[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Rules and Regulations]
[Pages 20210-20216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10295]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981221311-9096-02; I.D. 113098C]
RIN 0648-AL21


Fisheries of the Exclusive Economic Zone Off Alaska; Western 
Alaska Community Development Quota Program

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

ACTION: Final rule.

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

SUMMARY: NMFS issues a Final Rule to amend the regulations governing 
the Western Alaska Community Development Quota (CDQ) Program. This 
action is necessary to define how halibut CDQ fishing will be managed 
in 1999 and thereafter and to remove or revise regulations governing 
groundfish and halibut CDQ fishing to make them consistent with the 
combination of the management regimes for the fixed gear halibut and 
sablefish CDQ fisheries, the pollock CDQ fisheries, and the 
multispecies (MS) groundfish CDQ fisheries starting in fishing year 
1999. In addition, this action makes miscellaneous technical and 
editorial revisions to the groundfish CDQ regulations. This action is 
intended to further the objectives of the Fishery Management Plan for 
the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
(FMP).

DATES: Effective May 26, 1999 except that Sec. 679.50 (c)(4)(i) through 
Sec. 679.50 (c)(4)(iv), is effective April 26, 1999.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for 
this action may be obtained from National Marine Fisheries Service, 
Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802, Attn: Lori Gravel, or by calling the Alaska Region, 
NMFS, at 907-586-7228.

FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Management Background and Need for Action

    NMFS manages fishing for groundfish by U.S. vessels in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) according to the FMP. The North Pacific Fishery 
Management Council prepared the FMP under authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
Regulations governing fishing by U.S. vessels and implementing the FMP 
appear at 50 CFR parts 600 and 679. Regulations governing the 1999 
halibut fishery were published in the Federal Register on March 19, 
1999 (64 FR 13519).
    The regulatory amendments implemented by this final rule fall into 
three categories: (1) Those governing vessels used to harvest halibut 
CDQ and the processors or registered buyers taking deliveries from 
these vessels; (2) those removing or revising sections of the 
regulations governing the fixed gear sablefish CDQ fishery; and (3) 
those executing other miscellaneous technical or editorial revisions to 
the MS groundfish CDQ regulations.
    A proposed rule was published in the Federal Register on February 
8, 1999 (64 FR 6025). The public comment period on the proposed rule 
ended on March 10, 1999. See the proposed rule for a more detailed 
description of the regulatory amendments and the reasons for their 
implementation. NMFS received no comments on the proposed rule.

Changes From the Proposed Rule

    The following changes are made from the regulatory text of the 
proposed rule:
    1. The proposed rule would have exempted all operators of vessels 
less than 60 ft (18.3m) length overall (loa) while halibut CDQ fishing 
from the existing requirement to retain all groundfish CDQ species and 
deliver them to a processor; and, would have exempted managers of 
shoreside processors taking deliveries of

[[Page 20211]]

groundfish caught by catcher vessels less than 60 ft (18.3 m) loa that 
had been halibut CDQ fishing from the existing requirement to report 
this groundfish on a CDQ delivery report. In addition, the proposed 
rule would not have counted groundfish caught by catcher vessels less 
than 60 ft (18.3 m) loa that had been halibut CDQ fishing against the 
CDQ group's CDQ allocations.
    NMFS proposed the exemption because the cost of complying with 
these requirements for operators of vessels less than 60 ft (18.3 m) 
loa and, for managers of shoreside processors, would exceed the 
benefits that would be gained by tracking what are expected to be small 
amounts of retained groundfish. In addition, not accruing this 
incidental catch of groundfish against a CDQ group's CDQ allocation, 
and instead accruing it against the non-CDQ total allowable catch (TAC) 
specification, should not reduce the non-CDQ directed fisheries for the 
incidentally caught species.
    NMFS believes that this justification remains valid and the final 
rule implements the proposed regulations for all groundfish, except 
sablefish, landed by vessels less than 60 ft (18.3 m) LOA while halibut 
CDQ fishing. Under existing regulations, shoreside processors are 
required to report this groundfish to NMFS on logbooks and weekly 
production reports and to the State of Alaska on fish tickets. This 
groundfish catch will accrue against the non-CDQ groundfish TAC limits. 
Although operators of vessels less than 60 ft (18.3 m) LOA while 
halibut CDQ fishing are not required to retain all groundfish CDQ 
species under the CDQ regulations, operators must comply with other 
regulations governing the open access fisheries for the specific 
species and area that may require retention of groundfish.
    This final rule clarifies the accounting of sablefish CDQ caught by 
vessels less than 60 ft (18.3 m) LOA while halibut CDQ fishing. The 
BSAI fixed gear sablefish TACs are fully allocated to either Individual 
Fishing Quota (IFQ) or to CDQ fisheries. Therefore, unlike other 
groundfish caught by vessels less than 60 ft (18.3 m) LOA while halibut 
CDQ fishing, sablefish catch cannot accrue against a non-CDQ TAC. 
Therefore, proposed Sec. 679.32(f)(3) is revised in the final rule to 
require that any sablefish CDQ retained while halibut CDQ fishing by 
vessels of any size (including those less than 60 ft (18.3 m) LOA) be 
reported by the shoreside processor on a CDQ delivery report.
    2. The proposed rule included a new definition for ``halibut CDQ 
fishing''. A new definition is needed to distinguish between vessels 
halibut CDQ fishing and vessels groundfish CDQ fishing in order to 
allow operators of vessels less than 60 ft (18.3 m) while halibut CDQ 
fishing, managers of shoreside processors taking deliveries from these 
vessels, and the CDQ representative to account for the groundfish 
caught by these vessel operators while halibut CDQ fishing in a 
different manner than that required for operators of vessels less than 
60 ft (18.3 m) LOA while groundfish CDQ fishing.
    The proposed definition is revised in the final rule to distinguish 
between halibut CDQ fishing by catcher vessels and by catcher/
processors. For both catcher vessels and catcher/processors, the 
definition is revised to clarify that both retained halibut CDQ and 
retained halibut IFQ (rather than just retained halibut CDQ) will be 
considered in determining whether retained halibut represents the 
largest proportion of the retained catch. This clarification is 
necessary because vessel operators are allowed to retain halibut IFQ 
while halibut CDQ fishing, and this retained halibut should be included 
in the total amount of retained halibut for purposes of determining 
whether a vessel is halibut CDQ fishing or groundfish CDQ fishing.
    For catcher vessels, the definition is also revised to clarify that 
the determination of whether halibut is the predominant retained 
species may be made at any time while the vessel is CDQ fishing, not 
just when the fish are delivered to the processor. This revision is 
necessary so NMFS Enforcement or the U.S. Coast Guard can determine 
whether a catcher vessel is halibut CDQ fishing or groundfish CDQ 
fishing while it is fishing. In addition, the requirement that the 
round weight equivalent of non-CDQ groundfish not exceed the maximum 
retainable bycatch (MRB) amounts for these species is applied only to 
catcher vessels less than 60 ft (18.3 m) LOA while halibut CDQ fishing. 
Catcher vessels equal to or greater than 60 ft (18.3 m) LOA and 
catcher/processors may not combine CDQ groundfish and non-CDQ 
groundfish in the same delivery (catcher vessel) or set (catcher/
processor), and they must account for all groundfish caught while 
halibut CDQ fishing against the CDQ group's CDQ allocation for that 
species. Therefore, it is not necessary or appropriate to apply MRB 
amounts to these vessels while halibut CDQ fishing.
    3. The definition of ``groundfish CDQ fishing'' is amended so that 
a vessel is either groundfish CDQ fishing or halibut CDQ fishing, but 
not both at the same time. In addition, NMFS is correcting amendments 
to this definition that were made in the combined final rule and 
emergency interim rule that implemented Amendment 45 to the FMP and CDQ 
program-related requirements of the American Fisheries Act (64 FR 3877, 
January 26, 1999). NMFS intended to permanently amend the definition of 
groundfish CDQ fishing in the final rule for Amendment 45. However, 
because NMFS published a final rule and an emergency interim rule 
affecting this definition on the same day, the amendment to the 
definition of groundfish CDQ fishing was implemented under the 
emergency interim rule and is effective only through July 20, 1999. 
Furthermore, the groundfish CDQ fishing definition that was effective 
through December 31, 1998, was suspended rather than removed.
    In this final rule, NMFS removes the definition of groundfish CDQ 
fishing that was suspended under the emergency interim rule because 
NMFS intended that this definition would be effective only through the 
end of 1998, and NMFS permanently implements a revised definition of 
groundfish CDQ fishing. The new definition of groundfish CDQ fishing 
states that ``groundfish CDQ fishing means fishing by an eligible 
vessel listed on an approved CDP that results in the catch of any 
groundfish CDQ species, but that does not meet the definition of 
halibut CDQ fishing''.
    4. In Sec. 679.32, NMFS removes paragraphs (a)(2), (a)(3), and (e), 
which expired on December 31, 1998. NMFS intended to remove these 
sections under the final rule and emergency interim rule for Amendment 
45 to the FMP and the AFA. However, as discussed earlier, rather than 
being removed, these sections were suspended under the emergency 
interim rule. In this final rule, NMFS removes these sections and 
redesignates Sec. 679.32(g) (regulations governing pollock CDQ fishing 
under the emergency interim rule) as Sec. 679.32(e). Under the 
emergency interim rule, new Sec. 679.32(e) will expire on July 20, 
1999.
    5. NMFS corrects a cross reference error in newly redesignated 
Sec. 679.7(d)(20) (previously Sec. 679.7(d)(21)). The requirements that 
apply to scales approved by the State of Alaska are at Sec. 679.28(c) 
not Sec. 679.28(b).
    6. NMFS reinstates Sec. 679.50 paragraphs (c)(4)(i) through 
(c)(4)(iv), which were inadvertently removed from the regulations under 
the final rule for Amendment 45 (64 FR 3877, January 26, 1999) due to 
an error in amendatory instruction number 8. This amendatory 
instruction should have revised only the

[[Page 20212]]

introductory paragraph to paragraph (c)(4) and should not have removed 
paragraphs (c)(4)(i) through (c)(4)(iv).

Compliance Guide for Small Entities

    The Small Business Regulatory Enforcement Fairness Act requires 
NMFS to prepare a compliance guide that explains how small entities 
must comply with the regulations implemented in this final rule. Note 
that this compliance guide addresses only the specific regulatory 
changes implemented in this final rule and is not a complete 
description of all CDQ regulations in 50 CFR part 679 that affect these 
small entities.
    The small entities affected by this rule are the six CDQ groups, 
the approximately 250 fishing vessel owners or operators who harvest 
halibut CDQ, and the approximately 20 processors or registered buyers 
who purchase halibut CDQ. See additional discussion of impacts in the 
Classification section and in the FRFA.
    The CDQ group representative must obtain a halibut CDQ permit from 
NMFS each year. The CDQ group must ensure that a copy of the CDQ permit 
be onboard each vessel harvesting halibut CDQ on the CDQ groups behalf, 
and that each vessel operator that lands halibut CDQ on the CDQ group's 
behalf has a valid CDQ landing card onboard. In addition, the CDQ group 
representative must report on a CDQ catch report any groundfish CDQ 
harvested while halibut CDQ fishing with vessels equal to or greater 
than 60 ft (18.3 m) LOA and any sablefish CDQ retained with vessels of 
any size.
    Individuals harvesting halibut CDQ must fish for halibut CDQ in 
compliance with the IFQ regulations and land halibut CDQ by or to a 
registered buyer who is required to submit a landing report under the 
IFQ regulations.
    Halibut CDQ catch by vessels equal to or greater than 60 ft (18.3 
m) LOA is not reported on the CDQ delivery report or CDQ catch report 
unless groundfish CDQ species also are landed. When groundfish CDQ 
species are landed with halibut CDQ catch by vessels equal to or 
greater than 60 ft (18.3 m) LOA, the weight of halibut CDQ and any 
halibut IFQ delivered at the same time and reported to Restricted 
Access Management (RAM) must also be reported on the CDQ delivery 
report and CDQ catch report in order to account for all catch in the 
delivery and to identify halibut CDQ, IFQ, and prohibited species quota 
(PSQ) separately.
    In contrast to groundfish CDQ fishing, under this final rule, 
operators of catcher vessels less than 60 ft (18.3 m) LOA while halibut 
CDQ fishing are not required to retain all groundfish CDQ species 
caught and deliver them to a shoreside processor. However, these vessel 
operators may be required to retain this groundfish under other 
regulations such as the IFQ program or the Improved Retention/Improved 
Utilization regulations. Registered buyers taking deliveries from these 
vessels are not required to have a CDQ observer to monitor deliveries. 
Except for sablefish CDQ, any groundfish catch retained onboard a 
catcher vessel less than 60 ft (18.3 m) LOA while halibut CDQ fishing 
and landed is not required to be reported by the manager of the 
shoreside processor on the CDQ delivery report and is not subtracted 
from the CDQ group's CDQ allocations. This groundfish catch accrues 
against the non-CDQ groundfish TAC limits. The vessel operator, IFQ 
cardholder, registered buyer, or manager of a shoreside processor, must 
report any sablefish retained while halibut CDQ fishing as either 
sablefish IFQ (under the IFQ regulations) or as sablefish CDQ. A 
shoreside processor must report the sablefish CDQ on a CDQ delivery 
report.
    The catch accounting requirements for operators of catcher vessels 
equal to or greater than 60 ft (18.3 m) LOA and catcher/processors 
while groundfish CDQ fishing apply to the operators of these vessels 
while halibut CDQ fishing. These regulations accrue all groundfish CDQ 
catch against the CDQ group's groundfish CDQ allocations, and require 
catcher vessels to carry a CDQ observer, and for catcher/processors to 
carry two CDQ observers in order to monitor and verify the catch of 
groundfish CDQ species that accrue to the MS groundfish CDQs. In 
addition, the Community Development Plan (CDP) must specify which 
catcher vessels equal to or greater than 60 ft (18.3 m) LOA are going 
to (1) retain and deliver all groundfish CDQ species to a shoreside 
processor (Option 1 under Sec. 679.32(c)(2)(ii)(A)), or (2) discard 
some groundfish CDQ species at sea (Option 2 under 
Sec. 679.32(c)(2)(ii)(B)), in which case the owner or operator of the 
catcher vessel must provide an observer sampling station that complies 
with the requirements of Sec. 679.28(d). The operator of the catcher 
vessels fishing under Option 2 still must comply with any other 
regulations that prohibit the discard of certain groundfish species 
which include, but are not limited to, Improved Retention/Improved 
Utilization and the IFQ Program, if any IFQ species also are onboard 
the vessel. Finally, shoreside processors are required to have 
deliveries by catcher vessels equal to or greater than 60 ft (18.3 m) 
LOA monitored by a CDQ observer at the shoreside processor.

Classification

    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
determined that this final rule is necessary for the conservation and 
management of the groundfish and halibut fisheries of the BSAI. The 
Regional Administrator also determined that this final rule is 
consistent with the Magnuson-Stevens Act, the Northern Pacific Halibut 
Act of 1982, and other applicable laws.
    The final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The collection-of-information requirements in this rule have been 
approved by OMB, OMB control number 0648-0269. The public reporting 
burden for this collection of information is estimated to average 2 
hours for the owner of a catcher vessel to submit a request for an 
observer sampling station inspection and to maintain a copy of the 
observer sampling station inspection report on the vessel; 15 minutes 
for the manager of a shoreside processor to print and retain the scale 
print-out; 2 minutes for the manager of a shoreside processor to notify 
the CDQ observer prior to the delivery of CDQ catch; 1 hour for the 
manager of a shoreside processor to complete the CDQ delivery report; 
and 15 minutes for the CDQ group to complete the CDQ catch report.
    Send comments regarding the burden estimates or any other aspect of 
this collection of information, including suggestions for reducing the 
burden, 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).
    NMFS prepared an FRFA that describes the impact this final rule 
would have on small entities. A copy of this analysis is available from 
NMFS (see ADDRESSES). The analysis made the following conclusions with 
respect to impacts on small entities. All of the participants in the 
halibut CDQ fisheries are small entities, including the approximately 
250 fishing vessel owners or operators who harvest halibut CDQ, the 
approximately 20 registered buyers who purchase halibut CDQ, the six 
CDQ groups who are allocated halibut CDQ, and the 56 western Alaska 
communities that are eligible for the CDQ program. All of these small 
entities incur some economic impact due to an increase in annual 
compliance costs as a result of recordkeeping and reporting 
requirements. For example, this final

[[Page 20213]]

rule requires the CDQ groups to incur costs associated with obtaining 
CDQ permits and submitting the CDQ catch reports. It also requires 
vessel operators and registered buyers to incur costs associated with 
CDQ landings reports as well as the requirement that owners or 
operators of vessel equal to or greater than 60 ft (18.3 m) LOA incur 
costs associated with the requirement to carry a CDQ observer.
    NMFS has determined that a regulation has a significant economic 
impact for the purposes of the Regulatory Flexibility Act (RFA) if it 
is likely to result in more than a 5-percent decrease in annual gross 
revenues; annual compliance costs (e.g., annualized capital, operating, 
reporting) that increase total costs of production by more than 5 
percent; compliance costs as a percent of sales that are 10 or more 
percent higher for small entities than compliance costs for large 
entities; capital costs of compliance that represent a significant 
portion of capital available to small entities, considering internal 
cash flow and external financing capabilities; or is likely to result 
in 2 or more percent of the small entities affected being forced to 
cease business operations.
    NMFS believes that this action will not reach these thresholds. 
However, the agency does not currently have sufficient information 
about the operating and production costs of the potentially affected 
small entities. Therefore, NMFS determines that the preferred 
alternative may have a significant impact on a substantial number of 
small entities and provided the requisite analytical information 
required for an IRFA.
    NMFS considered the alternative of allowing the regulations to 
expire, which would result in no regulations governing the permitting, 
catching, recordkeeping, reporting, and monitoring of halibut CDQ 
catch. While this alternative may appear to minimize the economic 
impact of the proposed rule on small entities, it is not consistent 
with NMFS's fisheries management objectives and obligations under the 
Magnuson-Stevens Act and the Northern Pacific Halibut Act. Furthermore, 
it would not be supported by the fishing industry, the CDQ groups, the 
State of Alaska, or the International Pacific Halibut Commission, all 
of whom have an interest in the collection of catch data to manage the 
halibut CDQ fisheries.
    The final rule satisfies NMFS's fisheries management obligations in 
a manner consistent with the RFA by removing some requirements and 
compliance costs for small entities. Specifically, it would remove the 
requirement that the CDQ groups (1) list in their CDPs the names of 
vessels less than 60 ft (18.3 m) LOA that conduct halibut CDQ fishing 
only and the processors taking deliveries from these vessels, and (2) 
submit technical amendments to their CDPs to add or remove these 
vessels and processors. NMFS also did not extend requirements that 
currently apply to vessels groundfish CDQ fishing to similar vessels 
while halibut CDQ fishing. Specifically, NMFS did not extend 
requirements for observers in shoreside processing plants that take 
deliveries from vessels less than 60 feet LOA who have been halibut CDQ 
fishing or requirements that these catcher vessels retain all 
groundfish species and report them under the MS groundfish CDQ 
reporting requirements.
    This rule reinstates Sec. 679.50 paragraphs (c)(4)(i) through 
(c)(4)(iv), which were inadvertently removed from the regulations under 
the final rule for Amendment 45 (64 FR 3877, January 26, 1999) due to 
an error in amendatory instruction number 8. This amendatory 
instruction should have revised only the introductory paragraph through 
paragraph (c)(4) and should not have removed paragraphs (c)(4)(i) 
through (c)(4)(iv). The Assistant Administrator for Fisheries, NMFS, 
finds for good cause under U.S.C. 553 (d)(3) that it would be contrary 
to the public interest to delay the effective date of the reinstatement 
of Sec. 679.50 (c)(4)(i) through Sec. 679.50 (c)(4)(iv). These sections 
must be effectively immediately to meet the catch monitoring and data 
collection goals of the FMP. Accordingly, Sec. 679.50 (c)(4)(i) through 
Sec. 679.50 (c)(4)(iv) is effective immediately upon the date of 
publication in the Federal Register.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: April 19, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is amended 
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. 679.2, the definitions for ``Fixed gear sablefish and 
halibut CDQ fishing (applicable through December 31, 1998)'' and 
``Groundfish CDQ fishing (applicable through December 31, 1998)'' are 
removed; the definitions for ``Groundfish CDQ fishing'' and 
``Prohibited species quota (PSQ)'' are revised; and the definition for 
``Halibut CDQ fishing'' is added in alphabetical order to read as 
follows:


Sec. 679.2  Definitions.

* * * * *
    Groundfish CDQ fishing means fishing by an eligible vessel listed 
on an approved CDP that results in the catch of any groundfish CDQ 
species, but that does not meet the definition of halibut CDQ fishing.
* * * * *
    Halibut CDQ fishing means the following:
    (1) Catcher vessel. The following conditions are met at all times:
    (i) Halibut CDQ is retained and the weight of halibut CDQ plus 
halibut IFQ onboard the vessel at any time represents the largest 
proportion of the retained catch in round weight equivalent onboard the 
vessel at that time, and
    (ii) For catcher vessels less than 60 ft (18.3 m) LOA, the round 
weight equivalent of non-CDQ groundfish does not exceed the maximum 
retainable bycatch amounts for these species or species groups as 
established in Sec. 679.20(e) and (f).
    (2) Catcher/processor. Halibut CDQ is retained from a set and the 
weight of halibut CDQ plus halibut IFQ represents the largest 
proportion of the retained catch in round weight equivalent from that 
set.
* * * * *
    Prohibited species quota (PSQ) means the amount of a prohibited 
species catch limit established under Sec. 679.21(e)(1) and (e)(2) that 
is allocated to the groundfish CDQ program under Sec. 679.21(e)(1)(i) 
and (e)(2)(ii).
* * * * *
    3. In Sec. 679.7, paragraphs (d)(20), (d)(22), and (d)(25) are 
removed; paragraphs (d)(21), (d)(23), (d)(24), (d)(26), and (d)(27) are 
redesignated as paragraphs (d)(20), (d)(21), (d)(22), (d)(24), and 
(d)(25); a new paragraph (d)(23) is added; and paragraphs (d)(4), 
(d)(11), (d)(15), (d)(19), newly redesignated paragraph (d)(20), 
paragraphs (f)(3), (f)(5), (f)(6), and (f)(10) are revised to read as 
follows:


Sec. 679.7  Prohibitions.

* * * * *
    (d) * * *

[[Page 20214]]

    (4) Harvest groundfish CDQ on behalf of a CDQ group with a vessel 
that is not listed as an eligible vessel on an approved CDP for that 
CDQ group.
* * * * *
     (11) For the operator of a catcher vessel using trawl gear or any 
vessel less than 60 ft (18.3 m) LOA that is groundfish CDQ fishing as 
defined at Sec. 679.2, discard any groundfish CDQ species or salmon PSQ 
before it is delivered to an eligible processor listed on an approved 
CDP.
* * * * *
    (15) For the operator of a catcher/processor or a catcher vessel 
required to carry a CDQ observer, combine catch from two or more CDQ 
groups in the same haul or set.
* * * * *
    (19) For the operator of a catcher/processor using trawl gear or a 
mothership, sort, process, or discard CDQ or PSQ species before the 
total catch is weighed on a scale that meets the requirements of 
Sec. 679.28(b), including the daily test requirements described at 
Sec. 679.28(b)(3).
    (20) For the manager of a shoreside processor or the manager or 
operator of a buying station that is required elsewhere in this part to 
weigh catch on a scale approved by the State of Alaska under 
Sec. 679.28(c), fail to weigh catch on a scale that meets the 
requirements of Sec. 679.28(c).
* * * * *
    (23) For any person on a vessel using fixed gear that is fishing 
for a CDQ group with an allocation of fixed gear sablefish CDQ, discard 
sablefish harvested with fixed gear.
* * * * *
    (f) * * *
    (3)(i) Halibut. Retain halibut caught with fixed gear without a 
valid IFQ or CDQ permit and without an IFQ or CDQ card in the name of 
an individual aboard.
    (ii) Sablefish. Retain sablefish caught with fixed gear without a 
valid IFQ permit and without an IFQ card in the name of an individual 
aboard, except as provided under an approved CDP.
* * * * *
    (5) Possess, buy, sell, or transport IFQ or CDQ halibut or IFQ 
sablefish harvested or landed in violation of any provision of this 
part.
    (6) Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing 
without an IFQ or CDQ card in the name of the individual making the 
landing.
* * * * *
    (10) Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing 
other than directly to (or by) a registered buyer.
* * * * *
    4. In Sec. 679.21, paragraph (e)(2)(ii) is revised to read as 
follows.


Sec. 679.21  Prohibited species bycatch management.

* * * * *
    (e) * * *
    (2) * * *
    (ii) The amount of 7.5 percent of the non-trawl gear halibut PSC 
limit set forth in paragraph (e)(2)(i) of this section is allocated to 
the groundfish CDQ program as PSQ reserve. The PSQ reserve is not 
apportioned by gear or fishery.
* * * * *
    5. In Sec. 679.23, paragraph (e)(4)(iii) is removed; and paragraph 
(e)(4)(iv) is redesignated as (e)(4)(iii) and revised to read as 
follows:




Sec. 679.23  Seasons.

* * * * *
    (e) * * *
    (4) * * *
    (iii) Groundfish CDQ. Fishing for groundfish CDQ species, other 
than fixed gear sablefish CDQ under subpart C of this part, is 
authorized from 0001 hours, A.l.t., January 1, through the end of each 
fishing year, except as provided in paragraph (c) of this section.
* * * * *
    6. In Sec. 679.30, paragraph (a)(5)(i)(C) is removed, paragraphs 
(a)(5) introductory text, paragraphs (a)(5)(i)(A)(1), 
(a)(5)(i)(A)(2)(ii), and (a)(5)(i)(B) are revised to read as follows:


Sec. 679.30  General CDQ regulations.

    (a) * * *
    (5) Fishing plan for groundfish and halibut CDQ fisheries. The 
following information must be provided for all vessels that will be 
groundfish CDQ fishing, all vessels equal to or greater than 60 ft 
(18.3 m) LOA that will be halibut CDQ fishing, and for all shoreside 
processors that will take delivery of groundfish CDQ species from these 
vessels.
    (i) List of eligible vessels and processors--(A) Vessels--(1) 
Information required for all vessels. A list of the name, Federal 
fisheries permit number (if applicable), ADF&G vessel number, LOA, gear 
type, and vessel type (catcher vessel, catcher/processor, or 
mothership). For each vessel, report only the gear types and vessel 
types that will be used while CDQ fishing. Any CDQ vessel that is 
exempt from the moratorium under Sec. 679.4(c)(3)(v) must be identified 
as such.
    (2) * * *
    (ii) Average and maximum number of hauls or sets that will be 
retrieved on any given fishing day while groundfish CDQ fishing.
* * * * *
    (B) Shoreside processors. A list of the name, Federal processor 
permit number, and location of each shoreside processor that is 
required to have a Federal processor permit under Sec. 679.4(f) and 
will take deliveries of, or process, groundfish CDQ catch from any 
vessel groundfish CDQ fishing or from vessels equal to or greater than 
60 ft (18.3 m) LOA that are halibut CDQ fishing.
* * * * *
    7. In Sec. 679.31, paragraphs (d)(1) and (d)(2) are revised; 
paragraphs (d)(3) and (f) are removed, and paragraph (g) is 
redesignated as paragraph (f) as follows:


Sec. 679.31  CDQ reserves.

* * * * *
    (d) * * *
    (1) For calendar year 2000, and thereafter, 7.5 percent; and
    (2) For calendar year 1999 (applicable through December 31, 1999), 
5 percent.
* * * * *
    8. In Sec. 679.32, paragraphs (a)(1), (c) introductory text, 
(c)(3)(i), (c)(3)(v), and (f) are revised, paragraphs (a)(2), (a)(3), 
and (e) are removed, paragraph (a)(4) is redesignated as paragraph 
(a)(2) and revised, and paragraph (g) is redesignated as paragraph (e) 
to read as follows:


Sec. 679.32  Groundfish and halibut CDQ catch monitoring.

    (a) Applicability. (1) The CDQ group, the operator of a vessel 
groundfish CDQ fishing as defined at Sec. 679.2, the operator of a 
catcher/processor halibut CDQ fishing as defined at Sec. 679.2, the 
operator of a catcher vessel equal to or greater than 60 ft (18.3 m) 
LOA halibut CDQ fishing, the operator of a mothership taking deliveries 
from these vessels, and the manager of a shoreside processor taking 
deliveries from these vessels must comply with the requirements of 
paragraphs (b) through (d) of this section for all groundfish CDQ and 
PSQ. For the catch of halibut CDQ or for vessels halibut CDQ fishing, 
the CDQ group, the operator of the vessel, the shoreside processor, and 
the registered buyer must comply with the requirements of paragraph (f) 
of this section. In addition, the CDQ group is responsible for ensuring 
that vessels and processors listed as eligible on the CDQ group's 
approved CDP comply with all requirements of this section while 
harvesting or processing CDQ species.
    (2) Pollock CDQ (applicable through July 20, 1999). Requirements 
for the

[[Page 20215]]

accounting of pollock while CDQ fishing are at paragraph (e) of this 
section.
* * * * *
    (c) Requirements for vessels and processors. In addition to 
complying with the minimum observer coverage requirements at 
Sec. 679.50(c)(4), vessel operators and managers of shoreside 
processors must comply with the following requirements:
* * * * *
    (3) * * *
    (i) Prior notice to observer of offloading schedule. Notify the CDQ 
observer of the offloading schedule of each CDQ delivery at least 1 
hour prior to offloading to provide the CDQ observer an opportunity to 
monitor the sorting and weighing of the entire delivery.
* * * * *
    (v) CDQ delivery report. Submit a CDQ delivery report described at 
Sec. 679.5(n)(1) for each delivery of groundfish CDQ.
* * * * *
    (f) Halibut CDQ--(1) Applicability. The CDQ group, the operator of 
the vessel, the manager of a shoreside processor, and the registered 
buyer must comply with the requirements of this paragraph (f) for the 
catch of halibut CDQ or while halibut CDQ fishing.
    (2) Accounting for halibut CDQ catch--(i) Halibut CDQ permit. The 
CDQ group must obtain a halibut CDQ permit issued by the Regional 
Administrator. The vessel operator must have a copy of the halibut CDQ 
permit on any fishing vessel operated by, or for, a CDQ group that will 
have halibut CDQ onboard and must make the permit available for 
inspection by an authorized officer. The halibut CDQ permit is non-
transferable and is issued annually until revoked, suspended, or 
modified.
    (ii) Halibut CDQ card. An individual must have onboard the vessel a 
valid halibut CDQ card issued by the Regional Administrator before 
landing any halibut CDQ. Each halibut CDQ card will identify a CDQ 
permit number and the individual authorized by the CDQ group to land 
halibut for debit against the CDQ group's halibut CDQ.
    (iii) Alteration. No person may alter, erase, mutilate, or forge a 
halibut CDQ permit, landing card, registered buyer permit, or any valid 
and current permit or document issued under this part. Any such permit, 
card, or document that has been intentionally altered, erased, 
mutilated, or forged is invalid.
    (iv) Landings. A person may land halibut CDQ only if he or she has 
a valid halibut CDQ card, and that person may deliver halibut CDQ only 
to a person with a valid registered buyer permit. The person holding 
the halibut CDQ card and the registered buyer must comply with the 
requirements of Sec. 679.5(l)(1) and (l)(2).
    (v) The CDQ group, vessel owner or operator, and registered buyer 
must comply with all of the IFQ prohibitions at Sec. 679.7(f).
    (3) Accounting for catch of groundfish CDQ while halibut CDQ 
fishing. The manager of a shoreside processor must report on a CDQ 
delivery report described at Sec. 679.5(n)(1), all groundfish CDQ 
delivered by vessels equal to or greater than 60 ft (18.3 m) LOA while 
halibut CDQ fishing and all sablefish CDQ delivered by vessels of any 
size while halibut CDQ fishing. The CDQ group must report on a CDQ 
catch report described at Sec. 679.5(n)(2), all groundfish CDQ caught 
by vessels equal to or greater than 60 ft (18.3 m) LOA while halibut 
CDQ fishing and all sablefish CDQ retained by vessels of any size while 
halibut CDQ fishing. This groundfish CDQ will accrue to the CDQ group's 
groundfish CDQ allocations. The manager of a shoreside processor and 
the CDQ group are not required to report on the CDQ delivery report, 
groundfish, except sablefish CDQ, that is caught by vessels less than 
60 ft (18.3 m) LOA while halibut CDQ fishing, and this catch (except 
sablefish CDQ) will not accrue against the CDQ group's groundfish CDQ 
allocations.
    (4) Groundfish CDQ retention requirements. Operators of vessels 
less than 60 ft (18.3 m) LOA are not required to retain and deliver 
groundfish CDQ species while halibut CDQ fishing, unless required to do 
so elsewhere in this part. Operators of vessels equal to or greater 
than 60 ft (18.3 m) LOA are required to comply with all groundfish CDQ 
and PSQ catch accounting requirements in paragraphs (b) through (d) of 
this section, including the retention of all groundfish CDQ, if option 
1 under Sec. 679.32(c)(2)(ii) is selected in the CDP.
    (5) Observer coverage requirements. The owner or operator of a 
vessel equal to or greater than 60 ft (18.3 m) LOA halibut CDQ fishing 
as defined at Sec. 679.2 or shoreside processors taking deliveries from 
vessels equal to or greater than 60 ft (18.3 m) LOA that are halibut 
CDQ fishing must comply with observer coverage requirements at 
Sec. 679.50(c)(4) and (d)(4).
    9. In Sec. 679.50, paragraph (c)(4) and paragraph (d)(4) are 
revised to read as follows:


Sec. 679.50  Groundfish observer program (applicable through December 
31, 2000).

* * * * *
    (c) * * *
    (4) Groundfish and halibut CDQ fisheries. The owner or operator of 
a vessel groundfish CDQ fishing or halibut CDQ fishing as defined at 
Sec. 679.2 must comply with the following minimum observer coverage 
requirements each day that the vessel is used to harvest, transport, 
process, deliver, or take deliveries of CDQ or PSQ species. The time 
required for the CDQ observer to complete sampling, data recording, and 
data communication duties shall not exceed 12 hours in each 24-hour 
period, and, the CDQ observer is required to sample no more than 9 
hours in each 24-hour period.
    (i) Motherships or catcher/processors using trawl gear. A 
mothership or catcher/processor using trawl gear must have at least two 
CDQ observers as described at paragraphs (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/processors using hook-and-line gear. A catcher/
processor using hook-and-line gear must have at least two CDQ observers 
as described at paragraphs (h)(1)(i)(D) and (E) of this section aboard 
the vessels, unless NMFS approves a CDP authorizing the vessel to carry 
only one lead CDQ observer. At least one of the CDQ observers must be 
certified as a lead CDQ observer. NMFS may approve a CDP authorizing 
the vessel to carry only one lead CDQ observer if the CDQ group 
supplies vessel logbook or observer data that demonstrates that one CDQ 
observer can sample each CDQ set for species composition in one 12-hour 
shift per fishing day. NMFS will not approve a CDP that would require 
the observer to divide a 12-hour shift into shifts of less than 6 
hours.
    (iii) Catcher/processors using pot gear. A catcher/processor using 
pot gear must have at least one lead CDQ observer as described at 
paragraph (h)(1)(i)(E) of this section aboard the vessel.
    (iv) Catcher vessel. A catcher vessel equal to or greater than 60 
ft (18.3 m), 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

[[Page 20216]]

permit under Sec. 679.4(f) and taking deliveries of CDQ or PSQ from 
vessels groundfish CDQ fishing as defined at Sec. 679.2 or taking 
deliveries from vessels equal to or greater than 60 ft (18.3 m) LOA 
that are halibut CDQ fishing 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. The time required for 
the CDQ observer to complete sampling, data recording, and data 
communication duties shall not exceed 12 hours in each 24-hour period, 
and the CDQ observer is required to sample no more than 9 hours in each 
24-hour period.
* * * * *
[FR Doc. 99-10295 Filed 4-23-99; 8:45 am]
BILLING CODE 3510-22-F