[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Rules and Regulations]
[Pages 19686-19690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10462]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 674 and 679

[Docket No. 970326069-7069-01; I.D. 022597F]
RIN 0648-AJ38


Fisheries of the Exclusive Economic Zone Off Alaska; High Seas 
Salmon Fishery Off Alaska

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

ACTION: Final rule and technical amendment.

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SUMMARY: NMFS is consolidating 50 CFR part 674 into 50 CFR part 679 as 
part of the President's Regulatory Reform Initiative. NMFS is also 
correcting a technical error in regulations implementing pelagic trawl 
performance standards for the Alaska groundfish trawl fleet. NMFS is 
also correcting cross-references contained in the Individual Fishing 
Quota program and in the recordkeeping and reporting requirements.

EFFECTIVE DATE: May 23, 1997.

ADDRESSES: Comments on the collection-of-information requirements 
repromulgated by this rule may be sent to the Office of Information and 
Regulatory Affairs (OIRA), Office of Management and Budget (OMB)(0648-
0206), Washington, DC 20503, and to Patsy A. Bearden, Alaska Region, 
NMFS, P.O. Box 21668, Juneau, AK 99802.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Final Rule

    The Magnuson-Stevens Fishery Conservation and Management Act 
authorizes the North Pacific Fishery Management Council (Council) to 
prepare and amend fishery management plans for any fishery in waters 
under its jurisdiction. In December 1978, the Council prepared the 
Fishery Management Plan for the High Seas Salmon Fishery off the Coast 
of Alaska East of 175 deg. E. Long. (Salmon FMP) and submitted it to 
the Secretary of Commerce (Secretary) for approval. On May 3, 1979, the 
Secretary approved the Salmon FMP, and it was implemented in May 1979 
by Federal regulations at 50 CFR part 674.
    As a result of the President's Regulatory Reform Initiative (61 FR 
31228, June 19, 1996), NMFS removed parts 671, 672, 673, 675, 676, and 
677 of title 50 CFR and consolidated the regulations contained therein 
into one new part, 50 CFR part 679. The consolidation of 50 CFR part 
674, the regulations implementing the Salmon FMP, was delayed due to 
extensive review of the management of the High Seas Salmon Fishery by 
NMFS. This final rule removes 50 CFR part 674 and consolidates the 
regulations contained therein into 50 part 679. This action provides 
the public with a single reference source for the Federal fisheries 
regulations specific to the EEZ off Alaska and results in regulations 
that are more concise and easier to use.

Technical Amendment

    Regulations implementing the Fishery Management Plan for Groundfish 
of the Gulf of Alaska and the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area appear 
at 50 CFR part 679. Due to the complexity of the consolidation of the 
six parts into part

[[Page 19687]]

679 and the reorganization of material contained therein, an error was 
introduced into the regulatory text. The original intent of regulations 
at Sec. 679.7(b) and (c)(3) was to prohibit the possession of 20 or 
more crabs by the operator of a vessel using trawl gear when directed 
fishing with nonpelagic trawl gear is prohibited. The final rule 
implementing this provision was published in the Federal Register on 
July 26, 1993 (58 FR 39680), and correctly implemented the intent of 
regulations. NMFS is correcting regulations that, during the 
consolidation of regulations at 50 CFR part 679, inadvertently changed 
the regulatory language implementing this provision and also omitted 
its application to the GOA.
    NMFS is correcting a cross-reference contained in the introductory 
text to Sec. 679.42(j). The last sentence of this paragraph references 
Sec. 676.41(c). Part 676 in title 50 of the CFR was removed as part of 
NMFS' consolidation of Alaska-related regulations. The regulations 
contained in part 676 were consolidated in part 679. However, when NMFS 
published the final rule implementing Amendments 33 and 37 to the BSAI 
and GOA FMPs, respectively, an error was inadvertently introduced into 
the regulatory text. Reference was made to part 676 rather than the 
newly consolidated Alaska regulations contained in part 679 (June 27, 
1996, 61 FR 33385). This action corrects the cross-reference contained 
in the introductory text to paragraph (j) of Sec. 679.41.
    NMFS is also correcting a cross-reference contained in 
Sec. 679.5(a)(1). On September 24, 1996, NMFS issued a final rule, 
technical amendment which clarified the recordkeeping requirements for 
catcher vessels under 60 ft (18.3m) length overall by specifically 
exempting them from the requirement to comply with recordkeeping and 
reporting requirements contained in Sec. 679.5(a)-(k). However, a 
cross-reference error was inadvertently introduced into the regulatory 
text in Sec. 679.5(a)(1). The cross-reference currently reads 
``paragraph (a)(iii)''. This action corrects the cross-reference 
contained in Sec. 679.5(a)(1) to read ``paragraph (a)(1)(iii)''.

Classification

    This final rule makes only nonsubstantive changes to existing 
regulations issued after prior notice and an opportunity for public 
comment. This technical amendment makes only minor, non-substantive 
corrections to an existing rule. Therefore, prior notice and 
opportunity for public comment would serve no purpose. Accordingly, the 
Assistant Administrator for Fisheries, under 5 U.S.C. 553(b)(B), for 
good cause finds that prior notice and opportunity for public comment 
are unnecessary.
    Because a general notice of proposed rulemaking is not required to 
be published for this rule by 5 U.S.C. 553 or by any other law, this 
rule is exempt from the Regulatory Flexibility Act requirement to 
prepare a regulatory flexibility analysis and none has been prepared.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA unless that collection of information displays a currently 
valid OMB control number.
    This rule contains a collection of information requirement subject 
to the PRA that has already been approved by OMB under control number 
0648-0206. The estimated response time for this requirement is 0.50 
hours for a permit application for high seas trollers in the salmon 
fishery. The estimated response time shown includes the time to review 
instructions, search existing data sources, gather and maintain the 
data needed, and complete and review the collection of information.
    Send comments regarding this burden estimate, or any other aspect 
of this collection-of-information, including suggestions for reducing 
the burden, to NMFS and OIRA, OMB (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of E.O. 12866. The technical amendment makes minor technical 
changes to a rule that has been determined to be not significant for 
purposes of E.O. 12866. No changes in the regulatory impact previously 
reviewed and analyzed will result from implementation of this technical 
amendment.

List of Subjects

50 CFR Part 674

    Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: April 16, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For reasons set out in the preamble, 50 CFR chapter VI is amended 
as follows:

PART 674--HIGH SEAS SALMON FISHERY OFF ALASKA [REMOVED]

    1. Under the authority of 16 U.S.C. 1801 et seq. and 16 U.S.C. 3631 
et seq., part 674 is removed.

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    2. The authority citation for 50 CFR part 679 is revised to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

    3. In Sec. 679.1, paragraph (i) is added to read as follows:


Sec. 679.1  Purpose and scope.

* * * * *
    (i) Fishery Management Plan for the High Seas Salmon Fishery off 
the Coast of Alaska East of 175 Degrees East Longitude (Salmon FMP). 
Regulations in this part govern fishing for salmon by fishing vessels 
of the United States in the EEZ seaward of Alaska east of 175 deg. E. 
long., referred to as the High Seas Salmon Management Area.
    4. In Sec. 679.2, the introductory paragraph of the definition of 
``Authorized fishing gear'' and the definition of ``Optimum yield''are 
revised; and paragraphs (13) and (14) of the definition of ``Authorized 
fishing gear'', the definition of ``Commercial fishing'', the 
definition of ``High Seas Salmon Management Area'', paragraph (3) of 
the definition of ``Person'', and the definitions of ``Personal use 
fishing'' and ``Salmon'' are added to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Authorized fishing gear means fixed gear, hook-and-line, jig, 
longline, longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-
and-line, trawl, hand troll gear, and power troll gear: * * *
    (13) Hand troll gear means, for purposes of the High Seas Salmon 
Fishery, one or more lines with lures or hooks attached, drawn through 
the water behind a moving vessel, and retrieved by hand or hand-cranked 
reels or gurdies and not by any electrically, hydraulically, or 
mechanically-powered device or attachment.
    (14) Power troll gear means, for purposes of the High Seas Salmon 
Fishery, one or more lines, with hooks or lures attached, drawn through 
the water behind a moving vessel, and originating from a power gurdy or 
power-driven spool fastened to the

[[Page 19688]]

vessel, the extension or retraction of which is directly to the gurdy 
or spool.
* * * * *
    Commercial fishing, for purposes of the High Seas Salmon Fishery, 
means fishing for fish for sale or barter.
* * * * *
    High Seas Salmon Management Area means the portion of the EEZ off 
Alaska east of 175 degrees E. long. The High Seas Salmon Management 
Area is divided into a West Area and an East Area:
    (1) The West Area consists of the waters of the High Seas Salmon 
Management Area which are west of 143 deg.53'36'' W. long. (Cape 
Suckling).
    (2) The East Area consists of the waters of the High Seas Salmon 
Management Area east of 143 deg.53'36'' W. long.
* * * * *
    Optimum yield means:
    (1) With respect to the High Seas Salmon Fishery, that amount of 
any species of salmon which will provide the greatest overall benefit 
to the Nation, with particular reference to food production and 
recreational opportunities, as specified in the Salmon FMP.
    (2) With respect to the groundfish fisheries, see 
Sec. 679.20(a)(1).
* * * * *
    Person * * *
    (3) For purposes of High Seas Salmon Fishery permits issued under 
Sec. 679.4(h), the term ``person'' excludes any nonhuman entity.
    Personal use fishing means, for purposes of the High Seas Salmon 
Fishery, fishing other than commercial fishing.
* * * * *
    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).
* * * * *
    5. In Sec. 679.3, paragraph (f) is added to read as follows:


Sec. 679.3  Relation to other laws.

* * * * *
    (f) Domestic fishing for high seas salmon. (1) Additional 
regulations governing the conservation and management of high seas 
salmon are set forth in Sec. 600.705 of this chapter.
    (2) This part does not apply to fishing for salmon by vessels other 
than vessels of the United States conducted under subpart H, part 660 
(West Coast Salmon Fisheries) under the North Pacific Fisheries Act of 
1954, 16 U.S.C. 1021-1035, concerning fishing for salmon seaward of 
Washington, Oregon, and California.
    (3) The High Seas Salmon Fishery is administered in close 
coordination with ADF&G's administration of the State of Alaska's 
regulations governing the salmon troll fishery off Southeast Alaska. 
Because no commercial fishing for salmon is allowed in the EEZ west of 
Cape Suckling, all commercial salmon fishing west of Cape Suckling must 
take place in Alaska's territorial sea and, consequently, is subject to 
Alaska's management authority.
    (4) For State of Alaska statutes and regulations governing 
commercial fishing, see Alaska Statutes, title 16--Fish and Game; title 
5 of the Alaska Administrative Code, chapters 1-39.
    (5) For State of Alaska regulations specifically governing the 
salmon troll fishery, see 5 Alaska Administrative Code 30 (Yakutat 
Area), and 5 Alaska Administrative Code 33 (Southeastern Alaska Area).
    (6) For State of Alaska statutes and regulations governing sport 
and personal use salmon fishing other than subsistence fishing, see 
Alaska Statutes, title 16--Fish and Game; 5 Alaska Administrative Codes 
42.010 through 75.995.
    (7) For State of Alaska statutes and regulations governing 
subsistence fishing, see Alaska Statutes, title 16--Fish and Game; 5 
Alaska Administrative Codes 01, 02, 39, and 99.010.
    6. In 679.4, paragraph (h) is added to read as follows:


Sec. 679.4  Permits.

* * * * *
    (h) High Seas Salmon permits--(1) Operators of commercial fishing 
vessels using power troll gear. The operator of a fishing vessel using 
power troll gear may engage in commercial fishing for salmon in the 
High Seas Salmon Management Area if the operator:
    (i) Held a valid State of Alaska power troll permanent entry permit 
on May 15, 1979, or is a transferee under paragraph (h)(13) of this 
section from an operator who held such a permit on that date;
    (ii) Held a valid State of Alaska power troll interim use permit on 
May 15, 1979; or
    (iii) Holds a High Seas Salmon Fishery permit issued by the 
Regional Administrator under paragraph (h)(7) of this section.
    (2) Crew members and other persons not the operator of a commercial 
fishing vessel using power trawl gear. Crew members or other persons 
aboard but not the operator of a fishing vessel may assist in the 
vessel's commercial salmon fishing operations in the High Seas 
Management Area without a permit if a person described in paragraph 
(h)(1)(i) through (iii) of this section is also aboard the vessel and 
is engaged in the vessel's commercial fishing operations.
    (3) Personal use fishing. Any person who holds a valid State of 
Alaska sport fishing license may engage in personal use fishing in the 
High Seas Salmon Management Area.
    (4) Duration. Authorization under this paragraph (h) to engage in 
fishing for salmon in the High Seas Salmon Management Area constitutes 
a use privilege which may be revoked or modified without compensation.
    (5) Eligibility criteria for permits issued by the Regional 
Administrator. (i) Any person is eligible to be issued a High Seas 
Salmon Fishery permit under paragraph (h)(7) of this section if that 
person, during any one of the calendar years 1975, 1976, or 1977:
    (A) Operated a fishing vessel in the High Seas Salmon Management 
Area.
    (B) Engaged in commercial fishing for salmon in the High Seas 
Salmon Management Area.
    (C) Caught salmon in the High Seas Salmon Management Area using 
power troll gear.
    (D) Landed such salmon.
    (ii) The following persons are not eligible to be issued a High 
Seas Salmon Fishery permit under paragraph (h)(7) of this section:
    (A) Persons described in paragraph (h)(1)(i) or (h)(1)(ii) of this 
section.
    (B) Persons who once held but no longer hold a State of Alaska 
power troll permanent entry or interim-use permit.
    (6) Application. Applications for a High Seas Salmon Fishery permit 
must be in writing, signed by the applicant, and submitted to the 
Regional Administrator, at least 30 days prior to the date the person 
wishes to commence fishing, and must include:
    (i) The applicant's name, mailing address, and telephone number.
    (ii) The vessel's name, USCG documentation number or State of 
Alaska registration number, home port, length overall, registered 
tonnage, and color of the fishing vessel.
    (iii) The type of fishing gear used by the fishing vessel.
    (iv) State of Alaska fish tickets or other equivalent documents 
showing the actual landing of salmon taken in the High Seas Salmon 
Management Area by the applicant with power troll gear during any one 
of the years 1975 to 1977.
    (7) Issuance. (i) Except as provided in subpart D of 15 CFR part 
904, upon

[[Page 19689]]

receipt of a properly completed application, the Regional Administrator 
will determine whether the permit eligibility conditions have been met, 
and if so, will issue a High Seas Salmon Fishery permit.
    (ii) If the permit is denied, the Regional Administrator will 
notify the applicant in accordance with paragraph (h)(16) of this 
section.
    (iii) If an incomplete or improperly completed permit application 
is filed, the Regional Administrator will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days following the date of receipt of notification, the application 
shall be considered abandoned.
    (8) Amended application. Any person who applies for and receives a 
High Seas Salmon Fishery permit issued under paragraph (h)(7) of this 
section must notify the Regional Administrator within 30 days of a 
change in any of the information submitted under paragraph (h)(6) of 
this section.
    (9) Replacement. Replacement permits may be issued for lost or 
unintentionally mutilated permits. An application for a replacement 
permit shall not be considered a new application.
    (10) Display. Any permit or license described in paragraph (h)(1) 
or (h)(3) of this section must be on board the vessel at all times 
while the vessel is in the High Seas Salmon Management Area.
    (11) Inspection. Any permit or license described in paragraph 
(h)(1) or (h)(3) of this section must be presented for inspection upon 
request by an authorized officer.
    (12) Sanctions. Procedures governing permit sanctions and denials 
are found at subpart D of 15 CFR part 904.
    (13) Transfer of authority to fish in the High Seas Salmon 
Management Area--(i) State of Alaska power troll permanent entry 
permits. The authority of any person to engage in commercial fishing 
for salmon using power troll gear in the High Seas Salmon Management 
Area shall expire upon the transfer of that person's State of Alaska 
power troll permanent entry permit to another and shall be transferred 
to the new holder of that permit.
    (ii) Transfer of Authority by the Regional Administrator. (A) Any 
person to whom the proposed transfer of a State of Alaska power troll 
permanent entry permit is denied by the State of Alaska may apply, with 
the consent of the current holder of that permit, to the Regional 
Administrator for transfer to the applicant of the current holder's 
authority to engage in commercial fishing for salmon using power troll 
gear in the High Seas Salmon Management Area.
    (B) The application for transfer shall be filed with the Regional 
Administrator within 30 days of the denial by the State of Alaska of 
the proposed transfer of the permit.
    (C) The application for transfer shall include all documents and 
other evidence submitted to the State of Alaska in support of the 
proposed transfer of the permit and a copy of the State of Alaska's 
decision denying the transfer of the permit. The Regional Administrator 
may request additional information from the applicant or from the State 
of Alaska to assist in the consideration of the application.
    (D) The Regional Administrator shall approve the transfer if it is 
determined that:
    (1) The applicant had the ability to participate actively in the 
fishery at the time the application for transfer of the permit was 
filed with the State of Alaska.
    (2) The applicant has access to power troll gear necessary for 
participation in the fishery.
    (3) The State of Alaska has not instituted proceedings to revoke 
the permit on the ground that it was fraudulently obtained.
    (4) The proposed transfer of the permit is not a lease.
    (E) Upon approval of the transfer application by the Regional 
Administrator, the authority of the permit holder to engage in 
commercial fishing for salmon in the High Seas Salmon Management Area 
using power troll gear shall expire, and that authority shall be 
transferred to the applicant.
    (14) Other Permits. (i) Except for emergency transfers under 
paragraph (h)(15) of this section, the authority of any person 
described in paragraph (h)(1)(ii), (h)(1)(iii), or (h)(3) of this 
section to fish for salmon in the High Seas Salmon Management Area, may 
not be transferred to any other person.
    (ii) Except for emergency transfers under paragraph (h)(15) of this 
section, the authority to engage in commercial fishing for salmon which 
was transferred under paragraph (h)(13)(ii) of this section may not be 
transferred to any other person except the current holder of the State 
of Alaska power troll permanent entry permit from which that authority 
was originally derived.
    (iii) The authority described in paragraph (h)(14)(ii) of this 
section may be transferred to the current holder of that permit upon 
receipt of written notification of the transfer by the Regional 
Administrator.
    (15) Emergency transfers--authority to use power troll gear. (i) 
The authority of any person to engage in commercial fishing for salmon 
using power troll gear in the High Seas Salmon Management Area may be 
transferred to another person for a period not lasting beyond the end 
of the calendar year of the transfer when sickness, injury, or other 
unavoidable hardship prevents the holder of that authority from 
engaging in such fishing.
    (ii) Such a transfer shall take effect automatically upon approval 
by the State of Alaska of an emergency transfer of a State of Alaska 
power troll entry permit, in accordance with the terms of the permit 
transfer.
    (iii) Any person may apply to the Regional Administrator for 
emergency transfer of the current holder's authority to engage in 
commercial fishing for salmon using power troll gear in the High Seas 
Salmon Management Area for a period not lasting beyond the calendar 
year of the proposed transfer, if a person:
    (A) Is denied emergency transfer of a State of Alaska power troll 
entry permit by the State of Alaska; or
    (B) Requests emergency transfer of a Federal commercial power troll 
permit previously issued by the Regional Administrator, with the 
consent of the current holder of that permit.
    (iv) The Regional Administrator shall approve the transfer if he 
determines that:
    (A) Sickness, injury, or other unavoidable hardship prevents the 
current permit holder from engaging in such fishing.
    (B) The applicant had the ability to participate actively in the 
fishery at the time the application for emergency transfer of the 
permit was filed with the State of Alaska or, in the case of a Federal 
permit, with the Regional Administrator.
    (C) The applicant has access to power troll gear necessary for 
participation in the fishery.
    (D) The State of Alaska has not instituted proceedings to revoke 
the permit on the grounds that it was fraudulently obtained.
    (v) The application in the case of a State of Alaska permit shall 
be filed with the Regional Administrator within 30 days of the denial 
by the State of Alaska of emergency transfer of the permit.
    (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

[[Page 19690]]

applicant or from the State of Alaska to assist in the consideration of 
the application.
    (vii) Upon approval of the application by the Regional 
Administrator, the authority of the permit holder to engage in 
commercial fishing for salmon using power troll gear in the High Seas 
Salmon Management Area shall expire for the period of the emergency 
transfer, and that authority shall be transferred to the applicant for 
that period.
    (16) Appeals and hearings. (i) A decision by the Regional 
Administrator to deny a permit under paragraph (h)(7) of this section 
or to deny transfer of authority to engage in commercial fishing for 
salmon in the High Seas Salmon Management Area under paragraphs (h)(13) 
and (h)(14) of this section will:
    (A) Be in writing.
    (B) State the facts and reasons therefor.
    (C) Advise the applicant of the rights provided in this paragraph 
(h)(16).
    (ii) Any such decision of the Regional Administrator shall be final 
30 days after receipt by the applicant, unless an appeal is filed with 
the NOAA/NMFS Assistant Administrator within that time.
    (iii) Failure to file a timely appeal shall constitute waiver of 
the appeal.
    (iv) Appeals under this paragraph (h)(16) must:
    (A) Be in writing.
    (B) Set forth the reasons why the appellant believes the Regional 
Administrator's decision was in error.
    (C) Include any supporting facts or documentation.
    (v) At the time the appeal is filed with the Assistant 
Administrator, the appellant may request a hearing with respect to any 
disputed issue of material fact. Failure to request a hearing at this 
time will constitute a waiver of the right to request a hearing.
    (vi) If a hearing is requested, the Assistant Administrator may 
order an informal fact-finding hearing if it is determined that a 
hearing is necessary to resolve material issues of fact and shall so 
notify the appellant.
    (vii) If the Assistant Administrator orders a hearing, the order 
will appoint a hearing examiner to conduct the hearing.
    (viii) Following the hearing, the hearing examiner shall promptly 
furnish the Assistant Administrator with a report and appropriate 
recommendations.
    (ix) As soon as practicable after considering the matters raised in 
the appeal, and any report or recommendation of the hearing examiner in 
the event a hearing is held under this paragraph (h)(16), the Assistant 
Administrator shall decide the appeal.
    (x) The Assistant Administrator shall promptly notify the appellant 
of the final decision. Such notice shall set forth the findings of the 
Assistant Administrator and set forth the basis of the decision. The 
decision of the Assistant Administrator shall be the final 
administrative action of the Department of Commerce.
    7. In Sec. 679.5, paragraph (a)(1) introductory text is revised to 
read as follows:


Sec. 679.5  Recordkeeping and reporting.

    (a) * * *
    (1) * * *. Except as provided in paragraph (a)(1)(iii) of this 
section, the following must comply with the recordkeeping and reporting 
requirements of this section:
* * * * *
    8. In Sec. 679.7, paragraph (b) is removed and reserved, paragraph 
(c)(3) is removed, and paragraphs (a)(14) and (i) are added to read as 
follows:


Sec. 679.7  Prohibitions.

* * * * *
    (a) * * *
    (14) Trawl performance standard. Use a vessel to participate in a 
directed fishery for pollock with trawl gear and have on board the 
vessel, at any particular time, 20 or more crab of any species that 
have a width of more than 1.5 inches (38 mm) at the widest dimension 
when directed fishing for pollock with nonpelagic trawl gear is closed.
    (b) [Reserved]
* * * * *
    (i) High Seas Salmon Fisheries. (1) Fish for, take, or retain any 
salmon in violation of the North Pacific Fisheries Act of 1954, 16 
U.S.C. 1021-1035 or this part.
    (2) Engage in fishing for salmon in the High Seas Salmon Management 
Area except to the extent authorized by Sec. 679.4(h).
    9. In Sec. 679.42, paragraph (j) introductory text, the last 
sentence is revised to read as follows:


Sec. 679.42  Limitations on use of QS and IFQ.

* * * * *
    (j) * * * Such transfers of additional QS within these areas must 
be to an individual pursuant to Sec. 679.41(c) of this part and be used 
pursuant to paragraphs (c) and (i) of this section.
* * * * *
[FR Doc. 97-10462 Filed 4-22-97; 8:45 am]
BILLING CODE 3510-22-F