[min] W. long.;
    (302) 32[deg]55.36[min] N. lat., 117[deg]19.54[min] W. long.;
    (303) 32[deg]53.35[min] N. lat., 117[deg]17.05[min] W. long.;
    (304) 32[deg]53.36[min] N. lat., 117[deg]19.97[min] W. long.;
    (305) 32[deg]46.39[min] N. lat., 117[deg]23.45[min] W. long.;
    (306) 32[deg]42.79[min] N. lat., 117[deg]21.16[min] W. long.; and
    (307) 32[deg]34.22[min] N. lat., 117[deg]21.20[min] W. long.
    (b) The 100 fm (183 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]04.73[min] N. lat., 118[deg]37.98[min] W. long.;
    (2) 33[deg]02.67[min] N. lat., 118[deg]34.06[min] W. long.;
    (3) 32[deg]55.80[min] N. lat., 118[deg]28.92[min] W. long.;
    (4) 32[deg]49.78[min] N. lat., 118[deg]20.88[min] W. long.;
    (5) 32[deg]48.01[min] N. lat., 118[deg]19.49[min] W. long.;
    (6) 32[deg]47.53[min] N. lat., 118[deg]21.76[min] W. long.;
    (7) 32[deg]44.03[min] N. lat., 118[deg]24.70[min] W. long.;
    (8) 32[deg]49.75[min] N. lat., 118[deg]32.10[min] W. long.;
    (9) 32[deg]53.36[min] N. lat., 118[deg]33.23[min] W. long.;
    (10) 32[deg]55.17[min] N. lat., 118[deg]34.64[min] W. long.;
    (11) 32[deg]55.13[min] N. lat., 118[deg]35.31[min] W. long.;
    (12) 33[deg]00.22[min] N. lat., 118[deg]38.68[min] W. long.;
    (13) 33[deg]03.13[min] N. lat., 118[deg]39.59[min] W. long.; and
    (14) 33[deg]04.73[min] N. lat., 118[deg]37.98[min] W. long.
    (c) The 100 fm (183 m) depth contour around Santa Catalina Island 
off the state of California is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 33[deg]28.23[min] N. lat., 118[deg]39.38[min] W. long.;
    (2) 33[deg]29.60[min] N. lat., 118[deg]36.11[min] W. long.;
    (3) 33[deg]29.14[min] N. lat., 118[deg]30.81[min] W. long.;
    (4) 33[deg]26.97[min] N. lat., 118[deg]27.57[min] W. long.;
    (5) 33[deg]25.68[min] N. lat., 118[deg]23.00[min] W. long.;
    (6) 33[deg]22.67[min] N. lat., 118[deg]18.41[min] W. long.;
    (7) 33[deg]19.72[min] N. lat., 118[deg]16.25[min] W. long.;
    (8) 33[deg]17.14[min] N. lat., 118[deg]14.96[min] W. long.;
    (9) 33[deg]16.09[min] N. lat., 118[deg]15.46[min] W. long.;
    (10) 33[deg]18.10[min] N. lat., 118[deg]27.95[min] W. long.;

[[Page 271]]

    (11) 33[deg]19.84[min] N. lat., 118[deg]32.16[min] W. long.;
    (12) 33[deg]20.83[min] N. lat., 118[deg]32.83[min] W. long.;
    (13) 33[deg]21.91[min] N. lat., 118[deg]31.98[min] W. long.;
    (14) 33[deg]23.05[min] N. lat., 118[deg]30.11[min] W. long.;
    (15) 33[deg]24.87[min] N. lat., 118[deg]32.45[min] W. long.;
    (16) 33[deg]25.30[min] N. lat., 118[deg]34.32[min] W. long.; and
    (17) 33[deg]28.23[min] N. lat., 118[deg]39.38[min] W. long.
    (d) The 125-fm (229-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]15.00[min] N. lat., 125[deg]41.13[min] W. long.;
    (2) 48[deg]13.05[min] N. lat., 125[deg]37.43[min] W. long.;
    (3) 48[deg]08.62[min] N. lat., 125[deg]41.68[min] W. long.;
    (4) 48[deg]07.42[min] N. lat., 125[deg]42.38[min] W. long.;
    (5) 48[deg]04.20[min] N. lat., 125[deg]36.57[min] W. long.;
    (6) 48[deg]02.79[min] N. lat., 125[deg]35.55[min] W. long.;
    (7) 48[deg]00.48[min] N. lat., 125[deg]37.84[min] W. long.;
    (8) 47[deg]54.90[min] N. lat., 125[deg]34.79[min] W. long.;
    (9) 47[deg]58.37[min] N. lat., 125[deg]26.58[min] W. long.;
    (10) 47[deg]59.84[min] N. lat., 125[deg]25.20[min] W. long.;
    (11) 48[deg]01.85[min] N. lat., 125[deg]24.12[min] W. long.;
    (12) 48[deg]02.13[min] N. lat., 125[deg]22.80[min] W. long.;
    (13) 48[deg]03.31[min] N. lat., 125[deg]22.46[min] W. long.;
    (14) 48[deg]06.83[min] N. lat., 125[deg]17.73[min] W. long.;
    (15) 48[deg]10.08[min] N. lat., 125[deg]15.56[min] W. long.;
    (16) 48[deg]11.24[min] N. lat., 125[deg]13.72[min] W. long.;
    (17) 48[deg]12.41[min] N. lat., 125[deg]14.48[min] W. long.;
    (18) 48[deg]13.01[min] N. lat., 125[deg]13.77[min] W. long.;
    (19) 48[deg]13.59[min] N. lat., 125[deg]12.83[min] W. long.;
    (20) 48[deg]12.22[min] N. lat., 125[deg]12.28[min] W. long.;
    (21) 48[deg]11.15[min] N. lat., 125[deg]12.26[min] W. long.;
    (22) 48[deg]10.18[min] N. lat., 125[deg]10.44[min] W. long.;
    (23) 48[deg]10.18[min] N. lat., 125[deg]06.32[min] W. long.;
    (24) 48[deg]15.39[min] N. lat., 125[deg]02.83[min] W. long.;
    (25) 48[deg]18.32[min] N. lat., 125[deg]01.00[min] W. long.;
    (26) 48[deg]21.67[min] N. lat., 125[deg]01.86[min] W. long.;
    (27) 48[deg]25.70[min] N. lat., 125[deg]00.10[min] W. long.;
    (28) 48[deg]26.43[min] N. lat., 124[deg]56.65[min] W. long.;
    (29) 48[deg]24.28[min] N. lat., 124[deg]56.48[min] W. long.;
    (30) 48[deg]23.27[min] N. lat., 124[deg]59.12[min] W. long.;
    (31) 48[deg]21.79[min] N. lat., 124[deg]59.30[min] W. long.;
    (32) 48[deg]20.71[min] N. lat., 124[deg]58.74[min] W. long.;
    (33) 48[deg]19.84[min] N. lat., 124[deg]57.09[min] W. long.;
    (34) 48[deg]22.06[min] N. lat., 124[deg]54.78[min] W. long.;
    (35) 48[deg]22.45[min] N. lat., 124[deg]53.35[min] W. long.;
    (36) 48[deg]22.74[min] N. lat., 124[deg]50.96[min] W. long.;
    (37) 48[deg]21.04[min] N. lat., 124[deg]52.60[min] W. long.;
    (38) 48[deg]18.07[min] N. lat., 124[deg]55.85[min] W. long.;
    (39) 48[deg]15.03[min] N. lat., 124[deg]58.16[min] W. long.;
    (40) 48[deg]11.31[min] N. lat., 124[deg]58.53[min] W. long.;
    (41) 48[deg]06.25[min] N. lat., 125[deg]00.06[min] W. long.;
    (42) 48[deg]04.70[min] N. lat., 125[deg]01.80[min] W. long.;
    (43) 48[deg]04.93[min] N. lat., 125[deg]03.92[min] W. long.;
    (44) 48[deg]06.44[min] N. lat., 125[deg]06.50[min] W. long.;
    (45) 48[deg]07.34[min] N. lat., 125[deg]09.35[min] W. long.;
    (46) 48[deg]07.62[min] N. lat., 125[deg]11.37[min] W. long.;
    (47) 48[deg]03.71[min] N. lat., 125[deg]17.63[min] W. long.;
    (48) 48[deg]01.35[min] N. lat., 125[deg]18.66[min] W. long.;
    (49) 48[deg]00.05[min] N. lat., 125[deg]19.66[min] W. long.;
    (50) 47[deg]59.51[min] N. lat., 125[deg]18.90[min] W. long.;
    (51) 47[deg]58.29[min] N. lat., 125[deg]16.64[min] W. long.;
    (52) 47[deg]54.67[min] N. lat., 125[deg]13.20[min] W. long.;
    (53) 47[deg]53.15[min] N. lat., 125[deg]12.53[min] W. long.;
    (54) 47[deg]48.46[min] N. lat., 125[deg]04.72[min] W. long.;
    (55) 47[deg]46.10[min] N. lat., 125[deg]04.00[min] W. long.;
    (56) 47[deg]44.60[min] N. lat., 125[deg]04.49[min] W. long.;
    (57) 47[deg]42.90[min] N. lat., 125[deg]04.72[min] W. long.;
    (58) 47[deg]40.71[min] N. lat., 125[deg]04.68[min] W. long.;
    (59) 47[deg]39.02[min] N. lat., 125[deg]05.63[min] W. long.;
    (60) 47[deg]34.86[min] N. lat., 125[deg]02.11[min] W. long.;
    (61) 47[deg]31.64[min] N. lat., 124[deg]58.11[min] W. long.;
    (62) 47[deg]29.69[min] N. lat., 124[deg]55.71[min] W. long.;
    (63) 47[deg]29.35[min] N. lat., 124[deg]53.23[min] W. long.;
    (64) 47[deg]28.56[min] N. lat., 124[deg]51.34[min] W. long.;
    (65) 47[deg]25.31[min] N. lat., 124[deg]48.20[min] W. long.;
    (66) 47[deg]23.92[min] N. lat., 124[deg]47.15[min] W. long.;
    (67) 47[deg]18.09[min] N. lat., 124[deg]45.74[min] W. long.;
    (68) 47[deg]18.65[min] N. lat., 124[deg]51.51[min] W. long.;
    (69) 47[deg]18.12[min] N. lat., 124[deg]52.58[min] W. long.;
    (70) 47[deg]17.64[min] N. lat., 124[deg]50.45[min] W. long.;
    (71) 47[deg]16.31[min] N. lat., 124[deg]50.92[min] W. long.;
    (72) 47[deg]15.60[min] N. lat., 124[deg]52.62[min] W. long.;
    (73) 47[deg]14.25[min] N. lat., 124[deg]52.49[min] W. long.;
    (74) 47[deg]11.32[min] N. lat., 124[deg]57.19[min] W. long.;
    (75) 47[deg]09.14[min] N. lat., 124[deg]57.46[min] W. long.;
    (76) 47[deg]08.83[min] N. lat., 124[deg]58.47[min] W. long.;
    (77) 47[deg]05.88[min] N. lat., 124[deg]58.26[min] W. long.;
    (78) 47[deg]03.60[min] N. lat., 124[deg]55.84[min] W. long.;
    (79) 47[deg]02.91[min] N. lat., 124[deg]56.15[min] W. long.;
    (80) 47[deg]01.08[min] N. lat., 124[deg]59.46[min] W. long.;
    (81) 46[deg]58.13[min] N. lat., 124[deg]58.83[min] W. long.;
    (82) 46[deg]57.44[min] N. lat., 124[deg]57.78[min] W. long.;
    (83) 46[deg]55.98[min] N. lat., 124[deg]54.60[min] W. long.;
    (84) 46[deg]54.90[min] N. lat., 124[deg]54.14[min] W. long.;
    (85) 46[deg]58.47[min] N. lat., 124[deg]49.65[min] W. long.;
    (86) 46[deg]54.44[min] N. lat., 124[deg]48.79[min] W. long.;
    (87) 46[deg]54.41[min] N. lat., 124[deg]52.87[min] W. long.;
    (88) 46[deg]49.36[min] N. lat., 124[deg]52.77[min] W. long.;
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    (325) 34[deg]02.80[min] N. lat., 119[deg]12.95[min] W. long.;
    (326) 34[deg]02.39[min] N. lat., 119[deg]07.17[min] W. long.;
    (327) 34[deg]03.75[min] N. lat., 119[deg]04.72[min] W. long.;
    (328) 34[deg]01.82[min] N. lat., 119[deg]03.24[min] W. long.;
    (329) 33[deg]59.33[min] N. lat., 119[deg]03.49[min] W. long.;
    (330) 33[deg]59.01[min] N. lat., 118[deg]59.56[min] W. long.;
    (331) 33[deg]59.51[min] N. lat., 118[deg]57.25[min] W. long.;
    (332) 33[deg]58.83[min] N. lat., 118[deg]52.50[min] W. long.;
    (333) 33[deg]58.55[min] N. lat., 118[deg]41.86[min] W. long.;
    (334) 33[deg]55.10[min] N. lat., 118[deg]34.25[min] W. long.;
    (335) 33[deg]54.30[min] N. lat., 118[deg]38.71[min] W. long.;

[[Page 276]]

    (336) 33[deg]50.88[min] N. lat., 118[deg]37.02[min] W. long.;
    (337) 33[deg]39.78[min] N. lat., 118[deg]18.40[min] W. long.;
    (338) 33[deg]35.50[min] N. lat., 118[deg]16.85[min] W. long.;
    (339) 33[deg]32.46[min] N. lat., 118[deg]10.90[min] W. long.;
    (340) 33[deg]34.11[min] N. lat., 117[deg]54.07[min] W. long.;
    (341) 33[deg]31.61[min] N. lat., 117[deg]49.30[min] W. long.;
    (342) 33[deg]16.36[min] N. lat., 117[deg]35.48[min] W. long.;
    (343) 33[deg]06.81[min] N. lat., 117[deg]22.93[min] W. long.;
    (344) 32[deg]59.28[min] N. lat., 117[deg]19.69[min] W. long.;
    (345) 32[deg]55.37[min] N. lat., 117[deg]19.55[min] W. long.;
    (346) 32[deg]53.35[min] N. lat., 117[deg]17.05[min] W. long.;
    (347) 32[deg]53.36[min] N. lat., 117[deg]19.12[min] W. long.;
    (348) 32[deg]46.42[min] N. lat., 117[deg]23.45[min] W. long.;
    (349) 32[deg]42.71[min] N. lat., 117[deg]21.45[min] W. long.; and
    (350) 32[deg]34.54[min] N. lat., 117[deg]23.04[min] W. long.
    (e) The 125 fm (229 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]04.73[min] N. lat., 118[deg]37.99[min] W. long.;
    (2) 33[deg]02.67[min] N. lat., 118[deg]34.07[min] W. long.;
    (3) 32[deg]55.97[min] N. lat., 118[deg]28.95[min] W. long.;
    (4) 32[deg]49.79[min] N. lat., 118[deg]20.89[min] W. long.;
    (5) 32[deg]48.02[min] N. lat., 118[deg]19.49[min] W. long.;
    (6) 32[deg]47.37[min] N. lat., 118[deg]21.72[min] W. long.;
    (7) 32[deg]43.58[min] N. lat., 118[deg]24.54[min] W. long.;
    (8) 32[deg]49.74[min] N. lat., 118[deg]32.11[min] W. long.;
    (9) 32[deg]53.36[min] N. lat., 118[deg]33.44[min] W. long.;
    (10) 32[deg]55.03[min] N. lat., 118[deg]34.64[min] W. long.;
    (11) 32[deg]54.89[min] N. lat., 118[deg]35.37[min] W. long.;
    (12) 33[deg]00.20[min] N. lat., 118[deg]38.72[min] W. long.;
    (13) 33[deg]03.15[min] N. lat., 118[deg]39.80[min] W. long.; and
    (14) 33[deg]04.73[min] N. lat., 118[deg]37.99[min] W. long.
    (f) The 125 fm (229 m) depth contour around Santa Catalina Island 
off the state of California is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 33[deg]28.42[min] N. lat., 118[deg]39.85[min] W. long.;
    (2) 33[deg]29.99[min] N. lat., 118[deg]36.14[min] W. long.;
    (3) 33[deg]29.47[min] N. lat., 118[deg]33.66[min] W. long.;
    (4) 33[deg]29.31[min] N. lat., 118[deg]30.53[min] W. long.;
    (5) 33[deg]27.24[min] N. lat., 118[deg]27.71[min] W. long.;
    (6) 33[deg]25.77[min] N. lat., 118[deg]22.57[min] W. long.;
    (7) 33[deg]23.76[min] N. lat., 118[deg]19.27[min] W. long.;
    (8) 33[deg]17.61[min] N. lat., 118[deg]13.61[min] W. long.;
    (9) 33[deg]16.16[min] N. lat., 118[deg]13.98[min] W. long.;
    (10) 33[deg]15.86[min] N. lat., 118[deg]15.27[min] W. long.;
    (11) 33[deg]18.11[min] N. lat., 118[deg]27.96[min] W. long.;
    (12) 33[deg]19.83[min] N. lat., 118[deg]32.16[min] W. long.;
    (13) 33[deg]20.81[min] N. lat., 118[deg]32.94[min] W. long.;
    (14) 33[deg]21.99[min] N. lat., 118[deg]32.04[min] W. long.;
    (15) 33[deg]23.09[min] N. lat., 118[deg]30.37[min] W. long.;
    (16) 33[deg]24.78[min] N. lat., 118[deg]32.46[min] W. long.;
    (17) 33[deg]25.43[min] N. lat., 118[deg]34.93[min] W. long.; and
    (18) 33[deg]28.42[min] N. lat., 118[deg]39.85[min] W. long.
    (g) The 125 fm (229 m) depth contour around Lasuen Knoll off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 33[deg]24.57[min] N. lat., 118[deg]00.15[min] W. long.;
    (2) 33[deg]23.42[min] N. lat., 117[deg]59.43[min] W. long.;
    (3) 33[deg]23.69[min] N. lat., 117[deg]58.72[min] W. long.;
    (4) 33[deg]24.72[min] N. lat., 117[deg]59.51[min] W. long.; and
    (5) 33[deg]24.57[min] N. lat., 118[deg]00.15[min] W. long.
    (h) The 150-fm (274-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]14.96[min] N. lat., 125[deg]41.24[min] W. long.;
    (2) 48[deg]12.89[min] N. lat., 125[deg]37.83[min] W. long.;
    (3) 48[deg]11.49[min] N. lat., 125[deg]39.27[min] W. long.;
    (4) 48[deg]10.00[min] N. lat., 125[deg]40.65[min] W. long.;
    (5) 48[deg]08.72[min] N. lat., 125[deg]41.84[min] W. long.;
    (6) 48[deg]07.00[min] N. lat., 125[deg]45.00[min] W. long.;
    (7) 48[deg]06.13[min] N. lat., 125[deg]41.57[min] W. long.;
    (8) 48[deg]05.00[min] N. lat., 125[deg]39.00[min] W. long.;
    (9) 48[deg]04.15[min] N. lat., 125[deg]36.71[min] W. long.;
    (10) 48[deg]03.00[min] N. lat., 125[deg]36.00[min] W. long.;
    (11) 48[deg]01.65[min] N. lat., 125[deg]36.96[min] W. long.;
    (12) 48[deg]01.00[min] N. lat., 125[deg]38.50[min] W. long.;
    (13) 47[deg]57.50[min] N. lat., 125[deg]36.50[min] W. long.;
    (14) 47[deg]56.53[min] N. lat., 125[deg]30.33[min] W. long.;
    (15) 47[deg]57.28[min] N. lat., 125[deg]27.89[min] W. long.;
    (16) 47[deg]59.00[min] N. lat., 125[deg]25.50[min] W. long.;
    (17) 48[deg]01.77[min] N. lat., 125[deg]24.05[min] W. long.;
    (18) 48[deg]02.08[min] N. lat., 125[deg]22.98[min] W. long.;
    (19) 48[deg]03.00[min] N. lat., 125[deg]22.50[min] W. long.;
    (20) 48[deg]03.46[min] N. lat., 125[deg]22.10[min] W. long.;
    (21) 48[deg]04.29[min] N. lat., 125[deg]20.37[min] W. long.;
    (22) 48[deg]02.00[min] N. lat., 125[deg]18.50[min] W. long.;
    (23) 48[deg]00.01[min] N. lat., 125[deg]19.90[min] W. long.;
    (24) 47[deg]58.75[min] N. lat., 125[deg]17.54[min] W. long.;
    (25) 47[deg]53.50[min] N. lat., 125[deg]13.50[min] W. long.;
    (26) 47[deg]48.88[min] N. lat., 125[deg]05.91[min] W. long.;
    (27) 47[deg]48.50[min] N. lat., 125[deg]05.00[min] W. long.;

[[Page 277]]

    (28) 47[deg]45.98[min] N. lat., 125[deg]04.26[min] W. long.;
    (29) 47[deg]45.00[min] N. lat., 125[deg]05.50[min] W. long.;
    (30) 47[deg]42.11[min] N. lat., 125[deg]04.74[min] W. long.;
    (31) 47[deg]39.00[min] N. lat., 125[deg]06.00[min] W. long.;
    (32) 47[deg]35.53[min] N. lat., 125[deg]04.55[min] W. long.;
    (33) 47[deg]30.90[min] N. lat., 124[deg]57.31[min] W. long.;
    (34) 47[deg]29.54[min] N. lat., 124[deg]56.50[min] W. long.;
    (35) 47[deg]29.50[min] N. lat., 124[deg]54.50[min] W. long.;
    (36) 47[deg]28.57[min] N. lat., 124[deg]51.50[min] W. long.;
    (37) 47[deg]25.00[min] N. lat., 124[deg]48.00[min] W. long.;
    (38) 47[deg]23.95[min] N. lat., 124[deg]47.24[min] W. long.;
    (39) 47[deg]23.00[min] N. lat., 124[deg]47.00[min] W. long.;
    (40) 47[deg]21.00[min] N. lat., 124[deg]46.50[min] W. long.;
    (41) 47[deg]18.20[min] N. lat., 124[deg]45.84[min] W. long.;
    (42) 47[deg]18.50[min] N. lat., 124[deg]49.00[min] W. long.;
    (43) 47[deg]19.17[min] N. lat., 124[deg]50.86[min] W. long.;
    (44) 47[deg]18.07[min] N. lat., 124[deg]53.29[min] W. long.;
    (45) 47[deg]17.78[min] N. lat., 124[deg]51.39[min] W. long.;
    (46) 47[deg]16.81[min] N. lat., 124[deg]50.85[min] W. long.;
    (47) 47[deg]15.96[min] N. lat., 124[deg]53.15[min] W. long.;
    (48) 47[deg]14.31[min] N. lat., 124[deg]52.62[min] W. long.;
    (49) 47[deg]11.87[min] N. lat., 124[deg]56.90[min] W. long.;
    (50) 47[deg]12.39[min] N. lat., 124[deg]58.09[min] W. long.;
    (51) 47[deg]09.50[min] N. lat., 124[deg]57.50[min] W. long.;
    (52) 47[deg]09.00[min] N. lat., 124[deg]59.00[min] W. long.;
    (53) 47[deg]06.06[min] N. lat., 124[deg]58.80[min] W. long.;
    (54) 47[deg]03.62[min] N. lat., 124[deg]55.96[min] W. long.;
    (55) 47[deg]02.89[min] N. lat., 124[deg]56.89[min] W. long.;
    (56) 47[deg]01.04[min] N. lat., 124[deg]59.54[min] W. long.;
    (57) 46[deg]58.47[min] N. lat., 124[deg]59.08[min] W. long.;
    (58) 46[deg]58.29[min] N. lat., 125[deg]00.28[min] W. long.;
    (59) 46[deg]56.30[min] N. lat., 125[deg]00.75[min] W. long.;
    (60) 46[deg]57.09[min] N. lat., 124[deg]58.86[min] W. long.;
    (61) 46[deg]55.95[min] N. lat., 124[deg]54.88[min] W. long.;
    (62) 46[deg]54.79[min] N. lat., 124[deg]54.14[min] W. long.;
    (63) 46[deg]58.00[min] N. lat., 124[deg]50.00[min] W. long.;
    (64) 46[deg]54.50[min] N. lat., 124[deg]49.00[min] W. long.;
    (65) 46[deg]54.53[min] N. lat., 124[deg]52.94[min] W. long.;
    (66) 46[deg]49.52[min] N. lat., 124[deg]53.41[min] W. long.;
    (67) 46[deg]42.24[min] N. lat., 124[deg]47.86[min] W. long.;
    (68) 46[deg]39.50[min] N. lat., 124[deg]42.50[min] W. long.;
    (69) 46[deg]38.17[min] N. lat., 124[deg]41.50[min] W. long.;
    (70) 46[deg]37.50[min] N. lat., 124[deg]41.00[min] W. long.;
    (71) 46[deg]36.50[min] N. lat., 124[deg]38.00[min] W. long.;
    (72) 46[deg]33.85[min] N. lat., 124[deg]36.99[min] W. long.;
    (73) 46[deg]33.50[min] N. lat., 124[deg]29.50[min] W. long.;
    (74) 46[deg]32.00[min] N. lat., 124[deg]31.00[min] W. long.;
    (75) 46[deg]30.53[min] N. lat., 124[deg]30.55[min] W. long.;
    (76) 46[deg]25.50[min] N. lat., 124[deg]33.00[min] W. long.;
    (77) 46[deg]23.00[min] N. lat., 124[deg]35.00[min] W. long.;
    (78) 46[deg]21.05[min] N. lat., 124[deg]37.00[min] W. long.;
    (79) 46[deg]20.64[min] N. lat., 124[deg]36.21[min] W. long.;
    (80) 46[deg]20.36[min] N. lat., 124[deg]37.85[min] W. long.;
    (81) 46[deg]19.48[min] N. lat., 124[deg]38.35[min] W. long.;
    (82) 46[deg]17.87[min] N. lat., 124[deg]38.54[min] W. long.;
    (83) 46[deg]16.15[min] N. lat., 124[deg]25.20[min] W. long.;
    (84) 46[deg]16.00[min] N. lat., 124[deg]23.00[min] W. long.;
    (85) 46[deg]14.87[min] N. lat., 124[deg]26.15[min] W. long.;
    (86) 46[deg]13.37[min] N. lat., 124[deg]31.36[min] W. long.;
    (87) 46[deg]12.08[min] N. lat., 124[deg]38.39[min] W. long.;
    (88) 46[deg]09.46[min] N. lat., 124[deg]40.64[min] W. long.;
    (89) 46[deg]07.29[min] N. lat., 124[deg]40.89[min] W. long.;
    (90) 46[deg]02.76[min] N. lat., 124[deg]44.01[min] W. long.;
    (91) 46[deg]01.22[min] N. lat., 124[deg]43.47[min] W. long.;
    (92) 45[deg]51.82[min] N. lat., 124[deg]42.89[min] W. long.;
    (93) 45[deg]46.00[min] N. lat., 124[deg]40.88[min] W. long.;
    (94) 45[deg]45.95[min] N. lat., 124[deg]40.72[min] W. long.;
    (95) 45[deg]44.11[min] N. lat., 124[deg]43.09[min] W. long.;
    (96) 45[deg]34.50[min] N. lat., 124[deg]30.28[min] W. long.;
    (97) 45[deg]21.10[min] N. lat., 124[deg]23.11[min] W. long.;
    (98) 45[deg]20.25[min] N. lat., 124[deg]22.92[min] W. long.;
    (99) 45[deg]09.69[min] N. lat., 124[deg]20.45[min] W. long.;
    (100) 45[deg]03.83[min] N. lat., 124[deg]23.30[min] W. long.;
    (101) 44[deg]56.41[min] N. lat., 124[deg]27.65[min] W. long.;
    (102) 44[deg]44.47[min] N. lat., 124[deg]37.85[min] W. long.;
    (103) 44[deg]37.17[min] N. lat., 124[deg]38.60[min] W. long.;
    (104) 44[deg]35.55[min] N. lat., 124[deg]39.27[min] W. long.;
    (105) 44[deg]31.81[min] N. lat., 124[deg]39.60[min] W. long.;
    (106) 44[deg]31.48[min] N. lat., 124[deg]43.30[min] W. long.;
    (107) 44[deg]12.67[min] N. lat., 124[deg]57.87[min] W. long.;
    (108) 44[deg]08.30[min] N. lat., 124[deg]57.84[min] W. long.;
    (109) 44[deg]07.38[min] N. lat., 124[deg]57.87[min] W. long.;
    (110) 43[deg]57.42[min] N. lat., 124[deg]57.20[min] W. long.;
    (111) 43[deg]52.52[min] N. lat., 124[deg]49.00[min] W. long.;
    (112) 43[deg]51.55[min] N. lat., 124[deg]37.49[min] W. long.;
    (113) 43[deg]47.83[min] N. lat., 124[deg]36.43[min] W. long.;
    (114) 43[deg]31.79[min] N. lat., 124[deg]36.80[min] W. long.;
    (115) 43[deg]29.34[min] N. lat., 124[deg]36.77[min] W. long.;
    (116) 43[deg]26.37[min] N. lat., 124[deg]39.53[min] W. long.;
    (117) 43[deg]20.83[min] N. lat., 124[deg]42.39[min] W. long.;
    (118) 43[deg]16.15[min] N. lat., 124[deg]44.36[min] W. long.;
    (119) 43[deg]09.33[min] N. lat., 124[deg]45.35[min] W. long.;
    (120) 43[deg]08.77[min] N. lat., 124[deg]49.82[min] W. long.;
    (121) 43[deg]08.83[min] N. lat., 124[deg]50.93[min] W. long.;
    (122) 43[deg]05.89[min] N. lat., 124[deg]51.60[min] W. long.;

[[Page 278]]

    (123) 43[deg]04.60[min] N. lat., 124[deg]53.02[min] W. long.;
    (124) 43[deg]02.64[min] N. lat., 124[deg]52.01[min] W. long.;
    (125) 43[deg]00.39[min] N. lat., 124[deg]51.77[min] W. long.;
    (126) 42[deg]58.00[min] N. lat., 124[deg]52.99[min] W. long.;
    (127) 42[deg]57.56[min] N. lat., 124[deg]54.10[min] W. long.;
    (128) 42[deg]53.82[min] N. lat., 124[deg]55.76[min] W. long.;
    (129) 42[deg]52.31[min] N. lat., 124[deg]50.76[min] W. long.;
    (130) 42[deg]50.00[min] N. lat., 124[deg]48.97[min] W. long.;
    (131) 42[deg]47.78[min] N. lat., 124[deg]47.27[min] W. long.;
    (132) 42[deg]46.31[min] N. lat., 124[deg]43.60[min] W. long.;
    (133) 42[deg]41.63[min] N. lat., 124[deg]44.07[min] W. long.;
    (134) 42[deg]40.50[min] N. lat., 124[deg]43.52[min] W. long.;
    (135) 42[deg]38.83[min] N. lat., 124[deg]42.77[min] W. long.;
    (136) 42[deg]35.36[min] N. lat., 124[deg]43.22[min] W. long.;
    (137) 42[deg]32.78[min] N. lat., 124[deg]44.68[min] W. long.;
    (138) 42[deg]32.02[min] N. lat., 124[deg]43.00[min] W. long.;
    (139) 42[deg]30.54[min] N. lat., 124[deg]43.50[min] W. long.;
    (140) 42[deg]28.16[min] N. lat., 124[deg]48.38[min] W. long.;
    (141) 42[deg]18.26[min] N. lat., 124[deg]39.01[min] W. long.;
    (142) 42[deg]13.66[min] N. lat., 124[deg]36.82[min] W. long.;
    (143) 42[deg]00.00[min] N. lat., 124[deg]35.99[min] W. long.;
    (144) 41[deg]47.80[min] N. lat., 124[deg]29.41[min] W. long.;
    (145) 41[deg]23.51[min] N. lat., 124[deg]29.50[min] W. long.;
    (146) 41[deg]13.29[min] N. lat., 124[deg]23.31[min] W. long.;
    (147) 41[deg]06.23[min] N. lat., 124[deg]22.62[min] W. long.;
    (148) 40[deg]55.60[min] N. lat., 124[deg]26.04[min] W. long.;
    (149) 40[deg]49.62[min] N. lat., 124[deg]26.57[min] W. long.;
    (150) 40[deg]45.72[min] N. lat., 124[deg]30.00[min] W. long.;
    (151) 40[deg]40.56[min] N. lat., 124[deg]32.11[min] W. long.;
    (152) 40[deg]37.33[min] N. lat., 124[deg]29.27[min] W. long.;
    (153) 40[deg]35.60[min] N. lat., 124[deg]30.49[min] W. long.;
    (154) 40[deg]37.38[min] N. lat., 124[deg]37.14[min] W. long.;
    (155) 40[deg]36.03[min] N. lat., 124[deg]39.97[min] W. long.;
    (156) 40[deg]31.58[min] N. lat., 124[deg]40.74[min] W. long.;
    (157) 40[deg]30.00[min] N. lat., 124[deg]38.50[min] W. long.;
    (158) 40[deg]29.76[min] N. lat., 124[deg]38.13[min] W. long.;
    (159) 40[deg]28.22[min] N. lat., 124[deg]37.23[min] W. long.;
    (160) 40[deg]24.86[min] N. lat., 124[deg]35.71[min] W. long.;
    (161) 40[deg]23.01[min] N. lat., 124[deg]31.94[min] W. long.;
    (162) 40[deg]23.39[min] N. lat., 124[deg]28.64[min] W. long.;
    (163) 40[deg]22.29[min] N. lat., 124[deg]25.25[min] W. long.;
    (164) 40[deg]21.90[min] N. lat., 124[deg]25.18[min] W. long.;
    (165) 40[deg]22.02[min] N. lat., 124[deg]28.00[min] W. long.;
    (166) 40[deg]21.34[min] N. lat., 124[deg]29.53[min] W. long.;
    (167) 40[deg]19.74[min] N. lat., 124[deg]28.95[min] W. long.;
    (168) 40[deg]18.13[min] N. lat., 124[deg]27.08[min] W. long.;
    (169) 40[deg]17.45[min] N. lat., 124[deg]25.53[min] W. long.;
    (170) 40[deg]17.97[min] N. lat., 124[deg]24.12[min] W. long.;
    (171) 40[deg]15.96[min] N. lat., 124[deg]26.05[min] W. long.;
    (172) 40[deg]17.00[min] N. lat., 124[deg]35.01[min] W. long.;
    (173) 40[deg]15.97[min] N. lat., 124[deg]35.90[min] W. long.;
    (174) 40[deg]10.00[min] N. lat., 124[deg]22.96[min] W. long.;
    (175) 40[deg]07.00[min] N. lat., 124[deg]19.00[min] W. long.;
    (176) 40[deg]08.10[min] N. lat., 124[deg]16.70[min] W. long.;
    (177) 40[deg]05.90[min] N. lat., 124[deg]17.77[min] W. long.;
    (178) 40[deg]02.99[min] N. lat., 124[deg]15.55[min] W. long.;
    (179) 40[deg]02.00[min] N. lat., 124[deg]12.97[min] W. long.;
    (180) 40[deg]02.60[min] N. lat., 124[deg]10.61[min] W. long.;

[[Page 279]]

    (181) 40[deg]03.63[min] N. lat., 124[deg]09.12[min] W. long.;
    (182) 40[deg]02.18[min] N. lat., 124[deg]09.07[min] W. long.;
    (183) 39[deg]58.25[min] N. lat., 124[deg]12.56[min] W. long.;
    (184) 39[deg]57.03[min] N. lat., 124[deg]11.34[min] W. long.;
    (185) 39[deg]56.30[min] N. lat., 124[deg]08.96[min] W. long.;
    (186) 39[deg]54.82[min] N. lat., 124[deg]07.66[min] W. long.;
    (187) 39[deg]52.57[min] N. lat., 124[deg]08.55[min] W. long.;
    (188) 39[deg]45.34[min] N. lat., 124[deg]03.30[min] W. long.;
    (189) 39[deg]39.82[min] N. lat., 123[deg]59.98[min] W. long.;
    (190) 39[deg]34.59[min] N. lat., 123[deg]58.08[min] W. long.;
    (191) 39[deg]34.22[min] N. lat., 123[deg]56.82[min] W. long.;
    (192) 39[deg]32.98[min] N. lat., 123[deg]56.43[min] W. long.;
    (193) 39[deg]31.47[min] N. lat., 123[deg]58.73[min] W. long.;
    (194) 39[deg]05.68[min] N. lat., 123[deg]57.81[min] W. long.;
    (195) 39[deg]00.24[min] N. lat., 123[deg]56.74[min] W. long.;
    (196) 38[deg]57.50[min] N. lat., 123[deg]56.74[min] W. long.;
    (197) 38[deg]54.31[min] N. lat., 123[deg]56.73[min] W. long.;
    (198) 38[deg]41.42[min] N. lat., 123[deg]46.75[min] W. long.;
    (199) 38[deg]39.61[min] N. lat., 123[deg]46.48[min] W. long.;
    (200) 38[deg]37.52[min] N. lat., 123[deg]43.78[min] W. long.;
    (201) 38[deg]35.25[min] N. lat., 123[deg]42.00[min] W. long.;
    (202) 38[deg]28.79[min] N. lat., 123[deg]37.07[min] W. long.;
    (203) 38[deg]18.75[min] N. lat., 123[deg]31.21[min] W. long.;
    (204) 38[deg]14.43[min] N. lat., 123[deg]25.56[min] W. long.;
    (205) 38[deg]08.75[min] N. lat., 123[deg]24.48[min] W. long.;
    (206) 38[deg]10.10[min] N. lat., 123[deg]27.20[min] W. long.;
    (207) 38[deg]07.16[min] N. lat., 123[deg]28.18[min] W. long.;
    (208) 38[deg]06.15[min] N. lat., 123[deg]30.00[min] W. long.;
    (209) 38[deg]04.28[min] N. lat., 123[deg]31.70[min] W. long.;
    (210) 38[deg]01.88[min] N. lat., 123[deg]30.98[min] W. long.;
    (211) 38[deg]00.75[min] N. lat., 123[deg]29.72[min] W. long.;
    (212) 38[deg]00.00[min] N. lat., 123[deg]28.60[min] W. long.;
    (213) 37[deg]58.23[min] N. lat., 123[deg]26.90[min] W. long.;
    (214) 37[deg]55.32[min] N. lat., 123[deg]27.19[min] W. long.;
    (215) 37[deg]51.47[min] N. lat., 123[deg]24.92[min] W. long.;
    (216) 37[deg]44.47[min] N. lat., 123[deg]11.57[min] W. long.;
    (217) 37[deg]35.67[min] N. lat., 123[deg]01.76[min] W. long.;
    (218) 37[deg]26.10[min] N. lat., 122[deg]57.07[min] W. long.;
    (219) 37[deg]26.51[min] N. lat., 122[deg]54.23[min] W. long.;
    (220) 37[deg]25.05[min] N. lat., 122[deg]55.64[min] W. long.;
    (221) 37[deg]24.42[min] N. lat., 122[deg]54.94[min] W. long.;
    (222) 37[deg]25.16[min] N. lat., 122[deg]52.73[min] W. long.;
    (223) 37[deg]24.55[min] N. lat., 122[deg]52.48[min] W. long.;
    (224) 37[deg]22.81[min] N. lat., 122[deg]54.36[min] W. long.;
    (225) 37[deg]19.87[min] N. lat., 122[deg]53.98[min] W. long.;
    (226) 37[deg]15.16[min] N. lat., 122[deg]51.64[min] W. long.;
    (227) 37[deg]11.00[min] N. lat., 122[deg]47.20[min] W. long.;
    (228) 37[deg]07.00[min] N. lat., 122[deg]42.90[min] W. long.;
    (229) 37[deg]01.68[min] N. lat., 122[deg]37.28[min] W. long.;
    (230) 36[deg]59.70[min] N. lat., 122[deg]33.71[min] W. long.;
    (231) 36[deg]58.00[min] N. lat., 122[deg]27.80[min] W. long.;
    (232) 37[deg]00.25[min] N. lat., 122[deg]24.85[min] W. long.;
    (233) 36[deg]57.50[min] N. lat., 122[deg]24.98[min] W. long.;
    (234) 36[deg]58.38[min] N. lat., 122[deg]21.85[min] W. long.;
    (235) 36[deg]55.85[min] N. lat., 122[deg]21.95[min] W. long.;
    (236) 36[deg]52.02[min] N. lat., 122[deg]12.10[min] W. long.;
    (237) 36[deg]47.63[min] N. lat., 122[deg]07.37[min] W. long.;
    (238) 36[deg]47.26[min] N. lat., 122[deg]03.22[min] W. long.;

[[Page 280]]

    (239) 36[deg]50.34[min] N. lat., 121[deg]58.40[min] W. long.;
    (240) 36[deg]48.83[min] N. lat., 121[deg]59.14[min] W. long.;
    (241) 36[deg]44.81[min] N. lat., 121[deg]58.28[min] W. long.;
    (242) 36[deg]39.00[min] N. lat., 122[deg]01.71[min] W. long.;
    (243) 36[deg]29.60[min] N. lat., 122[deg]00.49[min] W. long.;
    (244) 36[deg]23.43[min] N. lat., 121[deg]59.76[min] W. long.;
    (245) 36[deg]18.90[min] N. lat., 122[deg]05.32[min] W. long.;
    (246) 36[deg]15.38[min] N. lat., 122[deg]01.40[min] W. long.;
    (247) 36[deg]13.79[min] N. lat., 121[deg]58.12[min] W. long.;
    (248) 36[deg]10.12[min] N. lat., 121[deg]43.33[min] W. long.;
    (249) 36[deg]02.57[min] N. lat., 121[deg]37.02[min] W. long.;
    (250) 36[deg]01.01[min] N. lat., 121[deg]36.69[min] W. long.;
    (251) 36[deg]00.00[min] N. lat., 121[deg]35.45[min] W. long.;
    (252) 35[deg]57.74[min] N. lat., 121[deg]33.45[min] W. long.;
    (253) 35[deg]51.32[min] N. lat., 121[deg]30.08[min] W. long.;
    (254) 35[deg]45.84[min] N. lat., 121[deg]28.84[min] W. long.;
    (255) 35[deg]38.94[min] N. lat., 121[deg]23.16[min] W. long.;
    (256) 35[deg]26.00[min] N. lat., 121[deg]08.00[min] W. long.;
    (257) 35[deg]07.42[min] N. lat., 120[deg]57.08[min] W. long.;
    (258) 34[deg]42.76[min] N. lat., 120[deg]55.09[min] W. long.;
    (259) 34[deg]37.75[min] N. lat., 120[deg]51.96[min] W. long.;
    (260) 34[deg]29.29[min] N. lat., 120[deg]44.19[min] W. long.;
    (261) 34[deg]27.00[min] N. lat., 120[deg]40.42[min] W. long.;
    (262) 34[deg]21.89[min] N. lat., 120[deg]31.36[min] W. long.;
    (263) 34[deg]20.79[min] N. lat., 120[deg]21.58[min] W. long.;
    (264) 34[deg]23.97[min] N. lat., 120[deg]15.25[min] W. long.;
    (265) 34[deg]22.11[min] N. lat., 119[deg]56.63[min] W. long.;
    (266) 34[deg]19.00[min] N. lat., 119[deg]48.00[min] W. long.;
    (267) 34[deg]15.00[min] N. lat., 119[deg]48.00[min] W. long.;
    (268) 34[deg]08.00[min] N. lat., 119[deg]37.00[min] W. long.;
    (269) 34[deg]08.39[min] N. lat., 119[deg]54.78[min] W. long.;
    (270) 34[deg]07.10[min] N. lat., 120[deg]10.37[min] W. long.;
    (271) 34[deg]10.08[min] N. lat., 120[deg]22.98[min] W. long.;
    (272) 34[deg]13.16[min] N. lat., 120[deg]29.40[min] W. long.;
    (273) 34[deg]09.41[min] N. lat., 120[deg]37.75[min] W. long.;
    (274) 34[deg]03.15[min] N. lat., 120[deg]34.71[min] W. long.;
    (275) 33[deg]57.09[min] N. lat., 120[deg]27.76[min] W. long.;
    (276) 33[deg]51.00[min] N. lat., 120[deg]09.00[min] W. long.;
    (277) 33[deg]38.16[min] N. lat., 119[deg]59.23[min] W. long.;
    (278) 33[deg]37.04[min] N. lat., 119[deg]50.17[min] W. long.;
    (279) 33[deg]42.28[min] N. lat., 119[deg]48.85[min] W. long.;
    (280) 33[deg]53.96[min] N. lat., 119[deg]53.77[min] W. long.;
    (281) 33[deg]55.88[min] N. lat., 119[deg]41.05[min] W. long.;
    (282) 33[deg]59.94[min] N. lat., 119[deg]19.57[min] W. long.;
    (283) 34[deg]03.12[min] N. lat., 119[deg]15.51[min] W. long.;
    (284) 34[deg]01.97[min] N. lat., 119[deg]07.28[min] W. long.;
    (285) 34[deg]03.60[min] N. lat., 119[deg]04.71[min] W. long.;
    (286) 33[deg]59.30[min] N. lat., 119[deg]03.73[min] W. long.;
    (287) 33[deg]58.87[min] N. lat., 118[deg]59.37[min] W. long.;
    (288) 33[deg]58.08[min] N. lat., 118[deg]41.14[min] W. long.;
    (289) 33[deg]50.93[min] N. lat., 118[deg]37.65[min] W. long.;
    (290) 33[deg]39.54[min] N. lat., 118[deg]18.70[min] W. long.;
    (291) 33[deg]35.42[min] N. lat., 118[deg]17.14[min] W. long.;
    (292) 33[deg]32.15[min] N. lat., 118[deg]10.84[min] W. long.;
    (293) 33[deg]33.71[min] N. lat., 117[deg]53.72[min] W. long.;
    (294) 33[deg]31.17[min] N. lat., 117[deg]49.11[min] W. long.;
    (295) 33[deg]16.53[min] N. lat., 117[deg]36.13[min] W. long.;
    (296) 33[deg]06.77[min] N. lat., 117[deg]22.92[min] W. long.;

[[Page 281]]

    (297) 32[deg]58.94[min] N. lat., 117[deg]20.05[min] W. long.;
    (298) 32[deg]55.83[min] N. lat., 117[deg]20.15[min] W. long.;
    (299) 32[deg]46.29[min] N. lat., 117[deg]23.89[min] W. long.;
    (300) 32[deg]42.00[min] N. lat., 117[deg]22.16[min] W. long.;
    (301) 32[deg]39.47[min] N. lat., 117[deg]27.78[min] W. long.; and
    (302) 32[deg]34.83[min] N. lat., 117[deg]24.69[min] W. long.
    (i) The 150 fm (274 m) depth contour used around San Clemente Island 
off the state of California is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 32[deg]47.95[min] N. lat., 118[deg]19.31[min] W. long.;
    (2) 32[deg]49.79[min] N. lat., 118[deg]20.82[min] W. long.;
    (3) 32[deg]55.99[min] N. lat., 118[deg]28.80[min] W. long.;
    (4) 33[deg]03.00[min] N. lat., 118[deg]34.00[min] W. long.;
    (5) 33[deg]05.00[min] N. lat., 118[deg]38.00[min] W. long.;
    (6) 33[deg]03.21[min] N. lat., 118[deg]39.85[min] W. long.;
    (7) 33[deg]01.93[min] N. lat., 118[deg]39.85[min] W. long.;
    (8) 32[deg]54.69[min] N. lat., 118[deg]35.45[min] W. long.;
    (9) 32[deg]53.28[min] N. lat., 118[deg]33.58[min] W. long.;
    (10) 32[deg]48.26[min] N. lat., 118[deg]31.62[min] W. long.;
    (11) 32[deg]43.03[min] N. lat., 118[deg]24.21[min] W. long.;
    (12) 32[deg]47.15[min] N. lat., 118[deg]21.53[min] W. long.; and
    (13) 32[deg]47.95[min] N. lat., 118[deg]19.31[min] W. long.
    (j) The 150 fm (274 m) depth contour used around Santa Catalina 
Island off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 33[deg]17.24[min] N. lat., 118[deg]12.94[min] W. long.;
    (2) 33[deg]23.60[min] N. lat., 118[deg]18.79[min] W. long.;
    (3) 33[deg]26.00[min] N. lat., 118[deg]22.00[min] W. long.;
    (4) 33[deg]27.57[min] N. lat., 118[deg]27.69[min] W. long.;
    (5) 33[deg]29.78[min] N. lat., 118[deg]31.01[min] W. long.;
    (6) 33[deg]30.46[min] N. lat., 118[deg]36.52[min] W. long.;
    (7) 33[deg]28.65[min] N. lat., 118[deg]41.07[min] W. long.;
    (8) 33[deg]23.23[min] N. lat., 118[deg]30.69[min] W. long.;
    (9) 33[deg]20.97[min] N. lat., 118[deg]33.29[min] W. long.;
    (10) 33[deg]19.81[min] N. lat., 118[deg]32.24[min] W. long.;
    (11) 33[deg]18.00[min] N. lat., 118[deg]28.00[min] W. long.;
    (12) 33[deg]15.62[min] N. lat., 118[deg]14.74[min] W. long.;
    (13) 33[deg]16.00[min] N. lat., 118[deg]13.00[min] W. long.; and
    (14) 33[deg]17.24[min] N. lat., 118[deg]12.94[min] W. long.
    (k) The 150 fm (274 m) depth contour used around Lasuen Knoll off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]24.99[min] N. lat., 117[deg]59.32[min] W. long.;
    (2) 33[deg]23.66[min] N. lat., 117[deg]58.28[min] W. long.;
    (3) 33[deg]23.21[min] N. lat., 117[deg]59.55[min] W. long.;
    (4) 33[deg]24.74[min] N. lat., 118[deg]00.61[min] W. long.; and
    (5) 33[deg]24.99[min] N. lat., 117[deg]59.32[min] W. long.

[69 FR 77059, Dec. 23, 2004; 70 FR 13119, Mar. 18, 2005, as amended at 
70 FR 16149, Mar. 30, 2005; 71 FR 8500, Feb. 17, 2006; 71 FR 78678, Dec. 
29, 2006; 74 FR 9905, Mar. 6, 2009]



Sec. 660.394  Latitude/longitude coordinates defining the 180 fm (329 m)
through 250 fm (457 m) depth contours.

    Boundaries for RCAs are defined by straight lines connecting a 
series of latitude/longitude coordinates. This section provides 
coordinates for the 180 fm (329 m) through 250 fm (457 m) depth 
contours.
    (a) The 180-fm (329-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]14.82[min] N. lat., 125[deg]41.61[min] W. long.;
    (2) 48[deg]12.86[min] N. lat., 125[deg]37.95[min] W. long.;
    (3) 48[deg]11.28[min] N. lat., 125[deg]39.67[min] W. long.;
    (4) 48[deg]10.13[min] N. lat., 125[deg]42.62[min] W. long.;
    (5) 48[deg]10.00[min] N. lat., 125[deg]42.55[min] W. long.;
    (6) 48[deg]08.86[min] N. lat., 125[deg]41.92[min] W. long.;
    (7) 48[deg]08.15[min] N. lat., 125[deg]44.95[min] W. long.;
    (8) 48[deg]07.18[min] N. lat., 125[deg]45.67[min] W. long.;
    (9) 48[deg]05.79[min] N. lat., 125[deg]44.64[min] W. long.;
    (10) 48[deg]06.04[min] N. lat., 125[deg]41.84[min] W. long.;
    (11) 48[deg]04.26[min] N. lat., 125[deg]40.09[min] W. long.;
    (12) 48[deg]04.18[min] N. lat., 125[deg]36.94[min] W. long.;
    (13) 48[deg]03.02[min] N. lat., 125[deg]36.24[min] W. long.;
    (14) 48[deg]01.75[min] N. lat., 125[deg]37.42[min] W. long.;
    (15) 48[deg]01.39[min] N. lat., 125[deg]39.42[min] W. long.;
    (16) 47[deg]57.08[min] N. lat., 125[deg]36.51[min] W. long.;
    (17) 47[deg]55.20[min] N. lat., 125[deg]36.62[min] W. long.;
    (18) 47[deg]54.33[min] N. lat., 125[deg]34.98[min] W. long.;
    (19) 47[deg]54.73[min] N. lat., 125[deg]31.95[min] W. long.;
    (20) 47[deg]56.39[min] N. lat., 125[deg]30.22[min] W. long.;
    (21) 47[deg]55.86[min] N. lat., 125[deg]28.54[min] W. long.;
    (22) 47[deg]58.07[min] N. lat., 125[deg]25.72[min] W. long.;
    (23) 48[deg]00.81[min] N. lat., 125[deg]24.39[min] W. long.;
    (24) 48[deg]01.81[min] N. lat., 125[deg]23.76[min] W. long.;
    (25) 48[deg]02.16[min] N. lat., 125[deg]22.71[min] W. long.;
    (26) 48[deg]03.46[min] N. lat., 125[deg]22.01[min] W. long.;
    (27) 48[deg]04.21[min] N. lat., 125[deg]20.40[min] W. long.;
    (28) 48[deg]03.15[min] N. lat., 125[deg]19.50[min] W. long.;
    (29) 48[deg]01.92[min] N. lat., 125[deg]18.69[min] W. long.;
    (30) 48[deg]00.85[min] N. lat., 125[deg]20.02[min] W. long.;
    (31) 48[deg]00.12[min] N. lat., 125[deg]20.04[min] W. long.;
    (32) 47[deg]58.18[min] N. lat., 125[deg]18.78[min] W. long.;
    (33) 47[deg]58.24[min] N. lat., 125[deg]17.26[min] W. long.;
    (34) 47[deg]52.47[min] N. lat., 125[deg]15.30[min] W. long.;
    (35) 47[deg]52.13[min] N. lat., 125[deg]12.95[min] W. long.;
    (36) 47[deg]50.60[min] N. lat., 125[deg]10.65[min] W. long.;

[[Page 282]]

    (37) 47[deg]49.39[min] N. lat., 125[deg]10.59[min] W. long.;
    (38) 47[deg]48.74[min] N. lat., 125[deg]06.07[min] W. long.;
    (39) 47[deg]47.03[min] N. lat., 125[deg]06.95[min] W. long.;
    (40) 47[deg]47.46[min] N. lat., 125[deg]05.20[min] W. long.;
    (41) 47[deg]45.88[min] N. lat., 125[deg]04.50[min] W. long.;
    (42) 47[deg]44.51[min] N. lat., 125[deg]06.64[min] W. long.;
    (43) 47[deg]42.22[min] N. lat., 125[deg]04.86[min] W. long.;
    (44) 47[deg]38.49[min] N. lat., 125[deg]06.32[min] W. long.;
    (45) 47[deg]34.93[min] N. lat., 125[deg]04.34[min] W. long.;
    (46) 47[deg]30.85[min] N. lat., 124[deg]57.42[min] W. long.;
    (47) 47[deg]28.80[min] N. lat., 124[deg]56.51[min] W. long.;
    (48) 47[deg]29.25[min] N. lat., 124[deg]53.92[min] W. long.;
    (49) 47[deg]28.29[min] N. lat., 124[deg]51.32[min] W. long.;
    (50) 47[deg]24.04[min] N. lat., 124[deg]47.38[min] W. long.;
    (51) 47[deg]18.24[min] N. lat., 124[deg]45.97[min] W. long.;
    (52) 47[deg]19.36[min] N. lat., 124[deg]50.96[min] W. long.;
    (53) 47[deg]18.07[min] N. lat., 124[deg]53.38[min] W. long.;
    (54) 47[deg]17.73[min] N. lat., 124[deg]52.83[min] W. long.;
    (55) 47[deg]17.77[min] N. lat., 124[deg]51.56[min] W. long.;
    (56) 47[deg]16.84[min] N. lat., 124[deg]50.94[min] W. long.;
    (57) 47[deg]16.01[min] N. lat., 124[deg]53.36[min] W. long.;
    (58) 47[deg]14.32[min] N. lat., 124[deg]52.73[min] W. long.;
    (59) 47[deg]11.97[min] N. lat., 124[deg]56.81[min] W. long.;
    (60) 47[deg]12.93[min] N. lat., 124[deg]58.47[min] W. long.;
    (61) 47[deg]09.43[min] N. lat., 124[deg]57.99[min] W. long.;
    (62) 47[deg]09.36[min] N. lat., 124[deg]59.29[min] W. long.;
    (63) 47[deg]05.88[min] N. lat., 124[deg]59.06[min] W. long.;
    (64) 47[deg]03.64[min] N. lat., 124[deg]56.07[min] W. long.;
    (65) 47[deg]01.00[min] N. lat., 124[deg]59.69[min] W. long.;
    (66) 46[deg]58.72[min] N. lat., 124[deg]59.17[min] W. long.;
    (67) 46[deg]58.30[min] N. lat., 125[deg]00.60[min] W. long.;
    (68) 46[deg]55.61[min] N. lat., 125[deg]01.19[min] W. long.;
    (69) 46[deg]56.96[min] N. lat., 124[deg]58.85[min] W. long.;
    (70) 46[deg]55.91[min] N. lat., 124[deg]54.98[min] W. long.;
    (71) 46[deg]54.55[min] N. lat., 124[deg]54.21[min] W. long.;
    (72) 46[deg]56.80[min] N. lat., 124[deg]50.55[min] W. long.;
    (73) 46[deg]54.87[min] N. lat., 124[deg]49.59[min] W. long.;
    (74) 46[deg]54.63[min] N. lat., 124[deg]53.48[min] W. long.;
    (75) 46[deg]52.33[min] N. lat., 124[deg]54.75[min] W. long.;
    (76) 46[deg]45.12[min] N. lat., 124[deg]51.82[min] W. long.;
    (77) 46[deg]39.20[min] N. lat., 124[deg]47.02[min] W. long.;
    (78) 46[deg]38.17[min] N. lat., 124[deg]45.16[min] W. long.;
    (79) 46[deg]33.45[min] N. lat., 124[deg]36.61[min] W. long.;
    (80) 46[deg]33.37[min] N. lat., 124[deg]30.21[min] W. long.;
    (81) 46[deg]31.67[min] N. lat., 124[deg]31.41[min] W. long.;
    (82) 46[deg]27.87[min] N. lat., 124[deg]32.04[min] W. long.;
    (83) 46[deg]21.01[min] N. lat., 124[deg]37.63[min] W. long.;
    (84) 46[deg]18.58[min] N. lat., 124[deg]38.92[min] W. long.;
    (85) 46[deg]16.00[min] N. lat., 124[deg]23.57[min] W. long.;
    (86) 46[deg]12.85[min] N. lat., 124[deg]35.52[min] W. long.;
    (87) 46[deg]12.27[min] N. lat., 124[deg]38.69[min] W. long.;
    (88) 46[deg]08.71[min] N. lat., 124[deg]41.27[min] W. long.;
    (89) 46[deg]05.80[min] N. lat., 124[deg]42.11[min] W. long.;
    (90) 46[deg]02.84[min] N. lat., 124[deg]48.05[min] W. long.;
    (91) 46[deg]02.41[min] N. lat., 124[deg]48.16[min] W. long.;
    (92) 45[deg]58.96[min] N. lat., 124[deg]43.97[min] W. long.;
    (93) 45[deg]47.05[min] N. lat., 124[deg]43.25[min] W. long.;
    (94) 45[deg]46.00[min] N. lat., 124[deg]43.31[min] W. long.;
    (95) 45[deg]44.22[min] N. lat., 124[deg]44.55[min] W. long.;
    (96) 45[deg]34.97[min] N. lat., 124[deg]31.95[min] W. long.;
    (97) 45[deg]20.25[min] N. lat., 124[deg]25.18[min] W. long.;
    (98) 45[deg]13.09[min] N. lat., 124[deg]21.61[min] W. long.;
    (99) 45[deg]09.59[min] N. lat., 124[deg]22.78[min] W. long.;
    (100) 45[deg]03.83[min] N. lat., 124[deg]26.21[min] W. long.;
    (101) 45[deg]00.22[min] N. lat., 124[deg]28.31[min] W. long.;
    (102) 44[deg]53.53[min] N. lat., 124[deg]32.98[min] W. long.;
    (103) 44[deg]40.79[min] N. lat., 124[deg]45.76[min] W. long.;
    (104) 44[deg]41.35[min] N. lat., 124[deg]48.03[min] W. long.;
    (105) 44[deg]40.27[min] N. lat., 124[deg]49.11[min] W. long.;
    (106) 44[deg]38.52[min] N. lat., 124[deg]49.11[min] W. long.;
    (107) 44[deg]38.25[min] N. lat., 124[deg]46.47[min] W. long.;
    (108) 44[deg]28.84[min] N. lat., 124[deg]47.09[min] W. long.;
    (109) 44[deg]23.24[min] N. lat., 124[deg]49.96[min] W. long.;
    (110) 44[deg]13.07[min] N. lat., 124[deg]58.34[min] W. long.;
    (111) 44[deg]08.30[min] N. lat., 124[deg]58.23[min] W. long.;
    (112) 43[deg]57.99[min] N. lat., 124[deg]57.83[min] W. long.;
    (113) 43[deg]51.43[min] N. lat., 124[deg]52.02[min] W. long.;
    (114) 43[deg]50.72[min] N. lat., 124[deg]39.23[min] W. long.;
    (115) 43[deg]39.04[min] N. lat., 124[deg]37.82[min] W. long.;
    (116) 43[deg]27.76[min] N. lat., 124[deg]39.76[min] W. long.;
    (117) 43[deg]20.83[min] N. lat., 124[deg]42.70[min] W. long.;
    (118) 43[deg]20.22[min] N. lat., 124[deg]42.92[min] W. long.;
    (119) 43[deg]13.07[min] N. lat., 124[deg]46.03[min] W. long.;
    (120) 43[deg]10.43[min] N. lat., 124[deg]50.27[min] W. long.;
    (121) 43[deg]08.83[min] N. lat., 124[deg]50.93[min] W. long.;
    (122) 43[deg]05.89[min] N. lat., 124[deg]51.60[min] W. long.;
    (123) 43[deg]04.60[min] N. lat., 124[deg]53.01[min] W. long.;
    (124) 43[deg]02.64[min] N. lat., 124[deg]52.01[min] W. long.;
    (125) 43[deg]00.39[min] N. lat., 124[deg]51.77[min] W. long.;
    (126) 42[deg]58.00[min] N. lat., 124[deg]52.99[min] W. long.;
    (127) 42[deg]57.56[min] N. lat., 124[deg]54.10[min] W. long.;

[[Page 283]]

    (128) 42[deg]53.82[min] N. lat., 124[deg]55.76[min] W. long.;
    (129) 42[deg]53.20[min] N. lat., 124[deg]53.56[min] W. long.;
    (130) 42[deg]50.00[min] N. lat., 124[deg]52.36[min] W. long.;
    (131) 42[deg]50.00[min] N. lat., 124[deg]52.36[min] W. long.;
    (132) 42[deg]49.43[min] N. lat., 124[deg]52.03[min] W. long.;
    (133) 42[deg]47.68[min] N. lat., 124[deg]47.72[min] W. long.;
    (134) 42[deg]46.17[min] N. lat., 124[deg]44.05[min] W. long.;
    (135) 42[deg]41.67[min] N. lat., 124[deg]44.36[min] W. long.;
    (136) 42[deg]40.50[min] N. lat., 124[deg]43.86[min] W. long.;
    (137) 42[deg]38.79[min] N. lat., 124[deg]42.88[min] W. long.;
    (138) 42[deg]32.39[min] N. lat., 124[deg]45.38[min] W. long.;
    (139) 42[deg]32.08[min] N. lat., 124[deg]43.44[min] W. long.;
    (140) 42[deg]30.98[min] N. lat., 124[deg]43.84[min] W. long.;
    (141) 42[deg]28.37[min] N. lat., 124[deg]48.91[min] W. long.;
    (142) 42[deg]20.07[min] N. lat., 124[deg]41.59[min] W. long.;
    (143) 42[deg]15.05[min] N. lat., 124[deg]38.07[min] W. long.;
    (144) 42[deg]13.67[min] N. lat., 124[deg]37.77[min] W. long.;
    (145) 42[deg]07.37[min] N. lat., 124[deg]37.25[min] W. long.;
    (146) 42[deg]04.93[min] N. lat., 124[deg]36.79[min] W. long.;
    (147) 42[deg]00.00[min] N. lat., 124[deg]36.26[min] W. long.;
    (148) 41[deg]47.60[min] N. lat., 124[deg]29.75[min] W. long.;
    (149) 41[deg]22.07[min] N. lat., 124[deg]29.55[min] W. long.;
    (150) 41[deg]13.58[min] N. lat., 124[deg]24.17[min] W. long.;
    (151) 41[deg]06.51[min] N. lat., 124[deg]23.07[min] W. long.;
    (152) 40[deg]55.20[min] N. lat., 124[deg]27.46[min] W. long.;
    (153) 40[deg]49.76[min] N. lat., 124[deg]27.17[min] W. long.;
    (154) 40[deg]45.79[min] N. lat., 124[deg]30.37[min] W. long.;
    (155) 40[deg]40.31[min] N. lat., 124[deg]32.47[min] W. long.;
    (156) 40[deg]37.42[min] N. lat., 124[deg]37.20[min] W. long.;
    (157) 40[deg]36.03[min] N. lat., 124[deg]39.97[min] W. long.;
    (158) 40[deg]31.48[min] N. lat., 124[deg]40.95[min] W. long.;
    (159) 40[deg]30.00[min] N. lat., 124[deg]38.50[min] W. long.;
    (160) 40[deg]24.81[min] N. lat., 124[deg]35.82[min] W. long.;
    (161) 40[deg]22.00[min] N. lat., 124[deg]30.01[min] W. long.;
    (162) 40[deg]16.84[min] N. lat., 124[deg]29.87[min] W. long.;
    (163) 40[deg]17.06[min] N. lat., 124[deg]35.51[min] W. long.;
    (164) 40[deg]16.41[min] N. lat., 124[deg]39.10[min] W. long.;
    (165) 40[deg]10.00[min] N. lat., 124[deg]23.56[min] W. long.;
    (166) 40[deg]06.67[min] N. lat., 124[deg]19.08[min] W. long.;
    (167) 40[deg]08.10[min] N. lat., 124[deg]16.71[min] W. long.;
    (168) 40[deg]05.90[min] N. lat., 124[deg]17.77[min] W. long.;
    (169) 40[deg]02.80[min] N. lat., 124[deg]16.28[min] W. long.;
    (170) 40[deg]01.98[min] N. lat., 124[deg]12.99[min] W. long.;
    (171) 40[deg]01.53[min] N. lat., 124[deg]09.82[min] W. long.;
    (172) 39[deg]58.28[min] N. lat., 124[deg]12.93[min] W. long.;
    (173) 39[deg]57.06[min] N. lat., 124[deg]12.03[min] W. long.;
    (174) 39[deg]56.31[min] N. lat., 124[deg]08.98[min] W. long.;
    (175) 39[deg]55.20[min] N. lat., 124[deg]07.98[min] W. long.;
    (176) 39[deg]52.57[min] N. lat., 124[deg]09.04[min] W. long.;
    (177) 39[deg]42.78[min] N. lat., 124[deg]02.11[min] W. long.;
    (178) 39[deg]34.76[min] N. lat., 123[deg]58.51[min] W. long.;
    (179) 39[deg]34.22[min] N. lat., 123[deg]56.82[min] W. long.;
    (180) 39[deg]32.98[min] N. lat., 123[deg]56.43[min] W. long.;
    (181) 39[deg]32.14[min] N. lat., 123[deg]58.83[min] W. long.;
    (182) 39[deg]07.79[min] N. lat., 123[deg]58.72[min] W. long.;
    (183) 39[deg]00.99[min] N. lat., 123[deg]57.56[min] W. long.;
    (184) 39[deg]00.05[min] N. lat., 123[deg]56.83[min] W. long.;
    (185) 38[deg]57.50[min] N. lat., 123[deg]57.22[min] W. long.;

[[Page 284]]

    (186) 38[deg]56.28[min] N. lat., 123[deg]57.53[min] W. long.;
    (187) 38[deg]56.01[min] N. lat., 123[deg]58.72[min] W. long.;
    (188) 38[deg]52.41[min] N. lat., 123[deg]56.38[min] W. long.;
    (189) 38[deg]46.81[min] N. lat., 123[deg]51.46[min] W. long.;
    (190) 38[deg]45.56[min] N. lat., 123[deg]51.32[min] W. long.;
    (191) 38[deg]43.24[min] N. lat., 123[deg]49.91[min] W. long.;
    (192) 38[deg]41.42[min] N. lat., 123[deg]47.22[min] W. long.;
    (193) 38[deg]40.97[min] N. lat., 123[deg]47.80[min] W. long.;
    (194) 38[deg]38.58[min] N. lat., 123[deg]46.07[min] W. long.;
    (195) 38[deg]37.38[min] N. lat., 123[deg]43.80[min] W. long.;
    (196) 38[deg]33.86[min] N. lat., 123[deg]41.51[min] W. long.;
    (197) 38[deg]29.45[min] N. lat., 123[deg]38.42[min] W. long.;
    (198) 38[deg]28.20[min] N. lat., 123[deg]38.17[min] W. long.;
    (199) 38[deg]24.09[min] N. lat., 123[deg]35.26[min] W. long.;
    (200) 38[deg]16.72[min] N. lat., 123[deg]31.42[min] W. long.;
    (201) 38[deg]15.32[min] N. lat., 123[deg]29.33[min] W. long.;
    (202) 38[deg]14.45[min] N. lat., 123[deg]26.15[min] W. long.;
    (203) 38[deg]10.26[min] N. lat., 123[deg]25.43[min] W. long.;
    (204) 38[deg]12.61[min] N. lat., 123[deg]28.08[min] W. long.;
    (205) 38[deg]11.98[min] N. lat., 123[deg]29.35[min] W. long.;
    (206) 38[deg]08.23[min] N. lat., 123[deg]28.04[min] W. long.;
    (207) 38[deg]06.39[min] N. lat., 123[deg]30.59[min] W. long.;
    (208) 38[deg]04.25[min] N. lat., 123[deg]31.81[min] W. long.;
    (209) 38[deg]02.08[min] N. lat., 123[deg]31.27[min] W. long.;
    (210) 38[deg]00.17[min] N. lat., 123[deg]29.43[min] W. long.;
    (211) 38[deg]00.00[min] N. lat., 123[deg]28.55[min] W. long.;
    (212) 37[deg]58.24[min] N. lat., 123[deg]26.91[min] W. long.;
    (213) 37[deg]55.32[min] N. lat., 123[deg]27.19[min] W. long.;
    (214) 37[deg]51.52[min] N. lat., 123[deg]25.01[min] W. long.;
    (215) 37[deg]44.21[min] N. lat., 123[deg]11.38[min] W. long.;
    (216) 37[deg]35.67[min] N. lat., 123[deg]01.86[min] W. long.;
    (217) 37[deg]14.29[min] N. lat., 122[deg]52.99[min] W. long.;
    (218) 37[deg]11.00[min] N. lat., 122[deg]49.28[min] W. long.;
    (219) 37[deg]07.00[min] N. lat., 122[deg]44.65[min] W. long.;
    (220) 37[deg]00.86[min] N. lat., 122[deg]37.55[min] W. long.;
    (221) 36[deg]59.71[min] N. lat., 122[deg]33.73[min] W. long.;
    (222) 36[deg]57.98[min] N. lat., 122[deg]27.80[min] W. long.;
    (223) 36[deg]59.83[min] N. lat., 122[deg]25.17[min] W. long.;
    (224) 36[deg]57.21[min] N. lat., 122[deg]25.17[min] W. long.;
    (225) 36[deg]57.79[min] N. lat., 122[deg]22.28[min] W. long.;
    (226) 36[deg]55.86[min] N. lat., 122[deg]21.99[min] W. long.;
    (227) 36[deg]52.06[min] N. lat., 122[deg]12.12[min] W. long.;
    (228) 36[deg]47.63[min] N. lat., 122[deg]07.40[min] W. long.;
    (229) 36[deg]47.26[min] N. lat., 122[deg]03.23[min] W. long.;
    (230) 36[deg]49.53[min] N. lat., 121[deg]59.35[min] W. long.;
    (231) 36[deg]44.81[min] N. lat., 121[deg]58.29[min] W. long.;
    (232) 36[deg]38.95[min] N. lat., 122[deg]02.02[min] W. long.;
    (233) 36[deg]23.43[min] N. lat., 121[deg]59.76[min] W. long.;
    (234) 36[deg]19.66[min] N. lat., 122[deg]06.25[min] W. long.;
    (235) 36[deg]14.78[min] N. lat., 122[deg]01.52[min] W. long.;
    (236) 36[deg]13.64[min] N. lat., 121[deg]57.83[min] W. long.;
    (237) 36[deg]09.99[min] N. lat., 121[deg]43.48[min] W. long.;
    (238) 36[deg]00.00[min] N. lat., 121[deg]36.95[min] W. long.;
    (239) 35[deg]57.09[min] N. lat., 121[deg]34.16[min] W. long.;
    (240) 35[deg]52.71[min] N. lat., 121[deg]32.32[min] W. long.;
    (241) 35[deg]51.23[min] N. lat., 121[deg]30.54[min] W. long.;
    (242) 35[deg]46.07[min] N. lat., 121[deg]29.75[min] W. long.;
    (243) 35[deg]34.08[min] N. lat., 121[deg]19.83[min] W. long.;

[[Page 285]]

    (244) 35[deg]31.41[min] N. lat., 121[deg]14.80[min] W. long.;
    (245) 35[deg]15.42[min] N. lat., 121[deg]03.47[min] W. long.;
    (246) 35[deg]07.70[min] N. lat., 120[deg]59.31[min] W. long.;
    (247) 34[deg]57.27[min] N. lat., 120[deg]56.93[min] W. long.;
    (248) 34[deg]44.27[min] N. lat., 120[deg]57.65[min] W. long.;
    (249) 34[deg]32.75[min] N. lat., 120[deg]50.08[min] W. long.;
    (250) 34[deg]27.00[min] N. lat., 120[deg]41.50[min] W. long.;
    (251) 34[deg]20.00[min] N. lat., 120[deg]30.99[min] W. long.;
    (252) 34[deg]19.15[min] N. lat., 120[deg]19.78[min] W. long.;
    (253) 34[deg]23.24[min] N. lat., 120[deg]14.17[min] W. long.;
    (254) 34[deg]21.35[min] N. lat., 119[deg]54.89[min] W. long.;
    (255) 34[deg]09.79[min] N. lat., 119[deg]44.51[min] W. long.;
    (256) 34[deg]07.34[min] N. lat., 120[deg]06.71[min] W. long.;
    (257) 34[deg]09.74[min] N. lat., 120[deg]19.78[min] W. long.;
    (258) 34[deg]13.95[min] N. lat., 120[deg]29.78[min] W. long.;
    (259) 34[deg]09.41[min] N. lat., 120[deg]37.75[min] W. long.;
    (260) 34[deg]03.39[min] N. lat., 120[deg]35.26[min] W. long.;
    (261) 33[deg]56.82[min] N. lat., 120[deg]28.30[min] W. long.;
    (262) 33[deg]50.71[min] N. lat., 120[deg]09.24[min] W. long.;
    (263) 33[deg]38.21[min] N. lat., 119[deg]59.90[min] W. long.;
    (264) 33[deg]35.35[min] N. lat., 119[deg]51.95[min] W. long.;
    (265) 33[deg]35.99[min] N. lat., 119[deg]49.13[min] W. long.;
    (266) 33[deg]42.74[min] N. lat., 119[deg]47.80[min] W. long.;
    (267) 33[deg]53.65[min] N. lat., 119[deg]53.29[min] W. long.;
    (268) 33[deg]57.85[min] N. lat., 119[deg]31.05[min] W. long.;
    (269) 33[deg]56.78[min] N. lat., 119[deg]27.44[min] W. long.;
    (270) 33[deg]58.03[min] N. lat., 119[deg]27.82[min] W. long.;
    (271) 33[deg]59.31[min] N. lat., 119[deg]20.02[min] W. long.;
    (272) 34[deg]02.91[min] N. lat., 119[deg]15.38[min] W. long.;
    (273) 33[deg]59.04[min] N. lat., 119[deg]03.02[min] W. long.;
    (274) 33[deg]57.88[min] N. lat., 118[deg]41.69[min] W. long.;
    (275) 33[deg]50.89[min] N. lat., 118[deg]37.78[min] W. long.;
    (276) 33[deg]39.54[min] N. lat., 118[deg]18.70[min] W. long.;
    (277) 33[deg]35.42[min] N. lat., 118[deg]17.15[min] W. long.;
    (278) 33[deg]31.26[min] N. lat., 118[deg]10.84[min] W. long.;
    (279) 33[deg]32.71[min] N. lat., 117[deg]52.05[min] W. long.;
    (280) 32[deg]58.94[min] N. lat., 117[deg]20.05[min] W. long.;
    (281) 32[deg]46.45[min] N. lat., 117[deg]24.37[min] W. long.;
    (282) 32[deg]42.25[min] N. lat., 117[deg]22.87[min] W. long.;
    (283) 32[deg]39.50[min] N. lat., 117[deg]27.80[min] W. long.; and
    (284) 32[deg]34.83[min] N. lat., 117[deg]24.67[min] W. long.
    (b) The 180 fm (329 m) depth contour used around San Clemente Island 
off the state of California is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 33[deg]01.90[min] N. lat., 118[deg]40.17[min] W. long.;
    (2) 33[deg]03.23[min] N. lat., 118[deg]40.05[min] W. long.;
    (3) 33[deg]05.07[min] N. lat., 118[deg]39.01[min] W. long.;
    (4) 33[deg]05.00[min] N. lat., 118[deg]38.01[min] W. long.;
    (5) 33[deg]03.00[min] N. lat., 118[deg]34.00[min] W. long.;
    (6) 32[deg]55.92[min] N. lat., 118[deg]28.39[min] W. long.;
    (7) 32[deg]49.78[min] N. lat., 118[deg]20.82[min] W. long.;
    (8) 32[deg]47.32[min] N. lat., 118[deg]18.30[min] W. long.;
    (9) 32[deg]47.46[min] N. lat., 118[deg]20.29[min] W. long.;
    (10) 32[deg]46.21[min] N. lat., 118[deg]21.96[min] W. long.;
    (11) 32[deg]42.25[min] N. lat., 118[deg]24.07[min] W. long.;
    (12) 32[deg]47.73[min] N. lat., 118[deg]31.74[min] W. long.;
    (13) 32[deg]53.16[min] N. lat., 118[deg]33.85[min] W. long.;
    (14) 32[deg]54.51[min] N. lat., 118[deg]35.56[min] W. long.; and
    (15) 33[deg]01.90[min] N. lat., 118[deg]40.17[min] W. long.
    (c) The 180 fm (329 m) depth contour used around Santa Catalina 
Island off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 33[deg]30.00[min] N. lat., 118[deg]44.18[min] W. long.;
    (2) 33[deg]30.65[min] N. lat., 118[deg]35.07[min] W. long.;
    (3) 33[deg]29.88[min] N. lat., 118[deg]30.89[min] W. long.;
    (4) 33[deg]27.54[min] N. lat., 118[deg]26.91[min] W. long.;
    (5) 33[deg]26.11[min] N. lat., 118[deg]21.97[min] W. long.;
    (6) 33[deg]24.20[min] N. lat., 118[deg]19.05[min] W. long.;
    (7) 33[deg]14.58[min] N. lat., 118[deg]10.35[min] W. long.;
    (8) 33[deg]17.91[min] N. lat., 118[deg]28.20[min] W. long.;
    (9) 33[deg]19.14[min] N. lat., 118[deg]31.34[min] W. long.;

[[Page 286]]

    (10) 33[deg]20.79[min] N. lat., 118[deg]33.75[min] W. long.;
    (11) 33[deg]23.14[min] N. lat., 118[deg]30.80[min] W. long.;and
    (12) 33[deg]30.00[min] N. lat., 118[deg]44.18[min] W. long.
    (d) The 180 fm (329 m) depth contour used around Lasuen Knoll off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]25.12[min] N. lat., 118[deg]01.09[min] W. long.;
    (2) 33[deg]25.41[min] N. lat., 117[deg]59.36[min] W. long.;
    (3) 33[deg]23.49[min] N. lat., 117[deg]57.47[min] W. long.;
    (4) 33[deg]23.02[min] N. lat., 117[deg]59.58[min] W. long.; and
    (5) 33[deg]25.12[min] N. lat., 118[deg]01.09[min] W. long.
    (e) The 180 fm (329 m) depth contour used around San Diego Rise off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]49.98[min] N. lat., 117[deg]50.19[min] W. long.;
    (2) 32[deg]44.10[min] N. lat., 117[deg]45.34[min] W. long.;
    (3) 32[deg]42.01[min] N. lat., 117[deg]46.01[min] W. long.;
    (4) 32[deg]44.42[min] N. lat., 117[deg]48.69[min] W. long.;
    (5) 32[deg]49.86[min] N. lat., 117[deg]50.50[min] W. long.; and
    (6) 32[deg]49.98[min] N. lat., 117[deg]50.19[min] W. long.
    (f) The 180 fm (329 m) depth contour between 42[deg] N. lat. and the 
U.S. border with Mexico, modified to allow fishing in petrale sole 
areas, is defined by straight lines connecting all of the following 
points in the order stated:
    (1) 42[deg]00.00[min] N. lat., 124[deg]36.37[min] W. long.;
    (2) 41[deg]47.79[min] N. lat., 124[deg]29.48[min] W. long.;
    (3) 41[deg]21.16[min] N. lat., 124[deg]28.97[min] W. long.;
    (4) 41[deg]11.30[min] N. lat., 124[deg]22.86[min] W. long.;
    (5) 41[deg]06.51[min] N. lat., 124[deg]23.07[min] W. long.;
    (6) 40[deg]55.20[min] N. lat., 124[deg]27.46[min] W. long.;
    (7) 40[deg]53.95[min] N. lat., 124[deg]26.04[min] W. long.;
    (8) 40[deg]49.96[min] N. lat., 124[deg]26.04[min] W. long.;
    (9) 40[deg]44.49[min] N. lat., 124[deg]30.81[min] W. long.;
    (10) 40[deg]40.58[min] N. lat., 124[deg]32.05[min] W. long.;
    (11) 40[deg]38.82[min] N. lat., 124[deg]29.45[min] W. long.;
    (12) 40[deg]35.65[min] N. lat., 124[deg]30.34[min] W. long.;
    (13) 40[deg]37.39[min] N. lat., 124[deg]37.00[min] W. long.;
    (14) 40[deg]36.03[min] N. lat., 124[deg]39.97[min] W. long.;
    (15) 40[deg]31.42[min] N. lat., 124[deg]40.85[min] W. long.;
    (16) 40[deg]30.00[min] N. lat., 124[deg]37.12[min] W. long.;
    (17) 40[deg]27.36[min] N. lat., 124[deg]37.14[min] W. long.;
    (18) 40[deg]24.81[min] N. lat., 124[deg]35.82[min] W. long.;
    (19) 40[deg]22.45[min] N. lat., 124[deg]30.94[min] W. long.;
    (20) 40[deg]14.00[min] N. lat., 124[deg]32.90[min] W. long.;
    (21) 40[deg]10.00[min] N. lat., 124[deg]23.56[min] W. long.;
    (22) 40[deg]06.67[min] N. lat., 124[deg]19.08[min] W. long.;
    (23) 40[deg]08.10[min] N. lat., 124[deg]16.71[min] W. long.;
    (24) 40[deg]05.90[min] N. lat., 124[deg]17.77[min] W. long.;
    (25) 40[deg]02.80[min] N. lat., 124[deg]16.28[min] W. long.;
    (26) 40[deg]01.98[min] N. lat., 124[deg]12.99[min] W. long.;
    (27) 40[deg]01.52[min] N. lat., 124[deg]09.83[min] W. long.;
    (28) 39[deg]58.55[min] N. lat., 124[deg]12.32[min] W. long.;
    (29) 39[deg]55.74[min] N. lat., 124[deg]07.37[min] W. long.;
    (30) 39[deg]42.78[min] N. lat., 124[deg]02.11[min] W. long.;
    (31) 39[deg]34.76[min] N. lat., 123[deg]58.51[min] W. long.;
    (32) 39[deg]34.22[min] N. lat., 123[deg]56.82[min] W. long.;
    (33) 39[deg]32.98[min] N. lat., 123[deg]56.43[min] W. long.;
    (34) 39[deg]32.14[min] N. lat., 123[deg]58.83[min] W. long.;
    (35) 39[deg]07.79[min] N. lat., 123[deg]58.72[min] W. long.;
    (36) 39[deg]00.99[min] N. lat., 123[deg]57.56[min] W. long.;
    (37) 39[deg]00.05[min] N. lat., 123[deg]56.83[min] W. long.;
    (38) 38[deg]57.50[min] N. lat., 123[deg]57.04[min] W. long.;
    (39) 38[deg]51.19[min] N. lat., 123[deg]55.70[min] W. long.;
    (40) 38[deg]47.29[min] N. lat., 123[deg]51.12[min] W. long.;
    (41) 38[deg]45.48[min] N. lat., 123[deg]51.36[min] W. long.;
    (42) 38[deg]43.24[min] N. lat., 123[deg]49.91[min] W. long.;
    (43) 38[deg]41.61[min] N. lat., 123[deg]47.50[min] W. long.;
    (44) 38[deg]35.75[min] N. lat., 123[deg]43.76[min] W. long.;
    (45) 38[deg]34.92[min] N. lat., 123[deg]42.45[min] W. long.;
    (46) 38[deg]19.84[min] N. lat., 123[deg]31.96[min] W. long.;
    (47) 38[deg]14.38[min] N. lat., 123[deg]25.51[min] W. long.;
    (48) 38[deg]09.39[min] N. lat., 123[deg]24.39[min] W. long.;
    (49) 38[deg]10.02[min] N. lat., 123[deg]26.73[min] W. long.;
    (50) 38[deg]04.11[min] N. lat., 123[deg]31.62[min] W. long.;
    (51) 38[deg]02.11[min] N. lat., 123[deg]31.11[min] W. long.;
    (52) 38[deg]00.23[min] N. lat., 123[deg]29.51[min] W. long.;
    (53) 38[deg]00.00[min] N. lat., 123[deg]28.72[min] W. long.;
    (54) 37[deg]58.07[min] N. lat., 123[deg]26.97[min] W. long.;
    (55) 37[deg]50.80[min] N. lat., 123[deg]24.47[min] W. long.;
    (56) 37[deg]44.21[min] N. lat., 123[deg]11.38[min] W. long.;
    (57) 37[deg]35.67[min] N. lat., 123[deg]01.86[min] W. long.;
    (58) 37[deg]23.42[min] N. lat., 122[deg]56.78[min] W. long.;
    (59) 37[deg]23.23[min] N. lat., 122[deg]53.78[min] W. long.;
    (60) 37[deg]13.97[min] N. lat., 122[deg]49.91[min] W. long.;
    (61) 37[deg]11.00[min] N. lat., 122[deg]45.61[min] W. long.;
    (62) 37[deg]07.00[min] N. lat., 122[deg]42.89[min] W. long.;
    (63) 37[deg]01.10[min] N. lat., 122[deg]37.50[min] W. long.;
    (64) 36[deg]57.81[min] N. lat., 122[deg]28.29[min] W. long.;
    (65) 36[deg]59.83[min] N. lat., 122[deg]25.17[min] W. long.;
    (66) 36[deg]57.21[min] N. lat., 122[deg]25.17[min] W. long.;
    (67) 36[deg]57.81[min] N. lat., 122[deg]21.73[min] W. long.;
    (68) 36[deg]56.10[min] N. lat., 122[deg]21.51[min] W. long.;
    (69) 36[deg]55.17[min] N. lat., 122[deg]16.94[min] W. long.;
    (70) 36[deg]52.06[min] N. lat., 122[deg]12.12[min] W. long.;
    (71) 36[deg]47.63[min] N. lat., 122[deg]07.40[min] W. long.;
    (72) 36[deg]47.37[min] N. lat., 122[deg]03.10[min] W. long.;
    (73) 36[deg]24.14[min] N. lat., 121[deg]59.45[min] W. long.;
    (74) 36[deg]21.82[min] N. lat., 122[deg]00.80[min] W. long.;
    (75) 36[deg]19.47[min] N. lat., 122[deg]05.28[min] W. long.;
    (76) 36[deg]14.67[min] N. lat., 122[deg]00.88[min] W. long.;
    (77) 36[deg]09.34[min] N. lat., 121[deg]42.61[min] W. long.;
    (78) 36[deg]00.00[min] N. lat., 121[deg]35.77[min] W. long.;
    (79) 35[deg]56.78[min] N. lat., 121[deg]32.69[min] W. long.;
    (80) 35[deg]52.71[min] N. lat., 121[deg]32.32[min] W. long.;
    (81) 35[deg]51.23[min] N. lat., 121[deg]30.54[min] W. long.;
    (82) 35[deg]46.07[min] N. lat., 121[deg]29.75[min] W. long.;
    (83) 35[deg]34.08[min] N. lat., 121[deg]19.83[min] W. long.;
    (84) 35[deg]31.41[min] N. lat., 121[deg]14.80[min] W. long.;
    (85) 35[deg]15.42[min] N. lat., 121[deg]03.47[min] W. long.;

[[Page 287]]

    (86) 35[deg]07.21[min] N. lat., 120[deg]59.05[min] W. long.;
    (87) 35[deg]07.45[min] N. lat., 120[deg]57.09[min] W. long.;
    (88) 34[deg]44.29[min] N. lat., 120[deg]54.28[min] W. long.;
    (89) 34[deg]44.24[min] N. lat., 120[deg]57.62[min] W. long.;
    (90) 34[deg]40.04[min] N. lat., 120[deg]53.95[min] W. long.;
    (91) 34[deg]27.00[min] N. lat., 120[deg]41.50[min] W. long.;
    (92) 34[deg]21.16[min] N. lat., 120[deg]33.11[min] W. long.;
    (93) 34[deg]19.15[min] N. lat., 120[deg]19.78[min] W. long.;
    (94) 34[deg]23.24[min] N. lat., 120[deg]14.17[min] W. long.;
    (95) 34[deg]21.47[min] N. lat., 119[deg]54.68[min] W. long.;
    (96) 34[deg]09.79[min] N. lat., 119[deg]44.51[min] W. long.;
    (97) 34[deg]07.34[min] N. lat., 120[deg]06.71[min] W. long.;
    (98) 34[deg]09.43[min] N. lat., 120[deg]18.34[min] W. long.;
    (99) 34[deg]12.50[min] N. lat., 120[deg]18.34[min] W. long.;
    (100) 34[deg]12.50[min] N. lat., 120[deg]26.11[min] W. long.;
    (101) 34[deg]14.02[min] N. lat., 120[deg]29.61[min] W. long.;
    (102) 34[deg]09.55[min] N. lat., 120[deg]37.83[min] W. long.;
    (103) 34[deg]05.35[min] N. lat., 120[deg]36.23[min] W. long.;
    (104) 34[deg]02.21[min] N. lat., 120[deg]36.23[min] W. long.;
    (105) 34[deg]02.21[min] N. lat., 120[deg]33.94[min] W. long.;
    (106) 33[deg]56.82[min] N. lat., 120[deg]28.30[min] W. long.;
    (107) 33[deg]50.40[min] N. lat., 120[deg]09.94[min] W. long.;
    (108) 33[deg]38.21[min] N. lat., 119[deg]59.90[min] W. long.;
    (109) 33[deg]35.35[min] N. lat., 119[deg]51.95[min] W. long.;
    (110) 33[deg]35.99[min] N. lat., 119[deg]49.13[min] W. long.;
    (111) 33[deg]42.74[min] N. lat., 119[deg]47.81[min] W. long.;
    (112) 33[deg]51.63[min] N. lat., 119[deg]52.94[min] W. long.;
    (113) 33[deg]51.62[min] N. lat., 119[deg]47.94[min] W. long.;
    (114) 33[deg]54.67[min] N. lat., 119[deg]47.94[min] W. long.;
    (115) 33[deg]57.84[min] N. lat., 119[deg]30.94[min] W. long.;
    (116) 33[deg]54.11[min] N. lat., 119[deg]30.94[min] W. long.;
    (117) 33[deg]54.11[min] N. lat., 119[deg]25.94[min] W. long.;
    (118) 33[deg]58.14[min] N. lat., 119[deg]25.94[min] W. long.;
    (119) 33[deg]59.31[min] N. lat., 119[deg]20.02[min] W. long.;
    (120) 34[deg]02.91[min] N. lat., 119[deg]15.38[min] W. long.;
    (121) 33[deg]59.04[min] N. lat., 119[deg]03.02[min] W. long.;
    (122) 33[deg]57.88[min] N. lat., 118[deg]41.69[min] W. long.;
    (123) 33[deg]50.89[min] N. lat., 118[deg]37.78[min] W. long.;
    (124) 33[deg]39.16[min] N. lat., 118[deg]18.24[min] W. long.;
    (125) 33[deg]35.44[min] N. lat., 118[deg]17.31[min] W. long.;
    (126) 33[deg]31.37[min] N. lat., 118[deg]10.39[min] W. long.;
    (127) 33[deg]32.71[min] N. lat., 117[deg]52.05[min] W. long.;
    (128) 32[deg]58.94[min] N. lat., 117[deg]20.06[min] W. long.; and
    (129) 32[deg]35.48[min] N. lat., 117[deg]28.83[min] W. long.
    (g) The 200-fm (366-m) depth contour between the U.S. border with 
Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]14.75[min] N. lat., 125[deg]41.73[min] W. long.;
    (2) 48[deg]12.85[min] N. lat., 125[deg]38.06[min] W. long.;
    (3) 48[deg]10.00[min] N. lat., 125[deg]41.82[min] W. long.;
    (4) 48[deg]07.10[min] N. lat., 125[deg]45.65[min] W. long.;
    (5) 48[deg]05.71[min] N. lat., 125[deg]44.70[min] W. long.;
    (6) 48[deg]04.07[min] N. lat., 125[deg]36.96[min] W. long.;
    (7) 48[deg]03.05[min] N. lat., 125[deg]36.38[min] W. long.;
    (8) 48[deg]01.98[min] N. lat., 125[deg]37.41[min] W. long.;
    (9) 48[deg]01.46[min] N. lat., 125[deg]39.61[min] W. long.;
    (10) 47[deg]56.94[min] N. lat., 125[deg]36.65[min] W. long.;
    (11) 47[deg]55.11[min] N. lat., 125[deg]36.92[min] W. long.;
    (12) 47[deg]54.10[min] N. lat., 125[deg]34.98[min] W. long.;
    (13) 47[deg]54.50[min] N. lat., 125[deg]32.01[min] W. long.;
    (14) 47[deg]55.77[min] N. lat., 125[deg]30.13[min] W. long.;
    (15) 47[deg]55.65[min] N. lat., 125[deg]28.46[min] W. long.;
    (16) 47[deg]58.11[min] N. lat., 125[deg]26.60[min] W. long.;
    (17) 48[deg]00.40[min] N. lat., 125[deg]24.83[min] W. long.;
    (18) 48[deg]02.04[min] N. lat., 125[deg]22.90[min] W. long.;
    (19) 48[deg]03.60[min] N. lat., 125[deg]21.84[min] W. long.;
    (20) 48[deg]03.98[min] N. lat., 125[deg]20.65[min] W. long.;
    (21) 48[deg]03.26[min] N. lat., 125[deg]19.76[min] W. long.;
    (22) 48[deg]01.50[min] N. lat., 125[deg]18.80[min] W. long.;
    (23) 48[deg]01.03[min] N. lat., 125[deg]20.12[min] W. long.;
    (24) 48[deg]00.04[min] N. lat., 125[deg]20.26[min] W. long.;
    (25) 47[deg]58.10[min] N. lat., 125[deg]18.91[min] W. long.;
    (26) 47[deg]58.17[min] N. lat., 125[deg]17.50[min] W. long.;
    (27) 47[deg]52.33[min] N. lat., 125[deg]15.78[min] W. long.;
    (28) 47[deg]49.20[min] N. lat., 125[deg]10.67[min] W. long.;
    (29) 47[deg]48.27[min] N. lat., 125[deg]07.38[min] W. long.;
    (30) 47[deg]47.24[min] N. lat., 125[deg]05.38[min] W. long.;
    (31) 47[deg]45.95[min] N. lat., 125[deg]04.61[min] W. long.;
    (32) 47[deg]44.58[min] N. lat., 125[deg]07.12[min] W. long.;
    (33) 47[deg]42.24[min] N. lat., 125[deg]05.15[min] W. long.;
    (34) 47[deg]38.54[min] N. lat., 125[deg]06.76[min] W. long.;
    (35) 47[deg]35.03[min] N. lat., 125[deg]04.28[min] W. long.;
    (36) 47[deg]28.82[min] N. lat., 124[deg]56.24[min] W. long.;
    (37) 47[deg]29.15[min] N. lat., 124[deg]54.10[min] W. long.;
    (38) 47[deg]28.43[min] N. lat., 124[deg]51.58[min] W. long.;
    (39) 47[deg]24.13[min] N. lat., 124[deg]47.50[min] W. long.;

[[Page 288]]

    (40) 47[deg]18.31[min] N. lat., 124[deg]46.17[min] W. long.;
    (41) 47[deg]19.57[min] N. lat., 124[deg]51.00[min] W. long.;
    (42) 47[deg]18.12[min] N. lat., 124[deg]53.66[min] W. long.;
    (43) 47[deg]17.60[min] N. lat., 124[deg]52.94[min] W. long.;
    (44) 47[deg]17.71[min] N. lat., 124[deg]51.63[min] W. long.;
    (45) 47[deg]16.90[min] N. lat., 124[deg]51.23[min] W. long.;
    (46) 47[deg]16.10[min] N. lat., 124[deg]53.67[min] W. long.;
    (47) 47[deg]14.24[min] N. lat., 124[deg]53.02[min] W. long.;
    (48) 47[deg]12.16[min] N. lat., 124[deg]56.77[min] W. long.;
    (49) 47[deg]13.35[min] N. lat., 124[deg]58.70[min] W. long.;
    (50) 47[deg]09.53[min] N. lat., 124[deg]58.32[min] W. long.;
    (51) 47[deg]09.54[min] N. lat., 124[deg]59.50[min] W. long.;
    (52) 47[deg]05.87[min] N. lat., 124[deg]59.30[min] W. long.;
    (53) 47[deg]03.65[min] N. lat., 124[deg]56.26[min] W. long.;
    (54) 47[deg]00.87[min] N. lat., 124[deg]59.52[min] W. long.;
    (55) 46[deg]56.80[min] N. lat., 125[deg]00.00[min] W. long.;
    (56) 46[deg]51.55[min] N. lat., 125[deg]00.00[min] W. long.;
    (57) 46[deg]50.07[min] N. lat., 124[deg]53.90[min] W. long.;
    (58) 46[deg]44.88[min] N. lat., 124[deg]51.97[min] W. long.;
    (59) 46[deg]38.17[min] N. lat., 124[deg]42.66[min] W. long.;
    (60) 46[deg]33.45[min] N. lat., 124[deg]36.11[min] W. long.;
    (61) 46[deg]33.20[min] N. lat., 124[deg]30.64[min] W. long.;
    (62) 46[deg]27.85[min] N. lat., 124[deg]31.95[min] W. long.;
    (63) 46[deg]18.27[min] N. lat., 124[deg]39.28[min] W. long.;
    (64) 46[deg]16.00[min] N. lat., 124[deg]24.88[min] W. long.;
    (65) 46[deg]14.22[min] N. lat., 124[deg]26.29[min] W. long.;
    (66) 46[deg]11.53[min] N. lat., 124[deg]39.58[min] W. long.;
    (67) 46[deg]08.77[min] N. lat., 124[deg]41.71[min] W. long.;
    (68) 46[deg]05.86[min] N. lat., 124[deg]42.26[min] W. long.;
    (69) 46[deg]03.85[min] N. lat., 124[deg]48.20[min] W. long.;
    (70) 46[deg]02.33[min] N. lat., 124[deg]48.51[min] W. long.;
    (71) 45[deg]58.99[min] N. lat., 124[deg]44.42[min] W. long.;
    (72) 45[deg]46.90[min] N. lat., 124[deg]43.50[min] W. long.;
    (73) 45[deg]46.00[min] N. lat., 124[deg]44.27[min] W. long.;
    (74) 45[deg]44.98[min] N. lat., 124[deg]44.93[min] W. long.;
    (75) 45[deg]43.46[min] N. lat., 124[deg]44.93[min] W. long.;
    (76) 45[deg]34.88[min] N. lat., 124[deg]32.59[min] W. long.;
    (77) 45[deg]20.25[min] N. lat., 124[deg]25.47[min] W. long.;
    (78) 45[deg]13.06[min] N. lat., 124[deg]22.25[min] W. long.;
    (79) 45[deg]03.83[min] N. lat., 124[deg]27.13[min] W. long.;
    (80) 45[deg]00.17[min] N. lat., 124[deg]29.29[min] W. long.;
    (81) 44[deg]55.60[min] N. lat., 124[deg]32.36[min] W. long.;
    (82) 44[deg]48.25[min] N. lat., 124[deg]40.61[min] W. long.;
    (83) 44[deg]42.24[min] N. lat., 124[deg]48.05[min] W. long.;
    (84) 44[deg]41.35[min] N. lat., 124[deg]48.03[min] W. long.;
    (85) 44[deg]40.27[min] N. lat., 124[deg]49.11[min] W. long.;
    (86) 44[deg]38.52[min] N. lat., 124[deg]49.11[min] W. long.;
    (87) 44[deg]23.30[min] N. lat., 124[deg]50.17[min] W. long.;
    (88) 44[deg]13.19[min] N. lat., 124[deg]58.66[min] W. long.;
    (89) 44[deg]08.30[min] N. lat., 124[deg]58.50[min] W. long.;
    (90) 43[deg]57.89[min] N. lat., 124[deg]58.13[min] W. long.;
    (91) 43[deg]50.59[min] N. lat., 124[deg]52.80[min] W. long.;
    (92) 43[deg]50.10[min] N. lat., 124[deg]40.27[min] W. long.;
    (93) 43[deg]39.05[min] N. lat., 124[deg]38.56[min] W. long.;
    (94) 43[deg]28.85[min] N. lat., 124[deg]40.00[min] W. long.;
    (95) 43[deg]20.83[min] N. lat., 124[deg]42.84[min] W. long.;
    (96) 43[deg]20.22[min] N. lat., 124[deg]43.05[min] W. long.;
    (97) 43[deg]13.29[min] N. lat., 124[deg]47.00[min] W. long.;
    (98) 43[deg]13.15[min] N. lat., 124[deg]52.61[min] W. long.;
    (99) 43[deg]04.60[min] N. lat., 124[deg]53.01[min] W. long.;
    (100) 42[deg]57.56[min] N. lat., 124[deg]54.10[min] W. long.;
    (101) 42[deg]53.82[min] N. lat., 124[deg]55.76[min] W. long.;
    (102) 42[deg]53.41[min] N. lat., 124[deg]54.35[min] W. long.;
    (103) 42[deg]49.52[min] N. lat., 124[deg]53.16[min] W. long.;
    (104) 42[deg]47.47[min] N. lat., 124[deg]50.24[min] W. long.;
    (105) 42[deg]47.57[min] N. lat., 124[deg]48.13[min] W. long.;
    (106) 42[deg]46.19[min] N. lat., 124[deg]44.52[min] W. long.;
    (107) 42[deg]41.75[min] N. lat., 124[deg]44.69[min] W. long.;
    (108) 42[deg]40.50[min] N. lat., 124[deg]44.02[min] W. long.;
    (109) 42[deg]38.81[min] N. lat., 124[deg]43.09[min] W. long.;
    (110) 42[deg]31.82[min] N. lat., 124[deg]46.24[min] W. long.;
    (111) 42[deg]31.96[min] N. lat., 124[deg]44.32[min] W. long.;
    (112) 42[deg]30.95[min] N. lat., 124[deg]44.50[min] W. long.;
    (113) 42[deg]28.39[min] N. lat., 124[deg]49.56[min] W. long.;
    (114) 42[deg]23.34[min] N. lat., 124[deg]44.91[min] W. long.;
    (115) 42[deg]19.72[min] N. lat., 124[deg]41.60[min] W. long.;
    (116) 42[deg]15.12[min] N. lat., 124[deg]38.34[min] W. long.;
    (117) 42[deg]13.67[min] N. lat., 124[deg]38.22[min] W. long.;
    (118) 42[deg]12.35[min] N. lat., 124[deg]38.09[min] W. long.;
    (119) 42[deg]04.35[min] N. lat., 124[deg]37.23[min] W. long.;
    (120) 42[deg]00.00[min] N. lat., 124[deg]36.80[min] W. long.;
    (121) 41[deg]47.84[min] N. lat., 124[deg]30.48[min] W. long.;
    (122) 41[deg]43.33[min] N. lat., 124[deg]29.96[min] W. long.;
    (123) 41[deg]23.46[min] N. lat., 124[deg]30.36[min] W. long.;
    (124) 41[deg]21.29[min] N. lat., 124[deg]29.43[min] W. long.;
    (125) 41[deg]13.52[min] N. lat., 124[deg]24.48[min] W. long.;
    (126) 41[deg]06.71[min] N. lat., 124[deg]23.37[min] W. long.;
    (127) 40[deg]54.66[min] N. lat., 124[deg]28.20[min] W. long.;
    (128) 40[deg]51.52[min] N. lat., 124[deg]27.47[min] W. long.;

[[Page 289]]

    (129) 40[deg]40.62[min] N. lat., 124[deg]32.75[min] W. long.;
    (130) 40[deg]36.08[min] N. lat., 124[deg]40.18[min] W. long.;
    (131) 40[deg]32.90[min] N. lat., 124[deg]41.90[min] W. long.;
    (132) 40[deg]31.30[min] N. lat., 124[deg]41.00[min] W. long.;
    (133) 40[deg]30.00[min] N. lat., 124[deg]38.15[min] W. long.;
    (134) 40[deg]27.29[min] N. lat., 124[deg]37.34[min] W. long.;
    (135) 40[deg]24.98[min] N. lat., 124[deg]36.44[min] W. long.;
    (136) 40[deg]22.22[min] N. lat., 124[deg]31.85[min] W. long.;
    (137) 40[deg]16.94[min] N. lat., 124[deg]32.00[min] W. long.;
    (138) 40[deg]17.58[min] N. lat., 124[deg]45.30[min] W. long.;
    (139) 40[deg]13.24[min] N. lat., 124[deg]32.43[min] W. long.;
    (140) 40[deg]10.00[min] N. lat., 124[deg]24.64[min] W. long.;
    (141) 40[deg]06.43[min] N. lat., 124[deg]19.26[min] W. long.;
    (142) 40[deg]07.06[min] N. lat., 124[deg]17.82[min] W. long.;
    (143) 40[deg]04.70[min] N. lat., 124[deg]18.17[min] W. long.;
    (144) 40[deg]02.34[min] N. lat., 124[deg]16.64[min] W. long.;
    (145) 40[deg]01.52[min] N. lat., 124[deg]09.89[min] W. long.;
    (146) 39[deg]58.27[min] N. lat., 124[deg]13.58[min] W. long.;
    (147) 39[deg]56.59[min] N. lat., 124[deg]12.09[min] W. long.;
    (148) 39[deg]55.19[min] N. lat., 124[deg]08.03[min] W. long.;
    (149) 39[deg]52.54[min] N. lat., 124[deg]09.47[min] W. long.;
    (150) 39[deg]42.67[min] N. lat., 124[deg]02.59[min] W. long.;
    (151) 39[deg]35.95[min] N. lat., 123[deg]59.56[min] W. long.;
    (152) 39[deg]34.61[min] N. lat., 123[deg]59.66[min] W. long.;
    (153) 39[deg]33.77[min] N. lat., 123[deg]56.89[min] W. long.;
    (154) 39[deg]33.01[min] N. lat., 123[deg]57.14[min] W. long.;
    (155) 39[deg]32.20[min] N. lat., 123[deg]59.20[min] W. long.;
    (156) 39[deg]07.84[min] N. lat., 123[deg]59.14[min] W. long.;
    (157) 39[deg]01.11[min] N. lat., 123[deg]57.97[min] W. long.;
    (158) 39[deg]00.51[min] N. lat., 123[deg]56.96[min] W. long.;
    (159) 38[deg]57.50[min] N. lat., 123[deg]57.57[min] W. long.;
    (160) 38[deg]56.57[min] N. lat., 123[deg]57.80[min] W. long.;
    (161) 38[deg]56.39[min] N. lat., 123[deg]59.48[min] W. long.;
    (162) 38[deg]50.22[min] N. lat., 123[deg]55.55[min] W. long.;
    (163) 38[deg]46.76[min] N. lat., 123[deg]51.56[min] W. long.;
    (164) 38[deg]45.27[min] N. lat., 123[deg]51.63[min] W. long.;
    (165) 38[deg]42.76[min] N. lat., 123[deg]49.83[min] W. long.;
    (166) 38[deg]41.53[min] N. lat., 123[deg]47.83[min] W. long.;
    (167) 38[deg]40.97[min] N. lat., 123[deg]48.14[min] W. long.;
    (168) 38[deg]38.02[min] N. lat., 123[deg]45.85[min] W. long.;
    (169) 38[deg]37.19[min] N. lat., 123[deg]44.08[min] W. long.;
    (170) 38[deg]33.43[min] N. lat., 123[deg]41.82[min] W. long.;
    (171) 38[deg]29.44[min] N. lat., 123[deg]38.49[min] W. long.;
    (172) 38[deg]28.08[min] N. lat., 123[deg]38.33[min] W. long.;
    (173) 38[deg]23.68[min] N. lat., 123[deg]35.47[min] W. long.;
    (174) 38[deg]19.63[min] N. lat., 123[deg]34.05[min] W. long.;
    (175) 38[deg]16.23[min] N. lat., 123[deg]31.90[min] W. long.;
    (176) 38[deg]14.79[min] N. lat., 123[deg]29.98[min] W. long.;
    (177) 38[deg]14.12[min] N. lat., 123[deg]26.36[min] W. long.;
    (178) 38[deg]10.85[min] N. lat., 123[deg]25.84[min] W. long.;
    (179) 38[deg]13.15[min] N. lat., 123[deg]28.25[min] W. long.;
    (180) 38[deg]12.28[min] N. lat., 123[deg]29.88[min] W. long.;
    (181) 38[deg]10.19[min] N. lat., 123[deg]29.11[min] W. long.;
    (182) 38[deg]07.94[min] N. lat., 123[deg]28.52[min] W. long.;
    (183) 38[deg]06.51[min] N. lat., 123[deg]30.96[min] W. long.;
    (184) 38[deg]04.21[min] N. lat., 123[deg]32.03[min] W. long.;
    (185) 38[deg]02.07[min] N. lat., 123[deg]31.37[min] W. long.;
    (186) 38[deg]00.00[min] N. lat., 123[deg]29.62[min] W. long.;

[[Page 290]]

    (187) 37[deg]58.13[min] N. lat., 123[deg]27.28[min] W. long.;
    (188) 37[deg]55.01[min] N. lat., 123[deg]27.53[min] W. long.;
    (189) 37[deg]51.40[min] N. lat., 123[deg]25.25[min] W. long.;
    (190) 37[deg]43.97[min] N. lat., 123[deg]11.56[min] W. long.;
    (191) 37[deg]35.67[min] N. lat., 123[deg]02.32[min] W. long.;
    (192) 37[deg]13.65[min] N. lat., 122[deg]54.25[min] W. long.;
    (193) 37[deg]11.00[min] N. lat., 122[deg]50.97[min] W. long.;
    (194) 37[deg]07.00[min] N. lat., 122[deg]45.90[min] W. long.;
    (195) 37[deg]00.66[min] N. lat., 122[deg]37.91[min] W. long.;
    (196) 36[deg]57.40[min] N. lat., 122[deg]28.32[min] W. long.;
    (197) 36[deg]59.25[min] N. lat., 122[deg]25.61[min] W. long.;
    (198) 36[deg]56.88[min] N. lat., 122[deg]25.49[min] W. long.;
    (199) 36[deg]57.40[min] N. lat., 122[deg]22.69[min] W. long.;
    (200) 36[deg]55.43[min] N. lat., 122[deg]22.49[min] W. long.;
    (201) 36[deg]52.29[min] N. lat., 122[deg]13.25[min] W. long.;
    (202) 36[deg]47.12[min] N. lat., 122[deg]07.62[min] W. long.;
    (203) 36[deg]47.10[min] N. lat., 122[deg]02.17[min] W. long.;
    (204) 36[deg]43.76[min] N. lat., 121[deg]59.17[min] W. long.;
    (205) 36[deg]38.85[min] N. lat., 122[deg]02.26[min] W. long.;
    (206) 36[deg]23.41[min] N. lat., 122[deg]00.17[min] W. long.;
    (207) 36[deg]19.68[min] N. lat., 122[deg]06.99[min] W. long.;
    (208) 36[deg]14.75[min] N. lat., 122[deg]01.57[min] W. long.;
    (209) 36[deg]09.74[min] N. lat., 121[deg]45.06[min] W. long.;
    (210) 36[deg]06.75[min] N. lat., 121[deg]40.79[min] W. long.;
    (211) 36[deg]00.00[min] N. lat., 121[deg]35.98[min] W. long.;
    (212) 35[deg]58.18[min] N. lat., 121[deg]34.69[min] W. long.;
    (213) 35[deg]52.31[min] N. lat., 121[deg]32.51[min] W. long.;
    (214) 35[deg]51.21[min] N. lat., 121[deg]30.97[min] W. long.;
    (215) 35[deg]46.32[min] N. lat., 121[deg]30.36[min] W. long.;
    (216) 35[deg]33.74[min] N. lat., 121[deg]20.16[min] W. long.;
    (217) 35[deg]31.37[min] N. lat., 121[deg]15.29[min] W. long.;
    (218) 35[deg]23.32[min] N. lat., 121[deg]11.50[min] W. long.;
    (219) 35[deg]15.28[min] N. lat., 121[deg]04.51[min] W. long.;
    (220) 35[deg]07.08[min] N. lat., 121[deg]00.36[min] W. long.;
    (221) 34[deg]57.46[min] N. lat., 120[deg]58.29[min] W. long.;
    (222) 34[deg]44.25[min] N. lat., 120[deg]58.35[min] W. long.;
    (223) 34[deg]32.30[min] N. lat., 120[deg]50.28[min] W. long.;
    (224) 34[deg]27.00[min] N. lat., 120[deg]42.61[min] W. long.;
    (225) 34[deg]19.08[min] N. lat., 120[deg]31.27[min] W. long.;
    (226) 34[deg]17.72[min] N. lat., 120[deg]19.32[min] W. long.;
    (227) 34[deg]22.45[min] N. lat., 120[deg]12.87[min] W. long.;
    (228) 34[deg]21.36[min] N. lat., 119[deg]54.94[min] W. long.;
    (229) 34[deg]09.95[min] N. lat., 119[deg]46.24[min] W. long.;
    (230) 34[deg]09.08[min] N. lat., 119[deg]57.59[min] W. long.;
    (231) 34[deg]07.53[min] N. lat., 120[deg]06.41[min] W. long.;
    (232) 34[deg]10.54[min] N. lat., 120[deg]19.13[min] W. long.;
    (233) 34[deg]14.68[min] N. lat., 120[deg]29.54[min] W. long.;
    (234) 34[deg]09.51[min] N. lat., 120[deg]38.38[min] W. long.;
    (235) 34[deg]03.06[min] N. lat., 120[deg]35.60[min] W. long.;
    (236) 33[deg]56.39[min] N. lat., 120[deg]28.53[min] W. long.;
    (237) 33[deg]50.25[min] N. lat., 120[deg]09.49[min] W. long.;
    (238) 33[deg]37.96[min] N. lat., 120[deg]00.14[min] W. long.;
    (239) 33[deg]34.52[min] N. lat., 119[deg]51.90[min] W. long.;
    (240) 33[deg]35.51[min] N. lat., 119[deg]48.55[min] W. long.;
    (241) 33[deg]42.76[min] N. lat., 119[deg]47.83[min] W. long.;
    (242) 33[deg]53.62[min] N. lat., 119[deg]53.34[min] W. long.;
    (243) 33[deg]57.61[min] N. lat., 119[deg]31.32[min] W. long.;
    (244) 33[deg]56.34[min] N. lat., 119[deg]26.46[min] W. long.;

[[Page 291]]

    (245) 33[deg]57.79[min] N. lat., 119[deg]26.91[min] W. long.;
    (246) 33[deg]58.88[min] N. lat., 119[deg]20.12[min] W. long.;
    (247) 34[deg]02.65[min] N. lat., 119[deg]15.17[min] W. long.;
    (248) 33[deg]59.02[min] N. lat., 119[deg]03.05[min] W. long.;
    (249) 33[deg]57.61[min] N. lat., 118[deg]42.13[min] W. long.;
    (250) 33[deg]50.76[min] N. lat., 118[deg]38.03[min] W. long.;
    (251) 33[deg]39.41[min] N. lat., 118[deg]18.74[min] W. long.;
    (252) 33[deg]35.51[min] N. lat., 118[deg]18.08[min] W. long.;
    (253) 33[deg]30.68[min] N. lat., 118[deg]10.40[min] W. long.;
    (254) 33[deg]32.49[min] N. lat., 117[deg]51.90[min] W. long.;
    (255) 32[deg]58.87[min] N. lat., 117[deg]20.41[min] W. long.; and
    (256) 32[deg]35.53[min] N. lat., 117[deg]29.72[min] W. long.
    (h) The 200 fm (366 m) depth contour used around San Clemente Island 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 33[deg]05.89[min] N. lat., 118[deg]39.45[min] W. long.;
    (2) 33[deg]02.68[min] N. lat., 118[deg]33.14[min] W. long.;
    (3) 32[deg]57.32[min] N. lat., 118[deg]29.12[min] W. long.;
    (4) 32[deg]47.51[min] N. lat., 118[deg]17.88[min] W. long.;
    (5) 32[deg]41.22[min] N. lat., 118[deg]23.78[min] W. long.;
    (6) 32[deg]46.83[min] N. lat., 118[deg]32.10[min] W. long.;
    (7) 33[deg]01.61[min] N. lat., 118[deg]40.64[min] W. long.; and
    (8) 33[deg]5.89[min] N. lat., 118[deg]39.45[min] W. long.
    (i) The 200 fm (366 m) depth contour used around Santa Catalina 
Island off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 33[deg]32.06[min] N. lat., 118[deg]44.52[min] W. long.;
    (2) 33[deg]31.36[min] N. lat., 118[deg]35.28[min] W. long.;
    (3) 33[deg]30.10[min] N. lat., 118[deg]30.82[min] W. long.;
    (4) 33[deg]27.91[min] N. lat., 118[deg]26.83[min] W. long.;
    (5) 33[deg]26.27[min] N. lat., 118[deg]21.35[min] W. long.;
    (6) 33[deg]21.34[min] N. lat., 118[deg]15.24[min] W. long.;
    (7) 33[deg]13.66[min] N. lat., 118[deg]08.98[min] W. long.;
    (8) 33[deg]17.15[min] N. lat., 118[deg]28.35[min] W. long.;
    (9) 33[deg]20.94[min] N. lat., 118[deg]34.34[min] W. long.;
    (10) 33[deg]23.32[min] N. lat., 118[deg]32.60[min] W. long.;
    (11) 33[deg]28.68[min] N. lat., 118[deg]44.93[min] W. long.; and
    (12) 33[deg]32.06[min] N. lat., 118[deg]44.52[min] W. long.
    (j) The 200 fm (366 m) depth contour used around Lasuen Knoll off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]25.91[min] N. lat., 117[deg]59.44[min] W. long.;
    (2) 33[deg]23.37[min] N. lat., 117[deg]56.97[min] W. long.;
    (3) 33[deg]22.82[min] N. lat., 117[deg]59.50[min] W. long.;
    (4) 33[deg]25.24[min] N. lat., 118[deg]01.68[min] W. long.; and
    (5) 33[deg]25.91[min] N. lat., 117[deg]59.44[min] W. long.
    (k) The 200 fm (366 m) depth contour used around San Diego Rise off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]50.30[min] N. lat., 117[deg]50.18[min] W. long.;
    (2) 32[deg]44.01[min] N. lat., 117[deg]44.46[min] W. long.;
    (3) 32[deg]41.34[min] N. lat., 117[deg]45.86[min] W. long.;
    (4) 32[deg]45.45[min] N. lat., 117[deg]50.09[min] W. long.;
    (5) 32[deg]50.10[min] N. lat., 117[deg]50.76[min] W. long.; and
    (6) 32[deg]50.30[min] N. lat., 117[deg]50.18[min] W. long.
    (l) The 200-fm (366-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico, modified to allow fishing 
in petrale sole areas, is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 48[deg]14.75[min] N. lat., 125[deg]41.73[min] W. long.;
    (2) 48[deg]12.85[min] N. lat., 125[deg]38.06[min] W. long.;
    (3) 48[deg]10.00[min] N. lat., 125[deg]41.82[min] W. long.;
    (4) 48[deg]07.10[min] N. lat., 125[deg]45.65[min] W. long.;
    (5) 48[deg]05.71[min] N. lat., 125[deg]44.69[min] W. long.;
    (6) 48[deg]04.07[min] N. lat., 125[deg]36.96[min] W. long.;
    (7) 48[deg]03.05[min] N. lat., 125[deg]36.38[min] W. long.;
    (8) 48[deg]01.98[min] N. lat., 125[deg]37.41[min] W. long.;
    (9) 48[deg]01.46[min] N. lat., 125[deg]39.61[min] W. long.;
    (10) 47[deg]56.94[min] N. lat., 125[deg]36.65[min] W. long.;
    (11) 47[deg]55.77[min] N. lat., 125[deg]30.13[min] W. long.;
    (12) 47[deg]55.65[min] N. lat., 125[deg]28.46[min] W. long.;
    (13) 47[deg]58.11[min] N. lat., 125[deg]26.60[min] W. long.;
    (14) 48[deg]00.40[min] N. lat., 125[deg]24.83[min] W. long.;
    (15) 48[deg]02.04[min] N. lat., 125[deg]22.90[min] W. long.;
    (16) 48[deg]03.60[min] N. lat., 125[deg]21.84[min] W. long.;
    (17) 48[deg]03.98[min] N. lat., 125[deg]20.65[min] W. long.;
    (18) 48[deg]03.26[min] N. lat., 125[deg]19.76[min] W. long.;
    (19) 48[deg]01.50[min] N. lat., 125[deg]18.80[min] W. long.;
    (20) 48[deg]01.03[min] N. lat., 125[deg]20.12[min] W. long.;
    (21) 48[deg]00.04[min] N. lat., 125[deg]20.26[min] W. long.;
    (22) 47[deg]58.10[min] N. lat., 125[deg]18.91[min] W. long.;
    (23) 47[deg]58.17[min] N. lat., 125[deg]17.50[min] W. long.;
    (24) 47[deg]52.33[min] N. lat., 125[deg]15.78[min] W. long.;
    (25) 47[deg]49.20[min] N. lat., 125[deg]10.67[min] W. long.;
    (26) 47[deg]48.27[min] N. lat., 125[deg]07.38[min] W. long.;
    (27) 47[deg]47.24[min] N. lat., 125[deg]05.38[min] W. long.;
    (28) 47[deg]45.95[min] N. lat., 125[deg]04.61[min] W. long.;
    (29) 47[deg]44.58[min] N. lat., 125[deg]07.12[min] W. long.;
    (30) 47[deg]42.24[min] N. lat., 125[deg]05.15[min] W. long.;
    (31) 47[deg]38.54[min] N. lat., 125[deg]06.76[min] W. long.;
    (32) 47[deg]35.03[min] N. lat., 125[deg]04.28[min] W. long.;

[[Page 292]]

    (33) 47[deg]28.82[min] N. lat., 124[deg]56.24[min] W. long.;
    (34) 47[deg]29.15[min] N. lat., 124[deg]54.10[min] W. long.;
    (35) 47[deg]28.43[min] N. lat., 124[deg]51.58[min] W. long.;
    (36) 47[deg]24.13[min] N. lat., 124[deg]47.50[min] W. long.;
    (37) 47[deg]18.31[min] N. lat., 124[deg]46.17[min] W. long.;
    (38) 47[deg]19.57[min] N. lat., 124[deg]51.00[min] W. long.;
    (39) 47[deg]18.12[min] N. lat., 124[deg]53.66[min] W. long.;
    (40) 47[deg]17.60[min] N. lat., 124[deg]52.94[min] W. long.;
    (41) 47[deg]17.71[min] N. lat., 124[deg]51.63[min] W. long.;
    (42) 47[deg]16.90[min] N. lat., 124[deg]51.23[min] W. long.;
    (43) 47[deg]16.10[min] N. lat., 124[deg]53.67[min] W. long.;
    (44) 47[deg]14.24[min] N. lat., 124[deg]53.02[min] W. long.;
    (45) 47[deg]12.16[min] N. lat., 124[deg]56.77[min] W. long.;
    (46) 47[deg]13.35[min] N. lat., 124[deg]58.70[min] W. long.;
    (47) 47[deg]09.53[min] N. lat., 124[deg]58.32[min] W. long.;
    (48) 47[deg]09.54[min] N. lat., 124[deg]59.50[min] W. long.;
    (49) 47[deg]05.87[min] N. lat., 124[deg]59.30[min] W. long.;
    (50) 47[deg]03.65[min] N. lat., 124[deg]56.26[min] W. long.;
    (51) 47[deg]00.87[min] N. lat., 124[deg]59.52[min] W. long.;
    (52) 46[deg]56.80[min] N. lat., 125[deg]00.00[min] W. long.;
    (53) 46[deg]51.55[min] N. lat., 125[deg]00.00[min] W. long.;
    (54) 46[deg]50.07[min] N. lat., 124[deg]53.90[min] W. long.;
    (55) 46[deg]44.88[min] N. lat., 124[deg]51.97[min] W. long.;
    (56) 46[deg]38.17[min] N. lat., 124[deg]42.66[min] W. long.;
    (57) 46[deg]33.45[min] N. lat., 124[deg]36.11[min] W. long.;
    (58) 46[deg]33.20[min] N. lat., 124[deg]30.64[min] W. long.;
    (59) 46[deg]27.85[min] N. lat., 124[deg]31.95[min] W. long.;
    (60) 46[deg]18.27[min] N. lat., 124[deg]39.28[min] W. long.;
    (61) 46[deg]16.00[min] N. lat., 124[deg]24.88[min] W. long.;
    (62) 46[deg]14.22[min] N. lat., 124[deg]26.28[min] W. long.;
    (63) 46[deg]11.53[min] N. lat., 124[deg]39.58[min] W. long.;
    (64) 46[deg]08.77[min] N. lat., 124[deg]41.71[min] W. long.;
    (65) 46[deg]05.86[min] N. lat., 124[deg]42.27[min] W. long.;
    (66) 46[deg]03.85[min] N. lat., 124[deg]48.20[min] W. long.;
    (67) 46[deg]02.34[min] N. lat., 124[deg]48.51[min] W. long.;
    (68) 45[deg]58.99[min] N. lat., 124[deg]44.42[min] W. long.;
    (69) 45[deg]49.68[min] N. lat., 124[deg]42.37[min] W. long.;
    (70) 45[deg]49.74[min] N. lat., 124[deg]43.69[min] W. long.;
    (71) 45[deg]46.00[min] N. lat., 124[deg]41.82[min] W. long.;
    (72) 45[deg]40.83[min] N. lat., 124[deg]40.90[min] W. long.;
    (73) 45[deg]34.88[min] N. lat., 124[deg]32.58[min] W. long.;
    (74) 45[deg]20.25[min] N. lat., 124[deg]25.47[min] W. long.;
    (75) 45[deg]13.04[min] N. lat., 124[deg]21.92[min] W. long.;
    (76) 45[deg]03.83[min] N. lat., 124[deg]27.13[min] W. long.;
    (77) 45[deg]00.17[min] N. lat., 124[deg]29.28[min] W. long.;
    (78) 44[deg]50.99[min] N. lat., 124[deg]35.40[min] W. long.;
    (79) 44[deg]46.87[min] N. lat., 124[deg]38.20[min] W. long.;
    (80) 44[deg]48.25[min] N. lat., 124[deg]40.62[min] W. long.;
    (81) 44[deg]41.34[min] N. lat., 124[deg]49.20[min] W. long.;
    (82) 44[deg]23.30[min] N. lat., 124[deg]50.17[min] W. long.;
    (83) 44[deg]13.19[min] N. lat., 124[deg]58.66[min] W. long.;
    (84) 44[deg]08.30[min] N. lat., 124[deg]58.72[min] W. long.;
    (85) 43[deg]57.37[min] N. lat., 124[deg]58.71[min] W. long.;
    (86) 43[deg]52.32[min] N. lat., 124[deg]49.43[min] W. long.;
    (87) 43[deg]51.35[min] N. lat., 124[deg]37.94[min] W. long.;
    (88) 43[deg]49.73[min] N. lat., 124[deg]40.26[min] W. long.;
    (89) 43[deg]39.06[min] N. lat., 124[deg]38.55[min] W. long.;
    (90) 43[deg]28.85[min] N. lat., 124[deg]39.99[min] W. long.;
    (91) 43[deg]20.83[min] N. lat., 124[deg]42.89[min] W. long.;
    (92) 43[deg]20.22[min] N. lat., 124[deg]43.05[min] W. long.;
    (93) 43[deg]13.29[min] N. lat., 124[deg]47.00[min] W. long.;
    (94) 43[deg]10.64[min] N. lat., 124[deg]49.95[min] W. long.;
    (95) 43[deg]04.26[min] N. lat., 124[deg]53.05[min] W. long.;
    (96) 42[deg]53.93[min] N. lat., 124[deg]54.60[min] W. long.;
    (97) 42[deg]50.00[min] N. lat., 124[deg]50.60[min] W. long.;
    (98) 42[deg]47.57[min] N. lat., 124[deg]48.12[min] W. long.;
    (99) 42[deg]46.19[min] N. lat., 124[deg]44.52[min] W. long.;
    (100) 42[deg]41.75[min] N. lat., 124[deg]44.69[min] W. long.;
    (101) 42[deg]40.50[min] N. lat., 124[deg]44.02[min] W. long.;
    (102) 42[deg]38.81[min] N. lat., 124[deg]43.09[min] W. long.;
    (103) 42[deg]31.83[min] N. lat., 124[deg]46.23[min] W. long.;
    (104) 42[deg]32.08[min] N. lat., 124[deg]43.58[min] W. long.;
    (105) 42[deg]30.96[min] N. lat., 124[deg]43.84[min] W. long.;
    (106) 42[deg]28.41[min] N. lat., 124[deg]49.17[min] W. long.;
    (107) 42[deg]24.80[min] N. lat., 124[deg]45.93[min] W. long.;
    (108) 42[deg]19.71[min] N. lat., 124[deg]41.60[min] W. long.;
    (109) 42[deg]15.12[min] N. lat., 124[deg]38.34[min] W. long.;
    (110) 42[deg]13.67[min] N. lat., 124[deg]38.28[min] W. long.;
    (111) 42[deg]12.35[min] N. lat., 124[deg]38.09[min] W. long.;
    (112) 42[deg]00.00[min] N. lat., 124[deg]36.83[min] W. long.;
    (113) 41[deg]47.78[min] N. lat., 124[deg]29.55[min] W. long.;
    (114) 41[deg]21.15[min] N. lat., 124[deg]29.04[min] W. long.;
    (115) 41[deg]13.50[min] N. lat., 124[deg]24.40[min] W. long.;
    (116) 41[deg]11.00[min] N. lat., 124[deg]22.99[min] W. long.;
    (117) 41[deg]06.69[min] N. lat., 124[deg]23.30[min] W. long.;
    (118) 40[deg]54.73[min] N. lat., 124[deg]28.15[min] W. long.;
    (119) 40[deg]53.94[min] N. lat., 124[deg]26.11[min] W. long.;
    (120) 40[deg]50.31[min] N. lat., 124[deg]26.15[min] W. long.;
    (121) 40[deg]44.49[min] N. lat., 124[deg]30.89[min] W. long.;
    (122) 40[deg]40.62[min] N. lat., 124[deg]32.16[min] W. long.;
    (123) 40[deg]38.87[min] N. lat., 124[deg]30.15[min] W. long.;
    (124) 40[deg]35.67[min] N. lat., 124[deg]30.43[min] W. long.;
    (125) 40[deg]37.41[min] N. lat., 124[deg]37.06[min] W. long.;

[[Page 293]]

    (126) 40[deg]36.09[min] N. lat., 124[deg]40.11[min] W. long.;
    (127) 40[deg]31.33[min] N. lat., 124[deg]41.01[min] W. long.;
    (128) 40[deg]30.00[min] N. lat., 124[deg]38.15[min] W. long.;
    (129) 40[deg]27.34[min] N. lat., 124[deg]37.28[min] W. long.;
    (130) 40[deg]25.01[min] N. lat., 124[deg]36.36[min] W. long.;
    (131) 40[deg]22.28[min] N. lat., 124[deg]31.35[min] W. long.;
    (132) 40[deg]16.29[min] N. lat., 124[deg]34.50[min] W. long.;
    (133) 40[deg]14.00[min] N. lat., 124[deg]33.02[min] W. long.;
    (134) 40[deg]10.00[min] N. lat., 124[deg]24.55[min] W. long.;
    (135) 40[deg]06.45[min] N. lat., 124[deg]19.24[min] W. long.;
    (136) 40[deg]07.08[min] N. lat., 124[deg]17.80[min] W. long.;
    (137) 40[deg]05.55[min] N. lat., 124[deg]18.11[min] W. long.;
    (138) 40[deg]04.74[min] N. lat., 124[deg]18.11[min] W. long.;
    (139) 40[deg]02.35[min] N. lat., 124[deg]16.54[min] W. long.;
    (140) 40[deg]01.51[min] N. lat., 124[deg]09.89[min] W. long.;
    (141) 39[deg]58.54[min] N. lat., 124[deg]12.43[min] W. long.;
    (142) 39[deg]55.72[min] N. lat., 124[deg]09.86[min] W. long.;
    (143) 39[deg]42.64[min] N. lat., 124[deg]02.52[min] W. long.;
    (144) 39[deg]35.96[min] N. lat., 123[deg]59.47[min] W. long.;
    (145) 39[deg]34.61[min] N. lat., 123[deg]59.59[min] W. long.;
    (146) 39[deg]33.79[min] N. lat., 123[deg]56.77[min] W. long.;
    (147) 39[deg]33.03[min] N. lat., 123[deg]57.06[min] W. long.;
    (148) 39[deg]32.21[min] N. lat., 123[deg]59.12[min] W. long.;
    (149) 39[deg]07.81[min] N. lat., 123[deg]59.06[min] W. long.;
    (150) 38[deg]57.50[min] N. lat., 123[deg]57.32[min] W. long.;
    (151) 38[deg]52.26[min] N. lat., 123[deg]56.18[min] W. long.;
    (152) 38[deg]50.21[min] N. lat., 123[deg]55.48[min] W. long.;
    (153) 38[deg]46.81[min] N. lat., 123[deg]51.49[min] W. long.;
    (154) 38[deg]45.29[min] N. lat., 123[deg]51.55[min] W. long.;
    (155) 38[deg]42.76[min] N. lat., 123[deg]49.73[min] W. long.;
    (156) 38[deg]41.42[min] N. lat., 123[deg]47.45[min] W. long.;
    (157) 38[deg]35.74[min] N. lat., 123[deg]43.82[min] W. long.;
    (158) 38[deg]34.92[min] N. lat., 123[deg]42.53[min] W. long.;
    (159) 38[deg]19.65[min] N. lat., 123[deg]31.95[min] W. long.;
    (160) 38[deg]14.38[min] N. lat., 123[deg]25.51[min] W. long.;
    (161) 38[deg]09.39[min] N. lat., 123[deg]24.40[min] W. long.;
    (162) 38[deg]10.06[min] N. lat., 123[deg]26.84[min] W. long.;
    (163) 38[deg]04.58[min] N. lat., 123[deg]31.91[min] W. long.;
    (164) 38[deg]02.06[min] N. lat., 123[deg]31.26[min] W. long.;
    (165) 38[deg]00.00[min] N. lat., 123[deg]29.56[min] W. long.;
    (166) 37[deg]58.07[min] N. lat., 123[deg]27.21[min] W. long.;
    (167) 37[deg]55.07[min] N. lat., 123[deg]27.20[min] W. long.;
    (168) 37[deg]50.77[min] N. lat., 123[deg]24.52[min] W. long.;
    (169) 37[deg]43.94[min] N. lat., 123[deg]11.49[min] W. long.;
    (170) 37[deg]35.67[min] N. lat., 123[deg]02.23[min] W. long.;
    (171) 37[deg]23.48[min] N. lat., 122[deg]57.77[min] W. long.;
    (172) 37[deg]23.23[min] N. lat., 122[deg]53.85[min] W. long.;
    (173) 37[deg]13.96[min] N. lat., 122[deg]49.97[min] W. long.;
    (174) 37[deg]11.00[min] N. lat., 122[deg]45.68[min] W. long.;
    (175) 37[deg]07.00[min] N. lat., 122[deg]43.37[min] W. long.;
    (176) 37[deg]01.04[min] N. lat., 122[deg]37.94[min] W. long.;
    (177) 36[deg]57.40[min] N. lat., 122[deg]28.36[min] W. long.;
    (178) 36[deg]59.21[min] N. lat., 122[deg]25.64[min] W. long.;
    (179) 36[deg]56.90[min] N. lat., 122[deg]25.42[min] W. long.;
    (180) 36[deg]57.60[min] N. lat., 122[deg]21.95[min] W. long.;
    (181) 36[deg]55.69[min] N. lat., 122[deg]22.32[min] W. long.;
    (182) 36[deg]52.27[min] N. lat., 122[deg]13.17[min] W. long.;
    (183) 36[deg]47.38[min] N. lat., 122[deg]07.62[min] W. long.;

[[Page 294]]

    (184) 36[deg]47.27[min] N. lat., 122[deg]03.77[min] W. long.;
    (185) 36[deg]24.12[min] N. lat., 121[deg]59.74[min] W. long.;
    (186) 36[deg]21.99[min] N. lat., 122[deg]01.01[min] W. long.;
    (187) 36[deg]19.56[min] N. lat., 122[deg]05.88[min] W. long.;
    (188) 36[deg]14.63[min] N. lat., 122[deg]01.10[min] W. long.;
    (189) 36[deg]09.74[min] N. lat., 121[deg]45.01[min] W. long.;
    (190) 36[deg]06.69[min] N. lat., 121[deg]40.77[min] W. long.;
    (191) 36[deg]00.00[min] N. lat., 121[deg]36.01[min] W. long.;
    (192) 35[deg]56.54[min] N. lat., 121[deg]33.27[min] W. long.;
    (193) 35[deg]52.21[min] N. lat., 121[deg]32.46[min] W. long.;
    (194) 35[deg]51.21[min] N. lat., 121[deg]30.94[min] W. long.;
    (195) 35[deg]46.28[min] N. lat., 121[deg]30.29[min] W. long.;
    (196) 35[deg]33.68[min] N. lat., 121[deg]20.09[min] W. long.;
    (197) 35[deg]31.33[min] N. lat., 121[deg]15.22[min] W. long.;
    (198) 35[deg]23.29[min] N. lat., 121[deg]11.41[min] W. long.;
    (199) 35[deg]15.26[min] N. lat., 121[deg]04.49[min] W. long.;
    (200) 35[deg]07.05[min] N. lat., 121[deg]00.26[min] W. long.;
    (201) 35[deg]07.46[min] N. lat., 120[deg]57.10[min] W. long.;
    (202) 34[deg]44.29[min] N. lat., 120[deg]54.28[min] W. long.;
    (203) 34[deg]44.24[min] N. lat., 120[deg]57.69[min] W. long.;
    (204) 34[deg]39.06[min] N. lat., 120[deg]55.01[min] W. long.;
    (205) 34[deg]19.08[min] N. lat., 120[deg]31.21[min] W. long.;
    (206) 34[deg]27.00[min] N. lat., 120[deg]42.61[min] W. long.;
    (207) 34[deg]17.72[min] N. lat., 120[deg]19.26[min] W. long.;
    (208) 34[deg]22.45[min] N. lat., 120[deg]12.81[min] W. long.;
    (209) 34[deg]21.36[min] N. lat., 119[deg]54.88[min] W. long.;
    (210) 34[deg]09.95[min] N. lat., 119[deg]46.18[min] W. long.;
    (211) 34[deg]09.08[min] N. lat., 119[deg]57.53[min] W. long.;
    (212) 34[deg]07.53[min] N. lat., 120[deg]06.35[min] W. long.;
    (213) 34[deg]10.37[min] N. lat., 120[deg]18.40[min] W. long.;
    (214) 34[deg]12.50[min] N. lat., 120[deg]18.40[min] W. long.;
    (215) 34[deg]12.50[min] N. lat., 120[deg]24.96[min] W. long.;
    (216) 34[deg]14.68[min] N. lat., 120[deg]29.48[min] W. long.;
    (217) 34[deg]09.51[min] N. lat., 120[deg]38.32[min] W. long.;
    (218) 34[deg]04.66[min] N. lat., 120[deg]36.29[min] W. long.;
    (219) 34[deg]02.21[min] N. lat., 120[deg]36.29[min] W. long.;
    (220) 34[deg]02.21[min] N. lat., 120[deg]34.65[min] W. long.;
    (221) 33[deg]56.39[min] N. lat., 120[deg]28.47[min] W. long.;
    (222) 33[deg]50.40[min] N. lat., 120[deg]10.00[min] W. long.;
    (223) 33[deg]37.96[min] N. lat., 120[deg]00.08[min] W. long.;
    (224) 33[deg]34.52[min] N. lat., 119[deg]51.84[min] W. long.;
    (225) 33[deg]35.51[min] N. lat., 119[deg]48.49[min] W. long.;
    (226) 33[deg]42.76[min] N. lat., 119[deg]47.77[min] W. long.;
    (227) 33[deg]51.63[min] N. lat., 119[deg]53.00[min] W. long.;
    (228) 33[deg]51.62[min] N. lat., 119[deg]48.00[min] W. long.;
    (229) 33[deg]54.59[min] N. lat., 119[deg]48.00[min] W. long.;
    (230) 33[deg]57.69[min] N. lat., 119[deg]31.00[min] W. long.;
    (231) 33[deg]54.11[min] N. lat., 119[deg]31.00[min] W. long.;
    (232) 33[deg]54.11[min] N. lat., 119[deg]26.00[min] W. long.;
    (233) 33[deg]57.94[min] N. lat., 119[deg]26.00[min] W. long.;
    (234) 33[deg]58.88[min] N. lat., 119[deg]20.06[min] W. long.;
    (235) 34[deg]02.65[min] N. lat., 119[deg]15.11[min] W. long.;
    (236) 33[deg]59.02[min] N. lat., 119[deg]02.99[min] W. long.;
    (237) 33[deg]57.61[min] N. lat., 118[deg]42.07[min] W. long.;
    (238) 33[deg]50.76[min] N. lat., 118[deg]37.98[min] W. long.;
    (239) 33[deg]39.17[min] N. lat., 118[deg]18.47[min] W. long.;
    (240) 33[deg]37.14[min] N. lat., 118[deg]18.39[min] W. long.;
    (241) 33[deg]35.51[min] N. lat., 118[deg]18.03[min] W. long.;

[[Page 295]]

    (242) 33[deg]30.68[min] N. lat., 118[deg]10.35[min] W. long.;
    (243) 33[deg]32.49[min] N. lat., 117[deg]51.85[min] W. long.;
    (244) 32[deg]58.87[min] N. lat., 117[deg]20.36[min] W. long.; and
    (245) 32[deg]35.56[min] N. lat., 117[deg]29.66[min] W. long.
    (m) The 250-fm (457-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]14.71[min] N. lat., 125[deg]41.95[min] W. long.;
    (2) 48[deg]13.00[min] N. lat., 125[deg]39.00[min] W. long.;
    (3) 48[deg]10.00[min] N. lat., 125[deg]43.00[min] W. long.;
    (4) 48[deg]08.50[min] N. lat., 125[deg]45.00[min] W. long.;
    (5) 48[deg]06.00[min] N. lat., 125[deg]46.50[min] W. long.;
    (6) 48[deg]03.50[min] N. lat., 125[deg]37.00[min] W. long.;
    (7) 48[deg]01.50[min] N. lat., 125[deg]40.00[min] W. long.;
    (8) 47[deg]57.00[min] N. lat., 125[deg]37.00[min] W. long.;
    (9) 47[deg]55.20[min] N. lat., 125[deg]37.26[min] W. long.;
    (10) 47[deg]54.02[min] N. lat., 125[deg]36.60[min] W. long.;
    (11) 47[deg]53.70[min] N. lat., 125[deg]35.09[min] W. long.;
    (12) 47[deg]54.16[min] N. lat., 125[deg]32.38[min] W. long.;
    (13) 47[deg]55.50[min] N. lat., 125[deg]28.50[min] W. long.;
    (14) 47[deg]58.00[min] N. lat., 125[deg]25.00[min] W. long.;
    (15) 48[deg]00.50[min] N. lat., 125[deg]24.50[min] W. long.;
    (16) 48[deg]03.50[min] N. lat., 125[deg]21.00[min] W. long.;
    (17) 48[deg]02.00[min] N. lat., 125[deg]19.50[min] W. long.;
    (18) 48[deg]00.00[min] N. lat., 125[deg]21.00[min] W. long.;
    (19) 47[deg]58.00[min] N. lat., 125[deg]20.00[min] W. long.;
    (20) 47[deg]58.00[min] N. lat., 125[deg]18.00[min] W. long.;
    (21) 47[deg]52.00[min] N. lat., 125[deg]16.50[min] W. long.;
    (22) 47[deg]46.00[min] N. lat., 125[deg]06.00[min] W. long.;
    (23) 47[deg]44.50[min] N. lat., 125[deg]07.50[min] W. long.;
    (24) 47[deg]42.00[min] N. lat., 125[deg]06.00[min] W. long.;
    (25) 47[deg]37.96[min] N. lat., 125[deg]07.17[min] W. long.;
    (26) 47[deg]28.00[min] N. lat., 124[deg]58.50[min] W. long.;
    (27) 47[deg]28.88[min] N. lat., 124[deg]54.70[min] W. long.;
    (28) 47[deg]27.70[min] N. lat., 124[deg]51.87[min] W. long.;
    (29) 47[deg]24.84[min] N. lat., 124[deg]48.45[min] W. long.;
    (30) 47[deg]21.76[min] N. lat., 124[deg]47.42[min] W. long.;
    (31) 47[deg]18.84[min] N. lat., 124[deg]46.75[min] W. long.;
    (32) 47[deg]19.82[min] N. lat., 124[deg]51.43[min] W. long.;
    (33) 47[deg]18.13[min] N. lat., 124[deg]54.25[min] W. long.;
    (34) 47[deg]13.50[min] N. lat., 124[deg]54.70[min] W. long.;
    (35) 47[deg]15.00[min] N. lat., 125[deg]01.10[min] W. long.;
    (36) 47[deg]08.77[min] N. lat., 125[deg]00.91[min] W. long.;
    (37) 47[deg]05.80[min] N. lat., 125[deg]01.00[min] W. long.;
    (38) 47[deg]03.34[min] N. lat., 124[deg]57.50[min] W. long.;
    (39) 47[deg]01.00[min] N. lat., 125[deg]00.00[min] W. long.;
    (40) 46[deg]55.00[min] N. lat., 125[deg]02.00[min] W. long.;
    (41) 46[deg]53.32[min] N. lat., 125[deg]00.00[min] W. long.;
    (42) 46[deg]51.55[min] N. lat., 125[deg]00.00[min] W. long.;
    (43) 46[deg]50.80[min] N. lat., 124[deg]56.90[min] W. long.;
    (44) 46[deg]47.00[min] N. lat., 124[deg]55.00[min] W. long.;
    (45) 46[deg]38.17[min] N. lat., 124[deg]43.45[min] W. long.;
    (46) 46[deg]34.00[min] N. lat., 124[deg]38.00[min] W. long.;
    (47) 46[deg]30.50[min] N. lat., 124[deg]41.00[min] W. long.;
    (48) 46[deg]33.00[min] N. lat., 124[deg]32.00[min] W. long.;
    (49) 46[deg]29.00[min] N. lat., 124[deg]32.00[min] W. long.;
    (50) 46[deg]20.00[min] N. lat., 124[deg]39.00[min] W. long.;
    (51) 46[deg]18.16[min] N. lat., 124[deg]40.00[min] W. long.;
    (52) 46[deg]16.00[min] N. lat., 124[deg]27.00[min] W. long.;
    (53) 46[deg]16.00[min] N. lat., 124[deg]27.01[min] W. long.;
    (54) 46[deg]15.00[min] N. lat., 124[deg]30.96[min] W. long.;
    (55) 46[deg]13.17[min] N. lat., 124[deg]37.87[min] W. long.;
    (56) 46[deg]13.17[min] N. lat., 124[deg]38.75[min] W. long.;
    (57) 46[deg]10.50[min] N. lat., 124[deg]42.00[min] W. long.;
    (58) 46[deg]06.21[min] N. lat., 124[deg]41.85[min] W. long.;
    (59) 46[deg]03.02[min] N. lat., 124[deg]50.27[min] W. long.;
    (60) 45[deg]57.00[min] N. lat., 124[deg]45.52[min] W. long.;
    (61) 45[deg]46.85[min] N. lat., 124[deg]45.91[min] W. long.;
    (62) 45[deg]46.00[min] N. lat., 124[deg]46.84[min] W. long.;
    (63) 45[deg]45.81[min] N. lat., 124[deg]47.05[min] W. long.;
    (64) 45[deg]44.87[min] N. lat., 124[deg]45.98[min] W. long.;
    (65) 45[deg]43.44[min] N. lat., 124[deg]46.03[min] W. long.;
    (66) 45[deg]35.82[min] N. lat., 124[deg]45.72[min] W. long.;
    (67) 45[deg]35.70[min] N. lat., 124[deg]42.89[min] W. long.;
    (68) 45[deg]24.45[min] N. lat., 124[deg]38.21[min] W. long.;
    (69) 45[deg]11.68[min] N. lat., 124[deg]39.38[min] W. long.;
    (70) 45[deg]03.83[min] N. lat., 124[deg]38.03[min] W. long.;
    (71) 44[deg]57.94[min] N. lat., 124[deg]37.02[min] W. long.;
    (72) 44[deg]44.28[min] N. lat., 124[deg]50.79[min] W. long.;
    (73) 44[deg]32.63[min] N. lat., 124[deg]54.21[min] W. long.;
    (74) 44[deg]23.36[min] N. lat., 124[deg]50.53[min] W. long.;
    (75) 44[deg]13.30[min] N. lat., 124[deg]59.03[min] W. long.;
    (76) 43[deg]57.85[min] N. lat., 124[deg]58.57[min] W. long.;
    (77) 43[deg]50.12[min] N. lat., 124[deg]53.36[min] W. long.;
    (78) 43[deg]49.53[min] N. lat., 124[deg]43.96[min] W. long.;
    (79) 43[deg]42.76[min] N. lat., 124[deg]41.40[min] W. long.;
    (80) 43[deg]24.00[min] N. lat., 124[deg]42.61[min] W. long.;
    (81) 43[deg]20.83[min] N. lat., 124[deg]44.48[min] W. long.;
    (82) 43[deg]19.74[min] N. lat., 124[deg]45.12[min] W. long.;
    (83) 43[deg]19.62[min] N. lat., 124[deg]52.95[min] W. long.;
    (84) 43[deg]17.41[min] N. lat., 124[deg]53.02[min] W. long.;
    (85) 42[deg]56.41[min] N. lat., 124[deg]54.59[min] W. long.;
    (86) 42[deg]53.82[min] N. lat., 124[deg]55.76[min] W. long.;
    (87) 42[deg]53.54[min] N. lat., 124[deg]54.88[min] W. long.;
    (88) 42[deg]50.00[min] N. lat., 124[deg]55.12[min] W. long.;
    (89) 42[deg]49.26[min] N. lat., 124[deg]55.17[min] W. long.;
    (90) 42[deg]46.74[min] N. lat., 124[deg]53.39[min] W. long.;
    (91) 42[deg]43.76[min] N. lat., 124[deg]51.64[min] W. long.;
    (92) 42[deg]45.41[min] N. lat., 124[deg]49.35[min] W. long.;
    (93) 42[deg]43.92[min] N. lat., 124[deg]45.92[min] W. long.;
    (94) 42[deg]40.50[min] N. lat., 124[deg]44.30[min] W. long.;
    (95) 42[deg]38.84[min] N. lat., 124[deg]43.51[min] W. long.;
    (96) 42[deg]34.78[min] N. lat., 124[deg]46.56[min] W. long.;
    (97) 42[deg]31.47[min] N. lat., 124[deg]46.89[min] W. long.;
    (98) 42[deg]31.59[min] N. lat., 124[deg]44.85[min] W. long.;
    (99) 42[deg]31.12[min] N. lat., 124[deg]44.82[min] W. long.;
    (100) 42[deg]28.48[min] N. lat., 124[deg]49.96[min] W. long.;
    (101) 42[deg]26.28[min] N. lat., 124[deg]47.99[min] W. long.;
    (102) 42[deg]19.58[min] N. lat., 124[deg]43.21[min] W. long.;

[[Page 296]]

    (103) 42[deg]13.75[min] N. lat., 124[deg]40.06[min] W. long.;
    (104) 42[deg]05.12[min] N. lat., 124[deg]39.06[min] W. long.;
    (105) 42[deg]00.00[min] N. lat., 124[deg]37.76[min] W. long.;
    (106) 41[deg]47.93[min] N. lat., 124[deg]31.79[min] W. long.;
    (107) 41[deg]21.35[min] N. lat., 124[deg]30.35[min] W. long.;
    (108) 41[deg]07.11[min] N. lat., 124[deg]25.25[min] W. long.;
    (109) 40[deg]57.37[min] N. lat., 124[deg]30.25[min] W. long.;
    (110) 40[deg]48.77[min] N. lat., 124[deg]30.69[min] W. long.;
    (111) 40[deg]41.03[min] N. lat., 124[deg]33.21[min] W. long.;
    (112) 40[deg]37.40[min] N. lat., 124[deg]38.96[min] W. long.;
    (113) 40[deg]33.70[min] N. lat., 124[deg]42.50[min] W. long.;
    (114) 40[deg]31.31[min] N. lat., 124[deg]41.59[min] W. long.;
    (115) 40[deg]30.00[min] N. lat., 124[deg]40.50[min] W. long.;
    (116) 40[deg]25.00[min] N. lat., 124[deg]36.65[min] W. long.;
    (117) 40[deg]22.42[min] N. lat., 124[deg]32.19[min] W. long.;
    (118) 40[deg]17.17[min] N. lat., 124[deg]32.21[min] W. long.;
    (119) 40[deg]18.68[min] N. lat., 124[deg]50.44[min] W. long.;
    (120) 40[deg]13.55[min] N. lat., 124[deg]34.26[min] W. long.;
    (121) 40[deg]10.00[min] N. lat., 124[deg]28.25[min] W. long.;
    (122) 40[deg]06.72[min] N. lat., 124[deg]21.40[min] W. long.;
    (123) 40[deg]01.63[min] N. lat., 124[deg]17.25[min] W. long.;
    (124) 40[deg]00.68[min] N. lat., 124[deg]11.19[min] W. long.;
    (125) 39[deg]59.09[min] N. lat., 124[deg]14.92[min] W. long.;
    (126) 39[deg]56.44[min] N. lat., 124[deg]12.52[min] W. long.;
    (127) 39[deg]54.98[min] N. lat., 124[deg]08.71[min] W. long.;
    (128) 39[deg]52.60[min] N. lat., 124[deg]10.01[min] W. long.;
    (129) 39[deg]37.37[min] N. lat., 124[deg]00.58[min] W. long.;
    (130) 39[deg]32.41[min] N. lat., 124[deg]00.01[min] W. long.;
    (131) 39[deg]05.40[min] N. lat., 124[deg]00.52[min] W. long.;
    (132) 39[deg]04.32[min] N. lat., 123[deg]59.00[min] W. long.;
    (133) 38[deg]58.02[min] N. lat., 123[deg]58.18[min] W. long.;
    (134) 38[deg]57.50[min] N. lat., 124[deg]01.90[min] W. long.;
    (135) 38[deg]50.27[min] N. lat., 123[deg]56.26[min] W. long.;
    (136) 38[deg]46.73[min] N. lat., 123[deg]51.93[min] W. long.;
    (137) 38[deg]44.64[min] N. lat., 123[deg]51.77[min] W. long.;
    (138) 38[deg]32.97[min] N. lat., 123[deg]41.84[min] W. long.;
    (139) 38[deg]14.56[min] N. lat., 123[deg]32.18[min] W. long.;
    (140) 38[deg]13.85[min] N. lat., 123[deg]29.94[min] W. long.;
    (141) 38[deg]11.88[min] N. lat., 123[deg]30.57[min] W. long.;
    (142) 38[deg]08.72[min] N. lat., 123[deg]29.56[min] W. long.;
    (143) 38[deg]05.62[min] N. lat., 123[deg]32.38[min] W. long.;
    (144) 38[deg]01.90[min] N. lat., 123[deg]32.00[min] W. long.;
    (145) 38[deg]00.00[min] N. lat., 123[deg]30.00[min] W. long.;
    (146) 37[deg]58.07[min] N. lat., 123[deg]27.35[min] W. long.;
    (147) 37[deg]54.97[min] N. lat., 123[deg]27.69[min] W. long.;
    (148) 37[deg]51.32[min] N. lat., 123[deg]25.40[min] W. long.;
    (149) 37[deg]43.82[min] N. lat., 123[deg]11.69[min] W. long.;
    (150) 37[deg]35.67[min] N. lat., 123[deg]02.62[min] W. long.;
    (151) 37[deg]11.00[min] N. lat., 122[deg]54.50[min] W. long.;
    (152) 37[deg]07.00[min] N. lat., 122[deg]48.59[min] W. long.;
    (153) 36[deg]59.99[min] N. lat., 122[deg]38.49[min] W. long.;
    (154) 36[deg]56.64[min] N. lat., 122[deg]28.78[min] W. long.;
    (155) 36[deg]58.93[min] N. lat., 122[deg]25.67[min] W. long.;
    (156) 36[deg]56.19[min] N. lat., 122[deg]25.67[min] W. long.;
    (157) 36[deg]57.09[min] N. lat., 122[deg]22.85[min] W. long.;
    (158) 36[deg]54.95[min] N. lat., 122[deg]22.63[min] W. long.;
    (159) 36[deg]52.25[min] N. lat., 122[deg]13.94[min] W. long.;
    (160) 36[deg]46.94[min] N. lat., 122[deg]07.90[min] W. long.;

[[Page 297]]

    (161) 36[deg]46.86[min] N. lat., 122[deg]02.24[min] W. long.;
    (162) 36[deg]43.73[min] N. lat., 121[deg]59.33[min] W. long.;
    (163) 36[deg]38.93[min] N. lat., 122[deg]02.46[min] W. long.;
    (164) 36[deg]30.77[min] N. lat., 122[deg]01.40[min] W. long.;
    (165) 36[deg]23.78[min] N. lat., 122[deg]00.52[min] W. long.;
    (166) 36[deg]19.98[min] N. lat., 122[deg]07.63[min] W. long.;
    (167) 36[deg]15.36[min] N. lat., 122[deg]03.50[min] W. long.;
    (168) 36[deg]09.47[min] N. lat., 121[deg]45.37[min] W. long.;
    (169) 36[deg]06.42[min] N. lat., 121[deg]41.34[min] W. long.;
    (170) 36[deg]00.00[min] N. lat., 121[deg]37.68[min] W. long.;
    (171) 35[deg]52.25[min] N. lat., 121[deg]33.21[min] W. long.;
    (172) 35[deg]51.09[min] N. lat., 121[deg]31.83[min] W. long.;
    (173) 35[deg]46.47[min] N. lat., 121[deg]31.19[min] W. long.;
    (174) 35[deg]33.97[min] N. lat., 121[deg]21.69[min] W. long.;
    (175) 35[deg]30.94[min] N. lat., 121[deg]18.36[min] W. long.;
    (176) 35[deg]23.08[min] N. lat., 121[deg]15.56[min] W. long.;
    (177) 35[deg]13.67[min] N. lat., 121[deg]05.79[min] W. long.;
    (178) 35[deg]06.77[min] N. lat., 121[deg]02.45[min] W. long.;
    (179) 34[deg]53.32[min] N. lat., 121[deg]01.46[min] W. long.;
    (180) 34[deg]49.36[min] N. lat., 121[deg]03.04[min] W. long.;
    (181) 34[deg]44.12[min] N. lat., 121[deg]01.28[min] W. long.;
    (182) 34[deg]32.38[min] N. lat., 120[deg]51.78[min] W. long.;
    (183) 34[deg]27.00[min] N. lat., 120[deg]44.25[min] W. long.;
    (184) 34[deg]17.93[min] N. lat., 120[deg]35.43[min] W. long.;
    (185) 34[deg]16.02[min] N. lat., 120[deg]28.70[min] W. long.;
    (186) 34[deg]09.84[min] N. lat., 120[deg]38.85[min] W. long.;
    (187) 34[deg]03.22[min] N. lat., 120[deg]36.12[min] W. long.;
    (188) 33[deg]55.98[min] N. lat., 120[deg]28.81[min] W. long.;
    (189) 33[deg]49.88[min] N. lat., 120[deg]10.07[min] W. long.;
    (190) 33[deg]37.75[min] N. lat., 120[deg]00.35[min] W. long.;
    (191) 33[deg]33.91[min] N. lat., 119[deg]51.74[min] W. long.;
    (192) 33[deg]35.07[min] N. lat., 119[deg]48.14[min] W. long.;
    (193) 33[deg]42.60[min] N. lat., 119[deg]47.40[min] W. long.;
    (194) 33[deg]53.25[min] N. lat., 119[deg]52.58[min] W. long.;
    (195) 33[deg]57.48[min] N. lat., 119[deg]31.27[min] W. long.;
    (196) 33[deg]55.47[min] N. lat., 119[deg]24.96[min] W. long.;
    (197) 33[deg]57.60[min] N. lat., 119[deg]26.68[min] W. long.;
    (198) 33[deg]58.68[min] N. lat., 119[deg]20.13[min] W. long.;
    (199) 34[deg]02.02[min] N. lat., 119[deg]14.62[min] W. long.;
    (200) 33[deg]58.73[min] N. lat., 119[deg]03.21[min] W. long.;
    (201) 33[deg]57.33[min] N. lat., 118[deg]43.08[min] W. long.;
    (202) 33[deg]50.71[min] N. lat., 118[deg]38.33[min] W. long.;
    (203) 33[deg]39.27[min] N. lat., 118[deg]18.76[min] W. long.;
    (204) 33[deg]35.16[min] N. lat., 118[deg]18.33[min] W. long.;
    (205) 33[deg]28.82[min] N. lat., 118[deg]08.73[min] W. long.;
    (206) 33[deg]31.44[min] N. lat., 117[deg]51.34[min] W. long.;
    (207) 32[deg]58.76[min] N. lat., 117[deg]20.85[min] W. long.; and
    (208) 32[deg]35.61[min] N. lat., 117[deg]30.15[min] W. long.
    (n) The 250-fm (457-m) depth contour used around San Clemente Island 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 33[deg]06.10[min] N. lat., 118[deg]39.07[min] W. long.;
    (2) 33[deg]05.31[min] N. lat., 118[deg]40.88[min] W. long.;
    (3) 33[deg]03.03[min] N. lat., 118[deg]41.72[min] W. long.;
    (4) 32[deg]46.62[min] N. lat., 118[deg]32.23[min] W. long.;
    (5) 32[deg]40.81[min] N. lat., 118[deg]23.85[min] W. long.;
    (6) 32[deg]47.55[min] N. lat., 118[deg]17.59[min] W. long.;
    (7) 32[deg]57.35[min] N. lat., 118[deg]28.83[min] W. long.;
    (8) 33[deg]02.79[min] N. lat., 118[deg]32.85[min] W. long.; and
    (9) 33[deg]06.10[min] N. lat., 118[deg]39.07[min] W. long.
    (o) The 250-fm (457-m) depth contour used around Santa Catalina 
Island is defined by straight lines connecting all of the following 
points in the order stated:
    (1) 33[deg]13.37[min] N. lat., 118[deg]08.39[min] W. long.;

[[Page 298]]

    (2) 33[deg]20.86[min] N. lat., 118[deg]14.39[min] W. long.;
    (3) 33[deg]26.49[min] N. lat., 118[deg]21.17[min] W. long.;
    (4) 33[deg]28.14[min] N. lat., 118[deg]26.68[min] W. long.;
    (5) 33[deg]30.36[min] N. lat., 118[deg]30.55[min] W. long.;
    (6) 33[deg]31.65[min] N. lat., 118[deg]35.33[min] W. long.;
    (7) 33[deg]32.89[min] N. lat., 118[deg]42.97[min] W. long.;
    (8) 33[deg]32.64[min] N. lat., 118[deg]49.44[min] W. long.;
    (9) 33[deg]38.02[min] N. lat., 118[deg]57.35[min] W. long.;
    (10) 33[deg]37.08[min] N. lat., 118[deg]57.93[min] W. long.;
    (11) 33[deg]30.76[min] N. lat., 118[deg]49.96[min] W. long.;
    (12) 33[deg]23.24[min] N. lat., 118[deg]32.88[min] W. long.;
    (13) 33[deg]20.91[min] N. lat., 118[deg]34.67[min] W. long.;
    (14) 33[deg]17.04[min] N. lat., 118[deg]28.21[min] W. long.; and
    (15) 33[deg]13.37[min] N. lat., 118[deg]08.39[min] W. long.
    (p) The 250-fm (457-m) depth contour used around Lasuen Knoll is 
defined by straight lines connecting all of the following points in the 
order stated:
    (1) 33[deg]26.76[min] N. lat., 118[deg]00.77[min] W. long.;
    (2) 33[deg]25.30[min] N. lat., 117[deg]57.88[min] W. long.;
    (3) 33[deg]23.37[min] N. lat., 117[deg]56.14[min] W. long.;
    (4) 33[deg]22.06[min] N. lat., 117[deg]57.06[min] W. long.;
    (5) 33[deg]22.85[min] N. lat., 117[deg]59.47[min] W. long.;
    (6) 33[deg]23.97[min] N. lat., 118[deg]00.72[min] W. long.;
    (7) 33[deg]25.98[min] N. lat., 118[deg]01.63[min] W. long.; and
    (8) 33[deg]26.76[min] N. lat., 118[deg]00.77[min] W. long.
    (q) The 250-fm (457-m) depth contour used around San Diego Rise is 
defined by straight lines connecting all of the following points in the 
order stated:
    (1) 32 [deg]51.58[min] N. lat., 117[deg]51.00[min] W. long.;
    (2) 32[deg]44.69[min] N. lat., 117[deg]44.55[min] W. long.;
    (3) 32[deg]37.05[min] N. lat., 117[deg]42.02[min] W. long.;
    (4) 32[deg]36.07[min] N. lat., 117[deg]44.29[min] W. long.;
    (5) 32[deg]47.03[min] N. lat., 117[deg]50.97[min] W. long.;
    (6) 32[deg]51.50[min] N. lat., 117[deg]51.47[min] W. long.; and
    (7) 32[deg]51.58[min] N. lat., 117[deg]51.00[min] W. long.
    (r) The 250-fm (457-m) depth contour used between the U.S. border 
with Canada and the U.S. border with Mexico, modified to allow fishing 
in petrale sole areas, is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 48[deg]14.71[min] N. lat., 125[deg]41.95[min] W. long.;
    (2) 48[deg]13.00[min] N. lat., 125[deg]39.00[min] W. long.;
    (3) 48[deg]10.00[min] N. lat., 125[deg]43.00[min] W. long.;
    (4) 48[deg]08.50[min] N. lat., 125[deg]45.00[min] W. long.;
    (5) 48[deg]06.00[min] N. lat., 125[deg]46.50[min] W. long.;
    (6) 48[deg]03.50[min] N. lat., 125[deg]37.00[min] W. long.;
    (7) 48[deg]01.50[min] N. lat., 125[deg]40.00[min] W. long.;
    (8) 47[deg]57.00[min] N. lat., 125[deg]37.00[min] W. long.;
    (9) 47[deg]55.50[min] N. lat., 125[deg]28.50[min] W. long.;
    (10) 47[deg]58.00[min] N. lat., 125[deg]25.00[min] W. long.;
    (11) 48[deg]00.50[min] N. lat., 125[deg]24.50[min] W. long.;
    (12) 48[deg]03.50[min] N. lat., 125[deg]21.00[min] W. long.;
    (13) 48[deg]02.00[min] N. lat., 125[deg]19.50[min] W. long.;
    (14) 48[deg]00.00[min] N. lat., 125[deg]21.00[min] W. long.;
    (15) 47[deg]58.00[min] N. lat., 125[deg]20.00[min] W. long.;
    (16) 47[deg]58.00[min] N. lat., 125[deg]18.00[min] W. long.;
    (17) 47[deg]52.00[min] N. lat., 125[deg]16.50[min] W. long.;
    (18) 47[deg]46.00[min] N. lat., 125[deg]06.00[min] W. long.;
    (19) 47[deg]44.50[min] N. lat., 125[deg]07.50[min] W. long.;
    (20) 47[deg]42.00[min] N. lat., 125[deg]06.00[min] W. long.;
    (21) 47[deg]37.96[min] N. lat., 125[deg]07.17[min] W. long.;
    (22) 47[deg]28.00[min] N. lat., 124[deg]58.50[min] W. long.;
    (23) 47[deg]28.88[min] N. lat., 124[deg]54.70[min] W. long.;
    (24) 47[deg]27.70[min] N. lat., 124[deg]51.87[min] W. long.;
    (25) 47[deg]24.84[min] N. lat., 124[deg]48.45[min] W. long.;
    (26) 47[deg]21.76[min] N. lat., 124[deg]47.42[min] W. long.;
    (27) 47[deg]18.84[min] N. lat., 124[deg]46.75[min] W. long.;
    (28) 47[deg]19.82[min] N. lat., 124[deg]51.43[min] W. long.;
    (29) 47[deg]18.13[min] N. lat., 124[deg]54.25[min] W. long.;
    (30) 47[deg]13.50[min] N. lat., 124[deg]54.70[min] W. long.;
    (31) 47[deg]15.00[min] N. lat., 125[deg]01.10[min] W. long.;
    (32) 47[deg]08.77[min] N. lat., 125[deg]00.91[min] W. long.;
    (33) 47[deg]05.80[min] N. lat., 125[deg]01.00[min] W. long.;
    (34) 47[deg]03.34[min] N. lat., 124[deg]57.49[min] W. long.;
    (35) 47[deg]01.00[min] N. lat., 125[deg]00.00[min] W. long.;
    (36) 46[deg]55.00[min] N. lat., 125[deg]02.00[min] W. long.;
    (37) 46[deg]53.32[min] N. lat., 125[deg]00.00[min] W. long.;
    (38) 46[deg]51.55[min] N. lat., 125[deg]00.00[min] W. long.;
    (39) 46[deg]50.80[min] N. lat., 124[deg]56.90[min] W. long.;
    (40) 46[deg]47.00[min] N. lat., 124[deg]55.00[min] W. long.;
    (41) 46[deg]38.17[min] N. lat., 124[deg]43.45[min] W. long.;
    (42) 46[deg]34.00[min] N. lat., 124[deg]38.00[min] W. long.;
    (43) 46[deg]30.50[min] N. lat., 124[deg]41.00[min] W. long.;
    (44) 46[deg]33.00[min] N. lat., 124[deg]32.00[min] W. long.;
    (45) 46[deg]29.00[min] N. lat., 124[deg]32.00[min] W. long.;
    (46) 46[deg]20.00[min] N. lat., 124[deg]39.00[min] W. long.;
    (47) 46[deg]18.16[min] N. lat., 124[deg]40.00[min] W. long.;
    (48) 46[deg]16.00[min] N. lat., 124[deg]27.00[min] W. long.;
    (49) 46[deg]15.00[min] N. lat., 124[deg]30.96[min] W. long.;
    (50) 46[deg]13.17[min] N. lat., 124[deg]38.76[min] W. long.;
    (51) 46[deg]10.51[min] N. lat., 124[deg]41.99[min] W. long.;
    (52) 46[deg]06.24[min] N. lat., 124[deg]41.81[min] W. long.;
    (53) 46[deg]03.04[min] N. lat., 124[deg]50.26[min] W. long.;
    (54) 45[deg]56.99[min] N. lat., 124[deg]45.45[min] W. long.;
    (55) 45[deg]49.94[min] N. lat., 124[deg]45.75[min] W. long.;
    (56) 45[deg]49.94[min] N. lat., 124[deg]42.33[min] W. long.;
    (57) 45[deg]46.00[min] N. lat., 124[deg]42.19[min] W. long.;
    (58) 45[deg]45.73[min] N. lat., 124[deg]42.18[min] W. long.;
    (59) 45[deg]45.73[min] N. lat., 124[deg]43.82[min] W. long.;
    (60) 45[deg]41.94[min] N. lat., 124[deg]43.61[min] W. long.;
    (61) 45[deg]41.58[min] N. lat., 124[deg]39.86[min] W. long.;
    (62) 45[deg]38.45[min] N. lat., 124[deg]39.94[min] W. long.;
    (63) 45[deg]35.75[min] N. lat., 124[deg]42.91[min] W. long.;
    (64) 45[deg]24.49[min] N. lat., 124[deg]38.20[min] W. long.;
    (65) 45[deg]14.43[min] N. lat., 124[deg]39.05[min] W. long.;
    (66) 45[deg]14.30[min] N. lat., 124[deg]34.19[min] W. long.;
    (67) 45[deg]08.98[min] N. lat., 124[deg]34.26[min] W. long.;
    (68) 45[deg]09.02[min] N. lat., 124[deg]38.81[min] W. long.;
    (69) 45[deg]03.83[min] N. lat., 124[deg]37.95[min] W. long.;
    (70) 44[deg]57.98[min] N. lat., 124[deg]36.98[min] W. long.;
    (71) 44[deg]56.62[min] N. lat., 124[deg]38.32[min] W. long.;

[[Page 299]]

    (72) 44[deg]50.82[min] N. lat., 124[deg]35.52[min] W. long.;
    (73) 44[deg]46.89[min] N. lat., 124[deg]38.32[min] W. long.;
    (74) 44[deg]50.78[min] N. lat., 124[deg]44.24[min] W. long.;
    (75) 44[deg]44.27[min] N. lat., 124[deg]50.78[min] W. long.;
    (76) 44[deg]32.63[min] N. lat., 124[deg]54.24[min] W. long.;
    (77) 44[deg]23.25[min] N. lat., 124[deg]49.78[min] W. long.;
    (78) 44[deg]13.16[min] N. lat., 124[deg]58.81[min] W. long.;
    (79) 43[deg]57.88[min] N. lat., 124[deg]58.25[min] W. long.;
    (80) 43[deg]56.89[min] N. lat., 124[deg]57.33[min] W. long.;
    (81) 43[deg]53.41[min] N. lat., 124[deg]51.95[min] W. long.;
    (82) 43[deg]51.56[min] N. lat., 124[deg]47.38[min] W. long.;
    (83) 43[deg]51.49[min] N. lat., 124[deg]37.77[min] W. long.;
    (84) 43[deg]48.02[min] N. lat., 124[deg]43.31[min] W. long.;
    (85) 43[deg]42.77[min] N. lat., 124[deg]41.39[min] W. long.;
    (86) 43[deg]24.09[min] N. lat., 124[deg]42.57[min] W. long.;
    (87) 43[deg]20.83[min] N. lat., 124[deg]44.45[min] W. long.;
    (88) 43[deg]19.73[min] N. lat., 124[deg]45.09[min] W. long.;
    (89) 43[deg]15.98[min] N. lat., 124[deg]47.76[min] W. long.;
    (90) 43[deg]04.14[min] N. lat., 124[deg]52.55[min] W. long.;
    (91) 43[deg]04.00[min] N. lat., 124[deg]53.88[min] W. long.;
    (92) 42[deg]54.69[min] N. lat., 124[deg]54.54[min] W. long.;
    (93) 42[deg]50.00[min] N. lat., 124[deg]51.91[min] W. long.;
    (94) 42[deg]45.46[min] N. lat., 124[deg]49.37[min] W. long.;
    (95) 42[deg]43.91[min] N. lat., 124[deg]45.90[min] W. long.;
    (96) 42[deg]40.50[min] N. lat., 124[deg]44.19[min] W. long.;
    (97) 42[deg]38.84[min] N. lat., 124[deg]43.36[min] W. long.;
    (98) 42[deg]34.82[min] N. lat., 124[deg]46.56[min] W. long.;
    (99) 42[deg]31.57[min] N. lat., 124[deg]46.86[min] W. long.;
    (100) 42[deg]30.98[min] N. lat., 124[deg]44.27[min] W. long.;
    (101) 42[deg]29.21[min] N. lat., 124[deg]46.93[min] W. long.;
    (102) 42[deg]28.52[min] N. lat., 124[deg]49.40[min] W. long.;
    (103) 42[deg]26.06[min] N. lat., 124[deg]46.61[min] W. long.;
    (104) 42[deg]21.82[min] N. lat., 124[deg]43.76[min] W. long.;
    (105) 42[deg]17.47[min] N. lat., 124[deg]38.89[min] W. long.;
    (106) 42[deg]13.67[min] N. lat., 124[deg]37.51[min] W. long.;
    (107) 42[deg]13.76[min] N. lat., 124[deg]40.03[min] W. long.;
    (108) 42[deg]05.12[min] N. lat., 124[deg]39.06[min] W. long.;
    (109) 42[deg]02.67[min] N. lat., 124[deg]38.41[min] W. long.;
    (110) 42[deg]02.67[min] N. lat., 124[deg]35.95[min] W. long.;
    (111) 42[deg]00.00[min] N. lat., 124[deg]36.83[min] W. long.;
    (112) 41[deg]47.79[min] N. lat., 124[deg]29.48[min] W. long.;
    (113) 41[deg]21.01[min] N. lat., 124[deg]29.01[min] W. long.;
    (114) 41[deg]13.50[min] N. lat., 124[deg]24.40[min] W. long.;
    (115) 41[deg]11.00[min] N. lat., 124[deg]22.99[min] W. long.;
    (116) 41[deg]06.69[min] N. lat., 124[deg]23.30[min] W. long.;
    (117) 40[deg]54.73[min] N. lat., 124[deg]28.15[min] W. long.;
    (118) 40[deg]53.95[min] N. lat., 124[deg]26.04[min] W. long.;
    (119) 40[deg]50.27[min] N. lat., 124[deg]26.20[min] W. long.;
    (120) 40[deg]44.49[min] N. lat., 124[deg]30.81[min] W. long.;
    (121) 40[deg]40.63[min] N. lat., 124[deg]32.14[min] W. long.;
    (122) 40[deg]38.96[min] N. lat., 124[deg]30.04[min] W. long.;
    (123) 40[deg]35.67[min] N. lat., 124[deg]30.43[min] W. long.;
    (124) 40[deg]37.41[min] N. lat., 124[deg]37.06[min] W. long.;
    (125) 40[deg]36.09[min] N. lat., 124[deg]40.11[min] W. long.;
    (126) 40[deg]31.35[min] N. lat., 124[deg]40.98[min] W. long.;
    (127) 40[deg]30.00[min] N. lat., 124[deg]37.48[min] W. long.;
    (128) 40[deg]27.34[min] N. lat., 124[deg]37.28[min] W. long.;
    (129) 40[deg]25.01[min] N. lat., 124[deg]36.36[min] W. long.;
    (130) 40[deg]22.28[min] N. lat., 124[deg]31.83[min] W. long.;
    (131) 40[deg]13.68[min] N. lat., 124[deg]33.10[min] W. long.;
    (132) 40[deg]10.00[min] N. lat., 124[deg]24.55[min] W. long.;
    (133) 40[deg]06.45[min] N. lat., 124[deg]19.24[min] W. long.;
    (134) 40[deg]07.08[min] N. lat., 124[deg]17.80[min] W. long.;
    (135) 40[deg]05.55[min] N. lat., 124[deg]18.11[min] W. long.;
    (136) 40[deg]04.74[min] N. lat., 124[deg]18.11[min] W. long.;
    (137) 40[deg]02.35[min] N. lat., 124[deg]16.53[min] W. long.;
    (138) 40[deg]01.13[min] N. lat., 124[deg]12.98[min] W. long.;
    (139) 40[deg]01.52[min] N. lat., 124[deg]09.83[min] W. long.;
    (140) 39[deg]58.54[min] N. lat., 124[deg]12.43[min] W. long.;
    (141) 39[deg]55.72[min] N. lat., 124[deg]07.44[min] W. long.;
    (142) 39[deg]42.64[min] N. lat., 124[deg]02.52[min] W. long.;
    (143) 39[deg]35.96[min] N. lat., 123[deg]59.47[min] W. long.;
    (144) 39[deg]34.61[min] N. lat., 123[deg]59.58[min] W. long.;

[[Page 300]]

    (145) 39[deg]33.79[min] N. lat., 123[deg]56.77[min] W. long.;
    (146) 39[deg]33.03[min] N. lat., 123[deg]57.06[min] W. long.;
    (147) 39[deg]32.21[min] N. lat., 123[deg]59.12[min] W. long.;
    (148) 39[deg]07.81[min] N. lat., 123[deg]59.06[min] W. long.;
    (149) 38[deg]57.50[min] N. lat., 123[deg]57.25[min] W. long.;
    (150) 38[deg]52.26[min] N. lat., 123[deg]56.18[min] W. long.;
    (151) 38[deg]50.21[min] N. lat., 123[deg]55.48[min] W. long.;
    (152) 38[deg]46.81[min] N. lat., 123[deg]51.49[min] W. long.;
    (153) 38[deg]45.29[min] N. lat., 123[deg]51.55[min] W. long.;
    (154) 38[deg]42.76[min] N. lat., 123[deg]49.73[min] W. long.;
    (155) 38[deg]41.26[min] N. lat., 123[deg]47.28[min] W. long.;
    (156) 38[deg]35.75[min] N. lat., 123[deg]43.76[min] W. long.;
    (157) 38[deg]34.93[min] N. lat., 123[deg]42.46[min] W. long.;
    (158) 38[deg]19.95[min] N. lat., 123[deg]32.90[min] W. long.;
    (159) 38[deg]14.38[min] N. lat., 123[deg]25.51[min] W. long.;
    (160) 38[deg]09.39[min] N. lat., 123[deg]24.39[min] W. long.;
    (161) 38[deg]10.18[min] N. lat., 123[deg]27.11[min] W. long.;
    (162) 38[deg]04.64[min] N. lat., 123[deg]31.97[min] W. long.;
    (163) 38[deg]02.06[min] N. lat., 123[deg]31.26[min] W. long.;
    (164) 38[deg]00.00[min] N. lat., 123[deg]29.64[min] W. long.;
    (165) 37[deg]58.19[min] N. lat., 123[deg]27.40[min] W. long.;
    (166) 37[deg]50.62[min] N. lat., 123[deg]24.51[min] W. long.;
    (167) 37[deg]43.82[min] N. lat., 123[deg]11.69[min] W. long.;
    (168) 37[deg]35.67[min] N. lat., 123[deg]02.62[min] W. long.;
    (169) 37[deg]23.53[min] N. lat., 122[deg]58.65[min] W. long.;
    (170) 37[deg]23.23[min] N. lat., 122[deg]53.78[min] W. long.;
    (171) 37[deg]13.97[min] N. lat., 122[deg]49.91[min] W. long.;
    (172) 37[deg]11.00[min] N. lat., 122[deg]45.61[min] W. long.;
    (173) 37[deg]07.00[min] N. lat., 122[deg]44.76[min] W. long.;
    (174) 36[deg]59.99[min] N. lat., 122[deg]38.49[min] W. long.;
    (175) 36[deg]56.64[min] N. lat., 122[deg]28.78[min] W. long.;
    (176) 36[deg]58.93[min] N. lat., 122[deg]25.67[min] W. long.;
    (177) 36[deg]56.19[min] N. lat., 122[deg]25.67[min] W. long.;
    (178) 36[deg]57.09[min] N. lat., 122[deg]22.85[min] W. long.;
    (179) 36[deg]54.95[min] N. lat., 122[deg]22.63[min] W. long.;
    (180) 36[deg]52.25[min] N. lat., 122[deg]13.94[min] W. long.;
    (181) 36[deg]46.94[min] N. lat., 122[deg]07.90[min] W. long.;
    (182) 36[deg]47.12[min] N. lat., 122[deg]03.99[min] W. long.;
    (183) 36[deg]23.87[min] N. lat., 122[deg]00.00[min] W. long.;
    (184) 36[deg]22.17[min] N. lat., 122[deg]01.19[min] W. long.;
    (185) 36[deg]19.61[min] N. lat., 122[deg]06.29[min] W. long.;
    (186) 36[deg]14.73[min] N. lat., 122[deg]01.55[min] W. long.;
    (187) 36[deg]09.47[min] N. lat., 121[deg]45.37[min] W. long.;
    (188) 36[deg]06.42[min] N. lat., 121[deg]41.34[min] W. long.;
    (189) 36[deg]00.07[min] N. lat., 121[deg]37.68[min] W. long.;
    (190) 36[deg]00.00[min] N. lat., 121[deg]37.66[min] W. long.;
    (191) 35[deg]52.25[min] N. lat., 121[deg]33.21[min] W. long.;
    (192) 35[deg]51.09[min] N. lat., 121[deg]31.83[min] W. long.;
    (193) 35[deg]46.47[min] N. lat., 121[deg]31.19[min] W. long.;
    (194) 35[deg]33.97[min] N. lat., 121[deg]21.69[min] W. long.;
    (195) 35[deg]30.94[min] N. lat., 121[deg]18.36[min] W. long.;
    (196) 35[deg]23.08[min] N. lat., 121[deg]15.56[min] W. long.;
    (197) 35[deg]13.67[min] N. lat., 121[deg]05.79[min] W. long.;
    (198) 35[deg]06.77[min] N. lat., 121[deg]02.45[min] W. long.;
    (199) 35[deg]07.46[min] N. lat., 120[deg]57.10[min] W. long.;
    (200) 34[deg]44.29[min] N. lat., 120[deg]54.28[min] W. long.;
    (201) 34[deg]44.24[min] N. lat., 120[deg]57.62[min] W. long.;
    (202) 34[deg]41.65[min] N. lat., 120[deg]59.54[min] W. long.;

[[Page 301]]

    (203) 34[deg]27.00[min] N. lat., 120[deg]44.25[min] W. long.;
    (204) 34[deg]17.97[min] N. lat., 120[deg]35.54[min] W. long.;
    (205) 34[deg]16.02[min] N. lat., 120[deg]28.70[min] W. long.;
    (206) 34[deg]09.84[min] N. lat., 120[deg]38.85[min] W. long.;
    (207) 34[deg]02.21[min] N. lat., 120[deg]36.23[min] W. long.;
    (208) 33[deg]55.98[min] N. lat., 120[deg]28.81[min] W. long.;
    (209) 33[deg]49.88[min] N. lat., 120[deg]10.07[min] W. long.;
    (210) 33[deg]37.75[min] N. lat., 120[deg]00.35[min] W. long.;
    (211) 33[deg]33.91[min] N. lat., 119[deg]51.74[min] W. long.;
    (212) 33[deg]35.07[min] N. lat., 119[deg]48.14[min] W. long.;
    (213) 33[deg]42.60[min] N. lat., 119[deg]47.40[min] W. long.;
    (214) 33[deg]51.63[min] N. lat., 119[deg]52.35[min] W. long.;
    (215) 33[deg]51.62[min] N. lat., 119[deg]47.94[min] W. long.;
    (216) 33[deg]54.29[min] N. lat., 119[deg]47.94[min] W. long.;
    (217) 33[deg]57.52[min] N. lat., 119[deg]30.94[min] W. long.;
    (218) 33[deg]54.11[min] N. lat., 119[deg]30.94[min] W. long.;
    (219) 33[deg]54.11[min] N. lat., 119[deg]25.94[min] W. long.;
    (220) 33[deg]57.74[min] N. lat., 119[deg]25.94[min] W. long.;
    (221) 33[deg]58.68[min] N. lat., 119[deg]20.13[min] W. long.;
    (222) 34[deg]02.02[min] N. lat., 119[deg]14.62[min] W. long.;
    (223) 33[deg]58.73[min] N. lat., 119[deg]03.21[min] W. long.;
    (224) 33[deg]57.33[min] N. lat., 118[deg]43.08[min] W. long.;
    (225) 33[deg]50.71[min] N. lat., 118[deg]38.33[min] W. long.;
    (226) 33[deg]39.27[min] N. lat., 118[deg]18.76[min] W. long.;
    (227) 33[deg]35.16[min] N. lat., 118[deg]18.33[min] W. long.;
    (228) 33[deg]28.82[min] N. lat., 118[deg]08.73[min] W. long.;
    (229) 33[deg]31.44[min] N. lat., 117[deg]51.34[min] W. long.;
    (230) 32[deg]58.76[min] N. lat., 117[deg]20.85[min] W. long.; and
    (231) 32[deg]35.61[min] N. lat., 117[deg]30.15[min] W. long.

[69 FR 77069, Dec. 23, 2004; 70 FR 13119, Mar. 18, 2005, as amended at 
70 FR 16149, Mar. 30, 2005; 71 FR 78687, Dec. 29, 2006; 72 FR 13045, 
Mar. 20, 2007; 72 FR 53167, Sept. 18, 2007; 74 FR 9911, Mar. 6, 2009]



Sec. 660.395  Essential Fish Habitat (EFH)

    Essential fish habitat (EFH) is defined as those waters and 
substrate necessary to fish for spawning, breeding, feeding or growth to 
maturity (16 U.S.C. 1802 (10). EFH for Pacific Coast Groundfish includes 
all waters and substrate within areas with a depth less than or equal to 
3,500 m (1,914 fm) shoreward to the mean higher high water level or the 
upriver extent of saltwater intrusion (defined as upstream and landward 
to where ocean-derived salts measure less than 0.5 parts per thousand 
during the period of average annual low flow). Seamounts in depths 
greater than 3,500 m (1,914 fm) are also included due to their 
ecological importance to groundfish. Geographically, EFH for Pacific 
Coast groundfish includes both a large band of marine waters that 
extends from the Northern edge of the EEZ at the U.S. border with Canada 
to the Southern edge of the EEZ at the U.S. border with Mexico, and 
inland within bays and estuaries. The seaward extent of EFH is 
consistent with the westward edge of the EEZ for areas approximately 
north of Cape Mendocino. Approximately south of Cape Mendocino, the 3500 
m depth contour and EFH is substantially shoreward of the seaward 
boundary of the EEZ. There are also numerous discrete areas seaward of 
the main 3500 m depth contour where the ocean floor rises to depths less 
than 3500 m and therefore are also EFH. The seaward boundary of EFH and 
additional areas of EFH are defined by straight lines connecting a 
series of latitude and longitude coordinates in Sec. 660.395(a) through 
Sec. 660.395(qq).
    (a) The seaward boundary of EFH, with the exception of the areas in 
paragraphs (b) through (qq), is bounded by the EEZ combined with a 
straight line connecting all of the following points in the order 
stated:
    (1) 40[deg]18.17[min] N. lat., 128[deg]46.72[min] W. long.;
    (2) 40[deg]17.33[min] N. lat., 125[deg]58.62[min] W. long.;
    (3) 39[deg]59.10[min] N. lat., 125[deg]44.13[min] W. long.;

[[Page 302]]

    (4) 39[deg]44.99[min] N. lat., 125[deg]41.63[min] W. long.;
    (5) 39[deg]29.98[min] N. lat., 125[deg]23.86[min] W. long.;
    (6) 39[deg]08.46[min] N. lat., 125[deg]38.17[min] W. long.;
    (7) 38[deg]58.71[min] N. lat., 125[deg]22.33[min] W. long.;
    (8) 38[deg]33.22[min] N. lat., 125[deg]16.82[min] W. long.;
    (9) 38[deg]50.47[min] N. lat., 124[deg]53.20[min] W. long.;
    (10) 38[deg]51.66[min] N. lat., 124[deg]35.15[min] W. long.;
    (11) 37[deg]48.74[min] N. lat., 123[deg]53.79[min] W. long.;
    (12) 37[deg]45.53[min] N. lat., 124[deg]03.18[min] W. long.;
    (13) 37[deg]05.55[min] N. lat., 123[deg]46.18[min] W. long.;
    (14) 36[deg]41.37[min] N. lat., 123[deg]25.16[min] W. long.;
    (15) 36[deg]24.44[min] N. lat., 123[deg]25.03[min] W. long.;
    (16) 36[deg]10.47[min] N. lat., 123[deg]31.11[min] W. long.;
    (17) 35[deg]57.97[min] N. lat., 123[deg]21.33[min] W. long.;
    (18) 36[deg]05.20[min] N. lat., 123[deg]15.17[min] W. long.;
    (19) 36[deg]01.23[min] N. lat., 123[deg]04.04[min] W. long.;
    (20) 35[deg]29.75[min] N. lat., 123[deg]02.44[min] W. long.;
    (21) 35[deg]22.25[min] N. lat., 122[deg]58.24[min] W. long.;
    (22) 35[deg]21.91[min] N. lat., 122[deg]34.83[min] W. long.;
    (23) 35[deg]34.35[min] N. lat., 122[deg]25.83[min] W. long.;
    (24) 34[deg]57.35[min] N. lat., 122[deg]07.03[min] W. long.;
    (25) 34[deg]20.19[min] N. lat., 121[deg]33.92[min] W. long.;
    (26) 33[deg]55.10[min] N. lat., 121[deg]43.15[min] W. long.;
    (27) 33[deg]39.65[min] N. lat., 121[deg]28.35[min] W. long.;
    (28) 33[deg]40.68[min] N. lat., 121[deg]23.06[min] W. long.;
    (29) 33[deg]26.19[min] N. lat., 121[deg]06.16[min] W. long.;
    (30) 33[deg]03.77[min] N. lat., 121[deg]34.33[min] W. long.;
    (31) 32[deg]46.38[min] N. lat., 121[deg]02.84[min] W. long.;
    (32) 33[deg]05.45[min] N. lat., 120[deg]40.71[min] W. long.;
    (33) 32[deg]12.70[min] N. lat., 120[deg]10.85[min] W. long.;
    (34) 32[deg]11.36[min] N. lat., 120[deg]03.19[min] W. long.;
    (35) 32[deg]00.77[min] N. lat., 119[deg]50.68[min] W. long.;
    (36) 31[deg]52.47[min] N. lat., 119[deg]48.11[min] W. long.;
    (37) 31[deg]45.43[min] N. lat., 119[deg]40.89[min] W. long.;
    (38) 31[deg]41.96[min] N. lat., 119[deg]28.57[min] W. long.;
    (39) 31[deg]35.10[min] N. lat., 119[deg]33.50[min] W. long.;
    (40) 31[deg]24.37[min] N. lat., 119[deg]29.61[min] W. long.;
    (41) 31[deg]26.74[min] N. lat., 119[deg]18.47[min] W. long.;
    (42) 31[deg]03.75[min] N. lat., 118[deg]59.58[min] W. long.
    (b) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]11.94[min] N. lat., 121[deg]57.84[min] W. long.;
    (2) 31[deg]06.87[min] N. lat., 121[deg]57.42[min] W. long.;
    (3) 31[deg]06.29[min] N. lat., 122[deg]09.22[min] W. long.;
    (4) 31[deg]11.39[min] N. lat., 122[deg]09.10[min] W. long.;
    and connecting back to 31[deg]11.94[min] N. lat., 121[deg]57.84[min] 
W. long.
    (c) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]11.21[min] N. lat., 122[deg]10.24[min] W. long.;
    (2) 31[deg]07.62[min] N. lat., 122[deg]09.62[min] W. long.;
    (3) 31[deg]07.40[min] N. lat., 122[deg]19.34[min] W. long.;
    (4) 31[deg]12.84[min] N. lat., 122[deg]18.82[min] W. long.;
    and connecting back to 31[deg]11.21[min] N. lat., 122[deg]10.24[min] 
W. long.
    (d) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]06.87[min] N. lat., 119[deg]28.05[min] W. long.;
    (2) 30[deg]58.83[min] N. lat., 119[deg]26.74[min] W. long.;
    (3) 30[deg]55.41[min] N. lat., 119[deg]45.63[min] W. long.;
    (4) 31[deg]05.90[min] N. lat., 119[deg]42.05[min] W. long.;
    and connecting back to 31[deg]06.87[min] N. lat., 119[deg]28.05[min] 
W. long.
    (e) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]02.05[min] N. lat., 119[deg]08.97[min] W. long.;
    (2) 31[deg]04.96[min] N. lat., 119[deg]09.96[min] W. long.;
    (3) 31[deg]06.24[min] N. lat., 119[deg]07.45[min] W. long.;
    (4) 31[deg]02.63[min] N. lat., 119[deg]05.77[min] W. long.;
    and connecting back to 31[deg]02.05[min] N. lat., 119[deg]08.97[min] 
W. long.
    (f) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]23.41[min] N. lat., 122[deg]23.99[min] W. long.;
    (2) 31[deg]25.98[min] N. lat., 122[deg]23.67[min] W. long.;
    (3) 31[deg]25.52[min] N. lat., 122[deg]21.95[min] W. long.;
    (4) 31[deg]23.51[min] N. lat., 122[deg]21.98[min] W. long.;
    and connecting back to 31[deg]23.41[min] N. lat., 122[deg]23.99[min] 
W. long.
    (g) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]21.95[min] N. lat., 122[deg]25.05[min] W. long.;
    (2) 31[deg]23.31[min] N. lat., 122[deg]27.73[min] W. long.;
    (3) 31[deg]26.63[min] N. lat., 122[deg]27.64[min] W. long.;
    (4) 31[deg]26.72[min] N. lat., 122[deg]25.23[min] W. long.;
    and connecting back to 31[deg]21.95[min] N. lat., 122[deg]25.05[min] 
W. long.
    (h) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]21.36[min] N. lat., 119[deg]47.67[min] W. long.;
    (2) 31[deg]29.17[min] N. lat., 119[deg]48.51[min] W. long.;
    (3) 31[deg]29.48[min] N. lat., 119[deg]43.20[min] W. long.;
    (4) 31[deg]21.92[min] N. lat., 119[deg]40.68[min] W. long.;
    and connecting back to 31[deg]21.36[min] N. lat., 119[deg]47.67[min] 
W. long.
    (i) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]37.36[min] N. lat., 122[deg]20.86[min] W. long.;
    (2) 31[deg]41.22[min] N. lat., 122[deg]21.35[min] W. long.;
    (3) 31[deg]42.68[min] N. lat., 122[deg]18.80[min] W. long.;
    (4) 31[deg]39.71[min] N. lat., 122[deg]15.99[min] W. long.;
    and connecting back to 31[deg]37.36[min] N. lat., 122[deg]20.86[min] 
W. long.
    (j) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]45.92[min] N. lat., 121[deg]40.55[min] W. long.;
    (2) 31[deg]48.79[min] N. lat., 121[deg]40.52[min] W. long.;
    (3) 31[deg]48.61[min] N. lat., 121[deg]37.65[min] W. long.;
    (4) 31[deg]45.93[min] N. lat., 121[deg]38.00[min] W. long.;
    and connecting back to 31[deg]45.92[min] N. lat., 121[deg]40.55[min] 
W. long.

[[Page 303]]

    (k) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]36.78[min] N. lat., 120[deg]54.41[min] W. long.;
    (2) 31[deg]44.65[min] N. lat., 120[deg]58.01[min] W. long.;
    (3) 31[deg]48.56[min] N. lat., 120[deg]43.25[min] W. long.;
    (4) 31[deg]41.76[min] N. lat., 120[deg]41.50[min] W. long.;
    and connecting back to 31[deg]36.78[min] N. lat., 120[deg]54.41[min] 
W. long.
    (l) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]45.66[min] N. lat., 123[deg]17.00[min] W. long.;
    (2) 31[deg]49.43[min] N. lat., 123[deg]19.89[min] W. long.;
    (3) 31[deg]54.54[min] N. lat., 123[deg]14.91[min] W. long.;
    (4) 31[deg]50.88[min] N. lat., 123[deg]13.17[min] W. long.;
    and connecting back to 31[deg]45.66[min] N. lat., 123[deg]17.00[min] 
W. long.
    (m) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]55.28[min] N. lat., 121[deg]02.98[min] W. long.;
    (2) 31[deg]58.25[min] N. lat., 121[deg]05.08[min] W. long.;
    (3) 31[deg]59.77[min] N. lat., 121[deg]00.37[min] W. long.;
    (4) 31[deg]57.88[min] N. lat., 120[deg]57.23[min] W. long.;
    and connecting back to 31[deg]55.28[min] N. lat., 121[deg]02.98[min] 
W. long.
    (n) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]06.04[min] N. lat., 121[deg]29.08[min] W. long.;
    (2) 31[deg]59.52[min] N. lat., 121[deg]23.10[min] W. long.;
    (3) 31[deg]54.55[min] N. lat., 121[deg]31.53[min] W. long.;
    (4) 32[deg]01.66[min] N. lat., 121[deg]38.38[min] W. long.;
    and connecting back to 32[deg]06.04[min] N. lat., 121[deg]29.08[min] 
W. long.
    (o) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]59.89[min] N. lat., 119[deg]54.82[min] W. long.;
    (2) 31[deg]59.69[min] N. lat., 120[deg]03.96[min] W. long.;
    (3) 32[deg]04.47[min] N. lat., 120[deg]00.09[min] W. long.;
    and connecting back to 31[deg]59.89[min] N. lat., 119[deg]54.82[min] 
W. long.
    (p) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 31[deg]59.49[min] N. lat., 121[deg]18.59[min] W. long.;
    (2) 32[deg]08.15[min] N. lat., 121[deg]22.16[min] W. long.;
    (3) 32[deg]12.16[min] N. lat., 121[deg]14.64[min] W. long.;
    (4) 32[deg]04.15[min] N. lat., 121[deg]08.61[min] W. long.;
    and connecting back to 31[deg]59.49[min] N. lat., 121[deg]18.59[min] 
W. long.
    (q) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]07.77[min] N. lat., 121[deg]46.26[min] W. long.;
    (2) 32[deg]05.89[min] N. lat., 121[deg]38.01[min] W. long.;
    (3) 31[deg]59.35[min] N. lat., 121[deg]52.10[min] W. long.;
    (4) 32[deg]08.86[min] N. lat., 121[deg]52.13[min] W. long.;
    (5) 32[deg]19.76[min] N. lat., 121[deg]43.70[min] W. long.;
    (6) 32[deg]14.85[min] N. lat., 121[deg]37.16[min] W. long.;
    and connecting back to 32[deg]07.77[min] N. lat., 121[deg]46.26[min] 
W. long.
    (r) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]17.08[min] N. lat., 121[deg]11.84[min] W. long.;
    (2) 32[deg]18.96[min] N. lat., 121[deg]14.15[min] W. long.;
    (3) 32[deg]23.03[min] N. lat., 121[deg]10.52[min] W. long.;
    (4) 32[deg]21.23[min] N. lat., 121[deg]08.53[min] W. long.;
    and connecting back to 32[deg]17.08[min] N. lat., 121[deg]11.84[min] 
W. long.
    (s) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]27.64[min] N. lat., 121[deg]27.83[min] W. long.;
    (2) 32[deg]15.43[min] N. lat., 121[deg]23.89[min] W. long.;
    (3) 32[deg]16.18[min] N. lat., 121[deg]30.67[min] W. long.;
    (4) 32[deg]25.80[min] N. lat., 121[deg]33.08[min] W. long.;
    and connecting back to 32[deg]27.64[min] N. lat., 121[deg]27.83[min] 
W. long.
    (t) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]28.05[min] N. lat., 122[deg]03.54[min] W. long.;
    (2) 32[deg]30.64[min] N. lat., 122[deg]06.11[min] W. long.;
    (3) 32[deg]35.90[min] N. lat., 121[deg]59.61[min] W. long.;
    (4) 32[deg]32.05[min] N. lat., 121[deg]54.66[min] W. long.;
    and connecting back to 32[deg]28.05[min] N. lat., 122[deg]03.54[min] 
W. long.
    (u) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]44.69[min] N. lat., 121[deg]39.99[min] W. long.;
    (2) 32[deg]43.72[min] N. lat., 121[deg]43.03[min] W. long.;
    (3) 32[deg]47.31[min] N. lat., 121[deg]43.91[min] W. long.;
    (4) 32[deg]48.21[min] N. lat., 121[deg]40.74[min] W. long.;
    and connecting back to 32[deg]44.69[min] N. lat., 121[deg]39.99[min] 
W. long.
    (v) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]48.07[min] N. lat., 121[deg]15.86[min] W. long.;
    (2) 32[deg]36.99[min] N. lat., 121[deg]20.21[min] W. long.;
    (3) 32[deg]25.33[min] N. lat., 121[deg]38.31[min] W. long.;
    (4) 32[deg]34.03[min] N. lat., 121[deg]44.05[min] W. long.;
    (5) 32[deg]43.19[min] N. lat., 121[deg]41.58[min] W. long.;
    and connecting back to 32[deg]48.07[min] N. lat., 121[deg]15.86[min] 
W. long.
    (w) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 32[deg]48.38[min] N. lat., 120[deg]47.95[min] W. long.;
    (2) 32[deg]47.49[min] N. lat., 120[deg]41.50[min] W. long.;
    (3) 32[deg]43.79[min] N. lat., 120[deg]42.01[min] W. long.;
    (4) 32[deg]44.01[min] N. lat., 120[deg]48.79[min] W. long.;
    and connecting back to 32[deg]48.38[min] N. lat., 120[deg]47.95[min] 
W. long.

[[Page 304]]

    (x) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]08.71[min] N. lat., 121[deg]41.24[min] W. long.;
    (2) 33[deg]00.10[min] N. lat., 121[deg]37.67[min] W. long.;
    (3) 33[deg]01.01[min] N. lat., 121[deg]45.93[min] W. long.;
    (4) 33[deg]07.71[min] N. lat., 121[deg]46.31[min] W. long.;
    and connecting back to 33[deg]08.71[min] N. lat., 121[deg]41.24[min] 
W. long.
    (y) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]19.30[min] N. lat., 121[deg]54.69[min] W. long.;
    (2) 33[deg]11.41[min] N. lat., 121[deg]47.26[min] W. long.;
    (3) 32[deg]56.93[min] N. lat., 121[deg]54.41[min] W. long.;
    (4) 33[deg]03.85[min] N. lat., 122[deg]03.52[min] W. long.;
    (5) 33[deg]17.73[min] N. lat., 122[deg]00.05[min] W. long.;
    and connecting back to 33[deg]19.30[min] N. lat., 121[deg]54.69[min] 
W. long.
    (z) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]23.67[min] N. lat., 123[deg]04.28[min] W. long.;
    (2) 33[deg]22.88[min] N. lat., 123[deg]04.93[min] W. long.;
    (3) 33[deg]23.66[min] N. lat., 123[deg]05.77[min] W. long.;
    (4) 33[deg]24.30[min] N. lat., 123[deg]04.90[min] W. long.;
    and connecting back to 33[deg]23.67[min] N. lat., 123[deg]04.28[min] 
W. long.
    (aa) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]26.06[min] N. lat., 121[deg]44.42[min] W. long.;
    (2) 33[deg]32.00[min] N. lat., 121[deg]41.61[min] W. long.;
    (3) 33[deg]28.80[min] N. lat., 121[deg]26.92[min] W. long.;
    (4) 33[deg]23.50[min] N. lat., 121[deg]26.92[min] W. long.;
    and connecting back to 33[deg]26.06[min] N. lat., 121[deg]44.42[min] 
W. long.
    (bb) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]38.22[min] N. lat., 123[deg]56.91[min] W. long.;
    (2) 33[deg]39.58[min] N. lat., 123[deg]58.56[min] W. long.;
    (3) 33[deg]41.37[min] N. lat., 123[deg]57.22[min] W. long.;
    (4) 33[deg]40.08[min] N. lat., 123[deg]55.14[min] W. long.;
    and connecting back to 33[deg]38.22[min] N. lat., 123[deg]56.91[min] 
W. long.
    (cc) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]46.86[min] N. lat., 121[deg]58.49[min] W. long.;
    (2) 33[deg]41.28[min] N. lat., 121[deg]52.80[min] W. long.;
    (3) 33[deg]36.95[min] N. lat., 121[deg]54.42[min] W. long.;
    (4) 33[deg]42.05[min] N. lat., 122[deg]07.48[min] W. long.;
    (5) 33[deg]47.07[min] N. lat., 122[deg]05.71[min] W. long.;
    and connecting back to 33[deg]46.86[min] N. lat., 121[deg]58.49[min] 
W. long.
    (dd) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 34[deg]17.70[min] N. lat., 124[deg]11.04[min] W. long.;
    (2) 34[deg]19.41[min] N. lat., 124[deg]14.12[min] W. long.;
    (3) 34[deg]21.61[min] N. lat., 124[deg]12.89[min] W. long.;
    (4) 34[deg]20.35[min] N. lat., 124[deg]09.11[min] W. long.;
    and connecting back to 34[deg]17.70[min] N. lat., 124[deg]11.04[min] 
W. long.
    (ee) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 34[deg]13.39[min] N. lat., 124[deg]03.18[min] W. long.;
    (2) 34[deg]19.45[min] N. lat., 124[deg]09.21[min] W. long.;
    (3) 34[deg]23.12[min] N. lat., 124[deg]05.49[min] W. long.;
    (4) 34[deg]17.93[min] N. lat., 123[deg]57.87[min] W. long.;
    and connecting back to 34[deg]13.39[min] N. lat., 124[deg]03.18[min] 
W. long.
    (ff) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated::
    (1) 35[deg]19.23[min] N. lat., 122[deg]39.91[min] W. long.;
    (2) 35[deg]08.76[min] N. lat., 122[deg]23.83[min] W. long.;
    (3) 35[deg]06.22[min] N. lat., 122[deg]28.09[min] W. long.;
    (4) 35[deg]15.81[min] N. lat., 122[deg]45.90[min] W. long.;
    and connecting back to 35[deg]19.23[min] N. lat., 122[deg]39.91[min] 
W. long.
    (gg) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 35[deg]25.81[min] N. lat., 123[deg]24.05[min] W. long.;
    (2) 35[deg]21.76[min] N. lat., 123[deg]23.47[min] W. long.;
    (3) 35[deg]21.05[min] N. lat., 123[deg]27.22[min] W. long.;
    (4) 35[deg]24.89[min] N. lat., 123[deg]28.49[min] W. long.;
    and connecting back to 35[deg]25.81[min] N. lat., 123[deg]24.05[min] 
W. long.
    (hh) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 35[deg]27.15[min] N. lat., 125[deg]03.69[min] W. long.;
    (2) 35[deg]28.68[min] N. lat., 125[deg]04.86[min] W. long.;
    (3) 35[deg]30.23[min] N. lat., 125[deg]02.59[min] W. long.;
    (4) 35[deg]28.85[min] N. lat., 125[deg]01.48[min] W. long.;
    and connecting back to 35[deg]27.15[min] N. lat., 125[deg]03.69[min] 
W. long.
    (ii) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 35[deg]31.14[min] N. lat., 123[deg]52.80[min] W. long.;
    (2) 35[deg]31.38[min] N. lat., 123[deg]54.83[min] W. long.;
    (3) 35[deg]32.98[min] N. lat., 123[deg]53.80[min] W. long.;
    and connecting back to 35[deg]31.14[min] N. lat., 123[deg]52.80[min] 
W. long.
    (jj) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 35[deg]24.08[min] N. lat., 123[deg]40.83[min] W. long.;
    (2) 35[deg]24.76[min] N. lat., 123[deg]45.92[min] W. long.;
    (3) 35[deg]33.04[min] N. lat., 123[deg]44.92[min] W. long.;
    (4) 35[deg]32.24[min] N. lat., 123[deg]39.16[min] W. long.;
    and connecting back to 35[deg]24.08[min] N. lat., 123[deg]40.83[min] 
W. long.

[[Page 305]]

    (kk) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 36[deg]08.72[min] N. lat., 124[deg]22.59[min] W. long.;
    (2) 36[deg]07.91[min] N. lat., 124[deg]22.48[min] W. long.;
    (3) 36[deg]07.90[min] N. lat., 124[deg]24.27[min] W. long.;
    (4) 36[deg]08.75[min] N. lat., 124[deg]24.10[min] W. long.;
    and connecting back to 36[deg]08.72[min] N. lat., 124[deg]22.59[min] 
W. long.
    (ll) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 36[deg]07.33[min] N. lat., 124[deg]18.83[min] W. long.;
    (2) 36[deg]08.21[min] N. lat., 124[deg]19.86[min] W. long.;
    (3) 36[deg]09.64[min] N. lat., 124[deg]18.70[min] W. long.;
    (4) 36[deg]08.62[min] N. lat., 124[deg]17.22[min] W. long.;
    and connecting back to 36[deg]07.33[min] N. lat., 124[deg]18.83[min] 
W. long.
    (mm) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated::
    (1) 36[deg]47.33[min] N. lat., 124[deg]10.21[min] W. long.;
    (2) 36[deg]50.85[min] N. lat., 124[deg]11.63[min] W. long.;
    (3) 36[deg]52.22[min] N. lat., 124[deg]08.65[min] W. long.;
    (4) 36[deg]49.93[min] N. lat., 124[deg]06.40[min] W. long.;
    and connecting back to 36[deg]47.33[min] N. lat., 124[deg]10.21[min] 
W. long.
    (nn) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 36[deg]56.03[min] N. lat., 123[deg]40.86[min] W. long.;
    (2) 36[deg]56.37[min] N. lat., 123[deg]40.86[min] W. long.;
    (3) 36[deg]56.42[min] N. lat., 123[deg]40.49[min] W. long.;
    (4) 36[deg]56.18[min] N. lat., 123[deg]40.37[min] W. long.;
    and connecting back to 36[deg]56.03[min] N. lat., 123[deg]40.86[min] 
W. long.
    (oo) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 36[deg]32.58[min] N. lat., 125[deg]01.80[min] W. long.;
    (2) 36[deg]50.38[min] N. lat., 125[deg]44.21[min] W. long.;
    (3) 37[deg]00.91[min] N. lat., 125[deg]40.06[min] W. long.;
    (4) 36[deg]41.26[min] N. lat., 124[deg]55.90[min] W. long.;
    and connecting back to 36[deg]32.58[min] N. lat., 125[deg]01.80[min] 
W. long.
    (pp) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 37[deg]45.73[min] N. lat., 124[deg]11.40[min] W. long.;
    (2) 37[deg]47.91[min] N. lat., 124[deg]14.01[min] W. long.;
    (3) 37[deg]50.99[min] N. lat., 124[deg]09.09[min] W. long.;
    (4) 37[deg]47.97[min] N. lat., 124[deg]07.00[min] W. long.;
    and connecting back to 37[deg]45.73[min] N. lat., 124[deg]11.40[min] 
W. long.
    (qq) This area of EFH is bounded by straight lines connecting all of 
the following points in the order stated:
    (1) 38[deg]08.53[min] N. lat., 124[deg]29.98[min] W. long.;
    (2) 38[deg]10.65[min] N. lat., 124[deg]32.69[min] W. long.;
    (3) 38[deg]12.81[min] N. lat., 124[deg]29.45[min] W. long.;
    (4) 38[deg]10.86[min] N. lat., 124[deg]26.66[min] W. long.;
    and connecting back to 38[deg]08.53[min] N. lat., 124[deg]29.98[min] 
W. long.

[71 FR 27416, May 11, 2006]



Sec. 660.396  EFH Conservation Areas.

    EFH Conservation Areas are designated to minimize to the extent 
practicable adverse effects to EFH caused by fishing(16 U.S.C. 1853 
section 303(a)(7)). The boundaries of areas designated as Groundfish EFH 
Conservation Areas are defined by straight lines connecting a series of 
latitude and longitude coordinates. This Sec. 660.396 provides 
coordinates outlining the boundaries of the coastwide EFH Conservation 
Area. Section 660.397 provides coordinates outlining the boundaries of 
EFH Conservation Areas that occur wholly off the coast of Washington. 
Section 660.398 provides coordinates outlining the boundaries of EFH 
Conservation Areas that occur wholly off the coast of Oregon. Section 
660.399 provides coordinates outlining the boundaries of EFH 
Conservation Areas that occur wholly off the coast of California. 
Fishing activity that is prohibited or permitted within the EEZ in a 
particular area designated as a groundfish EFH Conservation Area is 
detailed at Sec. 660.306 and Sec. 660.385.
    (a) Seaward of the 700-fm (1280-m) contour. This area includes all 
waters designated as EFH within the West Coast EEZ west of a line 
approximating the 700-fm (1280-m) depth contour which is defined by 
straight lines connecting all of the following points in the order 
stated:
    (1) 48[deg]06.97[min] N. lat., 126[deg]02.96[min] W. long.;
    (2) 48[deg]00.44[min] N. lat., 125[deg]54.96[min] W. long.;
    (3) 47[deg]55.96[min] N. lat., 125[deg]46.51[min] W. long.;
    (4) 47[deg]47.21[min] N. lat., 125[deg]43.73[min] W. long.;
    (5) 47[deg]42.89[min] N. lat., 125[deg]49.58[min] W. long.;
    (6) 47[deg]38.18[min] N. lat., 125[deg]37.26[min] W. long.;
    (7) 47[deg]32.36[min] N. lat., 125[deg]32.87[min] W. long.;
    (8) 47[deg]29.77[min] N. lat., 125[deg]26.27[min] W. long.;
    (9) 47[deg]28.54[min] N. lat., 125[deg]18.82[min] W. long.;
    (10) 47[deg]19.25[min] N. lat., 125[deg]17.18[min] W. long.;
    (11) 47[deg]08.82[min] N. lat., 125[deg]10.01[min] W. long.;
    (12) 47[deg]04.69[min] N. lat., 125[deg]03.77[min] W. long.;
    (13) 46[deg]48.38[min] N. lat., 125[deg]18.43[min] W. long.;
    (14) 46[deg]41.92[min] N. lat., 125[deg]17.29[min] W. long.;
    (15) 46[deg]27.49[min] N. lat., 124[deg]54.36[min] W. long.;
    (16) 46[deg]14.13[min] N. lat., 125[deg]02.72[min] W. long.;
    (17) 46[deg]09.53[min] N. lat., 125[deg]04.75[min] W. long.;

[[Page 306]]

    (18) 45[deg]46.64[min] N. lat., 124[deg]54.44[min] W. long.;
    (19) 45[deg]40.86[min] N. lat., 124[deg]55.62[min] W. long.;
    (20) 45[deg]36.50[min] N. lat., 124[deg]51.91[min] W. long.;
    (21) 44[deg]55.69[min] N. lat., 125[deg]08.35[min] W. long.;
    (22) 44[deg]49.93[min] N. lat., 125[deg]01.51[min] W. long.;
    (23) 44[deg]46.93[min] N. lat., 125[deg]02.83[min] W. long.;
    (24) 44[deg]41.96[min] N. lat., 125[deg]10.64[min] W. long.;
    (25) 44[deg]28.31[min] N. lat., 125[deg]11.42[min] W. long.;
    (26) 43[deg]58.37[min] N. lat., 125[deg]02.93[min] W. long.;
    (27) 43[deg]52.74[min] N. lat., 125[deg]05.58[min] W. long.;
    (28) 43[deg]44.18[min] N. lat., 124[deg]57.17[min] W. long.;
    (29) 43[deg]37.58[min] N. lat., 125[deg]07.70[min] W. long.;
    (30) 43[deg]15.95[min] N. lat., 125[deg]07.84[min] W. long.;
    (31) 42[deg]47.50[min] N. lat., 124[deg]59.96[min] W. long.;
    (32) 42[deg]39.02[min] N. lat., 125[deg]01.07[min] W. long.;
    (33) 42[deg]34.80[min] N. lat., 125[deg]02.89[min] W. long.;
    (34) 42[deg]34.11[min] N. lat., 124[deg]55.62[min] W. long.;
    (35) 42[deg]23.81[min] N. lat., 124[deg]52.85[min] W. long.;
    (36) 42[deg]16.80[min] N. lat., 125[deg]00.20[min] W. long.;
    (37) 42[deg]06.60[min] N. lat., 124[deg]59.14[min] W. long.;
    (38) 41[deg]59.28[min] N. lat., 125[deg]06.23[min] W. long.;
    (39) 41[deg]31.10[min] N. lat., 125[deg]01.30[min] W. long.;
    (40) 41[deg]14.52[min] N. lat., 124[deg]52.67[min] W. long.;
    (41) 40[deg]40.65[min] N. lat., 124[deg]45.69[min] W. long.;
    (42) 40[deg]35.05[min] N. lat., 124[deg]45.65[min] W. long.;
    (43) 40[deg]23.81[min] N. lat., 124[deg]41.16[min] W. long.;
    (44) 40[deg]20.54[min] N. lat., 124[deg]36.36[min] W. long.;
    (45) 40[deg]20.84[min] N. lat., 124[deg]57.23[min] W. long.;
    (46) 40[deg]18.54[min] N. lat., 125[deg]09.47[min] W. long.;
    (47) 40[deg]14.54[min] N. lat., 125[deg]09.83[min] W. long.;
    (48) 40[deg]11.79[min] N. lat., 125[deg]07.39[min] W. long.;
    (49) 40[deg]06.72[min] N. lat., 125[deg]04.28[min] W. long.;
    (50) 39[deg]50.77[min] N. lat., 124[deg]37.54[min] W. long.;
    (51) 39[deg]56.67[min] N. lat., 124[deg]26.58[min] W. long.;
    (52) 39[deg]44.25[min] N. lat., 124[deg]12.60[min] W. long.;
    (53) 39[deg]35.82[min] N. lat., 124[deg]12.02[min] W. long.;
    (54) 39[deg]24.54[min] N. lat., 124[deg]16.01[min] W. long.;
    (55) 39[deg]01.97[min] N. lat., 124[deg]11.20[min] W. long.;
    (56) 38[deg]33.48[min] N. lat., 123[deg]48.21[min] W. long.;
    (57) 38[deg]14.49[min] N. lat., 123[deg]38.89[min] W. long.;
    (58) 37[deg]56.97[min] N. lat., 123[deg]31.65[min] W. long.;
    (59) 37[deg]49.09[min] N. lat., 123[deg]27.98[min] W. long.;
    (60) 37[deg]40.29[min] N. lat., 123[deg]12.83[min] W. long.;
    (61) 37[deg]22.54[min] N. lat., 123[deg]14.65[min] W. long.;
    (62) 37[deg]05.98[min] N. lat., 123[deg]05.31[min] W. long.;
    (63) 36[deg]59.02[min] N. lat., 122[deg]50.92[min] W. long.;
    (64) 36[deg]50.32[min] N. lat., 122[deg]17.44[min] W. long.;
    (65) 36[deg]44.54[min] N. lat., 122[deg]19.42[min] W. long.;
    (66) 36[deg]40.76[min] N. lat., 122[deg]17.28[min] W. long.;
    (67) 36[deg]39.88[min] N. lat., 122[deg]09.69[min] W. long.;
    (68) 36[deg]44.52[min] N. lat., 122[deg]07.13[min] W. long.;
    (69) 36[deg]42.26[min] N. lat., 122[deg]03.54[min] W. long.;
    (70) 36[deg]30.02[min] N. lat., 122[deg]09.85[min] W. long.;
    (71) 36[deg]22.33[min] N. lat., 122[deg]22.99[min] W. long.;
    (72) 36[deg]14.36[min] N. lat., 122[deg]21.19[min] W. long.;
    (73) 36[deg]09.50[min] N. lat., 122[deg]14.25[min] W. long.;
    (74) 35[deg]51.50[min] N. lat., 121[deg]55.92[min] W. long.;
    (75) 35[deg]49.53[min] N. lat., 122[deg]13.00[min] W. long.;
    (76) 34[deg]58.30[min] N. lat., 121[deg]36.76[min] W. long.;
    (77) 34[deg]53.13[min] N. lat., 121[deg]37.49[min] W. long.;
    (78) 34[deg]46.54[min] N. lat., 121[deg]46.25[min] W. long.;
    (79) 34[deg]37.81[min] N. lat., 121[deg]35.72[min] W. long.;
    (80) 34[deg]37.72[min] N. lat., 121[deg]27.35[min] W. long.;
    (81) 34[deg]26.77[min] N. lat., 121[deg]07.58[min] W. long.;
    (82) 34[deg]18.54[min] N. lat., 121[deg]05.01[min] W. long.;
    (83) 34[deg]02.68[min] N. lat., 120[deg]54.30[min] W. long.;
    (84) 33[deg]48.11[min] N. lat., 120[deg]25.46[min] W. long.;
    (85) 33[deg]42.54[min] N. lat., 120[deg]38.24[min] W. long.;
    (86) 33[deg]46.26[min] N. lat., 120[deg]43.64[min] W. long.;
    (87) 33[deg]40.71[min] N. lat., 120[deg]51.29[min] W. long.;
    (88) 33[deg]33.14[min] N. lat., 120[deg]40.25[min] W. long.;
    (89) 32[deg]51.57[min] N. lat., 120[deg]23.35[min] W. long.;
    (90) 32[deg]38.54[min] N. lat., 120[deg]09.54[min] W. long.;
    (91) 32[deg]35.76[min] N. lat., 119[deg]53.43[min] W. long.;
    (92) 32[deg]29.54[min] N. lat., 119[deg]46.00[min] W. long.;
    (93) 32[deg]25.99[min] N. lat., 119[deg]41.16[min] W. long.;
    (94) 32[deg]30.46[min] N. lat., 119[deg]33.15[min] W. long.;
    (95) 32[deg]23.47[min] N. lat., 119[deg]25.71[min] W. long.;
    (96) 32[deg]19.19[min] N. lat., 119[deg]13.96[min] W. long.;
    (97) 32[deg]13.18[min] N. lat., 119[deg]04.44[min] W. long.;
    (98) 32[deg]13.40[min] N. lat., 118[deg]51.87[min] W. long.;
    (99) 32[deg]19.62[min] N. lat., 118[deg]47.80[min] W. long.;
    (100) 32[deg]27.26[min] N. lat., 118[deg]50.29[min] W. long.;
    (101) 32[deg]28.42[min] N. lat., 118[deg]53.15[min] W. long.;
    (102) 32[deg]31.30[min] N. lat., 118[deg]55.09[min] W. long.;
    (103) 32[deg]33.04[min] N. lat., 118[deg]53.57[min] W. long.;
    (104) 32[deg]19.07[min] N. lat., 118[deg]27.54[min] W. long.;
    (105) 32[deg]18.57[min] N. lat., 118[deg]18.97[min] W. long.;
    (106) 32[deg]09.01[min] N. lat., 118[deg]13.96[min] W. long.;
    (107) 32[deg]06.57[min] N. lat., 118[deg]18.78[min] W. long.;
    (108) 32[deg]01.32[min] N. lat., 118[deg]18.21[min] W. long.; and
    (109) 31[deg]57.82[min] N. lat., 118[deg]10.34[min] W. long.
    (b) [Reserved]

[71 FR 27419, May 11, 2006]



Sec. 660.397  EFH Conservation Areas off the Coast of Washington.

    Boundary line coordinates for EFH Conservation Areas off Washington 
are provided in this Sec. 660.397. Fishing activity that is prohibited 
or permitted within the EEZ in a particular area designated as a 
groundfish EFH Conservation Area is detailed at Sec. 660.306 and Sec. 
660.385.
    (a) Olympic 2. The boundary of the Olympic 2 EFH Conservation Area 
is defined by straight lines connecting all

[[Page 307]]

of the following points in the order stated:
    (1) 48[deg]21.46[min] N. lat., 124[deg]51.61[min] W. long.;
    (2) 48[deg]17.00[min] N. lat., 124[deg]57.18[min] W. long.;
    (3) 48[deg]06.13[min] N. lat., 125[deg]00.68[min] W. long.;
    (4) 48[deg]06.66[min] N. lat., 125[deg]06.55[min] W. long.;
    (5) 48[deg]08.44[min] N. lat., 125[deg]14.61[min] W. long.;
    (6) 48[deg]22.57[min] N. lat., 125[deg]09.82[min] W. long.;
    (7) 48[deg]21.42[min] N. lat., 125[deg]03.55[min] W. long.;
    (8) 48[deg]22.99[min] N. lat., 124[deg]59.29[min] W. long.;
    (9) 48[deg]23.89[min] N. lat., 124[deg]54.37[min] W. long.;
    and connecting back to 48[deg]21.46[min] N. lat., 124[deg]51.61[min] 
W. long.
    (b) Biogenic 1. The boundary of the Biogenic 1 EFH Conservation Area 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 47[deg]29.97[min] N. lat., 125[deg]20.14[min] W. long.;
    (2) 47[deg]30.01[min] N. lat., 125[deg]30.06[min] W. long.;
    (3) 47[deg]40.09[min] N. lat., 125[deg]50.18[min] W. long.;
    (4) 47[deg]47.27[min] N. lat., 125[deg]50.06[min] W. long.;
    (5) 47[deg]47.00[min] N. lat., 125[deg]24.28[min] W. long.;
    (6) 47[deg]39.53[min] N. lat., 125[deg]10.49[min] W. long.;
    (7) 47[deg]30.31[min] N. lat., 125[deg]08.81[min] W. long.;
    and connecting back to 47[deg]29.97[min] N. lat., 125[deg]20.14[min] 
W. long.
    (c) Biogenic 2. The boundary of the Biogenic 2 EFH Conservation Area 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 47[deg]08.77[min] N. lat., 125[deg]00.91[min] W. long.;
    (2) 47[deg]08.82[min] N. lat., 125[deg]10.01[min] W. long.;
    (3) 47[deg]20.01[min] N. lat., 125[deg]10.00[min] W. long.;
    (4) 47[deg]20.00[min] N. lat., 125[deg]01.25[min] W. long.;
    and connecting back to 47[deg]08.77[min] N. lat., 125[deg]00.91[min] 
W. long.
    (d) Grays Canyon. The boundary of the Grays Canyon EFH Conservation 
Area is defined by straight lines connecting all of the following points 
in the order stated:
    (1) 46[deg]51.55[min] N. lat., 125[deg]00.00[min] W. long.;
    (2) 46[deg]56.79[min] N. lat., 125[deg]00.00[min] W. long.;
    (3) 46[deg]58.01[min] N. lat., 124[deg]55.09[min] W. long.;
    (4) 46[deg]55.07[min] N. lat., 124[deg]54.14[min] W. long.;
    (5) 46[deg]59.60[min] N. lat., 124[deg]49.79[min] W. long.;
    (6) 46[deg]58.72[min] N. lat., 124[deg]48.78[min] W. long.;
    (7) 46[deg]54.45[min] N. lat., 124[deg]48.36[min] W. long.;
    (8) 46[deg]53.99[min] N. lat., 124[deg]49.95[min] W. long.;
    (9) 46[deg]54.38[min] N. lat., 124[deg]52.73[min] W. long.;
    (10) 46[deg]52.38[min] N. lat., 124[deg]52.02[min] W. long.;
    (11) 46[deg]48.93[min] N. lat., 124[deg]49.17[min] W. long.;
    and connecting back to 46[deg]51.55[min] N. lat., 125[deg]00.00[min] 
W. long.
    (e) Biogenic 3. The boundary of the Biogenic 3 EFH Conservation Area 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 46[deg]48.16[min] N. lat., 125[deg]10.75[min] W. long.;
    (2) 46[deg]40.00[min] N. lat., 125[deg]10.00[min] W. long.;
    (3) 46[deg]40.00[min] N. lat., 125[deg]20.01[min] W. long.;
    (4) 46[deg]50.00[min] N. lat., 125[deg]20.00[min] W. long.;
    and connecting back to 46[deg]48.16[min] N. lat., 125[deg]10.75[min] 
W. long.

[71 FR 27420, May 11, 2006]



Sec. 660.398  EFH Conservation Areas off the Coast of Oregon.

    Boundary line coordinates for EFH Conservation Areas off Oregon are 
provided in this Sec. 660.398. Fishing activity that is prohibited or 
permitted within the EEZ in a particular area designated as a groundfish 
EFH Conservation Area is detailed at Sec. 660.306 and Sec. 660.385.
    (a) Thompson Seamount. The boundary of the Thompson Seamount EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 46[deg]06.93[min] N. lat., 128[deg]39.77[min] W. long.;
    (2) 46[deg]06.76[min] N. lat., 128[deg]39.60[min] W. long.;
    (3) 46[deg]07.80[min] N. lat., 128[deg]39.43[min] W. long.;
    (4) 46[deg]08.50[min] N. lat., 128[deg]34.39[min] W. long.;
    (5) 46[deg]06.76[min] N. lat., 128[deg]29.36[min] W. long.;
    (6) 46[deg]03.64[min] N. lat., 128[deg]28.67[min] W. long.;
    (7) 45[deg]59.64[min] N. lat., 128[deg]31.62[min] W. long.;
    (8) 45[deg]56.87[min] N. lat., 128[deg]33.18[min] W. long.;
    (9) 45[deg]53.92[min] N. lat., 128[deg]39.25[min] W. long.;
    (10) 45[deg]54.26[min] N. lat., 128[deg]43.42[min] W. long.;
    (11) 45[deg]56.87[min] N. lat., 128[deg]45.85[min] W. long.;
    (12) 46[deg]00.86[min] N. lat., 128[deg]46.02[min] W. long.;
    (13) 46[deg]03.29[min] N. lat., 128[deg]44.81[min] W. long.;
    (14) 46[deg]06.24[min] N. lat., 128[deg]42.90[min] W. long.;
    and connecting back to 46[deg]06.93[min] N. lat., 128[deg]39.77[min] 
W. long.
    (b) Astoria Canyon. The boundary of the Astoria Canyon EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 46[deg]06.48[min] N. lat., 125[deg]05.46[min] W. long.;
    (2) 46[deg]03.00[min] N. lat., 124[deg]57.36[min] W. long.;
    (3) 46[deg]02.28[min] N. lat., 124[deg]57.66[min] W. long.;
    (4) 46[deg]01.92[min] N. lat., 125[deg]02.46[min] W. long.;
    (5) 45[deg]48.72[min] N. lat., 124[deg]56.58[min] W. long.;
    (6) 45[deg]47.70[min] N. lat., 124[deg]52.20[min] W. long.;
    (7) 45[deg]40.86[min] N. lat., 124[deg]55.62[min] W. long.;
    (8) 45[deg]29.82[min] N. lat., 124[deg]54.30[min] W. long.;
    (9) 45[deg]25.98[min] N. lat., 124[deg]56.82[min] W. long.;
    (10) 45[deg]26.04[min] N. lat., 125[deg]10.50[min] W. long.;
    (11) 45[deg]33.12[min] N. lat., 125[deg]16.26[min] W. long.;
    (12) 45[deg]40.32[min] N. lat., 125[deg]17.16[min] W. long.;
    (13) 46[deg]03.00[min] N. lat., 125[deg]14.94[min] W. long.;

[[Page 308]]

    and connecting back to 46[deg]06.48[min] N. lat., 125[deg]05.46[min] 
W. long.
    (c) Nehalem Bank/Shale Pile. The boundary of the Nehalem Bank/Shale 
Pile EFH Conservation Area is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 46[deg]00.60[min] N. lat., 124[deg]33.94[min] W. long.;
    (2) 45[deg]55.63[min] N. lat., 124[deg]30.52[min] W. long.;
    (3) 45[deg]47.95[min] N. lat., 124[deg]31.70[min] W. long.;
    (4) 45[deg]52.75[min] N. lat., 124[deg]39.20[min] W. long.;
    (5) 45[deg]58.02[min] N. lat., 124[deg]38.99[min] W. long.;
    (6) 46[deg]00.83[min] N. lat., 124[deg]36.78[min] W. long.;
    and connecting back to 46[deg]00.60[min] N. lat., 124[deg]33.94[min] 
W. long.
    (d) Siletz Deepwater. The boundary of the Siletz Deepwater EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 44[deg]42.72[min] N. lat., 125[deg]18.49[min] W. long.;
    (2) 44[deg]56.26[min] N. lat., 125[deg]12.61[min] W. long.;
    (3) 44[deg]56.34[min] N. lat., 125[deg]09.13[min] W. long.;
    (4) 44[deg]49.93[min] N. lat., 125[deg]01.51[min] W. long.;
    (5) 44[deg]46.93[min] N. lat., 125[deg]02.83[min] W. long.;
    (6) 44[deg]41.96[min] N. lat., 125[deg]10.64[min] W. long.;
    (7) 44[deg]33.36[min] N. lat., 125[deg]08.82[min] W. long.;
    (8) 44[deg]33.38[min] N. lat., 125[deg]17.08[min] W. long.;
    and connecting back to 44[deg]42.72[min] N. lat., 125[deg]18.49[min] 
W. long.
    (e) Daisy Bank/Nelson Island. The boundary of the Daisy Bank/Nelson 
Island EFH Conservation Area is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 44[deg]39.73[min] N. lat., 124[deg]41.43[min] W. long.;
    (2) 44[deg]39.60[min] N. lat., 124[deg]41.29[min] W. long.;
    (3) 44[deg]37.17[min] N. lat., 124[deg]38.60[min] W. long.;
    (4) 44[deg]35.55[min] N. lat., 124[deg]39.27[min] W. long.;
    (5) 44[deg]37.57[min] N. lat., 124[deg]41.70[min] W. long.;
    (6) 44[deg]36.90[min] N. lat., 124[deg]42.91[min] W. long.;
    (7) 44[deg]38.25[min] N. lat., 124[deg]46.28[min] W. long.;
    (8) 44[deg]38.52[min] N. lat., 124[deg]49.11[min] W. long.;
    (9) 44[deg]40.27[min] N. lat., 124[deg]49.11[min] W. long.;
    (10) 44[deg]41.35[min] N. lat., 124[deg]48.03[min] W. long.;
    and connecting back to 44[deg]39.73[min] N. lat., 124[deg]41.43[min] 
W. long.
    (f) Newport Rockpile/Stonewall Bank. The boundary of the Newport 
Rockpile/Stonewall Bank EFH Conservation Area is defined by straight 
lines connecting all of the following points in the order stated:
    (1) 44[deg]27.61[min] N. lat., 124[deg]26.93[min] W. long.;
    (2) 44[deg]34.64[min] N. lat., 124[deg]26.82[min] W. long.;
    (3) 44[deg]38.15[min] N. lat., 124[deg]25.15[min] W. long.;
    (4) 44[deg]37.78[min] N. lat., 124[deg]23.05[min] W. long.;
    (5) 44[deg]28.82[min] N. lat., 124[deg]18.80[min] W. long.;
    (6) 44[deg]25.16[min] N. lat., 124[deg]20.69[min] W. long.;
    and connecting back to 44[deg]27.61[min] N. lat., 124[deg]26.93[min] 
W. long.
    (g) Heceta Bank. The boundary of the Heceta Bank EFH Conservation 
Area is defined by straight lines connecting all of the following points 
in the order stated:
    (1) 43[deg]57.68[min] N. lat., 124[deg]55.48[min] W. long.;
    (2) 44[deg]00.14[min] N. lat., 124[deg]55.25[min] W. long.;
    (3) 44[deg]02.88[min] N. lat., 124[deg]53.96[min] W. long.;
    (4) 44[deg]13.47[min] N. lat., 124[deg]54.08[min] W. long.;
    (5) 44[deg]20.30[min] N. lat., 124[deg]38.72[min] W. long.;
    (6) 44[deg]13.52[min] N. lat., 124[deg]40.45[min] W. long.;
    (7) 44[deg]09.00[min] N. lat., 124[deg]45.30[min] W. long.;
    (8) 44[deg]03.46[min] N. lat., 124[deg]45.71[min] W. long.;
    (9) 44[deg]03.26[min] N. lat., 124[deg]49.42[min] W. long.;
    (10) 43[deg]58.61[min] N. lat., 124[deg]49.87[min] W. long.;
    and connecting back to 43[deg]57.68[min] N. lat., 124[deg]55.48[min] 
W. long.
    (h) Deepwater off Coos Bay. The boundary of the Deepwater off Coos 
Bay EFH Conservation Area is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 43[deg]29.32[min] N. lat., 125[deg]20.11[min] W. long.;
    (2) 43[deg]38.96[min] N. lat., 125[deg]18.75[min] W. long.;
    (3) 43[deg]37.88[min] N. lat., 125[deg]08.26[min] W. long.;
    (4) 43[deg]36.58[min] N. lat., 125[deg]06.56[min] W. long.;
    (5) 43[deg]33.04[min] N. lat., 125[deg]08.41[min] W. long.;
    (6) 43[deg]27.74[min] N. lat., 125[deg]07.25[min] W. long.;
    (7) 43[deg]15.95[min] N. lat., 125[deg]07.84[min] W. long.;
    (8) 43[deg]15.38[min] N. lat., 125[deg]10.47[min] W. long.;
    (9) 43[deg]25.73[min] N. lat., 125[deg]19.36[min] W. long.;
    and connecting back to 43[deg]29.32[min] N. lat., 125[deg]20.11[min] 
W. long.
    (i) Bandon High Spot. The boundary of the Bandon High Spot EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 43[deg]08.83[min] N. lat., 124[deg]50.93[min] W. long.;
    (2) 43[deg]08.77[min] N. lat., 124[deg]49.82[min] W. long.;
    (3) 43[deg]05.16[min] N. lat., 124[deg]49.05[min] W. long.;
    (4) 43[deg]02.94[min] N. lat., 124[deg]46.87[min] W. long.;
    (5) 42[deg]57.18[min] N. lat., 124[deg]46.01[min] W. long.;
    (6) 42[deg]56.10[min] N. lat., 124[deg]47.48[min] W. long.;
    (7) 42[deg]56.66[min] N. lat., 124[deg]48.79[min] W. long.;
    (8) 42[deg]52.89[min] N. lat., 124[deg]52.59[min] W. long.;
    (9) 42[deg]53.82[min] N. lat., 124[deg]55.76[min] W. long.;
    (10) 42[deg]57.56[min] N. lat., 124[deg]54.10[min] W. long.;
    (11) 42[deg]58.00[min] N. lat., 124[deg]52.99[min] W. long.;
    (12) 43[deg]00.39[min] N. lat., 124[deg]51.77[min] W. long.;
    (13) 43[deg]02.64[min] N. lat., 124[deg]52.01[min] W. long.;
    (14) 43[deg]04.60[min] N. lat., 124[deg]53.01[min] W. long.;
    (15) 43[deg]05.89[min] N. lat., 124[deg]51.60[min] W. long.;
    and connecting back to 43[deg]08.83[min] N. lat., 124[deg]50.93[min] 
W. long.
    (j) President Jackson Seamount. The boundary of the President 
Jackson

[[Page 309]]

Seamount EFH Conservation Area is defined by straight lines connecting 
all of the following points in the order stated:
    (1) 42[deg]21.41[min] N. lat., 127[deg]42.91[min] W. long.;
    (2) 42[deg]21.96[min] N. lat., 127[deg]43.73[min] W. long.;
    (3) 42[deg]23.78[min] N. lat., 127[deg]46.09[min] W. long.;
    (4) 42[deg]26.05[min] N. lat., 127[deg]48.64[min] W. long.;
    (5) 42[deg]28.60[min] N. lat., 127[deg]52.10[min] W. long.;
    (6) 42[deg]31.06[min] N. lat., 127[deg]55.02[min] W. long.;
    (7) 42[deg]34.61[min] N. lat., 127[deg]58.84[min] W. long.;
    (8) 42[deg]37.34[min] N. lat., 128[deg]01.48[min] W. long.;
    (9) 42[deg]39.62[min] N. lat., 128[deg]05.12[min] W. long.;
    (10) 42[deg]41.81[min] N. lat., 128[deg]08.13[min] W. long.;
    (11) 42[deg]43.44[min] N. lat., 128[deg]10.04[min] W. long.;
    (12) 42[deg]44.99[min] N. lat., 128[deg]12.04[min] W. long.;
    (13) 42[deg]48.27[min] N. lat., 128[deg]15.05[min] W. long.;
    (14) 42[deg]51.28[min] N. lat., 128[deg]15.05[min] W. long.;
    (15) 42[deg]53.64[min] N. lat., 128[deg]12.23[min] W. long.;
    (16) 42[deg]52.64[min] N. lat., 128[deg]08.49[min] W. long.;
    (17) 42[deg]51.64[min] N. lat., 128[deg]06.94[min] W. long.;
    (18) 42[deg]50.27[min] N. lat., 128[deg]05.76[min] W. long.;
    (19) 42[deg]48.18[min] N. lat., 128[deg]03.76[min] W. long.;
    (20) 42[deg]45.45[min] N. lat., 128[deg]01.94[min] W. long.;
    (21) 42[deg]42.17[min] N. lat., 127[deg]57.57[min] W. long.;
    (22) 42[deg]41.17[min] N. lat., 127[deg]53.92[min] W. long.;
    (23) 42[deg]38.80[min] N. lat., 127[deg]49.92[min] W. long.;
    (24) 42[deg]36.43[min] N. lat., 127[deg]44.82[min] W. long.;
    (25) 42[deg]33.52[min] N. lat., 127[deg]41.36[min] W. long.;
    (26) 42[deg]31.24[min] N. lat., 127[deg]39.63[min] W. long.;
    (27) 42[deg]28.33[min] N. lat., 127[deg]36.53[min] W. long.;
    (28) 42[deg]23.96[min] N. lat., 127[deg]35.89[min] W. long.;
    (29) 42[deg]21.96[min] N. lat., 127[deg]37.72[min] W. long.;
    (30) 42[deg]21.05[min] N. lat., 127[deg]40.81[min] W. long.;
    and connecting back to 42[deg]21.41[min] N. lat., 127[deg]42.91[min] 
W. long.
    (k) Rogue Canyon. The boundary of the Rogue Canyon EFH Conservation 
Area is defined by straight lines connecting all of the following points 
in the order stated:
    (1) 42[deg]41.33[min] N. lat., 125[deg]16.61[min] W. long.;
    (2) 42[deg]41.55[min] N. lat., 125[deg]03.05[min] W. long.;
    (3) 42[deg]35.29[min] N. lat., 125[deg]02.21[min] W. long.;
    (4) 42[deg]34.11[min] N. lat., 124[deg]55.62[min] W. long.;
    (5) 42[deg]30.61[min] N. lat., 124[deg]54.97[min] W. long.;
    (6) 42[deg]23.81[min] N. lat., 124[deg]52.85[min] W. long.;
    (7) 42[deg]17.94[min] N. lat., 125[deg]10.17[min] W. long.;
    and connecting back to 42[deg]41.33[min] N. lat., 125[deg]16.61[min] 
W. long.

[71 FR 27421, May 11, 2006]



Sec. 660.399  EFH Conservation Areas off the Coast of California.

    Boundary line coordinates for EFH Conservation Areas off California 
are provided in this Sec. 660.399. Fishing activity that is prohibited 
or permitted within the EEZ in a particular area designated as a 
groundfish EFH Conservation Area is detailed at Sec. 660.306 and Sec. 
660.385.
    (a) Eel River Canyon. The boundary of the Eel River Canyon EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 40[deg]38.27[min] N. lat., 124[deg]27.16[min] W. long.;
    (2) 40[deg]35.60[min] N. lat., 124[deg]28.75[min] W. long.;
    (3) 40[deg]37.52[min] N. lat., 124[deg]33.41[min] W. long.;
    (4) 40[deg]37.47[min] N. lat., 124[deg]40.46[min] W. long.;
    (5) 40[deg]35.47[min] N. lat., 124[deg]42.97[min] W. long.;
    (6) 40[deg]32.78[min] N. lat., 124[deg]44.79[min] W. long.;
    (7) 40[deg]24.32[min] N. lat., 124[deg]39.97[min] W. long.;
    (8) 40[deg]23.26[min] N. lat., 124[deg]42.45[min] W. long.;
    (9) 40[deg]27.34[min] N. lat., 124[deg]51.21[min] W. long.;
    (10) 40[deg]32.68[min] N. lat., 125[deg]05.63[min] W. long.;
    (11) 40[deg]49.12[min] N. lat., 124[deg]47.41[min] W. long.;
    (12) 40[deg]44.32[min] N. lat., 124[deg]46.48[min] W. long.;
    (13) 40[deg]40.75[min] N. lat., 124[deg]47.51[min] W. long.;
    (14) 40[deg]40.65[min] N. lat., 124[deg]46.02[min] W. long.;
    (15) 40[deg]39.69[min] N. lat., 124[deg]33.36[min] W. long.;
    and connecting back to 40[deg]38.27[min] N. lat., 124[deg]27.16[min] 
W. long.
    (b) Blunts Reef. The boundary of the Blunts Reef EFH Conservation 
Area is defined by straight lines connecting all of the following points 
in the order stated:
    (1) 40[deg]27.53[min] N. lat., 124[deg]26.84[min] W. long.;
    (2) 40[deg]24.66[min] N. lat., 124[deg]29.49[min] W. long.;
    (3) 40[deg]28.50[min] N. lat., 124[deg]32.42[min] W. long.;
    (4) 40[deg]30.46[min] N. lat., 124[deg]32.23[min] W. long.;
    (5) 40[deg]30.21[min] N. lat., 124[deg]26.85[min] W. long.;
    and connecting back to 40[deg]27.53[min] N. lat., 124[deg]26.84[min] 
W. long.
    (c) Mendocino Ridge. The boundary of the Mendocino Ridge EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 40[deg]25.23[min] N. lat., 124[deg]24.06[min] W. long.;
    (2) 40[deg]12.50[min] N. lat., 124[deg]22.59[min] W. long.;
    (3) 40[deg]14.40[min] N. lat., 124[deg]35.82[min] W. long.;
    (4) 40[deg]16.16[min] N. lat., 124[deg]39.01[min] W. long.;
    (5) 40[deg]17.47[min] N. lat., 124[deg]40.77[min] W. long.;
    (6) 40[deg]19.26[min] N. lat., 124[deg]47.97[min] W. long.;
    (7) 40[deg]19.98[min] N. lat., 124[deg]52.73[min] W. long.;
    (8) 40[deg]20.06[min] N. lat., 125[deg]02.18[min] W. long.;
    (9) 40[deg]11.79[min] N. lat., 125[deg]07.39[min] W. long.;
    (10) 40[deg]12.55[min] N. lat., 125[deg]11.56[min] W. long.;
    (11) 40[deg]12.81[min] N. lat., 125[deg]12.98[min] W. long.;
    (12) 40[deg]20.72[min] N. lat., 125[deg]57.31[min] W. long.;
    (13) 40[deg]23.96[min] N. lat., 125[deg]56.83[min] W. long.;
    (14) 40[deg]24.04[min] N. lat., 125[deg]56.82[min] W. long.;
    (15) 40[deg]25.68[min] N. lat., 125[deg]09.77[min] W. long.;
    (16) 40[deg]21.03[min] N. lat., 124[deg]33.96[min] W. long.;
    (17) 40[deg]25.72[min] N. lat., 124[deg]24.15[min] W. long.;

[[Page 310]]

    and connecting back to 40[deg]25.23[min] N. lat., 124[deg]24.06[min] 
W. long.
    (d) Delgada Canyon. The boundary of the Delgada Canyon EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 40[deg]07.13[min] N. lat., 124[deg]09.09[min] W. long.;
    (2) 40[deg]06.58[min] N. lat., 124[deg]07.39[min] W. long.;
    (3) 40[deg]01.18[min] N. lat., 124[deg]08.84[min] W. long.;
    (4) 40[deg]02.48[min] N. lat., 124[deg]12.93[min] W. long.;
    (5) 40[deg]05.71[min] N. lat., 124[deg]09.42[min] W. long.;
    (6) 40[deg]07.18[min] N. lat., 124[deg]09.61[min] W. long.;
    and connecting back to 40[deg]07.13[min] N. lat., 124[deg]09.09[min] 
W. long.
    (e) Tolo Bank. The boundary of the Tolo Bank EFH Conservation Area 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 39[deg]58.75[min] N. lat., 124[deg]04.58[min] W. long.;
    (2) 39[deg]56.05[min] N. lat., 124[deg]01.45[min] W. long.;
    (3) 39[deg]53.99[min] N. lat., 124[deg]00.17[min] W. long.;
    (4) 39[deg]52.28[min] N. lat., 124[deg]03.12[min] W. long.;
    (5) 39[deg]57.90[min] N. lat., 124[deg]07.07[min] W. long.;
    and connecting back to 39[deg]58.75[min] N. lat., 124[deg]04.58[min] 
W. long.
    (f) Point Arena North. The boundary of the Point Arena North EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 39[deg]03.32[min] N. lat., 123[deg]51.15[min] W. long.;
    (2) 38[deg]56.54[min] N. lat., 123[deg]49.79[min] W. long.;
    (3) 38[deg]54.12[min] N. lat., 123[deg]52.69[min] W. long.;
    (4) 38[deg]59.64[min] N. lat., 123[deg]55.02[min] W. long.;
    (5) 39[deg]02.83[min] N. lat., 123[deg]55.21[min] W. long.;
    and connecting back to 39[deg]03.32[min] N. lat., 123[deg]51.15[min] 
W. long.
    (g) Point Arena South Biogenic Area. The boundary of the Point Arena 
South Biogenic Area EFH Conservation Area is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 38[deg]35.49[min] N. lat., 123[deg]34.79[min] W. long.;
    (2) 38[deg]32.86[min] N. lat., 123[deg]41.09[min] W. long.;
    (3) 38[deg]34.92[min] N. lat., 123[deg]42.53[min] W. long.;
    (4) 38[deg]35.74[min] N. lat., 123[deg]43.82[min] W. long.;
    (5) 38[deg]47.28[min] N. lat., 123[deg]51.19[min] W. long.;
    (6) 38[deg]49.50[min] N. lat., 123[deg]45.83[min] W. long.;
    (7) 38[deg]41.22[min] N. lat., 123[deg]41.76[min] W. long.;
    and connecting back to 38[deg]35.49[min] N. lat., 123[deg]34.79[min] 
W. long.
    (h) Cordell Bank/Biogenic Area. The boundary of the Cordell Bank/
Biogenic Area EFH Conservation Area is located offshore of 
California[min]s Marin County defined by straight lines connecting all 
of the following points in the order stated:
    (1) 38[deg]04.05[min] N. lat., 123[deg]07.28[min] W. long.;
    (2) 38[deg]02.84[min] N. lat., 123[deg]07.36[min] W. long.;
    (3) 38[deg]01.09[min] N. lat., 123[deg]07.06[min] W. long.;
    (4) 38[deg]01.02[min] N. lat., 123[deg]22.08[min] W. long.;
    (5) 37[deg]54.75[min] N. lat., 123[deg]23.64[min] W. long.;
    (6) 37[deg]46.01[min] N. lat., 123[deg]25.62[min] W. long.;
    (7) 37[deg]46.68[min] N. lat., 123[deg]27.05[min] W. long.;
    (8) 37[deg]47.66[min] N. lat., 123[deg]28.18[min] W. long.;
    (9) 37[deg]50.26[min] N. lat., 123[deg]30.94[min] W. long.;
    (10) 37[deg]54.41[min] N. lat., 123[deg]32.69[min] W. long.;
    (11) 37[deg]56.94[min] N. lat., 123[deg]32.87[min] W. long.;
    (12) 37[deg]57.12[min] N. lat., 123[deg]25.04[min] W. long.;
    (13) 37[deg]59.43[min] N. lat., 123[deg]27.29[min] W. long.;
    (14) 38[deg]00.82[min] N. lat., 123[deg]29.61[min] W. long.;
    (15) 38[deg]02.31[min] N. lat., 123[deg]30.88[min] W. long.;
    (16) 38[deg]03.99[min] N. lat., 123[deg]30.75[min] W. long.;
    (17) 38[deg]04.85[min] N. lat., 123[deg]30.36[min] W. long.;
    (18) 38[deg]04.88[min] N. lat., 123[deg]27.85[min] W. long.;
    (19) 38[deg]04.44[min] N. lat., 123[deg]24.44[min] W. long.;
    (20) 38[deg]03.05[min] N. lat., 123[deg]21.33[min] W. long.;
    (21) 38[deg]05.77[min] N. lat., 123[deg]06.83[min] W. long.;
    and connecting back to 38[deg]04.05[min] N. lat., 123[deg]07.28[min] 
W. long.
    (i) Cordell Bank (50-fm (91-m) isobath). The boundary of the Cordell 
Bank (50-fm (91-m) isobath) EFH Conservation Area is located offshore of 
California[min]s Marin County defined by straight lines connecting all 
of the following points in the order stated:
    (1) 37[deg]57.62[min] N. lat., 123[deg]24.22[min] W. long.;
    (2) 37[deg]57.70[min] N. lat., 123[deg]25.25[min] W. long.;
    (3) 37[deg]59.47[min] N. lat., 123[deg]26.63[min] W. long.;
    (4) 38[deg]00.24[min] N. lat., 123[deg]27.87[min] W. long.;
    (5) 38[deg]00.98[min] N. lat., 123[deg]27.65[min] W. long.;
    (6) 38[deg]02.81[min] N. lat., 123[deg]28.75[min] W. long.;
    (7) 38[deg]04.26[min] N. lat., 123[deg]29.25[min] W. long.;
    (8) 38[deg]04.55[min] N. lat., 123[deg]28.32[min] W. long.;
    (9) 38[deg]03.87[min] N. lat., 123[deg]27.69[min] W. long.;
    (10) 38[deg]04.27[min] N. lat., 123[deg]26.68[min] W. long.;
    (11) 38[deg]02.67[min] N. lat., 123[deg]24.17[min] W. long.;
    (12) 38[deg]00.87[min] N. lat., 123[deg]23.15[min] W. long.;
    (13) 37[deg]59.32[min] N. lat., 123[deg]22.52[min] W. long.;
    (14) 37[deg]58.24[min] N. lat., 123[deg]23.16[min] W. long.;
    and connecting back to 37[deg]57.62[min] N. lat., 123[deg]24.22[min] 
W. long.
    (j) Farallon Islands/Fanny Shoal. The boundary of the Farallon 
Islands/Fanny Shoal EFH Conservation Area is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 37[deg]51.58[min] N. lat., 123[deg]14.07[min] W. long.;
    (2) 37[deg]44.51[min] N. lat., 123[deg]01.50[min] W. long.;
    (3) 37[deg]41.71[min] N. lat., 122[deg]58.38[min] W. long.;
    (4) 37[deg]40.80[min] N. lat., 122[deg]58.54[min] W. long.;
    (5) 37[deg]39.87[min] N. lat., 122[deg]59.64[min] W. long.;

[[Page 311]]

    (6) 37[deg]42.05[min] N. lat., 123[deg]03.72[min] W. long.;
    (7) 37[deg]43.73[min] N. lat., 123[deg]04.45[min] W. long.;
    (8) 37[deg]49.23[min] N. lat., 123[deg]16.81[min] W. long.;
    and connecting back to 37[deg]51.58[min] N. lat., 123[deg]14.07[min] 
W. long.
    (k) Half Moon Bay. The boundary of the Half Moon Bay EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 37[deg]18.14[min] N. lat., 122[deg]31.15[min] W. long.;
    (2) 37[deg]19.80[min] N. lat., 122[deg]34.70[min] W. long.;
    (3) 37[deg]19.28[min] N. lat., 122[deg]38.76[min] W. long.;
    (4) 37[deg]23.54[min] N. lat., 122[deg]40.75[min] W. long.;
    (5) 37[deg]25.41[min] N. lat., 122[deg]33.20[min] W. long.;
    (6) 37[deg]23.28[min] N. lat., 122[deg]30.71[min] W. long.;
    and connecting back to 37[deg]18.14[min] N. lat., 122[deg]31.15[min] 
W. long.
    (l) Monterey Bay/Canyon. The boundary of the Monterey Bay/Canyon EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 36[deg]38.21[min] N. lat., 121[deg]55.96[min] W. long.;
    (2) 36[deg]25.31[min] N. lat., 121[deg]54.86[min] W. long.;
    (3) 36[deg]25.25[min] N. lat., 121[deg]58.34[min] W. long.;
    (4) 36[deg]30.86[min] N. lat., 122[deg]00.45[min] W. long.;
    (5) 36[deg]30.02[min] N. lat., 122[deg]09.85[min] W. long.;
    (6) 36[deg]30.23[min] N. lat., 122[deg]36.82[min] W. long.;
    (7) 36[deg]55.08[min] N. lat., 122[deg]36.46[min] W. long.;
    (8) 36[deg]51.41[min] N. lat., 122[deg]14.14[min] W. long.;
    (9) 36[deg]49.37[min] N. lat., 122[deg]15.20[min] W. long.;
    (10) 36[deg]48.31[min] N. lat., 122[deg]18.59[min] W. long.;
    (11) 36[deg]45.55[min] N. lat., 122[deg]18.91[min] W. long.;
    (12) 36[deg]40.76[min] N. lat., 122[deg]17.28[min] W. long.;
    (13) 36[deg]39.88[min] N. lat., 122[deg]09.69[min] W. long.;
    (14) 36[deg]44.94[min] N. lat., 122[deg]08.46[min] W. long.;
    (15) 36[deg]47.37[min] N. lat., 122[deg]03.16[min] W. long.;
    (16) 36[deg]49.60[min] N. lat., 122[deg]00.85[min] W. long.;
    (17) 36[deg]51.53[min] N. lat., 121[deg]58.25[min] W. long.;
    (18) 36[deg]50.78[min] N. lat., 121[deg]56.89[min] W. long.;
    (19) 36[deg]47.39[min] N. lat., 121[deg]58.16[min] W. long.;
    (20) 36[deg]48.34[min] N. lat., 121[deg]50.95[min] W. long.;
    (21) 36[deg]47.23[min] N. lat., 121[deg]52.25[min] W. long.;
    (22) 36[deg]45.60[min] N. lat., 121[deg]54.17[min] W. long.;
    (23) 36[deg]44.76[min] N. lat., 121[deg]56.04[min] W. long.;
    (24) 36[deg]41.68[min] N. lat., 121[deg]56.33[min] W. long.;
    and connecting back to 36[deg]38.21[min] N. lat., 121[deg]55.96[min] 
W. long.
    (m) Point Sur Deep. The boundary of the Point Sur Deep EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 36[deg]25.25[min] N. lat., 122[deg]11.61[min] W. long.;
    (2) 36[deg]16.05[min] N. lat., 122[deg]14.37[min] W. long;
    (3) 36[deg]16.14[min] N. lat., 122[deg]15.94[min] W. long.;
    (4) 36[deg]17.98[min] N. lat., 122[deg]15.93[min] W. long.;
    (5) 36[deg]17.83[min] N. lat., 122[deg]22.56[min] W. long.;
    (6) 36[deg]22.33[min] N. lat., 122[deg]22.99[min] W. long.;
    (7) 36[deg]26.00[min] N. lat., 122[deg]20.81[min] W. long.;
    and connecting back to 36[deg]25.25[min] N. lat., 122[deg]11.61[min] 
W. long.
    (n) Big Sur Coast/Port San Luis. The boundary of the Big Sur Coast/
Port San Luis EFH Conservation Area is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 36[deg]17.83[min] N. lat., 122[deg]22.56[min] W. long.;
    (2) 36[deg]17.98[min] N. lat., 122[deg]15.93[min] W. long.;
    (3) 36[deg]16.14[min] N. lat., 122[deg]15.94[min] W. long.;
    (4) 36[deg]10.82[min] N. lat., 122[deg]15.97[min] W. long.;
    (5) 36[deg]15.84[min] N. lat., 121[deg]56.35[min] W. long.;
    (6) 36[deg]14.27[min] N. lat., 121[deg]53.89[min] W. long.;
    (7) 36[deg]10.93[min] N. lat., 121[deg]48.66[min] W. long.;
    (8) 36[deg]07.40[min] N. lat., 121[deg]43.14[min] W. long.;
    (9) 36[deg]04.89[min] N. lat., 121[deg]51.34[min] W. long.;
    (10) 35[deg]55.70[min] N. lat., 121[deg]50.02[min] W. long.;
    (11) 35[deg]53.05[min] N. lat., 121[deg]56.69[min] W. long.;
    (12) 35[deg]38.99[min] N. lat., 121[deg]49.73[min] W. long.;
    (13) 35[deg]20.06[min] N. lat., 121[deg]27.00[min] W. long.;
    (14) 35[deg]20.54[min] N. lat., 121[deg]35.84[min] W. long.;
    (15) 35[deg]02.49[min] N. lat., 121[deg]35.35[min] W. long.;
    (16) 35[deg]02.79[min] N. lat., 121[deg]26.30[min] W. long.;
    (17) 34[deg]58.71[min] N. lat., 121[deg]24.21[min] W. long.;
    (18) 34[deg]47.24[min] N. lat., 121[deg]22.40[min] W. long.;
    (19) 34[deg]35.70[min] N. lat., 121[deg]45.99[min] W. long.;
    (20) 35[deg]47.36[min] N. lat., 122[deg]30.25[min] W. long.;
    (21) 35[deg]27.26[min] N. lat., 122[deg]45.15[min] W. long.;
    (22) 35[deg]34.39[min] N. lat., 123[deg]00.25[min] W. long.;
    (23) 36[deg]01.64[min] N. lat., 122[deg]40.76[min] W. long.;
    (24) 36[deg]17.41[min] N. lat., 122[deg]41.22[min] W. long.;
    and connecting back to 36[deg]17.83[min] N. lat., 122[deg]22.56[min] 
W. long.
    (o) Davidson Seamount. The boundary of the Davidson Seamount EFH 
Conservation Area is defined by straight lines connecting the following 
points in the order stated:
    (1) 35[deg]54.00[min] N. lat., 123[deg]00.00[min] W. long.;
    (2) 35[deg]54.00[min] N. lat., 122[deg]30.00[min] W. long.;
    (3) 35[deg]30.00[min] N. lat., 122[deg]30.00[min] W. long.;
    (4) 35[deg]30.00[min] N. lat., 123[deg]00.00[min] W. long.;
    and connecting back to 35[deg]54.00[min] N. lat., 123[deg]00.00[min] 
W. long.
    (p) East San Lucia Bank. The boundary of the East San Lucia Bank EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 34[deg]45.09[min] N. lat., 121[deg]05.73[min] W. long.;
    (2) 34[deg]39.90[min] N. lat., 121[deg]10.30[min] W. long.;
    (3) 34[deg]43.39[min] N. lat., 121[deg]14.73[min] W. long.;
    (4) 34[deg]52.83[min] N. lat., 121[deg]14.85[min] W. long.;
    (5) 34[deg]52.82[min] N. lat., 121[deg]05.90[min] W. long.;
    and connecting back to 34[deg]45.09[min] N. lat., 121[deg]05.73[min] 
W. long.

[[Page 312]]

    (q) Point Conception. The boundary of the Point Conception EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 34[deg]29.24[min] N. lat., 120[deg]36.05[min] W. long.;
    (2) 34[deg]28.57[min] N. lat., 120[deg]34.44[min] W. long.;
    (3) 34[deg]26.81[min] N. lat., 120[deg]33.21[min] W. long.;
    (4) 34[deg]24.54[min] N. lat., 120[deg]32.23[min] W. long.;
    (5) 34[deg]23.41[min] N. lat., 120[deg]30.61[min] W. long.;
    (6) 33[deg]53.05[min] N. lat., 121[deg]05.19[min] W. long.;
    (7) 34[deg]13.64[min] N. lat., 121[deg]20.91[min] W. long.;
    (8) 34[deg]40.04[min] N. lat., 120[deg]54.01[min] W. long.;
    (9) 34[deg]36.41[min] N. lat., 120[deg]43.48[min] W. long.;
    (10) 34[deg]33.50[min] N. lat., 120[deg]43.72[min] W. long.;
    (11) 34[deg]31.22[min] N. lat., 120[deg]42.06[min] W. long.;
    (12) 34[deg]30.04[min] N. lat., 120[deg]40.27[min] W. long.;
    (13) 34[deg]30.02[min] N. lat., 120[deg]40.23[min] W. long.;
    (14) 34[deg]29.26[min] N. lat., 120[deg]37.89[min] W. long.;
    and connecting back to 34[deg]29.24[min] N. lat., 120[deg]36.05[min] 
W. long.
    (r) Harris Point. The boundary of the Harris Point EFH Conservation 
Area is defined by the mean high water line and straight lines 
connecting all of the following points in the order stated:
    (1) 34[deg]03.10[min] N. lat., 120[deg]23.30[min] W. long.;
    (2) 34[deg]12.50[min] N. lat., 120[deg]23.30[min] W. long.;
    (3) 34[deg]12.50[min] N. lat., 120[deg]18.40[min] W. long.;
    (4) 34[deg]01.80[min] N. lat., 120[deg]18.40[min] W. long.;
    (5) 34[deg]02.90[min] N. lat., 120[deg]20.20[min] W. long.;
    (6) 34[deg]03.50[min] N. lat., 120[deg]21.30[min] W. long.;
    (s) Harris Point Exception. An exemption to the Harris Point 
reserve, where commercial and recreational take of living marine 
resources is allowed, exists between the mean high water line in Cuyler 
Harbor and a straight line connecting all of the following points:
    (1) 34[deg]02.90[min] N. lat., 120[deg]20.20[min] W. long.;
    (2) 34[deg]03.50[min] N. lat., 120[deg]21.30[min] W. long.;
    (t) Richardson Rock. The boundary of the Richardson Rock EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 34[deg]10.40[min] N. lat., 120[deg]28.20[min] W. long.;
    (2) 34[deg]10.40[min] N. lat., 120[deg]36.29[min] W. long.;
    (3) 34[deg]02.21[min] N. lat., 120[deg]36.29[min] W. long.;
    (4) 34[deg]02.21[min] N. lat., 120[deg]28.20[min] W. long.;
    and connecting back to 34[deg]10.40[min] N. lat., 120[deg]28.20[min] 
W. long.
    (u) Scorpion. The boundary of the Scorpion EFH Conservation Area is 
defined by the mean high water line and a straight line connecting all 
of the following points in the order stated:
    (1) 34[deg]02.94[min] N. lat., 119[deg]35.50[min] W. long.;
    (2) 34[deg]09.35[min] N. lat., 119[deg]35.50[min] W. long.;
    (3) 34[deg]09.35[min] N. lat., 119[deg]32.80[min] W. long.;
    (4) 34[deg]02.80[min] N. lat., 119[deg]32.80[min] W. long.
    (v) Painted Cave. The boundary of the Painted Cave EFH Conservation 
Area is defined by the mean high water line and a straight line 
connecting all of the following points in the order stated:
    (1) 34[deg]04.50[min] N. lat., 119[deg]53.00[min] W. long.;
    (2) 34[deg]05.20[min] N. lat., 119[deg]53.00[min] W. long.;
    (3) 34[deg]05.00[min] N. lat., 119[deg]51.00[min] W. long.;
    (4) 34[deg]04.00[min] N. lat., 119[deg]51.00[min] W. long.
    (w) Anacapa Island. The boundary of the Anacapa Island EFH 
Conservation Area is defined by the mean high water line and straight 
lines connecting all of the following points in the order stated:
    (1) 34[deg]00.80[min] N. lat., 119[deg]26.70[min] W. long.;
    (2) 34[deg]05.00[min] N. lat., 119[deg]26.70[min] W. long.;
    (3) 34[deg]05.00[min] N. lat., 119[deg]21.40[min] W. long.;
    (4) 34[deg]01.00[min] N. lat., 119[deg]21.40[min] W. long.
    (x) Carrington Point. The boundary of the Carrington Point EFH 
Conservation Area is defined by the mean high water line and straight 
lines connecting all of the following points:
    (1) 34[deg]01.30[min] N. lat., 120[deg]05.20[min] W. long.;
    (2) 34[deg]04.00[min] N. lat., 120[deg]05.20[min] W. long.;
    (3) 34[deg]04.00[min] N. lat., 120[deg]01.00[min] W. long.;
    (4) 34[deg]00.50[min] N. lat., 120[deg]01.00[min] W. long.;
    (5) 34[deg]00.50[min] N. lat., 120[deg]02.80[min] W. long.;
    (y) Judith Rock. The boundary of the Judith Rock EFH Conservation 
Area is defined by the mean high water line and a straight line 
connecting all of the following points in the order stated:
    (1) 34[deg]01.80[min] N. lat., 120[deg]26.60[min] W. long.;
    (2) 33[deg]58.50[min] N. lat., 120[deg]26.60[min] W. long.;
    (3) 33[deg]58.50[min] N. lat., 120[deg]25.30[min] W. long.;
    (4) 34[deg]01.50[min] N. lat., 120[deg]25.30[min] W. long.
    (z) Skunk Point. The boundary of the Skunk Point EFH Conservation 
Area is defined by the mean high water line and straight lines 
connecting all of the following points in the order stated:
    (1) 33[deg]59.00[min] N. lat., 119[deg]58.80[min] W. long.;
    (2) 33[deg]59.00[min] N. lat., 119[deg]58.02[min] W. long.;
    (3) 33[deg]57.10[min] N. lat., 119[deg]58.00[min] W. long.;
    (4) 33[deg]57.10[min] N. lat., 119[deg]58.20[min] W. long.
    (aa) Footprint. The boundary of the Footprint EFH Conservation Area 
is defined by straight lines connecting all of the following points in 
the order stated:
    (1) 33[deg]59.00[min] N. lat., 119[deg]26.00[min] W. long.;
    (2) 33[deg]59.00[min] N. lat., 119[deg]31.00[min] W. long.;
    (3) 33[deg]54.11[min] N. lat., 119[deg]31.00[min] W. long.;

[[Page 313]]

    (4) 33[deg]54.11[min] N. lat., 119[deg]26.00[min] W. long.;
    and connecting back to 33[deg]59.00[min] N. lat., 119[deg]26.00[min] 
W. long.
    (bb) Gull Island. The boundary of the Gull Island EFH Conservation 
Area is defined by the mean high water line and straight lines 
connecting all of the following points in the order stated:
    (1) 33[deg]58.02[min] N. lat., 119[deg]51.00[min] W. long.;
    (2) 33[deg]58.02[min] N. lat., 119[deg]53.00[min] W. long.;
    (3) 33[deg]51.63[min] N. lat., 119[deg]53.00[min] W. long.;
    (4) 33[deg]51.62[min] N. lat., 119[deg]48.00[min] W. long.;
    (5) 33[deg]57.70[min] N. lat., 119[deg]48.00[min] W. long.
    (cc) South Point. The boundary of the South Point EFH Conservation 
Area is defined by the mean high water line and straight lines 
connecting all of the following points in the order stated:
    (1) 33[deg]55.00[min] N. lat., 120[deg]10.00[min] W. long.;
    (2) 33[deg]50.40[min] N. lat., 120[deg]10.00[min] W. long.;
    (3) 33[deg]50.40[min] N. lat., 120[deg]06.50[min] W. long.;
    (4) 33[deg]53.80[min] N. lat., 120[deg]06.50[min] W. long.
    (dd) Hidden Reef/Kidney Bank. The boundary of the Hidden Reef/Kidney 
Bank EFH Conservation Area is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 33[deg]48.00[min] N. lat., 119[deg]15.06[min] W. long.;
    (2) 33[deg]48.00[min] N. lat., 118[deg]57.06[min] W. long.;
    (3) 33[deg]33.00[min] N. lat., 118[deg]57.06[min] W. long.;
    (4) 33[deg]33.00[min] N. lat., 119[deg]15.06[min] W. long.;
    and connecting back to 33[deg]48.00[min] N. lat., 119[deg]15.06[min] 
W. long.
    (ee) Catalina Island. The boundary of the Catalina Island EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 33[deg]34.71[min] N. lat., 118[deg]11.40[min] W. long.;
    (2) 33[deg]25.88[min] N. lat., 118[deg]03.76[min] W. long.;
    (3) 33[deg]11.69[min] N. lat., 118[deg]09.21[min] W. long.;
    (4) 33[deg]19.73[min] N. lat., 118[deg]35.41[min] W. long.;
    (5) 33[deg]23.90[min] N. lat., 118[deg]35.11[min] W. long.;
    (6) 33[deg]25.68[min] N. lat., 118[deg]41.66[min] W. long.;
    (7) 33[deg]30.25[min] N. lat., 118[deg]42.25[min] W. long.;
    (8) 33[deg]32.73[min] N. lat., 118[deg]38.38[min] W. long.;
    (9) 33[deg]27.07[min] N. lat., 118[deg]20.33[min] W. long.;
    and connecting back to 33[deg]34.71[min] N. lat., 118[deg]11.40[min] 
W. long.
    (ff) Potato Bank. Potato Bank is within the Cowcod Conservation Area 
West, an area south of Point Conception. The boundary of the Potato Bank 
EFH Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 33[deg]30.00[min] N. lat., 120[deg]00.06[min] W. long.;
    (2) 33[deg]30.00[min] N. lat., 119[deg]50.06[min] W. long.;
    (3) 33[deg]20.00[min] N. lat., 119[deg]50.06[min] W. long.;
    (4) 33[deg]20.00[min] N. lat., 120[deg]00.06[min] W. long.;
    and connecting back to 33[deg]30.00[min] N. lat., 120[deg]00.06[min] 
W. long.
    (gg) Santa Barbara. The Santa Barbara EFH Conservation Area is 
defined by the mean high water line and straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]28.50[min] N. lat., 119[deg]01.70[min] W. long.;
    (2) 33[deg]28.50[min] N. lat., 118[deg]54.54[min] W. long.;
    (3) 33[deg]21.78[min] N. lat., 118[deg]54.54[min] W. long.;
    (4) 33[deg]21.78[min] N. lat., 119[deg]02.20[min] W. long.;
    (5) 33[deg]27.90[min] N. lat., 119[deg]02.20[min] W. long.
    (hh) Cherry Bank. Cherry Bank is within the Cowcod Conservation Area 
West, an area south of Point Conception. The Cherry Bank EFH 
Conservation Area is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]59.00[min] N. lat., 119[deg]32.05[min] W. long.;
    (2) 32[deg]59.00[min] N. lat., 119[deg]17.05[min] W. long.;
    (3) 32[deg]46.00[min] N. lat., 119[deg]17.05[min] W. long.;
    (4) 32[deg]46.00[min] N. lat., 119[deg]32.05[min] W. long.;
    and connecting back to 32[deg]59.00[min] N. lat., 119[deg]32.05[min] 
W. long.
    (ii) Cowcod EFH Conservation Area East. The Cowcod EFH Conservation 
Area East is defined by straight lines connecting all of the following 
points in the order stated:
    (1) 32[deg]41.15[min] N. lat., 118[deg]02.00[min] W. long.;
    (2) 32[deg]42.00[min] N. lat., 118[deg]02.00[min] W. long.;
    (3) 32[deg]42.00[min] N. lat., 117[deg]50.00[min] W. long.;
    (4) 32[deg]36.70[min] N. lat., 117[deg]50.00[min] W. long.;
    (5) 32[deg]30.00[min] N. lat., 117[deg]53.50[min] W. long.;
    (6) 32[deg]30.00[min] N. lat., 118[deg]02.00[min] W. long.;
    (7) 32[deg]40.49[min] N. lat., 118[deg]02.00[min] W. long.;
    and connecting back to 32[deg]41.15[min] N. lat., 118[deg]02.00[min] 
W. long.

[71 FR 27422, May 11, 2006]

[[Page 314]]



  Sec. Table 1a to Part 660, Subpart G--2009, Specifications of ABCs, 
        OYs, and HGs, by Management Area (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR05MY09.007


[[Page 315]]


[GRAPHIC] [TIFF OMITTED] TR05MY09.008


[[Page 316]]


[GRAPHIC] [TIFF OMITTED] TR05MY09.009


[74 FR 20625, May 5, 2009]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 317]]



Sec. Table 1b to Part 660, Subpart G--2009, Harvest Guidelines for Minor 
          Rockfish by Depth Sub-groups (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR06MR09.004


[74 FR 9923, Mar. 6, 2009]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 318]]



  Sec. Table 1c to Part 660, Subpart G--2009, Open Access and Limited 
 Entry Allocations by Species or Species Group (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR06MR09.005

    a/ ABCs apply only to the U.S. portion of the Vancouver 
area.
    b/ Optimum Yields (OYs) and Harvest Guidelines (HGs) are 
specified as total catch values. A harvest guideline is a specified 
harvest target and not a quota. The use of this term may differ from the 
use of similar terms in state regulation.
    c/ Lingcod--A coastwide lingcod stock assessment was 
prepared in 2005. The lingcod biomass was estimated to be at 64 percent 
of its unfished biomass coastwide in 2005. The ABC of 5,278 mt was 
calculated using an FMSY proxy of F45%. Because 
the stock is above B40% coastwide, the coastwide OY was set 
equal to the ABC. The tribal harvest guideline is 250 mt.
    d/ ``Other species''--these species are neither common 
nor important to the commercial and recreational fisheries in the areas 
footnoted. Accordingly, these species are included in the harvest 
guidelines of ``other fish'', ``other rockfish'' or ``remaining 
rockfish''.
    e/ Pacific Cod--The 3,200 mt ABC for the Vancouver-
Columbia area is based on historical landings data. The 1,600 mt OY is 
the ABC reduced by 50 percent as a precautionary adjustment. A tribal 
harvest guideline of 400 mt is deducted from the OY resulting in a 
commercial OY of 1,200 mt.
    f/ Pacific whiting--The most recent stock assessment was 
prepared in February 2009. The stock assessment base model estimated the 
Pacific whiting biomass to be at 32 percent (50th percentile estimate of 
depletion) of its unfished biomass in 2009. The U.S Canada coastwide ABC 
is 253,582 mt, the U.S. share of the ABC is 187,346 mt (73.88 percent of 
the coastwide ABC). The U.S.-Canada coastwide OY is 184,000 mt with a 
corresponding U.S. OY of 135,939 mt. The tribal set aside is 50,000 mt. 
The amount estimated to be taken as research catch and in non-groundfish 
fisheries is 4,000 mt. The commercial OY is 81,939 mt. Each sector 
receives a portion of the commercial OY, with the catcher/processors 
getting 34 percent (27,859 mt), motherships getting 24 percent (19,665 
mt), and the shore-based sector getting 42 percent (34,414 mt). The 
allocation for the fishery south of 42[deg]N. lat. is 1,721 mt.
    g/ Sablefish--A coastwide sablefish stock assessment was 
prepared in 2007. The sablefish biomass was estimated to be at 38.3 
percent of its unfished biomass in 2007. The coastwide ABC of 9,914 mt 
was based on the new stock assessment with a FMSY proxy of

[[Page 319]]

F45%. The 40-10 harvest policy was applied to the ABC then 
apportion between the northern and southern areas with 72 percent going 
to the area north of 36* N. lat. and 28 percent going to the area south 
of 36* N. lat. The OY for the area north of 36* N. lat. is 7,052 mt. 
When establishing the OY for the area south of 36* N. lat. a 50 percent 
reduction was made resulting in a Conception area OY of 1,371 mt. The 
Coastwide OY of 8,423 mt is the sum of the northern and southern area 
OYs. The tribal allocation for the area north of 36* N. lat. is 705 mt 
(10 percent of the OY north of 36* N. lat.), which is further reduced by 
1.6 percent (11 mt) to account for discard mortality. The tribal landed 
catch value is 694 mt.
    h/ Cabezon south of 42* N. lat. was assessed in 2005. The 
Cabezon stock was estimated to be at 40 percent of its unfished biomass 
north of 34* 27[min] N. lat. and 28 percent of its unfished biomass 
south of 34* 27[min] N. lat. in 2005. The ABC of 106 mt is based on the 
2005 stock assessment with a harvest rate proxy of F45%. The 
OY of 69 mt is consistent with the application of a 60-20 harvest rate 
policy specified in the California Nearshore Fishery Management Plan.
    i/ Dover sole north of 34* 27[min] N. lat. was assessed 
in 2005. The Dover sole biomass was estimated to be at 59.8 percent of 
its unfished biomass in 2005 and was projected to be increasing. The ABC 
of 29,453 mt is based on the results of the 2005 assessment with an 
FMSY proxy of F40%. Because the stock is above 
B40% coastwide, the OY could be set equal to the ABC. The OY 
of 16,500 mt is less than the ABC. The OY is set at the MSY harvest 
level which is considerably larger than the coastwide catches in any 
recent years.
    j/ A coastwide English sole stock assessment was prepared 
in 2005 and updated in 2007. The stock was estimated to be at 116 
percent of its unfished biomass in 2007. The stock biomass is believed 
to be declining. The ABC of 14,326 mt is based on the results of the 
2007 assessment update with an FMSY proxy of F40%. 
Because the stock is above B40%, the OY was set equal to the 
ABC.
    k/ A petrale sole stock assessment was prepared for 2005. 
In 2005 the petrale sole stock was estimated to be at 32 percent of its 
unfished biomass coastwide (34 percent in the northern assessment area 
and 29 percent of in the southern assessment area). The ABC of 2,811 mt 
is based on the 2005 stock assessment with a F40% 
FMSY proxy. To derive the OY, the 40-10 harvest policy was 
applied to the ABC for both the northern and southern assessment areas. 
As a precautionary measure, an additional 25 percent reduction was made 
in the OY contribution for the southern area due assessment uncertainty. 
The coastwide OY is 2,433 mt in 2009.
    l/ Arrowtooth flounder was assessed in 2007 and was 
estimated to be at 79 percent of its unfished biomass in 2007. Because 
the stock is above B40% , the OY is set equal to the ABC.
    m/ Starry Flounder was assessed for the first time in 
2005 and was estimated to be above 40 percent of its unfished biomass in 
2005. However, the stock was projected to decline below 40 percent in 
both the northern and southern areas after 2008. The starry flounder 
assessment was considered to be a data-poor assessment relative to other 
groundfish assessments. For 2009, the coastwide ABC of 1,509 mt is based 
on the 2005 assessment with a FMSY proxy of F40%. 
To derive the OY (1,004 mt), the 40-10 harvest policy was applied to the 
ABC for both the northern and southern assessment areas then an 
additional 25 percent reduction was made due to assessment uncertainty.
    n/ ``Other flatfish'' are those flatfish species that do 
not have individual ABC/OYs and include butter sole, curlfin sole, 
flathead sole, Pacific sand dab, rex sole, rock sole, and sand sole. The 
other flatfish ABC is based on historical catch levels. The ABC of 6,731 
mt is based on the highest landings for sanddabs (1995) and rex sole 
(1982) for the 1981-2003 period and on the average landings from the 
1994-1998 period for the remaining other flatfish species. The OY of 
4,884 mt is based on the ABC with a 25 percent precautionary adjustment 
for sanddabs and rex sole and a 50 percent precautionary adjustment for 
the remaining species.
    o/ A POP stock assessment was prepared in 2005 and was 
updated in 2007. The stock assessment update estimated the stock to be 
at 27.5 percent of its unfished biomass in 2007. The ABC of 1,160 mt for 
the Vancouver and Columbia areas is based on the 2007 stock assessment 
update with an FMSY proxy of F50%. The OY of 189 
mt is based on a rebuilding plan with a target year to rebuild of 2017 
and an SPR harvest rate of 86.4 percent. The OY is reduced by 2.0 mt for 
the amount anticipated to be taken during research activity and 0.14 mt 
for the amount expected to be taken during EFP fishing.
    p/ Shortbelly rockfish remains an unexploited stock and 
is difficult to assess quantitatively. To understand the potential 
environmental determinants of fluctuations in the recruitment and 
abundance of an unexploited rockfish population in the California 
Current ecosystem, a non-quantitative assessment was conducted in 2007. 
The results of the assessment indicated the shortbelly stock was healthy 
with an estimated spawning stock biomass at 67 percent of its unfished 
biomass in 2005. The ABC and OY are being set at 6,950 mt which is 50 
percent of the 2008 ABC and OY values. The stock is expected to remain 
at its current equilibrium with these harvest specifications.
    q/ Widow rockfish was assessed in 2005 and an update was 
prepared in 2007. The stock assessment update estimated the stock to be 
at

[[Page 320]]

36.2 percent of its unfished biomass in 2006. The ABC of 7,728 mt is 
based on the stock assessment update with an F50% FMSY proxy. 
The OY of 522 mt is based on a rebuilding plan with a target year to 
rebuild of 2015 and an SPR harvest rate of 95 percent. To derive the 
commercial harvest guideline of 460.4 mt the OY is reduced by 1.1 mt for 
the amount anticipated to be taken during research activity, 45.5 mt for 
the tribal set-aside, 7.2 mt the amount estimated to be taken in the 
recreational fisheries, 0.4 mt for the amount expected to be taken 
incidentally in non-groundfish fisheries, and 7.4 mt for the amount 
projected to be taken during EFP fishing. The following are the sector 
specific bycatch limits established for the Pacific whiting fishery: 
85.0 mt for catcher/processors, 60.0 mt for motherships, and 105.0 mt 
for shore-based.
    r/ Canary rockfish--A canary rockfish stock assessment 
was completed in 2007 and the stock was estimated to be at 32.7 percent 
of its unfished biomass coastwide in 2007. The coastwide ABC of 937 mt 
based on the 2007 rebuilding plan. The OY of 105 mt is based on a 
rebuilding plan with a target year to rebuild of 2021 and a SPR harvest 
rate of 88.7 percent. To derive the commercial harvest guideline of 42.3 
mt, the OY is reduced by 8.0 mt for the amount anticipated to be taken 
during research activity, 7.3 mt the tribal set-aside, 43.8 mt the 
amount estimated to be taken in the recreational fisheries, 0.9 mt for 
the amount expected to be taken incidentally in non-groundfish 
fisheries, and 2.7 mt for the amount expected to be taken during EFP 
fishing. The following harvest guidelines are being specified for catch 
sharing in 2009: 19.7 mt for limited entry Non-Whiting Trawl, 18.0 mt 
for limited entry Whiting Trawl, 2.2 mt for limited entry fixed gear, 
2.5 mt for directed open access, 4.9 mt for Washington recreational, 
16.0 mt for Oregon recreational, and 22.9 mt for California 
recreational.
    s/ Chilipepper rockfish was assessed in 2007 and the 
stock was estimated to be at 71 percent of its unfished biomass 
coastwide in 2007. The ABC of 3,037 mt is based on a FMSY 
proxy of F50%. Because the unfished biomass is estimated to 
be above 40 percent the unfished biomass, the default OY could be set 
equal to the ABC. However, the OY of 2,885 mt was the ABC reduced by 5 
percent as a precautionary measure for uncertainty in the stock 
assessment. Open access is allocated 44.3 percent (1,278 mt) of the 
commercial HG and limited entry is allocated 55.7 percent (1,607 mt) of 
the commercial HG.
    t/ A bocaccio stock assessment and a rebuilding analysis 
were prepared in 2007. The bocaccio stock was estimated to be at 13.8 
percent of its unfished biomass in 2007. The ABC of 793 mt for the 
Monterey-Conception area is based on the new assessment with an 
FMSY proxy of F50%. The OY of 288 mt is based on a 
rebuilding plan with a target year to rebuild of 2026 and a SPR harvest 
rate of 77.7 percent. To derive the commercial harvest guideline of 
206.4 mt, the OY is reduced by 2.0 mt for the amount anticipated to be 
taken during research activity, 67.3 mt for the amount estimated to be 
taken in the recreational fisheries, 1.3 mt for the amount expected to 
be taken incidentally in non-groundfish fisheries, and 11.0 mt for the 
amount expected to be taken during EFP fishing.
    u/ Splitnose rockfish--The ABC is 615 mt in the Monterey-
Conception area. The 461 mt OY for the area reflects a 25 percent 
precautionary adjustment because of the less rigorous stock assessment 
for this stock. In the north (Vancouver, Columbia and Eureka areas), 
splitnose is included within the minor slope rockfish OY. Because the 
harvest assumptions used to forecast future harvest were likely 
overestimates, carrying the previously used ABCs and OYs forward into 
2009 was considered to be conservative and based on the best available 
data.
    v/ Yellowtail rockfish--A yellowtail rockfish stock 
assessment was prepared in 2005 for the Vancouver, Columbia, Eureka 
areas. Yellowtail rockfish was estimated to be above 40 percent of its 
unfished biomass in 2005. The ABC of 4,562 mt is based on the 2005 stock 
assessment with the FMSY proxy of F50%. The OY of 
4,562 mt was set equal to the ABC, because the stock is above the 
precautionary threshold of B40%.
    w/ Shortspine thornyhead was assessed in 2005 and the 
stock was estimated to be at 63 percent of its unfished biomass in 2005. 
The ABC of 2,437 mt is based on a F50% FMSY proxy. 
For that portion of the stock (66 percent of the biomass) north of Point 
Conception (34[deg]27[min] N. lat.), the OY of 1,608 mt was set at equal 
to the ABC because the stock is estimated to be above the precautionary 
threshold. For that portion of the stock south of 34[deg]27[min] N. 
lat.(34 percent of the biomass), the OY of 414 mt was the portion of the 
ABC for the area reduced by 50 percent as a precautionary adjustment due 
to the short duration and amount of survey data for that area.
    x/ Longspine thornyhead was assessed coastwide in 2005 
and the stock was estimated to be at 71 percent of its unfished biomass 
in 2005. The coastwide ABC of 3,766 mt is based on a F50% 
FMSY proxy. The OY is set equal to the ABC because the stock 
is above the precautionary threshold. Separate OYs are being established 
for the areas north and south of 34[deg]27[min] N. lat. (Point 
Conception). The OY of 2,231 mt for that portion of the stock in the 
northern area (79 percent) the ABC reduced by 25 percent as a 
precautionary adjustment. For that portion of the stock in the south of 
34[deg]27[min] N. lat. (21 percent), the OY of 395 mt was the portion of 
the ABC for the

[[Page 321]]

area reduced by 50 percent as a precautionary adjustment due to the 
short duration and amount of survey data for that area.
    y/ Cowcod in the Conception area was assessed in 2007 and 
the stock was estimated to be between 3.4 to 16.3 percent of its 
unfished biomass. The ABC for the area south of 36[deg]N. lat., the 
Conception and Monterey areas, is 13 mt and is based on the 2007 
rebuilding analysis in which the Conception area stock assessment 
projection was doubled to account for both areas. A single OY of 4 mt is 
being set for both areas. The OY of 4 mt is based on a rebuilding plan 
with a target year to rebuild of 2072 and an SPR rate of 82.1 percent. 
The amount anticipated to be taken during research activity is 0.2 mt 
and the amount expected to be taken during EFP activity is 0.24 mt.
    z/ Darkblotched rockfish was assessed in 2007 and a 
rebuilding analysis was prepared. The new stock assessment estimated the 
stock to be at 22.4 percent of its unfished biomass in 2007. The ABC is 
projected to be 437 mt and is based on the 2007 stock assessment with an 
FMSY proxy of F50%. The OY of 285 mt is based on a 
rebuilding plan with a target year to rebuild of 2028 and an SPR harvest 
rate of 62.1 percent. The commercial OY of 282.05 mt is the OY reduced 
by 2.0 mt for the amount anticipated to be taken during research 
activity and 0.95 mt for the amount projected to be taken during EFP 
activity.
    aa/ Yelloweye rockfish was fully assessed in 2006 and an 
assessment update was completed in 2007. The 2007 stock assessment 
update estimated the spawning stock biomass in 2006 to be at 14 percent 
of its unfished biomass coastwide. The 31 mt coastwide ABC was derived 
from the base model in the new stock assessment with an 
FMSYproxy of F50. The 17 mt OY is based on 
a rebuilding plan with a target year to rebuild of 2084 and an SPR 
harvest rate of 66.3 percent in 2009 and 2010 and an SPR harvest rate of 
71.9 percent for 2011 and beyond. The OY is reduced by 2.8 mt for the 
amount anticipated to be taken during research activity, 2.3 mt the 
amount estimated to be taken in the tribal fisheries and 0.3 mt for the 
amount expected to be taken incidentally in non-groundfish fisheries. 
The catch sharing harvest guidelines for yelloweye rockfish in 2009 are: 
limited entry non-whiting trawl 0.6 mt, limited entry whiting 0.0 mt, 
limited entry fixed gear 1.4 mt, directed open access 1.1 mt, Washington 
recreational 2.7 mt, Oregon recreational 2.4 mt, California recreational 
2.8 mt, and 0.3 mt for exempted fishing.
    bb/ California Scorpionfish south of 34[deg]27[min] N. 
lat. was assessed in 2005 and was estimated to be above 40 percent of 
its unfished biomass in 2005. The ABC of 175 mt is based on the new 
assessment with a harvest rate proxy of F50%. Because the 
stock is above B40% coastwide, the OY is set equal to the 
ABC.
    cc/ New assessments were prepared for black rockfish 
south of 45*56.00 N. lat. (Cape Falcon, Oregon) and for black rockfish 
north of Cape Falcon. The ABC for the area north of 46*16[min] N. lat. 
(Washington) is 490 mt (97 percent) of the 505 mt ABC contribution from 
the northern assessment area. The ABC for the area south of 46*16[min] 
N. lat. (Oregon and California) is 1,469 mt which is the sum of a 
contribution of 15 mt (3 percent) from the northern area assessment, and 
1,454 mt from the southern area assessment. The ABCs were based on the 
results of the new assessment and derived using an FMSY proxy 
of F50%. Because both portions of the stock are above 40 
percent, the OYs could be set equal to the ABCs. For the area north of 
46*16[min] N. lat., the OY of 490 mt is set equal to the ABC. The 
following tribal harvest guidelines are being set: 20,000 lb (9.1 mt) 
north of Cape Alava, WA (48*09.50[min] N. lat.) and 10,000 lb (4.5 mt) 
between Destruction Island, WA (47*40[min] N. lat.) and Leadbetter 
Point, WA (46*38.17[min] N. lat.) The OY for the area south of 
46*16[min] N. lat. is being set at 1,000 mt which is a constant harvest 
level. The black rockfish OY in the area south of 46*16[min] N. lat., is 
subdivided with separate HGs being set for the area north of 42* N. lat. 
(580 mt/58 percent) and for the area south of 42* N. lat. (420 mt/42 
percent).
    dd/ Minor rockfish north includes the ``remaining 
rockfish'' and ``other rockfish'' categories in the Vancouver, Columbia, 
and Eureka areas combined. These species include ``remaining rockfish'', 
which generally includes species that have been assessed by less 
rigorous methods than stock assessments, and ``other rockfish'', which 
includes species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to the 
remaining rockfish. The ABC of 3,678 mt is the sum of the individual 
``remaining rockfish'' ABCs plus the ``other rockfish'' ABCs. The 
remaining rockfish ABCs continue to be reduced by 25 percent (F = 0.75M) 
as a precautionary adjustment. To obtain the total catch OY of 2,283 mt, 
the remaining rockfish ABCs were further reduced by 25 percent and other 
rockfish ABCs were reduced by 50 percent. This was a precautionary 
measure to address limited stock assessment information.
    ee/ Minor rockfish south includes the ``remaining 
rockfish'' and ``other rockfish'' categories in the Monterey and 
Conception areas combined. These species include ``remaining rockfish'' 
which generally includes species that have been assessed by less 
rigorous methods than stock assessment, and ``other rockfish'' which 
includes species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to the 
remaining

[[Page 322]]

rockfish. The ABC of 3,384 mt is the sum of the individual ``remaining 
rockfish'' ABCs plus the ``other rockfish'' ABCs. The remaining rockfish 
ABCs continue to be reduced by 25 percent (F = 0.75M) as a precautionary 
adjustment. The remaining rockfish ABCs are further reduced by 25 
percent, with the exception of blackgill rockfish (see footnote gg). The 
other rockfish ABCs were reduced by 50 percent. This was a precautionary 
measure due to limited stock assessment information. The resulting minor 
rockfish OY is 1,990 mt.
    ff/ Bank rockfish--The ABC is 350 mt which is based on a 
2000 stock assessment for the Monterey and Conception areas. This stock 
contributes 263 mt towards the minor rockfish OY in the south.
    gg/ Blackgill rockfish in the Monterey and Conception 
areas was assessed in 2005 and is estimated to be at 49.9 percent of its 
unfished biomass in 2008. The ABC of 292 mt for the Monterey and 
Conception areas is based on the 2005 stock assessment with an 
FMSY proxy of F50% and is the two year average ABC 
for the 2007 and 2008 periods. This stock contributes 292 mt towards 
minor rockfish south.
    hh/ ``Other rockfish'' includes rockfish species listed 
in 50 CFR 660.302. A new stock assessment was conducted for blue 
rockfish in 2007. As a result of the new stock assessment, the blue 
rockfish contribution to the other rockfish group, of 30 mt in the north 
and 232 mt in the south, are removed. A new contribution of 28 mt 
contribution in the north and 202 mt contribution in the south is added 
to the remaining rockfish. The ABC for the remaining species is based on 
historical data from a 1996 review landings and includes an estimate of 
recreational landings. Most of these species have never been assessed 
quantitatively.
    ii/ Longnose skate was fully assessed in 2006 and an 
assessment update was completed in 2007. The ABC of 3,428 is based on 
the 2007 with an FMSY proxy of F45%. Longnose 
skate was previously managed as part of the Other Fish complex. The 2009 
OY of 1,349 mt is a precautionary OY based on historical total catch 
increased by 50 percent.
    jj/ ``Other fish'' includes sharks, skates, rays, 
ratfish, morids, grenadiers, kelp greenling, and other groundfish 
species noted above in footnote d/. The longnose skate contribution is 
being removed from this complex.
    kk/ Sablefish allocation north of 36* N. lat.--The 
limited entry allocation is further divided with 58 percent allocated to 
the trawl fishery and 42 percent allocated to the fixed-gear fishery.
    ll/ Specific open access/limited entry allocations 
specified in the FMP have been suspended during the rebuilding period as 
necessary to meet the overall rebuilding target while allowing harvest 
of healthy stocks.

[74 FR 9923, Mar. 6, 2009, as amended at 74 FR 20628, May 5, 2009; 75 FR 
38033, July 1, 2010]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 323]]



Sec. Table 2a to Part 660, Subpart G--2010, Specifications of ABCs, OYs, 
          and HGs, by Management Area (weights in metric tons)
[GRAPHIC] [TIFF OMITTED] TR08JY10.003


[[Page 324]]


[GRAPHIC] [TIFF OMITTED] TR08JY10.002


[[Page 325]]


[GRAPHIC] [TIFF OMITTED] TR08JY10.001


[75 FR 39180, July 8, 2010]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 326]]



    Sec. Table 2b to Part 660, Subpart G--2010, and Beyond, Harvest 
  Guidelines for Minor Rockfish by Depth Sub-groups (weights in metric 
                                  tons)
[GRAPHIC] [TIFF OMITTED] TR06MR09.009


[74 FR 9923, Mar. 6, 2009]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 327]]



Sec. Table 2c to Part 660, Subpart G--2010, and Beyond, Open Access and 
Limited Entry Allocations by Species or Species Goup (weights in metric 
                                  tons)
[GRAPHIC] [TIFF OMITTED] TR06MR09.010

    a/ ABCs apply only to the U.S. portion of the Vancouver 
area.
    b/ Optimum Yields (OYs) and Harvest Guidelines (HGs) are 
specified as total catch values. A harvest guideline is a specified 
harvest target and not a quota. The use of this term may differ from the 
use of similar terms in state regulation.
    c/ Lingcod--A coastwide lingcod stock assessment was 
prepared in 2005. The lingcod biomass was estimated to be at 64 percent 
of its unfished biomass coastwide in 2005. The ABC of 4,829 mt was 
calculated using an FMSY proxy of F45. 
Because the stock is above B40 coastwide, the 
coastwide OY was set equal to the ABC. The tribal harvest guideline is 
250 mt.
    d/ ``Other species''--these species are neither common 
nor important to the commercial and recreational fisheries in the areas 
footnoted. Accordingly, these species are included in the harvest 
guidelines of ``other fish'', ``other rockfish'' or ``remaining 
rockfish''.
    e/ Pacific Cod--The 3,200 mt ABC for the Vancouver-
Columbia area is based on historical landings data. The 1,600 mt OY is 
the ABC reduced by 50 percent as a precautionary adjustment. A tribal 
harvest guideline of 400 mt is deducted from the OY resulting in a 
commercial OY of 1,200 mt.
    f/ Pacific whiting--The most recent stock assessment was 
prepared in January 2010. The stock assessment base model estimated the 
Pacific whiting biomass to be at 31 percent (50th percentile estimate of 
depletion) of its unfished biomass in 2010. The U.S.-Canada coastwide 
ABC is 455,550 mt, the U.S. share of the ABC is 336,560 mt (73.88 
percent of the coastwide ABC). The U.S.-Canada coastwide Pacific whiting 
OY is 262,500 mt, with a corresponding U.S. OY of 193,935 mt. The tribal 
allocation is 49,939 mt. The amount estimated to be taken as research 
catch and in non-groundfish fisheries is 3,000 mt. The commercial OY is 
140,996 mt. Each sector receives a portion of the commercial OY, with 
the catcher/processors getting 34 percent (47,939 mt), motherships 
getting 24 percent (33,839 mt), and the shore-based sector getting 42 
percent (59,218 mt). No more than 2,961 mt (5 percent of the shore-based 
allocation) may be taken in the fishery south of 42[deg] N. lat. prior 
to the start of the primary season for the shorebased fishery north of 
42[deg] N. lat.
    g/ Sablefish--A coastwide sablefish stock assessment was 
prepared in 2007. The coastwide sablefish biomass was estimated

[[Page 328]]

to be at 38.3 percent of its unfished biomass in 2007. The coastwide ABC 
of 9,217 mt was based on the new stock assessment with a FMSY 
proxy of F45. The 40-10 harvest policy was applied to 
the ABC then apportion between the northern and southern areas with 72 
percent going to the area north of 36* N. lat. and 28 percent going to 
the area south of 36* N. lat. The OY for the area north of 36* N. lat. 
is 6,471 mt. When establishing the OY for the area south of 36* N. lat. 
a 50 percent reduction was made resulting in a Conception area OY of 
1,258 mt. The Coastwide OY of 7,729 mt is the sum of the northern and 
southern area OYs. The tribal allocation for the area north of 36* N. 
lat. is 647 mt (10 percent of the OY north of 36* N. lat.), which is 
further reduced by 1.6 percent (10 mt) to account for discard mortality. 
The tribal landed catch value is 637 mt.
    h/ Cabezon south of 42* N. lat. was assessed in 2005. The 
Cabezon stock was estimated to be at 40 percent of its unfished biomass 
north of 34* 27[min] N. lat. and 28 percent of its unfished biomass 
south of 34* 27[min] N. lat. in 2005. The ABC of 111 mt is based on the 
2005 stock assessment with a harvest rate proxy of 
F45. The OY of 79 mt is consistent with the 
application of a 60-20 harvest rate policy specified in the California 
Nearshore Fishery Management Plan.
    i/ Dover sole north of 34* 27[min] N. lat. was assessed 
in 2005. The Dover sole biomass was estimated to be at 59.8 percent of 
its unfished biomass in 2005 and was projected to be increasing. The ABC 
of 28,582 mt is based on the results of the 2005 assessment with an 
FMSY proxy of F40. Because the stock is 
above B40 coastwide, the OY could be set equal to the 
ABC. The OY of 16,500 mt is less than the ABC. The OY is set at the MSY 
harvest level which is considerably larger than the coastwide catches in 
any recent years.
    j/ A coastwide English sole stock assessment was prepared 
in 2005 and updated in 2007. The stock was estimated to be at 116 
percent of its unfished biomass in 2007. The stock biomass is believed 
to be declining. The ABC of 9,745 mt is based on the results of the 2007 
assessment update with an FMSY proxy of 
F40. Because the stock is above 
B40, the OY was set equal to the ABC.
    k/ A petrale sole stock assessment was prepared for 2005. 
In 2005 the petrale sole stock was estimated to be at 32 percent of its 
unfished biomass coastwide (34 percent in the northern assessment area 
and 29 percent in the southern assessment area). The 2010 ABC of 2,751 
mt is based on the 2005 assessment with a F40% FMSY proxy. To derive the 
2010 OY, the 40 10 harvest policy was applied to the ABC for both the 
northern and southern assessment areas. As a precautionary measure, an 
additional 25 percent reduction was made in the OY contribution for the 
southern area due to assessment uncertainty. As another precautionary 
measure, an additional 1,193 mt reduction was made in the coastwide OY 
due to preliminary results of the more pessimistic 2009 stock 
assessment. The coastwide OY is 1,200 mt in 2010.
    l/ Arrowtooth flounder was assessed in 2007 and was 
estimated to be at 79 percent of its unfished biomass in 2007. Because 
the stock is above B40, the OY is set equal to the 
ABC.
    m/ Starry Flounder was assessed for the first time in 
2005 and was estimated to be above 40 percent of its unfished biomass in 
2005. However, the stock was projected to decline below 40 percent in 
both the northern and southern areas after 2008. For 2010, the coastwide 
ABC of 1,578 mt is based on the 2005 assessment with a FMSY 
proxy of F40. To derive the OY of 1,077 mt, the 40-10 
harvest policy was applied to the ABC for both the northern and southern 
assessment areas then an additional 25 percent reduction was made due to 
assessment uncertainty.
    n/ ``Other flatfish'' are those flatfish species that do 
not have individual ABC/OYs and include butter sole, curlfin sole, 
flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. The 
other flatfish ABC is based on historical catch levels. The ABC of 6,731 
mt is based on the highest landings for sanddabs (1995) and rex sole 
(1982) for the 1981-2003 period and on the average landings from the 
1994-1998 period for the remaining other flatfish species. The OY of 
4,884 mt is based on the ABC with a 25 percent precautionary adjustment 
for sanddabs and rex sole and a 50 percent precautionary adjustment for 
the remaining species.
    o/ A POP stock assessment was prepared in 2005 and was 
updated in 2007. The stock assessment update estimated the stock to be 
at 27.5 percent of its unfished biomass in 2007. The ABC of 1,173 mt for 
the Vancouver and Columbia areas is based on the 2007 stock assessment 
update with an FMSY proxy of F50. The OY 
of 200 mt is based on a rebuilding plan with a target year to rebuild of 
2017 and an SPR harvest rate of 86.4 percent. The OY is reduced by 2.0 
mt for the amount anticipated to be taken during research activity and 
0.14 mt for the amount expected to be taken during EFP fishing.
    p/ Shortbelly rockfish remains an unexploited stock and 
is difficult to assess quantitatively. To understand the potential 
environmental determinants of fluctuations in the recruitment and 
abundance of an unexploited rockfish population in the California 
Current ecosystem, a non-quantitative assessment was conducted in 2007. 
The results of the assessment indicated the shortbelly stock was healthy 
with an estimated spawning stock biomass at 67 percent of its unfished 
biomass in 2005. The ABC and OY are being set at 6,950 mt which is 50 
percent of the 2008 ABC and OY values. The stock is expected to remain 
at its current

[[Page 329]]

equilibrium with these harvest specifications.
    q/ Widow rockfish was assessed in 2005, and an update was 
prepared in 2007. The stock assessment update estimated the stock to be 
at 36.2 percent of its unfished biomass in 2006. The ABC of 6,937 mt is 
based on the stock assessment update with an F50% FMSY proxy. The OY of 
509 mt is based on a rebuilding plan with a target year to rebuild of 
2015 and an SPR harvest rate or 95 percent. To derive the commercial 
harvest guideline of 447.4 mt, the OY is reduced by 1.1 mt for the 
amount anticipated to be taken during research activity, 45.5 mt for the 
tribal set-aside, 7.2 mt the amount estimated to be taken in the 
recreational fisheries, 0.4 mt for the amount expected to be taken 
incidentally in non-groundfish fisheries, and 7.4 mt for EFP fishing 
activities.
    r/ Canary rockfish--A canary rockfish stock assessment 
was completed in 2007 and the stock was estimated to be at 32.7 percent 
of its unfished biomass coastwide in 2007. The coastwide ABC of 940 mt 
is based on a FMSY proxy of F50. The OY of 
105 mt is based on a rebuilding plan with a target year to rebuild of 
2021 and a SPR harvest rate of 88.7 percent. To derive the commercial 
harvest guideline of 42.3 mt, the OY is reduced by 8.0 mt for the amount 
anticipated to be taken during research activity, 7.3 mt the tribal set-
aside, 43.8 mt the amount estimated to be taken in the recreational 
fisheries, 0.9 mt for the amount expected to be taken incidentally in 
non-groundfish fisheries, and 2.7 mt for the amount expected to be taken 
during EFP fishing. The following harvest guidelines are being specified 
for catch sharing in 2009: 19.7 mt for limited entry Non-Whiting Trawl, 
18.0 mt for limited entry Whiting Trawl, 2.2 mt for limited entry fixed 
gear, 2.5 mt for directed open access, 4.9 mt for Washington 
recreational, 16.0 mt for Oregon recreational, and 22.9 mt for 
California recreational.
    s/ Chilipepper rockfish was assessed in 2007 and the 
stock was estimated to be at 71 percent of its unfished biomass 
coastwide in 2007. The ABC of 2,576 mt is based on the new assessment 
with an FMSY proxy of F50. Because the 
unfished biomass is estimated to be above 40 percent of the unfished 
biomass, the default OY could be set equal to the ABC. However, the OY 
of 2,447 mt was the ABC reduced by 5 percent as a precautionary measure. 
Open access is allocated 44.3 percent (1,084 mt) of the commercial HG 
and limited entry is allocated 55.7 percent (1,363 mt) of the commercial 
HG.
    t/ A bocaccio stock assessment and a rebuilding analysis 
were prepared in 2007. The bocaccio stock was estimated to be at 13.8 
percent of its unfished biomass in 2007. The ABC of 793 mt for the 
Monterey-Conception area is based on the new stock assessment with an 
FMSY proxy of F50. The OY of 288 is based 
on a rebuilding plan with a target year to rebuild of 2026 and a SPR 
harvest rate of 77.7 percent. To derive the commercial harvest guideline 
of 206.4 mt, the OY is reduced by 2.0 mt for the amount anticipated to 
be taken during research activity, 67.3 mt for the amount estimated to 
be taken in the recreational fisheries, 1.3 mt for the amount expected 
to be taken incidentally in non-groundfish fisheries, and 11.0 mt for 
the amount expected to be taken during EFP fishing.
    u/ Splitnose rockfish--The ABC is 615 mt in the Monterey-
Conception area. The 461 mt OY for the area reflects a 25 percent 
precautionary adjustment because of the less rigorous stock assessment 
for this stock. In the north (Vancouver, Columbia and Eureka areas), 
splitnose is included within the minor slope rockfish OY. Because the 
harvest assumptions used to forecast future harvest were likely 
overestimates, carrying the previously used ABCs and OYs forward into 
2010 was considered to be conservative and based on the best available 
data.
    v/ Yellowtail rockfish--A yellowtail rockfish stock 
assessment was prepared in 2005 for the Vancouver, Columbia, Eureka 
areas. Yellowtail rockfish was estimated to be above 40 percent of its 
unfished biomass in 2005. The ABC of 4,562 mt is based on the 2005 stock 
assessment with the FMSY proxy of F50. The 
OY of 4,562 mt was set equal to the ABC, because the stock is above the 
precautionary threshold of B40.
    w/ Shortspine thornyhead was assessed in 2005 and the 
stock was estimated to be at 63 percent of its unfished biomass in 2005. 
The ABC of 2,411 mt is based on a F50 FMSY 
proxy. For that portion of the stock (66 percent of the biomass) north 
of Point Conception (34[deg]27[min] N. lat.), the OY of 1,591 mt was set 
at equal to the ABC because the stock is estimated to be above the 
precautionary threshold. For that portion of the stock south of 
34[deg]27[min] N. lat. (34 percent of the biomass), the OY of 410 mt was 
the portion of the ABC for the area reduced by 50 percent as a 
precautionary adjustment due to the short duration and amount of survey 
data for that area.
    x/ Longspine thornyhead was assessed coastwide in 2005 
and the stock was estimated to be at 71 percent of its unfished biomass 
in 2005. The coastwide ABC of 3,671 mt is based on a 
F50 FMSY proxy. The OY is set equal to the 
ABC because the stock is above the precautionary threshold. Separate OYs 
are being established for the areas north and south of 34[deg]27[min] N. 
lat. (Point Conception). The OY of 2,175 mt for that portion of the 
stock in the northern area (79 percent) was the ABC reduced by 25 
percent as a precautionary adjustment. For that portion of the stock in 
the southern area (21 percent), the OY of 385 mt was the portion of the 
ABC

[[Page 330]]

for the area reduced by 50 percent as a precautionary adjustment due to 
the short duration and amount of survey data for that area.
    y/ Cowcod in the Conception area was assessed in 2007 and 
the stock was estimated to be between 3.4 to 16.3 percent of its 
unfished biomass. The ABC for the Monterey and Conception areas is 14 mt 
and is based on the 2007 rebuilding analysis in which the Conception 
area stock assessment projection was doubled to account for both areas. 
A single OY of 4 mt is being set for both areas. The OY of 4 mt is based 
on the need to conform the 2010 cowcod harvest specifications to the 
Court's Order in Natural Resources Defense Council v. Locke, Civil 
Action No. C 01-0421 JL. The amount anticipated to be taken during 
scientific research activity is 0.2 mt and the amount expected to be 
taken during EFP activity is 0.24 mt.
    z/ Darkblotched rockfish was assessed in 2007 and a 
rebuilding analysis was prepared. The new stock assessment estimated the 
stock to be at 22.4 percent of its unfished biomass in 2007. The ABC is 
projected to be 440 mt and is based on the 2007 stock assessment with an 
FMSY proxy of F\50%\. The OY of 330 mt is based on the need 
to conform the 2010 darkblotched rockfish harvest specifications to the 
Court's Order in Natural Resources Defense Council v. Locke, Civil 
Action No. C 01-0421 JL. The amount anticipated to be taken during 
scientific research activity is 2.0 mt and the amount anticipated to be 
taken during EFP activity is 0.95 mt.
    aa/ Yelloweye rockfish was fully assessed in 2006 and an 
assessment update was completed in 2007. The 2007 stock assessment 
update estimated the spawning stock biomass in 2006 to be at 14 percent 
of its unfished biomass coastwide. The 32 mt coastwide ABC was derived 
from the base model in the new stock assessment with an FMSY 
proxy of F\50%\. The 14 mt OY is based on the need to conform the 2010 
yelloweye rockfish harvest specifications to the Court's Order in 
Natural Resources Defense Council v. Locke, Civil Action No. C 01-0421 
JL. The amount anticipated to be taken during scientific research 
activity is 1.3 mt, the amount anticipated to be taken in the tribal 
fisheries is 2.3 mt, and the amount anticipated to be taken incidentally 
in non-groundfish fisheries is 0.3 mt. The catch sharing harvest 
guidelines for yelloweye rockfish in 2010 are: Limited entry non-whiting 
trawl 0.3 mt, limited entry whiting 0.0 mt, limited entry fixed gear 0.8 
mt, directed open access 1.2 mt, Washington recreational 2.6 mt, Oregon 
recreational 2.3 mt, California recreational 2.7 mt, and 0.2 mt for 
exempted fishing.
    bb/ California Scorpionfish south of 34[deg]27[min] N. 
lat. (point Conception) was assessed in 2005 and was estimated to be 
above 40 percent of its unfished biomass in 2005. The ABC of 155 mt is 
based on the new assessment with a harvest rate proxy of 
F50. Because the stock is above 
B40 coastwide, the OY is set equal to the ABC.
    cc/ New assessments were prepared for black rockfish 
south of 45[deg]56.00 N. lat. (Cape Falcon, Oregon) and for black 
rockfish north of Cape Falcon. The ABC for the area north of 
46[deg]16[min] N. lat. (Washington) is 464 mt (97 percent) of the 478 mt 
ABC contribution from the northern assessment area. The ABC for the area 
south of 46[deg]16[min] N. lat. (Oregon and California) is 1,317 mt 
which is the sum of a contribution of 14 mt (3 percent) from the 
northern area assessment, and 1,303 mt from the southern area 
assessment. The ABCs were derived using an FMSY proxy of F50%. Because 
both portions of the stock are above 40 percent, the OYs could be set 
equal to the ABCs. For the area north of 46[deg]16[min] N. lat., the OY 
of 490 mt is set equal to the ABC. The following tribal harvest 
guidelines are being set: 30,000 lb (13.6 mt) north of Cape Alava, WA 
(48[deg]09.50[min] N. lat.) and 10,000 lb (4.5 mt) between Destruction 
Island, WA (47[deg]40[min] N. lat.) and Leadbetter Point, WA 
(46[deg]38.17[min] N. lat.) For the area south of 46[deg]16[min] N. 
lat., the OY of 1,000 mt is a constant harvest level. The black rockfish 
OY in the area south of 46[deg]16[min] N. lat., is subdivided with 
separate HGs being set for the area north of 42[deg] N. lat. (580 mt/58 
percent) and for the area south of 42[deg] N. lat. (420 mt/42 percent).
    dd/ Minor rockfish north includes the ``remaining 
rockfish'' and ``other rockfish'' categories in the Vancouver, Columbia, 
and Eureka areas combined. These species include ``remaining rockfish'', 
which generally includes species that have been assessed by less 
rigorous methods than stock assessments, and ``other rockfish'', which 
includes species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to the 
remaining rockfish. The ABC of 3,678 mt is the sum of the individual 
``remaining rockfish'' ABCs plus the ``other rockfish'' ABCs. The 
remaining rockfish ABCs continue to be reduced by 25 percent (F = 0.75M) 
as a precautionary adjustment. To obtain the total catch OY of 2,283 mt, 
the remaining rockfish ABCs were further reduced by 25 percent and other 
rockfish ABCs were reduced by 50 percent. This was a precautionary 
measure to address limited stock assessment information.
    ee/ Minor rockfish south includes the ``remaining 
rockfish'' and ``other rockfish'' categories in the Monterey and 
Conception areas combined. These species include ``remaining rockfish'' 
which generally includes species that have been assessed by less 
rigorous methods than stock assessment, and ``other rockfish'' which 
includes species that do not have quantifiable stock assessments. Blue 
rockfish has been removed from the ``other rockfish'' and added to the 
remaining rockfish. The ABC of 3,382 mt is the sum of

[[Page 331]]

the individual ``remaining rockfish'' ABCs plus the ``other rockfish'' 
ABCs. The remaining rockfish ABCs continue to be reduced by 25 percent 
(F = 0.75M) as a precautionary adjustment. The remaining rockfish ABCs 
are further reduced by 25 percent, with the exception of blackgill 
rockfish (see footnote gg). The other rockfish ABCs were reduced by 50 
percent. This was a precautionary measure due to limited stock 
assessment information. The resulting minor rockfish OY is 1,990 mt.
    ff/ Bank rockfish--The ABC is 350 mt which is based on a 
2000 stock assessment for the Monterey and Conception areas. This stock 
contributes 263 mt towards the minor rockfish OY in the south.
    gg/ Blackgill rockfish in the Monterey and Conception 
areas was assessed in 2005 and is estimated to be at 49.9 percent of its 
unfished biomass in 2008. The ABC of 292 mt for the Monterey and 
Conception areas is based on the 2005 stock assessment with an 
FMSY proxy of F50 and is the two year 
average ABC for the 2007 and 2008 periods. This stock contributes 292 mt 
towards minor rockfish south.
    hh/ ``Other rockfish'' includes rockfish species listed 
in 50 CFR 660.302. A new stock assessment was conducted for blue 
rockfish in 2007. As a result of the new stock assessment, the blue 
rockfish contribution to the other rockfish group, of 30 mt in the north 
and 232 mt in the south, are removed. A new contribution of 28 mt 
contribution in the north and 202 mt contribution in the south is added 
to the remaining rockfish. The ABC for the remaining species is based on 
historical data from a 1996 review landings and includes an estimate of 
recreational landings. Most of these species have never been assessed 
quantitatively.
    ii/ Longnose skate was fully assessed in 2006 and an 
assessment update was completed in 2007. The ABC of 3,428 is based on 
the 2007 with an FMSY proxy of F45. 
Longnose skate was previously managed as part of the Other Fish complex. 
The 2009 OY of 1,349 mt is a precautionary OY based on historical total 
catch increased by 50 percent.
    jj/ ``Other fish'' includes sharks, skates, rays, 
ratfish, morids, grenadiers, kelp greenling, and other groundfish 
species noted above in footnote d/. The longnose skate contribution is 
being removed from this complex.
    kk/ Sablefish allocation north of 36* N. lat.--The 
limited entry allocation is further divided with 58 percent allocated to 
the trawl fishery and 42 percent allocated to the fixed-gear fishery.
    ll/ Specific open access/limited entry allocations 
specified in the FMP have been suspended during the rebuilding period as 
necessary to meet the overall rebuilding target while allowing harvest 
of healthy stocks.

[74 FR 9923, Mar. 6, 2009, as amended at 74 FR 65483, Dec. 10, 2009; 75 
FR 8825, Feb. 26, 2010; 75 FR 23626, May 4, 2010; 75 FR 38033, July 1, 
2010; 75 FR 39180, July 8, 2010]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 332]]



   Sec. Table 3 (North) to Part 660, Subpart G--2010 Trip Limits for 
        Limited Entry Trawl Gear North of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR16JY10.037


[[Page 333]]


[GRAPHIC] [TIFF OMITTED] TR16JY10.038


[[Page 334]]


[GRAPHIC] [TIFF OMITTED] TR16JY10.039


[75 FR 41385, July 16, 2010]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 335]]



   Sec. Table 3 (South) to Part 660, Subpart G--2010 Trip Limits for 
        Limited Entry Trawl Gear South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR23AU10.046


[[Page 336]]


[GRAPHIC] [TIFF OMITTED] TR23AU10.047


[75 FR 51686, Aug. 23, 2010]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 337]]



 Sec. Table 4 (North) to Part 660, Subpart G--2009-2010 Trip Limits for 
        Limited Entry Fixed Gear North of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR23AU10.048


[75 FR 51686, Aug. 23, 2010]

[[Page 338]]


    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.



Sec. Table 4 (South) to Part 660, Subpart G-- 2009-2010 Trip Limits for 
        Limited Entry Fixed Gear South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR23AU10.049


[[Page 339]]


[GRAPHIC] [TIFF OMITTED] TR23AU10.050


[75 FR 51686, Aug. 23, 2010]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 340]]



 Sec. Table 5 (North) to Part 660, Subpart G--2009-2010 Trip Limits for 
            Open Access Gears North of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR23AU10.051


[[Page 341]]


[GRAPHIC] [TIFF OMITTED] TR23AU10.052


[75 FR 51686, Aug. 23, 2010]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 342]]



 Sec. Table 5 (South) to Part 660, Subpart G--2009-2010 Trip Limits for 
            Open Access Gears South of 40[deg]10[min] N. Lat.
[GRAPHIC] [TIFF OMITTED] TR06JY09.010


[[Page 343]]


[GRAPHIC] [TIFF OMITTED] TR06JY09.011


[74 FR 31878, July 6, 2009]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Tables 1a through 2c and Tables 3 (North) through 5 
(South) to part 660, subpart G, effective Nov. 1, 2010.

[[Page 344]]



 Sec. Figure 1 to Subpart G of Part 660--Diagram of Selective Flatfish 
                                  Trawl
[GRAPHIC] [TIFF OMITTED] TR23DE04.030


[69 FR 77112, Dec. 23, 2004]

    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, subpart G was 
amended by removing Figure 1 to part 660, subpart G, effective Nov. 1, 
2010.

[[Page 345]]


    Effective Date Notes: 1. At 75 FR 60995, Oct. 1, 2010, Sec. Sec. 
660.390 through 660.399, subpart G were redesignated as Sec. Sec. 
660.70 through 660.79, subpart C, effective Nov. 1, 2010.
    2. At 75 FR 60995, Oct. 1, 2010, subpart G was revised, effective 
Nov. 1, 2010. For the convenience of the user, the revised text is set 
forth as follows:



         Subpart G_West Coast Groundfish_Recreational Fisheries



Sec. 660.350  Purpose and scope.

    This subpart covers the Pacific Coast Groundfish recreational 
fishery.



Sec. 660.351  Recreational fishery--definitions.

    These definitions are specific to the recreational fisheries covered 
in this subpart. General groundfish definitions are defined at Sec. 
660.11, subpart C.
    Bag limit means the number of fish available to an angler.
    Boat limit means the number of fish available to for a vessel or 
boat.
    Hook limit means a limit on the number of hooks on any given fishing 
line.



Sec. 660.352  Recreational fishery--prohibitions.

    These prohibitions are specific to the recreational fisheries. 
General groundfish prohibitions are found at Sec. 660.12, subpart C. In 
addition to the general groundfish prohibitions specified in Sec. 
600.12, subpart C, 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) Use fishing gear other than hook-and-line or spear for 
recreational fishing.



Sec. 660.353  Recreational fishery--recordkeeping and reporting.

    Recordkeeping and reporting requirements at Sec. 660.13 (a) through 
(c), subpart C, apply to the recreational fishery.



Sec. 660.360  Recreational fishery-management measures.

    (a) General. Federal recreational groundfish regulations are not 
intended to supersede any more restrictive state recreational groundfish 
regulations relating to federally-managed groundfish. The bag limits 
include fish taken in both state and Federal waters.
    (b) Gear restrictions. The only types of fishing gear authorized for 
recreational fishing are hook-and-line and spear. Spears may be 
propelled by hand or by mechanical means. More fishery-specific gear 
restrictions may be required by state as noted in paragraph (c) of this 
section (e.g. California's recreational ``other flatfish'' fishery).
    (c) State-specific recreational fishery management measures. Federal 
recreational groundfish regulations are not intended to supersede any 
more restrictive State recreational groundfish regulations relating to 
federally-managed groundfish. Off the coast of Washington, Oregon, and 
California, boat limits apply, whereby each fisher aboard a vessel may 
continue to use angling gear until the combined daily limits of 
groundfish for all licensed and juvenile anglers aboard has been 
attained (additional state restrictions on boat limits may apply).
    (1) Washington. For each person engaged in recreational fishing off 
the coast of Washington, the groundfish bag limit is 15 groundfish per 
day, including rockfish and lingcod, and is open year-round (except for 
lingcod). In the Pacific halibut fisheries, retention of groundfish is 
governed in part by annual management measures for Pacific halibut 
fisheries, which are published in the Federal Register. South of 
Leadbetter Point, WA to the Washington/Oregon border, when Pacific 
halibut are onboard the vessel, no groundfish may be taken and retained, 
possessed or landed, except sablefish and Pacific cod. The following 
sublimits and closed areas apply:
    (i) Recreational groundfish conservation areas off Washington--(A) 
North coast recreational yelloweye rockfish conservation area. 
Recreational fishing for groundfish and halibut is prohibited within the 
North Coast Recreational Yelloweye Rockfish Conservation Area (YRCA). It 
is unlawful for recreational fishing vessels to take and retain, 
possess, or land groundfish taken with recreational gear within the 
North Coast Recreational YRCA. A vessel fishing in the North Coast 
Recreational YRCA may not be in possession of any groundfish. 
Recreational vessels may transit through the North Coast Recreational 
YRCA with or without groundfish on board. The North Coast Recreational 
YRCA is defined by latitude and longitude coordinates specified at Sec. 
660.70, subpart C.
    (B) South coast recreational yelloweye rockfish conservation area. 
Recreational fishing for groundfish and halibut is prohibited within the 
South Coast Recreational YRCA. It is unlawful for recreational fishing 
vessels to take and retain, possess, or land groundfish taken with 
recreational gear within the South Coast Recreational YRCA. A vessel 
fishing in the South Coast Recreational YRCA may not be in possession of 
any groundfish. Recreational vessels may transit through the South Coast 
Recreational YRCA with or without groundfish on board. The South Coast 
Recreational YRCA is defined by latitude and longitude coordinates 
specified at Sec. 660.70, subpart C.
    (C) Westport offshore recreational yelloweye rockfish conservation 
area. Recreational fishing for groundfish and halibut is prohibited 
within the Westport Offshore Recreational YRCA. It is unlawful for 
recreational fishing vessels to take and retain, possess, or land 
groundfish taken with recreational gear within the Westport Offshore 
Recreational

[[Page 346]]

YRCA. A vessel fishing in the Westport Offshore Recreational YRCA may 
not be in possession of any groundfish. Recreational vessels may transit 
through the Westport Offshore Recreational YRCA with or without 
groundfish on board. The Westport Offshore Recreational YRCA is defined 
by latitude and longitude coordinates specified at Sec. 660.70, subpart 
C.
    (D) Recreational rockfish conservation area. Fishing for groundfish 
with recreational gear is prohibited within the recreational RCA. It is 
unlawful to take and retain, possess, or land groundfish taken with 
recreational gear within the recreational RCA. A vessel fishing in the 
recreational RCA may not be in possession of any groundfish. [For 
example, if a vessel fishes in the recreational salmon fishery within 
the RCA, the vessel cannot be in possession of groundfish while in the 
RCA. The vessel may, however, on the same trip fish for and retain 
groundfish shoreward of the RCA on the return trip to port.]
    (1) Between the U.S. border with Canada and the Queets River, 
recreational fishing for groundfish is prohibited seaward of a boundary 
line approximating the 20-fm (37-m) depth contour from May 21 through 
September 30, except on days when the Pacific halibut fishery is open in 
this area. Days open to Pacific halibut recreational fishing off 
Washington are announced on the NMFS hotline at (206) 526-6667 or (800) 
662-9825. Coordinates for the boundary line approximating the 20-fm (37-
m) depth contour are listed in Sec. 660.71, subpart C.
    (2) Between the Queets River and Leadbetter Point, recreational 
fishing for groundfish is prohibited seaward of a boundary line 
approximating the 30-fm (55-m) depth contour from March 15 through June 
15, except that recreational fishing for sablefish and Pacific cod is 
permitted within the recreational RCA from May 1 through June 15, and on 
days that the primary halibut fishery is open lingcod may be taken, 
retained and possessed seaward of the boundary line approximating the 
30-fm (55-m) depth contour. Days open to Pacific halibut recreational 
fishing off Washington are announced on the NMFS hotline at (206) 526-
6667 or (800) 662-9825. Retention of lingcod seaward of the boundary 
line approximating the 30-fm (55-m) depth contour south of 
46[deg]58[min] N. lat. is prohibited on Fridays and Saturdays from July 
1 through August 31. For additional regulations regarding the Washington 
recreational lingcod fishery, see paragraph (c)(1)(iii) of this section. 
Coordinates for the boundary line approximating the 30-fm (55-m) depth 
contour are listed in Sec. 660.71.
    (ii) Rockfish. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing, there is a 10 rockfish per day 
bag limit. Taking and retaining canary rockfish and yelloweye rockfish 
is prohibited.
    (iii) Lingcod. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing and when the recreational season 
for lingcod is open, there is a bag limit of 2 lingcod per day, which 
may be no smaller than 22 in (56 cm) total length. The recreational 
fishing season for lingcod is open as follows:
    (A) Between the U.S./Canada border to 48[deg]10[min] N. lat. (Cape 
Alava) (Washington Marine Area 4), recreational fishing for lingcod is 
open, for 2009, from April 16 through October 15, and for 2010, from 
April 16 through October 15.
    (B) Between 48[deg]10[min] N. lat. (Cape Alava) and 46[deg]16[min] 
N. lat. (Washington/Oregon border) (Washington Marine Areas 1-3), 
recreational fishing for lingcod is open for 2009, from March 14 through 
October 17, and for 2010, from March 13 through October 16.
    (2) Oregon--(i) Recreational groundfish conservation areas off 
Oregon--(A) Stonewall Bank yelloweye rockfish conservation area. 
Recreational fishing for groundfish and halibut is prohibited within the 
Stonewall Bank YRCA. It is unlawful for recreational fishing vessels to 
take and retain, possess, or land groundfish taken with recreational 
gear within the Stonewall Bank YRCA. A vessel fishing in the Stonewall 
Bank YRCA may not be in possession of any groundfish. Recreational 
vessels may transit through the Stonewall Bank YRCA with or without 
groundfish on board. The Stonewall Bank YRCA is defined by latitude and 
longitude coordinates specified at Sec. 660.70, subpart C.
    (B) Recreational rockfish conservation area. Fishing for groundfish 
with recreational gear is prohibited within the recreational RCA, a type 
of closed area or GCA. It is unlawful to take and retain, possess, or 
land groundfish taken with recreational gear within the recreational 
RCA. A vessel fishing in the recreational RCA may not be in possession 
of any groundfish. [For example, if a vessel fishes in the recreational 
salmon fishery within the RCA, the vessel cannot be in possession of 
groundfish while in the RCA. The vessel may, however, on the same trip 
fish for and retain groundfish shoreward of the RCA on the return trip 
to port.] Off Oregon, from April 1 through September 30, recreational 
fishing for groundfish is prohibited seaward of a recreational RCA 
boundary line approximating the 40 fm (73 m) depth contour. Coordinates 
for the boundary line approximating the 40 fm (73 m) depth contour are 
listed at Sec. 660.71.
    (C) Essential fish habitat conservation areas. The Essential Fish 
Habitat Conservation Areas (EFHCAs) are closed areas, defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.76 through 
660.79, where specified types of fishing are prohibited. Prohibitions 
applying to specific EFHCAs are found at Sec. 660.12.

[[Page 347]]

    (ii) Seasons. Recreational fishing for groundfish is open from 
January 1 through December 31, subject to the closed areas described in 
paragraph (c) of this section.
    (iii) Bag limits, size limits. The bag limits for each person 
engaged in recreational fishing in the EEZ seaward of Oregon are three 
lingcod per day, which may be no smaller than 22 in (56 cm) total 
length; and 10 marine fish per day, which excludes Pacific halibut, 
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod, 
striped bass, hybrid bass, offshore pelagic species and baitfish 
(herring, smelt, anchovies and sardines), but which includes rockfish, 
greenling, cabezon and other groundfish species. The bag limit for all 
flatfish is 25 fish per day, which excludes Pacific halibut, but which 
includes all soles, flounders and Pacific sanddabs. In the Pacific 
halibut fisheries, retention of groundfish is governed in part by annual 
management measures for Pacific halibut fisheries, which are published 
in the Federal Register. Between the Oregon border with Washington and 
Cape Falcon, when Pacific halibut are onboard the vessel, groundfish may 
not be taken and retained, possessed or landed, except sablefish and 
Pacific cod. Between Cape Falcon and Humbug Mountain, during days open 
to the Oregon Central Coast ``all-depth'' sport halibut fishery, when 
Pacific halibut are onboard the vessel, no groundfish may be taken and 
retained, possessed or landed, except sablefish and Pacific cod. ``All-
depth'' season days are established in the annual management measures 
for Pacific halibut fisheries, which are published in the Federal 
Register and are announced on the NMFS halibut hotline, 1-800-662-9825. 
The minimum size limit for cabezon retained in the recreational fishery 
is 16-in (41-cm), and for greenling is 10-in (26-cm). Taking and 
retaining canary rockfish and yelloweye rockfish is prohibited at all 
times and in all areas.
    (3) California. Seaward of California, California law provides that, 
in times and areas when the recreational fishery is open, there is a 20 
fish bag limit for all species of finfish, within which no more than 10 
fish of any one species may be taken or possessed by any one person. 
[Note: There are some exceptions to this rule. The following groundfish 
species are not subject to a bag limit: Petrale sole, Pacific sanddab 
and starry flounder.] For groundfish species not specifically mentioned 
in this paragraph, fishers are subject to the overall 20-fish bag limit 
for all species of finfish and the depth restrictions at paragraph 
(c)(3)(i) of this section. Recreational spearfishing for all federally-
managed groundfish, except lingcod during January, February, March, and 
December, is exempt from closed areas and seasons, consistent with Title 
14 of the California Code of Regulations. This exemption applies only to 
recreational vessels and divers provided no other fishing gear, except 
spearfishing gear, is on board the vessel. California state law may 
provide regulations similar to Federal regulations for the following 
state-managed species: Ocean whitefish, California sheephead, and all 
greenlings of the genus Hexagrammos. Kelp greenling is the only 
federally-managed greenling. Retention of cowcod, yelloweye rockfish, 
and canary rockfish is prohibited in the recreational fishery seaward of 
California all year in all areas. For each person engaged in 
recreational fishing in the EEZ seaward of California, the following 
closed areas, seasons, bag limits, and size limits apply:
    (i) Recreational groundfish conservation areas off California. A 
Groundfish Conservation Area (GCA), a type of closed area, is a 
geographic area defined by coordinates expressed in degrees latitude and 
longitude. The following GCAs apply to participants in California's 
recreational fishery.
    (A) Recreational rockfish conservation areas. The recreational RCAs 
are areas that are closed to recreational fishing for groundfish. 
Fishing for groundfish with recreational gear is prohibited within the 
recreational RCA, except that recreational fishing for ``other 
flatfish'' is permitted within the recreational RCA as specified in 
paragraph (c)(3)(iv) of this section. It is unlawful to take and retain, 
possess, or land groundfish taken with recreational gear within the 
recreational RCA, unless otherwise authorized in this section. A vessel 
fishing in the recreational RCA may not be in possession of any species 
prohibited by the restrictions that apply within the recreational RCA. 
[For example, if a vessel fishes in the recreational salmon fishery 
within the RCA, the vessel cannot be in possession of rockfish while in 
the RCA. The vessel may, however, on the same trip fish for and retain 
rockfish shoreward of the RCA on the return trip to port.]
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10.00[min] N. lat. (North Region), recreational fishing for all 
groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the 20-fm (37-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 15 through September 15; and is closed entirely from 
January 1 through May 14 and from September 16 through December 31 
(i.e., prohibited seaward of the shoreline).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North-Central North of Point Arena Region), recreational fishing for 
all groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the 20-fm (37-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 15 through August 15; and is closed entirely from 
January 1 through May 14 and from August 16

[[Page 348]]

through December 31 (i.e., prohibited seaward of the shoreline).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North-Central South of Point Arena Region), recreational fishing for 
all groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the boundary line 
approximating the 30-fm (55-m) depth contour along the mainland coast 
and along islands and offshore seamounts from June 13 through October 
31; and is closed entirely from January 1 through June 12 and from 
November 1 through December 31 (i.e., prohibited seaward of the 
shoreline). Closures around the Farallon Islands (see paragraph 
(c)(3)(i)(C) of this section) and Cordell Banks (see paragraph 
(c)(3)(i)(D) of this section) also apply in this area. Coordinates for 
the boundary line approximating the 30-fm (55-m) depth contour are 
listed in Sec. 660.71.
    (4) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South-Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) 
is prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 1 through November 15; and is closed entirely from 
January 1 through April 30 and from November 16 through December 31 
(i.e., prohibited seaward of the shoreline). Coordinates for the 
boundary line approximating the 40-fm (73-m) depth contour are specified 
in Sec. 660.71.
    (5) Between 36[deg] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) 
is prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 1 through November 15; and is closed entirely from 
January 1 through April 30 and from November 16 through December 31 
(i.e., prohibited seaward of the shoreline). Coordinates for the 
boundary line approximating the 40-fm (73-m) depth contour are specified 
in Sec. 660.71.
    (6) South of 34[deg]27[min] N. lat. (South Region), recreational 
fishing for all groundfish (except California scorpionfish as specified 
below in this paragraph and in paragraph (v) of this section and ``other 
flatfish'' as specified in paragraph (c)(3)(iv) of this section) is 
prohibited seaward of a boundary line approximating the 60-fm (110-m) 
depth contour from March 1 through December 31 along the mainland coast 
and along islands and offshore seamounts, except in the CCAs where 
fishing is prohibited seaward of the 20-fm (37-m) depth contour when the 
fishing season is open (see paragraph (c)(3)(i)(B) of this section). 
Recreational fishing for all groundfish (except California scorpionfish 
and ``other flatfish'') is closed entirely from January 1 through 
February 28 (i.e., prohibited seaward of the shoreline). Recreational 
fishing for California scorpionfish south of 34[deg]27[min] N. lat. is 
prohibited seaward of a boundary line approximating the 40-fm (73-m) 
depth contour from January 1 through February 28, and seaward of the 60-
fm (110-m) depth contour from March 1 through December 31, except in the 
CCAs where fishing is prohibited seaward of the 20-fm (37-m) depth 
contour when the fishing season is open. Coordinates for the boundary 
line approximating the 40-fm (73-m) and 60-fm (110-m) depth contours are 
specified in Sec. Sec. 660.71 and 660.72.
    (B) Cowcod conservation areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec. 660.70, subpart C. In general, recreational fishing 
for all groundfish is prohibited within the CCAs, except that fishing 
for ``other flatfish'' is permitted within the CCAs as specified in 
paragraph (c)(3)(iv) of this section. However, recreational fishing for 
the following species is permitted shoreward of the 20 fm (37 m) depth 
contour when the season for those species is open south of 
34[deg]27[min] N. lat.: Minor nearshore rockfish, cabezon, kelp 
greenling, lingcod, California scorpionfish, and ``other flatfish'' 
(subject to gear requirements at paragraph (c)(3)(iv) of this section 
during January-February). [Note: California state regulations also 
permit recreational fishing for California sheephead, ocean whitefish, 
and all greenlings of the genus Hexagrammos shoreward of the 20 fm (37 
m) depth contour in the CCAs when the season for the RCG complex is open 
south of 34[deg]27[min] N. lat.] It is unlawful to take and retain, 
possess, or land groundfish within the CCAs, except for species 
authorized in this section.
    (C) Farallon islands. Under California state law, recreational 
fishing for groundfish is prohibited between the shoreline and the 10-fm 
(18-m) depth contour around the Farallon Islands, except that 
recreational fishing for ``other flatfish'' is permitted around the 
Farallon Islands as specified in paragraph (c)(3)(iv) of this section. 
(Note: California state regulations also prohibit the retention of other 
greenlings of the genus Hexagrammos, California sheephead and ocean 
whitefish.) For a definition of the Farallon Islands, see Sec. 660.70, 
subpart C.
    (D) Cordell Banks. Recreational fishing for groundfish is prohibited 
in waters less than 100 fm (183 m) around Cordell Banks as defined by 
specific latitude and longitude coordinates at Sec. 660.70, subpart C, 
except that recreational fishing for ``other flatfish'' is permitted 
around Cordell Banks as specified in paragraph (c)(3)(iv) of this 
section. [Note: California state regulations also prohibit fishing for 
all greenlings of the genus Hexagrammos, California sheephead and ocean 
whitefish.]

[[Page 349]]

    (E) Point St. George yelloweye rockfish conservation area (YRCA). 
Recreational fishing for groundfish is prohibited within the Point St. 
George YRCA, as defined by latitude and longitude coordinates at Sec. 
660.70, subpart C, on dates when the closure is in effect. The closure 
is not in effect at this time, and recreational fishing for groundfish 
is open within the Point St. George YRCA from January 1 through December 
31. This closure may be imposed through inseason adjustment.
    (F) South reef YRCA. Recreational fishing for groundfish is 
prohibited within the South Reef YRCA, as defined by latitude and 
longitude coordinates at Sec. 660.70, subpart C, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
recreational fishing for groundfish is open within the South Reef YRCA 
from January 1 through December 31. This closure may be imposed through 
inseason adjustment.
    (G) Reading Rock YRCA. Recreational fishing for groundfish is 
prohibited within the Reading Rock YRCA, as defined by latitude and 
longitude coordinates at Sec. 660.70, subpart C, on dates when the 
closure is in effect. The closure is not in effect at this time, and 
recreational fishing for groundfish is open within the Reading Rock YRCA 
from January 1 through December 31. This closure may be imposed through 
inseason adjustment.
    (H) Point Delgada (North) YRCA. Recreational fishing for groundfish 
is prohibited within the Point Delgada (North) YRCA, as defined by 
latitude and longitude coordinates at Sec. 660.70, subpart C, on dates 
when the closure is in effect. The closure is not in effect at this 
time, and recreational fishing for groundfish is open within the Point 
Delgada (North) YRCA from January 1 through December 31. This closure 
may be imposed through inseason adjustment.
    (I) Point Delgada (South) YRCA. Recreational fishing for groundfish 
is prohibited within the Point Delgada (South) YRCA, as defined by 
latitude and longitude coordinates at Sec. 660.70, subpart C, on dates 
when the closure is in effect. The closure is not in effect at this 
time, and recreational fishing for groundfish is open within the Point 
Delgada (South) YRCA from January 1 through December 31. This closure 
may be imposed through inseason adjustment.
    (J) Essential fish habitat conservation areas. The Essential Fish 
Habitat Conservation Areas (EFHCAs) are closed areas, defined by 
specific latitude and longitude coordinates at Sec. Sec. 660.76 through 
660.79, subpart C where specified types of fishing are prohibited. 
Prohibitions applying to specific EFHCAs are found at Sec. 660.12, 
subpart C.
    (ii) RCG complex. The California rockfish, cabezon, greenling 
complex (RCG Complex), as defined in state regulations (Section 1.91, 
Title 14, California Code of Regulations), includes all rockfish, kelp 
greenling, rock greenling, and cabezon. This category does not include 
California scorpionfish, also known as ``sculpin''.
    (A) Seasons. When recreational fishing for the RCG complex is open, 
it is permitted only outside of the recreational RCAs described in 
paragraph (c)(3)(i) of this section.
    (1) Between 42 [deg]N. lat. (California/Oregon border) and 
40[deg]10[min] N. lat. (North Region), recreational fishing for the RCG 
complex is open from May 15 through September 15 (i.e. it's closed from 
January 1 through May 14 and from September 16 through December 31).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North Central North of Point Arena Region), recreational fishing for 
the RCG Complex is open from May 15 through August 15 (i.e. it's closed 
from January 1 through May 14 and May 16 through December 31).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North Central South of Point Arena Region), recreational fishing for 
the RCG complex is open from June 13 through October 31 (i.e. it's 
closed from January 1 through June 12 and November 1 through December 
31.
    (4) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South-Central Region), recreational fishing for the RCG complex is open 
from May 1 through November 15 (i.e. it's closed from January 1 through 
April 30 and from November 16 through December 31).
    (5) Between 36[min] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region), recreational fishing for the RCG Complex is open 
from May 1 through November 15 (i.e. it's closed from January 1 through 
April 30 and from November 16 through December 31).
    (6) South of 34[deg]27[min] N. lat. (South Region), recreational 
fishing for the RCG Complex is open from March 1 through December 31 
(i.e. it's closed from January 1 through February 28.
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for the RCG Complex is open, there is a limit of 2 
hooks and 1 line when fishing for rockfish. The bag limit is 10 RCG 
Complex fish per day coastwide. Retention of canary rockfish, yelloweye 
rockfish, bronzespotted and cowcod is prohibited. Within the 10 RCG 
Complex fish per day limit, no more than 2 may be bocaccio, no more than 
2 may be greenling (kelp and/or other greenlings) and no more than 2 may 
be cabezon. Multi-day limits are authorized by a valid permit issued by 
California and must not exceed the daily limit multiplied by the number 
of days in the fishing trip.
    (C) Size limits. The following size limits apply: Bocaccio may be no 
smaller than 10 in (25 cm) total length; cabezon may be no smaller than 
15 in (38 cm) total length; and kelp and other greenling may be no 
smaller than 12 in (30 cm) total length.
    (D) Dressing/filleting. Cabezon, kelp greenling, and rock greenling 
taken in the recreational fishery may not be filleted at

[[Page 350]]

sea. Rockfish skin may not be removed when filleting or otherwise 
dressing rockfish taken in the recreational fishery. The following 
rockfish filet size limits apply: Bocaccio filets may be no smaller than 
5 in (12.8 cm) and brown-skinned rockfish fillets may be no smaller than 
6.5 in (16.6 cm). ``Brown-skinned'' rockfish include the following 
species: Brown, calico, copper, gopher, kelp, olive, speckled, 
squarespot, and yellowtail.
    (iii) Lingcod--(A) Seasons. When recreational fishing for lingcod is 
open, it is permitted only outside of the recreational RCAs described in 
paragraph (c)(3)(i) of this section.
    (1) Between 42 [deg]N. lat. (California/Oregon border) and 
40[deg]10.00[min] N. lat. (North Region), recreational fishing for 
lingcod is open from May 15 through September 15 (i.e. it's closed from 
January 1 through May 14 and from September 16 through December 31).
    (2) Between 40[deg]10[min] N. lat. and 38[deg]57.50[min] N. lat. 
(North Central North of Point Arena Region), recreational fishing for 
lingcod is open from May 15 through August 15 (i.e. it's closed from 
January 1 through May 14 and May 16 through December 31).
    (3) Between 38[deg]57.50[min] N. lat. and 37[deg]11[min] N. lat. 
(North Central South of Point Arena Region), recreational fishing for 
lingcod is open from June 13 through October 31 (i.e. it's closed from 
January 1 through June 12 and November 1 through December 31.
    (4) Between 37[deg]11[min] N. lat. and 36 [deg]N. lat. (Monterey 
South-Central Region), recreational fishing for lingcod is open from May 
1 through November 15 (i.e. it's closed from January 1 through April 30 
and from November 16 through December 31).
    (5) Between 36[min] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South-Central Region), recreational fishing for lingcod is open from May 
1 through November 15 (i.e. it's closed from January 1 through April 30 
and from November 16 through December 31).
    (6) South of 34[deg]27[min] N. lat. (South Region), recreational 
fishing for lingcod is open from April 1 through November 30 (i.e. it's 
closed from January 1 through March 31 and from December 1 through 31).
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for lingcod is open, there is a limit of 2 hooks and 
1 line when fishing for lingcod. The bag limit is 2 lingcod per day. 
Multi-day limits are authorized by a valid permit issued by California 
and must not exceed the daily limit multiplied by the number of days in 
the fishing trip.
    (C) Size limits. Lingcod may be no smaller than 24 in (61 cm) total 
length.
    (D) Dressing/filleting. Lingcod filets may be no smaller than 16 in 
(41 cm) in length.
    (iv) ``Other flatfish''. Coastwide off California, recreational 
fishing for ``other flatfish'' is permitted both shoreward of and within 
the closed areas described in paragraph (c)(3)(i) of this section. 
``Other flatfish'' are defined at Sec. 660.11, subpart C, and include 
butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, 
rock sole, and sand sole. Recreational fishing for ``other flatfish'' is 
permitted within the closed areas. ``Other flatfish,'' except Pacific 
sanddab, are subject to the overall 20-fish bag limit for all species of 
finfish, of which there may be no more than 10 fish of any one species. 
There is no season restriction or size limit for ``other flatfish;'' 
however, it is prohibited to filet ``other flatfish'' at sea.
    (v) California scorpionfish. California scorpionfish predominately 
occur south of 40[deg]10[min] N. lat.
    (A) Seasons. When recreational fishing for California scorpionfish 
is open, it is permitted only outside of the recreational RCAs described 
in paragraph (c)(3)(i) of this section.
    (1) Between 40[deg]10[min] N. lat. and 37[deg]11[min] N. lat. (North 
Central Region), recreational fishing for California scorpionfish is 
open from June 1 through November 30 (i.e., it's closed from January 1 
through May 31 and from December 1 through December 31).
    (2) Between 37[deg]11[min] N. lat. and 36[deg] N. lat. (Monterey 
South Central Region), recreational fishing for California scorpionfish 
is open from May 1 through November 30 (i.e., it's closed from January 1 
through April 30 and from December 1 through December 31).
    (3) Between 36[deg] N. lat. and 34[deg]27[min] N. lat. (Morro Bay 
South Central Region), recreational fishing for California scorpionfish 
is open from May 1 through November 30 (i.e., it's closed from January 1 
through April 30 and from December 1 through December 31).
    (4) South of 34[deg]27[min] N. lat. (South Region), recreational 
fishing for California scorpionfish is open from January 1 through 
December 31.
    (B) Bag limits, hook limits. South of 40[deg]10.00[min] N. lat., in 
times and areas where the recreational season for California 
scorpionfish is open, the bag limit is 5 California scorpionfish per 
day. California scorpionfish do not count against the 10 RCG Complex 
fish per day limit. Multi-day limits are authorized by a valid permit 
issued by California and must not exceed the daily limit multiplied by 
the number of days in the fishing trip.
    (C) Size limits. California scorpionfish may be no smaller than 10 
in (25 cm) total length.
    (D) Dressing/Filleting. California scorpionfish filets may be no 
smaller than 5 in (12.8 cm) and must bear an intact 1 in (2.6 cm) square 
patch of skin.

[[Page 351]]



                  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]
 

    (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:

[[Page 352]]

    (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 groundfish should consult Federal regulations in subpart G 
for applicable requirements of that subpart, including the requirement 
that vessels engaged in commercial fishing for groundfish (except 
commercial passenger vessels) have vessel identification in accordance 
with Sec. 660.305.
    (c) Any person fishing subject to this subpart is bound by the 
international boundaries of the fishery management area described in 
Sec. 660.402, notwithstanding any dispute or negotiation between the 
United States and any neighboring country regarding their respective 
jurisdictions, until such time as new boundaries are published by the 
United States.

[[Page 353]]



Sec. 660.404  Recordkeeping and reporting.

    (a) This subpart recognizes that catch and effort data necessary for 
implementation of any applicable fishery management plan are collected 
by the States and Indian tribes of Washington, Oregon, California, and 
Idaho under existing data collection requirements. Except as provided in 
paragraph (b) of this section, no additional catch reports will be 
required of fishermen or processors so long as the data collection and 
reporting systems operated by State agencies and Indian tribes continue 
to provide NMFS with statistical information adequate for management.
    (b) Persons engaged in commercial fishing may be required to submit 
catch reports that are specified annually under Sec. 660.408.

    Effective Date Note: At 61 FR 34600, July 2, 1996, Sec. 660.404 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 660.405  Prohibitions.

    (a) In addition to the general prohibitions specified in Sec. 
600.725 of this chapter, it is unlawful for any person to do any of the 
following:
    (1) Take and retain or land salmon caught with a net in the fishery 
management area, except that a hand-held net may be used to bring hooked 
salmon on board a vessel.
    (2) Fish for, or take and retain, any species of salmon:
    (i) During closed seasons or in closed areas;
    (ii) While possessing on board any species not allowed to be taken 
in the area at the time;
    (iii) Once any catch limit is attained;
    (iv) By means of gear or methods other than recreational fishing 
gear or troll fishing gear, or gear authorized under Sec. 660.408(k) 
for treaty Indian fishing;
    (v) In violation of any action issued under this subpart; or
    (vi) In violation of any applicable area, season, species, zone, 
gear, daily bag limit, or length restriction.
    (3) Fish for salmon in an area when salmon of less than the legal 
minimum length for that area are on board the fishing vessel, except 
that this provision does not prohibit transit of an area when salmon of 
less than the legal minimum length for that area are on board, so long 
as no fishing is being conducted.
    (4) Remove the head of any salmon caught in the fishery management 
area, or possess a salmon with the head removed, if that salmon has been 
marked by removal of the adipose fin to indicate that a coded wire tag 
has been implanted in the head of the fish.
    (5) Take and retain or possess on board a fishing vessel any species 
of salmon that is less than the applicable minimum total length, 
including the applicable minimum length for dressed, head-off salmon.
    (6) Possess on board a fishing vessel a salmon, for which a minimum 
total length is extended or cannot be determined, except that dressed, 
head-off salmon may be possessed on board a freezer trolling vessel, 
unless the adipose fin of such salmon has been removed.
    (7) Fail to return to the water immediately and with the least 
possible injury any salmon the retention of which is prohibited by this 
subpart.
    (8) Engage in recreational fishing while aboard a vessel engaged in 
commercial fishing. This restriction is not intended to prohibit the use 
of fishing gear otherwise permitted under the definitions of troll and 
recreational fishing gear, so long as that gear is legal in the fishery 
for which it is being used.
    (9) Take and retain, possess, or land any steelhead taken in the 
course of commercial fishing in the fishery management area, unless such 
take and retention qualifies as treaty Indian fishing.
    (10) Sell, barter, offer to sell, offer to barter, or purchase any 
salmon taken in the course of recreational salmon fishing.
    (11) Refuse to submit fishing gear or catch subject to such person's 
control to inspection by an authorized officer, or to interfere with or 
prevent, by any means, such an inspection.
    (12) Take and retain Pacific halibut (Hippoglossus stenolepis) 
except in accordance with regulations of the International Pacific 
Halibut Commission

[[Page 354]]

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.
    (c) Under the Pacific Coast groundfish regulations at Sec. 660.383, 
fishing with salmon troll gear is prohibited within the Salmon Troll 
Yelloweye Rockfish Conservation Area (YRCA).It is unlawful for 
commercial salmon troll vessels to take and retain, possess, or land 
fish taken with salmon troll gear within the Salmon Troll YRCA.Vessels 
may transit through the Salmon Troll YRCA with or without fish on 
board.The Salmon Troll YRCA is an area off the northern Washington 
coast.The Salmon Troll YRCA is intended to protect yelloweye 
rockfish.The Salmon Troll YRCA is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed:
    (1) 48[deg]00.00[min] N. lat., 125[deg]14.00[min] W. long.;
    (2) 48[deg]02.00[min] N. lat., 125[deg]14.00[min] W. long.;
    (3) 48[deg]00.00[min] N. lat., 125[deg]16.50[min] W. long.;
    (4) 48[deg]02.00[min] N. lat., 125[deg]16.50[min] W. long.;
    and connecting back to 48[deg]00.00[min] N. lat., 125[deg]14.00[min] 
W. long.

[61 FR 34572, July 2, 1996, as amended at 71 FR 78719, Dec. 29, 2006]



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

[[Page 355]]

 
  150........................              70             30
------------------------------------------------------------------------
\1\ The percentage allocation is tiered and must be calculated in
  additive steps when the harvest level exceeds the initial tier. For
  example, for a total allowable ocean harvest of 150,000 chinook, the
  recreational allocation would be equal to 50 percent of 100,000
  chinook plus 40 percent of 50,000 chinook or 50,000 + 20,000 = 70,000
  chinook.

    (ii) Deviations from allocation schedule. The initial allocation may 
be modified annually in accordance with paragraphs (c)(1)(iii) through 
(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

[[Page 356]]

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 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.

[[Page 357]]

    (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 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.

----------------------------------------------------------------------------------------------------------------
                                                                       Commercial              Recreational
                                                               -------------------------------------------------
          Allowable ocean harvest (thousands of fish)              Number                   Number
                                                                (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.


[[Page 358]]

    (ii) Geographic distribution. Allowable harvest south of Cape Falcon 
may be divided and portions assigned to subareas based on considerations 
including, but not limited to, controlling ocean harvest impacts on 
depressed, viable natural stocks within acceptable maximum allowable 
levels; stock abundance; allocation considerations; stock specific 
impacts; relative abundance of the salmon species in the fishery; 
escapement goals; and maximizing harvest potential.
    (iii) Recreational allocation at 167,000 fish or less. When the 
recreational allocation is at 167,000 fish or less, the total 
recreational allowable ocean harvest of coho will be divided between two 
major subareas with independent impact quotas. The initial allocation 
will be 70 percent from Cape Falcon to Humbug Mountain and 30 percent 
south of Humbug Mountain. Coho transfers between the two impact quotas 
may be permitted on a one-for-one basis, if chinook constraints preclude 
access to coho. Horse Mountain to Point Arena will be managed for an 
impact guideline of 3 percent of the south of Cape Falcon recreational 
allocation. The recreational coho fishery between Humbug Mountain and 
Point Arena may be closed when it is projected that the harvest impact 
between Humbug Mountain and Point Arena, combined with the projected 
harvest impact that will be taken south of Point Arena to the end of the 
season, equals the impact quota for south of Humbug Mountain. The 
recreational fishery for coho salmon south of Point Arena will not close 
upon attainment of the south of Humbug Mountain impact quota.
    (iv) Oregon coastal natural coho. The allocation provisions in 
paragraph (c)(2) of this section provide guidance only when coho 
abundance permits a directed coho harvest, not when the allowable 
harvest impacts are insufficient to allow coho retention south of Cape 
Falcon. At such low levels, allowable harvest impacts will be allocated 
during the Council's preseason process.
    (v) Inseason reallocation. No later than August 15 each year, the 
Salmon Technical Team will estimate the number of coho salmon needed to 
complete the recreational seasons. Any coho salmon allocated to the 
recreational fishery that are not needed to complete the recreational 
seasons will be reallocated to the commercial fishery. Once reallocation 
has taken place, the remaining recreational quota will change to a 
harvest guideline. If the harvest guideline for the recreational fishery 
is projected to be reached on or before Labor Day, the Regional Director 
may allow the recreational fishery to continue through the Labor Day 
weekend only if there is no significant danger of impacting the 
allocation of another fishery or of failing to meet an escapement goal.
    (d) Management boundaries and zones. Management boundaries and zones 
will be established or adjusted to achieve a conservation purpose. A 
conservation purpose protects a fish stock, simplifies management of a 
fishery, or promotes wise use of fishery resources by, for example, 
separating fish stocks, facilitating enforcement, separating conflicting 
fishing activities, or facilitating harvest opportunities. Management 
boundaries and zones will be described by geographical references, 
coordinates (latitude and longitude), LORAN readings, depth contours, 
distance from shore, or similar criteria.
    (e) Minimum harvest lengths. The minimum harvest lengths for 
commercial, recreational, and treaty Indian fishing may be changed upon 
demonstration that a useful purpose will be served. For example, an 
increase in minimum size for commercially caught salmon may be necessary 
for conservation or may provide a greater poundage and monetary yield 
from the fishery while not substantially increasing hooking mortality. 
The removal of a minimum size for the recreational fishery may prevent 
wastage of fish and outweigh the detrimental impacts of harvesting 
immature fish.
    (f) Recreational daily bag limits. Recreational daily bag limits for 
each fishing area will be set equal to one, two, or three salmon of some 
combination of species. The recreational daily bag limits for each 
fishing area will be set to maximize the length of the fishing season 
consistent with the allowable level of harvest in the area.

[[Page 359]]

    (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 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.

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

[[Page 360]]

    (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 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.

[[Page 361]]

    (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 and the de minimis fishing 
provisions 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.
    (d) Within the Cape Falcon to Point Sur area, the Council may allow 
de minimis fisheries which: permit an ocean impact rate of no more than 
10 percent on age-4 Klamath River fall Chinook, if the projected natural 
spawning escapement associated with a 10 percent age-4 ocean impact 
rate, including river recreational and tribal impacts, is between the 
conservation objective (35,000) and 22,000. If the projected natural 
escapement associated with a 10 percent age-4 ocean impact rate is less 
than 22,000, the Council shall further reduce the allowable age-4 ocean 
impact rate to reflect the status of the stock. \1\
---------------------------------------------------------------------------

    \1\ NMFS interprets that, consistent with the de minimis provisions 
of the FMP, the maximum allowable 10 percent age-4 ocean impact rate may 
be implemented only when the anticipated escapement is near the 35,000 
natural spawner floor. As escapement falls below approximately 30,000, 
the impact rate will need to decline automatically.
---------------------------------------------------------------------------

    (1)When recommending an allowable age-4 ocean impact rate, the 
Council shall consider the following year specific circumstances:
    (i)The potential for critically low natural spawner abundance, 
including the risk of Klamath Basin substocks dropping below crucial 
genetic thresholds;
    (ii) A series of low spawner abundance in recent years;
    (iii) The status of co-mingled stocks;
    (iv) The occurrence of El Nino or other adverse environmental 
conditions;
    (v) Endangered Species Act (ESA) considerations; and
    (vi) Other considerations as appropriate.
    (2) The Klamath River fall Chinook age-4 ocean impact rate must not 
jeopardize the long term capacity of the stock to produce maximum 
sustainable yield on continuing basis.

[61 FR 34572, July 2, 1996, as amended at 62 FR 35451, July 1, 1997; 66 
FR 29241, May 30, 2001; 73 FR 9964, Feb. 25, 2008]



Sec. 660.411  Notification and publication procedures.

    (a) Notification and effective dates. (1) Annual and certain other 
actions taken under Sec. Sec. 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

[[Page 362]]

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 public review during normal office hours at the 
Southwest Region, NMFS.



Sec. 660.412  EFH identifications and descriptions for Pacific salmon.

    Pacific salmon essential fish habitat (EFH) includes all those water 
bodies occupied or historically accessible in Washington, Oregon, Idaho, 
and California in hydrologic units identified in Table 1 of this subpart 
H. Exceptions include cases in which man-made barriers (dams) identified 
in Table 1 of this subpart H represent the upstream extent of Pacific 
salmon access. EFH also includes the marine and estuarine areas 
shoreward of state boundaries and the Exclusive Economic Zone (EEZ) off 
the coasts of California, Oregon, and Washington State. To clearly 
identify watersheds that contain EFH, NMFS uses fourth field hydrologic 
unit codes (HUCs) developed by the U.S. Geological Survey (USGS) 
(defined in the Department of the Interior, USGS publication; Hydrologic 
Unit Maps, Water Supply Paper 2294, 1987). The geographic extent of HUCs 
range from first field (largest geographic extent) to sixth field 
(smallest geographic extent). Fourth field HUCs divide the landscape 
into distinct geographic areas that are identified by eight numbers 
unique to that hydrologic unit.
    (a) Chinook salmon (Oncorhynchus tshawytscha) EFH includes all 
streams, estuaries, marine waters, and other water bodies occupied or 
historically accessible to Chinook salmon in Washington, Oregon, Idaho, 
and California, in hydrologic units identified in Table 1 of this 
subpart H. Exceptions include cases in which man-made barriers (dams) 
identified in Table 1 of this subpart H represent the upstream extent of 
Pacific salmon access. EFH also includes the marine and estuarine areas 
shoreward of state boundaries and the EEZ off the coasts of Washington, 
Oregon, and California north or Point Conception.
    (b) Coho salmon (Oncorhynchus kisutch) EFH includes all streams, 
estuaries, marine waters, and other water bodies occupied or 
historically accessible to coho in Washington, Oregon, Idaho, and 
California, in hydrologic units identified in Table 1 of this subpart H. 
Exceptions include cases in which man-made barriers (dams) identified in 
Table 1 of this subpart H represent the upstream extent of Pacific 
salmon access. EFH also includes the marine and estuarine areas 
shoreward of state boundaries and the EEZ off the coasts Washington, 
Oregon, and California north of Point Conception.
    (c) Pink salmon (Oncorhynchus gorbuscha) EFH includes all streams, 
estuaries, marine waters, and other water bodies occupied or 
historically accessible to pink salmon within Washington State, in 
hydrologic units identified in Table 1 of this subpart H. Exceptions 
include cases in which man-made barriers (dams) identified in Table 1 of 
this subpart H represent the upstream extent of Pacific salmon access. 
EFH also includes waters north and east of Cape Flattery, Washington, 
including Puget Sound, the Strait of Juan de Fuca and Strait of Georgia.

[73 FR 60988, Oct. 15, 2008]

[[Page 363]]



Sec. Table 1 to Subpart H of Part 660--Pacific Salmon EFH Identified by 
                     USGS Hydrologic Unit Code (HUC)

----------------------------------------------------------------------------------------------------------------
                                                    Hydrologic Unit                          Impassible Man-made
             USGS HUC                  State(s)          Name            Salmon Species     Barrier (if present)
----------------------------------------------------------------------------------------------------------------
17110001                            WA             Fraser (Whatcom)  Coho salmon            n/a
----------------------------------------------------------------------------------------------------------------
17110002                            WA             Strait of         Chinook, coho, and     n/a
                                                    Georgia           pink salmon
----------------------------------------------------------------------------------------------------------------
17110003                            WA             San Juan Islands  Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110004                            WA             Nooksack River    Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110005                            WA             Upper Skagit      Chinook, coho, and     Gorge Lake Dam
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110006                            WA             Sauk River        Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110007                            WA             Lower Skagit      Chinook, coho, and     n/a
                                                    River             pink salmon
----------------------------------------------------------------------------------------------------------------
17110008                            WA             Stillaguamish     Chinook, coho, and     n/a
                                                    River             pink salmon
----------------------------------------------------------------------------------------------------------------
17110009                            WA             Skykomish River   Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110010                            WA             Snoqualmie        Chinook, coho, and     Tolt Dam (S. Fork
                                                                      pink salmon            Tolt R.)
----------------------------------------------------------------------------------------------------------------
17110011                            WA             Snohomish River   Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110012                            WA             Lake Washington   Chinook and coho       Cedar Falls
                                                                      salmon                 (Masonry) Dam
                                                                                             (Cedar R.)
----------------------------------------------------------------------------------------------------------------
17110013                            WA             Duwamish River    Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17110014                            WA             Puyallup River    Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110015                            WA             Nisqually River   Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110016                            WA             Deschutes River   Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17110017                            WA             Skokomish River   Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17110018                            WA             Hood Canal        Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110019                            WA             Puget Sound       Chinook, coho, and     n/a
                                                                      pink salmon
----------------------------------------------------------------------------------------------------------------
17110020                            WA             Dungeness -       Chinook, coho, and     n/a
                                                    Elwha             pink salmon
----------------------------------------------------------------------------------------------------------------
17110021                            WA             Hoko - Crescent   Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100101                            WA             Hoh - Quillayute  Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100102                            WA             Queets -          Chinook and coho       n/a
                                                    Quinault          salmon
----------------------------------------------------------------------------------------------------------------
17100103                            WA             Upper Chehalis    Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17100104                            WA             Lower Chehalis    Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17100105                            WA             Grays Harbor      Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100106                            WA             Willapa Bay       Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17080001                            OR/WA          Lower Columbia-   Chinook and coho       Impassable Man-made
                                                    Sandy River       salmon                 Barrier
----------------------------------------------------------------------------------------------------------------
17080002                            WA             Lewis River       Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17080003                            OR/WA          Lower Columbia -  Chinook and coho       n/a
                                                    Clatskanie        salmon
                                                    River
----------------------------------------------------------------------------------------------------------------
17080004                            WA             Upper Cowlitz     Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17080005                            WA             Cowlitz River     Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17080006                            OR/WA          Lower Columbia    Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17090001                            OR             Middle Fork       Chinook salmon         Dexter Dam
                                                    Willamette
                                                    River
----------------------------------------------------------------------------------------------------------------

[[Page 364]]

 
17090002                            OR             Coast Fork        Chinook salmon         Dorena Dam
                                                    Willamette
                                                    River
----------------------------------------------------------------------------------------------------------------
17090003                            OR             Upper Willamette  Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17090004                            OR             McKenzie River    Chinook and coho       Cougar Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17090005                            OR             N. Santiam River  Chinook and coho       Big Cliff Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17090006                            OR             S. Santiam River  Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17090007                            OR             Mid. Willamette   Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17090008                            OR             Yamhill River     Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17090009                            OR             Molalla -         Chinook and coho       n/a
                                                    Pudding River     salmon
----------------------------------------------------------------------------------------------------------------
17090010                            OR             Tualatin River    Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17090011                            OR             Clackamas River   Chinook and coho       Oak Grove Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17090012                            OR             Lower Willamette  Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17070101                            OR/WA          Mid. Columbia -   Chinook and coho       n/a
                                                    Lake Wallula      salmon
----------------------------------------------------------------------------------------------------------------
17070102                            OR/WA          Walla Walla       Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17070103                            OR             Umatilla River    Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
17070104                            OR             Willow            Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
17070105                            OR/WA          Mid. Columbia -   Chinook and coho       n/a
                                                    Hood              salmon
----------------------------------------------------------------------------------------------------------------
17070106                            WA             Klickitat River   Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17070301                            OR             Upper Deschutes   Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17070305                            OR             Lower Crooked     Chinook salmon         Opal Springs Dam
                                                    River
----------------------------------------------------------------------------------------------------------------
17070306                            OR             Lower Deschutes   Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17070307                            OR             Trout Creek       Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17070201                            OR             Upper John Day    Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17070202                            OR             North Fork John   Chinook salmon         n/a
                                                    Day River
----------------------------------------------------------------------------------------------------------------
17070203                            OR             Middle Fork John  Chinook salmon         n/a
                                                    Day River
----------------------------------------------------------------------------------------------------------------
17070204                            OR             Lower John Day    Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17030001                            WA             Upper Yakima      Chinook and coho       Keechelus Dam
                                                    River             salmon                Kachess Dam (Kachess
                                                                                             R.)
                                                                                            Cle Elum Dam (Cle
                                                                                             Elum R.)
----------------------------------------------------------------------------------------------------------------
17030002                            WA             Naches River      Chinook and coho       Rimrock Dam (Tieton
                                                                      salmon                 R.)
----------------------------------------------------------------------------------------------------------------
17030003                            WA             Lower Yakima      Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17020005                            WA             Columbia River    Chinook and coho       Chief Joseph Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17020006                            WA             Okanogan River    Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
17020007                            WA             Similkameen       Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
17020008                            WA             Methow River      Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17020010                            WA             Upper Columbia -  Chinook and coho       n/a
                                                    Entiat River      salmon
----------------------------------------------------------------------------------------------------------------
17020011                            WA             Wenatchee River   Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------

[[Page 365]]

 
17020016                            WA             Upper Columbia -  Chinook and coho       n/a
                                                    Priest Rapids     salmon
----------------------------------------------------------------------------------------------------------------
17060101                            OR/ID          Hells Canyon      Chinook salmon         Hells Canyon Complex
                                                                                             (Hells Canyon,
                                                                                             Oxbow, and Brownlee
                                                                                             Dams)
----------------------------------------------------------------------------------------------------------------
17060102                            OR             Imnaha River      Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
17060103                            OR/WA/ID       Lower Snake -     Chinook and coho       n/a
                                                    Asotin Creek      salmon
----------------------------------------------------------------------------------------------------------------
17060104                            OR             Upper Grande      Chinook and coho       n/a
                                                    Ronde             salmon
----------------------------------------------------------------------------------------------------------------
17060105                            OR             Wallowa River     Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17060106                            OR/WA          Lower Grande      Chinook and coho       n/a
                                                    Ronde             salmon
----------------------------------------------------------------------------------------------------------------
17060107                            WA             Lower Snake -     Chinook and coho       n/a
                                                    Tucannon River    salmon
----------------------------------------------------------------------------------------------------------------
17060110                            WA             Lower Snake       Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17060201                            ID             Upper Salmon      Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17060202                            ID             Pahsimeroi River  Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
17060203                            ID             Mid. Salmon -     Chinook salmon         n/a
                                                    Panther River
----------------------------------------------------------------------------------------------------------------
17060204                            ID             Lemhi River       Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
17060205                            ID             Upper Middle      Chinook salmon         n/a
                                                    Fork Salmon
                                                    River
----------------------------------------------------------------------------------------------------------------
17060206                            ID             Lower Middle      Chinook salmon         n/a
                                                    Fork Salmon
                                                    River
----------------------------------------------------------------------------------------------------------------
17060207                            ID             Mid. Salmon -     Chinook salmon         n/a
                                                    Chamberlain
----------------------------------------------------------------------------------------------------------------
17060208                            ID             S.F. Salmon       Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17060209                            ID             Lower Salmon      Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17060210                            ID             Little Salmon     Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17060301                            ID             Upper Selway      Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17060302                            ID             Lower Selway      Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17060303                            ID             Lochsa River      Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
17060304                            ID             M.F. Clearwater   Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17060305                            ID             S.F. Clearwater   Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
17060306                            WA/ID          Clearwater River  Chinook and coho       Dworshak Dam (at
                                                                      salmon                 border of HUCs
                                                                                             17060306 and
                                                                                             17060308)
----------------------------------------------------------------------------------------------------------------
17100201                            OR             Necanicum River   Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100202                            OR             Nehalem River     Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100203                            OR             Wilson - Trask -  Chinook and coho       n/a
                                                    Nestucca          salmon
----------------------------------------------------------------------------------------------------------------
17100204                            OR             Siletz-Yaquina    Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17100205                            OR             Alsea River       Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100206                            OR             Siuslaw River     Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------

[[Page 366]]

 
17100207                            OR             Siltcoos River    Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100301                            OR             N. Umpqua River   Chinook and coho       Soda Springs Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100302                            OR             S. Umpqua River   Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100303                            OR             Umpqua River      Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100304                            OR             Coos River        Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100305                            OR             Coquille River    Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100306                            OR             Sixes River       Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100307                            OR             Upper Rogue       Chinook and coho       Lost Creek Dam
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17100308                            OR             Middle Rogue      Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17100309                            CA/OR          Applegate River   Chinook and coho       Applegate Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100310                            OR             Lower Rogue       Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
17100311                            CA/OR          Illinois River    Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
17100312                            CA/OR          Chetco River      Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010101                            CA/OR          Smith River       Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010206                            CA/OR          Upper Klamath     Chinook and coho       Iron Gate Dam
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
18010207                            CA             Shasta River      Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010208                            CA             Scott River       Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010209                            CA/OR          Lower Klamath     Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
18010210                            CA             Salmon River      Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010211                            CA             Trinity River     Chinook and coho       Lewiston Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010212                            CA             S.F. Trinity      Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
18010102                            CA             Mad-Redwood       Chinook and coho       Robert W. Matthews
                                                                      salmon                 Dam
----------------------------------------------------------------------------------------------------------------
18010103                            CA             Upper Eel River   Chinook and coho       Scott Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010104                            CA             Middle Fork Eel   Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
18010105                            CA             Lower Eel River   Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010106                            CA             South Fork Eel    Chinook and coho       n/a
                                                    River             salmon
----------------------------------------------------------------------------------------------------------------
18010107                            CA             Mattole River     Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18010108                            CA             Big - Navarro -   Chinook and coho       n/a
                                                    Garcia            salmon
----------------------------------------------------------------------------------------------------------------
18010109                            CA             Gualala - Salmon  Chinook and coho       n/a
                                                    Creek             salmon
----------------------------------------------------------------------------------------------------------------
18010110                            CA             Russian River     Chinook and coho       Coyote Valley Dam
                                                                      salmon                 (E. Fork Russian
                                                                                             R.)
                                                                                            Warm Springs Dam
                                                                                             (Dry Cr.)
----------------------------------------------------------------------------------------------------------------
18010111                            CA             Bodega Bay        Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18060001                            CA             San Lorenzo-      Coho salmon            Newell Dam (Newell
                                                    Soquel                                   Cr.)
----------------------------------------------------------------------------------------------------------------
18060006                            CA             Central Coastal   Coho salmon            n/a
----------------------------------------------------------------------------------------------------------------
18050001                            CA             Suisun Bay        Chinook and coho       n/a
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18050002                            CA             San Pablo Bay     Chinook and coho       San Pablo Dam (San
                                                                      salmon                 Pablo Cr.)
----------------------------------------------------------------------------------------------------------------

[[Page 367]]

 
18050003                            CA             Coyote Creek      Chinook and coho       LeRoy Anderson Dam
                                                                      salmon
----------------------------------------------------------------------------------------------------------------
18050004                            CA             San Francisco     Chinook and coho       n/a
                                                    Bay               salmon
----------------------------------------------------------------------------------------------------------------
18050005                            CA             Tomales-Drakes    Coho salmon            Nicasio Dam (Nicasio
                                                    Bay                                      Cr.)
                                                                                            Peters Dam
                                                                                             (Lagunitas Cr.)
----------------------------------------------------------------------------------------------------------------
18050006                            CA             San Francisco-    Coho salmon            n/a
                                                    Coastal South
----------------------------------------------------------------------------------------------------------------
18020101                            CA             Sac.-Lower Cow-   Chinook salmon         n/a
                                                    Lower Clear
----------------------------------------------------------------------------------------------------------------
18020102                            CA             Lower Cottonwood  Chinook salmon         n/a
                                                    Creek
----------------------------------------------------------------------------------------------------------------
18020103                            CA             Sacramento -      Chinook salmon         n/a
                                                    Lower Thomes
----------------------------------------------------------------------------------------------------------------
18020104                            CA             Sacramento -      Chinook salmon         n/a
                                                    Stone Corral
----------------------------------------------------------------------------------------------------------------
18020105                            CA             Lower Butte       Chinook salmon         n/a
                                                    Creek
----------------------------------------------------------------------------------------------------------------
18020106                            CA             Lower Feather     Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
18020107                            CA             Lower Yuba River  Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
18020108                            CA             Lower Bear River  Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
18020109                            CA             Lower Sacramento  Chinook salmon         n/a
                                                    River
----------------------------------------------------------------------------------------------------------------
18020110                            CA             Lower Cache       Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
18020111                            CA             Lower American    Chinook salmon         Nimbus Dam
                                                    River
----------------------------------------------------------------------------------------------------------------
18020112                            CA             Sacramento-Upper  Chinook salmon         Whiskeytown Dam
                                                    Clear                                    (Clear Cr.)
----------------------------------------------------------------------------------------------------------------
18020113                            CA             Cottonwood        Chinook salmon         n/a
                                                    Headwaters
----------------------------------------------------------------------------------------------------------------
18020114                            CA             Upper Elder -     Chinook salmon         n/a
                                                    Upper Thomas
----------------------------------------------------------------------------------------------------------------
18020118                            CA             Upper Cow -       Chinook salmon         n/a
                                                    Battle Creek
----------------------------------------------------------------------------------------------------------------
18020119                            CA             Mill - Big Chico  Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
18020120                            CA             Upper Butte       Chinook salmon         n/a
                                                    Creek
----------------------------------------------------------------------------------------------------------------
18020125                            CA             Upper Yuba        Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------
18040001                            CA             Mid. San Joaquin- Chinook salmon         n/a
                                                     L. Cowchilla
----------------------------------------------------------------------------------------------------------------
18040002                            CA             Mid. San Joaquin- Chinook salmon         La Grange Dam
                                                     L. Merced- L.                           (Tuolumne R.)
                                                    Stanislaus
----------------------------------------------------------------------------------------------------------------
18040003                            CA             San Joaquin       Chinook salmon         n/a
                                                    Delta
----------------------------------------------------------------------------------------------------------------
18040004                            CA             L. Calaveras -    Chinook salmon         n/a
                                                    Mormon Slough
----------------------------------------------------------------------------------------------------------------
18040005                            CA             L. Consumnes- L.  Chinook salmon         Camanche Dam
                                                    Mokelumne
----------------------------------------------------------------------------------------------------------------
18040010                            CA             Upper Stanislaus  Chinook salmon         Goodwin Dam
----------------------------------------------------------------------------------------------------------------
18040011                            CA             Upper Calveras    Chinook salmon         New Hogan Dam
----------------------------------------------------------------------------------------------------------------
18040013                            CA             Upper Cosumnes    Chinook salmon         n/a
----------------------------------------------------------------------------------------------------------------


[[Page 368]]


[73 FR 60989, Oct. 15, 2008]



                  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.
    Initial harvest guideline means a specified numerical harvest 
objective set at the beginning of the fishing season.
    Krill means all species of euphausiids that occur in the EEZ off the 
West Coast.
    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.

[[Page 369]]

    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 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 harvest species means all krill species in the EEZ off 
the West Coast.
    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; 71 
FR 37001, June 29, 2006; 74 FR 33373, July 13, 2009]



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.

[[Page 370]]

    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).
    (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.
    (n) When fishing for CPS, deploy a net if a southern sea otter is 
observed within the area that would be encircled by the purse seine net.
    (o) Fish for, target, harvest or land a prohibited harvest species 
in any fishery within the EEZ off the West Coast.

[64 FR 69893, Dec. 15, 1999, as amended by 72 FR 29892, May 30, 2007; 74 
FR 33373, July 13, 2009]



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

[[Page 371]]

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
    (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.

[[Page 372]]



Sec. 660.509  Closure of directed fishery.

    (a) When the annual harvest guideline for either Pacific sardine or 
Pacific mackerel is reached, the directed fishery for Pacific sardine or 
Pacific mackerel shall be closed until the beginning of the next fishing 
season as stated in Sec. 660.510 (a) and (b). The Regional 
Administrator shall announce in the Federal Register the date of closure 
of the directed fishery for Pacific sardine or Pacific mackerel. Upon 
such closure, Pacific mackerel may be harvested incidental to the 
directed fishery for Pacific sardine to the extent permitted by the 
annual harvest guideline. The Regional Administrator shall announce in 
the Federal Register the amount of the incidental trip limit, if any, 
that was recommended by the Council and approved by NMFS.
    (b) When the allocation and reallocation levels for Pacific sardine 
in Sec. 660.511 (f)-(h) are reached, the Pacific sardine fishery shall 
be closed until either it re-opens per the allocation scheme in Sec. 
660.511 (g) and (h) or the beginning of the next fishing season as 
stated in Sec. 660.510 (a). The Regional Administrator shall announce 
in the Federal Register the date of the closure of the directed fishery 
for Pacific sardine.

[71 FR 37001, June 29, 2006]



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.
    (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) On January 1, 35 percent of the initial harvest guideline for 
Pacific sardine is allocated coastwide within the fishery management 
area.
    (g) On July 1, 40 percent of the initial harvest guideline for 
Pacific sardine plus the remaining unharvested portion of the January 1 
allocation in (f) is allocated coastwide within the fishery management 
area.
    (h) On September 15, 25 percent of the initial harvest guideline for 
Pacific sardine plus the remaining unharvested portion of the July 1 
allocation is allocated coastwide within the fishery management area.

[64 FR 69893, Dec. 15, 1999, as amended at 68 FR 52527, Sept. 4, 2003; 
71 FR 37001, June 29, 2006]



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.

[[Page 373]]

    (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 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.

[[Page 374]]

    (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 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

[[Page 375]]

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 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.

[[Page 376]]

    (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.
    (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.

[[Page 377]]

    (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]



Sec. 660.520  Reporting requirements.

    (a) Otter interaction. (1) If a southern sea otter is entangled in a 
net, regardless of whether the animal is injured or killed, the vessel 
operator must report this interaction within 24 hours to the Regional 
Administrator.
    (2) While fishing for CPS, vessel operators must record all 
observations of otter interactions (defined as otters within encircled 
nets or coming into contact with nets or vessels, including but not 
limited to entanglement) with their purse seine net(s) or vessel(s). 
With the exception of an entanglement, which must be initially reported 
as described in paragraph (a)(1)of this section, all other observations 
must be reported within 20 days to the Regional Administrator.
    (3) When contacting NMFS after an interaction, vessel operators must 
provide the location (latitude and longitude) of the interaction and a 
description of the interaction itself. If available, location 
information should also include water depth, distance from shore, and 
relation to port or other landmarks. Descriptive information of the 
interaction should include: whether or not the otters were seen inside 
or outside the net; if inside the net, had the net been completely 
encircled; whether any otters came in contact with either the net or the 
vessel; the number of otters present; duration of interaction; the 
otter's behavior during interaction; measures taken to avoid 
interaction.
    (b) [Reserved]

[72 FR 29892, May 30, 2007]

[[Page 378]]



    Sec. 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

Subpart J [Reserved]



                  Subpart K_Highly Migratory Fisheries

    Source: 69 FR 18453, Apr. 7, 2004, unless otherwise noted.



Sec. 660.701  Purpose and scope.

    This subpart implements the Fishery Management Plan for U.S. West 
Coast Fisheries for Highly Migratory Species (FMP). These regulations 
govern commercial and recreational fishing for HMS in the U.S. EEZ off 
the coasts of Washington, Oregon, and California and in adjacent high 
seas waters.



Sec. 660.702  Definitions.

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

[[Page 379]]

    (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, retaining, 
possessing, landing and/or sale of fish; 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 fishing gear includes the following types of gear and 
equipment used in the highly migratory species fisheries:
    (1) Harpoon. Gear consisting of a pointed dart or iron attached to 
the end of a pole or stick that is propelled only by hand and not by 
mechanical means.
    (2) Surface hook-and-line. Fishing gear, other than longline gear, 
with one or more hooks attached to one or more lines (includes troll, 
rod and reel, handline, albacore jig, live bait, and bait boat). Surface 
hook and line is always attached to the vessel.
    (3) Drift gillnet. A panel of netting, 14 inch (35.5 cm) stretched 
mesh or greater, suspended vertically in the water by floats along the 
top and weights along the bottom. A drift gillnet is not stationary or 
anchored to the bottom.
    (4) Purse seine. An encircling net that may be closed by a purse 
line threaded through the bottom of the net. Purse seine gear includes 
ring net, drum purse seine, and lampara nets.
    (5) Pelagic longline. A main line that is suspended horizontally in 
the water column and not stationary or anchored, and from which dropper 
lines with hooks (gangions) are attached. Legal longline gear also 
includes basket-style longline gear.
    Council means the Pacific Fishery Management Council, including its 
Highly Migratory Species Management Team (HMSMT), Scientific and 
Statistical Committee (SSC), Highly Migratory Species Advisory Subpanel 
(HMSAS), and any other committee established by the Council.
    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 
April 1 and ending at 0800 GMT on March 31 (2400 local time) of the 
following year.
    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.
    Highly Migratory Species (HMS) means species managed by the FMP, 
specifically:

Billfish/Swordfish:
    striped marlin (Tetrapturus audax)
    swordfish (Xiphias gladius)
Sharks:
    common thresher shark (Alopias vulpinus)
    pelagic thresher shark (Alopias pelagicus)
    bigeye thresher shark (Alopias superciliosus)
    shortfin mako or bonito shark (Isurus oxyrinchus)
    blue shark (Prionace glauca)
Tunas:
    north Pacific albacore (Thunnus alalunga)
    yellowfin tuna (Thunnus albacares)
    bigeye tuna (Thunnus obesus)
    skipjack tuna (Katsuwonus pelamis)
    northern bluefin tuna (Thunnus orientalis)
Other:
    dorado or dolphinfish (Coryphaena hippurus)

    Highly Migratory Species Advisory Subpanel (HMSAS) means the 
individuals comprised of members of the fishing industry and public 
appointed by the Council to review proposed actions for managing highly 
migratory species fisheries.
    Highly Migratory Species Fishery Management Plan (FMP) means the 
Fishery Management Plan for the U.S. West Coast Fisheries for Highly 
Migratory Species developed by the Pacific Fishery Management Council 
and approved by the Secretary of Commerce and amendments to the FMP.
    Highly Migratory Species Management Team (HMSMT) means the 
individuals appointed by the Council to review, analyze, and develop 
management measures for highly migratory species fisheries.
    Incidental catch or incidental species means HMS caught while 
fishing for the primary purpose of catching other species with gear not 
authorized by the FMP.
    Land or landing means offloading fish from a fishing vessel or 
arriving in port to begin offloading fish or causing fish to be 
offloaded from a fishing vessel.
    Mesh size means the opening between opposing knots in a net. Minimum

[[Page 380]]

mesh size means the smallest distance allowed between the inside of one 
knot to the inside of the opposing knot when the mesh is stretched, 
regardless of twine size.
    Offloading means removing HMS from a vessel.
    Permit holder means a permit owner.
    Permit owner means a person who owns an HMS permit for a specific 
vessel fishing with specific authorized fishing gear.
    Person, as it applies to fishing 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 HMS 
to render it suitable for human consumption, industrial uses or long-
term storage, including, but not limited to, cooking, canning, smoking, 
salting, drying, filleting, freezing, or rendering into meal or oil, but 
does not mean heading and gutting or freezing at sea unless additional 
preparation is done.
    Prohibited species means those species and species groups whose 
retention is prohibited unless authorized by other applicable law (for 
example, to allow for examination by an authorized observer or to return 
tagged fish as specified by the tagging agency).
    Quota means a specified numerical harvest objective, the attainment 
(or expected attainment) of which causes closure of the fishery for that 
species or species group.
    Recreational charter vessel means a vessel that carries fee-paying 
passengers for the purpose of recreational fishing.
    Recreational fishing means fishing with authorized recreational 
fishing gear for personal use only and not for sale or barter.
    Regional Administrator means the Administrator, Southwest Region, 
NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, or 
a designee.
    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.
    Sustainable Fisheries Division (SFD) means the Assistant Regional 
Administrator for Sustainable Fisheries, Southwest Region, NMFS, or his 
or her designee.
    Tranship means offloading or otherwise transferring HMS or products 
thereof to a receiving vessel.
    Vessel monitoring system unit (VMS unit) means the hardware and 
software equipment owned by NMFS, installed on vessels by NMFS, and 
required by this subpart K to track and transmit the positions from 
fishing vessels.



Sec. 660.703  Management area.

    The fishery management area for the regulation of fishing for HMS 
has the following designations and boundaries:
    (a) 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) 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.
    (c) Adjacent waters on the high seas in which persons subject to 
this subpart may fish.



Sec. 660.704  Vessel identification.

    (a) General. This section only applies to commercial fishing vessels 
that fish for HMS off or land HMS in the States

[[Page 381]]

of California, Oregon, and Washington. This section does not apply to 
recreational charter vessels that fish for HMS off or land HMS in the 
States of California, Oregon, and Washington.
    (b) Official number. Each fishing vessel subject to this section 
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.
    (c) Numerals. The official number must be affixed to each vessel 
subject to this section in block Arabic numerals at least 10 inches 
(25.40 cm) in height for vessels more than 25 ft (7.62 m) but equal to 
or less than 65 ft (19.81 m) in length; and 18 inches (45.72 cm)in 
height for vessels longer than 65 ft (19.81 m) in length. Markings must 
be legible and of a color that contrasts with the background.

[72 FR 43564, Aug. 6, 2007]



Sec. 660.705  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 HMS in the U.S. EEZ off the Pacific coast without a 
permit issued under Sec. 660.707 for the use of authorized fishing 
gear.
    (b) Fish with gear in any closed area specified in this subpart that 
prohibits the use of such gear.
    (c) Land HMS at Pacific coast ports without a permit issued under 
Sec. 600.707 for the use of authorized fishing gear.
    (d) Sell HMS without an applicable commercial state fishery license.
    (e) When fishing for HMS, fail to return a prohibited species to the 
sea immediately with a minimum of injury.
    (f) Falsify or fail to affix and maintain vessel markings as 
required by Sec. 660.704.
    (g) Fish for HMS in violation of any terms or conditions attached to 
an exempted fishing permit issued under Sec. 600.745 of this chapter.
    (h) When a directed fishery has been closed for a specific species, 
take and retain, possess, or land that species after the closure date.
    (i) 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.
    (j) Falsify or fail to make and/or file any and all reports of 
fishing, landing, or any other activity involving HMS, containing all 
data, and in the exact manner, required by the applicable state law, as 
specified in Sec. 660.708(b).
    (k) Fail to carry aboard a vessel that vessel's permit issued under 
Sec. 660.707 or exempted fishing permit issued under Sec. 660.718, 
except if the permit was issued while the vessel was at sea.
    (l) Fail to carry a VMS unit as required under Sec. 660.712(d).
    (m) 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.
    (n) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit.
    (o) Fish for, catch, or harvest HMS with longline gear without a VMS 
unit on board the vessel after installation of the VMS unit by NMFS.
    (p) Possess on board a vessel without a VMS unit HMS harvested with 
longline gear after NMFS has installed the VMS unit on the vessel.
    (q) Direct fishing effort toward the harvest of swordfish (Xiphias 
gladius) using longline gear deployed west of 150[deg] W. long. and 
north of the equator (0[deg] lat.) on a vessel registered for use of 
longline gear in violation of Sec. 660.712(a)(1).
    (r) Possess a light stick on board a longline vessel when fishing 
west of 150[deg] W. long. and north of the equator (0[deg] lat.) in 
violation of Sec. 660.712(a)(6)
    (s) Possess more than 10 swordfish on board a longline vessel from a 
fishing trip where any part of the trip included fishing west of 
150[deg] W. long. and north of the equator (0[deg] lat.) in violation of 
Sec. 660.712(a)(9).
    (t) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit.
    (u) Interfere with, impede, delay, or prevent access to a VMS unit 
by a NMFS observer.

[[Page 382]]

    (v) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the SAC.
    (w) Fish for HMS with a vessel registered for use of longline gear 
within closed areas or by use of unapproved gear configurations in 
violation of Sec. 660.712(a)(2), (a)(3), (a)(7), (a)(8), or (a)(9).
    (x) 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 of longline gear and equipped with 
monofilament main longline, when making deep sets north of 23[deg] N. 
lat. in violation of Sec. 660.712(c)(1)(i) and (c)(1)(ii).
    (y) Fail to employ basket-style longline gear such that the mainline 
is deployed slack when operating a vessel registered for use of longline 
gear north of 23[deg] N. lat. in violation of Sec. 660.712 (c)(1)(iii).
    (z) Fail to maintain and use blue dye to prepare thawed bait when 
operating a vessel registered for use of longline gear that is fishing 
north of 23[deg] N. lat., in violation of Sec. 660.712(c)(2) and 
(c)(3).
    (aa) Fail to retain, handle, and discharge fish, fish parts, and 
spent bait strategically when operating a vessel registered for use of 
longline gear that is fishing north of 23[deg] N. lat. in violation of 
Sec. 660.712 (c)(4) through (c)(7).
    (bb) 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. 660.712(c)(8).
    (cc) 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. 
660.712(c)(17).
    (dd) Own a longline vessel registered for use of longline gear that 
is engaged in longline fishing for HMS without a valid protected species 
workshop certificate issued by NMFS or a legible copy thereof in 
violation of Sec. 660.712(e)(3).
    (ee) Fish for HMS on a vessel registered for use of longline gear 
without having on board a valid protected species workshop certificate 
issued by NMFS or a legible copy thereof in violation of Sec. 
660.712(e).
    (ff) Fail to carry line clippers, dip nets, and wire or bolt cutters 
on a vessel registered for use as a longline vessel in violation of 
Sec. 660.712(b).
    (gg) Fail to comply with sea turtle handling, resuscitation, and 
release requirements specified in Sec. 660.712(b)(4) through (7) when 
operating a vessel.
    (hh) Fail to comply with seabird take mitigation or handling 
techniques required under Sec. 660.712(c)
    (ii) Fish for HMS with a vessel registered for use as a longline 
vessel without being certified by NMFS for completion of an annual 
protected species workshop as required under Sec. 660.712(e).
    (jj) Fail to notify the Regional Administrator at least 24 hours 
prior to departure on a fishing trip using longline gear as required 
under Sec. 660.712(f).
    (kk) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec. 660.21, direct fishing effort toward the 
harvest of swordfish or fail to have and use gear in waters west of 
150[deg] W. long. in violation of Sec. 660.720.
    (ll) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec. 660.21, possess a light stick on board a 
longline vessel on the high seas of the Pacific Ocean west of 150[deg] 
W. long. north of the equator in violation of Sec. 660.720 (a)(ii).
    (mm) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec. 660.21, possess more than 10 swordfish 
on board a longline vessel from a fishing trip where any part of the 
trip included fishing on the high seas of the Pacific Ocean west of 
150[deg] W. long. north of the equator in violation of Sec. 660.720 
(a)(iii).
    (nn) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec. 660.21, fail to employ basket-style 
longline gear such that the mainline is deployed slack when fishing on 
the high seas of the Pacific Ocean west of 150[deg] W. long. north of 
the equator, in violation of Sec. 660.720 (a)(iv).
    (oo) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec. 660.21, when a

[[Page 383]]

conventional monofilament longline is deployed by a vessel subject to 
this section, deploy fewer than 15 branch lines between any two floats, 
in violation of Sec. 660.720 (a)(v). Vessel operators using basket-
style longline gear may not set less than 10 branch lines between any 2 
floats when fishing in waters west of 150[deg] W. long. north of the 
equator.
    (pp) Except when fishing under a western Pacific longline limited 
entry permit issued under Sec. 660.21, fail to deploy longline gear 
such that the deepest point of the main longline between any two 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, in 
violation of Sec. 660.720 (a)(vi).
    (qq) Take and retain, possess on board, or land, fish in excess of 
any bag limit specified in Sec. 660.721.

[69 FR 18453, Apr. 7, 2004, as amended at 72 FR 58259, Oct. 15, 2007]



Sec. 660.706  Pacific Coast Treaty Indian rights.

    (a) Pacific Coast treaty Indian tribes have treaty rights to harvest 
HMS in their usual and accustomed (u&a) fishing areas in U.S. waters.
    (b) Pacific Coast treaty Indian tribes means the Hoh, Makah, and 
Quileute Indian Tribes and the Quinault Indian Nation.
    (c) NMFS recognizes the following areas as marine u&a fishing 
grounds of the four Washington coastal tribes. The Makah u&a grounds 
were adjudicated in U.S. v. Washington, 626 F.Supp. 1405, 1466 (W.D. 
Wash. 1985), affirmed 730 F.2d 1314 (9th Cir. 1984). The u&a grounds of 
the Quileute, Hoh, and Quinault tribes have been recognized 
administratively by NMFS (See, e.g., 64 FR 24087 (May 5, 1999) (u&a 
grounds for groundfish); 50 CFR 300.64(i) (u&a grounds for halibut)). 
The u&a grounds recognized by NMFS may be revised as ordered by a 
Federal court.
    (d) Procedures. The rights referred to in paragraph (a) of this 
section will be implemented by the Secretary of Commerce, 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 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 NMFS Northwest Regional Administrator, at least 120 days prior to 
the time the allocation is desired to be effective, and will be subject 
to public review through the Council process. The Secretary of Commerce 
recognizes the sovereign status and co-manager role of Indian tribes 
over shared Federal and tribal fishery resources. Accordingly, the 
Secretary of Commerce will develop tribal allocations and regulations 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) Fishing (on a tribal allocation or under a Federal regulation 
applicable to tribal fisheries) by a member of a Pacific Coast treaty 
Indian tribe within that tribe's u&a fishing area is not subject to 
provisions of the HMS regulations applicable to non-treaty fisheries.
    (g) Any member of a Pacific Coast treaty Indian tribe must comply 
with any applicable Federal and tribal laws and regulations, when 
participating in a tribal HMS fishery implemented under paragraph (d) of 
this section.
    (h) Fishing by a member of a Pacific Coast treaty Indian tribe 
outside that tribe's u&a fishing area, or for a species of HMS not 
covered by a treaty allocation or applicable Federal regulation, is 
subject to the HMS regulations applicable to non-treaty fisheries.



Sec. 660.707  Permits.

    (a) General. This section applies to vessels that fish for HMS off 
or land HMS in the States of California, Oregon, and Washington.
    (1) A commercial fishing vessel of the United States must be 
registered for use under a HMS permit that authorizes the use of 
specific gear, and a recreational charter vessel must be registered for 
use under a HMS permit if that vessel is used:

[[Page 384]]

    (i) To fish for HMS in the U.S. EEZ off the States of California, 
Oregon, and Washington; or
    (ii) To land or transship HMS shoreward of the outer boundary of the 
U.S. EEZ off the States of California, Oregon, and Washington.
    (2) The permit must be on board the vessel and available for 
inspection by an authorized officer, except that if the permit was 
issued while the vessel was at sea, this requirement applies only to any 
subsequent trip.
    (3) 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.
    (4) 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) an HMS permit.
    (b) Application. (1) Following publication of the final rule 
implementing the FMP, NMFS will issue permits to the owners of those 
vessels on a list of vessels obtained from owners previously applying 
for a permit under the authority of the High Seas Fishing Compliance 
Act, the Tuna Conventions Act of 1950, the Marine Mammal Protection Act, 
and the Fishery Management Plan for Pelagic Fisheries of the Western 
Pacific Region, or whose vessels are listed on the vessel register of 
the Inter-American Tropical Tuna Commission.
    (2) All permits issued by NMFS in accordance with paragraph (b)(1) 
of this section will authorize the use of specific fishing gear by the 
identified commercial fishing vessels.
    (3) An owner of a vessel subject to these requirements who has not 
received an HMS permit from NMFS and who wants to engage in the 
fisheries must apply to the SFD for the required permit in accordance 
with the following:
    (i) A Southwest Region Federal Fisheries application form may be 
obtained from the SFD or downloaded from the Southwest Region home page 
(http://swr.nmfs.noaa.gov/permits.htm) to apply for a permit under this 
section. A completed application is one that contains all the necessary 
information and signatures required.
    (ii) 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.
    (iii) A permit will be issued by the SFD. If an application is 
denied, the SFD will indicate the reasons for denial.
    (iv) Appeals. (A) Any applicant for an initial permit may appeal the 
initial issuance decision to the RA. To be considered by the RA, 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 RA. The appellant may 
request an informal hearing on the appeal.
    (B) Upon receipt of an appeal authorized by this section, the RA 
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.
    (C) Upon receipt of sufficient information, the RA will decide the 
appeal in accordance with the permit provisions set forth in this 
section at the time of the application, based upon information relative 
to the application on file at NMFS and the Council and any additional 
information submitted to or obtained by the RA, the summary record kept 
of any hearing and the hearing officer's recommended decision, if any, 
and such other considerations as the RA deems appropriate. The RA will 
notify all interested persons of the decision, and the reasons for the 
decision, in writing, normally within 30 days of the receipt of 
sufficient information, unless additional time is needed for a hearing.
    (D) If a hearing is requested, or if the RA determines that one is 
appropriate, the RA 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

[[Page 385]]

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 RA.
    (E) The RA may adopt the hearing officer's recommended decision, in 
whole or in part, or may reject or modify it. In any event, the RA will 
notify interested persons of the decision, and the reason(s) therefore, 
in writing, within 30 days of receipt of the hearing officer's 
recommended decision. The RA's decision will constitute the final 
administrative action by NMFS on the matter.
    (F) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the RA for good cause, either upon his 
or her own motion or upon written request from the appellant stating the 
reason(s) therefore.
    (4) Permits issued under this subpart will remain valid until the 
first date of renewal, and permits may be subsequently be renewed for 2-
year terms. The first date of renewal will be the last day of the vessel 
owner's birth month in the second calendar year after the permit is 
issued (e.g., if the birth month is March and the permit is issued on 
October 3, 2007, the permit will remain valid through March 31, 2009).
    (5) Replacement permits may be issued without charge to replace lost 
or mutilated permits. Replacement permits may be obtained by submitting 
to the SFD c/o the Regional Administrator a complete, signed vessel 
permit application. An application for a replacement permit is not 
considered a new application.
    (6) Any permit that has been altered, erased, or mutilated is 
invalid.
    (c) 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 HMS shoreward of 
the outer boundary of the fishery management area unless the vessel was 
at sea at the time the permit was issued. Any permit issued under this 
section must be displayed for inspection upon request of an authorized 
officer.
    (d) Sanctions. Procedures governing sanctions and denials are found 
at subpart D of 15 CFR part 904.
    (e) Fees. An application for a permit, or renewal of an existing 
permit under paragraph (b)(1) of this section will include a fee for 
each vessel. The fee amount required will be calculated in accordance 
with the NOAA Finance Handbook and specified on the application form.

[69 FR 18453, Apr. 7, 2004, as amended at 72 FR 10937, Mar. 12, 2007; 74 
FR 37178, July 28, 2009]



Sec. 660.708  Reporting and recordkeeping.

    (a) Logbooks. The operator of any commercial fishing vessel and any 
recreational charter vessel fishing for HMS in the management area 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 or a state agency. 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 either the Regional Administrator or the 
appropriate state management agency within 30 days of each landing or 
transhipment of HMS. Each form must be signed and dated by the fishing 
vessel operator.
    (1) Logbooks that meet the logbook reporting requirement may be 
found at http://swr.nmfs.noaa.gov/logbooks.htm and include:
    (i) The logbook required under 50 CFR 300.21 implementing the Tuna 
Conventions Act of 1950;
    (ii) The logbook required under Sec. 660.14 implementing the 
Fishery Management Plan for Pelagic Fisheries of the Western Pacific 
Region;
    (iii) The logbook required by 50 CFR 300.17 implementing the High 
Seas Fishing Compliance Act of 1995.
    (iv) Any logbook required by the fishery management agency of the 
States of California, Oregon, or Washington.
    (2) Any holder of a permit who does not submit logbooks under any of 
the above authorities must submit a written request to the SFD for the 
appropriate logbook. The applicant must

[[Page 386]]

provide his or her name and address, the name of the vessel, and the 
type of fishing gear used.
    (3) The Regional Administrator may, after consultation with the 
Council, act to modify the information to be provided on the fishing 
record forms.
    (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 
HMS containing all data, and in the exact manner, required by the 
applicable state law.

[69 FR 18453, Apr. 7, 2004]



Sec. 660.709  Annual specifications.

    (a) Procedure. (1) In June of each year, the HMSMT will deliver a 
preliminary SAFE report to the Council for all HMS with any necessary 
recommendations for harvest guidelines, quotas or other management 
measures to protect HMS.
    (2) In September of each year, the HMSMT will deliver a final SAFE 
report to the Council. The Council will adopt any necessary harvest 
guidelines, quotas or other management measures for public review.
    (3) In November each year, the Council will take final action on any 
necessary harvest guidelines, quotas, or other management measures and 
make its recommendations to NMFS.
    (4) The Regional Administrator will implement through rulemaking any 
necessary and appropriate harvest guidelines, quotas, or other 
management measures based on the SAFE report, recommendations from the 
Council, and the requirements contained in the FMP.
    (b) Fishing seasons for all species will begin on April 1 of each 
year at 0001 hours local time and terminate on March 31 of each year at 
2400 hours local time.
    (c) Harvest guidelines, quotas, and other management measures 
announced for a particular year will be in effect the following year 
unless changed through the public review process described in paragraph 
(a) of this section.
    (d) Irrespective of the normal review process, the Council may 
propose management action to protect HMS at any time. The Council may 
adopt a management cycle different from the one described in this 
section provided that such change is made by a majority vote of the 
Council and a 6-month notice of the change is given. NMFS will implement 
the new schedule through rulemaking.



Sec. 660.710  Closure of directed fishery.

    (a) When a quota has been taken, the Regional Administrator will 
announce in the Federal Register the date of closure of the fishery for 
the species of concern.
    (b) When a harvest guideline has been taken, the Regional 
Administrator will initiate review of the species of concern according 
to section 8.4.8 of the FMP and publish in the Federal Register any 
necessary and appropriate regulations following Council recommendations.



Sec. 660.711  General catch restrictions.

    (a) Prohibited species. HMS under the FMP for which quotas have been 
achieved and the fishery closed are prohibited species. In addition, the 
following are prohibited species:
    (1) Any species of salmon.
    (2) Great white shark.
    (3) Basking shark.
    (4) Megamouth shark.
    (5) Pacific halibut.
    (b) Incidental landings. HMS caught by gear not authorized by this 
subpart may be landed in incidental amounts as follows:
    (1) Drift gillnet vessels with stretched mesh less than 14 inches 
may land up to 10 HMS per trip, except that no swordfish may be landed.
    (2) Bottom longline vessels may land up to 20 percent by weight of 
management unit sharks in landings of all species, or 3 individual 
sharks of the species in the management unit, whichever is greater.
    (3) Trawl and pot gear vessels may land up to 1 percent by weight of 
management unit sharks in a landing of all species or 2 individual 
sharks of the species in the management unit, whichever is greater.
    (c) Marlin prohibition. The sale of striped marlin by a vessel with 
a permit under this subpart is prohibited.
    (d) Sea turtle handling and resuscitation. All sea turtles taken 
incidentally

[[Page 387]]

in fishing operations by any HMS vessel other than vessels subject to 
Sec. 660.712 must be handled in accordance with 50 CFR 223.206(d)(1).



Sec. 660.712  Longline fishery.

    (a) Gear and fishing restrictions. (1) Owners and operators of 
vessels registered for use of longline gear may not use longline gear to 
fish for or target HMS within the U.S. EEZ.
    (2) Owners and operators of vessels registered for use of longline 
gear may not make shallow sets with longline gear to fish for or target 
swordfish (Xiphias gladius) west of 150[deg] W. long. and north of the 
equator (0[deg] N. lat.).
    (3) A person aboard a vessel registered for use of longline gear 
fishing for HMS west of 150[deg] W. long. and north of the equator 
(0[deg] N. 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.
    (4) From April 1 through May 31, owners and operators of vessels 
registered for use of longline gear 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[deg] long.
    (5) From April 1 through May 31, owners and operators of vessels 
registered for use of longline gear may not receive from another vessel 
HMS 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.
    (6) From April 1 through May 31, owners and operators of vessels 
registered for use of longline gear may not land or transship HMS 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.
    (7) No light stick may be possessed on board a vessel registered for 
use of longline gear during fishing trips that include any fishing west 
of 150[deg] W. long. and north of the equator (0[deg] N. 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.
    (8) When a conventional monofilament longline is deployed in waters 
west of 150[deg] W. long. and north of the equator (0[deg] N. lat.) by a 
vessel registered for use of longline gear, no fewer than 15 branch 
lines may be set between any two floats. Vessel operators using basket-
style longline gear must set a minimum of 10 branch lines between any 2 
floats when fishing in waters north of the equator.
    (9) Longline gear deployed west of 150[deg] W. long. and north of 
the equator (0[deg] N. lat.) by a vessel registered for use of longline 
gear must be deployed such that the deepest point of the main longline 
between any two 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.
    (10) Owners and operators of longline vessels registered for use of 
longline gear may land or posses no more than 10 swordfish from a 
fishing trip where any part of the trip included fishing west of 
150[deg] W. long. and north of the equator (0[deg] N. lat.).
    (11) Owners and operators of longline vessels registered for use of 
longline gear are subject to the provisions at 50 CFR part 223 
prohibiting shallow sets to target swordfish in waters beyond the U.S. 
EEZ and east of 150[deg] W. long. and establishing that no more than 10 
swordfish may be landed by a longline vessel registered for use of 
longline gear from a trip if any sets of longline gear were made on that 
trip in those waters.
    (b) Sea turtle take mitigation measures. (1) Owners and operators of 
vessels registered for use of longline gear must carry aboard their 
vessels line clippers meeting the minimum design standards specified in 
paragraph (b)(2) of this section, dip nets meeting minimum standards 
specified in paragraph (b)(3) 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)(4) through 
(b)(7) of this section.

[[Page 388]]

    (2) 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 (see 
figure 1 to Sec. 660.32). The minimum design standards are as follows:
    (i) 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) 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) The line clipper must have an extended reach handle or pole of 
at least 6 ft (1.82 m).
    (iv) The cutting blade must be securely fastened to the extended 
reach handle or pole to ensure effective deployment and use.
    (3) 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 are:
    (i) 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) 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 x 
7.62 cm).
    (4) 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.
    (i) 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 (b)(5) and (b)(6) of this 
section.
    (ii) If a sea turtle is too large or hooked in such a manner as to 
preclude safe boarding without causing further damage/injury to the 
turtle, line clippers described in paragraph (b)(2) of this section must 
be used to clip the line and remove as much line as possible prior to 
releasing the turtle.
    (iii) If a sea turtle is observed to be hooked or entangled by 
longline gear during hauling operations, the vessel operator must 
immediately cease hauling operations until the turtle has been removed 
from the longline gear or brought on board the vessel.
    (iv) Hooks must be removed from sea turtles as quickly and carefully 
as possible. If a hook cannot be removed from a turtle, the line must be 
cut as close to the hook as possible.
    (5) 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 to keep a turtle moist. Those that revive and become 
active must be returned to the sea in the manner described in paragraph 
(b)(6) 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 (b)(6)(i) of this section.
    (6) Live turtles must be returned to the sea after handling in 
accordance with the requirements of paragraphs (b)(4) and (b)(5) of this 
section:
    (i) By putting the vessel engine in neutral gear so that the 
propeller is

[[Page 389]]

disengaged and the vessel is stopped, and releasing the turtle away from 
deployed gear; and
    (ii) Observing that the turtle is safely away from the vessel before 
engaging the propeller and continuing operations.
    (7) In addition to the requirements in paragraphs (b) and (c) of 
this section, a vessel operator shall perform sea turtle handling and 
resuscitation techniques consistent with 50 CFR 223.206(d)(1), as 
appropriate.
    (c) Longline Seabird mitigation measures. (1) Seabird mitigation 
techniques. Owners and operators of vessels registered for use of 
longline gear must ensure that the following actions are taken when 
fishing north of 23[deg] N. lat.:
    (i) Employ a line setting machine or line shooter to set the main 
longline when making deep sets west of 150[deg] W. long. using 
monofilament main longline;
    (ii) 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;
    (iii) When using basket-style longline gear, ensure that the main 
longline is deployed slack to maximize its sink rate;
    (2) Use completely thawed bait that has been dyed blue to an 
intensity level specified by a color quality control card issued by 
NMFS;
    (3) Maintain a minimum of two cans (each sold as 0.45 kg or 1 lb 
size) containing blue dye on board the vessel;
    (4) 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;
    (5) 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;
    (6) Remove all hooks from fish, fish parts, or spent bait prior to 
its discharge in accordance with paragraph (c)(4) of this section; and
    (7) 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.
    (8) If a short-tailed albatross is hooked or entangled by a vessel 
registered for use of longline gear, owners and operators must ensure 
that the following actions are taken:
    (i) Stop the vessel to reduce the tension on the line and bring the 
bird on board the vessel using a dip net;
    (ii) Cover the bird with a towel to protect its feathers from oils 
or damage while being handled;
    (iii) Remove any entangled lines from the bird;
    (iv) Determine if the bird is alive or dead.
    (A) 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.
    (B) If alive, handle the bird in accordance with paragraphs (c)(9) 
through (c)(14) of this section.
    (9) Place the bird in a safe enclosed place;
    (10) 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;
    (11) Follow the veterinary guidance regarding the handling and 
release of the bird.
    (12) Complete the short-tailed albatross recovery data form issued 
by NMFS.
    (13) If the bird is externally hooked and no veterinary guidance is 
received within 24-48 hours, handle the bird in accordance with 
paragraphs (c)(17)(iv) and (v) of this section, and release the

[[Page 390]]

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.
    (14) If released under paragraph (c)(13) of this section or under 
the guidance of a veterinarian, all released birds must be placed on the 
sea surface.
    (15) 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.
    (16) Complete the short-tailed albatross recovery data form issued 
by NMFS.
    (17) If a seabird other than a short-tailed albatross is hooked or 
entangled by a vessel registered for use of longline gear, owners and 
operators must ensure that the following actions are taken:
    (i) Stop the vessel to reduce the tension on the line and bring the 
seabird on board the vessel using a dip net;
    (ii) Cover the seabird with a towel to protect its feathers from 
oils or damage while being handled;
    (iii) Remove any entangled lines from the seabird;
    (iv) 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;
    (v) Cut the fishing line as close as possible to ingested or 
inaccessible hooks;
    (vi) Leave the bird in a safe enclosed space to recover until its 
feathers are dry; and
    (vii) After recovered, release seabirds by placing them on the sea 
surface.
    (d) Vessel monitoring system. (1) Only a VMS unit owned by NMFS and 
installed by NMFS complies with the requirement of this subpart.
    (2) After the holder of a permit to use longline gear has been 
notified by the SAC of a specific date for installation of a VMS unit on 
the permit holder's vessel, the vessel must carry the VMS unit after the 
date scheduled for installation.
    (3) A longline permit holder will 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.
    (4) The holder of a longline permit and the master of the vessel 
operating under the permit must:
    (i) Provide opportunity for the SAC to install and make operational 
a VMS unit after notification.
    (ii) Carry the VMS unit on board whenever the vessel is at sea.
    (iii) Not remove or relocate the VMS unit without prior approval 
from the SAC.
    (5) 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.
    (e) Protected species workshop. (1) Each year both the owner and the 
operator of a vessel registered for use of longline gear 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.
    (2) A protected species workshop certificate will be issued by NMFS 
annually to any person who has completed the workshop.
    (3) An owner of a vessel registered for use of longline gear must 
have on file a valid protected species workshop certificate or copy 
issued by NMFS in order to maintain or renew their vessel registration.
    (4) An operator of a vessel registered for use of longline gear must 
have on board the vessel a valid protected species workshop certificate 
issued by NMFS or a legible copy thereof.
    (f) An operator of a vessel registered for use of longline gear must 
notify the Regional Administrator at least 24 hours prior to embarking 
on a fishing

[[Page 391]]

trip regardless of the intended area of fishing.
    (g) An operator of a vessel registered for use of longline gear in 
waters east of 150[deg] W. long. and beyond the EEZ is subject to the 
requirements at 50 CFR part 223.

[69 FR 18453, Apr. 7, 2004]



Sec. 660.713  Drift gillnet fishery.

    (a) Take Reduction Plan gear restrictions. Gear restrictions 
resulting from the Pacific Offshore Cetacean Take Reduction Plan 
established under the authority of the Marine Mammal Protection Act of 
1972 can be found at 50 CFR 229.31.
    (b) Other gear restrictions. (1) The maximum length of a drift 
gillnet on board a vessel shall not exceed 6,000 ft (1828 m).
    (2) Up to 1,500 ft (457 m) of drift gillnet in separate panels of 
600 ft (182.88 m) may be on board the vessel in a storage area.
    (c) Protected Resource Area closures. (1) Pacific leatherback 
conservation area. No person may fish with, set, or haul back drift 
gillnet gear in U.S. waters of the Pacific Ocean from August 15 through 
November 15 in the area bounded by straight lines connecting the 
following coordinates in the order listed:
    (i) Pt. Sur at 36[deg]18.5[min] N. lat., to
    (ii) 34[deg]27[min] N. lat. 123[deg]35[min] W. long., to
    (iii) 34[deg]27[min] N. lat. 129[deg] W. long., to
    (iv) 45[deg] N. lat. 129[deg] W. long., thence to
    (v) the point where 45[deg] N. lat. intersects the Oregon coast.
    (2) Pacific loggerhead conservation area. No person may fish with, 
set, or haul back drift gillnet gear in U.S. waters of the Pacific Ocean 
east of the 120[deg] W. meridian from June 1 through August 31 during a 
forecasted, or occurring, El Nino event off the coast of southern 
California.
    (i) Notification of an El Nino event. The Assistant Administrator 
will publish in the Federal Register a notification that an El Nino 
event is occurring, or is forecast to occur, off the coast of southern 
California and the requirement of a closure under this paragraph (c)(2). 
Furthermore, the Assistant Administrator will announce the requirement 
of such a closure by other methods as are necessary and appropriate to 
provide actual notice to the participants in the California/Oregon drift 
gillnet fishery.
    (ii) Determination of El Nino conditions. The Assistant 
Administrator will rely on information developed by NOAA offices which 
monitor El Nino events, such as NOAA's Climate Prediction Center and the 
West Coast Office of NOAA's Coast Watch program, in order to determine 
whether an El Nino is forecasted or occurring for the coast of southern 
California. The Assistant Administrator will use the monthly sea surface 
temperature anomaly charts to determine whether there are warmer than 
normal sea surface temperatures present off of southern California 
during the months prior to the closure month for years in which an El 
Nino event has been declared by the NOAA Climate Prediction Center. 
Specifically, the Assistant Administrator, will use sea surface 
temperature data from the third and second months prior to the month of 
the closure for determining whether El Nino conditions are present off 
of southern California.
    (iii) Reopening. If, during a closure as described within this 
paragraph (c)(2), sea surface temperatures return to normal or below 
normal, the Assistant Administrator may publish a Federal Register 
notice announcing that El Nino conditions are no longer present off the 
coast of southern California and may terminate the closure prior to 
August 31.
    (d) Mainland area closures. The following areas off the Pacific 
coast are closed to driftnet gear:
    (1) Within the U.S. EEZ from the United States-Mexico International 
Boundary to the California-Oregon border from February 1 through April 
30.
    (2) In the portion of the U.S. EEZ within 75 nautical miles from the 
mainland shore from the United States-Mexico International Boundary to 
the California-Oregon border from May 1 through August 14.
    (3) In the portion of the U.S. EEZ within 25 nautical miles of the 
coastline from December 15 through January 31 of the following year from 
the United States-Mexico International Boundary to the California-Oregon 
border.

[[Page 392]]

    (4) In the portion of the U.S. EEZ from August 15 through September 
30 within the area bounded by line extending from Dana Point to Church 
Rock on Santa Catalina Island, to Point La Jolla, CA.
    (5) In the portion of the U.S. EEZ within 12 nautical miles from the 
mainland shore north of a line extending west of Point Arguello, CA, to 
the California-Oregon border.
    (6) In the portion of the U.S. EEZ within the area bounded by a line 
from the lighthouse at Point Reyes to Noonday Rock, to Southeast 
Farallon Island to Pillar Point, CA.
    (7) In the portion of the U.S. EEZ off the Oregon coast east of a 
line approximating 1000 fathoms as defined by the following coordinates:
    42[deg]00[min]00[sec] N. lat. 125[deg]10[min]30[sec] W. long.
    42[deg]25[min]39[sec] N. lat. 124[deg]59[min]09[sec] W. long.
    42[deg]30[min]42[sec] N. lat. 125[deg]00[min]46[sec] W. long.
    42[deg]30[min]23[sec] N. lat. 125[deg]04[min]14[sec] W. long.
    43[deg]02[min]56[sec] N. lat. 125[deg]06[min]57[sec] W. long.
    43[deg]01[min]29[sec] N. lat. 125[deg]10[min]55[sec] W. long.
    43[deg]50[min]11[sec] N. lat. 125[deg]19[min]14[sec] W. long.
    44[deg]03[min]23[sec] N. lat. 125[deg]12[min]22[sec] W. long.
    45[deg]00[min]06[sec] N. lat. 125[deg]16[min]42[sec] W. long.
    45[deg]25[min]27[sec] N. lat. 125[deg]16[min]29[sec] W. long.
    45[deg]45[min]37[sec] N. lat. 125[deg]15[min]19[sec] W. long.
    46[deg]04[min]45[sec] N. lat. 125[deg]24[min]41[sec] W. long.
    46[deg]16[min]00[sec] N. lat. 125[deg]20[min]32[sec] W. long.
    (8) In the portion of the U.S. EEZ north of 46[deg]16[min] N. 
latitude (Washington coast).
    (e) Channel Islands area closures. The following areas off the 
Channel Islands are closed to driftnet gear:
    (1) San Miguel Island closures. (i) Within the portion of the U.S. 
EEZ north of San Miguel Island between a line extending 6 nautical miles 
west of Point Bennett, CA, and a line extending 6 nautical miles east of 
Cardwell Point, CA.
    (ii) Within the portion of the U.S. EEZ south of San Miguel Island 
between a line extending 10 nautical miles west of Point Bennett, CA, 
and a line extending 10 nautical miles east of Cardwell Point, CA.
    (2) Santa Rosa Island closure. Within the portion of the U.S. EEZ 
north of San Miguel Island between a line extending 6 nautical miles 
west from Sandy Point, CA, and a line extending 6 nautical miles east of 
Skunk Point, CA, from May 1 through July 31.
    (3) San Nicolas Island closure. In the portion of the U.S. EEZ 
within a radius of 10 nautical miles of 33[deg]16[min]41[sec] N. lat., 
119[deg]34[min]39[sec] W. long. (west end) from May 1 through July 31.
    (4) San Clemente Island closure. In the portion of the U.S. EEZ 
within 6 nautical miles of the coastline on the easterly side of San 
Clemente Island within a line extending 6 nautical miles west from 
33[deg]02[min]16[sec] N. lat., 118[deg]35[min]27[sec] W. long. and a 
line extending 6 nautical miles east from the light at Pyramid Head, CA.

[69 FR 18453, Apr. 7, 2004, as amended at 72 FR 31757, June 8, 2007]



Sec. 660.714  Purse seine fishery. [Reserved]



Sec. 660.715  Harpoon fishery. [Reserved]



Sec. 660.716  Surface hook-and-line fishery. [Reserved]



Sec. 660.717  Framework for revising regulations.

    (a) General. NMFS will establish and adjust specifications and 
management measures in accordance with procedures and standards in the 
FMP.
    (b) Annual actions. Annual specifications are developed and 
implemented according to Sec. 660.709.
    (c) Routine management measures. Consistent with section 3.4 of 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 8.3.4 of the FMP and will 
be published in the Federal Register.



Sec. 660.718  Exempted fishing.

    (a) In the interest of developing an efficient and productive 
fishery for HMS, the Regional Administrator may issue exempted fishing 
permits (EFP) for the harvest of HMS that otherwise would be prohibited.
    (b) No exempted fishing for HMS may be conducted unless authorized 
by an EFP issued for the participating vessel

[[Page 393]]

in accordance with the criteria and procedures specified in 50 CFR 
600.745.



Sec. 660.719  Scientific observers.

    (a) All fishing vessels with permits issued under this subpart and 
operating in HMS fisheries, including catcher/processors, at-sea 
processors, and vessels that embark from a port in Washington, Oregon, 
or California and land catch in another area, may be required to 
accommodate an NMFS certified observer on board to collect scientific 
data.
    (b) All vessels with observers on board must comply with the safety 
regulations at 50 CFR 600.746.
    (c) NMFS shall advise the permit holder or the designated agent of 
any observer requirement in response to any pre-trip notification in 
this subpart.
    (d) 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 50 CFR 660.718, the 
vessel may not engage in the fishery without taking the observer.
    (e) A permit holder must accommodate a NMFS observer assigned under 
this section. 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.
    (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.



Sec. 660.720  Interim protection for sea turtles.

    (a) Until the effective date of Sec. Sec. 660.707 and 660.712 (d) 
and (e), it is unlawful for any person who is not operating under a 
Hawaii longline limited access permit under Sec. 660.21(b) to do any of 
the following:
    (1) Direct fishing effort toward the harvest of swordfish (Xiphias 
gladius) using longline gear deployed on the high seas of the Pacific 
Ocean west of 150[deg] W. long. and north of the equator (0[deg] lat.).
    (2) Possess a light stick on board a longline vessel on the high 
seas of the Pacific Ocean west of 150[deg] W. long. north of the 
equator. A light stick as used in this paragraph is any type of light 
emitting device, including any fluorescent glow bead, chemical, or 
electrically powered light that is affixed underwater to the longline 
gear.
    (3) An operator of a longline vessel subject to this section may 
land or possess no more than 10 swordfish from a fishing trip where any 
part of the trip included fishing west of 150[deg] W. long. and north of 
the equator (0[deg] N. lat.).
    (4) Fail to employ basket-style longline gear such that the mainline 
is deployed slack when fishing on the high seas of the Pacific Ocean 
west of 150[deg] W. long. north of the equator.
    (5) When a conventional monofilament longline is deployed by a 
vessel subject to this section, no fewer than 15 branch lines may be set 
between any two floats. Vessel operators

[[Page 394]]

using basket-style longline gear must set a minimum of 10 branch lines 
between any 2 floats when fishing in waters west of 150[deg] W. long. 
north of the equator.
    (6) Longline gear deployed by a vessel subject to this section must 
be deployed such that the deepest point of the main longline between any 
two 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.
    (b) [Reserved]



Sec. 660.721  Recreational fishing bag limits.

    This section applies to recreational fishing for HMS management unit 
species in the U.S. EEZ off the coast of California, Oregon, and 
Washington and in the adjacent high seas areas. In addition to 
individual fishermen, the operator of a vessel that fishes in the EEZ is 
responsible for ensuring that the bag limits of this section are not 
exceeded. The bag limits of this section apply on the basis of each 24-
hour period at sea, regardless of the number of trips per day. The 
provisions of this section do not authorize any person to take more than 
one daily bag limit of fishing during one calendar day. Federal 
recreational HMS regulations are not intended to supersede any more 
restrictive state recreational HMS regulations relating to federally-
managed HMS. The bag limits include fish taken in both state and Federal 
waters.
    (a) Albacore Tuna Daily Bag Limit. Except pursuant to a multi-day 
possession permit referenced in paragraph (c) of this section, a 
recreational fisherman may take or retain no more than:
    (1) Ten albacore tuna if any part of the fishing trip occurs in the 
U.S. EEZ south of a line running due west true from 34[deg]27[min] N. 
latitude (at Point Conception, Santa Barbara County) to the U.S.-Mexico 
border.
    (2) Twenty-five albacore tuna if any part of the fishing trip occurs 
in the U.S. EEZ north of a line running due west true from 
34[deg]27[min] N. latitude (at Point Conception, Santa Barbara County) 
to the California-Oregon border.
    (b) Bluefin Tuna Daily Bag Limit. A recreational fisherman may take 
or retain no more than 10 bluefin tuna in the U.S. EEZ off the coast of 
California.
    (c) Possession Limits. If the State of California requires a multi-
day possession permit for albacore or bluefin tuna harvested by a 
recreational fishing vessel and landed in California, aggregating daily 
trip limits for multi-day trips would be deemed consistent with Federal 
law.
    (d) Boat Limits Off the coast of California, boat limits apply, 
whereby each fisherman aboard a vessel may continue to use recreational 
angling gear until the combined daily limits of HMS for all licensed and 
juvenile anglers aboard has been attained (additional state restrictions 
on boat limits may apply). Unless otherwise prohibited, when two or more 
persons are angling for HMS species aboard a vessel in the EEZ, fishing 
may continue until boat limits are reached.

[72 FR 58259, Oct. 15, 2007]



    Sec. Table 2 to Part 660--Vessel Capacity Ratings for West Coast 
                    Groundfish Limited Entry Permits

------------------------------------------------------------------------
                                                                Capacity
                        Vessel length                            rating
------------------------------------------------------------------------
<20..........................................................       1.00
 21..........................................................       1.13
 22..........................................................       1.27
 23..........................................................       1.42
 24..........................................................       1.58
 25..........................................................       1.75
 26..........................................................       1.93
 27..........................................................       2.12
 28..........................................................       2.32
 29..........................................................       2.53
 30..........................................................       2.76
 31..........................................................       2.99
 32..........................................................       3.24
 33..........................................................       3.50
 34..........................................................       3.77
 35..........................................................       4.05
 36..........................................................       4.35
 37..........................................................       4.66
 38..........................................................       4.98
 39..........................................................       5.31
 40..........................................................       5.66
 41..........................................................       6.02
 42..........................................................       6.39
 43..........................................................       6.78
 44..........................................................       7.18
 45..........................................................       7.59
 46..........................................................       8.02
 47..........................................................       8.47
 48..........................................................       8.92
 49..........................................................       9.40
 50..........................................................       9.88
 51..........................................................      10.38
 52..........................................................      10.90
 53..........................................................      11.43
 54..........................................................      11.98
 55..........................................................      12.54

[[Page 395]]

 
 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
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

[[Page 396]]

 
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
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

[[Page 397]]

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


    Effective Date Note: At 75 FR 60995, Oct. 1, 2010, Table 2 to part 
660 was redesignated as Table 3 to part 660 in subpart C, effective Nov. 
1, 2010.



PART 665_FISHERIES IN THE WESTERN PACIFIC--Table of Contents



                            Subpart A_General

Sec.
665.1 Purpose and scope.
665.2 Relation to other laws.
665.3 Licensing and registration.
665.4-665.11 [Reserved]
665.12 Definitions.
665.13 Permits and fees.
665.14 Reporting and recordkeeping.
665.15 Prohibitions.
665.16 Vessel identification.
665.17 Experimental fishing.
665.18 Framework adjustments to management measures.
665.19 Vessel monitoring system.
665.20 Western Pacific Community Development Program.

                   Subpart B_American Samoa Fisheries

665.98 Management area.
665.99 Area restrictions.
665.100 American Samoa bottomfish fisheries [Reserved]
665.101 Definitions.
665.102 [Reserved]
665.103 Prohibitions.
665.104 Gear restrictions.
665.105 At-sea observer coverage.
665.106-665.119 [Reserved]
665.120 American Samoa coral reef ecosystem fisheries [Reserved]
665.121 Definitions.
665.122 [Reserved]
665.123 Relation to other laws.
665.124 Permits and fees.
665.125 Prohibitions.
665.126 Notifications.
665.127 Allowable gear and gear restrictions.
665.128 Gear identification.
665.129-665.139 [Reserved]
665.140 American Samoa crustacean fisheries [Reserved]
665.141 Definitions.
665.142 Permits.
665.143 Prohibitions.
665.144 Notifications.
665.145 At-sea observer coverage.
665.146-665.159 [Reserved]
665.160 American Samoa precious coral fisheries [Reserved]
665.161 Definitions.
665.162 Permits.
665.163 Prohibitions.
665.164 Gear restrictions.
665.165 Size restrictions.
665.166 Closures.
665.167 Quotas.
665.168 Seasons.
665.169 Gold coral harvest moratorium.

                       Subpart C_Hawaii Fisheries

665.198 Management areas.
665.199 Area restrictions [Reserved]
665.200 Hawaii bottomfish and seamount groundfish fisheries [Reserved]
665.201 Definitions.
665.202 Management subareas.
665.203 Permits.
665.204 Prohibitions.
665.205 Notification.
665.206 Gear restrictions.

[[Page 398]]

665.207 At-sea observer coverage.
665.208 Protected species conservation.
665.209 Fishing moratorium on Hancock Seamount.
665.210 Hawaii restricted bottomfish species.
665.211 Total Allowable Catch (TAC) limit.
665.212 Non-commercial bag limits.
665.213-665.219 [Reserved]
665.220 Hawaii coral reef ecosystem fisheries [Reserved]
665.221 Definitions.
665.222 Management area.
665.223 Relation to other laws.
665.224 Permits and fees.
665.225 Prohibitions.
665.226 Notifications.
665.227 Allowable gear and gear restrictions.
665.228 Gear identification.
665.229-665.239 [Reserved]
665.240 Hawaii crustacean fisheries [Reserved]
665.241 Definitions.
665.242 Permits.
665.243 Prohibitions.
665.244 Notifications.
665.245 Gear restrictions.
665.246 Gear identification.
665.247 At-sea observer coverage.
665.248 Monk seal protective measures.
665.249 Lobster size and condition restrictions in Permit Area 2.
665.250 Closed seasons.
665.251 Closed areas.
665.252 Harvest limitation program.
665.253-665.259 [Reserved]
665.260 Hawaii precious coral fisheries [Reserved]
665.261 Definitions.
665.262 Permits.
665.263 Prohibitions.
665.264 Gear restrictions.
665.265 Size restrictions.
665.266 Area restrictions.
665.267 Seasons.
665.268 Closures.
665.269 Quotas.
665.270 Gold coral harvest moratorium.

                 Subpart D_Mariana Archipelago Fisheries

665.398 Management areas.
665.399 Area restrictions.
665.400 Mariana bottomfish fisheries [Reserved]
665.401 Definitions.
665.402 Management subareas.
665.403 Bottomfish fishery area management.
665.404 Permits.
665.405 Prohibitions.
665.406 Gear restrictions.
665.407 At-sea observer coverage.
665.418-665.419 [Reserved]
665.420 Mariana coral reef ecosystem fisheries [Reserved]
665.421 Definitions.
665.422 Management area.
665.423 Relation to other laws.
665.424 Permits and fees.
665.425 Prohibitions.
665.426 Notifications.
665.427 Allowable gear and gear restrictions.
665.428 Gear identification.
665.429-665.439 [Reserved]
665.440 Mariana crustacean fisheries [Reserved]
665.441 Definitions.
665.442 Permits.
665.443 Prohibitions.
665.444 Notifications.
665.445 At-sea observer coverage.
665.446-665.459 [Reserved]
665.460 Mariana precious coral fisheries [Reserved]
665.461 Definitions.
665.462 Permits.
665.463 Prohibitions.
665.464 Gear restrictions.
665.465 Size restrictions.
665.466 Closures.
665.467 Quotas.
665.468 Seasons.
665.469 Gold coral harvest moratorium.

             Subpart E_Pacific Remote Island Area Fisheries

665.598 Management area.
665.599 Area Restrictions.
665.600 PRIA bottomfish fisheries [Reserved]
665.601 Definitions.
665.602 [Reserved]
665.603 Permits.
665.604 Prohibitions.
665.605 Gear restrictions.
665.606 At-sea observer coverage.
665.607-665.619 [Reserved]
665.620 PRIA coral reef ecosystem fisheries [Reserved]
665.621 Definitions.
665.622 [Reserved]
665.623 Relation to other laws.
665.624 Permits and fees.
665.625 Prohibitions.
665.626 Notifications.
665.627 Allowable gear and gear restrictions.
665.628 Gear identification.
665.640 PRIA crustacean fisheries.
665.629-665.639 [Reserved]
665.641 Definitions.
665.642 Permits.
665.643 Prohibitions.
665.644 Notifications
665.645 At-sea observer coverage.
665.646-665.659 [Reserved]
665.660 PRIA precious coral fisheries [Reserved]
665.661 Definitions.
665.662 Permits.
665.663 Prohibitions.
665.664 Gear restrictions.
665.665 Size restrictions.

[[Page 399]]

665.666 Closures.
665.667 Quotas.
665.668 Seasons.
665.669 Gold coral harvest moratorium.

               Subpart F_Western Pacific Pelagic Fisheries

665.798 Management area.
665.799 Area restrictions.
665.800 Definitions.
665.801 Permits.
665.802 Prohibitions.
665.803 Notifications.
665.804 Gear identification.
665.805 [Reserved]
665.806 Longline fishing prohibited area management.
665.807 Exemptions for longline fishing prohibited areas; procedures.
665.808 Conditions for at-sea observer coverage.
665.809 Port privileges and transiting for unpermitted U.S. longline 
          vessels.
665.810 Prohibition of drift gillnetting.
665.811 [Reserved]
665.812 Sea turtle take mitigation measures.
665.813 Western Pacific longline fishing restrictions.
665.814 Protected species workshop.
665.815 Pelagic longline seabird mitigation measures.
665.816 American Samoa longline limited entry program.
665.817 American Samoa pelagic fishery area management.
665.818 Exemptions for American Samoa large vessel prohibited areas.

Figure 1 to Part 665--Carapace Length of Lobsters
Figure 2 to Part 665--Length of Fishing Vessels
Figure 3 to Part 665--Sample Fabricated Arceneaux Line Clipper

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

    Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.



                            Subpart A_General



Sec. 665.1  Purpose and scope.

    (a) The regulations in this part govern fishing for western Pacific 
fishery ecosystem MUS by vessels of the United States that operate or 
are based inside the outer boundary of the U.S. EEZ around American 
Samoa, Hawaii, Guam, the Northern Mariana Islands, Palmyra Atoll, 
Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston 
Atoll, and Wake Island.
    (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 50 CFR part 600.
    (c) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found in 50 CFR part 600 subpart N.
    (d) This subpart contains regulations that are common to all western 
Pacific fisheries managed under Fishery Ecosystem Plans (FEPs) prepared 
by the Western Pacific Fishery Management Council under the Magnuson-
Stevens Act.
    (e) Regulations specific to individual areas and fisheries are 
included in subparts B through F of this part.
    (f) Nothing in subparts B through F of this part is intended to 
supersede any valid state or Federal regulations that are more 
restrictive than those published here.



Sec. 665.2  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, that is consistent with this part and the FEPs 
implemented by this part, shall continue in effect with respect to 
fishing activities regulated under this part.



Sec. 665.3  Licensing and registration.

    Any person who is required to do so by applicable state law or 
regulation must comply with licensing and registration requirements in 
the exact manner required by applicable state law or regulation.



Sec. Sec. 665.4-665.11  [Reserved]



Sec. 665.12  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, Sec. 
600.10 of this chapter, and subparts B through F of this part, general 
definitions for western Pacific fisheries have the following meanings:
    American Samoa FEP means the Fishery Ecosystem Plan for American 
Samoa.
    Bottomfish FMP means the Fishery Management Plan for Bottomfish and 
Seamount Groundfish of the Western Pacific Region established in 1986 
and replaced by FEPs.

[[Page 400]]

    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 to this part).
    Circle hook means a fishing hook with the point turned 
perpendicularly back towards the shank.
    Commercial fishing means fishing in which the fish harvested, either 
in whole or in part, are intended to enter commerce or enter commerce 
through sale, barter, or trade. All lobster fishing in Crustacean Permit 
Area 1 is considered commercial fishing.
    Commonwealth of the Northern Mariana Islands (CNMI) means the 
Northern Mariana Islands.
    Coral Reef Ecosystems FMP means the Fishery Management Plan for 
Coral Reef Ecosystems of the Western Pacific Region established in 2004 
and replaced by FEPs.
    Council means the Western Pacific Fishery Management Council.
    Crustacean receiving vessel means a vessel of the United States to 
which lobsters taken in a crustacean management area are transferred 
from another vessel.
    Crustaceans FMP means the Fishery Management Plan for Crustacean 
Fisheries of the Western Pacific Region established in 1982 and replaced 
by FEPs.
    Currently harvested coral reef taxa (CHCRT) means coral reef 
associated species, families, or subfamilies, as defined in Sec. Sec. 
665.121, 665.221, 665.421, and 665.621, that have annual landings 
greater than 454.54 kg (1,000 lb) as reported on individual state, 
commonwealth, or territory catch reports or through creel surveys. 
Fisheries and research data from many of these species have been 
analyzed by regional management agencies.
    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 crustacean 
fisheries in subparts B through E of this part; or
    (2) A person who provides recordkeeping, purchase, or sales 
assistance in the first transaction involving MUS (such as the services 
provided by a wholesale auction facility).
    Fishing gear, as used in regulations for the American Samoa, CNMI, 
Hawaii, and PRIA bottomfish fisheries in subparts B through E 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; and
    (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, with the exception of 
fishing for Hawaii Restricted Bottomfish Species and any precious coral 
MUS.
    Freeboard means the straight line vertical distance between a 
vessel's working deck and the sea surface. If the vessel does not have 
gunwale door or stern door that exposes the working deck, freeboard 
means the straight line vertical distance between the top of a vessel's 
railing and the sea surface.
    Harvest guideline means a specified numerical harvest objective.
    Hawaiian Archipelago means the Main and Northwestern Hawaiian 
Islands, including Midway Atoll.
    Hawaii FEP means the Fishery Ecosystem Plan for the Hawaiian 
Archipelago.
    Hookah breather means a tethered underwater breathing device that 
pumps air from the surface through one or more hoses to divers at depth.
    Incidental catch or incidental species means species caught while 
fishing for the primary purpose of catching a different species.

[[Page 401]]

    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 this part, any vessel equal to or 
greater than 50 ft (15.2 m) in length overall.
    Length overall (LOA) or length of a vessel as used in this part, 
means 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 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.
    Live rock means any natural, hard substrate, including dead coral or 
rock, to which is attached, or which supports, any living marine life 
form associated with coral reefs.
    Low-use marine protected area (MPA) means an area of the U.S. EEZ 
where fishing operations have specific restrictions in order to protect 
the coral reef ecosystem, as specified under area restrictions in 
subparts B through F of this part.
    Main Hawaiian Islands (MHI) means the islands of the Hawaii 
Archipelago lying to the east of 161[deg] W. long.
    Mariana Archipelago means Guam and the Northern Mariana Islands.
    Mariana FEP means the Fishery Ecosystem Plan for the Mariana 
Archipelago.
    Medium vessel, as used in this part, means any vessel equal to or 
more than 40 ft (12.2 m) and less than 50 ft (15.2 m) LOA.
    Non-commercial fishing means fishing that does not meet the 
definition of commercial fishing.
    Non-precious coral means any species of coral other than those 
listed under the definitions for precious coral in Sec. Sec. 665.161, 
665.261, 665.461, and 665.661.
    Non-selective gear means any gear used for harvesting coral that 
cannot discriminate or differentiate between types, size, quality, or 
characteristics of living or dead coral.
    Northwestern Hawaiian Islands (NWHI) means the islands of the 
Hawaiian Archipelago lying to the west of 161[deg] W. long.
    No-take MPA means an area of the U.S. EEZ that is closed to fishing 
for or harvesting of any MUS, as defined in subparts B through F of this 
part.
    Offload means to remove MUS from a vessel.
    Offset circle hook means a circle hook in which the barbed end of 
the hook is displaced relative to the parallel plane of the eyed end, or 
shank, of the hook when laid on its side.
    Owner, as used in the regulations for the crustacean fisheries in 
subparts B through E of this part and Sec. 665.203(i) and (j), 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 United 
States Coast Guard (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 the regulations for the precious coral 
fisheries in subparts B through E of this part and Sec. 665.203(c) 
through (h), the definition of ``owner'' in Sec. 600.10 of this chapter 
continues to apply.
    Pacific Islands Regional Office (PIRO) means the headquarters of the 
Pacific Islands Region, NMFS, located at 1601 Kapiolani Blvd., Suite 
1110, Honolulu, Hawaii 96814; telephone number 808-944-2200.
    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.
    Pelagics FEP means the Fishery Ecosystem Plan for Pacific Pelagic 
Fisheries of the Western Pacific Region.
    Pelagics FMP means the Fishery Management Plan for Pelagic Fisheries 
of the Western Pacific Region that was established in 1987 and replaced 
by the western Pacific pelagic FEP.
    Potentially harvested coral reef taxa (PHCRT) means coral reef 
associated

[[Page 402]]

species, families, or subfamilies, as defined in Sec. Sec. 665.121, 
665.221, 665.421, and 665.621, for which little or no information is 
available beyond general taxonomic and distribution descriptions. These 
species have either not been caught in the past or have been harvested 
annually in amounts less than 454.54 kg (1,000 lb).
    Precious Corals FMP means the Fishery Management Plan for Precious 
Corals of the Western Pacific Region established in 1983 and replaced by 
fishery ecosystem plans (FEPs).
    PRIA FEP means the Fishery Ecosystem Plan for the Pacific Remote 
Island Areas of Palmyra Atoll, Kingman Reef, Jarvis Island, Baker 
Island, Howland Island, Johnston Atoll, and Wake Island.
    Protected species means an animal protected under the MMPA, as 
amended, listed under the ESA, as amended, or subject to the Migratory 
Bird Treaty Act, as amended.
    Receiving vessel means a vessel that receives fish or fish products 
from a fishing vessel, and with regard to a vessel holding a permit 
under Sec. 665.801(e), that also lands western Pacific pelagic MUS 
taken by other vessels using longline gear.
    Regional Administrator means Regional Administrator, Pacific Islands 
Region, NMFS (see Table 1 of Sec. 600.502 of this chapter for address).
    Selective gear means any gear used for harvesting coral that can 
discriminate or differentiate between type, size, quality, or 
characteristics of living or dead coral.
    Special Agent-In-Charge (SAC) means the Special Agent-In-Charge, 
NMFS, Pacific Islands Enforcement Division, or a designee of the SAC, 
located at 1601 Kapiolani Blvd., Suite 950, Honolulu, HI 96814, 
telephone number 808-203-2500.
    Special permit means a permit issued to allow fishing for coral reef 
ecosystem MUS in low-use MPAs or to fish for any PHCRT.
    State of Hawaii commercial marine license means the license required 
by the State of Hawaii for anyone to take marine life for commercial 
purposes (also known as the commercial fishing license).
    Transship means to offload or otherwise transfer MUS or products 
thereof to a receiving vessel.
    Trap means a box-like device used for catching and holding lobsters 
or fish.
    U.S. harvested coral means coral caught, taken, or harvested by 
vessels of the United States within any fishery for which an FMP or FEP 
has been implemented under the Magnuson-Stevens Act.
    Vessel monitoring system unit (VMS unit) means the hardware and 
software owned by NMFS, installed on vessels by NMFS, and required to 
track and transmit the positions of certain vessels.
    Western Pacific fishery management area means those waters shoreward 
of the outer boundary of the EEZ around American Samoa, Guam, Hawaii, 
CNMI, Midway, Johnston and Palmyra Atolls, Kingman Reef, and Wake, 
Jarvis, Baker, and Howland Islands.



Sec. 665.13  Permits and fees.

    (a) Applicability. The requirements for permits for specific Western 
Pacific fisheries are set forth in subparts B 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 Western Pacific Federal fisheries permit 
application may be obtained from NMFS PIRO to apply for a permit or 
permits to operate in any of the fisheries regulated under subparts B 
through F of this part. The completed application must be submitted to 
PIRO. In no case shall PIRO accept an application that is not on the 
Western Pacific Federal fisheries permit application form.
    (2) A minimum of 15 days after the day PIRO receives a complete 
application should be allowed for processing a permit application for 
fisheries under subparts B through F of this part. If an incomplete or 
improperly completed application is filed, the applicant will be sent a 
letter of notice of deficiency. If the applicant fails to correct the 
deficiency within 30 days following the date of the letter of 
notification of deficiency, the application will be considered 
abandoned.

[[Page 403]]

    (d) Change in application information. Any change in the permit 
application information or vessel documentation, submitted under 
paragraph (c) of this section, must be reported to PIRO in writing 
within 15 days of the change to avoid a delay in processing the permit 
application. A minimum of 10 days from the day the information is 
received by PIRO should be given for PIRO 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 a delay in 
processing an application, permit holders failing to receive important 
notifications, or sanctions pursuant to the Magnuson-Stevens Act at 16 
U.S.C. 1858(g) or 15 CFR part 904, subpart D.
    (e) Issuance. After receiving a complete application submitted under 
paragraph (c) of this section, the Regional Administrator will issue a 
permit to an applicant who is eligible under this part, as appropriate.
    (f) Fees. (1) PIRO will not charge a fee for a permit issued under 
Sec. Sec. 665.142, 665.162, 665.242, 665.262, 665.442, 665.462, 
665.642, or 665.662 of this part, for a Ho'omalu limited access permit 
issued under Sec. 665.203, or for a Guam bottomfish permit issued under 
Sec. 665.404.
    (2) PIRO will charge a non-refundable processing fee for each 
application (including transfers and renewals) for the permits listed in 
paragraphs (f)(2)(i) through (viii) 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 incurred in processing the permit. 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 the issuance, transfer or renewal of any of these permits:
    (i) Hawaii longline limited access permit.
    (ii) Mau Zone limited access permit.
    (iii) Coral reef ecosystem special permit.
    (iv) American Samoa longline limited access permit.
    (v) MHI non-commercial bottomfish permit.
    (vi) Western Pacific squid jig permit.
    (vii) Crustacean permit.
    (viii) CNMI commercial bottomfish permit.
    (g) Expiration. Permits issued under subparts B through F of this 
part are valid for the period specified on the permit unless revoked, 
suspended, transferred, or modified under 15 CFR part 904.
    (h) Replacement. Replacement permits may be issued, without charge, 
to replace lost or mutilated permits. An application for a replacement 
permit is not considered a new application.
    (i) Transfer. An application for a permit transfer under Sec. Sec. 
665.203(d), 665.242(e), or 665.801(k), or for registration of a permit 
for use with a replacement vessel under Sec. 665.203(i), must be 
submitted to PIRO 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 
such permit, must be on board the vessel at all times while the vessel 
is fishing for, taking, retaining, possessing, or landing MUS 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 permitting and 
administrative actions are specified in the relevant subparts of this 
part.



Sec. 665.14  Reporting and recordkeeping.

    (a) Except for precious coral and crustacean fisheries, any person 
who is required to do so by applicable state law or regulation must make 
and/or file all reports of MUS landings containing all data and in the 
exact manner required by applicable state law or regulation.
    (b) Fishing record forms--(1) Applicability. (i) The operator of any 
fishing vessel subject to the requirements of Sec. Sec. 665.124, 
665.142, 665.162, 665.203(a)(2), 665.224, 665.242, 665.262, 665.404, 
665.424,

[[Page 404]]

665.442, 665.462, 665.603, 665.624, 665.642, 665.662, or 665.801 must 
maintain on board the vessel an accurate and complete record of catch, 
effort, and other data on paper report forms provided by the Regional 
Administrator, or electronically as specified and approved by the 
Regional Administrator, except as allowed in paragraph (b)(1)(iii) of 
this section.
    (ii) All information specified by the Regional Administrator must be 
recorded on paper or electronically within 24 hours after the completion 
of each fishing day. The logbook information, reported on paper or 
electronically, for each day of the fishing trip must be signed and 
dated or otherwise authenticated by the vessel operator in the manner 
determined by the Regional Administrator, and be submitted or 
transmitted via an approved method as specified by the Regional 
Administrator, and as required by this paragraph (b).
    (iii) In lieu of the requirements in paragraph (a)(1)(i) of this 
section, the operator of a fishing vessel registered for use under a 
Western Pacific squid jig permit pursuant to the requirements of Sec. 
665.801(g) may participate in a state reporting system. If participating 
in a state reporting system, all required information must be recorded 
and submitted in the exact manner required by applicable state law or 
regulation.
    (2) Timeliness of submission. (i) If fishing was authorized under a 
permit pursuant to Sec. Sec. 665.142, 665.242, 665.442, 665.404, 
665.162, 665.262, 665.462, 665.662, or 665.801, the vessel operator must 
submit the original logbook information for each day of the fishing trip 
to the Regional Administrator within 72 hours of the end of each fishing 
trip, except as allowed in paragraph (iii) of this section.
    (ii) If fishing was authorized under a permit pursuant to Sec. 
665.203(a)(2), the vessel operator or vessel owner must submit the 
original logbook form for each day of the fishing trip to the Regional 
Administrator within 72 hours of the end of each fishing trip.
    (iii) If fishing was authorized under a PRIA bottomfish permit 
pursuant to Sec. 665.603(a), PRIA pelagic troll and handline permit 
pursuant to Sec. 665.801(f), crustacean fishing permit for the PRIA 
(Permit Area 4) pursuant to Sec. 665.642(a), or a precious coral 
fishing permit for Permit Area X-P-PI pursuant to Sec. 665.662, the 
original logbook form for each day of fishing within EEZ waters around 
the PRIA must be submitted to the Regional Administrator within 30 days 
of the end of each fishing trip.
    (iv) If fishing was authorized under a permit pursuant to Sec. Sec. 
665.124, 665.224, 665.424, or 665.624, the original logbook information 
for each day of fishing must be submitted to the Regional Administrator 
within 30 days of the end of each fishing trip.
    (c) Transshipment logbooks. Any person subject to the requirements 
of Sec. Sec. 665.124(a)(2), 665.224(a)(2), 665.424(a)(2), 
665.624(a)(2), or 665.801(e) 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 after the day of 
transshipment. Each form must be signed and dated by the receiving 
vessel operator. The original logbook for each day of transshipment 
activity must be submitted to the Regional Administrator within 72 hours 
of each landing of western Pacific pelagic MUS. The original logbook for 
each day of transshipment activity must be submitted to the Regional 
Administrator within 7 days of each landing of coral reef ecosystem MUS.
    (d) Sales report. The operator of any fishing vessel subject to the 
requirements of Sec. Sec. 665.142, 665.242, 665.442, or 665.642, or the 
owner of a medium or large fishing vessel subject to the requirements of 
Sec. 665.404(a)(2) must submit to the Regional Administrator, within 72 
hours of offloading of crustacean MUS, 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.
    (e) Packing or weigh-out slips. The operator of any fishing vessel 
subject to the requirements of Sec. Sec. 665.142, 665.242, 665.442, or 
665.642 must attach packing or weighout slips provided to the operator 
by the first-level buyer(s), unless

[[Page 405]]

the packing or weighout slips have not been provided in time by the 
buyer(s).
    (f) 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.
    (g) Availability of records for inspection. (1) Western Pacific 
pelagic MUS. Upon request, any fish dealer must immediately provide an 
authorized officer access to inspect and copy all records of purchases, 
sales, or other transactions involving western Pacific pelagic MUS taken 
or handled by longline vessels that have permits issued under this 
subpart or that are otherwise subject to subpart F of this part, 
including, but not limited to, information concerning:
    (i) The name of the vessel involved in each transaction and the 
owner and 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) Crustacean MUS. 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 MUS 
taken by vessels that have permits issued under this subpart or 
Sec. Sec. 665.140 through 665.145, 665.240 through 665.252, 665.440 
through 665.445, or 665.640 through 665.645 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 MUS involved in each 
transaction.
    (iii) Prices paid by the buyer and proceeds to the seller in each 
transaction.
    (3) Bottomfish and seamount groundfish MUS. Any person who is 
required by state laws and regulations to maintain records of landings 
and sales for vessels regulated by this subpart and by Sec. Sec. 
665.100 through 665.105, 665.200 through 665.212, 665.400 through 
665.407, and 665.600 through 665.606 of this part must make those 
records immediately available for Federal inspection and copying upon 
request by an authorized officer.
    (4) Coral reef ecosystem MUS. Any person who has a special permit 
and who is required by state laws and regulations to maintain and submit 
records of catch and effort, landings and sales for coral reef ecosystem 
MUS by this subpart and Sec. Sec. 665.120 through 665.128, 665.220 
through 665.228, 665.420 through 665.428, or 665.620 through 665.628 of 
this part must make those records immediately available for Federal 
inspection and copying upon request by an authorized officer as defined 
in Sec. 600.10 of this chapter.
    (h) State reporting. Any person who has a permit under Sec. Sec. 
665.124, 665.203, 665.224, 665.404, 665.424, 665.603, or 665.624 and who 
is regulated by state laws and regulations to maintain and submit 
records of catch and effort, landings and sales for vessels regulated by 
subparts B through F of this part must maintain and submit those records 
in the exact manner required by state laws and regulations.



Sec. 665.15  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. Sec. 665.13 or 665.17, 
unless the vessel was at sea when the permit was issued under Sec. 
665.13, 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. 665.13 or an EFP under Sec. 665.17.
    (c) Fail to file reports in the exact manner required by any state 
law or regulation, as required in Sec. 665.14.

[[Page 406]]

    (d) Falsify or fail to make, keep, maintain, or submit any logbook 
or logbook form or other record or report required under Sec. Sec. 
665.14 and 665.17.
    (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. 665.14.
    (f) Fail to affix or maintain vessel or gear markings, as required 
by Sec. Sec. 665.16, 665.128, 665.228, 665.246, 665.428, 665.628, or 
665.804.
    (g) Violate a term or condition of an EFP issued under Sec. 665.17.
    (h) Fail to report any take of or interaction with protected species 
as required by Sec. 665.17(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 Sec. Sec. 665.17, 665.105, 665.145, 
665.207, 665.247, 665.407, 665.445, 665.606, 665.645, or 665.808.
    (j) Refuse to make accommodations available for an observer when so 
directed by the Regional Administrator under Sec. Sec. 665.105, 
665.145, 665.207, 665.247, 665.407, 665.445, 665.606, 665.645, or 
665.808, or under any provision in an EFP issued under Sec. 665.17.
    (k) Fail to notify officials as required in Sec. Sec. 665.126, 
665.144, 665.205, 665.226, 665.244, 665.426, 665.444, 665.626, 665.644, 
665.803, or 665.808.
    (l) Fish for, take or retain within a no-take MPA, defined in 
Sec. Sec. 665.99, 665.199, 665.399, or 665.599, any bottomfish MUS, 
crustacean MUS, western Pacific pelagic MUS, precious coral, seamount 
groundfish or coral reef ecosystem MUS.
    (m) Fail to comply with a term or condition governing the vessel 
monitoring system in violation of Sec. 665.19.
    (n) Fish for, catch, or harvest MUS without an operational VMS unit 
on board the vessel after installation of the VMS unit by NMFS, in 
violation of Sec. 665.19(e)(2).
    (o) Possess MUS, that were harvested after NMFS has installed the 
VMS unit on the vessel, on board that vessel without an operational VMS 
unit, in violation of Sec. 665.19(e)(2).
    (p) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or attempt any of the same; or move or 
remove a VMS unit without the prior permission of the SAC in violation 
of Sec. 665.19(e)(3).
    (q) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit, in 
violation of Sec. 665.19(e).
    (r) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit, in violation 
of Sec. 665.19(e).
    (s) Interfere with, impede, delay, or prevent access to a VMS unit 
by a NMFS observer, in violation of Sec. 665.808(f)(4).
    (t) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the SAC, in violation of Sec. 665.19(f).



Sec. 665.16  Vessel identification.

    (a) Applicability. Each fishing vessel subject to this part, except 
those identified in paragraph (e) of this section, must be marked for 
identification purposes, as follows:
    (1) A vessel that is registered for use with a valid permit issued 
under Sec. 665.801 and used to fish on the high seas within the 
Convention Area as defined in Sec. 300.211 of this title must be marked 
in accordance with the requirements at Sec. Sec. 300.14 and 300.217 of 
this title.
    (2) A vessel that is registered for use with a valid permit issued 
under Sec. 665.801 of this part and not used to fish on the high seas 
within the Convention Area must be marked in accordance with either:
    (i) Sections 300.14 and 300.217 of this title, or
    (ii) Paragraph (b) of this section.
    (3) A vessel that is registered for use with a valid permit issued 
under Subparts B through E of this part must be marked in accordance 
with paragraph (b) of this section.
    (b) Identification. Each vessel subject to this section must be 
marked as follows:
    (1) The vessel's official number must be affixed to 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. Marking 
must be legible and

[[Page 407]]

of a color that contrasts with the background.
    (2) For fishing and receiving vessels of 65 ft (19.8 m) LOA or 
longer, the official number must be displayed in block Arabic numerals 
at least 18 inches (45.7 cm) in height, except that vessels in precious 
coral fisheries that are 65 ft (19.8 m) LOA or longer must be marked in 
block Arabic numerals at least 14 inches (35.6 cm) in height.
    (3) For all other vessels, the official number must be displayed in 
block Arabic numerals at least 10 inches (25.4 cm) in height.
    (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.
    (e) The following fishing vessels are exempt from the vessel 
identification requirements in this section:
    (1) A vessel registered for use under a MHI non-commercial 
bottomfish permit that is in compliance with State of Hawaii bottomfish 
vessel registration and marking requirements.
    (2) A vessel less than 40 ft (12.2 m) LOA registered for use under a 
CNMI commercial bottomfish permit that is in compliance with CNMI 
bottomfish vessel registration and marking requirements.

[75 FR 2205, Jan. 14, 2010, as amended at 75 FR 3417, Jan. 21, 2010]



Sec. 665.17  Experimental fishing.

    (a) General. The Regional Administrator may authorize, for limited 
purposes, the direct or incidental harvest of MUS that would otherwise 
be prohibited by 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.
    (b) Observers. No experimental fishing for crustacean MUS may be 
conducted unless a NMFS 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

[[Page 408]]

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 FEP.
    (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 FEP.
    (f) Duration. Unless otherwise specified in the EFP or a superseding 
notice or regulation, an EFP is effective for no longer than one (1) 
year from the date of issuance, 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-
Stevens Act, or any

[[Page 409]]

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.



Sec. 665.18  Framework adjustments to management measures.

    Framework measures described below for each specific fishery are 
valid for all management areas, except where specifically noted in this 
section.
    (a) Pelagic measures--(1) 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.
    (2) Annual report. By June 30 of each year, the Council-appointed 
pelagics monitoring 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).
    (3) Procedure for established measures. (i) Established measures are 
regulations for which the impacts have been evaluated in Council or NMFS 
documents in the context of current conditions.
    (ii) The Council may recommend to the Regional Administrator that 
established measures be modified, removed, or reinstituted. 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.
    (4) Procedure for new measures. (i) New measures are regulations for 
which the impacts have not been evaluated in Council or NMFS documents 
in the context of current conditions.
    (ii) 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.
    (b) Crustacean measures--(1) 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.
    (2) Annual report. By June 30 of each year, the Council-appointed 
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).
    (3) Procedure for established measures. (i) Established measures are 
regulations for which the impacts have been evaluated in Council or NMFS 
documents in the context of current conditions.
    (ii) The Council may recommend to the Regional Administrator that 
established measures be modified, removed, or reinstituted. Such 
recommendation shall include supporting rationale and

[[Page 410]]

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.
    (4) Procedure for new measures. (i) New measures are regulations for 
which the impacts have not been evaluated in Council or NMFS documents 
in the context of current conditions.
    (ii) 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.
    (c) Bottomfish measures--(1) 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:
    (i) Fishery performance data.
    (ii) Summary of recent research and survey results.
    (iii) Habitat conditions and recent alterations.
    (iv) Enforcement activities and problems.
    (v) Administrative actions (e.g., data collection and reporting, 
permits).
    (vi) State and territorial management actions.
    (vii) 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:
    (A) Mean size of the catch of any species in any area is a pre-
reproductive size.
    (B) Ratio of fishing mortality to natural mortality for any species.
    (C) Harvest capacity of the existing fleet and/or annual landings 
exceed best estimate of MSY in any area.
    (D) Significant decline (50 percent or more) in bottomfish catch per 
unit of effort from baseline levels.
    (E) Substantial decline in ex-vessel revenue relative to baseline 
levels.
    (F) Significant shift in the relative proportions of gear in any one 
area.
    (G) Significant change in the frozen/fresh components of the 
bottomfish catch.
    (H) Entry/exit of fishermen in any area.
    (I) Per-trip costs for bottomfish fishing exceed per-trip revenues 
for a significant percentage of trips.
    (J) Significant decline or increase in total bottomfish landings in 
any area.
    (K) Change in species composition of the bottomfish catch in any 
area.
    (L) Research results.
    (M) Habitat degradation or environmental problems.
    (N) Reported interactions between bottomfish fishing operations and 
protected species in the NWHI.
    (viii) Recommendations for Council action.
    (ix) Estimated impacts of recommended action.
    (2) Recommendation of management action. (i) 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.
    (ii) 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.
    (iii) The Council may recommend management action by either the 
state/

[[Page 411]]

territorial governments or by Federal regulation.
    (3) Federal management action. (i) 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.
    (ii) 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.
    (iii) The Council may appeal a denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (iv) The Regional Administrator and the Assistant Administrator will 
make their decisions in accord with the Magnuson-Stevens Act, other 
applicable law, and the bottomfish measures of the FEPs.
    (v) To minimize conflicts between the Federal and state management 
systems, the Council will use the procedures in paragraph (c)(2) 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.
    (4) Access limitation procedures. (i) Access limitation may be 
adopted under this paragraph (c)(4) only for the NWHI, American Samoa, 
and Guam.
    (ii) If access limitation is proposed for adoption or subsequent 
modification through the process described in this paragraph (c)(4), the 
following requirements must be met:
    (A) 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.
    (B) Public hearings must be held specifically addressing the limited 
access proposals.
    (C) 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.
    (D) The Council's recommendation to the Regional Administrator must 
be approved by a two-thirds majority of the voting members.
    (5) 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 FEP 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.
    (d) Precious coral measures--(1) 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.
    (2) 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).
    (3) Procedure for established measures. (i) Established measures are 
regulations for which the impacts have been evaluated in Council or NMFS 
documents in the context of current conditions.

[[Page 412]]

    (ii) The Council may recommend to the Regional Administrator that 
established measures be modified, removed, or reinstituted. 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.
    (4) Procedure for new measures. (i) New measures are regulations for 
which the impacts have not been evaluated in Council or NMFS documents 
in the context of current conditions.
    (ii) 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.
    (e) Coral reef ecosystem measures--(1) Procedure for established 
measures. (i) Established measures are regulations for which the impacts 
have been evaluated in Council or NMFS documents in the context of 
current conditions.
    (ii) The Council may recommend to the Regional Administrator that 
established measures be modified, removed, or reinstituted. 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.
    (2) Procedure for new measures. (i) New measures are regulations for 
which the impacts have not been evaluated in Council or NMFS documents 
in the context of current conditions. New measures include, but are not 
limited to, catch limits, resource size limits, closures, effort 
limitations, reporting and recordkeeping requirements.
    (ii) The Regional Administrator 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 
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.
    (A) The Regional Administrator will consider the Council's 
recommendation and supporting rationale and analysis, and, if the 
Regional Administrator concurs with the Council's recommendation, will 
propose regulations to carry out the action. If the Regional 
Administrator rejects the Council's proposed action, the Regional 
Administrator will provide a written explanation for the denial within 2 
weeks of the decision.
    (B) The Council may appeal a denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (C) The Regional Administrator and the Assistant Administrator will 
make their decisions in accordance with the Magnuson-Stevens Act, other 
applicable laws, and the FEPs.
    (D) To minimize conflicts between the Federal and state/territorial/
commonwealth management systems, the Council will use the procedures in 
this paragraph (e)(2)(ii) to respond to state/territorial/commonwealth 
management actions. The Council's consideration of action would normally 
begin with a representative of the state, territorial or commonwealth 
government bringing a potential or actual management conflict or need to 
the Council's attention.

[[Page 413]]

    (3) Annual report. By July 31 of each year, a Council-appointed 
coral reef ecosystem monitoring team will prepare an annual report on 
coral reef fisheries of the western Pacific region. The report will 
contain, among other things:
    (i) Fishery performance data, summaries of new information and 
assessments of need for Council action.
    (ii) Recommendation for Council action. The Council will evaluate 
the annual report and advisory body recommendations and may recommend 
management action by either the state/territorial/commonwealth 
governments or by Federal regulation.
    (iii) If the Council believes that management action should be 
considered, it will make specific recommendations to the Regional 
Administrator after considering the views of its advisory bodies.



Sec. 665.19  Vessel monitoring system.

    (a) Applicability. The holder of any of the following permits is 
subject to the vessel monitoring system requirements in this part:
    (1) Hawaii longline limited access permit issued pursuant to Sec. 
665.801(b);
    (2) American Samoa longline limited entry permit, for vessel size 
Class C or D, issued pursuant to Sec. 665.801(c);
    (3) Vessels permitted to fish in Crustacean Permit Area 1 VMS 
Subarea; or
    (4) CNMI commercial bottomfish permit, if the vessel is a medium or 
large bottomfish vessel, issued pursuant to Sec. 665.404(a)(2).
    (b) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS 
complies with the requirement of this subpart.
    (c) Notification. After a permit holder subject to Sec. 665.19(a) 
has been notified by the SAC of a specific date for installation of a 
VMS unit on the permit holder's vessel, the vessel must carry and 
operate the VMS unit after the date scheduled for installation.
    (d) Fees and charges. During the experimental VMS program, the 
holder of a permit subject to Sec. 665.19(a) shall not be assessed any 
fee or other charges to obtain and use a VMS unit, including the 
communication charges related directed 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.
    (e) Permit holder duties. The holder of a permit subject to Sec. 
665.19(a) and master of the vessel must:
    (1) Provide opportunity for the SAC to install and make operational 
a VMS unit after notification.
    (2) Carry and continuously operate the VMS unit on board whenever 
the vessel is at sea.
    (3) Not remove, relocate, or make non-operational the VMS unit 
without prior approval from the SAC.
    (f) Authorization by the SAC. The SAC has authority over the 
installation and operation of the VMS unit. The SAC may authorize the 
connection or order the disconnection of additional equipment, including 
a computer, to any VMS unit when deemed appropriate by the SAC.



Sec. 665.20  Western Pacific Community Development Program.

    (a) General. In accordance with the criteria and procedures 
specified in this section, the Regional Administrator may authorize the 
direct or incidental harvest of management unit species that would 
otherwise be prohibited by this part.
    (b) Eligibility. To be eligible to participate in the western 
Pacific community development program, a community must meet the 
following criteria:
    (1) Be located in American Samoa, Guam, Hawaii, or the Northern 
Mariana Islands (collectively, the western Pacific);
    (2) Consist of community residents descended from aboriginal people 
indigenous to the western Pacific who conducted commercial or 
subsistence fishing using traditional fishing practices in the waters of 
the western Pacific;
    (3) Consist of individuals who reside in their ancestral homeland;
    (4) Have knowledge of customary practices relevant to fisheries of 
the western Pacific;
    (5) Have a traditional dependence on fisheries of the western 
Pacific;
    (6) Are currently experiencing economic or other constraints that 
have prevented full participation in the western Pacific fisheries and, 
in recent

[[Page 414]]

years, have not had harvesting, processing or marketing capability 
sufficient to support substantial participation in fisheries in the 
area; and
    (7) Develop and submit a community development plan to the Council 
and the NMFS that meets the requirements in paragraph (c) of this 
section.
    (c) Community development plan. An eligible community seeking access 
to a fishery under the authority of the Council and NMFS must submit to 
the Council a community development plan that includes, but is not 
limited to, the following information:
    (1) A statement of the purposes and goals of the plan.
    (2) A description and justification for the specific fishing 
activity being proposed, including:
    (i) Location of the proposed fishing activity.
    (ii) Management unit species to be harvested, and any potential 
bycatch.
    (iii) Gear type(s) to be used.
    (iv) Frequency and duration of the proposed fishing activity.
    (3) A statement describing the degree of involvement by the 
indigenous community members, including the name, address, telephone and 
other contact information of each individual conducting the proposed 
fishing activity.
    (4) A description of how the community and or its members meet each 
of the eligibility criteria in paragraph (b) of this section.
    (5) If a vessel is to be used by the community to conduct fishing 
activities, for each vessel:
    (i) Vessel name and official number (USCG documentation, state, 
territory, or other registration number).
    (ii) Vessel length overall, displacement, and fish holding capacity.
    (iii) Any valid federal fishing permit number(s).
    (iv) Name, address, and telephone number of the vessel owner(s) and 
operator(s).
    (d) Council review. The Council will review each community 
development plan to ensure that it meets the intent of the Magnuson-
Stevens Act and contains all required information. The Council may 
consider advice of its advisory panels in conducting this review. If the 
Council finds the community development plan is complete, it will 
transmit the plan to the Regional Administrator for review.
    (e) Agency review and approval. (1) Upon receipt of a community 
development plan from the Council, the Regional Administrator will 
review the plan for consistency with paragraphs (b), (c), and (d) of 
this section, and other applicable laws. The Regional Administrator may 
request from the applicant additional information necessary to make the 
determinations pursuant to this section and other applicable laws before 
proceeding with the review pursuant to paragraph (e)(2) of this section.
    (2) If the Regional Administrator determines that a plan contains 
the required information and is consistent with paragraphs (b), (c), and 
(d) of this section, and other applicable laws, NMFS will publish a 
notice in the Federal Register to solicit public comment on the proposed 
plan and any associated environmental review documents. The notice will 
include the following:
    (i) A description of the fishing activity to be conducted.
    (ii) The current utilization of domestic annual harvesting and 
processing capacity (including existing experimental harvesting, if any) 
of the target, incidental, and bycatch species.
    (iii) A summary of any regulations that would otherwise prohibit the 
proposed fishing activity.
    (iv) Biological and environmental information relevant to the plan, 
including appropriate statements of environmental impacts on target and 
non-target stocks, marine mammals, and threatened or endangered species.
    (3) Within 90 days from the end of the comment period on the plan, 
the Regional Administrator will notify the applicant in writing of the 
decision to approve or disapprove the plan.
    (4) If disapproved, the Regional Administrator will provide the 
reasons for the plan's disapproval and provide the community with the 
opportunity to modify the plan and resubmit it for review. Reasons for 
disapproval may include, but are not limited to, the following:
    (i) The applicant failed to disclose material information or made 
false statements related to the plan.

[[Page 415]]

    (ii) The harvest would contribute to overfishing or would hinder the 
recovery of an overfished stock, according to the best scientific 
information available.
    (iii) The activity would be inconsistent with an applicable law.
    (iv) The activity would create a significant enforcement, 
monitoring, or administrative problem, as determined by the Regional 
Administrator.
    (5) If approved, the Regional Administrator will publish a notice of 
the authorization in the Federal Register, and may attach limiting terms 
and conditions to the authorization including, but not limited to, the 
following:
    (i) The maximum amount of each management unit species and potential 
bycatch species that may be harvested and landed during the term of the 
authorization.
    (ii) The number, sizes, names, identification numbers, and federal 
permit numbers of the vessels authorized to conduct fishing activities.
    (iii) Type, size, and amount of gear used by each vessel, including 
trip limits.
    (iv) The times and places where fishing may or may not be conducted.
    (v) Notification, observer, vessel monitoring, and reporting 
requirements.
    (f) Duration. Unless otherwise specified, and unless revoked, 
suspended, or modified, a plan may be effective for no longer than five 
years.
    (g) Transfer. Plans authorized under this section are not 
transferable or assignable.
    (h) Sanctions. The Regional Administrator may revoke, suspend or 
modify a community development plan in the case of failure to comply 
with the terms and conditions of the plan, any other applicable 
provision of this part, the Magnuson-Stevens Act, or other applicable 
laws.
    (i) Program review. NMFS and the Council will periodically review 
and assess each plan. If fishery, environmental, or other conditions 
have changed such that the plan's goals or requirements are not being 
met, or the fishery has become in an overfished state or overfishing is 
occurring, the Regional Administrator may revoke, suspend, or modify the 
plan.

[75 FR 54046, Sept. 3, 2010]

    Effective Date Note: At 75 FR 54046, Sept. 3, 2010, Sec. 665.20 was 
added, effective Oct. 4, 2010. Paragraph (c) of 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.



                   Subpart B_American Samoa Fisheries



Sec. 665.98  Management area.

    The American Samoa fishery management area is the EEZ seaward of the 
Territory of American Samoa with the inner boundary coterminous with the 
seaward boundaries of the Territory of American Samoa and the outer 
boundary designated as 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.



Sec. 665.99  Area restrictions.

    Fishing is prohibited in all no-take MPAs. The following U.S. EEZ 
waters around American Samoa are no-take MPAs: Landward of the 50 fm 
(91.5 m) curve around Rose Atoll, as depicted on National Ocean Survey 
Chart Number 83484.



Sec. 665.100  American Samoa bottomfish fisheries. [Reserved]



Sec. 665.101  Definitions.

    As used in Sec. Sec. 665.100 through 665.119:
    American Samoa bottomfish management unit species (American Samoa 
bottomfish MUS) means the following fish:

------------------------------------------------------------------------
         Samoan name           English common name     Scientific name
------------------------------------------------------------------------
palu-gutusiliva.............  red snapper,          Aphareus rutilans.
                               silvermouth.
asoama......................  gray snapper,         Aprion virescens.
                               jobfish.
sapoanae....................  giant trevally, jack  Caranx ignobilis.
tafauli.....................  black trevally, jack  Caranx lugubris.
fausi.......................  blacktip grouper....  Epinephelus
                                                     fasciatus.
papa, velo..................  lunartail grouper...  Variola louti.

[[Page 416]]

 
palu malau..................  red snapper.........  Etelis carbunculus.
palu-loa....................  red snapper.........  Etelis coruscans.
filoa-gutumumu..............  Ambon emperor.......  Lethrinus
                                                     amboinensis.
filoa-paomumu...............  redgill emperor.....  Lethrinus
                                                     rubrioperculatus.
savane......................  blueline snapper....  Lutjanus kasmira.
palu-i'usama................  yellowtail snapper..  Pristipomoides
                                                     auricilla.
palu-`ena'ena...............  pink snapper........  Pristipomoides
                                                     filamentosus.
palu-sina...................  yelloweye snapper...  Pristipomoides
                                                     flavipinnis.
palu........................  pink snapper........  Pristipomoides
                                                     seiboldii.
palu-ula, palu-sega.........  snapper.............  Pristipomoides
                                                     zonatus.
malauli.....................  amberjack...........  Seriola dumerili.
------------------------------------------------------------------------



Sec. 665.102  [Reserved]



Sec. 665.103  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15, it is unlawful for any person to fish 
for American Samoa bottomfish MUS using gear prohibited under Sec. 
665.104.



Sec. 665.104  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for American 
Samoa bottomfish MUS with bottom trawls and bottom set gillnets is 
prohibited.
    (b) Possession of gear. The possession of a bottom trawl or bottom 
set gillnet within the American Samoa fishery management area is 
prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
bottomfish is prohibited.



Sec. 665.105  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec. 665.100 through 665.105 
must carry an observer when directed to do so by the Regional 
Administrator.



Sec. Sec. 665.106-665.119  [Reserved]



Sec. 665.120  American Samoa coral reef ecosystem fisheries. [Reserved]



Sec. 665.121  Definitions.

    As used in Sec. Sec. 665.120 through 665.139:
    American Samoa coral reef ecosystem management unit species 
(American Samoa coral reef ecosystem MUS) means all of the Currently 
Harvested Coral Reef Taxa and Potentially Harvested Coral Reef Taxa 
listed in this section and which spend the majority of their non-pelagic 
(post-settlement) life stages within waters less than or equal to 50 
fathoms in total depth.
    American Samoa Currently Harvested Coral Reef Taxa:

----------------------------------------------------------------------------------------------------------------
             Family name                     Samoan name          English common name        Scientific name
----------------------------------------------------------------------------------------------------------------
Acanthuridae (Surgeonfishes).........  afinamea...............  orange-spot surgeonfish  Acanthurus olivaceus.
                                                                yellowfin surgeonfish..  Acanthurus
                                                                                          xanthopterus.
                                       Aanini.................  convict tang...........  Acanthurus triostegus.
                                                                eye-striped surgeonfish  Acanthurus dussumieri.
                                       ponepone, gaitolama....  blue-lined surgeon.....  Acanthurus nigroris.
                                       Alogo..................  blue-banded surgeonfish  Acanthurus lineatus.
                                       pone-i'usama...........  blackstreak surgeonfish  Acanthurus nigricauda.
                                       laulama,...............  whitecheek surgeonfish.  Acanthurus nigricans.
                                       Maogo..................  white-spotted            Acanthurus guttatus.
                                                                 surgeonfish.
                                                                ringtail surgeonfish...  Acanthurus blochii.
                                       ponepone...............  brown surgeonfish......  Acanthurus nigrofuscus.
                                                                elongate surgeonfish...  Acanthurus mata.
                                                                mimic surgeonfish......  Acanthurus pyroferus.
                                       Pone...................  yellow-eyed surgeonfish  Ctenochaetus strigosus.
                                       pone, pala'ia, logoulia  striped bristletooth...  Ctenochaetus striatus.
                                                                two-spot bristletooth..  Ctenochaetus binotatus.
                                       ume-isu................  bluespine unicornfish..  Naso unicornus.
                                       ili'ilia, umelei.......  orangespine unicornfish  Naso lituratus.
                                                                black tongue             Naso hexacanthus.
                                                                 unicornfish.
                                       ume-masimasi...........  bignose unicornfish....  Naso vlamingii.
                                                                whitemargin unicornfish  Naso annulatus.
                                       ume-ulutao.............  spotted unicornfish....  Naso brevirostris.
                                                                barred unicornfish.....  Naso thynnoides.
Balistidae (Triggerfishes)...........  sumu, sumu-laulau......  titan triggerfish......  Balistoides
                                                                                          viridescens.
                                                                orangestriped            Balistapus undulatus.
                                                                 triggerfish.

[[Page 417]]

 
                                       sumu-`apa'apasina, sumu- pinktail triggerfish...  Melichthys vidua.
                                        si'umumu.
                                       sumu-uli...............  black triggerfish......  Melichthys niger.
                                       sumu-laulau............  blue triggerfish.......  Pseudobalistes fuscus.
                                       sumu-uo'uo, sumu-aloalo  picassofish............  Rhinecanthus aculeatus.
                                       sumu-gase'ele'ele......  bridled triggerfish....  Sufflamen fraenatum.
                                       Atule..................  bigeye scad............  Selar crumenophthalmus.
                                       atuleau, namuauli......  mackerel scad..........  Decapterus macarellus.
Carcharhinidae (Sharks)..............  malie-aloalo...........  grey reef shark........  Carcharhinus
                                                                                          amblyrhynchos.
                                       Aso....................  silvertip shark........  Carcharhinus
                                                                                          albimarginatus.
                                       Malie..................  Galapagos shark........  Carcharhinus
                                                                                          galapagensis.
                                       apeape, malie-alamata..  blacktip reef shark....  Carcharhinus
                                                                                          melanopterus.
                                       Malu...................  whitetip reef shark....  Triaenodon obesus.
Holocentridae (Soldierfish,            malau-ugatele, malau-    bigscale soldierfish...  Myripristis berndti.
 squirrelfish.                          va'ava'a.
                                       malau-tui..............  bronze soldierfish.....  Myripristis adusta.
                                                                blotcheye soldierfish..  Myripristis murdjan.
                                                                brick soldierfish......  Myripristis amaena.
                                       malau-mamo, malau-       scarlet soldierfish....  Myripristis pralinia.
                                        va'ava'a.
                                       malau-tuauli...........  violet soldierfish.....  Myripristis violacea.
                                                                whitetip soldierfish...  Myripristis vittata.
                                                                yellowfin soldierfish..  Myripristis chryseres.
                                       malau-pu'u.............  pearly soldierfish.....  Myripristis kuntee.
                                                                double tooth             Myripristis hexagona.
                                                                 squirrelfish.
                                                                blackspot squirrelfish.  Sargocentron
                                                                                          melanospilos.
                                       malau-tianiu...........  file-lined squirrelfish  Sargocentron
                                                                                          microstoma.
                                                                pink squirrelfish......  Sargocentron
                                                                                          tiereoides.
                                       malau-tui, malau-        crown squirrelfish.....  Sargocentron diadema.
                                        talapu'u, malau-
                                        tusitusi, malau-pauli.
                                                                peppered squirrelfish..  Sargocentron
                                                                                          punctatissimum.
                                                                blue-lined squirrelfish  Sargocentron tiere.
                                       tamalu, mu-malau, malau- saber or long jaw        Sargocentron
                                        toa.                     squirrelfish.            spiniferum.
                                                                spotfin squirrelfish...  Neoniphon spp.
Kuhliidae (Flagtails)................  Safole, inato..........  barred flag-tail.......  Kuhlia mugil.
Kyphosidae (Rudderfish)..............  nanue, mata-mutu,        rudderfish.............  Kyphosus cinerascens
                                        mutumutu.                                         Kyphosus biggibus.
                                       Nanue..................  rudderfish.............  Kyphosus vaigienses.
Labridae (Wrasses)...................  lalafi, tagafa malakea.  napoleon wrasse........  Cheilinus undulatus.
                                       Lalafi-matamumu........  triple-tail wrasse.....  Cheilinus trilobatus.
                                       lalafi-matapua'a.......  floral wrasse..........  Cheilinus chlorourus.
                                       lalafi-pulepule........  harlequin tuskfish.....  Cheilinus fasciatus.
                                       sugale.................  bandcheek wrasse.......  Oxycheilinus
                                                                                          diagrammus.
                                       sugale.................  arenatus wrasse........  Oxycheilinus arenatus.
                                       sugale-tatanu..........  whitepatch wrasse......  Xyrichtys aneitensis.
                                       sugale-mo'o............  cigar wrasse...........  Cheilio inermis.
                                       sugale-laugutu, sugale-  blackeye thicklip......  Hemigymnus melapterus
                                        uli, sugale-aloa,
                                        sugale-lupe.
                                       sugale-gutumafia.......  barred thicklip........  Hemigymnus fasciatus.
                                       lape, sugale-pagota....  three-spot wrasse......  Halichoeres
                                                                                          trimaculatus.
                                       sugale-a'au, sugale-     checkerboard wrasse....  Halichoeres hortulanus.
                                        pagota, ifigi.
                                       sugale-uluvela.........  weedy surge wrasse.....  Halichoeres
                                                                                          margaritaceus.
                                       uloulo-gatala,           surge wrasse...........  Thalassoma purpureum.
                                        patagaloa.
                                       lape-moana.............  red ribbon wrasse......  Thalassoma
                                                                                          quinquevittatum.
                                       sugale-samasama........  sunset wrasse..........  Thalassoma lutescens.
                                       sugale-la'o, sugale-     rockmover wrasse.......  Novaculichthys
                                        taili, sugale-gasufi.                             taeniourus.
Mullidae (Goatfishes)................  i'asina, vete, afulu...  yellow goatfish........  Mulloidichthys spp.
                                       Vete...................  yellowfin goatfish.....  Mulloidichthys
                                                                                          vanicolensis.
                                       afolu, afulu...........  yellowstripe goatfish..  Mulloidichthys
                                                                                          flavolineatus.
                                       afoul, afulu...........  banded goatfish........  Parupeneus spp.
                                       tusia, tulausaena,       dash-dot goatfish......  Parupeneus barberinus.
                                        ta'uleia.
                                       matulau-moana..........  doublebar goatfish.....  Parupeneus bifasciatus.
                                       moana-ula..............  redspot goatfish.......  Parupeneus
                                                                                          heptacanthus.
                                       i'asina, vete, afulu,    yellowsaddle goatfish..  Parupeneus cyclostomas.
                                        moana.
                                       matulau-ilamutu........  side-spot goatfish.....  Parupeneus
                                                                                          pleurostigma.
                                       i'asina, vete, afulu...  multi-barred goatfish..  Parupeneus
                                                                                          multifaciatus.
Mugilidae (Mullets)..................  anae, aua. fuafua......  fringelip mullet.......  Crenimugil crenilabis.
                                       moi, poi...............  false mullet...........  Neomyxus leuciscus.
Muraenidae (Moray eels)..............  Pusi...................  yellowmargin moray eel.  Gymnothorax
                                                                                          flavimarginatus.
                                       maoa'e.................  giant moray eel........  Gymnothorax javanicus.
                                       pusi-pulepule..........  undulated moray eel....  Gymnothorax undulatus.
Octopodidae (Octopus)................  fe'e fe'e..............  octopus octopus........  Octopus cyanea, Octopus
                                                                                          ornatus.

[[Page 418]]

 
Polynemidae..........................  umiumia, i'ausi........  threadfin..............  Polydactylus sexfilis.
Pricanthidae (Bigeye)................  matapula...............  glasseye...............  Heteropriacanthus
                                                                                          cruentatus.
                                       matapula                 bigeye.................  Priacanthus hamrur.
Scaridae (Parrotfishes)..............  Fuga...................  stareye parrotfish.....  Calotomus carolinus.
                                       fuga, galo-uluto'i,      parrotfish.............  Scarus spp.
                                        fuga-valea, laea-
                                        mamanu.
                                       ulapokea, laea-ulapokea  Pacific longnose         Hipposcarus longiceps.
                                                                 parrotfish.
Scombridae...........................  Tagi...................  dogtooth tuna..........  Gymnosarda unicolor.
Siganidae (Rabbitfish)...............  loloa, lo..............  forktail rabbitfish....  Siganus aregenteus.
Sphyraenidae (Barracuda).............  Sapatu.................  heller's barracuda.....  Sphyraena helleri.
                                       Saosao.................  great barracuda........  Sphyraena barracuda.
Turbinidae (turban shells, green       Alili..................  green snails...........  Turbo spp.
 snails.
----------------------------------------------------------------------------------------------------------------

    American Samoa Potentially Harvested Coral Reef Taxa:

------------------------------------------------------------------------
         Samoan name           English common name     Scientific name
------------------------------------------------------------------------
sugale, sugale-vaolo, sugale- wrasses (Those        Labrida.
 a'a, lalafi, lape-a'au,       species not listed
 la'ofia.                      as CHCRT).
malie, apoapo, moemoeao.....  sharks (Those         Carcharhinidae,
                               species not listed    Sphyrnidae.
                               as CHCRT).
Fai.........................  rays and skates.....  Dasyatididae,
                                                     Myliobatidae.
pe'ape'a....................  batfishes...........  Ephippidae.
mutumutu, misimisi, ava'ava-  sweetlips...........  Haemulidae.
 moana.
talitaliuli.................  remoras.............  Echeneidae.
mo'o, mo'otai...............  tilefishes..........  Malacanthidae.
Tiva........................  dottybacks..........  Pseudochromidae.
aneanea, tafuti.............  prettyfins..........  Plesiopidae.
Tapua.......................  coral crouchers.....  Caracanthidae.
                              flashlightfishes....  Anomalopidae.
gatala, ataata, vaolo,        groupers............  Serrandiae.
 gatala-uli, gatala-sega,     (Those species not
 gatala-aleva, ateate,         listed as CHCRT or
 apoua, susami, gatala-sina,   BMUS).
 gatala-mumu.
lupo, lupota, mamalusi,       jacks and scads       Carangidae.
 ulua, sapoanae, taupapa,      (Those species not
 nato, filu, atuleau,          listed as CHCRT or
 malauli-apamoana, malauli-    BMUS).
 sinasama, malauli-
 matalapo'a, lai.
Malau.......................  soldierfishes and     Holocentridae.
                               squirrelfishes
                               (Those species not
                               listed as CHCRT).
i'asina, vete, afulu, afoul,  goatfishes (Those     Mullidae.
 ulula'oa.                     species not listed
                               as CHCRT).
pone, palagi................  surgeonfishes (Those  Acanthuridae.
                               species not listed
                               as CHCRT).
pelupelu, nefu..............  herrings............  Clupeidae.
nefu, file..................  anchovies...........  Engraulidae.
mano'o, mano'o-popo, mano'o-  gobies..............  Gobiidae.
 fugafuga, mano'o-apofusami,
 mano'o-a'au.
mu, mu-taiva, tamala, malai,  snappers (Those       Lutjanidae.
 feloitega, mu-mafalaugutu,    species not listed
 savane-ulusama, matala'oa.    as CHCRT or BMUS).
sumu, sumu-papa, sumu-taulau  trigger fishes        Balistidae.
                               (Those species not
                               listed as CHCRT).
Lo..........................  rabbitfishes (Those   Siganidae.
                               species not listed
                               as CHCRT).
nanue, matamutu, mutumutu...  rudderfishes (Those   Kyphosidae.
                               species not listed
                               as CHCRT).
ulisega, atule-toto.........  fusiliers...........  Caesionidae.
filoa, mata'ele'ele,          emperors (Those       Lethrinidae.
 ulamalosi.                    species not listed
                               as CHCRT or BMUS).
pusi, maoa'e, atapanoa,       eels (Those species   Muraenidae,
 u'aulu, apeape, fafa,         not listed as         Chlopsidae,
 gatamea, pusi-solasulu.       CHCRT).               Congridae,
                                                     Moringuidae,
                                                     Ophichthidae.
fo, fo-tusiloloa, fo-si'umu,  cardinalfishes......  Apogonidae.
 fo-loloa, fo-tala, fo-
 manifi, fo-aialo, fo-tuauli.
pe'ape'a, laulaufau.........  moorish idols.......  Zanclidae.
tifitifi, si'u, i'usamasama,  butterfly fishes....  Chaetodontidae.
 tifitifi-segaula, laulafau-
 laumea, alosina.

[[Page 419]]

 
tu'u'u, tu'u'u-sama, tu'u'u-  angelfishes.........  Pomacanthidae.
 lega, tu'u'u-ulavapua,
 tu'u'u-matamalu, tu'u'u-
 alomu, tu'u'u-uluvela,
 tu'u'u-atugauli, tu'u'u-
 tusiuli, tu'u'u-manini.
tu'u'u, mutu, mamo, tu'u'u-   damselfishes........  Pomacentridae.
 lumane.
i'atala, la'otele, nofu.....  scorpionfishes......  Scorpaenidae.
mano'o, mano'o-mo'o, mano'o-  blennies............  Blenniidae.
 palea, mano'o-la'o.
sapatu......................  barracudas (Those     Sphyraenidae.
                               species not listed
                               as CHCRT).
la'o, ulutu'i, lausiva......  hawkfishes (Those     Cirrhitidae.
                               species not listed
                               as CHCRT).
la'otale, nofu..............  frogfishes..........  Antennariidae.
                              pipefishes and        Syngnathidae.
                               seahorses.
ta'oto......................  sandperches.........  Pinguipedidae.
tagi........................  dog tooth tuna......  Gymnosarda unicolor.
taoto-ena, taoto-sama,        trumpetfish.........  Aulostomus
 `au'aulauti, taotito.                               chinensis.
taotao, taoto-ama...........  cornetfish..........  Fistularia
                                                     commersoni.
sue, sue-vaolo, sue-va'a,     puffer fishes and     Tetradontidae.
 sue-lega, sue-mu, sue-uli,    porcupine fishes.
 sue-lape, sue-afa, sue-
 sugale.
ali.........................  flounders and soles.  Bothidae, Soleidae.
moamoa......................  trunkfishes.........  Ostraciidae.
fugafuga, tuitui, sava'e....  sea cucumbers and     Echinoderms.
                               sea urchins.
amu.........................  blue corals.........  Heliopora.
amu.........................  organpipe corals....  Tubipora.
                              ahermatypic corals..  Azooxanthellates.
amu.........................  mushroom corals.....  Fungiidae.
amu.........................  small and large       ....................
                               coral polyps.
amu.........................  fire corals.........  Millepora.
amu.........................  soft corals and       ....................
                               gorgonians.
lumane, matalelei...........  anemones............  Actinaria.
                              soft zoanthid corals  Zoanthinaria.
                               (Those species not   Mollusca.
                               listed as CHCRT).
sisi-sami...................  sea snails..........  Gastropoda.
aliao, alili................  ....................  Trochus spp.
sea.........................  sea slugs...........  Opistobranches.
                              black lipped pearl    Pinctada
                               oyster.               margaritifera.
faisua......................  giant clam..........  Tridacnidae.
pipi, asi, fatuaua, tio,      other clams.........  Other Bivalves.
 pae, fole.
ula, pa'a, kuku, papata.....  lobsters, shrimps,    Crustaceans.
                               mantis shrimps,
                               true crabs and
                               hermit crabs (Those
                               species not listed
                               as Crustacean MUS).
                              sea squirts.........  Tunicates.
                              sponges.............  Porifera.
amu.........................  lace corals.........  Stylasteridae.
amu.........................  hydroid corals......  Solanderidae.
                              segmented worms       Annelids.
                               (Those species not
                               listed as CHCRT).
limu........................  seaweed.............  Algae.
                              Live rock.            ....................
------------------------------------------------------------------------
All other American Samoa coral reef ecosystem MUS that are marine
 plants, invertebrates, and fishes that are not listed in the American
 Samoa CHCRT table or are not American Samoa bottomfish, crustacean,
 precious coral, or western Pacific pelagic MUS.
------------------------------------------------------------------------



Sec. 665.122  [Reserved]



Sec. 665.123  Relation to other laws.

    To ensure consistency between the management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the American Samoa fishery management area, fishing for 
American Samoa coral reef ecosystem MUS is not allowed within the 
boundary of a National Wildlife Refuge unless specifically authorized by 
the USFWS, regardless of whether that refuge was established by action 
of the President or the Secretary of the Interior.



Sec. 665.124  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, Sec. 
665.13 applies to coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining American Samoa coral reef

[[Page 420]]

ecosystem MUS must have a special permit if they, or a vessel which they 
operate, is used to fish for any:
    (i) American Samoa coral reef ecosystem MUS in low-use MPAs as 
defined in Sec. 665.99;
    (ii) American Samoa Potentially Harvested Coral Reef Taxa in the 
coral reef ecosystem management area; or
    (iii) American Samoa coral reef ecosystem MUS in the coral reef 
ecosystem management area with any gear not specifically allowed in this 
subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the American 
Samoa coral reef ecosystem management area to land or transship PHCRT, 
or any American Samoa coral reef ecosystem MUS harvested within low-use 
MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches American Samoa coral reef ecosystem MUS while 
fishing for bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, 
precious coral, or seamount groundfish.
    (ii) Any person fishing for American Samoa CHCRT outside of an MPA, 
who does not retain any incidentally caught American Samoa PHCRT; and
    (iii) Any person collecting marine organisms for scientific research 
as described in Sec. 665.17, or Sec. 600.745 of this chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management area specified on the permit.
    (c) General requirements. General requirements governing application 
information, issuance, fees, expiration, replacement, transfer, 
alteration, display, sanctions, and appeals for permits are contained in 
Sec. 665.13.
    (d) Special permit. The Regional Administrator shall issue a special 
permit in accordance with the criteria and procedures specified in this 
section.
    (1) Application. An applicant for a special or transshipment permit 
issued under this section must complete and submit to the Regional 
Administrator, a Special Coral Reef Ecosystem Fishing Permit Application 
Form issued by NMFS. Information in the application form must include, 
but is not limited to, a statement describing the objectives of the 
fishing activity for which a special permit is needed, including a 
general description of the expected disposition of the resources 
harvested under the permit (i.e., stored live, fresh, frozen, preserved; 
sold for food, ornamental, research, or other use; and a description of 
the planned fishing operation, including location of fishing and gear 
operation, amount and species (directed and incidental) expected to be 
harvested and estimated habitat and protected species impacts).
    (2) 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 and completed in writing.
    (3) Issuance. (i) If an application contains all of the required 
information, the Regional Administrator will forward copies of the 
application within 30 days to the Council, the USCG, the fishery 
management agency of the affected state, and other interested parties 
who have identified themselves to the Council, and the USFWS.
    (ii) Within 60 days following receipt of a complete application, the 
Regional Administrator will consult with the Council through its 
Executive Director, USFWS, and the Director of the affected state 
fishery management agency concerning the permit application and will 
receive their recommendations for approval or disapproval of the 
application based on:
    (A) Information provided by the applicant;
    (B) The current domestic annual harvesting and processing capacity 
of the directed and incidental species for which a special permit is 
being requested;
    (C) The current status of resources to be harvested in relation to 
the overfishing definition in the FEP;
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity; and

[[Page 421]]

    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding that 
it is consistent with the goals and objectives of the FEP, the national 
standards, the Endangered Species Act, and other applicable laws, 
approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.
    (iv) If the Regional Administrator does not receive a recommendation 
from the Council within 60 days of Council receipt of the permit 
application, the Regional Administrator can make a determination of 
approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include 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.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to 
issues related to, spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous human 
or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been reached and allocating additional 
permits in the same area would be detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the special 
permit, if it is granted, consistent with the management objectives of 
the FEP, including, but not limited to: (A) The maximum amount of each 
resource that can be harvested and landed during the term of the special 
permit, including trip limits, where appropriate.
    (B) The times and places where fishing may be conducted.
    (C) The type, size, and amount of gear which may be used by each 
vessel operated under the special permit.
    (D) Data reporting requirements.
    (E) Such other conditions as may be necessary to ensure compliance 
with the purposes of the special permit consistent with the objectives 
of the FEP.
    (4) Appeals of permit actions. (i) Except as provided in subpart D 
of 15 CFR part 904, any applicant for a permit or a permit holder may 
appeal the granting, denial, conditioning, or suspension of their permit 
or a permit affecting their interests to the Regional Administrator. In 
order to be considered by the Regional Administrator, such appeal must 
be in writing, must state the action(s) appealed, and the reasons 
therefore, and must be submitted within 30 days of the original 
action(s) by the Regional Administrator. The appellant may request an 
informal hearing on the appeal.
    (ii) 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. Upon receipt of 
sufficient information, the Regional Administrator will rule on the 
appeal in accordance with the permit

[[Page 422]]

eligibility criteria set forth in this section and the FEP, as 
appropriate, based upon information relative to the application on file 
at NMFS and the Council and any additional information, the summary 
record kept of any hearing and the hearing officer's recommended 
decision, if any, and such other considerations as deemed appropriate. 
The Regional Administrator will notify all interested persons of the 
decision, and the reasons therefore, in writing, normally within 30 days 
of the receipt of sufficient information, unless additional time is 
needed for a hearing.
    (iii) 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 in the Federal Register. Such a hearing shall normally be held 
no later than 30 days following publication of the notice in the Federal 
Register, unless the hearing officer extends the time for reasons deemed 
equitable. The appellant, the applicant (if different), and, at the 
discretion of the hearing officer, other interested parties, may appear 
personally and/or be represented by counsel at the hearing and may 
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.
    (iv) 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 hearing officer's recommended decision. The Regional 
Administrator's action constitutes final action for the agency for the 
purposes of the Administrative Procedure Act.
    (5) The Regional Administrator may, for good cause, extend any time 
limit prescribed in this section for a period not to exceed 30 days 
either upon his or her own motion or upon written request from the 
Council, appellant or applicant stating the reason(s) therefore.



Sec. 665.125  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15 of this part, it is unlawful for any 
person to do any of the following:
    (a) Fish for, take, retain, possess or land any American Samoa coral 
reef ecosystem MUS in any low-use MPA as defined in Sec. 665.99 unless:
    (1) A valid permit has been issued for the hand harvester or the 
fishing vessel operator that specifies the applicable area of harvest;
    (2) A permit is not required, as outlined in Sec. 665.124; or
    (3) The American Samoa coral reef ecosystem MUS possessed on board 
the vessel originated outside the management area and this can be 
demonstrated through receipts of purchase, invoices, fishing logbooks or 
other documentation.
    (b) Fish for, take, or retain any American Samoa coral reef 
ecosystem MUS species:
    (1) That is determined overfished with subsequent rulemaking by the 
Regional Administrator;
    (2) By means of gear or methods prohibited under Sec. 665.127;
    (3) In a low-use MPA without a valid special permit; or
    (4) In violation of any permit issued under Sec. Sec. 665.13, 
665.123, or 665.124.
    (c) Fish for, take, or retain any wild live rock or live hard coral 
except under a valid special permit for scientific research, aquaculture 
seed stock collection or traditional and ceremonial purposes by 
indigenous people.



Sec. 665.126  Notifications.

    Any special permit holder subject to the requirements of this 
subpart must contact the appropriate NMFS enforcement agent in American 
Samoa, Guam, or Hawaii at least 24 hours before landing any coral reef 
ecosystem MUS unit species harvested under a special permit, and report 
the port and the approximate date and time at which the catch will be 
landed.

[[Page 423]]



Sec. 665.127  Allowable gear and gear restrictions.

    (a) American Samoa coral reef ecosystem MUS may be taken only with 
the following allowable gear and methods:
    (1) Hand harvest;
    (2) Spear;
    (3) Slurp gun;
    (4) Hand net/dip net;
    (5) Hoop net for Kona crab;
    (6) Throw net;
    (7) Barrier net;
    (8) Surround/purse net that is attended at all times;
    (9) Hook-and-line (includes handline (powered or not), rod-and-reel, 
and trolling);
    (10) Crab and fish traps with vessel ID number affixed; and (11) 
Remote-operating vehicles/submersibles.
    (b) American Samoa coral reef ecosystem MUS may not be taken by 
means of poisons, explosives, or intoxicating substances. Possession or 
use of these materials by any permit holder under this subpart who is 
established to be fishing for coral reef ecosystem MUS in the management 
area is prohibited.
    (c) Existing FEP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (d) Any person who intends to fish with new gear not included in 
this section must describe the new gear and its method of deployment in 
the special permit application. A decision on the permissibility of this 
gear type will be made by the Regional Administrator after consultation 
with the Council and the director of the affected state fishery 
management agency.



Sec. 665.128  Gear identification.

    (a) The vessel number must be affixed to all fish and crab traps on 
board the vessel or deployed in the water by any vessel or person 
holding a permit under Sec. Sec. 665.13 or 665.124 or that is otherwise 
established to be fishing for American Samoa coral reef ecosystem MUS in 
the management area.
    (b) Enforcement action. (1) Traps not marked in compliance with 
paragraph (a) of this section and found deployed in the coral reef 
ecosystem management area will be considered unclaimed or abandoned 
property, and may be disposed of in any manner considered appropriate by 
NMFS or an authorized officer.
    (2) Unattended surround nets or bait seine nets found deployed in 
the coral reef ecosystem management area will be considered unclaimed or 
abandoned property, and may be disposed of in any manner considered 
appropriate by NMFS or an authorized officer.



Sec. Sec. 665.129-665.139  [Reserved]



Sec. 665.140  American Samoa Crustacean Fisheries. [Reserved]



Sec. 665.141  Definitions.

    As used in Sec. Sec. 665.140 through 665.159:
    American Samoa crustacean management unit species means the 
following crustaceans:

------------------------------------------------------------------------
         Samoan name           English common name     Scientific name
------------------------------------------------------------------------
Ula.........................  spiny lobster.......  Panulirus
                                                     marginatus,
                                                     Panulirus
                                                     penicillatus.
Papata......................  slipper lobster.....  Scyllaridae.
pa'a........................  Kona crab...........  Ranina ranina.
                              deepwater shrimp....  Heterocarpus spp.
------------------------------------------------------------------------

    Crustacean Permit Area 3 (Permit Area 3) includes the EEZ around 
American Samoa.



Sec. 665.142  Permits.

    (a) Applicability. (1) The owner of any vessel used to fish for 
lobster in Permit Area 3 must have a permit issued for that vessel.
    (2) The owner of any vessel used to fish for deepwater shrimp in 
Crustacean Permit Area 3 must have a permit issued for that vessel.
    (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. 665.13.
    (c) Application. An application for a permit required under this 
section will

[[Page 424]]

be submitted to PIRO as described in Sec. 665.13. 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 PIRO and contain the names and mailing 
addresses of all partners or shareholders and their respective 
percentage of ownership in the partnership or corporation.



Sec. 665.143  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15, in Crustacean Permit Area 3, it is 
unlawful for any person to fish for, take, or retain deepwater shrimp 
without a permit issued under Sec. 665.142.



Sec. 665.144  Notifications.

    (a) The operator of any vessel fishing 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 (a)(2) of this section at least 30 days prior to the opening 
of the fishing season.



Sec. 665.145  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec. 665.140 through 665.145 
and subpart A of this part must carry an observer when requested to do 
so by the Regional Administrator.



Sec. Sec. 665.146-665.159  [Reserved]



Sec. 665.160  American Samoa precious coral fisheries. [Reserved]



Sec. 665.161  Definitions.

    As used in Sec. Sec. 665.160 through 665.169:
    American Samoa precious coral management unit species (American 
Samoa precious coral MUS) means any coral of the genus Corallium in 
addition to the following species of corals:

------------------------------------------------------------------------
                                    English common
           Local name                    name           Scientific name
------------------------------------------------------------------------
Amu piniki-mumu.................  Pink coral (also    Corallium
                                   known as red        secundum,
                                   coral).            Corallium regale,
                                                       Corallium
                                                       laauense.
Amu auro........................  Gold coral........  Gerardia spp.,
                                                       Callogorgia
                                                       gilberti, Narella
                                                       spp.,
                                                       Calyptrophora
                                                       spp.
Amu ofe.........................  Bamboo coral......  Lepidisis olapa,
                                                       Acanella spp.
Amu ofe.........................  Black coral.......  Antipathes
                                                       dichotoma,
                                                       Antipathes
                                                       grandis,
                                                       Antipathes ulex.
------------------------------------------------------------------------

    American Samoa precious coral permit area means the area 
encompassing the precious coral beds within the U.S. EEZ around American 
Samoa. Each bed is designated by a permit area code and assigned to one 
of the following four categories:
    (1) Established beds. [Reserved]
    (2) Conditional beds. [Reserved]
    (3) Refugia. [Reserved]
    (4) Exploratory Area. Permit Area X-P-AS includes all coral beds, 
other than established beds, conditional beds, or refugia, in the EEZ 
seaward of American Samoa.



Sec. 665.162  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining American Samoa precious coral MUS in any American Samoa 
precious coral permit area must have a permit issued under Sec. 665.13.
    (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. 665.161.
    (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 coral fishery 
issued under Sec. 665.13.
    (f) General requirements governing application information, 
issuance, fees,

[[Page 425]]

expiration, replacement, transfer, alteration, display, sanctions, and 
appeals for permits for the precious coral fishery are contained in 
Sec. 665.13.



Sec. 665.163  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and in Sec. 665.15, 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. 665.13 and 
that permit is on board the vessel.
    (b) Fish for, take, or retain any species of American Samoa precious 
coral MUS in any precious coral permit area:
    (1) By means of gear or methods prohibited by Sec. 665.164.
    (2) In refugia specified in Sec. 665.161.
    (3) In a bed for which the quota specified in Sec. 665.167 has been 
attained.
    (4) In violation of any permit issued under Sec. 665.13 or Sec. 
665.17.
    (5) In a bed that has been closed pursuant to Sec. Sec. 665.166 or 
665.169.
    (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec. 665.165 unless:
    (1) A valid EFP was issued under Sec. 665.17 for the vessel and the 
vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.



Sec. 665.164  Gear restrictions.

    Only selective gear may be used to harvest coral from any precious 
coral permit area.



Sec. 665.165  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. 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).



Sec. 665.166  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, 
NMFS shall publish a notice to that effect in the Federal Register and 
shall use other means to notify permit holders. Any such notice 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. 665.167  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 Sec. 665.167(d). 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 area X-
P-AS 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 the American 
Samoa exploratory area 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 the year that just ended 
on December 31.
    (3) NMFS will release to TALFF an amount of precious coral for each 
exploratory area equal to the quota

[[Page 426]]

minus two times the amount harvested by vessels of the United States in 
that July 1-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.
    (d) The American Samoa exploratory permit area X-P-AS has an annual 
quota of 1,000 kg for all American Samoa precious coral MUS combined 
with the exception of black corals.



Sec. 665.168  Seasons.

    The fishing year for precious coral begins on July 1 and ends on 
June 30 the following year.



Sec. 665.169  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2013.



                       Subpart C_Hawaii Fisheries



Sec. 665.198  Management area.

    The Hawaii fishery management area is the EEZ seaward of the State 
of Hawaii, including the Main Hawaiian Islands (MHI) and Northwestern 
Hawaiian Islands (NWHI), with the inner boundary a line coterminous with 
the seaward boundaries of the State of Hawaii and the outer boundary 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.



Sec. 665.199  Area restrictions [Reserved]



Sec. 665.200  Hawaii bottomfish and seamount groundfish fisheries. [Reserved]



Sec. 665.201  Definitions.

    As used in Sec. Sec. 665.200 through 665.219:
    Hawaii bottomfish management unit species (Hawaii bottomfish MUS) 
means the following species:

------------------------------------------------------------------------
         Local name            English common name     Scientific name
------------------------------------------------------------------------
Lehi........................  silver jaw jobfish..  Aphareus rutilans.
Uku white papio, ulua au....  gray jobfish........  Aprion virescens.
 kea........................  giant trevally......  Caranx ignobilis.
ulua la`uli.................  black jack..........  Caranx lugubris.
hpu`upu`u...................  sea bass............  Epinephalus quernus.
Ehuonaga, `ula`ula..........  red snapper.........  Etelis carbunculus.
koa`e.......................  longtail snapper....  Etelis coruscans.
ta`ape......................  blue stripe snapper.  Lutjanus kasmira.
kalekale....................  yellowtail snapper..  Pristipomoides
                                                     auricilla.
`pakapaka...................  pink snapper........  Pristipomoides
                                                     filamentosus.
kalekale....................  pink snapper........  Pristipomoides
                                                     seiboldii.
gindai......................  snapper.............  Pristipomoides
                                                     zonatus.
pig ulua, butaguchi.........  thicklip trevally...  Pseudocaranx dentex.
kahala......................  amberjack...........  Seriola dumerili.
------------------------------------------------------------------------

    Hawaii restricted bottomfish species fishing year means the year 
beginning at 0001 HST on September 1 and ending at 2400 HST on August 31 
of the next calendar year.
    Main Hawaiian Islands non-commercial bottomfish permit means the 
permit required by Sec. 665.203(a)(2) to own or fish from a vessel that 
is used in any non-commercial vessel-based fishing, landing, or 
transshipment of any Hawaii bottomfish MUS in the MHI Management 
Subarea.
    Protected species study zone means the waters within 50 nm, as 
designated by the Regional Administrator pursuant to Sec. 665.208, 
around the following islands of the NWHI and as measured from the 
following coordinates:

------------------------------------------------------------------------
                Name                       N. lat.          W. long.
------------------------------------------------------------------------
Nihoa Island........................  23[deg]05[min]    161[deg]55[min]
Necker Island.......................  23[deg]35[min]    164[deg]40[min]
French Frigate Shoals...............  23[deg]45[min]    166[deg]15[min]
Gardner Pinnacles...................  25[deg]00[min]    168[deg]00[min]
Maro Reef...........................  25[deg]25[min]    170[deg]35[min]
Laysan Island.......................  25[deg]45[min]    171[deg]45[min]
Lisianski Island....................  26[deg]00[min]    173[deg]55[min]
Pearl and Hermes Reef...............  27[deg]50[min]    175[deg]50[min]
Midway Island.......................  28[deg]14[min]    177[deg]22[min]
Kure Island.........................  28[deg]25[min]    178[deg]20[min]
------------------------------------------------------------------------

    Seamount Groundfish means the following species:

[[Page 427]]



------------------------------------------------------------------------
             Common name                        Scientific name
------------------------------------------------------------------------
Armorhead...........................  Pseudopentaceros wheeleri.
Alfonsin............................  Beryx splendens.
Raftfish............................  Hyperoglyphe japonica.
------------------------------------------------------------------------



Sec. 665.202  Management subareas.

    (a) The Hawaii fishery management area is divided into subareas with 
the following designations and boundaries:
    (1) Main Hawaiian Islands means the U.S. EEZ around the Hawaiian 
Archipelago lying to the east of 161[deg]20[min] W. long.
    (2) Northwestern Hawaiian Islands means the EEZ around the Hawaiian 
Archipelago lying to the west of 161[deg]20[min] W. long. For the 
purposes of regulations issued under this subpart, Midway Island is 
treated as part of the NWHI 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.
    (b) The inner boundary of each management subarea is a line 
coterminous with the seaward boundaries of the State of Hawaii.
    (c) The outer boundary of each management subarea 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.



Sec. 665.203  Permits.

    (a) Applicability--(1) Northwestern Hawaiian Islands. The owner of 
any vessel used to fish for, land, or transship Hawaii bottomfish MUS 
shoreward of the outer boundary of the NWHI subarea must have a permit 
issued under this section, and the permit must be registered for use 
with that vessel. PIRO will not register a single vessel for use with a 
Ho'omalu Zone permit and a Mau Zone permit at the same time. Mau Zone 
permits issued before June 14, 1999, became invalid June 14, 1999, 
except that a permit issued to a person who submitted a timely 
application under paragraph (b)(3) 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.
    (2) MHI non-commercial. The owner of a vessel that is used for and 
any person who participates in non-commercial, vessel-based fishing, 
landing, or transshipment of Hawaii bottomfish MUS in the MHI management 
subarea is required to obtain an MHI non-commercial bottomfish permit or 
a State of Hawaii Commercial Marine License. If one or more persons on a 
vessel-based bottomfish fishing trip holds an MHI non-commercial permit, 
then the entire trip is considered non-commercial, and not commercial. 
However, if any commercial fishing occurs during or as a result of a 
vessel-based fishing trip, then the fishing trip is considered 
commercial, and not non-commercial. Charter boat customers are not 
subject to the requirements of the section.
    (b) Submission. (1) An application for a permit required under this 
section must be submitted to PIRO as described in Sec. 665.13.
    (2) Ho'omalu Zone limited access permit. In addition to an 
application under Sec. 665.13(c), each applicant for a Ho'omalu Zone 
permit must also submit a supplementary information sheet provided by 
PIRO, 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. PIRO will not accept 
applications for a new Mau Zone permit after June 14,

[[Page 428]]

1999. In addition to an application under Sec. 665.13(c), each 
applicant for a Mau Zone permit must also submit a supplementary 
information sheet provided by PIRO, which must be signed by the vessel 
owner or a designee and include the following information:
    (i) The qualification criterion that the applicant believes he or 
she meets for issuance of a limited access permit;
    (ii) Copy of State of Hawaii catch report(s) to demonstrate that the 
permitted vessel had made qualifying landings of bottomfish from the Mau 
Zone; and
    (iii) If the application is filed by a partnership or corporation, 
the names of each of the individual partners or shareholders and their 
respective percentage of ownership of the partnership or corporation.
    (c) Sale or transfer of Ho'omalu limited access permits to new 
vessel owners.
    (1) A Ho'omalu zone permit may not be sold or otherwise transferred 
to a new owner.
    (2) A Ho'omalu zone permit or permits may be held by a partnership 
or corporation. If 50 percent or more of the ownership of the vessel 
passes to persons other than those listed in the original application, 
the permit will lapse and must be surrendered to the Regional 
Administrator.
    (d) Transfer of Ho'omalu Zone limited access permits to replacement 
vessels.
    (1) 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) LOA. 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) LOA. 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 Hawaii bottomfish MUS 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 
Hawaii bottomfish MUS. 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 a 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. 665.13 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:

[[Page 429]]

    (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 Hawaii bottomfish MUS, regardless of weight, if 
made on or before August 7, 1985;
    (B) At least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS, 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 MHI.
    (iii) For any one year, points will be assigned under either 
paragraph (g)(1)(i) or (g)(1)(ii) of this section, but not under both 
paragraphs.
    (iv) Before the Regional Administrator issues a 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) PIRO 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 
Hawaii bottomfish MUS 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 Hawaii bottomfish MUS during 1991 shall be assigned 0.5 
point.
    (iii) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1992 shall be assigned 1.0 
point.
    (iv) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1993 shall be assigned 1.5 
points.
    (v) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1994 shall be assigned 2.0 
points.
    (vi) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1995 shall be assigned 2.5 
points.
    (vii) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1996 shall be assigned 3.0 
points.
    (viii) Before PIRO 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 (h), a ``qualifying landing'' 
means any amount of Hawaii bottomfish MUS 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

[[Page 430]]

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 PIRO to register the permit for use with a 
vessel owned by the permit holder, then the permit shall expire.
    (5) For each of paragraphs (h)(1)(i) through (h)(1)(viii) of this 
section, PIRO shall assign points based on the landings of one permitted 
vessel to only one owner if the vessel did not have multiple owners 
during the time frame covered by the subordinate paragraphs. If a vessel 
had multiple owners during a time frame covered by any of paragraphs 
(h)(1)(i) through (h)(1)(viii) of this section (including joint owners, 
partners, or shareholders of a corporate owner), PIRO 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 PIRO 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 PIRO.
    (2) A Mau Zone permit holder may apply under Sec. 665.13 to PIRO 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) LOA.
    (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 PIRO 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 PIRO 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 Hawaii 
bottomfish MUS per trip during the calendar year. Only one landing of 
bottomfish MUS 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.

[[Page 431]]

    (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 A of 15 CFR part 904, any 
applicant for a permit or a permit holder may appeal the granting, 
denial, or revocation of his or her permit to the Regional 
Administrator.
    (2) In order to be considered by the Regional Administrator, such 
appeal must be in writing, must state the action appealed, and the 
reasons therefore, and must be submitted within 30 days of the appealed 
action. The appellant may request an informal hearing on the appeal.
    (3) The Regional Administrator, in consultation with the Council, 
will decide the appeal in accordance with the FEP 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 and/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.



Sec. 665.204  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15, it is unlawful for any person to do 
any of the following:
    (a) Fish for Hawaii bottomfish or seamount groundfish MUS using gear 
prohibited under Sec. 665.206.
    (b) Fish for, or retain on board a vessel, Hawaii bottomfish MUS in 
the Ho'omalu Zone or the Mau Zone without the appropriate permit 
registered for use with that vessel issued under Sec. 665.13.
    (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. 665.203.
    (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. 
665.205.
    (e) Fish within any protected species study zone in the NWHI without 
notifying the Regional Administrator of the intent to fish in these 
zones, as required under Sec. 664.205.
    (f) Falsify or fail to make or file reports of all fishing 
activities shoreward of the outer boundary of the MHI management 
subarea, in violation of Sec. 665.14(a) or (b).
    (g) Own a vessel or fish from a vessel that is used to fish non-
commercially for any Hawaii bottomfish MUS in the MHI management subarea 
without either a MHI non-commercial bottomfish permit or a State of 
Hawaii Commercial Marine License, in violation of Sec. Sec. 665.2 or 
665.203(a)(2).
    (h) Fish for or possess any Hawaii Restricted Bottomfish Species as 
specified in Sec. 665.210, in the MHI management subarea after a 
closure of the fishery, in violation of Sec. 665.211.
    (i) Sell or offer for sale any Hawaii Restricted Bottomfish Species, 
as specified in Sec. 665.210, after a closure of the fishery, in 
violation of Sec. 665.211.
    (j) Harvest, possess, or land more than a total of five fish (all 
species combined) identified as Hawaii Restricted Bottomfish Species in 
Sec. 665.210 from a vessel in the MHI management subarea, while holding 
a MHI non-commercial bottomfish permit, or while participating as a 
charter boat customer, in violation of Sec. 665.212.

[[Page 432]]



Sec. 665.205  Notification.

    (a) The owner or operator of a fishing vessel subject to Sec. 
665.203(a)(1) must inform PIRO 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. 665.201. 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 Hawaii 
bottomfish MUS 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. 665.206  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for Hawaii 
bottomfish and seamount groundfish MUS 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. 665.203 or otherwise 
established to be fishing for Hawaii bottomfish or seamount groundfish 
MUS 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 
Hawaii bottomfish and seamount groundfish MUS is prohibited.



Sec. 665.207  At-sea observer coverage.

    (a) All fishing vessels subject to Sec. Sec. 665.200 though 665.212 
must carry an observer when directed to do so by the Regional 
Administrator.
    (b) PIRO will advise the vessel owner or operator of any observer 
requirement within 72 hours (not including weekends or holidays) of 
receipt of the notice provided pursuant to Sec. 665.205(a). 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 or futon on the floor, or a cot, is not acceptable in place of 
a regular bunk. Meal and other galley 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. 665.208  Protected species conservation.

    The Regional Administrator may change the size of the protected 
species study zones defined in Sec. 665.201 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. 665.209  Fishing moratorium on Hancock Seamount.

    Fishing for Hawaii bottomfish and seamount groundfish MUS on the 
Hancock Seamount is prohibited through August 31, 2010.

[[Page 433]]



Sec. 665.210  Hawaii restricted bottomfish species.

    Hawaii restricted bottomfish species means the following species:

------------------------------------------------------------------------
                                    English  common
           Local name                    name           Scientific name
------------------------------------------------------------------------
lehi............................  silver jaw jobfish  Aphareus rutilans.
ehu.............................  squirrelfish        Etelis
                                   snapper.            carbunculus.
onaga...........................  longtail snapper..  Etelis coruscans.
opakapaka.......................  Pink snapper......  Pristipomoides
                                                       filamentosus.
kalekale........................  snapper...........  Pristipomoides
                                                       sieboldii.
gindai..........................  snapper...........  Pristipomoides
                                                       zonatus.
hapu`upu`u......................  sea bass..........  Epinephelus
                                                       quernus.
------------------------------------------------------------------------



Sec. 665.211  Total Allowable Catch (TAC) limit.

    (a) TAC limits will be set annually for the fishing year by NMFS, as 
recommended by the Council, based on the best available scientific, 
commercial, and other information, and taking into account the 
associated risk of overfishing.
    (b) The Regional Administrator shall publish a notice indicating the 
annual TAC limit in the Federal Register by August 31 of each year, and 
shall use other means to notify permit holders of the TAC limit for the 
year.
    (c) When the TAC limit specified in this section is projected to be 
reached based on analyses of available information, the Regional 
Administrator shall publish a notice to that effect in the Federal 
Register and shall use other means to notify permit holders. The notice 
will include an advisement that the fishery will be closed beginning at 
a specified date, which is not earlier than 14 days after the date of 
filing the closure notice for public inspection at the Office of the 
Federal Register, until the end of the fishing year in which the TAC is 
reached.
    (d) On and after the date specified in Sec. 665.211(c), no person 
may fish for or possess any Hawaii Restricted Bottomfish Species as 
specified in Sec. 665.210 in the MHI management subarea, except as 
otherwise allowed in this section.
    (e) On and after the date specified in Sec. 665.211(c), no person 
may sell or offer for sale Hawaii Restricted Bottomfish Species as 
specified in Sec. 665.210, except as otherwise authorized by law.
    (f) Fishing for, and the resultant possession or sale of, Hawaii 
Restricted Bottomfish Species by vessels legally registered to Mau Zone, 
Ho`omalu Zone, or PRIA bottomfish fishing permits and conducted in 
compliance with all other laws and regulations, is exempted from this 
section.



Sec. 665.212  Non-commercial bag limits.

    No more than a total of five fish (all species combined) identified 
as Hawaii Restricted Bottomfish Species as specified in Sec. 665.210, 
may be harvested, possessed, or landed by any individual participating 
in a non-commercial vessel-based fishing trip in the MHI management 
subarea. Charter boat customers are also subject to the bag limit.



Sec. Sec. 665.213-665.219  [Reserved]



Sec. 665.220  Hawaii coral reef ecosystem fisheries. [Reserved]



Sec. 665.221  Definitions.

    As used in Sec. Sec. 665.220 through 665.239:
    Hawaii coral reef ecosystem management unit species (Hawaii coral 
reef ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa 
and Potentially Harvested Coral Reef Taxa listed in this section and 
which spend the majority of their non-pelagic (post-settlement) life 
stages within waters less than or equal to 50 fathoms in total depth.
    Hawaii Currently Harvested Coral Reef Taxa:

----------------------------------------------------------------------------------------------------------------
             Family name                      Local name          English common name        Scientific name
----------------------------------------------------------------------------------------------------------------
Acanthuridae (Surgeonfishes).........  na`ena`e...............  orange-spot surgeonfish  Acanthurus olivaceus.
                                       Pualu..................  yellowfin surgeonfish..  Acanthurus
                                                                                          xanthopterus.
                                       Manini.................  convict tang...........  Acanthurus triostegus.
                                       Palani.................  eye-striped surgeonfish  Acanthurus dussumieri.
                                       Maiko..................  blue-lined surgeon.....  Acanthurus nigroris.
                                       maiko, maikoiko........  whitebar surgeonfish...  Acanthurus
                                                                                          leucopareius.
                                                                whitecheek surgeonfish.  Acanthurus nigricans.
                                       `api...................  white-spotted            Acanthurus guttatus.
                                                                 surgeonfish.
                                       Pualu..................  ringtail surgeonfish...  Acanthurus blochii.
                                       mai`i`i................  brown surgeonfish......  Acanthurus nigrofuscus.
                                       Kole...................  yellow-eyed surgeonfish  Ctenochaetus strigosus.

[[Page 434]]

 
                                       NA.....................  striped bristletooth...  Ctenochaetus striatus.
                                       Kala...................  bluespine unicornfish..  Naso unicornus.
                                       kalalei, umaumalei.....  orangespine unicornfish  Naso lituratus.
Acanthuridae (Surgeonfishes).........  kala holo..............  black tongue             Naso hexacanthus.
                                                                 unicornfish.
                                       Kala...................  whitemargin unicornfish  Naso annulatus.
                                       kala lolo..............  spotted unicornfish....  Naso brevirostris.
                                                                gray unicornfish.......  Naso caesius.
                                       lau`ipala..............  yellow tang............  Zebrasoma flavescens.
Balistidae (Triggerfish).............  humuhumu hi`ukole......  pinktail triggerfish...  Melichthys vidua.
                                       humuhumu `ele`ele......  black triggerfish......  Melichthys niger.
                                       humuhumu nukunuku        picassofish............  Rhinecanthus aculeatus.
                                        apua`a.
                                                                bridled triggerfish....  Sufflamen fraenatum.
Carangidae (Jacks)                     akule, hahalu..........  bigeye scad............  Selar crumenophthalmus.
                                       `opelu, `opelu mama....  mackerel scad..........  Decapterus macarellus.
Carcharhinidae (Sharks)..............  Man....................  grey reef shark........  Carcharhinus
                                                                                          amblyrhynchos.
                                       Man....................  galapagos shark........  Carcharhinus
                                                                                          galapagensis.
                                       Man....................  blacktip reef shark....  Carcharhinus
                                                                                          melanopterus.
                                       man lalakea............  whitetip reef shark....  Triaenodon obesus.
Holocentridae (Soldierfish/Squirrel-   menpachi, `u`u.........  bigscale soldierfish...  Myripristis berndti.
 fish).                                menpachi, `u`u.........  brick soldierfish......  Myripristis amaena.
                                       menpachi, `u`u.........  yellowfin soldierfish..  Myripristis chryseres.
                                       menpachi, `u`u.........  pearly soldierfish.....  Myripristis kuntee.
                                       `ala`ihi...............  file-lined squirrelfish  Sargocentron
                                                                                          microstoma.
                                       `ala`ihi...............  crown squirrelfish.....  Sargocentron diadema.
                                       `ala`ihi...............  peppered squirrelfish..  Sargocentron
                                                                                          punctatissimum.
                                       `ala`ihi...............  blue-lined squirrelfish  Sargocentron tiere.
                                       `ala`ihi...............  Hawaiian squirrelfish..  Sargocentron
                                                                                          xantherythrum.
                                       `ala`ihi...............  saber or long jaw        Sargocentron
                                                                 squirrelfish.            spiniferum.
                                       `ala`ihi...............  spotfin squirrelfish...  Neoniphon spp.
Kuhliidae (Flagtails)................  `aholehole.............  Hawaiian flag-tail.....  Kuhlia sandvicensis.
Kyphosidae (Rudderfish)..............  Nenue..................  rudderfish.............  Kyphosus biggibus.
                                       Nenue..................  rudderfish.............  Kyphosus cinerascens.
                                       Nenue..................  rudderfish.............  Kyphosus vaigiensis.
Labridae (Wrasses)...................  `a`awa.................  saddleback hogfish.....  Bodianus bilunulatus.
                                       po`ou..................  ring-tailed wrasse.....  Oxycheilinus
                                                                                          unifasciatus.
                                       laenihi, nabeta........  razor wrasse...........  Xyrichtys pavo.
                                       kupoupou ho`u..........  cigar wrasse...........  Cheilio inermis.
                                                                surge wrasse...........  Thalassoma purpureum.
                                                                red ribbon wrasse......  Thalassoma
                                                                                          quinquevittatum.
                                                                sunset wrasse..........  Thalassoma lutescens.
                                                                rockmover wrasse.......  Novaculichthys
                                                                                          taeniourus.
Mullidae (Goatfishes)................  Weke...................  yellow goatfish........  Mulloidichthys spp.
                                       weke nono..............  orange goatfish........  Mulloidichthys
                                                                                          pfleugeri.
                                       weke`ula...............  yellowfin goatfish.....  Mulloidichthys
                                                                                          vanicolensis.
                                       weke`a or weke a`a.....  yellowstripe goatfish..  Mulloidichthys
                                                                                          flavolineatus.
                                       kumu, moano............  banded goatfish........  Parupeneus spp.
                                       Munu...................  doublebar goatfish.....  Parupeneus bifasciatus.
                                       moano kea, moano kale..  yellowsaddle goatfish..  Parupeneus cyclostomas.
                                       Malu...................  side-spot goatfish.....  Parupeneus
                                                                                          pleurostigma.
                                       Moano..................  multi-barred goatfish..  Parupeneus
                                                                                          multifaciatus.
                                       weke pueo..............  bandtail goatfish......  Upeneus arge.
Mugilidae (Mullets)..................  `ama`ama...............  stripped mullet........  Mugil cephalus.
                                       Uouoa..................  false mullet...........  Neomyxus leuciscus.
Muraenidae (Moray eels)..............  puhi paka..............  yellowmargin moray eel.  Gymnothorax
                                                                                          flavimarginatus.
                                       Puhi...................  giant moray eel........  Gymnothorax javanicus.
                                       puhi laumilo...........  undulated moray eel....  Gymnothorax undulatus.
                                       Puhi...................  dragon eel.............  Enchelycore pardalis.
Octopodidae (Octopus)................  he`e mauli, tako.......  octopus................  Octopus cyanea.
                                       he`e, tako.............  octopus................  Octopus ornatus.
Polynemidae..........................  Moi....................  threadfin..............  Polydactylus sexfilis.
Priacanthidae (Big-eyes).............  `aweoweo...............  glasseye...............  Heteropriacanthus
                                                                                          cruentatus.
                                       `aweoweo...............  bigeye.................  Priacanthus hamrur.
Scaridae (Parrotfish)................  uhu, palukaluka........  parrotfish.............  Scarus spp.
                                       panuhunuhu.............  stareye parrotfish.....  Calotomus carolinus.
Sphyraenidae (Barracuda).............  kawele`a, kaku.........  Heller's barracuda.....  Sphyraena helleri.
                                       Kaku...................  great barracuda........  Sphyraena barracuda.
Turbinidae...........................  .......................  green snails turban      Turbo spp.
                                                                 shells.
Zanclidae............................  kihikihi...............  moorish idol...........  Zanclus cornutus.
Chaetodontidae.......................  kikakapu...............  butterflyfish..........  Chaetodon auriga.
                                       kikakapu...............  raccoon butterflyfish..  Chaetodon lunula.
                                       kikakapu...............  saddleback               Chaetodon ephippium.
                                                                 butterflyfish.
Sabellidae...........................  .......................  featherduster worm.      .......................
----------------------------------------------------------------------------------------------------------------


[[Page 435]]

    Hawaii Potentially Harvested Coral Reef Taxa:

------------------------------------------------------------------------
         Local name            English common name     Scientific name
------------------------------------------------------------------------
Hinalea.....................  wrasses (Those        Labridae.
                               species not listed
                               as CHCRT).
Man.........................  sharks (Those         Carcharhinidae,
                               species not listed    Sphyrnidae.
                               as CHCRT).
Hihimanu....................  rays and skates.....  Dasyatididae,
                                                     Myliobatidae.
roi, hapu`upu `u............  groupers, seabass     Serrandiae.
                               (Those species not
                               listed as CHCRT or
                               in BMUS).
                              tilefishes..........  Malacanthidae.
dobe, kagami, pa`opa`o,       jacks and scads       Carangidae.
 papa, omaka, ulua.            (Those species not
                               listed as CHCRT or
                               in BMUS).
`u`u........................  solderfishes and      Holocentridae.
                               squirrelfishes
                               (Those species not
                               listed as CHCRT).
weke, moano, kumu...........  goatfishes (Those     Mullidae.
                               species not listed
                               as CHCRT).
na`ena `e, maikoiko.........  surgeonfishes (Those  Acanthuridae.
                               species not listed
                               as CHCRT).
                              remoras.............  Echeneidae.
Puhi........................  eels (Those species   Muraenidae,
                               not listed as         Congridae,
                               CHCRT).               Ophichthidae.
`upapalu....................  cardinalfishes......  Apogonidae.
                              herrings............  Clupeidae.
Nehu........................  anchovies...........  Engraulidae.
                              coral crouchers.....  Caracanthidae.
`o`opu......................  gobies..............  Gobiidae.
to`au.......................  snappers (Those       Lutjanidae.
                               species not listed
                               as CHCRT or in
                               BMUS).
Nunu........................  trumpetfish.........  Aulostomus
                                                     chinensis.
nunu peke...................  cornetfish..........  Fistularia
                                                     commersoni.
Kihikihi....................  moorish Idols.......  Zanclidae.
Kikakapu....................  butterflyfishes.....  Chaetodontidae.
                              angelfishes.........  Pomacanthidae.
Mamo........................  damselfishes........  Pomacentridae.
nohu, okoze.................  scorpionfishes,       Scorpaenidae.
                               lionfishes.
pa o'o......................  blennies............  Blenniidae.
Kaku........................  barracudas (Those     Sphyraenidae.
                               species not listed
                               as CHCRT).
                              sandperches.........  Pinguipedidae.
paki`i......................  flounders and soles.  Bothidae, Soleidae,
                                                     Pleurnectidae.
Makukana....................  trunkfishes.........  Ostraciidae.
humu humu...................  trigger fishes        Balistidae.
                               (Those species not
                               listed as CHCRT).
Nenue.......................  rudderfishes (Those   Kyphosidae.
                               species not listed
                               as CHCRT).
po`opa`a....................  hawkfishes (Those     Cirrhitidae.
                               species not listed
                               as CHCRT).
`o`opu hue, fugu............  puffer fishes and     Tetradontidae.
                               porcupine fishes.
                              frogfishes..........  Antennariidae.
                              pipefishes and        Syngnathidae.
                               seahorses.
namako, lole, wana..........  sea cucumbers and     Echinoderms.
                               sea urchins (Those   Mollusca.
                               species not listed
                               as CHCRT).
ko`a........................  ahermatypic corals..  Azooxanthellates.
ko`a........................  mushroom corals.....  Fungiidae.
ko`a........................  small and large       ....................
                               coral polyps.
                              soft corals and       ....................
                               gorgonians.
                              anemones............  Actinaria.
                              soft zoanthid corals  Zoanthinaria.
                              hydroid corals......  Solanderidae.
ko`a........................  lace corals.........  Stylasteridae.
ula, a`ama, mo`ala, `alakuma  lobsters, shrimps,    Crustaceans.
                               mantis shrimps,
                               true crabs and
                               hermit crabs (Those
                               species not listed
                               as CMUS).
                                                    Hydrozoans,
                                                     Bryzoans.
                              black-lip pearl       Pinctada
                               oyster.               margaritifera.
                              other clams.........  Other Bivalves.
                              sea squirts.........  Tunicates.
                              sponges.............  Porifera.
tako, he`e..................  octopi..............  Cephalopods.
                              sea snails..........  Gastropoda.
                              sea slugs...........  Opistobranchs.
Limu........................  seaweed.............  Algae.
                                                    Live rock.

[[Page 436]]

 
                              segmented worms       Annelids.
                               (Those species not
                               listed as CHCRT).
------------------------------------------------------------------------
All other Hawaii coral reef ecosystem MUS that are marine plants,
 invertebrates, and fishes that are not listed in the Hawaii CHCRT table
 or are not Hawaii bottomfish, crustacean, precious coral, seamount
 groundfish or western Pacific pelagic MUS..
------------------------------------------------------------------------



Sec. 665.222  Management area.

    The Hawaii coral reef ecosystem management area is as follows:
    (a) The U.S. EEZ around the Hawaiian Archipelago lying to the east 
of 160[deg]50[min] W. long.
    (b) The inner boundary of the management area is the seaward 
boundary of the State of Hawaii.
    (c) The outer boundary of the management area is the outer boundary 
of the U.S. EEZ.



Sec. 665.223  Relation to other laws.

    To ensure consistency between the management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the Hawaii coral reef ecosystem management area, 
fishing for Hawaii coral reef ecosystem MUS is not allowed within the 
boundary of a National Wildlife Refuge unless specifically authorized by 
the USFWS, regardless of whether that refuge was established by action 
of the President or the Secretary of the Interior.



Sec. 665.224  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, Sec. 
665.13 applies to Hawaii coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining Hawaii coral reef ecosystem MUS must have a special 
permit if they, or a vessel which they operate, is used to fish for any:
    (i) Hawaii coral reef ecosystem MUS in low-use MPAs as defined in 
Sec. 665.199;
    (ii) Hawaii Potentially Harvested Coral Reef Taxa in the coral reef 
ecosystem management area; or
    (iii) Hawaii coral reef ecosystem MUS in the coral reef ecosystem 
management area with any gear not specifically allowed in this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the Hawaii 
coral reef ecosystem management area to land or transship PHCRT, or any 
Hawaii coral reef ecosystem MUS harvested within low-use MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches Hawaii coral reef ecosystem MUS while fishing for 
bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, precious 
coral, or seamount groundfish.
    (ii) Any person fishing for Hawaii CHCRT outside of an MPA, who does 
not retain any incidentally caught Hawaii PHCRT; and
    (iii) Any person collecting marine organisms for scientific research 
as described in Sec. 665.17, or Sec. 600.745 of this chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management area specified on the permit.
    (c) General requirements. General requirements governing application 
information, issuance, fees, expiration, replacement, transfer, 
alteration, display, sanctions, and appeals for permits are contained in 
Sec. 665.13.
    (d) Special permit. The Regional Administrator shall issue a special 
permit in accordance with the criteria and procedures specified in this 
section.
    (1) Application. An applicant for a special or transshipment permit 
issued under this section must complete and submit to the Regional 
Administrator a Special Coral Reef Ecosystem Fishing Permit Application 
Form issued by NMFS. Information in the application form must include, 
but is not limited to a statement describing the objectives of the 
fishing activity for which a special permit is needed, including a 
general description of the expected disposition of the resources 
harvested under the permit (i.e., stored live, fresh, frozen, preserved, 
sold for food,

[[Page 437]]

ornamental, research, or other use, and a description of the planned 
fishing operation, including location of fishing and gear operation, 
amount and species (directed and incidental) expected to be harvested 
and estimated habitat and protected species impacts).
    (2) 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.
    (3) Issuance. (i) If an application contains all of the required 
information, the Regional Administrator will forward copies of the 
application within 30 days to the Council, the USCG, the fishery 
management agency of the affected state, and other interested parties 
who have identified themselves to the Council, and the USFWS.
    (ii) Within 60 days following receipt of a complete application, the 
Regional Administrator will consult with the Council through its 
Executive Director, USFWS, and the Director of the affected state 
fishery management agency concerning the permit application and will 
receive their recommendations for approval or disapproval of the 
application based on:
    (A) Information provided by the applicant;
    (B) The current domestic annual harvesting and processing capacity 
of the directed and incidental species for which a special permit is 
being requested;
    (C) The current status of resources to be harvested in relation to 
the overfishing definition in the FEP;
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity; and
    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding that 
it is consistent with the goals and objectives of the FEP, the national 
standards, the Endangered Species Act, and other applicable laws, 
approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.
    (iv) If the Regional Administrator does not receive a recommendation 
from the Council within 60 days of Council receipt of the permit 
application, the Regional Administrator can make a determination of 
approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include 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.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to, 
issues related to spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous human 
or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been

[[Page 438]]

reached and allocating additional permits in the same area would be 
detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the special 
permit, if it is granted, consistent with the management objectives of 
the FEP, including, but not limited to:
    (A) The maximum amount of each resource that can be harvested and 
landed during the term of the special permit, including trip limits, 
where appropriate.
    (B) The times and places where fishing may be conducted.
    (C) The type, size, and amount of gear which may be used by each 
vessel operated under the special permit.
    (D) Data reporting requirements.
    (E) Such other conditions as may be necessary to ensure compliance 
with the purposes of the special permit consistent with the objectives 
of the FEP.
    (4) Appeals of permit actions. (i) Except as provided in subpart D 
of 15 CFR part 904, any applicant for a permit or a permit holder may 
appeal the granting, denial, conditioning, or suspension of their permit 
or a permit affecting their interests to the Regional Administrator. In 
order to be considered by the Regional Administrator, such appeal must 
be in writing, must state the action(s) appealed, and the reasons 
therefore, and must be submitted within 30 days of the original 
action(s) by the Regional Administrator. The appellant may request an 
informal hearing on the appeal.
    (ii) 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 in 
such form as will allow action upon the appeal. Upon receipt of 
sufficient information, the Regional Administrator will rule on the 
appeal in accordance with the permit eligibility criteria set forth in 
this section and the FEP, as appropriate, based on information relative 
to the application on file at NMFS and the Council and any additional 
information, the summary record kept of any hearing and the hearing 
officer's recommended decision, if any, and such other considerations as 
deemed appropriate. The Regional Administrator will notify all 
interested persons of the decision, and the reasons therefore, in 
writing, normally within 30 days of the receipt of sufficient 
information, unless additional time is needed for a hearing.
    (iii) 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 in the Federal Register. Such a hearing shall normally be held 
no later than 30 days following publication of the notice in the Federal 
Register, unless the hearing officer extends the time for reasons deemed 
equitable. The appellant, the applicant (if different), and, at the 
discretion of the hearing officer, other interested parties, may appear 
personally and/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.
    (iv) 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 hearing officer's recommended decision. The Regional 
Administrator's action constitutes final action for the agency for the 
purposes of the Administrative Procedure Act.
    (5) Any time limit prescribed in this section may be extended for 
good cause, for a period not to exceed 30 days, by the Regional 
Administrator, either upon his or her own motion or upon written request 
from the Council, appellant or applicant stating the reason(s) 
therefore.

[[Page 439]]



Sec. 665.225  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15 of this part, it is unlawful for any 
person to do any of the following:
    (a) Fish for, take, retain, possess or land any Hawaii coral reef 
ecosystem MUS in any low-use MPA as defined in Sec. 665.199 unless:
    (1) A valid permit has been issued for the hand harvester or the 
fishing vessel operator that specifies the applicable area of harvest;
    (2) A permit is not required, as outlined in Sec. 665.224; or
    (3) The Hawaii coral reef ecosystem MUS possessed on board the 
vessel originated outside the management area and this can be 
demonstrated through receipts of purchase, invoices, fishing logbooks or 
other documentation.
    (b) Fish for, take, or retain any Hawaii coral reef ecosystem MUS 
species:
    (1) That is determined overfished with subsequent rulemaking by the 
Regional Administrator.
    (2) By means of gear or methods prohibited under Sec. 665.227.
    (3) In a low-use MPA without a valid special permit.
    (4) In violation of any permit issued under Sec. Sec. 665.13 or 
665.224.
    (c) Fish for, take, or retain any wild live rock or live hard coral 
except under a valid special permit for scientific research, aquaculture 
seed stock collection or traditional and ceremonial purposes by 
indigenous people.



Sec. 665.226  Notifications.

    Any special permit holder subject to the requirements of this 
subpart must contact the appropriate NMFS enforcement agent in American 
Samoa, Guam, or Hawaii at least 24 hours before landing any Hawaii coral 
reef ecosystem MUS unit species harvested under a special permit, and 
report the port and the approximate date and time at which the catch 
will be landed.



Sec. 665.227  Allowable gear and gear restrictions.

    (a) Hawaii coral reef ecosystem MUS may be taken only with the 
following allowable gear and methods:
    (1) Hand harvest;
    (2) Spear;
    (3) Slurp gun;
    (4) Hand net/dip net;
    (5) Hoop net for Kona crab;
    (6) Throw net;
    (7) Barrier net;
    (8) Surround/purse net that is attended at all times;
    (9) Hook-and-line (includes handline (powered or not), rod-and-reel, 
and trolling);
    (10) Crab and fish traps with vessel ID number affixed; and
    (11) Remote-operating vehicles/submersibles.
    (b) Hawaii coral reef ecosystem MUS may not be taken by means of 
poisons, explosives, or intoxicating substances. Possession or use of 
these materials by any permit holder under this subpart who is 
established to be fishing for Hawaii coral reef ecosystem MUS in the 
Hawaii management area is prohibited.
    (c) Existing FEP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (d) Any person who intends to fish with new gear not included in 
this section must describe the new gear and its method of deployment in 
the special permit application. A decision on the permissibility of this 
gear type will be made by the Regional Administrator after consultation 
with the Council and the director of the affected state fishery 
management agency.



Sec. 665.228  Gear identification.

    (a) The vessel number must be affixed to all fish and crab traps on 
board the vessel or deployed in the water by any vessel or person 
holding a permit under Sec. Sec. 665.13 or 665.224 or that is otherwise 
established to be fishing for Hawaii coral reef ecosystem MUS in the 
Hawaii management area.
    (b) Enforcement action. (1) Traps not marked in compliance with 
paragraph (a) of this section and found deployed in the Hawaii coral 
reef ecosystem management area will be considered unclaimed or abandoned 
property, and may be disposed of in any manner considered appropriate by 
NMFS or an authorized officer.
    (2) Unattended surround nets or bait seine nets found deployed in 
the Hawaii coral reef ecosystem management area

[[Page 440]]

will be considered unclaimed or abandoned property, and may be disposed 
of in any manner considered appropriate by NMFS or an authorized 
officer.



Sec. Sec. 665.229-665.239  [Reserved]



Sec. 665.240  Hawaii crustacean fisheries. [Reserved]



Sec. 665.241  Definitions.

    As used in Sec. Sec. 665.240 through 665.259:
    Hawaii crustacean management area is divided into the following 
areas:
    (1) Crustacean Permit Area 1 (Permit Area 1) means the EEZ around 
the NWHI.
    (2) Crustacean Permit Area 2 (Permit Area 2) means the EEZ around 
the MHI.
    (3) Crustacean Permit Area 1 VMS Subarea means an area within the 
EEZ around the NWHI 50 nm from the center geographical positions of the 
islands and reefs in the NWHI as follows:

------------------------------------------------------------------------
                Name                       N. lat.          W. long.
------------------------------------------------------------------------
Nihoa Island........................  23[deg]05[min]    161[deg]55[min]
Necker Island.......................  23[deg]35[min]    164[deg]40[min]
French Frigate Shoals...............  23[deg]45[min]    166[deg]15[min]
Gardner Pinnacles...................  25[deg]00[min]    168[deg]00[min]
Maro Reef...........................  25[deg]25[min]    170[deg]35[min]
Laysan Island.......................  25[deg]45[min]    171[deg]45[min]
Lisianski Island....................  26[deg]00[min]    173[deg]55[min]
Pearl and Hermes Reef...............  27[deg]50[min]    175[deg]50[min]
Midway Island.......................  28[deg]14[min]    177[deg]22[min]
Kure Island.........................  28[deg]25[min]    178[deg]20[min]
------------------------------------------------------------------------
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..
------------------------------------------------------------------------

    Hawaii crustacean management unit species (Hawaii crustacean MUS) 
means the following crustaceans:

------------------------------------------------------------------------
                                    English  common
           Local name                    name           Scientific name
------------------------------------------------------------------------
Ula.............................  spiny lobster.....  Panulirus
                                                       marginatus,
                                                       Panulirus
                                                       penicillatus.
ula papapa......................  slipper lobster...  Scyllaridae.
papa`i kua loa..................  Kona crab.........  Ranina ranina.
                                  deepwater shrimp..  Heterocarpus spp.
------------------------------------------------------------------------

    Interested parties means the State of Hawaii Department of Land and 
Natural Resources, the Council, holders of permits issued under Sec. 
665.242, and any person who has notified the Regional Administrator of 
his or her interest in the procedures and decisions described in Sec. 
665.248, and who has specifically requested to be considered an 
``interested party.''
    Lobster grounds refers, singularly or collectively, to the following 
four areas in Crustacean 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 Crustacean 
Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro 
Reef Lobster Grounds.



Sec. 665.242  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.
    (2) The owner of any vessel used to fish for lobster in Permit Area 
2 must have a permit issued for such a vessel.
    (3) The owner of any vessel used to fish for deepwater shrimp in 
Crustacean Permit Areas 1 or 2 must have a permit issued for that 
vessel.
    (4) Harvest of Hawaii crustacean MUS within the Northwestern 
Hawaiian Islands Marine National Monument is subject to the requirements 
of 50 CFR part 404.
    (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. 665.13.
    (c) Application. An application for a permit required under this 
section will

[[Page 441]]

be submitted to PIRO as described in Sec. 665.13. 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 PIRO and contain the names and mailing 
addresses of all partners or shareholders and their respective 
percentage of ownership in the partnership or corporation.
    (d) Lobster Limited Access Permit Requirements. (1) A lobster 
limited access permit is valid for fishing only in Crustacean Permit 
Area 1.
    (2) Only one permit will be assigned to any 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 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, PIRO 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. 665.13. The transferred permit is not valid until 
this process is completed.
    (f) Replacement of a vessel covered by a limited access permit. A 
limited access permit issued under this section may, without limitation 
as to frequency, be transferred by the permit holder to a replacement 
vessel owned by that person.
    (g) Issuance of limited access permits to future applicants. (1) The 
Regional Administrator may issue limited access permits under this 
section when fewer than 15 vessel owners hold active permits.
    (2) When the Regional Administrator 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 Administrator 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 Administrator 
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.

[[Page 442]]

    (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. 665.243  Prohibitions.

    In addition to the general prohibitions specified in 50 CFR 
Sec. Sec. 600.725 and 665.15, 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. 665.242.
    (ii) By methods other than lobster traps or by hand for lobsters, as 
specified in Sec. 665.245.
    (iii) From closed areas for lobsters, as specified in Sec. 665.251.
    (iv) During a closed season, as specified in Sec. 665.250.
    (v) After the closure date, as specified in Sec. 665.252, 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. 665.252(b).
    (2) Fail to report before landing or offloading as specified in 
Sec. 665.244.
    (3) Fail to comply with any protective measures implemented under 
Sec. 665.248.
    (4) Leave a trap unattended in the Hawaii crustacean management area 
except as provided in Sec. 665.245.
    (5) Maintain on board the vessel or in the water more than 1,200 
traps per fishing vessel, of which no more than 1,100 can be assembled 
traps, as specified in Sec. 665.245.
    (6) Land lobsters taken in Permit Area 1 after the closure date, as 
specified in Sec. 665.252, 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 Administrator for inspection and 
copying any records that must be made available in accordance with Sec. 
665.14(g)(2).
    (8) Possess on a fishing vessel that has a limited access permit 
issued under Sec. 665.242 any lobster trap in Crustacean Permit Area 1 
when fishing for lobster is prohibited as specified in Sec. Sec. 
665.248, 665.250(a), or 665.252, or except as allowed under Sec. 
665.245(a)(7).
    (9) Possess on a fishing vessel that has a limited access permit 
issued under this subpart any lobster trap in Crustacean Permit Area 1 
VMS Subarea when fishing for lobsters is prohibited as specified in 
Sec. Sec. 665.248, 665.250(a), or 665.252, except as allowed under 
Sec. 665.245(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. 665.252(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. 665.245; or
    (ii) During a closed season, as specified in Sec. 665.250(b).
    (2) Retain or possess on a fishing vessel any lobster taken in 
Permit Area 2

[[Page 443]]

that is less than the minimum size specified in Sec. 665.249.
    (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. 665.249.
    (4) Retain or possess on a fishing vessel, or remove the eggs from, 
any egg-bearing lobster, as specified in Sec. 665.249.
    (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 MHI is prohibited during the months of May, June, 
July, and August.
    (c) In Crustacean Permit Areas 1 and 2, it is unlawful for any 
person to fish for, take, or retain deepwater shrimp without a permit 
issued under Sec. 665.242.



Sec. 665.244  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 paragraph (a) of 
this section at least 30 days prior to the opening of the fishing 
season.



Sec. 665.245  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 SAC 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 NMFS may enter 
Crustacean Permit Area 1 with lobster traps on board on or after June 
25, but must remain outside the Crustacean 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 Crustacean Permit Area 1, including Crustacean 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. 665.252, 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.

[[Page 444]]

    (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.



Sec. 665.246  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. 665.247  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec. 665.240 though 665.252 and 
subpart A of this part must carry an observer when requested to do so by 
the Regional Administrator.



Sec. 665.248  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:
    (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

[[Page 445]]

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 Administrator 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 Hawaii FEP 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 Assistant Administrator will notify the interested 
parties of this preliminary decision and the facts upon which it is 
based. The Assistant Administrator will request advice on the proposed 
repeal of the protective measures.
    (2) The Assistant Administrator will consider all relevant 
information obtained by the Regional 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.
    (k) Monk seal emergency protective measures--(1) Determination of 
emergency. If, at any time during the process described in paragraphs 
(a) through (j) of this section, 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--
    (i) Notify the interested parties of this determination and request 
their immediate advice and comments.
    (ii) Forward a recommendation for emergency action and any advice 
and comments received from interested parties to the Assistant 
Administrator.
    (2) Implementation of emergency measures. If the Assistant 
Administrator agrees with the recommendation for emergency action--
    (i) The Regional Administrator will determine the appropriate 
emergency protective measures.
    (ii) NMFS will publish the emergency protective measures in the 
Federal Register.
    (iii) 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.
    (3) Effective dates. (i) Emergency protective measures are effective 
against a permit holder at 12:01 a.m., local time, of the day following 
the day the

[[Page 446]]

permit holder receives actual notice of the measures.
    (ii) Emergency protective measures are effective for 10 days from 
the day following the day the first permit holder is notified of the 
protective measures.
    (iii) Emergency protective measures may be extended for an 
additional 10 days, if necessary, to allow the completion of the 
procedures set out in Sec. 665.252.



Sec. 665.249  Lobster size and condition restrictions in Permit Area 2.

    (a) Only spiny lobsters with a carapace length of 8.26 cm or greater 
may be retained (see Figure 1 to this part).
    (b) Any lobster with a punctured or mutilated body, or a separated 
carapace and tail, may not be retained.
    (c) A female lobster of any size may not be retained if it is 
carrying eggs externally. Eggs may not be removed from female lobsters.



Sec. 665.250  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.



Sec. 665.251  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. 665.252  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 FEP 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. 
665.245(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 overall harvest guideline for 
Crustacean 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 Crustacean 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

[[Page 447]]

shall notify permit holders of the reporting method, schedule, and 
logistics at least 30 days prior to the opening of the fishing season.



Sec. Sec. 665.253-665.259  [Reserved]



Sec. 665.260  Hawaii precious coral fisheries. [Reserved]



Sec. 665.261  Definitions.

    As used in Sec. Sec. 665.260 through 665.270:
    Hawaii precious coral management unit species (Hawaii precious coral 
MUS) means any coral of the genus Corallium in addition to the following 
species of corals:

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

    Hawaii precious coral permit area means the area encompassing the 
precious coral beds within the EEZ around Hawaii. Each bed is designated 
by a permit area code and assigned to one of the following four 
categories:
    (1) Established beds. (i) Makapu'u (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.
    (ii) Au'au Channel (Maui), Permit Area E-B-2, includes the area west 
and south of a point at 21[deg]10[min] N. lat., 156[deg]40[min] W. 
long., and east of a point at 21[deg] N. lat., 157[deg] W. long., and 
west and north of a point at 20[deg]45[min] N. lat., 156[deg]40[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. 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.



Sec. 665.262  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining Hawaii precious coral MUS in any Hawaiian Archipelago precious 
coral permit area must have a permit issued under Sec. 665.13.
    (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. 665.261.
    (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 coral fishery 
issued under Sec. 665.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious coral fishery are 
contained in Sec. 665.13.



Sec. 665.263  Prohibitions.

    In addition to the general prohibitions specified in 50 CFR 600.725 
and in 665.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land 
precious coral in

[[Page 448]]

any Hawaii precious coral permit area, unless a permit has been issued 
for that vessel and area as specified in Sec. 665.13 and that permit is 
on board the vessel.
    (b) Fish for, take, or retain any species of Hawaii precious coral 
MUS in any precious coral permit area:
    (1) By means of gear or methods prohibited by Sec. 665.264.
    (2) In refugia specified in Sec. 665.261.
    (3) In a bed for which the quota specified in Sec. 665.269 has been 
attained.
    (4) In violation of any permit issued under Sec. Sec. 665.13 or 
665.17.
    (5) In a bed that has been closed pursuant to Sec. Sec. 665.268 or 
665.270.
    (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec. 665.265 unless:
    (1) A valid EFP was issued under Sec. 665.17 for the vessel and the 
vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.



Sec. 665.264  Gear restrictions.

    Only selective gear may be used to harvest coral from any precious 
coral permit area.



Sec. 665.265  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. 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).



Sec. 665.266  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. 665.267  Seasons.

    The fishing year for precious coral begins on July 1 and ends on 
June 30 the following year, except at the Makapu'u and Au'au Channel 
Beds, which have a two-year fishing period that begins July 1 and ends 
June 30, two years later.



Sec. 665.268  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 Makapu'u Bed or Au'au Channel 
Bed, NMFS shall publish a notice to that effect in the Federal Register 
and shall use other means to notify permit holders. Any such notice 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. 665.269  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 Sec. 665.269(d). 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 area X-
P-H 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 the Hawaii 
exploratory areas will equal the quota minus the estimated domestic 
annual harvest for that year.

[[Page 449]]

    (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 the year that just ended 
on December 31.
    (3) NMFS will release to TALFF an amount of Hawaii 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-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.
    (d) Quotas for precious coral permit areas.

----------------------------------------------------------------------------------------------------------------
                                                                                                     Number of
            Type of coral bed                  Name of coral bed      Harvest quota in kilograms       years
----------------------------------------------------------------------------------------------------------------
Established Beds........................  Au'au Channel.............  Black: 5,000..............               2
                                          Makapu'u..................  Pink: 2,000...............               2
                                                                      Gold: 0 (zero)............
                                                                      Bamboo: 500...............               2
Conditional Beds........................  180 Fathom Bank...........  Pink: 222.................               1
                                                                      Gold: 67..................               1
                                                                      Bamboo: 56................               1
                                          Brooks Bank...............  Pink: 444.................               1
                                                                      Gold: 133.................               1
                                                                      Bamboo: 111...............               1
                                          Kaena Point...............  Pink: 67..................               1
                                                                      Gold: 20..................               1
                                                                      Bamboo: 17................               1
                                          Keahole Point.............  Pink: 67..................               1
                                                                      Gold: 20..................               1
                                                                      Bamboo: 17................               1
Refugia.................................  Westpac...................  All: 0 (zero).............  ..............
Exploratory Area........................  Hawaii....................  1,000 per area (all                      1
                                                                       species combined except
                                                                       black corals).
----------------------------------------------------------------------------------------------------------------
Notes:
1. No fishing for coral is authorized in refugia.
2. A moratorium on gold coral harvesting is in effect through June 30, 2013.



Sec. 665.270  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2013.



                 Subpart D_Mariana Archipelago Fisheries



Sec. 665.398  Management area.

    The Mariana fishery management area is the EEZ seaward of Guam and 
CNMI with the inner boundary a line coterminous with the seaward 
boundaries of Guam and CNMI and the outer boundary 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.



Sec. 665.399  Area restrictions.

    Anchoring by all fishing vessels over 50 ft (15.25 m) LOA is 
prohibited in the U.S. EEZ seaward of Guam west of 144[deg]30[min] E. 
long. except in the event of an emergency caused by ocean conditions or 
by a vessel malfunction that can be documented.



Sec. 665.400  Mariana bottomfish fisheries. [Reserved]



Sec. 665.401  Definitions.

    As used in Sec. Sec. 665.400 through 665.419:
    CNMI commercial bottomfish permit means the permit required by Sec. 
665.404(a)(2) to engage in commercial fishing for Mariana bottomfish MUS 
in the CNMI management subarea.
    Guam bottomfish permit means the permit required by Sec. 
665.404(a)(1) to use a large vessel to fish for, land, or transship 
Mariana bottomfish MUS shoreward of the outer boundary of the

[[Page 450]]

Guam subarea of the Mariana fishery management area.
    Mariana bottomfish management unit species (Mariana bottomfish MUS) 
means the following fish:

------------------------------------------------------------------------
    Local name Chamorro/
         Carolinian            English common name     Scientific name
------------------------------------------------------------------------
Lehi/maroobw................  red snapper,          Aphareus rutilans.
                               silvermouth.
Gogunafon/aiwe..............  gray snapper,         Aprion virescens.
                               jobfish.
Tarakitu/etam...............  Giant trevally, jack  Caranx ignobilis.
Tarakiton attelong/orong....  Black trevally, jack  Caranx lugubris.
Gadao/meteyil...............  blacktip grouper....  Epinephelus
                                                     fasciatus.
Bueli/bwele.................  lunartail grouper...  Variola louti.
Buninas agaga'/falaghal       red snapper.........  Etelis carbunculus.
 moroobw.
Abuninas/taighulupegh.......  red snapper.........  Etelis coruscans.
Mafuti/atigh................  redgill emperor.....  Lethrinus
                                                     rubrioperculatus.
Mafuti/loot.................  Ambon emperor.......  Lethrinus
                                                     amboinensis.
Funai/saas..................  blueline snapper....  Lutjanus kasmira.
Buninas/falaghal-maroobw....  yellowtail snapper..  Pristipomoides
                                                     auricilla.
Buninas or pakapaka/falaghal- pink snapper........  Pristipomoides
 maroobw.                                            filamentosus.
Buninas/falaghal-maroobw....  yelloweye snapper...  Pristipomoides
                                                     flavipinnis.
                              pink snapper........  Pristipomoides
                                                     seiboldii.
Buninas rayao amariyu/        snapper.............  Pristipomoides
 falaghal-maroobw.                                   zonatus.
Tarakiton tadong/Meseyugh...  amberjack...........  Seriola dumerili.
------------------------------------------------------------------------



Sec. 665.402  Management subareas.

    The Mariana fishery management area is divided into bottomfish 
management subareas with the following designations and boundaries:
    (a) Guam Management Subarea means the EEZ seaward of the Territory 
of Guam, with the inner boundary defined as a line coterminous with the 
seaward boundary of the Territory of Guam.
    (b) CNMI Management Subarea means the EEZ seaward of the CNMI. The 
CNMI Management Subarea is further divided into subareas with the 
following designations and boundaries:
    (1) CNMI Inshore Area means that portion of the EEZ within 3 
nautical miles from the shoreline of the CNMI.
    (2) CNMI Offshore Area means that portion of the EEZ seaward of 3 
nautical miles from the shoreline of the CNMI.
    (c) The outer boundary of each 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, except that 
the outer boundary of the CNMI Inshore Area is 3 nautical miles from the 
shoreline. The boundary between the fishery management areas of Guam and 
CNMI extends to those points which are equidistant between Guam and the 
island of Rota in the CNMI. CNMI and Guam management subareas are 
divided by a line intersecting these two points: 148[deg] E. long., 
12[deg] N. lat., and 142[deg] E. long., 16[deg] N. lat.



Sec. 665.403  Bottomfish fishery area management.

    (a) Guam large vessel bottomfish prohibited area (Area GU-1). A 
large vessel of the United States, as defined in Sec. 665.12, may not 
be used to fish for Mariana bottomfish MUS in the Guam large vessel 
bottomfish prohibited area, defined as the U.S. EEZ waters surrounding 
Guam that are enclosed by straight lines connecting the following 
coordinates in the order listed:

------------------------------------------------------------------------
              Point                     N. lat.            E. long.
------------------------------------------------------------------------
GU-1-A..........................  14[deg]16[min]      144[deg]17[min]
GU-1-B..........................  13[deg]50[min]      143[deg]52[min]
GU-1-C..........................  13[deg]17[min]      143[deg]46[min]
GU-1-D..........................  12[deg]50[min]      143[deg]54[min]
GU-1-E..........................  12[deg]30[min]      144[deg]14[min]
GU-1-F..........................  12[deg]25[min]      144[deg]51[min]
GU-1-G..........................  12[deg]57[min]      145[deg]33[min]
GU-1-H..........................  13[deg]12[min]      145[deg]43[min]
GU-1-I..........................  13[deg]29[min]44[s  145[deg]48[min]27[
                                   ec]                 sec]
GU-1-A..........................  14[deg]16[min]      144[deg]17[min]
------------------------------------------------------------------------

    (b) CNMI medium and large vessel bottomfish prohibited areas. A 
medium or large vessel of the United States, as defined in Sec. 665.12, 
may not be used to fish commercially for Mariana bottomfish MUS in the 
following areas:
    (1) CNMI Southern Islands (Area NM-1). The CNMI Southern Islands 
prohibited area is defined as the waters of the U.S. EEZ surrounding 
CNMI that are enclosed by straight lines connecting

[[Page 451]]

the following coordinates in the order listed:

------------------------------------------------------------------------
              Point                     N. lat.            E. long.
------------------------------------------------------------------------
NM-1-A..........................  14[deg]9[min]       144[deg]15[min]
NM-1-B..........................  16[deg]10[min]47[s  145[deg]12[min]
                                   ec]
NM-1-C..........................  16[deg]10[min]47[s  146[deg]53[min]
                                   ec]
NM-1-D..........................  14[deg]48[min]      146[deg]33[min]
NM-1-E..........................  13[deg]27[min]      145[deg]43[min]
NM-1-A..........................  14[deg]9[min]       144[deg]15[min]
------------------------------------------------------------------------

    (2) CNMI Alamagan Island (Area NM-2). The CNMI Alamagan Island 
prohibited area is defined as the waters of the U.S. EEZ surrounding 
CNMI that are enclosed by straight lines connecting the following 
coordinates in the order listed:

------------------------------------------------------------------------
              Point                     N. lat.            E. long.
------------------------------------------------------------------------
NM-2-A..........................  17[deg]26[min]      145[deg]40[min]
NM-2-B..........................  17[deg]46[min]      145[deg]40[min]
NM-2-C..........................  17[deg]46[min]      146[deg]00[min]
NM-2-D..........................  17[deg]26[min]      146[deg]00[min]
NM-2-A..........................  17[deg]26[min]      145[deg]40[min]
------------------------------------------------------------------------



Sec. 665.404  Permits.

    (a) Applicability--(1) Guam large vessel. The owner of any large 
vessel used to fish for, land, or transship Mariana bottomfish MUS 
shoreward of the outer boundary of the Guam subarea must have a permit 
issued under this section, and the permit must be registered for use 
with that vessel.
    (2) Commonwealth of the Northern Mariana Islands (CNMI) commercial. 
The owner of any vessel used to commercially fish for, transship, 
receive, or land Mariana bottomfish MUS shoreward of the outer boundary 
of the CNMI management subarea must have a permit issued under this 
section, and the permit must be registered for use with that vessel.
    (b) Submission. An application for a permit required under this 
section must be submitted to PIRO as described in Sec. 665.13.



Sec. 665.405  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15, it is unlawful for any person to do 
any of the following:
    (a) Fish for Mariana bottomfish MUS using gear prohibited under 
Sec. 665.406.
    (b) Use a large vessel that does not have a valid Guam bottomfish 
permit registered for use with that vessel to fish for, land, or 
transship Mariana bottomfish MUS shoreward of the outer boundary of the 
Guam management subarea of the bottomfish fishery management area in 
violation of Sec. 665.404(a).
    (c) Use a large vessel to fish for Mariana bottomfish MUS within the 
Guam large vessel bottomfish prohibited area, as defined in Sec. 
665.403(a).
    (d) Land or transship, shoreward of the outer boundary of the Guam 
management subarea of the bottomfish fishery management area, Mariana 
bottomfish MUS that were harvested in violation of Sec. 665.405(c).
    (e) Use a vessel to fish commercially for Mariana bottomfish MUS 
shoreward of the outer boundary of the CNMI management subarea without a 
valid CNMI commercial bottomfish permit registered for use with that 
vessel, in violation of Sec. 665.404(a)(2).
    (f) Use a medium or large vessel, as defined in Sec. 665.12, to 
fish for Mariana bottomfish MUS within the CNMI medium and large vessel 
bottomfish prohibited areas, as defined in Sec. 665.403(b).
    (g) Retain, land, possess, sell, or offer for sale, shoreward of the 
outer boundary of the CNMI management subarea, Mariana bottomfish MUS 
that were harvested in violation of Sec. 665.405(f), except that 
Mariana bottomfish MUS that are harvested legally may be transferred to 
a receiving vessel shoreward of the outer boundary of the CNMI medium 
and large vessel bottomfish prohibited area as defined in Sec. 
665.403(b).
    (h) Falsify or fail to make, keep, maintain, or submit a Federal 
logbook as required under Sec. 665.14(b) when using a vessel to engage 
in commercial fishing for Mariana bottomfish MUS shoreward of the outer 
boundary of the CNMI management subarea in violation of Sec. 665.14(b).



Sec. 665.406  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for bottomfish 
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. 665.404 or otherwise 
established to be fishing for bottomfish in the management subareas is 
prohibited.

[[Page 452]]

    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
bottomfish is prohibited.



Sec. 665.407  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec. 665.400 through 665.407 
must carry an observer when directed to do so by the Regional 
Administrator.



Sec. Sec. 665.408-665.419  [Reserved]



Sec. 665.420  Mariana coral reef ecosystem fisheries. [Reserved]



Sec. 665.421  Definitions.

    As used in Sec. Sec. 665.420 through 665.439:
    Mariana coral reef ecosystem management unit species (Mariana coral 
reef ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa 
and Potentially Harvested Coral Reef Taxa listed in this section and 
which spend the majority of their non-pelagic (post-settlement) life 
stages within waters less than or equal to 50 fathoms in total depth.
    Mariana Currently Harvested Coral Reef Taxa:

----------------------------------------------------------------------------------------------------------------
                                        Local name (Chamorro/
             Family name                     Carolinian)          English common name        Scientific name
----------------------------------------------------------------------------------------------------------------
Acanthuridae (Surgeonfishes).........  .......................  orange-spot surgeonfish  Acanthurus olivaceus.
                                       hugupao dangulo/mowagh.  yellowfin surgeonfish..  Acanthurus
                                                                                          xanthopterus.
                                       Kichu/limell...........  convict tang...........  Acanthurus triostegus.
                                                                eye-striped surgeonfish  Acanthurus dussumieri.
                                                                blue-lined surgeon.....  Acanthurus nigroris.
                                                                whitebar surgeonfish...  Acanthurus
                                                                                          leucopareius.
                                                                whitebar surgeonfish...  Acanthurus
                                                                                          leucopareius.
                                       Hiyok/filaang..........  blue-banded surgeonfish  Acanthurus lineatus.
                                                                blackstreak surgeonfish  Acanthurus nigricauda.
                                                                whitecheek surgeonfish.  Acanthurus nigricans.
                                                                white-spotted            Acanthurus guttatus.
                                                                 surgeonfish.
                                                                ringtail surgeonfish...  Acanthurus blochii.
                                                                brown surgeonfish......  Acanthurus nigrofuscus.
                                                                mimic surgeonfish......  Acanthurus pyroferus.
                                                                Yellow tang............  Zebrasoma flavescens.
                                                                striped bristletooth...  Ctenochaetus striatus.
                                                                twospot bristletooth...  Ctenochaetus binotatus.
                                       tataga/igh-falafal.....  bluespine unicornfish..  Naso unicornus.
                                       hangon/bwulaalay.......  orangespine unicornfish  Naso lituratus.
                                                                humpnose unicornfish...  Naso tuberosus.
                                                                black tongue             Naso hexacanthus.
                                                                 unicornfish.
                                                                bignose unicornfish....  Naso vlamingii.
                                                                whitemargin unicornfish  Naso annulatus.
                                                                spotted unicornfish....  Naso brevirostris.
                                                                humpback unicornfish...  Naso brachycentron.
                                                                gray unicornfish.......  Naso caesius.
Balistidae (Triggerfishes)...........  .......................  titan triggerfish......  Balistoides
                                                                                          viridescens.
                                                                clown triggerfish......  Balistoides
                                                                                          conspicillum.
                                                                orange striped           Balistapus undulatus.
                                                                 triggerfish.
                                                                pinktail triggerfish...  Melichthys vidua.
                                                                black triggerfish......  Melichthys niger.
                                                                blue triggerfish.......  Pseudobalistes fuscus.
                                                                Picassofish............  Rhinecanthus aculeatus.
                                                                wedged Picassofish.....  Balistoides
                                                                                          rectangulus.
                                                                bridled triggerfish....  Sufflamen fraenatus.
Carangidae (Jacks)...................  atulai/peti............  Bigeye scad............  Selar crumenophthalmus.
                                                                mackerel scad..........  Decapterus macarellus.
Carcharhinidae (Sharks)..............                           grey reef shark........  Carcharhinus
                                                                                          amblyrhynchos.
                                                                silvertip shark........  Carcharhinus
                                                                                          albimarginatus.
                                                                Galapagos shark........  Carcharhinus
                                                                                          galapagensis.
                                                                blacktip reef shark....  Carcharhinus
                                                                                          melanopterus.
                                                                whitetip reef shark....  Triaenodon obesus.
Holocentridae (Solderfish/             saksak/mweel...........  bigscale soldierfish...  Myripristis berndti.
 Squirrelfish.
                                       sagamelon..............  bronze soldierfish.....  Myripristis adusta.
                                       sagamelon..............  blotcheye soldierfish..  Myripristis murdjan.
                                       sagamelon..............  brick soldierfish......  Myripristis amaena.
                                       sagamelon..............  scarlet soldierfish....  Myripristis pralinia.
                                       sagamelon..............  violet soldierfish.....  Myripristis violacea.

[[Page 453]]

 
                                       sagamelon..............  whitetip soldierfish...  Myripristis vittata.
                                       sagamelon..............  yellowfin soldierfish..  Myripristis chryseres.
                                       sagamelon..............  pearly soldierfish.....  Myripristis kuntee.
                                       sagamelon..............  tailspot squirrelfish..  Sargocentron
                                                                                          caudimaculatum.
                                                                file-lined squirrelfish  Sargocentron
                                                                                          microstoma.
                                       chalak.................  crown squirrelfish.....  Sargocentron diadema.
                                       sagsag/leet............  blue-lined squirrelfish  Sargocentron tiere.
                                       sisiok.................  saber or long jaw        Sargocentron
                                                                 squirrelfish.            spiniferum.
                                       sagsag/leet............  spotfin squirrelfish...  Neoniphon spp.
Kuhliidae (Flagtails)................  .......................  barred flag-tail.......  Kuhlia mugil.
Kyphosidae (Rudderfish)..............  Guili..................  rudderfish.............  Kyphosus biggibus.
                                       Guili/schpwul..........  rudderfish.............  Kyphosus cinerascens.
                                       guilen puengi/reel.....  rudderfish.............  Kyphosus vaigienses.
Labridae (Wrasses)...................  tangison/maam..........  floral wrasse..........  Cheilinus chlorourus.
                                       tangison/maam..........  napoleon wrasse........  Cheilinus undulatus.
                                       lalacha mamate/Porou...  triple-tail wrasse.....  Cheilinus trilobatus.
                                                                harlequin tuskfish, red- Cheilinus fasciatus.
                                                                 breasted wrasse.
                                                                ring-tailed wrasse.....  Oxycheilinus
                                                                                          unifasciatus.
                                                                razor wrasse...........  Xyrichtys pavo.
                                                                whitepatch wrasse......  Xyrichtys aneitensis.
                                                                cigar wrasse...........  Cheilio inermis.
                                                                blackeye thicklip......  Hemigymnus melapterus.
                                                                barred thicklip........  Hemigymnus fasciatus.
                                                                three-spot wrasse......  Halichoeres
                                                                                          trimaculatus.
                                                                checkerboard wrasse....  Halichoeres hortulanus.
                                                                weedy surge wrasse.....  Halichoeres
                                                                                          margaritacous.
                                                                three-spot wrasse......  Halichoeres
                                                                                          trimaculatus.
                                                                surge wrasse...........  Thalassoma purpureum.
                                                                red ribbon wrasse......  Thalassoma
                                                                                          quinquevittatum.
                                                                sunset wrasse..........  Thalassoma lutescens.
                                                                longface wrasse........  Hologynmosus doliatus.
                                                                rockmover wrasse.......  Novaculichthys
                                                                                          taeniourus.
Mullidae (Goatfishes)................  .......................  yellow goatfish........  Mulloidichthys spp.
                                       satmoneti/wichigh......  yellowfin goatfish.....  Mulloidichthys
                                                                                          vanicolensis.
                                       satmoneti (adult) ti'ao  yellowstripe goatfish..  Mulloidichthys
                                        (juvenile).                                       flaviolineatus.
                                                                banded goatfish........  Parupeneus spp.
                                       satmonetiyo/failighi...  dash-dot goatfish......  Parupeneus barberinus.
                                       satmoneti acho/          doublebar goatfish.....  Parupeneus bifasciatus.
                                        sungoongo.
                                                                redspot goatfish.......  Parupeneus
                                                                                          heptacanthus.
                                       satmoneti (adult) ti'ao  white-lined goatfish...  Parupeneus ciliatus.
                                        (juvenile).
                                       satmoneti (adult) ti'ao  yellowsaddle goatfish..  Parupeneus cyclostomas.
                                        (juvenile).
                                       satmoneti (adult) ti'ao  side-spot goatfish.....  Parupeneus
                                        (juvenile).                                       pleurostigma.
                                       satmoneti (adult) ti'ao  multi-barred goatfish..  Parupeneus
                                        (juvenile).                                       multifaciatus.
                                                                band tail goatfish.....  Upeneus arge.
Mugilidae (Mullets)..................  laiguan (adult) Agues    striped mullet.........  Mugil cephalus.
                                        (juvenile).
                                       laiguan (adult) Agues    Engel's mullet.........  Moolgarda engeli.
                                        (juvenile).
                                       laiguan (adult) Agues    fringelip mullet.......  Crenimugil crenilabis.
                                        (juvenile).
Muraenidae (Moray eels)..............  .......................  yellowmargin moray eel.  Gymnothorax
                                                                                          flavimarginatus.
                                                                giant moray eel........  Gymnothorax javanicus.
                                                                undulated moray eel....  Gymnothorax undulatus.
Octopodidae (Octopus)................  gamsun.................  octopus................  Octopus cyanea.
                                       gamsun.................  octopus................  Octopus ornatus.
Polynemidae..........................  .......................  threadfin..............  Polydactylus sexfilis.
Pricanthidae (Bigeye)................  .......................  glasseye...............  Heteropriacanthus
                                                                                          cruentatus.
                                                                Bigeye.................  Priacanthus hamrur.
Scaridae (Parrotfishes)..............  atuhong/roow...........  humphead parrotfish....  Bolbometopon muricatum.
                                       palakse (sm.) laggua     parrotfish.............  Scarus spp.
                                        (lg.).
                                       gualafi/oscha..........  Pacific longnose         Hipposcarus longiceps.
                                                                 parrotfish.
                                       palaksin chaguan.......  stareye parrotfish.....  Calotomus carolinus.
Scombridae...........................  White tuna/ayul........  dogtooth tuna..........  Gymnosarda unicolor.
Siganidae (Rabbitfish)...............  hiting/manahok/llegh...  forktail rabbitfish....  Siganus aregentus.
                                       hiting.................  golden rabbitfish......  Siganus guttatus.
                                       hiting galagu..........  gold-spot rabbitfish...  Siganus punctatissimus.

[[Page 454]]

 
                                                                Randall's rabbitfish...  Siganus randalli.
                                       hiting/sesyon/palawa...  scribbled rabbitfish...  Siganus spinus.
                                       hiting.................  vermiculate rabbitfish.  Siganus vermiculatus.
Sphyraenidae (Barracuda).............  .......................  Heller's barracuda.....  Sphyraena helleri.
                                                                great barracuda........  Sphyraena barracuda.
Turbinidae (turban/green snails).....  aliling pulan/aliling    green snails...........  Turbo spp.
                                        tulompu.
                                                                turban shells.           .......................
----------------------------------------------------------------------------------------------------------------

    Mariana Potentially Harvested Coral Reef Taxa:

------------------------------------------------------------------------
          English common name                    Scientific name
------------------------------------------------------------------------
Wrasses (Those species not listed as     Labridae.
 Currently Harvested Coral Reef Taxa or
 CHCRT).
Sharks.................................  Carcharhinidae, Sphyrnidae.
Rays and skates........................  Dasyatididae, Myliobatidae.
Groupers (Those species not listed as    Serrandiae.
 CHCRT or Bottomfish Management Unit
 Species or BMUS).
Jacks and Scads (Those species not       Carangidae.
 listed as CHCRT or BMUS).
Solderfishes and Squirrelfishes (Those   Holocentridae.
 species not listed as CHCRT).
Goatfishes (Those species not listed as  Mullidae.
 CHCRT).
Surgeonfishes (Those species not listed  Acanthuridae.
 as CHCRT).
Batfishes..............................  Ephippidae.
Monos..................................  Monodactylidae.
Sweetlips..............................  Haemulidae.
Remoras................................  Echeneidae.
Tilefishes.............................  Malacanthidae.
Emperors (Those species not listed as    Lethrinidae.
 CHCRT).
Dottybacks.............................  Pseudochromidae.
Prettyfins.............................  Plesiopidae.
Eels (Those species not listed as        Muraenidae,
 CHCRT).                                 Chlopsidae,
                                         Congridae,
                                         Ophichthidae.
Cardinalfishes.........................  Apogonidae.
Moorish Idols..........................  Zanclidae.
Trumpetfish............................  Aulostomus chinensis.
Cornetfish.............................  Fistularia commersoni.
Butterfly fishes.......................  Chaetodontidae.
Angelfishes............................  Pomacanthidae.
Damselfishes...........................  Pomacentridae.
Scorpionfishes.........................  Scorpaenidae.
Coral crouchers........................  Caracanthidae.
Flashlightfishes.......................  Anomalopidae.
Herrings...............................  Clupeidae.
Anchovies..............................  Engraulidae.
Gobies.................................  Gobiidae.
Blennies...............................  Blenniidae.
Barracudas (Those species not listed as  Sphyraenidae.
 CHCRT).
Snappers (Those species not listed as    Lutjanidae.
 CHCRT or BMUS).
Trigger fishes (Those species not        Balistidae.
 listed as CHCRT).
Rabbitfishes (Those species not listed   Siganidae.
 as CHCRT).
Sandperches............................  Pinguipedidae.
Dog tooth tuna.........................  Gymnosarda unicolor.
Rudderfishes (Those species not listed   Kyphosidae.
 as CHCRT).
Flounders, Soles.......................  Bothidae.
                                         Soleidae.
Trunkfishes............................  Ostraciidae.
Fusiliers..............................  Caesionidae.
Hawkfishes.............................  Cirrhitidae.
Frogfishes.............................  Antennariidae.
Pipefishes, Seahorses..................  Syngnathidae.
Puffer fishes, Porcupine fishes........  Tetradontidae.
Blue corals............................  Heliopora.
Organpipe corals.......................  Tubipora.
Ahermatypic corals.....................  Azooxanthellates.

[[Page 455]]

 
Sea cucumbers, Sea urchins (Those        Echinoderms.
 species not listed as CHCRT).           Mollusca.
Sea snails.............................  Gastropoda.
Turban shells..........................  Trochus spp.
Sea slugs..............................  Opistobranchs.
Black lipped pearl oyster..............  Pinctada margaritifera.
Giant clam.............................  Tridacnidae.
Other Clams............................  Other Bivalves.
Mushroom corals........................  Fungiidae.
Small and large coral polyps...........
Fire corals............................  Millepora.
Soft corals, Gorgonians................
Anemones...............................  Actinaria.
Soft zoanthid corals...................  Zoanthinaria.
                                         Hydrozoans, Bryzoans.
Sea squirts............................  Tunicates.
Sponges................................  Porifera.
                                         Cephalopods.
Lobsters, Shrimps/Mantis shrimps, true   Crustacea.
 crabs and hermit crabs (Those species
 not listed as CMUS).
Lace corals............................  Stylasteridae.
Hydroid corals.........................  Solanderidae.
Seaweed................................  Algae.
Segmented worms........................  Annelids.
Live rock.
------------------------------------------------------------------------
All other Mariana coral reef ecosystem MUS that are marine plants,
 invertebrates, and fishes that are not listed in the Mariana CHCRT
 table or are not Mariana bottomfish, crustacean, precious coral or
 western Pacific pelagic MUS.
------------------------------------------------------------------------



Sec. 665.422  Management area.

    The Mariana coral reef management area consists of the U.S. EEZ 
around Guam and the offshore area of the CNMI or that portion of the 
U.S. EEZ around CNMI between three nautical miles offshore and the outer 
boundary of the U.S. EEZ. The inner boundary of the management area is 
the seaward boundaries of the Territory of Guam, and a line three 
nautical miles seaward from the shoreline of CNMI. The outer boundary of 
the management area is the outer boundary of the U.S. EEZ or adjacent 
international maritime boundaries. The CNMI and Guam management area is 
divided by a line intersecting these two points: 148[deg] E. long., 
12[deg] N. lat., and 142[deg] E. long., 16[deg] N. lat.



Sec. 665.423  Relation to other laws.

    To ensure consistency between the management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the Mariana coral reef ecosystem management area, 
fishing for Mariana coral reef ecosystem MUS is not allowed within the 
boundary of a National Wildlife Refuge unless specifically authorized by 
the USFWS, regardless of whether that refuge was established by action 
of the President or the Secretary of the Interior.



Sec. 665.424  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, Sec. 
665.13 applies to coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining Mariana coral reef ecosystem MUS must have a special 
permit if they, or a vessel which they operate, is used to fish for any:
    (i) Mariana coral reef ecosystem MUS in low-use MPAs as defined in 
Sec. 665.399;
    (ii) Mariana Potentially Harvested Coral Reef Taxa in the coral reef 
ecosystem management area; or
    (iii) Mariana Coral reef ecosystem MUS in the Mariana coral reef 
ecosystem management area with any gear not specifically allowed in this 
subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the Mariana 
coral reef ecosystem management area to land or transship Mariana PHCRT, 
or any Mariana coral reef ecosystem MUS harvested within low-use MPAs.

[[Page 456]]

    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches Mariana coral reef ecosystem MUS while fishing for 
bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, precious 
coral, or seamount groundfish.
    (ii) Any person fishing for Mariana CHCRT outside of an MPA, who 
does not retain any incidentally caught Mariana PHCRT.
    (iii) Any person collecting marine organisms for scientific research 
as described in Sec. 665.17, or Sec. 600.745 of this chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management area specified on the permit.
    (c) General requirements. General requirements governing application 
information, issuance, fees, expiration, replacement, transfer, 
alteration, display, sanctions, and appeals for permits are contained in 
Sec. 665.13.
    (d) Special permit. The Regional Administrator shall issue a special 
permit in accordance with the criteria and procedures specified in this 
section.
    (1) Application. An applicant for a special or transshipment permit 
issued under this section must complete, and submit to the Regional 
Administrator, a Special Coral Reef Ecosystem Fishing Permit Application 
Form issued by NMFS. Information in the application form must include, 
but is not limited to, a statement describing the objectives of the 
fishing activity for which a special permit is needed, including a 
general description of the expected disposition of the resources 
harvested under the permit (i.e., stored live, fresh, frozen, preserved; 
sold for food, ornamental, research, or other use; and a description of 
the planned fishing operation, including location of fishing and gear 
operation, amount and species (directed and incidental) expected to be 
harvested and estimated habitat and protected species impacts).
    (2) 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 and completed in writing.
    (3) Issuance. (i) If an application contains all of the required 
information, the Regional Administrator will forward copies of the 
application within 30 days to the Council, the USCG, the fishery 
management agency of the affected state, and other interested parties 
who have identified themselves to the Council, and the USFWS.
    (ii) Within 60 days following receipt of a complete application, the 
Regional Administrator will consult with the Council through its 
Executive Director, USFWS, and the Director of the affected state 
fishery management agency concerning the permit application, and will 
receive their recommendations for approval or disapproval of the 
application based on:
    (A) Information provided by the applicant;
    (B) The current domestic annual harvesting and processing capacity 
of the directed and incidental species for which a special permit is 
being requested;
    (C) The current status of resources to be harvested in relation to 
the overfishing definition in the FEP;
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity; and
    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding that 
it is consistent with the goals and objectives of the FEP, the national 
standards, the Endangered Species Act, and other applicable laws, 
approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.

[[Page 457]]

    (iv) If the Regional Administrator does not receive a recommendation 
from the Council within 60 days of Council receipt of the permit 
application, the Regional Administrator can make a determination of 
approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include 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.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to, 
issues related to spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous human 
or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been reached and allocating additional 
permits in the same area would be detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the special 
permit, if it is granted, consistent with the management objectives of 
the FEP, including, but not limited to:
    (A) The maximum amount of each resource that can be harvested and 
landed during the term of the special permit, including trip limits, 
where appropriate.
    (B) The times and places where fishing may be conducted.
    (C) The type, size, and amount of gear which may be used by each 
vessel operated under the special permit.
    (D) Data reporting requirements.
    (E) Such other conditions as may be necessary to ensure compliance 
with the purposes of the special permit consistent with the objectives 
of the FEP.
    (4) Appeals of permit actions.
    (i) Except as provided in subpart D of 15 CFR part 904, any 
applicant for a permit or a permit holder may appeal the granting, 
denial, conditioning, or suspension of their permit or a permit 
affecting their interests to the Regional Administrator. In order to be 
considered by the Regional Administrator, such appeal must be in 
writing, must state the action(s) appealed, and the reasons therefore, 
and must be submitted within 30 days of the original action(s) by the 
Regional Administrator. The appellant may request an informal hearing on 
the appeal.
    (ii) 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. Upon receipt of 
sufficient information, the Regional Administrator will rule on the 
appeal in accordance with the permit eligibility criteria set forth in 
this section and the FEP, as appropriate, based upon information 
relative to the application on file at NMFS and the Council and any 
additional information, the summary record kept of any hearing and the 
hearing officer's recommended decision, if any, and such other 
considerations as deemed appropriate. The Regional Administrator will 
notify all interested persons of the decision, and the reasons 
therefore, in writing, normally within 30 days of the receipt of 
sufficient information, unless additional time is needed for a hearing.
    (iii) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may grant 
an informal

[[Page 458]]

hearing before a hearing officer designated for that purpose after first 
giving notice of the time, place, and subject matter of the hearing in 
the Federal Register. Such a hearing shall normally be held no later 
than 30 days following publication of the notice in the Federal 
Register, unless the hearing officer extends the time for reasons deemed 
equitable. The appellant, the applicant (if different), and, at the 
discretion of the hearing officer, other interested parties, may appear 
personally and/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.
    (iv) 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 hearing officer's recommended decision. The Regional 
Administrator's action constitutes final action for the agency for the 
purposes of the Administrative Procedure Act.
    (5) The Regional Administrator may extend, for good cause, any time 
limit prescribed in this section for a period not to exceed 30 days, 
either upon his or her own motion or upon written request from the 
Council, appellant or applicant stating the reason(s) therefore.



Sec. 665.425  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15 of this part, it is unlawful for any 
person to do any of the following:
    (a) Fish for, take, retain, possess or land any Mariana coral reef 
ecosystem MUS in any low-use MPA as defined in Sec. 665.399 unless:
    (1) A valid permit has been issued for the hand harvester or the 
fishing vessel operator that specifies the applicable area of harvest;
    (2) A permit is not required, as outlined in Sec. 665.424 of this 
part; or
    (3) The Mariana coral reef ecosystem MUS possessed on board the 
vessel originated outside the management area and this can be 
demonstrated through receipts of purchase, invoices, fishing logbooks or 
other documentation.
    (b) Fish for, take, or retain any Mariana coral reef ecosystem MUS 
species:
    (1) That is determined overfished with subsequent rulemaking by the 
Regional Administrator.
    (2) By means of gear or methods prohibited under Sec. 665.427.
    (3) In a low-use MPA without a valid special permit.
    (4) In violation of any permit issued under Sec. Sec. 665.13 or 
665.424.
    (c) Fish for, take, or retain any wild live rock or live hard coral 
except under a valid special permit for scientific research, aquaculture 
seed stock collection or traditional and ceremonial purposes by 
indigenous people.



Sec. 665.426  Notifications.

    Any special permit holder subject to the requirements of this 
subpart must contact the appropriate NMFS enforcement agent in American 
Samoa, Guam, or Hawaii at least 24 hours before landing any Mariana 
coral reef ecosystem MUS unit species harvested under a special permit, 
and report the port and the approximate date and time at which the catch 
will be landed.



Sec. 665.427  Allowable gear and gear restrictions.

    (a) Mariana coral reef ecosystem MUS may be taken only with the 
following allowable gear and methods:
    (1) Hand harvest;
    (2) Spear;
    (3) Slurp gun;
    (4) Hand net/dip net;
    (5) Hoop net for Kona crab;
    (6) Throw net;
    (7) Barrier net;
    (8) Surround/purse net that is attended at all times;
    (9) Hook-and-line (includes handline (powered or not), rod-and-reel, 
and trolling);
    (10) Crab and fish traps with vessel ID number affixed; and
    (11) Remote-operating vehicles/submersibles.

[[Page 459]]

    (b) Mariana coral reef ecosystem MUS may not be taken by means of 
poisons, explosives, or intoxicating substances. Possession or use of 
these materials by any permit holder under this subpart who is 
established to be fishing for Mariana coral reef ecosystem MUS in the 
management area is prohibited.
    (c) Existing FEP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (d) Any person who intends to fish with new gear not included in 
this section must describe the new gear and its method of deployment in 
the special permit application. A decision on the permissibility of this 
gear type will be made by the Regional Administrator after consultation 
with the Council and the director of the affected state fishery 
management agency.



Sec. 665.428  Gear identification.

    (a) The vessel number must be affixed to all fish and crab traps on 
board the vessel or deployed in the water by any vessel or person 
holding a permit under Sec. Sec. 665.13 or 665.424 or that is otherwise 
established to be fishing for Mariana coral reef ecosystem MUS in the 
management area.
    (b) Enforcement action. (1) Traps not marked in compliance with 
paragraph (a) of this section and found deployed in the coral reef 
ecosystem management area will be considered unclaimed or abandoned 
property, and may be disposed of in any manner considered appropriate by 
NMFS or an authorized officer.
    (2) Unattended surround nets or bait seine nets found deployed in 
the coral reef ecosystem management area will be considered unclaimed or 
abandoned property, and may be disposed of in any manner considered 
appropriate by NMFS or an authorized officer.



Sec. Sec. 665.429-665.439  [Reserved]



Sec. 665.440  Mariana crustacean fisheries. [Reserved]



Sec. 665.441  Definitions.

    As used in Sec. Sec. 665.440 through 665.459:
    Crustacean Permit Area 5 (Permit Area 5) means the EEZ around Guam 
and the EEZ seaward of points 3 nautical miles from the shoreline of the 
CNMI.
    Mariana crustacean management unit species means the following 
crustaceans:

------------------------------------------------------------------------
                                    English common
           Local name                    name           Scientific name
------------------------------------------------------------------------
Mahonggang......................  spiny lobster.....  Panulirus
                                                       marginatus,
                                                      Panulirus
                                                       penicillatus.
pa'pangpang.....................  slipper lobster...  Scyllaridae.
                                  Kona crab.........  Ranina ranina.
                                  deepwater shrimp..  Heterocarpus spp.
------------------------------------------------------------------------



Sec. 665.442  Permits.

    (a) Applicability. (1) The owner of any vessel used to fish for 
lobster in Permit Area 3 must have a permit issued for such a vessel.
    (2) The owner of any vessel used to fish for deepwater shrimp in 
Crustacean Permit Area 5 must have a permit issued for that vessel.
    (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. 665.13.
    (c) Application. An application for a permit required under this 
section shall be submitted to PIRO as described in Sec. 665.13. 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 PIRO and contain the names 
and mailing addresses of all partners or shareholders and their 
respective percentage of ownership in the partnership or corporation.



Sec. 665.443  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15, it is unlawful for any person in 
Crustacean Permit Area 5 to fish for, take, or retain deepwater shrimp 
without a permit issued under Sec. 665.442.



Sec. 665.444  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

[[Page 460]]

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. 665.445  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec. 665.440 through 665.445 
and subpart A of this part must carry an observer when requested to do 
so by the Regional Administrator.



Sec. Sec. 665.446-665.459  [Reserved]



Sec. 665.460  Mariana precious coral fisheries. [Reserved]



Sec. 665.461  Definitions.

    Mariana precious coral management unit species means any coral of 
the genus Corallium in addition to the following species of corals:

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

    Mariana precious coral permit area means the area encompassing the 
precious coral beds within the EEZ around the Mariana Archipelago. Each 
bed is designated by a permit area code and assigned to one of the 
following four categories:
    (1) Established beds. [Reserved]
    (2) Conditional beds. [Reserved]
    (3) Refugia. [Reserved]
    (4) Exploratory Area.
    (i) Permit Area X-P-G includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
Guam.
    (ii) Permit Area X-P-CNMI includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
points 3 nautical miles from the shoreline of the CNMI.



Sec. 665.462  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining Mariana precious coral MUS in any Mariana Archipelago precious 
coral permit area must have a permit issued under Sec. 665.13.
    (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. 665.461.
    (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 coral fishery 
issued under Sec. 665.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious coral fishery are 
contained in Sec. 665.13.



Sec. 665.463  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and in Sec. 665.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land 
Mariana precious coral MUS in any Mariana precious coral permit area, 
unless a permit has been issued for that vessel and area as specified in 
Sec. 665.13 and that permit is on board the vessel.

[[Page 461]]

    (b) Fish for, take, or retain any species of Mariana precious coral 
MUS in any Mariana precious coral permit area:
    (1) By means of gear or methods prohibited by Sec. 665.464.
    (2) In refugia specified in Sec. 665.461.
    (3) In a bed for which the quota specified in Sec. 665.467 has been 
attained.
    (4) In violation of any permit issued under Sec. Sec. 665.13 or 
665.17.
    (5) In a bed that has been closed pursuant to Sec. Sec. 665.466 or 
665.469.
    (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec. 665.465 unless: (1) A valid EFP was 
issued under Sec. 665.17 for the vessel and the vessel was operating 
under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.



Sec. 665.464  Gear restrictions.

    Only selective gear may be used to harvest coral from any precious 
coral permit area.



Sec. 665.465  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. 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).



Sec. 665.466  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, 
NMFS shall publish a notice to that effect in the Federal Register and 
shall use other means to notify permit holders. Any such notice 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. 665.467  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 Sec. 665.467(d). 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 
X-P-G and X-P-CNMI 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 the Guam and 
CNMI 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 the year that just ended 
on December 31.
    (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-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.
    (d) The Guam and CNMI exploratory permit areas, X-P-GU and X-P-CNMI, 
each have annual quotas of 1,000 kg for all precious coral MUS combined 
with the exception of black corals.

[[Page 462]]



Sec. 665.468  Seasons.

    The fishing year for precious coral begins on July 1 and ends on 
June 30 the following year.



Sec. 665.469  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2013.



             Subpart E_Pacific Remote Island Area Fisheries



Sec. 665.598  Management area.

    The PRIA fishery management area is the EEZ seaward of Palmyra 
Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, 
Johnston Atoll, and Wake Island, Pacific Remote Island Areas with the 
inner boundary a line coterminous with the seaward boundaries of the 
above atolls, reefs and islands PRIA and the outer boundary 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.



Sec. 665.599  Area restrictions.

    (a) Fishing is prohibited in all no-take MPAs. The following U.S. 
EEZ waters are no-take MPAs: Landward of the 50 fathom (fm) (91.5 m) 
curve at Jarvis, Howland, and Baker Islands, and Kingman Reef; as 
depicted on National Ocean Survey Chart Numbers 83116 and 83153.
    (b) Low-use MPAs. The following U.S. EEZ waters in the Western 
Pacific Region are low-use MPAs: All waters between the shoreline and 
the 50 fm (91.5 m) curve around Johnston Atoll, Palmyra Atoll, and Wake 
Island as depicted on National Ocean Survey Chart Numbers 83637, 83157 
and 81664.



Sec. 665.600  PRIA bottomfish fisheries. [Reserved]



Sec. 665.601  Definitions.

    As used in Sec. Sec. 665.600 through 665.619:
    PRIA bottomfish fishing permit means the permit required by Sec. 
665.603 to use a vessel to fish for PRIA bottomfish MUS in the EEZ 
around the PRIA, or to land bottomfish MUS shoreward of the outer 
boundary of the EEZ around the PRIA, with the exception of EEZ waters 
around Midway Atoll.
    PRIA bottomfish management unit species (PRIA bottomfish MUS) means 
the following fish:

------------------------------------------------------------------------
           English common name                    Scientific name
------------------------------------------------------------------------
Silver jaw jobfish.......................  Aphareus rutilans.
Giant trevally...........................  Caranx ignobilis.
Black jack...............................  Caranx lugubris.
Blacktip grouper.........................  Epinephelus fasciatus.
Sea bass.................................  Epinephelus quernus.
Red snapper..............................  Etelis carbunculus.
Longtail snapper.........................  Etelis coruscans.
Redgill emperor..........................  Lethrinus rubrioperculatus.
Yellowtail snapper.......................  Pristipomoides auricilla.
Pink snapper.............................  Pristipomoides filamentosus.
Pink snapper.............................  Pristipomoides seiboldii.
Lunartail, lyretail grouper..............  Variola louti.
------------------------------------------------------------------------



Sec. 665.602  [Reserved]



Sec. 665.603  Permits.

    (a) Applicability. PRIA. The owner of any vessel used to fish for, 
land, or transship PRIA bottomfish MUS shoreward of the outer boundary 
of the PRIA subarea must have a permit issued under this section, and 
the permit must be registered for use with that vessel.
    (b) Submission. An application for a permit required under this 
section must be submitted to PIRO as described in Sec. 665.13.



Sec. 665.604  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.16, it is unlawful for any person to do 
any of the following:
    (a) Fish for PRIA bottomfish MUS using gear prohibited under Sec. 
665.605.
    (b) Fish for, or retain on board a vessel, PRIA bottomfish MUS in 
the PRIA without the appropriate permit registered for use with that 
vessel issued under Sec. 665.13.
    (c) Falsify or fail to make or file all reports of PRIA bottomfish 
MUS landings taken in the PRIA, containing all data in the exact manner, 
as specified in Sec. 665.14(b).



Sec. 665.605  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for PRIA 
bottomfish

[[Page 463]]

MUS 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. 665.603 or otherwise 
established to be fishing for PRIA bottomfish MUS in the PRIA fishery 
management area is prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
PRIA bottomfish is prohibited.



Sec. 665.606  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec. 665.600 through 665.606 
must carry an observer when directed to do so by the Regional 
Administrator.



Sec. Sec. 665.607-665.619  [Reserved]



Sec. 665.620  PRIA coral reef ecosystem fisheries. [Reserved]



Sec. 665.621  Definitions.

    As used in Sec. Sec. 665.620 through 665.639:
    PRIA coral reef ecosystem management unit species (PRIA coral reef 
ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa and 
Potentially Harvested Coral Reef Taxa listed in this section and which 
spend the majority of their non-pelagic (post-settlement) life stages 
within waters less than or equal to 50 fathoms in total depth.
    PRIA Currently Harvested Coral Reef Taxa:

 
------------------------------------------------------------------------
         Family name           English common name     Scientific name
------------------------------------------------------------------------
 Acanthuridae                 orange-spot.........  Acanthurus
 (Surgeonfishes)                                     olivaceus.
                              surgeonfish.........
                              yellowfin             Acanthurus
                               surgeonfish.          xanthopterus.
                              convict tang........  Acanthurus
                                                     triostegus.
                              eye-striped           Acanthurus
                               surgeonfish.          dussumieri.
                              blue-lined surgeon..  Acanthurus nigroris.
                              Whitebar surgeonfish  Acanthurus
                                                     leucopareius.
                              blue-banded           Acanthurus lineatus.
                               surgeonfish.
                              blackstreak           Acanthurus
                               surgeonfish.          nigricauda.
                              whitecheek            Acanthurus
                               surgeonfish.          nigricans.
                              white-spotted         Acanthurus guttatus.
                               surgeonfish.
                              Ringtail surgeonfish  Acanthurus blochii.
                              brown surgeonfish...  Acanthurus
                                                     nigrofuscus.
                              yellow-eyed           Ctenochaetus
                               surgeonfish.          strigosus.
                              striped bristletooth  Ctenochaetus
                                                     striatus.
                              twospot bristletooth  Ctenochaetus
                                                     binotatus.
                              Yellow tang.........  Zebrasoma
                                                     flavescens.
                              bluespine             Naso unicornus.
                               unicornfish.
                              orangespine           Naso lituratus.
                               unicornfish.
                              black tongue          Naso hexacanthus.
                               unicornfish.
                              bignose unicornfish.  Naso vlamingii.
                              whitemargin           Naso annulatus.
                               unicornfish.
                              spotted unicornfish.  Naso brevirostris.
Labridae (Wrasses)..........  Napoleon wrasse.....  Cheilinus undulatus.
                              Triple-tail wrasse..  Cheilinus
                                                     trilobatus.
                              Floral wrasse.......  Cheilinus
                                                     chlorourus.
                              ring-tailed wrasse..  Oxycheilinus
                                                     unifasciatus.
                              bandcheek wrasse....  Oxycheilinus
                                                     diagrammus.
                              Barred thicklip.....  Hemigymnus
                                                     fasciatus.
                              three-spot wrasse...  Halichoeres
                                                     trimaculatus.
                              red ribbon wrasse...  Thalassoma
                                                     quinquevittatum.
                              Sunset wrasse.......  Thalassoma
                                                     lutescens.
Mullidae (Goatfishes).......  Yellow goatfish.....  Mulloidichthys. spp.
                              Orange goatfish.....  Mulloidichthys
                                                     pfleugeri.
                              yellowstripe          Mulloidichthys
                               goatfish.             flavolineatus.
                              Banded goatfish.....  Parupeneus. spp.
Mullidae (Goatfishes).......  dash-dot goatfish...  Parupeneus
                                                     barberinus.
                              yellowsaddle          Parupeneus
                               goatfish.             cyclostomas.
                              multi-barred          Parupeneus
                               goatfish.             multifaciatus.
                              bantail goatfish....  Upeneus arge.
Mugilidae (Mullets).........  fringelip mullet....  Crenimugil
                                                     crenilabis.
                              engel's mullet......  Moolgarda engeli.
                              false mullet........  Neomyxus leuciscus.
Muraenidae (Moray eels).....  yellowmargin moray    Gymnothorax
                               eel.                  flavimarginatus.
                              giant moray eel.....  Gymnothorax
                                                     javanicus.
                              undulated moray eel.  Gymnothorax
                                                     undulatus.

[[Page 464]]

 
Octopodidae.................  Octopus.............  Octopus cyanea.
                              Octopus.............  Octopus ornatus.
Pricanthidae (Bigeye).......  Glasseye............  Heteropriacanthus
                                                     cruentatus.
Scaridae (Parrotfishes).....  Humphead parrotfish.  Bolbometopon
                                                     muricatum.
                              parrotfish..........  Scarus. spp.
                              pacific longnose      Hipposcarus
                               parrotfish.           longiceps.
                              stareye parrotfish..  Calotomus carolinus.
Scombridae..................  Dogtooth tuna.......  Gymnosarda unicolor.
Sphyraenidae (Barracuda)....  great barracuda.....  Sphyraena barracuda.
------------------------------------------------------------------------

    PRIA Potentially Harvested Coral Reef Taxa:

------------------------------------------------------------------------
          English common name                    Scientific name
------------------------------------------------------------------------
wrasses (Those species not listed as     Labridae.
 CHCRT).
sharks (Those species not listed as      Carcharhinidae, Sphyrnidae.
 CHCRT).
rays and skates........................  Myliobatidae, Mobulidae.
groupers (Those species not listed as    Serrandiae.
 CHCRT or as BMUS).
jacks and scads (Those species not       Carangidae.
 listed as CHCRT or as BMUS).
solderfishes and squirrelfishes (Those   Holocentridae.
 species not listed as CHCRT).
goatfishes (Those species not listed as  Mullidae.
 CHCRT).
Batfishes..............................  Ephippidae.
Sweetlips..............................  Haemulidae.
Remoras................................  Echeneidae.
Tilefishes.............................  Malacanthidae.
Dottybacks.............................  Pseudochromidae.
Prettyfins.............................  Plesiopidae.
surgeonfishes (Those species not listed  Acanthuridae.
 as CHCRT).
emperors (Those species not listed as    Lethrinidae.
 CHCRT or as BMUS).
Herrings...............................  Clupeidae.
Gobies.................................  Gobiidae.
snappers (Those species not listed as    Lutjanidae.
 CHCRT or as BMUS).
trigger fishes (Those species not        Balistidae.
 listed as CHCRT).
rabbitfishes (Those species not listed   Siganidae.
 as CHCRT).
eels (Those species not listed as        Muraenidae, Chlopsidae,
 CHCRT).                                  Congridae, Ophichthidae.
Cardinalfishes.........................  Apogonidae.
moorish idols..........................  Zanclidae.
butterfly fishes.......................  Chaetodontidae.
Angelfishes............................  Pomacanthidae.
Damselfishes...........................  Pomacentridae.
Scorpionfishes.........................  Scorpaenidae.
Blennies...............................  Blenniidae.
barracudas (Those species not listed as  Sphyraenidae.
 CHCRT).
Sandperches............................  Pinguipedidae.
rudderfishes (Those species not listed   Kyphosidae.
 as CHCRT).
Fusiliers..............................  Caesionidae.
hawkfishes (Those species not listed as  Cirrhitidae.
 CHCRT).
Frogfishes.............................  Antennariidae.
pipefishes, seahorses..................  Syngnathidae.
flounders, soles.......................  Bothidae.
Trunkfishes............................  Ostraciidae.
puffer fishes, porcupine fishes........  Tetradontidae.
Trumpetfish............................  Aulostomus chinensis.
Cornetfish.............................  Fistularia commersoni.
blue corals............................  Heliopora.
organpipe corals.......................  Tubipora.
ahermatypic corals.....................  Azooxanthellates.
mushroom corals........................  Fungiidae.
small and large coral polyps...........  ...............................
fire corals............................  Millepora.
soft corals, gorgonians................  ...............................
Anemones...............................  Actinaria.
soft zoanthid corals...................  Zoanthinaria.
                                         Hydrozoans, Bryzoans.
sea squirts............................  Tunicates.
sea cucumbers and sea urchins..........  Echinoderms.
Those species not listed as CHCRT......  Mollusca.

[[Page 465]]

 
sea snails.............................  Gastropoda.
                                         Trochus.
sea slugs..............................  Opistobranchs.
black lipped pearl oyster..............  Pinctada margaritifera.
giant clam.............................  Tridacnidae.
other clams............................  Other Bivalves.
                                         Cephalopods.
lobsters, shrimps/mantis shrimps, true   Crustaceans.
 crabs and hermit crabs.
(Those species not listed as CMUS).....
Sponges................................  Porifera.
lace corals............................  Stylasteridae.
hydroid corals.........................  Solanderidae.
segmented worms........................  Annelids.
Seaweed................................  Algae.
Live rock.
------------------------------------------------------------------------
All other PRIA coral reef ecosystem MUS that are marine plants,
 invertebrates, and fishes that are not listed in the PRIA CHCRT table
 or are not PRIA bottomfish, crustacean, precious coral, or western
 Pacific pelagic MUS.
------------------------------------------------------------------------



Sec. 665.622  [Reserved]



Sec. 665.623  Relation to other laws.

    To ensure consistency between the management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the PRIA fishery management area, fishing for PRIA 
coral reef ecosystem MUS is not allowed within the boundary of a 
National Wildlife Refuge unless specifically authorized by the USFWS, 
regardless of whether that refuge was established by action of the 
President or the Secretary of the Interior.



Sec. 665.624  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, Sec. 
665.13 applies to coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining PRIA coral reef ecosystem MUS must have a special 
permit if they, or a vessel which they operate, is used to fish for any:
    (i) PRIA Coral reef ecosystem MUS in low-use MPAs as defined in 
Sec. 665.599;
    (ii) PRIA Potentially Harvested Coral Reef Taxa in the PRIA coral 
reef ecosystem management area; or
    (iii) PRIA Coral reef ecosystem MUS in the PRIA coral reef ecosystem 
management area with any gear not specifically allowed in this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the PRIA coral 
reef ecosystem management area to land or transship PRIA PHCRT, or any 
PRIA coral reef ecosystem MUS harvested within low-use MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches PRIA coral reef ecosystem MUS while fishing for 
bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, precious 
coral, or seamount groundfish.
    (ii) Any person fishing for PRIA CHCRT outside of an MPA, who does 
not retain any incidentally caught PRIA PHCRT.
    (iii) Any person collecting marine organisms for scientific research 
as described in Sec. 665.17, or Sec. 600.745 of this chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management area specified on the permit.
    (c) General requirements. General requirements governing application 
information, issuance, fees, expiration, replacement, transfer, 
alteration, display, sanctions, and appeals for permits are contained in 
Sec. 665.13.
    (d) Special permit. The Regional Administrator shall issue a special 
permit in accordance with the criteria and procedures specified in this 
section.
    (1) Application. An applicant for a special or transshipment permit 
issued under this section must complete and submit to the Regional 
Administrator a Special Coral Reef Ecosystem Fishing Permit Application 
Form issued by NMFS. Information in the application

[[Page 466]]

form must include, but is not limited to, a statement describing the 
objectives of the fishing activity for which a special permit is needed, 
including a general description of the expected disposition of the 
resources harvested under the permit (i.e., stored live, fresh, frozen, 
preserved; sold for food, ornamental, research, or other use; and a 
description of the planned fishing operation, including location of 
fishing and gear operation, amount and species (directed and incidental) 
expected to be harvested and estimated habitat and protected species 
impacts).
    (2) 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 and completed in writing.
    (3) Issuance. (i) If an application contains all of the required 
information, the Regional Administrator will forward copies of the 
application within 30 days to the Council, the USCG, the fishery 
management agency of the affected state, and other interested parties 
who have identified themselves to the Council, and the USFWS.
    (ii) Within 60 days following receipt of a complete application, the 
Regional Administrator will consult with the Council through its 
Executive Director, USFWS, and the Director of the affected state 
fishery management agency concerning the permit application and will 
receive their recommendations for approval or disapproval of the 
application based on:
    (A) Information provided by the applicant;
    (B) The current domestic annual harvesting and processing capacity 
of the directed and incidental species for which a special permit is 
being requested;
    (C) The current status of resources to be harvested in relation to 
the overfishing definition in the FEP;
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity; and
    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding that 
it is consistent with the goals and objectives of the FEP, the national 
standards, the Endangered Species Act, and other applicable laws, 
approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.
    (iv) If the Regional Administrator does not receive a recommendation 
from the Council within 60 days of Council receipt of the permit 
application, the Regional Administrator can make a determination of 
approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include 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.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to 
issues related to, spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.

[[Page 467]]

    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous human 
or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been reached and allocating additional 
permits in the same area would be detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the special 
permit, if it is granted, consistent with the management objectives of 
the FEP, including but not limited to:
    (A) The maximum amount of each resource that can be harvested and 
landed during the term of the special permit, including trip limits, 
where appropriate.
    (B) The times and places where fishing may be conducted.
    (C) The type, size, and amount of gear which may be used by each 
vessel operated under the special permit.
    (D) Data reporting requirements.
    (E) Such other conditions as may be necessary to ensure compliance 
with the purposes of the special permit consistent with the objectives 
of the FEP.
    (4) Appeals of permit actions.
    (i) Except as provided in subpart D of 15 CFR part 904, any 
applicant for a permit or a permit holder may appeal the granting, 
denial, conditioning, or suspension of their permit or a permit 
affecting their interests to the Regional Administrator. In order to be 
considered by the Regional Administrator, such appeal must be in 
writing, must state the action(s) appealed, and the reasons therefore, 
and must be submitted within 30 days of the original action(s) by the 
Regional Administrator. The appellant may request an informal hearing on 
the appeal.
    (ii) 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. Upon receipt of 
sufficient information, the Regional Administrator will rule on the 
appeal in accordance with the permit eligibility criteria set forth in 
this section and the FEP, as appropriate, based upon information 
relative to the application on file at NMFS and the Council and any 
additional information, the summary record kept of any hearing and the 
hearing officer's recommended decision, if any, and such other 
considerations as deemed appropriate. The 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.
    (iii) 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 in the Federal Register. Such a hearing shall normally be held 
no later than 30 days following publication of the notice in the Federal 
Register, unless the hearing officer extends the time for reasons deemed 
equitable. The appellant, the applicant (if different), and, at the 
discretion of the hearing officer, other interested parties, may appear 
personally and/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.
    (iv) 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 shall notify interested persons 
of the decision, and the reason(s) therefore, in writing, within 30 days 
of receipt of the hearing officer's recommended decision. The Regional 
Administrator's action constitutes final action for the agency for the 
purposes of the Administrative Procedure Act.
    (5) The Regional Administrator may, for good cause, extend any time 
limit prescribed in this section for a period not to exceed 30 days, 
either upon his

[[Page 468]]

or her own motion or upon written request from the Council, appellant or 
applicant stating the reason(s) therefore.



Sec. 665.625  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15, it is unlawful for any person to do 
any of the following:
    (a) Fish for, take, retain, possess or land any PRIA coral reef 
ecosystem MUS in any low-use MPA as defined in Sec. 665.599 unless:
    (1) A valid permit has been issued for the hand harvester or the 
fishing vessel operator that specifies the applicable area of harvest;
    (2) A permit is not required, as outlined in Sec. 665.624;
    (3) The PRIA coral reef ecosystem MUS possessed on board the vessel 
originated outside the management area and this can be demonstrated 
through receipts of purchase, invoices, fishing logbooks or other 
documentation.
    (b) Fish for, take, or retain any PRIA coral reef ecosystem MUS 
species:
    (1) That is determined overfished with subsequent rulemaking by the 
Regional Administrator.
    (2) By means of gear or methods prohibited under Sec. 665.627.
    (3) In a low-use MPA without a valid special permit.
    (4) In violation of any permit issued under Sec. Sec. 665.13 or 
665.624.
    (c) Fish for, take, or retain any wild live rock or live hard coral 
except under a valid special permit for scientific research, aquaculture 
seed stock collection or traditional and ceremonial purposes by 
indigenous people.



Sec. 665.626  Notifications.

    Any special permit holder subject to the requirements of this 
subpart must contact the appropriate NMFS enforcement agent in American 
Samoa, Guam, or Hawaii at least 24 hours before landing any PRIA coral 
reef ecosystem MUS unit species harvested under a special permit, and 
report the port and the approximate date and time at which the catch 
will be landed.



Sec. 665.627  Allowable gear and gear restrictions.

    (a) Coral reef ecosystem MUS may be taken only with the following 
allowable gear and methods:
    (1) Hand harvest;
    (2) Spear;
    (3) Slurp gun;
    (4) Hand net/dip net;
    (5) Hoop net for Kona crab;
    (6) Throw net;
    (7) Barrier net;
    (8) Surround/purse net that is attended at all times;
    (9) Hook-and-line (includes handline (powered or not), rod-and-reel, 
and trolling);
    (10) Crab and fish traps with vessel ID number affixed; and
    (11) Remote-operating vehicles/submersibles.
    (b) PRIA coral reef ecosystem MUS may not be taken by means of 
poisons, explosives, or intoxicating substances. Possession or use of 
these materials by any permit holder under this subpart who is 
established to be fishing for coral reef ecosystem MUS in the management 
area is prohibited.
    (c) PRIA coral reef ecosystem MUS may not be taken by means of 
spearfishing with SCUBA at night (from 6 p.m. to 6 a.m.) in the U.S. EEZ 
waters around Howland Island, Baker Island, Jarvis Island, Wake Island, 
Kingman Reef, Johnston Atoll and Palmyra Atoll.
    (d) Existing FEP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (e) Any person who intends to fish with new gear not included in 
this section must describe the new gear and its method of deployment in 
the special permit application. A decision on the permissibility of this 
gear type will be made by the Regional Administrator after consultation 
with the Council and the director of the affected state fishery 
management agency.



Sec. 665.628  Gear identification.

    (a) The vessel number must be affixed to all fish and crab traps on 
board the vessel or deployed in the water by any vessel or person 
holding a permit under Sec. Sec. 665.13 or 665.624 or that is otherwise 
established to be fishing for PRIA coral

[[Page 469]]

reef ecosystem MUS in the PRIA fishery management area.
    (b) Enforcement action. (1) Traps not marked in compliance with 
paragraph (a) of this section and found deployed in the PRIA fishery 
management area will be considered unclaimed or abandoned property, and 
may be disposed of in any manner considered appropriate by NMFS or an 
authorized officer.
    (2) Unattended surround nets or bait seine nets found deployed in 
the coral reef ecosystem management area will be considered unclaimed or 
abandoned property, and may be disposed of in any manner considered 
appropriate by NMFS or an authorized officer.



Sec. Sec. 665.629-665.639  [Reserved]



Sec. 665.640  PRIA crustacean fisheries. [Reserved]



Sec. 665.641  Definitions.

    As used in Sec. Sec. 665.640 through 665.659:
    Crustacean Permit Area 4 (Permit Area 4) means the EEZ around 
Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland 
Island, Johnston Atoll, and Wake Island.
    PRIA crustacean fishing permit means the permit required by Sec. 
665.642 to use a vessel to fish for PRIA crustacean MUS in the PRIA 
fishery management area, or to land crustacean MUS shoreward of the 
outer boundary of the PRIA fishery management area.
    PRIA crustacean management unit species means the following 
crustaceans:

------------------------------------------------------------------------
         English  common name                    Scientific name
------------------------------------------------------------------------
Spiny lobster.........................  Panulirus marginatus, Panulirus
                                         penicillatus.
Slipper lobster.......................  Scyllaridae.
Kona crab.............................  Ranina ranina.
Deepwater shrimp......................  Heterocarpus. spp.
------------------------------------------------------------------------



Sec. 665.642  Permits.

    (a) Applicability. (1) The owner of any vessel used to fish for 
lobster in Permit Area 4 must have a permit issued for that vessel.
    (2) The owner of any vessel used to fish for deepwater shrimp in 
Crustacean Permit Area 4 must have a permit issued for that vessel.
    (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. 665.13.
    (c) Application. An application for a permit required under this 
section will be submitted to PIRO as described in Sec. 665.13. 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 PIRO and contain the names 
and mailing addresses of all partners or shareholders and their 
respective percentage of ownership in the partnership or corporation.



Sec. 665.643  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 665.15, it is unlawful for any person in 
Crustacean Permit Area 4 to fish for, take, or retain deepwater shrimp 
without a permit issued under Sec. 665.642.



Sec. 665.644  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. 665.645  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec. 665.640 through 665.645 
and subpart A of this part must carry an observer when requested to do 
so by the Regional Administrator.

[[Page 470]]



Sec. Sec. 665.646-665.659  [Reserved]



Sec. 665.660  PRIA precious coral fisheries. [Reserved]



Sec. 665.661  Definitions.

    As used in Sec. Sec. 665.660 through 665.669:
    PRIA precious coral management unit species (PRIA precious coral 
MUS) means any coral of the genus Corallium in addition to the following 
species of corals:

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

    PRIA precious coral permit area means the area encompassing the 
precious coral beds within the EEZ around the PRIA. Each bed is 
designated by a permit area code and assigned to one of the following 
four categories:
    (1) Established beds. [Reserved]
    (2) Conditional beds. [Reserved]
    (3) Refugia. [Reserved]
    (4) Exploratory Area. Permit Area X-P-PI includes all coral beds, 
other than established beds, conditional beds, or refugia, in the EEZ 
seaward Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, 
Howland Island, Johnston Atoll and Wake Island.



Sec. 665.662  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining PRIA precious coral MUS in any PRIA precious coral permit area 
must have a permit issued under Sec. 665.13.
    (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. 665.661.
    (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 coral fishery 
issued under Sec. 665.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious coral fishery are 
contained in Sec. 665.13.



Sec. 665.663  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and in Sec. 665.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land PRIA 
precious coral MUS in any precious coral permit area, unless a permit 
has been issued for that vessel and area as specified in Sec. 665.13 
and that permit is on board the vessel.
    (b) Fish for, take, or retain any species of PRIA precious coral MUS 
in any precious coral permit area:
    (1) By means of gear or methods prohibited by Sec. 665.664.
    (2) In refugia specified in Sec. 665.661.
    (3) In a bed for which the quota specified in Sec. 665.667 has been 
attained.
    (4) In violation of any permit issued under Sec. Sec. 665.13 or 
665.17.
    (5) In a bed that has been closed pursuant to Sec. Sec. 665.666 or 
665.669.
    (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec. 665.665 unless:
    (1) A valid EFP was issued under Sec. 665.17 for the vessel and the 
vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.



Sec. 665.664  Gear restrictions.

    Only selective gear may be used to harvest coral from any precious 
coral permit area.



Sec. 665.665  Size restrictions.

    The height of a live coral specimen shall be determined by a 
straight line measurement taken from its base to its

[[Page 471]]

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. 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).



Sec. 665.666  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, 
NMFS shall publish a notice to that effect in the Federal Register and 
shall use other means to notify permit holders. Any such notice 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. 665.667  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 Sec. 665.667(d). 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 area, 
X-P-PI, 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 the PRIA exploratory area 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 the year that just ended on December 31. (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-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.
    (d) PRIA exploratory permit area, X-P-PI, has an annual quota of 
1,000 kg for all precious coral MUS combined with the exception of black 
corals.



Sec. 665.668  Seasons.

    The fishing year for precious coral begins on July 1 and ends on 
June 30 the following year.



Sec. 665.669  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral in any precious 
coral permit area is prohibited through June 30, 2013.



               Subpart F_Western Pacific Pelagic Fisheries



Sec. 665.798  Management area.

    The western Pacific Pelagic fishery management area includes all 
areas of fishing operations in the EEZ or on the high seas for any 
vessels of the United States or persons that:
    (a) Fish for, possess, or transship western Pacific pelagic fishery 
MUS within the EEZ waters around American Samoa, CNMI, Guam, Hawaii, or 
PRIA; or
    (b) Land western Pacific pelagic fishery MUS in American Samoa, 
CNMI, Guam, Hawaii, or PRIA.



Sec. 665.799  Area restrictions.

    (a) Fishing is prohibited in all no-take MPAs designated in this 
section.
    (b) No-take MPAs. The following U.S. EEZ waters are no-take MPAs:
    (1) Landward of the 50-fathom (fm) (91.5-m) curve at Jarvis, 
Howland, and Baker Islands, and Kingman Reef; as depicted on National 
Ocean Survey Chart Numbers 83116 and 83153;

[[Page 472]]

    (2) Landward of the 50-fm (91.5-m) curve around Rose Atoll, as 
depicted on National Ocean Survey Chart Number 83484.



Sec. 665.800  Definitions.

    As used in Sec. Sec. 665.798 through 665.818:
    American Samoa longline limited access permit means the permit 
required by Sec. 665.801 to use a vessel shoreward of the outer 
boundary of the EEZ around American Samoa to fish for western Pacific 
pelagic MUS using longline gear or to land or transship western Pacific 
pelagic MUS that were caught in the EEZ around American Samoa using 
longline gear.
    American Samoa pelagics mailing list means the list maintained by 
PIRO of names and mailing addresses of parties interested in receiving 
notices of availability for American Samoa longline limited access 
permits.
    Basket-style longline gear means a type of longline gear that is 
divided 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.
    Deep-set or Deep-setting means the deployment of, or deploying, 
respectively, longline gear in a manner consistent with all the 
following criteria: With all float lines at least 20 meters in length; 
with a minimum of 15 branch lines between any two floats (except basket-
style longline gear which may have as few as 10 branch lines between any 
two floats); without the use of light sticks; and resulting in the 
possession or landing of no more than 10 swordfish (Xiphias gladius) at 
any time during a given trip. As used in this definition ``float line'' 
means a line used to suspend the main longline beneath a float and 
``light stick'' means any type of light emitting device, including any 
fluorescent ``glow bead,'' chemical, or electrically powered light that 
is affixed underwater to the longline gear.
    Fish dealer means any person who:
    (1) Obtains, with the intention to resell, western Pacific pelagic 
MUS, or portions thereof, that were harvested or received by a vessel 
that holds a permit or is otherwise regulated under bottomfish fisheries 
in this subpart; or
    (2) Provides recordkeeping, purchase, or sales assistance in 
obtaining or selling such MUS (such as the services provided by a 
wholesale auction facility).
    Hawaii longline limited access permit means the permit required by 
Sec. 665.801 to use a vessel to fish for western Pacific pelagic MUS 
with longline gear in the EEZ around Hawaii or to land or transship 
longline-caught western Pacific pelagic MUS shoreward of the outer 
boundary of the EEZ around Hawaii.
    Longline fishing prohibited area means the portions of the EEZ in 
which longline fishing is prohibited as specified in Sec. 665.806.
    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 as defined in Sec. 665.806, 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.
    Pelagic handline fishing means fishing for western Pacific pelagic 
MUS from a stationary or drifting vessel using hook and line gear other 
than longline gear.
    Pelagic troll fishing (trolling) means fishing for western Pacific 
pelagic MUS from a moving vessel using hook and line gear.
    PRIA pelagic troll and handline fishing permit means the permit 
required by Sec. 665.801 to use a vessel shoreward of the outer 
boundary of the EEZ around the PRIA to fish for western Pacific pelagic 
MUS using pelagic handline or troll fishing methods.
    Receiving vessel permit means a permit required by Sec. 665.801(c) 
for a receiving

[[Page 473]]

vessel to transship or land western Pacific pelagic MUS taken by other 
vessels using longline gear.
    Shallow-set or shallow-setting means the deployment of, or 
deploying, respectively, longline gear in a manner that does not meet 
the definition of deep-set or deep-setting as defined in this section.
    Squid jig fishing means fishing for squid that are western Pacific 
pelagic MUS using a hook or hooks attached to a line that is raised and 
lowered in the water column by manual or mechanical means.
    Western Pacific general longline permit means the permit authorized 
under Sec. 665.801 to use a vessel shoreward of the outer boundary of 
the EEZ around Guam, CNMI, Johnston or Palmyra Atolls, Kingman Reef, or 
Wake, Jarvis, Baker or Howland Islands to fish for western Pacific 
pelagic MUS using longline gear or to land or to transship western 
Pacific pelagic MUS that were caught using longline gear.
    Western Pacific pelagic management unit species means the following 
species:

------------------------------------------------------------------------
           English  common name                    Scientific name
------------------------------------------------------------------------
Tunas:
    Albacore..............................  Thunnus alalunga.
    bigeye tuna...........................  Thunnus obesus.
    yellowfin tuna........................  Thunnus albacares.
    northern bluefin tuna.................  Thunnus thynnus.
    skipjack tuna.........................  Katsuwonus pelamis.
    Kawakawa..............................  Euthynnus affinis.
    other tuna relatives..................  Auxis spp., Scomber spp.,
                                             Allothunnus spp.
Billfishes:
    Indo-Pacific blue marlin..............  Makaira mazara.
    black marlin..........................  Makaira indica.
    striped marlin........................  Tetrapturus audax.
    shortbill spearfish...................  Tetrapturus angustirostris.
    Swordfish.............................  Xiphias gladius.
    Sailfish..............................  Istiophorus platypterus.
Sharks:
    pelagic thresher shark................  Alopias pelagicus.
    bigeye thresher shark.................  Alopias superciliosus.
    common thresher shark.................  Alopias vulpinus.
    silky shark...........................  Carcharhinus falciformis.
    oceanic whitetip shark................  Carcharhinus longimanus.
    blue shark............................  Prionace glauca.
    shortfin mako shark...................  Isurus oxyrinchus.
    longfin mako shark....................  Isurus paucus.
    salmon shark..........................  Lamna ditropis.
Other pelagic fishes:
    mahimahi (dolphinfish)................  Coryphaena spp.
    Wahoo.................................  Acanthocybium solandri.
    Moonfish..............................  Lampris spp.
    Oilfish...............................  Gempylidae.
    Pomfret...............................  Bramidae.
Squid:
    diamondback squid.....................  Thysanoteuthis rhombus.
    neon flying squid.....................  Ommastrephes bartramii.
    purpleback flying squid...............  Sthenoteuthis oualaniensis.
------------------------------------------------------------------------



Sec. 665.801  Permits.

    (a) A vessel of the United States must be registered for use with a 
valid permit under the High Seas Fishing Compliance Act if that vessel 
is used to fish on the high seas, as required under Sec. 300.15 of this 
title.
    (b) A vessel of the United States must be registered for use under a 
valid Hawaii longline limited access permit if that vessel is used:
    (1) To fish for western Pacific pelagic MUS using longline gear in 
the EEZ around the Hawaiian Archipelago; or
    (2) To land or transship, shoreward of the outer boundary of the EEZ 
around the Hawaiian Archipelago, western Pacific pelagic MUS that were 
harvested using longline gear.
    (c) A vessel of the United States must be registered for use under a 
valid American Samoa longline limited access permit, in accordance with 
Sec. 665.816, if that vessel is used to:
    (1) Fish for western Pacific pelagic MUS using longline gear in the 
EEZ around American Samoa;
    (2) Land shoreward of the outer boundary of the EEZ around American 
Samoa western Pacific pelagic MUS that were harvested using longline 
gear in the EEZ around American Samoa; or
    (3) Transship shoreward of the outer boundary of the EEZ around 
American Samoa western Pacific pelagic MUS that were harvested using 
longline gear in the EEZ around American Samoa or on the high seas.
    (d) A vessel of the United States must be registered for use under a 
valid Western Pacific general longline permit, American Samoa longline 
limited access permit, or Hawaii longline limited access permit if that 
vessel is used to:
    (1) Fish for western Pacific pelagic MUS using longline gear in the 
EEZ around Guam, CNMI, or PRIA (with the exception of Midway Atoll); or
    (2) Land or transship shoreward of the outer boundary of the EEZ 
around Guam, CNMI, or PRIA (with the exception of Midway Atoll), western 
Pacific

[[Page 474]]

pelagic MUS that were harvested using longline gear.
    (e) A receiving vessel of the United States must be registered for 
use with a valid receiving vessel permit if that vessel is used to land 
or transship, shoreward of the outer boundary of the EEZ around American 
Samoa, Hawaii, Guam, CNMI, or PRIA, western Pacific pelagic MUS that 
were harvested using longline gear.
    (f) A vessel of the United States must be registered for use with a 
valid PRIA pelagic troll and handline fishing permit if that vessel is 
used to fish for western Pacific pelagic MUS using pelagic handline or 
trolling fishing methods in the EEZ around the PRIA (with the exception 
of Midway Atoll).
    (g) A vessel of the United States must be registered for use under a 
Western Pacific squid jig fishing permit, if that vessel is more than 50 
ft (15.4 m) LOA and is used to squid jig fish in EEZ waters around 
American Samoa, CNMI, Guam, Hawaii, or PRIA.
    (h) Any required permit must be valid and on board the vessel and 
available for inspection by an authorized agent, except that, if the 
permit was issued (or registered to the vessel) during the fishing trip 
in question, this requirement applies only after the start of any 
subsequent fishing trip.
    (i) 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.
    (j) An application for a permit required under this section will be 
submitted to PIRO as described in Sec. 665.13.
    (k) 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. 665.13.
    (l) A Hawaii longline 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) [Reserved]
    (m) 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).
    (n) 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.
    (o) Permit appeals. 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 must be in writing, 
must state the action(s) appealed, and the reasons therefore, and must 
be submitted within 30 days of the action(s) by the Regional 
Administrator. 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 for 
qualifying for, or renewing, limited access permits. In making such 
decision, the Administrator will review relevant portions of the Western 
Pacific Pelagic FEP, to the extent such review would clarify the 
criteria in this part. Such decision will be 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 (o)(3) of this section; and such other considerations as 
deemed appropriate. The Regional Administrator will notify the appellant 
of the decision and the reasons therefore, 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

[[Page 475]]

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 and/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 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) 
therefore, 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 purposes of the Administrative 
Procedure Act.
    (4) In the case of a timely appeal from an American Samoa longline 
limited access permit initial permit decision, the Regional 
Administrator will issue the appellant a temporary American Samoa 
longline limited access permit. A temporary permit will expire 20 days 
after the Regional Administrator's final decision on the appeal. In no 
event will a temporary permit be effective for longer than 60 days.
    (5) With the exception of temporary permits issued under paragraph 
(o)(4) of this section, the Regional Administrator, for good cause, may 
extend any time limit prescribed in this section for a period not to 
exceed 30 days, either upon his/her own motion or upon written request 
from the appellant stating the reason(s) therefore.



Sec. 665.802  Prohibitions.

    In addition to the prohibitions specified in Sec. 600.725 of this 
chapter, it is unlawful for any person to do any of the following:
    (a) Falsify or fail to make and/or file all reports of western 
Pacific pelagic MUS landings, containing all data and in the exact 
manner, as required by applicable state law or regulation, as specified 
in Sec. 665.14(a), provided that the person is required to do so by 
applicable state law or regulation.
    (b) Use a vessel without a valid permit issued under the High Seas 
Fishing Compliance Act to fish for western Pacific pelagic MUS using 
longline gear, on the high seas, in violation of Sec. Sec. 665.801(a), 
and 300.15 of this title.
    (c) Use a vessel in the EEZ around the Hawaiian Archipelago without 
a valid Hawaii longline limited access permit registered for use with 
that vessel, to fish for western Pacific pelagic MUS using longline 
gear, in violation of Sec. 665.801(b)(1).
    (d) Use a vessel shoreward of the outer boundary of the EEZ around 
the Hawaiian Archipelago without a valid Hawaii longline limited access 
permit registered for use with that vessel, to land or transship western 
Pacific pelagic MUS that were harvested with longline gear, in violation 
of Sec. 665.801(b)(2).
    (e) Use a vessel in the EEZ around American Samoa without a valid 
American Samoa longline limited access permit registered for use with 
that vessel, to fish for western Pacific pelagic MUS using longline 
gear, in violation of Sec. 665.801(c)(1).
    (f) Use a vessel shoreward of the outer boundary of the EEZ around 
American Samoa without a valid American Samoa longline limited access 
permit registered for use with that vessel, to land western Pacific 
pelagic MUS that were caught with longline gear within the EEZ around 
American Samoa, in violation of Sec. 665.801(c)(2).
    (g) Use a vessel within the EEZ around American Samoa without a 
valid American Samoa longline limited access permit registered for use 
with that vessel, to transship western Pacific pelagic MUS that were 
caught with longline gear, in violation of Sec. 665.801(c)(3).
    (h) Use a vessel in the EEZ around Guam, CNMI, or PRIA (with the 
exception of Midway Atoll) without either a valid Western Pacific 
general longline permit, American Samoa longline limited access permit 
or a Hawaii longline limited access permit registered for use

[[Page 476]]

with that vessel, to fish for western Pacific pelagic MUS using longline 
gear, in violation of Sec. 665.801(d)(1).
    (i) Use a vessel shoreward of the outer boundary of the EEZ around 
Guam, CNMI, or PRIA (with the exception of Midway Atoll) without either 
a valid Western Pacific general longline permit, American Samoa longline 
limited access permit or a Hawaii longline limited access permit 
registered for use with that vessel, to land or transship western 
Pacific pelagic MUS that were harvested using longline gear, in 
violation of Sec. 665.801(d)(2).
    (j) Use a vessel shoreward of the outer boundary of the EEZ around 
American Samoa, CNMI, Guam, Hawaii, or PRIA, to land or transship 
western Pacific pelagic MUS caught by other vessels using longline gear, 
without a valid receiving vessel permit registered for use with that 
vessel, in violation of Sec. 665.801(e).
    (k) Use a vessel in the EEZ around the PRIA employing handline or 
trolling methods to fish for western Pacific pelagic MUS without a valid 
PRIA pelagic troll and handline fishing permit registered for use for 
that vessel, in violation of Sec. 665.801(f).
    (l) Fish in the fishery after failing to comply with the 
notification requirements in Sec. 665.803.
    (m) Fail to comply with notification requirements set forth in Sec. 
665.803 or in any EFP issued under Sec. 665.17.
    (n)-(u) [Reserved]
    (v) Fish with longline gear within a longline fishing prohibited 
area, except as allowed pursuant to an exemption issued under Sec. Sec. 
665.17 or 665.807, in violation of Sec. 665.806.
    (w) Fish for western Pacific pelagic MUS with longline gear within 
the protected species zone, in violation of Sec. 665.806(b).
    (x) Fail to comply with a term or condition governing the observer 
program established in Sec. 665.808, if using a vessel registered for 
use with a Hawaii longline limited access permit, or a vessel registered 
for use with a size Class B, C or D American Samoa longline limited 
access permit, to fish for western Pacific pelagic MUS using longline 
gear.
    (y) Fail to comply with other terms and conditions that the Regional 
Administrator imposes by written notice to either the permit holder or 
the designated agent of the permit holder to facilitate the details of 
observer placement.
    (z) Fail to fish in accordance with the seabird take mitigation 
techniques set forth at Sec. Sec. 665.815(a)(1) or 665.815(a)(2) when 
operating a vessel registered for use under a Hawaii longline limited 
access permit.
    (aa)-(bb) [Reserved]
    (cc) Own or operate a vessel registered for use under any longline 
permit issued under Sec. 665.801 while engaged in longline fishing for 
western Pacific pelagic MUS and fail to be certified for completion of a 
NMFS protected species workshop, in violation of Sec. 665.814(a).
    (dd) Own or operate a vessel registered for use under any longline 
permit issued under Sec. 665.801 while engaged in longline fishing for 
western Pacific pelagic MUS without having on board a valid protected 
species workshop certificate issued by NMFS or a legible copy thereof, 
in violation of Sec. 665.814(d).
    (ee) Possess light sticks on board a vessel registered for use under 
a Hawaii longline limited access permit at any time during a trip for 
which notification to NMFS under Sec. 665.803(a) indicated that deep-
setting would be done, in violation of Sec. 665.813(d).
    (ff) Fail to carry, or fail to use, a line clipper, dip net, or 
dehooker on a vessel registered for use under any longline permit issued 
under Sec. 665.801, in violation of Sec. 665.812.
    (gg)-(hh) [Reserved]
    (ii) When operating a vessel registered for use under any longline 
limited access permit issued under Sec. 665.801, fail to comply with 
the sea turtle handling, resuscitation, and release requirements, in 
violation of Sec. 665.812(b).
    (jj) Engage in shallow-setting from a vessel registered for use 
under any longline permit issued under Sec. 665.801 north of the 
Equator (0[deg] lat.) with hooks other than circle hooks sized 18/0 or 
larger with an offset not to exceed 10 degrees, in violation of Sec. 
665.813(f).
    (kk) Engage in shallow-setting from a vessel registered for use 
under any longline permit issued under Sec. 665.801 north of the 
Equator (0[deg] lat.) with bait

[[Page 477]]

other than mackerel-type bait, in violation of Sec. 665.813(g).
    (ll) [Reserved]
    (mm) 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. 665.815(a)(1) or (a)(2).
    (nn) 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. 665.815(a)(2)(v).
    (oo) 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. 665.815(a)(2)(vi) through (viii).
    (pp) 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. 665.815(a)(2)(i) through (iv).
    (qq) Fail to be begin the deployment of longline gear at least 1 
hour after local sunset or fail to complete the setting process before 
local sunrise from a vessel registered for use under a Hawaii longline 
limited access permit while shallow-setting north of 23[deg] N. lat., in 
violation of Sec. 665.815(a)(4).
    (rr) 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. 665.815(b).
    (ss) Engage in shallow-setting from a vessel registered for use 
under a Hawaii longline limited access permit after the shallow-set 
component of the longline fishery has been closed pursuant to Sec. 
665.813(b), in violation of Sec. 665.813(i).
    (tt) Fail to immediately retrieve longline fishing gear upon receipt 
of actual notice that the shallow-set component of the longline fishery 
has been closed pursuant to Sec. 665.813(b), in violation of Sec. 
665.813(i).
    (uu)-(vv) [Reserved]
    (ww) Fail to handle seabirds other than 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. 
665.815(c).
    (xx) Use a large vessel to fish for western Pacific Pelagic MUS 
within an American Samoa large vessel prohibited area except as allowed 
pursuant to an exemption issued under Sec. 665.818.
    (yy) Fish for western Pacific pelagic MUS using gear prohibited 
under Sec. 665.810 or not permitted by an EFP issued under Sec. 
665.17.
    (zz) Use a vessel that is greater than 50 ft (15.4 m) LOA to squid 
jig fish in EEZ waters around American Samoa, CNMI, Guam, Hawaii, or 
PRIA, without a Western Pacific squid jig fishing permit registered for 
use with that vessel, in violation of Sec. 665.801(g).



Sec. 665.803  Notifications.

    (a) The permit holder, or designated agent, for any vessel 
registered for use under a Hawaii longline limited access permit, or for 
any vessel greater than 40 ft (12.2 m) LOA that is registered for use 
under an American Samoa longline limited access permit, 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 the Hawaiian 
Archipelago or American Samoa. 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 permit 
holder or designated agent for a vessel registered for use under Hawaii 
longline limited access permits must also provide notification of the 
trip type (either deep-setting or shallow-setting).
    (b) The permit holder, or designated agent, for any vessel 
registered for use under a Western Pacific squid jig fishing permit that 
is greater than 50 ft (15.4 m) LOA, 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

[[Page 478]]

of which occurs in western Pacific EEZ waters. 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.
    (c) For purposes of this section, 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 permit 
holder or designated agent to be available between 8 a.m. and 5 p.m. 
(local time) on weekdays for NMFS to contact to arrange observer 
placement.
    (d) 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. 665.806, must notify the NMFS 
Special-Agent-In-Charge 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.
    (e) The permit holder for any American Samoa longline limited access 
permit, or an agent designated by the permit holder, must notify the 
Regional Administrator in writing within 30 days of any change to the 
permit holder's contact information or any change to the vessel 
documentation associated with a permit registered to an American Samoa 
longline limited access permit. Complete changes in the ownership of the 
vessel registered to an American Samoa longline limited access permit 
must also be reported to PIRO in writing within 30 days of the change. 
Failure to report such changes may result in a delay in processing an 
application, permit holders failing to receive important notifications, 
or sanctions pursuant to the Magnuson-Stevens Act at 16 U.S.C. 1858(g) 
or 15 CFR part 904, subpart D.



Sec. 665.804  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. 665.805  [Reserved]



Sec. 665.806  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. (1) The protected species zone 
is 50 nm from the center geographical positions of certain islands and 
reefs in the NWHI, as follows:

------------------------------------------------------------------------
                Name                       N. lat.          W. long.
------------------------------------------------------------------------
Nihoa Island........................  23[deg]05[min]    161[deg]55[min]
Necker Island.......................  23[deg]35[min]    164[deg]40[min]
French Frigate Shoals...............  23[deg]45[min]    166[deg]15[min]
Gardner Pinnacles...................  25[deg]00[min]    168[deg]00[min]
Maro Reef...........................  25[deg]25[min]    170[deg]35[min]
Laysan Island.......................  25[deg]45[min]    171[deg]45[min]
Lisianski Island....................  26[deg]00[min]    173[deg]55[min]
Pearl and Hermes Reef...............  27[deg]50[min]    175[deg]50[min]
Midway Island.......................  28[deg]14[min]    177[deg]22[min]
Kure Island.........................  28[deg]25[min]    178[deg]20[min]
------------------------------------------------------------------------

    (2) Where the areas are not contiguous, parallel lines drawn tangent 
to and connecting those semicircles 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.
    (c) Main Hawaiian Islands (MHI). (1) From February 1-September 30 
each

[[Page 479]]

year, the longline fishing prohibited area around the MHI 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]
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 MHI 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]      143[deg]33[min]33[
                                                       sec]
D...............................  13[deg]00[min]      143[deg]25[min]30[
                                                       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. 665.807  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 western Pacific pelagic MUS 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 western 
Pacific pelagic MUS 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; and
    (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 western Pacific pelagic MUS in an area that 
is now in the Hawaii longline fishing prohibited area.
    (b) Each exemption shall specify the portion(s) of the Hawaii 
longline fishing prohibited area, bounded by longitudinal and 
latitudinal lines drawn to include each statistical area, as appearing 
on Hawaii State Commercial Fisheries Charts, in which the exemption 
holder made the harvest documented for the exemption application under 
paragraph (a)(4) of this section.
    (c) Each exemption is valid only within the portion(s) of the Hawaii 
longline fishing prohibited area specified on the exemption.
    (d) A person seeking an exemption under this section must submit an 
application and supporting documentation to PIRO 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

[[Page 480]]

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 FEP, 
the national standards, and other applicable law, initiate rulemaking to 
implement the Council's recommendations.



Sec. 665.808  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 agrees 
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. 665.17, 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.
    (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 seabird 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

[[Page 481]]

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 Observer Program, NMFS (see address for PIRO 
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 
traveling 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 was 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, Pacific Islands Region, 
NMFS. NMFS will not process reimbursement invoices and documentation 
submitted more than 120 days after the occurrence.
    (j) If a vessel normally has cabins for crew members, female 
observers on a vessel with an all-male crew must be accommodated either 
in a single person cabin or, if NMFS concludes that adequate privacy can 
be ensured by installing a curtain or other temporary divider, in a two-
person shared cabin. If the vessel normally does not have cabins for 
crew members, alternative accommodations must be approved by NMFS. If a 
cabin assigned to a female observer does not have its own toilet and 
shower facilities that can be provided for the exclusive use of the 
observer, or if no cabin is assigned, then arrangements for sharing 
common facilities must be established and approved in advance by NMFS.



Sec. 665.809  Port privileges and transiting for unpermitted U.S.
longline vessels.

    A U.S. longline fishing vessel that does not have a permit under 
subpart A of this part may enter waters of the fishery management area 
with western Pacific pelagic MUS on board, but may not land or transship 
any western Pacific pelagic MUS 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. 665.810  Prohibition of drift gillnetting.

    Fishing with drift gillnets in the fishery management area is 
prohibited, except where authorized by an EFP issued under Sec. 665.17.



Sec. 665.811  [Reserved]



Sec. 665.812  Sea turtle take mitigation measures.

    (a) Possession and use of required mitigation gear. The gear 
required in paragraph (a) of this section must be used according to the 
sea turtle handling requirements set forth in paragraph (b) of this 
section.

[[Page 482]]

    (1) Hawaii longline limited access permits. Any owner or operator of 
a vessel registered for use under a Hawaii longline limited access 
permit must carry aboard the vessel line clippers meeting the minimum 
design standards specified in paragraph (a)(5) of this section, dip nets 
meeting the minimum design standards specified in paragraph (a)(6) of 
this section, and dehookers meeting the minimum design and performance 
standards specified in paragraph (a)(7) of this section.
    (2) Other longline vessels with freeboards of more than 3 ft 
(0.91m). Any owner or operator of a longline vessel with a permit issued 
under Sec. 665.801 other than a Hawaii limited access longline permit 
and that has a freeboard of more than 3 ft (0.91 m) must carry aboard 
the vessel line clippers meeting the minimum design standards specified 
in paragraph (a)(5) of this section, dip nets meeting the minimum design 
standards specified in paragraph (a)(6) of this section, and dehookers 
meeting this minimum design and performance standards specified in 
paragraph (a)(7) of this section.
    (3) Other longline vessels with freeboards of 3 ft (0.91 m) or less. 
Any owner or operator of a longline vessel with a permit issued under 
Sec. 665.801 other than a Hawaii limited access longline permit and 
that has a freeboard of 3 ft (0.91 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.
    (4) Handline, troll, pole-and-line, and other vessels using hooks 
other than longline vessels. Any owner or operator of a vessel fishing 
under the Pelagics FEP with hooks other than longline gear are not 
required to carry specific mitigation gear, but must comply with the 
handling requirements set forth in paragraph (b) of this section.
    (5) 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 (see Figure 3 to this part). 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.
    (6) 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 lb (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 by 
3 inches (7.62 cm by 7.62 cm).
    (7) Dehookers. (i) Long-handled dehooker for ingested hooks. This 
item is intended to be used to remove ingested hooks from sea turtles 
that cannot be boated, and to engage a loose hook when a turtle is 
entangled but not hooked and line is being removed. One long-handled 
dehooker for ingested hooks is required on board. The minimum design and 
performance standards are as follows:

[[Page 483]]

    (A) Hook removal device. The hook removal device must be constructed 
of \5/16\ inch (7.94 mm) 316L stainless steel and have a dehooking end 
no larger than 1\7/8\ inches (4.76 cm) outside diameter. The device must 
be capable of securely engaging and controlling the leader while 
shielding the barb of the hook to prevent the hook from re-engaging 
during removal. It must not have any unprotected terminal points 
(including blunt ones), as these could cause injury to the esophagus 
during hook removal. The device must be of a size capable of securing 
the range of hook sizes and styles used by the vessel.
    (B) Extended reach handle. The hook removal device must be securely 
fastened to an extended reach handle or pole with a length equal to or 
greater than 150 percent of the vessel's freeboard or 6 ft (1.83 m), 
whichever is greater. It is recommended that the handle be designed so 
that it breaks down into sections. The handle must be sturdy and strong 
enough to facilitate the secure attachment of the hook removal device.
    (ii) Long-handled dehooker for external hooks. This item is intended 
to be used to remove externally-hooked hooks from sea turtles that 
cannot be boated. The long-handled dehooker for ingested hooks described 
in paragraph (a)(7)(i) of this section meets this requirement. The 
minimum design and performance standards are as follows:
    (A) Construction. The device must be constructed of \5/16\ inch 
(7.94 mm) 316 L stainless steel rod. A 5 inch (12.70 cm) tube T-handle 
of 1 inch (2.54 cm) outside diameter is recommended, but not required. 
The dehooking end must be blunt with all edges rounded. The device must 
be of a size capable of securing the range of hook sizes and styles used 
by the vessel.
    (B) Handle. The handle must have a length equal to or greater than 
the vessel's freeboard or 3 ft (0.91 m), whichever is greater.
    (iii) Long-handled device to pull an ``inverted V.'' This item is 
intended to be used to pull an ``inverted V'' in the fishing line when 
disentangling and dehooking entangled sea turtles. One long-handled 
device to pull an ``inverted V'' is required on the vessel. The minimum 
design and performance standards are as follows:
    (A) Hook end. It must have a hook-shaped end, like that of a 
standard boat hook or gaff, which must be constructed of stainless steel 
or aluminum.
    (B) Handle. The handle must have a length equal to or greater than 
150 percent of the vessel's freeboard or 6 ft (1.83 m), whichever is 
greater. The handle must be sturdy and strong enough to allow the hook 
end to be effectively used to engage and pull an ``inverted V'' in the 
line.
    (C) The long-handled dehookers described in paragraphs (a)(7)(i) and 
(ii) of this section meet this requirement.
    (iv) Short-handled dehooker for ingested hooks. This item is 
intended to be used to remove ingested hooks, externally hooked hooks, 
and hooks in the front of the mouth of sea turtles that can be boated. 
One short-handled dehooker for ingested hooks is required on board. The 
minimum design and performance standards are as follows:
    (A) Hook removal device. The hook removal device must be constructed 
of \1/4\ inch (6.35 mm) 316 L stainless steel, and the design of the 
dehooking end must be such to allow the hook to be secured and the barb 
shielded without re-engaging during the hook removal process. The 
dehooking end must be no larger than 1-5/16 inch (3.33 cm) outside 
diameter. It must not have any unprotected terminal points (including 
blunt ones), as this could cause injury to the esophagus during hook 
removal. The dehooking end must be of a size appropriate to secure the 
range of hook sizes and styles used by the vessel.
    (B) Sliding plastic bite block. The dehooker must have a sliding 
plastic bite block, which is intended to be used to protect the sea 
turtle's beak and facilitate hook removal if the turtle bites down on 
the dehooker. The bite block must be constructed of a \3/4\ inch (1.91 
cm) inside diameter high impact plastic cylinder (for example, Schedule 
80 PVC) that is 10 inches (25.40 cm) long. The dehooker and bite block 
must be configured to allow for 5 inches (12.70 cm) of slide of the bite 
block along the shaft of the dehooker.
    (C) Shaft and handle. The shaft must be 16 to 24 inches (40.64 to 
60.69 cm) in

[[Page 484]]

length, and must have a T-handle 4 to 6 inches (10.16 to 15.24 cm) in 
length and \3/4\ to 1\1/4\ inches (1.90 to 3.18 cm) in diameter.
    (v) Short-handled dehooker for external hooks. This item is intended 
to be used to remove externally hooked hooks from sea turtles that can 
be boated. One short-handled dehooker for external hooks is required on 
board. The short-handled dehooker for ingested hooks required to comply 
with paragraph (a)(7)(v) of this section meets this requirement. The 
minimum design and performance standards are as follows:
    (A) Hook removal device. The hook removal device must be constructed 
of \5/16\ inch (7.94 cm) 316 L stainless steel, and the design must be 
such that a hook can be rotated out without pulling it out at an angle. 
The dehooking end must be blunt, and all edges rounded. The device must 
be of a size appropriate to secure the range of hook sizes and styles 
used by the vessel.
    (B) Shaft and handle. The shaft must be 16 to 24 inches (40.64 to 
60.69 cm) in length, and must have a T-handle 4 to 6 inches (10.16 to 
15.24 cm) in length and \3/4\ to 1\1/4\ inches (1.90 to 3.18 cm) in 
diameter.
    (8) Tire. This item is intended to be used for supporting a turtle 
in an upright orientation while it is on board. One tire is required on 
board, but an assortment of sizes is recommended to accommodate a range 
of turtle sizes. The tire must be a standard passenger vehicle tire and 
must be free of exposed steel belts.
    (9) Long-nose or needle-nose pliers. This item is intended to be 
used to remove deeply embedded hooks from the turtle's flesh that must 
be twisted in order to be removed, and also to hold in place PVC splice 
couplings when used as mouth openers. One pair of long-nose or needle-
nose pliers is required on board. The minimum design standards are as 
follows: The pliers must be 8 to 14 inches (20.32 to 35.56 cm) in 
length. It is recommended that they be constructed of stainless steel 
material.
    (10) Wire or bolt cutters. This item is intended to be used to cut 
through hooks in order to remove all or part of the hook. One pair of 
wire or bolt cutters is required on board. The minimum design and 
performance standards are as follows: The wire or bolt cutters must be 
capable of cutting hard metals, such as stainless or carbon steel hooks, 
and they must be capable of cutting through the hooks used by the 
vessel.
    (11) Monofilament line cutters. This item is intended to be used to 
cut and remove fishing line as close to the eye of the hook as possible 
if the hook is swallowed or cannot be removed. One pair of monofilament 
line cutters is required on board. The minimum design standards are as 
follows: Monofilament line cutters must be 6 to 9 inches (15.24 to 22.86 
cm) in length. The blades must be 1\3/4\ (4.45 cm) in length and \5/8\ 
inches (1.59 cm) wide when closed.
    (12) Mouth openers and gags. These items are intended to be used to 
open the mouths of boated sea turtles, and to keep them open when 
removing ingested hooks in a way that allows the hook or line to be 
removed without causing further injury to the turtle. At least two of 
the seven different types of mouth openers and gags described below are 
required on board. The seven types and their minimum design standards 
are as follows.
    (i) A block of hard wood. A block of hard wood is intended to be 
used to gag open a turtle's mouth by placing it in the corner of the 
jaw. It must be made of hard wood of a type that does not splinter (for 
example, maple), and it must have rounded and smoothed edges. The 
dimensions must be 10 to 12 inches (24.50 to 30.48 cm) by \3/4\ to 1\1/
4\ inches (1.90 to 3.18 cm) by \3/4\ to 1\1/4\ inches (1.90 to 3.18 cm).
    (ii) A set of three canine mouth gags. A canine mouth gag is 
intended to be used to gag open a turtle's mouth while allowing hands-
free operation after it is in place. A set of canine mouth gags must 
include one of each of the following sizes: small (5 inches, 12.7 cm), 
medium (6 inches, 15.2 cm), and large (7 inches, 17.8 cm). They must be 
constructed of stainless steel. A 1\3/4\ inch (4.45 cm) long piece of 
vinyl tubing (\3/4\ inch, 1.91 cm) outside diameter and \5/8\ inch (1.59 
cm) inside diameter) must be placed over the ends of the gags to protect 
the turtle's beak.

[[Page 485]]

    (iii) A set of two sturdy canine chew bones. A canine chew bone is 
intended to be used to gag open a turtle's mouth by placing it in the 
corner of the jaw. They must be constructed of durable nylon, zylene 
resin, or thermoplastic polymer, and strong enough to withstand biting 
without splintering. To accommodate a variety of turtle beak sizes, a 
set must include one large (5\1/2\ to 8 inches (13.97 to 20.32 cm) in 
length) and one small (3\1/2\ to 4\1/2\ inches (8.89 to 11.43 cm) in 
length) canine chew bones.
    (iv) A set of two rope loops covered with hose. A set of two rope 
loops covered with a piece of hose is intended to be used as a mouth 
opener and to keep a turtle's mouth open during hook and/or line 
removal. A set consists of two 3-foot (0.91 m) lengths of poly braid 
rope, each covered with an 8 inch (20.32 cm) section of \1/2\ inch (1.27 
cm) or \3/4\ inch (1.91 cm) light-duty garden hose, and each tied into a 
loop.
    (v) A hank of rope. A hank of rope is intended to be used to gag 
open a sea turtle's mouth by placing it in the corner of the jaw. A hank 
of rope is made from a 6 foot (1.83 m) lanyard of braided nylon rope 
that is folded to create a hank, or looped bundle, of rope. The hank 
must be 2 to 4 inches (5.08 to 10.16 cm) in thickness.
    (vi) A set of four PVC splice couplings. PVC splice couplings are 
intended to be used to allow access to the back of the mouth of a turtle 
for hook and line removal by positioning them inside a turtle's mouth 
and holding them in place with long-nose or needle-nose pliers. The set 
must consist of the following Schedule 40 PVC splice coupling sizes: 1 
inch (2.54 cm), 1\1/4\ inches (3.18 cm), 1\1/2\ inches (3.81 cm), and 2 
inches (5.08 cm).
    (vii) A large avian oral speculum. A large avian oral speculum is 
intended to be used to hold a turtle's mouth open and control the head 
with one hand while removing a hook with the other hand. It must be 9 
inches (22.86 cm) in length and constructed of \3/16\ inch (4.76 mm) 
wire diameter surgical stainless steel (Type 304). It must be covered 
with 8 inches (20.32 cm) of clear vinyl tubing \5/16\ inch (7.94 mm) 
outside diameter, \3/16\ inch (4.76 mm) inside diameter.
    (b) Handling requirements. If a sea turtle is observed to be hooked 
or entangled in fishing gear from any vessel fishing under the Pelagics 
FEP, vessel owners and operators must use the required mitigation gear 
set forth in paragraph (a) of this section to comply with these handling 
requirements. Any hooked or entangled sea turtle must be handled in a 
manner to minimize injury and promote survival.
    (1) Sea turtles that cannot be brought aboard. In instances where a 
sea turtle is too large to be brought aboard or the sea turtle cannot be 
brought aboard without causing further injury to the sea turtle, the 
vessel owner or operator must disentangle and remove the gear, or cut 
the line as close as possible to the hook or entanglement, to remove the 
maximum amount of the gear from the sea turtle.
    (2) Sea turtles that can be brought aboard. In instances where a sea 
turtle is not too large to be brought aboard, or the sea turtle can be 
brought aboard without causing further injury to the turtle, the vessel 
owner or operator must take the following actions:
    (i) Immediately bring the sea turtle aboard;
    (ii) Handle the sea turtle in accordance with the procedures in 
paragraphs (b)(3) and (b)(4) of this section; and
    (iii) Disentangle and remove the gear, or cut the line as close as 
possible to the hook or entanglement, to remove the maximum amount of 
the gear from the sea turtle.
    (3) Sea turtle resuscitation. If a sea turtle appears dead or 
comatose, the following actions must be taken:
    (i) Place the sea turtle on its belly (on the bottom shell or 
plastron) so that the sea 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 varies with 
the size of the sea turtle; greater elevations are needed for larger sea 
turtles;
    (ii) Administer a reflex test at least once every 3 hours. The test 
is to be performed by gently touching the eye and pinching the tail of a 
sea turtle to determine if the sea turtle is responsive;

[[Page 486]]

    (iii) Keep the sea turtle shaded and damp or moist (but under no 
circumstances place the sea turtle into a container holding water). A 
water-soaked towel placed over the eyes, carapace and flippers is the 
most effective method of keeping a sea turtle moist; and
    (iv) Return to the sea any sea turtle that revives and becomes 
active in the manner described in paragraph (b)(4) 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 (b)(4) of this 
section.
    (4) Sea turtle release. After handling a sea turtle in accordance 
with the requirements of paragraphs (b)(2) and (b)(3) of this section, 
the sea turtle must be returned to the ocean after identification unless 
NMFS requests the retention of a dead sea turtle for research. In 
releasing a sea turtle the vessel owner or operator must:
    (i) Place the vessel engine in neutral gear so that the propeller is 
disengaged and the vessel is stopped, and release the sea turtle away 
from deployed gear; and
    (ii) Observe that the turtle is safely away from the vessel before 
engaging the propeller and continuing operations.
    (5) Other sea turtle requirements. No sea turtle, including a dead 
turtle, may be consumed or sold. A sea turtle may be landed, offloaded, 
transshipped or kept below deck only if NMFS requests the retention of a 
dead sea turtle for research.



Sec. 665.813  Western Pacific longline fishing restrictions.

    (a) [Reserved]
    (b) Limits on sea turtle interactions.
    (1) Maximum annual limits are established on the number of physical 
interactions that occur each calendar year between leatherback and 
loggerhead sea turtles and vessels registered for use under Hawaii 
longline limited access permits while shallow-setting.
    (i) The annual limit for leatherback sea turtles (Dermochelys 
coriacea) is 16, and the annual limit for loggerhead sea turtles 
(Caretta caretta) is 46.
    (ii) If any annual sea turtle interaction limit in paragraph (b)(i) 
of this section is exceeded in a calendar year, the annual limit for 
that sea turtle species will be adjusted downward the following year by 
the number of interactions by which the limit was exceeded.
    (iii) No later than January 31 of each year the Regional 
Administrator will publish a notice in the Federal Register of the 
applicable annual sea turtle interaction limits established pursuant to 
paragraphs (b)(i) and (b)(ii) of this section.
    (2) Upon determination by the Regional Administrator that, based on 
data from NMFS observers, either of the two sea turtle interaction 
limits has been reached during a given calendar year:
    (i) As soon as practicable, the Regional Administrator will file for 
publication at the Office of the Federal Register a notification of the 
sea turtle interaction limit having been reached. The notification will 
include an advisement that the shallow-set component of the longline 
fishery shall be closed, and that shallow-set longline fishing north of 
the Equator by vessels registered for use under Hawaii longline limited 
access permits will be prohibited beginning at a specified date, until 
the end of the calendar year in which the sea turtle interaction limit 
was reached. Coincidental with the filing of the notification, the 
Regional Administrator will also provide actual notice that the shallow-
set component of the longline fishery shall be closed, and that shallow-
set longline fishing north of the Equator by vessels registered for use 
under Hawaii longline limited access permits will be prohibited 
beginning at a specified date, to all holders of Hawaii longline limited 
access permits via telephone, satellite telephone, radio, electronic 
mail, facsimile transmission, or post.
    (ii) Beginning on the fishery closure date indicated by the Regional 
Administrator in the notification provided to vessel operators and 
permit holders and published in the Federal Register under paragraph 
(b)(2)(i) of this section, until the end of the calendar year in which 
the sea turtle interaction limit was reached, the Hawaii-based shallow-
set component of the longline fishery shall be closed.

[[Page 487]]

    (c) [Reserved]
    (d) Vessels registered for use under a Hawaii longline limited 
access permit may not have on board at any time during a trip for which 
notification to NMFS under Sec. 665.803(a) indicated that deep-setting 
would be done any float lines less than 20 meters in length or light 
sticks. As used in this paragraph ``float line'' means a line used to 
suspend the main longline beneath a float and ``light stick'' means any 
type of light emitting device, including any fluorescent ``glow bead,'' 
chemical, or electrically powered light that is affixed underwater to 
the longline gear.
    (e) [Reserved]
    (f) Any owner or operator of a vessel registered for use under any 
longline permit issued under Sec. 665.801 must use only circle hooks 
sized 18/0 or larger, with an offset not to exceed 10 degrees, when 
shallow-setting north of the Equator (0[deg] lat.). As used in this 
paragraph, an offset circle hook sized 18/0 or larger is one with an 
outer diameter at its widest point no smaller than 1.97 inches (50 mm) 
when measured with the eye of the hook on the vertical axis (y-axis) and 
perpendicular to the horizontal axis (x-axis). As used in this 
paragraph, the allowable offset is measured from the barbed end of the 
hook, and is relative to the parallel plane of the eyed-end, or shank, 
of the hook when laid on its side.
    (g) Any owner or operator of a vessel registered for use under any 
longline permit issued under Sec. 665.801 must use only mackerel-type 
bait when shallow-setting north of the Equator (0[deg] lat.). As used in 
this paragraph, mackerel-type bait means a whole fusiform fish with a 
predominantly blue, green or gray back and predominantly gray, silver or 
white lower sides and belly.
    (h) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit may make sets only of the type 
(shallow-setting or deep-setting) indicated in the notification to NMFS 
pursuant to Sec. 665.803(a).
    (i) Vessels registered for use under Hawaii longline limited access 
permits may not be used to engage in shallow-setting north of the 
Equator (0[deg] lat.) any time during which the shallow-set component of 
the longline fishery is closed pursuant to paragraph (b)(2)(ii) of this 
section.
    (j) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit may land or possess no more than 
10 swordfish from a fishing trip for which the permit holder notified 
NMFS under Sec. 665.803(a) that the vessel would engage in a deep-
setting trip.



Sec. 665.814  Protected species workshop.

    (a) Each year, both the owner and the operator of a vessel 
registered for use under any longline permit issued under Sec. 665.801 
must attend and be certified for completion of a workshop conducted by 
NMFS on interaction mitigation techniques for sea turtles, 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 any longline 
permit issued under Sec. 665.801 must have a valid protected species 
workshop certificate issued by NMFS to the owner of the vessel, in order 
to maintain or renew their vessel registration.
    (d) An owner and an operator of a vessel registered for use under 
any longline permit issued under Sec. 665.801 must have on board the 
vessel a valid protected species workshop certificate issued by NMFS to 
the operator of the vessel, or a legible copy thereof.



Sec. 665.815  Pelagic longline seabird mitigation measures.

    (a) Seabird mitigation techniques. When deep-setting or shallow-
setting north of 23[deg] N. lat. or shallow-setting south of 23[deg] N. 
lat., owners and operators of vessels registered for use under a Hawaii 
longline limited access permit, must either side-set according to 
paragraph (a)(1) of this section, or fish in accordance with paragraph 
(a)(2) of this section.
    (1) Side-setting. Owners and operators of vessels opting to side-set 
under this section must fish according to the following specifications:
    (i) The mainline must be deployed as far forward on the vessel as 
practicable, and at least 1 m (3.3 ft) forward from the stern of the 
vessel;

[[Page 488]]

    (ii) The mainline and branch lines must be set from the port or the 
starboard side of the vessel;
    (iii) If a mainline shooter is used, the mainline shooter must be 
mounted as far forward on the vessel as practicable, and at least 1 m 
(3.3 ft) forward from the stern of the vessel;
    (iv) Branch lines must have weights with a minimum weight of 45 g 
(1.6 oz);
    (v) One weight must be connected to each branch line within 1 m (3.3 
ft) of each hook;
    (vi) When seabirds are present, the longline gear must be deployed 
so that baited hooks remain submerged and do not rise to the sea 
surface; and
    (vii) A bird curtain must be deployed. Each bird curtain must 
consist of the following three components: a pole that is fixed to the 
side of the vessel aft of the line shooter and which is at least 3 m 
(9.8 ft) long; at least three main streamers that are attached at 
regular intervals to the upper 2 m (6.6 ft) of the pole and each of 
which has a minimum diameter of 20 mm (0.8 in); and branch streamers 
attached to each main streamer at the end opposite from the pole, each 
of which is long enough to drag on the sea surface in the absence of 
wind, and each of which has a minimum diameter 10 mm (0.4 in).
    (2) Alternative to side-setting. Owners and operators of vessels 
that do not side-set must do the following:
    (i) 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, when seabirds are present;
    (ii) 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)(2)(i) of this section;
    (iii) Remove all hooks from fish, fish parts, or spent bait prior to 
its discharge in accordance with paragraph (a)(2)(i) of this section;
    (iv) 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)(2)(i) of this section;
    (v) When using basket-style longline gear north of 23[deg] N. lat., 
ensure that the main longline is deployed slack to maximize its sink 
rate;
    (vi) Use completely thawed bait that has been dyed blue to an 
intensity level specified by a color quality control card issued by 
NMFS;
    (vii) Maintain a minimum of two cans (each sold as 0.45 kg or 1 lb 
size) containing blue dye on board the vessel; and
    (viii) Follow the requirements in paragraphs (a)(3) and (a)(4) of 
this section, as applicable.
    (3) Deep-setting requirements. The following additional requirements 
apply to vessels engaged in deep-setting using a monofilament main 
longline north of 23[deg] N. lat. that do not side-set. Owners and 
operators of these vessels must do the following:
    (i) Employ a line shooter; and
    (ii) Attach a weight of at least 45 g (1.6 oz) to each branch line 
within 1 m (3.3 ft) of the hook.
    (4) Shallow-setting requirement. In addition to the requirements set 
forth in paragraphs (a)(1) and (a)(2) of this section, owners and 
operators of vessels engaged in shallow-setting that do not side-set 
must begin the deployment of longline gear at least 1 hour after local 
sunset and complete the deployment no later than local sunrise, using 
only the minimum vessel lights to conform with navigation rules and best 
safety practices.
    (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; and
    (4) Determine if the bird is alive or dead.

[[Page 489]]

    (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 USCG, 
or the USFWS 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 (11) of this section.
    (5) Place the bird in a safe enclosed place;
    (6) Immediately contact NMFS, the USCG, or the USFWS 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) 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.
    (9) Any seabird that is released in accordance with paragraph (b)(8) 
of this section or under the guidance of a veterinarian must be placed 
on the sea surface;
    (10) 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; and
    (11) 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 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.



Sec. 665.816  American Samoa longline limited entry program.

    (a) General. Under Sec. 665.801(c), certain U.S. vessels are 
required to be registered for use under a valid American Samoa longline 
limited access permit. With the exception of reductions in permits in 
vessel size Class A under paragraph (c)(1) of this section, the maximum 
number of permits will be capped at the number of initial permits 
actually issued under paragraph (f) of this section.
    (b) Terminology. For purposes of this section, the following terms 
have these meanings:
    (1) Documented participation means participation proved by, but not 
necessarily limited to, a properly submitted NMFS or American Samoa 
logbook, an American Samoa creel survey record, a delivery or payment 
record from an American Samoa-based cannery, retailer or wholesaler, an 
American Samoa tax record, an individual

[[Page 490]]

wage record, ownership title, vessel registration, or other official 
documents showing:
    (i) Ownership of a vessel that was used to fish in the EEZ around 
American Samoa, or
    (ii) Evidence of work on a fishing trip during which longline gear 
was used to harvest western Pacific pelagic MUS in the EEZ around 
American Samoa. If the applicant does not possess the necessary 
documentation of evidence of work on a fishing trip based on records 
available only from NMFS or the Government of American Samoa (e.g., 
creel survey record or logbook), the applicant may issue a request to 
PIRO to obtain such records from the appropriate agencies, if available. 
The applicant should provide sufficient information on the fishing trip 
to allow PIRO to retrieve the records.
    (2) Family means those people related by blood, marriage, and formal 
or informal adoption.
    (c) Vessel size classes. The Regional Administrator shall issue 
American Samoa longline limited access permits in the following size 
classes:
    (1) Class A: Vessels less than or equal to 40 ft (12.2 m) LOA. The 
maximum number will be reduced as Class B-1, C-1, and D-1 permits are 
issued under paragraph (f)(5) of this section.
    (2) Class B: Vessels over 40 ft (12.2 m) to 50 ft (15.2 m) LOA.
    (3) Class B-1: Maximum number of 14 permits for vessels over 40 ft 
(12.2 m) to 50 ft (15.2 m) LOA, to be made available according to the 
following schedule:
    (i) Four permits in the first calendar year after the Regional 
Administrator has issued all initial permits in Classes A, B, C, and D 
(initial issuance);
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus four 
additional permits;
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first eight, plus four 
additional permits; and
    (iv) In the fourth calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first 12, plus two 
additional permits.
    (4) Class C: Vessels over 50 ft (15.2 m) to 70 ft (21.3 m) LOA.
    (5) Class C-1: Maximum number of six permits for vessels over 50 ft 
(15.2) to 70 ft (21.3 m) LOA, to be made available according to the 
following schedule:
    (i) Two permits in the first calendar year after initial issuance;
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first two, plus two 
additional permits; and
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus two 
additional permits.
    (6) Class D: Vessels over 70 ft (21.3 m) LOA.
    (7) Class D-1: Maximum number of 6 permits for vessels over 70 ft 
(21.3 m) LOA, to be made available according to the following schedule:
    (i) Two permits in the first calendar year after initial issuance;
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first two, plus two 
additional permits; and
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus two 
additional permits.
    (d) A vessel subject to this section may only be registered with an 
American Samoa longline limited access permit of a size class equal to 
or larger than the vessel's LOA.
    (e) Initial permit qualification. Any U.S. national or U.S. citizen 
or company, partnership, or corporation qualifies for an initial 
American Samoa longline limited access permit if the person, company, 
partnership, or corporation, on or prior to March 21, 2002, owned a 
vessel that was used during the time of their ownership to harvest 
western Pacific pelagic MUS with longline gear in the EEZ around 
American Samoa, and that fish was landed in American Samoa:
    (1) Prior to March 22, 2002; or
    (2) Prior to June 28, 2002, provided that the person or business 
provided to NMFS or the Council, prior to March 22, 2002, a written 
notice of intent to participate in the pelagic longline fishery in the 
EEZ around American Samoa.
    (f) Initial permit issuance.
    (1) Any application for issuance of an initial permit must be 
submitted to

[[Page 491]]

PIRO no later than 120 days after the effective date of this final rule. 
The Regional Administrator shall publish a notice in the Federal 
Register, send notices to persons on the American Samoa pelagics mailing 
list, and use other means to notify prospective applicants of the 
availability of permits. Applications for initial permits must be made, 
and application fees paid, in accordance with Sec. Sec. 665.13(c)(1), 
665.13 (d), and 665.13 (f)(2). A complete application must include 
documented participation in the fishery in accordance with Sec. 
665.816(b)(1). If the applicant is any entity other than a sole owner, 
the application must be accompanied by a supplementary information sheet 
obtained from the Regional Administrator, containing the names and 
mailing addresses of all owners, partners, and corporate officers.
    (2) Only permits of Class A, B, C, and D will be made available for 
initial issuance. Permits of Class B-1, C-1, and D-1, will be made 
available in subsequent calendar years.
    (3) Within 30 days of receipt of a completed application, the 
Assistant Regional Administrator for Sustainable Fisheries, PIRO, shall 
make a decision on whether the applicant qualifies for an initial permit 
and will notify the successful applicant by a dated letter. The 
successful applicant must register a vessel, of the equivalent size 
class or smaller to which the qualifying vessel would have belonged, to 
the permit within 120 days of the date of the letter of notification, 
and maintain this vessel registration to the permit for at least 120 
days. The successful applicant must also submit a supplementary 
information sheet, obtained from the Regional Administrator, containing 
the name and mailing address of the owner of the vessel to which the 
permit is registered. If the registered vessel is owned by any entity 
other than a sole owner, the names and mailing addresses of all owners, 
partners, and corporate officers must be included.
    (4) An appeal of a denial of an application for an initial permit 
shall be processed in accordance with Sec. 665.801(o) of this subpart.
    (5) After all appeals on initial permits are concluded in any vessel 
size class, the maximum number of permits in that class shall be the 
number of permits issued during the initial issuance process (including 
appeals). The maximum number of permits will not change, except that the 
maximum number of Class A permits will be reduced if Class A permits are 
replaced by B-1, C-1, or D-1 permits under paragraph (h) of this 
section. Thereafter, if any Class A, B, C, or D permit becomes 
available, the Regional Administrator shall re-issue that permit 
according to the process set forth in paragraph (g) of this section.
    (g) Additional permit issuance.
    (1) If the number of permits issued in Class A, B, C, or D, falls 
below the maximum number of permits, the Regional Administrator shall 
publish a notice in the Federal Register, send notices to persons on the 
American Samoa pelagics mailing list, and use other means to notify 
prospective applicants of any available permit(s) in that class. Any 
application for issuance of an additional permit must be submitted to 
PIRO no later than 120 days after the date of publication of the notice 
on the availability of additional permits in the Federal Register. A 
complete application must include documented participation in the 
fishery in accordance with Sec. 665.816(b)(1). The Regional 
Administrator shall issue permits to persons according to the following 
priority standard:
    (i) First priority accrues to the person with the earliest 
documented participation in the pelagic longline fishery in the EEZ 
around American Samoa on a Class A sized vessel.
    (ii) The next priority accrues to the person with the earliest 
documented participation in the pelagic longline fishery in the EEZ 
around American Samoa on a Class B size, Class C size, or Class D size 
vessel, in that order.
    (iii) In the event of a tie in the priority ranking between two or 
more applicants, the applicant whose second documented participation in 
the pelagic longline fishery in the EEZ around American Samoa is first 
in time will be ranked first in priority. If there is still a tie 
between two or more applicants, the Regional Administrator will select 
the successful applicant by an impartial lottery.

[[Page 492]]

    (2) Applications must be made, and application fees paid, in 
accordance with Sec. Sec. 665.13(c)(1), 665.13(d), and 665.13(f)(2). If 
the applicant is any entity other than a sole owner, the application 
must be accompanied by a supplementary information sheet, obtained from 
the Regional Administrator, containing the names and mailing addresses 
of all owners, partners, and corporate officers that comprise ownership 
of the vessel for which the permit application is prepared.
    (3) Within 30 days of receipt of a completed application, the 
Assistant Regional Administrator for Sustainable Fisheries shall make a 
decision on whether the applicant qualifies for a permit and will notify 
the successful applicant by a dated letter. The successful applicant 
must register a vessel of the equivalent vessel size or smaller to the 
permit within 120 days of the date of the letter of notification. The 
successful applicant must also submit a supplementary information sheet, 
obtained from the Regional Administrator, containing the name and 
mailing address of the owner of the vessel to which the permit is 
registered. If the registered vessel is owned by any entity other than a 
sole owner, the names and mailing addresses of all owners, partners, and 
corporate officers must be included. If the successful applicant fails 
to register a vessel to the permit within 120 days of the date of the 
letter of notification, the Assistant Regional Administrator for 
Sustainable Fisheries shall issue a letter of notification to the next 
person on the priority list or, in the event that there are no more 
prospective applicants on the priority list, re-start the issuance 
process pursuant to paragraph (g)(1) of this section. Any person who 
fails to register the permit to a vessel under this paragraph (g)(3) 
within 120 days shall not be eligible to apply for a permit for 6 months 
from the date those 120 days expired.
    (4) An appeal of a denial of an application for a permit shall be 
processed in accordance with Sec. 665.801(o).
    (h) Class B-1, C-1, and D-1 Permits.
    (1) Permits of Class B-1, C-1, and D-1 will be initially issued only 
to persons who hold a Class A permit and who, prior to March 22, 2002, 
participated in the pelagic longline fishery around American Samoa.
    (2) The Regional Administrator shall issue permits to persons for 
Class B-1, C-1, and D-1 permits based on each person's earliest 
documented participation, with the highest priority given to that person 
with the earliest date of documented participation.
    (3) A permit holder who receives a Class B-1, C-1, or D-1 permit 
must relinquish his or her Class A permit and that permit will no longer 
be valid. The maximum number of Class A permits will be reduced 
accordingly.
    (4) Within 30 days of receipt of a completed application for a Class 
B-1, C-1, and D-1 permit, the Regional Administrator shall make a 
decision on whether the applicant qualifies for a permit and will notify 
the successful applicant by a dated letter. The successful applicant 
must register a vessel of the equivalent vessel size or smaller to the 
permit within 120 days of the date of the letter of notification. The 
successful applicant must also submit a supplementary information sheet, 
obtained from the Regional Administrator, containing the name and 
mailing address of the owner of the vessel to which the permit is 
registered. If the registered vessel is owned by any entity other than a 
sole owner, the names and mailing addresses of all owners, partners, and 
corporate officers must be included.
    (5) An appeal of a denial of an application for a Class B-1, C-1, or 
D-1 permit shall be processed in accordance with Sec. 665.801(o).
    (6) If a Class B-1, C-1, or D-1 permit is relinquished, revoked, or 
not renewed pursuant to paragraph (j)(1) of this section, the Regional 
Administrator shall make that permit available according to the 
procedure described in paragraph (g) of this section.
    (i) Permit transfer. The holder of an American Samoa longline 
limited access permit may transfer the permit to another individual, 
partnership, corporation, or other entity as described in this section. 
Applications for permit transfers must be submitted to the Regional 
Administrator within 30 days of the transfer date. If the applicant is 
any entity other than a sole owner, the application must be accompanied 
by a

[[Page 493]]

supplementary information sheet, obtained from the Regional 
Administrator, containing the names and mailing addresses of all owners, 
partners, and corporate officers. After such an application has been 
made, the permit is not valid for use by the new permit holder until the 
Regional Administrator has issued the permit in the new permit holder's 
name under Sec. 665.13(c).
    (1) Permits of all size classes except Class A. An American Samoa 
longline limited access permit of any size class except Class A may be 
transferred (by sale, gift, bequest, intestate succession, barter, or 
trade) to the following persons only:
    (i) A western Pacific community located in American Samoa that meets 
the criteria set forth in Sec. 305(I)(2) of the Magnuson-Stevens Act, 
16 U.S.C. Sec. 1855(I)(2), and its implementing regulations, or
    (ii) Any person with documented participation in the pelagic 
longline fishery in the EEZ around American Samoa.
    (2) Class A Permits. An American Samoa longline limited access 
permit of Class A may be transferred (by sale, gift, bequest, intestate 
succession, barter, or trade) to the following persons only:
    (i) A family member of the permit holder,
    (ii) A western Pacific community located in American Samoa that 
meets the criteria set forth in Sec. 305(I)(2) of the Magnuson-Stevens 
Act, 16 U.S.C. 1855, and its implementing regulations, or
    (iii) Any person with documented participation in the pelagic 
longline fishery on a Class A size vessel in the EEZ around American 
Samoa prior to March 22, 2002.
    (3) Class B-1, C-1, and D-1 Permits. Class B-1, C-1, and D-1 permits 
may not be transferred to a different owner for 3 years from the date of 
initial issuance, except by bequest or intestate succession if the 
permit holder dies during those 3 years. After the initial 3 years, 
Class B-1, C-1, and D-1 permits may be transferred only in accordance 
with the restrictions in paragraph (i)(1) of this section.
    (j) Permit renewal and registration of vessels.
    (1) Use requirements. An American Samoa longline limited access 
permit will not be renewed following 3 consecutive calendar years 
(beginning with the year after the permit was issued in the name of the 
current permit holder) in which the vessel(s) to which it is registered 
landed less than:
    (i) For permit size Classes A or B: a total of 1,000 lb (455 kg) of 
western Pacific pelagic MUS harvested in the EEZ around American Samoa 
using longline gear, or
    (ii) For permit size Classes C or D: a total of 5,000 lb (2,273 kg) 
of western Pacific pelagic MUS harvested in the EEZ around American 
Samoa using longline gear.
    (2) [Reserved]
    (k) Concentration of ownership of permits. No more than 10 percent 
of the maximum number of permits, of all size classes combined, may be 
held by the same permit holder. Fractional interest will be counted as a 
full permit for the purpose of calculating whether the 10-percent 
standard has been reached.
    (l) Three year review. Within 3 years of the effective date of this 
final rule, the Council shall consider appropriate revisions to the 
American Samoa limited entry program after reviewing the effectiveness 
of the program with respect to its biological and socioeconomic 
objectives, concerning gear conflict, overfishing, enforceability, 
compliance, and other issues.



Sec. 665.817  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 western Pacific pelagic MUS 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. 665.818.
    (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:

[[Page 494]]



------------------------------------------------------------------------
              Point                     S. lat.            W. long.
------------------------------------------------------------------------
AS-1-A..........................  13[deg]30[min]      167[deg]25[min]
AS-1-B..........................  15[deg]13[min]      167[deg]25[min]
------------------------------------------------------------------------
and from Point AS-1-A westward along the latitude 13[deg]30[min] S.
 until intersecting the U.S. EEZ boundary with Samoa, and from Point AS-
 1-B westward along the latitude 15[deg]13[min] 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]48[min]      171[deg]50[min]
AS-2-B..........................  11[deg]48[min]      170[deg]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.
------------------------------------------------------------------------



Sec. 665.818  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 western Pacific pelagic MUS 
in the American Samoa large vessel prohibited management areas, if the 
person seeking the exemption had been the owner of that vessel when it 
was registered for use with a Western Pacific general longline permit, 
and has made at least one landing of western Pacific pelagic MUS in 
American Samoa on or prior to November 13, 1997.
    (b) A landing of western Pacific pelagic MUS 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. 665.14.
    (c) An exemption is valid only for a vessel that was registered for 
use with a Western Pacific general longline permit and landed western 
Pacific pelagic MUS 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 Western Pacific general longline 
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 Western 
Pacific general longline permit and made at least one landing of western 
Pacific pelagic MUS in American Samoa on or prior to November 13, 1997, 
an exemption issued under this section will be issued to only one 
person.

[[Page 495]]



         Sec. Figure 1 to Part 665--Carapace Length of Lobsters
[GRAPHIC] [TIFF OMITTED] TR14JA10.126



          Sec. Figure 2 to Part 665--Length of Fishing Vessels
[GRAPHIC] [TIFF OMITTED] TR14JA10.127


[[Page 496]]





   Sec. Figure 3 to Part 665--Sample Fabricated Arceneaux Line Clipper
[GRAPHIC] [TIFF OMITTED] TR14JA10.128


[[Page 497]]





PART 679_FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--
Table of Contents



                            Subpart A_General

Sec.
679.1 Purpose and scope.
679.2 Definitions.
679.3 Relation to other laws.
679.4 Permits.
679.5 Recordkeeping and reporting.
679.6 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.

      Subpart C_Western Alaska Community Development Quota Program

679.30 General CDQ regulations.
679.31 CDQ and PSQ 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.

 Subpart F_American Fisheries Act and Aleutian Island Directed Pollock 
                       Fishery 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 [Reserved]

                       Subpart G_Rockfish Program

679.80 Initial allocation of rockfish QS.
679.81 Rockfish Program annual harvester and processor privileges.
679.82 Rockfish Program use caps and sideboard limits.
679.83 Rockfish Program entry level fishery.
679.84 Rockfish Program recordkeeping, permits, monitoring, and catch 
          accounting.

                     Subpart H_Amendment 80 Program

679.90 Allocation, use, and transfer of Amendment 80 QS permits.
679.91 Amendment 80 Program annual harvester privileges.
679.92 Amendment 80 Program use caps and sideboard limits.
679.93 Amendment 80 Program recordkeeping, permits, monitoring, and 
          catch accounting.
679.94 Economic data report (EDR) for the Amendment 80 sector.

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 Reporting Areas
Figure 4 to Part 679--Herring Savings Areas in the BSAI
Figure 5 to Part 679--Kodiak Island Closure Status for Vessels Using 
          Non-pelagic Trawl Gear
Figure 6 to Part 679--Length Overall of Vessel
Figure 7 to Part 679--Location of Trawl Gear Test Areas in the GOA and 
          the BSAI
Figure 8 to Part 679--Aleutian Islands Chinook Salmon Savings Area
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--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

[[Page 498]]

Figure 16 to Part 679--Bering Sea Habitat Conservation Area
Figure 17 to Part 679--Northern Bering Sea Research Area and St. 
          Lawrence Island Habitat Conservation Area
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--Nunivak Island, Etolin Strait, and Kuskokwim Bay 
          Habitat Conservation Area
Figure 22 to Part 679--Chiniak Gully Research Area (applicable through 
          December 31, 2010)
Figure 23 to Part 679--Salmon Management Area
Figure 24 to Part 679--Arctic Management Area
Table 1a to Part 679--Delivery Condition and Product Codes
Table 1b to Part 679--Discard and Disposition Codes
Table 1c to Part 679--Product Type Codes
Table 2a to Part 679--Species Codes: FMP Groundfish
Table 2b to Part 679--Species Code: FMP Prohibited Species and CR Crab
Table 2c to Part 679--Species Codes: FMP Forage Fish Species
Table 2d to Part 679--Species Codes: 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 Pollock Fisheries 
          Restrictions
Table 5 to Part 679--Steller 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 [Reserved]
Table 10 to Part 679--Gulf of Alaska Retainable Percentages
Table 11 to Part 679--BSAI Retainable Percentages
Table 12 to Part 679--Steller Sea Lion Protection Areas, 3nm No 
          Groundfish Fishing Sites
Table 13 to Part 679--Transfer Form Summary
Table 14a to Part 679--Port of Landing Codes, Alaska
Table 14b to Part 679--Port of Landing Codes: Non-Alaska
Table 14c to Part 679--At-Sea Operation Type Codes To Be Used as Port 
          Codes for Vessels Matching This Type of Operation
Table 15 to Part 679--Gear Codes, Descriptions, and Use
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 to Part 679--Seabird Avoidance Gear Requirements for Vessels, 
          Based on Area, Gear, and Vessel Type. (See Sec. 679.24(e) for 
          Complete Seabird Avoidance Program Requirements; See 
          679.24(e)(1) for Applicable Fisheries
Table 21 to Part 679--Eligible GOA Communities, Halibut IFQ Regulatory 
          Use Areas, and Community Governing Body That Recommends the 
          Community Quota Entity
Table 22 to Part 679--Alaska Seamount Habitat Protection Areas
Table 23 to Part 679--Aleutian Islands Coral Habitat Protection Areas
Table 24 to Part 679--Except as Noted, Locations in the Aleutian Islands 
          Habitat Conservation Area Open to Nonpelagic Trawl Fishing
Table 25 to Part 679--Bowers Ridge Habitat Conservation Zone
Table 26 to Part 679--Gulf of Alaska Coral Habitat Protection Areas
Table 27 to Part 679--Gulf of Alaska Slope Habitat Conservation Areas
Table 28 to Part 679--Qualifying Season Dates in the Central GOA Primary 
          Rockfish Species
Table 29 to Part 679--Initial Rockfish QS Pools
Table 30 to Part 679--Rockfish Program Retainable Percentages (in round 
          wt. equivalent)
Table 31 to Part 679--List of Amendment 80 Vessels and LLP Licenses 
          Originally Assigned to an Amendment 80 Vessel
Table 32 to Part 679--Amendment 80 Initial QS Pool
Table 33 to Part 679--Annual Apportion of Amendment 80 Species ITAC 
          Between the Amendment 80 and BSAI Trawl Limited Access Sectors 
          (Except Yellowfin Sole)
Table 34 to Part 679--Annual Apportionment of BSAI Yellowfin Sole 
          Between the Amendment 80 and BSAI Trawl Limited Access Sectors

[[Page 499]]

Table 35 to Part 679--Apportionment of Crab PSC and Halibut PSC Between 
          the Amendment 80 and BSAI Trawl Limited Access Sectors
Table 36 to Part 679--Percentage of Crab and Halibut PSC Limit Assigned 
          to Each Amendment 80 Species
Table 37 to Part 679--GOA Amendment 80 Sideboard Limit for Groundfish 
          for the Amendment 80 Sector
Table 38 to Part 679--GOA Amendment 80 Sideboard Limit for Halibut PSC 
          for the Amendment 80 Sector
Table 39 to Part 679--Amendment 80 Vessels That May Be Used to Directed 
          Fish for Flatfish in the GOA
Table 40 to Part 679--BSAI Halibut PSC Sideboard Limits for AFA Catcher/
          Processors and AFA Catcher Vessels
Table 41 to Part 679--BSAI Crab PSC Sideboard Limits for AFA Catcher/
          Processors and AFA Catcher Vessels
Table 42 to Part 679--Bering Sea Habitat Conservation Area
Table 43 to Part 679--Northern Bering Sea Research Area
Table 44 to Part 679--Nunivak Island, Etolin Strait, and Kuskokwim Bay 
          Habitat Conservation Area
Table 45 to Part 679--St. Lawrence Island Habitat Conservation Area
Table 46 to Part 679--St. Matthew Island Habitat Conservation Area
Table 47a to Part 679--Percent of the AFA Catcher/Processor Sector's 
          Pollock Allocation, Numbers of Chinook Salmon Used To 
          Calculate the Opt-out Allocation and Annual Threshold Amount, 
          and Percent Used To Calculate IPA Minimum Participation 
          Assigned to Each Catcher/Processor Under Sec. 679.21(f)
Table 47b to Part 679--Percent of the AFA Mothership Sector's Pollock 
          Allocation, Numbers of Chinook Salmon Used To Calculate the 
          Opt-Out Allocation and Annual Threshold Amount, and Percent 
          Used To Calculate IPA Minimum Participation Assigned to Each 
          Mothership Under Sec. 679.21(f)
Table 47c to Part 679--Percent of the AFA Inshore Sector's Pollock 
          Allocation, Numbers of Chinook Salmon Used To Calculate the 
          Opt-Out Allocation and Annual Threshold Amount, and Percent 
          Used To Calculate IPA Minimum Participation Assigned to Each 
          Catcher Vessel Under Sec. 679.21(f)
Table 47d to Part 679--Percent of the CDQ Program's Pollock Allocation, 
          Numbers of Chinook Salmon Used To Calculate the Opt-Out 
          Allocation and Annual Threshold Amount, and Percent Used To 
          Calculate IPA Minimum Participation Assigned to Each CDQ Group 
          Under Sec. 679.21(f)

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; Pub. 
L. 108-447.

    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, 16 U.S.C. 1801 
et seq. (Magnuson-Stevens Act) and the Northern Pacific Halibut Act of 
1982 (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 28.111, 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 Groundfish of the Bering Sea and 
Aleutian Islands Management 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

[[Page 500]]

    (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 sablefish quota shares, sablefish IFQ permits, or 
sablefish IFQ hired master permits.
    (ii) Regulations in this part do not govern commercial fishing for 
sablefish in Prince William Sound or under a State of Alaska limited 
entry program.
    (2) Halibut. Regulations in this part govern commercial fishing for 
halibut by vessels of the United States using fixed gear, as that term 
is defined in 50 CFR 679.2, in and off of Alaska.
    (e) Western Alaska CDQ Program. The goals and purpose of the CDQ 
program are to allocate CDQ to eligible Western Alaska communities to 
provide the means for starting or supporting commercial fisheries 
business activities that will result in an ongoing, regionally based, 
fisheries-related economy.
    (f) Groundfish Observer Program. 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, and supersede State of Alaska regulations 
applicable to the commercial king and Tanner crab fisheries in the 
Bering Sea and Aleutians Islands Area EEZ that are determined to be 
inconsistent with the FMP (see subpart A, B, and E of this part). 
Additional regulations governing commercial fishing for, and processing 
of, king and Tanner crab managed pursuant to section 313(j) of the 
Magnuson-Stevens Act and the Crab Rationalization Program are codified 
at 50 CFR part 680.
    (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). (1) Regulations in this part govern 
fishing for salmon by fishing vessels of the United States in the Salmon 
Management Area.
    (2) State of Alaska laws and regulations that are consistent with 
the Salmon FMP and with the regulations in this part apply to vessels of 
the United States that are fishing for salmon in the Salmon Management 
Area.
    (j) License Limitation Program (LLP). (1) Regulations in this part 
implement the LLP for the commercial groundfish fisheries in the EEZ off 
Alaska and the LLP for the commercial crab fisheries in the Bering Sea 
and Aleutians Islands Area.
    (2) Regulations in this part govern the commercial fishing for 
groundfish under the LLP by vessels of the United States using 
authorized gear within the GOA and the Bering Sea and Aleutians Islands 
Area and the commercial fishing for crab species under the LLP by 
vessels of the United States using authorized gear within the Bering Sea 
and Aleutians Islands Area.
    (k) American Fisheries Act and AI directed pollock fishery measures. 
Regulations in this part were developed by NMFS and the Council under 
the Magnuson-Stevens Act, the American Fisheries Act (AFA), and the 
Consolidated Appropriations Act of 2004 to govern commercial fishing for 
BSAI pollock according to the requirements of the AFA and the 
Consolidated Appropriations Act of 2004. 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.
    (l) Fishery Management Plan for Fish Resources of the Arctic 
Management Area. Regulations in this part govern commercial fishing for 
Arctic fish in the Arctic Management Area by vessels of the United 
States (see this subpart and subpart B of this part).

[61 FR 31230, June 19, 1996]

[[Page 501]]


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



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 means for longline or pot gear catcher 
vessel, see Sec. 679.5(c)(3)(iv)(A)(1); for longline or pot gear 
catcher/processor, see Sec. 679.5(c)(3)(iv)(B)(1); for trawl gear 
catcher vessel, see Sec. 679.5(c)(4)(iv)(A)(1); for trawl gear catcher/
processor, see Sec. 679.5(c)(4)(iv)(B)(1); for shoreside processor or 
SFP, see Sec. 679.5(c)(5)(ii); for mothership, see Sec. 
679.5(c)(6)(iv).
    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 
(ADF&G) Intent to operate processor license number (example: F12345).
    Advanced nurse practitioner means a registered nurse authorized to 
practice in any state who, because of specialized education and 
experience, is certified to perform acts of medical diagnosis and the 
prescription and dispensing of medical, therapeutic, or corrective 
measures under regulations adopted by the state Board of Nursing.
    AFA catcher vessel means a catcher vessel permitted to harvest BS 
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 BS 
pollock fishery.
    AFA entity means a group of affiliated individuals, corporations, or 
other business concerns that harvest or process pollock in the BS 
directed pollock fishery.
    AFA inshore processor means a shoreside processor or stationary 
floating processor permitted to process BS pollock under Sec. 
679.4(l)(5).
    AFA mothership means a mothership permitted to process BS pollock 
under Sec. 679.4(l)(5).
    AFA catcher/processor means:
    (1) For purposes of BS pollock and all BSAI groundfish fisheries 
other than Atka mackerel, flathead sole, Greenland turbot, Pacific cod, 
Pacific ocean perch, rock sole, and yellowfin sole, a catcher/processor 
that is permitted to harvest BS pollock under Sec. 679.4(l)(2).
    (2) For purposes of BSAI Atka mackerel, flathead sole, Greenland 
turbot, Pacific cod, Pacific ocean perch, rock sole, and yellowfin sole, 
a catcher/processor that is permitted to harvest BS pollock and that is 
listed under Sec. 679.4(l)(2)(i).
    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 provider that has the same or similar 
management, ownership, or principal employees as the observer provider 
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

[[Page 502]]

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 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

[[Page 503]]

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.
    Agent for service of process means, for purposes of Sec. 679.21(f), 
a person appointed by the members of an AFA inshore cooperative, a CDQ 
group, or an entity representing the AFA catcher/processor sector or the 
AFA mothership sector, 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 inshore cooperative, the 
entity representing the catcher/processor sector, the entity 
representing the mothership sector, or the entity representing the 
cooperative or a CDQ group and owners of all vessels directed fishing 
for pollock CDQ on behalf of that CDQ group.
    AI directed pollock fishery means directed fishing for pollock in 
the AI under the allocation to the Aleut Corporation authorized at Sec. 
679.20(a)(5)(iii).
    Alaska local time (A.l.t.) means the time in the Alaska time zone.
    Alaska Seamount Habitat Protection Areas means management areas 
established for the protection of seamount habitat areas of particular 
concern in the BSAI and GOA. See Table 22 to this part.
    Alaska State waters means waters adjacent to the State of Alaska and 
shoreward of the EEZ off Alaska.
    Aleut Corporation means the Aleut Corporation incorporated pursuant 
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
    Aleut Corporation entity means a harvester or processor selected by 
the Aleut Corporation and approved by NMFS to harvest or process pollock 
in the AI directed pollock fishery.
    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).
    Aleutian Islands Coral Habitat Protection Areas means management 
areas established for the protection of certain coral garden areas in 
reporting areas of the Aleutian Islands subarea and adjacent State 
waters. See Table 23 to this part.
    Aleutian Islands Habitat Conservation Area means a management area 
established for the protection of fish habitat in reporting areas of the 
Aleutian Islands subarea and adjacent State waters. See Table 24 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).
    Amendment 80 cooperative means a group of Amendment 80 QS holders 
who have chosen to fish cooperatively for Amendment 80 species under the 
requirements of subpart H to this part and who have applied for and 
received a CQ permit issued by NMFS to catch a quantity of fish 
expressed as a portion of the ITAC and crab and halibut PSC limits.
    Amendment 80 fishery means an Amendment 80 cooperative or the 
Amendment 80 limited access fishery.
    Amendment 80 initial QS pool means the sum of Amendment 80 QS units 
established for an Amendment 80 species in a management area based on 
the Amendment 80 official record and used for the initial allocation of 
Amendment 80 QS units and use cap calculations as described in Sec. 
679.92(a).
    Amendment 80 legal landing means the total catch of Amendment 80 
species in a management area in the BSAI by an Amendment 80 vessel that:
    (1) Was made in compliance with state and Federal regulations in 
effect at that time; and
    (2) Is recorded on a Weekly Production Report from January 20, 1998, 
through December 31, 2004; and
    (3) Amendment 80 species caught while test fishing, fishing under an 
experimental, exploratory, or scientific activity permit, or fishing 
under the Western Alaska CDQ Program are not considered Amendment 80 
legal landings.
    Amendment 80 limited access fishery means the fishery conducted in 
the BSAI by persons with Amendment 80 QS permits, Amendment 80 LLP 
licenses, or Amendment 80 vessels assigned to the Amendment 80 limited 
access fishery.
    Amendment 80 LLP license means:

[[Page 504]]

    (1) Any LLP license that is endorsed for groundfish in the Bering 
Sea subarea or Aleutian Islands subarea with a catcher/processor 
designation and that designates an Amendment 80 vessel in an approved 
application for Amendment 80 QS;
    (2) Any LLP license that designates an Amendment 80 vessel at any 
time after the effective date of the Amendment 80 Program; and
    (3) Any Amendment 80 LLP/QS license.
    Amendment 80 LLP/QS license means an LLP license originally assigned 
to an Amendment 80 vessel with an Amendment 80 QS permit assigned to 
that LLP license.
    Amendment 80 mackerel QS means Atka mackerel QS derived from 
Amendment 80 legal landings assigned to an Amendment 80 mackerel vessel.
    Amendment 80 mackerel vessel means an Amendment 80 vessel that is 
not an Amendment 80 non-mackerel vessel.
    Amendment 80 non-mackerel QS means Atka mackerel QS derived from 
Amendment 80 legal landings assigned to an Amendment 80 non-mackerel 
vessel.
    Amendment 80 non-mackerel vessel means an Amendment 80 vessel that 
is less than 200 feet in length overall and that has been used to catch 
less than 2.0 percent of the total Amendment 80 legal landings of BSAI 
Atka mackerel.
    Amendment 80 official record means information used by NMFS to 
determine eligibility to participate in the Amendment 80 Program and to 
assign specific catch privileges to Amendment 80 QS holders.
    Amendment 80 Program means the Program implemented under subpart H 
of this part to manage Amendment 80 species fisheries by limiting 
participation in these fisheries to eligible participants.
    Amendment 80 PSC means halibut and crab PSC as described in Table 35 
to this part that are allocated to the Amendment 80 sector.
    Amendment 80 QS holder means a person who is issued an Amendment 80 
QS permit by NMFS.
    Amendment 80 QS permit means a permit issued by NMFS that designates 
the amount of Amendment 80 QS units derived from the Amendment 80 legal 
landings assigned to an Amendment 80 vessel for each Amendment 80 
species in a management area.
    Amendment 80 QS pool means the sum of Amendment 80 QS units 
established for each Amendment 80 species in a management area based on 
the Amendment 80 official record.
    Amendment 80 QS unit means a measure of the Amendment 80 QS pool 
based on Amendment 80 legal landings.
    Amendment 80 sector means:
    (1) Those Amendment 80 QS holders who own Amendment 80 vessels and 
hold Amendment 80 LLP licenses; or
    (2) Those persons who hold Amendment 80 LLP/QS licenses.
    Amendment 80 species means the following species in the following 
regulatory areas:
    (1) BSAI Atka mackerel;
    (2) Aleutian Islands Pacific ocean perch;
    (3) BSAI flathead sole;
    (4) BSAI Pacific cod;
    (5) BSAI rock sole; and
    (6) BSAI yellowfin sole.
    Amendment 80 vessel means:
    (1) The vessels listed in Column A of Table 31 to this part with the 
corresponding USCG Documentation Number listed in Column B of Table 31 
to this part; or
    (2) Any vessel that:
    (i) Is not listed as an AFA catcher/processor under sections 
208(e)(1) through (20) of the American Fisheries Act; and
    (ii) Has been used to harvest with trawl gear and process not less 
than 150 mt of Atka mackerel, flathead sole, Pacific cod, Pacific ocean 
perch, rock sole, turbot, or yellowfin sole in the aggregate in the BSAI 
during the period from January 1, 1997, through December 31, 2002.
    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.
    Arctic fish means finfish, mollusks, crustaceans, and all other 
forms of marine animal and plant life other than

[[Page 505]]

marine mammals, birds, Pacific salmon, and Pacific halibut.
    Arctic Management Area, for purposes of regulations governing the 
Arctic Management Area fisheries, means all marine waters in the U.S. 
EEZ of the Chukchi and Beaufort Seas from 3 nautical miles off the coast 
of Alaska or its baseline to 200 nautical miles offshore, north of 
Bering Strait (from Cape Prince of Wales to Cape Dezhneva) and westward 
to the 1990 U.S./Russia maritime boundary line and eastward to the U.S./
Canada maritime boundary (see Figure 24 to this part).
    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;
    (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:

[[Page 506]]

    (1) Relationship with a buying station. A mothership or catcher/
processor issued an FFP, or a shoreside processor or SFP issued an FPP, 
with a contractual relationship with a buying station to conduct 
groundfish buying station activities for that processor.
    (2) Relationship with a custom processor. A mothership or catcher/
processor issued an FFP or a shoreside processor or SFP issued an FPP, 
with a contractual relationship with a custom processor to process 
groundfish on its behalf.
    At-sea operation means, for purposes of eLandings, a catcher/
processor or mothership that is receiving and/or processing fish in 
State waters and/or in waters of the EEZ off the coast of Alaska.
    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 (see Sec. 679.26, Prohibited Species Donation 
Program).
    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) Bottom contact gear means nonpelagic trawl, dredge, dinglebar, 
pot, or hook-and-line gear.
    (2) 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.
    (3) Dredge means a dredge-like device designed specifically for and 
capable of taking scallops by being towed along the ocean floor.
    (4) 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.
    (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.
    (5) 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.
    (6) Handline gear means a hand-held line, with one or more hooks 
attached, that may only be operated manually.
    (7) 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.
    (8) Jig gear means a single, non-buoyed, non-anchored line with 
hooks attached, or the taking of fish by means of such a device.
    (9) Longline gear means hook-and-line, jig, troll, and handline or 
the taking of fish by means of such a device.
    (10) 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.
    (11) Mobile bottom contact gear means nonpelagic trawl, dredge, or 
dinglebar gear.
    (12) Nonpelagic trawl means a trawl other than a pelagic trawl.
    (13) Nontrawl gear means pot and longline gear.
    (14) 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 (14)(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

[[Page 507]]

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 (14)(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 (14)(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.
    (15) 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).
    (16) 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.
    (17) 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.
    (18) 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.
    (19) 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.
    (20) Snap gear means a type of hook-and-line gear where the hook and 
gangion are attached to the groundline using a mechanical fastener or 
snap.
    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 (see Tables 10 
and 11 to this part).
    Bering Sea and Aleutian Islands Area, for purposes of regulations 
governing the commercial king and Tanner crab

[[Page 508]]

fisheries in part 680 of this Chapter, means those waters of the EEZ off 
the west coast of Alaska lying south of the Chukchi Sea statistical area 
as described in the coordinates listed for Figure 1 to this part, 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 Habitat Conservation Area means a habitat protection area 
specified at Table 42 and Figure 16 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).
    Bowers Ridge Habitat Conservation Zone means a management area 
established for the protection of the Bowers Ridge and Ulm Plateau 
habitat areas of particular concern in the BSAI. See Table 25 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 endorsement requirements.
    BSAI trawl limited access sector means fisheries conducted in the 
BSAI by persons using trawl gear and who are not:
    (1) Using an Amendment 80 vessel or an Amendment 80 LLP license; or
    (2) Fishing for CDQ groundfish.
    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.
    Calendar day means a 24-hour period that starts at 0001 hours Alaska 
local time and ends at 2400 hours Alaska local time.
    Catch (see 50 CFR 600.10.)
    Catcher/processor (C/P) 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 (C/V) 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

[[Page 509]]

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 means community development quota and is the amount of a CDQ 
reserve that is allocated to a CDQ group.
    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 and is required in all logbooks and all reports 
submitted by the CDQ group, vessels harvesting CDQ, or processors taking 
deliveries of CDQ.
    CDQ Program means the Western Alaska Community Development Quota 
Program implemented under subpart C of this part.
    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 any individual who is authorized by a CDQ 
group to sign documents submitted to NMFS on behalf of the CDQ group.
    CDQ reserve means the amount of each groundfish TAC apportioned 
under Sec. 679.20, the amount of each catch limit for halibut, or the 
amount of TAC for crab that has been set aside for purposes of the CDQ 
Program.
    CDQ species means any species or species group that is allocated 
from a CDQ reserve to a CDQ group.
    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 bycatch incentive plan agreement (IPA) is a voluntary 
private contract, approved by NMFS under Sec. 679.21(f)(12), that 
establishes incentives for participants to avoid Chinook salmon bycatch 
while directed fishing for pollock in the Bering Sea subarea.
    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 salmon fishery, fishing for salmon for sale 
or barter.
    (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.
    (3) For purposes of Arctic fish, the resulting catch of fish in the 
Arctic Management Area which either is, or is intended to be, sold or 
bartered but does not include subsistence fishing for Arctic fish, as 
defined in this subsection.
    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 quota entity (CQE) means a non-profit organization that:
    (1) Did not exist prior to April 10, 2002;
    (2) Represents at least one eligible community that is listed in 
Table 21 of this part; and,

[[Page 510]]

    (3) Has been approved by the Regional Administrator to obtain by 
transfer and hold QS, and to lease IFQ resulting from the QS on behalf 
of an eligible community.
    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.
    Cooperative quota (CQ):
    (1) For purposes of the Amendment 80 Program means:
    (i) The annual catch limit of an Amendment 80 species that may be 
caught by an Amendment 80 cooperative while fishing under a CQ permit;
    (ii) The amount of annual halibut and crab PSC that may be used by 
an Amendment 80 cooperative while fishing under a CQ permit.
    (2) For purposes of the Rockfish Program means:
    (i) The annual catch limit of a primary rockfish species or 
secondary species that may be harvested by a rockfish cooperative while 
fishing under a CQ permit;
    (2) The amount of annual halibut PSC that may be used by a rockfish 
cooperative in the Central GOA while fishing under a CQ permit (see 
rockfish halibut PSC in this section).
    C. Opilio Crab Bycatch Limitation Zone (COBLZ) (see Sec. 679.21(e) 
and Figure 13 to this part.
    CQ permit means a permit issued to an Amendment 80 cooperative under 
Sec. 679.4(o)(2) or to a rockfish cooperative under Sec. 679.4(n)(1).
    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 providers under this section; an 
observer or observer provider 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 contact for the Aleut Corporation means an individual who 
is designated by the Aleut Corporation for the purpose of communication 
with NMFS regarding the identity of selected AI directed pollock fishery 
participants and weekly reports required by Sec. 679.5.
    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

[[Page 511]]

least 90 percent of its BS 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 an individual's spouse, immediate family member or parent 
that could be influenced by performance or non-performance of observer 
or observer provider duties.
    Directed fishing means:
    (1) Unless indicated otherwise, 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.
    (3) With respect to crab species under this part, the catching and 
retaining of any crab species.
    (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).
    Economic data report (EDR) means the report of cost, labor, 
earnings, and revenue data required under Sec. 679.94.
    eLandings means the Internet data entry system or desktop client 
components of the Interagency Electronic Reporting System (IERS) for 
reporting commercial fishery landings and production from waters off 
Alaska.
    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

[[Page 512]]

    (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).
    Eligible community means:
    (1) 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:
    (i) The community is located within 50 nm from the baseline from 
which the breadth of the territorial sea is measured along the Bering 
Sea coast from the Bering Strait to the 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;
    (ii) That is certified by the Secretary of the Interior pursuant to 
the Native Claims Settlement Act (P.L. 92-203) to be a native village;
    (iii) Whose residents conduct more than half of their current 
commercial or subsistence fishing effort in the waters of the BSAI; and
    (iv) That has not previously deployed 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 investment. The community of Unalaska is excluded under this 
provision.
    (2) For purposes of the IFQ program, a community that is listed in 
Table 21 to this part, and that:
    (i) Is a municipality or census designated place, as defined in the 
2000 United States Census, located on the GOA coast of the North Pacific 
Ocean;
    (ii) Has a population of not less than 20 and not more than 1,500 
persons based on the 2000 United States Census;
    (iii) Has had a resident of that community with at least one 
commercial landing of halibut or sablefish made during the period from 
1980 through 2000, as documented by the State of Alaska Commercial 
Fisheries Entry Commission; and
    (iv) Is not accessible by road to a community larger than 1,500 
persons based on the 2000 United States Census.
    Eligible community resident means, for purposes of the IFQ Program, 
any individual who:
    (1) Is a citizen of the United States;
    (2) Has maintained a domicile in a rural community listed in Table 
21 to this part for the 12 consecutive months immediately preceding the 
time when the assertion of residence is made, and who is not claiming 
residency in another community, state, territory, or country, except 
that residents of the Village of Seldovia shall be considered to be 
eligible community residents of the City of Seldovia for the purposes of 
eligibility to lease IFQ from a CQE; and
    (3) Is an IFQ crew member.
    Eligible rockfish harvester means a person who is permitted by NMFS 
to hold rockfish QS.
    Eligible rockfish processor means a person who is authorized by NMFS 
to receive and process primary rockfish species and secondary rockfish 
species harvested by a rockfish cooperative or in a rockfish limited 
access fishery.
    Eligible vessel means, for the purposes of the CDQ Program, a 
fishing vessel designated by a CDQ group to harvest part or all of its 
CDQ allocation and approved by NMFS under Sec. 679.32(c).
    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).
    Federally permitted vessel means a vessel that is named on either a 
Federal fisheries permit issued pursuant to Sec. 679.4(b) or on a 
Federal crab vessel permit issued pursuant to Sec. 680.4(k) of this 
chapter. Federally permitted vessels must conform to regulatory 
requirements for purposes of fishing restrictions in habitat 
conservation areas, habitat conservation zones, and habitat protection 
areas; for purposes

[[Page 513]]

of anchoring prohibitions in habitat protection areas; and for purposes 
of VMS requirements.
    Fishery cooperative or cooperative means any entity cooperatively 
managing directed fishing for BS 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 trip means: (1) Retention requirements (MRA, IR/IU, and 
pollock roe stripping) and R&R requirements under Sec. 679.5.
    (i) Catcher/processors and motherships. An operator of a catcher/
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 any of the following events occur:
    (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) Catcher vessels. 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.
    (4) For purposes of Sec. 679.7(n)(7), the period beginning when a 
vessel operator commences harvesting any Rockfish Program species and 
ending when the vessel operator offloads or transfers any processed or 
unprocessed Rockfish Program species from that vessel.
    (5) For purposes of Sec. 679.7(o)(4), the period beginning when a 
vessel operator

[[Page 514]]

commences harvesting any Amendment 80 species and ending when the vessel 
operator offloads or transfers any processed or unprocessed Amendment 80 
species from that vessel.
    (6) For purposes of Sec. 679.7(d)(9) for CDQ groups and Sec. 
679.7(k)(8)(ii) for AFA entities, the period beginning when a vessel 
operator commences harvesting any pollock that will accrue against a 
directed fishing allowance for pollock in the BS or against a pollock 
CDQ allocation harvested in the BS and ending when the vessel operator 
offloads or transfers any processed or unprocessed pollock from that 
vessel.
    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 2c to this part and Sec. 679.20(i)).
    Gear (see the definition for Authorized fishing gear of this 
section).
    Gear deployment (or to set gear) (see Sec. 679.5(c)(3)(vi)(B) for 
longline and pot gear; see Sec. 679.5(c)(4)(vi)(B) for trawl gear).
    Gear retrieval (or to haul gear) (see Sec. 679.5(c)(3)(vi)(C) for 
longline and pot gear; see Sec. 679.5(c)(4)(vi)(C) for trawl gear).
    Groundfish means (1) FMP species as listed in Table 2a 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 that 
results in the catch of any groundfish CDQ species, but that does not 
meet the definition of halibut CDQ fishing.
    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, 2a, 2c, and 2d to this part.
    Groundfish Retention Standard (GRS) means the retention and 
utilization standard for groundfish described at Sec. 679.27(j).
    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).
    Gulf of Alaska Coral Habitat Protection Areas means management areas 
established for the protection of coral habitat areas of particular 
concern in the Gulf of Alaska. See Table 26 to this part.
    Gulf of Alaska Slope Habitat Conservation Areas means management 
areas established for the protection of essential fish habitat on the 
Gulf of Alaska slope. See Table 27 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

[[Page 515]]

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)).
    Halibut PSC sideboard limit means the maximum amount of halibut PSC 
that may be used from July 1 through July 31 by eligible rockfish 
harvesters or rockfish cooperatives in the West Yakutat District, 
Central GOA, and Western GOA as established under Sec. 679.82(d), as 
applicable.
    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 
Sec. Sec. 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 Sec. Sec. 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 means the retrieval of trawl gear which results in catching 
fish or which does not result in catching fish; a test of trawl gear; or 
when non-functional gear is pulled in, even if no fish are harvested. 
All hauls of any type need to be recorded and numbered throughout the 
year, whether or not fish are caught.
    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).
    Hook-and-line catcher/processor means a catcher/processor vessel 
that is named on a valid LLP license that is noninterim and 
transferable, or that is interim and subsequently becomes noninterim and 
transferable, and that is endorsed for Bering Sea or Aleutian Islands 
catcher/processor fishing activity, catcher/processor, Pacific cod, and 
hook-and-line gear.
    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

[[Page 516]]

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 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.
    Initial rockfish QS pool means the sum of rockfish QS units 
established for a Rockfish Program fishery based on the official 
Rockfish Program record and used for the initial allocation of rockfish 
QS units and use cap calculations as described in Sec. 679.82(a).
    Initial Total Allowable Catch (ITAC) means the tonnage of a TAC for 
an Amendment 80 species in a management area that is available for 
apportionment to the BSAI trawl limited access sector and the Amendment 
80 sector in a calendar year after deducting from the TAC the CDQ 
reserve, the incidental catch allowance the Regional Administrator 
determines is required on an annual basis, as applicable, to account for 
projected incidental catch of an Amendment 80 species by non-Amendment 
80 vessels engaged in directed fishing for groundfish and, for Atka 
mackerel, the Atka mackerel jig allocation.
    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

[[Page 517]]

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.
    Interagency electronic reporting system (IERS) means an interagency 
electronic reporting system that allows fishery participants to use the 
Internet or desktop client software named eLandings to enter landings 
and production data for appropriate distribution to the ADF&G, IPHC, and 
NMFS Alaska Region (see Sec. 679.5(e)).
    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.
    Legal rockfish landing for purposes of qualifying for the Rockfish 
Program means groundfish caught and retained in compliance with state 
and Federal regulations in effect at that time unless harvested and then 
processed as meal, and
    (1) For catcher vessels: (i) The harvest of groundfish from the 
Central GOA regulatory area that is offloaded and recorded on a State of 
Alaska fish ticket during the directed fishing season for that primary 
rockfish species as established in Table 28 to this part; and
    (ii) An amount of halibut PSC attributed to that sector during the 
directed fishing season for the primary rockfish species as established 
in Table 28 to this part.
    (2) For catcher/processors: (i) The harvest of groundfish from the 
Central GOA regulatory area that is recorded on aproduction report based 
on harvests during the directed fishing season for that primary rockfish 
species as established in Table 28 to this part; and
    (ii) An amount of halibut PSC attributed that sector during the 
directed fishing season for the primary rockfish species as established 
in Table 28 to this part.
    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. longitude, 
sablefish managed under the IFQ program, and pollock allocated to the 
Aleutian Islands directed pollock fishery and harvested by vessels 60 
feet (18.3 m) LOA or less, are not considered license limitation 
groundfish.
    Licensed medical doctor means a person who is licensed, certified, 
and/or registered in accordance with applicable Federal, state, or local 
laws and

[[Page 518]]

regulations, and is authorized to conduct the practice of medicine as 
defined by the state in which the person resides.
    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 harvest BS pollock under Sec. 679.4(l)(2)(i).
    LLP license originally assigned to an Amendment 80 vessel means the 
LLP license listed in Column C of Table 31 to this part that corresponds 
to the vessel listed in Column A of Table 31 to this part with the USCG 
Documentation Number listed in Column B of Table 31 to this part.
    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, BSAI, or Arctic Management Area.
    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.
    Maximum retainable amount (MRA) (see Sec. 679.20(e)).
    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

[[Page 519]]

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).
    Non-Chinook salmon bycatch reduction intercooperative agreement 
(ICA) is a voluntary non-Chinook salmon bycatch avoidance agreement, as 
described at Sec. 679.21(g) and approved by NMFS, for directed pollock 
fisheries in the Bering Sea subarea.
    Non-IFQ groundfish means groundfish, other than IFQ sablefish.
    Non-individual entity means a person who is not an individual or 
``natural'' person; it includes corporations, partnerships, estates, 
trusts, joint ventures, joint tenancy, and any other type of ``person'' 
other than a natural person.
    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-allocated secondary species (see Rockfish Program species in 
this section).
    Non-chinook salmon means coho, pink, chum or sockeye salmon.
    North Pacific fishery means any commercial fishery in state or 
Federal waters off Alaska.
    Northern Bering Sea Research Area means a habitat research area 
specified at Table 43 and Figure 17 to this part.
    Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat 
Conservation Area means a habitat protection area specified at Table 44 
and Figure 21 to this part.
    Observed means observed by one or more observers (see 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

[[Page 520]]

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.
    Official Rockfish Program record means information used by NMFS 
necessary to determine eligibility to participate in the Rockfish 
Program and assign specific harvest or processing privileges to Rockfish 
Program participants.
    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.
    Operate a vessel means for purposes of VMS that the fishing vessel 
is:
    (1) Offloading or processing fish;
    (2) In transit to, from, or between the fishing areas; or
    (3) Fishing or conducting operations in support of fishing.
    Optimum yield means:
    (1) With respect to the salmon fishery, that amount of any species 
of salmon that 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 and Arctic fisheries, see Sec. 
679.20(a)(1).
    Opt-out fishery means the fishery conducted by persons who are 
eligible rockfish harvesters holding an LLP license endorsed for 
catcher/processor activity and who are not participating in a rockfish 
cooperative or the rockfish limited access fishery in the catcher/
processor sector.
    Other flatfish (see Table 11 to this part pursuant to Sec. 
679.20(c).)
    Other gear means gear other than authorized fishing gear.
    Other rockfish (see Tables 10 and 11 to this part pursuant to Sec. 
679.20(c); see also ``rockfish'' in this section.)
    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(e)).
    Permit means documentation granting permission to fish and includes 
``license'' as a type of permit.
    Person means any individual (whether or not a citizen or national of 
the United States), any corporation, partnership, association, or other 
non-individual entity (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 salmon fishery, 
fishing other than commercial fishing.
    Pollock roe means product consisting of pollock eggs, either loose 
or in sacs or skeins.
    Pot catcher/processor means a catcher/processor vessel that is named 
on a valid LLP license that is noninterim and transferable, or that is 
interim and subsequently becomes noninterim and transferable, and that 
is endorsed for Bering Sea or Aleutian Islands catcher/processor fishing 
activity, catcher/processor, Pacific cod, and pot gear.
    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 community health aide means a person who has completed the 
first of three levels of community health aide training offered by the 
Norton Sound Health Corporation at the Nome Hospital, the Kuskokwim 
Community College in Bethel, the Alaska Area Native Health Service in 
Anchorage, or another accredited training center.
    Primary product (see Table 1 to this part).
    Primary rockfish species (see Rockfish Program species in this 
section).
    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

[[Page 521]]

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 (see Table 2b to this part), caught 
by a vessel issued an FFP under Sec. 679.4(b) 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 
Table 2b to this part.
    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 means prohibited species quota and is the amount of a PSQ 
reserve that is allocated to a CDQ group.
    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 reserve means the percentage 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).
    PSQ species means any species or species group that has been 
allocated from a PSQ reserve to a CDQ group.
    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, 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.

[[Page 522]]

    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)).
    Registered crab receiver (RCR) means a person issued an RCR permit, 
described under 50 CFR part 680, by the Regional Administrator.
    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 Sec. Sec. 600.10 and 679.27 of this chapter.)
    Rockfish means:
    (1) For the Gulf of Alaska: Any species of the genera Sebastes or 
Sebastolobus except Sebastes ciliatus (dark rockfish); Sebastes melanops 
(black rockfish); and Sebastes mystinus (blue rockfish).
    (2) For the Bering Sea and Aleutian Islands Management Area: Any 
species of the genera Sebastes or Sebastolobus except Sebastes ciliatus 
(dark rockfish).
    Rockfish cooperative means a group of eligible rockfish harvesters 
who have chosen to form a rockfish cooperative under the requirements of 
Sec. 679.81(i) in order to combine and harvest fish collectively under 
a CQ permit issued by NMFS.
    Rockfish entry level fishery means the trawl and longline gear 
fisheries conducted under the Rockfish Program by rockfish entry level 
harvesters and rockfish entry level processors.
    Rockfish entry level harvester means a person who is authorized by 
NMFS to harvest fish in the rockfish entry level fishery and who is not 
an eligible rockfish harvester.
    Rockfish entry level processor means a person who is authorized by 
NMFS to receive and process fish harvested under the rockfish entry 
level fishery and who is not an eligible rockfish processor.
    Rockfish halibut PSC means the amount of halibut PSC that may be 
used by a rockfish cooperative in the Central GOA as assigned on a CQ 
permit.
    Rockfish limited access fishery means the fishery for primary 
rockfish species conducted by persons who are eligible rockfish 
harvesters or eligible rockfish processors and who are not participating 
in a rockfish cooperative or opt-out fishery for that applicable sector.
    Rockfish Program means the program authorized under the authority of 
Section 802 of the Consolidated Appropriations Act of 2004 (Public Law 
108-199) and implemented under subpart G of this part to manage Rockfish 
Program fisheries.
    Rockfish Program fisheries means one of following fisheries under 
the Rockfish Program:
    (1) A rockfish cooperative in the catcher/processor sector;
    (2) A rockfish cooperative in the catcher vessel sector;
    (3) The limited access fishery in the catcher/processor sector;
    (4) The limited access fishery in the catcher vessel sector;
    (5) The opt-out fishery;
    (6) The entry level trawl fishery; and
    (7) The entry level longline gear fishery.

[[Page 523]]

    Rockfish Program species means the following species in the Central 
GOA regulatory area that are managed under the authority of the Rockfish 
Program:
    (1) Primary rockfish species means northern rockfish, Pacific ocean 
perch, and pelagic shelf rockfish.
    (2) Secondary species means the following species:
    (i) Sablefish not allocated to the IFQ Program;
    (ii) Thornyhead rockfish;
    (iii) Pacific cod for the catcher vessel sector;
    (iv) Rougheye rockfish for the catcher/processor sector; and
    (v) Shortraker rockfish for the catcher/processor sector.
    (3) Non-allocated secondary species means the following species:
    (i) Aggregate forage fish, Atka mackerel, arrowtooth flounder, deep 
water flatfish, flathead sole, other rockfish, ``other species,'' 
pollock, rex sole, shallow water flatfish, and skates;
    (ii) Pacific cod for the catcher/processor sector; and
    (iii) Rougheye rockfish and shortraker rockfish for the catcher 
vessel sector.
    Rockfish Quota Share (QS) means a permit the amount of which is 
based on legal rockfish landings for purposes of qualifying for the 
Rockfish Program and that are assigned to an LLP license.
    Rockfish QS pool means the sum of rockfish QS units established for 
the Rockfish Program fishery based on the official Rockfish Program 
record.
    Rockfish QS unit means a measure of QS based on legal rockfish 
landings.
    Rockfish sideboard fisheries means fisheries that are assigned a 
sideboard limit that may be harvested by participants in the Rockfish 
Program.
    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).
    Salmon Management Area means the waters of the EEZ off the coast of 
Alaska (see Figure 23 to part 679), including parts of the North Pacific 
Ocean, Bering Sea, Chukchi Sea, and Beaufort Sea. The Salmon Management 
Area is divided into a West Area and an East Area with the border 
between the two at the longitude of Cape Suckling 
(143[deg]53[min]36[sec] W):
    (1) The West Area is the area of the EEZ off the coast of Alaska 
west of the longitude of Cape Suckling (143[deg]53[min]36[sec] W). It 
includes the EEZ in the Bering Sea, Chukchi Sea, and Beaufort Sea, as 
well as the EEZ in the North Pacific Ocean west of Cape Suckling.
    (2) The East Area is the area of the EEZ off the coast of Alaska 
east of the longitude of Cape Suckling (143[deg]53[min]36[sec] W).
    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.).
    Seabird means those bird species that habitually obtain their food 
from the sea below the low water mark.
    Seabird avoidance gear (see Sec. Sec. 679.24(e), 679.42(b)(2), and 
Table 19 to this part).
    Secondary species (see Rockfish Program species in this section).

[[Page 524]]

    Sector for purposes of the Rockfish Program means:
    (1) Catcher/processor sector: those eligible rockfish harvesters who 
hold an LLP license with a catcher/processor designation and who are 
eligible to receive rockfish QS that may result in CQ that may be 
harvested and processed at sea.
    (2) Catcher vessel sector: those eligible rockfish harvesters who 
hold an LLP license who are eligible to receive rockfish QS that may 
result in CQ that may not be harvested and processed at sea.
    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, 
purchases, or arranges to purchase, unprocessed groundfish, except 
catcher/processors, motherships, buying stations, restaurants, or 
persons receiving groundfish for personal consumption or bait.
    Shoreside processor electronic logbook report (SPELR) (discontinued, 
see definition of ``eLandings'' under this section).
    Shucking machine means any mechanical device that automatically 
removes the meat or the adductor muscle from the shell.
    Sideboard limit for purposes of the Rockfish Program means:
    (1) The maximum amount of northern rockfish, Pacific ocean perch, 
and pelagic shelf rockfish that may be harvested by all vessels in the 
Rockfish Program in all areas as specified under Sec. 679.82(d) through 
(h), as applicable;
    (2) The maximum amount of BSAI Pacific cod that may be harvested by 
catcher vessels in all areas as specified under Sec. 679.82(d) through 
(h), as applicable; or
    (3) The maximum amount of halibut PSC that may be used by all 
vessels in all areas as specified under Sec. 679.82(d) through (h), as 
applicable.
    Sideboard ratio for purposes of the Rockfish Program means a portion 
of a sideboard limit for a groundfish fishery that is assigned to the 
catcher vessel sector or catcher/processor sector based on the catch 
history of vessels in that sector.
    Single geographic location (see Sec. 679.4(l)(5)(iii)).
    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.
    St. Lawrence Island Habitat Conservation Area means a habitat 
protection area specified at Table 45 to this part.
    St. Matthew Island Habitat Conservation Area means a habitat 
protection area specified at Table 46 to this part.
    State means the State of Alaska.
    Stationary floating processor (SFP) 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.
    Subsistence fishing for purposes of fishing in the Arctic Management 
Area means the harvest of Arctic fish and Pacific salmon for non-
commercial, long-term, customary and traditional use necessary to 
maintain the life of the taker or those who depend upon the taker to 
provide them with such subsistence.
    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,

[[Page 525]]

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 providers 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 (Sec. Sec. 1.501 to 1.640).
    Tender vessel (see also the definition of ``buying station'' under 
this section) means a vessel that is used to transport unprocessed fish 
or shellfish received from another vessel to an associated processor.
    Ten percent or greater direct or indirect ownership interest for 
purposes of the Amendment 80 Program and Rockfish Program means a 
relationship between two or more persons in which one directly or 
indirectly owns or controls a 10 percent or greater interest in, or 
otherwise controls, another person; or a third person which directly or 
indirectly owns or controls, or otherwise controls a 10 percent or 
greater interest in both. For the purpose of this definition, the 
following terms are further defined:
    (1) Person. A person is a person as defined in this section.
    (2) Indirect interest. An indirect interest is one that passes 
through one or more intermediate persons. A person's percentage of 
indirect interest in a second person is equal to the person's percentage 
of direct interest in an intermediate person multiplied by the 
intermediate person's direct or indirect interest in the second person.
    (3) Controls a 10 percent or greater interest. A person controls a 
10 percent or greater interest in a second person if the first person:
    (i) Controls a 10 percent ownership share of the second person; or
    (ii) Controls 10 percent or more of the voting or controlling stock 
of the second person.
    (4) Otherwise controls. A person otherwise controls another person, 
if it has:
    (i) The right to direct, or does direct, the business of the other 
person;
    (ii) The right in the ordinary course of business to limit the 
actions of, or replace, or does limit or replace, the chief executive 
officer, a majority of the board of directors, any general partner, or 
any person serving in a management capacity of the other person;
    (iii) The right to direct, or does direct, the Rockfish Program 
fishery processing activities of that other person;
    (iv) The right to restrict, or does restrict, the day-to-day 
business activities and management policies of the other person through 
loan covenants;
    (v) The right to derive, or does derive, either directly, or through 
a minority shareholder or partner, and in favor of the other person, a 
significantly disproportionate amount of the economic benefit from the 
processing of fish by that other person;
    (vi) The right to control, or does control, the management of, or to 
be a controlling factor in, the other person;
    (vii) The right to cause, or does cause, the purchase or sale of 
fish processed by that person;
    (viii) Absorbs all of the costs and normal business risks associated 
with ownership and operation of the other person; or
    (ix) Has the ability through any other means whatsoever to control 
the other person.
    Transfer means:

[[Page 526]]

    (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.
    (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 BS 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 non-
individual 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.
    User means, for purposes of IERS and eLandings, an individual 
representative of a Registered Buyer; a Registered Crab Receiver; a 
mothership or catcher/processor that is required to have a Federal 
Fisheries Permit (FFP) under Sec. 679.4; a shoreside processor or SFP 
and mothership that receives groundfish from vessels issued an FFP under 
Sec. 679.4; any shoreside processor or SFP that is required to have a 
Federal processor permit under Sec. 679.4; and his or her designee(s).
    User identification (UserID), for purposes of IERS and eLandings, 
means the string of letters and/or numbers that identifies the 
individual and gives him or her authorization to view and submit reports 
for specific operations or to otherwise use eLandings. To facilitate the 
management of Users and privileges and to provide for data security, a 
separate UserID is issued to each individual.
    Vessel Activity Report (VAR) (see Sec. 679.4(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)).
    Week-ending date means the last day of the weekly reporting period 
which ends on Saturday at 2400 hours, A.l.t., except during the last 
week of each calendar year, when it ends at 2400 hours, A.l.t., December 
31.
    Weekly production report (WPR) is no longer required (see Sec. 
679.5(e)(9) and (10)).
    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

[[Page 527]]

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.



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 crabs. Additional regulations governing 
conservation and management of king crabs and Tanner crabs in the Bering 
Sea and Aleutian Islands Area are contained in 50 CFR part 680 and 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 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 Salmon Fishery east of Cape Suckling 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. 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).
    (4) Commercial fishing for salmon in the EEZ west of Cape Suckling 
is not allowed except in three net fisheries managed by the State of 
Alaska as described in Section 2.2.2 and Appendix C of the Salmon FMP. 
For State of Alaska regulations governing these fisheries, see 5 Alaska 
Administrative Code 09 (Alaska Peninsula), 5 Alaska Administrative Code 
21 (Cook Inlet), and 5 Alaska Administrative Code 24 (Prince William 
Sound).
    (5) 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.
    (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

[[Page 528]]

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; 69 FR 877, Jan. 7, 2004; 70 FR 
10232, Mar. 2, 2005]



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 hired master permit or a CDQ hired master permit 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 parts 300 and 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.

------------------------------------------------------------------------
                                     Permit is in
 If program permit or card type    effect from issue       For more
               is:                 date through the   information, see .
                                        end of:               . .
------------------------------------------------------------------------
(i) IFQ:                          ..................  ..................
  (A) Registered buyer..........  Until expiration    Paragraph
                                   date shown on       (d)(3)(ii) of
                                   permit.             this section
  (B) Halibut & sablefish         Specified fishing   Paragraph (d)(1)
   permits.                        year.               of this section
  (C) Halibut & sablefish hired   Specified fishing   Paragraph (d)(2)
   master permits.                 year.               of this section
  (ii) CDQ Halibut..............  ..................  ..................
  (A) Halibut permit............  Specified fishing   Paragraph (e) of
                                   year.               this section
  (B) Halibut hired master        Specified fishing   Paragraph (e) of
   permit.                         year.               this section
(iii) AFA:
  (A) Catcher/processor.........  Indefinite........  Paragraph (l) of
                                                       this section
  (B) Catcher vessel............  Indefinite........  Paragraph (l) of
                                                       this section
  (C)Mothership.................  Indefinite........  Paragraph (l) of
                                                       this section
  (D) Inshore processor.........  Indefinite........  Paragraph (l) of
                                                       this section
  (E) Inshore cooperative.......  Calendar year.....  Paragraph (l) of
                                                       this section
  (F) Replacement vessel........  Indefinite........  Paragraph (l) of
                                                       this section
(iv) Groundfish:
  (A) Federal fisheries.........  Until expiration    Paragraph (b) of
                                   date shown on       this section
                                   permit.
  (B) Federal processor.........  Until expiration    Paragraph (f) of
                                   date shown on       this section
                                   permit.
(v) Salmon permit                 Indefinite........  Paragraph (h) of
                                                       this section
(vi) High Seas Fishing            5 years...........  Sec. 300.10 of
 Compliance Act (HSFCA)                                this title
(vii) License Limitation Program
 (LLP):
  (A) Groundfish license........  Specified fishing   Paragraph (k) of
                                   year or interim     this section
                                   (active until
                                   further notice).
  (B) Crab license..............  Specified fishing   Paragraph (k) of
                                   year or interim     this section
                                   (active until
                                   further notice).
  (C) Scallop license...........  Indefinite........  Paragraph (g) of
                                                       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
(xi) Special Subsistence
 Permits:
  (A) Community Harvest Permit..  1 year............  Sec. 300.65 of
                                                       this title
  (B) Ceremonial or Educational   30 days...........  Sec. 300.65 of
   Permit.                                             this title
(xii) Rockfish Program:
  (A) CQ........................  Specified fishing   Sec.
                                   year.               679.81(e)(4)
  (B) Rockfish Limited Access     Specified fishing   Sec.
   Fishery.                        year.               679.81(e)(5)
  (C) Optout Fishery............  Specified fishing   Sec.
                                   year.               679.81(e)(6)
  (D) Rockfish Entry Level        Specified fishing   Sec.
   Fishery.                        year.               679.81(e)(7)
(xiii) Amendment 80 Program:
(A) Amendment 80 QS permit......  Indefinite........  Sec. 679.90(b).
(B) CQ permit...................  Specified fishing   Sec. 679.91(b).
                                   year.
(C) Amendment 80 limited access   Specified fishing   Sec. 679.91(b).
 fishery.                          year.
(xiv) Crab Rationalization        see Sec. 680.4    Sec. 680.4 of
 Program permits                   of this chapter.    this chapter
  (A) Crab Quota Share permit...  Indefinite........  Sec. 680.4(b) of
                                                       this chapter
  (B) Crab Processor Quota Share  Indefinite........  Sec. 680.4(c) of
   permit.                                             this chapter
  (C) Crab Individual Fishing     Specified fishing   Sec. 680.4(d) of
   Quota (IFQ) permit.             year.               this chapter
  (D) Crab Individual Processor   Specified fishing   Sec. 680.4(e) of
   Quota (IPQ) permit.             year.               this chapter
  (E) Crab IFQ hired master       Specified fishing   Sec. 680.4(g) of
   permit.                         year.               this chapter
  (F) Registered Crab receiver    Specified fishing   Sec. 680.4(i) of
   permit.                         year.               this chapter
  (G) Federal crab vessel permit  Specified fishing   Sec. 680.4(k) of
                                   year.               this chapter
  (H) Crab harvesting             Specified fishing   Sec. 680.21(b)
   cooperative IFQ permit.         year.               of this chapter
------------------------------------------------------------------------


[[Page 529]]

    (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. For subsistence permits, refer to Sec. 
300.65 of this title for recordkeeping and reporting requirements.
    (3) Permit application. (i) A person may obtain an application for a 
new permit or for renewal or revision of an existing permit for any of 
the permits under this section and must submit forms to NMFS as 
instructed in application instructions. With appropriate software, all 
permit applications may be completed online and printed from the Alaska 
Region website at http://alaskafisheries.noaa.gov.
    (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) The operator, manager, Registered Buyer, or Registered Crab 
Receiver must obtain a separate permit for each applicant, facility, or 
vessel, as appropriate to each Federal permit in
    this section (Sec. 679.4) and retain a copy of each permit 
application, whether the application is requesting an initial permit or 
renewing or revising an existing permit.
    (iv) The information requested on the application must be typed or 
printed legibly.
    (v) All permits are issued free of charge.
    (4) [Reserved]
    (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 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.
    (9) Permit surrender. The Regional Administrator will recognize the 
voluntary surrender of a permit issued in this section, Sec. 679.4, if 
a permit may be surrendered and it is submitted by the person named on 
the permit, owner of record, or agent. Submit the original permit to 
Program Administrator, RAM Program, P.O. Box 21668, Juneau, AK 99802, by 
certified mail or other method that provides written evidence that NMFS 
Alaska Region received it. The receiving date of signature by NMFS staff 
is the date the permit was surrendered.
    (b) Federal fisheries permit (FFP)--(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. An FFP authorizes a vessel owner 
to deploy a vessel to conduct operations in the GOA or BSAI under the 
following categories: Catcher vessel, catcher/processor, mothership, 
tender vessel, or support vessel. A vessel may not be operated in a 
category other than as specified on the FFP, except that a catcher 
vessel, catcher/processor, mothership, or tender vessel may be operated 
as a support vessel.

[[Page 530]]

    (4) Duration--(i) Length of permit effectiveness. An FFP is in 
effect from the effective date through the expiration date, unless it is 
revoked, suspended, surrendered in accordance with paragraph (a)(9) of 
this section, or modified under Sec. 600.735 or Sec. 600.740 of this 
chapter.
    (ii) Surrendered permit. An FFP permit may be voluntarily 
surrendered in accordance with paragraph (a)(9) of this section. An FFP 
may be reissued to the permit holder of record in the same fishing year 
in which it was surrendered. Contact NMFS/RAM by telephone, locally at 
907-586-7202 (Option 2) or toll-free at 800-304-4846 (Option 
2).
    (iii) Amended permit. An owner or operator, who applied for and 
received an FFP, must notify NMFS of any change in the permit 
information by submitting an FFP application found at the NMFS website 
at http://alaskafisheries.noaa.gov as instructed on the application 
form. Upon receipt and approval of a permit amendment, the Program 
Administrator, RAM, will issue an amended FFP.
    (5) Contents of an FFP application. 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 if applicable, 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; and whether this is a vessel of the United States.
    (iv) Area and gear information. Indicate the type of vessel 
operation. If catcher/processor or catcher vessel, indicate only the 
gear types used for groundfish fishing. If the vessel is a catcher/
processor under 125 ft (18.3 m) LOA that is intended to process GOA 
inshore pollock or GOA inshore Pacific cod, mark the box for a GOA 
inshore processing endorsement.
    (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.
    (C) Selections for species endorsements will remain valid until an 
FFP is amended to remove those endorsements or the permit with these 
endorsements is surrendered or revoked.
    (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 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.
    (iii) NMFS will reissue a Federal fisheries permit to any person who 
holds a Federal fisheries permit issued for a vessel if that vessel was 
used to make any legal rockfish landings and is subject to a sideboard 
limit as described under Sec. 679.82(d) through (h).
    (iv) NMFS will reissue a Federal fisheries permit to any person who 
holds a Federal fisheries permit issued to an Amendment 80 vessel.
    (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.

[[Page 531]]

    (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 hired master permits, and Registered Buyer 
permits. The permits 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 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, surrendered in accordance with 
paragraph (a)(9) of this section, 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.
    (iii) An IFQ permit may be voluntarily surrendered in accordance 
with paragraph (a)(9) of this section. An annual IFQ permit will not be 
reissued in the same fishing year in which it was surrendered, but a new 
annual IFQ permit may be issued to the quota share holder of record in a 
subsequent fishing year. Contact NMFS/RAM for more information locally 
at 907-586-7202 (Option 2) or toll-free at 800-304-4846 (Option 
2).
    (2) IFQ hired master permit. (i) An IFQ hired master permit 
authorizes the individual identified on the IFQ hired master permit to 
land IFQ halibut or IFQ sablefish for debit against the specified IFQ 
permit until the IFQ hired master permit expires, or is revoked, 
suspended, surrendered in accordance with paragraph (a)(9) of this 
section, or modified under 15 CFR part 904, or cancelled on request of 
the IFQ permit holder.
    (ii) A legible copy of an IFQ hired master permit issued to an 
eligible individual in accordance with Sec. 679.42(i) and (j) by the 
Regional Administrator must be onboard the vessel that harvests IFQ 
halibut or IFQ sablefish at all times that such fish are retained 
onboard by a hired master. Except as specified in Sec. 679.42(d), an 
individual that is issued an IFQ hired master permit must remain onboard 
the vessel used to harvest IFQ halibut or IFQ sablefish with that IFQ 
hired master permit during the IFQ fishing trip and at the landing site 
during all IFQ landings.
    (iii) Each IFQ hired master permit 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 IFQ permit holder's IFQ. In 
addition, IFQ hired master permits will also display the ADF&G vessel 
identification number of the authorized vessel.
    (iv) An IFQ hired master permit may be voluntarily surrendered in 
accordance with paragraph (a)(9) of this section. An IFQ hired master 
permit may be reissued to the permit holder of record in the same 
fishing year in which it was surrendered. Contact NMFS/RAM for more 
information by telephone, locally at 907-586-7202 (Option 2) or 
toll-free at 800-304-4846 (Option 2).
    (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 holder or IFQ hired master permit holder or 
to receive and make a CDQ halibut landing by a CDQ permit

[[Page 532]]

holder or CDQ hired master permit holder at any time during the fishing 
year for which it is issued until the Registered Buyer permit expires, 
or is revoked, suspended, surrendered in accordance with paragraph 
(a)(9) of this section, 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)).
    (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, surrendered in accordance with paragraph (a)(9) of 
this section, or modified under Sec. 600.735 or Sec. 600.740 of this 
chapter.
    (v) A Registered Buyer permit may be voluntarily surrendered in 
accordance with paragraph (a)(9) of this section. A Registered Buyer 
permit may be reissued to the permit holder of record in the same 
fishing year in which it was surrendered. Contact NMFS/RAM for more 
information by telephone, locally at 907-586-7202 (Option 2) or 
toll-free at 800-304-4846 (Option 2).
    (4) Issuance. The Regional Administrator will issue IFQ permits and 
IFQ hired master permits 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 hired 
master permits and Registered Buyer permits issued under this paragraph 
(d) are not transferable.
    (6) Inspection--(i) IFQ permit and IFQ hired master permit. (A) The 
IFQ permit holder must present a legible copy of the IFQ permit for 
inspection on request of any authorized officer or Registered Buyer 
receiving IFQ species.
    (B) The IFQ hired master permit holder must present a legible copy 
of the IFQ permit and a legible copy of the IFQ hired master permit 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 Sec. Sec. 679.45 and 
679.5(l)(7)(ii).
    (e) Halibut CDQ permits and CDQ hired master permits--(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 legible 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, surrendered, or modified. A halibut CDQ permit may 
be voluntarily surrendered in accordance with paragraph (a)(9) of this 
section. The halibut CDQ permit will not be reissued in the same fishing

[[Page 533]]

year in which it was surrendered, but a new annual halibut CDQ permit 
may be issued in a subsequent fishing year to the CDQ group entitled to 
a CDQ halibut allocation. Contact NMFS/RAM for more information by 
telephone, locally at 907-586-7202 (Option 2) or toll-free at 
800-304-4846 (Option 2).
    (3) An individual must have onboard the vessel a legible copy of his 
or her halibut CDQ hired master permit issued by the Regional 
Administrator while harvesting and landing any CDQ halibut. Each halibut 
CDQ hired master permit 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. A halibut CDQ hired master permit may be 
voluntarily surrendered in accordance with paragraph (a)(9) of this 
section. A halibut CDQ hired master permit may be reissued to the permit 
holder of record in the same fishing year in which it was surrendered. 
Contact NMFS/RAM for more information by telephone, locally at 907-586-
7202 (Option 2) or toll-free at 800-304-4846 (Option 
2).
    (4) Alteration. No person may alter, erase, mutilate, or forge a 
halibut CDQ permit, hired master permit, Registered Buyer permit, or any 
valid or current permit or document issued under this part. Any such 
permit 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 hired master permit. The person(s) holding the halibut 
CDQ hired master permit and the Registered buyer must comply with the 
requirements of Sec. 679.5(g) and (l)(1) through (6).
    (f) Federal processor permit (FPP)--(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) Contents of an FPP application. To obtain an FPP, the owner must 
complete an FPP application and provide the following information (see 
paragraphs (f)(2)(i) through (v) of this section for each SFP and 
shoreside processor plant to be permitted):
    (i) New or amended permit. Indicate whether application is for a new 
or amended FPP; and if an amended permit, provide the current FPP 
number. Indicate whether application is for a shoreside processor or an 
SFP.
    (ii) Owner information. Indicate the name(s), permanent business 
mailing address, business telephone number, business fax number, and 
business email address of all owners, and if applicable, the name of any 
person or company (other than the owner) who manages the operations of 
the shoreside processor or SFP.
    (iii) SFP information. Indicate the vessel name; whether this is a 
vessel of the United States; USCG documentation number; ADF&G vessel 
registration number; ADF&G processor code; the vessel's LOA (ft); 
registered length (ft); gross tonnage; net tonnage; shaft horsepower; 
homeport (city and state); and whether choosing to receive a GOA inshore 
processing endorsement. A GOA inshore processing endorsement is required 
in order to process GOA inshore pollock and GOA inshore Pacific cod.
    (iv) Shoreside processor information. Indicate the shoreside 
processor's name; permanent business mailing address; physical location 
of 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 (YES or NO, and if YES, name of 
previous processor); whether multiple processing businesses are using 
this plant; whether the owner named in paragraph (f)(2)(ii) of this 
section owns this plant; 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 SFP 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. Upon receipt of a properly completed permit 
application, the Regional Administrator will issue a Federal processor 
permit required by this paragraph (f).

[[Page 534]]

    (4) Duration--(i) Length of effectiveness. An FPP is in effect from 
the effective date through the date of permit expiration, unless it is 
revoked, suspended, surrendered in accordance with paragraph (a)(9) of 
this section, or modified under Sec. 600.735 or Sec. 600.740 of this 
chapter.
    (ii) Surrendered permit. An FPP may be voluntarily surrendered in 
accordance with paragraph (a)(9) of this section. An FPP may be reissued 
to the permit holder of record in the same fishing year in which it was 
surrendered. Contact NMFS/RAM for more information by telephone, locally 
at 907-586-7202 (Option 2) or toll-free at 800-304-4846 (Option 
2).
    (iii) Amended permit. An owner or operator, who applied for and 
received an FPP, must notify NMFS of any change in the permit 
information by submitting an FPP application found at the NMFS website 
at http://alaskafisheries.noaa.gov. The owner or operator must submit 
the application as instructed on the application form. Upon receipt and 
approval of a permit amendment, the Program Administrator, RAM, will 
issue an amended FPP.
    (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. (i) 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 onboard 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 State of Alaska regulations and only with a vessel 
that does not exceed the maximum LOA specified on the license and the 
gear designation specified on the license.
    (ii) A scallop LLP license may be voluntarily surrendered in 
accordance with paragraph (a)(9) of this section. A surrendered scallop 
LLP license will cease to exist and will not be subsequently reissued. 
Contact NMFS/RAM for more information by telephone, locally at 907-586-
7202 (Option 2) or toll-free at 800-304-4846 (Option 
2).
    (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 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 
two dredges with a combined width of no more than 20 feet (6.1 m) 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 Area H during the

[[Page 535]]

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 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

[[Page 536]]

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.
    (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 license 
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;

[[Page 537]]

    (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) 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 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 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 
Salmon Management Area.
    (4) Duration. Authorization under this paragraph (h) to engage in 
fishing for salmon in the 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 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 Salmon Management Area.
    (B) Engaged in commercial fishing for salmon in the Salmon 
Management Area.
    (C) Caught salmon in the Salmon Management Area using power troll 
gear.
    (D) Landed such salmon.
    (ii) The following persons are not eligible to be issued a 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 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.

[[Page 538]]

    (iv) State of Alaska fish tickets or other equivalent documents 
showing the actual landing of salmon taken in the 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 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 
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 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 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 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 Salmon Management Area.
    (B) The application for transfer shall be filed with the Regional 
Administrator within 30 days of the denial by the State of Alaska of the 
proposed transfer of the permit.
    (C) The application for transfer shall include all documents and 
other evidence submitted to the State of Alaska in support of the 
proposed transfer of the permit and a copy of the State of Alaska's 
decision denying the transfer of the permit. The Regional Administrator 
may request additional information from the applicant or from the State 
of Alaska to assist in the consideration of the application.
    (D) The Regional Administrator shall approve the transfer if it is 
determined that:
    (1) The applicant had the ability to participate actively in the 
fishery at the time the application for transfer of the permit was filed 
with the State of Alaska.
    (2) The applicant has access to power troll gear necessary for 
participation in the fishery.
    (3) The State of Alaska has not instituted proceedings to revoke the 
permit on the ground that it was fraudulently obtained.
    (4) The proposed transfer of the permit is not a lease.
    (E) Upon approval of the transfer application by the Regional 
Administrator, the authority of the permit holder to engage in 
commercial fishing for salmon in the 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

[[Page 539]]

person described in paragraph (h)(1)(ii), (h)(1)(iii), or (h)(3) of this 
section to fish for salmon in the 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 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 Salmon 
Management Area for a period not lasting beyond the calendar year of the 
proposed transfer, if a person:
    (A) Is denied emergency transfer of a State of Alaska power troll 
entry permit by the State of Alaska; or
    (B) Requests emergency transfer of a Federal commercial power troll 
permit previously issued by the Regional Administrator, with the consent 
of the current holder of that permit.
    (iv) The Regional Administrator shall approve the transfer if he 
determines that:
    (A) Sickness, injury, or other unavoidable hardship prevents the 
current permit holder from engaging in such fishing.
    (B) The applicant had the ability to participate actively in the 
fishery at the time the application for emergency transfer of the permit 
was filed with the State of Alaska or, in the case of a Federal permit, 
with the Regional Administrator.
    (C) The applicant has access to power troll gear necessary for 
participation in the fishery.
    (D) The State of Alaska has not instituted proceedings to revoke the 
permit on the grounds that it was fraudulently obtained.
    (v) The application in the case of a State of Alaska permit shall be 
filed with the Regional Administrator within 30 days of the denial by 
the State of Alaska of emergency transfer of the permit.
    (vi) The application shall include all documents and other evidence 
submitted to the State of Alaska in support of the proposed emergency 
transfer of the permit and a copy of the State of Alaska's decision 
denying the emergency transfer of the permit. The Regional Administrator 
may request additional information from the applicant or from the State 
of Alaska to assist in the consideration of the application.
    (vii) Upon approval of the application by the Regional 
Administrator, the authority of the permit holder to engage in 
commercial fishing for salmon using power troll gear in the 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 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).

[[Page 540]]

    (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 (LLP) 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) Each vessel must have a crab species license, defined in Sec. 
679.2, issued by NMFS on board at all times it is engaged in fishing 
activities for the crab fisheries identified in this paragraph. A crab 
species license may be used only to participate in the fisheries 
endorsed on the license and on a vessel that complies with the vessel 
designation and MLOA specified on the license. NMFS requires a crab 
species license endorsed for participation in the following crab 
fisheries:
    (A) Aleutian Islands red king crab in waters of the EEZ with an 
eastern boundary the longitude of Scotch Cap Light (164[deg]44[min] W. 
long.) to 53[deg]30[min] N. lat., then west to 165[deg] W. long., a 
western boundary of 174[deg] W. long., 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 174[deg] W. long.;
    (B) Aleutian Islands Area C. opilio and C. bairdi in waters of the 
EEZ with an eastern boundary the longitude of Scotch Cap Light 
(164[deg]44[min] W. long.) to 53[deg]30[min] N. lat., then west to 
165[deg] W. long, a western boundary of the Maritime Boundary Agreement 
Line as that line is described in the text of and depicted in the annex 
to the Maritime Boundary Agreement between the United States and the 
Union of Soviet Socialist Republics signed in Washington, June 1, 1990, 
and as the Maritime Boundary Agreement Line as depicted on NOAA Chart 
No. 513 (6th edition, February 23,

[[Page 541]]

1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and a 
northern boundary of a line from the latitude of Cape Sarichef 
(54[deg]36[min] N. lat.), with a southern boundary of 54[deg]30[min] N. 
lat. to 171[deg] W. long., and then south to 54 36[min] N. lat.;
    (C) Norton Sound red king and Norton Sound blue king in waters of 
the EEZ with a western boundary of 168[deg] W. long., a southern 
boundary of 62[deg] N. lat., and a northern boundary of 65[deg]36[min] 
N. lat.;
    (D) Minor Species endorsement includes:
    (1) Bering Sea golden king crab (Lithodes aequispinus) in waters of 
the EEZ east of the Maritime Boundary Agreement Line as that line is 
described in the text of and depicted in the annex to the Maritime 
Boundary Agreement between the United States and the Union of Soviet 
Socialist Republics signed in Washington, June 1, 1990, and as the 
Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th 
edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, 
February 16, 1991), with a southern boundary of 54[deg]36[min] N. lat. 
to 171[deg] W. long., and then south to 54[deg]30[min] N. lat.
    (2) Scarlet or deep sea king crab (Lithodes couesi) in the waters of 
the Bering Sea and Aleutian Islands Area;
    (3) Grooved Tanner crab (Chionoecetes tanneri) in the waters of the 
Bering Sea and Aleutian Islands Area; and
    (4) Triangle Tanner crab (Chionoecetes angulatus) in the waters of 
the Bering Sea and Aleutian Islands Area.
    (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

[[Page 542]]

demonstrated by 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.
    (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, except that a vessel fishing 
under authority of an LLP license endorsed only for trawl gear may fish 
for slope rockfish with non-trawl gear within the Gulf of Alaska Slope 
Habitat Conservation Areas, as described in Table 27 to this part.
    (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

[[Page 543]]

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 production 
reports required under Sec. 679.5.
    (i) General qualification periods (GQP). This table provides the GQP 
documented harvest requirements for LLP groundfish licenses:

----------------------------------------------------------------------------------------------------------------
                                          if the requirements found in the table at
                                            Sec. 679.4(k)(4)(ii) are met for the
A groundfish license will be assigned...      area endorsement and at least one          during the period...
                                           documented harvest of license limitation
                                           groundfish was caught and retained in...
----------------------------------------------------------------------------------------------------------------
(A) One or more area endorsements in the   the BSAI or waters shoreward of the BSAI  (1) Beginning January 1,
 table at Sec. 679.4(k)(4)(ii)(A) or                                                1988, through June 27,
 (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  the GOA or in waters shoreward of the GOA  (1) Beginning January 1,
 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
    A groundfish  license will be              if...             during the period...            in...          in vessel length    and that meets the
             assigned...                                                                                           category...     requirements for a...
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A) An Aleutian Island area           at least one documented  beginning January 1,     the Aleutian Islands    ``A'', ``B'', or  catcher/ processor
 endorsement                           harvest of any amount    1992, through June 17,   Subarea or in waters                ``C'' designation or a
                                       of license limitation    1995.                    shoreward of that                         catcher vessel
                                       groundfish was made.                              area.                                     designation.
(B) A Bering Sea area endorsement     at least one documented  beginning January 1,     the Bering Sea Subarea  ``A'', ``B'', or  catcher/ processor
                                       harvest of any amount    1992, through June 17,   or in waters                        ``C'' designation or a
                                       of license limitation    1995.                    shoreward of that                         catcher vessel
                                       groundfish was made.                              area.                                     designation.
(C) A Western Gulf area endorsement   at least one documented  beginning January 1,     the Western GOA                   ``A''   catcher/ processor
                                       harvest of any amount    1992, through June 17,   regulatory area or in                     designation or a
                                       of license limitation    1995.                    waters shoreward of                       catcher vessel
                                       groundfish was made in                            that area.                                designation; or
                                       each of any two
                                       calendar years.

[[Page 544]]

 
(D) A Western Gulf area endorsement   at least one documented  beginning January 1,     the Western Area of               ``B''   catcher vessel
                                       harvest of any amount    1992, through June 17,   the Gulf of Alaska or                     designation; or
                                       of license limitation    1995.                    in waters shoreward
                                       groundfish was made.                              of that area.
(E) A Western Gulf area endorsement   at least one documented  beginning January 1,     the Western Area of               ``B''   catcher/processor
                                       harvest of any amount    1992, through June 17,   the Gulf of Alaska or                     vessel designation;
                                       of license limitation    1995.                    in waters shoreward                       or
                                       groundfish was made in                            of that area.
                                       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 17,   the Gulf of Alaska or                     vessel designation;
                                       any amount of license    1995.                    in waters shoreward                       or
                                       limitation groundfish                             of that area.
                                       were made.
(G) A Western Gulf area endorsement   at least one documented  beginning January 1,     the Western Area of                  ``C''catcher/processor
                                       harvest of any amount    1992, through June 17,   the Gulf of Alaska or                     designation or a
                                       of license limitation    1995.                    in waters shoreward                       catcher vessel
                                       groundfish was made.                              of that area.                             designation.
(H) A Central Gulf area endorsement   at least one documented  beginning January 1,     the Central area of               ``A''   catcher/processor
                                       harvest of any amount    1992, through June 17,   the Gulf of Alaska or                     designation or a
                                       of license limitation    1995.                    in waters shoreward                       catcher vessel
                                       groundfish was made in                            of that area, or in                       designation; or
                                       each of any two                                   the West Yakutat
                                       calendar years.                                   District or in waters
                                                                                         shoreward of that
                                                                                         district.
(I) A Central Gulf area endorsement   at least one documented  beginning January 1,     the Central area of               ``B''   catcher/processor
                                       harvest of any amount    1992, through June 17,   the Gulf of Alaska or                     designation or a
                                       of license limitation    1995.                    in waters shoreward                       catcher vessel
                                       groundfish was made in                            of that area, or in                       designation; or
                                       each of any two                                   the West Yakutat
                                       calendar years.                                   District or in waters
                                                                                         shoreward of that
                                                                                         district.
(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 17,   the Gulf of Alaska or                     designation or a
                                       any amount of license    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 documented  beginning January 1,     the Central area of                  ``C''catcher/processor
                                       harvest of any amount    1992, through June 17,   the Gulf of Alaska or                     designation or a
                                       of license limitation    1995.                    in waters shoreward                       catcher vessel
                                       groundfish was made.                              of that area, or in                       designation.
                                                                                         the West Yakutat
                                                                                         District or in waters
                                                                                         shoreward of that
                                                                                         district.
(L) A Southeast Outside area          at least one documented  beginning January 1,     in the Southeast                  ``A''   catcher/processor
 endorsement                           harvest of any amount    1992, through June 17,   Outside District or                       designation or a
                                       of license limitation    1995.                    in waters shoreward                       catcher vessel
                                       groundfish was made in                            of that district.                         designation; or
                                       each of any two
                                       calendar years.
(M) A Southeast Outside area          at least one documented  beginning January 1,     in the Southeast                  ``B''   catcher/processor
 endorsement                           harvest of any amount    1992, through June 17,   Outside District or                       designation or a
                                       of license limitation    1995.                    in waters shoreward                       catcher vessel
                                       groundfish was made in                            of that district.                         designation; or
                                       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 17,   Outside District or                       designation or a
                                       any amount of license    1995.                    in waters shoreward                       catcher vessel
                                       limitation groundfish                             of that district.                         designation; or
                                       were made.
(O) A Southeast Outside area          at least one documented  beginning January 1,     in the Southeast                     ``C''catcher/processor
 endorsement                           harvest of any amount    1992, through June 17,   Outside District or                       designation or a
                                       of license limitation    1995.                    in waters shoreward                       catcher vessel
                                       groundfish was made.                              of that district.                         designation.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 545]]

    (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 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.
    (vi) Trawl gear designation recent participation requirements. (A) 
NMFS will revoke any trawl gear designation on a groundfish license with 
an Aleutian Island, Bering Sea, Central Gulf, or Western Gulf regulatory 
area unless one of the following conditions apply:
    (1) A person made at least two legal landings using trawl gear under 
the authority of that groundfish license in that regulatory area during 
the period from January 1, 2000, through December 31, 2006; or
    (2) That trawl gear designation endorsed in that area is exempt from 
the requirements of this paragraph (k)(4)(vi)(A) as described under 
paragraphs (k)(4)(vii) or (k)(4)(viii) of this section.
    (B) NMFS shall assign a legal landing to a groundfish license for an 
area based only on information contained in the official record 
described in paragraph (k)(4)(x) of this section.
    (vii) Exemption to trawl gear recent participation requirements for 
the AFA, Amendment 80 Program, and Rockfish Program. (A) Trawl gear 
designations with Bering Sea or Aleutian Islands area endorsements on a 
groundfish license that was derived in whole or in part from the 
qualifying fishing history of an AFA vessel are exempt from the landing 
requirements in paragraph (k)(4)(vi) of this section.
    (B) Trawl gear designations with Bering Sea or Aleutian Islands area 
endorsements on a groundfish license are exempt from the landing 
requirements in paragraph (k)(4)(vi) of this section provided that all 
of the following conditions apply:
    (1) The groundfish license was not derived in whole or in part from 
the qualifying fishing history of an AFA vessel;
    (2) The groundfish license is assigned to an AFA vessel on August 
14, 2009; and
    (3) No other groundfish license with a Bering Sea or Aleutian Island 
area endorsement is assigned to that AFA vessel on August 14, 2009.
    (C) Trawl gear designations with Bering Sea or Aleutian Islands area 
endorsements on a groundfish license that is listed in Column C of Table 
31 to this part are exempt from the landing requirements in paragraph 
(k)(4)(vi) of this section.
    (D) A trawl gear designation with Central Gulf area endorsement on a 
groundfish license that is assigned Rockfish QS is exempt from the 
landing requirements in paragraph (k)(4)(vi) of this section.
    (viii) Exemption to trawl gear recent participation requirements for 
groundfish licenses with a Central Gulf or Western

[[Page 546]]

Gulf area endorsement. A trawl gear designation with a Central Gulf or 
Western Gulf area endorsement on a groundfish license is exempt from the 
landing requirements in paragraph (k)(4)(vi) of this section provided 
that a person made at least 20 legal landings under the authority of 
that groundfish license in either the Central Gulf or Western Gulf area 
using trawl gear during the period from January 1, 2005, through 
December 31, 2007.
    (ix) Aleutian Island area endorsements for non-AFA trawl catcher 
vessels. (A) If a non-AFA catcher vessel that is less than 60 feet LOA 
was used to make at least 500 mt of legal landings of Pacific cod using 
trawl gear from the waters that were open by the State of Alaska for 
which it adopts a Federal fishing season adjacent to the Aleutian 
Islands Subarea during the period from January 1, 2000, through December 
31, 2006, according to the official record, NMFS shall issue an Aleutian 
Island area endorsement with a trawl gear designation to a groundfish 
license assigned to the vessel owner according to the official record, 
provided that the groundfish license assigned to that non-AFA catcher 
vessel meets all of the following requirements:
    (1) It was not derived in whole or in part from the qualifying 
fishing history of an AFA vessel;
    (2) It has a trawl gear designation;
    (3) It does not have a catcher/processor vessel designation; and
    (4) That groundfish license has an MLOA of less than 60 feet.
    (B) If a non-AFA catcher vessel that is equal to or greater than 60 
feet LOA was used to make at least one legal landing in State of Alaska 
waters adjacent to the Aleutian Islands Subarea using trawl gear during 
the period from January 1, 2000, through December 31, 2006, or one 
landing of Pacific cod from the State of Alaska Pacific cod fishery 
during the period from January 1, 2000, through December 31, 2006, 
according to the official record, NMFS shall issue an Aleutian Island 
area endorsement with a trawl gear designation to a groundfish license 
assigned to the vessel owner according to the official record, provided 
that the groundfish license assigned to that non-AFA catcher vessel 
meets the following criteria:
    (1) It was not derived in whole or in part from the qualifying 
fishing history of an AFA vessel;
    (2) It has a trawl gear designation;
    (3) It does not have a catcher/processor vessel designation; and
    (4) At least 1,000 mt of legal landings of Pacific cod using trawl 
gear in the BSAI were made under the authority of that groundfish 
license during the period from January 1, 2000, through December 31, 
2006, according to the official record.
    (C) NMFS will assign the AI endorsement to an eligible groundfish 
license held and designated by the vessel owner beginning on August 14, 
2009.
    (D) If the vessel owner does not hold a groundfish license to which 
an AI endorsement may be assigned on August 14, 2009 according to the 
official record, the vessel owner will have the opportunity to amend the 
official record as described in paragraph (k)(4)(x) of this section to 
designate an otherwise eligible groundfish license. If the official 
record is subsequently amended, NMFS will assign the AI endorsement to 
the groundfish license specified in the amended official record.
    (x) Trawl gear recent participation official record. (A) The 
official record will contain all information used by the Regional 
Administrator to determine the following:
    (1) The number of legal landings assigned to a groundfish license 
for purposes of the trawl gear designation participation requirements 
described in paragraph (k)(4)(vi) of this section;
    (2) The amount of legal landings assigned to a groundfish license 
for purposes of the AI endorsements described in paragraph (k)(4)(ix) of 
this section;
    (3) The owner of a vessel that has made legal landings that may 
generate an AI endorsement as described in paragraph (k)(4)(ix) of this 
section; and
    (4) All other relevant information necessary to administer the 
requirements described in paragraphs (k)(4)(vi) through (k)(4)(ix) of 
this section.
    (B) The official record is presumed to be correct. A groundfish 
license holder has the burden to prove otherwise. For the purposes of 
creating the official record, the Regional Administrator will presume 
the following:

[[Page 547]]

    (1) A groundfish license is presumed to have been used onboard the 
same vessel from which that groundfish license was derived, the original 
qualifying vessel, during the calendar years 2000 and 2001, unless clear 
and unambiguous written documentation is provided that establishes 
otherwise;
    (2) If more than one person is claiming the same legal landing, then 
each groundfish license for which the legal landing is being claimed 
will be credited with the legal landing;
    (3) The groundfish license to which an AI endorsement described in 
paragraph (k)(4)(ix) of this section will be initially assigned.
    (C) Only legal landings as defined in Sec. 679.2 and documented on 
State of Alaska fish tickets or NMFS weekly production reports will be 
used to assign legal landings to a groundfish license.
    (D) The Regional Administrator will specify by letter a 30-day 
evidentiary period during which an applicant may provide additional 
information or evidence to amend or challenge the information in the 
official record. A person will be limited to one 30-day evidentiary 
period. Additional information or evidence received after the 30-day 
evidentiary period specified in the letter has expired will not be 
considered for purposes of the initial administrative determination.
    (E) The Regional Administrator will prepare and send an IAD to the 
applicant following the expiration of the 30-day evidentiary period if 
the Regional Administrator determines that the information or evidence 
provided by the person fails to support a person's claims and is 
insufficient to rebut the presumption that the official 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 30-day evidentiary 
period. The IAD will indicate the deficiencies with the information, or 
the evidence submitted in support of the information. The IAD will also 
indicate which claims cannot be approved based on the available 
information or evidence. A person who receives an IAD may appeal 
pursuant to Sec. 679.43. A person who avails himself or herself of the 
opportunity to appeal an IAD will receive a non-transferable license 
pending the final resolution of that appeal, notwithstanding the 
eligibility of that applicant for some claims based on consistent 
information in the official record.
    (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:

[[Page 548]]



----------------------------------------------------------------------------------------------------------------
    A crab species license will be
             assigned...                        if...             during the period...            in...
----------------------------------------------------------------------------------------------------------------
(A) A Pribilof red king and Pribilof   at least one documented  beginning January 1,     the area described in
 blue king area/species endorsement     harvest of red king      1993, through December   the definition for a
                                        crab or blue king crab   31, 1994.                Pribilof red king and
                                        was made by a vessel.                             Pribilof blue king
                                                                                          area/species
                                                                                          endorsement at Sec.
                                                                                          679.2.
(B) A Bering Sea and Aleutian Islands  at least three           beginning January 1,     the area described in
 Area C. opilio and C. bairdi area/     documented harvests of   1992, through December   the definition for a
 species endorsement                    C. opilio and C.         31, 1994.                Bering Sea and
                                        bairdi were made by a                             Aleutian Islands Area
                                        vessel.                                           C. opilio and C.
                                                                                          bairdi area/species
                                                                                          endorsement at Sec.
                                                                                          679.2.
(C) A St. Matthew blue king area/      at least one documented  beginning January 1,     the area described in
 species endorsement                    harvest of red king      1992, through December   the definition for a
                                        crab or blue king crab   31, 1994.                St. Matthew blue king
                                        was made by a vessel.                             area/species
                                                                                          endorsement at Sec.
                                                                                          679.2.
(D) An Aleutian Islands brown king     at least three           beginning January 1,     the area described in
 area/species endorsement               documented harvests of   1992, through December   the definition for an
                                        brown king crab were     31, 1994.                Aleutian Islands brown
                                        made by a vessel.                                 king area/species
                                                                                          endorsement at Sec.
                                                                                          679.2.
(E) An Aleutian Islands red king area/ at least one documented  beginning January 1,     the area described in
 species endorsement                    harvest of red king      1992, through December   the definition for an
                                        crab or blue king crab   31, 1994.                Aleutian Islands red
                                        was made by a vessel.                             king area/species
                                                                                          endorsement at Sec.
                                                                                          679.2.
(F) A Bristol Bay red king area/       at least one documented  beginning January 1,     the area described in
 species endorsement                    harvest of red king      1991, through December   the definition for a
                                        crab or blue king crab   31, 1994.                Bristol Bay red king
                                        was made by a vessel.                             area/species
                                                                                          endorsement at Sec.
                                                                                          679.2.
(G) A Norton Sound red king and blue   at least one documented  beginning January 1,     the area described in
 king area/species endorsement          harvest of red king      1993, through December   the definition for a
                                        crab or blue king crab   31, 1994.                Norton Sound red king
                                        was made by a vessel.                             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. Alaska local 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

[[Page 549]]

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 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

[[Page 550]]

history being used as the basis of eligibility for a license; and
    (I) Valid evidence of the LOA of the vessel to be deployed by the 
license if different than the vessel used as the basis for eligibility 
for a license.
    (iv) Other information required for special circumstances.
    (A) Successor-in-interest. If an applicant is applying as the 
successor-in-interest to an eligible applicant, an application, to be 
complete, also must contain valid evidence proving the applicant's 
status as a successor-in-interest to that eligible applicant and:
    (1) Valid evidence of the death of that eligible applicant at the 
time of application, if the eligible applicant was or is an individual; 
or
    (2) Valid evidence that the eligible applicant is no longer in 
existence at the time of application, if the eligible applicant is not 
an individual.
    (B) Norton Sound crab species license endorsement. If an applicant 
is applying for a crab species license endorsement for Norton Sound and 
if the applicant is a person, an application, to be complete, must 
contain valid evidence that the applicant was a State of Alaska permit 
holder for the Norton Sound king crab summer fishery in 1993 or 1994. If 
the applicant is a corporation, an application, to be complete, must 
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

[[Page 551]]

that the inconsistent claims in his or her application is correct, the 
applicant will be notified by an initial administrative determination, 
pursuant to paragraph (k)(6)(viii) of this section, that the applicant 
did not meet the burden of proof to change the information in the 
official LLP record.
    (vii) 60-day evidentiary period. The Regional Administrator will 
specify by letter a 60-day evidentiary period during which an applicant 
may provide additional information or evidence to support the claims 
made in his or her application, or to submit a revised application with 
claims consistent with information in the official LLP record, if the 
Regional Administrator determines that the applicant did not meet the 
burden of proving that the information on the application is correct 
through evidence provided with the application. Also, an applicant who 
fails to submit information as specified in paragraphs (k)(6)(iii) and 
(k)(6)(iv) of this section will have 60 days to provide that 
information. An applicant will be limited to one 60-day evidentiary 
period. Additional information or evidence, or a revised application, 
received after the 60-day evidentiary period specified in the letter has 
expired will not be considered for purposes of the initial 
administrative determination.
    (viii) Initial administrative determinations (IAD). The Regional 
will prepare 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.
    (x) Surrender of groundfish or crab LLP. A groundfish or crab LLP 
license may be voluntarily surrendered in accordance with paragraph 
(a)(9) of this section. A surrendered groundfish or crab LLP license 
will cease to exist and will not be subsequently reissued. Contact NMFS/
RAM for more information by telephone, locally at 907-586-7202 (Option 
2) or toll-free at 800-304-4846 (Option 2).
    (7) Transfer of a groundfish license or a crab species license--(i) 
General. The Regional Administrator will transfer a groundfish license, 
Aleutian Island area endorsement as described under paragraph 
(k)(7)(viii)(A) of this section, 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. A transfer 
application form may be requested from the Regional Administrator.
    (ii) Eligibility criteria for transfers. A groundfish license, 
Aleutian Island area endorsement as described under paragraph 
(k)(7)(viii)(A) of this section, or crab species license can be 
transferred if the following conditions are met:

[[Page 552]]

    (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, Aleutian Island area endorsement as described under 
paragraph (k)(7)(viii)(A) of this section transfer, or a crab species 
license transfer must be legible, have notarized and dated signatures of 
the applicants, and the applicants must attest that, to the best of the 
applicant's knowledge, all statements in the application are true. An 
application to transfer will be provided by NMFS, or is available on the 
NMFS Alaska Region website at http://alaskafisheries.noaa.gov. The 
acceptable submittal methods will be specified on the application form.
    (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, Aleutian Island area endorsement as described under 
paragraph (k)(7)(viii)(A) of this section, 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, Aleutian 
Island area endorsement as described under paragraph (k)(7)(viii)(A) of 
this section, 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. A 
transfer of an Aleutian Island area endorsement as described under 
paragraph (k)(7)(viii)(A) of this section to another LLP license, or the 
transfer of a groundfish license with an Aleutian Island area 
endorsement as described under paragraph (k)(7)(viii)(A) of this section 
attached to it will be considered to be a transfer of that Aleutian 
Island area endorsement.
    (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, except that Aleutian Island 
area endorsements on a groundfish license with a trawl gear designation 
issued under the provisions of paragraph (k)(4)(ix)(A) of this section 
and that are assigned to a groundfish license with an MLOA of less than 
60 feet LOA may be transferred separately from the groundfish license to 
which that Aleutian Island area endorsement was originally issued to 
another groundfish license provided that the groundfish license to which 
that Aleutian Island endorsement is transferred:
    (1) Was not derived in whole or in part from the qualifying fishing 
history of an AFA vessel;
    (2) Has a catcher vessel designation;
    (3) Has a trawl gear designation;
    (4) Has an MLOA of less than 60 feet LOA; and
    (5) A complete transfer application is submitted to the Regional 
Administrator as described under this paragraph (k)(7), and that 
application is approved.
    (B) A groundfish license and a crab species license issued based on 
the

[[Page 553]]

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 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.

[[Page 554]]

    (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.
(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

[[Page 555]]

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 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-

[[Page 556]]

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.
    (11) Rockfish QS--(i) General. In addition to other requirements of 
this part, a license holder must have rockfish QS on his or her 
groundfish LLP license to conduct directed fishing for Rockfish Program 
fisheries with trawl gear.
    (ii) Eligibility requirements for rockfish QS. The eligibility 
requirements to receive rockfish QS are established in Sec. 679.80(b).
    (12) Amendment 80 Program. In addition to other requirements of this 
part, a license holder must have an Amendment 80 LLP license to conduct 
fishing for an Amendment 80 species assigned to the Amendment 80 sector.
    (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 BS and any shoreside processor, stationary floating processor, or 
mothership that receives pollock harvested in a non-CDQ directed pollock 
fishery in the BS 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 BS 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 BS. 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.
    (C) Surrender of AFA permits. Except for AFA inshore processor 
permits, AFA permits may not be surrendered.
    (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 or transferred to any vessel or processor that is not listed on 
the permit. However, AFA permits may be amended by NMFS to reflect any 
change in the ownership of the vessel or processor after submittal of 
this information to NMFS in a written letter.
    (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);

[[Page 557]]

    (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

    (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);

[[Page 558]]

    (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 e-mail 
address(es), and managing company (if any);
    (C) Vessel AFA qualification information. The AFA catcher vessel 
permit sector endorsement(s) requested.
    (D) [Reserved]
    (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

[[Page 559]]

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) [Reserved]
    (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);
    (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) Surrender of permit. An AFA inshore processor permit may be 
voluntarily surrendered in accordance with paragraph (a)(9) of this 
section. The AFA inshore processor permit will not be reissued in the 
same fishing year in which it was surrendered, but may be reapplied for 
and if approved, reissued to the permit holder of record in a subsequent 
fishing year. Contact NMFS/RAM for more information by telephone, 
locally at 907-586-7202 (Option 2) or toll-free at 800-304-4846 
(Option 2).
    (iii) Single geographic location requirement. An AFA inshore 
processor permit authorizes the processing of pollock harvested in the 
BS subarea directed pollock fishery only in a single geographic location 
during a reporting week. For the purposes of this paragraph, single 
geographic location means:
    (A) Shoreside processors. The physical location at which the land-
based shoreside processor first processed pollock harvested from the BS 
subarea directed pollock fishery during a fishing year.
    (B) Stationary floating processors (SFP). A geographic position 
within State of Alaska waters of the BS subarea and that is within a 5 
nm radius of the latitude and longitude reported in the check-in and 
check-out reports at Sec. 679.5(h)(5)(ix)(B). An AFA SFP cannot change 
its single geographic location more than four times within State of 
Alaska waters in the BS subarea to process pollock harvested in a BS 
subarea directed pollock fishery during a fishing year and cannot use 
more than one single geographic location during a reporting week.
    (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.

[[Page 560]]

    (C) Shoreside processor information. The processor name, Federal 
processor 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);
    (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 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 an AFA inshore processor that is designated in the cooperative 
contract as the processor to whom the cooperative has agreed to deliver 
at least 90 percent of its BS pollock catch;

[[Page 561]]

    (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 BS 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. If the vessel is more than 60 feet (18.3 m) LOA, the vessel 
must be named on a valid LLP permit endorsed for the AI to engage in 
trawling for pollock in the AI; 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 BS 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 BS 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 BS pollock harvested in the BS 
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, 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

[[Page 562]]

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;
    (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

[[Page 563]]

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 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

[[Page 564]]

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.
    (m) Participation in the AI directed pollock fishery--(1) 
Applicability. Harvesting pollock in the AI directed pollock fishery and 
processing pollock taken in the AI directed pollock fishery is 
authorized only for those harvesters and processors that are selected by 
the Aleut Corporation and approved by the Regional Administrator to 
harvest pollock in the AI directed pollock fishery or to process pollock 
taken in the AI directed pollock fishery.
    (2) Annual selection of participants by the Aleut Corporation. Each 
year and at least 14 days before harvesting pollock in the AI directed 
pollock fishery or processing pollock harvested in the AI directed 
pollock fishery, a participant must be selected by the Aleut Corporation 
and the following information for each participant must be submitted by 
the designated contact to the Regional Administrator:
    (i) Vessel or processor name;
    (ii) Federal fisheries permits number issued under paragraph (b) of 
this section or Federal processor permit issued under paragraph (f) of 
this section; and
    (iii) The fishing year which participation approval is requested.
    (3) Participant approval. (i) Participants must have:
    (A) A valid Federal fisheries permit or Federal processing permit, 
pursuant to paragraphs (b) and (f) of this section, respectively;
    (B) A valid fishery endorsement on the vessel's U.S. Coast Guard 
documentation for the vessel's participation in the U. S. fishery; and
    (C) A valid AFA permit under: paragraph (l)(2) of this section for 
all catcher/processors, paragraph (l)(3) of this section for all catcher 
vessels greater than 60 ft (18.3 m) LOA, or paragraph (l)(4) of this 
section for all motherships.
    (ii) Each participant selected by the Aleut Corporation that meets 
the conditions under paragraph (m)(3)(i) of this section will be 
approved by the Regional Administrator for participation in the AI 
directed pollock fishery.
    (iii) The Regional Administrator will provide to the designated 
contact for the Aleut Corporation the identity of each approved 
participant and the date upon which participation in the AI directed 
pollock fishery may commence. The Aleut Corporation shall forward to the 
approved participants a copy of NMFS's approval letter before harvesting 
or processing occurs.
    (iv) A copy of NMFS' approval letter for participating in the AI 
directed pollock fishery during the fishing year must be on site at the 
shoreside processor or stationary floating processor, or on board the 
vessel at all times and must be presented for inspection upon the 
request of any authorized officer.
    (4) Participant disapproval. (i) The Regional Administrator shall 
disapprove any participant that does not meet the conditions under 
paragraph (m)(3)(i) of this section. The Regional Administrator will 
notify in writing the Aleut Corporation and the selected participant of 
the disapproval. The selected participant will have 30 days in which to 
submit proof of meeting the requirements to participate in the AI 
directed pollock fishery.
    (ii) The Regional Administrator will prepare and send an initial 
administrative determinations (IAD) to the selected participant 
following the expiration of the 30-day evidentiary period if the 
Regional Administrator determines that the information or evidence 
provided by the selected participant fails to support the participant's 
claims and is insufficient to rebut the presumption that the disapproval 
for participation in the AI directed pollock fishery is correct or if 
the additional information or evidence is not provided within the time 
period specified in the letter that notifies the applicant of his or her 
30-day evidentiary period. The IAD will indicate the deficiencies in the 
information required, including the evidence submitted in support of the 
information. The IAD also will indicate which claims cannot be approved 
based on the available information or evidence. A participant who 
receives an IAD may appeal under the appeals procedures set out at Sec. 
679.43. A participant who avails himself or herself of the opportunity 
to appeal an IAD will receive

[[Page 565]]

an interim approval from NMFS authorizing participation in the AI 
directed pollock fishery. An interim approval based on claims contrary 
to the final determination will expire upon final agency determination.
    (n) Rockfish Program--(1) Cooperative quota (CQ). (i) A CQ permit is 
issued annually to a rockfish cooperative if the members of that 
rockfish cooperative have submitted a complete and timely application 
for CQ as described at Sec. 679.81(e)(4) that is subsequently approved 
by the Regional Administrator. A CQ permit authorizes a rockfish 
cooperative to participate in the Rockfish Program. The CQ permit will 
indicate the amount of primary rockfish species and secondary species 
that may be harvested by the rockfish cooperative, and the amount of 
rockfish halibut PSC that may be used by the rockfish cooperative. The 
CQ permit will list the members of the rockfish cooperative, the vessels 
that are authorized to fish under the CQ permit for that rockfish 
cooperative, and the eligible rockfish processor with whom that rockfish 
cooperative is associated, if applicable.
    (ii) A CQ permit is valid under the following circumstances:
    (A) Until the end of the year for which the CQ permit is issued;
    (B) Until the amount harvested is equal to the amount specified on 
the CQ permit for all primary rockfish species, secondary species, and 
rockfish halibut PSC;
    (C) Until the permit is modified by transfers under Sec. 679.81(f);
    (D) Until the permit is voided through an approved rockfish 
cooperative termination of fishing declaration; or
    (E) Until the permit is revoked, suspended, or modified pursuant to 
Sec. 679.43 or under 15 CFR part 904.
    (iii) A legible copy of the CQ permit must be carried on board the 
vessel(s) used by the rockfish cooperative.
    (2) Rockfish cooperative termination of fishing declaration. (i) A 
rockfish cooperative may choose to extinguish its CQ permit through a 
declaration submitted to NMFS.
    (ii) This declaration may only be submitted to NMFS using the 
following methods:
    (A) Fax: 907-586-7354;
    (B) Hand Delivery or Carrier. NMFS, Room 713, 709 4\th\ Street, 
Juneau, AK 99801; or
    (C) By mail: Restricted Access Management Program, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668
    (iii) A Rockfish cooperative termination of fishing declaration must 
include the following information:
    (A) CQ permit number;
    (B) The date the declaration is submitted; and
    (C) The rockfish cooperative's legal name, NMFS Person ID, the 
permanent business address, telephone number, fax number, and e-mail 
address (if available) of the rockfish cooperative or its designated 
representative, and the printed name and signature of the designated 
representative of the rockfish cooperative.
    (iv) NMFS will review the declaration and notify the rockfish 
cooperative's designated representative once the declaration has been 
approved.
    (v) Upon approval of a declaration, the CQ for all primary rockfish 
species and secondary species will be set to zero, rockfish halibut PSC 
assigned to that rockfish cooperative will be reapportioned under the 
provisions described at Sec. 679.21(d)(5)(iii)(B) and that rockfish 
cooperative may not receive any CQ for any primary rockfish species, 
secondary species, and rockfish halibut PSC by transfer for the 
remainder of that calendar year.
    (3) Eligible rockfish processor. (i) The Regional Administrator will 
issue an eligible rockfish processor permit to persons who have 
submitted a complete application described at Sec. 679.81(d), that is 
subsequently approved by the Regional Administrator. An eligible 
rockfish processor permit authorizes a shoreside processor or stationary 
floating processor to receive fish harvested under the Rockfish Program, 
except for fish harvested under the rockfish entry level fishery.
    (ii) A permit is valid under the following circumstances:
    (A) Until the permit is modified by transfers under Sec. 679.81(g); 
or
    (B) Until the permit is revoked, suspended, or modified pursuant to 
Sec. 679.43 or 15 CFR part 904.

[[Page 566]]

    (iii) A legible copy of the eligible rockfish processor permit must 
be available at the facility at which Rockfish Program fish are 
received.
    (o) Amendment 80 Program--(1) Amendment 80 QS permit. (i) An 
Amendment 80 QS permit is issued to a person who submits a timely and 
complete application for Amendment 80 QS that is approved by NMFS under 
Sec. 679.90(b).
    (ii) An Amendment 80 QS permit is assigned to the owner of an 
Amendment 80 vessel that gave rise to that permit under the provisions 
of Sec. 679.90(b), unless the Amendment 80 QS permit is assigned to the 
holder of an LLP license originally assigned to an Amendment 80 vessel 
under the provisions of Sec. 679.90(d) or Sec. 679.90(e).
    (iii) If an Amendment 80 QS permit is assigned to the owner of an 
Amendment 80 vessel the Amendment 80 QS permit will designate the 
Amendment 80 vessel to which that permit is assigned.
    (iv) If an Amendment 80 QS permit is assigned to the holder of an 
LLP license originally assigned to an Amendment 80 vessel under the 
provisions of Sec. 679.90(d)(2)(ii) or Sec. 679.90(e)(4), the 
Amendment 80 QS permit will be permanently affixed to the LLP license 
originally assigned to an Amendment 80 vessel which will be designated 
as an Amendment 80 LLP/QS license.
    (v) Amendment 80 QS units assigned to an Amendment 80 QS permit are 
non-severable from that Amendment 80 QS permit and if transferred, the 
Amendment 80 QS permit must be transferred in its entirety to another 
person under the provisions of Sec. 679.90(e).
    (vi) A person must hold an Amendment 80 LLP license to hold an 
Amendment 80 QS permit.
    (2) Amendment 80 Cooperative quota (CQ) permit. (i) A CQ permit is 
issued annually to an Amendment 80 cooperative that submits a timely and 
complete application for CQ that is approved by NMFS as described at 
Sec. 679.91(b)(4).
    (ii) A CQ permit authorizes an Amendment 80 cooperative to catch a 
quantity of fish expressed as a portion of the ITAC and halibut and crab 
PSC that may be held for exclusive use by that Amendment 80 cooperative.
    (iii) A CQ permit will indicate the amount of Amendment 80 species 
that may be caught by the Amendment 80 cooperative, and the amount of 
Amendment 80 crab and halibut PSC that may be used by the Amendment 80 
cooperative. The CQ permit will list the members of the Amendment 80 
cooperative, Amendment 80 LLP licenses, Amendment 80 QS permits, and 
Amendment 80 vessels that are assigned to that Amendment 80 cooperative.
    (iv) The amount of CQ listed on the CQ permit will be based on:
    (A) The amount of Amendment 80 QS units held by all members of the 
Amendment 80 cooperative designated on a timely and complete application 
for CQ as described under Sec. 679.91(b) that is approved by NMFS;
    (B) The Amendment 80 QS units derived from Amendment 80 QS permits 
held by members of the Amendment 80 cooperative who have submitted a 
timely and complete EDR for all Amendment 80 QS permits held by that 
member as described under Sec. 679.94; and
    (C) The amount of CQ as modified by an application for CQ transfer 
as described under Sec. 679.91(g) that is approved by NMFS.
    (v) A CQ permit is valid until whichever of the following occurs 
first:
    (A) Until the end of the year for which the CQ permit is issued; or
    (B) Until the permit is revoked, suspended, or modified pursuant to 
Sec. 679.43 or under 15 CFR part 904.
    (vi) A legible copy of the CQ permit must be carried onboard an 
Amendment 80 vessel assigned to an Amendment 80 cooperative when fishing 
in the BSAI or adjacent waters open by the State of Alaska for which it 
adopts a Federal fishing season.
    (3) Amendment 80 limited access fishery permit. (i) An Amendment 80 
limited access fishery permit is required for an Amendment 80 QS holder 
to catch, process, and receive Amendment 80 species assigned to the 
Amendment 80 limited access fishery, or use halibut and crab PSC 
assigned to the Amendment 80 limited access fishery. An Amendment 80 
limited access fishery permit is issued annually to an Amendment 80 QS 
holder who:
    (A) Has submitted a timely and complete application for the 
Amendment 80

[[Page 567]]

limited access fishery as described at Sec. 679.91(b)(4) that is 
approved by NMFS, or
    (B) Is assigned to the Amendment 80 limited access fishery by NMFS 
as described at Sec. 679.91(a)(3)(ii); and
    (C) Has submitted a timely and complete EDR for all Amendment 80 QS 
permits held by that person as described under Sec. 679.94.
    (ii) An Amendment 80 limited access fishery permit is valid until 
whichever of the following occurs first:
    (A) Until the end of the year for which the Amendment 80 limited 
access fishery permit is issued; or
    (B) Until the permit is revoked, suspended, or modified pursuant to 
Sec. 679.43 or under 15 CFR part 904.
    (iii) A legible copy of the Amendment 80 limited access fishery 
permit must be carried onboard an Amendment 80 vessel assigned to the 
Amendment 80 limited access fishery when fishing in the BSAI or adjacent 
waters open by the State of Alaska for which it adopts a Federal fishing 
season.

[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.



Sec. 679.5  Recordkeeping and reporting (R&R).

    (a) General R&R requirements. R&R requirements include, but are not 
limited to, paper and electronic documentation, logbooks, forms, 
reports, receipts, computer printouts, and requests for inspection 
described in this section and in Sec. 679.28.
    (1) Groundfish logbooks and forms. (i) The Regional Administrator 
will prescribe and provide groundfish logbooks required under this 
section. All groundfish forms required under this section are available 
from the Alaska Region website at http://alaskafisheries.noaa.gov or may 
be requested by calling the Sustainable Fisheries Division at 907-586-
7228 or faxing 907-586-7465. The forms may be completed online, printed, 
and mailed or faxed to NMFS at the address or fax number shown on the 
form. The forms also may be completed online, saved as a file, and 
submitted to NMFS as an attachment to an e-mail to the e-mail address 
shown on the form.
    (ii) Current editions. The operator must use the current edition of 
the logbooks and current format of the forms. Upon approval from the 
Regional Administrator NMFS-approved electronic versions of the forms 
may be used. Upon written notification and approval by the Regional 
Administrator, logbooks from the previous year may be used.
    (iii) Management program defined. A ``management program'' is a 
unique fishery program with a specific management strategy and/or 
allocation. Harvest that occurred under the management programs listed 
in the following table must be recorded separately in the logbooks, 
forms, and eLandings.

------------------------------------------------------------------------
                                                            For more
  If harvest made under . . .      Record the . . .    information,  see
            program                                          . . .
------------------------------------------------------------------------
(A) Western Alaska Community     CDQ group number      subpart C of this
 Development Quota (CDQ)                                part
------------------------------------------------------------------------
(B) Exempted Fishery             Exempted fishery      Sec. 679.6
                                  permit number
------------------------------------------------------------------------
(C) Research Fishery             Research fishery      Sec. 600.745(a)
                                  permit number         of this chapter
------------------------------------------------------------------------
(D) Aleutian Islands Pollock     n/a                   subpart F of this
 (AIP)                                                  part
------------------------------------------------------------------------
(E) Open access (OA)             [for recording in     paragraph (e) of
                                  eLandings only]       this section
------------------------------------------------------------------------

    (2) Responsibility. (i) The operator of a catcher vessel, catcher/
processor, mothership, or buying station receiving groundfish from a 
catcher vessel and delivering to a mothership (hereafter referred to as 
the operator) and the manager of a shoreside processor, SFP, or buying 
station receiving groundfish from a catcher vessel and delivering to a 
shoreside processor or

[[Page 568]]

SFP (hereafter referred to as the manager) are each responsible for 
complying with the applicable R&R requirements in this section and in 
Sec. 679.28.
    (ii) The owner of a vessel, shoreside processor, SFP, 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 applicable R&R requirements in this section and in Sec. 
679.28.
    (iii) The IFQ permit holder, IFQ hired master permit holder, or 
Registered Buyer must comply with the R&R requirements provided at 
paragraphs (e), (g), (k), and (l) of this section.
    (iv) The CDQ permit holder, CDQ hired master permit holder, or 
Registered Buyer must comply with the R&R requirements provided at 
paragraphs (e), (g), (k), and (l)(1) through (6) of this section.
    (3) Fish to be recorded and reported. The operator or manager must 
record and report the following information (see paragraphs (a)(3)(i) 
through (iv) of this section) for all groundfish (see Table 2a to this 
part), prohibited species (see Table 2b to this part) and forage fish 
(see Table 2c to this part). The operator or manager may record and 
report the following information (see paragraphs (a)(3)(i) through (iv) 
of this section) for non-groundfish (see Table 2d to this part):
    (i) Harvest information;
    (ii) Receipt information from catcher vessels and buying stations, 
including fish received from vessels not required to have an FFP; and 
fish received under contract for handling or processing for another 
processor;
    (iii) Discard or disposition information, including fish reported 
but not delivered to the operator or manager, e.g., fish used onboard a 
vessel, when receiving catch from a catcher vessel or buying station; 
and
    (iv) Transfer information, including fish transferred out of the 
facility or off the vessel.
    (4) Exemptions--(i) Catcher vessels less than 60 ft (18.3 m) LOA. 
Except for the vessel activity report described at paragraph (k) of this 
section, the owner or operator of a catcher vessel less than 60 ft (18.3 
m) LOA is not required to comply with the R&R requirements of this 
section.
    (ii) Catcher vessels that take groundfish in crab pot gear for use 
as crab bait on that vessel. (A) Owners or operators of catcher vessels 
who, when crab is open anywhere or in the same area as an open crab 
season, take groundfish in crab pot gear for use as crab bait onboard 
their same vessels, and the bait is neither transferred nor sold, are 
not required to comply with R&R requirements of this section.
    (B) This exemption does not apply to fishermen who:
    (1) Catch groundfish for bait during an open crab season and sell 
that groundfish or transfer it to another vessel, or
    (2) Participate in a directed fishery for groundfish using any gear 
type during periods that are outside an open crab season for use as crab 
bait onboard their vessel.
    (C) No groundfish species listed by NMFS as ``prohibited'' in a 
management or regulatory area may be taken in that area for use as bait.
    (5) Inspection and retention of records--(i) Inspection of records. 
The operator or manager must make available for inspection the R&R 
documentation in this section and in Sec. 679.28 upon the request of an 
authorized officer.
    (ii) Retention of records. The operator or manager must retain the 
R&R documentation described in this section and in Sec. 679.28:
    (A) On site. Retain these records on site at the shoreside processor 
or SFP, 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 R&R documentation are retained.
    (B) For 3 years. Retain these records for 3 years after the end of 
the fishing year during which the records were made.
    (6) Maintenance of records. The operator or manager must maintain 
all records described in this section and in Sec. 679.28 in English and 
in a legible, timely, and accurate manner, based on Alaska local time 
(A.l.t.); if handwritten, in indelible ink; if computer-generated, as a 
legible printed paper copy.

[[Page 569]]

    (7) Custom processing. The manager of a shoreside processor or SFP 
or the operator of a mothership must record products that result from 
custom processing for another person in eLandings consistently 
throughout a fishing year using one of the following two methods:
    (i) Combined records. Record landings, discards or dispositions, and 
products of custom-processed groundfish routinely in eLandings using 
processor name, FFP or FPP number, and ADF&G processor code; or
    (ii) Separate records. Record landings, discards or dispositions, 
and products of custom-processed groundfish in eLandings identified by 
the name, FPP number or FFP number, and ADF&G processor code of the 
associated business entity.
    (b) Representative. The operator of a catcher vessel, mothership, 
catcher/processor, or buying station delivering to a mothership or 
manager of a shoreside processor, SFP, or buying station delivering to a 
shoreside processor or SFP 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 (b) does not relieve the owner, 
operator, or manager of responsibility for compliance under paragraphs 
(a)(1) through (6) of this section.
    (c) Logbooks--(1) Requirements--(i) Use of two or more vessel 
logbooks of same gear type. If using more than one logbook of the same 
gear type in a fishing year onboard a vessel, the operator must ensure 
that the page numbers follow the consecutive order of the previous 
logbook.
    (ii) Use of two or more vessel logbooks of different gear types. If 
two or more different gear types are used onboard a vessel in a fishing 
year, the operator(s) of this vessel must use the same number of 
separate vessel logbooks for the different gear types, each separately 
paginated.
    (iii) Two vessel logbooks for pair trawl. If two vessels are 
dragging a trawl between them (pair trawl), the operator of each vessel 
must maintain a separate logbook to record the amount of the catch 
retained and fish discarded by that vessel. Each of the two logbooks 
must be separately paginated.
    (iv) Two logbooks of different operation. If a vessel functions both 
as a mothership and as a catcher/processor in the same fishing year, the 
operator(s) must maintain two logbooks, a separate logbook for each 
operation type, each separately paginated.
    (v) Alteration of logbook information. (A) Except as described in 
paragraph (c)(1)(v)(B) of this section, no person may alter or change 
any entry or record in a logbook.
    (B) An inaccurate or incorrect entry or record must 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.
    (vi) Logsheet distribution and submittal. (A) No person except an 
authorized officer may remove any original white logsheet of any 
logbook.
    (B) The operator must distribute and submit logsheets as indicated 
in the following table:

----------------------------------------------------------------------------------------------------------------
                                       Logsheet Distribution and Submittal
-----------------------------------------------------------------------------------------------------------------
                                  Logsheets found in these logbooks
                              ----------------------------------------
   If logsheet color is ...     CV lgl/           CP lgl/    CP           Submit to ...          Time limit
                                  pot    CV trw     pot     trw    MS
----------------------------------------------------------------------------------------------------------------
(1) White                      X         X       X         X      X    Must retain, permanently bound in logbook
----------------------------------------------------------------------------------------------------------------
(2) Goldenrod                  X         X       X         X      X    Observer            After signature of
                                                                                            operator and prior
                                                                                            to departure of
                                                                                            observer from the
                                                                                            vessel.
----------------------------------------------------------------------------------------------------------------

[[Page 570]]

 
(3) Yellow                     X         X       ........  .....  ...  Must submit         On the following
                                                                        quarterly to:       schedule:
                                                                       NOAA Fisheries      1st quarter by May 1
                                                                        Office for Law      of that fishing
                                                                        Enforcement         year. 2nd quarter by
                                                                        Alaska Region       August 1 of that
                                                                        Logbook Program,    fishing year. 3rd
                                                                        P.O. Box 21767,     quarter by November
                                                                        Juneau, AK 99802-   1 of that fishing
                                                                        1767 Telephone:     year. 4th quarter by
                                                                        907-586-7225        February 1 of the
                                                                                            following fishing
                                                                                            year.
----------------------------------------------------------------------------------------------------------------
(4) Blue                       X         X       ........  .....  ...  Mothership,         Within 2 hours after
                                                                        shoreside           completion of catch
                                                                        processor, SFP,     delivery
                                                                        or buying station
                                                                        that receives the
                                                                        harvest
----------------------------------------------------------------------------------------------------------------
(5) Green                      X         ......  X         .....  ...  Optional, but may   If required, after
                                                                        be required by      the vessel's catch
                                                                        IPHC (see Sec. is off-loaded
                                                                        Sec. 300.60
                                                                        through 300.65 of
                                                                        this chapter)
----------------------------------------------------------------------------------------------------------------
Note: CP = catcher/processor; CV = catcher vessel; lgl = longline; trw = trawl; MS = mothership.

    (2) Recording active and inactive time periods in the DFL or DCPL--
(i) Account for each day of the fishing year. The operator must account 
for each day of the fishing year, January 1 through December 31, in the 
DFL or DCPL and indicate whether the vessel or processor was active or 
inactive during the time period.
    (A) An active period by fishing category is defined in the following 
paragraphs under this section:

------------------------------------------------------------------------
             Paragraph                        Fishing Category
------------------------------------------------------------------------
(c)(3)(iv)(A)(1)                    Catcher vessel, longline or pot gear
------------------------------------------------------------------------
(c)(3)(iv)(B)(1)                    Catcher/processor, longline or pot
                                     gear
------------------------------------------------------------------------
(c)(4)(iv)(A)(1)                    Catcher vessel, trawl gear
------------------------------------------------------------------------
(c)(4)(iv)(B)(1)                    Catcher/processor, trawl gear
------------------------------------------------------------------------
(c)(5)(ii)                          Shoreside processor or SFP
------------------------------------------------------------------------
(c)(6)(iv)                          Mothership
------------------------------------------------------------------------

    (B) An inactive period is defined as a time period other than 
active.
    (ii) Record January 1 on page 1. The operator must record the first 
day of the fishing year, January 1, on page one of the DFL or DCPL 
regardless of whether the vessel or processor was active or inactive. 
The operator must record time periods consecutively.
    (iii) Required information for inactive periods. If inactive, the 
operator must record the following information (see paragraphs 
(c)(2)(iii)(A) through (F) of this section) on one logsheet in the DFL 
or DCPL:
    (A) If a catcher vessel, vessel name, ADF&G vessel registration 
number, FFP number or Federal crab vessel permit number, operator 
printed name, operator signature, and page number.
    (B) If a mothership or catcher/processor, record vessel name, ADF&G 
processor code, FFP number, operator printed name, operator signature, 
and page number.
    (C) Mark ``inactive.''
    (D) Record the date (mm/dd) of the first day when inactive under 
``Start date.''
    (E) Write brief explanation why inactive, e.g., bad weather or 
equipment failure. If inactive due to surrender of a FFP or FPP, write 
``surrender of permit'' as the reason for inactivity.
    (F) Record the date (mm/dd) of the last day when inactive under 
``End date.''
    (iv) Inactive two or more quarters. If the inactive time period 
extends across two or more successive quarters, the operator must 
complete a logsheet for each inactive quarter. The first logsheet must 
indicate the first and last day of the first inactive quarter. 
Successive logsheets must indicate the first and last day of its 
respective inactive quarter.
    (3) Longline and pot gear catcher vessel DFL and catcher/processor 
DCPL--(i) Responsibility--(A) Groundfish fisheries. (1)

[[Page 571]]

Except as described in paragraph (f)(1)(i) of this section, the operator 
of a catcher vessel 60 ft (18.3 m) or greater LOA, that is required to 
have an FFP under Sec. 679.4(b) and that is using longline or pot gear 
to harvest groundfish must maintain a longline and pot gear DFL.
    (2) Except as described in paragraph (f)(1)(ii) of this section, the 
operator of a catcher/processor that is required to have an FFP under 
Sec. 679.4(b) and that is using longline or pot gear to harvest 
groundfish must use a combination of catcher/processor longline and pot 
gear DCPL and eLandings to record and report daily processor 
identification information, catch-by-set information, groundfish 
production data, and groundfish and prohibited species discard or 
disposition data.
    (B) IFQ halibut, CDQ halibut, and IFQ sablefish fisheries. (1) 
Except as described in paragraph (f)(1)(i) of this section, the operator 
of a catcher vessel 60 ft (18.3 m) or greater LOA, using fixed gear 
(NMFS), setline (IPHC), or pot gear to harvest IFQ sablefish, IFQ 
halibut, or CDQ halibut from the GOA or BSAI, must maintain a longline 
and pot gear DFL.
    (2) Except as described in paragraph (f)(1)(ii) of this section, the 
operator of a catcher/processor that is using longline or pot gear to 
harvest IFQ sablefish, IFQ halibut, or CDQ halibut from the GOA or BSAI 
must use a combination of catcher/processor longline and pot gear DCPL 
and eLandings to record and report daily processor identification 
information, catch-by-set halibut and sablefish landings data, and 
halibut, sablefish, and prohibited species discard or disposition data.
    (C) CR crab fisheries. (1) The operator of a catcher vessel 60 ft 
(18.3 m) or greater LOA, using pot gear to harvest CR crab from the BSAI 
must maintain a longline and pot gear DFL.
    (2) The operator of a catcher/processor that is using pot gear to 
harvest CR crab from the BSAI must use a combination of catcher/
processor longline and pot gear DCPL and eLandings to record and report 
daily processor identification information, CR crab landings data, and 
CR crab and prohibited species discard or disposition data.
    (ii) Data entry time limits--(A) Catcher vessel. The operator of a 
catcher vessel using longline or pot gear must record in the DFL the 
information from the following table for each set within the specified 
time limit:

------------------------------------------------------------------------
       DATA ENTRY TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR
-------------------------------------------------------------------------
         Required information               Time limit for recording
------------------------------------------------------------------------
(1) Set number, time and date gear     Within 2 hours after completion
 set, time and date gear hauled,        of gear retrieval
 beginning and end positions, CDQ
 group number, halibut CDQ permit
 number, halibut IFQ permit number,
 sablefish IFQ permit number, crab
 IFQ permit number, FFP number and/or
 Federal crab vessel permit number
 (if applicable), number of pots set,
 and estimated total hail weight for
 each set
------------------------------------------------------------------------
(2) Discard and disposition            By noon each day to record the
 information                            previous day's discard and
                                        disposition information
------------------------------------------------------------------------
(3) Submit the blue DFL to             Within 2 hours after completion
 mothership, shoreside processor,       of catch delivery
 SFP, or buying station receiving
 catch
------------------------------------------------------------------------
(4) All other required information     Within 2 hours after the vessel's
                                        catch is off-loaded,
                                        notwithstanding other time
                                        limits
------------------------------------------------------------------------
(5) Operator sign the completed        Within 2 hours after completion
 logsheets                              of catch delivery
------------------------------------------------------------------------
(6) Submit goldenrod logsheet to the   After signature of operator and
 observer                               prior to departure of observer
                                        from the vessel.
------------------------------------------------------------------------

    (B) Catcher/processor. The operator of a catcher/processor using 
longline or pot gear must record in the DCPL or eLandings the 
information from the following table for each set within the specified 
time limit:

[[Page 572]]



----------------------------------------------------------------------------------------------------------------
                         DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR
-----------------------------------------------------------------------------------------------------------------
                                                           Record In
             Required information              ---------------------------------     Time limit for recording
                                                    DCPL          eLandings
----------------------------------------------------------------------------------------------------------------
(1) Set number, time and date gear set, time    X             X                  Within 2 hours after completion
 and date gear hauled, beginning and end                                          of gear retrieval
 positions, CDQ group number, halibut CDQ
 permit number, halibut IFQ permit number,
 sablefish IFQ permit number, crab IFQ permit
 number, FFP number and/or Federal crab vessel
 permit number (if applicable), number of pots
 set, and estimated total hail weight for each
 set
----------------------------------------------------------------------------------------------------------------
(2) Discard and disposition information         ............  X                  By midnight each day to record
                                                                                  the previous day's discard and
                                                                                  disposition information
----------------------------------------------------------------------------------------------------------------
(3) Product information                         ............  X                  By noon each day to record the
                                                                                  previous day's production
                                                                                  information
----------------------------------------------------------------------------------------------------------------
(4) All other required information              X             X                  By noon of the day following
                                                                                  completion of production
----------------------------------------------------------------------------------------------------------------
(5) Operator sign the completed logsheets       X             X                  By noon of the day following
                                                                                  the week-ending date of the
                                                                                  weekly reporting period
----------------------------------------------------------------------------------------------------------------
(6) Submit goldenrod logsheet to the observer   X             .................  After signature of operator and
                                                                                  prior to departure of observer
                                                                                  from the vessel
----------------------------------------------------------------------------------------------------------------

    (iii) Required information, if inactive. See paragraph (c)(2) of 
this section.
    (iv) Required information, if active--(A) Catcher vessel, longline 
or pot gear. (1) A catcher vessel using longline or pot gear is active 
when gear remains on the grounds in a reporting area (except reporting 
areas 300, 400, 550, or 690), regardless of the vessel location.
    (2) If the catcher vessel identified in paragraph (c)(3)(i)(A)(1) of 
this section is active, the operator must record in the DFL, for one or 
more days on each logsheet, the information listed in paragraphs 
(c)(3)(v), (vi), (viii), (ix), and (x) of this section.
    (3) Retain and record discard quantities over the MRA. When a 
catcher vessel is 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 
(MRA) 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.
    (B) Catcher/processor, longline or pot gear. (1) A catcher/processor 
using longline or pot gear is active when processing or when all or part 
of the longline or pot gear is in the water.
    (2) If the catcher/processor identified in paragraph (c)(3)(i)(A)(2) 
of this section is active, the operator must record in the DCPL the 
information listed in paragraphs (c)(3)(v) and (vi) of this section and 
must record in eLandings the information listed in paragraphs (c)(3)(v), 
(vii), (viii), and (x) of this section.
    (3) Retain and record discard quantities over the MRA. When a 
catcher/processor is 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 MRA 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 eLandings.
    (v) Identification information--(A) Page number. Number the pages in 
each logbook consecutively, beginning on the first page of the DFL or 
DCPL with page 1 for January 1 and continuing for the remainder of the 
fishing year.
    (B) Printed name and signature of operator. The operator's name must 
be printed in the DFL or DCPL. The operator must sign each completed 
logsheet of the DFL or DCPL as verification of

[[Page 573]]

acceptance of the responsibility required in paragraph (a)(2) of this 
section
    (C) Vessel identification. Name of vessel as displayed in official 
documentation; FFP number or Federal crab vessel permit number of the 
vessel; and ADF&G vessel registration number if a catcher vessel or 
ADF&G processor code if a catcher/processor.
    (D) Other permit numbers (if applicable). IFQ permit number of the 
operator, if any, and each permit number of any IFQ permit on which 
anyone aboard is authorized to fish; groundfish CDQ group number; and 
halibut CDQ permit number.
    (E) Reporting area--(1) Groundfish. Record the Federal reporting 
area code (see Figures 1 and 3 to this part) where gear retrieval was 
completed, regardless of where the majority of the set took place. Use a 
separate logsheet for each reporting area.
    (2) IFQ halibut and CDQ halibut. Record the IPHC regulatory area 
(see Figure 15 to this part) where gear retrieval was completed, 
regardless of where the majority of the set took place.
    (3) CR crab. Leave this field blank.
    (F) Crew size. If a catcher vessel, record the number of crew 
members (including operator), excluding observer(s), on the last day of 
a trip. If a catcher/processor, record the number of crew members 
(including operator), excluding observer(s), on the last day of the 
weekly reporting period.
    (G) Gear type. Use a separate logsheet for each gear type. From the 
following table, indicate the gear type used to harvest the fish and 
appropriate ``gear ID.'' In addition, if using hook-and-line gear, enter 
the alphabetical letter that coincides with the gear description. If 
gear information is the same on subsequent logsheets, mark the box 
instead of re-entering the gear type information on the next logsheet.

------------------------------------------------------------------------
       If gear type is ...                        Then ...
------------------------------------------------------------------------
(1) Other gear                     If gear is other than those listed
                                    within this table, indicate
                                    ``Other'' and describe
------------------------------------------------------------------------
(2) Pot gear                       Enter the number of pots lost
                                    (optional, but may be required by
                                    IPHC regulations (see Sec. Sec.
                                    300.60 through 300.65 of this
                                    chapter)) and number of pots set
------------------------------------------------------------------------
(3) Hook-and-line gear             Indicate:
                                   (i) Whether gear is fixed hook
                                    (conventional or tub), autoline, or
                                    snap (optional, but may be required
                                    by IPHC regulations (see Sec. Sec.
                                     300.60 through 300.65 of this
                                    chapter))
                                  --------------------------------------
                                   (ii) Length of skate to the nearest
                                    foot (optional, but may be required
                                    by IPHC regulations (see Sec. Sec.
                                     300.60 through 300.65 of this
                                    chapter)), number of skates lost
                                    (optional, but may be required by
                                    IPHC regulations (see Sec. Sec.
                                    300.60 through 300.65 of this
                                    chapter)), and number of skates set
                                  --------------------------------------
                                   (iii) Number of hooks per skate
                                    (optional, but may be required by
                                    IPHC regulations (see Sec. Sec.
                                    300.60 through 300.65 of this
                                    chapter)), size of hooks, and hook
                                    spacing in feet
                                  --------------------------------------
                                   (iv) Seabird avoidance gear code(s)
                                    (see Sec. 679.24(e) and Table 19
                                    to this part)
------------------------------------------------------------------------

    (H) Management program. Indicate whether harvest occurred under a 
management program (see paragraph (a)(1)(iii) of this section). Use a 
separate logsheet for each management program. If harvest is not under 
one of the listed management programs, leave blank.
    (I) Observer information. Record the number of observers aboard, the 
name of the observer(s), and the observer cruise number(s).
    (vi) Catch-by-set information. The operator must record the 
following information (see paragraphs (c)(3)(vi)(A) through (L) of this 
section) for each set (see Sec. 679.2) in the DFL or DCPL. If no catch 
occurred for a given day, write ``no catch.''
    (A) Set number. Sequentially by year.
    (B) Gear deployment (or to set gear)--(1) Hook-and-line gear begin 
position. Record date (mm/dd), time (in military format, A.l.t.), and 
the begin position (in latitude and longitude to the nearest minute; 
indicate E or W for longitude) when the first hook-and-line gear of a 
set enters the water.
    (2) Jig or troll gear begin position. Record date (mm/dd), time (in 
military format, A.l.t.), and the begin position (latitude and longitude 
to the nearest minute; indicate E or W for longitude) when the jig or 
troll gear enters the water.
    (3) Pot gear begin position. Record date (mm/dd), time (in military 
format, A.l.t.), and the begin position (latitude

[[Page 574]]

and longitude to the nearest minute; indicate E or W for longitude) when 
the pot gear enters the water.
    (C) Gear retrieval (or to haul gear)--(1) Hook-and-line gear end 
position. Date (mm/dd), time (in military format, A.l.t.), and end 
position coordinates (in latitude and longitude to the nearest minute; 
indicate E or W for longitude), where the last hook-and-line gear of a 
set leaves the water, regardless of where the majority of the set took 
place.
    (2) Jig or troll gear end position. Date (mm/dd), time (in military 
format, A.l.t.), and end position coordinates (in latitude and longitude 
to the nearest minute; indicate E or W for longitude) where the jig or 
troll gear leaves the water.
    (3) Pot gear end position. Date (mm/dd), time (in military format, 
A.l.t.), and end position coordinates (in latitude and longitude to the 
nearest minute; indicate E or W for longitude) where the last pot of a 
set is retrieved, regardless of where the majority of the set took 
place.
    (D) Begin and end buoy or bag numbers. (optional, but may be 
required by IPHC regulations (see Sec. Sec. 300.60 through 300.65 of 
this chapter)).
    (E) Begin and end gear depths. Recorded to the nearest fathom 
(optional, but may be required by IPHC regulations (see Sec. Sec. 
300.60 through 300.65 of this chapter)).
    (F) Species codes. The operator must record and report required 
information for all groundfish (see Table 2a to this part), prohibited 
species (see Table 2b to this part), and forage fish (see Table 2c to 
this part). The operator may record and report information for non-
groundfish (see Table 2d to this part).
    (G) Target species code. Enter the species code of the intended 
species to be harvested. Enter only one target species code.
    (H) Estimated total hail weight. Enter the estimated hail weight, 
which is an estimate of the total weight of the entire catch without 
regard to species. Indicate whether weight is estimated to the nearest 
pound or to the nearest 0.001 mt.
    (I) IR/IU species (see Sec. 679.27). If a catcher/processor, enter 
species code of IR/IU species and estimated total round weight for each 
IR/IU species, if applicable; indicate whether weight is estimated to 
the nearest pound or the nearest 0.001 mt. Use one line to record 
information for each IR/IU species, including species code and amount of 
catch. If more than one IR/IU species are to be recorded, the operator 
must use a separate line for each species.
    (J) IFQ halibut and CDQ halibut. Estimated total net weight of IFQ 
halibut and CDQ halibut to the nearest pound.
    (K) IFQ sablefish. Number and estimated total round weight of IFQ 
sablefish to the nearest pound. Indicate whether IFQ sablefish product 
is Western cut, Eastern cut, or round weight.
    (L) CR crab. If in a CR crab fishery, record the number and scale 
weight of raw CR crab to the nearest pound.
    (vii) Product information, catcher/processor. The operator of a 
catcher/processor using longline or pot gear must record groundfish 
product information for all retained groundfish in eLandings (see 
paragraph (e)(10) of this section).
    (viii) Discard or disposition information, catcher vessel. The 
operator must record in a DFL the discard or disposition information 
that occurred prior to and during delivery to a buying station, 
mothership, shoreside processor, or SFP. Discard or disposition 
information must include the daily weight of groundfish, daily weight of 
herring PSC, and daily number of PSC animals. If no discard or 
disposition occurred for a given day, the operator must write ``no 
discards or disposition.''
    (A) Enter discard or disposition information by species codes and 
product codes as follows:
    (1) Date (mm/dd) of discard or disposition (day that discard or 
disposition occurred).
    (2) For whole fish discard or disposition of groundfish or Pacific 
herring PSC, daily estimated total weight, balance forward weight from 
the previous day, and cumulative total weight since last delivery for 
each species; indicate whether weight is estimated to the nearest pound 
or nearest 0.001 mt.
    (3) For whole fish discard or disposition of each prohibited species 
(Pacific salmon, steelhead trout, Pacific halibut, king crabs, and 
Tanner crabs)

[[Page 575]]

record the daily estimated total number, balance forward from the 
previous day, and cumulative total number since the last delivery.
    (4) Summarize the weekly cumulative discard and disposition totals 
of groundfish weights and number of PSC animals separately by reporting 
area, management program, and gear type. Determine the weekly cumulative 
total by adding daily totals and the balance carried forward from the 
day before.
    (B) The operator must record ``0'' or zero balance forward and start 
a new logsheet after the offload or transfer of all fish or fish product 
onboard and prior to the beginning of each fishing trip. Nothing shall 
be carried forward from the previous fishing trip.
    (ix) Discard or disposition information, catcher/processor. The 
operator of a catcher/processor using longline or pot gear must record 
all discard or disposition information in eLandings (see paragraph 
(e)(10) of this section).
    (x) Catcher vessel delivery information. The operator of a catcher 
vessel must enter the following information (see paragraphs (c)(3)(x)(A) 
through (D) of this section) for delivery to a buying station, 
mothership, shoreside processor, or SFP:
    (A) Date (mm/dd) that delivery of harvest was completed.
    (B) ADF&G fish ticket issued to operator by the recipient, 
Registered Buyer, or RCR receiving the delivery.
    (C) Name of recipient, Registered Buyer, or RCR.
    (D) For the unloading port, enter the name of the port or port code 
(see Tables 14a and 14b to this part) of delivery location.
    (4) Trawl gear catcher vessel DFL and catcher/processor DCPL--(i) 
Responsibility. (A) Except as described in paragraph (f)(1)(iii) of this 
section, the operator of a catcher vessel 60 ft (18.3 m) or greater LOA, 
that is required to have an FFP under Sec. 679.4(b), and that is using 
trawl gear to harvest groundfish must maintain a trawl gear DFL, must 
complete one or more logsheets per day. Upon notification by the 
Regional Administrator, a DFL from the previous year may be used.
    (B) Except as described in paragraph (f)(1)(iv) or (vii) of this 
section, the operator of a catcher/processor that is required to have an 
FFP under Sec. 679.4(b) and that is using trawl gear to harvest 
groundfish is required to use a combination of catcher/processor trawl 
gear DCPL and eLandings to record and report daily processor 
identification information, catch-by-haul landings information, 
groundfish production data, and groundfish and prohibited species 
discard or disposition data. Under paragraph (f)(1)(vii) of this 
section, the operators of AFA catcher/processors or any catcher/
processor harvesting pollock CDQ are required to use an ELB and no 
longer report using a DCPL.
    (ii) Data entry time limits--(A) Catcher vessel. The operator of a 
catcher vessel using trawl gear must record in the DFL the information 
in the following table for each haul within the specified time limit:

------------------------------------------------------------------------
            DATA ENTRY TIME LIMITS, CATCHER VESSEL TRAWL GEAR
-------------------------------------------------------------------------
         Required information               Time limit for recording
------------------------------------------------------------------------
(1) Haul number, time and date gear    Within 2 hours after completion
 set, time and date gear hauled,        of gear retrieval, except that
 beginning and end positions, CDQ       catcher vessels harvesting
 group number (if applicable), total    pollock CDQ in the BS and
 estimated hail weight for each haul    delivering unsorted codends to a
                                        mothership must record CDQ group
                                        number within 2 hours after
                                        completion of weighing all catch
                                        in the haul on the mothership
------------------------------------------------------------------------
(2) Discard and disposition            By noon each day to record the
 information                            previous day's discard and
                                        disposition information
------------------------------------------------------------------------
(3) Submit blue DFL to mothership,     Within 2 hours after completion
 shoreside processor, SFP, or buying    of catch delivery
 station receiving the catch
------------------------------------------------------------------------
(4) Record all other required          Within 2 hours after the vessel's
 information                            catch is off-loaded,
                                        notwithstanding other time
                                        limits
------------------------------------------------------------------------
(5) Operator sign the completed        Within 2 hours after completion
 logsheets                              of catch delivery
------------------------------------------------------------------------

[[Page 576]]

 
(6) Submit the goldenrod logsheet to   After signature of operator and
 the observer                           prior to departure of observer
                                        from the vessel.
------------------------------------------------------------------------

    (B) Catcher/processor. The operator of a catcher/processor using 
trawl gear must record in the DCPL or eLandings the information in the 
following table for each haul within the specified time limit:

------------------------------------------------------------------------
          DATA ENTRY TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR
-------------------------------------------------------------------------
                                    Record In                     Time
     Required      ------------------------------------------- limit for
    information        DCPL               eLandings            recording
------------------------------------------------------------------------
(1) Haul number,    X           X                              Except
 time and date                                                   for
 gear set, time                                                Rockfish
 and date gear                                                 Pilot
 hauled, begin and                                             Program,
 end positions of                                              within 2
 gear, CDQ group                                               hours
 number (if                                                    after
 applicable), and                                              completio
 total estimated                                               n of gear
 hail weight for                                               retrieval
 each haul, or if                                                  .
 required to use a                                               For
 NMFS approved                                                 Rockfish
 scale, the scale                                              Pilot
 weight for each                                               Program,
 haul                                                          actual
                                                               scale
                                                               weight
                                                               from the
                                                                flow
                                                               scale may
                                                                  be
                                                               recorded
                                                               within 24
                                                               hours
                                                               after
                                                               completio
                                                               n of gear
                                                               retrieval
                                                                   .
------------------------------------------------------------------------
(2) Discard and     ..........  X                                 By
 disposition                                                   midnight
 information                                                   each day
                                                               to record
                                                                 the
                                                               previous
                                                               day's
                                                               discard
                                                                 and
                                                               dispositi
                                                                  on
                                                               informati
                                                                  on
------------------------------------------------------------------------
(3) Record product  ..........  X                              By noon
 information                                                   each day
                                                               to record
                                                                 the
                                                               previous
                                                               day's
                                                               productio
                                                                   n
                                                               informati
                                                                  on
------------------------------------------------------------------------
(4) Record all      X           X                              By noon
 other required                                                of the
 information                                                     day
                                                               following
                                                               completio
                                                                n of
                                                               productio
                                                                n to
                                                               record
                                                               all other
                                                               required
                                                               informati
                                                                  on
------------------------------------------------------------------------
(5) Operator sign   X           X                              By noon
 the completed                                                 of the
 logsheets                                                       day
                                                               following
                                                               the week-
                                                               ending
                                                               date of
                                                                 the
                                                               weekly
                                                               reporting
                                                               period
------------------------------------------------------------------------
(6) Submit the      X           .............................  After
 goldenrod                                                     signature
 logsheet to the                                                  of
 observer                                                      operator
                                                               and prior
                                                                  to
                                                               departure
                                                                  of
                                                               observer
                                                               from the
                                                               vessel.
------------------------------------------------------------------------

    (iii) Required information, if inactive. See paragraph (c)(2) of 
this section.
    (iv) Required information, if active--(A) Catcher vessel. (1) A 
catcher vessel using trawl gear is active when all or part of the trawl 
net is in the water.
    (2) If the catcher vessel identified in paragraph (c)(4)(i)(A) of 
this section is active, the operator must record for one day per 
logsheet in the DFL, the information described in paragraphs (c)(4)(v), 
(vi), (viii), and (x) of this section.
    (B) Catcher/processor. (1) A catcher/processor using trawl gear is 
active when processing groundfish or when all or part of the trawl net 
is in the water.
    (2) If the catcher/processor identified in paragraph (c)(4)(i)(B) of 
this section is active, the operator must record for one day per 
logsheet in the DCPL, the information described in paragraphs (c)(4)(v) 
and (vi) of this section and record in eLandings the information 
described in paragraphs (c)(4)(v), (vii), and (ix) of this section.
    (v) Identification information. If active, the operator must record 
the following information (see paragraphs (c)(4)(v)(A) through (J) of 
this section):
    (A) Date. Enter date of each day (mm/dd/yyyy). This date is also the 
date of gear deployment.
    (B) Page number. Number the pages in each logbook consecutively, 
beginning on the first page of the DFL or DCPL with page 1 for January 1 
and continuing for the remainder of the fishing year.
    (C) Printed name and signature of operator. The operator's name must 
be printed in the DFL or DCPL. The operator must sign each completed 
logsheet of the DFL or DCPL as verification of acceptance of the 
responsibility required in paragraph (a)(2) of this section. The 
operator's signature is due by noon of the day following the week-

[[Page 577]]

ending date of the weekly reporting period.
    (D) Vessel identification. Name of vessel as displayed in official 
documentation; FFP number of the vessel; ADF&G vessel registration 
number if a catcher vessel; and ADF&G processor code if a catcher/
processor.
    (E) Federal reporting area. Record the Federal reporting area code 
where gear retrieval was completed, regardless of where the majority of 
the set took place. Use a separate logsheet for each reporting area.
    (F) COBLZ or RKCSA. If gear retrieval occurred in the COBLZ (see 
Figure 13 to this part) or RKCSA (see Figure 11 to this part) area 
within a reporting area, 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.
    (G) Crew size. If a catcher vessel, record the number of crew 
members (including operator), excluding observer(s), on the last day of 
a trip. If a catcher/processor, record the number of crew members 
(including operator), excluding observer(s), on the last day of the 
weekly reporting period.
    (H) Gear type. Use a separate logsheet for each gear type. Indicate 
whether pelagic trawl or non-pelagic trawl gear was used to harvest the 
fish.
    (I) Management program. Indicate whether harvest occurred under one 
of the management programs (see paragraph (a)(1)(iii) of this section). 
Use a separate logsheet for each management program. If harvest is not 
under one of the listed management programs, leave blank.
    (J) Observer information. Record the number of observers aboard, the 
name of the observer(s), and the observer cruise number(s).
    (vi) Catch-by-haul information. The operator must record the 
following information (see paragraphs (c)(4)(vi)(A) through (H) of this 
section) for each haul (see Sec. 679.2). If no catch occurred for a 
given day, write ``no catch.''
    (A) Haul number. Number hauls sequentially by year.
    (B) Gear deployment (or to set gear). Record the following 
information (see paragraphs (c)(4)(vi)(B)(1) and (2) of this section) 
for trawl gear deployment:
    (1) The time (in military format, A.l.t.) when the trawl net enters 
the water, and
    (2) The position (latitude and longitude to the nearest minute; 
indicate E or W for longitude) where the trawl net enters the water.
    (C) Gear retrieval (or to haul gear). Record the following 
information (see paragraphs (c)(4)(vi)(C)(1) and (2) of this section) 
for trawl gear retrieval:
    (1) The date (mm/dd) and time (in military format, A.l.t.) when 
retrieval of trawl gear cable begins.
    (2) The position (in latitude and longitude to the nearest minute; 
indicate E or W for longitude) where retrieval of trawl gear cable 
begins.
    (D) Average sea depth and average gear depth. Average sea depth and 
average gear depth; indicate whether average is reported to the nearest 
meter or fathom.
    (E) Species codes. The operator must record and report the required 
information for all groundfish (see Table 2a to this part), prohibited 
species (see Table 2b to this part), and forage fish (see Table 2c to 
this part). The operator may also record and report the required 
information for non-groundfish (see Table 2d to this part).
    (F) Target species code. Enter the species code of the species to be 
harvested. Enter only one target species code.
    (G) IR/IU species (see Sec. 679.27). If a catcher/processor, enter 
species code of IR/IU species and estimated total round weight for each 
IR/IU species, if applicable; indicate whether estimated weight is to 
the nearest pound or the nearest 0.001 mt. Use one line to record 
information for each IR/IU species, including species code and amount of 
catch. If more than one IR/IU species are to be recorded, the operator 
must use a separate line for each species.
    (H) Total estimated hail weight. (1) If a catcher vessel or catcher/
processor using trawl gear and not using NMFS-approved scales, the 
operator must record the hail weight of each haul; total hail weight is 
an estimate of the total weight of the entire catch without regard to 
species. Indicate whether

[[Page 578]]

estimated weight is to the nearest pound or to the nearest 0.001 mt.
    (2) If a catcher/processor using trawl gear is required to use a 
NMFS-approved scale, the operator must record the scale weight of each 
haul without regard to species. Indicate whether weight is to the 
nearest pound or to the nearest 0.001 mt.
    (vii) Product information, catcher/processor. The operator of a 
catcher/processor using trawl gear must record all product information 
for all retained groundfish in eLandings (see paragraph (e)(10) of this 
section).
    (viii) Discard or disposition information, catcher vessel. The 
operator must record in a DFL (see paragraphs (c)(4)(viii)(A) through 
(E) of this section) the discard or disposition that occurred prior to 
and during delivery to a buying station, mothership, shoreside 
processor, or SFP. If no discards or disposition occurred on a given 
day, write ``no discards or disposition.''
    (A) Species code and product code. Record the species code and 
product code for all discards and disposition of groundfish and PSC 
Pacific herring, Pacific salmon, steelhead trout, Pacific halibut, king 
crabs, and Tanner crabs.
    (B) Discard and disposition weight. Record the daily estimated total 
round weight of groundfish or Pacific herring PSC discards and 
disposition, balance forward weight from the previous day, and 
cumulative total weight since last delivery, calculated by adding the 
daily totals and balance carried forward from the day before; indicate 
whether estimated weight is to the nearest pound or nearest 0.001 mt.
    (C) PSC discard numbers. Record the daily number of PSC discards and 
disposition, balance forward from the previous day, and cumulative total 
number since last delivery of PSC animals (Pacific salmon, steelhead 
trout, Pacific halibut, king crabs, and Tanner crabs).
    (D) Discard and disposition cumulative total. Summarize cumulative 
discard and disposition totals of groundfish and PSC animals separately 
by reporting area, if harvest occurred in the COBLZ or RKCSA, management 
program, and gear type.
    (E) Discard zero balance forward. After the offload or transfer of 
all fish or fish product onboard and prior to the beginning of each 
fishing trip, the operator must record the balance forward from the 
previous day as ``zero'' and start a new logsheet. At the beginning of 
each fishing trip, nothing shall be carried forward from the previous 
fishing trip.
    (ix) Discard or disposition information, catcher/processor. The 
operator of a catcher/processor using trawl gear must record discard or 
disposition information in eLandings (see paragraph (e)(10) of this 
section).
    (x) Catcher vessel delivery information. The operator must enter the 
following delivery information (see paragraphs (c)(4)(x)(A) through (C) 
of this section) for groundfish delivered to a buying station, 
mothership, shoreside processor, or SFP:
    (A) Date (mm/dd) that delivery of harvest was completed,
    (B) ADF&G fish ticket number issued to operator by the recipient 
receiving the delivery, and
    (C) Name and ADF&G processor code of recipient.
    (5) Shoreside processor DCPL. The shoreside processor DCPL has been 
replaced by eLandings and is no longer available. (See paragraph (e) of 
this section.)
    (i) Required information, if inactive. See paragraph (c)(2) of this 
section.
    (ii) Required information, if active. A shoreside processor or SFP 
is active when receiving or processing groundfish.
    (6) Mothership DCPL--(i) Responsibility. Except as described in 
paragraph (f)(1)(v) of this section, the operator of a mothership that 
is required to have an FFP under Sec. 679.4(b) and that receives or 
processes any groundfish from the GOA or BSAI from vessels issued an FFP 
under Sec. 679.4(b) is required to use a combination of mothership DCPL 
and eLandings to record and report daily processor identification 
information, delivery information, groundfish production data, and 
groundfish and prohibited species discard or disposition data. The 
operator must enter into the DCPL any information for groundfish 
received from catcher vessel, groundfish received from processors for 
reprocessing or rehandling,

[[Page 579]]

and groundfish received from an associated buying station documented on 
a BSR.
    (ii) Data entry time limits. The operator of a mothership must 
record in the DCPL or eLandings the information in the following table 
for each groundfish delivery within the specified time limit:

----------------------------------------------------------------------------------------------------------------
                                       DATA ENTRY TIME LIMITS, MOTHERSHIP
-----------------------------------------------------------------------------------------------------------------
                                                           Record In
             Required information              ---------------------------------     Time limit for recording
                                                    DCPL          eLandings
----------------------------------------------------------------------------------------------------------------
(A) All catcher vessel or buying station        X             .................  Within 2 hours after completion
 delivery information                                                             of receipt of each groundfish
                                                                                  delivery, except that the CDQ
                                                                                  group number for catcher
                                                                                  vessels harvesting pollock CDQ
                                                                                  in the BS and delivering
                                                                                  unsorted codends to a
                                                                                  mothership must be recorded
                                                                                  within 2 hours after
                                                                                  completion of weighing all
                                                                                  catch in the haul on the
                                                                                  mothership.
----------------------------------------------------------------------------------------------------------------
(B) Product information                         ............  X                  By noon each day to record the
                                                                                  previous day's production
----------------------------------------------------------------------------------------------------------------
(C) Discard or disposition information          ............  X                  By noon each day to record the
                                                                                  previous day's discard/
                                                                                  disposition
----------------------------------------------------------------------------------------------------------------
(D) All other required information              X             X                  By noon of the day following
                                                                                  completion of production
----------------------------------------------------------------------------------------------------------------
(E) Operator sign the completed logsheets       X             X                  By noon of the day following
                                                                                  the week-ending date of the
                                                                                  weekly reporting period
----------------------------------------------------------------------------------------------------------------
(F) Submit the goldenrod logsheet to the        X             .................  After signed by the operator
 observer                                                                         and prior to departure of
                                                                                  observer from the mothership.
----------------------------------------------------------------------------------------------------------------

    (iii) Required information, if inactive. See paragraph (c)(2) of 
this section.
    (iv) Required information, if active. A mothership is active when 
receiving or processing groundfish. If the mothership identified in 
paragraph (c)(6)(i) of this section is active, the operator must record 
for one day per logsheet in the DCPL, the information described in 
paragraphs (c)(6)(v) and (vi) of this section and record in eLandings 
the information described in paragraphs (c)(6)(v), (vii), and (viii) of 
this section.
    (v) Identification information. If active, the operator must record 
the following information (see paragraphs (c)(6)(v)(A) through (J) of 
this section) in the DCPL:
    (A) Page number. Number the pages in each logbook consecutively, 
beginning with page 1 for January 1 and continuing throughout the 
logbook for the remainder of the fishing year.
    (B) Printed name and signature of operator. The operator's name must 
be printed in the DCPL. The operator must sign each completed DCPL 
logsheet as verification of acceptance of the responsibility required in 
paragraph (a)(2) of this section.
    (C) Vessel information. Name of mothership as displayed in official 
documentation, FFP number, and ADF&G processor code.
    (D) Date. Enter date (mm/dd/yyyy) of each operating day.
    (E) Crew size. Record the number of crew members (including 
operator), excluding observer(s), on the last day of the weekly 
reporting period.
    (F) Gear type. Indicate the gear type of harvester. If gear type is 
other than those listed, circle ``Other'' and describe. Use a separate 
logsheet for each gear type.
    (G) Federal reporting areas. Record Federal reporting area code (see 
Figures 1 and 3 to this part) where harvest was completed. Use a 
separate logsheet for each reporting area.
    (H) COBLZ or RKCSA. If groundfish was harvested with trawl gear in 
the COBLZ or RKCSA, use two separate logsheets to record the 
information: one logsheet for the reporting area that includes COBLZ or 
RKCSA, and a

[[Page 580]]

second logsheet to record the information from the reporting area that 
does not include COBLZ or RKCSA.
    (I) Observer information. Record the number of observers aboard, the 
name(s) of the observer(s), and the observer cruise number(s).
    (J) Management program. Indicate whether harvest occurred under one 
of the management programs (see paragraph (a)(1)(iii) of this section). 
Use a separate logsheet for each management program. If harvest is not 
under one of the listed management programs, leave blank.
    (vi) Delivery information. The operator must record delivery 
information (see paragraphs (c)(6)(vi)(A) through (H) of this section) 
when unprocessed groundfish deliveries are received by the mothership 
from a buying station or a catcher vessel. If no deliveries are received 
for a given day, write ``no deliveries.''
    (A) Type of delivery. Enter ``CV'' or ``BS'' to indicate if delivery 
was from a catcher vessel or buying station, respectively.
    (B) Non-submittal of discard report. Indicate whether the blue 
logsheet was received from the catcher vessel at the time of catch 
delivery. If the delivery was from a buying station, leave this column 
blank. If the blue logsheet is not received from the catcher vessel, 
enter ``NO'' and one of the response codes in the following table to 
describe the reason for non-submittal.

------------------------------------------------------------------------
        NON-SUBMITTAL OF DISCARD REPORT                    CODE
------------------------------------------------------------------------
(1) The catcher vessel does not have an FFP      ``P''
------------------------------------------------------------------------
(2) The catcher vessel is under 60 ft (18.3 m)   ``P''
 LOA and does not have an FFP
------------------------------------------------------------------------
(3) The catcher vessel is under 60 ft (18.3 m)   ``L''
 LOA and has an FFP
------------------------------------------------------------------------
(4) The catcher vessel delivered an unsorted     ``U''
 codend
------------------------------------------------------------------------
(5) Another reason; describe circumstances       ``O''
------------------------------------------------------------------------

    (C) Vessel identification. Name and ADF&G vessel registration number 
of the catcher vessel or buying station (if applicable) delivering the 
groundfish.
    (D) Receipt time. Record time (in military format, A.l.t.) when 
receipt of groundfish delivery was completed.
    (E) Beginning position of receipt. Record the position coordinates 
(in latitude and longitude to the nearest minute; indicate E or W for 
longitude) where receipt of the groundfish delivery began.
    (F) Estimated total groundfish hail weight. Enter the estimated 
total hail weight of the combined species of each delivery from a 
catcher vessel or buying station. Total estimated hail weight is an 
estimate of the total weight of the entire catch without regard to 
species. Indicate whether the estimated weight is to the nearest pound 
or to the nearest 0.001 mt. If a catcher vessel reported discards on a 
blue DFL but did not deliver groundfish, enter ``0'' in this column.
    (G) IR/IU species (see Sec. 679.27). Enter the species code of IR/
IU species and the estimated total round weight for each IR/IU species, 
if applicable; indicate whether estimated weight is to the nearest pound 
or the nearest 0.001 mt. Use one line to record information for each IR/
IU species, including species code and amount of catch. If more than one 
IR/IU species are to be recorded, the operator must use a separate line 
for each species.
    (H) ADF&G fish ticket numbers. If receiving unprocessed groundfish 
from a catcher vessel, record the ADF&G fish ticket number that the 
mothership issued to each catcher vessel. If receiving unprocessed 
groundfish from an associated buying station, record the ADF&G fish 
ticket numbers issued by the buying station on behalf of the mothership 
to the catcher vessel.
    (vii) Product information. The operator of a mothership must record 
all groundfish product information in eLandings (see paragraph (e)(10) 
of this section), including products made from unprocessed groundfish 
deliveries received from a buying station or a catcher vessel; 
groundfish received from another processor or other source; and 
groundfish received for custom processing (see paragraph (a)(7) of this 
section) by the mothership for another processor or business entity.
    (viii) Discard or disposition information. The operator of a 
mothership must record discard and disposition information in eLandings 
(see paragraph

[[Page 581]]

(e)(10) of this section). The discard or disposition information must 
include:
    (A) Discards and disposition that occurred onboard after receipt of 
groundfish from a catcher vessel or buying station;
    (B) Discards and disposition that occurred prior to, during, and 
after processing of groundfish;
    (C) Discards and disposition that were reported on a blue DFL 
received from a catcher vessel delivering groundfish;
    (D) Discards and disposition that are recorded on a blue DFL 
received from a catcher vessel even though no groundfish are delivered; 
and
    (E) Discards and disposition reported on a BSR received from a 
buying station delivering groundfish, if different from the blue DFL 
logsheets submitted by catcher vessels to the buying station.
    (d) Buying Station Report (BSR). For a comparison of forms used for 
shipping, transporting, or transferring fish or fish product, see Table 
13 to this part.
    (1) Responsibility--(i) Separate BSR. In addition to the information 
required at paragraphs (a)(5) and (6) of this section, the operator or 
manager of a buying station that receives or delivers groundfish 
harvested from the GOA or BSAI in association with a shoreside processor 
or SFP as defined in paragraph (c)(5) of this section or a mothership as 
defined in paragraph (c)(6) of this section, must complete and retain a 
separate BSR for each delivery of unprocessed groundfish or donated 
prohibited species received from a catcher vessel on behalf of an 
associated processor.
    (ii) BSR attachments. The operator or manager must ensure that the 
following (see paragraphs (d)(1)(ii)(A) through (C) of this section) 
accompanies each groundfish delivery from the landing site to the 
associated processor:
    (A) A complete and accurate BSR that describes the delivery;
    (B) Any blue DFL logsheets or equivalent printed ELB discard reports 
received from a catcher vessel; and
    (C) Copies of all ADF&G fish tickets issued to the catcher vessel on 
behalf of the associated processor.
    (iii) The operator of a catcher vessel, by prior arrangement with an 
associated processor, may function as a buying station for his own catch 
as follows:
    (A) 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
    (B) By driving a truck that contains his catch and a copy of the BSR 
to the processor.
    (2) Data entry time limits. The operator or manager of a buying 
station must record in the BSR all required information and sign the BSR 
within 2 hours of completion of delivery from a catcher vessel.
    (3) Required information, if inactive. The operator or manager of a 
buying station is not required to record information if inactive.
    (4) Required information, if active. A buying station is active when 
receiving, discarding, or delivering groundfish for an associated 
processor. The operator or manager of a buying station must record the 
following information (see paragraphs (d)(4)(i) through (x) of this 
section) on a BSR for each delivery:
    (i) Original/revised report. If a BSR is the first 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 BSR for a given date, gear type, and reporting 
area, indicate ``REVISED REPORT.''
    (ii) Identification of buying station. Enter name and ADF&G vessel 
registration number if a vessel; or name, license number, and state of 
license issuance if a vehicle. The name should be recorded as it is 
displayed in official documentation.
    (iii) Operator or manager name and signature. The operator or 
manager must sign the completed BSR prior to delivery of harvest to a 
mothership, shoreside processor, or SFP. This signature is verification 
by the operator or manager of acceptance of the responsibility required 
in paragraphs (d)(1) and (2) of this section.
    (iv) Management program. Indicate whether harvest occurred under a 
management program (see paragraph

[[Page 582]]

(a)(1)(iii) of this section). If harvest is not under one of the listed 
management programs, leave blank.
    (v) Gear type. Indicate gear type of harvester.
    (vi) Federal reporting area. Indicate Federal reporting area (see 
Figures 1 and 3 to this part) from which groundfish were harvested.
    (vii) Crab protection areas. If harvester gear type was trawl and 
gear retrieval occurred in the COBLZ or RKCSA (see Figures 11 and 13 to 
this part), use two separate BSRs to record the information: one BSR for 
the reporting area that includes COBLZ or RKCSA, and a second BSR to 
record the information from the reporting area that does not include 
COBLZ or RKCSA.
    (viii) Associated processor. Enter the name, ADF&G processor code, 
FFP number or FPP number of the associated processor, date (mm/dd/yyyy) 
and time (A.l.t., military format) delivery was completed.
    (ix) Catcher vessel delivery information--(A) Catcher vessel 
identification. Name and ADF&G vessel registration number of catcher 
vessel making the delivery.
    (B) Non-submittal of discard report. Indicate whether the blue 
logsheet was received from the catcher vessel at the time of catch 
delivery. If the blue logsheet is not received from the catcher vessel, 
enter ``NO'' and one of the following response codes to describe the 
reason for non-submittal.

------------------------------------------------------------------------
        NON-SUBMITTAL OF DISCARD REPORT                    CODE
------------------------------------------------------------------------
(1) The catcher vessel does not have an FFP      ``P''
------------------------------------------------------------------------
(2) The catcher vessel is under 60 ft (18.3 m)   ``P''
 LOA and does not have an FFP
------------------------------------------------------------------------
(3) The catcher vessel is under 60 ft (18.3 m)   ``L''
 LOA and has an FFP
------------------------------------------------------------------------
(4) The catcher vessel delivered an unsorted     ``U''
 codend
------------------------------------------------------------------------
(5) Another reason; describe circumstances       ``O''
------------------------------------------------------------------------

    (C) ADF&G fish ticket number. Enter ADF&G fish ticket number issued 
to catcher vessel.
    (D) Species codes and scale weight. In addition to recording the 
estimated total delivery weight or actual scale weight of a catcher 
vessel delivery, if the operator or manager of the buying station sorted 
the delivery prior to delivery to an associated processor, he or she may 
enter specific species code and scale weights of individual species to 
the BSR; indicate whether to the nearest pound or to the nearest 0.001 
mt.
    (E) Estimated total groundfish hail weight. Enter the estimated 
total groundfish hail weight or actual scale weight of delivery. 
Estimated total hail weight is an estimate of the total weight of the 
entire catch without regard to species. Indicate whether to the nearest 
pound or to the nearest 0.001 mt.
    (x) Discard and disposition information--(A) Discard. The operator 
or manager of a buying station must record in a BSR, discard or 
disposition information that:
    (1) Occurred on and was reported by a catcher vessel on a blue 
logsheet;
    (2) Occurred on the buying station prior to delivery to an 
associated processor; and
    (3) Was recorded on a blue logsheet submitted to the buying station 
by a catcher vessel when no groundfish were delivered by the catcher 
vessel (for example, disposition code 95 describes fish or fish products 
eaten onboard or taken off the vessel for personal use).
    (B) No discards. If no discards or disposition for a delivery, write 
``no discards.''
    (C) Discard or disposition weight. Total discard or disposition 
weight of groundfish and herring PSC by species code and product code 
(indicate whether to nearest pound or to the nearest 0.001 mt).
    (D) PSC discard or disposition numbers. Total PSC discard or 
disposition number of animals by species code and product code.
    (e) Interagency Electronic Reporting System (IERS) and eLandings--
(1) Responsibility--(i) Hardware, software, and Internet connectivity. A 
User must obtain at his or her own expense hardware, software, and 
Internet connectivity to support Internet submissions of commercial 
fishery landings for which participants report to NMFS: landings data, 
production data, and discard or disposition data. The User must enter 
this information via the Internet by logging on to the

[[Page 583]]

eLandings system at http://elandings.alaska.gov or other NMFS-approved 
software or by using the desktop client software.
    (ii) Reporting of non-IFQ groundfish. If the User is unable to 
submit commercial fishery landings of non-IFQ groundfish due to 
hardware, software, or Internet failure for a period longer than the 
required reporting time, contact NMFS Inseason Management at 907-586-
7228 for instructions. When the hardware, software, or Internet is 
restored, the User must enter this same information into eLandings or 
other NMFS-approved software.
    (iii) Reporting of IFQ crab, IFQ halibut, and IFQ sablefish. If the 
User is unable to submit commercial fishery landings of IFQ crab, IFQ 
halibut, CDQ halibut, or IFQ sablefish due to hardware, software, or 
Internet failure for a period longer than the required reporting time, 
or a change must be made to information already submitted, the User must 
complete an IFQ manual landing report. Manual landing instructions must 
be obtained from OLE, Juneau, AK, at 800-304-4846 (Select Option 1).
    (A) The User must complete all questions on the manual report, even 
if only one item has changed. The following additional information is 
required: whether the report is original or revised, name, telephone 
number, and fax number of individual submitting the manual landing 
report.
    (B) The User must fax the IFQ manual landing report to 907-586-7313.
    (C) The User must retain the paper copies of IFQ manual landing 
reports as indicated at paragraph (a)(5) of this section and make them 
available upon request of NMFS observers and authorized officers as 
indicated at paragraph (a)(6) of this section.
    (2) eLandings processor registration. (i) Before a User can use the 
eLandings system to report landings, production, discard or disposition 
data, he or she must request authorization to use the system, reserve a 
unique UserID, and obtain a password by using the Internet to complete 
the eLandings processor registration at https://elandings.alaska.gov/
elandings/Register.
    (ii) Upon registration acceptance, the User must print, sign, and 
mail the User Agreement Form to NMFS/RAM eLandings Registration, P.O. 
Box 21668, Juneau, AK 99802-1668; or fax a signed form to 907-586-7354, 
Attn: eLandings Registration; or deliver the signed form by courier to 
NMFS/RAM eLandings Registration, 709 West Ninth Street, Suite 713, 
Juneau, AK 99801. Confirmation will be e-mailed to indicate that the 
User is registered, authorized to use eLandings, and that the UserID and 
User's account are enabled.
    (iii) The User's signature on the registration form means that the 
User agrees to the following terms (see paragraphs (e)(2)(iii)(A) 
through (C) of this section):
    (A) To use eLandings access privileges only for submitting 
legitimate fishery landing reports;
    (B) To safeguard the UserID and password to prevent their use by 
unauthorized persons; and
    (C) To ensure that the User is authorized to submit landing reports 
for the processor permit number(s) listed.
    (3) Information required for eLandings processor registration form. 
The User must enter the following information (see paragraphs (e)(3)(i) 
through (ix) of this section) to obtain operation registration and 
UserID registration:
    (i) Operation type. Select the operation type from the dropdown list 
according to the following table:

------------------------------------------------------------------------
                                                  Enter one of these
         For this Federal category:           eLandings operation types:
------------------------------------------------------------------------
(A) Shoreside processor or SFP               (1) Plant/receiver
                                            ----------------------------
                                             (2) Custom processing
------------------------------------------------------------------------
(B) Mothership                               At-sea
------------------------------------------------------------------------
(C) Catcher/processor                        At-sea
------------------------------------------------------------------------
(D) Buying station                           (1) Tender
                                            ----------------------------
                                             (2) Buying station
------------------------------------------------------------------------

    (ii) Operation name. Enter a name that will refer to the specific 
operation. For example, if the plant is in Kodiak and the company is 
East Pacific Seafoods, the operation name might read ``East Pacific 
Seafoods-Kodiak.''
    (iii) ADF&G processor code. Enter ADF&G processor code.

[[Page 584]]

    (iv) Federal permit number. Enter all the federal permits associated 
with the operation.
    (A) Groundfish shoreside processor or SFP. If a groundfish shoreside 
processor or SFP, enter the FPP number.
    (B) Groundfish catcher/processor or mothership. If a groundfish 
catcher/processor or mothership, enter the FFP number.
    (C) Registered Buyer. If a Registered Buyer, enter the Registered 
Buyer permit number.
    (D) Registered Crab Receiver. If a Registered Crab Receiver, enter 
the Registered Crab Receiver permit number.
    (v) Port code. Enter the home port code (see Tables 14a, 14b, and 
14c to this part) for the operation.
    (vi) ADF&G vessel registration number. If a mothership, catcher/
processor, or tender operation, the operator must enter the ADF&G vessel 
identification number of the vessel.
    (vii) Vehicle license number. If a buying station operation that is 
a vehicle, enter vehicle license number and the state of license 
issuance.
    (viii) Physical operation. If a buying station or custom processor, 
enter the following information to identify the associated processor 
where the processing will take place: operation type, ADF&G processor 
code, and applicable FFP number, FPP number, Registered Buyer permit 
number, and Registered Crab Receiver permit number.
    (ix) UserID registration for primary User. Each operation requires a 
primary User. Enter the following information for the primary User for 
the new operation: create and enter a UserID, initial password, company 
name, User name (name of the person who will use the UserID), city and 
state where the operation is located, business telephone number, 
business fax number, business e-mail address, security question, and 
security answer.
    (4) Information entered automatically for eLandings landing report. 
eLandings autofills the following fields from processor registration 
records (see paragraph (e)(2) of this section): UserID, processor 
company name, business telephone number, e-mail address, port of 
landing, ADF&G processor code, and Federal permit number. The User must 
review the autofilled cells to ensure that they are accurate for the 
landing that is taking place. eLandings assigns a unique landing report 
number and an ADF&G electronic fish ticket number upon completion of 
data entry.
    (5) Shoreside processor or SFP landings report. The manager of a 
shoreside processor or SFP that receives groundfish from a catcher 
vessel issued an FFP under Sec. 679.4 and that is required to have an 
FPP under Sec. 679.4(f) must use eLandings or other NMFS-approved 
software to submit a daily landings report during the fishing year to 
report processor identification information and the following 
information under paragraphs (e)(5)(i) through (iii) of this section:
    (i) Information entered for each groundfish delivery to a shoreside 
processor and SFP. The User for a shoreside processor or SFP must enter 
the following information (see paragraphs (e)(5)(i)(A) through (C) of 
this section) for each groundfish delivery (other than IFQ sablefish) 
provided by the operator of a catcher vessel, the operator or manager of 
an associated buying station, and from processors for reprocessing or 
rehandling product into eLandings or other NMFS-approved software:
    (A) Delivery information. (1) Number of observers onboard.
    (2) For crew size, enter the number of licensed crew aboard the 
vessel, including the operator.
    (3) Management program name and identifying number, if any, in which 
harvest occurred (see paragraph (a)(1)(iii) of this section).
    (4) ADF&G groundfish statistical area of harvest.
    (5) For date of landing, enter date (mm/dd/yyyy) that the delivery 
was completed.
    (6) Indicate (YES or NO) whether delivery is from a buying station.
    (7) If the delivery is received from a buying station other than a 
tender, indicate the name of the buying station. If the delivery is 
received from a buying station that is a tender, enter the ADF&G vessel 
registration number.
    (8) If delivery is received from a catcher vessel, indicate the 
ADF&G vessel registration number of the vessel.
    (9) Indicate whether the blue logsheet was received from the catcher 
vessel at

[[Page 585]]

the time of catch delivery. If the blue logsheet is not received from 
the catcher vessel, enter ``NO'' and select the applicable code from the 
following table to explain the reason provided by the catcher vessel for 
not supplying this copy:

------------------------------------------------------------------------
        NON-SUBMITTAL OF DISCARD REPORT                    CODE
------------------------------------------------------------------------
(i) The catcher vessel does not have an FFP      ``P''
------------------------------------------------------------------------
(ii) The catcher vessel is under 60 ft (18.3 m)  ``P''
 LOA and does not have an FFP
------------------------------------------------------------------------
(iii) The catcher vessel is under 60 ft (18.3    ``L''
 m) LOA and has an FFP
------------------------------------------------------------------------
(iv) The catcher vessel delivered an unsorted    ``U''
 codend
------------------------------------------------------------------------
(v) Another reason; describe circumstances       ``O''
------------------------------------------------------------------------

    (10) Gear type of harvester.
    (11) Total estimated hail weight (to the nearest pound).
    (12) ADF&G fish ticket number provided to catcher vessel (eLandings 
assigns an ADF&G fish ticket number to the landing report).
    (B) Landings information. The User for a shoreside processor or SFP 
must record the following landings information (see paragraphs 
(e)(5)(i)(B)(1) and (2) of this section) for all retained species from 
groundfish deliveries:
    (1) Date of landing (mm/dd/yyyy).
    (2) Landed scale weight (to the nearest pound) by species code and 
delivery condition code. Obtain actual weights for each groundfish 
species received and retained by:
    (i) Sorting according to species codes and direct weighing of that 
species, or
    (ii) Weighing the entire delivery and then sorting and weighing the 
groundfish species individually to determine their weights.
    (C) Discard or disposition information. The User must record:
    (1) Discard or disposition of fish: 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/or after 
production of groundfish at the shoreside processor or SFP. 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 
discards or disposition.
    (2) If groundfish or PSC herring, enter species code, delivery 
condition code, disposition code, and weight (to the nearest pound), and
    (3) If PSC halibut, salmon, or crab, enter species code, delivery 
condition code, disposition code, and count (in numbers of animals).
    (ii) Submittal time limit. The User for a shoreside processor or SFP 
must enter information described at paragraph (e)(5)(i) of this section 
into eLandings or other NMFS-approved software for each groundfish 
delivery from a specific vessel by noon of the day following completion 
of the delivery.
    (iii) Compliance. By using eLandings, the User for the shoreside 
processor or SFP and the catcher vessel operator or buying station 
operator or manager providing information to the User for the shoreside 
processor or SFP accept the responsibility of and acknowledge compliance 
with Sec. 679.7(a)(10).
    (6) Mothership landings report. The operator of a mothership that is 
issued an FFP under Sec. 679.4(b) and that receives groundfish from 
catcher vessels required to have an FFP under Sec. 679.4 is required to 
use eLandings or other NMFS-approved software to submit a daily landings 
report during the fishing year to report processor identification 
information and the following information under paragraphs (e)(6)(i) 
through (iii) of this section):
    (i) Information entered for each groundfish delivery to a 
mothership. The User for a mothership must enter the following 
information (see paragraphs (e)(6)(i)(A)(1) through (11) of this 
section) provided by the operator of a catcher vessel, operator or 
manager of an associated buying station, or information received from 
processors for reprocessing or rehandling product.
    (A) Delivery information. (1) Number of observers onboard.
    (2) Crew size (including operator).
    (3) Management program name and identifying number, if any, in which 
harvest occurred (see paragraph (a)(1)(iii) of this section).
    (4) ADF&G groundfish statistical area of harvest.
    (5) Date (mm/dd/yyyy) that delivery was completed.

[[Page 586]]

    (6) If the delivery is received from a tender, enter the ADF&G 
vessel registration number of the tender.
    (7) If delivery received from a catcher vessel, enter the ADF&G 
vessel registration number of the vessel.
    (8) Indicate whether the blue logsheet was received from the catcher 
vessel at the time of catch delivery. If the blue logsheet was not 
received from the catcher vessel, enter ``NO'' and select a code from 
the following table to explain the reason provided by the catcher vessel 
for not supplying this copy.

------------------------------------------------------------------------
        NON-SUBMITTAL OF DISCARD REPORT                    CODE
------------------------------------------------------------------------
(i) The catcher vessel does not have an FFP      ``P''
------------------------------------------------------------------------
(ii) The catcher vessel is under 60 ft (18.3 m)  ``P''
 LOA and does not have an FFP
------------------------------------------------------------------------
(iii) The catcher vessel is under 60 ft (18.3    ``L''
 m) LOA and has an FFP
------------------------------------------------------------------------
(iv) The catcher vessel delivered an unsorted    ``U''
 codend
------------------------------------------------------------------------
(v) Another reason; describe circumstances       ``O''
------------------------------------------------------------------------

    (9) Gear type of harvester.
    (10) Total estimated round weight by species (pounds).
    (11) ADF&G fish ticket number provided to catcher vessel (eLandings 
assigns an ADF&G fish ticket number to the landing report).
    (B) Discard or disposition information. (1) The User must record 
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 
at the mothership. 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 discards or disposition.
    (2) If groundfish or PSC herring, enter species code, delivery 
condition code, disposition code, and weight (to the nearest pound), and
    (3) If PSC halibut, salmon, or crab, enter species code, delivery 
condition code, disposition code, and count (in numbers of animals).
    (ii) Submittal time limit. The User for a mothership must enter 
information described at paragraph (e)(6)(i) of this section into 
eLandings or other NMFS-approved software for each groundfish delivery 
from a specific vessel by noon of the day following the delivery day.
    (iii) Compliance. By using eLandings, the User for the mothership 
and the catcher vessel operator or buying station operator providing 
information to the User for the mothership accept the responsibility of 
and acknowledge compliance with Sec. 679.7(a)(10).
    (7) Registered Buyer landings report. A person who is issued a 
Registered Buyer permit under Sec. 679.4(d)(3) and who receives IFQ 
halibut or IFQ sablefish from an IFQ permit holder or who receives CDQ 
halibut from a CDQ permit holder at any time during the fishing year is 
required to use eLandings or other NMFS-approved software to submit 
landings reports with the following information from paragraphs 
(e)(7)(i) and (ii) of this section):
    (i) Information entered for each IFQ halibut, CDQ halibut, and IFQ 
sablefish delivery. The User for a Registered Buyer must enter the 
following information (see paragraphs (e)(7)(i)(A) through (E) of this 
section) for each IFQ halibut, CDQ halibut, and IFQ sablefish delivery 
into eLandings or other NMFS-approved software:
    (A) User identification. UserID and password of person assigned for 
that system.
    (B) Landing date. Date (mm/dd/yyyy) of the landing.
    (C) Landing location. Location (port code) of the landing (See 
Tables 14a, 14b, and 14c to this part).
    (D) Permit numbers. Permit number of the IFQ permit holder, and any 
IFQ hired master permit holder, or CDQ hired master permit holder 
harvesting the fish and permit number of Registered Buyer receiving the 
IFQ halibut, IFQ sablefish, or CDQ halibut.
    (E) Delivery information. As reported by the IFQ permit holder, IFQ 
hired master permit holder, or CDQ hired master permit holder including 
the information in paragraphs (e)(7)(i)(E)(1) through (9) of this 
section):
    (1) Harvesting vessel's ADF&G vessel registration number.
    (2) Gear code of gear used to harvest IFQ halibut, IFQ sablefish, or 
CDQ halibut.
    (3) ADF&G fish ticket number(s) for the landing (after the initial 
eLandings

[[Page 587]]

report is submitted, eLandings assigns an ADF&G fish ticket number to 
the landing report).
    (4) ADF&G statistical area of harvest.
    (5) If ADF&G statistical area is bisected by a line dividing two IFQ 
regulatory areas, provide the IFQ regulatory area of harvest.
    (6) Except as provided in paragraph (e)(7)(i)(E)(7) of this section, 
initial accurate scale weight(s) (to the nearest pound) made at the time 
of offloading for IFQ halibut, IFQ sablefish, or CDQ halibut sold and 
retained (where retained includes fish intended for personal use, fish 
weighed and reloaded for delivery to another processor, and fish landed 
but rejected at the dock by the Registered Buyer); species codes; 
delivery condition code; and disposition code for each ADF&G statistical 
area of harvest.
    (7) Accurate weight of IFQ sablefish processed product obtained 
before the offload may be substituted for the initial accurate scale 
weight provided in paragraph (e)(7)(i)(E)(6) of this section, at time of 
offload, if the vessel operator is a Registered Buyer reporting an IFQ 
sablefish landing.
    (8) Indicate whether initial accurate scale weight is given with or 
without ice and slime. 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. The 2-percent deduction is made by NMFS, 
not the submitter.
    (9) Indicate whether IFQ halibut is incidental catch concurrent with 
legal landing of salmon or concurrent with legal landing of lingcod 
harvested using dinglebar gear.
    (ii) Signatures for IFQ halibut, CDQ halibut, or IFQ sablefish 
deliveries. (A) The User for the Registered Buyer must print the 
completed groundfish landing report (ADF&G electronic groundfish ticket) 
and the groundfish IFQ landing receipt. The User must review the 
autofilled data entry cells to ensure that they are accurate for the 
landing that is taking place.
    (B) The User for the Registered Buyer, plus the IFQ permit holder or 
the IFQ hired master permit holder or CDQ hired master permit holder, 
must acknowledge the accuracy of the printed IFQ halibut, CDQ halibut, 
or IFQ sablefish landing receipt, and if necessary, IFQ manual landing 
report, by entering printed name, signature, and date.
    (iii) Time limits--(A) Landing hours. 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 is 
granted in advance by a clearing officer.
    (B) Landing receipt signatures. The User for the Registered Buyer 
and the IFQ permit holder, IFQ hired master permit holder, or CDQ hired 
master permit holder must sign the groundfish IFQ landing receipt within 
six hours after all IFQ halibut, CDQ halibut, and IFQ sablefish are 
offloaded from a harvesting vessel and prior to shipment or transfer of 
the fish from the landing site.
    (C) Landing completion. The User for the Registered Buyer must 
submit a completed IFQ landing report, as described in this paragraph 
(e)(7), within six hours after all IFQ halibut, CDQ halibut, and IFQ 
sablefish are offloaded from a specific vessel and prior to shipment or 
transfer of said fish from the landing site.
    (iv) IFQ manual landing report. See paragraph (e)(1)(iii) of this 
section.
    (8) Registered Crab Receiver (RCR) IFQ crab landings report. (i) A 
person who is issued an RCR permit under Sec. 680.4(i) of this chapter 
and who receives IFQ crab from a crab IFQ permit holder or crab IFQ 
hired master is required to use eLandings to submit a landings report to 
report every landing of IFQ crab and incidental groundfish.
    (ii) An RCR using a catcher/processor is required to submit a crab 
landings report using eLandings in a format approved by NMFS. NMFS will 
provide format specifications upon request. Interested parties may 
contact NMFS Alaska Region, Sustainable Fisheries Division, Catch 
Accounting/Data Quality, P.O. Box 21668, Juneau, AK 99802-1668, 
telephone 907-586-7228.
    (iii) Information entered for each IFQ crab delivery. The User for 
the RCR must enter the following information (see paragraphs 
(e)(8)(iii)(A) through

[[Page 588]]

(C) of this section) into eLandings or other NMFS-approved software for 
each IFQ crab delivery:
    (A) Permit numbers. RCR permit number, IFQ permit number, and IPQ 
permit number, as appropriate.
    (B) Operation type. (1) If a shoreside processor or SFP, enter type 
of processing operation and port code from Table 14a or 14b to this 
part.
    (2) If a catcher/processor, enter operation type from Table 14c to 
this part.
    (C) Delivery information. As reported by IFQ permit holder.
    (1) ADF&G vessel registration number of the delivering vessel.
    (2) Date (mm/dd/yyyy) fishing began.
    (3) Date (mm/dd/yyyy) of the IFQ crab landing.
    (4) ADF&G fish ticket number (automatically supplied).
    (5) ADF&G statistical area of harvest (All ADF&G statistical areas 
are translated to the NMFS reporting area and the IPHC reporting area by 
eLandings.).
    (6) Species code of catch from Table 2 to part 680.
    (7) Delivery-condition codes of catch from Table 3a to this part.
    (8) Number of crab retained and sold condition code, product type, 
size/grade, and sold pounds; and optionally, price per pound.
    (9) Scale weight of deadloss (to the nearest pound) and scale weight 
of crab retained for personal use (to the nearest pound). Deadloss and 
personal use crab that an IPQ holder did not purchase are not debited 
from the IPQ holder's account.
    (iv) Information entered for IFQ crab custom processing landings. In 
addition to the information required in paragraph (e)(8)(iii) of this 
section, if custom processing IFQ crab, the User for the RCR must enter 
the ADF&G processor code of the person for which the IFQ crab was custom 
processed.
    (v) Signatures for IFQ crab deliveries. (A) The User for the RCR 
must print the completed crab landing report (ADF&G electronic crab 
ticket) and the crab IFQ landing receipt. The User must review the 
autofilled data entry cells to ensure that they are accurate for the 
landing that is taking place.
    (B) The User for the Registered Crab Receiver (RCR), plus the IFQ 
permit holder or IFQ hired master permit holder, must acknowledge the 
accuracy of the printed IFQ crab landing receipt, and, if necessary, IFQ 
manual landing report, by entering printed name, signature, and date.
    (vi) Time limits. (A) Except as indicated in paragraph (e)(8)(vi)(B) 
of this section, the User for the RCR is required to submit a crab 
landing report described at this paragraph (e)(8) to NMFS within six 
hours after all crab is offloaded from the vessel.
    (B) For IFQ crab harvested on a catcher/processor, the User for the 
RCR is required to submit an IFQ crab landing report to NMFS by Tuesday 
noon after the end of each weekly reporting period in which IFQ crab was 
harvested.
    (C) The User for the RCR and the IFQ permit holder or IFQ hired 
master permit holder must enter printed name and sign the crab IFQ 
landing receipt within six hours after all crab is offloaded from the 
harvesting vessel.
    (vii) Landing document retention. The User must retain each landing 
report and landing receipt per paragraph (a)(5) of this section.
    (viii) IFQ manual landing report for crab. See paragraph (e)(1)(iii) 
of this section.
    (9) Shoreside processor or SFP information entered for production 
report. The manager of a shoreside processor or SFP that is required to 
have an FPP under Sec. 679.4(f) must use eLandings or other NMFS-
approved software during the fishing year to submit a production report 
to report daily processor identification information and all groundfish 
production data. The User must retain a copy of each production report 
per paragraphs (a)(5) and (6) of this section.
    (i) Contents. eLandings autofills the following fields when creating 
a production report for a shoreside processor or SFP: FPP number, 
company name, ADF&G processor code, User name, email address, and 
telephone number. The User must review the autofilled cells to ensure 
that they are accurate for the current report. In addition, the User for 
the shoreside processor or SFP must enter the following information (see 
paragraphs (e)(9)(i)(A) through (F) of this section):

[[Page 589]]

    (A) Date. Reporting date (mm/dd/yyyy).
    (B) Observers. Number of observers onsite.
    (C) Area of harvest. Whether harvested in GOA or BSAI.
    (D) Product description. Species code, product type, and product 
code of product.
    (E) Product weight. Enter actual scale weight of product to the 
nearest pound.
    (F) No production/no deliveries (inactive). If there was no 
production or deliveries for the day, mark the ``No Production'' and/or 
``No Deliveries'' boxes.
    (ii) Submittal time limits. When active pursuant to paragraph 
(c)(5)(ii) of this section, the User for a shoreside processor or SFP 
must submit a production report by noon each day to record the previous 
day's production information. If a shoreside processor or SFP using 
eLandings is not taking deliveries over a weekend, the User or manager 
may transmit the eLandings production report to NMFS on the following 
Monday.
    (10) Catcher/processor or mothership information entered for 
production report--(i) Catcher/processor. The operator of a catcher/
processor that is issued an FFP under Sec. 679.4 and that harvests 
groundfish is required to use eLandings or other NMFS-approved software 
to submit a production report to record and report daily processor 
identification information, groundfish production data, and groundfish 
and prohibited species discard or disposition data.
    (ii) Mothership. The operator of a mothership that is issued an FFP 
under Sec. 679.4 and that receives groundfish is required to use 
eLandings or other NMFS-approved software to submit a production report 
to record and report daily processor identification information, 
groundfish production data, and groundfish and prohibited species 
discard or disposition data.
    (iii) Contents. eLandings autofills the following fields when 
creating a production report for a catcher/processor or mothership: FFP 
number, company name, ADF&G processor code, User name, email address, 
and telephone number. The User must review the autofilled cells to 
ensure that they are accurate for the current report. In addition, the 
User for the catcher/processor or mothership must enter the information 
in paragraphs (e)(10)(iii)(A) through (N) of this section):
    (A) Date. Reporting date (mm/dd/yyyy).
    (B) Designation. From Table 14c to this part, enter whether the 
processor is a catcher/processor = FCP or a mothership = FLD.
    (C) Crew size. Including operator.
    (D) Management program. Enter management program and identifying 
number, if any, in which harvest occurred (see paragraph (a)(1)(iii) of 
this section).
    (E) Gear type of harvester. Enter the gear type used by the 
harvester.
    (F) Federal Reporting Area of harvest. Enter the Federal Reporting 
Area where harvest was made.
    (G) COBLZ or RKCSA. Indicate whether fishing occurred in COBLZ or 
RKCSA (if applicable).
    (H) Product description. Species code, product type, and product 
code of product.
    (I) Product weight. Enter product weight in metric tons to the 
nearest 0.001 mt.
    (J) No production (inactive). If there was no production for the 
day, mark the ``No Production'' box.
    (K) Discard description. The operator must record the discard or 
disposition that occurred prior to, during, and after production of 
groundfish by species code and disposition code of discards and 
disposition.
    (L) Discard weight. Daily weight of groundfish and the daily weight 
of herring PSC to the nearest 0.001 mt.
    (M) PSC numbers--(1) Non-AFA catcher/processors and all motherships. 
Daily number of PSC animals (Pacific salmon, steelhead trout, Pacific 
halibut, king crabs, and Tanner crabs) by species codes and discard and 
disposition codes.
    (2) AFA and CDQ catcher/processors. The operator of an AFA catcher/
processor or any catcher/processor harvesting pollock CDQ must enter 
daily the number of non-salmon PSC animals (Pacific halibut, king crabs, 
and Tanner crabs) by species codes and discard and disposition codes. 
Salmon PSC animals are entered into the electronic logbook as described 
in paragraphs (f)(1)(iv) and (v) of this section.

[[Page 590]]

    (N) ADF&G statistical area. Must be reported beginning January 1, 
2009.
    (iv) Submittal time limits. When a mothership is active pursuant to 
paragraph (c)(6)(iv) of this section, a catcher/processor longline or 
pot gear is active pursuant to paragraph (c)(3)(iv)(B) of this section, 
or a catcher/processor trawl gear is active pursuant to paragraph 
(c)(4)(iv)(B) of this section, the User for a mothership or catcher/
processor must submit a production report by noon each day to record the 
previous day's production information. If a vessel is required to have 
100 percent observer coverage or more, the User may transmit a 
production report for Friday, Saturday, and Sunday no later than noon on 
the following Monday.
    (11) Printing of landing reports, landing receipts, and production 
reports. (i) The User daily must retain a printed paper copy onsite or 
onboard of:
    (A) Each landing report (ADF&G electronic groundfish tickets or 
electronic crab tickets).
    (B) Each production report.
    (C) If IFQ halibut, IFQ sablefish, or CDQ halibut, each groundfish 
IFQ landing receipt.
    (D) If IFQ crab, each crab IFQ landing receipt.
    (ii) In addition to paragraph (e)(11)(i) of this section, the 
mothership operator or User must print an additional copy of each 
landing report and provide it to the operator of the catcher vessel 
delivering groundfish to the mothership by 1200 hours, A.l.t., on 
Tuesday following the end of applicable weekly reporting period.
    (12) Retention and inspection of landing reports, landing receipts, 
and production reports. The User must retain a printed copy of each IFQ 
landing report (ADF&G electronic groundfish ticket or electronic crab 
ticket), crab IFQ landing receipt, groundfish IFQ landing receipt, and 
production report as indicated at paragraphs (a)(5) and (6) of this 
section. The User must make available the printed copies upon request of 
NMFS observers and authorized officers as indicated at paragraph (a)(5) 
of this section.
    (f) Electronic logbooks (ELBs). The operator may use a combination 
of a NMFS-approved ELB (instead of a DFL or DCPL) and eLandings to 
record and report groundfish information. To satisfy ELB use 
requirements, the operator after data entry must routinely create the 
following three products: an ELB logsheet, an ELB discard report, and an 
ELB data export.
    (1) Responsibility. The operator of a vessel voluntarily using an 
ELB must notify the Regional Administrator by fax at 907-586-7465 to 
notify NMFS that the operator is using a NMFS-approved ELB instead of a 
DFL or DCPL, prior to participating in any Federal fishery.
    (i) Catcher vessel longline and pot gear ELB. The operator of a 
catcher vessel using longline and pot gear may use a NMFS-approved 
catcher vessel longline or pot gear ELB in lieu of using the NMFS-
prescribed catcher vessel longline or pot gear DFL required at paragraph 
(c)(3) of this section.
    (ii) Catcher/processor longline and pot gear ELB. The operator of a 
catcher/processor using longline or pot gear may use a combination of a 
NMFS-approved catcher/processor longline or pot gear ELB and eLandings 
to record and report groundfish information. The operator may use a 
NMFS-approved catcher/processor longline and pot gear ELB to record 
daily processor identification information and catch-by-set information. 
In eLandings, the operator must record daily processor identification, 
groundfish production data, and groundfish and prohibited species 
discard or disposition data.
    (iii) Catcher vessel trawl gear ELB. The operator of a catcher 
vessel using trawl gear may use a NMFS-approved catcher vessel trawl 
gear ELB in lieu of using the NMFS-prescribed catcher vessel trawl gear 
DFL required at paragraph (c)(4) of this section.
    (iv) Catcher/processor trawl gear ELB. Except as described in 
paragraph (f)(1)(vii) of this section, the operator of a catcher/
processor using trawl gear may use a combination of a NMFS-approved 
catcher/processor trawl gear ELB and eLandings to record and report 
groundfish information. In the ELB, the operator may enter processor 
identification information and catch-by-haul information. In eLandings, 
the operator must enter processor identification, groundfish production 
data, and groundfish and prohibited species discard or disposition data.

[[Page 591]]

    (v) Mothership ELB. The operator of a mothership may use a 
combination of a NMFS-approved mothership ELB and eLandings to record 
and report groundfish information. The operator may use a NMFS-approved 
mothership ELB to record daily processor identification information and 
catcher vessel and buying station groundfish delivery information. In 
eLandings, the operator must record daily processor identification, 
groundfish production data, and groundfish and prohibited species 
discard or disposition data.
    (vi) If using a NMFS-approved ELB, the operator is not required to 
quarterly submit logsheets to OLE.
    (vii) AFA and CDQ trawl catcher/processors. The operator of an AFA 
catcher/processor or any catcher/processor harvesting pollock CDQ must 
use a combination of NMFS-approved catcher/processor trawl gear ELB and 
eLandings to record and report groundfish and PSC information. In the 
ELB, the operator must enter processor identification information, 
catch-by-haul information, and prohibited species discard or disposition 
data for all salmon species in each haul. In eLandings, the operator 
must enter processor identification, groundfish production data, and 
groundfish and prohibited species discard or disposition data for all 
prohibited species except salmon.
    (2) Requirements for using an ELB--(i) Use a NMFS-approved ELB. The 
operator must use only a NMFS-approved ELB. The Regional Administrator 
maintains a list of approved ELBs on the Alaska Region NMFS website at 
http://alaskafisheries.noaa.gov (see also Sec. 679.28(h) for approval 
of vendor software).
    (ii) Keep a current copy of DFL or DCPL onboard. To ensure proper 
recording of the vessel's fishing activity in the event of problems with 
the ELB, the operator must keep a current copy of the appropriate DFL or 
DCPL onboard. In the event that electronic transmission is not made or 
confirmed for the ELB, the operator must enter information into the 
paper DFL or DCPL in accordance with the regulations at paragraphs 
(c)(1) through (c)(4) of this section. The operator must transfer any 
information recorded in a DFL or DCPL to the ELB when transmission 
resumes function.
    (iii) Enter all required information into the ELB--(A) Inactive. The 
operator must enter all required information, if inactive (see paragraph 
(c)(2) of this section).
    (B) Active. The operator must enter all required information, if 
active (see paragraph (c)(3), (c)(4), or (c)(6) of this section, as 
appropriate).
    (1) Recording time limits. Record the haul number or set number, 
time and date gear set, time and date gear hauled, begin and end 
position, CDQ group number (if applicable), and hail weight for each 
haul or set within 2 hours after completion of gear retrieval. If a 
catcher/processor using trawl gear and required to weigh all catch on a 
scale approved by NMFS, record the CDQ group number (if applicable) 
within 2 hours after completion of weighing all of the catch in the 
haul. The operator of a vessel must provide the information recorded in 
the ELB to the observer or an authorized officer upon request at any 
time after the specified deadlines.
    (2) Daily complete ELB data entry and printing of copies as 
indicated in paragraph (f)(3)(i) of this section.
    (iv) Regularly backup ELB data. The operator must regularly backup 
ELB data to ensure that data are not lost in the event of hardware or 
software problems.
    (v) Correct errors in ELB data. If after an ELB discard report and 
ELB logsheet are printed, an error is found in the data, the operator 
must make any necessary changes to the data, print a new copy of the ELB 
discard report and ELB logsheet, and export the revised file to NMFS. 
The operator must retain both the original and revised ELB reports.
    (3) Printed copies. Upon completion of ELB data entry each day, the 
operator must print the following information (see paragraphs (f)(3)(i) 
and (ii) of this section) in the NMFS-specified format:
    (i) ELB logsheet. (A) Print a copy of an ELB logsheet when a vessel 
is active, by noon each day to record the previous day's ELB 
information.
    (B) Print one ELB logsheet to describe a continuous period of 
inactivity, when a vessel is inactive.

[[Page 592]]

    (C) Print a copy of the ELB logsheet for the observer's use if an 
observer is present, by noon each day to record the previous day's ELB 
information.
    (ii) ELB discard report. (A) Print a copy of an ELB discard report 
upon completion of each fishing trip or each offload of fish.
    (B) If an observer is present, print a copy of the ELB discard 
report for the observer's use upon completion of each fishing trip or 
each offload of fish.
    (4) Signatures--(i) ELB logsheet. The operator daily must sign and 
date each printed ELB logsheet by noon each day to record the previous 
day's ELB information. The signature of the operator is verification of 
acceptance of the responsibility required in paragraph (a)(2) of this 
section.
    (ii) ELB discard report. The operator daily must sign and date each 
printed ELB discard report upon completion of each fishing trip or each 
offload of fish. The signature of the operator is verification of 
acceptance of the responsibility required in paragraph (a)(2) of this 
section.
    (5) Submittal time limits. (i) The operator of a catcher vessel 
using an ELB must upon delivery of catch submit the ELB discard report 
to the mothership, shoreside processor, or SFP.
    (ii) The operator or manager of a buying station that receives 
groundfish catch from a catcher vessel using an ELB must upon delivery 
of catch submit the ELB discard report to the mothership, shoreside 
processor, or SFP, and submit the ELB data export directly to the 
Regional Administrator or through the mothership, shoreside processor, 
or SFP.
    (6) Retention. The operator must keep a signed copy of each ELB 
logsheet and each ELB discard report, filed in sequence for immediate 
access by authorized personnel as described at paragraph (a)(5) of this 
section.
    (7) ELB data submission. The operator must transmit ELB data to NMFS 
at the specified e-mail address in the following manner:
    (i) Catcher/processors or motherships. Directly to NMFS as an e-mail 
attachment or other NMFS-approved data transmission mechanism, by 2400 
hours, A.l.t., each day to record the previous day's hauls.
    (ii) If a catcher vessel, send directly to NMFS as an email 
attachment or to NMFS through a shoreside processor, SFP, or mothership 
who received his/her groundfish catch. Through a prior agreement with 
the catcher vessel, the operator of a mothership or the manager of a 
shoreside processor or SFP will forward the ELB data export to NMFS as 
an email attachment within 24 hours of completing receipt of the catcher 
vessel's catch.
    (8) Return receipt. (i) Upon receiving an ELB data export, NMFS will 
generate a dated return-receipt to confirm receipt of the ELB data. If 
errors exist in the data transmitted to NMFS, the receipt will identify 
the errors. If errors are identified, the operator must correct the 
errors and send a revised transmission to NMFS which will then confirm 
acceptance of the ELB data.
    (ii) The operator must retain the NMFS return receipt as described 
in paragraph (a)(5) of this section.
    (iii) If a return receipt from NMFS is not received within 24 hours, 
the operator of the catcher vessel, the operator of a catcher/processor, 
the operator of the mothership, or the manager of the shoreside 
processor or SFP forwarding the ELB data export for the operator of the 
catcher vessel, must contact NMFS by telephone at 907-586-7228 or fax at 
907-586-7131 for instructions.
    (g) Product transfer report (PTR)--(1) General requirements. Except 
as provided in paragraphs (g)(2)(i) through (v) of this section, the 
operator or manager must record on a PTR those species that are listed 
in Tables 2a and 2c to this part when those species are transferred out 
of the facility or off the vessel and may also record species listed in 
Table 2d to this part.
    (i) Groundfish and donated prohibited species. The operator of a 
mothership or catcher/processor or the manager of a shoreside processor 
or SFP must complete and submit a separate PTR for each shipment of 
groundfish and donated prohibited species caught in groundfish 
fisheries. A PTR is not required to accompany a shipment. For a 
comparison of forms used for shipping, transporting, or transferring 
fish or fish product, see Table 13 to this part.
    (ii) IFQ halibut, IFQ sablefish, and CDQ halibut. A Registered Buyer 
must

[[Page 593]]

submit a separate PTR for each shipment 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.
    (iii) CR crab. A Registered Crab Receiver (RCR) must submit a 
separate PTR for each shipment of crab for which the RCR submitted a CR 
crab landing report or was required to submit a CR crab landing report. 
A PTR is not required to accompany a shipment.
    (2) Exceptions--(i) Bait sales (non-IFQ groundfish only). During one 
calendar day, the operator or manager may aggregate and record on one 
PTR the individual sales or shipments of non-IFQ groundfish to vessels 
for bait purposes during the day recording the amount of such bait 
product shipped from a vessel or facility that day.
    (ii) Retail sales--(A) IFQ halibut, IFQ sablefish, CDQ halibut, and 
non-IFQ groundfish. During one calendar day, the operator, manager, or 
Registered Buyer may aggregate and record on one PTR the amount of 
transferred retail product of IFQ halibut, IFQ sablefish, CDQ halibut, 
and non-IFQ groundfish if each sale weighs less than 10 lb or 4.5 kg.
    (B) CR crab. During one calendar day, the RCR may aggregate and 
record on one PTR the amount of transferred retail product of CR crab if 
each sale weighs less than 100 lb or 45 kg.
    (iii) 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.
    (iv) Dockside sales.
    (A) A person holding a valid IFQ permit, or IFQ hired master permit, 
and a 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 halibut and IFQ sablefish have been landed 
and reported in accordance with paragraph (l) of this section.
    (B) A person holding a valid halibut CDQ hired master permit 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 paragraph (l) 
of this section.
    (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:
    (1) Date of sale;
    (2) Registered Buyer permit number;
    (3) Weight by product of the IFQ halibut, CDQ halibut or IFQ 
sablefish transferred.
    (D) A Registered Buyer must maintain a copy of each dockside sales 
receipt as described in paragraph (l) of this section.
    (v) Transfer directly from the landing site to a processing facility 
(CDQ halibut, IFQ halibut, IFQ sablefish, or CR crab only). A PTR is not 
required for transportation of unprocessed IFQ halibut, IFQ sablefish, 
CDQ halibut, or CR crab 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 receipt) 
documenting the IFQ landing accompanies the offloaded IFQ halibut, IFQ 
sablefish, or CDQ halibut while in transit.
    (B) A copy of the CR crab landing report receipt (Internet receipt) 
documenting the IFQ landing accompanies the offloaded CR crab while in 
transit.
    (C) A copy of the IFQ landing report or CR crab landing report 
receipt is available for inspection by an authorized officer.
    (D) The Registered Buyer submitting the IFQ landing report or RCR 
submitting the CR crab landing report completes a PTR for each shipment 
from the processing facility pursuant to paragraph (g)(1) of this 
section.
    (3) Time limits and submittal. The operator of a mothership or 
catcher/processor, the manager of a shoreside processor or SFP, the 
Registered Buyer, or RCR must:
    (i) Record all product transfer information on a PTR within 2 hours 
of the completion of the shipment.

[[Page 594]]

    (ii) Submit a PTR by facsimile 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 shipment 
occurred.
    (iii) If any information on the original PTR changes prior to the 
first destination of the shipment, submit a revised PTR by facsimile 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.
    (4) Required information. The operator of a mothership or catcher/
processor, the manager of a shoreside processor or SFP, the Registered 
Buyer, or RCR must include the following information on a PTR:
    (i) Original or revised PTR. Whether a submittal is an original or 
revised PTR.
    (ii) Shipper information. Name, telephone number, and facsimile 
number of the representative. According to the following table:

------------------------------------------------------------------------
                                             Enter under ``Shipper'' . .
         If you are shipping . . .                        .
------------------------------------------------------------------------
(A) Non-IFQ groundfish....................  Your processor's name,
                                             Federal fisheries or
                                             Federal processor permit
                                             number.
(B) IFQ halibut, CDQ halibut or IFQ         Your Registered Buyer name
 sablefish.                                  and permit number.
(C) CR crab...............................  Your RCR name and permit
                                             number.
(D) Non-IFQ groundfish, IFQ halibut, CDQ    (1) Your processor's name
 halibut or IFQ sablefish, and CR crab on    and Federal fisheries
 the same PTR.                               permit number or Federal
                                             processor permit number,
                                             (2) Your Registered Buyer's
                                             name and permit number, and
                                             (3) Your RCR name and
                                             permit number.
------------------------------------------------------------------------

    (iii) Transfer information. 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
                .                      Receiver         Date & time of        Location of     transportation and
                                                       product transfer    product transfer     intended route
----------------------------------------------------------------------------------------------------------------
(A) Receiver is on land and       Receiver name and   Date and time when  Port or city of     Name of the
 transfer involves one van,        Federal             shipment leaves     product transfer.   shipping company;
 truck, or vehicle.                fisheries,          the plant.                              destination city
                                   Federal                                                     and state or
                                   processor, or                                               foreign country.
                                   Federal crab
                                   vessel permit
                                   number (if any).
(B) Receiver is on land and       Receiver name and   Date and time when  Port or city of     Name of the
 transfer involves multiple        Federal             loading of vans     product transfer.   shipping company;
 vans, trucks or vehicles.         fisheries,          or trucks, is                           destination city
                                   Federal             completed each                          and state or
                                   processor, or       day.                                    foreign country.
                                   Federal crab
                                   vessel permit
                                   number (if any).
(C) Receiver is on land and       Receiver name and   Date and time when  Port or city of     Name of the
 transfer involves one airline     Federal             shipment leaves     product transfer.   airline company;
 flight.                           fisheries,          the plant.                              destination
                                   Federal                                                     airport city and
                                   processor, or                                               state.
                                   Federal crab
                                   vessel permit
                                   number (if any).
(D) Receiver is on land and       Receiver name and   Date and time of    Port or city of     Name of the
 transfer involves multiple        Federal             shipment when the   product transfer.   airline
 airline flights.                  fisheries,          last airline                            company(s);
                                   Federal             flight of the day                       destination
                                   processor, or       leaves.                                 airport(s) city
                                   Federal crab                                                and state.
                                   vessel permit
                                   number (if any).
(E) Receiver is a vessel and      Vessel name and     Start and finish    Transfer position   The first
 transfer occurs at sea.           call sign.          dates and times     coordinates in      destination of
                                                       of transfer.        latitude and        the vessel.
                                                                           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 (buyer,  Agent name and      Transfer start and  Port, city, or      Name (if
 distributor, shipping agent)      location (city,     finish dates and    position of         available) of the
 and transfer is in a              state).             times.              product transfer.   vessel
 containerized van(s).                                                                         transporting the
                                                                                               van; destination
                                                                                               port.

[[Page 595]]

 
(H) You are aggregating           ``RETAIL SALES''..  Date of transfer..  Port or city of     N/A.
 individual retail sales for                                               product transfer.
 human consumption. (see
 paragraph (g)(2) of this
 section).
(I) You are aggregating           ``BAIT SALES''....  Date of transfer..  Port or city of     N/A.
 individual bait sales during a                                            product transfer.
 day onto one PTR (non-IFQ
 groundfish only).
(J) Non-IFQ Groundfish only. You  ``WHOLESALE         Time of the first   Port or city of     N/A.
 are aggregating wholesale non-    SALES''.            sale of the day;    product transfer.
 IFQ groundfish product sales by                       time of the last
 species during a single day                           sale of the day.
 onto one PTR and maintaining
 invoices detailing destinations
 for all of the product for
 inspection by an authorized
 officer.
----------------------------------------------------------------------------------------------------------------

    (iv) Products shipped. The operator, manager, Registered Buyer, or 
RCR must record the following information for each product shipped:
    (A) Species code and product code. (1) For non-IFQ groundfish, IFQ 
halibut, IFQ sablefish, and CDQ halibut, the species code and product 
code (Tables 1 and 2 to this part).
    (2) For CR crab, the species code and product code (Tables 1 and 2 
to 50 CFR part 680).
    (B) Species weight. Use only if recording 2 or more species with 2 
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.
    (C) Number of units. Total number of production units (blocks, 
trays, pans, individual fish, boxes, or cartons; if iced, enter number 
of totes or containers).
    (D) 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).
    (E) Total weight. Total weight for each species and product code of 
shipment less packing materials in kilograms or pounds (indicate which).
    (F) Total or partial offload. (1) If a mothership or catcher/
processor, the operator must indicate whether fish or fish products are 
left onboard the vessel (partial offload) after the shipment is 
complete.
    (2) 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) Requirement. Except as described 
in paragraph (h)(2) of this section, the operator of a catcher/processor 
or mothership and manager of a shoreside processor or SFP must submit to 
NMFS a check-in report (BEGIN message) prior to becoming active and a 
check-out report (CEASE message) for every check-in report submitted. 
The check-in report and check-out report must be submitted by fax to 
907-586-7131, or by e-mail to [email protected].
    (2) Exceptions--(i) VMS onboard. The operator of a catcher/processor 
or mothership is not required to submit to NMFS a check-in report or 
check-

[[Page 596]]

out report if the vessel is carrying onboard a transmitting VMS that 
meets the requirements of Sec. 679.28(f).
    (ii) 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)(2)(ii) 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.
    (3) 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.
    (4) Time limits and submittal. Except as indicated in paragraph 
(h)(2) of this section, the operator or manager must submit a check-in 
report and a check-out report according to the following table:

----------------------------------------------------------------------------------------------------------------
            For ...                   If you are a ...        Submit a BEGIN message     Submit a CEASE message
----------------------------------------------------------------------------------------------------------------
(i) Each reporting area, except  (A) C/P using trawl gear   Before gear deployment.    Within 24 hours after
 area 300, 400, 550, or 690                                                             departing a reporting
                                                                                        area but prior to
                                                                                        checking in to another
                                                                                        reporting area.
                                --------------------------------------------------------------------------------
                                 (B) C/P using longline or  Before gear deployment.    Upon completion of gear
                                  pot gear                   May be checked in to       retrieval and within 24
                                                             more than one area         hours after departing
                                                             simultaneously.            each reporting area.
                                --------------------------------------------------------------------------------
                                 (C) MS                     Before receiving           Within 24 hours after
                                                             groundfish, must check-    receipt of fish is
                                                             in to reporting area(s)    complete from that
                                                             where groundfish were      reporting area.
                                                             harvested.                If receipt of groundfish
                                                            May be checked in to more   from a reporting area is
                                                             than one area              expected to stop for at
                                                             simultaneously.            least one month during
                                                                                        the fishing year and
                                                                                        then start up again, may
                                                                                        submit check-out report
                                                                                        for that reporting area.
----------------------------------------------------------------------------------------------------------------
(ii) COBLZ or RKCSA              (A) C/P using trawl gear   Prior to fishing. Submit   Upon completion of gear
                                                             one check-in for the       retrieval for
                                                             COBLZ or RKCSA and         groundfish, submit a
                                                             another check-in for the   separate check-out for
                                                             area outside the COBLZ     the COBLZ or RKCSA and
                                                             or RKCSA.                  another check-out for
                                                                                        the area outside the
                                                                                        COBLZ or RKCSA.
                                --------------------------------------------------------------------------------
                                 (B) MS                     Before receiving           Upon completion of
                                                             groundfish harvested       groundfish receipt,
                                                             with trawl gear that       submit a separate check-
                                                             were harvested in the      out for the COBLZ or
                                                             COBLZ or RKCSA, submit     RKCSA and another check-
                                                             one check-in for the       out for the area outside
                                                             COBLZ or RKCSA and         the COBLZ or RKCSA.
                                                             another check-in for the
                                                             area outside the COBLZ
                                                             or RKCSA.
----------------------------------------------------------------------------------------------------------------
(iii) Gear Type                  (A) C/P                    If in the same reporting   Upon completion of gear
                                                             area but using more than   retrieval for
                                                             one gear type, prior to    groundfish, submit a
                                                             fishing submit a           separate check-out for
                                                             separate check-in for      each gear type for which
                                                             each gear type.            a check-in was
                                                                                        submitted.
                                --------------------------------------------------------------------------------

[[Page 597]]

 
                                 (B) MS                     If harvested in the same   Upon completion of
                                                             reporting area but using   receipt of groundfish,
                                                             more than one gear type,   submit a separate check-
                                                             prior to receiving         out for each gear type
                                                             groundfish submit a        for which a check-in was
                                                             separate check-in for      submitted.
                                                             each gear type.
----------------------------------------------------------------------------------------------------------------
(iv) CDQ                         (A) MS                     Prior to receiving         Within 24 hours after
                                                             groundfish CDQ, if         receipt of groundfish
                                                             receiving groundfish       CDQ has ceased for each
                                                             under more than one CDQ    CDQ number.
                                                             number, use a separate
                                                             check-in for each CDQ
                                                             number.
                                --------------------------------------------------------------------------------
                                 (B) C/P                    Prior to fishing, submit   Within 24 hours after
                                                             a separate check-in for    groundfish CDQ fishing
                                                             each CDQ number.           for each CDQ number has
                                                                                        ceased.
----------------------------------------------------------------------------------------------------------------
(v) Exempted or Research         (A) C/P                    Prior to fishing, submit   Upon completion of
 Fishery                                                     a separate check-in for    receipt of groundfish
                                                             each type.                 submit a separate check-
                                                                                        out for each type for
                                                                                        which a check-in was
                                                                                        submitted.
                                --------------------------------------------------------------------------------
                                 (B) MS                     Prior to receiving         Upon completion of
                                                             groundfish, submit a       receipt of groundfish
                                                             separate check-in for      submit a separate check-
                                                             each type.                 out for each type for
                                                                                        which a check-in was
                                                                                        submitted.
----------------------------------------------------------------------------------------------------------------
(vi) Aleutian Islands Pollock    (A) C/P                    Prior to AIP fishing.      Within 24 hours after
 (AIP)                                                                                  completion of gear
                                                                                        retrieval for AIP.
                                --------------------------------------------------------------------------------
                                 (B) MS                     Before receiving AIP.      Within 24 hours after
                                                                                        receipt of AIP has
                                                                                        ceased.
----------------------------------------------------------------------------------------------------------------
(vii) Processor Type             C/P, MS                    If a catcher/processor     Upon completion of
                                                             and functioning            simultaneous activity as
                                                             simultaneously as a        both catcher/processor
                                                             mothership in the same     and mothership, a
                                                             reporting area, before     separate check-out, one
                                                             functioning as either      for catcher/processor
                                                             processor type.            and one for mothership.
----------------------------------------------------------------------------------------------------------------
(viii) Change of fishing year    (A) C/P, MS                If continually active      If a check-out report was
                                                             through the end of one     not previously submitted
                                                             fishing year and at the    during a fishing year
                                                             beginning of a second      for a reporting area,
                                                             fishing year, submit a     submit a check-out
                                                             check-in for each          report for each
                                                             reporting area to start    reporting area on
                                                             the year on January 1.     December 31.
                                --------------------------------------------------------------------------------
                                 (B) SS, SFP                If continually active      If a check-out report was
                                                             through the end of one     not previously submitted
                                                             fishing year and at the    during a fishing year,
                                                             beginning of a second      submit a check-out
                                                             fishing year, submit a     report on December 31.
                                                             check-in to start the
                                                             year on January 1.
----------------------------------------------------------------------------------------------------------------
(ix) Interruption of production  SS, SFP, MS                n/a                        If receipt of groundfish
                                                                                        is expected to stop for
                                                                                        at least one month
                                                                                        during the fishing year
                                                                                        and then start up again,
                                                                                        the manager or operator
                                                                                        may choose to submit a
                                                                                        check-out report.
(x) Change of location           AFA SFP                    Before receiving           Upon completion of
                                                             groundfish.                receipt of groundfish
                                                                                        from a position and
                                                                                        before movement from
                                                                                        that position.
----------------------------------------------------------------------------------------------------------------


[[Page 598]]

    (5) Required information. The operator of a catcher/processor or 
mothership and the manager of a shoreside processor or SFP must record 
the information in the following table on a check-in report and a check-
out report, as appropriate.

----------------------------------------------------------------------------------------------------------------
                                               Check-in Report                         Check-out Report
      Required information      --------------------------------------------------------------------------------
                                        MS              C/P         SS, SFP       MS          C/P       SS, SFP
----------------------------------------------------------------------------------------------------------------
(i) Whether an original or       X                X               X           X           X           X
 revised report
----------------------------------------------------------------------------------------------------------------
(ii) Vessel name, ADF&G          X                X               ..........  X           X           ..........
 processor code, FFP number
----------------------------------------------------------------------------------------------------------------
(iii) Processor name, ADF&G      ...............  ..............  X           ..........  ..........  X
 processor code, FPP number
----------------------------------------------------------------------------------------------------------------
(iv) Representative name,        X                X               X           X           X           X
 business telephone number,
 business fax number
----------------------------------------------------------------------------------------------------------------
(v) COMSAT number (if            X                X               ..........  X           X           ..........
 applicable)
----------------------------------------------------------------------------------------------------------------
(vi) Management program name     X                X               ..........  X           X           ..........
 (see paragraph (a)(1)(iii) of
 this section) and identifying
 number (if any). If harvest is
 not under one of these
 management programs, leave
 blank.
----------------------------------------------------------------------------------------------------------------
(vii) Processor type, gear type  X                X               ..........  X           X           ..........
----------------------------------------------------------------------------------------------------------------
(viii) Date (mm/dd/yyyy) and time (A.l.t., military format)
--------------------------------
(A) When receipt of groundfish   X                ..............  X           ..........  ..........  ..........
 will begin
----------------------------------------------------------------------------------------------------------------
(B) When gear deployment will    ...............  X               ..........  ..........  ..........  ..........
 begin
----------------------------------------------------------------------------------------------------------------
(C) When the last receipt or     ...............  ..............  ..........  X           ..........  X
 processing of groundfish was
 completed
----------------------------------------------------------------------------------------------------------------
(D) When the vessel departed     ...............  ..............  ..........  ..........  X           ..........
 the reporting area
----------------------------------------------------------------------------------------------------------------
(ix) Position coordinates
--------------------------------
(A) Where groundfish receipt     X                ..............  ..........  ..........  ..........  ..........
 begins
----------------------------------------------------------------------------------------------------------------
(B) Where receiving groundfish   ...............  ..............  X           ..........  ..........  ..........
 (if SFP):
----------------------------------------------------------------------------------------------------------------
(C) Where gear is deployed       ...............  X               ..........  ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------
(D) Where the last receipt of    ...............  ..............  ..........  X           ..........  ..........
 groundfish was completed
----------------------------------------------------------------------------------------------------------------
(E) Where the vessel departed    ...............  ..............  ..........  ..........  X           ..........
 the reporting area
----------------------------------------------------------------------------------------------------------------
(x) Reporting area code
--------------------------------
(A) Where gear deployment        ...............  X               ..........  ..........  ..........  ..........
 begins
----------------------------------------------------------------------------------------------------------------
(B) Where groundfish harvest     X                ..............  ..........  ..........  ..........  ..........
 occurred
----------------------------------------------------------------------------------------------------------------
(C) Where the last receipt of    ...............  ..............  ..........  X           ..........  ..........
 groundfish was completed
----------------------------------------------------------------------------------------------------------------
(D) Where the vessel departed    ...............  ..............  ..........  ..........  X           ..........
 the reporting area
----------------------------------------------------------------------------------------------------------------
(xi) Primary and secondary target species (A change in intended target species within the same reporting area
 does not require a new BEGIN message.)
--------------------------------
(A) Expected to be received the  X                ..............  ..........  ..........  ..........  ..........
 following week
----------------------------------------------------------------------------------------------------------------
(B) Expected to be harvested     ...............  X               ..........  ..........  ..........  ..........
 the following week
----------------------------------------------------------------------------------------------------------------

[[Page 599]]

 
(xii) Indicate (YES or NO)       ...............  ..............  X           ..........  ..........  ..........
 whether this is a check-in
 report
----------------------------------------------------------------------------------------------------------------
(xiii) If YES, indicate
--------------------------------
(A) If checking-in for the       ...............  ..............  X           ..........  ..........  ..........
 first time this fishing year
----------------------------------------------------------------------------------------------------------------
(B) If checking-in to restart    ...............  ..............  X           ..........  ..........  ..........
 receipt and processing of
 groundfish after filing a
 check-out report
----------------------------------------------------------------------------------------------------------------
(xiv) Indicate (YES or NO)       ...............  ..............  ..........  ..........  ..........  X
 whether this is a check-out
 report
----------------------------------------------------------------------------------------------------------------
(xv) If YES, enter date          X
 facility ceased to receive or
 process groundfish.
(xvi) Indicate product weight    X                X
 of all fish or fish products
 (including non groundfish)
 remaining at the facility
 (other than public cold
 storage) by species code and
 product code. Indicate if
 recorded to the nearest pound
 or to the nearest 0.001 mt.
----------------------------------------------------------------------------------------------------------------

    (i) Weekly production report (WPR). The WPR is removed from use. 
Instead of a WPR, the operator of a mothership or catcher/processor and 
the manager of a shoreside processor or SFP must submit all landings 
information, production information, and discard and disposition 
information using eLandings or other NMFS-approved software (see 
paragraph (e) of this section).
    (j) [Reserved]
    (k) U.S. Vessel Activity Report (VAR). For a comparison of forms 
used for shipping, transporting, or transferring fish or fish product, 
see Table 13 to this part.
    (1) Fish or fish product onboard. Except as noted in paragraph 
(k)(4) 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 facsimile or 
electronic file to OLE, Juneau, AK (907-586-7313) before the vessel 
crosses the seaward boundary of the EEZ off Alaska or crosses the U.S.-
Canadian international boundary between Alaska and British Columbia.
    (2) Combination of non-IFQ groundfish with IFQ halibut, CDQ halibut, 
IFQ sablefish or CR crab. If a vessel is carrying non-IFQ groundfish and 
IFQ halibut, CDQ halibut, IFQ sablefish or CR crab, the operator must 
submit a VAR in addition to an IFQ Departure Report required by 
paragraph (l)(4) of this section.
    (3) Revised VAR. If fish or fish products are landed at a port other 
than the one specified on the VAR, the operator must submit a revised 
VAR showing the actual port of landing before any fish are offloaded.
    (4) Exemption: IFQ Departure Report. A VAR is not required if a 
vessel is carrying only IFQ halibut, CDQ halibut, IFQ sablefish, or CR 
crab onboard and the operator has submitted an IFQ Departure Report 
required by paragraph (l)(4) of this section.
    (5) Information required. (i) Whether original or revised VAR.
    (ii) Name and Federal fisheries permit number of vessel or RCR 
permit number.
    (iii) Type of vessel (whether catcher vessel, catcher/processor, or 
mothership).
    (iv) Name, daytime telephone number (including area code), and 
facsimile number and COMSAT number (if available) of representative.
    (v) Return report. ``Return,'' for purposes of this paragraph, means 
returning to Alaska. If the vessel is crossing the seaward boundary of 
the EEZ off

[[Page 600]]

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 14a to this part);
    (B) Estimated date and time (hour and minute, Greenwich mean time) 
the vessel will cross the boundary; and
    (C) The estimated position coordinates in latitude and longitude 
where the vessel will cross.
    (vi) Depart report. ``Depart'' means leaving Alaska. If the vessel 
is crossing the seaward boundary of the EEZ off Alaska and moving out of 
the EEZ or crossing the U.S.-Canadian international boundary between 
Alaska and British Columbia and moving into Canadian waters, indicate a 
``depart'' report and enter:
    (A) The intended U.S. port of landing or country other than the 
United States (see Table 14b to this part);
    (B) Estimated date and time (hour and minute, Greenwich mean time) 
the vessel will cross the boundary; and
    (C) The estimated position coordinates in latitude and longitude 
where the vessel will cross.
    (vii) The Russian Zone. Indicate whether the vessel is returning 
from fishing in the Russian Zone or is departing to fish in the Russian 
Zone.
    (viii) Fish or fish products. For all fish or fish products 
(including non-groundfish) on board the vessel, enter:
    (A) Harvest zone code;
    (B) Species codes;
    (C) Product codes; and
    (D) Total fish product weight in lbs or to the nearest 0.001 mt 
(2.20 lb).
    (l) IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab R&R. In 
addition to the R&R requirements in this section, in 50 CFR part 680 
with respect to CR crab, 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 Tables 14a and 14b to this 
part;
    (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--(A) Halibut. An IFQ landing of halibut of 500 lb or 
less of IFQ weight determined pursuant to Sec. 679.40(h) and concurrent 
with a legal landing of salmon harvested using hand troll gear or power 
troll gear is exempt from the PNOL required by this section.
    (B) Lingcod. An IFQ landing of halibut of 500 lb or less of IFQ 
weight determined pursuant to Sec. 679.40(h) and concurrent with a 
legal landing of lingcod harvested using dinglebar gear is exempt from 
the PNOL required by this section.

[[Page 601]]

    (2) IFQ landing--(i) Remain at landing site. Once the landing has 
commenced, the IFQ permit holder, the IFQ hired master permit holder, or 
the CDQ hired master permit holder, and the harvesting vessel may not 
leave the landing site until the IFQ halibut, IFQ sablefish, or CDQ 
halibut account is properly debited (see Sec. 679.40(h)).
    (ii) 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 completed through 
eLandings or other NMFS-approved software and the IFQ permit holder's or 
CDQ permit holder's account is properly debited (see Sec. 679.40(h)).
    (iii) Single offload site--(A) IFQ halibut and CDQ halibut. The 
vessel operator who lands IFQ halibut or CDQ halibut must continuously 
and completely offload at a single offload site all halibut onboard the 
vessel.
    (B) IFQ sablefish. The vessel operator who lands IFQ sablefish must 
continuously and completely offload at a single offload site all 
sablefish onboard the vessel.
    (3) Transshipment authorization. For a comparison of forms used for 
shipping, transporting, or transferring fish or fish product, see Table 
13 to this part.
    (i) No person may transship processed IFQ halibut, CDQ halibut, IFQ 
sablefish, or CR crab 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;
    (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. For a comparison of forms used for 
shipping, transporting, or transferring fish or fish product, see Table 
13 to this part.
    (i) General requirements--(A) Time limit and submittal. A vessel 
operator who intends to make a landing of IFQ halibut, CDQ halibut, IFQ 
sablefish, or CR crab at any location other than in an IFQ regulatory 
area for halibut and sablefish or in a crab fishery for CR crab (see 
Table 1 to part 680) in the State of Alaska must submit an IFQ Departure 
Report, by telephone, to OLE, Juneau, AK, (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, IFQ 
sablefish, or CR crab are on board.
    (C) Permit--(1) Registered Crab Receiver permit. A vessel operator 
submitting an IFQ Departure Report for CR crab must have a Registered 
Crab Receiver permit.
    (2) Registered Buyer permit. A vessel operator submitting an IFQ 
Departure Report for IFQ halibut, CDQ halibut, or IFQ sablefish 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 have one 
or more IFQ permit holders or IFQ hired master permit holders on board 
with a combined IFQ balance equal to or greater than all IFQ halibut and 
IFQ sablefish on board the vessel.

[[Page 602]]

    (2) A vessel operator submitting an IFQ Departure Report to document 
CDQ halibut must ensure that one or more CDQ hired master permit holders 
are onboard with enough remaining halibut CDQ balance to harvest amounts 
of CDQ halibut equal to or greater than all CDQ halibut onboard.
    (3) A vessel operator submitting an IFQ Departure Report to document 
CR crab must have one or more permit holders on board with a combined CR 
balance equal to or greater than all CR crab on board the vessel.
    (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 vessel registration number;
    (C) Vessel operator's name and Registered Buyer permit or Registered 
Crab Receiver permit number;
    (D) Halibut IFQ, halibut CDQ, sablefish IFQ, and CR crab permit 
numbers of IFQ and CDQ permit holders on board;
    (E) Area of harvest. (1) If IFQ or CDQ halibut, then halibut 
regulatory areas (see Figure 15 to this part).
    (2) If IFQ sablefish, then sablefish regulatory areas (see Figure 14 
to this part).
    (3) If CR crab, then the crab rationalization fishery code (see 
Table 1 to part 680).
    (F) Estimated total weight as appropriate of IFQ halibut, CDQ 
halibut, IFQ sablefish, or CR crab on board (lb/kg/mt).
    (iii) Revision to Departure Report. A vessel operator who intends to 
make an IFQ landing at a location different from the location named on 
the IFQ Departure report must submit a revised report naming the new 
location at least 12 hours in advance of the offload. Revisions must be 
submitted by telephone, to OLE, Juneau, AK, (800-304-4846 or 907-586-
7163) between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t.
    (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 permit holder, IFQ hired master 
permit holder, or CDQ hired master permit holder 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.
    (7) IFQ cost recovery program--(i) IFQ buyer report. (A) 
Applicability. An IFQ registered buyer that also operates as a shoreside 
processor and receives and purchases IFQ landings of sablefish or 
halibut must submit annually to NMFS a complete IFQ Buyer Report as 
described in this paragraph (l) and as provided by NMFS for each 
reporting period, as described at Sec. 679.5(1)(7)(i)(E), in which the 
registered buyer receives IFQ fish.
    (B) Due date. A complete IFQ Buyer Report must be postmarked or 
received by the Regional Administrator not later than October 15 
following the reporting period in which the IFQ registered buyer 
receives the IFQ fish.
    (C) Information required. A complete IFQ Buyer Report must include 
the following information:
    (1) IFQ registered buyer identification, including:
    (i) Name,
    (ii) Registered buyer number,
    (iii) Social Security number or tax identification number,
    (iv) NMFS person identification number (if applicable),
    (v) Business address,

[[Page 603]]

    (vi) Telephone number,
    (vii) Facsimile telephone number,
    (viii) Primary registered buyer activity,
    (ix) Other registered buyer activity, and
    (x) Landing port location;
    (2) Pounds purchased and values paid. (i) The monthly total weights, 
represented in IFQ equivalent pounds by IFQ species, that were landed at 
the landing port location and purchased by the IFQ registered buyer;
    (ii) The monthly total gross ex-vessel value, in U.S. dollars, of 
IFQ pounds, by IFQ species, that were landed at the landing port 
location and purchased by the IFQ registered buyer;
    (3) Value paid for price adjustments--(i) IFQ retro-payments. The 
monthly total U.S. dollar amount of any IFQ retro-payments (correlated 
by IFQ species, landing month(s), and month of payment) made in the 
current year to IFQ permit holders for landings made during the previous 
calendar year;
    (ii) Electronic submittal. Certification, including the NMFS ID and 
password of the IFQ Registered Buyer; or
    (iii) Non-electronic submittal. Certification, including the printed 
name and signature of the individual submitting the IFQ Buyer Report on 
behalf of the Registered Buyer, and date of signature.
    (D) Submission address. The registered buyer must complete an IFQ 
Buyer Report and submit by mail or FAX to:
    Administrator, Alaska Region, NMFS, Attn: RAM Program,P.O. Box 
21668, Juneau, AK 99802-1668, FAX: (907) 586-7354 or 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 .
    (E) Reporting period. The reporting period of the IFQ Buyer Report 
shall extend from October 1 through September 30 of the following year, 
inclusive.
    (ii) IFQ permit holder Fee Submission Form--(A) Applicability. An 
IFQ permit holder who holds an IFQ permit against which a landing was 
made must submit to NMFS a complete IFQ permit holder Fee Submission 
Form provided by NMFS.
    (B) Due date and submittal. A complete IFQ permit holder Fee 
Submission Form must be postmarked or received by the Regional 
Administrator not later than January 31 following the calendar year in 
which any IFQ landing was made.
    (C) Contents of an IFQ Fee Submission Form. For each of the sections 
described here, a permit holder must provide the specified information.
    (1) Identification of the IFQ permit holder. An IFQ permit holder 
with an IFQ landing must accurately record on the identification section 
of the IFQ Fee Submission Form the following information:
    (i) The printed name of the IFQ permit holder;
    (ii) The NMFS person identification number;
    (iii) The Social Security number or tax ID number of the IFQ permit 
holder;
    (iv) The business mailing address of the IFQ permit holder; and
    (v) The telephone and facsimile number (if available) of the IFQ 
permit holder.
    (2) IFQ landing summary and estimated fee liability. NMFS will 
provide to an IFQ permit holder an IFQ Landing Summary and Estimated Fee 
Liability page as required by Sec. 679.45(a)(2). The IFQ permit holder 
must either accept the accuracy of the NMFS estimated fee liability 
associated with his or her IFQ landings for each IFQ permit, or 
calculate a revised IFQ fee liability in accordance with paragraph 
(l)(7)(ii)(C)(2)(i) of this section. The IFQ permit holder may calculate 
a revised fee liability for all or part of his or her IFQ landings.
    (i) Revised fee liability calculation. To calculate a revised fee 
liability, an IFQ permit holder must multiply the IFQ percentage in 
effect by either the IFQ actual ex-vessel value or the IFQ standard ex-
vessel of the IFQ landing. If parts of the landing have different 
values, the permit holder must apply the appropriate values to the 
different parts of the landings.
    (ii) Documentation. If NMFS requests in writing that a permit holder 
submit documentation establishing the factual basis for a revised IFQ 
fee liability, the permit holder must submit adequate documentation by 
the 30th day after the date of such request. Examples of

[[Page 604]]

such documentation regarding initial sales transactions of IFQ landings 
include valid fish tickets, sales receipts, or check stubs that clearly 
identify the IFQ landing amount, species, date, time, and ex-vessel 
value or price.
    (3) Fee calculation section--(i) Information required. An IFQ permit 
holder with an IFQ landing must record the following information on the 
Fee Calculation page: The name of the IFQ permit holder; the NMFS person 
identification number; the fee liability amount due for each IFQ permit 
he or she may hold; the IFQ permit number corresponding to such fee 
liability amount(s) due; the total price adjustment payment value for 
all IFQ halibut and/or sablefish (e.g., IFQ retro-payments) received 
during the reporting period for the IFQ Fee Submission Form as described 
in Sec. 679.5(l)(7)(ii)(D); and the fee liability amount due for such 
price adjustments.
    (ii) Calculation of total annual fee amount. An IFQ permit holder 
with an IFQ landing must perform the following calculations and record 
the results on the Fee Calculation page: add all fee liability amount(s) 
due for each IFQ permit and record the sum as the sub-total fee 
liability for all permits; multiply price adjustment payment(s) received 
for each IFQ species by the fee percentage in effect at the time the 
payment(s) was received by the IFQ permit holder; add the resulting fee 
liability amounts due for all price adjustment payments for each IFQ 
species, then enter the sum as the sub-total fee for price adjustments; 
add the sub-total fee liability for all permits and the sub-total fee 
for price adjustments, then enter the resulting sum as the total annual 
fee amount on the Fee Calculation page and on the Fee Payment page.
    (4) Fee payment and certification section--(i) Information required. 
An IFQ permit holder with an IFQ landing must provide his or her NMFS 
person identification number, signature, and date of signature on the 
Fee Payment section of the form or provide the electronic equivalent and 
record the following: his or her printed name; the total annual fee 
amount as calculated and recorded on the Fee Calculation page; the total 
of any pre-payments submitted to NMFS that apply to the total annual fee 
amount; the remaining balance fee; and the enclosed payment amount.
    (ii) Calculation of balance fee payment. An IFQ permit holder with 
an IFQ landing must perform the following calculation on the Fee Payment 
section of the Fee Submission Form: Subtract from the total annual fee 
amount the total of all pre-payments made (if any) to NMFS and any 
credits held by NMFS that are applicable to that year's total IFQ cost 
recovery fees, and record the result as the balance of the fee amount 
due.
    (D) Reporting Period. The reporting period of the IFQ Fee Submission 
Form shall extend from January 1 to December 31 of the year prior to the 
January 31 due date described in Sec. 679.5(l)(7)(ii)(B).
    (8) CQE annual report for an eligible community. By January 31, the 
CQE shall submit a complete annual report on halibut and sablefish IFQ 
activity for the prior fishing year for each community represented by 
the CQE to the Regional Administrator, National Marine Fisheries 
Service, P.O. Box 21668, Juneau, AK 99802, and to the governing body of 
each community represented by the CQE as identified in Table 21 to this 
part.
    (i) A complete annual report contains the following information:
    (A) Name, ADF&G vessel registration number, USCG documentation 
number, length overall, and home port of each vessel from which the IFQ 
leased from QS held by a CQE was fished;
    (B) Name and business addresses of individuals employed as crew 
members when fishing the IFQ derived from the QS held by the CQE;
    (C) Detailed description of the criteria used by the CQE to 
distribute IFQ leases among eligible community residents;
    (D) Description of efforts made to ensure that IFQ lessees employ 
crew members who are eligible community residents of the eligible 
community aboard vessels on which IFQ derived from QS held by a CQE is 
being fished;
    (E) Description of the process used to solicit lease applications 
from eligible community residents of the eligible

[[Page 605]]

community on whose behalf the CQE is holding QS;
    (F) Names and business addresses and amount of IFQ requested by each 
individual applying to receive IFQ from the CQE;
    (G) Any changes in the bylaws of the CQE, board of directors, or 
other key management personnel; and
    (H) Copies of minutes and other relevant decision making documents 
from CQE board meetings.
    (ii) Additional information may be submitted as part of the annual 
report based on data available through NMFS. This includes:
    (A) Identification of the eligible community, or communities, 
represented by the CQE;
    (B) Total amount of halibut QS and sablefish QS held by the CQE at 
the start of the calendar year and at the end of the calendar year;
    (C) Total amount of halibut and sablefish IFQ leased from the CQE;
    (D) Names, business addresses, and amount of halibut and sablefish 
IFQ received by each individual to whom the CQE leased IFQ; and
    (E) Number of vessels that fished for IFQ derived from QS held by a 
CQE.
    (m) [Reserved]
    (n) Groundfish CDQ fisheries--
    (1) CDQ or PSQ transfer. NMFS will process a request for CDQ or PSQ 
transfer between CDQ groups provided that the requirements of this 
paragraph are met.
    (i) Completed application. A paper or electronic request form must 
be completed with all information fields accurately filled in by 
transferors and transferees, and all required additional documentation 
must be attached.
    (ii) Certification of transferor--(A) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (B) Electronic submittal. The transferor's designated representative 
must log into the system and create a transfer request as indicated on 
the computer screen. By using the transferor's NMFS ID, password, and 
Transfer Key and submitting the transfer request, the designated 
representative certifies that all information is true, correct, and 
complete.
    (iii) Certification of transferee--(A) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (B) Electronic submittal. The transferee's designated representative 
must log into the system and create a transfer request as indicated on 
the computer screen. By using the transferee's NMFS ID, password, and 
Transfer Key and submitting the transfer request, the designated 
representative certifies that all information is true, correct, and 
complete.
    (2) Request for approval of an eligible vessel--(i) Who must submit 
a request for approval of an eligible vessel? A CDQ group must submit a 
completed request for approval of an eligible vessel to NMFS for each 
vessel that will be groundfish CDQ fishing and for each vessel equal to 
or greater than 60 ft (18.3 m) LOA that will be halibut CDQ fishing. See 
Sec. 679.32(c) for more information about this requirement.
    (ii) Information required--(A) Vessel information. Enter the vessel 
name, Federal fisheries permit number, if applicable, ADF&G vessel 
registration number, and LOA. Indicate all the gear types that will be 
used to catch CDQ.
    (B) Vessel contact information. Enter the name, mailing address, 
telephone number, and e-mail address (if available) of a contact person 
representing the vessel.
    (C) Method to determine CDQ and PSQ catch. Select the method that 
will be used to determine CDQ and PSQ catch, either NMFS standard 
sources of data or an alternative method. If the selection is ``NMFS 
standard sources of data,'' select either ``all trawl vessels greater 
than or equal to 60 ft (18.3 m) LOA using non-trawl gear'' or ``catcher 
vessels greater than or equal to 60 ft (18.3 m) LOA using non-trawl 
gear.'' If the selection is ``catcher vessels greater than or equal to 
60 ft (18.3 m) LOA using non-trawl gear,'' select either Option 1 or 
Option 2, described at Sec. 679.32(e)(2)(iv). If an alternative method 
(fishing plan) is proposed, it must be

[[Page 606]]

attached to the request for approval of an eligible vessel.
    (D) Notice of submission and review. Enter the name, telephone 
number, and fax number of the CDQ representative; the date submitted to 
NMFS; and signature of the CDQ representative.
    (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 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:
    ADF&G 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).

[[Page 607]]

    (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.
    (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 608]]

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).
    (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).
    (q) AI directed pollock fishery catch reports--(1) Applicability. 
The Aleut Corporation shall provide NMFS the identity of its designated 
contact for the Aleut Corporation. The Aleut Corporation shall submit to 
the Regional Administrator a pollock catch report containing information 
required by paragraph (q)(3) of this section.
    (2) Time limits and submittal. (i) The Aleut Corporation must submit 
its AI directed pollock fishery catch reports by one of the following 
methods:
    (A) An electronic data file in a format approved by NMFS; or
    (B) By fax.
    (ii) The AI directed pollock fishery catch reports must be received 
by the Regional Administrator by 1200 hours, A.l.t. on Tuesday following 
the end of the applicable weekly reporting period, as defined at Sec. 
679.2.
    (3) Information required. The AI directed pollock fishery catch 
report must contain the following information:
    (i) Catcher vessel ADF&G number;
    (ii) Federal fisheries or Federal processor permit number;
    (iii) Delivery date;
    (iv) Pollock harvested:
    (A) For shoreside and stationary floating processors and 
motherships, the amount of pollock (in lb for shoreside and stationary 
floating processors and in mt for motherships) delivered, including the 
weight of at-sea pollock discards; and
    (B) For catcher/processors, the amount of pollock (in mt) harvested 
and processed, including the weight of at-sea pollock discards; and
    (v) ADF&G fish ticket number.
    (r) Rockfish Program--(1) General. The owners and operators of 
catcher vessels, catcher/processors, shoreside processors, and 
stationary floating processors authorized as participants in the

[[Page 609]]

Rockfish Program must comply with the applicable recordkeeping and 
reporting requirements of this section and must assign all catch to a 
rockfish cooperative, rockfish limited access fishery, sideboard 
fishery, opt-out fishery, or rockfish entry level fishery as applicable 
at the time of catch or receipt of groundfish. All owners of catcher 
vessels, catcher/processors, shoreside processors, and stationary 
floating processors authorized as participants in the Rockfish Program 
must ensure that their designated representatives or employees comply 
with all applicable recordkeeping and reporting requirements.
    (2) Logbook--(i) DFL. Operators of catcher vessels equal to or 
greater than 60 ft (18.3 m) LOA participating in a Rockfish Program 
fishery must maintain a daily fishing logbook for trawl gear as 
described in paragraphs (a) and (c) of this section.
    (ii) DCPL. Operators of catcher/processors permitted in the Rockfish 
Program must use a daily cumulative production logbook for trawl gear as 
described in paragraph (a) of this section to record Rockfish Program 
landings and production.
    (3) eLandings. Managers of shoreside processors or SFPs that are 
authorized as processors in the Rockfish Program must use eLandings or 
NMFS-approved software as described in paragraphs (e) and (f) of this 
section, instead of a logbook and WPR, to record Rockfish Program 
landings and production.
    (4) Check-in/check-out report, processors. Operators or managers of 
a catcher/processor, mothership, stationary processor, or stationary 
floating processor that are authorized as processors in the Rockfish 
Program must submit check-in/check-out reports as described in paragraph 
(h) of this section.
    (5) Production reports. Operators of catcher/processors that are 
authorized as processors in the Rockfish Program and that use a DCPL 
must submit a production report as described in paragraphs (e)(9) and 
(10) of this section.
    (6) Product transfer report (PTR), processors. Operators of catcher/
processors and managers of shoreside processors or SFPs that are 
authorized as processors in the Rockfish Program must submit a PTR as 
described in paragraph (g) of this section.
    (7) Rockfish cooperative catch report--(i) Applicability. Operators 
of catcher/processors and managers of shoreside processors or SFPs that 
are authorized to receive fish harvested under a CQ permit in the 
Rockfish Program (see Sec. 679.4(n)) must submit to the Regional 
Administrator a rockfish cooperative catch report detailing each 
cooperative's delivery and discard of fish, as described in paragraph 
(r)(7) of this section.
    (ii) Time limits and submittal. (A) The rockfish cooperative catch 
report must be submitted by one of the following methods:
    (1) An electronic data file in a format approved by NMFS mailed to: 
Sustainable Fisheries, P.O. Box 21668, Juneau, AK 99802-1668; or
    (2) By fax: 907-586-7131.
    (B) The rockfish cooperative catch report must be received by the 
Regional Administrator by 1200 hours, A.l.t. one week after the date of 
completion of a delivery.
    (iii) Information required. The rockfish cooperative catch report 
must contain the following information:
    (A) CQ permit number;
    (B) ADF&G vessel registration number(s) of vessel(s) delivering 
catch;
    (C) Federal processor permit number of processor receiving catch;
    (D) Date the delivery was completed;
    (E) Amount of fish (in lb) delivered, plus weight of at-sea 
discards;
    (F) ADF&G fish ticket number(s) issued to catcher vessel(s).
    (8) Annual rockfish cooperative report--(i) Applicability. A 
rockfish cooperative permitted in the Rockfish Program (see Sec. 
679.4(m)(1)) annually must submit to the Regional Administrator an 
annual rockfish cooperative report detailing the use of the 
cooperative's CQ.
    (ii) Time limits and submittal. (A) The annual rockfish cooperative 
report must be submitted to the Regional Administrator by an electronic 
data file in a NMFS-approved format by fax: 907-586-7557; or by mail to 
the Regional Administrator, NMFS Alaska Region, P.O. Box 21668, Juneau, 
AK 99802-1668; and

[[Page 610]]

    (B) The annual rockfish cooperative report must be received by the 
Regional Administrator by December 15\th\ of each year.
    (iii) Information required. The annual rockfish cooperative report 
must include at a minimum:
    (A) The cooperative's CQ, sideboard limit (if applicable), and any 
rockfish sideboard fishery harvests made by the rockfish cooperative 
vessels on a vessel-by-vessel basis;
    (B) The cooperative's actual retained and discarded catch of CQ, and 
sideboard limit (if applicable) by statistical area and vessel-by-vessel 
basis;
    (C) A description of the method used by the cooperative to monitor 
fisheries in which cooperative vessels participated; and
    (D) A description of any actions taken by the cooperative in 
response to any members that exceeded their catch as allowed under the 
rockfish cooperative agreement.
    (9) Vessel monitoring system (VMS) requirements (see Sec. 
679.28(f)).
    (10) Rockfish cooperative vessel check-in and check-out report--(i) 
Applicability--(A) Vessel check-in. The designated representative of a 
rockfish cooperative must designate any vessel that is fishing under the 
rockfish cooperative's CQ permit before that vessel may fish under that 
CQ permit through a check-in procedure. The designated representative 
for a rockfish cooperative must submit this designation for a vessel:
    (1) At least 48 hours prior to the time the vessel begins a fishing 
trip to fish under a CQ permit; and
    (2) A check-in report is effective at the beginning of the first 
fishing trip after the designation has been submitted.
    (B) Vessel check-out. The designated representative of a rockfish 
cooperative must designate any vessel that is no longer fishing under a 
CQ permit for that rockfish cooperative through a check-out procedure. 
This check-out report must be submitted within 6 hours after the 
effective date and time the rockfish cooperative wishes to end the 
vessel's authority to fish under the CQ permit. This designation is 
effective at:
    (1) The end of a complete offload if that vessel is fishing under a 
CQ permit for a catcher vessel cooperative or the earlier of;
    (2) The end of the weekending date as reported in a production 
report if that vessel is fishing under a CQ permit for a catcher/
processor cooperative; or
    (3) The end of a complete offload if that vessel is fishing under a 
CQ permit for a catcher/processor cooperative.
    (ii) Submittal. The designated representative of the rockfish 
cooperative must submit a vessel check-in or check-out report by one of 
the following methods:
    (A) By mail: Sustainable Fisheries, P.O. Box 21668, Juneau, AK 
99802-1668; or
    (B) By fax: 907-586-7131.
    (iii) Information required. The vessel check-in or check-out report 
must contain the following information:
    (A) CQ permit number;
    (B) ADF&G vessel registration number(s) of vessel(s) designated to 
fish under the CQ permit;
    (C) USCG designation number(s) of vessel(s) designated to fish under 
the CQ permit; and
    (D) Date and time when check-in or check-out begins.
    (iv) Limitations on vessel check-in and check-out. (A) A rockfish 
cooperative may submit no more check-in reports in a calendar year than 
an amount equal to three times the number of LLP licenses that are 
assigned to that rockfish cooperative in that calendar year.
    (B) A rockfish cooperative may submit no more check-out reports in a 
calendar year than an amount equal to three times the number of LLP 
licenses that are assigned to that rockfish cooperative in that calendar 
year.
    (s) Amendment 80 Program--(1) General. The owners and operators of 
Amendment 80 vessels must comply with the applicable recordkeeping and 
reporting requirements of this section. All owners of Amendment 80 
vessels must ensure that their designated representatives or employees 
comply with all applicable recordkeeping and reporting requirements.
    (2) Logbook-DCPL. Operators of Amendment 80 vessels must use a daily 
cumulative production logbook for trawl gear as described in paragraph 
(a)

[[Page 611]]

of this section to record Amendment 80 Program landings and production.
    (3) Check-in/check-out report, processors. Operators or managers of 
an Amendment 80 vessel must submit check-in/check-out reports as 
described in paragraph (h) of this section.
    (4) Production report. Operators of Amendment 80 vessels that use a 
DCPL must submit a production report as described in paragraph (e)(10) 
of this section.
    (5) Product transfer report (PTR), processors. Operators of 
Amendment 80 vessels must submit a PTR as described in paragraph (g) of 
this section.
    (6) Annual Amendment 80 cooperative report--(i) Applicability. An 
Amendment 80 cooperative issued a CQ permit must submit annually to the 
Regional Administrator an Amendment 80 cooperative report detailing the 
use of the cooperative's CQ.
    (ii) Time limits and submittal. (A) The annual Amendment 80 
cooperative report must be submitted to the Regional Administrator by an 
electronic data file in a NMFS-approved format; by fax: 907-586-7557; or 
by mail sent to the Regional Administrator, NMFS Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668; and
    (B) The annual Amendment 80 cooperative report for fishing 
activities under a CQ permit issued for the prior calendar year must be 
received by the Regional Administrator not later than 1700 hours A.l.t. 
on March 1 of each year.
    (iii) Information required. The annual Amendment 80 cooperative 
report must include at a minimum:
    (A) The cooperative's actual retained and discarded catch of CQ and 
GOA sideboard limited fisheries (if applicable) by statistical area and 
on a vessel-by-vessel basis;
    (B) A description of the method used by the cooperative to monitor 
fisheries in which cooperative vessels participated; and
    (C) A description of any actions taken by the cooperative against 
specific members in response to a member that exceeded the amount of CQ 
that the member was assigned to catch for the Amendment 80 cooperative.
    (7) Vessel monitoring system (VMS) requirements (see Sec. 
679.28(f)).

[61 FR 31230, June 19, 1996]

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



Sec. 679.6  Exempted fisheries.

    (a) General. For limited experimental purposes, the Regional 
Administrator may authorize, after consulting with the Council, fishing 
for groundfish or fishing for Arctic fish in the Arctic Management Area 
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.
    (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).

[[Page 612]]

    (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.
    (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

[[Page 613]]

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; 74 FR 56745, Nov. 
3, 2009]



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).
    (iii) Conduct fishing operations from a vessel using other than the 
operation type(s) specified on the FFP (see Sec. 679.4(b)) issued for 
that vessel.
    (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) [Reserved]
    (6) Gear. Deploy any trawl, longline, single pot-and-line, or jig 
gear in an area when directed fishing for, or retention of, all 
groundfish by operators of vessels using that gear type is prohibited in 
that area, except that this paragraph (a)(6) shall not prohibit:
    (i) Deployment of hook-and-line gear by operators of vessels fishing 
for halibut during seasons prescribed in the annual management measures 
published in the Federal Register pursuant to Sec. 300.62 of chapter 
III of this title.
    (ii) Deployment of pot gear by operators of vessels fishing for crab 
during

[[Page 614]]

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 Sec. Sec. 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 
Sec. Sec. 679.2 during the same fishing year.
    (vi) Except as provided in paragraph (k)(3)(iv) of this section, use 
a stationary floating processor with a 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 Sec. Sec. 679.4 or 679.5.
    (ii) Alter, erase, or mutilate any permit or document issued under 
Sec. Sec. 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.
    (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

[[Page 615]]

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 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, purchase or arrange for 
purchase, discard, or process groundfish harvested in the GOA or BSAI by 
a shoreside processor or SFP 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 an Atka mackerel HLA directed fishery under Sec. 
679.20(a)(8)(iii), conduct directed fishing for groundfish, other than 
Atka mackerel, 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.
    (20) Anchoring in a habitat protection area. Anchor any federally 
permitted vessel in any habitat protection area described in Tables 22, 
23, and 26 of this part.
    (21) VMS on vessels in the Aleutian Islands subarea. Operate a 
federally permitted vessel in the Aleutian Islands subarea without an 
operable VMS and without complying with the requirements at Sec. 
679.28.
    (22) VMS for non-pelagic trawl and dredge gear vessels in the GOA. 
Operate a federally permitted vessel in the GOA with non-pelagic trawl 
or dredge gear onboard without an operable VMS and without complying 
with the requirements at Sec. 679.28.
    (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 harvest limit for pollock. (i) Retain more than 
300,000 lb (136 mt) of unprocessed pollock on board a catcher vessel 
issued a FFP at any time during a fishing trip as defined at Sec. 
679.2;
    (ii) Land more than 300,000 lb (136 mt) of unprocessed pollock 
harvested in any GOA reporting area from a catcher vessel issued a FFP 
to any processor or tender vessel during a calendar day as defined at 
Sec. 679.2; and
    (iii) Land a cumulative amount of unprocessed pollock harvested from 
any GOA reporting area from a catcher vessel issued a FFP during a 
directed fishery that exceeds the amount in paragraph (b)(2)(ii) of this 
section multiplied by the number of calendar days that occur during the 
time period the directed fishery is open in that reporting area.
    (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.

[[Page 616]]

    (c) Prohibitions specific to BSAI--(1) [Reserved]
    (2) Prohibited species. Conduct any fishing contrary to a 
notification issued under Sec. 679.21.
    (d) CDQ. (1) Participate in a Western Alaska CDQ program in 
violation of this part.
    (2) Fail to submit, submit inaccurate information on, or 
intentionally submit false information on any report, application, or 
statement required under this part.
    (3) Participate as a community in more than one CDP, unless the 
second CDP is for vessels fishing halibut CDQ only.
    (4) Harvest groundfish CDQ on behalf of a CDQ group with a vessel 
that is not listed as an eligible vessel for that CDQ group.
    (5) For a CDQ group, exceed a CDQ or a halibut PSQ.
    (6) Fail to comply with the requirements of a CDP.
    (7) Catch Accounting--(i) General--(A) For the operator of a 
catcher/processor using trawl gear or a mothership, to 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.
    (B) For the operator of a vessel required to have an observer 
sampling station described at Sec. 679.28(d), to 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.
    (C) For the manager of a shoreside processor or 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), to fail to weigh catch on a 
scale that meets the requirements of Sec. 679.28(c).
    (D) For the operator of a catcher/processor or a catcher vessel 
required to carry a level 2 observer, to combine catch from two or more 
CDQ groups in the same haul or set.
    (E) 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, to discard any groundfish CDQ species or salmon 
PSQ before it is delivered to a processor, 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.
    (F) For the operator of a vessel using trawl gear, to 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.''
    (G) For the operator of a catcher/processor using trawl gear or a 
mothership, to 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).
    (H) For a CDQ representative, to use methods other than those 
approved by NMFS to determine the catch of CDQ and PSQ reported to NMFS 
on the CDQ catch report.
    (ii) Fixed gear sablefish--(A) For a CDQ group, to 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.
    (B) For any person on a vessel using fixed gear that is fishing for 
a CDQ group with an allocation of fixed gear sablefish CDQ, to discard 
sablefish harvested with fixed gear unless retention of sablefish is not 
authorized under Sec. 679.23(e)(4)(ii) or, in waters within the State 
of Alaska, discard is required by laws of the State of Alaska.
    (8) Prohibited species catch--(i) Crab--(A) Zone 1. For the operator 
of an eligible vessel, to 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.
    (B) Zone 2. For the operator of an eligible vessel, to 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.
    (C) COBLZ. For the operator of an eligible vessel, to use trawl gear 
to harvest groundfish CDQ in the C. opilio Bycatch Limitation Zone after 
the CDQ

[[Page 617]]

group's PSQ for C. opilio Tanner crab is attained.
    (ii) Salmon--(A) Discard of salmon. For any person, to discard 
salmon from a catcher vessel, catcher/processor, mothership, shoreside 
processor, or SFP 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 pollock CDQ in the Bering Sea, until the number of 
salmon has been determined by an observer and the collection of 
scientific data or biological samples from the salmon has been 
completed.
    (B) Non-Chinook salmon. For the operator of an eligible vessel, to 
use trawl gear to harvest pollock CDQ in the Chum Salmon Savings Area 
between September 1 and October 14 after the CDQ group's non-Chinook 
salmon PSQ is attained, unless the vessel is participating in a non-
Chinook salmon bycatch reduction ICA under Sec. 679.21(g).
    (C) Chinook salmon--(1) Overages of Chinook salmon PSC allocations. 
For a CDQ group, to exceed a Chinook salmon PSC allocation issued under 
Sec. 679.21(f) as of June 25 for the A season allocation and as of 
December 1 for the B season allocation.
    (2) For the operator of a catcher vessel or catcher/processor, to 
start a new fishing trip for pollock CDQ in the BS in the A season or in 
the B season, if the CDQ group for which the vessel is fishing has 
exceeded its Chinook salmon PSC allocation issued under Sec. 679.21(f) 
for that season.
    (3) For the operator of a catcher/processor or mothership, to catch 
or process pollock CDQ in the BS without complying with the applicable 
requirements of Sec. 679.28(j).
    (4) For the operator of a catcher/processor or a mothership, to 
begin sorting catch from a haul from a directed fishery for pollock CDQ 
in the BS before the observer has completed counting the salmon and 
collecting scientific data or biological samples from the previous haul.
    (5) For the operator of a catcher vessel, to deliver pollock CDQ to 
a shoreside processor or stationary floating processor that does not 
have a catch monitoring and control plan approved under Sec. 679.28(g).
    (6) For the manager of a shoreside processor or stationary floating 
processor, to begin sorting a pollock CDQ offload before the observer 
has completed the count of salmon and the collection of scientific data 
or biological samples from the previous offload.
    (9) For a CDQ group, exceed a seasonal allowance of Pacific cod 
under Sec. 679.20(a)(7)(i)(B).
    (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. (A) Retain halibut caught with fixed gear without a 
valid IFQ permit, and if using a hired master, without an IFQ hired 
master permit in the name of an individual aboard.
    (B) Retain halibut caught with fixed gear without a valid CDQ permit 
and without a CDQ hired master permit in the name of an individual 
aboard.
    (ii) Sablefish. Retain sablefish caught with fixed gear without a 
valid IFQ permit, and if using a hired master, without an IFQ hired 
master permit in the name of an individual aboard, unless fishing on 
behalf of a CDQ group and authorized under Sec. 679.32(c).
    (4) Except as provided in Sec. 679.40(d), retain IFQ or CDQ halibut 
or IFQ or CDQ sablefish on a vessel in excess of the total amount of 
unharvested IFQ or CDQ, applicable to the vessel category and IFQ or CDQ 
regulatory area(s) in which the vessel is deploying fixed gear, and that 
is currently held by all IFQ or CDQ permit 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 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 permit or IFQ hired master permit. Make an IFQ 
landing without an IFQ permit or IFQ hired master permit, as 
appropriate, in

[[Page 618]]

the name of the individual making the landing.
    (ii) Hired master, CDQ. Make a CDQ halibut landing without a CDQ 
hired master permit listing the name of the hired master.
    (iii) Hired master, CDQ halibut. Make a CDQ halibut landing without 
a CDQ hired master permit 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 a    Pacific cod must not be
 Pacific cod endorsement that meets the      discarded unless Pacific
 requirements of Sec. 679.4(k)(9).         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.
(2) does not have an LLP groundfish         Pacific cod must not be
 license with a Pacific cod endorsement      discarded up to the
 that meets the requirements of Sec. retainable amount specified
 679.4(k)(9).                                in Table 11 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 
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 permit 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) [Reserved]
    (14) Violate any other provision under this part.
    (15) Hire a master to fish for IFQ halibut or IFQ sablefish that is 
derived from QS held by a CQE.
    (16) Process IFQ halibut or IFQ sablefish onboard a vessel on which 
a person is using IFQ derived from QS held by a CQE.
    (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.

[[Page 619]]

    (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) Salmon fisheries. (1) Fish for, take, or retain any salmon in 
violation of this part.
    (2) Engage in fishing for salmon in the Salmon Management Area 
defined at Sec. 679.2 and Figure 23 to this part, except to the extent 
authorized by Sec. 679.4(h) or applicable State of Alaska regulations.
    (i) License Limitation Program--(1) Number of licenses. (i) Hold 
more than 10 groundfish licenses in the name of that person at any time, 
except as provided in paragraph (i)(1)(iii) of this section;
    (ii) Hold more than five crab species licenses in the name of that 
person at any time, except as provided in paragraph (i)(1)(iii) of this 
section; or
    (iii) Hold more licenses than allowed in paragraphs (i)(1)(i) and 
(i)(1)(ii) of this section unless those licenses were issued to that 
person in the initial distribution of licenses. Any person who receives 
in the initial distribution 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 a legible copy of a valid groundfish license, except as provided 
in Sec. 679.4(k)(2);
    (3) Conduct directed fishing for LLP crab species without a legible 
copy of a valid crab license, except as provided in Sec. 679.4(k)(2);
    (4) Process license limitation groundfish on board a vessel without 
a legible copy of a valid groundfish license with a catcher/processor 
designation;
    (5) Process LLP crab species on board a vessel without a legible 
copy of a valid crab species LLP 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 a copy of a 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.

[[Page 620]]

    (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 crab species 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 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) [Reserved]
    (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 BS without a valid AFA 
inshore processor permit at the facility or on board vessel.

[[Page 621]]

    (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) [Reserved]
    (iv) Single geographic location requirement. Use an AFA inshore 
processor to process pollock harvested in the BS 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 BS pollock harvested in the BS 
directed pollock fishery during a fishing year.
    (B) Stationary floating processor (SFP). A geographic position 
within State of Alaska waters of the BS subarea and that is within a 5 
nm radius of the latitude and longitude reported in the check-in and 
check-out reports at Sec. 679.5(h)(5)(ix)(B). An AFA SFP cannot change 
its single geographic location more than four times within State of 
Alaska waters in the BS subarea to process pollock harvested in a BS 
subarea directed pollock fishery during a fishing year and cannot use 
more than one single geographic location during a reporting week.
    (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)--(A) 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.
    (B) Allow sorting of fish at any location in the processing plant 
other than those identified in the CMCP under Sec. 678.28(g)(7).
    (C) Allow salmon of any species to pass beyond the last point where 
sorting of fish occurs, as identified in the scale drawing of the 
processing plant in the approved CMCP.
    (vii) Restrictions for GOA Pacific cod and GOA pollock. Use an AFA 
SFP to process GOA pollock or GOA Pacific cod in any location other than 
the location at which either GOA pollock or GOA Pacific cod were first 
processed by that SFP in the year 2002.
    (4) Catcher vessels--(i) Permit requirement. Use a catcher vessel to 
engage in directed fishing for non-CDQ BS 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 includes 
an endorsement for the sector of the BS pollock fishery in which the 
vessel is participating.
    (ii) [Reserved]
    (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 BS 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 BS 
pollock TAC.
    (6) Excessive harvesting shares. It is unlawful for an AFA entity to 
harvest, through a fishery cooperative or otherwise, an amount of BS 
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 BS pollock 
will be held jointly and severally liable for exceeding the excessive 
harvesting share limit.

[[Page 622]]

    (7) Excessive processing shares. It is unlawful for an AFA entity to 
process an amount of BS 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 BS pollock will be held jointly and severally liable for 
exceeding the excessive processing share limit.
    (8) Salmon bycatch--(i) Discard of salmon. For any person, to 
discard any salmon from a catcher vessel, catcher/processor, mothership, 
or inshore processor, 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 pollock in the BS before the number of salmon has 
been determined by an observer and the collection of scientific data or 
biological samples from the salmon has been completed.
    (ii) Catcher/processors and motherships. For the operator of a 
catcher/processor or a mothership, to begin sorting catch from a haul 
from a directed fishery for pollock in the BS before the observer has 
completed counting the salmon and collecting scientific data or 
biological samples from the previous haul.
    (iii) Shoreside processors and stationary floating processors. For 
the manager of a shoreside processor or stationary floating processor to 
begin sorting a new BS pollock offload before the observer has completed 
the count of salmon and the collection of scientific data or biological 
samples from the previous offload.
    (iv) Overages of Chinook salmon PSC allocations--(A) For an inshore 
cooperative, the entity representing the AFA catcher/processor sector, 
or the entity representing the AFA mothership sector, to exceed a 
Chinook salmon PSC allocation issued under Sec. 679.21(f) as of June 25 
for the A season allocation and as of December 1 for the B season 
allocation.
    (B) For a catcher vessel or catcher/processor, to start a fishing 
trip for pollock in the BS in the A season or in the B season if the 
vessel is fishing under a transferable Chinook salmon PSC allocation 
issued to an inshore cooperative, the entity representing the AFA 
catcher/processor sector, or the entity representing the AFA mothership 
sector under Sec. 679.21(f) and the inshore cooperative or entity has 
exceeded its Chinook salmon PSC allocation for that season.
    (l) Prohibitions specific to the AI directed pollock fishery--(1) 
Catcher/processors. (i) Use a catcher/processor vessel to harvest 
pollock in the AI directed pollock fishery or process pollock harvested 
in the AI directed pollock fishery without a copy of NMFS' approval 
letter on board pursuant to Sec. 679.4(m).
    (ii) Process any pollock harvested in the AI directed pollock 
fishery without complying with catch weighing and observer sampling 
station requirements set forth at paragraphs (k)(1)(vi) and (k)(1)(vii) 
of this section, respectively.
    (iii) Use a catcher/processor to harvest pollock in the AI directed 
pollock fishery or process pollock harvested in the AI directed pollock 
fishery without a valid AFA catcher/processor permit on board the 
vessel.
    (2) Motherships. (i) Use a mothership to process pollock harvested 
in the AI directed pollock fishery without a copy of NMFS' approval 
letter on board pursuant to Sec. 679.4(m).
    (ii) Process any pollock harvested in the AI directed pollock 
fishery without complying with catch weighing and observer sampling 
station requirements set forth at paragraphs (k)(2)(iii) and (k)(2)(iv) 
of this section, respectively.
    (iii) Use a mothership to process pollock harvested in the AI 
directed pollock fishery without a valid AFA mothership permit on board 
the vessel.
    (3) Shoreside and stationary floating processors. (i) Use a 
shoreside processor or stationary floating processor to process pollock 
harvested in the in AI directed pollock fishery without a copy of NMFS' 
approval letter on location pursuant to Sec. 679.4(m).
    (ii) Process any pollock harvested in the AI directed pollock 
fishery without complying with catch weighing requirements set forth at 
paragraph (k)(3)(v) of this section.
    (iii) Take deliveries of pollock harvested in the AI directed 
pollock fishery or process pollock harvested in the AI pollock fishery 
without following an approved CMCP as described in Sec. 679.28(g). A 
copy of the CMCP must be maintained on the premises and made available 
to authorized officers or

[[Page 623]]

NMFS-authorized personnel upon request.
    (4) Catcher vessels. (i) Use a catcher vessel to harvest pollock in 
the AI directed pollock fishery without a copy of NMFS' approval letter 
on board pursuant to Sec. 679.4(m).
    (ii) Have on board at any one time pollock harvested in the AI 
directed pollock fishery and pollock harvested from either the Bering 
Sea subarea or the Gulf of Alaska.
    (iii) Use a catcher vessel to deliver pollock harvested in the AI 
directed pollock fishery:
    (A) To a shoreside or stationary floating processor that does not 
have an approved CMCP pursuant to Sec. 679.28(g) and is not approved by 
NMFS to process pollock harvested in the AI directed pollock fishery, or
    (B) To a catcher/processor or mothership that is not approved by 
NMFS to process pollock harvested in the AI directed pollock fishery.
    (iv) Use a catcher vessel greater than 60 ft (18.3 m) LOA to harvest 
pollock in the AI directed pollock fishery unless the vessel has a valid 
AFA catcher vessel permit on board.
    (5) AI directed pollock fishery overages. (i) Use a catcher vessel 
selected by the Aleut Corporation and approved by NMFS to participate in 
the AI directed pollock fishery under Sec. 679.4(m) to harvest pollock 
in the AI directed pollock fishery in excess of the Aleut Corporation's 
annual or seasonal allocations of pollock or in excess of the vessel 
allocation specified under Sec. 679.20(a)(5)(iii).
    (ii) The Aleut Corporation is prohibited from exceeding its annual 
and seasonal allocations of AI pollock TAC or from exceeding the 
allocation to vessels, as specified in Sec. 679.20(a)(5)(iii).
    (m) Prohibitions specific to GRS. (Effective January 20, 2008). It 
is unlawful for either the owner or operator of a catcher/processor not 
listed in Sec. 679.4(l)(2)(i) not assigned to an Amendment 80 
cooperative and using trawl gear in the BSAI, or an Amendment 80 
cooperative to:
    (1) Retain an amount of groundfish during a fishing year that is 
less than the amount of groundfish required to be retained under the GRS 
described at Sec. 679.27(j).
    (2) Fail to submit, submit inaccurate information, or intentionally 
submit false information, on any report, application or statement 
required under this part.
    (3) Process or discard any catch not weighed on a NMFS-approved 
scale that complies with the requirements of Sec. 679.28(b). Catch must 
not be sorted before it is weighed and each haul must be available to be 
sampled by an observer for species composition.
    (4) Process any groundfish without an observer sampling station that 
complies with Sec. 679.28(d).
    (5) Combine catch from two or more hauls.
    (6) Receive deliveries of unsorted catch at any time during a 
fishing year without complying with Sec. 679.27(j)(5), if the vessel is 
required to comply with Sec. 679.27(j)(1) at any time during the same 
fishing year.
    (n) Rockfish Program--(1) General. (i) Fail to retain any primary 
rockfish species caught by a vessel that is assigned to a rockfish 
cooperative when that vessel is fishing under a CQ permit.
    (ii) Fail to retain any primary rockfish species in the Central GOA 
caught by a vessel assigned to a rockfish limited access fishery, or to 
a rockfish entry level fishery, when that fishery is open.
    (iii) Fail to retain any secondary species caught by a vessel 
assigned to a rockfish cooperative when that vessel is fishing under a 
CQ permit.
    (iv) Use an LLP license assigned to a Rockfish Program fishery in 
any other Rockfish Program fishery other than the Rockfish Program 
fishery to which that LLP license was initially assigned for that 
fishing year.
    (v) Operate a vessel assigned to a Rockfish Program Fishery in any 
other Rockfish Program fishery other than the Rockfish Program fishery 
to which that vessel was initially assigned for that fishing year.
    (vi) Receive any primary rockfish species harvested in the entry 
level rockfish fishery if that person is an eligible rockfish processor.
    (vii) Harvest any primary rockfish species in the entry level 
rockfish fishery if that person is an eligible rockfish harvester.

[[Page 624]]

    (viii) Harvest primary rockfish species, secondary species, or use 
halibut PSC assigned to a rockfish cooperative without a valid CQ 
permit.
    (2) Vessels operators participating in the Rockfish Program. (i) 
Operate a vessel that is assigned to a rockfish cooperative and fishing 
under a CQ permit and fail to follow the catch monitoring requirements 
detailed at Sec. 679.84(c) through (e) from May 1:
    (A) Until November 15; or
    (B) Until that rockfish cooperative has submitted a rockfish 
cooperative termination of fishing declaration that has been approved by 
NMFS.
    (ii) Operate a vessel that is assigned to a rockfish limited access 
fishery and fail to follow the catch monitoring requirements detailed at 
Sec. 679.84(c) through (e) from July 1:
    (A) Until November 15; or
    (B) Until NMFS closes all directed fishing for all primary rockfish 
species for that rockfish limited access fishery for that sector.
    (iii) Operate a vessel, other than a catcher/processor vessel 
assigned to the opt-out fishery, that is subject to a sideboard limit 
detailed at Sec. 679.82(d) through (h), as applicable, and fail to 
follow the catch monitoring requirements detailed at Sec. 679.84(c) 
through (e) from July 1 until July 31, if that vessel is harvesting fish 
in the West Yakutat District, Central GOA, or Western GOA management 
areas.
    (iv) Operate a catcher/processor vessel assigned to the opt-out 
fishery, that is subject to a sideboard limit detailed at Sec. 
679.82(d) through (h), as applicable, and fail to follow the catch 
monitoring requirements detailed at Sec. 679.84(d) from July 1 until 
July 31, if that vessel is harvesting fish in the West Yakutat District, 
Central GOA, or Western GOA management areas.
    (3) VMS. (i) Operate a vessel that is assigned to a rockfish 
cooperative and fail to use functioning VMS equipment as described at 
Sec. 679.28(f) at all times when operating in a reporting area off 
Alaska from May 1:
    (A) Until November 15; or
    (B) Until that rockfish cooperative has submitted a rockfish 
cooperative termination of fishing declaration that has been approved by 
NMFS.
    (ii) Operate a vessel that is assigned to a rockfish limited access 
fishery and fail to use functioning VMS equipment as described at Sec. 
679.28(f) at all times when operating in a reporting area off Alaska 
from July 1:
    (A) Until November 15; or
    (B) Until NMFS closes all directed fishing for all primary rockfish 
species for that rockfish limited access fishery for that sector.
    (iii) Operate a vessel that is subject to a sideboard limit detailed 
at Sec. 679.82(d) through (h), as applicable, and fail to use 
functioning VMS equipment as described at Sec. 679.28(f) at all times 
when operating in a reporting area off Alaska from July 1 until July 31.
    (iv) Operate a vessel assigned to the rockfish entry level fishery 
for trawl gear and fail to use functioning VMS equipment as described at 
Sec. 679.28(f) at all times when operating in a reporting area off 
Alaska from July 1:
    (A) Until November 15; or
    (B) Until NMFS closes all directed fishing for all primary rockfish 
species for the rockfish entry level fishery for trawl gear.
    (4) Catcher/processor vessels participating in the opt-out fishery. 
Operate a vessel that is assigned to the opt-out fishery to directed 
fish for northern rockfish, Pacific ocean perch, or pelagic shelf 
rockfish in the Central GOA.
    (5) Shoreside and stationary floating processors eligible for the 
Rockfish Program--(i) Catch weighing. Process any groundfish delivered 
by a vessel assigned to a Rockfish Program fishery, or subject to a 
sideboard limit not weighed on a scale approved by the State of Alaska. 
The scale must meet the requirements specified in Sec. 679.28(c).
    (ii) Catch monitoring and control plan (CMCP). Take deliveries of, 
or process, groundfish caught by a vessel in a rockfish cooperative or 
the rockfish limited access fishery as detailed under this subpart 
without following an approved CMCP as described at Sec. 679.28(g). A 
copy of the CMCP must be maintained at the facility and made available 
to authorized officers or NMFS-authorized personnel upon request.
    (iii) Delivery location limitations. Receive or process outside of 
the geographic boundaries of the community

[[Page 625]]

that is designated on the permit issued by NMFS to the eligible rockfish 
processor any groundfish caught by a vessel while that vessel is 
harvesting groundfish under a CQ permit or in a rockfish limited access 
fishery.
    (6) Catcher vessels participating in the Rockfish Program. Deliver 
groundfish harvested by a catcher vessel fishing under a CQ permit or in 
a rockfish limited access fishery to a shoreside or stationary floating 
processor that is not operating under an approved CMCP pursuant to Sec. 
679.28(g).
    (7) Rockfish cooperatives. (i) Begin a fishing trip for any Rockfish 
Program species with any vessel assigned to a Rockfish cooperative if 
the total amount of unharvested CQ that is currently held by that 
Rockfish cooperative is zero or less for any species for which CQ is 
assigned.
    (ii) Exceed any sideboard limit assigned to a rockfish cooperative 
in the catcher/processor sector.
    (iii) Operate a vessel assigned to a rockfish cooperative to fish 
under a CQ permit unless the rockfish cooperative has notified NMFS that 
the vessel is fishing under a CQ permit as described under Sec. 
679.5(r)(10).
    (iv) Operate a vessel fishing under the authority of a CQ permit in 
the catcher vessel sector and to have any Pacific ocean perch, pelagic 
shelf rockfish, northern rockfish, sablefish, thornyhead rockfish, 
aboard the vessel unless those fish were harvested under the authority 
of a CQ permit.
    (v) Operate a vessel fishing under the authority of a CQ permit in 
the catcher vessel sector and to have any Pacific cod aboard the vessel 
unless those fish were harvested under the authority of a CQ permit.
    (vi) Have a negative balance in a CQ account for any species for 
which CQ is assigned after the end of the calendar year for which a CQ 
permit was issued.
    (8) Use caps. Exceed the use caps that apply under Sec. 679.82(a).
    (o) Amendment 80 Program--(1) Amendment 80 vessels. (i) Use any 
vessel other than an Amendment 80 vessel to catch any amount of 
Amendment 80 species, crab PSC, or halibut PSC assigned to the Amendment 
80 sector.
    (ii) Use an Amendment 80 vessel to catch any amount of Amendment 80 
species, crab PSC, or halibut PSC assigned to the BSAI trawl limited 
access sector.
    (2) Amendment 80 LLP license. (i) Designate any vessel other than an 
Amendment 80 vessel on an Amendment 80 LLP license;
    (ii) Fail to designate an Amendment 80 vessel on an Amendment 80 LLP 
license that is endorsed for groundfish in the Bering Sea subarea or 
Aleutian Islands subarea with a catcher/processor designation at all 
times during a calendar year unless that Amendment 80 vessel has 
suffered an actual total loss, constructive total loss, or is 
permanently ineligible to receive a fishery endorsement under 46 U.S.C. 
12108.
    (3) Amendment 80 QS permit. (i) Hold an Amendment 80 QS permit 
assigned to an Amendment 80 vessel if that person does not hold an 
Amendment 80 LLP license that designates that Amendment 80 vessel.
    (ii) Hold an Amendment 80 QS permit that is assigned to an Amendment 
80 vessel under Sec. 679.4(o)(1) if that person is not designated as 
the owner of that Amendment 80 vessel by an abstract of title or USCG 
documentation.
    (iii) Hold an Amendment 80 QS permit assigned to an Amendment 80 
vessel if that Amendment 80 vessel has suffered an actual total loss, 
constructive total loss, or is permanently ineligible to receive a 
fishery endorsement under 46 U.S.C. 12108 after October 15 in the 
calendar year following the date of that actual total loss, constructive 
total loss, or permanent ineligibility to receive a fishery endorsement 
under 46 U.S.C. 12108.
    (4) Amendment 80 cooperatives. (i) Use an Amendment 80 vessel, 
Amendment 80 LLP license, or Amendment 80 QS permit not assigned to an 
Amendment 80 cooperative for a calendar year to catch any Amendment 80 
species, crab PSC, or halibut PSC assigned to that Amendment 80 
cooperative during that calendar year;
    (ii) Use an Amendment 80 vessel assigned to an Amendment 80 
cooperative for a calendar year to receive or process catch from any 
Amendment 80 vessel not assigned to that Amendment 80 cooperative for 
that calendar year.
    (iii) Catch, process, or receive Amendment 80 species assigned to an

[[Page 626]]

Amendment 80 cooperative in the BSAI or adjacent waters open by the 
State of Alaska for which it adopts a Federal fishing season without a 
copy of a valid Amendment 80 CQ permit onboard unless that Amendment 80 
vessel is using dredge gear while directed fishing for scallops.
    (iv) Retain an amount of groundfish during a fishing year that is 
less than the amount of groundfish required to be retained by an 
Amendment 80 cooperative under the GRS described at Sec. 679.27(j).
    (v) Begin a fishing trip for any Amendment 80 species with any 
vessel assigned to an Amendment 80 cooperative if the total amount of 
unharvested CQ that is currently held by that Amendment 80 cooperative 
is zero or less for any species for which CQ is assigned.
    (vi) Have a negative balance in a CQ account for any species for 
which CQ is assigned after the end of the calendar year for which a CQ 
permit was issued.
    (5) Amendment 80 limited access fishery. (i) Use an Amendment 80 
vessel, Amendment 80 LLP license, or Amendment 80 QS permit not assigned 
to the Amendment 80 limited access fishery for a calendar year to catch 
any Amendment 80 species, crab PSC, or halibut PSC assigned to the 
Amendment 80 limited access sector during that calendar year;
    (ii) Use an Amendment 80 vessel assigned to the Amendment 80 limited 
access fishery for a calendar year to receive or process catch from any 
Amendment 80 vessel not assigned to the Amendment 80 limited access 
fishery for that calendar year;
    (iii) Catch, process, or receive Amendment 80 species assigned to 
the Amendment 80 limited access fishery in the BSAI or adjacent waters 
open by the State of Alaska for which it adopts a Federal fishing season 
without a copy of a valid Amendment 80 limited access fishery permit 
onboard unless that Amendment 80 vessel is using dredge gear while 
directed fishing for scallops.
    (6) Catch monitoring. (i) Operate an Amendment 80 vessel using any 
gear but dredge gear while directed fishing for scallops or a catcher/
processor not listed in Sec. 679.4(l)(2)(i) and using trawl gear, to 
catch, process, or receive fish in the BSAI or adjacent waters opened by 
the State of Alaska for which it adopts a Federal fishing season and 
fail to follow the catch monitoring requirements detailed at Sec. 
679.93(a), (b), and (c).
    (ii) Operate an Amendment 80 vessel using any gear but dredge gear 
while directed fishing for scallops that is subject to a sideboard limit 
detailed at Sec. 679.92(b) and (c), as applicable, in the GOA or 
adjacent waters open by the State of Alaska for which it adopts a 
Federal fishing season, and fail to follow the catch monitoring 
requirements detailed at Sec. 679.93(a), (b), and (d).
    (7) Use caps. Exceed the use caps that apply under Sec. 679.92(a).
    (8) Economic data report (EDR): Fail to submit a timely and complete 
EDR as described under Sec. 679.94.
    (p) Arctic Management Area. Conduct commercial fishing for any 
Arctic fish in the Arctic Management Area.

[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.



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/or the BSAI and to vessels engaged in 
commercial fishing for Arctic fish in the Arctic Management Area.
    (a) Harvest limits--(1) OY (i) BSAI and GOA. The OY for BSAI and GOA 
target species and the ``other species'' category is a range or specific 
amount 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

[[Page 627]]

1 of the specifications as provided in paragraph (c) of this section.
    (A) The OY for groundfish in the BSAI regulated by this section and 
by part 600 of this chapter is 1.4 million to 2.0 million mt.
    (B) 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.
    (ii) Arctic Management Area. The OY for each target fish species 
identified in the Fishery Management Plan for Fish Resources of the 
Arctic Management Area regulated by this section and by part 600 of this 
chapter is 0 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

[[Page 628]]

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, 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(a).
    (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 for AFA and CDQ--(1) Inshore, catcher/
processor, mothership, and CDQ components. The portions of the BS 
subarea pollock directed fishing allowances allocated to each component 
under sections 206(a) and 206(b) of the AFA and the CDQ allowance in the 
BSAI will be divided into two seasonal allowances corresponding to the 
two fishing seasons set out at Sec. 679.23(e)(2), as follows: A

[[Page 629]]

season, 40 percent; and 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 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).
    (ii) Bogoslof District. If the Bogoslof District is open to directed 
fishing for pollock by regulation, then the pollock TAC for this 
district will be allocated according to the same procedure established 
for the Bering Sea subarea at paragraph (a)(5)(i) of this section. If 
the Bogoslof District is closed to directed fishing for pollock by 
regulation, then the entire TAC for this district will be allocated as 
an incidental catch allowance.
    (iii) AI. (A) If a directed fishery for pollock in the AI is not 
specified under paragraph (c) of this section, then the entire TAC for 
this subarea will be allocated as an incidental catch allowance.
    (B) If the AI is open to directed fishing for pollock under 
paragraph (c) of this section, then the pollock TAC for this subarea 
will be specified, allocated, seasonally apportioned, and reallocated as 
follows:
    (1) AI annual TAC limitations. When the AI pollock ABC is less than 
19,000 mt, the annual TAC will be no greater than the ABC. When the AI 
pollock ABC equals or exceeds 19,000 mt, the annual TAC will be equal to 
19,000 mt.
    (2) Allocations--(i) CDQ Directed fishing allowance. 10 percent of 
the annual TAC will be allocated to the CDQ pollock reserve established 
under Sec. 679.31(a)(2).
    (ii) Incidental catch allowance. The Regional Administrator will 
determine the amount of the pollock incidental catch necessary to 
support an incidental catch allowance in the AI during the fishing year 
for each season. This amount of pollock will be deducted from the annual 
TAC. If during a fishing year, the Regional Administrator determines 
that the incidental catch allowance is excessive or inadequate, the 
Regional Administrator may reallocate the excess of the incidental catch 
allowance to the directed pollock fishery, or may reallocate pollock 
from the directed pollock fishery to the incidental catch allowance as 
necessary to support incidental catch of pollock in AI groundfish 
fisheries, by publication in the Federal Register.
    (iii) Directed Pollock Fishery. The amount of the TAC remaining 
after subtraction of the CDQ directed fishing allowance and the 
incidental catch allowance will be allocated to the Aleut Corporation as 
a directed pollock fishery allocation.
    (3) Seasonal apportionment. The seasonal harvest of pollock in the 
AI directed pollock fishery shall be:
    (i) A season. No greater than the lesser of the annual initial TAC 
plus any A season CDQ pollock directed fishery allowance or 40 percent 
of the AI pollock ABC. The total A season apportionment, including the 
AI directed pollock fishery allocation, the CDQ pollock directed fishery 
seasonal allowance, and the incidental catch amount, shall not exceed 40 
percent of the ABC.
    (ii) B season. The B season apportionment of the AI directed pollock 
fishery shall equal the annual initial TAC minus the A season directed 
pollock fishery apportionment under paragraph (a)(5)(iii)(B)(3)(i) of 
this section and minus the incidental catch amount under paragraph 
(a)(5)(iii)(B)(2)(ii) of this section.
    (iii) Inseason adjustments for the directed pollock fishery. During 
any fishing year, the Regional Administrator may add any under harvest 
of the A season directed pollock fishery apportionment to the B season 
directed pollock fishery apportionment by inseason notification 
published in the Federal Register if the Regional Administrator 
determines that the harvest capacity in the B season is sufficient to 
harvest the adjusted B season apportionment.
    (iv) Inseason adjustments for the incidental catch allowance. During 
any fishing year, the Regional Administrator

[[Page 630]]

may add any under harvest of the A season incidental catch allowance 
apportionment to the B season incidental catch allowance apportionment 
by publication in the Federal Register if the Regional Administrator 
determines that the additional B season incidental catch allowance is 
necessary to support other groundfish fisheries.
    (4) Reallocation of the annual AI directed pollock fishery and AI 
CDQ allocations. As soon as practicable, if the Regional Administrator 
determines that vessels participating in either the AI directed pollock 
fishery or the AI CDQ directed pollock fishery likely will not harvest 
the entire AI directed pollock fishery or CDQ pollock directed fishing 
allowance, the Regional Administrator may reallocate some or all of the 
projected unused directed pollock fishery allocation to the Bering Sea 
subarea directed pollock fishery or AI CDQ pollock directed fishing 
allowance to the Bering Sea subarea CDQ pollock directed fishing 
allowance by inseason notification published in the Federal Register.
    (5) Allocations to small vessels. The annual allocation for vessels 
60 feet (18.3 m) LOA or less participating in the AI directed pollock 
fishery will be:
    (i) No more than 25 percent of the AI directed pollock fishery 
allocation through 2008;
    (ii) No more than 50 percent of the AI directed pollock fishery 
allocation from 2009 through 2012; and
    (iii) 50 percent of the AI directed pollock fishery allocation in 
2013 and beyond.
    (iv) 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)(iv)(A) of this section will be divided into four seasonal 
apportionments corresponding to the four fishing seasons specified in 
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, underharvest or overharvest 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 20 percent of the 
seasonal TAC apportionment for the statistical area. The reapportionment 
of underharvest will be applied to the subsequent season within the same 
statistical area up to the 20 percent limit specified in this paragraph. 
Any underharvest remaining beyond the 20 percent limit may be further 
apportioned to the subsequent season in the other statistical areas, in 
proportion to estimated biomass and in an amount no more than 20 percent 
of the seasonal TAC apportionment for the statistical area.
    (6) GOA inshore/offshore allocations--(i) GOA pollock. The 
apportionment of pollock in all GOA regulatory areas for each seasonal 
allowance described in paragraph (a)(5)(iv) 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) CDQ reserve and seasonal allowances. 
(A) A total of 10.7 percent of the annual Pacific cod TAC will be 
allocated to the CDQ Program in the annual harvest specifications 
required under paragraph (c) of this section. The Pacific cod CDQ 
allocation will be deducted from the annual Pacific cod TAC before 
allocations to the non-CDQ sectors are made under paragraph (a)(7)(ii) 
of this section.
    (B) The BSAI Pacific cod CDQ gear allowances by season, as those 
seasons

[[Page 631]]

are specified under Sec. 679.23(e)(5), are as follows:

------------------------------------------------------------------------
          Gear Type               A season      B season      C season
------------------------------------------------------------------------
(1) Trawl                      60%            20%           20%
------------------------------------------------------------------------
  (i) Trawl CV                 70%            10%           20%
------------------------------------------------------------------------
  (ii) Trawl CP                50%            30%           20%
------------------------------------------------------------------------
(2) Hook-and-line CP and hook- 60%            40%           no C season
 and-line CV [gteqt]60 ft
 (18.3 m) LOA
------------------------------------------------------------------------
(3) Jig                        40%            20%           40%
------------------------------------------------------------------------
(4) All other non-trawl gear   no seasonal    no seasonal   no seasonal
                                allowance      allowance     allowance
------------------------------------------------------------------------

    (ii) Non-CDQ allocations--(A) Sector allocations. The remainder of 
the BSAI Pacific cod TAC after subtraction of the CDQ reserve for 
Pacific cod will be allocated to non-CDQ sectors as follows:

------------------------------------------------------------------------
                   Sector                            % Allocation
------------------------------------------------------------------------
(1) Jig vessels                              1.4
------------------------------------------------------------------------
(2) Hook-and-line/pot CV <60 ft (18.3 m)     2
 LOA
------------------------------------------------------------------------
(3) Hook-and-line CV [gteqt]60 ft (18.3 m)   0.2
 LOA
------------------------------------------------------------------------
(4) Hook-and-line CP                         48.7
------------------------------------------------------------------------
(5) Pot CV [gteqt]60 ft (18.3 m) LOA         8.4
------------------------------------------------------------------------
(6) Pot CP                                   1.5
------------------------------------------------------------------------
(7) AFA trawl CP                             2.3
------------------------------------------------------------------------
(8) Amendment 80 sector                      13.4
------------------------------------------------------------------------
(9) Trawl CV                                 22.1
------------------------------------------------------------------------

    (B) Incidental catch allowance. During the annual harvest 
specifications process set forth at paragraph (c) of this section, the 
Regional Administrator will specify an amount of Pacific cod that NMFS 
estimates will be taken as incidental catch in directed fisheries for 
groundfish other than Pacific cod by the hook-and-line and pot gear 
sectors. This amount will be the incidental catch allowance and will be 
deducted from the aggregate portion of Pacific cod TAC annually 
allocated to the hook-and-line and pot gear sectors before the 
allocations under paragraph (a)(7)(ii)(A) of this section are made to 
these sectors.
    (iii) Reallocation among non-CDQ sectors. If, during a fishing year, 
the Regional Administrator determines that a non-CDQ sector will be 
unable to harvest the entire amount of Pacific cod allocated to that 
sector under paragraph (a)(7)(ii)(A) of this section, the Regional 
Administrator will reallocate the projected unused amount of Pacific cod 
to other sectors through notification in the Federal Register. Any 
reallocation decision by the Regional Administrator will take into 
account the capability of a sector to harvest the reallocated amount of 
Pacific cod, and the following reallocation hierarchy:
    (A) Catcher vessel sectors. The Regional Administrator will 
reallocate projected unharvested amounts of Pacific cod TAC from a 
catcher vessel sector as follows: first to the jig sector, or to the 
less than 60 ft (18.3 m) LOA hook-and-line or pot catcher vessel sector, 
or to both of these sectors; second, to the greater than or equal to 60 
ft (18.3 m) LOA hook-and-line or to the greater than or equal to 60 ft 
(18.3 m) LOA pot catcher vessel sectors; and third to the trawl catcher 
vessel sector. If the Regional Administrator determines that a projected 
unharvested amount from the jig sector allocation, the less than 60 ft 
(18.3 m) LOA hook-and-line or pot catcher vessel sector allocation, or 
the greater than or equal to 60 ft (18.3 m) LOA hook-and-line catcher 
vessel sector allocation is unlikely to be harvested through this 
hierarchy, the Regional Administrator will reallocate that amount to the 
hook-and-line catcher/processor sector. If the Regional Administrator 
determines that a projected unharvested amount from a greater than or 
equal to 60 ft (18.3 m) LOA pot catcher vessel

[[Page 632]]

sector allocation is unlikely to be harvested through this hierarchy, 
the Regional Administrator will reallocate that amount to the pot 
catcher/processor sector in accordance with the hierarchy set forth in 
paragraph (a)(7)(iii)(C) of this section. If the Regional Administrator 
determines that a projected unharvested amount from a trawl catcher 
vessel sector allocation is unlikely to be harvested through this 
hierarchy, the Regional Administrator will reallocate that amount to the 
other trawl sectors in accordance with the hierarchy set forth in 
paragraph (a)(7)(iii)(B) of this section.
    (B) Trawl gear sectors. The Regional Administrator will reallocate 
any projected unharvested amounts of Pacific cod TAC from the trawl 
catcher vessel or AFA catcher/processor sectors to other trawl sectors 
before unharvested amounts are reallocated and apportioned to specified 
gear sectors as follows:
    (1) 83.1 percent to the hook-and-line catcher/processor sector,
    (2) 2.6 percent to the pot catcher/processor sector, and
    (3) 14.3 percent to the greater than or equal to 60 ft (18.3 m) LOA 
pot catcher vessel sector.
    (C) Pot gear sectors. The Regional Administrator will reallocate any 
projected unharvested amounts of Pacific cod TAC from the pot catcher/
processor sector to the greater than or equal to 60 ft (18.3 m) LOA pot 
catcher vessel sector, and from the greater than or equal to 60 ft (18.3 
m) LOA pot catcher vessel sector to the pot catcher/processor sector 
before reallocating it to the hook-and-line catcher/processor sector.
    (iv) Non-CDQ seasonal allowances--(A) Seasonal allowances by sector. 
The BSAI Pacific cod sector allowances are apportioned by season, as 
those seasons are specified at Sec. 679.23(e)(5), as follows:

----------------------------------------------------------------------------------------------------------------
                                                                  Seasonal Allowances
                Sector                --------------------------------------------------------------------------
                                               A season                 B season                 C season
----------------------------------------------------------------------------------------------------------------
(1) Trawl                              .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
  (i) Trawl CV                         74 %                     11 %                     15 %
----------------------------------------------------------------------------------------------------------------
  (ii) Trawl CP                        75 %                     25 %                     0 %
----------------------------------------------------------------------------------------------------------------
(2) Hook-and-line CP, hook-and-line    51 %                     49 %                     no C season
 CV [gteqt]60 ft (18.3 m) LOA, and
 pot gear vessels [gteqt]60 ft (18.3
 m) LOA
----------------------------------------------------------------------------------------------------------------
(3) Jig vessels                        60 %                     20 %                     20 %
----------------------------------------------------------------------------------------------------------------
(4) All other nontrawl vessels         no seasonal allowance    no seasonal allowance    no seasonal allowance
----------------------------------------------------------------------------------------------------------------

    (B) Unused seasonal allowances. Any unused portion of a seasonal 
allowance of Pacific cod from any sector except the jig sector will be 
reallocated to that sector's next season during the current fishing year 
unless the Regional Administrator makes a determination under paragraph 
(a)(7)(iii) of this section that the sector will be unable to harvest 
its allocation.
    (C) Jig sector. The Regional Administrator will reallocate any 
projected unused portion of a seasonal allowance of Pacific cod for the 
jig sector under this section to the less than 60 ft (18.3 m) LOA hook-
and-line or pot catcher vessel sector. The Regional Administrator will 
reallocate the projected unused portion of the jig sector's C season 
allowance on or about September 1 of each year.
    (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

[[Page 633]]

    (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) ITAC allocation to Amendment 80 and BSAI trawl limited access 
sectors. The remainder of the Atka mackerel TAC, after subtraction of 
the jig gear allocation, CDQ reserve, and incidental catch allowance for 
the BSAI trawl limited access sector and vessels using non-trawl gear, 
will be allocated as ITAC to the Amendment 80 and BSAI trawl limited 
access sectors.
    (A) Seasonal Allowances. The Atka mackerel TAC specified for each 
subarea or district 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) For the HLA, 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:
    (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

[[Page 634]]

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 Atka 
mackerel, during the opening of the first HLA directed fishery assigned 
to the vessel in a season, as specified in Sec. 679.7(a)(19).
    (iv) Amendment 80 sector allocation. The allocation of Atka mackerel 
ITAC to the Amendment 80 sector is established in Table 33 to this part. 
The allocation of Atka mackerel ITAC to the Amendment 80 sector will be 
further divided into seasonal apportionments under Sec. 679.23(e)(3), 
and separate allocations for each Amendment 80 cooperative and the 
Amendment 80 limited access fishery as described under Sec. 679.91.
    (A) Use of seasonal apportionments by Amendment 80 cooperatives. (1) 
The amount of Atka mackerel listed on a CQ permit that is assigned for 
use in the A season may be used in the B season.
    (2) The amount of Atka mackerel listed on a CQ permit that is 
assigned for use in the B season may not be used in the A season.
    (B) Harvest of seasonal apportionments in the Amendment 80 limited 
access fishery. (1) Atka mackerel ITAC assigned for harvest by the 
Amendment 80 limited access fishery in the A season may be harvested in 
the B season.
    (2) Atka mackerel ITAC assigned for harvest by the Amendment 80 
limited access fishery in the B season may not be harvested in the A 
season.
    (v) BSAI trawl limited access sector allocation--(A) BSAI trawl 
limited access sector directed fishing allowance. The amount of Atka 
mackerel ITAC assigned as a directed fishing allowance to the BSAI trawl 
limited access sector is established in Table 33 to this part.
    (B) BSAI trawl limited access sector incidental catch allowance and 
ITAC rollover. If, during a fishing year, the Regional Administrator 
determines that a portion of the Atka mackerel incidental catch 
allowance or ITAC assigned to the BSAI trawl limited access sector is 
unlikely to be harvested, the Regional Administrator may issue inseason 
notification in the Federal Register that reallocates that remaining 
amount of Atka mackerel directed fishing allowance to Amendment 80 
cooperatives, according to the procedures established under Sec. 
679.91(f).
    (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) Amendment 80 species except Pacific cod and Atka mackerel--(i) 
ITAC allocation to the Amendment 80 and BSAI trawl limited access 
sectors. The remainder of the TACs for each Amendment 80 species other 
than Atka mackerel and Pacific cod, after subtraction of the CDQ reserve 
and incidental catch allowance for the BSAI trawl limited access sector 
and vessels using non-trawl gear, will be allocated as ITAC to the 
Amendment 80 and BSAI trawl limited access sectors.
    (ii) Amendment 80 sector ITAC. The allocation of ITAC for each 
Amendment 80 species other than Atka mackerel and Pacific cod to the 
Amendment 80 sector is established in Tables 33 and 34 to this part. The 
allocation of these species to the Amendment 80 sector

[[Page 635]]

will be further divided into separate allocations for each Amendment 80 
cooperative and the Amendment 80 limited access fishery as described 
under Sec. 679.91.
    (iii) BSAI trawl limited access sector allocation--(A) BSAI trawl 
limited access sector directed fishing allowance. The amount of ITAC for 
each Amendment 80 species other than Atka mackerel and Pacific cod 
assigned as a directed fishing allowance to the BSAI trawl limited 
access sector is established in Tables 33 and 34 to this part.
    (B) BSAI trawl limited access sector ITAC rollover. If, during a 
fishing year, the Regional Administrator determines that a portion of 
the incidental catch allowance or ITAC assigned to the BSAI trawl 
limited access sector for each Amendment 80 species other than Atka 
mackerel and Pacific cod is unlikely to be harvested, the Regional 
Administrator may issue inseason notification in the Federal Register 
that reallocates that remaining amount to Amendment 80 cooperatives, 
according to the procedures established under Sec. 679.91(f).
    (11) 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.
    (12) 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) Nonspecified reserve. Fifteen percent of the BSAI TAC for each 
target species and the ``other species'' category, except pollock, the 
hook-and-line and pot gear allocation for sablefish, and the Amendment 
80 species, which includes Pacific cod, is automatically placed in the 
nonspecified reserve before allocation to any sector. The remaining 85 
percent of each TAC is apportioned to the initial TAC for each target 
species that contributed to the nonspecified reserve and the ``other 
species'' category. The nonspecified reserve is not designated by 
species or species group. Any amount of the nonspecified reserve may be 
apportioned to target species that contributed to the nonspecified 
reserve 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.
    (ii) CDQ reserves--(A) Pollock CDQ reserves--(1) Bering Sea. In the 
annual harvest specifications required by paragraph (c) of this section, 
10 percent of the Bering Sea subarea pollock TAC will be allocated to a 
CDQ reserve as a directed fishing allowance.
    (2) Aleutian Islands subarea and Bogoslof District. In the annual 
harvest specifications required by paragraph (c) of this section, 10 
percent of the Aleutian Islands subarea and Bogoslof District pollock 
TACs will be allocated to a CDQ reserve as a directed fishing allowance 
unless the Aleutian Islands subarea 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 paragraph (a)(5)(i)(A)(1) of this section.
    (B) Fixed gear sablefish CDQ reserves. Twenty percent of the hook-
and-line or pot gear allocation of sablefish established under 
paragraphs (a)(4)(iii)(A) and (a)(4)(iv)(A) of this section will be 
allocated to a CDQ reserve for each subarea.
    (C) CDQ reserves for Amendment 80 species. An amount equal to 10.7 
percent of the BSAI TACs for Atka mackerel,

[[Page 636]]

Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, 
flathead sole, and Pacific cod will be allocated to a CDQ reserve for 
each of these species by management area, subarea, or district.
    (D) CDQ reserves for other groundfish species. An amount equal to 
10.7 percent of the BSAI TACs for Bering Sea Greenland turbot and 
arrowtooth flounder, and 7.5 percent of the trawl gear allocation of 
sablefish in the BS and AI is apportioned from the nonspecified reserve 
established under paragraph (b)(1)(i) of this section to a CDQ reserve 
for each of these species by management area, subarea, or district.
    (E) If the groundfish harvest specifications required by paragraph 
(c) of this section change a TAC category allocated to a CDQ reserve 
under paragraphs (b)(1)(ii)(A) through (D) of this section by combining 
or splitting a species, species group, or management area, then the same 
percentage of the TAC apportioned to a CDQ reserve in paragraphs 
(b)(1)(ii)(A) through (D) of this section will apply to the new TAC 
categories.
    (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 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

[[Page 637]]

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) 
Notification. As soon as practicable after consultation with the 
Council, NMFS will publish proposed specifications for the groundfish 
fisheries in the BSAI and the GOA.
    (ii) Public comment. NMFS will accept public comment on the proposed 
specifications established by this section and by Sec. 679.21 for a 
period specified in the notice of proposed specifications published in 
the Federal Register.
    (iii) GOA. The proposed specifications will specify for up to two 
fishing years 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 and Pacific 
cod.
    (iv) BSAI. The proposed specifications will specify for up to two 
fishing years 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 pollock, 
Pacific cod, and Atka mackerel TAC (including pollock, Pacific cod, and 
Atka mackerel CDQ), and CDQ reserve amounts.
    (2) [Reserved]
    (3) Final specifications--(i) Procedure and notification. NMFS will 
consider comments received on the proposed specifications and, after 
consultation with the Council, will publish a notice of final 
specifications in the Federal Register unless NMFS determines that the 
final specifications would not be a logical outgrowth of the notice of 
proposed specifications. In that event, NMFS will either:
    (A) Publish a revised notice of proposed specifications in the 
Federal Register for public comment, and after considering comments 
received on the revised proposed specifications, publish a notice of 
final specifications in the Federal Register; or
    (B) Publish a notice of final specifications in the Federal Register 
without an additional opportunity for public comment based on a finding 
that good cause pursuant to the Administrative Procedure Act justifies 
waiver of the requirement for a revised notice of proposed 
specifications and opportunity for public comment thereon.
    (ii) GOA. The final specifications will specify for up to two 
fishing years 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 and Pacific 
cod.
    (iii) BSAI. The final specifications will specify for up to two 
fishing years 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 pollock, 
Pacific cod, and Atka mackerel TAC (including pollock, Pacific cod, and 
Atka mackerel 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 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 and final 
specifications will specify the allocation of BSAI

[[Page 638]]

Atka mackerel among gear types and HLA fisheries 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 incidental species. Except as described in Sec. 
679.20(e)(3)(iii), if directed fishing for a target species, species 
group, or the ``other species'' category is prohibited, a vessel may not 
retain that incidental species in an amount that exceeds the maximum 
retainable 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.
    (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.
    (v) Amendment 80 GOA sideboard limits--GOA groundfish. (A) If the 
Regional Administrator determines that a GOA sideboard limit for a GOA 
groundfish species as described under Table 37 to this part is 
sufficient to support a directed fishing allowance for that species, the 
Regional Administrator may establish a directed fishing allowance for 
the species applicable only to Amendment 80 vessels subject to the GOA 
groundfish sideboard limit.
    (B) If the Regional Administrator determines that a GOA groundfish 
sideboard limit as described under Table 37 to this part is insufficient 
to support a directed fishing allowance by Amendment 80 vessels for that 
species, then the Regional Administrator may set the directed fishing 
allowance to zero for that species for Amendment 80 vessels.
    (C) Upon determining that a GOA sideboard limit as described under 
Table 37 to this part for a species is or will be reached, the Regional 
Administrator will publish notification in the Federal Register 
prohibiting directed fishing for that species by the Amendment 80 
vessels to which the GOA sideboard limit applies.
    (vi) Amendment 80 GOA sideboard limits--halibut PSC. (A) If the 
Regional Administrator determines that a GOA sideboard limit for halibut 
PSC is sufficient to support a directed fishery for a species or species 
group, management area, and season specified in Table 38

[[Page 639]]

to this part, then the Regional Administrator may establish a halibut 
PSC sideboard limit for that species or species group, management area, 
and season applicable to the Amendment 80 vessels to which the halibut 
PSC limit applies.
    (B) If the Regional Administrator determines that a halibut PSC 
sideboard limit is insufficient to support a directed fishery for a 
species or species group, management area, and season as specified in 
Table 38 to this part then the Regional Administrator may set the 
halibut PSC sideboard limit for that species or species group to zero 
for the Amendment 80 vessels to which the halibut PSC limit applies.
    (C) Upon determining that a halibut PSC sideboard limit for a 
species or species group, management area, and season as specified in 
Table 38 to this part is or will be reached, the Regional Administrator 
will publish notification in the Federal Register prohibiting directed 
fishing for a specific species or species group by the Amendment 80 
vessels to which the halibut PSC limit applies as follows:
    (1) If the halibut PSC sideboard limit is reached for the deep-water 
species fishery as defined in Sec. 679.21(d)(3)(iii)(B) for a season, 
then NMFS will close directed fishing in the GOA for all species in the 
deep-water species fishery except northern rockfish, Pacific ocean 
perch, and pelagic shelf rockfish in the Central GOA for that season.
    (2) If the halibut PSC sideboard limit is reached for the shallow-
water species fishery as defined in Sec. 679.21(d)(3)(iii)(A) for a 
season, then NMFS will close directed fishing in the GOA for all species 
in the shallow-water species fishery for that season.
    (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

[[Page 640]]

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 (MRA)--(1) Proportion of basis 
species. The maximum retainable amount of an incidental catch species is 
calculated as a proportion of the basis species retained on board the 
vessel using:
    (i) The retainable percentages in Table 10 to this part for the GOA 
species categories (except the Rockfish Program fisheries, which are 
described in Table 30 to this part for the Rockfish Program fisheries); 
and
    (ii) 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 this part for the GOA 
species categories (except the Rockfish Program fisheries, which are 
described in Table 30 to this part for the Rockfish Program fisheries), 
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.
    (3) Application. (i) For catcher vessels, the maximum retainable 
amount for vessels fishing during a fishing trip in areas closed to 
directed fishing is the lowest maximum retainable amount applicable in 
any area, and this maximum retainable amount must be applied at any time 
and to all areas for the duration of the fishing trip.
    (ii) For catcher/processors fishing in an area closed to directed 
fishing for a species or species group, the maximum retainable amount 
for that species or species group applies at any time for the duration 
of the fishing trip.
    (iii) For all vessels not listed in subpart F of this section, the 
maximum retainable amount for pollock harvested in the BSAI is 
calculated at the end of each offload and is based on the basis species 
harvested since the previous offload. For purposes of this paragraph, 
offload means the removal of any fish or fish product from the vessel 
that harvested the fish or fish product to any other vessel or to shore.
    (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. Any groundfish species for which directed 
fishing is closed may not be used to calculate retainable amounts of 
other groundfish species. Only fish harvested under the CDQ Program may 
be used to calculate retainable amounts of other CDQ species. Only 
primary rockfish species harvested under the Rockfish Program may be 
used to calculate retainable amounts of other species, as provided in 
Table 30 to this part.
    (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

[[Page 641]]

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 eLandings required under Sec. 
679.5(e)(9)(i)(D) and Sec. 679.5(e)(10)(iii)(H) (see also Table 1c to 
this part).
    (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 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 Table 2c to this part.

[[Page 642]]

    (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.
    (j) Full retention of Demersal Shelf Rockfish (DSR) in the Southeast 
Outside District of the GOA (SEO)--(1) Retention and landing 
requirements. The operator of a catcher vessel that is required to have 
a Federal fisheries permit, or that harvests IFQ halibut with hook and 
line or jig gear, must retain and land all DSR that is caught while 
fishing for groundfish or IFQ halibut in the SEO.
    (2) Disposal of DSR when closed to directed fishing. When DSR is 
closed to directed fishing in the SEO, the operator of a catcher vessel 
that is required to have a Federal fisheries permit under Sec. 679.4 
(b), or the manager of a shoreside processor that is required to have a 
Federal processor permit under Sec. 679.4(f), must dispose of DSR 
retained and landed in accordance with paragraph (j)(1) of this section 
as follows:
    (i) A person may sell, barter, or trade a round weight equivalent 
amount of DSR that is less than or equal to 10 percent of the aggregate 
round weight equivalent of IFQ halibut and groundfish species, other 
than sablefish, that are landed during the same fishing trip.
    (ii) A person may sell, barter, or trade a round weight equivalent 
amount of DSR that is less than or equal to 1 percent of the aggregate 
round weight equivalent of IFQ sablefish that are landed during the same 
fishing trip.
    (iii) Amounts of DSR retained by catcher vessels under paragraph 
(j)(1) of this section that are in excess of the limits specified in 
paragraphs (j)(2)(i) and (ii) may be put to any use, including but not 
limited to personal consumption or donation, but must not enter commerce 
through 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.



Sec. 679.21  Prohibited species bycatch management.

    (a) [Reserved]
    (b) General. (1) See Sec. 679.2 and Table 2b to this part 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 for salmon prohibited species catch in the BS pollock fisheries 
under paragraph (c) of this section and Sec. 679.26, return all 
prohibited species, or parts thereof, to the sea immediately, with a 
minimum of injury, regardless of its condition.
    (3) Rebuttable presumption. Except as provided under paragraph (c) 
of this section and Sec. 679.26, 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).)
    (6) Addresses. Unless otherwise specified, submit information 
required under this section to NMFS as follows: by mail to the Regional 
Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802; by courier to the 
Office of the Regional Administrator, 709 West 9th St., Juneau, AK 
99801; or by fax to 907-

[[Page 643]]

586-7465. Forms are available on the NMFS Alaska Region Web site (http:/
/alaskafisheries.noaa.gov/).
    (c) Salmon taken in the BS pollock fisheries. Regulations in this 
paragraph apply to vessels directed fishing for pollock in the BS, 
including pollock CDQ, and processors taking deliveries from these 
vessels.
    (1) Salmon discard. The operator of a vessel and the manager of a 
shoreside processor or SFP 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 pollock in the BS, until 
the number of salmon has been determined by the observer and the 
observer's collection of any scientific data or biological samples from 
the salmon has been completed.
    (2) Salmon retention and storage-- (i) Operators of catcher/
processors or motherships must:
    (A) Sort and transport all salmon bycatch from each haul to an 
approved storage location adjacent to the observer sampling station that 
allows an observer free and unobstructed access to the salmon (see Sec. 
679.28(d)(2)(i) and (d)(7)). The salmon storage location must remain in 
view of the observer from the observer sampling station at all times 
during the sorting of the haul.
    (B) If, at any point during sorting of the haul or delivery for 
salmon, the salmon are too numerous to be contained in the salmon 
storage location, all sorting must cease and the observer must be given 
the opportunity to count the salmon in the storage location and collect 
scientific data or biological samples. Once the observer has completed 
all counting and sampling duties for the counted salmon, the salmon must 
be removed by vessel personnel from the approved storage location, in 
the presence of the observer.
    (C) Before sorting of the next haul may begin, the observer must be 
given the opportunity to complete the count of salmon and the collection 
of scientific data or biological samples from the previous haul.
    (D) Ensure no salmon of any species pass the observer sample 
collection point, as identified in the scale drawing of the observer 
sample station.
    (ii) Operators of vessels delivering to shoreside processors or 
stationary floating processors must:
    (A) Store in a refrigerated saltwater tank all salmon taken as 
bycatch in trawl operations.
    (B) Deliver all salmon to the processor receiving the vessel's BS 
pollock catch.
    (iii) Shoreside processors or stationary floating processors must:
    (A) Comply with the requirements in Sec. 679.28(g)(7)(vii) for the 
receipt, sorting, and storage of salmon from deliveries of catch from 
the BS pollock fishery.
    (B) Ensure no salmon of any species pass beyond the last point where 
sorting of fish occurs, as identified in the scale drawing of the plant 
in the CMCP.
    (C) Sort and transport all salmon of any species to the salmon 
storage container identified in the CMCP (see Sec. 679.28(g)(7)(vi)(C) 
and (x)(F)). The salmon must remain in that salmon storage container and 
within the view of the observer at all times during the offload.
    (D) If, at any point during the offload, salmon are too numerous to 
be contained in the salmon storage container, the offload and all 
sorting must cease and the observer must be given the opportunity to 
count the salmon and collect scientific data or biological samples. The 
counted salmon then must be removed from the area by plant personnel in 
the presence of the observer.
    (E) At the completion of the offload, the observer must be given the 
opportunity to count the salmon and collect scientific data or 
biological samples.
    (F) Before sorting of the next offload of catch from the BS pollock 
fishery may begin, the observer must be given the opportunity to 
complete the count of salmon and the collection of scientific data or 
biological samples from the previous offload of catch from the BS 
pollock fishery.
    (3) Assignment of crew to assist observer. Operators of vessels and 
managers of shoreside processors and SFPs 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

[[Page 644]]

shoreside processor or SFP, a crew person or employee responsible for 
ensuring all sorting, retention, and storage of salmon occurs according 
to the requirements of (c)(2) of this section.
    (4) Discard of salmon. Except for salmon under the PSD Program at 
Sec. 679.26, all salmon must be returned to the sea as soon as is 
practicable, following notification by an observer that the number of 
salmon has been determined and the collection of scientific data or 
biological samples has been completed.
    (d) GOA halibut PSC limits. This section is applicable for vessels 
engaged in directed fishing for groundfish in the GOA.
    (1) Notification--(i) Proposed and final limits and apportionments. 
NMFS will publish 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 specified 
in the notice of proposed halibut PSC limits published in the Federal 
Register. NMFS will consider comments received on proposed halibut PSC 
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

[[Page 645]]

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 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. (A) 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; and
    (B) Unused halibut PSC that had been allocated as CQ that has not 
been used by a rockfish cooperative will be added to the last seasonal 
apportionment for trawl gear during the current fishing year:
    (1) After November 15; or
    (2) After the effective date of a declaration to terminate fishing.
    (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,

[[Page 646]]

specified for that fishery category under paragraph (d)(1) of this 
section, NMFS will publish notification in the Federal Register closing 
the entire GOA or the applicable regulatory area or district to directed 
fishing with hook-and-line gear for each species and/or species group 
that comprises that fishing category.
    (iii) Pot gear fisheries. If, during the fishing year, the Regional 
Administrator determines that the catch of halibut by operators of 
vessels using pot gear to participate in a directed fishery for 
groundfish will reach the halibut PSC limit, or seasonal apportionment 
thereof, NMFS will publish notification in the Federal Register 
prohibiting directed fishing for groundfish by vessels using pot gear 
for the remainder of the season to which the halibut PSC limit or 
seasonal apportionment applies.
    (iv) Nonpelagic trawl gear fisheries--(A) Continued fishing under 
specified conditions. When the vessels to which a halibut PSC limit 
applies have caught an amount of halibut equal to that PSC, the Regional 
Administrator may, by notification in the Federal Register, allow some 
or all of those vessels to continue to fish for groundfish using 
nonpelagic trawl gear under specified conditions, subject to the other 
provisions of this part.
    (B) Factors to be considered. In authorizing and conditioning such 
continued fishing with bottom-trawl gear, the Regional Administrator 
will take into account the following considerations, and issue relevant 
findings:
    (1) The risk of biological harm to halibut stocks and of socio-
economic harm to authorized halibut users posed 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) 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 for up to two fishing years 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)(i)(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
------------------------------------------------------------------------

    (ii) 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 for up to two 
fishing years by NMFS under paragraph (e)(6) of this section, based on 
total abundance of C. bairdi

[[Page 647]]

crabs as indicated by the NMFS annual bottom trawl survey, using the 
criteria set out under paragraphs (e)(1)(ii)(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
(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
------------------------------------------------------------------------

    (iii) 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.
    (iv) Halibut. The PSC limit of halibut caught while conducting any 
trawl fishery for groundfish in the BSAI during any fishing year is an 
amount of halibut equivalent to 3,675 mt of halibut mortality.
    (v) Pacific herring. The PSC limit of Pacific herring caught while 
conducting any domestic trawl fishery for groundfish in the BSAI is 1 
percent of the annual eastern Bering Sea herring biomass. The PSC limit 
will be apportioned into annual herring PSC allowances, by target 
fishery, and will be published along with the annual herring PSC limit 
in the Federal Register with the proposed and final groundfish 
specifications defined in Sec. 679.20.
    (vi) BS Chinook salmon. See paragraph (f) of this section.
    (vii) Non-chinook salmon. The PSC limit of non-chinook salmon caught 
by vessels using trawl gear during August 15 through October 14 in the 
CVOA is 42,000 fish.
    (viii) AI Chinook salmon. The trawl closures identified in paragraph 
(e)(7)(viii) of this section will take effect when the Regional 
Administrator determines that the AI PSC limit of 700 Chinook salmon 
caught while harvesting pollock in the AI between January 1 and December 
31 is attained.
    (2) Nontrawl gear, halibut. The PSC limit of halibut caught while 
conducting any nontrawl fishery for groundfish in the BSAI during any 
fishing year is the amount of halibut equivalent to 900 mt of halibut 
mortality.
    (3) PSC apportionment to trawl fisheries--(i) General--(A) PSQ 
reserve. The following allocations of the trawl gear PSC limits are made 
to the CDQ Program as PSQ reserves. The PSQ reserves are not apportioned 
by gear or fishery.
    (1) Crab PSQ. 10.7 percent of each PSC limit set forth in paragraphs 
(e)(1)(i) through (iii) of this section.
    (2) Halibut PSQ. (i) 276 mt of the total PSC limit set forth in 
paragraph (e)(1)(iv) of this section in each year for 2008 and 2009.
    (ii) 326 mt of the total PSC limit set forth in paragraph (e)(1)(iv) 
of this section effective in 2010 and each year thereafter.
    (3) Salmon PSQ--(i) Chinook salmon. For BS Chinook salmon, see 
paragraph (f) of this section. For AI Chinook salmon, 7.5 percent of the 
PSC limit set forth in paragraph (e)(1)(viii) of this section.

[[Page 648]]

    (ii) Non-Chinook salmon. 10.7 percent of the PSC limit set forth in 
paragraph (e)(1)(vii) of this section.
    (B) Fishery categories. NMFS, after consultation with the Council 
and after subtraction of PSQ reserves and PSC CQ assigned to Amendment 
80 cooperatives, will apportion each PSC limit set forth in paragraphs 
(e)(1)(i) through (vii) of this section into bycatch allowances for 
fishery categories defined in paragraph (e)(3)(iv) of this section, 
based on each category's proportional share of the anticipated 
incidental catch during a fishing year of prohibited species for which a 
PSC limit is specified and the need to optimize the amount of total 
groundfish harvested under established PSC limits.
    (ii) Red king crab, C. bairdi, C. opilio, and halibut--(A) General. 
For vessels engaged in directed fishing for groundfish in the BSAI, 
other than vessels fishing under a CQ permit assigned to an Amendment 80 
cooperative, the PSC limits for red king crab, C. bairdi, C. opilio, and 
halibut will be apportioned to the trawl fishery categories defined in 
paragraphs (e)(3)(iv)(B) through (F) of this section.
    (B) Red King Crab Savings Subarea (RKCSS). (1) The RKCSS is the 
portion of the RKCSA between 56[deg]00[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 paragraph (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)(i) 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 25 percent of the red king crab PSC allowance 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, other than PSC CQ assigned to an Amendment 
80 cooperative, 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

[[Page 649]]

gear during any weekly reporting period that results in a retained 
aggregate amount of Greenland turbot, arrowtooth flounder, and sablefish 
that is greater than the retained amount of any other fishery category 
defined under this paragraph (e)(3)(iv).
    (D) Rockfish fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of rockfish 
species that is greater than the retained amount of any other fishery 
category defined under this paragraph (e)(3)(iv).
    (E) Pacific cod fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of Pacific 
cod that is greater than the retained amount of any other groundfish 
fishery category defined under this paragraph (e)(3)(iv).
    (F) Pollock/Atka mackerel/``other species.'' Fishing with trawl gear 
during any weekly reporting period that results in a retained aggregate 
amount of pollock other than pollock harvested in the midwater pollock 
fishery defined under paragraph (e)(3)(iv)(A) of this section, Atka 
mackerel, and ``other species'' that is greater than the retained amount 
of any other fishery category defined under this paragraph (e)(3)(iv).
    (v) AFA prohibited species catch limitations. Halibut and crab PSC 
limits for the AFA catcher/processor sector and the AFA trawl catcher 
vessel sector 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 the AFA catcher/processor sector and the AFA trawl 
catcher vessel sector in the groundfish fisheries for which the PSC 
limit applies.
    (vi) Amendment 80 sector bycatch limitations. (A) Halibut and crab 
bycatch limits for the Amendment 80 sector in the BSAI will be 
established according to the procedure and formulae set out in Sec. 
679.91(d) through (f); and
    (B) Halibut and crab PSC assigned to the Amendment 80 limited access 
fishery will be managed through directed fishing closures for Amendment 
80 vessels to which the halibut and crab bycatch limits apply.
    (4) Halibut apportionment to nontrawl fishery categories--(i) 
General. (A) An amount equivalent to 7.5 percent of the nontrawl gear 
halibut PSC limit set forth in paragraph (e)(2) of this section is 
allocated to the groundfish CDQ Program as PSQ reserve. The PSQ reserve 
is not apportioned by gear or fishery.
    (B) NMFS, after consultation with the Council and after subtraction 
of the PSQ reserve, will apportion the halibut PSC limit for nontrawl 
gear set forth under paragraph (e)(2) of this section into bycatch 
allowances for the nontrawl fishery categories defined under paragraph 
(e)(4)(ii) of this section.
    (C) Apportionment of the nontrawl halibut PSC limit among the 
nontrawl fishery categories will be 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.
    (D) 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 catcher vessel fishery. Catcher 
vessels 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) Pacific cod hook-and-line catcher/processor fishery. Catcher/
processors 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.
    (C) 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.

[[Page 650]]

    (D) Groundfish jig gear fishery. Fishing with jig gear during any 
weekly reporting period that results in a retained catch of groundfish.
    (E) 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.
    (F) 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 
catcher vessel fishery, a Pacific cod hook-and-line catcher/processor 
fishery, a sablefish hook-and-line fishery, a jig gear fishery, or a 
groundfish pot gear fishery as defined under this paragraph (e)(4)(ii).
    (5) Seasonal apportionments of bycatch allowances--(i) General. 
NMFS, after consultation with the Council, may apportion fishery bycatch 
allowances on a seasonal basis.
    (ii) Factors to be considered. NMFS will base any seasonal 
apportionment of a bycatch allowance on the following types of 
information:
    (A) Seasonal distribution of prohibited species;
    (B) Seasonal distribution of target groundfish species relative to 
prohibited species distribution;
    (C) Expected prohibited species bycatch needs on a seasonal basis 
relevant to change in prohibited species biomass and expected catches of 
target groundfish species;
    (D) Expected variations in bycatch rates throughout the fishing 
year;
    (E) Expected changes in directed groundfish fishing seasons;
    (F) Expected start of fishing effort; or
    (G) Economic effects of establishing seasonal prohibited species 
apportionments on segments of the target groundfish industry.
    (iii) Seasonal trawl fishery bycatch allowances--(A) Unused seasonal 
apportionments. Unused seasonal apportionments of trawl fishery bycatch 
allowances made under this paragraph (e)(5) will be added to its 
respective fishery bycatch allowance for the next season during a 
current fishing year.
    (B) Seasonal apportionment exceeded. If a seasonal apportionment of 
a trawl fishery bycatch allowance made under paragraph (d)(5) of this 
section is exceeded, the amount by which the seasonal apportionment is 
exceeded will be deducted from its respective apportionment for the next 
season during a current fishing year.
    (iv) Seasonal nontrawl fishery bycatch allowances--(A) Unused 
seasonal apportionments. Any unused portion of a seasonal nontrawl 
fishery bycatch allowance made under this paragraph (e)(5) will be 
reapportioned to the fishery's remaining seasonal bycatch allowances 
during a current fishing year in a manner determined by NMFS, after 
consultation with the Council, based on the types of information listed 
under paragraph (e)(5)(ii) of this section.
    (B) Seasonal apportionment exceeded. If a seasonal apportionment of 
a nontrawl fishery bycatch allowance made under this paragraph (e)(5) is 
exceeded, the amount by which the seasonal apportionment is exceeded 
will be deducted from the fishery's remaining seasonal bycatch 
allowances during a current fishing year in a manner determined by NMFS, 
after consultation with the Council, based on the types of information 
listed under paragraph (e)(5)(ii) of this section.
    (6) Notification--(i) General. NMFS will publish in the Federal 
Register, for up to two fishing years, 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 nontrawl 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 specified

[[Page 651]]

in the notice of proposed specifications published 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 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

[[Page 652]]

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 the period 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 directed fishing for pollock 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) AI 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 AI will reach the 
annual limit of 700 Chinook salmon, as identified in paragraph 
(e)(1)(viii) of this section, NMFS, by notification in the Federal 
Register will close the AI Chinook Salmon Savings Area, as defined in 
Figure 8 to this part, to directed fishing for pollock with trawl gear 
on 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 AI 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 AI Chinook salmon will 
be attained after April 15.
    (ix) Exemptions. Trawl vessels participating in directed fishing for 
pollock and operating under a non-Chinook salmon bycatch reduction ICA 
approved by NMFS under paragraph (g) of this section are exempt from 
closures in the Chum Salmon Savings Area described at paragraph 
(e)(7)(vii) of this section. See also Sec. 679.22(a)(10) and Figure 9 
to part 679.
    (8) Nontrawl halibut closures. If, during the fishing year, the 
Regional Administrator determines that U.S. fishing vessels 
participating in any of the nontrawl fishery categories listed under 
paragraph (e)(4) of this section will catch the halibut bycatch 
allowance, or seasonal apportionment thereof, specified for that fishery 
category under paragraph (e)(4)(ii) of this section, NMFS will publish 
in the Federal Register the closure of the entire BSAI to directed 
fishing with the relevant gear type for each species and/or species 
group in that fishery category.
    (f) BS Chinook Salmon Bycatch Management--(1) Applicability. This 
paragraph contains regulations governing the bycatch of Chinook salmon 
in the BS pollock fishery.
    (2) BS Chinook salmon prohibited species catch (PSC) limit. Each 
year, NMFS will allocate to AFA sectors, listed in paragraph (f)(3)(ii) 
of this section, a portion of either the 47,591 Chinook salmon PSC limit 
or the 60,000 Chinook salmon PSC limit.
    (i) An AFA sector will receive a portion of the 47,591 Chinook 
salmon PSC limit if:
    (A) No Chinook salmon bycatch incentive plan agreement (IPA) is 
approved by NMFS under paragraph (f)(12) of this section; or
    (B) That AFA sector has exceeded its performance standard under 
paragraph (f)(6) of this section.
    (ii) An AFA sector will receive a portion of the 60,000 Chinook 
salmon PSC limit if:
    (A) At least one IPA is approved by NMFS under paragraph (f)(12) of 
this section; and
    (B) That AFA sector has not exceeded its performance standard under 
paragraph (f)(6) of this section.
    (3) Allocations of the BS Chinook salmon PSC limits--(i) Seasonal 
apportionment. NMFS will apportion the BS Chinook salmon PSC limits 
annually 70 percent to the A season and 30 percent to the B season, 
which are described in Sec. 679.23(e)(2)(i) and (ii).
    (ii) AFA sectors. Each year, NMFS will make allocations of the 
applicable BS Chinook salmon PSC limit to the following four AFA 
sectors:

[[Page 653]]



------------------------------------------------------------------------
         AFA sector:                   Eligible participants are:
------------------------------------------------------------------------
(A) Catcher/processor (C/P)..  AFA catcher/processors and AFA catcher
                                vessels delivering to AFA catcher/
                                processors, all of which are permitted
                                under Sec. 679.4(l)(2) and Sec.
                                679.4(l)(3)(i)(A), respectively.
(B) Mothership...............  AFA catcher vessels harvesting pollock
                                for processing by AFA motherships, all
                                of which are permitted under Sec.
                                679.4(l)(3)(i)(B) and Sec.
                                679.4(l)(4), respectively.
(C) Inshore..................  AFA catcher vessels harvesting pollock
                                for processing by AFA inshore
                                processors, all of which are permitted
                                under Sec. 679.4(l)(3)(i)(C).
(D) CDQ Program..............  The six CDQ groups authorized under
                                section 305(i)(1)(D) of the Magnuson-
                                Stevens Act to participate in the CDQ
                                Program.
------------------------------------------------------------------------

    (iii) Allocations to each AFA sector. NMFS will allocate the BS 
Chinook salmon PSC limits to each AFA sector as follows:
    (A) If a sector is managed under the 60,000 Chinook salmon PSC 
limit, the maximum amount of Chinook salmon PSC allocated to each sector 
in each season and annually is:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     A season                        B season                      Annual total
                                                         -----------------------------------------------------------------------------------------------
                       AFA sector                                           of                     of                     of
                                                           % Allocation       Chinook      % Allocation       Chinook      % Allocation       Chinook
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) C/P.................................................            32.9          13,818            17.9           3,222            28.4          17,040
(2) Mothership..........................................             8.0           3,360             7.3           1,314             7.8           4,674
(3) Inshore.............................................            49.8          20,916            69.3          12,474            55.6          33,390
(4) CDQ Program.........................................             9.3           3,906             5.5             990             8.2           4,896
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (B) If the sector is managed under the 47,591 Chinook salmon PSC 
limit, the sector will be allocated the following amount of Chinook 
salmon PSC in each season and annually:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     A season                        B season                      Annual total
                                                         -----------------------------------------------------------------------------------------------
                        AFA sector                                          of                     of                     of
                                                           % Allocation       Chinook      % Allocation       Chinook      % Allocation       Chinook
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) C/P.................................................            32.9          10,960            17.9           2,556            28.4          13,516
(2) Mothership..........................................             8.0           2,665             7.3           1,042             7.8           3,707
(3) Inshore.............................................            49.8          16,591            69.3           9,894            55.6          26,485
(4) CDQ Program.........................................             9.3           3,098             5.5             785             8.2           3,883
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (iv) Allocations to the AFA catcher/processor and mothership 
sectors--(A) NMFS will issue transferable Chinook salmon PSC allocations 
under paragraph (f)(3)(iii)(A) or (B) of this section to entities 
representing the AFA catcher/processor sector and the AFA mothership 
sector if these sectors meet the requirements of paragraph (f)(8) of 
this section.
    (B) If no entity is approved by NMFS to represent the AFA catcher/
processor sector or the AFA mothership sector, then NMFS will manage 
that sector under a non-transferable Chinook salmon PSC allocation under 
paragraph (f)(10) of this section.
    (v) Allocations to inshore cooperatives and the AFA inshore open 
access fishery. NMFS will further allocate the inshore sector's Chinook 
salmon PSC allocation under paragraph (f)(3)(iii)(A)(3) or (B)(3) of 
this section among the inshore cooperatives and the inshore open access 
fishery based on the percentage allocations of pollock to each inshore 
cooperative under Sec. 679.62(a). NMFS will issue transferable Chinook 
salmon PSC allocations to inshore cooperatives. Any Chinook salmon PSC 
allocated to the inshore open access fishery will be as a non-
transferable allocation managed by NMFS under the requirements of 
paragraph (f)(10) of this section.
    (vi) Allocations to the CDQ Program. NMFS will further allocate the 
Chinook salmon PSC allocation to the CDQ Program under paragraph 
(f)(3)(iii)(A)(4) or (B)(4) of this section among the six CDQ groups 
based on each CDQ group's percentage of the CDQ Program pollock 
allocation in Column B of Table 47d to this part.

[[Page 654]]

NMFS will issue transferable Chinook salmon PSC allocations to CDQ 
groups.
    (vii) Accrual of Chinook salmon bycatch to specific PSC allocations.

------------------------------------------------------------------------
                                             Then all Chinook salmon
 If a Chinook salmon PSC allocation is:              bycatch:
------------------------------------------------------------------------
(A) A transferable allocation to a       By any vessel fishing under a
 sector-level entity, inshore             transferable allocation will
 cooperative, or CDQ group under          accrue against the allocation
 paragraph (f)(8) of this section.        to the entity representing
                                          that vessel.
(B) A non-transferable allocation to a   By any vessel fishing under a
 sector or the inshore open access        non-transferable allocation
 fishery under paragraph (f)(10) of       will accrue against the
 this section.                            allocation established for the
                                          sector or inshore open access
                                          fishery, whichever is
                                          applicable.
(C) The opt-out allocation under         By any vessel fishing under the
 paragraph (f)(5) of this section.        opt-out allocation will accrue
                                          against the opt-out
                                          allocation.
------------------------------------------------------------------------

    (viii) Public release of Chinook salmon PSC information. For each 
year, NMFS will release to the public and publish on the NMFS Alaska 
Region Web site (http://alaskafisheries.noaa.gov/):
    (A) The Chinook salmon PSC allocations for each entity receiving a 
transferable allocation;
    (B) The non-transferable Chinook salmon PSC allocations;
    (C) The vessels fishing under each transferable or non-transferable 
allocation;
    (D) The amount of Chinook salmon bycatch that accrues towards each 
transferable or non-transferable allocation; and
    (E) Any changes to these allocations due to transfers under 
paragraph (f)(9) of this section, rollovers under paragraph (f)(11) of 
this section, and deductions from the B season non-transferable 
allocations under paragraphs (f)(5)(v) or (f)(10)(iii) of this section.
    (4) Reduction in allocations of the 60,000 Chinook salmon PSC 
limit--(i) Reduction in sector allocations. NMFS will reduce the 
seasonal allocation of the 60,000 Chinook salmon PSC limit to the 
catcher/processor sector, the mothership sector, the inshore sector, or 
the CDQ Program under paragraph (f)(3)(iii)(A) of this section, if the 
owner of any permitted AFA vessel in that sector, or any CDQ group, does 
not participate in an approved IPA under paragraph (f)(12) of this 
section. The amount of Chinook salmon subtracted from each sector's 
allocation for those not participating in an approved IPA is calculated 
as follows:

----------------------------------------------------------------------------------------------------------------
                                   Reduce the A season          Reduce the B season
                                    allocation by the            allocation by the
                                    sum of the amount            sum of the amount
                                    of Chinook salmon            of Chinook salmon
         For each sector:            associated with              associated with
                                    each vessel or CDQ           each vessel or CDQ
                                        group not                    group not
                                   participating in an          participating in an
                                           IPA:                         IPA:
----------------------------------------------------------------------------------------------------------------
(A) Catcher/processor............  From Column E in         +   From Column F in         =   The annual amount
                                    Table 47a to this            Table 47a to this            of Chinook salmon
                                    part.                        part.                        subtracted from
                                                                                              each sector's
                                                                                              Chinook salmon PSC
                                                                                              allocation listed
                                                                                              at paragraph
                                                                                              (f)(3)(iii)(A) of
                                                                                              this section.
(B) Mothership...................  From Column E in     ......  From Column F in
                                    Table 47b to this            Table 47b to this
                                    part.                        part.
(C) Inshore......................  From Column E in     ......  From Column F in
                                    Table 47c to this            Table 47c to this
                                    part.                        part.
(D) CDQ Program..................  From Column C in     ......  From Column D in
                                    Table 47d to this            Table 47d to this
                                    part.                        part.
----------------------------------------------------------------------------------------------------------------

    (ii) Adjustments to the inshore sector and inshore cooperative 
allocations--(A) If some members of an inshore cooperative do not 
participate in an approved IPA, NMFS will only reduce the allocation to 
the cooperative to which those vessels belong, or the inshore open 
access fishery.
    (B) If all members of an inshore cooperative do not participate in 
an approved IPA, the amount of Chinook salmon that remains in the 
inshore sector's allocation, after subtracting

[[Page 655]]

the amount in paragraph (f)(4)(i)(C) of this section for the non-
participating inshore cooperative, will be reallocated among the inshore 
cooperatives participating in an approved IPA based on the proportion 
each participating cooperative represents of the Chinook salmon PSC 
initially allocated among the participating inshore cooperatives that 
year.
    (iii) Adjustment to CDQ group allocations. If a CDQ group does not 
participate in an approved IPA, the amount of Chinook salmon that 
remains in the CDQ Program's allocation, after subtracting the amount in 
paragraph (f)(4)(i)(D) of this section for the non-participating CDQ 
group, will be reallocated among the CDQ groups participating in an 
approved IPA based on the proportion each participating CDQ group 
represents of the Chinook salmon PSC initially allocated among the 
participating CDQ groups that year.
    (iv) All members of a sector do not participate in an approved IPA. 
If all members of a sector do not participate in an approved IPA, the 
amount of Chinook salmon that remains after subtracting the amount in 
paragraph (f)(4)(i) of this section for the non-participating sector 
will not be reallocated among the sectors that do have members 
participating in an approved IPA. This portion of the 60,000 PSC limit 
will remain unallocated for that year.
    (5) Chinook salmon PSC opt-out allocation. The following table 
describes requirements for the opt-out allocation:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(i) What is the amount of Chinook salmon PSC that     The opt-out allocation will equal the sum of the Chinook
 will be allocated to the opt-out allocation in the    salmon PSC deducted under paragraph (f)(4)(i) of this
 A season and the B season?                            section from the seasonal allocations of each sector with
                                                       members not participating in an approved IPA.
(ii) Which participants will be managed under the     Any AFA permitted vessel or any CDQ group that is a member
 opt-out allocation?                                   of a sector eligible under paragraph (f)(2)(ii) of this
                                                       section to receive allocations of the 60,000 PSC limit,
                                                       but that is not participating in an approved IPA.
(iii) What Chinook salmon bycatch will accrue         All Chinook salmon bycatch by participants under paragraph
 against the opt-out allocation?                       (f)(2)(ii) of this section.
(iv) How will the opt-out allocation be managed?      All participants under paragraph (f)(2)(ii) of this
                                                       section will be managed as a group under the seasonal opt-
                                                       out allocations. If the Regional Administrator determines
                                                       that the seasonal opt-out allocation will be reached,
                                                       NMFS will publish a notice in the Federal Register
                                                       closing directed fishing for pollock in the BS, for the
                                                       remainder of the season, for all vessels fishing under
                                                       the opt-out allocation.
(v) What will happen if Chinook salmon bycatch by     NMFS will deduct from the B season opt-out allocation any
 vessels fishing under the opt-out allocation          Chinook salmon bycatch in the A season that exceeds the A
 exceeds the amount allocated to the A season opt-     season opt-out allocation.
 out allocation?
(vi) What will happen if Chinook salmon bycatch by    If Chinook salmon bycatch by vessels fishing under the opt-
 vessels fishing under the opt-out allocation is       out allocation in the A season is less than the amount
 less than the amount allocated to the A season opt-   allocated to the opt-out allocation in the A season, this
 out allocation?                                       amount of Chinook salmon will not be added to the B
                                                       season opt-out allocation.
(vii) Is Chinook salmon PSC allocated to the opt-out  No. Chinook salmon PSC allocated to the opt-out allocation
 allocation transferable?                              is not transferable.
----------------------------------------------------------------------------------------------------------------

    (6) Chinook salmon bycatch performance standard. If the total annual 
Chinook salmon bycatch by the members of a sector participating in an 
approved IPA is greater than that sector's annual threshold amount of 
Chinook salmon in any three of seven consecutive years, that sector will 
receive an allocation of Chinook salmon under the 47,591 PSC limit in 
all future years.
    (i) Annual threshold amount. Prior to each year, NMFS will calculate 
each sector's annual threshold amount. NMFS will post the annual 
threshold amount for each sector on the NMFS Alaska Region Web site 
(http://alaskafisheries.noaa.gov/). At the end of

[[Page 656]]

each year, NMFS will evaluate the Chinook salmon bycatch by all IPA 
participants in each sector against that sector's annual threshold 
amount.
    (ii) Calculation of the annual threshold amount. A sector's annual 
threshold amount is the annual number of Chinook salmon that would be 
allocated to that sector under the 47,591 Chinook salmon PSC limit, as 
shown in the table in paragraph (f)(3)(iii)(B) of this section. If any 
vessels in a sector do not participate in an approved IPA, NMFS will 
reduce that sector's annual threshold amount by the number of Chinook 
salmon associated with each vessel not participating in an approved IPA. 
If any CDQ groups do not participate in an approved IPA, NMFS will 
reduce the CDQ Program's annual threshold amount by the number of 
Chinook salmon associated with each CDQ group not participating in an 
approved IPA. NMFS will subtract the following numbers of Chinook salmon 
from each sector's annual threshold amount for vessels or CDQ groups not 
participating in an approved IPA:

------------------------------------------------------------------------
                                                        The amount of
                                                       Chinook salmon
                                                    associated with each
                 For each sector:                    vessel or CDQ group
                                                    not participating in
                                                           an IPA:
------------------------------------------------------------------------
(A) Catcher/processor.............................  From Column G of
                                                     Table 47a to this
                                                     part;
(B) Mothership....................................  From Column G of
                                                     Table 47b to this
                                                     part;
(C) Inshore.......................................  From Column G of
                                                     Table 47c to this
                                                     part;
(D) CDQ Program...................................  From Column E of
                                                     Table 47d to this
                                                     part.
------------------------------------------------------------------------

    (iii) If NMFS determines that a sector has exceeded its performance 
standard by exceeding its annual threshold amount in any three of seven 
consecutive years, NMFS will issue a notification in the Federal 
Register that the sector has exceeded its performance standard and that 
NMFS will allocate to that sector the amount of Chinook salmon in the 
table in paragraph (f)(3)(iii)(B) of this section in all subsequent 
years. All members of the affected sector will fish under this lower 
allocation regardless of whether a vessel or CDQ group within that 
sector participates in an approved IPA.
    (7) Replacement vessels. If an AFA permitted vessel listed in Tables 
47a through 47c to this part is no longer eligible to participate in the 
BS pollock fishery or if a vessel replaces a currently eligible vessel, 
the portion and number of Chinook salmon associated with that vessel in 
Tables 47a through 47c to this part will be assigned to the replacement 
vessel or distributed among other eligible vessels in the sector based 
on the procedures in the law, regulation, or private contract that 
accomplishes the vessel removal or replacement action until Tables 47a 
through 47c to this part can be revised as necessary.
    (8) Entities eligible to receive transferable Chinook salmon PSC 
allocations--(i) NMFS will issue transferable Chinook salmon PSC 
allocations to the following entities, if these entities meet all of the 
applicable requirements of this part.
    (A) Inshore cooperatives. NMFS will issue transferable Chinook 
salmon PSC allocations to the inshore cooperatives permitted annually 
under Sec. 679.4(l)(6). The representative and agent for service of 
process (see definition at Sec. 679.2) for an inshore cooperative is 
the cooperative representative identified in the application for an 
inshore cooperative fishing permit issued under Sec. 679.4(l)(6), 
unless the inshore cooperative representative notifies NMFS in writing 
that a different person will act as its agent for service of process for 
purposes of this paragraph (f). An inshore cooperative is not required 
to submit an application under paragraph (f)(8)(ii) of this section to 
receive a transferable Chinook salmon PSC allocation.
    (B) CDQ groups. NMFS will issue transferable Chinook salmon PSC 
allocations to the CDQ groups. The representative and agent for service 
of process for a CDQ group is the chief executive officer of the CDQ 
group, unless the chief executive officer notifies NMFS in writing that 
a different person will act as its agent for service of process. A CDQ 
group is not required to submit an application under paragraph 
(f)(8)(ii) of this section to receive a

[[Page 657]]

transferable Chinook salmon PSC allocation.
    (C) Entity representing the AFA catcher/processor sector. NMFS will 
authorize only one entity to represent the catcher/processor sector for 
purposes of receiving and managing transferable Chinook salmon PSC 
allocations on behalf of the catcher/processors eligible to fish under 
transferable Chinook salmon PSC allocations.
    (1) NMFS will issue transferable Chinook salmon allocations under 
the 60,000 Chinook salmon PSC limit to the entity representing the 
catcher/processor sector if that entity represents all of the owners of 
AFA permitted vessels in this sector that are participants in an 
approved IPA.
    (2) NMFS will issue transferable Chinook salmon allocations under 
the 47,591 Chinook salmon PSC limit to an entity representing the 
catcher/processor sector if that entity represents all of the owners of 
AFA permitted vessels in this sector.
    (D) Entity representing the AFA mothership sector. NMFS will 
authorize only one entity to represent the mothership sector for 
purposes of receiving and managing transferable Chinook salmon PSC 
allocations on behalf of the vessels eligible to fish under transferable 
Chinook salmon PSC allocations.
    (1) NMFS will issue transferable Chinook salmon allocations under 
the 60,000 Chinook salmon PSC limit to an entity representing the 
mothership sector if that entity represents all of the owners of AFA 
permitted vessels in this sector that are participants in an approved 
IPA.
    (2) NMFS will issue transferable Chinook salmon allocations under 
the 47,591 Chinook salmon PSC limit to an entity representing the 
mothership sector if that entity represents all of the owners of AFA 
permitted vessels in this sector.
    (ii) Request for approval as an entity eligible to receive 
transferable Chinook salmon PSC allocations. A representative of an 
entity representing the catcher/processor sector or the mothership 
sector may request approval by NMFS to receive transferable Chinook 
salmon PSC allocations on behalf of the members of the sector. The 
application must be submitted to NMFS at the address in paragraph (b)(6) 
of this section. A completed application consists of the application 
form and a contract, described below.
    (A) Application form. The applicant must submit a paper copy of the 
application form with all information fields accurately filled in, 
including the affidavit affirming that each eligible vessel owner, from 
whom the applicant received written notification requesting to join the 
sector entity, has been allowed to join the sector entity subject to the 
same terms and conditions that have been agreed on by, and are 
applicable to, all other parties to the sector entity. The application 
form is available on the NMFS Alaska Region Web site (http://
alaskafisheries.noaa.gov/) or from NMFS at the address or phone number 
in paragraph (b)(6) of this section.
    (B) Contract. A contract containing the following information must 
be attached to the completed application form:
    (1) Information that documents that all vessel owners party to the 
contract agree that the entity, the entity's representative, and the 
entity's agent for service of process named in the application form 
represent them for purposes of receiving transferable Chinook salmon PSC 
allocations.
    (2) A statement that the entity's representative and agent for 
service of process are authorized to act on behalf of the vessel owners 
party to the contract.
    (3) Certification of applicant. Signatures, printed names, and date 
of signature for the owners of each AFA permitted vessel identified in 
the application.
    (C) Contract duration. Once submitted, the contract attached to the 
application is valid until amended or terminated by the parties to the 
contract.
    (D) Deadline. An application and contract must be received by NMFS 
no later than 1700 hours, A.l.t., on October 1 of the year prior to the 
year for which the Chinook salmon PSC allocations are effective.
    (E) Approval. If more than one entity application is submitted to 
NMFS, NMFS will approve the application for

[[Page 658]]

the entity that represents the most eligible vessel owners in the 
sector.
    (F) Amendments to the sector entity.
    (1) An amendment to sector entity contract, with no change in entity 
participants, may be submitted to NMFS at any time and is effective upon 
written notification of approval by NMFS to the entity representative. 
To amend a contract, the entity representative must submit a complete 
application, as described in paragraph (f)(8)(ii) of this section.
    (2) To make additions or deletions to the vessel owners represented 
by the entity for the next year, the entity representative must submit a 
complete application, as described in paragraph (f)(8)(ii) of this 
section, by December 1.
    (iii) Entity Representative. (A) The entity's representative must--
    (1) Act as the primary contact person for NMFS on issues relating to 
the operation of the entity;
    (2) Submit on behalf of the entity any applications required for the 
entity to receive a transferable Chinook salmon PSC allocation and to 
transfer some or all of that allocation to and from other entities 
eligible to receive transfers of Chinook salmon PSC allocations;
    (3) Ensure that an agent for service of process is designated by the 
entity; and
    (4) Ensure that NMFS is notified if a substitute agent for service 
of process is designated. Notification must include 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 entity or its members within the 5-year period from the time the 
agent is identified in the application to NMFS under paragraph 
(f)(8)(ii) of this section.
    (B) All vessel owners that are members of an inshore cooperative, or 
members of the entity that represents the catcher/processor sector or 
the mothership sector, may authorize the entity representative to sign a 
proposed IPA submitted to NMFS, under paragraph (f)(12) of this section, 
on behalf of the vessel owners that intend to participate in that IPA. 
This authorization must be included in the contract submitted to NMFS, 
under paragraph (f)(8)(ii)(B) of this section, for the sector-level 
entities and in the contract submitted annually to NMFS by inshore 
cooperatives under Sec. 679.61(d).
    (iv) Agent for service of process. The entity's agent for service of 
process must--
    (A) Be 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 an entity receiving a transferable allocation of 
Chinook salmon PSC or with respect to a CDQ group. Service on or notice 
to the entity's appointed agent constitutes service on or notice to all 
members of the entity.
    (B) Be capable of accepting service on behalf of the entity until 
December 31 of the year five years after the calendar year for which the 
entity notified the Regional Administrator of the identity of the agent.
    (v) Absent a catcher/processor sector or mothership sector entity. 
If the catcher/processor sector or the mothership sector does not form 
an entity to receive a transferable allocation of Chinook salmon PSC, 
the sector will be managed by NMFS under a non-transferable allocation 
of Chinook salmon PSC under paragraph (f)(10) of this section.
    (9) Transfers of Chinook salmon PSC--(i) A Chinook salmon PSC 
allocation issued to eligible entities under paragraph (f)(8)(i) of this 
section may be transferred to any other entity receiving a transferable 
allocation of Chinook salmon PSC by submitting to NMFS an application 
for transfer described in paragraph (f)(9)(iii) of this section. 
Transfers of Chinook salmon PSC allocations among eligible entities are 
subject to the following restrictions:
    (A) Entities receiving transferable allocations under the 60,000 PSC 
limit may only transfer to and from other entities receiving allocations 
under the 60,000 PSC limit.
    (B) Entities receiving transferable allocations under the 47,591 PSC 
limit may only transfer to and from other entities receiving allocations 
under the 47,591 PSC limit.
    (C) Chinook salmon PSC allocations may not be transferred between 
seasons.

[[Page 659]]

    (ii) Post-delivery transfers. If the Chinook salmon bycatch by an 
entity exceeds its seasonal allocation, the entity may receive transfers 
of Chinook salmon PSC to cover overages for that season. An entity may 
conduct transfers to cover an overage that results from Chinook salmon 
bycatch from any fishing trip by a vessel fishing on behalf of that 
entity that was completed or is in progress at the time the entity's 
allocation is first exceeded. Under Sec. 679.7(d)(8)(ii)(C)(2) and 
(k)(8)(iv)(B), vessels fishing on behalf of an entity that has exceeded 
its Chinook salmon PSC allocation for a season may not start a new 
fishing trip for pollock in the BS on behalf of that same entity for the 
remainder of that season.
    (iii) Application for transfer of Chinook salmon PSC allocations-- 
(A) Completed application. NMFS will process a request for transfer of 
Chinook salmon PSC provided that a paper or electronic application is 
completed, with all information fields accurately filled in. Application 
forms are available on the NMFS Alaska Region Web site (http://
alaskafisheries.noaa.gov/) or from NMFS at the address or phone number 
in paragraph (b)(6) of this section.
    (B) Certification of transferor-- (1) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (2) Electronic submittal. The transferor's designated entity 
representative must log onto the NMFS online services system and create 
a transfer request as indicated on the computer screen. By using the 
transferor's NMFS ID, password, and Transfer Key, and submitting the 
transfer request, the designated representative certifies that all 
information is true, correct, and complete.
    (C) Certification of transferee-- (1) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (2) Electronic submittal. The transferee's designated representative 
must log onto the NMFS online services system and accept the transfer 
request as indicated on the computer screen. By using the transferee's 
NMFS ID, password, and Transfer Key, the designated representative 
certifies that all information is true, correct, and complete.
    (D) Deadline. NMFS will not approve an application for transfer of 
Chinook salmon PSC after June 25 for the A season and after December 1 
for the B season.
    (10) Non-transferable Chinook salmon PSC allocations--(i) All 
vessels belonging to a sector that is ineligible to receive transferable 
allocations under paragraph (f)(8) of this section, any catcher vessels 
participating in an inshore open access fishery, and all vessels fishing 
under the opt-out allocation under paragraph (f)(5) of this section will 
fish under specific non-transferable Chinook salmon PSC allocations.
    (ii) All vessels fishing under a non-transferable Chinook salmon PSC 
allocation, including vessels fishing on behalf of a CDQ group, will be 
managed together by NMFS under that non-transferable allocation. If, 
during the fishing year, the Regional Administrator determines that a 
seasonal non-transferable Chinook salmon PSC allocation will be reached, 
NMFS will publish a notice in the Federal Register closing the BS to 
directed fishing for pollock by those vessels fishing under that non-
transferable allocation for the remainder of the season or for the 
remainder of the year.
    (iii) For each non-transferable Chinook salmon PSC allocation, NMFS 
will deduct from the B season allocation any amount of Chinook salmon 
bycatch in the A season that exceeds the amount available under the A 
season allocation.
    (11) Rollover of unused A season allocation--(i) Rollovers of 
transferable allocations. NMFS will add any Chinook salmon PSC 
allocation remaining at the end of the A season, after any transfers 
under paragraph (f)(9)(ii) of this section, to an entity's B season 
allocation.
    (ii) Rollover of non-transferable allocations. For a non-
transferable allocation

[[Page 660]]

for the mothership sector, catcher/processor sector, or an inshore open 
access fishery, NMFS will add any Chinook salmon PSC remaining in that 
non-transferable allocation at the end of the A season to that B season 
non-transferable allocation.
    (12) Chinook salmon bycatch incentive plan agreements (IPAs)-- (i) 
Minimum participation requirements. More than one IPA may be approved by 
NMFS. Each IPA must have participants that represent the following:
    (A) Minimum percent pollock. Parties to an IPA must collectively 
represent at least 9 percent of the BS pollock quota. The percentage of 
pollock attributed to each sector, AFA permitted vessel, and CDQ group 
is as follows:

----------------------------------------------------------------------------------------------------------------
                                                The percent of
                                               BS pollock quota   Percent of BS pollock quota used to calculate
               For each sector                   attributed to        IPA minimum participation for each AFA
                                                  each sector     permitted vessel and CDQ group is the value in
----------------------------------------------------------------------------------------------------------------
(1) Catcher/processor........................                36  Column H in Table 47a to this part.
(2) Mothership...............................                 9  Column H in Table 47b to this part.
(3) Inshore..................................                45  Column H in Table 47c to this part.
(4) CDQ Program..............................                10  Column F in Table 47d to this part.
----------------------------------------------------------------------------------------------------------------

    (B) Minimum number of unaffiliated AFA entities. Parties to an IPA 
must represent any combination of two or more CDQ groups or 
corporations, partnerships, or individuals who own AFA permitted vessels 
and are not affiliated, as affiliation is defined for purposes of AFA 
entities in Sec. 679.2.
    (ii) Membership in an IPA.--(A) No vessel owner or CDQ group is 
required to join an IPA.
    (B) For a vessel owner in the catcher/processor sector or mothership 
sector to join an IPA, that vessel owner must be a member of the entity 
representing that sector under paragraph (f)(8).
    (C) For a CDQ group to be a member of an IPA, the CDQ group must 
sign the IPA and list in that IPA each vessel harvesting BS pollock CDQ, 
on behalf of that CDQ group, that will participate in that IPA.
    (iii) Request for approval of a proposed IPA. The IPA representative 
must submit an application for approval of a proposed IPA to NMFS at the 
address in paragraph (b)(6) of this section. A completed application 
consists of the application form and the proposed IPA, described below.
    (A) Application form. The applicant must submit a paper copy of the 
application form with all information fields accurately filled in, 
including the affidavit affirming that each eligible vessel owner or CDQ 
group, from whom the applicant received written notification requesting 
to join the IPA, has been allowed to join the IPA subject to the same 
terms and conditions that have been agreed on by, and are applicable to, 
all other parties to the IPA. The application form is available on the 
NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/) or from 
NMFS at the address or phone number in paragraph (b)(6) of this section.
    (B) Proposed IPA. The proposed IPA must contain the following 
information:
    (1) Name of the IPA. The same IPA name submitted on the application 
form.
    (2) Representative. The name, telephone number, and e-mail address 
of the IPA representative who submits the proposed IPA on behalf of the 
parties and who is responsible for submitting proposed amendments to the 
IPA and the annual report required under paragraph (f)(12)(vii) of this 
section.
    (3) Description of the incentive plan. The IPA must contain a 
written description of the following:
    (i) The incentive(s) that will be implemented under the IPA for the 
operator of each vessel participating in the IPA to avoid Chinook salmon 
bycatch under any condition of pollock and Chinook salmon abundance in 
all years;
    (ii) The rewards for avoiding Chinook salmon, penalties for failure 
to avoid Chinook salmon at the vessel level, or both;
    (iii) How the incentive measures in the IPA are expected to promote 
reductions in a vessel's Chinook salmon bycatch rates relative to what 
would

[[Page 661]]

have occurred in absence of the incentive program;
    (iv) How the incentive measures in the IPA promote Chinook salmon 
savings in any condition of pollock abundance or Chinook salmon 
abundance in a manner that is expected to influence operational 
decisions by vessel operators to avoid Chinook salmon; and
    (v) How the IPA ensures that the operator of each vessel governed by 
the IPA will manage his or her Chinook salmon bycatch to keep total 
bycatch below the performance standard described in paragraph (f)(6) of 
this section for the sector in which the vessel participates.
    (4) Compliance agreement. The IPA must include a written statement 
that all parties to the IPA agree to comply with all provisions of the 
IPA.
    (5) Signatures. The names and signatures of the owner or 
representative for each vessel and CDQ group that is a party to the IPA. 
The representative of an inshore cooperative, or the representative of 
the entity formed to represent the AFA catcher/processor sector or the 
AFA mothership sector under paragraph (f)(8) of this section may sign a 
proposed IPA on behalf of all vessels that are members of that inshore 
cooperative or sector level entity.
    (iv) Deadline and duration-- (A) Deadline for proposed IPA. An 
application must be received by NMFS no later than 1700 hours, A.l.t., 
on October 1 of the year prior to the year for which the IPA is proposed 
to be effective.
    (B) Duration. Once approved, an IPA is effective starting January 1 
of the year following the year in which NMFS approves the IPA, unless 
the IPA is approved between January 1 and January 19, in which case the 
IPA is effective starting in the year in which it is approved. Once 
approved, an IPA is effective until December 31 of the first year in 
which it is effective or until December 31 of the year in which the IPA 
representative notifies NMFS in writing that the IPA is no longer in 
effect, whichever is later. An IPA may not expire mid-year. No party may 
join or leave an IPA once it is approved, except as allowed under 
paragraph (f)(12)(v)(C) of this section.
    (v) NMFS review of a proposed IPA--(A) Approval. An IPA will be 
approved by NMFS if it meets the following requirements:
    (1) Meets the minimum participation requirements in paragraph 
(f)(12)(i) of this section;
    (2) Is submitted in compliance with the requirements of paragraph 
(f)(12)(ii) and (iv) of this section; and
    (3) Contains the information required in paragraph (f)(12)(iii) of 
this section.
    (B) IPA identification number. If approved, NMFS will assign an IPA 
number to the approved IPA. This number must be used by the IPA 
representative in amendments to the IPA.
    (C) Amendments to an IPA. Amendments to an approved IPA may be 
submitted to NMFS and will be reviewed under the requirements of this 
paragraph (f)(12).
    (1) An amendment to an approved IPA, with no change in the IPA 
participants, may be submitted to NMFS at any time and is effective upon 
written notification of approval by NMFS to the IPA representative. To 
amend an IPA, the IPA representative must submit a complete application, 
as described in paragraph (f)(12)(iii) of this section.
    (2) An amendment to the list of IPA participants must be received by 
NMFS no later than 1700 hours, A.l.t., on December 1 and will be 
effective at the beginning of the next year. To amend the list of 
participants, the IPA representative must submit an application form, as 
described in paragraph (f)(12)(iii)(A) of this section.
    (3) An amendment to the list of participants related to a 
replacement vessel, under paragraph (f)(7) of this section, may be 
submitted to NMFS at any time. To amend the list of participants for a 
replacement vessel, the IPA representative must submit the application 
form, as described in paragraph (f)(12)(iii)(A) of this section, and 
include a copy of the AFA permit issued under Sec. 679.4 for the 
replacement vessel.
    (D) Disapproval--(1) NMFS will disapprove a proposed IPA or a 
proposed amendment to an IPA for either of the following reasons:
    (i) If the proposed IPA fails to meet any of the requirements of 
paragraphs (f)(12)(i) through (iii) of this section, or

[[Page 662]]

    (ii) If a proposed amendment to an IPA would cause the IPA to no 
longer be consistent with the requirements of paragraphs (f)(12)(i) 
through (iv) of this section.
    (2) Initial Administrative Determination (IAD). If, in NMFS' review 
of the proposed IPA, NMFS identifies deficiencies in the proposed IPA 
that require disapproval of the proposed IPA, NMFS will notify the 
applicant in writing. The applicant will be provided 30 days to address, 
in writing, the deficiencies identified by NMFS. An applicant will be 
limited to one 30-day period to address any deficiencies identified by 
NMFS. Additional information or a revised IPA received after the 30-day 
period specified by NMFS has expired will not be considered for purposes 
of the review of the proposed IPA. NMFS will evaluate any additional 
information submitted by the applicant within the 30-day period. If the 
Regional Administrator determines that the additional information 
addresses deficiencies in the proposed IPA, the Regional Administrator 
will approve the proposed IPA under paragraphs (f)(12)(iv)(B) and 
(f)(12)(v)(A) of this section. However, if, after consideration of the 
original proposed IPA and any additional information submitted during 
the 30-day period, NMFS determines that the proposed IPA does not comply 
with the requirements of paragraph (f)(12) of this section, NMFS will 
issue an initial administrative determination (IAD) providing the 
reasons for disapproving the proposed IPA.
    (3) Administrative Appeals. An applicant who receives an IAD 
disapproving a proposed IPA may appeal under the procedures set forth at 
Sec. 679.43. If the applicant 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 to 
approve the proposed IPA, then the IPA will be effective as described in 
paragraph (f)(12)(iv)(B) of this section.
    (4) While appeal of an IAD disapproving a proposed IPA is pending, 
proposed members of the IPA subject to the IAD that are not currently 
members of an approved IPA will fish under the opt-out allocation under 
paragraph (f)(5) of this section. If no other IPA has been approved by 
NMFS, NMFS will issue all sectors allocations of the 47,591 Chinook 
salmon PSC limit as described in paragraph (f)(3)(iii)(B) of this 
section.
    (vi) Public release of an IPA. NMFS will make all proposed IPAs and 
all approved IPAs and the list of participants in each approved IPA 
available to the public on the NMFS Alaska Region Web site (http://
alaskafisheries.noaa.gov/).
    (vii) IPA Annual Report. The representative of each approved IPA 
must submit a written annual report to the Council at the address 
specified in Sec. 679.61(f). The Council will make the annual report 
available to the public.
    (A) Submission deadline. The annual report must be postmarked or 
received by the Council no later than April 1 of each year following the 
year in which the IPA is first effective.
    (B) Information requirements. The annual report must contain the 
following information:
    (1) A comprehensive description of the incentive measures in effect 
in the previous year;
    (2) A description of how these incentive measures affected 
individual vessels;
    (3) An evaluation of whether incentive measures were effective in 
achieving salmon savings beyond levels that would have been achieved in 
absence of the measures; and
    (4) A description of any amendments to the terms of the IPA that 
were approved by NMFS since the last annual report and the reasons that 
the amendments to the IPA were made.
    (g) BS Non-Chinook Salmon Bycatch Management--(1) Requirements for 
the non-Chinook salmon bycatch reduction intercooperative agreement 
(ICA)--(i) Application. The ICA representative identified in paragraph 
(g)(2)(i)(B) of this section must submit a signed copy of the proposed 
non-Chinook salmon bycatch reduction ICA, or any proposed amendments to 
the ICA, to NMFS at the address in paragraph (b)(6) of this section.
    (ii) Deadline. For any ICA participant to be exempt from closure of 
the Chum Salmon Savings Area as described at paragraph (e)(7)(ix) of 
this section and at Sec. 679.22(a)(10), the ICA must be filed

[[Page 663]]

in compliance with the requirements of this section, and approved by 
NMFS. The proposed non-Chinook salmon bycatch reduction ICA or any 
amendments to an approved ICA must be postmarked or received by NMFS by 
December 1 of the year before the year in which the ICA is proposed to 
be effective. Exemptions from closure of the Chum Salmon Savings Area 
will expire upon termination of the initial ICA, expiration of the 
initial ICA, or if superseded by a NMFS-approved amended ICA.
    (2) Information requirements. The ICA must include the following 
provisions:
    (i) Participants--(A) The names of the AFA cooperatives and CDQ 
groups participating in the ICA. Collectively, these groups are known as 
parties to the ICA. Parties to the ICA must agree to comply with all 
provisions of the ICA.
    (B) The name, business mailing address, business telephone number, 
business fax number, and business e-mail address of the ICA 
representative.
    (C) The ICA also must identify one entity retained to facilitate 
vessel bycatch avoidance behavior and information sharing.
    (D) The ICA must identify at least one third party group. Third 
party groups include any organizations representing western Alaskans who 
depend on non-Chinook salmon and have an interest in non-Chinook salmon 
bycatch reduction but do not directly fish in a groundfish fishery.
    (ii) The names, Federal fisheries permit numbers, and USCG 
documentation numbers of vessels subject to the ICA.
    (iii) Provisions that dictate non-Chinook salmon bycatch avoidance 
behaviors for vessel operators subject to the ICA, including:
    (A) Initial base rate. The initial B season non-Chinook salmon base 
rate shall be 0.19 non-Chinook salmon per metric ton of pollock.
    (B) Inseason adjustments to the non-Chinook base rate calculation. 
Beginning July 1 of each fishing year and on each Thursday during the B 
season, the B season non-Chinook base rate shall be recalculated. The 
recalculated non-Chinook base rate shall be the three week rolling 
average of the B season non-Chinook bycatch rate for the current year. 
The recalculated base rate shall be used to determine bycatch avoidance 
areas.
    (C) ICA Chum Salmon Savings Area notices. On each Thursday and 
Monday after June 10 of each year for the duration of the pollock B 
season, the entity identified under paragraph (g)(2)(i)(C) of this 
section must provide notice to the parties to the salmon bycatch 
reduction ICA and NMFS identifying one or more areas designated ``ICA 
Chum Savings Areas'' by a series of latitude and longitude coordinates. 
The Thursday notice must be effective from 6 p.m. A.l.t. the following 
Friday through 6 p.m. A.l.t. the following Tuesday. The Monday notice 
must be effective from 6 p.m. A.l.t. the following Tuesday through 6 
p.m. A.l.t. the following Friday. For any ICA Salmon Savings Area 
notice, the maximum total area closed must be at least 3,000 square 
miles for ICA Chum Savings Area closures.
    (D) Fishing restrictions for vessels assigned to tiers. For vessels 
in a cooperative assigned to Tier 3, the ICA Chum Salmon Savings Area 
closures announced on Thursdays must be closed to directed fishing for 
pollock, including pollock CDQ, for seven days. For vessels in a 
cooperative assigned to Tier 2, the ICA Chum Salmon Savings Area 
closures announced on Thursdays must be closed through 6 p.m. Alaska 
local time on the following Tuesday. Vessels in a cooperative assigned 
to Tier 1 may operate in any area designated as an ICA Chum Salmon 
Savings Area.
    (E) Cooperative tier assignments. Initial and subsequent base rate 
calculations must be based on each cooperative's pollock catch for the 
prior two weeks and the associated bycatch of non-Chinook salmon taken 
by its members. Base rate calculations shall include non-Chinook salmon 
bycatch and pollock caught in both the CDQ and non-CDQ pollock directed 
fisheries. Cooperatives with non-Chinook salmon bycatch rates of less 
than 75 percent of the base rate shall be assigned to Tier 1. 
Cooperatives with non-Chinook salmon bycatch rates of equal to or 
greater than 75 percent, but less than or equal to 125 percent of the 
base rate

[[Page 664]]

shall be assigned to Tier 2. Cooperatives with non-Chinook salmon 
bycatch rates of greater than 125 percent of the base rate shall be 
assigned to Tier 3.
    (iv) Internal monitoring and enforcement provisions to ensure 
compliance of fishing activities with the provisions of the ICA. The ICA 
must include provisions allowing any party of the ICA to bring civil 
suit or initiate a binding arbitration action against another party for 
breach of the ICA. The ICA must include minimum annual uniform 
assessments for any violation of savings area closures of $10,000 for 
the first offense, $15,000 for the second offense, and $20,000 for each 
offense thereafter.
    (v) Provisions requiring the parties to conduct an annual compliance 
audit, and to cooperate fully in such audit, including providing 
information required by the auditor. The compliance audit must be 
conducted by a non-party entity, and each party must have an opportunity 
to participate in selecting the non-party entity. If the non-party 
entity hired to conduct a compliance audit discovers a previously 
undiscovered failure to comply with the terms of the ICA, the non-party 
entity must notify all parties to the ICA of the failure to comply and 
must simultaneously distribute to all parties of the ICA the information 
used to determine the failure to comply occurred and must include such 
notice(s) in the compliance report.
    (vi) Provisions requiring data dissemination in certain 
circumstances. If the entity retained to facilitate vessel bycatch 
avoidance behavior and information sharing under paragraph (g)(2)(i)(C) 
of this section determines that an apparent violation of an ICA Chum 
Salmon Savings Area closure has occurred, that entity must promptly 
notify the Board of Directors of the cooperative to which the vessel 
involved belongs. If this Board of Directors fails to assess a minimum 
uniform assessment within 180 days of receiving the notice, the 
information used by the entity to determine if an apparent violation was 
committed must be disseminated to all parties to the ICA.
    (3) NMFS review of the proposed ICA and amendments. NMFS will 
approve the initial or an amended ICA if it meets all the requirements 
specified in paragraph (g) of this section. If NMFS disapproves a 
proposed ICA, the ICA representative may resubmit a revised ICA or file 
an administrative appeal as set forth under the administrative appeals 
procedures described at Sec. 679.43.
    (4) ICA Annual Report. The ICA representative must submit a written 
annual report to the Council at the address specified in Sec. 
679.61(f). The Council will make the annual report available to the 
public.
    (i) Submission deadline. The ICA annual report must be postmarked or 
received by the Council by April 1 of each year following the year in 
which the ICA is first effective.
    (ii) Information requirements. The ICA annual report must contain 
the following information:
    (A) An estimate of the number of non-Chinook salmon avoided as 
demonstrated by the movement of fishing effort away from Chum Salmon 
Savings Areas, and
    (B) The results of the compliance audit required at Sec. 
679.21(g)(2)(v).

[61 FR 31230, June 19, 1996]

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



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

[[Page 665]]

of the baseline used to measure the territorial sea around islands named 
Round Island and The Twins, as shown on National Ocean Survey Chart 
16315, and around Cape Pierce (58[deg]33[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 directed fishing 
for Pollock CDQ.
    (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[sec] N lat./
166[deg]57[min]00[sec] W long.) to Cape Tanak (53[deg]33[min]50[sec] N 
lat./168[deg]00[min]00[sec] 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[sec] W 
long./55[deg]46[min]30[sec] N lat., 165[deg]08[min]00[sec] W long./
54[deg]42[min]9[sec] N lat., 165[deg]40[min]00[sec] W long./
54[deg]26[min]30[sec] N lat., 166[deg]12[min]00[sec] W long./
54[deg]18[min]40[sec] N lat., and 167[deg]0[min]00[sec] W long./
54[deg]8[min]50[sec] 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.

[[Page 666]]

    (vii) Steller sea lion conservation area (SCA)--(A) General. 
Directed fishing for 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.

[[Page 667]]

    (9) Nearshore Bristol Bay Trawl Closure. Directed fishing for 
groundfish by vessels using trawl gear in Bristol Bay, as described in 
the current edition of NOAA chart 16006, is closed at all times in the 
area east of 162[deg]00[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. Directed fishing for pollock by 
vessels using trawl gear 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)). Vessels directed fishing for pollock in 
the BS, including pollock CDQ, and operating under a non-Chinook salmon 
bycatch reduction ICA approved under Sec. 679.21(g) are exempt from 
closures in the Chum Salmon Savings Area.
    (11) [Reserved]
    (12) Alaska Seamount Habitat Protection Areas. No federally 
permitted vessel may fish with bottom contact gear in the Alaska 
Seamount Habitat Protection Areas, as described in Table 22 to this 
part.
    (13) Aleutian Islands Coral Habitat Protection Areas. No federally 
permitted vessel may fish with bottom contact gear in the Aleutian 
Islands Coral Habitat Protection Areas, as described in Table 23 to this 
part.
    (14) Aleutian Islands Habitat Conservation Area. Except within those 
areas identified as opened to nonpelagic trawl gear fishing in Table 24 
to this part, no federally permitted vessel may fish with nonpelagic 
trawl gear in the Aleutian Islands Habitat Conservation Area, as 
described in Table 24 to this part.
    (15) Bowers Ridge Habitat Conservation Zone. No federally permitted 
vessel may fish with mobile bottom contact gear in the Bowers Ridge 
Habitat Conservation Zone, as described in Table 25 to this part.
    (16) Bering Sea Habitat Conservation Area. No federally permitted 
vessel may fish with nonpelagic trawl gear in the Bering Sea Habitat 
Conservation Area specified at Table 42 and Figure 16 to this part.
    (17) Northern Bering Sea Research Area. No federally permitted 
vessel may fish with nonpelagic trawl gear in the Northern Bering Sea 
Research Area specified at Table 43 and Figure 17 to this part.
    (18) Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat 
Conservation Area. No federally permitted vessel may fish with 
nonpelagic trawl gear in the Nunivak Island, Etolin Strait, and 
Kuskokwim Bay Habitat Conservation Area specified at Table 44 and Figure 
21 to this part.
    (19) St. Lawrence Island Habitat Conservation Area. No federally 
permitted vessel may fish with nonpelagic trawl gear in the St. Lawrence 
Island Habitat Conservation Area specified at Table 45 to this part.
    (20) St. Matthew Island Habitat Conservation Area. No federally 
permitted vessel may fish with nonpelagic trawl gear in the St. Matthew 
Island Habitat Conservation Area specified at Table 46 to this part.
    (b) GOA--(1) Kodiak Island, trawls other than pelagic trawls --(i) 
Type I closures. No person may trawl in waters of the EEZ within the 
vicinity of Kodiak Island, as shown in Figure 5 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 unless otherwise 
closed to trawling.
    (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 zones around selected sites. These sites are listed 
in Table 4 of this part and

[[Page 668]]

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) [Reserved]
    (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) Sitka Pinnacles Marine Reserve.(i) No FFP holder may fish for 
groundfish in the Sitka Pinnacles Marine Reserve, and no vessel named on 
an FFP may be anchored in the Sitka Pinnacles Marine Reserve, as 
described in Figure 18 to this part.
    (ii) No person fishing under an IFQ halibut permit may fish for 
halibut and no person fishing under an IFQ sablefish permit may fish for 
sablefish in the Sitka Pinnacles Marine Reserve; and no vessel with an 
IFQ permit holder or IFQ hired master permit holder onboard may be 
anchored in the Sitka Pinnacles Marine Reserve, as described in Figure 
18 to this part.
    (6) Chiniak Gully Research Area (Applicable through December 31, 
2010)--(i) Description of Chiniak Gully Research Area. The Chiniak Gully 
Research Area, as shown in Figure 22 to this part, is defined as the 
waters bounded by straight lines connecting the coordinates in the order 
listed:
    57[deg]48.60 N lat., 152[deg]22.20 W long.;
    57[deg]48.60 N lat., 151[deg]51.00 W long.;
    57[deg]13.20 N lat., 150[deg]38.40 W long.;
    56[deg]58.80 N lat., 151[deg]16.20 W long.;
    57[deg]37.20 N lat., 152[deg]09.60 W long.; and hence 
counterclockwise along the shoreline of Kodiak Island to 57[deg]48.60 N 
lat., 152[deg]22.20 W long.
    (ii) Closure. (A) No vessel named on a Federal fisheries permit 
issued pursuant to Sec. 679.4(b) shall deploy trawl gear for purposes 
of either fishing, or of testing gear under Sec. 679.24(d)(2), within 
the Chiniak Gully Research Area at any time from August 1 through 
September 20.
    (B) If the Regional Administrator makes a determination that the 
relevant research activities have been completed for a particular year 
or will not be conducted that year, the Regional Administrator shall 
publish notification in the Federal Register rescinding the Chiniak 
Gully Research Area trawl closure, described in paragraph (b)(6)(i) of 
this section, for that year.
    (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.).
    (8) Alaska Seamount Habitat Protection Areas. No federally permitted 
vessel may fish with bottom contact gear in the Alaska Seamount Habitat 
Protection Areas, as described in Table 22 to this part.
    (9) Gulf of Alaska Coral Habitat Protection Areas. No federally 
permitted vessel may fish with bottom contact gear in the Gulf of Alaska 
Coral Habitat Protection Areas, as described in Table 26 to this part.
    (10) Gulf of Alaska Slope Habitat Conservation Areas. No federally 
permitted vessel may fish with nonpelagic trawl gear in the Gulf of 
Alaska Slope Habitat Conservation Areas, as described in Table 27 to 
this part.
    (c) Directed fishing closures. See Sec. 679.20(d) and Sec. 
679.20(i).
    (d) Groundfish as prohibited species closures. See Sec. 679.20(d).
    (e) Overfishing closures. See Sec. 679.20(d).
    (f) Prohibited species closures. See Sec. 679.21.
    (g) [Reserved]
    (h) CDQ fisheries closures. See Sec. 679.7(d)(8) for time and area 
closures that apply to the CDQ fisheries once the non-Chinook salmon PSQ 
and the crab PSQs have been reached.

[61 FR 31230, June 19, 1996]

[[Page 669]]


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



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., March 10;
    (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., October 1; 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 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 subarea by 
inshore, offshore

[[Page 670]]

catcher/processor, and mothership components, in the AI directed pollock 
fishery, 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 
subarea, directed fishing for pollock in the AI directed pollock 
fishery, or directed fishing for CDQ pollock in the BSAI 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 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 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
    (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

[[Page 671]]

    (B) B season. From 1200 hours, A.l.t., September 1 through 2400 
hours, A.l.t., December 31.
    (iv) Jig gear. Subject to other provisions of this part, directed 
fishing for CDQ and non-CDQ Pacific cod with jig gear is authorized only 
during the following three seasons:
    (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, 
A.l.t., April 30;
    (B) B season. From 1200 hours, A.l.t., April 30 through 1200 hours, 
A.l.t., August 31;
    (C) C season. From 1200 hours, A.l.t., August 31 through 2400 hours, 
A.l.t., December 31.
    (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 permit and unused IFQ in the account on 
which the permit was issued.
    (3) Catches of sablefish in excess of the maximum retainable bycatch 
amounts and catches made without IFQ must be treated in the same manner 
as prohibited species as defined at Sec. 679.21(b).
    (h) Stand down requirements for trawl catcher vessels transiting 
between the BSAI and GOA.

------------------------------------------------------------------------
                                     You are
    If you own or operate a      prohibited from
  catcher vessel and fish for      subsequently          Until* * *
 groundfish with trawl gear in   deploying trawl
           the* * *              gear in the* * *
------------------------------------------------------------------------
(1) BSAI while pollock or       Western and        1200 hours A.l.t. on
 Pacific cod is open to          Central 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).

[[Page 672]]

[GRAPHIC] [TIFF OMITTED] TR02JA03.006


[61 FR 31230, June 19, 1996]

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



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 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

[[Page 673]]

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. 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).
    (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.
    (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 program for vessels fishing with hook-and-line 
gear--(1) Applicability. The operator of a vessel that is longer than 26 
ft (7.9 m) LOA fishing with hook-and-line gear must comply with the 
seabird avoidance requirements as specified in paragraphs (e)(2) and 
(e)(3) of this section while fishing for any of the following species:
    (i) IFQ halibut or CDQ halibut.
    (ii) IFQ sablefish.
    (iii) Groundfish in the EEZ off Alaska.
    (2) Seabird Avoidance Requirements. The operator of a vessel 
described in paragraph (e)(1) of this section must:
    (i) Gear onboard. Have onboard the vessel the seabird avoidance gear 
as specified in paragraph (e)(3) of this section;
    (ii) Gear inspection. Upon request by an authorized officer or 
observer, make the seabird avoidance gear available for inspection;
    (iii) Gear use. Use seabird avoidance gear as specified in paragraph 
(e)(3) of

[[Page 674]]

this section that meets standards as specified in paragraph (e)(4) of 
this section, while hook-and-line gear is being deployed.
    (iv) Sink baited hooks. Use hooks that when baited, sink as soon as 
they are put in the water.
    (v) Offal discharge. (A) If offal is discharged while gear is being 
set or hauled, discharge offal 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.
    (B) Remove hooks from any offal that is discharged.
    (C) Eliminate directed discharge through chutes or pipes of residual 
bait or offal from the stern of the vessel while setting gear. This does 
not include baits falling off the hook or offal discharges from other 
locations that parallel the gear and subsequently drift into the wake 
zone well aft of the vessel.
    (D) For vessels not deploying gear from the stern, eliminate 
directed discharge of residual bait or offal over sinking hook-and-line 
gear while gear is being deployed.
    (vi) Safe release of seabirds. Make every reasonable effort to 
ensure birds brought on board alive are released alive and that, 
wherever possible, hooks are removed without jeopardizing the life of 
the birds.
    (3) Seabird avoidance gear requirements. (See also Table 20 to this 
part.)
    (i) The operator of a vessel identified in paragraph (e)(1) of this 
section must comply with paragraph (e)(3)(ii) or (e)(3)(iii) of this 
section while fishing with hook-and-line gear for groundfish, IFQ 
halibut, CDQ halibut, or IFQ sablefish in Federal waters (EEZ) and for 
IFQ halibut, CDQ halibut, or IFQ sablefish in the State of Alaska 
waters, excluding fishing in:
    (A) NMFS Reporting Area 649 (Prince William Sound);
    (B) State waters of Cook Inlet;
    (C) NMFS Reporting Area 659 (Eastern GOA Regulatory Area; Southeast 
Inside District), but including waters in the areas south of a straight 
line at 56[deg]17.25 N. lat. between Point Harris and Port Armstrong in 
Chatham Strait, State statistical areas 325431 and 325401, and west of a 
straight line at 136[deg]21.17 E. long. from Point Wimbledon extending 
south through the Inian Islands to Point Lavinia; and
    (D) Area 4E with a vessel less than or equal to 55 ft (16.8 m) LOA, 
but including fishing in waters south of 60[deg]00.00 N. lat. and west 
of 160[deg]00.00 W. long.
    (ii) Using other than snap gear,
    (A) A minimum of 1 buoy bag line as specified in paragraph (e)(4)(i) 
of this section must be used by vessels greater than 26 ft (7.9 m) LOA 
and less than or equal to 55 ft (16.8 m) LOA without masts, poles, or 
rigging.
    (B) A minimum of a single streamer line as specified in paragraph 
(e)(4)(ii) of this section must be used by vessels greater than 26 ft 
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, 
poles, or rigging.
    (C) A minimum of a paired streamer line of a standard as specified 
in paragraph (e)(4)(iii) of this section must be used by vessels greater 
than 55 ft (16.8 m) LOA.
    (iii) Using snap gear,
    (A) A minimum of 1 buoy bag line as specified in paragraph (e)(4)(i) 
of this section must be used by vessels greater than 26 ft (7.9 m) LOA 
and less than or equal to 55 ft (16.8 m) LOA without masts, poles, or 
rigging.
    (B) A minimum of a single streamer line as specified in paragraph 
(e)(4)(iv) of this section must be used by vessels greater than 26 ft 
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, 
poles, or rigging.
    (C) A minimum of a single streamer line as specified in paragraph 
(e)(4)(iv) of this section must be used by vessels greater than 55 ft 
(16.8 m) LOA.
    (4) Seabird avoidance gear performance and material standards:
    (i) Buoy bag line weather exception. In winds exceeding 45 knots 
(storm or Beaufort 9 conditions), the use of a buoy bag line is 
discretionary.
    (ii) Single streamer standard. (A) A single streamer line must:
    (1) Be a minimum of 300 feet (91.4 m) in length;
    (2) Have streamers spaced every 16.4 ft (5 m);
    (3) Be deployed before the first hook is set in such a way that 
streamers are in the air for a minimum of 131.2 ft (40

[[Page 675]]

m) aft of the stern and within 6.6 ft (2 m) horizontally of the point 
where the main groundline enters the water.
    (4) Have individual streamers that hang attached to the mainline to 
9.8 in (0.25 m) above the waterline in the absence of wind.
    (5) Have streamers constructed of material that is brightly colored, 
UV-protected plastic tubing or 3/8 inch polyester line or material of an 
equivalent density.
    (B) Weather exception: In winds exceeding 45 knots (storm or 
Beaufort 9 conditions), the use of a single streamer line is 
discretionary.
    (iii) Paired streamer standard: (A) At least one streamer line must 
be deployed before the first hook is set and two streamer lines must be 
fully deployed within 90 seconds.
    (B) Weather exceptions: In conditions of wind speeds exceeding 30 
knots (near gale or Beaufort 7 conditions), but less than or equal to 45 
knots, a single streamer must be deployed from the windward side of the 
vessel. In winds exceeding 45 knots (storm or Beaufort 9 conditions), 
the use of streamer lines is discretionary.
    (C) Streamer lines must:
    (1) Be deployed in such a way that streamers are in the air for a 
minimum of 131.2 ft (40 m) aft of the stern for vessels under 100 ft 
(30.5 m) and 196.9 ft (60 m) aft of the stern for vessels 100 ft (30.5 
m) or over;
    (2) Be a minimum of 300 feet (91.4 m) in length;
    (3) Have streamers spaced every 16.4 ft (5 m);
    (4) For vessels deploying hook-and-line gear from the stern, the 
streamer lines must be deployed from the stern, one on each side of the 
main groundline.
    (5) For vessels deploying gear from the side, the streamer lines 
must be deployed from the stern, one over the main groundline and the 
other on one side of the main groundline.
    (6) Have individual streamers that hang attached to the mainline to 
9.8 in (0.25 m) above the waterline in the absence of wind.
    (7) Have streamers constructed of material that is brightly colored, 
UV-protected plastic tubing or 3/8 inch polyester line or material of an 
equivalent density.
    (iv) Snap gear streamer standard: (A) For vessels using snap gear, a 
single streamer line must:
    (1) Be deployed before the first hook is set in such a way that 
streamers are in the air for 65.6 ft (20 m) aft of the stern and within 
6.6 ft (2 m) horizontally of the point where the main groundline enters 
the water.
    (2) Have a minimum length of 147.6 ft (45 m).
    (B) Weather exception: In winds exceeding 45 knots (storm or 
Beaufort 9 conditions), the use of a single streamer line is 
discretionary.
    (v) Weather safety standard. The use of seabird avoidance devices 
required by paragraph (e)(3) of this section is discretionary for 
vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft 
(16.8 m) LOA in conditions of wind speeds exceeding 30 knots (near gale 
or Beaufort 7 conditions).
    (5) Other methods. Any of the following measures or methods must be 
accompanied by the applicable seabird avoidance gear requirements as 
specified in paragraph (e)(3) of this section:
    (i) Night-setting.
    (ii) Line shooter.
    (iii) Lining tube.
    (6) Seabird avoidance exemption.
    Nothwithstanding any other paragraph in this part, operators of 
vessels 32 ft (9.8 m) LOA or less using hook-and-line gear in IPHC Area 
4E in waters shoreward of the EEZ are exempt from seabird avoidance 
regulations.

[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; 69 FR 1948, Jan. 13, 2004; 71 FR 36703, 
June 28, 2006; 72 FR 71604, Dec. 18, 2007; 73 FR 28738, May 19, 2008; 74 
FR 13358, Apr. 27, 2009]



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.

[[Page 676]]

    (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:
    (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;

[[Page 677]]

    (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:
    (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

[[Page 678]]

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 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 BS pollock fishery and PSD program 
must comply with applicable regulations at Sec. Sec. 679.7(d) and

[[Page 679]]

(k), 679.21(c), and 679.28, including allowing the collection of data 
and biological sampling by an 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, except that processors may convert offal from salmon or 
halibut that has been retained pursuant to the PSD program into fish 
meal, fish oil, or bone meal, and sell or trade these products.
    (4) No prohibited species that has been sorted from a vessel's catch 
or landing may be retained by a vessel or processor, or delivered to a 
delivery location under this section, unless the vessel or processor and 
delivery location is included on the list provided to the Regional 
Administrator under paragraph (b)(1)(xi), (b)(1)(xiii) or (b)(3)(v) of 
this section.

[61 FR 38359, July 24, 1996, as amended at 63 FR 32145, 32146, June 12, 
1998; 65 FR 78121, Dec. 14, 2000; 66 FR 53122, Oct. 19, 2001; 67 FR 
4148, Jan. 28, 2002; 69 FR 52612, Aug. 27, 2004; 75 FR 53067, Aug. 30, 
2010]

    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''. The amendment 
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) Shallow-water flatfish species complex in the GOA as defined in 
the annual harvest specifications for the GOA (beginning January 1, 
2003).
    (4) All species listed in Table 2a to this part for purposes of the 
GRS program described in paragraph (j) of this section, except for 
groundfish in prohibited species status at the end of each reporting 
week.

[[Page 680]]

    (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 board until
  If you own or operate a ...           and ...         lawful transfer
                                                              ...
------------------------------------------------------------------------
(i) Catcher vessel.............  (A) Directed fishing  all fish of that
                                  for an IR/IU          species brought
                                  species is open.      on board the
                                                        vessel.
                                 (B) Directed fishing  all fish of that
                                  for an IR/IU          species brought
                                  species is            on board the
                                  prohibited.           vessel up to the
                                                        MRA for that
                                                        species.
                                 (C) Retention of an   no fish of that
                                  IR/ IU species is     species.
                                  prohibited.
(ii) Catcher/processor.........  (A) Directed fishing  a primary product
                                  for an IR/IU          from all fish of
                                  species is open.      that species
                                                        brought on board
                                                        the vessel.
                                 (B) Directed fishing  a primary product
                                  for an IR/IU          from all fish of
                                  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 MRA for that
                                                        species.
                                 (C) Retention of an   no fish or
                                  IR/IU species is      product of that
                                  prohibited.           species.
(iii) Mothership...............  (A) Directed fishing  a primary product
                                  for an IR/IU          from all fish of
                                  species is open.      that species
                                                        brought on board
                                                        the vessel
                                 (B) Directed fishing  a primary product
                                  for an IR/IU          from all fish of
                                  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 MRA for that
                                                        species.
                                 (C) Retention of an   no fish or
                                  IR/IU species is      product of that
                                  prohibited.           species.
------------------------------------------------------------------------

    (d) Bleeding codends and shaking longline gear. Any action intended 
to discard or release an IR/IU species prior to being brought on board 
the vessel is prohibited. This includes, but is not limited to bleeding 
codends and shaking or otherwise removing fish from longline gear.
    (e) At-sea discard of product. Any product from an IR/IU species may 
not be discarded at sea, unless such discarding is necessary to meet 
other requirements of this part.
    (f) Discard of fish or product transferred from other vessels. The 
retention requirements of this section apply to all IR/IU species 
brought on board a vessel, whether harvested by that vessel or 
transferred from another vessel. At-sea discard of IR/IU species or 
products that were transferred from another vessel is prohibited.
    (g) IR/IU species as bait. IR/IU species may be used as bait 
provided that the deployed bait is physically secured to authorized 
fishing gear. Dumping of unsecured IR/IU species as bait (chumming) is 
prohibited.
    (h) Previously caught fish. The retention and utilization 
requirements of this section do not apply to incidental catch of dead or 
decomposing fish or fish parts that were previously caught and discarded 
at sea.
    (i) Minimum utilization requirements. If you own or operate a 
catcher/processor or mothership, the minimum utilization requirement for 
an IR/IU species harvested in the BSAI is determined by the directed 
fishing status for that species according to the following table:

------------------------------------------------------------------------
                                              then your total weight of
                                                retained or lawfully
                                                transferred products
                   If...                     produced from your catch or
                                                receipt of that IR/IU
                                              species during a fishing
                                                    trip must...
------------------------------------------------------------------------
(1) directed fishing for an IR/IU species   equal or exceed 15 percent
 is open,                                    of the round-weight catch
                                             or round-weight delivery of
                                             that species during the
                                             fishing trip.
(2) directed fishing for an IR/IU species   equal or exceed 15 percent
 is prohibited,                              of the round-weight catch
                                             or round-weight delivery of
                                             that species during the
                                             fishing trip or 15 percent
                                             of the MRA for that
                                             species, whichever is
                                             lower.
(3) retention of an IR/IU species is        equal zero.
 prohibited,
------------------------------------------------------------------------

    (j) Groundfish retention standard. (Effective January 20, 2008)--(1) 
Applicability. (i) The operator of a catcher/processor not listed in 
Sec. 679.4(1)(2)(i), not assigned to an Amendment 80 cooperative, and 
using trawl gear in the BSAI must comply with the GRS set

[[Page 681]]

forth under paragraph (j)(4) of this section while fishing for or 
processing groundfish caught from the BSAI from January 1 through 
December 31 of each year.
    (ii) An Amendment 80 cooperative and the members of an Amendment 80 
cooperative must comply with the GRS set forth under paragraph (j)(4) of 
this section while fishing for or processing groundfish caught from the 
BSAI from January 1 through December 31 of each year.
    (iii) No part of the GRS supersedes minimum retention or utilization 
requirements for IR/IU species found in this section.
    (2) Percent of groundfish retained calculation for a catcher/
processor not in an Amendment 80 cooperative. For any fishing year, the 
percent of groundfish retained by each catcher/processor not listed in 
Sec. 679.4(l)(2)(i), not assigned to an Amendment 80 cooperative, and 
using trawl gear in the BSAI will be calculated using the following 
equations:
[GRAPHIC] [TIFF OMITTED] TR14SE07.002

    Substituting the value for GFroundweight into the following 
equation:

GFR% = (GFroundweight / TotalGF) \*\ 100

Where:

GFroundweight is the total annual round weight equivalent of all 
retained product weights for each IR/IU groundfish species.
PWspeciesn is the total annual product weight for each 
groundfish species listed in Table 2a to this part by product type as 
reported in the vessel's production report required at Sec. 
679.5(e)(10).
PRRspeciesn is the standard product recovery rate for each 
groundfish species and product combination listed in Table 3 to this 
part.
GFR% is the groundfish retention percentage for a vessel calculated as 
GFroundweight divided by the total weight of groundfish catch.
TotalGF is the total groundfish round catch weight as measured by the 
flow scale measurement, less any non-groundfish, PSC species or 
groundfish species on prohibited species status under Sec. 679.20.

    (3) Percent of groundfish retained calculation for an Amendment 80 
cooperative. For each Amendment 80 cooperative, for any fishing year, 
the percent of groundfish retained by that Amendment 80 cooperative is 
based on the aggregate groundfish retained by all Amendment 80 vessels 
assigned to that Amendment 80 cooperative and will be calculated using 
the following equations:
[GRAPHIC] [TIFF OMITTED] TR14SE07.003

    Substituting the value for GFroundweight into the following 
equation:

GFR% = (GFroundweight / TotalGF) \*\ 100

Where:

GFroundweight is the total annual round weight equivalent of all 
retained product weights retained by all Amendment 80 vessels assigned 
to that Amendment 80 cooperative for each IR/IU groundfish species.
PWspeciesn is the total annual product weight for each 
groundfish species listed in Table 2a to this part by product type as 
reported in the vessel's production report for all Amendment 80 vessels 
assigned to that Amendment 80 cooperative required at Sec. 679.5(e).
PRRspeciesn is the standard product recovery rate for each 
groundfish species and

[[Page 682]]

product combination listed in Table 3 to this part.
GFR% is the groundfish retention percentage for an Amendment 80 
cooperative calculated as GFroundweight divided by the total weight of 
groundfish catch.
TotalGF is the total groundfish round catch weight for all Amendment 80 
vessels assigned to that Amendment 80 cooperative as measured by the 
flow scale measurement, less any non-groundfish, PSC species or 
groundfish species on prohibited species status under Sec. 679.20.

    (4) Minimum groundfish retention standard. An Amendment 80 
cooperative or a catcher/processor not listed in Sec. 679.4(l)(2)(i), 
not assigned to an Amendment 80 cooperative, and using trawl gear in the 
BSAI must comply with the annual minimum groundfish retention standard 
requirements displayed in the following table:

                      Groundfish Retention Standard
------------------------------------------------------------------------
                                                              Annual GRS
                            Year                              (percent)
------------------------------------------------------------------------
2008.......................................................           65
2009.......................................................           75
2010.......................................................           80
2011 and each year after...................................           85
------------------------------------------------------------------------

    (5) Monitoring requirements--(i) Observer coverage requirements. In 
addition to complying with minimum observer coverage requirements at 
Sec. 679.50(c), the owner of an Amendment 80 vessel or any other 
catcher/processor not listed in Sec. 679.4(l)(2)(i) and using trawl 
gear in the BSAI, must comply with observer coverage requirements as 
described at Sec. Sec. 679.50(c)(6), and 679.7(m)(3) at all times the 
vessel is used to harvest groundfish in the BSAI with trawl gear.
    (ii) Catch weighing. For each haul, all catch by an Amendment 80 
vessel or any other catcher/processor not listed in Sec. 679.4(l)(2)(i) 
and using trawl gear in the BSAI must be weighed on a NMFS-approved 
scale and made available for sampling by a NMFS certified observer at a 
single location. The owner or operator of an Amendment 80 vessel or a 
catcher/processor not listed in Sec. 679.4(l)(2)(i) and using trawl 
gear in the BSAI must ensure that the vessel is in compliance with the 
scale requirements described at Sec. 679.28(b), that each haul is 
weighed separately, and that no sorting of catch takes place prior to 
weighing. All weighed catch must be recorded as required at Sec. 679.5.
    (iii) Observer sampling station. The owner or operator of an 
Amendment 80 vessel or any other catcher/processor not listed in Sec. 
679.4(l)(2)(i) and using trawl gear in the BSAI must provide an observer 
sampling station as described at Sec. 679.28(d) and the owner of the 
vessel must ensure that the vessel operator complies with the observer 
sampling station requirements described at Sec. 679.28(d) at all times 
the vessel is used to harvest groundfish in the BSAI. In addition to the 
requirements at Sec. 679.28(d)(8)(i), observers must be able to sample 
all catch from a single point along the conveyer belt conveying unsorted 
catch, and when standing where unsorted catch is collected, the observer 
must be able to see that no catch has been removed between the bin and 
the location along the conveyer belt at which the observers collect 
their samples.
    (6) Requirements for vessels that also harvest groundfish outside of 
the BSAI. The operator of an Amendment 80 vessel, or any other vessel 
required to comply with paragraph (j) of this section, must offload or 
transfer all fish or fish product prior to harvesting fish outside the 
BSAI, unless the operator of the vessel is in compliance with the 
recordkeeping and reporting and monitoring requirements described at 
Sec. 679.5 of this section at all times the vessel harvests or 
processes groundfish outside the BSAI.
    (7) Requirements for vessels receiving deliveries of unsorted catch. 
The owner or operator of an Amendment 80 vessel, or any other vessel 
required to comply with this paragraph (j) at any time during a fishing 
year and who also receives deliveries of unsorted catch at any time 
during a fishing year must comply with paragraph (j)(5) of this section 
while processing deliveries of unsorted catch.

[62 FR 63890, Dec. 3, 1997, as amended at 62 FR 65381, Dec. 12, 1997; 68 
FR 52144, Sept. 2, 2003; 69 FR 32903, June 14, 2004; 71 FR 17381, Apr. 
6, 2006; 72 FR 52722, Sept. 14, 2007; 73 FR 76166, Dec. 15, 2008; 74 FR 
62508, Nov. 30, 2009; 75 FR 53069, Aug. 30, 2010]

[[Page 683]]



Sec. 679.28  Equipment and operational requirements.

    (a) Applicability. This section contains the operational 
requirements for scales, observer sampling stations, bins for volumetric 
estimates, vessel monitoring system hardware, catch monitoring and 
control plan, and catcher vessel electronic logbook software. The 
operator or manager must retain a copy of all records described in this 
section (Sec. 679.28) as indicated at Sec. 679.5(a)(5) and (6) and 
make available the records upon request of NMFS observers and authorized 
officers as indicated at Sec. 679.5(a)(5).
    (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 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.

[[Page 684]]

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.
    (v) Exceptions. A scale manufacturer or their representative may 
request that NMFS approve a custom built automatic hopper scale under 
the following conditions:
    (A) The scale electronics are the same as those used in other scales 
on the Regional Administrator's list of scales eligible for approval;
    (B) Load cells have received Certificates of Conformance from NTEP 
or OIML;
    (C) The scale compensates for motion in the same manner as other 
scales made by that manufacturer which have been listed on the Regional 
Administrator's list of scales eligible for approval;
    (D) The scale, when installed, meets all of the requirements set 
forth in paragraph 3 of appendix A to this part, except those 
requirements set forth in paragraph 3.2.1.1.
    (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 and approvals? Scales must 
be inspected and approved by a NMFS-staff scale inspector or an 
inspector designated by NMFS and trained by a NMFS-staff scale 
inspector.
    (iv) How does a vessel owner arrange for a scale inspection? The 
operator must submit a request for a scale inspection at least 10 
working days in advance of the requested date of inspection by filing a 
request online or by printing and faxing the scale inspection request at 
http://alaskafisheries.noaa.gov/scales/default.htm.
    (v) [Reserved]
    (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 the scale 
inspector.
    (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.

[[Page 685]]

    (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 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

[[Page 686]]

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 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)(5)(ii).
    (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

[[Page 687]]

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

    (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

[[Page 688]]

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)(8)(ii)(B) of this section, 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)(8)(ii)(A) of this section. 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 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) Catcher/processors and motherships in the BS pollock fishery, 
including pollock CDQ. Catcher/processors directed fishing for pollock 
in the BS or motherships taking deliveries from vessels directed fishing 
for pollock in the BS also must meet the following requirements:
    (i) A container to store salmon must be located adjacent to the 
observer sampling station;
    (ii) All salmon stored in the container must remain in view of the 
observer at the observer sampling station at all times during the 
sorting of each haul; and
    (iii) The container to store salmon must be at least 1.5 cubic 
meters.
    (8) 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

[[Page 689]]

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.
    (9) 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 observer sampling station 
inspection? The owner may arrange the inspection time and place by 
submitting to NMFS by fax (206-526-4066) or e-mailing 
([email protected]) an Inspection Request for Observer 
Sampling Station available on the NMFS Alaska Region Web site at http://
www.fakr.noaa.gov. Inspections will be scheduled no later than 10 
working days after NMFS receives a complete application for an 
inspection. The owner must provide the following information:
    (A) Name and signature of the person submitting the application, and 
the date of the application.
    (B) Business mailing 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 and name of contact person on vessel.
    (E) Federal fishery permit number.
    (F) Location of vessel where sampling station inspection is 
requested to occur, including street address and city.
    (G) Requested inspection date.
    (H) 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 including the observer 
sampling scale. For catcher/processors directed fishing for pollock in 
the BS or motherships taking deliveries from catcher vessels directed 
fishing for pollock in the BS, including pollock CDQ, the diagram also 
must include the location of the last point of sorting in the factory 
and the location of the salmon storage container required under 
paragraph (d)(7) of this section.
    (I) 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.
    (J) For all vessels, a copy of the most recent scale inspection 
report issued under paragraph (b)(2) of this section.

[[Page 690]]

    (ii) Where will observer sample station inspections be conducted? 
Inspections will be conducted on vessels tied up at docks in Kodiak, 
Alaska, Dutch Harbor, Alaska, and in the Puget Sound area of Washington 
State.
    (iii) Observer sampling station inspection report. An observer 
sampling station inspection report, valid for 12 months from the date it 
is signed by NMFS, will be issued to the vessel owner if the observer 
sampling station meets the requirements in this paragraph (d). The 
vessel owner must maintain a current observer sampling station 
inspection report on board the vessel at all times when the vessel is 
required to provide an observer sampling station approved for use under 
this paragraph (d). The observer sampling station inspection report must 
be made available to the observer, NMFS personnel, or to an authorized 
officer upon request.
    (e) Certified bins for volumetric estimates of catch weight--(1) 
Certification. The information required in this paragraph (e) must be 
prepared, dated, and signed by a licensed engineer with no financial 
interest in fishing, fish processing, or fish tendering vessels. 
Complete bin certification documents must be submitted to the Regional 
Administrator prior to harvesting or receiving groundfish from a fishery 
in which certified bins are required and must be on board the vessel and 
available to the observer at all times.
    (2) Specifications--(i) Measurement and marking. The volume of each 
bin must be determined by accurate measurement of the internal 
dimensions of the bin. The internal walls of the bin must be permanently 
marked and numbered in 10-cm increments indicating the level of fish in 
the bin in cm. All marked increments and numerals must be readable from 
the outside of the bin through a viewing port or hatch at all times. 
Marked increments are not required on the wall in which the viewing port 
is located, unless such increments are necessary to determine the level 
of fish in the bin from another viewing port. Bins must be lighted in a 
manner that allows marked increments to be read from the outside of the 
bin by an observer or authorized officer. For bin certification 
documents dated after July 6, 1998, the numerals at the 10-cm increment 
marks must be at least 4 cm high.
    (ii) Viewing ports. Each bin must have a viewing port or ports from 
which the internal bin markings and numerals on all walls of the bin can 
be seen from the outside of the bin, except that bin markings and 
numerals are not required on the wall in which the viewing port is 
placed, if that wall cannot be seen from any other viewing port in the 
bin.
    (3) Information required. For bin certification documents submitted 
after July 6, 1998, the person certifying the bins must provide:
    (i) The vessel name;
    (ii) The date the engineer measured the bins and witnessed the 
location of the marked increments and numerals;
    (iii) A diagram, to scale, of each bin showing the location of the 
marked increments on each internal wall of the bin, the location, and 
dimensions of each viewing port or hatch, and any additional information 
needed to estimate the volume of fish in the bin;
    (iv) Tables indicating the volume of each certified bin in cubic 
meters for each 10-cm increment marked on the sides of the bins;
    (v) Instructions for determining the volume of fish in each bin from 
the marked increments and table; and
    (vi) The person's name and signature and the date on which the 
completed bin certification documents were signed.
    (4) Recertification. The bin's volume and the marked and numbered 
increments must be recertified if the bin is modified in a way that 
changes its size or shape or if marking strips or marked increments are 
moved or added.
    (5) Operational requirements--(i) Placement of catch in certified 
bins. All catch must be placed in a bin certified under this paragraph 
(e) to estimate total catch weight prior to sorting. Refrigerated 
seawater tanks may be used for volumetric estimates only if the tanks 
comply with all other requirements of this paragraph (e). No adjustments 
of 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

[[Page 691]]

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:
    (A) Informed by NMFS staff or an authorized officer that NMFS is not 
receiving position reports from the VMS transmitter, or
    (B) The vessel operator determines that the VMS is not transmitting 
properly.
    (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) Register the vessel's VMS unit with an appropriate service 
provider;
    (ii) Use VMS check-in report to contact OLE by fax at 907-586-7703 
and provide the date (mm/dd/yyyy), vessel name, USCG documentation 
number, FFP number or Federal crab vessel permit number, name and 
telephone number of contact person, and VMS transmitter ID or serial 
number; and
    (iii) Call OLE 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? A vessel owner who must use a VMS and who intends to 
replace a transmitter, must follow the reporting and confirmation 
procedure for the replacement transmitter, as described in paragraph 
(f)(4) of this section.

[[Page 692]]

    (6) When must the VMS transmitter be transmitting? Your vessel's 
transmitter must be transmitting if:
    (i) You operate a vessel 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.
    (ii) You operate a vessel required to be federally permitted in 
reporting areas located in the Aleutian Islands subarea or operate a 
federally permitted vessel in adjacent State waters;
    (iii) You operate a vessel required to be federally permitted with 
non-pelagic trawl or dredge gear onboard in reporting areas located in 
the GOA or operate a federally permitted vessel with non-pelagic trawl 
or dredge gear onboard in adjacent State waters; or
    (iv) When that vessel is required to use functioning VMS equipment 
in the Rockfish Program as described in Sec. 679.7(n)(3).
    (g) Catch monitoring and control plan requirements (CMCP)--(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)(7) of this section.
    (2) Who is required to prepare and submit a CMCP for approval? The 
owner and manager of shoreside or stationary floating processors 
receiving fish harvested in the following fisheries must prepare, 
submit, and have approved a CMCP prior to the receipt of fish harvested 
in these fisheries:
    (i) AFA and CDQ pollock,
    (ii) AI directed pollock,
    (iii) Rockfish Program, unless those fish are harvested under the 
entry level rockfish fishery as described under Sec. 679.83.
    (3) How is a CMCP approved by NMFS? NMFS will approve a CMCP if it 
meets all the requirements specified in paragraph (g)(7) 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)(7) 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 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

[[Page 693]]

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.
    (C) For shoreside processors or stationary floating processors 
taking deliveries from vessels directed fishing for pollock in the BS, 
including vessels directed fishing for pollock CDQ in the BS, the 
observation area must provide a clear, unobstructed view of the salmon 
storage container to ensure no salmon of any species are removed without 
the observer's knowledge.
    (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. (1) The observer work station 
must be located in an area protected from the weather where the observer 
has access to unsorted catch.
    (2) For shoreside processors or stationary floating processors 
taking deliveries from vessels directed fishing for pollock in the BS, 
including vessels directed fishing for pollock CDQ in the BS, the 
observer work station must be adjacent to the location where salmon will 
be counted and biological samples or scientific data are collected.
    (B) Platform scale. The observer work station must include a 
platform scale as described in paragraph (c)(4) of this section;
    (C) Proximity of observer work station. The observation area must be 
located near the observer work station. The

[[Page 694]]

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 and providing a copy of the 
approved CMCP;
    (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;
    (E) Each location where catch is sorted including the last location 
where sorting could occur; and
    (F) For shoreside processors or stationary floating processors 
taking deliveries from vessels directed fishing for BS pollock, 
including vessels directed fishing for pollock CDQ in the BS, the 
location of the salmon storage container.
    (h) ELB software--(1) How do I get my ELB software approved by 
NMFS?--(i) Specifications. NMFS will provide specifications for ELB 
software upon request. Interested parties may contact NMFS by mail at 
NMFS Alaska Region, Sustainable Fisheries Division, Catch Accounting/
Data Quality, P.O. Box 21668, Juneau, AK 99802-1668; by telephone at 
907-586-7228. The four types of ELB software are:
    (A) Catcher vessel longline or pot gear (see Sec. 679.5(c)(3));
    (B) Catcher/processor longline or pot gear (see Sec. 679.5(c)(3));
    (C) Catcher vessel trawl gear (see Sec. 679.5(c)(4)); and
    (D) Catcher/processor trawl gear (see Sec. 679.5(c)(4)).
    (ii) ELB submittal package. A vendor or developer wishing to have an 
ELB approved by NMFS must submit:
    (A) A fully operational test copy of the software; and
    (B) An application for ELB-approval giving the following information 
(see paragraphs (h)(1)(ii)(B)(1) through (3) of this section):
    (1) Company, contact person, address, telephone number, and fax 
number for the company developing the software;
    (2) Name and type of software; and
    (3) Printed name and signature of individual submitting the software 
for approval.
    (C) Copies of all manuals and documentation for the software.
    (iii) ELB approval. NMFS will approve ELB software within 60 working 
days of receipt of all required information if the software meets the 
following standards in paragraphs (h)(1)(iii)(A) through (H) of this 
section):
    (A) Has fields for the entry of all information required for a paper 
DFL or DCPL as described in Sec. 679.5(c)(3) and (4), as appropriate.
    (B) The software must automatically time and date stamp each printed 
copy of the ELB logsheet and ELB discard report and clearly identify the 
first printed copy as an original. If any changes are made to the data 
in the ELB, subsequent printed copies must clearly be identified as 
revised. The software must be designed to prevent the operator from 
overriding this feature.
    (C) The software must export data as an ASCII comma delimited text 
file, xml file, or other format approved by NMFS.
    (D) The software must integrate with the vessel's global positioning 
system

[[Page 695]]

(GPS) to allow vessel location fields to be completed automatically.
    (E) When the software is started, it must clearly show the software 
version number.
    (F) The software must be designed to facilitate the transfer of an 
export file to NMFS as an email attachment.
    (G) The software must be designed to ensure that an operator can 
comply with the requirements for ELB use as described in Sec. 679.5(f).
    (H) The software must include sufficient data validation capability 
to prevent a submitter from accidentally transmitting a data file or 
printing an ELB logsheet that is incomplete or contains clearly 
erroneous data.
    (2) What if I need to make changes to NMFS-approved ELB software?--
(i) NMFS-instigated changes. NMFS will provide the developer with 
information that affects the ELB software as soon as it is available for 
distribution, e.g., changes in species codes or product codes.
    (ii) Developer-instigated changes. The developer must submit a copy 
of the changed software along with documentation describing the need for 
the change to NMFS for review and approval as described in paragraph 
(h)(1)(ii) of this section. NMFS will review and approve the new version 
according to the guidelines set forth in paragraph (h)(1)(iii) of this 
section.
    (iii) NMFS-approved ELB changes. If changes to ELB software are 
approved by NMFS, the developer must:
    (A) Give the revised software a new version number;
    (B) Notify all known ELB users of the software that a new version is 
available; and
    (C) Ensure that the ELB users are provided with a revised copy 
within 15 days of notification.
    (i) Bin monitoring--(1) Bin monitoring standards. The vessel owner 
or operator must comply with the requirements specified in paragraph 
(i)(1)(i) of this section unless the vessel owner or operator has 
requested, and NMFS has approved, one of the monitoring options 
described at paragraph (i)(1)(ii) or (i)(1)(iii) of this section.
    (i) Option 1--No crew in bin or tank. No crew may enter any bin or 
tank preceding the point where the observer samples unsorted catch, 
unless:
    (A) The flow of fish has been stopped between the tank and the 
location where the observer samples unsorted catch;
    (B) All catch has been cleared from all locations between the tank 
and the location where the observer samples unsorted catch;
    (C) The observer has been given notice that the vessel crew must 
enter the tank; and either
    (D) The observer is given the opportunity to observe the activities 
of the person(s) in the tank; or
    (E) The observer informs the vessel operator, or his designee, that 
all sampling has been completed for a given haul, in which case crew may 
enter a tank containing fish from that haul without stopping the flow of 
fish or clearing catch between the tank and the observer sampling 
station.
    (ii) Option 2--Line of sight option. From the observer sampling 
station, the location where the observer sorts and weighs samples, and 
the location from which the observer collects unsorted catch, an 
observer of average height (between 64 and 74 inches (140 and 160 cm)) 
must be able to see all areas of the bin or tank where crew could be 
located preceding the point where the observer samples catch. If clear 
panels are used to comply with this requirement, those panels must be 
maintained sufficiently clear to allow an individual with normal vision 
to read text located two feet inside of the bin or tank. The text must 
be written in 87 point type (corresponding to line four on a standard 
Snellen eye chart) and the text must be readable from the observer 
sampling station, the location where the observer sorts and weighs 
samples, and the location from which the observer collects unsorted 
catch. The observer must be able to view the activities of crew in the 
bin from these locations.
    (iii) Option 3--Video option. A vessel must provide and maintain 
cameras, a monitor, and a digital video recording system for all areas 
of the bin or tank where crew could be located preceding the point where 
the observer collects catch. The vessel owner or operator must ensure 
that:

[[Page 696]]

    (A) The system has sufficient data storage capacity to store all 
video data from an entire trip. Each frame of stored video data must 
record a time/date stamp in Alaska local time (A.l.t.). At a minimum, 
all periods of time when fish are inside the bin must be recorded and 
stored;
    (B) The system must include at least one external USB (1.1 or 2.0) 
port or other removable storage device approved by NMFS;
    (C) The system uses commercially available software;
    (D) Color cameras must have at a minimum 420 TV lines of resolution, 
a lux rating of 0.1, and auto-iris capabilities;
    (E) The video data must be maintained and made available to NMFS 
staff, or any individual authorized by NMFS, upon request. These data 
must be retained onboard the vessel for no less than 120 days after the 
beginning of a trip, unless NMFS has notified the vessel operator that 
the video data may be retained for less than this 120-day period;
    (F) The system provides sufficient resolution and field of view to 
see and read a text sample written in 130 point type (corresponding to 
line two of a standard Snellen eye chart) from any location within the 
tank where crew could be located;
    (G) The system is recording at a speed of no less than 5 frames per 
second at all times when fish are inside the tank;
    (H) A 16-bit or better color monitor, for viewing activities within 
the tank in real time, is provided within the observer sampling station 
(or location where the observer sorts and weighs samples, if 
applicable). The monitor must:
    (1) Have the capacity to display all cameras simultaneously;
    (2) Be operating at all times when fish are in the tank;
    (3) Be securely mounted at or near eye level;
    (4) Provide the same resolution as specified in paragraph 
(i)(1)(iii)(F) of this section.
    (I) The observer is able to view any earlier footage from any point 
in the trip and is assisted by crew knowledgeable in the operation of 
the system in doing so;
    (J) The vessel owner has, in writing, provided the Regional 
Administrator with the specifications of the system. At a minimum, this 
must include:
    (1) The length and width (in pixels) of each image;
    (2) The file type in which the data are recorded;
    (3) The type and extent of compression;
    (4) The frame rate at which the data will be recorded;
    (5) The brand and model number of the cameras used;
    (6) The brand, model, and specifications of the lenses used;
    (7) A scale drawing of the location of each camera and its coverage 
area;
    (8) The size and type of storage device;
    (9) The type, speed, and operating system of any computer that is 
part of the system;
    (10) The individual or company responsible for installing and 
maintaining the system;
    (11) The individual onboard the vessel responsible for maintaining 
the system and working with the observer on its use; and
    (12) Any additional information requested by the Regional 
Administrator.
    (K) Any change to the video system that would affect the system's 
functionality must be submitted to, and approved by, the Regional 
Administrator in writing before that change is made.
    (iv) Failure of line of sight or video option. If the observer 
determines that a monitoring option selected by a vessel owner or 
operator specified in paragraph (i)(1)(ii) or (i)(1)(iii) of this 
section fails to provide adequate monitoring of all areas of the bin 
where crew could be located, then the vessel must use the monitoring 
option specified in paragraph (i)(1)(i) of this section until the 
observer determines that adequate monitoring of all areas of the bin 
where crew could be located is provided by the monitoring option 
selected by the vessel owner or operator.
    (2) Who must have a bin monitoring option inspection? A vessel owner 
or operator choosing to operate under the line

[[Page 697]]

of sight option (option 2) in paragraph (i)(1)(ii) of this section or 
the video option (option 3) in paragraph (i)(1)(iii) of this section 
must receive an annual bin monitoring option inspection.
    (3) How does a vessel owner arrange for a bin monitoring option 
inspection? The owner may arrange the inspection time and place by 
submitting to NMFS by fax (206-526-4066) or e-mail 
([email protected]) an Inspection Request for Bin Monitoring 
available on the NMFS Alaska Region Web site at (http://
www.fakr.noaa.gov). Inspections will be scheduled no later than 10 
working days after NMFS receives a complete application for an 
inspection. The owner must provide the following information:
    (i) Name and signature of the person submitting the application, and 
the date of the application;
    (ii) Business mailing address, telephone number, and fax number of 
the person submitting the application;
    (iii) Whether the vessel has received a bin monitoring option 
inspection before, and if so, the date of the most recent inspection 
report;
    (iv) Vessel name;
    (v) Federal fishery permit number;
    (vi) Location where the inspection is requested to occur, including 
street address and city; and
    (vii) A diagram drawn to scale showing the locations where all catch 
will be weighed and sorted by the observer, the location where unsorted 
catch will be collected, and the location of any video equipment or 
viewing panels or ports.
    (4) Where will bin monitoring option inspections be conducted? 
Inspections will be conducted on vessels tied to docks at Dutch Harbor, 
Alaska, Kodiak, Alaska, and in the Puget Sound area of Washington State.
    (5) Bin monitoring option inspection report. A bin monitoring option 
inspection report, valid for 12 months from the date it is signed by 
NMFS, will be issued to the vessel owner if the bin monitoring option 
meets the requirements of paragraph (i)(1)(ii) or (i)(1)(iii) of this 
section. The vessel owner must maintain a current bin option inspection 
report onboard the vessel at all times the vessel is required to provide 
an approved bin monitoring option under this paragraph (i)(5). The bin 
monitoring option inspection report must be made available to the 
observer, NMFS personnel or to an authorized officer upon request.
    (j) Electronic monitoring on catcher/processors and motherships in 
the BS pollock fishery, including pollock CDQ. The owner or operator of 
a catcher/processor or a mothership must provide and maintain an 
electronic monitoring system that includes cameras, a monitor, and a 
digital video recording system for all areas where sorting of salmon of 
any species takes place and the location of the salmon storage container 
described at paragraph (d)(7) of this section. These electronic 
monitoring system requirements must be met when the catcher/processor is 
directed fishing for pollock in the BS, including pollock CDQ, and when 
the mothership is taking deliveries from catcher vessels directed 
fishing for pollock in the BS, including pollock CDQ.
    (1) What requirements must a vessel owner or operator comply with 
for an electronic monitoring system?
    (i) The system must have sufficient data storage capacity to store 
all video data from an entire trip. Each frame of stored video data must 
record a time/date stamp in Alaska local time (A.l.t.). At a minimum, 
all periods of time when fish are flowing past the sorting area or 
salmon are in the storage container must be recorded and stored.
    (ii) The system must include at least one external USB (1.1 or 2.0) 
port or other removable storage device approved by NMFS.
    (iii) The system must use commercially available software.
    (iv) Color cameras must have at a minimum 470 TV lines of 
resolution, auto-iris capabilities, and output color video to the 
recording device with the ability to revert to black and white video 
output when light levels become too low for color recognition.
    (v) The video data must be maintained and made available to NMFS 
staff, or any individual authorized by NMFS, upon request. These data 
must be retained onboard the vessel for no less than 120 days after the 
date the video is recorded, unless NMFS has notified the vessel operator 
that the

[[Page 698]]

video data may be retained for less than this 120-day period.
    (vi) The system must provide sufficient resolution and field of view 
to observe all areas where salmon could be sorted from the catch, all 
crew actions in these areas, and discern individual fish in the salmon 
storage container.
    (vii) The system must record at a speed of no less than 5 frames per 
second at all times when fish are being sorted or when salmon are stored 
in the salmon storage location.
    (viii) A 16-bit or better color monitor, for viewing all areas where 
sorting of salmon of any species takes place and the salmon storage 
container in real time, must be provided within the observer sampling 
station. The monitor must--
    (A) Have the capacity to display all cameras simultaneously;
    (B) Be operating at all times when fish are flowing past the sorting 
area and salmon are in the storage container; and
    (C) Be securely mounted at or near eye level.
    (ix) NMFS staff, or any individual authorized by NMFS, must be able 
to view any earlier footage from any point in the trip and be assisted 
by crew knowledgeable in the operation of the system.
    (x) A vessel owner or operator must arrange for NMFS to inspect the 
electronic monitoring system and maintain a current NMFS-issued 
electronic monitoring system inspection report onboard the vessel at all 
times the vessel is required to provide an approved electronic 
monitoring system.
    (2) How does a vessel owner arrange for NMFS to conduct an 
electronic monitoring system inspection? The owner or operator must 
submit an Inspection Request for an Electronic Monitoring System to NMFS 
by fax (206-526-4066) or e-mail ([email protected]). The 
request form is available on the NMFS Alaska Region Web site (http://
alaskafisheries.noaa.gov/) or from NMFS at the address or phone number 
in paragraph (b)(6) of this section. NMFS will coordinate with the 
vessel owner to schedule the inspection no later than 10 working days 
after NMFS receives a complete request form.
    (3) What additional information is required for an electronic 
monitoring system inspection?
    (i) A diagram drawn to scale showing all locations where salmon will 
be sorted, the location of the salmon storage container, the location of 
each camera and its coverage area, and the location of any additional 
video equipment must be submitted with the request form.
    (ii) Any additional information requested by the Regional 
Administrator.
    (4) How does a vessel owner make a change to the electronic 
monitoring system? Any change to the electronic monitoring system that 
would affect the system's functionality must be submitted to, and 
approved by, the Regional Administrator in writing before that change is 
made.
    (5) Where will NMFS conduct electronic monitoring system 
inspections? Inspections will be conducted on vessels tied to docks at 
Dutch Harbor, Alaska; Kodiak, Alaska; and in the Puget Sound area of 
Washington State.
    (6) What is an electronic monitoring system inspection report? After 
an inspection, NMFS will issue an electronic monitoring system 
inspection report to the vessel owner, if the electronic monitoring 
system meets the requirements of paragraph (j)(1) of this section. The 
electronic monitoring system report is valid for 12 months from the date 
it is issued by NMFS. The electronic monitoring system inspection report 
must be made available to the observer, NMFS personnel, or to an 
authorized officer upon request.

[63 FR 5843, Feb. 4, 1998]

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



      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

[[Page 699]]

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 on behalf of a CDQ group must comply with all other requirements of 
this part. Allocations of CDQ and PSQ are harvest privileges that expire 
upon the expiration of the CDP. When a CDP expires, further CDQ 
allocations are not implied or guaranteed, and a qualified applicant 
must re-apply for further allocations on a competitive basis with other 
qualified applicants. The CDQ allocations provide the means for CDQ 
groups to complete their CDQ projects. A qualified applicant may apply 
for CDQ and PSQ allocations by submitting a proposed CDP to the State 
during the CDQ application period that is announced by the State. A 
proposed CDP must include the following information:
    (1) Community development information. Community development 
information includes:
    (i) Project description. A detailed description of all proposed CDQ 
projects, including the short-and long-term benefits to the qualified 
applicant from the proposed CDQ projects. CDQ projects should not be 
designed with the expectation of CDQ allocations beyond those requested 
in the proposed CDP.
    (ii) Project schedule. A schedule for the completion of each CDQ 
project with measurable milestones for determining the progress of each 
CDQ project.
    (iii) Employment. The number of individuals to be employed through 
the CDP projects, and a description of the nature of the work and the 
career advancement potential for each type of work.
    (iv) Community eligibility. A list of the participating communities. 
Each participating community must be listed in Table 7 to this part or 
meet the criteria for an eligible community under Sec. 679.2.
    (v) Community support. A demonstration of each participating 
community's support for the qualified applicant and the managing 
organization through an official letter approved by the governing body 
of each such community.
    (2) Managing organization information. A proposed CDP must include 
the following information about the managing organization:
    (i) Structure and personnel. A description of the management 
structure and 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.

[[Page 700]]

    (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) Harvesting plans. A narrative description of how the CDQ group 
intends to harvest and process its CDQ allocations, including a 
description of the target fisheries, the types of vessels and processors 
that will be used, the locations and methods of processing, and the CDQ 
group's proposed partners.
    (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) Transfers--(1) Transfer of annual CDQ and PSQ. CDQ groups may 
request that NMFS transfer CDQ or PSQ from one group to another group by 
each group submitting a completed transfer request as described in Sec. 
679.5(n)(1).

[[Page 701]]

NMFS will approve the transfer request if the CDQ group transferring 
quota to another CDQ group has sufficient quota available for transfer. 
If NMFS approves the request, NMFS will make the requested transfer(s) 
by decreasing the account balance of the CDQ group from which the CDQ or 
PSQ species is transferred and by increasing the account balance of the 
CDQ group receiving the transferred CDQ or PSQ species. NMFS will not 
approve transfers to cover overages of CDQ or PSQ. The CDQ or PSQ will 
be transferred as of the date NMFS approves the transfer request and is 
effective only for the remainder of the calendar year in which the 
transfer occurs.
    (2) Transfer of CDQ and PSQ allocation. CDQ groups may request that 
some or all of one group's CDQ or PSQ allocation, as defined at Sec. 
679.2, be transferred by NMFS to another group by each group filing an 
amendment to its respective CDP through the CDP substantial amendment 
process set forth at paragraph (g)(4) of this section. The CDQ or 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. Transfers of CDQ and PSQ 
allocations must be in whole integer percentages.
    (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) 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

[[Page 702]]

of the amendment within 30 days of receipt of both the amendment and the 
State's recommendation. Once a substantial amendment is approved by 
NMFS, the amendment will be effective for the duration of the CDP.
    (iii) If NMFS determines that the CDP, if changed, would no longer 
meet the requirements of this subpart, NMFS will notify the State in 
writing of the reasons why the amendment cannot be approved.
    (iv) For the purposes of this section, substantial amendments are 
defined as changes in a CDP, including, but not limited to:
    (A) Any change in the list of communities comprising the CDQ group 
or replacement of the managing organization.
    (B) A change in the CDP applicant's harvesting or processing 
partner.
    (C) Funding a CDP project in excess of $100,000 that is not part of 
an approved general budget.
    (D) More than a 20-percent increase in the annual budget of an 
approved CDP project.
    (E) More than a 20-percent increase in actual expenditures over the 
approved annual budget for administrative operations.
    (F) A change in the contractual agreement(s) between the CDQ group 
and its harvesting or processing partner or a change in a CDP project, 
if such change is deemed by the State or NMFS to be a material change.
    (G) Any transfer of a CDQ allocation or a PSQ allocation.
    (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.

[[Page 703]]

    (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; 70 FR 15013, Mar. 24, 2005; 74 FR 62508, Nov. 30, 2009]



Sec. 679.31  CDQ and PSQ reserves.

    Portions of the CDQ and PSQ reserves for each subarea or district 
may be allocated for the exclusive use of CDQ groups 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 each CDQ 
reserve to any one group with an approved CDP.
    (a) CDQ and PSQ reserves--(1) Groundfish CDQ reserves. See Sec. 
679.20(b)(1)(ii).
    (2) Halibut CDQ reserve. (i) 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.
    (ii) 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.
    (iii) 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):
    (A) 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.
    (B) 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.
    (C) 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.
    (D) 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.
    (iv) 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.
    (3) Crab CDQ reserves. Crab CDQ reserves for crab species governed 
by the Crab Rationalization Program are specified at Sec. 680.40 
(a)(1). For Norton Sound red king crab, 7.5 percent of the guideline 
harvest level specified by the State of Alaska is allocated to the crab 
CDQ reserve.
    (4) PSQ reserve. (See Sec. 679.21(e)(3)(i)(A) and (e)(4)(i)(A)).
    (b)-(f) [Reserved]
    (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

[[Page 704]]

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; 67 FR 
79733, Dec. 30, 2002; 68 FR 9905, Mar. 3, 2003; 68 FR 69977, Dec. 16, 
2003; 70 FR 10238, Mar. 2, 2005; 72 FR 52725, Sept. 14, 2007; 73 FR 
27771, May 14, 2008]



Sec. 679.32  Groundfish and halibut CDQ catch monitoring.

    (a) Applicability. This section contains requirements for CDQ 
groups, operators of vessels, and managers of processors that harvest 
and/or process groundfish CDQ, including vessels equal to or greater 
than 60 ft (18.3 m) LOA that are halibut CDQ fishing.
    (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)(8). 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)(4) in 
the annual specifications published in the Federal Register.
    (c) Vessels eligible for groundfish and halibut CDQ fisheries. The 
following information must be provided by the CDQ group for all vessels 
that are groundfish CDQ fishing and all vessels equal to or greater than 
60 ft (18.3 m) LOA that are halibut CDQ fishing.
    (1) Request for approval of an eligible vessel. Prior to a vessel 
participating in the CDQ fishery, a CDQ group must submit to NMFS a 
completed request for approval of an eligible vessel as described at 
Sec. 679.5(n)(4). NMFS will approve all vessels for which a completed 
request is submitted. Once approved, a vessel will remain eligible until 
December 31 of the last year in the current CDQ allocation cycle under 
Sec. 679.30(d), or until the CDQ group removes the vessel from 
eligibility under paragraph (c)(2) of this section. A list of eligible 
vessels for each CDQ group will be publicly available from the Alaska 
Regional Office or on the NMFS website at http://www.fakr.noaa.gov. The 
CDQ group must provide a copy of the NMFS-approved eligible vessel 
request to the operator of the approved vessel. The vessel operator must 
maintain a copy of the eligible vessel request approved by NMFS onboard 
the vessel at all times while harvesting, transporting, or offloading 
CDQ.
    (2) Removing a vessel from eligibility. A CDQ group may remove a 
vessel from eligibility to harvest CDQ on its behalf by advising NMFS by 
letter of the removal. Removal of a vessel from eligibility to harvest 
CDQ will be effective on the date that NMFS approves the request and 
notifies the CDQ group of NMFS's approval. Upon receipt of notification 
of NMFS's approval, the CDQ group must notify the operator of the vessel 
of the vessel's removal from eligibility to harvest CDQ on behalf of the 
CDQ group.
    (d) 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 
species, halibut CDQ, and salmon PSQ until they are delivered to a 
processor that meets the requirements of paragraph (d)(3) or (d)(4) of 
this section, unless retention of groundfish CDQ species is not 
authorized under Sec. 679.4, 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 the State of Alaska.
    (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 (d)(4) of this section.
    (2) Catcher vessels with observers. Operators of catcher vessels 
equal to or

[[Page 705]]

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 (d)(3) or (d)(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 (d)(3) or (d)(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)(9) 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)(9) 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 the observer and ensure 
that observer

[[Page 706]]

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. 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.
    (e) 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'' on their request for approval of an eligible 
vessel. In the case of a catcher vessel using nontrawl gear, the CDQ 
group must specify on their request for approval of an eligible vessel 
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 (d)(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 is approved by NMFS under paragraph (e)(3) of 
this section.
    (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 until delivered to a processor, and sorted 
and weighed in compliance with paragraph (d)(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, and 
sorted and weighed in compliance with paragraph (d)(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 (d)(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 707]]

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.
    (3) Alternative methods for verification of CDQ and PSQ catch. The 
method to be used to determine CDQ and PSQ catch for each vessel must be 
listed by a CDQ group on the request for approval of an eligible vessel. 
A CDQ group may propose the use of an alternative method, such as using 
only one observer where normally two would be required, sorting and 
weighing of all catch by species on processor vessels, or using larger 
sample sizes than could be collected by one observer, by submitting an 
alternative fishing plan attached to its request for approval of an 
eligible vessel. NMFS will review the alternative fishing plan and 
approve it or notify the qualified applicant in writing if the proposed 
alternative does not meet the requirements listed under paragraphs 
(e)(3)(i) through (iv) of this section. The CDQ group must provide a 
copy of the approved alternative fishing plan to the operator of the 
approved vessel. A copy of the alternative fishing plan approved by NMFS 
must be maintained onboard the vessel at all times while it is operating 
under the alternative fishing plan. Alternative fishing plans are valid 
for the remainder of the calendar year in which they are approved. 
Alternatives to the requirement for a certified scale or an observer 
sampling station will not be approved. NMFS will review the alternative 
fishing plan to determine if it meets all of the following requirements:
    (i) The alternative proposed must provide equivalent or better 
estimates than use of the NMFS standard data source would provide and 
the estimates must be independently verifiable;
    (ii) Each haul or set on an observed vessel must be able to be 
sampled by an observer for species composition;
    (iii) Any proposal to sort catch before it is weighed must ensure 
that the sorting and weighing process will be monitored by an observer; 
and
    (iv) The time required for the level 2 observer to complete 
sampling, data recording, and data communication duties must not exceed 
12 hours in each 24-hour period and the level 2 observer must not be 
required to sample more than 9 hours in each 24-hour period.
    (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

[[Page 708]]

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 (e) of this section including the retention of all groundfish 
CDQ, if Option 1 under Sec. 679.32(d)(2)(ii) is selected. 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).
    (5) Seabird avoidance requirements. The CDQ group, and vessel owner 
or operator must comply with all of the seabird avoidance requirements 
at Sec. 679.42(b)(2).

[63 FR 30407, June 4, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
679.32, 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 63 FR 30407, June 4, 1998, Sec. 679.32 was 
revised. Paragraph (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.



         Subpart D_Individual Fishing Quota Management Measures



Sec. 679.40  Sablefish and halibut QS.

    The Regional Administrator shall annually divide the TAC of halibut 
and sablefish that is apportioned to the fixed gear fishery pursuant to 
the annual management measures published in the Federal Register 
pursuant to Sec. 300.62 of chapter III of this title and Sec. 679.20, 
minus the CDQ reserve, among qualified halibut and sablefish quota share 
holders, respectively.
    (a) Initial allocation of QS--(1) General. The Regional 
Administrator shall initially assign to qualified persons, on or after 
October 18, 1994, halibut and sablefish fixed gear fishery QS that are 
specific to IFQ regulatory areas and vessel categories. QS will be 
assigned as a block in the appropriate IFQ regulatory area and vessel 
category, if that QS would have resulted in an allocation of less than 
20,000 lb (9 mt) of IFQ for halibut or sablefish based on the 1994 TAC 
for fixed gear in those fisheries for specific IFQ regulatory areas and 
the QS pools of those fisheries for specific IFQ regulatory areas as of 
October 17, 1994.
    (2) Qualified person. (i) As used in this section, a ``qualified 
person'' means a ``person,'' as defined in Sec. 679.2:
    (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 non-
individual 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.

[[Page 709]]

    (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 production reports 
required under Sec. 679.5. Sablefish harvested within Prince William 
Sound or under a State of Alaska limited entry program will not be 
considered in determining qualification to receive QS, nor in 
calculating initial QS.
    (4) Calculation of initial QS--(i) Halibut QS. The Regional 
Administrator shall calculate the halibut QS for any qualified person in 
each IFQ regulatory area based on that person's highest total legal 
landings of halibut in each IPHC regulatory area for any 5 years of the 
7-year halibut QS base period 1984 through 1990. The sum of all halibut 
QS for an IFQ regulatory area will be the halibut QS pool for that area.
    (ii) Sablefish QS. The Regional Administrator shall calculate the 
sablefish QS for any qualified person in each IFQ regulatory area based 
on that person's highest total legal landings of sablefish in each 
groundfish reporting area for any 5 years of the 6-year sablefish QS 
base period 1985 through 1990. The sum of all sablefish QS for an IFQ 
regulatory area will be the sablefish QS pool for that area.
    (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 permit 
holder to harvest and process IFQ species on a vessel of any length;
    (B) Category B QS and associated IFQ, which authorizes an IFQ permit 
holder to harvest IFQ species on a vessel of any length;
    (C) Category C QS and associated IFQ, which authorizes an IFQ permit

[[Page 710]]

holder 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 permit 
holder to harvest IFQ halibut on a vessel less than or equal to 35 ft 
(10.7 m) LOA, except as provided in Sec. 679.42(a).
    (iii) QS assignment. A qualified person's QS will be assigned:
    (A) To vessel category A if, at any time during his/her most recent 
year of participation, that person's vessel processed any groundfish or 
halibut caught with fixed gear.
    (B) To vessel category B if, at any time during his/her most recent 
year of participation, that person's vessel was greater than 60 ft (18.3 
m) LOA and did not process any groundfish or halibut caught with fixed 
gear.
    (C) To each applicable vessel category in proportion to the landings 
of halibut or sablefish made by that person if, at any time during their 
most recent year of participation, that person used more than one vessel 
in different categories.
    (iv) Sablefish QS. A qualified person's sablefish QS will be 
assigned:
    (A) To vessel category C if, at any time during his/her most recent 
year of participation, that person's vessel was less than or equal to 60 
ft (18.3 m) LOA and did not process any groundfish or halibut caught 
with fixed gear.
    (B) To the vessel category in which halibut and groundfish were 
landed, or vessel categories in proportion to the total fixed gear 
landings of halibut and groundfish, if, at any time during the most 
recent year of participation, that person's vessel(s) makes no 
landing(s) of sablefish.
    (v) Halibut QS. A qualified person's halibut QS will be assigned:
    (A) To vessel category C if, at any time during his/her most recent 
year of participation, that person's vessel was less than or equal to 60 
ft (18.3 m), but greater than 35 ft (10.7 m), LOA and did not process 
any groundfish or halibut caught with fixed gear.
    (B) To vessel category D if, at any time during his/her most recent 
year of participation, that person's vessel was less than or equal to 35 
ft (10.7 m) LOA and did not process any groundfish or halibut caught 
with fixed gear.
    (C) To the vessel category in which groundfish were landed, or 
vessel categories in proportion to the total fixed gear landings of 
groundfish, if, at any time during the most recent year of 
participation, that person's vessel(s) makes no landing(s) of halibut.
    (vi) Both species QS. A qualified person's QS for both species will 
be assigned to the vessel category in which groundfish were landed in 
the most recent year of participation if, at any time during that year, 
that person landed halibut in one vessel category and sablefish in a 
different vessel category.
    (6) Application for initial QS--(i) Application form. 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, partnership, or other non-individual entity, or 
dissolved corporation, partnership, or other non-individual entity 
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

[[Page 711]]

by the Regional Administrator, the applicant will be notified of 
insufficient documentation. The applicant will have 90 days to submit 
corroborating documents (as specified in paragraph (a) of this section) 
in support of his/her application or to resubmit a revised application. 
All applicants will be limited to one opportunity to provide 
corroborating documentation or a revised application in response to 
notification of insufficient documentation.
    (8) Verified data. Uncontested data in applications will be approved 
by the Regional Administrator. Based on these data, the Regional 
Administrator will calculate each applicant's initial halibut and 
sablefish QS, as provided in paragraph (b) of this section, for each IFQ 
regulatory area, respectively, and will add each applicant's halibut and 
sablefish QS for an IFQ regulatory area to the respective QS pool for 
that area.
    (9) Unverified data. Catch history, vessel ownership, or lease data 
that cannot be verified by the Regional Administrator, following the 
procedure described in paragraph (a)(7) of this section, will not 
qualify for QS. An initial determination denying QS on the grounds that 
claimed catch history, vessel ownership or lease data were not verified 
may be appealed following the procedure described in Sec. 679.43. Quota 
share reflecting catch history, vessel ownership, or lease data that are 
contested between two or more applicants, at least one of which is 
likely to qualify for QS when the dispute is resolved, will be assigned 
to a reserve that will be considered part of the QS pool for the 
appropriate IFQ regulatory area. Any QS and IFQ that results from agency 
action resolving the dispute will be assigned to the prevailing 
applicant(s) pursuant to paragraphs (a)(4), (a)(5), (b), and (c) of this 
section. If the assigned IFQ for the 1995 fishing season becomes moot by 
passage of time needed to resolve the dispute, the assignment of QS and 
IFQ for subsequent fishing seasons will be unaffected.
    (b) Annual allocation of IFQ. The Regional Administrator shall 
assign halibut or sablefish IFQs to each person holding unrestricted QS 
for halibut or sablefish, respectively, up to the limits prescribed in 
Sec. 679.42 (e) and (f). Each assigned IFQ will be specific to an IFQ 
regulatory area and vessel category, and will represent the maximum 
amount of halibut or sablefish that may be harvested from the specified 
IFQ regulatory area and by the person to whom it is assigned during the 
specified fishing year, unless the IFQ assignment is changed by the 
Regional Administrator within the fishing year because of an approved 
transfer or because all or part of the IFQ is sanctioned for violating 
rules of this part.
    (c) Calculation of annual IFQ allocation--(1) General. The annual 
allocation of IFQ to any person (person p) in any IFQ regulatory area 
(area a) will be equal to the product of the TAC of halibut or sablefish 
by fixed gear for that area (after adjustment for purposes of the 
Western Alaska CDQ Program) and that person's QS divided by the QS pool 
for that area. Overages will be subtracted from a person's IFQ pursuant 
to paragraph (d) of this section. Expressed algebraically, the annual 
IFQ allocation formula is as follows:

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 specifying the maximum 
amount of halibut and sablefish that may be harvested with fixed gear in 
a specified IFQ regulatory area and vessel category. Such IFQ permits 
will be sent to each QS holder at the address on record for that person 
prior to the start of the IFQ fishing season or to any IFQ holder(s) 
following transfers or penalties (15 CFR part 904).
    (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

[[Page 712]]

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) External research tags for halibut and sablefish. (1) Nothing 
contained in this part 679 shall prohibit any person at any time from 
retaining and landing a Pacific halibut or sablefish that bears at the 
time of capture an external research tag from any state, Federal, or 
international agency, provided that the halibut or sablefish is one of 
the following:
    (i) A Pacific halibut landed pursuant to Sec. 300.62 of this title 
and to this part 679; or
    (ii) A sablefish landed in accordance with the Tagged Groundfish 
Research Program, and in compliance with all sablefish requirements of 
this part 679.
    (2) Halibut and sablefish bearing an external research tag from any 
state, Federal, or international agency, landed pursuant to paragraph 
(g)(1)(i) or (g)(1)(ii) of this section, and in accordance with Sec. 
679.5(l), shall be excluded from IFQ or CDQ deduction as follows:
    (i) The fish shall not be calculated as part of a person's IFQ 
harvest of halibut or sablefish and shall not be debited against a 
person's halibut IFQ or a person's sablefish IFQ; or
    (ii) The fish shall not be calculated as part of the CDQ harvest of 
halibut or sablefish and shall not be debited against a CDQ group's 
halibut CDQ or a CDQ group's sablefish CDQ.
    (h) Properly debited landing--(1) Permit holder's account. Except as 
provided in paragraph (g) of this section, all IFQ halibut, CDQ halibut, 
and IFQ sablefish catch onboard a vessel 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.
    (2) Properly debited account. A properly concluded groundfish IFQ 
landing receipt, crab IFQ landing receipt, or a manual IFQ landing 
report which is signed by the Registered Buyer and IFQ permit holder or 
IFQ hired master permit holder or CDQ hired master permit holder 
constitutes confirmation that the IFQ permit holder's or CDQ permit 
holder's account is properly debited.
    (3) Source of debit. NMFS shall use the following sources (see 
paragraphs (h)(3)(i) and (ii) of this section) of information to debit a 
CDQ halibut, IFQ halibut, or IFQ sablefish account:
    (i) Unprocessed landing. If offload of unprocessed IFQ halibut, CDQ 
halibut, or IFQ sablefish from a vessel, the scale weight (to the 
nearest pound) of the halibut or sablefish product actually measured at 
the time of offload, as required by Sec. 679.5(e)(7)(i)(E)(6) to be 
included in the IFQ Landing Report.
    (ii) Processed landing. If offload of processed IFQ halibut, CDQ 
halibut, or IFQ sablefish from a vessel, the scale weight (to the 
nearest pound) 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

[[Page 713]]

outside of each container to facilitate inspection by OLE or designees.

[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; 71 FR 36492, 
June 27, 2006; 72 FR 44809, Aug. 9, 2007; 73 FR 76166, Dec. 15, 2008]



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 permits to be issued in the name of a 
hired 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.
    (10) If the person applying to transfer or receive QS or IFQ is a 
CQE, the following determinations are required for each eligible 
community represented by that CQE:

[[Page 714]]

    (i) An individual applying to receive IFQ from QS held by a CQE is 
an eligible community resident of the eligible community in whose name 
the CQE is holding QS;
    (ii) The CQE applying to receive or transfer QS, has submitted a 
complete annual report(s) required by Sec. 679.5 (l)(8);
    (iii) The CQE applying to transfer QS has provided information on 
the reasons for the transfer as described in paragraph (g)(7) of this 
section;
    (iv) The CQE applying to receive QS is eligible to hold QS on behalf 
of the eligible community in the halibut or sablefish regulatory area 
designated for that eligible community in Table 21 to this part; and
    (v) The CQE applying to receive QS has received notification of 
approval of eligibility to receive QS/IFQ for that community as 
described in paragraph (d)(1) of this section.
    (d) Eligibility to receive QS or IFQ by transfer--(1) Application 
for Eligibility. All persons applying to receive QS or IFQ must submit 
an Application for Eligibility to Receive QS/IFQ (Application for 
Eligibility) containing accurate information to the Regional 
Administrator, except that an Application for Eligibility to Receive QS/
IFQ (Application for Eligibility) is not required for a CQE if a 
complete application to become a CQE, as described in paragraph (l)(3) 
of this section, has been approved by the Regional Administrator on 
behalf of an eligible community. 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 non-individual 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

[[Page 715]]

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 lb (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 lb (1.4 mt) of halibut IFQ 
based on the preceding criteria. In Areas 2C and 3A, QS blocks for the 
same IFQ regulatory area and vessel category that represent less than 
5,000 lb (2.3 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 5,000 lb (2.3 mt) of halibut IFQ based on the preceding criteria. A 
consolidated block cannot be divided and is considered a single block 
for purposes of use and transferability. The maximum number of QS units 
that may be consolidated into a single block in each IFQ regulatory area 
is as follows:
    (i) Area 2C: 33,320 QS.
    (ii) Area 3A: 46,520 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.
    (4) A CQE may not purchase or use sablefish QS blocks less than or 
equal to the number of QS units specified in (e)(2)(i) through 
(e)(2)(iv) of this section.
    (5) A CQE may not purchase or use halibut QS blocks less than or 
equal to the number of QS units specified in (e)(3)(i) and (e)(3)(ii) of 
this section.
    (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), 
paragraph (g)(2), or paragraph (l) 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 eligibility requirements in this 
section, may receive by transfer QS assigned to vessel categories B, C, 
or D, or the IFQ resulting from it.
    (2) Except as provided in paragraph (g)(3) of this section, only 
persons who are IFQ crew members, and meet the other requirements in 
this section, may receive by transfer QS assigned to vessel categories 
B, C, or D, or the IFQ resulting from it, in IFQ regulatory area 2C for 
halibut or in the IFQ regulatory area east of 140[deg] W. long. for 
sablefish.

[[Page 716]]

    (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 paragraphs (h) and (m) 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.
    (5) A CQE may not hold QS in halibut IFQ regulatory areas 2C or 3A 
that is assigned to vessel category D.
    (6) IFQ derived from QS held by a CQE on behalf of an eligible 
community may be used only by an eligible community resident of that 
eligible community.
    (7) A CQE may transfer QS:
    (i) To generate revenues to provide funds to meet administrative 
costs for managing the community QS holdings;
    (ii) To generate revenue to improve the ability of residents within 
the community to participate in the halibut and sablefish IFQ fisheries;
    (iii) To generate revenue to purchase QS to yield IFQ for use by 
community residents;
    (iv) To dissolve the CQE; or
    (v) As a result of a court order, operation of law, or as part of a 
security agreement.
    (8) If the Regional Administrator determines that a CQE transferred 
QS for purposes other than those specified in paragraph (g)(7) of this 
section, then:
    (i) The CQE must divest itself of any remaining QS holdings and will 
not be eligible to receive QS by transfer for a period of three years 
after the effective date of final agency action on the Regional 
Administrator's determination; and
    (ii) The Regional Administrator will not approve a CQE to represent 
the eligible community in whose name the CQE transferred quota for a 
period of three years after the effective date of final agency action on 
the Regional Administrator's determination.
    (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 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

[[Page 717]]

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 = (QC x QSPN x RATE)/
    (SUMCDQ - [RATE x SUMTAC]) ([1 - RATE] x 
    TACAVE)(QSPC x [CDQ PCT - RATE])

Where:

QN = quota share in non-CDQ area
QC = quota share in CDQ area
QSPN = quota share pool in non-CDQ area (as existing on 
January 31, 1995)
RATE = SUMCDQ/average of the TAC (1988-1994) for all CDQ and 
non-CDQ areas
TACAVE = average of the TAC (1988-1994) for CDQ area
QSPC = quota share pool in CDQ area (as existing on January 
31, 1995)
CDQPCT = CDQ percentage for CDQ area
SUMCDQ = sum [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.
    (l) Transfer of QS to CQEs. (1) Each eligible community must 
designate a CQE to transfer and hold QS on behalf of that community.
    (2) Each eligible community may designate only one CQE to hold QS on 
behalf of that community at any one time.
    (3) Prior to initially receiving QS by transfer on behalf of a 
specific eligible community, a non-profit entity that intends to 
represent that eligible community as a CQE must have approval from the 
Regional Administrator. To receive that approval, the non-profit entity 
seeking to become a CQE must submit a complete application to become a 
CQE to the Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 
99802. The Regional Administrator will provide a copy of the complete 
application to the Alaska Department of Community and Economic 
Development, Commissioner, P.O. Box 110809, Juneau, AK 99811-0809. NMFS 
will consider comments received from the Alaska Department of Community 
and Economic Development when reviewing applications for a non-profit 
entity

[[Page 718]]

to become a CQE. The Alaska Department of Community and Economic 
Development must submit comments on an application to the Regional 
Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802, within 30 days of 
receipt of the application in order for those comments to be considered 
by the Regional Administrator during the approval process. If an 
application is disapproved, than that determination may be appealed 
under the provisions established at 50 CFR 679.43. A complete 
application to become a CQE consists of:
    (i) The articles of incorporation under the laws of the State of 
Alaska for that non-profit entity, except that a non-profit entity that 
is representing the Metlakatla Indian Village may provide articles of 
incorporation under Federal Law;
    (ii) A statement indicating the eligible community, or communities, 
represented by that non-profit entity for purposes of holding QS;
    (iii) Management organization information, including:
    (A) The bylaws of the non-profit entity;
    (B) A list of key personnel of the managing organization including, 
but not limited to, the board of directors, officers, representatives, 
and any managers;
    (C) A description of how the non-profit entity is qualified to 
manage QS on behalf of the eligible community, or communities, it is 
designated to represent, and a demonstration that the non-profit entity 
has the management, technical expertise, and ability to manage QS and 
IFQ; and
    (D) The name of the non-profit organization, taxpayer ID number, 
NMFS person number, permanent business mailing addresses, name of 
contact persons and additional contact information of the managing 
personnel for the non-profit entity, resumes of management personnel, 
name of community or communities represented by the CQE, name of contact 
for the governing body of each community represented, date, name and 
notarized signature of applicant, Notary Public signature and date when 
commission expires.
    (iv) A statement describing the procedures that will be used to 
determine the distribution of IFQ to residents of the community 
represented by that CQE, including:
    (A) Procedures used to solicit requests from residents to lease IFQ; 
and
    (B) Criteria used to determine the distribution of IFQ leases among 
qualified community residents and the relative weighting of those 
criteria.
    (v) A statement of support from the governing body of the eligible 
community as that governing body is identified in Table 21 to this part. 
That statement of support is:
    (A) A resolution from the City Council or other official governing 
body for those eligible communities incorporated as first or second 
class cities in the State of Alaska;
    (B) A resolution from the tribal government authority recognized by 
the Bureau of Indian Affairs for those eligible communities that are not 
incorporated as first or second class cities in the State of Alaska; but 
are represented by a tribal government authority recognized by the 
Secretary of the Interior; or
    (C) A resolution from a non-profit community association, homeowner 
association, community council, or other non-profit entity for those 
eligible communities that are not incorporated as first or second class 
cities in the State of Alaska, and is not represented by a tribal 
government authority recognized by the Bureau of Indian Affairs. The 
non-profit entity that provides a statement of support must:
    (1) Have articles of incorporation as a non-profit community 
association, homeowner association, community council, or other non-
profit entity; and
    (2) Have an established relationship with the State of Alaska 
Department of Community and Economic Development for purposes of 
representing that community for governmental functions.
    (D) If an eligible community is not incorporated as a first or 
second class city in the State of Alaska, is not represented by a tribal 
government authority recognized by the Secretary of the Interior, and 
does not have a non-profit community association, homeowner association, 
community council,

[[Page 719]]

or other non-profit entity within that community with an established 
relationship with the Alaska Department of Community and Economic 
Development for purposes of representing that community for purposes of 
governmental functions, then the Regional Administrator, NMFS, will not 
consider any statement from a non-profit entity representing that 
community until that community:
    (1) Is incorporated as a first or second class city in the State of 
Alaska;
    (2) Establishes a tribal government authority recognized by the 
Secretary of the Interior; or
    (3) Establishes a non-profit community association, homeowner 
association, community council, or other non-profit entity within that 
community that meets the requirements established in paragraph (E) of 
this section.
    (E) If a community described under paragraph (l)(3)(v)(D) of this 
section establishes a non-profit community association, homeowner 
association, community council, or other non-profit entity within that 
community, then the Regional Administrator, NMFS, will consider any 
recommendations from this entity to support a particular applicant after 
reviewing:
    (1) Petitions from residents affirming that the non-profit community 
association, homeowner association, community council, or other non-
profit entity within that community represents the residents within that 
community; and
    (2) Comments from the State of Alaska Department of Community and 
Economic Development on the articles of incorporation for that non-
profit entity and the ability of that non-profit entity to adequately 
represent the interests of that community for purposes of governmental 
functions.
    (3) If the Regional Administrator determines that this statement of 
support is not adequate, than that determination may be appealed under 
the provisions established at 50 CFR 679.43.
    (4) The governing body of an eligible community as that governing 
body is identified in Table 21 to this part, must provide authorization 
for any transfer of QS by the CQE that holds QS on behalf of that 
eligible community prior to that transfer of QS being approved by NMFS. 
This authorization must be submitted as part of the Application for 
Transfer. That authorization consists of a signature on the Application 
for Transfer by a representative of the governing body that has been 
designated by that governing body to provide such authorization to 
approve the transfer of QS.
    (m) Temporary military transfers. In the event of a military 
mobilization or order to report for military service affecting a QS 
holder that prevents him or her from being able to participate in the 
halibut or sablefish IFQ fisheries, the Regional Administrator may 
approve a temporary military transfer for the IFQ derived from the QS 
held by a QS holder affected by the military mobilization.
    (1) General. A temporary military transfer will be approved if the 
QS holder demonstrates that he or she is unable to participate in the 
IFQ fishery for which he or she holds QS because of a military 
mobilization, order to report for military service, or active duty 
military service.
    (2) Eligibility. To be eligible to receive a temporary military 
transfer, a QS holder must meet all of the following requirements:
    (i) Be a member of a branch of the National Guard or a member of a 
reserve component;
    (ii) Possess one or more catcher vessel IFQ permits;
    (iii) Not qualify for a hired master exception under Sec. 
679.42(i)(1);
    (iv) Be in active duty military service as that term is defined at 
10 U.S.C. 101(d)(1), be under a call to active service authorized by the 
President or the Secretary for a period of more than 30 consecutive days 
under 32 U.S.C. 502(f), or in the case of a member of a reserve 
component, have been ordered to report for military service beginning on 
the date of the member's receipt of the order and ending on the date on 
which the member reports for active duty military service.
    (3) Application. A QS holder may apply for a temporary military 
transfer by submitting a temporary military transfer application to the 
Alaska Region, NMFS. NMFS will transfer, upon approval of the 
application, the applicable IFQ from the applicant (transferor) to the 
recipient (transferee). A

[[Page 720]]

temporary military transfer application is available at http://
www.fakr.noaa.gov or by calling 1-800-304-4846. A complete application 
must include all of the following:
    (i) The transferor's identity including his or her full name, NMFS 
person ID, date of birth, permanent business mailing address, business 
telephone and fax numbers, and e-mail address (if any). A temporary 
mailing address may be provided, if appropriate.
    (ii) The transferee's identity including his or her full name, NMFS 
person ID, date of birth, permanent business mailing address, business 
telephone and fax numbers, and e-mail address (if any). A temporary 
mailing address may be provided, if appropriate.
    (iii) The identification characteristics of the IFQ including 
whether the transfer is for halibut or sablefish IFQ, IFQ regulatory 
area, number of units, range of QS serial numbers for IFQ to be 
transferred, actual number of IFQ pounds, transferor (seller) IFQ permit 
number, and fishing year.
    (iv) Documentation of active military mobilization or deployment. 
This documentation must include the following:
    (A) A copy of official documentation such as valid military orders 
or call that direct the transferor to report to active duty military 
service, to mobilize for a military deployment, or to report to active 
service.
    (B) A concise description of the nature of the military deployment 
or active duty military service, including verification that the 
applicant is unable to participate in the IFQ fishery for which he or 
she holds IFQ permits during the IFQ season because of his/her active 
duty military service.
    (v) The signatures and printed names of the transferor and 
transferee, and date.
    (vi) The signature, seal, and commission expiration of a notary 
public.
    (4) Restrictions. (i) A temporary military transfer shall be valid 
only during the calendar year for which the associated IFQ is issued.
    (ii) A temporary military transfer will be issued only for the IFQ 
derived from the QS held by the applicant.
    (5) Temporary military transfer evaluations and appeals--(i) Initial 
evaluation. The Regional Administrator will evaluate an application for 
a temporary military transfer submitted in accordance with paragraphs 
(c)(1) through (c)(9) of this section. An applicant who fails to submit 
the information specified in the application for a temporary military 
transfer will be provided a reasonable opportunity to submit the 
specified information or submit a revised application.
    (ii) Initial administrative determination (IAD). The Regional 
Administrator will prepare and send an IAD to the applicant if the 
Regional Administrator determines that the application provided by the 
applicant is deficient or if the applicant fails to submit the specified 
information or a revised application. The IAD will indicate the 
deficiencies in the application, including any deficiencies with the 
information on the revised application. An applicant who receives an IAD 
may appeal under the appeals procedures set out at Sec. 679.43.

[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; 69 FR 23691, Apr. 30, 2004; 72 FR 44809, 
Aug. 9, 2007; 73 FR 28738, May 19, 2008; 73 FR 76166, Dec. 15, 2008]



Sec. 679.42  Limitations on use of QS and IFQ.

    (a) IFQ regulatory area and vessel category. (1) The QS or IFQ 
specified for one IFQ regulatory area must not be used in a different 
IFQ regulatory area, except all or part of the QS and IFQ specified for 
regulatory area 4C may be harvested in either Area 4C or Area 4D.
    (i) Notwithstanding Sec. 679.4(d)(1), Sec. 679.7(f)(4) and 
(f)(11), Sec. 679.40(b)(1), (c)(3), and (e), from July 22, 2005 to 
November 15, 2005, all or part of the QS and IFQ specified for 
regulatory area 4C may be harvested in either Area 4C or Area 4D.
    (ii) For the year 2006 and subsequent annual IFQ fishing seasons, 
all or part of the QS and IFQ specified for regulatory area 4C may be 
harvested in either Area 4C or Area 4D.
    (2) The QS or IFQ assigned to one vessel category must not be used 
to harvest IFQ species on a vessel of a different vessel category, 
except:

[[Page 721]]

    (i) As provided in paragraph (k) of this section (processing fish 
other than IFQ halibut and IFQ sablefish);
    (ii) As provided in Sec. 679.41(i)(1) of this part (CDQ 
compensation QS exemption);
    (iii) IFQ derived from QS held by a CQE may be used to harvest IFQ 
species from a vessel of any length.
    (iv) In Areas 3B and 4C, category D QS and associated IFQ authorizes 
an IFQ permit holder to harvest IFQ halibut on a vessel less than or 
equal to 60 ft (18.3 m) LOA.
    (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, CDQ 
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) Permit holder aboard requirement. Any individual who harvests 
halibut or sablefish with fixed gear must have a valid IFQ permit, and 
if a hired master is conducting the harvest, a valid IFQ hired master 
permit, and must be aboard the vessel at all times during the fishing 
trip and be present during the landing.
    (d) Emergency waivers and medical transfers. The person authorized 
to fish IFQ halibut or sablefish must be aboard the vessel during 
fishing operations and must sign the IFQ landing report except as 
provided in Sec. 679.41 and under the following circumstances:
    (1) Emergency waiver. In the event of extreme personal emergency 
during a fishing trip involving a person authorized to fish IFQ halibut 
or sablefish, the requirements or paragraph (c)(1) of this section may 
be waived. The waiving of these requirements under this provision shall 
apply to IFQ halibut or IFQ sablefish retained on the fishing trip 
during which the emergency occurred.
    (2) Medical transfers. In the event of a medical condition affecting 
a QS holder or an immediate family member of a QS holder that prevents 
the QS holder from being able to participate in the halibut or sablefish 
IFQ fisheries, a medical transfer may be approved for the IFQ derived 
from the QS held by the person affected by the medical condition.
    (i) General. A medical transfer will be approved if the QS holder 
demonstrates that:
    (A) He or she is unable to participate in the IFQ fishery for which 
he or she holds QS because of a medical condition that precludes 
participation by the QS holder; or
    (B) He or she is unable to participate in the IFQ fishery for which 
he or she holds QS because of a medical condition involving an immediate 
family member that requires the QS holder's full time attendance.
    (ii) Eligibility. To be eligible to receive a medical transfer, a QS 
holder must:
    (A) Possess one or more catcher vessel IFQ permits; and
    (B) Not qualify for a hired master exception under paragraph (i)(1) 
of this section.
    (iii) Application. A QS holder may apply for a medical transfer by 
submitting a medical transfer application to the Alaska Region, NMFS. A 
QS holder who has received an approved medical transfer from RAM may 
transfer the IFQ derived from his or her own QS to an individual 
eligible to receive IFQ. A medical transfer application is available at 
http://www.fakr.noaa.gov or by calling 1-800-304-4846. Completed 
applications must be mailed to: Restricted Access Management Program, 
NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802-1668. A complete 
application must include:
    (A) The applicant's (transferor's) identity including his or her 
full name, NMFS person ID, date of birth, Social Security Number or Tax 
ID, permanent business mailing address, business telephone and fax 
numbers, and e-mail address (if any). A temporary mailing address may be 
provided, if appropriate;
    (B) The recipient's (transferee's) identity including his or her 
full name, NMFS person ID, date of birth, Social Security Number or Tax 
ID, permanent

[[Page 722]]

business mailing address, business telephone and fax numbers, and e-mail 
address (if any). A temporary mailing address may be provided, if 
appropriate;
    (C) The identification characteristics of the IFQ including whether 
the transfer is for halibut or sablefish IFQ, IFQ regulatory area, 
number of units, range of serial numbers for IFQ to be transferred, 
actual number of IFQ pounds, transferor (seller) IFQ permit number, and 
fishing year;
    (D) The price per pound (including leases) and total amount paid for 
the IFQ in the requested transaction, including all fees;
    (E) The primary source of financing for the transfer, how the IFQ 
was located, and the transferee's (buyer's) relationship to the 
transferor (seller);
    (F) A written declaration from a licensed medical doctor, advanced 
nurse practitioner, or primary community health aide as those persons 
are defined in Sec. 679.2. The declaration must include:
    (1) The identity of the licensed medical doctor, advanced nurse 
practitioner, or primary community health aide including his or her full 
name, business telephone, permanent business mailing address (number and 
street, city and state, zip code), and whether the individual is a 
licensed medical doctor, advanced nurse practitioner, or primary 
community health aide;
    (2) A concise description of the medical condition affecting the 
applicant or applicant's family member including verification that the 
applicant is unable to participate in the IFQ fishery for which he or 
she holds IFQ permits during the IFQ season because of the medical 
condition and, for an affected family member, a description of the care 
required; and
    (3) The dated signature of the licensed medical doctor, advanced 
nurse practitioner, or primary community health aide who conducted the 
medical examination;
    (G) The signatures and printed names of the transferor and 
transferee, and date; and
    (H) The signature, seal, and commission expiration of a notary 
public.
    (iv) Restrictions. (A) A medical transfer shall be valid only during 
the calendar year for which the permit is issued;
    (B) A medical transfer will be issued only for the IFQ derived from 
the QS held by the applicant;
    (C) NMFS will not approve a medical transfer if the applicant has 
received a medical transfer in any 2 of the previous 5 years for the 
same medical condition.
    (v) Medical transfer evaluations and appeals--(A) Initial 
evaluation. The Regional Administrator will evaluate an application for 
a medical transfer submitted in accordance with paragraphs (d)(2)(iii) 
and (d)(2)(iv) of this section. An applicant who fails to submit the 
information specified in the application for a medical transfer will be 
provided a reasonable opportunity to submit the specified information or 
submit a revised application.
    (B) Initial administrative determinations (IAD). The Regional 
Administrator will prepare and send an IAD to the applicant if the 
Regional Administrator determines that the application provided by the 
applicant is deficient or if the applicant fails to submit the specified 
information or a revised application. The IAD will indicate the 
deficiencies in the application, including any deficiencies with the 
information on the revised application. An applicant who receives an IAD 
may appeal under the appeals procedures set out at Sec. 679.43.
    (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.
    (3) No CQE may hold sablefish QS in the IFQ regulatory areas of the 
Bering Sea subarea and the Aleutian Islands subareas.

[[Page 723]]

    (4) No CQE may hold more than 3,229,721 units of sablefish QS on 
behalf of any single eligible community.
    (5) In the IFQ regulatory area east of 140[deg] W. long., no CQE may 
hold more than 688,485 units of sablefish QS for this area on behalf of 
any single eligible community.
    (6) In the aggregate, all CQEs are limited to holding a maximum of 3 
percent of the total QS in those IFQ regulatory areas specified in Sec. 
679.41(e)(2)(I) through (e)(2)(iv) of this part for sablefish in the 
first calendar year implementing the regulation in this section. In each 
subsequent calendar year, this aggregate limit on all CQEs shall 
increase by an additional 3 percent in each IFQ regulatory area 
specified in Sec. 679.41(e)(2)(i) through (e)(2)(iv) of this part up to 
a maximum limit of 21 percent of the total QS in each regulatory area 
specified in Sec. Sec. 679.41(e)(2)(i) through (e)(2)(iv) of this part 
for sablefish.
    (7) No individual that receives IFQ derived from sablefish QS held 
by a CQE may hold, individually or collectively, more than 50,000 lb 
(22.7 mt) of IFQ sablefish derived from any sablefish QS source.
    (8) A CQE receiving category B, or C sablefish QS through transfer 
may lease the IFQ resulting from that QS only to an eligible community 
resident of the eligible community on whose behalf the QS is held.
    (f) Halibut QS use. (1) 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:
    (i) IFQ regulatory area 2C. 599,799 units of halibut QS.
    (ii) IFQ regulatory area 2C, 3A, and 3B. 1,502,823 units of halibut 
QS.
    (iii) IFQ regulatory area 4A, 4B, 4C, 4D, and 4E. 495,044 units of 
halibut QS.
    (2) No CQE may receive an amount of halibut QS on behalf of any 
single eligible community which is more than:
    (i) IFQ regulatory area 2C. 599,799 units of halibut QS.
    (ii) IFQ regulatory area 2C, 3A, and 3B. 1,502,823 units of halibut 
QS.
    (3) No CQE may hold halibut QS in the IFQ regulatory areas 4A, 4B, 
4C, 4D, and 4E.
    (4) A CQE representing an eligible community may receive by transfer 
or use QS only in the IFQ regulatory areas designated for that species 
and for that eligible community as described in Table 21 to this part.
    (5) In the aggregate, all CQEs are limited to holding a maximum of 3 
percent of the total QS in those IFQ regulatory areas specified in 
Sec. Sec. 679.41(e)(3)(i) through (e)(3)(iii) for halibut in the first 
calendar year implementing the regulation in this section. In each 
subsequent calendar year, this aggregate limit on all community quota 
entities shall increase by an additional 3 percent in each IFQ 
regulatory area specified in Sec. Sec. 679.41(e)(3)(i) through 
(e)(3)(iii). This limit shall increase up to a maximum limit of 21 
percent of the total QS in each regulatory area specified in Sec. Sec. 
679.41(e)(3)(i) through (e)(3)(iii) for halibut.
    (6) No individual that receives IFQ derived from halibut QS held by 
a CQE may hold, individually or collectively, more than 50,000 lb (22.7 
mt) of IFQ halibut derived from any halibut QS source.
    (7) A CQE receiving category B or C halibut QS through transfer may 
lease the IFQ resulting from that QS only to an eligible community 
resident of the eligible community represented by the CQE.
    (g) Limitations on QS blocks--(1) Number of blocks per species. No 
person, individually or collectively, may hold more than two blocks of 
sablefish or three blocks of halibut in any IFQ regulatory area, except:
    (i) A person, individually or collectively, who holds unblocked QS 
for a species in an IFQ regulatory area, may hold only one QS block for 
that species in that regulatory area; and
    (ii) A CQE may hold no more than ten blocks of halibut QS in any IFQ 
regulatory area and no more than five blocks of sablefish QS in any IFQ 
regulatory area on behalf of any eligible community.
    (2) Action by the Regional Administrator in Areas 3B and 4A. In 
Areas 3B and 4A, the Regional Administrator shall:
    (i) Identify any halibut blocks that result in an allocation of more 
than 20,000 lb (9.1) mt of halibut IFQ, based

[[Page 724]]

on the 2004 TAC for fixed gear halibut in those areas and the QS pools 
for those areas as of January 31, 2004; and
    (ii) Divide those halibut blocks into one block of 20,000 lb (9.1 
mt) and the remainder unblocked, based on the 2004 TAC for fixed gear 
halibut in those areas and the QS pools for those areas as of January 
31, 2004.
    (3) Transfer of QS blocks. Notwithstanding paragraph (g)(1)(i) of 
this section, a person who holds more than one block of halibut QS and 
unblocked halibut QS as a result of the Regional Administrator's action 
under paragraph (g)(2) of this section may transfer unblocked QS until 
such time as that person transfers a halibut QS block to another person.
    (4) 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. 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, except that:
    (i) In IFQ regulatory area 2C, no vessel may be used to harvest more 
than 1 percent of the halibut catch limit for this area.
    (ii) No vessel may be used, during any fishing year, to harvest more 
than 50,000 lb (22.7 mt) of IFQ halibut from any halibut QS source if 
that vessel is used to harvest IFQ halibut derived from halibut QS held 
by a CQE.
    (2) Sablefish. No vessel may be used, during any fishing year, to 
harvest more than one percent of the combined fixed gear TAC of 
sablefish for the GOA and BSAI IFQ regulatory areas, except that:
    (i) In the IFQ regulatory area east of 140 degrees W. long., no 
vessel may be used to harvest more than 1 percent of the fixed gear TAC 
of sablefish for this area.
    (ii) No vessel may be used, during any fishing year, to harvest more 
than 50,000 lb (22.7 mt) of IFQ sablefish from any sablefish QS source 
if that vessel is used to harvest IFQ sablefish derived from sablefish 
QS held by a CQE.
    (3) Excess. An IFQ permit holder who receives an approved IFQ 
allocation of halibut or sablefish in excess of these limitations may 
nevertheless catch and retain all that IFQ with a single vessel. 
However, two or more IFQ permit holders may not catch and retain their 
IFQs with one vessel in excess of these limitations.
    (4) Liability. Owners and operators of vessels exceeding these 
limitations are jointly and severally liable with IFQ permit holders and 
IFQ hired master permit holders whose harvesting causes the vessel to 
exceed these limitations.
    (i) Use of IFQ resulting from QS assigned to vessel category B, C, 
or D by individuals. In addition to the requirements of paragraph (c) of 
this section, IFQ permits issued for IFQ resulting from QS assigned to 
vessel category 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 category 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:
    (i) For a documented vessel, owns a minimum 20-percent interest in 
the vessel as shown by the U.S. Abstract of Title issued by the U.S. 
Coast Guard that lists the individual as an owner and, if necessary to 
prove the required percentage ownership, other written documentation;
    (ii) For an undocumented vessel, owns a minimum 20-percent interest 
in the vessel as shown by a State of Alaska vessel license or 
registration that lists the individual as an owner and, if necessary to 
show the required percentage ownership interest, other written 
documentation; and
    (iii) Is represented on the vessel by a hired master employed by 
that individual and permitted in accordance with Sec. 679.4(d)(2).
    (2) Paragraph (i)(1) of this section does not apply to any 
individual who received an initial allocation of QS assigned to category 
B, C, or D and who, prior to April 17, 1997, employed a master to fish 
any of the IFQ issued to that

[[Page 725]]

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.
    (3) Paragraph (i)(1) of this section does not apply to individuals 
who received an initial allocation of QS assigned to vessel category 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 
transferable.
    (4) 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.
    (5) IFQ derived from QS held by a CQE must be used only by the 
individual whose IFQ permit account contains the resulting IFQ.
    (j) Use of IFQ resulting from QS assigned to vessel category B, C, 
or D by corporations, partnerships, or other non-individual entities. 
(1) Except as provided in paragraph (j)(7) of this section, a 
corporation, partnership, association, or other non-individual entity 
that received an initial allocation of QS assigned to category B, C, or 
D may fish the IFQ resulting from that QS and any additional QS acquired 
within the limitations of this section from a vessel if that 
corporation, partnership, association, or other non-individual entity:
    (i) For a documented vessel, owns a minimum 20-percent interest in 
the vessel as shown by the U.S. Abstract of Title issued by the U.S. 
Coast Guard that lists the corporation, partnership, association, or 
other non-individual entity as an owner and, if necessary to prove the 
required percentage ownership, other written documentation;
    (ii) For an undocumented vessel, owns a minimum 20-percent interest 
in the vessel as shown by a State of Alaska vessel license or 
registration that lists the corporation, partnership, association, or 
other non-individual entity as an owner and, if necessary to show the 
required percentage ownership interest, other written documentation; and
    (iii) Is represented on the vessel by a hired master employed by 
that individual and permitted in accordance with Sec. 679.4(d)(2).
    (2) The provision of paragraph (j)(1) of this section is not 
transferable and does not apply to QS assigned to vessel category 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, partnership, association, or other non-individual entity. 
Such transfers of additional QS within these areas must be to an 
individual pursuant to Sec. 679.41(c) and be used pursuant to 
paragraphs (c) and (i) of this section.
    (3) A corporation, partnership, association, or other non-individual 
entity, except for a publicly held corporation, that receives an initial 
allocation of QS assigned to vessel category B, C, or D loses the 
exemption provided under this paragraph (j) on the effective date of a 
change in the corporation, partnership, association, or other non-
individual entity from that which existed at the time of initial 
allocation.
    (4) 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, partnership, association, or other non-
individual entity; or
    (ii) For estates, the final or summary distribution of the estate.
    (5) The Regional Administrator must be notified of a change in the 
corporation, partnership, association, or other non-individual 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

[[Page 726]]

paragraph (j), is the date on which the new shareholder(s) or partner(s) 
may realize any corporate liabilities or benefits of the corporation, 
partnership, association, or other non-individual entity 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.
    (6) QS assigned to vessel category B, C, or D and IFQ resulting from 
that QS held in the name of a corporation, partnership, association, or 
other non-individual entity that changes, as defined in this paragraph 
(j), must be transferred to an individual, as prescribed in Sec. 
679.41, before it may be used at any time after the effective date of 
the change.
    (7) A corporation, partnership, association, or other non-individual 
entity that received an initial allocation of QS assigned to category B, 
C, or D and that, prior to April 17, 1997, employed a master to fish any 
of the IFQ issued to that corporation, partnership, association, or 
other non-individual entity may continue to employ a master to fish its 
IFQ on a vessel owned by the corporation, partnership, association, or 
other non-individual entity provided that the corporation, partnership, 
association, or other non-individual entity continues to own the vessel 
at no lesser percentage of ownership interest than that held on April 
17, 1997, and provided that corporation, partnership, association, or 
other non-individual entity did not acquire additional QS through 
transfer after September 23, 1997.
    (8) A corporation, partnership, or other non-individual entity, 
except for a publicly held corporation, that receives an allocation of 
QS must provide annual updates to the Regional Administrator identifying 
all current shareholders, partners, or members to the individual person 
level and affirming the entity's continuing existence as a corporation 
or partnership, or other non-individual entity.
    (9) The exemption provided in this paragraph (j) may be exercised by 
a corporation, partnership, association or other non-individual entity 
on a vessel owned by a person who is a shareholder in the corporation, 
partnership, association, or other non-individual entity, provided that 
the corporation, partnership, association, or other non-individual 
entity maintains a minimum of 20-percent interest in the vessel. For 
purposes of this paragraph (j), interest in a vessel is determined as 
the percentage of ownership in the corporation, partnership, 
association, or other non-individual entity by that person who is a 
shareholder in the corporation, partnership, association, or other non-
individual entity, multiplied by the percentage of ownership in the 
vessel by that person who is a shareholder in the corporation, 
partnership, association, or other non-individual entity.
    (k) Sablefish vessel clearance requirements--(1) General. Any vessel 
operator who fishes for sablefish in the Bering Sea or Aleutian Islands 
IFQ regulatory areas must possess a transmitting VMS transmitter while 
fishing for sablefish.
    (2) VMS requirements. (i) The operator of the vessel must comply 
with Sec. 679.28(f)(3), (f)(4), and (f)(5); and
    (ii) The operator of the vessel must contact NMFS at 800-304-4846 
(option 1) between 0600 and 0000 A.l.t. and receive a VMS confirmation 
number at least 72 hours prior to fishing for sablefish in the Bering 
Sea or Aleutian Islands IFQ regulatory areas.

[61 FR 31230, June 19, 1996]

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



Sec. 679.43  Determinations and appeals.

    (a) General. This section describes the procedure for appealing 
initial administrative determinations made in this title under parts 
679, 680, and under subpart E of part 300. This section does not apply 
to initial administrative determinations made under Sec. 679.30(d).
    (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

[[Page 727]]

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.
    (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

[[Page 728]]

proceedings and that all procedural requirements have been met. The 
decision must be based solely on the record of the proceedings. Except 
as provided in paragraph (o) of this section, an appellate officer's 
decision takes effect 30 days after it is issued and, upon taking 
effect, is the final agency action for purposes of judicial review.
    (l) Disqualification of an appellate officer. (1) The appellate 
officer will withdraw from an appeal at any time he/she deems himself/
herself disqualified.
    (2) The appellate officer may withdraw from an appeal on an 
appellant's motion if:
    (i) The motion is entered prior to the appellate officer's issuance 
of a decision; and
    (ii) The appellant demonstrates that the appellate officer has a 
personal bias or any other basis for disqualification.
    (3) If the appellate officer denies a motion to withdraw, he/she 
will so rule on the record.
    (m) Written hearing. (1) An appellate officer may order a written 
hearing under paragraph (h)(1) of this section if he/she:
    (i) Orders a hearing as provided in paragraph (g)(3) of this 
section; and
    (ii) Determines that the issues to be resolved at hearing can be 
resolved by allowing the appellant to present written materials to 
support his/her position.
    (2) After ordering a written hearing, the appellate officer will:
    (i) Provide the appellant with notification that a written hearing 
has been ordered.
    (ii) Provide the appellant with a statement of issues to be 
determined at hearing.
    (iii) Provide the appellant with 30 days to file a written response. 
The appellant may also provide documentary evidence to support his/her 
position. The period to file a written response may be extended at the 
sole discretion of the appellate officer, if the appellant shows good 
cause for the extension.
    (3) The appellate officer may, after reviewing the appellant's 
written response and documentary evidence:
    (i) Order that an oral hearing be held, as provided in paragraph 
(h)(2) of this section, to resolve issues that cannot be resolved 
through the written hearing process;
    (ii) Request supplementary evidence from the appellant before 
closing the record; or
    (iii) Close the record.
    (4) The appellate officer will close the record and issue a decision 
after determining that the information on the record is sufficient to 
render a decision.
    (n) Oral hearing. (1) The appellate officer may order an oral 
hearing under paragraphs (h)(2) and (m)(3)(i) of this section if he/she:
    (i) Orders a hearing as provided in paragraph (g)(3) of this 
section; and
    (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

[[Page 729]]

pre-hearing conference, if one is ordered, at least 30 days in advance 
of the conference. All action taken at the pre-hearing conference will 
be made part of the record.
    (5) At the beginning of the oral hearing, the appellate officer may 
first seek to obtain stipulations as to material facts and the issues 
involved and may state any other issues on which he/she may wish to have 
evidence presented. Issues to be resolved at the hearing will be limited 
to those identified by the appellate officer as provided in paragraph 
(g)(3) of this section. The appellant will then be given an opportunity 
to present his/her case.
    (6) During the oral hearing, the appellant has the right to present 
reliable and material oral or documentary evidence and to conduct such 
cross-examination as may be required in the interests of justice.
    (7) After the conclusion of the oral hearing, the appellant may be 
given time by the appellate officer to submit any supplementary 
information that may assist in the resolution of the case.
    (8) The appellate officer will close the record and issue a decision 
after determining that the information on the record is sufficient to 
render a decision.
    (o) Review by the Regional Administrator. An appellate officer's 
decision is subject to review by the Regional Administrator, as provided 
in this paragraph (o).
    (1) The Regional Administrator may affirm, reverse, modify, or 
remand the appellate officer's decision before the 30-day effective date 
of the decision provided in paragraph (k) of this section.
    (2) The Regional Administrator may take any of these actions on or 
after the 30-day effective date by issuing a stay of the decision before 
the 30-day effective date. An action taken under paragraph (o)(1) of 
this section takes effect immediately.
    (3) The Regional Administrator must provide a written explanation 
why an appellate officer's decision has been reversed, modified, or 
remanded.
    (4) The Regional Administrator must promptly notify the appellant(s) 
of any action taken under this paragraph (o).
    (5) The Regional Administrator's decision to affirm, reverse, or 
modify an appellate officer's decision is a final agency action for 
purposes of judicial review.
    (p) Issuance of a non-transferable license. A non-transferable 
license will be issued to a person upon acceptance of his or her appeal 
of an initial administrative determination denying an application for a 
license for license limitation groundfish, 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; 70 FR 10238, Mar. 2, 2005; 70 FR 16754, Apr. 1, 2005]



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

[[Page 730]]

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 30\th\ 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 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

[[Page 731]]

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) Established percentage. The annual IFQ 
fee percentage is the amount as determined by the factors and 
methodology described in paragraph (d)(2) of this section. This amount 
will be announced by publication in the Federal Register in accordance 
with paragraph (d)(3) of this section. This amount must not exceed 3 
percent pursuant to 16 U.S.C. 1854(d)(2)(B).
    (2) Calculating fee percentage value. Each year NMFS shall calculate 
and publish the fee percentage according to the following factors and 
methodology:
    (i) Factors. NMFS must use the following factors to determine the 
fee percentage:
    (A) The catch to which the IFQ fee will apply;
    (B) The ex-vessel value of that catch; and
    (C) The costs directly related to the management and enforcement of 
the IFQ program.
    (ii) Methodology. NMFS must use the following equation to determine 
the fee percentage:

    100 x (DPC / V)

where:

``DPC'' is the direct program costs for the IFQ fishery for the previous 
fiscal year, and
``V'' is the ex-vessel value of the catch subject to the IFQ fee for the 
current year.

    (3) Publication--(i) General. During or before the last quarter of 
each year, NMFS shall publish the IFQ fee percentage in the Federal 
Register. NMFS shall base any calculations on the factors and 
methodology in paragraph (d)(2) of this section.
    (ii) Effective period. The calculated IFQ fee percentage shall 
remain in effect through the end of the calendar year in which it was 
determined.
    (4) 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. 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 30\th\ 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

[[Page 732]]

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 30\th\ 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 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; 71 
FR 44232, Aug. 4, 2006]



                  Subpart E_Groundfish Observer Program

    Source: 61 FR 56431, Nov. 1, 1996, unless otherwise noted.



Sec. 679.50  Groundfish Observer Program.

    (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 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. The following table 
provides a reference to the paragraphs in this section that contain 
observer coverage requirements for vessels, shoreside processors, and 
stationary floating processors participating in certain fishery programs 
or fishing in certain areas. 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

[[Page 733]]

for non-CDQ groundfish fisheries specified in this section.

----------------------------------------------------------------------------------------------------------------
                                                                                                 Shoreside and
                                       Catcher/                                                   stationary
             Program                  processors       Catcher  vessels       Motherships          floating
                                                                                                  processors
----------------------------------------------------------------------------------------------------------------
(1) CDQ Program.................  (c)(4)............  (c)(4)............  (c)(4)............  (d)(5).
(2) AFA pollock.................  (c)(5)(i)(A) and    (c)(1) through (3)  (c)(5)(i)(A)......  (d)(6).
                                   (B).
(3) Aleutian Islands pollock....  (c)(5)(i)(C)......  (c)(1) through (3)  (c)(5)(i)(C)......  (d)(1) through
                                                                                               (4).
(4) Rockfish Program............  (c)(7)(i).........  (c)(7)(ii)........  N/A...............  (d)(7).
(5) Vessels fishing in the Red    (c)(1)(vii).......  (c)(1)(viii)......  N/A...............  N/A.
 King Crab Savings Area.
(6) Vessels fishing in the        (c)(1)(ix)........  (c)(1)(ix)........  N/A...............  N/A.
 Nearshore Bristol Bay Trawl
 Closure Area.
(7) Vessels fishing in the HLA    (c)(1)(x).........  (c)(1)(x).........  N/A...............  N/A.
 for Atka mackerel.
(8) Amendment 80 vessels and Non- (c)(6)............  N/A...............  N/A...............  N/A.
 AFA trawl C/Ps fishing in the
 BSAI.
(9) Vessels and processors        (c)(1) through      (c)(1) through (3)  (c)(1) through (3)  (d)(1) through
 participating in all other BSAI   (3), in GOA only.                                           (4).
 and GOA groundfish fisheries.
----------------------------------------------------------------------------------------------------------------

    (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) Unless otherwise 
specified in paragraphs (c)(4) through (7) of this section, 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)(vii), or October 15, whichever occurs first.
    (iv) A catcher/processor or catcher vessel 125 ft (38.1 m) LOA or 
longer must carry an observer during 100 percent of its fishing days 
except for a vessel fishing for groundfish with pot gear as provided in 
paragraph (c)(1)(vii) of this section.
    (v) A catcher/processor or catcher vessel equal to or greater than 
60 ft (18.3 m) LOA, but less than 125 ft (38.1 m) LOA, that participates 
for more than 3 fishing days in a directed fishery for groundfish in a 
calendar quarter must carry an observer during at least 30 percent of 
its fishing days in that calendar quarter and at all times during at 
least one fishing trip in that calendar quarter for each of the 
groundfish fishery categories defined under paragraph (c)(2) of this 
section in which the vessel participates.
    (vi) A catcher/processor or catcher vessel fishing with hook-and-
line gear 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.

[[Page 734]]

    (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) and in a retained catch of pollock harvested in the AI directed 
pollock fishery.
    (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.
    (vii) Rockfish Program. In retained catch from Rockfish Program 
fisheries.
    (3) Assignment of vessels to fisheries. At the end of any fishing 
trip, a vessel's retained catch of groundfish species or species groups 
for which a TAC has been specified under Sec. 679.20, in round-weight 
equivalent, will determine to which fishery category listed under 
paragraph (c)(2) of this section the vessel is assigned.
    (i) Catcher/processors. A catcher/processor will be assigned to a 
fishery category based on the retained groundfish catch composition 
reported on the vessel's production report submitted to the Regional 
Administrator under Sec. 679.5(e)(10).
    (ii) Catcher vessel delivery in Federal waters. A catcher vessel 
that delivers

[[Page 735]]

to a mothership in Federal waters will be assigned to a fishery category 
based on the retained groundfish catch composition reported on the 
production reports submitted to the Regional Administrator under Sec. 
679.5(e)(10).
    (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) CDQ 
groundfish fisheries. A catcher/processor not listed in Sec. 
679.4(1)(2)(i) using trawl gear and groundfish CDQ fishing, except 
catcher/processors directed fishing for pollock CDQ, must comply with 
the observer coverage requirements at paragraph (c)(6)(i) of this 
section and the catch monitoring requirements in Sec. 679.93(c).
    (2) Motherships. A mothership that receives groundfish from catcher 
vessels using trawl gear and groundfish CDQ fishing, except catcher 
vessels directed fishing for pollock CDQ, must have at least two level 2 
observers as described at paragraphs (j)(1)(v)(D) and (E) of this 
section onboard the vessel, at least one of whom must be endorsed 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 an alternative fishing 
plan under Sec. 679.32(e)(3) 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 an alternative 
fishing plan 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 an alternative fishing plan 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) Groundfish CDQ fishing. 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 or a catcher vessel directed fishing for 
pollock CDQ in the BS, must have at least one level 2 observer as 
described at paragraph (j)(1)(v)(D) of this section aboard the vessel at 
all times while it is groundfish CDQ fishing.
    (B) BS pollock CDQ fishery. A catcher vessel using trawl gear, 
except a catcher vessel that delivers only unsorted codends to a 
processor or another vessel, must have at least one observer aboard the 
vessel at all times while it is directed fishing for pollock CDQ in the 
BS.
    (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

[[Page 736]]

Sec. 679.32(d)(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(d)(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.
    (5) AFA and AI directed pollock fishery.--(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)(ii) 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.
    (C) AI directed pollock fishery catcher/processors and motherships. 
A catcher/processor participating in the AI directed pollock fishery or 
a mothership processing pollock harvested in the AI directed pollock 
fishery must have on board 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)(ii) of this section would 
otherwise preclude sampling as required under Sec. 679.63(a)(1).
    (D) AFA catcher vessels in the BS pollock fishery. A catcher vessel 
using trawl gear, except a catcher vessel that delivers only unsorted 
codends to a processor or another vessel, must have at least one 
observer aboard the vessel at all times while it is directed fishing for 
pollock in the BS.
    (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.
    (6) Amendment 80 vessels and non-AFA trawl catcher/processors--(i) 
Amendment 80 vessels and catcher/processors not listed in Sec. 
679.4(1)(2)(i) and using trawl gear in the BSAI. All Amendment 80 
vessels using any gear but dredge gear while directed fishing for 
scallops and catcher/processors not listed in Sec. 679.4(1)(2)(i) and 
using trawl gear in the BSAI must have onboard at least two NMFS-
certified observers for each day that the vessel is used to harvest, 
receive, or process groundfish in the BSAI or adjacent waters open by 
the State of Alaska for which it adopts a Federal fishing season.
    (A) Observer lead level 2 requirements. At least one of the 
observers required under this paragraph (c)(6)(i) must be endorsed as a 
lead level 2 observer. More than two observers are required if the 
observer workload restriction at paragraph (c)(6)(i)(B) of this section 
would otherwise preclude sampling as required.
    (B) Observer workload. The time required for the observer to 
complete sampling, data recording, and data communication duties must 
not exceed 12 consecutive hours in each 24-hour period.
    (ii) Amendment 80 vessels in the GOA. Except for the F/V GOLDEN 
FLEECE (USCG Documentation Number 609951), all Amendment 80 vessels, 
except when directed fishing for scallops using dredge gear, in the GOA 
must have onboard at least one NMFS-certified observer for each day that 
the vessel is used to harvest, receive, or process groundfish in the GOA 
management

[[Page 737]]

areas or adjacent waters open by the State of Alaska for which it adopts 
a Federal fishing season.
    (7) Rockfish Program--(i) Catcher/processor vessel--(A) Rockfish 
cooperative. A catcher/processor vessel that is named on an LLP license 
that is assigned to a rockfish cooperative and is fishing under a CQ 
permit must have onboard at least two NMFS-certified observers for each 
day that the vessel is used to harvest or process in the Central GOA 
from May 1 through the earlier of:
    (1) November 15; or
    (2) The effective date and time of an approved rockfish cooperative 
termination of fishing declaration.
    (B) Rockfish limited access fishery. A catcher/processor vessel 
harvesting fish allocated to the rockfish limited access fishery for the 
catcher/processor sector must have onboard at least two NMFS-certified 
observers for each day that the vessel is used to harvest or process in 
the Central GOA from July 1 through the earlier of:
    (1) November 15; or
    (2) The date and time NMFS closes all directed fishing for all 
primary rockfish species in the rockfish limited access fishery for the 
catcher/processor sector.
    (C) Sideboard fishery. A catcher/processor vessel, other than a 
catcher/processor vessel assigned to the opt-out fishery, that is 
subject to a sideboard limit as described under Sec. 679.82(d) through 
(h), as applicable, must have onboard at least two NMFS-certified 
observers for each day that the vessel is used to harvest or process 
from July 1 through July 31 while harvesting fish in the West Yakutat 
District, Central GOA, or Western GOA management areas.
    (D) Observer lead level 2 requirements. At least one of these 
observers must be endorsed as a lead level 2 observer. More than two 
observers are required if the observer workload restriction at paragraph 
(c)(7)(i)(E) of this section would otherwise preclude sampling as 
required.
    (E) Observer workload. 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.
    (F) Sideboard fishery for catcher/processor vessels in the opt-out 
fishery. (i) A catcher/processor vessel assigned to the opt-out fishery, 
that is subject to a sideboard limit as described under Sec. 679.82(d) 
through (h), as applicable, must have onboard at least one NMFS-
certified observer for each day that the vessel is used to harvest or 
process from July 1 through July 31 while harvesting fish in the West 
Yakutat District, Central GOA, or Western GOA management areas.
    (ii) Catcher vessels--(A) Rockfish cooperative. A catcher vessel 
that is named on an LLP license that is assigned to a rockfish 
cooperative and fishing under a CQ permit must have onboard a NMFS-
certified observer at all times the vessel is used to harvest fish in 
the Central GOA from May 1 through the earlier of:
    (1) November 15; or
    (2) The effective date and time of an approved rockfish cooperative 
termination of fishing declaration.
    (B) Rockfish limited access fishery. A catcher vessel harvesting 
fish allocated to the rockfish limited access fishery for the catcher 
vessel sector must have onboard a NMFS-certified observer onboard at all 
times the vessel is used to harvest in the Central GOA from July 1 
through the earlier of:
    (1) November 15; or
    (2) The date and time NMFS closes all directed fishing for all 
primary rockfish species in the rockfish limited access fishery for the 
catcher vessel sector.
    (C) Sideboard fishery. A catcher vessel that is subject to a 
sideboard limit as described under Sec. 679.82(d) through (h), as 
applicable, must have onboard a NMFS-certified observer at all times the 
vessel is used to harvest from July 1 through July 31 while harvesting 
fish in the West Yakutat District, Central GOA, or Western GOA 
management areas.
    (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

[[Page 738]]

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 (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(d)(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(d)(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

[[Page 739]]

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.
    (7) Rockfish Program--(i) Coverage level. A shoreside or stationary 
floating processor must have a NMFS-certified observer for each 12 
consecutive hour period in each calendar day during which it receives 
deliveries from a catcher vessel described at paragraph (c)(7)(ii) of 
this section. A shoreside or stationary floating processor that receives 
deliveries or processes catch from a catcher vessel described at 
paragraph (c)(7)(ii) of this section for more than 12 consecutive hours 
in a calendar day is required to have two NMFS-certified observers each 
of these days.
    (ii) Multiple processors. An observer deployed to a shoreside or 
stationary floating processor that receives deliveries from a catcher 
vessel described at paragraph (c)(7)(ii) of this section that were 
harvested under the Rockfish Program fisheries may not be assigned to 
cover more than one processor during a calendar day.
    (iii) Observers transferring between vessels and processors. An 
observer transferring from a catcher vessel delivering to a shoreside or 
stationary floating processor that receives deliveries from a catcher 
vessel described at paragraph (c)(7)(ii) of this section may not be 
assigned to cover the shoreside or stationary floating processor until 
at least 12 hours after offload and sampling of the catcher vessel's 
delivery is complete.
    (iv) Observer coverage limitations. Observer coverage requirements 
at paragraph (d)(7) of this section are in addition to observer coverage 
requirements in other fisheries. Observer coverage of deliveries of 
groundfish harvested by catcher vessels described at paragraph 
(c)(7)(ii) of this section are not counted for purposes of meeting 
minimum delivery standards applicable to groundfish at a shoreside 
processor or stationary floating processor. Any observer coverage of 
deliveries by catcher vessels not described at paragraph (c)(7)(ii) of 
this section that occur when the Program observer is present at that 
shoreside processor or stationary floating processor during that 
calendar day will be counted towards the coverage requirements for that 
month.
    (e) NMFS staff observers. (1) Any vessel, shoreside processor, or 
stationary floating processor required to comply with observer coverage 
requirements under paragraphs (c) or (d) of this section or under Sec. 
679.7(f)(4) or a catcher vessel less than 60 ft (18.3 m) LOA that is 
participating in the AI directed pollock fishery must use, upon written 
notification by the Regional Administrator, NMFS' staff or an individual 
authorized by NMFS to satisfy observer coverage requirements as 
specified in paragraphs (c) and (d) of this section or for other 
conservation and management purpose.
    (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

[[Page 740]]

any time to improve the accuracy, reliability, and availability of 
observer data, so long as the changes are based on one or more of the 
following:
    (i) A finding that fishing methods, times, or areas, or catch or 
bycatch composition for a specific fishery or fleet component have 
changed significantly, or are likely to change significantly.
    (ii) A finding that such modifications are necessary to improve data 
availability or quality in order to meet specific fishery management 
objectives.
    (2) Procedure. Observer coverage requirements may be adjusted in 
accordance with Sec. 679.25(c). NMFS must publish changes in observer 
coverage requirements in the Federal Register, with the reasons for the 
changes and any special instructions to vessels, 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 NMFS-certified observers to 
use the vessel's communications equipment and personnel, on request, for 
the confidential entry, transmission, and receipt of work-related 
messages, at no cost to the NMFS-certified observers or the nation.
    (B) Communication equipment requirements. In the case of an operator 
of a catcher/processor or mothership that is required to carry one or 
more observers, or a catcher vessel required to carry an observer as 
specified in paragraph (c)(1)(iv) or (c)(7)(ii) of this section:
    (1) Observer access to computer. Making a computer available for use 
by the observer. This computer must be connected to a communication 
device that provides a point-to-point connection to the NMFS host 
computer.
    (2) NMFS-supplied software. Ensuring that the catcher/processor, 
mothership, or catcher vessel specified in this paragraph (g)(1) has 
installed the most recent release of NMFS data entry software provided 
by the Regional Administrator, or other approved software.
    (3) Functional and operational equipment. Ensuring that the 
communication equipment required in this paragraph (g)(1)(iii)(B) and 
that is used by observers to enter and transmit data, is fully 
functional and operational. ``Functional'' means that all the tasks and 
components of the NMFS supplied, or other approved, software described 
at paragraph (g)(1)(iii)(B)(2) of this section and the data 
transmissions to NMFS can be executed effectively aboard the vessel by 
the communications equipment.
    (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

[[Page 741]]

the transfer, unless the observers specifically request not to be 
notified.
    (vii) Records. Allow observers to inspect and copy the vessel's DFL, 
DCPL, product transfer forms, any other logbook or document required by 
regulations, printouts or tallies of scale weights, scale calibration 
records, bin sensor readouts, and production records.
    (viii) Assistance. Provide all other reasonable assistance to enable 
observers to carry out their duties, including, but not limited to:
    (A) Measuring decks, codends, and holding bins.
    (B) Providing the observers with a safe work area adjacent to the 
sample collection site.
    (C) Collecting bycatch when requested by the observers.
    (D) Collecting and carrying baskets of fish when requested by 
observers.
    (E) Allowing observers to determine the sex of fish when this 
procedure will not decrease the value of a significant portion of the 
catch.
    (F) Collecting all seabirds that are incidentally taken on the 
observer-sampled portions of hauls using hook-and-line gear or as 
requested by an observer during non-sampled portions of hauls.
    (ix) Transfer at sea. (A) Ensure that transfers of observers at sea 
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 and stationary floating processor 
responsibilities. A manager of a shoreside processor or a stationary 
floating processor that is required to maintain observer coverage as 
specified under paragraph (d) of this section must:
    (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) Observer access to 
computer. Making a computer available for use by the observer. This 
computer must be connected to a communication device that provides a 
point-to-point connection to the NMFS host computer.
    (2) NMFS-supplied software. Ensuring that the shoreside or 
stationary floating processor specified in paragraph (g)(2) of this 
section has installed the most recent release of NMFS data entry 
software provided by the Regional Administrator, or other approved 
software.
    (3) Functional and operational equipment. Ensuring that the 
communication equipment required in paragraph (g)(2)(iii)(B) of this 
section and that is used by observers to enter and transmit data, is 
fully functional and operational. ``Functional'' means that all the 
tasks and components of the NMFS supplied, or other approved, software 
described at paragraph (g)(2)(iii)(B)(2) of this section and the data 
transmissions to NMFS can be executed effectively aboard the vessel by 
the communications equipment.
    (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.

[[Page 742]]

    (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.
    (3) The owner of a vessel, shoreside processor, stationary floating 
processor, or buying station is responsible for compliance and must 
ensure that the operator or manager of a vessel, shoreside processor, or 
stationary floating processor required to maintain observer coverage 
under paragraphs (c) or (d) of this section complies with the 
requirements given in paragraphs (g)(1) and (g)(2) of this section.
    (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 743]]

    (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 744]]

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)(x)(C) of this section that 
would prevent him or her from performing their assigned duties;

[[Page 745]]

    (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)(x)(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)(x)(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 services necessary to observers 
assigned to fishing vessels or 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 or stationary floating processor, and each observer between 
vessel, stationary floating processor or shoreside assignments while 
still under contract with a permitted observer provider, shall be 
provided with accommodations at a licensed hotel, motel, bed and 
breakfast, stationary floating processor, or other shoreside 
accommodations for the duration of each shoreside assignment or period 
between vessel or shoreside assignments. Such accommodations must 
include an assigned bed for each observer and no other person may be 
assigned that bed for the duration of that observer's stay. 
Additionally, no more than four beds may be in any room housing 
observers at accommodations meeting the requirements of this section.
    (C) An observer under contract may be housed on a vessel to which he 
or she is assigned:
    (1) Prior to their vessel's initial departure from port;
    (2) For a period not to exceed twenty-four hours following the 
completion of an offload when the observer has duties and is scheduled 
to disembark; or

[[Page 746]]

    (3) For a period not to exceed twenty-four hours following the 
vessel's arrival in port when the observer is scheduled to disembark.
    (D) During all periods an observer is housed on a vessel, the 
observer provider must ensure that the vessel operator or at least one 
crew member is aboard.
    (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.
    (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 stationary 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 stationary floating processors, 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 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

[[Page 747]]

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) Observer provider contracts. 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 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

[[Page 748]]

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 
paragraph (c) of this section;
    (2) Shoreside or stationary floating processors required to have 
observer coverage as specified at paragraph (d) of this section; and
    (3) 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) Other reports. 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 
(j)(2)(i) or (j)(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 stationary floating processors 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 stationary floating processors participating in a 
fishery managed pursuant to an FMP in the waters off the coast of 
Alaska, or
    (C) Any business involved with purchasing raw or processed products 
from any vessel, shoreside or stationary floating processors 
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 stationary floating 
processors other than when an observer will be deployed.
    (iii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift,

[[Page 749]]

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 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

[[Page 750]]

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 (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

[[Page 751]]

completed two observer cruises (contracts) of at least 10 days each and 
sampled at least 60 sets on a vessel using nontrawl gear.
    (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 stationary floating processors 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 stationary floating processors 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 stationary floating processors 
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 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:

[[Page 752]]

    (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.
    (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.

[[Page 753]]

    (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]

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



 Subpart F_American Fisheries Act and Aleutian Island Directed Pollock 
                       Fishery Management Measures

    Source: 67 FR 79734, Dec. 30, 2002, unless otherwise noted.



Sec. 679.60  Authority and related regulations.

    (a) 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)) and the 
Consolidated Appropriations Act of 2004 (Public Law 108-199, Sec. 803). 
Additional regulations in this part that implement specific provisions 
of the AFA and Consolidated Appropriations Act of 2004 are set out at 
Sec. Sec. 679.2 Definitions, 679.4 Permits, 679.5 Recordkeeping and 
reporting (R &R), 679.7 Prohibitions, 679.20 General limitations, 679.21 
Prohibited species bycatch management, 679.28 Equipment and operational 
requirements, 679.31 CDQ reserves, and 679.50 Groundfish Observer 
Program.
    (b) Regulations developed by the Department of Transportation to 
implement provisions of the AFA are found at 46 CFR part 356.

[70 FR 9867, Mar. 1, 2005]



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.
    (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 BS subarea 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

[[Page 754]]

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 this paragraph (d), 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.
    (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 BS subarea 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 this paragraph (e) 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

[[Page 755]]

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 April 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
    (v) The total weight of pollock landed outside the State of Alaska 
on a vessel-by-vessel basis.
    (vi) The number of salmon taken by species and season, and list each 
vessel's number of appearances on the weekly ``dirty 20'' lists for non-
Chinook salmon.
    (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 section 210(f) of the AFA and paragraph 
(e)(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 BS subarea 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

[[Page 756]]

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; 70 
FR 9868, Mar. 1, 2005; 72 FR 61076, Oct. 29, 2007; 73 FR 76166, Dec. 15, 
2008; 75 FR 53069, Aug. 30, 2010]



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 BS 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 the 
BS subarea that is equal to the sum of each member vessel's official AFA 
inshore cooperative catch history for the BS subarea divided 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. 
(Effective April 1, 2005) 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 
proposed and final BSAI harvest specifications notice.
    (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

[[Page 757]]

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 BS subarea 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 BS subarea.
    (3) How must cooperative harvests be reported to NMFS? Each inshore 
pollock cooperative must report its BS subarea 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 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

[[Page 758]]

co-op code of the vessel's home cooperative.

[67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003; 69 
FR 64688, Nov. 8, 2004; 70 FR 9868, Mar. 1, 2005]



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 sideboard 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 BS subarea directed pollock fishery.
    (1) How will groundfish sideboard limits for AFA listed catcher/
processors be calculated? Except for Aleutian Islands pollock and BSAI 
Pacific cod, the Regional Administrator will establish annual AFA 
catcher/processor harvest limits for each groundfish species or species 
group in which a TAC is specified for an area or subarea of the BSAI as 
follows:
    (i) Aleutian Islands Pacific ocean perch. (A) 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 Sections 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 remainder of the Aleutian Islands Pacific ocean perch TAC after 
the subtraction of the CDQ reserve under Sec. 679.20(b)(1)(ii)(C) in 
the year in which the harvest limit will be in effect.
    (B) If the amount of Pacific ocean perch calculated under paragraph 
(a)(1)(i)(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

[[Page 759]]

amount equal to the amount of Aleutian Islands Pacific ocean perch 
caught by AFA catcher/processors incidental to directed fishing for 
other groundfish species.
    (ii) Atka mackerel. The Atka mackerel harvest limit for each area 
and season will be equal to:
    (A) Bering Sea subarea and Eastern Aleutian Islands, zero;
    (B) Central Aleutian Islands, 11.5 percent of the annual TAC 
specified for Atka mackerel; and
    (C) Western Aleutian Islands, 20 percent of the annual TAC specified 
for Atka mackerel.
    (iii) Flathead sole, rock sole, and yellowfin sole. The harvest 
limit for flathead sole, rock sole, and yellowfin sole will be equal to 
the 1995 through 1997 aggregate retained catch of that species by 
catcher/processors listed in Sections 208(e)(1) through (e)(20) and 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 remainder 
of the TAC of that species after the subtraction of the CDQ reserve 
under Sec. 679.20(b)(1)(ii)(C) in the year in which the harvest limit 
will be in effect.
    (iv) Remaining groundfish species. (A) 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 Sections 208 (e)(1) through (e)(20) and 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.
    (B) If the amount of a species calculated under paragraph 
(a)(1)(iv)(A) 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.
    (v) Yellowfin sole sideboard limit exemption. AFA catcher/processors 
will not be subject to a harvest limit for yellowfin sole in the BSAI 
during a calendar year if the aggregate ITAC of yellowfin sole assigned 
to the Amendment 80 sector and BSAI trawl limited access sector is 
greater than or equal to 125,000 metric tons.
    (2) What are the halibut and crab PSC sideboard limits? The halibut 
and crab PSC bycatch limits specified for catcher/processors in the BSAI 
are listed in Tables 40 and 41 to this part.
    (3) 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 fisheries established under paragraph (a)(1) of this section 
in accordance with the procedures set out in Sec. Sec. 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 BS subarea directed pollock 
fishery.
    (1) To whom do the catcher vessel sideboard limits apply? Catcher 
vessel 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.

[[Page 760]]

    (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? Except for 
Aleutian Islands pollock, the Regional Administrator will establish 
annual AFA catcher vessel harvest limits for each groundfish species or 
species group in which a TAC is specified for an area or subarea of the 
GOA and BSAI as follows:
    (i) BSAI groundfish other than Amendment 80 species. 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) Amendment 80 species other than Pacific cod. The AFA catcher 
vessel groundfish harvest limit for each Amendment 80 species other than 
BSAI Pacific cod will be equal to the aggregate retained catch of that 
Amendment 80 species from 1995 through 1997 by all AFA catcher vessels, 
divided by the sum of the TAC available to catcher vessels for that 
species or species group from 1995 through 1997, and multiplied by the 
remainder of the TAC after the subtraction of the CDQ reserve under 
Sec. 679.20(b)(1)(ii)(C) in the year or season in which the harvest 
limit will be in effect.
    (iv) 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 halibut and crab PSC limits be calculated?--(i) BSAI. 
The halibut and crab PSC bycatch limits specified for catcher vessels in 
the BSAI are listed in Tables 40 and 41 to this part.
    (ii) GOA. The AFA catcher vessel PSC bycatch limit for halibut in 
the GOA 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 Sec. Sec. 679.20(d)(1)(iv) and 
679.21(d)(8) and (e)(3)(v).
    (6) Yellowfin sole sideboard limit exemption. AFA catcher vessels 
will not be subject to a harvest limit for yellowfin sole in the BSAI 
during a calendar year if the aggregate ITAC of yellowfin sole assigned 
to the Amendment 80 sector and BSAI trawl limited access sector is 
greater than or equal to 125,000 metric tons.

[67 FR 79734, Dec. 30, 2002, as amended at 70 FR 9868, Mar. 1, 2005; 72 
FR 52725, Sept. 14, 2007; 72 FR 50818, Sept. 4, 2007; 73 FR 27770, May 
14, 2008]

[[Page 761]]



Sec. 679.65  [Reserved]



                       Subpart G_Rockfish Program

    Source: 71 FR 67252, Nov. 20, 2006, unless otherwise noted.



Sec. 679.80  Initial allocation of rockfish QS.

    Regulations under this subpart were developed by National Marine 
Fisheries Service to implement Section 802 of the Consolidated 
Appropriations Act of 2004 (Public Law 108-199). Additional regulations 
that implement specific portions of the Rockfish Program are set out at: 
Sec. 679.2 Definitions, Sec. 679.4 Permits, Sec. 679.5 Recordkeeping 
and reporting, Sec. 679.7 Prohibitions, Sec. 679.20 General 
limitations, Sec. 679.21 Prohibited species bycatch management, Sec. 
679.28 Equipment and operational requirements, and Sec. 679.50 
Groundfish Observer Program.
    (a) Applicable areas and duration--(1) Applicable areas. The 
Rockfish Program applies to Rockfish Program fisheries in the Central 
GOA Regulatory Area and rockfish sideboard fisheries in the GOA and 
BSAI.
    (2) Duration. The Rockfish Program authorized under this part 
expires on December 31, 2011.
    (3) Seasons. The following fishing seasons apply to fishing under 
this subpart subject to other provisions of this part:
    (i) Rockfish entry level fishery--longline gear vessels. Fishing by 
vessels participating in the longline gear portion of the rockfish entry 
level fishery is authorized from 0001 hours, A.l.t., January 1 through 
1200 hours, A.l.t., November 15.
    (ii) Rockfish entry level fishery--trawl vessels. Fishing by vessels 
participating in the trawl gear portion of the rockfish entry level 
fishery is authorized from 1200 hours, A.l.t., May 1 through 1200 hours, 
A.l.t., November 15.
    (iii) Rockfish cooperative. Fishing by vessels participating in a 
rockfish cooperative is authorized from 1200 hours, A.l.t., May 1 
through 1200 hours, A.l.t., November 15.
    (iv) Rockfish fishery--rockfish limited access fishery. Fishing by 
vessels participating in the rockfish limited access fishery is 
authorized from 1200 hours, A.l.t., July 1 through 1200 hours, A.l.t., 
November 15.
    (b) Eligibility for harvesters to participate in the Rockfish 
Program--(1) Eligible rockfish harvester. A person is eligible to 
participate in the Rockfish Program as an eligible rockfish harvester if 
that person:
    (i) Holds a permanent fully transferrable LLP license at the time of 
application to participate in the Rockfish Program that:
    (A) Is endorsed for Central GOA groundfish with a trawl gear 
designation; and
    (B) Has a legal rockfish landing of any primary rockfish species in 
which the sum of the catch of all primary rockfish species for that 
legal rockfish landing exceeded the catch of all other groundfish; and
    (ii) Submits a timely application to participate in the Rockfish 
Program that is approved by NMFS.
    (2) Rockfish entry level fishery harvester. A person is eligible to 
participate in the Rockfish Program as a rockfish entry level fishery 
harvester if that person:
    (i) Holds a valid LLP license endorsed for Central GOA groundfish at 
the time of application for the entry level fishery;
    (ii) Submits a timely application for the entry level fishery that 
is approved by NMFS; and
    (iii) That person does not hold a permanent fully transferrable LLP 
license that is endorsed for Central GOA groundfish with a trawl 
designation and has a legal rockfish landing of any primary rockfish 
species in which the sum of the catch of all primary rockfish species 
for that legal rockfish landing exceeded the catch of all other 
groundfish.
    (3) Assigning a legal rockfish landing to an LLP license. A legal 
rockfish landing is assigned to an eligible LLP license endorsed for the 
Central GOA management area with a trawl gear designation if that legal 
rockfish landing was made onboard a vessel that gave rise to that LLP 
license prior to the issuance of that LLP license, or that legal 
rockfish landing was made on a vessel using trawl gear operating under 
the authority of that LLP license.

[[Page 762]]

    (4) Legal rockfish landings assigned to the catcher/processor 
sector. A legal rockfish landing for a primary rockfish species is 
assigned to the catcher/processor sector if:
    (i) The legal rockfish landing of that primary rockfish species was 
harvested and processed onboard a vessel during the season dates for 
that primary rockfish species as established in Table 28 to this part; 
and
    (ii) The legal rockfish landings that were derived from that vessel 
resulted in, or were made under the authority of, an eligible LLP 
license that is endorsed for Central GOA groundfish fisheries with trawl 
gear with a catcher/processor designation.
    (5) Legal rockfish landings assigned to the catcher vessel sector. A 
legal rockfish landing for a primary rockfish species is assigned to the 
catcher vessel sector if:
    (i) The legal rockfish landing of that primary rockfish species was 
harvested and not processed onboard a vessel during the season dates for 
that primary rockfish species as established under Table 28 to this 
part; and
    (ii) The legal rockfish landings that were derived from that vessel 
resulted in, or were made under the authority of, an eligible LLP 
license that is endorsed for Central GOA groundfish fisheries with trawl 
gear; and
    (iii) Those legal rockfish landings do not meet the criteria for 
being a legal rockfish landing assigned to the catcher/processor sector 
as defined in paragraph (b)(4) of this section.
    (c) Eligibility for processors to participate in the Rockfish 
Program--(1) Eligible rockfish processor. A person is eligible to 
participate in the Rockfish Program as an eligible rockfish processor if 
that person:
    (i) Holds the processing history of a shoreside processor or 
stationary floating processor that received not less than 250 metric 
tons in round weight equivalents of aggregate legal rockfish landings of 
primary rockfish species each calendar year in any four of the five 
calendar years from 1996 through 2000 during the season dates for that 
primary rockfish species as established in Table 28 to this part;
    (ii) Submits a timely application to participate in the Rockfish 
Program that is approved by NMFS; and
    (iii) That person or successor-in-interest exists at the time of 
application to participate in the Rockfish Program.
    (2) Holder of processing history. A person holds the processing 
history of a shoreside processor or stationary floating processor if 
that person:
    (i) Owns the shoreside processor or stationary floating processor at 
which the legal rockfish landings were received at the time of 
application to participate in the Rockfish Program, unless that 
processing history has been transferred to another person by the express 
terms of a written contract that clearly and unambiguously provides that 
such processing history has been transferred; or
    (ii) (A) Holds the processing history of a shoreside processor or 
stationary floating processor at which the legal rockfish landings were 
received and obtained that processing history by the express terms of a 
written contract that clearly and unambiguously provides that such 
processing history is held by that person at the time of application to 
participate in the Rockfish Program; and
    (B) The shoreside processor or stationary floating processor from 
which that processing history is derived did not have a valid Federal 
Processor Permit at the time that the processing history had been 
transferred by the express terms of a written contract.
    (3) Eligible entry level fishery processor. A person is eligible to 
participate in the Rockfish Program as an eligible entry level fishery 
processor if that person is not an eligible rockfish processor.
    (d) Official Rockfish Program record--(1) Use of the official 
Rockfish Program record. The official Rockfish Program record will 
contain information used by the Regional Administrator to determine:
    (i) The amount of legal rockfish landings and resulting processing 
history assigned to a shoreside processor or stationary floating 
processor;
    (ii) The amount of legal rockfish landings assigned to an LLP 
license;

[[Page 763]]

    (iii) The amount of rockfish QS resulting from legal rockfish 
landings assigned to an LLP license held by an eligible rockfish 
harvester;
    (iv) Sideboard ratios assigned to eligible rockfish harvesters;
    (v) The amount of legal rockfish landings assigned to an eligible 
rockfish processor for purposes of establishing a rockfish cooperative 
with eligible rockfish harvesters; and includes:
    (vi) All other information used by NMFS that is necessary to 
determine eligibility to participate in the Rockfish Program and assign 
specific harvest or processing privileges to Rockfish Program 
participants.
    (2) Presumption of correctness. The official Rockfish Program record 
is presumed to be correct. An applicant to participate in the Rockfish 
Program has the burden to prove otherwise. For the purposes of creating 
the official Rockfish Program record, the Regional Administrator will 
presume the following:
    (i) An LLP license is presumed to have been used onboard the same 
vessel from which that LLP license was derived during the calendar years 
2000 and 2001, unless written documentation is provided that establishes 
otherwise.
    (ii) If more than one person is claiming the same legal rockfish 
landing, then each LLP license for which the legal rockfish landing is 
being claimed will receive an equal share of any resulting rockfish QS 
unless the applicants can provide written documentation that establishes 
an alternative means for distributing the catch history to the LLP 
licenses.
    (3) Documentation. (i) Only legal rockfish landings, as defined in 
Sec. 679.2, shall be used to establish an allocation of rockfish QS or 
a sideboard ratio.
    (ii) Evidence of legal rockfish landings used to establish 
processing history for an eligible rockfish processor is limited to 
State of Alaska fish tickets.
    (4) Non-severability of legal rockfish landings. Legal rockfish 
landings are non-severable:
    (i) From the LLP license to which those legal rockfish landings are 
assigned according to the official Rockfish Program record; or
    (ii) From the shoreside processor or stationary floating processor 
at which the legal rockfish landings were received unless the processing 
history assigned to that shoreside processor or stationary floating 
processor is transferred, in its entirety, to another person under the 
provisions in paragraph (c)(2)(ii) of this section.
    (e) Application to participate in the Rockfish Program--(1) 
Submission of application to participate in the Rockfish Program. A 
person who wishes to participate in the Rockfish Program as an eligible 
rockfish harvester or eligible rockfish processor must submit a timely 
and complete application to participate in the Rockfish Program. This 
application may only be submitted to NMFS using the following methods:
    (i) Mail: Regional Administrator, c/o Restricted Access Management 
Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
    (ii) Fax: 907-586-7354; or
    (iii) Hand Delivery or Carrier: NMFS, Room 713, 709 West 9th Street, 
Juneau, AK 99801.
    (2) Forms. Forms are available through the internet on the NMFS 
Alaska Region website at http://www.fakr.noaa.gov, or by contacting NMFS 
at 800-304-4846, Option 2.
    (3) Deadline. A completed application to participate in the Rockfish 
Program must be received by NMFS no later than 1700 hours A.l.t. on 
January 2, 2007, or if sent by U.S. mail, postmarked by that time.
    (4) Contents of application. A completed application must contain 
the following information:
    (i) Applicant identification. (A) The applicant's name, NMFS person 
ID (if applicable), tax ID or social security number, permanent business 
mailing address, business telephone number, and business fax number, and 
e-mail (if available);
    (B) Indicate (YES or NO) if the applicant is a U.S. citizen; if YES, 
enter his or her date of birth;
    (C) Indicate (YES or NO) if the applicant is a U.S. corporation, 
partnership, association, or other business entity; if YES, enter the 
date of incorporation;

[[Page 764]]

    (D) Indicate (YES or NO) if the applicant is a successor-in-interest 
to a deceased individual or to a non-individual no longer in existence, 
if YES attach evidence of death or dissolution;
    (E) For an applicant claiming legal rockfish landings associated 
with an LLP license, enter the following information for each LLP 
license: LLP license number, name of the original qualifying vessel(s) 
(OQV(s)) that gave rise to the LLP license, ADF&G vessel registration 
number of the OQV, and names, ADF&G vessel registration numbers, and 
USCG documentation numbers of all other vessels used under the authority 
of this LLP license, including dates when landings were made under the 
authority of an LLP license for 2000 and 2001;
    (F) For an applicant claiming legal rockfish landings in the 
catcher/processor sector, enter the following information: LLP license 
numbers, vessel names, ADF&G vessel registration numbers, and USCG 
documentation numbers of vessels on which legal rockfish landings were 
caught and processed.
    (ii) Processor eligibility. (A) Indicate (YES or NO) if the 
applicant received at least 250 metric tons in round weight equivalent 
of aggregate legal rockfish landings of primary rockfish species each 
calendar year in any four of the five calendar years from 1996 through 
2000 during the season dates for that primary rockfish species as 
established in Table 28 to this part;
    (B) If the answer to paragraph (e)(4)(ii)(A) of this section is YES, 
enter the facility name and ADF&G processor code(s) for each processing 
facility where legal rockfish landings were received and the qualifying 
years or seasons for which applicant is claiming eligibility.
    (C) Enter the name of the community in which the primary rockfish 
species were received. The community is either:
    (1) The city, if the community is incorporated as a city within the 
State of Alaska;
    (2) The borough, if the community is not a city incorporated within 
the State of Alaska, but the community is in a borough incorporated 
within the State of Alaska.
    (D) Enter the four calendar years from 1996 through 2000 that NMFS 
will use to determine the percentage of legal rockfish landings received 
by that eligible rockfish processor for purposes of forming an 
association with a rockfish cooperative.
    (E) Submit a copy of the contract that demonstrates that the legal 
processing history and rights to apply for and receive processor 
eligibility based on that legal processing history have been transferred 
or retained (if applicable); and
    (F) Any other information deemed necessary by the Regional 
Administrator.
    (iii) Applicant signature and certification. The applicant must sign 
and date the application certifying that all information is true, 
correct, and complete to the best of his/her knowledge and belief. If 
the application is completed by a designated representative, then 
explicit authorization signed by the applicant must accompany the 
application.
    (5) Application evaluation. The Regional Administrator will evaluate 
applications received as specified in paragraph (e)(3) of this section 
and compare all claims in an application with the information in the 
official Rockfish Program record. Application claims that are consistent 
with information in the official Rockfish Program record will be 
approved by the Regional Administrator. Application claims that are 
inconsistent with official Rockfish Program record, unless verified by 
documentation, will not be approved. An applicant who submits 
inconsistent claims, or an applicant who fails to submit the information 
specified in paragraph (e)(4) of this section, will be provided a single 
30-day evidentiary period 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 
Rockfish Program record. An applicant who submits claims that are 
inconsistent with information in the official Rockfish Program record 
has the burden of proving that the submitted

[[Page 765]]

claims are correct. Any claims that remain inconsistent or that are not 
accepted after the 30-day evidentiary period will be denied, and the 
applicant will be notified by an initial administrative determination 
(IAD) of his or her appeal rights under Sec. 679.43.
    (6) Appeals. If an applicant is notified by an IAD that claims made 
by the applicant have been denied, that applicant may appeal that IAD 
under the provisions at Sec. 679.43.
    (f) Rockfish QS allocation--(1) General. An eligible rockfish 
harvester who holds an LLP license at the time of application to 
participate in the Rockfish Pilot Program will receive rockfish QS 
assigned to that LLP license based on the legal rockfish landings 
assigned to that LLP license according to the official Rockfish Program 
record.
    (2) Non-severability of rockfish QS from an LLP license. Rockfish QS 
assigned to an LLP license is non-severable from that LLP license.
    (3) Calculation of rockfish QS. (i) Based on the official Rockfish 
Program record, the Regional Administrator shall determine the total 
amount of legal rockfish landings of each primary rockfish species in 
each year during the fishery seasons established in Table 28 to this 
part.
    (ii) For each sector, Rockfish QS for each primary rockfish species 
shall be based on the percentage of the legal rockfish landings of each 
primary rockfish species in that sector associated with each fully 
transferrable LLP licenses held by eligible rockfish harvesters in that 
sector.
    (iii) The Regional Administrator shall calculate rockfish QS for 
each sector for each primary rockfish species ``s'' based on each fully 
transferable LLP license ``l'' held by all eligible rockfish harvesters 
by the following procedure:
    (A) Sum the legal rockfish landings for each year during the fishery 
seasons established in Table 28 to this part.
    (B) Select the five years that yield the highest tonnage of that 
primary rockfish species, including zero pounds if necessary.
    (C) Sum the tonnage of the highest five years, for that species for 
that LLP license as selected under paragraph (f)(3)(iii)(B) of this 
section. This yields the Highest Five Years.
    (D) Divide the Highest Five Years in paragraph (f)(3)(iii)(C) of 
this section for an LLP license and species by the sum of all Highest 
Five Years based on the official Rockfish Program record for that 
species as presented in the following equation:

Highest Five Yearsls / [sum] All Highest Five Yearss 
    = Percentage of the Totalls


The result (quotient) of this equation is the Percentage of the 
Totalls.
    (E) Multiply the Percentage of the Totalls by the Initial 
Rockfish QS Pool for each relevant species as established in Table 29 to 
this part. This yields the number of rockfish QS units for that LLP 
license for that primary rockfish species in rockfish QS units.
    (F) Determine the percentage of legal rockfish landings from the 
official Rockfish Program record in the qualifying years used to 
calculate the rockfish QS assigned to the catcher/processor sector and 
multiply the rockfish QS units calculated in paragraph (f)(3)(iii)(E) of 
this section by this percentage. This yields the rockfish QS units to be 
assigned to the catcher/processor sector for that LLP license and 
species. For each primary rockfish species, the total amount of rockfish 
QS units assigned to the catcher/processor sector is the sum of all 
catch history allocation units assigned to all eligible rockfish 
harvesters in the catcher/processor sector.
    (G) Determine the percentage of legal rockfish landings from the 
official Rockfish Program record in the qualifying years used to 
calculate rockfish QS assigned to the catcher vessel sector and multiply 
the Rockfish QS units calculated in paragraph (f)(3)(iii)(E) of this 
section by this percentage. This yields the rockfish QS units to be 
assigned to the catcher vessel sector for that LLP license and species. 
For each primary rockfish species, the total amount of rockfish QS units 
assigned to the catcher vessel sector is equal to

[[Page 766]]

the sum of all rockfish QS units assigned to all eligible rockfish 
harvesters in the catcher vessel sector.

[71 FR 67252, Nov. 20, 2006, as amended at 72 FR 37681, July 11, 2007; 
73 FR 67811, Nov. 17, 2008]



Sec. 679.81  Rockfish Program annual harvester and processor privileges.

    (a) Sector and LLP license allocations of primary rockfish species--
(1) General. Each calendar year, the Regional Administrator will 
determine the tonnage of primary rockfish species that will be assigned 
to the Rockfish Program. For participants in a rockfish cooperative, 
rockfish limited access fishery, or opt-out fishery, amounts will be 
allocated to the appropriate sector, either the catcher/processor sector 
or the catcher vessel sector. The tonnage of fish assigned to a sector 
will be further assigned to rockfish cooperative(s) or the rockfish 
limited access fishery within that sector.
    (2) Calculation. The amount of primary rockfish species allocated to 
the Rockfish Program is calculated by deducting the incidental catch 
allowance (ICA) the Regional Administrator determines is required on an 
annual basis in other non-target fisheries from the TAC. Ninety-five 
(95) percent of the remaining TAC for that primary rockfish species 
(TACs) is assigned for use by rockfish cooperatives and the 
rockfish limited access fishery in the catcher vessel and catcher/
processor sectors. Five (5) percent of the remaining TAC is allocated 
for use in the rockfish entry level fishery. The formulae are as follows 
in paragraphs (g)(2)(i) and (ii) of this section:
    (i) (TAC - ICA) x 0.95 = TACs.
    (ii) (TAC - ICA) x 0.05 = TAC for the Rockfish Entry Level Fishery.
    (3) Primary rockfish species TACs assigned to the catcher/processor 
and catcher vessel sector. TACs assigned for a primary 
rockfish species will be divided between the catcher/processor sector 
and the catcher vessel sector. Each sector will receive a percentage of 
TACs for each primary rockfish species equal to the sum of 
the rockfish QS units assigned to all LLP licenses that receive rockfish 
QS in that sector divided by the rockfish QS pool for that primary 
rockfish species. Expressed algebraically for each primary rockfish 
species ``s'' in paragraphs (g)(3)(i) and (ii) of this section:
    (i) Catcher/Processor Sector TACs = [(TACs) x 
(Rockfish QS Units in the Catcher/Processor Sectors/Rockfish 
QS Pools)].
    (ii) Catcher Vessel Sector TACs = [(TACs) x 
(Rockfish QS Units in the Catcher Vessel Sectors/Rockfish QS 
Pools)].
    (4) Use of primary rockfish species by an eligible rockfish 
harvester. Once a TACs is assigned to a sector, the use of 
that TACs by eligible rockfish harvesters in that sector is 
governed by regulations applicable to the rockfish cooperative, limited 
access fishery, or opt-out fishery in which those eligible rockfish 
harvesters are participating. The TACs is assigned as 
follows:
    (i) Any TACs assigned to a rockfish cooperative is issued 
as CQ and may be harvested only by the members of the rockfish 
cooperative that has been assigned that CQ and only on vessels that are 
authorized to fish under that CQ permit. Once issued, CQ may be 
transferred between rockfish cooperatives according to the provisions in 
paragraph (f) of this section.
    (ii) Any TACs assigned to the rockfish limited access 
fishery in the catcher vessel sector may be harvested by any eligible 
rockfish harvester who has assigned an LLP license with rockfish QS for 
use in the rockfish limited access fishery in the catcher vessel sector.
    (iii) Any TACs assigned to the rockfish limited access 
fishery in the catcher/processor sector may be harvested by any eligible 
rockfish harvester who has assigned an LLP license with rockfish QS for 
use in the rockfish limited access fishery in the catcher/processor 
sector.
    (iv) TACs is not assigned to an opt-out fishery. Any 
TACs that would have been derived from rockfish QS assigned 
to the opt-out fishery is reassigned to rockfish cooperatives and the 
rockfish limited access fishery in the catcher/processor sector as 
established in paragraph (a)(5)(ii) of this section.
    (5) Determining the TACs of primary rockfish species. TACs 
is assigned to each rockfish cooperative or limited access fishery based 
on the rockfish QS

[[Page 767]]

assigned to that fishery in each sector according to the following 
procedures:
    (i) Catcher vessel sector. The assignment of TACs to a 
rockfish cooperative or limited access fishery is governed by the 
Rockfish Program fishery to which an LLP license is assigned under this 
paragraph (a).
    (A) Rockfish cooperative. The amount of TACs for each 
primary rockfish species assigned to a rockfish cooperative is equal to 
the amount of rockfish QS units assigned to that rockfish cooperative 
divided by the total rockfish QS pool in the catcher vessel sector 
multiplied by the catcher vessel TACs. Once TACs 
for a primary rockfish species is assigned to a rockfish cooperative, it 
is issued as CQ specific to that rockfish cooperative. The amount of CQ 
for each primary rockfish species that is assigned to a rockfish 
cooperative is expressed algebraically as follows:

CQ = [(Catcher Vessel Sector TACs) x (Rockfish QS assigned to 
    that Cooperative/Rockfish QS Units in the Catcher Vessel 
    Sectors)].

    (B) Rockfish limited access fishery. The amount of TACs 
for each primary rockfish species assigned to the rockfish limited 
access fishery is equal to the catcher vessel sector TACs 
subtracting all CQ issued to rockfish cooperatives in the catcher vessel 
sector for that primary rockfish species. Expressed algebraically in the 
following equation:

Catcher Vessel Sector Rockfish Limited Access Fishery TACs = 
    Catcher Vessel Sector TACs - ([sum] CQ issued to Rockfish 
    Cooperatives in the Catcher Vessel Sector).

    (ii) Catcher/processor sector. The assignment of TACs to 
a rockfish cooperative or limited access fishery is determined by the 
Rockfish Program fishery to which an LLP license is assigned under this 
paragraph (a).
    (A) Rockfish cooperative. The amount of TACs for each 
primary rockfish species assigned to a rockfish cooperative is equal to 
the amount of rockfish QS units assigned to that rockfish cooperative 
divided by the sum of the rockfish QS units assigned to rockfish 
cooperatives and the limited access fishery in the catcher/processor 
sector multiplied by the catcher/processor TACs. Once 
TACs for a primary rockfish species is assigned to a rockfish 
cooperative it is issued as CQ specific to that rockfish cooperative. 
The amount of CQ for each primary rockfish species that is assigned to a 
rockfish cooperative is expressed algebraically as follows:

CQ = [(Catcher/Processor Sector TACs) x (Rockfish QS Units 
    assigned to that Cooperative / [sum] Rockfish QS Units assigned to 
    all rockfish cooperatives and the Limited Access Fishery in the 
    Catcher/Processor Sector).

    (B) Rockfish limited access fishery. The amount of TACs 
for each primary rockfish species assigned to the limited access fishery 
is equal to the catcher/processor TACs subtracting all CQ 
issued to rockfish cooperatives in the catcher/processor sector for that 
primary rockfish species. Expressed algebraically in the following 
equation:

Catcher/Processor Sector Rockfish Limited Access Fishery TACs 
    = [(Catcher/Processor Sector TACs) - ([sum] CQ issued to 
    rockfish cooperatives in the Catcher/Processor Sector).

    (b) Sector and LLP license allocations of secondary species--(1) 
General. Each calendar year, the Regional Administrator will determine 
the tonnage of secondary species that may be assigned to the Rockfish 
Program. This amount will be assigned to the catcher/processor sector 
and the catcher vessel sector. The tonnage of fish assigned to a sector 
will be assigned only to rockfish cooperatives within that sector. CQ of 
secondary species is subject to the use limitations established in 
paragraph (b)(4) of this section.
    (2) Maximum amount of secondary species tonnage that may be assigned 
to the catcher/processor sector. (i) Sum the amount of each secondary 
species retained by all vessels that gave rise to an LLP license with a 
catcher/processor designation or that fished under an LLP license with a 
catcher/processor designation during the directed fishery for any 
primary rockfish species in which the sum of the catch of all primary 
rockfish species for that legal rockfish landing exceeded the catch of 
all other groundfish during all qualifying season dates established in

[[Page 768]]

Table 28 to this part. This is the rockfish catcher/processor sector 
harvest for that secondary species.
    (ii) Sum the amount of each secondary species retained by all 
vessels in the Central GOA regulatory Area and adjacent waters open by 
the State of Alaska for which it adopted a Federal fishing season from 
January 1, 1996, until December 31, 2002. This is the total secondary 
species harvest.
    (iii) For each secondary species, divide the rockfish catcher/
processor sector harvest by the total secondary species harvest and 
multiply by 100. This is the percentage of secondary species that may be 
assigned to the catcher/processor sector in the Rockfish Program 
fishery.
    (iv) Multiply the percentage of each secondary species assigned to 
the catcher/processor sector in the Rockfish Program fishery by the TAC 
for that secondary species. This is the maximum amount of that secondary 
species that may be allocated to the catcher/processor sector in the 
Rockfish Program.
    (v) The maximum amount of rougheye rockfish that may be allocated to 
the catcher/processor sector is equal to 58.87 percent of the TAC for 
the Central GOA.
    (vi) The maximum amount of shortraker rockfish that may be allocated 
to the catcher/processor sector is equal to 30.03 percent of the TAC for 
the Central GOA.
    (3) Maximum amount of secondary species tonnage that may be assigned 
to the catcher vessel sector. (i) Sum the amount of each secondary 
species retained by all vessels that gave rise to an LLP license with a 
catcher vessel designation or that fished under an LLP license with a 
catcher vessel designation during the directed fishery for any primary 
rockfish species in which the sum of the catch of all primary rockfish 
species for that legal rockfish landing exceeded the catch of all other 
groundfish during all qualifying season dates established in Table 28 to 
this part. This is the rockfish catcher vessel sector harvest for that 
secondary species.
    (ii) Sum the amount of each secondary species retained by all 
vessels in the Central GOA regulatory Area and adjacent waters open by 
the State of Alaska for which it adopted a Federal fishing season from 
January 1, 1996, until December 31, 2002. This is the total secondary 
species harvest.
    (iii) For each secondary species, divide the rockfish catcher vessel 
sector harvest by the total secondary species harvest and multiply by 
100. This is the percentage of each secondary species that may be 
assigned to the catcher vessel sector in the Rockfish Program fishery.
    (iv) Multiply the percentage of each secondary species assigned to 
the catcher vessel sector in the Rockfish Program fishery by the TAC for 
that secondary species. This is the maximum amount of that secondary 
species that may be allocated to the catcher vessel sector in the 
Rockfish Program.
    (4) Use of a secondary species by an eligible rockfish harvester. 
Once the maximum amount of secondary species that may be assigned to a 
sector has been determined, the use of that specific amount that is 
assigned to that sector is governed by regulations applicable to the 
specific Rockfish Program fishery in which eligible rockfish harvesters 
are participating. The specific amount of each secondary species that 
may be used by eligible rockfish harvesters is determined by the 
following procedure:
    (i) Secondary species may only be assigned to a rockfish 
cooperative. Once a secondary species is assigned to a rockfish 
cooperative it is issued as CQ, which may only be used by the rockfish 
cooperative to which it is assigned.
    (ii) Secondary species are not assigned to a rockfish limited access 
fishery or the opt-out fishery and there is not a dedicated harvestable 
allocation for any specific participant in these rockfish fisheries.
    (5) Determining the amount of secondary species CQ assigned to a 
rockfish cooperative. The amount of CQ for each secondary species that 
is assigned to each rockfish cooperative is determined according to the 
following procedures:
    (i) CQ assigned to rockfish cooperatives in the catcher/processor 
sector. The CQ for a secondary species that is assigned to a rockfish 
cooperative is equal to

[[Page 769]]

the maximum amount of that secondary species that may be allocated to 
the catcher/processor sector in the Rockfish Program multiplied by the 
sum of the rockfish QS units for all primary rockfish species assigned 
to that rockfish cooperative divided by the sum of the rockfish QS units 
assigned to rockfish cooperatives and the limited access fishery for all 
primary rockfish species in the catcher/processor sector. Expressed 
algebraically in the following equation:

CQ for that Secondary Species = maximum amount of that Secondary Species 
    that may be allocated to the Catcher/Processor Sector in the 
    Rockfish Program x ([sum] Rockfish QS Units assigned to that 
    Rockfish cooperative / [sum] Rockfish QS Units assigned to all 
    rockfish cooperatives and the Limited Access Fishery in the Catcher/
    Processor Sector)

    (ii) CQ assigned to rockfish cooperatives in the catcher vessel 
sector. The CQ for a secondary species that is assigned to a specific 
rockfish cooperative is equal to the maximum amount of that secondary 
species that may be allocated to the catcher vessel sector in the 
Rockfish Program multiplied by the sum of the rockfish QS units for all 
primary rockfish species assigned to that rockfish cooperative divided 
by the rockfish QS pool for all primary rockfish species in the catcher 
vessel sector. Expressed algebraically in the following equation:

CQ for that Secondary Species = maximum amount of that Secondary Species 
    that may be allocated to the Catcher Vessel Sector in the Rockfish 
    Program x ([sum] Rockfish QS Units assigned to that Rockfish 
    Cooperative / Rockfish QS Pool in the Catcher Vessel Sector).

    (c) Sector and LLP license allocations of rockfish halibut PSC--(1) 
General. Each calendar year, the Regional Administrator will determine 
the tonnage of rockfish halibut PSC that will be assigned to the 
Rockfish Program. This amount will be allocated to the appropriate 
sector, either the catcher/processor sector or the catcher vessel 
sector. The tonnage of rockfish halibut PSC assigned to a sector will be 
further assigned as CQ only to rockfish cooperative(s) within that 
sector.
    (2) Maximum amount of rockfish halibut PSC that may be assigned to 
the catcher/processor and catcher vessel sectors. (i) Sum the amount of 
halibut PSC used by all vessels that gave rise to an LLP license or that 
fished under an LLP license used during the directed fishery for any 
primary rockfish species in which the sum of the catch of all primary 
rockfish species for that legal rockfish landing exceeded the catch of 
all other groundfish during all qualifying season dates established in 
Table 28 to this part. This is the rockfish halibut PSC amount.
    (ii) Sum the amount of halibut PSC by all vessels in the GOA 
Regulatory Area and adjacent waters open by the State of Alaska for 
which it adopted a Federal fishing season from January 1, 1996, until 
December 31, 2002. This is the Total Halibut PSC.
    (iii) Divide the rockfish halibut PSC amount by the total halibut 
PSC and multiply by 100. This is the percentage of rockfish halibut PSC 
assigned to the Rockfish Program fishery.
    (iv) Multiply the percentage of rockfish halibut PSC assigned to the 
Rockfish Program fishery by the GOA halibut PSC limit. This is the 
maximum amount of rockfish halibut PSC that may be allocated to the 
Rockfish Program fishery.
    (v) Multiply the maximum amount of rockfish halibut PSC that may be 
allocated to the Rockfish Program fishery by the percentage of the 
aggregate Rockfish QS assigned to the catcher/processor sector. This is 
the maximum amount of rockfish halibut PSC that may be allocated to the 
catcher/processor sector.
    (vi) Multiply the maximum amount of rockfish halibut PSC that may be 
allocated to the Rockfish Program fishery by the percentage of the 
aggregate Rockfish QS assigned to the catcher vessel sector. This is the 
maximum amount of rockfish halibut PSC that may be allocated to the 
catcher vessel sector.
    (3) Use of rockfish halibut PSC by an eligible rockfish harvester. 
Once the maximum amount of rockfish halibut PSC that may be assigned to 
a sector has

[[Page 770]]

been determined, the use of that specific amount that is assigned to 
that sector is governed by the specific Rockfish Program fishery in 
which eligible rockfish harvesters are participating.
    (i) Rockfish halibut PSC is assigned only to a rockfish cooperative. 
Once rockfish halibut PSC is assigned to a rockfish cooperative, it is 
issued as CQ, which may only be used by the members of the rockfish 
cooperative to which it is assigned.
    (ii) Rockfish halibut PSC is not assigned to a rockfish limited 
access fishery or the opt-out fishery and there is not a dedicated 
allocation for any specific participant in these rockfish fisheries.
    (4) Determining the amount of rockfish halibut PSC CQ assigned to a 
rockfish cooperative. The amount of CQ of rockfish halibut PSC that is 
assigned to each rockfish cooperative is determined according to the 
following procedures:
    (i) CQ assigned to rockfish cooperatives in the catcher/processor 
sector. The CQ for rockfish halibut PSC that is assigned to a specific 
rockfish cooperative is equal to the maximum amount of rockfish halibut 
PSC that may be allocated to the catcher/processor sector multiplied by 
the sum of the rockfish QS units for all primary rockfish species 
assigned to that rockfish cooperative divided by the sum of the rockfish 
QS units assigned to rockfish cooperatives and the limited access 
fishery for all primary rockfish species in the catcher/processor 
sector. This is expressed algebraically in the following equation:

CQ for Rockfish Halibut PSC to a specific rockfish cooperative = maximum 
    amount of Rockfish Halibut PSC that may be allocated to the Catcher/
    Processor Sector x ([sum] Rockfish QS Units assigned to that 
    Rockfish Cooperative / [sum] Rockfish QS Units assigned to all 
    rockfish cooperatives and the Limited Access Fishery in the Catcher/
    Processor Sector).

    (ii) CQ assigned to rockfish cooperatives in the catcher vessel 
sector. The CQ for rockfish halibut PSC that is assigned to a specific 
rockfish cooperative is equal to the maximum amount of rockfish halibut 
PSC that may be allocated to the catcher vessel sector multiplied by the 
sum of the rockfish QS units for all primary rockfish species assigned 
to that rockfish cooperative divided by the rockfish QS pool for all 
primary rockfish species in the catcher vessel sector. This is expressed 
algebraically in the following equation:

CQ for Rockfish Halibut PSC to a specific rockfish cooperative = maximum 
    amount of Rockfish Halibut PSC that may be allocated to the Catcher 
    Vessel Sector x ([sum] Rockfish QS Units assigned to that Rockfish 
    Cooperative/Rockfish QS Pool in the Catcher Vessel Sector).

    (d) Assigning rockfish QS to a Rockfish Program fishery--(1) 
General. Each calendar year, a person that is participating in the 
Rockfish Program must assign any LLP license and any rockfish QS 
assigned to that LLP license to a Rockfish Program fishery by the 
process specified in paragraph (e) of this section. A person may assign 
an LLP license and any rockfish QS assigned to that LLP license to only 
one Rockfish Program fishery in a fishing year. Any rockfish QS assigned 
to a person's LLP license after NMFS has issued CQ or the TAC for that 
calendar year will not result in any additional CQ or TAC being issued 
for that rockfish QS for that calendar year.
    (2) Rockfish cooperatives in the catcher vessel sector. An eligible 
rockfish harvester may assign rockfish QS to a rockfish cooperative in 
the catcher vessel sector if:
    (i) That eligible rockfish harvester assigns the rockfish QS 
associated with that LLP license to a rockfish cooperative on a complete 
application for CQ that is approved by the Regional Administrator and 
that meets the requirements of paragraph (i) of this section; and
    (ii) That rockfish QS is derived from legal rockfish landings 
assigned to the catcher vessel sector.
    (3) Rockfish cooperative in the catcher/processor sector. An 
eligible rockfish harvester may assign rockfish QS to a rockfish 
cooperative in the catcher/processor sector if:
    (i) That eligible rockfish harvester assigns the rockfish QS 
associated with

[[Page 771]]

that LLP license to a rockfish cooperative on a complete application for 
CQ that is approved by the Regional Administrator and that meets the 
requirements of paragraph (i) of this section; and
    (ii) That rockfish QS is derived from legal rockfish landings 
assigned to the catcher/processor sector.
    (4) Rockfish limited access fishery. (i) An eligible rockfish 
harvester may assign rockfish QS to a rockfish limited access fishery if 
that eligible rockfish harvester:
    (A) Assigns the rockfish QS associated with that LLP license to a 
limited access fishery on a complete application for the rockfish 
limited access fishery that is approved by the Regional Administrator; 
or
    (B) Does not submit a complete application for CQ, or an application 
for the opt-out fishery that is approved.
    (ii) The rockfish QS is assigned to the rockfish limited access 
fishery in the catcher vessel sector if that rockfish QS is assigned to 
the catcher vessel sector.
    (iii) The rockfish QS is assigned to the rockfish limited access 
fishery in the catcher/processor sector if that rockfish QS is assigned 
to the catcher/processor sector.
    (5) Opt-out fishery. An eligible rockfish harvester may assign 
rockfish QS assigned to the catcher/processor sector to the opt-out 
fishery if that eligible rockfish harvester assigns the rockfish QS 
associated with that LLP license to the opt-out fishery on a complete 
application for the opt-out fishery that is approved by the Regional 
Administrator.
    (6) Rockfish entry level fishery. (i) A rockfish entry level 
harvester may assign an LLP license to the rockfish entry level fishery 
if that rockfish entry level harvester assigns that LLP license to the 
rockfish entry level fishery on a complete application for the entry 
level fishery that is approved by the Regional Administrator.
    (ii) A rockfish entry level processor may participate in the 
rockfish entry level fishery if that rockfish entry level processor 
submits a complete application for the entry level fishery that is 
approved by the Regional Administrator.
    (e) Applications for a Rockfish Program fishery--(1) General. 
Applications to participate in a Rockfish Program fishery are required 
to be submitted each year. A person who wishes to participate in a 
particular Rockfish Program fishery must submit a timely and complete 
application that is appropriate to that Rockfish Program fishery. These 
applications may only be submitted to NMFS using the following methods:
    (i) Mail: Regional Administrator, c/o Restricted Access Management 
Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
    (ii) Fax: 907-586-7354; or
    (iii) Hand Delivery or Carrier: NMFS, Room 713, 709 West 9th Street, 
Juneau, AK 99801.
    (iv) Electronic: http://alaskafisheries.noaa.gov.
    (2) Application forms. Application forms are available on the NMFS 
Alaska Region website at http://alaskafisheries.noaa.gov, or by 
contacting NMFS at 800-304-4846, Option 2.
    (3) Deadline. A completed application must be received by NMFS no 
later than 1700 hours A.l.t. on March1 of the year for which the 
applicant wishes to participate in a Rockfish Program fishery, or if 
sent by U.S. mail, the application must be postmarked by that time.
    (4) Application for CQ. A rockfish cooperative that submits a 
complete application that is approved by NMFS will receive a CQ permit 
that establishes an annual amount of primary rockfish species, secondary 
species, and rockfish halibut PSC that is based on the collective 
rockfish QS of the LLP licenses assigned to the rockfish cooperative by 
its members. A CQ permit will list the amount of CQ, by fishery, held by 
the rockfish cooperative, the members of the rockfish cooperative and 
LLP licenses assigned to that rockfish cooperative, and the vessels 
which are authorized to harvest fish under that CQ permit.
    (i) Contents of an application for CQ. A completed application must 
contain the following information:
    (A) Rockfish cooperative identification. The rockfish cooperative's 
legal name; the type of business entity under which the rockfish 
cooperative is organized;

[[Page 772]]

the state in which the rockfish cooperative is legally registered as a 
business entity; Tax ID number, date of incorporation, the printed name 
of the rockfish cooperative's designated representative; the permanent 
business address, telephone number, fax number, and e-mail address (if 
available) of the rockfish cooperative or its designated representative; 
and the signature of the rockfish cooperative's designated 
representative and date signed.
    (B) Members of the rockfish cooperative--(1) Harvester 
identification. Full name, NMFS Person ID, LLP license number(s), Tax ID 
or SSN, name of the vessel(s), ADF&G vessel registration number, and 
USCG documentation number of vessel(s) on which the CQ issued to the 
rockfish cooperative will be used.
    (2) LLP holdership documentation. Provide the names of all persons, 
to the individual level, holding an ownership interest in the LLP 
license(s) assigned to the rockfish cooperative and the percentage 
ownership each person and individual holds in the LLP license(s).
    (C) Processor associates of the rockfish cooperative--(1) 
Identification. Full name, NMFS Person ID, Tax ID, facility name, ADF&G 
processor code, SFP vessel name, ADF&G vessel registration number, and 
USCG documentation number of vessel (if a vessel), and Federal Processor 
Permit for each processing facility or vessel.
    (2) Processor ownership documentation. Provide the names of all 
persons, to the individual person level, holding an ownership interest 
in the processor and the percentage ownership each person and individual 
holds in the processor.
    (D) Additional documentation. For the cooperative application to be 
considered complete, the following documents must be attached to the 
application:
    (1) A copy of the business license issued by the state in which the 
rockfish cooperative is registered as a business entity;
    (2) A copy of the articles of incorporation or partnership agreement 
of the rockfish cooperative;
    (3) A copy of the rockfish cooperative agreement signed by the 
members of the rockfish cooperative (if different from the articles of 
incorporation or partnership agreement of the rockfish cooperative) that 
includes terms that specify that:
    (i) Eligible rockfish processor affiliated harvesters cannot 
participate in price setting negotiations except as permitted by general 
antitrust law; and
    (ii) The rockfish cooperative must establish a monitoring program 
sufficient to ensure compliance with the Rockfish Program; and
    (E) Applicant signature and certification. The applicant must sign 
and date the application certifying that all information is true, 
correct, and complete to the best of his/her knowledge and belief. If 
the application is completed by an designated representative, then 
explicit authorization signed by the applicant must accompany the 
application.
    (ii) Issuance of CQ. Issuance by NMFS of a CQ permit is not a 
determination that the rockfish cooperative is formed or is operating in 
compliance with antitrust law.
    (5) Application for the rockfish limited access fishery. An eligible 
rockfish harvester who wishes to participate in the rockfish limited 
access fishery for a calendar year must submit an application for the 
rockfish limited access fishery.
    (i) Contents of application for the rockfish limited access fishery. 
A completed application must contain the following information:
    (A) Applicant identification. The applicant's name, NMFS person ID 
(if applicable), tax ID or social security number, date of birth or date 
of incorporation, permanent business mailing address, business telephone 
number, fax number, and e-mail (if available);
    (B) Indicate (YES or NO) whether the applicant is an eligible 
rockfish harvester;
    (C) Indicate (YES or NO) whether the applicant is participating in 
the rockfish limited access fishery;
    (D) Vessel identification. The name of the vessel, ADF&G vessel 
registration number, USCG documentation number, and LLP license 
number(s) held by the applicant and used on that vessel in this rockfish 
limited access fishery;
    (E) LLP holdership documentation. Provide the names of all persons, 
to

[[Page 773]]

the individual person level, holding an ownership interest in the LLP 
license assigned to the rockfish limited access fishery and the 
percentage ownership each person and individual holds in the LLP 
license; and
    (F) Signature and certification. The applicant must sign and date 
the application certifying that all information is true, correct, and 
complete to the best of his/her knowledge and belief. If the application 
is completed by an designated representative, then explicit 
authorization signed by the applicant must accompany the application.
    (ii) [Reserved]
    (6) Application to opt-out. An eligible rockfish harvester who 
wishes to opt-out of the Rockfish Program for a calendar year with an 
LLP license assigned rockfish QS in the catcher/processor sector must 
submit an application to opt-out.
    (i) Contents of application to opt-out. A completed application must 
contain the following information:
    (A) Applicant identification. The applicant's name, NMFS person ID 
(if applicable), tax ID or social security number, date of birth or date 
of incorporation, permanent business mailing address, business telephone 
number, fax number, and e-mail (if available);
    (B) Indicate (YES or NO) whether the applicant is an eligible 
rockfish harvester;
    (C) Indicate (YES or NO) whether the applicant is opting-out of the 
Rockfish Program;
    (D) Indicate (YES or NO) whether the applicant holds an LLP license 
with rockfish QS assigned to the catcher/processor sector;
    (E) Vessel identification. The name of the vessel, ADF&G vessel 
registration number, USCG documentation number, and LLP license 
number(s) held by the applicant and used on that vessel;
    (F) LLP holdership documentation. Provide the names of all persons, 
to the individual level, holding an ownership interest in the LLP 
license and the percentage ownership each person and individual holds in 
the LLP license; and
    (G) Signature and certification. The applicant must sign and date 
the application certifying that all information is true, correct, and 
complete to the best of his/her knowledge and belief. If the application 
is completed by an designated representative, then explicit 
authorization signed by the applicant must accompany the application.
    (ii) [Reserved]
    (7) Application for the rockifsh entry level fishery. A rockfish 
entry level harvester who wishes to participate in the rockfish entry 
level fishery must submit an application for the rockifsh entry level 
fishery.
    (i) Contents of application for the entry level fishery. A completed 
application must contain the following information:
    (A) The applicant's name, NMFS person ID (if applicable), tax ID or 
social security number (required), permanent business mailing address, 
and business telephone number, fax number, and e-mail address (if 
available);
    (B) Indicate (YES or NO) whether applicant is a U.S. citizen, U.S. 
corporation, partnership; association, or other business entity; if YES, 
enter the date of birth or date of incorporation;
    (C) For harvesters who are applying to participate in the entry 
level fishery, enter the name, ADF&G vessel registration number, and 
USCG documentation number of the vessel to be used in the entry level 
fishery, and LLP license number(s) held by the applicant and used on 
that vessel in the rockfish entry level fishery;
    (D) Harvesters who are applying to participate in the entry level 
fishery must attach a statement from an eligible entry level processor 
that affirms that the harvester has a market for any rockfish delivered 
by that harvester in the entry level fishery; and
    (E) The applicant must sign and date the application certifying that 
all information is true, correct, and complete to the best of his/her 
knowledge and belief. If the application is completed by an designated 
representative, then explicit authorization signed by the applicant must 
accompany the application.
    (ii) [Reserved]
    (f) Application for inter-cooperative transfer of cooperative quota 
(CQ)--(1) Completed application. NMFS will process an application for 
inter-cooperative transfer of cooperative quota (CQ) provided that a 
paper or electronic online

[[Page 774]]

transfer application is completed by the transferor and transferee, with 
all applicable fields accurately filled-in, and all required additional 
documentation is attached.
    (2) Certification of transferor--(i) Non-electronic submittal. The 
transferor's designated representative and the eligible rockfish 
processor with whom that rockfish cooperative in the catcher vessel 
sector is associated must sign and date the application certifying that 
all information is true, correct, and complete. The transferor's 
designated representative must submit the paper application as indicated 
on the application.
    (ii) Electronic submittal. (A) The transferor's designated 
representative must log into the system and create a transfer request as 
indicated on the computer screen. By using the transferor's NMFS ID, 
password, and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
    (B) (Catcher vessel transfer to catcher vessel only) The 
transferor's eligible rockfish processor must log into the system and 
accept the transfer request. By using the processor's NMFS ID, password, 
and Transfer Key, the designated representative certifies that all 
information is true, correct, and complete.
    (3) Certification of transferee--(i) Non-electronic submittal. The 
transferee's designated representative and the eligible rockfish 
processor with whom that rockfish cooperative in the catcher vessel 
sector is associated must sign and date the application certifying that 
all information is true, correct, and complete.
    (ii) Electronic submittal
    (A) (Catcher vessel transfer to catcher vessel or catcher/processor 
transfer to catcher vessel only) The transferee's eligible rockfish 
processor must log into the system and accept the transfer request. By 
using the processor's NMFS ID, password, and Transfer Key, the 
designated representative certifies that all information is true, 
correct, and complete.
    (B) The transferee must log into the system and accept the transfer 
request. By using the transferee's NMFS ID, password, and Transfer Key, 
the designated representative certifies that all information is true, 
correct, and complete.
    (g) Transfer of processor eligibility. A person may not transfer 
eligibility to receive and process under the Rockfish Program to another 
person except:
    (1) As provided for under Sec. 679.80(c)(2)(ii); or
    (2) If an eligible rockfish processor transfers complete ownership 
of a stationary floating processor or shoreside processing facility and 
all processing history associated with that stationary floating 
processor or shoreside processing facility to another person.
    (3) Limitation on use of processor eligibility. Any person becoming 
an eligible rockfish processor by transfer may not receive fish 
harvested under the Rockfish Program outside of the community listed by 
the original recipient of the processor eligibility in the application 
to participate in the Rockfish Program under Sec. 679.80(e)(4)(ii)(C).
    (4) Non-severability of processor eligibility. An eligible rockfish 
processor permit may not be divided or suballocated.
    (h) Maximum retainable amount (MRA) limits--(1) Rockfish 
cooperative. A vessel assigned to a rockfish cooperative and fishing 
under a CQ permit may harvest groundfish species not allocated as CQ up 
to the amounts of the MRAs for those species as established in Table 30 
to this part.
    (2) Catcher/processor sector rockfish limited access fishery. An 
eligible rockfish harvester in the catcher/processor rockfish limited 
access fishery may harvest groundfish species other than primary 
rockfish species up to the amounts of the MRAs for those species as 
established in Table 30 to this part.
    (3) Catcher vessel sector rockfish limited access fishery. An 
eligible rockfish harvester in the catcher vessel rockfish limited 
access fishery may harvest groundfish species other than primary 
rockfish species up to the amounts of the MRAs for those species as 
established in Table 30 to this part.
    (4) Opt-out fishery. An eligible rockfish harvester in the opt-out 
fishery may harvest groundfish species other than primary rockfish 
species up to the

[[Page 775]]

amounts of the MRAs for those species as established in Table 10 to this 
part.
    (5) Rockfish entry level fishery. An rockfish entry level harvester 
in the rockfish entry level fishery may harvest groundfish species other 
than primary rockfish species up to amounts of the MRAs for those 
species as established in Table 10 to this part.
    (6) Maximum retainable amounts (MRA). (i) The MRA for an incidental 
catch species for vessels participating in a rockfish cooperative, or a 
rockfish limited access fishery, is calculated as a proportion of the 
total allocated primary rockfish species on board the vessel in round 
weight equivalents using the retainable percentage in Table 30 to this 
part; except that:
    (ii) In the catcher vessel sector, shortraker and rougheye rockfish 
are incidental catch species and are limited to an aggregate MRA of 2.0 
percent of the retained weight of all primary rockfish species during 
that fishing trip.
    (iii) Once the amount of shortraker rockfish harvested in the 
catcher vessel sector is equal to 9.72 percent of the shortraker 
rockfish TAC in the Central GOA regulatory area, then shortraker 
rockfish may not be retained by any participant in the catcher vessel 
sector.
    (iv) In the rockfish limited access fishery for the catcher/
processor sector, shortraker and rougheye rockfish are incidental catch 
species and are limited to an aggregate MRA of 2.0 percent of the 
retained weight of all primary rockfish species during that fishing 
trip.
    (v) Once the amount of shortraker rockfish harvested in the catcher/
processor sector is equal to 30.03 percent of the shortraker rockfish 
TAC in the Central GOA regulatory area, then shortraker rockfish may not 
be retained in the rockfish limited access fishery in the catcher/
processor sector.
    (vi) Once the amount of rougheye rockfish harvested in the catcher/
processor sector is equal to 58.87 percent of the rougheye rockfish TAC 
in the Central GOA regulatory area, then rougheye rockfish may not be 
retained in the rockfish limited access fishery in the catcher/processor 
sector.
    (i) Rockfish cooperative--(1) General. This section governs the 
formation and operation of rockfish cooperatives. The regulations in 
this section apply only to rockfish cooperatives that have formed for 
the purpose of applying for and fishing with CQ issued annually by NMFS. 
Members of rockfish cooperatives should consult legal counsel before 
commencing any activity if the members are uncertain about the legality 
under the antitrust laws of the rockfish cooperative's proposed conduct. 
Membership in a rockfish cooperative is voluntary. No person may be 
required to join a rockfish cooperative. Upon receipt of written 
notification that a person is eligible and wants to join a rockfish 
cooperative, that rockfish cooperative must allow that person to join 
subject to the terms and agreements that apply to the members of the 
cooperative as established in the contract governing the conduct of the 
rockfish cooperative. Members may leave a rockfish cooperative, but any 
CQ contributed by the rockfish QS held by that member remains assigned 
to that rockfish cooperative for the remainder of the calendar year. An 
LLP license or vessel that has been assigned to a rockfish cooperative 
in the catcher/processor sector that leaves a rockfish cooperative 
continues to be subject to the sideboard limits established for that 
rockfish cooperative under Sec. 679.82(d) and (f), for that calendar 
year. If a person becomes the holder of an LLP license that has been 
assigned to a rockfish cooperative, then that person may join that 
rockfish cooperative upon receipt of that LLP license.
    (2) Legal and organizational requirements. A rockfish cooperative 
must meet the following legal and organizational requirements before it 
is eligible to receive CQ:
    (i) Each rockfish cooperative must be formed as a partnership, 
corporation, or other legal business entity that is registered under the 
laws of one of the 50 states or the District of Columbia;
    (ii) Each rockfish cooperative must appoint an individual as 
designated representative to act on the rockfish cooperative's behalf 
and serve as contact point for NMFS for questions regarding the 
operation of the rockfish

[[Page 776]]

cooperative. The designated representative must be an individual, and 
may be a member of the rockfish cooperative, or some other individual 
designated by the rockfish cooperative;
    (iii) Each rockfish cooperative must submit a complete and timely 
application for CQ;
    (iv) Each rockfish cooperative must meet the mandatory requirements 
established in paragraphs (i)(3) and (4) of this section applicable to 
that rockfish cooperative.
    (3) Mandatory requirements. The following table describes the 
requirements to form a rockfish cooperative in the catcher vessel or 
catcher/processor sector.

----------------------------------------------------------------------------------------------------------------
           Requirement                       Catcher Vessel Sector              Catcher/Processor Vessel Sector
----------------------------------------------------------------------------------------------------------------
(i) Who may join a rockfish            Only persons who are eligible rockfish harvesters may join a rockfish
 cooperative?                           cooperative. Persons who are not eligible rockfish harvesters may be
                                        employed by, or serve as the designated representative of a rockfish
                                            cooperative, but are not members of the rockfish cooperative.
----------------------------------------------------------------------------------------------------------------
(ii) What is the minimum number    No minimum requirement.                    2 LLP licenses assigned rockfish
 of LLP licenses that must be                                                  QS in the catcher/processor
 assigned to form a rockfish                                                   sector. These licenses can be
 cooperative?                                                                  held by one or more persons.
----------------------------------------------------------------------------------------------------------------
(iii) Is an association with an    Yes. An eligible rockfish harvester may    No
 eligible rockfish processor        only be a member of a rockfish
 required?                          cooperative formed in association with
                                    an eligible rockfish processor to which
                                    the harvester made the plurality of
                                    legal rockfish landings assigned to the
                                    LLP license(s) during the applicable
                                    processor qualifying period chosen by an
                                    eligible rockfish processor in the
                                    application to participate in the
                                    Rockfish Program.
----------------------------------------------------------------------------------------------------------------
(iv) What if an eligible rockfish  That eligible rockfish harvester can       N/A
 harvester did not deliver any      assign that LLP license to any rockfish
 legal rockfish landings assigned   cooperative.
 to an LLP license to an eligible
 rockfish processor during a
 processor qualifying period?
----------------------------------------------------------------------------------------------------------------
(v) What is the processor          The processor qualifying period is the     N/A
 qualifying period?                 four of five years from 1996 through
                                    2000 that are used to establish the
                                    legal rockfish landings that are
                                    considered for purposes of establishing
                                    an association with an eligible rockfish
                                    processor. Each eligible rockfish
                                    processor will select a processor
                                    qualifying period in the application to
                                    participate in the Rockfish Program. An
                                    eligible rockfish harvester that has
                                    acquired the processing history of a
                                    shoreside processor or stationary
                                    floating processor under the provisions
                                    of Sec. 679.80(c)(2)(ii) must select
                                    only one processor qualifying period
                                    that is applicable to the aggregated
                                    processing history held by that eligible
                                    rockfish processor. The processor
                                    qualifying period may not be changed
                                    once selected for that eligible rockfish
                                    processor, including upon transfer of
                                    processor eligibility. The same
                                    processor qualifying period will be used
                                    for all LLP licenses to determine the
                                    legal rockfish landings that are
                                    considered for purposes of eligible
                                    rockfish harvesters establishing an
                                    association with an eligible rockfish
                                    processor.
----------------------------------------------------------------------------------------------------------------
(vi) Is there a minimum amount of  Yes. A rockfish cooperative must be        No
 rockfish QS that must be           assigned rockfish QS that represents at
 assigned to a rockfish             least 75 percent of all the legal
 cooperative for it to be allowed   rockfish landings that yields Rockfish
 to form?                           QS of primary rockfish species delivered
                                    to that eligible rockfish processor
                                    during the four years selected by that
                                    processor.
----------------------------------------------------------------------------------------------------------------
(vii) What is allocated to the     CQ for primary rockfish species, secondary species, and rockfish halibut PSC,
 rockfish cooperative?                  based on the rockfish QS assigned to all of the LLP licenses that are
                                                            assigned to the cooperative.
----------------------------------------------------------------------------------------------------------------

[[Page 777]]

 
(viii) Is this CQ an exclusive         Yes, the members of the rockfish cooperative have an exclusive harvest
 harvest privilege?                  privilege to collectively catch this CQ, or a cooperative can transfer all
                                              or a portion of this CQ to another rockfish cooperative.
----------------------------------------------------------------------------------------------------------------
(ix) Is there a season during       Yes, any vessel designated to catch CQ for a rockfish cooperative is limited
 which designated vessels must        to catching CQ during the season beginning on 1200 hours, A.l.t. on May 1
 catch CQ?                                            through 1200 hours A.l.t. on November 15.
----------------------------------------------------------------------------------------------------------------
(x) Can any vessel catch a          No, only vessels that are named on the application for CQ for that rockfish
 rockfish cooperative's CQ?         cooperative can catch the CQ assigned to that rockfish cooperative. A vessel
                                        may be assigned to only one rockfish cooperative in a calendar year.
----------------------------------------------------------------------------------------------------------------
(xi) Can the member of a rockfish      No, only the rockfish cooperative's designated representative, and not
 cooperative transfer CQ            individual members, may transfer its CQ to another rockfish cooperative, but
 individually without the           only if that transfer is approved by NMFS as established under paragraph (i)
 approval of the other members of                                 of this section.
 the rockfish cooperative?
----------------------------------------------------------------------------------------------------------------
(xii) Can a rockfish cooperative   N/A                                        No, sideboard limits assigned to a
 in the catcher/processor sector                                               rockfish cooperative in the
 transfer its sideboard limit?                                                 catcher/processor sector is a
                                                                               limit applicable to a specific
                                                                               rockfish cooperative, and may not
                                                                               be transferred between rockfish
                                                                               cooperatives.
----------------------------------------------------------------------------------------------------------------
(xiii) Is there a hired master     No, there is no hired master requirement.  N/A
 requirement?
----------------------------------------------------------------------------------------------------------------
(xiv) Can an LLP license be           No. An LLP license can only be assigned to one rockfish cooperative in a
 assigned to more than one           calendar year. An eligible rockfish harvester holding multiple LLP licenses
 rockfish cooperative in a          may assign different LLP licenses to different rockfish cooperatives subject
 calendar year?                                       to any other restrictions that may apply.
----------------------------------------------------------------------------------------------------------------
(xv) Can an eligible rockfish      An eligible rockfish processor can only    N/A
 processor be associated with       associate with one rockfish cooperative
 more than one rockfish             per year at each shoreside processor or
 cooperative?                       stationary floating processor owned by
                                    that eligible rockfish processor. An
                                    eligible rockfish processor who holds
                                    more than one processing history based
                                    on a transfer of processing history
                                    under the provisions of Sec.
                                    679.80(c)(2)(ii) would be issued a
                                    single eligible rockfish processor
                                    permit that aggregates the processing
                                    history held by that eligible rockfish
                                    processor. That eligible rockfish
                                    processor may form an association with a
                                    rockfish cooperative with the eligible
                                    rockfish harvesters eligible to form a
                                    rockfish cooperative based on the
                                    aggregated processing history of that
                                    eligible rockfish processor and may
                                    receive rockfish delivered by that
                                    rockfish cooperative at a shoreside
                                    processor or stationary floating
                                    processor owned by that eligible
                                    rockfish processor subject to any other
                                    restrictions that may apply.
----------------------------------------------------------------------------------------------------------------
(xvi) Can an LLP license be         No. Once an LLP license is assigned to a rockfish cooperative, any rockfish
 assigned to a rockfish              QS assigned to that LLP license yields CQ for that rockfish cooperative for
 cooperative and the rockfish          the calendar year. An LLP license may only be assigned to one Rockfish
 limited access fishery or opt-                          Program fishery in a calendar year.
 out fishery?
----------------------------------------------------------------------------------------------------------------
(xvii) Which members may harvest       That is determined by the rockfish cooperative contract signed by its
 the rockfish cooperative's CQ?       members. Any violations of this contract by one cooperative member may be
                                        subject to civil claims by other members of the rockfish cooperative.
----------------------------------------------------------------------------------------------------------------
(xviii) Does a rockfish            Yes, a rockfish cooperative must have a membership agreement or contract that
 cooperative need a contract?        specifies how the rockfish cooperative intends to harvest its CQ. A copy of
                                      this agreement or contract must be submitted with the application for CQ.
----------------------------------------------------------------------------------------------------------------

[[Page 778]]

 
(xix) What happens if the           A rockfish cooperative is not authorized to catch fish in excess of its CQ.
 rockfish cooperative exceeds its       Exceeding a CQ is a violation of the regulations. Each member of the
 CQ amount?                          rockfish cooperative is jointly and severally liable for any violations of
                                       the Rockfish Program regulations while fishing under authority of a CQ
                                       permit. This liability extends to any persons who are hired to catch or
                                      receive CQ assigned to a rockfish cooperative. Each member of a rockfish
                                      cooperative is responsible for ensuring that all members of the rockfish
                                       cooperative comply with all regulations applicable to fishing under the
                                                                  Rockfish Program.
----------------------------------------------------------------------------------------------------------------
(xx) Is there a limit on how much  Yes, generally, a rockfish cooperative     No, but a catcher/processor vessel
 CQ a rockfish cooperative may      may not hold or use more than 30 percent   is still subject to any vessel
 hold or use?                       of the aggregate primary rockfish          use caps that may apply. See Sec.
                                    species CQ assigned to the catcher           679.82(a) for the use cap
                                    vessel sector for that calendar year.      provisions that apply.
                                    See Sec. 679.82(a) for the provisions
                                    that apply.
----------------------------------------------------------------------------------------------------------------
(xxi) Is there a limit on how      No. However, a vessel may not catch more   Yes, generally, no vessel may
 much CQ a vessel may harvest?      CQ than the CQ assigned to that rockfish   harvest more than 60 percent of
                                    cooperative for which it is authorized     the aggregate primary rockfish
                                    to fish.                                   species TAC assigned to the
                                                                               catcher/processor sector for that
                                                                               calendar year, unless exempt from
                                                                               this restriction. See Sec.
                                                                               679.82(a) for the provisions that
                                                                               apply.
----------------------------------------------------------------------------------------------------------------
(xxii) If my vessel is fishing in        (A) Any vessel authorized to harvest the CQ assigned to a rockfish
 a directed flatfish fishery in        cooperative must count any catch of primary rockfish species, secondary
 the Central GOA and I catch        species, or rockfish halibut PSC against that rockfish cooperative's CQ from
 groundfish and halibut PSC, does        May 1 until November 15, or until the effective date of a rockfish
 that count against the rockfish      cooperative termination of fishing declaration that has been approved by
 cooperative's CQ?                                                      NMFS.
                                         (B) Groundfish harvests would not be debited against the rockfish
                                       cooperative's CQ if the vessel is not authorized to harvest CQ. In this
                                     case, any catch of halibut would be attributed to the halibut PSC limit for
                                                     that directed target fishery and gear type.
----------------------------------------------------------------------------------------------------------------
(xxiii) Can my rockfish             The rockfish cooperatives formed under the Rockfish Program are intended to
 cooperative negotiate prices for       conduct and coordinate harvest activities for their members. Rockfish
 me?                                   cooperatives formed under the Rockfish Program are subject to existing
                                     antitrust laws. Collective price negotiation by a rockfish cooperative must
                                              be conducted in accordance with existing antitrust laws.
----------------------------------------------------------------------------------------------------------------
(xxiv) Are there any special            Yes, each year a rockfish cooperative must submit an annual rockfish
 reporting requirements?             cooperative report to NMFS by December 15 of each year. The annual rockfish
                                     cooperative report may be made available to NMFS by mailing a copy to NMFS:
                                             Regional Administrator, P.O. Box 21668, Juneau, AK, 99802.
----------------------------------------------------------------------------------------------------------------
(xxv) What is required in the            The annual rockfish cooperative report must include at a minimum:
 annual rockfish cooperative
 report?
                                    (A) The rockfish cooperative's CQ, sideboard limit (if applicable), and any
                                       rockfish sideboard fishery harvests made by the vessels in the rockfish
                                                      cooperative on a vessel-by-vessel basis;
                                   (B) The rockfish cooperative's actual retained and discarded catch of CQ, and
                                           sideboard limit on an area-by-area and vessel-by-vessel basis;
                                    (C) A description of the method used by the rockfish cooperative to monitor
                                            fisheries in which rockfish cooperative vessels participated;
                                    (D) A description of any civil actions taken by the rockfish cooperative in
                                             response to any members that exceeded their allowed catch.
----------------------------------------------------------------------------------------------------------------

    (4) Additional mandatory requirements--(i) Calculation of minimum 
legal rockfish landings for forming a rockfish cooperative. If an 
eligible rockfish harvester holds an LLP license with rockfish QS for 
the catcher vessel sector that does not have any legal rockfish landings 
associated with an eligible rockfish processor from January 1, 1996, 
through December 31, 2000, during the fishery seasons established in 
Table 28 to this part, that eligible rockfish harvester may join any 
rockfish cooperative with that LLP license. Any such eligible rockfish 
harvester that joins a rockfish cooperative may not be considered as 
contributing an amount of Rockfish QS necessary to meet a minimum of 75 
percent of the legal rockfish landings that yielded Rockfish QS 
delivered to that eligible rockfish processor during the four calendar 
years selected by that eligible rockfish processor for the purposes of 
establishing the rockfish cooperative.

[[Page 779]]

    (ii) Restrictions on fishing CQ assigned to a rockfish cooperative. 
A person fishing CQ assigned to a rockfish cooperative must maintain a 
copy of the CQ permit onboard any vessel that is being used to harvest 
any primary rockfish species, or secondary species, or that uses any 
rockfish halibut PSC.
    (iii) Transfer of CQ between rockfish cooperatives. Rockfish 
cooperatives may transfer CQ during a calendar year with the following 
restrictions:
    (A) A rockfish cooperative may only transfer CQ to another rockfish 
cooperative;
    (B) A rockfish cooperative may only receive CQ from another rockfish 
cooperative;
    (C) A rockfish cooperative in the catcher vessel sector may not 
transfer any CQ to a rockfish cooperative in the catcher/processor 
sector;
    (D) A rockfish cooperative receiving primary rockfish species CQ by 
transfer must assign that primary rockfish species CQ to a member(s) of 
the rockfish cooperative for the purposes of applying the use caps 
established under Sec. 679.82(a). Secondary species or halibut PSC CQ 
is not assigned to a specific member of a rockfish cooperative;
    (E) A rockfish cooperative may not transfer any sideboard limit 
assigned to it; and
    (F) A rockfish cooperative may not receive any CQ by transfer after 
NMFS has approved a rockfish cooperative termination of fishing 
declaration that was submitted by that rockfish cooperative.
    (5) Use of CQ. (i) A rockfish cooperative in the catcher vessel 
sector may not use a primary rockfish species CQ in excess of the 
amounts specified in Sec. 679.82(a).
    (ii) Rockfish cooperative primary rockfish species CQ transferred to 
another rockfish cooperative will apply to the use caps of a named 
member(s) of the rockfish cooperative receiving the CQ, as specified in 
the transfer application.
    (A) Each pound of CQ must be assigned to a member of the rockfish 
cooperative receiving the CQ for purposes of use cap calculations. No 
member of a rockfish cooperative may exceed the CQ use cap applicable to 
that member.
    (B) For purposes of CQ use cap calculation, the total amount of CQ 
held or used by a person is equal to all tons of CQ derived from the 
Rockfish QS held by that person and assigned to the rockfish cooperative 
and all tons of CQ assigned to that person by the rockfish cooperative 
from approved transfers.
    (C) The amount of rockfish QS held by a person, and CQ derived from 
that rockfish QS is calculated using the individual and collective use 
cap rule established in Sec. 679.82(a).
    (6) Successors-in-interest. If a member of a rockfish cooperative 
dies (in the case of an individual) or dissolves (in the case of a 
business entity), the LLP license(s) and associated rockfish QS held by 
that person will be transferred to the legal successor-in-interest under 
the procedures described at Sec. 679.4(k)(6)(iv)(A). However, the CQ 
derived from that rockfish QS and assigned to the rockfish cooperative 
for that year from that person remains under the control of the rockfish 
cooperative for the duration of that calendar year. Each rockfish 
cooperative is free to establish its own internal procedures for 
admitting a successor-in-interest during the fishing season to reflect 
the transfer of an LLP license and associated rockfish QS, or the 
transfer of the processor eligibility due to the death or dissolution of 
a rockfish cooperative member or associated eligible rockfish processor.

[71 FR 67252, Nov. 20, 2006, as amended at 75 FR 51518, Oct. 7, 2009]



Sec. 679.82  Rockfish Program use caps and sideboard limits.

    (a) Use caps--(1) General. Use caps limit the amount of rockfish QS 
and CQ of primary rockfish species that may be held or used by an 
eligible rockfish harvester, and the amount of primary rockfish species 
TAC that may be received, by an eligible rockfish processor. Use caps do 
not apply to secondary species or halibut PSC CQ. Use caps may not be 
exceeded unless the entity subject to the use cap is specifically 
allowed to exceed a cap according to the criteria established under this 
paragraph (a) or by an operation of law. There are three types of use 
caps: person use caps; vessel use caps; and processor use caps. Person 
use caps

[[Page 780]]

limit the maximum amount of aggregate rockfish QS a person may hold and 
the maximum amount of aggregate primary rockfish species CQ that a 
person may hold or use. Person use caps apply to eligible rockfish 
harvesters and rockfish cooperatives. Vessel use caps limit the maximum 
amount of aggregate primary rockfish species CQ that a vessel operating 
as a catcher/processor may harvest. Processor use caps limit the maximum 
amount of aggregate primary rockfish species that may be received or 
processed by an eligible rockfish processor. All rockfish QS use caps 
are based on the aggregate primary rockfish species initial rockfish QS 
pool established by NMFS.
    (2) Eligible rockfish harvester use cap. An eligible rockfish 
harvester may not individually or collectively hold or use more than:
    (i) Five (5.0) percent of the aggregate rockfish QS initially 
assigned to the catcher vessel sector and resulting CQ unless that 
eligible rockfish harvester qualifies for an exemption to this use cap 
under paragraph (a)(6) of this section;
    (ii) Twenty (20.0) percent of the aggregate rockfish QS initially 
assigned to the catcher/processor sector and resulting CQ unless that 
eligible rockfish harvester qualifies for an exemption to this use cap 
under paragraph (a)(6) of this section.
    (3) CQ use cap for rockfish cooperatives in the catcher vessel 
sector. A rockfish cooperative may not hold or use an amount of CQ that 
is greater than the amount derived from 30.0 percent of the aggregate 
rockfish QS initially assigned to the catcher vessel sector unless the 
sum of the aggregate rockfish QS held by the eligible members of that 
rockfish cooperative prior to June 6, 2005 exceeds this use cap.
    (4) CQ use cap for a vessel in the catcher/processor sector. (i) A 
vessel harvesting CQ in the catcher/processor sector may not harvest an 
amount of CQ that is greater than the amount derived from 60.0 percent 
of the aggregate rockfish QS initially assigned to the catcher/processor 
sector; unless:
    (ii) the CQ harvested by a vessel is not greater than the amount of 
CQ derived from the rockfish QS assigned to the LLP licence(s) that was 
used on that vessel prior to June 6, 2005; and
    (iii) This amount is greater than the CQ use cap for a vessel in the 
catcher/processor sector.
    (5) Primary rockfish species use cap for eligible rockfish 
processors. (i) An eligible rockfish processor may not receive or 
process in excess of 30.0 percent of the aggregate primary rockfish 
species TAC, including CQ, assigned to the catcher vessel sector unless 
that eligible rockfish processor is receiving or processing an amount of 
aggregate primary rockfish species TAC that is not greater than the sum 
of the aggregate rockfish CQ derived from the amount of Rockfish QS 
initially assigned to those eligible rockfish harvesters eligible to 
form a rockfish cooperative in association with that eligible rockfish 
processor.
    (ii) The amount of aggregate primary rockfish species TAC that is 
received by an eligible rockfish processor is calculated based on the 
sum of all aggregate primary rockfish species TAC, including CQ, 
received or processed by that eligible rockfish processor and the 
aggregate primary rockfish species TAC received or processed by any 
person in which that eligible rockfish processor has a ``Ten percent or 
greater direct or indirect ownership interest for purposes of the 
Rockfish Program'' as that term is defined in Sec. 679.2.
    (6) Use cap exemptions--(i) Rockfish QS. An eligible rockfish 
harvester may receive an initial allocation of aggregate rockfish QS in 
excess of the use cap in that sector only if that rockfish QS is 
assigned to LLP license(s) held by that eligible rockfish harvester 
prior to June 6, 2005, and at the time of application to participate in 
the Rockfish Program.
    (ii) Transfer limitations. (A) An eligible rockfish harvester that 
receives an initial allocation of aggregate rockfish QS that exceeds the 
use cap listed in paragraph (a)(2) of this section shall not receive any 
rockfish QS by transfer unless and until that person's holdings of 
aggregate rockfish QS in that sector are reduced to an amount below the 
use cap specified in paragraph (a)(2) of this section.

[[Page 781]]

    (B) If an eligible rockfish harvester receives an initial allocation 
of aggregate rockfish QS that exceeds the use cap listed in paragraph 
(a)(2) of this section, and that eligible rockfish harvester transfers 
rockfish QS to another person, and the amount of aggregate rockfish QS 
held by that eligible rockfish harvester after the transfer is greater 
than the use cap established in paragraph (a)(2) of this section, that 
eligible rockfish harvester may not hold more than the amount of 
aggregate rockfish QS remaining after the transfer.
    (C) An eligible rockfish harvester that receives an initial 
allocation of aggregate rockfish QS that exceeds the use cap listed in 
paragraph (a)(2) of this section may not receive any rockfish QS by 
transfer or have any CQ attributed to that eligible rockfish harvester 
by a rockfish cooperative unless and until that person's holdings of 
aggregate rockfish QS in that sector are reduced to an amount below the 
use cap specified in paragraph (a)(2) of this section.
    (iii) CQ. A rockfish cooperative may use CQ in excess of the use cap 
in that sector only if that CQ is derived from the rockfish QS assigned 
to an LLP license that was held by an eligible rockfish harvester prior 
to June 6, 2005 and that eligible rockfish harvester is eligible to join 
that cooperative.
    (b) Rockfish limited access fishery--(1) General. (i) An eligible 
rockfish harvester may use an LLP license and assigned rockfish QS in 
the appropriate rockfish limited access fishery only if:
    (A) That person submitted a complete and timely application for the 
rockfish limited access fishery that is approved by NMFS; or
    (B) That LLP is not assigned to a rockfish cooperative for that 
calendar year, and that person has not submitted a complete and timely 
application to opt-out of the Rockfish Program that is approved by NMFS.
    (ii) [Reserved]
    (2) Limited access fishery sectors. (i) If an LLP license with 
rockfish QS in the catcher vessel sector is assigned to a limited access 
fishery, it is assigned to the catcher vessel rockfish limited access 
fishery.
    (ii) If an LLP license with a rockfish QS in the catcher/processor 
sector is assigned a limited access fishery, it is assigned to the 
catcher/processor rockfish limited access fishery.
    (3) Primary rockfish species harvest limit. All vessels that are 
participating in a rockfish limited access fishery may harvest an amount 
of primary rockfish species not greater than the TAC assigned to that 
primary rockfish species for the rockfish limited access fishery in that 
sector.
    (4) Secondary species allocations. Secondary species shall be 
managed based on an MRA as established under Table 30 to this part.
    (5) Rockfish halibut PSC allocations. Halibut caught by vessels in 
the rockfish limited access fishery shall be accounted against the 
halibut PSC allocation to the deep water species fishery complex for 
trawl gear for that seasonal apportionment. If the halibut PSC limit in 
the deep water fishery complex has been reached or exceeded for that 
seasonal apportionment, the rockfish limited access fishery will be 
closed until deep water species fishery complex halibut PSC is available 
for that sector.
    (6) Opening of the rockfish limited access fishery. The Regional 
Administrator maintains the authority to not open a rockfish limited 
access fishery if he deems it appropriate for conservation or other 
management measures. Factors such as the total allocation, anticipated 
harvest rates, and number of participants will be considered in making 
any such decision.
    (c) Opt-out fishery. An eligible rockfish harvester who holds an LLP 
license and who submits an application to opt-out with that LLP licence 
that is subsequently approved by NMFS may not fish for that fishing year 
in any directed fishery for any primary rockfish species in the Central 
GOA and adjacent waters open by the State of Alaska for which it adopts 
the applicable Federal fishing season for that species with any vessel 
named on that LLP license.
    (d) Sideboard limitations--General. The regulations in this section 
restrict the holders of LLP licenses eligible to receive rockfish QS 
from using the increased flexibility provided by the

[[Page 782]]

Rockfish Program to expand their level of participation in other 
groundfish fisheries. These limitations are commonly known as 
``sideboards.''
    (1) Notification of affected vessel owners and LLP license holders. 
After NMFS determines which vessels and LLP licenses meet the criteria 
described in paragraphs (d) through (h) of this section, NMFS will 
inform each vessel owner and LLP license holder in writing of the type 
of sideboard limitation and issue a revised Federal Fisheries Permit 
and/or LLP license that displays the limitation on the face of the 
permit or LLP license.
    (2) Appeals. A vessel owner or LLP license holder who believes that 
NMFS has incorrectly identified his or her vessel or LLP license as 
meeting the criteria for a sideboard limitation may make a contrary 
claim and provide evidence to NMFS. All claims must be submitted in 
writing to the RAM Program, Alaska Region, NMFS, P.O. Box 21668, Juneau, 
AK 99802-1668, together with any documentation or evidence supporting 
the request within 30 days of being notified by NMFS of the sideboard 
limitation. If NMFS finds the claim is unsupported, the claim will be 
denied in an Initial Administrative Determination (IAD). The affected 
persons may appeal this IAD using the procedures described at Sec. 
679.43.
    (3) Classes of sideboard restrictions. There are several types of 
sideboard restrictions that apply under the Rockfish Program:
    (i) General sideboard restrictions as described under this paragraph 
(d);
    (ii) Catcher vessel sideboard restrictions as described under 
paragraph (e) of this section;
    (iii) Catcher/processor rockfish cooperative sideboard restrictions 
as described under paragraph (f) of this section;
    (iv) Catcher/processor limited access sideboard restrictions as 
described under paragraph (g) of this section; and
    (v) Catcher/processor opt-out sideboard restrictions as described 
under paragraph (h) of this section.
    (4) General sideboard restrictions. General sideboard restrictions 
apply to fishing activities during July 1 through July 31 of each year 
in each fishery as follows:
    (i) Directed fishing for Pacific ocean perch, pelagic shelf 
rockfish, and northern rockfish in the regulatory area of the Western 
GOA and adjacent waters open by the State of Alaska for which it adopts 
a Federal fishing season;
    (ii) Directed fishing for Pacific ocean perch, pelagic shelf 
rockfish, and northern rockfish in the Western Yakutat District and 
adjacent waters open by the State of Alaska for which it adopts a 
Federal fishing season;
    (iii) Directed fishing for the following species in the West Yakutat 
District, Central GOA, and Western GOA and adjacent waters open by the 
State of Alaska for which it adopts the applicable Federal fishing 
season for that species based on the use of halibut PSC:
    (A) Rex sole;
    (B) Deep water flatfish;
    (C) Arrowtooth flounder;
    (D) Shallow water flatfish;
    (E) Flathead sole; and
    (iv) Directed fishing by a vessel in the catcher vessel sector for 
Pacific cod in the BSAI and adjacent waters open by the State of Alaska 
for which it adopts a Federal fishing season.
    (5) Vessels and LLP licenses subject to general and halibut PSC 
sideboard limitations. (i) The sideboard fishing limitations described 
in paragraph (d) of this section apply both to the fishing vessel itself 
and to any LLP license derived in whole or in part from the history of 
that vessel. The sideboard limitations apply to any vessel named on that 
LLP license. These sideboard restrictions apply even if an LLP license 
holder did not submit an application to participate in the Rockfish 
Program but that LLP license is otherwise eligible to receive rockfish 
QS under the Rockfish Program based on legal rockfish landings.
    (ii) Except as described in paragraph (d)(5)(iii) of this section, 
the owner of any vessel that NMFS has determined meets one of the 
following criteria is subject to groundfish directed fishing sideboard 
limits and halibut PSC sideboard limits issued under this paragraph (d):
    (A) Any vessel whose legal rockfish landings could generate rockfish 
QS;

[[Page 783]]

    (B) Any LLP license under whose authority legal rockfish landings 
were made;
    (C) Any vessel named on an LLP license that was generated in whole 
or in part by the legal rockfish landings of a vessel meeting the 
criteria in paragraph (d)(5)(ii)(B) of this section.
    (iii) Any AFA vessel that is not exempt from GOA groundfish 
sideboards under the AFA as specified under Sec. 679.64(b)(2)(ii) is 
exempt from the sideboard limits in this paragraph (d).
    (6) Determination of general sideboard ratios. (i) Separate 
sideboard ratios for each rockfish sideboard fishery are established for 
the catcher vessel and the catcher/processor sectors. The general 
sideboard ratio for each fishery is determined according to the 
following table:

------------------------------------------------------------------------
                                        The Sideboard
     For the                            Limit for the     The Sideboard
 Management Area    In the directed       Catcher/        Limit for the
    of the...        fishery for...   Processor Sector   Catcher Vessel
                                            is...         Sector is...
------------------------------------------------------------------------
West Yakutat       Pelagic Shelf      72.4 percent of   1.7 percent of
 District           Rockfish           the TAC           the TAC
                  ------------------------------------------------------
                   Pacific ocean      76.0 percent of   2.9 percent of
                    perch              the TAC           the TAC
------------------------------------------------------------------------
Western GOA        Pelagic Shelf      63.3 percent of   0.0 percent of
                    Rockfish           the TAC           the TAC
                  ------------------------------------------------------
                   Pacific ocean      61.1 percent of   (Not released
                    perch              the TAC           due to
                                                         confidentiality
                                                         requirements on
                                                         fish ticket
                                                         data
                                                         established by
                                                         the State of
                                                         Alaska).
                  ------------------------------------------------------
                   Northern Rockfish  78.9 percent fo   0.0 percent of
                                       the TAC           the TAC
------------------------------------------------------------------------
BSAI               Pacific cod        N/A               0.0 percent of
                                                         the TAC
------------------------------------------------------------------------

    (ii) Each rockfish cooperative in the catcher/processor sector will 
be assigned a sideboard limit for that rockfish cooperative as a 
percentage of the general sideboard ratio for that fishery.
    (iii) The sideboard ratios that are applicable for each general 
sideboarded fishery for a rockfish cooperative in the catcher/processor 
sector are calculated by dividing the aggregate retained catch of that 
fishery, from July 1 through July 31 in each year from 1996 through 
2002, caught by LLP licenses assigned to that rockfish cooperative that 
are subject to directed fishing closures under this paragraph (d), by 
the total retained catch from July 1 through July 31 in each year from 
1996 through 2002 caught by all groundfish vessels in that sector.
    (7) Management of annual sideboard limits--(i) Sideboard directed 
fishing allowance. (A) If the Regional Administrator determines that an 
annual sideboard limit for a general rockfish sideboard fishery has been 
or will be reached, the Regional Administrator may establish a directed 
fishing allowance for the species or species group applicable only to 
the group of vessels to which the general sideboard limit applies. A 
directed fishing allowance that is established for a rockfish 
cooperative in the catcher/processor sector may be fished only by that 
rockfish cooperative to which it is assigned.
    (B) If the Regional Administrator determines that a sideboard limit 
is insufficient to support a directed fishing allowance for that species 
or species group, then the Regional Administrator may set the directed 
fishing allowance to zero for that species or species group for that 
sector or rockfish cooperative, as applicable.
    (ii) Directed fishing closures. Upon attainment of a general 
directed fishing sideboard limit, the Regional Administrator will 
publish notification in the Federal Register prohibiting directed 
fishing for the species or species group in the specified sector, 
regulatory area, or district.
    (8) Determination of halibut PSC sideboard ratios. (i) Sideboards 
for halibut PSC are established for the catcher vessel and the catcher/
processor sectors separately. Sideboard limits for halibut PSC are 
calculated for each rockfish cooperative in the catcher/

[[Page 784]]

processor sector separately. The halibut PSC sideboard limit for each 
sector is established according to the following table:

------------------------------------------------------------------------
                          the annual Deep-water     the annual Shallow-
   For the following       complex halibut PSC     water complex halibut
       Sector...          Sideboard Limit in the  PSC Sideboard Limit in
                                GOA is...              the GOA is...
------------------------------------------------------------------------
Catcher/Processor        3.99 percent of the GOA  0.54 percent of the
 Sector                   annual halibut           GOA annual halibut
                          mortality limit          mortality limit
------------------------------------------------------------------------
Catcher Vessel Sector    1.08 percent of the GOA  6.32 percent of the
                          annual halibut           GOA annual halibut
                          mortality limit          mortality limit
------------------------------------------------------------------------
------------------------------------------------------------------------

    (ii) Each rockfish cooperative in the catcher/processor sector will 
be assigned a percentage of each halibut PSC sideboard limit established 
under paragraph (d)(8) of this section based on the following 
calculation:
    (A) The aggregate halibut PSC used in the deep-water complex from 
July 1 through July 31 in each year from 1996 through 2002 by LLP 
licenses assigned to that rockfish cooperative that are subject to 
directed fishing closures under this paragraph (d), except primary 
rockfish fisheries in the Central GOA, divided by 3.99 percent of the 
GOA annual halibut mortality limit; and
    (B) The aggregate halibut PSC used in the shallow-water complex from 
July 1 through July 31 in each year from 1996 through 2002 by LLP 
licenses assigned to that rockfish cooperative that are subject to 
directed fishing closures under this paragraph (d), divided by 0.54 
percent of the GOA annual halibut mortality limit.
    (C) Catcher/processor sector participants that are not in a rockfish 
cooperative will receive the aggregate portion of the deep water halibut 
PSC sideboard limit and shallow-water halibut PSC sideboard limit not 
assigned to rockfish cooperatives.
    (9) Management of halibut PSC sideboard limits--(i) Halibut PSC 
sideboard limits. The resulting halibut PSC sideboard limits established 
under this paragraph (d) will be published in the annual GOA groundfish 
harvest specification notice and expressed in metric tons.
    (A) If the Regional Administrator determines that a halibut PSC 
sideboard limit is sufficient to support a directed fishery for 
groundfish specified under paragraph (d)(4)(iii) of this section for a 
particular sector, then the Regional Administrator may establish a 
halibut PSC sideboard limit for the species complex applicable only to 
the group of vessels in that sector to which the halibut PSC sideboard 
limit applies. A halibut PSC sideboard limit that is established for a 
rockfish cooperative in the catcher/processor sector may be fished only 
by that rockfish cooperative in the catcher/processor sector to which it 
is assigned.
    (B) If the Regional Administrator determines that a halibut PSC 
sideboard limit is insufficient to support a directed fishery for a 
groundfish fishery specified under paragraph (d)(4)(iii) of this section 
for a particular sector then the Regional Administrator may close 
directed fishing by that sector or rockfish cooperative in the catcher/
processor sector.
    (ii) Directed fishing closures. Upon determining that a halibut PSC 
sideboard limit is or will be reached, the Regional Administrator will 
publish notification in the Federal Register prohibiting directed 
fishing for the species or species complex in the specified sector, 
rockfish cooperative in the catcher/processor sector, regulatory area, 
or district. The following specific directed fishing closures will be 
implemented if a halibut PSC sideboard limit is reached:
    (A) If the shallow-water halibut PSC sideboard limit for a sector or 
rockfish cooperative in the catcher/processor sector is reached, then 
NMFS will close directed fishing in that management area for:
    (1) Flathead sole; and
    (2) Shallow water flatfish.
    (B) If the deep-water halibut PSC sideboard limit is reached for a 
sector or rockfish cooperative in the catcher/processor sector, then 
NMFS will close directed fishing in that management area for:
    (1) Rex sole;
    (2) Deep water flatfish; and
    (3) Arrowtooth flounder.
    (iii) Halibut PSC accounting. Any halibut mortality occurring under 
a CQ

[[Page 785]]

permit or in a rockfish limited access fishery will not apply against 
the halibut PSC sideboard limits established paragraph (d)(8) of this 
sector.
    (e) Sideboard provisions for catcher vessels--(1) General. In 
addition to the sideboard provisions that apply under paragraph (d) of 
this section, except as described in paragraph (d)(5)(iii) of this 
section, the following additional sideboards apply to catcher vessels.
    (2) Catcher vessels subject to catcher vessel sideboard limits. Any 
catcher vessel that NMFS has determined meets any of the following 
criteria is subject to the provisions under this paragraph (e):
    (i) Any catcher vessel whose legal rockfish landings could be used 
to generate rockfish QS for the catcher vessel sector in the Rockfish 
Program;
    (ii) Any catcher vessel named on an LLP license under which catch 
history could be used to qualify that LLP license for eligibility in the 
Rockfish Program; or
    (iii) Any catcher vessel named on an LLP license that was generated 
in whole or in part by the legal rockfish landings of a catcher vessel.
    (3) Prohibition for directed fishing in BSAI groundfish fisheries 
during July. Vessels subject to the provisions of this paragraph (e) may 
not participate in directed fishing in the BSAI and adjacent waters open 
by the State of Alaska for which it adopts the applicable Federal 
fishing season for that species from July 1 through July 31 in any of 
the following directed fisheries:
    (i) Alaska plaice;
    (ii) Arrowtooth flounder;
    (iii) Flathead sole;
    (iv) Other flatfish;
    (v) Pacific ocean perch;
    (vi) Rock sole; and
    (vii) Yellowfin sole.
    (f) Sideboard provision--catcher/processor rockfish cooperative 
provisions--(1) General. In addition to the sideboard provisions that 
apply under paragraph (d) of this section, the following additional 
sideboard limits under this paragraph (f) apply to catcher/processor 
vessels and LLP licenses that are assigned to a rockfish cooperative in 
the catcher/processor sector during a calendar year.
    (2) Vessels subject to rockfish cooperative sideboard provisions. 
Any vessel that NMFS has determined meets any of the following criteria 
is subject to groundfish sideboard directed fishing closures issued 
under this paragraph (f):
    (i) Any catcher/processor vessel whose legal rockfish landings has 
been used to qualify for the Rockfish Program and the vessel named on 
that LLP license is assigned to a rockfish cooperative;
    (ii) Any catcher/processor vessel named on an LLP license under 
which catch history has been used to qualify that LLP license for the 
Rockfish Program and that LLP license is used in a rockfish cooperative; 
or
    (iii) Any catcher/processor vessel that has been designated in an 
application for CQ.
    (3) Prohibitions for fishing in GOA groundfish fisheries. A vessel 
subject to a rockfish cooperative sideboard provision under this 
paragraph (f) may not participate in any directed groundfish fishery the 
GOA and adjacent waters open by the State of Alaska for which it adopts 
the applicable Federal fishing season for that species except sablefish 
harvested under the IFQ Program and groundfish harvested under a CQ 
permit in the GOA, until the earlier of:
    (i) From July 1 through July 14 if:
    (A) Any vessel in the rockfish cooperative does not meet monitoring 
standards established under paragraph (f)(3)(iii) of this section; and
    (B) The rockfish cooperative has harvested any CQ prior to July 1; 
or
    (ii) From July 1 until 90 percent of the rockfish cooperative's 
primary rockfish species CQ has been harvested if:
    (A) Any vessel in the rockfish cooperative does not meet monitoring 
standards established under paragraph (f)(3)(iii) of this section; and
    (B) The rockfish cooperative has not harvested any CQ prior to July 
1.
    (iii) The prohibition on fishing in any directed groundfish fishery 
in the GOA and adjacent waters open by the State of Alaska for which it 
adopts the applicable Federal fishing season for that species, except 
sablefish harvested under the IFQ Program, does not apply

[[Page 786]]

if all vessels in the rockfish cooperative maintain an adequate 
monitoring plan during all fishing for any CQ or any directed sideboard 
fishery as required under Sec. 679.84(c) through (e).
    (g) Sideboard provisions--catcher/processor limited access 
provisions--(1) General. In addition to the sideboard provisions that 
apply under paragraph (d) of this section, the following sideboard 
limits under this paragraph (g) apply to any catcher/processor vessels 
and LLP licenses that are used in the rockfish limited access fishery 
for the catcher/processor sector.
    (2) Vessels subject to rockfish limited access fishery sideboard 
provisions. Any vessel that NMFS has determined meets any of the 
following criteria is subject to groundfish sideboard directed fishing 
closures issued under this paragraph (g):
    (i) Any catcher/processor vessel named on an LLP license whose legal 
rockfish landings were used to qualify for the Rockfish Program and the 
vessel named on that LLP license is assigned to a catcher/processor 
rockfish limited access fishery;
    (ii) Any catcher/processor vessel named on an LLP license under 
which catch history was used to qualify that LLP license for the 
Rockfish Program and that LLP license is used in the catcher/processor 
rockfish limited access fishery;
    (iii) Any catcher/processor vessel designated in an application for 
the rockfish limited access fishery for the catcher/processor sector; or
    (iv) Any vessel named on an LLP license with legal rockfish landings 
in the catcher/processor sector if that LLP license is not specified in 
an application for CQ or an application to opt-out.
    (3) Prohibition from directed fishing in GOA groundfish fisheries. 
Except for the rockfish limited access fishery and sablefish harvested 
under the IFQ Program, a vessel may not participate in any GOA 
groundfish fishery and adjacent waters open by the State of Alaska for 
which it adopts the applicable Federal fishing season for that species, 
from July 1 until 90 percent of the Central GOA Pacific ocean perch that 
is allocated to the rockfish limited access fishery for the catcher/
processor sector has been harvested, if:
    (i) The vessel is named on an LLP license used in the rockfish 
limited access fishery; and
    (ii) The vessel has been assigned rockfish QS greater than an amount 
equal to 5 percent of the Pacific ocean perch rockfish QS allocated to 
the catcher/processor sector.
    (h) Sideboard provisions--catcher/processor opt-out provisions--(1) 
General. In addition to the sideboard provisions that apply under 
paragraph (d) of this section, the following sideboards under this 
paragraph (h) apply to any catcher/processor vessels and LLP license 
designated in an application to opt-out that is subsequently approved by 
NMFS.
    (2) Vessels subject to opt-out sideboard provisions. (i) Any 
catcher/processor vessel whose legal rockfish landings were used to 
qualify for the Rockfish Program and for which the vessel named on that 
LLP license is assigned to the opt-out fishery;
    (ii) Any catcher/processor vessel named on an LLP license under 
which catch history was used to qualify that LLP license for the 
Rockfish Program and that LLP license is used in the opt-out fishery; or
    (iii) Any catcher/processor vessel designated in an application to 
opt-out.
    (3) Prohibitions on Central GOA rockfish directed harvest by opt-out 
vessels. Any vessel that is subject to the opt-out sideboard restriction 
under this paragraph (h) is prohibited from directed fishing for the 
following species in the following management areas:
    (i) Central GOA northern rockfish and adjacent waters open by the 
State of Alaska for which it adopts a Federal fishing season;
    (ii) Central GOA Pacific ocean perch and adjacent waters open by the 
State of Alaska for which it adopts a Federal fishing season; and
    (iii) Central GOA pelagic shelf rockfish and adjacent waters open by 
the State of Alaska for which it adopts a Federal fishing season.
    (4) Prohibitions on directed fishing in GOA groundfish fisheries 
without previous participation. (i) Any vessel that is subject to the 
opt-out sideboard restriction under paragraph (c) of this

[[Page 787]]

section is prohibited from directed fishing in any groundfish fishery in 
the GOA and adjacent waters open by the State of Alaska for which it 
adopts the applicable Federal fishing season for that species (except 
sablefish harvested under the IFQ Program) from July 1 through July 14 
of each year if that vessel has not participated in that directed 
groundfish fishery in any two years from 1996 through 2002 during the 
following time periods:
    (A) June 30, 1996 through July 6, 1996;
    (B) June 29, 1997 through July 5, 1997;
    (C) June 28, 1998 through July 4, 1998;
    (D) July 4, 1999 through July 10, 1999;
    (E) July 8, 2000 through July 15, 2000;
    (F) July 1, 2001 through July 7, 2001; and
    (G) June 30, 2002 through July 6, 2002.
    (ii) For purposes of this paragraph (h), participation in a fishery 
in Statistical Area 650 during a time period specified in paragraph 
(h)(4)(i) of this section shall be considered as participation in that 
same fishery in Statistical Area 640 during that time period.

[71 FR 67252, Nov. 20, 2006, as amended at 72 FR 37681, July 11, 2007; 
74 FR 51518, Oct. 7, 2009; 74 FR 56733, Nov. 3, 2009]



Sec. 679.83  Rockfish Program entry level fishery.

    (a) Rockfish entry level fishery--(1) General. A rockfish entry 
level harvester and rockfish entry level processor may participate in 
the rockfish entry level fishery as follows:
    (i) Trawl catcher vessels. Trawl catcher vessels participating in 
the rockfish entry level fishery may collectively harvest, prior to 
September 1, an amount not greater than 50 percent of the total 
allocation to the rockfish entry level fishery as calculated under Sec. 
679.81(a)(2). Allocations to trawl catcher vessels shall be made first 
from the allocation of Pacific ocean perch available to the rockfish 
entry level fishery. If the amount of Pacific ocean perch available for 
allocation is less than the total allocation allowable for trawl catcher 
vessels in the rockfish entry level fishery, then northern rockfish and 
pelagic shelf rockfish shall be allocated to trawl catcher vessels.
    (ii) Longline gear vessels. Longline gear vessels participating in 
the rockfish entry level fishery may collectively harvest, prior to 
September 1, an amount not greater than 50 percent of the total 
allocation to the rockfish entry level fishery as calculated under Sec. 
679.81(a)(2). Allocations of Pacific ocean perch, northern rockfish, and 
pelagic shelf rockfish to longline gear vessels shall be made after the 
allocation to trawl catcher vessels.
    (iii) Secondary species allocations. Secondary species shall not be 
allocated to the rockfish entry level fishery. Secondary species shall 
be managed based on a MRA for the target species as described in Table 
10 to this part.
    (iv) Halibut PSC allocations--trawl vessels. Halibut PSC from trawl 
vessels in the rockfish entry level fishery shall be accounted against 
the allocation to the deep water species fishery complex for that 
seasonal apportionment. If the Halibut PSC allocation in the deep water 
fishery complex has been achieved or exceeded for that seasonal 
apportionment, the rockfish entry level fishery for trawl vessels will 
be closed until deep water species fishery complex halibut PSC is 
available.
    (v) Halibut PSC allocations--longline gear vessels. Halibut PSC from 
longline gear vessels in the rockfish entry level fishery shall be 
accounted against the allocation to the other non-trawl fishery category 
for that seasonal apportionment. If the Halibut PSC allocation in the 
other non-trawl fishery category has been reached or exceeded for that 
seasonal apportionment, the rockfish entry level fishery for longline 
gear vessels will be closed until deep water species fishery complex 
halibut PSC is available.
    (2) Reallocation among trawl and longline gear vessels. Any 
allocation of Pacific ocean perch, northen rockfish, or pelagic shelf 
rockfish that has not been harvested by 1200 hours, A.l.t. on September 
1, may be harvested by either trawl or longline gear vessels in the 
rockfish entry level fishery.
    (3) Opening of the rockfish entry level fishery. The Regional 
Administrator maintains the authority to not open the rockfish entry 
level fishery if he deems it appropriate for conservation or other 
management measures. Factors such as the total allocation, anticipated 
harvest rates, and number of

[[Page 788]]

participants will be considered in making any such decision.
    (b) [Reserved]

[71 FR 67252, Nov. 20, 2006, as amended at 72 FR 37681, July 11, 2007]



Sec. 679.84  Rockfish Program recordkeeping, permits, monitoring,
and catch accounting.

    (a) Recordkeeping and reporting. See Sec. 679.5(r).
    (b) Permits. See Sec. 679.4(n).
    (c) Catch monitoring requirements for catcher/processors assigned to 
a rockfish cooperative or rockfish limited access fishery. The 
requirements under paragraphs (c)(1) through (9) of this section apply 
to any catcher/processor vessel participating in a rockfish cooperative 
or the rockfish limited access fishery, and that is subject to a 
sideboard limit as described in this section. At all times when a vessel 
has groundfish onboard that were harvested under a CQ permit that were 
harvested during a rockfish limited access fishery, or that were 
harvested by a vessel subject to a sideboard limit as described under 
Sec. 679.82(d) through (g), as applicable, the vessel owner or operator 
must ensure that:
    (1) Catch weighing. All groundfish are weighed on a NMFS-approved 
scale in compliance with the scale requirements at Sec. 679.28(b). Each 
haul must be weighed separately and all catch must be made available for 
sampling by a NMFS-certified observer.
    (2) Observer sampling station. An observer sampling station meeting 
the requirements at Sec. 679.28(d) is available at all times.
    (3) Observer coverage requirements. The vessel is in compliance with 
the observer coverage requirements described at Sec. 679.50(c)(7)(i).
    (4) Operational line. The vessel has no more than one operational 
line or other conveyance for the mechanized movement of catch between 
the scale used to weigh total catch and the location where the observer 
collects species composition samples.
    (5) Fish on deck. No fish are allowed to remain on deck unless an 
observer is present, except for fish inside the codend and fish 
accidentally spilled from the codend during hauling and dumping. Fish 
accidentally spilled from the codend must be moved to the fish bin.
    (6) Sample storage. The vessel owner or operator provides sufficient 
space to accommodate a minimum of 10 observer sampling baskets. This 
space must be within or adjacent to the observer sample station.
    (7) Pre-cruise meeting. The Observer Program Office is notified by 
phone at 1-907-271-1702 at least 24 hours prior to departure when the 
vessel will be carrying an observer who had not previously been deployed 
on that vessel within the last 12 months. Subsequent to the vessel's 
departure notification, but prior to departure, NMFS may contact the 
vessel to arrange for a pre-cruise meeting. The pre-cruise meeting must 
minimally include the vessel operator or manager, and any observers 
assigned to the vessel.
    (8) Belt and flow operations. The vessel operator stops the flow of 
fish and clear all belts between the bin doors and the area where the 
observer collects samples of unsorted catch when requested to do so by 
the observer.
    (9) Vessel crew in tanks or bins. The vessel owner or operator must 
comply with the bin monitoring standards specified in Sec. 679.28(i).
    (d) Catch monitoring requirements for catcher/processors assigned to 
the opt-out fishery. At all times any catcher/processor vessel assigned 
to the opt-out fishery has groundfish onboard that vessel that were 
harvested subject to a sideboard limit as described under Sec. 
679.82(d) through (h), as applicable, the vessel owner or operator must 
ensure catch from an individual haul is not mixed with catch from 
another haul prior to sampling by a NMFS-certified observer, that all 
catch be made available for sampling by a NMFS-certified observer, and 
that the requirements in paragraphs (c)(3), (4), (5), (8), and (9) of 
this section are met.
    (e) Catch monitoring requirements for catcher vessels. The owner or 
operator of a catcher vessel must ensure the vessel complies with the 
observer coverage requirements described at Sec. 679.50(c)(7)(ii) at 
all times the vessel is participating in a rockfish cooperative, 
rockfish limited access fishery, or rockfish sideboard fishery described 
in this section.

[[Page 789]]

    (f) Catch monitoring requirements for shoreside and stationary 
floating processors--(1) Catch monitoring and control plan (CMCP). The 
owner or operator of a shoreside or stationary floating processor 
receiving deliveries from a catcher vessel described at Sec. 
679.50(c)(7)(ii) must ensure the shoreside or stationary floating 
processor complies with the CMCP requirements described at Sec. 
679.28(g).
    (2) Catch weighing. All groundfish landed by catcher vessels 
described at Sec. 679.50(c)(7)(ii) must be sorted, weighed on a scale 
approved by the State of Alaska as described at 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 to determine 
its accuracy.
    (3) Notification requirements. The plant manager or plant liaison 
must notify the observer of the offloading schedule for each delivery of 
groundfish harvested in a Rockfish Program fishery at least 1 hour prior 
to offloading. An observer must be available to monitor each delivery of 
groundfish harvested in a Rockfish Program fishery. The observer must be 
available the entire time the delivery is being weighed or sorted.
    (g) Catch accounting--(1) Primary rockfish species and secondary 
species. All primary rockfish species and secondary species harvested by 
a vessel, including harvests in adjacent waters open by the State of 
Alaska for which it adopts a Federal fishing season, that is named on an 
LLP license that is assigned to a rockfish cooperative and fishing under 
a CQ permit will be debited against the CQ for that rockfish cooperative 
from May 1:
    (i) Until November 15; or
    (ii) Until that rockfish cooperative has submitted a rockfish 
cooperative termination of fishing declaration that has been approved by 
NMFS.
    (2) Rockfish halibut PSC. All rockfish halibut PSC used by a vessel, 
including halibut PSC used in the adjacent waters open by the State of 
Alaska for which it adopts a Federal fishing season, that is named on an 
LLP license that is assigned to a rockfish cooperative and fishing under 
a CQ permit will be debited against the CQ for that rockfish cooperative 
from May 1:
    (i) Until November 15; or
    (ii) Until the designated representative of that rockfish 
cooperative has submitted a rockfish cooperative termination of fishing 
declaration that has been approved by NMFS.
    (3) Groundfish sideboard limits. All groundfish harvested by a 
vessel, except groundfish harvested by a vessel fishing under a CQ 
permit in the Central GOA including groundfish harvested in the adjacent 
waters open by the State of Alaska for which it adopts a Federal fishing 
season, that is subject to a sideboard limit for that groundfish species 
as described under Sec. 679.82(d) through (h), as applicable, from July 
1 until July 31 will be debited against the sideboard limit established 
for that sector or rockfish cooperative, as applicable.
    (4) Halibut sideboard limits. All halibut PSC used by a vessel, 
except halibut PSC used by a vessel fishing under a CQ permit, or in a 
rockfish limited access fishery including halibut PSC used in the 
adjacent waters open by the State of Alaska for which it adopts a 
Federal fishing season, that is subject to a sideboard limit as 
described under Sec. 679.82(d) through (h), as applicable, from July 1 
until July 31 will be debited against the sideboard limit established 
for that sector or rockfish cooperative, as applicable.

[71 FR 67252, Nov. 20, 2006, as amended at 72 FR 37681, July 11, 2007; 
72 FR 52726, Sept. 14, 2007; 73 FR 76166, Dec. 15, 2008]



                     Subpart H_Amendment 80 Program

    Source: 72 FR 52726, Sept. 14, 2007, unless otherwise noted.



Sec. 679.90  Allocation, use, and transfer of Amendment 80 QS permits.

    Regulations under this subpart were developed by NMFS to implement 
the Amendment 80 Program. Additional regulations that implement specific 
portions of the Amendment 80 Program are set out at Sec. 679.2 
Definitions, Sec. 679.4 Permits, Sec. 679.5 Recordkeeping and 
reporting (R&R), Sec. 679.7 Prohibitions, Sec. 679.20 General 
limitations, Sec. 679.21 Prohibited species bycatch management,

[[Page 790]]

Sec. 679.27 Improved Retention/Improved Utilization Program, Sec. 
679.28 Equipment and operational requirements, Sec. 679.31 CDQ and PSQ 
reserves, Sec. 679.50 Groundfish Observer Program applicable through 
December 31, 2007, and Sec. 679.64 Harvesting sideboard limits in other 
fisheries.
    (a) Issuance of Amendment 80 QS permits--(1) General. NMFS will 
issue an Amendment 80 QS permit to a person who is eligible to receive 
Amendment 80 QS units as described in paragraph (a)(2) of this section 
and based on:
    (i) The information contained in an approved application for 
Amendment 80 QS as described in paragraph (b) of this section;
    (ii) The information contained in the Amendment 80 official record 
as described in paragraph (c) of this section;
    (iii) The Amendment 80 QS permit allocation procedures as described 
in paragraph (d) of this section; and
    (iv) In consideration of any use caps as described in Sec. 
679.92(a).
    (2) Eligibility to receive an Amendment 80 QS permit--(i) Owner of 
an Amendment 80 vessel. A person may receive an Amendment 80 QS permit 
based on the legal landings of an Amendment 80 vessel if:
    (A) That person owns that Amendment 80 vessel at the time of 
application for Amendment 80 QS as demonstrated on an abstract of title 
or USCG documentation;
    (B) That person holds an Amendment 80 LLP license at the time of 
application for Amendment 80 QS;
    (C) That person is a U.S. citizen;
    (D) That person submits a timely application for Amendment 80 QS 
that is approved by NMFS as described in paragraph (b) of this section; 
and
    (E) A person is not eligible to receive an Amendment 80 QS permit 
based on the legal landings of that Amendment 80 vessel under the 
provisions of paragraph (a)(2)(ii) of this section.
    (ii) Holder of an Amendment 80 LLP license. A person may receive an 
Amendment 80 QS permit based on the legal landings of an Amendment 80 
vessel if:
    (A) At the time of application for Amendment 80 QS that person holds 
the LLP license originally assigned to that Amendment 80 vessel and that 
Amendment 80 vessel has suffered an actual total loss, constructive 
total loss, or is permanently ineligible to receive a fishery 
endorsement under 46 U.S.C. 12108;
    (B) The actual total loss, constructive total loss, or permanent 
ineligibility of that Amendment 80 vessel to receive a fishery 
endorsement under 46 U.S.C. 12108 has been clearly and unambiguously 
established and documented in written form in the application for 
Amendment 80 QS and that documentation is accepted by NMFS;
    (C) The express terms of a written contract clearly and 
unambiguously provide that the owner(s) of that Amendment 80 vessel 
transferred all rights and privileges to use the Amendment 80 legal 
landings from that Amendment 80 vessel to the person holding the LLP 
license originally assigned to that Amendment 80 vessel;
    (D) That person is a U.S. citizen; and
    (E) That person has submitted a timely application for Amendment 80 
QS that is approved by NMFS as described in paragraph (b) of this 
section.
    (b) Application for Amendment 80 QS--(1) Submission. A person who 
wishes to receive an Amendment 80 QS permit must submit a timely and 
complete application for Amendment 80 QS. Once a person submits a timely 
and complete application for Amendment 80 QS that is approved by NMFS, 
an application for Amendment 80 QS is not required to be resubmitted. An 
application for Amendment 80 QS may only be submitted to NMFS using any 
one of the following methods:
    (i) Mail: Regional Administrator, c/o Restricted Access Management 
Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
    (ii) Fax: 907-586-7354; or
    (iii) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, 
Juneau, AK 99801.
    (2) Application forms. Application forms are available through the 
internet on the NMFS Alaska Region Web site at http://www.fakr.noaa.gov, 
or by contacting NMFS at 800-304-4846, Option 2.
    (3) Deadline. A completed application for Amendment 80 QS must be 
received by NMFS no later than 1700 hours A.l.t. on October 15 of the 
year prior to the fishing year for which the applicant is

[[Page 791]]

applying, or if sent by U.S. mail, postmarked by that time. Applications 
received or postmarked after the deadline will not be eligible to 
receive an Amendment 80 QS permit for the upcoming fishing year.
    (4) Contents of application. A completed application must contain 
the following information:
    (i) Applicant identification. (A) The applicant's name, NMFS person 
ID (if applicable), tax ID number, permanent business mailing address, 
business telephone number, business fax number, and e-mail (if 
available);
    (B) Indicate (YES or NO) if the applicant is a U.S. citizen; if YES, 
enter his or her date of birth;
    (C) Indicate (YES or NO) if the applicant is a U.S. corporation, 
partnership, association, or other business entity; if YES, enter the 
date of incorporation;
    (D) Indicate (YES or NO) if the applicant is a successor-in-interest 
to a deceased individual or to a non-individual no longer in existence, 
if YES attach evidence of death or dissolution;
    (E) Indicate whether the applicant is applying as the owner of an 
Amendment 80 vessel or the holder of an LLP license originally assigned 
to an Amendment 80 vessel;
    (F) For an applicant claiming Amendment 80 legal landings associated 
with an Amendment 80 vessel, enter the following information for each 
Amendment 80 vessel: USCG documentation number of vessel on which 
Amendment 80 legal landings were caught and processed, vessel name, 
ADF&G vessel registration number, and LLP license held by that person at 
the time of application;
    (G) If an Amendment 80 vessel has suffered an actual total loss, 
constructive total loss, or is permanently ineligible to receive a 
fishery endorsement under 46 U.S.C. 12108, provide clear and unambiguous 
documentation in written form that the Amendment 80 vessel has suffered 
an actual total loss, constructive total loss, or is permanently 
ineligible to receive a fishery endorsement under 46 U.S.C. 12108; and
    (H) If applicable, a copy of the express terms of a written contract 
held by the applicant that clearly and unambiguously indicates that the 
owner of the Amendment 80 vessel that has suffered has an actual total 
loss, constructive total loss, or is permanently ineligible to receive a 
fishery endorsement under 46 U.S.C. 12108 has transferred all rights and 
privileges to use Amendment 80 legal landings and any resulting 
Amendment 80 QS or exclusive harvest privilege from that Amendment 80 
vessel to the person holding the LLP license originally assigned to that 
Amendment 80 vessel.
    (ii) Applicant signature and certification. The applicant must sign 
and date the application certifying that all information is true, 
correct, and complete to the best of his or her knowledge and belief. If 
the application is completed by a designated representative, then 
explicit authorization for the designated representative signed by the 
applicant must accompany the application.
    (5) Application evaluation. The Regional Administrator will evaluate 
applications received as specified in this paragraph (b)(5) of this 
section and compare all claims in an application with the information in 
the Amendment 80 official record. Application claims that are consistent 
with information in the Amendment 80 official record will be approved by 
the Regional Administrator. Application claims that are inconsistent 
with the Amendment 80 official record, unless verified by documentation, 
will not be approved. An applicant who submits inconsistent claims, or 
an applicant who fails to submit the information specified in paragraph 
(b)(4) of this section, will be provided a single 30-day evidentiary 
period in which 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 Amendment 80 official 
record. An applicant who submits claims that are inconsistent with 
information in the Amendment 80 official record has the burden of 
proving that the submitted claims are correct. Any claims that remain 
inconsistent or that are not accepted after the 30-day evidentiary 
period will be denied, and the applicant will be notified by an IAD of 
his or her appeal rights under Sec. 679.43.
    (6) Appeals. If an applicant is notified by an IAD that inconsistent 
claims

[[Page 792]]

made by the applicant have been denied, that applicant may appeal that 
IAD under the provisions described at Sec. 679.43.
    (c) Amendment 80 official record--(1) Use of the Amendment 80 
official record. The Amendment 80 official record will contain all 
information used by the Regional Administrator to determine eligibility 
to participate in the Amendment 80 Program, assign QS, and any other 
privileges or limits for the Amendment 80 Program.
    (2) Amendment 80 official record presumed to be correct. The 
Amendment 80 official record is presumed to be correct. An applicant to 
participate in the Amendment 80 Program has the burden to prove 
otherwise.
    (3) Documentation is used to establish the amount of Amendment 80 
legal landings. Only Amendment 80 legal landings as defined in Sec. 
679.2 will be used to assign Amendment 80 QS units to an Amendment 80 QS 
permit unless an Amendment 80 vessel has no Amendment 80 legal landings, 
in which case Amendment 80 QS units will be allocated to the Amendment 
80 QS permit derived from that Amendment 80 vessel according to the 
procedures established under paragraphs (d)(1)(iii) and (iv) of this 
section.
    (4) Assignment of Amendment 80 legal landings. An Amendment 80 legal 
landing is assigned only to the Amendment 80 vessel that was used to 
make that Amendment 80 legal landing.
    (d) Assigning an Amendment 80 QS permit to an Amendment 80 QS 
holder--(1) Amendment 80 QS units derived from an Amendment 80 vessel 
and issued to an Amendment 80 QS holder. NMFS will assign a specific 
amount of Amendment 80 QS units to each Amendment 80 QS permit based on 
the Amendment 80 legal landings of each Amendment 80 vessel for each 
Amendment 80 species in each management area for that Amendment 80 
species as listed in Table 32 to this part, using information from the 
Amendment 80 official record according to the following procedures:
    (i) All Amendment 80 species. (A) For each Amendment 80 species, sum 
the Amendment 80 legal landings for each Amendment 80 vessel in all 
management areas for that Amendment 80 species listed in Table 32 to 
this part for each calendar year from 1998 through 2004.
    (B) Select the five calendar years that yield the highest amount of 
Amendment 80 legal landings of that Amendment 80 species in all 
management areas for that Amendment 80 species listed in Table 32 to 
this part, including zero metric tons if necessary.
    (C) Sum the Amendment 80 legal landings of the highest five years 
for an Amendment 80 species. This yields the Highest Five Years for that 
Amendment 80 species.
    (D) Divide the Highest Five Years for an Amendment 80 species in 
paragraph (d)(1)(i)(C) of this section for an Amendment 80 vessel by the 
sum of all Highest Five Years for all Amendment 80 vessels for that 
Amendment 80 species based on the Amendment 80 official record for that 
Amendment 80 species as presented in the following equation:

Highest Five Years/[Sigma] All Highest Five Years x 100 = Percentage of 
    the Total.


The result (quotient) of this equation is the Percentage of the Total 
for that Amendment 80 vessel for that Amendment 80 species.
    (ii) Aleutian Islands Pacific ocean perch and BSAI Pacific cod. 
Multiply the Percentage of the Total for that Amendment 80 vessel for 
Aleutian Islands Pacific ocean perch and BSAI Pacific cod as calculated 
in paragraph (d)(1)(i)(D) of this section by the Amendment 80 initial QS 
pool for Aleutian Islands Pacific ocean perch and BSAI Pacific cod as 
set forth in Table 32 to this part. This yields the number of Amendment 
80 QS units for that Amendment 80 vessel for Aleutian Islands Pacific 
ocean perch and BSAI Pacific cod Pacific cod.
    (iii) BSAI rock sole and BSAI yellowfin sole. (A) If an Amendment 80 
vessel did not have any Amendment 80 legal landings during 1998 through 
2004, that Amendment 80 vessel will receive 0.5 percent of the 
Percentage of the Total for BSAI rock sole and BSAI yellowfin sole as 
calculated in paragraph (d)(1)(i)(D) of this section.
    (B) All Amendment 80 vessels that did have Amendment 80 legal 
landings will have the Percentage of the Total

[[Page 793]]

assigned to that Amendment 80 vessel as calculated in paragraph 
(d)(1)(i)(D) of this section adjusted to account for the assignment of 
the Percentage of the Total to Amendment 80 vessels under paragraph 
(d)(1)(iii)(A) of this section for BSAI rock sole and BSAI yellowfin 
sole as presented in the following equation:

Percentage of the Total for that Amendment 80 vessel x (100-[Sigma] 
    Percentage of the Total assigned to all Amendment 80 vessels under 
    paragraph (d)(1)(iii)(A) of this section) = Adjusted Percentage of 
    the Total for that Amendment 80 vessel.

    (C) Multiply the Adjusted Percentage of the Total for that Amendment 
80 vessel by the Amendment 80 initial QS pool for BSAI rock sole and 
BSAI yellowfin sole as set forth in Table 32 to this part. This yields 
the number of Amendment 80 QS units for that Amendment 80 vessel for 
BSAI rock sole or BSAI yellowfin sole.
    (iv) BSAI flathead sole. (A) If an Amendment 80 vessel did not have 
any Amendment 80 legal landings during 1998 through 2004, that Amendment 
80 vessel will receive 0.1 percent of the Percentage of the Total for 
BSAI flathead sole as calculated in paragraph (d)(1)(i)(D) of this 
section.
    (B) All Amendment 80 vessels that did have Amendment 80 legal 
landings during 1998 through 2004 will have the Percentage of the Total 
assigned to that Amendment 80 vessel as calculated in paragraph 
(d)(1)(i)(D) of this section adjusted to account for the assignment of 
the Percentage of the Total to Amendment 80 vessels under paragraph 
(d)(1)(iv)(A) of this section for BSAI flathead sole as presented in the 
following equation:

Percentage of the Total for that Amendment 80 vessel x (100-[Sigma] 
    Percentage of the Total assigned to all Amendment 80 vessels under 
    paragraph (d)(1)(iv)(A) of this section) = Adjusted Percentage of 
    the Total for that Amendment 80 vessel.

    (C) Multiply the Adjusted Percentage of the Total for that Amendment 
80 vessel by the Amendment 80 initial QS pool for BSAI flathead sole as 
set forth in Table 32 to this part. This yields the number of Amendment 
80 QS units for that Amendment 80 vessel for BSAI flathead sole.
    (v) BSAI Atka mackerel. (A) Multiply the Percentage of the Total for 
that Amendment 80 vessel as calculated in paragraph (d)(1)(i)(D) of this 
section by the Amendment 80 initial QS pool for BSAI Atka mackerel as 
set forth in Table 32 to this part. This yields the number of Amendment 
80 QS units for that Amendment 80 vessel for BSAI Atka mackerel.
    (B) If an Amendment 80 vessel is an Amendment 80 non-mackerel 
vessel, determine the percentage of the Amendment 80 QS pool that is 
assigned to each Atka mackerel management area listed in Table 32 to 
this part in each year from 1998 through 2004 for that Amendment 80 non-
mackerel vessel based on the percentage of Amendment 80 legal landings 
in that Atka mackerel management area from 1998 through 2004 for that 
Amendment 80 non-mackerel vessel.
    (C) The sum of the Amendment 80 QS units allocated to all Amendment 
80 non-mackerel vessels is the Total Amendment 80 non-mackerel QS pool.
    (D) The sum of the Amendment 80 QS units allocated to all Amendment 
80 mackerel vessels is the Total Amendment 80 mackerel QS pool.
    (2) Assigning Amendment 80 QS units to an Amendment 80 permit. Once 
the Regional Administrator determines the amount of Amendment 80 QS 
units to be issued for an Amendment 80 species derived from an Amendment 
80 vessel based on the criteria described in paragraphs (b) through (d) 
of this section, NMFS will assign that amount of Amendment 80 QS units 
for each Amendment 80 species as an Amendment 80 QS permit to the 
Amendment 80 QS holder as follows:
    (i) Amendment 80 vessel owner. NMFS will issue an Amendment 80 QS 
permit for each Amendment 80 vessel to the owner of that Amendment 80 
vessel if that person submitted a timely and complete Application for 
Amendment 80 QS that was approved by NMFS under paragraph (a)(2)(i) of 
this section; or
    (ii) Amendment 80 LLP/QS license. NMFS will issue an Amendment 80 QS 
permit as an endorsement on an

[[Page 794]]

Amendment 80 LLP license to the holder of an LLP license originally 
assigned to an Amendment 80 vessel if that person submitted a timely and 
complete Application for Amendment 80 QS that was approved by NMFS under 
paragraph (a)(2)(ii) of this section.
    (e) Transfers of Amendment 80 QS permits--(1) Non-severability of 
Amendment 80 QS permits. (i) An Amendment 80 QS holder may not transfer 
an Amendment 80 QS permit to another person unless all Amendment 80 QS 
units for all Amendment 80 species on that Amendment 80 QS permit are 
transferred in their entirety to the same person at the same time; and
    (ii) Once an Amendment 80 QS permit is assigned to an Amendment 80 
LLP license, that Amendment 80 LLP license is designated as an Amendment 
80 LLP/QS license and a person may not separate the Amendment 80 QS 
permit from that Amendment 80 LLP/QS license.
    (2) Transfer of an Amendment 80 LLP/QS license. A person holding an 
Amendment 80 LLP/QS license may transfer that Amendment 80 LLP/QS 
license to another person only under the provisions of Sec. 
679.4(k)(7).
    (3) Transfers of Amendment 80 QS permits. A person holding an 
Amendment 80 QS permit assigned to an Amendment 80 vessel may transfer 
that Amendment 80 QS permit to another person only by submitting an 
application to transfer Amendment 80 QS permit that is approved by NMFS 
under the provisions of paragraph (f) of this section.
    (4) Assigning an Amendment 80 QS permit to an Amendment 80 LLP 
license. An Amendment 80 vessel owner holding an Amendment 80 QS permit 
assigned to an Amendment 80 vessel may transfer that Amendment 80 QS 
permit to the LLP license originally assigned to that Amendment 80 
vessel only by submitting an application to transfer an Amendment 80 QS 
permit that is approved by NMFS under the provisions of paragraph (f) of 
this section.
    (f) Application to transfer an Amendment 80 QS permit--(1) General. 
An Amendment 80 QS holder who wishes to transfer an Amendment 80 QS 
permit must submit a complete application that is approved by NMFS. This 
application may only be submitted to NMFS using any one of the following 
methods:
    (i) Mail: Regional Administrator, c/o Restricted Access Management 
Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
    (ii) Fax: 907-586-7354; or
    (iii) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, 
Juneau, AK 99801.
    (2) Application forms. Application forms are available through the 
internet on the NMFS Alaska Region Web site at http://www.fakr.noaa.gov, 
or by contacting NMFS at 800-304-4846, Option 2.
    (3) Application--(i) Transferor information--(A) Transferor 
identification. The transferor's name, NMFS person ID (if applicable), 
tax ID number, date of incorporation or date of birth, permanent 
business mailing address, business telephone number, fax number, and e-
mail (if available).
    (B) Type of transfer. (1) Indicate whether the transferor is 
applying to transfer an Amendment 80 QS permit to another person; or
    (2) Indicate whether the transferor is applying to transfer an 
Amendment 80 QS permit to the LLP license originally assigned to that 
Amendment 80 vessel as listed in Table 31 to this part.
    (C) Amendment 80 QS permit. Indicate the Amendment 80 QS permit to 
be transferred.
    (D) Information for transfers of Amendment 80 QS permit to another 
person. If transferring an Amendment 80 QS permit assigned to an 
Amendment 80 vessel owner to another person, attach abstract of title or 
USCG documentation that clearly and unambiguously indicates that the 
Amendment 80 QS permit transferee is named on the abstract of title or 
USCG documentation as the owner of the Amendment 80 vessel to which that 
Amendment 80 QS permit would be assigned.
    (E) Information for transfers of Amendment 80 QS permits to an 
Amendment 80 LLP license. If transferring Amendment 80 QS assigned to an 
Amendment 80 vessel owner to the LLP license originally assigned to that 
Amendment 80 vessel, provide clear and unambiguous written documentation 
that can be

[[Page 795]]

verified by NMFS that the Amendment 80 vessel for which that Amendment 
80 LLP license was originally assigned is no longer able to be used in 
the Amendment 80 Program due to the actual total loss, constructive 
total loss, or permanent ineligibility of that vessel to receive a 
fishery endorsement under 46 U.S.C. 12108.
    (F) Certification of transferor. The transferor must sign and date 
the application certifying that all information is true, correct, and 
complete to the best of his or her knowledge and belief. If the 
application is completed by a designated representative, then explicit 
authorization signed by the applicant must accompany the application.
    (ii) Transferee information--(A) Transferee identification. The 
transferee's name, NMFS person ID (if applicable), tax ID number, date 
of incorporation or date of birth, permanent business mailing address, 
business telephone number, fax number, and e-mail (if available).
    (B) Certification of transferee. The transferee must sign and date 
the application certifying that all information is true, correct, and 
complete to the best of his or her knowledge and belief. If the 
application is completed by a designated representative, then explicit 
authorization signed by the applicant must accompany the application.



Sec. 679.91  Amendment 80 Program annual harvester privileges.

    (a) Assigning an Amendment 80 QS permit to an Amendment 80 
cooperative or Amendment 80 limited access fishery--(1) General. (i) 
Each calendar year, each Amendment 80 QS permit, associated Amendment 80 
vessel, and Amendment 80 LLP license must be assigned to an Amendment 80 
cooperative or the Amendment 80 limited access fishery in order to use 
that Amendment 80 QS permit, associated Amendment 80 vessel, and 
Amendment 80 LLP license to catch, process, or receive Amendment 80 
species, crab PSC, or halibut PSC assigned to the Amendment 80 sector.
    (ii) NMFS will assign an Amendment 80 QS permit(s), associated 
Amendment 80 vessel(s), and Amendment 80 LLP license(s) held by an 
Amendment 80 QS holder to an Amendment 80 cooperative if that Amendment 
80 QS permit(s), associated Amendment 80 vessel(s), and Amendment 80 LLP 
license(s) is designated on an application for CQ that is approved by 
the Regional Administrator as described under paragraph (b) of this 
section.
    (iii) NMFS will assign an Amendment 80 QS permit(s), associated 
Amendment 80 vessel(s), and Amendment 80 LLP license(s) held by an 
Amendment 80 QS holder to the Amendment 80 limited access fishery if 
that Amendment 80 QS permit(s), associated Amendment 80 vessel(s), and 
Amendment 80 LLP license(s) is assigned to the Amendment 80 limited 
access fishery.
    (2) Amendment 80 QS permits issued after issuance of CQ or ITAC. Any 
Amendment 80 QS permits, or Amendment 80 QS units on an Amendment 80 QS 
permit, assigned to an Amendment 80 QS holder after NMFS has issued CQ 
or ITAC to the Amendment 80 sector for a calendar year will not result 
in any additional:
    (i) CQ being issued to an Amendment 80 cooperative if that Amendment 
80 QS holder has assigned his Amendment 80 QS permit(s) to an Amendment 
80 cooperative for that calendar year; or
    (ii) ITAC being issued to the Amendment 80 limited access fishery if 
that Amendment 80 QS holder has assigned his Amendment 80 QS permit(s) 
to the Amendment 80 limited access fishery for that calendar year.
    (3) Failure to submit an application for an Amendment 80 fishery. 
(i) If an Amendment 80 QS permit is not designated on a timely and 
complete application for CQ that is approved by the Regional 
Administrator as described under paragraph (b) of this section, the 
Regional Administrator will not assign that Amendment 80 QS permit, 
associated Amendment 80 vessel, or Amendment 80 LLP license to an 
Amendment 80 cooperative for the applicable calendar year.
    (ii) The Regional Administrator will assign an Amendment 80 QS 
permit, associated Amendment 80 vessel, or Amendment 80 LLP license to 
the Amendment 80 limited access fishery for the applicable calendar year 
if that Amendment 80 QS permit, associated

[[Page 796]]

Amendment 80 vessel, or Amendment 80 LLP license is designated on a 
timely and complete application for an Amendment 80 limited access 
fishery, or if that Amendment 80 QS permit, associated Amendment 80 
vessel, or Amendment 80 LLP license is not designated on a timely and 
complete application for CQ that is approved by the Regional 
Administrator as described under paragraph (b) of this section.
    (b) Application for CQ and Application for the Amendment 80 limited 
access fishery--(1) General. An application for CQ or an application for 
the Amendment 80 limited access fishery may only be submitted to NMFS 
using any one of the following methods:
    (i) Mail: Regional Administrator, c/o Restricted Access Management 
Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
    (ii) Fax: 907-586-7354; or
    (iii) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, 
Juneau, AK 99801.
    (iv) Electronic: http://alaskafisheries.noaa.gov.
    (2) Application forms. Application forms are available on the NMFS 
Alaska Region website at http://alaskafisheries.noaa.gov, or by 
contacting NMFS at 800-304-4846, Option 2.
    (3) Deadline. A completed application must be received by NMFS no 
later than 1700 hours A.l.t. on November 1 of the year prior to the 
calendar year for which the applicant is applying, or if sent by U.S. 
mail, the application must be postmarked by that time.
    (4) Application for CQ--(i) Amendment 80 cooperative identification. 
The Amendment 80 cooperative's legal name; tax ID number, the type of 
business entity under which the Amendment 80 cooperative is organized; 
the state in which the Amendment 80 cooperative is legally registered as 
a business entity; permanent business address; business telephone 
number; business fax number; e-mail address (if available); and printed 
name of the Amendment 80 cooperative's designated representative.
    (ii) Identification of Amendment 80 QS permit holders and ownership 
documentation. Full name of each Amendment 80 cooperative member; NMFS 
person ID of each member; Amendment 80 QS permit number(s), the names of 
all persons, to the individual level, holding an ownership interest in 
the Amendment 80 QS permit(s) assigned to the Amendment 80 cooperative 
and the percentage ownership each person and individual holds in the 
Amendment 80 QS permit(s).
    (iii) Identification of Amendment 80 cooperative member vessels and 
Amendment 80 LLP licenses. Vessel name; ADF&G vessel registration 
number; USCG documentation number; and Amendment 80 LLP license number.
    (iv) Identification of vessels on which the CQ issued to the 
Amendment 80 cooperative will be used. Vessel name, ADF&G vessel 
registration number, and USCG documentation number.
    (v) EDR submission. For 2009 and thereafter, indicate (YES or NO) 
whether each member of the Amendment 80 cooperative has submitted a 
timely and complete EDR for each Amendment 80 QS permit held by that 
person as required under Sec. 679.94.
    (vi) Certification of cooperative authorized representative. The 
cooperative's authorized representative must sign and date the 
application certifying that all information is true, correct, and 
complete to the best of his or her knowledge and belief. Explicit 
authorization to complete the application on behalf of the members of 
the cooperative must accompany the application.
    (vii) Copy of membership agreement or contract. Attach a copy of the 
membership agreement or contract that specifies how the Amendment 80 
cooperative intends to catch its CQ.
    (5) Application for the Amendment 80 limited access fishery--(i) 
Applicant identification. The applicant's name, NMFS Person ID (if 
applicable), tax ID number (required), permanent business mailing 
address, business telephone number, fax number, and e-mail (if 
available).
    (ii) Amendment 80 vessel identification. The name, ADF&G vessel 
registration number(s), and USCG documentation number(s) of the 
Amendment 80 vessel(s) owned by the applicant.
    (iii) Amendment 80 LLP identification. The Amendment 80 LLP license 
number(s) held by the applicant.

[[Page 797]]

    (iv) Amendment 80 QS permit information. The Amendment 80 QS permit 
number(s) held by the applicant.
    (v) Amendment 80 QS ownership documentation. The names of all 
persons, to the individual person level, holding an ownership interest 
in the Amendment 80 QS permit(s) held by the applicant and the 
percentage ownership each person and individual holds in the Amendment 
80 QS permit(s).
    (vi) EDR submission. For 2009 and thereafter, indicate (YES or NO) 
whether the applicant has submitted a timely and complete EDR for each 
Amendment 80 QS permit held by that person as required under Sec. 
679.94.
    (vii) Applicant signature and certification. The applicant must sign 
and date the application certifying that all information is true, 
correct, and complete to the best of his or her knowledge and belief. If 
the application is completed by a designated representative, then 
explicit authorization signed by the applicant must accompany the 
application.
    (c) Allocations of Amendment 80 species--(1) General. Each calendar 
year, the Regional Administrator will determine the tonnage of Amendment 
80 species that will be assigned to the BSAI trawl limited access sector 
and the Amendment 80 sector. For participants in the Amendment 80 
sector, the tonnage of fish will be further assigned between Amendment 
80 cooperatives and the Amendment 80 limited access fishery.
    (2) Calculation--(i) Determination of TAC and ITAC. NMFS will 
determine the TAC and ITAC for each Amendment 80 species in a calendar 
year in the annual harvest specification process in Sec. 679.20.
    (ii) Annual apportionment of ITAC. The annual apportionment of ITAC 
for each Amendment 80 species between the Amendment 80 sector and the 
BSAI trawl limited access sector in a given calendar year is established 
in Tables 33 and 34 to this part.
    (3) Allocation of CQ to Amendment 80 cooperatives--(i) General. The 
amount of ITAC for each Amendment 80 species assigned to an Amendment 80 
cooperative is equal to the amount of Amendment 80 QS units assigned to 
that Amendment 80 cooperative by Amendment 80 QS holders divided by the 
total Amendment 80 QS pool multiplied by the Amendment 80 sector ITAC 
for that Amendment 80 species in that management area. Once ITAC for an 
Amendment 80 species in a management area is assigned to an Amendment 80 
cooperative, it is issued as CQ specific to that Amendment 80 
cooperative.
    (ii) CQ allocation for Amendment 80 species except BSAI Atka 
mackerel. The amount of CQ for each Amendment 80 species except BSAI 
Atka mackerel that is assigned to a Amendment 80 cooperative is 
expressed algebraically as follows:

CQ in a management area = [(Amendment 80 sector ITAC in a management 
    area) x (Amendment 80 QS units assigned to that Amendment 80 
    cooperative/Amendment 80 QS pool)].

    (iii) CQ allocation for BSAI Atka mackerel. The amount of CQ for 
BSAI Atka mackerel that is assigned to each Amendment 80 cooperative in 
each management area is determined by the following procedure:
    (A) Determine the amount of non-mackerel ITAC in each management 
area using the following equation:

Non-mackerel ITAC in a management area = (Amendment 80 non-mackerel QS 
    units designated for that management area/Total Atka mackerel QS 
    pool) x Amendment 80 sector ITAC in all management areas.

    (B) Determine the amount of mackerel ITAC in each management area 
using the following equation:

Mackerel ITAC in a management area = Amendment 80 sector ITAC in that 
    management area - Non-mackerel ITAC in that management area.

    (C) Determine the amount of non-mackerel CQ assigned to the 
Amendment 80 cooperative using the following equation:

Non-mackerel CQ assigned to that Amendment 80 cooperative = (Amendment 
    80 non-mackerel QS units designated for that management area 
    assigned to that Amendment 80 cooperative/Amendment 80 non-mackerel 
    QS pool in that management area) x Non-mackerel ITAC for that 
    management area.


[[Page 798]]


    (D) Determine the amount of mackerel CQ assigned to the Amendment 80 
cooperative using the following equation:

Mackerel CQ in a management area = (Mackerel QS units assigned to that 
    Amendment 80 cooperative/Mackerel QS pool) x Mackerel ITAC in that 
    management area.

    (E) The total amount of Atka mackerel CQ assigned to an Amendment 80 
cooperative for a management area is equal to the sum of paragraphs 
(c)(3)(iii)(C) and (D) of this section.
    (4) Amendment 80 limited access fishery. The amount of ITAC in a 
management area for each Amendment 80 species assigned to the Amendment 
80 limited access fishery is equal to the Amendment 80 sector ITAC 
remaining after subtracting all CQ issued to all Amendment 80 
cooperatives for that Amendment 80 species in that management area.
    (d) Allocations of halibut PSC--(1) Amount of Amendment 80 halibut 
PSC assigned to the Amendment 80 sector. The amount of halibut PSC 
assigned to the Amendment 80 sector for each calendar year is specified 
in Table 35 to this part. That amount of halibut PSC is then assigned to 
Amendment 80 cooperatives and the Amendment 80 limited access fishery.
    (2) Amount of Amendment 80 halibut PSC assigned to an Amendment 80 
cooperative. For each calendar year, the amount of Amendment 80 halibut 
PSC assigned as CQ to an Amendment 80 cooperative is determined by the 
following procedure:
    (i) Multiply the amount of halibut PSC established in Table 35 to 
this part by the percentage of the Amendment 80 halibut PSC apportioned 
to each Amendment 80 species as established in Table 36 to this part. 
This yields the halibut PSC apportionment for that Amendment 80 species.
    (ii) For each Amendment 80 species, divide the amount of Amendment 
80 QS units assigned to an Amendment 80 cooperative by the Amendment 80 
QS pool. This yields the percentage of Amendment 80 QS units held by 
that Amendment 80 cooperative.
    (iii) For each Amendment 80 species, multiply the halibut PSC 
apportionment for that Amendment 80 species established in paragraph 
(d)(2)(i) of this section by the percentage of the Amendment 80 QS pool 
assigned to an Amendment 80 cooperative for that Amendment 80 species 
established in paragraph (d)(2)(ii) of this section. This yields the 
amount of halibut PSC apportioned to that cooperative for that Amendment 
80 species.
    (iv) For each Amendment 80 cooperative, sum the results of paragraph 
(d)(2)(iii) of this section for all Amendment 80 species. This yields 
the amount of Amendment 80 halibut PSC assigned to that Amendment 80 
cooperative as CQ.
    (3) Amount of Amendment 80 halibut PSC assigned to the Amendment 80 
limited access fishery. The amount of Amendment 80 halibut PSC assigned 
to the Amendment 80 limited access fishery is equal to the amount of 
halibut PSC assigned to the Amendment 80 sector specified in Table 35 to 
this part subtracting the amount of Amendment 80 halibut PSC assigned as 
CQ to all Amendment 80 cooperatives as determined in paragraph 
(d)(2)(iv) of this section.
    (4) Use of Amendment 80 halibut PSC in the Amendment 80 sector--(i) 
Amendment 80 halibut PSC assigned to a Amendment 80 cooperative. An 
amount of Amendment 80 halibut PSC is assigned to the CQ permit issued 
to an Amendment 80 cooperative for use while fishing for all groundfish 
species in the BSAI or adjacent waters open by the State of Alaska for 
which it adopts a Federal fishing season. Any halibut PSC used by an 
Amendment 80 cooperative must be deducted from the amount of halibut PSC 
CQ on its CQ permit. Amendment 80 halibut PSC on a CQ permit may only be 
used by the members of the Amendment 80 cooperative to which it is 
assigned. Halibut PSC assigned as CQ is not subject to seasonal 
apportionment under Sec. 679.21.
    (ii) Amendment 80 halibut PSC assigned to the Amendment 80 limited 
access fishery. An amount of Amendment 80 halibut PSC is assigned to the 
Amendment 80 limited access fishery for use by all Amendment 80 vessels 
in the Amendment 80 limited access fishery while fishing for all 
groundfish species in the BSAI or adjacent waters open by

[[Page 799]]

the State of Alaska for which it adopts a Federal fishing season. Any 
halibut PSC used by Amendment 80 vessels assigned to the Amendment 80 
limited access fishery must be deducted from the amount of halibut PSC 
assigned to the Amendment 80 limited access fishery. Amendment 80 
halibut PSC assigned to the Amendment 80 limited access fishery is 
subject to seasonal apportionment under Sec. 679.21.
    (5) Halibut PSC assigned to the BSAI trawl limited access sector. 
Halibut PSC assigned to the BSAI trawl limited access sector for 
groundfish fishing in the BSAI may only be used by the members of the 
BSAI trawl limited access sector unless modified by reallocation to 
Amendment 80 cooperatives according to the procedures in paragraph (f) 
of this section. Halibut PSC assigned to the BSAI trawl limited access 
sector is subject to seasonal apportionment under Sec. 679.21.
    (e) Allocations of crab PSC--(1) Amount of Amendment 80 crab PSC 
assigned to the Amendment 80 sector. The amount of Amendment 80 crab PSC 
assigned to the Amendment 80 sector for each Amendment 80 crab PSC in a 
calendar year is specified in Table 35 to this part. That amount of 
Amendment 80 crab PSC is then assigned to Amendment 80 cooperatives and 
the Amendment 80 limited access fishery.
    (2) Amount of Amendment 80 crab PSC assigned to an Amendment 80 
cooperative. For each calendar year, for each Amendment 80 crab PSC, the 
amount assigned as CQ to an Amendment 80 cooperative is determined by 
the following procedure:
    (i) Multiply the amount of an Amendment 80 crab PSC established in 
Table 35 to this part by the percentage of the Amendment 80 crab PSC 
apportioned to each Amendment 80 species as established in Table 36 to 
this part. This yields the Amendment 80 crab PSC apportionment for that 
Amendment 80 species.
    (ii) For each Amendment 80 species, divide the amount of Amendment 
80 QS units assigned to an Amendment 80 cooperative by the Amendment 80 
QS pool. This yields the percentage of Amendment 80 QS units held by 
that Amendment 80 cooperative.
    (iii) For each Amendment 80 species, multiply the Amendment 80 crab 
PSC apportionment to that Amendment 80 species established in paragraph 
(e)(2)(i) of this section by the percentage of the Amendment 80 QS pool 
held by an Amendment 80 cooperative as established in paragraph 
(e)(2)(ii) of this section. This yields the amount of Amendment 80 crab 
PSC apportioned to that Amendment 80 cooperative for that Amendment 80 
species.
    (iv) For each Amendment 80 crab PSC, sum the results of paragraph 
(e)(2)(iii) for all Amendment 80 species. This yields the amount of that 
Amendment 80 crab PSC assigned to that Amendment 80 cooperative.
    (3) Amount of Amendment 80 crab PSC assigned to the Amendment 80 
limited access fishery. The amount of each Amendment 80 crab PSC 
assigned to the Amendment 80 limited access fishery is equal to the 
amount of that Amendment 80 crab PSC assigned to the Amendment 80 sector 
specified in Table 35 to this part subtracting the amount of that crab 
PSC that has been assigned as CQ to all Amendment 80 cooperatives as 
determined in paragraph (e)(2)(iv) of this section.
    (4) Use of Amendment 80 crab PSC in the Amendment 80 sector--(i) 
Amendment 80 crab PSC assigned to an Amendment 80 cooperative. An amount 
of Amendment 80 crab PSC is assigned to the CQ permit issued to an 
Amendment 80 cooperative for use while fishing for all groundfish 
species in the BSAI or adjacent waters open by the State of Alaska for 
which it adopts a Federal fishing season. Any Amendment 80 crab PSC used 
by an Amendment 80 cooperative must be deducted from the amount of 
Amendment 80 crab PSC CQ on its CQ permit. Amendment 80 crab PSC on a CQ 
permit may only be used by the members of the Amendment 80 cooperative 
to which it is assigned. Amendment 80 crab PSC assigned as CQ is not 
subject to seasonal apportionment under Sec. 679.21.
    (ii) Amendment 80 halibut PSC assigned to the Amendment 80 limited 
access fishery. An amount of Amendment 80 crab PSC is assigned to the 
Amendment 80 limited access fishery for use by all Amendment 80 vessels 
in the Amendment 80 limited access fishery while

[[Page 800]]

fishing for all groundfish species in the BSAI or adjacent waters open 
by the State of Alaska for which it adopts a Federal fishing season. Any 
Amendment 80 crab PSC used by Amendment 80 vessels assigned to the 
Amendment 80 limited access fishery must be deducted from the amount of 
Amendment 80 crab PSC assigned to the Amendment 80 limited access 
fishery. Amendment 80 crab PSC assigned to the Amendment 80 limited 
access fishery is subject to seasonal apportionment under Sec. 679.21.
    (5) Amendment 80 crab PSC assigned to the BSAI trawl limited access 
sector. Amendment 80 crab PSC assigned to the BSAI trawl limited access 
sector for groundfish fishing in the BSAI may only be used by the 
members of the BSAI trawl limited access sector unless modified by 
reallocation to Amendment 80 cooperatives according to the procedures in 
paragraph (f) of this section. Amendment 80 crab PSC assigned to the 
BSAI trawl limited access sector is subject to seasonal apportionment 
under Sec. 679.21.
    (f) Rollover--Annual reallocation of an Amendment 80 species ICA or 
ITAC, crab PSC, and halibut PSC from the BSAI trawl limited access 
sector to Amendment 80 cooperatives--(1) General. The Regional 
Administrator may reallocate a portion of an ICA or ITAC of an Amendment 
80 species, crab PSC, or halibut PSC amount assigned to the BSAI trawl 
limited access sector to Amendment 80 cooperatives if the amount 
assigned to the BSAI trawl limited access sector is projected not to be 
harvested or used. Any reallocation will result in an amended CQ permit 
for each Amendment 80 cooperative. The timing of a reallocation will be 
at the discretion of the Regional Administrator.
    (2) Factors considered. The Regional Administrator may consider the 
following factors when reallocating an ICA, a directed fishing allowance 
of an Amendment 80 species, or crab PSC, or halibut PSC amounts from the 
BSAI trawl limited access sector to Amendment 80 cooperatives:
    (i) The risk of biological harm to a groundfish species or species 
group;
    (ii) The risk of socioeconomic harm to other domestic fishery 
participants;
    (iii) The impact that the allocation might have on the socioeconomic 
well-being of Amendment 80 cooperatives;
    (iv) Current catch and PSC use in the BSAI trawl limited access 
sector;
    (v) Historic catch and PSC use in the BSAI trawl limited access 
sector;
    (vi) Harvest capacity and any stated intent on the future harvesting 
patterns of vessels in the BSAI trawl limited access sector;
    (vii) Administrative requirements to reissue CQ permits; and
    (viii) Any other relevant biological, socioeconomic, or 
administrative factors.
    (3) Rollover of Amendment 80 species. If, during a fishing year, the 
Regional Administrator determines that a reallocation of a portion of 
the ITAC or ICA of an Amendment 80 species assigned to the BSAI trawl 
limited access sector to Amendment 80 cooperatives is appropriate, the 
Regional Administrator will issue a revised CQ permit to reallocate that 
amount of Amendment 80 species to each Amendment 80 cooperative 
according to the following formula:

Amount of additional CQ issued to an Amendment 80 cooperative = Amount 
    of Amendment 80 species available for reallocation to Amendment 80 
    cooperatives x (Amount of CQ for that Amendment 80 species initially 
    assigned to that Amendment 80 cooperative / [Sigma] CQ for that 
    Amendment 80 species initially assigned to all Amendment 80 
    cooperatives).

    (4) Rollover of halibut PSC. If, during a fishing year, the Regional 
Administrator determines that a reallocation of a portion of the halibut 
PSC assigned to the BSAI trawl limited access sector to Amendment 80 
cooperatives is appropriate, the Regional Administrator will issue a 
revised CQ permit to reallocate that amount of halibut PSC to each 
Amendment 80 cooperative according to the following procedure:
    (i) Multiply the amount of the halibut PSC limit to be reallocated 
by 95 percent (0.95). This yields the maximum amount of halibut PSC 
available for allocation to Amendment 80 cooperatives; and

[[Page 801]]

    (ii) Determine the halibut PSC CQ issued to each Amendment 80 
cooperative according to the following formula:

Amount of additional CQ issued to an Amendment 80 cooperative = Maximum 
    amount of halibut PSC available for reallocation to Amendment 80 
    cooperatives x (Amount of halibut PSC CQ initially assigned to that 
    Amendment 80 cooperative / [Sigma] halibut PSC CQ initially assigned 
    to all Amendment 80 cooperatives).

    (5) Rollover of crab PSC. If, during a fishing year, the Regional 
Administrator determines that a reallocation of a portion of a crab PSC 
assigned to the BSAI trawl limited access sector to Amendment 80 
cooperatives is appropriate, the Regional Administrator will issue a 
revised CQ permit to reallocate that amount of crab PSC to each 
Amendment 80 cooperative according to the following formula:

Amount of CQ issued to an Amendment 80 cooperative = Amount of that crab 
    PSC available for allocation to Amendment 80 cooperatives x (Amount 
    of that crab PSC CQ initially assigned to that Amendment 80 
    cooperative / [Sigma] that crab PSC CQ initially assigned to all 
    Amendment 80 cooperatives).

    (g) Application for inter-cooperative transfer of Amendment 80 CQ--
(1) Completed application. NMFS will process an application for inter-
cooperative transfer of Amendment 80 cooperative quota (CQ) provided 
that a paper or electronic application is completed by the transferor 
and transferee, with all applicable fields accurately filled in, and all 
required additional documentation is attached.
    (2) Amendment 80 species CQ assignment. Amendment 80 species CQ must 
be assigned to a member of the Amendment 80 cooperative receiving the CQ 
for purposes of use cap calculations. No member of an Amendment 80 
cooperative may exceed the CQ use cap applicable to that member.
    (3) Total amount of Amendment 80 species CQ. For purposes of 
Amendment 80 species CQ use cap calculations, the total amount of 
Amendment 80 species CQ held or used by a person is equal to all metric 
tons of Amendment 80 species CQ derived from all Amendment 80 QS units 
on all Amendment 80 QS permits held by that person and assigned to the 
Amendment 80 cooperative and all metric tons of Amendment 80 species CQ 
assigned to that person by the Amendment 80 cooperative from approved 
transfers.
    (4) Amendment 80 QS units. The amount of Amendment 80 QS units held 
by a person, and CQ derived from those Amendment 80 QS units, is 
calculated using the individual and collective use cap rule established 
in Sec. 679.92(a).
    (5) Certification of transferor--(i) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (ii) Electronic submittal. The transferor's designated 
representative must log into the system and create a transfer request as 
indicated on the computer screen. By using the transferor's NMFS ID, 
password, and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
    (6) Certification of transferee--(i) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (ii) Electronic submittal. The transferee's designated 
representative must log into the system and accept the transfer request 
as indicated on the computer screen. By using the transferee's NMFS ID, 
password and Transfer Key, the designated representative certifies that 
all information is true, correct, and complete.
    (h) Amendment 80 cooperative--(1) General. This section governs the 
formation and operation of Amendment 80 cooperatives. The regulations in 
this section apply only to Amendment 80 cooperatives that have formed 
for the purpose of applying for and fishing with CQ issued annually by 
NMFS.

[[Page 802]]

Members of Amendment 80 cooperatives should consult legal counsel before 
commencing any activity if the members are uncertain about the legality 
under the antitrust laws of the Amendment 80 cooperative's proposed 
conduct. Membership in an Amendment 80 cooperative is voluntary. No 
person may be required to join an Amendment 80 cooperative. If a person 
becomes the owner of an Amendment 80 vessel or a holder of an Amendment 
80 LLP/QS license that has been assigned to an Amendment 80 cooperative, 
then that person may join that Amendment 80 cooperative as a member upon 
receipt of that Amendment 80 vessel or Amendment 80 LLP/QS license. 
Members may leave an Amendment 80 cooperative, but any CQ contributed by 
the Amendment 80 QS permit(s) held by that member will remain with that 
Amendment 80 cooperative for the duration of the calendar year.
    (2) Legal and organizational requirements. An Amendment 80 
cooperative must meet the following legal and organizational 
requirements before it is eligible to receive CQ:
    (i) Each Amendment 80 cooperative must be formed as a partnership, 
corporation, or other legal business entity that is registered under the 
laws of one of the 50 states or the District of Columbia;
    (ii) Each Amendment 80 cooperative must appoint an individual as the 
designated representative to act on the Amendment 80 cooperative's 
behalf and to serve as a contact point for NMFS for questions regarding 
the operation of the Amendment 80 cooperative. The designated 
representative may be a member of the Amendment 80 cooperative, or some 
other individual designated by the Amendment 80 cooperative to act on 
its behalf;
    (iii) Each Amendment 80 cooperative must submit a timely and 
complete application for CQ; and
    (iv) Each Amendment 80 cooperative must meet the mandatory 
requirements established in paragraphs (h)(3) and (4) of this section 
applicable to that Amendment 80 cooperative.
    (3) Mandatory requirements. The following table describes the 
requirements to form an Amendment 80 cooperative:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
(i) Who may join an Amendment 80         Any Amendment 80 QS holder
 cooperative?.                            named on a timely and complete
                                          application for CQ for that
                                          calendar year that is approved
                                          by NMFS. Individuals who are
                                          not Amendment 80 QS holders
                                          may be employed by, or serve
                                          as the designated
                                          representative of an Amendment
                                          80 cooperative, but are not
                                          members of the Amendment 80
                                          cooperative.
(ii) What is the minimum number of       Any combination of at least
 Amendment 80 QS permits that must be     nine Amendment 80 QS permits
 assigned to an Amendment 80              which would include Amendment
 cooperative to allow it to form?         80 LLP/QS licenses.
(iii) How many Amendment 80 QS holders   At least three Amendment 80 QS
 are required to form an Amendment 80     holders each of whom may not
 cooperative?                             have a ten percent or greater
                                          direct or indirect ownership
                                          interest in any of the other
                                          Amendment 80 QS holders.
(iv) Is there a minimum amount of        No.
 Amendment 80 QS units that must be
 assigned to an Amendment 80
 cooperative for it to be allowed to
 form?
(v) What is allocated to the Amendment   CQ for each Amendment 80
 80 cooperative?                          species, crab PSC, and halibut
                                          PSC, based on the amount of
                                          Amendment 80 QS units assigned
                                          to the cooperative.
(vi) Is this CQ an exclusive catch and   Yes, the members of the
 use privilege?                           Amendment 80 cooperative have
                                          an exclusive privilege to
                                          collectively catch and use
                                          this CQ, or an Amendment 80
                                          cooperative can transfer all
                                          or a portion of this CQ to
                                          another Amendment 80
                                          cooperative.
(vii) Is there a period in a calendar    Yes, any Amendment 80 vessel
 year during which designated vessels     designated to catch CQ for an
 must catch CQ?                           Amendment 80 cooperative is
                                          prohibited from catching CQ
                                          during the season closure for
                                          trawl gear in the BSAI
                                          specified at Sec. 679.23(c)
                                          unless regulations at Sec.
                                          679.23 applicable to an
                                          Amendment 80 species in the
                                          BSAI are more restrictive than
                                          those established in Sec.
                                          679.23(c), in which case the
                                          more restrictive regulations
                                          will apply.
(viii) Can any vessel catch an           No, only Amendment 80 vessels
 Amendment 80 cooperative's CQ?.          that are assigned to that
                                          Amendment 80 cooperative for
                                          that calendar year in the
                                          application for CQ may catch
                                          and process the CQ assigned to
                                          that Amendment 80 cooperative.

[[Page 803]]

 
(ix) Can a member of an Amendment 80     No, only the designated
 cooperative transfer CQ individually     representative of the
 without the approval of the other        Amendment 80 cooperative, and
 members of the Amendment 80              not individual members, may
 cooperative?                             transfer its CQ to another
                                          Amendment 80 cooperative; and
                                          only if that transfer is
                                          approved by NMFS as
                                          established under paragraph
                                          (g) of this section.
(x) Are GOA sideboard limits assigned    No, GOA sideboard limits are
 to specific persons or Amendment 80      not assigned to specific
 cooperatives?                            persons or Amendment 80
                                          cooperatives. GOA sideboard
                                          limits are assigned to the
                                          Amendment 80 sector.
(xi) Can an Amendment 80 QS permit,      No, an Amendment 80 QS permit,
 Amendment 80 LLP license, or Amendment   Amendment 80 LLP license, or
 80 vessel be assigned to more than one   Amendment 80 vessel may be
 Amendment 80 cooperative in a calendar   assigned to only one Amendment
 year?                                    80 cooperative in a calendar
                                          year. A person holding
                                          multiple Amendment 80 QS
                                          permits, Amendment 80 LLP
                                          licenses, or owning multiple
                                          Amendment 80 vessels is not
                                          required to assign all
                                          Amendment 80 QS permits,
                                          Amendment 80 LLP licenses, or
                                          Amendment 80 vessels to the
                                          same Amendment 80 cooperative
                                          or the Amendment 80 limited
                                          access fishery.
(xii) Can an Amendment 80 QS permit,     No, an Amendment 80 QS permit,
 Amendment 80 LLP license, or Amendment   Amendment 80 LLP license, or
 80 vessel be assigned to an Amendment    Amendment 80 vessel assigned
 80 cooperative and the Amendment 80      to an Amendment 80 cooperative
 limited access fishery?                  may not be assigned to the
                                          Amendment 80 limited access
                                          fishery for that calendar
                                          year. A person holding
                                          multiple Amendment 80 QS
                                          permits, Amendment 80 LLP
                                          licenses, or owning multiple
                                          Amendment 80 vessels is not
                                          required to assign all
                                          Amendment 80 QS permits,
                                          Amendment 80 LLP licenses, or
                                          Amendment 80 vessels to the
                                          same Amendment 80 cooperative
                                          or the Amendment 80 limited
                                          access fishery.
(xiii) Which members may catch the       Use of a cooperative's CQ
 Amendment 80 cooperative's CQ?           permit is determined by the
                                          Amendment 80 cooperative
                                          contract signed by its
                                          members. Any violations of
                                          this contract by a cooperative
                                          member may be subject to civil
                                          claims by other members of the
                                          Amendment 80 cooperative.
(xiv) Does an Amendment 80 cooperative   Yes, an Amendment 80
 need a membership agreement or           cooperative must have a
 contract?                                membership agreement or
                                          contract that specifies how
                                          the Amendment 80 cooperative
                                          intends to catch its CQ. A
                                          copy of this agreement or
                                          contract must be submitted to
                                          NMFS with the application for
                                          CQ.
(xv) What happens if the Amendment 80    A copy of the amended Amendment
 cooperative membership agreement or      80 membership agreement or
 contract is modified during the          contract must be sent to NMFS
 fishing year?                            in accordance with Sec.
                                          679.4(a)(4).
(xvi) What happens if the Amendment 80   An Amendment 80 cooperative is
 cooperative exceeds its CQ amount?       not authorized to catch
                                          Amendment 80 species or use
                                          crab PSC or halibut PSC in
                                          excess of the amount on its CQ
                                          permit. Exceeding a CQ permit
                                          is a violation of the
                                          regulations. Each member of
                                          the Amendment 80 cooperative
                                          is jointly and severally
                                          liable for any violations of
                                          the Amendment 80 Program
                                          regulations while fishing
                                          under the authority of a CQ
                                          permit. This liability extends
                                          to any persons who are hired
                                          to catch or receive CQ
                                          assigned to an Amendment 80
                                          cooperative. Each member of an
                                          Amendment 80 cooperative is
                                          responsible for ensuring that
                                          all members of the cooperative
                                          comply with all regulations
                                          applicable to fishing under
                                          the Amendment 80 Program.
(xvii) Is there a limit on how much CQ   No, but each Amendment 80 QS
 an Amendment 80 cooperative may hold     holder is subject to use caps,
 or use?                                  and an Amendment 80 vessel may
                                          be subject to vessel use caps.
                                          See Sec. 679.92(a).
(xviii) Is there a limit on how much CQ  Yes, an Amendment 80 vessel may
 a vessel may catch?.                     not catch more than 20 percent
                                          of the aggregate Amendment 80
                                          species ITAC assigned to the
                                          Amendment 80 sector for that
                                          calendar year. See Sec.
                                          679.92(a) for use cap
                                          provisions.
(xix) Are there any special reporting    Yes, the designated
 requirements?.                           representative of the
                                          Amendment 80 cooperative must
                                          submit an annual Amendment 80
                                          cooperative report as
                                          described under Sec.
                                          679.5(s). In addition, each
                                          member of an Amendment 80
                                          cooperative must submit a
                                          timely and complete EDR as
                                          described under Sec. 679.94.
------------------------------------------------------------------------

    (4) Successors-in-interest. If a member of an Amendment 80 
cooperative dies (in the case of an individual) or dissolves (in the 
case of a business entity), the CQ derived from the Amendment 80 QS 
permits assigned to the Amendment 80 cooperative for that year from that 
person remains under the control of the Amendment 80 cooperative for the 
duration of that calendar year as specified in the Amendment 80 
cooperative

[[Page 804]]

contract. Each Amendment 80 cooperative is free to establish its own 
internal procedures for admitting a successor-in-interest during the 
fishing season due to the death or dissolution of an Amendment 80 
cooperative member.

[72 FR 52726, Sept. 14, 2007, as amended at 74 FR 51518, Oct. 7, 2009]



Sec. 679.92  Amendment 80 Program use caps and sideboard limits.

    (a) Use caps--(1) General. Use caps limit the amount of Amendment 80 
QS units and Amendment 80 species CQ that may be held or used by an 
Amendment 80 QS holder or Amendment 80 vessel. Use caps may not be 
exceeded unless the Amendment 80 QS holder or Amendment 80 vessel 
subject to the use cap is specifically allowed to exceed a cap according 
to the criteria established under this paragraph (a) or by an operation 
of law. There are two types of use caps: Person use caps and vessel use 
caps. All Amendment 80 QS unit use caps are based on the aggregate 
Amendment 80 species Amendment 80 initial QS pool set forth in Table 32 
to this part. The use caps apply as follows:
    (2) Amendment 80 QS holder use cap--(i) QS and CQ use cap. A person 
may not individually or collectively hold or use more than thirty (30.0) 
percent of the aggregate Amendment 80 QS units initially assigned to the 
Amendment 80 sector and resulting CQ unless that person receives those 
Amendment 80 QS units on an Amendment 80 permit(s) based on Amendment 80 
legal landings assigned to Amendment 80 vessel(s) or Amendment 80 LLP 
license(s) held by that Amendment 80 QS holder:
    (A) Prior to June 9, 2006; and
    (B) At the time of application for Amendment 80 QS.
    (ii) CQ use cap calculation. For purposes of calculating and 
applying the CQ use cap, a person is assigned CQ based on:
    (A) The amount of CQ derived from the Amendment 80 QS units held by 
that person; and
    (B) Any CQ assigned to that person in an Application for CQ 
transfer.
    (iii) Transfer limitations. (A) An Amendment 80 QS holder that 
receives an initial allocation of aggregate Amendment 80 QS units that 
exceeds the use cap listed in paragraph (a)(2)(i) of this section cannot 
receive any Amendment 80 QS permit by transfer unless and until that 
person's holdings of aggregate Amendment 80 QS units are reduced to an 
amount below the use cap specified in paragraph (a)(2)(i) of this 
section.
    (B) If an Amendment 80 QS holder that received an initial allocation 
of aggregate Amendment 80 QS units on his or her Amendment 80 QS permits 
that exceeds the use cap listed in paragraph (a)(2)(i) of this section 
transfers an Amendment 80 QS permit to another person, the transferor 
may not hold more than the greater of either the amount of Amendment 80 
QS units held by the transferor after the transfer if the amount of 
aggregate Amendment 80 QS units continues to exceed the use cap, or the 
amount equal to the Amendment 80 QS unit use cap established in 
paragraph (a)(2)(i) of this section.
    (C) An Amendment 80 QS holder that receives an initial allocation of 
aggregate Amendment 80 QS units on his or her Amendment 80 QS permits 
that exceeds the use cap listed in paragraph (a)(2)(i) of this section 
is prohibited from having any CQ assigned to that Amendment 80 QS holder 
in an application for CQ transfer unless and until that Amendment 80 QS 
holder's holdings of aggregate Amendment 80 QS units are reduced to an 
amount below the use cap specified in paragraph (a)(2)(i) of this 
section.
    (3) ITAC use cap for an Amendment 80 vessel. An Amendment 80 vessel 
may not be used to catch an amount of Amendment 80 species greater than 
twenty (20.0) percent of the aggregate Amendment 80 species ITACs 
assigned to the Amendment 80 sector. This amount includes ITAC that is 
assigned as CQ or to the Amendment 80 limited access fishery.
    (b) GOA sideboard limits--(1) GOA groundfish sideboard limits. 
Amendment 80 vessels may not be used to catch more than the amounts of 
groundfish in the management areas specified in Table 37 to this part 
from January 1 through December 31 of each year, except that GOA 
groundfish sideboard limits specified in Table 37 to this part

[[Page 805]]

do not apply when an Amendment 80 vessel is using dredge gear while 
directed fishing for scallops in the GOA.
    (2) GOA halibut PSC sideboard limits. All Amendment 80 vessels, 
other than the fishing vessel GOLDEN FLEECE as specified in paragraph 
(d) of this section, may not use halibut PSC in the fishery complexes, 
management areas, and seasons greater than the amounts specified in 
Table 38 to this part during January 1 through December 31 of each year; 
except that:
    (i) An Amendment 80 vessel that uses halibut PSC CQ in the Central 
GOA subject to the regulations established in the Rockfish Program under 
subpart G to this part is not subject to the halibut PSC sideboard 
limits in Table 38 to this part while fishing under a Rockfish CQ 
permit; and
    (ii) Halibut PSC sideboard limits in Table 38 to this part do not 
apply when an Amendment 80 vessel is using dredge gear while directed 
fishing for scallops in the GOA.
    (c) Sideboard restrictions applicable to Amendment 80 vessels 
directed fishing for flatfish in the GOA. Only an Amendment 80 vessel 
listed in column A of Table 39 to this part may be used to fish in the 
directed arrowtooth flounder, deep-water flatfish, flathead sole, rex 
sole, and shallow-water flatfish fisheries in the GOA and in adjacent 
waters open by the State of Alaska for which it adopts a Federal fishing 
season.
    (d) Sideboard restrictions applicable to the fishing vessel GOLDEN 
FLEECE. (1) The fishing vessel GOLDEN FLEECE (USCG documentation number 
609951):
    (i) May not be used for directed groundfish fishing for northern 
rockfish, pelagic shelf rockfish, pollock, Pacific cod, or Pacific ocean 
perch in the GOA and in adjacent waters open by the State of Alaska for 
which it adopts a Federal fishing season; and
    (ii) Is not subject to halibut PSC sideboard limits as described in 
paragraph (b)(2) of this section in the GOA or adjacent waters open by 
the State of Alaska for which it adopts a Federal fishing season.



Sec. 679.93  Amendment 80 Program recordkeeping, permits, monitoring,
and catch accounting.

    (a) Recordkeeping and reporting. See Sec. 679.5(s).
    (b) Permits. See Sec. 679.4(o).
    (c) Catch monitoring requirements for Amendment 80 vessels and 
catcher/processors not listed in Sec. 679.4(l)(2)(i) using trawl gear 
and fishing in the BSAI. The requirements under paragraphs (c)(1) 
through (9) of this section apply to all Amendment 80 vessels except 
Amendment 80 vessels using dredge gear while directed fishing for 
scallops, and any other catcher/processor not listed in Sec. 
679.4(l)(2)(i) using trawl gear and fishing or receiving fish in the 
BSAI and in adjacent waters open by the State of Alaska for which it 
adopts a Federal fishing season. Except when using dredge gear while 
directed fishing for scallops, at all times when an Amendment 80 vessel 
or a catcher/processor not listed in Sec. 679.4(l)(2)(i) using trawl 
gear has BSAI groundfish onboard the vessel, the vessel owner or 
operator must ensure that:
    (1) Catch weighing. All groundfish are weighed on a NMFS-approved 
scale in compliance with the scale requirements at Sec. 679.28(b). Each 
haul must be weighed separately and all catch must be made available for 
sampling by a NMFS-certified observer.
    (2) Observer sampling station. An observer sampling station meeting 
the requirements at Sec. 679.28(d) is available at all times.
    (3) Observer coverage requirements. The vessel is in compliance with 
the observer coverage requirements described at Sec. 679.50(c)(6).
    (4) Operational line. The vessel has no more than one operational 
line or other conveyance for the mechanized movement of catch between 
the scale used to weigh total catch and the location where the observer 
collects species composition samples.
    (5) Fish on deck. No fish are allowed to remain on deck unless an 
observer is present, except for fish inside the codend and fish 
accidentally spilled from the codend during hauling and dumping. Fish 
accidentally spilled from the codend must be moved to the fish bin.

[[Page 806]]

    (6) Sample storage. There is sufficient space to accommodate a 
minimum of 10 observer sampling baskets. This space must be within or 
adjacent to the observer sample station.
    (7) Pre-cruise meeting. The Observer Program Office is notified by 
phone at 1-907-271-1702 at least 24 hours prior to departure when the 
vessel will be carrying an observer who has not previously been deployed 
on that vessel within the last 12 months. Subsequent to the vessel's 
departure notification, but prior to departure, NMFS may contact the 
vessel to arrange for a pre-cruise meeting. The pre-cruise meeting must 
minimally include the vessel operator or manager, and any observers 
assigned to the vessel.
    (8) Belt and flow operations. The vessel operator stops the flow of 
fish and clears all belts between the bin doors and the area where the 
observer collects samples of unsorted catch when requested to do so by 
the observer.
    (9) Vessel crew in tanks or bins. The vessel owner or operator must 
comply with the bin monitoring standards specified in Sec. 
679.28(i)(1).
    (d) Catch monitoring requirements for Amendment 80 vessels fishing 
in the GOA. The requirements under this section apply to any Amendment 
80 vessel fishing in the GOA and in adjacent waters open by the State of 
Alaska for which it adopts a Federal fishing season except Amendment 80 
vessels using dredge gear while directed fishing for scallops. At all 
times when an Amendment 80 vessel is not using dredge gear while 
directed fishing for scallops and has GOA groundfish onboard the vessel 
owner or operator must ensure that:
    (1) Catch from an individual haul is not mixed with catch from 
another haul prior to sampling by a NMFS-certified observer, and all 
catch is made available for sampling by a NMFS-certified observer;
    (2) The vessel is in compliance with the observer coverage 
requirements described at Sec. 679.50(c)(6)(ii);
    (3) Operational Line. The vessel has no more than one operational 
line or other conveyance for the mechanized movement of catch at the 
location where the observer collects species composition samples; and
    (4) The requirements in Sec. 679.93(c)(5), (8), and (9) are met.
    (e) Catch accounting--(1) Amendment 80 species--(i) Amendment 80 
cooperative. All Amendment 80 species caught in the BSAI, including 
catch in adjacent waters open by the State of Alaska for which it adopts 
a Federal fishing season, by an Amendment 80 vessel assigned to an 
Amendment 80 cooperative will be debited from the CQ permit for that 
Amendment 80 cooperative for that calendar year unless that Amendment 80 
vessel is using dredge gear while directed fishing for scallops.
    (ii) Amendment 80 limited access fishery. All Amendment 80 species 
caught in the BSAI, including catch in adjacent waters open by the State 
of Alaska for which it adopts a Federal fishing season, by an Amendment 
80 vessel assigned to the Amendment 80 limited access fishery will be 
debited against the ITAC for that Amendment 80 species in the Amendment 
80 limited access fishery for that calendar year unless that Amendment 
80 vessel is using dredge gear while directed fishing for scallops.
    (2) Crab PSC and halibut PSC--(i) Amendment 80 cooperative. All crab 
PSC or halibut PSC used by an Amendment 80 vessel assigned to an 
Amendment 80 cooperative in the BSAI, including crab PSC or halibut PSC 
used in the adjacent waters open by the State of Alaska for which it 
adopts a Federal fishing season, will be debited against the CQ permit 
for that Amendment 80 cooperative for that calendar year unless that 
Amendment 80 vessel is using dredge gear while directed fishing for 
scallops.
    (ii) Amendment 80 limited access fishery. All crab PSC or halibut 
PSC used by an Amendment 80 vessel assigned to the Amendment 80 limited 
access fishery in the BSAI, including crab PSC or halibut PSC used in 
the adjacent waters open by the State of Alaska for which it adopts a 
Federal fishing season, will be debited against the crab PSC or halibut 
PSC limit assigned to the Amendment 80 limited access fishery for that 
calendar year, unless that Amendment 80 vessels is using dredge gear 
while directed fishing for scallops.
    (3) GOA groundfish sideboard limits. All Amendment 80 sideboard 
species defined in Table 37 to this part caught

[[Page 807]]

in the GOA, including catch in adjacent waters open by the State of 
Alaska for which it adopts a Federal fishing season, by an Amendment 80 
vessel will be debited against the Amendment 80 sideboard limit for that 
Amendment 80 sideboard species for that calendar year except Amendment 
80 sideboard species caught by Amendment 80 vessel using dredge gear 
while directed fishing for scallops.
    (4) GOA halibut sideboard limits. All halibut PSC used by all 
Amendment 80 vessels in the GOA, including halibut PSC used in the 
adjacent waters open by the State of Alaska for which it adopts a 
Federal fishing season, will be debited against the sideboard limit 
established for the Amendment 80 sector, except:
    (i) Halibut PSC CQ used by the catcher/processor sector in the 
Rockfish Program in the Central GOA;
    (ii) Halibut PSC used by the fishing vessel GOLDEN FLEECE (USCG 
Documentation number 609951); and
    (iii) Halibut PSC used by an Amendment 80 vessel using dredge gear 
while directed fishing for scallops.

[72 FR 52726, Sept. 14, 2007, as amended at 75 FR 53069, Aug. 30, 2010]



Sec. 679.94  Economic data report (EDR) for the Amendment 80 sector.

    (a) Amendment 80 EDR--(1) Requirement to submit an EDR. Each year 
except 2008, a person who held an Amendment 80 QS permit during a 
calendar year must submit to NMFS an EDR for that calendar year for each 
Amendment 80 QS permit held by that person. An EDR must be timely and 
complete.
    (2) Submission of EDR. An EDR may only be submitted to NMFS using 
any one of the following methods:
    (i) Mail: NMFS, Alaska Fisheries Science Center, Economic Data 
Reports, 7600 Sand Point Way NE, F/AKC2, Seattle, WA 98115; or
    (ii) Fax: 206-526-6723
    (3) EDR forms. EDR forms are available through the Internet on the 
NMFS Alaska Region Web site at http://www.fakr.noaa.gov, or by 
contacting NMFS at 206-526-6414.
    (4) Deadline. For each calendar year except 2008, a completed EDR 
must be received by NMFS no later than 1700 hours A.l.t. on June 1 of 
the year following the calendar year during which the Amendment 80 QS 
permit was held, or if sent by U.S. mail, postmarked by that date.
    (5) Contents of EDR. An EDR must contain completed submissions for 
each data field required under paragraphs (b) and (c) of this section, 
as applicable, and the following information:
    (i) Calendar year of EDR. Calendar year for which the EDR is being 
submitted;
    (ii) Amendment 80 QS holder information. Name of company, 
partnership, other business entity, business telephone number, business 
fax number, e-mail address (if available) and Amendment 80 QS permits 
held;
    (iii) Designated representative. An Amendment 80 QS holder must 
appoint an individual to be his designated representative and must 
ensure that the designated representative complies with the regulations 
in this section. The designated representative is the primary contact 
person for NMFS on issues relating to data required in the EDR. If an 
individual Amendment 80 QS holder chooses to complete the EDR, then they 
are the designated representative;
    (iv) Person completing this report. (A) Indicate whether the person 
completing this report is the Amendment 80 QS holder, or the designated 
representative for the Amendment 80 QS holder;
    (B) Record the name of the person completing the report, title, 
business telephone number, fax number, signature of the person 
submitting the EDR, and e-mail address (if available). If a designated 
representative is not the Amendment 80 QS holder, written authorization 
to act on behalf of the Amendment 80 QS holder must accompany the EDR;
    (v) Amendment 80 QS holders who own Amendment 80 vessels. An 
Amendment 80 QS holder who is an Amendment 80 vessel owner must submit, 
or have his designated representative submit, revenue and cost 
information for each Amendment 80 QS permit held and each Amendment 80 
vessel owned by that Amendment 80 QS holder as described under 
paragraphs (b) and (c) of this section;

[[Page 808]]

    (vi) Amendment 80 QS holders who do not own Amendment 80 vessels. An 
Amendment 80 QS holder who is not an Amendment 80 vessel owner must 
submit, or have his designated representative submit, revenue and cost 
information for each Amendment 80 QS permit held by that Amendment 80 QS 
holder as described under paragraph (c) of this section; and
    (vii) Certification. The Amendment 80 QS holder and his designated 
representative, if applicable, must certify that all information 
provided under paragraphs (b) and (c) of this section is accurate and 
complete.
    (b) Amendment 80 vessel information--(1) Ownership of an Amendment 
80 vessel. If a person owned any part of an Amendment 80 vessel during a 
calendar year, that person must provide the following information for 
each Amendment 80 vessel owned:
    (i) Amendment 80 vessel owner information. Vessel name, USCG 
Documentation number, ADF&G vessel registration number, ADF&G processor 
code, Amendment 80 LLP license number(s) which designated that vessel 
during that calendar year, Amendment 80 QS permit assigned to that 
vessel during that calendar year, Amendment 80 limited access fishery 
permit number assigned to that vessel during that calendar year, or name 
of Amendment 80 cooperative to which that Amendment 80 vessel was 
assigned during that calendar year (if applicable);
    (ii) Amendment 80 vessel operator information. If a person other 
than the Amendment 80 QS holder operated an Amendment 80 vessel owned by 
that Amendment 80 QS holder during a calendar year, provide the 
following: Name of company, partnership, other business entity, and 
business telephone number, business fax number, and e-mail address (if 
available);
    (2) Vessel characteristics. (i) Home port, U.S. gross registered 
tonnage, net tonnage, length overall, beam, shaft horsepower, fuel 
capacity, year built;
    (ii) Vessel survey value: most recent survey value, date of last 
survey value, did survey reflect value of permits and processing 
equipment;
    (iii) Freezing capacity: maximum freezing capacity of this vessel in 
pounds per hour and freezer space (measured in pounds of product);
    (iv) Fuel consumption: total consumption for the calendar year and 
average fuel consumed per hour from fishing and processing, transiting, 
and in shipyard.
    (v) Vessel activity during calendar year: number of days the vessel 
was engaged in fishing, processing, steaming empty, offloading, and 
inactive or in shipyard. Report separately for Amendment 80 fisheries 
and all other fisheries; and
    (vi) Processing capacity: Record each type of product processed on 
the line in the Amendment 80 fishery, the number of processing lines of 
similar type (equipment and/or product mix), and the vessel's maximum 
average throughput in pounds (round weight) per hour under normal 
operating conditions (assuming quantity of raw fish and other inputs is 
not limiting), totaled over all processing lines of this type.
    (3) Calendar year revenues.
    (i) Total fishery product sales volume and FOB Alaska revenue; and
    (ii) All other income derived from vessel operations: tendering, 
charters, cargo transport, etc.
    (4) Calendar year costs. (i) Fishing labor expenses (including 
bonuses and payroll taxes, but excluding benefits and insurance);
    (ii) Processing labor expenses (including bonuses and payroll taxes, 
but excluding benefits and insurance);
    (iii) Labor expenses for all other employees aboard the vessel;
    (iv) Food and provisions not paid by crew;
    (v) Recruitment, travel, benefits, and other employee related costs;
    (vi) Lease expense for this vessel and onboard equipment;
    (vii) Purchases of fishing gear (nets, net electronics, doors, 
cables, etc.);
    (viii) Expenditures on processing equipment;
    (ix) Product storage equipment;
    (x) Expenditures on vessel and onboard equipment (other than 
fishing, processing, or storage equipment);
    (xi) Fishing gear leases;
    (xii) Repair and maintenance expenses for vessel and processing 
equipment;

[[Page 809]]

    (xiii) Freight storage and other sales costs;
    (xiv) Product packaging materials;
    (xv) Fuel and lubrication;
    (xvi) Observer fees and monitoring costs;
    (xvii) General administrative costs;
    (xviii) Insurance;
    (xix) Fisheries landing taxes;
    (xx) Total raw fish purchases; and
    (xxi) All other costs related to vessel operations not included in 
the preceding list.
    (5) Calendar year labor. Average number and total number of 
employees for fishing, processing, and other activities on this vessel.
    (i) Average number of hours worked per day by processing line 
employee; and
    (ii) Crew revenue share system used for some processing, all 
processing, some non-processing, and all non-processing crew.
    (c) Permit revenues or expenditures. An Amendment 80 QS holder or 
his designated representative will record revenues and expenditures for 
any tradable fishing or processing privilege. Attribute those revenues 
or costs to a specific Amendment 80 vessel or Amendment 80 LLP as 
applicable.
    (1) Permit revenues. (i) Income from sale or lease of fishery 
licenses, permits, harvesting or processing rights: record license or 
permit number and revenue for each asset sold; and
    (ii) Royalties received from leasing allocations including metric 
tons and dollars for Amendment 80 yellowfin sole, rock sole, flathead 
sole, Atka mackerel, Pacific ocean perch, Pacific cod, Amendment 80 
leased halibut PSC, leased crab PSC, and any other species leased.
    (2) Permit expenditures. (i) Fishery licenses, permits, harvesting 
or processing rights: record license or permit number and cost for each 
asset purchased;
    (ii) Royalties paid for leases of catcher/processing quota, 
including metric tons, and dollars for Amendment 80 yellowfin sole, rock 
sole, flathead sole, Atka mackerel, Pacific ocean perch, Pacific cod, 
Amendment 80 leased halibut PSC, leased king crab PSC, and any other 
species leased;
    (iii) Cooperative costs including lawyer and accountant costs, 
association fees, and other fees charged by harvest cooperative; and
    (iv) Any other costs incurred from the use of fishery licenses, 
permits, harvesting or processing rights not included in the preceding 
list.
    (d) EDR audit procedures. (1) NMFS will conduct verification of 
information with the Amendment 80 QS holder or designated 
representative, if applicable.
    (2) The Amendment 80 QS holder or designated representative, if 
applicable, must respond to inquiries by NMFS within 20 days of the date 
of issuance of the inquiry.
    (3) The Amendment 80 QS holder or designated representative, if 
applicable, must provide copies of additional data to facilitate 
verification by NMFS. The NMFS auditor may review and request copies of 
additional data provided by the Amendment 80 QS holder or designated 
representative, including but not limited to, previously audited or 
reviewed financial statements, worksheets, tax returns, invoices, 
receipts, and other original documents substantiating the data 
submitted.



Sec. 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

[[Page 810]]

    2.3.1.7 Rate of Flow Indicator
    2.3.1.8 Printed Information
    2.3.1.9 Permanence of Markings
    2.3.1.10 Power Loss
    2.3.1.11 Adjustable Components
    2.3.1.12 Audit Trail
    2.3.1.13 Adjustments to Scale Weights
    2.3.2 Weighing Elements
    2.3.2.1 Speed Measurement
    2.3.2.2 Conveyer Belt
    2.3.2.3 Overload Protection
    2.3.2.4 Speed Control
    2.3.2.5 Adjustable Components
    2.3.2.6 Motion Compensation
    2.3.3 Installation Conditions
    2.3.4 Marking
    2.3.4.1 Presentation
    2.4 Tests
    2.4.1 Minimum Test Load
    2.4.2 Laboratory Tests
    2.4.2.1 Influence Quantity and Disturbance Tests
    2.4.2.2 Zero-Load Tests
    2.4.2.3 Material Tests
    2.4.3 Annual Scale Inspections
    2.4.3.1 Zero-Load Tests
    2.4.3.2 Material Tests
3. Automatic Hopper Scales
    3.1 Applicability
    3.2 Performance Requirements
    3.2.1 Maximum Permissible Errors
    3.2.1.1 Laboratory Tests
    3.2.1.2 Increasing and Decreasing Load Tests
    3.2.2 Minimum Weighment ([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 of 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

[[Page 811]]

                             1. Introduction

    (a) This appendix to part 679 contains the performance and technical 
requirements for scales to be approved by NMFS for use to weigh, at sea, 
catch from the groundfish fisheries off Alaska. The performance and 
technical requirements in this document have not been reviewed or 
endorsed by the National Conference on Weights and Measures. Regulations 
implementing the requirements of this appendix and additional 
requirements for and with respect to scales used to weigh catch at sea 
are found at 50 CFR 679.28(b).
    (b) Revisions, amendments, or additions to this appendix may be made 
after notice and opportunity for public comments. Send requests for 
revisions, amendments, or additions to the Sustainable Fisheries 
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802.
    (c) Types of Scales Covered by Appendix--This appendix contains 
performance and technical requirements for belt, automatic hopper, 
platform, and hanging scales.
    (d) Testing and Approval of Scales Used to Weigh Catch at Sea--
Scales used to weigh catch at sea are required to comply with four 
categories of performance and technical requirements: (1) Type 
evaluation; (2) initial inspection after installation while the vessel 
is tied up at a dock and is not under power at sea; (3) annual 
reinspection while the vessel is tied up at a dock and is not under 
power at sea; and (4) daily at-sea tests of the scale's accuracy. This 
appendix contains only the performance and technical requirements for 
type evaluation and initial and annual reinspections by an authorized 
scale inspector.

                             2. Belt Scales

    2.1 Applicability. The requirements in this section apply to a scale 
or scale system that employs a conveyor belt in contact with a weighing 
element to determine the weight of a bulk commodity being conveyed 
across the scale.
    2.2 Performance Requirements--2.2.1 Maximum Permissible Errors. For 
laboratory tests of a scale and initial inspections and annual 
reinspections of an installed scale when the vessel is tied up at a dock 
and is not under power at sea, the following maximum permissible errors 
(MPEs) are specified:
    2.2.1.1 Laboratory Tests. See annex A to this appendix A for 
procedures for disturbance tests and influence factors.
    a. Disturbances. 0.18 percent of the weight of 
the load totalized.
    b. Influence Factors. 0.25 percent of the 
weight of the load totalized.
    c. Temperature Effect at Zero Flow Rate. The difference between the 
values obtained at zero flow rate taken at temperatures that differ by 
10 [deg]C 0.2 [deg]C must not be greater than 
0.035 percent of the weight of the load totalized at the maximum flow-
rate for the time of the test.
    2.2.1.2 Zero Load Tests. For zero load tests conducted in a 
laboratory or on a scale installed on a vessel and conducted when the 
vessel is tied up at a dock and not under power at sea, 0.1 percent of the value of the minimum totalized load 
or 1 scale division (d), whichever is greater.
    2.2.1.3 Material Tests. For material tests conducted in a laboratory 
or on a scale installed on a vessel and conducted when the vessel is 
tied up at a dock and not under power at sea, 1.0 
percent of the known weight of the test material.
    2.2.2 Minimum Flow Rate (Qmin). The minimum flow rate must be 
specified by the manufacturer and must not be greater than 35 percent of 
the rated capacity of the scale in kilograms per hour (kg/hr) or metric 
tons per hour (mt/hr).
    2.2.3 Minimum Totalized Load ([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

[[Page 812]]

printed representations but not so positioned as to interfere with the 
accuracy of reading.
    2.3.1.3 Units. The weight of each haul or set must be indicated in 
kilograms, and the cumulative weight must be indicated in either 
kilograms or metric tons and decimal subdivisions.
    2.3.1.4 Value of the Scale Division. The value of the scale division 
(d) expressed in a unit of weight must be equal to 1, 2, or 5, or a 
decimal multiple or sub-multiple of 1, 2, or 5.
    2.3.1.5 Range of Indication. The range of the weight indications and 
printed values for each haul or set must be from 0 kg to 999,999 kg and 
for the cumulative weight must be from 0 to 99,999 metric tons.
    2.3.1.6 Resettable and Non-resettable Values. The means to indicate 
the weight of fish in each haul or set must be resettable to zero. The 
means to indicate the cumulative weight must not be resettable to zero 
without breaking a security means and must be reset only upon direction 
of NMFS or an authorized scale inspector.
    2.3.1.7 Rate of Flow Indicator. Permanent means must be provided to 
produce an audio or visual signal when the rate of flow is less than the 
minimum flow rate or greater than 98 percent of the maximum flow rate.
    2.3.1.8 Printed Information. The information printed must include--
    a. For catch weight:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The haul or set number;
    iv. The 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;

[[Page 813]]

    d. Maximum flow rate (Qmax);
    e. Minimum flow rate (Qmin);
    f. Minimum totalized load ([Sigma]min);
    g. Value of a scale division (d);
    h. Belt speed;
    i. Weigh length;
    j. Maximum capacity (Max);
    k. Temperature range (if applicable); and
    l. Mains voltage.
    2.3.4.1 Presentation. The markings must be reasonably permanent and 
of such size, shape, and clarity to provide easy reading in normal 
conditions of use. They must be grouped together in a place visible to 
the operator.
    2.4 Tests.
    2.4.1 Minimum Test Load. The minimum test load must be the greater 
of--
    a. 2 percent of the load totalized in 1 hour at the maximum flow 
rate;
    b. The load obtained at maximum flow rate in one revolution of the 
belt; or
    c. A load equal to 800 scale divisions.
    2.4.2 Laboratory Tests.
    2.4.2.1 Influence Quantity and Disturbance Tests. Tests must be 
conducted according to annex A and the results of these tests must be 
within the values specified in section 2.2.1.1.
    2.4.2.2 Zero-Load Tests. A zero-load test must be conducted for a 
time equal to that required to deliver the minimum totalized load 
(``min). At least two zero-load tests must be conducted prior to a 
material test. The results of these tests must be within the values 
specified in section 2.2.1.2.
    2.4.2.3 Material Tests. At least one material test must be conducted 
with the weight of the material or simulated material equal to or 
greater than the minimum test load. The results of these tests must be 
within the values specified in section 2.2.1.3.
    2.4.3 Annual Inspections.
    2.4.3.1 Zero-Load Tests. A zero-load test must be conducted for a 
time equal to that required to deliver the minimum totalized load 
([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) (scale 
division).
    b. Influence Factors. 1 percent of test load.
    3.2.1.2 Increasing and Decreasing Load Tests. For increasing and 
decreasing load tests conducted in a laboratory or on a scale installed 
on a vessel tied up at a dock and not under power at sea, 1.0 percent of the test load.
    3.2.2 Minimum Weighment ([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 0.5 scale division) when the load receptor (hopper) is 
empty following

[[Page 814]]

the discharge of all loads, without the intervention of either automatic 
or manual means.
    3.3.1.2 Values Defined. If indications or printed representations 
are intended to have specific values, these must be defined by a 
sufficient number of figures, words, or symbols, uniformly placed with 
reference to the indications or printed representations and as close as 
practicable to the indications or printed representations but not so 
positioned as to interfere with the accuracy of reading.
    3.3.1.3 Units. The weight of each haul or set must be indicated in 
kilograms, and the cumulative weight must be indicated in either 
kilograms or metric tons and decimal subdivisions.
    3.3.1.4 Value of the Scale Division. The value of the scale division 
(d) expressed in a unit of weight must be equal to 1, 2, or 5, or a 
decimal multiple or sub-multiple of 1, 2, or 5.
    3.3.1.5 Weighing Sequence. For hopper scales used to receive (weigh 
in), the no-load reference value must be determined and printed only at 
the beginning of each weighing cycle. For hopper scales used to deliver 
(weigh out), the no-load reference value must be determined and printed 
only after the gross-load weight value for each weighing cycle has been 
indicated and printed.
    3.3.1.6 Printing Sequence. Provision must be made so that all weight 
values are indicated until the completion of the printing of the 
indicated values.
    3.3.1.7 Printed Information. The information printed must include--
    a. For catch weight:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The haul or set number;
    iv. The 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 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--

[[Page 815]]

    a. Product cannot be weighed if the printer is disconnected or 
subject to a power loss;
    b. The printer cannot print a weight if either of the gates leading 
to or from the weigh hopper is open;
    c. The low paper sensor of the printer is activated;
    d. The system will operate only in the sequence intended; and
    e. If the overfill sensor is activated, this condition is indicated 
to the operator and is printed.
    3.3.3 Overfill Sensor. The weigh hopper must be equipped with an 
overfill sensor that will cause the feed gate to close, activate an 
alarm, and stop the weighing operation until the overfill condition has 
been corrected.
    3.3.4 Weighing Elements.
    3.3.4.1 Overload Protection. The weigh hopper must be equipped with 
means so that an overload of 150 percent or more of the capacity of the 
hopper does not affect the metrological characteristics of the scale.
    3.3.4.2 Adjustable Components. An adjustable component that can 
affect the performance of the hopper scale must be held securely in 
position and must not be capable of adjustment without breaking a 
security means.
    3.3.4.3 Motion Compensation. A hopper scale must be equipped with 
automatic means to compensate for the motion of a vessel at sea so that 
the weight values indicated are within the MPEs. Such means shall be a 
reference load cell and a reference mass weight or other equally 
effective means. When equivalent means are utilized, the manufacturer 
must provide NMFS with information demonstrating that the scale can 
weigh accurately at sea.
    3.3.5 Installation Conditions. A hopper scale must be rigidly 
installed in a level condition.
    3.3.6 Marking. A hopper scale must be marked with the following:
    a. Name, initials, or trademark of the manufacturer or distributer;
    b. Model designation;
    c. Non-repetitive serial number;
    d. Maximum capacity (Max);
    e. Minimum capacity (min);
    f. Minimum totalized load ([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 (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\ <= 500....................  0 < m <= 50...........         0.5
500 < m <= 2000....................  50 < m <= 200.........         1.0
2000 < m...........................  200 < m...............         1.5
------------------------------------------------------------------------
\1\ Scale accuracy classes are defined in section 4.2.2, table 2.
\2\ Mass or weight of the test load in scale divisions.

    4.2.2 Accuracy Classes. Scales are divided into two accuracy 
classes, class III and class

[[Page 816]]

IIII. The accuracy class of a scale is designated by the manufacturer. 
The design of each accuracy class with respect to number of scale 
divisions (n) and the value of the scale division (d) is specified 
according to table 2:

                        Table 2--Accuracy Classes
------------------------------------------------------------------------
                                                       Number of scale
                          Value of scale division       divisions (n)
    Accuracy class                  (d)            ---------------------
                                                     Minimum    Maximum
------------------------------------------------------------------------
III...................  5 g or greater                    500     10,000
IIII..................  5 g or greater                    100      1,000
------------------------------------------------------------------------

    4.2.3 Minimum Load: For a Class III scale, 20d; for a Class IIII 
scale, 10d.
    4.2.4 Influence Quantities. The following requirements apply to 
influence factor tests conducted in the laboratory.
    4.2.4.1 Temperature. A scale must comply with the performance and 
technical requirements at temperatures from -10 [deg]C to +40 [deg]C. 
However, for special applications the temperature range may be 
different, but the range must not be less than 30 [deg]C and must be so 
specified on the descriptive markings.
    4.2.4.1.1 Operating Temperature. A scale must not display or print 
any usable weight values until the operating temperature necessary for 
accurate weighing and a stable zero-balance condition have been 
attained.
    4.2.4.2 Power Supply. A scale must comply with the performance and 
technical requirements when operated within -15 percent to +10 percent 
of the power supply specified on the scale's descriptive markings.
    4.3 Technical Requirements.
    4.3.1 Indicators and Printers.
    4.3.1.1 General. A scale must be equipped with an indicator and a 
printer. The indications and printed information must be clear, 
definite, accurate, and easily read under all conditions of normal 
operation of the scale.
    4.3.1.2 Values Defined. If indications or printed representations 
are intended to have specific values, these must be defined by a 
sufficient number of figures, words, or symbols, uniformly placed with 
reference to the indications or printed representations and as close as 
practicable to the indications or printed representations but not so 
positioned as to interfere with the accuracy of reading.
    4.3.1.3 Units. The weight units indicated must be in terms of 
kilograms and decimal subdivisions.
    4.3.1.4 Value of the Scale Division. The value of the scale division 
(d) expressed in a unit of weight must be equal to 1, 2, or 5, or a 
decimal multiple or sub-multiple of 1, 2, or 5.
    4.3.1.5 Printed Information. The information printed must include--
    a. For catch weight:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The haul or set number;
    iv. 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 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.

[[Page 817]]

    4.3.2 Weighing Elements.
    4.3.2.1 Overload Protection. The scale must be so designed that an 
overload of 150 percent or more of the capacity does not affect the 
metrological characteristics of the scale.
    4.3.2.2 Adjustable Components. An adjustable component that can 
affect the performance of the scale must be held securely in position 
and must not be capable of adjustment without breaking a security means.
    4.3.2.3 Motion Compensation. A platform scale must be equipped with 
automatic means to compensate for the motion of a vessel at sea so that 
the weight values indicated are within the MPEs. Such means shall be a 
reference load cell and a reference mass weight or other equally 
effective means. When equivalent means are utilized, the manufacturer 
must provide NMFS with information demonstrating that the scale can 
weigh accurately at sea.
    4.3.3 Installation Conditions. A platform scale must be rigidly 
installed in a level condition. When in use, a hanging scale must be 
freely suspended from a fixed support or a crane.
    4.3.4 Marking. A scale must be marked with the following:
    a. Name, initials, or trademark of the manufacturer or distributor;
    b. Model designation;
    c. Non-repetitive serial number;
    d. Accuracy class (III or IIII);
    e. Maximum capacity (Max);
    f. Minimum capacity (min);
    g. Value of a scale division (d);
    h. Temperature range (if applicable); and
    i. Mains voltage.
    4.3.4.1 Presentation. Descriptive markings must be reasonably 
permanent and grouped together in a place visible to the operator.
    4.4 Tests.
    4.4.1 Standards. The error of the standards used must not exceed 25 
percent of the MPE applied.
    4.4.2 Laboratory Tests.
    4.4.2.1 Influence Quantities and Disturbance Tests. Tests must be 
conducted according to annex A to this appendix A, and the results of 
these tests must be within the values specified in section 4.2.1.1.
    4.4.2.2 Performance Tests. Performance tests must be conducted as 
follows:
    a. Increasing load test. At least five increasing load tests must be 
conducted with test loads at the minimum load, at a load near capacity, 
and at 2 or more critical points in between.
    b. Shift test (platform scales only). A shift test must be conducted 
during the increasing load test at one-third capacity test load centered 
in each quadrant of the platform.
    c. Decreasing load test. A decreasing load test must be conducted 
with a test load approximately equal to one-half capacity when removing 
the test loads of an increasing load test.
    4.4.3 Annual Scale Inspections.
    At least two increasing load tests, shift tests, and decreasing load 
tests must be conducted as specified in section 4.4.2.2. Additionally 
tests must be conducted with test loads approximately equal to the 
weight of loads at which the scale is normally used. The results of all 
tests must be as specified in Table 1 in section 4.2.1.2.

                             5. Definitions

    Adjustable component--Any component that, when adjusted, affects the 
performance or accuracy of the scale, e.g., span adjustment or automatic 
zero-setting means. Manual or semi-automatic zero-setting means are not 
considered adjustable components.
    Audit trail--An electronic count and/or information record of the 
changes to the values of the calibration or configuration parameters of 
a scale.
    Automatic hopper scale--A hopper scale adapted to the automatic 
weighing of a bulk commodity (fish) in predetermined amounts. Capacities 
vary from 20 kg to 50 mt. It is generally equipped with a control panel, 
with functions to be set by an operator, including the start of an 
automatic operation. (See definition of hopper scale).
    Belt scale--A scale that employs a conveyor belt in contact with a 
weighing element to determine the weight of a bulk commodity being 
conveyed. It is generally a part of a system consisting of an input 
conveyor, the flow scale, and an output conveyor. The conveyor belt may 
be constructed of various materials, including vulcanized rubber, 
canvas, and plastic. The capacity is generally specified in terms of the 
amount of weight that can be determined in a specified time, and can 
vary from, for example, 1 ton per hour to 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

[[Page 818]]

the commodity to be weighed. The technology employed may be mechanical, 
electro-mechanical, or electronic. The loads can be applied either 
manually or by such means as a crane.
    Hopper scale--A scale designed for weighing individual loads of a 
bulk commodity (fish). The load receiver is a cylindrical or rectangular 
container mounted on a weighing element. The weighing element may be 
mechanical levers, a combination of levers and a load cell, or all load 
cells. The capacity can vary from less than 20 kg to greater than 50 mt. 
The loads are applied from a bulk source by such means as a conveyor or 
storage hopper. Each step of the weighing process, that is the loading 
and unloading of the weigh hopper, is controlled by an operator.
    Indicator--That part of a scale that indicates the quantity that is 
being weighed.
    Influence factor--A value of an influence quantity, e.g., 10[deg], 
that specifies the limits of the rated operating conditions of the 
scale.
    Influence quantity--A quantity that is not the subject of the 
measurement but which influences the measurement obtained within the 
rated operating conditions of the scale.
    Influence quantity and disturbance tests--Tests conducted in a 
laboratory to determine the capability of the scale under test to 
perform correctly in the environmental influences in which they are used 
and when subjected to certain disturbances that may occur during the use 
of the scale.
    Initial verification--The first evaluation (inspection and test) of 
a production model of a weighing instrument that has been type evaluated 
to determine that the production model is consistent with the model that 
had been submitted for type evaluation.
    Known weight test--A test in which the load applied is a test weight 
with a known value simulating the weight of the material that is usually 
weighed.
    Load receiver--That part of the scale in which the quantity is 
placed when being weighed.
    Material test--A test using a material that is the same or similar 
to the material that is usually weighed, the weight of which has been 
determined by a scale other than the scale under test.
    Maximum flow-rate--The maximum flow-rate of material specified by 
the manufacturer at which a belt scale can perform correctly.
    Minimum flow-rate--The minimum flow-rate specified by the 
manufacturer at which a belt scale can perform correctly.
    Minimum load--The smallest weight load that can be determined by the 
scale that is considered to be metrologically acceptable.
    Minimum totalized load--The smallest weight load that can be 
determined by a belt scale that is considered to be metrologically 
acceptable.
    Minimum weighment--The smallest weight that can be determined by a 
hopper scale that is considered to be metrologically acceptable.
    Motion compensation--The means used to compensate for the motion of 
the vessel at sea.
    No-load reference value--A weight value obtained by a hopper scale 
when the load receiver (hopper) is empty of the product that was or is 
to be weighed.
    Non-repeatable weighment--A process where the product after being 
weighed is disposed of in such a manner that it cannot be retrieved to 
be reweighed.
    Number of scale divisions (n)--The number of scale divisions of a 
scale in normal operation. It is the quotient of the scale capacity 
divided by the value of the scale division. n=Max/d
    Performance requirements--A part of the regulations or standards 
that applies to the weighing performance of a scale, e.g., MPEs.
    Performance test--A test conducted to determine that the scale is 
performing within the MPE applicable.
    Periodic verification--A verification of a weighing instrument at an 
interval that is specified by regulation or administrative ruling.
    Platform scale--A scale by the nature of its physical size, 
arrangement of parts, and relatively small capacity (generally 220 kg or 
less) that is adapted for use on a bench or counter or on the floor. A 
platform scale can be self contained, that is, the indicator and load 
receiver and weighing elements are all comprised of a single unit, or 
the indicator can be connected by cable to a separate load 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.

[[Page 819]]

    Significant fault--An error greater than the value specified for a 
particular scale. For a belt scale: A fault greater than 0.18 percent of 
the weight value equal to the minimum totalized load. For all other 
scales: 1 scale division (d). A significant fault does not include 
faults that result from simultaneous and mutually independent causes in 
the belt scale; faults that imply the impossibility of performing any 
measurement; transitory faults that are momentary variations in the 
indications that cannot be interpreted, memorized, or transmitted as a 
measurement result; faults so serious that they will inevitably be 
noticed by those interested in the measurement.
    Simulated material test--A test in which the load applied is test 
material simulating the weight of the material that is usually weighed.
    Simulated test--A test in which the weight indications are developed 
by means other than weight, e.g., a load cell simulator.
    Stationary installation--An installation of a scale in a facility on 
land or a vessel that is tied-up to a dock or in dry dock.
    Subsequent verification--Any evaluation of a weighing instrument 
following the initial verification.
    Suitability for use--A judgement that must be made that certain 
scales by nature of their design are appropriate for given weighing 
applications.
    Technical requirements--A part of the regulations or standards that 
applies to the operational functions and characteristics of a scale, 
e.g., capacity, scale division, tare.
    Testing laboratory--A facility for conducting type evaluation 
examinations of a scale that can establish its competency and 
proficiency by such means as ISO Guide 25, ISO 9000, EN 45011, NVLAP, 
NTEP.
    Type evaluation--A process for evaluating the compliance of a 
weighing instrument with the appropriate standard or regulation.
    User requirements--A part of the regulations or standards that 
applies to the operator/owner of the scale.
    Weighment--A single complete weighing operation.

 Annex A of 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.
    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.

[[Page 820]]

    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.

                             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,

[[Page 821]]

    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 2 percent.
    b. Conduct the tests specified in the test procedure in brief and 
record the following data:
    i. Date and time,
    ii. Temperature,
    iii. Relative humidity,
    iv. Power supply voltage,
    v. Test load,
    vi. Indications,
    vii. Errors, and
    viii. Functions performance.
    c. Reduce the power supply to -15 percent nominal.
    d. Repeat the test and record the test data as indicated in this 
A.3.3 Test Sequence section.
    e. Increase the power supply to +10 percent nominal.
    f. Repeat the test and record the test data as indicated in this 
A.3.3 Test Sequence section.
    g. Unload the EUT and decrease the power supply to nominal power 
2 percent.
    h. Repeat the test and record the test data as indicated in this 
A.3.3 Test Sequence section.

    Note: In case of three-phase power supply, the voltage variation 
must apply for each phase successively. Frequency variation applies to 
all phases simultaneously.

    A.3.3.2 DC Power Supply
    Under consideration.
    A.3.4 Short Time Power Reduction
    Test method: Short time interruptions and reductions in mains 
voltage.
    Object of the test: To verify compliance with the applicable 
significant fault under conditions of short time mains voltage 
interruptions and reductions.
    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.
    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.

[[Page 822]]

                             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.
    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)

[[Page 823]]

                        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;
    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.

[[Page 824]]

    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: Radiated, 
radio-frequency electromagnetic field immunity test.

[63 FR 5845, Feb. 4, 1998, as amended at 65 FR 33783, May 25, 2000]

[[Page 825]]

 Figure 1 to Part 679--Bering Sea and Aleutian Islands Statistical and 
                             Reporting Areas
[GRAPHIC] [TIFF OMITTED] TR15NO99.000


[[Page 826]]



                             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 827]]



     Sec. Figure 2 to Part 679--BSAI Catcher Vessel Operational Area
[GRAPHIC] [TIFF OMITTED] TR15NO99.001


[64 FR 61985, Nov. 15, 1999]

[[Page 828]]



        Sec. Figure 3 to Part 679--Gulf of Alaska Reporting Areas
[GRAPHIC] [TIFF OMITTED] TR21AP09.000


[[Page 829]]



                             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)
                                                  except that all waters of the Alitak/Olga/Deadman's/Portage
                                                  Bay complex of Kodiak Island are included in this area.
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 all waters of the Alitak/Olga/Deadman's/Portage Bay
                                                  complex of Kodiak Island and 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 5 AAC 28.105 (a)(1)
                                                  and (2).
690                                              GOA Outside the U.S. EEZ. As described in the current editions
                                                  of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA
                                                  chart 500 (West Coast of North America, Dixon Entrance to
                                                  Unimak Pass).
----------------------------------------------------------------------------------------------------------------
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; 69 FR 21977, Apr. 23, 2004; 73 FR 76168, Dec. 
15, 2008; 74 FR 18158, Apr. 21, 2009]

[[Page 830]]



    Sec. Figure 4 to Part 679--BSAI Herring Savings Areas in the BSAI
[GRAPHIC] [TIFF OMITTED] TR15NO99.003


[[Page 831]]



                             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 832]]



  Sec. Figure 5 to Part 679--Kodiak Island Closure Status for Vessels 
                      Using Non-pelagic Trawl Gear
[GRAPHIC] [TIFF OMITTED] TR15DE08.001


[[Page 833]]



                             b. Coordinates

----------------------------------------------------------------------------------------------------------------
      Name and description of reference area           North latitude/West longitude         Reference point
----------------------------------------------------------------------------------------------------------------
Alitak Flats and Towers Areas
   All waters of Alitak Flats and the Towers Areas enclosed by a line connecting the
                        following 7 points in the order listed:
    a                                               56[deg]59[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, as amended at 73 FR 76169, Dec. 15, 2008]

[[Page 834]]



           Sec. Figure 6 to Part 679--Length Overall of Vessel
[GRAPHIC] [TIFF OMITTED] TR06MY03.091


[68 FR 23925, May 6, 2003]

[[Page 835]]



Sec. Figure 7 to Part 679--Location of Trawl Gear Test Areas in the GOA 
                              and the BSAI
[GRAPHIC] [TIFF OMITTED] TR15DE08.002


[73 FR 76170, Dec. 15, 2008]

[[Page 836]]



 Sec. Figure 8 to Part 679--Aleutian Islands Chinook Salmon Savings Area
[GRAPHIC] [TIFF OMITTED] TR30AU10.000


[75 FR 53069, Aug. 30, 2010]

[[Page 837]]



     Sec. Figure 9 to Part 679--Chum Savings Area (CSSA) of the CVOA
[GRAPHIC] [TIFF OMITTED] TR15NO99.007


[[Page 838]]



                             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 839]]



 Sec. 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 840]]



     Sec. Figure 11 to Part 679--Red King Crab Savings Area (RKCSA)
[GRAPHIC] [TIFF OMITTED] TR15NO99.009


[64 FR 61998, Nov. 15, 1999]

[[Page 841]]



       Sec. Figure 12 to Part 679--Bristol Bay Trawl Closure Area
[GRAPHIC] [TIFF OMITTED] TR30NO09.000


[74 FR 62509, Nov. 30, 2009]

[[Page 842]]



     Sec. Figure 13 to Part 679--BSAI C. Opilio Tanner Crab Bycatch 
                            Limitations Zone
[GRAPHIC] [TIFF OMITTED] TR15NO99.011


[[Page 843]]



                             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 844]]



         Sec. Figure 14 to Part 679--Sablefish Regulatory Areas
[GRAPHIC] [TIFF OMITTED] TR15NO99.012


[64 FR 62002, Nov. 15, 2000]

[[Page 845]]



  Sec. 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 846]]

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 847]]



    Sec. Figure 16 to part 679--Bering Sea Habitat Conservation Area
[GRAPHIC] [TIFF OMITTED] TR25JY08.010


[73 FR 43371, July 25, 2008]

[[Page 848]]



 Sec. Figure 17 to part 679--Northern Bering Sea Research Area and St. 
                Lawrence Island Habitat Conservation Area
[GRAPHIC] [TIFF OMITTED] TR25JY08.011


[73 FR 43371, July 25, 2008]

[[Page 849]]



       Sec. 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[min]N lat., 135[deg]54.0[min]W long;

[[Page 850]]

    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 851]]



      Sec. Figure 19 to Part 679--Shelikof Strait Conservation Area
[GRAPHIC] [TIFF OMITTED] TR30NO09.001


[74 FR 62511, Nov. 30, 2009]

[[Page 852]]



Sec. Figure 20 to Part 679--Steller sea lion conservation area (SCA) of 
                             the Bering Sea
[GRAPHIC] [TIFF OMITTED] TR28JA02.073


[67 FR 4134, Jan. 28, 2002]

[[Page 853]]



Sec. Figure 21 to Part 679--Nunivak Island, Etolin Strait, and Kuskokwim 
                      Bay Habitat Conservation Area
[GRAPHIC] [TIFF OMITTED] TR25JY08.012


[73 FR 43372, July 25, 2008]

[[Page 854]]



  Sec. Figure 22 to Part 679--Chiniak Gully Research Area (applicable 
                       through December 31, 2010)
[GRAPHIC] [TIFF OMITTED] TR01JN06.018


[71 FR 31107, June 1, 2006]

[[Page 855]]


    Effective Date Note: At 71 FR 31107, June 1, 2006, Figure 22 to part 
679 was added, effective July 3, 2006, through Dec. 31, 2010.



  Sec. Figure 23 to Part 679--Salmon Management Area (see Sec. 679.2)
[GRAPHIC] [TIFF OMITTED] TR07JA04.007


[69 FR 877, Jan. 7, 2004]

[[Page 856]]



           Sec. Figure 24 to Part 679--Arctic Management Area
[GRAPHIC] [TIFF OMITTED] TR03NO09.035


[74 FR 56746, Nov. 3, 2009]



     Sec. Table 1a to Part 679--Delivery Condition and Product Codes

                            GENERAL USE CODES
------------------------------------------------------------------------
                  Description                              Code
------------------------------------------------------------------------
Belly flaps. Flesh in region of pelvic and       19
 pectoral fins and behind head (ancillary
 only).
------------------------------------------------------------------------
Bled only. Throat or isthmus slit to allow       03
 blood to drain.
------------------------------------------------------------------------
Bled fish destined for fish meal (includes       42
 offsite production).
DO NOT RECORD ON PTR.
------------------------------------------------------------------------
Bones (if meal, report as 32) (ancillary only).  39
------------------------------------------------------------------------
Butterfly, no backbone.                          37
Head removed, belly slit, viscera and most of
 backbone removed; fillets attached.
------------------------------------------------------------------------
Cheeks. Muscles on sides of head (ancillary      17
 only).
------------------------------------------------------------------------
Chins. Lower jaw (mandible), muscles, and flesh  18
 (ancillary only).
------------------------------------------------------------------------
Fillets, deep-skin. Meat with skin, adjacent     24
 meat with silver lining, and ribs removed from
 sides of body behind head and in front of
 tail, resulting in thin fillets.
------------------------------------------------------------------------

[[Page 857]]

 
Fillets, skinless/boneless. Meat with both skin  23
 and ribs removed, from sides of body behind
 head and in front of tail.
------------------------------------------------------------------------
Fillets with ribs, no skin.                      22
Meat with ribs with skin removed, from sides of
 body behind head and in front of tail.
------------------------------------------------------------------------
Fillets with skin and ribs.                      20
Meat and skin with ribs attached, from sides of
 body behind head and in front of tail.
------------------------------------------------------------------------
Fillets with skin, no ribs.                      21
Meat and skin with ribs removed, from sides of
 body behind head and in front of tail.
------------------------------------------------------------------------
Fish meal. Meal from whole fish or fish parts;   32
 includes bone meal.
------------------------------------------------------------------------
Fish oil. Rendered oil from whole fish or fish   33
 parts. Record only oil destined for sale and
 not oil stored or burned for fuel onboard.
------------------------------------------------------------------------
Gutted, head on. Belly slit and viscera          04
 removed.
------------------------------------------------------------------------
Gutted, head off. Belly slit and viscera         05
 removed.
------------------------------------------------------------------------
Head and gutted, with roe.                       06
------------------------------------------------------------------------
Headed and gutted, Western cut.                  07
Head removed just in front of the collar bone,
 and viscera removed.
------------------------------------------------------------------------
Headed and gutted, Eastern cut.                  08
Head removed just behind the collar bone, and
 viscera removed.
------------------------------------------------------------------------
Headed and gutted, tail removed.                 10
Head removed usually in front of collar bone,
 and viscera and tail removed.
------------------------------------------------------------------------
Heads. Heads only, regardless where severed      16
 from body (ancillary only).
------------------------------------------------------------------------
Kirimi (Steak). Head removed either in front or  11
 behind the collar bone, viscera removed, and
 tail removed by cuts perpendicular to the
 spine, resulting in a steak.
------------------------------------------------------------------------
Mantles, octopus or squid. Flesh after removal   36
 of viscera and arms.
------------------------------------------------------------------------
Milt (in sacs, or testes) (ancillary only).      34
------------------------------------------------------------------------
Minced. Ground flesh.                            31
------------------------------------------------------------------------
Other retained product. If product is not        97
 listed on this table, enter code 97 and write
 a description and product recovery rate next
 to it in parentheses.
------------------------------------------------------------------------
Pectoral girdle. Collar bone and associated      15
 bones, cartilage and flesh.
------------------------------------------------------------------------
Roe. Eggs, either loose or in sacs, or skeins    14
 (ancillary only).
------------------------------------------------------------------------
Salted and split. Head removed, belly slit,      12
 viscera removed, fillets cut from head to tail
 but remaining attached near tail. Product
 salted.
------------------------------------------------------------------------
Stomachs. Includes all internal organs           35
 (ancillary only).
------------------------------------------------------------------------
Surimi. Paste from fish flesh and additives.     30
------------------------------------------------------------------------
Whole fish or shellfish/food fish.               01
------------------------------------------------------------------------
Wings. On skates, side fins are cut off next to  13
 body.
------------------------------------------------------------------------
SHELLFISH ONLY
------------------------------------------------------------------------
Soft shell crab                                  75
------------------------------------------------------------------------
Bitter crab                                      76
------------------------------------------------------------------------
Deadloss                                         79
------------------------------------------------------------------------
Sections                                         80
------------------------------------------------------------------------
Meat                                             81
------------------------------------------------------------------------
NOTE: When using whole fish codes, record round weights not product
  weights, even if the whole fish is not used.


[73 FR 76172, Dec. 15, 2008]



        Sec. Table 1b to Part 679--Discard and Disposition Codes

------------------------------------------------------------------------
                  Description                              Code
------------------------------------------------------------------------
Confiscation.                                    63
------------------------------------------------------------------------
Deadloss (crab only).                            79
------------------------------------------------------------------------
Halibut retained for future sale (Halibut        87
 only).
------------------------------------------------------------------------
Overage (Specify overage type in comment).       62
------------------------------------------------------------------------
Tagged Fish (Exempt from IFQ).                   64
------------------------------------------------------------------------
Whole fish/bait, not sold. Used as bait on       92
 board vessel.
------------------------------------------------------------------------
Whole fish/bait, sold.                           61
------------------------------------------------------------------------
Whole fish/discard at sea.                       98
Whole groundfish and prohibited species
 discarded by catcher vessels, catcher/
 processors, motherships, or tenders. DO NOT
 RECORD ON PTR.
------------------------------------------------------------------------
Whole fish/discard, damaged.                     93
Whole fish damaged by observer's sampling
 procedures.
------------------------------------------------------------------------
Whole fish/discard, decomposed. Decomposed or    89
 previously discarded fish.
------------------------------------------------------------------------
Whole fish/discard, infested. Flea-infested      88
 fish, parasite-infested fish.
------------------------------------------------------------------------

[[Page 858]]

 
Whole fish/discard, onshore. Discard after       99
 delivery and before processing by shoreside
 processors, stationary floating processors,
 and buying stations and in-plant discard of
 whole groundfish and prohibited species during
 processing.
DO NOT RECORD ON PTR.
------------------------------------------------------------------------
Whole fish/donated prohibited species.           86
Number of Pacific salmon or Pacific halibut,
 otherwise required to be discarded that is
 donated to charity under a NMFS-authorized
 program.
------------------------------------------------------------------------
Whole fish/fish meal.                            41
Whole fish destined for meal (includes offsite
 production.)
DO NOT RECORD ON PTR.
------------------------------------------------------------------------
Whole fish/personal use, consumption. Fish or    95
 fish products eaten on board or taken off the
 vessel for personal use. Not sold or utilized
 as bait.
------------------------------------------------------------------------
Whole fish/sold, for human consumption.          60
------------------------------------------------------------------------
NOTE: When using whole fish codes, record round weights not product
  weights, even if the whole fish is not used.


[73 FR 76172, Dec. 15, 2008]



              Sec. Table 1c to Part 679--Product Tyoe Codes

------------------------------------------------------------------------
                  Description                              Code
------------------------------------------------------------------------
Ancillary product.                               A
A product, such as meal, heads, internal
 organs, pectoral girdles, or any other product
 that may be made from the same fish as the
 primary product.
------------------------------------------------------------------------
Primary product.                                 P
A product, such as fillets, made from each
 fish, with the highest recovery rate.
------------------------------------------------------------------------
Reprocessed or rehandled product.                R
A product, such as meal, that results from
 processing a previously reported product or
 from rehandling a previously reported product.
------------------------------------------------------------------------


[73 FR 76172, Dec. 15, 2008]



        Sec. Table 2a to Part 679--Species Codes: FMP Groundfish

------------------------------------------------------------------------
                       Species description                         Code
------------------------------------------------------------------------
Atka mackerel (greenling).......................................     193
Flatfish, miscellaneous (flatfish species without separate           120
 codes).........................................................
FLOUNDER:
  Alaska plaice.................................................     133
  Arrowtooth and/or Kamchatka...................................     121
  Starry........................................................     129
Octopus, North Pacific..........................................     870
Pacific cod.....................................................     110
Pollock.........................................................     270
ROCKFISH:
  Aurora (Sebastes aurora)......................................     185
  Black (BSAI) (S. melanops)....................................     142
  Blackgill (S. melanostomus)...................................     177
  Blue (BSAI) (S. mystinus).....................................     167
  Bocaccio (S. paucispinis).....................................     137
  Canary (S. pinniger)..........................................     146
  Chilipepper (S. goodei).......................................     178
  China (S. nebulosus)..........................................     149
  Copper (S. caurinus)..........................................     138
  Darkblotched (S. crameri).....................................     159
  Dusky (S. variabilis).........................................     172
  Greenstriped (S. elongatus)...................................     135
  Harlequin (S. variegatus).....................................     176
  Northern (S. polyspinis)......................................     136
  Pacific ocean perch (S. alutus)...............................     141
  Pygmy (S. wilsoni)............................................     179
  Quillback (S. maliger)........................................     147
  Redbanded (S. babcocki).......................................     153
  Redstripe (S. proriger).......................................     158
  Rosethorn (S. helvomaculatus).................................     150
  Rougheye (S. aleutianus)......................................     151
  Sharpchin (S. zacentrus)......................................     166
  Shortbelly (S. jordani).......................................     181
  Shortraker (S. borealis)......................................     152
  Silvergray (S. brevispinis)...................................     157
  Splitnose (S. diploproa)......................................     182
  Stripetail (S. saxicola)......................................     183
  Thornyhead (all Sebastolobus species).........................     143
  Tiger (S. nigrocinctus).......................................     148
  Vermilion (S. miniatus).......................................     184
  Widow (S. entomelas)..........................................     156
  Yelloweye (S. ruberrimus).....................................     145
  Yellowmouth (S. reedi)........................................     175
  Yellowtail (S. flavidus)......................................     155
Sablefish (blackcod)............................................     710
Sculpins........................................................     160
SHARKS:
  Other (if salmon, spiny dogfish or Pacific sleeper shark--use      689
   specific species code).......................................
  Pacific sleeper...............................................     692
  Salmon........................................................     690
  Spiny dogfish.................................................     691
SKATES:
  Big...........................................................     702
  Longnose......................................................     701
  Other (If longnose or big skate--use specific species code)...     700
SOLE:
  Butter........................................................     126
  Dover.........................................................     124
  English.......................................................     128
  Flathead......................................................     122
  Petrale.......................................................     131
  Rex...........................................................     125
  Rock..........................................................     123
  Sand..........................................................     132
  Yellowfin.....................................................     127
Squid, majestic.................................................     875
Turbot, Greenland...............................................     134
------------------------------------------------------------------------


[73 FR 80309, Dec. 31, 2008]

[[Page 859]]

 Table 2b to Part 679--Species Codes: FMP Prohibited Species and CR Crab

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Species Description                                                             Code           CR Groundfish PSC
-----------------------------------------------------------------------------------
CRAB
----------------------------------------------------------------------------------------------------------------
                                    Box                           Lopholithod900man.............        [check]
              --------------------------------------------------------------------------------------------------
                              Dungeness            Cancer magister           910   .............        [check]
              --------------------------------------------------------------------------------------------------
                             King, blue      Paralithodes platypus           922        [check]         [check]
              --------------------------------------------------------------------------------------------------
                   King, golden (brown)                           Lithodes ae923spinus  [check]         [check]
              --------------------------------------------------------------------------------------------------
                              King, red   Paralithodes camtshaticus          921        [check]         [check]
              --------------------------------------------------------------------------------------------------
                King, scarlet (deepsea)                           Lithodes co924i  .............        [check]
              --------------------------------------------------------------------------------------------------
                  Korean horsehair crab       Erimacrus isenbeckii           940   .............        [check]
              --------------------------------------------------------------------------------------------------
                       Multispinus crab      Paralomis multispinus           951   .............        [check]
              --------------------------------------------------------------------------------------------------
                         Tanner, Bairdi        Chionoecetes bairdi           931        [check]         [check]
              --------------------------------------------------------------------------------------------------
                        Tanner, grooved       Chionoecetes tanneri           933   .............        [check]
              --------------------------------------------------------------------------------------------------
                           Tanner, snow        Chionoecetes opilio           932        [check]         [check]
              --------------------------------------------------------------------------------------------------
                       Tanner, triangle     Chionoecetes angulatus           934   .............        [check]
              --------------------------------------------------------------------------------------------------
                          Verrilli crab         Paralomis verrilli           953   .............        [check]
----------------------------------------------------------------------------------------------------------------
PACIFIC HALIBUT                            Hippoglossus stenolepis           200   .............        [check]
--------------------------------------------------------------------------------------------------
PACIFIC HERRING                                   Family Clupeidae           235   .............        [check]
--------------------------------------------------------------------------------------------------
SALMON
----------------------------------------------------------------------------------------------------------------
                         Chinook (king)   Oncorhynchus tshawytscha           410   .............        [check]
              --------------------------------------------------------------------------------------------------
                             Chum (dog)          Oncorhynchus keta           450   .............        [check]
              --------------------------------------------------------------------------------------------------
                          Coho (silver)       Oncorhynchus kisutch           430   .............        [check]
              --------------------------------------------------------------------------------------------------
                        Pink (humpback)     Oncorhynchus gorbuscha           440   .............        [check]
              --------------------------------------------------------------------------------------------------
                          Sockeye (red)         Oncorhynchus nerka           420   .............        [check]
----------------------------------------------------------------------------------------------------------------
STEELHEAD TROUT                                Oncorhynchus mykiss           540   .............        [check]
----------------------------------------------------------------------------------------------------------------


[73 FR 76172, Dec. 15, 2008]



 Sec. Table 2c to Part 679--Species Codes: FMP Forage Fish Species (all 
                   species of the following families)

------------------------------------------------------------------------
                      Species Description                          Code
------------------------------------------------------------------------
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 sandfish (family Trichodontidae)                             206
------------------------------------------------------------------------
Pacific sand lance (family Ammodytidae)                              774
------------------------------------------------------------------------
Pricklebacks, war-bonnets, eelblennys, cockscombs and shannys        208
 (family Stichaeidae)
------------------------------------------------------------------------
Surf smelt (family Osmeridae)                                        515
------------------------------------------------------------------------


[70 FR 75083, Dec. 19, 2005]

[[Page 860]]



        Sec. Table 2d to Part 679--Species Codes--Non-FMP Species

------------------------------------------------------------------------
                       Species description                         Code
------------------------------------------------------------------------
                               GENERAL USE
------------------------------------------------------------------------
Arctic char (anadromous)........................................     521
Bering flounder (Hippoglossoides robustus)......................     116
Dolly varden (anadromous).......................................     531
Eels or eel-like fish...........................................     210
Eel, wolf.......................................................     217
GREENLING:
  Kelp..........................................................     194
  Rock..........................................................     191
  Whitespot.....................................................     192
Grenadier, giant................................................     214
Grenadier (rattail).............................................     213
Jellyfish (unspecified).........................................     625
Lamprey, Pacific................................................     600
Lingcod.........................................................     130
Lumpsucker......................................................     216
Pacific flatnose................................................     260
Pacific hagfish.................................................     212
Pacific hake....................................................     112
Pacific lamprey.................................................     600
Pacific saury...................................................     220
Pacific tomcod..................................................     250
Poacher (Family Agonidae).......................................     219
Prowfish........................................................     215
Ratfish.........................................................     714
Rockfish, black (GOA)...........................................     142
Rockfish, blue (GOA)............................................     167
Rockfish, dark..................................................     173
Sardine, Pacific (pilchard).....................................     170
Sea cucumber, red...............................................     895
Shad............................................................     180
Skilfish........................................................     715
Snailfish, general (genus Liparis and genus Careproctus)........     218
Sturgeon, general...............................................     680
Wrymouths.......................................................     211
 
                            SHELLFISH
 
Abalone, northern (pinto).......................................     860
CLAMS:
  Arctic surf...................................................     812
  Cockle........................................................     820
  Eastern softshell.............................................     842
  Pacific geoduck...............................................     815
  Pacific littleneck............................................     840
  Pacific razor.................................................     830
  Washington butter.............................................     810
Coral...........................................................     899
Mussel, blue....................................................     855
Oyster, Pacific.................................................     880
Scallop, weathervane............................................     850
Scallop, pink (or calico).......................................     851
SHRIMP:
  Coonstripe....................................................     964
  Humpy.........................................................     963
  Northern (pink)...............................................     961
  Sidestripe....................................................     962
  Spot..........................................................     965
Snails..........................................................     890
Urchin, green sea...............................................     893
Urchin, red sea.................................................     892
------------------------------------------------------------------------


[73 FR 80310, Dec. 31, 2008]

[[Page 861]]

 Table 3 to Part 679--Product Recovery Rates for Groundfish Species and 
                  Conversion Rates for Pacific Halibut
[GRAPHIC] [TIFF OMITTED] TR28JA02.074


[[Page 862]]


[GRAPHIC] [TIFF OMITTED] TR10JY02.000


[[Page 863]]


[GRAPHIC] [TIFF OMITTED] TR28JA02.075


[67 FR 4137, Jan. 28, 2002, as amended at 67 FR 46024, July 11, 2002]



  Sec. Table 4 to Part 679--Steller Sea Lion Protection Areas Pollock 
                         Fisheries Restrictions

    Steller Sea Lion Protection Areas Pollock Fisheries Restrictions
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Column Number 1           2        3       4       5       6       7
------------------------------------------------------------------------

[[Page 864]]

 
Site Name                 Area or    Boundaries
                           Subare        from
                           a
                           Boundaries to   Polloc
                                 \1\        k No-
                                            fishi
                                            ng
                                            Zones
                                            for
                                            Trawl
                                            Gear
                                            \2,8\
                                            (nm)
                                  ---------------------------------
                          .......  Latitu  Longit  Latitu  Longit  .....
                                    de      ude     de      ude
------------------------------------------------------------------------
St. Lawrence I./S Punuk   Bering   63[deg  168[de  ......  ......  20
 I.                        Sea      ]04.0   g]51.
                                    0 N     00 W
------------------------------------------------------------------------
St. Lawrence I./SW Cape   Bering   63[deg  171[de  ......  ......  20
                           Sea      ]18.0   g]26.
                                    0 N     00 W
------------------------------------------------------------------------
Hall I.                   Bering   60[deg  173[de  ......  ......  20
                           Sea      ]37.0   g]00.
                                    0 N     00 W
------------------------------------------------------------------------
St. Paul I./Sea Lion      Bering   57[deg  170[de  ......  ......  3
 Rock                      Sea      ]06.0   g]17.
                                    0 N     50 W
------------------------------------------------------------------------
St. Paul I./NE Pt.        Bering   57[deg  170[de  ......  ......  3
                           Sea      ]15.0   g]06.
                                    0 N     50 W
------------------------------------------------------------------------
Walrus I. (Pribilofs)     Bering   57[deg  169[de  ......  ......  10
                           Sea      ]11.0   g]56.
                                    0 N     00 W
------------------------------------------------------------------------
St. George I./Dalnoi Pt.  Bering   56[deg  169[de  ......  ......  3
                           Sea      ]36.0   g]46.
                                    0 N     00 W
------------------------------------------------------------------------
St. George I./S Rookery   Bering   56[deg  169[de  ......  ......  3
                           Sea      ]33.5   g]40.
                                    0 N     00 W
------------------------------------------------------------------------
Cape Newenham             Bering   58[deg  162[de  ......  ......  20
                           Sea      ]39.0   g]10.
                                    0 N     50 W
------------------------------------------------------------------------
Round (Walrus Islands)    Bering   58[deg  159[de  ......  ......  20
                           Sea      ]36.0   g]58.
                                    0 N     00 W
------------------------------------------------------------------------
Attu I./Cape Wrangell     Aleutia  52[deg  172[de  52[deg  172[de  20
                           n I.     ]54.6   g]27.   ]55.4   g]27.
                                    0 N     90 E    0 N     20 E
------------------------------------------------------------------------
Agattu I./Gillon Pt.      Aleutia  52[deg  173[de  ......  ......  20
                           n I.     ]24.1   g]21.
                                    3 N     31 E
------------------------------------------------------------------------
Attu I./Chirikof Pt.      Aleutia  52[deg  173[de  ......  ......  20
                           n I.     ]49.7   g]26.
                                    5 N     00 E
------------------------------------------------------------------------
Agattu I./Cape Sabak      Aleutia  52[deg  173[de  52[deg  173[de  20
                           n I.     ]22.5   g]43.   ]21.8   g]41.
                                    0 N     30 E    0 N     40 E
------------------------------------------------------------------------
Alaid I.                  Aleutia  52[deg  173[de  52[deg  173[de  20
                           n I.     ]46.5   g]51.   ]45.0   g]56.
                                    0 N     50 E    0 N     50 E
------------------------------------------------------------------------
Shemya I.                 Aleutia  52[deg  174[de  ......  ......  20
                           n I.     ]44.0   g]08.
                                    0 N     70 E
------------------------------------------------------------------------
Buldir I.                 Aleutia  52[deg  175[de  52[deg  175[de  20
                           n I.     ]20.2   g]54.   ]20.3   g]53.
                                    5 N     03 E    8 N     85 E
------------------------------------------------------------------------
Kiska I./Cape St.         Aleutia  51[deg  177[de  51[deg  177[de  20
 Stephen                   n I.     ]52.5   g]12.   ]53.5   g]12.
                                    0 N     70 E    0 N     00 E
------------------------------------------------------------------------
Kiska I./Sobaka & Vega    Aleutia  51[deg  177[de  51[deg  177[de  20
                           n I.     ]49.5   g]19.   ]48.5   g]20.
                                    0 N     00 E    0 N     50 E
------------------------------------------------------------------------
Kiska I./Lief Cove        Aleutia  51[deg  177[de  51[deg  177[de  20
                           n I.     ]57.1   g]20.   ]57.2   g]20.
                                    6 N     41 E    4 N     53 E
------------------------------------------------------------------------
Kiska I./Sirius Pt.       Aleutia  52[deg  177[de  ......  ......  20
                           n I.     ]08.5   g]36.
                                    0 N     50 E
------------------------------------------------------------------------
Tanadak I. (Kiska)        Aleutia  51[deg  177[de  ......  ......  20
                           n I.     ]56.8   g]46.
                                    0 N     80 E
------------------------------------------------------------------------
Segula I.                 Aleutia  51[deg  178[de  52[deg  178[de  20
                           n I.     ]59.9   g]05.   ]03.0   g]08.
                                    0 N     80 E    6 N     80 E
------------------------------------------------------------------------
Ayugadak Point            Aleutia  51[deg  178[de  ......  ......  20
                           n I.     ]45.3   g]24.
                                    6 N     30 E
------------------------------------------------------------------------
Rat I./Krysi Pt.          Aleutia  51[deg  178[de  ......  ......  20
                           n I.     ]49.9   g]12.
                                    8 N     35 E
------------------------------------------------------------------------
Little Sitkin I.          Aleutia  51[deg  178[de  ......  ......  20
                           n I.     ]59.3   g]29.
                                    0 N     80 E
------------------------------------------------------------------------
Amchitka I./Column Rocks  Aleutia  51[deg  178[de  ......  ......  20
                           n I.     ]32.3   g]49.
                                    2 N     28 E
------------------------------------------------------------------------
Amchitka I./East Cape     Aleutia  51[deg  179[de  51[deg  179[de  20
                           n I.     ]22.2   g]27.   ]22.0   g]27.
                                    6 N     93 E    0 N     00 E
------------------------------------------------------------------------
Amchitka I./Cape Ivakin   Aleutia  51[deg  179[de  ......  ......  20
                           n I.     ]24.4   g]24.
                                    6 N     21 E
------------------------------------------------------------------------
Semisopochnoi/Petrel Pt.  Aleutia  52[deg  179[de  52[deg  179[de  20
                           n I.     ]01.4   g]36.   ]01.5   g]39.
                                    0 N     90 E    0 N     00 E
------------------------------------------------------------------------
Semisopochnoi I./Pochnoi  Aleutia  51[deg  179[de  ......  ......  20
 Pt.                       n I.     ]57.3   g]46.
                                    0 N     00 E
------------------------------------------------------------------------
Amatignak I. Nitrof Pt.   Aleutia  51[deg  179[de  ......  ......  20
                           n I.     ]13.0   g]07.
                                    0 N     80 W
------------------------------------------------------------------------

[[Page 865]]

 
Unalga & Dinkum Rocks     Aleutia  51[deg  179[de  51[deg  179[de  20
                           n I.     ]33.6   g]04.   ]35.0   g]03.
                                    7 N     25 W    9 N     66 W
------------------------------------------------------------------------
Ulak I./Hasgox Pt.        Aleutia  51[deg  178[de  51[deg  178[de  20
                           n I.     ]18.9   g]58.   ]18.7   g]59.
                                    0 N     90 W    0 N     60 W
------------------------------------------------------------------------
Kavalga I.                Aleutia  51[deg  178[de  51[deg  178[de  20
                           n I.     ]34.5   g]51.   ]34.5   g]49.
                                    0 N     73 W    0 N     50 W
------------------------------------------------------------------------
Tag I.                    Aleutia  51[deg  178[de  ......  ......  20
                           n I.     ]33.5   g]34.
                                    0 N     50 W
------------------------------------------------------------------------
Ugidak I.                 Aleutia  51[deg  178[de  ......  ......  20
                           n I.     ]34.9   g]30.
                                    5 N     45 W
------------------------------------------------------------------------
Gramp Rock                Aleutia  51[deg  178[de  ......  ......  20
                           n I.     ]28.8   g]20.
                                    7 N     58 W
------------------------------------------------------------------------
Tanaga I./Bumpy Pt.       Aleutia  51[deg  177[de  51[deg  177[de  20
                           n I.     ]55.0   g]58.   ]55.0   g]57.
                                    0 N     50 W    0 N     10 W
------------------------------------------------------------------------
Bobrof I.                 Aleutia  51[deg  177[de  ......  ......  20
                           n I.     ]54.0   g]27.
                                    0 N     00 W
------------------------------------------------------------------------
Kanaga I./Ship Rock       Aleutia  51[deg  177[de  ......  ......  20
                           n I.     ]46.7   g]20.
                                    0 N     72 W
------------------------------------------------------------------------
Kanaga I./North Cape      Aleutia  51[deg  177[de  ......  ......  20
                           n I.     ]56.5   g]09.
                                    0 N     00 W
------------------------------------------------------------------------
Adak I.                   Aleutia  51[deg  176[de  51[deg  176[de  20
                           n I.     ]35.5   g]57.   ]37.4   g]59.
                                    0 N     10 W    0 N     60 W
------------------------------------------------------------------------
Little Tanaga Strait      Aleutia  51[deg  176[de  ......  ......  20
                           n I.     ]49.0   g]13.
                                    9 N     90 W
------------------------------------------------------------------------
Great Sitkin I.           Aleutia  52[deg  176[de  52[deg  176[de  20
                           n I.     ]06.0   g]10.   ]06.6   g]07.
                                    0 N     50 W    0 N     00 W
------------------------------------------------------------------------
Anagaksik I.              Aleutia  51[deg  175[de  ......  ......  20
                           n I.     ]50.8   g]53.
                                    6 N     00 W
------------------------------------------------------------------------
Kasatochi I.              Aleutia  52[deg  175[de  ......  ......  20
                           n I.     ]11.1   g]31.
                                    1 N     00 W
------------------------------------------------------------------------
Atka I./North Cape        Aleutia  52[deg  174[de  ......  ......  20
                           n I.     ]24.2   g]17.
                                    0 N     80 W
------------------------------------------------------------------------
Amlia I./Sviech. Harbor   Aleutia  52[deg  173[de  ......  ......  20
 \11\                      n I.     ]01.8   g]23.
                                    0 N     90 W
------------------------------------------------------------------------
Sagigik I. \11\           Aleutia  52[deg  173[de  ......  ......  20
                           n I.     ]00.5   g]09.
                                    0 N     30 W
------------------------------------------------------------------------
Amlia I./East \11\        Aleutia  52[deg  172[de  52[deg  172[de  20
                           n I.     ]05.7   g]59.   ]05.7   g]57.
                                    0 N     00 W    5 N     50 W
------------------------------------------------------------------------
Tanadak I. (Amlia \11\)   Aleutia  52[deg  172[de  ......  ......  20
                           n I.     ]04.2   g]57.
                                    0 N     60 W
------------------------------------------------------------------------
Agligadak I. \11\         Aleutia  52[deg  172[de  ......  ......  20
                           n I.     ]06.0   g]54.
                                    9 N     23 W
------------------------------------------------------------------------
Seguam I./Saddleridge     Aleutia  52[deg  172[de  52[deg  172[de  20
 Pt. \11\                  n I.     ]21.0   g]34.   ]21.0   g]33.
                                    5 N     40 W    2 N     60 W
------------------------------------------------------------------------
Seguam I./Finch Pt.       Aleutia  52[deg  172[de  52[deg  172[de  20
                           n I.     ]23.4   g]27.   ]23.2   g]24.
                                    0 N     70 W    5 N     30 W
------------------------------------------------------------------------
Seguam I./South Side      Aleutia  52[deg  172[de  52[deg  172[de  20
                           n I.     ]21.6   g]19.   ]15.5   g]31.
                                    0 N     30 W    5 N     22 W
------------------------------------------------------------------------
Amukta I. & Rocks         Aleutia  52[deg  171[de  ......  ......  20
                           n I.     ]27.2   g]17.
                                    5 N     90 W
------------------------------------------------------------------------
Chagulak I.               Aleutia  52[deg  171[de  ......  ......  20
                           n I.     ]34.0   g]10.
                                    0 N     50 W
------------------------------------------------------------------------
Yunaska I.                Aleutia  52[deg  170[de  ......  ......  20
                           n I.     ]41.4   g]36.
                                    0 N     35 W
------------------------------------------------------------------------
Uliaga \3\                Bering   53[deg  169[de  53[deg  169[de  20,10
                           Sea      ]04.0   g]47.   ]05.0   g]46.
                                    0 N     00 W    0 N     00 W
------------------------------------------------------------------------
Chuginadak                Gulf of  52[deg  169[de  ......  ......  20
                           Alaska   ]46.7   g]41.
                                    0 N     90 W
------------------------------------------------------------------------
Kagamil \3\               Bering   53[deg  169[de  20,10
                           Sea      ]02.1   g]41.
                                    0 N     00 W
------------------------------------------------------------------------
Samalga                   Gulf of  52[deg  169[de  ......  ......  20
                           Alaska   ]46.0   g]15.
                                    0 N     00 W
------------------------------------------------------------------------
Adugak I. \3\             Bering   52[deg  169[de  ......  ......  10
                           Sea      ]54.7   g]10.
                                    0 N     50 W
------------------------------------------------------------------------
Umnak I./Cape Aslik \3\   Bering   53[deg  168[de  ......  ......  BA
                           Sea      ]25.0   g]24.
                                    0 N     50 W
------------------------------------------------------------------------
Ogchul I.                 Gulf of  52[deg  168[de  ......  ......  20
                           Alaska   ]59.7   g]24.
                                    1 N     24 W
------------------------------------------------------------------------
Bogoslof I./Fire I. \3\   Bering   53[deg  168[de  ......  ......  BA
                           Sea      ]55.6   g]02.
                                    9 N     05 W
------------------------------------------------------------------------
Polivnoi Rock             Gulf of  53[deg  167[de  ......  ......  20
                           Alaska   ]15.9   g]57.
                                    6 N     99 W
------------------------------------------------------------------------
Emerald I.                Gulf of  53[deg  167[de  ......  ......  20
                           Alaska   ]17.5   g]51.
                                    0 N     50 W
------------------------------------------------------------------------
Unalaska/Cape Izigan      Gulf of  53[deg  167[de  ......  ......  20
                           Alaska   ]13.6   g]39.
                                    4 N     37 W
------------------------------------------------------------------------

[[Page 866]]

 
Unalaska/Bishop Pt. \9\   Bering   53[deg  166[de  ......  ......  10
                           Sea      ]58.4   g]57.
                                    0 N     50 W
------------------------------------------------------------------------
Akutan I./Reef-lava \9\   Bering   54[deg  166[de  54[deg  166[de  10
                           Sea      ]08.1   g]06.   ]09.1   g]05.
                                    0 N     19 W    0 N     50 W
------------------------------------------------------------------------
Unalaska I./Cape Sedanka  Gulf of  53[deg  166[de  ......  ......  20
 \6\                       Alaska   ]50.5   g]05.
                                    0 N     00 W
------------------------------------------------------------------------
Old Man Rocks \6\         Gulf of  53[deg  166[de  ......  ......  20
                           Alaska   ]52.2   g]04.
                                    0 N     90 W
------------------------------------------------------------------------
Akutan I./Cape Morgan     Gulf of  54[deg  165[de  54[deg  166[de  20
 \6\                       Alaska   ]03.3   g]59.   ]03.7   g]03.
                                    9 N     65 W    0 N     68 W
------------------------------------------------------------------------
Akun I./Billings Head     Bering   54[deg  165[de  54[deg  165[de  10
 \9\                       Sea      ]17.6   g]32.   ]17.5   g]31.
                                    2 N     06 W    7 N     71 W
------------------------------------------------------------------------
Rootok \6\                Gulf of  54[deg  165[de  54[deg  165[de  20
                           Alaska   ]03.9   g]31.   ]02.9   g]29.
                                    0 N     90 W    0 N     50 W
------------------------------------------------------------------------
Tanginak I. \6\           Gulf of  54[deg  165[de  ......  ......  20
                           Alaska   ]12.0   g]19.
                                    0 N     40 W
------------------------------------------------------------------------
Tigalda/Rocks NE \6\      Gulf of  54[deg  164[de  54[deg  164[de  20
                           Alaska   ]09.6   g]59.   ]09.1   g]57.
                                    0 N     00 W    2 N     18 W
------------------------------------------------------------------------
Unimak/Cape Sarichef \9\  Bering   54[deg  164[de  ......  ......  10
                           Sea      ]34.3   g]56.
                                    0 N     80 W
------------------------------------------------------------------------
Aiktak \6\                Gulf of  54[deg  164[de  ......  ......  20
                           Alaska   ]10.9   g]51.
                                    9 N     15 W
------------------------------------------------------------------------
Ugamak I. \6\             Gulf of  54[deg  164[de  54[deg  164[de  20
                           Alaska   ]13.5   g]47.   ]12.8   g]47.
                                    0 N     50 W    0 N     50 W
------------------------------------------------------------------------
Round (GOA) \6\           Gulf of  54[deg  164[de  ......  ......  20
                           Alaska   ]12.0   g]46.
                                    5 N     60 W
------------------------------------------------------------------------
Sea Lion Rock (Amak) \9\  Bering   55[deg  163[de  ......  ......  10
                           Sea      ]27.8   g]12.
                                    2 N     10 W
------------------------------------------------------------------------
Amak I. And rocks \9\     Bering   55[deg  163[de  55[deg  163[de  10
                           Sea      ]24.2   g]09.   ]26.1   g]08.
                                    0 N     60 W    5 N     50 W
------------------------------------------------------------------------
Bird I.                   Gulf of  54[deg  163[de  ......  ......  10
                           Alaska   ]40.0   g]17.
                                    0 N     2 W
------------------------------------------------------------------------
Caton I.                  Gulf of  54[deg  162[de  ......  ......  3
                           Alaska   ]22.7   g]21.
                                    0 N     30 W
------------------------------------------------------------------------
South Rocks               Gulf of  54[deg  162[de  ......  ......  10
                           Alaska   ]18.1   g]41.
                                    4 N     3 W
------------------------------------------------------------------------
Clubbing Rocks (S)        Gulf of  54[deg  162[de  ......  ......  10
                           Alaska   ]41.9   g]26.
                                    8 N     7 W
------------------------------------------------------------------------
Clubbing Rocks (N)        Gulf of  54[deg  162[de  ......  ......  10
                           Alaska   ]42.7   g]26.
                                    5 N     7 W
------------------------------------------------------------------------
Pinnacle Rock             Gulf of  54[deg  161[de  ......  ......  3
                           Alaska   ]46.0   g]45.
                                    6 N     85 W
------------------------------------------------------------------------
Sushilnoi Rocks           Gulf of  54[deg  161[de  ......  ......  10
                           Alaska   ]49.3   g]42.
                                    0 N     73 W
------------------------------------------------------------------------
Olga Rocks                Gulf of  55[deg  161[de  54[deg  161[de  10
                           Alaska   ]00.4   g]29.   ]59.0   g]30.
                                    5 N     81 W    9 N     89 W
------------------------------------------------------------------------
Jude I.                   Gulf of  55[deg  161[de  ......  ......  20
                           Alaska   ]15.7   g]06.
                                    5 N     27 W
------------------------------------------------------------------------
Sea Lion Rocks            Gulf of  55[deg  160[de  ......  ......  3
 (Shumagins)               Alaska   ]04.7   g]31.
                                    0 N     04 W
------------------------------------------------------------------------
Nagai I./Mountain Pt.     Gulf of  54[deg  160[de  54[deg  160[de  3
                           Alaska   ]54.2   g]15.   ]56.0   g]15.
                                    0 N     40 W    0 N     00 W
------------------------------------------------------------------------
The Whaleback             Gulf of  55[deg  160[de  ......  ......  3
                           Alaska   ]16.8   g]05.
                                    2 N     04 W
------------------------------------------------------------------------
Chernabura I.             Gulf of  54[deg  159[de  54[deg  159[de  20
                           Alaska   ]45.1   g]32.   ]45.8   g]35.
                                    8 N     99 W    7 N     74 W
------------------------------------------------------------------------
Castle Rock               Gulf of  55[deg  159[de  ......  ......  3
                           Alaska   ]16.4   g]29.
                                    7 N     77 W
------------------------------------------------------------------------
Atkins I.                 Gulf of  55[deg  159[de  ......  ......  20
                           Alaska   ]03.2   g]17.
                                    0 N     40 W
------------------------------------------------------------------------
Spitz I.                  Gulf of  55[deg  158[de  ......  ......  3
                           Alaska   ]46.6   g]53.
                                    0 N     90 W
------------------------------------------------------------------------
Mitrofania                Gulf of  55[deg  158[de  ......  ......  3
                           Alaska   ]50.2   g]41.
                                    0 N     90 W
------------------------------------------------------------------------
Kak                       Gulf of  56[deg  157[de  ......  ......  20
                           Alaska   ]17.3   g]50.
                                    0 N     10 W
------------------------------------------------------------------------
Lighthouse Rocks          Gulf of  55[deg  157[de  ......  ......  20
                           Alaska   ]46.7   g]24.
                                    9 N     89 W
------------------------------------------------------------------------
Sutwik I.                 Gulf of  56[deg  157[de  56[deg  157[de  20
                           Alaska   ]31.0   g]20.   ]32.0   g]21.
                                    5 N     47 W    0 N     00 W
------------------------------------------------------------------------
Chowiet I.                Gulf of  56[deg  156[de  56[deg  156[de  20
                           Alaska   ]00.5   g]41.   ]00.3   g]41.
                                    4 N     42 W    0 N     60 W
------------------------------------------------------------------------
Nagai Rocks               Gulf of  55[deg  155[de  ......  ......  20
                           Alaska   ]49.8   g]47.
                                    0 N     50 W
------------------------------------------------------------------------

[[Page 867]]

 
Chirikof I.               Gulf of  55[deg  155[de  55[deg  155[de  20
                           Alaska   ]46.5   g]39.   ]46.4   g]43.
                                    0 N     50 W    4 N     46 W
------------------------------------------------------------------------
Puale Bay \12\            Gulf of  57[deg  155[de  3,10
                           Alaska   ]40.6   g]23.
                                    0 N     10 W
------------------------------------------------------------------------
Kodiak/Cape Ikolik        Gulf of  57[deg  154[de  ......  ......  3
                           Alaska   ]17.2   g]47.
                                    0 N     50 W
------------------------------------------------------------------------
Takli I.                  Gulf of  58[deg  154[de  ......  ......  10
                           Alaska   ]01.7   g]31.
                                    5 N     25 W
------------------------------------------------------------------------
Cape Kuliak               Gulf of  58[deg  154[de  ......  ......  10
                           Alaska   ]08.0   g]12.
                                    0 N     50 W
------------------------------------------------------------------------
Cape Gull                 Gulf of  58[deg  154[de  58[deg  154[de  10
                           Alaska   ]11.5   g]09.   ]12.5   g]10.
                                    0 N     60 W    0 N     50 W
------------------------------------------------------------------------
Kodiak/Cape Ugat          Gulf of  57[deg  153[de  ......  ......  10
                           Alaska   ]52.4   g]50.
                                    1 N     97 W
------------------------------------------------------------------------
Sitkinak/Cape Sitkinak    Gulf of  56[deg  153[de  ......  ......  10
                           Alaska   ]34.3   g]50.
                                    0 N     96 W
------------------------------------------------------------------------
Shakun Rock               Gulf of  58[deg  153[de  ......  ......  10
                           Alaska   ]32.8   g]41.
                                    0 N     50 W
------------------------------------------------------------------------
Twoheaded I.              Gulf of  56[deg  153[de  56[deg  153[de  10
                           Alaska   ]54.5   g]32.   ]53.9   g]33.
                                    0 N     75 W    0 N     74 W
------------------------------------------------------------------------
Cape Douglas (Shaw I.)    Gulf of  59[deg  153[de  20, 10
 \12\                      Alaska   ]00.0   g]22.
                                    0 N     50 W
------------------------------------------------------------------------
Kodiak/Cape Barnabas      Gulf of  57[deg  152[de  ......  ......  3
                           Alaska   ]10.2   g]53.
                                    0 N     05 W
------------------------------------------------------------------------
Kodiak/Gull Point \4\     Gulf of  57[deg  152[de  10, 3
                           Alaska   ]21.4   g]36.
                                    5 N     30 W
------------------------------------------------------------------------
Latax Rocks               Gulf of  58[deg  152[de  ......  ......  10
                           Alaska   ]40.1   g]31.
                                    0 N     30 W
------------------------------------------------------------------------
Ushagat I./SW             Gulf of  58[deg  152[de  ......  ......  10
                           Alaska   ]54.7   g]22.
                                    5 N     20 W
------------------------------------------------------------------------
Ugak I. \4\               Gulf of  57[deg  152[de  57[deg  152[de  10, 3
                           Alaska   ]23.6   g]17.   ]21.9   g]17.
                                    0 N     50 W    0 N     40 W
------------------------------------------------------------------------
Sea Otter I.              Gulf of  58[deg  152[de  ......  ......  10
                           Alaska   ]31.1   g]13.
                                    5 N     30 W
------------------------------------------------------------------------
Long I.                   Gulf of  57[deg  152[de  ......  ......  10
                           Alaska   ]46.8   g]12.
                                    2 N     90 W
------------------------------------------------------------------------
Sud I.                    Gulf of  58[deg  152[de  ......  ......  10
                           Alaska   ]54.0   g]12.
                                    0 N     50 W
------------------------------------------------------------------------
Kodiak/Cape Chiniak       Gulf of  57[deg  152[de  ......  ......  10
                           Alaska   ]37.9   g]08.
                                    0 N     25 W
------------------------------------------------------------------------
Sugarloaf I.              Gulf of  58[deg  152[de  ......  ......  20
                           Alaska   ]53.2   g]02.
                                    5 N     40 W
------------------------------------------------------------------------
Sea Lion Rocks (Marmot)   Gulf of  58[deg  151[de  ......  ......  10
                           Alaska   ]20.5   g]48.
                                    3 N     83 W
------------------------------------------------------------------------
Marmot I. \5\             Gulf of  58[deg  151[de  58[deg  151[de  15,
                           Alaska   ]13.6   g]47.   ]09.9   g]52.   20
                                    5 N     75 W    0 N     06 W
------------------------------------------------------------------------
Nagahut Rocks             Gulf of  59[deg  151[de  ......  ......  10
                           Alaska   ]06.0   g]46.
                                    0 N     30 W
------------------------------------------------------------------------
Perl                      Gulf of  59[deg  151[de  ......  ......  10
                           Alaska   ]05.7   g]39.
                                    5 N     75 W
------------------------------------------------------------------------
Gore Point                Gulf of  59[deg  150[de  ......  ......  10
                           Alaska   ]12.0   g]58.
                                    0 N     00 W
------------------------------------------------------------------------
Outer (Pye) I.            Gulf of  59[deg  150[de  59[deg  150[de  20
                           Alaska   ]20.5   g]23.   ]21.0   g]24.
                                    0 N     00 W    0 N     50 W
------------------------------------------------------------------------
Steep Point               Gulf of  59[deg  150[de  ......  ......  10
                           Alaska   ]29.0   g]15.
                                    5 N     40 W
------------------------------------------------------------------------
Seal Rocks (Kenai)        Gulf of  59[deg  149[de  ......  ......  10
                           Alaska   ]31.2   g]37.
                                    0 N     50 W
------------------------------------------------------------------------
Chiswell Islands          Gulf of  59[deg  149[de  ......  ......  10
                           Alaska   ]36.0   g]34.
                                    0 N     00 W
------------------------------------------------------------------------
Rugged Island             Gulf of  59[deg  149[de  59[deg  149[de  10
                           Alaska   ]50.0   g]23.   ]51.0   g]24.
                                    0 N     10 W    0 N     70 W
------------------------------------------------------------------------
Point Elrington \7,10\    Gulf of  59[deg  148[de  ......  ......  20
                           Alaska   ]56.0   g]15.
                                    0 N     20 W
------------------------------------------------------------------------
Perry I. \7\              Gulf of  60[deg  147[de
                           Alaska   ]44.0   g]54.
                                    0 N     60 W
------------------------------------------------------------------------
The Needle \7\            Gulf of  60[deg  147[de
                           Alaska   ]06.6   g]36.
                                    4 N     17 W
------------------------------------------------------------------------
Point Eleanor \7\         Gulf of  60[deg  147[de
                           Alaska   ]35.0   g]34.
                                    0 N     00 W
------------------------------------------------------------------------
Wooded I. (Fish I.)       Gulf of  59[deg  147[de  ......  ......  20
                           Alaska   ]52.9   g]20.
                                    0 N     65 W
------------------------------------------------------------------------
Glacier Island \7\        Gulf of  60[deg  147[de
                           Alaska   ]51.3   g]14.
                                    0 N     50 W
------------------------------------------------------------------------

[[Page 868]]

 
Seal Rocks (Cordova)      Gulf of  60[deg  146[de  ......  ......  20
 \10\                      Alaska   ]09.7   g]50.
                                    8 N     30 W
------------------------------------------------------------------------
Cape Hinchinbrook \10\    Gulf of  60[deg  146[de  ......  ......  20
                           Alaska   ]14.0   g]38.
                                    0 N     50 W
------------------------------------------------------------------------
Middleton I.              Gulf of  59[deg  146[de  ......  ......  10
                           Alaska   ]28.3   g]18.
                                    0 N     80 W
------------------------------------------------------------------------
Hook Point \10\           Gulf of  60[deg  146[de  ......  ......  20
                           Alaska   ]20.0   g]15.
                                    0 N     60 W
------------------------------------------------------------------------
Cape St. Elias            Gulf of  59[deg  144[de  ......  ......  20
                           Alaska   ]47.5   g]36.
                                    0 N     20 W
------------------------------------------------------------------------
\1\Where two sets of coordinates are given, the baseline extends in a
  clockwise direction from the first set of geographic coordinates along
  the shoreline at mean lower-low water to the second set of
  coordinates. Where only one set of coordinates is listed, that
  location is the base point.
\2\Closures as stated in Sec. 679.22(a)(7)(iv), (a)(8)(ii), and
  (b)(2)(ii).
\3\This site lies within the Bogoslof area (BA). The BA 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 / 170[deg]00[min] W, and
  55[deg]00[min] N / 168[deg]11[min]4.75[sec] W.
Closure to directed fishing for pollock around Uliaga and Kagamil is 20
  nm for waters west of 170[deg] W long. and 10 nm for waters east of
  170[deg] W long.
\4\Trawl closure between 0 nm to 10 nm is effective from January 20
  through May 31.
Trawl closure between 0 nm to 3 nm is effective from August 25 through
  November 1.
\5\Trawl closure between 0 nm to 15 nm is effective from January 20
  through May 31.
Trawl closure between 0 nm to 20 nm is effective from August 25 to
  November 1.
\6\Restriction area includes only waters of the Gulf of Alaska Area.
\7\Contact the Alaska Department of Fish and Game for fishery
  restrictions at these sites.
\8\No-fishing zones are the waters between 0 nm and the nm specified in
  column 7 of this table around each site and within the BA.
\9\This site is located in the Bering Sea Pollock Restriction Area,
  closed to pollock trawling during the A season.
This area consists of all waters of the Bering Sea subarea south of a
  line connecting the points
55[deg]46[min]30[sec] N lat. 163[deg]00[min]00[sec] W long.
54[deg]42[min]9[sec] N lat. 165[deg]08[min]00[sec] W long.
54[deg]26[min]30[sec] N lat. 165[deg]40[min]00[sec] W long.
54[deg]18[min]40[sec] N lat. 166[deg]12[min]00[sec] W long. and
54[deg]8[min]50[sec] N lat. 167[deg]00[min]00[sec] W long.
\10\The 20 nm closure around this site is effective in federal waters
  outside of State of Alaska waters of Prince William Sound.
\11\Some or all of the restricted area is located in the Seguam Foraging
  area (SFA) which is closed to all gears types. The SFA 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.
\12\The 3 nm trawl closure around Puale Bay and the 20 nm trawl closure
  around Cape Douglas/Shaw I. are effective January 20 through May 31.
  The 10 nm trawl closure around Puale Bay and the 10 nm trawl closure
  around Cape Douglas/Shaw I. are effective August 25 through November
  1.


[73 FR 76176, Dec. 15, 2008]

[[Page 869]]



Sec. Table 5 to Part 679--Steller Sea Lion Protection Areas Pacific Cod 
                         Fisheries Restrictions
[GRAPHIC] [TIFF OMITTED] TR20DE04.109


[[Page 870]]


[GRAPHIC] [TIFF OMITTED] TR20DE04.110


[[Page 871]]


[GRAPHIC] [TIFF OMITTED] TR20DE04.111


[[Page 872]]


[GRAPHIC] [TIFF OMITTED] TR20DE04.112


[[Page 873]]


[GRAPHIC] [TIFF OMITTED] TR20DE04.113


[[Page 874]]


[GRAPHIC] [TIFF OMITTED] TR20DE04.114


[[Page 875]]


[GRAPHIC] [TIFF OMITTED] TR20DE04.115


[[Page 876]]


[GRAPHIC] [TIFF OMITTED] TR20DE04.116


[69 FR 75867, Dec. 20, 2004]

[[Page 877]]



    Sec. Table 6 to Part 679--Steller Sea Lion Protection Areas Atka 
                     Mackerel Fisheries Restrictions
[GRAPHIC] [TIFF OMITTED] TR08MY03.015


[[Page 878]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.016


[[Page 879]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.017


[[Page 880]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.018


[68 FR 24618, May 8, 2003]

[[Page 881]]



Sec. 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]



    Sec. 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
------------------------------------------------------------------------


[67 FR 4137, Jan. 28, 2002]

[[Page 882]]



                   Sec. Table 9 to Part 679 [Reserved]



    Sec. Table 10 to Part 679--Gulf of Alaska Retainable Percentages
[GRAPHIC] [TIFF OMITTED] TR30NO09.002


[[Page 883]]


[GRAPHIC] [TIFF OMITTED] TR30NO09.003


[[Page 884]]


[GRAPHIC] [TIFF OMITTED] TR30NO09.004


[74 FR 62512, Nov. 30, 2009]

[[Page 885]]



         Sec. Table 11 to Part 679--BSAI Retainable Percentages
[GRAPHIC] [TIFF OMITTED] TR31DE08.017


[73 FR 80310, Dec. 31, 2008]



  Sec. Table 12 to Part 679--Steller Sea Lion Protection Areas, 3nm No 
                        Groundfish Fishing Sites

   Steller Sea Lion Protection Areas, 3nm No Groundfish Fishing Sites
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Column Number 1           2        3       4       5       6       7
------------------------------------------------------------------------
Site Name                 Area or    Boundaries
                           Subare        from
                           a
                           Boundaries to   No
                                 \1\        trans
                                            it
                                            \2\3
                                            (nm)
                                  ---------------------------------
                          .......  Latitu  Longit  Latitu  Longit  .....
                                    de      ude     de      ude
------------------------------------------------------------------------
Walrus I. (Pribilofs)     Bering   57[deg  169[de  ......  ......  Y
                           Sea      ]11.0   g]56.
                                    0 N     00 W
------------------------------------------------------------------------
Attu I./Cape Wrangell     Aleutia  52[deg  172[de  52[deg  172[de  Y
                           n I.     ]54.6   g]27.   ]55.4   g]27.
                                    0 N     90 E    0 N     20 E
------------------------------------------------------------------------
Agattu I./Gillon Pt.      Aleutia  52[deg  173[de  ......  ......  Y
                           n I.     ]24.1   g]21.
                                    3 N     31 E
------------------------------------------------------------------------
Agattu I./Cape Sabak      Aleutia  52[deg  173[de  52[deg  173[de  Y
                           n I.     ]22.5   g]43.   ]21.8   g]41.
                                    0 N     30 E    0 N     40 E
------------------------------------------------------------------------
Buldir I.                 Aleutia  52[deg  175[de  52[deg  175[de  Y
                           n I.     ]20.2   g]54.   ]20.3   g]53.
                                    5 N     03 E    8 N     85 E
------------------------------------------------------------------------
Kiska I./Cape St.         Aleutia  51[deg  177[de  51[deg  177[de  Y
 Stephen                   n I.     ]52.5   g]12.   ]53.5   g]12.
                                    0 N     70 E    0 N     00 E
------------------------------------------------------------------------
Kiska I./Lief Cove        Aleutia  51[deg  177[de  51[deg  177[de  Y
                           n I.     ]57.1   g]20.   ]57.2   g]20.
                                    6 N     41 E    4 N     53 E
------------------------------------------------------------------------
Ayugadak Point            Aleutia  51[deg  178[de  ......  ......  Y
                           n I.     ]45.3   g]24.
                                    6 N     30 E
------------------------------------------------------------------------
Amchitka I./Column Rocks  Aleutia  51[deg  178[de  ......  ......  Y
                           n I.     ]32.3   g]49.
                                    2 N     28 E
------------------------------------------------------------------------
Amchitka I./East Cape     Aleutia  51[deg  179[de  51[deg  179[de  Y
                           n I.     ]22.2   g]27.   ]22.0   g]27.
                                    6 N     93 E    0 N     00 E
------------------------------------------------------------------------
Semisopochnoi/Petrel Pt.  Aleutia  52[deg  179[de  52[deg  179[de  Y
                           n I.     ]01.4   g]36.   ]01.5   g]39.
                                    0 N     90 E    0 N     00 E
------------------------------------------------------------------------
Semisopochnoi I./Pochnoi  Aleutia  51[deg  179[de  ......  ......  Y
 Pt.                       n I.     ]57.3   g]46.
                                    0 N     00 E
------------------------------------------------------------------------
Ulak I./Hasgox Pt.        Aleutia  51[deg  178[de  51[deg  178[de  Y
                           n I.     ]18.9   g]58.   ]18.7   g]59.
                                    0 N     90 W    0 N     60 W
------------------------------------------------------------------------

[[Page 886]]

 
Tag I.                    Aleutia  51[deg  178[de  ......  ......  Y
                           n I.     ]33.5   g]34.
                                    0 N     50 W
------------------------------------------------------------------------
Gramp Rock                Aleutia  51[deg  178[de  ......  ......  Y
                           n I.     ]28.8   g]20.
                                    7 N     58 W
------------------------------------------------------------------------
Adak I.                   Aleutia  51[deg  176[de  51[deg  176[de  Y
                           n I.     ]35.5   g]57.   ]37.4   g]59.
                                    0 N     10 W    0 N     60 W
------------------------------------------------------------------------
Kasatochi I.              Aleutia  52[deg  175[de  ......  ......  Y
                           n I.     ]11.1   g]31.
                                    1 N     00 W
------------------------------------------------------------------------
Agligadak I.              Aleutia  52[deg  172[de  ......  ......  Y
                           n I.     ]06.0   g]54.
                                    9 N     23 W
------------------------------------------------------------------------
Seguam I./Saddleridge     Aleutia  52[deg  172[de  52[deg  172[de  Y
 Pt.                       n I.     ]21.0   g]34.   ]21.0   g]33.
                                    5 N     40 W    2 N     60 W
------------------------------------------------------------------------
Yunaska I.                Aleutia  52[deg  170[de  ......  ......  Y
                           n I.     ]41.4   g]36.
                                    0 N     35 W
------------------------------------------------------------------------
Adugak I.                 Bering   52[deg  169[de  ......  ......  Y
                           Sea      ]54.7   g]10.
                                    0 N     50 W
------------------------------------------------------------------------
Ogchul I.                 Gulf of  52[deg  168[de  ......  ......  Y
                           Alaska   ]59.7   g]24.
                                    1 N     24 W
------------------------------------------------------------------------
Bogoslof I./Fire I.       Bering   53[deg  168[de  ......  ......  Y
                           Sea      ]55.6   g]02.
                                    9 N     05 W
------------------------------------------------------------------------
Akutan I./Cape Morgan     Gulf of  54[deg  165[de  54[deg  166[de  Y
                           Alaska   ]03.3   g]59.   ]03.7   g]03.
                                    9 N     65 W    0 N     68 W
------------------------------------------------------------------------
Akun I./Billings Head     Bering   54[deg  165[de  54[deg  165[de  Y
                           Sea      ]17.6   g]32.   ]17.5   g]31.
                                    2 N     06 W    7 N     71 W
------------------------------------------------------------------------
Ugamak I.                 Gulf of  54[deg  164[de  54[deg  164[de  Y
                           Alaska   ]13.5   g]47.   ]12.8   g]47.
                                    0 N     50 W    0 N     50 W
------------------------------------------------------------------------
Sea Lion Rock (Amak)      Bering   55[deg  163[de  ......  ......  Y
                           Sea      ]27.8   g]12.
                                    2 N     10 W
------------------------------------------------------------------------
Clubbing Rocks (S)        Gulf of  54[deg  162[de  ......  ......  Y
                           Alaska   ]41.9   g]26.
                                    8 N     7 W
------------------------------------------------------------------------
Clubbing Rocks (N)        Gulf of  54[deg  162[de  ......  ......  Y
                           Alaska   ]42.7   g]26.
                                    5 N     7 W
------------------------------------------------------------------------
Pinnacle Rock             Gulf of  54[deg  161[de  ......  ......  Y
                           Alaska   ]46.0   g]45.
                                    6 N     85 W
------------------------------------------------------------------------
Chernabura I.             Gulf of  54[deg  159[de  54[deg  159[de  Y
                           Alaska   ]45.1   g]32.   ]45.8   g]35.
                                    8 N     99 W    7 N     74 W
------------------------------------------------------------------------
Atkins I.                 Gulf of  55[deg  159[de  ......  ......  Y
                           Alaska   ]03.2   g]17.
                                    0 N     40 W
------------------------------------------------------------------------
Chowiet I.                Gulf of  56[deg  156[de  56[deg  156[de  Y
                           Alaska   ]00.5   g]41.   ]00.3   g]41.
                                    4 N     42 W    0 N     60 W
------------------------------------------------------------------------
Chirikof I.               Gulf of  55[deg  155[de  55[deg  155[de  Y
                           Alaska   ]46.5   g]39.   ]46.4   g]43.
                                    0 N     50 W    4 N     46 W
------------------------------------------------------------------------
Sugarloaf I.              Gulf of  58[deg  152[de  ......  ......  Y
                           Alaska   ]53.2   g]02.
                                    5 N     40 W
------------------------------------------------------------------------
Marmot I.                 Gulf of  58[deg  151[de  58[deg  151[de  Y
                           Alaska   ]13.6   g]47.   ]09.9   g]52.
                                    5 N     75 W    0 N     06 W
------------------------------------------------------------------------
Outer (Pye) I.            Gulf of  59[deg  150[de  59[deg  150[de  Y
                           Alaska   ]20.5   g]23.   ]21.0   g]24.
                                    0 N     00 W    0 N     50 W
------------------------------------------------------------------------
Wooded I. (Fish I.)       Gulf of  59[deg  147[de
                           Alaska   ]52.9   g]20.
                                    0 N     65 W
------------------------------------------------------------------------
Seal Rocks (Cordova)      Gulf of  60[deg  146[de
                           Alaska   ]09.7   g]50.
                                    8 N     30 W
------------------------------------------------------------------------
\1\Where two sets of coordinates are given, the baseline extends in a
  clock-wise direction from the first set of geographic coordinates
  along the shoreline at mean lower-low water to the second set of
  coordinates. Where only one set of coordinates is listed, that
  location is the base point.
\2\See 50 CFR 223.202(a)(2)(i) for regulations regarding 3 nm no transit
  zones.
Note: No groundfish fishing zones are the waters between 0 nm to 3 nm
  surrounding each site.


[73 FR 76180, Dec. 15, 2008]



            Sec. Table 13 to Part 679--Transfer Form Summary

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           Dockside    Landing
   If participant type is * * *     And has * * * Fish   And is involved in  VAR \1\  PTR \2\   Trans-ship   Departure      sales      receipt   BSR \7\
                                     product onboard       this activity                           \3\       report \4\  receipt \5\     \6\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel greater than 60 ft  Only non-IFQ         Vessel leaving or         X   .......  ...........  ...........  ...........  .........
 LOA, mothership or catcher/        groundfish.          entering Alaska.
 processor.

[[Page 887]]

 
Catcher vessel greater than 60 ft  Only IFQ sablefish,  Vessel leaving       .......  .......  ...........           X   ...........  .........
 LOA, mothership or catcher/        IFQ halibut, CDQ     Alaska.
 processor.                         halibut, or CR
                                    crab.
Catcher vessel greater than 60 ft  Combination of IFQ   Vessel leaving            X   .......  ...........           X   ...........  .........
 LOA, mothership or catcher/        sablefish, IFQ       Alaska.
 processor.                         halibut, CDQ
                                    halibut, or CR
                                    crab and non-IFQ
                                    groundfish.
Mothership, catcher/processor,     Non-IFQ groundfish.  Shipment of          .......       X   ...........  ...........  ...........  .........
 shoreside processor, or SFP.                            groundfish product.
Mothership, catcher/processor,     Donated PSC........  Shipment of donated  .......       X   ...........  ...........  ...........  .........
 shoreside processor, or SFP.                            PSC.
Buying station or tender vessel..  Groundfish.........  Receive or deliver   .......  .......  ...........  ...........  ...........  .........       X
                                                         groundfish in
                                                         association with a
                                                         shoreside
                                                         processor, SFP, or
                                                         mothership.
Registered Buyer.................  IFQ sablefish, IFQ   Transfer of product  .......       X   ...........  ...........  ...........  .........
                                    halibut, or CDQ
                                    halibut.
A person holding a valid IFQ       IFQ sablefish, IFQ   Transfer of product  .......  .......  ...........  ...........         XXX   .........
 permit, IFQ hired master permit,   halibut, or CDQ
 or Registered Buyer permit.        halibut.
Registered Buyer.................  IFQ sablefish, IFQ   Transfer from        .......  .......  ...........  ...........  ...........        XX
                                    halibut, or CDQ      landing site to
                                    halibut.             Registered Buyer's
                                                         processing
                                                         facility.
Vessel operator..................  Processed IFQ        Transshipment        .......  .......        XXXX   ...........  ...........  .........
                                    sablefish, IFQ       between vessels.
                                    halibut, CDQ
                                    halibut, or CR
                                    crab.
Registered Crab Receiver.........  CR crab............  Transfer of product  .......       X   ...........  ...........  ...........  .........
Registered Crab Receiver.........  CR crab............  Transfer from        .......  .......  ...........  ...........  ...........        XX
                                                         landing site to
                                                         RCR's processing
                                                         facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ A vessel activity report (VAR) is described at Sec. 679.5(k).
\2\ A product transfer report (PTR) is described at Sec. 679.5(g).
\3\ An IFQ transshipment authorization is described at Sec. 679.5(l)(3).
\4\ An IFQ departure report is described at Sec. 679.5(l)(4).
\5\ An IFQ dockside sales receipt is described at Sec. 679.5(g)(2)(iv).
\6\ A landing receipt is described at Sec. 679.5(e)(8)(vii).
\7\ A buying station report (BSR) is described at Sec. 679.5(d).
X indicates under what circumstances each report is submitted.

[[Page 888]]

 
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.


[74 FR 62514, Nov. 30, 2009]



      Sec. Table 14a to Part 679--Port of Landing Codes \1\, Alaska

------------------------------------------------------------------------
       Port Name                NMFS Code               ADF&G Code
------------------------------------------------------------------------
Adak                     186                      ADA
------------------------------------------------------------------------
Akutan, Akutan Bay       101                      AKU
------------------------------------------------------------------------
Alitak                   103                      ALI
------------------------------------------------------------------------
Anchorage                105                      ANC
------------------------------------------------------------------------
Angoon                   106                      ANG
------------------------------------------------------------------------
Aniak                    300                      ANI
------------------------------------------------------------------------
Anvik                    301                      ANV
------------------------------------------------------------------------
Atka                     107                      ATK
------------------------------------------------------------------------
Auke Bay                 136                      JNU
------------------------------------------------------------------------
Beaver Inlet             119                      DUT
------------------------------------------------------------------------
Bethel                   302                      BET
------------------------------------------------------------------------
Captains Bay             119                      DUT
------------------------------------------------------------------------
Chefornak                189                      CHF
------------------------------------------------------------------------
Chignik                  113                      CHG
------------------------------------------------------------------------
Cordova                  115                      COR
------------------------------------------------------------------------
Craig                    116                      CRG
------------------------------------------------------------------------
Dillingham               117                      DIL
------------------------------------------------------------------------
Douglas                  136                      JNU
------------------------------------------------------------------------
Dutch Harbor/Unalaska    119                      DUT
------------------------------------------------------------------------
Egegik                   122                      EGE
------------------------------------------------------------------------
Ekuk                     303                      EKU
------------------------------------------------------------------------
Elfin Cove               123                      ELF
------------------------------------------------------------------------
Emmonak                  304                      EMM
------------------------------------------------------------------------
Excursion Inlet          124                      XIP
------------------------------------------------------------------------
False Pass               125                      FSP
------------------------------------------------------------------------
Fairbanks                305                      FBK
------------------------------------------------------------------------
Galena                   306                      GAL
------------------------------------------------------------------------
Glacier Bay              307                      GLB
------------------------------------------------------------------------
Glennallen               308                      GLN
------------------------------------------------------------------------
Gustavus                 127                      GUS
------------------------------------------------------------------------
Haines                   128                      HNS
------------------------------------------------------------------------
Homer                    132                      HOM
------------------------------------------------------------------------
Hoonah                   133                      HNH
------------------------------------------------------------------------
Hydaburg                 309                      HYD
------------------------------------------------------------------------
Hyder                    134                      HDR
------------------------------------------------------------------------
Juneau                   136                      JNU
------------------------------------------------------------------------
Kake                     137                      KAK
------------------------------------------------------------------------
Kaltag                   310                      KAL
------------------------------------------------------------------------
Kasilof                  138                      KAS
------------------------------------------------------------------------
Kenai                    139                      KEN
------------------------------------------------------------------------
Kenai River              139                      KEN
------------------------------------------------------------------------
Ketchikan                141                      KTN
------------------------------------------------------------------------
King Cove                142                      KCO
------------------------------------------------------------------------
King Salmon              143                      KNG
------------------------------------------------------------------------
Kipnuk                   144                      KIP
------------------------------------------------------------------------
Klawock                  145                      KLA
------------------------------------------------------------------------
Kodiak                   146                      KOD
------------------------------------------------------------------------
Kotzebue                 311                      KOT
------------------------------------------------------------------------
Larsen Bay               327                      LRB
------------------------------------------------------------------------
Mekoryuk                 147                      MEK
------------------------------------------------------------------------
Metlakatla               148                      MET
------------------------------------------------------------------------
Moser Bay                312                      MOS
------------------------------------------------------------------------
Naknek                   149                      NAK
------------------------------------------------------------------------
Nenana                   313                      NEN
------------------------------------------------------------------------
Nikiski (or Nikishka)    150                      NIK
------------------------------------------------------------------------
Ninilchik                151                      NIN
------------------------------------------------------------------------
Nome                     152                      NOM
------------------------------------------------------------------------
Nunivak Island           314                      NUN
------------------------------------------------------------------------
Old Harbor               153                      OLD
------------------------------------------------------------------------
Other Alaska \1\         499                      OAK
------------------------------------------------------------------------
Pelican                  155                      PEL
------------------------------------------------------------------------
Petersburg               156                      PBG
------------------------------------------------------------------------
Port Alexander           158                      PAL
------------------------------------------------------------------------
Port Armstrong           315                      PTA
------------------------------------------------------------------------
Port Bailey              159                      PTB
------------------------------------------------------------------------
Port Graham              160                      GRM
------------------------------------------------------------------------
Port Lions               316                      LIO
------------------------------------------------------------------------

[[Page 889]]

 
Port Moller              317                      MOL
------------------------------------------------------------------------
Port Protection          161                      PRO
------------------------------------------------------------------------
Quinhagak                187                      QUK
------------------------------------------------------------------------
Sand Point               164                      SPT
------------------------------------------------------------------------
Savoonga                 165                      SAV
------------------------------------------------------------------------
Selawik                  326                      SWK
------------------------------------------------------------------------
Seldovia                 166                      SEL
------------------------------------------------------------------------
Seward                   167                      SEW
------------------------------------------------------------------------
Sitka                    168                      SIT
------------------------------------------------------------------------
Skagway                  169                      SKG
------------------------------------------------------------------------
Soldotna                 318                      SOL
------------------------------------------------------------------------
St. George               170                      STG
------------------------------------------------------------------------
St. Mary                 319                      STM
------------------------------------------------------------------------
St. Paul                 172                      STP
------------------------------------------------------------------------
Tee Harbor               136                      JNU
------------------------------------------------------------------------
Tenakee Springs          174                      TEN
------------------------------------------------------------------------
Togiak                   176                      TOG
------------------------------------------------------------------------
Toksook Bay              177                      TOB
------------------------------------------------------------------------
Tununak                  178                      TUN
------------------------------------------------------------------------
Ugashik                  320                      UGA
------------------------------------------------------------------------
Unalakleet               321                      UNA
------------------------------------------------------------------------
Valdez                   181                      VAL
------------------------------------------------------------------------
Wasilla                  322                      WAS
------------------------------------------------------------------------
Whittier                 183                      WHT
------------------------------------------------------------------------
Wrangell                 184                      WRN
------------------------------------------------------------------------
Yakutat                  185                      YAK
------------------------------------------------------------------------
\1\To report a landing at an Alaska location not currently assigned a
  location code number, use ``Other Alaska'' code ``499'' or ``OAK.''


[73 FR 76186, Dec. 15, 2008]

        Table 14b to Part 679--Port of Landing Codes: Non-Alaska

              (California, Canada, Oregon, and Washington)
------------------------------------------------------------------------
  Port State or
     Country           Port Name          NMFS Code        ADF&G Code
------------------------------------------------------------------------
CALIFORNIA         Eureka             500               EUR
                  ------------------------------------------------------
                   Other California   599               OCA
                    \1\
------------------------------------------------------------------------
CANADA             Other Canada \1\   899               OCN
                  ------------------------------------------------------
                   Port Edward, B.C.  802               PRU
                  ------------------------------------------------------
                   Prince Rupert,     802               PRU
                    B.C.
                  ------------------------------------------------------
                   Vancouver, B.C.    803               VAN
------------------------------------------------------------------------
OREGON             Astoria            600               AST
                  ------------------------------------------------------
                   Newport            603               NPT
                  ------------------------------------------------------
                   Other Oregon \1\   699               OOR
                  ------------------------------------------------------
                   Portland           323               POR
                  ------------------------------------------------------
                   Warrenton          604               WAR
------------------------------------------------------------------------
WASHINGTON         Anacortes          700               ANA
                  ------------------------------------------------------
                   Bellingham         702               BEL
                  ------------------------------------------------------
                   Blaine             717               BLA
                  ------------------------------------------------------
                   Everett            704               EVT
                  ------------------------------------------------------
                   La Conner          708               LAC
                  ------------------------------------------------------
                   Olympia            324               OLY
                  ------------------------------------------------------
                   Other Washington   799               OWA
                    \1\
                  ------------------------------------------------------
                   Seattle            715               SEA
                  ------------------------------------------------------

[[Page 890]]

 
                   Tacoma             325               TAC
------------------------------------------------------------------------
\1\To report a landing at a location not currently assigned a location
  code number, use the code for ``Other California'', ``Other Oregon'',
  ``Other Washington'', or ``Other Canada'' at which the landing occurs.


[73 FR 76186, Dec. 15, 2008]



Sec. Table 14c--At-sea Operation Type Codes To Be Used as Port Codes for 
                 Vessels Matching This Type of Operation

----------------------------------------------------------------------------------------------------------------
                                               Description of code
-----------------------------------------------------------------------------------------------------------------
                   Code                         NMFS Alaska region                        ADF&G
----------------------------------------------------------------------------------------------------------------
FCP......................................  Catcher/processor...........  Floating catcher processor.
FLD......................................  Mothership..................  Floating domestic mothership.
IFP......................................  Stationary Floating           Inshore floating processor--processing
                                            Processor.                    in State of Alaska waters only.
----------------------------------------------------------------------------------------------------------------


[70 FR 10238, Mar. 2, 2005]



      Sec. Table 15 to Part 679--Gear Codes, Descriptions, and Use

                                        Gear Codes, Descriptions, and Use
                                      (X indicates where this code is used)
----------------------------------------------------------------------------------------------------------------
                     Use alphabetic code to complete the following:  Use numeric code to complete the following:
                    --------------------------------------------------------------------------------------------
    Name of gear      Alpha gear                   Electronic check-  Numeric gear
                         code       NMFS logbooks    in/ check-out        code       IERS eLandings   ADF&G COAR
----------------------------------------------------------------------------------------------------------------
NMFS AND ADF&G GEAR CODES
----------------------------------------------------------------------------------------------------------------
Hook-and-line        HAL           X               X                 61             X                X
----------------------------------------------------------------------------------------------------------------
Jig, mechanical      JIG           X               X                 26             X                X
----------------------------------------------------------------------------------------------------------------
Pot                  POT           X               X                 91             X                X
----------------------------------------------------------------------------------------------------------------
Trawl, nonpelagic/   NPT           X               X                 07             X                X
 bottom
----------------------------------------------------------------------------------------------------------------
Trawl, pelagic/      PTR           X               X                 47             X                X
 midwater
----------------------------------------------------------------------------------------------------------------
Troll, dinglebar     TROLL         X               X                 25             X                X
----------------------------------------------------------------------------------------------------------------
Troll, hand          TROLL         X               X                 05             X                X
----------------------------------------------------------------------------------------------------------------
Troll, power gurdy   TROLL         X               X                 15             X                X
----------------------------------------------------------------------------------------------------------------
All other gear       OTH           X               X
 types
----------------------------------------------------------------------------------------------------------------
ADF&G GEAR CODES
----------------------------------------------------------------------------------------------------------------
Diving                                                               11             X                X
----------------------------------------------------------------------------------------------------------------
Dredge                                                               22             X                X
----------------------------------------------------------------------------------------------------------------
Dredge, hydro/                                                       23             X                X
 mechanical
----------------------------------------------------------------------------------------------------------------
Fish ladder/raceway                                                  77             X                X
----------------------------------------------------------------------------------------------------------------
Fish wheel                                                           08             X                X
----------------------------------------------------------------------------------------------------------------
Gillnet, drift                                                       03             X                X
----------------------------------------------------------------------------------------------------------------
Gillnet, herring                                                     34             X                X
----------------------------------------------------------------------------------------------------------------

[[Page 891]]

 
Gillnet, set                                                         04             X                X
----------------------------------------------------------------------------------------------------------------
Gillnet, sunken                                                      41             X                X
----------------------------------------------------------------------------------------------------------------
Handpicked                                                           12             X                X
----------------------------------------------------------------------------------------------------------------
Net, dip                                                             13             X                X
----------------------------------------------------------------------------------------------------------------
Net, ring                                                            10             X                X
----------------------------------------------------------------------------------------------------------------
Other/specify                                                        99             X                X
----------------------------------------------------------------------------------------------------------------
Pound                                                                21             X                X
----------------------------------------------------------------------------------------------------------------
Seine, purse                                                         01             X                X
----------------------------------------------------------------------------------------------------------------
Seine, beach                                                         02             X                X
----------------------------------------------------------------------------------------------------------------
Shovel                                                               18             X                X
----------------------------------------------------------------------------------------------------------------
Trap                                                                 90             X                X
----------------------------------------------------------------------------------------------------------------
Trawl, beam                                                          17             X                X
----------------------------------------------------------------------------------------------------------------
Trawl, double otter                                                  27             X
----------------------------------------------------------------------------------------------------------------
Trawl, pair                                                          37             X                X
----------------------------------------------------------------------------------------------------------------
Weir                                                                 14             X                X
----------------------------------------------------------------------------------------------------------------
FIXED GEAR
----------------------------------------------------------------------------------------------------------------
Authorized gear for        All longline gear (hook-and-line, jig, troll, and handline) and, for purposes of
 sablefish                  determining initial IFQ allocation, all pot gear used to make a legal landing.
 harvested from any
 GOA reporting area
----------------------------------------------------------------------------------------------------------------
Authorized gear for                            All hook-and-line gear and all pot gear.
 sablefish
 harvested from any
 BSAI reporting
 area
----------------------------------------------------------------------------------------------------------------
Authorized gear for   All fishing gear comprised of lines with hooks attached, including one or more stationary,
 halibut harvested                          buoyed, and anchored lines with hooks attached.
 from any IFQ
 regulatory area
----------------------------------------------------------------------------------------------------------------


[73 FR 76187, Dec. 15, 2008]


[[Page 892]]



  Sec. 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 893]]

 
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]



 Sec. Table 17 to Part 679--Process Codes for Use With State of Alaska 
               Commercial Operator's Annual Report (COAR)

------------------------------------------------------------------------
                                                  Process Codes and
                   Codes                             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 894]]



Sec. 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]

[[Page 895]]



         Sec. Table 19 to Part 679--Seabird Avoidance Gear Codes

------------------------------------------------------------------------
                             VESSEL LOGBOOK
-------------------------------------------------------------------------
                                              SEABIRD AVOIDANCE GEAR OR
                    CODE                               METHOD.
------------------------------------------------------------------------
1                                            Paired Streamer Lines: Used
                                              during deployment of hook-
                                              and-line gear to prevent
                                              birds from taking hooks.
                                              Two streamer lines used,
                                              one on each side of the
                                              main groundline. Each
                                              streamer line consists of
                                              three components: a length
                                              of line, streamers
                                              attached along a portion
                                              of the length and one or
                                              more float devices at the
                                              terminal end. See
                                              performance and material
                                              standards at Sec.
                                              679.24(e)(4)(iii).
------------------------------------------------------------------------
2                                            Single Streamer Line: Used
                                              during deployment of hook-
                                              and-line gear to prevent
                                              birds from taking hooks.
                                              The streamer line consists
                                              of three components: a
                                              length of line, streamers
                                              attached along a portion
                                              of the length and one or
                                              more float devices at the
                                              terminal end. See
                                              performance and material
                                              standards at Sec.
                                              679.24(e)(4)(ii).
------------------------------------------------------------------------
3                                            Single Streamer Line, used
                                              with Snap Gear: Used
                                              during the deployment of
                                              snap gear to prevent birds
                                              from taking hooks. The
                                              streamer line consists of
                                              three components: a length
                                              of line, streamers
                                              attached along a portion
                                              of the length and one or
                                              more float devices at the
                                              terminal end. See
                                              performance and material
                                              standards at Sec.
                                              679.24(e)(4)(iv).
------------------------------------------------------------------------
4                                            Buoy Bag Line: Used during
                                              the deployment of hook-and-
                                              line gear to prevent birds
                                              from taking hooks. A buoy
                                              bag line consists of two
                                              components: a length of
                                              line (without streamers
                                              attached) and one or more
                                              float devices at the
                                              terminal end. See
                                              performance and material
                                              standards at Sec.
                                              679.24(e)(4)(i).
------------------------------------------------------------------------
Other Device used in conjunction with Single Streamer Line or Buoy Bag
 Line
------------------------------------------------------------------------
5                                            Add weights to groundline:
                                              Applying weights to the
                                              groundline for the purpose
                                              of sinking the hook-and-
                                              line gear more quickly and
                                              preventing seabirds from
                                              accessing the baited
                                              hooks.
------------------------------------------------------------------------
6                                            Additional Buoy Bag Line or
                                              Single Streamer Line:
                                              Using a second buoy bag
                                              line or streamer line for
                                              the purpose of enhancing
                                              the effectiveness of these
                                              deterrent devices at
                                              preventing seabirds from
                                              accessing baited hooks.
------------------------------------------------------------------------
7                                            Strategic Offal Discharge:
                                              Discharging fish, fish
                                              parts (i.e., offal) or
                                              spent bait for the purpose
                                              of distracting seabirds
                                              away from the main
                                              groundline while setting
                                              gear.
------------------------------------------------------------------------
Additional Device Used
------------------------------------------------------------------------
8                                            Night Fishing: Setting hook-
                                              and-line gear during dark
                                              (night time hours).
                                            ----------------------------
                                             Line Shooter: A hydraulic
                                              device designed to deploy
                                              hook-and-line gear at a
                                              speed slightly faster than
                                              the vessel's speed during
                                              setting.
                                            ----------------------------
                                             Lining Tube: A device used
                                              to deploy hook-and-line
                                              gear through an underwater-
                                              setting device.
                                            ----------------------------
                                             Other (Describe)
------------------------------------------------------------------------
9                                            No Deterrent Used Due to
                                              Weather. [See weather
                                              exceptions at Sec.
                                              679.24(e)(4)(i),
                                              (e)(4)(ii)(B),
                                              (e)(4)(iii)(B),
                                              (e)(4)(iv)(B), and
                                              (e)(4)(v).]
------------------------------------------------------------------------
0                                            No Deterrent Used.
------------------------------------------------------------------------


[74 FR 13358, Mar. 27, 2009]



   Sec. Table 20 to Part 679--Seabird Avoidance Gear Requirements for 
Vessels, based on Area, Gear, and Vessel Type. (See Sec. 679.24(e) for 
 complete seabird avoidance program requirements; see 679.24(e)(1) for 
                          applicable fisheries)

------------------------------------------------------------------------
 
------------------------------------------------------------------------
If you operate a vessel deploying hook-  then you must use this seabird
 and-line gear, other than snap gear,     avoidance gear in conjunction
 in waters specified at Sec. with requirements at Sec.
 679.24(e)(3), and your vessel is...      679.24(e)...
------------------------------------------------------------------------
26 ft to 55 ft LOA and        minimum of one buoy bag line
 without masts, poles, or rigging
------------------------------------------------------------------------
26 ft to 55 ft LOA and with   minimum of a single streamer
 masts, poles, or rigging                 line of a standard specified
                                          at Sec. 679.24(e)(4)(ii)
------------------------------------------------------------------------
55 ft LOA                     minimum of paired streamer
                                          lines of a standard specified
                                          at Sec. 679.24(e)(4)(iii)
------------------------------------------------------------------------
If you operate a vessel deploying hook-  then you must use this seabird
 and-line gear and use snap gear in       avoidance gear in conjunction
 waters specified at Sec. with requirements at Sec.
 679.24(e)(3), and your vessel is...      679.24(e)...
------------------------------------------------------------------------
26 ft to 55 ft LOA and        minimum of one buoy bag line
 without masts, poles, or rigging
------------------------------------------------------------------------
26 ft to 55 ft LOA and with   minimum of a single streamer
 masts, poles, or rigging                 line of a standard specified
                                          at Sec. 679.24(e)(4)(iv)
------------------------------------------------------------------------

[[Page 896]]

 
55 ft LOA                     minimum of a single streamer
                                          line of a standard specified
                                          at Sec. 679.24(e)(4)(iv)
------------------------------------------------------------------------
If you operate any of the following      then...
 hook-and-line vessels...
------------------------------------------------------------------------
< 32 ft LOA in the State waters of IPHC  you are exempt from seabird
 Area 4E                                  avoidance measures.
----------------------------------------
in NMFS Reporting Area 649 (Prince       ...............................
 William Sound)
----------------------------------------
in State waters of Cook Inlet            ...............................
----------------------------------------
in NMFS Reporting Area 659 (Eastern GOA  ...............................
 Regulatory Area, Southeast Inside
 District), but not including waters in
 the areas south of a straight line at
 56[deg]17.25 N. lat. between Point
 Harris and Port Armstrong in Chatham
 Strait, State statistical areas 325431
 and 325401, and west of a straight
 line at 136[deg]21.17 E. long. from
 Point Wimbledon extending south
 through the Inian Islands to Point
 Lavinia
----------------------------------------
<= 55 ft LOA in IPHC Area 4E but not     ...............................
 including waters south of 60[deg]00.00
 N. lat. and west of 160[deg]00.00 W.
 long.
------------------------------------------------------------------------


[74 FR 13358, Mar. 27, 2009]



    Sec. Table 21 to Part 679--Eligible GOA Communities, Halibut IFQ 
 Regulatory Use Areas, and Community Governing Body that Recommends the 
                         Community Quota Entity

------------------------------------------------------------------------
                                          Community Governing Body that
        Eligible GOA Community                 recommends the CQE
------------------------------------------------------------------------
May use halibut QS only in halibut IFQ regulatory areas 2C, 3A
------------------------------------------------------------------------
Angoon................................  City of Angoon
Coffman Cove..........................  City of Coffman Cove
Craig.................................  City of Craig
Edna Bay..............................  Edna Bay Community Association
Elfin Cove............................  Community of Elfin Cove
Gustavus..............................  Gustavus Community Association
Hollis................................  Hollis Community Council
Hoonah................................  City of Hoonah
Hydaburg..............................  City of Hydaburg
Kake..................................  City of Kake
Kasaan................................  City of Kasaan
Klawock...............................  City of Klawock
Metlakatla............................  Metlakatla Indian Village
Meyers Chuck..........................  N/A
Pelican...............................  City of Pelican
Point Baker...........................  Point Baker Community
Port Alexander........................  City of Port Alexander
Port Protection.......................  Port Protection Community
                                         Association
Tenakee Springs.......................  City of Tenakee Springs
Thorne Bay............................  City of Thorne Bay
Whale Pass............................  Whale Pass Community Association
------------------------------------------------------------------------
May use halibut QS only in halibut IFQ regulatory areas 3A, 3B
------------------------------------------------------------------------
Akhiok................................  City of Akhiok
Chenega Bay...........................  Chenega IRA Village
Chignik...............................  City of Chignik
Chignik Lagoon........................  Chignik Lagoon Village Council
Chignik Lake..........................  Chignik Lake Traditional Council
Halibut Cove..........................  N/A
Ivanof Bay............................  Ivanof Bay Village Council
Karluk................................  Native Village of Karluk
King Cove.............................  City of King Cove
Larsen Bay............................  City of Larsen Bay
Nanwalek..............................  Nanwalek IRA Council
Old Harbor............................  City of Old Harbor
Ouzinkie..............................  City of Ouzinkie

[[Page 897]]

 
Perryville............................  Native Village of Perryville
Port Graham...........................  Port Graham Village Council
Port Lyons............................  City of Port Lyons
Sand Point............................  City of Sand Point
Seldovia..............................  City of Seldovia
Tatitlek..............................  Native Village of Tatitlek
Tyonek................................  Native Village of Tyonek
Yakutat...............................  City of Yakutat
------------------------------------------------------------------------


[69 FR 23694, Apr. 30, 2004]



  Sec. Table 22 to Part 679-- Alaska Seamount Habitat Protection Areas

----------------------------------------------------------------------------------------------------------------
              Area No.                           Name                    Latitude                Longitude
----------------------------------------------------------------------------------------------------------------
1..................................  Dickins Seamount...........  54 39.00 N              136 48.00 W
                                                                  54 39.00 N              137 9.00 W
                                                                  54 27.00 N              137 9.00 W
                                                                  54 27.00 N              136 48.00 W
----------------------------------------------------------------------------------------------------------------
2..................................  Denson Seamount............  54 13.20 N              137 6.00 W
                                                                  54 13.20 N              137 36.00 W
                                                                  53 57.00 N              137 36.00 W
                                                                  53 57.00 N              137 6.00 W
----------------------------------------------------------------------------------------------------------------
3..................................  Brown Seamount.............  55 0.00 N               138 24.00 W
                                                                  55 0.00 N               138 48.00 W
                                                                  54 48.00 N              138 48.00 W
                                                                  54 48.00 N              138 24.00 W
----------------------------------------------------------------------------------------------------------------
4..................................  Welker Seamount............  55 13.80 N              140 9.60 W
                                                                  55 13.80 N              140 33.00 W
                                                                  55 1.80 N               140 33.00 W
                                                                  55 1.80 N               140 9.60 W
----------------------------------------------------------------------------------------------------------------
5..................................  Dall Seamount..............  58 18.00 N              144 54.00 W
                                                                  58 18.00 N              145 48.00 W
                                                                  57 45.00 N              145 48.00 W
                                                                  57 45.00 N              144 54.00 W
----------------------------------------------------------------------------------------------------------------
6..................................  Quinn Seamount.............  56 27.00 N              145 0.00 W
                                                                  56 27.00 N              145 24.00 W
                                                                  56 12.00 N              145 24.00 W
                                                                  56 12.00 N              145 0.00 W
----------------------------------------------------------------------------------------------------------------
7..................................  Giacomini Seamount.........  56 37.20 N              146 7.20 W
                                                                  56 37.20 N              146 31.80 W
                                                                  56 25.20 N              146 31.80 W
                                                                  56 25.20 N              146 7.20 W
----------------------------------------------------------------------------------------------------------------
8..................................  Kodiak Seamount............  57 0.00 N               149 6.00 W
                                                                  57 0.00 N               149 30.00 W
                                                                  56 48.00 N              149 30.00 W
                                                                  56 48.00 N              149 6.00 W
----------------------------------------------------------------------------------------------------------------
9..................................  Odessey Seamount...........  54 42.00 N              149 30.00 W
                                                                  54 42.00 N              150 0.00 W
                                                                  54 30.00 N              150 0.00 W
                                                                  54 30.00 N              149 30.00 W
----------------------------------------------------------------------------------------------------------------
10.................................  Patton Seamount............  54 43.20 N              150 18.00 W
                                                                  54 43.20 N              150 36.00 W
                                                                  54 34.20 N              150 36.00 W
                                                                  54 34.20 N              150 18.00 W
----------------------------------------------------------------------------------------------------------------
11.................................  Chirikof & Marchand          55 6.00 N               151 0.00 W
                                      Seamounts.
                                                                  55 6.00 N               153 42.00 W
                                                                  54 42.00 N              153 42.00 W
                                                                  54 42.00 N              151 0.00 W
----------------------------------------------------------------------------------------------------------------

[[Page 898]]

 
12.................................  Sirius Seamount............  52 6.00 N               160 36.00 W
                                                                  52 6.00 N               161 6.00 W
                                                                  51 57.00 N              161 6.00 W
                                                                  51 57.00 N              160 36.00 W
----------------------------------------------------------------------------------------------------------------
13.................................  Derickson Seamount.........  53 0.00 N               161 0.00 W
                                                                  53 0.00 N               161 30.00 W
                                                                  52 48.00 N              161 30.00 W
                                                                  52 48.00 N              161 0.00 W
----------------------------------------------------------------------------------------------------------------
14.................................  Unimak Seamount............  53 48.00 N              162 18.00 W
                                                                  53 48.00 N              162 42.00 W
                                                                  53 39.00 N              162 42.00 W
                                                                  53 39.00 N              162 18.00 W
----------------------------------------------------------------------------------------------------------------
15.................................  Bowers Seamount............  54 9.00 N               174 52.20 E
                                                                  54 9.00 N               174 42.00 E
                                                                  54 4.20 N               174 42.00 E
                                                                  54 4.20 N               174 52.20 E
----------------------------------------------------------------------------------------------------------------
Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set
  of coordinates for each area is connected to the first set of coordinates for the area by a straight line.
  Projected coordinate system is North American Datum 1983, Albers.


[71 FR 36703, June 28, 2006]



  Sec. Table 23 to Part 679--Aleutian Islands Coral Habitat Protection 
                                  Areas

----------------------------------------------------------------------------------------------------------------
              Area No.                           Name                    Latitude                Longitude
----------------------------------------------------------------------------------------------------------------
1..................................  Great Sitkin I.............  52 9.56 N               176 6.14 W
                                                                  52 9.56 N               176 12.44 W
                                                                  52 4.69 N               176 12.44 W
                                                                  52 6.59 N               176 6.12 W
----------------------------------------------------------------------------------------------------------------
2..................................  Cape Moffett I.............  52 0.11 N               176 46.65 W
                                                                  52 0.10 N               176 53.00 W
                                                                  51 55.69 N              176 53.00 W
                                                                  51 55.69 N              176 48.59 W
                                                                  51 57.96 N              176 46.52 W
----------------------------------------------------------------------------------------------------------------
3..................................  Adak Canyon................  51 39.00 N              177 0.00 W
                                                                  51 39.00 N              177 3.00 W
                                                                  51 30.00 N              177 3.00 W
                                                                  51 30.00 N              177 0.00 W
----------------------------------------------------------------------------------------------------------------
4..................................  Bobrof I...................  51 57.35 N              177 19.94 W
                                                                  51 57.36 N              177 29.11 W
                                                                  51 51.65 N              177 29.11 W
                                                                  51 51.71 N              177 19.93 W
----------------------------------------------------------------------------------------------------------------
5..................................  Ulak I.....................  51 25.85 N              178 59.00 W
                                                                  51 25.69 N              179 6.00 W
                                                                  51 22.28 N              179 6.00 W
                                                                  51 22.28 N              178 58.95 W
----------------------------------------------------------------------------------------------------------------
6..................................  Semisopochnoi I............  51 53.10 N              179 53.11 E
                                                                  51 53.10 N              179 46.55 E
                                                                  51 48.84 N              179 46.55 E
                                                                  51 48.89 N              179 53.11 E
----------------------------------------------------------------------------------------------------------------
Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set
  of coordinates for each area is connected to the first set of coordinates for the area by a straight line.
  Projected coordinate system is North American Datum 1983, Albers.


[71 FR 36703, June 28, 2006]

[[Page 899]]



 Sec. Table 24 to Part 679--Except as Noted, Locations in the Aleutian 
   Islands Habitat Conservation Area Open to Nonpelagic Trawl Fishing
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[73 FR9037, Feb. 19, 2008]



    Sec. Table 25 to Part 679--Bowers Ridge Habitat Conservation Zone

----------------------------------------------------------------------------------------------------------------
            Area number                          Name                    Latitude                Longitude
----------------------------------------------------------------------------------------------------------------
1..................................  Bowers Ridge...............  55 10.50 N              178 27.25 E
                                                                  54 54.50 N              177 55.75 E
                                                                  54 5.83 N               179 20.75 E
                                                                  52 40.50 N              179 55.00 W
                                                                  52 44.50 N              179 26.50 W
                                                                  54 15.50 N              179 54.00 W
----------------------------------------------------------------------------------------------------------------
2..................................  Ulm Plateau................  55 5.00 N               177 15.00 E
                                                                  55 5.00 N               175 60.00 E
                                                                  54 34.00 N              175 60.00 E
                                                                  54 34.00 N              177 15.00 E
----------------------------------------------------------------------------------------------------------------
Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set
  of coordinates for each area is connected to the first set of coordinates for the area by a straight line.
  Projected coordinate system is North American Datum 1983, Albers.


[[Page 914]]


[71 FR 36703, June 28, 2006]



Sec. Table 26 to Part 679--Gulf of Alaska Coral Habitat Protection Areas

----------------------------------------------------------------------------------------------------------------
            Area number                          Name                    Latitude                Longitude
----------------------------------------------------------------------------------------------------------------
1..................................  Cape Ommaney 1.............  56 10.85 N              135 5.83 W
                                                                  56 11.18 N              135 7.17 W
                                                                  56 9.53 N               135 7.68 W
                                                                  56 9.52 N               135 7.20 W
----------------------------------------------------------------------------------------------------------------
2..................................  Fairweather FS2............  58 15.00 N              138 52.58 W
                                                                  58 15.00 N              138 54.08 W
                                                                  58 13.92 N              138 54.08 W
                                                                  58 13.92 N              138 52.58 W
----------------------------------------------------------------------------------------------------------------
3..................................  Fairweather FS1............  58 16.00 N              138 59.25 W
                                                                  58 16.00 N              139 9.75 W
                                                                  58 13.17 N              138 59.25 W
----------------------------------------------------------------------------------------------------------------
4..................................  Fairweather FN2............  58 24.10 N              139 14.58 W
                                                                  58 24.10 N              139 18.50 W
                                                                  58 22.55 N              139 18.50 W
                                                                  58 22.55 N              139 14.58 W
----------------------------------------------------------------------------------------------------------------
5..................................  Fairweather FN1............  58 27.42 N              139 17.75 W
                                                                  58 27.42 N              139 19.08 W
                                                                  58 26.32 N              139 19.08 W
                                                                  58 26.32 N              139 17.75 W
----------------------------------------------------------------------------------------------------------------
Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set
  of coordinates for each area is connected to the first set of coordinates for the area by a straight line.
  Projected coordinate system is North American Datum 1983, Albers.


[71 FR 36703, June 28, 2006]



  Sec. Table 27 to Part 679--Gulf of Alaska Slope Habitat Conservation 
                                  Areas

----------------------------------------------------------------------------------------------------------------
            Area number                          Name                    Latitude                Longitude
----------------------------------------------------------------------------------------------------------------
1..................................  Yakutat....................  58 47.00 N              139 55.00 W
                                                                  58 47.00 N              140 32.00 W
                                                                  58 37.00 N              140 32.00 W
                                                                  58 36.97 N              139 54.99 W
----------------------------------------------------------------------------------------------------------------
2..................................  Cape Suckling..............  59 50.00 N              143 20.00 W
                                                                  59 50.00 N              143 30.00 W
                                                                  59 40.00 N              143 30.00 W
                                                                  59 40.00 N              143 20.00 W
----------------------------------------------------------------------------------------------------------------
3..................................  Kayak I....................  59 35.00 N              144 0.00 W
                                                                  59 40.00 N              144 25.00 W
                                                                  59 30.00 N              144 50.00 W
                                                                  59 25.00 N              144 50.00 W
                                                                  59 25.00 N              144 2.00 W
----------------------------------------------------------------------------------------------------------------
4..................................  Middleton I. east..........  59 32.31 N              145 29.09 W
                                                                  59 32.13 N              145 51.14 W
                                                                  59 20.00 N              145 51.00 W
                                                                  59 18.85 N              145 29.39 W
----------------------------------------------------------------------------------------------------------------
5..................................  Middleton I. west..........  59 14.64 N              146 29.63 W
                                                                  59 15.00 N              147 0.00 W
                                                                  59 10.00 N              147 0.00 W
                                                                  59 8.74 N               146 30.16 W
----------------------------------------------------------------------------------------------------------------
6..................................  Cable......................  58 40.00 N              148 0.00 W
                                                                  59 6.28 N               149 0.28 W
                                                                  59 0.00 N               149 0.00 W
                                                                  58 34.91 N              147 59.85 W
----------------------------------------------------------------------------------------------------------------
7..................................  Albatross Bank.............  56 16.00 N              152 40.00 W
                                                                  56 16.00 N              153 20.00 W
                                                                  56 11.00 N              153 20.00 W
                                                                  56 10.00 N              152 40.00 W
----------------------------------------------------------------------------------------------------------------
8..................................  Shumagin I.................  54 51.49 N              157 42.52 W

[[Page 915]]

 
                                                                  54 40.00 N              158 10.00 W
                                                                  54 35.00 N              158 10.00 W
                                                                  54 36.00 N              157 42.00 W
----------------------------------------------------------------------------------------------------------------
9..................................  Sanak I....................  54 12.86 N              162 13.54 W
                                                                  54 0.00 N               163 15.00 W
                                                                  53 53.00 N              163 15.00 W
                                                                  54 5.00 N               162 12.00 W
----------------------------------------------------------------------------------------------------------------
10.................................  Unalaska I.................  53 26.05 N              165 55.55 W
                                                                  53 6.92 N               167 19.40 W
                                                                  52 55.71 N              167 18.20 W
                                                                  53 13.05 N              165 55.55 W
----------------------------------------------------------------------------------------------------------------
Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set
  of coordinates for each area is connected to the first set of coordinates for the area by a straight line.
  Projected coordinate system is North American Datum 1983, Albers.


[71 FR 36703, June 28, 2006]



 Sec. Table 28 to Part 679--Qualifying Season Dates in the Central GOA 
                        Primary Rockfish Species

----------------------------------------------------------------------------------------------------------------
                                                                       Year
    A Legal Rockfish Landing     -------------------------------------------------------------------------------
            includes                 1996        1997        1998        1999       2000       2001       2002
----------------------------------------------------------------------------------------------------------------
Northern rockfish that were       July 1      July 1      July 1      July 1 19  July 4 26  July 1 23  June 30
 harvested between...              July 20     July 10     July 14     and Aug.              and Oct.   July 21
                                                                       6 10                  1 21
----------------------------------------------------------------------------------------------------------------
and landed by ...                 July 27     July 17     July 21     July 26    August 2   July 30    July 28
                                                                       and Aug.              and Oct.
                                                                       17,                   28,
                                                                       respecti              respecti
                                                                       vely                  vely
----------------------------------------------------------------------------------------------------------------
Pelagic shelf rockfish that were  July 1      July 1      July 1      July 4     July 4 26  July 1 23  June 30
 harvested between...              Aug. 7      July 20     July 19     Sept. 3               and Oct.   July 21
                                   and Oct.                                                  1 21
                                   1 Dec. 2
----------------------------------------------------------------------------------------------------------------
and landed by ...                 Aug. 14     July 27     July 26     Sept. 10   Aug. 2     July 30    July 28
                                   and Dec.                                                  and Oct.
                                   9,                                                        28,
                                   respectiv                                                 respecti
                                   ely                                                       vely
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch that were     July 1      July 1      July 1      July 4 11  July 4 15  July 1 12  June 30
 harvested between ...             July 11     July 7      July 6      and Aug.                         July 8
                                                           and July    6 8
                                                           12 14
----------------------------------------------------------------------------------------------------------------
and landed by ...                 July 18     July 14     July 13     July 18    July 22    July 19    July 15
                                                           and July    and Aug.
                                                           21,         15,
                                                           respectiv   respecti
                                                           ely         vely
----------------------------------------------------------------------------------------------------------------


[71 FR 67271, Nov. 20, 2006]



          Sec. Table 29 to Part 679--Initial Rockfish QS Pools

------------------------------------------------------------------------
                                                               Aggregate
                                                                Primary
                              Northern   Pelagic    Pacific     Species
  Initial Rockfish QS Pool    Rockfish    Shelf      ocean      Initial
                                        Rockfish     perch     Rockfish
                                                                QS Pool
------------------------------------------------------------------------
Initial Rockfish QS Pool      9,193,18  7,672,00  18,121,812  34,987,002
                               3 units   8 units   units       units
------------------------------------------------------------------------
Initial Rockfish QS Pool for    Based on the Official Rockfish Program
 the Catcher/Process or               Record on January 31, 2007.
 Sector
------------------------------------------------------------------------
Initial Rockfish QS Pool for    Based on the Official Rockfish Program
 the Catcher Vessel Sector            Record on January 31, 2007.
------------------------------------------------------------------------


[[Page 916]]


[71 FR 67271, Nov. 20, 2006]



 Sec. Table 30 to Part 679--Rockfish Program Retainable Percentages (in 
                          round wt. equivalent)

------------------------------------------------------------------------
                                                            MRA as a
                                                          percentage of
     Fishery        Incidental Catch       Sector        total retained
                        Species                         primary rockfish
                                                             species
------------------------------------------------------------------------
Rockfish           Pacific Cod        Catcher/          4.0 percent
 Cooperative                           Processor
 Fishery for
 vessels fishing
 under a CQ
 permit.
                  ------------------------------------------------------
                   Shortraker/        Catcher Vessel    2.0 percent
                    Rougheye
                    aggregate catch
                  ------------------------------------------------------
                       See NonAllocated Secondary species for ``other
                                          species''
------------------------------------------------------------------------
Rockfish Limited   Pacific Cod        Catcher Vessel    8.0 percent
 Access Fishery.
                  ------------------------------------------------------
                   Pacific Cod        Catcher/          4.0 percent
                                       Processor
                  ------------------------------------------------------
                   Sablefish (trawl   Catcher/          3.0 percent
                    gear)              Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Shortraker/        Catcher/          2.0 percent
                    Rougheye           Processor and
                    aggregate catch    Catcher Vessel
                  ------------------------------------------------------
                   Northern Rockfish  Catcher/          4.0 percent
                                       Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Pelagic Shelf      Catcher/          4.0 percent
                    Rockfish           Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Pacific ocean      Catcher/          4.0 percent
                    perch,             Processor and
                                       Catcher Vessel
------------------------------------------------------------------------
                   Thornyhead         Catcher/          4.0 percent
                    rockfish           Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                    See NonAllocated Secondary species for other species
------------------------------------------------------------------------
Non-Allocated      Pollock            Catcher/          20.0 percent
 Secondary                             Processor and
 Species for                           Catcher Vessel
 vessels fishing
 under a CQ
 permit in
 Rockfish
 Cooperatives and
 Rockfish Limited
 Access
 Fisheries.
                  ------------------------------------------------------
                   DeepWater          Catcher/          20.0 percent
                    flatfish           Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Rex Sole           Catcher/          20.0 percent
                                       Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Flathead Sole      Catcher/          20.0 percent
                                       Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Shallowwater       Catcher/          20.0 percent
                    flatfish           Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Arrowtooth         Catcher/          35.0 percent
                                       Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Other Rockfish     Catcher/          15.0 percent
                                       Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Atka Mackerel      Catcher/          20.0 percent
                                       Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Aggregated forage  Catcher/          2.0 percent
                    fish               Processor and
                                       Catcher Vessel
                  ------------------------------------------------------

[[Page 917]]

 
                   Skates             Catcher/          20.0 percent
                                       Processor and
                                       Catcher Vessel
                  ------------------------------------------------------
                   Other Species      Catcher/          20.0 percent
                                       Processor and
                                       Catcher Vessel
------------------------------------------------------------------------
Longline gear                    See Table 10 to this part.
 Rockfish Entry
 Level Fishery.
------------------------------------------------------------------------
Trawl Rockfish                   See Table 10 to this part.
 Entry Level
 Fishery.
------------------------------------------------------------------------
Optout Fishery.                  See Table 10 to this part.
------------------------------------------------------------------------
Rockfish                         See Table 10 to this part.
 Cooperative
 Vessels not
 fishing under a
 CQ permit
------------------------------------------------------------------------


[71 FR 67272, Nov. 20, 2006]



    Sec. Table 31 to Part 679-- List of Amendment 80 Vessels and LLP 
         Licenses Originally Assigned to an Amendment 80 Vessel

------------------------------------------------------------------------
                                                         Column C:  LLP
                                                        license  number
  Column A:  Name of amendment 80    Column B:  USCG       originally
              vessel                Documentation No.   assigned to the
                                                          Amendment 80
                                                             vessel
------------------------------------------------------------------------
ALASKA JURIS......................             569276           LLG 2082
ALASKA RANGER.....................             550138           LLG 2118
ALASKA SPIRIT.....................             554913           LLG 3043
ALASKA VOYAGER....................             536484           LLG 2084
ALASKA VICTORY....................             569752           LLG 2080
ALASKA WARRIOR....................             590350           LLG 2083
ALLIANCE..........................             622750           LLG 2905
AMERICAN NO I.....................             610654           LLG 2028
ARCTIC ROSE.......................             931446           LLG 3895
ARICA.............................             550139           LLG 2429
BERING ENTERPRISE.................             610869           LLG 3744
CAPE HORN.........................             653806           LLG 2432
CONSTELLATION.....................             640364           LLG 1147
DEFENDER..........................             665983           LLG 3217
ENTERPRISE........................             657383       \1\ LLG 4831
GOLDEN FLEECE.....................             609951           LLG 2524
HARVESTER ENTERPRISE..............             584902           LLG 3741
LEGACY............................             664882           LLG 3714
OCEAN ALASKA......................             623210           LLG 4360
OCEAN PEACE.......................             677399           LLG 2138
PROSPERITY........................             615485           LLG 1802
REBECCA IRENE.....................             697637           LLG 3958
SEAFISHER.........................             575587           LLG 2014
SEAFREEZE ALASKA..................             517242           LLG 4692
TREMONT...........................             529154           LLG 2785
U.S. INTREPID.....................             604439           LLG 3662
UNIMAK............................             637693           LLG 3957
VAERDAL...........................             611225          LLG 1402
------------------------------------------------------------------------
\1\ LLG 4831 is the LLP license originally assigned to the F/V
  ENTERPRISE, USCG Documentation Number 657383 for all relevant purposes
  of this part.


[72 FR 52739, Sept. 14, 2007]

[[Page 918]]



        Sec. Table 32 to Part 679-- Amendment 80 Initial QS Pool

------------------------------------------------------------------------
                                                         Amendment 80
      Amendment 80 species          Management area   initial QS pool in
                                                             units
------------------------------------------------------------------------
Atka mackerel...................  BS/541............  [Sigma] Highest
                                  542...............   Five Years in
                                  543...............   metric tons in
                                                       the Amendment 80
                                                       official record
                                                       as of December
                                                       31, 2007, for
                                                       that Amendment 80
                                                       species in that
                                                       management area.
-----------------------------------------------------
AI Pacific ocean perch..........  541...............
                                  542...............
                                  543...............
-----------------------------------------------------
Flathead sole...................  BSAI..............
Pacific cod.....................  BSAI..............
Rock sole.......................  BSAI..............
Yellowfin sole..................  BSAI..............
------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007]



  Sec. Table 33 to Part 679-- Annual Apportion of Amendment 80 Species 
  ITAC Between the Amendment 80 and BSAI Trawl Limited Access Sectors 
                         (Except Yellowfin Sole)

----------------------------------------------------------------------------------------------------------------
                                                                            Percentage of
                                                                            ITAC allocated   Percentage of ITAC
             Fishery                Management area           Year              to the        allocated to the
                                                                             Amendment 80    BSAI trawl limited
                                                                                sector         access  sector
----------------------------------------------------------------------------------------------------------------
Atka Mackerel...................  543................  All years.........              100                     0
                                 -------------------------------------------------------------------------------
                                  542................  2008..............               98                     2
                                                       2009..............               96                     4
                                                       2010..............               94                     6
                                                       2011..............               93                     8
                                                       2012 and all                     90                    10
                                                        future years.
                                 -------------------------------------------------------------------------------
                                  541/EBS............  2008..............               98                     2
                                                       2009..............               96                     4
                                                       2010..............               94                     6
                                                       2011..............               92                     8
                                                       2012 and all                     90                    10
                                                        future years.
----------------------------------------------------------------------------------------------------------------
Aleutian Islands Pacific ocean    543................  All years.........               98                     2
 perch.
                                 -------------------------------------------------------------------------------
                                  542................  2008..............               95                     5
                                                       2009 and all                     90                    10
                                                        future years.
                                 -------------------------------------------------------------------------------
                                  541................  2008..............               95                     5
                                                       2009 and all                     90                    10
                                                        future years.
----------------------------------------------------------------------------------------------------------------
Pacific cod.....................  BSAI...............  All years.........             13.4                   N/A
----------------------------------------------------------------------------------------------------------------
Rock sole.......................  BSAI...............  All years.........              100                     0
----------------------------------------------------------------------------------------------------------------
Flathead sole...................  BSAI...............  All years.........              100                     0
----------------------------------------------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007; 72 FR 61214, Oct. 29, 2007]

[[Page 919]]



Sec. Table 34 to Part 679-- Annual Apportionment of BSAI Yellowfin Sole 
     Between the Amendment 80 and BSAI Trawl Limited Access Sectors

----------------------------------------------------------------------------------------------------------------
                                                                     then the
                                                                    yellowfin    and the amount   and the amount
                               If the yellowfin                     sole ITAC     of yellowfin     of yellowfin
                                 sole ITAC is                        rate for      sole ITAC        sole ITAC
           Row No.               between . . .       and . . .         the        allocated to     allocated to
                                                                    Amendment     Amendment 80    the BSAI trawl
                                                                    80 sector   Sector is . . .   limited access
                                                                     is . . .                    sector is . . .
 
                              ----------------------------------------------------------------------------------
                               Column A........  Column B........  Column C     Column D.......  Column E
----------------------------------------------------------------------------------------------------------------
Row 1........................  0 mt............  87,499 mt.......        0.93   ITAC x Row 1,    ITAC--Row 1,
                                                                                 Column C.        Column E.
----------------------------------------------------------------------------------------------------------------
Row 2........................  87,500 mt.......  94,999 mt.......        0.875  (Amount of ITAC  ITAC--Row 2,
                                                                                 greater than     Column D.
                                                                                 87,499 mt and
                                                                                 less than
                                                                                 95,000 mt x
                                                                                 Row 2, Column
                                                                                 C) + Row 1,
                                                                                 Column D.
----------------------------------------------------------------------------------------------------------------
Row 3........................  95,000 mt.......  102,499 mt......        0.82   (Amount of ITAC  ITAC--Row 3,
                                                                                 greater than     Column D.
                                                                                 94,999 mt and
                                                                                 less than
                                                                                 102,500 mt x
                                                                                 Row 3, Column
                                                                                 C) + Column D,
                                                                                 Row 2.
----------------------------------------------------------------------------------------------------------------
Row 4........................  102,500 mt......  109,999 mt......        0.765  (Amount of ITAC  ITAC--Row 4,
                                                                                 greater than     Column D.
                                                                                 102,499 mt and
                                                                                 less than
                                                                                 110,000 mt x
                                                                                 Row 4, Column
                                                                                 C) + Column D,
                                                                                 Row 3.
----------------------------------------------------------------------------------------------------------------
Row 5........................  110,000 mt......  117,499 mt......        0.71   (Amount of ITAC  ITAC--Row 5,
                                                                                 greater than     Column D.
                                                                                 109,999 mt and
                                                                                 less than
                                                                                 117,500 mt x
                                                                                 Row 5, Column
                                                                                 C) + Column D,
                                                                                 Row 4.
----------------------------------------------------------------------------------------------------------------
Row 6........................  117,500 mt......  124,999 mt......        0.655  (Amount of ITAC  ITAC--Row 6,
                                                                                 greater than     Column D.
                                                                                 117,499 mt and
                                                                                 less than
                                                                                 125,000 mt x
                                                                                 Row 6, Column
                                                                                 C) + Column D,
                                                                                 Row 5).
----------------------------------------------------------------------------------------------------------------
Row 7........................        125,000 mt and greater              0.6    (Amount of ITAC  ITAC--Row 7,
                                                                                 greater than     Column D.
                                                                                 124,999 mt x
                                                                                 Row 7, Column
                                                                                 C) + Column D,
                                                                                 Row 6.
----------------------------------------------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007]



  Sec. Table 35 to Part 679--Apportionment of Crab PSC and Halibut PSC 
     Between the Amendment 80 and BSAI Trawl Limited Access Sectors

----------------------------------------------------------------------------------------------------------------
                                                                          C. opilio
                                             Halibut PSC   Zone 1 Red     crab PSC      Zone 1 C.     Zone 2 C.
           Fishery                 Year     limit in the    king crab       limit      bairdi crab   bairdi crab
                                                BSAI       PSC limit .   (COBLZ) . .   PSC limit .   PSC limit .
                                                               . .            .            . .           . .
 
                                                         -------------------------------------------------------
                                                             as a percentage of the total BSAI trawl PSC limit
                                                                          after allocation as PSQ
----------------------------------------------------------------------------------------------------------------
Amendment 80 sector..........         2008      2,525 mt         62.48         61.44         52.64         29.59
                                      2009      2,475 mt         59.36         58.37         50.01         28.11
                                      2010      2,425 mt         56.23          55.3         47.38         26.63
                                      2011      2,375 mt         53.11         52.22         44.74         25.15
                                  2012 and      2,325 mt         49.98         49.15         42.11         23.67
                                all future
                                     years
----------------------------------------------------------------------------------------------------------------
BSAI trawl limited access....    All years        875 mt         30.58         32.14         46.99         46.81
----------------------------------------------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007]

[[Page 920]]



  Sec. Table 36 to Part 679-- Percentage of Crab and Halibut PSC Limit 
                  Assigned to Each Amendment 80 Species

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     The percentage of the Amendment 80 sector PSC limit assigned to each Amendment 80
                                                                                                     species is . . .
              For the following PSC  species . . .               ---------------------------------------------------------------------------------------
                                                                                   AI Pacific
                                                                   Atka mackerel   ocean perch  Pacific cod   Flathead sole   Rock sole   Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut.........................................................            3.96          1.87        24.79           13.47        24.19           31.72
Zone 1 Red king crab............................................           0.14%         0.56%        6.88%           0.48%       61.79%          30.16%
C. opilio crab (COBLZ)..........................................              0%         0.06%        6.28%          17.91%        9.84%          65.91%
Zone 1 C. bairdi crab...........................................              0%            0%       17.01%           3.13%       56.15%          23.71%
Zone 2 C. bairdi crab...........................................           0.01%         0.03%        7.92%          37.31%        7.03%          47.70%
--------------------------------------------------------------------------------------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007]



    Sec. Table 37 to Part 679-- GOA Amendment 80 Sideboard Limit for 
                 Groundfish for the Amendment 80 Sector

------------------------------------------------------------------------
  In the following management
    areas in the GOA and in
  adjacent waters open by the       The sideboard
  State of Alaska for which it     limit for . . .         Is . . .
adopts a Federal fishing season
             . . .
------------------------------------------------------------------------
Area 610.......................  Pollock...........  0.3% of the TAC.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½----------------------------------------
Area 620.......................  Pollock...........  0.2% of the TAC.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½----------------------------------------
Area 630.......................  Pollock...........  0.2% of the TAC.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½----------------------------------------
Area 640.......................  Pollock...........  0.2% of the TAC.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½----------------------------------------
West Yakutat District..........  Pacific cod.......  3.4% of the TAC.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Pacific ocean       96.1% of the TAC.
                                  perch.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Pelagic shelf       89.6% of the TAC.
                                  rockfish.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½----------------------------------------
Central GOA....................  Pacific cod.......  4.4% of the TAC.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Pacific ocean       Subject to
                                  perch.              regulations in
                                                      subpart G to this
                                                      part.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Pelagic shelf       Subject to
                                  rockfish.           regulations in
                                                      subpart G to this
                                                      part.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Northern rockfish.  Subject to
                                                      regulations in
                                                      subpart G to this
                                                      part.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½----------------------------------------
Western GOA....................  Pacific cod.......  2.0% of the TAC.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Pacific ocean       99.4% of the TAC.
                                  perch.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Pelagic shelf       76.4% of the TAC.
                                  rockfish.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                 Northern rockfish.  100% of the TAC.
------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007]



Sec. Table 38 to Part 679-- GOA Amendment 80 Sideboard Limit for Halibut 
                     PSC for the Amendment 80 Sector

----------------------------------------------------------------------------------------------------------------
                                  The maximum percentage of the total GOA halibut PSC limit that may be used by
                                all Amendment 80 qualified vessels subject to the halibut PSC sideboard limit in
                                       each season as those seasons are established in the annual harvest
         In the . . .                                        specifications is . . .
                               ---------------------------------------------------------------------------------
                                    Season 1         Season 2        Season 3        Season 4        Season 5
----------------------------------------------------------------------------------------------------------------
Shallow-water species fishery   0.48%..........  1.89%..........  1.46%.........  0.74%.........  2.27%
 as defined in Sec.
 679.21(d)(3)(iii)(A) in the
 GOA or adjacent waters open
 by the State of Alaska for
 which it adopts a Federal
 fishing season.

[[Page 921]]

 
Deep-water species fishery as   1.15%..........  10.72%.........  5.21%.........  0.14%.........  3.71%
 defined in Sec.
 679.21(d)(3)(iii)(B) in the
 GOA or adjacent waters open
 by the State of Alaska for
 which it adopts a Federal
 fishing season.
----------------------------------------------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007]



  Sec. Table 39 to Part 679-- Amendment 80 Vessels That May Be Used to 
                  Directed Fish for Flatfish in the GOA

------------------------------------------------------------------------
                                                    Column B:  USCG
    Column A:  Name of Amendment 80 vessel         Documentation No.
------------------------------------------------------------------------
ALLIANCE.....................................                     622750
AMERICAN NO I................................                     610654
DEFENDER.....................................                     665983
GOLDEN FLEECE................................                     609951
LEGACY.......................................                     664882
OCEAN ALASKA.................................                     623210
OCEAN PEACE..................................                     677399
SEAFREEZE ALASKA.............................                     517242
U.S. INTREPID................................                     604439
UNIMAK.......................................                     637693
VAERDAL......................................                     611225
------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007]



  Sec. Table 40 to Part 679--BSAI Halibut PSC Sideboard Limits for AFA 
               Catcher/Processors and AFA Catcher Vessels

----------------------------------------------------------------------------------------------------------------
                                                                    The AFA catcher/      The AFA catcher vessel
 In the following target species categories as defined in Sec. processor halibut PSC    halibut PSC sideboard
                     679.21(e)(3)(iv) . . .                        sideboard limit in    limit in metric tons is
                                                                  metric tons is . . .            . . .
----------------------------------------------------------------------------------------------------------------
All target species categories.................................                      286                      N/A
Pacific cod trawl.............................................                      N/A                      887
Pacific cod hook-and-line or pot..............................                      N/A                        2
Yellowfin sole................................................                      N/A                      101
Rock sole/flathead sole/other flatfish \1\....................                      N/A                      228
Turbot/Arrowtooth/Sablefish...................................                      N/A                        0
Rockfish \2\..................................................                      N/A                        2
Pollock/Atka mackerel/other species...........................                      N/A                        5
----------------------------------------------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Greenland turbot, rock sole, flathead sole, yellowfin sole, and arrowtooth flounder.
\2\ Applicable from July 1 through December 31.


[72 FR 52739, Sept. 14, 2007]



   Sec. Table 41 to Part 679--BSAI Crab PSC Sideboard Limits for AFA 
               Catcher/Processors and AFA Catcher Vessels

----------------------------------------------------------------------------------------------------------------
                                    The AFA catcher/processor
 For the following crab species    crab PSC sideboard limit is   The AFA catcher vessel crab   Multiplied by . .
  in the following areas . . .       equal to the following     PSC sideboard limit is equal           .
                                           ratio . . .          to the following ratio . . .
----------------------------------------------------------------------------------------------------------------
Red king crab Zone 1............                         0.007                         0.299  The PSC amount in
                                                                                               number of animals
                                                                                               available to
                                                                                               trawl vessels in
                                                                                               the BSAI after
                                                                                               allocation of PSQ
                                                                                               established in
                                                                                               the annual
                                                                                               harvest
                                                                                               specifications
                                                                                               for that calendar
                                                                                               year.
---------------------------------------------------------------------------------------------

[[Page 922]]

 
C. opilio crab (COBLZ)..........                         0.153                         0.168
---------------------------------------------------------------------------------------------
Zone 1C. bairdi crab............                          0.14                          0.33
---------------------------------------------------------------------------------------------
Zone 2C. bairdi crab............                          0.05                         0.186
----------------------------------------------------------------------------------------------------------------


[72 FR 52739, Sept. 14, 2007]



     Sec. Table 42 to Part 679--Bering Sea Habitat Conservation Area

------------------------------------------------------------------------
                  Longitude                            Latitude
------------------------------------------------------------------------
179 19.95W                                    59 25.15N
------------------------------------------------------------------------
177 51.76W                                    58 28.85N
------------------------------------------------------------------------
175 36.52W                                    58 11.78N
------------------------------------------------------------------------
174 32.36W                                    58 8.37N
------------------------------------------------------------------------
174 26.33W                                    57 31.31N
------------------------------------------------------------------------
174 0.82W                                     56 52.83N
------------------------------------------------------------------------
173 0.71W                                     56 24.05N
------------------------------------------------------------------------
170 40.32W                                    56 1.97N
------------------------------------------------------------------------
168 56.63W                                    55 19.30N
------------------------------------------------------------------------
168 0.08W                                     54 5.95N
------------------------------------------------------------------------
170 0.00W                                     53 18.24N
------------------------------------------------------------------------
170 0.00W                                     55 0.00N
------------------------------------------------------------------------
178 46.69E                                    55 0.00N
------------------------------------------------------------------------
178 27.25E                                    55 10.50N
------------------------------------------------------------------------
178 6.48E                                     55 0.00N
------------------------------------------------------------------------
177 15.00E                                    55 0.00N
------------------------------------------------------------------------
177 15.00E                                    55 5.00N
------------------------------------------------------------------------
176 0.00E                                     55 5.00N
------------------------------------------------------------------------
176 0.00E                                     55 0.00N
------------------------------------------------------------------------
172 6.35E                                     55 0.00N
------------------------------------------------------------------------
173 59.70E                                    56 16.96N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
  listed by straight lines. The last set of coordinates for each area is
  connected to the first set of coordinates for the area by a straight
  line. The projected coordinate system is North American Datum 1983,
  Albers.


[73 FR 43370, July 25, 2008]



      Sec. Table 43 to Part 679--Northern Bering Sea Research Area

------------------------------------------------------------------------
                  Longitude                            Latitude
------------------------------------------------------------------------
168 7.48W                                     65 37.48N*
------------------------------------------------------------------------
165 1.54W                                     60 45.54N
------------------------------------------------------------------------
167 59.98W                                    60 45.55N
------------------------------------------------------------------------
171 59.92W                                    60 3.52N
------------------------------------------------------------------------
172 0.00W                                     60 54.00N
------------------------------------------------------------------------
174 1.24W                                     60 54.00N
------------------------------------------------------------------------
176 13.51W                                    62 6.56N
------------------------------------------------------------------------
172 24.00W                                    63 57.03N
------------------------------------------------------------------------
172 24.00W                                    62 42.00N
------------------------------------------------------------------------
168 24.00W                                    62 42.00N
------------------------------------------------------------------------
168 24.00W                                    64 0.00N
------------------------------------------------------------------------
172 17.42W                                    64 0.01N
------------------------------------------------------------------------
168 58.62W                                    65 30.00N
------------------------------------------------------------------------
168 58.62W                                    65 37.48N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
  listed by straight lines except as noted by * below. The last set of
  coordinates for each area is connected to the first set of coordinates
  for the area by a straight line. The projected coordinate system is
  North American Datum 1983, Albers.
* This boundary extends in a clockwise direction from this set of
  geographic coordinates along the shoreline at mean lower-low tide line
  to the next set of coordinates.


[73 FR 43370, July 25, 2008]



Sec. Table 44 to Part 679--Nunivak Island, Etolin Strait, and Kuskokwim 
                      Bay Habitat Conservation Area

------------------------------------------------------------------------
                  Longitude                            Latitude
------------------------------------------------------------------------
165 1.54W                                     60 45.54N*
------------------------------------------------------------------------
162 7.01W                                     58 38.27N
------------------------------------------------------------------------
162 10.51W                                    58 38.35N
------------------------------------------------------------------------
162 34.31W                                    58 38.36N
------------------------------------------------------------------------
162 34.32W                                    58 39.16N
------------------------------------------------------------------------
162 34.23W                                    58 40.48N
------------------------------------------------------------------------
162 34.09W                                    58 41.79N
------------------------------------------------------------------------
162 33.91W                                    58 43.08N
------------------------------------------------------------------------
162 33.63W                                    58 44.41N
------------------------------------------------------------------------

[[Page 923]]

 
162 33.32W                                    58 45.62N
------------------------------------------------------------------------
162 32.93W                                    58 46.80N
------------------------------------------------------------------------
162 32.44W                                    58 48.11N
------------------------------------------------------------------------
162 31.95W                                    58 49.22N
------------------------------------------------------------------------
162 31.33W                                    58 50.43N
------------------------------------------------------------------------
162 30.83W                                    58 51.42N
------------------------------------------------------------------------
162 30.57W                                    58 51.97N
------------------------------------------------------------------------
163 17.72W                                    59 20.16N
------------------------------------------------------------------------
164 11.01W                                    59 34.15N
------------------------------------------------------------------------
164 42.00W                                    59 41.80N
------------------------------------------------------------------------
165 0.00W                                     59 42.60N
------------------------------------------------------------------------
165 1.45W                                     59 37.39N
------------------------------------------------------------------------
167 40.20W                                    59 24.47N
------------------------------------------------------------------------
168 0.00W                                     59 49.13N
------------------------------------------------------------------------
167 59.98W                                    60 45.55N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
  listed by straight lines, except as noted by * below. The last set of
  coordinates for each area is connected to the first set of coordinates
  for the area by a straight line. The projected coordinate system is
  North American Datum 1983, Albers.
* This boundary extends in a clockwise direction from this set of
  geographic coordinates along the shoreline at mean lower-low tide line
  to the next set of coordinates.


[73 FR 43370, July 25, 2008]



Sec. Table 45 to Part 679--St. Lawrence Island Habitat Conservation Area

------------------------------------------------------------------------
                  Longitude                            Latitude
------------------------------------------------------------------------
168 24.00W                                    64 0.00N
------------------------------------------------------------------------
168 24.00W                                    62 42.00N
------------------------------------------------------------------------
172 24.00W                                    62 42.00N
------------------------------------------------------------------------
172 24.00W                                    63 57.03N
------------------------------------------------------------------------
172 17.42W                                    64 0.01N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
  listed by straight lines. The last set of coordinates for each area is
  connected to the first set of coordinates for the area by a straight
  line. The projected coordinate system is North American Datum 1983,
  Albers.


[73 FR 43370, July 25, 2008]



 Sec. Table 46 to Part 679--St. Matthew Island Habitat Conservation Area

------------------------------------------------------------------------
                  Longitude                            Latitude
------------------------------------------------------------------------
172 0.00W                                     60 54.00N
------------------------------------------------------------------------
171 59.92W                                    60 3.52N
------------------------------------------------------------------------
174 0.50W                                     59 42.26N
------------------------------------------------------------------------
174 24.98W                                    60 9.98N
------------------------------------------------------------------------
174 1.24W                                     60 54.00N
------------------------------------------------------------------------
Note: The area is delineated by connecting the coordinates in the order
  listed by straight lines. The last set of coordinates for each area is
  connected to the first set of coordinates for the area by a straight
  line. The projected coordinate system is North American Datum 1983,
  Albers.


[73 FR 43370, July 25, 2008]

  Table 47a to Part 679--Percent of the AFA Catcher/Processor Sector's 
Pollock Allocation, Numbers of Chinook Salmon Used To Calculate the Opt-
    out Allocation and Annual Threshold Amount, and Percent Used To 
 Calculate IPA Minimum Participation Assigned to Each Catcher/Processor 
                          Under Sec. 679.21(f)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Column A                             Column B       Column C     Column D     Column E     Column F     Column G      Column H
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Number of
                                                                                                                                Chinook
                                                                                                     Number of    Number of      salmon
                                                                                        Percent of    Chinook      Chinook      deducted    Percent used
                                                                                        C/P sector   salmon for   salmon for    from the    to calculate
                                                                                         pollock    the opt-out  the opt-out     annual     IPA minimum
                                                                                                     allocation   allocation   threshold   participation
                                                                                                      (8,093)      (8,093)     amount of
                                                                                                                                 13,516
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessel name                                                  USCG vessel   AFA permit      Percent     A season     B season       Annual       Percent
                                                           documentation          No.
                                                                     No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
American Dynasty........................................          951307         3681         4.93          324           76          400          1.78
American Triumph........................................          646737         4055         7.25          475          111          586          2.61
Northern Eagle..........................................          506694         3261         6.07          398           93          491          2.19
Northern Hawk...........................................          643771         4063         8.45          554          129          683          3.04
Northern Jaeger.........................................          521069         3896         7.38          485          113          598          2.66
Ocean Rover.............................................          552100         3442         6.39          420           98          518          2.30
Alaska Ocean............................................          637856         3794         7.30          479          112          591          2.63

[[Page 924]]

 
Island Enterprise.......................................          610290         3870         5.60          367           86          453          2.01
Kodiak Enterprise.......................................          579450         3671         5.90          387           90          477          2.13
Seattle Enterprise......................................          904767         3245         5.48          359           84          443          1.97
Arctic Storm............................................          903511         2943         4.58          301           70          371          1.65
Arctic Fjord............................................          940866         3396         4.46          293           68          361          1.60
Northern Glacier........................................          663457          661         3.12          205           48          253          1.12
Pacific Glacier.........................................          933627         3357         5.06          332           77          409          1.82
Highland Light..........................................          577044         3348         5.14          337           79          416          1.85
Starbound...............................................          944658         3414         3.94          259           60          319          1.42
Ocean Peace.............................................          677399         2134         0.50           33            8           41          0.18
Katie Ann...............................................          518441         1996         0.00            0            0            0          0.00
U.S. Enterprise.........................................          921112         3004         0.00            0            0            0          0.00
American Enterprise.....................................          594803         2760         0.00            0            0            0          0.00
Endurance...............................................          592206         3360         0.00            0            0            0          0.00
American Challenger.....................................          633219         4120         0.78           51           12           63          0.28
Forum Star..............................................          925863         4245         0.61           40            9           49          0.22
Muir Milach.............................................          611524          480         1.13           74           17           91          0.41
Neahkahnie..............................................          599534          424         1.66          109           25          134          0.60
Ocean Harvester.........................................          549892         5130         1.08           71           16           87          0.39
Sea Storm...............................................          628959          420         2.05          134           31          165          0.74
Tracy Anne..............................................          904859         2823         1.16           76           18           94          0.42
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ...........       100.00        6,563        1,530        8,093         36.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


[75 FR 53071, Aug. 30, 2010]



   Sec. Table 47b to Part 679--Percent of the AFA Mothership Sector's 
Pollock Allocation, Numbers of Chinook Salmon Used To Calculate the Opt-
    Out Allocation and Annual Threshold Amount, and Percent Used To 
 Calculate IPA Minimum Participation Assigned to Each Mothership Under 
                             Sec. 679.21(f)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Column A                             Column B       Column C     Column D     Column E     Column F     Column G      Column H
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Number of
                                                                                                                                Chinook
                                                                                                     Number of    Number of      salmon
                                                                                        Percent of    Chinook      Chinook      deducted    Percent used
                                                                                        MS sector    salmon for   salmon for    from the    to calculate
                                                                                         pollock    the opt-out  the opt-out     annual     IPA minimum
                                                                                                     allocation   allocation   threshold   participation
                                                                                                      (2,220)      (2,220)     amount of
                                                                                                                                 3,707
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessel name                                                  USCG Vessel   AFA Permit      Percent     A season     B season       Annual       Percent
                                                           Documentation          No.
                                                                     No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
American Beauty.........................................          613847         1688        6.000           96           37          133          0.54
Pacific Challenger......................................          518937          657        9.671          154           60          214          0.87
Nordic Fury.............................................          542651         1094        6.177           99           39          138          0.55
Pacific Fury............................................          561934          421        5.889           94           37          131          0.53
Margaret Lyn............................................          615563          723        5.643           90           35          125          0.51
Misty Dawn..............................................          926647         5946        3.569           57           22           79          0.32
Vanguard................................................          617802          519        5.350           85           33          118          0.48
California Horizon......................................          590758          412        3.786           61           24           85          0.34
Oceanic.................................................          602279         1667        7.038          112           44          156          0.63
Mar-Gun.................................................          525608          524        6.251          100           39          139          0.56
Mark 1..................................................          509552         1242        6.251          100           39          139          0.56
Aleutian Challenger.....................................          603820         1687        4.926           79           31          110          0.44
Ocean Leader............................................          561518         1229        6.000           96           37          133          0.54
Papado II...............................................          536161         2087        2.953           47           18           65          0.27
Morning Star............................................          618797         7270        3.601           57           23           80          0.32

[[Page 925]]

 
Traveler................................................          929356         3404        4.272           68           27           95          0.38
Vesteraalen.............................................          611642          517        6.201           99           39          138          0.56
Alyeska.................................................          560237          395        2.272           36           14           50          0.20
Western Dawn............................................          524423          134        4.150           66           26           92          0.37
                                                                                      ------------------------------------------------------------------
     Total..............................................  ..............  ...........      100.000        1,596          624        2,220          9.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


[75 FR 53071, Aug. 30, 2010]



Sec. Table 47c to Part 679--Percent of the AFA Inshore Sector's Pollock 
  Allocation, Numbers of Chinook Salmon Used To Calculate the Opt-Out 
 Allocation and Annual Threshold Amount, and Percent Used To Calculate 
 IPA Minimum Participation Assigned to Each Catcher Vessel Under Sec. 
                                679.21(f)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Column A                             Column B       Column C     Column D     Column E     Column F     Column G      Column H
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Number of
                                                                                                                                Chinook
                                                                                                     Number of    Number of      salmon
                                                                                        Percent of    Chinook      Chinook      deducted    Percent used
                                                                                          sector     salmon for   salmon for    from the    to calculate
                                                                                         pollock    the opt-out  the opt-out     annual     IPA minimum
                                                                                                     allocation   allocation   threshold   participation
                                                                                                      (15,858)     (15,858)    amount of
                                                                                                                                 26,485
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessel name                                                  USCG Vessel   AFA Permit      Percent     A Season     B Season       Annual       Percent
                                                           documentation          No.
                                                                     No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
AJ......................................................          599164         3405       0.6958           69           41          110          0.31
Alaska Rose.............................................          610984          515       1.6835          167          100          267          0.76
Alaskan Command.........................................          599383         3391       0.3711           37           22           59          0.17
Aldebaran...............................................          664363          901       1.4661          146           87          233          0.66
Alsea...................................................          626517         2811       1.6635          165           99          264          0.75
Alyeska.................................................          560237          395       1.2192          121           72          193          0.55
American Beauty.........................................          613847         1688       0.0425            4            2            6          0.02
American Eagle..........................................          558605          434       1.0682          106           63          169          0.48
Anita J.................................................          560532         1913       0.4999           50           30           80          0.22
Arctic Explorer.........................................          936302         3388       1.6236          161           96          257          0.73
Arctic Wind.............................................          608216         5137       1.1034          110           65          175          0.50
Arcturus................................................          655328          533       1.5450          153           91          244          0.70
Argosy..................................................          611365         2810       1.6330          162           97          259          0.73
Auriga..................................................          639547         2889       3.0981          308          184          492          1.39
Aurora..................................................          636919         2888       3.0990          308          184          492          1.39
Bering Rose.............................................          624325          516       1.7238          171          102          273          0.78
Blue Fox................................................          979437         4611       0.3140           31           19           50          0.14
Bristol Explorer........................................          647985         3007       1.5398          153           91          244          0.69
Caitlin Ann.............................................          960836         3800       0.9357           93           55          148          0.42
Cape Kiwanda............................................          618158         1235       0.2282           23           13           36          0.10
Chelsea K...............................................          976753         4620       4.6467          462          275          737          2.09
Collier Brothers........................................          593809         2791       0.1534           15            9           24          0.07
Columbia................................................          615729         1228       1.4429          143           85          228          0.65
Commodore...............................................          914214         2657       1.2595          125           75          200          0.57
Defender................................................          554030         3257       3.4822          346          206          552          1.57
Destination.............................................          571879         3988       2.1528          214          128          342          0.97
Dominator...............................................          602309          411       1.7505          174          104          278          0.79
Dona Martita............................................          651751         2047       2.1033          209          125          334          0.95
Elizabeth F.............................................          526037          823       0.3835           38           23           61          0.17
Excalibur II............................................          636602          410       0.5200           52           31           83          0.23
Exodus Explorer.........................................          598666         1249       0.2990           30           18           48          0.13
Fierce Allegiance.......................................          588849         4133       0.9377           93           56          149          0.42

[[Page 926]]

 
Flying Cloud............................................          598380         1318       1.6410          163           97          260          0.74
Gold Rush...............................................          521106         1868       0.4062           40           24           64          0.18
Golden Dawn.............................................          604315         1292       1.7532          174          104          278          0.79
Golden Pisces...........................................          599585          586       0.2706           27           16           43          0.12
Great Pacific...........................................          608458          511       1.2361          123           73          196          0.56
Gun-Mar.................................................          640130          425       2.2201          221          132          353          1.00
Half Moon Bay...........................................          615796          249       0.5859           58           35           93          0.26
Hazel Lorraine..........................................          592211          523       0.3847           38           23           61          0.17
Hickory Wind............................................          594154          993       0.3055           30           18           48          0.14
Intrepid Explorer.......................................          988598         4993       1.1458          114           68          182          0.52
Leslie Lee..............................................          584873         1234       0.5480           54           32           86          0.25
Lisa Melinda............................................          584360         4506       0.2192           22           13           35          0.10
Majesty.................................................          962718         3996       0.9958           99           59          158          0.45
Marcy J.................................................          517024         2142       0.1799           18           11           29          0.08
Margaret Lyn............................................          615563          723       0.0341            3            2            5          0.02
Mar-Gun.................................................          525608          524       0.1043           10            6           16          0.05
Mark I..................................................          509552         1242       0.0452            4            3            7          0.02
Messiah.................................................          610150         6081       0.2291           23           14           37          0.10
Miss Berdie.............................................          913277         3679       0.6110           61           36           97          0.27
Morning Star............................................          610393          208       1.6981          169          101          270          0.76
Ms Amy..................................................          920936         2904       0.4882           48           29           77          0.22
Nordic Explorer.........................................          678234         3009       1.1045          110           65          175          0.50
Nordic Fury.............................................          542651         1094       0.0207            2            1            3          0.01
Nordic Star.............................................          584684          428       1.0103          100           60          160          0.45
Northern Patriot........................................          637744         2769       2.4115          240          143          383          1.09
Northwest Explorer......................................          609384         3002       0.2387           24           14           38          0.11
Ocean Explorer..........................................          678236         3011       1.3744          137           81          218          0.62
Morning Star............................................          652395         1640       0.5290           53           31           84          0.24
Ocean Hope 3............................................          652397         1623       0.4175           41           25           66          0.19
Ocean Leader............................................          561518         1229       0.0545            5            3            8          0.02
Oceanic.................................................          602279         1667       0.1348           13            8           21          0.06
Pacific Challenger......................................          518937          657       0.1680           17           10           27          0.08
Pacific Explorer........................................          678237         3010       1.2895          128           76          204          0.58
Pacific Fury............................................          561934          421       0.0121            1            1            2          0.01
Pacific Knight..........................................          561771         2783       2.1816          217          129          346          0.98
Pacific Monarch.........................................          557467         2785       1.5992          159           95          254          0.72
Pacific Prince..........................................          697280         4194       2.4099          239          143          382          1.08
Pacific Ram.............................................          589115         4305       0.2035           20           12           32          0.09
Pacific Viking..........................................          555058          422       1.0909          108           65          173          0.49
Pegasus.................................................          565120         1265       0.6950           69           41          110          0.31
Peggy Jo................................................          502779          979       0.3324           33           20           53          0.15
Perseverance............................................          536873         2837       0.2954           29           17           46          0.13
Poseidon................................................          610436         1164       1.2411          123           73          196          0.56
Predator................................................          547390         1275       0.1968           20           12           32          0.09
Progress................................................          565349          512       1.0118          100           60          160          0.46
Providian...............................................         1062183         6308       0.3822           38           23           61          0.17
Raven...................................................          629499         1236       0.7116           71           42          113          0.32
Royal American..........................................          624371          543       0.9698           96           57          153          0.44
Royal Atlantic..........................................          559271          236       1.3095          130           78          208          0.59
Sea Wolf................................................          609823         1652       1.5156          151           90          241          0.68
Seadawn.................................................          548685         2059       1.4108          140           84          224          0.63
Seeker..................................................          924585         2849       0.3695           37           22           59          0.17
Sovereignty.............................................          651752         2770       2.3513          234          139          373          1.06
Star Fish...............................................          561651         1167       1.5114          150           90          240          0.68
Starlite................................................          597065         1998       1.2252          122           73          195          0.55
Starward................................................          617807          417       1.2611          125           75          200          0.57
Storm Petrel............................................          620769         1641       1.2334          123           73          196          0.56
Sunset Bay..............................................          598484          251       0.5596           56           33           89          0.25
Topaz...................................................          575428          405       0.0828            8            5           13          0.04
Traveler................................................          929356         3404       0.0413            4            2            6          0.02
Vanguard................................................          617802          519       0.0565            6            3            9          0.03
Viking..................................................          565017         1222       1.6575          165           98          263          0.75

[[Page 927]]

 
Viking Explorer.........................................          605228         1116       1.1881          118           70          188          0.53
Walter N................................................          257365          825       0.4031           40           24           64          0.18
Western Dawn............................................          524423          134       0.3952           39           23           62          0.18
Westward I..............................................          615165         1650       1.5544          154           92          246          0.70
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ...........       100.00        9,933        5,925       15,858         45.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


[75 FR 53071, Aug. 30, 2010]



    Sec. Table 47d to Part 679--Percent of the CDQ Program's Pollock 
  Allocation, Numbers of Chinook Salmon Used To Calculate the Opt-Out 
 Allocation and Annual Threshold Amount, and Percent Used To Calculate 
    IPA Minimum Participation Assigned to Each CDQ Group Under Sec. 
                                679.21(f)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Column A                               Column B           Column C           Column D           Column E           Column F
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Number of          Number of          Number of
                                                                                Chinook salmon     Chinook salmon     Chinook salmon    Percent used to
                                                            Percent of  CDQ    for the opt-out    for the opt-out   deducted from the    calculate IPA
                                                            Program  pollock      allocation         allocation      annual threshold       minimum
                                                                                   (2,325)            (2,325)        amount of  3,883    participation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        CDQ group                               Percent            A season           B season            Annual            Percent
--------------------------------------------------------------------------------------------------------------------------------------------------------
APICDA...................................................              14.00                260                 66                326               1.40
BBEDC....................................................              21.00                389                 99                488               2.10
CBSFA....................................................               5.00                 93                 23                116               0.50
CVRF.....................................................              24.00                445                113                558               2.40
NSEDC....................................................              22.00                408                103                511               2.20
YDFDA....................................................              14.00                260                 66                326               1.40
                                                          ----------------------------------------------------------------------------------------------
    Total................................................             100.00              1,855                470              2,325              10.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


[75 FR 53071, Aug. 30, 2010]



PART 680_SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
--Table of Contents



                            Subpart A_General

Sec.
680.1 Purpose and scope.
680.2 Definitions.
680.3 Relation to other laws.
680.4 Permits.
680.5 Recordkeeping and reporting (R&R).
680.6 Crab economic data report (EDR).
680.7 Prohibitions.
680.8 Facilitation of enforcement.
680.9 Penalties.

                      Subpart B_Management Measures

680.20 Arbitration System.
680.21 Crab harvesting cooperatives.
680.22 Sideboard protections for GOA groundfish fisheries.
680.23 Equipment and operational requirements.
680.30 [Reserved]

                   Subpart C_Quota Management Measures

680.40 Crab Quota Share (QS), Processor QS (PQS), Individual Fishing 
          Quota (IFQ), and Individual Processor Quota (IPQ) Issuance.
680.41 Transfer of QS, PQS, IFQ and IPQ.
680.42 Limitations on use of QS, PQS, IFQ, and IPQ.
680.43 Determinations and appeals.
680.44 Cost recovery.

[[Page 928]]


Table 1 to Part 680--Crab Rationalization (CR) Fisheries
Table 2 to Part 680--Crab Species Codes
Table 3a to Part 680--Crab Delivery Condition Codes
Table 3b to Part 680--Crab Disposition or Product Codes
Table 3c to Part 680--Crab Product Codes for Economic Data Reports
Table 4 to Part 680--Crab Process Codes
Table 5 to Part 680--Crab Size Codes
Table 6 to Part 680--Crab Grade Codes
Table 7 to Part 680--Initial Issuance of Crab QS by Crab QS Fishery
Table 8 to Part 680--Initial QS and PQS Pool for Each Crab QS Fishery
Table 9 to Part 680--Initial Issuance of Crab PQS by Crab QS Fishery

    Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.

    Source: 70 FR 10241, Mar. 2, 2005, unless otherwise noted.



                            Subpart A_General



Sec. 680.1  Purpose and scope.

    Regulations in this part implement policies developed by the North 
Pacific Fishery Management Council and approved by the Secretary of 
Commerce in accordance with the Magnuson-Stevens Fishery Conservation 
and Management Act. In addition to part 600 of this chapter, these 
regulations implement the following:
    (a) Fishery Management Plan (FMP) for Bering Sea and Aleutian 
Islands King and Tanner Crabs. Regulations in this part govern 
commercial fishing for, and processing of, king and Tanner crabs in the 
Bering Sea and Aleutian Islands Area pursuant to section 313(j) of the 
Magnuson-Stevens Act, including regulations implementing the Crab 
Rationalization Program for crab fisheries in the Bering Sea and 
Aleutian Islands Area, and supersede State of Alaska regulations 
applicable to the commercial king and Tanner crab fisheries in the 
Exclusive Economic Zone (EEZ) of the Bering Sea and Aleutian Islands 
Area that are determined to be inconsistent with the FMP.
    (b) License Limitation Program. Commercial fishing for crab species 
not included in the Crab Rationalization Program for crab fisheries of 
the Bering Sea and Aleutian Islands Area remains subject to the License 
Limitation Program for the commercial crab fisheries in the Bering Sea 
and Aleutian Islands Area under part 679 of this chapter.



Sec. 680.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, in 50 
CFR part 600, and Sec. 679.2 of this chapter, the terms used in this 
part have the following meanings:
    Adak community entity means the non-profit entity incorporated under 
the laws of the state of Alaska that represents the community of Adak 
and has a board of directors elected by the residents of Adak.
    Affiliation means a relationship between two or more entities in 
which one directly or indirectly owns or controls a 10 percent or 
greater interest in, or otherwise controls, another, or a third entity 
directly or indirectly owns or controls a 10 percent or greater interest 
in, or otherwise controls, both. For the purpose of this definition, the 
following terms are further defined:
    (1) Entity. An entity may be an individual, corporation, 
association, partnership, joint-stock company, trust, or any other type 
of legal entity, any receiver, trustee in bankruptcy or similar official 
or liquidating agent, or any organized group of persons whether 
incorporated or not, that holds direct or indirect interest in:
    (i) Quota share (QS), processor quota share (PQS), individual 
fishing quota (IFQ), or individual processing quota (IPQ); or,
    (ii) For purposes of the economic data report (EDR), a vessel or 
processing plant operating in CR fisheries.
    (2) 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) Controls a 10 percent or greater interest. An entity controls a 
10 percent or greater interest in a second entity if the first entity:
    (i) Controls a 10 percent ownership share of the second entity, or
    (ii) Controls 10 percent or more of the voting stock of the second 
entity.

[[Page 929]]

    (4) Otherwise controls. (i) A PQS or IPQ holder otherwise controls 
QS or IFQ, or a QS or IPQ holder, if it has:
    (A) The right to direct, or does direct, the business of the entity 
which holds the QS or IFQ;
    (B) The right in the ordinary course of business to limit the 
actions of or replace, or does limit or replace, the chief executive 
officer, a majority of the board of directors, any general partner or 
any person serving in a management capacity of the entity which holds 
the QS or IFQ;
    (C) The right to direct, or does direct, the transfer of QS or IFQ;
    (D) The right to restrict, or does restrict, the day-to-day business 
activities and management policies of the entity holding the QS or IFQ 
through loan covenants;
    (E) The right to derive, or does derive, either directly, or through 
a minority shareholder or partner, and in favor of a PQS or IPQ holder, 
a significantly disproportionate amount of the economic benefit from the 
holding of QS or IFQ;
    (F) The right to control, or does control, the management of, or to 
be a controlling factor in, the entity holding QS or IFQ;
    (G) The right to cause, or does cause, the sale of QS or IFQ;
    (H) Absorbs all of the costs and normal business risks associated 
with ownership and operation of the entity holding QS or IFQ; and
    (I) Has the ability through any other means whatsoever to control 
the entity that holds QS or IFQ.
    (ii) Other factors that may be indica of control include, but are 
not limited to the following:
    (A) If a PQS or IPQ holder or employee takes the leading role in 
establishing an entity that will hold QS or IFQ;
    (B) If a PQS or IPQ holder has the right to preclude the holder of 
QS or IFQ from engaging in other business activities;
    (C) If a PQS or IPQ holder and QS or IFQ holder use the same law 
firm, accounting firm, etc.;
    (D) If a PQS or IPQ holder and QS or IFQ holder share the same 
office space, phones, administrative support, etc.;
    (E) If a PQS or IPQ holder absorbs considerable costs and normal 
business risks associated with ownership and operation of the QS or IFQ 
holdings;
    (F) If a PQS or IPQ holder provides the start up capital for the QS 
or IFQ holder on less than an arm's-length basis;
    (G) If a PQS or IPQ holder has the general right to inspect the 
books and records of the QS or IFQ holder; and
    (H) If the PQS or IPQ holder and QS or IFQ holder use the same 
insurance agent, law firm, accounting firm, or broker of any PQS or IPQ 
holder with whom the QS or IFQ holder has entered into a mortgage, long-
term or exclusive sales or marketing agreement, unsecured loan 
agreement, or management agreement.
    Arbitration IFQ means:
    (1) Class A catcher vessel owner (CVO) IFQ held by a person who is 
not a holder of PQS or IPQ and who is not affiliated with any holder of 
PQS or IPQ, and
    (2) IFQ held by an FCMA cooperative.
    Arbitration QS means CVO QS held by a person who is not a holder of 
PQS or IPQ and is not affiliated with any holder of PQS or IPQ.
    Arbitration System means the system established by the contracts 
required by Sec. 680.20, including the process by which the Market 
Report and Non-Binding Price Formula are produced, the negotiation 
approaches, the Binding Arbitration process, and fee collection.
    Assessed value means the most recent value for a vessel and gear 
provided in a marine survey.
    Auditor means an examiner employed by, or under contract to, the 
data collection agent to verify data submitted in an economic data 
report.
    Blind data means any data collected from the economic data report by 
the data collection agent that are subsequently amended by removing 
personal identifiers, including, but not limited to social security 
numbers, crew permit numbers, names and addresses, Federal fisheries 
permit numbers, Federal processor permit numbers, Federal tax 
identification numbers, State of Alaska vessel registration and permit 
numbers, and by adding in their place a nonspecific identifier.

[[Page 930]]

    Box size means the capacity of a crab-packing container in kilograms 
or pounds.
    BSAI crab means those crab species governed under the Fishery 
Management Plan (FMP) for Bering Sea/Aleutian Islands King and Tanner 
Crabs.
    BSAI Crab Capacity Reduction Program means the program authorized by 
Public Law 106-554, as Amended by Public Law 107-20 and Public Law 107-
117.
    BSAI crab fisheries means those crab fisheries governed under the 
Fishery Management Plan (FMP) for Bering Sea/Aleutian Islands King and 
Tanner Crabs.
    Captain means, for the purposes of the EDR, a vessel operator.
    Catcher/processor (CP) means a vessel that is used for catching crab 
and processing that crab.
    Catcher vessel means a vessel that is used for catching crab and 
that does not process crab on board.
    CDQ community means a community eligible to participate in the 
Western Alaska Community Development Program under subpart C of 50 CFR 
part 679.
    CDQ group means a CDQ group as that term is defined at 50 CFR 679.2.
    Committed IFQ means:
    (1) Any Arbitration IFQ for which the holder of such IFQ has agreed 
or committed to delivery of crab harvested with the IFQ to the holder of 
previously uncommitted IPQ and for which the holder of the IPQ has 
agreed to accept delivery of that crab, regardless of whether such 
agreement specifies the price or other terms for delivery, or
    (2) Any Arbitration IFQ for which, on or after the date which is 25 
days prior to the opening of the first crab fishing season in the crab 
QS fishery for such IFQ, the holder of the IFQ has unilaterally 
committed to delivery of crab harvested with the IFQ to the holder of 
previously uncommitted IPQ, regardless of whether the IFQ and IPQ 
holders have reached an agreement that specifies the price or other 
terms for delivery.
    Committed IPQ means any IPQ for which the holder of such IPQ has 
received a commitment of delivery from a holder of Arbitration IFQ such 
that the Arbitration IFQ is committed IFQ, regardless of whether the 
Arbitration IFQ and IPQ holders have reached an agreement that specifies 
the price or other terms for delivery.
    Converted CPO QS means CPO QS for the BBR and BSS crab QS fisheries 
that is issued to the entities defined in Sec. 680.40(c)(5)(ii), 
(c)(5)(iii), or (c)(5)(iv) based on the procedures established in Sec. 
680.40(c)(5).
    CP standard price means price, expressed in U.S. dollars per raw 
crab pound, for all CR crab landed by a CP as determined for each crab 
fishing year by the Regional Administrator and documented in a CP 
standard price list published by NMFS.
    Crab cost recovery fee liability means that amount of money, in U.S. 
dollars, owed to NMFS by a CR allocation holder or RCR as determined by 
multiplying the appropriate ex-vessel value of the amount of CR crab 
debited from a CR allocation by the appropriate crab fee percentage.
    Crab fee percentage means that positive number no greater than 3 
percent determined for each crab fishing year by the Regional 
Administrator and used to calculate the crab cost recovery fee liability 
for a CR allocation holder or RCR under the Crab Rationalization 
Program.
    Crab fishing year means the period from July 1 of one calendar year 
through June 30 of the following calendar year.
    Crab grade means a grading system to describe the quality of crab.
    (1) Grade 1 means standard or premium quality crab, and
    (2) Grade 2 means below standard quality crab.
    Crab harvesting cooperative, for the purposes of this part 680, 
means a group of crab QS holders who have chosen to form a crab 
harvesting cooperative, under the requirements of Sec. 680.21, in order 
to combine and collectively harvest their crab IFQ through a crab 
harvesting cooperative IFQ permit issued by NMFS.
    Crab harvesting cooperative IFQ means the annual catch limit of IFQ 
crab that may be harvested by a crab harvesting cooperative that is 
lawfully allocated a harvest privilege for a specific portion of the TAC 
of a crab QS fishery.

[[Page 931]]

    Crab individual fishing quota (crab IFQ) means the annual catch 
limit of a crab QS fishery that may be harvested by a person who is 
lawfully allocated a harvest privilege for a specific portion of the TAC 
of a crab QS fishery with the following designations or with the 
designation as a crab IFQ hired master:
    (1) Catcher vessel crew (CVC) IFQ means crab IFQ derived from QS 
initially issued to persons who historically held CFEC crab permits and 
signed fish tickets for qualifying landings based on pounds delivered 
raw; to annually harvest, but not process, CR crab onboard the vessel 
used to harvest that crab.
    (2) Catcher vessel owner (CVO) IFQ means crab IFQ derived from QS 
initially issued to persons who held LLP crab permits and had qualifying 
landings based on pounds delivered raw; to annually harvest, but not 
process, CR crab onboard the vessel used to harvest that crab.
    (i) Class A IFQ means IFQ that is required to be delivered to a 
processor holding unused IPQ.
    (ii) Class B IFQ means IFQ that is not required to be delivered to a 
processor holding unused IPQ.
    (3) Catcher/processor owner (CPO) IFQ means crab IFQ derived from QS 
initially issued to persons who held LLP crab permits and had qualifying 
landings derived from landings processed at sea, to annually harvest and 
process CR crab.
    (4) Catcher/processor crew (CPC) IFQ means crab IFQ derived from QS 
initially issued to persons who historically held CFEC crab permits and 
signed fish tickets for qualifying landings based on landings processed 
at sea, to annually harvest and process CR crab.
    Crab IFQ hired master means a person who holds a crab IFQ hired 
master permit issued under Sec. 680.4.
    Crab IFQ permit holder means the person identified on an IFQ permit.
    Crab LLP license history means, for any particular crab LLP license, 
the legal landings made on the vessel(s) that was used to qualify for 
that LLP license and any legal landings made under the authority of that 
LLP license.
    Crab quota share (crab QS) means a permit the face amount of which 
is used as the basis for the annual calculation and allocation of a 
person's crab IFQ with the following designations:
    (1) Catcher vessel crew (CVC) QS means a permit that yields CVC IFQ.
    (2) Catcher vessel owner (CVO) QS means a permit that yields CVO 
IFQ.
    (3) Catcher/processor owner (CPO) QS means a permit that yields CPO 
IFQ.
    (4) Catcher/processor crew (CPC) QS means a permit that yields CPC 
IFQ.
    Crab QS fishery means those CR fisheries under Table 1 to this part 
that require the use of QS and PQS, and their resulting IFQ and IPQ, to 
harvest and receive IFQ crab.
    Crab QS program means the program that allocates QS and PQS, and 
their resulting IFQ and IPQ, for CR crab of the BSAI off Alaska and 
governed by regulations under this part.
    Crab QS regional designation means the designation of QS or PQS and 
their resulting IFQ and IPQ subject to regional delivery requirements in 
this part.
    Crab Rationalization (CR) allocation means any allocation of CR crab 
authorized under the CR Program.
    Crab Rationalization (CR) crab means those crab species in the crab 
fisheries subject to management under the Crab Rationalization Program 
described in Table 1 to this part.
    Crab Rationalization (CR) fisheries means those fisheries defined in 
Table 1 to part 680.
    Crab Rationalization (CR) Program means the crab QS program plus the 
CDQ and the Adak community allocation programs, including all 
management, monitoring, and enforcement components, for BSAI king and 
Tanner crabs governed by the regulations of this part.
    Crew means:
    (1) Any individual, other than the fisheries observers, working on a 
vessel that is engaged in fishing.
    (2) For the purposes of the EDR, each employee on a vessel, 
excluding the captain and fisheries observers, that participated in any 
CR fishery.
    Custom processing means processing of crab by a person undertaken on 
behalf of another person.

[[Page 932]]

    Data collection agent (DCA) means the entity selected by the 
Regional Administrator to distribute an EDR to a person required to 
complete it, to receive the completed EDR, to review and verify the 
accuracy of the data in the EDR, and to provide those data to authorized 
recipients.
    Days at sea means, for the purposes of the EDR, the number of days 
spent at sea while fishing for crab, including travel time to and from 
fishing grounds.
    Economic data report (EDR) means the report of cost, labor, 
earnings, and revenue data for catcher vessels, catcher/processors, 
shoreside crab processors, and stationary floating crab processors 
participating in CR fisheries.
    Eligible community resident means, for purposes of the Crab QS 
program, any individual who:
    (1) Is a citizen of the United States;
    (2) Has maintained a domicile in the ECC, from which the individual 
requests to lease crab IFQ, for at least 12 consecutive months 
immediately preceding the time when the assertion of residence is made 
and who is not claiming residency in another community, state, 
territory, or country; and
    (3) Is otherwise eligible to receive crab QS or IFQ by transfer.
    Eligible crab community (ECC) means a community in which at least 3 
percent of the initial allocation of processor quota share of any crab 
fishery is allocated. The specific communities are:
    (1) CDQ Communities.
    (i) Akutan;
    (ii) False Pass;
    (iii) St. George; and
    (iv) St. Paul.
    (2) Non-CDQ Communities.
    (i) Unalaska/Dutch Harbor;
    (ii) Kodiak;
    (iii) King Cove;
    (iv) Port Moller; and
    (v) Adak.
    Eligible crab community (ECC) entity means a non-profit organization 
specified under Sec. 680.41(j)(2) that is designated by the governing 
body of an ECC, other than Adak, to represent it for the purposes of 
engaging in the right of first refusal of transfer of crab PQS or IPQ 
outside the ECC under contract provisions set forth under section 313(j) 
of the Magnuson-Stevens Act. For those ECCs that also are CDQ 
communities, the ECC entity is the CDQ group to which the ECC is a 
member.
    Eligible crab community organization (ECCO) means a non-profit 
organization that represents at least one ECC, as defined in this part, 
and that has been approved by the Regional Administrator to obtain by 
transfer and hold crab QS and to lease the resulting IFQ on behalf of an 
ECC.
    Ex-vessel value means:
    (1) For the shoreside processing sector. The total U.S. dollar 
amount of all compensation, monetary and non-monetary, including any 
retroactive payments, received by a CR allocation holder for the 
purchase of any CR crab debited from the CR allocation described in 
terms of raw crab pounds.
    (2) For the catcher/processor sector. The total U.S. dollar amount 
of CR crab landings as calculated by multiplying the number of raw crab 
pounds debited from the CR allocation by the appropriate CP standard 
price determined by the Regional Administrator.
    FCMA cooperative, for the purposes of this part 680, means a 
cooperative formed in accordance with the Fishermen's Collective 
Marketing Act of 1934 (15 U.S.C. 521).
    Finished pounds means the total weight, in pounds, of processed 
product, not including the container.
    Fishing trip for purposes of Sec. 680.7(e)(2) means the period 
beginning when a vessel operator commences harvesting crab in a crab QS 
fishery and ending when the vessel operator offloads or transfers any 
processed or unprocessed crab in that crab QS fishery from that vessel.
    IFQ account means the amount of crab IFQ in raw crab pounds that is 
held by a person at any particular time for a crab QS fishery, sector, 
region, and class.
    IFQ crab means crab species listed in Table 1 to this part subject 
to management under the crab QS program.
    Individual processor quota (IPQ) means the annual amount of crab, in 
pounds, representing a specific portion of the TAC for a crab QS 
fishery, that may be received for processing by a person who is lawfully 
allocated PQS or IPQ.
    Initial processor quota share (PQS) pool means the total number of 
PQS units

[[Page 933]]

for each crab QS fishery which is the basis of initial PQS allocations.
    Initial quota share (QS) pool means the total number of non-
processor QS units for each crab QS fishery which is the basis of 
initial QS allocations.
    IPQ account means the amount of crab IPQ in raw crab pounds that is 
held by a person at any particular time for a crab QS fishery and 
region.
    Landing means the transfer of raw crab harvested by a vessel prior 
to that crab being reported on a CR crab landing report.
    (1) For catcher/processors, the amount of crab retained during a 
reporting period constitutes a landing.
    (2) For catcher vessels, the amount of crab removed from the boat at 
a single location/time constitutes a landing.
    Lease of QS/IFQ or PQS/IPQ means a temporary, annual transfer of 
crab IFQ or IPQ without the underlying QS or PQS.
    Leaseholder means, for purposes of the EDR, a person who:
    (1) Is identified as the leaseholder in a written lease of a catcher 
vessel, catcher/processor, shoreside crab processor, or stationary 
floating crab processor, or
    (2) Pays the expenses of a catcher vessel, catcher/processor, 
shoreside crab processor, or stationary floating crab processor, or
    (3) Claims expenses for the catcher vessel, catcher/processor, 
shoreside crab processor, or stationary floating crab processor as a 
business expense on schedule C of his/her Federal income tax return or 
on a state income tax return.
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation 
and Management Act, as amended (16 U.S.C. 1801 et seq.).
    Mutual Agreement means, for purposes of the Arbitration System, the 
consent and agreement of Arbitration Organizations that represent an 
amount of Arbitration QS equal to more than 50 percent of all the 
Arbitration QS in a fishery, and an amount of PQS equal to more than 50 
percent of all the PQS in a fishery based upon the Annual Arbitration 
Organization Reports.
    Newly constructed vessel means, for the purposes of initial QS 
issuance, a vessel on which the keel was laid by June 10, 2002.
    Official crab rationalization record means the information prepared 
by the Regional Administrator about the legal landings and legal 
processing by vessels and persons in the BSAI crab fisheries during the 
qualifying periods specified at Sec. 680.40.
    Processing, or to process means the preparation of, or to prepare, 
crab to render it suitable for human consumption or storage. This 
includes, but is not limited to: Cooking, canning, butchering, 
sectioning, freezing or icing.
    Processor quota share (PQS) means a permit the face amount of which 
is used as the basis for the annual calculation and allocation of IPQ.
    Raw crab pounds means the weight of raw crab in pounds when landed.
    Registered crab receiver (RCR) means a person holding an RCR Permit 
issued by the Regional Administrator.
    Retain means to fail to return crab to the sea after a reasonable 
opportunity to sort the catch.
    Right of First Refusal (ROFR) means the civil contract provisions 
set forth under section 313(j) of the Magnuson-Stevens Act between the 
holders of PQS and IPQ and ECC entities, other than Adak, for the 
opportunity of ECCs to exercise the right to purchase or lease PQS or 
IPQ proposed to be transferred by a holder of PQS or IPQ in an ECC.
    Seafood Marketing Association Assessment (SMAA) means the seafood 
processing assessment collected by processing firms and buyers from 
fishery harvesters for the State of Alaska.
    Share payment means an amount of monetary compensation (not salary 
or wages) based on gross or net earnings of a BSAI crab fishing vessel.
    Shoreside crab processor means any person or vessel that receives, 
purchases, or arranges to purchase unprocessed crab, except a catcher/
processor or a stationary floating crab processor.
    Sideboards (see Sec. 680.22).
    Stationary floating crab processor (SFCP) means a vessel of the 
United States that remains anchored or otherwise remains stationary 
while receiving or processing crab in the waters of the State of Alaska.

[[Page 934]]

    Uncommitted IFQ means any Arbitration IFQ that is not Committed IFQ.
    Uncommitted IPQ means any IPQ that is not Committed IPQ.
    U.S. Citizen means:
    (1) Any individual who is a citizen of the United States; or
    (2) Any corporation, partnership, association, or other entity that 
is organized under Federal, state, or local laws of the United States or 
that may legally operate in the United States.

[70 FR 10241, Mar. 2, 2005, as amended at 73 FR 29982, May 23, 2008; 73 
FR 35088, June 20, 2008; 73 FR 76189, Dec. 15, 2008; 74 FR 41095, Aug. 
14, 2009]



Sec. 680.3  Relation to other laws.

    (a) King and Tanner crab. (1) Additional laws and regulations 
governing the conservation and management of king crab and Tanner crab 
in the BSAI area are contained in 50 CFR part 679, Alaska Statutes at 
A.S. 16, and Alaska Administrative Code at 5 AAC Chapters 34, 35, and 
39.
    (2) The Alaska Administrative Code (at 5 AAC 39.130) governs 
reporting and permitting requirements using the ADF&G ``Intent to 
Operate'' registration form and ``Fish Tickets.''
    (b) Sport, personal use, and subsistence. (1) For State of Alaska 
statutes and regulations governing sport and personal use crab fishing 
other than subsistence fishing, see Alaska Statutes, Title 16--Fish and 
Game; 5 AAC Chapters 47 through 77.
    (2) For State of Alaska statutes and regulations governing 
subsistence fishing for crab, see Alaska Statutes, Title 16--Fish and 
Game; 5 AAC 02.001 through 02.625.



Sec. 680.4  Permits.

    (a) General information. Persons participating in the CR fisheries 
are required to possess the permits described in this section.
    (1) Approval. Approval of applications under this part may be 
conditioned on the payment of fees under Sec. 680.44 or the submission 
of an EDR as described under Sec. 680.6.
    (2) Issuance. The Regional Administrator may issue or amend any 
permits under this section or under Sec. 680.21 annually or at other 
times as needed under this part.
    (3) Transfer. Crab QS and PQS permits issued under Sec. 680.40 and 
Crab IFQ and IPQ permits issued under this section are transferable, as 
provided under Sec. 680.41. Crab IFQ hired master permits, Federal crab 
vessel permits, and RCR permits issued under this section are not 
transferable.
    (4) Inspection. The holder of a Federal crab vessel permit, crab IFQ 
permit, crab IPQ permit, or crab IFQ hired master permit, must present a 
legible copy of the permit on request of any authorized officer or RCR 
receiving a crab IFQ landing. A legible copy of the RCR permit must be 
present at the location of a crab IFQ landing and an individual 
representing the RCR must make the RCR permit available for inspection 
on request of any authorized officer.
    (b) Crab QS permit. (1) Crab QS is issued by the Regional 
Administrator to persons who qualify for an initial allocation under 
Sec. 680.40 or receive QS by transfer under Sec. 680.41. Once issued, 
a crab QS permit is valid until modified under paragraph (b)(2) or 
(b)(3) of this section, or by transfer under Sec. 680.41; or until the 
permit is revoked, suspended, or modified pursuant to Sec. 679.43 of 
this chapter or under 15 CFR part 904. To qualify for a crab QS permit, 
the applicant must be a U.S. citizen.
    (2) Each unit of Crab QS initially issued under Sec. 680.40 for the 
Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be 
reissued as one unit of Eastern Bering Sea Tanner crab (EBT) QS and one 
unit of Western Bering Sea Tanner crab (WBT) QS.
    (3) A converted CPO QS permit is valid until the end of the crab 
fishing year for which the permit is issued.
    (c) Crab PQS permit. (1) Crab PQS is issued by the Regional 
Administrator to persons who successfully apply for an initial 
allocation under Sec. 680.40 or receive PQS by transfer under Sec. 
680.41. Once issued, a crab PQS permit is valid until modified under 
paragraph (c)(2) of this section, or by transfer under Sec. 680.41; or 
until the permit is revoked, suspended, or modified pursuant to Sec. 
679.43 of this chapter or under 15 CFR part 904.
    (2) Each unit of Crab PQS initially issued under Sec. 680.40 for 
the Bering Sea Tanner crab (Chionoecetes bairdi) CR

[[Page 935]]

fishery shall be reissued as one unit of Eastern Bering Sea Tanner crab 
(EBT) PQS and one unit of Western Bering Sea Tanner crab (WBT) PQS.
    (d) Crab IFQ permit. (1) A crab IFQ permit authorizes the person 
identified on the permit to harvest crab in the fishery identified on 
the permit at any time the fishery is open during the crab fishing year 
for which the permit is issued, subject to conditions of the permit. A 
crab IFQ permit is valid under the following circumstances:
    (i) Until the end of the crab fishing year for which the permit is 
issued;
    (ii) Until the amount harvested is equal to the amount specified on 
the permit;
    (iii) Until the permit is modified by transfers under Sec. 680.41; 
or
    (iv) Until the permit is revoked, suspended, or modified pursuant to 
Sec. 679.43 or under 15 CFR part 904.
    (2) A legible copy of the crab IFQ permit must be carried on board 
the vessel used by the permitted person at all times that IFQ crab are 
retained on board.
    (3) On an annual basis, the Regional Administrator will issue a crab 
IFQ permit to a person who submits a complete annual application for a 
crab IFQ/IPQ permit, described at paragraph (f) of this section, that is 
subsequently approved by the Regional Administrator.
    (4) To qualify for a crab IFQ permit, the applicant must be a U.S. 
Citizen.
    (e) Crab IPQ permit. (1) A crab IPQ permit authorizes the person 
identified on the permit to receive/process the IFQ crab identified on 
the permit during the crab fishing year for which the permit is issued, 
subject to conditions of the permit. A crab IPQ permit is valid under 
the following circumstances:
    (i) Until the end of the crab fishing year for which the permit is 
issued;
    (ii) Until the amount received/processed is equal to the amount 
specified on the permit;
    (iii) Until the permit is modified by transfers under Sec. 680.41; 
or
    (iv) Until the permit is revoked, suspended, or modified pursuant to 
Sec. 679.43 or under 15 CFR part 904.
    (2) A legible copy of the crab IPQ permit authorizing receiving/
processing of IFQ crab must be retained on the premises or vessel used 
by the permitted person to process the IFQ crab at all times that IFQ 
crab are retained on the premises or vessel.
    (3) A crab IPQ permit is issued on an annual basis by the Regional 
Administrator to persons who hold crab PQS, and who have submitted a 
complete annual application for crab IFQ/IPQ permit, described at 
paragraph (f) of this section, that is subsequently approved by the 
Regional Administrator.
    (f) Contents of annual application for crab IFQ/IPQ permit. (1) A 
complete application must be received by NMFS no later than August 1 of 
the crab fishing year for which a person is applying to receive IFQ or 
IPQ. If a complete application is not received by NMFS by this date, 
that person will not receive IFQ or IPQ for that crab fishing year.
    (2) For the application to be considered complete, all fees required 
by NMFS must be paid, and any EDR required under Sec. 680.6 must be 
submitted to the DCA. In addition, the applicant must include the 
following information:
    (i) Applicant information. Enter applicant's name and NMFS Person 
ID; applicant's date of birth or, if a non-individual, date of 
incorporation; applicant's social security number (optional) or tax 
identification number; applicant's permanent business mailing address 
and any temporary mailing address the applicant wishes to use; and 
applicant's business telephone number, facsimile number, and e-mail 
address.
    (ii) Crab IFQ or IPQ permit identification. Indicate the type of 
crab IFQ or IPQ permit for which applicant is applying by QS 
fishery(ies) and indicate (YES or NO) whether applicant has joined a 
crab harvesting cooperative. If YES, indicate cooperative's name and 
ensure that this application is submitted by the applicant's cooperative 
with its completed application for an annual crab harvesting cooperative 
IFQ permit.
    (iii) Identification of ownership interests. If the applicant is not 
an individual, provide the names of all persons, to the individual 
level, holding an ownership interest in the entity and the percentage 
ownership each person and individual holds in the applicant.

[[Page 936]]

    (iv) Documentation of affiliation. Complete a documentation of 
affiliation declaring any and all affiliations, as the term 
``affiliation'' is defined at Sec. 680.2. A documentation of 
affiliation includes affirmations by the applicant pertaining to 
relationships that may involve direct or indirect ownership or control 
of the delivery of IFQ crab and any supplemental documentation deemed 
necessary by NMFS to determine whether an affiliation exists. Indicate 
whether any entity that holds PQS or IPQ is affiliated with the 
applicant, as affiliation is defined in Sec. 680.2. If the applicant is 
considered affiliated, the applicant must provide a list of all PQS or 
IPQ holders with which he/she is affiliated, including full name, 
business mailing address, and business telephone number.
    (v) Certification of applicant. The applicant must sign and date the 
application certifying that all information is true, correct, and 
complete to the best of his/her knowledge and belief. Print the name of 
the applicant. If the application is completed by an authorized 
representative, proof of authorization must accompany the application.
    (g) Crab IFQ hired master permit. (1) A crab IFQ hired master permit 
is issued on an annual basis and authorizes the individual identified on 
the permit to harvest and land IFQ crab for debit against the specified 
crab IFQ permit until the crab IFQ hired master permit expires or is 
revoked, suspended, or modified pursuant to Sec. 679.43 or under 15 CFR 
part 904, or on request of the crab IFQ permit holder.
    (2) A legible copy of the crab IFQ hired master permit must be on 
board the vessel used by the hired master to harvest IFQ crab at all 
times IFQ crab are retained on board. Except as specified in Sec. 
680.42, an individual who is issued a crab IFQ hired master permit must 
remain aboard the vessel used to harvest IFQ crab, specified under that 
permit, during the crab fishing trip and at the landing site until all 
crab harvested under that permit are offloaded and the landing report 
for IFQ crab is completed.
    (h) Contents of application for crab IFQ hired master permit. In 
order for the application to be considered complete, a copy of the USCG 
Abstract Of Title or Certificate Of Documentation must be included with 
this application to demonstrate percent of vessel ownership by the IFQ 
permit holder. A complete application for a crab IFQ hired master permit 
must include the following information:
    (1) Purpose of application. Indicate whether the application is to 
add or to delete a hired master and identification of crab IFQ permit(s) 
for which this application is submitted.
    (2) IFQ permit holder information. Enter permit holder's name, NMFS 
Person ID, and social security number (optional) or tax identification 
number; permit holder's permanent or temporary business mailing address; 
and permit holder's business telephone number, facsimile number, and e-
mail address (if available).
    (3) Identification of vessel upon which crab IFQ will be harvested. 
Enter the vessel's name, ADF&G vessel registration number, and USCG 
documentation number. Indicate whether (YES or NO) the permit holder has 
at least a 10 percent ownership interest in the vessel the crab IFQ 
hired master will use to fish permit holder's IFQ crab. If YES, provide 
documentation of IFQ permit holder's 10 percent ownership interest.
    (4) IFQ hired master permit holder information. Complete a separate 
section for each crab IFQ hired master. Enter the hired master's name, 
NMFS Person ID, social security number (optional) or tax identification 
number, and date of birth; hired master's permanent or temporary 
business mailing address; and hired master's business telephone number, 
facsimile number, and e-mail address (if available).
    (5) Applicant certification. The applicant must sign and date the 
application certifying that all information is true, correct, and 
complete to the best of his/her knowledge and belief. If the application 
is completed by an authorized representative, then authorization must 
accompany the application.
    (i) RCR permit. (1) An RCR permit is issued on an annual basis. An 
RCR permit is valid during the crab fishing year for which it is issued 
until the RCR permit expires or is revoked, suspended, or modified 
pursuant to Sec. 679.43 or under 15 CFR part 904.

[[Page 937]]

    (2) An RCR permit is required for any person who receives 
unprocessed CR crab from the person(s) who harvested the crab, the owner 
or operator of a vessel that processes CR crab at sea, any person 
holding IPQ, and any person required to submit a Departure Report under 
50 CFR 679.5(l)(4).
    (j) Contents of application for RCR permit. For the application to 
be considered complete, all fees required by NMFS must be paid, and any 
EDR required under Sec. 680.6 must be submitted to the DCA. In 
addition, the applicant must include the following information:
    (1) Purpose of application. Indicate whether the application is a 
request for a new RCR permit, a renewal of an existing RCR permit, or an 
amendment to an existing RCR permit. If a renewal of or amendment to an 
existing RCR permit, include the applicant's RCR permit number.
    (2) Applicant identification. Enter applicant's name and NMFS Person 
ID; applicant's social security number or tax ID number (required); name 
of contact person for the applicant, if applicant is not an individual; 
applicant's permanent business mailing address; and business telephone 
number, facsimile number, and e-mail address (if available).
    (3) Type of activity. Select type of receiving or processing 
activity and whether catcher/processor or shoreside processor.
    (4) Individual responsible for submission of EDR. Enter the name of 
the designated representative submitting the EDR on behalf of the RCR, 
if an EDR is required at Sec. 680.6. If different from the RCR's 
contact information, also enter the designated representative's business 
mailing address, telephone number, facsimile number, and e-mail address 
(if available).
    (5) Application certification. The applicant must sign and date the 
application certifying that all information is true, correct, and 
complete to the best of his/her knowledge and belief. If the application 
is completed by an authorized representative, then proof of 
authorization must accompany the application.
    (k) Federal crab vessel permit. The owner of a vessel must have a 
Federal crab vessel permit on board that vessel when used to fish for CR 
crab.
    (1) A Federal crab vessel permit is issued on an annual basis to the 
owner of the vessel and is in effect from the date of issuance through 
the end of the crab fishing year for which the permit was issued, unless 
it is revoked, suspended, or modified under Sec. 600.735 or Sec. 
600.740.
    (2) A Federal crab vessel permit may not be surrendered at any time 
during the crab fishing year for which it was issued.
    (3) A Federal crab vessel permit issued under this paragraph is not 
transferable or assignable and is valid only for the vessel for which it 
is issued.
    (4) To qualify for a Federal crab vessel permit, the applicant must 
be a U.S. Citizen.
    (5) The holder of a Federal crab vessel permit must submit an 
amended application for a Federal crab vessel permit within 10 days of 
the date of change in: the ownership of the vessel (a copy of the 
current USCG documentation for the vessel showing the change in 
ownership must accompany the amended application), or the individual 
responsible for submission of the EDR on behalf of the vessel's 
owner(s).
    (l) Contents of application for federal crab vessel permit. For the 
application to be considered complete, all fees required by NMFS must be 
paid, and any EDR required under Sec. 680.6 must be submitted to the 
DCA. Also, if ownership of the vessel has changed or if the permit 
application for a vessel to which a Federal crab vessel permit has never 
been issued, a copy of the USCG Abstract Of Title or Certificate Of 
Documentation. In addition the applicant must include the following 
information:
    (1) Purpose of application. Indicate whether the application is a 
request for a new permit, a renewal of an existing permit, or an 
amendment to an existing permit. If a renewal of or amendment to an 
existing permit, include the current Federal crab vessel permit number.
    (2) Contact owner information. The name(s), permanent business 
mailing address, social security number (voluntary) or tax ID number, 
business

[[Page 938]]

telephone number, business facsimile number, business e-mail address (if 
available) of all vessel owners, and the name of any person or company 
(other than the owner) that manages the operation of the vessel.
    (3) Vessel information. Enter the vessel's name and home port (city 
and state); ADF&G processor code, if vessel is a catcher/processor or 
stationary floating crab processor; whether a vessel of the United 
States; USCG documentation number; ADF&G vessel registration number; and 
vessel's LOA (in feet), registered length (in feet), gross tonnage, net 
tonnage, and shaft horsepower. Indicate all types of operations the 
vessel may conduct during a crab fishing year.
    (4) Designated representative for EDR. Enter the name of the 
designated representative who is responsible for completion and 
submission of the EDR, and the representative's business mailing 
address, telephone number, facsimile number, and e-mail address (if 
available).
    (5) Applicant certification. The applicant must sign and date the 
application certifying that all information is true, correct, and 
complete to the best of his/her knowledge and belief. Print the 
applicant name. If the application is completed by an authorized 
representative, then authorization must accompany the application.
    (m) Annual crab harvesting cooperative IFQ permit. See Sec. 680.21.
    (n) Contents of annual application for converted CPO QS/IFQ permit. 
(1)(i) A complete application must be received by NMFS no later than 
August 1 of the crab fishing year for which a person or crab harvesting 
cooperative is applying to receive converted CPO QS and the IFQ derived 
from that converted CPO QS. If a complete application is not received by 
NMFS by this date, that person or crab harvesting cooperative will not 
receive converted CPO QS and the IFQ derived from that converted CPO QS 
for that crab fishing year.
    (ii) To receive converted CPO QS/IFQ this application must be 
accompanied by a timely and complete application for crab IFQ/IPQ 
described at paragraph (f) of this section or a timely and complete 
application for a crab harvesting cooperative IFQ permit described at 
paragraph (m) of this section.
    (2) For the application to be considered complete, all fees required 
by NMFS must be paid, and any EDR required under Sec. 680.6 must be 
submitted to the DCA. In addition, the applicant must include the 
following information (see paragraphs (n)(2)(i) through (v) of this 
section):
    (i) Entity identification. Indicate the entity (Entity A, B, or C) 
described in Sec. 680.40(c)(5)(ii) through (c)(5)(iv) for which you are 
applying to receive converted CPO QS.
    (ii) Applicant information. Enter applicant's name and NMFS Person 
ID; applicant's permanent business mailing address and any temporary 
mailing address the applicant wishes to use; and applicant's business 
telephone number, facsimile number, and e-mail address.
    (A) For Entity A or B:
    (1) Identify the amount of CVO QS in either the BBR or BSS crab QS 
fishery with a North Region designation for issuance as converted CPO 
QS; and
    (2) Identify the amount of PQS in either the BBR or BSS crab QS 
fishery initially issued to you by NMFS with a North Region designation 
for issuance as converted CPO QS.
    (B) For Entity C:
    (1) Identify the amount of CVO QS in either the BBR or BSS crab QS 
fishery initially issued to you by NMFS with a North Region designation 
for issuance as converted CPO QS; and
    (2) Identify the amount of PQS in either the BBR or BSS crab QS 
fishery with a North Region designation for issuance as converted CPO 
QS.
    (iii) Affiliate information for Entities A and B. (A) For Entities A 
and B described in Sec. 680.40(c)(5)(ii) and (c)(5)(iii), indicate the 
permanent business mailing address and any temporary mailing address, 
business telephone number, facsimile number, and e-mail address of any 
person who is affiliated with you based on information provided in an 
annual application for IFQ/IPQ that is approved by the Regional 
Administrator for that crab fishing year
    (B) Indicate the amount of PQS in either the BBR or BSS crab QS 
fishery initially issued to that person with a North Region designation 
for issuance as converted CPO QS.

[[Page 939]]

    (C) Indicate the amount of CVO QS in either the BBR or BSS crab QS 
fishery with a North Region designation held by the affiliate for 
issuance as converted CPO QS.
    (iv) Affiliate information for Entity C. (A) For Entity C described 
in Sec. 680.40(c)(5)(iv), indicate the permanent business mailing 
address and any temporary mailing address, business telephone number, 
facsimile number, and e-mail address of any person who is affiliated 
with you based on information provided in an annual application for IFQ/
IPQ that is approved by the Regional Administrator for that crab fishing 
year.
    (B) Indicate the amount of PQS in either the BBR or BSS crab QS 
fishery with a North Region designation for issuance as converted CPO 
QS.
    (C) Indicate the amount of CVO QS in either the BBR or BSS crab QS 
fishery initially issued to the affiliate with a North Region 
designation for issuance as converted CPO QS.
    (v) Certification of applicant and affiliates. The applicant and any 
persons who are affiliated with the applicant and named on the 
application must sign and date the application certifying that all 
information is true, correct, and complete to the best of his/her 
knowledge and belief. If the application is completed by an authorized 
representative, proof of authorization must accompany the application.

[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 32864, June 7, 2006; 73 
FR 29982, May 23, 2008; 73 FR 76189, Dec. 15, 2008]



Sec. 680.5  Recordkeeping and reporting (R&R).

    (a) General requirements--(1) Recording and reporting crab. Any CR 
crab harvested that is retained must be recorded and reported.
    (2) Responsibility. (i) The participants in the CR fisheries are 
responsible for complying with the following R&R requirements:

------------------------------------------------------------------------
  Recordkeeping and reporting
             report              Person responsible       Reference
------------------------------------------------------------------------
(A) Longline and pot gear        Owner and operator  Sec. 679.5(c)(1).
 catcher vessel daily fishing     of vessel.
 logbook.
(B) Longline and pot gear        Owner and operator  Sec. 679.5(c)(1).
 catcher/processor daily          of vessel.
 cumulative production logbook.
(C) Product Transfer Report      Owner and operator  Sec. 679.5(g).
 (PTR).                           of catcher/
                                  processor; Owner
                                  and manager of
                                  shoreside
                                  processor or
                                  SFCP; RCR.
(D) U.S. Vessel Activity Report  Owner and operator  Sec. 679.5(k).
 (VAR).                           of vessel.
(E) Transhipment Authorization.  Owner and operator  Sec. 679.5(l)(3).
                                  of a catcher/
                                  processor; RCR.
(F) IFQ Departure Report.......  Owner and operator  Sec. 679.5(l)(4).
                                  of vessel.
(G) CR Crab Landing Report.....  RCR...............  Sec. 679.5(e)
(H) [Reserved].................  ..................  ...................
(I) Eligible Crab Community      ECCO..............  Sec. 680.5(f).
 Organization (ECCO) Annual
 Report for an Eligible Crab
 Community (ECC).
(J) RCR Fee Submission Form....  RCR...............  Sec. 680.5(g).
(K) Crab Economic Data Report    Owners or           Sec. 680.6.
 (EDR).                           leaseholders of a
                                  catcher vessel,
                                  catcher/
                                  processor,
                                  shoreside
                                  processor, or
                                  SFCP.
(L) CR RCR Ex vessel Volume and  RCR...............  Sec. 680.5(m)
 Value Report.
------------------------------------------------------------------------

    (3) Representative. Designation of a representative to complete R&R 
requirements does not relieve the person(s) responsible for compliance 
from ensuring compliance with this section.
    (4) Submittal of information. A person must submit to NMFS all 
information, records, and reports required in this section in English 
and in a legible, timely, and accurate manner, based on A.l.t.; if 
handwritten or typed, in indelible ink.
    (5) Alteration of records. A person may not alter or change any 
entry or record submitted to NMFS, except that an inaccurate, 
incomplete, or incorrect entry or record may be corrected after 
notifying the Regional Administrator at the address and facsimile number 
listed on each form, or as provided the opportunity on the Internet.
    (6) Inspection of records. A person responsible for R&R under 
paragraph (a)(2) of this section must make available for inspection all 
reports, forms,

[[Page 940]]

scale receipts, and CR crab landing report receipts upon the request of 
an authorized officer for the time periods indicated in paragraph (a)(7) 
of this section.
    (7) Retention of records. A person responsible for R&R under 
paragraph (a)(2) of this section must retain all reports and receipts as 
follows:
    (i) On site. Until the end of the crab fishing year during which the 
records were made and for as long thereafter as crab or crab products 
recorded in the records are retained onboard the vessel or on site at 
the facility; and
    (ii) For 3 years. For 3 years after the end of the crab fishing year 
during which the records were made.
    (8) Landing verification and inspection. Each CR crab landing and 
all crab retained on board the vessel making a CR crab landing are 
subject to verification and inspection by authorized officers.
    (9) Sampling. Each CR crab landing and all crab retained onboard a 
vessel making a CR crab landing are subject to sampling by authorized 
officers and observers.
    (b) IFQ crab landings--(1) Landing reports. See Sec. 679.5(e) of 
this chapter.
    (2) Properly debited landing. All landed crab catch must be weighed, 
reported, and debited from the appropriate IFQ account under which the 
catch was harvested, and IPQ account under which it was received, as 
appropriate (see Sec. 679.5(e) of this chapter).
    (c)-(e) [Reserved]
    (f) ECCO Annual Report. (1) Annually by June 30, each ECCO must 
submit a complete annual report on its crab QS activity for the prior 
crab fishing year for each ECC represented by the ECCO. The ECCO must 
submit a copy of the annual report to the governing body of each 
community represented by the ECCO and to the Regional Administrator, 
NMFS, Alaska Region; P.O. Box 21668; Juneau, AK 99802.
    (2) Contents of ECCO Annual Report. A complete annual report must 
include the following information for the crab IFQ derived from the QS 
held by the ECCO:
    (i) Name, ADF&G vessel registration number, USCG documentation 
number, and Federal crab vessel permit of each vessel from which the 
crab IFQ was harvested;
    (ii) Name and business addresses of individuals employed as crew 
members when fishing the crab IFQ;
    (iii) Criteria used by the ECCO to distribute crab IFQ leases among 
eligible community residents;
    (iv) Description of efforts made to ensure that crab IFQ lessees 
employ crew members who are eligible community residents of the ECC 
aboard vessels on which crab IFQ derived from QS held by a ECCO is being 
fished;
    (v) Description of the process used to solicit lease applications 
from eligible community residents of the ECC on whose behalf the ECCO is 
holding QS;
    (vi) Names and business addresses and amount of crab IFQ requested 
by each individual applying to receive crab IFQ from the ECCO;
    (vii) Any changes in the bylaws of the ECCO, board of directors, or 
other key management personnel;
    (viii) Copies of minutes, bylaw changes, motions, and other relevant 
decision making documents from ECCO board meetings.
    (g) RCR fee submission form (See Sec. 680.44). (1) Applicability. 
An RCR or the RCR's authorized representative, who receives any CR crab 
pursuant to Sec. 680.44 must submit to NMFS online a complete RCR fee 
form as instructed on the form at NMFS Alaska Region website at http://
alaskafisheries.noaa.gov.
    (2) Due date and submittal. The reporting period of the RCR fee 
submission shall be the crab fishing year. An RCR must submit any crab 
cost recovery fee liability payment(s) and the RCR fee submission form 
to NMFS online not later than July 31 following the crab fishing year in 
which the CR crab landings were made.
    (3) Required information. An RCR must accurately record on the RCR 
fee submission form the following information:
    (i) Identification of the RCR. Enter the printed full name, NMFS 
person ID, RCR permit number, social security number or Federal tax 
identification number of the RCR. Enter the permanent or temporary 
business mailing address (indicate whether permanent or temporary), and 
the business telephone number, facsimile number, and e-mail address (if 
available).

[[Page 941]]

    (ii) Signature of applicant. Enter printed name and signature of 
applicant and date signed. If authorized representative, attach 
authorization to application.
    (iii) Method of Payment (see Sec. 680.44 (a)(4)). The RCR must 
select the method of payment for fees; whether by personal check, bank 
certified check (cashier's check), money order, or credit card. If by 
credit card, the RCR must select the type of credit card and enter the 
card number, expiration date, amount of payment, name as printed on the 
card, signature of the card holder, and date of signature.
    (h) Product transfer report. (See Sec. 679.5(g).)
    (i) U.S. Vessel activity report (VAR). (See Sec. 679.5(k).)
    (j) Transshipment authorization. (See Sec. 679.5(l)(3).)
    (k) IFQ departure report. (See Sec. 679.5(l)(4).)
    (l) Catcher vessel longline and pot daily fishing logbook (DFL) and 
catcher/processor daily cumulative production logbook (DCPL). (See Sec. 
679.5 (c)).
    (m) CR Registered Crab Receiver (RCR) Ex-vessel Volume and Value 
Report--(1) Applicability. An RCR that also operates as a shoreside 
processor or stationary floating crab processor and receives and 
purchases landings of CR crab must submit annually to NMFS a complete CR 
RCR Ex-vessel Volume and Value Report, as described in this paragraph 
(m), for each reporting period in which the RCR receives CR crab.
    (2) Reporting period. The reporting period of the CR RCR Ex-vessel 
Volume and Value Report shall extend from August 15 through April 30 of 
the following year, inclusive.
    (3) Due date. A complete CR RCR Ex-vessel Volume and Value Report 
must be received by the Regional Administrator not later than May 15 of 
the reporting period in which the RCR received the CR crab.
    (4) Information required. The RCR must log in to http://
alaskafisheries.noaa.gov using the RCR's password and NMFS person ID to 
submit a CR RCR Ex-vessel Volume and Value Report. The NMFS software 
autofills the RCR name. The User must review the autofilled cells to 
ensure that they are accurate. The RCR must enter the information in 
paragraphs (m)(4)(i) through (iv) of this section for a complete CR RCR 
Ex-vessel Volume and Value Report for priced crab delivered raw:
    (i) RCR identification. (A) RCR permit number.
    (B) Landing month.
    (C) Port (location of facility or vessel).
    (ii) CR crab program (e.g., IFQ, CDQ, ADAK).
    (iii) CR crab pounds purchased and ex-vessel value. Enter for each 
program, fishery, species, and month.
    (A) Pounds purchased. The total CR crab pounds purchased by fishery 
and species for each month.
    (B) Ex-vessel value paid. The total gross ex-vessel value paid for 
raw CR crab pounds before any deductions are made for goods and services 
provided to the CR crab harvesters. The gross value includes all value 
paid in any form (e.g., dollars, goods, services, bait, ice, fuel, 
repairs, machinery replacement, etc.), and any retro payments paid for 
crab in paragraph (m)(4)(iii)(A) of this section.
    (iv) Certification. By using the RCR NMFS ID and password and 
submitting the report, the RCR certifies that all information is true, 
correct, and complete to the best of his or her knowledge and belief.
    (5) Submittal. The RCR must complete and submit online by electronic 
submission to NMFS the CR Registered Crab Receiver Ex-vessel Volume and 
Value Report available at https://alaskafisheries.noaa.gov.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 
FR 75421, Dec. 20, 2005; 73 FR 76189, Dec. 15, 2008; 74 FR 51519, Oct. 
7, 2009; 75 FR 56486, Sept. 16, 2010]



Sec. 680.6  Crab economic data report (EDR).

    Persons participating in the CR crab fisheries are required to 
submit the EDRs described in this section for various permit 
applications to be considered complete. Use these tables to complete the 
EDRs described in this section: Table 1, Crab Rationalization (CR) 
Fisheries; Table 2, Crab Species Codes; Table 3c, Crab Product Codes for 
the EDRs; Table 4, Crab Process Codes;

[[Page 942]]

Table 5, Crab Size Codes; and Table 6, Crab Grade Codes.
    (a) Catcher vessel historical EDR. (1) NMFS will select catcher 
vessels from a list of known catcher vessels, as determined by NMFS, 
that made at least one landing from fisheries listed in Table 1 to this 
part between January 1, 1998, through December 31, 2004, and will 
publish a Federal Register notice identifying vessels whose existing or 
former owners and leaseholders are required to submit an EDR, as 
follows:
    (i) Owners or leaseholders of catcher vessels that participated in 
the BSAI crab fisheries between January 1, 1998, through December 31, 
2004, and have received an allocation of QS, PQS, IFQ, or IPQ.
    (ii) Owners or leaseholders of catcher vessels that participated in 
the BSAI crab fisheries between January 1, 1998, through December 31, 
2004, that did not qualify for and receive QS, PQS, IFQ, or IPQ, but 
were participants at any time since January 23, 2004, in the BSAI crab 
fisheries.
    (2) Time limit. The owner or leaseholder of the identified vessels 
must submit the historical EDR to the DCA 90 days after the Federal 
Register notice notifying owners or leaseholders, to the address 
provided on the form.
    (3) Instructions. Instructions for submitting a catcher vessel 
historical EDR and certification page are specified in the following 
table:

----------------------------------------------------------------------------------------------------------------
                                                                                You must complete and submit . .
            If you were . . .                           And . . .                               .
----------------------------------------------------------------------------------------------------------------
(i) The catcher vessel owner as           (A) You harvested BSAI crab in the    Entire EDR for each year that
 described in paragraph (a)(1) of this     vessel described at paragraph         BSAI crab was harvested.
 section.                                  (a)(4)(ii)(B) of this section and
                                           were notified by NMFS to submit an
                                           EDR for selected years.
                                          (B) No one harvested BSAI crab in     EDR certification pages.
                                           the vessel described at paragraph
                                           (a)(4)(ii)(B) of this section and
                                           you were notified by NMFS to submit
                                           an EDR for selected years.
                                          (C) You leased the vessel to another  (1) EDR certification pages.
                                           party, and harvested no BSAI crab
                                           in the vessel described at
                                           paragraph (a)(4)(ii)(B) of this
                                           section and were notified by NMFS
                                           to submit an EDR for selected years.
                                                                                (2) Provide the name, business
                                                                                 address, and telephone number
                                                                                 of the person to whom you
                                                                                 leased the vessel during the
                                                                                 NMFS-selected years.
                                          (D) You leased the vessel for a       (1) Entire EDR for each year
                                           portion of the year to another        that BSAI crab was harvested.
                                           party, but harvested some BSAI crab
                                           in the vessel described at
                                           paragraph (a)(4)(ii)(B) of this
                                           section and were notified by NMFS
                                           to submit an EDR for selected years.
                                                                                (2) Provide the name, business
                                                                                 address, and telephone number
                                                                                 of the person to whom you
                                                                                 leased the vessel during the
                                                                                 NMFS-selected years.
(ii) The leaseholder as described in      You harvested BSAI crab in the        Entire EDR for each year that
 paragraph (a)(1) of this section.         vessel described at paragraph         BSAI crab was harvested.
                                           (a)(4)(ii)(B) of this section
                                           vessel and were notified by NMFS to
                                           submit an EDR for selected years.
----------------------------------------------------------------------------------------------------------------

    (4) EDR certification pages. (i) The owner or leaseholder must 
submit the EDR certification pages either:
    (A) As part of the entire EDR. The owner or leaseholder must submit 
the completed EDR certification pages as part of the entire EDR and must 
attest to the accuracy and completion of the EDR by signing and dating 
the certification pages; or
    (B) As a separate document. The owner or leaseholder must submit the 
completed EDR certification pages only, and must attest that they meet 
the conditions exempting them from submitting the EDR, by signing and 
dating the certification pages (see paragraph (a)(3) of this section).
    (ii) The owner, leaseholder, or designated representative must 
submit the following information on the certification pages:
    (A) Calendar year of EDR. Calendar year for which the vessel must 
submit the EDR;

[[Page 943]]

    (B) Catcher vessel information. Vessel name, USCG documentation 
number, ADF&G vessel registration number, crab LLP license number(s), 
current estimated market value of vessel and equipment, and replacement 
value of vessel and equipment.
    (C) Owner information. Name of company, partnership, or sole 
proprietorship and business telephone number, facsimile number, and e-
mail address (if available).
    (D) Designated representative. Any owner or leaseholder may appoint 
a designated representative who is an individual for responding to 
questions on the EDR and must ensure that the designated representative 
complies with the regulations in this part. The designated 
representative is the primary contact person for the DCA on issues 
relating to data required in the EDR.
    (E) Person completing this report. (1) Indicate whether the person 
completing this report is the owner, leaseholder, or designated 
representative;
    (2) If the owner is the person completing this report, check the 
correct box. If the name and address of the owner provided in paragraph 
(a)(4)(ii)(C) of this section is the same as the name and address of the 
person completing the EDR, the information does not need to be repeated 
here; and
    (3) Name of person, title, and business telephone number, facsimile 
number, and e-mail address (if available).
    (5) EDR. The owner or leaseholder must record the following 
information on an EDR:
    (i) BSAI Crab activity chart. Complete a crab activity chart by 
entering the following information: CR fishery code, ADF&G Fish ticket 
number(s), number of days at sea, average crew size (including captain), 
and number of pots lost (if applicable).
    (ii) Crab sales gross revenue. CR fishery code, pounds sold, and 
gross revenue.
    (iii) CDQ crab lease costs. CR fishery code, pounds leased, and 
total cost of lease. If you did not participate in CDQ fisheries, 
indicate N/A.
    (iv) Crab harvesting labor costs. CR fishery code, number of crew 
earning shares (excluding captain), total crew share payment, and 
captain's share payment.
    (v) BSAI crab crew residence. For employees that participated in 
BSAI crab harvesting, record the locations where they reside and the 
number of employees that are from each residential location, as follows:
    (A) If Alaska, enter primary city of residence.
    (B) If state other than Alaska, enter primary state of residence.
    (C) If country other than United States, enter primary country of 
residence.
    (vi) BSAI crab-specific vessel costs. For the fishing year being 
reported, record insurance premiums (for hull, property and indemnity, 
and pollution), insurance deductible fees, quantity and cost of pots 
purchased, line, and other crab fishing gear purchases, pounds and cost 
of bait by species, gallons and cost of fuel, cost of lubrication and 
hydraulic fluids, cost of food and provisions for crew, other crew 
costs, freight costs of supplies shipped to you for the vessel, freight 
costs for landed crab, storage, observer costs, fish taxes, and other 
crab-specific costs.
    (vii) Vessel-specific costs. Record the total annual costs for each 
category. If the reported total cost is not exclusively for BSAI crab 
operations, place an ``X'' in the COST RELATED TO MORE THAN JUST CRAB 
FISHING column. The agency or contracted analyst will prorate this 
amount over all fishing activities. Indicate capitalized expenditures 
for vessel, gear and equipment; repair and maintenance (R&M) expenses 
for vessel, gear and equipment; and other vessel-specific costs 
(specify).
    (viii) Labor payment details. (A) Indicate with an ``X'' in the 
appropriate column whether the following expenses were deducted, 
directly charged, or not deducted or directly charged from the total 
revenue before calculating the crew payments in BSAI fisheries: fuel and 
lubrication, food and provisions, bait, fish tax, observer costs, CDQ 
fish, freight, gear loss, and other (specify).
    (B) Indicate percentage of the net share that was applied to boat 
share and crew share (including captain).
    (ix) Annual totals for all fisheries. For the calendar year, record 
the total days at sea, gross revenue, round pounds caught (excluding 
discards),

[[Page 944]]

and labor costs for your fishing activities in all fisheries in which 
you participated (crab, groundfish, etc.).
    (b) Catcher vessel annual EDR--(1) Requirement. On or before June 28 
of each year, any owner or leaseholder of a catcher vessel that landed 
crab from a CR fishery must submit to the DCA, at the address provided 
on the form, an EDR for annual data for the previous calendar year. For 
the year 2005, the annual EDR is due on or before June 28, 2006.
    (2) Instructions. Instructions for submitting a catcher vessel 
annual EDR and certification page are specified in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                You must complete and submit . .
            If you are . . .                            And . . .                               .
----------------------------------------------------------------------------------------------------------------
(i) The catcher vessel owner............  (A) You harvested BSAI crab in the    Entire EDR.
                                           vessel described at paragraph
                                           (b)(3)(ii)(B) of this section
                                           during this calendar year.
                                          (B) No one harvested BSAI crab in     EDR certification pages.
                                           the vessel described at paragraph
                                           (b)(3)(ii)(B) of this section
                                           during this year.
                                          (C) You leased the vessel to another  (1) EDR certification pages.
                                           party, and harvested no BSAI crab
                                           in the vessel described at
                                           paragraph (b)(3)(ii)(B) of this
                                           section during this calendar year.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 vessel during this calendar
                                                                                 year.
                                          (D) You leased the vessel for a       (1) Entire EDR.
                                           portion of the year to another
                                           party, but harvested some BSAI crab
                                           in the vessel described at
                                           paragraph (b)(3)(ii)(B) of this
                                           section during this calendar year.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 vessel during this calendar
                                                                                 year.
(ii) The leaseholder....................  You harvested BSAI crab in the        Entire EDR.
                                           vessel described at paragraph
                                           (b)(3)(ii)(B) of this section
                                           vessel during this calendar year.
----------------------------------------------------------------------------------------------------------------

    (3) EDR certification pages. (i) The owner or leaseholder must 
submit the EDR certification pages either:
    (A) As part of the entire EDR. The owner or leaseholder must submit 
the completed EDR certification pages as part of the entire EDR and must 
attest to the accuracy and completion of the EDR by signing and dating 
the certification pages; or
    (B) As a separate document. The owner or leaseholder must submit the 
completed EDR certification pages only, and must attest that they meet 
the conditions exempting them from submitting the EDR, by signing and 
dating the certification pages.
    (ii) The owner or leaseholder must submit the following information 
on the certification pages:
    (A) Calendar year of EDR. Calendar year of reporting year;
    (B) Catcher vessel information. Catcher vessel name, USCG 
documentation number, ADF&G vessel registration number, Federal crab 
vessel permit number, crab LLP license number(s), current estimated 
market value of vessel and equipment, and replacement value of vessel 
and equipment;
    (C) Owner information. Name of company, partnership, or sole 
proprietorship and business telephone number, facsimile number, and e-
mail address (if available);
    (D) Designated representative. Any owner or leaseholder may appoint 
a designated representative who is an individual for responding to 
questions on the EDR and must ensure that the designated representative 
complies with the regulations in this part. The designated 
representative is the primary contact person for the DCA on issues 
relating to data required in the EDR.
    (E) Person completing this report. (1) Indicate whether the person 
completing this report is the owner, leaseholder, or designated 
representative;
    (2) If the owner is the person completing this report, check the 
correct box. If the name and address of the owner provided in paragraph 
(b)(3)(ii)(C) of this section are the same

[[Page 945]]

as the name and address of the person completing the EDR, the 
information does not need to be repeated here; and
    (3) Name of person, title, and business telephone number, facsimile 
number, and e-mail address (if available).
    (4) EDR. The owner or leaseholder must record the following 
information on an EDR.
    (i) BSAI Crab activity chart. Complete a crab activity chart by 
entering the following information: CR fishery code, ADF&G Fish ticket 
number(s), number of days at sea, average crew size (including captain), 
and number of pots lost (if applicable).
    (ii) Crab sales, gross revenue. CR fishery code, species code, 
pounds sold, and gross revenue;
    (iii) CDQ and IFQ crab leases. CR fishery code, species code, pounds 
leased, and total cost of leasing the quota. If you did not participate 
in CDQ or IFQ fisheries, indicate N/A.
    (iv) Crab harvesting labor costs--(A) Standard crew payment (shares) 
for non-IFQ crew and/or captains. CR fishery code, number of crew 
earning shares, total crew share payment, and captain's share payment;
    (B) Payments to IFQ-holding crew and/or captains. CR fishery code, 
number of crew contributing IFQ shares, pounds of IFQ contributed by 
crew, total payment to crew for IFQ and shares (for all crab caught, and 
residual profit on their IFQ), pounds of IFQ contributed by captain, and 
payment to captain for IFQ and shares (for all fish caught, and residual 
profit on their IFQ);
    (v) BSAI crab crew residence--(A) Employees with crew license. 
Record the Alaska Commercial Crew license number or the State of Alaska 
Commercial Fisheries Entry Commission (CFEC) gear operator permit 
number, and location of crew residence (city and state);
    (B) Employees without crew license. Record the locations where they 
reside and the number of employees that are from each residential 
location as follows:
    (1) If Alaska, enter primary city of residence;
    (2) If state other than Alaska, enter primary state of residence; or
    (3) If country other than United States, enter primary country of 
residence.
    (vi) BSAI crab-specific vessel costs. Insurance premiums (hull, 
property and indemnity, and pollution), insurance deductible fees, pots 
purchased, line and other gear purchases, pounds and cost of bait by 
species, gallons and cost of fuel, lubrication and hydraulic fluids, 
food and provisions for crew, other crew costs, freight costs of 
supplies shipped to you for the vessel, freight costs for landed crab, 
storage, observer costs, fish taxes, other crab-specific costs 
(specify), and fishing cooperative costs.
    (vii) Vessel-specific costs. Record the total annual costs for each 
category. If the reported total cost is not exclusively for BSAI crab 
operations, place an ``X'' in the COST RELATED TO MORE THAN JUST CRAB 
FISHING column. The agency or contracted analyst will prorate this 
amount over all fishing activities. Indicate capitalized expenditures 
for vessel, gear and equipment (city and state where purchased); R&M 
expenses for vessel, gear and equipment (city and state where repairs 
were made); and other vessel-specific costs (specify).
    (viii) Labor payment details. (A) Indicate with an ``X'' in the 
appropriate column whether the following expenses were deducted, 
directly charged, or not deducted or directly charged from the total 
revenue before calculating the crew payments in BSAI crab fisheries: 
fuel and lubrication, food and provisions, bait, fish tax, observer 
costs, CDQ fish, IFQ leases, freight, gear loss, and other (specify);
    (B) Indicate percentage of the net share that is applied to boat 
share and crew share (including captain).
    (ix) Annual totals for all fisheries. For the calendar year, record 
the total days at sea, gross revenue, round pounds caught (excluding 
discards), and labor costs for your fishing activities in all fisheries 
in which you participated (crab, groundfish, etc.).
    (c) Catcher/processor historical EDR--(1) Requirement. Any owner or 
leaseholder of a catcher/processor that harvested or processed BSAI crab 
in the calendar years 1998, 2001, or 2004 must submit to the DCA, at the 
address provided on the form, an EDR for historical data for each of the 
specified calendar years, if they:

[[Page 946]]

    (i) Received an allocation of QS, PQS, IFQ, or IPQ under this 
program;
    (ii) Did not qualify for and receive QS, PQS, IFQ, or IPQ, but are 
participants at any time since January 23, 2004, in the BSAI crab 
fisheries.
    (2) Time limit. Any owner or leaseholder of the catcher/processor 
described in paragraph (c)(4)(ii)(B) of this section must submit the 
historical EDR to the DCA by June 30, 2005, at the address provided on 
the form.
    (3) Instructions. Instructions for submitting a catcher/processor 
historical EDR and certification page are specified in the following 
table:

----------------------------------------------------------------------------------------------------------------
                                                                                You must complete and submit . .
            If you were . . .                           And . . .                               .
----------------------------------------------------------------------------------------------------------------
(i) The catcher/processor owner           (A) You processed BSAI crab in the    Entire EDR for each year that
 described in paragraph of this section.   vessel described at paragraph         BSAI crab was processed.
                                           (c)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                          (B) No one processed BSAI crab in     EDR certification pages for each
                                           the vessel described at paragraph     year that no one processed BSAI
                                           (c)(4)(ii)(B) of this section         crab.
                                           during 1998, 2001, or 2004.
                                          (C) You leased your catcher/          (1) EDR certification pages.
                                           processor to another party, and
                                           processed no BSAI crab in the
                                           vessel described at paragraph
                                           (c)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                                                                (2) Provide the name, business
                                                                                 address, and telephone number
                                                                                 of the person to whom you
                                                                                 leased the catcher/processor
                                                                                 during 1998, 2001, or 2004.
                                          (D) You leased your catcher/          (1) Entire EDR for each year
                                           processor for a portion of the year   that BSAI crab was processed.
                                           to another party, but processed
                                           some BSAI crab in the vessel
                                           described at paragraph
                                           (c)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                                                                (2) Provide the name, business
                                                                                 address, and telephone number
                                                                                 of the person to whom you
                                                                                 leased the catcher/processor
                                                                                 during 1998, 2001, or 2004.
(ii) The leaseholder described in         You processed BSAI crab in the        Entire EDR for each year that
 paragraph (c)(1) of this section.         vessel described at paragraph         BSAI crab was processed.
                                           (c)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
----------------------------------------------------------------------------------------------------------------

    (4) EDR certification pages. (i) The owner or leaseholder must 
submit the EDR certification page either:
    (A) As part of the entire EDR. The owner or leaseholder must submit 
the completed EDR certification pages as part of the entire EDR and must 
attest to the accuracy and completion of the EDR by signing and dating 
the certification pages; or
    (B) As a separate document. If the owner or leaseholder did not 
process BSAI crab in 1998, 2001, or 2004, he or she must submit the 
completed EDR certification pages only, and must attest that he or she 
meets the conditions exempting him or her from submitting the EDR, by 
signing and dating the certification pages, for each year of 1998, 2001, 
or 2004 that this applies.
    (ii) The owner or leaseholder must submit the following information 
on the certification pages;
    (A) Calendar year of EDR. Calendar year corresponding to 1998, 2001, 
or 2004;
    (B) Catcher/processor information. Catcher/processor name, USCG 
documentation number, ADF&G processor code, crab LLP license number(s), 
current estimated market value of vessel and equipment, and replacement 
value of vessel and equipment.
    (C) Owner information. Name of company, partnership, or sole 
proprietorship and business telephone number, facsimile number, and e-
mail address (if available).
    (D) Designated representative. Any owner or leaseholder may appoint 
a designated representative who is an individual for responding to 
questions on the EDR and must ensure that the designated representative 
complies with the regulations in this part. The designated 
representative is the primary contact person for the DCA on issues 
relating to data required in the EDR.

[[Page 947]]

    (E) Person completing this report. (1) Indicate whether the person 
completing this report is the owner, leaseholder, or designated 
representative;
    (2) If the owner is the person completing this report, check the 
correct box. If the name and address of the owner provided in paragraph 
(c)(4)(ii)(C) of this section are the same as the name and address of 
the person completing the EDR, the information does not need to be 
repeated here; and
    (3) Name of person, title, and business telephone number, facsimile 
number, and e-mail address (if available).
    (5) EDR. The owner or leaseholder must record the following 
information on an EDR.
    (i) BSAI crab activity chart. Complete a crab activity chart by 
entering the following information: CR fishery code; dates covered 
(beginning and ending day, month and year); number of days at sea; 
number of crab processing days, and number of pots lost (if applicable).
    (ii) BSAI crab production. CR fishery code, raw crab pounds, product 
code, process code, crab size, crab grade, box size, finished pounds, 
and whether custom processed (yes or no).
    (iii) Crab harvesting labor costs. CR fishery code, number of crew 
earning shares, total crew share payment, and captain's share payment.
    (iv) Crab processing labor costs. CR fishery code, number of crew 
with pay determined by processing work, average number of crab 
processing positions, and total processing labor payment.
    (v) BSAI crab crew residence. For employees that participated in 
BSAI crab harvesting and processing, record the locations where they 
reside and the number of employees that are from each residential 
location, as follows:
    (A) If Alaska, enter primary city of residence;
    (B) If state other than Alaska, enter primary state of residence;
    (C) If country other than United States, enter primary country of 
residence;
    (vi) BSAI crab custom processing done for you. CR fishery code, raw 
crab pounds supplied to custom processors, raw crab pounds purchased 
from custom processors, product code, process code, crab size, crab 
grade, box size, finished pounds, and processing fee.
    (vii) Raw crab purchases from delivering vessels. CR fishery code, 
crab size, crab grade, raw crab pounds purchased, and gross payment.
    (viii) CDQ Crab Costs (leases). CR fishery code, pounds leased, and 
total cost. If you did not participate in CDQ or IFQ fisheries, indicate 
N/A.
    (ix) Annual BSAI crab sales. Record the following information on 
crab sales to affiliated entities and to unaffiliated entities: species 
code, product code, process code, crab size, crab grade, box size, 
finished pounds, and FOB Alaska Revenues.
    (x) BSAI crab-specific vessel costs. Insurance premiums (hull, 
property and indemnity, and pollution); insurance deductible fees; total 
of fisheries taxes which includes the Alaska fisheries business tax, 
Alaska fisheries resource landing tax, SMAA taxes, and other local sales 
tax on raw fish; pots purchased (quantity and cost); line and other crab 
fishing gear purchases; bait (by each CR fishery code, species, pounds 
and cost); fuel (by CR fishery code, gallons and cost); lubrication and 
hydraulic fluids; food and provisions for crew; other crew costs; 
processing and packaging materials, equipment and supplies; re-packing 
costs, broker fees and promotions for BSAI crab sales (by CR fishery 
code); observer costs (by CR fishery code); freight costs for supplies 
to the vessel; freight and handling costs for processed crab products 
from the vessel; product storage; gear storage; and other crab-specific 
costs (specify).
    (xi) Vessel-specific costs. Record the total annual costs for each 
category. If the reported total cost is not exclusively for BSAI crab 
operations, place an ``X'' in the COST RELATED TO MORE THAN JUST CRAB 
FISHING column. The agency or contracted analyst will prorate this 
amount over all fishing activities. Indicate capitalized expenditures 
for vessel, gear and equipment; R&M expenses for vessel, gear and 
equipment (city and state where repairs were made); number of employees 
and salaries for foremen, managers, and other employees not included in 
direct labor costs; and other vessel-specific costs (specify).

[[Page 948]]

    (xii) BSAI crab custom processing performed for others. CR Fishery 
code, product code, process code, and processing revenue.
    (xiii) Annual totals for all fisheries. For the calendar year, 
record the total processing days, total days at sea, gross revenue, 
finished pounds processed, round pounds caught (excluding discards), and 
labor costs for your fishing and processing activities in all fisheries 
in which you participated (crab, groundfish, etc.).
    (xiv) Labor payment details. (A) Indicate with an ``X'' in the 
appropriate column whether the following expenses were deducted, 
directly charged, or not deducted or directly charged from the total 
revenue before calculating the crew payments in BSAI fisheries: fuel and 
lubrication, food and provisions, bait, fish tax, observer costs, CDQ 
fish, freight, gear loss, and other (specify).
    (B) Indicate percentage of the net share that was applied to boat 
share and harvesting crew share (including captain).
    (C) If processing workers were paid on a share system, indicate 
percentage of the net share (if applicable) that was applied to 
processing workers based on product value or net share.
    (d) Catcher/processor annual EDR--(1) Requirement. On or before June 
28 of each year, any owner or leaseholder of a catcher/processor that 
landed or processed crab from a CR fishery must submit to the DCA, at 
the address provided on the form, an EDR for annual data for the 
previous calendar year. For the year 2005, the annual EDR is due on or 
before June 28, 2006.
    (2) Instructions. Instructions for submitting a catcher/processor 
annual EDR and certification page are specified in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                You must complete and submit . .
            If you are . . .                            And . . .                               .
----------------------------------------------------------------------------------------------------------------
(i) The catcher/processor owner.........  (A) You processed BSAI crab in the    Entire EDR.
                                           vessel described at paragraph
                                           (d)(3)(ii)(B) of this section
                                           during this calendar year.
                                          (B) No one processed BSAI crab in     EDR certification pages.
                                           the vessel described at paragraph
                                           (d)(3)(ii)(B) of this section
                                           during this calendar year.
                                          (C) You leased all of your IPQ to     (1) EDR certification pages.
                                           another party, and processed no
                                           BSAI crab in the vessel described
                                           at paragraph (d)(3)(ii)(B) of this
                                           section during this calendar year.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 IPQ during this calendar year.
                                          (D) You leased portions of your IPQ   (1) Entire EDR.
                                           to another party, but processed
                                           some BSAI crab in the vessel
                                           described at paragraph
                                           (d)(3)(ii)(B) of this section
                                           during this calendar year.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 IPQ during this calendar year.
(ii) The leaseholder described in         You processed BSAI crab in the        Entire EDR.
 paragraph (d)(1) of this section.         described in vessel described at
                                           paragraph paragraph (d)(3)(ii)(B)
                                           of this section this section during
                                           this calendar year.
----------------------------------------------------------------------------------------------------------------

    (3) EDR certification pages. (i) The owner or leaseholder must 
submit the EDR certification pages either:
    (A) As part of the entire EDR. The owner or leaseholder must submit 
the completed EDR certification pages as part of the entire EDR and must 
attest to the accuracy and completion of the EDR by signing and dating 
the certification pages; or
    (B) As a separate document. The owner or leaseholder must submit the 
completed EDR certification pages only, and must attest that they meet 
the conditions exempting them from submitting the EDR, by signing and 
dating the certification pages.
    (ii) The owner or leaseholder must submit the following information 
on the certification pages:
    (A) Calendar year of EDR. Calendar year for the reporting year;

[[Page 949]]

    (B) Catcher/processor information. Catcher/processor name, USCG 
documentation number, ADF&G processor code, RCR permit number, crab LLP 
license number(s), current estimated market value of vessel and 
equipment, and replacement value of vessel and equipment.
    (C) Owner information. Name of company, partnership, or sole 
proprietorship and business telephone number, facsimile number, and e-
mail address (if available).
    (D) Designated representative. Any owner or leaseholder may appoint 
a designated representative who is an individual for responding to 
questions on the EDR and must ensure that the designated representative 
complies with the regulations in this part. The designated 
representative is the primary contact person for the DCA on issues 
relating to data required in the EDR.
    (E) Person completing this report. (1) Indicate whether the person 
completing this report is the owner, leaseholder, or designated 
representative;
    (2) If the owner is the person completing this report, check the 
correct box. If the name and address of the owner provided in paragraph 
(d)(3)(ii)(C) of this section are the same as the name and address of 
the person completing the EDR, the information does not need to be 
repeated here; and
    (3) Name of person, title, and business telephone number, facsimile 
number, and e-mail address (if available).
    (4) EDR. The owner or leaseholder must record the following 
information on an EDR.
    (i) BSAI Crab activity chart. Complete a crab activity chart by 
entering the following information: CR fishery code, dates covered 
(beginning and ending day, month and year), number of days at sea, 
number of crab processing days, and number of pots lost (if applicable).
    (ii) BSAI crab production. CR fishery code, species code, raw crab 
pounds, product code, process code, crab size, crab grade, box size, 
finished pounds, and whether custom processed (Yes or No).
    (iii) Harvesting labor costs. Record the following information for 
crew if they harvest crab only, or harvest and process crab.
    (A) Standard crew payment (shares) for non-IFQ contributing crew 
and/or captains. CR fishery code, number of crew earning shares, total 
crew share payment, and captain's share payment.
    (B) Payments to IFQ-holding crew and/or captains. CR fishery code, 
number of crew contributing IFQ shares, pounds of IFQ contributed by 
crew, total payment to crew for IFQ and shares, pounds of IFQ 
contributed by captain, and payment to captain for IFQ and shares.
    (iv) Crab processing labor costs. CR fishery code, number of crew 
with pay determined by processing work, average number of crab 
processing positions, and total processing labor payment.
    (v) BSAI crab crew residence--(A) Employees with crew license. 
Record the Alaska Commercial Crew license number or the State of Alaska 
Commercial Fisheries Entry Commission (CFEC) gear operator permit 
number, and location of crew residence (city and state);
    (B) Employees without crew license. Record the locations where they 
reside and the number of employees that are from each residential 
location as follows:
    (1) If Alaska, enter primary city of residence;
    (2) If state other than Alaska, enter primary state of residence; or
    (3) If country other than United States, enter primary country of 
residence.
    (vi) BSAI crab custom processing done for you. CR fishery code, 
species code, raw crab pounds supplied to custom processors, raw crab 
pounds purchased from custom processors, product code, process code, 
crab size, crab grade, box size, finished pounds, and processing fee.
    (vii) Raw crab purchases from delivering vessels. CR fishery code, 
species code, crab size, crab grade, raw crab pounds purchased, and 
gross payment.
    (viii) CDQ and IFQ crab costs (leases). For CDQ and IFQ leases enter 
CR fishery code, species code, pounds leased, and total cost. If you did 
not participate in CDQ or IFQ fisheries, indicate N/A.
    (ix) Annual BSAI crab sales. For affiliated entities and 
unaffiliated entities

[[Page 950]]

enter species code, product code, process code, crab size, crab grade, 
box size, finished pounds, and FOB Alaska Revenues.
    (x) BSAI crab-specific vessel costs. Insurance premiums (hull, 
property and indemnity, and pollution); insurance deductible fees; total 
of fisheries taxes which include the Alaska fisheries business tax, 
Alaska fisheries resource landing tax, SMAA taxes, and other local sales 
tax on raw fish; pots purchased by city and state (quantity and cost); 
line and other crab fishing gear purchases by city, state, and cost; 
bait (by each CR fishery code by city and state, species, pounds, and 
cost); fuel in gallons and cost by CR fishery code, city and state; 
lubrication and hydraulic fluids by city and state; food and provisions 
for crew; other crew costs; processing and packaging materials, 
equipment and supplies by city and state; re-packing costs; broker fees 
and promotions for BSAI crab sales (by CR fishery code); observer costs 
(by CR fishery code); freight costs for products to the vessel; freight 
and handling costs for processed crab products from the vessel; product 
storage; gear storage; other crab-specific costs (specify), and fishing 
cooperative costs.
    (xi) Vessel-specific costs. Record the total annual costs for each 
category. If the reported total cost is not exclusively for BSAI crab 
operations, place an ``X'' in the COST RELATED TO MORE THAN JUST CRAB 
FISHING column. The agency or contracted analyst will prorate this 
amount over all fishing activities. Indicate capitalized expenditures 
for vessel, gear and equipment (city and state where purchased); R&M 
expenses for vessel, gear and equipment (city and state where repairs 
were made); number of employees and salaries for foremen, managers and 
other employees not included in direct labor costs; and other vessel-
specific costs (specify).
    (xii) BSAI crab custom processing performed for others. CR fishery 
code, species code, product code, process code, and processing revenue.
    (xiii) Annual totals for all fisheries. For the calendar year, 
record the total processing days, total days at sea, gross revenue, 
finished pounds processed, round pounds caught (excluding discards), and 
labor costs for your fishing and processing activities in all fisheries 
in which you participated (crab, groundfish, etc.).
    (xiv) Labor payment details. (A) Indicate with an ``X'' in the 
appropriate column whether the following expenses were deducted, 
directly charged, or not deducted or directly charged from the total 
revenue before calculating the crew payments in BSAI fisheries: fuel and 
lubrication, food and provisions, bait, fish tax, observer costs, CDQ 
fish, IFQ leases, freight, gear loss, and other (specify).
    (B) Indicate percentage of the net share that is applied to boat 
share and harvesting crew share (including captain).
    (C) If processing workers are paid on a share system, indicate 
percentage of the net share (if applicable) that is applied to 
processing workers based on product value or net share.
    (e) Stationary floating crab processor (SFCP) historical EDR--(1) 
Requirement. Any owner or leaseholder of an SFCP that processed CR crab 
in the calendar years 1998, 2001, or 2004 must submit to the DCA, at the 
address provided on the form, an EDR for historical data for each of the 
specified calendar years, if they:
    (i) Received an allocation of QS, PQS, IFQ, or IPQ under this 
program;
    (ii) Did not qualify for and receive QS, PQS, IFQ, or IPQ, but are 
participants at any time since January 23, 2004, in the BSAI crab 
fisheries.
    (2) Time limit. Any owner or leaseholder of the SFCP described in 
paragraph (e)(4)(ii)(B) of this section must submit the historical EDR 
to the DCA by June 30, 2005, at the address provided on the form.
    (3) Instructions. Instructions for submitting an SFCP historical EDR 
and certification page are specified in the following table:

[[Page 951]]



----------------------------------------------------------------------------------------------------------------
                                                                                You must complete and submit . .
            If you were . . .                           And . . .                               .
----------------------------------------------------------------------------------------------------------------
(i) The SFCP owner described in           (A) You processed BSAI crab in the    Entire EDR for each year that
 paragraph (e)(1) of this section.         SFCP described at paragraph           BSAI crab was processed.
                                           (e)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                          (B) No one processed BSAI crab in     EDR certification pages for each
                                           the SFCP described at paragraph       year that no one processed BSAI
                                           (e)(4)(ii)(B) of this section         crab.
                                           during 1998, 2001, 2004.
                                          (C) You leased your SFCP to another   (1) EDR certification pages.
                                           party, and processed no BSAI crab
                                           in the SFCP described at paragraph
                                           (e)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 SFCP during 1998, 2001, or
                                                                                 2004.
                                          (D) You leased your SFCP a portion    (1) Entire EDR for each year
                                           of the time to another party, but     that BSAI crab was processed.
                                           processed some BSAI crab in the
                                           SFCP described at paragraph
                                           (e)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 SFCP during 1998, 2001, or
                                                                                 2004.
(ii) The leaseholder described in         You operated the SFCP described at    Entire EDR for each year that
 paragraph (e)(1) of this section.         paragraph (e)(4)(ii)(B) of this       BSAI crab was processed.
                                           section and processed some BSAI
                                           crab during 1998, 2001, or 2004.
----------------------------------------------------------------------------------------------------------------

    (4) EDR certification pages. (i) The owner or leaseholder must 
submit the EDR certification pages either:
    (A) As part of the entire EDR. The owner or leaseholder must submit 
the completed EDR certification pages as part of the entire EDR and must 
attest to the accuracy and completion of the EDR by signing and dating 
the certification pages; or
    (B) As a separate document. If the owner or leaseholder did not 
process BSAI crab in 1998, 2001, or 2004, he or she must submit the 
completed EDR certification pages only, and must attest that he or she 
meets the conditions exempting him or her from submitting the EDR, by 
signing and dating the certification pages, for each year of 1998, 2001, 
or 2004 that this applies.
    (ii) The owner or leaseholder must submit the following information 
on the certification pages:
    (A) Calendar year of EDR. Calendar years corresponding to 1998, 
2001, or 2004;
    (B) SFCP information. SFCP name, USCG documentation number, ADF&G 
processor code, current estimated market value of vessel and equipment, 
and replacement value of vessel and equipment.
    (C) Owner information. Name of company, partnership, or sole 
proprietorship and business telephone number, facsimile number, and e-
mail address (if available).
    (D) Designated representative. Any owner or leaseholder may appoint 
a designated representative, who is an individual for responding to 
questions on the EDR, and must ensure that the designated representative 
complies with the regulations in this part. The designated 
representative is the primary contact person for the DCA on issues 
relating to data required in the EDR.
    (E) Person completing this report. (1) Indicate whether the person 
completing this report is the owner, leaseholder, or designated 
representative;
    (2) If the owner is the person completing this report, check the 
correct box. If the name and address of the owner provided in paragraph 
(e)(4)(ii)(C) of this section are the same as the name and address of 
the person completing the EDR, the information does not need to be 
repeated here; and
    (3) Name of person, title, business telephone number, facsimile 
number, and e-mail address (if available).
    (5) EDR. The owner or leaseholder must record the following 
information on an EDR.
    (i) BSAI Crab activity chart. Complete a crab activity chart by 
entering the following information: CR fishery code,

[[Page 952]]

number of crab processing days, dates covered (beginning and ending day, 
month and year), raw crab pounds purchased, product code, process code, 
crab size, crab grade, box size, finished pounds, and whether custom 
processed (Yes or No).
    (ii) Crab processing labor costs. CR fishery code, average number of 
crab positions, total man-hours, and total labor payment.
    (iii) BSAI Crab crew residence. For employees that participated in 
BSAI crab processing, record the locations where they reside and the 
number of employees that are from each residential location, as follows:
    (A) If Alaska, enter primary city of residence.
    (B) If state other than Alaska, enter primary state of residence.
    (C) If country other than United States, enter primary country of 
residence.
    (iv) BSAI crab custom processing done for you. CR fishery code, raw 
crab pounds supplied to custom processors, raw crab pounds purchased 
from custom processors, product code, process code, crab size, crab 
grade, box size, finished pounds, and processing fee.
    (v) Raw crab purchases from delivering vessels. CR fishery code, 
crab size, crab grade, raw crab pounds purchased, and gross payment.
    (vi) Annual BSAI crab sales. Record the following information on 
crab sales to affiliated entities and to unaffiliated entities: species 
code, product code, process code, crab size, crab grade, box size, 
finished pounds, and FOB Alaska Revenues.
    (vii) BSAI crab-specific vessel data. Total of fisheries taxes which 
include the Alaska fisheries business tax, SMAA taxes, and other local 
sales tax on raw fish; processing and packaging materials, equipment, 
and supplies; food and provisions; other costs for direct crab labor; 
insurance deductible fees; re-packing costs; broker fees and promotions 
for BSAI crab sales (by CR fishery code); observer costs (by CR fishery 
code); freight costs for supplies to the vessel; freight and handling 
costs for processed crab products from the vessel; product storage; and 
other crab-specific costs (specify).
    (viii) Vessel-specific costs. Record the total annual costs for each 
category. If the reported total cost is not exclusively for BSAI crab 
operations, place an ``X'' in the COST RELATED TO MORE THAN JUST CRAB 
FISHING column. The agency or contracted analyst will prorate this 
amount over all fishing activities. Indicate capitalized expenditures 
for vessel, gear and equipment; R&M expenses for vessel, gear and 
equipment (city and state where repairs were made); number of employees 
and salaries for foremen, managers and other employees not included in 
direct labor costs; and other vessel-specific costs (specify).
    (ix) BSAI crab custom processing performed for others. CR fishery 
code, product code, process code, and processing revenue.
    (x) Annual totals for all fisheries. For the calendar year, record 
the total processing days, gross revenue, finished pounds processed, and 
processing labor costs for your fishing activities in all fisheries in 
which you participated (crab, groundfish, etc.).
    (f) Stationary floating crab processor (SFCP) annual EDR--(1) 
Requirement. On or before June 28 of each year, any owner or leaseholder 
of an SFCP that processed crab from a CR fishery must submit to the DCA, 
at the address provided on the form, an EDR for annual data for the 
previous calendar year. For the year 2005, the annual EDR is due on or 
before June 28, 2006.
    (2) Instructions. Instructions for submitting an SFCP annual EDR and 
certification page are specified in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                You must complete and submit . .
            If you are . . .                            And . . .                               .
----------------------------------------------------------------------------------------------------------------
(i) The SFCP owner......................  (A) You processed BSAI crab in the    Entire EDR.
                                           SFCP described at paragraph
                                           (f)(3)(ii)(B) of this section
                                           during this calendar year.
                                          (B) No one processed BSAI crab in     EDR certification pages.
                                           the SFCP described at paragraph
                                           (f)(3)(ii)(B) of this section
                                           during this calendar year.

[[Page 953]]

 
                                          (C) You leased all of your IPQ to     (1) EDR certification pages.
                                           another party and processed no BSAI
                                           crab in the SFCP described at
                                           paragraph (f)(3)(ii)(B) of this
                                           section during this calendar year.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 IPQ during this calendar year.
                                          (D) You leased a portion of your IPQ  (1) Entire EDR.
                                           to another party, but processed
                                           some BSAI crab in the SFCP
                                           described at paragraph
                                           (f)(3)(ii)(B) of this section
                                           during this calendar year.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 IPQ during this calendar year.
(ii) The leaseholder described in         You operated the SFCP described at    Entire EDR.
 paragraph (f)(1) of this section.         paragraph (f)(3)(ii)(B) of this
                                           section and processed some BSAI
                                           crab during this paragraph calendar
                                           year.
----------------------------------------------------------------------------------------------------------------

    (3) EDR certification pages. (i) The owner or leaseholder must 
submit the EDR certification pages either:
    (A) As part of the entire EDR. The owner or leaseholder must submit 
the completed EDR certification pages as part of the entire EDR and must 
attest to the accuracy and completion of the EDR by signing and dating 
the certification pages; or
    (B) As a separate document. The owner or leaseholder must submit the 
completed EDR certification pages only, and must attest that they meet 
the conditions exempting them from submitting the EDR, by signing and 
dating the certification pages (see paragraph (e)(2) of this section).
    (ii) The owner or leaseholder must submit the following information 
on the certification pages:
    (A) Calendar year of EDR. Calendar year of the reporting year;
    (B) SFCP information. SFCP name, USCG documentation number, ADF&G 
processor code, RCR permit number, current estimated market value of 
vessel and equipment, and replacement value of vessel and equipment.
    (C) Owner information. Name of company, partnership, or sole 
proprietorship and business telephone number, facsimile number, and e-
mail address (if available).
    (D) Designated representative. Any owner or leaseholder may appoint 
a designated representative who is an individual for responding to 
questions on the EDR and must ensure that the designated representative 
complies with the regulations in this part. The designated 
representative is the primary contact person for the DCA on issues 
relating to data required in the EDR.
    (E) Person completing the report. (1) Indicate whether the person 
completing this report is the owner, leaseholder, or designated 
representative;
    (2) If the owner is the person completing this report, check the 
correct box. If the name and address of the owner provided in paragraph 
(f)(3)(ii)(C) of this section are the same as the name and address of 
the person completing the EDR, the information does not need to be 
repeated here; and
    (3) Name of person, title, and business telephone number, facsimile 
number, and e-mail address (if available).
    (4) EDR. The owner or leaseholder must record the following 
information on an EDR.
    (i) BSAI Crab activity chart. Complete a crab activity chart by 
entering the following information: CR fishery code, number of crab 
processing days, dates covered (beginning and ending day, month and 
year), raw crab pounds purchased, product code, process code, crab size, 
crab grade, box size, finished pounds, and whether custom processed (Yes 
or No).
    (ii) Crab processing labor costs. CR fishery code, average number of 
crab processing positions, total man-hours, and total processing labor 
payment.
    (iii) BSAI Crab employee residence. For employees that participated 
in BSAI crab processing, record the locations where they reside and the 
number of employees that are from each residential location, as follows:

[[Page 954]]

    (A) If Alaska, enter primary city of residence.
    (B) If state other than Alaska, enter primary state of residence.
    (C) If country other than United States, enter primary country of 
residence.
    (iv) BSAI crab custom processing done for you. CR fishery code, 
species code, raw crab pounds supplied to custom processors, raw crab 
pounds purchased from custom processors, product code, process code, 
crab size, crab grade, box size, finished pounds, and processing fee.
    (v) Raw crab purchases from delivering vessels. CR fishery code, 
species code, crab size, crab grade, raw crab pounds purchased, and 
gross payment.
    (vi) Annual BSAI crab sales. For affiliated entities and 
unaffiliated entities enter species code, product code, process code, 
crab size, crab grade, box size, finished pounds, and FOB Alaska 
Revenues.
    (vii) BSAI crab-specific vessel costs. Total of fisheries taxes 
which includes the Alaska fisheries business tax, SMAA taxes, and other 
local sales tax on raw fish; processing and packaging materials, 
equipment and supplies by city and state; food and provisions; other 
costs for direct crab labor; insurance deductible fees; re-packing 
costs; broker fees and promotions for BSAI crab sales (by CR fishery 
code); observer costs (by CR fishery code); freight costs for supplies 
to the vessel; freight and handling costs for processed crab products 
from the vessel; product storage; and other crab-specific costs 
(specify).
    (viii) Vessel-specific costs. Record the total annual costs for each 
category. If the reported total cost is not exclusively for BSAI crab 
operations, place an ``X'' in the COST RELATED TO MORE THAN JUST CRAB 
FISHING column. The agency or contracted analyst will prorate this 
amount over all fishing activities. Indicate fuel, electricity, 
lubrication and hydraulic fluids; capitalized expenditures for vessel, 
gear and equipment (city and state where purchased); R&M for vessel, 
gear and equipment (city and state where repairs were made); number of 
employees and salaries for foremen, managers and other employees not 
included in direct labor costs; and other vessel-specific costs 
(specify).
    (ix) BSAI crab custom processing performed for others. CR fishery 
code, species code, product code, process code, and processing revenue.
    (x) Annual totals for all fisheries. For the calendar year, record 
the total processing days, gross revenue, finished pounds processed, and 
labor costs for your fishing activities in all fisheries in which you 
participated (crab, groundfish, etc.).
    (g) Shoreside processor historical EDR--(1) Requirement. Any owner 
or leaseholder of a shoreside processor who processed CR crab in the 
calendar years 1998, 2001, or 2004 must submit to the DCA, at the 
address provided on the form, an EDR for historical data for each of the 
specified calendar years, if they:
    (i) Received an allocation of QS, PQS, IFQ, or IPQ under this 
Program;
    (ii) Did not qualify for and receive QS, PQS, IFQ, or IPQ, but are 
participants at any time since January 23, 2004, in the BSAI crab 
fisheries.
    (2) Time limit. Any owner or leaseholder of the shoreside processor 
described in paragraph (g)(4)(ii)(B) of this section must submit the 
historical EDR to the DCA by June 30, 2005, at the address provided on 
the form.
    (3) Instructions. Instructions for submitting a shoreside processor 
historical EDR and certification page are specified in the following 
table:

----------------------------------------------------------------------------------------------------------------
                                                                                You must complete and submit . .
            If you are . . .                            And . . .                               .
----------------------------------------------------------------------------------------------------------------
(i) The shoreside processor owner         (A) You processed BSAI crab in the    Entire EDR for each year that
 described in paragraph (g)(1) of this     plant described at paragraph          BSAI crab was processed.
 section.                                  (g)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                          (B) No one processed BSAI crab in     EDR certification pages for each
                                           the plant described at paragraph      year that no one processed BSAI
                                           (g)(4)(ii)(B) of this section         crab.
                                           during 1998, 2001, or 2004.

[[Page 955]]

 
                                          (C) You leased your shoreside         (1) EDR certification pages.
                                           processor to another party, and
                                           processed no BSAI crab in the plant
                                           described at paragraph
                                           (g)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 shoreside processor during
                                                                                 1998, 2001, or 2004.
                                          (D) You leased your shoreside         (1) Entire EDR for each year
                                           processor for a portion of the time   that BSAI crab was processed.
                                           to another party, but processed
                                           some BSAI crab in the plant
                                           described at paragraph
                                           (g)(4)(ii)(B) of this section
                                           during 1998, 2001, or 2004.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 shoreside processor during
                                                                                 1998, 2001, or 2004.
(ii) The leaseholder described in         You operated the plant described at   Entire EDR for each year that
 paragraph (g)(1) of this section.         (g)(4)(ii)(B) of this section and     BSAI crab was processed.
                                           processed some BSAI crab during
                                           1998, 2001, or 2004.
----------------------------------------------------------------------------------------------------------------

    (4) EDR certification pages. (i) The owner or leaseholder must 
submit the EDR certification pages either:
    (A) As part of the entire EDR. The owner or leaseholder must submit 
the completed EDR certification pages as part of the entire EDR and must 
attest to the accuracy and completion of the EDR by signing and dating 
the certification pages; or
    (B) As a separate document. If the owner or leaseholder did not 
process BSAI crab in 1998, 2001, or 2004, he or she must submit the 
completed EDR certification pages only, and must attest that he or she 
meets the conditions exempting him or her from submitting the EDR, by 
signing and dating the certification pages for each year of 1998, 2001, 
or 2004 that this applies;
    (ii) Required information. The owner or leaseholder must submit the 
following information on the certification pages:
    (A) Calendar year of EDR. Calendar years corresponding to 1998, 
2001, or 2004;
    (B) Shoreside processor information. Shoreside processor name, ADF&G 
processor code, physical location of land-based plant (street address, 
city, state, zip code), borough assessed value of plant and equipment, 
year assessed, and current estimated market value of plant and 
equipment;
    (C) Owner information. Name of company, partnership, or sole 
proprietorship and business telephone number, facsimile number, and e-
mail address (if available);
    (D) Designated representative. Any owner or leaseholder may appoint 
a designated representative who is an individual for responding to 
questions on the EDR and must ensure that the designated representative 
complies with the regulations in this part. The designated 
representative is the primary contact person for the DCA on issues 
relating to data required in the EDR.
    (E) Person completing the report. (1) Indicate whether the person 
completing this report is the owner, leaseholder, or designated 
representative;
    (2) If the owner is the person completing the report, check the 
correct box. If the name and address of the owner provided in paragraph 
(g)(4)(ii)(C) of this section are the same as the name and address of 
the person completing the EDR, the information does not need to be 
repeated here; and
    (3) Name of person, title, and business telephone number, facsimile 
number, and e-mail address (if available).
    (5) EDR. The owner or leaseholder must record the following 
information on an EDR.
    (i) BSAI crab activity chart. Complete a crab activity chart by 
entering the following information: CR fishery code, number of crab 
processing days, dates covered (beginning and ending day, month and 
year), raw crab pounds purchased, product code, process code, crab size, 
crab grade, box size, finished

[[Page 956]]

pounds, and whether custom processed (Yes or No).
    (ii) Crab processing labor costs. CR fishery code, average number of 
crab processing positions, total man-hours, and total processing labor 
payment.
    (iii) BSAI Crab crew residence. For employees that participated in 
BSAI crab processing, record the locations where they reside and the 
number of employees that are from each residential location, as follows:
    (A) If Alaska, enter primary city of residence.
    (B) If state other than Alaska, enter primary state of residence.
    (C) If country other than United States, enter primary country of 
residence.
    (iv) BSAI crab custom processing done for you. CR fishery code, raw 
crab pounds supplied to custom processors, raw crab pounds purchased 
from custom processors, product code, process code, crab size, crab 
grade, box size, finished pounds, and processing fee.
    (v) Raw crab purchases from delivering vessels. CR fishery code, 
crab size, crab grade, raw crab pounds purchased, and gross payment.
    (vi) Annual BSAI crab sales. For affiliated entities and 
unaffiliated entities enter species code, product code, process code, 
crab size, crab grade, box size, finished pounds, and FOB Alaska 
Revenues.
    (vii) BSAI crab-specific plant costs. Total fisheries taxes which 
include the Alaska fisheries business tax, SMAA taxes, and other local 
sales tax on raw fish; processing and packaging materials, equipment and 
supplies; food and provisions; other costs for direct crab labor; 
insurance deductible fees; re-packing costs, broker fees and promotions 
for BSAI crab sales by CR fishery code; observer costs by CR fishery 
code; freight costs for supplies to the plant; freight and handling 
costs for processed crab products from the plant; product storage; 
water, sewer, and waste disposal; and other crab specific costs 
(specify).
    (viii) Plant-specific costs. Record the total annual costs for each 
category. If the reported total cost is not exclusively for BSAI crab 
operations, place an ``X'' in the COST RELATED TO MORE THAN JUST CRAB 
FISHING column. The agency or contracted analyst will prorate this 
amount over all vessel activities: fuel, electricity, lubrication, and 
hydraulic fluids; capitalized expenditures for plant, and equipment; R&M 
for existing plant and equipment; number of employees and salaries for 
foremen, managers and other employees not included in direct labor 
costs; and other plant-specific costs (specify).
    (ix) BSAI crab custom processing done for others. CR fishery code, 
product code, process code, and processing revenue.
    (x) Annual totals for all fisheries. For the calendar year, record 
the total processing days, gross revenue, finished pounds processed, and 
labor costs for your fishing activities in all fisheries in which you 
participated (crab, groundfish, etc.).
    (h) Shoreside processor annual EDR--(1) Requirement. On or before 
June 28 of each year, any owner or leaseholder of a shoreside processor 
that processed crab from a CR fishery must submit to the DCA, at the 
address provided on the form, an EDR for annual data for the previous 
year. For the year 2005, the annual EDR is due on or before June 28, 
2006.
    (2) Instructions. Instructions for submitting a shoreside processor 
annual EDR and certification page are specified in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                You must complete and submit . .
            If you are . . .                            And . . .                               .
----------------------------------------------------------------------------------------------------------------
(i) The shoreside processor owner.......  (A) You processed BSAI crab in the    Entire EDR.
                                           plant described at paragraph
                                           (h)(3)(ii)(B) of this section
                                           during this calendar year.
                                          (B) No one processed BSAI crab in     EDR certification pages.
                                           the plant described at paragraph
                                           (h)(3)(ii)(B) of this section
                                           during this calendar year.
                                          (C) You leased all of your IPQ to     (1) EDR certification pages.
                                           another party, and processed no
                                           BSAI crab in the plant described at
                                           paragraph (h)(3)(ii)(B) of this
                                           section during this calendar year.

[[Page 957]]

 
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 IPQ during this calendar year.
                                          (D) You leased portions of your IPQ   (1) Entire EDR.
                                           to another party, but processed
                                           some BSAI crab in the plant
                                           described at paragraph
                                           (h)(3)(ii)(B) of this section
                                           during this calendar year.
                                                                                (2) Provide the name, address,
                                                                                 and telephone number of the
                                                                                 person to whom you leased the
                                                                                 IPQ during this calendar year.
(ii) The leaseholder described in         You operated the plant described at   Entire EDR.
 paragraph (h)(1) of this section.         paragraph (h)(3)(ii)(B) of this
                                           section and processed some BSAI
                                           crab during this calendar year.
----------------------------------------------------------------------------------------------------------------

    (3) EDR certification pages. (i) The owner or leaseholder must 
submit the EDR certification pages either:
    (A) As part of the entire EDR. The owner or leaseholder must submit 
the completed EDR certification pages as part of the entire EDR and must 
attest to the accuracy and completion of the EDR by signing and dating 
the certification pages; or
    (B) As a separate document. The owner or leaseholder must submit the 
completed EDR certification pages only, and must attest that they meet 
the conditions exempting them from submitting the EDR, by signing and 
dating the certification pages.
    (ii) The owner or leaseholder must submit the following information 
on the certification pages:
    (A) Calendar year of EDR. Calendar year for the reporting year;
    (B) Shoreside processor information. Shoreside processor name, RCR 
permit number, ADF&G processor code, physical location of land-based 
plant (street address, city, state, zip code), borough assessed value of 
plant and equipment, current estimated market value of plant and 
equipment, and year assessed.
    (C) Owner information. Name of company, partnership, or sole 
proprietorship and business telephone number, facsimile number, and e-
mail address (if available);
    (D) Designated representative. Any owner or leaseholder may appoint 
a designated representative who is an individual for responding to 
questions on the EDR and must ensure that the designated representative 
complies with the regulations in this part. The designated 
representative is the primary contact person for the DCA on issues 
relating to data required in the EDR.
    (E) Person completing the report. (1) Indicate whether the person 
completing this report is the owner, leaseholder, or designated 
representative;
    (2) If the owner is the person completing this report, check the 
correct box. If the name and address of the owner provided in paragraph 
(h)(3)(ii)(C) of this section are the same as the name and address of 
the person completing the EDR, the information does not need to be 
repeated here; and
    (3) Name of person, title, and business telephone number, facsimile 
number, and e-mail address (if available).
    (4) EDR.The owner or leaseholder must record the following 
information on an EDR.
    (i) BSAI Crab activity chart. Complete a crab activity chart by 
entering the following information: CR fishery code, number of crab 
processing days, dates covered (beginning and ending day, month and 
year), raw crab pounds purchased, product code, process code, crab size, 
crab grade, box size, finished pounds, and whether custom processed (Yes 
or No).
    (ii) Crab processing labor costs. CR fishery code, average number of 
crab processing positions, total man-hours, and total processing labor 
payment.
    (iii) BSAI Crab employee residence. For employees that participated 
in BSAI crab processing, record the locations where they reside and the 
number of employees that are from each residential location, as follows:
    (A) If Alaska, enter primary city of residence.
    (B) If state other than Alaska, enter primary state of residence.

[[Page 958]]

    (C) If country other than United States, enter primary country of 
residence.
    (iv) BSAI crab custom processing done for you. CR fishery code, 
species code, raw crab pounds supplied to custom processors, raw crab 
pounds purchased from custom processors, product code, process code, 
crab size, crab grade, box size, finished pounds, and processing fee.
    (v) Raw crab purchases from delivering vessels. CR fishery code, 
species code, crab size, crab grade, raw crab pounds purchased, and 
gross payment.
    (vi) Annual BSAI crab sales. For affiliated entities and 
unaffiliated entities enter species code, product code, process code, 
crab size, crab grade, box size, finished pounds, and FOB Alaska 
Revenues.
    (vii) BSAI crab-specific plant costs. Total of fisheries taxes which 
include the Alaska fisheries business tax, SMAA taxes, and other local 
sales tax on raw fish; processing and packaging materials, equipment and 
supplies by city and state; food and provisions; other costs for direct 
crab labor; insurance deductible fees; re-packing costs; broker fees and 
promotions for BSAI crab sales by CR fishery code; observer costs by CR 
fishery code; freight costs for supplies to the plant; freight and 
handling costs for processed crab products from the plant; product 
storage; water, sewer, and waste disposal; and other crab specific costs 
(specify).
    (viii) Plant-specific costs. Record the total annual costs for each 
category. If the reported total cost is not exclusively for BSAI crab 
operations, place an ``X'' in the COST RELATED TO MORE THAN JUST CRAB 
FISHING column. The agency or contracted analyst will prorate this 
amount over all plant activities: fuel, electricity, lubrication, and 
hydraulic fluids; capitalized expenditures for plant and equipment by 
city and state; R&M for existing plant and equipment by city and state; 
number of employees and salaries for foremen, managers and other 
employees not included in direct labor costs; and other plant-specific 
costs (specify).
    (ix) BSAI crab custom processing performed for others. CR fishery 
code, species code, product code, process code, and processing revenue.
    (x) Annual totals for all fisheries. For the calendar year, record 
the total processing days, gross revenue, finished pounds processed, and 
labor costs for your fishing activities in all fisheries in which you 
participated (crab, groundfish, etc.).
    (i) Verification of data. (1) The DCA shall conduct verification of 
information with the owner or leaseholder.
    (2) The owner or leaseholder must respond to inquiries by the DCA 
within 20 days of the date of issuance of the inquiry.
    (3) The owner or leaseholder must provide copies of additional data 
to facilitate verification by the DCA. The DCA auditor may review and 
request copies of additional data provided by the owner or leaseholder, 
including but not limited to: previously audited or reviewed financial 
statements, worksheets, tax returns, invoices, receipts, and other 
original documents substantiating the data.
    (j) DCA authorization. The DCA is authorized to request voluntary 
submission of economic data specified in this section from persons who 
are not required to submit an EDR under this section.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 71 
FR 38114, July 5, 2006]



Sec. 680.7  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) Receiving and processing CR crab. (1) Process any CR crab that 
has not been weighed by an RCR on:
    (i) A scale approved by the State in which the RCR is located and 
that meets the requirements described in Sec. 680.23(f); or
    (ii) Onboard a catcher/processor RCR on a scale approved by NMFS as 
described in Sec. 680.23(e).
    (2) Receive CR crab harvested under an IFQ permit in any region 
other than the region for which the IFQ permit is designated.
    (3) Use IPQ on board a vessel outside of the territorial sea or 
internal waters of the State of Alaska.

[[Page 959]]

    (4) Use IPQ in any region other than the region for which the IPQ is 
designated.
    (5) Receive any crab harvested under a Class A IFQ permit in excess 
of the total amount of unused IPQ held by the RCR in a crab QS fishery 
unless that RCR subsequently receives unused IPQ by transfer as 
described under Sec. 680.41 that is at least equal to the amount of all 
Class A IFQ received by that RCR in that crab QS fishery before the end 
of the crab fishing year for which an IPQ permit was issued.
    (6) Receive crab harvested under a Class B IFQ permit on a vessel if 
that vessel was used to harvest and process any crab in that crab QS 
fishery during the same crab fishing season.
    (7) For an IPQ holder to use more IPQ crab than the maximum amount 
of IPQ that may be held by that person. Use of IPQ includes all IPQ held 
by that person, and all IPQ crab that are received by any RCR at any 
shoreside crab processor or stationary floating crab processor in which 
that IPQ holder has a 10 percent or greater direct or indirect ownership 
interest unless that IPQ crab meets the requirements described in Sec. 
680.42(b)(7).
    (8) For a shoreside crab processor or stationary floating crab 
processor that does not have at least one owner with a 10 percent or 
greater direct or indirect ownership interest who also holds IPQ in that 
crab QS fishery, to be used to receive in excess of 30 percent of the 
IPQ issued for that crab fishery unless that IPQ crab meets the 
requirements described in Sec. 680.42(b)(7).
    (9) For any shoreside crab processor or stationary floating crab 
processor east of 174 degrees west longitude to process more than 60 
percent of the IPQ issued in the EAG or WAI crab QS fisheries.
    (b) Landing CR crab. (1) Remove retained and unprocessed CR crab 
from a vessel at any location other than to an RCR operating under an 
approved catch monitoring plan as described in Sec. 680.23(g) unless 
that crab is accompanied by a signed landing receipt showing the crab 
was properly landed.
    (2) Remove any CR crab processed at sea from any vessel before 
completing a landing report, as defined at Sec. 680.5(c), for all such 
CR crab onboard.
    (3) Resume fishing for CR crab or take CR crab on board a vessel 
once a landing has commenced and until all CR crab are landed.
    (4) Fail to remove all processed crab harvested under a CPO or a CPC 
IFQ permit to an onshore location within the United States, accessible 
by road or regularly scheduled air service, and to weigh that crab 
product on a scale approved by the State in which the crab is weighed.
    (5) Make an IFQ crab landing except by an individual who holds 
either a crab IFQ permit or a crab IFQ hired master permit issued under 
Sec. 680.4 in his or her name.
    (6) Make an IFQ crab landing without the following on board: a copy 
of the crab IFQ permit to be debited for the landing; and, if 
applicable, a copy of the crab IFQ hired master permit issued under 
Sec. 680.4 in the name of the person making the landing.
    (7) For a Crab IFQ hired master to make an IFQ crab landing on any 
vessel other than the vessel named on the Crab IFQ hired master permit.
    (c) Harvest crab. (1) Harvest any CR crab with any vessel not named 
on a valid Federal crab vessel permit.
    (2) Harvest CR crab with any vessel that does not use functioning 
VMS equipment as required by Sec. 680.23.
    (3) Harvest on any vessel more IFQ crab than are authorized under 
Sec. 680.42.
    (4) Harvest crab under a CVC or a CPC IFQ permit unless the person 
named on the IFQ permit is on board that vessel.
    (5) Harvest crab under a CPO or CPC permit unless all scales used to 
weigh crab, or used by an observer for sampling crab, have passed an 
inseason scale test according to Sec. 680.23(e)(1).
    (6) For any person who is not an entity defined in Sec. 
680.40(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) to:
    (i) Hold converted CPO QS.
    (ii) Use the CPO IFQ derived from that converted CPO QS outside of a 
crab harvesting cooperative.
    (d) Recordkeeping and reporting. (1) Fail to submit information on 
any report, application, or statement required under this part.
    (2) Submit false information on any report, application, or 
statement required under this part.

[[Page 960]]

    (e) Permits. (1) Retain IFQ crab without a legible copy of a valid 
crab IFQ permit for that fishery on board the vessel.
    (2) Begin a fishing trip for crab in a crab QS fishery with a vessel 
if the total amount of unharvested crab IFQ that is currently held in 
the IFQ accounts of all crab IFQ permit holders or Crab IFQ Hired 
Masters aboard that vessel in that crab QS fishery is zero or less.
    (3) Have a negative balance in an IFQ or IPQ account for a crab QS 
fishery after the end of the crab fishing year for which an IFQ or IPQ 
permit was issued.
    (f) IPQ. Use IPQ as collateral or otherwise leverage IPQ to acquire 
an ownership interest in Class B IFQ.
    (g) General. (1) Possess, buy, sell, or transport any crab harvested 
or landed in violation of any provision of this part.
    (2) Violate any other provision under this part.
    (h) Inseason action. Conduct any fishing contrary to notification of 
inseason action closure, or adjustment issued under Sec. 680.22.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 73 
FR 29982, May 23, 2008; 73 FR 76190, Dec. 15, 2008; 74 FR 25457, May 28, 
2009; 74 FR 41095, Aug. 14, 2009]



Sec. 680.8  Facilitation of enforcement.

    See Sec. 600.730 of this chapter.



Sec. 680.9  Penalties.

    (a) Any person committing, or a fishing vessel used in the 
commission of, a violation of the Magnuson-Stevens Act, or any 
regulation issued under the Magnuson-Stevens Act, is subject to the 
civil and criminal penalty provisions, permit sanctions, and civil 
forfeiture provisions of the Magnuson-Stevens 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 PQS, QS, IPQ, IFQ, Crab IFQ hired master, Federal crab 
vessel permit, or RCR permits.
    (b) In the event a holder of any IPQ is found by a court of 
competent jurisdiction, either in an original action in that court or in 
a proceeding to enforce or review the findings or orders of any 
Government agency having jurisdiction under the antitrust laws, to have 
violated any of the provisions of antitrust laws in the conduct of the 
licensed activity, the Secretary of Commerce may revoke all or a portion 
of such IPQ. The antitrust laws of the United States include, but are 
not limited to, the following Acts:
    (1) The Sherman Act, 15 U.S.C. 1-7;
    (2) The Wilson Tariff Act, 15 U.S.C. 8-11;
    (3) The Clayton Act, 15 U.S.C. 12-27; and
    (4) The Federal Trade Commission Act, 15 U.S.C. 12 and 45(a).



                      Subpart B_Management Measures



Sec. 680.20  Arbitration System.

    (a) Applicability--(1) Arbitration System. All CVO QS, Arbitration 
IFQ, Class A IFQ holders, PQS and IPQ holders must enter the contracts 
as prescribed in this section that establish the Arbitration System. 
Certain parts of the Arbitration System are voluntary for some parties, 
as specified in this section. All contract provisions will be enforced 
by parties to those contracts.
    (2) Open negotiation. Any holder of uncommitted IFQ may negotiate 
with any holder of uncommitted IPQ, the price and delivery terms for 
that season or for future seasons for any uncommitted IFQ and 
uncommitted IPQ. Uncommitted IFQ holders and uncommitted IPQ holders may 
freely contact each other and initiate open negotiations.
    (3) Document submittal information. Submit documents and reports to 
NMFS as follows: by mail to the Regional Administrator, NMFS, P.O. Box 
21668, Juneau, AK 99802; by courier to NMFS, 709 West 9th Street, 
Juneau, AK 99801; or by fax to 907-586-7465.
    (b) Eligibility for Arbitration System--(1) Arbitration 
Organization. The following persons are the only persons eligible to 
join an Arbitration Organization:
    (i) Holders of CVO QS,
    (ii) Holders of PQS,
    (iii) Holders of Arbitration IFQ,

[[Page 961]]

    (iv) Holders of Class A IFQ affiliated with a PQS or IPQ holder, and
    (v) Holders of IPQ.
    (2) Persons eligible to use negotiation and Binding Arbitration 
procedures. The following persons are the only persons eligible to enter 
contracts with a Contract Arbitrator to use the negotiation and Binding 
Arbitration procedures described in paragraph (h) of this section to 
resolve price and delivery disputes or negotiate remaining contract 
terms not previously agreed to by IFQ and IPQ holders under other 
negotiation approaches:
    (i) Holders of Arbitration IFQ, and
    (ii) Holders of IPQ.
    (3) Persons ineligible to use negotiation and Binding Arbitration 
procedures. Holders of IFQ that are affiliated with holders of PQS or 
IPQ are ineligible to enter contracts with a Contract Arbitrator to use 
the negotiation and Binding Arbitration procedures described in 
paragraph (h) of this section to resolve price and delivery disputes or 
negotiate remaining contract terms not previously agreed to by IFQ and 
IPQ holders under other negotiation approaches.
    (c) Preseason requirements for joining an Arbitration Organization. 
All holders of CVO QS, PQS, Arbitration IFQ, Class A IFQ affiliated with 
a PQS or IPQ holder, and IPQ must join and maintain a membership in an 
Arbitration Organization as specified in paragraph (d) of this section. 
All holders of QS, PQS, IFQ, or IPQ identified in the preceding sentence 
must join an Arbitration Organization at the following times:
    (1) For QS holders and PQS holders except as provided for in 
paragraph (c)(3) of this section, not later than May 1 of each year for 
the crab fishing year that begins on July 1 of that year.
    (2) For IFQ holders and IPQ holders, not later than 15 days after 
the issuance of IFQ and IPQ for that crab QS fishery if that IFQ or IPQ 
holder does not also hold QS or PQS.
    (3) During 2005, QS and PQS holders must join an Arbitration 
Organization as described in paragraph (d) of this section not later 
than August 15, 2005.
    (4) Persons receiving QS, PQS, IFQ, or IPQ by transfer after these 
dates must join an Arbitration Organization at the time of receiving the 
QS, PQS, IFQ, or IPQ by transfer.
    (d) Formation process for an Arbitration Organization. (1) 
Arbitration Organizations must be formed to select and contract a Market 
Analyst, Formula Arbitrator, Contract Arbitrator(s), and establish the 
Arbitration System, including the payment of costs of arbitration, 
described in this section for each crab QS fishery. All persons defined 
in paragraph (a)(1) of this section must join an Arbitration 
Organization.
    (i) Arbitration QS/IFQ Arbitration Organization. Holders of 
Arbitration QS and Arbitration IFQ must join an Arbitration QS/IFQ 
Arbitration Organization. This Arbitration Organization may not have 
members who are not holders of Arbitration QS or Arbitration IFQ. 
Arbitration QS holders and Arbitration IFQ holders may join separate 
Arbitration QS/IFQ Arbitration Organizations. The mechanism for forming 
an Arbitration Organization is determined by the members of the 
organization.
    (ii) PQS/IPQ Arbitration Organization. Holders of PQS or IPQ must 
join a PQS/IPQ Arbitration Organization. This Arbitration Organization 
may not have members who are not holders of PQS or IPQ. PQS holders and 
IPQ holders may join separate PQS/IPQ Arbitration Organizations. The 
mechanism for forming an Arbitration Organization is determined by the 
members of the organization.
    (iii) Affiliated QS/IFQ Arbitration Organization. Holders of CVO QS 
or Class A IFQ affiliated with a PQS or IPQ holder must join an 
Affiliated QS/IFQ Arbitration Organization. This Arbitration 
Organization may not have members who are not holders of QS or IFQ 
affiliated with a PQS or IPQ holder. CVO QS holders and Class A IFQ 
holders may join separate Affiliated QS/IFQ Arbitration Organizations. 
The mechanism for forming an Arbitration Organization is determined by 
the members of the organization.
    (iv) Limitation on joining an Arbitration Organization. For a crab 
QS fishery during a crab fishing year, a person who holds:
    (A) PQS/IPQ may join only one PQS/IPQ Arbitration Organization;

[[Page 962]]

    (B) Affiliated QS/IFQ may join only one Affiliated QS/IFQ 
Arbitration Organization; and
    (C) Arbitration QS/IFQ may join only one Arbitration QS/IFQ 
Organization.
    (2) Each Arbitration Organization must submit a complete Annual 
Arbitration Organization report to NMFS. A complete report must include:
    (i) A copy of the business license of the Arbitration Organization;
    (ii) A statement identifying the members of the organization and the 
amount of Arbitration QS and Arbitration IFQ, Non-Arbitration QS and 
Non-Arbitration IFQ, or PQS and IPQ held by each member and represented 
by that Arbitration Organization;
    (iii) QS, PQS, IFQ, and IPQ ownership information on the members of 
the organization;
    (iv) Management organization information, including:
    (A) The bylaws of the Arbitration Organization;
    (B) A list of key personnel of the management organization 
including, but not limited to, the board of directors, officers, 
representatives, and any managers;
    (v) The name of the Arbitration Organization, permanent business 
mailing addresses, name of contact persons and additional contact 
information of the managing personnel for the Arbitration Organization, 
resumes of management personnel; and
    (vi) A copy of all minutes of any meeting held by the Arbitration 
Organization or any members of the Arbitration Organization.
    (3) An Arbitration Organization, with members who are QS or PQS 
holders, must submit a complete Annual Arbitration Organization Report 
to NMFS in accordance with paragraph (a)(3) of this section by August 
20, 2005, for the crab fishing year beginning on July 1, 2005, and by 
May 1 of each subsequent year for the crab fishing year beginning on 
July 1 of that year.
    (4) An Arbitration Organization, with members who are IFQ or IPQ 
holders, must submit a complete Annual Arbitration Organization Report 
to NMFS in accordance with paragraph (a)(3) of this section by not later 
than 15 days after the issuance of IFQ and IPQ for that crab QS fishery.
    (e) Role of Arbitration Organization(s) and annual requirements--(1) 
General. The members of each Arbitration Organization must enter into a 
contract that specifies the terms and conditions of participation in the 
organization.
    (i) The contract among members of an Arbitration QS/IFQ Arbitration 
Organization, or a PQS/IPQ Arbitration Organization shall include the 
terms, conditions, and provisions specified in paragraph (e)(2) of this 
section.
    (ii) The contract among members of an Affiliated QS/IFQ Arbitration 
Organization shall include the terms, conditions, and provisions in 
paragraph (e)(3) of this section.
    (2) Provisions for Arbitration QS/IFQ Arbitration Organizations, and 
PQS/IPQ Arbitration Organizations--(i) Selection of Market Analyst, 
Formula Arbitrator, and Contract Arbitrator(s). A provision authorizing 
the Arbitration Organization to act on behalf of its members in the 
selection of and contracting with the Market Analyst, Formula 
Arbitrator, and Contract Arbitrator(s) under paragraph (e)(4) of this 
section.
    (ii) Confidentiality of information. A provision that a member that 
is a party to a Binding Arbitration proceeding shall sign a 
confidentiality agreement with the party with whom it is arbitrating 
stating they will not disclose at any time to any person any information 
received from the Contract Arbitrator or any other party in the course 
of the arbitration. That confidentiality agreement shall specify the 
potential sanctions for violating the agreement.
    (iii) Provision of information to members. A provision requiring the 
Arbitration Organization to provide to its members:
    (A) A copy of the contracts for the Market Analyst, Formula 
Arbitrator, and Contract Arbitrator for each fishery in which the member 
participates; and
    (B) A copy of the Market Report and the Non-Binding Price Formula 
for each fishery in which the member participates within 5 days of its 
release.
    (iv) Information release. (A) A provision requiring that the 
Arbitration Organization deliver to NMFS any data, information, and 
documents generated pursuant to this section.

[[Page 963]]

    (B) In the case of a PQS/IPQ Arbitration Organization(s):
    (1) A provision that requires the PQS/IPQ Arbitration Organization 
to provide for the delivery of the names of and contact information for 
its members who hold uncommitted IPQ, and to identify the regional 
designations and amounts of such uncommitted IPQ, to Arbitration QS/IFQ 
Arbitration Organizations either directly or through a third-party data 
provider so the information may be provided to any persons that hold 
uncommitted Arbitration IFQ for purposes of Share Matching, Binding 
Arbitration, and Post Arbitration Opt-in;
    (2) A provision that prohibits the disclosure of any information 
received under this provision to any person except those Arbitration QS/
IFQ Arbitration Organizations, or their third-party data provider so 
that information may be provided to holders of uncommitted Arbitration 
IFQ. The provision will require that information concerning uncommitted 
IPQ be updated within 24 hours of a change of any such information, 
including any commitment of IPQ, and that information be provided to 
those persons that hold uncommitted Arbitration IFQ. This provision may 
include a mechanism to provide information to uncommitted Arbitration 
IFQ holders through a secure Web site, or through other electronic 
means;
    (3) A provision that requires the PQS/IPQ Arbitration Organization 
to arrange for the delivery to all holders of uncommitted Arbitration 
IFQ through the Arbitration QS/IFQ Arbitration Organizations holders or 
their third-party data provider the terms of a decision of a Contract 
Arbitrator in a Binding Arbitration proceeding involving a member that 
holds uncommitted IPQ within 24 hours of notice of that decision. This 
provision may include a mechanism to provide information to uncommitted 
Arbitration IFQ holders through a secure Web site, or through other 
electronic means; and
    (4) A provision that requires the holders of uncommitted IPQ to 
provide information concerning such uncommitted IPQ as necessary for the 
PQS/IPQ Arbitration Organization to comply with this paragraph and 
prohibits the disclosure of any such information by such holder to any 
person, except as directed in this paragraph.
    (C) In the case of a Arbitration QS/IFQ Organization(s):
    (1) A provision that requires Arbitration QS/IFQ Arbitration 
Organizations holders, or their third-party data provider to provide 
information concerning uncommitted IPQ from PQS/IPQ Arbitration 
Organization(s) as necessary for the Arbitration IFQ holder to use that 
information in a timely manner.
    (2) A provision that prohibits the disclosure of any such 
information concerning uncommitted IPQ from PQS/IPQ Arbitration 
Organization to any person, except as directed therein.
    (D) Third-party Data Provider provision. Notwithstanding any 
provision in this section, an Arbitration Organization required to 
supply or receive information under this section must hire 
administrative personnel or may contract with a person who will arrange 
for the receipt and delivery of information as required. Any such third 
party that receives such information cannot be affiliated with or 
employed by or related to any QS, PQS, IFQ, or IPQ holder in any crab QS 
fishery and must enter a contract that:
    (1) Prohibits such third person from releasing any information 
received to any person except as specifically provided by this section; 
and
    (2) Prohibits such third person from entering taking any employment 
from or establishing any relationship, except under a contract meeting 
the requirements of this section for a period of 3 years after the 
termination of the contract.
    (v) Costs. A provision that authorizes the Arbitration Organization 
to enter into a contract with all other Arbitration Organizations for 
the payment of the costs of arbitration as specified under this section.
    (A) The Arbitration Organizations must establish a contract that 
requires the payment of all costs of the Market Analyst, Formula 
Arbitrator, and Contract Arbitrator(s), dissemination of information 
concerning uncommitted

[[Page 964]]

IPQ to holders of uncommitted Arbitration IFQ, and the costs of such 
persons associated with lengthy season approach, share matching 
approach, Binding Arbitration, quality and performance disputes, to be 
shared equally so that IPQ holders pay 50 percent of the costs and 
Arbitration IFQ holders and Class A IFQ holders pay 50 percent of the 
costs.
    (B) Each person shall pay an amount of the cost based on the amount 
of IPQ or IFQ held by that person at the time of application to an 
Arbitration Organization.
    (C) PQS holders shall advance all costs and shall collect the 
contribution of IFQ holders at landing subject to terms mutually agreed 
to by the Arbitration Organizations.
    (vi) Negotiation methods. A provision that prohibits the Arbitration 
Organization from engaging in any contract negotiations on behalf of its 
members, except for those necessary to hire the Market Analyst, Formula 
Arbitrator, and Contract Arbitrator(s).
    (vii) Enforcement of the contract. Violations of the contract shall 
be enforced under civil law.
    (3) Provisions applying to Affiliated QS/IFQ Arbitration 
Organizations. The provisions that allow for the provision of 
information to members, payment of costs, limits on the transfer of QS, 
PQS, IFQ, and IPQ, and enforcement of the contract as described under 
paragraphs (e)(2)(iv), (v), (vii), and (viii) will apply to the contract 
among members of an Affiliated QS/IFQ Arbitration Organization(s).
    (4) Process for selection of Market Analyst, Formula Arbitrator, and 
Contract Arbitrator(s). (i) For each crab fishing year, QS holders who 
are members of Arbitration QS/IFQ Arbitration Organization(s) and PQS 
holders who are members of PQS/IPQ Arbitration Organization(s), by 
mutual agreement, will select one Market Analyst, one Formula 
Arbitrator, and Contract Arbitrator(s) for each crab QS fishery. The 
number of Contract Arbitrators selected for each fishery will be subject 
to the mutual agreement of those Arbitration Organizations. The 
selection of the Market Analyst and the Formula Arbitrator must occur in 
time to ensure the Market Report and non-binding price formula are 
produced within the time line established in paragraph (e)(4)(ii) of 
this section.
    (ii) The Arbitration Organizations representing Arbitration QS 
holders and PQS holders in a crab fishery shall establish by mutual 
agreement the contractual obligations of the Market Analyst, Formula 
Arbitrator, and Contract Arbitrator(s) for each fishery, which shall 
provide that the Market Report and Non-Binding Price Formula are 
produced not later than 50 days prior to the first crab fishing season 
for that crab QS fishery in that crab fishing year except as provided in 
paragraph (e)(6) of this section. The contractual obligations of the 
Market Analyst, the Formula Arbitrator and Contract Arbitrators will be 
enforced by the parties to the contract.
    (iii) The same person may be chosen for the positions of Market 
Analyst and Formula Arbitrator for a fishery.
    (iv) A person selected to be a Contract Arbitrator may not be the 
Market Analyst or Formula Arbitrator, and shall not be affiliated with, 
employed by, or otherwise associated with, the Market Analyst or Formula 
Arbitrator, for that fishery.
    (5) Notification to NMFS. Not later than June 1 for that crab 
fishing year, except as provided in paragraph (e)(6) of this section, 
the Arbitration Organizations representing the holders of Arbitration QS 
and PQS in each fishery shall notify NMFS of the persons selected as the 
Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) for the 
fishery in accordance with paragraph (a)(3) of this section.
    (6) First-year implementation. During 2005, the selection of and 
establishment of the contractual obligations of the Market Analyst, 
Formula Arbitrator, and Contract Arbitrator(s) as required under this 
section shall occur not later than September 1, 2005.
    (7) IFQ and IPQ issuance and selection of the Market Analyst, 
Formula Arbitrator, and Contract Arbitrator(s). NMFS will not issue CVO 
IFQ and IPQ for a crab QS fishery until Arbitration Organizations 
establish by mutual agreement contracts with a Market Analyst, Formula 
Arbitrator, and Contract Arbitrator(s) for that fishery and notify NMFS.

[[Page 965]]

    (f) Roles and standards for the Market Analyst and process for 
producing the Market Report. (1) For each crab QS fishery, the 
Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration 
Organizations shall establish a contract with the Market Analyst to 
produce a Market Report for the fishery. The terms of this contract must 
specify that the Market Analyst must produce a Market Report that shall 
provide an analysis of the market for products of that fishery.
    (2) The contract with the Market Analyst must specify that:
    (i) The Market Analyst shall base the Market Report on:
    (A) A survey of the market for crab products produced by the 
fishery; and
    (B) Information provided by the IPQ and IFQ holders regarding market 
conditions and expectations.
    (ii) To the extent IPQ and IFQ holders provide information requested 
by the Market Analyst, they must provide such information directly to 
the Market Analyst and not to any other IPQ holder or IFQ holder, except 
that IFQ holders that are members of any single FCMA cooperative may 
share such information with other members of the same FCMA cooperative 
who are authorized to participate in the arbitration system.
    (iii) The Market Analyst:
    (A) May meet with IFQ holders who are members of any single FCMA 
cooperative collectively;
    (B) Shall meet with IPQ holders individually;
    (C) Shall meet with distinct crab FCMA cooperatives individually; 
and
    (D) Shall meet with IFQ holders who are not members of the same FCMA 
cooperatives individually.
    (iv) The information provided to the Market Analyst by IPQ and IFQ 
holders must be historical information based on activities occurring 
more than three months prior to the generation of the Market Report.
    (v) The Market Analyst shall keep confidential the identity of the 
source of any particular information contained in the report. The Market 
Analyst may note generally the sources from which it gathered 
information. The report shall:
    (A) Include only data that is based on information regarding 
activities occurring more than three months prior to the generation of 
the Market Report;
    (B) Include only statistics for which there are at least five 
providers reporting data upon which each statistic is based and for 
which no single provider's data represents more than 25 percent of a 
weighted basis of that statistic; and
    (C) Sufficiently aggregate any information disseminated in the 
report such that it would not identify specific price information by an 
individual provider of information.
    (vi) The Market Report shall consider the following factors:
    (A) Current ex-vessel prices, including ex-vessel prices received 
for crab harvested under Class A IFQ, Class B IFQ, and CVC IFQ permits;
    (B) Consumer and wholesale product prices for the processing sector 
and the participants in the arbitration (recognizing the impact of sales 
to affiliates on wholesale pricing);
    (C) Innovations and developments of the harvesting and processing 
sectors and the participants in the arbitration (including new product 
forms);
    (D) Efficiency and productivity of the harvesting and processing 
sectors (recognizing the limitations on efficiency and productivity 
arising out of the management program structure);
    (E) Quality (including quality standards of markets served by the 
fishery and recognizing the influence of harvest strategies on the 
quality of landings);
    (F) The interest of maintaining financially healthy and stable 
harvesting and processing sectors;
    (G) Safety and expenditures for ensuring adequate safety;
    (H) Timing and location of deliveries; and
    (I) The cost of harvesting and processing less than the full IFQ or 
IPQ allocation (underages) to avoid penalties for overharvesting IFQ and 
a mechanism for reasonably accounting for deadloss.
    (vii) There shall only be one annual Market Report for each fishery.
    (viii) The Market Analyst shall not issue interim or supplemental 
reports for each fishery.

[[Page 966]]

    (3) The Market Analyst shall not disclose any information to any 
person not required under this section.
    (4) In 2005, the Market Report shall be produced not later than 
September 30, 2005 or 25 days prior to the first crab fishing season for 
that crab QS fishery whichever is later in that crab fishing year as 
required under this section.
    (i) In all subsequent years, the Market Report shall be produced not 
later than 50 days prior to the first crab fishing season for that crab 
QS fishery.
    (ii) The contract with the Market Analyst must specify that the 
Market Analyst will provide in that crab fishing year to:
    (A) Each Arbitration Organization in that fishery;
    (B) NMFS Alaska Region in accordance with paragraph (a)(3) of this 
section; and
    (C) The Formula Arbitrator and any Contract Arbitrator(s) for the 
fishery.
    (g) Roles and standards for the Formula Arbitrator. (1) For each 
crab QS fishery, the Arbitration QS/IFQ Arbitration Organizations and 
the PQS/IPQ Arbitration Organizations shall establish a contract with 
the Formula Arbitrator to develop a Non-Binding Price Formula.
    (2) The contract with the Formula Arbitrator must specify that:
    (i) The Formula Arbitrator will conduct a single annual fleet-wide 
analysis of the markets for crab to establish a Non-Binding Price 
Formula under which a fraction of the weighted average first wholesale 
prices for crab products from the fishery may be used to set an ex-
vessel price; and
    (ii) The Non-Binding Price Formula shall:
    (A) Be based on the historical distribution of first wholesale 
revenues between fishermen and processors in the aggregate based on 
arm's length first wholesale prices and ex-vessel prices, taking into 
consideration the size of the harvest in each year; and
    (B) Establish a price that preserves the historical division of 
revenues in the fishery while considering the following:
    (1) Current ex-vessel prices, including ex-vessel prices received 
for crab harvested under Class A, Class B, and CVC IFQ permits;
    (2) Consumer and wholesale product prices for the processing sector 
and the participants in arbitrations (recognizing the impact of sales to 
affiliates on wholesale pricing);
    (3) Innovations and developments of the harvesting and processing 
sectors and the participants in arbitrations (including new product 
forms);
    (4) Efficiency and productivity of the harvesting and processing 
sectors (recognizing the limitations on efficiency and productivity 
arising out of the management program structure);
    (5) Quality (including quality standards of markets served by the 
fishery and recognizing the influence of harvest strategies on the 
quality of landings);
    (6) The interest of maintaining financially healthy and stable 
harvesting and processing sectors;
    (7) Safety and expenditures for ensuring adequate safety;
    (8) Timing and location of deliveries; and
    (9) The cost of harvesting and processing less than the full IFQ or 
IPQ allocation (underages) to avoid penalties for overharvesting IFQ and 
a mechanism for reasonably accounting for deadloss.
    (C) Include identification of various relevant factors such as 
product form, delivery time, and delivery location.
    (D) Consider the ``highest arbitrated price'' for the fishery from 
the previous crab fishing season, where the ``highest arbitrated price'' 
means the highest arbitrated price for arbitrations of IPQ and 
Arbitration IFQ which represent a minimum of at least 7 percent of the 
IPQ resulting from the PQS in that fishery. For purposes of this 
process, the Formula Arbitrator may aggregate up to three arbitration 
findings to collectively equal a minimum of 7 percent of the IPQ. When 
arbitration findings are aggregated with 2 or more entities, the lesser 
of the arbitrated prices of the arbitrated entities included to attain 
the 7 percent minimum be considered for the highest arbitrated price.
    (iii) The Non-Binding Price Formula may rely on any relevant 
information available to the Formula Arbitrator, including, but not 
limited to,

[[Page 967]]

    (A) Information provided by the QS, PQS, IPQ and IFQ holders in the 
fishery, and
    (B) The Market Report for the fishery.
    (iv) The Formula Arbitrator:
    (A) May meet with IFQ holders who are members of any single FCMA 
cooperative collectively;
    (B) Shall meet with IPQ holders individually;
    (C) Shall meet with distinct FCMA cooperatives individually; and
    (D) Shall meet with IFQ holders who are not members of the same FCMA 
cooperative individually.
    (v) The Formula Arbitrator may request any relevant information from 
QS, PQS, IPQ, and IFQ holders in the fishery, but the Formula Arbitrator 
shall not have subpoena power.
    (vi) The Formula Arbitrator may obtain information from persons 
other than QS, PQS, IPQ, and IFQ holders in the fishery, if those 
persons agree to provide such data. Any information that is provided 
must be based on activities occurring more than three months prior to 
the date of submission to the Formula Arbitrator.
    (vii) The Formula Arbitrator shall keep confidential the information 
that is not publicly available and not disclose the identity of the 
persons providing specific information.
    (viii) (A) In 2005, the non-binding price formula shall be produced 
not later than September 30, 2005 or 25 days prior to the first crab 
fishing season for that crab QS fishery whichever is later in that crab 
fishing year as required under this section.
    (B) In all subsequent years, the non-binding price formula shall be 
produced not later than 50 days prior to the first crab fishing season 
for that crab QS fishery.
    (C) The contract with the Formula Arbitrator must specify that the 
Formula Arbitrator will provide the non-binding price formula in that 
crab fishing year to:
    (1) Each Arbitration Organization in that fishery;
    (2) NMFS in accordance with paragraph (a)(3) of this section; and
    (3) The Market Analyst and all Contract Arbitrators in the fishery.
    (ix) The Formula Arbitrator shall not disclose any information to 
any person unless required under this section.
    (h) Roles and standards for the Contract Arbitrator(s)--(1) General. 
For each crab QS fishery, the Arbitration QS/IFQ Arbitration 
Organizations and PQS/IPQ Arbitration Organizations shall establish a 
contract with all Contract Arbitrators in that fishery that specifies 
that each Contract Arbitrator may be selected to resolve a dispute 
concerning the terms of delivery, price, or other factors in the 
fishery.
    (2) Selection of Contract Arbitrators. The contract with the 
Contract Arbitrator shall specify the means by which the Contract 
Arbitrator will be selected to resolve specific disputes. This contract 
must specify that for any dispute for which the Contract Arbitrator is 
selected, the Contract Arbitrator will comply with the last best offer 
arbitration method as set forth in this section.
    (3) Negotiation and Binding Arbitration Procedure. The contract with 
the Contract Arbitrator(s) shall specify the following approaches for 
negotiation and Binding Arbitration among members of the Arbitration 
Organizations:
    (i) Restrictions on collective negotiation. An IFQ and an IPQ holder 
may negotiate individually. Groups of IFQ holders may negotiate 
collectively with an IPQ holder only under the following provisions:
    (A) Members of an FCMA cooperatives may participate collectively 
with other members of the same FCMA cooperative in Binding Arbitration 
except as otherwise provided under this section.
    (B) Members of different FCMA cooperatives shall not participate 
collectively in Binding Arbitration.
    (C) IPQ holders shall not participate collectively. Only one IPQ 
holder shall enter into Binding Arbitration with any IFQ holder or IFQ 
holder(s).
    (D) An Arbitration Organization must not negotiate on behalf of a 
member. This shall not prohibit the members of an Arbitration IFQ 
Arbitration Organization from negotiation if the Arbitration 
Organization qualifies as an FCMA cooperative.

[[Page 968]]

    (ii) Open negotiations. At any time prior to the date of the first 
crab fishing season of a crab fishing year for that crab QS fishery, any 
holder of uncommitted Arbitration IFQ may negotiate with any holder of 
uncommitted IPQ, the price and delivery terms for that season for any 
uncommitted IFQ and uncommitted IPQ.
    (A) Uncommitted Arbitration IFQ holders and Uncommitted IPQ holders 
may freely contact each other and initiate open negotiations.
    (B) If Arbitration IFQ holders and IPQ holders do not reach an 
agreement on price, delivery terms, or other terms after committing 
shares, an Arbitration IFQ holder may initiate Binding Arbitration in 
accordance with the procedures specified in this section in order to 
resolve disputes in those price, delivery terms, or other terms.
    (C) Once IFQ or IPQ has been committed, the IFQ holder and IPQ 
holder cannot engage in open negotiation using those shares.
    (iii) Lengthy season approach. (A) Prior to the date of the first 
crab fishing season for that crab QS fishery in that crab fishing year a 
committed IPQ holder and one or more committed Arbitration IFQ holders 
may choose to adopt a Lengthy Season approach. The Lengthy Season 
approach is an alternative method to the Binding Arbitration 
proceedings.
    (B) A Lengthy Season approach allows a committed IPQ holder and a 
committed Arbitration IFQ holder to agree to postpone negotiation of 
specific contract terms until a time during the crab fishing year as 
agreed upon by the Arbitration IFQ holder and IPQ holder participating 
in the negotiation. The Lengthy Season approach allows the Arbitration 
IFQ holders and IPQ holder involved in the negotiation to postpone 
Binding Arbitration, if necessary, until a time during the crab fishing 
year. If the parties ready a final agreement on the contract terms, 
Binding Arbitration is not necessary.
    (C) If a committed IPQ holder and one or more committed Arbitration 
IFQ holder(s) are unable to reach an agreement on whether to adopt a 
Lengthy Season approach, they may request mediation to assist the 
parties in determining whether to adopt a Lengthy Season approach. The 
parties may request a Contract Arbitrator to act as a mediator. If the 
mediation proves unsuccessful or is not selected, the Arbitration IFQ 
holder may initiate enter Binding Arbitration to determine whether to 
adopt a lengthy season approach.
    (1) Binding Arbitration may begin immediately with the same Contract 
Arbitrator.
    (2) If the Contract Arbitrator serves as a mediator in an 
unsuccessful mediation, either party may request another Contract 
Arbitrator for the Binding Arbitration.
    (iv) Share matching. (A) At any time 120 hours (five days) after 
NMFS issues IFQ and IPQ for that crab QS fishery in that crab fishing 
year, holders of uncommitted Arbitration IFQ may choose to commit the 
delivery of harvests of crab to be made with that uncommitted 
Arbitration IFQ to an uncommitted IPQ holder. The issuance of IFQ and 
IPQ for a crab QS fishery occurs on the time and date that IFQ and IPQ 
amounts for that crab QS fishery are posted on the NMFS, Alaska Region 
website at http://www.fakr.noaa.gov.
    (B) To commit Arbitration IFQ, the holder of uncommitted IFQ must 
offer an amount of Arbitration IFQ:
    (1) Not less than 50 percent of the Arbitration IFQ holder's total 
uncommitted Arbitration IFQ, or an amount of uncommitted Arbitration IFQ 
equal to the total amount of uncommitted IPQ available, whichever is 
less, if the Arbitration IFQ holder is not an FCMA cooperative; and
    (2) Not less than 25 percent of the Arbitration IFQ holder's total 
uncommitted Arbitration IFQ, or an amount of uncommitted Arbitration IFQ 
equal to the total amount of uncommitted IPQ available, whichever is 
less, if the Arbitration IFQ holder is an FCMA cooperative.
    (C) Any holder of uncommitted IPQ must accept all proposed 
Arbitration IFQ commitments, up to the amount of its uncommitted IPQ. 
The commitment of IPQ will take place on receipt of notice from the 
holder of uncommitted Arbitration IFQ of the intention to commit that 
IFQ.

[[Page 969]]

    (D) After matching, an Arbitration IFQ holder and an IPQ holder may 
decide to enter mediation to reach agreement on contract terms. The 
Arbitration IFQ holder and IPQ holder may request a Contract Arbitrator 
to act as a mediator to facilitate an agreement.
    (1) If the mediation proves unsuccessful, or if mediation is not 
selected, the Arbitration IFQ holder may initiate Binding Arbitration 
which may begin immediately with the same Contract Arbitrator.
    (2) If the Contract Arbitrator serves as a mediator in an 
unsuccessful mediation, the Arbitration IFQ holder may request another 
Contract Arbitrator for the Binding Arbitration.
    (v) Initiation of Binding Arbitration. If an Arbitration IFQ holder 
intends to initiate Binding Arbitration, the Arbitration IFQ holder must 
initiate the Binding Arbitration procedure not later than 360 hours (15 
days) after NMFS issues IFQ and IPQ for that crab QS fishery in that 
crab fishing year. Binding Arbitration is initiated after the committed 
Arbitration IFQ holder notifies a committed IPQ holder and selects a 
Contract Arbitrator. Binding Arbitration may be initiated to resolve 
price, terms of delivery, and other disputes. There will be only one 
Binding Arbitration Proceeding for an IPQ holder but multiple 
Arbitration IFQ holders may participate in this proceeding. This 
limitation on the timing of Binding Arbitration proceedings does not 
include proceedings that arise due to:
    (A) The lengthy season approach;
    (B) Performance disputes; and
    (C) Quality disputes.
    (vi) Joining a Binding Arbitration proceeding. Any uncommitted 
Arbitration IFQ holder may join a Binding Arbitration proceeding as a 
party by committing the shares to the arbitration and providing notice 
to the IPQ holder and the Contract Arbitrator(s). An Arbitration IFQ 
holder may join a Binding Arbitration proceeding only if uncommitted IPQ 
is available. Once shares are committed to a Binding Arbitration 
Proceeding they cannot be uncommitted. The contract with the Contract 
Arbitrator may specify the terms and timing of joining the proceedings.
    (vii) Arbitration schedule meeting. The Contract Arbitrator shall 
meet with all parties to a Binding Arbitration proceeding as soon as 
possible once a Binding Arbitration proceeding has been initiated for 
the sole purpose of establishing a schedule for the Binding Arbitration. 
This schedule shall include the date by which the IPQ holder and 
Arbitration IFQ holder(s) must submit their last best offer and any 
supporting materials, and any additional meetings or mediation if agreed 
to by all parties. This meeting will discuss the schedule of the Binding 
Arbitration proceedings and not address terms of last best offers.
    (viii) Terms of last best offers. The Contract Arbitrator will meet 
with the parties to the Binding Arbitration proceeding to determine the 
matters that must be included in the last best offer, which may include 
a fixed price or a price over a time period specified by the parties, a 
method for adjusting prices over a crab fishing year, or an advance 
price paid at the time of delivery.
    (ix) Submission of last best offers. The parties to a Binding 
Arbitration proceeding shall each submit to the Contract Arbitrator(s) a 
last best offer defining all the terms specified for inclusion in a last 
best offer by the Contract Arbitrator. An Arbitration IFQ holder that is 
an FCMA cooperative may submit a last best offer that defines terms for 
the delivery of crab harvested by members of that FCMA cooperative with 
IFQ held by the cooperative. An Arbitration IFQ holder that is not an 
FCMA cooperative may submit a last best offer that defines the term of 
delivery of crab harvested with IFQ held by that person. The IPQ holder 
that is a party to the proceeding shall submit a single offer that 
defines terms for delivery of crab harvested with all IFQ that are 
subject to the proceedings.
    (x) Arbitration decisions. The Contract Arbitrator(s) shall decide 
among each offer received from an Arbitration IFQ holder and the offer 
received from the IPQ holder. Each arbitration decision shall result in 
a binding contract between the IPQ holder and the Arbitration IFQ holder 
defined by the terms of

[[Page 970]]

the offer selected by Contract Arbitrator(s). An arbitration decision 
applies to all committed IFQ and committed IPQ in that arbitration.
    (xi) Announcement of decisions. (A) If last best offers are 
submitted at least 15 days before the first crab fishing season for that 
crab fishing year for that crab QS fishery, arbitration decisions shall 
be issued no later than 10 days before the first crab fishing season for 
that crab fishing year for that crab QS fishery. Otherwise, the Contract 
Arbitrator will notify the parties of the arbitration decision within 5 
days of the parties submitting their last best offers.
    (B) The Contract Arbitrator will notify the parties by providing 
each Arbitration IFQ holder and IPQ holder that is a party to the 
Binding Arbitration proceeding, a copy of any decision. The decision is 
binding on the parties to the Binding Arbitration proceeding.
    (4) Basis for the Arbitration decision. The contract with the 
Contract Arbitrator shall specify that the Contract Arbitrator will be 
subject to the following provisions when deciding which last best offer 
to select.
    (i) The Contract Arbitrator's decision shall:
    (A) Be based on the historical distribution of first wholesale 
revenues between fishermen and processors in the aggregate based on 
arm's length first wholesale prices and ex-vessel prices, taking into 
consideration the size of the harvest in each year; and
    (B) Establish a price that preserves the historical division of 
revenues in the fishery while considering the following:
    (1) Current ex-vessel prices, including ex-vessel prices received 
for crab harvested under Class A IFQ, Class B IFQ, and CVC IFQ permits;
    (2) Consumer and wholesale product prices for the processing sector 
and the participants in the arbitration (recognizing the impact of sales 
to affiliates on wholesale pricing);
    (3) Innovations and developments of the harvesting and processing 
sectors and the participants in the arbitration (including new product 
forms);
    (4) Efficiency and productivity of the harvesting and processing 
sectors (recognizing the limitations on efficiency and productivity 
arising out of the management program structure);
    (5) Quality (including quality standards of markets served by the 
fishery and recognizing the influence of harvest strategies on the 
quality of landings);
    (6) The interest of maintaining financially healthy and stable 
harvesting and processing sectors;
    (7) Safety and expenditures for ensuring adequate safety;
    (8) Timing and location of deliveries; and
    (9) The cost of harvesting and processing less than the full IFQ or 
IPQ allocation (underages) to avoid penalties for overharvesting IFQ and 
a mechanism for reasonably accounting for deadloss.
    (C) Consider the Non-Binding Price Formula established in the 
fishery by the Formula Arbitrator.
    (ii) The Contract Arbitrator's decision may rely on any relevant 
information available to the Contract Arbitrator, including, but not 
limited to:
    (A) Information provided by the QS, PQS, IPQ and IFQ holders in the 
fishery regarding the factors identified in paragraph (h)(4)(i) of this 
section; and
    (B) The Market Report for the fishery.
    (iii) Each of the Arbitration IFQ holders and the IPQ holders that 
is party to the proceeding may provide the Contract Arbitrator with 
additional information to support its last best offer. The Contract 
Arbitrator must receive and consider all data submitted by the parties.
    (iv) The Contract Arbitrator may request specific information from 
the Arbitration IFQ holder(s) and IPQ holder that will be useful in 
reaching a final decision. The Contract Arbitrator will not have 
subpoena power and it is in the sole discretion of the person from whom 
information is requested as to whether to provide the requested 
information.
    (5) Limits on the release of data. The parties to a Binding 
Arbitration proceeding shall be precluded from full access to the 
information provided to the Contract Arbitrator.
    (i) Arbitration IFQ holders that are party to an arbitration 
proceeding shall have access only to information

[[Page 971]]

provided directly by the IPQ holder to the Contract Arbitrator for that 
Binding Arbitration proceeding.
    (ii) IPQ holders that are party to an arbitration proceeding shall 
have access only to information provided directly by an Arbitration IFQ 
holder to the Contract Arbitrator for that Binding Arbitration 
proceeding.
    (iii) The Contract Arbitrator shall keep confidential the 
information provided by any QS, PQS, IFQ, or IPQ holders in the fishery 
and not disclose the identity of the persons providing specific 
information except as provided in paragraph (h)(6) of this section.
    (iv) The Arbitration IFQ holders and IPQ holders shall not release 
information received in a Binding Arbitration proceeding to persons who 
were not party to that Binding Arbitration proceeding other than the 
final result of that arbitration proceeding except as provided for in 
paragraph (h)(6) of this section.
    (6) Information provided to NMFS. The Contract Arbitrator must 
provide any information, documents, or data required under this 
paragraph to NMFS in accordance with paragraph (a)(3) of this section 
not later than 30 days prior to the end of the crab fishing year for 
which the open negotiation or arbitration applied. The contract with the 
Contract Arbitrator must specify that the Contract Arbitrator provide 
NMFS with:
    (i) A copy of any minutes from any meeting attended by that Contract 
Arbitrator between or among any PQS or IPQ holders concerning any 
negotiations under this section;
    (ii) Any last-best offers made during the Binding Arbitration 
process, including all contract details, the names of other participants 
in the arbitration, and whether the bid was accepted by the Contract 
Arbitrator; and
    (iii) A copy of any information, data, or documents given by the 
Contract Arbitrator to any person who is not a party to the particular 
arbitration for which that information was provided. The Contract 
Arbitrator must identify the arbitration to which the information, data, 
or documents apply, and the person to whom those information, data, or 
documents were provided.
    (7) Enforcement of Binding Arbitration decisions. The decision of 
the Contract Arbitrator for Binding Arbitration shall be enforced among 
the parties to that arbitration.
    (8) Failure of Contract Arbitrator(s). Except as provided for in 
paragraph (h)(6) of this section, the failure of a Contract Arbitrator 
to perform shall be enforced by the Arbitration Organizations.
    (9) Post Binding Arbitration opt-in. (i) An Arbitration IFQ holder 
with uncommitted IFQ, may opt-in to any contract that results from a 
completed a Binding Arbitration procedure with any IPQ holder that has 
uncommitted IPQ.
    (A) All the terms from the arbitrated contract will apply. The 
Contract Arbitrator may determine fees and a time frame by which a Post 
Binding Arbitration opt-in may occur if those terms are not specified in 
the arbitrated contract.
    (B) Once exercised, the opt-in results in a contract that is binding 
on both the Arbitration IFQ and IPQ holder.
    (ii) To initiate the opt-in process, the holder of uncommitted 
Arbitration IFQ will notify the holder of uncommitted IPQ in writing of 
its intent to opt-in.
    (iii) Holders of uncommitted Arbitration IFQ may opt-in to a 
contract resulting from a completed Binding Arbitration procedure with a 
person that holds uncommitted IPQ for that fishery.
    (iv) If the IPQ holder and the Arbitration IFQ holder are unable to 
resolve a dispute regarding whether the opt-in offer is consistent with 
the original contract from the completed Binding Arbitration procedure, 
the dispute may be decided by the Contract Arbitrator to the original 
arbitration that resulted in the contract to which the Arbitration IFQ 
holder is seeking to opt-in. The Contract Arbitrator will decide only 
whether the proposed opt-in terms are consistent with the original 
contract.
    (10) Performance disputes. If an IPQ holder and an Arbitration IFQ 
holder are unable to resolve disputes regarding the obligations to 
perform specific contract provisions after substantial negotiations or 
when time is of the essence, the issues of that dispute shall be 
submitted for Binding Arbitration

[[Page 972]]

before a Contract Arbitrator for that fishery.
    (i) Binding Arbitration resulting from a performance dispute can 
occur at any point during or after the crab fishing year. The dispute 
must be raised by the IPQ holder or the Arbitration IFQ holder. 
Arbitration of that performance dispute must be initiated prior to the 
date of the first crab fishing season for the following crab fishing 
year in that crab QS fishery.
    (ii) Performance dispute arbitration shall follow the applicable 
procedures described for a Binding Arbitration in paragraph (h)(3) of 
this section, except that the time frame for the procedure applicable to 
a performance dispute will be determined by the Contract Arbitrator once 
the dispute has been raised.
    (iii) If a party fails to abide by the arbitration decision, a party 
may pursue available contract remedies.
    (iv) The costs of arbitrating performance disputes shall be provided 
from the general fees collected by the Arbitration Organizations 
pursuant to paragraph (e) of this section.
    (v) The Contract Arbitrator may assign fees to any party bringing 
frivolous complaints. Any such fees shall be paid by the party and not 
from the fees collected under paragraph (e)(2)(vi) of this section.
    (11) Quality disputes. When disputes regarding the quality of the 
harvested crab arise within the context of an existing contract, the 
parties may settle the disputes within the context of the arbitration 
system according to the following:
    (i) In cases where the IPQ holder and Arbitration IFQ holder(s) have 
agreed to a formula-based price for crab but where they cannot reach an 
agreement on the quality and price of the crab, the IPQ holder and 
Arbitration IFQ holder(s) will receive their share of the value of the 
amount of crab delivered based on the provisions of the contract.
    (ii) In quality disputes where the Arbitration IFQ holders prefer to 
use actual ex-vessel price and not a formula-based price and a dispute 
arises regarding crab quality and price, the dispute should be referred 
to a mutually agreeable independent quality specialist firm. This 
independent quality specialist firm will determine the quality of the 
crab. This information will be used as the basis for subsequent price 
determinations. The IPQ holder and Arbitration IFQ holder(s) with this 
quality dispute shall share the cost of hiring the specialist firm and 
agree to abide by its findings according to the terms of their 
agreement.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 
FR 75421, Dec. 20, 2005; 71 FR 40033, July 14, 2006; 73 FR 35088, June 
20, 2008; 73 FR 76190, Dec. 15, 2008; 74 FR 51519, Oct. 7, 2009]



Sec. 680.21  Crab harvesting cooperatives.

    This section governs the formation and operation of crab harvesting 
cooperatives. The regulations in this section apply only to crab 
harvesting cooperatives that have formed for the purpose of applying for 
and fishing under a crab harvesting cooperative IFQ permit issued by 
NMFS. Members of crab harvesting cooperatives that are not FCMA 
cooperatives should consult counsel before commencing any activity if 
the members are uncertain about the legality under the antitrust laws of 
the crab harvesting cooperative's proposed conduct.
    (a) Formation of crab harvesting cooperatives. The following 
requirements apply to the formation of crab harvesting cooperatives.
    (1) Membership requirements. A crab harvesting cooperative is 
limited to QS holders that hold any amount of CPO, CVO, CPC, or CVC QS, 
and that NMFS has determined are eligible to receive crab IFQ.
    (i) Minimum number of members. Each crab harvesting cooperative must 
include at least four unique QS holding entities. A unique QS holding 
entity is a QS holder or group of affiliated QS holders that are not 
affiliated with any other QS holders or QS holding entities in the crab 
harvesting cooperative. For the purpose of this paragraph, the term 
``affiliation'' is defined at Sec. 680.2.
    (ii) Voluntary nature of membership. Membership in a crab harvesting 
cooperative is voluntary. No person may be required to join a crab 
harvesting cooperative, and no crab harvesting cooperative may be 
required to accept a member who the crab harvesting cooperative chooses 
not to accept.

[[Page 973]]

    (iii) Membership in more than one crab harvesting cooperative. (A) A 
QS holder may join one crab harvesting cooperative per CR fishery.
    (B) Upon joining a crab harvesting cooperative for a CR fishery, 
NMFS will convert all of a QS holder's QS holdings for that CR fishery 
to crab harvesting cooperative IFQ.
    (2) Legal and organizational requirements. A crab harvesting 
cooperative must meet the following legal and organizational 
requirements before it is eligible to apply for a crab harvesting 
cooperative IFQ permit:
    (i) Registered business entity. Each crab harvesting cooperative 
must be formed as a partnership, corporation, or other legal business 
entity that is registered under the laws of one of the 50 states or the 
District of Columbia.
    (ii) Appointment of a designated representative. Each crab 
harvesting cooperative must appoint an individual as designated 
representative to act on the crab harvesting cooperative's behalf and 
serve as contact point for NMFS for questions regarding the operation of 
the crab harvesting cooperative. The designated representative may be a 
member of the crab harvesting cooperative or some other individual 
authorized by the crab harvesting cooperative to act on its behalf.
    (b) Application for annual crab harvesting cooperative IFQ permits. 
A crab harvesting cooperative IFQ permit is an annual permit issued to a 
crab harvesting cooperative that establishes an annual catch limit of 
crab that is based on the collective QS holdings of the members of the 
crab harvesting cooperative that have been contributed by the members. A 
crab harvesting cooperative IFQ permit will list the IFQ amount, by 
fishery, held by the crab harvesting cooperative and identify the 
members of the crab harvesting cooperative. Each crab harvesting 
cooperative will be issued a separate IFQ permit for each type of QS 
held by a member (or members) of the crab harvesting cooperative.
    (1) August 1 application deadline. A completed application for an 
annual crab harvesting cooperative IFQ permit must be submitted annually 
by each crab harvesting cooperative and received by NMFS no later than 
August 1, together with the signed annual application for crab IFQ/IPQ 
permit forms of all the members of the crab harvesting cooperative.
    (2) Contents of application for annual crab harvesting cooperative 
IFQ permit. A completed application also must contain the following 
information:
    (i) Cooperative identification. Enter the crab harvesting 
cooperative's legal name; type of business entity under which the crab 
harvesting cooperative is organized; state in which the crab harvesting 
cooperative is legally registered as a business entity; printed name of 
the crab harvesting cooperative's designated representative; the 
permanent business address, telephone number, facsimile number, and e-
mail address (if available) of the crab harvesting cooperative or its 
designated representative; and the signature of the crab harvesting 
cooperative's designated representative and date signed.
    (ii) Members of the cooperative. Full name and NMFS Person ID of 
each member of the crab harvesting cooperative.
    (iii) Additional documentation. For the application to be considered 
complete, the following documents must be attached to the application: 
the completed and signed annual application for crab IFQ/IPQ permit for 
all members of the crab harvesting cooperative, a copy of the business 
license issued by the state in which the crab harvesting cooperative is 
registered as a business entity, a copy of the articles of incorporation 
or partnership agreement of the crab harvesting cooperative, and a copy 
of the crab harvesting cooperative agreement signed by the members of 
the crab harvesting cooperative (if different from the articles of 
incorporation or partnership agreement of the crab harvesting 
cooperative).
    (3) Issuance of crab harvesting cooperative IFQ permits. Upon 
receipt of a completed application for an annual crab harvesting 
cooperative IFQ permit that is subsequently approved, NMFS will issue 
one-year crab harvesting cooperative IFQ permits to the crab harvesting 
cooperative. The crab harvesting cooperative IFQ permits will list the 
crab IFQ amounts that are generated by the aggregate QS holdings of all 
members of the crab harvesting cooperative for

[[Page 974]]

each fishery, region, sector, and Class A/B IFQ categories. Issuance by 
NMFS of a crab harvesting cooperative IFQ permit is not a determination 
that the crab harvesting cooperative is formed or is operating in 
compliance with antitrust law.
    (4) Appeals. A crab harvesting cooperative or person that is 
adversely affected by an initial administrative determination (IAD) that 
is associated with the issuance of a crab harvesting cooperative IFQ 
permit may appeal the IAD using the appeals procedures described in 
Sec. 680.43.
    (c) Restrictions on fishing under a crab harvesting cooperative IFQ 
permit. The following restrictions govern fishing for IFQ crab under a 
crab harvesting cooperative IFQ permit:
    (1) Maintenance of permit on board. A copy of a crab harvesting 
cooperative IFQ permit must be maintained on board any vessel that is 
being used to harvest crab under the permit.
    (2) Persons eligible to harvest crab under a crab harvesting 
cooperative IFQ permit. The only person eligible to harvest crab under a 
crab harvesting cooperative IFQ permit is the crab IFQ hired master 
under Sec. 680.4(g) who is operating a vessel in which at least a 10 
percent ownership share is held by a member of the crab harvesting 
cooperative to whom the IFQ permit is issued.
    (3) Liability. Each member of a crab harvesting cooperative is 
responsible for ensuring that members of the crab harvesting cooperative 
and crab IFQ hired masters of the crab harvesting cooperative comply 
with all regulations applicable to fishing for CR crab.
    (d) Transfers by members of a crab harvesting cooperative. The 
following requirements address transfers of QS and IFQ by members of a 
crab harvesting cooperative.
    (1) Transfer of QS. A member of a crab harvesting cooperative may 
acquire or divest QS at any time using the transfer procedures described 
in Sec. 680.41. However, transfers of QS that occur after the August 1 
deadline for crab harvesting cooperative IFQ permit applications will 
not be reflected in the type or amount of IFQ permit issued to the crab 
harvesting cooperative for the current fishing season.
    (2) Transfer of individually held IFQ. A member of a crab harvesting 
cooperative may acquire or divest individually held IFQ using the 
transfer procedures described in Sec. 680.41. However, any vessel used 
to harvest IFQ not held by a crab harvesting cooperative loses the 
vessel use cap exemption.
    (3) Transfer of crab harvesting cooperative IFQ prohibited. A member 
of a crab harvesting cooperative may not acquire or divest crab 
harvesting cooperative IFQ. Crab harvesting cooperative IFQ may only be 
transferred between two crab harvesting cooperatives.
    (e) Transfers by crab harvesting cooperatives. The following 
requirements address transfers of QS, IFQ, PQS, and IPQ by crab 
harvesting cooperatives that have been issued crab harvesting 
cooperative IFQ permits.
    (1) Acquisition of QS, PQS, and IPQ prohibited. A crab harvesting 
cooperative that has been issued a crab harvesting cooperative IFQ 
permit is prohibited from acquiring any amount of QS, PQS, or IPQ for 
the valid duration of the crab harvesting cooperative IFQ permit. A crab 
harvesting cooperative that acquires any amount of QS, PQS, or IPQ 
becomes ineligible to receive a crab harvesting cooperative IFQ permit.
    (2) Transfer of crab harvesting cooperative IFQ. A crab harvesting 
cooperative may transfer its IFQ only to another crab harvesting 
cooperative. Crab harvesting cooperatives wishing to engage in an inter-
cooperative transfer must complete an application for inter-cooperative 
transfer to transfer crab IFQ between crab harvesting cooperatives. A 
crab harvesting cooperative is prohibited from transferring any amount 
of crab harvesting cooperative IFQ to any entity that is not a crab 
harvesting cooperative operating under a crab harvesting cooperative IFQ 
permit.
    (3) Use caps. Inter-cooperative transfers of IFQ will apply to the 
individual use caps of crab harvesting cooperative members through the 
designation of the crab harvesting cooperative members conducting the 
transfer.
    (f) Application for transfer of crab harvesting cooperative IFQ--(1) 
Completed

[[Page 975]]

application. NMFS will process an application for transfer of crab 
harvesting cooperative individual fishing quota (IFQ) provided that a 
paper or electronic request form is completed by the applicant, with all 
applicable fields accurately filled in, and all required additional 
documentation is attached.
    (2) Certification of transferor--(i) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (ii) Electronic submittal. The transferor's designated 
representative must log into the system and create a transfer request as 
indicated on the computer screen. By using the transferor's NMFS ID, 
password, and Transfer Key and submitting the transfer request, the 
designated representative certifies that all information is true, 
correct, and complete.
    (3) Certification of transferee--(i) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (ii) Electronic submittal. The transferee's designated 
representative must log into the system and accept the transfer request 
as indicated on the computer screen. By using the transferee's NMFS ID, 
password, and Transfer Key, the designated representative certifies that 
all information is true, correct, and complete.
    (4) Submittal information. An application for transfer of crab 
harvesting cooperative IFQ crab QS or PQS may be submitted to NMFS as 
instructed on the application. Forms are available on the NMFS Alaska 
Region website at http://alaskafisheries.noaa.gov, or by contacting NMFS 
at 800-304-4846, Option 2.
    (g) Inseason changes to crab harvesting cooperative membership. The 
following requirements address inseason changes to crab harvesting 
cooperative membership.
    (1) Eligible membership changes. A crab harvesting cooperative may 
add a new member if that person becomes eligible to join the crab 
harvesting cooperative through the acquisition of any amount of the QS 
upon which the crab harvesting cooperative's annual IFQ permit was 
based, provided that the person acquiring the QS in question has been 
determined by NMFS to be eligible to hold IFQ. Likewise, a crab 
harvesting cooperative may remove a member if that person no longer 
holds any of the QS upon which the crab harvesting cooperative's annual 
IFQ permit was based.
    (2) Inseason membership changes are voluntary. A crab harvesting 
cooperative is not required to add or remove members during the fishing 
season to reflect inseason transfers of QS. Each crab harvesting 
cooperative is free to establish its own process for deciding whether or 
not to admit new members or to remove existing members during the 
fishing season to reflect changes in the QS holdings. No crab harvesting 
cooperative is required to admit a new QS holder that the crab 
harvesting cooperative chooses not to admit, regardless of whether the 
person in question has acquired any amount of QS upon which the crab 
harvesting cooperative's annual IFQ is based. If a crab harvesting 
cooperative chooses to make inseason membership changes, then it must 
comply with paragraph (g)(3) of this section.
    (3) Application for an inseason change in cooperative membership. To 
change crab harvesting cooperative membership, a crab harvesting 
cooperative must submit to NMFS a revised application for an annual crab 
harvesting cooperative IFQ permit together with any revised supporting 
documents that are required to be submitted with the application. The 
revised application for an annual crab harvesting cooperative IFQ permit 
must be accompanied by a cover letter that indicates the revisions that 
have been made. Upon approval of the membership change, NMFS will issue 
a revised crab harvesting cooperative IFQ permit that reflects the 
change. A new member may not fish on behalf of a cooperative except as a 
crab IFQ hired master until NMFS issues a revised crab harvesting 
cooperative IFQ permit that reflects the change in membership.

[[Page 976]]

    (4) Successors-in-interest. If a member of a crab harvesting 
cooperative dies (in the case of an individual) or dissolves (in the 
case of a business entity), the QS held by that person will be 
transferred to the legal successor-in-interest. However, the crab 
harvesting cooperative IFQs generated by that person's QS holdings 
remain under the control of the crab harvesting cooperative for the 
valid duration of the crab harvesting cooperative IFQ permit. Each crab 
harvesting cooperative is free to establish its own internal procedures 
for admitting a successor-in-interest during the fishing season to 
reflect the transfer of QS due to the death or dissolution of a QS 
holder. The regulations in this section do not require any crab 
harvesting cooperative to admit a successor-in-interest that the 
cooperative chooses not to admit. If a crab harvesting cooperative 
chooses to admit the successor-in-interest for membership, then the crab 
harvesting cooperative must comply with paragraph (g)(3) of this 
section.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 73 
FR 35088, June 20, 2008; 74 FR 51519, Oct. 7, 2009]



Sec. 680.22  Sideboard protections for GOA groundfish fisheries.

    The regulations in this section restrict the owners of vessels with 
a history of participation in the Bering Sea snow crab fishery from 
using the increased flexibility provided by the CR Program to expand 
their level of participation in GOA groundfish fisheries. These 
restrictions are commonly known as ``sideboards.''
    (a) Vessels and LLP licenses subject to sideboard restrictions. The 
sideboard fishing restrictions described in this section are based on a 
vessel's fishing history and apply both to the fishing vessel itself and 
to any LLP license generated by that vessel's fishing history. The 
criteria used to determine which vessels and LLP licenses are subject to 
GOA groundfish sideboard fishing restrictions are as follows:
    (1) Vessels subject to GOA groundfish sideboard directed fishing 
closures. Any vessel that NMFS has determined meets one or both of the 
following criteria is subject to GOA groundfish sideboard directed 
fishing closures issued under paragraph (e) of this section.
    (i) Any non-AFA vessel that made a legal landing of Bering Sea snow 
crab (C. opilio) between January 1, 1996, and December 31, 2000, that 
generated any amount of Bering Sea snow crab (C. opilio) fishery QS; and
    (ii) Any vessel named on an LLP license that was generated in whole 
or in part by the fishing history of a vessel meeting the criteria in 
paragraph (a)(1)(i) of this section.
    (2) Vessels prohibited from directed fishing for Pacific cod in the 
GOA. Any vessel that NMFS has determined meets either of the following 
two criteria is prohibited from directed fishing for Pacific cod in the 
GOA:
    (i) Any vessel subject to GOA groundfish sideboard closures under 
paragraph (a)(1)(i) of this section that landed less than 50 mt (110,231 
lb), in round weight equivalents, of groundfish harvested from the GOA 
between January 1, 1996, and December 31, 2000, or
    (ii) Any vessel named on an LLP license that was generated in whole 
or in part by the fishing history of a vessel meeting the criteria in 
paragraph (a)(2)(i) of this section.
    (3) Vessels exempt from Pacific cod sideboard closures in the GOA. 
Any vessel that NMFS has determined meets one or both of the following 
criteria is exempt from sideboard directed fishing closures for Pacific 
cod in the GOA:
    (i) Any vessel subject to GOA groundfish closures under paragraph 
(a)(1)(i) of this section that landed less than 100,000 lb (45,359 kg), 
in raw weight equivalents, of Bering Sea snow crab and more than 500 mt 
(1,102,311 lb), in round weight equivalents, of Pacific cod from the GOA 
between January 1, 1996, and December 31, 2000; and
    (ii) Any vessel named on an LLP license that was generated in whole 
or in part by the fishing history of a vessel meeting the criteria in 
paragraph (a)(3)(i) of this section.
    (b) Notification of affected vessel owners and LLP license holders. 
After NMFS determines which vessels and LLP licenses meet the criteria 
described in paragraph (a) of this section, NMFS will inform each vessel 
owner and LLP license holder in writing of the type of

[[Page 977]]

sideboard restriction and issue a revised Federal Fisheries Permit and/
or LLP license that displays the restriction on the face of the permit 
or license.
    (c) Appeals. A vessel owner or LLP license holder who believes that 
NMFS has incorrectly identified his or her vessel or LLP license as 
meeting the criteria for a GOA groundfish sideboard restriction may 
request reconsideration. All requests for reconsideration must be 
submitted in writing to the RAM Division, Alaska Region, NMFS, together 
with any documentation or evidence supporting the request. If the 
request for reconsideration is denied, affected persons may appeal using 
the procedures described at Sec. 680.43.
    (d) Determination of GOA groundfish sideboard ratios. Sideboard 
ratios for each GOA groundfish species other than fixed-gear sablefish, 
species group, season, and area for which annual specifications are 
made, are established according to the following formulas:
    (1) Pacific cod. The sideboard ratios for Pacific cod are calculated 
by dividing the aggregate retained catch of Pacific cod by vessels that 
are subject to sideboard directed fishing closures under paragraph 
(a)(1) of this section and that do not meet the criteria in paragraphs 
(a)(2) or (a)(3) of this section by the total retained catch of Pacific 
cod by all groundfish vessels between 1996 and 2000.
    (2) Groundfish other than Pacific cod. The sideboard ratios for 
groundfish species and species groups other than Pacific cod and fixed-
gear sablefish are calculated by dividing the aggregate landed catch by 
vessels subject to sideboard directed fishing closures under paragraph 
(a)(1) of this section by the total landed catch of that species by all 
groundfish vessels between 1996 and 2000.
    (e) Conversion of sideboard ratios into annual harvest limits. NMFS 
will convert sideboard ratios into annual harvest limits according to 
the following procedures.
    (1) Annual harvest limits. Annual harvest limits for each groundfish 
species, except fixed-gear sablefish, will be established by multiplying 
the sideboard ratios calculated under paragraph (d) of this section by 
the interim and final TACs in each area for which a TAC is specified. If 
a TAC is further apportioned by season, the sideboard harvest limit also 
will be apportioned by season in the same ratio as the overall TAC. The 
resulting harvest limits expressed in metric tons will be published in 
the annual GOA groundfish harvest specification notices.
    (2) Sideboard directed fishing allowance. (i) If the Regional 
Administrator determines that a harvest limit for a species or species 
group 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 group of crab vessels to which the 
sideboard limit applies.
    (ii) If the Regional Administrator determines that a harvest limit 
is insufficient to support a directed fishery for that species or 
species group, then the Regional Administrator may set the sideboard 
directed fishing allowance at zero for that species or species group.
    (3) Directed fishing closures. Upon attainment of a sideboard 
directed fishing allowance, the Regional Administrator will publish 
notification in the Federal Register prohibiting directed fishing for 
the species or species group in the specified subarea, regulatory area, 
or district. A directed fishing closure is effective for the duration of 
the fishing year or season.
    (f) Sideboard protections in the State of Alaska parallel groundfish 
fisheries. Vessels subject to the sideboard restrictions under paragraph 
(a) of this section, with a Federal Fisheries Permit or LLP license, 
shall be subject to the regulations of this section while participating 
in any groundfish fishery in State waters adjacent to the GOA opened by 
the State of Alaska and for which the State of Alaska adopts a Federal 
fishing season.

[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 38301, July 6, 2006]



Sec. 680.23  Equipment and operational requirements.

    (a) Catcher vessel requirements. A catcher vessel used to harvest CR 
crab must:
    (1) Carry and use a VMS as described in paragraph (d) of this 
section;

[[Page 978]]

    (2) Land all retained crab to an RCR operating under an approved 
catch monitoring plan as described in paragraph (g) of this section;
    (b) Catcher/processor requirements. A catcher/processor used to 
harvest CR crab must:
    (1) Carry and use a VMS as described in paragraph (d) of this 
section;
    (2) Weigh all retained crab to be processed on board, in its raw 
form, on a scale approved by NMFS as described in paragraph (e) of this 
section;
    (3) Land all retained crab not processed on board at an RCR;
    (4) Offload all CR crab product processed onboard at a shoreside 
location in the United States accessible by road or regularly scheduled 
air service; and
    (5) Provide an approved observer platform scale and test weights 
that meet the requirements in paragraph (e) of this section.
    (c) RCR requirements. An RCR must:
    (1) Ensure that all CR crab landings are weighed on a scale approved 
by the State in which the landing takes place.
    (2) Ensure that all crab landing and weighing be conducted as 
specified in an approved crab monitoring plan as described in paragraph 
(g) of this section, and that a copy of the crab monitoring plan is made 
available to NMFS personnel or authorized officer upon demand.
    (d) Vessel Monitoring System (VMS) requirements--(1) General 
requirements. General VMS requirements concerning the approval and 
installation of VMS components and the responsibilities of vessel owners 
and operators are detailed at Sec. 679.28(f)(1) through (5).
    (2) VMS transmission requirements. A vessel's transmitter must be 
transmitting if:
    (i) The vessel is operating in any reporting area (see definitions 
at Sec. 679.2) off Alaska;
    (ii) The vessel has crab pots or crab pot hauling equipment, or a 
crab pot launcher onboard; and
    (iii) The vessel has or is required to have a Federal crab vessel 
permit for that crab fishing year.
    (e) Scales approved by NMFS. To be approved by NMFS, a scale used to 
weigh crab at sea must meet the type evaluation and initial inspection 
requirements set forth in Sec. 679.28(b)(1) and (2). Once a scale is 
installed on a vessel and approved by NMFS for use, it must be 
reinspected annually as described in Sec. 679.28(b) by requesting a 
scale inspection from NMFS. Each scale must be tested daily and meet the 
maximum permissible error (MPE) requirements described in paragraph 
(e)(1) of this section.
    (1) At-sea scale tests. To verify that the scale meets the MPEs 
specified in this paragraph, the vessel operator must test each scale or 
scale system used to weigh CR crab 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. The MPE for the daily at-sea scale tests is plus or 
minus 3 percent of the known weight of the test material. The scale must 
be tested by weighing at least 400 kg (882 lb) of crab 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 Sec. 679.28 (b)(7).
    (ii) Automatic hopper scales. An automatic hopper scale must be 
tested at its minimum and maximum capacity with approved test weights. 
Test weights must be placed in the bottom of the hopper unless an 
alternative testing method is approved by NMFS. The MPE for the daily 
at-sea scale tests is plus or minus 2 percent of the weight of the 
approved test weights.
    (iii) Platform scales used for observer sampling. A platform scale 
used for observer sampling must be tested at 10, 25, and 50 kg (or 20, 
50, and 100 lb if the scale is denominated in pounds) using approved 
test weights. The MPE for the daily at-sea scale test is plus or minus 
0.5 percent if the scale is used to determine the known weight of test 
material for the purpose of testing a belt scale. If the scale is not 
used for that purpose, the MPE for the daily at-sea scale test is plus 
or minus 1 percent.
    (iv) Approved test weights. Each test weight must have its weight 
stamped on or otherwise permanently affixed to it. The weight of each 
test weight must

[[Page 979]]

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.
    (v) 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 and record 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 weights;
    (5) Weight of test weights recorded by scale;
    (6) Percent error as determined by subtracting the known weight of 
the test weights from the weight recorded on the scale, dividing that 
amount by the known weight of the 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 crab 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 vessel owner must retain the scale 
test report forms for 3 years after the end of the crab fishing year 
during which the tests were performed. All scale test report forms must 
be signed by the vessel operator.
    (2) 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 inaccurately.
    (3) Printed reports from the scale. 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 NMFS or NMFS authorized personnel. In addition, the vessel 
owner must retain printed reports 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 prior to submitting a CR crab 
landing report as described in Sec. 680.5. 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 crab vessel permit number;
    (B) The weight of each load in the weighing cycle (hopper scales 
only);
    (C) The date and time the information was printed;
    (D) The total amount weighed since the last printout was made; and
    (E) The total cumulative weight of all crab 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 50 CFR part 679. 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 NMFS staff or other 
NMFS-authorized personnel.
    (iii) Platform scales used for observer sampling. A platform scale 
used for observer sampling is not required to produce a printed record 
unless that scale is also used to obtain raw weight for a CR crab 
landing report.
    (4) Scale installation requirements. Unless otherwise approved by 
NMFS, a scale used to obtain raw weight for a CR crab landing report 
must be installed such that:
    (i) From the location where the observer samples unsorted crab, the 
observer can ensure that all crab are being weighed;
    (ii) The scale may not be installed in a manner that facilitates 
bypassing. It must not be possible for the scale inspector and an 
assistant to bypass the scale with 100 kg (220 lb) of test material in 
less than 20 seconds.

[[Page 980]]

    (f) Scales approved by the state. Scale requirements in this 
paragraph are in addition to those requirements set forth by the State 
in which the scale is approved, 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. Scales used to weigh CR crab 
that are also required to be approved by the State must meet the 
following requirements:
    (1) Verification of approval. The scale must display a valid State 
sticker indicating that the scale was inspected and approved within the 
previous 12 months.
    (2) Visibility. An RCR must ensure that the scale and scale display 
are visible simultaneously. NMFS personnel or NMFS authorized personnel, 
including observers, must be allowed to observe the weighing of crab on 
the scale and be allowed to read the scale display at all times.
    (3) Printed scale weights. (i) An RCR must ensure that printouts of 
the scale weight of each delivery are made available to NMFS personnel 
or to NMFS authorized personnel, including observers, at the time 
printouts are generated. An RCR must maintain printouts on site until 
the end of the fishing year during which the printouts were made and 
make them available upon request by an authorized officer for 3 years 
after the end of the fishing year during which the printout was made.
    (ii) A scale used to weigh any portion of a landing of CR crab must 
produce a printed record for each landing, or portion of each landing, 
weighed on that scale. The printed record must include:
    (A) The RCR's name;
    (B) The weight of each load in the weighing cycle;
    (C) The total weight of crab in each landing, or portion of the 
landing that was weighed on that scale;
    (D) The date and time the information is printed; and
    (E) The name and ADF&G vessel registration number of the vessel 
making the delivery. The scale operator may write this information on 
the scale printout in ink at the time of landing.
    (4) Inseason scale testing. Scales used to weigh CR crab must be 
tested by RCR personnel when testing is requested by NMFS-staff or by 
NMFS-authorized personnel.
    (i) Inseason testing criteria. 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, that weight values are visible on the display until 
the value is printed, and that the scale does not exceed the maximum 
permissible errors specified in the following table:

------------------------------------------------------------------------
                                                           Maximum error
              Test load in scale divisions                   in scale
                                                             divisions
------------------------------------------------------------------------
(A) 0-500...............................................               1
(B) 501-2,000...........................................               2
(C) 2,001-4,000.........................................               3
(D)  4,000...................................               4
------------------------------------------------------------------------

    (ii) Test weight requirements. Scales must be tested with the amount 
and type of weight specified for each scale type in the following tables 
under paragraphs (f)(4)(ii)(A) through (f)(4)(ii)(D) of this section:
    (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.
------------------------------------------------------------------------

    (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 of 150 kg (300    Maximum.
 lb), whichever is greater.
------------------------------------------------------------------------

    (C) Platform, flatbed or hanging scales less than 150 kg (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, flatbed or hanging scales  150 kg (300 lb) 
capacity.

------------------------------------------------------------------------
          Certified test weights                Other test  material
------------------------------------------------------------------------
(1) 10 kg (20 lb).........................  Not Acceptable.

[[Page 981]]

 
(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.
------------------------------------------------------------------------

    (iii) Certified test weights. An RCR must ensure that there are 
sufficient test weights on-site to test each scale used to weigh CR 
crab. 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.
    (iv) Other test material. When permitted in paragraph (f)(4)(ii) of 
this section, a scale may be tested with test material other than 
certified test weights.
    (g) Crab Monitoring Plans (CMP). A CMP is a plan submitted by an RCR 
for each location or processing vessel where the RCR wishes to take 
deliveries of CR crab. The CMP must detail how the RCR will meet the 
catch monitoring standards detailed in paragraph (g)(5) of this section. 
An RCR that processes only CR crab harvested under a CPO or CPC IFQ 
permit is not required to prepare a CMP.
    (1) CMP Approval. NMFS will approve a CMP if it meets all the 
performance standards specified in paragraph (g)(5) of this section. The 
location or vessel identified in the CMP may be inspected by NMFS prior 
to approval of the CMP to ensure that the location conforms to the 
elements addressed in the CMP. If NMFS disapproves a CMP, the plant 
owner or manager may resubmit a revised CMP or file an administrative 
appeal as set forth under the administrative appeals procedures 
described in Sec. 679.43.
    (2) Inspection scheduling. The time and place of a CMP inspection 
may be arranged by submitting a written request for an inspection to 
NMFS, Alaska Region. An inspection must be requested no less than 10 
working days before the requested inspection date. NMFS staff will 
conduct CMP inspections in any port located in the United States that 
can be reached by regularly scheduled commercial air service. 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, facsimile number, and e-mail address 
(if available) of the person submitting the application; and
    (iii) A proposed CMP detailing how the RCR will meet each of the 
standards in paragraph (g)(5) of this section.
    (3) Approval period. NMFS will approve a CMP 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 in 
plant operations or layout that do not conform to the CMP.
    (4) Changing an approved CMP. An RCR may change an approved CMP by 
submitting a CMP addendum to NMFS. Depending on the nature and magnitude 
of the change requested, NMFS may require a CMP inspection as described 
in paragraph (g)(2) of this section. A CMP addendum must contain:
    (i) Name and signature of the person submitting the addendum;
    (ii) Address, telephone number, facsimile number and e-mail address 
(if available) of the person submitting the addendum; and
    (iii) A complete description of the proposed CMP change.
    (5) CMP standards--(i) Crab sorting and weighing requirements. All 
crab, including crab parts and crab that are dead or otherwise 
unmarketable, delivered to the RCR must be sorted and weighed by 
species. The CMP must detail how and where crab are sorted and weighed.
    (ii) Scales used for weighing crab. The CMP must identify by serial 
number each scale used to weigh crab and describe the rationale for its 
use.
    (iii) Scale testing procedures. Scales identified in the CMP must be 
accurate within the limits specified in paragraph (f)(4)(i) of this 
section. For each scale identified in the CMP 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;

[[Page 982]]

    (C) Lists where the test weights and equipment will be stored; and
    (D) Lists the names of the personnel responsible for conducting the 
scale testing.
    (iv) Printed record. An RCR must ensure that the scale produces a 
complete and accurate printed record of the weight of each species in a 
landing. All of the crab in a delivery must be weighed on a scale 
capable of producing a complete printed record as described in paragraph 
(e)(3) of this section. A printed record of each landing must be printed 
before the RCR submits a CR crab landing report.
    (v) Observation area. Each CMP must designate an observation area. 
The observation area is a location designated on the CMP where an 
individual may monitor the offloading and weighing of crab. The 
observation area must meet the following standards:
    (A) Access to the observation area. The observation area must be 
freely accessible to observer, NMFS staff or enforcement aides at any 
time during the effective period of the CMP.
    (B) Monitoring the offloading and weighing of crab. From the 
observation area, an individual must have an unobstructed view or 
otherwise be able to monitor the entire offload of crab between the 
first location where crab are removed from the boat and a location where 
all sorting has taken place and each species has been weighed.
    (C) Other requirements. The observation area must be sheltered from 
the weather and not exposed to unreasonable safety hazards.
    (vi) Plant liaison. The CMP must designate a plant liaison. The 
plant liaison is responsible for:
    (A) Orienting new observers, NMFS staff and enforcement aides to the 
plant;
    (B) Assisting in the resolution of observer concerns; and
    (C) Informing NMFS if changes must be made to the CMP.
    (vii) Drawing to scale of delivery location. The CMP must be 
accompanied by a drawing to scale of the delivery location or vessel 
showing:
    (A) Where and how crab are removed from the delivering vessel;
    (B) The observation area;
    (C) The location of each scale used to weigh crab; and
    (D) Each location where crab is sorted.
    (viii) Single geographic location. All offload and weighing 
locations detailed in a CMP must be located on the same vessel or in the 
same geographic location. If a CMP describes facilities for the 
offloading of vessels at more than one location, it must be possible to 
see all locations simultaneously.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 75421, Dec. 20, 2005; 73 
FR 76190, Dec. 15, 2008; 75 FR 56486, Sept. 16, 2010]



Sec. 680.30  [Reserved]



                   Subpart C_Quota Management Measures



Sec. 680.40  Crab Quota Share (QS), Processor QS (PQS), Individual Fishing
Quota (IFQ), and Individual Processor Quota (IPQ) Issuance.

    (a) Crab QS and Crab QS fisheries. The Regional Administrator will 
issue crab QS for the crab QS fisheries defined in paragraph (a)(1) of 
this section. The Regional Administrator will annually issue IFQ based 
on the amount of QS a person holds. Crab harvested and retained in each 
crab QS fishery may be harvested and retained only by persons holding 
the appropriate crab IFQ for that crab QS fishery.
    (1) Allocations. With the exception of the WAI golden king crab 
fishery, the Regional Administrator shall annually apportion 10 percent 
of the TAC specified by the State of Alaska for each of the fisheries 
described in Table 1 to this part to the Western Alaska CDQ program. Ten 
percent of the TAC in the Western Aleutian Islands golden king crab 
fishery will be allocated to the Adak community entity. The remaining 
TACs for the crab QS fisheries will be apportioned for use by QS holders 
in each fishery.
    (2) Official crab rationalization record. The official crab 
rationalization record will be used to determine the amount of QS that 
is to be allocated for each crab QS fishery. The official crab 
rationalization record is presumed to be correct. An applicant for QS 
has the

[[Page 983]]

burden to prove otherwise. For the purposes of creating the official 
crab rationalization record the Regional Administrator will presume the 
following:
    (i) An LLP license is presumed to have been used onboard the same 
vessel from which that LLP is derived, unless documentation is provided 
establishing otherwise.
    (ii) If more than one person is claiming the same legal landings or 
legal processing activities, then each person eligible to receive QS or 
PQS based on those activities will receive an equal share of any 
resulting QS or PQS unless the applicants can provide written 
documentation establishing an alternative means for distributing the QS 
or PQS.
    (iii) For the purposes of determining eligibility for CPO QS, a 
person is presumed to have processed BSAI crab in 1998 or 1999 if the 
vessel on which the applicant's LLP license is based processed such crab 
in those years.
    (b) QS sectors and regional designations--(1) General. The Regional 
Administrator shall initially assign to qualified persons, crab QS that 
are specific to the crab QS fisheries defined in paragraph (a)(1) of 
this section. The crab QS amount issued will be based on legal landings 
made on vessels authorized to participate in those fisheries in four QS 
sectors:
    (i) Catcher Vessel Owner (CVO) QS shall be initially issued to 
qualified persons defined in paragraph (b)(3) of this section based on 
legal landings of unprocessed crab.
    (ii) Catcher Vessel Crew (CVC) QS shall be initially issued to 
qualified persons defined in paragraph (b)(3) of this section based on 
legal landings of unprocessed crab.
    (iii) Catcher/Processor Owner (CPO) QS shall be initially issued to 
qualified persons defined in paragraph (b)(3) of this section based on 
legal landings of crab that were harvested and processed on the same 
vessel.
    (iv) Catcher/Processor Crew (CPC) QS shall be initially issued to 
qualified persons defined in paragraph (b)(3) of this section based on 
legal landings of crab that were harvested and processed on the same 
vessel.
    (2) Regional designations. (i) Regional designations apply to:
    (A) North QS if the legal landings that gave rise to the QS for a 
crab QS fishery were landed in the Bering Sea subarea north of 
56[deg]20[min] N. lat.; or
    (B) South QS if the legal landings that gave rise to the QS for a 
crab QS fishery were not landed in the North Region, and all CVO QS 
allocated to the WAI crab QS fishery; or
    (C) West QS for a portion of the QS allocated to the WAG crab QS 
fishery subject to the provisions under Sec. 680.40(c)(4).
    (ii) Regional designations do not apply (Undesignated QS) to:
    (A) Crab QS for the EBT or WBT crab QS fishery;
    (B) Crab QS for that portion of the WAG QS fishery not regionally 
designated for the West region;
    (C) CVC QS;
    (D) CPO QS unless that QS is transferred to the CVO QS sector, in 
which case the regional designation is made by the recipient of the 
resulting CVO QS at the time of transfer; and
    (E) CPC QS.
    (iii) The regional designations that apply to each of the crab QS 
fisheries are specified in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Undesignated
               Crab QS Fishery                  North Region     South Region     West Region         Region
----------------------------------------------------------------------------------------------------------------
(A) EAG                                                    X                X   ...............  ...............
----------------------------------------------------------------------------------------------------------------
(B) WAG                                       ...............  ...............               X                X
----------------------------------------------------------------------------------------------------------------
(C) EBT                                       ...............  ...............  ...............               X
----------------------------------------------------------------------------------------------------------------
(D) WBT                                       ...............  ...............  ...............               X
----------------------------------------------------------------------------------------------------------------
(E) BSS                                                    X                X   ...............  ...............
----------------------------------------------------------------------------------------------------------------
(F) BBR                                                    X                X   ...............  ...............
----------------------------------------------------------------------------------------------------------------
(G) PIK                                                    X                X   ...............  ...............
----------------------------------------------------------------------------------------------------------------

[[Page 984]]

 
(H) SMB                                                    X                X   ...............  ...............
----------------------------------------------------------------------------------------------------------------
(I) WAI                                       ...............               X   ...............  ...............
----------------------------------------------------------------------------------------------------------------

    (iv) The regional designation ratios applied to QS and PQS for each 
crab QS fishery will be established based on the regional designations 
determined on August 1, 2005. QS or PQS issued after this date will be 
issued in the same ratio.
    (3) Qualified person means, for the purposes of QS issuance, a 
person, as defined in Sec. 679.2, who at the time of application for QS 
meets the following criteria for each of the QS sectors:
    (i) CVO QS. Holds one or more permanent, fully transferable crab LLP 
licenses and is a citizen of the United States;
    (ii) CPO QS. (A) Holds one or more permanent, fully transferable 
crab LLP licenses with a Catcher/Processor designation and is a citizen 
of the United States; and
    (B) Harvested and processed at sea any crab species in any BSAI crab 
fishery during the years 1998 or 1999.
    (iii) CVC QS and CPC QS. (A) Is an individual who is a citizen of 
the United States, or his or her successor-in-interest if that 
individual is deceased;
    (B) Has historical participation in the fishery demonstrated by 
being the individual named on a State of Alaska Interim Use Permit for a 
QS crab fishery and made at least one legal landing per year for any 3 
eligibility years under that permit based on data from fish tickets 
maintained by the State of Alaska. The qualifying years are described in 
Column C of Table 7 to this part.
    (C) Has recent participation in the fishery demonstrated by being 
the individual named on a State of Alaska Interim Use Permit for a QS 
crab fishery and made at least one legal landing under that permit in 
any 2 of 3 seasons based on data from fish tickets maintained by the 
State of Alaska. Those seasons are defined in Column D of Table 7 to 
this part; except that the requirement for recent participation does not 
apply if:
    (1) The legal landings that qualify the individual for QS in the PIK 
crab QS fishery were made from a vessel that was less than 60 feet 
length overall; or
    (2) If the individual who is otherwise eligible to receive an 
initial issuance of QS died while working as part of a harvesting crew 
in any U.S. commercial fishery.
    (4) Qualification for initial allocation of QS--(i) Qualifying year. 
The qualifying years for each crab QS fishery are described in Column B 
of Table 7 to this part.
    (ii) Legal landing of crab means, for the purpose of initial 
allocation of QS, crab harvested during the qualifying years specified 
in Column B of Table 7 to this part and landed in compliance with state 
and Federal permitting, landing, and reporting regulations in effect at 
the time of the landing.
    (A) Legal landings exclude any deadloss, test fishing, fishing 
conducted under an experimental, exploratory, or scientific activity 
permit, or the fishery conducted under the Western Alaska CDQ Program.
    (B) Landings made onboard a vessel that gave rise to a crab LLP 
license or made under the authority of an LLP license are non-severable 
from the crab LLP license until QS has been issued for those legal 
landings, except as provided for in paragraph (c)(2)(vii) of this 
section.
    (C) Landings may only be used once for each QS sector for the 
purposes of allocating QS.
    (D) Landings made from vessels which are used for purposes of 
receiving compensation through the BSAI Crab Capacity Reduction Program 
may not be used for the allocation of CVO QS or CPO QS.
    (E) Legal landings for purposes of allocating QS for a crab QS 
fishery only include those landings that resulted in the issuance of an 
LLP license endorsed for that crab QS fishery, or landings that were 
made in that crab

[[Page 985]]

QS fishery under the authority of an LLP license endorsed for that crab 
QS fishery, except as provided for in paragraph (c)(2)(vii) of this 
section.
    (iii) Documentation. Evidence of legal landings shall be limited to 
State of Alaska fish tickets.
    (c) Calculation of QS allocation--(1) General. (i) For each 
permanent, fully transferable crab LLP license under which an applicant 
applies, CVO and CPO QS will be based on legal landings that resulted in 
the issuance of that license or from legal landings that were made under 
the authority of that license.
    (ii) For each State of Alaska Interim Use Permit under which an 
applicant applies for CVC QS or CPC QS, the initial allocation of QS 
will be based on the legal landings that were made under the authority 
of that permit.
    (2) Computation for initial issuance of QS. (i) Based on the 
official crab rationalization record the Regional Administrator shall 
derive the annual harvest denominator (AHD) that represents the amount 
of legally landed crab in each crab QS fishery in each qualifying year 
as established in Column B of Table 7 to this part.
    (ii) The initial QS pool is described in Table 8 to this part.
    (iii) A person's initial allocation of QS shall be based on a 
percentage of the legal landings for the applicable sector in each crab 
QS fishery:
    (A) Associated with crab LLP licenses held by the applicant for CVO 
or CPO QS; or
    (B) Authorized under a State of Alaska Interim Use Permit held by 
the applicant for CVC or CPC QS.
    (iv) The Regional Administrator shall calculate the allocation of 
CVO and CPO QS for each crab QS fishery ``f'' based on each fully 
transferable LLP license ``l'' held by a qualified person by the 
following formulas:
    (A) Sum legal landings for each qualifying year, as described in 
Column B of Table 7 to this part, and divide that amount by the AHD for 
that year as follows:

([sigma] legal landingslf/AHDf) x 100 = Percentage 
    of the AHDlf

    (B) In those fisheries where only a subset of the qualifying years 
are applied, the Regional Administrator will use the years that yield 
the highest percentages of each AHD as calculated in paragraph 
(c)(2)(iv)(A) of this section.
    (C) Sum the highest percentages of the AHD's for that license as 
calculated under paragraph (c)(2)(iv)(B) of this section and divide by 
the number in Column E of Table 7 to this part (Subset of Qualifying 
Years). This yields the Average Percentage as presented in the following 
equation:

[sigma] Percentages of the AHDlf/Subset of Qualifying 
    Yearsf = Average Percentagelf

    (D) Divide the Average percentage in paragraph (c)(2)(iv)(C) of this 
section for a license and fishery by the Sum of all Average Percentages 
for all licenses for that fishery as presented in the following 
equation:

Average Percentagelf/[sigma] Average Percentagesf 
    = Percentage of the Total Percentageslf

    (E) Multiply the Percentage of the Total Percentages in paragraph 
(c)(2)(iv)(D) of this section by the Initial QS Pool as described in 
Table 8 to this part. This yields the unadjusted number of QS units 
derived from a license for a fishery.
    (F) Multiply the unadjusted number of QS units in paragraph 
(c)(2)(iv)(E) of this section by 97 percent. This yields the number of 
QS units to be allocated.
    (G) Determine the percentage of legal landings in the subset of 
qualifying years associated with a LLP license with a catcher/processor 
designation that were processed on that vessel and multiply the amount 
calculated in paragraph (c)(2)(iv)(F) of this section by this 
percentage. This yields the amount of CPO QS to be allocated.
    (H) Determine the percentage of legal landings in the subset of 
qualifying years associated with a LLP license that were not processed 
on that vessel and multiply the amount calculated in paragraph 
(c)(2)(iv)(F) of this section by this percentage. This yields the amount 
of CVO QS to be allocated.
    (I) Determine the percentage of legal landings associated with an 
LLP license in the subset of qualifying years that were delivered in 
each region as

[[Page 986]]

defined in paragraph (b)(2) of this section. The amount calculated in 
paragraph (c)(2)(iv)(H) of this section is multiplied by the percentage 
for each region.
    (J) The percentage calculated in paragraph (c)(2)(iv)(I) of this 
section may be adjusted according to the provisions at paragraphs (c)(3) 
and (c)(4) of this section.
    (v) As shown in the formulas under this paragraph (c)(2)(v), the 
allocation of CVC and CPC QS for each crab QS fishery ``f'' based on 
each State of Alaska Interim Use Permit ``i'' held by each qualified 
person shall be calculated by the Regional Administrator as follows:
    (A) Sum legal landings for each qualifying year as described in 
Column B of Table 7 to this part and divide that amount by the AHD for 
that year using the following equation:

([sigma] legal landingsif/AHDf) x 100 = Percentage 
    of the AHDif

    (B) In those fisheries where only a subset of the qualifying years 
are applied, the Regional Administrator will use the years that yield 
the highest percentages of the AHD as calculated in paragraph 
(c)(2)(v)(A) of this section.
    (C) Sum the highest percentages of the AHDs for that license 
calculated under paragraph (c)(2)(v)(B) of this section and divide by 
the number in Column E of Table 7 to this part (Subset of Qualifying 
Years). This yields the Average Percentage as presented in the following 
equation:

[sigma] Percentages of the AHDlf/Subset of Qualifying 
    Yearsf = Average Percentageif

    (D) Divide the Average Percentage in paragraph (c)(2)(v)(C) of this 
section for a permit and fishery by the Sum of all Average Percentages 
for all permits for that fishery as presented in the following equation:

Average Percentageif/[sigma] Average Percentagesf 
    = Percentage of the Total Percentagesif

    (E) Multiply the Percentage of the Total Percentages in paragraph 
(c)(2)(v)(E) of this section by the Initial QS Pool as described in 
Table 8 to this part. This yields the unadjusted number of QS units 
derived from a permit for a fishery.
    (F) Multiply the unadjusted number of QS units in paragraph 
(c)(2)(v)(E) of this section by 3 percent. This yields the number of QS 
units to be allocated.
    (G) Determine the percentage of legal landings in the subset of 
qualifying years associated with a permit that were processed on that 
vessel and multiply the amount calculated in paragraph (c)(2)(v)(F) of 
this section by this percentage. This yields the amount of CPC QS to be 
allocated.
    (H) Determine the percentage of legal landings in the subset of 
qualifying years associated with a permit that were not processed on 
that vessel and multiply the amount calculated in paragraph (c)(2)(v)(F) 
of this section by this percentage. This yields the amount of CVC QS to 
be allocated.
    (I) Determine the percentage of legal landings associated with a 
permit in the subset of qualifying years that were delivered in each 
region as defined in paragraph (b)(2) of this section. The amount 
calculated in paragraph (c)(2)(v)(H) of this section is multiplied by 
the percentage for each region.
    (J) The percentage calculated in paragraph (c)(2)(v)(I) of this 
section may be adjusted according to the provisions at paragraphs (c)(3) 
and (c)(4) of this section. The amount calculated in paragraph 
(c)(2)(v)(H) of this section is multiplied by the percentage for each 
region. These regional QS designations do not apply to CVC QS.
    (vi) Sunken vessel provisions. (A) If a person applies for CVO QS or 
CPO QS based, in whole or in part, on the activities of a vessel that 
sank, the Regional Administrator shall presume landings for that vessel 
for the crab fishing years between the time of vessel loss and the 
replacement of the vessel under Sec. 679.4(k)(5)(v) of this chapter. 
These presumed landings shall be equivalent to 50 percent of the average 
legal landings for the qualifying years established in Column B of Table 
7 to this part unaffected by the sinking. If the vessel sank during a 
qualifying year, the legal landings for that year will not be used as 
the basis for presumed landings;

[[Page 987]]

    (B) If a person applies for CVO QS or CPO QS based, in whole or in 
part, on the activities of a vessel that sank and:
    (1) The person who owned the vessel that sank would have been denied 
eligibility to replace a sunken vessel under the provisions of Public 
Law 106-554; and
    (2) The vessel that sank was replaced with a newly constructed 
vessel, with that vessel under construction no later than June 10, 2002. 
For purposes of this section a vessel is considered under construction 
once the keel for that vessel has been laid; and
    (3) The newly constructed vessel participated in any Bering Sea crab 
fishery no later than October 31, 2002;
    (4) Then the Regional Administrator shall presume landings for that 
vessel for the crab fishing years between the time of vessel loss and 
the replacement of the vessel. These presumed landings shall be 
equivalent to 50 percent of the average legal landings for the 
qualifying years established in Column B of Table 7 to this part 
unaffected by the sinking. If the vessel sank during a qualifying year, 
the legal landings for that year will not be used as the basis for 
presumed landings.
    (vii) LLP license history exemption. An applicant for CVO or CPO QS 
who:
    (A) Deployed a vessel in a crab QS fishery under the authority of an 
interim or permanent fully transferable LLP license; and
    (B) Prior to January 1, 2002, received by transfer, as authorized by 
NMFS, a permanent fully transferable LLP license for use in that crab QS 
fishery to insure that a vessel would remain authorized to participate 
in the fishery, may choose to use as the legal landings which are the 
basis for QS allocation on his or her application for crab QS or PQS 
either:
    (1) The legal landings made on that vessel for that crab QS fishery 
prior to the transfer of the permanent fully transferable LLP license 
for use on that vessel; or
    (2) The legal landings made on the vessel that gave rise to the 
permanent fully transferable LLP license and the legal landings made 
under the authority of that same LLP license in that crab QS fishery 
prior to January 1, 2002.
    (C) If the history described in paragraph (c)(2)(vii)(B)(1) of this 
section is being used by another person for an allocation with an LLP 
license, then the allocation in paragraph (c)(2)(vii) will be based on 
the legal landings as described under paragraph (c)(2)(vii)(B)(2) of 
this section.
    (3) Adjustment of CVO and CVC QS allocation for North and South 
regional designation. The Regional Administrator may adjust the regional 
designation of QS to ensure that it is initially allocated in the same 
proportion as the regional designation of PQS for that crab QS fishery. 
A person who would receive QS based on the legal landings in only one 
region, will receive QS with only that regional designation. A person 
who would receive QS with more than one regional designation for that 
crab QS fishery would have his or her QS holdings regionally adjusted on 
a pro rata basis as follows:
    (i) Determine the ratio of the Initial PQS pool in the North and 
South regions.
    (ii) Multiply the Initial QS pool by the ratio of North and South 
PQS. This will yield the target QS pool for each region.
    (iii) Sum the QS for all persons who are eligible to receive North 
QS yielding the unadjusted North QS pool, and sum the QS for all persons 
who are eligible to receive South QS yielding the unadjusted South QS 
pool.
    (iv) To calculate the amount of QS available for adjustment, 
subtract the amount of QS for persons receiving North only QS from the 
unadjusted North QS pool and subtract the amount of QS for persons 
receiving South only QS from the unadjusted South QS pool, as presented 
in the following equations:
    (A) Unadj. North QS -North QS only = North QS for [North & South] QS 
holders.
    (B) Unadj. South QS -South QS only = South QS for [North & South] QS 
holders.
    (v) Determine which region becomes the gaining region if the target 
QS pool is greater than the unadjusted QS pool.
    (vi) Subtract the gaining region unadjusted QS pool from the gaining 
region target QS pool to calculate the

[[Page 988]]

number of QS units that need to be applied to the gaining region. This 
amount is the Adjustment Amount as presented in the following equation:

Unadj. gaining region QS -Target gaining region QS pool = Adjustment 
    Amount

    (vii) Divide the Adjustment Amount by the unadjusted losing region 
QS pool for North and South QS holders. This yields the regional 
adjustment factor (RAF) for each person as presented in the following 
equation:

Adj. Amount/unadjusted losing region QS pool for [North & South] QS 
    holders = RAF

    (viii) For each person (p) who holds both North and South Region QS, 
the QS adjustment (QS Adj. (p)) to that person's Unadjusted losing 
region QS is expressed in the following equation as:

QS adj. p = Unadjusted losing region QS p x RAF

    (ix) The QS adjustment for person (p) is made by subtracting the QS 
adjustment from that person's unadjusted losing region QS amount and 
added to that person's unadjusted gaining region QS. These adjustments 
will yield the regional adjustment QS amounts for that person.
    (4) Regional designation of Western Aleutian Islands golden king 
crab. Fifty percent of the CVO QS that is issued in the WAG crab QS 
fishery will be initially issued with a West regional designation. The 
West regional designation applies to QS for delivery west of 174[deg] W. 
longitude. The remaining 50 percent of the CVO QS initially issued for 
this fishery is not subject to regional designation (Undesignated QS). A 
person (p) who would receive QS based on the legal landings in only one 
region will receive QS with only that regional designation. A person who 
would receive QS with more than one regional designation for that crab 
QS fishery would have his or her QS holdings regionally adjusted on a 
pro rata basis as follows:
    (i) The West QS pool is equal to 50 percent of the initial QS pool.
    (ii) The Undesignated QS pool is equal to 50 percent of the initial 
QS pool.
    (iii) Sum the QS for all persons who are eligible to receive West QS 
yielding the unadjusted West QS pool, and sum the QS for all persons who 
are eligible to receive undesignated QS yielding the unadjusted 
undesignated QS pool.
    (iv) To calculate the amount of QS available for adjustment, 
subtract the amount of QS for persons receiving West only QS from the 
unadjusted West QS pool and subtract the amount of QS for persons 
receiving undesignated only QS from the unadjusted undesignated QS pool, 
as presented in the following equation:
    (A) Unadj. West QS-West QS only = West QS for [West & Undesignated] 
QS holders.
    (B) Unadj. Undesignated QS-Undesignated QS only = Undesignated QS 
for [West & Undesignated] QS holders.
    (v) Subtract the gaining region Unadjusted QS pool from the gaining 
region Target QS pool to calculate the number of QS units that will need 
to be applied to the gaining region. This amount is the Adjustment 
Amount as presented in the following equation:

Target gaining region QS pool-unadjusted region QS = Adjustment Amount

    (vi) Divide the Adjustment Amount by the unadjusted losing region QS 
pool for West and Undesignated QS holders. This yields the regional 
adjustment factor (RAF) for each person as presented in the following 
equation:

Adj. Amount/unadjusted losing region QS pool for West & Undesignated QS 
    holders = RAF

    (vii) For each person (p) who holds both unadjusted West and 
Undesignated Region QS, the QS adjustment (QS Adj. p) to that person's 
Unadjusted West QS is expressed in the following equation as:

QS adj. p = Unadjusted West QS p x RAF

    (viii) The QS adjustment for person (p) is made by subtracting the 
QS adjustment for that person's unadjusted losing region QS amount and 
subtracted from that person's unadjusted gaining region QS. These 
adjustments will yield the regional adjustment QS amounts for that 
person.

[[Page 989]]

    (5) Issuance of converted CPO QS. (i) For each crab fishing year, 
the Regional Administrator may issue converted CPO QS for the BBR or BSS 
crab QS fishery with a North Region designation to an entity described 
in paragraph (c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) of this section if 
NMFS has approved an application for converted CPO QS/IFQ for that crab 
fishing year.
    (ii) Entity A is comprised only of Yardarm Knot, Inc. (NMFS ID 
 675).
    (iii) Entity B is comprised only of Blue Dutch, LLC (NMFS ID 
 3163).
    (iv) Entity C is comprised only of Trident Seafoods, Inc. (NMFS ID 
 8184).
    (v) NMFS will issue Entity A, B, or C, described in paragraphs 
(c)(5)(ii) through (c)(5)(iv) of this section, one unit of converted CPO 
for each unit of CVO QS and 0.9 units of PQS indicated in an approved 
application for converted CPO QS/IFQ.
    (vi) For each crab fishing year, the Regional Administrator will not 
issue CPO QS for the BBR or BSS crab QS fishery:
    (A) To Entity A described in paragraph (c)(5)(ii) of this section 
that is greater than the amount of converted CPO QS that may be derived 
from the amount of PQS units with a North Region designation initially 
issued by NMFS to Yardarm Knot, Inc. (NMFS ID  675), and any 
affiliates of Yardarm Knot, Inc., as listed on an annual application for 
converted CPO QS/IFQ for that crab fishing year;
    (B) To Entity B described in paragraph (c)(5)(iii) of this section 
that is greater than the amount of converted CPO QS that may be derived 
from the amount of PQS units with a North Region designation initially 
issued by NMFS to Blue Dutch, LLC, (NMFS ID  3163) under 
paragraph (e)(3) of this section and any affiliates of Blue Dutch, LLC, 
as listed on an annual application for annual application for converted 
CPO QS/IFQ for that crab fishing year; and
    (C) To Entity C described in paragraph (c)(5)(iv) of this section 
that is greater than the amount of converted CPO QS that may be derived 
from the amount of CVO QS units with a North Region designation 
initially issued by NMFS to Trident Seafoods, Inc. (NMFS ID  
8184), and any affiliates of Trident Seafoods, Inc., as listed on an 
annual application for converted CPO QS/IFQ for that crab fishing year;
    (vii) CPO IFQ derived from converted CPO QS may be issued to a crab 
harvesting cooperative only if the entity described in paragraph 
(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) of this section holding the 
converted CPO QS is a member of that crab harvesting cooperative.
    (6) Offloading requirements for CPO IFQ derived from converted CPO 
QS. Any crab harvested under a CPO IFQ permit derived from converted CPO 
QS must be offloaded in the Bering Sea subarea north of 56[deg]20[min] 
N. lat.
    (d) Crab PQS and Crab PQS Fisheries--(1) General. The Regional 
Administrator shall initially assign to qualified persons defined in 
paragraph (d)(3) of this section crab PQS specific to crab QS fisheries 
defined in paragraph (a)(1) of this section. The crab PQS amount issued 
will be based on total legal processing of crab made in those crab QS 
fisheries. PQS shall yield annual IPQ as defined under paragraph (j) of 
this section.
    (2) Regional designations. For each crab QS fishery, PQS shall be 
initially regionally designated based on the legal processing that gave 
rise to the PQS as follows:
    (i) North PQS if the processing that gave rise to the PQS for a crab 
QS fishery occurred in the Bering Sea subarea north of 56[deg]20[min] N. 
lat.; or
    (ii) South PQS if the processing that gave rise the PQS for a crab 
QS fishery did not occur in the North Region, and PQS allocated to the 
WAI crab QS fishery; or
    (iii) West PQS for a portion of the PQS allocated to the WAG crab QS 
fishery subject to the provisions under paragraph (e)(2) of this 
section; or
    (iv) Undesignated. Regional designations do not apply to:
    (A) That portion of the WAG crab QS fishery that is not regionally 
designated as West Region PQS; and
    (B) The EBT or WBT crab QS fishery.
    (v) The specific regional designations that apply to PQS in each of 
the crab QS fisheries are described in paragraph (b)(2)(iii) of this 
section.

[[Page 990]]

    (3) Qualified person, for the purposes of PQS issuance, means a 
person, as defined at Sec. 679.2, who at the time of application for 
PQS is a U.S. citizen, or a U.S. corporation, partnership, association, 
or other entity, and who:
    (i) Legally processed any crab QS species established in paragraph 
(a)(1) of this section during 1998 or 1999 as demonstrated on the 
official crab rationalization record; or
    (ii) Did not legally process any crab QS species during 1998 or 1999 
according to the official crab rationalization record, but who:
    (A) Processed BSS crab QS species in each crab season for that 
fishery during the period from 1988 through 1997; and
    (B) From January 1, 1996, through June 10, 2002, invested in a 
processing facility, processing equipment, or a vessel for use in 
processing operations, including any improvements made to existing 
facilities with a total expenditure in excess of $1,000,000; or
    (C) Is the person to whom the history of legal processing of crab 
has been transferred by the express terms of a written contract that 
clearly and unambiguously provides that such legal processing of crab 
has been transferred. This provision would apply only if that applicant 
for PQS:
    (1) Legally processed any crab QS species established in paragraph 
(a)(1) of this section during 1998 or 1999, as demonstrated on the 
official crab rationalization record; or
    (2) Received history of crab processing that was legally processed 
during 1998 or 1999, as demonstrated on the official crab 
rationalization record.
    (iii) Qualified persons, or their successors-in-interest, must exist 
at the time of application for PQS.
    (iv) A former partner of a dissolved partnership or a former 
shareholder of a dissolved corporation who would otherwise be a 
qualified person may apply for PQS in proportion to his or her ownership 
interest in the dissolved partnership or corporation.
    (v) A person who has acquired a processing corporation, partnership, 
or other entity that has a history of legal processing of crab is 
presumed to have received by transfer all of that history of legal 
processing of crab unless a clear and unambiguous written contract 
establishes otherwise.
    (4) Qualification for initial allocation of PQS--(i) Years. The 
qualifying years for each crab QS fishery are designated in Table 9 to 
this part.
    (ii) Ownership interest. Documentation of ownership interest in a 
dissolved partnership or corporation, association, or other entity 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.
    (iii) Legal processing of crab means, for the purpose of initial 
allocation of PQS, raw crab pounds processed in the crab QS fisheries 
designated under paragraph (a)(1) of this section in compliance with 
state and Federal permitting, landing, and reporting regulations in 
effect at the time of the landing. Legal processing excludes any 
deadloss, processing of crab harvested in a test fishery or under a 
scientific, education, exploratory, or experimental permit, or under the 
Western Alaska CDQ Program.
    (iv) Documentation. Evidence of legal processing shall be limited to 
State of Alaska fish tickets, except that:
    (A) NMFS may use information from a State of Alaska Commercial 
Operators Annual Report, State of Alaska fishery tax records, or 
evidence of direct payment from a receiver of crab to a harvester if 
that information indicates that the buyer of crab differs from the 
receiver indicated on State of Alaska fish ticket records; however:
    (B) Information on State of Alaska fish tickets shall be presumed to 
be correct for the purpose of determining evidence of legal processing 
of crab. An applicant will have the burden of proving the validity of 
information submitted in an application that is inconsistent with the 
information on the State of Alaska fish ticket.
    (e) Calculation of PQS allocation--(1) Computation for initial 
issuance of PQS. (i) The Regional Administrator shall establish the 
Total Processing Denominator (TPD) which represents the amount of 
legally processed raw crab pounds in each crab QS fishery in all 
qualifying years.

[[Page 991]]

    (ii) For each crab QS fishery, the percentage of the initial PQS 
pool that will be distributed to each qualified person shall be based on 
their percentage of the TPD according to the following procedure:
    (A) Sum the raw crab pounds purchased for each person for all 
qualifying years.
    (B) Divide the sum calculated in paragraph (e)(1)(ii)(A) of this 
section by the TPD. Multiply by 100. This yields a person's percentage 
of the TPD.
    (C) Sum the TPD percentages of all persons.
    (D) Divide the percentage for a person calculated in paragraph 
(e)(1)(ii)(B) of this section by the sum calculated in paragraph 
(e)(1)(ii)(C) of this section for all persons. This yields a person's 
percentage of the TPD.
    (E) Multiply the amount calculated in paragraph (e)(1)(ii)(D) of 
this section by the PQS pool for that crab QS fishery as that amount is 
defined in Table 8 to this part.
    (F) Determine the percentages of legally processed crab that were 
processed in each region. The percentages calculated in paragraph 
(e)(1)(ii)(E) of this section are multiplied by the amount determined 
within each regional designation. Regional designations will apply to 
that PQS according to the provisions established in paragraphs (d)(2) 
and (e)(2) of this section.
    (2) Regional designation of Western Aleutian Islands golden king 
crab. (i) Fifty percent of the PQS that is issued in the WAG crab QS 
fishery will be issued with a West regional designation. The West 
regional designation applies to PQS for processing west of 174[deg] N. 
long. The remaining 50 percent of the PQS issued for this fishery is 
Undesignated region PQS.
    (ii) A person will receive only West PQS if, at the time of 
application, that person owns a crab processing facility that is located 
in the West region. A person will receive West region and Undesignated 
Region PQS if, at the time of application, that person does not own a 
crab processing facility located in the West region. Expressed 
algebraically, for any person (p) allocated both West region PQS and 
undesignated region PQS the formula is as follows:
    (A) PQSWest = PQS x 0.50
    (B) PQSUnd. = PQS x 0.50
    (C) PQSWest for PQSWest & Und. holders = 
PQSWest-PQSWest only
    (D) PQSWest for Personp West & Und. = 
PQSp x PQSWest for PQSWest & Und. 
holders/(PQSWest for PQSWest & Und. holders + 
PQSUnd.)
    (E) PQSUnd. for Personp = PQSp-
PQSWest for Personp
    (iii) For purposes of the allocation of PQS in the WAG crab fishery:
    (A) Ownership of a processing facility is defined as:
    (1) A sole proprietor; or
    (2) A relationship between two or more entities in which a person 
directly or indirectly owns a 10 percent or greater interest in another, 
or a third entity directly or indirectly owns a 10 percent or greater 
interest in both.
    (B) A processing facility is a shoreside crab processor or a 
stationary floating crab processor.
    (3) PQS issued to Blue Dutch, LLC. (i) Pursuant to Public Law 109-
241, NMFS issued 3,015,229 units of PQS for the BBR crab QS fishery and 
7,516,253 units of PQS for the BSS crab QS fishery.
    (ii) PQS units issued to Blue Dutch, LLC, under paragraph (e)(3)(i) 
of this section were assigned a regional designation according to the 
procedures established in paragraph (b)(2)(iv) of this section.
    (iii) PQS units issued to Blue Dutch, LLC, under paragraph (e)(3)(i) 
of this section may not be transferred to any other person.
    (f) Application for crab QS or PQS--(1) General. The Regional 
Administrator will issue QS and/or PQS to an applicant if a complete 
application for crab QS or PQS is submitted by or on behalf of the 
applicant during the specified application period, and if the applicant 
meets all criteria for eligibility as specified at paragraphs (b)(3) and 
(d)(3) of this section.
    (i) The Regional Administrator will send application materials to 
the person identified by NMFS as an eligible applicant based on the 
official crab rationalization record. An application form may also be 
obtained from the Internet or requested from the Regional Administrator.

[[Page 992]]

    (ii) An application for crab QS or PQS may be submitted to NMFS as 
instructed on the application. Forms are available on the NMFS Alaska 
Region website at http://alaskafisheries.noaa.gov, or by contacting NMFS 
at 800-304-4846, Option 2.
    (iii) An application that is postmarked, faxed, or hand delivered 
after the ending date for the application period for the Crab QS Program 
specified in the Federal Register will be denied.
    (2) Contents of application. A complete application for crab QS or 
PQS must be signed by the applicant, or the individual representing the 
applicant, and include the following, as applicable:
    (i) Type of QS or PQS for which the person is applying. Select the 
type of QS or PQS for which the applicant is applying.
    (A) If applying for CVO QS or CPO QS, submit information required in 
paragraphs (f)(2)(ii) through (f)(2)(iv) of this section;
    (B) If applying for CVC QS or CPC QS, submit information required in 
paragraphs (f)(2)(ii), (f)(2)(iii) and (f)(2)(v) of this section;
    (C) If applying for PQS, submit information required in paragraphs 
(f)(2)(ii), (f)(2)(iii) and (f)(2)(vi) of this section.
    (ii) Applicant information. (A) Enter the applicant's name, NMFS 
person ID (if applicable), tax ID or social security number (required), 
permanent business mailing address, business telephone number, facsimile 
number, and e-mail (if available);
    (B) Indicate (YES or NO) whether applicant is a U.S. citizen; if 
YES, enter his or her date of birth. You must be a U.S. citizen or U.S. 
corporation, partnership, or other business entity to obtain CVO, CPO, 
CVC, or CPC QS.
    (C) Indicate (YES or NO) whether applicant is a U.S. corporation, 
partnership, association, or other business entity; if YES, enter the 
date of incorporation;
    (D) Indicate (YES or NO) whether applicant is deceased; if YES, 
enter date of death. A copy of the death certificate must be attached to 
the application;
    (E) Indicate (YES or NO) whether applicant described in paragraph 
(f)(2)(ii)(C) of this section is no longer in existence; if YES, enter 
date of dissolution and attach evidence of dissolution to the 
application;
    (iii) Fishery and QS/PQS type. Indicate the crab QS fishery and type 
of QS/PQS for which applying.
    (iv) CVO or CPO QS. (A) For vessels whose catch histories are being 
claimed for purposes of the crab QS program, enter the following 
information: name of the vessel, ADF&G vessel registration number, USCG 
documentation number, moratorium crab permit number(s), and crab LLP 
license number(s) held by the applicant and used on that vessel, 
qualifying years or seasons fished by fishery, and dates during which 
those permits were used on that vessel.
    (B) Indicate (YES or NO) whether applicant is applying for QS for 
any crab QS fishery for which the applicant purchased an LLP license 
prior to January 1, 2002, in order to remain in that fishery. If YES, 
include LLP crab license number, and the vessel's name, ADF&G vessel 
registration number, and USCG documentation number.
    (C) Indicate (YES or NO) whether QS is being claimed based on the 
fishing history of a vessel that was lost or destroyed. If YES, include 
the name, ADF&G registration number, and USCG documentation number of 
the lost or destroyed vessel, the date the vessel was lost or destroyed, 
and evidence of the loss or destruction.
    (D) Indicate (YES or NO) whether the lost or destroyed vessel 
described in paragraph (f)(2)(iv)(C) of this section was replaced with a 
newly constructed vessel. If YES, include the name, ADF&G vessel 
registration number, and USCG documentation number of the replacement 
vessel, date of vessel construction, and date vessel entered 
fishery(ies). Indicate (YES or NO) if the replacement vessel 
participated in a Bering Sea crab fishery by October 31, 2002. If YES, 
provide documentation of the replacement vessel's participation by 
October 31, 2002, in a Bering Sea crab fishery.
    (E) If the applicant is applying for CPO QS, indicate (YES or NO) 
whether the applicant processed crab from any of the crab QS fisheries 
listed on Table 1 to this part on board a vessel authorized by one of 
the LLP licenses listed

[[Page 993]]

in paragraph (f)(2)(iv)(A) of this section in 1998 or 1999. If YES, 
enter information for the processed crab, including harvest area, date 
of landing, and crab species.
    (v) CVC or CPC QS. (A) Indicate (YES or NO) whether applicant had at 
least one landing in three of the qualifying years for each crab species 
for which the applicant is applying for QS (see Table 7 to this part).
    (B) Indicate (YES or NO) whether applicant has recent participation 
in a crab QS fishery as defined in Table 7 to this part.
    (C) If the answer to paragraph (f)(2)(v)(A) or paragraph 
(f)(2)(v)(B) of this section is YES, enter State of Alaska Interim Use 
Permit number and the name, ADF&G vessel registration number, and USCG 
documentation number of vessel on which harvesting occurred. Select the 
qualifying years or seasons fished by QS fishery, and the dates during 
which those permits were used on that vessel;
    (D) Indicate (YES or NO) whether a person is applying as the 
successor-in-interest to an eligible applicant. If YES, attach to the 
application documentation proving the person's status as a successor-in-
interest and evidence of the death of the eligible applicant.
    (vi) Processor QS. (A) Indicate (YES or NO) whether applicant 
processed any of the crab species included in the Crab QS program (see 
Table 1 to this part) in 1998 or 1999.
    (B) If answer to paragraph (f)(2)(vi)(A) of this section is YES, 
enter the facility name and ADF&G processor code for each processing 
facility where crab, from any of the crab QS fisheries listed in Table 1 
of this part, were processed and the qualifying years or seasons by 
fishery for which applicant is claiming eligibility for PQS.
    (C) If answer to paragraph (f)(2)(vi)(A) of this section is NO, 
indicate (YES or NO) whether applicant is claiming eligibility under 
hardship provisions;
    (D) If answer to paragraph (f)(2)(vi)(C) of this section is YES, 
both of the following provisions must apply to a processor to obtain 
hardship provisions. Attach documentation of the following 
circumstances:
    (1) Applicant processed QS crab during 1998 or 1999, or processed 
BSS crab in each season between 1988 and 1997; and
    (2) Applicant invested a total expenditure in excess of $1,000,000 
for any processing facility, processing equipment, or a vessel for use 
in processing operations, including any improvements made to existing 
facilities from January 1, 1996, to June 10, 2002;
    (E) Indicate (YES or NO) whether applicant has entered into a 
Community Right of First Refusal (ROFR) contract consistent with 
paragraph (f)(3) of this section pertaining to the transfer of any PQS 
and/or IPQ subject to ROFR and issued as a result of this application.
    (F) Contract that the legal processing history and rights to apply 
for and receive PQS based on that legal processing history have been 
transferred or retained; and
    (G) Any other information deemed necessary by the Regional 
Administrator.
    (H) If applicant is applying to receive PQS for the WAG crab QS 
fishery, indicate (YES or NO) whether applicant owns a crab processing 
facility in the West region (see paragraph (b)(2) (iii) of this 
section).
    (vii) Applicant signature and certification. The applicant must sign 
and date the application certifying that all information is true, 
correct, and complete to the best of his/her knowledge and belief. If 
the application is completed by an authorized representative, then 
authorization must accompany the application.
    (3) Notice and contract provisions for community right of first 
refusal (ROFR) for initial issuance of PQS. (i) To be complete, an 
application for PQS from a person based on legal processing that 
occurred in an ECC, other than Adak, must also include an affidavit 
signed by the applicant stating that notice has been provided to the ECC 
of the applicant's intent to apply for PQS. If the ECC designates an 
entity to represent it in the exercise of ROFR under Sec. 680.41(l), 
then the application also must include an affidavit of completion of a 
contract for ROFR that includes the terms enacted under section 313(j)

[[Page 994]]

of the Magnuson-Stevens Act. The affidavit must be signed by the 
applicant for initial allocation of PQS and the ECC entity designated 
under Sec. 680.41(l)(2). A list of contract terms is available from the 
NMFS Alaska Region Web site at http://www.fakr.noaa.gov. A copy of these 
contract terms also will be made available by mail or facsimile by 
contacting the Regional Administrator at 907-586-7221.
    (ii) To be complete, an application for crab QS or PQS from a person 
based on legal processing that occurred in the GOA north of a line at 
56[deg]20[min] N. lat. must also include an affidavit signed by the 
applicant stating that notice has been provided to the City of Kodiak 
and Kodiak Island Borough of the applicant's intent to apply for PQS. If 
the City of Kodiak and Kodiak Island Borough designate an entity to 
represent it in the exercise of ROFR under Sec. 680.41(l), then the 
application also must include an affidavit of completion of a contract 
for ROFR that includes the terms enacted under the Consolidated 
Appropriations Act of 2004 (Pub. L. 108-199) and that is signed by the 
applicant for initial allocation of PQS and the ECC entity designated by 
the City of Kodiak and Kodiak Island Borough under Sec. 680.41(l)(2). A 
list of contract terms is available from the NMFS Alaska Region Web site 
at http://www.fakr.noaa.gov. A copy of these contract terms also will be 
made available by mail or facsimile by contacting the Regional 
Administrator at (907) 586-7221.
    (4) Application evaluation. The Regional Administrator will evaluate 
Applications for Crab QS or PQS submitted during the specified 
application period and compare all claims in an application with the 
information in the official crab rationalization record. Claims in an 
application that are consistent with information in the official crab 
rationalization record will be accepted by the Regional Administrator. 
Inconsistent claims in the Applications for Crab QS or PQS, unless 
verified by documentation, will not be accepted. An applicant who 
submits inconsistent claims, or an applicant who fails to submit the 
information specified in paragraph (f)(2) of this section, will be 
provided a single 30-day evidentiary period as provided in paragraph 
(f)(5) 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 crab 
rationalization record. An applicant who submits claims that are 
inconsistent with information in the official crab rationalization 
record has the burden of proving that the submitted claims are correct.
    (5) Additional information or evidence. The Regional Administrator 
will evaluate additional information or evidence to support an 
applicant's inconsistent claims submitted prior to or within the 30-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 crab rationalization record will be amended and 
the information will be used in determining whether the applicant is 
eligible for QS or PQS. 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 are correct, the applicant will be notified by an IAD, that 
the applicant did not meet the burden of proof to change the information 
in the official crab rationalization record.
    (6) 30-day evidentiary period. The Regional Administrator will 
specify by letter a single 30-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 crab 
rationalization 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 (b)(3)(iii) and (b)(3)(iv) of this section will 
have 30 days to provide that information. An applicant will be limited 
to

[[Page 995]]

one 30-day evidentiary period per application. Additional information or 
evidence, or a revised application, received after the 30-day 
evidentiary period specified in the letter has expired will not be 
considered for purposes of the IAD.
    (7) Right of First Refusal (ROFR) contract provisions. If an ECC 
designates an entity to represent it in the exercise of ROFR under Sec. 
680.41(l), then the Regional Administrator will not prepare an IAD on 
unverified claims or issue PQS until an affidavit is received from the 
applicant confirming the completion of a civil contract for ROFR as 
required under section 313(j) of the Magnuson-Stevens Act.
    (8) Initial administrative determinations (IAD). The Regional 
Administrator will prepare and send an IAD to the applicant following 
the expiration of the 30-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 crab 
rationalization 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 30-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 crab QS or PQS until after the final resolution of that appeal 
in the applicant's favor.
    (g) Annual allocation of IFQ. IFQ is assigned based on the 
underlying QS. The Regional Administrator shall assign crab IFQs to each 
person who holds QS and submits a complete annual application for crab 
IFQ/IPQ permit as described under Sec. 680.4. IFQ will be assigned to a 
crab QS fishery with the appropriate regional designation, QS sector, 
and IFQ class. This amount will represent the maximum amount of crab 
that may be harvested from the specified crab QS fishery by the person 
to whom it is assigned during the specified crab fishing year, unless 
the IFQ assignment is changed by the Regional Administrator because of 
an approved transfer, revoked, suspended, or modified under 15 CFR part 
904.
    (h) Calculation of annual IFQ allocation--(1) General. The annual 
allocation of IFQ to any person (p) in any crab QS fishery (f) will be 
based on the TAC of crab for that crab QS fishery less the allocation to 
the Western Alaska CDQ Program (``CDQ Reserve'') and Western Aleutian 
Islands golden king crab fishery. Expressed algebraically, the annual 
IFQ allocation formula is as follows:
    (i) IFQ TACf = TACf-(CDQ reservef + 
Allocation for the Western Aleutian Island golden king crab fishery)
    (ii) IFQpf = IFQ TACf x (QSpf/QS 
poolf).
    (2) Class A/B IFQ. (i) QS shall yield Class A or Class B IFQ if:
    (A) Initially assigned to the CVO QS sector; or
    (B) Transferred to the CVO QS sector from the CPO QS sector.
    (ii) The Class A/B IFQ TAC is the portion of the TAC assigned as 
Class A/B IFQ under paragraphs (h)(2)(i)(A) and (B) of this section.
    (3) Class A/B IFQ issuance ratio. (i) Class A and Class B IFQ shall 
be assigned on an annual basis such that the total amount of Class A and 
B IFQ assigned in a crab fishing year in each crab QS fishery for each 
region will be in a ratio of 90 percent Class A IFQ and 10 percent Class 
B IFQ.
    (ii) The Regional Administrator will determine the amount of Class A 
and Class B IFQ that is assigned to each QS holder. The Class A IFQ is 
calculated by allocating 90 percent of the Class A/B IFQ TAC (TAC a) to 
Class A IFQ. A portion of the IFQ TAC a is allocated to persons eligible 
to hold only Class A IFQ (TAC a only), the remaining IFQ TAC (TAC r) is 
allocated for harvest by a person (p) eligible to receive both Class A 
IFQ and Class B IFQ. Expressed algebraically, for an individual person 
(p) eligible to hold both Class A and Class B IFQ the annual allocation 
formula is as follows:
    (A) TACa = Class A/B IFQ TAC x 0.90

[[Page 996]]

    (B) TACr = TACa-TACa only
    (C) IFQap = TACr/(Class A/B IFQ TAC-
TACa only) x IFQp
    (D) IFQbp = IFQp-IFQap
    (4) Class A IFQ and Class B IFQ issuance to IPQ holders. If a person 
holds IPQ and IFQ, than that person will be issued Class A IFQ only for 
the amount of IFQ equal to the amount of IPQ held by that person. Any 
remaining IFQ held by that person will be issued as Class A and Class B 
IFQ in a ratio so that the total Class A and Class B IFQ issued in that 
crab QS fishery is issued as 90 percent Class A IFQ and 10 percent Class 
B IFQ;
    (5) Class A IFQ and Class B IFQ issuance to persons affiliated with 
IPQ holders. If an IPQ holder holds IPQ in excess of the amount of IFQ 
held by that person, all IFQ holders affiliated with that IPQ holder 
will receive only Class A IFQ in proportion to the amount of IFQ held by 
those affiliated persons relative to that amount of IPQ held by that IPQ 
holder. Any remaining IFQ held by persons affiliated with the IPQ holder 
will be issued as Class A and Class B IFQ in a ratio so that the total 
Class A and Class B IFQ issued in that fishery is issued as 90 percent 
Class A IFQ and 10 percent Class B IFQ.
    (6) CVC IFQ. (i) QS that is initially allocated to the CVC QS sector 
shall yield CVC IFQ.
    (ii) CVC IFQ is not subject to regional designation.
    (7) CPO IFQ. (i) QS that is initially allocated to the CPO QS sector 
shall yield CPO IFQ.
    (ii) CPO IFQ is not subject to regional designation.
    (8) CPC IFQ. (i) QS that is initially allocated to the CPC QS sector 
shall yield CPC IFQ.
    (ii) CPC IFQ is not subject to regional designation.
    (9) QS amounts for IFQ calculation. For purposes of calculating IFQ 
for any crab fishing year, the amount of a person's QS and the amount of 
the QS pool for any crab QS fishery will be the amounts on record with 
the Alaska Region, NMFS, at the time of calculation.
    (10) Class A IFQ. (i)The amount of Class A IFQ issued in excess of 
the IPQ issuance limits for the BSS or BBR crab QS fisheries, as 
described in paragraph (j)(3) of this section, will be issued to all 
Class A IFQ recipients on a pro rata basis in proportion to the amount 
of Class A IFQ held by each person.
    (ii) Any amount of Class A IFQ that is issued in excess of the IPQ 
issuance limits for the BSS or BBR crab QS fisheries, as described in 
paragraph (j)(3) of this section, is not required to be delivered to an 
RCR with unused IPQ.
    (i) Annual allocation of IPQ. IPQ is assigned based on the 
underlying PQS. The Regional Administrator shall assign crab IPQs to 
each person who submits a complete annual application for crab IFQ/IPQ 
permit as described under Sec. 680.4. Each assigned IPQ will be 
specific to a crab QS fishery with the appropriate regional designation. 
This amount will represent the maximum amount of crab that may be 
received from the specified crab QS fishery by the person to whom it is 
assigned during the specified crab fishing year, unless the IPQ 
assignment is changed by the Regional Administrator because of an 
approved transfer, revoked, suspended, or modified under 15 CFR part 
904.
    (j) Calculation of annual IPQ allocation--(1) General. The annual 
allocation of TAC to PQS and the resulting IPQ in any crab QS fishery 
(f) is the Class A IFQ TAC (TACa). A person's annual IPQ is 
based on the amount of PQS held by a person (PQS p) divided by the PQS 
pool for that crab QS fishery for all PQS holders (PQS pool f). 
Expressed algebraically, the annual IPQ allocation formula is as 
follows:

IPQpf = TACaf x PQSpf/PQS 
    poolf.

    (2) PQS amounts for IPQ calculation. For purposes of calculating 
IPQs for any crab fishing year, the amount of a person's PQS and the 
amount of the PQS pool for any crab PQS fishery will be the amounts on 
record with the Alaska Region, NMFS, at the time of calculation.
    (3) IPQ issuance limits. The amount of IPQ issued in any crab 
fishing year shall not exceed:
    (i) 157,500,000 raw crab pounds (71,441.5 mt) in the BSS crab QS 
fishery; and
    (ii) 18,000,000 raw crab pounds (8,164.7 mt) in the BBR crab QS 
fishery.
    (4) IPQ issued to Blue Dutch, LLC--(i) BBR IPQ. For each crab 
fishing year

[[Page 997]]

that the total allowable catch for BBR CR crab is greater than 
15,732,480 lb (7,136.2 mt), NMFS will issue IPQ for the 3,015,229 units 
of PQS issued to Blue Dutch, LLC, pursuant to Public Law 109-241.
    (ii) BSS IPQ. For each crab fishing year that the total allowable 
catch for BSS CR crab is greater than 21,350,640 lb (9,684.6 mt), NMFS 
will issue IPQ for the 7,516,253 units of PQS issued to Blue Dutch, LLC, 
pursuant to Public Law 109-241.
    (k) Timing for issuance of IFQ or IPQ. IFQ and IPQ will be issued 
once the TAC for that crab QS fishery in that crab fishing year has been 
specified by the State of Alaska. All IFQ and IPQ for all persons will 
be issued once for a crab fishing year for a crab QS fishery. QS issued 
after NMFS has issued annual IFQ for a crab QS fishery for a crab 
fishing year will not result in IFQ for that crab QS fishery for that 
crab fishing year.
    (l) Harvesting and processing privilege. QS and PQS 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 
QS, PQS, or permits represent only a harvesting or processing privilege 
that may be revoked or amended pursuant to the Magnuson-Stevens Act and 
other applicable law. IPQs do not create a right, title, or interest in 
any crab until that crab is purchased from a fisherman.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 
FR 75421, Dec. 20, 2005; 71 FR 32864, June 7, 2006; 73 FR 29983, May 23, 
2008; 73 FR 30320, May 27, 2008; 73 FR 35088, June 20, 2008; 73 FR 
76190, Dec. 15, 2008; 74 FR 51520, Oct. 7, 2009]



Sec. 680.41  Transfer of QS, PQS, IFQ and IPQ.

    (a) General. (1) Transfer of crab QS, PQS, IFQ, or IPQ means any 
transaction, approved by NMFS, requiring QS or PQS, or the use thereof 
in the form of IFQ or IPQ, to pass from one person to another, 
permanently or for a fixed period of time, except that:
    (2) A crab IFQ hired master permit issued by NMFS, as described in 
Sec. 680.4, is not a transfer of crab QS or IFQ; and
    (3) The use of IFQ assigned to a crab harvesting cooperative and 
used within that cooperative is not a transfer of IFQ.
    (b) Transfer applications--(1) Application. An application is 
required to transfer any amount of QS, PQS, IFQ, or IPQ. A transfer 
application will not be approved until the necessary eligibility 
application has been submitted and approved by NMFS in accordance with 
paragraph (c) of this section. The Regional Administrator will not 
approve any transfers of QS, PQS, IFQ, or IPQ in any crab QS fishery 
from August 1 until the date of the issuance of IFQ or IPQ for that crab 
QS fishery.
    (2) Notification of application approval or disapproval. Persons 
submitting any application for approval under Sec. 680.41 will receive 
notification of the Regional Administrator's decision to approve or 
disapprove the application, and if applicable, the reason(s) for 
disapproval.
    (3) Reasons for disapproval. Reasons for disapproval of an 
application include, but are not limited to:
    (i) Lack of U.S. citizenship, where U.S. citizenship is required;
    (ii) Failure to meet minimum requirements for sea time as a member 
of a harvesting crew;
    (iii) An incomplete application, including fees and an EDR, if 
required;
    (iv) An untimely application; or
    (v) Fines, civil penalties, or other payments due and owing, or 
outstanding permit sanctions resulting from Federal fishery violations.
    (4) QS, PQS, IFQ, or IPQ accounts. (i) QS, PQS, IFQ, or IPQ accounts 
affected by a transfer approved by the Regional Administrator will 
change on the date of approval.
    (ii) For non-electronic submittals, any necessary IFQ or IPQ permits 
will be sent with the notification of approval if the receiver of the 
IFQ or IPQ permit has completed an annual application for crab IFQ or 
IPQ permit for the current fishing year as required under Sec. 680.4.
    (iii) For electronic submittals, the parties to the transfer would 
access and print approvals and permits online.
    (5) Submittal. Submit applications and other documents to NMFS as 
instructed on the application. Forms are

[[Page 998]]

available on the NMFS Alaska Region website at http://
alaskafisheries.noaa.gov, or by contacting NMFS at: 800-304-4846, Option 
2.
    (c) Eligibility to receive QS, PQS, IFQ, or IPQ by transfer. 
Persons, other than persons initially issued QS or PQS, must establish 
eligibility to receive QS, PQS, IFQ, or IPQ by transfer.
    (1) To be eligible to receive QS, PQS, IFQ, or IPQ by transfer, a 
person must first meet the requirements specified in the following 
table:

------------------------------------------------------------------------
                                                          Eligibility
           Quota type               Eligible person      requirements
------------------------------------------------------------------------
(i) PQS not issued under Sec. Any person........  None.
 680.40(e)(3)(i).
(ii) IPQ........................  Any person........  None.
(iii) CVO or CPO QS.............  (A) A person        No other
                                   initially issued    eligibility
                                   QS.                 requirements.
                                  (B) An individual.  who is a U.S.
                                                       citizen with at
                                                       least 150 days of
                                                       sea time as part
                                                       of a harvesting
                                                       crew in any U.S.
                                                       commercial
                                                       fishery.
                                  (C) A corporation,  with at least one
                                   partnership, or     individual member
                                   other entity.       who is a U.S.
                                                       citizen and who:
                                                      (1) owns at least
                                                       20 percent of the
                                                       corporation,
                                                       partnership, or
                                                       other entity; and
                                                      (2) has at least
                                                       150 days of sea
                                                       time as part of a
                                                       harvesting crew
                                                       in any U.S.
                                                       commercial
                                                       fishery.
                                  (D) An ECCO.......  that meets the
                                                       eligibility
                                                       requirements
                                                       described under
                                                       paragraph (j) of
                                                       this section.
                                  (E) A CDQ group...  No other
                                                       eligibility
                                                       requirements.
(iv) Converted CPO QS...........  N/A...............  Converted CPO QS
                                                       may not be
                                                       transferred.
(v) CPO IFQ derived from          N/A...............  CPO IFQ derived
 Converted CPO QS.                                     from Converted
                                                       CPO may not be
                                                       transferred.
(vi) CVO or CPO IFQ.............  All eligible        according to the
                                   persons for CVO     requirements in
                                   or CPO QS.          paragraph
                                                       (c)(1)(iii) of
                                                       this section.
(vii) CVC or CPC QS.............  An individual.....  who is a U.S.
                                                       citizen with:
                                                      (A) at least 150
                                                       days of sea time
                                                       as part of a
                                                       harvesting crew
                                                       in any U.S.
                                                       commercial
                                                       fishery; and
                                                      (B) recent
                                                       participation in
                                                       a CR crab fishery
                                                       in the 365 days
                                                       prior to
                                                       submission of the
                                                       application for
                                                       eligibility.
(viii) CVC or CPC IFQ...........  All eligible        according to the
                                   persons for CVC     requirements in
                                   or CPC QS.          paragraph
                                                       (c)(1)(v) of this
                                                       section.
------------------------------------------------------------------------

    (2) Application for eligibility to receive QS/IFQ and PQS/IPQ by 
transfer. (i) This application is required to establish a person's 
eligibility to receive QS, PQS, IFQ, or IPQ by transfer, if the person 
is not an ECCO. See paragraph (j) of this section for eligibility to 
transfer of QS/IFQ to or from an ECCO. The Regional Administrator shall 
provide an application to any person on request or on the Internet at 
http://www.fakr.noaa.gov/.
    (ii) Contents. A complete Application for Eligibility to Receive QS/
IFQ or PQS/IPQ by Transfer must include the following:
    (A) Type of QS, IFQ, PQS, or IPQ for which the applicant is seeking 
eligibility. Indicate type of QS, IFQ, PQS, IPQ for which applicant is 
seeking eligibility.
    (1) If seeking CVO or CPO QS/IFQ, complete paragraphs (c)(2)(ii)(B), 
(c)(2)(ii)(D) if applicable, (c)(2)(ii)(E), and (c)(2)(ii)(F) of this 
section;
    (2) If seeking CVC or CPC QS/IFQ, complete paragraphs (c)(2)(ii)(B), 
(c)(2)(ii)(C), (c)(2)(ii)(E), and (c)(2)(ii)(F) of this section;
    (3) If seeking PQS/IPQ, complete paragraphs (c)(2)(ii)(B) and 
(c)(2)(ii)(F) of this section;
    (B) Applicant information. (1) Enter applicant's name and NMFS 
Person ID, applicant's date of birth or, if not an individual, date of 
incorporation; applicant's social security number or tax ID

[[Page 999]]

number; applicant's permanent business mailing address and any temporary 
business mailing address the applicant wishes to use, and the 
applicant's business telephone number, business facsimile number, and e-
mail address (if available).
    (2) Indicate (YES or NO) whether the applicant is a U.S. citizen or 
U.S. corporation, partnership or other business entity. Applicants for 
CVO, CPO, CVC or CPC QS (and associated IFQ) must be U.S. Citizens or 
U.S. Corporations, Partnerships or Other Business Entity. Applicants for 
PQS (and associated IPQ) are not required to be U.S. Citizens.
    (C) Eligibility for CVC or CPC QS/IFQ. Indicate (YES or NO) whether 
this application is intended for a person who wishes to buy CVC or CPC 
QS/IFQ. If YES, provide evidence of at least one delivery of a crab 
species in any CR crab fishery in the 365 days prior to submission of 
this application. Acceptable evidence of such delivery shall be limited 
to an ADF&G fish ticket imprinted with applicant's State of Alaska 
permit card and signed by the applicant, an affidavit from the vessel 
owner, or a signed receipt for an IFQ crab landing on which applicant 
was acting as the permit holder's crab IFQ hired master.
    (D) U.S. Corporations, partnerships, or business entities. (1) 
Indicate (YES or NO) whether this application is submitted by a CDQ 
Group. If YES, complete paragraph (c)(2)(ii)(F) of this section;
    (2) Indicate (YES or NO) whether this application is submitted on 
behalf of a corporation, partnership or other business entity (not 
including CDQ groups). If YES: At least one member of the corporation, 
partnership or other business entity must submit documentation showing 
at least 20 percent interest in the corporation, partnership, or other 
entity and must provide evidence of at least 150 days as part of a 
harvesting crew in any U.S. commercial fishery. Identify the individual 
member and provide this individual's commercial fishing experience, 
name, NMFS person ID, and social security number, and business mailing 
address, business telephone number, and business facsimile number.
    (E) Commercial fishing experience. (1) Species; enter any targeted 
species in a U.S. commercial fishery;
    (2) Gear Type; enter any gear type used to legally harvest in a U.S. 
commercial fishery;
    (3) Location; enter actual regulatory, statistical, or geographic 
harvesting location;
    (4) Starting date and ending date of claimed fishing period (MMYY);
    (5) Number of actual days spent harvesting;
    (6) Duties performed while directly involved in the harvesting of 
(be specific):
    (7) Name and ADF&G vessel registration number or USCG documentation 
number of the vessel upon which above duties were performed;
    (8) Name of vessel owner;
    (9) Name of vessel operator;
    (10) Reference name. Enter the name of a person (other than 
applicant) who is able to verify the above experience;
    (11) Reference's relationship to applicant;
    (12) Reference's business mailing address and telephone number.
    (F) Applicant certification. (1) Printed name and signature of 
applicant and date signed;
    (2) Notary Public signature, date commission expires, and notary 
stamp or seal.
    (G) Verification that the applicant applying for eligibility to 
receive crab QS/IFQ or PQS/IPQ by transfer has submitted an EDR, if 
required to do so under Sec. 680.6;
    (H) A non-profit entity seeking approval to receive crab QS or IFQ 
by transfer on behalf of a ECC must first complete an Application to 
Become an ECCO under paragraph (j) of this section.
    (d) Transfer of CVO, CPO, CVC, CPC QS or PQS--(1) General. PQS or QS 
may be transferred, with approval of the Regional Administrator, to 
persons qualified to receive PQS or QS by transfer. However, the 
Regional Administrator will not approve a transfer of any type of PQS or 
QS that would cause a person to exceed the maximum amount of PQS or QS 
allowable under the use limits provided for in Sec. 680.42, except as 
provided for under paragraph (f) of this section.

[[Page 1000]]

    (2) CVO QS. CVO QS may be transferred to any person eligible to 
receive CVO or CPO QS as defined under paragraph (c) of this section.
    (3) CPO QS. Persons holding CPO QS may transfer CPO QS as CVO QS and 
PQS to eligible recipients under the following provisions:
    (i) Each unit of CPO QS shall yield 1 unit of CVO QS, and 0.9 units 
of PQS; and
    (ii) The CVO QS and PQS derived from the transfer of CPO QS may be 
transferred separately, except that these shares must receive the same 
regional designation. The regional designation shall be determined at 
the time of transfer by the person receiving the CVO QS.
    (4) CVC or CPC QS. CVC or CPC QS may be transferred to any person 
eligible to receive CVC or CPC QS as defined under paragraph (c) of this 
section. CVC and CPC QS may only be used in the sector for which it is 
originally designated.
    (e) Transfer of IFQ or IPQ by Lease--(1) IFQ derived from CVO or CPO 
QS. IFQ derived from CVO or CPO QS may be transferred by lease until 
June 30, 2010. IFQ derived from CVO or CPO QS must be leased:
    (i) If the IFQ will be used on a vessel on which the QS holder has 
less than a 10 percent ownership interest; or
    (ii) If the IFQ will be used on a vessel on which the QS holder or 
the holder of a crab IFQ hired master permit, under Sec. 680.4, is not 
present.
    (2) Ownership of a vessel, for the purposes of this section, means:
    (i) A sole proprietor; or
    (ii) A relationship between 2 or more entities in which one directly 
or indirectly owns a 10 percent or greater interest in a vessel.
    (3) IFQ derived from CVC QS or CPC QS. (i) IFQ derived from CVC or 
CPC QS may be transferred by lease only until June 30, 2008, unless the 
IFQ permit holder demonstrates a hardship.
    (ii) In the event of a hardship, as described at paragraph 
(e)(2)(iii) in this section, a holder of CVC or CPC QS may lease the IFQ 
derived from this QS for the term of the hardship. However, the holder 
of CVC or CPC QS may not lease the IFQ under this provision for more 
than 2 crab fishing years total in any 10 crab fishing year period. Such 
transfers are valid only during the crab fishing year for which the IFQ 
permit is issued and the QS holder must re-apply for any subsequent 
transfers.
    (iii) NMFS will not approve transfers of IFQ under this provision 
unless the QS holder can demonstrate a hardship by an inability to 
participate in the crab QS fisheries because:
    (A) Of a medical condition of the QS holder. The QS holder is 
required to provide documentation of the medical condition from a 
licensed medical doctor who verifies that the QS holder cannot 
participate in the fishery because of the medical condition.
    (B) Of a medical condition involving an individual who requires the 
QS holder's care. The QS holder is required to provide documentation of 
the individual's medical condition from a licensed medical doctor. The 
QS holder must verify that he or she provides care for that individual 
and that the QS holder cannot participate in the fishery because of the 
medical condition of that individual.
    (C) Of the total or constructive physical loss of a vessel. The QS 
holder must provide evidence that the vessel was lost and could not be 
replaced in time to participate in the fishery for which the person is 
claiming a hardship.
    (4) IPQ derived from PQS. IPQ derived from PQS may be leased.
    (f) Transfer of QS, PQS, IFQ or IPQ with restrictions. If QS, PQS, 
IFQ or IPQ 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, PQS, IFQ or IPQ by transfer does not meet the eligibility 
requirements of this section, the Regional Administrator will approve, 
with restrictions, an Application for transfer of crab QS/IFQ or PQS/
IPQ. The Regional Administrator will not assign IFQ or IPQ resulting 
from the restricted QS or PQS to any person. IFQ or IPQ with 
restrictions may not be used for harvesting or processing species 
covered under the CR program. The QS, PQS, IFQ or IPQ will remain 
restricted until:
    (1) The person who received the QS, PQS, IFQ or IPQ with 
restrictions meets the eligibility requirements of

[[Page 1001]]

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, PQS, IFQ or IPQ with restrictions 
to a person who meets the eligibility requirements of this section.
    (g) Survivorship transfer privileges. (1) On the death of an 
individual who holds QS or PQS, the surviving spouse or, in the absence 
of a surviving spouse, a beneficiary designated pursuant to paragraph 
(g)(3) of this section, receives all QS, PQS and IFQ or IPQ 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) A QS or PQS holder may provide the Regional Administrator with 
the name of the designated beneficiary from the QS or PQS holder's 
immediate family to receive survivorship transfer privileges in the 
event of the QS or PQS holders death and in the absence of a surviving 
spouse.
    (3) The Regional Administrator will approve, for 3 calendar years 
following the date of the death of an individual, an Application for 
transfer of crab QS/IFQ or PQS/IPQ from the surviving spouse or, in the 
absence of a surviving spouse, a beneficiary from the QS or PQS holder's 
immediate family designated pursuant to this section, to a person 
eligible to receive IFQ or IPQ under the provisions of this section, 
notwithstanding the limitations on transfers of IFQ and IPQ in this 
section and the use limitations under Sec. 680.42.
    (h) Applications for transfer--(1) Application for transfer of crab 
IFQ. NMFS will process a request for transfer of crab individual fishing 
quota (IFQ) provided that a paper application is completed, with all 
information fields accurately filled in, and all required additional 
documentation is attached. The transferor's and the transferee's 
designated representatives must sign and date the application certifying 
that all information is true, correct, and complete. The transferor's 
designated representative must submit the paper application as indicated 
on the application.
    (2) Application for transfer of crab IPQ--(i) Completed application. 
NMFS will process a request for transfer of crab individual processor 
quota (IPQ) provided that a paper or electronic request form is 
completed, with all information fields accurately filled in, and all 
required additional documentation is attached.
    (ii) Certification of transferor--(A) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (B) Electronic submittal. The transferor's designated representative 
must log into the system and create a transfer request as indicated on 
the computer screen. By using the transferor's NMFS ID, password, and 
Transfer Key and submitting the transfer request, the designated 
representative certifies that all information is true, correct, and 
complete.
    (iii) Certification of transferee--(A) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (B) Electronic submittal. The transferee's designated representative 
must log into the system and accept the transfer request as indicated on 
the computer screen. By using the transferee's NMFS ID, password and 
Transfer Key and submitting the transfer request, the designated 
representative certifies that all information is true, correct, and 
complete.
    (3) Application for transfer of crab QS or PQS. NMFS will process a 
request for transfer of crab quota share (QS) or crab processor quota 
share (PQS) provided that a paper request form is completed and 
notarized, with all information fields accurately filled in, and all 
required additional documentation is attached. The transferor's and the 
transferee's designated representatives

[[Page 1002]]

must sign and date the application certifying that all information is 
true, correct, and complete.
    (i) Approval criteria for an Application for transfer of crab QS/IFQ 
or PQS/IPQ. Except as provided in paragraph (f) of this section, an 
application for transfer of QS/IFQ or PQS/IPQ will not be approved until 
the Regional Administrator has determined that:
    (1) The person applying to receive the QS, PQS, IFQ or IPQ meets the 
requirements of eligibility in paragraph (c) of this section;
    (2) The person applying for transfer and the person applying to 
receive QS or IFQ/IPQ have their original notarized signatures on the 
application;
    (3) No fines, civil penalties, or other payments due and owing, or 
outstanding permit sanctions, resulting from Federal fishery violations 
involving either party exist;
    (4) The person applying to receive QS, PQS, IFQ or IPQ currently 
exists;
    (5) The transfer would not cause the person applying to receive the 
QS, PQS, IFQ or IPQ to exceed the use limits in Sec. 680.42;
    (6) The person applying to make or receive the QS, PQS, IFQ or IPQ 
transfer has paid all IFQ or IPQ fees described under Sec. 680.44; or 
has timely appealed the IAD of underpayment as described under Sec. 
680.44;
    (7) The person applying to make or receive the QS, PQS, IFQ or IPQ 
transfer has submitted an EDR, if required to do so under Sec. 680.6;
    (8) In the case of an application for transfer of PQS or IPQ for use 
outside an ECC that has designated an entity to represent it in exercise 
of ROFR under paragraph (l), the Regional Administrator will not act 
upon the application for a period of 10 days. At the end of that time 
period, the application will be approved pending meeting the criteria 
set forth in this paragraph (i).
    (9) In the case of an application for transfer of PQS for use within 
an ECC that has designated an entity to represent it in exercise of ROFR 
under paragraph (l), The Regional Administrator will not approve the 
application unless either the ECC entity provides an affidavit to the 
Regional Administrator that the ECC wishes to permanently waive ROFR for 
the PQS or the proposed recipient of the PQS provides an affidavit 
affirming the completion of a contract for ROFR that includes the terms 
enacted under section 313(j) of the Magnuson-Stevens Act and referenced 
under Sec. 680.40(f)(3).
    (10) Other pertinent information requested on the application for 
transfer has been supplied to the satisfaction of the Regional 
Administrator.
    (j) Transfer of crab QS/IFQ to or from and ECCO--(1) Designation of 
an ECCO. (i) The appropriate governing body of each ECC may designate a 
non-profit organization to serve as the ECCO for that ECC. To transfer 
and hold QS on the behalf of that ECC, this designation must be 
submitted by the non-profit organization in its Application to Become an 
ECCO.
    (ii) If the non-profit entity is approved by NMFS to serve as the 
ECCO, then the appropriate governing body of the ECC must authorize the 
transfer of any QS from the ECCO.
    (iii) The appropriate governing body for purposes of designating a 
non-profit organization for the Application to Become an ECCO, or 
acknowledging the transfer of any QS from an ECCO in each ECC is as 
follows:
    (A) If the ECC is also a community eligible to participate in the 
Western Alaska CDQ Program, then the CDQ group is the appropriate 
governing body;
    (B) If the ECC is not a CDQ community and is incorporated as a 
municipality and is not within an incorporated borough, then the 
municipal government is the appropriate governing body;
    (C) If the ECC is not a CDQ community and is incorporated as a 
municipality and also within an incorporated borough, then the 
municipality and borough jointly serve as the appropriate governing body 
and both must agree to designate the same non-profit organization to 
serve as the ECCO or acknowledge the transfer of QS from the ECCO; and
    (D) If the ECC is not a CDQ community and is not incorporated as a 
municipality and is in a borough, then the borough in which the ECC is 
located is the appropriate governing body.
    (iv) The appropriate governing body in each ECC may designate only 
one

[[Page 1003]]

non-profit organization to serve as the ECCO for that community at any 
one time.
    (2) Application to become an ECCO. Prior to initially receiving QS 
or IFQ by transfer on behalf of a specific ECC, a non-profit 
organization that intends to represent that ECC as a ECCO must submit an 
application to become an ECCO and have that application approved by the 
Regional Administrator. The Regional Administrator shall provide an 
application to become an ECCO to any person on request or on the 
Internet at http://www.fakr.noaa.gov/.
    (i) Contents of application--(A) Applicant identification. (1) Enter 
the name of the non-profit organization, taxpayer ID number, and NMFS 
Person ID, applicant's permanent business mailing address and any 
temporary business mailing address the applicant wishes to use, and the 
name of contact person, business telephone number, business facsimile 
number, and e-mail address (if available);
    (2) Name of community or communities represented by the non-profit 
organization; and
    (3) Name of contact person for the governing body of each community 
represented.
    (B) Required attachments to the application. (1) The articles of 
incorporation under the laws of the State of Alaska for that non-profit 
organization;
    (2) A statement indicating the ECC(s) represented by that non-profit 
organization for purposes of holding QS;
    (3) The bylaws of the non-profit organization;
    (4) A list of key personnel of the management organization 
including, but not limited to, the board of directors, officers, 
representatives, and any managers;
    (5) Additional contact information of the managing personnel for the 
non-profit organization and resumes of management personnel;
    (6) A description of how the non-profit organization is qualified to 
manage QS on behalf of the ECC it is designated to represent, and a 
demonstration that the non-profit organization has the management skills 
and technical expertise to manage QS and IFQ; and
    (7) A statement describing the procedures that will be used to 
determine the distribution of IFQ to residents of the ECC represented by 
that non-profit organization, including procedures used to solicit 
requests from residents to lease IFQ and criteria used to determine the 
distribution of IFQ leases among qualified community residents and the 
relative weighting of those criteria.
    (C) Applicant certification. (1) Printed name of applicant or 
authorized agent, notarized signature, and date signed. If authorized 
agent, proof of authorization to act on behalf of the applicant must be 
provided with the application.
    (2) Notary Public signature and date when commission expires, and 
notary seal or stamp.
    (ii) [Reserved]
    (k) Application for transfer of crab QS/IFQ to or from an ECCO. (1) 
An application for transfer of crab QS/IFQ to or from an ECCO must be 
approved by the Regional Administrator before the transferee may use the 
IFQ to harvest crab QS species.
    (2) An application for transfer of crab QS/IFQ to or from an ECCO 
will not be approved until the Regional Administrator has reviewed and 
approved the transfer agreement signed by the parties to the 
transaction. Persons who submit an application for transfer of crab QS/
IFQ to or from an ECCO for approval will receive notification of the 
Regional Administrator's decision to approve or disapprove the 
application, and if applicable, the reason(s) for disapproval, by mail, 
unless another communication mode is requested on the application.
    (3) Contents. A complete application for transfer of crab QS/IFQ to 
or from an ECCO includes the following:
    (i) General requirements. (A) This form may only be used if an ECCO 
is the proposed transferor or the proposed transferee of the QS or IFQ.
    (B) The party to whom an ECCO is seeking to transfer the QS/IFQ must 
be eligible to receive QS/IFQ by transfer.
    (C) If the ECCO is applying to permanently transfer QS, a 
representative of the community on whose behalf the QS is held must sign 
the application.

[[Page 1004]]

    (D) If authorized representative represents either the transferor or 
transferee, proof of authorization to act on behalf of transferor or 
transferee must be attached to the application.
    (ii) Transferor information. Enter the transferor's (person 
currently holding the QS or IFQ) name, NMFS Person ID, social security 
number or Tax ID, permanent business mailing address, business 
telephone, business facsimile, and business e-mail address. If 
transferor is an ECCO, enter the name of ECC represented by the ECCO. 
The transferor may also provide a temporary address for each transaction 
in addition to the permanent business mailing address.
    (iii) Transferee information. Enter the transferee's (person 
receiving QS or IFQ by transfer) name, NMFS Person ID, social security 
number or Tax ID, permanent business mailing address, business 
telephone, business facsimile, and business e-mail. If transferee is an 
ECCO, name of the community (ECC) represented by the ECCO. The 
transferee may also provide a temporary address for each transaction in 
addition to the permanent business mailing address.
    (iv) Identification of QS/IFQ to be transferred. Complete the 
following information if QS and IFQ are to be transferred together or if 
transferring only QS:
    (A) QS species;
    (B) QS type;
    (C) Number of QS or IFQ units to be transferred;
    (D) Total QS units;
    (E) Number of IFQ pounds;
    (F) Range of serial numbers to be transferred (shown on QS 
certificate) numbered to and from;
    (G) Name of community to which QS are currently assigned; and
    (H) Indicate (YES or NO) whether remaining IFQ pounds for the 
current fishing year should be transferred; if NO, specify the number of 
pounds to be transferred.
    (v) Transfer of IFQ only. (A) IFQ permit number and year of permit, 
and
    (B) Actual number of IFQ pounds to be transferred.
    (vi) Transferor Information, if an ECCO. Reason(s) for transfer:
    (A) ECCO management and administration;
    (B) Fund additional QS purchase;
    (C) Participation by community residents;
    (D) Dissolution of ECCO; and
    (E) Other (specify).
    (vii) Price paid for QS, PQS, and/or IFQ, IPQ (Transferor). The 
transferor must provide the following information:
    (A) Whether (YES or NO) a broker was used for this transaction; If 
YES, provide dollar amount paid in brokerage fees or percentage of total 
price;
    (B) Provide the total amount paid for the QS/IFQ in this 
transaction, including all fees;
    (C) Provide the price per unit of QS (price divided by QS units) and 
the price per pound (price divided by IFQ) of IFQ; and
    (D) Indicate all reasons that apply for transferring the QS/IFQ.
    (viii) Price paid for QS, PQS, and/or IFQ, IPQ (Transferee). The 
transferee must provide the following information:
    (A) Indicate (YES or NO) whether QS/IFQ purchase will have a lien 
attached; if YES, provide the name of lien holder;
    (B) Indicate one primary source of financing for this transfer;
    (C) Indicate the sources used to locate the QS or IFQ being 
transferred;
    (D) Indicate the relationship, if any, between the transferor and 
the transferee;
    (E) Indicate (YES or NO) whether an agreement exists to return the 
QS or IFQ to the transferor or any other person, or with a condition 
placed on resale; If YES, explain; and
    (F) Attach a copy of the terms of agreement for the transfer, the 
bill of sale for QS, or lease agreement for IFQ.
    (ix) Notary information--(A) Certification of transferor. (1) 
Printed name and signature of transferor or authorized agent and date 
signed. If authorized agent, proof of authorization to act on behalf of 
the transferor must be provided with the application.
    (2) Notary Public signature, date commission expires, and notary 
stamp or seal.
    (B) Certification of transferee. (1) Printed name and signature of 
transferor or authorized agent and date signed. If authorized agent, 
proof of authorization to act on behalf of the

[[Page 1005]]

transferee must be provided with the application.
    (2) Notary Public signature, date commission expires, and notary 
stamp or seal.
    (C) Certification of authorized representative of community. (1) 
Printed name, title and signature of authorized community 
representative, date signed, and printed name of community.
    (2) Notary Public signature, date commission expires, and notary 
stamp or seal;
    (4) Attachments to the application and other conditions to be met. 
(i) Indicate whether the person applying to make or receive the QS, PQS, 
IFQ or IPQ transfer has submitted an EDR, if required to do so under 
Sec. 680.6, and paid all fees, as required by Sec. 680.44.
    (ii) A copy of the terms of agreement for the transfer, the bill of 
sale for QS or PQS, or lease agreement for IFQ or IPQ.
    (iii) An affirmation that the individual receiving IFQ from an ECCO 
has been a permanent resident in the ECC for a period of 12 months prior 
to the submission of the Application for Transfer QS/IFQ to or from an 
ECCO on whose behalf the ECCO holds QS.
    (5) Approval criteria for an application for transfer of crab QS/IFQ 
to or from an ECCO. In addition to the criteria required for approval 
under paragraph (i) of this section, the following criteria are also 
required:
    (i) The ECCO applying to receive or transfer crab QS has submitted a 
complete annual report(s) required by Sec. 680.5;
    (ii) The ECCO applying to transfer crab QS has provided information 
on the reasons for the transfer as described in paragraph (e) of this 
section; and
    (iii) An individual applying to receive IFQ from an ECCO is a 
permanent resident of the ECC in whose name the ECCO is holding QS.
    (l) Eligible crab community right of first refusal (ROFR)--(1) 
Applicability--(i) Exempt Fisheries. PQS and IPQ issued for the EBT, 
WBT, WAG, or WAI crab QS fisheries are exempt from ROFR provisions.
    (ii) Eligible Crab Communities (ECCs). The ROFR extends to the ECCs, 
other than Adak, and their associated governing bodies. The ROFR may be 
exercised by the ECC entity representing that ECC.
    (2) Community representation--(i) CDQ Communities. ECC entity for 
purposes of exercise of ROFR for any ECC that is also a CDQ community 
shall be the CDQ group to which the ECC is a member.
    (ii) Non-CDQ communities. (A) Any ECC, other than Adak, that is a 
non-CDQ community may designate an ECC entity that will represent the 
community in the exercise of ROFR at least 30 days prior to the ending 
date for the initial application period for the crab QS program 
specified in the Federal Register.
    (B) The ECC entity eligible to exercise the right of first refusal 
on behalf of an ECC will be identified by the governing body(s) of the 
ECC. If the ECC is incorporated under the laws of the State of Alaska, 
and not within an incorporated borough, then the municipality is the 
governing body; if the ECC is incorporated and within an incorporated 
borough, then the municipality and borough are the governing bodies and 
must agree to designate the same ECC entity; if the ECC is not 
incorporated and in an incorporated borough, then the borough is the 
governing body.
    (C) Each ECC may designate only one ECC entity to represent that 
community in the exercise of ROFR at any one time through a statement of 
support from the governing body of the ECC. That statement of support 
identifying the ECC entity must be submitted to the Regional 
Administrator, NMFS, Post Office Box 21668, Juneau, Alaska 99802, at 
least 30 days prior to the ending date of the initial application period 
for the crab QS program under Sec. 680.40.
    (D) The ECC ROFR is not assignable by the ECC entity.
    (3) Restrictions on transfer of PQS or IPQ out of North Gulf of 
Alaska communities--(i) Applicability. Any community in the Gulf of 
Alaska north of a line at 56[deg]20[min] N. lat.
    (ii) Notification of PQS or IPQ transfer. A PQS holder submitting an 
application to transfer PQS or IPQ for use in processing outside any 
community

[[Page 1006]]

identified under paragraph (l)(3)(i) must notify the ECC entity 
designated by the City of Kodiak and Kodiak Island Borough under 
paragraph (l)(2) of this section 10 days prior to the intended transfer 
of PQS or IPQ for use outside the community. At the end of that time 
period, the application will be approved pending meeting the criteria 
set forth in paragraph (i) of this section.

[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 32864, June 7, 2006; 73 
FR 29983, May 23, 2008; 74 FR 51520, Oct. 7, 2009]



Sec. 680.42  Limitations on use of QS, PQS, IFQ, and IPQ.

    (a) QS and IFQ use caps--(1) General. Separate and distinct QS and 
IFQ use caps apply to all QS and IFQ categories pertaining to a given 
crab QS fishery with the following provisions:
    (i) A person who receives an initial allocation of QS that exceeds 
the use cap listed in paragraph (a)(2) of this section may not receive 
QS by transfer unless and until that person's holdings are reduced to an 
amount below the use cap.
    (ii) A person will not be issued QS in excess of the use cap 
established in this section based on QS derived from landings attributed 
to an LLP license obtained via transfer after June 10, 2002 unless;
    (A) The person applies to receive QS based on an LLP transferred 
after June 10, 2002 but prior to November 24, 2004, and
    (B) The person will receive the amount of QS associated with that 
transferred LLP in excess of the use cap established in this section for 
a crab QS fishery solely because of the adjustment to legal landings 
available for QS allocation resulting from the BSAI Crab Capacity 
Reduction Program.
    (iii) QS and IFQ use caps shall be based on the initial QS pools 
used to determine initial allocations of QS.
    (2) Except for non-individual persons who hold PQS, as provided for 
in paragraph (a)(1)(ii) of this section, or a CDQ group, as provided for 
in paragraph (a)(3) of this section, a person, individually or 
collectively, may not:
    (i) Hold QS in amounts in excess of the amounts specified in the 
following table, unless that person's QS was received in the initial 
allocation:

------------------------------------------------------------------------
                                  CVO/CPO Use Cap in  CVC/CPC Use Cap in
             Fishery                   QS Units            QS Units
------------------------------------------------------------------------
(A) Percent of the initial QS     1.0% = 3,880,000..  2.0% = 240,000
 pool for BBR
------------------------------------------------------------------------
(B) Percent of the initial QS     1.0% = 9,700,000..  2.0% = 600,000
 pool for BSS
------------------------------------------------------------------------
(C) Percent of the initial QS     1.0% = 1,940,000..  2.0% = 120,000
 pool for EBT
------------------------------------------------------------------------
(D) Percent of the initial QS     1.0% = 1,940,000..  2.0% = 120,000
 pool for WBT
------------------------------------------------------------------------
(E) Percent of the initial QS     2.0% = 582,000....  4.0% = 36,000
 pool for PIK
------------------------------------------------------------------------
(F) Percent of the initial QS     2.0% = 582,000....  4.0% = 36,000
 pool for SMB
------------------------------------------------------------------------
(G) Percent of the initial QS     10.0% = 970,000...  20.0% = 60,000
 pool for EAG
------------------------------------------------------------------------
(H) Percent of the initial QS     10.0% = 3,880,000.  20.0% = 240,000
 pool for WAG
------------------------------------------------------------------------
(I) Percent of the initial QS     10.0% = 5,820,000.  20.0% = 360,000
 pool for WAI
------------------------------------------------------------------------

    (ii) Use IFQ in excess of the amount of IFQ that results from the QS 
caps in paragraph (a)(2)(i) of this section, unless that IFQ results 
from QS that was received by that person in the initial allocation of QS 
for that crab QS fishery.
    (3) A CDQ Group, individually or collectively, may not:
    (i) Hold QS in excess of more than the amounts of QS specified in 
the following table:

------------------------------------------------------------------------
                                                         CDQ CVO/CPO Use
                        Fishery                          Cap in QS Units
------------------------------------------------------------------------
(A) 5.0 percent of the initial QS pool for BBR                19,400,000
------------------------------------------------------------------------
(B) 5.0 percent of the initial QS pool for BSS                48,500,000
------------------------------------------------------------------------
(C) 5.0 percent of the initial QS pool for EBT                 9,700,000
------------------------------------------------------------------------
(D) 5.0 percent of the initial QS pool for WBT                 9,700,000
------------------------------------------------------------------------
(E) 10.0 percent of the initial QS pool for PIK                2,910,000
------------------------------------------------------------------------
(F) 10.0 percent of the initial QS pool for SMB                2,910,000
------------------------------------------------------------------------
(G) 20.0 percent of the initial QS pool for EAG                1,940,000
------------------------------------------------------------------------

[[Page 1007]]

 
(H) 20.0 percent of the initial QS pool for WAG                7,760,000
------------------------------------------------------------------------
(I) 20.0 percent of the initial QS pool for WAI               11,640,000
------------------------------------------------------------------------

    (ii) Use IFQ in excess of the amount of IFQ that results from the QS 
caps in paragraph (a)(3)(i) of this section, unless that IFQ results 
from QS that was received by that person in the initial allocation of QS 
for that crab QS fishery.
    (4) A person who is not an individual and who holds PQS may not:
    (i) Hold QS in excess of the amounts specified in the following 
table:

------------------------------------------------------------------------
                                                         CVO/CPO Use Cap
                        Fishery                            in QS Units
------------------------------------------------------------------------
(A) 5.0 percent of the initial QS pool for BBR                19,400,000
------------------------------------------------------------------------
(B) 5.0 percent of the initial QS pool for BSS                48,500,000
------------------------------------------------------------------------
(C) 5.0 percent of the initial QS pool for EBT                 9,700,000
------------------------------------------------------------------------
(D) 5.0 percent of the initial QS pool for WBT                 9,700,000
------------------------------------------------------------------------
(E) 5.0 percent of the initial QS pool for PIK                 1,455,000
------------------------------------------------------------------------
(F) 5.0 percent of the initial QS pool for SMB                 1,455,000
------------------------------------------------------------------------
(G) 5.0 percent of the initial QS pool for EAG                   485,000
------------------------------------------------------------------------
(H) 5.0 percent of the initial QS pool for WAG                 1,940,000
------------------------------------------------------------------------
(I) 5.0 percent of the initial QS pool for WAI                 2,910,000
------------------------------------------------------------------------

    (ii) Use IFQ in excess of the amount of IFQ that results from the QS 
caps in paragraph (a)(4)(i) of this section, unless that IFQ results 
from QS that was received by that person in the initial allocation of QS 
for that crab QS fishery.
    (iii) A non-individual person that holds PQS, and all affiliates of 
that person, is limited to a QS and IFQ use cap that is calculated based 
on the sum of all QS or IFQ held by that PQS holder and all QS or IFQ 
held by any affiliate of the PQS holder.
    (5) IFQ that is used by a crab harvesting cooperative is not subject 
to the use caps in this paragraph (a) except as provided for in 
paragraph (a)(7) of this section.
    (6) Non-individual persons holding QS will be required to provide, 
on an annual basis, a list of persons with an ownership interest in the 
non-individual QS holder. This list of owners shall be provided to the 
individual level and will include the percentage of ownership held by 
each individual. This annual submission of information must be submitted 
as part of the complete annual application for crab IFQ/IPQ permit.
    (7) In a calendar year, an entity as described in Sec. 
680.40(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv), may not use more than 
1,000,000 lb (453.6 mt) of IFQ derived from converted CPO QS in the BBR 
or BSS crab QS fisheries.
    (b) PQS and IPQ Use Caps. (1) A person may not:
    (i) Hold more than 30 percent of the initial PQS pool in any crab QS 
fishery unless that person received an initial allocation of PQS in 
excess of this limit. A person will not be issued PQS in excess of the 
use caps established in this section based on PQS derived from the 
transfer of legal processing history after June 10, 2002.
    (ii) Use IPQ in excess of the amount of IPQ that results from the 
PQS caps in paragraph (b)(1)(i) of this section unless that IPQ is 
yielded from PQS that was received by that person in the initial 
allocation of PQS for that crab QS fishery.
    (2) A person may not use more than 60 percent of the IPQ issued in 
the BSS crab QS fishery with a North region designation during a crab 
fishing year except that a person who:
    (i) Holds IPQ; and
    (ii) Has a 10 percent or greater direct or indirect ownership 
interest in the shoreside crab processor or stationary floating crab 
processor where that IPQ crab is processed will not be considered to use 
any IPQ in the BSS crab QS fishery with a North region designation if 
that IPQ meets the requirements described in paragraph (b)(7) of this 
section.
    (3) Non-individual persons holding PQS will be required to provide, 
on an annual basis, a list of persons with an ownership interest in the 
non-individual PQS holder. This list of owners

[[Page 1008]]

shall be provided to the individual level and will include the 
percentage of ownership held by each individual. This annual submission 
of information must be submitted as part of the complete annual 
application for crab IFQ/IPQ permit. A person will be considered to be a 
holder of PQS for purposes of applying the PQS use caps in this 
paragraph if that person:
    (i) Is the sole proprietor of an entity that holds PQS; or
    (ii) Directly or indirectly owns a 10 percent or greater interest in 
an entity that holds PQS.
    (iii) A person that holds PQS is limited to a PQS use cap that is 
calculated based on the sum of all PQS held by that PQS holder and all 
PQS held by any affiliate of the PQS holder.
    (iv) A person that holds IPQ is limited to an IPQ use cap that is 
calculated based on the sum of all IPQ held by that IPQ holder and all 
IPQ held by any affiliate of the IPQ holder.
    (4) Before July 1, 2007, IPQ for the BSS, BBR, PIK, SMB, and EAG 
crab QS fisheries may not be used to process crab derived from PQS based 
on activities in an ECC, except in the geographic boundaries established 
in paragraph (b)(4)(iv) of this section, except that, before July 1, 
2007:
    (i) Ten percent of the IPQs that are issued for a crab QS fishery or 
an amount of IPQ that yields up to 500,000 raw crab pounds (226.7 mt) on 
an annual basis, whichever is less, may be leased for use in processing 
crab outside that ECC. The amount of IPQ that is issued on an annual 
basis for use in that ECC and the amount that may be leased outside that 
ECC will be established annually and will be divided on a pro rata basis 
among all PQS permit holders issued IPQ for use in that ECC for that 
year.
    (ii) IPQ in excess of the amounts specified in paragraph (c)(7)(i) 
of this section may be used outside the ECC for which that IPQ is 
designated if an unavoidable circumstance prevents crab processing 
within that ECC. For purposes of this section, an unavoidable 
circumstance exists if the specific intent to conduct processing for a 
crab QS species in that ECC was thwarted by a circumstance that was:
    (A) Unavoidable;
    (B) Unique to the IPQ permit holder, or to the processing facility 
used by the IPQ permit holder in that ECC;
    (C) Unforeseen and reasonably unforeseeable to the IPQ permit 
holder;
    (D) The circumstance that prevented the IPQ permit holder from 
processing crab in that ECC actually occurred; and
    (E) The IPQ permit holder took all reasonable steps to overcome the 
circumstance that prevented the IPQ permit holder from conducting 
processing for that crab QS fishery in that ECC.
    (iii) This provision does not exempt any IPQ permit holder from any 
regional designation that may apply to that IPQ.
    (iv) Geographic boundaries for use of IPQ outside ECCs for purposes 
of paragraph (b)(4) of this section:
    (A) Akutan, False Pass, King Cove, or Port Moller: IPQ may not be 
used outside of the boundaries of the Aleutians East Borough as those 
boundaries are established by the State of Alaska;
    (B) Kodiak: IPQ may not be used outside of the boundaries of the 
Kodiak Island Borough as those boundaries are established by the State 
of Alaska;
    (C) Adak: IPQ may not be used outside of the boundaries of the City 
of Adak as those boundaries are established by the State of Alaska;
    (D) Unalaska/Dutch Harbor: IPQ may not be used outside of the 
boundaries of the City of Unalaska as those boundaries are established 
by the State of Alaska.
    (E) St. George: IPQ may not be used outside of the boundaries of the 
City of St. George as those boundaries are established by the State of 
Alaska.
    (F) St. Paul: IPQ may not be used outside of the boundaries of the 
City of St. Paul as those boundaries are established by the State of 
Alaska.
    (5) Any person harvesting crab under a Class A CVO or Class A CVC 
IFQ Permit, except as provided under paragraph (b)(4) of this section, 
must deliver that crab:
    (i) Only to RCRs with unused IPQ for the same crab QS fishery; and
    (ii) Only to an RCR in the region for which the QS and IFQ is 
designated.
    (6) Any person harvesting crab under a Class B IFQ, CPO IFQ, CVC 
IFQ, or

[[Page 1009]]

CPC IFQ permit may deliver that crab to any RCR.
    (7) Any IPQ crab that is received by an RCR will not be considered 
use of IPQ by an IPQ holder who has a 10 percent or greater direct or 
indirect ownership interest in the shoreside crab processor or 
stationary floating crab processor where that IPQ crab is processed 
under Sec. 680.7(a)(7) or paragraph (a)(8) of this section if:
    (i) That RCR is not affiliated with an IPQ holder who has a 10 
percent or greater direct or indirect ownership interest in the 
shoreside crab processor or stationary floating crab processor where 
that IPQ crab is processed; and
    (ii) The following conditions apply:
    (A) The IPQ crab is:
    (1) BSS IPQ crab with a North region designation;
    (2) EAG IPQ crab;
    (3) PIK IPQ crab;
    (4) SMB IPQ crab;
    (5) WAG IPQ crab provided that IPQ crab is processed west of 174 
degrees west longitude; or
    (6) WAI IPQ crab; and
    (B) That IPQ crab is processed at:
    (1) Any shoreside crab processor located within the boundaries of a 
home rule, first class, or second class city in the State of Alaska in 
existence on the effective date of this rule; or
    (2) Any stationary floating crab processor that is:
    (i) Located within the boundaries of a home rule, first class, or 
second class city in the State of Alaska in existence on the effective 
date of this rule;
    (ii) Moored at a dock, docking facility, or at a permanent mooring 
buoy, unless that stationary floating crab processor is located within 
the boundaries of the city of Atka in which case that stationary 
floating crab processor is not required to be moored at a dock, docking 
facility, or at a permanent mooring buoy; and
    (iii) Located within a harbor, unless that stationary floating crab 
processor is located within the boundaries of the city of Atka on the 
effective date of this rule in which case that stationary floating crab 
processor is not required to be located within a harbor; or
    (C) The IPQ crab is:
    (1) Derived from PQS that is, or was, subject to a ROFR as that term 
is defined at Sec. 680.2;
    (2) Derived from PQS that has been transferred from the initial 
recipient of those PQS to another person under the requirements 
described at Sec. 680.41;
    (3) Received by an RCR who is not the initial recipient of those 
PQS; and
    (4) Received by an RCR within the boundaries of the ECC for which 
that PQS and IPQ derived from that PQS is, or was, designated in the 
ROFR.
    (c) Vessel limitations. (1) Except for vessels that participate 
solely in a crab harvesting cooperative as described under Sec. 680.21 
and under the provisions described in paragraph (c)(4) of this section, 
no vessel may be used to harvest CVO or CPO IFQ in excess of the 
following percentages of the TAC for that crab QS fishery for that crab 
fishing year:
    (i) 2.0 percent for BSS;
    (ii) 2.0 percent for BBR;
    (iii) 2.0 percent for EBT;
    (iv) 2.0 percent for WBT;
    (v) 4.0 percent for PIK;
    (vi) 4.0 percent for SMB;
    (vii) 20.0 percent for EAG;
    (viii) 20.0 percent for WAG; or
    (ix) 20.0 percent for the WAI crab QS fishery west of 179[deg] W. 
long.
    (2) CVC or CPC IFQ used on a vessel will not be included in 
determining whether a vessel use cap is met.
    (3) A single person who receives an initial allocation of QS that 
results in IFQ that is in excess of the vessel use caps, in paragraph 
(c)(1) of this section, that person may catch and retain crab harvested 
with the resulting IFQ with a single vessel. However, this provision 
does not apply to IFQ resulting from QS derived from transfer of an LLP 
crab license that occurred after June 10, 2002. Two or more persons may 
not catch and retain their IFQ with one vessel in excess of these 
limitations.
    (4) A vessel use cap would not apply to a vessel if all of the CVO 
or CPO IFQ used on that vessel in a crab fishing year is held by a crab 
harvesting cooperative. This exemption is forfeited if that vessel is 
used to harvest any amount of CVO or CPO IFQ not held by a crab 
harvesting cooperative during the same crab fishing year.

[[Page 1010]]

    (5) A person holding a CVC or CPC IFQ permit is required to be 
aboard the vessel upon which their IFQ is being harvested.
    (6) A person holding CVO or CPO QS does not have to be aboard the 
vessel being used to harvest their IFQ if they hold at least a 10 
percent ownership interest in the vessel upon which the IFQ is to be 
harvested and are represented on board the vessel by a crab IFQ hired 
master employed by that QS holder as authorized under Sec. 680.4.
    (7) Ownership of a vessel means, for purposes of this section:
    (i) A sole proprietor; or
    (ii) A person that directly or indirectly owns a 10 percent or 
greater interest in an entity that owns a vessel.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 
FR 75421, 75422, Dec. 20, 2005; 71 FR 32865, June 7, 2006; 73 FR 29983, 
May 23, 2008; 73 FR 35088, June 20, 2008; 74 FR 25457, May 28, 2009]



Sec. 680.43  Determinations and appeals.

    See Sec. 679.43 of this chapter.



Sec. 680.44  Cost recovery.

    (a) Cost recovery fees--(1) Responsibility. The person documented on 
the IFQ, IPQ, CDQ, RCR, Commercial Fisheries Entry Commission (CFEC), or 
State of Alaska Commissioner's permit as the permit holder at the time 
of a CR crab landing must comply with the requirements of this section.
    (i) Subsequent transfer of IFQ, IPQ, CDQ, or QS does not affect the 
permit holder's liability for noncompliance with this section.
    (ii) Non-renewal of an RCR permit does not affect the permit 
holder's liability for noncompliance with this section.
    (2) Fee liability determination. (i) All CR allocation holders and 
RCR permit holders will be subject to a fee liability for any CR crab 
debited from a CR allocation during a crab fishing year, except for crab 
designated as personal use or deadloss, or crab confiscated by NMFS or 
the State of Alaska.
    (ii) Fee liability must be calculated by multiplying the applicable 
fee percentage by the ex-vessel value of the CR crab received by the RCR 
at the time of receipt, except as provided by paragraph (b)(3) of this 
section.
    (iii) NMFS will provide a summary to all RCR permit holders during 
the last quarter of the crab fishing year. The summary will explain the 
fee liability determination including the current fee percentage, 
details of raw crab pounds debited from CR allocations by permit, port 
or port-group, species, date, and prices.
    (3) Fee collection. (i) All RCRs who receive CR crab are responsible 
for submitting the cost recovery payment for all CR crab received.
    (ii) All RCRs who receive CR crab in a crab fishing year must 
maintain and submit records for any crab cost recovery fees collected 
under the corresponding RCR permit.
    (4) Payment--(i) Payment due date. An RCR permit holder must submit 
any crab cost recovery fee liability payment(s) to NMFS at the address 
provided in paragraph (a)(4)(iii) of this section no later than July 31 
of the crab fishing year following the crab fishing year in which the 
payment for a CR crab landing was made.
    (ii) Payment recipient. Make payment payable to NMFS.
    (iii) Payment address. Submit payment and related documents as 
instructed on the fee form; payments may also be submitted 
electronically to NMFS. Forms are available on the NMFS Alaska Region 
website at http://alaskafisheries.noaa.gov, or by contacting NMFS at: 
800-304-4846, Option 2.
    (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) Ex-vessel value determination and use--(1) General. An RCR 
permit holder must use either the ex-vessel value determined for 
shoreside processors or the ex-vessel value determined for at-sea 
Catcher/Processors (CP), depending on their activity. Ex-vessel value 
includes all cash, services, or other goods-in-kind exchanged for CR 
crab.
    (2) Shoreside ex-vessel value. Shoreside processing facilities must 
use the price

[[Page 1011]]

paid at the time of purchase as ex-vessel value for the purposes of 
calculating fee liability. Shoreside processing facilities must include 
any subsequent retroactive payments as adjustments to the initial 
calculation of fee liability.
    (3) Catcher/processor ex-vessel value--(i) General. Catcher/
processors must use the corresponding CP standard price(s) for the 
purposes of calculating fee liability.
    (ii) CP standard prices. As part of the summary described in 
paragraph (a)(2)(iii) of this section, the Regional Administrator will 
provide CP standard prices calculated for the current year during the 
last quarter of each crab fishing year. The CP standard prices will be 
described in U.S. dollars per raw crab pound, for CR crab debited from 
CR allocations during the current crab fishing year.
    (iii) Effective period. CP standard prices established by NMFS shall 
apply to all landings made in the same crab fishing year as the CP 
standard price provided for that year and shall replace any CP standard 
prices previously provided by NMFS.
    (iv) Determination. NMFS will calculate the CP standard prices to 
reflect, as closely as possible, the current crab fishing year's average 
shoreside processor price by fishery and by species, and any variations 
in reported shoreside ex-vessel values of CR crab. The Regional 
Administrator will base CP standard prices on the following types of 
information:
    (A) Landed pounds by CR crab, port-group, and month;
    (B) Total shoreside ex-vessel value by CR crab, port-group, and 
month; and
    (C) Price adjustments, including retroactive payments.
    (4) Fee liability calculation. All RCRs must base all fee liability 
calculations on the ex-vessel value that correlates to CR crab that is 
debited from a CR allocation and recorded in raw crab pounds.
    (c) Crab fee percentage--(1) Established percentage. The crab fee 
percentage is the amount as determined by the factors and methodology 
described in paragraph (c)(2) of this section. This amount will be 
announced by publication in the Federal Register in accordance with 
paragraph (c)(3) of this section. This amount must not exceed 3 percent 
pursuant to 16 U.S.C. 1854(d)(2)(B).
    (i) The calculated crab fee percentage will be divided equally 
between the harvesting and processing sectors.
    (ii) Catcher/Processors must pay the full crab fee percentage 
determined by the fee percentage calculation for all CR crab debited 
from a CR allocation.
    (2) Calculating fee percentage value. Each year NMFS shall calculate 
and publish the fee percentage according to the following factors and 
methodology:
    (i) Factors. NMFS must use the following factors to determine the 
fee percentage:
    (A) The catch to which the crab cost recovery fee will apply;
    (B) The ex-vessel value of that catch; and
    (C) The costs directly related to the management and enforcement of 
the Crab Rationalization Program.
    (ii) Methodology. NMFS must use the following equations to determine 
the fee percentage:

    Harvesting and Processing Sectors: [100 (DPC/ V)] 0.5
    Catcher/Processors: 100 (DPC /V)

    where:
    ``DPC'' is the direct program costs for the Crab Rationalization 
Program for the previous fiscal year, and
    ``V'' is the ex-vessel value of the catch subject to the crab cost 
recovery fee liability for the current year.

    (3) Publication--(i) General. During the first quarter of each crab 
fishing year, NMFS shall calculate the crab fee percentage based on the 
calculations described in paragraph (c)(2) of this section.
    (ii) Effective period. The calculated IFQ fee percentage remains in 
effect through the end of the crab fishing year in which it was 
determined.
    (4) Applicable percentage. The RCR permit holder must use the crab 
fee percentage in effect at the time a CR crab is debited from a CR 
allocation to calculate the crab cost recovery fee liability for such CR 
crab. The RCR permit holder must use the crab fee percentage in effect 
at the time a CR crab

[[Page 1012]]

is debited from a CR allocation to calculate the crab cost recovery fee 
liability for any retroactive payments for that CR crab.
    (d) Underpayment of fee liability. (1) Under Sec. 680.4, an 
applicant will not receive new IFQ, IPQ, or RCR permits until he or she 
submits a complete application. A complete application shall include 
full payment of an applicant's complete crab cost recovery fee liability 
as reported by the RCR.
    (2) If an RCR fails to submit full payment for crab cost recovery 
fee liability by the date described in paragraph (a)(4) of this section, 
the Regional Administrator may:
    (i) At any time thereafter send an IAD to the RCR permit holder 
stating that the RCR permit holder's estimated fee liability, as 
indicated by his or her own submitted information, is the crab cost 
recovery fee liability due from the RCR permit holder.
    (ii) Disapprove any transfer of IFQ, IPQ, QS, or PQS to or from the 
RCR permit holder in accordance with Sec. 680.41.
    (3) If an RCR fails to submit full payment by the application 
deadline described at Sec. 680.4, no IFQ or IPQ permit will be issued 
to that RCR for that crab fishing year.
    (4) Upon final agency action determining that an RCR permit holder 
has not paid his or her crab cost recovery fee liability, the Regional 
Administrator may continue to withhold issuance of any new IFQ, IPQ, or 
RCR permit for any subsequent crab fishing years. 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.
    (e) Over payment. Upon issuance of final agency action, any amount 
submitted to NMFS in excess of the crab cost recovery fee liability 
determined to be due by the final agency action will be returned to the 
RCR permit holder unless the permit holder requests the agency to credit 
the excess amount against the permit holder's future crab cost recovery 
fee liability.
    (f) Appeals and requests for reconsideration. An RCR permit holder 
who receives an IAD may either appeal the IAD pursuant to 50 CFR 679.43 
or request reconsideration. Within 60 days from the date of issuance of 
the IAD, the Regional Administrator may undertake reconsideration of the 
IAD on his or her own initiative. If a request for reconsideration is 
submitted or the Regional Administrator initiates reconsideration, the 
60-day period for appeal under 50 CFR 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 RCR permit holder fails to file an appeal of the IAD pursuant to 
50 CFR 679.43 or request reconsideration within the time period 
provided, the IAD will become the final agency action. In any appeal or 
reconsideration of an IAD made under this section, an RCR permit holder 
has the burden of proving his or her claim.
    (g) Fee submission form. An RCR must submit an RCR permit holder fee 
submission form according to Sec. 680.5(g).

[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 44232, Aug. 4, 2006; 73 
FR 76190, Dec. 15, 2008; 74 FR 51520, Oct. 7, 2009]



      Sec. Table 1 to Part 680--Crab Rationalization (CR) Fisheries

------------------------------------------------------------------------
  Fishery
    Code        CR Fishery                  Geographic Area
------------------------------------------------------------------------
BBR          Bristol Bay red   In waters of the EEZ with:
              king crab         (1) A northern boundary of
              (Paralithodes     58[deg]30[min] N. lat.,
              camtshaticus).    (2) A southern boundary of
                                54[deg]36[min] N. lat., and
                                (3) A western boundary of 168[deg] W.
                                long. and including all waters of
                                Bristol Bay.
------------------------------------------------------------------------

[[Page 1013]]

 
BSS          Bering Sea Snow   In waters of the EEZ with:
              crab              (1) A northern and western boundary of
              (Chionoecetes     the Maritime Boundary Agreement Line as
              opilio).          that line is described in the text of
                                and depicted in the annex to the
                                Maritime Boundary Agreement between the
                                United States and the Union of Soviet
                                Socialist Republics signed in
                                Washington, June 1, 1990, and as the
                                Maritime Boundary Agreement Line as
                                depicted on NOAA Chart No. 513 (6th
                                edition, February 23, 1991) and NOAA
                                Chart No. 514 (6th edition, February 16,
                                1991), and
                                (2) A southern boundary of
                                54[deg]30[min] N. lat. to 171[deg] W.
                                long., and then south to 54[deg]36[min]
                                N. lat.
------------------------------------------------------------------------
EAG          Eastern Aleutian  In waters of the EEZ with:
              Islands golden    (1) An eastern boundary the longitude of
              king crab         Scotch Cap Light (164[deg]44[min] W.
              (Lithodes         long.) to 53[deg]30[min] N. lat., then
              aequispinus).     West to 165[deg] W. long.,
                                (2) A western boundary of 174[deg] W.
                                long., and
                                (3) 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
                                174[deg] W. long.
------------------------------------------------------------------------
EBT          Eastern Bering    In waters of the EEZ with:
              Sea Tanner crab   (1) A western boundary the longitude of
              (Chionoecetes     166[deg] W. long.,
              bairdi).          (2) A northern boundary of the Maritime
                                Boundary Agreement Line as that line is
                                described in the text of and depicted in
                                the annex to the Maritime Boundary
                                Agreement between the United States and
                                the Union of Soviet Socialist Republics
                                signed in Washington, June 1, 1990, and
                                as the Maritime Boundary Agreement Line
                                as depicted on NOAA Chart No. 513 (6th
                                edition, February 23, 1991) and NOAA
                                Chart No. 514 (6th edition, February 16,
                                1991), and
                                (3) A southern boundary of 54[deg]30'N.
                                lat.
------------------------------------------------------------------------
PIK          Pribilof red      In waters of the EEZ with:
              king and blue     (1) A northern boundary of
              king crab         58[deg]30[min] N. lat.,
              (Paralithodes     (2) An eastern boundary of 168[deg] W.
              camtshaticus      long., and
              and P.            (3) A southern boundary line from
              platypus).        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
                                Maritime Boundary Agreement Line as that
                                line is described in the text of and
                                depicted in the annex to the Maritime
                                Boundary Agreement between the United
                                States and the Union of Soviet Socialist
                                Republics signed in Washington, June 1,
                                1990, and as the Maritime Boundary
                                Agreement Line as depicted on NOAA Chart
                                No. 513 (6th edition, February 23, 1991)
                                and NOAA Chart No. 514 (6th edition,
                                February 16, 1991).
------------------------------------------------------------------------
SMB          St. Matthew blue  In waters of the EEZ with:
              king crab         (1) A northern boundary of 62[deg] N.
              (Paralithodes     lat.,
              platypus).        (2) A southern boundary of
                                58[deg]30[min] N. lat., and
                                (3) A western boundary of the Maritime
                                Boundary Agreement Line as that line is
                                described in the text of and depicted in
                                the annex to the Maritime Boundary
                                Agreement between the United States and
                                the Union of Soviet Socialist Republics
                                signed in Washington, June 1, 1990, and
                                as the Maritime Boundary Agreement Line
                                as depicted on NOAA Chart No. 513 (6th
                                edition, February 23, 1991) and NOAA
                                Chart No. 514 (6th edition, February 16,
                                1991).
------------------------------------------------------------------------
WAG          Western Aleutian  In waters of the EEZ with:
              Islands golden    (1) An eastern boundary the longitude
              king crab         174[deg] W. long.,
              (Lithodes         (2) A western boundary the Maritime
              aequispinus).     Boundary Agreement Line as that line is
                                described in the text of and depicted in
                                the annex to the Maritime Boundary
                                Agreement between the United States and
                                the Union of Soviet Socialist Republics
                                signed in Washington, June 1, 1990, and
                                as the Maritime Boundary Agreement Line
                                as depicted on NOAA Chart No. 513 (6th
                                edition, February 23, 1991) and NOAA
                                Chart No. 514 (6th edition, February 16,
                                1991), and
                                (3) A northern boundary of a line from
                                the latitude of 55[deg]30[min] N. lat.,
                                then west to the U.S.-Russian Convention
                                line of 1867.
------------------------------------------------------------------------

[[Page 1014]]

 
WAI          Western Aleutian  In waters of the EEZ with:
              Islands red       (1) An eastern boundary the longitude
              king crab         179[deg] W. long.,
              (Paralithodes     (2) A western boundary of the Maritime
              camtshaticus).    Boundary Agreement Line as that line is
                                described in the text of and depicted in
                                the annex to the Maritime Boundary
                                Agreement between the United States and
                                the Union of Soviet Socialist Republics
                                signed in Washington, June 1, 1990, and
                                as the Maritime Boundary Agreement Line
                                as depicted on NOAA Chart No. 513 (6th
                                edition, February 23, 1991) and NOAA
                                Chart No. 514 (6th edition, February 16,
                                1991), and
                                (3) A northern boundary of a line from
                                the latitude of 55[deg]30[min] N. lat.,
                                then west to the Maritime Boundary
                                Agreement Line as that line is described
                                in the text of and depicted in the annex
                                to the Maritime Boundary Agreement
                                between the United States and the Union
                                of Soviet Socialist Republics signed in
                                Washington, June 1, 1990, and as the
                                Maritime Boundary Agreement Line as
                                depicted on NOAA Chart No. 513 (6th
                                edition, February 23, 1991) and NOAA
                                Chart No. 514 (6th edition, February 16,
                                1991).
------------------------------------------------------------------------
WBT          Western Bering    In waters of the EEZ with:
              Sea Tanner crab   (1) An eastern boundary the longitude of
              (Chionoecetes     166[deg] W. long.,
              bairdi).          (2) A northern and western boundary of
                                the Maritime Boundary Agreement Line as
                                that line is described in the text of
                                and depicted in the annex to the
                                Maritime Boundary Agreement between the
                                United States and the Union of Soviet
                                Socialist Republics signed in
                                Washington, June 1, 1990, and as the
                                Maritime Boundary Agreement Line as
                                depicted on NOAA Chart No. 513 (6th
                                edition, February 23, 1991) and NOAA
                                Chart No. 514 (6th edition, February 16,
                                1991), and
                                (3) A southern boundary of
                                54[deg]30[min] N. lat. to 171[deg] W.
                                long., and then south to 54[deg]36[min]
                                N. lat.
------------------------------------------------------------------------


[71 FR 32866, June 7, 2006]



               Sec. Table 2 to Part 680--Crab Species Code

----------------------------------------------------------------------------------------------------------------
           Species code                 Common name                          Scientific name
----------------------------------------------------------------------------------------------------------------
900..............................  Box.................  Lopholithodes mandtii.
910..............................  Dungeness...........  Cancer magister.
921..............................  Red king crab.......  Paralithodes camtshaticus.
922..............................  Blue king crab......  Paralithodes platypus.
923..............................  Golden (brown) king   Lithodes aequispinus.
                                    crab.
924..............................  Scarlet king crab...  Lithodes couesi.
931..............................  Tanner crab.........  Chionoecetes bairdi.
932..............................  Snow crab...........  Chionoecetes opilio.
933..............................  Grooved Tanner crab.  Chionoecetes tanneri.
934..............................  Triangle Tanner crab  Chionoecetes angulatus.
940..............................  Korean horsehair      Erimacrus isenbeckii.
                                    crab.
951..............................  Multispinus crab....  Paralomis multispinus.
953..............................  Verrilli crab.......  Paralomis verrilli.
----------------------------------------------------------------------------------------------------------------



        Sec. Table 3a to Part 680--Crab Delivery Condition Codes

 [The condition of the fish or shellfish at the point it is weighed and
                   recorded on the ADF&G fish ticket]
------------------------------------------------------------------------
           Code                              Description
------------------------------------------------------------------------
01........................  Whole crab, live.
79........................  Deadloss.
------------------------------------------------------------------------



      Sec. Table 3b to Part 680--Crab Disposition or Product Codes

------------------------------------------------------------------------
           Code                              Description
------------------------------------------------------------------------
80........................  Sections.
95........................  Personal use--not sold.
97........................  Other retained product (specify condition).
------------------------------------------------------------------------



 Sec. Table 3c to Part 680--Crab Product Codes for Economic Data Reports

------------------------------------------------------------------------
           Code                              Description
------------------------------------------------------------------------
01........................  Whole crab.
80........................  Sections.
81........................  Meats.

[[Page 1015]]

 
97........................  Other (specify).
------------------------------------------------------------------------



              Sec. Table 4 to Part 680--Crab Process Codes

------------------------------------------------------------------------
       Process code                          Description
------------------------------------------------------------------------
0.........................  Other (specify).
1.........................  Fresh.
2.........................  Frozen.
3.........................  Salted/brined.
6.........................  Cooked.
7.........................  Live.
18........................  Fresh/vacuum pack.
21........................  Frozen/block.
22........................  Frozen/shatter pack.
28........................  Frozen/vacuum pack.
------------------------------------------------------------------------



                Sec. Table 5 to Part 680--Crab Size Codes

------------------------------------------------------------------------
         Size code                           Description
------------------------------------------------------------------------
1.........................  Standard or large sized crab or crab
                             sections.
2.........................  Smaller size crab or crab sections, e.g.,
                             snow crab less than 4 inches.
------------------------------------------------------------------------



               Sec. Table 6 to Part 680--Crab Grade Codes

------------------------------------------------------------------------
        Grade/code                           Description
------------------------------------------------------------------------
1.........................  Standard or premium quality crab or crab
                             sections.
2.........................  Lower quality product, e.g., dirty shelled
                             crab or a pack that is of lower quality
                             than No. 1 crab.
------------------------------------------------------------------------



Sec. Table 7 to Part 680--Initial Issuance of Crab QS by Crab QS Fishery

----------------------------------------------------------------------------------------------------------------
                                                                              Column D:  Recent      Column E:
                                        Column B:            Column C:          Participation        Subset of
  Column A:  Crab QS  Fisheries      Qualifying Years    Eligibility Years   Seasons for CVC and    Qualifying
                                          for QS         for CVC and CPC QS         CPC QS             Years
----------------------------------------------------------------------------------------------------------------
For each crab QS fishery the       QS for any           In addition, each    In addition, each    The maximum
 Regional Administrator shall       qualified person     person receiving     person receiving     number of
 calculate (see Sec. based on that        CVC and CPC QS       CVC or CPC QS,       qualifying
 680.40(c)(2):                      person's total       must have made at    must have made at    years that
                                    legal landings of    least one landing    least one landing,   can be used
                                    crab in each of      per year, as         as recorded on a     to calculate
                                    the crab QS          recorded on a        State of Alaska      QS for each
                                    fisheries for any:   State of Alaska      fish ticket, in at   QS fishery
                                                         fish ticket, in      least 2 of the       is:
                                                         any three years      last 3 fishing
                                                         during the base      seasons in each of
                                                         period described     the crab QS
                                                         below:               fisheries as those
                                                                              seasons are
                                                                              described below:
----------------------------------------------------------------------------------------------------------------
1. Bristol Bay red king crab       4 years of the 5-    3 years of the 5-     (1) October 15-20,  4 years
 (BBR)                              year QS base         year QS base         1999.
                                    period beginning     period beginning     (2) October 16-20,
                                    on:                  on:                  2000.
                                    (1) November 1-5,    (1) November 1-5,    (3) October 15-18,
                                    1996;                1996;                2001.
                                    (2) November 1-5,    (2) November 1-5,
                                    1997;                1997;
                                    (3) November 1-6,    (3) November 1-6,
                                    1998;                1998;
                                    (4) October 15-20,   (4) October 15-20,
                                    1999;                1999;
                                    (5) October 16-20,   (5) October 16-20,
                                    2000.                2000.
----------------------------------------------------------------------------------------------------------------
2. Bering Sea snow crab (BSS)      4 years of the 5-    3 years of the 5-     (1) April 1-8,      4 years
                                    year period          year period          2000.
                                    beginning on:        beginning on:        (2) January 15,
                                    (1) January 15,      (1) January 15,      2001 through
                                    1996 through         1996 through         February 14, 2001.
                                    February 29, 1996;   February 29, 1996;   (3) January 15,
                                    (2) January 15,      (2) January 15,      2002 through
                                    1997 through March   1997 through March   February 8, 2002.
                                    21, 1997;            21, 1997;
                                    (3) January 15,      (3) January 15,
                                    1998 through March   1998 through March
                                    20, 1998;            20, 1998;
                                    (4) January 15,      (4) January 15,
                                    1999 through March   1999 through March
                                    22, 1999;            22, 1999;
                                    (5) April 1-8,       (5) April 1-8,
                                    2000.                2000.
----------------------------------------------------------------------------------------------------------------

[[Page 1016]]

 
3. Eastern Aleutian Islands        5 years of the 5-    3 years of the 5-     (1) September 1     5 years
 golden king crab (EAG)             year base period     year base period     1999 through
                                    beginning on:        beginning on:        October 25, 1999.
                                    (1) September 1,     (1) September 1,     (2) August 15,
                                    1996 through         1996 through         2000 through
                                    December 25, 1996;   December 25, 1996;   September 24,
                                    (2) September 1,     (2) September 1,     2000.
                                    1997 though          1997 though          (3) August 15,
                                    November 24, 1997;   November 24, 1997;   2001 through
                                    (3) September 1,     (3) September 1,     September 10,
                                    1998 through         1998 through         2001.
                                    November 7, 1998;    November 7, 1998;
                                    (4) September 1,     (4) September 1,
                                    1999 through         1999 through
                                    October 25, 1999;    October 25, 1999;
                                    (5) August 15,       (5) August 15,
                                    2000 through         2000 through
                                    September 24,        September 25,
                                    2000.                2000.
----------------------------------------------------------------------------------------------------------------
4. Eastern Bering Sea Tanner crab  4 of the 6 seasons   3 of the 6 seasons   In any 2 of the      4 years
 (EBT)                              beginning on:        beginning on:        last 3 seasons
                                    (1) November 15,     (1) November 15,     prior to June 10,
                                    1991 through March   1991 through March   2002 in the
                                    31, 1992;            31, 1992;            Eastern Aleutian
                                    (2) November 15,     (2) November 15,     Island golden
                                    1992 through March   1992 through March   (brown) king crab,
                                    31, 1993;            31, 1993;            Western Aleutian
                                    (3) November 1-10,   (3) November 1-10,   Island golden
                                    1993, and November   1993, and November   (brown) king crab,
                                    20, 1993 through     20, 1993 through     Bering Sea snow
                                    January 1, 1994;     January 1, 1994;     crab, or Bristol
                                    (4) November 1-21,   (4) November 1-21,   Bay red king crab
                                    1994;                1994;                fisheries.
                                    (5) November 1-16,   (5) November 1-16,
                                    1995;                1995;
                                    (6) November 1-5,    (6) November 1-5,
                                    1996 and November    1996 and November
                                    15-27, 1996.         15-27, 1996.
----------------------------------------------------------------------------------------------------------------
5. Pribilof red king and blue      4 years of the 5-    3 years of the 5-    In any 2 of the      4 years
 king crab (PIK)                    year period          year period          last 3 seasons
                                    beginning on:        beginning on:        prior to June 10,
                                    (1) September 15-    (1) September 15-    2002 in the
                                    21, 1994;            21, 1994;            Eastern Aleutian
                                    (2) September 15-    (2) September 15-    Island golden
                                    22, 1995;            22, 1995;            (brown) king crab,
                                    (3) September 15-    (3) September 15-    Western Aleutian
                                    26, 1996;            26, 1996;            Island golden
                                    (4) September 15-    (4) September 15-    (brown) king crab,
                                    29, 1997;            29, 1997;            Bering Sea snow
                                    (5) September 1-     (5) September 15-    crab, or Bristol
                                    28, 1998.            28, 1998.            Bay red king crab
                                                                              fisheries, except
                                                                              that persons
                                                                              applying for an
                                                                              allocation to
                                                                              receive QS based
                                                                              on legal landings
                                                                              made aboard a
                                                                              vessel less than
                                                                              60 feet (18.3 m)
                                                                              LOA at the time of
                                                                              harvest are exempt
                                                                              from this
                                                                              requirement.
----------------------------------------------------------------------------------------------------------------
6. St. Matthew blue king crab      4 years of the 5-    3 years of the 5-    In any 2 of the      4 years
 (SMB)                              year period          year period          last 3 seasons
                                    beginning on:        beginning on:        prior to June 10,
                                    (1) September 15-    (1) September 15-    2002 in the
                                    22, 1994;            22, 1994;            Eastern Aleutian
                                    (2) September 15-    (2) September 15-    Island golden
                                    20, 1995;            20, 1995;            (brown) king crab,
                                    (3) September 15-    (3) September 15-    Western Aleutian
                                    23, 1996;            23, 1996;            Island golden
                                    (4) September 15-    (4) September 15-    (brown) king crab,
                                    22, 1997;            22, 1997; and        Bering Sea snow
                                    (5) September 15-    (5) September 15-    crab, or Bristol
                                    26, 1998.            26, 1998.            Bay red king crab
                                                                              fisheries.
----------------------------------------------------------------------------------------------------------------
7. Western Aleutian Islands brown  5 of the 5 seasons   3 of the 5 seasons    (1) September 1,    5 years
 king crab (WAG)                    beginning on:        beginning on:        1999 through
                                    (1) September 1,     (1) September 1,     August 14, 2000.
                                    1996 through         1996 through         (2) August 15,
                                    August 31, 1997;     August 31, 1997;     2000 through March
                                    (2) September 1,     (2) September 1,     28, 2001.
                                    1997 though August   1997 though August   (3) August 15 2001
                                    21, 1998;            31, 1998;            through March 30,
                                    (3) September 1,     (3) September 1,     2002.
                                    1998 through         1998 through
                                    August 31, 1999;     August 31, 1999;
                                    (4) September 1,     (4) September 1,
                                    1999 through         1999 through
                                    August 14, 2000;     August 14, 2000;
                                    (5) August 15,       (5) August 15,
                                    2000 through March   2000 through March
                                    28, 2001.            28, 2001.
----------------------------------------------------------------------------------------------------------------

[[Page 1017]]

 
8. Western Aleutian Islands red    3 of the 4 seasons   3 of the 4 seasons   In any 2 of the      3 years
 king crab (WAI)                    beginning on:        beginning on:        last 3 seasons
                                    (1) November 1,      (1) November 1,      prior to June 10,
                                    1992 through         1992 through         2002 in the
                                    January 15, 1993;    January 15, 1993;    Eastern Aleutian
                                    (2) November 1,      (2) November 1,      Island golden
                                    1993 through         1993 through         (brown) king crab,
                                    February 15, 1994;   February 15, 1994;   Western Aleutian
                                    (3) November 1-28,   (3) November 1-28,   Island golden
                                    1994;                1994;                (brown) king crab,
                                    (4) November 1,      (4) November 1,      Bering Sea snow
                                    1995 through         1995 through         crab, or Bristol
                                    February 13, 1996.   February 13, 1996.   Bay red king crab
                                                                              fisheries.
----------------------------------------------------------------------------------------------------------------
9. Western Bering Sea Tanner crab  4 of the 6 seasons   3 of the 6 seasons   In any 2 of the      4 years
 (WBT)                              beginning on:        beginning on:        last 3 seasons
                                    (1) November 15,     (1) November 15,     prior to June 10,
                                    1991 through March   1991 through March   2002 in the
                                    31, 1992;            31, 1992;            Eastern Aleutian
                                    (2) November 15,     (2) November 15,     Island golden
                                    1992 through March   1992 through March   (brown) king crab,
                                    31, 1993;            31, 1993;            Western Aleutian
                                    (3) November 1-10,   (3) November 1-10,   Island golden
                                    1993, and November   1993, and November   (brown) king crab,
                                    20, 1993 through     20, 1993 through     Bering Sea snow
                                    January 1, 1994;     January 1, 1994;     crab, or Bristol
                                    (4) November 1-21,   (4) November 1-21,   Bay red king crab
                                    1994;                1994;                fisheries.
                                    (5) November 1-16,   (5) November 1-16,
                                    1995;                1995;
                                    (6) November 1-5,    (6) November 1-5,
                                    1996 and November    1996 and November
                                    15-27, 1996.         15-27, 1996.
----------------------------------------------------------------------------------------------------------------


[71 FR 32867, June 7, 2006]



   Sec. Table 8 to Part 680--Initial QS and PQS Pool for Each Crab QS 
                                 Fishery

------------------------------------------------------------------------
           Crab QS Fishery             Initial QS Pool  Initial PQS Pool
------------------------------------------------------------------------
BBR Bristol Bay red king crab              400,000,000       400,000,000
------------------------------------------------------------------------
BSS Bering Sea snow crab (C. opilio)     1,000,000,000     1,000,000,000
------------------------------------------------------------------------
EAG Eastern Aleutian Islands golden         10,000,000        10,000,000
 king crab
------------------------------------------------------------------------
EBT Eastern Bering Sea Tanner crab         200,000,000       200,000,000
 (C. bairdi)
------------------------------------------------------------------------
PIK Pribilof Islands red and blue           30,000,000        30,000,000
 king crab
------------------------------------------------------------------------
SMB St. Matthew blue king crab              30,000,000        30,000,000
------------------------------------------------------------------------
WAG Western Aleutian Islands golden         40,000,000        40,000,000
 king crab
------------------------------------------------------------------------
WAI Western Aleutian Islands red            60,000,000        60,000,000
 king crab
------------------------------------------------------------------------
WBT Western Bering Sea Tanner crab         200,000,000       200,000,000
 (C. bairdi)
------------------------------------------------------------------------



   Sec. Table 9 to Part 680--Initial Issuance of Crab PQS by Crab QS 
                                 Fishery

------------------------------------------------------------------------
                                 Column B:  The Regional Administrator
                                 shall calculate PQS for any qualified
 Column A:  For each crab QS   person based on that person's total legal
           fishery:             purchase of crab in each of the crab QS
                                          fisheries for any...
------------------------------------------------------------------------
Bristol Bay red king crab      3 years of the 3-year QS base period
 (BBR)                          beginning on:
                                (1) November 1-5, 1997;
                                (2) November 1-6, 1998; and
                                (3) October 15-20, 1999.
------------------------------------------------------------------------
Bering Sea snow crab (BSS)     3 years of the 3-year period beginning
                                on:
                                (1) January 15, 1997 through March 21,
                                1997;
                                (2) January 15, 1998 through March 20,
                                1998; and
                                (3) January 15, 1999 through March 22,
                                1999.
------------------------------------------------------------------------
Eastern Aleutian Island        4 years of the 4-year base period
 golden king crab (EAG)         beginning on:
                                (1) September 1, 1996 through December
                                25, 1996;
                                (2) September 1, 1997 though November
                                24, 1997;
                                (3) September 1, 1998 through November
                                7, 1998; and
                                (4) September 1, 1999 through October
                                25, 1999.
------------------------------------------------------------------------

[[Page 1018]]

 
Eastern Bering Sea Tanner      Equivalent to 50 percent of the total
 crab (EBT)                     legally processed crab in the Bering Sea
                                snow crab fishery during the qualifying
                                years established for that fishery, and
                                50 percent of the total legally
                                processed crab in the Bristol Bay red
                                king crab fishery during the qualifying
                                years established for that fishery.
------------------------------------------------------------------------
Pribilof Islands red and blue  3 years of the 3-year period beginning
 king crab (PIK)                on:
                                (1) September 15-26, 1996;
                                (2) September 15-29, 1997; and
                                (3) September 15-28, 1998.
------------------------------------------------------------------------
St. Matthew blue king crab     3 years of the 3-year period beginning
 (SMB)                          on:
                                (1) September 15-23, 1996;
                                (2) September 15-22, 1997; and
                                (3) September 15-26, 1998.
------------------------------------------------------------------------
Western Aleutian Island        4 years of the 4-year base period
 golden king crab (WAG)         beginning on:
                                (1) September 1, 1996 through August 31,
                                1997;
                                (2) September 1, 1997 though August 31,
                                1998;
                                (3) September 1, 1998 through August 31,
                                1999; and
                                (4) September 1, 1999 through August 14,
                                2000.
------------------------------------------------------------------------
Western Aleutian Islands red   Equivalent to the total legally processed
 king crab (WAI)                crab in the Western Aleutian Islands
                                golden (brown) king crab fishery during
                                the qualifying years established for
                                that fishery.
------------------------------------------------------------------------
Western Bering Sea Tanner      Equivalent to 50 percent of the total
 crab (WBT)                     legally processed crab in the Bering Sea
                                snow crab fishery during the qualifying
                                years established for that fishery, and
                                50 percent of the total legally
                                processed crab in the Bristol Bay red
                                king crab fishery during the qualifying
                                years established for that fishery.
------------------------------------------------------------------------


[71 FR 32867, June 7, 2006]



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. 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

[[Page 1019]]

Sec. Sec. 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 Coastal Act means the Atlantic Coastal Fisheries 
Cooperative Management Act, as amended (16 U.S.C. 5101 et seq.).
    Atlantic red drum, also called redfish, means Sciaenops ocellatus, 
or a part thereof, found in the waters of the Atlantic Ocean off the 
Atlantic coastal states, to the outer boundary of the EEZ, as specified 
in Sec. 600.10 of this chapter, from the boundary of the United States 
and Canada, to the boundary between the South Atlantic Fishery 
Management Council and the Gulf of Mexico Fishery Management Council, as 
specified in Sec. 600.105(c) of this chapter.
    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 
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.
    Director means the Director of the Office of Sustainable Fisheries, 
1315 East-West Highway, Silver Spring, MD 20910.

[[Page 1020]]

    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 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).
    One-quarter-inch (1/4-inch) 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.
    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.

[[Page 1021]]

    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 Regional Administrator, Northeast 
Region, NMFS, or Regional Administrator, Southeast Region, NMFS, 
whichever has the applicable jurisdiction, or a respective 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).
    Standard V-shaped notch means a notch or indentation in the base of 
the flipper that is at least as deep as 1/8 inch (0.32 cm), with or 
without setal hairs.
    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.
    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.
    Zero tolerance V-shaped notch means a v-shaped notch of any size, 
with or without straight sides, with or without setal hairs.
    (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; 68 FR 56790, Oct. 
2, 2003; 71 FR 13037, Mar. 14, 2006; 73 FR 58061, Oct. 6, 2008; 74 FR 
37549, July 29, 2009]



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, 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 further set forth in 
Sec. 600.705 of this chapter and would include all regulations and 
statues administered by the National Oceanic and Atmospheric 
Administration (NOAA), including, but not limited to the regulations in 
this part issued pursuant to the ACFCMA, the regulations at 50 CFR part 
229 issued pursuant to the Marine Mammal Protection Act (MMPA) and the 
Endangered Species Act (ESA) , and the regulations at 50 CFR part 648 
issued pursuant to the Magnuson-Stevens Act.
    (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

[[Page 1022]]

by state or local law differ, any vessel owner permitted to fish in the 
EEZ must comply with the more restrictive requirement or measure.

[64 FR 68248, Dec. 6, 1999, as amended at 71 FR 13037, Mar. 14, 2006]



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 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

[[Page 1023]]

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. There are two 
exceptions to this re-designation restriction:
    (A) Vessels that have been bought, transferred, or become a 
replacement vessel for another qualified vessel may request re-
designation of the EEZ management areas within 45 days of the effective 
date of the vessel's permit; and
    (B) All vessels will have one opportunity to request a correction in 
permit category, if such request is made in writing to the Regional 
Administrator within 45 days of the effective date of the vessel's 
permit.
    (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 qualifying year 
selected in paragraph (9)(7)(vi)(A)(2).

[[Page 1024]]

    (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 proof of fishing activity that occurred in prior years;

[[Page 1025]]

    (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:
    (1) That the applicant possesses a current Federal lobster permit;

[[Page 1026]]

    (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 truthful, accurate and created contemporaneously with 
the dates identified

[[Page 1027]]

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 establishes, the Regional Administrator 
will then allocate a maximum

[[Page 1028]]

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 documents are being offered as proof of such; and

[[Page 1029]]

    (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, do not constitute grounds for hardship under this 
paragraph. Appeals based on

[[Page 1030]]

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 
American lobster permit under this section must agree, as a condition of

[[Page 1031]]

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, as well as gear, time, and area restrictions issued or set forth 
in other parts, including, but not limited to, 50 CFR parts 229 and 648. 
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

[[Page 1032]]

or trap tags required under this section. Fee amounts 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. 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

[[Page 1033]]

the renewal of the permit in subsequent years. If a vessel's Federal 
limited access American lobster permit or 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; 71 FR 13037, Mar. 14, 2006]



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

[[Page 1034]]

shall render any permit issued on the basis thereof null and void.
    (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

[[Page 1035]]

more than one partner, names of all partners having more than a 25 
percent 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.
    (n) Lobster dealer recordkeeping and reporting requirements. (1) 
Detailed report. Effective January 1, 2010, all Federally-permitted 
lobster dealers, and any person acting in the capacity of a dealer, must 
submit to the Regional Administrator or to the official designee a 
detailed report of all fish purchased or received for a commercial 
purpose, other than solely for transport on land, within the time 
periods specified in paragraph (q) of this section, or as specified

[[Page 1036]]

in Sec. 648.7(a)(1)(f) of this chapter, whichever is most restrictive, 
by one of the available electronic reporting mechanisms approved by 
NMFS, unless otherwise directed by the Regional Administrator. The 
following information, and any other information required by the 
Regional Administrator, must be provided in each report:
    (i) Required information. All dealers issued a Federal lobster 
dealer permit under this part must provide the following information, as 
well as any additional information as applicable under Sec. 
648.7(a)(1)(i) of this chapter: Dealer name; dealer permit number; name 
and permit number or name and hull number (USCG documentation number or 
state registration number, whichever is applicable) of vessel(s) from 
which fish are transferred, purchased or received for a commercial 
purpose; trip identifier for each trip from which fish are purchased or 
received from a commercial fishing vessel permitted under part 648 of 
this chapter with a mandatory vessel trip reporting requirement; date(s) 
of purchases and receipts; units of measure and amount by species (by 
market category, if applicable); price per unit by species (by market 
category, if applicable) or total value by species (by market category, 
if applicable); port landed; cage tag numbers for surfclams and ocean 
quahogs, if applicable; disposition of the seafood product; and any 
other information deemed necessary by the Regional Administrator. If no 
fish are purchased or received during a reporting week, a report so 
stating must be submitted.
    (ii) Exceptions. The following exceptions apply to reporting 
requirements for dealers permitted under this part:
    (A) Inshore Exempted Species, as defined in Sec. 648.2 of this 
chapter, are not required to be reported under this part;
    (B) When purchasing or receiving fish from a vessel landing in a 
port located outside of the Northeast Region (Maine, New Hampshire, 
Massachusetts, Connecticut, Rhode Island, New York, New Jersey, 
Pennsylvania, Maryland, Delaware, Virginia and North Carolina), only 
purchases or receipts of species managed by the Northeast Region under 
this part (American lobster), and part 648 of this chapter, must be 
reported. Other reporting requirements may apply to those species not 
managed by the Northeast Region, which are not affected by the 
provision; and
    (C) Dealers issued a permit for Atlantic bluefin tuna under part 635 
of this chapter are not required to report their purchases or receipts 
of Atlantic bluefin tuna under this part. Other reporting requirements, 
as specified in Sec. 635.5 of this chapter, apply to the receipt of 
Atlantic bluefin tuna.
    (iii) Dealer reporting requirements for skates. In addition to the 
requirements under paragraph (n)(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. NMFS will 
provide dealers with a skate species identification guide.
    (2) System requirements. All persons required to submit reports 
under paragraph (n)(1) of this section are required to have the 
capability to transmit data via the Internet. To ensure compatibility 
with the reporting system and database, dealers are required to utilize 
a personal computer, in working condition, that meets the minimum 
specifications identified by NMFS. The affected public will be notified 
of the minimum specifications via a letter to all Federal lobster dealer 
permit holders. Failure to comply with the minimum specifications 
identified in the permit holder letter are prohibited.
    (3) Annual report. All persons issued a permit under this part are 
required to submit the following information on an annual basis, on 
forms supplied by the Regional Administrator:
    (i) All dealers and processors issued a permit under this part must 
complete all sections of the Annual Processed Products Report for all 
species that were processed during the previous year. Reports must be 
submitted to the address supplied by the Regional Administrator.
    (ii) Surfclam and ocean quahog processors and dealers whose plant 
processing capacities change more than 10 percent during any year shall 
notify

[[Page 1037]]

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.
    (iv) Atlantic hagfish processors must complete and submit all 
sections of the Annual Processed Products Report.
    (o) Inspection. Upon the request of an authorized officer or an 
employee of NMFS designated by the Regional Administrator to make such 
inspections, all persons required to submit reports under this part must 
make immediately available for inspection copies of reports, and all 
records upon which those reports are or will be based, that are required 
to be submitted or kept under this part.
    (p) Record retention. Any record as defined at Sec. 648.2, related 
to fish possessed, received, or purchased by a dealer that is required 
to be reported, must be retained and be available for immediate review 
for a total of 3 years after the date the fish were first possessed, 
received, or purchased. Dealers must retain the required records and 
reports at their principal place of business.
    (q) Submitting dealer reports. (1) Detailed dealer reports required 
by paragraph (n)(1)(i) of this section must be received by midnight of 
the first Tuesday following the end of the reporting week. If no fish 
are purchased or received during a reporting week, the report so stating 
required under paragraph (n)(1)(i) of this section must be received by 
midnight of the first Tuesday following the end of the reporting week.
    (2) Dealers who want to make corrections to their trip-level reports 
via the electronic editing features may do so for up to 3 business days 
following submission of the initial report. If a correction is needed 
more than 3 business days following the submission of the initial trip-
level report, the dealer must contact NMFS directly to request an 
extension of time to make the correction.
    (3) The trip identifier required under paragraph (n)(1) of this 
section for each trip from which fish are purchased or received from a 
commercial fishing vessel permitted under part 648 of this chapter with 
a mandatory vessel trip reporting requirement must be submitted with the 
detailed report, as required under paragraph (q)(1) of this section. 
Price and disposition information may be submitted after the initial 
detailed report, but must be received within 16 days of the end of the 
reporting week.
    (4) 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.
    (5) At-sea purchasers and processors. With the exception of the 
owner or operator of an Atlantic herring carrier vessel, the owner or 
operator of an at-sea purchaser or processor that purchases or processes 
any Atlantic herring, Atlantic mackerel, squid, butterfish, scup, or 
black sea bass at sea must submit information identical to that required 
by paragraph (n)(1) of this section and provide those reports to the 
Regional Administrator or designee by the same mechanism and on the same 
frequency basis.
    (r) 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.
    (s) Additional dealer reporting requirements. All persons issued a 
lobster dealer permit under this part are subject to the reporting 
requirements set forth in paragraph (n) of this section, as well as 
Sec. Sec. 648.6 and 648.7 of this chapter, whichever is most 
restrictive.

[64 FR 68248, Dec. 6, 1999, as amended at 74 FR 37549, July 29, 2009]



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

[[Page 1038]]

the tip of the lower jaw with the mouth closed to the end of the lower 
tip of the tail) from the EEZ.
    (2) Retain any weakfish less than 12 inches (30.5 cm) in total 
length taken in or from the EEZ.
    (3) Fish for weakfish in the EEZ with a minimum mesh size less than 
3\1/4\-inch (8.3 cm) square stretch mesh (as measured between the 
centers of opposite knots when stretched taut) or 3\3/4\-inch (9.5 cm) 
diamond stretch mesh for trawls and 2\7/8\-inch (7.3 cm) stretch mesh 
for gillnets.
    (4) 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 (9.5cm) 
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, 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(a). 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

[[Page 1039]]

been removed. No 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 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 female lobster that do not 
meet the area-specific v-notch requirements set forth in Sec. 
697.20(g).
    (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),

[[Page 1040]]

(a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of 
this chapter.
    (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).
    (xxvii) Possess, deploy, fish with, haul, harvest lobster from, or 
carry aboard a vessel trap gear issued to another vessel.
    (xxviii) Fail to comply with any gear, time, or area restriction in 
this part or, as is explained in Sec. 697.3 and Sec. 697.4(b), fail to 
comply with any gear, time, or area regulation set forth in any other 
regulatory part, including part 229 and part 648.
    (xxix) Retain on board, land, or possess at or after landing, whole 
American lobsters that exceed the maximum 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.
    (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

[[Page 1041]]

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.
    (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.
    (xxi) Fail to comply with dealer record keeping and reporting 
requirements as specified in Sec. 697.6.
    (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;

[[Page 1042]]

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 in violation of the v-notch 
requirements set forth in Sec. 697.20(g), American lobsters that are 
smaller than the minimum size set forth in Sec. 697.20(a), American 
lobsters that are larger than the maximum carapace sizes 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 
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).
    (f) Atlantic red drum 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) Harvest or possess Atlantic red drum in the EEZ south of a line 
extending in a direction of 115[deg] from 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, and north of the 
demarcation line between the South Atlantic Fishery Management Council 
and the Gulf of Mexico Fishery Management Council described in Sec. 
600.105(c) of this chapter.
    (2) Fail to release immediately without further harm, all Atlantic 
red drum caught in the EEZ area described in paragraph (f)(1) of this 
section.

[64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 
FR 14502, Mar. 13, 2001; 68 FR 56790, Oct. 2, 2003; 71 FR 13037, Mar. 
14, 2006; 73 FR 11563, Mar. 4, 2008; 73 FR 58061, Oct. 6, 2008; 74 FR 
37551, July 29, 2009]



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.

[[Page 1043]]

    (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. 600.730 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.

[64 FR 68248, Dec. 6, 1999, as amended at 73 FR 67809, Nov. 17, 2008]



Sec. 697.10  Penalties.

    See Sec. 600.735 of this chapter.



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 a 
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/

[[Page 1044]]

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.



                      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[mi  67[deg]22[mi
                                                      n]N.          n]W.
B...........................................  43[deg]41[mi  68[deg]00[mi
                                                      n]N.          n]N.
C...........................................  43[deg]12[mi  69[deg]00[mi
                                                      n]N.          n]W.
D...........................................  42[deg]49[mi  69[deg]40[mi
                                                      n]N.          n]W.
E...........................................  42[deg]15.5[  70[deg]40[mi
                                                    min]N.          n]W.
F...........................................  42[deg]10[mi  69[deg]56[mi
                                                      n]N.          n]W.
G...........................................  42[deg]05.5[  70[deg]14[mi
                                                    min]N.          n]W.
G1..........................................  42[deg]04.25  70[deg]17.22
                                                   [min]N.       [min]W.
G2..........................................  42[deg]02.84  70[deg]16.1[
                                                   [min]N.        min]W.
G3..........................................  42[deg]03.35  70[deg]14.2[
                                                   [min]N.        min]W.
------------------------------------------------------------------------


[[Page 1045]]

    (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[mi  70[deg]05[mi
                                                      n]N.          n]W.
I...........................................  41[deg]15[mi  70[deg]05[mi
                                                      n]N.          n]N.
J...........................................  41[deg]21.5[  69[deg]16.5[
                                                    min]N.        min]W.
K...........................................  41[deg]10[mi  69[deg]06.5[
                                                      n]N.        min]W.
L...........................................  40[deg]55[mi  68[deg]54[mi
                                                      n]N.          n]W.
M...........................................  40[deg]27.5[  71[deg]14[mi
                                                    min]N.          n]W.
N...........................................  40[deg]45.5[  71[deg]34[mi
                                                    min]N.          n]W.
O...........................................  41[deg]07[mi  71[deg]43[mi
                                                      n]N.          n]W.
P...........................................  41[deg]06.5[  71[deg]47[mi
                                                    min]N.          n]W.
Q...........................................  41[deg]11.5[  71[deg]47.25
                                                    min]N.       [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[mi  69[deg]06.5[
                                                     n] N.       min] W.
L...........................................  40[deg]55[mi  68[deg]54[mi
                                                     n] N.         n] W.
M...........................................  40[deg]27.5[  72[deg]14[mi
                                                   min] N.         n] W.
N...........................................  40[deg]45.5[  71[deg]34[mi
                                                   min] N.         n] W.
------------------------------------------------------------------------

    (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[mi  67[deg]22[mi
                                                     n] N.         n] W.
B...........................................  43[deg]41[mi  68[deg]00[mi
                                                     n] N.         n] W.
C...........................................  43[deg]12[mi  69[deg]00[mi
                                                     n] N.         n] W.
D...........................................  42[deg]49[mi  69[deg]40[mi
                                                     n] N.         n] W.
E...........................................  42[deg]15.5[  69[deg]40[mi
                                                   min] N.         n] W.
F...........................................  42[deg]10[mi  69[deg]56[mi
                                                     n] N.         n] W.
K...........................................  41[deg]10[mi  69[deg]06.5[
                                                     n] N.       min] W.
N...........................................  40[deg]45.5[  71[deg]34[mi
                                                   min] N.         n] W.
M...........................................  40[deg]27.5[  72[deg]14[mi
                                                   min] N.         n] W.
U...........................................  40[deg]12.5[  72[deg]48.5[
                                                   min] N.       min] W.
V...........................................  39[deg]50[mi  73[deg]01[mi
                                                     n] N.         n] W.
X...........................................  38[deg]39.5[  73[deg]40[mi
                                                   min] N.         n] W.
Y...........................................  38[deg]12[mi  73[deg]55[mi
                                                     n] N.         n] W.
Z...........................................  37[deg]12[mi  74[deg]44[mi
                                                     n] N.         n] W.
ZA..........................................  35[deg]34[mi  74[deg]51[mi
                                                     n] N.         n] W.
ZB..........................................  35[deg]14.5[  75[deg]31[mi
                                                   min] N.         n] W.
ZC..........................................  35[deg]14.5[  71[deg]24[mi
                                                   min] N.         n] 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[  72[deg]14[mi
                                                    min]N.         n] W.
N...........................................  40[deg]45.5[  71[deg]34[mi
                                                   min] N.         n] W.
O...........................................  41[deg]07[mi  71[deg]43[mi
                                                     n] N.         n] W.
P...........................................  41[deg]06.5[  71[deg]47[mi
                                                   min] N.         n] W.
S...........................................  40[deg]58[mi  72[deg]00[mi
                                                     n] N.         n] W.
T...........................................  41[deg]00.5[  72[deg]00[mi
                                                   min] N.         n] W.
From Point ``T'', along the New York/New Jersey coast to Point ``W''
W...........................................  39[deg]50[mi  74[deg]09[mi
                                                     n] N.         n] W.
V...........................................  39[deg]50[mi  73[deg]01[mi
                                                     n] N.         n] W.
U...........................................  40[deg]12.5[  72[deg]48.5[
                                                   min] N.       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[mi  74[deg]09[mi
                                                      n]N.          n]W.
V1                                            39[deg]50[mi  72[deg]55[mi
                                                      n]N.          n]W.
X1                                            38[deg]38.2[  73[deg]33.8[
                                                    min]N.        min]W.
Y1                                            38[deg]10.4[  73[deg]49[mi
                                                    min]N.          n]W.
Z1                                            37[deg]10.6[  74[deg]38[mi
                                                    min]N.          n]W.
ZA1                                           35[deg]31.9[  74[deg]45.5[
                                                    min]N.        min]W.
ZB1                                           35[deg]14.5[  75[deg]19.3[
                                                    min]N.        min]W.
ZB                                            35[deg]14.5[  75[deg]31[mi
                                                    min]N.          n]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:

[[Page 1046]]



------------------------------------------------------------------------
                    Point                       Latitude      Longitude
------------------------------------------------------------------------
T...........................................  41[deg]00.5[  72[deg]00[mi
                                                   min] N.         n] W.
S...........................................  40[deg]58[mi  72[deg]00[mi
                                                     n] N.         n] 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[  71[deg]47[mi
                                                   min] N.         n] W.
Q...........................................  41[deg]11[mi  71[deg]47[mi
                                              n]30[sec] N.  n]15[sec] W.
R...........................................  41[deg]18[mi  71[deg]5[min
                                              n]30[sec] N.    ]30[sec]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[mi  69[deg]56[mi
                                                      n]N.          n]W.
G...........................................  42[deg]05.5[  70[deg]14[mi
                                                    min]N.          n]W.
G1..........................................  42[deg]04.25  70[deg]17.22
                                                   [min]N.       [min]W.
G2..........................................  42[deg]02.84  70[deg]16.1[
                                                   [min]N.        min]W.
G4..........................................  41[deg]52.[m  70[deg]07.49
                                                     in]N.       [min]W.
G5..........................................  41[deg]54.46  70[deg]03.99
                                                   [min]N.       [min]W.
------------------------------------------------------------------------

    (1) From Point ``G5'' along the outer Cape Cod coast to Point ``H'':

------------------------------------------------------------------------
                    Point                       Latitude      Longitude
------------------------------------------------------------------------
H...........................................  41[deg]40[mi  70[deg]05[mi
                                                      n]N.          n]W.
H1..........................................  41[deg]18[mi  70[deg]05[mi
                                                      n]N.          n]W.
------------------------------------------------------------------------

    (2) From Point ``H1'' along the eastern coast of Nantucket Island to 
Point ``I'':

------------------------------------------------------------------------
                    Point                       Latitude      Longitude
------------------------------------------------------------------------
I...........................................  41[deg]15[mi  70[deg]00[mi
                                                      n]N.          n]W.
J...........................................  41[deg]21.5[  69[deg]16[mi
                                                    min]N.          n]W.
------------------------------------------------------------------------

    (3) From Point ``J'' back to Point ``F''.
    (i) NMFS may, consistent with Sec. 697.25, implement management 
measures necessary for each management 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; 71 
FR 13037, Mar. 14, 2006]



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) Effective through November 3, 2007, 
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,

[[Page 1047]]

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 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 maximum trap limits identified in Table 
1, Column 2 to this part, except as noted in paragraphs (c) and (e) of 
this section.
    (2) Beginning November 4, 2007, 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 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 maximum trap limits identified in Table 1, 
Column 3, to this part, except as noted in paragraphs (c) and (e) of 
this section.
    (3) Beginning July 1, 2008, 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 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 maximum trap limits identified in Table 1, 
Column 4, to this part, except as noted in paragraphs (c) and (e) of 
this section.
    (4) Beginning July 1, 2009, 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 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 maximum trap limits identified in Table 1, 
Column 5, to this part, except as noted in paragraphs (c) and (e) of 
this section.
    (5) Beginning July 1, 2010, and beyond, 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 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 maximum trap limits identified in Table 
1, Column 6, to this part, 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 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

[[Page 1048]]

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, as amended at 72 FR 56942, Oct. 5, 2007]



Sec. 697.20  Size, harvesting and landing requirements.

    (a) Minimum carapace length. (1) The minimum carapace length for all 
American lobsters harvested in or from the EEZ Nearshore Management Area 
1or the EEZ Nearshore Management Area 6 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 fishing in or electing to fish in the Nearshore 
Management Area 1 or the EEZ Nearshore Management Area 6 is 3 \1/4\ 
inches (8.26 cm).
    (3) The minimum carapace length for all American lobsters harvested 
in or from the EEZ Nearshore Management Area 2, 4, 5 and the Outer Cape 
Lobster Management Area is 3 3/8 inches (8.57 cm).
    (4) The minimum carapace length for all American lobsters landed, 
harvested or possessed by vessels issued a Federal limited access 
American lobster permit fishing in or electing to fish in EEZ Nearshore 
Management Area 2, 4, 5 and the Outer Cape Lobster Management Area is 3 
3/8 inches (8.57 cm).
    (5) Through June 30, 2008, the minimum carapace length for all 
American lobsters harvested in or from the Offshore Management Area 3 is 
3 15/32 inches (8.81 cm).
    (6) Through June 30, 2008, the minimum carapace length for all 
American lobsters landed, harvested or possessed by vessels issued a 
Federal limited access American lobster permit fishing in or electing to 
fish in EEZ Offshore Management Area 3 is 3 15/32 inches (8.81 cm).
    (7) Effective July 1, 2008, the minimum carapace length for all 
American lobsters harvested in or from the Offshore Management Area 3 is 
3 1/2 inches (8.89 cm).

[[Page 1049]]

    (8) Effective July 1, 2008, the minimum carapace length for all 
American lobsters landed, harvested or possessed by vessels issued a 
Federal limited access American lobster permit fishing in or electing to 
fish in EEZ Offshore Management Area 3 is 3 1/2 inches (8.89 cm).
    (9) 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 (a) 
of this section.
    (b) Maximum carapace length. (1) The maximum carapace length for all 
American lobster harvested in or from the EEZ Nearshore Management Area 
1 is 5 inches (12.7 cm).
    (2) The maximum carapace length for all American lobster landed, 
harvested, or possessed by vessels issued a Federal limited access 
American lobster permit fishing in or electing to fish in the EEZ 
Nearshore Management Area 1 is 5 inches (12.7 cm).
    (3) The maximum carapace length for all American lobster harvested 
in or from the EEZ Nearshore Management Areas 2, 4, 5, and 6 is 5 1/4 
inches (13.34 cm).
    (4) The maximum carapace length for all American lobster landed, 
harvested, or possessed by vessels issued a Federal limited access 
American lobster permit fishing in or electing to fish in one or more of 
EEZ Nearshore Management Areas 2, 4, 5, and 6 is 5 1/4 inches (13.34 
cm).
    (5) The maximum carapace length for all American lobster harvested 
in or from EEZ Offshore Management Area 3 is 6 7/8 inches (17.46 cm).
    (6) The maximum carapace length for all American lobster landed, 
harvested, or possessed by vessels issued a Federal limited access 
American lobster permit fishing in or electing to fish in EEZ Offshore 
Management Area 3 is 6 7/8 inches (17.46 cm).
    (7) Effective July 1, 2010, the maximum carapace length for all 
American lobster harvested in or from EEZ Offshore Management Area 3 or 
the Outer Cape Lobster Management Area is 6 3/4 inches (17.15 cm).
    (8) Effective July 1, 2010, the maximum carapace length for all 
American lobster landed, harvested, or possessed by vessels issued a 
Federal limited access American lobster permit fishing in or electing to 
fish in EEZ Offshore Management Area 3 or the Outer Cape Lobster 
Management Area is 6 3/4 inches (17.15 cm).
    (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 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. If any berried female is 
harvested in or from the EEZ Nearshore Management Area 1, or in or from 
the EEZ Offshore Management Area 3 above 42[deg]30[min], it must be v-
notched before being 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. If any berried female is harvested in or from the EEZ 
Nearshore Management Area 1, or in or from the EEZ Offshore Management 
Area 3 above 42[deg]30[min], it must be v-notched before being 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,

[[Page 1050]]

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 on a vessel issued a Federal lobster license may 
harvest or possess any American lobster which has been speared.
    (5) No person may possess, ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any American lobster which 
has been speared.
    (g) V-notched females. (1) No person may possess any female lobster 
possessing a zero tolerance v-shaped notch harvested in or from the EEZ 
Nearshore Management Area 1.
    (2) No vessel, owner, or operator issued a Federal limited access 
American lobster permit fishing in or electing to fish in EEZ Nearshore 
Management Area 1 may land, harvest, or possess any female lobster 
possessing a zero tolerance v-shaped notch.
    (3) No person may possess any female lobster possessing a standard 
v-shaped notch harvested in or from the EEZ Nearshore Management Area 2, 
4, 5, 6, or the EEZ Offshore Management Area 3.
    (4) No vessel, owner or operator issued a Federal limited access 
American lobster permit fishing in or electing to fish in the EEZ 
Nearshore Management Area 2, 4, 5, 6 or the EEZ Offshore Management Area 
3 may land, harvest or possess any female lobster possessing a standard 
v-shaped notch.
    (5) Through June 30, 2010, no person may possess any female lobster 
possessing a 1/4-inch (0.64-cm) v-shaped notch harvested in or from the 
EEZ Outer Cape Lobster Management Area.
    (6) Through June 30, 2010, no vessel, owner or operator issued a 
Federal limited access American lobster permit fishing in or electing to 
fish in the EEZ Outer Cape Lobster Management Area may land, harvest or 
possess any female lobster possessing a 1/4-inch (0.64-cm) v-shaped 
notch.
    (7) Effective July 1, 2010, no person may possess any female lobster 
possessing a standard v-shaped notch harvested in or from the EEZ Outer 
Cape Lobster Management Area.
    (8) Effective July 1, 2010, no vessel, owner or operator issued a 
Federal limited access American lobster permit fishing in or electing to 
fish in the EEZ Outer Cape Lobster Management Area may land, harvest or 
possess any female lobster possessing a standard v-shaped notch.

[71 FR 13038, Mar. 14, 2006, as amended at 72 FR 56942, Oct. 5, 2007; 74 
FR 37551, July 29, 2009]



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

[[Page 1051]]

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 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 Nearshore Management Area 1 or the EEZ Nearshore 
Management Area 6 or, deployed or possessed by a person on or from a 
vessel issued a Federal limited access American lobster permit fishing 
in or electing to fish in the EEZ Nearshore Management Area 1 or the EEZ 
Nearshore Management Area 6, 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) All American lobster traps deployed or possessed in the EEZ 
Nearshore Management Area 2, 4, 5, and the Outer Cape Lobster Management 
Area, or, deployed or possessed by a person on or from a vessel issued a 
Federal limited access American lobster permit fishing in or electing to 
fish in the EEZ Nearshore Management Area 2, 4, 5, and the Outer Cape 
Lobster Management Area, 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 
2 inches (5.08 cm) 5 3/4 inches (14.61 cm);
    (ii) Two circular portals with unobstructed openings not less than 2 
5/8 inches (6.67 cm) in diameter.
    (3) Effective through June 30, 2010, all American lobster traps 
deployed or possessed in the EEZ Offshore Management Area 3, or deployed 
or possessed by a person on or from a vessel issued

[[Page 1052]]

a Federal limited access American lobster permit fishing in or electing 
to fish the EEZ Offshore Management Area 3, 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 
2 inches (5.08 cm) 5 3/4 inches (14.61 cm);
    (ii) Two circular portals with unobstructed openings not less than 2 
5/8 inches (6.67 cm) in diameter.
    (4) Effective July 1, 2010, all American lobster traps deployed or 
possessed in the EEZ Offshore Management Area 3, or deployed or 
possessed by a person on or from a vessel issued a Federal limited 
access American lobster permit fishing in or electing to fish in the EEZ 
Offshore Management Area 3, 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 
2 1/16 inches (5.24 cm) X 5 3/4 inches (14.61 cm);
    (ii) Two circular portals with unobstructed openings not less than 2 
11/16 inches (6.82 cm) in diameter.
    (5) 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 
paragraph (c) 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, 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

[[Page 1053]]

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 15 CFR part 904.
    (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; 71 
FR 13039, Mar. 14, 2006; 72 FR 56942, Oct. 5, 2007]



Sec. 697.22  Exempted fishing.

    The Regional Administrator or Director 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 red drum, 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 or Director may not grant such 
exemption unless it is determined that the purpose, design, and 
administration of the exemption is consistent with the objectives of any 
applicable stock rebuilding program, the provisions of the Atlantic 
Coastal Act, the Magnuson-Stevens Act, and other applicable law, and 
that granting the exemption will not:
    (1) Have a detrimental effect on the American lobster, weakfish, 
Atlantic red drum, Atlantic striped bass, 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 or Director 
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.
    (c) The Regional Administrator, or the Director, as appropriate, may 
authorize a substitute vessel to haul ashore the lobster trap gear of an 
inoperable or mechanically-impaired federally permitted lobster vessel 
without having to engage in the exempted fishing process as specified in 
this section.

[68 FR 56791, Oct. 2, 2003, as amended at 71 FR 13039, Mar. 14, 2006; 73 
FR 58061, Oct. 6, 2008]



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.
    (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

[[Page 1054]]

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[  68[deg]35.8[
                                                   min] N.       min] W.
 69.........................................  40[deg]07.9[  68[deg]36.0[
                                                   min] N.       min] W.
 70.........................................  40[deg]07.2[  68[deg]38.4[
                                                   min] N.       min] W.
 71.........................................  40[deg]06.9[  68[deg]46.5[
                                                   min] N.       min] W.
 72.........................................  40[deg]08.7[  68[deg]49.6[
                                                   min] N.       min] W.
 73.........................................  40[deg]08.1[  68[deg]51.0[
                                                   min] N.       min] W.
 74.........................................  40[deg]05.7[  68[deg]52.4[
                                                   min] N.       min] W.
 75.........................................  40[deg]03.6[  68[deg]57.2[
                                                   min] N.       min] W.
 76.........................................  40[deg]03.65  69[deg]00.0[
                                                  [min] N.       min] W.
 77.........................................  40[deg]04.35  69[deg]00.5[
                                                  [min] N.       min] W.
 78.........................................  40[deg]05.2[  69[deg]00.5[
                                                   min] N.       min] W.
 79.........................................  40[deg]05.3[  69[deg]01.1[
                                                   min] N.       min] W.
 80.........................................  40[deg]08.9[  69[deg]01.75
                                                   min] N.      [min] W.
 81.........................................  40[deg]11.0[  69[deg]03.8[
                                                   min] N.       min] W.
 82.........................................  40[deg]11.6[  69[deg]05.4[
                                                   min] N.       min] W.
 83.........................................  40[deg]10.25  69[deg]04.4[
                                                  [min] N.       min] W.
 84.........................................  40[deg]09.75  69[deg]04.15
                                                  [min] N.      [min] W.
 85.........................................  40[deg]08.45  69[deg]03.6[
                                                  [min] N.       min] W.
 86.........................................  40[deg]05.65  69[deg]03.55
                                                  [min] N.      [min] W.
 87.........................................  40[deg]04.1[  69[deg]03.9[
                                                   min] N.       min] W.
 88.........................................  40[deg]02.65  69[deg]05.6[
                                                  [min] N.       min] W.
 89.........................................  40[deg]02.00  69[deg]08.35
                                                  [min] N.      [min] W.
 90.........................................  40[deg]02.65  69[deg]11.15
                                                  [min] N.      [min] W.
 91.........................................  40[deg]00.05  69[deg]14.6[
                                                  [min] N.       min] W.
 92.........................................  39[deg]57.8[  69[deg]20.35
                                                   min] N.      [min] W.
 93.........................................  39[deg]56.65  69[deg]24.4[
                                                  [min] N.       min] W.
 94.........................................  39[deg]56.1[  69[deg]26.35
                                                   min] N.      [min] W.
 95.........................................  39[deg]56.55  69[deg]34.1[
                                                  [min] N.       min] W.
 96.........................................  39[deg]57.85  69[deg]35.5[
                                                  [min] N.       min] W.
 97.........................................  40[deg]00.65  69[deg]36.5[
                                                  [min] N.       min] W.
 98.........................................  40[deg]00.9[  69[deg]37.3[
                                                   min] N.       min] W.
 99.........................................  39[deg]59.15  69[deg]37.3[
                                                  [min] N.       min] W.
100.........................................  39[deg]58.8[  69[deg]38.45
                                                   min] N.      [min] W.
102.........................................  39[deg]56.2[  69[deg]40.2[
                                                   min] N.       min] W.
103.........................................  39[deg]55.75  69[deg]41.4[
                                                  [min] N.       min] W.
104.........................................  39[deg]56.7[  69[deg]53.6[
                                                   min] N.       min] W.
105.........................................  39[deg]57.55  69[deg]54.05
                                                  [min] N.      [min] W.
106.........................................  39[deg]57.4[  69[deg]55.9[
                                                   min] N.       min] W.
107.........................................  39[deg]56.9[  69[deg]57.45
                                                   min] N.      [min] W.
108.........................................  39[deg]58.25  70[deg]03.0[
                                                  [min] N.       min] W.
110.........................................  39[deg]59.2[  70[deg]04.9[
                                                   min] N.       min] W.
111.........................................  40[deg]00.7[  70[deg]08.7[
                                                   min] N.       min] W.
112.........................................  40[deg]03.75  70[deg]10.15
                                                  [min] N.      [min] W.
115.........................................  40[deg]05.2[  70[deg]10.9[
                                                   min] N.       min] W.
116.........................................  40[deg]02.45  70[deg]14.1[
                                                  [min] N.       min] W.
119.........................................  40[deg]02.75  70[deg]16.1[
                                                  [min] N.       min] W.
to 181......................................  39[deg]59.3[  70[deg]14.0[
                                                   min] N.       min] W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
                  Point to                      Latitude      Longitude
------------------------------------------------------------------------
 69.........................................  40[deg]07.9[  68[deg]36.0[
                                                   min] N.       min] W.
120.........................................  40[deg]06.4[  68[deg]35.8[
                                                   min] N.       min] W.
121.........................................  40[deg]05.25  68[deg]39.3[
                                                  [min] N.       min] W.
122.........................................  40[deg]05.4[  68[deg]44.5[
                                                   min] N.       min] W.
123.........................................  40[deg]06.0[  68[deg]46.5[
                                                   min] N.       min] W.
124.........................................  40[deg]07.4[  68[deg]49.6[
                                                   min] N.       min] W.
125.........................................  40[deg]05.55  68[deg]49.8[
                                                  [min] N.       min] W.
126.........................................  40[deg]03.9[  68[deg]51.7[
                                                   min] N.       min] W.
127.........................................  40[deg]02.25  68[deg]55.4[
                                                  [min] N.       min] W.
128.........................................  40[deg]02.6[  69[deg]00.0[
                                                   min] N.       min] W.
129.........................................  40[deg]02.75  69[deg]00.75
                                                  [min] N.      [min] W.
130.........................................  40[deg]04.2[  69[deg]01.75
                                                   min] N.      [min] W.
131.........................................  40[deg]06.15  69[deg]01.95
                                                  [min] N.      [min] W.
132.........................................  40[deg]07.25  69[deg]02.0[
                                                  [min] N.       min] W.
133.........................................  40[deg]08.5[  69[deg]02.25
                                                   min] N.      [min] W.
134.........................................  40[deg]09.2[  69[deg]02.95
                                                   min] N.      [min] W.
135.........................................  40[deg]09.75  69[deg]03.3[
                                                  [min] N.       min] W.
136.........................................  40[deg]09.55  69[deg]03.85
                                                  [min] N.      [min] W.
137.........................................  40[deg]08.4[  69[deg]03.4[
                                                   min] N.       min] W.
138.........................................  40[deg]07.2[  69[deg]03.3[
                                                   min] N.       min] W.
139.........................................  40[deg]06.0[  69[deg]03.1[
                                                   min] N.       min] W.
140.........................................  40[deg]05.4[  69[deg]03.05
                                                   min] N.      [min] W.
141.........................................  40[deg]04.8[  69[deg]03.05
                                                   min] N.      [min] W.
142.........................................  40[deg]03.55  69[deg]03.55
                                                  [min] N.      [min] W.
143.........................................  40[deg]01.9[  69[deg]03.95
                                                   min] N.      [min] W.
144.........................................  40[deg]01.0[  69[deg]04.4[
                                                   min] N.       min] W.
146.........................................  39[deg]59.9[  69[deg]06.25
                                                   min] N.      [min] W.
147.........................................  40[deg]00.6[  69[deg]10.05
                                                   min] N.      [min] W.
148.........................................  39[deg]59.25  69[deg]11.15
                                                  [min] N.      [min] W.
149.........................................  39[deg]57.45  69[deg]16.05
                                                  [min] N.      [min] W.
150.........................................  39[deg]56.1[  69[deg]20.1[
                                                   min] N.       min] W.
151.........................................  39[deg]54.6[  69[deg]25.65
                                                   min] N.      [min] W.
152.........................................  39[deg]54.65  69[deg]26.9[
                                                  [min] N.       min] W.
153.........................................  39[deg]54.8[  69[deg]30.95
                                                   min] N.      [min] W.
154.........................................  39[deg]54.35  69[deg]33.4[
                                                  [min] N.       min] W.
155.........................................  39[deg]55.0[  69[deg]34.9[
                                                   min] N.       min] W.
156.........................................  39[deg]56.55  69[deg]36.0[
                                                  [min] N.       min] W.
157.........................................  39[deg]57.95  69[deg]36.45
                                                  [min] N.      [min] W.
158.........................................  39[deg]58.75  69[deg]36.3[
                                                  [min] N.       min] W.
159.........................................  39[deg]58.8[  69[deg]36.95
                                                   min] N.      [min] W.
160.........................................  39[deg]57.95  69[deg]38.1[
                                                  [min] N.       min] W.
161.........................................  39[deg]54.5[  69[deg]38.25
                                                   min] N.      [min] W.
162.........................................  39[deg]53.6[  69[deg]46.5[
                                                   min] N.       min] W.
163.........................................  39[deg]54.7[  69[deg]50.0[
                                                   min] N.       min] W.
164.........................................  39[deg]55.25  69[deg]51.4[
                                                  [min] N.       min] W.
165.........................................  39[deg]55.2[  69[deg]53.1[
                                                   min] N.       min] W.
166.........................................  39[deg]54.85  69[deg]53.9[
                                                  [min] N.       min] W.
167.........................................  39[deg]55.7[  69[deg]54.9[
                                                   min] N.       min] W.
168.........................................  39[deg]56.15  69[deg]55.35
                                                  [min] N.      [min] W.
169.........................................  39[deg]56.05  69[deg]56.25
                                                  [min] N.      [min] W.
170.........................................  39[deg]55.3[  69[deg]57.1[
                                                   min] N.       min] W.
171.........................................  39[deg]54.8[  69[deg]58.6[
                                                   min] N.       min] W.
172.........................................  39[deg]56.05  70[deg]00.65
                                                  [min] N.      [min] W.
173.........................................  39[deg]55.3[  70[deg]02.95
                                                   min] N.      [min] W.
174.........................................  39[deg]56.9[  70[deg]11.3[
                                                   min] N.       min] W.
175.........................................  39[deg]58.9[  70[deg]11.5[
                                                   min] N.       min] W.
176.........................................  39[deg]59.6[  70[deg]11.1[
                                                   min] N.       min] W.
177.........................................  40[deg]01.35  70[deg]11.2[
                                                  [min] N.       min] W.
178.........................................  40[deg]02.6[  70[deg]12.0[
                                                   min] N.       min] W.
179.........................................  40[deg]00.4[  70[deg]12.3[
                                                   min] N.       min] W.
180.........................................  39[deg]59.7[  70[deg]13.05
                                                   min] N.      [min] W.
181.........................................  39[deg]59.3[  70[deg]14.0[
                                                   min] N.    min] W. to
119.........................................  40[deg]02.75  70[deg]16.1[
                                                  [min] N.       min] W.
------------------------------------------------------------------------

    (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

[[Page 1055]]

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[  70[deg]14.0[
                                                   min] N.       min] W.
49..........................................  40[deg]02.75  70[deg]16.1[
                                                  [min] N.       min] W.
50..........................................  40[deg]00.7[  70[deg]18.6[
                                                   min] N.       min] W.
51..........................................  39[deg]59.8[  70[deg]21.75
                                                   min] N.      [min] W.
52..........................................  39[deg]59.75  70[deg]25.5[
                                                  [min] N.       min] W.
53..........................................  40[deg]03.85  70[deg]28.75
                                                  [min] N.      [min] W.
54..........................................  40[deg]00.55  70[deg]32.1[
                                                  [min] N.       min] W.
55..........................................  39[deg]59.15  70[deg]34.45
                                                  [min] N.      [min] W.
56..........................................  39[deg]58.9[  70[deg]38.65
                                                   min] N.      [min] W.
57..........................................  40[deg]00.1[  70[deg]45.1[
                                                   min] N.       min] W.
58..........................................  40[deg]00.5[  70[deg]57.6[
                                                   min] N.       min] W.
59..........................................  40[deg]02.0[  71[deg]01.3[
                                                   min] N.       min] W.
60..........................................  39[deg]59.3[  71[deg]18.4[
                                                   min] N.       min] W.
61..........................................  40[deg]00.7[  71[deg]19.8[
                                                   min] N.       min] W.
62..........................................  39[deg]57.5[  71[deg]20.6[
                                                   min] N.       min] W.
63..........................................  39[deg]53.1[  71[deg]36.1[
                                                   min] N.       min] W.
64..........................................  39[deg]52.6[  71[deg]40.35
                                                   min] N.      [min] W.
65..........................................  39[deg]53.1[   71[deg]42.7
                                                   min] N.            W.
66..........................................  39[deg]46.95  71[deg]49.0[
                                                  [min] N.       min] W.
67..........................................  39[deg]41.15  71[deg]57.1[
                                                  [min] N.       min] W.
68..........................................  39[deg]35.45  72[deg]02.0[
                                                  [min] N.       min] W.
69..........................................  39[deg]32.65  72[deg]06.1[
                                                  [min] N.       min] W.
70..........................................  39[deg]29.75  72[deg]09.8[
                                                  [min] N.       min] W.
to 48.......................................  39[deg]29.0[  72[deg]09.25
                                                   min] N.      [min] W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
                  Point to                      Latitude      Longitude
------------------------------------------------------------------------
49..........................................  40[deg]02.75  70[deg]16.1[
                                                  [min] N.       min] W.
 1..........................................  39[deg]59.3[  70[deg]14.0[
                                                   min] N.       min] W.
 2..........................................  39[deg]58.85  70[deg]15.2[
                                                  [min] N.       min] W.
 3..........................................  39[deg]59.3[  70[deg]18.4[
                                                   min] N.       min] W.
 4..........................................  39[deg]58.1[  70[deg]19.4[
                                                   min] N.       min] W.
 5..........................................  39[deg]57.0[  70[deg]19.85
                                                   min] N.      [min] W.
 6..........................................  39[deg]57.55  70[deg]21.25
                                                  [min] N.      [min] W.
 7..........................................  39[deg]57.5[  70[deg]22.8[
                                                   min] N.       min] W.
 8..........................................  39[deg]57.1[  70[deg]25.4[
                                                   min] N.       min] W.
 9..........................................  39[deg]57.65  70[deg]27.05
                                                  [min] N.      [min] W.
10..........................................  39[deg]58.58  70[deg]27.7[
                                                  [min] N.       min] W.
11..........................................  40[deg]00.65  70[deg]28.8[
                                                  [min] N.       min] W.
12..........................................  40[deg]02.2[  70[deg]29.15
                                                   min] N.      [min] W.
13..........................................  40[deg]01.0[  70[deg]30.2[
                                                   min] N.       min] W.
14..........................................  39[deg]58.58  70[deg]31.85
                                                  [min] N.      [min] W.
15..........................................  39[deg]57.05  70[deg]34.35
                                                  [min] N.      [min] W.
16..........................................  39[deg]56.42  70[deg]36.8[
                                                  [min] N.       min] W.
21..........................................  39[deg]58.15  70[deg]48.0[
                                                  [min] N.       min] W.
24..........................................  39[deg]58.3[  70[deg]51.1[
                                                   min] N.       min] W.
25..........................................  39[deg]58.1[  70[deg]52.25
                                                   min] N.      [min] W.
26..........................................  39[deg]58.05  70[deg]53.55
                                                  [min] N.      [min] W.
27..........................................  39[deg]58.4[  70[deg]59.6[
                                                   min] N.       min] W.
28..........................................  39[deg]59.8[  71[deg]01.05
                                                   min] N.      [min] W.
29..........................................  39[deg]58.2[  71[deg]05.85
                                                   min] N.      [min] W.
30..........................................  39[deg]57.45  71[deg]12.15
                                                  [min] N.      [min] W.
31..........................................  39[deg]57.2[  71[deg]15.0[
                                                   min] N.       min] W.
32..........................................  39[deg]56.3[  71[deg]18.95
                                                   min] N.      [min] W.
33..........................................  39[deg]51.4[  71[deg]36.1[
                                                   min] N.       min] W.
34..........................................  39[deg]51.75  71[deg]41.5[
                                                  [min] N.       min] W.
35..........................................  39[deg]50.05  71[deg]42.5[
                                                  [min] N.       min] W.
36..........................................  39[deg]50.0[  71[deg]45.0[
                                                   min] N.       min] W.
37..........................................  39[deg]48.95  71[deg]46.05
                                                  [min] N.      [min] W.
38..........................................  39[deg]46.6[  71[deg]46.1[
                                                   min] N.       min] W.
39..........................................  39[deg]43.5[  71[deg]49.4[
                                                   min] N.       min] W.
40..........................................  39[deg]41.3[  71[deg]55.0[
                                                   min] N.       min] W.
41..........................................  39[deg]39.0[  71[deg]55.6[
                                                   min] N.       min] W.
42..........................................  39[deg]36.72  71[deg]58.25
                                                  [min] N.      [min] W.
43..........................................  39[deg]35.15  71[deg]58.55
                                                  [min] N.      [min] W.
44..........................................  39[deg]34.5[  72[deg]00.75
                                                   min] N.      [min] W.
45..........................................  39[deg]32.2[  72[deg]02.25
                                                   min] N.      [min] W.
46..........................................  39[deg]32.15  72[deg]04.1[
                                                  [min] N.       min] W.
47..........................................  39[deg]28.5[  72[deg]06.5[
                                                   min] N.       min] W.
48..........................................  39[deg]29.0[  72[deg]09.25
                                                   min] N.      [min] W.
to 70.......................................  39[deg]29.75  72[deg]09.8[
                                                  [min] N.       min] W.
------------------------------------------------------------------------

    (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:

                            Inshore Boundary
------------------------------------------------------------------------
                  Point to                      Latitude      Longitude
------------------------------------------------------------------------
 49.........................................  40[deg]02.75  70[deg]16.1[
                                                  [min] N.       min] W.
182.........................................  40[deg]05.6[  70[deg]17.7[
                                                   min] N.       min] W.
183.........................................  40[deg]06.5[  70[deg]40.05
                                                   min] N.      [min] W.
184.........................................  40[deg]11.05  70[deg]45.8[
                                                  [min] N.       min] W.
185.........................................  40[deg]12.75  70[deg]55.05
                                                  [min] N.      [min] W.
186.........................................  40[deg]10.7[  71[deg]10.25
                                                   min] N.      [min] W.
187.........................................  39[deg]57.9[  71[deg]28.7[
                                                   min] N.       min] W.
188.........................................  39[deg]55.6[  71[deg]41.2[
                                                   min] N.       min] W.
189.........................................  39[deg]55.85  71[deg]45.0[
                                                  [min] N.       min] W.
190.........................................  39[deg]53.75  71[deg]52.25
                                                  [min] N.      [min] W.
191.........................................  39[deg]47.2[  72[deg]01.6[
                                                   min] N.       min] W.
192.........................................  39[deg]33.65  72[deg]15.0[
                                                  [min] N.       min] W.
to 70.......................................  39[deg]29.75  72[deg]09.8[
                                                  [min] N.       min] W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
                  Point to                      Latitude      Longitude
------------------------------------------------------------------------
182.........................................  40[deg]05.6[  70[deg]17.7[
                                                   min] N.       min] W.

[[Page 1056]]

 
 49.........................................  40[deg]02.75  70[deg]16.1[
                                                  [min] N.       min] W.
 50.........................................  40[deg]00.7[  70[deg]18.6[
                                                   min] N.       min] W.
 51.........................................  39[deg]59.8[  70[deg]21.75
                                                   min] N.      [min] W.
 52.........................................  39[deg]59.75  70[deg]25.5[
                                                  [min] N.       min] W.
 53.........................................  40[deg]03.85  70[deg]28.75
                                                  [min] N.      [min] W.
 54.........................................  40[deg]00.55  70[deg]32.1[
                                                  [min] N.       min] W.
 55.........................................  39[deg]59.15  70[deg]34.45
                                                  [min] N.      [min] W.
 56.........................................  39[deg]58.9[  70[deg]38.6[
                                                   min] N.       min] W.
 57.........................................  40[deg]00.1[  70[deg]45.1[
                                                   min] N.       min] W.
 58.........................................  40[deg]00.5[  70[deg]57.6[
                                                   min] N.       min] W.
 59.........................................  40[deg]02.0[  71[deg]01.3[
                                                   min] N.       min] W.
 60.........................................  39[deg]59.3[  71[deg]18.4[
                                                   min] N.       min] W.
 61.........................................  40[deg]00.7[  71[deg]19.8[
                                                   min] N.       min] W.
 62.........................................  39[deg]57.5[  71[deg]20.6[
                                                   min] N.       min] W.
 63.........................................  39[deg]53.1[  71[deg]36.1[
                                                   min] N.       min] W.
 64.........................................  39[deg]52.6[  71[deg]40.35
                                                   min] N.      [min] W.
 65.........................................  39[deg]53.1[  71[deg]42.7[
                                                   min] N.       min] W.
 66.........................................  39[deg]46.95  71[deg]49.0[
                                                  [min] N.       min] W.
 67.........................................  39[deg]41.15  71[deg]57.1[
                                                  [min] N.       min] W.
 68.........................................  39[deg]35.45   72[deg]02.0
                                                  [min] N.            W.
 69.........................................  39[deg]32.65  72[deg]06.1[
                                                  [min] N.       min] W.
 70.........................................  39[deg]29.75  72[deg]09.8[
                                                  [min] N.       min] W.
to 192......................................  39[deg]33.65  72[deg]15.0[
                                                  [min] N.       min] W.
------------------------------------------------------------------------

    (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  68[deg]40.60
                                                  [min] N.      [min] W.
194.........................................  40[deg]11.60  68[deg]53.00
                                                  [min] N.      [min] W.
195.........................................  40[deg]14.00  69[deg]04.70
                                                  [min] N.      [min] W.
196.........................................  40[deg]14.30  69[deg]05.80
                                                  [min] N.      [min] W.
197.........................................  40[deg]05.50  69[deg]09.00
                                                  [min] N.      [min] W.
198.........................................  39[deg]57.30  69[deg]25.10
                                                  [min] N.      [min] W.
199.........................................  40[deg]00.40  69[deg]35.20
                                                  [min] N.      [min] W.
200.........................................  40[deg]01.70  69[deg]35.40
                                                  [min] N.      [min] W.
201.........................................  40[deg]01.70  69[deg]37.40
                                                  [min] N.      [min] W.
202.........................................  40[deg]00.50  69[deg]38.80
                                                  [min] N.      [min] W.
203.........................................  40[deg]01.30  69[deg]45.00
                                                  [min] N.      [min] W.
204.........................................  40[deg]02.10  70[deg]45.00
                                                  [min] N.      [min] W.
205.........................................  40[deg]07.60  70[deg]04.50
                                                  [min] N.      [min] W.
206.........................................  40[deg]07.80  70[deg]09.20
                                                  [min] N.      [min] W.
to 119......................................  40[deg]02.75  70[deg]16.1[
                                                  [min] N.       min] W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
                  Point to                      Latitude      Longitude
------------------------------------------------------------------------
193.........................................  40[deg]13.60  68[deg]40.60
                                                  [min] N.      [min] W.
 69.........................................  40[deg]07.90  68[deg]36.00
                                                  [min] N.      [min] W.
 70.........................................  40[deg]07.20  68[deg]38.40
                                                  [min] N.      [min] W.
 71.........................................  40[deg]06.90  68[deg]46.50
                                                  [min] N.      [min] W.
 72.........................................  40[deg]08.70  68[deg]49.60
                                                  [min] N.      [min] W.
 73.........................................  40[deg]08.10  68[deg]51.00
                                                  [min] N.      [min] W.
 74.........................................  40[deg]05.70  68[deg]52.40
                                                  [min] N.      [min] W.
 75.........................................  40[deg]03.60  68[deg]57.20
                                                  [min] N.      [min] W.
 76.........................................  40[deg]03.65  69[deg]00.00
                                                  [min] N.      [min] W.
 77.........................................  40[deg]04.35  69[deg]00.50
                                                  [min] N.      [min] W.
 78.........................................  40[deg]05.20  69[deg]00.50
                                                  [min] N.      [min] W.
 79.........................................  40[deg]05.30  69[deg]01.10
                                                  [min] N.      [min] W.
 80.........................................  40[deg]08.90  69[deg]01.75
                                                  [min] N.      [min] W.
 81.........................................  40[deg]11.00  69[deg]03.80
                                                  [min] N.      [min] W.
 82.........................................  40[deg]11.60  69[deg]05.40
                                                  [min] N.      [min] W.
 83.........................................  40[deg]10.25  69[deg]04.40
                                                  [min] N.      [min] W.
 84.........................................  40[deg]09.75  69[deg]04.15
                                                  [min] N.      [min] W.
 85.........................................  40[deg]08.45  69[deg]03.60
                                                  [min] N.      [min] W.
 86.........................................  40[deg]05.65  69[deg]03.55
                                                  [min] N.      [min] W.
 87.........................................  40[deg]04.10  69[deg]03.90
                                                  [min] N.      [min] W.
 88.........................................  40[deg]02.65  69[deg]05.60
                                                  [min] N.      [min] W.
 89.........................................  40[deg]02.00  69[deg]08.35
                                                  [min] N.      [min] W.
 90.........................................  40[deg]02.65  69[deg]11.15
                                                  [min] N.      [min] W.
 91.........................................  40[deg]00.05  69[deg]14.60
                                                  [min] N.      [min] W.
 92.........................................  39[deg]57.80  69[deg]20.35
                                                  [min] N.      [min] W.
 93.........................................  39[deg]56.75  69[deg]24.40
                                                  [min] N.      [min] W.
 94.........................................  39[deg]56.50  69[deg]26.35
                                                  [min] N.      [min] W.
 95.........................................  39[deg]56.80  69[deg]34.10
                                                  [min] N.       [min]W.
 96.........................................  39[deg]57.85  69[deg]35.05
                                                  [min] N.       [min]W.
 97.........................................  40[deg]00.65  69[deg]36.50
                                                  [min] N.       [min]W.
 98.........................................  40[deg]00.90  69[deg]37.30
                                                  [min] N.       [min]W.
 99.........................................  39[deg]59.15  69[deg]37.30
                                                        N.       [min]W.
100.........................................  39[deg]58.80  69[deg]38.45
                                                  [min] N.       [min]W.
102.........................................  39[deg]56.20  69[deg]40.20
                                                  [min] N.       [min]W.
103.........................................  39[deg]55.75  69[deg]41.40
                                                  [min] N.       [min]W.
104.........................................  39[deg]56.70  69[deg]53.60
                                                  [min] N.       [min]W.
105.........................................  39[deg]57.55  69[deg]54.05
                                                  [min] N.       [min]W.
106.........................................  39[deg]57.40  69[deg]55.90
                                                  [min] N.       [min]W.
107.........................................  39[deg]56.90  69[deg]57.45
                                                  [min] N.       [min]W.
108.........................................  39[deg]58.25  70[deg]03.00
                                                  [min] N.       [min]W.
110.........................................  39[deg]59.20  70[deg]04.90
                                                  [min] N.       [min]W.
111.........................................  40[deg]00.70  70[deg]08.70
                                                  [min] N.       [min]W.
112.........................................  40[deg]03.75  70[deg]10.15
                                                  [min] N.       [min]W.
115.........................................  40[deg]05.20  70[deg]10.90
                                                  [min] N.       [min]W.
116.........................................  40[deg]02.45  70[deg]14.1[
                                                  [min] N.        min]W.
119.........................................  40[deg]02.75  70[deg]16.1[
                                                  [min] N.       min] W.
to 206......................................  40[deg]07.80  70[deg]09.20
                                                  [min] N.      [min] 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:
    (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.

[[Page 1057]]

    (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 
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.

[[Page 1058]]

    (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]



        Sec. Table 1 to Part 697--Area 3 Trap Reduction Schedule

--------------------------------------------------------------------------------------------------------------------------------------------------------
     HISTORIC Trap Allocation       Year 2006 Trap       Year 1 - 5% Trap          Year 2 - 5% Trap        Year 3- 2.5% Trap        Year 4 - 2.5% Trap
----------------------------------    Allocation       Reduction Effective       Reduction Effective      Reduction Effective      Reduction Effective
                                  -----------------       November 2007              July 1, 2008             July 1, 2009             July 1, 2010
             Column 1                              -----------------------------------------------------------------------------------------------------
                                       Column 2              Column 3                  Column 4                 Column 5                 Column 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
200                                200              190                        181                      176                      172
--------------------------------------------------------------------------------------------------------------------------------------------------------
240                                240              228                        217                      211                      206
--------------------------------------------------------------------------------------------------------------------------------------------------------
250                                250              238                        226                      220                      214
--------------------------------------------------------------------------------------------------------------------------------------------------------
264                                264              251                        238                      232                      226
--------------------------------------------------------------------------------------------------------------------------------------------------------
300                                300              285                        271                      264                      257
--------------------------------------------------------------------------------------------------------------------------------------------------------
320                                320              304                        289                      282                      275
--------------------------------------------------------------------------------------------------------------------------------------------------------
325                                325              309                        293                      286                      279
--------------------------------------------------------------------------------------------------------------------------------------------------------
360                                360              342                        325                      317                      309
--------------------------------------------------------------------------------------------------------------------------------------------------------
370                                370              352                        334                      326                      317
--------------------------------------------------------------------------------------------------------------------------------------------------------
400                                400              380                        361                      352                      343
--------------------------------------------------------------------------------------------------------------------------------------------------------
450                                450              428                        406                      396                      386
--------------------------------------------------------------------------------------------------------------------------------------------------------
480                                480              456                        433                      422                      412
--------------------------------------------------------------------------------------------------------------------------------------------------------
500                                500              475                        451                      440                      429
--------------------------------------------------------------------------------------------------------------------------------------------------------
590                                590              561                        532                      519                      506
--------------------------------------------------------------------------------------------------------------------------------------------------------
600                                600              570                        542                      528                      515
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 1059]]

 
700                                700              665                        632                      616                      601
--------------------------------------------------------------------------------------------------------------------------------------------------------
720                                720              684                        650                      634                      618
--------------------------------------------------------------------------------------------------------------------------------------------------------
768                                768              730                        693                      676                      659
--------------------------------------------------------------------------------------------------------------------------------------------------------
800                                800              760                        722                      704                      686
--------------------------------------------------------------------------------------------------------------------------------------------------------
883                                883              839                        797                      777                      758
--------------------------------------------------------------------------------------------------------------------------------------------------------
900                                900              855                        812                      792                      772
--------------------------------------------------------------------------------------------------------------------------------------------------------
930                                930              884                        839                      818                      798
--------------------------------------------------------------------------------------------------------------------------------------------------------
1000                               1000             950                        903                      880                      858
--------------------------------------------------------------------------------------------------------------------------------------------------------
1004                               1004             954                        906                      883                      861
--------------------------------------------------------------------------------------------------------------------------------------------------------
1020                               1020             969                        921                      898                      875
--------------------------------------------------------------------------------------------------------------------------------------------------------
1100                               1100             1045                       993                      968                      944
--------------------------------------------------------------------------------------------------------------------------------------------------------
1150                               1150             1093                       1038                     1012                     987
--------------------------------------------------------------------------------------------------------------------------------------------------------
1170                               1170             1112                       1056                     1030                     1004
--------------------------------------------------------------------------------------------------------------------------------------------------------
1200-1299                          1200             1140                       1083                     1056                     1030
--------------------------------------------------------------------------------------------------------------------------------------------------------
1300-1399                          1200             1140                       1083                     1056                     1030
--------------------------------------------------------------------------------------------------------------------------------------------------------
1400-1499                          1200             1140                       1083                     1056                     1030
--------------------------------------------------------------------------------------------------------------------------------------------------------
1500-1599                          1276             1212                       1152                     1123                     1095
--------------------------------------------------------------------------------------------------------------------------------------------------------
1600-1699                          1352             1284                       1220                     1190                     1160
--------------------------------------------------------------------------------------------------------------------------------------------------------
1700-1799                          1417             1346                       1279                     1247                     1216
--------------------------------------------------------------------------------------------------------------------------------------------------------
1800-1899                          1482             1408                       1338                     1304                     1271
--------------------------------------------------------------------------------------------------------------------------------------------------------
1900-1999                          1549             1472                       1398                     1363                     1329
--------------------------------------------------------------------------------------------------------------------------------------------------------
2000-2099                          1616             1535                       1458                     1422                     1386
--------------------------------------------------------------------------------------------------------------------------------------------------------
2100-2199                          1674             1590                       1511                     1473                     1436
--------------------------------------------------------------------------------------------------------------------------------------------------------
2200-2299                          1732             1645                       1563                     1524                     1486
--------------------------------------------------------------------------------------------------------------------------------------------------------
2300-2399                          1789             1700                       1615                     1574                     1535
--------------------------------------------------------------------------------------------------------------------------------------------------------
2400-2499                          1845             1845                       1753                     1623                     1583
--------------------------------------------------------------------------------------------------------------------------------------------------------
2500-2599                          1897             1802                       1712                     1669                     1628
--------------------------------------------------------------------------------------------------------------------------------------------------------
2600-2699                          1949             1852                       1759                     1715                     1672
--------------------------------------------------------------------------------------------------------------------------------------------------------
2700-2799                          2000             1900                       1805                     1760                     1716
--------------------------------------------------------------------------------------------------------------------------------------------------------
2800-2899                          2050             1948                       1850                     1804                     1759
--------------------------------------------------------------------------------------------------------------------------------------------------------
2900-2999                          2100             1995                       1895                     1848                     1802
--------------------------------------------------------------------------------------------------------------------------------------------------------
3000-3099                          2150             2043                       1940                     1892                     1845
--------------------------------------------------------------------------------------------------------------------------------------------------------
3100-3199                          2209             2099                       1994                     1944                     1895
--------------------------------------------------------------------------------------------------------------------------------------------------------
3199                    2267             2154                       2046                     1995                     1945
--------------------------------------------------------------------------------------------------------------------------------------------------------


[72 FR 56943, Oct. 5, 2007]

[[Page 1061]]



                              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.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 1063]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2010)

                      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--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)

[[Page 1064]]

     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       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 (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      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 (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)

[[Page 1065]]

        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
     LXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 8200--8299)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 8700--8799)
    LXXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 9200--9299)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

[[Page 1066]]

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         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)

[[Page 1067]]

    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and 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)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 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)

[[Page 1068]]

         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      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)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       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)

[[Page 1069]]

       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)
            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)

[[Page 1070]]

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. 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  U.S. 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 Service, 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)

[[Page 1071]]

        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)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, 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)

[[Page 1072]]

        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)
         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)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099)
       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 (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

[[Page 1073]]

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        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)
      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)

[[Page 1074]]

                      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)
            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)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     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)

[[Page 1075]]

    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)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             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)
        VI  [Reserved]
       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)

[[Page 1076]]

        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 (Parts 1500--
                1599)
       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)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)
        II  Armed Forces Retirement Home

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        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)

[[Page 1077]]

        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
 Chapters 
   62--100  [Reserved]
            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)
 Chapters 
  103--104  [Reserved]
       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)
 Chapters 
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       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)

[[Page 1078]]

       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             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)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

[[Page 1079]]

                          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)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Health and Human Services (Parts 300--399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  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)

[[Page 1080]]

        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        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 [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                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  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

[[Page 1081]]

                   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 1083]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2010)

                                                  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              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 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
  National Institute of Food and Agriculture.     7, XXXIV
  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, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  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
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 1084]]

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                       5, LXVIII; 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, IV
       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
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 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
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 1085]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 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
Election Assistance Commission                    2, LVIII; 11, II
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                   2, XV; 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

[[Page 1086]]

  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 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 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 Agency                    5, LXXX; 12, XII
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 Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61

[[Page 1087]]

  Federal Acquisition Regulation                  48, 5
  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 Accountability Office                  4, I
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          2, III; 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
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 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
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 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
[[Page 1088]]

Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
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
  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            2, XIV; 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 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
Investment Security, Office of                    31, VIII
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                                2, XXVII; 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

[[Page 1089]]

  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
  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
  Copyright Royalty Board                         37, III
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, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
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
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 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      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
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 Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture.       7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
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                       2, XXV; 5, XLIII; 45, VI

[[Page 1090]]

  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, IV
     Administration
National Transportation Safety Board              49, VIII
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
Nuclear Regulatory Commission                     2, XX; 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
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
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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
Recovery Accountability and Transparency Board    4, II
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
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
[[Page 1091]]

Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 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
Special Inspector General for Iraq                5, LXXXVII
     Reconstruction
State Department                                  2, VI; 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
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                     2, XII; 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; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  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 Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, 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                       2, VIII; 38, I

[[Page 1092]]

  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 1093]]



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
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
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

[[Page 1094]]

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
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

[[Page 1095]]

    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
    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

[[Page 1096]]

                                  2002

50 CFR
                                                                   67 FR
                                                                    Page
Chapter VI
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
    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

[[Page 1097]]

    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
    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
    (d)(15) 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

[[Page 1098]]

    (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
    (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
    (a) 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
    (c) and (d) 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
    (c)(4), (d)(4), and (h)(1) amended; eff. to 12-31-07...........79738
679.60-679.65 (Subpart F) added; eff. to 12-31-07..................79734

[[Page 1099]]

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

                                  2003

50 CFR
                                                                   68 FR
                                                                    Page
Chapter VI
660 Technical correction.......................4719, 18167, 27004, 35575
    Fishery management measures.......23901, 23913, 32680, 40187, 41085, 
         42643, 43474, 46113, 49721, 52703, 53053, 57379, 60865, 61373, 
                                                            61634, 66355
    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, 62381
660.303 Revised....................................................62381
660.304 (a) through (f) suspended; (g) through (j) added 
        (temporary)..................................................934
    Heading, (a) heading, (b), (c) and (d) revised.................11231
    Correctly revised..............................................23924
    Revised........................................................62382
660.306 (z), (aa) and (bb) added...................................62383
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
    (b)(7) added...................................................62384
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
660.359 Added......................................................62384
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, 56788, 57381, 57636, 57837, 58037, 58038, 59546, 
                  59748, 59889, 67379, 67964, 68265, 69048, 69049, 75147
    Fishery management measures.......24668, 51928, 51929, 51931, 53687, 
                                              57634, 59345, 69047, 71036
    Authority citation revised................................6836, 9905
679.2 Amended...................................209, 18162, 44480, 69976
    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
    (l)(7) added...................................................59890
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
    (d)(16) revised................................................69976

[[Page 1100]]

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
    (a)(7)(i)(C), (ii)(B), (C) and (iii)(A) revised................67092
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
    (e)(5)(i) introductory text revised; (e)(5)(iv) added..........67093
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
    Introductory text and (f) revised..............................69976
679.32 (e) removed...................................................215
    (f)(1) revised; (f)(2) removed; (f)(3), (4) and (5) 
redesignated as (f)(2), (3) and (4)................................44487
    (c)(1)(i) revised..............................................69977
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
    (g)(1)(iii)(A), (B), (C), (2), (iii)(B) and (C) revised; 
(g)(3) added.......................................................58041
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 Figure 6 correctly revised..............................20084, 23925
    Figure 21 added................................................11006
    Tables 4, 5 and 6 revised; Table 12 added; Tables 13 and 21 
through 24 removed...................................................215
    Tables 4, 5 and 6 revised......................................24618
    Table 5 revised................................................31631
    Table 14a and 14b revised......................................44487
    Tables 14a and 14b corrected...................................51712
697 Authority citation revised.....................................56790
697.2 Amended...............................................14925, 56790
697.4 (a)(7)(ii) revised; (a)(7)(vi) through (x) and (f)(1)(v) 
        added......................................................14925
697.7 (a)(4) and (7) Revised.......................................56790
697.18 (a), (b), and (h) revised...................................14930
697.19 Revised.....................................................14930
697.22 Revised.....................................................56791
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

                                  2004

50 CFR
                                                                   69 FR
                                                                    Page
Title 50 Nomenclature change.......................................18803
Chapter VI
660 Technical correction............................................4085
    Fishery management measures........8572, 23440, 23667, 25013, 25026, 
         28086, 29464, 38857, 40805, 43345, 51012, 51609, 52448, 55360, 
                                       59816, 61768, 63332, 63333, 64501
    Temporary regulations......29905, 31758, 40817, 52449, 53362, 54047, 
                                       65093, 67508, 67509, 67510, 67285
660.1 (c) amended..................................................53362
660.11 (b) revised; (c) added.......................................8341
660.12 Amended...............................................8341, 17350
660.13 (a), (e), (f)(2) and (g)(1) revised; (c)(1) and (2) amended
                                                                    8342
660.14 (a), (b), and (g) revised; (f)(4) added......................8343
660.15 (f) and (k) revised; (l) added...............................8343
660.18 Added........................................................8343
660.21 (m) and (n) removed.........................................17350

[[Page 1101]]

660.22 (hh) and (ii) added; (ff), (gg) and (jj) through (tt) 
        revised....................................................17350
660.23 (a) revised.................................................17351
660.32 (a)(1), (b)(1), (2) and (3) revised; (a)(2) and (3) 
        removed; (a)(4) and (5) redesignated as (a)(2) and (3); 
        new (a)(4) added...........................................17351
660.33 Revised.....................................................17352
660.34 Revised.....................................................17354
660.35 (a)(10) added...............................................17354
660.36 Removed.....................................................17354
660.68 Revised.....................................................51401
660.301 Revised....................................................42347
660.302 Amended (temporary).........................................1378
    Amended........................................................11123
    Amended; interim...............................................31755
    Amended........................................................42347
    Amended; eff. 10-28-04.........................................57881
    Corrected......................................................61158
    Amended........................................................77026
660.303 (d)(l) and (5)(i)(D) revised (temporary)....................1378
    (d)(1) and (5)(i)(D) added.....................................11124
    (b) revised; interim...........................................31755
    (a) and (d)(2) revised.........................................42348
660.304 (b) revised (temporary).....................................1378
    Second (c)(2), (d) and (e) redesignated as (c)(2)(ii), (3) and 
(d); (b) added.....................................................11124
    Removed........................................................42348
660.306 (b), (aa) and (bb) revised (temporary)......................1378
    (b), (aa), (bb) and (cc) added.................................11124
    Revised........................................................42348
    (a)(6) and (7) revised; (a)(12) added..........................77029
660.310 Redesignated from 660.322; heading and (b)(5) revised......42350
    Removed........................................................77029
660.312 Redesignated from 660.359; (d)(4) introductory text and 
        (4)(iv) revised; (d)(7) amended............................42350
660.314 Redesignated from 660.360; (c)(2)(ii), (d)(2) and (3)((i) 
        amended....................................................42350
    (f)(3)(ii)(B)(i), (ii) and (iii) redesignated as 
(f)(3)(ii)(B)(1), (2) and (3); eff. 10-28-04.......................57881
660.320 Redesignated from 660.332..................................42350
660.321 Removed; eff. 10-28-04.....................................57881
    Added..........................................................77029
660.322 Redesignated as 660.310....................................42350
    Added..........................................................77029
660.323 (c) introductory text revised (temporary)...................1378
    (c) introductory text added....................................11124
    Revised........................................................42350
    (b)(1)(i) and (ii) added; eff. through 1-31-05.................46450
    (a) revised....................................................77029
660.332 Redesignated as 660.320....................................42350
660.334 (b), (c)(1)(i) and (d)(1) revised..........................42351
    (d)(1)(i) and (ii) added; eff. 10-28-04........................57881
660.335 (e)(3)(i) revised..........................................11124
    (c) revised....................................................42351
660.350 (a)(6) revised.............................................42351
660.359 Redesignated as 660.312....................................42350
660.360 (c)(1), (d)(1)(i), (3)(ii), (iii), (9), (e) and (f) added; 
        (g), (h) and (i) removed; (j) redesignated as new (g); 
        (g)(1)(iii) through (vii) added; interim...................31755
    Redesignated as 660.314........................................42350
660.365 Redesignated from 660.370..................................42351
    Introductory text and (e) through (h) added; eff. 10-28-04.....57882
    (c) revised....................................................77029
660.370 Added.......................................................8874
    (a) and (b) added..............................................11124
    Revised........................................................19357
    Redesignated as 660.365; new 660.370 added.....................42351
    (a), (c) introductory text, (1), (d) and (f) revised; (g) and 
(h) added..........................................................77029
660.371 Added......................................................42352
    Revised........................................................77032
660.372 Added......................................................42352
    Introductory text, (b)(1), (3)(i) and (c) revised; (b)(3)(ii) 
removed; (b)(3)(iii) and (iv) redesignated as (b)(3)(ii) and (iii)
                                                                   77032
660.373 Added......................................................42353
    (h)(3) revised; eff. 10-28-04..................................57882
    (b)(1)(iii), (3), (4) and (d)(1) added.........................77033
660.380 Added......................................................77033
660.381 Added......................................................77033
660.382 Added......................................................77035
660.383 Added......................................................77036
660.384 Added......................................................77038
660.385 Added......................................................77041
660.390 Added......................................................42355
    Revised........................................................77041

[[Page 1102]]

660.301--660.390 (Subpart G) Tables 1 through 5 added..............77081
660.391 Added......................................................77042
660.392 Added......................................................77051
660.393 Added......................................................77059
660.394 Added......................................................77069
660.601--660.609 (Subpart J) Added..................................8343
660.701--660.720 (Subpart K) Added.................................18453
660.704 OMB number pending.........................................18453
660.707 OMB number pending.........................................18453
660.708 OMB number pending.........................................18453
660.712 (d) and (f) OMB number pending.............................18453
    (e) eff. 1-1-05................................................33582
660 Tables 3 and 4 added............................................8346
679 Temporary regulations......2849, 2850, 3852, 5298, 5299, 5934, 6199, 
         7703, 7704, 8874, 9240, 9241, 9242, 9261, 11545, 11819, 12569, 
         12570, 12980, 13496, 13758, 15734, 16833, 16834, 17982, 19116, 
         19358, 19776, 20833, 23160, 23450, 26320, 32283, 32284, 41984, 
         42122, 42355, 43536, 43537, 44472, 44473, 44973, 45613, 46108, 
         46109, 46451, 47025, 47026, 51013, 51014, 52209, 53364, 53653, 
         54594, 55360, 55782, 55783, 55784, 55995, 57654, 57655, 57882, 
         58367, 59834, 59835, 60566, 60828, 60970, 61607, 67668, 69828, 
                                              70924, 74455, 75004, 76870
    Fishery management measures.......................6198, 29670, 75005
679.1 (i) revised....................................................876
    (f) correctly amended..........................................33582
    Regulation at 67 FR 79692 eff. date corrected to 1-29-03........6199
    (b) introductory text revised..................................64687
679.2 Amended....................................876, 1947, 23690, 26316
    Correctly amended..............................................33582
    Regulation at 67 FR 79692 eff. date corrected to 1-29-03........6199
679.3 (f)(1) amended; (f)(3) revised; (f)(5) removed; (f)(4) 
        redesignated as (f)(5); new (f)(4) added.....................877
679.4 (a)(1)(v), (h) heading, introductory text, (1) introductory 
        text, (iii), (3), (4), (5)(i) introductory text, (A), (B). 
        (C), (ii), (6) introductory text, (iv), (7)(i), (8), (10), 
        (13) heading, introductory text, (i), (ii)(A), (E), 
        (14)(i), (15)(i), (iii), (vii) and (16)(i) amended...........877
    Regulation at 67 FR 79692 eff. date corrected to 1-29-03........6199
679.5 (c)(1)(xvii) revised..........................................1948
    (l)(8) added (OMB number pending)..............................23691
    Regulation at 69 FR 23691 confirmed............................34613
679.7 (h) revised....................................................877
    (f)(16) and (17) added.........................................23691
    (a)(19) revised................................................51193
    Regulation at 67 FR 79692 eff. date corrected to 1-29-03........6199
679.20 (e)(2)(iv) removed; (d)(1)(iii)(B) revised; (e)(3) added....32903
    (a)(8)(iii)(F) revised.........................................51193
    Regulation at 67 FR 79692 eff. date corrected to 1-29-03........6199
    (c)(1), (2) introductory text, (3), (5) and (6) revised........64687
    (j) added......................................................68098
    (a)(5)(iii)(B) revised.........................................75866
679.21 Regulation at 67 FR 79692 eff. date corrected to 1-29-03.....6199
    (d)(1)(i), (2), (e)(1)(ii) introductory text, (iii) 
introductory text and (6) revised..................................64687
679.23 (d)(2)(i) and (iii) revised.................................75866
679.24 (e) revised..................................................1948
679.26 (d)(3) revised..............................................52612
679.27 (c)(2) table and (i) table revised..........................32903
679.28 Regulation at 67 FR 79731 eff. 3-22-04 (OMB numbers).........7876
679.31 Regulation at 67 FR 79692 eff. date corrected to 1-29-03.....6199
679.32 (f)(5) added.................................................1949
679.41 (d)(1) and (g)(1) revised; (c)(10), (e)(4), (5), (g)(5) 
        through (8) and (l) added (OMB numbers pending in part)....23691
    Regulation at 69 FR 23691 confirmed............................34613
679.42 (b)(2) revised...............................................1949
    (a), (f), (g)(1), (h)(1), (2) and (3) revised; (e)(3) through 
(8) and (i)(4) added...............................................23693
679.50 (g)(1)(viii)(F) added........................................1949
    (i)(2)(vi)(A)(2), (B), (C) and (D) revised......................1953
    (i)(2)(i)(C)(4), (ii), (A), (iii)(B), (vi)(E), (vii)(D), (ix), 
(x)(G), (l), (5), (3)(i)(A) and (j)(2)(i)(A)(1)(i) correctly 
amended............................................................33582

[[Page 1103]]

    (i)(2)(x)(G)(2) and (4) removed; (i)(2)(x)(G)(3) and (5) 
redesignated as new (i)(2)(x)(G)(2) and (3); heading and new 
(i)(2)(x)(G)(1) revised; (i)(3)(i)(B), (C), (iii), 
(j)(2)(i)(A)(1)(ii) and (iii) correctly amended....................33583
679.61 Regulation at 67 FR 79734 eff. 3-22-04 (OMB numbers).........7876
679.62 (a)(3) revised..............................................64688
679.63 Regulation at 67 FR 79736 eff. 3-22-04 (OMB numbers).........7876
679.70 Heading and text redesignated as 600.1101 (a) heading and 
        text.......................................................53361
679.70-679.76 (Subpart G) Heading redesignated as new 600.1101 
        heading....................................................53361
679.71 Heading and (a) through (e) redesignated as 600.1101 (b) 
        heading and (1) through (5)................................53361
679.72 Heading, (a), (1), (2), (i), (A), (B), (C), (ii), (b), (1), 
        (2), (c), (1), (i) through (iv), (2) and (i) through (v) 
        redesignated as 600.1101 (c) heading, (1), (i), (ii), (A), 
        (1), (2), (3), (B), (c)(2), (i), (ii), (3), (i), (A) 
        through (D), (ii) and (A) through (E)......................53361
679.73 Heading, (a) through (d), (1), (i) through (ix), (2), (i), 
        (ii), (iii), (e), (1) through (7) and (f) through (i) 
        redesignated as 600.1101 (d) heading, (1) through (4), 
        (i), (A) through (I), (ii), (A), (B), (C), (5), (i) 
        through (vii) and (6) through (9)..........................53361
679.74 Heading and text redesignated as 600.1101 (e) heading and 
        text.......................................................53362
679.75 Heading and text redesignated as 600.1101 (f) heading and 
        text.......................................................53362
679.76 Heading, (a), (1) through (8) and (b) redesignated as (g) 
        heading, (1), (i) through (vii) and (2)....................53362
679 Figure 3 amended...............................................21977
    Figure 23 added..................................................877
    Tables 4 and 5 revised.........................................75867
    Table 10 revised........................................26317, 68098
    Tables 14a and 14b revised.....................................23695
    Table 19 revised; Table 20 added................................1949
    Table 21 added.................................................23694

                                  2005

50 CFR
                                                                   70 FR
                                                                    Page
Chapter VI
660 Temporary regulations......44069, 44070, 44072, 47727, 48897, 52035, 
                         54851, 55302, 55303, 61393, 69916, 69917, 71242
    Fishery management measures.........8544, 23054, 24728, 36053, 61235
    Technical correction...........................................41163
660.12 Amended.....................................................29650
660.13 (c), (d) and (e) revised; (f)(2) amended....................29651
    Amended........................................................29657
660.21 Revised; eff. in part 12-1-05...............................29651
    Amended........................................................29657
660.22 Revised; eff. in part 12-1-05...............................29652
    Amended........................................................29657
    (ff), (gg), (ii), (ll), (nn) and (oo) revised..................69284
    (z) revised; (aa), (bb), (cc) and (mm) removed; (dd) through 
(ll) and (nn) through (vv) redesignated as (aa) through (rr).......75080
660.23 Revised.....................................................29654
660.25 (b) and (d) introductory text revised; (c) amended..........29654
660.27 Amended.....................................................29657
660.28 Amended.....................................................29657
660.32 (a)(2), (3) and (4) redesignated as (a)(4), (5) and (6); 
        (a)(1), new (4) and (b) revised; (a) introductory text, 
        new (2) and (3) added; (c) and (d) removed.................69284
660.33 (f) and (g) revised.........................................69285
660.34 (a), (c) and (d) revised....................................69285
660.35 (a) and (b)(10) revised.....................................75080
660.36 Added.......................................................29654
    (f)(4) correctly designated; second (f)(4) correctly 
designated as (f)(5)...............................................33719
660.38 Amended.....................................................29657
660.41 Amended.....................................................29657
660.42 Amended.....................................................29657
660.48 Amended.....................................................29657
660.49 Amended.....................................................29657
660.51 Amended.....................................................29657
660.61 Amended.....................................................29657
660.62 Amended.....................................................29657
660.63 Amended.....................................................29657
660.65 Amended.....................................................29657
660.86 Amended.....................................................29657
660.302 Corrected..................................................13119
    Amended........................................................16148
660.306 (a)(3), (5), (8) and (h)(2) revised........................16148

[[Page 1104]]

660.323 (a)(2) revised.............................................22812
    (a)(2)(i) and (ii) revised.....................................28853
660.370 (c)(1)(ii) and (d) suspended; (c)(1)(iii) and (i) added 
        (temporary)................................................23807
    (c)(1)(iv) added; (i) revised..................................65862
660.372 (b)(3)(i) amended..........................................16149
    (b)(3)(iv) added...............................................23045
660.373 (b)(4) corrected...........................................13119
    (b)(4) revised.................................................22812
    (c)(3) added (temporary).......................................51684
    (b)(4) revised.................................................58071
660.381 (c)(4)(i) revised..........................................16149
    (b)(3), (5) introductory text and (i) revised..................23045
660.383 (f) added (temporary)......................................23808
    (f) revised....................................................38599
    f) revised.....................................................65862
660.384 (c)(3) introductory text and (i)(B) corrected..............13119
    (c)(2)(iii) and (3)(ii)(B) revised.............................16149
    (c)(1) and (2)(iii) revised....................................20314
    (c)(3)(i)(A)(1), (3), (4), (ii)(A)(1), (2), (4), (iii)(A)(1), 
(4) and (v)(A)(1) revised..........................................23046
    (c)(1)(i)(B) and (2)(iii) revised..............................58071
    (c)(1)(i)(B), (2)(i), (iii) and (3)(i)(A)(2) revised...........72389
660.385 (e) revised................................................22812
660.391 (k)(23) revised............................................16149
660.393 Second (h), (i) and (j) correctly redesignated as (i), (j) 
        and (k)....................................................13119
    (h) (234) through (258) redesignated as (h)(235) through 
(259); new (h)(234) added..........................................16149
660.394 (m)(149) through (164) correctly revised...................13119
    (f)(73) and (142) revised......................................16149
660.301--660.390 (Subpart G) Tables 3, 4 and 5 revised.............16149
660.301--660.394 (Subpart G) Tables 3, 4 and 5 revised......58072, 72390
    Table 3 correctly revised......................................61064
660.704 OMB number.................................................67349
660.707--Regulation at 69 FR 18453 confirmed........................7022
660.708--Regulation at 69 FR 18453 confirmed........................7022
660.712--Regulation at 69 FR 18453 confirmed for (d) and (f)........7022
    Tables 1a and 2a revised.......................................22812
    Table 2b correctly removed.....................................25789
    Tables 3 and 5 amended.........................................23046
    Tables 3, 4 and 5 revised......................................38599
679 Temporary regulations..........................................3310,
3311, 3896, 4039, 5062, 6781, 7900, 7901, 8749, 8957, 8958, 8979, 9253, 
9880, 9881, 10507, 11884, 12144, 12808--12811, 13119, 13120, 14577, 
15600, 15782, 16160, 19338, 20840, 21341, 21678, 23940, 24992, 29458, 
38052, 38815, 40231, 41163, 41164, 42279, 42280, 42281, 42512, 43327, 
43328, 43644, 44523, 46097, 46098, 46436, 46776, 46777, 47728, 49197, 
49198, 49507, 50995, 51300, 51684, 52325, 52326, 53101, 53312, 53970, 
53971, 54656, 55305, 55306, 56138, 56377, 57518, 57803, 58983, 59675, 
59676, 60742, 61067, 65863, 70553, 71039, 73389, 74208, 77067
    Authority citation revised......................................9862
    Fishery management measures................9881, 19708, 35557, 74208
    Technical correction...........................................14756
    Reallocation...................................................28486
679.1 (k) revised...................................................9862
    (g) and (j) revised............................................10232
679.2 Amended.........................................9862, 10232, 15013
    Amended........................................................75082
679.3 (d) revised..................................................10232
679.4 (l)(1)(i), (5)(iii), (6)(ii)(B), (C)(2)(2), (D)(1)(ii), 
        (2)(i) and (ii) revised; (m) added..........................9862
    (k)(1)(ii) revised; (l)(3)(ii)(D), (4)(i), (ii)(D), (E), 
(5)(ii), (iv)(E) and (F) removed...................................10233
    (a)(1) introductory text and (2) revised; (a)(1)(xi) added.....16754
    (g)(3)(ii) revised.............................................39666
679.5 (a)(7)(xv)(F), (h)(1)(i), (ii)(I) and (q) added...............9863
    (a)(7)(i) table, (15) introductory text, (c)(1), (g), (k), (l) 
introductory text, (2)(iii)(M) introductory text, (iv) 
introductory text, (C), (D), (3)(i) and (4) revised; (a)(15)(i) 
through (viii) and (l)(2)(iv)(A) removed...........................10233
    (n)(3) and (4) added...........................................15013
    (n)(2)(iv) introductory text and (v) introductory text amended
                                                                   15015
    (a)(1)(ii)(A), (B), (C), (m)(3)(v) and (n)(2)(iv)(D) amended 
                                                                   75082
    (a)(1)(iv)(C) correctly added; (k)(1) heading, (g)(3)(iii), 
(4)(i) and (l)(1)(iii)(B) correctly revised........................75421
679.7 (k)(3)(i), (iii), (iv), (4)(i), (5), (6) and (7) revised; 
        (l) added...................................................9865

[[Page 1105]]

    (a)(15) and (k)(1)(iii) revised; (k)(2)(ii), (3)(iii), (4)(ii) 
and (8) removed....................................................10238
    (d)(24) removed; (d)(25) redesignated as (d)(24)...............15013
    (d)(4), (6) through (11), (21) and (f)(3)(ii) amended..........15015
    (f)(4) revised.................................................43331
679.20 (a)(5)(iii) redesignated as (a)(5)(iv); new (a)(5)(iii) 
        added; (a)(5)(i)(B)(1), (ii), new (iv)(B) introductory 
        text and (6)(i) revised.....................................9866
    (i)(1) amended.................................................75082
679.21 (e)(1)(i), (vii) and (7)(viii) revised; (e)(1)(ix) added.....9867
    (b)(1) amended.................................................75082
679.22 (a)(5)(ii) amended..........................................15015
    (b)(5) correctly reinstated; CFR correction....................53312
679.23 (e)(2) revised...............................................9867
679.28 (g)(2) revised; (g)(3) amended...............................9867
    (b)(1)(v) added; (f)(4)(i) revised.............................10238
679.30 (f)(6) and (g)(4)(iv)(H) removed; (f)(7) redesignated as 
        (f)(6); (a) introductory text, (5), (e), (g)(4)(ii) and 
        (iv)(G) revised............................................15013
679.31 (d) revised.................................................10238
679.32 (c) and (d) redesignated as (d) and (e); (a) and new (e)(2) 
        introductory text revised; new (c) and (e)(3) added........15014
    (d)(1)(i), (ii), (2)(i)(A), (ii)(A), (4)(iv), (e)(2)(i), 
(iii), (iv)(A) and (f)(3) amended..................................15015
679.42 (a)(1) revised..............................................43331
679.43 (a) revised..........................................10238, 16754
679.50 (c)(2)(i), (5) heading and (e)(1) revised; (c)(5)(i)(C) 
        added.......................................................9867
    (c)(4)(ii), (v)(A), (B), (d)(5)(ii)(B) and (C) amended.........15015
679.60--679.65 (Subpart F) Heading revised..........................9867
679.60 Revised......................................................9867
679.61 (b), (d)(3) and (g) revised..................................9868
679.62 (a) introductory text, (2), (3), (b)(2)(i), (ii) and (3) 
        revised.....................................................9868
679.64 (a) introductory text, (1)(i), (2)(ii), (4)(i), (ii), (b) 
        introductory text and (3) introductory text revised.........9868
679.65 (a) and (b) revised..........................................9869
    Removed........................................................10238
679 Tables 13 and 14c added; Tables 14a, 14b and 15 revised........10238
    Table 14a correctly revised....................................33393
    Table 14b correctly revised....................................33394
    Table 2 removed; Tables 2A through 2D added....................75083
    Figures 16 and 17 correctly removed............................75421
680 Added..........................................................10241
680.5 (a)(1)(i)(H), (I), (J), (b)(4), (d)(5), (6), (7)(vii), (8) 
        and (9) correctly amended..................................33395
    (b)(2), (c)(1) heading, (i), (ii) and (2) heading correctly 
revised; (c)(2), (d)(4)(i), (7)(i) and (xxi) correctly amended; 
(b)(3) correctly removed...........................................75421
680.6 Correctly amended; (h)(4)(viii) amended......................33395
680.7 (c)(1) and (2) correctly amended; (e)(3) and (4) correctly 
        removed....................................................33395
680.20 (h)(4)(iv) correctly amended................................33395
    (a)(1), (h)(3)(iv)(A) and (5)(iv) correctly amended............75421
680.21 (d)(1) correctly amended....................................33395
680.23 (b)(4) correctly amended....................................75421
680.40 (f)(3)(i), (ii), (h)(4) and (5) correctly amended...........33395
    (c)(4)(vi) correctly amended...................................75421
680.42 (a)(2) and (5) correctly amended; (a)(4)(iii), (b)(3)(iii) 
        and (4) correctly revised..................................33395
    (a)(3)(ii). (4)(ii), (b)(3)(iii), (c)(2) and (4) correctly 
amended............................................................75421
    (a)(2)(i)(A) table, (B) table and (C) table correctly amended 
                                                                   75422
680 Table 7 correctly revised......................................33395
    Table 9 correctly revised......................................33398
    Table 9 corrected..............................................75421

                                  2006

50 CFR
                                                                   71 FR
                                                                    Page
Chapter VI
660 Temporary regulations......13942, 14416, 14824, 31104, 44590, 56408, 
                                                            56411, 66693
    Heading revised................................................17989
    Fishery management measures.......38111, 56408, 56409, 56896, 56897, 
                                                                   59405
660.1 (a) revised..................................................17989
660.3 Revised......................................................17989

[[Page 1106]]

660.11--660.18 (Subpart B) Redesignated as 665.11--665.18 (Subpart 
        B).........................................................17989
660.21--660.38 (Subpart C) Redesignated as 665.21--665.38 (Subpart 
        C).........................................................17989
660.26 (d) table amended...........................................10869
660.41--660.54 (Subpart D) Redesignated as 665.45--665.54 (Subpart 
        D).........................................................17989
660.61--660.69 (Subpart E) Redesignated as 665.61--665.69 (Subpart 
        E).........................................................17989
660.81--660.89 (Subpart F) Redesignated as 665.81--665.89 (Subpart 
        F).........................................................17989
660.301 (a) revised................................................27414
660.302 Amended......................................10620, 27414, 78652
660.303 (c) revised................................................10620
660.306 (b)(3) added; (e) and (g)(2) revised.......................10620
    (a)(13), (14) and (h)(4) through (10) added....................27415
    (a)(7) revised.................................................66139
    (a)(2), (9), (c)(1) introductory text, (2), (f)(1)(i), (2), 
(3), (g)(1), (h)(1) and (2) revised................................78653
660.314 (c)(2) and (f)(1)(v)(B) revised............................66139
    (f)(2)(i)(A)(1)(i), (ii), (iii), (3) and (4) revised...........78654
660.320 (a)(2) and (f) revised.....................................78654
660.322 (e) revised................................................78654
660.323 (a)(2) revised.............................................29262
    (a)(2), (b) introductory text, (3), (4), (d) and (e) revised 
                                                                   78654
660.324 (c)(1) through (4), (g), (h) and (j) revised...............78655
660.334 (e) redesignated as (f); (c)(3), (d)(4)(ii), (iii) and new 
        (f) revised; (d)(4)(iv) through (vii) and new (e) added....10621
660.335 (g)(2) through (6) redesignated as (g)(3) through (7); 
        (c), (d)(1), (e)(1) and (3) revised; (a)(4), (e)(4) and 
        new (g)(2) added...........................................10623
660.365 Revised....................................................78655
660.370 (c)(1)(i) introductory text, (ii) and (d) revised; 
        (c)(1)(iii), (iv) and (i) removed...........................8496
    Regulation at 71 FR 8496 corrected.............................15046
    (b), (c)(3) and (h)(6) introductory text revised...............66140
    (c)(1)(iii) and (h)(5)(iv)(C) added; (d), (h)(5)(i) 
introductory text, (iv)(A), (B), (6) introductory text, 
(8)(iv)(A), (B), (v) and (vi) revised..............................78655
660.372 (b)(1) revised; (b)(4) added...............................10624
    (b)(3)(iv) revised.............................................24604
    (b)(1) and (3)(i) revised......................................78656
660.373 (b)(4) revised......................................29262, 37844
    (b)(4) revised (temporary).....................................58293
    (c)(1), (2) and (d) revised....................................66140
    (a), (b)(1)(iii) introductory text, (2), (3) introductory 
text, (4), (c)(1), (2) and (d) revised; (c)(3) added...............78656
660.381 (a), (b)(3), (d)(3), (4)(i) and (ii) revised; (d)(5) added
                                                                   78657
660.382 (c)(2) through (5) revised.................................24604
    (a) and (c) revised............................................78657
660.383 (c)(4) revised; (f) removed.................................8497
    (c)(2), (3), (5) and (6) revised...............................24605
    (a), (b) introductory text, (2)(i)(A), (iii) introductory 
text, (c), (d)(1)(i), (2)(i) and (3)(i) revised....................78658
660.384 (c)(1)(i)(B), (2)(i), (iii), (3)(i)(A)(2) and (4) revised 
                                                                    8497
    (c)(1) introductory text, (i)(B) and (2)(iii) revised..........18229
    (c)(3)(i)(A)(2), (3), (4), (ii)(A)(3), (iii)(A)(3) and 
(v)(A)(2) revised..................................................37844
    (c)(2)(iii) revised (temporary).........................58293, 69077
    (c)(1)(i), (iii), (2)(i), (iii), (3) introductory text, 
(i)(A)(1) through (4), (B), (ii)(A)(1) through (4), (B), 
(iii)(A)(1) through (4), (iv), (v) introductory text and (A)(1), 
(2) and (3) revised; (c)(3)(i)(E) added............................78660
660.385 (b)(2) and (d) revised; (f) and (g) added...................8498
    Introductory text revised......................................27415
    (d) revised....................................................37844
    (a), (b) introductory text, (1), (2), (5), (d), (f) and (g) 
revised; (b)(7) removed............................................78663
660.390 Revised....................................................78663
660.391 (e) revised.................................................8498

[[Page 1107]]

    (a) removed; (b) through (k) redesignated as (d) through (m); 
heading, introductory text, new (d) and (j) revised; new (a), (b) 
and (c) added......................................................78665
660.392 (g) revised.................................................8500
    (a), (b), (f) and (j) revised..................................78672
660.393 (h)(157) revised............................................8500
    (a), (d) and (h) revised.......................................78678
660.394 (f) through (m) redesignated as (g) through (n); (a) and 
        new (g), (l) and (m) revised; new (f) and (n) through (r) 
        added......................................................78687
660.301--660.394 (Subpart G) Table 2a revised; Table 2b added.......8500
660.301--660.399 (Subpart G) Regulation at 71 FR 48827 eff. date 
        corrected..................................................57889
660.301--660.399 (Subpart G) Table 2b revised (temporary)..........58293
    Tables 3, 4 and 5 revised.........................8512, 24605, 37844
    Tables 2a and 2b revised.......................................29263
    Tables 2a and 2b revised (temporary)...........................48827
    Table 3 revised (temporary)....................................58296
    Table 4 revised (temporary).............................58301, 69078
    Table 5 revised (temporary).............................58303, 69078
    Tables 1 through 5 revised.....................................78701
660.395 Added......................................................27416
660.396 Added......................................................27419
660.397 Added......................................................27420
660.398 Added......................................................27421
660.399 Added......................................................27422
660.405 (c) added..................................................78719
660.410 (a) and (b)(1) suspended; (b)(4) and (d) added (temporary)
                                                                   26266
660.502 Amended....................................................37001
660.509 Revised....................................................37001
660.511 (f) revised; (g) and (h) added.............................37001
660.601--660.609 (Subpart J) Redesignated as 665.601--665.609 
        (Subpart G)................................................17989
660 Tables 1, 3 and 4 redesignated as Tables 1, 2 and 3; amended 
        and transferred to new Part 665............................17989
    Figures 1 and 2 redesignated as Figures 1 and 2, new Part 665, 
and amended........................................................17989
665 Added..........................................................17988
    Nomenclature change............................................30299
665.11--665.18 (Subpart B) Redesignated from 660.11--66018 
        (Subpart B); nomenclature change...........................17989
665.11 (b) and (c) amended.........................................17989
665.12 Amended.....................................................17989
    Amended; eff. 10-12-06.........................................53607
    Amended........................................................64476
665.13 (a), (c), (f), (g) and (i) amended..........................17989
    (f)(1) revised.................................................64476
665.14 (f) and (g) amended.........................................17989
    (a) revised; eff. 10-12-06.....................................53607
    (a) revised (OMB number pending)...............................64476
    OMB number.....................................................69496
665.21--665.38 (Subpart C) Redesignated from 660.21--660.38 
        (Subpart C); nomenclature change...........................17989
665.22 (ss) and (tt) added (temporary).............................54770
665.28 (i)(2)(ii) amended..........................................17989
665.33 (b)(2)(i) and (ii) suspended; (b)(2)(iii) and (iv) added 
        (temporary)................................................54770
665.41--665.54 (Subpart D) Redesignated from 660.45--660.54 
        (Subpart D); nomenclature change...........................17989
665.41 (c), (e)(2), (g)(1), (2)(i) and (ii) amended................17989
    (c), (g)(4)(i) and (ii) correctly amended......................30299
    (a)(2) revised; eff. 10-12-06..................................53607
    OMB number.....................................................69496
665.61--665.69 (Subpart E) Redesignated from 660.61--660.69 
        (Subpart E); nomenclature change...........................17989
665.61 (a)(1) revised; eff. 10-12-06...............................53607
    (a)(1) revised; (a)(4) added (OMB number pending)..............64477
    OMB number.....................................................69496
665.62 (b) revised; (f) added; eff. 10-12-06.......................53607
    (g), (h) and (i) added.........................................64477
665.69 (a) introductory text, (b) and (c) revised; (a)(6), (7) and 
        (8) added; eff. 10-12-06...................................53607
665.70 Added.......................................................64477
665.81--665.89 (Subpart F) Redesignated from 660.81--660.89 
        (Subpart F); nomenclature change...........................17989

[[Page 1108]]

665.601--665.609 (Subpart G) Redesignated from 660.601--660.609 
        (Subpart J); nomenclature change...........................17989
665 Tables 1, 2 and 3 redesignated from Tables 1, 3 and 4, Part 
        660, and amended...........................................17989
    Figures 1 and 2 redesignated from Figures 1 and 2, Part 660, 
and amended........................................................17989
679 Temporary regulations......3247, 4311, 4528, 5014, 6230, 6985, 6986, 
        8808, 8993, 9476--9479, 9739, 9977, 10451, 10625, 10870, 10894, 
         11165, 11324, 11541, 12300, 13025, 13026, 13304, 13777, 14824, 
         14825, 18022, 18230, 18684, 19129, 19829, 23874, 25508, 25781, 
         26265, 28285, 30300, 34021, 34022, 35835, 38797, 39015, 40028, 
         40029, 40934, 40935, 40936, 41178, 41738, 42060, 42061, 43074, 
         43990, 44229, 44230, 44591, 44931, 46126, 46409, 48483, 48485, 
         50002, 51532, 51784, 51785, 52500, 52501, 52754, 53337, 53338, 
         53339, 55134, 55347, 56412, 56898, 57890, 58753, 59406, 59407, 
                         60077, 60078, 60670, 61426, 62396, 70323, 77626
    Fishery management measures..............................3429, 78383
    Fishery management measures; eff. 11-30-06 through 12-31-07....63704
    Authority citation revised.....................................67245
679.2 Amended; eff. 1-20-08........................................17381
    Amended.................................................20349, 36702
    Amended........................................................67245
679.4 (k)(3)(iv)(A) revised........................................36702
    (a)(1)(xii), (b)(6)(iii), (k)(11) and (n) added................67247
679.5 (a)(7)(iv)(C)(3) revised; eff. 1-20-08.......................17381
    (a)(4) removed; (e)(3) through (7) redesignated as (e)(4) 
through (8); new (e)(3) and (r) added; (e) introductory text, (1) 
and (2) revised; new (e)(4), (5)(ii) and (iii) amended.............67248
679.7 (m) added; eff. 1-20-08......................................17381
    (a)(14)(i) revised; (a)(20), (21) and (22) added...............36702
    (n) added......................................................67249
679.20 (e)(1), (2)(ii) and (f)(2) revised..........................67250
679.21 (d)(5)(iii) revised.........................................67251
679.22 (a)(11) and (b)(3) removed...................................1699
    (b)(6) revised; eff. 7-3-06 through 12-31-10...................31107
    (a)(12) revised; (a)(13), (14), (15), (b)(8), (9) and (10) 
added..............................................................36703
679.24 (b)(4) revised..............................................36703
679.27 (b)(4) and (j) added; eff. 1-20-08..........................17381
679.28 (g)(1) and (4)(iii) revised.................................20349
    (f)(3)(iv) and (6) revised.....................................36703
    (b)(2)(v), (d)(8)(ii), (f)(6), (g) introductory text, (1) and 
(2) revised........................................................67251
679.40 (g) revised.................................................36492
679.45 (d) revised.................................................44232
679.50 (c)(6) added; eff.1-20-08...................................17382
    (g)(1)(iii)(B)(1) and (2)(iii)(B)(1) revised...................20349
    (g)(1)(iii)(B) introductory text and (1) revised; (c)(2)(vii), 
(7) and (d)(7) added...............................................67251
679.80--679.84 (Subpart G) Added...................................67252
679 Figure 21 removed...............................................1699
    Table 10 revised...............................................12628
    Figure 22 added; eff. 7-3-06 through 12-31-10..................31107
    Tables 22 through 27 added.....................................36703
    Tables 28, 29 and 30 added.....................................67271
680.4 (b) and (c) revised..........................................32864
680.6 (b)(1), (d)(1), (f)(1) and (h)(1) amended....................38114
680.20 (h)(3)(iv)(A) and (v) introductory text revised.............40033
680.22 (a)(1)(i) revised; (f) added................................38301
680.40 (b)(2)(ii)(A), (iii) table and (d)(2)(iv)(B) amended........32864
680.41 (l)(1)(i) amended...........................................32864
680.42 (a)(2)(i), (3)(i), (4)(i) and (c)(1) revised................32865
680.44 (a)(2)(iii), (c)(1), (2), (3) and (g) revised; (c)(4) 
        removed; (c)(5) redesignated as new (c)(4).................44232
680 Table 1 revised................................................32866
    Tables 7, 8 and 9 revised......................................32867
697.2 Amended......................................................13037
697.3 (b) revised..................................................13037
697.4 (a)(7)(iv) and (b) revised...................................13037
697.7 (c)(1)(i) and (v) revised; (c)(1)(xxvii), (xxviii) and 
        (xxix) added...............................................13037
697.18 (f) revised.................................................13037
697.20 Revised.....................................................13038
697.21 (c) and (f) revised.........................................13039
697.22 (c) added...................................................13039

[[Page 1109]]

                                  2007

50 CFR
                                                                   72 FR
                                                                    Page
Chapter VI
660 Fishery management measures...............4461, 24539, 27064, 46176, 
                                                     55706--55709, 60586
    Temporary regulations..........................................72630
660.2 Revised; eff. date pending...................................29235
    Regulation at 72 FR 29235 confirmed............................45320
660.302 Correctly amended..........................................13044
    Amended; eff. 10-5-07..........................................50910
    Amended........................................................69168
660.303 (a) revised; (e) added; eff. 10-5-07.......................50910
    (d) revised....................................................69168
660.306 (f)(6) added; eff. 5-14-07 through 11-13-07................27764
    (f)(6) redesignated as (f)(7); (b)(4) and new (f)(6) added; 
eff. 10-5-07.......................................................50910
    (f)(7) added...................................................64954
    (h)(1), (2), (3), (i)(7), (8), (j)(1) and (6) revised; (h)(4) 
through (10) redesignated as (h)(5) through (11); new (h)(4), 
(j)(7) and (8) added...............................................69169
660.312 (b), (d)(1), (2) introductory text, (ii), (3), (4) 
        introductory text, (iii) and (iv) revised; (d)(4)(v), (vi) 
        and (vii) added............................................69169
660.333 (f) added..................................................27764
660.335 (f)(3) added...............................................27764
    (f)(1) revised.................................................69171
660.370 (h)(6) introductory text, (i)(A), (C), (ii)(A) and (C) 
        correctly revised; (h)(6)(ii)(D) correctly removed.........13044
    (h)(6)(iii) added; eff. 10-5-07................................50911
660.373 (d) correctly revised......................................13044
    (b)(4) revised.................................................19398
    (j) added; eff. 5-14-07 through 11-13-07.......................27764
    (j) redesignated as (k); new (j) added; eff. 10-5-07...........50911
    (c)(3) correctly revised.......................................53167
    (b)(4) revised.................................................56669
    (k) added......................................................64954
660.381 (b)(4), (c)(4), (d) introductory text, (4) and (5) revised
                                                                   69171
660.382 (c) introductory text, (4)(i), (ii), (5) and (8) revised 
                                                                   69172
660.383 (b)(1), (c) introductory text, (5)(i), (ii), (6), (7) and 
        (10) revised...............................................69173
660.384 (c)(1)(i)(C)(1) and (2) revised............................19398
    (c)(2)(iii) amended; (c)(3)(ii)(A)(1), (2), (iii)(A)(1) and 
(2) revised........................................................56669
660.385 (e) correctly revised......................................53167
    (c) revised....................................................71589
660.390 (c)(3), (4), (d)(3) and (4) correctly revised..............53167
660.391 (d)(22) correctly removed; (d)(23) through (332)correctly 
        redesignated as (d)(22) through (331)......................13045
660.394 (g), (l)(32) through (50) and (182) correctly revised; 
        second (h) correctly redesignated as (i); first (n) 
        correctly removed..........................................13045
    (f) and (r)(6) through (18) correctly revised..................53167
660.301--660.399 (Subpart G) Table 1a revised......................19398
    Tables 3 (North) and 3 (South) revised.........................19405
    Tables 3 (North), 3 (South), 4 (South) and 5 (South) revised 
                                                                   36619
    Tables 3 (North) and 3 (South) correctly revised...............43193
    Tables 3 (North), 3 (South) and 4 (South) revised..............56669
    Tables 3 (North) and 3 (South) revised.........................68098
    Table 5 (South) revised........................................68103
    Tables 3 (North), 3 (South), 4 (South), 5 (North) and 5 
(South) revised....................................................71589
660.505 (n) added..................................................29892
660.520 Added (OMB number pending).................................29892
660.704 Revised....................................................43564
660.705 (qq) added.................................................58259
660.707 (b)(4) and (5) revised.....................................10937
660.713 (c)(2) revised.............................................31757
660.721 Added......................................................58259
665.14 (a) revised.................................................19125
665.22 (ss) and (tt) revised........................................8291
    (ss) and (tt) correctly added..................................10090
665.33 (b)(2)(i) and (ii) revised; (b)(2)(iii) and (iv) removed.....8291
    (b)(2)(i) and (ii) correctly revised...........................10090
665.62 (j) and (k) added (temporary)...............................27066
665.71 Added (temporary)...........................................27066
665.72 Added (temporary)...........................................27067
665.86 (b) revised.................................................58261

[[Page 1110]]

679 Temporary regulations......1463, 1671, 2201, 2462, 2793, 3748, 4217, 
            5346, 5644, 6177, 6178, 6694, 7353, 7354, 7749--7752, 7933, 
         8132, 8133, 8291, 9272, 9450, 9451, 9676, 10428, 10937, 11288, 
         11289, 11810, 13215, 13216, 13711, 15054, 15848, 18135, 18595, 
         18920, 20060, 20773, 20960, 27067, 27980, 28620, 29893, 31472, 
         31758, 32559, 33408, 33695, 34179, 37677, 38794, 38795, 38796, 
         39580, 39581, 40080, 40081, 40264, 40772, 40773, 43564, 43565, 
         44792, 44793, 44794, 45697, 48946, 49229, 51716, 51717, 51718, 
         52299, 52491--52494, 53169, 54603, 54604, 55104, 56016, 56017, 
         56273, 56274, 56933, 56934, 57252, 57501, 57888, 58261, 58559, 
                  59037, 59038, 59952, 60586, 62590, 64001, 66083, 71802
    Fishery management measures; eff. through 12-31-08..............9676
    Technical correction....................................13217, 13218
    Workshop.......................................................51570
    Authority citation revised.....................................52716
679.1 (d)(1)(i)(B) revised.........................................44807
679.2 Amended......................................................44807
    Amended; eff. 1-1-08...........................................50815
    Amended; eff. in part 10-15-07 and 1-1-08......................52716
    Amended.................................................61074, 63502
679.4 (a) introductory text, (1)(i), (ii), (d) introductory text, 
        (2), (3)(i), (4), (5), (6)(i), (e) heading, (3), (4) and 
        (5) revised................................................44807
    (a)(1)(xiii), (b)(6)(iv), (k)(12) and (o) added; eff. 10-15-07
                                                                   52717
679.5 (a)(1)(i)(B), (C), (g)(2)(iv)(A), (B), (l)(2)(i)(D), (E), 
        (iii)(C), (H), (I), (M), (iv)(B)(2), (D), (4)(i)(E)(1), 
        (2), (ii)(D) and (5)(ii) introductory text revised.........44808
    (a)(1)(i)(C) revised; (n)(1) and (2) removed; (n)(3) and (4) 
redesignated as new (n)(1) and (2); (s) added; eff. 10-15-07.......52718
679.7 (a)(10)(ii), (f)(3)(i), (ii), (4), (6)(i), (ii) and (11) 
        introductory text revised..................................44809
    (d)(5) revised; (d)(25) added; eff. 1-1-08.....................50815
    (d)(13), (14) and (16) removed; (m) revised; (o) added; eff. 
in part 10-15-07 and 1-20-08.......................................52718
    (d)(9) and (10) revised........................................61074
679.20 Introductory text and (a)(7) revised; (b)(1)(iv) removed; 
        eff. 1-1-08................................................50815
    (b)(1)(i) amended; eff. 1-1-08.................................50818
    (a)(7)(ii)(A)(8), (iii)(B), (8)(ii), (b)(1)(i) and (ii) 
revised; (a)(10) and (11) redesignated as (a)(11) and (12); 
(a)(7)(v), (vi), (8)(iv), (v), new (10), (d)(1)(v) and (vi) added; 
(b)(1)(iii) removed; eff. in part 10-15-07 and 1-1-08..............52719
679.21 (e)(1)(i) removed; (e)(1)(ii) through (ix) redesignated as 
        (e)(1)(i) through (viii); (e)(2), (3)(i), (v) and (4) 
        revised; eff. 1-1-08.......................................50817
    (e)(1)(i) introductory text, (ii) introductory text, (vi) 
heading, (3)(ii)(B)(2), (7)(viii) introductory text, (A) 
introductory text and (B) introductory text amended; eff. 1-1-08 
                                                                   50818
    (e)(1)(i), (3)(i), (ii) heading, (A), (B)(2) and (iv) 
introductory text revised; (e)(3)(vi) added; eff. 10-15-07.........52721
    (e)(7)(vii) revised; (e)(7)(ix) and (g) added..................61074
    (e)(3)(i)(A) and (B) correctly revised.........................60284
679.22 (a)(10) revised.............................................61076
679.23 (g)(2) revised..............................................44809
    (e)(6) and (7) removed; eff. 1-1-08............................50817
679.24 (e)(3) and (6) removed; (e)(4), (5), (7) and (8) 
        redesignated as new (e)(3), new (4), new (5) and new (6); 
        (e)(1), (2)(i), (iii), new (3) and new (5) revised; 
        (e)(4)(v) added............................................71604
679.27 (j) revised; eff. 1-20-08...................................52722
679.28 (d)(8)(i) revised; (h) and (i) added; eff. 10-15-07.........52723
    (f)(6)(ii) and (iii) revised...................................63502
679.31 (c) and (e) amended; eff. 1-1-08............................50818
    (a)(2), (c) and (f) removed; (b), (d) and (e) redesignated as 
(a)(2), (3) and (4); old (a)(1), (2), (3) introductory text and 
(4) redesignated as new (a)(2)(i) through (iv); old (a)(2)(i) 
through (iv) redesignated as new (a)(2)(iii)(A) through (D); new 
(b) added; heading, (a) heading and (1) revised; eff. 10-15-07.....52725
679.32 (b) amended; eff. 1-1-08....................................50818
679.40 (a)(5)(ii)(A) through (D) revised...........................44809

[[Page 1111]]

679.41 (a)(2), (e)(3) introductory text, (i) and (ii) revised......44809
679.42 (a)(3) removed; (a)(2)(iv) and (l) added; (a)(1) 
        introductory text, (c)(1)(i), (d), (g), (i) and (j) 
        revised (OMB number pending in part).......................44809
    Regulation at 72 FR 44809 confirmed in part....................73665
679.50 Heading revised; (j)(1)(vi) removed.........................32562
    (g)(1)(iii)(C) and (2)(iii)(C) redesignated as 
(g)(1)(iii)(B)(3) and (2)(iii)(B)(3); (g)(1)(iii)(B)(1), (2), new 
(3), (2)(iii)(B)(1), (2) and new (3) revised.......................36899
    (c)(1)(iii) amended; eff. 1-1-08...............................50818
    (a), (c)(4)(i)(A) and (6) revised; eff. in part 10-15-07 and 
1-20-08............................................................52725
679.61 (f)(2)(vi) added............................................61076
679.64 (a)(1) introductory text removed; (a)(1)(i), (2) 
        introductory text, (i), (ii), (3) introductory text, (i), 
        (ii), (iii), (4) introductory text, (i), (ii), (5) and (6) 
        redesignated as (a)(1) introductory text, (i), (A), (B), 
        (ii), (A), (B), (C), (iii), (A), (B), (2) and (3); new 
        (a)(1) introductory text and (3) revised; new 
        (a)(1)(i)(B), (iii)(A) and (B) amended; eff. 1-1-08........50818
    Heading, (a)(1)(i)(A), (2), (3), (b)(3)(i) heading and (4) 
revised; (a)(1)(iii) and (b)(3)(iii) redesignated as (a)(1)(iv) 
and (b)(3)(iv); new (a)(1)(iii), (v), (b)(3)(iii) and (6) added; 
eff. in part 10-15-07 and 1-1-08...................................52725
679.80 (f)(3)(iii)(F) revised......................................37681
679.82 (d)(5)(iii) and (8)(ii)(b) revised..........................37681
679.83 (a)(1)(i) revised...........................................37681
679.84 (d) revised.................................................37681
    (c)(7) and (9) revised; eff. 10-15-07..........................52726
679.90--679.94 (Subpart H) Added; eff. 10-15-07....................52726
Tables 31--41 to part 679 added....................................52739
679 Table 33 corrected.............................................61214
    Table 20 revised...............................................71605
697.19 (b) revised.................................................56942
697.20 (a)(3), (4) and (5) revised; (a)(6) through (9) added.......56942
697.21 (c) revised.................................................56942
697 Table 1 revised................................................56943

                                  2008

50 CFR
                                                                   73 FR
                                                                    Page
Chapter VI
660 Fishery management measures........5760, 23971, 30811, 39625, 42536, 
                                43138, 46555, 53763, 68362, 72739, 75975
    Temporary regulations............................45883, 54737, 60642
660.312 (d)(4)(iv) correctly revised................................4759
660.373 (b)(4) revised.............................................21062
660.384 (c)(3)(i)(A)(1) and (2) revised............................21062
660.385 (e) revised................................................26329
660.301--660.399 (Subpart G) Tables 3 (North), 3 (South), 5 
        (North) and 5 (South) revised..............................21062
    Tables 2a, 2b and 2c revised...................................26329
    Tables 3 (North), 3 (South), 4 (North), 4 (South) and 5 
(South) revised....................................................43142
    Table 3 (North) correctly revised..............................58500
    Tables 3 (North) and 3 (South) revised.........................72741
    Tables 3 (North), 3 (South), 4 (North), 4 (South), 5 (North) 
and 5 (South) revised..............................................79011
660.410 (b)(1) revised; (d) added...................................9964
660.412 Added......................................................60988
660.401--660.412 (Subpart H) Table 1 added.........................60989
660.510 Correctly reinstated; CFR correction.......................25592
660.520 Regulation at 72 FR 29892 confirmed........................60191
665 Temporary regulations...................................18717, 20001
665.4 Added........................................................18458
665.12 Amended; eff. to 9-1-08.....................................18458
    Amended...................................47099, 70602, 70604, 75620
665.13 (f)(2) and (g) revised (OMB number pending).................18458
    Regulation at 73 FR 18458 confirmed............................41296
    (f)(2)(i) through (v) revised; (f)(2)(vi) added (OMB number 
pending)....................................................70602, 70604
    (f)(2)(viii) added.............................................75620
    (f)(2)(i) through (v) correctly revised; (f)(2)(vii) correctly 
added (OMB number pending).........................................75623
665.14 (a) revised (OMB number pending)............................18458

[[Page 1112]]

    Regulation at 73 FR 18458 confirmed............................41296
    a)(1) revised (OMB number pending).............................70602
    (a)(1), (2)(i) and (c) revised (OMB number pending)............75620
665.15 (m) through (s) redesignated from 665.22 (o) through (u) 
        and revised................................................75621
665.16 (a) revised; (e) added......................................18459
    (e)(2) added...................................................75621
665.19 Redesignated from 665.25 and revised (OMB number pending in 
        part)......................................................75621
665.21 (g) through (n) redesignated as (h) through (o); new (g) 
        added (OMB number pending).................................70602
665.22 (zz) added (OMB number pending).............................70602
    (o) through (u) redesignated as 665.15 (m) through (s).........75621
665.23 (a) revised; (b) and (c) redesignated as (d) and (e); new 
        (b) and (c) added..........................................70602
665.25 Redesignated as 665.19 (OMB number pending in part).........75621
665.41 (a) and (d) revised (OMB number pending)....................70605
665.42 (c) added (OMB number pending)..............................70605
665.61 (a) revised (OMB number pending)............................18459
    Regulation at 73 FR 18459 confirmed............................41296
    (a)(5) added (OMB number pending)..............................75621
665.62 (j) through (n) added.......................................18459
    (l) and (m) suspended; (o) and (p) added (temporary)...........50573
    (o) through (r) added..........................................75621
665.69 (a) introductory text, (6) and (c) revised; (a)(7) removed; 
        (a)(8) redesignated as new (a)(7)..........................75622
665.70 Revised.....................................................75622
665.71 Added.......................................................18459
665.72 Added; eff. in part to 9-1-08...............................18459
665.73 Added.......................................................18460
665.74 Added; eff. to 9-1-08.......................................18460
665.75 Added (temporary)...........................................50573
665.82 (b)(5) added................................................47099
665.83 Revised.....................................................47100
665.85 (a) revised.................................................47100
665.90 Added.......................................................47100
665 Table 1 revised................................................47100
679 Temporary regulations.......823, 1554, 1555, 1831, 3879, 4493, 4494, 
            4760, 5128, 6055, 7224, 7480, 8228, 8229, 8821, 8822, 9034, 
           9493, 9707, 10158, 11051, 11052, 11562, 11840, 12031, 12297, 
         12663, 12897, 13156, 13464, 15096, 15458, 15677, 15942, 16211, 
         16777, 18219, 19172, 19442, 19748, 21850, 22062, 22063, 26339, 
         27473, 30000, 30318, 30524, 33330, 33331, 33332, 36283, 36805, 
         38931, 39626, 40193, 40764, 40765, 40766, 42721, 42722, 44172, 
         44173, 44670, 45884, 46821, 47559, 47851, 49107, 49962, 49963, 
         50887, 51242, 51243, 51601, 51602, 52217, 52637, 52797, 52798, 
         52929, 52930, 53159, 54737, 54738, 56511, 57011, 57553, 58061, 
         58503, 58504, 58899, 59538, 60994, 61366, 61367, 62212, 63080--
         63083, 66561, 66805, 69586, 69587, 70605, 71946, 71947, 74987, 
                                                                   77534
    Fishery management measures........3218, 10160, 10562, 14728, 47852, 
                                                            49963, 50888
    Authority citation revised..............................67811, 76142
679.1 Introductory text and (a)(2) amended.........................76166
679.2 Amended..........................43369, 76142, 76166, 76167, 80309
679.4 (d)(2)(ii), (6)(i)(A), (B), (e)(2) and (3) revised...........28737
    (a)(1)(i)(A), (iv)(A), (B), (3)(i), (iii), (b) heading, (3), 
(4), (5) heading, (iv), (e)(2), (3), (f) heading, (2), (3), (4), 
(g)(1), (k) heading and (l)(1)(iv) revised; (a)(1)(vii)(C), (xiv), 
(9), (b)(5)(vi)(C), (d)(1)(iii), (2)(iv), (3)(v), (k)(6)(x), 
(l)(1)(ii)(C) and (5)(ii) added; (a)(4) removed....................76143
    (b)(5)(ii), (iii), (d)(1)(i), (2)(i), (3)(i), (iv), (k) 
heading, (3)(ii)(A)(3), (4) introductory text and (5)(iv) amended 
                                                                   76167
679.5 (l)(7)(i)(C)(3) revised......................................31647
    (h)(1)(iii), (2) and (3) redesignated as new (h)(2)(ii), (3) 
and (4); new (h)(2) heading and (i) added; (a)(7)(i)(C), (D), 
(h)(1) introductory text and new (2)(ii) heading revised; eff. 10-
16-08..............................................................53392
    (j) and (m) removed; (a) through (f), (g)(1) introductory 
text, (h), (i), (l)(1)(iv) and (2) revised.........................76145

[[Page 1113]]

    (g)(1)(i) heading, (p)(2), (r)(3), (r)(5) and (10)(i)(B)(2) 
amended............................................................76167
679.7 (f) amended...................................................8824
    (a)(5) removed.................................................12900
    (f)(6)(iii) revised............................................28737
    (a)(1)(iii) added..............................................76164
679.20 (b)(1)(i) correctly amended.................................27770
    (e) heading and (g)(2)(iii) amended............................76168
679.21 (f) removed.................................................12900
    (a)(2) and (e)(7)(vii) amended.................................76168
679.22 (a)(16) through (20) added..................................43369
    (b)(5)(i) and (ii) revised; (b)(6) removed.....................76164
    (b)(1)(iii) amended............................................76168
679.24 (c)(4) revised..............................................28738
679.27 (j)(2) amended..............................................76168
679.28 (a), (b)(2)(iii), (iv), (vi)(A). (f)(4)(i), (ii) and (5) 
        revised; (b)(2)(v) removed; (f)(4)(iii) and (h) added......76165
    (c)(3)(i) amended..............................................76168
679.31 (a)(4) correctly amended; (c) and (e) references removed 
        from amendment table.......................................27770
679.40 (c)(3) revised; (h) added...................................76166
    (a)(2)(i)(D), (3)(v)(B) and (6)(i) amended.....................76168
679.41 (g)(4) revised; (m) added...................................28738
    (d)(2)(ii) amended.............................................76168
679.42 (k) removed; (l) redesignated................................8824
    (c), (h)(3) and (j)(8) revised; (h)(4) added...................76166
    (j) amended....................................................76168
679.50 (g)(1)(ix)(A) revised.......................................76166
    (c)(3)(i) and (ii) amended.....................................76168
679.61 (d)(1) and (e)(1) amended...................................76168
679.64 (a)(1)(ii) correctly removed; (a)(1)(iv) correctly revised; 
        (a)(3) reference removed...................................27770
679.80 (a)(2) revised..............................................67811
679.84 (b) amended.................................................76168
679 Table 24 revised................................................9037
    Tables 42 through 46 added.....................................43370
    Figures 16 and 17 added........................................43371
    Figure 21 added................................................43372
    Figure 3 amended...............................................76168
    Figure 5 amended...............................................76169
    Figure 7 revised...............................................76170
    Figure 12 revised..............................................76171
    Table 1 removed; Tables 1a, 1b and 1c added; Tables 2a and 2b 
revised............................................................76172
    Table 2a revised...............................................80309
    Table 2d revised...............................................76175
    Tables 2d, 10 and 11 revised...................................80310
    Table 4 revised................................................76176
    Table 9 removed; Tables 10, 11 and 12 revised..................76180
    Tables 14a and 14b revised.....................................76186
    Table 15 revised...............................................76187
680 Authority citation revised.....................................29982
    Fishery management measures....................................33925
680.2 Amended........................................29982, 35088, 76189
680.4 (b)(1) revised; (b)(3) and (n) added.........................29982
    (d)(3) revised.................................................76189
680.5 (a)(3)(i)(G) and (b) revised; (a)(2)(i)(L) and (m) added; 
        (c) and (d) removed........................................76189
680.7 (c)(6) added.................................................29982
    (e)(1) amended.................................................76190
680.20 (a)(1), (b)(1)(i), (c) introductory text and (e)(7) revised
                                                                   35088
    (g)(2)(ix) amended.............................................76190
680.21 (a)(1)(iii)(B) revised......................................35088
680.23 (b)(4) revised..............................................76190
680.40 (c)(5), (6), (e)(3) and (j)(4) added........................29983
    (j)(3)(i) and (ii) corrected...................................30320
    (b)(1)(ii), (2)(i)(B), (ii)(C), (c)(2)(v)(J), (4) introductory 
text, (h)(2)(i), (ii) and (6)(ii) revised..........................35088
    (c)(2)(vi)(A) amended..........................................76190
680.41 (c)(1)(i) revised; (c)(1)(iv), (v) and (vi) redesignated as 
        (c)(1)(vi), (vii) and (viii); new (c)(1)(iv) and (v) added
                                                                   29983
680.42 (a)(5) revised; (a)(7) added................................29983
    (b)(6) revised.................................................35088
680.44 (a)(2)(i) revised...........................................76190
697.2 Amended......................................................58061
697.7 (a)(4) revised...............................................11563
    (f) added......................................................58061
697.9 (a) revised..................................................67809
697.22 Introductory text and (a)(1) revised........................58061

[[Page 1114]]

                                  2009

50 CFR
                                                                   74 FR
                                                                    Page
Chapter VI
660 Temporary regulations...............6997, 34700, 48421, 67137, 67986
    Fishery management measures........7826, 20610, 26983, 29431, 31199, 
                                              37176, 42796, 57425, 61284
    Authority citation revised..............................31878, 55471
660.302 Amended.....................................................9886
660.303 (c) revised.................................................9886
660.306 (f)(7) added................................................9887
    (f)(1) through (6) redesignated as (f)(2) through (7); new 
(f)(1) added.......................................................10192
    (f)(1) corrected...............................................11881
660.314 (c)(1), (d)(3)(iii) introductory text, (B) and (e) 
        introductory text revised...................................9887
660.333 (a) revised; (f) removed...................................10192
    (a) corrected..................................................11881
660.335 (a)(2) revised; (f)(3) removed.............................10193
660.336 Added......................................................10193
    (a)(1) introductory text, (3)(i), (ii) and (iii) corrected.....11881
660.339 Revised....................................................10194
660.365 (b), (c), (d) and (g) revised...............................9887
660.370 (c)(1)(ii), (d), (h)(6)(i)(A), (B), (C), (ii)(A), (B) and 
        (C) revised.................................................9887
660.372 (b)(1) and (3)(i) revised...................................9888
    (b)(3)(iv) revised.............................................19013
660.373 (a), (b)(3)(ii) and (4) revised; (c)(4) added...............9888
    (a) revised....................................................10194
    (a) correctly revised..........................................11881
    (b)(1)(iii) and (4)(i) revised.................................20625
660.381 (c) introductory text and (d) introductory text revised.....9889
660.382 (c)(4) through (8) redesignated as (c)(10) through (14); 
        new (c)(4) through (9) added................................9889
660.383 (c)(4) through (10) redesignated as (c)(10) through (16); 
        new (c)(4) through (9) added................................9890
660.384 (c)(1)(i)(C) and (3)(i)(E) redesignated as (c)(1)(i)(D) 
        and (3)(i)(J); new (c)(1)(i)(D)(1) and (2), (iii)(A), (B), 
        (2)(iii), (3)(i)(A)(1) through (4), (ii)(A)(1) through 
        (4), (B), (iii)(A)(1) through (4), (iv), (v)(A)(2) and (3) 
        revised; (c)(1)(i)(C), (3)(i)(A)(5), (6), (3)(i)(E) 
        through (I), (ii)(A)(5), (6), (iii)(A)(5), (6) and 
        (v)(A)(4) added.............................................9890
660.385 (a), (b)(1), (2)(i)(A)(1), (B)(2), (3) and (e) revised......9893
660.390 (e) through (j) redesignated as (f) and (l) through (p); 
        new (e) and (g) through (k) added...........................9893
660.391 (d) through (m) redesignated as (e) through (n); (b)(25) 
        through (107), (c)(15) through (74) and new (e)(43) 
        through (331) revised; (b)(108) through (112), (c)(75) 
        through (79), (d), (e)(332) and (333) added.................9893
660.392 (a)(7) through (192), (f)(11) through (194), (g)(1) 
        through (28), (h)(1) through (14), (i)(1) through (16), 
        (j)(37) through (244), (k)(1) through (31) and (m)(1) 
        through (18) revised; (a)(193), (194), (195), (f)(195) 
        through (211), (i)(17) and (j)(245) through (254) added; 
        (g)(29) and (k)(32) through (38)removed.....................9898
660.393 (a)(34) through (297) and (h)(1) through (291) revised; 
        (a)(298) through (307) and (h)(292) through (302) added.....9905
660.394 (a)(1) through (281), (f)(90) through (128), (g)(1) 
        through (254), (l)(1) through (241), (m)(1) through (199) 
        and (r)(1) through (223) revised; (a)(282), (283), (284), 
        (f)(129), (g)(255), (256), (l)(242) through (245), 
        (m)(200) through (208) and (r)(224) through (231) added.....9911
660.301--660.399 (Subpart G) Tables 1 through 5 revised.............9923
    Tables 4 (North), 5 (South), 5 (North) and 5 (South) revised 
                                                                   19013
    Table 1a revised...............................................20625
    Tables 1a, 1b and 1c footnotes f and q revised.................20628

[[Page 1115]]

    Tables 3 (North), 3 (South), 4 (North), 4 (South), 5 (North) 
and 5 (South) revised..............................................31878
    Tables 3 (North), 3 (South), 4 (North), 4 (South) and 5 
(South) revised....................................................55471
    Tables 3 (North) and 3 (South) revised..................57119, 65487
    Table 2a and Footnote k following Tables 2a, 2b and 2c revised
                                                                   65483
660.502 Amended....................................................33373
660.505 (o) added..................................................33373
660.707 (e) added..................................................37178
665 Fishery management measures..............................6998, 48422
    Temporary regulations..........................................27253
    Policy statement; eff. 10-15-09................................47119
665.12 Amended.....................................................65479
665.13 Regulation at 73 FR 70604 confirmed.........................25650
    Regulation at 73 FR 70602 confirmed; eff. 10-5-09..............45757
665.14 Regulation at 73 FR 70602 confirmed; eff. 10-5-09...........45757
665.21 Regulation at 73 FR 70602 confirmed; eff. 10-5-09...........45757
665.22 Regulation at 73 FR 70602 confirmed; eff. 10-5-09...........45757
    (bb), (gg) and (hh) removed; (jj) revised......................65479
665.32 (a)(5) and (6) redesignated as (a)(6) and (7); new (a)(5) 
        and new (7)(iii)(C) added; (a)(1), (2), new (7)(ii) 
        introductory text and new (iii) introductory text revised; 
        new (a)(7)(iv), (vii), (viii), (ix) and (x) redesignated 
        as (a)(8) through (12); new (a)(7)(v) and (vi) 
        redesignated as new (a)(7)(iv) and (v).....................65479
665.33 (a), (c) and (e) removed; (b) and (f) revised...............65480
665.41 Regulation at 73 FR 70605 confirmed.........................25650
665.42 Regulation at 73 FR 70605 confirmed.........................25650
679 Temporary regulations....38, 233, 866, 2902, 3449, 5624, 5625, 5627, 
            6554, 6555, 6556, 7001, 8215, 8216, 8492, 8880, 8881, 9176, 
            9773, 9964, 9965, 10839, 10840, 10841, 11040, 11041, 11328, 
         11503, 11504, 11881, 12733, 12734, 14493, 15887, 16144, 16145, 
         17111, 17112, 18160, 19021, 19459, 22477, 23127, 23657, 23658, 
         23659, 26804, 26805, 30013, 32469, 33923, 35827, 36950, 37654, 
         37655, 37656, 38558, 38985, 40523, 42797, 44298, 44772, 45378, 
         45379, 45564, 46021, 48170, 48665, 50145, 50146, 50737, 51242, 
         51514, 51515, 51798, 52152, 52912, 55159, 55160, 55161, 57262, 
                  57949, 59106, 59479, 59918, 61583, 68713, 68715, 68717
    Fishery management measures............1946, 7332, 7333, 7359, 45131
    Regulation at 74 FR 1946 corrected..............................8882
    Technical correction...........................................17113
679.1 (f) heading correctly revised................................51513
    (l) added......................................................56745
679.2 Amended........................................18158, 42183, 56745
679.4 (a)(1) table and (e)(2) corrected.............................1632
    (l)(5)(iii) introductory text and (B) revised..................34703
    (k)(4)(vi) through (x) added; (k)(7)(i), (ii) introductory 
text, (iii), (v), (vi) and (viii)(A) revised.......................41090
679.5 (c)(1)(vi)(B)(3) corrected....................................1632
    (h)(5)(xv) corrected; (h)(5)(xvi) correctly added...............1633
    (h)(4)(x) added................................................34703
    (n)(1) revised.................................................51518
    (c)(1)(vi)(B) table, (g)(1) introductory text, (h)(2)(ii)(C), 
(k) introductory text, (l)(3) introductory text, (4) introductory 
text and (s)(4) correctly amended; (d) introductory text correctly 
added..............................................................62508
679.6 (a) revised..................................................56745
679.7 (a)(22) revised...............................................3448
    (b)(2) revised.................................................18158
    (a)(7)(vi) and (k)(3)(iv)(B) revised; (k)(3)(vii) added........34703
    (i)(2) through (5) and (8)(i) revised..........................41092
    (n)(7)(i) and (o)(4)(v) revised; (n)(7)(vi) and (o)(4)(vi) 
added..............................................................42183
    (p) added......................................................56746

[[Page 1116]]

679.20 (a)(5)(i)(D), (E), (F), (iv)(C) and (c)(2) removed; (c)(5) 
        and (6) amended.............................................8884
    (f)(2) amended.................................................13351
    Introductory text and (a)(1) revised...........................56746
    (g)(2)(iii) correctly amended..................................62508
    (a)(8)(ii) correctly revised...................................67139
679.22 (b)(6) correctly added......................................62508
679.24 (e)(3) introductory text revised; (e)(3)(i) and (ii) 
        redesignated as (e)(3)(ii) and (iii); new (e)(3)(i) added 
                                                                   13358
679.27 (j)(3), (5)(ii), (iii) and (6) correctly amended............62509
679.28 (f)(6)(iii) revised..........................................3448
679.30 (e)(1) correctly amended....................................62509
679.42 (j)(7) correctly amended....................................62509
679.50 (c)(5) correctly added; (c)(4)(i)(A) heading and (6) 
        heading correctly revised..................................51513
679.81 (e)(1)(iv) added; (e)(2) and (f) revised....................51518
679.82 (f)(3) removed; (f)(4) redesignated as new (f)(3); new 
        (f)(3)(i)(A), (ii)(A) amd (g)(3) revised...................56733
679.91 (b)(1)(iv) added; (b)(2) and (g) revised....................51518
679 Table 10 revised...............................................13351
    Tables 19 and 20 revised.......................................13358
    Figure 3 amended...............................................18158
    Figure 24 added................................................56746
    Figure 12 correctly revised....................................62509
    Figure 19 correctly revised....................................62511
    Table 10 correctly revised.....................................62512
    Table 13 correctly revised.....................................62515
680.2 Amended......................................................41095
680.5 (a)(2)(i)(G), (g)(1) and (2) revised.........................51519
680.7 (a)(7) and (8) revised; (a)(9) added.........................25457
    (a)(5) and (e)(2) revised; (e)(3) added........................41095
680.20 (a)(3) added; (d)(3), (4), (e)(5), (f)(4)(ii)(B), 
        (g)(2)(viii)(C)(2) and (h)(6) introductory text revised....51519
680.21 (f) revised.................................................51519
680.40 Heading, (f) heading and (1)(ii) revised....................51520
680.41 (b) and (h) revised.........................................51520
680.42 (b)(2) revised; (b)(7) added................................25457
680.44 (a)(4)(iii) revised.........................................51520
697.2 (a) amended..................................................37549
697.6 (n) through (s) added........................................37549
697.7 (c)(1)(v) and (3)(iii) revised; (c)(2)(xxi) added............37551
697.20 (b)(3) through (7), (g)(3) and (4) revised; (b)(8) and 
        (g)(5) through (8) added...................................37551

                                  2010

  (Regulations published from January 1, 2010, through October 1, 2010)

50 CFR
                                                                   75 FR
                                                                    Page
Chapter VI
660 Fishery management measures.........932, 11068, 24482, 33196, 44925, 
                                                            51183, 54791
    Authority citation revised.................8824, 23617, 23626, 39180
    Temporary regulations............................33733, 42610, 59156
660.10--660.99 (Subpart C) Added; eff. 11-1-10.....................60897
660.70 Redesignated from 660.390, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.71 Redesignated from 660.391, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.72 Redesignated from 660.392, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.73 Redesignated from 660.393, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.74 Redesignated from 660.394, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.75 Redesignated from 660.395, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.76 Redesignated from 660.396, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.77 Redesignated from 660.397, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.78 Redesignated from 660.398, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.79 Redesignated from 660.399, Subpart G, to Subpart C; eff. 
        11-1-10....................................................60995
660.100--660.160 (Subpart D) Added; eff. 11-1-10...................60897

[[Page 1117]]

660.210--660.232 (Subpart E) Added; eff. 11-1-10...................60897
660.310--660.333 (Subpart F) Added; eff. 11-1-10...................60897
660.321 Revised.....................................................8824
660.337 Added.......................................................4689
660.350--660.360 (Subpart G) Revised; eff. 11-1-10.................60995
660.372 (b)(3)(iv) revised.........................................23617
660.373 (b)(4)(i) revised..........................................23626
660.384 (c)(1)(i)(D)(2) revised.....................................8825
660.385 (b)(1) and (5) revised......................................8825
    (e) revised....................................................23626
660.390 Redesignated as 660.70, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.391 Redesignated as 660.71, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.392 Redesignated as 660.72, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.393 Redesignated as 660.73, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.394 Redesignated as 660.74, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.395 Redesignated as 660.75, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.396 Redesignated as 660.76, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.397 Redesignated as 660.77, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.398 Redesignated as 660.78, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.399 Redesignated as 660.79, Subpart C, from Subpart G; eff. 
        11-1-10....................................................60995
660.301--660.399 (Subpart G) Table 2a and Footnote cc following 
        Tables 2a, 2b and 2c revised................................8825
    Tables 3 (North), 3 (South), 4 (North), 4 (South) and 5 
(North) revised.....................................................8829
    Table 3 (North) revised.................................23617, 41385
    Table 2a amended...............................................23626
    Footnote aa following Tables 1a, 1b and 1c, Table 2a and 
footnote aa following Tables 2a, 2b and 2c revised.................38033
    Tables 3 (North) and 3 (South) revised.........................38037
    Table 2a and footnotes y/, z/ and aa/ correctly revised........39180
    Tables 3 (South), 4 (North), 4 (South) and 5 (North) revised 
                                                                   51686
    Tables 1a through 2c, Tables 3 (North) through 5 (South) and 
Figure 1 removed; eff. 11-1-10.....................................60995
660.701--660.721 (Subpart K) Table 2 redesignated as Table 3 in 
        Subpart C; eff. 11-1-10....................................60995
665 Revised.........................................................2205
    Temporary regulations..........................................17070
    Fishery management measures....................................53606
665.16 (a) and (b) revised..........................................3417
    Regulation at 75 FR 3417 eff. date corrected....................7205
665.20 Added; eff. 10-4-10.........................................54046
665.33 (b)(1) correctly revised.....................................1023
679 Temporary regulations.......792, 1723, 3873, 3874, 3875, 4491, 5251, 
            5541, 6129, 6588, 6589, 7205, 7403, 7976, 8547, 8839, 8840, 
            8841, 9358, 9534, 10441, 11471, 11749, 11778, 12463, 13237, 
         13444, 14359, 14498, 15626, 16021, 16359, 17315, 19561, 19562, 
         23189, 28502, 31321, 31717, 38430, 38936--38940, 39183, 39638, 
         39639, 39861, 41999, 42336, 42337, 42338, 43090, 44927, 51185, 
         52478, 52891, 53606, 53608, 53873, 53874, 53875, 54290, 54792, 
           55288, 55689, 55690, 56016, 56017, 56018, 56483, 57702, 59157
    Fishery management measures........................3180, 5541, 49422
    Technical correction...........................................23189
679.2 Amended..........................................604, 53056, 53069
679.5 (c)(4)(i)(B), (ii)(A)(1), (6)(ii)(A), (e)(10)(iii)(M), 
        (f)(1) introductory text, (iv), (2)(iii)(B)(1), (7) 
        introductory text and (i) revised; (f)(1)(vii) added.......53056
    (c)(3)(v)(F), (4)(v)(G) and (6)(v)(E) amended..................53069
679.7 (c)(1), (d)(6) and (9) through (23) removed; (d)(24) and 
        (25) redesignated as new (d)(6) and (9); (d)(7), (8) and 
        (k)(3)(vi) revised; (k)(8) added...........................53057
    (d)(18) amended................................................53069
    Regulation at 75 FR 53069 withdrawn............................58337

[[Page 1118]]

679.20 (a)(5)(i)(A)(3)(i) and (7)(iii)(B) amended..................53069
679.21 (a) removed; (b)(2)(ii), (3), (c), (e)(1)(vi), 
        (3)(i)(A)(1)(i), (7)(viii), (ix) and (g) revised; (b)(6) 
        and (f) added..............................................53058
    (e)(3)(v) amended..............................................53069
    (f)(4)(i)(D) table corrected...................................58337
679.22 (a)(10) and (h) revised.....................................53067
679.26 (c)(1) revised..............................................53067
    (c)(1) amended.................................................53069
    Regulation at 75 FR 53069 withdrawn............................58337
679.27 (j)(5)(iii) amended.........................................53069
679.28 (d)(7), (8), (i)(1)(iii), (iv) and (v) redesignated as 
        (d)(8), (9), (i)(1)(ii), (iii) and (iv); new (d)(7), 
        (g)(7)(vi)(C) and (7)(x)(F) added; new (d)(9)(i)(H), 
        (g)(2)(i), (7)(vii)(A), (C), (ix)(A), (x)(D) and (E) 
        revised; (j) added.........................................53067
    (d)(2)(ii) amended.............................................53069
679.32 (b), (d)(2)(ii)(B)(1) and (4)(ii) amended...................53069
679.42 (c) correctly revised.......................................20527
679.50 (c)(1) introductory text, (4)(iv) and (5) revised; 
        (c)(5)(i)(D) added.........................................53069
679.61 (f)(1) amended; (f)(2)(vi) revised..........................53069
679.93 (c)(9) amended..............................................53069
679 Figure 8 revised...............................................53069
    Tables 47a through 47d added...................................53071
680 Temporary regulations....................................7205, 50716
680.5 (a)(2)(i)(H) and (e) removed.................................56486
680.23 (b)(4) revised; (f)(3)(i) and (ii) amended..................56486


                                  [all]