50 CFR Part 600 — Magnuson-Stevens Act Provisions

PART 600—MAGNUSON-STEVENS ACT PROVISIONS Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq. Source: 61 FR 32540, June 24, 1996, unless otherwise noted. Editorial Note: Nomenclature changes to part 600 appear at 90 FR 38003, Aug. 7, 2025. Subpart A—General § 600.5 Purpose and scope. (a) This part contains general provisions governing the operation of the eight Regional Fishery Management Councils established by the Magnuson-Stevens Act and describes the Secretary's role and responsibilities under the Act. The Councils are institutions created by Federal law and must conform to the uniform standards established by the Secretary in this part. (b) This part also governs all foreign fishing under the Magnuson-Stevens Act, prescribes procedures for the conduct of preemption hearings under section 306(b) of the Magnuson-Stevens Act, and collects the general provisions common to all domestic fisheries governed by this chapter. (c) This part also governs fishing capacity reduction programs under the Magnuson-Stevens Act. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 65 FR 31443, May 18, 2000] § 600.10 Definitions. Unless defined otherwise in other parts of Chapter VI, the terms in this chapter have the following meanings: Administrator Advisory group Advisory panel (AP) Agent, Aggregate or summary form Albacore Thunnus alalunga, Allocated species Allocation Allowable chemical Anadromous species Angling Area of custody Assistant Administrator Atlantic tunas Atlantic Tunas Convention Act Authorized officer (1) Any commissioned, warrant, or petty officer of the USCG; (2) Any special agent or fishery enforcement officer of NMFS; (3) Any officer designated by the head of any Federal or state agency that has entered into an agreement with the Secretary and the Commandant of the USCG to enforce the provisions of the Magnuson-Stevens Act or any other statute administered by NOAA; or (4) Any USCG personnel accompanying and acting under the direction of any person described in paragraph (1) of this definition. Authorized species Automatic reel Bandit gear Barrier net Bigeye tuna Thunnus obesus, Billfish Bluefin tuna Thunnus thynnus, Blue marlin Makaira nigricans, Bully net Buoy gear Business of any person (1) Financial information such as ownership information, cash flow documents, income statements, or information that contributes to the preparation of balance sheets; or (2) Operational information such as fishing locations, time of fishing, specific gear configuration, catch by species in numbers or weight thereof, number of hauls, number of employees and estimated processing capacity of and the actual processing capacity utilized by U.S. fish processors. Carcass Cast net Catch limit Catch, take, harvest Center Charter boat Coast Guard Commander Codend Compensation fishing Confidential information Conservation engineering Continental shelf fishery resources Council Dealer Designated representative Dip net Directed fishing, Director Discard Dredge Drop net Electronic monitoring service provider Essential fish habitat (EFH) Exclusive economic zone (EEZ) Exempted educational activity Exempted or experimental fishing Fillet Fish (1) When used as a noun, means any finfish, mollusk, crustacean, or parts thereof, and all other forms of marine animal and plant life other than marine mammals and birds. (2) When used as a verb, means to engage in “fishing,” as defined below. Fishery (1) One or more stocks of fish that can be treated as a unit for purposes of conservation and management and that are identified on the basis of geographic, scientific, technical, recreational, or economic characteristics, or method of catch; or (2) Any fishing for such stocks. Fishery management unit (FMU) Fishery resource Fishing, to fish (1) The catching, taking, or harvesting of fish; (2) The attempted catching, taking, or harvesting of fish; (3) Any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or (4) Any operations at sea in support of, or in preparation for, any activity described in paragraphs (1), (2), or (3) of this definition. Fishing industry advisory committee (FIAC) Fishing vessel (1) Fishing; or (2) Aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. Fish weir Foreign fishing Foreign fishing vessel (FFV) Gear conflict (1) In which one fishing vessel or its gear comes into contact with another vessel or the gear of another vessel; and (2) That results in the loss of, or damage to, a fishing vessel, fishing gear, or catch. Gillnet Governing International Fishery Agreement (GIFA) Grants Officer Greenwich mean time (GMT) Gulf of America Handgear Hand harvest Handline Harass Harpoon harpoon gear Headboat Hook and line Hoop net Industry Information sharing obligation of a Regional Fishery Management Organization (RFMO) International radio call sign (IRCS) Joint venture Lampara net Land Limited access system Longbill spearfish Tetrapturus pfluegeri, Longline Magnuson-Stevens Act et seq. Metric ton (mt) nm Northeast Canyons and Seamounts Marine National Monument (1) Canyons Unit. Point N Latitude W Longitude 1 40°31.62′ 68°16.08′ 2 40°36.00′ 67°37.68′ 3 40°12.42′ 67°34.68′ 4 40°7.32′ 68°12.72′ 1 40°31.62′ 68°16.08′ (2) Seamounts Unit. Point N Latitude W Longitude 1 40°2.64′ 67°43.32′ 2 39°56.34′ ( a 3 38°51.90′ ( b 1 40°2.64′ 67°43.32′ a b Observer provider Official number Operator, Optimum yield (OY) (1) Will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems; (2) Is prescribed as such on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant economic, social, or ecological factor; and (3) In the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery. Owner, (1) Any person who owns that vessel in whole or in part; (2) Any charterer of the vessel, whether bareboat, time, or voyage; (3) Any person who acts in the capacity of a charterer, including, but not limited to, parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function, or operation of the vessel; or (4) Any agent designated as such by a person described in paragraph (1), (2), or (3) of this definition. Pelagic longline Plan Team Postmark Pot Powerhead Predominately Processing, Product recovery rate (PRR) Prohibited species, Purchase Purse seine Recreational fishing, Region Regional Administrator Regional Fishery Management Organization (RFMO) Regional Program Officer Retain on board Rod and reel Round Roundscale spearfish Tetrapturus georgii Round weight Sailfish Istiophorus platypterus, Sale sell Science and Research Director (also referred to as “Center Director” Scientific cruise Scientific research activity Scientific research plan (1) A description of the nature and objectives of the project, including the hypothesis or hypotheses to be tested. (2) The experimental design of the project, including a description of the methods to be used, the type and class of any vessel(s) to be used, and a description of sampling equipment. (3) The geographical area(s) in which the project is to be conducted. (4) The expected date of first appearance and final departure of the research vessel(s) to be employed, and deployment and removal of equipment, as appropriate. (5) The expected quantity and species of fish to be taken and their intended disposition, and, if significant amounts of a managed species or species otherwise restricted by size or sex are needed, an explanation of such need. (6) The name, address, and telephone/telex/fax number of the sponsoring organization and its director. (7) The name, address, and telephone/telex/fax number, and curriculum vitae of the person in charge of the project and, where different, the person in charge of the research project on board the vessel. (8) The identity of any vessel(s) to be used including, but not limited to, the vessel's name, official documentation number and IRCS, home port, and name, address, and telephone number of the owner and master. Scientific research vessel Scouting Secretary Seine Skipjack tuna Katsuwonus pelamis, Slurp gun Snare Spear State State employee Statement of Organization, Practices, and Procedures (SOPP) Stock assessment Stock Assessment and Fishery Evaluation (SAFE) Submersible Substantially (affects) (1) The achievement of the FMP's goals or objectives for the fishery; (2) The achievement of OY from the fishery on a continuing basis; (3) The attainment of the national standards for fishery conservation and management (as set forth in section 301(a) of the Magnuson-Stevens Act) and compliance with other applicable law; or (4) The enforcement of regulations implementing the FMP. Support Swordfish Xiphias gladius, Tangle net dredge Total length (TL) Trammel net Transship Trap Trawl Trip U.S. observer observer Vessel of the United States or U.S. vessel (1) Any vessel documented under chapter 121 of title 46, United States Code; (2) Any vessel numbered under chapter 123 of title 46, United States Code, and measuring less than 5 net tons; (3) Any vessel numbered under chapter 123 of title 46, United States Code, and used exclusively for pleasure; or (4) Any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure. White Marlin Kajikia albidus Yellowfin tuna Thunnus albacares, [61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998; 64 FR 4036, Jan. 27, 1999; 64 FR 29133, May 28, 1999; 64 FR 67516, Dec. 2, 1999; 67 FR 2375, Jan. 17, 2002; 67 FR 64312, Oct. 18, 2002; 69 FR 30240, May 27, 2004; 73 FR 67810, Nov. 17, 2008; 74 FR 42792, Aug. 25, 2009; 75 FR 59149, Sept. 27, 2010; 75 FR 57701, Sept. 22, 2010; 89 FR 12286, Feb. 16, 2024; 89 FR 102013, Dec. 17, 2024] § 600.15 Other acronyms. (a) Fishery management terms. (2) ATCA (3) BFT Thunnus thynnus thynnus, (4) BSD (5) CCC-Council coordination committee (6) DAH—estimated domestic annual harvest (7) DAP—estimated domestic annual processing (8) EIS—environmental impact statement (9) EY—equilibrium yield (10) FIAC-Fishing industry advisory committee (11) FMP—fishery management plan (12) ICCAT (13) JVP—joint venture processing (14) MSY—maximum sustainable yield (15) PMP—preliminary FMP (16) TAC—total allowable catch (17) TALFF—total allowable level of foreign fishing (b) Legislation. (2) CZMA—Coastal Zone Management Act (3) ESA—Endangered Species Act (4) FACA—Federal Advisory Committee Act (5) FOIA—Freedom of Information Act (6) FLSA—Fair Labor Standards Act (7) MMPA—Marine Mammal Protection Act (8) MPRSA—Marine Protection, Research, and Sanctuaries Act (9) NEPA—National Environmental Policy Act (10) PA—Privacy Act (11) PRA—Paperwork Reduction Act (12) RFA—Regulatory Flexibility Act (c) Federal agencies. (2) DOC—Department of Commerce (3) DOI—Department of the Interior (4) DOS—Department of State (5) EPA—Environmental Protection Agency (6) FWS—Fish and Wildlife Service (7) GSA—General Services Administration (8) NMFS—National Marine Fisheries Service (9) NOAA—National Oceanic and Atmospheric Administration (10) OMB—Office of Management and Budget (11) OPM—Office of Personnel Management (12) SBA—Small Business Administration (13) USCG—United States Coast Guard [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 FR 29134, May 28, 1999; 75 FR 59149, Sept. 27, 2010] Subpart B—Regional Fishery Management Councils § 600.105 Intercouncil boundaries. (a) New England and Mid-Atlantic Councils. (b) Mid-Atlantic and South Atlantic Councils. (c) South Atlantic and Gulf Councils. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010] § 600.110 Intercouncil fisheries. If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may— (a) Designate a single Council to prepare the FMP for such fishery and any amendments to such FMP, in consultation with the other Councils concerned; or (b) Require that the FMP and any amendments be prepared jointly by all the Councils concerned. (1) A jointly prepared FMP or amendment must be adopted by a majority of the voting members, present and voting, of each participating Council. Different conservation and management measures may be developed for specific geographic areas, but the FMP should address the entire geographic range of the stock(s). (2) In the case of joint FMP or amendment preparation, one Council will be designated as the “administrative lead.” The “administrative lead” Council is responsible for the preparation of the FMP or any amendments and other required documents for submission to the Secretary. (3) None of the Councils involved in joint preparation may withdraw without Secretarial approval. If Councils cannot agree on approach or management measures within a reasonable period of time, the Secretary may designate a single Council to prepare the FMP or may issue the FMP under Secretarial authority. § 600.115 Statement of organization, practices, and procedures (SOPP). (a) Councils are required to publish and make available to the public a SOPP in accordance with such uniform standards as are prescribed by the Secretary (section 302(f)(6)) of the Magnuson-Stevens Act. The purpose of the SOPP is to inform the public how the Council operates within the framework of the Secretary's uniform standards. (b) Amendments to current SOPPs must be consistent with the guidelines in this section, subpart C of this part, the terms and conditions of the cooperative agreement (the funding agreement between the Council and NOAA that establishes Council funding and mandates specific requirements regarding the use of those funds), the statutory requirements of the Magnuson-Stevens Act, and other applicable law. Upon approval of a Council's SOPP amendment by the Secretary, a notice of availability must be published in the Federal Register (c) Councils may deviate, where lawful, from the guidelines with appropriate supporting rationale, and Secretarial approval of each amendment to a SOPP would constitute approval of any such deviations for that particular Council. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010] § 600.117 Council coordination committee (CCC). (a) The Councils may establish a Council coordination committee (CCC) consisting of the chairs, vice chairs, and executive directors of each of the eight Councils or other Council members or staff, in order to discuss issues of relevance to all Councils. (b) The CCC is not subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App. 2). Procedures for announcing and conducting open and closed meetings of the CCC shall be in accordance with § 600.135. [75 FR 59150, Sept. 27, 2010] § 600.120 Employment practices. (a) Council staff positions must be filled solely on the basis of merit, fitness for duty, competence, and qualifications. Employment actions must be free from discrimination based on race, religion, color, national origin, sex, age, disability, reprisal, sexual orientation, status as a parent, or on any additional bases protected by applicable Federal, state, or local law. (b) The annual pay rates for Council staff positions shall be consistent with the pay rates established for General Schedule Federal employees as set forth in 5 U.S.C. 5332, and the Alternative Personnel Management System for the U.S. Department of Commerce (62 FR 67434). The Councils have the discretion to adjust pay rates and pay increases based on cost of living (COLA) differentials in their geographic locations. COLA adjustments in pay rates and pay increases may be provided for staff members whose post of duty is located in Alaska, Hawaii, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and Puerto Rico. (1) No pay adjustment based on geographic location shall exceed the COLA and locality pay adjustments available to Federal employees in the same geographic area. (2) [Reserved] (c) Salary increases funded in lieu of life and medical/dental policies are not permitted. (d) Unused sick leave may be accumulated without limit, or up to a maximum number of days and contribution per day, as specified by the Council in its SOPP. Distributions of accumulated funds for unused sick leave may be made to the employee upon his or her retirement, or to his or her estate upon his or her death, as established by the Council in its SOPP. (e) Each Council may pay for unused annual leave upon separation, retirement, or death of an employee. (f) One or more accounts shall be maintained to pay for unused sick or annual leave as authorized under paragraphs (d) and (e) of this section, and will be funded from the Council's annual operating allowances. Councils have the option to deposit funds into these account(s) at the end of the budget period if unobligated balances remain. Interest earned on these account(s) will be maintained in the account(s), along with the principal, for the purpose of payment of unused annual and sick leave only. These account(s), including interest, may be carried over from year to year. Budgeting for accrued leave will be identified in the “Other” object class categories section of the SF-424A. (g) A Council must notify the NOAA Office of General Counsel before seeking outside legal advice, which may be for technical assistance not available from NOAA. If the Council is seeking legal services in connection with an employment practices question, the Council must first notify the Department of Commerce's Office of the Assistant General Counsel for Administration, Employment and Labor Law Division. A Council may not contract for the provision of legal services on a continuing basis. [66 FR 57886, Nov. 19, 2001] § 600.125 Budgeting, funding, and accounting. (a) Council grant activities are governed by 15 CFR part 14 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit and Commercial Organizations), 2 CFR part 230 (Cost Principles for Non-Profit Organizations), 15 CFR part 14 (Audit Requirements for Institutions of Higher Education and Other Non-Profit Organizations), and the terms and conditions of the cooperative agreement. (b) Councils may not independently enter into agreements, including grants, contracts, or cooperative agreements, whereby they will receive funds for services rendered. All such agreements must be approved and entered into by NOAA on behalf of the Councils. (c) Councils are not authorized to accept gifts or contributions directly. All such donations must be directed to the NMFS Regional Administrator in accordance with applicable Department of Commerce regulations. [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010] § 600.130 Protection of confidentiality of statistics. Each Council must establish appropriate procedures for ensuring the confidentiality of the information that may be submitted to it by Federal or state authorities and may be voluntarily submitted to it by private persons, including, but not limited to (also see § 600.405): (a) Procedures for the restriction of Council member, employee, or advisory group access and the prevention of conflicts of interest, except that such procedures must be consistent with procedures of the Secretary. (b) In the case of information submitted to the Council by a state, the confidentiality laws and regulations of that state. [61 FR 32540, June 24, 1996, as amended at 89 FR 102013, Dec. 17, 2024] § 600.133 Scientific and Statistical Committee (SSC). (a) Each Council shall establish, maintain, and appoint the members of an SSC to assist it in the development, collection, evaluation, and peer review of such statistical, biological, economic, social, and other scientific information as is relevant to such Council's development and amendment of any fishery management plan. (b) Each SSC shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch, preventing overfishing, maximum sustainable yield, and achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices. (c) Members appointed by the Councils to the SSCs shall be Federal employees, State employees, academicians, or independent experts and shall have strong scientific or technical credentials and experience. (d) An SSC shall hold its meetings in conjunction with the meetings of the Council, to the extent practicable. [75 FR 59150, Sept. 27, 2010] § 600.134 Stipends. Stipends are available, subject to the availability of appropriations, to members of committees formally designated as SSCs under Sec. 301(g)(1)(a) or APs under Sec. 302(g)(2) of the Magnuson-Stevens Act who are not employed by the Federal Government or a State marine fisheries agency. For the purposes of this section, a state marine fisheries agency includes any state or tribal agency that has conservation, management, or enforcement responsibility for any marine fishery resource. [75 FR 59150, Sept. 27, 2010] § 600.135 Meeting procedures. (a) Regular meetings. Federal Register (b) Emergency meetings. Federal Register, (c) Closed meetings. (1) Must close any meeting, or portion thereof, that concerns information bearing a national security classification. (2) May close any meeting, or portion thereof, that concerns matters or information pertaining to national security, employment matters, or briefings on litigation in which the Council is interested. (3) May close any meeting, or portion thereof, that concerns internal administrative matters other than employment. Examples of other internal administrative matters include candidates for appointment to AP, SSC, and other subsidiary bodies and public decorum or medical conditions of members of a Council or its subsidiary bodies. In deciding whether to close a portion of a meeting to discuss internal administrative matters, the Council, CCC, SSC, AP, FIAC, or other committees should consider not only the privacy interests of individuals whose conduct or qualifications may be discussed, but also the interest of the public in being informed of Council operations and actions. (d) Without the notice required by paragraph (c) of this section, a Council, CCC, SSC, AP, FIAC, or other committees may briefly close a portion of a meeting to discuss employment or other internal administrative matters. The closed portion of a meeting that is closed without notice may not exceed two hours. (e) Before closing a meeting or portion thereof, the Council, CCC, SSC, AP, FIAC, or other committees should consult with the NOAA Office of General Counsel to ensure that the matters to be discussed fall within the exceptions to the requirement to hold public meetings described in paragraph (c) of this section. (f) Actions that affect the public, although based on discussions in closed meetings, must be taken in public. For example, appointments to an AP must be made in the public part of the meeting; however, a decision to take disciplinary action against a Council employee need not be announced to the public. (g) A majority of the voting members of any Council constitute a quorum for Council meetings, but one or more such members designated by the Council may hold hearings. (h) Decisions of any Council are by majority vote of the voting members present and voting (except for a vote to propose removal of a Council member, see 50 CFR 600.230). Voting by proxy is permitted only pursuant to 50 CFR 600.205 (b). An abstention does not affect the unanimity of a vote. (i) Voting members of the Council who disagree with the majority on any issue to be submitted to the Secretary, including principal state officials raising federalism issues, may submit a written statement of their reasons for dissent. If any Council member elects to file such a statement, it should be submitted to the Secretary at the same time the majority report is submitted. [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010] § 600.140 Procedure for proposed regulations. (a) Each Council must establish a written procedure for proposed regulations consistent with section 303(c) of the Magnuson-Stevens Act. The procedure must describe how the Council deems proposed regulations necessary or appropriate for the purposes of implementing a fishery management plan or a plan amendment, or making modifications to regulations implementing a fishery management plan or plan amendment. In addition, the procedure must describe how the Council submits proposed regulations to the Secretary. (b) The Councils must include the procedure for proposed regulations in its SOPP, see § 600.115, or other written documentation that is available to the public. [75 FR 59150, Sept. 27, 2010] § 600.150 Disposition of records. (a) Council records must be handled in accordance with NOAA records management office procedures. All records and documents created or received by Council employees while in active duty status belong to the Federal Government. When employees leave the Council, they may not take the original or file copies of records with them. (b) Each Council is required to maintain documents generally available to the public on its Internet site. Documents for posting must include: fishery management plans and their amendments for the fisheries for which the Council is responsible, drafts of fishery management plans and plan amendments under consideration, analysis of actions the Council has under review, minutes or official reports of past meetings of the Council and its committees, materials provided by the Council staff to Council members in preparation for meetings, and other Council documents of interest to the public. For documents too large to maintain on the Web site, not available electronically, or seldom requested, the Council must provide copies of the documents for viewing at the Council office during regular business hours or may provide the documents through the mail. [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59151, Sept. 27, 2010] § 600.155 Freedom of Information Act (FOIA) requests. (a) FOIA requests received by a Council should be coordinated promptly with the appropriate NMFS Regional Office. The Region will forward the request to the NOAA FOIA Officer to secure a FOIA number and log the request into FOIAonline. The Region will also obtain clearance from the NOAA General Counsel's Office concerning initial determination for denial of requested information. (b) FOIA request processing will be controlled and documented in the Region. The requests should be forwarded to the NOAA FOIA Officer who will enter the request into FOIAonline. The request will be assigned an official FOIA number and due date. In the event the Region determines that the requested information is exempt from disclosure, in full or in part, under the FOIA, the denial letter prepared for the Assistant Administrator's signature, along with the “Foreseeable Harm” Memo and list of documents to be withheld, must be cleared through the NMFS FOIA Liaison. Upon completion, a copy of the signed letter transmitting the information to the requester should be posted to FOIAonline by NMFS. [80 FR 57738, Sept. 25, 2015] Subpart C—Council Membership § 600.205 Principal state officials and their designees. (a) Only a full-time state employee of the state agency responsible for marine and/or anadromous fisheries shall be appointed by a constituent state Governor as the principal state official for purposes of section 302(b) of the Magnuson-Stevens Act. (b) A principal state official may name his/her designee(s) to act on his/her behalf at Council meetings. Individuals designated to serve as designees of a principal state official on a Council, pursuant to section 302(b)(1)(A) of the Magnuson-Stevens Act, must be a resident of the state and be knowledgeable and experienced, by reason of his or her occupational or other experience, scientific expertise, or training, in the fishery resources of the geographic area of concern to the Council. (c) New or revised appointments by state Governors of principal state officials and new or revised designations by principal state officials of their designees(s) must be delivered in writing to the appropriate NMFS Regional Administrator and the Council chair at least 48 hours before the individual may vote on any issue before the Council. A designee may not name another designee. Written appointment of the principal state official must indicate his or her employment status, how the official is employed by the state fisheries agency, and whether the official's full salary is paid by the state. Written designation(s) by the principal state official must indicate how the designee is knowledgeable and experienced in fishery resources of the geographic area of concern to the Council, the County in which the designee resides, and whether the designee's salary is paid by the state. [66 FR 57888, Nov. 19, 2001] § 600.207 Pacific Fishery Management Council Tribal Indian representative and alternate. (a) The tribal Indian representative to the Pacific Fishery Management Council may designate an alternate during the period of the representative's term. The designee must be knowledgeable concerning tribal rights, tribal law, and the fishery resources of the geographical area concerned. (b) New or revised designations of an alternate by the tribal Indian representative must be delivered in writing to the appropriate NMFS Regional Administrator and the Council chair at least 48 hours before the designee may vote on any issue before the Council. In that written document, the tribal Indian representative must indicate how the designee meets the knowledge requirements under paragraph (a) of this section. [75 FR 59151, Sept. 27, 2010] § 600.210 Terms of Council members. (a) Voting members (other than principal state officials, the Regional Administrators, or their designees) are appointed for a term of 3 years and, except as discussed in paragraphs (b) and (c) of this section, may be reappointed. A voting member's Council service of 18 months or more during a term of office will be counted as service for the entire 3-year term. (b) The anniversary date for measuring terms of membership is August 11. The Secretary may designate a term of appointment shorter than 3 years, if necessary, to provide for balanced expiration of terms of office. Members may not serve more than three consecutive terms. (c) A member who has completed three consecutive terms will be eligible for appointment to another term one full year after completion of the third consecutive term. [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 75 FR 59151, Sept. 27, 2010] § 600.215 Council nomination and appointment procedures. (a) General. (2) There are two categories of seats to which voting members are appointed: “Obligatory” and “At-large.” (i) Obligatory seats are state specific. Each constituent state is entitled to one seat on the Council on which it is a member, except that the State of Alaska is entitled to five seats and the State of Washington is entitled to two seats on the North Pacific Fishery Management Council. When the term of a state's obligatory member is expiring or when that seat becomes vacant before the expiration of its term, the governor of that state must submit the names of at least three qualified individuals to fill that Council seat. (ii) The Magnuson-Stevens Act also provides for appointment, by the Secretary, of one treaty Indian tribal representative to the Pacific Fishery Management Council (Pacific Council). To fill that seat, the Secretary solicits written nominations from the heads of governments of those Indian Tribes with federally recognized fishing rights from the States of California, Oregon, Washington, or Idaho. The list of nominees must contain a total of at least three individuals who are knowledgeable and experienced regarding the fishery resources under the authority of the Pacific Council. The Secretary will appoint one tribal Indian representative from this list to the Pacific Council for a term of 3 years and rotate the appointment among the tribes. (iii) At-large seats are regional. When the term of an at-large member is expiring or when that seat becomes vacant before the expiration of a term, the governors of all constituent states of that Council must each submit the names of at least three qualified individuals to fill the seat. (b) Responsibilities of State Governors. (i) Commercial fishing or the processing or marketing of fish, fish products, or fishing equipment; (ii) Fishing for pleasure, relaxation, or consumption, or experience in any business supporting fishing; (iii) Leadership in a state, regional, or national organization whose members participate in a fishery in the Council's area of authority; (iv) The management and conservation of natural resources, including related interactions with industry, government bodies, academic institutions, and public agencies. This includes experience serving as a member of a Council, Advisory Panel, Scientific and Statistical Committee, or Fishing Industry Advisory Committee; (v) Representing consumers of fish or fish products through participation in local, state, or national organizations, or performing other activities specifically related to the education or protection of consumers of marine resources; or (vi) Teaching, journalism, writing, consulting, practicing law, or researching matters related to fisheries, fishery management, and marine resource conservation. (2) To assist in identifying qualifications, each nominee must furnish to the appropriate governor's office a current resume, or equivalent, describing career history—with particular attention to experience related to the criteria in paragraph (b)(1) of this section. Nominees may provide such information in any format they wish. (3) A constituent State Governor must determine the state of residency of each of his/her nominees. A Governor may not nominate a non-resident of that state for appointment to a Council seat obligated to that state. A Governor may nominate residents of another constituent state of a Council for appointment to an at large seat on that Council. (4) If, at any time during a term, a member changes residency to another state that is not a constituent state of that Council, or a member appointed to an obligatory seat changes residency to any other state, the member may no longer vote and must resign from the Council. For purposes of this paragraph, a state resident is an individual who maintains his/her principal residence within that constituent state and who, if applicable, pays income taxes to that state and/or to another appropriate jurisdiction within that state. (5) When the terms of both an obligatory member and an at-large member expire concurrently, the Governor of the state holding the expiring obligatory seat may indicate that the nominees who were not selected for appointment to the obligatory seat may be considered for appointment to an at-large seat, provided that the resulting total number of nominees submitted by that governor for the expiring at-large seat is no fewer than three different nominees. (c) Nominees to the Gulf Fishery Management Council. (1) The Governors of States submitting nominees to the Secretary for appointment to the Gulf Fishery Management Council shall include: (i) At least one nominee each from the commercial, recreational, and charter fishing sectors, except that an individual who owns or operates a fish farm outside the United States shall not be considered to be a representative of the commercial or recreational sector; and (ii) At least one other individual who is knowledgeable regarding the conservation and management of fisheries resources in the jurisdiction of the Council. (2) Notwithstanding the requirements of paragraphs (a) and (b) of this section, if the Secretary determines that the list of names submitted by the Governor does not meet the requirements of paragraph (c)(1) of this section, the Secretary shall: (i) Publish a notice in the Federal Register (ii) Add the name of any qualified individual submitted by the public who meets the requirements of this section that were not met to the list of names submitted by the Governor. (3) The requirements of this paragraph (c) shall expire at the end of fiscal year 2012, meaning through September 30, 2012. (d) Responsibilities of eligible tribal Indian governments. (e) Nomination deadlines. (1) Obligatory seats. (ii) If the Governor or tribal Indian governments fail to provide a nomination letter and at least three complete nomination kits by March 15, the obligatory seat will remain vacant until all required information has been received and processed and the Secretary has made the appointment. (2) At-large seats. (ii) Nomination packages that are not substantially complete by March 15 may be returned to the nominating Governor. At-large members will be appointed from among the nominations submitted by the governors who complied with the nomination requirements. (f) Responsibilities of the Secretary. (2) The Secretary will review each list submitted by a governor or the tribal Indian governments to ascertain whether the individuals on the list are qualified for the vacancy. If the Secretary determines that a nominee is not qualified, the Secretary will notify the appropriate Governor or tribal Indian government of that determination. The Governor or tribal Indian government shall then submit a revised list of nominees or resubmit the original list with an additional explanation of the qualifications of the nominee in question. The Secretary reserves the right to determine whether nominees are qualified. (3) The Secretary will select the appointees from lists of qualified nominees provided by the Governors of the constituent Council states or of the tribal Indian governments that are eligible to nominate candidates for that vacancy. (i) For Governor-nominated seats, the Secretary will select an appointee for an obligatory seat from the list of qualified nominees submitted by the governor of the state. In filling expiring at-large seats, the Secretary will select an appointee(s) for an at-large seat(s) from the list of all qualified candidates submitted. The Secretary will consider only complete slates of nominees submitted by the governors of the Council's constituent states. When an appointed member vacates his/her seat prior to the expiration of his/her term, the Secretary will fill the vacancy for the remainder of the term by selecting from complete nomination letters and kits that are timely and contain the required number of candidates. (ii) For the tribal Indian seat, the Secretary will solicit nominations of individuals for the list referred to in paragraph (c) of this section only from those Indian tribes with federally recognized fishing rights from California, Oregon, Washington, or Idaho. The Secretary will consult with the Bureau of Indian Affairs, Department of the Interior, to determine which Indian tribes may submit nominations. Any vacancy occurring prior to the expiration of any term shall be filled in the same manner as described in paragraphs (d)(1) and (2) of this section, except that the Secretary may use the list referred to in paragraph (b)(1) of this section from which the vacating member was chosen. The Secretary shall rotate the appointment among the tribes, taking into consideration: (A) The qualifications of the individuals on the list referred to in paragraph (c) of this section. (B) The various rights of the Indian tribes involved, and judicial cases that set out the manner in which these rights are to be exercised. (C) The geographic area in which the tribe of the representative is located. (D) The limitation that no tribal Indian representative shall serve more than three consecutive terms in the Indian tribal seat. [64 FR 4600, Jan. 29, 1999, as amended at 75 FR 59151, Sept. 27, 2010] § 600.220 Oath of office. As trustees of the nation's fishery resources, all voting members must take an oath specified by the Secretary as follows: “I, [name of the person taking oath], as a duly appointed member of a Regional Fishery Management Council established under the Magnuson-Stevens Fishery Conservation and Management Act, hereby promise to conserve and manage the living marine resources of the United States of America by carrying out the business of the Council for the greatest overall benefit of the Nation. I recognize my responsibility to serve as a knowledgeable and experienced trustee of the Nation's marine fisheries resources, being careful to balance competing private or regional interests, and always aware and protective of the public interest in those resources. I commit myself to uphold the provisions, standards, and requirements of the Magnuson-Stevens Fishery Conservation and Management Act and other applicable law, and shall conduct myself at all times according to the rules of conduct prescribed by the Secretary of Commerce. This oath is given freely and without mental reservation or purpose of evasion.” [75 FR 59152, Sept. 27, 2010] § 600.225 Rules of conduct. (a) Council members, as Federal office holders, and Council employees are subject to most Federal criminal statutes covering bribery, conflict-of-interest, disclosure of confidential information, and lobbying with appropriated funds. (b) The Councils are responsible for maintaining high standards of ethical conduct among themselves, their staffs, and their advisory groups. In addition to abiding by the applicable Federal conflict of interest statutes, both members and employees of the Councils must comply with the following standards of conduct: (1) No employee of a Council may use his or her official authority or influence derived from his or her position with the Council for the purpose of interfering with or affecting the result of an election to or a nomination for any national, state, county, or municipal elective office. (2) Council members, employees, and contractors must comply with the Federal Cost Principles Applicable to Regional Fishery Management Council Grants and Cooperative Agreements, especially with regard to lobbying, and other restrictions with regard to lobbying as specified in § 600.227 of this part. (3) No employee of a Council may be deprived of employment, position, work, compensation, or benefit provided for or made possible by the Magnuson-Stevens Act on account of any political activity or lack of such activity in support of or in opposition to any candidate or any political party in any national, state, county, or municipal election, or on account of his or her political affiliation. (4) No Council member or employee may pay, offer, promise, solicit, or receive from any person, firm, or corporation a contribution of money or anything of value in consideration of either support or the use of influence or the promise of support or influence in obtaining for any person any appointive office, place, or employment under the Council. (5) No employee of a Council may have a direct or indirect financial interest that conflicts with the fair and impartial conduct of his or her Council duties. (6) No Council member, employee of a Council, or member of a Council advisory group may use or allow the use, for other than official purposes, of information obtained through or in connection with his or her Council employment that has not been made available to the general public. (7) No Council member or employee of the Council may engage in criminal, infamous, dishonest, notoriously immoral, or disgraceful conduct. (8) No Council member or employee of the Council may use Council property on other than official business. Such property must be protected and preserved from improper or deleterious operation or use. (9)(i) Except as provided in § 600.235(h) or in 18 U.S.C. 208, no Council member may participate personally and substantially as a member through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a particular matter in which the member, the member's spouse, minor child, general partner, organization in which the member is serving as officer, director, trustee, general partner, or employee, or any person or organization with whom the member is negotiating or has any arrangement concerning prospective employment, has a financial interest. (Note that this financial interest is broader than the one defined in § 600.235(a).) (ii) No Council member may participate personally and substantially as a member through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a particular matter primarily of individual concern, such as a contract, in which he or she has a financial interest, even if the interest has been disclosed in accordance with § 600.235. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 64185, Nov. 19, 1998; 75 FR 59152, Sept. 27, 2010] § 600.227 Lobbying. (a) Council members, employees and contractors must comply with the requirements of 31 U.S.C. 1352 and Department of Commerce implementing regulations published at 15 CFR part 28, “New Restrictions on Lobbying.” These provisions generally prohibit the use of Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with the award. Because the Councils receive in excess of $100,000 in Federal funding, the regulations mandate that the Councils must complete Form SF-LLL, “Disclosure of Lobbying Activities,” regarding the use of non Federal funds for lobbying. The Form SF-LLL shall be submitted within 30 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The recipient must submit the Forms SF-LLL, including those received from subrecipients, contractors, and subcontractors, to the Grants Officer. (b) Council members, employees, and contractors must comply with the Federal Cost Principles Applicable to Regional Fishery Management Council Grants and Cooperative Agreements summarized as follows: (1) Title 2 CFR part 230 - Cost Principles for Nonprofit Organizations (OMB CircularA-122) is applicable to the Federal assistance awards issued to the Councils. (2) The purpose of the cost principles at 2 CFR part 230 is to define what costs can be paid on Federal awards issued to non-profit organizations. The regulation establishes both general principles and detailed items of costs. (3) Under 2 CFR part 230, costs for certain lobbying activities are unallowable as charges to Federal awards. These activities would include any attempts to influence: (i) The introduction of Federal or state legislation; (ii) The enactment or modification of any pending legislation by preparing, distributing, or using publicity or propaganda, or by urging members of the general public to contribute to or to participate in any demonstration, march, rally, fundraising drive, lobbying campaign, or letter writing or telephone campaign. (4) Generally, costs associated with providing a technical and factual presentation directly related to the performance of a grant, through hearing testimony, statements, or letters to Congress or a state legislature are allowable if made in response to a documented request. (5) Costs associated with lobbying to influence state legislation in order to reduce the cost or to avoid material impairment of the organization's authority to perform the grant are also allowable. [75 FR 59152, Sept. 27, 2010] § 600.230 Removal. The Secretary may remove for cause any Secretarially appointed member of a Council in accordance with section 302(b)(6) of the Magnuson-Stevens Act, wherein the Council concerned first recommends removal of that member by not less than two-thirds of the voting members. A recommendation of a Council to remove a member must be made in writing to the Secretary and accompanied by a statement of the reasons upon which the recommendation is based. [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998] § 600.235 Financial disclosure and recusal. (a) Definitions. Affected individual (1) Nominated by the Governor of a state or appointed by the Secretary of Commerce to serve as a voting member of a Council in accordance with section 302(b)(2) of the Magnuson-Stevens Act; or (2) A representative of an Indian tribe appointed to the Pacific Council by the Secretary of Commerce under section 302(b)(5) of the Magnuson-Stevens Act who is not subject to disclosure and recusal requirements under the laws of an Indian tribal government. (3) A member of an SSC shall be treated as an affected individual for the purposes of paragraphs (b)(1), (b)(5) through (b)(7), and (i) of this section. Close causal link Council decision Designated official Expected and substantially disproportionate benefit Financial Interest Form Financial interest in harvesting, processing, lobbying, advocacy, or marketing (i) Stock, equity, or other ownership interests in, or employment with, any company, business, fishing vessel, or other entity or employment with any entity that has any percentage ownership in or by another entity engaging in any harvesting, processing, lobbying, advocacy, or marketing activity in any fishery under the jurisdiction of the Council concerned; (ii) Stock, equity, or other ownership interests in, or employment with, any company or other entity or employment with any entity that has any percentage ownership in or by another entity that provides equipment or other services essential to harvesting, processing, lobbying, advocacy, or marketing activities in any fishery under the jurisdiction of the Council concerned, such as a chandler or a dock operation; (iii) Employment with, or service as an officer, director, or trustee of, an association whose members include companies, vessels, or other entities engaged in any harvesting, processing, lobbying, advocacy, or marketing activities, or companies or other entities providing services essential to harvesting, processing, lobbying, advocacy, or marketing activities in any fishery under the jurisdiction of the Council concerned; and (iv) Employment with an entity that has any percentage ownership in or by another entity providing consulting, legal, or representational services to any entity engaging in, or providing equipment or services essential to harvesting, processing, lobbying, advocacy, or marketing activities in any fishery under the jurisdiction of the Council concerned, or to any association whose members include entities engaged in the activities described in paragraphs (1)(i) and (ii) of this definition; (2) Does not include stock, equity, or other ownership interests in, or employment with, an entity engaging in scientific fisheries research in any fishery under the jurisdiction of the Council concerned, unless it is covered under paragraph (1) of this definition. A financial interest in such entities is covered by 18 U.S.C. 208, the Federal conflict-of-interest statute. Significant financial interest (1) A greater than 10-percent interest in the total harvest of the fishery or sector of the fishery affected by the Council decision; (2) A greater than 10-percent interest in the marketing or processing of the total harvest of the fishery or sector of the fishery affected by the Council decision; or (3) Full or partial ownership of more than 10 percent of the vessels using the same gear type within the fishery or sector of the fishery affected by the Council decision. (b) Reporting. (2) The Financial Interest Form must be filed by each nominee for Secretarial appointment to the Council with the Assistant Administrator by April 15 or, if nominated after March 15, one month after nomination by the Governor. A seated voting member appointed by the Secretary must file a Financial Interest Form with the Executive Director of the appropriate Council within 45 days of taking office; must file an update of his or her statement with the Executive Director of the appropriate Council within 30 days of the time any such financial interest is acquired or substantially changed by the affected individual or the affected individual's spouse, minor child, partner, or any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee; and must update his or her form annually and file that update with the Executive Director of the appropriate Council by February 1 of each year, regardless of whether any information has changed on that form. (3) The Executive Director must, in a timely manner, provide copies of and updates to the Financial Interest Forms of appointed Council members to the NMFS Regional Administrator, the Regional Attorney who advises the Council, the Department of Commerce Assistant General Counsel for Administration, and the NMFS Office of Sustainable Fisheries. These completed Financial Interest Forms shall be kept on file in the office of the NMFS Regional Administrator and at the Council offices, and shall be made available for public inspection at such offices during normal office hours. In addition, the forms shall be made available at each Council meeting or hearing and shall be posted for download from the Internet on the Council's website. (4) Councils must retain the Financial Interest Form for a Council member for at least 5 years after the expiration of that individual's last term. (5) The Regional Administrator must retain the Financial Interest Form for a Council member for 20 years from the date the form is signed by the Council member or in accordance with the current NOAA records schedule. (6) An individual being considered for appointment to an SSC must file the Financial Interest Form with the Regional Administrator for the geographic area concerned within 45 days prior to appointment. A member of the SSC must file an update of his or her statement with the Regional Administrator for the geographic area concerned within 30 days of the time any such financial interest is acquired or substantially changed by the SSC member or the SSC member's spouse, minor child, partner, or any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee; and must update his or her form annually and file that update with the Regional Administrator by February 1 of each year. (7) An individual who serves as an SSC member to more than one Council shall file Financial Interest Forms with each Regional Administrator for the geographic areas concerned. (8) The Regional Administrator must retain the Financial Interest Forms of all SSC members for at least five years after the expiration of that individual's term on the SSC. Such forms are not subject to sections 302(j)(5)(B) and (C) of the Magnuson-Stevens Act. (c) Restrictions on voting. (2) As used in this section, a Council decision will be considered to have a “significant and predictable effect on a financial interest” if there is a close causal link between the decision and an expected and substantially disproportionate benefit to the financial interest in harvesting, processing, lobbying, advocacy, or marketing of any affected individual or the affected individual's spouse, minor child, partner, or any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee, relative to the financial interests of other participants in the same gear type or sector of the fishery. The relative financial interests of the affected individual and other participants will be determined with reference to the most recent fishing year for which information is available. However, for fisheries in which IFQs are assigned, the percentage of IFQs assigned to the affected individual will be the determining factor. (3) In making a determination under paragraph (f) of this section as to whether a Council decision will have a significant and predictable effect on an affected individual's financial interests, the designated official will: (i) Initially determine whether the action before the Council is a Council decision, and whether the affected individual has any financial interest in the fishery or sector of the fishery affected by the action. (ii) If the designated official determines that the action is not a Council decision or that the affected individual does not have any financial interest in the fishery or sector of the fishery affected by the action, the designated official's inquiry ends and the designated official will determine that a voting recusal is not required under 50 CFR 600.235. (iii) However, if the designated official determines that the action is a Council decision and that the affected individual has a financial interest in the fishery or sector of the fishery affected by the Council decision, a voting recusal is required under 50 CFR 600.235 if there is: (A) An expected and substantially disproportionate benefit to the affected individual's financial interest (see paragraph (c)(5) of this section), and (B) A close causal link (see paragraph (c)(4) of this section) between the Council decision and the expected and substantially disproportionate benefit to the affected individual's financial interest. (4) A close causal link for Council decisions that either require or do not require implementing regulations is determined as follows: (i) For all Council decisions that require implementing regulations and that affect a fishery or sector of a fishery in which an affected individual has a financial interest, a close causal link exists unless: (A) The chain of causation between the Council decision and the affected individual's financial interest is attenuated or is contingent on the occurrence of events that are speculative or that are independent of and unrelated to the Council decision; or (B) There is no real, as opposed to speculative, possibility that the Council decision will affect the affected individual's financial interest. (ii) For Council decisions that do not require implementing regulations, a close causal link exists if there is a real, as opposed to speculative, possibility that the Council decision will affect the affected individual's financial interest. (5) A designated official will determine that an expected and substantially disproportionate benefit exists if an affected individual has a significant financial interest (see paragraph (c)(6) of this section) in the fishery or sector of the fishery that is likely to be positively or negatively affected by the Council decision. The magnitude of the positive or negative impact is not determinative of whether there is an expected and substantially disproportionate benefit. The determining factor is the affected individual's significant financial interest in the fishery or sector of the fishery affected by the Council decision. (6) When calculating significant financial interest, the designated official will rely on certain information. (i) The information to be used is as follows: (A) The designated official will use the information included in the Financial Interest Form and any other reliable and probative information provided in writing. (B) The designated official may contact an affected individual to better understand the reported financial interest or any information provided in writing. (C) The designated official will presume that the information reported on the Financial Interest Form is true and correct and the designated official is not responsible for determining the veracity of the reported information when preparing a determination under paragraph (f) of this section. (D) If an affected individual does not provide information concerning the specific percentage of ownership of a financial interest reported on his or her Financial Interest Form, the designated official will attribute all harvesting, processing, or marketing activity of, and vessels owned by, the financial interest to the affected individual. (ii) The designated official will apply the following principles when calculating an affected individual's financial interests relative to the significant financial interest thresholds for the fishery or sector of the fishery affected by the action. For purposes of this paragraph, use of the term “company” includes any business, vessel, or other entity. (A) For attributions concerning direct ownership (companies owned by or that employ an affected individual) the designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company when the affected individual owns 100 percent of that company. If an affected individual owns less than 100 percent of a company, the designated official will attribute to the affected individual the harvesting, processing, and marketing activity of, and vessels owned by, the company commensurate with the affected individual's percentage of ownership. The designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company that employs the affected individual. (B) For attributions concerning indirect ownership (companies owned by an affected individual's company or employer) the designated official will attribute to the affected individual the harvesting, processing, and marketing activity of, and vessels owned by, a company that is owned by that affected individual's company or employer commensurate with the affected individual's percentage ownership in the directly owned company, and the directly owned company's ownership in the indirectly owned company. (C) For attributions concerning parent ownership (companies that own some percentage of an affected individual's company or employer) the designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company that owns fifty percent or more of a company that is owned by the affected individual or that employs the affected individual. The designated official will not attribute to an affected individual the harvesting, processing, or marketing activity of, or any vessels owned by, a company that owns less than fifty percent of a company that is owned by the affected individual or that employs the affected individual. (D) For attributions concerning employment or service with associations or organizations, an affected individual may be employed by or serve, either compensated or unpaid, as an officer, director, board member or trustee of an association or organization. The designated official will not attribute to the affected individual the vessels owned by, or the harvesting, processing, or marketing activity conducted by, the members of that association or organization if such organization or association, as an entity separate from its members, does not own any vessels and is not directly engaged in harvesting, processing or marketing. However, if such organization or association receives from NMFS an allocation of harvesting or processing privileges, owns vessels, or is directly engaged in harvesting, processing or marketing, the designated official will attribute to the affected individual the vessels owned by, and all harvesting, processing, and marketing activity of, that association or organization. (E) For the financial interests of a spouse, partner or minor child, the designated official will consider the following factors for ownership and employment. (1) For the financial interests of a spouse, partner or minor child related to ownership, the designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company when the affected individual's spouse, partner or minor child owns 100 percent of that company. If an affected individual's spouse, partner or minor child owns less than 100 percent of a company, the designated official will attribute to the affected individual the harvesting, processing, and marketing activity of, and vessels owned by, the company commensurate with the spouse's, partner's or minor child's percentage of ownership. (2) For the financial interests of a spouse, partner or minor child related to employment, the designated official will not attribute to an affected individual the harvesting, processing, or marketing activity of, or any vessels owned by, a company that employs the affected individual's spouse, partner or minor child when the spouse's, partner's or minor child's compensation are not influenced by, or fluctuate with, the financial performance of the company. The designated official will attribute to an affected individual all harvesting, processing, and marketing activity of, and all vessels owned by, a company that employs the Council member's spouse, partner or minor child when the spouse's, partner's or minor child's compensation are influenced by, or fluctuate with, the financial performance of the company. (7) A member of an SSC is not subject to the restrictions on voting under this section. (d) Voluntary recusal. (e) Participation in deliberations. (f) Process and procedure for determination. (i) Within a reasonable time before the Council meeting at which the Council decision will be made; or (ii) During a Council meeting before a Council vote on the decision. (2) The designated official may initiate a determination on the basis of— (i) His or her knowledge of the fishery and the financial interests disclosed by an affected individual; or (ii) Written and signed information received within a reasonable time before a Council meeting or, if the issue could not have been anticipated before the meeting, during a Council meeting before a Council vote on the decision. (3) At the beginning of each Council meeting, or during a Council meeting at any time reliable and probative information is received, the designated official shall announce the receipt of information relevant to a determination concerning recusal, the nature of that information, and the identity of the submitter of such information. (4) If the designated official determines that the affected individual may not vote, the individual may state for the record how he or she would have voted. A Council Chair may not allow such an individual to cast a vote. (5) A reversal of a determination under paragraph (g) of this section may not be treated as cause for invalidation or reconsideration by the Secretary of a Council's decision. (6) Regional Recusal Determination Procedure Handbooks shall be developed for reach NMFS Region. (i) Each NMFS Regional Office, in conjunction with NOAA Office of General Counsel, will publish and make available to the public its Regional Recusal Determination Procedure Handbook, which explains the process and procedure typically followed in preparing and issuing recusal determinations. (ii) A Regional Recusal Determination Procedure Handbook must include: (A) A statement that the Regional Recusal Determination Procedure Handbook is intended as guidance to describe the recusal determination process and procedure typically followed within the region. (B) Identification of the Council(s) to which the Regional Recusal Determination Procedure Handbook applies. If the Regional Recusal Determination Procedure Handbook applies to multiple Councils, any procedure that applies to a subset of those Councils should clearly identify the Council(s) to which the procedure applies. (C) A description of the process for identifying the fishery or sector of the fishery affected by the action before the Council. (D) A description of the process for preparing and issuing a recusal determination relative to the timing of a Council decision. (E) A description of the process by which the Council, Council members, and the public will be made aware of recusal determinations. (F) A description of the process for identifying the designated official(s) who will prepare recusal determinations and attend Council meetings. (iii) A Regional Recusal Determination Procedure Handbook may include additional material related to the region's process and procedure for recusal determinations not specifically identified in paragraph (f)(6)(ii) of this section. A Regional Recusal Determination Procedure Handbook may be revised at any time upon agreement by the NMFS Regional Office and NOAA Office of General Counsel. (g) Review of determinations. (2) A Council member may request a review of any aspect of the recusal determination, including but not limited to, whether the action is a Council decision, the description of the fishery or sector of the fishery affected by the Council action, the calculation of an affected individual's financial interests or the finding of a significant financial interest, and the existence of a close causal link. A request for review must include a full statement in support of the review, including a concise statement as to why the Council member believes that the recusal determination is in error and why the designated official's determination should be reversed. (3) If the request for review is from a Council member other than the affected individual whose vote is at issue, the requester must provide a copy of the request to the affected individual at the same time it is submitted to the NOAA General Counsel. The affected individual may submit a response to the NOAA General Counsel within 10 days from the date of his/her receipt of the request for review. (4) The NOAA General Counsel must complete the review and issue a decision within 30 days from the date of receipt of the request for review. The NOAA General Counsel will limit the review to the record before the designated official at the time of the determination, the request, and any response. (h) The provisions of 18 U.S.C. 208 regarding conflicts of interest do not apply to an affected individual who is a voting member of a Council appointed by the Secretary, as described under section 302(j)(1)(A)(ii) of the Magnuson-Stevens Act, and who is in compliance with the requirements of this section for filing a Financial Interest Form. The provisions of 18 U.S.C. 208 do not apply to a member of an SSC, unless that individual is an officer or employee of the United States or is otherwise covered by the requirements of 18 U.S.C. 208. (i) It is unlawful for an affected individual to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required by this section, or to knowingly vote on a Council decision in violation of this section. In addition to the penalties applicable under § 600.735, a violation of this provision may result in removal of the affected individual from Council or SSC membership. [63 FR 64185, Nov. 19, 1998, as amended at 75 FR 59152, Sept. 27, 2010; 85 FR 56182, Sept. 11, 2020] § 600.240 Security assurances. (a) DOC Office of Security will issue security assurances to Council members following completion of favorable background investigations. A Council member's appointment is conditional until such time as the background investigation has been favorably adjudicated. The Secretary will revoke the member's appointment if that member receives an unfavorable background investigation. In instances in which Council members may need to discuss, at closed meetings, materials classified for national security purposes, the agency or individual (e.g., Department of State, U.S. Coast Guard) providing such classified information will be responsible for ensuring that Council members and other attendees have the appropriate security clearances. (b) Each nominee to a Council is required to complete a Certification of Status form (“form”). All nominees must certify, pursuant to the Foreign Agents Registration Act of 1938, whether they serve as an agent of a foreign principal. Each nominee must certify, date, sign, and return the form with his or her completed nomination kit. Nominees will not be considered for appointment to a Council if they have not filed this form. Any nominee who currently is an agent of a foreign principal will not be eligible for appointment to a Council, and therefore should not be nominated by a Governor for appointment. [61 FR 32540, June 24, 1996, as amended 75 FR 59153, Sept. 27, 2010] § 600.245 Council member compensation. (a) All voting Council members whose eligibility for compensation has been established in accordance with NOAA guidelines will be paid through the cooperative agreement as a direct line item on a contractual basis without deductions being made for Social Security or Federal and state income taxes. A report of compensation will be furnished each year by the member's Council to the proper Regional Program Officer, as required by the Internal Revenue Service. Such compensation may be paid on a full day's basis, whether in excess of 8 hours a day or less than 8 hours a day. The time is compensable where the individual member is required to expend a significant private effort that substantially disrupts the daily routine to the extent that a work day is lost to the member. “Homework” time in preparation for formal Council meetings is not compensable. (b) Non-government Council members receive compensation for: (1) Days spent in actual attendance at a meeting of the Council or jointly with another Council. (2) Travel on the day preceding or following a scheduled meeting that precluded the member from conducting his normal business on the day in question. (3) Meetings of standing committees of the Council if approved in advance by the Chair. (4) Individual member meeting with scientific and technical advisors, when approved in advance by the Chair and a substantial portion of any day is spent at the meeting. (5) Conducting or attending hearings, when authorized in advance by the Chair. (6) Other meetings involving Council business when approved in advance by the Chair. (c) The Executive Director of each Council must submit to the appropriate Regional Office annually a report, approved by the Council Chair, of Council member compensation authorized. This report shall identify, for each member, amount paid, dates, and location and purpose of meetings attended. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 66 FR 57888, Nov. 19, 2001] § 600.250 Council member training. (a) The Secretary shall provide a training course covering a variety of topics relevant to matters before the Councils and shall make the training course available to all Council members and staff and staff from NMFS regional offices and science centers. To the extent resources allow, the Secretary will make the training available to Council committee and advisory panel members. (b) Council members appointed after January 12, 2007, shall, within one year of appointment, complete the training course developed by the Secretary. Any Council member who completed such a training course within 24 months of January 12, 2007, is considered to have met the training requirement of this section. [75 FR 59154, Sept. 27, 2010] Subpart D—National Standards § 600.305 General. (a) Purpose. (2) In developing FMPs, the Councils have the initial authority to ascertain factual circumstances, to establish management objectives, and to propose management measures that will achieve the objectives. The Secretary will determine whether the proposed management objectives and measures are consistent with the national standards, other provisions of the Magnuson-Stevens Act (MSA), and other applicable law. The Secretary has an obligation under section 301(b) of the MSA to inform the Councils of the Secretary's interpretation of the national standards so that they will have an understanding of the basis on which FMPs will be reviewed. (3) The national standards are statutory principles that must be followed in any FMP. The guidelines summarize Secretarial interpretations that have been, and will be, applied under these principles. The guidelines are intended as aids to decision-making; FMPs formulated according to the guidelines will have a better chance for expeditious Secretarial review, approval, and implementation. FMPs that are not formulated according to the guidelines may not be approved by the Secretary if the FMP or FMP amendment is inconsistent with the MSA or other applicable law (16 U.S.C. 1854(a)(3)). (b) Fishery management objectives. i.e., (2) To reflect the changing needs of the fishery over time, Councils should reassess the FMP's management objectives on a regular basis. (3) How objectives are defined is important to the management process. Objectives should address the problems of a particular fishery. The objectives should be clearly stated, practicably attainable, framed in terms of definable events and measurable benefits, and based upon a comprehensive rather than a fragmentary approach to the problems addressed. An FMP should make a clear distinction between objectives and the management measures chosen to achieve them. The objectives of each FMP provide the context within which the Secretary will judge the consistency of an FMP's conservation and management measures with the national standards. (c) Stocks that require conservation and management. (i) The stock is an important component of the marine environment. (ii) The stock is caught by the fishery. (iii) Whether an FMP can improve or maintain the condition of the stock. (iv) The stock is a target of a fishery. (v) The stock is important to commercial, recreational, or subsistence users. (vi) The fishery is important to the Nation or to the regional economy. (vii) The need to resolve competing interests and conflicts among user groups and whether an FMP can further that resolution. (viii) The economic condition of a fishery and whether an FMP can produce more efficient utilization. (ix) The needs of a developing fishery, and whether an FMP can foster orderly growth. (x) The extent to which the fishery is already adequately managed by states, by state/Federal programs, or by Federal regulations pursuant to other FMPs or international commissions, or by industry self-regulation, consistent with the requirements of the Magnuson-Stevens Act and other applicable law. (2) In evaluating factors in paragraphs (c)(1)(i) through (x) of this section, a Council should consider the specific circumstances of a fishery, based on the best scientific information available, to determine whether there are biological, economic, social and/or operational concerns that can and should be addressed by Federal management. (3) When considering adding a stock to an FMP, no single factor is dispositive or required. One or more of the above factors, and any additional considerations that may be relevant to the particular stock, may provide the basis for determining that a stock requires conservation and management. Based on the factor in paragraph (c)(1)(iii) of this section, if the amount and/or type of catch that occurs in Federal waters is a significant contributing factor to the stock's status, such information would weigh heavily in favor of adding a stock to an FMP. However, Councils should consider the factor in paragraph (c)(1)(x) of this section before deciding to include a stock in an FMP. In many circumstances, adequate management of a fishery by states, state/Federal programs, or another Federal FMP would weigh heavily against a Federal FMP action. See, e.g., (4) When considering removing a stock from, or continuing to include a stock in, an FMP, Councils should prepare a thorough analysis of factors in paragraphs (c)(1)(i) through (x) of this section, and any additional considerations that may be relevant to the particular stock. As mentioned in paragraph (c)(3) of this section, if the amount and/or type of catch that occurs in Federal waters is a significant contributing factor to the stock's status, such information would weigh heavily in favor of continuing to include a stock in an FMP. Councils should consider weighting the factors as follows. Factors in paragraphs (c)(1)(i) through (iii) of this section should be considered first, as they address maintaining a fishery resource and the marine environment. See See See e.g., (5) Councils may choose to identify stocks within their FMPs as ecosystem component (EC) species ( see (6) A stock or stock complex may be identified in more than one FMP. In this situation, the relevant Councils should choose which FMP will be the primary FMP in which reference points for the stock or stock complex will be established. In other FMPs, the stock or stock complex may be identified as “other managed stocks” and management measures that are consistent with the objectives of the primary FMP can be established. (7) Councils should periodically review their FMPs and the best scientific information available and determine if the stocks are appropriately identified. As appropriate, stocks should be reclassified within an FMP, added to or removed from an existing FMP, or added to a new FMP, through an FMP amendment that documents the rationale for the decision. (d) Word usage within the National Standard Guidelines. (1) Must (2) Shall (3) Should (4) May (5) Will (6) Could (7) Can (8) Examples (9) Analysis, (10) Council (11) Target stocks (12) Non-target species non-target stocks (13) Ecosystem Component Species see (e) Relationship of National Standard 1 to other national standards General. See See (1) National Standard 2 see see (2) National Standard 3 see see (3) National Standard 6 see (4) National Standard 8 see (5) National Standard 9 see [81 FR 71893, Oct. 18, 2016] § 600.310 National Standard 1—Optimum Yield. (a) Standard 1. (b) General. (i) Specifying maximum sustainable yield (MSY) and OY; (ii) Specifying status determination criteria (SDC) so that overfishing and overfished determinations can be made for stocks and stock complexes in an FMP; (iii) Preventing overfishing and achieving OY, incorporation of scientific and management uncertainty in control rules, and adaptive management using annual catch limits (ACL) and measures to ensure accountability ( i.e., (iv) Rebuilding stocks and stock complexes. (2) Overview of Magnuson-Stevens Act concepts and provisions related to NS1 MSY. (ii) OY. (iii) ACLs and AMs. (iv) Reference points. (v) Scientific advice. See (A) Each Regional Fishery Management Council shall establish an SSC as described in section 302(g)(1)(A) of the Magnuson-Stevens Act. (B) Each SSC shall provide its Regional Fishery Management Council recommendations for ABC as well as other scientific advice, as described in Magnuson-Stevens Act section 302(g)(1)(B). (C) The Secretary and each Regional Fishery Management Council may establish a peer review process for that Council for scientific information used to advise the Council about the conservation and management of a fishery ( see (D) Each Council shall develop ACLs for each of its managed fisheries that may not exceed the “fishing level recommendations” of its SSC or peer review process (Magnuson-Stevens Act section 302(h)(6)). The SSC recommendation that is the most relevant to ACLs is ABC, as both ACL and ABC are levels of annual catch. (3) Approach for setting limits and accountability measures, including targets, for consistency with NS1. (4) Vulnerability. e.g., (c) Summary of items to include in FMPs related to NS1. see (1) MSY and SDC ( see (2) OY at the stock, stock complex, or fishery level and provide the OY specification analysis ( see (3) ABC control rule ( see (4) Mechanisms for specifying ACLs ( see (5) AMs ( see (6) Stocks and stock complexes that have statutory exceptions from ACLs and AMs ( see see (d) Stocks and stock complexes (1) Introduction. i.e., see (2) Stock complex. (i) At the time a stock complex is established, the FMP should provide, to the extent practicable, a full and explicit description of the proportional composition of each stock in the stock complex. Stocks may be grouped into complexes for various reasons, including where stocks in a multispecies fishery cannot be targeted independent of one another; where there is insufficient data to measure a stock's status relative to SDC; or when it is not feasible for fishermen to distinguish individual stocks among their catch. Where practicable, the group of stocks should have a similar geographic distribution, life history characteristics, and vulnerabilities to fishing pressure such that the impact of management actions on the stocks is similar. The vulnerability of individual stocks should be considered when determining if a particular stock complex should be established or reorganized, or if a particular stock should be included in a complex. (ii) Indicator stocks. (B) Where practicable, stock complexes should include one or more indicator stocks (each of which has SDC and ACLs). Otherwise, stock complexes may be comprised of: Several stocks without an indicator stock (with SDC and an ACL for the complex as a whole), or one or more indicator stocks (each of which has SDC and management objectives) with an ACL for the complex as a whole (this situation might be applicable to some salmon species). Councils should review the available quantitative or qualitative information ( e.g., (C) If an indicator stock is used to evaluate the status of a complex, it should be representative of the typical vulnerability of stocks within the complex. If the stocks within a stock complex have a wide range of vulnerability, they should be reorganized into different stock complexes that have similar vulnerabilities; otherwise the indicator stock should be chosen to represent the more vulnerable stocks within the complex. In instances where an indicator stock is less vulnerable than other members of the complex, management measures should be more conservative so that the more vulnerable members of the complex are not at risk from the fishery. (D) More than one indicator stock can be selected to provide more information about the status of the complex. (E) When indicator stocks are used, the stock complex's MSY could be listed as “unknown,” while noting that the complex is managed on the basis of one or more indicator stocks that do have known stock-specific MSYs, or suitable proxies, as described in paragraph (e)(1)(v) of this section. (e) Features of MSY, SDC, and OY MSY. (i) Definitions. MSY e.g., (B) MSY fishing mortality rate F msy (C) MSY stock size B msy msy. (ii) MSY for stocks. see (iii) MSY for stock complexes. see (iv) Methods of estimating MSY for an aggregate group of stocks. see (v) Specifying MSY. see (B) When data are insufficient to estimate MSY directly, Councils should adopt other measures of reproductive potential that can serve as reasonable proxies for MSY, F msy msy (C) The MSY for a stock or stock complex is influenced by its interactions with other stocks in its ecosystem and these interactions may shift as multiple stocks in an ecosystem are fished. Ecological and environmental information should be taken into account, to the extent practicable, when assessing stocks and specifying MSY. Ecological and environmental information that is not directly accounted for in the specification of MSY can be among the ecological factors considered when setting OY below MSY. (D) As MSY values are estimates or are based on proxies, they will have some level of uncertainty associated with them. The degree of uncertainty in the estimates should be identified, when practicable, through the stock assessment process and peer review ( see see (2) Status determination criteria Definitions Status determination criteria SDC (B) Overfishing (C) Maximum fishing mortality threshold (MFMT) (D) Overfishing limit (OFL) (E) Overfished. (F) Minimum stock size threshold (MSST) (G) Approaching an overfished condition. (ii) Specification of SDC and overfishing and overfished determinations. (A) SDC to Determine Overfishing Status. 1 2 1 2 ( 1 Fishing Mortality Rate Exceeds MFMT. ( 2 Catch Exceeds the OFL. ( 3 Multi-Year Approach to Determine Overfishing Status. (B) SDC to determine overfished status. 1/2 msy msy (C) Where practicable, all sources of mortality including that resulting from bycatch, scientific research catch, and all fishing activities should be accounted for in the evaluation of stock status with respect to reference points. (iii) Relationship of SDC to environmental and habitat change. (A) If environmental changes cause a stock or stock complex to fall below its MSST without affecting its long-term reproductive potential, fishing mortality must be constrained sufficiently to allow rebuilding within an acceptable time frame ( see (B) If environmental, ecosystem, or habitat changes affect the long-term reproductive potential of the stock or stock complex, one or more components of the SDC must be respecified. Once SDC have been respecified, fishing mortality may or may not have to be reduced, depending on the status of the stock or stock complex with respect to the new criteria. (C) If manmade environmental changes are partially responsible for a stock or stock complex's biomass being below MSST, in addition to controlling fishing mortality, Councils should recommend restoration of habitat and other ameliorative programs, to the extent possible ( see (iv) Secretarial approval of SDC. (A) Is based on the best scientific information available; (B) Contains the elements described in paragraph (e)(2)(ii) of this section; (C) Provides a basis for objective measurement of the status of the stock or stock complex against the criteria; and (D) Is operationally feasible. (3) Optimum yield. (i) Definitions Optimum yield (OY). (B) In NS1, use of the phrase “achieving, on a continuing basis, the OY from each fishery” means: producing, from each stock, stock complex, or fishery, an amount of catch that is, on average, equal to the Council's specified OY; prevents overfishing; maintains the long term average biomass near or above B msy (ii) General. (iii) Assessing OY. (A) Determining the greatest benefit to the Nation. ( 1 ( 2 ( 3 e.g., (B) Economic, Ecological, and Social Factors. ( 1 Social factors. e.g., e.g., e.g., e.g., ( 2 Economic factors. see ( 3 Ecological factors. msy (iv) Specifying OY. (A) The OY can be expressed in terms of numbers or weight of fish, and either as a single value or a range. When it is not possible to specify OY quantitatively, OY may be described qualitatively. (B) The determination of OY is based on MSY, directly or through proxy. However, even where sufficient scientific data as to the biological characteristics of the stock do not exist, or where the period of exploitation or investigation has not been long enough for adequate understanding of stock dynamics, or where frequent large-scale fluctuations in stock size diminish the meaningfulness of the MSY concept, OY must still be established based on the best scientific information available. (C) An OY established at a fishery level may not exceed the sum of the MSY values for each of the stocks or stocks complexes within the fishery. Aggregate level MSY estimates could be used as a basis for specifying OY for the fishery ( see (D) For internationally-managed stocks, fishing levels that are agreed upon by the U.S. at the international level are considered to be consistent with OY requirements under the MSA and these guidelines. (v) OY and foreign fishing. (A) The OY specification is the basis for establishing any total allowable level of foreign fishing (TALFF). (B) Part of the OY may be held as a reserve to allow for domestic annual harvest (DAH). If an OY reserve is established, an adequate mechanism should be included in the FMP to permit timely release of the reserve to domestic or foreign fishermen, if necessary. (C) DAH. (D) Domestic annual processing (DAP). e.g., (E) Joint venture processing (JVP). (f) Acceptable biological catch and annual catch limits Definitions. Catch (ii) Acceptable biological catch (ABC) (iii) Annual catch limit (ACL) see (iv) Control rule (v) Management uncertainty i.e., (vi) Scientific uncertainty (2) ABC control rule. (ii) The ABC control rule must articulate how ABC will be set compared to the OFL based on the scientific knowledge about the stock or stock complex and taking into account scientific uncertainty ( see msy (A) Phase-in ABC control rules. i.e., (B) Carry-over ABC control rules. i.e., e.g., (3) Specification of ABC. see i.e., see (i) Expression of ABC. (ii) ABC for overfished stocks. i.e., rebuild (4) Setting the annual catch limit General. see (ii) Sector-ACLs. (iii) ACLs for State-Federal Fisheries. See (iv) Relationship between OY and the ACL framework. e.g., see (g) Accountability measures (AMs) Introduction. e.g., (2) Inseason AMs. see (3) AMs for when the ACL is exceeded. (4) Annual Catch Target (ACT) and ACT control rule. (5) AMs based on multi-year average data. (6) AMs for State-Federal Fisheries. (7) Performance Standard. e.g., (h) Establishing ACL mechanisms and AMs in FMPs. see (1) Exceptions from ACL and AM requirements Life cycle. (ii) International fishery agreements. see (2) Flexibility in application of NS1 guidelines. e.g., (i) Fisheries data. (1) Sources of fishing mortality (both landed and discarded), including commercial and recreational catch and bycatch in other fisheries; (2) Description of the data collection and estimation methods used to quantify total catch mortality in each fishery, including information on the management tools used ( e.g., (3) Description of the methods used to compile catch data from various catch data collection methods and how those data are used to determine the relationship between total catch at a given point in time and the ACL for stocks and stock complexes that require conservation and management. (j) Council actions to address overfishing and rebuilding for stocks and stock complexes (1) Notification. (i) Overfishing is occurring; (ii) A stock or stock complex is overfished; (iii) A stock or stock complex is approaching an overfished condition; or (iv) Existing remedial action taken for the purpose of ending previously identified overfishing or rebuilding a previously identified overfished stock or stock complex has not resulted in adequate progress ( see (2) Timing of actions If a stock or stock complex is undergoing overfishing. (ii) If a stock or stock complex is overfished or approaching an overfished condition. (3) Overfished fishery. target see target (A) The minimum time for rebuilding a stock (T min ). T min msy, min (B) The maximum time for rebuilding a stock or stock complex to its B msy (T max ( 1 min max ( 2 min max ( i min ( ii msy ( iii min ( 3 min max max, 2 ii iii (C) Target time to rebuilding a stock or stock complex (T target . T target target max target rebuild (ii) Council action addressing an overfished fishery must allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery. (iii) For fisheries managed under an international agreement, Council action addressing an overfished fishery must reflect traditional participation in the fishery, relative to other nations, by fishermen of the United States. (iv) Adequate Progress. rebuild rebuild see see (v) While a stock or stock complex is rebuilding, revising rebuilding timeframes ( i.e., target max rebuild (vi) If a stock or stock complex has not rebuilt by T max rebuild (4) Emergency actions and interim measures. see see (i) The interim measures are needed to address an unanticipated and significantly changed understanding of the status of the stock or stock complex; (ii) Ending overfishing immediately is expected to result in severe social and/or economic impacts to a fishery; and (iii) The interim measures will ensure that the stock or stock complex will increase its current biomass through the duration of the interim measures. (5) Discontinuing a rebuilding plan based on new scientific information. msy see (k) International overfishing. (1) Develop recommendations for domestic regulations to address the relative impact of the U.S. fishing vessels on the stock. Council recommendations should be submitted to the Secretary. (2) Develop and submit recommendations to the Secretary of State, and to the Congress, for international actions that will end overfishing in the fishery and rebuild the affected stocks, taking into account the relative impact of vessels of other nations and vessels of the United States on the relevant stock. Councils should, in consultation with the Secretary, develop recommendations that take into consideration relevant provisions of the Magnuson-Stevens Act and NS1 guidelines, including section 304(e) of the Magnuson-Stevens Act and paragraph (j)(3)(iii) of this section, and other applicable laws. For highly migratory species in the Pacific, recommendations from the Western Pacific, North Pacific, or Pacific Councils must be developed and submitted consistent with Magnuson-Stevens Reauthorization Act section 503(f), as appropriate. (3) Considerations for assessing “relative impact.” (l) Exceptions to requirements to prevent overfishing. (1) Such action will result in long-term net benefits to the Nation; (2) Mitigating measures have been considered and it has been demonstrated that a similar level of long-term net benefits cannot be achieved by modifying fleet behavior, gear selection/configuration, or other technical characteristics in a manner such that no overfishing would occur; and (3) The resulting rate of fishing mortality will not cause any stock or stock complex to fall below its MSST more than 50 percent of the time in the long term, although it is recognized that persistent overfishing is expected to cause the affected stock to fall below its B msy [81 FR 71895, Oct. 18, 2016] § 600.315 National Standard 2—Scientific Information. (a) Standard 2. (1) Fishery conservation and management require high quality and timely biological, ecological, environmental, economic, and sociological scientific information to effectively conserve and manage living marine resources. Successful fishery management depends, in part, on the thorough analysis of this information, and the extent to which the information is applied for: (i) Evaluating the potential impact that conservation and management measures will have on living marine resources, essential fish habitat (EFH), marine ecosystems, fisheries participants, fishing communities, and the nation; and (ii) Identifying areas where additional management measures are needed. (2) Scientific information that is used to inform decision making should include an evaluation of its uncertainty and identify gaps in the information. Management decisions should recognize the biological (e.g., overfishing), ecological, sociological, and economic (e.g., loss of fishery benefits) risks associated with the sources of uncertainty and gaps in the scientific information. (3) Information-limited fisheries, commonly referred to as “data-poor” fisheries, may require use of simpler assessment methods and greater use of proxies for quantities that cannot be directly estimated, as compared to data-rich fisheries. (4) Scientific information includes, but is not limited to, factual input, data, models, analyses, technical information, or scientific assessments. Scientific information includes data compiled directly from surveys or sampling programs, and models that are mathematical representations of reality constructed with primary data. The complexity of the model should not be the defining characteristic of its value; the data requirements and assumptions associated with a model should be commensurate with the resolution and accuracy of the available primary data. Scientific information includes established and emergent scientific information. Established science is scientific knowledge derived and verified through a standard scientific process that tends to be agreed upon often without controversy. Emergent science is relatively new knowledge that is still evolving and being verified, therefore, may potentially be uncertain and controversial. Emergent science should be considered more thoroughly, and scientists should be attentive to effective communication of emerging science. (5) Science is a dynamic process, and new scientific findings constantly advance the state of knowledge. Best scientific information is, therefore, not static and ideally entails developing and following a research plan with the following elements: Clear statement of objectives; conceptual model that provides the framework for interpreting results, making predictions, or testing hypotheses; study design with an explicit and standardized method of collecting data; documentation of methods, results, and conclusions; peer review, as appropriate; and communication of findings. (6) Criteria to consider when evaluating best scientific information are relevance, inclusiveness, objectivity, transparency and openness, timeliness, verification and validation, and peer review, as appropriate. (i) Relevance. (ii) Inclusiveness. (A) The relevant range of scientific disciplines should be consulted to encompass the scope of potential impacts of the management decision. (B) Alternative scientific points of view should be acknowledged and addressed openly when there is a diversity of scientific thought. (C) Relevant local and traditional knowledge ( e.g., (iii) Objectivity. (iv) Transparency and openness. (B) Scientific information products should describe data collection methods, report sources of uncertainty or statistical error, and acknowledge other data limitations. Such products should explain any decisions to exclude data from analysis. Scientific products should identify major assumptions and uncertainties of analytical models. Finally, such products should openly acknowledge gaps in scientific information. (v) Timeliness. (A) For information that needs to be updated on a regular basis, the temporal gap between information collection and management implementation should be as short as possible, subject to regulatory constraints, and such timing concerns should be explicitly considered when developing conservation and management measures. Late submission of scientific information to the Council process should be avoided if the information has circumvented the review process. Data collection is a continuous process, therefore analysis of scientific information should specify a clear time point beyond which new information would not be considered in that analysis and would be reserved for use in subsequent analytical updates. (B) Historical information should be evaluated for its relevance to inform the current situation. For example, some species' life history characteristics might not change over time. Other historical data (e.g., abundance, environmental, catch statistics, market and trade trends) provide time-series information on changes in fish populations, fishery participation, and fishing effort that may inform current management decisions. (vi) Verification and validation. (A) Verification (B) Validation (vii) Peer review. (b) Peer review process. (1) The objective or scope of the peer review, the nature of the scientific information to be reviewed, and timing of the review should be considered when selecting the type of peer review to be used. The process established by the Secretary and Council should focus on providing review for information that has not yet undergone rigorous peer review, but that must be peer reviewed in order to provide reliable, high quality scientific advice for fishery conservation and management. Duplication of previously conducted peer review should be avoided. (i) Form of process. (ii) Timing. (iii) Scope of work. (2) Peer reviewer selection. (i) Expertise and balance. (ii) Conflict of interest. (A) Under the NOAA policy, peer reviewers must not have any conflicts of interest with the scientific information, subject matter, or work product under review, or any aspect of the statement of work for the peer review. For purposes of this section, a conflict of interest is any financial or other interest which conflicts with the service of the individual on a review panel because it: could significantly impair the reviewer's objectivity, or could create an unfair competitive advantage for a person or organization. (B) No individual can be appointed to a review panel if that individual has a conflict of interest that is relevant to the functions to be performed. For reviews requiring highly specialized expertise, the limited availability of qualified reviewers might result in an exception when a conflict of interest is unavoidable; in this situation, the conflict must be promptly and publicly disclosed. Conflicts of interest include, but are not limited to, the personal financial interests and investments, employer affiliations, and consulting arrangements, grants, or contracts of the individual and of others with whom the individual has substantial common financial interests, if these interests are relevant to the functions to be performed. (iii) Independence. (3) Transparency. Federal Register (4) Publication of the peer review process. Federal Register (c) SSC scientific evaluation and advice to the Council. (1) SSC scientific advice and recommendations to its Council are based on scientific information that the SSC determines to meet the guidelines for best scientific information available as described in paragraph (a) of this section. SSCs may conduct peer reviews or evaluate peer reviews to provide clear scientific advice to the Council. Such scientific advice should attempt to resolve conflicting scientific information, so that the Council will not need to engage in debate on technical merits. Debate and evaluation of scientific information is the role of the SSC. (2) An SSC member may participate in a peer review when such participation is beneficial to the peer review due to the expertise and institutional memory of that member, or beneficial to the Council's advisory body by allowing that member to make a more informed evaluation of the scientific information. Participation of an SSC member in a peer review should not impair the ability of that member to fulfill his or her responsibilities to the SSC. (3) If an SSC as a body conducts a peer review established under Magnuson-Stevens Act section 302(g)(1)(E) or individual members of an SSC participate in such a peer review, the SSC members must meet the peer reviewer selection criteria as described in paragraph (b)(2) of this section. In addition, the financial disclosure requirements under § 600.235, Financial Disclosure for Councils and Council committees, apply. When the SSC as a body is conducting a peer review, it should strive for consensus and must meet the transparency guidelines under paragraphs (a)(6)(iv) and (b)(3) of this section. If consensus cannot be reached, minority viewpoints should be recorded. (4) The SSC's evaluation of a peer review conducted by a body other than the SSC should consider the extent and quality of peer review that has already taken place. For Councils with extensive and detailed peer review processes (e.g., a process established pursuant to Magnuson-Stevens Act section 302(g)(1)(E)), the evaluation by the SSC of the peer reviewed information should not repeat the previously conducted and detailed technical peer review. However, SSCs must maintain their role as advisors to the Council about scientific information that comes from a peer review process. Therefore, the peer review of scientific information used to advise the Council, including a peer review process established by the Secretary and the Council under Magnuson-Stevens Act section 302(g)(1)(E), should be conducted early in the scientific evaluation process in order to provide the SSC with reasonable opportunity to consider the peer review report and make recommendations to the Council as required under Magnuson-Stevens Act section 302(g)(1)(B). (5) If an SSC disagrees with the findings or conclusions of a peer review, in whole or in part, the SSC must prepare a report outlining the areas of disagreement, and the rationale and information used by the SSC for making its determination. This report must be made publicly available. (6) Annual catch limits (ACLs) developed by a Council may not exceed its SSC's fishing level recommendations. 16 U.S.C. 1852(h)(6). Per the National Standard 1 Guidelines, the SSC fishing level recommendation that is most relevant to ACLs is acceptable biological catch (ABC), as both ACL and ABC are levels of annual catch (see § 600.310(b)(2)(v)(D)). The SSC is expected to take scientific uncertainty into account when making its ABC recommendation (§ 600.310(f)(4)). The ABC recommendation may be based upon input and recommendations from the peer review process. Any such peer review related to such recommendations should be conducted early in the process as described in paragraph (c)(4) of this section. The SSC should resolve differences between its recommendations and any relevant peer review recommendations per paragraph (c)(5) of this section. (d) SAFE Report. (1) The Secretary has the responsibility to ensure that SAFE reports are prepared and updated or supplemented as necessary whenever new information is available to inform management decisions such as status determination criteria (SDC), overfishing level (OFL), optimum yield, or ABC values (§ 600.310(c)). The SAFE report and any comments or reports from the SSC must be available to the Secretary and Council for making management decisions for each FMP to ensure that the best scientific information available is being used. The Secretary or Councils may utilize any combination of personnel from Council, State, Federal, university, or other sources to acquire and analyze data and produce the SAFE report. (2) The SAFE report provides information to the Councils and the Secretary for determining annual catch limits (§ 600.310(f)(5)) for each stock in the fishery; documenting significant trends or changes in the resource, marine ecosystems, and fishery over time; implementing required EFH provisions (§ 600.815(a)(10)); and assessing the relative success of existing relevant state and Federal fishery management programs. The SAFE report should contain an explanation of information gaps and highlight needs for future scientific work. Information on bycatch and safety for each fishery should also be summarized. In addition, the SAFE report may be used to update or expand previous environmental and regulatory impact documents and ecosystem descriptions. (3) Each SAFE report should contain the following scientific information when it exists: (i) Information on which to base catch specifications and status determinations, including the most recent stock assessment documents and associated peer review reports, and recommendations and reports from the Council's SSC. (A) A description of the SDC (e.g., maximum fishing mortality rate threshold and minimum stock size threshold for each stock or stock complex in the fishery) (§ 600.310(e)(2)). (B) Information on OFL and ABC, preventing overfishing, and achieving rebuilding targets. Documentation of the data collection, estimation methods, and consideration of uncertainty in formulating catch specification recommendations should be included (§ 600.310(f)(2)). The best scientific information available to determine whether overfishing is occurring with respect to any stock or stock complex, whether any stock or stock complex is overfished, whether the rate or level of fishing mortality applied to any stock or stock complex is approaching the maximum fishing mortality threshold, and whether the size of any stock or stock complex is approaching the minimum stock size threshold; and (C) The best scientific information available in support of management measures necessary to rebuild an overfished stock or stock complex (if any) in the fishery to a level consistent with producing the MSY in that fishery. (ii) Information on sources of fishing mortality (both landed and discarded), including commercial and recreational catch and bycatch in other fisheries and a description of data collection and estimation methods used to quantify total catch mortality, as required by the National Standard 1 Guidelines (§ 600.310(i)). (iii) Information on bycatch of non-target species for each fishery. (iv) Information on EFH to be included in accordance with the EFH provisions (§ 600.815(a)(10)) . (v) Pertinent economic, social, community, and ecological information for assessing the success and impacts of management measures or the achievement of objectives of each FMP. (4) Transparency in the fishery management process is enhanced by complementing the SAFE report with the documentation of previous management actions taken by the Council or Secretary including a summary of the previous ACLs, ACTs, and accountability measures (AMs), and assessment of management uncertainty. (5) To facilitate the use of the information in the SAFE report, and its availability to the Council, NMFS, and the public: (i) The SAFE report should contain, or be supplemented by, a summary of the information and an index or table of contents to the components of the report. Sources of information in the SAFE report should be referenced, unless the information is proprietary. (ii) The SAFE report or compilation of documents that comprise the SAFE report and index must be made available by the Council or NMFS on a readily accessible Web site. (e) FMP development. (2) The fact that scientific information concerning a fishery is incomplete does not prevent the preparation and implementation of an FMP (see related §§ 600.320(d)(2) and 600.340(b)). (3) An FMP must specify whatever information fishermen and processors will be required or requested to submit to the Secretary. Information about harvest within state waters, as well as in the EEZ, may be collected if it is needed for proper implementation of the FMP and cannot be obtained otherwise. Scientific information collections for stocks managed cooperatively by Federal and State governments should be coordinated with the appropriate state jurisdictions, to the extent practicable, to ensure harvest information is available for the management of stocks that utilize habitats in state and federal managed waters. The FMP should explain the practical utility of the information specified in monitoring the fishery, in facilitating inseason management decisions, and in judging the performance of the management regime; it should also consider the effort, cost, or social impact of obtaining it. (4) An FMP should identify scientific information needed from other sources to improve understanding and management of the resource, marine ecosystem, the fishery, and fishing communities. (5) The information submitted by various data suppliers should be comparable and compatible, to the maximum extent possible. (6) FMPs should be amended on a timely basis, as new information indicates the necessity for change in objectives or management measures consistent with the conditions described in paragraph (d) of this section (SAFE reports). Paragraphs (e)(1) through (5) of this section apply equally to FMPs and FMP amendments. [78 FR 43086, July 19, 2013] § 600.320 National Standard 3—Management Units. (a) Standard 3. (b) General. (c) Unity of management. e.g., (d) Management unit. (1) Basis. (2) Conservation and management measures. (e) Analysis. (1) The range and distribution of the stocks, as well as the patterns of fishing effort and harvest. (2) Alternative management units and reasons for selecting a particular one. A less-than-comprehensive management unit may be justified if, for example, complementary management exists or is planned for a separate geographic area or for a distinct use of the stocks, or if the unmanaged portion of the resource is immaterial to proper management. (3) Management activities and habitat programs of adjacent states and their effects on the FMP's objectives and management measures. Where state action is necessary to implement measures within state waters to achieve FMP objectives, the FMP should identify what state action is necessary, discuss the consequences of state inaction or contrary action, and make appropriate recommendations. The FMP should also discuss the impact that Federal regulations will have on state management activities. (4) Management activities of other countries having an impact on the fishery, and how the FMP's management measures are designed to take into account these impacts. International boundaries may be dealt with in several ways. For example: (i) By limiting the management unit's scope to that portion of the stock found in U.S. waters; (ii) By estimating MSY for the entire stock and then basing the determination of OY for the U.S. fishery on the portion of the stock within U.S. waters; or (iii) By referring to treaties or cooperative agreements. [81 FR 71903, Oct. 18, 2016] § 600.325 National Standard 4—Allocations. (a) Standard 4. (1) Fair and equitable to all such fishermen. (2) Reasonably calculated to promote conservation. (3) Carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges. (b) Discrimination among residents of different states. (1) An FMP that restricted fishing in the EEZ to those holding a permit from state X would violate Standard 4 if state X issued permits only to its own citizens. (2) An FMP that closed a spawning ground might disadvantage fishermen living in the state closest to it, because they would have to travel farther to an open area, but the closure could be justified under Standard 4 as a conservation measure with no discriminatory intent. (c) Allocation of fishing privileges. (1) Definition. (2) Analysis of allocations. (3) Factors in making allocations. (i) Fairness and equity. (B) An allocation of fishing privileges may impose a hardship on one group if it is outweighed by the total benefits received by another group or groups. An allocation need not preserve the status quo in the fishery to qualify as “fair and equitable,” if a restructuring of fishing privileges would maximize overall benefits. The Council should make an initial estimate of the relative benefits and hardships imposed by the allocation, and compare its consequences with those of alternative allocation schemes, including the status quo. Where relevant, judicial guidance and government policy concerning the rights of treaty Indians and aboriginal Americans must be considered in determining whether an allocation is fair and equitable. (ii) Promotion of conservation. (iii) Avoidance of excessive shares. (iv) Other factors. [61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998] § 600.330 National Standard 5—Efficiency. (a) Standard 5. (b) Efficiency in the utilization of resources General. (2) Efficiency. (i) In an FMP, management measures may be proposed that allocate fish among different groups of individuals or establish a system of property rights. Alternative measures examined in searching for an efficient outcome will result in different distributions of gains and burdens among identifiable user groups. An FMP should demonstrate that management measures aimed at efficiency do not simply redistribute gains and burdens without an increase in efficiency. (ii) Management regimes that allow a fishery to operate at the lowest possible cost (e.g., fishing effort, administration, and enforcement) for a particular level of catch and initial stock size are considered efficient. Restrictive measures that unnecessarily raise any of those costs move the regime toward inefficiency. Unless the use of inefficient techniques or the creation of redundant fishing capacity contributes to the attainment of other social or biological objectives, an FMP may not contain management measures that impede the use of cost-effective techniques of harvesting, processing, or marketing, and should avoid creating strong incentives for excessive investment in private sector fishing capital and labor. (c) Limited access. (1) Definition. (2) Factors to consider. (d) Analysis. (e) Economic allocation. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 24234, May 1, 1998] § 600.335 National Standard 6—Variations and Contingencies. (a) Standard 6. (b) Conservation and management. (c) Variations. (2) Every effort should be made to develop FMPs that discuss and take into account these vicissitudes. To the extent practicable, FMPs should provide a suitable buffer in favor of conservation. Allowances for uncertainties should be factored into the various elements of an FMP. Examples are: (i) Reduce OY. (ii) Establish a reserve. (iii) Adjust management techniques. (iv) Highlight habitat conditions. (d) Contingencies. (1) The FMP should describe the management options and their consequences in the necessary detail to guide the Secretary in responding to changed circumstances, so that the Council preserves its role as policy-setter for the fishery. The description should enable the public to understand what may happen under the flexible regime, and to comment on the options. (2) FMPs should include criteria for the selection of management measures, directions for their application, and mechanisms for timely adjustment of management measures comprising the regime. For example, an FMP could include criteria that allow the Secretary to open and close seasons, close fishing grounds, or make other adjustments in management measures. (3) Amendment of a flexible FMP would be necessary when circumstances in the fishery change substantially, or when a Council adopts a different management philosophy and objectives. § 600.340 National Standard 7—Costs and Benefits. (a) Standard 7. (b) Alternative management measures. (c) Analysis. (1) Burdens. (2) Gains. [81 FR 71904, Oct. 18, 2016] § 600.345 National Standard 8—Communities. (a) Standard 8. (1) Provide for the sustained participation of such communities; and (2) To the extent practicable, minimize adverse economic impacts on such communities. (b) General. (2) This standard does not constitute a basis for allocating resources to a specific fishing community nor for providing preferential treatment based on residence in a fishing community. (3) The term “fishing community” means a community that is substantially dependent on or substantially engaged in the harvest or processing of fishery resources to meet social and economic needs, and includes fishing vessel owners, operators, and crew, and fish processors that are based in such communities. A fishing community is a social or economic group whose members reside in a specific location and share a common dependency on commercial, recreational, or subsistence fishing or on directly related fisheries-dependent services and industries (for example, boatyards, ice suppliers, tackle shops). (4) The term “sustained participation” means continued access to the fishery within the constraints of the condition of the resource. (c) Analysis. (2) An appropriate vehicle for the analyses under this standard is the fishery impact statement required by section 303(a)(9) of the Magnuson-Stevens Act. Qualitative and quantitative data may be used, including information provided by fishermen, dealers, processors, and fisheries organizations and associations. In cases where data are severely limited, effort should be directed to identifying and gathering needed data. (3) To address the sustained participation of fishing communities that will be affected by management measures, the analysis should first identify affected fishing communities and then assess their differing levels of dependence on and engagement in the fishery being regulated. The analysis should also specify how that assessment was made. The best available data on the history, extent, and type of participation of these fishing communities in the fishery should be incorporated into the social and economic information presented in the FMP. The analysis does not have to contain an exhaustive listing of all communities that might fit the definition; a judgment can be made as to which are primarily affected. The analysis should discuss each alternative's likely effect on the sustained participation of these fishing communities in the fishery. (4) The analysis should assess the likely positive and negative social and economic impacts of the alternative management measures, over both the short and the long term, on fishing communities. Any particular management measure may economically benefit some communities while adversely affecting others. Economic impacts should be considered both for individual communities and for the group of all affected communities identified in the FMP. Impacts of both consumptive and non-consumptive uses of fishery resources should be considered. (5) A discussion of social and economic impacts should identify those alternatives that would minimize adverse impacts on these fishing communities within the constraints of conservation and management goals of the FMP, other national standards, and other applicable law. [63 FR 24234, May 1, 1998, as amended at 73 FR 67810, Nov. 17, 2008] § 600.350 National Standard 9—Bycatch. (a) Standard 9. (1) Minimize bycatch; and (2) To the extent bycatch cannot be avoided, minimize the mortality of such bycatch. (b) General. (c) Definition—Bycatch. (1) Inclusions. (2) Exclusions. (i) Fish that legally are retained in a fishery and kept for personal, tribal, or cultural use, or that enter commerce through sale, barter, or trade. (ii) Fish released alive under a recreational catch-and-release fishery management program. A catch-and-release fishery management program is one in which the retention of a particular species is prohibited. In such a program, those fish released alive would not be considered bycatch. (iii) Fish harvested in a commercial fishery managed by the Secretary under Magnuson-Stevens Act sec. 304(g) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d) or highly migratory species harvested in a commercial fishery managed by a Council under the Magnuson-Stevens Act or the Western and Central Pacific Fisheries Convention Implementation Act, that are not regulatory discards and that are tagged and released alive under a scientific tagging and release program established by the Secretary. (d) Minimizing bycatch and bycatch mortality. (1) Promote development of a database on bycatch and bycatch mortality in the fishery to the extent practicable. (2) For each management measure, assess the effects on the amount and type of bycatch and bycatch mortality in the fishery. (3) Select measures that, to the extent practicable, will minimize bycatch and bycatch mortality. (A) Population effects for the bycatch species. (B) Ecological effects due to changes in the bycatch of that species (effects on other species in the ecosystem). (C) Changes in the bycatch of- other species of fish and the resulting population and ecosystem effects. (D) Effects on marine mammals and birds. (E) Changes in fishing, processing, disposal, and marketing costs. (F) Changes in fishing practices and behavior of fishermen. (G) Changes in research, administration, and enforcement costs and management effectiveness. (H) Changes in the economic, social, or cultural value of fishing activities and nonconsumptive uses of fishery resources. (I) Changes in the distribution of benefits and costs. (J) Social effects. (ii) The Councils should adhere to the precautionary approach found in the Food and Agriculture Organization of the United Nations (FAO) Code of Conduct for Responsible Fisheries (Article 6.5), which is available from the Director, Publications Division, FAO, Viale delle Terme di Caracalla, 00100 Rome, Italy, when faced with uncertainty concerning any of the factors listed in this paragraph (d)(3). (4) Monitor selected management measures. (e) Other considerations. [63 FR 24235, May 1, 1998, as amended at 73 FR 67811, Nov. 17, 2008] § 600.355 National Standard 10—Safety of Life at Sea. (a) Standard 10. (b) General. (2) The qualifying phrase “to the extent practicable” recognizes that regulation necessarily puts constraints on fishing that would not otherwise exist. These constraints may create pressures on fishermen to fish under conditions that they would otherwise avoid. This standard instructs the Councils to identify and avoid those situations, if they can do so consistent with the legal and practical requirements of conservation and management of the resource. (3) For the purposes of this national standard, the safety of the fishing vessel and the protection from injury of persons aboard the vessel are considered the same as “safety of human life at sea. The safety of a vessel and the people aboard is ultimately the responsibility of the master of that vessel. Each master makes many decisions about vessel maintenance and loading and about the capabilities of the vessel and crew to operate safely in a variety of weather and sea conditions. This national standard does not replace the judgment or relieve the responsibility of the vessel master related to vessel safety. The Councils, the USCG, and NMFS, through the consultation process of paragraph (d) of this section, will review all FMPs, amendments, and regulations during their development to ensure they recognize any impact on the safety of human life at sea and minimize or mitigate that impact where practicable. (c) Safety considerations. (1) Operating environment. (2) Gear and vessel loading requirements. (3) Limited season and area fisheries. (d) Consultation. (e) Mitigation measures. (1) Setting seasons to avoid hazardous weather. (2) Providing for seasonal or trip flexibility to account for bad weather (weather days). (3) Allowing for pre- and post-season “soak time” to deploy and pick up fixed gear, so as to avoid overloading vessels with fixed gear. (4) Tailoring gear requirements to provide for smaller or lighter gear for smaller vessels. (5) Avoiding management measures that require hazardous at-sea inspections or enforcement if other comparable enforcement could be accomplished as effectively. (6) Limiting the number of participants in the fishery. (7) Spreading effort over time and area to avoid potential gear and/or vessel conflicts. (8) Implementing management measures that reduce the race for fish and the resulting incentives for fishermen to take additional risks with respect to vessel safety. [63 FR 24236, May 1, 1998] Subpart E—Confidentiality of Information Source: 89 FR 102013, Dec. 17, 2024, unless otherwise noted. § 600.405 Applicability. This subpart applies to confidential information as defined at § 600.10. Agency access, maintenance, and release responsibilities apply only to confidential information that is under NMFS' custody and control. § 600.410 Protection of confidential information. (a) General. (b) Confidential information collected by NMFS. (1) Requirements for information system management and data storage to prevent unauthorized access to or disclosure of confidential information; (2) Procedures for NMFS employees to access confidential information; (3) Procedures for providing access to confidential information by states, Councils, and Marine Fisheries Commissions; (4) Procedures for evaluating whether members of a Council, or a Council Scientific and Statistical Committee (SSC), plan team, or Advisory Panel (AP) could gain personal or competitive advantage from access to confidential information under § 600.415(d); (5) Procedures for evaluating requests by contractors, grantees, cooperative agreement recipients and other external individuals and organizations to access confidential information; (6) Procedures for vessel owners to access and request confidential information, including historic information associated with a fishing permit; 7) Standardized sharing agreements that acknowledge the confidentiality and protection of information from public disclosure; (8) Template for written authorization for release of confidential information for purposes of § 600.420(f); (9) Procedures for aggregating and summarizing confidential data and responding to requests for non-confidential information; (10) Any other procedures as necessary to maintain the confidentiality of information. (c) Confidential information collected by State Fishery Management Agencies or Marine Fisheries Commissions. (1) The state has confidentiality of information authority comparable to the Magnuson-Stevens Act and that the state will exercise this authority to prohibit public disclosure of confidential information; (2) The marine fisheries commission has established policies and procedures comparable to the Magnuson-Stevens Act and that the Commission will exercise such policies and procedures to prohibit public disclosure of confidential information. (d) Observer and Electronic Monitoring Services. (i) Specifies procedures that the observer provider will apply to protect confidential information from public disclosure; and (ii) Requires that the observer provider, each observer, and each of its other employees that will handle confidential information acknowledge the requirement to maintain the confidentiality of observer information and the civil penalties for unauthorized use or disclosure of such information provided under 16 U.S.C. 1858. (2) Electronic monitoring service providers. NMFS may allow the handling of observer information by an electronic service provider pursuant to a confidentiality agreement that: (i) Specifies procedures that the electronic monitoring service provider will apply to protect confidential information from public disclosure; and (ii) Requires that the electronic monitoring service provider, and each of its employees who will handle confidential information, acknowledge the requirement to maintain the confidentiality of observer information and the civil penalties for unauthorized use or disclosure of such information provided under 16 U.S.C. 1858. (3) As part of any agreement with an observer provider under paragraph (d)(1) of this section, NMFS may allow the sharing of observer information among and between observers and observer providers for: (i) Training or preparation of observers for deployments on specific vessels; or (ii) Validating the accuracy of the observer information collected. § 600.415 Access to confidential information. Confidential information may be accessed by the following persons subject to any specified conditions and procedures: (a) Federal employees. (2) At the request of another Federal agency, if providing the information supports homeland security and national security activities, including the Coast Guard's homeland security missions as defined in section 888(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)); or, (3) To the extent necessary and appropriate to administer Federal programs established to combat illegal, unreported, or unregulated fishing or forced labor (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022 [16 U.S.C. 1885a note]), which shall not include an authorization for such agencies to release data to the public unless such release is related to enforcement. (b) State or marine fisheries commission employees. (c) State enforcement personnel. (d) Councils. (1) The Council's employees who are responsible for FMP development and monitoring; (2) Members of the Council for use by the Council for conservation and management, but only if NMFS determines that access will not result in any Member having a personal or competitive advantage; (3) Members of any Council scientific and statistical committee (SSC) established under section 302(g) of the Magnuson-Stevens Act who are not Federal or State employees, if necessary for the SSC to assist and advise the Council as provided under the Magnuson-Stevens Act, but only if NMFS determines that access will not result in any Member having a personal or competitive advantage; (4) Members of any Council advisory panel (AP) established under section 302(g) of the Magnuson-Stevens Act, if necessary for the AP to provide information and recommendations on, and assist in the development of FMPs and amendments thereto, but only if NMFS determines that access will not result in any Member having a personal or competitive advantage; (5) A contractor of the Council for use in such analysis or studies necessary for conservation and management purposes but only if approved by NMFS and subject to a confidentiality agreement; and (e) Vessel Monitoring System Information. (1) Enforcement employees of a State with which NMFS has entered into a Joint Enforcement Agreement and the agreement is in effect; (2) State management agencies involved in, or affected by, management of a fishery if the State has entered into an agreement with NMFS that prohibits public disclosure of the information. (f) High Seas Driftnet Fishing Moratorium Protection Act (FMPA). (2) NMFS may disclose information, as authorized under, and subject to the requirements and conditions of, section 608(b) or 606(d)(2) of the FMPA to entities specified in those sections. (3) For purposes of applying section 608(b) and 606(d)(2), the confidentiality requirements of section 402(b) of the Magnuson-Stevens Act, 16 U.S.C. 1881a(b), shall not apply with respect to: (i) Obligations of the United States to share information under a Regional Fishery Management Organization (RFMO) of which the United States is a Member; or (ii) Information collected by NMFS regarding foreign fishing vessels. § 600.420 Release of confidential information. NMFS will not disclose to the public any information made confidential pursuant to the Magnuson-Stevens Act, except the agency may disclose information when: (a) Authorized by regulations issued by the Secretary to implement recommendations contained in an FMP prepared by the North Pacific Council and approved by NMFS to allow disclosure of observer information to the public of weekly summary bycatch information identified by vessel or for haul-specific bycatch information without vessel identification; (b) Observer information is necessary in proceedings to adjudicate observer certifications; (c) Information is required to be submitted to the Secretary for any determination under a limited access program (LAP). This exception applies at the level of confidential information that NMFS has used, or intends to use, for a regulatory determination under a LAP. This includes information that was submitted before the fishery was a LAP and that NMFS subsequently uses or intends to use for a LAP determination. For the purposes of this exception: (1) Limited Access Program (2) Determination (d) Required to comply with a Federal court order. For purposes of this exception: (1) Court (2) Court order (i) It is issued under the authority of a Federal court; (ii) A judge or magistrate judge of that court signs it; and (iii) It commands NMFS to disclose confidential information as defined under § 600.10. (e) Necessary for enforcement of the Magnuson-Stevens Act or any other statute administered by NOAA or when necessary for enforcement of any State living marine resource laws, if that State has a joint enforcement agreement that is in effect. (f) A person that is subject to a Magnuson-Stevens Act submission of information requirement or their designee provides written authorization to the Secretary authorizing release of such information to other persons for reasons not otherwise provided for in section 402(b) of the Magnuson-Stevens Act and such release does not violate other requirements of the Magnuson-Stevens Act. That person or their designee must prove identity, and authorization to act if serving as a designee, by a statement consistent with 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization. The statement of identity, and authority to serve as a designee, must be in the following form: (1) If executed outside the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”. (2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”. § 600.425 Release of information in aggregate or summary form. NMFS may disclose in any aggregate or summary form information that is required to be maintained as confidential under these regulations. Subpart F—Foreign Fishing § 600.501 Vessel permits. (a) General. (2) Permits issued under this section do not authorize FFV's or persons to harass, capture, or kill marine mammals. No marine mammals may be taken in the course of fishing unless that vessel has on board a currently valid Authorization Certificate under the MMPA. Regulations governing the taking of marine mammals incidental to commercial fishing operations are contained in 50 CFR part 229 of this title. (b) Responsibility of owners and operators. (c) Activity codes. (1) Activity Code 1. (2) Activity Code 2. (3) Activity Code 3. (4) Activity Code 4. (5) Activity Code 5. (6) Activity Code 6. (7) Activity Code 7. (8) Activity Code 8. (9) Activity Code 9. (10) Activity Code 10. (d) Application. (2) Applicants must provide complete and accurate information requested on the permit application form. (3) Applicants for FFV's that will support U.S. vessels in joint ventures (Activity Code 4) must provide the additional information specified by the permit application form. (4) Each applicant may request to substitute one FFV for another of the same flag by submitting a new application form and a short explanation of the reason for the substitution to the appropriate address listed at paragraph (d)(1) of this section. Each substitution is considered a new application, and a new application fee must be paid. NMFS will promptly process an application for a vessel replacing a permitted FFV that is disabled or decommissioned, once the appropriate Council(s) and governmental agencies have been notified of the substituted application. (e) Issuance. (i) The Assistant Administrator determines that the fishing described in the application will meet the requirements of the Magnuson-Stevens Act and approves the permit application. (ii) The applicant has paid the fees and provided any assurances required by the Secretary in accordance with the provisions of § 600.518. (iii) The applicant has appointed an agent. (iv) The applicant has identified a designated representative. (v) The applicant has accepted the general “conditions and restrictions” of receiving permits, as required by section 204(b)(7) of the Magnuson-Stevens Act, and any “additional restrictions” attached to the permit for the conservation and management of fishery resources or for the prevention of significant impairment of the national defense or security interests. (2) The DOS will provide permits for activity codes 1 through 9 to the official representative of the applicant foreign nation. The Assistant Administrator will provide permits for activity code 10 directly to the applicant. (3) An approved permit will contain— (i) The name and IRCS of the FFV and its permit number. (ii) The permitted fisheries and/or activity codes. (iii) The date of issuance and expiration date, if other than December 31. (iv) All conditions and restrictions, and any additional restrictions and technical modifications appended to the permit. (4) Permits are not issued for boats that are launched from larger vessels. Any enforcement action that results from the activities of a launched boat will be taken against the permitted vessel. (f) Duration. (g) Transfer. (h) Display. (i) Suspension and revocation. (j) Fees. (k) Change in application information. (l) Permit amendments. (2) The Assistant Administrator may make proposed additional restrictions effective immediately, if necessary, to prevent substantial harm to a fishery resource of the United States, to allow for the continuation of ongoing fishing operations, or to allow for fishing to begin at the normal time for opening of the fishery. (3) The Assistant Administrator will send proposed additional restrictions to each Nation whose vessels are affected (via the Secretary of State), to the appropriate Councils, and to the Commandant of the Coast Guard. NMFS will, at the same time, publish a document of any significant proposed additional restrictions in the Federal Register. (4) The Nation whose vessels are involved, the owners of the affected vessels, their representatives, the agencies specified in paragraph (l)(3) of this section, and the public may submit written comments on the proposed additional restrictions within 30 days after publication in the Federal Register. (5) The Assistant Administrator will make a final decision regarding the proposed additional restrictions as soon as practicable after the end of the comment period. The Assistant Administrator will provide the final additional restrictions to the Nation whose vessels are affected (via the Secretary of State) according to the procedures of paragraph (e) of this section. The Assistant Administrator will include with the final additional restrictions to the Nation, a response to comments submitted. (6) Additional restrictions may be modified by following the procedures of paragraphs (l)(2) through (l)(5) of this section. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 FR 39019, July 21, 1999; 76 FR 59305, Sept. 26, 2011] § 600.502 Vessel reports. (a) The operator of each FFV must report the FFV's activities to the USCG and NMFS as specified in this section. (b) All reports required by this section must be in English and in the formats specified in the permit additions and restrictions. Reports must be delivered via private or commercial communications facilities, facsimile, or other electronic means acceptable to NMFS and the USCG, directly to the appropriate NMFS Region or Center and USCG commander. Weekly reports must also be delivered directly to the appropriate NMFS Region or Center (see tables 1 and 2 of this section). (The required reports may be delivered to the closest USCG communication station as indicated in table 3 of this section or other USCG communication station only if adequate private or commercial communications facilities have not been successfully contacted.) Radio reports must be made via radiotelegraphy, Telex, or facsimile where available. For the purposes of this section, a message is considered “transmitted” when its receipt is acknowledged by a communications facility and considered “delivered” upon its receipt by the offices of the appropriate USCG commander, NMFS Regional Office, or NMFS Center identified in table 2 of this section. Reports required by this section may be submitted by the vessel's designated representative; however, the operator of the FFV is responsible for the correct and timely filing of all required reports. (c) Activity reports. (1) “BEGIN”. (2) “DEPART”. (3) “RETURN”. (4) “SHIFT”. (5) “JV OPS”. (6) “TRANSFER”. (7) “OFFLOADED”. (8) “RECEIVED”. (9) “CEASE”. (10) “CHANGE”. (11) “CANCEL”. (d) The operator of an FFV will be in violation of paragraphs (c)(1) through (c)(9) of this section if the FFV does not pass within 5 nautical miles (9.26 km) of the position given in the report within 4 hours of the time given in the report. (e) The notices required by this section may be provided for individual or groups of FFV's (on a vessel-by-vessel basis) by authorized persons. An FFV operator may retransmit reports on the behalf of another FFV, if authorized by that FFV's operator. This does not relieve the individual vessel operator of the responsibility of filing required reports. In these cases, the message format should be modified so that each line of text under “VESREP” is a separate vessel report. (f) Weekly reports. (2) Weekly catch report (CATREP). (3) Weekly receipts report (RECREP). (4) Marine mammal report (MAMREP). (g) Submission instructions for weekly reports. (h) Alternative reporting procedures. Table 1 to § 600.502—Addresses NMFS regional administrators NMFS science and research directors U.S. Coast Guard Administrator, Northeast Region, National Marine Fisheries Service, NOAA, One Blackburn Drive, Gloucester, MA 01930-2298 Director, Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA, 166 Water St., Woods Hole, MA 02543-1097 Commander, Atlantic Area, U.S. Coast Guard, 431 Crawford St., Portsmouth, VA 23704. Administrator, Southeast Region, National Marine Fisheries Service, 263 13th Ave. South, St. Petersburg, FL 33701 Director, Southeast Fisheries Science Center, National Marine Fisheries Service, NOAA, 75 Virginia Beach Drive, Miami, FL 33149 Commander, Atlantic Area, U.S. Coast Guard, Governor's Island, New York 10004. Administrator, Northwest Region, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 1, Seattle, WA 98115 Director, Northwest Fisheries Science Center, National Marine Fisheries Service, NOAA, 2725 Montlake Blvd. East, Seattle, WA 98112-2097 Commander, Pacific Area, U.S. Coast Guard, Government Island, Alameda, CA 94501. Administrator, Alaska Region, National Marine Fisheries Service, NOAA, P.O. Box 21668, Juneau, AK 99802-1668 Director, Alaska Fisheries Science Center, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 4, Seattle, WA 98115-0070 Commander, Seventeenth Coast Guard District, P.O. Box 25517, Juneau, AK 99802. Administrator, Southwest Region, National Marine Fisheries Service, NOAA, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213 Director, Southwest Fisheries Science Center, National Marine Fisheries Service, NOAA, P.O. Box 271, La Jolla, CA 92038-0271 Commander, Fourteenth Coast Guard District, 300 Ala Moana Blvd., Honolulu, HI 96850. Administrator, Pacific Islands Region, National Marine Fisheries Service, NOAA, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818 Director, Pacific Islands Fisheries Science Center, National Marine Fisheries Service, NOAA, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818 Commander, Fourteenth Coast Guard District, 300 Ala Moana Blvd., Honolulu, HI 96850. Table 2 to § 600.502—Areas of Responsibility of NMFS and U.S. Coast Guard Offices Area of responsibility/fishery National Marine Fisheries Service U.S. Coast Guard Atlantic Ocean North of Cape Hatteras Director, Northeast Science Center, Attn: Observer Program Commander, Atlantic Area. Atlantic Ocean South of Cape Hatteras Director, Northeast Science Center, Attn: Observer Program Commander, Atlantic Area. Atlantic Tunas, Swordfish, Billfish and Sharks Director, Office of Sustainable Fisheries Commander, Atlantic Area. Gulf of Americaand Caribbean Sea Administrator, Southeast Region Commander, Atlantic Area. Pacific Ocean off the States of California, Oregon, and Washington Administrator, Northwest Region Commander, Pacific Area. North Pacific Ocean and Bering Sea off Alaska Administrator, Alaska Region Commander, Seventeenth Coast Guard District. Pacific Ocean off Hawaii, American Samoa, Guam, Commonwealth of the Northern Mariana Islands, and U.S. Insular Possessions in the Central and Western Pacific Administrator, Pacific Islands Region Commander, Fourteenth Coast Guard District. Table 3 to § 600.502—U.S. Coast Guard Communications Stations and Frequencies U.S. Coast Guard communications station Radiotelephone IRCS Channel 1 GMT time Boston NMF A-E 2330-1100. B,C All. D 1100-2330. E (On request). CAMSLANT Chesapeake (Portsmouth, VA) NMN A 2330-1100. B,C All. D 1100-2330. E (On request). New Orleans NMG A 2330-1100. B,C All. D 1100-2330. E (On request). CAMSPAC Point Reyes (San Francisco, CA) NMC A-D All. E (On request). Honolulu NMO A-D All. E (On request). Kodiak NOJ A-D All. E (On request). 1 Letter Shore transmit Ship transmit A 4426.0 4134.0 B 6501.0 6200.0 C 8764.0 8240.0 D 13089.0 12242.0 E 17314.0 16432.0 [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 FR 39020, July 21, 1999; 69 FR 8341, Feb. 24, 2004; 76 FR 34902, June 15, 2011; 79 FR 64111, Oct. 28, 2014] § 600.503 Vessel and gear identification. (a) Vessel identification. (2) The operator of each FFV not assigned an IRCS, such as a small trawler associated with a mothership or one of a pair of trawlers, must display the IRCS of the associated vessel, followed by a numerical suffix. (For example, JCZM-1, JCZM-2, etc., would be displayed on small trawlers not assigned an IRCS operating with a mothership whose IRCS is JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS operating with a trawler whose IRCS is JANP.) (3) The vessel identification must be in a color in contrast to the background and must be permanently affixed to the FFV in block Roman alphabet letters and Arabic numerals at least 1 m in height for FFV's over 20 m in length, and at least 0.5 m in height for all other FFV's. (b) Navigational lights and shapes. (c) Gear identification. (i) Is clearly marked at the surface with a buoy displaying the vessel identification of the FFV (see paragraph (a) of this section) to which the gear belongs. (ii) Has attached a light visible for 2 nautical miles (3.70 km) at night in good visibility. (iii) Has a radio buoy. Trawl codends passed from one vessel to another are considered continuously attached gear and are not required to be marked. (2) The operator of each FFV must ensure that deployed longlines, strings of traps or pots, and gillnets are marked at the surface at each terminal end with: (see paragraphs (c)(1)(i) through (c)(1)(iii) of this section). (3) Additional requirements may be specified for the fishery in which the vessel is engaged. (4) Unmarked or incorrectly identified fishing gear may be considered abandoned and may be disposed of in accordance with applicable Federal regulations by any authorized officer. (d) Maintenance. (1) Keep the vessel and gear identification clearly legible and in good repair. (2) Ensure that nothing on the FFV obstructs the view of the markings from an enforcement vessel or aircraft. (3) Ensure that the proper navigational lights and shapes are displayed for the FFV's activity and are properly functioning. § 600.504 Facilitation of enforcement. (a) General. (2) The operator of each FFV must provide vessel position or other information when requested by an authorized officer within the time specified in the request. (b) Communications equipment. (2) Each FFV must be equipped with a radiotelephone station capable of communicating via 2182 kHz (SSB) radiotelephony and at least one set of working frequencies identified in table 3 to § 600.502 appropriate to the fishery in which the FFV is operating. Each operator must monitor and be ready to communicate via 2182 kHz (SSB) radiotelephone each day from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, and in preparation for boarding. (3) FFV's that are not equipped with processing facilities and that deliver all catches to a foreign processing vessel are exempt from the requirements of paragraph (b)(2) of this section. (4) FFV's with no IRCS that do not catch fish and are used as auxiliary vessels to handle codends, nets, equipment, or passengers for a processing vessel are exempt from the requirements of paragraphs (b)(1) and (b)(2) of this section. (5) The appropriate Regional Administrator, with the agreement of the appropriate USCG commander, may, upon request by a foreign nation, accept alternatives to the radio requirements of this section to certain FFV's or types of FFV's operating in a fishery, provided they are adequate for the communications needs of the fishery. (c) Communications procedures. (i) “AA, AA, AA, etc.”, which is the call for an unknown station. The signaled vessel should respond by identifying itself or by illuminating the vessel identification required by § 600.505. (ii) “RY-CY”, meaning “You should proceed at slow speed, a boat is coming to you”. (iii) “SQ3”, meaning “You should stop or heave to; I am going to board you”. (iv) “L”, meaning “You should stop your vessel instantly.” (2) Failure of an FFV's operator to stop the vessel when directed to do so by an authorized officer using VHF-FM radiotelephone (channel 16), 2182 kHz (SSB) radiotelephone (where required), message block from an aircraft, flashing light signal, flaghoist, or loudhailer constitutes a violation of this subpart. (3) The operator of or any person aboard an FFV who does not understand a signal from an enforcement unit and who is unable to obtain clarification by radiotelephone or other means must consider the signal to be a command to stop the FFV instantly. (d) Boarding. (1) Monitor 2182 kHz (SSB) radiotelephone and channel 16 (156.8 mHz) VHF-FM radiotelephone. (2) Stop immediately and lay to or maneuver in such a way as to maintain the safety of the FFV and facilitate boarding by the authorized officer and the boarding party or an observer. (3) Provide the authorized officer, boarding party, or observer a safe pilot ladder. The operator must ensure the pilot ladder is securely attached to the FFV and meets the construction requirements of Regulation 17, Chapter V of the International Convention for the Safety of Life at Sea (SOLAS), 1974 (TIAS 9700 and 1978 Protocol, TIAS 10009), or a substantially equivalent national standard approved by letter from the Assistant Administrator, with agreement with the USCG. Safe pilot ladder standards are summarized below: (i) The ladder must be of a single length of not more than 9 m (30 ft), capable of reaching the water from the point of access to the FFV, accounting for all conditions of loading and trim of the FFV and for an adverse list of 15°. Whenever the distance from sea level to the point of access to the ship is more than 9 m (30 ft), access must be by means of an accommodation ladder or other safe and convenient means. (ii) The steps of the pilot ladder must be— (A) Of hardwood, or other material of equivalent properties, made in one piece free of knots, having an efficient non-slip surface; the four lowest steps may be made of rubber of sufficient strength and stiffness or of other suitable material of equivalent characteristics. (B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide, and 25 mm (1 inch) in depth, excluding any non-slip device. (C) Equally spaced not less than 300 millimeters (12 inches) nor more than 380 mm (15 inches) apart and secured in such a manner that they will remain horizontal. (iii) No pilot ladder may have more than two replacement steps that are secured in position by a method different from that used in the original construction of the ladder. (iv) The side ropes of the ladder must consist of two uncovered manila ropes not less than 60 mm (2.25 inches) in circumference on each side (or synthetic ropes of equivalent size and equivalent or greater strength). Each rope must be continuous, with no joints below the top step. (v) Battens made of hardwood, or other material of equivalent properties, in one piece and not less than 1.80 m (5 ft 10 inches) long must be provided at such intervals as will prevent the pilot ladder from twisting. The lowest batten must be on the fifth step from the bottom of the ladder and the interval between any batten and the next must not exceed nine steps. (vi) Where passage onto or off the ship is by means of a bulwark ladder, two handhold stanchions must be fitted at the point of boarding or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than 0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in diameter, and must extend not less than 1.20 m (3 ft 11 inches) above the top of the bulwark. (4) When necessary to facilitate the boarding or when requested by an authorized officer or observer, provide a manrope, safety line, and illumination for the ladder; and (5) Take such other actions as necessary to ensure the safety of the authorized officer and the boarding party and to facilitate the boarding and inspection. (e) Access and records. (2) The owner and operator of each FFV must provide to authorized officers all records and documents pertaining to the fishing activities of the vessel, including but not limited to, production records, fishing logs, navigation logs, transfer records, product receipts, cargo stowage plans or records, draft or displacement calculations, customs documents or records, and an accurate hold plan reflecting the current structure of the vessel's storage and factory spaces. (f) Product storage. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.505 Prohibitions. (a) It is unlawful for any person to do any of the following: (1) Ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of any fish taken or retained in violation of the Magnuson-Stevens Act, the applicable GIFA, this subpart, or any permit issued under this subpart; (2) Refuse to allow an authorized officer to board an FFV for purposes of conducting any search or inspection in connection with the enforcement of the Magnuson-Stevens Act, the applicable GIFA, this subpart, or any other permit issued under this subpart; (3) Assault, resist, oppose, impede, intimidate, or interfere with any authorized officer in the conduct of any inspection or search described in paragraph (a)(2) of this section; (4) Resist a lawful arrest for any act prohibited by the Magnuson-Stevens Act, the applicable GIFA, this subpart, or any permit issued under this subpart; (5) Interfere with, delay, or prevent by any means the apprehension or arrest of another person with the knowledge that such other person has committed any act prohibited by the Magnuson-Stevens Act, the applicable GIFA, this subpart, or any permit issued under this subpart; (6) Interfere with, obstruct, delay, oppose, impede, intimidate, or prevent by any means any boarding, investigation or search, wherever conducted, in the process of enforcing the Magnuson-Stevens Act, the applicable GIFA, this subpart, or any permit issued under this subpart; (7) Engage in any fishing activity for which the FFV does not have a permit as required under § 600.501; (8) Engage in any fishing activity within the EEZ without a U.S. observer aboard the FFV, unless the requirement has been waived by the Assistant Administrator or appropriate Regional Administrator; (9) Retain or attempt to retain, directly or indirectly, any U.S. harvested fish, unless the FFV has a permit for Activity Codes 4, 6, or 10; (10) Use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued under this subpart; (11) Violate any provision of the applicable GIFA; (12) Falsely or incorrectly complete (including by omission) a permit application or permit form as specified in § 600.501 (d) and (k); (13) Fail to report to the Assistant Administrator within 15 days any change in the information contained in the permit application for a FFV, as specified in § 600.501(k); (14) Assault, resist, oppose, impede, intimidate, or interfere with an observer placed aboard an FFV under this subpart; (15) Interfere with or bias the sampling procedure employed by an observer, including sorting or discarding any catch prior to sampling, unless the observer has stated that sampling will not occur; or tamper with, destroy, or discard an observer's collected samples, equipment, records, photographic film, papers, or effects without the express consent of the observer; (16) Prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer from collecting samples, conducting product recovery rate determinations, making observations, or otherwise performing the observer's duties; (17) Harass or sexually harass an authorized officer or observer; (18) Fail to provide the required assistance to an observer as described at § 600.506 (c) and (e); (19) Fail to identify, falsely identify, fail to properly maintain, or obscure the identification of the FFV or its gear as required by this subpart; (20) Falsify or fail to make, keep, maintain, or submit any record or report required by this subpart; (21) Fail to return to the sea or fail to otherwise treat prohibited species as required by this subpart; (22) Fail to report or falsely report any gear conflict; (23) Fail to report or falsely report any loss, jettisoning, or abandonment of fishing gear or other article into the EEZ that might interfere with fishing, obstruct fishing gear or vessels, or cause damage to any fishery resource or marine mammals; (24) Continue Activity Codes 1 through 4 after those activity codes have been canceled under § 600.511; (25) Fail to maintain health and safety standards set forth in § 600.506(d); (26) Violate any provisions of regulations for specific fisheries of this subpart; (27) On a scientific research vessel, engage in fishing other than recreational fishing authorized by applicable state, territorial, or Federal regulations; (28) Violate any provision of this subpart, the Magnuson-Stevens Act, the applicable GIFA, any notice issued under this subpart or any permit issued under this subpart; or (29) Attempt to do any of the foregoing. (b) It is unlawful for any FFV, and for the owner or operator of any FFV except an FFV engaged only in recreational fishing, to fish— (1) Within the boundaries of any state, unless: (i) The fishing is authorized by the Governor of that state as permitted by section 306(c) of the Magnuson-Stevens Act to engage in a joint venture for processing and support with U.S. fishing vessels in the internal waters of that state; or (ii) The fishing is authorized by, and conducted in accordance with, a valid permit issued under § 600.501, and the Governor of that state has indicated concurrence to allow fishing consisting solely of transporting fish or fish products from a point within the boundaries of that state to a point outside the United States; or (2) Within the EEZ, or for any anadromous species or continental shelf fishery resources beyond the EEZ, unless the fishing is authorized by, and conducted in accordance with, a valid permit issued under § 600.501. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 FR 39020, July 21, 1999] § 600.506 Observers. (a) General. (b) Effort plan. (1) The appropriate Regional Administrator or Science and Research Director must be notified immediately of any substitution of vessels or any cancellation of plans to fish in the EEZ for FFV's listed in the effort plan required by this section. (2) If an arrival date of an FFV will vary more than 5 days from the date listed in the quarterly schedule, the appropriate Regional Administrator or Science and Research Director must be notified at least 10 days in advance of the rescheduled date of arrival. If the notice required by this paragraph (b)(2) is not given, the FFV may not engage in fishing until an observer is available and has been placed aboard the vessel or the requirement has been waived by the appropriate Regional Administrator or Science and Research Director. (c) Assistance to observers. (1) Provide, at no cost to the observer or the United States, accommodations for the observer aboard the FFV that are equivalent to those provided to the officers of that vessel. (2) Cause the FFV to proceed to such places and at such times as may be designated by the appropriate Regional Administrator or Science and Research Director for the purpose of embarking and debarking the observer. (3) Allow the observer to use the FFV's communications equipment and personnel upon demand for the transmission and receipt of messages. (4) Allow the observer access to and use of the FFV's navigation equipment and personnel upon demand to determine the vessel's position. (5) Allow the observer free and unobstructed access to the FFV's bridge, trawl, or working decks, holding bins, processing areas, freezer spaces, weight scales, cargo holds and any other space that may be used to hold, process, weigh, or store fish or fish products at any time. (6) Allow the observer to inspect and copy the FFV's daily log, communications log, transfer log, and any other log, document, notice, or record required by these regulations. (7) Provide the observer copies of any records required by these regulations upon demand. (8) Notify the observer at least 15 minutes before fish are brought on board or fish or fish products are transferred from the FFV to allow sampling the catch or observing the transfer, unless the observer specifically requests not to be notified. (9) Provide all other reasonable assistance to enable the observer to carry out his or her duties. (d) Health and safety standards. (1) At least one working radar. (2) Functioning navigation lights as required by international law. (3) A watch on the bridge by appropriately trained and experienced personnel while the vessel is underway. (4) Lifeboats and/or inflatable life rafts with a total carrying capacity equal to or greater than the number of people aboard the vessel. Lifeboats and inflatable life rafts must be maintained in good working order and be readily available. (5) Life jackets equal or greater in number to the total number of persons aboard the vessel. Life jackets must be stowed in readily accessible and plainly marked positions throughout the vessel, and maintained in a state of good repair. (6) At least one ring life buoy for each 25 ft (7.6 m) of vessel length, equipped with automatic water lights. Ring life buoys must have an outside diameter of not more than 32 inches (81.3 cm) nor less than 30 inches (76.2 cm), and must be maintained in a state of good repair. Ring life buoys must be readily available, but not positioned so they pose a threat of entanglement in work areas. They must be secured in such a way that they can be easily cast loose in the event of an emergency. (7) At least one VHF-FM radio with a functioning channel 16 (156.8 mHz), International Distress, Safety and Calling Frequency, and one functioning AM radio (SSB-Single Side Band) capable of operating at 2182 kHz (SSB). Radios will be maintained in a radio room, chartroom, or other suitable location. (8) At least one Emergency Position Indicating Radio Beacon (EPIRB), approved by the USCG for offshore commercial use, stowed in a location so as to make it readily available in the event of an emergency. (9) At least six hand-held, rocket-propelled, parachute, red-flare distress signals, and three orange-smoke distress signals stowed in the pilothouse or navigation bridge in portable watertight containers. (10) All lights, shapes, whistles, foghorns, fog bells and gongs required by and maintained in accordance with the International Regulations for Preventing Collisions at Sea. (11) Clean and sanitary conditions in all living spaces, food service and preparation areas and work spaces aboard the vessel. (e) Observer transfers. (2) The FFV's involved must provide a safe pilot ladder and conduct the transfer according to the procedures of § 600.504(d) to ensure the safety of the during the transfer. (3) An experienced crew member must assist the observer in the small boat or raft in which the transfer is made. (f) Supplementary observers. (g) Supplementary observer authority and duties. (2) The duties of supplementary observers and their deployment and work schedules will be specified by the appropriate Regional Administrator or Science and Research Director. (3) All data collected by supplementary observers will be under the exclusive control of the Assistant Administrator. (h) Supplementary observer payment Method of payment. (2) Contractor costs. (i) Salary and benefits, including overtime, for supplementary observers. (ii) The costs of post-certification training required by paragraph (j)(2) of this section. (iii) The costs of travel, transportation, and per diem associated with deploying supplementary observers to foreign fishing vessels including the cost of travel, transportation, and per diem from the supplementary observer's post of duty to the point of embarkation to the foreign fishing vessel, and then from the point of disembarkation to the post of duty from where the trip began. For the purposes of these regulations, the appropriate Regional Administrator or Science and Research Director will designate posts of duty for supplementary observers. (iv) The costs of travel, transportation, and per diem associated with the debriefing following deployment of a supplementary observer by NMFS officials. (v) The administrative and overhead costs incurred by the contractor and, if appropriate, a reasonable profit. (3) NMFS costs. (i) The costs of certifying applicants for the position of supplementary observer. (ii) The costs of any equipment, including safety equipment, sampling equipment, operations manuals, or other texts necessary to perform the duties of a supplementary observer. The equipment will be specified by the appropriate Regional Administrator or Science and Research Director according to the requirements of the fishery to which the supplementary observer will be deployed. (iii) The costs associated with communications with supplementary observers for transmission of data and routine messages. (iv) For the purposes of monitoring the supplementary observer program, the costs for the management and analysis of data. (v) The costs for data editing and entry. (vi) Any costs incurred by NMFS to train, deploy or debrief a supplementary observer. (vii) The cost for U.S. Customs inspection for supplementary observers disembarking after deployment. (4) Reconciliation. (i) Supplementary observer contractors Contractor eligibility. (2) Supplementary observer contractors must submit for the approval of the Assistant Administrator the following: (i) A copy of any contract, including all attachments, amendments, and enclosures thereto, between the contractor and the owners and operators of foreign fishing vessels for whom the contractor will provide supplementary observer services. (ii) All application information for persons whom the contractor desires to employ as certified supplementary observers. (iii) Billing schedules and billings to the owners and operators of foreign fishing vessels for further transmission to the designated representative of the appropriate foreign nation. (iv) All data on costs. (j) Supplementary observers—certification, training Certification. (i) The candidate is a citizen or national of the United States. (ii) The candidate has education or experience equivalent to the education or experience required of persons used as observers by NMFS as either Federal personnel or contract employees. The education and experience required for certification may vary according to the requirements of managing the foreign fishery in which the supplementary observer is to be deployed. Documentation of U.S. citizenship or nationality, and education or experience will be provided from personal qualification statements on file with NMFS contractors who provide supplementary observer services, and will not require the submission of additional information to NMFS. (2) Training. (i) Each certified supplementary observer must satisfactorily complete a course of training approved by the appropriate Regional Administrator or Science and Research Director as equivalent to that received by persons used as observers by NMFS as either Federal personnel or contract employees. The course of training may vary according to the foreign fishery in which the supplementary observer is to be deployed. (ii) Each certified supplementary observer must agree in writing to abide by standards of conduct as set forth in Department of Commerce Administrative Order 202-735 (as provided by the contractor). (k) Supplementary observer certification suspension or revocation. (i) A supplementary observer fails to perform the duties specified in paragraph (g)(2) of this section. (ii) A supplementary observer fails to abide by the standards of conduct described by Department of Commerce Administrative Order 202-735. (2) The suspension or revocation of the certification of a supplementary observer by the Assistant Administrator may be based on the following: (i) Boarding inspection reports by authorized officers of the USCG or NMFS, or other credible information, that indicate a supplementary observer has failed to abide by the established standards of conduct; or (ii) An analysis by NMFS of the data collected by a supplementary observer indicating improper or incorrect data collection or recording. The failure to properly collect or record data is sufficient to justify decertification of supplementary observers; no intent to defraud need be demonstrated. (3) The Assistant Administrator will notify the supplementary observer, in writing, of the Assistant Administrator's intent to suspend or revoke certification, and the reasons therefor, and provide the supplementary observer a reasonable opportunity to respond. If the Assistant Administrator determines that there are disputed questions of material fact, then the Assistant Administrator may in this respect appoint an examiner to make an informal fact-finding inquiry and prepare a report and recommendations. [61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12, 1998; 64 FR 39020, July 21, 1999] § 600.507 Recordkeeping. (a) General. (1) The owner and operator of each FFV must maintain all required records in English, based on Greenwich mean time (GMT) unless otherwise specified in the regulation, and make them immediately available for inspection upon the request of an authorized officer or observer. (2) The owner and operator of each FFV must retain all required records on board the FFV whenever it is in the EEZ, for 3 years after the end of the permit period. (3) The owner and operator of each FFV must retain the required records and make them available for inspection upon the request of an authorized officer at any time during the 3 years after the end of the permit period, whether or not such records are on board the vessel. (4) The owner and operator of each FFV must provide to the Assistant Administrator, in the form and at the times prescribed, any other information requested that the Assistant Administrator determines is necessary to fulfill the fishery conservation, management and enforcement purposes of the Magnuson-Stevens Act. (b) Communications log. (c) Transfer log. (1) The time and date (GMT) and location (in geographic coordinates) the transfer began and was completed. (2) The product weight, by species and product (use species and product codes), of all fish transferred, to the nearest 0.01 mt. (3) The name, IRCS, and permit number of both the FFV offloading the fish and the FFV receiving the fish. (d) Daily fishing log. (2) The owner or operator of each FFV authorized to catch fish (Activity Code 1) and that delivers all catches to a processing vessel, must maintain only “SECTION ONE-EFFORT”, of the daily fishing log, provided the processing vessel maintains a daily consolidated fishing log as described in paragraphs (f) and (g) of this section. (e) Daily fishing log—contents. (1) “SECTION ONE-EFFORT” must contain on a daily basis— (i) A consecutive page number, beginning with the first day the vessel started fishing operations within the EEZ and continuing throughout the log. (ii) The date (based on GMT). (iii) The FFV's name. (iv) The FFV's IRCS. (v) The FFV's U.S. permit number. (vi) The FFV's noon (1200 GMT) position in geographic coordinates. (vii) The master or operator's signature or title. (2) “SECTION ONE-EFFORT” must contain, for each trawl or set, as appropriate to the gear type employed— (i) The consecutive trawl or set number, beginning with the first set of the calendar year. (ii) The fishing area in which the trawl or set was completed. (iii) The gear type. (iv) The time the gear was set. (v) The position of the set. (vi) The course of the set. (vii) The sea depth. (viii) The depth of the set. (ix) The duration of the set. (x) The hauling time. (xi) The position of the haul. (xii) The number of pots or longline units (where applicable). (xiii) The average number of hooks per longline unit (where applicable). (xiv) The trawl speed (where applicable). (xv) The mesh size of the trawl's codend (where applicable). (xvi) The estimated total weight of the catch for the trawl of set, to at least the nearest metric ton round weight. (3) “SECTION TWO-CATCH” must contain, for each trawl or set— (i) The consecutive set or trawl number from “SECTION ONE”. (ii) The catch of each allocated species or species group to at least the nearest 0.1 mt round weight. (iii) The prohibited species catch to at least the nearest 0.1 mt round weight or by number, as required by the regulations for the fishery in which the FFV is engaged. (iv) The species code of each marine mammal caught and its condition when released. (4) “SECTION TWO-CATCH” must contain, on a daily basis— (i) The species codes for all allocated or prohibited species or species groups caught. (ii) For each allocated species—the amount, to at least the nearest 0.1 mt, and the daily disposition, either processed for human consumption, used for fishmeal, or discarded; the daily catch by fishing area; the daily catch for all fishing areas; and the cumulative total catch. (iii) For the total catch of allocated species—the amount to at least the nearest 0.1 mt and the daily disposition, daily total catch by fishing area, daily total catch for all fishing areas, and cumulative total catch. (iv) The catch by fishing area, daily total, and cumulative total of each prohibited species. (5) “SECTION THREE—PRODUCTION” must contain, on a daily basis, for each allocated species caught and product produced— (i) The product by species code and product type. (ii) The daily product recovery rate of each species and product. (iii) The daily total product produced by species to at least the nearest 0.01 mt. (iv) The cumulative total of each product to at least the nearest 0.01 mt. (v) The cumulative amount of product transferred. (vi) The balance of product remaining aboard the FFV. (vii) The total daily amount, cumulative amount, transferred product and balance of frozen product aboard the FFV to the nearest 0.01 mt. (viii) Transferred amount and balance of fishmeal and fish oil aboard to at least the nearest 0.01 mt. (f) Daily consolidated fishing or joint venture log. (g) Daily joint venture log—contents. (1) “SECTION ONE-EFFORT” must contain, on a daily basis, that information required in paragraph (e)(1) of this section. (2) “SECTION ONE-EFFORT” must contain for each receipt of a codend— (i) The consecutive codend number, beginning with the first codend received for the calendar year. (ii) The name of the U.S. fishing vessel or the name and IRCS of the foreign fishing vessel the codend was received from. (iii) The fishing area where the codend was received. (iv) The time the codend was received. (v) The position the codend was received. (vi) The estimated weight of the codend to at least the nearest metric ton round weight. (3) “SECTION TWO-CATCH” must contain, for each codend received— (i) The consecutive codend number from “SECTION ONE”. (ii) The receipts of each authorized species or species group and its disposition, either processed for human consumption, used for fishmeal, discarded, or returned to the U.S. fishing vessel, to at least the nearest 0.1 mt round weight. (iii) The estimated receipts of each prohibited species or species group and its disposition, either discarded or returned to the U.S. fishing vessel if authorized in the fishery in which the U.S. vessel is engaged, to at least the nearest 0.1 mt round weight. (iv) The species code of each marine mammal received and its condition when released. (4) “SECTION TWO-CATCH” must contain on a daily basis— (i) The species codes of all authorized or prohibited species or species groups received. (ii) The daily disposition, as described in paragraph (g)(3)(ii) of this section, daily total, and cumulative total receipts of each authorized species or species groups. (iii) The daily disposition, daily total and cumulative total receipts of all authorized species or species groups. (iv) The daily and cumulative total receipts of prohibited species groups and their disposition as described in paragraph (g)(3)(iii) of this section. (5) “SECTION THREE—PRODUCTION” must contain, on a daily basis, for each authorized species or species group received and product produced, that information required in paragraph (e)(5) of this section. (h) Daily log maintenance. (1) The effort section (all of “SECTION ONE”) of the daily logs must be updated within 2 hours of the hauling or receipt time. The catch or receipt by trawl or set (“SECTION TWO”) must be entered within 12 hours of the hauling or receipt time. The daily and cumulative total catch or receipts (“SECTION TWO”) and the production portion (“SECTION THREE”) of the log must be updated within 12 hours of the end of the day on which the catch was taken. The date of catch is the day and time (GMT) the gear is hauled. (2) Entries for total daily and cumulative catch or receipt weights (disposition “C” or “M”) must be based on the most accurate method available to the vessel, either scale round weights or factory weights converted to round weights. Entries for daily and cumulative weights of discarded or returned fish (disposition “D” or “R”) must be based on the most accurate method available to the vessel, either actual count, scale round weight, or estimated deck weights. Entries for product weights must be based on the number of production units (pans, boxes, blocks, trays, cans, or bags) and the average weight of the production unit, with reasonable allowances for water added. Allowances for water added cannot exceed 5 percent of the unit weight. Product weights cannot be based on the commercial or arbitrary wholesale weight of the product, but must be based on the total actual weight of the product as determined by representative samples. (3) The owner or operator must make all entries in indelible ink, with corrections to be accomplished by lining out and rewriting, rather than erasure. (i) Alternative log formats. As an alternative to the use of the specific formats provided, a Nation may submit a proposed log format for FFV's of that Nation for a general type of fishery operation in a fishery (i.e., joint venture operations) to the appropriate Regional Administrator and the USCG commander (see tables 1 and 2 to § 600.502). With the agreement of the USCG commander, the Regional Administrator may authorize the use of that log format for vessels of the requesting Nation. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.508 Fishing operations. (a) Catching. (b) Scouting. (c) Processing. (d) Support. (e) Joint ventures. (f) Internal waters. (1) Each FFV may engage in fish processing and support of U.S. fishing vessels within the internal waters of that state in compliance with terms and conditions set by the authorizing Governor. (2) The owner or operator of each FFV must submit weekly reports on the amount of fish received from vessels of the United States and the location(s) where such fish were harvested. (i) Reports must include: (A) Vessel identification information for the FFV. (B) Date of each receipt of fish. (C) Amount of fish received, by species. (D) Location(s) from which the fish received were harvested and the name and official number of the vessel of the United States that harvested the fish. (ii) Owners or operators of FFV's processing fish in internal waters under the provisions of this paragraph (f) must request, from the Regional Administrator, the requirements regarding timing and submission of the reports, at least 15 days prior to the first receipt of fish from a vessel of the United States. The Regional Administrator shall stipulate the timing and submission requirements in writing. (g) Transshipping. [61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62 FR 34397, June 26, 1997; 64 FR 39020, July 21, 1999] § 600.509 Prohibited species. (a) The owner or operator of each FFV must minimize its catch or receipt of prohibited species. (b) After allowing for sampling by an observer (if any), the owner or operator of each FFV must sort its catch of fish received as soon as possible and return all prohibited species and species parts to the sea immediately with a minimum of injury, regardless of condition, unless a different procedure is specified by the regulations for the fishery in which the FFV is engaged. All prohibited species must be recorded in the daily fishing log and other fishing logs as specified by the regulations for the fishery in which the FFV is engaged. (c) All species of fish that an FFV has not been specifically allocated or authorized under this subpart to retain, including fish caught or received in excess of any allocation or authorization, are prohibited species. (d) It is a rebuttable presumption that any prohibited species or species part found on board an FFV was caught and retained in violation of this section. § 600.510 Gear avoidance and disposal. (a) Vessel and gear avoidance. (2) The operator of each FFV must maintain on its bridge a current plot of broadcast fixed-gear locations for the area in which it is fishing, as required by the regulations for the fishery in which the FFV is engaged. (b) Gear conflicts. (1) The name of the reporting vessel. (2) A description of the incident and articles retrieved, including the amount, type of gear, condition, and identification markings. (3) The location of the incident. (4) The date and time of the incident. (c) Disposal of fishing gear and other articles. (2) The operator of an FFV may not abandon fishing gear in the EEZ. (3) If these articles or substances are encountered, or in the event of accidental or emergency placement into the EEZ, the vessel operator must immediately report the incident to the appropriate USCG Commander indicated in tables 1 and 2 to § 600.502, and give the information required in paragraph (b) of this section. § 600.511 Fishery closure procedures. (a) Activity Codes 1 and 2 for a fishery are automatically canceled in the following cases, unless otherwise specified by regulations specific to a fishery, when— (1) The OY for any allocated species or species group has been reached in that fishery; (2) The TALFF or catch allowance for any allocated species or species group has been reached in that fishery; (3) The foreign nation's allocation for any allocated species or species group has been reached; or (4) The letter of credit required in § 600.518(b)(2) is not established and maintained. (b) Activity Code 4 is automatically canceled when— (1) The OY for a species with a JVP amount is reached; (2) The JVP amount for a species or species group is reached; or (3) The letter of credit required in § 600.518(b)(2) is not established and maintained. (c) Notification. (2) If possible, notice will be given 48 hours before the closure. However, each Nation and the owners and operators of all FFV's of that Nation are responsible for ending fishing operations when an allocation is reached. (d) Catch reconciliation. (e) Duration. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.512 Scientific research. (a) Scientific research activity. (b) Reports. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 74 FR 42793, Aug. 25, 2009] § 600.513 Recreational fishing. (a) Foreign vessels conducting recreational fishing must comply only with this section, and §§ 600.10, 600.504(a)(1), and 600.505 (as applicable). Such vessels may conduct recreational fishing within the EEZ and within the boundaries of a state. Any fish caught may not be sold, bartered, or traded. (b) The owners or operator and any other person aboard any foreign vessel conducting recreational fishing must comply with any Federal laws or regulations applicable to the domestic fishery while in the EEZ, and any state laws or regulations applicable while in state waters. § 600.514 Relation to other laws. (a) Persons affected by these regulations should be aware that other Federal and state statutes may apply to their activities. (b) Fishing vessel operators must exercise due care in the conduct of fishing activities near submarine cables. Damage to submarine cables resulting from intentional acts or from the failure to exercise due care in the conduct of fishing operations subjects the fishing vessel operator to enforcement action under the International Convention for the Protection of Submarine Cables, and to the criminal penalties prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws that implement that Convention. Fishing vessel operators also should be aware that the Submarine Cable Act prohibits fishing operations at a distance of less than 1 nautical mile (1.85 km) from a vessel engaged in laying or repairing a submarine cable; or at a distance of less than 0.25 nautical mile (0.46 km) from a buoy or buoys intended to mark the position of a cable when being laid, or when out of order, or broken. § 600.515 Interpretation of 16 U.S.C. 1857(4). Section 307(4) of the Magnuson-Stevens Act prohibits any fishing vessel other than a vessel of the United States (foreign fishing vessel) from operating in the EEZ if all of the fishing gear on board the vessel is not stowed in compliance with that section “unless such vessel is authorized to engage in fishing in the area in which the vessel is operating.” If such a vessel has a permit authorization that is limited to fishing activities other than catching, taking or harvesting (such as support, scouting or processing activities), it must have all of its fishing gear stowed at all times while it is in the EEZ. If such a vessel has a permit authorization to engage in catching, taking or harvesting activities, but such authorization is limited to a specific area within the EEZ, and/or to a specific period of time, the vessel must have all of its fishing gear stowed while it is in the EEZ, except when it is in the specific area authorized, and/or during the specific period of time authorized. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.516 Total allowable level of foreign fishing (TALFF). (a) The TALFF, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, is that portion of the OY of such fishery, which cannot or will not be harvested by vessels of the United States. Allocations of TALFF are discretionary, except that the total allowable level shall be zero for fisheries determined by the Secretary to have adequate or excess domestic harvest capacity. (b) Each specification of OY and each assessment of the anticipated U.S. harvest will be reviewed during each fishing season. Adjustments to TALFF's will be made based on updated information relating to status of stocks, estimated and actual performance of domestic and foreign fleets, and other relevant factors. (c) Specifications of OY and the initial estimates of U.S. harvests and TALFF's at the beginning of the relevant fishing year will be published in the Federal Register. Federal Register [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 73 FR 67811, Nov. 17, 2008] § 600.517 Allocations. The Secretary of State, in cooperation with the Secretary, determines the allocation among foreign nations of fish species and species groups. The Secretary of State officially notifies each foreign nation of its allocation. The burden of ascertaining and accurately transmitting current allocations and status of harvest of an applicable allocation to fishing vessels is upon the foreign nation and the owner or operator of the FFV. § 600.518 Fee schedule for foreign fishing. (a) Permit application fees. (b) Poundage fees Rates. Table—Species and Poundage Fees [Dollars per metric ton] Species Poundage fees Northwest Atlantic Ocean fisheries: 1. Butterfish 277.96 2. Herring, Atlantic 25.75 3. Herring, River 49.59 4. Mackerel, Atlantic 64.76 5. Other finfish 45.48 6. Squid, Illex 97.56 7. Squid, Loligo 321.68 (2) Method of payment of poundage fees and observer fees. (A) Be irrevocable. (B) Be with a bank subscribing to ICC Pub. 290. (C) Designate “Department of Commerce, NOAA” as beneficiary; (D) Allow partial withdrawals. (E) Be confirmed by a U.S. bank. (ii) The customer must pay all commissions, transmission, and service charges. No fishing will be allowed until the L/C is established, and authorized written notice of its issuance is provided to the Assistant Administrator. (3) Assessment of poundage fees. (c) Observer fees. (d) Financial assurances. (i) Civil and criminal penalties assessed against fishing vessels of the Nation have not effectively deterred violations; (ii) Vessels of that Nation have engaged in fishing in the EEZ without proper authorization to conduct such activities; (iii) The Nation's vessel owners have refused to answer administrative charges or summons to appear in court; or (iv) Enforcement of Magnuson-Stevens Act civil or criminal judgments in the courts of a foreign nation is unattainable. (2) The level of financial assurances will be guided by the level of penalties assessed and costs to the U.S. Government. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 FR 39020, July 21, 1999; 66 FR 28132, May 22, 2001; 76 FR 59305, Sept. 26, 2011] § 600.520 Northwest Atlantic Ocean fishery. (a) Purpose. (b) Authorized fishery Allocations. (2) Time and area restrictions. (ii) The Regional Administrator will consult with the Council prior to giving notice of any area or time restriction. NMFS will also consult with the USCG if the restriction is proposed to reduce gear conflicts. If NMFS determines after such consultation that the restriction appears to be appropriate, NMFS will publish the proposed restriction in the Federal Register, (iii) The Regional Administrator may rescind any restriction if he/she determines that the basis for the restriction no longer exists. (iv) Any notice of restriction shall operate as a condition imposed on the permit issued to the foreign vessels involved in the fishery. (3) TALFF. Federal Register. (4) Species definitions. (i) The other allocated species, namely: Short-finned squid, long-finned squid, Atlantic herring, Atlantic mackerel, river herring (includes alewife, blueback herring, and hickory shad), and butterfish. (ii) The prohibited species, namely: American plaice, American shad, Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic salmon, all marlin, all spearfish, sailfish, swordfish, black sea bass, bluefish, croaker, haddock, ocean pout, pollock, red hake, scup, sea turtles, sharks (except dogfish), silver hake, spot, striped bass, summer flounder, tilefish, yellowtail flounder, weakfish, white hake, windowpane flounder, winter flounder, witch flounder, Continental Shelf fishery resources, and other invertebrates (except nonallocated squids). (5) Closures. (i) The vessels of the foreign nation have not caught the allocation of that Nation for any species or species group (e.g., “other finfish”). When vessels of a foreign nation have caught an applicable allocation of any species, all further fishing other than scouting, processing, or support by vessels of that Nation must cease, even if other allocations have not been reached. Therefore, it is essential that foreign nations plan their fishing strategy to ensure that the reaching of an allocation for one species does not result in the premature closing of a Nation's fishery for other allocated species. (ii) The fishery has not been closed for other reasons under § 600.511. (6) Allocation utilization. (c) Fishing areas. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.525 Applicability of subpart F to Canadian Albacore Fishing Vessels off the West Coast. Fishing by vessels of Canada under the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges is regulated only under this section and § 600.530 of this subpart F, and is exempt from any other requirements of this subpart F. Regulations governing fishing by U.S. vessels in waters under the fisheries jurisdiction of the Canada more than 12 nautical miles from the baseline from which the territorial sea is measured are found at §§ 300.170-300.176 of chapter II of this title. [69 FR 31535, June 4, 2004] § 600.530 Pacific albacore fishery. (a) Purpose and scope. (b) Definitions. Fishing under the Treaty as amended in 2002 Regional Administrator Reporting Office Treaty (c) Vessel list. (d) Vessel identification. (e) Hail-in reports. (f) Hail-out Reports. (g) Prohibitions. (1) Is not on the vessel list in paragraph (c) of this section; (2) Has not filed a hail-in report to advise of an intent to fish under the Treaty as amended in 2002 prior to engaging in such fishing; or (3) Is not clearly marked in accordance with paragraph (d) of this section. [69 FR 31535, June 4, 2004] Subpart G—Preemption of State Authority Under Section 306(b) § 600.605 General policy. It is the policy of the Secretary that preemption proceedings will be conducted expeditiously. The administrative law judge and counsel or other representative for each party are encouraged to make every effort at each stage of the proceedings to avoid delay. § 600.610 Factual findings for Federal preemption. (a) The two factual findings for Federal preemption of state management authority over a fishery are: (1) The fishing in a fishery that is covered by an FMP implemented under the Magnuson-Stevens Act is engaged in predominately within the EEZ and beyond such zone. (2) A state has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the carrying out of such FMP. (b) Whether fishing is engaged in “predominately” within or beyond the EEZ will be determined after consideration of relevant factors, including but not limited to, the catch (based on numbers, value, or weight of fish caught, or other relevant factors) or fishing effort during the appropriate period, and in light of historical patterns of the distribution of catch or fishing effort for such stock or stocks of fish. (c) Whether relevant effects are substantial will be determined after consideration of the magnitude of such actual or potential effects. Relevant to this determination are various factors, including but not limited to, the proportion of the fishery (stock or stocks of fish and fishing for such stocks) that is subject to the effects of a particular state's action or omission, the characteristics and status (including migratory patterns and biological condition) of the stock or stocks of fish in the fishery, and the similarity or dissimilarity between the goals, objectives, or policies of the state's action or omission and the management goals or objectives specified in the FMP for the fishery or between the state and Federal conservation and management measures of the fishery. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.615 Commencement of proceedings. (a) Notice of proposed preemption. (i) A recital of the legal authority and jurisdiction for instituting the proceeding. (ii) A concise statement of the § 600.610 factual findings for Federal preemption upon which the notice is based. (iii) The time, place, and date of the hearing. (2) The notice of proposed preemption will also be published in the Federal Register. (b) Response. (c) Amendment. (d) Proposed regulations In general. Federal Register (2) Emergency actions. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.620 Rules pertaining to the hearing. (a) The civil procedure rules of the NOAA currently set forth in 15 CFR part 904, subpart C (or as subsequently amended), apply to the proceeding after its commencement by service of notice (pursuant to § 600.615) and prior to the Secretary's decision (§ 600.625), except that the following sections will not apply: (1) 15 CFR 904.201 (Definitions); (2) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and (3) 15 CFR 904.272 (Administrative review of decision). (b) Additional duties and powers of judge Time periods. (2) Intervention. § 600.625 Secretary's decision. (a) The Secretary will, on the basis of the hearing, record the administrative law judge's recommended decision: (1) Accept or reject any of the findings or conclusions of the administrative law judge and decide whether the factual findings exist for Federal preemption of a state's authority within its boundaries (other than in its internal waters) with respect to the fishery in question; (2) Reserve decision on the merits or withdraw the notice of proposed preemption; or (3) Remand the case to the administrative law judge for further proceedings as may be appropriate, along with a statement of reasons for the remand. (b) Notification. (2) If the factual findings for Federal preemption are determined not to exist, the Secretary will notify, in writing, the Attorney General of the state and the appropriate Council(s) of that determination. The Secretary will also direct the Administrator to issue a notice withdrawing any regulations proposed under § 600.615(d). § 600.630 Application for reinstatement of state authority. (a) Application or notice. (i) The action taken by the State to correct the action or omission found to have substantially and adversely affected the carrying out of the FMP; or (ii) Any changed circumstances that affect the relationship of the state's action or omission to take action to the carrying out of the FMP (including any amendment to such plan); and (iii) Any laws, regulations, or other materials that the state believes support the application. (2) Any such application received by the Secretary or notice issued to the State will be published in the Federal Register. (b) Informal response. Federal Register (c) Hearing. Federal Register Subpart H—General Provisions for Domestic Fisheries § 600.705 Relation to other laws. (a) General. (b) State responsibilities. (c) Submarine cables. (d) Marine mammals. (e) Halibut fishing. (f) Marine sanctuaries. (g) High seas fishing activities. [61 FR 32540, June 24, 1996, as amended at 80 FR 62500, Oct. 16, 2015; 81 FR 51138, Aug. 3, 2016; 85 FR 15392, Mar. 18, 2020] § 600.710 Permits. Regulations pertaining to permits required for certain fisheries are set forth in the parts of this chapter governing those fisheries. § 600.715 Recordkeeping and reporting. Regulations pertaining to records and reports required for certain fisheries are set forth in the parts of this chapter governing those fisheries. § 600.720 Vessel and gear identification. Regulations pertaining to special vessel and gear markings required for certain fisheries are set forth in the parts of this chapter governing those fisheries. § 600.725 General prohibitions. It is unlawful for any person to do any of the following: (a) Possess, have custody or control of, ship, transport, offer for sale, sell, purchase, land, import, export or re-export, any fish or parts thereof taken or retained in violation of the Magnuson-Stevens Act or any other statute administered by NOAA or any regulation or permit issued thereunder, or import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish taken, possessed, transported, or sold in violation of any foreign law or regulation, or any treaty or in contravention of a binding conservation measure adopted by an international agreement or organization to which the United States is a party. (b) Transfer or attempt to transfer, directly or indirectly, any U.S.-harvested fish to any foreign fishing vessel, while such vessel is in the EEZ, unless the foreign fishing vessel has been issued a permit under section 204 of the Magnuson-Stevens Act, which authorizes the receipt by such vessel of U.S.- harvested fish. (c) Fail to comply immediately with enforcement and boarding procedures specified in § 600.730. (d) Refuse to allow an authorized officer to board a fishing vessel or to enter areas of custody for purposes of conducting any search, inspection, or seizure in connection with the enforcement of the Magnuson-Stevens Act or any other statute administered by NOAA. (e) Dispose of fish or parts thereof or other matter in any manner, after any communication or signal from an authorized officer, or after the approach by an authorized officer or an enforcement vessel or aircraft. (f) Assault, resist, oppose, impede, intimidate, threaten, or interfere with any authorized officer in the conduct of any search, inspection, or seizure in connection with enforcement of the Magnuson-Stevens Act or any other statute administered by NOAA. (g) Interfere with, delay, or prevent by any means, the apprehension of another person, knowing that such person has committed any act prohibited by the Magnuson-Stevens Act or any other statute administered by NOAA. (h) Resist a lawful arrest for any act prohibited under the Magnuson-Stevens Act or any other statute administered by NOAA. (i) Make any false statement, oral or written, to an authorized officer concerning the taking, catching, harvesting, landing, purchase, sale, offer of sale, possession, transport, import, export, or transfer of any fish, or attempts to do any of the above. (j) Interfere with, obstruct, delay, or prevent by any means an investigation, search, seizure, or disposition of seized property in connection with enforcement of the Magnuson-Stevens Act or any other statute administered by NOAA. (k) Fish in violation of the terms or conditions of any permit or authorization issued under the Magnuson-Stevens Act or any other statute administered by NOAA. (l) Fail to report catches as required while fishing pursuant to an exempted fishing permit. (m) On a scientific research vessel, engage in fishing other than recreational fishing authorized by applicable state or Federal regulations. (n) Trade, barter, or sell; or attempt to trade, barter, or sell fish possessed or retained while fishing pursuant to an authorization for an exempted educational activity. (o) Harass or sexually harass an authorized officer or an observer. (p) Fail to show proof of passing the USCG Commercial Fishing Vessel Safety Examination or the alternate NMFS safety equipment examination, or fail to maintain the vessel safety conditions necessary to pass the examination, when required by NMFS pursuant to § 600.746. (q) Fail to display a Commercial Fishing Vessel Safety Examination decal or a valid certificate of compliance or inspection pursuant to § 600.746. (r) Fail to provide to an observer, a NMFS employee, or a designated observer provider information that has been requested pursuant to § 600.746, or fail to allow an observer, a NMFS employee, or a designated observer provider to inspect any item described at § 600.746. (s) Fish without an observer when the vessel is required to carry an observer. (t) Assault, oppose, impede, intimidate, or interfere with a NMFS-approved observer. (u)(1) Prohibit or bar by command, impediment, threat, coercion, interference, or refusal of reasonable assistance, an observer from conducting his or her duties as an observer; or (2) Tamper with or destroy samples or equipment. (v) The use of any gear or participation in a fishery not on the following list of authorized fisheries and gear is prohibited after December 1, 1999. A fish, regardless whether targeted, may be retained only if it is taken within a listed fishery, is taken with a gear authorized for that fishery, and is taken in conformance with all other applicable regulations. Listed gear can only be used in a manner that is consistent with existing laws and regulations. The list of fisheries and authorized gear does not, in any way, alter or supersede any definitions or regulations contained elsewhere in this chapter. A person or vessel is prohibited from engaging in fishing or employing fishing gear when such fishing gear is prohibited or restricted by regulation under an FMP or other applicable law. However, after December 1, 1999, an individual fisherman may notify the appropriate Council, or the Director, in the case of Atlantic highly migratory species, of the intent to use a gear or participate in a fishery not already on the list. Ninety days after such notification, the individual may use the gear or participate in that fishery unless regulatory action is taken to prohibit the use of the gear or participate in the fishery ( e.g., Fishery Authorized gear types I. New England Fishery Management Council (NEFMC) 1. Atlantic Sea Scallop Fishery (FMP): A. Dredge fishery A. Dredge. B. Trawl fishery B. Trawl. C. Hand harvest fishery C. Hand harvest. D. Recreational fishery D. Hand harvest. 2. Iceland Scallop Fishery (Non-FMP): A. Dredge fishery A. Dredge. B. Trawl fishery B. Trawl. 3. Atlantic Salmon Fishery (FMP) No harvest or possession in the EEZ. 4. Striped Bass Fishery (Non-FMP) No harvest or possession in the EEZ. 5. Northeast (NE) Multispecies Fishery (FMP): A. NE multispecies sink gillnet fishery A. Gillnet. B. North Atlantic bottom trawl fishery B. Trawl. C. Groundfish hook and line fishery C. Longline, handline, rod and reel. D. Mixed species trap and pot fishery D. Trap, pot. E. Dredge fishery E. Dredge. F. Seine fishery F. Seine. G. Recreational fishery G. Rod and reel, handline, spear. 6. American Lobster Fishery (FMP): A. Lobster pot and trap fishery A. Pot, trap. B. North Atlantic bottom trawl fishery B. Trawl. C. Dredge fishery C. Dredge. D. Hand harvest fishery D. Hand harvest. E. Gillnet fishery E. Gillnet. F. Recreational fishery F. Pot, trap, hand harvest. 7. Atlantic Herring Fishery (FMP): A. Trawl fishery A. Trawl. B. Purse seine fishery B. Purse seine. C. Gillnet fishery C. Gillnet. D. Herring pair trawl fishery D. Pair trawl. E. Dredge fishery E. Dredge. F. Recreational fishery F. Hook and line, gillnet. 8. Spiny Dogfish Fishery (FMP jointly managed by MAFMC and NEFMC): A. Gillnet fishery A. Gillnet. B. Trawl fishery B. Trawl. C. Hook and line fishery C. Hook and line, rod and reel, spear. D. Dredge fishery D. Dredge. E. Longline fishery E. Longline. F. Recreational fishery F. Hook and line, rod and reel, spear. 9. Atlantic Bluefish Fishery (FMP managed by MAFMC): A. Pelagic longline and hook and line fishery A. Longline, handline. B. Seine fishery B. Purse seine, seine. C. Mixed species pot and trap fishery C. Pot, trap. D. Bluefish, croaker, flounder trawl fishery D. Trawl. E. Gillnet fishery E. Gillnet. F. Dredge fishery F. Dredge. G. Recreational fishery G. Rod and reel, handline, trap, pot, spear. 10. Atlantic Mackerel, Squid and Butterfish Fishery (FMP managed by the MAFMC): A. Mackerel, squid, and butterfish trawl fishery A. Trawl. B. Gillnet fishery B. Gillnet. C. Longline and hook-and-line fishery C. Longline, handline, rod and reel. D. Purse seine fishery D. Purse seine. E. Mixed species pot and trap fishery E. Pot, trap. F. Dredge fishery F. Dredge. G. Dip net fishery G. Dip net. H. Bandit gear fishery H. Bandit gear. I. Recreational fishery I. Rod and reel, handline, pot, spear. 11. Surf Clam and Ocean Quahog Fishery (FMP managed by the MAFMC): A. Commercial fishery A. Dredge, hand harvest. B. Recreational fishery B. Hand harvest. 12. Atlantic Menhaden Fishery (Non-FMP): A. Purse seine fishery A. Purse seine. B. Trawl fishery B. Trawl. C. Gillnet fishery C. Gillnet. D. Commercial hook-and-line fishery D. Hook and line. E. Recreational fishery E. Hook and line, snagging, cast nets. 13. Weakfish Fishery (Non-FMP): A. Commercial fishery A. Trawl, gillnet, hook and line. B. Recreational fishery B. Hook and line, spear. 14. Atlantic Mussel and Sea Urchin Fishery (Non-FMP): A. Dredge fishery A. Dredge. B. Hand harvest fishery B. Hand harvest. C. Recreational fishery C. Hand harvest. 15. Atlantic Skate Fishery (Non-FMP): A. Trawl fishery A. Trawl. B. Gillnet fishery B. Gillnet. C. Hook-and-line fishery C. Longline and handline. D. Dredge fishery D. Dredge. E. Recreational fishery E. Rod and reel. 16. Crab Fishery (Non-FMP): A. Dredge fishery A. Dredge. B. Trawl fishery B. Trawl. C. Trap and pot fishery C. Trap, pot. 17. Northern Shrimp Fishery (Non-FMP): A. Shrimp trawl fishery A. Trawl. B. Shrimp pot fishery B. Pot. 18. Monkfish Fishery (FMP jointly managed by NEFMC and MAFMC): A. Trawl fishery A. Trawl. B. Gillnet fishery B. Gillnet. C. Longline fishery C. Longline. D. Dredge fishery D. Dredge. E. Trap and pot fishery E. Trap, pot. F. Recreational fishery F. Rod and reel, spear. 19. Summer Flounder, Scup, Black Sea Bass Fishery (FMP managed by MAFMC): A. Trawl fishery A. Trawl. B. Longline and hook and line fishery B. Longline, handline. C. Mixed species pot and trap fishery C. Pot, trap. D. Gillnet fishery D. Gillnet. E. Dredge fishery E. Dredge. F. Recreational fishery F. Rod and reel, handline, pot, trap, spear. 20. Hagfish Fishery (Non-FMP) Trap, pot. 21. Tautog Fishery (Non-FMP): A. Gillnet fishery A. Gillnet. B. Pot and trap fishery B. Pot, trap. C. Rod and reel, hook and line fishery C. Rod and reel, handline, hook and line. D. Trawl fishery D. Trawl. E. Spear fishery E. Spear. F. Fyke net fishery F. Fyke net. G. Recreational fishery G. Rod and reel, hook and line, handline, spear. 22. Recreational Fishery (Non-FMP) Rod and reel, handline, spear, hook and line, hand harvest, bandit gear, powerhead, gillnet, cast net, pot, trap, dip net, bully net, snare. 23. Commercial Fishery (Non-FMP) Trawl, pot, trap, gillnet, pound net, dredge, seine, handline, longline, hook and line, rod and reel, hand harvest, purse seine, spear, bandit gear, powerhead, dip net, bully net, snare, cast net, barrier net, slurp gun, allowable chemicals. 24. Dolphin/wahoo fishery (FMP managed by SAFMC) Automatic reel, bandit gear, handline, pelagic longline, rod and reel, spear (including powerheads). II. Mid-Atlantic Fishery Management Council (MAFMC) 1. Summer Flounder, Scup, Black Sea Bass Fishery (FMP): A. Trawl fishery A. Trawl. B. Pelagic longline and hook and line fishery B. Longline, handline, rod and reel. C. Mixed species pot and trap fishery C. Pot, trap. D. Gillnet fishery D. Gillnet. E. Dredge fishery E. Dredge. F. Recreational fishery F. Rod and reel, handline, pot, trap, spear. 2. Atlantic Bluefish Fishery (FMP): A. Bluefish, croaker, and flounder trawl fishery A. Trawl. B. Pelagic longline and hook and line fishery B. Longline, handline, bandit gear, rod and reel. C. Mixed species pot and trap fishery C. Pot, trap. D. Gillnet fishery D. Gillnet. E. Seine fishery E. Purse seine, seine. F. Dredge fishery F. Dredge. G. Recreational fishery G. Rod and reel, handline, trap, pot, spear. 3. Atlantic Mackerel, Squid, and Butterfish Fishery (FMP): A. Mackerel, squid, and butterfish trawl fishery A. Trawl. B. Gillnet fishery B. Gillnet. C. Longline and hook-and-line fishery C. Longline, handline, rod and reel. D. Purse seine fishery D. Purse seine. E. Mixed species pot and trap fishery E. Pot, trap. F. Dredge fishery F. Dredge. G. Dip net fishery G. Dip net. H. Bandit gear fishery H. Bandit gear. I. Recreational fishery I. Rod and reel, handline, pot, spear. 4. Surf Clam and Ocean Quahog Fishery (FMP): A. Commercial fishery A. Dredge, hand harvest. B. Recreational fishery B. Hand harvest. 5. Atlantic Sea Scallop Fishery (FMP managed by NEFMC): A. Dredge fishery A. Dredge. B. Trawl fishery B. Trawl. C. Hand harvest fishery C. Hand harvest. D. Recreational fishery D. Hand harvest. 6. Atlantic Menhaden Fishery (Non-FMP): A. Purse seine fishery A. Purse seine. B. Trawl fishery B. Trawl. C. Gillnet fishery C. Gillnet. D. Commercial hook-and-line fishery D. Hook and line. E. Recreational fishery E. Hook and line, snagging, cast nets. 7. Striped Bass Fishery (Non-FMP) No harvest or possession in the EEZ. 8. Northern Shrimp Trawl Fishery (Non-FMP) Trawl. 9. American Lobster Fishery (FMP managed by NEFMC): A. Pot and trap fishery A. Pot, trap. B. Hand harvest fishery B. Hand harvest. C. Trawl fishery C. Trawl. D. Dredge fishery D. Dredge. E. Gillnet fishery E. Gillnet. F. Recreational fishery F. Pot, trap, hand harvest. 10. Weakfish Fishery (Non-FMP): A. Commercial fishery A. Trawl, gillnet, hook and line, rod and reel. B. Recreational fishery B. Hook and line, spear. 11. Whelk Fishery (Non-FMP): A. Trawl fishery A. Trawl. B. Pot and trap fishery B. Pot, trap. C. Dredge C. Dredge. D. Pound net, gillnet, seine D. Pound net, gillnet, seine. E. Recreational fishery E. Hand harvest. 12. Monkfish Fishery (FMP jointly managed by NEFMC and MAFMC): A. Trawl fishery A. Trawl. B. Longline fishery B. Longline, rod and reel. C. Gillnet fishery C. Gillnet. D. Dredge fishery D. Dredge. E. Trap and pot fishery E. Trap and pot. F. Recreational fishery F. Rod and reel, spear. 13. Tilefish Fishery (Non-FMP): A. Groundfish hook-and-line fishery A. Longline, handline, rod and fishery reel. B. Trawl fishery B. Trawl. C. Recreational fishery C. Rod and reel, spear. 14. Spiny Dogfish Fishery (FMP jointly managed by MAFMC and NEFMC): A. Gillnet fishery A. Gillnet. B. Trawl fishery B. Trawl. C. Hook and line fishery C. Hook and line, rod and reel, spear. D. Dredge fishery D. Dredge. E. Longline fishery E. Longline. F. Recreational fishery F. Hook and line, rod and reel, spear. 15. Tautog Fishery (Non-FMP): A. Gillnet fishery A. Gillnet. B. Pot and trap fishery B. Pot, trap. C. Rod and reel, hook and line handline fishery C. Rod and reel, hook and line, handline. D. Trawl fishery D. Trawl. E. Spear fishery E. Spear. F. Fyke net fishery F. Fyke net. G. Recreational fishery G. Rod and reel, handline, hook and line, spear. 16. Coastal Gillnet Fishery (Non-FMP) Gillnet 17. Recreational Fishery (Non-FMP) Rod and reel, handline, spear, hook and line, hand harvest, bandit gear, powerhead, gillnet, cast net. 18. NE Multispecies Fishery (FMP managed by NEFMC): A. NE multispecies sink gillnet fishery A. Gillnet. B. North Atlantic bottom trawl fishery B. Trawl. C. Groundfish hook and line C. Longline, handline, rod and fishery reel. D. Mixed species trap and pot fishery D. Trap, pot. E. Dredge fishery E. Dredge. F. Seine fishery F. Seine. G. Recreational fishery G. Rod and reel, handline, spear. 19. Atlantic Skate Fishery (Non-FMP): A. Trawl fishery A. Trawl. B. Gillnet fishery B. Gillnet. C. Hook-and-line fishery C. Longline and handline. D. Dredge fishery D. Dredge. E. Recreational fishery E. Rod and reel. 20. Crab Fishery (Non-FMP): A. Dredge fishery A. Dredge. B. Trawl fishery B. Trawl. C. Trap and pot fishery C. Trap, pot. 21. Atlantic Herring Fishery (FMP managed by the NEFMC): A. Trawl fishery A. Trawl. B. Purse seine fishery B. Purse seine. C. Gillnet fishery C. Gillnet. D. Herring pair trawl fishery D. Pair trawl. E. Dredge fishery E. Dredge. F. Recreational fishery F. Hook and line, gillnet. 22. South Atlantic Snapper-Grouper Fishery (FMP managed by the SAFMC): A. Commercial fishery A. Longline, rod and reel, bandit gear, handline, spear, powerhead. B. Black sea bass trap and pot fishery B. Pot, trap. C. Wreckfish fishery C. Rod and reel, bandit gear, handline. D. Recreational fishery D. Handline, rod and reel, bandit gear, spear, powerhead. 23. South Atlantic Coastal Migratory Pelagics Fishery (FMP managed by the SAFMC): A. Commercial Spanish mackerel fishery A. Handline, rod and reel, bandit gear, gillnet, cast net. B. Commercial king mackerel fishery B. Handline, rod and reel, bandit gear. C. Other commercial coastal migratory pelagics fishery C. Longline, handline, rod and reel, bandit gear. D. Recreational fishery D. Bandit gear, rod and reel, handline, spear. 24. Calico Scallops Fishery (Non-FMP): A. Trawl fishery A. Trawl. B. Dredge fishery B. Dredge. C. Recreational fishery C. Hand harvest. 25. Sargassum Fishery (Non-FMP) Trawl. 26. South Atlantic Shrimp Fishery (FMP) Trawl. 27. Commercial Fishery (Non-FMP) Trawl, pot, trap, gillnet, pound net, dredge, seine, handline, longline, hook and line, rod and reel, spear. 28. Dolphin/wahoo fishery (FMP managed by SAFMC) Automatic reel, bandit gear, handline, pelagic longline, rod and reel, spear (including powerheads). III. South Atlantic Fishery Management Council 1. Golden Crab Fishery (FMP) Trap. 2. Crab Fishery (Non-FMP): A. Dredge fishery A. Dredge. B. Trawl fishery B. Trawl. C. Trap and pot fishery C. Trap, pot. 3. Atlantic Red Drum Fishery (FMP) No harvest or possession in the EEZ. 4. Coral and Coral Reef Fishery (FMP): A. Octocoral commercial fishery Hand harvest. B. Live rock aquaculture fishery Hand harvest. 5. South Atlantic Shrimp Fishery (FMP) Trawl. 6. South Atlantic Snapper-Grouper Fishery (FMP): A. Commercial fishery A. Longline, rod and reel, bandit gear, handline, spear, powerhead. B. Black sea bass pot fishery B. Pot. C. Wreckfish fishery C. Rod and reel, bandit gear, handline. D. Recreational fishery D. Handline, rod and reel, bandit gear, spear, powerhead. 7. South Atlantic Spiny Lobster Fishery (FMP): A. Commercial fishery A. Trap, pot, dip net, bully net, snare, hand harvest. B. Recreational fishery B. Dip net, bully net, snare, hand harvest. 8. South Atlantic Coastal Migratory Pelagics Fishery (FMP): A. Commercial Spanish mackerel fishery A. Handline, rod and reel, bandit gear, gillnet, cast net. B. Commercial king mackerel fishery B. Handline, rod and reel, bandit gear. C. [Reserved] D. Recreational fishery D. Bandit gear, rod and reel, handline, spear. 9. Spiny Dogfish Fishery (FMP jointly managed by NEFMC and SAFMC): A. Gillnet fishery A. Gillnet. B. Trawl fishery B. Trawl. C. Hook and line fishery C. Hook and line, rod and reel, spear, bandit gear. D. Dredge fishery D. Dredge. E. Longline fishery E. Longline. F. Recreational fishery F. Hook and line, rod and reel, spear. 10. Smooth Dogfish Fishery (Non-FMP): A. Gillnet fishery A. Gillnet. B. Trawl fishery B. Trawl. C. Hook and line fishery C. Hook and line, rod and reel, spear, bandit gear. D. Dredge fishery D. Dredge. E. Longline fishery E. Longline. F. Recreational fishery F. Hook and line, rod and reel, spear. 11. Atlantic Menhaden Fishery (Non-FMP): A. Purse seine fishery A. Purse seine. B. Trawl fishery B. Trawl. C. Gillnet fishery C. Gillnet. D. Commercial hook-and-line D. Hook and line fishery. E. Recreational fishery E. Hook and line, snagging, cast nets. 12. Atlantic Mackerel, Squid, and Butterfish Trawl Fishery (Non-FMP) Trawl. 13. Bait Fisheries (Non-FMP) Purse seine. 14. Weakfish Fishery (Non-FMP): A. Commercial fishery A. Trawl, gillnet, hook and line. B. Recreational fishery B. Hook and line, spear. 15. Whelk Fishery (Non-FMP): A. Trawl fishery A. Trawl. B. Pot and trap fishery B. Pot, trap. C. Dredge fishery C. Dredge. D. Recreational fishery D. Hand harvest. 16. Marine Life Aquarium Fishery (Non-FMP) Dip net, slurp gun, barrier net, drop net, allowable chemical, trap, pot, trawl. 17. Calico Scallop Fishery (Non-FMP): A. Dredge fishery A. Dredge. B. Trawl fishery B. Trawl. C. Recreational fishery C. Hand harvest. 18. Summer Flounder Fishery (FMP managed by MAFMC): A. Commercial fishery A. Trawl, longline, handline, rod and reel, pot, trap, gillnet, dredge. B. Recreational fishery B. Rod and reel, handline, pot, trap, spear. 19. Bluefish, Croaker, and Flounder Trawl and Gillnet Fishery (Bluefish FMP managed by MAFMC) Trawl, gillnet. 20. Commercial Fishery (Non-FMP) Trawl, gillnet, longline, handline, hook and line, rod and reel, bandit gear, cast net, pot, trap, lampara net, spear. 21. Recreational Fishery (Non-FMP) Rod and reel, handline, spear, hook and line, hand harvest, bandit gear, powerhead, gillnet, cast net. 22. Sargassum Fishery (Non-FMP) Trawl. 23. Octopus Fishery (Non-FMP) Trap, pot. 24. Dolphin/wahoo fishery (FMP) Automatic reel, bandit gear, handline, pelagic longline, rod and reel, spear (including powerheads). 25. Atlantic Migratory Group Cobia (Non-FMP): A. Commercial Fishery A. Longline, handline, rod and reel, bandit gear, spear. B. Recreational Fishery B. Bandit gear, rod and reel, handline, spear. IV. Gulf Fishery Management Council 1. Gulf Red Drum Fishery (FMP) No harvest or possession in the EEZ. 2. Coral Reef Fishery (FMP): A. Commercial fishery A. Hand harvest. B. Recreational fishery B. Hand harvest. 3. Gulf Reef Fish Fishery (FMP): A. Snapper-Grouper reef fish longline and hook and line fishery A. Longline, handline, bandit gear, rod and reel, buoy gear. B. Other commercial fishery B. Spear, powerhead, cast net, trawl. C. Recreational fishery C. Spear, powerhead, bandit gear, handline, rod reel, cast net. 4. Gulf Shrimp Fishery (FMP): A. Gulf commercial fishery A. Trawl butterfly net, skimmer, cast net. B. Recreational fishery B. Trawl. 5. Gulf Coastal Migratory Pelagics Fishery (FMP): A. Large pelagics longline fishery A. Longline. B. King/Spanish mackerel gillnet fishery B. Gillnet. C. Pelagic hook and line fishery C. Bandit gear, handline, rod and reel. D. Pelagic species purse seine fishery D. Purse seine. E. Recreational fishery E. Bandit gear, handline, rod and reel, spear. Gulf Spiny Lobster Fishery (FMP): A. Commercial fishery A. Trap, pot, dip net, bully net, hoop net, trawl, snare, hand harvest. C. Recreational fishery C. Dip net, bully net, pot, trap, snare, hand harvest. 6. Stone Crab Fishery (FMP): A. Trap and pot fishery A. Trap, pot B. Recreational fishery B. Trap, pot, hand harvest. 7. Blue Crab Fishery (Non-FMP) Trap, pot. 8. Golden Crab Fishery (Non-FMP) Trap. 9. Mullet Fishery (Non-FMP): A. Trawl fishery A. Trawl. B. Gillnet fishery B. Gillnet. C. Pair trawl fishery C. Pair trawl. D. Cast net fishery D. Cast net. E. Recreational fishery E. Bandit gear, handline, rod and reel, spear, cast net. 10. Inshore Coastal Gillnet Fishery (Non-FMP) Gillnet. 11. Octopus Fishery (Non-FMP) Trap, pot. 12. Marine Life Aquarium Fishery (Non-FMP) Dip net, slurp gun, barrier net, drop net, allowable chemical, trap, pot, trawl. 13. Coastal Herring Trawl Fishery (Non-FMP) Trawl. 14. Butterfish Trawl Fishery (Non-FMP) Trawl. 15. Gulf Groundfish (Non-FMP): A. Commercial fishery A. Trawl, purse seine, gillnet. B. Recreational fishery B. Hook and line, rod and reel, spear. 16. Gulf Menhaden Purse Seine Fishery (Non-FMP) Purse seine. 17. Sardine Purse Seine Fishery (Non-FMP) Purse seine. 18. Oyster Fishery (Non-FMP) Dredge, tongs. 19. Commercial Fishery (Non-FMP) Trawl, gillnet, hook and line, longline, handline, rod and reel, bandit gear, cast net, lampara net, spear. 20. Recreational Fishery (Non-FMP) Bandit gear, handline, rod and reel, spear, bully net, gillnet, dip net, longline, powerhead, seine, slurp gun, trap, trawl, harpoon, cast net, hoop net, hook and line, hand harvest. 21. Offshore aquaculture (FMP) Cages, net pens V. Caribbean Fishery Management Council 1. Exclusive Economic Zone around Puerto Rico A. Puerto Rico Reef Fish Fishery (FMP): i. Commercial fishery i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, trap, pot, spear. ii. Recreational fishery ii. Dip net, handline, rod and reel, slurp gun, spear, trap, pot. B. Puerto Rico Pelagic Fishery (FMP): i. Commercial fishery i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel. ii. Recreational fishery ii. Spear, handline, longline, rod and reel. C. Puerto Rico Spiny Lobster Fishery (FMP): i. Commercial fishery i. Trap, pot, dip net, hand harvest, snare. ii. Recreational fishery ii. Trap, pot, dip net, hand harvest, snare. D. Puerto Rico Coral Reef Resources Fishery (FMP): No harvest or possession in the EEZ. E. Puerto Rico Queen Conch Fishery (FMP): No harvest or possession in the EEZ. F. Puerto Rico Pelagic Fishery (Non-FMP): i. Commercial fishery i. Gillnet, automatic reel, bandit gear, buoy gear, handline, longline, rod and reel. ii. Recreational fishery ii. Spear, handline, longline, rod and reel. G. Puerto Rico Commercial Fishery (Non-FMP) Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, gillnet, cast net, spear. H. Puerto Rico Recreational Fishery (Non-FMP) Automatic reel, bandit gear, handline, longline, rod and reel, spear, powerhead, hand harvest, cast net. 2. Exclusive Economic Zone around St. Croix A. St. Croix Reef Fish Fishery (FMP): i. Commercial fishery i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, trap, pot, spear. ii. Recreational fishery ii. Dip net, handline, rod and reel, slurp gun, spear, trap, pot. B. St. Croix Pelagic Fishery (FMP): i. Commercial fishery i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel. ii. Recreational fishery ii. Spear, handline, longline, rod and reel. C. St. Croix Spiny Lobster Fishery (FMP): i. Commercial fishery i. Trap, pot, dip net, hand harvest, snare. ii. Recreational fishery ii. Trap, pot, dip net, hand harvest, snare. D. St. Croix Coral Reef Resource Fishery (FMP): No harvest or possession in the EEZ. E. St. Croix Queen Conch Fishery (FMP): i. Commercial fishery i. Hand harvest. ii. Recreational fishery ii. Hand harvest. F. St. Croix Pelagic Fishery (Non-FMP): i. Commercial fishery i. Gillnet, automatic reel, bandit gear, buoy gear, handline, longline, rod and reel. ii. Recreational fishery ii. Spear, handline, longline, rod and reel. G. St. Croix Commercial Fishery (Non-FMP) Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, gillnet, cast net, spear. H. St. Croix Recreational Fishery (Non-FMP) Automatic reel, bandit gear, handline, longline, rod and reel, spear, powerhead, hand harvest, cast net. 3. Exclusive Economic Zone around St. Thomas and St. John A. St. Thomas and St. John Reef Fish Fishery (FMP): i. Commercial fishery i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, trap, pot, spear. ii. Recreational fishery ii. Dip net, handline, rod and reel, slurp gun, spear, trap, pot. B. St. Thomas and St. John Pelagic Fishery (FMP): i. Commercial fishery i. Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel. ii. Recreational fishery ii. Spear, handline, longline, rod and reel. C. St. Thomas and St. John Spiny Lobster Fishery (FMP): i. Commercial fishery i. Trap, pot, dip net, hand harvest, snare. ii. Recreational fishery ii. Trap, pot, dip net, hand harvest, snare. D. St. Thomas and St. John Coral Reef Resource Fishery (FMP): No harvest or possession in the EEZ. E. St. Thomas and St. John Queen Conch Fishery (FMP): No harvest or possession in the EEZ. F. St. Thomas and St. John Pelagic Fishery (Non-FMP): i. Commercial fishery i. Gillnet, automatic reel, bandit gear, buoy gear, handline, longline, rod and reel. ii. Recreational fishery ii. Spear, handline, longline, rod and reel. G. St. Thomas and St. John Commercial Fishery (Non-FMP) Automatic reel, bandit gear, buoy gear, handline, longline, rod and reel, gillnet, cast net, spear. H. St. Thomas and St. John Recreational Fishery (Non-FMP) Automatic reel, bandit gear, handline, longline, rod and reel, spear, powerhead, hand harvest, cast net. VI. Pacific Fishery Management Council 1. Pacific Coast Salmon Fisheries (FMP): A. Commercial A. Hook and line. B. Recreational B. Hook and line. 2. Pacific Coast Groundfish Fisheries (FMP): A. Commercial A. Trawl, hook and line, pot/trap, demersal seine, set net, spear, and hand collection. B. Recreational B. Hook and line, spear. 3. Coastal Pelagic Species Fisheries (FMP): A. Commercial A. Purse seine, lampara net, brail net, dip net, cast net, hook and line. B. Recreational B. Hook and line, spear, pot/trap, dip net, cast net, hand harvest, rake, harpoon, bow and arrow. 4. Highly Migratory Species Fisheries (FMP): A. Commercial A. Hook and line, gillnet, harpoon, purse seine. B. Recreational B. Hook and line, spear, harpoon, bow and arrow. 5. Pacific Halibut Fisheries (Non-FMP): A. Commercial A. Hook and line. B. Recreational B. Hook and line, spear. 6. Dungeness Crab Fisheries (Non-FMP): A. Commercial A. Pot/trap. B. Recreational North of 46°15′ N. lat B. Pot/trap, dip net, hand harvest. C. Recreational South of 46°15′ N. lat. and North of 42° N. lat C. Pot/trap, hook and line, dip net, hand harvest, rake, crab loop. D. Recreational South of 42° N. lat D. Pot/trap, hand harvest, hoop net, crab loop. 7. Crab Fisheries for Species other than Dungeness crab (Non-FMP): A. Commercial Pot/Trap Fisheries South of 46°15′ N. lat A. Pot/trap. B. Recreational North of 46°15′ N. lat B. Pot/trap, dip net, hand harvest. C. Recreational South of 46°15′ N. lat. and North of 42° N. lat C. Pot/trap, hook and line, dip net, hand harvest, rake, crab loop. D. Recreational South of 42° N. lat D. Pot/trap, hand harvest, hoop net, crab loop. 8. Shrimp and Prawn Fisheries (Non-FMP): A. Commercial spot prawn A. Pot/trap. B. Commercial pink shrimp North of 46°15′ N. lat B. Trawl. C. Commercial pink shrimp South of 46°15′ N. lat C. Pot/trap, trawl. D. Commercial coonstripe shrimp South of 46°15′ N. lat D. Pot/trap. E. Commercial ridgeback prawn South of 42° N. lat E. Trawl. F. Recreational North of 46°15′ N. lat F. Pot/trap, dip net, hand harvest. G. Recreational South of 46°15′ N. lat. and North of 42° N. lat G. Pot/trap, hook and line, dip net, hand harvest, rake. H. Recreational South of 42° N. lat H. Pot/trap, hand harvest, dip net. 9. Hagfish Commercial Fisheries (Non-FMP) Pot/trap. 10. Squid, all spp. except market squid or not otherwise prohibited, and Octopus Fisheries (Non-FMP): A. Commercial A. Hook and line, pot/trap, dip net, seine, trawl, set net, spear, hand harvest. B. Recreational Squid North of 42° N. lat B. Hook and line, cast net, dip net, hand harvest. C. Recreational Octopus North of 42° N. lat C. Hook and line, pot/trap, dip net, hand harvest. D. Recreational South of 42° N. lat D. Hook and line, dip net, hand harvest. 11. White Sturgeon Fisheries (Non-FMP): A. Commercial South of 46°15′ N. lat. and North of 42° N. lat A. Trawl, pot/trap, hook and line, seine, dip net, spear. B. Recreational North of 42° N. lat B. Hook and line. C. Recreational South of 42° N. lat C. Hook and line, spear. 12. Sea Cucumber Fishery (Non-FMP): A. Commercial hand harvest fishery South of 46°15′ N. lat A. Hand harvest. B. Commercial trawl South of 42° N. lat B. Trawl. 13. Minor Finfish Commercial Fisheries South of 46°15′ N. lat. and North of 42° N. lat. for: Salmon shark, Pacific pomfret, slender sole, wolf-eel, eelpout species, Pacific sandfish, skilfish, and walleye pollock Fisheries (Non-FMP) Trawl, pot/trap, hook and line, seine, dipnet, spear. 14. Weathervane Scallop Commercial Fishery South of 46°15′ N. lat. and North of 42° N. lat. (Non-FMP) Trawl. 15. California Halibut, White Seabass Commercial Fisheries South of 42° N. lat. (Non-FMP): A. California halibut trawl A. Trawl. B. California halibut and white seabass set net B. Gillnet, trammel net. C. California halibut hook and line C. Hook and line. D. White seabass hook and line D. Hook and line. 16. California Barracuda, White Seabass, and Yellowtail Drift-Net Commercial Fishery South of 42° N. lat. (Non-FMP) Gillnet. 17. Pacific Bonito Commercial Net Fishery South of 42° N. lat. (Non-FMP) Purse seine. 18. Lobster Commercial Pot and Trap Fishery South of 42° N. lat. (Non-FMP) Pot/trap. 19. Finfish and Invertebrate Fisheries Not Listed Above and Not Otherwise Prohibited (Non-FMP): A. Commercial South of 46°15′ N. lat A. Hook and line, pot/trap, spear. B. Recreational B. Hook and line, spear, pot/trap, dip net, cast net, hand harvest, rake, harpoon, bow and arrow. VII. North Pacific Fishery Management Council 1. Alaska Scallop Fishery (FMP) Dredge. 2. Bering Sea (BS) and Aleutian Islands (AI) King and Tanner Crab Fishery (FMP): Pot fishery Pot. 3. Bering Sea (BS) and Aleutian Islands (AI) King and Tanner Crab Fishery (FMP): Recreational fishery Pot. 4. BS and AI Groundfish Fishery (FMP): A. Groundfish trawl fishery A. Trawl. B. Bottomfish hook-and-line, and handline fishery B. Hook and line, handline. C. Longline fishery C. Longline. D. BS and AI pot and trap fishery D. Pot, trap. 5. BS and AI Groundfish Recreational Fishery (Non-FMP) Handline, rod and reel, hook and line, pot, trap. 6. Gulf of Alaska (GOA) Groundfish Fishery (FMP): A. Groundfish trawl fishery A. Trawl. B. Bottomfish hook-and-line and handline fishery B. Hook and line, handline. C. Longline fishery C. Longline. D. GOA pot and trap fishery D. Pot, trap. E. Recreational fishery E. Handline, rod and reel, hook and line, pot, trap. 7. Pacific Halibut Fishery (Non-FMP): A. Commercial (IFQ and CDQ) A. Hook and line, pot. B. Recreational B. Single line with no more than 2 hooks attached or spear. C. Subsistence C. Setline gear and hand held gear of not more than 30 hooks, including longline, handline, rod and reel, spear, jig, and hand-troll gear. 8. Alaska Salmon Fishery (FMP): A. East Area A. Hook and line. B. Cook Inlet EEZ Area B. Drift gillnet, handline, rod and reel, hook and line. 9. Alaska Salmon Fishery (Non-FMP): A. Hook-and-line fishery A. Hook and line. B. Gillnet fishery B. Gillnet. C. Purse seine fishery. C. Purse seine. D. Recreational fishery D. Handline, rod and reel, hook and line. 10. Finfish Purse Seine Fishery (Non-FMP) Purse seine. 11. Octopus/Squid Longline Fishery (Non-FMP) Longline. 12. Finfish Handline and Hook-and-line Fishery (Non-FMP) Handline, hook and line. 13. Recreational Fishery (Non-FMP) Handline, rod and reel, hook line. 14. Commercial Fishery (Non-FMP) Trawl, gillnet, hook and line, longline, handline, rod and reel, bandit gear, cast net, spear. VIII. Western Pacific Fishery Management Council 1. Western Pacific Crustacean Fishery (FMP) (Fishery Ecosystem Plan, FEP) Trap, hand harvest, hoop net. 2. Western Pacific Crustacean Fishery (Non-FEP): A. Commercial fishery A. Gillnet, hand harvest, hoop net, spear, snare, trap, trawl. B. Recreational fishery B. Gillnet, hand harvest, hoop net, spear, snare, trap. C. Charter fishery C. Hand harvest, spear. 3. Western Pacific Precious Corals Fishery (FEP): A. Tangle net dredge fishery A. Tangle net dredge. B. Submersible fishery B. Submersible. C. Dive fishery C. Hand harvest. D. Recreational fishery D. Hand harvest. 4. Western Pacific Precious Corals Fishery (Non-FEP) Hand harvest, submersible, tangle net dredge. 5. Western Pacific Bottomfish and Seamount Groundfish Fishery (FEP) A. Bottomfish hook-and-line fishery A. Bandit gear, buoy gear, handline, hook and line, rod and reel, hand harvest. B. Seamount groundfish fishery B. Longline, trawl. C. Bottom longline fishery C. Longline, hook and line. D. Trap fishery D. Trap. E. Spear fishery E. Spear, powerhead. 6. Western Pacific Bottomfish and Seamount Groundfish Fishery (Non-FEP): A. Commercial fishery A. Bandit gear, buoy gear, gillnet, handline, hook-and-line, longline, rod and reel, spear, trap. B. Recreational fishery B. Bandit gear, buoy gear, Gillnet, handline, hook and line, longline, rod and reel, spear, trap, slurp gun, hand harvest. C. Charter fishery C. Bandit gear, buoy gear, handline, hook-and-line, rod and reel, spear. 7. Western Pacific Pelagics Fishery (FEP): A. Longline Fishery A. Longline. B. Hook and line fishery B. Bandit gear, buoy gear, handline, hook and line, rod and reel. C. Purse seine fishery C. Lampara net, purse seine. D. Spear fishery D. Spear, powerhead. E. Squid jig fishery E. Squid jig. 8. Western Pacific Pelagics Fishery (Non-FEP): A. Recreational fishery A. Bandit gear, buoy gear, dip net, handline, hook and line, hoop net, powerhead, rod and real, spear. B. Commercial fishery B. Bandit gear, buoy gear, dip net, handline, hook and line, hoop net, powerhead, rod and reel, spear. C. Charter fishery C. Bandit gear, buoy gear, dip net, handline, hook and line, hoop net, powerhead, rod and reel, spear. 9. Western Pacific Coastal Pelagics Fishery (Non-FEP) Bandit gear, buoy gear, dip net, gillnet, handline, hook and line, hoop net, lampara net, purse seine, rod and reel, spear. 10. Western Pacific Squid and Octopus Fishery (Non-FEP) Bandit gear, hand harvest, hook and line, rod and reel, spear, trap. 11. Western Pacific Coral Reef Fishery (Non-FEP) Allowable chemical, barrier net, dip net, gillnet, hand harvest, seine, slurp gun, trap, spear, rod and reel, hook and line. 12. Recreational Fishery (Non-FEP) Rod and reel, hook and line, handline, hand harvest, spear. 13. Commercial Fishery (Non-FEP) Trawl, gillnet, hook and line, longline, handline, rod and reel, bandit gear, cast net, spear. IX. Secretary of Commerce 1. Atlantic Highly Migratory Species Fisheries (FMP): A. Swordfish handgear fishery A. Rod and reel, harpoon, handline, bandit gear, buoy gear, green-stick gear. B. Swordfish recreational fishery B. Rod and reel, handline. C. Pelagic longline fishery C. Longline. D. Shark gillnet fishery D. Gillnet E. Shark bottom longline fishery E. Longline. F. Shark handgear fishery F. Rod and reel, handline, bandit gear. G. Shark recreational fishery G. Rod and reel, handline. H. [Reserved] I. Tuna recreational fishery I. Speargun gear (for bigeye, albacore, yellowfin, and skipjack tunas only); Rod and reel, handline (all tunas); green-stick gear (HMS Charter/Headboat Category only). J. Tuna handgear fishery J. Rod and reel, harpoon, handline, bandit gear. K. Tuna harpoon fishery K. Harpoon. L. Atlantic billfish recreational fishery L. Rod and reel. M. Tuna green-stick fishery M. Green-stick gear. N. Commercial Caribbean Small Boat Fishery N. Rod and reel, handline, harpoon, bandit gear, green-stick gear, buoy gear. 2. Commercial Fisheries (Non-FMP) Rod and reel, handline, longline, gillnet, harpoon, bandit gear, purse seine, green-stick gear. (w) Fail to maintain safe conditions for the protection of observers including compliance with all U.S. Coast Guard and other applicable rules, regulations, or statutes applicable to the vessel and which pertain to safe operation of the vessel. (x) [Reserved] (y) Disclose confidential information without authorization. [61 FR 32540, June 24, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 600.730 Facilitation of enforcement. (a) General. (1) For the purposes of this section “freeboard” means the working distance between the top rail of the gunwale of a vessel and the water's surface. Where cut-outs are provided in the bulwarks for the purpose of boarding personnel, freeboard means the distance between the threshold of the bulwark cut-out and the water's surface. (2) For the purposes of this section, “pilot ladder” means a flexible ladder constructed and approved to meet the U.S. Coast Guard standards for pilot ladders at 46 CFR subpart 163.003 entitled Pilot Ladder. (b) Communications. (2) VHF-FM radiotelephone is the preferred method for communicating between vessels. If the size of the vessel and the wind, sea, and visibility conditions allow, a loudhailer may be used instead of the radio. Hand signals, placards, high frequency radiotelephone, or voice may be employed by an authorized officer, and message blocks may be dropped from an aircraft. (3) If other communications are not practicable, visual signals may be transmitted by flashing light directed at the vessel signaled. USCG units will normally use the flashing light signal “L” as the signal to stop. In the International Code of Signals, “L” (.-..) means “you should stop your vessel instantly.” (Period (.) means a short flash of light; dash (-) means a long flash of light.) (4) Failure of a vessel's operator promptly to stop the vessel when directed to do so by an authorized officer using loudhailer, radiotelephone, flashing light signal, or other means constitutes prima facie evidence of the offense of refusal to permit an authorized officer to board. (5) The operator of a vessel who does not understand a signal from an enforcement unit and who is unable to obtain clarification by loudhailer or radiotelephone must consider the signal to be a command to stop the vessel instantly. (c) Boarding. (1) Guard Channel 16, VHF-FM, if so equipped. (2) Stop immediately and lay to or maneuver in such a way as to allow the authorized officer and his/her party to come aboard. (3) Except for fishing vessels with a freeboard of 4 feet (1.25 m) or less, provide, when requested by an authorized officer or observer personnel, a pilot ladder capable of being used for the purpose of enabling personnel to embark and disembark the vessel safely. The pilot ladder must be maintained in good condition and kept clean. (4) When necessary to facilitate the boarding or when requested by an authorized officer or observer, provide a manrope or safety line, and illumination for the pilot ladder. (5) Take such other actions as necessary to facilitate boarding and to ensure the safety of the authorized officer and the boarding party. (d) Signals. (1) “AA” repeated (.-.-) is the call to an unknown station. The operator of the signaled vessel should respond by identifying the vessel by radiotelephone or by illuminating the vessel's identification. (2) “RY-CY” (.-. -.— -.-. -.—) means “you should proceed at slow speed, a boat is coming to you.” This signal is normally employed when conditions allow an enforcement boarding without the necessity of the vessel being boarded coming to a complete stop, or, in some cases, without retrieval of fishing gear which may be in the water. (3) “SQ3” (... —.- ...—) means “you should stop or heave to; I am going to board you.” [61 FR 32540, June 24, 1996, as amended at 61 FR 37225, July 17, 1996; 63 FR 7075, Feb. 12, 1998; 73 FR 67809, Nov. 17, 2008; 81 FR 88998, Dec. 9, 2016] § 600.735 Penalties. Any person committing, or fishing vessel used in the commission of a violation of the Magnuson-Stevens Act or any other statute administered by NOAA and/or any regulation issued under the Magnuson-Stevens Act, is subject to the civil and criminal penalty provisions and civil forfeiture provisions of the Magnuson-Stevens Act, to this section, to 15 CFR part 904 (Civil Procedures), and to other applicable law. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.740 Enforcement policy. (a) The Magnuson-Stevens Act provides four basic enforcement remedies for violations, in ascending order of severity, as follows: (1) Issuance of a citation (a type of warning), usually at the scene of the offense (see 15 CFR part 904, subpart E). (2) Assessment by the Administrator of a civil money penalty. (3) For certain violations, judicial forfeiture action against the vessel and its catch. (4) Criminal prosecution of the owner or operator for some offenses. It shall be the policy of NMFS to enforce vigorously and equitably the provisions of the Magnuson-Stevens Act by utilizing that form or combination of authorized remedies best suited in a particular case to this end. (b) Processing a case under one remedial form usually means that other remedies are inappropriate in that case. However, further investigation or later review may indicate the case to be either more or less serious than initially considered, or may otherwise reveal that the penalty first pursued is inadequate to serve the purposes of the Magnuson-Stevens Act. Under such circumstances, the Agency may pursue other remedies either in lieu of or in addition to the action originally taken. Forfeiture of the illegal catch does not fall within this general rule and is considered in most cases as only the initial step in remedying a violation by removing the ill-gotten gains of the offense. (c) If a fishing vessel for which a permit has been issued under the Magnuson-Stevens Act is used in the commission of an offense prohibited by section 307 of the Magnuson-Stevens Act, NOAA may impose permit sanctions, whether or not civil or criminal action has been undertaken against the vessel or its owner or operator. In some cases, the Magnuson-Stevens Act requires permit sanctions following the assessment of a civil penalty or the imposition of a criminal fine. In sum, the Magnuson-Stevens Act treats sanctions against the fishing vessel permit to be the carrying out of a purpose separate from that accomplished by civil and criminal penalties against the vessel or its owner or operator. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.745 Scientific research activity, exempted fishing, and exempted educational activity. (a) Scientific research activity. (b) Exempted fishing General. (2) Application. (i) The date of the application. (ii) The applicant's name, mailing address, and telephone number. (iii) A statement of the purposes and goals of the exempted fishery for which an EFP is needed, including justification for issuance of the EFP. (iv) For each vessel to be covered by the EFP, as soon as the information is available and before operations begin under the EFP: (A) A copy of the USCG documentation, state license, or registration of each vessel, or the information contained on the appropriate document. (B) The current name, address, and telephone number of the owner and master, if not included on the document provided for the vessel. (v) The species (target and incidental) expected to be harvested under the EFP, the amount(s) of such harvest necessary to conduct the exempted fishing, the arrangements for disposition of all regulated species harvested under the EFP, and any anticipated impacts on the environment, including impacts on fisheries, marine mammals, threatened or endangered species, and EFH. (vi) For each vessel covered by the EFP, the approximate time(s) and place(s) fishing will take place, and the type, size, and amount of gear to be used. (vii) The signature of the applicant. (viii) The Regional Administrator or Director, as appropriate, may request from an applicant additional information necessary to make the determinations required under this section. An incomplete application or an application for which the appropriate fee has not been paid will not be considered until corrected in writing and the fee paid. An applicant for an EFP need not be the owner or operator of the vessel(s) for which the EFP is requested. (3) Issuance. Federal Register Federal Register (A) The effect of the proposed EFP on the target and incidental species, including the effect on any TAC. (B) A citation of the regulation or regulations that, without the EFP, would prohibit the proposed activity. (C) Biological information relevant to the proposal, including appropriate statements of environmental impacts, including impacts on fisheries, marine mammals, threatened or endangered species, and EFH. (ii) If the application is complete and warrants additional consultation, the Regional Administrator or Director may consult with the appropriate Council(s) concerning the permit application during the period in which comments have been requested. The Council(s) or the Regional Administrator or Director shall notify the applicant in advance of any public meeting at which the application will be considered, and offer the applicant the opportunity to appear in support of the application. (iii) As soon as practicable after receiving a complete application, including all required analyses and consultations (e.g., NEPA, EFH, ESA and MMPA), and having received responses from the public, the agencies identified in paragraph (b)(3)(i) of this section, and/or after the consultation, if any, described in paragraph (b)(3)(ii) of this section, the Regional Administrator or Director shall issue the EFP or notify the applicant in writing of the decision to deny the EFP and the reasons for the denial. Grounds for denial of an EFP include, but are not limited to, the following: (A) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his or her application; or (B) According to the best scientific information available, the harvest to be conducted under the permit would detrimentally affect the well-being of the stock of any regulated species of fish, marine mammal, threatened or endangered species, or EFH; or (C) Issuance of the EFP would have economic allocation as its sole purpose (other than compensation fishing); or (D) Activities to be conducted under the EFP would be inconsistent with the intent of this section, the management objectives of the FMP, or other applicable law; or (E) The applicant has failed to demonstrate a valid justification for the permit; or (F) The activity proposed under the EFP could create a significant enforcement problem. (iv) The decision of a Regional Administrator or Director to grant or deny an EFP is the final action of NMFS. If the permit, as granted, is significantly different from the original application, or is denied, NMFS may publish notification in the Federal Register (v) The Regional Administrator or Director should attach, as applicable, terms and conditions to the EFP, consistent with the purpose of the exempted fishing and as otherwise necessary for the conservation and management of the fishery resources and the marine environment, including, but not limited to: (A) The maximum amount of each regulated species that can be harvested and landed during the term of the EFP, including trip limitations, where appropriate. (B) The number, size(s), name(s), and identification number(s) of the vessel(s) authorized to conduct fishing activities under the EFP. (C) A citation of the regulations from which the vessel is exempted. (D) The time(s) and place(s) where exempted fishing may be conducted. (E) The type, size, and amount of gear that may be used by each vessel operated under the EFP. (F) Whether observers, a vessel monitoring system, or other electronic equipment must be carried on board vessels operating under the EFP, and any necessary conditions, such as predeployment notification requirements. (G) Data reporting requirements necessary to document the activities, including catches and incidental catches, and to determine compliance with the terms and conditions of the EFP and established time frames and formats for submission of the data to NMFS. (H) Other conditions as may be necessary to assure compliance with the purposes of the EFP, consistent with the objectives of the FMP and other applicable law. (I) Provisions for public release of data obtained under the EFP that are consistent with NOAA confidentiality of statistics procedures at set out in subpart E. An applicant may be required to waive the right to confidentiality of information gathered while conducting exempted fishing as a condition of an EFP. (4) Acknowledging permit conditions. (i) Agrees to abide by all terms and conditions set forth in the permit, and all restrictions and relevant regulations; and (ii) Acknowledges that the authority to conduct certain activities specified in the permit is conditional and subject to authorization and revocation by the Regional Administrator or Director. (5) Duration. (6) Alteration. (7) Inspection. (8) Inspection. (9) Sanctions. (c) Reports. (2) Upon completion of the activities of the EFP, or periodically as required by the terms and conditions of the EFP, persons fishing under an EFP must submit a report of their catches and any other information required, to the appropriate Regional Administrator or Director, in the manner and within the time frame specified in the EFP, but no later than 6 months after concluding the exempted fishing activity. Persons conducting EFP activities are also requested to submit a copy of any publication prepared as a result of the EFP activity. (d) Exempted educational activities General. (2) Application. (i) The date of the application. (ii) The applicant's name, mailing address, and telephone number. (iii) A brief statement of the purposes and goals of the exempted educational activity for which authorization is requested, including a general description of the arrangements for disposition of all species collected. (iv) Evidence that the sponsoring institution is a valid educational institution, such as accreditation by a recognized national or international accreditation body. (v) The scope and duration of the activity. (vi) For each vessel to be covered by the authorization: (A) A copy of the U.S. Coast Guard documentation, state license, or registration of the vessel, or the information contained on the appropriate document. (B) The current name, address, and telephone number of the owner and master, if not included on the document provided for the vessel. (vii) The species and amounts expected to be caught during the exempted educational activity, and any anticipated impacts on the environment, including impacts on fisheries, marine mammals, threatened or endangered species, and EFH. (viii) For each vessel covered by the authorization, the approximate time(s) and place(s) fishing will take place, and the type, size, and amount of gear to be used. (ix) The signature of the applicant. (x) The Regional Administrator or Director may request from an applicant additional information necessary to make the determinations required under this section. An incomplete application will not be considered until corrected in writing. (3) Issuance. (ii) The Regional Administrator or Director should attach, as applicable, terms and conditions to the authorization, consistent with the purpose of the exempted educational activity and as otherwise necessary for the conservation and management of the fishery resources and the marine environment, including, but not limited to: (A) The maximum amount of each regulated species that may be harvested. (B) A citation of the regulations from which the vessel is being exempted. (C) The time(s) and place(s) where the exempted educational activity may be conducted. (D) The type, size, and amount of gear that may be used by each vessel operated under the authorization. (E) Data reporting requirements necessary to document the activities and to determine compliance with the terms and conditions of the exempted educational activity. (F) Such other conditions as may be necessary to assure compliance with the purposes of the authorization, consistent with the objectives of the FMP or regulations. (G) Provisions for public release of data obtained under the authorization, consistent with NOAA confidentiality of statistics procedures in subpart E. An applicant may be required to waive the right to confidentiality of information gathered while conducting exempted educational activities as a condition of the authorization. (iii) The authorization will specify the scope of the authorized activity and will include, at a minimum, the duration, vessel(s), persons, species, and gear involved in the activity, as well as any additional terms and conditions specified under paragraph (d)(3)(ii) of this section. (4) Duration. (5) Alteration. (6) Transfer. (7) Inspection. (e) Observers. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 74 FR 42794, Aug. 25, 2009; 80 FR 62500, Oct. 16, 2015] § 600.746 Observers. (a) Applicability. et seq. et seq. et seq. (b) Observer safety. (c) Vessel inadequate for observer deployment. (1) Does not comply with the applicable regulations regarding observer accommodations (see 50 CFR parts 229, 285, 300, 600, 622, 635, 648, 660, and 679), or (2) Has not passed a USCG Commercial Fishing Vessel Safety Examination, or for vessels less than 26 ft (8 m) in length, has not passed an alternate safety equipment examination, as described in paragraph (g) of this section. (d) Display or show proof. (1) In situations of mitigating circumstances, which may prevent a vessel from displaying a valid safety decal (broken window, etc.), NMFS, the observer, or NMFS' designated observer provider may accept the following associated documentation as proof of the missing safety decal described in paragraph (d) of this section: (i) A certificate of compliance issued pursuant to 46 CFR 28.710; (ii) A certificate of inspection pursuant to 46 U.S.C. 3311; or (iii) For vessels not required to obtain the documents identified in (d)(1)(i) and (d)(1)(ii) of this section, a dockside examination report form indicating the decal number and date and place of issue. (e) Visual inspection. (f) Vessel safety check. (1) Personal flotation devices/ immersion suits; (2) Ring buoys; (3) Distress signals; (4) Fire extinguishing equipment; (5) Emergency position indicating radio beacon (EPIRB), when required, shall be registered to the vessel at its documented homeport; (6) Survival craft, when required, with sufficient capacity to accommodate the total number of persons, including the observer(s), that will embark on the voyage; and (7) Other fishery-area and vessel specific items required by the USCG. (g) Alternate safety equipment examination. (h) Duration. (i) Effect of inadequate status. [63 FR 27217, May 18, 1998, as amended at 67 FR 64312, Oct. 18, 2002; 72 FR 61818, Nov. 1, 2007] § 600.747 Guidelines and procedures for determining new fisheries and gear. (a) General. (b) Guidelines. (1) The initial step in the determination of whether a fishing gear or fishery is sufficiently different to require notification is to compare the gear or fishery in question to the list of authorized fisheries and gear in § 600.725(v) and to the existing gear definitions in § 600.10. (2) If the gear in question falls within the bounds of a definition in § 600.10 for an allowable gear type within that fishery, as listed under § 600.725(v), then the gear is not considered different, is considered allowable gear, and does not require notification of the Council or Secretary 90 days before it can be used in that fishery. (3) If, for any reason, the gear is not consistent with a gear definition for a listed fishery as described in paragraph (b)(2) of this section, the gear is considered different and requires Council or Secretarial notification as described in paragraph (c) of this section 90 days before it can be used in that fishery. (4) If a fishery falls within the bounds of the list of authorized fisheries and gear in § 600.725(v) under the Council's or Secretary's authority, then the fishery is not considered different, is considered an allowable fishery and does not require notification of the Council or Director before that fishery can occur. (5) If a fishery is not already listed in the list of authorized fisheries and gear in § 600.725(v), then the fishery is considered different and requires notification as described in paragraph (c) of this section 90 days before it can occur. (c) Procedures. (1) Notification. (2) Notification procedures. (ii) The notification must include: (A) Name, address, and telephone number of the person submitting the notification. (B) Description of the gear. (C) The fishery or fisheries in which the gear is or will be used. (D) A diagram and/or photograph of the gear, as well as any specifications and dimensions necessary to define the gear. (E) The season(s) in which the gear will be fished. (F) The area(s) in which the gear will be fished. (G) The anticipated bycatch species associated with the gear, including protected species, such as marine mammals, sea turtles, sea birds, or species listed as endangered or threatened under the ESA. (H) How the gear will be deployed and fished, including the portions of the marine environment where the gear will be deployed (surface, midwater, and bottom). (iii) Failure to submit complete and accurate information will result in a delay in beginning the 90-day notification period. The 90-day notification period will not begin until the information received is determined to be accurate and complete. (3) Action upon receipt of notification Species other than Atlantic Highly Migratory Species. (B) If the Council finds that the use of an unlisted gear or participation in a new fishery would not compromise the effectiveness of conservation and management efforts, it shall: ( 1 ( 2 ( 3 (C) If the Council finds that the proposed gear or fishery will be detrimental to conservation and management efforts, it will recommend to the RA that the authorized list of fisheries and gear not be amended, that a proposed rule not be published, give reasons for its recommendation of a disapproval, and may request NMFS to publish emergency or interim regulations, and begin preparation of an FMP or amendment to an FMP, if appropriate. (D) After considering information in the notification and Council's recommendation, NMFS will decide whether to publish a proposed rule. If information on the new gear or fishery being considered indicates it is likely that it will compromise conservation and management efforts under the Magnuson-Stevens Act, and no additional new information is likely to be gained from a public comment period, then a proposed rule will not be published and NMFS will notify the appropriate Council. In such an instance, NMFS will publish emergency or interim regulations to prohibit or restrict use of the gear or participation in the fishery. If NMFS determines that the proposed amendment is not likely to compromise conservation and management efforts under the Magnuson-Stevens Act, NMFS will publish a proposed rule in the Federal Register (ii) Atlantic Highly Migratory Species. (B) Based on information in the notification and submitted by the Council, NMFS will make a determination whether the use of an unlisted gear or participation in an unlisted HMS fishery will compromise the effectiveness of conservation and management efforts under the Magnuson-Stevens Act. If it is determined that the proposed amendment will not compromise conservation and management efforts, NMFS will publish a proposed rule. (C) If NMFS finds that the proposed gear or fishery will be detrimental to conservation and management efforts in this initial stage of review, it will not publish a proposed rule and notify the applicant of the negative determination with the reasons therefor. (4) Final determination and publication of a final rule. (i) If approved, NMFS will publish a final rule in the Federal Register (ii) If disapproved, NMFS will withdraw the proposed rule, notify the applicant and the Council, if appropriate, of the disapproval; publish emergency or interim regulations, if necessary, to prohibit or restrict the use of gear or the participation in a fishery; and either notify the Council of the need to amend an FMP or prepare an amendment to an FMP in the case of Atlantic highly migratory species. [64 FR 4043, Jan. 27, 1999] § 600.748 National Minimum Observer Provider Insurance Standard. (a) Applicability. (b) Policies and Coverage Amounts. (2) Marine Employers Liability ($1 million any one occurrence or as provided under paragraph (d) of this section) for an observer provider that is authorized, or has applied to be authorized, to deploy observers or monitors at-sea. (3) State workers' compensation as required by each state in which the observer provider is authorized, or has applied to be authorized, to deploy observers or monitors at-sea or shoreside. (4) U.S. Longshore and Harbor Workers' Act coverage, either as a stand-alone policy or as a state workers' compensation policy endorsement, if that policy or a policy endorsement is required by the respective state(s) in which the observer provider is authorized, or has applied to be authorized, to deploy observers or monitors at-sea or shoreside. (5) Excess or umbrella coverage ($2 million any one occurrence). (c) Scope of coverages. (d) Combined coverage amounts. [87 FR 54909, Sept. 8, 2022] Subpart I—Fishery Negotiation Panels Source: 62 FR 23669, May 1, 1997, unless otherwise noted. § 600.750 Definitions. Consensus (1) Agrees to define such term to mean a general but not unanimous concurrence; or (2) agrees upon another specified definition. Fishery negotiation panel Interest Report [62 FR 23669, May 1, 1997, as amended at 63 FR 7075, Feb. 12, 1998] § 600.751 Determination of need for a fishery negotiation panel. A Council or NMFS may establish an FNP to assist in the development of specific fishery conservation and management measures. In determining whether to establish an FNP, NMFS or the Council, as appropriate, shall consider whether: (a) There is a need for specific fishery conservation and management measures. (b) There are a limited number of identifiable interests that will be significantly affected by the conservation and management measure. (c) There is a reasonable likelihood that an FNP can be convened with a balanced representation of persons who: (1) Can adequately represent the interests identified under paragraph (b) of this section. (2) Are willing to negotiate in good faith to reach a consensus on a report regarding the issues presented. (d) There is a reasonable likelihood that an FNP will reach a consensus on a report regarding the issues presented within 1 year from date of establishment of the FNP. (e) The use of an FNP will not unreasonably delay Council or NMFS fishery management plan development or rulemaking procedures. (f) The costs of establishment and operation of an FNP are reasonable when compared to fishery management plan development or rulemaking procedures that do not use FNP procedures. (g) The Council or NMFS has adequate resources and is willing to commit such resources, including technical assistance, to an FNP. (h) The use of an FNP is in the public interest. § 600.752 Use of conveners and facilitators. (a) Purposes of conveners. (2) Identifying persons who will be significantly affected by the issues presented in paragraph (a)(1) of this section. (b) Duties of conveners. (c) Selection of facilitator. (d) Roles and duties of facilitator. (1) Chair the meetings of the FNP in an impartial manner. (2) Impartially assist the members of the FNP in conducting discussions and negotiations. (3) Manage the keeping of minutes and records as required under section 10(b) and (c) of FACA. § 600.753 Notice of intent to establish a fishery negotiation panel. (a) Publication of notice. Federal Register (1) An announcement that the Council or NMFS intends to establish an FNP to negotiate and develop a report concerning specific conservation and management measures. (2) A description of the subject and scope of the conservation and management measure, and the issues to be considered. (3) A list of the interests that are likely to be significantly affected by the conservation and management measure. (4) A list of the persons proposed to represent such interests and the person or persons proposed to represent the Council or NMFS. (5) A proposed agenda and schedule for completing the work of the FNP. (6) A description of administrative support for the FNP to be provided by the Council or NMFS, including technical assistance. (7) A solicitation for comments on the proposal to establish the FNP, and the proposed membership of the FNP. (8) An explanation of how a person may apply or nominate another person for membership on the FNP, as provided under paragraph (b) of this section. (b) Nomination of members and public comment. (1) The name of the applicant or nominee and a description of the interests such person shall represent. (2) Evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent. (3) A written commitment that the applicant or nominee shall actively participate in good faith in the development of the conservation and management measure under consideration. (4) The reasons that the persons specified in the document under paragraph (a)(4) of this section do not adequately represent the interests of the person submitting the application or nomination. (c) Public comment. § 600.754 Decision to establish a fishery negotiation panel. (a) Determination to establish an FNP. (b) Determination not to establish FNP. Federal Register § 600.755 Establishment of a fishery negotiation panel. (a) General authority. (2) NMFS may establish an FNP to assist in the development of specific conservation and management measures required for: (i) A fishery for which the Secretary has authority under section 304(e)(5) of the Magnuson-Stevens Act, regarding rebuilding of overfished fisheries; (ii) A fishery for which the Secretary has authority under 16 U.S.C. section 304(g), regarding highly migratory species; or (iii) Any fishery with the approval of the appropriate Council. (b) Federal Advisory Committee Act (FACA) (c) Balance. (d) Membership. § 600.756 Conduct and operation of a fishery negotiation panel. (a) Roles and duties of an FNP. (b) Roles and duties of representative of the council or NMFS. § 600.757 Operational protocols. (a) Services of conveners and facilitators. (b) Councils. (c) Expenses of FNP members. (1) Such member certifies a lack of adequate financial resources to participate in the FNP. (2) The Council or NMFS determines that such member's participation in the FNP is necessary to assure an adequate representation of the member's interest. (d) Administrative support. § 600.758 Preparation of report. (a) At the conclusion of the negotiations, an FNP may submit a report. Such report shall specify: (1) All the areas where consensus was reached by the FNP, including, if appropriate, proposed conservation and management measures. (2) Any other information submitted by members of the FNP. (b) Upon receipt of the report, the Council or NMFS shall publish such report in the Federal Register § 600.759 Use of report. A Council or NMFS may, at its discretion, use all or a part of a report prepared in accordance with § 600.758 in the development of conservation and management measures. Neither a Council nor NMFS, whichever is appropriate, is required to use such report. § 600.760 Fishery Negotiation Panel lifetime. (a) An FNP shall terminate upon either: (1) Submission of a report prepared in accordance with § 600.758; or (2) Submission of a written statement from the FNP to the Council or NMFS that no consensus can be reached. (b) In no event shall an FNP exist for longer than 1 year from the date of establishment unless granted an extension. Upon written request by the FNP to the Council or NMFS, and written authorization from the Council or NMFS (whichever is appropriate), the Secretary may authorize an extension for a period not to exceed 6 months. No more than one extension may be granted per FNP. Subpart J—Essential Fish Habitat (EFH) Source: 67 FR 2376, Jan. 17, 2002, unless otherwise noted. § 600.805 Purpose and scope. (a) Purpose. (b) Scope Species covered. (2) Geographic. § 600.810 Definitions and word usage. (a) Definitions. Adverse effect Council Ecosystem Habitat areas of particular concern Healthy ecosystem Overfished (b) Word usage. § 600.815 Contents of Fishery Management Plans. (a) Mandatory contents Description and identification of EFH Overview. (ii) Habitat information by life stage. (B) Councils should obtain information to describe and identify EFH from the best available sources, including peer-reviewed literature, unpublished scientific reports, data files of government resource agencies, fisheries landing reports, and other sources of information. Councils should consider different types of information according to its scientific rigor. FMPs should identify species-specific habitat data gaps and deficits in data quality (including considerations of scale and resolution; relevance; and potential biases in collection and interpretation). FMPs must demonstrate that the best scientific information available was used in the description and identification of EFH, consistent with national standard 2. (iii) Analysis of habitat information. ( 1 Level 1: Distribution data are available for some or all portions of the geographic range of the species. ( 2 Level 2: Habitat-related densities of the species are available. ( 3 Level 3: Growth, reproduction, or survival rates within habitats are available. ( 4 Level 4: Production rates by habitat are available. (B) Councils should strive to describe habitat based on the highest level of detail (i.e., Level 4). If there is no information on a given species or life stage, and habitat usage cannot be inferred from other means, such as information on a similar species or another life stage, EFH should not be designated. (iv) EFH determination. (B) FMPs must describe EFH in text, including reference to the geographic location or extent of EFH using boundaries such as longitude and latitude, isotherms, isobaths, political boundaries, and major landmarks. If there are differences between the descriptions of EFH in text, maps, and tables, the textual description is ultimately determinative of the limits of EFH. Text and tables should explain pertinent physical, chemical, and biological characteristics of EFH for the managed species and explain any variability in habitat usage patterns, but the boundaries of EFH should be static. (C) If a species is overfished and habitat loss or degradation may be contributing to the species being identified as overfished, all habitats currently used by the species may be considered essential in addition to certain historic habitats that are necessary to support rebuilding the fishery and for which restoration is technologically and economically feasible. Once the fishery is no longer considered overfished, the EFH identification should be reviewed and amended, if appropriate. (D) Areas described as EFH will normally be greater than or equal to aquatic areas that have been identified as “critical habitat” for any managed species listed as threatened or endangered under the Endangered Species Act. (E) Ecological relationships among species and between the species and their habitat require, where possible, that an ecosystem approach be used in determining the EFH of a managed species. EFH must be designated for each managed species, but, where appropriate, may be designated for assemblages of species or life stages that have similar habitat needs and requirements. If grouping species or using species assemblages for the purpose of designating EFH, FMPs must include a justification and scientific rationale. The extent of the EFH should be based on the judgment of the Secretary and the appropriate Council(s) regarding the quantity and quality of habitat that are necessary to maintain a sustainable fishery and the managed species' contribution to a healthy ecosystem. (F) If degraded or inaccessible aquatic habitat has contributed to reduced yields of a species or assemblage and if, in the judgment of the Secretary and the appropriate Council(s), the degraded conditions can be reversed through such actions as improved fish passage techniques (for stream or river blockages), improved water quality measures (removal of contaminants or increasing flows), and similar measures that are technologically and economically feasible, EFH should include those habitats that would be necessary to the species to obtain increased yields. (v) EFH mapping requirements. (B) Where the present distribution or stock size of a species or life stage is different from the historical distribution or stock size, then maps of historical habitat boundaries should be included in the FMP, if known. (C) FMPs should include maps of any habitat areas of particular concern identified under paragraph (a)(8) of this section. (2) Fishing activities that may adversely affect EFH Evaluation. (ii) Minimizing adverse effects. (iii) Practicability. (iv) Options for managing adverse effects from fishing. Fishery management options may include, but are not limited to: (A) Fishing equipment restrictions. (B) Time/area closures. (C) Harvest limits. (3) Non-Magnuson-Stevens Act fishing activities that may adversely affect EFH. (4) Non-fishing related activities that may adversely affect EFH. (5) Cumulative impacts analysis. (6) Conservation and enhancement. (7) Prey species. (8) Identification of habitat areas of particular concern. (i) The importance of the ecological function provided by the habitat. (ii) The extent to which the habitat is sensitive to human-induced environmental degradation. (iii) Whether, and to what extent, development activities are, or will be, stressing the habitat type. (iv) The rarity of the habitat type. (9) Research and information needs. (10) Review and revision of EFH components of FMPs. (b) Development of EFH recommendations for Councils. (c) Relationship to other fishery management authorities. Subpart K—EFH Coordination, Consultation, and Recommendations Source: 67 FR 2376, Jan. 17, 2002, unless otherwise noted. § 600.905 Purpose, scope, and NMFS/Council cooperation. (a) Purpose. (b) Scope. (c) Cooperation between Councils and NMFS. § 600.910 Definitions and word usage. (a) Definitions. Adverse effect Anadromous fishery resource under Council authority Federal action Habitat areas of particular concern State action (b) Word usage. § 600.915 Coordination for the conservation and enhancement of EFH. To further the conservation and enhancement of EFH in accordance with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile and make available to other Federal and state agencies, and the general public, information on the locations of EFH, including maps and/or narrative descriptions. NMFS will also provide information on ways to improve ongoing Federal operations to promote the conservation and enhancement of EFH. Federal and state agencies empowered to authorize, fund, or undertake actions that may adversely affect EFH are encouraged to contact NMFS and the Councils to become familiar with areas designated as EFH, potential threats to EFH, and opportunities to promote the conservation and enhancement of EFH. § 600.920 Federal agency consultation with the Secretary. (a) Consultation generally Actions requiring consultation. (2) Approaches for conducting consultation. (3) Early notification and coordination. (b) Designation of lead agency. (c) Designation of non-Federal representative. (d) Best available information. (e) EFH Assessments Preparation requirement. (2) Level of detail. (3) Mandatory contents. (i) A description of the action. (ii) An analysis of the potential adverse effects of the action on EFH and the managed species. (iii) The Federal agency's conclusions regarding the effects of the action on EFH. (iv) Proposed mitigation, if applicable. (4) Additional information. (i) The results of an on-site inspection to evaluate the habitat and the site-specific effects of the project. (ii) The views of recognized experts on the habitat or species that may be affected. (iii) A review of pertinent literature and related information. (iv) An analysis of alternatives to the action. Such analysis should include alternatives that could avoid or minimize adverse effects on EFH. (v) Other relevant information. (5) Incorporation by reference. (f) Use of existing environmental review procedures Purpose and criteria. (i) The existing process must provide NMFS with timely notification of actions that may adversely affect EFH. The Federal agency should notify NMFS according to the same timeframes for notification (or for public comment) as in the existing process. Whenever possible, NMFS should have at least 60 days notice prior to a final decision on an action, or at least 90 days if the action would result in substantial adverse impacts. NMFS and the action agency may agree to use shorter timeframes provided that they allow sufficient time for NMFS to develop EFH Conservation Recommendations. (ii) Notification must include an assessment of the impacts of the action on EFH that meets the requirements for EFH Assessments contained in paragraph (e) of this section. If the EFH Assessment is contained in another document, the Federal agency must identify that section of the document as the EFH Assessment. (iii) NMFS must have made a finding pursuant to paragraph (f)(3) of this section that the existing process can be used to satisfy the requirements of sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens Act. (2) NMFS response to Federal agency. (3) NMFS finding. (g) General Concurrence Purpose. (2) Criteria. (A) The actions must be similar in nature and similar in their impact on EFH. (B) The actions must not cause greater than minimal adverse effects on EFH when implemented individually. (C) The actions must not cause greater than minimal cumulative adverse effects on EFH. (ii) Actions qualifying for General Concurrence must be tracked to ensure that their cumulative effects are no more than minimal. In most cases, tracking actions covered by a General Concurrence will be the responsibility of the Federal agency. However, NMFS may agree to track such actions. Tracking should include numbers of actions and the amount and type of habitat adversely affected, and should specify the baseline against which the actions will be tracked. The agency responsible for tracking such actions should make the information available to NMFS, the applicable Council(s), and to the public on an annual basis. (iii) Categories of Federal actions may also qualify for General Concurrence if they are modified by appropriate conditions that ensure the actions will meet the criteria in paragraph (g)(2)(i) of this section. For example, NMFS may provide General Concurrence for additional actions contingent upon project size limitations, seasonal restrictions, or other conditions. (iv) If a General Concurrence is proposed for actions that may adversely affect habitat areas of particular concern, the General Concurrence should be subject to a higher level of scrutiny than a General Concurrence not involving a habitat area of particular concern. (3) General Concurrence development. (4) Further consultation. (5) Notification. (6) Revisions. (h) Abbreviated consultation procedures Purpose and criteria. (2) Notification by agency and submittal of EFH Assessment. (3) NMFS response to Federal agency. (4) Timing. (i) Expanded consultation procedures Purpose and criteria. (2) Notification by agency and submittal of EFH Assessment. (3) NMFS response to Federal agency. (i) Review the EFH Assessment, any additional information furnished by the Federal agency, and other relevant information. (ii) Conduct a site visit, if appropriate, to assess the quality of the habitat and to clarify the impacts of the Federal agency action. Such a site visit should be coordinated with the Federal agency and appropriate Council(s), if feasible. (iii) Coordinate its review of the action with the appropriate Council(s). (iv) Discuss EFH Conservation Recommendations with the Federal agency and provide such recommendations to the Federal agency, pursuant to section 305(b)(4)(A) of the Magnuson-Stevens Act. (4) Timing. (5) Extension of consultation. (j) Programmatic consultation Purpose. (2) Process. (3) NMFS response to Federal agency. (k) Responsibilities of Federal agency following receipt of EFH Conservation Recommendations Federal agency response. (2) Further review of decisions inconsistent with NMFS or Council recommendations. (l) Supplemental consultation. § 600.925 NMFS EFH Conservation Recommendations to Federal and state agencies. (a) General. (b) Recommendations to Federal agencies. (c) Recommendations to state agencies Establishment of procedures. (2) Coordination with states on recommendations to Federal agencies. (d) Coordination with Councils. § 600.930 Council comments and recommendations to Federal and state agencies. Under section 305(b)(3) of the Magnuson-Stevens Act, Councils may comment on and make recommendations to the Secretary and any Federal or state agency concerning any activity or proposed activity authorized, funded, or undertaken by the agency that, in the view of the Council, may affect the habitat, including EFH, of a fishery resource under its authority. Councils must provide such comments and recommendations concerning any activity that, in the view of the Council, is likely to substantially affect the habitat, including EFH, of an anadromous fishery resource under Council authority. (a) Establishment of procedures. (b) Early involvement. Subpart L—Fishing Capacity Reduction Framework Authority: 16 U.S.C. 1861a(b)-(e). Source: 65 FR 31443, May 18, 2000, unless otherwise noted. § 600.1000 Definitions. In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and in § 600.10 of this title, the terms used in this subpart have the following meanings: Address of Record Bid Borrower Business plan Business week Controlling fishery management plan or program (CFMP) Delivery value (1) For unprocessed fish, all compensation that a fish buyer pays to a fish seller in exchange for fee fish; and (2) For processed fish, all compensation that a fish buyer would have paid to a fish seller in exchange for fee fish if the fee fish had been unprocessed fish instead of processed fish. Delivery value encompasses fair market value, as defined herein, and includes the value of all in-kind compensation or all other goods or services exchanged in lieu of cash. It is synonymous with the statutory term “ex-vessel value” as used in section 312 of the Magnuson Act. Deposit principal Fair market value Fee Fee fish Final development plan Financed Fish buyer (1) In an arm's—length transaction, purchases fee fish from a fish seller; (2) Takes fish on consignment from a fish seller; or (3) Otherwise receives fish from a fish seller in a non arm's-length transaction. Fish delivery Fishing capacity reduction specifications Fish seller Fishery Management Plan (FMP) Fund Implementation plan Implementation regulations Net delivery value Post-bidding referendum Post-reduction Pre-bidding referendum Preliminary development plan Processed fish Program Reduction Reduction amendment Reduction amendment specifications Reduction contract Reduction cost Reduction fishery Reduction loan Reduction payment Reduction permit Reduction vessel Referendum Request Requester Scrap Subsidized Treasury percentage Unprocessed fish Vote [65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010] § 600.1001 Requests. (a) A Council, the Governor of a State under whose authority a proposed reduction fishery is subject, or a majority of permit holders in the fishery may request that NMFS conduct a program in that fishery. Each request shall be in writing. Each request shall satisfy the requirements of § 600.1003 or § 600.1005, as applicable, and enable NMFS to make the determinations required by § 600.1004 or § 600.1006, as applicable. (b) NMFS cannot conduct a program in any fishery subject to the jurisdiction of a Council or a state unless NMFS first receives a request from the Council or the governor to whose jurisdiction the fishery is subject. (c) For a fishery subject to the jurisdiction of a Council, only that Council can or must make the request. If the fishery is subject to the jurisdiction of two or more Councils, those Councils must make a joint request. No Council may make a request, or join in making a request, until after the Council conducts a public hearing about the request. (d) For a fishery subject to the jurisdiction of a State, only the Governor of that State can make the request. If the fishery is subject to the jurisdiction of two or more states, the Governors of those States shall make a joint request. No Governor of a State may make a request, or join in making a request, until the State conducts a public hearing about the request. (e) For a fishery under the direct management authority of the Secretary, NMFS may conduct a program on NMFS' own motion by fulfilling the requirements of this subpart that reasonably apply to a program not initiated by a request. (f) Where necessary to accommodate special circumstances in a particular fishery, NMFS may waive, as NMFS deems necessary and appropriate, compliance with any specific requirements under this subpart not required by statute. [65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010] § 600.1002 General requirements. (a) Each program must be: (1) Necessary to prevent or end overfishing, rebuild stocks of fish, or achieve measurable and significant improvements in the conservation and management of the reduction fishery; (2) Accompanied by the appropriate environmental, economic and/or socioeconomic analyses, in accordance with applicable statutes, regulations, or other authorities; and (3) Consistent with the CFMP, including any reduction amendment, for the reduction fishery. (b) Each CFMP for a reduction fishery must: (1) Prevent the replacement of fishing capacity removed by the program through a moratorium on new entrants, restrictions on vessel upgrades, and other effort control measures, taking into account the full potential fishing capacity of the fleet; (2) Establish a specified or target total allowable catch or other measures that trigger closure of the fishery or adjustments to reduce catch; and (3) Include, for a financed program in a reduction fishery involving only a portion of a fishery, appropriate provisions for the post-reduction allocation of fish between the reduction fishery and the rest of the fishery that both protect the borrower's reduction investment in the program and support the borrower's ability to repay the reduction loan. (c) The Secretary may not make a fishing capacity reduction program payment with respect to a reduction vessel that will not be scrapped unless the Secretary certifies that the vessel will not be used for fishing in the waters of the U.S., a foreign nation, or on the high seas. [65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010] § 600.1003 Content of a request for a financed program. A request for a financed program shall: (a) Specify the reduction fishery. (b) Project the amount of the reduction and specify what a reduction of that amount achieves in the reduction fishery. (c) Specify whether the program is to be wholly or partially financed and, if the latter, specify the amount and describe the availability of all funding from sources other than a reduction loan. (d) Project the availability of all Federal appropriation authority or other funding, if any, that the financed program requires, including the time at which funding from each source will be available and how that relates to the time at which elements of the reduction process are projected to occur. (e) Demonstrate how the program meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(a). (f) Demonstrate how the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b). (g) If a reduction amendment is necessary, include an actual reduction amendment or the requester's endorsement in principle of the reduction amendment specifications in the business plan. Endorsement in principle is non-binding. (h) Request that NMFS conduct, at the appropriate time, a referendum under § 600.1010 of this subpart. (i) List the names and addresses of record of all fishing permit or fishing vessel owners who are currently authorized to harvest fish from the reduction fishery, excluding those whose authority is limited to incidentally harvesting fish from the reduction fishery during directed fishing for fish not in the reduction fishery. The list shall be based on the best information available to the requester. The list shall take into account any limitation by type of fishing gear operated, size of fishing vessel operated, geographic area of operation, or other factor that the proposed program involves. The list may include any relevant information that NMFS may supply to the requester. (j) Specify the aggregate total allowable catch in the reduction fishery during each of the preceding 5 years and the aggregate portion of such catch harvested by the parties listed under paragraph (i) of this section. (k) Specify the criteria for determining the types and number of fishing permits or fishing permits and fishing vessels that are eligible for reduction under the program. The criteria shall take into account: (1) The characteristics of the fishery; (2) Whether the program is limited to a particular gear type within the reduction fishery or is otherwise limited by size of fishing vessel operated, geographic area of operation, or other factor; (3) Whether the program is limited to fishing permits or involves both fishing permits and fishing vessels; (4) The reduction amendment required; (5) The needs of fishing communities; (6) Minimizing the program's reduction cost; and (7) All other relevant factors. (l) Include the requester's assessment of the program's potential impact on fisheries other than the reduction fishery, including an evaluation of the likely increase in participation or effort in such other fisheries, the general economic impact on such other fisheries, and recommendations that could mitigate, or enable such other fisheries to mitigate, any undesirable impacts. (m) Include any other information or guidance that would assist NMFS in developing an implementation plan and implementation regulations. (n) Include a business plan, prepared by, or on behalf of, knowledgeable and concerned harvesters in the reduction fishery, that: (1) Specifies a detailed reduction methodology that accomplishes the maximum sustained reduction in the reduction fishery's fishing capacity at the least reduction cost and in the minimum period of time, and otherwise achieves the program result that the requester specifies under paragraph (b) of this section. The methodology shall: (i) Establish the appropriate point for NMFS to conduct a pre-bidding referendum and be sufficiently detailed to enable NMFS to readily: (A) Design, propose, and adopt a timely and reliable implementation plan, (B) Propose and issue timely and reliable implementation regulations, (C) Invite bids, (D) Accept or reject bids, and (E) Complete a program in accordance with this subpart, and (ii) Address, consistently with this subpart: (A) The contents and terms of invitations to bid, (B) Bidder eligibility, (C) The type of information that bidders shall supply, (D) The criteria for accepting or rejecting bids, (E) The terms of bid acceptances, (F) Any referendum procedures in addition to, but consistent with, those in § 600.1010, and (G) All other technical matters necessary to conduct a program; (2) Projects and supports the reduction fishery's annual delivery value during the reduction loan's repayment period based on documented analysis of actual representative experience for a reasonable number of past years in the reduction fishery; (3) Includes the fishing capacity reduction specifications upon which both the pre-bidding referendum and the bidding under § 600.1009 will be based. The reduction loan's maximum principal amount cannot, at the interest rate projected to prevail at the time of reduction, exceed the principal amount that can be amortized in 20 years by 5 percent of the projected delivery value; (4) States the reduction loan's repayment term and the fee rate, or range of fee rates, prospectively necessary to amortize the reduction loan over its repayment term; (5) Analyzes and demonstrates the ability to repay the reduction loan at the minimum reduction level and at various reduction-level increments reasonably greater than the minimum one, based on the: (i) Best and most representative historical fishing revenue and expense data and any other relevant productivity measures available in the reduction fishery, and (ii) Projected effect of the program on the post-reduction operating economics of typical harvesters in the reduction fishery, with particular emphasis on the extent to which the reduction increases the ratio of delivery value to fixed cost and improves harvesting's other relevant productivity measures; (6) Demonstrates how the business plan's proposed program meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(a); (7) Demonstrates how the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b); (8) Includes, if a reduction amendment is necessary, the reduction amendment specifications upon which the pre-bidding referendum will be based; (9) Includes an assessment of the program's potential impact on fisheries other than the reduction fishery, including an evaluation of the likely increase in participation or effort in such other fisheries, the general economic impact on such other fisheries, and recommendations that could mitigate, or enable such other fisheries to mitigate, any undesirable impacts; (10) Specifies the names and addresses of record of all fish buyers who can, after reduction, reasonably be expected to receive deliveries of fee fish. This shall be based on the best information available, including any information that NMFS may be able to supply to the business planners; (11) Specifies, after full consultation with fish buyers, any special circumstances in the reduction fishery that may require the implementing regulations to contain provisions in addition to, or different from, those contained in § 600.1013 and/or § 600.1014 in order to accommodate the circumstances of, and practices in, the reduction fishery while still fulfilling the intent and purpose of § 600.1013 and/or § 600.1014—including, but not limited to: (i) In the case of reduction fisheries in which state data confidentiality laws or other impediments may negatively affect the efficient and effective conduct of the same, specification of who needs to take what action to resolve any such impediments, and (ii) In the case of reduction fisheries in which some fish sellers sell unprocessed, and other fish sellers sell processed fish to fish buyers, specification of an accurate and efficient method of establishing the delivery value of processed fish; and (12) Demonstrates by a survey of potential voters, or by any other convincing means, a substantial degree of potential voter support for the business plan and confidence in its feasibility. (o) Include the requester's statement of belief that the business plan, the CFMP, the reduction amendment specifications, and all other request aspects constitute a complete, realistic, and practical prospect for successfully completing a program in accordance with this subpart. § 600.1004 Accepting a request for, and determinations about initiating, a financed program. (a) Accepting a request. Federal Register Federal Register. (b) Determination about initiating a financed program. Federal Register (1) The program meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(a); (2) The CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b); (3) The program, if successfully implemented, is cost effective; (4) The reduction requested constitutes a realistic and practical prospect for successfully completing a program in accordance with this subpart and the borrower is capable of repaying the reduction loan. This includes enabling NMFS to readily design, propose, and adopt a timely and reliable implementation plan as well as propose and issue timely and reliable implementation regulations and otherwise complete the program in accordance with this subpart; and (5) The program accords with all other applicable law. § 600.1005 Content of a request for a subsidized program. A request for a subsidized program shall: (a) Specify the reduction fishery. (b) Project the amount of the reduction and specify what a reduction of that amount achieves in the reduction fishery. (c) Project the reduction cost, the amount of reduction cost to be funded by Federal appropriations, and the amount, if any, to be funded by other sources. (d) Project the availability of Federal appropriations or other funding, if any, that completion of the program requires, including the time at which funding from each source will be available and how that relates to the time at which elements of the reduction process are projected to occur. (e) List the names and addresses of record of all fishing permit or fishing vessel owners who are currently authorized to harvest fish from the reduction fishery, excluding those whose authority is limited to incidentally harvesting fish from the reduction fishery during directed fishing for fish not in the reduction fishery. The list shall be based on the best information available to the requester, including any information that NMFS may supply to the requester, and take into account any limitation by type of fishing gear operated, size of fishing vessel operated, geographic area of operation, or other factor that the proposed program involves. (f) Specify the aggregate total allowable catch in the reduction fishery during each of the preceding 5 years and the aggregate portion of such catch harvested by the parties listed under paragraph (e) of this section. (g) Include a preliminary development plan that: (1) Specifies a detailed reduction methodology that accomplishes the maximum sustained reduction in the reduction fishery's fishing capacity at the least cost and in a minimum period of time, and otherwise achieves the program result that the requester specifies under paragraph (b) of this section. The methodology shall: (i) Be sufficiently detailed to enable NMFS to prepare a final development plan to serve as the basis for NMFS to readily design, propose, and adopt a timely and reliable implementation plan and propose and issue timely and reliable implementation regulations, and (ii) Include: (A) The contents and terms of invitations to bid, (B) Eligible bidders, (C) The type of information that bidders shall supply, (D) The criteria for accepting or rejecting bids, and (E) The terms of bid acceptances; (2) Specifies the criteria for determining the types and numbers of fishing permits or fishing permits and fishing vessels that are eligible for reduction under the program. The criteria shall take into account: (i) The characteristics of the fishery, (ii) Whether the program is limited to a particular gear type within the reduction fishery, or is otherwise limited by size of fishing vessel operated, geographic area of operation, or other factor, (iii) Whether the program is limited to fishing permits or involves both fishing permits and fishing vessels, (iv) The reduction amendment required, (v) The needs of fishing communities, and (vi) The need to minimize the program's reduction cost; and (3) Demonstrates the program's cost effectiveness. (h) Demonstrate how the program meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(a). (i) Demonstrate how the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b)(1) and (2). (j) Specify any other information or guidance that assists NMFS in preparing a final development plan and a proposed implementation plan and proposed implementation regulations. (k) Include the requester's statement of belief that the program constitutes a reasonably realistic and practical prospect for successfully completing a program in accordance with this subpart. § 600.1006 Accepting a request for, and determinations about conducting, a subsidized program. (a) Accepting a request. Federal Register (b) Final development plan. (c) Reaffirmation of the request. (2) Certify that the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b)(1) and (2); and (3) Project the date on which the requester will forward any necessary reduction amendment and, if the requester is a Council, proposed regulations to implement the reduction amendment. The requester shall base any necessary reduction amendment on the final development plan. (d) Determinations about conducting a subsidized program. (1) The program meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(a); (2) The CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b)(1) and (2); and (3) The program is reasonably capable of being successfully implemented; (4) The program, if successfully implemented, will be cost effective; and (5) The program is in accord with all other applicable provisions of the Magnuson-Stevens Act and this subpart. § 600.1007 Reduction amendments. (a) Each reduction amendment may contain provisions that are either dependent upon or independent of a program. Each provision of a reduction amendment is a dependent provision unless the amendment expressly designates the provision as independent. (b) Independent provisions are effective without regard to any subsequent program actions. (c) Dependent provisions are initially effective for the sole limited purpose of enabling initiation and completion of the pre-reduction processing stage of a program. (d) All dependent provisions of a reduction amendment for a financed program are fully in force and effect for all other purposes only when NMFS either: (1) For bidding results that conform to the fishing capacity reduction specifications and are not subject to any other condition, notifies bidders, under § 600.1009(e)(3), that reduction contracts then exist between the bidders and the United States; or (2) For bidding results that do not conform to the fishing capacity reduction specifications or are subject to any other condition, notifies bidders whose bids NMFS had conditionally accepted, under § 600.1010 (d)(8)(iii), that the condition pertaining to the reduction contracts between them and the United States is fulfilled. (e) If NMFS does not, in accordance with this subpart and any special provisions in the implementation regulations, subsequently make all reduction payments that circumstances, in NMFS' judgment, reasonably permit NMFS to make and, thus, complete a program, no dependent provisions shall then have any further force or effect for any purpose and all final regulations involving such dependent provisions shall then be repealed. § 600.1008 Implementation plan and implementation regulations. (a) As soon as practicable after deciding to initiate a program, NMFS will prepare and publish, for a 60-day public comment period, a proposed implementation plan and implementation regulations. During the public comment period, NMFS will conduct a public hearing of the proposed implementation plan and implementation regulations in each state that the program affects. (b) To the greatest extent practicable, NMFS will base the implementation plan and implementation regulations for a financed program on the business plan. The implementation plan for a financed program will describe in detail all relevant aspects of implementing the program, including: (1) The reduction fishery; (2) The reduction methodology; (3) The maximum reduction cost; (4) The maximum reduction loan amount, if different from the maximum reduction cost; (5) The reduction cost funding, if any, other than a reduction loan; (6) The minimum acceptable reduction level; (7) The potential amount of the fee; (8) The criteria for determining the types and number of fishing permits or fishing permits and fishing vessels eligible to participate in the program; (9) The invitation to bid and bidding procedures; (10) The criteria for determining bid acceptance; (11) The referendum procedures; and (12) Any relevant post-referendum reduction procedures other than those in the implementation regulations or this subpart. (c) NMFS will base each implementation plan and implementation regulations for a subsidized program on the final development plan. The implementation plan will describe in detail all relevant aspects of implementing the program, including: (1) The reduction fishery; (2) The reduction methodology; (3) The maximum reduction cost; (4) The reduction-cost funding, if any, other than Federal appropriations; (5) The criteria for determining the types and number of fishing permits or fishing permits and fishing vessels eligible to participate in the program; (6) The invitation to bid and bidding procedures; (7) The criteria for determining bid acceptance; and (8) Any relevant post-bidding program procedures other than those in the implementation regulations or this subpart. (d) The implementation regulations will: (1) Specify, for invitations to bid, bids, and reduction contracts under § 600.1009: (i) Bidder eligibility, (ii) Bid submission requirements and procedures, (iii) A bid opening date, before which a bidder may not bid, and a bid closing date, after which a bidder may not bid, (iv) A bid expiration date after which the irrevocable offer contained in each bid expires unless NMFS, before that date, accepts the bid by mailing a written acceptance notice to the bidder at the bidder's address of record, (v) The manner of bid submission and the information each bidder shall supply for NMFS to deem a bid responsive, (vi) The conditions under which NMFS will accept or reject a bid, (vii) The manner in which NMFS will accept or reject a bid, and (viii) The manner in which NMFS will notify each bidder of bid acceptance or rejection; (2) Specify any other special referendum procedures or criteria; and (3) Specify such other provisions, in addition to and consistent with those in this subpart, necessary to regulate the individual terms and conditions of each program and reduction loan. This includes, but is not limited to: (i) Provisions for the payment of costs and penalties for non-payment, non-collection, non-deposit, and/or non-disbursement of the fee in accordance with § 600.1013 and § 600.1014, (ii) Prospective fee rate determinations, and (iii) Any other aspect of fee payment, collection, deposit, disbursement, accounting, record keeping, and/or reporting. (e) NMFS will issue final implementation regulations and adopt a final implementation plan within 45 days of the close of the public-comment period. (f) NMFS may repeal the final implementation regulations for any program if: (1) For a financed program, the bidding results do not conform to the fishing capacity reduction specifications or a post-bidding referendum does not subsequently approve an industry fee system based on the bidding results; (2) For a subsidized program, NMFS does not accept bids; and (3) For either a financed program or a subsidized program, if NMFS is unable to make all reduction payments due to a material adverse change. § 600.1009 Bids. (a) Each invitation to bid, bid, bid acceptance, reduction contract, and bidder—or any other party in any way affected by any of the foregoing—under this subpart is subject to the terms and conditions in this section: (1) Each invitation to bid constitutes the entire terms and conditions of a reduction contract under which: (i) Each bidder makes an irrevocable offer to the United States of fishing capacity for reduction, and (ii) NMFS accepts or rejects, on behalf of the United States, each bidder's offer; (2) NMFS may, at any time before the bid expiration date, accept or reject any or all bids; (3) For a financed program in which bidding results do not conform to the fishing capacity reduction specifications, NMFS' acceptance of any bid is subject to the condition that the industry fee system necessary to repay the reduction loan is subsequently approved by a successful post-bidding referendum conducted under § 600.1010. Approval or disapproval of the industry fee system by post-bidding referendum is an event that neither the United States nor the bidders can control. Disapproval of the industry fee system by an unsuccessful post-bidding referendum fully excuses both parties from any performance and fully discharges all duties under any reduction contract; (4) For a financed program in one reduction fishery that is being conducted under appropriate implementation regulations simultaneously with another financed program in another reduction fishery, where the acceptance of bids for each financed program is conditional upon successful post-bidding referenda approving industry fee systems for both financed programs, NMFS' acceptance of all bids is, in addition to any condition under paragraph (a)(3) of this section, also subject to the additional conditions that both referenda approve the industry fee systems required for both financed programs—all as otherwise provided in paragraph (a)(3) of this section; (5) Upon NMFS' acceptance of the bid and tender of a reduction payment, the bidder consents to: (i) The revocation, by NMFS, of any reduction permit, and (ii) Where the program also involves the withdrawal of reduction vessels from fishing: (A) Title restrictions imposed by the U.S. Coast Guard on any reduction vessel that is Federally documented to forever prohibit and effectively prevent any future use of the reduction vessel for fishing: ( 1 ( 2 ( 3 (B) Scrapping of all reduction vessels involved in a fishing capacity reduction program, unless the reduction program vessel has been certified by the Secretary, and the requirements established under § 600.1002(c) are met. Where reduction vessel scrapping is involved and the reduction vessel's owner does not comply with the owner's obligation under the reduction contract to scrap the reduction vessel, the Secretary may take such measures as necessary to cause the reduction vessel's prompt scrapping. The scrapping will be at the reduction vessel owner's risk and expense. Upon completion of scrapping, NMFS will take such action as may be necessary to recover from the reduction vessel owner any cost, damages, or other expense NMFS incurred in the scrapping of the reduction vessel. (6) Money damages not being an adequate remedy for a bidder's breach of a reduction contract, the United States is, in all particulars, entitled to specific performance of each reduction contract. This includes, but is not limited to, the scrapping of a reduction vessel; (7) Any reduction payment is available, upon timely and adequately documented notice to NMFS, to satisfy liens, as allowed by law, against any reduction permit/and or reduction vessel; provided, however, that: (i) No reduction payment to any bidder either relieves the bidder of responsibility to discharge the obligation which gives rise to any lien or relieves any lien holder of responsibility to protect the lien holder's interest, (ii) No reduction payment in any way gives rise to any liability of the United States for the obligation underlying any lien, (iii) No lien holder has any right or standing, not otherwise provided by law, against the United States in connection with the revocation of any reduction permit or the title restriction or scrapping of any reduction vessel under this subpart, and (iv) This subpart does not provide any lien holder with any right or standing to seek to set aside any revocation of any reduction permit or the title restriction or scrapping of any reduction vessel for which the United States made, or has agreed to make, any reduction payment. A lien holder is limited to recovery against the holder of the reduction permit or the owner of the reduction vessel as otherwise provided by law; and (8) Each invitation to bid may specify such other terms and conditions as NMFS believes necessary to enforce specific performance of each reduction contract or otherwise to ensure completing each program. This includes, but is not limited to, each bidder's certification, subject to the penalties in § 600.1017, of the bidder's full authority to submit each bid and to dispose of the property involved in the bid in the manner contemplated by each invitation to bid. (b) NMFS will not invite bids for any program until NMFS determines that: (1) Any necessary reduction amendment is fully and finally approved and all provisions except those dependent on the completion of reduction are implemented; (2) The final implementation plan is adopted and the final implementation regulations are issued; (3) All required program funding is approved and in place, including all Federal appropriation and apportionment authority; (4) Any reduction loan involved is fully approved; (5) Any non-Federal funding involved is fully available at the required time for NMFS disbursement as reduction payments; and (6) All other actions necessary to disburse reduction payments, except for matters involving bidding and post-bidding referenda, are completed. (c) After making the affirmative determinations required under paragraph (b) of this section, NMFS will publish a Federal Register (d) NMFS may extend a bid closing date and/or a bid expiration date for a reasonable period. NMFS may also issue serial invitations to bid if the result of previous bidding, in NMFS' judgment, warrant this. (e) After the bid expiration date, NMFS will: (1) Analyze responsive bids; (2) Determine which bids, if any, NMFS accepts; and (3) Notify, by U.S. mail at each bidder's address of record, those bidders whose bids NMFS accepts that a reduction contract now exists between them and the United States—subject, where appropriate, to the conditions provided for elsewhere in this subpart. (f) NMFS will keep confidential the identity of all bidders whose bids NMFS does not accept. In financed programs where bidding results do not conform to the fishing capacity reduction specifications, NMFS also will keep confidential the identity of all bidders whose bids NMFS does accept until after completing a successful post-bidding referendum under § 600.1010. [65 FR 31443, May 18, 2000, as amended at 75 FR 62329, Oct. 8, 2010] § 600.1010 Referenda. (a) Referendum success. (b) Pre-bidding referendum Initial referendum. (2) Successful initial pre-bidding referendum. (i) If the initial pre-bidding referendum follows reduction amendment adoption, no second pre-bidding referendum shall be conducted, (ii) If the initial pre-bidding referendum precedes reduction amendment adoption, a second pre-bidding referendum shall be conducted if, in NMFS' judgment, the reduction amendment subsequently adopted differs, in any respect materially affecting the borrower's reduction investment in the program and the borrower's ability to repay the reduction loan, from the reduction amendment specifications upon which the initial pre-bidding referendum successfully occurred. The sole purpose of any second pre-bidding referendum shall be to determine whether the voters authorize an industry fee system despite any such difference between the reduction amendment specifications and a subsequently adopted reduction amendment. (3) Unsuccessful initial pre-bidding referendum. (c) Post-bidding referendum. (d) NMFS will conduct referenda in accordance with the following: (1) Eligible voters. Federal Register (2) Ballot issuance. (3) Voter certification. (4) Information included on a ballot. (i) Summarize the referendum's nature and purpose, (ii) Specify the date by which NMFS must receive a ballot in order for the ballot to be counted as a qualified vote, (iii) Identify the place on the ballot for the voter to vote for or against the proposed industry fee system, the place on the ballot where the voter shall sign the ballot, and the purpose of the return envelope, (iv) For each pre-bidding referendum, state: (A) The fishing capacity reduction specifications, (B) The reduction loan's repayment term, and (C) The fee rate, or range of fee rates, prospectively necessary to amortize the reduction loan over the loan's term, (v) For each initial pre-bidding referendum that precedes reduction amendment adoption, state the reduction amendment specifications, (vi) For each initial pre-bidding referendum that follows reduction amendment adoption, summarize the material aspects of the reduction amendment adopted, (vii) For each second pre-bidding referendum, summarize how the adopted reduction amendment materially differs from the reduction amendment specifications upon which a successful initial pre-bidding referendum occurred and how this material difference affects the borrower's reduction investment in the program and the borrower's ability to repay the reduction loan, (viii) For each post-bidding referendum, specify the actual bidding results that do not conform to the fishing capacity reduction specifications, and (ix) State or include whatever else NMFS deems appropriate; (5) Enclosures to accompany a ballot. (i) A specially-marked, postage-paid, and pre-addressed envelope that a voter must use to return the original of a ballot to NMFS by whatever means of delivery the voter chooses, and (ii) Such other materials as NMFS deems appropriate; (6) Vote qualification. (i) Is physically received by NMFS on or before the last day NMFS specifies for receipt of the ballot, (ii) Is cast for or against the proposed industry fee system, (iii) Is signed by the voter, (iv) Is the original ballot NMFS sent to the voter bearing the same 5-digit number that NMFS assigned to the voter, and (v) Was returned to NMFS in the specially-marked envelope that NMFS provided for the ballot's return; (6) Vote tally and notification. (i) Tally all ballots qualified to be counted as referendum votes, (ii) Notify, by U.S. mail at the address of record, all eligible voters who received ballots of: (A) The number of potential voters, (B) The number of actual voters who returned a ballot, (C) The number of returned ballots that qualified to be counted as referendum votes, (D) The number of votes for and the number of votes against the industry fee system, and (E) Whether the referendum was successful and approved the industry fee system or unsuccessful and disapproved the industry fee system, and (iii) If a successful referendum is a post-bidding referendum, NMFS will, at the same time and in the same manner, also notify the bidders whose bids were conditionally accepted that the condition pertaining to the reduction contracts between them and the United States is fulfilled; (7) Conclusiveness of referendum determinations. (8) Ballot confidentiality. (9) Conclusive authorization of industry fee system. [65 FR 31443, May 18, 2000, as amended at 75 FR 62329, Oct. 8, 2010] § 600.1011 Reduction methods and other conditions. (a) Reduction permits or reduction permits and reduction vessels. (b) Reduction permit revocation and surrender. (c) Reduction vessel title restriction or scrapping. (1) Each reduction vessel that is subject to title restriction only and is thus not required to be scrapped, is, upon NMFS' tender of the reduction payment, forever prohibited from any future use for fishing in any area subject to the jurisdiction of the United States or any State, territory, possession, or commonwealth of the United States. NMFS will request that the U.S. Coast Guard permanently restrict each such reduction vessel's title to exclude the reduction vessel's future use for fishing in any such area; (2) Each reduction vessel owner whose reduction vessel is required to be scrapped shall, upon NMFS' tender of the reduction payment, immediately cease all further use of the reduction vessel and arrange, without delay and at the reduction vessel owner's expense, to scrap the reduction vessel to NMFS' satisfaction, including adequate provision for NMFS to document the physical act of scrapping; and (3) Each reduction vessel owner, upon NMFS' tender of the reduction payment, forever relinquishes any claim associated with the reduction vessel and with the reduction permit that could qualify the reduction vessel owner or the reduction permit holder for any present or future limited access system fishing permit in the reduction fishery. (d) Fishing permits in a non-reduction fishery. (e) Reduction vessels disposition. (1) Each reduction vessel that is not documented under Federal law must in every case always be scrapped, without regard to whether a program is a financed program or a subsidized program; (2) No financed program may require any disposition of a reduction vessel documented under Federal law other than the title restriction in paragraph (b) of this section unless the business plan volunteers to do otherwise; and (3) Any subsidized program may require the scrapping of reduction vessels documented under Federal law. (f) Reduction payments. (g) Effect of reduction-contract nonperformance. (h) Program completion. § 600.1012 Reduction loan. (a) Obligation. (b) Principal amount, interest rate, repayment term, and penalties for non-payment or non-collection. (1) In a principal amount that shall be determined by subsequent program events under this subpart, but which shall not exceed the maximum principal amount in the fishing capacity reduction specifications; (2) At an annual rate, that shall be determined by subsequent events, of simple interest on the reduction loan's principal balance that shall equal 2 percent plus the Treasury percentage; (3) Repayable over the repayment term specified in the business plan or otherwise determined by subsequent events; and (4) Subject to such provisions as implementation regulations shall specify for the payment of costs and penalties for non-payment, non-collection, non-deposit, and/or non-disbursement in accordance with § 600.1013 and § 600.1014. (c) Effect of prospective interest rate. § 600.1013 Fee payment and collection. (a) Amount. (b) Rate. (c) Payment and collection. (2) In the event of any post-delivery payment for fee fish—including, but not limited to bonuses—whose amount depends on conditions that cannot be known until after fish delivery, that either first determines the delivery value or later increases the previous delivery value, the fish seller shall pay, and the fish buyer shall collect, at the time the amount of such post-delivery payment first becomes known, the fee that would otherwise have been due and payable as if the amount of the post-delivery payment had been known, and as if the post-delivery payment had consequently occurred, at the time of initial fish delivery; (3)(i) Each fish seller shall be deemed to be, for the purpose of the fee collection, deposit, disbursement, and accounting requirements of this subpart, both the fish seller and the fish buyer, and shall be responsible for all requirements and liable for any penalties under this subpart applicable to fish sellers and/or fish buyers, each time that a fish seller sells fee fish to: (A) Any party whose place of business is not located in the United States, who does not take delivery or possession of the fee fish in the United States, who is not otherwise subject to this subpart, or to whom or against whom NMFS cannot otherwise apply or enforce this subpart, (B) Any party who is a general food-service wholesaler or supplier, a restaurant, a retailer, a consumer, some other type of end-user, or some other party not engaged in the business of buying fish from fish sellers for the purpose of reselling the fish, either with or without processing the fish, or (C) Any other party who the fish seller has good reason to believe is a party not subject to this subpart or to whom or against whom NMFS cannot otherwise apply or enforce this subpart, (ii) In each such case the fish seller shall, with respect to the fee fish involved in each such case, discharge, in addition to the fee payment requirements of this subpart, all the fee collection, deposit, disbursement, accounting, record keeping, and reporting requirements that this subpart otherwise imposes on the fish buyer, and the fish seller shall be subject to all the penalties this subpart provides for a fish buyer's failure to discharge such requirements; (4) Fee payment begins on the date NMFS specifies under the notification procedures of paragraph (d) of this section and continues without interruption at the fee rates NMFS specifies in accordance this subpart until NMFS determines that the reduction loan is fully repaid. If a reduction loan is, for any reason, not fully repaid at the maturity of the reduction loan's original amortization period, fee payment and collection shall continue until the reduction loan is fully repaid, notwithstanding that the time required to fully repay the reduction loan exceeds the reduction loan's initially permissible maturity. (d) Notification. Federal Register (2) When NMFS determines that a reduction loan is fully repaid, NMFS will publish a Federal Register (3) If NMFS fails to notify a fish seller or a fish buyer by U.S. mail, or if the fish seller or fish buyer otherwise does not receive the notice, of the date fee payments start or of the fee rate in effect, each fish seller is, nevertheless, obligated to pay the fee at the fee rate in effect and each fish buyer is, nevertheless, obligated to collect the fee at the fee rate in effect. (e) Failure to pay or collect. (i) The fish buyer's and fish seller's name, address, and telephone number, (ii) The name of the fishing vessel from which the fish seller made fish delivery and the date of doing so, (iii) The quantity and delivery value of each species of fee fish that the fish seller delivered, and (iv) The fish buyer's reason, if known, for refusing to collect the fee in accordance with this subpart; (2) If a fish seller refuses to pay the fee in the amount and manner that this subpart requires, the fish buyer shall then advise the fish seller of the fish buyer's collection obligation and of the fish seller's payment obligation. If the fish seller still refuses to pay the fee, the fish buyer shall then either deduct the fee from the delivery value over the fish seller's protest or refuse to buy the fee fish. The fish buyer shall also, within the next 7 calendar days, advise NMFS in writing of the full particulars, including: (i) The fish buyer's and fish seller's name, address, and telephone number, (ii) The name of the fishing vessel from which the fish seller made or attempted to make fish delivery and the date of doing so, (iii) The quantity and delivery value of each species of fee fish the fish seller delivered or attempted to deliver, (iv) Whether the fish buyer deducted the fee over the fish seller's protest or refused to buy the fee fish, and (v) The fish seller's reason, if known, for refusing to pay the fee in accordance with this subpart. (f) Implementation regulations at variance with this section. § 600.1014 Fee collection deposits, disbursements, records, and reports. (a) Deposit accounts. (b) Fee collection deposits. (c) Deposit principal disbursement. (d) Records maintenance. (1) For all deliveries of fee fish that the fish buyer buys from each fish seller: (i) The date of delivery, (ii) The seller's identity, (iii) The weight, number, or volume of each species of fee fish delivered, (iv) The identity of the fishing vessel that delivered the fee fish, (v) The delivery value of each species of fee fish, (vi) The net delivery value, (vii) The identity of the party to whom the net delivery value is paid, if other than the fish seller, (viii) The date the net delivery value was paid, and (ix) The total fee amount collected; (2) For all fee collection deposits to and disbursements from the deposit account: (i) The dates and amounts of deposits, (ii) The dates and amounts of disbursements to the Fund's lockbox account, and (iii) The dates and amounts of disbursements to the fish buyer or other parties of interest earned on deposits. (e) Annual report. (1) Total weight, number, or volume bought; (2) Total delivery value paid; (3) Total fee amounts collected; (4) Total fee collection amounts deposited by month; (5) Dates and amounts of monthly disbursements to each Fund lockbox account; (6) Total amount of interest earned on deposits; and (7) Depository account balance at year-end. (f) State records. (g) Audits. (h) Confidentiality of records. (i) Refunds. (j) Implementation regulations at variance with this section. § 600.1015 Late charges. The late charge to fish buyers for fee payment, collection, deposit, and/or disbursement shall be one and one-half (1.5) percent per month, or the maximum rate permitted by state law, for the total amount of the fee not paid, collected, deposited, and/or disbursed when due to be paid, collected, deposited, and/or disbursed. The full late charge shall apply to the fee for each month or portion of a month that the fee remains unpaid, uncollected, undeposited, and/or undisbursed. § 600.1016 Enforcement. In accordance with applicable law or other authority, NMFS may take appropriate action against each fish seller and/or fish buyer responsible for non-payment, non-collection, non-deposit, and/or non-disbursement of the fee in accordance with this subpart to enforce the collection from such fish seller and/or fish buyer of any fee (including penalties and all costs of collection) due and owing the United States on account of the loan that such fish seller and/or fish buyer should have, but did not, pay, collect, deposit, and/or disburse in accordance with this subpart. All such loan recoveries shall be applied to reduce the unpaid balance of the loan. § 600.1017 Prohibitions and penalties. (a) The following activities are prohibited, and it is unlawful for any party to: (1) Vote in any referendum under this subpart if the party is ineligible to do so; (2) Vote more than once in any referendum under this subpart; (3) Sign or otherwise cast a ballot on behalf of a voter in any referendum under this subpart unless the voter has fully authorized the party to do so and doing so otherwise comports with this subpart; (4) Interfere with or attempt to hinder, delay, buy, or otherwise unduly or unlawfully influence any eligible voter's vote in any referendum under this subpart; (5) Submit a fraudulent, unauthorized, incomplete, misleading, unenforceable by specific performance, or inaccurate bid in response to an invitation to bid under this subpart or, in any other way, interfere with or attempt to interfere with, hinder, or delay, any invitation to bid, any bid submitted under any invitation to bid, any reduction contract, or any other reduction process in connection with any invitation to bid; (6) Revoke or attempt to revoke any bid under this subpart; (7) Fail to comply with the terms and conditions of any invitation to bid, bid, or reduction contract under this subpart, including NMFS' right under such reduction contracts to specific performance; (8) Fail to fully and properly pay and collect any fee due payable, and collectible under this subpart or otherwise avoid, decrease, interfere with, hinder, or delay any such payment and collection, (9) Convert, or otherwise use for any purpose other than the purpose this subpart intends, any paid or collected fee; (10) Fail to fully and properly deposit on time the full amount of all fee revenue collected under this subpart into a deposit account and disburse the full amount of all deposit principal to the Fund's lockbox account—all as this subpart requires; (11) Fail to maintain full, timely, and proper fee payment, collection, deposit, and/or disbursement records or make full, timely, and proper reports of such information to NMFS-all as this subpart requires; (12) Fail to advise NMFS of any fish seller's refusal to pay, or of any fish buyer's refusal to collect, any fee due and payable under this subpart; (13) Refuse to allow NMFS or agents that NMFS designates to review and audit at reasonable times all books and records reasonably pertinent to fee payment, collection, deposit, disbursement, and accounting under this subpart or otherwise interfere with, hinder, or delay NMFS or it agents in the course of their activities under this subpart; (14) Make false statements to NMFS, any of the NMFS' employees, or any of NMFS' agents about any of the matters in this subpart; (15) Obstruct, prevent, or unreasonably delay or attempt to obstruct, prevent, or unreasonably delay any audit or investigation NMFS or its agents conduct, or attempt to conduct, in connection with any of the matters in this subpart; and/or (16) Otherwise materially interfere with the efficient and effective conduct of reduction and the repayment of reduction loans under this subpart. (b) Any party who violates one or more of the prohibitions of paragraph (a) of this section is subject to the full range of penalties the Magnuson-Stevens Act and 15 CFR part 904 provide—including, but not limited to: civil penalties, sanctions, forfeitures, and punishment for criminal offenses—and to the full penalties and punishments otherwise provided by any other applicable law of the United States. (c) Additionally, NMFS may take any and all appropriate actions, including the communication of action at law, against each party responsible for the non-payment, non-collection, non-deposit, and/or non-disbursement in accordance with § 600.1013 and/or § 600.1014 to enforce the United States' receipt from such party of any fee—including penalties and all costs of collection—due and owing the United States on account of the reduction loan that such party should have, but did not, pay, collect, deposit, and/or disburse in accordance with § 600.1013 and/or § 600.1014. All such reduction loan recoveries shall be applied to reduce the unpaid balances of reduction loans. Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations Authority: 5 U.S.C. 561, 16 U.S.C. 1801 et seq., Source: 69 FR 53361, Sept. 1, 2004, unless otherwise noted. § 600.1100 [Reserved] § 600.1101 Inshore fee system for repayment of the loan to harvesters of Pollock from the directed fishing allowance allocated to the inshore component under section 206(b)(1) of the AFA. (a) Definition. American Fisheries Act (AFA) Borrower Business week Delivery value Deposit principal Fee Fee fish Fish buyer Fish delivery Fish seller IC directed fishing allowance Loan Net delivery value Subaccount (b) Loan Principal amount. (2) Interest. (3) Repayment. (4) Application of fee receipts. (5) Obligation. (c) Fee payment and collection Payment and collection. (ii)(A) Each fish seller shall be deemed, for the purpose of the fee collection, deposit, disbursement, and accounting requirements of this subpart, to be both the fish seller and the fish buyer—and all requirements and penalties under this subpart applicable to both a fish seller and a fish buyer shall equally apply to the fish seller—each time that the fish seller sells fee fish to: ( 1 ( 2 ( 3 (B) In each such case the fish seller shall, with respect to the fee fish involved in each such case, discharge, in addition to the fee payment requirements of this subpart, all the fee collection, deposit, disbursement, accounting, recordkeeping, and reporting requirements that this subpart otherwise imposes on the fish buyer, and the fish seller shall be subject to all the penalties this subpart provides for a fish buyer's failure to discharge such requirements; (2) Notification. (ii) When NMFS determines that the loan is fully repaid, NMFS will publish a Federal Register (3) Failure to pay or collect. (A) The fish buyer's and fish seller's name, address, and telephone number, (B) The name of the fishing vessel from which the fish seller made fish delivery and the date of doing so, (C) The quantity and delivery value of fee fish that the fish seller delivered, and (D) The fish buyer's reason (if known) for refusing to collect the fee in accordance with this subpart; (ii) If a fish seller refuses to pay the fee in the amount and manner that this subpart requires, the fish buyer shall then advise the fish seller of the fish buyer's collection obligation and of the fish seller's payment obligation. If the fish seller still refuses to pay the fee, the fish buyer shall then either deduct the fee from the delivery value over the fish seller's protest or refuse to buy the fee fish. The fish buyer shall also, within the next 7 calendar days, advise NMFS in writing of the full particulars, including: (A) The fish buyer's and fish seller's name, address, and telephone number, (B) The name of the fishing vessel from which the fish seller made or attempted to make fish delivery and the date of doing so, (C) The quantity and delivery value of fee fish the fish seller delivered or attempted to deliver, (D) Whether the fish buyer deducted the fee over the fish seller's protest or refused to buy the fee fish, and (E) The fish seller's reason (if known) for refusing to pay the fee in accordance with this subpart. (d) Fee collection deposits, disbursements, records, and reports Deposit accounts. (2) Fee collection deposits. (3) Deposit principal disbursement. (4) Records maintenance. (i) For all deliveries of fee fish that the fish buyer buys from each fish seller: (A) The date of delivery, (B) The fish seller's identity, (C) The round weight of fee fish delivered, (D) The identity of the fishing vessel that delivered the fee fish, (E) The delivery value, (F) The net delivery value, (G) The identity of the party to whom the net delivery value is paid, if other than the fish seller, (H) The date the net delivery value was paid, and (I) The total fee amount collected; (ii) For all fee collection deposits to and disbursements from the deposit account: (A) The dates and amounts of deposits, (B) The dates and amounts of disbursements to the subaccount's lockbox account, and (C) The dates and amounts of disbursements to the fish buyer or other parties of interest earned on deposits. (5) Annual report. (i) Total round weight bought; (ii) Total delivery value paid; (iii) Total fee amount collected; (iv) Total fee collection amounts deposited by month; (v) Dates and amounts of monthly disbursements to the subaccount lockbox; (vi) Total amount of interest earned on deposits; and (vii) Depository account balance at year-end. (6) State records. (7) Audits. (8) Confidentiality of records. (9) Refunds. (e) Late charges. (f) Enforcement. (g) Prohibitions and penalties. (i) Avoid, decrease, interfere with, hinder, or delay payment or collection of, or otherwise fail to fully and properly pay or collect, any fee due and payable under this subpart or convert, or otherwise use for any purpose other than the purpose this subpart intends, any paid or collected fee; (ii) Fail to fully and properly deposit on time the full amount of all fee revenue collected under this subpart into a deposit account and disburse the full amount of all deposit principal to the subaccount's lockbox account—all as this subpart requires; (iii) Fail to maintain full, timely, and proper fee payment, collection, deposit, and/or disbursement records or make full, timely, and proper reports of such information to NMFS-all as this subpart requires; (iv) Fail to advise NMFS of any fish seller's refusal to pay, or of any fish buyer's refusal to collect, any fee due and payable under this subpart; (v) Refuse to allow NMFS or agents that NMFS designates to review and audit at reasonable times all books and records reasonably pertinent to fee payment, collection, deposit, disbursement, and accounting under this subpart or otherwise interfere with, hinder, or delay NMFS or it agents in the course of their activities under this subpart; (vi) Make false statements to NMFS, any of the NMFS' employees, or any of NMFS' agents about any of the matters in this subpart; (vii) Obstruct, prevent, or unreasonably delay or attempt to obstruct, prevent, or unreasonably delay any audit or investigation NMFS or its agents conduct, or attempt to conduct, in connection with any of the matters in this subpart; and/or (viii) Otherwise materially interfere with the efficient and effective repayment of the loan. (2) Anyone who violates one or more of the prohibitions of paragraph (a) of this section is subject to the full range of penalties the Magnuson-Stevens Act and 15 CFR part 904 provide (including, but not limited to: civil penalties, sanctions, forfeitures, and punishment for criminal offenses) and to the full penalties and punishments otherwise provided by any other applicable law of the United States. § 600.1102 Pacific Coast groundfish fee. (a) Purpose. Federal Register (b) Definitions. Borrower Deposit principal Fee fish Fee-share fishery Fee-share fishery subaccount Reduction fishery Reduction fishery subaccount Subamount (c) Reduction loan amount. (d) Subamounts. (1) Reduction fishery, $28,428,719; and (2) Fee-share fisheries: (i) California coastal Dungeness crab fee-share fishery, $2,334,334, (ii) California pink shrimp fee-share fishery, $674,202, (iii) Oregon coastal Dungeness crab fee-share fishery, $1,367,545, (iv) Oregon pink shrimp fee-share fishery, $2,228,845, (v) Washington coastal Dungeness crab fee-share fishery, $369,426, and (vi) Washington ocean pink shrimp fee-share fishery, $259,400. (e) Interest accrual inception. (f) Interest rate. (g) Repayment term. (h) Reduction loan. (1) The borrower's obligation to repay the reduction loan shall be discharged by fish sellers in the reduction fishery and in each of the fee-share fisheries paying the fee applicable to each such fishery's subamount in accordance with § 600.1013 of subpart L, and (2) Fish buyers in the reduction fishery and in each of the fee-share fisheries shall be obligated to collect the fee applicable to each such fishery's subamount in accordance with § 600.1013 of this subpart. (i) Fee collection, deposits, disbursements, records, and reports. (1) Deposit accounts. (i) All fee collections from the reduction fishery shall be accounted for in a reduction fishery subaccount, (ii) All fee collections from the California pink shrimp fee-share fishery shall be accounted for in a California shrimp fee-share fishery subaccount, (iii) All fee collections from the California coastal Dungeness crab fishery shall be accounted for in a California crab fee-share fishery subaccount, (iv) All fee collections from the Oregon pink shrimp fee-share fishery shall be accounted for in an Oregon shrimp fee-share fishery subaccount, (v) All fee collections from the Oregon coastal Dungeness crab fee-share fishery shall be accounted for in an Oregon crab fee-share fishery subaccount, (vi) All fee collections from the Washington ocean pink shrimp fee-share fishery shall be accounted for in a Washington ocean shrimp fee-share fishery subaccount, and (vii) All fee collections from the Washington coastal Dungeness crab fishery shall be accounted for in a Washington crab fee-share fishery subaccount; (2) Fee collection deposits. (3) Deposit principal disbursement. (4) Records maintenance. (i) For all deliveries of fee fish that the fish buyer buys from each fish seller: (A) The date of delivery, (B) The fish seller's identity, (C) The weight, number, or volume of each species of fee fish delivered, (D) Information sufficient to specifically identify the fishing vessel which delivered the fee fish, (E) The delivery value of each species of fee fish, (F) The net delivery value of each species of fee fish, (G) The identity of the payor to whom the net delivery value is paid, if different than the fish seller, (H) The date the net delivery value was paid, (I) The total fee amount collected as a result of all fee fish, and (J) The total fee amount collected as a result of all fee fish from the reduction fishery and/or all fee fish from each of the six fee-share fisheries; and (ii) For all collected fee deposits to, and disbursements of deposit principal from, the deposit account include: (A) The date of each deposit, (B) The total amount deposited, (C) The total amount deposited in the reduction fishery subaccount and/or in each of the six fee-share fishery subaccounts, (D) The date of each disbursement to the Fund's lockbox, (E) The total amount disbursed, (F) The total amount disbursed from the reduction fishery subaccount and/or from each of the six fee-share fishery subaccounts, and (G) The dates and amounts of disbursements to the fish buyer, or other parties, of interest earned on deposits; and (5) Annual report. (j) Other provisions. The reduction loan is, in all other respects, subject to the provisions of § 600.1012 through applicable portions of § 600.1017, except § 600.1014(e). [70 FR 40229, July 13, 2005, as amended at 71 FR 28, Jan. 3, 2006] § 600.1103 Bering Sea and Aleutian Islands (BSAI) Crab species program. (a) Purpose. (b) Terms. Acceptance Bid Bid amount Bidder Bid crab Bid score Co-bidder Crab Crab license Crab reduction permit FSD Non-crab reduction permit Norton Sound fishery NVDC Qualifying bidder Qualifying voter RAM Program Reduction endorsement fishery Reduction fishery Reduction fishing history Reduction fishing interest (1) Reduction fishing privilege (see definition); (2) Crab reduction permit; (3) Non-crab reduction permit; (4) Reduction fishing history (see definition); and (5) Any other claim that could in any way qualify the owner, holder, or retainer of any of the reduction components, or any person claiming under such owner, holder, or retainer, for any present or future limited access system fishing license or permit in any United States fishery (including, but not limited to, any harvesting privilege or quota allocation under any present or future individual fishing quota system). Reduction fishing privilege Reduction/history vessel Reduction loan sub-amount Reduction/privilege vessel Referendum Replacement vessel (c) Relationship to this subpart Provisions that apply. (2) Provisions that do not apply. (i) All of: (A) Section 600.1001, (B) Section 600.1002, (C) Section 600.1003, (D) Section 600.1004, (E) Section 600.1005, (F) Section 600.1006, and (G) Section 600.1007, (ii) The portions of § 600.1008: (A) Pertaining to an implementation plan, (B) Pertaining to a 60-day comment period for a proposed implementation regulation, (C) Pertaining to public hearings in each State that the this program affects, (D) Pertaining to basing the implementation regulation on a business plan, (E) Within paragraphs (d)(1)(ii) through (viii), (F) Within paragraph (d)(2)(ii), (G) Within paragraph (e), and (H) Within paragraph (f) and pertaining to fishing capacity reduction specifications and a subsidized program, (iii) The portions of § 600.1009: (A) Pertaining to fishing capacity reduction specifications, (B) Within paragraph (a)(4), (C) Pertaining to a reduction amendment, (D) Within paragraph (a)(5)(ii), to the extent that the paragraph is inconsistent with the requirements of this section, (E) Within paragraph (b)(i), and (F) Pertaining to an implementation plan, (iv) The portions of § 600.1010: (A) Within paragraph (b), (B) Pertaining to fishing capacity reduction specifications, (C) Within paragraph (d)(1), and (D) Within paragraphs (d)(4))(iv) through (vii), (v) The portions of § 600.1011: (A) That comprise the last sentence of paragraph (a), (B) Within paragraph (d), and (C) Within paragraph (e)(2), (vi) The portions of § 600.1012: (A) Within paragraph (b)(3) following the word “subpart”, and (B) Within paragraph (b)(3), and (vii) The last sentence of § 600.1014(f). (d) Reduction cost financing. (e) Who constitutes a bidder. (1) Holder of record and person otherwise fully and legally entitled to offer, in the manner this section requires, the bid's crab reduction permit and the bid's non-crab reduction permit; (2) Reduction/privilege vessel owner, title holder of record, and person otherwise fully and legally entitled to offer, in the manner this section requires, the bid's reduction fishing privilege; and (3) Retainer and person otherwise fully and legally entitled to offer, in the manner this section requires, the bid's reduction fishing history. (f) How crab licenses determine qualifying bidders and qualifying voters Non-interim crab licenses. (2) Interim crab licenses. (3) Crab licenses endorsed solely for the Norton Sound Fishery. (4) Time at which qualifying bidders and voters must hold required crab licenses. (g) Qualifying bidders and co-bidders Qualifying bidders bidding alone. (2) Qualifying bidders bidding together with co-bidders. (3) Minimum reduction components that qualifying bidders must hold or retain when bidding with co-bidders. (h) Reduction fishing interest General requirements. (i) In its bid, offer to surrender, to have revoked, to have restricted, to relinquish, to have withdrawn, or to have extinguished by other means, in the manner that this section requires, the reduction fishing interest, (ii) At the time of bidding, hold, own, or retain the reduction fishing interest and be fully and legally entitled to offer, in the manner that this section requires, the reduction fishing interest, and (iii) Continuously thereafter hold, own, or retain the reduction fishing interest and remain fully and legally entitled to offer, in the manner that this section requires, the reduction fishing interest until: (A) The bid expires without NMFS first having accepted the bid, (B) NMFS notifies the bidder that NMFS rejects the bid, (C) NMFS notifies the bidder that a reduction contract between the bidder and the United States no longer exists, or (D) NMFS tenders reduction payment to the bidder; (2) Reduction/privilege vessel requirements. (i) The vessel designated, at the time this final rule is published in the Federal Register, (ii) Be neither lost nor destroyed at the time of bidding; (3) Reduction fishing privilege requirements. (i) Fisheries trade endorsement under the Merchant Marine Act, 1936 (46 U.S.C.A. 12108), (ii) Qualification for any present or future U.S. Government approval under section (9)(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)) for placement under foreign registry or operation under the authority of a foreign country, and (iii) Any other privilege to ever fish anywhere in the world; (4) Crab reduction permit requirements. (A) Be the crab license that NMFS issued on the basis of the bidder's reduction fishing history, (B) Be non-interim at the time each bidder submits its bid, and (C) Include an area/species endorsement for any one or more reduction endorsement fisheries, (ii) Although the Norton Sound fishery is not a reduction endorsement fishery, an area/species endorsement for the Norton Sound fishery occurring on a crab reduction permit must be surrendered and revoked (and all fishing history involving it relinquished) in the same manner as all other reduction endorsement fisheries occurring on the crab reduction permit; (5) Non-crab reduction permit requirements. (i) NMFS issued on the basis of the fishing history of the bidder's reduction/history vessel, and (ii) For which the bidder was the license holder of record on the effective date of this section; and (6) Reduction fishing history requirements. (i) Exceptions to the reduction fishing interest requirements Lost or destroyed vessel salvaged. 3 (2) Lost or destroyed vessel not salvaged. 3 (i) The crab portion of the reduction fishing history is the total of the lost or destroyed vessel's documented harvest of crab through the date of such vessel's loss or destruction plus the replacement vessel's documented harvest of crab after such date, and (ii) For the purposes of this program, the lost or destroyed vessel's documented harvest of crab merges with, and becomes a part of, the replacement vessel's documented harvest of crab; and (3) Acquired crab fishing history. (i) The crab portion of the reduction fishing history is the total of the acquired documented harvest of crab through December 31, 1994, plus the documented harvest of crab after December 31, 1994, of the vessel from which the bidder made the documented crab harvest § 679.4(k)(5)(iv) of this chapter requires, and (ii) [Reserved] (iii) For the purposes of this program, the acquired documented harvest of crab merges with, and becomes a part of, the non-acquired documented harvest of crab. (j) Determining value of reduction/history vessels' bid crab In each fishery. (2) In all fisheries. (3) Crab excluded from bid crab. (i) Triangle tanner crab, grooved tanner crab, and any other crab not involved in the various area/species endorsements, (ii) Discarded crab, (iii) Crab caught for personal use, (iv) Unspecified crab, and (v) Any other crab for which the dollar value, crab fishery, landing date, or harvesting vessel NMFS cannot, for whatever reason, determine. (k) Determining bid score. (l) Determining reduction loan sub-amount Value of all bid crab in each fishery. (2) Value of all bid crab in all fisheries. (3) Each fishery as a percentage of all fisheries. (4) Applying percentages to loan amount. (5) Loan sub-amount. (m) Prospectively qualifying bidder and voter notification General. Federal Register (2) Qualifying bidder list. (3) Qualifying voter list. The prospectively qualifying voter list will include the names and addresses of record of each license holder of record for all non-interim and interim crab licenses except only crab licenses whose sole area/species endorsement is for the Norton Sound fishery; (4) Basis of lists. (5) Purpose. (i) The prospectively qualifying bidders, and (ii) The prospectively qualifying voters; and (6) Public comment. (i) Persons who appear on one or more lists but should not, (ii) Persons who do not appear on one or more lists but should, and (iii) Persons who believe their names and/or business mailing addresses appearing on one or more lists are incorrect. (n) Invitation to bid Notification. Federal Register (2) Notification contents. (i) State the date on which NMFS will invite bids by mailing an invitation to bid to each person on the prospectively qualifying bidder list, (ii) State a bid opening date, before which a bidder may not bid, and a bid closing date, after which a bidder may not bid, (iii) State a bid expiration date after which each bid expires unless, prior to that date, NMFS accepts the bid by mailing a written acceptance notice to the bidder at the bidder's address of record, (iv) State the manner of bid submission and the information each bidder must submit for NMFS to deem a bid responsive, (v) State any other information required for bid submission, and (vi) Include a facsimile of the invitation to bid, along with a bidding form and terms of capacity reduction agreement comprising the entire terms and conditions of the reduction contract under which each bidder must bid and under which NMFS must accept a bid; and (3) Mailing. (o) Bids Content. (i) Identify, by name, regular mail address, telephone number, and (if available) electronic mail address, the qualifying bidder and each co-bidder, (ii) State the bid amount in U.S. dollars, (iii) Identify, by crab license number, the qualifying bidder's crab reduction permit and include an exact copy of this crab license (which the RAM Program issued), (iv) Identify, by vessel name and official number, the bidder's reduction/privilege vessel, and include an exact copy of this vessel's official document (which NVDC issued), (v) Identify, by license or permit number, each of the bidder's non-crab reduction permits; and include an exact copy of each of these licenses or permits (which the RAM Program issued for licenses or permits involving species under the jurisdiction of NMFS' Alaska Region and which other NMFS offices issued for licenses or permits involving species under those offices' jurisdiction), (vi) Identify, separately for crab and for each other species: (A) The qualifying bidder's reduction fishing history, and (B) The dates that each portion of the reduction fishing history encompasses; the name and official number of the reduction/history vessel or vessels which gave rise to it; and the dates during which the qualifying bidder owned such vessels or, if the qualifying bidder acquired any reduction fishing history from another person, the name of the person from which the qualifying bidder acquired such reduction fishing history and the manner in which and the date on which the qualifying bidder did so, (vii) State, declare, and affirm that the qualifying bidder holds the crab reduction permit and retains the complete reduction fishing history, and is fully and legally entitled to offer both in the manner this section requires, (viii) State, declare, and affirm that either the qualifying bidder or the co-bidder owns the reduction/privilege vessel and holds the non-crab reduction permit and is fully and legally entitled to offer both in the manner that this section requires, and (ix) Provide any other information or materials that NMFS believes is necessary and appropriate; and (2) Rejection. (p) Acceptance Reverse auction. (2) Notification. (3) Post-acceptance reduction permit transfer. (q) Reduction contracts subject to successful post-bidding referendum condition. (r) Post-bidding referendum Purpose. (2) Manner of conducting. (3) One vote per crab license. (4) Crab license numbers on ballots. (5) Potential reduction results stated. (i) The amount of reduction that all accepted bids potentially effect, including: (A) The number of crab reduction permits, together with each area/species endorsement for which each of these licenses is endorsed, (B) The number of reduction/privilege vessels and reduction/history vessels, and (C) The aggregate and average dollar value of bid crab (together with the number of pounds of bid crab upon which NMFS based the dollar value), in each reduction endorsement fishery and in the reduction fishery, for all reduction/history vessels during the period for which NMFS calculates the dollar value of bid crab, (ii) The reduction loan sub-amount that each reduction endorsement fishery must repay if a referendum approves the fee, and (iii) Any other useful information NMFS may then have about the potential sub-fee rate initially necessary in each reduction endorsement fishery to repay each reduction loan sub-amount; and (6) Notice that condition fulfilled. (s) Reduction method. (1) Revoke each crab reduction permit; (2) Revoke each non-crab reduction permit; (3) Revoke each reduction fishing privilege (which revocation will run with the reduction/privilege vessel's title in the manner § 600.1009(a)(5)(ii)(A) of this subpart requires and in accordance with 46 U.S.C. 12108(d)); (4) Effect relinquishment of each reduction fishing history for the purposes specified in this section by noting in the RAM Program records (or such other records as may be appropriate for reduction permits issued elsewhere) that the reduction fishing history has been relinquished under this section and will never again be available to anyone for any fisheries purpose; and (5) Otherwise restrict in accordance with this subpart each reduction/privilege vessel and fully effect the surrender, revocation, restriction, relinquishment, withdrawal, or extinguishment by other means of all components of each reduction fishing interest. (t) Reduction payment tender and disbursement Fishing continues until tender. (2) Notification to the public. Federal Register (i) Of the crab reduction permits, the reduction/privilege vessels, the reduction fishing histories, and the non-crab reduction permits upon whose holding, owning, retaining, or other legal authority representations accepted bidders based their bids and NMFS based its acceptances, and (ii) That NMFS intends, in accordance with the reduction contracts, to tender reduction payments in return for the actions specified in paragraph (s) of this section; (3) Public response. (4) Tender and disbursement parties. (5) Time of tender. (6) Method of tender and disbursement. (7) Effect of tender. (i) All fishing activity for any species anywhere in the world in any way associated with each accepted bidder's reduction fishing interest must cease, (ii) Each accepted bidder must retrieve all fixed fishing gear for whose deployment the accepted bidder's reduction/privilege vessel was responsible, and (iii) NMFS will fully exercise its reduction contract rights with respect to the reduction fishing interest by taking the actions specified in paragraph (s) of this section. (u) Fee payment and collection Fish sellers who pay the fee. (2) Fish buyers who collect the fee. (3) Persons who are both fish sellers and fish buyers and both pay and collect the fee. (v) Fishing prohibition and penalties General. (2) Prohibitions. (i) Fish with or attempt to fish with, or allow others to fish with or attempt to fish with, the reduction/privilege vessel anywhere in the world for any species under any conditions and regardless of the reduction/privilege vessel's ownership or registry for so long as the reduction/privilege vessel exists. This prohibition includes, but is not limited to, fishing on the high seas or in the jurisdiction of any foreign country (to the extent prohibited by law) while operating under U.S. flag, (ii) Place or attempt to place, or allow others to place or attempt to place, the reduction/privilege vessel under foreign flag or registry, (iii) Operate or attempt to operate, or allow others to operate or attempt to operate, the reduction/privilege vessel under the authority of a foreign country to the extent prohibited by law, (iv) Otherwise avoid or attempt to avoid, or allow others to avoid or attempt to avoid, the revocation of the reduction fishing privilege with respect to any reduction/privilege vessel, and (v) Make any claim or attempt to make any claim, or allow others to claim or attempt to make any claim, for any present or future limited access fishing license or permit in any U.S. fishery (including, but not limited to, any quota allocation under any present or future individual quota allocation system) based in any way on any portion of a reduction fishing interest surrendered, revoked, restricted, relinquished, withdrawn, or extinguished by other means under this section; and (3) Penalties. (i) At the reduction/privilege vessel owner's expense, seize and scrap the reduction/privilege vessel, and (ii) Pursue such other remedies and enforce such other penalties as may be applicable. (w) Program administration FSD responsibilities. (i) Issue all notifications and mailings that this section requires, (ii) Prepare and issue the invitation to bid, (iii) Receive bids, (iv) Reject bids, (v) Score bids, (vi) Make acceptances, (vii) Prepare and issue referendum ballots, (viii) Receive referendum ballots, (ix) Tally referendum ballots, (x) Determine referendum success or failure, (xi) Tender and disburse reduction payments, (xii) Administer reduction contracts, (xiii) Administer fees and reduction loan repayment, and (xiv) Discharge all other management and administration functions that this section requires; (2) RAM Program responsibilities. (3) NVDC and MARAD responsibilities. (x) Reduction loan and reduction loan sub-amounts. [68 FR 69337, Dec. 12, 2003. Redesignated at 69 FR 53362, Sept. 1, 2004] § 600.1104 Bering Sea and Aleutian Islands (BSAI) crab species fee payment and collection system. (a) Purpose. (1) In accordance with § 600.1012 of subpart L, establish: (i) The borrower's obligation to repay a reduction loan, and (ii) The loan's principal amount, interest rate, and repayment term; and (2) In accordance with § 600.1013 through § 600.1016 of subpart L, implement an industry fee system for the reduction fishery. (b) Definitions. Crab rationalization crab Crab rationalization fisheries Reduction endorsement fishery (1) Bristol Bay red king (the corresponding crab rationalization fishery is Bristol Bay red king crab), (2) Bering Sea and Aleutian Islands Area C. opilio C. bairdi (3) Aleutian Islands brown king (the corresponding crab rationalization fisheries are the two separate fisheries, one for Eastern Aleutian Islands golden king crab and another for Western Aleutian Islands golden king crab), (4) Aleutian Islands red king (the corresponding crab rationalization fishery is Western Aleutian Islands red king crab), (5) Pribilof red king and Pribilof blue king (the corresponding crab rationalization fishery is Pribilof red king and blue king crab), and (6) St. Matthew blue king (the corresponding crab rationalization fishery is also St. Matthew blue king crab). Reduction fishery Sub-amount (c) Reduction loan amount. (d) Sub-amounts. (1) For Bristol Bay red king, $17,129,957.23; (2) For Bering Sea and Aleutian Islands Area C. opilio C. bairdi (3) For Aleutian Islands brown king, $6,380,837.19; (4) For Aleutian Islands red king, $237,588.04; (5) For Pribilof red king and Pribilof blue king, $1,571,216.35; and (6) For St. Matthew blue king, $5,668,991.10. (e) Interest accrual from inception. (f) Interest rate. (g) Repayment term. (h) Reduction loan repayment. (2) Fish sellers in each reduction endorsement fishery shall, in accordance with § 600.1013, pay the fee at the rate applicable to each such fishery's subamount; (3) Fish buyers in each reduction endorsement fishery shall, in accordance with § 600.1013, collect the fee at the rate applicable to each such fishery; (4) Fish buyers in each reduction endorsement fishery shall in accordance with § 600.1014, deposit and disburse, as well as keep records for and submit reports about, the fees applicable to each such fishery; except the requirements specified under paragraph (c) of this section concerning the deposit principal disbursement shall be made to NMFS not later than the 7th calendar day of each month; and the requirements specified under paragraph (e) of this section concerning annual reports which shall be submitted to NMFS by July 1 of each calendar year; and, (5) The reduction loan is, in all other respects, subject to the provisions of § 600.1012 through § 600.1017. [70 FR 54656, Sept. 16, 2005, as amended at 71 FR 27210, May 10, 2006] § 600.1105 Longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery program. (a) Purpose. (b) Definitions. Act AI Application Form Auditor Authorized Party Ballot BS BSAI BSAI Pacific Cod ITAC Capacity Reduction Agreement or Reduction Agreement Certificate of Documentation (COD) Closing Vote 2/3 Current Offer Current Offeror Database Effective Date Fishing Capacity Reduction Contract or Reduction Contract FLCC Counsel Latent License LLP License Longline Subsector Longline Subsector ITAC Nonoffering Subsector Member Offer Content Offer Form Offer(s) Opening Date Person Prequalification Offer Ranking Form Ranking Period Reduction Fishery Reduction Fishing Interests Reduction Plan Reduction Privilege Vessel Rejected Offer Rejected Offeror Restricted Access Management RAM Secretary Selected Offer Selected Offeror Selection Process Submission Period(s) or Submitting Period(s) Subsector Member(s) Web site http://www.freezerlonglinecoop.org. (c) Qualification and enrollment of subsector members Distribution. (2) Application. (i) Fully executed Reduction Agreement; (ii) Photocopy of the LLP License(s) evidencing Subsector Member's qualification as a member of the Longline Subsector; (iii) Unless applying as the holder of a Latent License, a photocopy of Federal Fisheries Permit for the vessel(s) designated on the LLP License(s) on the date the Reduction Agreement is signed by the Subsector Member; (iv) Unless applying as the holder of a Latent License, a photocopy of the Certificate of Documentation (COD) for the vessel(s) designated on the LLP License(s) on the date the Reduction Agreement is signed by the Subsector Member; and (v) An executed Application Form which sets forth whether the qualifying LLP License is a Latent License and identifies the individual(s) authorized to execute and deliver Offers and Offer Ranking Ballots on behalf of the Subsector Member. (3) Examination by Auditor In general. (ii) Interim LLP Licenses. (4) Enrollment period. (5) Effective date. (6) Notice. (7) Withdrawal. (d) Selection of fishing capacity to be removed by Reduction Plan. (1) Overview. (i) Submitting Periods, during which individual Subsector Members may submit Offers of fishing capacity they wish to include in the Reduction Plan; and (ii) Ranking Periods, during which Nonoffering Subsector Members will rank the submitted Offers. (2) Offers Binding agreement. (ii) Offer content. (iii) Prequalification of offers. (3) Submitting an offer Offer submission. (ii) Submission periods. (iii) Validity of offer. (iv) Warranty. (4) Posting offers Current offers. (ii) Posting order. (iii) Questions as to offer. (iv) Archive. (5) Ranking Eligibility. (ii) Ranking period. (iii) Ranking form. (iv) Validity of subsector member ranking. (6) Ranking results Compiling the rankings. 2/3 (ii) Posting rankings. (iii) Selected offer information or confidentiality. (iv) Selected offerors. (v) Rejected offerors. (vi) Ties. (vii) Archive. (7) Closing. 2/3 (i) Call for vote. 2/3 (ii) Voting. (iii) Ballot verification. (iv) Voting results. 2/3 2/3 (v) Notification to NMFS. (e) Submission of reduction plan, including repayment. (1) Capacity reduction. (2) Loan repayment Term. (ii) Interest. (iii) Fees. (A) The fee will be expressed in cents per pound rounded up to the next one-tenth of a cent. For example: If the principal and interest due equal $2,900,000 and the Longline Subsector portion equals 100,000 metric tons, then the fee per round weight pound of Pacific cod will equal 1.4 cents per pound. [2,900,000 /(100,000 × 2,205) = .01315]. The fee will be accessed and collected on Pacific cod to the extent possible and if not, will be accessed and collected as provided for in this paragraph (e). (B) Fees must be accessed and collected on Pacific cod used for bait or discarded. Although the fee could be up to 5 percent of the ex-vessel production value of all post-reduction Longline Subsector landings, the fee will be less than 5 percent if NMFS projects that a lesser rate can amortize the fishery's reduction loan over the reduction loan's 30-year term. In the event that the total principal and interest due exceeds 5 percent of the ex-vessel Pacific cod revenues, a penny per pound round weight fee will be calculated based on the latest available revenue records and NMFS conversion factors for pollock, arrowtooth flounder, Greenland turbot, skate, yellowfin sole and rock sole. (C) The additional fee will be limited to the amount necessary to amortize the remaining twelve months principal and interest in addition to the 5 percent fee accessed against Pacific cod. The additional fee will be a minimum of one cent per pound. In the event that collections exceed the total principal and interest needed to amortize the payment due, the principal balance of the loan will be reduced. To verify that the fees collected do not exceed 5 percent of the fishery revenues, the annual total of principal and interest due will be compared to the latest available annual Longline Subsector revenues to ensure it is equal to or less than 5 percent of the total ex-vessel production revenues. In the event that any of the components necessary to calculate the next year's fee are not available, or for any other reason NMFS believes the calculation must be postponed, the fee will remain at the previous year's amount until such a time that new calculations are made and communicated to the post reduction fishery participants. (D) It is possible that the fishery may not open during some years and no Longline Subsector portion of the ITAC is granted. Consequently, the fishery will not produce fee revenue with which to service the reduction loan during those years. However, interest will continue to accrue on the principal balance. When this happens, if the fee rate is not already at the maximum 5 percent, NMFS will increase the fisheries' fee rate to the maximum 5 percent of the revenues for Pacific cod and the species mentioned in paragraph (e)(2)(iii)(B), apply all subsequent fee revenue first to the payment of accrued interest, and continue the maximum fee rates until all principal and interest payments become current. Once all principal and interest payments are current, NMFS will make a determination about adjusting the fee rate. (iv) Reduction loan. et seq. (v) Collection. (vi) Record keeping and Reporting. (3) Agreement with Secretary. (f) Decisions of the Auditor and the FLCC. (1) The Auditor's examination of submitted applications, Offers, Prequalification Offers and Rankings shall be solely ministerial in nature. That is, the Auditor will verify whether the documents submitted by Subsector Members are, on their face, consistent with each other and the Database, in compliance with the requirements set forth in the Reduction Agreement, and, signed by an Authorized Party. The Auditor may presume the validity of all signatures on documents submitted. The Auditor shall not make substantive decisions as to compliance (e.g., whether an interim LLP License satisfies the requirements of the Act, or whether a discrepancy in the name appearing on LLP Licenses and other documents is material). (2) [Reserved] (g) Enforcement/specific performance. (h) Miscellaneous Time/Holidays. (2) Termination. (3) Choice of law/venue. (4) Incorporation. (5) Counterparts. (i) The facsimile signature of any party to the Reduction Agreement shall constitute the duly authorized, irrevocable execution and delivery of the Reduction Agreement as fully as if the Reduction Agreement contained the original ink signatures of the party or parties supplying a facsimile signature. (ii) [Reserved] (i) Amendment. (j) Warranties. (1) Subsector Member has had an opportunity to consult with Subsector Member's attorney or other advisors of Subsector Member with respect to the Reduction Agreement, the Reduction Contract, and the Act and the ramifications of the ratification of the Reduction Plan contemplated therein; (2) Subsector Member has full understanding and appreciation of the ramifications of executing and delivering the Reduction Agreement and, free from coercion of any kind by the FLCC or any of its members, officers, agents and/or employees, executes and delivers the Reduction Agreement as the free and voluntary act of Subsector Member; (3) The execution and delivery of the Reduction Agreement, does not and will not conflict with any provisions of the governing documents of Subsector Member; (4) The person executing the Reduction Agreement has been duly authorized by Subsector Member to execute and deliver the Reduction Agreement and to undertake and perform the actions contemplated herein; and (5) Subsector Member has taken all actions necessary for the Reduction Agreement to constitute the valid and binding obligation of Subsector Member, enforceable in accordance with its terms. (k) Approval of the reduction plan. (1) Be consistent with the requirements of Section 219(e) of the FY 2005 Appropriations Act (Public Law 108-447); (2) Be consistent with the requirements of Section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(a)) except for the requirement that a Council or Governor of a State request such a program (as set out in section 312(b)(1)) and for the requirements of section 312(b)(4); (3) Contain provisions for a fee system that provides for full and timely repayment of the capacity reduction loan by the Longline Subsector and that it provide for the assessment of such fees; (4) Not require a bidding or auction process; (5) Result in the maximum sustained reduction in fishing capacity at the least cost and in the minimum amount of time; and (6) Permit vessels in the Longline Subsector to be upgraded to achieve efficiencies in fishing operations provided that such upgrades do not result in the vessel exceeding the applicable length, tonnage, or horsepower limitations set out in Federal law or regulation. (l) Referenda. Appendix to § 600.1105—Fishing Capacity Reduction Contract: Bering Sea and Aleutian Islands Longline Catcher Processor Subsector Fishing Capacity Reduction Contract: Bering Sea and Aleutian Islands Longline Catcher Processor Subsector This agreement, (the “Reduction Contract”) is entered into by and between the party or parties named in section 46 of this contract entitled, “Fishing Capacity Reduction Offer Submission Form and Reduction Fishing Interests Identification,” as the qualifying Offeror and as the co-Offeror (if there is a co-Offeror) (collectively the “Offeror”) and the United States of America, acting by and through the Secretary of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Financial Services Division (“NMFS”). The Reduction Contract is effective when NMFS signs the Reduction Contract and, thereby, accepts the Offeror's offer, subject to the condition subsequent of NMFS' formal notification of a successful referendum. Witnesseth Whereas, Section 219, Title II, Division B of the Consolidated Appropriations Act, 2005, as enacted on December 8, 2004, (the “Act”) authorizes a fishing capacity reduction program implementing capacity reduction plans submitted to NMFS by catcher processor subsectors of the Bering Sea and Aleutian Islands (“BSAI”) non-pollock groundfish fishery as set forth in the Act; Whereas, the longline catcher processor subsector (the “Longline Subsector”) is among the catcher processor subsectors eligible to submit to NMFS a capacity reduction plan under the terms of the Act; Whereas, the Freezer Longline Conservation Cooperative (the “FLCC”) has developed and is submitting to NMFS concurrently with this Reduction Contract a capacity reduction plan for the Longline Subsector (the “Reduction Plan”); Whereas, the selection process will be pursuant to the fishing capacity Reduction Contract and the Reduction Plan; Whereas, the term “Reduction Fishery” is defined by the Reduction Plan as the longline catcher processor subsector of the BSAI non-pollock groundfish fishery; Whereas, the Reduction Plan's express objective is to permanently reduce harvesting capacity in the Reduction Fishery; Whereas, NMFS implements the Reduction Plan pursuant to Section 219 of the Act as well as the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)-(e))(as excepted by the Act, including inter alia, any requirement that the Reduction Plan include a bidding or auction process) and other applicable law; Whereas, NMFS has promulgated framework regulations generally applicable to all fishing capacity reduction programs, portions of which are applicable to the Reduction Plan, (50 CFR 600.1000 et seq. Whereas, NMFS can implement the Reduction Plan only after giving notice to all members of the Longline Subsector of the Reduction Plan pursuant to Section 219(3)(b) of the Act and approval of the Reduction Plan by referendum of the Longline Subsector; and Whereas, this Reduction Contract is submitted by Offeror and the FLCC as an integral element of the Reduction Plan and is expressly subject to the terms and conditions set forth herein, the framework regulations, the final rule (as used in this contract “final rule” means the final rule promulgated by NMFS which sets forth the regulations implementing the Reduction Plan for the Longline Subsector) and applicable law. Now therefore, for good and valuable consideration and the premises and covenants hereinafter set forth the receipt and sufficiency of which the parties to the Reduction Contract hereby acknowledge, and intending to be legally bound hereby, the parties hereto agree as follows: 1. Incorporation of Recitals. 2. Further Incorporation. 3. Contract Form. 4. Groundfish Reduction Permit. 5. Reduction Permit(s). 6. Reduction Privilege Vessel. 7. Reduction Fishing Privilege. 8. Reduction Fishing History. a. The Reduction Privilege Vessel's full and complete documented harvest of groundfish; b. For any documented harvest of the Reduction Privilege Vessel whatsoever, including that specified in section 8 of this contract, any right or privilege to make any claim in any way related to any fishery privilege derived in whole or in part from any such other and documented harvest which could ever qualify any party for any future limited access system fishing license, permit, and other harvest authorization of any kind; including without limitation crab LLP licenses linked to License Limitation Program (“LLP”) licenses, state fishing rights appurtenant to Reduction Fishing Vessels, and all fishing history associated therewith, but without prejudice to any party who before submission of this offer may have for value independently acquired the fishing history involving any such documented harvest; c. Any documented harvest on any other vessel (Reduction Fishing Vessel) that gave rise to the Groundfish Reduction Permit; and d. All fishing history associated with the latent LLP license identified on the Selected Offer and any fishing history associated with the fishing vessel that gave rise to the latent LLP license that remains in the Offeror's possession as of August 11, 2006 ( i.e. Federal Register 9. Halibut, Sablefish and Crab IFQs Excluded. 10. Representations and Warranties. a. The holder of record, according to NMFS' official fishing license records, at the time of offer, of the Groundfish Reduction Permit and the Reduction Permit(s). b. The Reduction Privilege Vessel's owner of record, according to the National Vessel Documentation Center's official vessel documentation records, at the time of offer, and that the Reduction Privilege Vessel is neither lost nor destroyed at the time of offer. c. In retention of and fully and legally entitled to offer and dispose of hereunder, full and complete rights to the Reduction Privilege Vessel's full and complete Reduction Fishing History necessary to fully and completely comply with the requirements of section 8 of this contract. 11. Offer Amount. 12. Additional Offer Elements. 13. Use of Official Fishing License or Permit Databases. Determine the Offeror's address of record; verify the Offeror's qualification to offer; determine the holder of record of the Groundfish Reduction Permit and Reduction Permit(s); and verify the Offeror's inclusion in the offer of all permits and licenses required to be offered in the Offer. 14. Use of National Vessel Documentation Center Database. 15. Offeror to Ensure Accurate Records. 16. Submissions are Irrevocable. 17. Offer Rejection. 18. Notarized Offeror Signature(s) Required. 19. Offer Rejections Constitute Final Agency Action. 20. Effect of Offer Submission. 21. Offeror Retains Use. 22. Acceptance by Referendum. 23. Reduction Contract Subject to Federal Law. 24. Notice to Creditors. 25. Referendum. 26. Unsuccessful Referendum Excuses Performance. 27. Offeror Responsibilities upon Successful Referendum. 28. Written Payment Instructions. 29. Request for Written Payment Instructions Constitutes Tender. 30. Offeror Responsibilities upon Tender. 31. Reduction Privilege Vessel Lacking Federal Documentation. 32. Future Harvest Privilege and Reduction Fishing History Extinguished. 33. Post Tender Use of Federally Documented Reduction Privilege Vessel. 34. NMFS' Actions upon Tender. 35. Material Disputes to be Identified. 36. Reduction Payment Disbursement. 37. Reduction Payment Withheld for Scrapping or for Other Reasons. 38. Offeror Assistance with Restriction. 39. Recordation of Restrictions. 40. Reduction Element Omission. 41. Remedy for Breach. 42. Waiver of Data Confidentiality. 43. Oral Agreement Invalid. 44. Severable Provisions. 45. Disputes. 46. Fishing Capacity Reduction Offer Submission Form and Reduction Fishing Interests Identification. a. Completion and Submission. b. Offeror Information. (1) Offeror name(s). Each name the Offeror inserts must be the full and exact legal name of record of each person, partnership, corporation or other business entity identified on the offer. If any Reduction Fishing Interest element is co-owned by more than one person, partnership, corporation or other business entity, the Offeror must insert each co-owner's name. In each case, the Offeror is the holder of record, at the time of Offeror's execution of this Reduction Contract, of the Groundfish Reduction Permit and the Reduction Permit(s). A co-Offeror is not allowed for either the Groundfish Reduction Permit or the Reduction Permit(s). If the Offeror is also the owner of record, at the time of offering, of the Reduction Privilege Vessel, the qualifying Offeror is the sole Offeror. If, however, the owner of record, at the time of execution of this Reduction Contract, of the Reduction Privilege Vessel is not exactly the same as the Offeror, then the owner of record is the co-Offeror; and the Offeror and the co-Offeror jointly offer together as the Offeror. OFFEROR NAME(S) Check appropriate box for each name listed in the adjacent column Offeror Co-Offeror (1) (2) (3) (4) (5) (2) Offeror address(s) of record. OFFEROR ADDRESS(S) Check appropriate box for each address listed in the adjacent column Offeror Co-Offeror (1) (2) (3) (4) (5) (3) Offeror business telephone number(s). OFFEROR BUSINESS TELEPHONE NUMBER(S) Check appropriate box for each telephone number listed in the adjacent column Offeror Co-Offeror (1) (2) (3) (4) (5) (4) Offeror electronic mail address(s) (if available). OFFEROR E-MAIL ADDRESS(S) Check appropriate box for each e-mail address listed in the adjacent column Offeror Co-Offeror (1) (2) (3) (4) (5) c. LLP license number for Groundfish Reduction Permit. LLP LICENSE NUMBER(S) AND FISHERY(S) OF Of LLP LICENSE(S) SPECIFIED AS GROUNDFISH REDUCTION PERMIT(S) License Fishery(s) (1) (2) (3) (4) (5) d. License number(s) for Reduction Permit(s). LLP LICENSE NUMBER(S) AND FISHERY OF LICENSE(S) SPECIFIED AS REDUCTION PERMITS License Fishery(s) (1) (2) (3) (4) (5) e. Reduction Fishing History. NAMES(S) AND OFFICIAL NUMBER OF REDUCTION PRIVILEGE VESSEL AND NAME(S) AND OFFICIAL NUMBER(S) OF ANY VESSEL FROM WHICH FISHING HISTORY WAS ACQUIRED FOR EACH REDUCTION PRIVILEGE VESSEL IN 1ST COLUMN PROVIDE FROM TO DATE OF EACH FISHING HISTORY OFFEROR POSSESSES FOR EACH FISHING HISTORY IN 2ND COLUMN License No. of each Groundfish Reduction Permit and Reduction Permit(s) associated with each vessel involved If Reduction Privilege Vessel acquired fishing history from another party, provide name of party, manner in which acquired, and date acquired (1) (2) (3) (4) (5) f. Reduction Privilege Vessel. Enclose with the Reduction Contract an exact photocopy of such vessel's official certificate of documentation. REDUCTION PRIVILEGE VESSEL Check appropriate ownership box below Official name Official No. Offeror Co-Offeror (if any) g. Offer Amount. OFFER AMOUNT [U.S. DOLLARS] In words In numbers h. Reduction Contract Signature. The Offeror expressly acknowledges that NMFS' acceptance of the Offeror's offer hereunder and NMFS' tender, following a successful referendum, of a reduction payment in the same amount specified in section 46.g of this contract (less any sum withheld for scrapping any Reduction Privilege Vessel lacking Federal documentation or for any other purpose) to the Offeror shall, among other things, render the Reduction Privilege Vessel permanently ineligible or any fishing worldwide, including, but not limited to, fishing on the high seas or in the jurisdiction of any foreign country while operating under United States flag, and shall impose or create other legal and contractual restrictions, impediments, limitations, obligations, or other provisions which restrict, revoke, withdraw, invalidate, or extinguish by other means (as NMFS deems appropriate) the complete Reduction Fishing Interest and any other fishery privileges or claims associated with the Groundfish Reduction Permit, any Reduction Permit(s), the Reduction Privilege Vessel, and the Reduction Fishing History—all as more fully set forth in the Reduction Contract, applicable regulations, and the applicable law. By completing and signing the Reduction Contract, the Offeror expressly acknowledges that the Offeror has fully and completely read the entire Reduction Contract. The Offeror expressly states, declares, affirms, attests, warrants, and represents to NMFS that the Offeror is fully able to enter into the Reduction Contract and that the Offeror legally holds, owns, or retains, and is fully able under the Reduction Contract provisions to offer and dispose of, the full Reduction Fishing Interest which the Reduction Contract specifies and the applicable regulations, and the applicable law requires that any person or entity completing the Reduction Contract and/or signing the Reduction Contract on behalf of another person or entity, expressly attests, warrants, and represents to NMFS that such completing and/or signing person or entity has the express and written permission or other grant of authority to bind such other person or entity to the Reduction Contract's terms and conditions. The Offeror expressly attests, warrants, and represents to NMFS that every co-owner of the Offeror necessary to constitute the Offeror's full and complete execution of the Reduction Contract has signed the Reduction Contract. The Offeror expressly attests, warrants, and represents to NMFS that the Offeror: Fully understands the consequences of submitting the completed Reduction Contract of which it is a party to NMFS; pledges to abide by the terms and conditions of the Reduction Contract; and is aware of, understands, and consents to, any and all remedies available to NMFS for the Offeror's breach of the Reduction Contract or submission of an offer which fails to conform with the Reduction Contract, final rule, applicable regulations and the applicable law. The Offeror expressly attests, warrants, and represents to NMFS that all information which the Offeror inserted in the Reduction Contract is true, accurate, complete, and fully in accordance with the Reduction Contract, final rule, other applicable regulations and the applicable law. In witness whereof, the Offeror has, in the place provided below, executed the Reduction Contract either as an Offeror offering alone or as an Offeror and co-Offeror (if there is a co-Offeror) jointly offering together, in accordance with the requirements specified above, and on the date written below. The Reduction Contract is effective as of the date NMFS accepts the Offeror's offer by signing the Reduction Contract. The Offeror and co-Offeror (if there is a co-Offeror) must each sign the Reduction Contract exactly as instructed herein. Each co-owner (if there is a co-owner) of each Offeror and co-Offeror (if there is a co-Offeror) must also sign the Reduction Contract exactly as instructed herein. A notary public must, for each person or entity signing on behalf of the Offeror, complete and sign the acknowledgment and certification provision associated with each such person or entity's signature. I. Offeror and co-Offeror's (if there is a co-Offeror) signature(s) and notary's acknowledgment(s) and certification(s). OFFEROR'S SIGNATURE AND NOTARY'S ACKNOWLEDGMENT AND CERTIFICATION OFFEROR SIGNATURE Check appropriate column for each signature in 1st column NOTARY SIGNATURE Qualifying Offeror Co-Offeror (if any) (1) (2) (3) II. United States of America's signature. Dated: By: Leo C. Erwin, Chief, Financial Services Division, National Marine Fisheries Service. [71 FR 57701, Sept. 29, 2006] § 600.1106 Longline catcher processor subsector Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish species fee payment and collection system. (a) Purpose. (1) In accordance with § 600.1012, establish: (i) The borrower's obligation to repay a reduction loan, and (ii) The loan's principal amount, interest rate, and repayment term; and (2) In accordance with §§ 600.1013 through 600.1016, implement an industry fee system for the reduction fishery. (b) Definitions. Reduction fishery (c) Reduction loan amount. (d) Interest accrual from inception. (e) Interest rate. (f) Repayment term. (g) Reduction loan repayment. (2) For the purpose of the fee collection, deposit, disbursement, and accounting requirements of this subpart, subsector members are deemed to be both the fish buyer and fish seller. In this case, all requirements and penalties of § 600.1013 that are applicable to both a fish seller and a fish buyer shall equally apply to parties performing both functions; (3) Subsector members in the reduction fishery shall pay and collect the fee amount in accordance with § 600.1105; (4) Subsector members in the reduction fishery shall, in accordance with § 600.1014, deposit and disburse, as well as keep records for and submit reports about, the fees applicable to such fishery; except the requirements specified under paragraph (c) of this section concerning the deposit principal disbursement shall be made to NMFS no later than fifteen (15) calendar days following the end of each calendar month; and the requirements specified under paragraph (e) of this section concerning annual reports which shall be submitted to NMFS by February 1 of each calendar year; and (5) The reduction loan is, in all other respects, subject to the provisions of §§ 600.1012 through 600.1017. [72 FR 54222, Sept. 24, 2007] § 600.1107 Southeast Alaska Purse Seine Salmon Fishery capacity reduction program, including fee payment and collection system. (a) Purpose. (b) Definitions. Acceptance Act Authorized party Bid Bid amount Bidder Commercial Fisheries Entry Commission (CFEC) CFEC documents Conditional notice Conditional relinquishment Fishery Magnuson-Stevens Act et seq. Permit (Southeast Salmon Purse Seine Entry Permit) Permit holder Reduction fishery Reduction loan Reduction loan amount Reduction plan Relinquishment contract Secretary Southeast Revitalization Association (SRA) (c) Enrollment in the capacity reduction program Distribution. (2) Application. (i) A fully executed Bid consistent with Appendix A to this section; (ii) A photocopy of the permit evidencing the applicant's qualification as a participant in the fishery; (iii) A fully executed Relinquishment Contract: Southeast Alaska Salmon Purse Seine Permit Holders consistent with the appendix B to this section; (iv) A fully executed Conditional Notice to CFEC and Request by Permit Holder consistent with the appendix C to this section; and (v) A fully executed Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit consistent with the appendix D to this section. (A) The submitted Bid shall include the following information: Name, address, telephone number, social security number, and (if available) electronic mail address of the submitting Permit Holder, permit number, and whether any authorized party holds a security interest in the permit. Each application must be submitted to the SRA, c/o Elgee, Rehfeld, Mertz, LLC, Professional Plaza Building B, 9309 Glacier Highway, Suite B-200, Juneau, Alaska 99801. The initial determination that an application conforms to the prescribed requirements is made by this independent accounting firm and not the SRA. (B) The SRA or the independent accounting firm will notify the Permit Holder if the Bid is non-conforming and, in such cases, the Permit Holder may submit a revised, conforming Bid within the prescribed period ( i.e., (3) Enrollment period. (4) Effective date. (5) Notice. (6) Conflicts. (d) Bid selection process. (1) Overview. (i) During the selection process, the SRA in consultation with the CFEC shall examine each submitted Bid for consistency and the necessary elements, including the validity of the permit and whether any authorized party holds a security interest in the permit. (ii) [Reserved] (2) Bids. (i) If a Permit Holder holds more than one permit, the Permit Holder must submit a separate Bid for each permit that he/she offers to relinquish. (ii) By submitting a Bid, the Permit Holder warrants and represents that he/she has read and understands the terms of the Program Regulations, Bid, Relinquishment Contract, Conditional Notice and Conditional Relinquishment, and has had the opportunity to seek independent legal counsel regarding such documents and the consequences of submitting the Bid Agreement. (3) Ranking. (4) Acceptance and post-acceptance restriction of renewals and transfers. (e) Plan submission and approval Submitting the reduction plan. (2) Required findings. (3) The referendum. Federal Register (i) Such notice shall state the name and address of record of each eligible voter, as well as the basis for having determined the eligibility of those voters. This shall constitute notice and opportunity to respond about adding eligible voters, deleting ineligible voters, and/or correcting any voter's name and address of record, and will provide a 15 day period to make these changes. If, in NMFS' discretion, the comments received in response to such notice warrants it, or for other good cause, NMFS may modify such list by publishing another notice in the Federal Register. (ii) A successful referendum by a majority of the Permit Holders in the Reduction Fishery shall bind all parties and complete the reduction process. NMFS shall publish a notice in the Federal Register (iii) The provisions of § 600.1010 and § 600.1017(a)(1)-(4) shall apply to any referendum on the Reduction Plan of this section to the extent that they do not conflict with this section or with subpart M of this part. (f) Implementation Reduction payments. (2) Repayment term. (3) Loan repayment. (i) Interest. (ii) Fees. (A) Fees must be assessed and collected on all salmon harvested in the fishery. Although the fee could be up to three percent of the ex-vessel price of all post-reduction landings, the fee will be less than three percent if NMFS projects that a lesser rate can amortize the Reduction Loan over the 40-year term. To verify that the fees collected do not exceed three percent of the fishery revenues, NMFS will compare the annual total of principal and interest due with the latest available annual revenues in the fishery to ensure that it is equal to or less than three percent of the total ex-vessel production revenues. In the event that any of the components necessary to calculate the next year's fee are not available, or postponed, the fee will remain at the previous year's amount until such time as new calculations are made and communicated to the post-reduction fishery participants. (B) If the fishery does not open during a year, interest will continue to accrue on the principal balance even though no fee revenue will be generated. When this happens, if the fee is not already at the maximum three percent, NMFS shall increase the fee to the maximum three percent, apply all subsequent fee revenue first to the payment of accrued interest, and continue the maximum fee rates until the principal and interest payments become current. Once all principal and interest payments are current, NMFS will make a determination about adjusting the fee rate. (iii) Collection. (iv) Recordkeeping and reporting. (A) All requirements and penalties set forth in the provisions of §§ 600.1013 (Fee payment and collection), 600.1014 (Fee collection deposits, disbursements, records, and reports), 600.1015 (Late charges), and 600.1017 (Prohibitions and penalties) shall apply to any dealer who purchases salmon in the fishery, and to any fee collection under this section, to the extent they do not conflict with this section or with subpart M of this part. (B) [Reserved] (g) Specific performance under the relinquishment contract. (h) Enforcement for failure to pay fees. (i) Prohibitions and penalties. Appendix A to § 600.1107—Bid This Bid (Bid) is entered between the individual named in section III, 11(a) of the Agreement and the Southeast Revitalization Association (SRA). I. Definitions Unless otherwise defined, the following terms have the following meanings for the purpose of this Agreement. Acceptance Act Bid Bid amount Bidder Conditional notice Conditional relinquishment Fishery Permit Permit holder Reduction plan Referendum Relinquishment contract Secretary Southeast Revitalization Association (SRA) II. Recitals Whereas Alaska Statute 16.40.250 and the Act authorize a fishing capacity reduction program for the fishery; Whereas, within 30 days of concluding the selection process, the SRA shall submit the Reduction Plan, together with supporting documents and rationale, to NMFS for final approval on behalf of the Secretary; Whereas, the reduction Plan's express objective is to reduce fishing capacity by permanently revoking permits thereby promoting economic efficiency, improving flexibility in the conservation and management of the fishery and obtain the maximum reduction in permits at the least cost; Whereas, the SRA can implement the Reduction Plan only after giving notice to all Permit Holders and subsequent approval of the reduction Plan by referendum. Whereas, the Agreement submitted by the bidder and the SRA is an integral element of the Reduction Plan. Now, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the SRA and bidder agree as follows: III. Terms and Conditions 1. Form. 2. Irrevocable. 3. Warranty. 4. Validity. i.e., 5. Ranking. 6. Acceptance and Rejection. 7. Restriction of Transfer of permit: 8. Payment. 9. Specific Performance. 10. Submission. 11. Complete Bid Information: (a) BIDDER'S NAME. This must be the full and exact legal name of record of the person bidding. Insert the name of the bidder. (b) BIDDER'S ADDRESS OF RECORD. Insert the full and exact address of record for the bidder. (c) BIDDER'S TELEPHONE NUMBER. Insert the full and exact telephone number of the bidder. (d) BIDDER'S ELECTRONIC MAIL ADDRESS (if available). Insert the full and exact e-mail address of the bidder. (e) PERMIT. Insert the full and exact permit number(s) of the bidder. Enclose with this Bid an exact photocopy of the permit. (f) BID AMOUNT. Insert, in U.S. dollars, the bid's full and exact amount, both in words and numbers. In words In numbers $ (g) SECURITY INTERESTS. Insert the name of any authorized third party that may hold a security interest in the permit. (h) SOCIAL SECURITY NUMBER. Insert the full and exact social security number of the bidder. (i) BID SIGNATURE. In compliance with applicable law and this Bid, the bidder submits the above bid amount as an offer to the SRA for the permanent relinquishment of his/her permit. By completing the sections above and signing below, the bidder acknowledges that the bidder has completely reviewed this Bid and attachments. The bidder warrants that the bidder is fully able to enter into the Relinquishment Contract. The bidder expressly warrants and attests that all information included herein is accurate. Signature Printed Name Date of Signature State of: ________________ County/Borough of: ________________ I certify that ________________________ is the person who appeared before me and said person acknowledged that he/she signed this Bid and on oath stated that he/she was authorized to execute such document and acknowledged it to be the free and voluntary act of him/her for the uses and purposes mentioned in such document. Notary Public's Signature: ________________________Dated: ____________ My Commission Expires: ________________________ 12. SRA SIGNATURE. By signing below, the SRA acknowledges acceptance of this Bid, including the bidder's bid amount. Signature Printed Name Date of Signature Appendix B to § 600.1107—Relinquishment Contract: Southeast Alaska Salmon Purse Seine Permit Holders This Relinquishment Contract (“Contract”) and agreement is entered into between the Southeast Revitalization Association (“SRA”) and the bidder named in Section 11(a) of the Bid. The contract is effective when the bidder signs the Bid and this contract and, thereby, agrees to relinquish his/her permit, issued by the Alaska Commercial Fisheries Entry Commission (“CFEC”) for the Southeast Alaska salmon purse seine fishery (“fishery”). Whereas Alaska Statute 16.40.250 and Federal law authorize a fishing capacity reduction program for the fishery; Whereas, upon accepting and signing the Bid, the SRA shall submit a Reduction Plan to NMFS; Whereas, the Reduction Plan's express objective is to reduce fishing capacity by permanently revoking permits thereby promoting economic efficiency, improving flexibility in the conservation and management of the fishery and obtain the maximum reduction in permits at the least cost; Whereas, this contract is subject to the terms and conditions set forth herein, including the CFEC forms marked as Appendices C and D to § 600.1107; Now, therefore, for valuable consideration and the covenants hereinafter set forth, the parties hereto agree as follows: 1. The foregoing, including the Bid and specifically the definitions under section 1, are expressly incorporated herein by this reference. 2. Under AS 16.43.150(i), the Bidder agrees to permanently relinquish and have the CFEC revoke the permit. 3. The Bidder represents that, as of the date of submitting the contract, he or she is the holder of record of the permit according to the CFEC official permit records. 4. Upon notification by the SRA to the Bidder that the SRA accepted the bid; the SRA will submit to the CFEC the Permit Holder's executed notice form (Appendix C to § 600.1107) and executed relinquishment form (Appendix D to § 600.1107). 5. In the event an authorized third party holds a security interest in the permit, NMFS will not make payment until receiving notice of written consent by the third party to the SRA and the CFEC on a form provided by the CFEC. 6. NMFS' payment to the accepted bidder in the exact amount of the accepted bid amount is full and complete consideration for the CFEC revoking the permit. 7. The bidder shall, upon the SRA or the CFEC request, furnish such additional documents, information, or take such other actions as may be reasonably required to enable the CFEC to implement relinquishment of the permit. 8. The bidder consents to the public release of any information provided in connection with the contract or program requirements after completion of the plan. 9. The contract contains the final terms and conditions of this agreement between the parties and represents the entire and exclusive agreement between them. 10. The contract terms are severable, and, in the event that any portion of the contract is held to be unenforceable, the remaining portion shall remain fully enforceable against the parties. 11. Any and all disputes involving the contract shall be governed by laws of the State of Alaska. The bidder expressly acknowledges that by submitting the Bid, he/she makes an irrevocable offer to relinquish the permit, and once having submitted the Bid, is not entitled to withdraw or in any way amend the Bid. 12. The failure of a bidder to perform his/her obligations under the Bid will result in irreparable damage to the SRA and its members upon submittal of the Plan to the Secretary for approval. Accordingly, the SRA and the bidder expressly acknowledge that money damages are an inadequate means of redress and agree that upon failure of the bidder to fulfill his/her obligations under the Bid that specific performance of those obligations may be obtained by suit in equity brought by the SRA in any court of competent jurisdiction without obligation to arbitrate such action. Bidder's Signature and Notary's Acknowledgement and Certification Bidder signature Notary signature (1) Sign (1) Sign (2) Print the following: (2) Print the following: (a) signer's name (a) name (b) signing date (b) signing date (c) state and city/borough (3) date commission expires, and State and city/borough. Each notary signature attests to the following: “I certify that I know or have satisfactory evidence that the person who is signed in the 1st column of this same row is the person who appeared before me and: (1) Acknowledged his/her signature; (2) on oath, stated that he/she was authorized to sign; and (3) acknowledged that he/she did so freely and voluntarily.” (1) (1) (2)(a) (2)(a) (2)(b) (2)(b) (2)(c) (3) II. Southeast Revitalization Association signature Southeast Revitalization Association Dated: By: Appendix C to § 600.1107—Conditional Notice to CFEC and Request by Permit Holder In support of my Bid to the Southeast Revitalization Association (SRA), I have executed this Conditional Notice and request and authorize the Southeast Revitalization Association (SRA) to submit this executed document to the Alaska Commercial Fisheries Entry Commission (CFEC) in the event that the SRA accepts my bid to permanently relinquish my Southeast Salmon Purse Seine Entry Permit under AS 16.43.150(i). I hereby notify the CFEC that the SRA has accepted my Bid to permanently relinquish my Southeast Salmon Purse Seine Entry Permit #______________. I request the CFEC: (1) not to renew my above-identified entry permit; and (2) not to authorize any transfer of my entry permit. DATED this ______ day of __________ , 2011. (Permit Holder/Bidder) SUBSCRIBED AND SWORN TO before me this ______ day of __________ , 2011. Notary Public, State of __________________ My commission expires: ______________ Appendix D to § 600.1107—Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit [AS 16.43.150( i Upon satisfaction of the conditions that the Southeast Revitalization Association (SRA) accepts my bid and that NMFS agrees to pay my full bid amount to me, the SRA may submit this executed Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit to the Commercial Fisheries Entry Commission. I fully understand this relinquishment of my permanent entry permit #______________ under AS 16.43.150(i) is permanent, and I will not be able to reinstate the permit. DATED this ______ day of __________ , 2011. (Permit Holder/Bidder) SUBSCRIBED AND SWORN TO before me this ______ day of __________ , 2011. Notary Public, State of __________________ My commission expires: ______________ [76 FR 61990, Oct. 6, 2011] § 600.1108 Longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery program. (a) Purpose. (b) Definitions. Reduction fishery (c) Capacity Reduction Program. (1) Loan repayment Term. (ii) Interest. (iii) Fees. (A) The fee will be expressed in cents per pound rounded up to the next one-tenth of a cent. For example: If the principal and interest due equal $2,900,000 and the Longline Subsector portion equals 100,000 metric tons, then the fee per round weight pound of Pacific cod will equal 1.4 cents per pound. [2,900,000/(100,000 × 2,205) = .01315]. The fee will be assessed and collected on Pacific cod to the extent possible and if not, will be assessed and collected as provided for in paragraph (c)(1)(iii)(B) of this section. (B) Fees must be assessed and collected on Pacific cod used for bait or discarded. Although the fee could be up to 5 percent of the ex-vessel production value of all post-reduction Longline Subsector landings, the fee will be less than 5 percent if NMFS projects that a lesser rate can amortize the fishery's reduction loan over the reduction loan's 30-year term. In the event that the total principal and interest due exceeds 5 percent of the ex-vessel Pacific cod revenues, a standardized additional fee will be assessed. The additional fee shall be one cent per pound round weight, which is calculated based on the latest available revenue records and NMFS conversion factors for pollock, arrowtooth flounder, Greenland turbot, skate, yellowfin sole and rock sole. (C) To verify that the fees collected do not exceed 5 percent of the fishery revenues, the annual total of principal and interest due will be compared to the latest available annual Longline Subsector revenues. In the event that any of the components necessary to calculate the next year's fee are not available, or for any other reason NMFS believes the calculation must be postponed, the fee will remain at the previous year's amount until such a time that new calculations are made and communicated to the post-reduction fishery participants. (D) It is possible that the fishery may not open during some years and no Longline Subsector portion of the ITAC is granted. Consequently, the fishery will not produce fee revenue with which to service the reduction loan during those years. However, interest will continue to accrue on the principal balance. When this happens, if the fee rate is not already at the maximum 5 percent, NMFS will increase the fishery's fee rate to the maximum 5 percent of revenue for Pacific cod, apply all subsequent fee revenue first to the payment of accrued interest, and continue the maximum fee rates until all principal and interest payments become current. Once all principal and interest payments are current, NMFS will make a determination about adjusting the fee rate. (iv) Reduction loan. (v) Collection. (vi) Recordkeeping and reporting. (2) Agreement with Secretary. (d) Decisions of the Auditor and the FLCC. (1) The Auditor's examination of submitted applications, Offers, Prequalification Offers and Rankings was solely ministerial in nature. That is, the Auditor verified whether the documents submitted by Subsector Members were, on their face, consistent with each other and the Database, in compliance with the requirements set forth in the Reduction Agreement, and signed by an Authorized Party. The Auditor presumed the validity of all signatures on documents submitted. The Auditor made no substantive decisions as to compliance (e.g., whether an interim LLP License satisfies the requirements of the Act, or whether a discrepancy in the name appearing on LLP Licenses and other documents was material). (2) [Reserved] (e) Specific performance. (f) Miscellaneous Termination. (2) Choice of law/venue. (3) Incorporation. (4) Counterparts. (i) The facsimile signature of any party to the Reduction Agreement shall constitute the duly authorized, irrevocable execution and delivery of the Reduction Agreement as fully as if the Reduction Agreement contained the original ink signatures of the party or parties supplying a facsimile signature. (ii) [Reserved] (g) Amendment. (h) Warranties. (1) The Offeror has had an opportunity to consult with an attorney or other advisors with respect to the Reduction Agreement, the Reduction Contract, and the Act and the ramifications of the ratification of the Reduction Plan contemplated therein; (2) The Offeror has full understanding and appreciation of the ramifications of executing and delivering the Reduction Agreement and, free from coercion of any kind by the FLCC or any of its members, officers, agents and/or employees, executes and delivers the Reduction Agreement as the free and voluntary act of the Offeror; (3) The execution and delivery of the Reduction Agreement, does not and will not conflict with any provisions of the governing documents of the Offeror; (4) The person executing the Reduction Agreement has been duly authorized by the Offeror to execute and deliver the Reduction Agreement and to undertake and perform the actions contemplated herein; and (5) The Offeror has taken all actions necessary for the Reduction Agreement to constitute a valid and binding obligation, enforceable in accordance with its terms. (i) Approval of the Reduction Plan. (1) Be consistent with the requirements of section 219(e) of the FY 2005 Appropriations Act (Pub. L. 108-447); (2) Be consistent with the requirements of section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(a)) except for the requirement that a Council or Governor of a State request such a program (as set out in section 312(b)(1)) and for the requirements of section 312(b)(4); (3) Contain provisions for a fee system that provides for full and timely repayment of the capacity reduction loan by the Longline Subsector and that it provide for the assessment of such fees; (4) Not require a bidding or auction process; (5) Result in the maximum sustained reduction in fishing capacity at the least cost and in the minimum amount of time; and (6) Permit vessels in the Longline Subsector to be upgraded to achieve efficiencies in fishing operations provided that such upgrades do not result in the vessel exceeding the applicable length, tonnage, or horsepower limitations set out in Federal law or regulation. (j) Referendum. (k)(1) Fee payment and collection system. (i) The subsector members' obligation to repay the reduction loan, and (ii) The loan's principal amount, interest rate, and repayment term; and (iii) In accordance with §§ 600.1013 through 600.1016, implements an industry fee system for the reduction fishery. (2) Reduction loan amount. (3) Interest accrual from inception. (4) Interest rate. (5) Repayment terms. (6) Reduction loan repayment. (i) Subsector members in the reduction fishery shall collect and pay the fee amount in accordance with § 600.1105; (ii) Subsector members in the reduction fishery shall deposit and disburse, as well as keep records for and submit reports about, the applicable fees in accordance with § 600.1014, except the requirements under paragraphs (c) and (e) of this section. All collected fee revenue a fish buyer collects to repay the loan identified in paragraph (c) of this section shall be made to NMFS no later than fifteen (15) calendar days following the end of each calendar month. The annual reports identified in paragraph (e) of this section shall be submitted to NMFS by February 1 of each calendar year. (iii) The reduction loan is, in all other respects, subject to the provisions of §§ 600.1012 through 600.1017. (l) Enforcement for failure to pay fees. [77 FR 58779, Sept. 24, 2012] Subpart N—Shark Fin Removal, Possession, Transfer and Landing Source: 81 FR 42289, June 29, 2016, unless otherwise noted. § 600.1200 Purpose and scope. The regulations in this subpart implement the Shark Conservation Act of 2010. § 600.1201 Relation to other laws. (a) Regulations pertaining to conservation and management (including record keeping and reporting) for certain shark fisheries are also set forth in parts 635 (for Federal Atlantic Ocean, Gulf of America, and Caribbean shark fisheries), 648 (for spiny dogfish fisheries), 660 (for fisheries off West Coast states), and 665 (for fisheries in the western Pacific) of this chapter. (b) This subpart does not apply to an individual engaged in commercial fishing for smooth dogfish ( Mustelus canis (c) This subpart does not supersede state laws or regulations governing conservation and management of state shark fisheries in state waters. § 600.1202 Definitions. (a) In addition to the definitions in the Magnuson-Stevens Act and in § 600.10, the terms used in this subpart have the following meanings: Fin Land or landing Naturally attached, (b) If there is any difference between a definition in this section and in § 600.10, the definition in this section is the operative definition for the purposes of this subpart. § 600.1203 Prohibitions. (a) It is unlawful for any person to do, or attempt to do, any of the following: (1) Remove a fin at sea. (2) To have custody, control, or possession of a fin, aboard a fishing vessel, unless the fin is naturally attached. (3) Transfer a fin from one vessel to another vessel at sea unless the fin is naturally attached. (4) Receive a fin in a transfer from one vessel to another vessel at sea unless the fin is naturally attached. (5) Land a fin unless the fin is naturally attached. (6) Land a shark carcass without all of its fins naturally attached. (7) Possess, purchase, offer to sell, or sell fins or shark carcasses taken, transferred, landed, or possessed in violation of this section. (8) When requested, fail to allow an authorized officer or any employee of NMFS designated by a Regional Administrator, or by the Director of the Office of Sustainable Fisheries in the case of the Atlantic Highly Migratory Species, access to or inspection or copying of any records pertaining to the landing, sale, transfer, purchase, or other disposition of fins or shark carcasses. (b) For purposes of this section, it is a rebuttable presumption that: (1) If a fin is found aboard a vessel, other than a fishing vessel, without being naturally attached, such fin was transferred in violation of this section. (2) If, after landing, the total weight of fins landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of this section. Subpart O—Limited Access Privilege Programs Authority: 16 U.S.C. 1801 et seq. Source: 73 FR 75973, Dec. 15, 2008, unless otherwise noted. §§ 600.1300-600.1309 [Reserved] § 600.1310 New England and Gulf Individual Fishing Quota Referenda. (a) Purpose and scope. (b) Initiating IFQ referenda. (2) To initiate a referendum on a proposed IFQ program: (i) The relevant Council must have held public hearings on the FMP or FMP amendment in which the IFQ program is proposed; (ii) The relevant Council must have considered public comments on the proposed IFQ program; (iii) The relevant Council must have selected preferred alternatives for the proposed IFQ program; (iv) The chair of the Council with jurisdiction over such proposed IFQ fishery must request a referendum on the proposed IFQ program in a letter to the appropriate NMFS Regional Administrator; (v) The letter requesting initiation of a referendum must recommend voter eligibility criteria that are consistent with the applicable requirements of paragraph (c)(1) of this section and may also include recommended criteria for vote weighting. The letter must provide the rationale supporting the Council's recommendation, as well as such additional information and analyses as needed, consistent with applicable law and provisions of this section. If a Council recommends vote weighting criteria, the letter should fully describe the rationale for and the expected effects of such weighting on the referendum; (vi) NEFMC referenda initiation letters must: recommend criteria that are consistent with paragraph (c)(2)(iii) of this section for NMFS to use in determining the eligibility of other fishery participants to vote in the referendum; include the minimum percentage of a crew member's total income that must have been earned during the eligibility periods in the proposed IFQ fishery as discussed in paragraph (c)(2)(ii) of this section; and include criteria for “referendum eligible vessels” as described in paragraph (c)(2)(i) of this section; and (vii) GFMC letters initiating referenda of multispecies permit holders in the Gulf of America must include recommended criteria to be used in identifying those permit holders who have substantially fished the species to be included in the proposed IFQ program, along with alternatives to the recommendation, and supporting analyses. Guidelines for developing such recommendations are provided at paragraph (c)(3) of this section. (3) Following a referendum that has failed to approve the IFQ proposal, any request from a Council for a new referendum in the same fishery must include an explanation of the substantive changes to the proposed IFQ program or the changes of circumstances in the fishery that would warrant initiation of an additional referendum. (c) Referenda voter eligibility Permit holders and other fishery participants. (ii) Holders of multispecies permits in the Gulf of America must have substantially fished the species proposed to be included in the IFQ program to be eligible to vote in a referendum on the proposed program. (iii) When developing eligibility criteria for permit holders in an IFQ program referendum, the relevant Council or Secretary must consider, but is not limited to considering: (A) The full range of entities likely to be eligible to receive initial quota allocation under the proposed IFQ program; (B) Current and historical harvest and participation in the fishery; and (C) Other factors as may be determined by the Council with jurisdiction over the fishery for which an IFQ program is proposed to be relevant to the fishery and to the proposed IFQ program. (2) Crew member eligibility in NEFMC IFQ referenda. (ii) To be eligible to vote in an NEFMC IFQ referendum, crew members must meet the following requirements: (A) The crew member must have worked aboard a referendum-eligible vessel at sea, during the qualifying period(s), while the vessel was engaged in fishing; (B) If requested, the crew member must produce documentary proof of employment or service as a crew member and income during the qualifying periods. Documents that may be required include, but are not limited to, signed crew contracts, records of payment, settlement sheets, income tax records, a signed statement from the permit holder, and other documentary evidence of the period of employment and the vessel upon which the crew member worked; (C) During the qualifying period(s), the crew member must have derived a percentage of his/her total income from the fishery under the proposed IFQ program that is equal to or greater than the percentage determined to be significant relative to the economic value and employment practices of the fishery; and (D) Any additional eligibility criteria promulgated by the NMFS. (iii) When developing criteria for determining whether other fishery participants, including crew members, may participate in a NEFMC IFQ referendum, the Council or Secretary must consider, but is not limited to considering: (A) The full range of entities likely to be eligible to receive initial quota under the proposed IFQ program; (B) A crew member's current and historical participation in the fishery aboard a referendum-eligible vessel; (C) The economic value of the proposed IFQ fishery, employment practices in the proposed IFQ fishery, and other economic and social factors that would bear on a determination of what percentage of a crew member's total income from the fishery should be considered significant for the purposes of this section; (D) The availability of documentary proof of employment and income to validate eligibility; and (E) Any other factors as may be determined by the Council to be relevant to the fishery and the proposed IFQ program. (3) GFMC's substantially fished criterion. (i) Current and historical harvest and participation in the fishery; (ii) The economic value of and employment practices in the fishery; and (iii) Any other factors determined by the Council with jurisdiction over the fishery for which an IFQ program is proposed to be relevant to the fishery and the proposed IFQ program. (d) Council-recommended criteria under paragraph (c) of this section may include, but are not limited to, levels of participation or reliance on the fishery as represented by landings, sales, expenditures, or other considerations. A Council may also apply the same criteria for weighting eligible referendum votes. (e) Actions by NMFS: Review of Council referendum criteria and Secretarial IFQ plans. (i) Whether the criteria are rationally connected to or further the objectives of the proposed IFQ program; (ii) Whether the criteria are designed in such a way to prevent any person or single entity from obtaining an excessive share of voting privileges; (iii) Whether the criteria are reasonable relative to the availability of documentary evidence and the possibility of validating a participant's eligibility; and (iv) Whether the referendum can be administered and executed in a fair and equitable manner, in a reasonable time, and without subjecting industry members, the Council, or NMFS to administrative burdens, costs or other requirements that would be considered onerous. (2) If NMFS determines that referendum criteria would not provide for a fair and equitable referendum; would not be consistent with national standards and other provisions of the Magnuson-Stevens Act, and other applicable legal standards; or, in the case of a referendum request subsequent to a failed referendum in the same fishery, that the Council has not substantively amended the IFQ proposal or circumstances have not changed sufficiently to warrant initiation of a new referendum, NMFS shall inform the Council of the Agency's decision to deny the referendum request and of the reasons for the decision. (3) If NMFS determines that referendum criteria would provide for a fair and equitable referendum and would be consistent with national standards and other provisions of the Magnuson-Stevens Act, and other applicable legal standards; then NMFS shall conduct the referendum in accordance with procedures and guidelines provided in paragraph (f) of this section. (4) In accordance with paragraphs (c)(2) and (3) of this section, NMFS may initiate a referendum and promulgate referendum criteria for any IFQ program proposal advanced through a Secretarial fishery management plan (FMP) or FMP amendment under the authority of section 304(c) of the Magnuson-Stevens Act for a New England or Gulf fishery. Such criteria must provide for a fair and equitable referendum and NMFS shall conduct the referendum in accordance with procedures and guidelines provided in paragraph (f) of this section. (f) Conducting IFQ referenda. (i) Proposed rule. (A) For NEFMC IFQ program referenda, the proposed rule shall establish procedures for documenting or certifying that other fishery participants, including crew members, meet the proposed voter eligibility criteria. (B) For GFMC IFQ program referenda for multispecies permit holders, the proposed rule shall include criteria to be used in identifying those permit holders who have substantially fished the species that are the subject of the proposed IFQ program. (ii) Final rule. Federal Register Federal Register (B) Upon implementation of the referendum through a final rule, NMFS shall provide eligible voters referenda ballots and shall make available information about the schedule, procedures, and eligibility requirements for the referendum process and the proposed IFQ program. (2) NMFS shall notify the public in the region of the subject fishery of the referendum eligibility criteria. (3) Individuals who wish to vote as other fishery participants in a NEFMC IFQ referendum, based on criteria established by the NEFMC under (c)(2), must contact NMFS and produce all required documentation and certifications to receive a ballot. NMFS shall provide sufficient time in the referendum process to allow for crew members to request, receive, and submit referendum ballots. (g) Referenda ballots. (2) NMFS may require voters to self-certify on referenda ballots that they meet voter eligibility criteria. To be considered valid, ballots must be signed by the eligible voter. (3) Referenda ballots shall be numbered serially or otherwise designed to guard against submission of duplicate ballots. (4) If votes are weighted, the value of weighted votes shall be indicated on the ballot. The weighted vote must be cast as a single unit. Its value may not be split. The full value must be applied to the selection made on the ballot. (5) NMFS shall allow at least 30 days for eligible voters to receive and return their ballots and shall specify a deadline by which ballots must be received. Ballots received after the deadline shall not be considered valid. (h) Determining the outcome of an IFQ referendum. (2) A NEFMC IFQ program referendum shall be considered approved only if more than 2/3 (3) A GFMC IFQ program referendum shall be considered approved only if a majority of the votes submitted on valid ballots are in favor of the referendum question. (i) Council actions. (2) Any changes that would modify an IFQ program proposal that was reviewed by referenda voters may invalidate the results of the referendum and require the modified program proposal to be approved through a new referendum before it can be submitted to the Secretary for review and implementation. (3) If NMFS notifies a Council that an IFQ referendum has failed, then the Council may modify its IFQ program proposal and request a new referendum pursuant to paragraph (b) of this section. [73 FR 75973, Dec. 15, 2008, as amended at 90 FR 38003, Aug. 7, 2025] Subpart P—Marine Recreational Fisheries of the United States Source: 73 FR 79717, Dec. 30, 2008, unless otherwise noted. § 600.1400 Definitions. In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and in § 600.10 of this title, the terms used in this subpart have the following meanings. For purposes of this subpart, if applicable, the terms used in this subpart supersede those used in § 600.10. Anadromous species American shad: Alosa sapidissima Blueback herring: Alosa aestivalus Alewife: Alosa pseudoharengus Hickory shad: Alosa mediocris Alabama shad: Alosa alabamae Striped bass: Morone saxatilis Rainbow smelt: Osmerus mordax Atlantic salmon: Salmo salar Chinook, or king, salmon: Oncorhynchus tshawytscha Coho, or silver, salmon: Oncorhynchus kisutch Pink salmon: Oncorhynchus gorbuscha Sockeye salmon: Oncorhynchus nerka Chum salmon: Oncorhynchus keta Steelhead: Oncorhynchus mykiss Coastal cutthroat trout: Oncorhynchus clarki clarki Eulachon or candlefish: Thaleichthys pacificus Dolly varden: Salvelinus malma Sheefish or inconnu: Stenodus leucichthys Atlantic sturgeon: Acipenser oxyrhynchus oxyrhynchus Shortnose sturgeon: Acipenser brevirostrum Gulf sturgeon: Acipenser oxyrhynchus desotoi White sturgeon: Acipenser transmontanus Green sturgeon: Acipenser medirostris Angler Authorized officer Combination license (1) A single state fishing license that permits fishing in fresh waters and tidal waters at one price; or (2) A single state license that permits a group of fishing and hunting activities, including fishing in tidal waters, at a price that is less than the sum of the cost of the individual licenses. Commercial fishing Continental shelf fishery resources Exempted state For-hire fishing vessel Indigenous people Spearfishing State Tidal waters [77 FR 42191, July 18, 2012] § 600.1405 Angler registration. (a) Effective January 1, 2010, the requirements of this section apply to any person who does any of the following: (1) Engages in angling or spearfishing for: (i) Fish in the EEZ; (ii) Anadromous species in any tidal waters; or (iii) Continental Shelf fishery resources beyond the EEZ. (2) Operates a for-hire fishing vessel in the EEZ. (3) Operates a for-hire fishing vessel that engages in angling or spearfishing for: (i) Anadromous species in any tidal waters; or (ii) Continental shelf fishery resources beyond the EEZ. (4) Possesses equipment used for angling or spearfishing and also possesses: (i) Fish in the EEZ; (ii) Anadromous species in any tidal waters; or (iii) Continental shelf fishery resources beyond the EEZ. (b) No person may engage in the activities listed in paragraph (a) of this section unless that person: (1) Has registered annually with NMFS in accordance with § 600.1410 of this part; (2) Holds a valid fishing license issued by, or is registered by, an exempted state; (3) Is a resident of an exempted state, but is not required to hold a fishing license, or to be registered to fish, under the laws of that state; (4) Holds a permit issued by NMFS for for-hire fishing under 50 CFR 622.4(a)(1), 635.4(b), 648.4(a), or 660.707(a)(1); (5) Is under the age of 16; (6) Is angling aboard a for-hire fishing vessel that is in compliance with NMFS and state for-hire vessel permit, license or registration requirements; (7) Holds a commercial fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit; (8) Holds an HMS Angling permit under 50 CFR 635.4(c) or a MHI Non-commercial Bottomfish permit under 50 CFR 665.203(a)(2); (9) Holds a subsistence fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit; or (10) Is angling or spearfishing for, or operating a for-hire fishing vessel that engages in fishing for, anadromous species or Continental Shelf fishery resources, in waters under the control of a foreign nation. (c) Any angler or spear fisher or operator of a for-hire vessel must, on request of an authorized officer, produce the NMFS registration number and certificate or evidence that such person or for-hire vessel operator is exempt from the registration requirement pursuant to § 600.1405(b)(2) through § 600.1405(b)(10). [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012] § 600.1410 Registry process. (a) A person may register through the NMFS web site at www.nmfs.noaa.gov (b) Individuals must submit their name; address; telephone number; date of birth; region(s) of the country in which they intend to fish in the upcoming year; and additional information necessary for the issuance or administration of the registration. (c) To register a for-hire fishing vessel, the vessel owner or operator must submit vessel owner name, address, date of birth, and telephone number; vessel operator (if different) name, address, date of birth and telephone number; vessel name; vessel's state registration or U.S. Coast Guard documentation number; home port or principal area of operation; and additional information necessary for the issuance or administration of the registration. (d) NMFS will issue a registration number and certificate to registrants. A registration number and certificate will be valid for one year from the date on which it is issued. (e) It shall be unlawful for any person to submit false, inaccurate or misleading information in connection with any registration request. (f) Fees. Federal Register. § 600.1415 Procedures for designating exempted states-general provisions. (a) States with an exempted state designation must: (1) Submit state angler and for-hire vessel license holder data to NMFS for inclusion in a national or regional registry database; or (2) Participate in regional surveys of recreational catch and effort and make the data from those surveys available to NMFS. (b) Process for getting an exempted state designation: (1) To apply for exempted state designation, a state must submit: (i) A complete description of the data it intends to submit to NMFS; (ii) An assessment of how the data conforms to the requirements of §§ 600.1416 or 600. 1417; (iii) A description of the database in which the data exists and will be transmitted; and (iv) The proposed process, schedule and frequency of submission of the data. (2) If NMFS determines the submitted material meets the requirements of §§ 600.1416 or 600.1417, NMFS will initiate negotiations with the state on a Memorandum of Agreement. The Memorandum of Agreement must include the terms and conditions of the data-sharing program. The Memorandum of Agreement and state designation may be limited to data-sharing related to only anglers or only for-hire fishing vessels. (3) Following execution of a Memorandum of Agreement, NMFS will publish a notice of the exempted state designation in the Federal Register. § 600.1416 Requirements for exempted state designation based on submission of state license holder data. (a) A state must annually update and submit to NMFS, in a format consistent with NMFS guidelines, the name, address and, to the extent available in the state's database, telephone number and date of birth, of all persons and for-hire vessel operators, and the name and state registration number or U.S. Coast Guard documentation number of for-hire vessels that are licensed to fish, or are registered as fishing, in the EEZ, in the tidal waters of the state, or for anadromous species. The Memorandum of Agreement developed in accordance with § 600.1415(b)(2) will specify the timetable for a state to compile and submit complete information telephone numbers and dates of birth for its license holders/registrants. The waters of the state for which such license-holder data must be submitted will be specified in the Memorandum of Agreement. (b) A state is eligible to be designated as an exempted state even if its licensing program excludes anglers who are: (1) Under 17 years of age; (2) Over age 59 (see § 600.1416(d)(1)); (3) Customers on licensed for-hire vessels; (4) Customers on state-licensed fishing piers, provided that the pier license holder provides to the state complete angler contact information or angler effort information for users of the pier; (5) On active military duty while on furlough; or (6) Disabled or a disabled Veteran as defined by the state. (7) Fishing on days designated as “free fishing days” by states. “ Free fishing days” (c) Unless the state can demonstrate that a given category of anglers is so small it has no significant probability of biasing estimates of fishing effort if these anglers are not included in a representative sample, a state may not be designated as an exempted state if its licensing or registration program excludes anglers in any category other than those listed in paragraph (b) of this section. (d) Required enhancements to exempted state license-holder data. An exempted state must submit the following angler identification data by Jan. 1, 2012, or within two years of the effective date of the Memorandum of Agreement, whichever is later, and thereafter in accordance with the Memorandum of Agreement. States that provide NMFS with notice that they are required to enact legislation or to enter into formal memoranda of agreement or contracts with other state agencies to comply with this requirement must submit the data within three years of the effective date of the Memorandum of Agreement: (1) Name, address and telephone number, updated annually, of excluded anglers over age 59, unless the state can demonstrate that the number of anglers excluded from the license or registration requirement based on having a date of birth before June 1, 1940 is so small it has no significant probability of biasing estimates of fishing effort if these anglers are not included in a representative sample; (2) Name, address and telephone number, updated annually, of holders of state lifetime and multi-year licenses; (3) Name, address and telephone number of state combination license holders who fished in tidal waters in the prior year, or who intend to fish in tidal waters. The Memorandum of Agreement will define the boundaries of the state's tidal waters for this purpose. [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012] § 600.1417 Requirements for exempted state designation based on submission of recreational survey data. (a) To be designated as an exempted state based on the state's participation in a regional survey of marine and anadromous recreational fishing catch and effort, a state may submit to NMFS a proposal that fully describes the state's participation in a qualifying regional survey, and the survey's sample design, data collection and availability. (b) A qualifying regional survey must: (1) Include all of the states within each region as follows: (i) Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida (Atlantic coast); (ii) Florida (Gulf of America coast), Alabama, Mississippi, Louisiana, and Texas; (iii) Puerto Rico; (iv) U.S. Virgin Islands; (v) California, Oregon and Washington; (vi) Alaska; (vii) Hawaii; or (viii) American Samoa, Guam and the Commonwealth of the Northern Mariana Islands. (2) Utilize angler registry data, or direct field counts to obtain angler effort, or other appropriate statistical means to obtain fishing effort; (3) Utilize angler registry data to identify individuals to be surveyed by telephone, mail or Internet if such regional survey includes a telephone survey component; and (4) Meet NMFS survey design and data collection standards. [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42192, July 18, 2012] Subpart Q—Vessel Monitoring System Type-Approval Source: 85 FR 40921, July 8, 2020, unless otherwise noted. § 600.1500 Definitions and acronyms. In addition to the definitions in the Magnuson-Stevens Act and in § 600.10, and the acronyms in § 600.15, the terms and acronyms in this subpart have the following meanings: Authorized entity Bench configuration Bundle Cellular communication Communication class Electronic form e.g., Enhanced Mobile Transceiver Unit (EMTU) Enhanced Mobile Transceiver Unit, Cellular Based (EMTU-C) Latency i.e., Mobile Communications Service (MCS) Mobile Communications Service Provider (MCSP) Mobile Transmitter Unit (MTU) Notification Letter Position report Requestor Service life Sniffing Spoofing Time stamp Type-approval holder Vendor Vessel Monitoring System (VMS) Vessel Monitoring System (VMS) data Vessel Monitoring System Program Vessel Monitoring System (VMS) Unit Vessel Monitoring System (VMS) Vessels § 600.1501 Vessel Monitoring System type-approval process. (a) Applicability. (b) Application submission. (c) Application requirements. (2) Requestor-approved third party business entities: The requestor must provide the business name, address, phone number, contact name(s), email address, specific services provided, and geographic region covered for the following third party business entities: (i) Entities providing bench configuration for the EMTU/EMTU-C at the warehouse or point of supply. (ii) Entities distributing/selling the EMTU/EMTU-C to end users. (iii) Entities currently approved by the requestor to install the EMTU/EMTU-C onboard vessels. (iv) Entities currently approved by the requestor to offer a limited warranty. (v) Entities approved by the requestor to offer a maintenance service agreement. (vi) Entities approved by the requestor to repair or install new software on the EMTU/EMTU-C. (vii) Entities approved by the requestor to train end users. (viii) Entities approved by the requestor to advertise the EMTU/EMTU-C. (ix) Entities approved by the requestor to provide other customer services. (3) Regulatory Requirements and Documentation: In a type-approval request, a requestor must: (i) Identify the NMFS region(s) and/or Federal fisheries for which the requestor seeks type-approval. (ii) Include copies of, or citation to, applicable VMS regulations and requirements in effect for the region(s) and Federal fisheries identified under paragraph (c)(3)(i) of this section that require use of VMS. (iii) Provide a table with the type-approval request that lists in one column each requirement set out in §§ 600.1502 through 600.1509 and regulations described under paragraph (c)(3)(ii) of this section. NMFS OLE will provide a template for the table upon request. The requestor must indicate in subsequent columns in the table: (A) Whether the requirement applies to the type-approval; and (B) Whether the EMTU, EMTU-C, MCS, or bundle meets the requirement. (iv) Certify that the features, components, configuration and services of the requestor's EMTU/EMTU-C, MCS, or bundle comply with each requirement set out in §§ 600.1502 through 600.1509 and the regulations described under paragraph (c)(3)(ii) of this section. (v) Certify that, if the request is approved, the requestor agrees to be responsible for ensuring compliance with each requirement set out in §§ 600.1502 through 600.1509 and the regulations described under paragraph (c)(3)(ii) of this section over the course of the type-approval period. (vi) Provide NMFS OLE with two EMTU/EMTU-Cs loaded with forms and software, if applicable, for each NMFS region or Federal fishery, with activated MCS, for which a type-approval request is submitted for a minimum of 90 calendar days for testing and evaluation. For EMTU-Cs, the forms and software may be loaded onto a dedicated message terminal and display component to which the EMTU-C can connect. Copies of forms currently used by NMFS are available upon request. As part of its review, NMFS OLE may perform field tests and at-sea trials that involve demonstrating every aspect of EMTU/EMTU-C and communications operation. The requestor is responsible for all associated costs including paying for: Shipping of the EMTU/EMTU-C to the required NMFS regional offices and/or headquarters for testing; the MCS during the testing period; and shipping of the EMTU/EMTU-C back to the vendor. (vii) Provide thorough documentation for the EMTU/EMTU-C and MCS, including: EMTU/EMTU-C fact sheets; installation guides; user manuals; any necessary interfacing software; MCS global and regional coverage; performance specifications; and technical support information. (d) Certification. (e) Notification. (1) If a request is approved or partially approved, NMFS OLE will provide notice as described under § 600.1510 and the type-approval letter will serve as official documentation and notice of type-approval. OLE will publish and maintain the list of type-approved units on their Vessel Monitoring System web page. (2) If a request is disapproved or partially disapproved: (i) OLE will send a letter to the requestor that explains the reason for the disapproval/partial disapproval. (ii) The requestor may respond to NMFS OLE in writing with additional information to address the reasons for disapproval identified in the NMFS OLE letter. The requestor must submit this response within 21 calendar days of the date of the OLE letter sent under paragraph (e)(2)(i) of this section. (iii) If any additional information is submitted under paragraph (e)(2)(ii) of this section, NMFS OLE, after reviewing such information, may either take action under paragraph (e)(1) of this section or determine that the request should continue to be disapproved or partially disapproved. In the latter case, the NMFS OLE Director will send a letter to the requestor that explains the reasons for the continued disapproval/partial disapproval. The NMFS OLE Director's decision is final upon issuance of this letter and is not appealable. § 600.1502 Communications functionality. (a) Unless otherwise specified, this subsection applies to all VMS units. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. The VMS unit must: (1) Be able to transmit all automatically-generated position reports. (2) Provide visible or audible alarms onboard the vessel to indicate malfunctioning of the VMS unit. (3) Be able to disable non-essential alarms in non-Global Maritime Distress and Safety System (GMDSS) installations. (4) EMTU/EMTU-Cs must be able to send communications that function uniformly throughout the geographic area(s) covered by the type-approval, except an EMTU-C only needs to be capable of transmission and reception when in the range of a cellular network. (5) EMTU/EMTU-Cs must have two-way communications between the unit and authorized entities, via MCS, or be able to connect to a device that has two-way communications. (6) EMTU/EMTU-Cs must be able to run or to connect to a dedicated message terminal and display component that can run software and/or applications that send and receive electronic forms and internet email messages for the purpose of complying with VMS reporting requirements in Federal fisheries. Depending on the reporting requirements for the fishery(s) in which the requester is seeking type-approval, an EMTU-C type-approval may not require the inclusion of a dedicated message terminal and display component at the time of approval, but the capability to support such a component must be shown. (7) Have messaging and communications mechanisms that are completely compatible with NMFS vessel monitoring and surveillance software. (b) In addition, messages and communications from a VMS unit must be able to be parsed out to enable clear billing of costs to the government and to the owner of a vessel or EMTU/EMTU-C, when necessary. Also, the costs associated with position reporting and the costs associated with other communications (for example, personal email or communications/reports to non-NMFS Office of Law Enforcement entities) must be parsed out and billed to separate parties, as appropriate. § 600.1503 Position report data formats and transmission. Unless otherwise specified, this subsection applies to all VMS units, MCSs and bundles. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. To be type-approved in any given fishery, a VMS unit must also meet any additional positioning information as required by the applicable VMS regulations and requirements in effect for each fishery or region for which the type-approval applies. The VMS unit must meet the following requirements: (a) Transmit all automatically-generated position reports, for vessels managed individually or grouped by fleet, that meet the latency requirement under § 600.1504. (b) When powered up, must automatically re-establish its position reporting function without manual intervention. (c) Position reports must contain all of the following: (1) Unique identification of an EMTU/EMTU-C and clear indication if the unit is an EMTU-C. (2) Date (year/month/day with century in the year) and time stamp (GMT) of the position fix. (3) Date (year/month/day with century in the year) and time stamp (GMT) that the EMTU-C position report was sent from the EMTU-C. (4) Position fixed latitude and longitude, including the hemisphere of each, which comply with the following requirements: (i) The position fix precision must be to the decimal minute hundredths. (ii) Accuracy of the reported position must be within 100 meters (328.1 ft). (d) An EMTU/EMTU-C must have the ability to: (1) Store 1,000 position fixes in local, non-volatile memory. (2) Allow for defining variable reporting intervals between 5 minutes and 24 hours. (3) Allow for changes in reporting intervals remotely and only by authorized users. (e) An EMTU/EMTU-C must generate specially identified position reports upon: (1) Antenna disconnection. (2) Loss of positioning reference signals. (3) Security events, power-up, power down, and other status data. (4) A request for EMTU/EMTU-C status information such as configuration of programming and reporting intervals. (5) The EMTUs loss of the mobile communications signals. (6) An EMTU must generate a specially identified position report upon the vessel crossing of a pre-defined geographic boundary. § 600.1504 Latency requirement. (a) Ninety percent of all pre-programmed or requested Global Positioning System position reports during each 24-hour period must reach NMFS within 15 minutes or less of being sent from the VMS unit, for 10 out of 11 consecutive days (24-hour time periods). (b) NMFS will continually examine latency by region and by type-approval holder. (c) Exact dates for calculation of latency will be chosen by NMFS. Days in which isolated and documented system outages occur will not be used by NMFS to calculate a type-approval holder's latency. § 600.1505 Messaging. (a) Unless otherwise specified, this section applies to all VMS units, MCSs, and bundles. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. Depending on the reporting requirements for the fishery(s) in which the requester is seeking type-approval, an EMTU-C type-approval may not require the inclusion of a dedicated message terminal and display component at the time of approval, but the capability to support such a component must be shown. To be type-approved in any given fishery, a VMS unit must meet messaging information requirements under the applicable VMS regulations and requirements in effect for each fishery or region for which the type-approval applies. The VMS unit must also meet the following requirements: (b) An EMTU must be able to run software and/or applications that send email messages for the purpose of complying with VMS reporting requirements in Federal fisheries that require email communication capability. An EMTU-C must be able to run or connect to a device that can run such software and/or applications. In such cases, the EMTU/EMTU-C messaging must provide for the following capabilities: (1) Messaging from vessel to shore, and from shore to vessel by authorized entities, must have a minimum supported message length of 1 KB. For EMTU-Cs, this messaging capability need only be functional when in range of shore-based cellular communications. (2) There must be a confirmation of delivery function that allows a user to ascertain whether a specific message was successfully transmitted to the MCS email server(s). (3) Notification of failed delivery to the EMTU/EMTU-C must be sent to the sender of the message. The failed delivery notification must include sufficient information to identify the specific message that failed and the cause of failure ( e.g., etc. (4) The EMTU/EMTU-C must have an automatic retry feature in the event that a message fails to be delivered. (5) The EMTU/EMTU-C user interface must: (i) Support an “address book” capability and a function permitting a “reply” to a received message without re-entering the sender's address. (ii) Provide the ability to review by date order, or by recipient, messages that were previously sent. The EMTU/EMTU-C terminal must support a minimum message history of 50 sent messages—commonly referred to as an “Outbox” or “Sent” message display. (iii) Provide the ability to review by date order, or by sender, all messages received. The EMTU/EMTU-C terminal must support a minimum message history of at least 50 messages in an inbox. § 600.1506 Electronic forms. Unless otherwise specified, this subsection applies to all EMTUs, EMTU-Cs, MCSs, and bundles. (a) Forms. (1) Form Validation: (2) A user must be able to select forms from a menu on the EMTU/EMTU-C. (3) A user must be able to populate a form based on the last values used and “modify” or “update” a prior submission without unnecessary re-entry of data. A user must be able to review a minimum of 20 past form submissions and ascertain for each form when the form was transmitted and whether delivery was successfully sent to the type-approval holder's VMS data processing center. In the case of a transmission failure, a user must be provided with details of the cause and have the opportunity to retry the form submission. (4) VMS Position Report: Each form must include VMS position data, including latitude, longitude, date and time. Data to populate these fields must be automatically generated by the EMTU/EMTU-C and unable to be manually entered or altered. (5) Delivery and Format of Forms Data: Delivery of form data to NMFS must employ the same transport security and reliability as set out in § 600.1507 of this subpart. The forms data and delivery must be completely compatible with NMFS vessel monitoring software. (b) Updates to Forms. (2) From time to time, NMFS may provide type-approved applicants with requirements for new forms or modifications to existing forms. NMFS may also provide notice of forms and form changes through the NMFS Work Order System. Type-approved applicants will be given at least 60 calendar days to complete their implementation of new or changed forms. Applicants will be capable of, and responsible for translating the requirements into their EMTU/EMTU-C-specific forms definitions and wirelessly transmitting the same to all EMTU/EMTU-C terminals supplied to fishing vessels. § 600.1507 Communications security. Communications between an EMTU/EMTU-C and MCS must be secure from tampering or interception, including the reading of passwords and data. The EMTU/EMTU-C and MCS must have mechanisms to prevent to the extent possible: (a) Sniffing and/or interception during transmission from the EMTU/EMTU-C to MCS. (b) Spoofing. (c) False position reports sent from an EMTU/EMTU-C. (d) Modification of EMTU/EMTU-C identification. (e) Interference with Global Maritime Distress and Safety System (GMDSS) or other safety/distress functions. (f) Introduction of malware, spyware, keyloggers, or other software that may corrupt, disturb, or disrupt messages, transmission, and the VMS system. (g) The EMTU/EMTU-C terminal from communicating with, influencing, or interfering with the Global Positioning System antenna or its functionality, position reports, or sending of position reports. The position reports must not be altered, corrupted, degraded, or at all affected by the operation of the terminal or any of its peripherals or installed-software. (h) VMS data must be encrypted and sent securely through all associated cellular, satellite, and internet communication pathways and channels. § 600.1508 Field and technical services. As a requirement of its type-approval, a type-approval holder must communicate with NMFS to resolve technical issues with a VMS Unit, MCS or bundle and ensure that field and technical services includes: (a) Diagnostic and troubleshooting support to NMFS and fishers, which is available 24 hours a day, seven days per week, and year-round. (b) Response times for customer service inquiries that shall not exceed 24 hours. (c) Warranty and maintenance agreements. (d) Escalation procedures for resolution of problems. (e) Established facilities and procedures to assist fishers in maintaining and repairing their EMTU, EMTU-C, or MTU. (f) Assistance to fishers in the diagnosis of the cause of communications anomalies. (g) Assistance in resolving communications anomalies that are traced to the EMTU, EMTU-C, or MTU. (h) Assistance to NMFS Office of Law Enforcement and its contractors, upon request, in VMS system operation, resolving technical issues, and data analyses related to the VMS Program or system. § 600.1509 General. (a) An EMTU/EMTU-C must have the durability and reliability necessary to meet all requirements of §§ 600.1502 through 600.1507 regardless of weather conditions, including when placed in a marine environment where the unit may be subjected to saltwater (spray) in smaller vessels, and in larger vessels where the unit may be maintained in a wheelhouse. The unit, cabling and antenna must be resistant to salt, moisture, and shock associated with sea-going vessels in the marine environment. (b) PII and Other Protected Information. Personally identifying information (PII) and other protected information includes Magnuson-Stevens Act confidential information as provided at 16 U.S.C. 1881a and Business Identifiable Information (BII), as defined in the Department of Commerce Information Technology Privacy Policy. A type-approval holder is responsible for ensuring that: (1) All PII and other protected information is handled in accordance with applicable state and Federal law. (2) All PII and other protected information provided to the type-approval holder by vessel owners or other authorized personnel for the purchase or activation of an EMTU/EMTU-C or arising from participation in any Federal fishery are protected from disclosure not authorized by NMFS or the vessel owner or other authorized personnel. (3) Any release of PII or other protected information beyond authorized entities must be requested and approved in writing, as appropriate, by the submitter of the data in accordance with 16 U.S.C. 1881a, or by NMFS. (4) Any PII or other protected information sent electronically by the type-approval holder to the NMFS Office of Law Enforcement must be transmitted by a secure means that prevents interception, spoofing, or viewing by unauthorized individuals. § 600.1510 Notification of type-approval. (a) If a request made pursuant to § 600.1501 (type-approval) is approved or partially approved, NMFS will issue a type-approval letter to indicate the specific EMTU/EMTU-C model, MCSP, or bundle that is approved for use, the MCS or class of MCSs permitted for use with the type-approved EMTU, and the regions or fisheries in which the EMTU/EMTU-C, MCSP, or bundle is approved for use. (b) The NMFS Office of Law Enforcement will maintain a list of type-approved EMTUs/EMTU-C, MCSPs, and bundles on a publicly available website and provide copies of the list upon request. § 600.1511 Changes or modifications to type-approvals. Type-approval holders must notify NMFS Office of Law Enforcement (OLE) in writing no later than 2 days following modification to or replacement of any functional component or piece of their type-approved EMTU, EMTU-C, or MTU configuration, MCS, or bundle. If the changes are substantial, NMFS OLE will notify the type-approval holder in writing within 60 calendar days that an amended type-approval is required or that NMFS will initiate the type-approval revocation process. § 600.1512 Type-approval revocation process. (a) If at any time, a type-approved EMTU/EMTU-C, MCS, or bundle fails to meet requirements at §§ 600.1502 through 600.1509 or applicable VMS regulations and requirements in effect for the region(s) and Federal fisheries for which the EMTU/EMTU-C or MCS is type-approved, or if an MTU fails to meet the requirements under which it was type-approved, OLE may issue a Notification Letter to the type-approval holder that: (1) Identifies the MTU, EMTU, EMTU-C, MCS, or bundle that allegedly fails to comply with type-approval regulations and requirements; (2) Identifies the alleged failure to comply with type-approval regulations and requirements, and the urgency and impact of the alleged failure; (3) Cites relevant regulations and requirements under this subpart; (4) Describes the indications and evidence of the alleged failure; (5) Provides documentation and data demonstrating the alleged failure; (6) Sets a response date by which the type-approval holder must submit to NMFS OLE a written response to the Notification Letter, including, if applicable, a proposed solution; and (7) Explains the type-approval holder's options if the type-approval holder believes the Notification Letter is in error. (b) NMFS will establish a response date between 30 and 120 calendar days from the date of the Notification Letter. The type-approval holder's response must be received in writing by NMFS on or before the response date. If the type-approval holder fails to respond by the response date, the type-approval will be revoked. At its discretion and for good cause, NMFS may extend the response date to a maximum of 150 calendar days from the date of the Notification Letter. (c) A type-approval holder who has submitted a timely response may meet with NMFS within 21 calendar days of the date of that response to discuss a detailed and agreed-upon procedure for resolving the alleged failure. The meeting may be in person, conference call, or webcast. (d) If the type-approval holder disagrees with the Notification Letter and believes that there is no failure to comply with the type-approval regulations and requirements, NMFS has incorrectly defined or described the failure or its urgency and impact, or NMFS is otherwise in error, the type-approval holder may submit a written objection letter to NMFS on or before the response date. Within 21 calendar days of the date of the objection letter, the type-approval holder may meet with NMFS to discuss a resolution or redefinition of the issue. The meeting may be in person, conference call, or webcast. If modifications to any part of the Notification Letter are required, then NMFS will issue a revised Notification Letter to the type-approval holder. However, the response date or any other timeline in this process would not restart or be modified unless NMFS decides to do so, at its discretion. (e) The total process from the date of the Notification Letter to the date of final resolution should not exceed 180 calendar days, and may require a shorter timeframe, to be determined by NMFS, depending on the urgency and impact of the alleged failure. In rare circumstances, NMFS, at its discretion, may extend the time for resolution of the alleged failure. In such a case, NMFS will provide a written notice to the type-approval holder informing him or her of the extension and the basis for the extension. (f) If the failure to comply with type-approval regulations and requirements cannot be resolved through this process, the NMFS OLE Director will issue a Revocation Letter to the type-approval holder that: (1) Identifies the MTU, EMTU, EMTU-C, MCS, or bundle for which type-approval is being revoked; (2) Summarizes the failure to comply with type-approval regulations and requirements, including describing its urgency and impact; (3) Summarizes any proposed plan, or attempts to produce such a plan, to resolve the failure; (4) States that revocation of the MTU, EMTU, EMTU-C, MCS, or bundle's type-approval has occurred; (5) States that no new installations of the revoked unit will be permitted in any NMFS-managed fishery requiring the use of VMS; (6) Cites relevant regulations and requirements under this subpart; (7) Explains why resolution was not achieved; (8) Advises the type-approval holder that: (i) The type-approval holder may reapply for a type-approval under the process set forth in § 600.1501, and (ii) A revocation may be appealed pursuant to the process under § 600.1513. § 600.1513 Type-approval revocation appeals process. (a) If a type-approval holder receives a Revocation Letter pursuant to § 600.1512, the type-approval holder may file an appeal of the revocation to the NMFS Assistant Administrator. (b) An appeal must be filed within 14 calendar days of the date of the Revocation Letter. A type-approval holder may not request an extension of time to file an appeal. (c) An appeal must include a complete copy of the Revocation Letter and its attachments and a written statement detailing any facts or circumstances explaining and refuting the failures summarized in the Revocation Letter. (d) The NMFS Assistant Administrator may, at his or her discretion, affirm, vacate, or modify the Revocation Letter and send a letter to the type-approval holder explaining his or her determination, within 21 calendar days of receipt of the appeal. The NMFS Assistant Administrator's determination constitutes the final agency decision. § 600.1514 Revocation effective date and notification to vessel owners. (a) Following issuance of a Revocation Letter pursuant to § 600.1512 and any appeal pursuant to § 600.1513, NMFS will provide notice to all vessel owners impacted by the type-approval revocation via letter and Federal Register (1) The next steps vessel owners should take to remain in compliance with regional and/or national VMS requirements; (2) The date, 60-90 calendar days from the notice date, on which the type-approval revocation will become effective; (3) Reimbursement of the cost of a new type-approved EMTU/EMTU-C, should funding for reimbursement be available pursuant to § 600.1516. § 600.1515 Litigation support. (a) All technical aspects of a type-approved EMTU, EMTU-C, MTU, MCS, or bundle are subject to being admitted as evidence in a court of law, if needed. The reliability of all technologies utilized in the EMTU, EMTU-C, MTU, MCS, or bundle may be analyzed in court for, inter alia, testing procedures, error rates, peer review, technical processes and general industry acceptance. (b) The type-approval holder must, as a requirement of the holder's type-approval, provide technical and expert support for litigation to substantiate the EMTU/EMTU-C, MCS, or bundle capabilities to establish NMFS Office of Law Enforcement cases against violators, as needed. If the technologies have previously been subject to such scrutiny in a court of law, the type-approval holder must provide NMFS with a brief summary of the litigation and any court findings on the reliability of the technology. (c) The type-approval holder will be required to sign a non-disclosure agreement limiting the release of certain information that might compromise the effectiveness of the VMS operations. § 600.1516 Reimbursement opportunities for revoked Vessel Monitoring System type-approval products. (a) Subject to the availability of funds, vessel owners may be eligible for reimbursement payments for a replacement EMTU/EMTU-C if: (1) All eligibility and process requirements specified by NMFS are met as described in NMFS Policy Directive 06-102; and (2) The replacement type-approved EMTU/EMTU-C is installed on the vessel, and reporting to NMFS Office of Law Enforcement; and (3) The type-approval for the previously installed EMTU/EMTU-C has been revoked by NMFS; or (4) NMFS requires the vessel owner to purchase a new EMTU/EMTU-C prior to the end of an existing unit's service life. (b) The cap for individual reimbursement payments is subject to change. If this occurs, NMFS Office of Law Enforcement will publish a notice in the Federal Register Subpart R—Standardized Bycatch Reporting Methodology Source: 82 FR 6337, Jan. 19, 2017, unless otherwise noted. § 600.1600 Purpose and scope. Section 303(a)(11) of the Magnuson-Stevens Act requires that any fishery management plan (FMP) with respect to any fishery shall establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery. 16 U.S.C. 1853(a)(11). The purpose of a standardized reporting methodology is to collect, record, and report bycatch data in a fishery that, in conjunction with other relevant sources of information, are used to assess the amount and type of bycatch occurring in the fishery and inform the development of conservation and management measures that, to the extent practicable, minimize bycatch and bycatch mortality. This subpart sets forth requirements for and guidance on establishing and reviewing a standardized reporting methodology. § 600.1605 Definitions and word usage. (a) Definitions. standardized reporting methodology (b) Word usage. § 600.1610 Establishing and reviewing standardized bycatch reporting methodologies in fishery management plans. (a) Establishing a standardized reporting methodology Fishery management plan contents. e.g., (2) Requirements for standardized reporting methodology. (i) Information about the characteristics of bycatch in the fishery. (ii) Feasibility. (iii) Data uncertainty. (iv) Data use. (b) Review of FMPs.

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