[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Proposed Rules]
[Pages 2935-2939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-797]



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DEPARTMENT OF COMMERCE
50 CFR Part 676

[Docket No. 941266-4366; I.D. 121594B]
RIN 0648-AG45


Limited Access Management of Federal Fisheries In and Off of 
Alaska; Improve IFQ Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule to amend portions of the 
regulations implementing the Individual Fishing Quota (IFQ) Program for 
the Pacific halibut and sablefish fixed gear fisheries in and off of 
Alaska. This action is necessary because the IFQ Program needs further 
refinement prior to implementation in 1995, and is intended to improve 
the ability of NMFS to manage the halibut and sablefish fisheries.

DATES: Comments must be received by February 13, 1995.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, 709 W. 9th Street, Room 453, 
Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori 
J. Gravel. Copies of the Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (RIR/IRFA) for this action may be obtained from 
the above address.

FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The IFQ Program is a regulatory regime designed to promote the 
conservation and management of the halibut and sablefish fisheries, and 
to further the objectives of the Magnuson Fishery Conservation and 
Management Act and the Northern Pacific Halibut Act.
    Beginning in 1995, the Pacific halibut (Hippoglossus stenolepis) 
and sablefish (Anoplopoma fimbria) fixed gear fisheries in the areas 
defined in 50 CFR 676.10 (b) and (c) will be managed in accordance with 
the regulations codified at 50 CFR part 676. Further information on the 
implementation of this management program, and the rationale supporting 
it, is contained in the preamble to the final rule implementing the IFQ 
program published in the Federal Register, November 9, 1993 (58 FR 
59375).
    This action amends various portions of the regulations implementing 
the IFQ Program. Some of the changes are intended to clarify 
regulations that may be ambiguous. Other changes would add provisions 
intended to increase the efficacy of the IFQ program. All the changes 
are designed to make the IFQ Program more responsive to the 
conservation and management goals for the fishery resources.

Geographic Locations of Primary Ports

    Geographic location descriptions would be added to 
Sec. 676.17(a)(4) for the listed primary ports where vessel operators 
can obtain vessel clearances from clearing officers. If a vessel is 
required to be boarded prior to receiving clearance, the clearing 
officer will direct the person operating that vessel to a convenient 
docking facility within a reasonable distance of the geographic 
location provided in the regulations. When the final rule implemented 
the IFQ Program, a portion of the regulations was specifically reserved 
for geographic location descriptions. They would provide vessel 
operators with notification of the approximate locations where 
boardings may occur, if these are deemed necessary by a clearing 
officer.

Vessel Clearance in Alaska

    Paragraph (a)(5) would be added to Sec. 676.17, requiring a vessel 
operator to obtain vessel clearance from a clearing officer located at 
a primary port in the State of Alaska before that vessel operator lands 
IFQ species in a foreign port. This requirement would provide necessary 
information to NMFS Enforcement, so that it may thwart the landing of 
unreported IFQ species in foreign ports. This requirement is especially 
necessary for the designated Canadian ports, which are located between 
the primary ports of Ketchikan, AK, and Bellingham, WA. If vessel 
operators planning to land at the designated Canadian ports were 
permitted to clear in Bellingham, they would be able to land unreported 
fish in any Canadian port prior to clearing their vessel in Bellingham. 
This potential for nonreporting of IFQ product would be corrected by 
requiring vessel clearance in an Alaskan primary port prior to landing 
IFQ species in a foreign port.

Canadian Ports

    Paragraph (a)(6) would be added to Sec. 676.17, describing Port 
Hardy, Prince Rupert, and Vancouver, British Columbia, as the only 
Canadian ports where IFQ species may be landed. Designating these three 
ports would assist NMFS Enforcement in its task of ensuring that all 
IFQ species landed are properly recorded. Two issues, the multiplicity 
of ports on the coast of Canada that will not have enforcement 
presence, and the similarity between the Canadian Individual Vessel 
Quota (IVQ) Program and the U.S. IFQ Program, were determining factors 
in limiting the Canadian landing ports where IFQ species could be 
landed to three. Also, the three-port limit would be similar to the 
provisions of the agreement between the United States and Canada 
pertaining to the IVQ Program, under which IVQ product may be landed 
only at the following U.S. ports: Ketchikan, AK; Bellingham and Blaine, 
WA.

Definition of Clearing Officer

    A definition of ``clearing officer'' would be added to Sec. 676.11 
to mean a NMFS special agent, a NMFS fishery enforcement officer, or a 
NMFS enforcement aide who is authorized to provide vessel clearances 
and perform other duties as described in part 676. A clearing officer 
should not be confused with an authorized officer, as defined in 
Sec. 620.2 of this title. Changes would be made throughout part 676 
consistent with the new definition of a clearing officer. Creating a 
definition, and using it throughout the regulations, would assist in 
uniform interpretation of the regulations and consistent behavior based 
on that interpretation. Also, the proposed term would help prevent 
confusion with other terms already defined (e.g., authorized officer).

Landing Requirements

    Paragraph (a)(7) would be added to Sec. 676.17, requiring a vessel 
operator having any IFQ species onboard to land and weigh all species 
onboard at the same time and place as the first landing of any species 
onboard. For example, if a vessel had Pacific halibut (IFQ species), 
sablefish (IFQ species), and Pacific cod (non-IFQ species) onboard, and 
the operator wanted to offload the Pacific cod to a tender, the 
operator also would be required to offload and weigh the Pacific 
halibut and sablefish. This provision would ensure that all IFQ 
[[Page 2936]] species are reported, including IFQ species that might 
not be intended for sale. Requiring all species to be landed at the 
same time and place would assist NMFS Enforcement in this task.

Authorization To Board Vessels and Verify Landings

    Section 676.14(b)(2) would be revised to allow persons authorized 
by the International Pacific Halibut Commission (IPHC) to sample all 
IFQ halibut landings for biological information. Also, this revision 
would authorize clearing officers, authorized officers, and observers 
to verify, inspect, and sample all landings made with IFQ landings and 
to board vessels making IFQ landings. This authorization would assist 
NMFS Enforcement in ensuring that all IFQ species are reported and 
would aid persons authorized by the IPHC to accomplish their task of 
obtaining age, length, and other biological information for Pacific 
halibut, one of the IFQ species, by sampling commercial catch.

Definitions of Catcher Vessel, Freezer Vessel, and Trip

    Definitions in Sec. 676.11 of catcher vessel, freezer vessel, and 
trip would be changed to clarify that the definition of freezer vessel 
would be based on the capacity to freeze or process, similar to the 
definition of processor vessel in the groundfish regulations at 50 CFR 
672.2 and 675.2, and not based on whether freezing or processing occurs 
during any given trip. These definition changes would also eliminate 
the potential for vessel operators to begin new trips by crossing 
regulatory area boundaries. Eliminating this potential would require 
vessel operators to land any frozen product onboard, and thereby 
terminate the trip, prior to using catcher vessel IFQ on a freezer 
vessel. This requirement would assist in ensuring that all IFQ product 
is properly recorded as having been harvested with freezer vessel IFQ 
or catcher vessel IFQ.

Use of Catcher Vessel IFQ on Freezer Vessels

    A provision would be added to Sec. 676.22(i)(3) to clarify that 
vessel category lengths for vessels using catcher vessel IFQ specified 
at Sec. 676.20(a)(2) also apply to freezer vessels using catcher vessel 
IFQ. This provision would state specifically what the Council intended, 
but what might not have been apparent, because freezer vessels were not 
categorized by length in the regulations. For example, a person may 
only use catcher vessel IFQ Category C onboard a freezer vessel if that 
freezer vessel's length overall (LOA) is consistent with LOA categories 
in Sec. 676.20(a)(2)(iii) and the frozen product requirements in 
Sec. 676.22(i)(3). Clarifying the regulations governing the use of 
catcher vessel IFQ on freezer vessels is important, because the 
definitions of freezer vessel and catcher vessel would no longer depend 
on how a vessel is used on a particular trip.

Underages and Overages of an IFQ Account

    Paragraph (c) would be added to Sec. 676.17 to allow the addition 
of IFQ underages to a person's IFQ account for the following fishing 
year. Underages of up to 10 percent of a person's annual IFQ account 
for the current fishing year would be added to that person's annual IFQ 
account for the following fishing year. Any amount of the underage 
exceeding 10 percent would expire at the end of the current fishing 
year. This underage provision would be added to the IFQ Program to 
encourage persons not to harvest IFQ species when they are very close 
to their annual IFQ account limit. Allowing unused IFQ to be placed in 
the following year's account is intended to provide adequate incentive 
to encourage this behavior.
    Also, revisions to Sec. 676.17(b) would change overage accounting. 
Subtracting overages from a person's IFQ account for the following 
fishing year would remain as currently provided for in Sec. 676.17(b). 
Added to Sec. 676.17 would be paragraph (b)(1), which would include the 
following two-step test for forfeiture. First, does a portion of the 
IFQ species landed exceed the number of pounds remaining in the 
person's annual IFQ account? If yes, then does the portion of the IFQ 
species landed that exceeds the annual IFQ account also exceed 10 
percent of the total number of pounds that was remaining in the 
person's annual IFQ account prior to the landing? If the answer is 
again yes, the portion of the IFQ species landed that exceeded the 
pounds in a person's annual IFQ account would be forfeited. A new 
paragraph (a)(2) would allow an exception to the forfeiture provision 
if the IFQ species landed that exceeded the amount of pounds remaining 
in a person's annual IFQ account was less than 400 lb (181.4 kg). The 
IFQ Implementation Workgroup, made up of members of the fishing 
industry selected by the Council, suggested using the 10 percent 
threshold for the underage carryover limit and overage forfeitures, 
because that was the percentage used by the Canadian IVQ fishery. Also, 
the 400-lb (181.4 kg) exception was included to prevent requiring 
forfeiture when only one fish was caught. For example, a person whose 
account has 150 lb (68 kg), and who catches a 200 lb (90.7 kg) halibut, 
would trigger the forfeiture rule (200 lb (90.7 kg)--150 lb (68 kg)=50 
lb (22.7 kg); 50 lb (22.7 kg) is greater than 10 percent of 150 lb (68 
kg)). A 400 lb (181.4 kg) exception was determined to be sufficient to 
accommodate situations in which large halibut may be harvested.

Hail Weights for Vessel Clearance

    In Sec. 676.17(a), the requirement that a vessel operator obtaining 
prelanding written clearance provide an estimated weight of IFQ species 
onboard would be changed to the requirement that the vessel operator 
provide the weight of IFQ species onboard. This requirement would apply 
when a vessel operator is obtaining vessel clearance in a port in 
Alaska prior to departing waters in, or adjacent to, the State of 
Alaska and when a vessel operator is reporting to the Alaska Region, 
NMFS, prior to obtaining vessel clearance at a port in Washington or 
another state. Providing the weight of the IFQ species onboard would 
assist NMFS Enforcement in ensuring that all IFQ species are reported. 
Without this requirement, a vessel operator would be able to land 
unreported IFQ species in Canadian ports prior to making reported 
landings elsewhere and there would be insufficient information to 
monitor this occurrence.

Prior Notice of IFQ Landing

    A provision would be added to Sec. 676.14(a), requiring a vessel 
operator to provide the Alaska Region, NMFS, with vessel 
identification, the estimated weight of IFQ species to be landed, and 
the IFQ cards that will be used to make the landing. This information, 
together with the name and location of the registered buyer and the 
anticipated date and time of landing, must be reported no later than 6 
hours before landing IFQ species. Reporting the above information would 
provide NMFS Enforcement with the means necessary to select the most 
appropriate vessels and ports to monitor.

Product Recovery Rates and Conversion Factors for IFQ Species

    Paragraph (c)(3)(i) would be added to Sec. 676.22, referencing the 
appropriate product recovery rates (PRR) for sablefish in Table 1 to 
Sec. 672.20. Also, paragraph (ii) would be added to Sec. 676.22(c)(3), 
providing the appropriate conversion factors for Pacific halibut. 
Reference to the PRR for sablefish and the conversion factors for 
halibut would be included in the IFQ regulations to provide information 
on how deductions would be made to a person's annual IFQ 
[[Page 2937]] account. For sablefish, the debited amount would be the 
round-weight equivalent. For halibut, the debited amount would be the 
gutted, head-off weight. Round-weight equivalents and gutted, head-off 
weights were used to determine quota share (QS) amounts for sablefish 
and halibut, respectively. They also were the weights used to determine 
annual total allowable catches for those species.

Registered Buyer Permit

    Section 676.13(a)(2) would be revised to eliminate the requirement 
that persons who harvest IFQ species and transfer those IFQ species 
outside of an IFQ regulatory area must hold a registered buyer permit. 
In Sec. 676.13(a)(2), the current paragraph (ii) would be removed and 
paragraph (iii) would be redesignated as paragraph (ii). Section 
676.13(a)(2) also would be revised to reflect this change. The current 
paragraph (ii) would be eliminated to avoid the implication that a 
registered buyer permit would be needed to harvest and land IFQ species 
at a shore-based processor located in the State of Alaska, but not 
located in an IFQ regulatory area.
    Also, as a technical change, the last word in the first sentence of 
Sec. 676.24(j)(4) would be changed from ``section'' to ``part.''

Frameworking for Start of Sablefish Fishery

    Section 676.23(b) would be revised to allow the Director, Alaska 
Region, NMFS (Regional Director), to establish the start of the IFQ 
sablefish directed fishery. Currently, paragraph (b) has a fixed date 
for starting the sablefish directed fishery. Under the framework 
provision, the Regional Director would take into account the opening 
date of the Pacific halibut season when determining the opening date 
for the sablefish directed fishing season. Allowing flexibility in 
starting the sablefish directed fishery would permit its coordination 
with the start of the halibut fishery, which is determined by the IPHC. 
Starting the sablefish and halibut seasons concurrently would benefit 
persons who harvest IFQ species, as well as the fishery resources. 
Persons who harvest IFQ species would benefit economically, because 
they would be able to retain both species, rather than having to 
discard one species because its season was closed. Also, the fisheries 
under the IFQ Program would benefit because regulatory discards, and 
resulting mortality caused by those discards, would be reduced.

Classification

    An IRFA was prepared for this rule that described and estimated the 
total number of small entities affected, and analyzed the economic 
impact on those small entities of the vessel clearance, Canadian port 
changes, and offloading requirements. It is estimated that more than 20 
percent of the 7,200 vessel/owners involved in the IFQ Program will be 
affected by these changes, which would increase compliance costs. Based 
on these analyses, it was determined that this action would, if 
adopted, have a significant economic impact on a substantial number of 
small entities. Copies of the IRFA can be obtained from NMFS (see 
ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 676

    Fisheries, Reporting and recordkeeping requirements.

    Dated: January 6, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 676 is 
proposed to be amended as follows:

PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF 
OF ALASKA

    1. The authority citation for 50 CFR part 676 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq. and 1801 et seq.

    2. Section 676.11 is amended by revising the definitions of 
``Catcher vessel'', ``Freezer vessel'', and ``Trip''; and by adding the 
definition of ``Clearing officer'' to read as follows:


Sec. 676.11  Definitions.

* * * * *
    Catcher vessel, as used in this part, means any vessel that is used 
to catch, take, or harvest fish that are subsequently iced, headed, 
gutted, bled, or otherwise retained as fresh, unfrozen, fish onboard.
    Clearing officer means a NMFS special agent, a NMFS fishery 
enforcement officer, or a NMFS enforcement aide who performs the 
function of clearing vessels at one of the primary ports listed in 
Sec. 676.17(a)(4).
* * * * *
    Freezer vessel means any vessel that can be used to process some or 
all of its catch.
* * * * *
    Trip, as used in this part, means the period beginning when a 
vessel operator commences harvesting IFQ species and ending when the 
vessel operator lands any species.
    3. Section 676.13 is amended by revising the first sentence of 
(a)(2) introductory text, paragraphs (f)(1), and (f)(2); by removing 
paragraph (a)(2)(ii), and by redesignating paragraph (a)(2)(iii) as 
paragraph (a)(2)(ii); and amending paragraph (a)(2)(i) by adding the 
word ``or'' to the end of the phrase to read as follows:


Sec. 676.13  Permits.

    (a) * * *
    (2) Any person who receives IFQ halibut or IFQ sablefish from 
person(s) that harvested the fish must possess a registered buyer 
permit, except under conditions of paragraph (a)(2)(i) and (ii) of this 
section. * * *
* * * * *
    (f) * * * (1) A legible copy of any IFQ permit issued under this 
section must be carried onboard the vessel used by the permitted person 
to harvest IFQ halibut or IFQ sablefish at all times that such fish are 
retained onboard. Except as specified in Sec. 676.22(d), an individual 
who is issued an IFQ card must remain onboard the vessel used to 
harvest IFQ halibut or IFQ sablefish with that card until all such fish 
are landed, and must present a copy of the IFQ permit and the original 
IFQ card for inspection on request of any authorized officer, clearing 
officer, or registered buyer purchasing IFQ species.
    (2) A legible copy of the registered buyer permit must be present 
at the location of an IFQ landing, and must be made available for 
inspection on request of any authorized officer or clearing officer.
* * * * *
    4. Section 676.14 is amended by revising paragraphs (a), (b)(1), 
(b)(2), (e), and (f) to read as follows:


Sec. 676.14  Recordkeeping and reporting.

* * * * *
    (a) Prior notice of IFQ landings. The operator of any vessel that 
makes an IFQ landing must notify the Alaska Region, NMFS, no later than 
6 hours before landing IFQ halibut or IFQ sablefish, unless permission 
to commence an IFQ landing within 6 hours of notification is granted by 
a clearing officer. Such notification of IFQ landings must be made to 
the toll-free telephone number specified on the IFQ permit between the 
hours of 0600 and 2400 Alaska local time. The notification must include 
the name and location of the registered buyer(s) to whom the IFQ 
halibut or IFQ sablefish will be landed, the estimated weight of the 
IFQ halibut or IFQ sablefish that will be landed and the 
[[Page 2938]] identification number(s) of the IFQ card(s) that will be 
used to land the IFQ halibut or IFQ sablefish and the anticipated date 
and time of the landing.
    (b) * * *
    (1) IFQ landings may be made only between the hours of 0600 and 
1800 Alaska local time unless permission to land at a different time is 
granted in advance by a clearing officer. An IFQ landing may continue 
after this time period, if it was started during the period.
    (2) All vessels making IFQ landings, and the landings made by those 
vessels, are subject to verification, inspection, and sampling by 
authorized officers, clearing officers, and observers. Also, all IFQ 
halibut landings are subject to sampling for biological information by 
persons authorized by the IPHC.
* * * * *
    (e) Transshipment. No person may transship processed IFQ halibut or 
processed IFQ sablefish between vessels without providing at least 24 
hours advance notification to a clearing officer that such 
transshipment will occur. No person may transship processed IFQ halibut 
or IFQ sablefish between vessels at any location not authorized by a 
clearing officer.
    (f) A copy of all reports and receipts required by this section 
must be retained by registered buyers and be available for inspection 
by an authorized officer or a clearing officer for a period of 3 years.
    5. Section 676.17 is amended by revising paragraphs (a) 
introductory text, (a)(4), and (b), and by adding paragraphs (a) (5) 
through (7) and (c) to read as follows:


Sec. 676.17  Facilitation of enforcement and monitoring.

* * * * *
    (a) Vessel Clearance. Any person who makes an IFQ landing at any 
location other than in an IFQ regulatory area or in the State of Alaska 
must obtain prelanding written clearance of the vessel on which the IFQ 
halibut or IFQ sablefish are transported to the IFQ landing location, 
and provide the weight of IFQ halibut or IFQ sablefish onboard to the 
clearing officer. For vessels obtaining clearance at a port in the 
State of Alaska, clearance must be obtained prior to departing waters 
in or adjacent to the State of Alaska. For vessels obtaining clearance 
at a port in the State of Washington or another state, the weight of 
the IFQ halibut or IFQ sablefish onboard and the intended date and time 
the vessel will obtain clearance at the port in the State of Washington 
or another state must be reported to NMFS, Alaska Region. Such reports 
must be submitted prior to departing waters in, or adjacent to, the 
State of Alaska, and in accordance with the terms of the registered 
buyer permit.
* * * * *
    (4) Unless specifically authorized on a case-by-case basis, vessel 
clearances will be issued only by clearing officers at the following 
primary ports:

------------------------------------------------------------------------
            Port                 North latitude        West longitude   
------------------------------------------------------------------------
Akutan......................  54 deg.08'05''        165 deg.46'20'      
Bellingham..................  48 deg.45'04''        122 deg.30'02''     
Cordova.....................  60 deg.33'00''        145 deg.45'00''     
Craig.......................  55 deg.28'30''        133 deg.09'00''     
Dutch Harbor/Unalaska.......  53 deg.53'27''        166 deg.32'05''     
Excursion Inlet.............  58 deg.25''00'        135 deg.26'30''     
Homer.......................  59 deg.38'40''        151 deg.33'00''     
Ketchikan...................  55 deg.20'30''        131 deg.38'45''     
King Cove...................  55 deg.03'20''        162 deg.19'00''     
Kodiak......................  57 deg.47'20''        152 deg.24'10''     
Pelican.....................  57 deg.57'30''        136 deg.13'30''     
Petersburg..................  56 deg.48'10''        132 deg.58'00''     
St. Paul....................  57 deg.07'20''        170 deg.16'30''     
Sand Point..................  55 deg.20'15''        160 deg.30'00''     
Seward......................  60 deg.06'30''        149 deg.2630''      
Sitka.......................  57 deg.03'            135 deg.20'         
Yakutat.....................  59 deg.33'            139 deg.44'         
------------------------------------------------------------------------

    (5) A vessel operator who lands IFQ species in a foreign port must 
first obtain vessel clearance from a clearing officer located at a 
primary port in the State of Alaska.
    (6) No person shall land IFQ species in Canada at a port other than 
ports of Port Hardy, Prince Rupert, or Vancouver, British Columbia.
    (7) A vessel operator must land and report all IFQ species onboard 
at the same time and place as the first landing of any species 
harvested during a fishing trip.
    (b) Overages. Any person who harvests IFQ halibut or IFQ sablefish 
must hold sufficient unused IFQ for the harvest before beginning a 
fishing trip and must not harvest halibut or sablefish using fixed gear 
in any amount greater than the amount indicated under that person's 
current IFQ permit. Any IFQ halibut or IFQ sablefish harvested or 
landed in excess of a specified IFQ will be considered an ``IFQ 
overage.'' The Regional Director will deduct an amount equal to the 
overage from the IFQ allocated in the year following the determination 
of the overage. An overage deduction will be specific to each IFQ 
regulatory area 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 overage. Furthermore, penalties may be assessed 
pursuant to 15 CFR part 904 for exceeding an annual IFQ account.
    (1) In addition to penalties that may be assessed for exceeding an 
annual IFQ account, the portion of the IFQ species landed that exceeds 
10 percent of the total amount of pounds remaining in a person's annual 
IFQ account prior to a landing will be subject to forfeiture.
    (2) An exception is granted to the forfeiture provision in 
paragraph (b)(1) of this section, if the portion of the landed IFQ 
species that exceeds the annual IFQ account is less than 400 lb (181.4 
kg).
    (c) 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 adjustment to the annual IFQ allocation will be specific 
to each IFQ regulatory area 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.
    6. Section 676.22 is amended by adding paragraphs (c)(3)(i) and 
(c)(3)(ii), [[Page 2939]] and by revising paragraph (i)(3) to read as 
follows:


Sec. 676.22  Limitations on the use of QS and IFQ.

* * * * *
    (c) * * *
    (3) * * *
    (i) The amount of sablefish to be reported to NMFS for debit from 
an IFQ account will be the round-weight equivalent determined by 
dividing the initial accurate scale weight of the sablefish product 
obtained at time of landing by the standard product recovery rates for 
sablefish in Table 1 to Sec. 672.20 of this chapter.
    (ii) The amount of halibut to be reported to NMFS for debit from an 
IFQ account will be the gutted, head-off weight determined by 
multiplying the initial accurate scale weight of the halibut obtained 
at the time of landing by the following conversion factors:

------------------------------------------------------------------------
  Product                                                     Conversion
   code                    Product description                  factor  
------------------------------------------------------------------------
01........  Whole fish......................................        0.75
04........  Gutted, head on.................................        0.90
05........  Gutted, head off................................        1.00
------------------------------------------------------------------------

* * * * *
    (i) * * *
    (3) Catcher vessel IFQ may be used on a freezer vessel, provided 
that the length of the freezer vessel using the catcher vessel IFQ is 
consistent with the vessel category of the catcher vessel IFQ, as 
specified at Sec. 676.20(a)(2)(ii) through (iv), and no frozen or 
otherwise processed fish products are onboard at any time during a 
fishing trip on which catcher vessel IFQ is being used. A vessel using 
catcher vessel IFQ may not land any IFQ species as frozen or otherwise 
processed product. Processing of fish on the same vessel that harvested 
those fish using catcher vessel IFQ is prohibited.
* * * * *
    7. Section 676.23 is amended by revising paragraph (b) to read as 
follows:


Sec. 676.23  IFQ fishing season.

* * * * *
    (b) Directed fishing for sablefish using fixed gear in any IFQ 
regulatory area may be conducted in any fishing year during the period 
specified by the Regional Director through notification published in 
the Federal Register. The Regional Director will take into account the 
opening date of the Pacific halibut season when determining the opening 
date for sablefish for the purposes of reducing bycatch and regulatory 
discards between the two fisheries. Catches of sablefish by fixed gear 
during other periods may be retained up to the directed fishing 
standards specified at Secs. 672.20(g) and 675.20(h) of this chapter if 
an individual is onboard when the catch is made who has a valid IFQ 
card and unused IFQ in the account on which the card was issued. 
Catches of sablefish in excess of the directed fishing standards and 
catches made without IFQ must be treated in the same manner as 
prohibited species.
    8. Section 676.24 is amended by revising paragraph (j)(4) to read 
as follows:


Sec. 676.24  Western Alaska Community Development Quota Program.

* * * * *
    (j) * * *
    (4) No person may alter, erase, or mutilate a CDQ permit, card, 
registered buyer permit, or any valid and current permit or document 
issued under this part. Any such permit, card, or document that has 
been intentionally altered, erased, or mutilated will be invalid.
* * * * *
[FR Doc. 95-797 Filed 1-11-95; 8:45 am]
BILLING CODE 3510-22-W