[Federal Register Volume 62, Number 158 (Friday, August 15, 1997)]
[Proposed Rules]
[Pages 43866-43898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21169]
[[Page 43865]]
_______________________________________________________________________
Part IV
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
50 CFR Part 679
Fisheries of the Exclusive Economic Zone Off Alaska; License Limitation
Program; Community Development Quota Program; Proposed Rule
Federal Register / Vol. 62, No. 158 / Friday, August 15, 1997 /
Proposed Rules
[[Page 43866]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 970703166-7166-01; I.D. 060997A]
RIN 0648-AH65
Fisheries of the Exclusive Economic Zone Off Alaska; License
Limitation Program; Community Development Quota 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 that would implement Amendment 39
to the Fishery Management Plan for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area (BSAI), Amendment 41 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska (GOA), and
Amendment 5 to the Fishery Management Plan for the Commercial King and
Tanner Crab Fisheries in the Bering Sea/Aleutian Islands (BS/AI). These
amendments submitted by the North Pacific Fishery Management Council
(Council) would establish a License Limitation Program (LLP) and expand
the Community Development Quota (CDQ) Program. The LLP would limit the
number, size, and specific operation of vessels that may be used in
fisheries for groundfish, other than demersal shelf rockfish east of
140 deg. W. long. and sablefish managed under the Individual Fishing
Quota (IFQ) program for Pacific halibut and sablefish, in the exclusive
economic zone (EEZ) off Alaska. The LLP also would limit the number,
size, and specific operation of vessels that may be used in fisheries
for crab species managed pursuant to the Fishery Management Plan (FMP)
for Commercial King and Tanner Crab Fisheries of BS/AI. The CDQ program
would be expanded by including in CDQ allocations a percentage of the
total allowable catch (TAC) of groundfish in the BSAI and crab species
in the BS/AI that is not currently included in the existing CDQ
programs for pollock, halibut, and sablefish.
DATES: Comments must be received by September 29, 1997.
ADDRESSES: Comments must be sent to Chief, Fisheries Management
Division, Alaska Region, NMFS, 709 West 9th Street, Room 453, Juneau,
AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori J.
Gravel. Copies of the Environmental Assessment/Regulatory Impact Review
(EA/RIR) for this action may be obtained from the above address.
FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.
SUPPLEMENTARY INFORMATION: The U.S. groundfish fisheries of the GOA and
the BSAI in the EEZ are managed by NMFS pursuant to the FMPs for
groundfish in the respective management areas. The commercial king crab
and Tanner crab fisheries in the BS/AI are managed by the State of
Alaska with Federal oversight, pursuant to the FMP for those fisheries.
The FMPs were prepared by the Council, pursuant to the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), 16
U.S.C. 1801, et seq., and are implemented by regulations for U.S.
fisheries at 50 CFR part 679. General regulations at 50 CFR part 600
also apply.
License Limitation Program--Background Information
The LLP is the first stage in fulfilling the Council's commitment
to develop a comprehensive and rational management program for the
fisheries in and off Alaska. The Council first considered the
comprehensive rationalization plan (CRP) at its meeting in November
1992. Experts on limited-entry programs were invited to testify at that
meeting, and the Council reviewed initial CRP proposals from the
fishing industry. In December 1992, the Council approved a problem
statement describing the need for and purpose of the CRP.
The problem statement articulated the Council's concern that the
domestic harvesting fleet had expanded beyond the size necessary to
harvest efficiently the optimum yield (OY) of the fisheries within the
EEZ off Alaska. Further, it confirmed the Council's commitment to the
long-term health and productivity of the fisheries and other living
marine resources in the North Pacific and Bering Sea ecosystem. To
fulfill that commitment, the Council intended to design a program that
would efficiently manage the resources under its authority, reduce
bycatch, minimize waste, and improve utilization so that the maximum
benefit of these resources would be provided to present and future
generations of fishermen, associated fishing industry sectors, fishing
communities, consumers, and the Nation as a whole. The Council also
committed itself to support the stability, economic well-being, and
diversity of the seafood industry and provide for the economic and
social needs of communities dependent on that industry.
The problem statement also contained the following 14 issues
identified by the Council as areas to be addressed by the CRP:
(1) Harvesting capacity in excess of that required to harvest the
resource.
(2) Allocation and preemption conflicts between and within industry
sectors, such as with inshore and offshore components.
(3) Preemption conflicts between gear types.
(4) Gear conflicts within fisheries where overcrowding of fishing
gear exists due to excessive participation and surplus fishing effort
on limited grounds.
(5) Dead-loss such as ``ghost fishing'' by lost or discarded gear.
(6) Bycatch loss of groundfish, crab, herring, salmon, and other
non-target species, including bycatch that is not landed for regulatory
reasons.
(7) Economic loss and waste associated with discard mortality of
target species harvested but not retained for economic reasons.
(8) Concerns regarding vessel and crew safety that are often
compromised in the race for fish.
(9) Economic instability within various sectors of the fishing
industry, and in fishing communities caused by short and unpredictable
fishing seasons, or preemption that denies access to fisheries
resources.
(10) Inability to provide for a long-term stable fisheries-based
economy in small economically disadvantaged adjacent coastal
communities.
(11) Reduction in ability to provide a quality product to consumers
at a competitive price, and thus maintain the competitiveness of
seafood products from the EEZ off Alaska on the world market.
(12) Possible impacts on marine mammals and seabirds, and marine
habitat.
(13) Inability to achieve long-term sustainable economic benefits
to the Nation.
(14) A complex enforcement regimen for fishermen and management
alike that inhibits the achievement of the Council's comprehensive
goal.
At its meeting in January 1993, the Council began evaluating the
effectiveness of different alternatives to determine which ones would
best meet the objectives of the CRP. These alternatives included: (1)
Exclusive area registration; (2) seasonal allocations; (3) license
limitation; (4) gear allocations; (5) inshore/offshore allocations; (6)
CDQ
[[Page 43867]]
allocations; (7) trip limits; (8) IFQ for prohibited species catch; (9)
non-transferable IFQ; (10) transferable IFQ; and (11) harvest privilege
auctions. All the alternatives had qualities that would have helped
achieve some of the objectives of the CRP; however, after comparing the
strengths and weaknesses of the alternatives, the Council identified
license limitation and transferable IFQ as the most viable
alternatives.
Although transferable IFQ was identified as the alternative with
the greatest potential for solving the most issues in the problem
statement for the CRP, several problems prevented the Council from
choosing this alternative as the first step in the CRP process. For
example, determinations about who should be found eligible to receive
an initial allocation of quota or how much initial quota should be
issued to each eligible applicant would have been exceedingly
difficult. Also, the IFQ program for halibut and sablefish had not yet
been implemented; therefore, any information or experience that would
have been gained from the operation of that program was not then
available. For these reasons, the Council, at its meeting in September
1993, raised LLP to equal consideration with transferable IFQ as a
management regime designed to meet the objectives of the CRP.
In January 1994, the Council adopted its Advisory Panel's
recommendations to expedite the LLP alternative. This decision was made
because the industry lacked a consensus on the specific form of a
transferable IFQ alternative and a concern about the amount of time
that would be necessary to produce an analysis and implement a
transferable IFQ program. The transferable IFQ alternative was not
dropped completely; rather, it was considered by the Council as a
potential second step in the overall CRP process. Advocates for the LLP
argued that it was a necessary first step in the CRP process, because
it could be implemented more expeditiously and it would provide
stability in the fishing industry while a transferable IFQ system was
analyzed and implemented.
At its meeting in April 1994, the Council received an LLP/IFQ
proposal from its State of Alaska representative. This proposal
contained an integrated, step-wise approach consisting of an LLP
followed by an IFQ program. This proposal became the basis for
subsequent Council actions that culminated in June 1995 with the
Council's adoption of the LLP which, if approved by NMFS, would be
implemented by this proposed rule.
By providing stability in the fishing industry and by identifying
the field of participants in the groundfish and crab fisheries, the
Council recommended the LLP as an interim step toward a more
comprehensive solution to the conservation and management problems of
an open access fishery. Although the LLP is an interim step, it
addresses some of the important issues in the problem statement
developed for the CRP. The LLP, through the limits it places on the
number of vessels that could be deployed in the affected fisheries,
would place an upper limit on the amount of capitalization that could
occur in those fisheries. This upper limit would prevent
overcapitalization in those fisheries at levels that could occur in the
future if such a constraint were not present.
License Limitation Program--Operational Aspects
1. General
The LLP would limit access to the commercial groundfish fisheries
in the EEZ off Alaska, except for demersal shelf rockfish east of
140 deg. W. long. and sablefish managed under the IFQ program (license
limitation groundfish). Demersal shelf rockfish east of 140 deg. W.
long. would be excluded from the LLP because an alternative management
program for that species currently is under consideration. Sablefish
would be excluded because that species is managed under the IFQ
program. The LLP also would limit access to the commercial crab
fisheries in the BS/AI, managed pursuant to the FMP for the Commercial
King and Tanner Crab Fisheries in the BS/AI.
2. Nature of Licenses and Qualification Periods
Licenses for license limitation groundfish would be issued to
eligible applicants based on fishing that occurred from an eligible
applicant's qualifying vessel in management areas (i.e., BSAI, GOA, or
BSAI/GOA, or state waters shoreward of those management areas) during
the general qualification period (GQP), and in endorsement areas
defined by these regulations (i.e., Aleutian Islands, Bering Sea,
Central Gulf, Southeast Outside, and Western Gulf, or state waters
shoreward of those endorsement areas) during the endorsement
qualification period (EQP). These licenses would authorize holders to
conduct directed fishing for license limitation groundfish species in
the endorsement areas designated on each license and would be
transferrable. The GQP for license limitation groundfish would be
January 1, 1988, through June 27, 1992, except for vessels under 60 ft
(18.3 m) which made a legal landing of license limitation groundfish
with pot or jig gear prior to January 1, 1995. For those vessels, the
GQP would be extended through December 31, 1994. The Council
recommended this extension so that vessels that entered the fishery
after June 27, 1992, but that used gear that minimized bycatch loss and
waste due to discard mortality, could be used for qualification.
Qualification under this extension would be limited to one endorsement
area to ensure that capacity would not be unduly increased. Minimizing
bycatch loss and waste due to discard mortality are important
objectives of the CRP (see issues (6) and (7) of the problem statement
above). Additionally, an eligible applicant whose qualifying vessel
``crossed-over'' to groundfish from crab under the provisions of the
moratorium on entry by June 17, 1995, also would qualify under the GQP
for license limitation groundfish.
The EQP for license limitation groundfish would be January 1, 1992,
through June 17, 1995. The area endorsement(s) designated on a
groundfish license would authorize the holder to conduct directed
fishing in the following areas: (1) Bering Sea Subarea; (2) Aleutian
Islands Subarea; (3) Western Area of the Gulf of Alaska; (4) Central
Area of the Gulf of Alaska and the West Yakutat District; and (5)
Southeast Outside District.
The Council designed the dual qualification periods (i.e., the GQP
and the EQP) to account for past and recent participation in the
affected fisheries. The GQP, which includes the qualification period
for the moratorium on entry, would account for past fishing
participation, and the EQP would account for the recent fishing
participation that occurred up to the Council's final action on the LLP
(June 17, 1995). The Council felt that it was critical that a
qualifying vessel have fishing history in both periods, thereby showing
past dependence and recent participation, to qualify its owner on June
17, 1995, for a license. The Council recommended dual qualification
periods for crab species licenses for the same reason.
Licenses for crab species would be issued to eligible applicants
based on fishing that occurred from the qualifying vessel in the BS/AI
during the GQP, and for a specific species in an endorsement area
(i.e., Adak brown king, Adak red king, Bristol Bay red king, C. opilio
and C. bairdi, Dutch Harbor brown king, Norton Sound red king and
Norton Sound blue king, Pribilof red king and Pribilof blue king, and
St. Matthew blue
[[Page 43868]]
king) during the EQP. These licenses would authorize holders to conduct
directed fishing for specific crab species in Federal waters of the
specific areas designated on each license and would be transferrable.
The GQP for crab species would be January 1, 1988, through June 27,
1992. Vessels that participated in the Norton Sound king crab fisheries
and the Pribilof king crab fisheries would be exempt from the landing
requirements of the GQP because: (1) The Norton Sound king crab
fisheries began to be managed by the State of Alaska under a system of
super-exclusive registration in 1993, and (2) the Pribilof king crab
fisheries were closed from 1988 through 1992. Eligibility for those
fisheries would be based exclusively on participation during a separate
EQP. Additionally, an eligible applicant whose qualifying vessel
``crossed-over'' to crab from groundfish under the provisions of the
moratorium on entry by December 31, 1994, also would qualify under the
GQP for crab species.
The EQP for crab species would vary among eight area/species
endorsements. The EQP for (1) Pribilof red and Pribilof blue king and
(2) Norton Sound red and Norton Sound blue king would be January 1,
1993, through December 31, 1994. The EQP for (3) C. opilio and C.
bairdi (Tanner crab), (4) St. Matthew blue king, (5) Adak brown king,
(6) Adak red king, and (7) Dutch Harbor brown king would be January 1,
1992, through December 31, 1994. The EQP for (8) Bristol Bay red king
would be January 1, 1991, through December 31, 1994. These endorsement
periods were designed to accommodate the different patterns of season
openings and closures for specific crab species. For example, the
Bristol Bay red king crab fishery was not open in 1994; therefore, a 3-
year participation window is provided by using a January 1, 1991, start
date. The variations in the EQP for the Norton Sound king crab
fisheries and the Pribilof king crab fisheries are explained in the GQP
discussion above.
3. License Designations and Vessel Length Categories
All licenses for license limitation groundfish and crab species
would be designated for use by either catcher vessels or catcher/
processor vessels. This designation would prescribe the authorized
behavior of the license holder on the vessel on which the license would
be used. A catcher vessel designation on a groundfish license would
authorize a license holder to conduct directed fishing for license
limitation groundfish species and a catcher designation on a crab
species license would authorize a license holder to conduct directed
fishing for crab species. A license with a catcher vessel designation
would not authorize a license holder to process license limitation
groundfish or crab species. A catcher/processor vessel designation on a
groundfish license would authorize a license holder to conduct directed
fishing for, and process, license limitation groundfish. Similarly, a
catcher/processor designation on a crab species license would authorize
a license holder to conduct directed fishing for, and process, crab
species. A license with a catcher/processor designation also would
authorize a license holder to conduct directed fishing for but not
process license limitation groundfish or crab species (i.e., the
license holder is not required to process his or her catch).
The Council also provided that persons could change the vessel
designation on their licenses from a catcher/processor to a catcher
vessel. This change in designation would be permanent; that is, once a
vessel designation was changed from a catcher/processor vessel to a
catcher vessel, the license holder would no longer be able to process
license limitation groundfish or crab species using that license.
The length overall (LOA) of a vessel is defined at Sec. 679.2 as
the horizontal distance 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, measured in linear
feet and rounded to the nearest foot. The size categories were selected
in order to be consistent with size categories in other programs; in
addition, some observer requirements vary with vessel size, and these
categories are consistent with those observer requirements. The
following convention would be used when rounding the LOA to the nearest
foot.
(1) When the amount exceeding a whole foot measurement is less than
6 inches (15.2 cm), the LOA would be equal to that whole foot
measurement. For example, if the horizontal distance of a vessel is 124
ft, 5\3/4\ inches (37.9 m), the LOA of the vessel would be 124 ft (37.8
m).
(2) When the amount exceeding a whole foot measurement is greater
than 6 inches (15.2 cm), the LOA would be equal to the next whole foot
measurement. For example, if the horizontal distance of a vessel is 124
ft, 6\1/8\ inches (38.0 m), the LOA of the vessel would be 125 ft (38.1
m).
(3) When the amount exceeding a whole foot measurement is exactly 6
inches (15.2 cm), the LOA would be equal to that whole foot measurement
if the number is even; however, if the number is odd, the LOA would be
equal to the next whole foot measurement. For example, if the
horizontal distance of a vessel is 124 ft, 6 inches (37.9 m), the LOA
of the vessel would be 124 ft (37.8 m), but, if the horizontal distance
of the vessel is 59 ft, 6 inches (18.1 m), the LOA of the vessel would
be 60 ft (18.3 m).
All licenses for license limitation groundfish and crab species
would be issued with a specific vessel length category designated on
the license. These categories are: (1) Category ``A'', which is
comprised of vessels with an LOA of 125 ft (37.8 m) or greater; (2)
category ``B'', which is comprised of vessels with an LOA from 60 ft
(18.3 m) to 124 ft (37.5 m); and (3) category ``C'', which are vessels
with an LOA of 59 ft (18 m) or less. A license would be issued with the
appropriate specific vessel length category, based on the qualifying
vessel's LOA on June 17, 1995.
Vessels participating under the moratorium on entry may be
lengthened to their maximum length overall (MLOA). A vessel's MLOA
would be 1.2 times its LOA on June 24, 1992, except: (1) For a vessel
that was under reconstruction on June 24, 1992, its MLOA would be 1.2
times its LOA on the date reconstruction was completed; or (2) for a
vessel that was 125 ft (37.8 m) or greater and that was under
reconstruction on June 24, 1992, its MLOA would be its LOA on June 24,
1992, or its LOA on the date reconstruction was completed.
The vessel lengthening provisions of the moratorium on entry
explained above provide some permissible flexibility to lengthen a
vessel under the LLP. Specifically, a vessel may be lengthened to its
MLOA under the moratorium on entry provided it was lengthened before
June 17, 1995, or, if not, provided the lengthening does not cause the
vessel to exceed the vessel's length category under the LLP. For
example, a vessel that was 58 ft (17.7 m) on June 24, 1992, could be
lengthened to 70 ft (21.4 m) under the provisions of the moratorium on
entry. If the vessel had been lengthened before June 17, 1995, then the
license issued would have a category ``B'' vessel length designation,
which could be used on a vessel with an LOA from 60 ft (18.3 m) to 124
ft (37.5 m). However, if the vessel had been lengthened after June 17,
1995, then the license issued would have a category ``C'' vessel length
designation (based on its LOA on June 17, 1995), which could be used on
a vessel with
[[Page 43869]]
an LOA of 59 ft (18 m) or less. Therefore, although vessels may be
lengthened under the provisions of the moratorium on entry, vessels may
not be lengthened after June 17, 1995, beyond their length categories
and still be eligible for LLP fishing with the license issued based on
that vessel's LOA on June 17, 1995. For vessels that were lengthened
under the provisions in the moratorium on entry, NMFS will require
evidence of the date the vessel was lengthened, and the LOA of the
vessel before and after that date. In addition, NMFS will require
evidence of the vessel's LOA on June 17, 1995. In such circumstances,
evidence bearing upon the vessel's LOA on the relevant dates could
consist of a past marine survey, an original builder's certificate and
any admeasurement documents submitted to the U.S. Coast Guard National
Vessel Documentation Center, a certificate of registration that states
the vessel's length, or other credible evidence. For the convenience of
initial issuees and future transferees, LLP licenses issued for a
vessel will state its MLOA.
Difficulties have been reported with at-sea monitoring for
compliance with vessel length categories based on the current
definition of LOA at Sec. 679.2. In order to obtain an accurate
measurement of LOA, a vessel must be moored to a wharf or dock upon
which the distance between the foremost part of the stem and the
aftermost part of the stern can be carefully marked and measured. Such
careful marking and measurement is not possible while the vessel is at
sea. Consequently, at-sea enforcement of fishery regulations
incorporating the LOA definition is impaired. Moreover, vessel owners
and operators could be inconvenienced in some situations while
enforcement officers arrange to have a vessel's LOA measured in port.
For these reasons, NMFS specifically requests public comments on
alternative methods of determining or verifying LOA while a vessel is
at sea. In particular, NMFS requests comments on the efficacy of
redefining LOA as follows: for a vessel documented by the U.S. Coast
Guard, the Coast Guard documented length; for an undocumented vessel
that has been issued a certificate of registration, the length that
appears on the vessel's certificate of registration; and for a vessel
that is neither documented nor registered, the length as determined by
the current definition of LOA at Sec. 679.2. If the LLP portions of the
amendments are approved, the final rule may make these or other changes
to the definition of LOA depending in large part upon the comments
received during the public comment period.
4. Landing Requirements
The landings that owners of vessels would need to qualify for a
particular area endorsement for a groundfish license would vary
according to vessel length category, the area, and vessel designation.
These differing requirements are intended by the Council to account for
differences in the operational characteristics of the fisheries,
differences in the geographical areas in which the fisheries are
prosecuted, and differences in the social and economic conditions that
affect participants in the fisheries from various coastal areas. For
instance, the dependence of fishing communities around the Gulf of
Alaska on small vessel fleets would be accounted for by requiring only
a single landing during the appropriate time periods for vessels less
than 60 ft (18.3 m) LOA to qualify for an endorsement. The single
landing requirement would be extended to catcher vessels less than 125
ft (37.8 m) LOA in the Western Gulf because public testimony during
Council consideration of the LLP indicated that local fleets did not
participate in that area during the earlier portion of the EQP.
Consequently, the Council concluded that excluding those fleets from
adjacent fishing grounds through more stringent landing requirements
would significantly harm local communities dependent on those
fisheries. Catcher/processor vessels in the Western Gulf area that were
60 ft (18.3 m) to less than 125 ft (37.8 m) LOA, would have the same
landing requirements as all vessels of similar length in the Central
Gulf area and Southeast Outside district because of their fishing
capacity. Also, based on information in the LLP analysis that multiple
landing requirements in the Bering Sea subarea and Aleutian Islands
subarea would unduly burden small vessels, but would not affect larger
vessels, which contributed to the largest portion of capacity in the
fleet in those areas, the Council determined that a single landing
requirement would best reflect the operational characteristics of the
fisheries in those areas. Finally, the Council received public
testimony during consideration of the LLP that some vessels that
qualified under the moratorium on entry entered into the fishery during
the latter portion of the EQP. The Council recommended that a four-
landing provision be added to the EQP landing requirements in certain
areas to account for participation of these vessels. The Council felt
that four landings would be sufficient to show that a person intended
to remain in the fishery and that his or her participation was not
merely speculative and opportunistic. Based on these considerations,
the Council recommended the following landing requirements:
For vessels in all three length categories (``A,'' ``B,'' and
``C''), one landing of a license limitation groundfish species
harvested in the appropriate area during the EQP to qualify their
owner(s) for an Aleutian Islands area endorsement or a Bering Sea area
endorsement; for vessels in length category C, one landing of license
limitation groundfish species harvested in the appropriate area during
the EQP to qualify their owner(s) for a Western Gulf area endorsement,
a Central Gulf area endorsement, and a Southeast Outside area
endorsement; for vessels in length category B designated as catcher
vessels, one landing of license limitation groundfish species harvested
in the appropriate area during the EQP to qualify their owner(s) for a
Western Gulf area endorsement. Vessel length category ``B'' vessels
would require one landing of license limitation groundfish species
harvested in the appropriate area in each of any 2 calendar years from
January 1, 1992, through June 17, 1995, or four landings of license
limitation groundfish species harvested in the appropriate area between
January 1, 1995, through June 17, 1995, for a Central Gulf area
endorsement or a Southeast Outside area endorsement. This landing
requirement also would apply to vessels designated as catcher/processor
vessels and in vessel length category ``B'' for a Western Gulf area
endorsement. Vessel length category ``A'' vessels would require one
landing of license limitation groundfish species harvested in the
appropriate area in each of any 2 calendar years from January 1, 1992,
through June 17, 1995, for a Central Gulf area endorsement, a Southeast
Outside area endorsement, and a Western Gulf area endorsement.
The landings owners of vessels would need to qualify for a
particular area/species endorsement for a crab species license would
vary according to the crab species. The Council recommended differing
requirements to ensure that incidental catches would not qualify a
person for a license (e.g., incidentally caught Tanner crab with red or
blue king) but allow for participation in some fisheries where a single
landing may have indicated that a person intended to remain in a
fishery (e.g., the Pribilof red and blue king crab fishery that was
closed from 1988 through 1992). The following requirements were
recommended by the Council: For a red and blue king crab license, one
landing
[[Page 43870]]
of the appropriate crab species harvested in the appropriate fishery
during the EQP; for a brown king and Tanner crab license, three
landings of the appropriate crab species harvested in the appropriate
fishery during the EQP.
The appropriate fishery is the area, as defined in the proposed
regulations, that corresponds to the area/species endorsement for which
the person is seeking qualification. Only legal landings would qualify.
As defined in the proposed regulations, a legal landing is a landing in
compliance with Federal and state commercial fishing regulations in
effect at the time of landing.
5. License Recipients
Licenses would be issued to eligible applicants. Eligible
applicants must have been eligible, on June 17, 1995 (the date of final
Council action on the LLP), to document a fishing vessel under Chapter
121 of Title 46, U.S.C. An eligible applicant would be the owner, on
June 17, 1995, of a qualified vessel or, if the fishing history of that
qualified vessel has been transferred to another person by the express
terms of a written contract that clearly and unambiguously provides
that the qualification for a license under the LLP has been
transferred, the person to which the qualification was transferred by
the express terms of a written contract. The Council recommended that
NMFS recognize written contracts to the extent practicable; however, in
the event of a dispute concerning the disposition of the license
qualification by written contract, NMFS would not issue a license until
the dispute was resolved by the parties involved. For determining the
qualification for a license in the absence of a written contract the
Council recommended the following: (1) If the vessel were sold on or
before June 17, 1995, the vessel's fishing history and license
qualification transfers with the vessel; (2) if the vessel were sold
after June 17, 1995, the vessel's fishing history and license
qualification remain with the seller; (3) only one license be issued
based on the landings of any qualified vessel. For instance, a vessel's
fishing history could not be divided so that multiple licenses could be
issued based on separate qualifications created by that division. Also,
if there had been multiple owners of a qualified vessel on June 17,
1995, then one license would be issued in the name of the multiple
owners. A qualified vessel is one from which legal landings were made
during the appropriate qualifying periods in Sec. 679.4(i) (4) and (5)
of this proposed rule.
A successor-in-interest would be eligible to apply for a license in
the place of eligible applicant if the eligible applicant, because of
death or dissolution, could not apply for the license.
NMFS will assemble a comprehensive database containing relevant
data on landings, vessels, and ownership. That database will be the
``Official Record'' regarding eligibility for a license. Persons that
appear to be eligible, premised on the information contained in the
Official Record, would be notified of their status and invited to
request an application from NMFS. Other persons, who may not initially
appear eligible to NMFS, could also request an application from NMFS.
On receipt of the request for application, NMFS would prepare an
application premised on information in the Official Record and send it
to the applicant. Applicants would then have an opportunity to review
the information provided, make changes if appropriate, and return the
completed application to NMFS. No license would be issued unless the
application were returned to NMFS, and NMFS determined the applicant to
be eligible for a license.
Applicants who disagreed with the information in the Official
Record (i.e., applicants who contended that the information was
incomplete or incorrect, or both) would have an opportunity to
demonstrate the validity of their contentions. For example, if the
official record did not contain records of landings for a vessel during
the GQP, a person could provide State of Alaska fish tickets to
demonstrate those landings. Similarly, if an application were submitted
based on a claim of unavoidable circumstances, the person submitting
the application would need to provide sufficient evidence to verify the
claim. Further information on the requirements for a claim of
unavoidable circumstances is provided in Section 8, Other Provisions,
below.
Applicants would be notified of the disposition of their
applications (i.e., whether the application was approved, partially
approved, or disapproved). If the application were approved, then a
license would be issued to the applicant. If the application were
partially approved, or disapproved, the applicant would be provided an
opportunity to submit evidence to support any claim that NMFS could not
verify. Evidence submitted in a timely matter would be reviewed and
used as the basis for reconsideration. NMFS' initial determination on
an application would stand if an applicant fails to submit
corroborating evidence within the time period provided.
The disapproval of an application would be an initial
administrative determination that could be appealed under 50 CFR
679.43. For applications for which NMFS considers additional evidence
to support previously unsupported claims, NMFS's determination on the
validity of the claims would be an initial administrative determination
that could be appealed.
If an appeal were filed and accepted, the applicant would receive a
non-transferable license authorizing that person to conduct directed
fishing for license limitation groundfish or crab species based on any
approved portion of the application. Further, the non-transferable
license would [could also] authorize directed fishing for license
limitation groundfish or crab species based upon the denied claims
accepted for appeal, until the appeal was resolved. If an applicant's
appeal were denied, then that applicant would only receive a license to
conduct directed fishing for license limitation groundfish or crab
species based on the approved portion of the application.
6. Transfer and Reissuance of Licenses
A license holder may request NMFS, on a form available from NMFS,
to transfer the license to a recipient designated by the license holder
on the request form. The designated recipient may not conduct directed
fishing for license limitation groundfish or crab species until NMFS
reissues the license in the name of the recipient. NMFS will not
reissue a license unless the license holder submits a completed,
signed, and dated request form to NMFS and NMFS determines that the
designated recipient is a person able to document a fishing vessel
under Chapter 121, Title 46, U.S.C., that no party to the transfer has
any fines, civil penalties, other payments due and outstanding, or
outstanding permit sanctions resulting from Federal fishing violations
involving any party to the transfer, and that the transfer will not
cause the recipient to exceed the license caps in proposed
Sec. 679.7(i).
When reissued, the recipient may use the license for any vessel
designation and vessel length category originally assigned to the
license, or on any vessel equal to, or shorter than, the MLOA set forth
on the license, regardless of vessel length category. For example, a
license with a MLOA of 145 ft (44.2 m) could be used on a vessel 145 ft
(44.2 m) or shorter, regardless of whether the vessel is in category
``A'', ``B'', or ``C'', as long as the vessel conforms with all other
requirements, such as vessel designation and area endorsement. The
Council
[[Page 43871]]
included this provision to allow for increased transfer flexibility.
7. License Severability and Ownership Caps
Area endorsements for groundfish licenses or area/species
endorsements for crab species licenses would not be severable from the
license. For example, a person transferring a groundfish license with a
Southeast Outside area endorsement and a Central Gulf area endorsement
would necessarily transfer both area endorsements with the license and
could not keep one area endorsement while transferring the other.
Similarly, vessel designations and vessel length categories would not
be severable from the license. The non-severability of licenses was
recommended by the Council to prevent increased capacity in the
affected fisheries.
Also, for at least 3 years after implementation, a groundfish
license and crab species license initially issued to a person would not
be severable if those licenses resulted from the landings of the same
qualifying vessel. The Council intends to review the issue of
severability 3 years after implementation of the LLP. After that
review, if the Council decides that the reason for non-severability
(i.e., excess effort in the fisheries) has been ameliorated, then the
Council may remove the prohibition on severing initially issued
groundfish and crab species licenses. Groundfish licenses and crab
species licenses obtained by transfer could not be combined with any
other licenses held by a person and would remain separate licenses.
A person would be limited to a maximum of ten groundfish licenses
and five crab species licenses, unless that person is initially issued
more than those numbers of licenses, in which case the person could
hold more licenses than specified by the license limit. However, a
person above the limit could not receive a new groundfish license or a
crab species license by transfer until the number of licenses held by
that person is below the maximum number for the respective limits.
After obtaining transfer eligibility by dropping below the license
limit, a person could not exceed that limit, notwithstanding the
earlier status of being allowed to exceed that limit on initial
issuance. These limits were recommended by the Council to prevent any
person from obtaining an excessive share of harvest privileges in the
affected fisheries.
8. Other Provisions
The Council included several other provisions in the proposed LLP.
First, the Council recommended that persons targeting species not
included in the groundfish portion of the LLP and who are currently
allowed to land incidentally taken license limitation groundfish
species be authorized under the LLP to continue landing bycatch amounts
of license limitation groundfish species without a groundfish license.
This provision is intended to avoid the waste that occurs when bycatch
is required to be discarded. This is especially true for programs like
the IFQ program for sablefish and halibut, where the targeted species
and license limitation groundfish species may be found in the same
habitat area.
Second, the Council recommended that the owner of a vessel who
qualifies for a license under the LLP but whose vessel was lost or
destroyed be eligible for the license and accompanying endorsements,
designation, and vessel length category. This license could not be used
for harvesting applicable species unless the vessel on which the
license is used conforms with all the requirements of the LLP.
Third, the Council recommended that an ``unavoidable
circumstances'' provision be included in the LLP. This provision would
allow the owner of a vessel on June 17, 1995, to receive a license,
even though the vessel on which the application would be based did not
meet all of the landing requirements necessary to qualify that owner
for a license. That owner, hereafter applicant, would need to provide
evidence during the application process that the vessel made a legal
landing of license limitation groundfish species, or crab species if
applicable, between January 1, 1988, and February 9, 1992. The
applicant would also need to provide evidence that, due to factors
beyond the control of the owner of the vessel at that time, the vessel
was subsequently lost, damaged, or unable to qualify the applicant for
a license under the criteria in Sec. 679.4(i) (4) or (5). Furthermore,
the applicant must demonstrate:
(1) That the owner of the vessel at that time held a specific
intent to conduct directed fishing for license limitation groundfish
(crab species) with that vessel during a specific time period in a
specific area.
(2) That the specific intent to conduct directed fishing for
license limitation groundfish (crab species) with that vessel was
thwarted by a circumstance that was:
(a) Unavoidable.
(b) Unique to the owner of that vessel, or unique to that vessel.
(c) Unforeseen and reasonably unforeseeable to the owner of the
vessel.
(3) That the circumstance that prevented the owner from conducting
directed fishing for license limitation groundfish (crab species)
actually occurred.
(4) That, 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
(crab species).
(5) That license limitation groundfish (appropriate crab species)
were harvested on the vessel in the specific area that corresponds to
the area endorsement (area/species endorsement) for which the claimant
is applying and the harvested license limitation groundfish (crab) was
legally landed after the vessel was prevented from participating by the
unavoidable circumstance but before June 17, 1995.
If all these criteria are met to the satisfaction of NMFS, a
license may be issued for the appropriate fishery and endorsement area.
This provision is not designed to be a ``loop hole'' through which
owners of vessels that have not met the qualification requirements
could be issued licenses. If an applicant failed to demonstrate that an
unavoidable circumstance prevented the vessel from meeting the
qualifications in Sec. 679.4(i) (4) or (5), NMFS would not issue a
license.
Fourth, the Council recommended that licenses be issued to owners
of vessels that made a legal landing of license limitation groundfish
species harvested during the GQP in one management area and a legal
landing of license limitation groundfish species harvested during the
EQP in another management area. For example, suppose a vessel in length
category ``C'' made only two legal landings of license limitation
groundfish species. The first legal landing was of license limitation
groundfish species harvested in the BSAI on December 31, 1991, and the
second legal landing was of license limitation groundfish species
harvested in the Central Gulf endorsement area on June 16, 1995.
Although the owner of the vessel would not qualify for a license under
the standard eligibility criteria (i.e., making a landing during the
GQP and the EQP of license limitation groundfish species harvested in
the same management area), this owner would qualify for a license under
the alternative method of eligibility. Section 679.4(i)(4) (iv) and (v)
provide that if a vessel makes a legal landing during the GQP (and not
the EQP) of
[[Page 43872]]
license limitation groundfish species harvested in one management area
and a legal landing during the EQP (and not the GQP) of license
limitation groundfish species harvested in another management area,
then the owner of the vessel would qualify for a license for the
management area in which the vessel harvested license limitation
groundfish species during the EQP. The owner of the vessel in the
example above would receive a license for the Gulf of Alaska with a
Central Gulf area endorsement.
Fifth, the Council recommended a no-trawl zone east of 140 deg. W.
long. (Southeast Outside District). Owners of vessels that qualify for
a groundfish license for the Gulf of Alaska with a Southeast Outside
area endorsement would not be able to use trawl gear in that area
regardless of whether trawl gear were used to harvest license
limitation groundfish species during the EQP. The proposed no-trawl
zone is designed to prevent preemption conflicts between gear types,
prevent fixed gear loss, and to provide for the socio-economic needs of
communities dependent on the local fisheries in the Southeast Outside
District.
Three types of preemption can occur among competing gear types.
Direct preemption occurs when competing gear types target the same
species. Rockfish species such as rougheye, other slope, and thornyhead
rockfish are examples of species that would be targeted by trawl gear
and fixed gear fisheries in the Southeast Outside District.
Establishing a no-trawl zone would eliminate direct preemption by trawl
gear. Indirect preemption occurs when one gear type impacts or
precludes a target fishery by another gear type by incidentally
catching the target species. Incidental catches of species made by
trawl gear could preclude fixed gear target fisheries that are critical
to the socio-economic viability of small communities in Southeast
Alaska. Indirect preemption by trawl gear also would be eliminated by
restricting the Southeast Outside Regulatory District to fixed gear
only. Grounds preemption occurs when the operator of a vessel using one
type of fishing gear chooses not to fish in an area because of the gear
type being used by the operator of another vessel in the same area. For
example, an operator of a vessel using longline gear may be hesitant to
deploy gear in an area in which trawl gear will be used because of the
possibility of the longline gear being lost or damaged by the trawl
gear. This third type of preemption also would be eliminated by the
establishment of a no-trawl zone. Fixed gear loss occurs when trawl
gear is towed over a fixed gear set. This loss can lead to higher
fishing mortality due to ``ghost fishing'' (i.e., fishing that occurs
when fish are caught on unretrieved gear).
Western Alaska Community Development Quota Program
Background Information
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 fishery activities that will result in
ongoing, regionally based, commercial fishery or related businesses.
The CDQ program began in 1992 with the pollock CDQ fishery, which was
developed by the Council as part of Amendment 18 to the BSAI FMP. The
approved portion of Amendment 18 and the final rule implementing
Amendment 18 (57 FR 23321, June 3, 1992) allocated pollock for the CDQ
program only for a temporary period from 1992 through 1995. The
amendment allocated to a pollock CDQ reserve, one-half of the 15
percent of the pollock TAC that is placed in the non-specific reserve
for each subarea or district of the BSAI.
Eligible CDQ communities could apply for a CDQ allocation from the
CDQ reserve by submitting a Community Development Plan (CDP).
Regulations implementing the CDQ program for 1992 and 1993 (57 FR
54936, November 23, 1992) specified the process for applying for the
CDQ program and the required contents of CDPs. A subsequent regulatory
amendment (58 FR 32874, June 14, 1993) implemented the CDQ program for
1994 and 1995.
The Council recommended reauthorizing the pollock CDQ program for
an additional 3 years as part of Amendment 38 to the BSAI FMP, and NMFS
approved this amendment on November 28, 1995. Regulations implementing
the pollock CDQ program for 1996 through 1998 were published on
December 12, 1995 (60 FR 63654, corrected 61 FR 20, January 2, 1996).
The Council recommended adding the halibut and fixed gear sablefish
(H/S) fisheries to the CDQ program beginning in 1995, as part of the
IFQ program. The final rule implementing the IFQ program (58 FR 59375,
November 9, 1993) implemented the H/S CDQ program with no expiration
date. More background and explanation of the pollock and H/S CDQ
programs can be found in the preambles to the above final rules.
Regulations implementing the pollock CDQ program were codified at
50 CFR part 675, and regulations implementing the H/S CDQ program were
codified at 50 CFR part 676. NMFS subsequently consolidated both sets
of CDQ regulations into one set of regulations at 50 CFR part 679,
subpart C (61 FR 31228, June 19, 1996).
At its meeting in June 1995, the Council recommended a further
expansion of the CDQ program. The Council recommended that 7.5 percent
of all BSAI groundfish TACs not already covered by a CDQ program along
with a pro-rata share of the prohibited species catch (PSC) limit, and
7.5 percent of the BS/AI crab be allocated to CDQ communities as
defined in the regulations implementing the current CDQ program. The
Council recommended that the expanded program be designed similarly to
the current pollock CDQ program. Further, the Council did not recommend
a termination date as currently exists for the pollock CDQ program.
Based on the Council's recommendation to expand the CDQ program to
include groundfish in the BSAI and crab in the BS/AI, NMFS prepared a
CDQ Program Design. The CDQ Program Design was an outline for
implementing the groundfish and crab CDQ programs and for combining
them with the existing pollock and H/S CDQ programs. NMFS submitted the
CDQ Program Design to the Council for review at its meeting in April
1996 and requested clarification on several CDQ policy issues. This
proposed rule is based on that CDQ Program Design and the clarification
provided by the Council.
Expectations for Monitoring the CDQ Fisheries
The level of accountability for catch under the multispecies CDQ
program determines the complexity of the monitoring program and the
resulting cost to the CDQ groups, their industry partners, and the
public. This proposed rule is based on NMFS' description and the
Council's approval of a CDQ program design in which individual CDQ
groups would be eligible to receive allocations of all groundfish TAC
species or species groups, and prohibited species to support their
groundfish, halibut, and crab CDQ.
Under the proposed multispecies CDQ program, NMFS would be
responsible for monitoring and enforcing the groundfish and halibut
CDQs. The State of Alaska (State) would be responsible for monitoring
and enforcing the crab CDQs under authority contained in the FMP for
the Commercial King and Tanner Crab Fisheries in the BS/AI.
[[Page 43873]]
In the CDQ fisheries managed by NMFS, all groundfish, prohibited
species, and halibut catch and bycatch in CDQ fisheries, including the
existing pollock, sablefish, and halibut CDQ fisheries, would accrue to
CDQ or prohibited species quotas (PSQ) allocated to the CDQ group.
Catch of groundfish or halibut in excess of a CDQ or PSQ would be
prohibited under Sec. 679.7(d)(6). Catch of the salmon, herring, and
crab PSQ would result in the same time and area closures that exist for
these prohibited species in the open access groundfish fisheries.
Failure to account for all allocated bycatch species in the groundfish
or halibut CDQ fisheries would result in the CDQ program exceeding
groundfish and halibut PSQ allocations recommended by the Council. The
groundfish CDQ program would not have a ``prohibited species status''
that would allow for continued fishing for one groundfish species once
the quota of another groundfish species has been reached. No provision
would be included to allow overages from the CDQ fisheries to accrue to
TACs and PSC limits in the non-CDQ fisheries.
Based on this program design, the multispecies groundfish and
halibut CDQ program would require a higher level of accountability than
any fishery NMFS is currently managing off Alaska. The existing
pollock, sablefish, and halibut CDQ fisheries and the fixed gear
halibut and sablefish IFQ fisheries are target fishery-based quota
programs that do not require accounting for all TAC and PSC species in
the catch.
Combining Existing and Proposed CDQ Programs
NMFS proposes to combine the existing pollock and fixed gear
halibut and sablefish CDQ programs with the proposed groundfish and
crab CDQ programs into a single multispecies CDQ program. A combined
CDQ program would simplify the CDP process, provide for full accounting
of all CDQ and PSQ in the groundfish and halibut CDQ programs, apply
NMFS' monitoring requirements equitably, and decrease the
administrative burden on the CDQ groups, the State, and NMFS.
Under the proposed multispecies CDQ program, each CDQ group would
submit one CDP for all species, and CDQ allocations for all species
would be made every 3 years. Requirements for recordkeeping and
reporting, observer coverage, and equipment for improved catch
estimates would be applied equally to all participants in the
groundfish and halibut CDQ fisheries based on vessel or processor type,
not on target fishery. For example, requirements for a longline vessel
harvesting sablefish CDQ would be the same as the requirements for that
vessel harvesting Pacific cod CDQ.
At its April 1996, meeting, the Council recommended that full
integration of the catch monitoring and equipment requirements for the
groundfish and halibut CDQ fisheries be delayed until 1999. Therefore,
1998 would be a transition year from the existing separate CDQ programs
by target species to an integrated CDQ program in which all
participants in the groundfish and halibut CDQ fisheries would follow
the same catch monitoring and reporting requirements specified by
vessel and processor type rather than by CDQ target fishery. In 1998,
CDQ vessels and processors participating in the pollock and H/S CDQ
programs would be exempt from the groundfish CDQ program catch
monitoring regulations.
The Council's recommendation would result in four categories of CDQ
fisheries in 1998 and two categories in 1999 and future years. The four
categories for 1998 would be: (1) The pollock CDQ fisheries; (2) the
fixed gear halibut and sablefish CDQ fisheries; (3) the groundfish CDQ
fisheries, which would exclude pollock and fixed gear sablefish; and
(4) the crab CDQ fisheries. The multispecies CDQ fisheries would be
divided into two categories for 1999 and future years: (1) The
groundfish and halibut CDQ fisheries managed by NMFS; and (2) the crab
CDQ fisheries managed by the State.
Description of CDQ Species
The multispecies CDQ program would include the existing CDQ species
of pollock, fixed-gear sablefish and halibut; and the proposed CDQ
groundfish, crab, and PSQ species. The proposed CDQ groundfish species
include all other BSAI groundfish species or species groups that have
an annually specified TAC and are not part of the current CDQ program.
The proposed PSQ species are defined at Sec. 679.21(b)(1) and include
any of the species of Pacific salmon (Oncorhynchus spp.), steelhead
trout (Oncorhynchus mykiss), halibut, Pacific herring (Clupea harengus
pallasi), king crab, and Tanner crab. The proposed crab CDQ species
include all king and Tanner crab species in the BS/AI that have a
guideline harvest level (GHL) specified by the State.
CDQ Reserves, Allocations, and Quotas
The multispecies CDQ program would assign a portion of each CDQ
species and PSQ species to a separate CDQ reserve. The following would
be the amount assigned to each CDQ reserve for the exclusive use of the
CDQ program:
(1) Pollock CDQ reserve. One-half of the pollock TAC that is placed
in the non-specific reserve for each subarea or district of the BSAI
would be assigned to the pollock CDQ reserve.
(2) Halibut CDQ reserve. A separate halibut CDQ reserve would be
implemented for the following International Pacific Halibut Commission
(IPHC) management areas:
(A) Area 4B. In IPHC regulatory area 4B, 20 percent of the annual
halibut quota would be made available for the halibut CDQ program 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 would be made available for the halibut CDQ program to eligible
communities physically located in this regulatory area.
(C) Area 4D. In IPHC regulatory area 4D, 30 percent of the halibut
quota would be made available for the halibut CDQ program 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 would be made available for the halibut CDQ program to
communities located in or proximate to this regulatory area.
(3) Sablefish CDQ reserves. Two sablefish CDQ reserves would be
established:
(A) Fixed gear sablefish CDQ reserve. NMFS would assign 20 percent
of the fixed gear allocation of sablefish in each subarea or district
of the BSAI as a fixed-gear sablefish CDQ reserve. Sablefish in this
reserve could be harvested only by vessels using fixed gear as required
by the FMP amendment establishing the H/S CDQ program.
(B) Sablefish CDQ reserve. NMFS would assign 7.5 percent of the
trawl gear allocation of sablefish in each subarea or district of the
BSAI as a sablefish CDQ reserve. Sablefish in this reserve could be
harvested by vessels using any authorized gear because no gear
restrictions were recommended by the Council for the multispecies CDQ
program.
(4) Groundfish CDQ reserves. NMFS would assign one-half of the
amount of each groundfish TAC that is placed in the reserve for each
subarea or district of the BSAI to a separate CDQ reserve for each
subarea or district of the BSAI. The groundfish CDQ reserves do not
include sablefish.
(5) PSQ reserves. NMFS would assign seven and one-half percent of
each of the PSC species defined at Sec. 679.21(b)(1) to a separate PSQ
reserve.
[[Page 43874]]
(6) Crab CDQ reserves. The Council's recommendation on crab CDQs in
June 1995, stated that 7.5 percent of the crab GHLs in the BS/AI would
be made available to the CDQ program at the beginning of the
multispecies CDQ program's implementation. However, the reauthorization
of the Magnuson-Stevens Act, which became effective in October 1996,
requires that the crab CDQ program be phased-in according to the
following percentages: 3.5 percent for 1998, 5.0 percent for 1999, and
7.5 percent for the year 2000 and thereafter. These proposed
regulations reflect the requirements of the Magnuson-Stevens Act.
A CDQ allocation is a percentage of a CDQ reserve that is assigned
to a CDQ group when NMFS approves a proposed CDP. A CDQ means the
annual amount of a particular CDQ species that a CDQ group is permitted
to catch based on a CDQ allocation that has been requested in a
proposed CDP and approved by NMFS. A PSQ allocation means a percentage
of a PSQ reserve that is assigned to a CDQ group. PSQ means the annual
amount of a prohibited species that is allocated to a CDQ group based
on a PSQ allocation.
CDQ Program Responsibilities
The proposed multispecies CDQ program would be a Federal program in
which the fishing privileges for CDQ are temporarily allocated by NMFS
to the CDQ groups. In return, the CDQ groups would be responsible for
managing the CDQ harvesting and the CDQ projects as outlined in the
CDPs on behalf of the member communities. NMFS would have no obligation
to allocate future CDQ or PSQ based on past allocations, and CDQ and
PSQ fishing privileges would expire with the expiration of a CDP. NMFS
would base its awards of CDQ and PSQ allocations to the CDQ groups on
the merits of the proposed CDPs.
The proposed CDPs, developed by the CDQ groups, would be the means
for requesting CDQ and PSQ allocations from NMFS. Although NMFS would
award the CDQ allocations to the CDQ groups, the CDQ groups would make
the allocation requests on behalf of the eligible community(ies) that
is (are) participating in the CDQ group. Therefore, a CDQ group would
have a fiduciary responsibility to manage its CDQ allocations, CDQ
projects, and assets in the best interests of the participating CDQ
community(ies).
A CDQ community would be represented in a CDQ group in two ways.
First, each CDQ group's Board of Directors (Board) would be required to
have one voting member elected by his or her community for each
community in the CDQ group. Second, the managing organization (either
the Board or a managing group contracted by the Board) would have to
have a letter of support from each participating community before NMFS
could award a CDQ allocation to the CDQ group.
To assure that the CDQ group's business decisions represent the
interests of the CDQ community, the community-elected board member
would vote on the Board in a way that reflects the community's wishes.
During the election of a Board member, the CDQ community would have the
opportunity to review the activities of its board member and its CDQ
group, and evaluate the board member's performance. Further, a CDQ
community could refuse to issue a letter of support for the CDQ
managing organization for a proposed CDP and join another CDQ group or
form a new CDQ group.
A CDQ group could manage the day-to-day business affairs of its CDP
itself through its Board or could choose to contract with a managing
organization. If a CDQ group were to contract with a managing
organization, the CDQ group would be responsible for overseeing the
managing organization's activities and would be held accountable by
NMFS for all the managing organization's actions related to CDP
management.
CDQ Application Process
Under the proposed multispecies CDQ program, the State would
announce a CDQ application period, during which the CDQ groups would
submit proposed CDPs to the State. The State would then hold a public
hearing at which the CDQ groups would present their proposed CDPs and
give the affected public an opportunity to comment. After the public
hearing, the State would develop recommendations for the approval of
proposed CDPs, consult with the Council, and submit the State's
recommendations to NMFS for review and approval or disapproval.
The CDP would be submitted to NMFS by October 7 to provide
sufficient time for NMFS to review the CDPs and to approve final CDPs
and their CDQ allocations by December 31 of the application year.
The Community Development Plan
The CDP would provide information to the State and NMFS about the
eligible communities, the managing organization, the CDQ projects, the
requested allocation of CDQ and PSQ species, the harvesting and
processing partners, and how the CDQ group would account for CDQ and
PSQ catches by these partners.
For each allocation request, Sec. 679.30(a)(4) would require that
the CDP identify the primary target fisheries by species and gear type,
percentage of the target species requested, and the percentage of CDQ
and PSQ species needed as bycatch in these fisheries.
The fishing plan (part of the CDP) described at Sec. 679.30(a)(5)
would be used to obtain information about the harvesting and processing
partners in the groundfish and halibut CDQ fisheries. Specifically, the
fishing plan would be required to contain a list of vessels and
processors that the CDQ group proposed to authorize to participate in
its groundfish and halibut CDQ fisheries and information about how the
catch of CDQ and PSQ by these vessels and processors would be
determined. The U.S. Coast Guard and NMFS Enforcement would use the
list of eligible vessels and processors to determine whether vessels or
processors were legally participating in the CDQ fisheries.
A vessel or processor would be required to be listed as an eligible
vessel in an approved CDP in order to harvest or process groundfish or
halibut CDQ for a particular CDQ group. In addition to this
requirement, any vessel or processor with special equipment
requirements such as certified scales to weigh catch or an observer
sampling station also would be required to undergo a vessel or plant
inspection and be permitted by NMFS to participate in the CDQ
fisheries. Vessels or processors with no additional equipment
requirements would not be required to be permitted by NMFS. They would
be eligible to participate in the CDQ fisheries upon approval of a CDP
in which they were listed. More information about vessel and processor
categories, equipment requirements, vessel and plant inspections, and
permitting requirements are contained in a later section.
The fishing plan also would specify how the CDQ group intended to
make the estimates of CDQ and PSQ catch required to be reported to NMFS
on the CDQ Catch Report. NMFS proposes to require each CDQ group to
commit to a specific source of data and method for determining the
weight or numbers of CDQ and PSQ catch by vessels fishing under its
CDP, to identify the method in its CDP, and to amend the CDP before
changing the source of data or method. CDQ groups would be prohibited
from using any source or method other than that specified in the CDP
and approved by NMFS to report CDQ and PSQ catch on the CDQ Catch
Report.
[[Page 43875]]
Section 679.32(e)(3) sets forth NMFS' standard data sources for
verifying catch estimates. If a CDQ group designates in its CDQ
application, in accordance with the requirements of Sec. 679.30(a)(5),
the standard data sources set forth at Sec. 679.32(e)(3) (and, if a
catcher vessel using non-trawl gear, specifies whether it will be
discarding CDQ species at sea), no specific approval by NMFS of the use
of the data sources or method would be necessary. However, if the CDQ
group desires to use an alternative procedure such as sorting and
weighing all catch by species on processor vessels or using larger
sample sizes than would be required under Sec. 679.32(e)(3), it must,
in accordance with the requirements of Sec. 679.30(a)(5), propose the
use of the specific alternatives it wishes to use. The CDQ group would
have to demonstrate that space is available on the processor vessel to
store, sort, and weigh the proposed sample sizes and that additional
observers would be provided to accomplish the increased sampling or
monitoring of sorting and weighing by species. The group would also
have to demonstrate, and NMFS so find, that the alternative will
produce equivalent or better estimates, that each haul, set or pot on
an observed vessel can be sampled by an observer for species
composition, that, if catch is to be sorted before it is weighed, the
sorting and weighing process will be monitored by an observer, the
observer will be required to be on duty no more than 12 hours in each
24-hour period and will be required to sample no more than 9 hours in
each 24-hour period, and if the vessel uses trawl gear, the observer
will be required to sample no more than 3 hauls in each 24-hour period.
NMFS will review any proposed alternative and approve it in writing
upon making the requisite determinations. An alternative can not be
used unless specifically approved by NMFS. Alternatives to the
requirement for a certified scale or for an observer sampling station
will not be approved.
NMFS would require the CDQ groups to commit to the source of
information and the procedures that would be used to estimate CDQ and
PSQ catch for several reasons. First, discussion of the specific catch
accounting requirements and the differences among the various vessel
and processor types would help to identify and resolve conflicts prior
to the start of CDQ fishing. NMFS wants to minimize the conflicts and
decisions that have to be addressed between the harvesting and
processing partners and the CDQ observers after fish have been
harvested. Second, NMFS wants to provide a means for vessels and
processors to suggest alternative catch accounting methods that could
improve catch estimates or work better for a particular vessel or
plant. However, if different methods would be used, NMFS would need
time to examine the proposals and specify conditions necessary to
assure accurate CDQ catch estimates and reasonable working conditions
for the CDQ observers. Finally, determining how catch estimates would
be made in advance of the fishery would improve observer training.
Management of the Groundfish and Halibut CDQ Fisheries
Closures
All closures for the BSAI listed in Sec. 679.22(a) would apply to
the CDQ fisheries. As that section provides, the CDQ fisheries are
specifically exempted from closure of the Catcher Vessel Operational
Area to catcher/processors.
Seasons
The provision for closure of all trawl fisheries in the BSAI
between January 1 and January 20 at Sec. 679.23(c) would remain in
effect for the CDQ fisheries.
Transfers of CDQ Allocations or CDQ
Once a proposed CDP is approved by NMFS and becomes effective, the
proposed multispecies CDQ program would allow CDQ groups to transfer
CDQ allocations, CDQ, PSQ allocations, and/or PSQ, from one to another,
with certain restrictions.
CDQ Allocation. Any amount of a CDQ allocation could be transferred
by both groups filing substantial amendments to their respective CDPs.
The proposed requirements for a substantial amendment to a CDP appear
at Sec. 679.30(g)(4). The transfer would become valid on January 1 of
the calendar year following the approval of the amendments, and the
transfer would be valid for the duration of the CDPs.
CDQ. CDQ could be transferred in two different ways, and the
transfer would be effective only for the calendar year in which the
transfer occurs. First, 10 percent or less of a CDQ could be
transferred in a calendar year by a CDQ group to another by using the
technical amendment process. The proposed requirements for a technical
amendment to a CDP appear at Sec. 679.30(g)(5). Second, more than 10
percent of a CDQ could be transferred through the substantial amendment
process.
PSQ allocations. A PSQ allocation could be transferred by
substantial amendment, but the transfer would have to be accompanied by
a transfer of a CDQ allocation. NMFS would accept substantial
amendments for the transfer of PSQ allocations only during the month of
January. The transfer of a PSQ allocation would be effective for the
duration of the CDPs.
PSQ. A PSQ allocation could be transferred by substantial
amendment, but the transfer would have to be accompanied by a transfer
of a CDQ allocation. NMFS would accept substantial amendments for the
transfer of PSQ allocations only during the month of January. The
transfer of PSQ would be effective only for the remainder of the
calendar year in which the PSQ transfer occurs.
CDQ Non-Specific Reserve
Bycatch of some species is expected to constrain the groundfish CDQ
fisheries and may even result in a CDQ group reaching the CDQ or PSQ
for a bycatch species before it has harvested all of its target species
CDQ. Therefore, NMFS proposes to create a non-specific reserve within
the CDQ program to reduce the potential for the catch of some
groundfish species to limit overall CDQ catch. CDQ species eligible to
be placed in the non-specific reserve are low-valued species for which
no target fishery currently exists but for which there is a sufficient
buffer between the TAC and ABC. A buffer between TAC and ABC is
required because use of the non-specific reserve may result in overall
CDQ catches for a particular species in excess of the 7.5 percent
allocation to the CDQ program. Only squid, arrowtooth flounder, and
``other groundfish'' meet the criteria for the CDQ non-specific
reserve.
Each year, 15 percent of each CDQ group's arrowtooth flounder,
squid, and ``other groundfish'' CDQ would be placed into a non-specific
reserve for each CDQ group. A CDQ group would apply for a release from
its CDQ non-specific reserve to its squid, arrowtooth flounder, or
``other species'' CDQ through the technical amendment process.
Prohibited Species Catch Management
The management of prohibited species catch in the groundfish CDQ
fisheries would be modeled after the requirements of the non-CDQ
groundfish fisheries. One exception would be that halibut PSQ would not
be allocated between trawl and non-trawl gear. This would give CDQ
groups more flexibility in their use of halibut PSQ. Catches of
herring, salmon, or crab PSQ species by vessels fishing with non-trawl
gear and catch of halibut PSQ by vessels using pot gear would not
accrue to the respective PSQs. The only catch
[[Page 43876]]
to accrue against the non-chinook salmon PSQ would be catch of non-
chinook salmon by vessels using trawl gear from August 15 through
October 14 in the Catcher Vessel Operational Area as defined in
existing Sec. 679.2. The only catch to accrue against the chinook
salmon PSQ would be catch of chinook salmon by vessels using trawl gear
from January 1 through April 15.
Attainment of the herring, salmon, and crab PSQs by a CDQ group
would result in the same time and area closures required for the open
access fisheries in Sec. 679.21. Specifically, vessels fishing under a
CDP would be prohibited from:
1. Using trawl gear to harvest groundfish CDQ in Zone 1 once the
PSQ for red king crab or C. bairdi Tanner crab in Zone 1 is reached.
2. Using trawl gear to harvest groundfish CDQ in Zone 2 once the
PSQ for C. bairdi Tanner crab in Zone 2 is reached.
3. Using trawl gear to harvest groundfish CDQ in Herring Savings
Areas (HSA) once the herring PSQ is reached.
4. Using trawl gear to harvest groundfish CDQ in the Chinook Salmon
Savings Area from January 1 through April 15 once the chinook salmon
PSQ is reached.
5. Using trawl gear to harvest groundfish CDQ in the Chum Salmon
Savings Area between September 1 and October 14 once the non-chinook
salmon PSQ is reached.
The CDQ representative would be responsible for monitoring the
catch of prohibited species by vessels fishing under its CDP and for
assuring that vessels using trawl gear stop fishing in the closed areas
once the PSQ has been reached.
Attainment of the halibut PSC limit in the non-CDQ groundfish
fisheries triggers closure of groundfish fishery categories to directed
fishing. However, no fishery categories or gear allocations are
proposed for halibut PSQ. Therefore, the halibut PSQ would be treated
the same as groundfish or halibut CDQ. The CDQ groups would be
prohibited from exceeding their halibut PSQ.
NMFS is proposing that catcher vessels using trawl gear be required
to retain all salmon and herring PSQ and deliver them to a processor
where they would be sorted and weighed on a certified scale. Retention
of salmon and herring PSQ would eliminate the need for the vessel
operator or the CDQ observer to estimate the weight or numbers of at-
sea discards, thereby improving accounting for these PSQ species.
Unlike halibut and crab, salmon and herring are believed to have 100
percent mortality when harvested with trawl gear, so NMFS anticipates
that no additional mortality of these species would result from the
retention requirement.
Section 679.21 would be amended to allow the retention of herring
and salmon PSQ by catcher vessels using trawl gear in the CDQ fisheries
until the PSQ is sorted and weighed on a certified scale by a
processor. The State would have to change its regulations to allow the
retention and delivery of these species to shoreside processing plants.
In order for the multispecies CDQ regulations to reflect the State
of Alaska's administration of the CDQ program, all references to the
Governor of the State have been removed and the ``State of Alaska''
inserted in their places.
In Sec. 679.2, the definition of ``Governor'' is removed and a
definition of ``State'' is added.
Improved Retention/Improved Utilization
Regulations governing the retention or utilization of groundfish
species in the non-CDQ fisheries also would apply to the groundfish CDQ
fisheries.
Vessel Incentive Program
NMFS proposes that catch in the groundfish CDQ program not be
subject to the Vessel Incentive Program (VIP) regulations in
Sec. 679.21(f). CDQ groups would receive individual allocations of
prohibited species catch allowances and would be responsible for
managing their fisheries within these limits.
Recordkeeping and Reporting Requirements for CDQ Groups
Each CDQ group would be responsible for collecting and reporting
catch data for all vessels and processors participating in its CDQ
fisheries. This would enable each group to directly manage its CDQ
fisheries and to be held accountable for staying within CDQ and PSQ
allocations.
All vessels and processors participating in the CDQ fisheries would
be required to continue to comply with all other recordkeeping and
reporting requirements in Sec. 679.5, such as maintaining logbooks and
preparing weekly production reports. Among other requirements, CDQ
catch would have to be reported separately from other catch on these
reports, along with the CDQ group number.
The CDQ Check-In/Check-Out Report
The CDQ representative would be required to submit a CDQ check-in/
check-out report to notify NMFS when vessels participating in the CDQ
fisheries begin and stop CDQ fishing throughout the year. The
notification also would help NMFS track whether the appropriate CDQ
catch reports were being submitted.
A check-in report would be required prior to the first CDQ fishing
of the year and any time during the year CDQ fishing started again
after a CDQ check-out report had been submitted. A CDQ check-out report
would be required when any vessel switched between CDQ and non-CDQ
fishing, stopped CDQ fishing for the remainder of the year, or was
removed as an eligible vessel from a CDQ. The CDQ check-in/check-out
report is described at Sec. 679.5(m).
The CDQ Catch Report
The CDQ group would submit a weekly CDQ catch report for each
vessel fishing CDQ. NMFS would maintain a record of the cumulative CDQ
and PSQ catch based on the information submitted in the CDQ catch
report. The CDQ catch report is described at Sec. 679.5(n). NMFS would
monitor the accuracy and completeness of the CDQ catch reports by using
information from the CDQ check-in/check-out reports, vessel and
processor reports, and observer data. NMFS would make an independent
estimate of CDQ and PSQ catch for each CDQ group using the catch
accounting procedures agreed upon in the CDP.
Attaining or Exceeding a CDQ or PSQ
CDQ and PSQ allocations would be made to CDQ groups, not to
individual vessels or processors. Each CDQ group would be responsible
for preventing the exceeding of CDQs and halibut PSQ and for complying
with time and area closures triggered by attainment of the salmon,
herring, and crab PSQs. Therefore, the CDQ group would be primarily
responsible for monitoring its harvesting and processing partners to
account for all CDQ and PSQ and for taking actions necessary to prevent
exceeding CDQs or halibut PSQs. Although NMFS would monitor CDQ fishing
in season and provide information to the CDQ groups, NMFS would not
prescribe specific actions to avoid exceeding CDQ or PSQ.
Inseason monitoring of CDQ catches would be based on the weekly CDQ
catch report submitted by the CDQ representative. Also, NMFS would
estimate the CDQ and PSQ catches from reports submitted by vessels and
processors, such as the ADF&G fish tickets and processor's weekly
production reports and by observers. The official estimates of CDQ and
PSQ catch would be made once all observer
[[Page 43877]]
data was verified by NMFS and the CDQ catch reports reviewed.
CDQ Catch Accounting Requirements for Vessels and Processors
Proposed catch accounting requirements including equipment,
observer coverage, and procedures for estimating catch are discussed
below by vessel and processor type. Additional information about the
specific requirements for certified scales to weigh catch at sea,
certified bins for volumetric estimates, the observer sampling station,
and certified CDQ observers are discussed in later sections.
Unobserved Catcher Vessels
Catcher vessels in the groundfish and halibut CDQ fisheries that
are less than 60 ft (18.3 m) LOA would not be required to carry a CDQ
observer. The majority of unobserved vessels participating in the
current CDQ fisheries are catcher vessels harvesting halibut CDQ that
are 32 ft (9.8 m) or less LOA. In an analysis prepared for the April,
1996 Council meeting, NMFS estimated that, of the 127 catcher vessels
harvesting halibut CDQ in 1995, 120 were 32 ft (9.8 m) or less LOA, one
was between 33 ft (10.1 m) and 59 ft (18.0 m) LOA, and six were between
60 ft (18.3 m) and 124 ft (37.8 m) LOA. In the 1995 sablefish CDQ
fisheries, one catcher vessel was less than 60 ft (18.3 m) LOA and two
were between 60 ft (18.3 m) and 120 ft (36.6 m) LOA.
The catch accounting expectations of the multispecies CDQ fishery
would require that the catch of all CDQ and PSQ species by unobserved
vessels be counted against a CDQ or PSQ allocation. However, it is
difficult to obtain accurate and reliable estimates of the catch of
species discarded at sea by unobserved vessels.
NMFS proposes to require unobserved vessels to retain all CDQ
species and deliver them to a processor where they would be sorted and
weighed on a certified scale. Catcher vessels using trawl gear would be
required to retain all salmon and herring PSQ and deliver it to the
processor. All catcher vessels would be required to carefully release
halibut PSQ, record the estimated weight of the halibut PSQ, and report
this on the ADF&G fish ticket and to the CDQ representative.
NMFS considered requiring the use of bycatch rate assumptions
developed from observer data on vessels in the same target fishery and
gear type as the unobserved vessels. However, NMFS decided not to
propose this approach because it would require estimation of bycatch
rates with very little observer data, particularly for the halibut CDQ
fisheries, which make up the majority of the unobserved vessels at this
time. NMFS also decided against proposing that the CDQ groups provide
for some level of observer coverage on the unobserved vessels because
of safety and cost concerns about deploying observers on such small
vessels and out of remote communities.
Unobserved catcher vessels would not have additional equipment
requirements that would necessitate a vessel inspection. Therefore,
they would not require a CDQ permit. They would be eligible to
participate in the CDQ fisheries as long as they were listed as
eligible vessels in an approved CDP.
Observed Catcher Vessels
All catcher vessels 60 ft (18.3 m) and greater LOA would be
required to have at least one certified lead CDQ observer (described in
a later section) for all groundfish and halibut CDQ fishing.
Observed Catcher Vessels Using Trawl Gear
Operators of observed catcher vessels using trawl gear would be
required to retain all groundfish CDQ and salmon and herring PSQ and
deliver it to a processor where it would be sorted and weighed on a
certified scale. All halibut and crab PSQ would be required to be
discarded at sea after the observer had counted the halibut and crab
PSQ and taken length measurement of the halibut.
NMFS is proposing that all groundfish CDQ and salmon and herring
PSQ be retained and weighed at a processing plant to eliminate the need
for an observer to estimate the weight or numbers of at-sea discards.
Without a means to weigh a large quantity of catch on the vessel,
observers on board catcher vessels using trawl gear cannot make
accurate estimates of at-sea discards.
NMFS' proposed standard sources for estimating catch are the
observer's estimate of halibut PSQ weight and crab PSQ numbers and on
ADF&G fish tickets for the weight or numbers of CDQ and PSQ species.
Vessel owners would be required to provide space on the deck of the
vessel for the observer to sort and store catch samples and a place
from which to hang the observer sampling scale. Catcher vessels using
trawl gear and retaining all groundfish CDQ and salmon and herring PSQ
would not have additional equipment requirements that would necessitate
a vessel inspection. Therefore, they would not require a CDQ permit.
They would be eligible to participate in the CDQ fisheries as long as
they were listed as eligible vessels in an approved CDP.
Observed Catcher Vessels Using Non-Trawl Gear
Observed catcher vessels using longline, pot, and jig gear (non-
trawl gear) could select one of two options for estimating groundfish
and halibut CDQ. The first option would be to retain all groundfish and
halibut CDQ (as is required for observed catcher vessels using trawl
gear) and deliver it to a processor with a certified scale. Catcher
vessels using this option would not be required to have a CDQ permit.
The second option would allow groundfish CDQ to be discarded at sea
under the same requirements applicable to processor vessels using non-
trawl gear under this option. In this case, the catcher vessel operator
would have to provide sufficient observer coverage to sample all CDQ
sets for species composition and average weight. In addition, the
vessel would be required to have an observer sampling station with a
motion-compensated sampling scale so that observers could obtain
accurate average weight data on each species in the catch (see
discussion below). Under this option, catcher vessels using this option
would be required to have a CDQ permit and a vessel inspection to check
the sampling station and scale.
In both cases, careful release of halibut PSQ would be required and
the observer would estimate the weight of halibut PSQ.
NMFS' proposed standard sources and procedures for verifying the
catch for vessels retaining all groundfish CDQ are or would use the
observer's estimate of halibut PSQ weight and the vessel operators' and
processors' reports of weight or numbers of CDQ and PSQ catch reported
on ADF&G fish tickets.
NMFS' proposed standard procedures for estimating catch for vessels
discarding groundfish CDQ at sea would use the observer's estimate of
the weight of both groundfish CDQ and halibut PSQ.
Catcher/Processors and Motherships
Regardless of their length, all catcher/processors and motherships
would be required to have at least two certified CDQ observers, one of
whom must meet the requirements of a lead CDQ observer (see discussion
below).
All catcher/processors and motherships would be required to provide
special equipment for estimating CDQ and PSQ catch. Any vessel required
to have a certified scale, certified bins, or an observer sampling
station would have to be inspected and
[[Page 43878]]
receive a special permit prior to being permitted to participate in the
CDQ fisheries. Therefore, being listed as an eligible vessel in an
approved CDP would not be sufficient for a catcher/processor or
mothership to fish CDQ. The proposed inspection and the CDQ permit
requirements are described in a later section.
Catcher/Processors Using Trawl Gear and Motherships
Catcher/processors using trawl gear and motherships would be
required to weigh all catch in the CDQ fisheries on a scale certified
by NMFS and to have an observer sampling station. Proposed regulations
governing the certified scales and the observer sampling station are
described in a later section.
NMFS' proposed standard sources and procedures for estimating catch
for these vessels are or would use the observer's report of total catch
weight from the certified scale and the observer's species composition
sample data.
Catcher/Processors Using Non-Trawl Gear
Catcher/processors using longline, pot, or jig gear would be
required to have an observer sampling station, including a motion-
compensated platform scale. CDQ observers would sample each set and
determine species composition and average weight for all CDQ and PSQ
species.
NMFS' proposed standard sources for estimating catch for these
vessels are the observer's report of species composition and average
weight.
Shoreside Processors
Shoreside processors would be required to sort all CDQ deliveries
by species or species group and weigh them on a scale certified by the
State. PSQ species monitored by number would be required to be counted.
The sorting and weighing of all CDQ and PSQ would be required to be
monitored by a CDQ observer.
Shoreside processors would be required to be listed in the CDP and
to have a valid CDQ permit to accept deliveries of CDQ catch. The
permit would not be issued until NMFS had determined that the CDQ catch
could be weighed on a certified scale and that an observer could
monitor the sorting and weighing of all CDQ species.
Observer Sampling To Determine CDQ and PSQ Catch Weight
Methods proposed by NMFS that would be based on observer sampling
to estimate species composition of the catch would use sample sizes and
procedures that NMFS believes an observer could reasonably accomplish
in the time available to him or her under the fishing and processing
conditions on a vessel. Observers would obtain the largest sample sizes
they can, given time, equipment, available space, and catch
composition. NMFS is not proposing to specify minimum sample sizes
necessary to obtain catch weight estimates with specific statistical
qualities. The staff resources and data necessary to develop sampling
plans appropriate for specific target fisheries or specific vessels are
not available at this time. In addition, NMFS expects that the minimum
sample sizes required to estimate the weight of infrequently occurring
species on a haul-by-haul basis with a high level of confidence would
be too large to accommodate in the space available on many vessels and
would require more than two observers to sort and weigh. If NMFS
develops sampling plans or minimum sample sizes for the groundfish
fisheries as a whole in the future, this information could be added to
the CDQ fishery requirements at that time.
Separation of CDQ and Non-CDQ Catch
The need to account for all halibut, groundfish TAC species, and
prohibited species under the groundfish and halibut CDQ program
necessitates the separation of CDQ catch, IFQ catch, and non-CDQ catch.
NMFS must be able to distinguish between CDQ and non-CDQ fishing in
order to know whether catch accrues to a CDQ/PSQ or to IFQs or non-CDQ
TACs and PSC limits. Therefore, catcher vessels could land and deliver
CDQ and IFQ species together, but they would be prohibited from
catching and delivering CDQ and non-CDQ catch together. Catcher/
processors would be prohibited from mixing CDQ and non-CDQ catch in the
same haul or set. In addition, observed catcher vessels and catcher/
processors could not harvest fish for more than one CDQ group or from
CDQ and IFQ in the same haul or set. Observed catcher vessels could
harvest CDQ and IFQ fish in different sets on the same trip if they had
sufficient quota to cover their catch of all species.
On catcher/processors allowed to retain both CDQ and non-CDQ catch
during the same trip, no CDQ catch or processed product from CDQ catch
could be used as a basis species to determine maximum retainable
bycatch amounts in the non-CDQ fisheries.
Equipment Requirements for Vessels
A new Sec. 679.28 entitled ``Equipment and Operational Requirements
for Catch Weight Measurement'' proposed in a separate rulemaking would
set forth the requirements for certified scales to weigh catch at sea
and certified scales in shoreside processing plants (62 FR 32564, June
16, 1997). This proposed rule would modify that proposed rule by adding
requirements for observer sampling stations to Sec. 679.28 and moving
the requirements for certified holding bins from subpart C to
Sec. 679.28. Although these equipment and operational requirements are
proposed only as part of the CDQ monitoring program at this time, they
may be applied more widely in the future.
Certified Scales
All CDQ catch harvested by trawl catcher/processors or delivered to
processor vessels or shoreside processing plants would be required to
be weighed on a certified scale to obtain the most accurate estimate of
the weight of each CDQ and PSQ species. Catch by observed vessels using
non-trawl gear could be estimated by counting individual species and
applying an average weight. Scales in shoreside processing plants would
be required to be certified by the State of Alaska, as they currently
are required to be under State law. Scales on catcher/processors using
trawl gear and motherships would be certified under NMFS' at-sea scale
certification program. More discussion on the background and
requirements of the at-sea scale certification program may be found in
the preamble to the at-sea scale certification proposed rule (62 FR
32564, June 16, 1997).
All trawl catcher/processors and motherships would be required to
install a scale and have the scale certified by a weights and measures
inspector authorized by the Administrator, Alaska Region, NMFS
(Regional Administrator). All of the catch would be required to be
weighed on the certified scale before it is sorted. The weight of each
species would be determined by the observer's species composition
sampling unless some other method is approved by NMFS in the CDP.
Purchase of a scale appropriate for trawl processor vessels may
cost between $30,000 (hopper scales) and $50,000 (belt-conveyor
scales). Installation costs will vary depending on the type of scale
selected, the modifications necessary to accommodate the scale, and
changes in the sorting and discarding operations. In 1994, the Council
recommended that NMFS require at-sea scales on processor vessels in the
BSAI pollock fisheries. A draft EA/RIR/IRFA prepared for that
recommendation analyzed an alternative to requiring certified scales
[[Page 43879]]
on all trawl processor vessels. NMFS estimated that installation of an
at-sea scale could cost from $5,000 to $250,000 per vessel. A copy of
this EA/RIR/IRFA may be obtained from the Regional Administrator (see
ADDRESSES). The installation of a scale also may reduce the efficiency
of the fish processing factory, particularly if processing equipment
has to be relocated. Although NMFS cannot estimate what these costs may
be, processor vessels that would have to undergo significant
modifications to their vessels or forego substantial processing
efficiencies to accommodate a scale probably would choose not to
participate in the CDQ fisheries rather than incur these costs.
Observer Sampling Station
All processor vessels would be required to have an observer
sampling station that includes a motion-compensated scale to improve
the accuracy of sample weights, a table, a hose that supplies fresh or
salt water, and a specified minimum amount of work space. Current
observer sampling scales do not compensate for vessel motion and,
therefore, are not providing as accurate sample weights as could be
obtained with a motion-compensated scale. In addition, many processor
vessels currently do not provide working and storage space necessary
for observers to carry out their duties. The observer sampling station
is estimated to cost between $8,000 and $14,000 per vessel, the
majority of which is due to the motion-compensated platform scale which
could cost between $8,000 and $12,000 each.
Certified Bins for Volumetric Estimates
The regulations governing the use of certified holding bins for
volumetric estimates of total catch weight on catcher/processors and
motherships are proposed to be moved from subpart C to the new
Sec. 679.28(e). Although processor vessels in the CDQ fisheries would
be allowed to use certified bins for volumetric estimates of pollock
CDQ catch in 1998 only, requirements for certified bins must remain in
regulation because NMFS allows processor vessels in the non-CDQ pollock
fisheries with certified bins and two observers to use only observer
estimates, rather than the NMFS blend system, to determine pollock
catch weight.
NMFS implemented regulations in a final rule published on May 16,
1994 (59 FR 25346) requiring processor vessels participating in the
pollock CDQ fisheries to have certified bins for volumetric estimates.
A more complete description of how certified bins are used by observers
to make volumetric estimates of total catch weight is included in the
preamble to the proposed rule referenced above and in the preamble to
the then-proposed rule for certified bins (58 FR 68386, December 27,
1993).
The current certified bins regulations include equipment and
operational requirements. The operator is required to have each holding
bin that would be used for volumetric estimates measured, marked, and
certified by an independent marine engineer or other authorized
individual. The operator also is required to provide ``visual access''
to the bins so that the observer can see the level of fish throughout
the bin from outside the bin. In addition to the certification
requirements, operators also must comply with operational requirements
such as notifying the observer when fish would be added to or removed
from the bin, or not filling the bin above the viewing port.
The following changes are proposed for the new paragraph at
Sec. 679.28(e) on certified bins:
(1) The paragraph would be reorganized to separate specifications
and certification requirements from operational requirements.
(2) Certification documents would be required to be submitted to
the Regional Administrator (as would all equipment certification
requirements in Sec. 679.28) rather than to the NMFS Observer Program
Office as required under current regulations.
(3) A new requirement that numerals identifying the level of fish
in the bins be at least 4 cm high would be added for bin certification
documents dated 30 days after the effective date of the final rule.
Because the bin certification requirements would be effective only for
1998 in the CDQ fisheries, NMFS does not believe that vessel owners
should be required to modify numerals on previously certified bins.
However, any bins certified for the first time or recertified after the
effective date of this proposed rule would be required to comply with
this requirement.
(4) Clarification that marked increments would not be required on
the wall in which the viewing port is located unless they are needed to
determine the level of fish from another viewing port.
(5) A specific list of information that must be included in bin
certification documents submitted after the effective date of this
proposed rule would be added. In the current regulations, the bin
certification documents must include a description of the location of
bin marks, tables indicating bin volume in cubic meters for each marked
increment and must be dated and signed by the person preparing the
documents. This proposed rule would add the vessel name, the date the
bins were measured and the marked increments and numerals were
witnessed, a diagram of the location of the marked increments, the
location and dimensions of each viewing port, and instructions for
determining the volume of fish in each bin from the diagrams and
tables.
(6) A new requirement that refrigerated seawater tanks could be
used for volumetric estimates only if all other requirements of the
paragraph were met and no water had been added to the bins before the
observer made a volumetric estimate.
(7) The requirement for a viewing port or ports, through which the
level of fish inside the bin can be seen from outside the bin, would be
more clearly stated.
(8) The provision allowing bins to be certified by ``a qualified
organization that has been designated by the USCG Commandant, or an
authorized representative thereof, for the purpose of classing or
examining commercial fishing industry vessels under the provisions of
46 CFR 28.76 would be removed. NMFS believes that it is sufficient to
require that a registered engineer perform bin certifications.
Equipment That Biases Observer Samples
Estimates of the catch of CDQ and PSQ would be based either on
processors' reports of sorted and weighed or counted catch or on the
observer's species composition sample data applied to total catch
weight. In either case, the use of equipment that would remove or
destroy fish before they are counted, weighed, or sampled would result
in an inaccurate estimate of CDQ or PSQ catch. In the shoreside plants,
these fish would not be sorted and weighed or counted. On a vessel,
removal of these fish would bias the observer's sample. NMFS
regulations currently contain a prohibition at Sec. 679.7(g)(2) against
interfering with or biasing the sampling procedure employed by an
observer, including physical, mechanical, or other sorting or
discarding of catch before sampling. Although no additional specificity
is being proposed at this time, NMFS believes that the following
equipment biases observer samples if used to transport fish prior to
the time the fish reaches the location where the observer samples:
Pumps that grind fish; grates, small pipes, and hatches that prevent
larger fish from flowing through; and incline belts operated at certain
angles or speeds so that some fish do not get transported up the belt.
NMFS may
[[Page 43880]]
consider adding specific prohibitions against the use of such equipment
in the future.
Permits for Vessels and Processors in the CDQ Fisheries
The catch accounting requirements for the groundfish and halibut
CDQ programs are different from those for the non-CDQ fisheries because
they require the use of new equipment on vessels and observer
monitoring of sorting and weighing of CDQ catch in shoreside plants.
All shoreside processors and all vessels required to have equipment
such as a certified scale to weigh catch or an observer sampling
station would be required to obtain a permit from NMFS to participate
in the groundfish or halibut CDQ fisheries. Prior to issuing the CDQ
permit, NMFS would inspect each vessel and processing plant to verify
that the equipment required to account for CDQ catch was present and
operational on the vessel and that specific requirements for observer
sampling or sorting and weighing of catch could be met.
NMFS' experience with the certified bin requirement in the pollock
CDQ fisheries is an important factor in NMFS' recommendation for pre-
fishing inspections. Problems with the certified bins include
improperly certified bins, inability of observers to see into the bins,
unsafe access to the bins, and lack of understanding about how to use
the bin certification documents. These problems have caused conflicts
between vessel operators and the observers. Communication difficulties
and the fact that many of the problems are only identified once fish
have been harvested and the observer is unable to make a volumetric
estimate of total catch weight have made it difficult to resolve the
problems quickly. Some of these problems could have been identified and
resolved by a vessel inspection and improved communication between the
CDQ participants and NMFS before CDQ fishing started. Other problems
are operational in nature and cannot be identified until a vessel is
fishing. The CDQ permit would be used only to identify compliance with
specific equipment requirements prior to the start of the CDQ
fisheries. NMFS would still have to rely on reports by observers or
authorized officers to enforce operational violations.
Trawl catcher/processors and motherships would be inspected to
verify that the observer sampling station meets the requirements of
Sec. 679.28(d), that the motion-compensated observer sampling scale is
operating properly, and that observers can sample unsorted catch after
it has been weighed on a certified scale.
Longline and pot catcher/processors and catcher vessels would be
inspected to verify that the observer sampling station meets the
requirements of Sec. 679.28(d) and that the motion-compensated observer
sampling scale is operating properly.
Shoreside processors would be inspected to verify that an observer
can monitor the sorting and weighing of all CDQ and PSQ catch on a
scale certified by the State of Alaska.
Vessel owners or processors would be required to submit a permit
application to NMFS. Trawl catcher/processors and mothership owners and
shoreside processors would be required to submit a diagram and
description of the vessel or processing plant showing where CDQ catch
would be sorted and weighed on a certified scale and the location of
the observer sampling station on vessels. Trawl catcher/processors and
mothership owners also would be required to submit a copy of the at-sea
scale inspection certificate. Longline or pot catcher/processors or
catcher vessels would not be required to submit supplemental
information with the permit application.
Upon receipt of the permit application, NMFS would schedule a
vessel or plant inspection. NMFS would not issue the permit until the
vessel or plant inspection had been conducted and NMFS verified
compliance with specific equipment and catch accounting requirements.
Permits would have to be renewed each year. However, after the
initial inspection of a vessel or plant has been conducted, NMFS could
waive requirements for inspections in future years if the observers
report no problems with equipment or operational requirements and if
the annual scale certification documents required for vessels are
received by NMFS.
Once permitted, a vessel or processor could harvest or process CDQ
fish for any CDQ group during the year for which it is permitted as
long as it is listed as an eligible vessel or processor on the approved
CDP for that CDQ group.
Certified CDQ Observer
The multispecies groundfish CDQ program would rely heavily on
information collected by observers to determine the catch of CDQ and
PSQ species, thereby increasing the need for accurate and timely
observer data. Observers would need additional training and briefing to
provide more in-depth information about the additional monitoring,
equipment, and operational requirements of the CDQ fisheries; how to
collect and transmit CDQ data; and how to communicate questions or
problems to NMFS. Therefore, NMFS proposes to create a new category of
observer called a NMFS-certified CDQ observer, the requirements for
which would be added at Sec. 679.50(h)(1)(i) (D) and (E).
Two levels of CDQ observer are proposed. The first level would be
called a ``CDQ observer'' and the second level a ``lead CDQ observer.''
A person would be required to have experience observing in the CDQ
fisheries in order to be certified as a lead CDQ observer. The CDQ
observer level, with no requirements for CDQ observing experience, is
necessary in order to provide the experience in the CDQ fisheries that
is required to become a lead CDQ observer.
Both the CDQ observer and the lead CDQ observer would be required
to have the following qualifications to be certified:
1. Receive the rating of 1 for ``exceptional'' or 2 for ``meets
expectations'' by NMFS for their most recent deployment,
2. Have completed at least 60 days of observer data collection as a
certified North Pacific groundfish observer on a vessel using the same
gear type as the CDQ vessel that they will be deployed on. In other
words, CDQ observers would be certified for specific gear types.
3. Successfully complete a NMFS-approved CDQ observer training and/
or briefing. The additional training is expected to take approximately
5 days.
In addition to these requirements, a person certified as a ``lead''
CDQ observer would be required to have successfully completed at least
20 days of observer data collection on a vessel of any gear type
participating in a CDQ fishery.
At least one of the observers on each catcher/processor,
mothership, or catcher vessel and in the onshore processing plant would
be required to be a certified ``lead'' CDQ observer. All CDQ observers
on vessels would be required to have at least 60 days of experience
collecting data on a vessel of the same gear type as the CDQ vessel
they are deployed on.
Observer Coverage Requirements
Observer coverage requirements for vessels and processors
participating in the groundfish and halibut CDQ fisheries would be
moved from subpart C to subpart E with all other observer coverage
requirements. Catcher vessels less than 60 ft (18.3 m) LOA would not be
required to carry an observer. All
[[Page 43881]]
catcher vessels 60 ft (18.3 m) LOA or longer, including those catcher
vessels fishing halibut CDQ with groundfish CDQ bycatch, would be
required to carry at least one certified lead CDQ observer. Shoreside
processing plants would be required to have at least one certified lead
CDQ observer to monitor the sorting and weighing of all CDQ deliveries.
Catcher/processors and motherships would be required to have two
certified CDQ observers on board during the CDQ fisheries, at least one
of whom would be required to be a certified lead CDQ observer.
Processors purchasing halibut CDQ and no other groundfish are not
required by NMFS to have Federal Processor permits and, therefore, are
not required to be monitored by NMFS-certified observers. Observer
coverage requirements include vessels fishing for halibut CDQ because
of the need to monitor the catch of all CDQ and PSQ species in the
catch.
This proposed rule also would amend Sec. 679.50(a) to clarify that
CDQ observer coverage days for ``30 percent coverage'' vessels would
not count towards the required distribution of observer coverage
throughout the year in the non-CDQ fisheries as described in
Sec. 679.50(c)(1)(v) and (c)(1)(vii).
Catch Accounting During the Transition Year
In 1998, processors in the pollock, sablefish, and halibut CDQ
fisheries would continue to follow the catch accounting regulations
currently used, although these regulations would be moved to
Sec. 679.32(f). Processor vessels in the pollock CDQ fishery would
continue to use volumetrics to estimate pollock catch weight, however,
pollock CDQ catches would be required to be reported to NMFS on the CDQ
catch report.
Fixed gear vessel operators in the halibut and sablefish CDQ
fisheries would be allowed to continue to use processed product weight
and product recovery rates to estimate the round weight of retained
catch and to report their catch to the RAM Division under the same
regulations used for the halibut and sablefish IFQ program. The halibut
and sablefish CDQ regulations would be moved to Sec. 679.32(g). Halibut
and fixed gear sablefish CDQ landings would not be reported on the CDQ
catch report until 1999.
The Council recommended that bycatch from the pollock, fixed gear
sablefish, or fixed gear halibut CDQ fisheries not accrue against the
CDQ groups' CDQ or PSQs in the transition year. The only species that
would accrue to a CDQ in the pollock CDQ fisheries would be pollock.
Similarly, only sablefish and halibut catch in the fixed gear sablefish
and halibut CDQ fisheries would accrue against a CDQ. Catch of all
other species in these CDQ fisheries would accrue to the respective
non-CDQ TACs and PSC limits.
Different requirements for the various CDQ fisheries in 1998
require definitions to distinguish among them. In 1998, the
multispecies CDQ fisheries would not include pollock, fixed gear
sablefish, or halibut. Different CDQ numbers would be assigned to each
CDQ group's allocations of pollock, sablefish, halibut, and
multispecies groundfish. Under the current regulations, each vessel and
processor is required to maintain separate catch and production records
for fish harvested under each CDQ number. In addition, the CDQ
representative would be required to identify vessels fishing in the
pollock CDQ fisheries on the check-in and check-out reports. Check-in/
check-out reports are not proposed to be required for the fixed gear
halibut and sablefish CDQ fisheries in 1998, because they would still
be operating under the IFQ regulations.
The allowable amount of groundfish bycatch that could be retained
in the pollock, fixed gear sablefish, and fixed gear halibut CDQ
fisheries would have to comply with maximum retainable bycatch amounts
and fishery closures for the non-CDQ TACs against which this bycatch is
accruing.
Equipment and operational requirements proposed for the
multispecies CDQ program would not apply to the pollock and fixed gear
sablefish and halibut CDQ fisheries in 1998. However, starting on
January 1, 1999, the equipment and operational requirements discussed
in previous sections would apply to all vessels and processors in the
multi-species groundfish and halibut CDQ fisheries.
Classification
At this time, NMFS has not determined that the amendment that this
rule would implement is consistent with the national standards of the
Magnuson-Stevens Act and other applicable laws. Section 304(a)(3) of
the Magnuson-Stevens Act requires NMFS to approve, disapprove, or
partially approve an amendment submitted by the Council within 30 days
of the end of the comment period for that amendment. NMFS, in making
that determination, will take into account the data, views, and
comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
An EA/RIR was prepared for this rule that describes the management
background, the purpose and need for action, the management action
alternatives, and the socio-economic impacts of the alternatives. The
EA/RIR estimates the total number of small entities affected by this
action, and analyzes the economic impact on those small entities. Based
on the economic analysis in the EA/RIR, the Assistant General Counsel
for Legislation and Regulation of the Department of Commerce certified
to the Chief Counsel for Advocacy of the Small Business Administration
that this proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities.
Although most fishing operations affected by these regulations
(1,896 fishing operations--based on the total number of moratorium
qualifications issued to date) are considered small entities, a
substantial number of these small entities would not experience
impacts of the type contemplated by the RFA as ``significant.'' In
fact, it is estimated that 2,962 fishing operations would qualify
under the LLP, 1,066 more fishing operations than are currently
licensed to operate. This number of fishing operations also exceeds
the average number of fishing operations from 1988-1995 (1,956
fishing operations) and the fishing operations in the year of the
highest participation (1992--2,285 fishing operations). Some vessels
that are currently participating under the moratorium on entry might
not qualify under the LLP because of insufficient participation
during the endorsement qualification period (1992-1995). However,
given the relatively easy qualification requirements (i.e., one
landing in each of any 2 calendar years 1/1/92-6/17/95 at most, in
some cases only a single landing during that period), this number is
anticipated to be below the 20 percent threshold. Furthermore, most
vessels that would not qualify for a license under the LLP would be
small vessels that are either exempt from the LLP because of their
size (i.e., equal to or less than 32 ft in the Bering Sea and
Aleutian Islands Area or equal to or less than 26 ft in the Gulf of
Alaska), or vessels that primarily participated in state waters and
only had minimal participation in the EEZ off Alaska (i.e., landings
that amounted to less than 5 percent of their gross catch). In the
case of the former, there would be no impact, significant or
otherwise, because these vessels would be able to continue their
participation through the exemption provided in the
[[Page 43882]]
LLP. In the case of the latter, the impact would not rise to
significance under the RFA because the vessels primarily
participated in state waters, which would be unaffected by the LLP.
While the CDQ allocations certainly provide significant benefits
to the recipient groups and communities, and at the same time impose
additional reporting and administrative requirements, the six CDQ
organizations likely would not be classified as ``small entities''
under the auspices of the RFA, nor would they, in total, comprise a
``substantial'' number of entities (large or small) operating in the
fisheries off Alaska.
The associated 7.5 percent reduction in overall quota available
to the remaining fishing fleet (which includes a substantial number
of small entities) is not expected to result in a direct 7.5 percent
reduction in catch, for example, by any individual small fishing
operation. As noted previously, the 7.5 percent allocation is far
less than the percentage of fish currently discarded in the
collective groundfish fisheries. Council programs, which mandate
retention and utilization of groundfish species beginning in 1998,
are estimated to more than make up for the 7.5 percent quota
reduction, in terms of overall fish available for both small and
large fishing operations. It is also true that the gross income for
individual, small fishing operations is less dependent on overall
quotas available than it is on other factors such as, relative fish
prices across species, unpredictable weather patterns, timing and
magnitude of alternative fishing opportunities such as salmon, and
other business decisions made independent of the overall TAC levels
for groundfish.
As a result, a regulatory flexibility analysis was not prepared.
Copies of the EA/RIR can be obtained from NMFS (see ADDRESSES).
This proposed rule contains new collection-of-information
requirements subject to the Paperwork Reduction Act (PRA). These
collection of information has been submitted to OMB for approval. The
new information requirements consist of: Preparation of 5,000 initial
applications over the life of the LLP requiring an estimated time of 2
hours each to complete for a total of 10,000 hours; preparation of 500
transfer applications per year requiring an estimated time of 1 hour
each to complete for a total of 500 hours per year; preparation of six
proposed CDPs requiring an estimated time of 500 hours to complete for
an average of 1,000 hours per year; preparation of six annual reports
requiring an estimated time of 40 hours to complete for a total of 240
hours per year; preparation of six annual budget reports requiring an
estimated time of 20 hours to complete for a total of 120 hours per
year; preparation of six annual budget reconciliation reports requiring
an estimated time of 8 hours to complete for a total of 48 hours per
year; preparation of 48 substantial amendments requiring an estimated
time of 8 hours to complete for a total of 384 hours per year;
preparation of 60 technical amendments requiring an estimated time of 4
hours to complete for a total of 240 hours per year; preparation of 56
CDQ permit applications requiring an estimated time of 2 hours to
complete for a total of 112 hours; preparation of 1,560 CDQ check-in/
check-out reports requiring an estimated time of 10 minutes to complete
for a total of 260 hours; preparation of 144 CDQ catch reports
requiring an estimated time of 2 hours to complete for a total of 288
hours per year, preparation of 75 prior notices of offloading requiring
an estimated 2 minutes to complete for a total of 2.5 hours per year;
and printing and retention of 725 scale printouts by shoreside
processors requiring an estimated time of 10 minutes to complete for a
total of 121 hours per year, and reporting of at-sea discards on 650
ADF&G fish tickets by unobserved catcher vessels requiring an estimated
time of 20 minutes to complete for a total of 217 hours per year. For
1998 only, information requirements consist of bin certifications
requiring an estimated time of 8 hours to complete for a total of 0
hours for 1998; changes to the list of CDQ halibut/sablefish
cardholders requiring an estimated time of 0.5 hours to complete for a
total of 3.5 hours for 1998; and changes to CDP lists of vessels for
halibut/sablefish requiring an estimated time of 1 hour for a total of
14 hours for 1998.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any 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.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information has
practical utility; the accuracy of the burden estimate; ways to enhance
the quality, utility, and clarity of the information to be collected;
and ways to minimize the burden of the collection of information,
including through the use of automated collection techniques or other
forms of information technology. Send comments regarding burden
estimates or any other aspect of the data requirements, including
suggestions for reducing burdens, to NMFS (see ADDRESSES) and to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503 (ATTN: NOAA Desk Officer).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: August 6, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For reasons set out in the preamble, 50 CFR part 679 is proposed to
be amended to read as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.1, paragraph (e) is revised and paragraph (j) is
added to read as follows:
Sec. 679.1 Purpose and scope.
* * * * *
(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.
* * * * *
(j) License Limitation Program. (1) Regulations in this part
implement the license limitation program for the commercial groundfish
fisheries in the EEZ off Alaska and for the commercial crab fisheries
for the Bering Sea and Aleutian Islands in the EEZ off Alaska.
(2) Regulations in this part govern the commercial fishing for
license limitation groundfish by vessels of the United States using
authorized gear within that portion of the Gulf of Alaska and the
Bering Sea and Aleutian Islands management area over which the United
States exercises exclusive fishery management authority and the
commercial fishing for crab species by vessels of the United States
using authorized gear within that portion of the Bering Sea and
Aleutian Islands management area over which the United
[[Page 43883]]
States exercises exclusive fishery management authority.
3. In Sec. 679.2, the definition for ``Governor'' is removed; the
definitions for ``Community Development Plan (CDP)'', ``Community
Development Quota (CDQ)'', ``Legal Landing'', ``Maximum LOA'',
``Person'', ``Processing or to process'', ``Qualified Applicant'',
``Qualified Person'', and ``Resident Fisherman'' are revised; and
definitions for ``Area Endorsement'', ``Area/Species Endorsement'',
``Catcher/Processor Vessel Designation'', ``Catcher Vessel
Designation'', ``CDQ Allocation'', ``CDQ Fishing'', ``CDQ Group'',
``CDQ Number'', ``CDQ Project'', ``CDQ Representative'', ``CDQ
Species'', ``Crab Species'', ``Crab Species License'', paragraph (3)
for ``Directed Fishing'', ``Eligible Applicant'', ``Eligible
Community'', ``Groundfish License'', ``License Holder'', ``License
Limitation Groundfish'', ``Managing Organization'', ``Prohibited
Species Quota'', ``PSQ Allocation'', ``PSQ Species'', ``State'', and
``Vessel Length Category'' are added in alphabetical order to read as
follows:
Sec. 679.2 Definitions.
Area endorsement means the designation(s) on a license that
authorizes a license holder to conduct directed fishing for license
limitation groundfish in the designated area(s), subarea(s), or
district(s). 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 conduct directed fishing for license limitation groundfish in
the Aleutian Islands Subarea;
(2) Bering Sea area endorsement. Authorizes the license holder to
conduct directed fishing for license limitation groundfish in the
Bering Sea Subarea;
(3) Central Gulf area endorsement. Authorizes the license holder to
conduct directed fishing for license limitation groundfish in the
Central Area of the Gulf of Alaska and the West Yakutat District;
(4) Southeast Outside area endorsement. Authorizes the license
holder to conduct directed fishing for license limitation groundfish in
the Southeast Outside District; and
(5) Western Gulf area endorsement. Authorizes the license holder to
conduct directed fishing for license limitation groundfish in the
Western Area of the Gulf of Alaska.
Area/species endorsement means the designation(s) on a license that
authorizes a license holder to conduct directed fishing for the
designated crab species in Federal waters in the designated area(s).
Area/species endorsements for crab species licenses are as follows:
(1) Adak brown king in waters with an eastern boundary of 171 deg.
W. long., a western boundary of the U.S.-Russian Convention Line of
1867, and a northern boundary of 55 deg.30' N. lat.
(2) Adak red king in waters with an eastern boundary of 171 deg. W.
long., a western boundary of the U.S.-Russian Convention Line of 1867,
and a northern boundary of 55 deg.30' N. lat.
(3) Bristol Bay red king in waters with a northern boundary of
58 deg. 39' N. lat., a southern boundary of 54 deg. 36' N. lat., and a
western boundary of 168 deg. W. long. and including all waters of
Bristol Bay.
(4) BS/AI C. opilio and C. bairdi in Pacific Ocean waters with a
northern boundary of 58 deg. 52' N. lat., and an eastern boundary of
148 deg. 50' W. long and all Bering Sea and Pacific Ocean waters east
of the U.S.-Russian Convention Line of 1867, excluding:
(i) Pacific Ocean waters with a northern boundary of 58 deg. 52' N.
lat., an eastern boundary of 148 deg. 50' W. long., and a western
boundary of 157 deg. 27' W. long.
(ii) Pacific Ocean waters with an eastern boundary line from the
southernmost tip of Kupreanof Point to the easternmost tip of Castle
Rock and extending southeast (135 deg.) from that easternmost point,
and a western boundary line extending south (180 deg.) from Scotch Cap
Light.
(iii) Pacific Ocean waters with a western boundary line from the
southernmost tip of Kupreanof Point to the easternmost tip of Castle
Rock and extending southeast (135 deg.) from that easternmost point,
and an eastern boundary line of the longitude of the easternmost tip of
Cape Kumlik.
(5) Dutch Harbor brown king in waters with a northern boundary of
54 deg. 36' N. lat., an eastern boundary of the longitude of Scotch Cap
Light, and a western boundary of 171 deg. W. long., excluding the
waters with a southern boundary line from 54 deg. 36' N. lat., 168 deg.
W. long., to 54 deg. 36' N. lat., 171 deg. W. long., to 55 deg. 30' N.
lat., 171 deg. W. long., to 55 deg. 30' N. lat., 173 deg. 30' E. lat.,
a northern boundary of 68 deg. 21' N. lat., an eastern boundary line
from 54 deg. 36' N. lat., 168 deg. W. long., to 58 deg. 39' N. lat.,
168 deg. W. long., to 59 deg. 39' N. lat., and a western boundary of
the U.S.-Russian Convention line of 1867.
(6) Norton Sound red king and Norton Sound blue king in waters with
a western boundary of 168 deg. W. long., a southern boundary of 61 deg.
49' N. lat., and a northern boundary of 65 deg. 36' N. lat.
(7) Pribilof red king and Pribilof blue king in waters with a
northern boundary of 58 deg. 39' N. lat., an eastern boundary of
168 deg. W. long., a southern boundary line from 54 deg. 36' N. lat.,
168 deg. W. long., to 54 deg. 36' N. lat., 171 deg. W. long., to
55 deg. 30' N. lat., 171 deg. W. long., to 55 deg. 30' N. lat.,
173 deg. 30' E. lat., and a western boundary of the U.S.-Russian
Convention line of 1867.
(8) St. Matthew blue king in waters with a northern boundary of
61 deg. 49' N. lat., a southern boundary of 58 deg. 39' N. lat., and a
western boundary of the U.S.-Russian Convention line of 1867.
Catcher/processor vessel designation means a license designation
that authorizes a license holder:
(1) To conduct directed fishing for license limitation groundfish
and/or process license limitation groundfish on a vessel; or
(2) To conduct directed fishing for crab species and/or process
crab species on a vessel.
Catcher vessel designation means a license designation that
authorizes a license holder:
(1) To conduct directed fishing for, but not process, license
limitation groundfish on a vessel; or
(2) To conduct directed fishing for, but not process, crab species
on a vessel.
Community Development Plan (CDP) means a business plan for the
economic and social development of a specific Western Alaska community
or group of communities under the CDQ program at Sec. 679.30.
Community Development Quota (CDQ) means the annual amount of a
particular CDQ species, in metric tons or numbers of animals, that a
CDQ group is permitted to catch based on a CDQ allocation that has been
requested in a proposed CDP and approved by NMFS.
CDQ allocation means a percentage of a CDQ reserve, defined at
Sec. 679.31, which is assigned to a CDQ group when NMFS approves a
proposed CDP.
CDQ fishing means fishing for any CDQ or PSQ species.
CDQ group means a qualified applicant with an effective CDP.
CDQ number means a number assigned to the CDQ group by NMFS that is
to be used on all reports submitted by the CDQ group.
CDQ project means any program that is funded by a CDQ group's
assets for the economic or social development of a community or group
of communities that are participating in a CDQ group, including but not
limited to, infrastructure development, CDQ investments, employment and
training programs, and CDP administration.
CDQ representative means the individual who is the official contact
for
[[Page 43884]]
NMFS regarding all matters relating to a CDQ group's activities.
CDQ species means any species or species group that has been
assigned to a CDQ reserve as specified at Sec. 679.31(b)-(f).
Crab species means all crab species covered by the Fishery
Management Plan for the Commercial King and Tanner Crab Fisheries in
the Bering Sea/Aleutian Islands, including, but not limited to, red
king crab (Paralithodes camtschatica), blue king crab (Paralithodes
platypus), brown or golden king crab (Lithodes aequispina), scarlet or
deep sea king crab (Lithodes couesi), Tanner or bairdi crab
(Chionoecetes bairdi), opilio or snow crab (Chionoecetes opilio),
grooved Tanner crab (Chionoecetes tanneri), and triangle Tanner crab
(Chionoecetes angulatus).
Crab species license means a license issued by NMFS that authorizes
the vessel designated on the license to conduct directed fishing for
crab species.
Directed fishing means:
* * * * *
(3) With respect to license limitation groundfish species, directed
fishing as defined in paragraph (1) of this definition, or, with
respect to license limitation crab species, the catching and retaining
of any license limitation crab species.
Eligible applicant means:
(1) A qualified person who owned a vessel on June 17, 1995, that
made legal landings of license limitation groundfish or crab species in
the appropriate areas during the qualifying periods specified in
Sec. 679.4(i) (4) and (5), unless the fishing history of that vessel
was transferred in conformance with the provisions in paragraph (2) of
this definition; or
(2) A qualified person to whom the fishing history of a vessel that
made legal landings of license limitation groundfish or crab species in
the appropriate areas during the qualifying periods specified in
Sec. 679.4(i) (4) and (5) has been transferred 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.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of
this definition, for purposes of eligibility for an area/species
endorsement specified at Sec. 679.4(i)(5)(ii)(H), an eligible applicant
also includes (i) an individual who held a State of Alaska permit for
the Norton Sound king crab summer fishery in 1993 and 1994, and who
made at least one landing of red or blue king crab in the appropriate
area during the period specified in Sec. 679.4(i)(5)(ii)(H), or (ii) a
corporation that owned or leased a vessel on June 17, 1995, that made
at least one landing of red or blue king crab in the appropriate area
during the period in Sec. 679.4(i)(5)(ii)(H), and that was operated by
an individual who was an employee or a temporary contractor;
Eligible community means a community:
(1) That is located within 50 nm from the baseline from which the
breadth of the territorial sea is measured along the Bering Sea coast
from the Bering Strait to the most western of the Aleutian Islands, or
on an island within the Bering Sea. A community is not eligible if it
is located on the GOA coast of the North Pacific Ocean, even if it is
within 50 nm of the baseline of the Bering Sea.
(2) That is certified by the Secretary of the Interior pursuant to
the Native Claims Settlement Act (Pub. L. 92-203) to be a native
village.
(3) Whose residents conduct more than half of their current
commercial or subsistence fishing effort in the waters of the BSAI.
(4) That has not previously developed harvesting or processing
capability sufficient to support substantial groundfish fisheries
participation in the BSAI, unless the community can show that benefits
from an approved CDP would be the only way to realize a return from
previous investments. The community of Unalaska is excluded under this
provision.
Groundfish license means a license issued by NMFS that authorizes a
vessel to conduct directed fishing for license limitation groundfish.
Legal landing means a landing in compliance with Federal and state
commercial fishing regulations in effect at the time of landing.
License holder means the person who received a groundfish or crab
species license by initial issuance or transfer, or the individual
designated to use that license to conduct directed fishing for license
limitation groundfish or crab species by the person who received a
groundfish or crab species license by initial issuance or transfer.
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 and
sablefish managed under the IFQ program are not considered license
limitation groundfish.
Managing organization means the organization responsible for
managing all or part of a CDP.
Maximum LOA (MLOA) means:
(1) (Applicable through December 31, 1998) with respect to a
vessel's eligibility for a moratorium permit:
(i) Except for a vessel under reconstruction on June 24, 1992, if
the original qualifying LOA is less than 125 ft (38.1 m) LOA, 1.2 times
the original qualifying LOA or 125 ft (38.1 m), whichever is less.
(ii) Except for a vessel under reconstruction on June 24, 1992, if
the original qualifying LOA is equal to or greater than 125 ft (38.1
m), the original qualifying LOA.
(iii) For an original qualifying vessel under reconstruction on
June 24, 1992, the LOA on the date reconstruction was completed,
provided that maximum LOA is certified under Sec. 679.4(c)(9).
(2) With respect to the license limitation program, 1.2 times the
LOA of the vessel on June 24, 1992, or if the vessel was under
reconstruction on June 24, 1992, 1.2 times the LOA of the vessel on the
date reconstruction was completed, except that the maximum LOA of a
vessel cannot exceed:
(i) 59 ft (18.0 m) LOA, if the LOA of the vessel on June 17, 1995,
or on the date reconstruction was completed, was less than 60 ft (18.3
m);
(ii) 124 ft (37.8 m) LOA, if the LOA of the vessel on June 17,
1995, or on the date reconstruction was completed, was less than 125 ft
(38.1 m); or
(iii) The LOA of the vessel on June 17, 1995, or on the date
reconstruction was completed, if that LOA was 125 ft (38.1 m) or
greater.
Person means:
(1) For purposes of IFQ species and the CDQ program, any individual
who is a citizen of the United States or any corporation, partnership,
association, or other entity (or its successor-in-interest), regardless
of whether organized or existing under the laws of any state, who is a
U.S. citizen.
(2) (Applicable through December 31, 1998). For the purposes of the
moratorium, any individual who is a citizen of the United States or any
U.S. corporation, partnership, association, or other entity (or their
successor-in-interest), whether or not organized or existing under the
laws of any state.
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 limited to cooking, canning,
smoking, salting, drying, freezing, or rendering into meal or oil, but
does not mean icing, bleeding, heading, or gutting.
Prohibited species quota (PSQ) means the annual amount of a
prohibited species listed in Sec. 679.21(b)(1), in metric tons or
numbers, that a CDQ group is
[[Page 43885]]
permitted to catch based on an allocation of that species which has
been approved by NMFS.
PSQ allocation means a percentage of a PSQ reserve specified
pursuant to Sec. 679.31(g) that is assigned to a CDQ group when NMFS
approves a proposed CDP.
PSQ species means any species that has been assigned to a PSQ
reserve as specified at Sec. 679.31(g) for purposes of the CDQ program.
Qualified applicant means, for the purposes of the CDQ program:
(1) A local fishermen's organization that represents an eligible
community, or group of eligible communities, that is incorporated under
the laws of the State of Alaska, or under Federal law, and whose board
of directors is composed of at least 75 percent resident fishermen of
the community (or group of communities); or
(2) A local economic development organization that represents an
eligible community or group of communities, and that 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
that has a board of directors composed of at least 75 percent resident
fishermen of the community (or group of communities).
Qualified person means:
(1) With respect to the IFQ program, see IFQ Management Measures at
Sec. 679.40(a)(2).
(2) With respect to the license limitation program, a person who
was eligible on June 17, 1995, to document a fishing vessel under
Chapter 121, Title 46, U.S.C.
Resident fisherman means an individual with documented commercial
or subsistence fishing activity who maintains a mailing address and
permanent domicile in the community and is eligible to receive an
Alaska Permanent Fund dividend at that address.
State means the State of Alaska.
Vessel length category means the length category designated on a
license based on the MLOA of the vessel.
4. In Sec. 679.4, paragraph (e) is revised and paragraphs (a)(6)
and (i) are added to read as follows:
Sec. 679.4 Permits.
(a) * * *
(6) Harvesting privilege. Quota shares, permits, or licenses issued
pursuant to this part are neither an absolute 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.
* * * * *
(e) CDQ permit--(1) Applicability. This paragraph applies to
vessels or processors required in Sec. 679.32 to obtain a CDQ permit
prior to harvesting or taking deliveries of CDQ catch.
(2) Application for a permit. A complete application for a CDQ
permit must include the following:
(i) The name and signature of the person submitting the application
and the date the application was signed.
(ii) The year for which the CDQ permit is requested.
(iii) Whether the vessel or processor has received a CDQ permit
before and, if so, the most recent year.
(iv) The vessel or processor name.
(v) The Federal fishery or processor permit number.
(vi) The street address, mailing address, telephone number, and fax
number of the person submitting the application.
(vii) And for the following types of vessels or processors:
(A) Trawl catcher/processors and motherships.
(1) A diagram drawn to scale showing the location(s) where all CDQ
and PSQ will be weighed on a certified scale, the location where
observers will sample unsorted catch, and the location of the observer
sampling station as described at Sec. 679.28(d), including the observer
sampling scale.
(2) The name of the manufacturer and model of the motion-
compensated observer sampling scale.
(3) A copy of the most recent at-sea scale inspection certificate.
(B) Shoreside processing plants. A diagram drawn to scale showing
the location(s) where all CDQ and PSQ will be sorted and weighed on a
scale certified by the State of Alaska.
(C) Longline and pot catcher/processors and catcher vessels. The
name of manufacturer and model of the motion-compensated observer
sampling scale.
(3) Issuance of permit. A CDQ permit will be issued to the
applicant when the following requirements are met:
(i) The Regional Administrator receives a completed CDQ permit
application.
(ii) NMFS completes an inspection of the vessel or processor and
verifies that the following requirements are met.
(A) The scale(s) on trawl catcher/processors or motherships to
weigh CDQ catch have been certified by an authorized weights and
measures agency within twelve months of the date of inspection.
(B) The scale on a trawl catcher/processor or mothership is located
so that an observer can sample unsorted catch after it has been weighed
on the scale.
(C) The observer sampling station on a vessel meets the
requirements of Sec. 679.28(d).
(D) The scale or scales in a shoreside processing plant meet the
requirements of Sec. 679.28(c) and the CDQ observer can monitor the
sorting and weighing of all CDQ species.
(4) Duration. CDQ permits are effective the calendar year requested
by the applicant. Issuance of a CDQ permit means that the vessel or
processor complied with the requirements in paragraph (e)(3) of this
section on the date the vessel or processor was inspected. Once
permitted, vessel and processor owners and operators also are
responsible for complying with all equipment and operational
requirements in Sec. 679.28 and Sec. 679.32.
* * * * *
(i) Licenses for license limitation groundfish or crab species--(1)
General requirements. (i) In addition to the permit and licensing
requirements prescribed in this part, and except as provided in
paragraph (i)(2) of this section, each vessel within that portion of
the Gulf of Alaska and the Bering Sea and Aleutian Islands management
area over which the United States exercises exclusive fishery
management authority must have a groundfish license on board at all
times it is engaged in fishing activities defined in Sec. 679.2 as
directed fishing for license limitation groundfish. This groundfish
license, issued by NMFS to a qualified person, authorizes a license
holder to conduct directed fishing for license limitation groundfish
only in the specific area(s) designated on the license and may only be
used on a vessel that complies with the vessel designation and vessel
length category specified on the license.
(ii) In addition to the permit and licensing requirements
prescribed in this part, and except as provided in paragraph (i)(2) of
this section, each vessel within that portion of the Bering Sea and
Aleutian Islands area over which the United States exercises exclusive
fishery management authority must have a crab species license on board
at all times it is engaged in fishing activities defined in Sec. 679.2
as directed fishing for crab species. This crab species license, issued
by NMFS to a qualified person, authorizes a license holder to conduct
directed fishing for crab species only for the specific species
[[Page 43886]]
and in the specific area(s) designated on the license, and may only be
used on a vessel that complies with the vessel designation and vessel
length category specified on the license.
(2) Exempt vessels. Notwithstanding the requirements of paragraph
(i)(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 Gulf of Alaska 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 crab species
in the Bering Sea and Aleutian Islands management area and also may
conduct directed fishing for license limitation groundfish in the
Bering Sea and Aleutian Islands management area without a groundfish or
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 Bering Sea
and Aleutian Islands management area without a groundfish license; or
(iv) A catcher vessel or catcher/processor vessel that does not
exceed 125 ft (38.1 m) LOA, and that was, after November 18, 1992,
specifically constructed for and used exclusively in accordance with a
CDQ approved by the Secretary of Commerce under subpart C of this part,
and is designed and equipped to meet specific needs that are described
in the CDQ.
(3) Vessel designations and vessel length categories--(i) General.
A license can be used only on a vessel that complies with the vessel
designation specified on the license and that has an LOA less than or
equal to the MLOA specified on the license.
(ii) Vessel designations--(A) Catcher vessel. A license will be
assigned the vessel designation of catcher vessel if:
(1) For license limitation groundfish, no license limitation
groundfish were processed on the vessel that qualified for the
groundfish license under paragraph (i)(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 (i)(4)(ii) of this section; or
(2) For crab species, no crab species were processed on the vessel
that qualified for the crab species license under paragraph (i)(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/species endorsement qualifying period specified in paragraph
(i)(5)(ii) of this section.
(B) Catcher/processor vessel. A license will be assigned the vessel
designation of catcher/processor vessel if:
(1) For license limitation groundfish, license limitation
groundfish were processed on the vessel that qualified for the
groundfish license under paragraph (i)(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 (i)(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 (i)(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 (i)(5)(ii) of
this section.
(C) Changing a vessel designation. A person who holds a groundfish
license or a crab species license with a catcher/processor vessel
designation may, upon request to the Regional Administrator, have the
license reissued with a catcher vessel designation. The vessel
designation change to a catcher vessel will be permanent and that
license will be valid for only those activities specified in the
definition of catcher vessel designation at Sec. 679.2.
(iii) Vessel length categories. A license will be assigned one of
the following three vessel length categories based on its LOA on June
17, 1995:
(A) Vessel length category ``A'' if the LOA of the qualifying
vessel on June 17, 1995, 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 June 17, 1995, 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 June 17, 1995, was less than 60 ft (18.3 m) LOA.
(4) Qualifications for a groundfish license. A groundfish license
will be issued to an eligible applicant who owned a vessel that meets
the criteria in paragraphs (i)(4)(i) and (i)(4)(ii) of this section.
(i) General qualification periods (GQP). (A) To qualify for one or
more of the area endorsements in paragraphs (i)(4)(ii)(A) and
(i)(4)(ii)(B) of this section, a vessel must have made at least one
legal landing of any amount of license limitation groundfish species
harvested in the Bering Sea and Aleutian Islands management area or in
State waters shoreward of that management area from:
(1) January 1, 1988, through June 27, 1992;
(2) January 1, 1988, through December 31, 1994, provided that the
landing was of license limitation groundfish harvested using pot or jig
gear from a vessel that was less than 60 ft (18.3 m) LOA; or
(3) January 1, 1988, through June 17, 1995, provided that the
vessel qualified for a crab fisheries endorsement under the Moratorium
on Entry.
(B) To qualify for one or more of the area endorsements in
paragraphs (i)(4)(ii)(C) through (i)(4)(ii)(E) of this section, a
vessel must have made at least one legal landing of any amount of
license limitation groundfish species harvested in the Gulf of Alaska
or in State waters shoreward of the Gulf of Alaska from:
(1) January 1, 1988, through June 27, 1992;
(2) January 1, 1988, through December 31, 1994, provided that the
landing was of license limitation groundfish harvested using pot or jig
gear from a vessel that was less than 60 ft (18.3 m) LOA; or
(3) January 1, 1988, through June 17, 1995, provided that the
vessel qualified for a crab fisheries endorsement under the Moratorium
on Entry.
(ii) Endorsement qualification periods (EQP). A groundfish license
will be assigned one or more area endorsements based on the criteria in
paragraphs (i)(4)(ii)(A) through (i)(4)(ii)(E) of this section.
(A) Aleutian Islands area endorsement. A vessel of any length
(vessel categories ``A'' through ``C'') must have made at least one
legal landing of any amount of license limitation groundfish harvested
from January 1, 1992, through June 17, 1995, in the Aleutian Islands
Subarea or in State waters shoreward of that subarea for an Aleutian
Islands area endorsement.
(B) Bering Sea area endorsement. A vessel of any length (vessel
categories ``A'' through ``C'') must have made at least one legal
landing of any amount of license limitation groundfish harvested from
January 1, 1992, through June 17, 1995, in the Bering Sea Subarea or in
State waters shoreward of that subarea for a Bering Sea area
endorsement.
(C) Central Gulf area endorsement. (1) A vessel assigned to vessel
category ``A'' must have made at least one legal landing of any amount
of license limitation groundfish harvested in each of any 2 calendar
years from January 1,
[[Page 43887]]
1992, through June 17, 1995, in the Central Area of the Gulf of Alaska
or in State waters shoreward of that area, or in the West Yakutat
District or in state waters shoreward of that district, for a Central
Gulf area endorsement.
(2) A vessel assigned to vessel category ``B'' must have made at
least one legal landing of any amount of license limitation groundfish
harvested in each of any 2 calendar years from January 1, 1992, through
June 17, 1995, or at least four legal landings of license limitation
groundfish harvested from January 1, 1995, through June 17, 1995, in
the Central Area of the Gulf of Alaska or in State waters shoreward of
that area, or in the West Yakutat District or in State waters shoreward
of that district, for a Central Gulf area endorsement.
(3) A vessel assigned to vessel category ``C'' must have made at
least one legal landing of any amount of license limitation groundfish
harvested from January 1, 1992, through June 17, 1995, in the Central
Area of the Gulf of Alaska or in State waters shoreward of that area,
or in the West Yakutat District or in state waters shoreward of that
district, for a Central Gulf area endorsement.
(D) Southeast Outside area endorsement. (1) A vessel assigned to
vessel category ``A'' must have made at least one legal landing of any
amount of license limitation groundfish harvested in each of any 2
calendar years from January 1, 1992, through June 17, 1995, in the
Southeast Outside District or in State waters shoreward of that
district for a Southeast Outside area endorsement.
(2) A vessel assigned to vessel category ``B'' must have made at
least one legal landing of any amount of license limitation groundfish
harvested in each of any 2 calendar years from January 1, 1992, through
June 17, 1995, in the Southeast Outside District or in State waters
shoreward of that district, or at least four legal landings of license
limitation groundfish harvested from January 1, 1995, through June 17,
1995, in the Southeast Outside District or in State waters shoreward of
that district for a Southeast Outside area endorsement.
(3) A vessel assigned to vessel category ``C'' must have made at
least one legal landing of any amount of license limitation groundfish
harvested from January 1, 1992, through June 17, 1995, in the Southeast
Outside District or in State waters shoreward of that district for a
Southeast Outside area endorsement.
(E) Western Gulf area endorsement. (1) A vessel assigned to vessel
category ``A'' must have made at least one legal landing of any amount
of license limitation groundfish harvested in each of any 2 calendar
years from January 1, 1992, through June 17, 1995, in the Western Area
of the Gulf of Alaska or in State waters shoreward of that area for a
Western Gulf area endorsement.
(2) A vessel assigned to vessel category ``B'' and the vessel
designation of catcher vessel must have made at least one legal landing
of any amount of license limitation groundfish harvested from January
1, 1992, through June 17, 1995, in the Western Area of the Gulf of
Alaska or in State waters shoreward of that area for a Western Gulf
area endorsement.
(3) A vessel assigned to vessel category ``B'' and the vessel
designation of catcher/processor vessel must have made at least one
legal landing of any amount of license limitation groundfish harvested
in each of any 2 calendar years from January 1, 1992, through June 17,
1995, in the Western Area of the Gulf of Alaska or in State waters
shoreward of that area, or at least four legal landings of any amount
of license limitation groundfish harvested from January 1, 1995,
through June 17, 1995, in the Western Area of the Gulf of Alaska or in
State waters shoreward of that area for a Western Gulf area
endorsement.
(4) A vessel assigned to vessel category ``C'' must have made at
least one legal landing of any amount of license limitation groundfish
harvested from January 1, 1992, through June 17, 1995, in the Western
Area of the Gulf of Alaska or in State waters shoreward of that area
for a Western Gulf area endorsement.
(iii) An eligible applicant that is issued a groundfish license
based on a vessel's qualifications under paragraph (i)(4)(i)(A)(2) or
(i)(4)(i)(B)(2) of this section must choose only one area endorsement
for that groundfish license even if the vessel qualifies for more than
one area endorsement.
(iv) Notwithstanding the provisions in paragraph (i)(4) of this
section, an eligible applicant whose vessel made a legal landing of any
amount of license limitation groundfish harvested in the Bering Sea and
Aleutian Islands management area or in State waters shoreward of that
management area during the GQP defined in paragraph (i)(4)(i)(A) of
this section, and made legal landings of any amount of license
limitation groundfish harvested in one of the areas of the Gulf of
Alaska or in State waters shoreward of one of the areas of the Gulf of
Alaska during the EQP defined in paragraphs (i)(4)(ii) (C), (D), and
(E) of this section, but did not make legal landings of any amount of
license limitation groundfish harvested in the Gulf of Alaska or in
State waters shoreward of the Gulf of Alaska during the GQP defined in
paragraph (i)(4)(i)(B) of this section, and did not make legal landings
of any amount of license limitation groundfish harvested in one of the
areas of the Bering Sea and Aleutian Islands management area or in
State waters shoreward of one of the areas of that management area
during the EQP defined in paragraphs (i)(4)(ii) (A) and (B) of this
section, will be issued a license with area endorsements based on the
legal landings of license limitation groundfish harvested during the
EQP and meeting the requirements in paragraphs (i)(4)(ii) (C), (D), and
(E) of this section.
(v) Notwithstanding the provisions in paragraph (i)(4) of this
section, an eligible applicant whose vessel made a legal landing of any
amount of license limitation groundfish harvested in the Gulf of Alaska
or in State waters shoreward of the Gulf of Alaska during the GQP
defined in paragraph (i)(4)(i)(B) of this section, and made legal
landings of any amount of license limitation groundfish harvested in
one of the areas of the Bering Sea and Aleutian Islands management area
or in State waters shoreward of one of the areas of that management
area during the EQP defined in paragraphs (i)(4)(ii) (A) and (B) of
this section, but did not make legal landings of any amount of license
limitation groundfish harvested in the Bering Sea and Aleutian Islands
management area or in State waters shoreward of that management area
during the GQP defined in paragraph (i)(4)(i)(A) of this section, and
did not make legal landings of license limitation groundfish harvested
in one of the areas of the Gulf of Alaska or in State waters shoreward
of one of the areas of the Gulf of Alaska during the EQP defined in
paragraph (i)(4)(ii) (C), (D), and (E) of this section, will be issued
a license with area endorsements based on the legal landings of license
limitation groundfish harvested during the EQP and meeting the
requirements in paragraphs (i)(4)(ii) (A) and (B) of this section.
(5) Qualifications for a crab species license. A crab species
license will be issued to an eligible applicant who owned a vessel that
meets the criteria in paragraphs (i)(5) (i) and (ii) of this section,
except that vessels are exempt from the requirements in paragraph
(i)(5)(i) of this section for the area/species endorsements in
paragraph (i)(5)(ii) (A) and (H) of this section.
(i) General qualification period (GQP). To qualify for one or more
of the area/
[[Page 43888]]
species endorsements in paragraph (i)(5)(ii) of this section, a vessel
must have:
(A) Made at least one legal landing of any amount of crab species
harvested from January 1, 1988, through June 27, 1992; or
(B) Made at least one legal landing of any amount of crab species
harvested from January 1, 1988, through December 31, 1994, providing
that the vessel qualified for a groundfish fisheries endorsement under
the Moratorium on Entry.
(ii) Area/Species Endorsements. A crab species license will be
assigned one or more area/species endorsements specified at Sec. 679.2
based on the criteria in paragraphs (i)(5)(ii) (A) through (H) of this
section.
(A) Pribilof red king and Pribilof blue king. A vessel must have
made at least one legal landing of any amount of red king or blue king
crab harvested in the area described in the definition for the Pribilof
red king and Pribilof blue king area/species endorsement in Sec. 679.2
from January 1, 1993, through December 31, 1994, to qualify for a
Pribilof red king and Pribilof blue king area/species endorsement.
(B) BS/AI C. opilio and C. bairdi. A vessel must have made at least
three legal landings of any amount of C. opilio or C. bairdi crab
harvested in the area described in the definition for the BS/AI C.
opilio or C. bairdi area/species endorsement in Sec. 679.2 from January
1, 1992, through December 31, 1994, to qualify for a C. opilio and C.
bairdi area/species endorsement.
(C) St. Matthew blue king. A vessel must have made at least one
legal landing of any amount of blue king crab harvested in the area
described in the definition for the St. Matthews blue king area/species
endorsement in Sec. 679.2 from January 1, 1992, through December 31,
1994, to qualify for a St. Matthew blue king area/species endorsement.
(D) Adak brown king. A vessel must have made at least three legal
landings of any amount of brown king crab harvested in the area
described in the definition for the Adak brown king area/species
endorsement in Sec. 679.2 from January 1, 1992, through December 31,
1994, to qualify for a Adak brown king area/species endorsement.
(E) Adak red king. A vessel must have made at least one legal
landing of any amount of red king crab harvested in the area described
in the definition for the Adak red king area/species endorsement in
Sec. 679.2 from January 1, 1992, through December 31, 1994, to qualify
for a Adak red king area/species endorsement.
(F) Bristol Bay red king. A vessel must have made at least one
legal landing of any amount of red king crab harvested in the area
described in the definition for the Bristol Bay red king area/species
endorsement in Sec. 679.2 from January 1, 1991, through December 31,
1994, to qualify for a Bristol Bay red king area/species endorsement.
(G) Dutch Harbor brown king. A vessel must have made at least three
legal landings of any amount of brown king crab harvested in the area
described in the definition for the Dutch Harbor brown king area/
species endorsement in Sec. 679.2 from January 1, 1992, through
December 31, 1994, to qualify for a Dutch Harbor brown king area/
species endorsement.
(H) Norton Sound red king and Norton Sound blue king. A vessel must
have made at least one legal landing of any amount of red king or blue
king crab harvested in the area described in the definition for the
Norton Sound red king and Norton Sound blue king area/species
endorsement in Sec. 679.2 from January 1, 1993, through December 31,
1994, to qualify for a Norton Sound red king and Norton Sound blue king
area/species endorsement.
(6) Application for a groundfish license or a crab species license.
(i) An eligible applicant must meet all the criteria for eligibility in
paragraph (i) of this section and submit a complete application to the
Regional Administrator to receive a groundfish license or a crab
species license.
(ii) A successor-in-interest may apply in the place of an eligible
applicant if the eligible applicant is unable to apply for a license
because:
(A) Of death or disability at the time of application, if the
eligible applicant is an individual; or
(B) The entity is no longer in existence at the time of
application, if the eligible applicant is not an individual.
(iii) An application for a groundfish license or a crab species
license may be requested from and submitted to the Restricted Access
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802-1668. An application may be requested also by telephone by
calling 907-586-7202 or 800-304-4846 or by facsimile by calling 907-
586-7354. To be complete, an application for a groundfish license or a
crab species license must be signed by the eligible applicant, or the
person who represents the eligible applicant, and include:
(A) The name of the vessel, state registration number of the
vessels and, the U.S. Coast Guard documentation number of the vessel,
if any.
(B) The name, business address, and telephone and fax number of the
owner of the vessel as of June 17, 1995, including all owners if more
than one.
(C) The name of the managing company.
(D) Valid documentation of the legal landings that qualify the
vessel for a groundfish license or a crab species license if requested
by the Regional Administrator due to an absence of landing records for
the vessel during the qualifying periods.
(E) Valid documentation of the vessel's LOA on June 17, 1995. For
purposes of determining LOA for the License Limitation Program, an
eligible applicant must provide evidence showing:
(1) The vessel's length on June 24, 1992, or the vessel's length on
the date reconstruction was completed if the vessel was being
reconstructed on June 24, 1992;
(2) The vessel's length on June 17, 1995; and
(3) The date the vessel was lengthened and the vessel's length
before and after that date, if the vessel was lengthened after June 24,
1992.
(F) Valid documentation to support the vessel's designation of
catcher vessel or catcher/processor vessel based on the criteria in
Sec. 679.4(i)(3)(i).
(7) Transfers--(i) General. A license holder may request NMFS, on a
transfer request form provided by NMFS, to transfer the license to a
transferee designated by the license holder on the transfer request
form. The designated transferee may not conduct directed fishing for
license limitation groundfish or crab species until NMFS reissues the
license in the name of the designated transferee.
(ii) Reissuance procedures. A license holder who wishes to transfer
the license to another person must request NMFS to reissue the license
to that person by submitting a complete transfer request form to NMFS
to the address specified in paragraph (i)(6)(ii) of this section. Forms
are available from that address.
(A) To be complete, a transfer request form must be signed and
dated by the license holder and include:
(1) The name of the license holder (the names of all persons
holding the license must be included if more than one person holds the
license);
(2) The name of the person who is the designated transferee and to
whom the license is to be reissued (the names of all persons who are
the designated transferee must be included if more than one person is
the designated transferee);
(3) Valid documentation that the designated transferee(s) is or are
able to
[[Page 43889]]
document a fishing vessel under Chapter 121, Title 46, U.S.C.
(B) The Regional Administrator shall reissue the license to the
designated transferee if:
(1) A complete transfer request has been submitted by the
transferor.
(2) The designated transferee is a person able to document a
fishing vessel under Chapter 121, Title 46, U.S.C..
(3) There are no fines, civil penalties, other payments due and
outstanding, or outstanding permit sanctions resulting from Federal
fishing violations involving any party to the transfer.
(4) The transfer will not cause the designated transferee to exceed
the license caps in Sec. 679.7(i).
(iii) Severability of licenses. (A) Area endorsements or area/
species endorsements specified on a license are not severable from the
license and must be transferred together.
(B) A groundfish license and a crab species license issued based on
the legal landings of the same vessel and initially issued to the same
qualified person are not severable and must be transferred together.
(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 has been subsequently lost or
destroyed, will be issued the license for which the lost or destroyed
vessel qualified. This license:
(A) Will have the vessel designation and vessel length category 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 legal landing 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 (i)(4) of this
section for a groundfish license or paragraph (i)(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:
(A) That 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) That 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) That the circumstance that prevented the owner from conducting
directed fishing for license limitation groundfish or crab species
actually occurred.
(D) That, 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) That 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 the harvested license limitation groundfish or crab
species was legally landed 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.
5. In Sec. 679.5, new paragraphs (m) and (n) are added to read as
follows:
Sec. 679.5 Recordkeeping and reporting.
* * * * *
(m) CDQ check-in/check-out report. The CDQ representative must
submit a check-in/check-out report for each vessel harvesting
groundfish and halibut CDQ under Subpart C of this part.
(1) Check-in. The CDQ representative must submit a check-in message
by fax to NMFS before the operator of a catcher vessel or catcher/
processor begins harvesting groundfish or halibut CDQ. The check-in
message must be submitted before the first trip of the year and if CDQ
fishing begins again after a check-out message has been sent for the
vessel.
(2) Check-out. The CDQ representative must submit a check-out
message by fax to NMFS after the delivery of CDQ catch by a catcher
vessel unless that vessel will be CDQ fishing on its next trip and
after the retrieval of a CDQ haul or set by a catcher/processor unless
that vessel will be CDQ fishing on its next haul or set. The check-out
message must be received by NMFS before the vessel deploys gear in a
non-CDQ fishery.
(3) Information required. The CDQ representative must include the
following in each CDQ check-in/check-out report.
(i) The CDQ number.
(ii) The vessel name.
(iii) The Federal fisheries or processor number or ADF&G number if
the vessel is not required to have a Federal fisheries permit.
(iv) Check-in message--(A) Catcher vessel. The date the CDQ trip
will start.
(B) Catcher/processor. The date CDQ fishing will start and the
first haul or set number for the CDQ catch.
(v) Check-out message--(A) Catcher vessel. The date CDQ catch was
delivered and name of processor that received delivery.
(B) Catcher/processor. The date CDQ fishing ended and the last haul
or set number for the CDQ catch.
(vi) The CDQ representative's printed name and signature, and the
date of signature.
(n) CDQ catch report--(1) Applicability. The CDQ representative
must submit a catch report summarizing the CDQ and PSQ catch for each
vessel each week that CDQ fishing occurs.
(2) Time limits and submittal. The CDQ representative must submit a
CDQ catch report to NMFS no later than 1200 hours, A.l.t., on the
Tuesday following the end of the applicable weekly reporting period.
[[Page 43890]]
(3) Information required. The CDQ representative must include the
following in each CDQ catch report.
(i) Whether the submission is an original or revised report.
(ii) The CDQ number.
(iii) The week ending date.
(iv) CDQ and PSQ catch information. The CDQ representative must
report the following CDQ and PSQ catch information for each catcher/
processor harvesting and each catcher vessel delivering CDQ or PSQ
during the weekly reporting period.
(A) The Federal fisheries or processor number or ADF&G number if
the vessel is not required to have a Federal fisheries permit.
(B) The vessel name.
(C) The gear type used to harvest CDQ.
(D) The total weight to the nearest 0.01 mt or the total number of
catch of all species in each category of CDQ or PSQ. The catch of
nonallocated species from any vessel; the catch of crab, herring, or
salmon PSQ from non-trawl vessels; or the catch of halibut PSQ from
vessels using pot gear should not be reported on the CDQ catch report.
(v) The CDQ representative's printed name, signature, and date of
signature.
6. In Sec. 679.7, paragraph (d) is revised and paragraph (j) is
added to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(d) CDQ. (1) Participate in a Western Alaska CDQ program in
violation of subpart C 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 a halibut CDQ fishery only.
(4) Harvest groundfish or halibut CDQ or PSQ on behalf of a CDQ
group if the vessel is not listed as an eligible vessel on an approved
CDP, before the CDQ representative has submitted a check-in report for
the vessel, or after the CDQ representative has submitted a check-out
report for the vessel.
(5) For a catcher/processor or shoreside processor, catch or take
delivery of CDQ without a valid CDQ permit.
(6) For a CDQ group, exceed a CDQ or halibut PSQ.
(7) 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.
(8) 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.
(9) Use trawl gear to harvest groundfish CDQ in Herring Savings
Areas (HSA) after the CDQ group's herring PSQ is attained.
(10) Use trawl gear to harvest groundfish CDQ in the Chinook Salmon
Savings Area between January 1 and April 15 after the CDQ group's
chinook salmon PSQ is attained.
(11) Use trawl gear to harvest groundfish CDQ in the Chum Salmon
Savings Area between September 1 and October 14 after the CDQ group's
non-chinook salmon PSQ is attained.
(12) For a vessel operator, harvest CDQ fixed gear sablefish or
halibut with other than fixed gear.
(13) For a catcher vessel using trawl gear, discard any groundfish
CDQ species or salmon or herring PSQ before it is delivered to an
eligible processor under a CDP.
(14) For a vessel using trawl gear, release CDQ catch from the
codend before it is brought onboard the vessel and weighed on a
certified scale. This includes, but is not limited to, ``codend
dumping'' and ``codend bleeding.''
(15) For a catcher vessel, catch, retain on board, or deliver CDQ
groundfish or halibut together with non-CDQ groundfish or halibut,
except that IFQ sablefish and halibut may be caught, retained, or
delivered together with CDQ groundfish and halibut by vessels using
fixed gear.
(16) For a catcher/processor or an observed catcher vessel, combine
catch from more than one CDQ group or from CDQ and IFQ in the same haul
or set.
(17) Use any CDQ groundfish as a basis species for calculating
retainable bycatch amounts under Sec. 679.20.
(18) For a CDQ representative, use methods other than those
approved in the CDP to report CDQ and PSQ on the CDQ catch report.
(19) Fail to comply with the requirements of a CDP.
* * * * *
(j) License Limitation Program--(1) Number of licenses. (i) Hold
more than ten 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
(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 (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 (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 (ii) of this section;
(2) Use gear other than fixed gear east of 140 deg. W. long.,
regardless of the gear used to qualify for the license;
(3) Conduct directed fishing for license limitation groundfish
without a groundfish license, except as provided in Sec. 679.4(i)(2);
(4) Conduct directed fishing for crab species without a crab
species license, except as provided in Sec. 679.4(i)(2);
(5) Process license limitation groundfish on board a vessel without
a groundfish license with a Catcher/processor designation;
(6) Process crab species on board a vessel without a crab species
license with a Catcher/processor designation;
(7) Use a license on a vessel that has an LOA that exceeds the MLOA
of the vessel that was used to originally qualify for that license;
(8) Lease a groundfish or crab species license.
7. In Sec. 679.20, paragraphs (c)(1)(iii), (c)(2)(ii), and
(c)(3)(iii) are revised, and paragraph (e)(3) is added to read as
follows:
Sec. 679.20 General limitations.
* * * * *
(c) Annual Specifications--(1) Proposed specifications--* * *
(iii) BSAI. The BSAI proposed specifications will specify the
annual TAC and initial TAC amounts for each target species and the
``other species'' category and apportionments thereof established under
Sec. 679.20(a)(2), prohibited species catch allowances established
under Sec. 679.21, seasonal allowances of pollock TAC (including
pollock CDQ), and reserve amounts established under Sec. 679.31 (b),
(d), (e), and (g) for pollock CDQ, sablefish CDQ, groundfish CDQ, and
PSQ.
(2) Interim specifications. * * *
(ii) BSAI. Except for pollock and the hook and line and pot gear
allocation of sablefish, one quarter of each proposed initial TAC and
apportionment thereof, one quarter of each CDQ reserve established
under Sec. 679.31 (b), (d), (e), and (g), and one quarter of the
proposed prohibited species catch allowance established under
Sec. 679.21.
[[Page 43891]]
(A) The interim specifications for pollock will be equal to the
first seasonal allowance under paragraph (a)(5)(i)(A) of this section
that is published in the proposed specifications under paragraph (c)(1)
of this section.
(B) The interim specifications for CDQ pollock will be equal to the
first seasonal allowance that is published in the proposed
specifications under paragraph (c)(1) of this section.
(3) Final specifications. * * *
(iii) The final specifications will specify the annual TAC for each
target species and the ``other species'' category and apportionments
thereof, prohibited species catch allowances, seasonal allowances of
the pollock TAC (including pollock CDQ), and the reserve amounts
established under Sec. 679.31 (b), (d), (e) and (g) for pollock CDQ,
sablefish CDQ, groundfish CDQ, and PSQ, respectively.
* * * * *
(e) * * *
(3) CDQ. Retained CDQ species may not be used as a basis species to
calculate maximum retainable bycatch amounts.
* * * * *
8. In Sec. 679.21, paragraphs (b)(2)(ii), (b)(3), (e)(1) (v) and
(vi) are revised, and paragraphs (e)(3)(iv)(G) and (e)(4)(ii)(F) are
added to read as follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(b) * * *
(2) * * *
(ii) Sort its catch immediately after retrieval of the gear and,
except as provided below, return all prohibited species or parts
thereof to the sea immediately, with a minimum of injury, regardless of
its condition, after allowing for sampling by an observer if an
observer is aboard. The following exceptions are made.
(A) Salmon prohibited species catch in the BSAI non-CDQ groundfish
fisheries under paragraph (c) of this section and Sec. 679.26.
(B) Catcher vessels using trawl gear in the CDQ fisheries under
subpart C of this part must retain all salmon and herring prohibited
species catch and deliver it to a processor with a valid CDQ permit.
(3) Rebuttable presumption. Except as provided under paragraph (c)
of this section, Sec. 679.26, or for salmon and herring retained by
catcher vessels using trawl gear in the CDQ fisheries, there will be a
rebuttable presumption that any prohibited species retained on board a
fishing vessel regulated under this part was caught and retained in
violation of this section.
* * * * *
(e) * * *
(1) * * *
(v) Chinook salmon. The PSC limit of chinook salmon caught while
conducting any non-CDQ trawl fishery for groundfish in the BSAI between
January 1 and April 15 is 44,400 fish. A chinook salmon prohibited
species catch reserve of 3,600 fish is established for the CDQ
fisheries under Sec. 679.31.
(vi) Non-chinook salmon. The PSC limit of non-chinook salmon caught
while conducting any non-CDQ trawl fishery for groundfish in the CVOA
between August 15 and October 14 is 38,850 fish. A non-chinook salmon
prohibited species catch reserve of 3,150 fish is established for the
CDQ fisheries under Sec. 679.31.
(3) * * *
(iv) * * *
(G) CDQ fisheries. 7.5 percent of the PSC limits are apportioned to
the CDQ fisheries under Sec. 679.31.
(4) * * *
(ii) * * *
(F) CDQ fisheries. 7.5 percent of the non trawl halibut PSC limit
is apportioned to the CDQ fisheries under Sec. 679.31.
9. In Sec. 679.23, paragraph (e)(3) is amended by revising the
headings of paragraphs (e)(3) (i) and (ii) and by adding paragraph
(e)(3)(iii) to read as follows:
Sec. 679.23 Seasons.
* * * * *
(e) * * * * *
(3) * * *
(i) Halibut CDQ. * * *
(ii) Sablefish CDQ. * * *
(iii) Groundfish CDQ. Directed fishing for groundfish species,
other than fixed gear sablefish under the Western Alaska CDQ program,
pursuant to subpart C of this part is authorized from 0001 hours,
A.l.t., January 1, through the end of the fishing year, except as
provided in paragraph (c) of this section.
* * * * *
10. In subpart B, Sec. 679.28 proposed to be amended at 62 FR
32564, is further proposed to be amended by revising paragraph (a) and
adding new paragraphs (c) through (f) as follows:
Sec. 679.28 Equipment and Operational Requirements for Catch Weight
Measurement.
(a) Applicability. This section contains the requirements for
scales certified by NMFS to weigh catch at sea, scales certified by the
State of Alaska, observer sampling stations, and certified bins for
volumetric estimates of catch weight. Requirements for specific vessels
or processors to use this equipment are made elsewhere in this part.
* * * * *
(c) Scales certified by the State of Alaska. Scales used to weigh
groundfish catch that also are required to be certified by the State of
Alaska under Alaska Statutes 45.75 must meet the following
requirements.
(1) Certification. The scale must display a valid State of Alaska
certification sticker indicating that the scale was certified within 12
months of the date of inspection.
(2) The scale and scale display must be visible simultaneously to
the observer. Observers, NMFS personnel, or an authorized officer must
be allowed to observe the weighing of fish on the scale and be able to
read the scale display at all times.
(3) Printed scale weights. Printouts of the scale weight of each
haul, set, or delivery must be made available to observers, NMFS
personnel, or an authorized officer at the time they are printed and
anytime thereafter for the duration of the fishing year. Printouts must
be retained by the operator or manager as specified in
Sec. 679.5(a)(15).
(d) Observer Sampling Station--(1) Accessibility. All of the
equipment required for an observer sampling station must be [made]
available to the observer at all times while a sampling station is
required and the observer is on board the vessel.
(2) Location--(i) Motherships or catcher/processors and catcher
vessels using trawl gear. The observer sampling station must be located
within 4 m of the location from which the observer samples unsorted
catch.
(ii) Longline or pot catcher vessels or catcher/processors. The
observer sampling station must be located within 3 m of the location
where fish are brought on board the vessel.
(3) Minimum work space. The observer must have a working area at
least 1.8 m wide by 2.5 m long including the observer's sampling table,
for sampling and storage of fish to be sampled. The observer must be
able to stand upright in the area in front of the table and scale.
(4) Table. The observer's sampling table must be at least 0.6 m
deep, 1.2 m wide and 0.9 m high and must not be 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 motion-compensated platform 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 43892]]
(5) Motion-compensated platform scale--(i) Specifications. The
electronic motion-compensated platform scale must have a capacity of at
least 50 kg. The scale must be mounted within 1 m of the observer's
sampling table.
(ii) Test weights. At least two 5-kg, two 10-kg, and one 20-kg test
weights must be on board the vessel at all times when an observer
sampling station is required. Each test weight must have an identifying
number or character code stamped or otherwise permanently affixed to
it. The identification number and weight of each test standard to the
nearest 0.1 kg must be verified in writing annually by the scale
manufacturer or a scale inspector authorized by the Regional
Administrator. This written verification must be signed and dated and
be on board the vessel at all times.
(iii) Maximum permissible error at sea. The motion-compensated
platform scale must weigh the test weights to within the maximum
permissible error specified in Appendix A, section 4, Table 1 when
tested at sea by an observer.
(6) Other requirements. The sampling station must include floor
grating, adequate lighting, and a hose that supplies fresh or sea water
to the observer.
(7) Requirements for sampling catch. On motherships and catcher/
processors using trawl gear, the conveyor belt conveying unsorted catch
must have a removable board to allow fish to be diverted from the belt
directly into the observer's sampling baskets. The diverter board must
be located after the certified scale used to weigh total catch so that
the observer can use this scale to weigh large samples.
(e) Certified bins for volumetric estimates of catch weight--(1)
Certification. The information required in this paragraph must be
prepared, dated, and signed by a licensed engineer with no financial
interest in fishing, fish processing, or fish tender 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 must be 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 [insert date 30 days after date
of publication of the final rule in the Federal Register], 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,
except the wall in which the viewing port is placed, can be seen from
the outside of the bin.
(3) Information required. For bin certification documents submitted
after [insert date 30 days after date of publication of the final rule
in the Federal Register], 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.
(vi) The person's name and signature and date the completed bin
certification documents were signed.
(4) Recertification. The bin's volume and 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
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, no water is in the tanks
before fish are added, and no water is added to the tanks before the
observer records the level of fish in the tank. 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 or addition of fish from 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.
11. Section 679.30 is revised to read as follows:
Sec. 679.30 General CDQ regulations.
(a) Application procedure. The CDQ program is a voluntary program.
Allocations of CDQ and PSQ are made to CDQ groups and not to vessels or
processors fishing under contract with any CDQ group. Any vessel
harvesting or processing CDQ or PSQ under a CDP 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
CDQ group must re-apply for further allocations on a competitive basis
with other CDQ groups. The CDQ allocations provide the means for CDQ
groups to complete their CDQ projects. A CDQ group may apply for CDQ
and PSQ allocations by submitting a proposed CDP to the State during
the CDQ application period which will be announced by the State. A
proposed CDP must be submitted by a qualified applicant and must
include:
(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 CDQ group
from the proposed CDQ projects. CDQ projects should not be designed
with the expectation of CDQ allocations beyond those requested in the
proposed CDP.
[[Page 43893]]
(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 of
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 CDQ group and the managing organization
participating 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, such as resumes and references, including
the name, address, fax number, and telephone number of the 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 CDQ group and the managing organization (if the managing
organization is different from the CDQ group) 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 CDQ group. If a qualified
applicant represents more than one community, the board of directors of
the qualified applicant must include at least one member elected in an
at-large election by his or her community, for each community in the
CDQ group. For the purposes of this paragraph, election-at-large means
that all registered voters in the community are eligible to vote.
(3) Business information. A proposed CDP must include the following
business information:
(i) Business relationships. A description of all business
relationships between the CDQ group and all individuals who have a
financial interest in a CDQ project or subsidiary venture, including
but not limited to, any arrangements for management and audit control
and any joint venture arrangements, loans, or other partnership
arrangements, including the distribution of proceeds among the parties.
(ii) Profit sharing. A description of all profit sharing
arrangements.
(iii) Funding. A description of all funding and financing plans.
(iv) General budget for implementing the CDP. A general account of
estimated income and expenditures for each CDQ project for the total
number of calendar years that the CDP is in effect.
(v) Financial statement for the CDQ group. 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 CDQ
group's entire organizational structure including all divisions,
subsidiaries, joint ventures, and partnerships. This chart must include
the type of legal entity, state of registration, and percentage of
ownership.
(4) Request for CDQ and PSQ allocations. A list of the percentage
of each CDQ reserve and PSQ reserve, as defined at Sec. 679.31 (b)-(g),
that is being requested. The request for allocations of CDQ and PSQ
must identify percentage allocations requested for target species and
bycatch species for each target fishery. Target fishery designations
must include the primary target species of the fishery and gear type of
the vessel that will be used to harvest the catch.
(5) Fishing plan for groundfish and halibut CDQ fisheries. The
following information must be provided for all vessels and processors
that will be harvesting groundfish and halibut CDQ.
(i) List of eligible vessels and processors--(A) Vessels. A list of
the name, Federal fisheries permit number (if applicable), ADF&G vessel
number, LOA, gear type, and vessel type (catcher vessel, catcher/
processor, or mothership) for each vessel that will be used to catch or
process CDQ and PSQ. Any CDQ vessel that is exempt from the License
Limitation Program under Sec. 679.4(i)(2)(iv) must be identified as
such.
(B) Shoreside processors or buying stations. A list of the name,
Federal processor permit number, and location of each shoreside
processor or buying station that is required to have a Federal
processor permit under Sec. 679.4(f) and will take deliveries of, or
process, CDQ catch.
(C) Buyers of halibut CDQ. A list of processors of halibut CDQ that
are not required to have a Federal Processor Permit under
Sec. 679.4(f), including the name of the buyer or processor, mailing
address, telephone number, and location where halibut CDQ will be
landed.
(ii) Sources of data or methods for estimating CDQ and PSQ catch.
The sources of data or methods that will be used to estimate catch
weight of CDQ and PSQ for each vessel or processor proposed as eligible
under the CDP. For each vessel or processor, the CDP must specify
whether the NMFS' standard sources of data set forth at
Sec. 679.32(e)(3) or some other alternative will be used. For catcher
vessels using nontrawl gear, the CDP also must specify whether the
vessel will be retaining all groundfish CDQ or will be discarding some
CDQ catch at sea. The CDQ group may propose the use of an alternative
method such as the sorting and weighing all catch by species on
processor vessels or using larger sample sizes than would be required
under Sec. 679.32(e)(3). Alternatives to the requirement for a
certified scale or an observer sampling station may not be proposed.
NMFS will review the proposal for the requirements specified in
paragraphs (a)(5)(ii) (A) through (D) of this section:
(A) The alternative proposed will provide equivalent or better
estimates than use of the NMFS standard data source.
(B) Each haul, set, or pot on an observed vessel can be sampled by
an observer for species composition.
(C) Any proposal to sort catch before it is weighed assures that
the sorting and weighing process will be monitored by an observer.
(D) The CDQ observer is required to be on duty no more than 12
hours in each 24-hour period and is required to sample no more than 9
hours in each 24-hour period.
(E) The CDQ observer on a vessel using trawl gear is required to
sample no more than 3 hauls in each 24-hour period. NMFS will review
the proposal and approve it or notify the CDQ group in writing if the
proposed alternative does not meet these requirements. The CDQ group
may remove the vessel or processor for which the alternative method is
proposed from the proposed CDP to facilitate approval of the CDP and
add the vessel or processor to the CDP by amendment at a later date.
(iii) Amendments to the list of eligible vessels and processors.
The list of eligible vessels and processors may be
[[Page 43894]]
amended by submitting the information required in paragraphs (a)(5) (i)
and (ii) of this section as a technical amendment to the CDP.
(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 for each CDQ project.
(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
comment on the proposed CDPs from all interested persons. The hearing
must cover the substance and content of proposed CDPs so that the
general public, and 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. The State must make available for public review, at the
time of public notification of the hearing, 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, 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 7. 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. 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
therefor. The State may submit a revised proposed CDP along with
revised recommendations for approval to NMFS.
(e) Transfer. CDQ groups may request NMFS to transfer CDQ
allocations, CDQ, PSQ allocations, or PSQ from one to another by each
group filing an appropriate amendment to its CDP. If NMFS approves both
amendments, NMFS will make the requested transfer(s) by decreasing the
account balance of the CDQ group from which the CDQ or PSQ species is
transferred by the amount transferred, and by increasing the account
balance of the CDQ group receiving the transferred CDQ or PSQ species
by the amount transferred.
(1) CDQ allocation. CDQ groups may request that NMFS transfer any
or all of one group's CDQ allocation to another by each group filing an
amendment to its CDP through the CDP substantial amendment process set
forth at paragraph (g)(4) of this section. The CDQ allocation will be
transferred as of January 1 of the calendar year following the calendar
year NMFS approves the amendments of both groups and is effective for
the duration of the CDPs.
(2) CDQ. CDQ groups may request that NMFS transfer any or all of
one group's CDQ for a calendar year to another by each group filing an
appropriate amendment to its CDP. If the amount to be transferred is 10
percent or less of a group's CDQ, that group's request may be made
through the CDP technical amendment process set forth at paragraph
(g)(5) of this section. If the amount to be transferred is greater than
10 percent of a group's CDQ, that group's request must be made through
the CDP substantial amendment process set forth at paragraph (g)(4) of
this section. The CDQ will be transferred as of the date NMFS approves
the amendments of both groups and is effective only for the remainder
of the calendar year in which the transfer occurs.
(3) PSQ allocation. CDQ groups may request that NMFS transfer any
or all of one group's PSQ allocation to another CDQ group through the
CDP substantial amendment process set forth at paragraph (g)(4) of this
section. Each group's request must be part of a request for the
transfer of a CDQ allocation and the requested amount of PSQ allocation
must be the amount reasonably required for bycatch needs during the
harvesting of the CDQ. Requests for the transfer of a PSQ allocation
may be submitted to NMFS only from January 1 through January 31. The
PSQ allocation will be transferred as of January 1 of the calendar year
following the calendar year NMFS approves the amendments of both groups
and is effective for the duration of the CDPs.
(4) PSQ. CDQ groups may request that NMFS transfer any or all of
one group's PSQ for a calendar year to another by each group filing an
amendment to its CDP through the CDP substantial amendment process set
forth at paragraph (g)(4) of this section. Each group's request must be
part of a request for the transfer of a PSQ and the requested amount of
PSQ must be the amount reasonably required for bycatch needs during the
harvesting of the CDQ. Requests for the transfer of PSQ may be
submitted to NMFS only from January 1 through January 31. The PSQ will
be transferred as of the date NMFS approves the amendments of both
groups and is effective only for the remainder of the calendar year in
which the transfer occurs.
(f) CDQ group responsibilities. A CDQ group must:
(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 check-in/check-out report and CDQ catch report
described at Sec. 679.5 (m) and (n).
(5) Ensure that no CDQ or halibut PSQ is exceeded.
(6) Ensure that the CDQ group's CDQ harvesting vessels and CDQ
processors will:
(i) Provide observer coverage, equipment, and operational
requirements for CDQ catch monitoring.
(ii) Provide for the communication of observer data from their
vessel to NMFS and the CDQ representative.
(iii) Maintain contact with the CDQ group for which it is
harvesting CDQ and PSQ.
(iv) Cease fishing operations when requested by the CDQ group.
(7) Comply with all requirements of this part.
(g) Monitoring of CDPs--(1) Annual progress report--(i) The State
must submit to NMFS, by October 30 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
[[Page 43895]]
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. If a general budget, as submitted in
accordance with paragraph (a)(3)(iv) of this section, is no longer
accurate due to the reconciliation of an annual budget, then the
general budget must also be revised to reflect the annual budget
reconciliation. The revised general budget must be included with the
annual budget reconciliation report.
(4) Substantial amendments. A CDP is a working business plan and
must be kept up to date.
(i) Substantial amendments to a CDP require written notification by
the CDQ group to the State. The State must forward the amendment to
NMFS with a recommendation as to whether it should be approved.
(ii) NMFS will notify the State in writing of the approval or
disapproval of the amendment within 30 days of receipt of the amendment
and the State's recommendation. Except for substantial amendments for
the transfer of CDQ and PSQ which are effective only for the remainder
of the calendar year in which the transfer occurs (see paragraphs (e)
(2) and (4) of this section), once a substantial amendment is approved
by NMFS, the amendment will be effective for the duration of the CDP.
(iii) If NMFS determines that the CDP, if changed, would no longer
meet the requirements of this subpart, NMFS will notify the State in
writing of the reasons why the amendment cannot be approved.
(iv) For the purposes of this section, substantial amendments are
defined as changes in a CDP, including, but not limited to:
(A) Any change in the applicant communities 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 CDP
applicant and its harvesting or processing partner, or a change in a
CDP project, if such change is deemed by the Governor or NMFS to be a
material change.
(G) Any transfer of a CDQ allocation, PSQ allocation, PSQ, or a
transfer of more than ten percent of a CDQ.
(v) Notification of an 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 a
substantial amendment as defined in 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 NMFS
notifies the State in writing of the technical amendment's receipt.
12. Section 679.31 is revised to read as follows:
Sec. 679.31 CDQ reserves.
(a) Non-specific CDQ reserve. Annually, NMFS will apportion 15
percent of each squid, arrowtooth flounder, and ``other species'' CDQ
for each CDQ group to a non-specific CDQ reserve. A CDQ group's non-
specific CDQ reserve must be for the exclusive use of that CDQ group. A
release from the non-specific CDQ reserve to its squid, arrowtooth
flounder, or ``other species'' is a technical amendment as described in
Sec. 679.30(g)(5). The technical amendment must be approved before
harvests relying on CDQ transferred from the non-specific CDQ reserve
may be conducted.
(b) Pollock CDQ reserve (applicable through December 31, 1998). In
the proposed and final harvest specifications required under
Sec. 679.20(c), one-half of the pollock TAC placed in the reserve for
each subarea or district of the BSAI will be apportioned to a CDQ
reserve for each subarea or district.
(c) Halibut CDQ reserve. (1) NMFS will annually withhold the
proportions of the halibut catch limit that are specified in paragraph
(c)(2) of this section for use as a CDQ reserve.
(2) The proportions of the halibut catch limit annually withheld
for purposes of the CDQ program, exclusive of issued QS, are as follows
for each IPHC regulatory area:
(i) Area 4B. In IPHC regulatory area 4B, 20 percent of the annual
halibut quota shall be made available for the halibut CDQ program to
eligible communities physically located in or proximate to this
regulatory area. For the purposes of this section, ``proximate to'' an
IPHC regulatory area means within 10 nm from the point where the
[[Page 43896]]
boundary of the IPHC regulatory area intersects land.
(ii) Area 4C. In IPHC regulatory area 4C, 50 percent of the halibut
quota shall be made available for the halibut CDQ program to eligible
communities physically located in IPHC regulatory area 4C.
(iii) Area 4D. In IPHC regulatory area 4D, 30 percent of the
halibut quota shall be made available for the halibut CDQ program to
eligible communities located in or proximate to IPHC regulatory areas
4D and 4E.
(iv) Area 4E. In IPHC regulatory area 4E, 100 percent of the
halibut quota shall be made available for the halibut CDQ program to
communities located in or proximate to IPHC regulatory area 4E. A
fishing trip limit of 6,000 lb (2.7 mt) will apply to halibut CDQ
harvesting in IPHC regulatory area 4E.
(d) Sablefish CDQ reserves--(1) Fixed gear sablefish CDQ reserve.
In the proposed and final harvest limit specifications required under
Sec. 679.20(c), NMFS will specify 20 percent of the fixed gear
allocation of sablefish in each subarea or district of the BSAI as a
fixed-gear sablefish CDQ reserve, exclusive of issued QS.
(2) Sablefish CDQ reserve. In the proposed and final harvest limit
specifications required under Sec. 679.20(c), NMFS will specify 7.5
percent of the trawl gear allocation of sablefish in each subarea or
district of the BSAI as a sablefish CDQ reserve.
(e) Groundfish CDQ reserve. In the proposed and final harvest
specifications required under Sec. 679.20(c), one-half of the amount of
each groundfish TAC that is placed in the reserve for each subarea or
district of the BSAI will be apportioned to a separate CDQ reserve for
each subarea or district. The groundfish CDQ reserve does not include
sablefish. If the proposed and final harvest limit specifications
required under Sec. 679.20(c) change the groundfish species comprising
the ``other species'' category, then any CDQ allocations of ``other
species'' category groundfish would change according to the changed
species mix of the ``other species'' category.
(f) Crab CDQ reserve. The following percentages of the king and
Tanner crab in the Bering Sea and Aleutian Islands Area that has a
guideline harvest level specified by the State that is available for
commercial harvest will be apportioned to a crab CDQ reserve:
(1) For calendar year 2000, and thereafter, 7.5 percent.
(2) For calendar year 1999 (applicable through December 31, 1999),
5 percent.
(3) For calendar year 1998 (applicable through December 31, 1998),
3.5 percent.
(g) PSQ reserve. Seven and one-half percent of the PSC limits
specified at Sec. 679.21(e) for red king crab in Zone 1, Tanner crab
(C. bairdi) in Zone 1, Tanner crab in Zone 2, halibut, and Pacific
herring will be apportioned to PSQ reserves. 3,600 chinook salmon and
3,150 non-chinook salmon will be apportioned to PSQ reserves.
13. Section 679.32 is revised to read as follows:
Sec. 679.32 Groundfish and halibut CDQ catch monitoring.
(a) Applicability. (1) The CDQ representative, the operator or
manager of a buying station, the operator of a vessel, and the manager
of a shoreside processor fishing in the groundfish or halibut CDQ
fisheries must comply with the requirements of this section.
(2) Pollock, halibut, and fixed-gear sablefish CDQ fishing in 1998
(applicable through December 31, 1998). Regulations governing the catch
of pollock, halibut, fixed-gear sablefish CDQ in 1998 are at paragraphs
(f) and (g) of this section. Vessels and processors harvesting only
these CDQ species are not required to comply with paragraphs (b)
through (e) of this section in 1998, unless specifically required to do
so in paragraphs (f) and (g). The catch of pollock with any authorized
gear and sablefish with fixed gear in the multispecies CDQ fisheries in
1998 will not accrue to the CDQs for these species.
(b) Prohibited species catch. Time and area closures required once
the CDQ group has reached its salmon, herring, or crab PSQs are listed
in Sec. 679.7(d) (7) through (11). The catch of salmon, crab, or
herring PSQ by vessels using other than trawl gear and the catch of
halibut PSQ by vessels using pot gear does not accrue to the PSQ for
these species.
(c) Gear restrictions. Fixed gear sablefish and halibut CDQ must be
harvested with fixed gear only. Catch of sablefish with fixed gear may
accrue to the fixed gear sablefish CDQ reserve or the sablefish CDQ
reserve. Catch of sablefish with other than fixed gear will accrue to
the sablefish CDQ reserve.
(d) Requirements for vessels and processors. Vessels and processors
participating in the CDQ fisheries must comply with the following
requirements.
(1) Catcher vessels without observers. (i) Catcher vessels less
than 60 ft (18.3 m) LOA must retain all groundfish and halibut CDQ
until it is delivered to a processor with a valid CDQ permit.
(ii) Catcher vessels using trawl gear must discard halibut and crab
PSQ at-sea. The weight of halibut PSQ and numbers of crab PSQ must be
reported on the ADF&G fish ticket within 24 hours of the completion of
the fishing trip.
(iii) Catcher vessels using non-trawl gear must discard all halibut
PSQ at sea and report the weight of halibut discarded on the ADF&G fish
ticket within 24 hours of the completion of the fishing trip.
(2) Catcher vessels with observers. Catcher vessels equal to or
greater than 60 ft (18.3 m) LOA must comply with the following
requirements in addition to complying with the minimum observer
coverage requirements at Sec. 679.50(c)(4).
(i) If using trawl gear must,
(A) Retain all CDQ species, salmon PSQ, and herring PSQ until it is
delivered to a processor with a valid CDQ permit.
(B) Retain all halibut and crab PSQ in a bin or other location
until it is counted and sampled by a CDQ observer.
(C) Provide space on the deck of the vessel for the CDQ observer to
sort and store catch samples and a place from which to hang the
observer sampling scale.
(ii) If using non-trawl gear, either
(A) Retain all CDQ Species. Retain all CDQ species until they are
delivered to a processor with a valid CDQ permit and have all of the
halibut PSQ counted by the CDQ observer and sampled for average weight.
(B) Discard Some CDQ Species At-Sea. May discard some CDQ species
at sea if the following requirements are met.
(1) Sampling station. The vessel owner provides an observer
sampling station that complies with Sec. 679.28(d) so that the CDQ
observer can accurately determine the average weight of discarded CDQ
species.
(2) CDQ permit. A valid CDQ permit is on board the vessel at all
times while harvesting, processing, or transporting CDQ.
(3) Species composition. Each set or pot is sampled for species
composition by a CDQ observer.
(4) Catch weight and numbers. The CDQ group specifies in the CDP
that the CDQ and PSQ catch weight and numbers will be based on the CDQ
observer's estimates rather than the processor's report of landed catch
weight and numbers.
(3) Shoreside processors and buying stations. All shoreside
processors and buying stations taking CDQ deliveries in addition to
complying with the minimum observer coverage requirements at
Sec. 679.50(d)(4) must:
[[Page 43897]]
(i) CDQ permit. Have a valid CDQ permit on site at the shoreside
processor at all times.
(ii) CDQ and PSQ by weight. Sort and weigh on a scale certified
under Sec. 679.28(c), all groundfish and halibut CDQ or PSQ and any
halibut and herring PSQ delivered to a shoreside processor or buying
station by CDQ or PSQ species or species group.
(iii) PSQ by number. The shoreside processor must count all salmon
or crab PSQ.
(iv) Prior notice of offloading schedule. The manager of each
shoreside processor or buying station must notify the CDQ observer(s)
of the offloading schedule of each CDQ groundfish delivery at least 1
hour prior to offloading to provide the CDQ observer an opportunity to
monitor the weighing of the entire delivery.
(v) CDQ and PSQ sorting and weighing. All sorting and weighing of
CDQ and PSQ must be monitored by a CDQ observer.
(4) Catcher/processors and motherships. Catcher/processors and
motherships in addition to complying with the minimum observer coverage
requirements described at Sec. 679.50(c)(4) must:
(i) CDQ permit. Have a valid CDQ permit on board the vessel at all
times harvesting, processing, or transporting CDQ.
(ii) Observer sampling station. Provide an observer sampling
station as described at Sec. 679.28(d).
(iii) Catcher/processors using trawl gear and motherships. Catcher/
processors using trawl gear and motherships must weigh all catch on a
scale certified under Sec. 679.28(b) of this part. Catch from each haul
must be weighed separately. Catch must not be sorted before it is
weighed unless a CDQ provision for doing so is approved by NMFS for the
vessel. Each CDQ haul must be sampled by a CDQ observer for species
composition and the vessel operator must allow CDQ observers to use the
certified scale to weigh partial haul samples.
(iv) Catcher/processors using non-trawl gear. Each CDQ set or pot
must be sampled by a CDQ observer for species composition and average
weight.
(e) Recordkeeping and reporting--(1) Check-in/check-out report. The
CDQ representative must submit the CDQ check-in/check-out report and
the CDQ catch report described at Sec. 679.5 (m) and (n).
(2) Catch record. The operator or manager of a buying station, the
operator of a vessel, and the manager of a shoreside processor must
record all catch in the CDQ fisheries, including all groundfish species
and prohibited species caught, taken, or harvested in each haul or set
as required at Sec. 679.5.
(3) Verification of CDQ and PSQ catch reports. CDQ groups may
specify the sources of data listed below as the sources they will use
to report CDQ catch by specifying ``NMFS standard sources of data'' in
their CDP. In the case of a catcher vessel using non-trawl gear, the
CDP must specify whether any CDQ species will be discarded at sea. CDQ
species may be discarded at sea only if the requirements of paragraph
(d)(2)(ii)(A) of this section are met. NMFS will use the following
sources to verify the CDQ catch reports unless an alternative catch
estimation procedure in the CDP is approved by NMFS under
Sec. 679.30(a)(5)(ii).
(i) Unobserved catcher vessels. The weight or numbers of all CDQ
and PSQ species on ADF&G fish tickets if all CDQ species, salmon PSQ,
and herring PSQ are retained on board the vessel, delivered to a
processor with a valid CDQ permit, and sorted and weighed in compliance
with paragraph (d)(3) of this section.
(ii) Observed catcher vessels using trawl gear. The CDQ observer's
estimate of halibut and crab PSQ and the weight or numbers of all
groundfish CDQ, salmon PSQ, and herring PSQ on ADF&G fish tickets if
all CDQ species, salmon PSQ, and herring PSQ are retained on board the
vessel, delivered to a processor with a valid CDQ permit, and sorted
and weighed in compliance with paragraph (d)(3) of this section.
(iii) Observed catcher vessels using non-trawl gear. (A) The CDQ
observer's estimates of the weight of halibut PSQ and the weight or
numbers of CDQ species on ADF&G fish tickets if all CDQ species are
retained on board the vessel, delivered to a processor with a valid CDQ
permit, and sorted and weighed in compliance with paragraph (d)(3) of
this section; or
(B) The CDQ observer's estimate of the weight of all CDQ and PSQ
species if any CDQ species are discarded at sea.
(iv) Catcher/processors using trawl gear and motherships. The CDQ
observer's estimate of the weight and numbers of CDQ and PSQ species as
determined by applying the CDQ observer's species composition sampling
data for each haul to the total weight of haul as determined by
weighing all catch from each haul on a scale certified under
Sec. 679.28(b).
(v) Catcher/processors using non-trawl gear. The CDQ observer's
estimates of the weight and numbers of CDQ and PSQ species as
determined by sampling each set or pot to determine the number and
average weight of each CDQ and PSQ species.
(f) Pollock CDQ (applicable through December 31, 1998)--(1)
Applicability. Vessels and processors harvesting pollock CDQ in 1998
must comply with the requirements of this paragraph.
(2) Catch of non-pollock. The catch of all non-pollock species for
which a TAC or PSC limit is specified will accrue against the non-CDQ
groundfish fishery TACs and PSC limits. Regulations governing maximum
retainable bycatch amounts in the non-CDQ groundfish fisheries must be
complied with while harvesting pollock CDQ.
(3) Recordkeeping and reporting. (i) The CDQ representative must
submit a CDQ catch report that complies with Sec. 679.5(n). Catch from
the pollock CDQ fisheries must be identified separately from catch in
other CDQ fisheries on the CDQ catch report. Harvest of species other
than pollock in the pollock CDQ fisheries must not be reported on the
CDQ catch report.
(ii) The CDQ representative must submit a CDQ check-in/check-out
report that complies with Sec. 679.5(m) and states that the vessel will
be participating in the pollock CDQ fishery.
(iii) The operator or manager of a buying station, the operator of
a vessel, and the manager of a shoreside processor must record all
catch in the CDQ fisheries, including all groundfish species and
prohibited species caught, taken, or harvested in each haul or set as
required at Sec. 679.5.
(4) Observer coverage. Two observers are required on all catcher/
processors and motherships while harvesting, processing, or taking
deliveries of pollock CDQ, one observer is required on all catcher
vessels harvesting pollock CDQ, and one observer is required in the
shoreside processing plant while pollock CDQ is being delivered,
sorted, or processed.
(5) Estimation of the weight of pollock CDQ--(i) Shoreside
processors and buying stations. All pollock CDQ delivered to a
shoreside processor or buying station must be weighed on a scale
certified under Sec. 679.28(c). The manager of each shoreside processor
or buying station must notify the observer(s) of the offloading
schedule of each CDQ groundfish delivery at least 1 hour prior to
offloading to provide the observer an opportunity to monitor the
weighing of the entire delivery.
(ii) Motherships and catcher/processors. Operators of mothership
and catcher/processors must provide the holding bins and comply with
the operational requirements at Sec. 679.28(e) in order for volumetric
estimates of total catch weight to be made.
[[Page 43898]]
(g) Sablefish and halibut CDQ fisheries (applicable through
December 31, 1998)--(1) Applicability. Vessels and processors
harvesting fixed gear sablefish or halibut CDQ in 1998 must comply with
the requirements of this paragraph.
(2) Catch of other groundfish. All groundfish for which a TAC is
specified and all prohibited species caught during the sablefish and
halibut CDQ fisheries will accrue to the non-CDQ groundfish TACs and
PSC limits. Regulations governing maximum retainable bycatch amounts in
the non-CDQ groundfish fisheries must be complied with while harvesting
fixed-gear sablefish and halibut CDQ.
(3) Permits. The managing organization responsible for carrying out
an approved CDQ project must have a halibut and/or sablefish permit
issued by the Regional Administrator. A copy of the halibut and/or
sablefish CDQ permit must be carried on any fishing vessel operated by,
or for, the managing organization and be made available for inspection
by an authorized officer. Such halibut and/or sablefish CDQ permit is
non-transferable and is effective for the duration of the CDQ project
or until revoked, suspended, or modified.
(4) CDQ cards. All individuals named on an approved CDP application
must have a halibut and/or sablefish CDQ card issued by the Regional
Administrator before landing any halibut and/or sablefish. Each halibut
and/or sablefish CDQ card will identify a CDQ permit number and the
individual authorized by the managing organization to land halibut and/
or sablefish for debit against its CDQ allocation.
(5) Alteration. No person may alter, erase, or mutilate a halibut
and/or sablefish 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 is invalid.
(6) Landings. Halibut and/or sablefish harvested pursuant to a
approved CDQ project may be landed only by a person with a valid
halibut and/or sablefish CDQ card, and delivered only to a person with
a valid registered buyer permit, and reported in compliance with
Sec. 679.5(l)(1) and (l)(2).
(7) Recordkeeping and reporting. Vessels and processors with
Federal fisheries or processor permits under Sec. 679.4(f) must report
all catch of groundfish, including sablefish CDQ, and prohibited
species from the fixed gear sablefish and halibut CDQ fisheries on
logbooks and weekly production reports required under Sec. 679.5. Catch
from the fixed gear sablefish and halibut CDQ fisheries must not be
reported on the CDQ catch report in 1998.
14. Sections 679.33 and 679.34 are removed.
15. In Sec. 679.40, existing paragraph (f) is removed and existing
paragraph (g) is redesignated as a new paragraph (f).
16. In Sec. 679.43, a new paragraph (p) is added to read as
follows:
Sec. 679.43 Determinations and appeals.
* * * * *
(p) Issuance of a non-transferable permit. A non-transferable
permit will be issued to a person upon acceptance of his or her appeal
of an initial administrative determination denying an application for a
license for license limitation groundfish or crab species under
Sec. 679.4(i). This non-transferable permit authorizes a person to
conduct directed fishing for groundfish or directed fishing for crab
species and will have specific endorsements and designations based on
the person's claims in his or her application for a license. This non-
transferable permit expires upon the resolution of the appeal.
17. In Sec. 679.50, the last sentence of paragraph (a) is revised
and new paragraphs (c)(4), (d)(4), and (h)(1)(i) (D) and (E) are added
as follows:
Sec. 679.50 Groundfish Observer Program applicable through December
31, 1997.
(a) * * * Observer coverage for the CDQ fisheries obtained in
compliance with paragraphs (c)(4) and (d)(4) of this section may not be
used to comply with observer coverage requirements for non-CDQ
groundfish fisheries specified in paragraphs (c)(1)(v) and (c)(1)(vii)
of this section.
* * * * *
(c) Observer requirements for vessels. * * *
(4) Groundfish and halibut CDQ fisheries. Vessels harvesting
groundfish or halibut CDQ must comply with the following minimum
observer coverage requirements each day that the vessel harvests,
transports, processes, delivers, or takes deliveries of groundfish or
halibut CDQ or PSQ. No CDQ observer may be required to be on duty more
than 12 hours in a 24-hour period, to sample more than 9 hours in a 24-
hour period, or to sample more than 3 hauls in a 24-hour period on a
vessel using trawl gear or a processor taking deliveries from vessels
using trawl gear.
(i) Mothership or catcher/processor. A mothership or catcher/
processor of any length must have at least two CDQ observers as
described at paragraph (h)(1)(i) (D) and (E) of this section aboard the
vessel, at least one of whom must be certified as a lead CDQ observer.
(ii) Catcher vessel. A catcher vessel equal to or greater than 60
ft (18.3 m) LOA, except a catcher vessel that delivers only unsorted
codends to a processor or another vessel, must have at least one lead
CDQ observer as described at paragraph (h)(1)(i)(E) of this section
aboard the vessel.
(d) * * *
(4) Groundfish and halibut CDQ fisheries. Each shoreside processor
required to have a federal processor permit under Sec. 679.4(f) and
taking deliveries of groundfish or halibut CDQ must have at least one
lead CDQ observer as described at paragraph (h)(1)(i)(E) of this
section present at all times while CDQ is being received or processed.
* * * * *
(h) * * *
(1) * * *
(i) * * *
(D) For purposes of the groundfish and halibut CDQ fisheries a
NMFS-certified CDQ observer must meet the following requirements.
(1) Be a prior observer who has completed at least 60 days of
observer data collection on a vessel using the same gear type as the
CDQ vessel that they will be deployed on.
(2) Receive the rating of 1 for ``exceptional'' or 2 for ``meets
expectations'' by NMFS for their most recent deployment.
(3) Successfully complete a NMFS-approved CDQ observer training
and/or briefing as prescribed by NMFS and available from the Observer
Program Office.
(4) Comply with all of the other requirements of this section.
(E) To be certified as a ``lead observer'' in the groundfish and
halibut CDQ fisheries, a NMFS-certified observer must complete at least
20 days of observer data collection on a vessel participating in a CDQ
fishery in addition to meeting the requirements of paragraph
(h)(1)(i)(D) of this section.
* * * * *
[FR Doc. 97-21169 Filed 8-14-97; 8:45 am]
BILLING CODE 3510-22-P