[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Rules and Regulations]
[Pages 42345-42355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040624193-4193-01; I.D. 060304A]
RIN 0648-AS43


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery

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

ACTION: Final rule.

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SUMMARY: NMFS is re-arranging the Pacific Coast Groundfish regulations 
so that they read in a more logical order. This final rule does not 
make substantive changes to the existing regulations; rather, it 
reorganizes regulatory measures into a more logical and cohesive order. 
This final rule also amends references to Paperwork Reduction Act (PRA) 
information-collection requirements to reflect this reorganization of 
regulatory language. The purpose of this final rule is to make the 
regulations more concise, better organized, and thereby easier for the 
public to use.

DATES: Effective July 15, 2004.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier (Northwest Region, 
NMFS), phone: 206-526-6129; fax: 206-526-6736; and e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule also is accessible via the Internet at the Office 
of the Federal Register's website at www.gpoaccess.gpo.gov/su_docs/aces/aces140.html and at the NMFS Northwest Region website at 
www.nwr.noaa.gov/1sustfsh/gfsh/gdfsh/gdfsh01.html.

Background

    On September 4, 2003, NMFS approved Amendment 17 to the Pacific 
Coast Groundfish Fishery Management Plan (FMP). Through Amendment 17, 
the FMP will now set groundfish harvest specifications and management 
measures via a biennial process. The first two-year management period 
will occur from January 1, 2005, through December 31, 2006. The Pacific 
Fishery Management Council (Council) made its final recommendation on 
2005-2006 groundfish specifications and management measures at its June 
2004 meeting in Foster City, CA. After receiving the Council's 
recommendations, NMFS will develop a proposed rule to implement the 
2005-2006 specifications and management measures through a public 
notice-and-comment rulemaking process. The proposed rule, which is to 
be published in the Federal Register, will announce a public comment 
period and may be followed by a final rule, also published in the 
Federal Register.
    NMFS expects that the rulemaking for the 2005-2006 Pacific Coast 
groundfish harvest specifications and management measures will result 
in revisions to the Pacific Coast groundfish regulations at 50 CFR part 
660, subpart G. NMFS has reviewed its Federal groundfish regulations in 
anticipation of the need to incorporate the 2005-2006 specifications 
and management measures rulemaking into the overall Federal groundfish 
regulations at 50 CFR part 660, subpart G. As a result of this review, 
NMFS has determined that Federal groundfish regulations should be 
reorganized so that they are more logically arranged and better able to 
incorporate the broad array of regulatory measures included in a 
specifications and management measures package.
    This final rule reorganizes Federal groundfish regulations at 50 
CFR part 660, subpart G, so that: broadly applicable regulations, 
including definitions and prohibitions, are found in Sec. Sec.  
660.301-660.306; prohibitions in

[[Page 42346]]

Sec.  660.306 are arranged by topic, where possible; gear restrictions 
and monitoring programs are found in Sec. Sec.  660.310-660.314; 
allocations are found in Sec. Sec.  660.320-660.324; permit-related 
regulations are found in Sec. Sec.  660.331-660.350; and regulations 
regarding the setting of harvest specifications and management measures 
are found in Sec. Sec.  660.365-660.390. Regulations concerning 
Groundfish Conservation Areas (GCAs) have been moved to Sec.  660.390 
in anticipation of the need to codify Rockfish Conservation Area (RCA) 
boundaries, which include several hundred latitude-longitude 
coordinates. By placing these coordinates-laden regulations at the end 
of 50 CFR part 660, subpart G, NMFS will be able to codify the GCA 
boundaries without interrupting the narrative flow of the overall 
groundfish regulations. The only changes to regulatory text made via 
this action will: (1) Remove an outdated reference to a disconnected 
computerized hotline that has since been replaced with a website 
intended to provide inseason information on management actions in the 
Pacific whiting fisheries; and (2) refer readers of the West Coast 
groundfish regulations definitions at Sec.  660.302 to nationwide 
definitions of fisheries regulatory terms at Sec.  600.10 for 
individual terms that appear in both nationwide regulations and in the 
regulations specified to the groundfish fisheries.
    The following table shows how NMFS has reorganized its West Coast 
groundfish regulations via this action:

------------------------------------------------------------------------
     Old Section (50 CFR part 660)        New Section (50 CFR part 660)
------------------------------------------------------------------------
Sec.   660.301 Purpose and scope        Sec.   660.301 Purpose and scope
                                         (now includes what was Sec.
                                         660.304(d)(1))
 
Sec.   660.302 Definitions              Sec.   660.302 Definitions (now
                                         includes what was Sec.
                                         660.304(a), (b), (d)(2), and
                                         (d)(3))
 
Sec.   660.304 Management areas,        ................................
 including conservation areas, and
 commonly used geographic coordinates.
 Moved[colon] Sec.   660.304(a), (b),
 (d)(2) and (d)(3) moved to Sec.
 660.302[semi] Sec.   660.304(c) moved
 to Sec.   660.390[semi] Sec.
 660.304(d)(1) moved to Sec.
 660.301.
 
Sec.   660.306 Prohibitions             Sec.   660.306 Prohibitions
                                         (paragraphs reorganized)
 
                                        Sec.   660.310 Gear restrictions
                                         New section, moved from Sec.
                                         660.322.
 
                                        Sec.   660.312 Vessel Monitoring
                                         System (VMS) requirements New
                                         section, moved from Sec.
                                         660.359.
 
                                        Sec.   660.314 Groundfish
                                         observer program New section,
                                         moved from Sec.   660.360.
 
                                        Sec.   660.320 Allocations New
                                         section, moved from Sec.
                                         660.323(a)(4)(i)(B),
                                         (a)(4)(iii)-(vi), and from Sec.
                                           660.332.
 
Sec.   660.321 Specifications and       ................................
 management measures Moved to Sec.
 660.370
 
Sec.   660.322 Gear restrictions Moved  ................................
 to Sec.   660.310
 
Sec.   660.323 Catch restrictions       Sec.   660.323 Pacific whiting
 Moved: Sec.   660.323(a) introductory   allocations, allocation
 text, (b), and (c) moved to Sec.        attainment, and inseason
 660.370; Sec.   660.323(a)(1) moved     allocation reapportionment
 to Sec.   660.371; Sec.                 Revised to retain language
 660.323(a)(2) moved to Sec.             specific to whiting allocations
 660.372; Sec.   660.323(a)(3),          at former Sec.   660.323
 (a)(4)(i)(A), (a)(4)(ii) and (vii)      (a)(4)(i)(B), (iii), (iv), (v)
 moved to Sec.   660.373;                and (vi).
 (a)(4)(i)(B), (iii), (iv), (v) and
 (vi) retained as Sec.   660.323.
 
Sec.   660.332 Allocations Moved to     ................................
 Sec.   660.320
 
Sec.   660.359 Vessel Monitoring        ................................
 System (VMS) requirements Moved to
 Sec.   660.312
 
Sec.   660.360 Groundfish observer      ................................
 program Moved to Sec.   660.314
 
                                        Sec.   660.365 Overfished
                                         Species Rebuilding Plans New
                                         section, moved from Sec.
                                         660.370.
 
Sec.   660.370 Overfished Species       ................................
 Rebuilding Plans Moved to Sec.
 660.365
 
                                        Sec.   660.370 Catch
                                         Restrictions and Specifications
                                         and Management Measures New
                                         section, moved from Sec.
                                         660.321 and Sec.   660.323(a)
                                         introductory text, (b), and
                                         (c).
 
                                        Sec.   660.371 Black Rockfish
                                         Fishery Management New section,
                                         moved from Sec.   660.323(a)(1)
 
                                        Sec.   660.372 Fixed Gear
                                         Sablefish Fishery Management
                                         New section, moved from Sec.
                                         660.323(a)(2)
 
                                        Sec.   660.373 Pacific whiting
                                         (whiting) fishery management
                                         New section, moved from Sec.
                                         660.323(a)(3), and
                                         (a)(4)(i)(A), (a)(4)(ii) and
                                         (vii).
 
                                        Sec.   660.390 Groundfish
                                         Conservation Areas New section,
                                         moved from Sec.   660.304(c)
------------------------------------------------------------------------

Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)

    Section 3507(c)(B)(i) of the PRA requires that agencies inventory 
and display a current control number assigned by the Director, Office 
of Management and Budget (OMB), for each agency information collection. 
Section 902.1(b) identifies the location of NOAA regulations for which 
OMB approval numbers have been issued. Because this final rule 
reorganizes the codification of many recordkeeping and reporting 
requirements, 15 CFR 902.1(b) is revised to reference correctly the new 
sections resulting from the consolidation.

Classification

    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    Pursuant to the Administrative Procedure Act (APA) at 5 U.S.C. 553 
(d), the Assistant Administrator for Fisheries, NOAA, (AA), finds that 
a 30-day delay in effectiveness of this rule does not apply since this 
is a non-substantive rule.
    Pursuant to 5 U.S.C. 553(b)(B), the AA finds good cause that 
waiving prior notice and public comment is unnecessary because this 
rule merely reorganizes and republishes the regulations in a more 
logical format, and in a way that anticipates that new

[[Page 42347]]

biennial regulations will be incorporated into these regulations 
beginning in 2005. With two exceptions, the contents of the regulations 
are unchanged. The exceptions make no material change in the 
regulations, and consist only of deleting an obsolete reference to a 
hotline that no longer exists, and adding references to nationwide 
definitions of some terms that also appear in these regulations.
    The following collection-of-information requirements have already 
been approved by OMB for U.S. fishing activities:
    a. Approved under 0648-0243--Survey of intent and capacity to 
harvest and process fish and shellfish, estimated at 5 minutes per 
response (Sec.  660.303).
    b. Approved under 0648-0305--Gear identification requirements, 
estimated at 15 minutes per response (Sec.  660.310).

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: July 7, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

0
1. The authority citation for part 660 continues to read as follows:

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

0
2. Section 660.301 is revised to read as follows:


Sec.  660.301  Purpose and scope.

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

0
3. Section 660.302 is amended as follows:
    A. In the definition for ``Fishing gear'', paragraphs (2) and (4) 
are revised, and paragraphs (9) through (22) are redesignated as 
paragraphs (10) through (23);
    B. The definitions for ``Fishery management area,``Groundfish 
Conservation Area or GCA,'' ``Mobile transceiver unit,'' ``North-South 
management area,'' and ``Vessel monitoring system or VMS'' are revised;
    C. The definition for ``Footrope'' is redesignated as new paragraph 
(9) under the definition for ``Fishing Gear''; and
    D. The definitions of ``Allocation'', ``Catch, take, harvest'', 
``Fishing'', ``Fishing vessel'', ``Operator'', ``Secretary'', ``Sell or 
sale'', ``Trip'', and ``Vessel of the United States, or U.S. vessel'' 
are added.
    The additions and revisions read as follows:


Sec.  660.302  Definitions.

* * * * *
    Allocation. (See Sec.  660.10).
* * * * *
    Catch, take, harvest. (See Sec.  660.10).
* * * * *
    Fishery management area means the EEZ off the coasts of Washington, 
Oregon, and California between 3 and 200 nm offshore, and bounded on 
the north by the Provisional International Boundary between the U.S. 
and Canada, and bounded on the south by the International Boundary 
between the U.S. and Mexico. The inner boundary of the fishery 
management area is a line coterminous with the seaward boundaries of 
the States of Washington, Oregon, and California (the ``3-mile 
limit''). The outer boundary of the fishery management area is a line 
drawn in such a manner that each point on it is 200 nm from the 
baseline from which the territorial sea is measured, or is a 
provisional or permanent international boundary between the U.S. and 
Canada or Mexico. All groundfish possessed between 0-200 nm offshore or 
landed in Washington, Oregon, or California are presumed to have been 
taken and retained from the EEZ, unless otherwise demonstrated by the 
person in possession of those fish.
    Fishing. (See Sec.  660.10).
    Fishing gear ***
* * * * *
    (2) Bottom trawl. A trawl in which the otter boards or the footrope 
of the net are in contact with the seabed. It includes roller (or 
bobbin) trawls, Danish and Scottish seine gear, and pair trawls fished 
on the bottom. Any trawl net not meeting the requirements for a pelagic 
trawl in Sec.  660.310 is a bottom trawl.
* * * * *
    (4) Codend. (See Sec. Sec.  660.10 and 660.310(b)(4)).
* * * * *
    Fishing vessel. (See Sec.  660.10).
* * * * *
    Groundfish Conservation Area or GCA means a geographic area defined 
by coordinates expressed in degrees latitude and longitude, created and 
enforced for the purpose of contributing to the rebuilding of 
overfished West Coast groundfish species. Specific GCAs area referred 
to or defined at Sec.  660.390.
* * * * *
    Mobile transceiver unit means a vessel monitoring system or VMS 
device, as set forth at Sec.  660.312, installed on board a vessel that 
is used for vessel monitoring and transmitting the vessel's position as 
required by this subpart.
    North-South management area means the management areas defined in 
paragraphs (1)(i) through (v) of this definition (Vancouver, Columbia, 
Eureka, Monterey Conception) or defined and bounded by one or more of 
the commonly used geographic coordinates set out in paragraphs (2)(i) 
through (xi) of this definition for the purposes of implementing 
different management measures in separate sections of the U.S. West 
Coast.
    (1) Management areas--(i) Vancouver. (A) The northeastern boundary 
is that part of a line connecting the light on Tatoosh Island, WA, with 
the light on Bonilla Point on Vancouver Island, British Columbia (at 
48[deg]35'75'' N. lat., 124[deg]43'00'' W. long.) south of the 
International Boundary between the U.S. and Canada (at 48[deg] 
29'37.19'' N. lat., 124[deg]43'33.19'' W. long.), and north of the 
point where that line intersects with the boundary of the U.S. 
territorial sea.
    (B) The northern and northwestern boundary is a line connecting the 
following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts 
18480 and 18007:

------------------------------------------------------------------------
                 Point                       N. Lat.         W. Long.
------------------------------------------------------------------------
1......................................  48[deg]29'37.1  124[deg]43'33.1
                                          9''             9''
2......................................  48[deg]30'11''  124[deg]47'13''
3......................................  48[deg]30'22''  124[deg]50'21''
4......................................  48[deg]30'14''  124[deg]54'52''
5......................................  48[deg]29'57''  124[deg]59'14''
6......................................  48[deg]29'44''  125[deg]00'06''
7......................................  48[deg]28'09''  125[deg]05'47''
8......................................  48[deg]27'10''  125[deg]08'25''
9......................................  48[deg]26'47''  125[deg]09'12''
10.....................................  48[deg]20'16''  125[deg]22'48''
11.....................................  48[deg]18'22''  125[deg]29'58''

[[Page 42348]]

 
12.....................................  48[deg]11'05''  125[deg]53'48''
13.....................................  47[deg]49'15''  126[deg]40'57''
14.....................................  47[deg]36'47''  127[deg]11'58''
15.....................................  47[deg]22'00''  127[deg]41'23''
16.....................................  46[deg]42'05''  128[deg]51'56''
17.....................................  46[deg]31'47''  129[deg]07'39''
------------------------------------------------------------------------

    (C) The southern limit is 47[deg]30' N. lat.
    (ii) Columbia. (A) The northern limit is 47[deg]30' N. lat.
    (B) The southern limit is 43[deg]00' N. lat.
    (iii) Eureka. (A) The northern limit is 43[deg]00' N. lat.
    (B) The southern limit is 40[deg]30' N. lat.
    (iv) Monterey. (A) The northern limit is 40[deg]30' N. lat.
    (B) The southern limit is 36[deg]00 N. lat.
    (v) Conception. (A) The northern limit is 36[deg]00' N. lat.
    (B) The southern limit is the U.S.-Mexico International Boundary, 
which is a line connecting the following coordinates in the order 
listed:

------------------------------------------------------------------------
                 Point                       N. Lat.         W. Long.
------------------------------------------------------------------------
1......................................  32[deg]35'22''  117[deg]27'49''
2......................................  32[deg]37'37''  117[deg]49'31''
3......................................  31[deg]07'58''  118[deg]36'18''
4......................................  30[deg]32'31''  121[deg]51'58''
------------------------------------------------------------------------

    (2) Commonly used geographic coordinates. (i) Washington/Oregon 
border 4616' N. lat.
    (ii) Cape Falcon, OR--4546' N. lat.
    (iii) Cape Lookout, OR--4520'15'' N. lat.
    (iv) Cape Blanco, OR--4250' N. lat.
    (v) Oregon/California border--4200' N. lat.
    (vi) Cape Mendocino, CA--4030' N. lat.
    (vii) North/South management line--4010' N. lat.
    (viii) Point Arena, CA--3857'30'' N. lat.
    (ix) Point San Pedro, CA--3735'40'' N. lat.
    (x) Point Lopez, CA--3600' N. lat.
    (xi) Point Conception, CA--3427' N. lat.
* * * * *
    Operator. (See Sec.  660.10).
* * * * *
    Secretary. (See Sec.  660.10).
    Sell or sale. (See Sec.  660.10).
    Scientific research activity. (See Sec.  660.10).
* * * * *
    Trip. (See Sec.  660.10).
* * * * *
    Vessel monitoring system or VMS means a vessel monitoring system or 
mobile transceiver unit as set forth in Sec.  660.312 and approved by 
NMFS for use on vessels that take (directly or incidentally) species 
managed under the Pacific Coast Groundfish FMP, as required by this 
subpart.Vessel of the United States or U.S. vessel. (See Sec.  660.10).

0
4. In Sec.  660.303, paragraphs (a) and (d)(2)are revised to read as 
follows:


Sec.  660.303  Reporting and recordkeeping.

    (a) This subpart recognizes that catch and effort data necessary 
for implementing the PCGFMP are collected by the States of Washington, 
Oregon, and California under existing state data collection 
requirements. Telephone surveys of the domestic industry may be 
conducted by NMFS to determine amounts of whiting that may be available 
for reallocation under 50 CFR 660.323(c). No Federal reports are 
required of fishers or processors, so long as the data collection and 
reporting systems operated by state agencies continue to provide NMFS 
with statistical information adequate for management.
* * * * *
    (d) * * *
    (2) Declaration reports for non-trawl vessels intending to fish in 
a conservation area. The operator of any vessel registered to a limited 
entry permit with a longline or pot endorsement must provide NMFS OLE 
with a declaration report, as specified at paragraph (d)(5) of this 
section, to identify the intent to fish within the CCA, as defined at 
Sec.  660.390, or any non-trawl RCA, as defined in the groundfish 
annual management measures that are published in the Federal Register.
* * * * *


Sec.  660.304  [Removed]

0
5. Remove Sec.  660.304.

0
6. Section 660.306 is revised to read as follows:


Sec.  660.306  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter, it is unlawful for any person to:
    (a) General. (1) Sell, offer to sell, or purchase any groundfish 
taken in the course of recreational groundfish fishing.
    (2) Retain any prohibited species (defined in Sec.  660.302 and 
restricted in Sec.  660.370(e)) caught by means of fishing gear 
authorized under this subpart or unless authorized by part 600 of this 
chapter. Prohibited species must be returned to the sea as soon as 
practicable with a minimum of injury when caught and brought on board.
    (3) Falsify or fail to affix and maintain vessel and gear markings 
as required by Sec.  660.305 or Sec.  660.310.
    (4) Fish for groundfish in violation of any terms or conditions 
attached to an EFP under Sec.  600.745 of this chapter or Sec.  
660.350.
    (5) Fish for groundfish using gear not authorized under Sec.  
660.310 or in violation of any terms or conditions attached to an EFP 
under Sec.  660.350 or part 600 of this chapter.
    (6) Take and retain, possess, or land more groundfish than 
specified under Sec. Sec.  660.370 through 660.373, or under an EFP 
issued under Sec.  660.350 or part 600 of this chapter.
    (7) Fail to sort, prior to the first weighing after offloading, 
those groundfish species or species groups for which there is a trip 
limit, size limit, quota, or harvest guideline, if the vessel fished or 
landed in an area during a time when such trip limit, size limit, 
harvest guideline or quota applied.
    (8) Possess, deploy, haul, or carry onboard a fishing vessel 
subject to this subpart a set net, trap or pot, longline, or commercial 
vertical hook-and-line that is not in compliance with the gear 
restrictions in Sec.  660.310, unless such gear is the gear of another 
vessel that has been retrieved at sea and made inoperable or stowed in 
a manner not capable of being fished. The disposal at sea of such gear 
is prohibited by Annex V of the International Convention for the 
Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
    (9) Refuse to submit fishing gear or fish subject to such person's 
control to inspection by an authorized officer, or to interfere with or 
prevent, by any means, such an inspection.
    (10) Take, retain, possess, or land more than a single cumulative 
limit of a particular species, per vessel, per applicable cumulative 
limit period, except for sablefish taken in the primary limited entry, 
fixed gear sablefish season from a vessel authorized under Sec.  
660.372(a) to participate in that season, as described at Sec.  
660.372(b).
    (11) Take and retain, possess, or land groundfish in excess of the 
landing limit for the open access fishery without having a valid 
limited entry permit for the vessel affixed with a gear endorsement for 
the gear used to catch the fish.
    (b) Reporting and recordkeeping.(1) Falsify or fail to make and/or 
file, retain or make available any and all reports of groundfish 
landings, containing all data, and in the exact manner, required by the 
applicable State law, as specified in Sec.  660.303, provided that 
person is required to do so by the applicable state law.
    (2) Fail to retain on board a vessel from which groundfish is 
landed, and provide to an authorized officer upon

[[Page 42349]]

request, copies of any and all reports of groundfish landings, or 
receipts containing all data, and made in the exact manner required by 
the applicable state law throughout the cumulative limit period during 
which such landings occurred and for 15 days thereafter.
    (c) Limited entry fisheries. (1) Fish with groundfish trawl gear, 
or carry groundfish trawl gear on board a vessel that also has 
groundfish on board, without having a limited entry permit valid for 
that vessel affixed with a gear endorsement for trawl gear, with the 
following exception. A vessel with groundfish on board may carry 
groundfish trawl gear if:
    (i) The vessel is in continuous transit from outside the fishery 
management area to a port in Washington, Oregon, or California; or
    (ii) The vessel is a mothership, in which case trawl nets and doors 
must be stowed in a secured and covered manner, and detached from all 
towing lines, so as to be rendered unusable for fishing.
    (2) Carry on board a vessel, or deploy, limited entry gear when the 
limited entry fishery for that gear is closed, except a vessel may 
carry on board limited entry gear as provided in paragraph (c)(1) of 
this section.
    (d) Black rockfish fisheries. Have onboard a commercial hook-and-
line fishing vessel (other than a vessel operated by persons under 
Sec.  660.370(c)(1)(ii), more than the amount of the trip limit set for 
black rockfish by Sec.  660.371 while that vessel is fishing between 
the U.S.-Canada border and Cape Alava (48[deg]09'30'' N. lat.), or 
between Destruction Island (47[deg]40'00'' N. lat.) and Leadbetter 
Point (46[deg]38'10'' N. lat.).
    (e) Sablefish fisheries. Take, retain, possess or land sablefish 
under the cumulative limits provided for the primary limited entry, 
fixed gear sablefish season, described in Sec.  660.372, from a vessel 
that is not registered to a limited entry permit with a sablefish 
endorsement.
    (f) Pacific whiting fisheries. (1) Process whiting in the fishery 
management area during times or in areas where at-sea processing is 
prohibited for the sector in which the vessel participates, unless:
    (i) The fish are received from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec.  660.324;
    (ii) The fish are processed by a waste-processing vessel according 
to Sec.  660.373(i); or
    (iii) The vessel is completing processing of whiting taken on board 
during that vessel's primary season.
    (2) Take and retain or receive, except as cargo or fish waste, 
whiting on a vessel in the fishery management area that already 
possesses processed whiting on board, during times or in areas where 
at-sea processing is prohibited for the sector in which the vessel 
participates, unless the fish are received from a member of a Pacific 
Coast treaty Indian tribe fishing under Sec.  660.324.
    (3) Participate in the mothership or shoreside sector as a catcher 
vessel that does not process fish, if that vessel operates in the same 
calendar year as a catcher/processor in the whiting fishery, according 
to Sec.  660.373(h)(2).
    (4) Operate as a waste-processing vessel within 48 hours of a 
primary season for whiting in which that vessel operates as a catcher/
processor or mothership, according to Sec.  660.373(i).
    (5) Fail to keep the trawl doors on board the vessel and attached 
to the trawls on a vessel used to fish for whiting, when taking and 
retention is prohibited under Sec.  660.373(f).
    (g) Limited entry permits. (1) Fail to carry on board a vessel the 
limited entry permit registered for use with that vessel, if a limited 
entry permit is registered for use with that vessel.
    (2) Make a false statement on an application for issuance, renewal, 
transfer, vessel registration, or replacement of a limited entry 
permit.
    (h) Fishing in conservation areas. (1) Fish with any trawl gear, 
including exempted gear used to take pink shrimp, ridgeback prawns, 
California halibut south of Pt. Arena, CA, and sea cucumber; or with 
trawl gear from a tribal vessel or with any gear from a vessel 
registered to a groundfish limited entry permit in a conservation area 
unless the vessel owner or operator has a valid declaration 
confirmation code or receipt for fishing in a conservation area as 
specified at Sec.  660.303(d)(5).
    (2) Operate any vessel registered to a limited entry permit with a 
trawl endorsement and trawl gear on board in a Trawl Rockfish 
Conservation Area or a Cowcod Conservation Area (as defined at Sec.  
660.302), except for purposes of continuous transiting, with all 
groundfish trawl gear stowed in accordance with Sec.  660.310(b)(7), or 
except as authorized in the annual or biennial groundfish management 
measures published in the Federal Register.
    (3) Operate any vessel registered to a limited entry permit with a 
longline or trap (pot) endorsement and longline and/or trap gear 
onboard in a Nontrawl Rockfish Conservation Area or a Cowcod 
Conservation Area (as defined at Sec.  660.302), except for purposes of 
continuous transiting, or except as authorized in the annual or 
biennial groundfish management measures published in the Federal 
Register.
    (i) Groundfish observer program. (1) Forcibly assault, resist, 
oppose, impede, intimidate, harass, sexually harass, bribe, or 
interfere with an observer.
    (2) Interfere with or bias the sampling procedure employed by an 
observer, including either mechanically or physically sorting or 
discarding catch before sampling.
    (3) Tamper with, destroy, or discard an observer's collected 
samples, equipment, records, photographic film, papers, or personal 
effects without the express consent of the observer.
    (4) Harass an observer by conduct that:
    (i) Has sexual connotations,
    (ii) Has the purpose or effect of interfering with the observer's 
work performance, and/or
    (iii) Otherwise creates an intimidating, hostile, or offensive 
environment. In determining whether conduct constitutes harassment, the 
totality of the circumstances, including the nature of the conduct and 
the context in which it occurred, will be considered. The determination 
of the legality of a particular action will be made from the facts on a 
case-by-case basis.
    (5) Fish for, land, or process fish without observer coverage when 
a vessel is required to carry an observer under Sec.  660.314(c).
    (6) Require, pressure, coerce, or threaten an observer to perform 
duties normally performed by crew members, including, but not limited 
to, cooking, washing dishes, standing watch, vessel maintenance, 
assisting with the setting or retrieval of gear, or any duties 
associated with the processing of fish, from sorting the catch to the 
storage of the finished product.
    (7) Fail to provide departure or cease fishing reports specified at 
Sec.  660.312(c)(2).
    (8) Fail to meet the vessel responsibilities specified at Sec.  
660.312(d).
    (j) Vessel monitoring systems. (1) Use any vessel registered to a 
limited entry permit to operate in State or Federal waters seaward of 
the baseline from which the territorial sea is measured off the States 
of Washington, Oregon or California, unless that vessel carries a NMFS 
OLE type-approved mobile transceiver unit and complies with the 
requirements described at Sec.  660.312.
    (2) Fail to install, activate, repair or replace a mobile 
transceiver unit prior to leaving port as specified at Sec.  660.312.

[[Page 42350]]

    (3) Fail to operate and maintain a mobile transceiver unit on board 
the vessel at all times as specified at Sec.  660.312.
    (4) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, mobile 
transceiver unit, or VMS signal required to be installed on or 
transmitted by a vessel as specified at Sec.  660.312.
    (5) Fail to contact NMFS OLE or follow NMFS OLE instructions when 
automatic position reporting has been interrupted as specified at Sec.  
660.312.
    (6) Register a VMS transceiver unit registered to more than one 
vessel at the same time.


Sec.  660.322  [Redesignated as Sec.  660.310 and Amended]

0
7. Section 660.322 is redesignated as Sec.  660.310 and newly 
redesignated section heading and paragraph (b)(5) are revised to read 
as follows:


Sec.  660.310  Gear restrictions and gear identification.

* * * * *
    (b) * * *
    (5) Large and small footrope trawl gear. Large footrope gear is 
bottom trawl gear, as specified at Sec.  660.302, with a footrope 
diameter larger than 8 inches (20 cm) (including rollers, bobbins or 
other material encircling or tied along the length of the footrope.) 
Small footrope trawl gear is bottom trawl gear, as specified at Sec.  
660.302 and herein at paragraph (b) of this section, with a footrope 
diameter of 8 inches (20 cm) or smaller (including rollers, bobbins or 
other material encircling or tied along the length of the footrope). 
Chafing gear may be used only on the last 50 meshes of a small footrope 
trawl, measured from the terminal (closed) end of the codend. Other 
lines or ropes that run parallel to the footrope may not be augmented 
to violate the footrope size restrictions. For enforcement purposes, 
the footrope will be measured in a straight line from the outside edge 
to the opposite outside edge at the widest part on any individual part, 
including any individual disk, roller, bobbin, or any other device.
* * * * *

0
8. Section 660.359 is redesignated as Sec.  660.312, and newly 
redesignated Sec.  660.312 is amended in paragraph (d)(7) by removing 
the words ``U.S. Coast Guard'' and adding in their place ``USCG,'' and 
paragraphs (d)(4) introductory text and (d)(4)(iv) are revised to read 
as follows:


Sec.  660.312  Vessel Monitoring System (VMS) requirements.

* * * * *
    (d) * * *
    (4) VMS exemptions. A vessel that is required to operate the mobile 
transceiver unit continuously 24 hours a day throughout the calendar 
year maybe exempted from this requirement if a valid exemption report, 
as described at paragraph (d)(4)(iii) of this section, is received by 
NMFS OLE and the vessel is in compliance with all conditions and 
requirements of the VMS exemption identified in this section.
* * * * *
    (iv) Exemption reports must be received by NMFS at least 2 hours 
and not more than 24 hours before the exempted activities defined at 
paragraph (d)(4)(i) and (ii) of this section occur. An exemption report 
is valid until NMFS receives a report canceling the exemption. An 
exemption cancellation must be received at least 2 hours before the 
vessel re-enters the EEZ following an outside areas exemption or at 
least 2 hours before the vessel is placed back in the water following a 
haul out exemption.
* * * * *


Sec.  660.360  [Redesignated as Sec.  660.314 and Amended]

0
9. Section 660.360 is redesignated as Sec.  660.314, and newly 
designated Sec.  660.314 is amended as follows:
    A. In paragraph (c)(2)(ii), remove the words ``Pacific Coast 
Groundfish Fishery Management Plan'' and add in their place ``PCGFMP'';
    B. In paragraph (d)(2), remove the words ``U.S. Coast Guard'' and 
add in their place ``USCG''; and
    C. In paragraph (d)(3)(i), remove the words ``United States'' and 
add in their place ``U.S.''.


Sec.  660.332  [Redesignated as Sec.  660.320]

0
10. Section 660.332 is redesignated as Sec.  660.320.

0
11. Section 660.323 is revised to read as follows:


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

    (a) Allocations. The commercial harvest guideline for whiting is 
allocated among three sectors, as follows: 34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent 
for the shoreside sector. No more than 5 percent of the shoreside 
allocation may be taken and retained south of 42[deg] N. lat. before 
the start of the primary season north of 42[deg] N. lat. These 
allocations are harvest guidelines unless otherwise announced in the 
Federal Register.
    (b) Reaching an allocation. If the whiting harvest guideline, 
commercial harvest guideline, or a sector's allocation is reached, or 
is projected to be reached, the following action(s) for the applicable 
sector(s) may be taken as provided under paragraph (e) of this section 
and will remain in effect until additional amounts are made available 
the next fishing year or under paragraph (e) of this section.
    (1) Catcher/processor sector. Further taking and retaining, 
receiving, or at-sea processing of whiting by a catcher/processor is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a catcher/processor may 
continue to process whiting that was on board before at-sea processing 
was prohibited.
    (2) Mothership sector. Further receiving or at-sea processing of 
whiting by a mothership is prohibited. No additional unprocessed 
whiting may be brought on board after at-sea processing is prohibited, 
but a mothership may continue to process whiting that was on board 
before at-sea processing was prohibited. Whiting may not be taken and 
retained, possessed, or landed by a catcher vessel participating in the 
mothership sector.
    (3) Shoreside sector. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the shoreside 
sector except as authorized under a trip limit specified under Sec.  
660.370(c).
    (4) Shoreside south of 42[deg] N. lat. If 5 percent of the 
shoreside allocation for whiting is taken and retained south of 42[deg] 
N. lat. before the primary season for the shoreside sector begins north 
of 42[deg] N. lat., then a trip limit specified under Sec.  660.370(c) 
may be implemented south of 42[deg] N. lat. until the northern primary 
season begins, at which time the southern primary season would resume.
    (c) Reapportionments. That portion of a sector's allocation that 
the Regional Administrator determines will not be used by the end of 
the fishing year shall be made available for harvest by the other 
sectors, if needed, in proportion to their initial allocations, on 
September 15 or as soon as practicable thereafter. NMFS may release 
whiting again at a later date to ensure full utilization of the 
resource. Whiting not needed in the fishery authorized under Sec.  
660.324 may also be made available.
    (d) Estimates. Estimates of the amount of whiting harvested will be 
based on actual amounts harvested, projections of amounts that will be 
harvested, or a combination of the two. Estimates of the

[[Page 42351]]

amount of Pacific whiting that will be used by shoreside processors by 
the end of the fishing year will be based on the best information 
available to the Regional Administrator from state catch and landings 
data, the survey of domestic processing capacity and intent, testimony 
received at Council meetings, and/or other relevant information.
    (e) Announcements. The Assistant Administrator will announce in the 
Federal Register when a harvest guideline, commercial harvest 
guideline, or an allocation of whiting is reached, or is projected to 
be reached, specifying the appropriate action being taken under 
paragraph (b) of this section. The Regional Administrator will announce 
in the Federal Register any reapportionment of surplus whiting to 
others sectors on September 15, or as soon as practicable thereafter. 
In order to prevent exceeding the limits or to avoid underutilizing the 
resource, prohibitions against further taking and retaining, receiving, 
or at-sea processing of whiting, or reapportionment of surplus whiting 
may be made effective immediately by actual notice to fishermen and 
processors, by e-mail, internet (www.nwr.noaa.gov/lsustfsh/groundfish/whiting_mgt.htm), phone, fax, letter, press release, and/or USCG 
Notice to Mariners (monitor channel 16 VHF), followed by publication in 
the Federal Register, in which instance public comment will be sought 
for a reasonable period of time thereafter. If insufficient time exists 
to consult with the Council, the Regional Administrator will inform the 
Council in writing of actions taken.

0
12. In Sec.  660.334, paragraphs (b), (c)(1)(i), and (d)(1) are revised 
to read as follows:


Sec.  660.334  Limited entry permits - endorsements.

* * * * *
    (b) Gear endorsements. There are three types of gear endorsements: 
trawl, longline and pot (trap). When limited entry permits were first 
issued, some vessel owners qualified for more than one type of gear 
endorsement based on the landings history of their vessels. Each 
limited entry permit has one or more gear endorsement(s). Gear 
endorsement(s) assigned to the permit at the time of issuance will be 
permanent and shall not be modified. While participating in the limited 
entry fishery, the vessel registered to the limited entry permit is 
authorized to fish the gear(s) endorsed on the permit. While 
participating in the limited entry, primary fixed gear fishery for 
sablefish described at Sec.  660.372, a vessel registered to more than 
one limited entry permit is authorized to fish with any gear, except 
trawl gear, endorsed on at least one of the permits registered for use 
with that vessel. During the limited entry fishery, permit holders may 
also fish with open access gear; except that vessels fishing against 
primary sablefish season cumulative limits described at Sec.  
660.372(b)(3) may not fish with open access gear against those limits.
* * * * *
    (c) * * *
    (1) * * *
    (i) If the permit is registered for use with a trawl vessel that is 
more than 5 ft (1.52 m) shorter than the size for which the permit is 
endorsed, it will be endorsed for the size of the smaller vessel. This 
requirement does not apply to a permit with a sablefish endorsement 
that is endorsed for both trawl and either longline or pot gear and 
which is registered for use with a longline or pot gear vessel for 
purposes of participating in the limited entry primary fixed gear 
sablefish fishery described at Sec.  660.372.
* * * * *
    (d) * * *
    (1) General. Participation in the limited entry fixed gear 
sablefish fishery during the primary season described in Sec.  660.372 
north of 36[deg] N. lat., requires that an owner of a vessel hold (by 
ownership or lease) a limited entry permit, registered for use with 
that vessel, with a longline or trap (or pot) endorsement and a 
sablefish endorsement. Up to three permits with sablefish endorsements 
may be registered for use with a single vessel. Limited entry permits 
with sablefish endorsements are assigned to one of three different 
cumulative trip limit tiers, based on the qualifying catch history of 
the permit.
* * * * *

0
13. In Sec.  660.335, paragraph (c) is revised to read as follows:


Sec.  660.335  Limited entry permits - renewal, combination, stacking, 
change of permit ownership or permit holdership, and transfer.

* * * * *
    (c) ``Stacking'' Limited Entry Permits. ``Stacking'' limited entry 
permits refers to the practice of registering more than one permit for 
use with a single vessel. Only limited entry permits with sablefish 
endorsements may be ``stacked.'' Up to three limited entry permits with 
sablefish endorsements may be registered for use with a single vessel 
during the primary sablefish season described at Sec.  660.372(b). 
Privileges, responsibilities, and restrictions associated with stacking 
permits to participate in the primary sablefish fishery are described 
at Sec.  660.372 and at Sec.  660.334(d).
* * * * *

0
14. In Sec.  660.350, paragraph (a)(6) is revised to read as follows:


Sec.  660.350  Compensation with fish for collecting resource 
information--exempted fishing permits off Washington, Oregon, and 
California.

* * * * *
    (a) * * *
    (6) Accounting for the compensation catch. As part of the harvest 
specifications process (Sec.  660.370), NMFS will advise the Council of 
the amount of fish authorized to be retained under a compensation EFP, 
which then will be deducted from the next harvest specifications (ABCs) 
set by the Council. Fish authorized in an EFP too late in the year to 
be deducted from the following year's ABCs will be accounted for in the 
next management cycle where it is practicable to do so.
* * * * *


Sec.  660.370  [Redesignated as Sec.  660.365]

0
15. Section 660.370 is redesignated as Sec.  660.365.

0
16. A new Sec.  660.370 is added to read as follows:


Sec.  660.370  Specifications and management measures.

    (a) General. NMFS will establish and adjust specifications and 
management measures biennially or annually and during the fishing year. 
Management of the Pacific Coast groundfish fishery will be conducted 
consistent with the standards and procedures in the PCGFMP and other 
applicable law. The PCGFMP is available from the Regional Administrator 
or the Council.
    (b) Biennial actions. The Pacific Coast Groundfish fishery is 
managed on a biennial, calendar year basis. Harvest specifications and 
management measures will be announced biennially, with the harvest 
specifications for each species or species group set for two sequential 
calendar years. In general, management measures are designed to 
achieve, but not exceed, the specifications, particularly optimum 
yields (harvest guidelines and quotas), commercial harvest guidelines 
and quotas, limited entry and open access allocations, or other 
approved fishery allocations, and to protect overfished and depleted 
stocks.
    (c) Routine management measures. In addition to the catch 
restrictions in Sec. Sec.  660.371 through 660.373, other catch 
restrictions that are likely to be adjusted on a biennial or more 
frequent basis

[[Page 42352]]

may be imposed and announced by a single notification in the Federal 
Register if good cause exists under the APA to waive notice and 
comment, and if they have been designated as routine through the two-
meeting process described in the PCGFMP. The following catch 
restrictions have been designated as routine:
    (1) Commercial limited entry and open access fisheries-
    (i) Trip landing and frequency limits, size limits, all gear. Trip 
landing and frequency limits have been designated as routine for the 
following species or species groups: widow rockfish, canary rockfish, 
yellowtail rockfish, Pacific ocean perch, yelloweye rockfish, splitnose 
rockfish, bocaccio, cowcod, minor nearshore rockfish or shallow and 
deeper minor nearshore rockfish, shelf or minor shelf rockfish, and 
minor slope rockfish; DTS complex which is composed of Dover sole, 
sablefish, shortspine thornyheads, and longspine thornyheads; petrale 
sole, rex sole, arrowtooth flounder, Pacific sanddabs, and the flatfish 
complex, which is composed of those species plus any other flatfish 
species listed at Sec.  660.302; Pacific whiting; lingcod; and ``other 
fish'' as a complex consisting of all groundfish species listed at 
Sec.  660.302 and not otherwise listed as a distinct species or species 
group. Size limits have been designated as routine for sablefish and 
lingcod. Trip landing and frequency limits and size limits for species 
with those limits designated as routine may be imposed or adjusted on a 
biennial or more frequent basis for the purpose of keeping landings 
within the harvest levels announced by NMFS, and for the other purposes 
given in paragraphs (c)(1)(i)(A) and (B) of this section.
    (A) Trip landing and frequency limits. To extend the fishing 
season; to minimize disruption of traditional fishing and marketing 
patterns; to reduce discards; to discourage target fishing while 
allowing small incidental catches to be landed; to protect overfished 
species; to allow small fisheries to operate outside the normal season; 
and, for the open access fishery only, to maintain landings at the 
historical proportions during the 1984-88 window period.
    (B) Size limits. To protect juvenile fish; to extend the fishing 
season.
    (ii) Differential trip landing and frequency limits based on gear 
type, closed seasons. Trip landing and frequency limits that differ by 
gear type and closed seasons may be imposed or adjusted on a biennial 
or more frequent basis for the purpose of rebuilding and protecting 
overfished or depleted stocks.
    (2) Recreational fisheries all gear types. Routine management 
measures for all groundfish species, separately or in any combination, 
include bag limits, size limits, time/area closures, boat limits, hook 
limits, and dressing requirements. All routine management measures on 
recreational fisheries are intended to keep landings within the harvest 
levels announced by NMFS, to rebuild and protect overfished or depleted 
species, and to maintain consistency with State regulations, and for 
the other purposes set forth in this section.
    (i) Bag limits. To spread the available catch over a large number 
of anglers; to protect and rebuild overfished species; to avoid waste.
    (ii) Size limits. To protect juvenile fish; to protect and rebuild 
overfished species; to enhance the quality of the recreational fishing 
experience.
    (iii) Season duration restrictions. To spread the available catch 
over a large number of anglers; to protect and rebuild overfished 
species; to avoid waste; to enhance the quality of the recreational 
fishing experience.
    (3) All fisheries, all gear types depth-based management measures. 
Depth-based management measures, particularly the setting of closed 
areas known as Groundfish Conservation Areas may be imposed on any 
sector of the groundfish fleet using specific boundary lines that 
approximate depth contours with latitude/longitude waypoints. Depth-
based management measures and the setting of closed areas may be used 
to protect and rebuild overfished stocks.
    (d) Changes to the regulations. Regulations under this subpart may 
be promulgated, removed, or revised. Any such action will be made 
according to the framework standards and procedures in the PCGFMP and 
other applicable law, and will be published in the Federal Register.
    (e) Prohibited species. Groundfish species or species groups under 
the PCGFMP for which quotas have been achieved and/or the fishery 
closed are prohibited species. In addition, the following are 
prohibited species:
    (1) Any species of salmonid.
    (2) Pacific halibut.
    (3) Dungeness crab caught seaward of Washington or Oregon.
    (f) Applicability. Groundfish species harvested in the territorial 
sea (0-3 nm) will be counted toward the catch limitations in 
Sec. Sec. 660.370-660.373.

0
17. Section 660.371 is added to read as follows:


Sec.  660.371  Black rockfish fishery management.

    The trip limit for black rockfish (Sebastes melanops) for 
commercial fishing vessels using hook-and-line gear between the U.S.-
Canada border and Cape Alava (48[deg]09'30'' N. lat.), and between 
Destruction Island (47[deg]40' N. lat.) and Leadbetter Point 
(46[deg]38'10'' N. lat.), is 100 lbs (45 kg) or 30 percent, by weight 
of all fish on board, whichever is greater, per vessel per fishing 
trip.

0
18. Section 660.372 is added to read as follows:


Sec.  660.372  Fixed gear sablefish fishery management.

    This section applies to the primary season for the fixed gear 
limited entry sablefish fishery north of 36[deg] N. lat., except for 
paragraph (c), of this section, which also applies to the open access 
fishery north of 36[deg] N. lat. Limited entry and open access fixed 
gear sablefish fishing south of 36[deg] N. lat. is governed by routine 
management measures imposed under Sec.  660.370 (c).
    (a) Sablefish endorsement. A vessel may not participate in the 
primary season for the fixed gear limited entry fishery, unless at 
least one limited entry permit with both a gear endorsement for 
longline or trap (or pot) gear and a sablefish endorsement is 
registered for use with that vessel. Permits with sablefish 
endorsements are assigned to one of three tiers, as described at Sec.  
660.334(d).
    (b) Primary season limited entry, fixed gear sablefish fishery- (1) 
Season dates. North of 36[deg] N. lat., the primary sablefish season 
for limited entry, fixed gear vessels begins at 12 noon l.t. on April 1 
and ends at 12 noon l.t. on October 31, unless otherwise announced by 
the Regional Administrator.
    (2) Gear type. During the primary season and when fishing against 
primary season cumulative limits, each vessel authorized to participate 
in that season under paragraph (a) of this section may fish for 
sablefish with any of the gear types, except trawl gear, endorsed on at 
least one of the permits registered for use with that vessel.
    (3) Cumulative limits. (i) A vessel participating in the primary 
season will be constrained by the sablefish cumulative limit associated 
with each of the permits registered for use with that vessel. The 
Regional Administrator will biennially or annually calculate the size 
of the cumulative trip limit for each of the three tiers associated 
with the sablefish endorsement such that the ratio of limits between 
the tiers is approximately 1:1.75:3.85 for Tier 3:Tier 2:Tier 1, 
respectively. The size of the cumulative trip limits will vary

[[Page 42353]]

depending on the amount of sablefish available for the primary fishery 
and on estimated discard mortality rates within the fishery. The size 
of the cumulative trip limits for the three tiers in the primary 
fishery will be announced in the Federal Register.
    (ii) During the primary season, each vessel authorized to 
participate in that season under paragraph (a) of this section may 
take, retain, possess, and land sablefish, up to the cumulative limits 
for each of the permits registered for use with that vessel. If 
multiple limited entry permits with sablefish endorsements are 
registered for use with a single vessel, that vessel may land up to the 
total of all cumulative limits announced in the Federal Register for 
the tiers for those permits, except as limited by paragraph (b)(3)(iii) 
of this section. Up to 3 permits may be registered for use with a 
single vessel during the primary season; thus, a single vessel may not 
take and retain, possess or land more than 3 primary season sablefish 
cumulative limits in any one year. A vessel registered for use with 
multiple limited entry permits is subject to per vessel limits for 
species other than sablefish, and to per vessel limits when 
participating in the daily trip limit fishery for sablefish under 
paragraph (c) of this section.
    (iii) If a permit is registered to more than one vessel during the 
primary season in a single year, the second vessel may only take the 
portion of the cumulative limit for that permit that has not been 
harvested by the first vessel to which the permit was registered. The 
combined primary season sablefish landings for all vessels registered 
to that permit may not exceed the cumulative limit for the tier 
associated with that permit.
    (iv) A cumulative trip limit is the maximum amount of sablefish 
that may be taken and retained, possessed, or landed per vessel in a 
specified period of time, with no limit on the number of landings or 
trips.
    (c) Limited entry and open access daily trip limit fisheries. (1) 
Before the start of the primary season, all sablefish landings made by 
a vessel authorized under paragraph (a) of this section to participate 
in the primary season will be subject to the restrictions and limits of 
the limited entry daily trip limit fishery for sablefish, which is 
governed by routine management measures imposed under Sec.  660.370(c).
    (2) Following the start of the primary season, all landings made by 
a vessel authorized under paragraph (a) of this section to participate 
in the primary season will count against the primary season cumulative 
limit(s) associated with the permit(s) registered for use with that 
vessel. Once a vessel has reached its total cumulative allowable 
sablefish landings for the primary season under paragraph (b)(3) of 
this section, any subsequent sablefish landings by that vessel will be 
subject to the restrictions and limits of the limited entry daily trip 
limit fishery for sablefish for the remainder of the calendar year.
    (3) Vessels registered for use with a limited entry, fixed gear 
permit that does not have a sablefish endorsement may participate in 
the limited entry, daily trip limit fishery for as long as that fishery 
is open during the year, subject to routine management measures imposed 
under Sec.  660.370.
    (4) Open access vessels may participate in the open access, daily 
trip limit fishery for as long as that fishery is open during the year, 
subject to the routine management measures imposed under Sec.  
660.370(c).
    (d) Trip limits. Trip and/or frequency limits may be imposed in the 
limited entry fishery on vessels that are not participating in the 
primary season under Sec.  660.370(c). Trip and/or size limits to 
protect juvenile sablefish in the limited entry or open-access 
fisheries also may be imposed at any time under Sec.  660.370(c). Trip 
limits may be imposed in the open-access fishery at any time under 
Sec.  660.370(c).

0
19. Section 660.373 is added to read as follows:


Sec.  660.373  Pacific whiting (whiting) fishery management.

    (a) Sectors. The catcher/processor sector is composed of catcher/
processors, which are vessels that harvest and process whiting during a 
calendar year. The mothership sector is composed of motherships and 
catcher vessels that harvest whiting for delivery to motherships. 
Motherships are vessels that process, but do not harvest, whiting 
during a calendar year. The shoreside sector is composed of vessels 
that harvest whiting for delivery to shore-based processors.
    (b) Seasons. The primary seasons for the whiting fishery are: For 
the shore-based sector, the period(s) when the large-scale target 
fishery is conducted (when trip limits under paragraph (b) of this 
section are not in effect); for catcher/processors, the period(s) when 
at-sea processing is allowed and the fishery is open for the catcher/
processor sector; and for vessels delivering to motherships, the 
period(s) when at-sea processing is allowed and the fishery is open for 
the mothership sector. Before and after the primary seasons, trip 
landing or frequency limits may be imposed under Sec.  660.370(c). The 
sectors are defined at Sec.  660.370(a).
    (1) North of 40[deg]30' N. lat. Different starting dates may be 
established for the catcher/processor sector, the mothership sector, 
catcher vessels delivering to shoreside processors north of 42[deg] N. 
lat., and catcher vessels delivering to shoreside processors between 
42[deg]-40[deg]30' N. lat.
    (i) Procedures. The primary seasons for the whiting fishery north 
of 40[deg]30' N. lat. generally will be established according to the 
procedures of the PCGFMP for developing and implementing harvest 
specifications and apportionments. The season opening dates remain in 
effect unless changed, generally with the harvest specifications and 
management measures.
    (ii) Criteria. The start of a primary season may be changed based 
on a recommendation from the Council and consideration of the following 
factors, if applicable: Size of the harvest guidelines for whiting and 
bycatch species; age/size structure of the whiting population; expected 
harvest of bycatch and prohibited species; availability and stock 
status of prohibited species; expected participation by catchers and 
processors; environmental conditions; timing of alternate or competing 
fisheries; industry agreement; fishing or processing rates; and other 
relevant information.
    (2) South of 40[deg]30' N. lat. The primary season starts on April 
15 south of 40[deg]30' N. lat.
    (c) Closed areas. Pacific whiting may not be taken and retained in 
the following portions of the fishery management area:
    (1) Klamath River Salmon Conservation Zone. The ocean area 
surrounding the Klamath River mouth bounded on the north by 
41[deg]38'48'' N. lat. (approximately 6 nm north of the Klamath River 
mouth), on the west by 124[deg]23' W. long. (approximately 12 nm from 
shore), and on the south by 41[deg]26'48'' N. lat. (approximately 6 nm 
south of the Klamath River mouth).
    (2) Columbia River Salmon Conservation Zone. The ocean area 
surrounding the Columbia River mouth bounded by a line extending for 6 
nm due west from North Head along 46[deg]18' N. lat. to 124[deg]13'18'' 
W. long., then southerly along a line of 167 True to 46[deg]11'06'' N. 
lat. and 124[deg]11' W. long. (Columbia River Buoy), then northeast 
along Red Buoy Line to the tip of the south jetty.
    (d) Eureka area trip limits. Trip landing or frequency limits may 
be established, modified, or removed under Sec.  660.370 or Sec.  
660.373, specifying the amount of Pacific whiting that may be

[[Page 42354]]

taken and retained, possessed, or landed by a vessel that, at any time 
during a fishing trip, fished in the fishery management area shoreward 
of the 100-fathom (183-m) contour (as shown on NOAA Charts 18580, 
18600, and 18620) in the Eureka area (from 43[deg]00' to 40[deg]30' N. 
lat.).
    (e) At-sea processing. Whiting may not be processed at sea south of 
42[deg]00' N. lat. (Oregon-California border), unless by a waste-
processing vessel as authorized under paragraph (i) of this section.
    (f) Time of day. Pacific whiting may not be taken and retained by 
any vessel in the fishery management area south of 42[deg]00' N. lat. 
between 0001 hours to one-half hour after official sunrise (local 
time). During this time south of 42[deg]00' N. lat., trawl doors must 
be on board any vessel used to fish for whiting and the trawl must be 
attached to the trawl doors. Official sunrise is determined, to the 
nearest 5[deg] lat., in The Nautical Almanac issued annually by the 
Nautical Almanac Office, U.S. Naval Observatory, and available from the 
U.S. Government Printing Office.
    (g) Bycatch reduction and full utilization program for at-sea 
processors (optional). If a catcher/processor or mothership in the 
whiting fishery carries more than one NMFS-approved observer for at 
least 90 percent of the fishing days during a cumulative trip limit 
period, then groundfish trip limits may be exceeded without penalty for 
that cumulative trip limit period, if the conditions in paragraph 
(g)(1) of this section are met. For purposes of this program, ``fishing 
day'' means a 24-hour period, from 0001 hours through 2400 hours, local 
time, in which fishing gear is retrieved or catch is received by the 
vessel, and will be determined from the vessel's observer data, if 
available. Changes to the number of observers required for a vessel to 
participate in the program will be announced prior to the start of the 
fishery, generally concurrent with the harvest specifications and 
management measures. Groundfish consumed on board the vessel must be 
within any applicable trip limit and recorded as retained catch in any 
applicable logbook or report. [Note: For a mothership, non-whiting 
groundfish landings are limited by the cumulative landings limits of 
the catcher vessels delivering to that mothership.]
    (1) Conditions. Conditions for participating in the voluntary full 
utilization program are as follows:
    (i) All catch must be made available to the observers for sampling 
before it is sorted by the crew.
    (ii) Any retained catch in excess of cumulative trip limits must 
either be: Converted to meal, mince, or oil products, which may then be 
sold; or donated to a bona fide tax-exempt hunger relief organization 
(including food banks, food bank networks or food bank distributors), 
and the vessel operator must be able to provide a receipt for the 
donation of groundfish landed under this program from a tax-exempt 
hunger relief organization immediately upon the request of an 
authorized officer.
    (iii) No processor or catcher vessel may receive compensation or 
otherwise benefit from any amount in excess of a cumulative trip limit 
unless the overage is converted to meal, mince, or oil products. 
Amounts of fish in excess of cumulative trip limits may only be sold as 
meal, mince, or oil products.
    (iv) The vessel operator must contact the NMFS enforcement office 
nearest to the place of landing at least 24 hours before landing 
groundfish in excess of cumulative trip limits for distribution to a 
hunger relief agency. Cumulative trip limits and a list of NMFS 
enforcement offices are found on the NMFS, Northwest Region homepage at 
www.nwr.noaa.gov.
    (v) If the meal plant on board the whiting processing vessel breaks 
down, then no further overages may be retained for the rest of the 
cumulative trip limit period unless the overage is donated to a hunger 
relief organization.
    (vi) Prohibited species may not be retained.
    (vii) Donation of fish to a hunger relief organization must be 
noted in the transfer log (Product Transfer/Offloading Log (PTOL)), in 
the column for total value, by entering a value of ``0'' or 
``donation,'' followed by the name of the hunger relief organization 
receiving the fish. Any fish or fish product that is retained in excess 
of trip limits under this rule, whether donated to a hunger relief 
organization or converted to meal, must be entered separately on the 
PTOL so that it is distinguishable from fish or fish products that are 
retained under trip limits. The information on the Mate's Receipt for 
any fish or fish product in excess of trip limits must be consistent 
with the information on the PTOL. The Mate's Receipt is an official 
document that states who takes possession of offloaded fish, and may be 
a Bill of Lading, Warehouse Receipt, or other official document that 
tracks the transfer of offloaded fish or fish product. The Mate's 
Receipt and PTOL must be made available for inspection upon request of 
an authorized officer throughout the cumulative limit period during 
which such landings occurred and for 15 days thereafter.
    (h) Additional restrictions on catcher/processors. (1) A catcher/
processor may receive fish from a catcher vessel, but that catch is 
counted against the catcher/processor allocation unless the catcher/
processor has been declared as a mothership under paragraph (h)(3) of 
this section.
    (2) A catcher/processor may not also act as a catcher vessel 
delivering unprocessed whiting to another processor in the same 
calendar year.
    (3) When renewing its limited entry permit each year under Sec.  
660.333, the owner of a catcher/processor used to take and retain 
whiting must declare if the vessel will operate solely as a mothership 
in the whiting fishery during the calendar year to which its limited 
entry permit applies. Any such declaration is binding on the vessel for 
the calendar year, even if the permit is transferred during the year, 
unless it is rescinded in response to a written request from the permit 
holder. Any request to rescind a declaration must be made by the permit 
holder and granted in writing by the Regional Administrator before any 
unprocessed whiting has been taken on board the vessel that calendar 
year.
    (i) Processing fish waste at sea. A vessel that processes only fish 
waste (a ``waste-processing vessel'') is not considered a whiting 
processor and therefore is not subject to the allocations, seasons, or 
restrictions for catcher/processors or motherships while it operates as 
a waste-processing vessel. However, no vessel may operate as a waste-
processing vessel 48 hours immediately before and after a primary 
season for whiting in which the vessel operates as a catcher/processor 
or mothership. A vessel must meet the following conditions to qualify 
as a waste-processing vessel:
    (1) The vessel makes meal (ground dried fish), oil, or minced 
(ground flesh) product, but does not make, and does not have on board, 
surimi (fish paste with additives), fillets (meat from the side of the 
fish, behind the head and in front of the tail), or headed and gutted 
fish (head and viscera removed).
    (2) The amount of whole whiting on board does not exceed the trip 
limit (if any) allowed under Sec.  660.370(c).
    (3) Any trawl net and doors on board are stowed in a secured and 
covered manner, and detached from all towing lines, so as to be 
rendered unusable for fishing.
    (4) The vessel does not receive codends containing fish.
    (5) The vessel's operations are consistent with applicable state 
and Federal law, including those governing disposal of fish waste at 
sea.

[[Page 42355]]


0
20. Section 660.390 is added to read as follows:


Sec.  660.390  Groundfish Conservation Areas (GCAs).

    In Sec.  660.302, a GCA is defined as ``a geographic area defined 
by coordinates expressed in latitude and longitude, created and 
enforced for the purpose of contributing to the rebuilding of 
overfished West Coast groundfish species.'' Specific GCAs may be 
defined here in this paragraph, or in the Federal Register, within the 
harvest specifications and management measures process. While some GCAs 
may be designed with the intent that their shape be determined by ocean 
bottom depth contours, their shapes are defined in regulation by 
latitude/longitude coordinates and are enforced by those coordinates. 
Fishing activity that is prohibited or permitted within a particular 
GCA is detailed in Federal Register documents associated with the 
harvest specifications and management measures process.
    (a) Rockfish Conservation Areas (RCAs). RCAs are defined in the 
Federal Register through the harvest specifications and management 
measures process. RCAs may apply to a single gear type or to a group of 
gear types, such as ``trawl RCAs'' or ``non-trawl RCAs''.
    (b) Cowcod Conservation Areas (CCAs). (1) The Western CCA is an 
area south of Point Conception that is bound by straight lines 
connecting all of the following points in the order listed:
    33[deg]50' N. lat., 119[deg]30' W. long.;
    33[deg]50' N. lat., 118[deg]50' W. long.;
    32[deg]20' N. lat., 118[deg]50' W. long.;
    32[deg]20' N. lat., 119[deg]37' W. long.;
    33[deg]00' N. lat., 119[deg]37' W. long.;
    33[deg]00' N. lat., 119[deg]53' W. long.;
    33[deg]33' N. lat., 119[deg]53' W. long.;
    33[deg]33' N. lat., 119[deg]30' W. long.;
    and connecting back to 33[deg]50' N. lat., 119[deg]30' W. long.
    (2) The Eastern CCA is a smaller area west of San Diego that is 
bound by straight lines connecting all of the following points in the 
order listed:
    32[deg]42' N. lat., 118[deg]02 W. long.;
    32[deg]42' N. lat., 117[deg]50 W. long.;
    32[deg]36'42'' N. lat., 117[deg]50' W. long.;
    32[deg]30' N. lat., 117[deg]53'30'' W. long.;
    32[deg]30' N. lat., 118[deg]02 W. long.;
    and connecting back to 32[deg]42' N. lat., 118[deg]02' W. long.
    (c) Yelloweye Rockfish Conservation Area (YRCA). The YRCA is a C-
shaped area off the northern Washington coast that is bound by straight 
lines connecting all of the following points in the order listed:
    48[deg]18' N. lat., 125[deg]18' W. long.;
    48[deg]18' N. lat., 124[deg]59' W. long.;
    48[deg]11' N. lat., 124[deg]59' W. long.;
    48[deg]11' N. lat., 125[deg]11' W. long.;
    48[deg]04' N. lat., 125[deg]11' W. long.;
    48[deg]04' N. lat., 124[deg]59' W. long.;
    48[deg]00' N. lat., 124[deg]59' W. long.;
    48[deg]00' N. lat., 125[deg]18' W. long.; and connecting back to 
48[deg]18' N. lat., 125[deg]18' W. long.
[FR Doc. 04-15823 Filed 7-14-04; 8:45 am]
BILLING CODE 3510-22-S