[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Rules and Regulations]
[Pages 68764-68773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27417]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 130528511-3935-02]
RIN 0648-BD31


Fisheries Off West Coast States; Pacific Coast Groundfish Fishery 
Management Plan; Commercial, Limited Entry Pacific Coast Groundfish 
Fishery; Program Improvement and Enhancement

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

ACTION: Final rule.

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SUMMARY: This action implements revisions to the Pacific coast 
groundfish trawl rationalization program (program), a catch share 
program, and includes clarifications of regulations that affect the 
limited entry trawl and limited entry fixed gear sectors managed under 
the Pacific Coast Groundfish Fishery Management Plan (FMP). This action 
implements trailing actions for the program that are either original 
provisions of the program, such as quota share (QS) permit application 
and transfer regulations, or are provisions that increase flexibility 
or efficiency, or address minor revisions/clarifications.

DATES: Effective on January 1, 2014, except for the amendments to Sec.  
660.140(e)(3)(iii)(B), which will be effective December 15, 2013.

[[Page 68765]]


ADDRESSES: NMFS prepared a Final Regulatory Flexibility Analysis 
(FRFA), which is summarized in the Classification section of this final 
rule. Copies of the FRFA and the Small Entity Compliance Guide are 
available from William W. Stelle, Jr., Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070; or 
by phone at 206-526-6150. Copies of the Small Entity Compliance Guide 
are also available on the West Coast Region's Web site at http://www.westcoast.fisheries.noaa.gov/index.html.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to William W. Stelle, Jr., Regional 
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070, and to OMB by email to [email protected], or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Ariel Jacobs, 206-526-4491; (fax) 206-
526-6736; [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    In January 2011, NMFS implemented the trawl rationalization program 
for the Pacific coast groundfish fishery's trawl fleet (75 FR 78344; 
Dec. 15, 2010). The program was adopted in 2010 through Amendments 20 
and 21 to the FMP and consists of an Individual Fishing Quota (IFQ) 
program for the shorebased trawl fleet (including whiting and non-
whiting fisheries); and cooperative (coop) programs for the at-sea 
mothership and catcher/processor trawl fleets (whiting only). Since 
that time, the Pacific Fishery Management Council (Council) and NMFS 
have been addressing implementation issues as they arise, some of which 
are the subject of this final rule. This action includes the following, 
by category of (A) implementation of original program, (B) increasing 
flexibility or efficiency, and (C) minor revisions/clarifications:

(A) Implementation of Original Program

    1. Establish quota share (QS) permit application and QS transfer 
regulations.

(B) Increasing Flexibility or Efficiency

    2. Clarify exceptions for lenders from control rules,
    3. Change the opt-out requirement for quota pound (QP) deficits,
    4. Eliminate double filing of co-op reports (November and March),
    5. Revise first receiver site license requirements (FRSL), 
including site inspection and expiration date, and
    6. Remove end of the year ban on QP transfers between vessel 
accounts.

(C) Minor Revisions/Clarifications

    7. Remove the term ``permit holder'' from groundfish regulations 
and replace with ``vessel owner,'' ``permit owner,'' or ``owner of a 
vessel registered to a limited entry permit,'' as applicable,
    8. Revise the process for a permit holder (vessel owner) to change 
their vessel ownership,
    9. Clarify that the processor obligation may be to more than one MS 
permit,
    10. Revise the mothership catcher vessel (MS/CV) endorsement 
restriction given severability,
    11. Clarify sorting requirement for full retention so ``predominant 
species'' means only one species,
    12. Clarify the accumulation limits calculation for compliance with 
the annual QP vessel limit in vessel accounts,
    13. Add a prohibition against failing to establish a new vessel 
account, following a change in vessel ownership, prior to fishing in 
the Shorebased IFQ program, and
    14. Add a prohibition against landing fish from an IFQ trip to a 
first receiver without a valid FRSL.
    Each of these items, along with additional background information, 
was described in detail in the proposed rule (78 FR 43125, July 19, 
2013), and that information is not repeated here.
    NMFS is currently involved in ongoing litigation regarding the 
initial allocation of whiting quota to the shoreside and mothership 
sectors of the trawl rationalization program. The outcome of this 
litigation may affect existing quota share allocation amounts, and 
could potentially affect or delay quota share trading, which is 
scheduled to begin January 1, 2014 under existing regulations (78 FR 
18879).

Comments and Responses

    NMFS solicited public comment on the second program improvement and 
enhancement rule (``PIE 2'') (78 FR 43125, July 19, 2013). The proposed 
rule also included a collection-of-information requirement subject to 
review and approval under the Paperwork Reduction Act (PRA). Public 
comment was also sought regarding potential impacts to the public due 
to this collection of information requirement. The comment period ended 
on August 19, 2013; no public comments were received on either the 
proposed rule or the collection of information requirement.

Changes From the Proposed Rule

    No changes were made from the proposed rule.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Pacific Coast Groundfish FMP, other 
provisions of the MSA, and other applicable law.
    The Council prepared a final environmental impact statement (EIS) 
for Amendment 20 and Amendment 21 to the Pacific Coast Groundfish FMP. 
The Amendment 20 and 21 EISs are available on the Council's Web site at 
http://www.pcouncil.org/. The regulatory changes in this rule were 
categorically excluded from the requirement to prepare a NEPA analysis.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The preamble to the proposed rule (78 FR 43125, July 19, 2013) 
included a detailed summary of the analyses contained in the IRFA. 
NMFS, pursuant to section 604 of the Regulatory Flexibility Act (RFA), 
prepared a FRFA in support of this rule. The FRFA incorporates the 
IRFA, a summary of the significant issues raised by the public comments 
in response to the IRFA, NMFS' responses to those comments, and a 
summary of the analyses completed to support the action. A copy of the 
FRFA is available from NMFS (see ADDRESSES) and a summary of the FRFA, 
per the requirements of 5 U.S.C. 604(a), follows:
    As described above, this action implements revisions to the Pacific 
Coast Groundfish Trawl Rationalization Program (program), a catch share 
program. This action implements trailing actions that either implement 
original provisions of the program, modify it to increase the 
industry's flexibility or efficiency, or make minor revisions/
clarifications to the existing regulations. There were no significant 
issues raised by the public comments in response to the IRFA. No public 
comments were received on either the proposed rule or the collection of 
information requirement.
    As discussed in the proposed rule, this rule affects the following 
sectors/programs: Shorebased Individual Fishing Quota (IFQ) Program--
Trawl Fishery, Mothership Coop (MS) Program--Whiting At-sea Trawl 
Fishery, and Catcher-Processor (C/P) Coop Program--Whiting At-sea Trawl 
Fishery. In 2012, these fleets generated about $79 million in ex-vessel 
revenue: $11 million by the MS sector, $16 million by the CP sector, 
and $52 million by the Shorebased IFQ Program. This rule also affects 
lenders that provide short-term inventory, credit, agricultural 
lending, and consumer cash

[[Page 68766]]

lending secured by personal property (NAICS 522298--All Other 
Nondepository Credit Intermediation).
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the US, including fish 
harvesting and fish processing businesses. However, since publication 
of the proposed rule, a final rule was issued by the SBA that increased 
the size standard for Finfish Fishing from $4.0 million to $19 million 
(78 FR 37398). A business involved in fish harvesting is a small 
business if it is independently owned and operated and not dominant in 
its field of operation (including its affiliates) and if it has 
combined annual receipts not in excess of $19.0 million for all its 
affiliated operations worldwide. A seafood processor is a small 
business if it is independently owned and operated, not dominant in its 
field of operation, and employs 500 or fewer persons on a full-time, 
part-time, temporary, or other basis, at all its affiliated operations 
worldwide. Prior to SBA's recent changes to the size standards for 
commercial harvesters, a business involved in both the harvesting and 
processing of seafood products, also referred to as a catcher/processor 
(CP), was considered a small business if it met the $4.0 million 
criterion for commercial fish harvesting operations. In light of the 
new size standards for commercial harvesters, NMFS is reviewing the 
size standard for CPs. However, for purposes of this rulemaking, NMFS 
is applying the $19.0 million standard because whiting CPs are involved 
in the commercial harvest of finfish. For NAICS 522298 lenders, the 
size standard is $7.0 million.
    As part of the permit application processes for the non-tribal 
fisheries, applicants are asked if they considered themselves a 
``small'' business and to provide detailed ownership information. Many 
companies participate in two or more of these sectors. All MS/CV 
participants are involved in the shorebased IFQ sector while two of the 
three CP companies also participate in both the shorebased IFQ sector 
and in the MS sector. Many companies own several QS accounts and vessel 
accounts. Taking into account cross participation, multiple accounts, 
and affiliation between entities, NMFS estimates that there are 145 
fishery related entities directly affected by these proposed 
regulations, 102 of which are considered to be ``small'' businesses. 
Overall, NMFS estimates that there are approximately 730 affected 
entities, 695 of which are ``small'' businesses.
    The change in the size standard for vessels that harvest finfish 
does not change NMFS' conclusions about this rule. This rule is 
administrative in nature and will not have a significant, negative 
impact on small entities. Some of these changes were recommended by the 
industry to increase flexibility or efficiency. This rule is likely to 
have beneficial effects on small entities. Instituting provisions that 
allow fishermen to trade their quota shares should allow fishermen and 
the fishery to achieve the full benefits of the IFQ program as 
identified in (75 FR 78344; Dec. 15, 2010). Increasing the availability 
of loans to fishermen by providing non-traditional lenders increased 
opportunity to make additional loans should also be beneficial to small 
entities.
    No Federal rules have been identified that duplicate, overlap, or 
conflict with the alternatives. Public comment is hereby solicited, 
identifying such rules.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide (the guide) 
was prepared. Copies of this final rule are available from the West 
Coast Regional Office, and the guide will be sent to all limited entry 
and quota share permit owners, vessel account holders, and first 
receiver site license holders for the fishery. The guide and this final 
rule will also be available on the West Coast Region's Web site (see 
ADDRESSES) and upon request.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) that has been approved by 
OMB under control number 0648-0620. NMFS received no comments on the 
proposed rule regarding this information collection. Public reporting 
burden for the QS permit/account application form is estimated to 
average 30 minutes per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Public reporting burden for the online QS 
transfer form is estimated to average 10 minutes per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Public reporting burden for 
the online QP transfer form (from a QS account to a vessel account, or 
vessel account to another vessel account) is estimated to average 8 
minutes per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Public reporting burden for the trawl identification of ownership 
interest form for new entrants, including lenders, is estimated to 
average 45 minutes per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Public reporting burden for the first 
receiver site license application form for re-registering applicants is 
estimated to average 110 minutes per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Public reporting burden for the mothership 
cooperative permit application form is estimated to average 4 hours per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Public 
reporting burden for the catcher/processor cooperative permit 
application form is estimated to average 2 hours per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Send comments on these or any 
other aspects of the collection of information, including suggestions 
for reducing the burden, to NMFS, West Coast Region at the ADDRESSES 
above, and email to [email protected], or fax to (202) 395-
7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    This final rule was developed after meaningful collaboration, 
through the Council process, with the tribal

[[Page 68767]]

representative on the Council. The regulations have no direct effect on 
the tribes.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: November 8, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the 
functions and duties of the Assistant Administrator for Fisheries, 
National Marine Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

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

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


Sec.  660.11  [Amended]

0
2. In Sec.  660.11, remove the definition for ``Permit holder''.
0
3. In Sec.  660.12, revise paragraph (a)(8) to read as follows:


Sec.  660.12  General groundfish prohibitions.

* * * * *
    (a) * * *
    (8) 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, scientific sorting designation, quota, harvest 
guideline, ACT, ACL or OY, if the vessel fished or landed in an area 
during a time when such trip limit, size limit, scientific sorting 
designation, quota, harvest guideline, ACT, ACL or OY applied; except 
as specified at Sec.  660.130(d).
* * * * *

0
4. In Sec.  660.25:
0
a. Revise paragraphs (b)(3)(ii), (b)(3)(iv)(C)(4), (b)(3)(vii), and the 
heading of paragraph (b)(4);
0
b. Add paragraph (b)(4)(i)(G); and
0
c. Revise the heading of paragraph (b)(4)(iv), and paragraphs 
(b)(4)(iv)(A) through (C), (b)(4)(v)(B) and (D), (b)(4)(vi)(B), 
(b)(4)(vii) introductory text, (b)(4)(vii)(A) through (C), 
(b)(4)(viii), and (g)(1).
    The revisions and addition read as follows:


Sec.  660.25  Permits.

* * * * *
    (b) * * *
    (3) * * *
    (ii) Gear endorsement. There are three types of gear endorsements: 
Trawl, longline, and pot (trap). When limited entry ``A''-endorsed 
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 ``A''-endorsed 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 ``A''-endorsed permit is authorized to fish the 
gear(s) endorsed on the permit. While participating in the limited 
entry, fixed gear primary fishery for sablefish described at Sec.  
660.231, 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. Vessels 
registered to limited entry permits may be used to fish with open 
access gear, subject to the crossover provisions at Sec.  
660.60(h)(7)(ii), except that vessels registered to sablefish-endorsed 
permits fishing in the sablefish primary season described at Sec.  
660.231, may not fish with open access gear against those limits. An MS 
permit does not have a gear endorsement.
* * * * *
    (iv) * * *
    (C) * * *
    (4) Any partnership or corporation with any ownership interest in a 
limited entry permit with a sablefish endorsement or in the vessel 
registered to the permit shall document the extent of that ownership 
interest with NMFS via the Identification of Ownership Interest Form 
sent to the permit owner through the annual permit renewal process and 
whenever a change in permit owner, vessel owner, and/or vessel 
registration occurs as described at paragraph (b)(4)(iv) and (v) of 
this section. NMFS will not renew a sablefish-endorsed limited entry 
permit through the annual renewal process described at paragraph 
(b)(4)(i) of this section, or approve a change in permit owner, vessel 
owner, and/or vessel registration unless the Identification of 
Ownership Interest Form has been completed. Further, if NMFS discovers 
through review of the Identification of Ownership Interest Form that an 
individual person, partnership, or corporation owns or holds more than 
3 permits and is not authorized to do so under paragraph 
(b)(3)(iv)(C)(2) of this section, the individual person, partnership or 
corporation will be notified and the permits owned or held by that 
individual person, partnership, or corporation will be void and 
reissued with the vessel status as ``unidentified'' until the permit 
owner owns and/or holds a quantity of permits appropriate to the 
restrictions and requirements described in paragraph (b)(3)(iv)(C)(2) 
of this section. If NMFS discovers through review of the Identification 
of Ownership Interest Form that a partnership or corporation has had a 
change in membership since November 1, 2000, as described in paragraph 
(b)(3)(iv)(C)(3) of this section, the partnership or corporation will 
be notified, NMFS will void any existing permits, and reissue any 
permits owned and/or held by that partnership or corporation in 
``unidentified'' status with respect to vessel registration until the 
partnership or corporation is able to register ownership of those 
permits to persons authorized under this section to own sablefish-
endorsed limited entry permits.
* * * * *
    (vii) Endorsement and exemption restrictions. ``A'' endorsements, 
gear endorsements, sablefish endorsements and sablefish tier 
assignments, and C/P endorsements may not be registered to another 
permit owner (i.e., change in permit ownership or ownership interest) 
or to another vessel (i.e., change in vessel registration) separately 
from the limited entry permit. At-sea processing exemptions, specified 
at paragraph (b)(6) of this section, are associated with the vessel and 
not with the limited entry permit and may not be registered to another 
permit owner or to another vessel without losing the exemption.
    (4) Limited entry permit actions--renewal, combination, stacking, 
change of permit owner or vessel owner, and change in vessel 
registration.
    (i) * * *
    (G) At the time of renewal, NMFS will notify owners of limited 
entry permits and vessel owners if vessel ownership information for a 
vessel registered to the permit is not current. NMFS will not renew a 
limited entry permit registered to a vessel for which vessel ownership 
information is not current.
* * * * *
    (iv) Changes in permit owner and/or vessel owner -- (A) General. 
Change in permit owner and/or vessel owner applications must be 
submitted to NMFS with the appropriate documentation described at 
paragraphs (b)(4)(vii) and (viii) of this section. The permit owner may 
convey the limited entry permit to a different person. The new permit 
owner will not be authorized to use the permit until the change in 
permit owner has been registered with and approved by NMFS. NMFS will 
not approve a change in

[[Page 68768]]

permit owner for a limited entry permit with a sablefish endorsement 
that does not meet the ownership requirements for such permit described 
at paragraph (b)(3)(iv)(C) of this section. NMFS will not approve a 
change in permit owner for a limited entry permit with an MS/CV 
endorsement or an MS permit that does not meet the ownership 
requirements for such permit described at Sec.  660.150(g)(3), and 
Sec.  660.150(f)(3), respectively. NMFS considers the following as a 
change in permit owner that would require registering with and approval 
by NMFS, including but not limited to: Selling the permit to another 
individual or entity; adding an individual or entity to the legal name 
on the permit; or removing an individual or entity from the legal name 
on the permit. A change in vessel owner includes any changes to the 
name(s) of any or all vessel owners, as registered with USCG or a 
state. The new owner(s) of a vessel registered to a limited entry 
permit must report any change in vessel ownership to NMFS within 30 
calendar days after such change has been registered with the USCG or a 
state licensing agency.
    (B) Effective date. The change in permit ownership or change in the 
vessel holding the permit will be effective on the day the change is 
approved by NMFS, unless there is a concurrent change in the vessel 
registered to the permit. Requirements for changing the vessel 
registered to the permit are described at paragraph (b)(4)(v) of this 
section.
    (C) Sablefish-endorsed permits. If a permit owner submits an 
application to register a sablefish-endorsed limited entry permit to a 
new permit owner or vessel owner during the primary sablefish season 
described at Sec.  660.231 (generally April 1 through October 31), the 
initial permit owner must certify on the application form the 
cumulative quantity, in round weight, of primary season sablefish 
landed against that permit as of the application signature date for the 
then current primary season. The new permit owner or vessel owner must 
sign the application form acknowledging the amount of landings to date 
given by the initial permit owner. This certified amount should match 
the total amount of primary season sablefish landings reported on state 
landing receipts. As required at Sec.  660.12(b), any person landing 
sablefish must retain on board the vessel from which sablefish is 
landed, and provide to an authorized officer upon request, copies of 
any and all reports of sablefish landings from the primary season 
containing all data, and in the exact manner, required by the 
applicable state law throughout the primary sablefish season during 
which a landing occurred and for 15 days thereafter.
* * * * *
    (v) * * *
    (B) Application. Change in vessel registration applications must be 
submitted to NMFS with the appropriate documentation described at 
paragraphs (b)(4)(vii) and (viii) of this section. At a minimum, a 
permit owner seeking to change vessel registration of a limited entry 
permit shall submit to NMFS a signed application form and his/her 
current limited entry permit before the first day of the cumulative 
limit period in which they wish to fish. If a permit owner provides a 
signed application and current limited entry permit after the first day 
of a cumulative limit period, the permit will not be effective until 
the succeeding cumulative limit period. NMFS will not approve a change 
in vessel registration until it receives a complete application, the 
existing permit, a current copy of the USCG 1270, and other required 
documentation.
* * * * *
    (D) Sablefish-endorsed permits. If a permit owner submits an 
application to register a sablefish-endorsed limited entry permit to a 
new vessel during the primary sablefish season described at Sec.  
660.231 (generally April 1 through October 31), the initial permit 
owner must certify on the application form the cumulative quantity, in 
round weight, of primary season sablefish landed against that permit as 
of the application signature date for the then current primary season. 
The new permit owner or vessel owner associated with the new vessel 
must sign the application form acknowledging the amount of landings to 
date given by the initial permit owner. This certified amount should 
match the total amount of primary season sablefish landings reported on 
state landing receipts. As required at Sec.  660.12(b), any person 
landing sablefish must retain on board the vessel from which sablefish 
is landed, and provide to an authorized officer upon request, copies of 
any and all reports of sablefish landings from the primary season 
containing all data, and in the exact manner, required by the 
applicable state law throughout the primary sablefish season during 
which a landing occurred and for 15 days thereafter.
* * * * *
    (vi) * * *
    (B) Limited entry fixed gear and trawl-endorsed permits (without 
MS/CV or C/P endorsements). Limited entry fixed gear and trawl-endorsed 
permits (without MS/CV or C/P endorsements) may not be registered for 
use with a different vessel more than once per calendar year, except in 
cases of death of a vessel owner or if the vessel registered to the 
permit is totally lost as defined in Sec.  660.11. The exception for 
death of a vessel owner applies for a vessel owned by a partnership or 
a corporation if the person or persons with at least 50 percent of the 
ownership interest in the entity dies.
* * * * *
    (vii) Application and supplemental documentation. Permit owners may 
request a change in vessel registration and/or change in permit owner 
or vessel owner by submitting a complete application form. In addition, 
a permit owner applying for a change in vessel registration and/or 
change in permit owner of a limited entry permit has the burden to 
submit evidence to prove that qualification requirements are met. If a 
change in vessel owner occurs, the new vessel owner has the burden to 
submit evidence to prove that qualification requirements are met. The 
following evidentiary standards apply:
    (A) For a request to change a vessel registration and/or change a 
permit owner or vessel owner, the permit owner must provide NMFS with a 
current copy of the USCG Form 1270 for vessels of 5 net tons or 
greater, or a current copy of a state registration form for vessels 
under 5 net tons.
    (B) For a request to change a vessel registration and/or change a 
permit owner or vessel owner for sablefish-endorsed permits with a tier 
assignment for which a corporation or partnership is listed as permit 
owner and/or vessel owner, an Identification of Ownership Interest Form 
must be completed and included with the application form.
    (C) For a request to change a permit owner for an MS permit or for 
a request to change a vessel registration and/or change a permit owner 
or vessel owner for an MS/CV-endorsed limited entry trawl permit, an 
Identification of Ownership Interest Form must be completed and 
included with the application form.
* * * * *
    (viii) Application forms available. Application forms for a change 
in vessel registration, permit owner, or vessel owner are available at: 
NMFS West Coast Region, Sustainable Fisheries Division, ATTN: Fisheries 
Permit Office, 7600 Sand Point Way NE., Seattle, WA 98115; or http://www.westcoast.fisheries.noaa.gov/fisheries/management/groundfish_permits/limited_entry_permits.html.

[[Page 68769]]

Contents of the application, and required supporting documentation, are 
also specified in the application form. Only complete applications will 
be processed.
* * * * *
    (g) * * *
    (1) General. For permit actions, including issuance, renewal, 
change in vessel registration and/or change in permit owner or vessel 
owner, and endorsement upgrade, the Assistant Regional Administrator 
for Sustainable Fisheries will make an IAD on the action. In cases 
where the applicant disagrees with the IAD, the applicant may appeal 
that decision. Final decisions on appeals of IADs regarding issuance, 
renewal, change in vessel registration and/or change in permit owner or 
vessel owner, and endorsement upgrade, will be made in writing by the 
Regional Administrator acting on behalf of the Secretary of Commerce 
and will state the reasons therefore. This section describes the 
procedures for appealing the IAD on permit actions made in this title 
under subparts C through G of part 660. Additional information 
regarding appeals of an IAD related to the trawl rationalization 
program is contained in the specific program sections under subpart D 
of part 660.
* * * * *

0
5. In Sec.  660.111, under the definition of ``Accumulation limits'', 
revise paragraph (1)(ii) to read as follows:


Sec.  660.111  Trawl fishery--definitions.

* * * * *
    Accumulation limits * * *
    (1) * * *
    (ii) Vessel limits means the maximum amount of QP a vessel can 
hold, acquire, and/or use during a calendar year, and specify the 
maximum amount of QP that may be registered to a single vessel during 
the year (QP Vessel Limit) and, for some species, the maximum amount of 
unused QP registered to a vessel account at any one time (Unused QP 
Vessel Limit), as described at Sec.  660.140(e)(4). Compliance with the 
QP vessel limit (annual limit) is calculated as all QPs transferred in 
minus all QPs transferred out of the vessel account.
* * * * *

0
6. In Sec.  660.112, add paragraphs (b)(1)(xvi) and (xvii), and revise 
paragraph (b)(2)(ii) to read as follows:


Sec.  660.112  Trawl fishery--prohibitions.

* * * * *
    (b) * * *
    (1) * * *
    (xvi) Fail to establish a new registered vessel account in the name 
of the current vessel owner, following a change in ownership of a 
vessel, prior to fishing in the Shorebased IFQ Program with that 
vessel.
    (xvii) Land groundfish taken and retained during an IFQ trip, from 
the vessel that harvested the fish, to a first receiver that does not 
hold a valid first receiver site license for the physical location 
where the IFQ landing occurred.
* * * * *
    (2) * * *
    (ii) Fail to sort fish received from a IFQ landing prior to first 
weighing after offloading as specified at Sec.  660.130(d)(2) for the 
Shorebased IFQ Program, with the following exception. Vessels with a 
valid Shorebased IFQ Program declaration as specified at Sec.  
660.13(d)(5)(iv)(A) making an IFQ landing, may weigh catch on a bulk 
scale or automatic hopper scale before sorting as described at Sec.  
660.140(j)(2)(viii), for Pacific whiting taken with midwater trawl 
gear, and at Sec.  660.140(j)(2)(ix)(A), for all other IFQ landings. 
For this exception, all catch in the landing other than the single 
predominant species must then be reweighed. The weight of a single 
predominant species is determined by deducting the weight of all other 
species from the total weight of the landing.
* * * * *

0
7. In Sec.  660.113, revise paragraphs (c)(3) and (d)(3) to read as 
follows:


Sec.  660.113  Trawl fishery--recordkeeping and reporting.

* * * * *
    (c) * * *
    (3) Annual coop report. The designated coop manager for the 
mothership coop must submit an annual report to NMFS and the Council by 
March 31 each year, before a coop permit is issued for that year. The 
annual coop report will contain information about the previous year's 
fishery, including:
    (i) The mothership sector's annual allocation of Pacific whiting 
and the permitted mothership coop allocation;
    (ii) The mothership coop's actual retained and discarded catch of 
Pacific whiting, salmon, Pacific halibut, rockfish, groundfish, and 
other species on a vessel-by-vessel basis;
    (iii) A description of the method used by the mothership coop to 
monitor performance of coop vessels that participated in the fishery;
    (iv) A description of any actions taken by the mothership coop in 
response to any vessels that exceed their allowed catch and bycatch; 
and
    (v) Plans for the current year's mothership coop fishery, including 
the companies participating in the cooperative, the harvest agreement, 
and catch monitoring and reporting requirements.
* * * * *
    (d) * * *
    (3) Annual coop report. The designated coop manager for the C/P 
coop must submit an annual report to NMFS and the Council by March 31 
each year, before a coop permit is issued for that year. The annual 
coop report will contain information about the previous year's fishery, 
including:
    (i) The C/P sector's annual allocation of Pacific whiting;
    (ii) The C/P coop's actual retained and discarded catch of Pacific 
whiting, salmon, Pacific halibut, rockfish, groundfish, and other 
species on a vessel-by-vessel basis;
    (iii) A description of the method used by the C/P coop to monitor 
performance of cooperative vessels that participated in the fishery;
    (iv) A description of any actions taken by the C/P coop in response 
to any vessels that exceed their allowed catch and bycatch; and
    (v) Plans for the current year's C/P coop fishery, including the 
companies participating in the cooperative, the harvest agreement, and 
catch monitoring and reporting requirements.
* * * * *

0
8. In Sec.  660.130, revise paragraphs (d)(2)(i), (d)(2)(ii) and 
(d)(3)(i) to read as follows:


Sec.  660.130  Trawl fishery--management measures.

* * * * *
    (d) * * *
    (2) * * *
    (i) First receivers. Fish landed at IFQ first receivers (including 
shoreside processing facilities and buying stations that intend to 
transport catch for processing elsewhere) must be sorted, prior to 
first weighing after offloading from the vessel and prior to transport 
away from the point of landing, with the following exception. Vessels 
with a valid Shorebased IFQ Program declaration as specified at Sec.  
660.13(d)(5)(iv)(A) making an IFQ landing, may weigh catch on a bulk 
scale or automatic hopper scale before sorting as described at Sec.  
660.140(j)(2)(viii), for Pacific whiting taken with midwater trawl 
gear, and at Sec.  660.140(j)(2)(ix)(A), for all other IFQ landings. 
For this exception, all catch in the landing other than the single 
predominant species must then be reweighed. The weight of a single 
predominant species is determined by deducting the weight of all other 
species from the total weight of landing.

[[Page 68770]]

    (ii) Catcher vessels. All catch must be sorted to the species 
groups specified in paragraph (d)(1) of this section for vessels with 
limited entry permits, except those retaining all catch during a IFQ 
trip. The catch must not be discarded from the vessel and the vessel 
must not mix catch from hauls until the observer has sampled the catch. 
Prohibited species must be sorted according to the following species 
groups: Dungeness crab, Pacific halibut, Chinook salmon, other salmon. 
Non-groundfish species must be sorted as required by the state of 
landing.
    (3) * * *
    (i) Pacific whiting at-sea processing vessels may use an accurate 
in-line conveyor or hopper type scale to derive an accurate total catch 
weight prior to sorting. Immediately following weighing of the total 
catch, the catch must be sorted to the species groups specified in 
paragraph (d)(1) of this section and all incidental catch (groundfish 
and non-groundfish species) must be accurately accounted for and the 
weight of incidental catch deducted from the total catch weight to 
derive the weight of a single predominant species.
* * * * *

0
9. In Sec.  660.140,
0
a. Revise paragraph (b)(1)(iii);
0
b. Add paragraph (d)(2)(iii), revise paragraphs (d)(3)(i)(A) and (C), 
(d)(3)(ii)(B)(2) and (d)(3)(ii)(B)(3)(ii), remove paragraph 
(d)(3)(ii)(B)(3)(iii), and revise paragraph (d)(4)(iii);
0
c. Revise paragraphs (e)(3)(iii)(B), (e)(4)(i), and (e)(5)(ii)(A);
0
d. Revise paragraphs (f)(2)(ii), (f)(3) introductory text, (f)(3)(i) 
and (ii), (f)(3)(iii)(A) and (B), add paragraph (f)(3)(iii)(C)(12), and 
revise paragraph (f)(3)(iii)(D);
0
e. Revise paragraphs (f)(5) and (f)(6); and
0
f. Revise paragraphs (j)(2)(viii) and (j)(2)(ix)(B), to read as 
follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (b) * * *
    (1) * * *
    (iii) All IFQ species/species group catch (landings and discards) 
must be covered by QP or IBQ pounds. Any deficit (negative balance in a 
vessel account) must be cured within 30 calendar days from the date the 
deficit from that trip is documented in the vessel account, unless the 
deficit is within the limits of the carryover provision at paragraph 
(e)(5) of this section, in which case the vessel account owner must 
declare out of the Shorebased IFQ Program, and must eliminate the 
deficit prior to re-entry into the fishery in the current year, or 
within 30 days after the issuance of QP or IBQ pounds for the following 
year.
* * * * *
    (d) * * *
    (2) * * *
    (iii) QS permit application process. NMFS will accept a QS permit 
application from January 1 to November 30 of each calendar year. QS 
permit applications received between December 1 and December 31 will be 
processed by NMFS in the following calendar year. NMFS will issue only 
one QS permit to each unique person, as defined at Sec.  660.11 subject 
to the eligibility requirements at paragraph (d)(2)(i) of this section. 
Each applicant must submit a complete application. A complete 
application includes a QS permit application form, payment of required 
fees, complete documentation of QS permit ownership on the Trawl 
Identification of Ownership Interest Form as required under paragraph 
(d)(4)(iv) of this section, and a complete economic data collection 
form if required under Sec.  660.114. NMFS may require additional 
documentation as it deems necessary to make a determination on the 
application. The QS permit application will be considered incomplete 
until the required information is submitted.
    (A) Initial administrative determination. For all complete 
applications, NMFS will issue an IAD that either approves or 
disapproves the application. If approved, the QS permit serves as the 
IAD. If disapproved, the IAD will provide the reasons for this 
determination. If the applicant does not appeal the IAD within 30 
calendar days, the IAD becomes the final decision of the Regional 
Administrator acting on behalf of the Secretary of Commerce.
    (B) Effective date. The QS permit is effective on the date given on 
the permit and remains effective until the end of the calendar year.
    (C) Appeals. If NMFS does not accept the QS permit application, the 
applicant may appeal the IAD consistent with the general permit appeals 
process defined at Sec.  660.25(g).
    (3) * * *
    (i) * * *
    (A) QS permits expire at the end of each calendar year, and must be 
renewed between October 1 and November 30 of each year in order to 
remain in effect the following year. A complete QS permit renewal 
package must be received by NMFS no later than November 30 to be 
accepted by NMFS. A QS permit owner may submit a paper renewal package 
after January 1 of the following year as described in paragraph 
(d)(3)(i)(C) of this section.
* * * * *
    (C) A complete QS permit renewal package must be received by 
November 30 of each calendar year. If a complete QS permit renewal 
package is not received by November 30, NMFS will not renew the QS 
permit, the associated QS account will not be activated in the 
following calendar year, and QS may not be transferred. NMFS will not 
issue QP or IBQ pounds associated with the non-renewed QS permit for 
that year. Any QP or IBQ pounds derived from the QS or IBQ in the 
inactive QS account will be distributed to the active QS accounts in 
proportion to the QS or IBQ for each IFQ species given on the renewed 
QS permit. If a QS permit is not renewed during the October 1 through 
November 30 renewal period, the QS permit owner may renew after January 
1 in the following year by submission of a paper renewal application, 
or may renew the QS permit during the next October 1 through November 
30 renewal period. For renewals submitted after January 1, QPs 
allocated as specified at paragraph (d)(1) of this section will not be 
allocated to the QS account in that year. The QS permit owner will be 
able to transfer QS percentages from the time the QS account is 
activated until November 30 of that calendar year.
* * * * *
    (ii) * * *
    (B) * * *
    (2) Transfer of QS or IBQ between QS accounts. Beginning January 1, 
2014, QS permit owners may transfer QS (except for widow rockfish QS) 
or IBQ to another owner of a QS permit, subject to accumulation limits 
and approval by NMFS. The prohibition on transferability of widow 
rockfish QS is extended indefinitely pending final action on 
reallocation of widow rockfish QS, or a NMFS determination that no such 
reallocation will occur, except under U.S. court order or authorization 
and as approved by NMFS. QS or IBQ is transferred as a percent, 
divisible to one-thousandth of a percent (i.e., greater than or equal 
to 0.001%). QS or IBQ cannot be transferred to a vessel account. Owners 
of non-renewed QS permits may not transfer QS. QP in QS accounts cannot 
be transferred between QS accounts. NMFS will allocate QP based on the 
QS percentages as listed on a QS permit that was renewed during the 
previous October 1 through November 30 renewal period. QS transfers 
will be recorded in the QS account but will not become effective for 
purposes of allocating QPs until the

[[Page 68771]]

following year. QS or IBQ may not be transferred between December 1 
through December 31 each year. Any QS transaction that is pending as of 
December 1 will be administratively retracted. NMFS will allocate QP 
for the following year based on the QS percentages as of December 1 of 
each year.
* * * * *
    (3) * * *
    (ii) The QS account transfer function will be reactivated by NMFS 
from the date that QS accounts are credited with additional QP to allow 
QS permit owners to transfer QP to vessel accounts only for those IFQ 
species with additional QP.
    (4) * * *
    (iii) Control. Control means, but is not limited to, the following:
    (A) The person has the right to direct, or does direct, in whole or 
in part, the business of the entity to which the QS or IBQ are 
registered, with the exception of those activities allowed under 
paragraphs (d)(4)(iii)(C) and (G) of this section;
    (B) The person has the right to limit the actions of or replace, or 
does limit the actions of or replace, the chief executive officer, a 
majority of the board of directors, any general partner, or any person 
serving in a management capacity of the entity to which the QS or IBQ 
are registered, with the exception of those activities allowed under 
paragraphs (d)(4)(iii)(C) and (G) of this section;
    (C) The person, excluding banks and other financial institutions 
that rely on QS or IBQ as collateral for loans as described under 
paragraph (d)(4)(iii)(G) of this section, has the right to direct, or 
does direct, and/or the right to prevent or delay, or does prevent or 
delay, the transfer of QS or IBQ, or the resulting QP or IBQ pounds;
    (D) The person, through loan covenants or any other means, has the 
right to restrict, or does restrict, and/or has a controlling influence 
over the day to day business activities or management policies of the 
entity to which the QS or IBQ are registered, with the exception of 
those activities allowed under paragraphs (d)(4)(iii)(C) and (G) of 
this section;
    (E) The person, has the right to restrict, or does restrict, any 
activity related to QS or IBQ or QP or IBQ pounds, including, but not 
limited to, use of QS or IBQ, or the resulting QP or IBQ pounds, or 
disposition of fish harvested under the resulting QP or IBQ pounds, 
with the exception of those activities allowed under paragraphs 
(d)(4)(iii)(C) and (G) of this section;
    (F) The person has the right to control, or does control, the 
management of, or to be a controlling factor in, the entity to which 
the QS or IBQ, or the resulting QP or IBQ pounds, are registered, with 
the exception of those activities allowed under paragraphs 
(d)(4)(iii)(C) and (G) of this section;
    (G) The person, excluding banks and other financial institutions 
that rely on QS or IBQ as collateral for loans, has the right to cause 
or prevent, or does cause or prevent, the sale, lease or other 
disposition of QS or IBQ, or the resulting QP or IBQ pounds; and
    (1) To qualify for this exception, a bank or other financial 
institution must be regularly or primarily engaged in the business of 
lending and not engaged in or controlled by entities whose primary 
business is the harvesting, processing, or distribution of fish or fish 
products.
    (2) Any state or federally chartered bank or financial institution 
that meets the requirement of paragraph (d)(4)(iii)(G)(1) of this 
section does not need to submit additional information to NMFS.
    (3) Any entity that is not a state or federally chartered bank or 
financial institution, must submit a letter requesting the exception 
and disclose the identity and interest share of any shareholder with a 
2% or more ownership interest in the lender through submission of the 
Trawl Identification of Ownership Interest Form (see paragraph 
(d)(4)(iv) of this section). The lender must make subsequent annual 
submissions of the letter and Trawl Identification of Ownership 
Interest Form to maintain the exception. Letters requesting the 
exception and complete Trawl Identification of Ownership Interest Forms 
may be submitted to NMFS, West Coast Region, Permits Office, ATTN: 
Fisheries Permit Office, Bldg. 1, 7600 Sand Point Way NE., Seattle, WA 
98115. NMFS will only accept complete applications.
    (H) The person has the ability through any means whatsoever to 
control or have a controlling influence over the entity to which QS or 
IBQ is registered, with the exception of those activities allowed under 
paragraphs (d)(4)(iii)(C) and (G) of this section.
* * * * *
    (e) * * *
    (3) * * *
    (iii) * * *
    (B) Transfer procedures. QP or IBQ pound transfers from one vessel 
account to another vessel account must be accomplished via the online 
vessel account. To make a transfer, a vessel account owner must 
initiate a transfer request by logging onto the online vessel account. 
Following the instructions provided on the Web site, the vessel account 
owner must enter pertinent information regarding the transfer request 
including, but not limited to: IFQ species, amount of QP or IBQ pounds 
to be transferred for each IFQ species (in whole pound increments); 
name and any other identifier of the eligible transferee (e.g., USCG 
documentation number or state registration number, as applicable) of 
the eligible vessel account receiving the transfer; and the value of 
the transferred QP or IBQ pounds. The online system will verify whether 
all information has been entered and whether the transfer complies with 
vessel limits, as applicable. If the information is not accepted, an 
electronic message will record as much in the transferor's vessel 
account explaining the reason(s). If the information is accepted, the 
online system will record the pending transfer in both the transferor's 
and the transferee's vessel accounts. The transferee must approve the 
transfer by electronic signature. If the transferee accepts the 
transfer, the online system will record the transfer and confirm the 
transaction in both accounts through a transaction confirmation notice. 
Once the transferee accepts the transaction, the transaction is final 
and permanent. QP or IBQ pounds may be transferred between vessel 
accounts at any time during January 1 through December 31 each year 
unless otherwise notified by NMFS.
* * * * *
    (4) * * *
    (i) Vessel limits. For each IFQ species or species group specified 
in this paragraph, vessel accounts may not have QP or IBQ pounds in 
excess of the QP vessel limit (annual limit) in any year, and, for 
species covered by unused QP vessel limits (daily limit), may not have 
QP or IBQ pounds in excess of the unused QP vessel limit at any time. 
The QP vessel limit (annual limit) is calculated as all QPs transferred 
in minus all QPs transferred out of the vessel account. The unused QP 
vessel limits (daily limit) is calculated as unused available QPs plus 
any pending outgoing transfer of QPs.
* * * * *
    (5) * * *
    (ii) * * *
    (A) The vessel account owner declares out of the Shorebased IFQ 
Program for the year in which the deficit occurred. The vessel account 
owner must submit a signed, dated, and notarized letter to OLE, 
declaring out of the Shorebased IFQ Program for the remainder of the

[[Page 68772]]

year and invoking the carryover provision to cover the deficit. Signed, 
dated, and notarized letters may be submitted to NMFS, West Coast 
Region, Office of Law Enforcement, ATTN VMS, Bldg. 1, 7600 Sand Point 
Way NE., Seattle, WA 98115. If the vessel account owner covers the 
deficit later within the same calendar year, the vessel may re-enter 
the Shorebased IFQ Program. If the deficit occurs less than 30 days 
before the end of the calendar year, exiting out of the Shorebased IFQ 
Program for the remainder of the year is not required.
* * * * *
    (f) * * *
    (2) * * *
    (ii) An IFQ first receiver must have a separate first receiver site 
license for each unique physical location where the IFQ first receiver 
will receive, purchase or take custody, control, or take possession of 
an IFQ landing from a vessel.
* * * * *
    (3) Application process. Persons interested in being licensed as an 
IFQ first receiver for a specific physical location must submit a 
complete application for a first receiver site license to NMFS, West 
Coast Region, ATTN: Fisheries Permit Office, Bldg. 1, 7600 Sand Point 
Way NE., Seattle, WA 98115. NMFS will only consider complete 
applications for approval. A complete application includes:
    (i) State license. The license owner must provide a copy of a valid 
license issued by the state in which they operate that allows the 
person to receive fish from a catcher vessel.
    (ii) Application form. A completed IFQ first receiver application 
form provided by NMFS, signed and dated by an authorized representative 
of the first receiver. To be considered complete, the form must also be 
notarized.
* * * * *
    (iii) * * *
    (A) Catch monitoring plan review process. NMFS will accept a catch 
monitoring plan if it includes all the required elements specified in 
paragraph (f)(3)(iii)(C) of this section and conforms with the actual 
operations and layout at the site. A site inspection is required for 
new first receiver site licenses. For re-registration of an existing 
first receiver site license, the site must be inspected at least once 
every three years or more frequently, as deemed necessary by NMFS, or 
by a NMFS designated representative. If NMFS does not accept a catch 
monitoring plan for any reason, a new or revised catch monitoring plan 
may be required of the first receiver.
    (B) Arranging a site inspection. After receiving a complete 
application for a first receiver site license, if a site inspection is 
required, NMFS will contact the applicant to schedule a site 
inspection. A complete application for a first receiver site license 
must include the proposed catch monitoring plan. NMFS may request a 
representative of the first receiver to be at the site at the time of 
inspection. If the requested representative of the first receiver is 
not made available for the inspection, the site inspection may be 
postponed until the requested representative of the first receiver is 
made available.
    (C) * * *
    (12) Applicant contact. Print the name of the first receiver, 
physical location of the first receiver, name and phone number of the 
applicant, and the date of the application. The applicant must sign the 
catch monitoring plan.
    (D) Catch monitoring plan acceptance period and changes. NMFS will 
accept a catch monitoring plan if it includes the required elements 
specified in paragraph (f)(3)(iii)(C) of this section and conforms with 
the actual operations and layout at the site. For the first receiver 
site license to remain in effect, the owner or manager must notify NMFS 
in writing of any and all changes made in IFQ first receiver operations 
or layout that do not conform to the catch monitoring plan.
* * * * *
    (5) Effective dates. The first receiver site license is valid from 
the effective date identified on the license until June 30, or until 
the state license required by paragraph (f)(2)(i) of this section is no 
longer effective, whichever occurs first. A first receiver site license 
may not be valid for more than 365 days.
    (6) Re-registration of FRSL in subsequent years. Existing first 
receiver site license holders must reapply annually by following the 
application process specified in paragraph (f)(3) of this section. If 
the existing license holder fails to reapply, the first receiver site 
license will expire as specified in paragraph (f)(5) of this section. 
For existing first receiver site license holders to continue to receive 
IFQ landings without a lapse in the effectiveness of their first 
receiver site license, the following re-registration deadlines apply:
    (i) NMFS will mail a first receiver site license application to 
existing license holders on or about February 1 each year.
    (ii) Applicants who want to have their new license effective for 
July 1 must submit their complete re-registration application to NMFS 
by April 15. For those first receiver site license holders who do not 
submit a complete re-registration application by April 15, NMFS may not 
be able to issue the new license by July 1 of that calendar year, and 
will issue the new license as soon as practicable.
* * * * *
    (j) * * *
    (2) * * *
    (viii) Pacific whiting. For Pacific Whiting taken with midwater 
trawl gear, IFQ first receivers may use an in-line conveyor or hopper 
type scale to derive an accurate total catch weight prior to sorting. 
Immediately following weighing of the total catch and prior to 
processing or transport away from the point of landing, the catch must 
be sorted to the species groups specified at Sec.  660.130(d) and all 
incidental catch (groundfish and non groundfish species) must be 
accurately weighed and the weight of incidental catch deducted from the 
total catch weight to derive the weight of a single predominant 
species.
    (ix) * * *
    (B) An in-line conveyor or automatic hopper scale may be used to 
weigh the single predominant species after catch has been sorted. Other 
species must be weighed in a manner that facilitates tracking of the 
weights of those species.
* * * * *

0
10. In Sec.  660.150, revise paragraphs (c)(7)(i), 
(d)(1)(iii)(A)(1)(i), and (g)(2)(iv)(D) to read as follows:


Sec.  660.150  Mothership (MS) Coop Program.

* * * * *
    (c) * * *
    (7) * * *
    (i) Processor obligation. Through the annual MS/CV-endorsed limited 
entry permit renewal process, the MS/CV-endorsed permit owner must 
identify to NMFS to which MS permit the MS/CV permit owner intends to 
obligate the catch history assignment associated with that permit if 
they are participating in the MS coop fishery. Only one MS permit may 
be designated for each MS/CV endorsement and associated catch history 
assignment.
* * * * *
    (d) * * *
    (1) * * *
    (iii) * * *
    (A) * * *
    (1) * * *
    (i) A list of all vessels and permit owners participating in the 
coop and their share of the allocated catch history assignments which 
must match the amount distributed to individual permit owners by NMFS.
* * * * *
    (g) * * *

[[Page 68773]]

    (2) * * *
    (iv) * * *
    (D) A limited entry trawl permit owner with multiple MS/CV-
endorsements and associated CHA on a single permit may assign each 
distinct MS/CV endorsement and catch history assignment separately to 
coop(s) or the non-coop fishery. In such cases, as part of the coop 
permit application process, specified at paragraph (d)(1)(iii) of this 
section, the permit owner must specify on the coop permit application 
form which MS/CV endorsement and associated CHA is specifically 
registered to a particular coop.
* * * * *

0
11. In Sec.  660.213, revise paragraph (d)(2) to read as follows:


Sec.  660.213  Fixed gear fishery--recordkeeping and reporting.

* * * * *
    (d) * * *
    (2) For participants in the sablefish primary season, the 
cumulative limit period to which this requirement applies is April 1 
through October 31 or, for an individual vessel owner, when the tier 
limit for the permit(s) registered to the vessel has been reached, 
whichever is earlier.

0
12. In Sec.  660.216, revise paragraph (a)(1) to read as follows:


Sec.  660.216  Fixed gear fishery--observer requirements.

    (a) * * *
    (1) When NMFS notifies the vessel owner, operator, or the manager 
of a catcher vessel, specified at Sec.  660.16(c), of any requirement 
to carry an observer, the catcher vessel may not be used to fish for 
groundfish without carrying an observer.
* * * * *

0
13. In Sec.  660.231, revise paragraph (b)(1) to read as follows:


Sec.  660.231  Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (1) Season dates. North of 36[deg] N. lat., the sablefish primary 
season for the limited entry, fixed gear, sablefish-endorsed vessels 
begins at 12 noon local time on April 1 and closes at 12 noon local 
time on October 31, or closes for an individual vessel owner when the 
tier limit for the permit(s) registered to the vessel has been reached, 
whichever is earlier, unless otherwise announced by the Regional 
Administrator through the routine management measures process described 
at Sec.  660.60(c).
* * * * *

0
14. In Sec.  660.316, revise paragraph (a)(1) to read as follows:


Sec.  660.316  Open access fishery--observer requirements.

    (a) * * *
    (1) When NMFS notifies the vessel owner, operator, or the vessel 
manager of a catcher vessel, specified at Sec.  660.16(c), of any 
requirement to carry an observer, the catcher vessel may not be used to 
fish for groundfish without carrying an observer.
* * * * *
[FR Doc. 2013-27417 Filed 11-14-13; 8:45 am]
BILLING CODE 3510-22-P