50 CFR Part 679 — Fisheries of the Exclusive Economic Zone off Alaska

PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA Authority: 16 U.S.C. 773 et seq.; et seq.; et seq.; Editorial Note: Nomenclature changes to part 679 appear at 61 FR 56438, Nov. 1, 1996; 62 FR 2047, Jan. 15, 1997; 66 FR 27909, May 21, 2001; 67 FR 79739, Dec. 30, 2002; and 77 FR 6502, Feb. 8, 2012. Subpart A—General § 679.1 Purpose and scope. Regulations in this part were developed by the Council under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. (a) Fishery Management Plan for Groundfish of the Gulf of Alaska. (2) The following State of Alaska regulations are not preempted by this part for vessels regulated under this part fishing for demersal shelf rockfish in the Southeast Outside District, and which are registered under the laws of the State of Alaska: 5 AAC 28.111, fishing seasons; 5 AAC 28.130, gear; 5 AAC 28.160, harvest guidelines; 5 AAC 28.190, harvest of bait by commercial permit holders. (b) Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. (c) [Reserved] (d) IFQ Program for sablefish and halibut. (1) Sablefish. (A) Using fixed gear within that portion of the GOA and the BSAI over which the United States exercises exclusive fishery management authority; and (B) Using fixed gear in waters of the State of Alaska adjacent to the BSAI and the GOA, provided that aboard such vessels are persons who currently hold sablefish quota shares, sablefish IFQ permits, or sablefish IFQ hired master permits. (ii) Regulations in this part do not govern commercial fishing for sablefish in Prince William Sound or under a State of Alaska limited entry program. (2) Halibut. (e) Western Alaska Community Development Quota (CDQ) Program. (f) Groundfish and Halibut Observer Program. (g) Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs. (h) Fishery Management Plan for the Scallop Fishery off Alaska. (2) State of Alaska laws and regulations that are consistent with the FMP and with the regulations in this part apply to vessels of the United States that are fishing for scallops in the Federal waters off Alaska. (i) Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska (Salmon FMP) (2) State of Alaska laws and regulations that are consistent with the Salmon FMP and with the regulations in this part apply to vessels of the United States that are commercial and sport fishing for salmon in the East Area of the Salmon Management Area. (j) License Limitation Program (LLP). (2) Regulations in this part govern the commercial fishing for groundfish under the LLP by vessels of the United States using authorized gear within the GOA and the Bering Sea and Aleutians Islands Area and the commercial fishing for crab species under the LLP by vessels of the United States using authorized gear within the Bering Sea and Aleutians Islands Area. (k) American Fisheries Act and AI directed pollock fishery measures. (l) Fishery Management Plan for Fish Resources of the Arctic Management Area. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.2 Definitions. In addition to the definitions in the Magnuson-Stevens Act and in part 600 of this chapter, the terms used in this part have the following meanings: ABC reserve ABC surplus Active/inactive periods 1 1 1 1 Adequate evidence, ADF&G ADF&G fish ticket number i.e. i.e. ADF&G processor code AFA catcher/processor (1) For purposes of BS pollock and all BSAI groundfish fisheries other than Atka mackerel, flathead sole, Greenland turbot, Pacific cod, Pacific ocean perch, rock sole, and yellowfin sole, a catcher/processor that is permitted to harvest BS pollock under § 679.4(l)(2). (2) For purposes of BSAI Atka mackerel, flathead sole, Greenland turbot, Pacific cod, Pacific ocean perch, rock sole, and yellowfin sole, a catcher/processor that is permitted to harvest BS pollock and that is listed under § 679.4(l)(2)(i). AFA catcher vessel AFA crab processing facility AFA entity AFA fee liability AFA fee percentage AFA inshore processor AFA mothership AFA pollock equivalent pounds AFA rebuilt vessel AFA replacement vessel AFA standard ex-vessel value AFA standard price AFA vessel Affiliates, Affiliation for the purpose of defining AFA, Rockfish Program, and PCTC Program (1) What is 10 percent or greater ownership? (2) What is an indirect interest? (3) What is control? (i) Controls 10 percent or more of the voting stock of another corporation or business concern; (ii) Has the authority to direct the business of the entity that owns the fishing vessel or processor. The authority to direct the business of the entity does not include the right to simply participate in the direction of the business activities of an entity that owns a fishing vessel or processor; (iii) Has the authority in the ordinary course of business to limit the actions of or to replace the chief executive officer, a majority of the board of directors, any general partner or any person serving in a management capacity of an entity that holds 10 percent or greater interest in a fishing vessel or processor. Standard rights of minority shareholders to restrict the actions of the entity are not included in this definition of control provided they are unrelated to day-to-day business activities. These rights include provisions to require the consent of the minority shareholder to sell all or substantially all the assets, to enter into a different business, to contract with the major investors or their affiliates, or to guarantee the obligations of majority investors or their affiliates; (iv) Has the authority to direct the transfer, operation, or manning of a fishing vessel or processor. The authority to direct the transfer, operation, or manning of a vessel or processor does not include the right to simply participate in such activities; (v) Has the authority to control the management of or to be a controlling factor in the entity that holds 10 percent or greater interest in a fishing vessel or processor; (vi) Absorbs all the costs and normal business risks associated with ownership and operation of a fishing vessel or processor; (vii) Has the responsibility to procure insurance on the fishing vessel or processor, or assumes any liability in excess of insurance coverage; (viii) Has the authority to control a fishery cooperative through 10 percent or greater ownership or control over a majority of the vessels in the cooperative, has the authority to appoint, remove, or limit the actions of or replace the chief executive officer of the cooperative, or has the authority to appoint, remove, or limit the actions of a majority of the board of directors of the cooperative. In such instance, all members of the cooperative are considered affiliates of the individual, corporation, or other business concern that exerts control over the cooperative; or (ix) Has the ability through any other means whatsoever to control the entity that holds 10 percent or greater interest in a fishing vessel or processor. Agent For purposes of permits issued under § 679.4, (2) For purposes of groundfish product distribution under § 679.5(g), (3) For purposes of IFQ recordkeeping and reporting under § 679.5(l), Agent for service of process AI directed pollock fishery Alaska local time (A.l.t.) Alaska Seamount Habitat Protection Areas Alaska State waters Aleut Corporation et seq. Aleut Corporation entity Aleutian Islands Coral Habitat Protection Areas Aleutian Islands Habitat Conservation Area Aleutian Islands pollock equivalent pounds Aleutian Islands pollock fee liability Aleutian Islands pollock fee percentage Aleutian Islands pollock standard ex-vessel value Aleutian Islands pollock standard price Aleutian Islands shoreplant Aleutian Islands Subarea (AI) American Fisheries Act (AFA) Amendment 80 ABC reserve Amendment 80 cooperative Amendment 80 equivalent pounds Amendment 80 fee liability Amendment 80 fee percentage Amendment 80 fishery Amendment 80 initial QS pool Amendment 80 legal landing (1) Was made in compliance with state and Federal regulations in effect at that time; and (2) Is recorded on a Weekly Production Report from January 20, 1998, through December 31, 2004; and (3) Amendment 80 species caught while test fishing, fishing under an experimental, exploratory, or scientific activity permit, or fishing under the Western Alaska CDQ Program are not considered Amendment 80 legal landings. Amendment 80 limited access fishery Amendment 80 LLP license means: (1) Any LLP license that is endorsed for groundfish in the Bering Sea subarea or Aleutian Islands subarea with a catcher/processor designation and that designates an Amendment 80 vessel in an approved application for Amendment 80 QS; (2) Any LLP license that designates an Amendment 80 vessel at any time after the effective date of the Amendment 80 Program; and (3) Any Amendment 80 LLP/QS license. Amendment 80 LLP/QS license Amendment 80 mackerel QS Amendment 80 mackerel vessel Amendment 80 non-mackerel QS Amendment 80 non-mackerel vessel Amendment 80 official record Amendment 80 Program Amendment 80 PSC Amendment 80 QS holder Amendment 80 QS permit Amendment 80 QS pool Amendment 80 QS unit Amendment 80 replacement vessel Amendment 80 sector (1) Those Amendment 80 QS holders who own Amendment 80 vessels and hold Amendment 80 LLP licenses; or (2) Those persons who hold Amendment 80 LLP/QS licenses. Amendment 80 species means (1) BSAI Atka mackerel; (2) Aleutian Islands Pacific ocean perch; (3) BSAI flathead sole; (4) BSAI Pacific cod; (5) BSAI rock sole; and (6) BSAI yellowfin sole. Amendment 80 standard ex-vessel value Amendment 80 standard price Amendment 80 vessel (1) Is listed in Column A of Table 31 to this part with the corresponding USCG Documentation Number listed in Column B of Table 31 to this part; or (2) Is designated on an Amendment 80 QS permit, Amendment 80 LLP/QS license, or Amendment 80 LLP license and is approved by NMFS in accordance with § 679.4(o)(4) as an Amendment 80 replacement vessel. Ancillary product Appointed agent for service of process Arctic fish Arctic Management Area Area endorsement (1) Aleutian Islands area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Aleutian Islands Subarea; (2) Bering Sea area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Bering Sea Subarea; (3) Central Gulf area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Central GOA regulatory area and the West Yakutat District; (4) Southeast Outside area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Southeast Outside District; and (5) Western Gulf area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Western GOA regulatory area. Area/species endorsement (1) Aleutian Islands brown king in waters with an eastern boundary the longitude of Scotch Cap Light (164°44′ W. long.), a western boundary of the U.S.-Russian Convention Line of 1867, and a northern boundary of a line from the latitude of Cape Sarichef (54°36′ N. lat.) westward to 171° W. long., then north to 55°30′ N. lat., then west to the U.S.-Russian Convention line of 1867. (2) Aleutian Islands red king in waters with an eastern boundary the longitude of Scotch Cap Light (164°44′ W. long.), a western boundary of the U.S.-Russian Convention Line of 1867, and a northern boundary of a line from the latitude of Cape Sarichef (54°36′ N. lat.) westward to 171° W. long., then north to 55°30′ N. lat., and then west to the U.S.-Russian Convention line of 1867. (3) Bristol Bay red king in waters with a northern boundary of 58°39′ N. lat., a southern boundary of 54°36′ N. lat., and a western boundary of 168° W. long. and including all waters of Bristol Bay. (4) Bering Sea and Aleutian Islands Area C. opilio C. bairdi (5) Norton Sound red king and Norton Sound blue king in waters with a western boundary of 168° W. long., a southern boundary of 61°49′ N. lat., and a northern boundary of 65°36′ N. lat. (6) Pribilof red king and Pribilof blue king in waters with a northern boundary of 58°39′ N. lat., an eastern boundary of 168° W. long., a southern boundary line from 54°36′ N. lat., 168° W. long., to 54°36′ N. lat., 171° W. long., to 55°30′ N. lat., 171° W. long., to 55°30′ N. lat., 173°30′ E. lat., and then westward to the U.S.-Russian Convention line of 1867. (7) St. Matthew blue king in waters with a northern boundary of 61°49′ N. lat., a southern boundary of 58°39′ N. lat., and a western boundary of the U.S.-Russian Convention line of 1867. Associated processor (1) Relationship with a buying station or tender vessel. (2) Relationship with a custom processor. At-sea operation Authorized distributor Authorized fishing gear (1) Bottom contact gear (2) Dinglebar gear (3) Dredge (4) Fixed gear (i) For sablefish harvested from any GOA reporting area, all longline gear, longline pot gear, and, for purposes of determining initial IFQ allocation, all pot gear used to make a legal landing. (ii) For sablefish harvested from any BSAI reporting area, all hook-and-line gear, jig gear, and all pot gear. (iii) For halibut harvested from any IFQ regulatory area, all fishing gear composed of lines with hooks attached, including one or more stationary, buoyed, and anchored lines with hooks attached. (iv) For halibut harvested from any GOA reporting area, all longline pot gear, if the vessel operator is fishing for IFQ sablefish in accordance with § 679.42(l). (v) For halibut harvested from any IFQ regulatory area in the BSAI, all pot gear, if the vessel operator is fishing for IFQ or CDQ halibut in accordance with § 679.42. (5) Hand troll gear (6) Handline gear (7) Hook-and-line gear (8) Jig gear (9) Longline gear (10) Longline pot (11) Mobile bottom contact gear (12) Nonpelagic trawl (13) Nontrawl gear (14) Pelagic trawl gear (i) Has no discs, bobbins, or rollers; (ii) Has no chafe protection gear attached to the footrope or fishing line; (iii) Except for the small mesh allowed under paragraph (14)(ix) of this definition: (A) Has no mesh tied to the fishing line, headrope, and breast lines with less than 20 inches (50.8 cm) between knots and has no stretched mesh size of less than 60 inches (152.4 cm) aft from all points on the fishing line, headrope, and breast lines and extending passed the fishing circle for a distance equal to or greater than one half the vessel's LOA; or (B) Has no parallel lines spaced closer than 64 inches (162.6 cm) from all points on the fishing line, headrope, and breast lines and extending aft to a section of mesh, with no stretched mesh size of less than 60 inches (152.4 cm) extending aft for a distance equal to or greater than one-half the vessel's LOA; (iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft of the mesh described in paragraph (14)(iii) of this definition for a distance equal to or greater than one-half the vessel's LOA; (v) Contains no configuration intended to reduce the stretched mesh sizes described in paragraphs (14)(iii) and (iv) of this definition; (vi) Has no flotation other than floats capable of providing up to 200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder device; (vii) Has no more than one fishing line and one footrope for a total of no more than two weighted lines on the bottom of the trawl between the wing tip and the fishing circle; (viii) Has no metallic component except for connectors (e.g., hammerlocks or swivels) or a net-sounder device aft of the fishing circle and forward of any mesh greater than 5.5 inches (14.0 cm) stretched measure; (ix) May have small mesh within 32 ft (9.8 m) of the center of the headrope as needed for attaching instrumentation (e.g., net-sounder device); and (x) May have weights on the wing tips. (15) Pot gear (i) Biodegradable panel. (A) Collapsible pot exception. e.g., (B) [Reserved] (ii) Tunnel opening. (A) Halibut retention exception. (B) Greenland turbot exception. (16) Pot-and-line gear (17) Power troll gear (18) Trawl gear (19) Troll gear (20) Snap gear 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. Basis species Bering Sea and Aleutian Islands Area Bering Sea and Aleutian Islands Management Area (BSAI), Bering Sea Habitat Conservation Area Bering Sea Subarea of the BSAI Bled codend Bogoslof District Bowers Ridge Habitat Conservation Zone Breast line Briefing BSAI trawl limited access sector (1) Using an Amendment 80 vessel or an Amendment 80 LLP license; or (2) Fishing for CDQ groundfish. Bulwark Buying station Bycatch Limitation Zone 1 (Zone 1) Bycatch Limitation Zone 2 (Zone 2) Bycatch or bycatch species Calendar day Catch Catcher/processor (C/P) Catcher/processor vessel designation (1) Designated on a groundfish license to deploy a vessel to conduct directed fishing for license limitation groundfish and process license limitation groundfish on that vessel or to conduct only directed fishing for license limitation groundfish; or (2) Designated on a crab species license to deploy a vessel to conduct directed fishing for crab species and process crab species on that vessel or to conduct only directed fishing for crab species. Catcher vessel (C/V) Catcher vessel designation (1) Designated on a groundfish license to deploy a vessel to conduct directed fishing for, but not process, license limitation groundfish on that vessel; or (2) Designated on a crab species license to deploy a vessel to conduct directed fishing for, but not process, crab species on that vessel. Catcher Vessel Operational Area (CVOA) CBL CDQ CDQ ABC reserve CDQ allocation CDQ equivalent pounds CDQ fee liability CDQ fee percentage CDQ group CDQ number CDQ Program CDQ representative CDQ reserve CDQ species CDQ standard ex-vessel value CDQ standard price Central Aleutian District Central GOA Regulatory Area Charter halibut permit Charter halibut permit holder, Charter halibut stamp Charter halibut stamp validation Charter vessel Charter vessel angler Charter vessel fishing trip Charter vessel guide Chum Salmon Savings Area of the BSAI CVOA Civil judgment, Clearing officer means, Commercial fishing (1) For purposes of the salmon fishery, fishing for salmon for sale or barter. (2) For purposes of the Pacific halibut fishery, fishing, the resulting catch of which either is, or is intended to be, sold or bartered but does not include subsistence fishing for halibut, as defined at 50 CFR 300.61. (3) For purposes of Arctic fish, the resulting catch of fish in the Arctic Management Area which either is, or is intended to be, sold or bartered but does not include subsistence fishing for Arctic fish, as defined in this subsection. Commercial Operator's Annual Report (COAR) Commissioner of ADF&G Community charter halibut permit Community quota entity (CQE) (1) Did not exist prior to April 10, 2002; (2) Represents at least one eligible community that is listed in Table 21 of this part; and, (3) Has been approved by the Regional Administrator to obtain by transfer and hold QS, and to lease IFQ resulting from the QS on behalf of an eligible community; and (4) Must be the Adak Community Entity as defined at § 680.2 if that non-profit organization represents the eligible community of Adak, AK. Conviction, Cooperative quota (CQ) For purposes of the Amendment 80 Program (i) The annual catch limit of an Amendment 80 species that may be caught by an Amendment 80 cooperative while fishing under a CQ permit; (ii) The amount of annual halibut and crab PSC that may be used by an Amendment 80 cooperative while fishing under a CQ permit. (2) For purposes of the Rockfish Program (i) The annual catch limit of a rockfish primary species or rockfish secondary species that may be harvested by a rockfish cooperative while fishing under a CQ permit; (ii) The amount of annual halibut PSC that may be used by a rockfish cooperative in the Central GOA while fishing under a CQ permit (see rockfish halibut PSC in this section). (3) For purposes of the PCTC Program (i) The annual catch limit of Pacific cod that may be caught by a PCTC Program cooperative while fishing under a CQ permit; (ii) The amount of annual halibut and crab PSC that may be used by a PCTC Program cooperative while fishing under a CQ permit. C. Opilio Crab Bycatch Limitation Zone (COBLZ) CQ permit CQE floating processor Council Crab species Paralithodes camtschatica Paralithodes platypus Lithodes aequispina Lithodes couesi Chionoecetes bairdi Chionoecetes opilio Chionoecetes tanneri Chionoecetes angulatus Crab species license Cruise Daily bag limit Daily reporting period or day Data collection agent Debriefing Decertification, Decertifying official, Deep water flatfish Deployment Designated contact for the Aleut Corporation Designated cooperative representative Designated primary processor Direct financial interest Directed fishing (1) Unless indicated otherwise, (2) With respect to license limitation groundfish species, directed fishing as defined in paragraph (1) of this definition. (3) With respect to crab species under this part, the catching and retaining of any crab species. (4) With respect to the harvest of groundfish by AFA catcher/processors and AFA catcher vessels, any fishing activity that results in the retention of an amount of a species or species group on board a vessel that is greater than the maximum retainable percentage for that species or species group as calculated under § 679.20. (5) With respect to the harvest of flatfish in the Bering Sea subarea, (6) With respect to the harvest of flatfish in the Central GOA Regulatory Area, Discard Dockside sale Documented harvest Donut Hole Eastern Aleutian District Eastern GOA Regulatory Area Economic data report eLandings Electronic Monitoring system or EM system Eligible applicant (1) For a groundfish license or crab species license, who owned a vessel on June 17, 1995, from which the minimum number of documented harvests of license limitation groundfish or crab species were made in the relevant areas during the qualifying periods specified in § 679.4(k)(4) and (k)(5), unless the fishing history of that vessel was transferred in conformance with the provisions in paragraph (2) of this definition; or (2) For a groundfish license or crab species license, to whom the fishing history of a vessel from which the minimum number of documented harvests of license limitation groundfish or crab species were made in the relevant areas during the qualifying periods specified in § 679.4(k)(4) and (k)(5) has been transferred or retained by the express terms of a written contract that clearly and unambiguously provides that the qualifications for a license under the LLP have been transferred or retained; or (3) For a crab species license, who was an individual who held a State of Alaska permit for the Norton Sound king crab summer fishery at the time he or she made at least one harvest of red or blue king crab in the relevant area during the period specified in § 679.4(k)(5)(ii)(G), or a corporation that owned or leased a vessel on June 17, 1995, that made at least one harvest of red or blue king crab in the relevant area during the period in § 679.4(k)(5)(ii)(G), and that was operated by an individual who was an employee or a temporary contractor; or (4) For a scallop license, who qualifies for a scallop license as specified at § 679.4(g)(2) of this part; or (5) Who is an individual that can demonstrate eligibility pursuant to the provisions of the Rehabilitation Act of 1973 at 29 U.S.C. 794 (a). Eligible community means: (1) for purposes of the CDQ Program, a community identified as eligible for the CDQ Program under 16 U.S.C. 1855(i)(1)(D). Eligible communities are listed in Table 7 to this part. (2) For purposes of the IFQ program in the GOA, a community that is listed in Table 21 to this part, and that: (i) Is a municipality or census designated place, as defined in the 2000 United States Census, located on the GOA coast of the North Pacific Ocean; (ii) Has a population of not less than 20 and not more than 1,500 persons based on the 2000 United States Census; (iii) Has had a resident of that community with at least one commercial landing of halibut or sablefish made during the period from 1980 through 2000, as documented by the State of Alaska Commercial Fisheries Entry Commission; and (iv) Is not accessible by road to a community larger than 1,500 persons based on the 2000 United States Census. (3) For purposes of the IFQ program in the Aleutian Islands subarea, a community that is listed in Table 21 to this part, and that: (i) Is a municipality or census designated place, as defined in the 2000 United States Census, located on the Aleutian Islands subarea coast of the North Pacific Ocean; (ii) Is not an entity identified as eligible for the CDQ Program under 16 U.S.C. 1855(i)(1)(D); (iii) Has a population of not less than 20 and not more than 1,500 persons based on the 2000 United States Census; (iv) Has had a resident of that community with at least one commercial landing of halibut or sablefish made during the period from 1980 through 2000, as documented by the State of Alaska Commercial Fisheries Entry Commission; and (v) Is not accessible by road to a community larger than 1,500 persons based on the 2000 United States Census. Eligible community resident (1) For purposes of the IFQ Program, any individual who: (i) Is a citizen of the United States; (ii) Has maintained a domicile in a rural community listed in Table 21 to this part for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in another community, state, territory, or country, except that residents of the Village of Seldovia shall be considered to be eligible community residents of the City of Seldovia for the purposes of eligibility to lease IFQ from a CQE; and (iii) Is an IFQ crew member except when that person is receiving halibut or sablefish IFQ that is derived from QS held by a CQE on behalf of an eligible community in the Aleutian Islands. (2) For purposes of the Area 2C and Area 3A catch sharing plan (CSP) in § 300.65(c) of this title, means any individual or non-individual entity who: (i) Holds a charter halibut permit as defined in § 300.61 of this title; (ii) Has been approved by the Regional Administrator to receive GAF, as defined in § 300.61 of this title, from a CQE in a transfer between IFQ and GAF pursuant to § 300.65(c)(5)(ii) of this title; and (iii) Begins or ends every charter vessel fishing trip, as defined in § 300.61 of this title, authorized by the charter halibut permit issued to that person, and on which halibut are retained, at a location(s) within the boundaries of the community represented by the CQE from which the GAF were received. The geographic boundaries of the eligible community will be those defined by the United States Census Bureau. EM service provider (1) EM hardware service provider (2) EM data review service provider Endorsement. area endorsement (2) (See area/species endorsement (3) (See § 679.4(g)(3)(ii) area endorsements Experimental fishery Exempted fishery, Federal waters Federally permitted vessel Fishery cooperative or cooperative Fish product Fish product weight Fishermen Fishing circle Fishing line Fishing trip (i) Catcher/processors and motherships. (A) The effective date of a notification prohibiting directed fishing in the same area under § 679.20 or § 679.21; (B) The offload or transfer of all fish or fish product from that vessel; (C) The vessel enters or leaves an area where a different directed fishing prohibition applies; (D) The vessel begins fishing with a different type of authorized fishing gear; or (E) The end of a weekly reporting period, whichever comes first. (ii) Catcher vessels. (2) IFQ program. (3) North Pacific Observer Program. (i) For a catcher vessel delivering to a shoreside processor or stationary floating processor, the period of time that begins when a catcher vessel departs a port to harvest fish until the offload or transfer of all fish from that vessel. (ii) For a catcher vessel delivering to a tender vessel, the period of time that begins when a catcher vessel departs from port to harvest fish until the vessel returns to a port in which a shoreside processor or stationary floating processor with a valid FPP is located. (iii) For a catcher/processor in the partial observer coverage category, the period of time that begins when the vessel departs a port to harvest fish until the vessel returns to port and offloads all processed product. (iv) For a vessel in any EM category, the period of time that begins when the vessel with an empty hold departs a port or tender vessel until the vessel returns to a port or tender vessel and offloads or delivers all fish. (4) For purposes of § 679.7(n)(7) (5) For purposes of § 679.7(o)(4) (6) For purposes of § 679.7(d)(5)(ii)(C)( 2 (7) For purposes of subpart J of this part, the period beginning when a vessel operator commences commercial fishing for any salmon species in the Cook Inlet EEZ Area and ending when the vessel operator offloads or transfers any unprocessed salmon species from that vessel. Fishing year Fixed gear sablefish CDQ reserve Flatfish Exchange Federal Register. Food bank distributor Food bank network Footrope Forage fish Gear Gear deployment (or to set gear) Gear retrieval (or to haul gear) Grenadiers Groundfish (2) Target species specified annually pursuant to § 679.20(a)(2) (See also the definitions for: License limitation groundfish CDQ species IR/IU species Groundfish CDQ fishing Groundfish license Groundfish product or fish product Gulf of Alaska (GOA) Gulf of Alaska Coral Habitat Protection Areas Gulf of Alaska Slope Habitat Conservation Areas Halibut Hippoglossus stenolepis Halibut CDQ fishing Halibut CDQ reserve Halibut Deck Sorting Harvesting or to harvest Harvest zone codes Haul Headrope Health care provider Herring Savings Area Hook-and-line catcher/processor Hunger relief agency IFQ actual ex-vessel value IFQ crew member IFQ equivalent pound(s) IFQ fee liability IFQ fee percentage IFQ halibut IFQ landing IFQ permit holder see IFQ program IFQ regulatory area means: (1) With respect to IFQ halibut, areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as prescribed in the annual management measures published in the Federal Register (2) With respect to IFQ sablefish, any of the three regulatory areas in the GOA and any subarea of the BSAI, and all waters of the State of Alaska between the shore and the inshore boundary of such regulatory areas and subareas, except waters of Prince William Sound and areas in which sablefish fishing is managed under a State of Alaska limited entry program (see Figure 14 to this part). IFQ retro-payment IFQ sablefish IFQ standard ex-vessel value IFQ standard price Immediate family member (1) Spouse, and parents thereof; (2) Sons and daughters, and spouses thereof; (3) Parents, and spouses thereof; (4) Brothers and sisters, and spouses thereof; (5) Grandparents and grandchildren, and spouses thereof; (6) Domestic partner and parents thereof, including domestic partners of any individual in paragraphs (1) through (5) of this definition; and (7) Any individual related by blood or affinity whose close association with the QS holder is the equivalent of a family relationship. Incidental catch or incidental species Indictment, Individual Individual fishing quota (IFQ) Initial Total Allowable Catch (ITAC) Inshore component in the GOA (1) Shoreside processors. (2) Vessels less than 125 ft (38.1 m) LOA that hold an inshore processing endorsement on their Federal fisheries permit, and that process no more than 126 mt per week in round-weight equivalents of an aggregate amount of pollock and Eastern GOA Pacific cod. (3) Stationary floating processors that— (i) Hold an inshore processing endorsement on their Federal processor permit; (ii) Process pollock harvested in a GOA directed fishery at a single GOA geographic location in Alaska state waters during a fishing year; and/or, (iii) Process Pacific cod harvested in the Eastern GOA regulatory area at a single GOA geographic location in Alaska state waters during a fishing year. Interagency electronic reporting system (IERS) IPHC IR/IU IR/IU species King crab Paralithodes camtschatica P. platypus Lithodes aequispina Lithodes couesi Landing Legal landing Legal landing of halibut or sablefish Length overall (LOA) of a vessel (1) The outside foremost part of the vessel visible above the waterline, including bulwarks, but excluding bowsprits and similar fittings or attachments, and (2) The outside aftermost part of the vessel visible above the waterline, including bulwarks, but excluding rudders, outboard motor brackets, and similar fittings or attachments (see Figure 6 to this part). License holder License limitation groundfish Limited Access System Administrative Fund (LASAF) Listed AFA catcher/processor LLP license originally assigned to an Amendment 80 vessel Logbook Management area Manager, Marmot Bay Tanner Crab Protection Area Maximum LOA (MLOA) (1) With respect to the scallop license limitation program, (i) Authorized by a Federal or State of Alaska Scallop Moratorium Permit to harvest scallops; (ii) Used by the eligible applicant to make legal landings of scallops during the scallop LLP qualification period, as specified at § 679.4(g)(2)(iii) of this part. (2) With respect to the groundfish and crab species license limitation program, (i) If the vessel's LOA on June 17, 1995, was less than 60 ft (18.3 m), or if the vessel was under reconstruction on June 17, 1995, and the vessel's LOA on the date that reconstruction was completed was less than 60 ft (18.3 m), then the vessel's MLOA cannot exceed 59 ft (18 m). (ii) If the vessel's LOA on June 17, 1995, was greater than or equal to 60 ft (18.3 m) but less than 125 ft (38.1 m), or if the vessel was under reconstruction on June 17, 1995, and the vessel's LOA on the date that reconstruction was completed was greater than or equal to 60 ft (18.3 m) but less 125 ft (38.1 m), then the vessel's MLOA cannot exceed 124 ft (37.8 m). (iii) If the vessel's LOA on June 17, 1995, was 125 ft (38.1 m) or greater, then the vessel's MLOA is the vessel's LOA on June 17, 1995, or if the vessel was under reconstruction on June 17, 1995, and the vessel's LOA on the date that reconstruction was completed was 125 ft (38.1 m) or greater, then the vessel's MLOA is the vessel's LOA on the date reconstruction was completed. (iv) The MLOA of an Amendment 80 LLP license or Amendment 80 LLP/QS license will be permanently changed to 295 ft. (89.9 m) when an Amendment 80 replacement vessel is listed on the license following the approval of a license transfer application described at § 679.4(k)(7). (v) The MLOA of a groundfish LLP license endorsed to catch and process Pacific cod with hook-and-line gear in the BS or AI, or both, and is designated in Column B of Table 9 to this part is 220 feet (67 m). (vi) An AFA vessel is exempt from the MLOA on an LLP license with a Bering Sea area endorsement or an Aleutian Islands area endorsement when the vessel is used in the BSAI to harvest or process license limitation groundfish and the LLP license specifies an exemption from the MLOA restriction for the AFA vessel. Maximum retainable amount (MRA) Military charter halibut permit Modified Gear Trawl Zone Mothership Nearshore Bristol Bay Trawl Closure Area of the BSAI Net-sounder device Net weight (IFQ or CDQ halibut only). NMFS Alaska Region website https://www.fisheries.noaa.gov/region/alaska. NMFS investigator, NMFS Person Identification Number Non-allocated or nonspecified species Non-IFQ groundfish Non-individual entity Non-allocated secondary species Rockfish Program species Non-chinook salmon Nontrawl EM selection pool North Pacific fishery Northern Bering Sea Research Area Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area Observed Observer (1) Individual employed by a permitted observer provider or a NMFS observer provider for the purpose of serving in the capacity of an observer aboard vessels and at shoreside processors or stationary floating processors under this part; or (2) NMFS employee deployed at the direction of the Regional Administrator or individual authorized by NMFS, aboard a vessel or at a shoreside processor or stationary floating processor for the purpose of serving in the capacity of an observer as required for vessels, shoreside processors, or stationary floating processors under § 679.51(a) or (b), or for other purposes of conservation and management of marine resources as specified by the Regional Administrator. Observer Program Observer Provider Official AFA record Official License Limitation Program (LLP) record Offshore component in the GOA Operate a vessel (1) Offloading or processing fish; (2) In transit to, from, or between the fishing areas; or (3) Fishing or conducting operations in support of fishing. Optimum yield (1) With respect to the salmon fishery, that amount of any species of salmon that will provide the greatest overall benefit to the Nation, with particular reference to food production and recreational opportunities, as specified in the Salmon FMP. (2) With respect to the groundfish and Arctic fisheries Other flatfish Other gear Other rockfish Other species Pacific Cod Trawl Cooperative (PCTC) Program Parallel groundfish fishery. PCTC Program cooperative PCTC Program harvester QS pool PCTC Program official record PCTC Program participants PCTC Program processor QS pool PCTC Program QS unit PCTC Program quota share (QS) Permit Person Personal use fishing Pollock CDQ fishing Pollock roe Possession limit Pot catcher/processor Preponderance of the evidence, Primary product Processing, to process, Processor vessel Product transfer report (PTR) Program Administrator, RAM Prohibited species Oncorhynchus spp. Oncorhynchus mykiss Hippoglossus stenolepis Clupea harengus pallasi Federal Register Prohibited species catch (PSC) PRR PSD Permit PSD Program PSQ PSQ allocation PSQ reserve PSQ species Qualified Person (1) With respect to the IFQ program, (2) With respect to the groundfish and crab species license limitation program, (3) With respect to the scallop LLP, Quarter, quarterly reporting period, (1) 1st quarter: January 1 through March 31. (2) 2nd quarter: April 1 through June 30. (3) 3rd quarter: July 1 through September 30. (4) 4th quarter: October 1 through December 31. Quota share (QS) Reconstruction Recreational Fishing Quota (RFQ) Recreational Quota Entity (RQE) Red King Crab Savings Area (RKCSA) of the BSAI Red King Crab Savings Subarea (RKCSS) of the BSAI Regional Administrator, Registered buyer Registered crab receiver (RCR) Registered Salmon Receiver Regulatory area Reporting area (1) An area that includes a statistical area of the EEZ off Alaska and any adjacent waters of the State of Alaska; (2) The reporting areas 300, 400, 550, and 690, which do not contain EEZ waters off Alaska or Alaska state waters; or (3) Reporting areas 649 and 659, which contain only waters of the State of Alaska. Representative Reprocessed or rehandled product Restricted AFA inshore processor Retain on board Rockfish (1) For the Gulf of Alaska: Sebastes Sebastolobus Sebastes ciliatus Sebastes melanops Sebastes mystinus (2) For the Bering Sea and Aleutian Islands Management Area: Sebastes Sebastolobus Sebastes ciliatus Rockfish (Catch Monitoring Control Plan) CMCP specialist, Rockfish cooperative Rockfish CQ Rockfish CQ equivalent pound(s Rockfish eligible harvester Rockfish entry level harvester Rockfish entry level longline fishery Rockfish entry level trawl fishery Rockfish fee liability Rockfish fee percentage Rockfish halibut PSC Rockfish legal landings (1) For catcher vessels: (2) For catcher/processors: Rockfish processor Rockfish Program Rockfish Program fisheries (1) A rockfish cooperative in the catcher/processor sector; (2) A rockfish cooperative in the catcher vessel sector; and (3) The rockfish entry level longline fishery. Rockfish Program official record Rockfish Program species (1) Rockfish primary species (2) Rockfish secondary species (i) Sablefish not allocated to the IFQ Program; (ii) Thornyhead rockfish; (iii) Pacific cod for the catcher vessel sector; (iv) Rougheye rockfish for the catcher/processor sector; and (v) Shortraker rockfish for the catcher/processor sector. (3) Rockfish non-allocated species Rockfish quota share (QS) Rockfish QS pool Rockfish QS unit Rockfish sector (1) Catcher/processor sector: (2) Catcher vessel sector: Rockfish sideboard fisheries Rockfish sideboard limit (1) The maximum amount of northern rockfish, Pacific ocean perch, and dusky rockfish that may be harvested in the Rockfish Program as specified in the sideboard provisions under § 679.82(e), as applicable; and (2) The maximum amount of halibut PSC that may be used in the Rockfish Program as specified in the sideboard provisions under § 679.82(e), as applicable. Rockfish sideboard ratio Rockfish standard ex-vessel value Rockfish standard price Round-weight equivalent Sablefish (black cod) Anoplopoma fimbria. IFQ sablefish; sablefish as a prohibited species sablefish as a prohibited species Sablefish CDQ fishing Salmon (1) Chinook (or king) salmon ( Oncorhynchus tshawytscha (2) Coho (or silver) salmon ( O. kisutch (3) Pink (or humpback) salmon ( O. gorbuscha (4) Sockeye (or red) salmon ( O. nerka (5) Chum (or dog) salmon ( O. keta Salmon bycatch incentive plan agreement (IPA) Salmon Management Area (1) The East Area (2) The West Area (i) The Prince William Sound Area means the EEZ shoreward of a line that starts at 60°16.8′ N and 146°15.24′ W and extends southeast to 59°42.66′ N and 144°36.20′ W and a line that starts at 59°43.28′ N and 144°31.50′ W and extends northeast to 59°56.4′ N and 143°53.6′ W. (ii) The Alaska Peninsula Area means the EEZ shoreward of a line at 54°22.5′ N from 164°27.1′ W to 163°1.2′ W and a line at 162°24.05′ W from 54°30.1′ N to 54°27.75′ N. (3) The Cook Inlet EEZ Area, Salmon shoreside processor Scallop(s) Patinopectin caurinus Scallop license Scallop Registration Area H (Cook Inlet) Sculpins Seabird Seabird avoidance gear Set Shallow water flatfish Shoreside processor Shoreside processor electronic logbook report (SPELR) Shucking machine Sideboard ratio for purposes of the Rockfish Program Single geographic location Sitka Pinnacles Marine Reserve Southeast Outside District Squids St. Lawrence Island Habitat Conservation Area St. Matthew Island Habitat Conservation Area State Stationary floating processor (SFP) (1) A vessel of the United States operating as a processor in Alaska State waters that remains anchored or otherwise remains stationary in a single geographic location while receiving or processing groundfish harvested in the GOA or BSAI; and (2) In the Western and Central GOA Federal reporting areas 610, 620, or 630, a vessel that has not operated as a catcher/processor, CQE floating processor, or mothership in the GOA during the same fishing year; however, an SFP can operate as catcher/processor or mothership in the BSAI and an SFP in the Western and Central GOA during the same fishing year. Statistical area Stretched mesh size Subsistence fishing Superexclusive registration area Support vessel Suspending official, Suspension, Tagged halibut or sablefish Tanner crab Chionoecetes Target species Tax-exempt organization Tender vessel Ten percent or greater direct or indirect ownership interest for purposes of the Amendment 80 Program (1) Person. (2) Indirect interest. (3) Controls a 10 percent or greater interest. (i) Controls a 10 percent ownership share of the second person; or (ii) Controls 10 percent or more of the voting or controlling stock of the second person. (4) Otherwise controls. (i) The right to direct, or does direct, the business of the other person; (ii) The right in the ordinary course of business to limit the actions of, or replace, or does limit or replace, the chief executive officer, a majority of the board of directors, any general partner, or any person serving in a management capacity of the other person; (iii) The right to direct, or does direct, the Rockfish Program fishery processing activities of the other person; (iv) The right to restrict, or does restrict, the day-to-day business activities and management policies of the other person through loan covenants; (v) The right to derive, or does derive, either directly, or through a minority shareholder or partner, and in favor of the other person, a significantly disproportionate amount of the economic benefit from the processing of fish by that other person; (vi) The right to control, or does control, the management of, or to be a controlling factor in, the other person; (vii) The right to cause, or does cause, the purchase or sale of fish processed by the other person; (viii) Absorbs all of the costs and normal business risks associated with ownership and operation of the other person; or (ix) Has the ability through any other means whatsoever to control the other person. Transfer (1) Groundfish fisheries of the GOA and BSAI. (2) IFQ halibut and CDQ halibut fisheries. Trawl EM category Trawl EM Incentive Plan Agreement (TEM IPA) Trawl test areas Unlisted AFA catcher/processor Unrestricted AFA inshore processor Unsorted codend U.S. citizen (1) General usage. (2) IFQ program. (ii) Any corporation, partnership, association, or other non-individual entity that would have qualified to document a fishing vessel as a vessel of the United States during the QS qualifying years of 1988, 1989, and 1990. U.S.-Russian Boundary User User identification (UserID) Vessel Activity Report (VAR) Vessel length category Vessel Monitoring Plan (VMP) Vessel operations category Walrus Protection Areas Waters of Cook Inlet Week-ending date Weekly production report (WPR) Weekly reporting period West Yakutat District Western Aleutian District Western GOA Regulatory Area Wing tip [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.3 Relation to other laws. (a) Foreign fishing for groundfish. (b) Domestic fishing for groundfish. (2) Alaska Administrative Code (5 AAC 39.130) governs reporting and permitting requirements using ADF&G “Intent to Operate” and “Fish Tickets.” (c) Halibut. (d) King and Tanner crabs. (e) Incidental catch of marine mammals. (f) Domestic fishing for salmon. (g) Scallops. [61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 62 FR 2045, Jan. 15, 1997; 62 FR 19688, Apr. 23, 1997; 63 FR 38502, July 17, 1998; 63 FR 47356, Sept. 4, 1998; 69 FR 877, Jan. 7, 2004; 70 FR 10232, Mar. 2, 2005; 77 FR 75587, Dec. 21, 2012; 89 FR 34758, Apr. 30, 2024] § 679.4 Permits. (a) Requirements. (1) What permits are available? If program permit or card type is: Permit is in effect from issue date through the end of: For more information, see . . . (i) IFQ: (A) Registered buyer Until expiration date shown on permit Paragraph (d)(3)(ii) of this section (B) Halibut & sablefish permits Specified fishing year Paragraph (d)(1) of this section (C) Halibut & sablefish hired master permits Specified fishing year Paragraph (d)(2) of this section (ii) CDQ Halibut (A) Halibut permit Specified fishing year Paragraph (e) of this section (B) Halibut hired master permit Specified fishing year Paragraph (e) of this section (iii) AFA: (A) Catcher/processor Indefinite unless permit is revoked after vessel is replaced or permit is suspended after vessel is lost Paragraph (l) of this section (B) Catcher vessel Indefinite unless permit is revoked after vessel is replaced or removed, or permit is suspended after vessel is lost Paragraph (l) of this section (C)Mothership Indefinite unless permit is revoked after vessel is replaced or permit is suspended after vessel is lost Paragraph (l) of this section (D) Inshore processor Indefinite Paragraph (l) of this section (E) Inshore cooperative Calendar year Paragraph (l) of this section (iv) Groundfish: (A) Federal fisheries Until expiration date shown on permit Paragraph (b) of this section (B) Federal processor Until expiration date shown on permit Paragraph (f) of this section (v) [Reserved] (vi) High Seas Fishing Compliance Act (HSFCA) 5 years § 300.10 of this title (vii) License Limitation Program (LLP): (A) Groundfish license Specified fishing year or interim (active until further notice) Paragraph (k) of this section (B) Crab license Specified fishing year or interim (active until further notice) Paragraph (k) of this section (C) Scallop license Indefinite Paragraph (g) of this section (viii) Exempted fisheries 1 year or less § 679.6 (ix) Research 1 year or less § 600.745(a) of this chapter (x) Prohibited species donation program: (A) Salmon 3 years § 679.26 (B) Halibut 3 years § 679.26 (xi) Special Subsistence Permits: (A) Community Harvest Permit 1 year § 300.65 of this title (B) Ceremonial or Educational Permit 30 days § 300.65 of this title (xii) Rockfish Program: (A) Rockfish QS Indefinite § 679.80(a). (B) CQ Until expiration date shown on permit Paragraph (n) of this section. (xiii) Amendment 80 Program: (A) Amendment 80 QS permit Indefinite § 679.90(b). (B) CQ permit Specified fishing year § 679.91(b). (C) Amendment 80 limited access fishery Specified fishing year § 679.91(b). (xiv) Crab Rationalization Program permits see § 680.4 of this chapter § 680.4 of this chapter (A) Crab Quota Share permit Indefinite § 680.4(b) of this chapter (B) Crab Processor Quota Share permit Indefinite § 680.4(c) of this chapter (C) Crab Individual Fishing Quota (IFQ) permit Specified fishing year § 680.4(d) of this chapter (D) Crab Individual Processor Quota (IPQ) permit Specified fishing year § 680.4(e) of this chapter (E) Crab IFQ hired master permit Specified fishing year § 680.4(g) of this chapter (F) Registered Crab receiver permit Specified fishing year § 680.4(i) of this chapter (G) Federal crab vessel permit Specified fishing year § 680.4(k) of this chapter (H) Crab harvesting cooperative IFQ permit Specified fishing year § 680.21(b) of this chapter (xv) Guided sport halibut fishery permits: (A) Charter halibut permit Until expiration date shown on permit 50 CFR 300.67 of this title and § 679.46. (B) Community charter halibut permit Indefinite unless invalidated under § 679.46(a)(1)(vi)(D) 50 CFR 300.67 of this title and § 679.46. (C) Military charter halibut permit Indefinite unless invalidated under § 679.46(a)(1)(vi)(D) 50 CFR 300.67 of this title and § 679.46. (D) Guided Angler Fish (GAF) permit Until expiration date shown on permit § 300.65 of this title. (xvi) PCTC Program: (A) PCTC Program QS permit (for processors) 10 Years Paragraph (q) of this section. (B) PCTC Program CQ permit Until expiration date shown on permit Paragraph (q) of this section (2) Permit and logbook required by participant and fishery. (3) Permit application Obtain and submit an application. http://alaskafisheries.noaa.gov. (ii) Deficient application. (iii) Separate permit. (iv) The information requested on the application must be typed or printed legibly. (v) All permits are issued free of charge. (4) [Reserved] (5) Alteration. (6) Disclosure. (7) Sanctions and denials. (8) Harvesting privilege. (9) Permit surrender. (ii) Submit the original permit, except for an FFP or an FPP, to NMFS, P.O. Box 21668, Juneau, AK 99802. For surrender of an FFP and FPP, respectively, refer to paragraphs (b)(3)(ii) and (f)(3)(ii) of this section. (iii) Objective written evidence is considered proof of a timely application. The responsibility remains with the sender to prove when the application to amend or to surrender a permit was received by NMFS ( i.e. (iv) For applications delivered by hand delivery or carrier only, the receiving date of signature by NMFS staff is the date the application was received. If the application is submitted by fax or mail, the receiving date of the application is the date stamped received by NMFS. (b) Federal fisheries permit (FFP) Requirements. (ii) Each vessel within the GOA or BSAI that retains groundfish must have a legible copy of a valid FFP on board at all times. (2) Vessel operations categories. (3) Duration Length of permit effectiveness. (ii) Surrendered permit (B) For the BSAI, NMFS will not reissue a surrendered FFP to the owner or authorized representative of a vessel named on an FFP that has been issued with endorsements for catcher/processor or catcher vessel operation type; trawl, pot, and/or hook-and-line gear type; and the BSAI area, until after the expiration date of the surrendered FFP as initially issued. (C) For the GOA, NMFS will not reissue a surrendered FFP to the owner or authorized representative of a vessel named on an FFP that has been issued a GOA area endorsement and any combination of endorsements for catcher/processor operation type, catcher vessel operation type, trawl gear type, hook-and-line gear type, pot gear type, and/or jig gear type, until after the expiration date of the surrendered FFP. (D) An owner or authorized representative, who applied for and received an FFP, must notify NMFS of the intention to surrender the FFP by submitting an FFP application found at the NMFS Web site at http://www.alaskafisheries.noaa.gov (iii) Amended permit http://alaskafisheries.noaa.gov. (B) In the BSAI, NMFS will not approve an application to amend an FFP to remove a catcher/processor or catcher vessel operation type endorsement, trawl gear type endorsement, pot gear type endorsement, hook-and-line gear type endorsement, or BSAI area endorsement from an FFP that has been issued with endorsements for catcher/processor or catcher vessel operation type, trawl, pot, or hook-and-line gear type, and the BSAI area. (C) In the GOA, NMFS will not approve an application to amend an FFP to remove endorsements for catcher/processor operation type, catcher vessel operation type, trawl gear type, hook-and-line gear type, pot gear type, or jig gear type, and the GOA area. (D) If the application for an amended FFP required under this section designates a change or addition of a vessel operations category or any other endorsement, a legible copy of the valid, amended FFP must be on board the vessel before the new or modified type of operation begins. (E) Selections for species endorsements will remain valid until an FFP is amended to remove those endorsements or the FFP with these endorsements is surrendered or revoked. (4) Submittal of application. http://alaskafisheries.noaa.gov. (5) Issuance. (ii) The Regional Administrator will send an FFP with the appropriate logbooks to the owner or authorized representative, as provided under § 679.5. (iii) NMFS will reissue an FFP to the owner or authorized representative who holds an FFP issued for a vessel if that vessel is subject to sideboard provisions as described under § 679.82(d) through (f). (iv) NMFS will reissue an FFP to the owner or authorized representative who holds an FFP issued to an Amendment 80 vessel. (6) Transfer. (7) Inspection. (c) [Reserved] (d) IFQ permits, IFQ hired master permits, and Registered Buyer permits. Federal Register (1) IFQ permit. (ii) A legible copy of any IFQ permit that specifies the IFQ regulatory area and vessel length overall from which IFQ halibut or IFQ sablefish may be harvested by the IFQ permit holder must be carried on board the vessel used by the permitted person to harvest IFQ halibut or IFQ sablefish at all times that such fish are retained on board. (iii) An IFQ permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An annual IFQ permit will not be reissued in the same fishing year in which it was surrendered, but a new annual IFQ permit may be issued to the quota share holder of record in a subsequent fishing year. (iv) An RFQ permit account identifies the amount of RFQ authorized for use by charter vessel anglers in Area 2C or Area 3A. The number of pounds of RFQ allocated to the RFQ permit account will be added to the annual guided sport catch limit under the catch sharing plan (described at 50 CFR 300.65(c)) for the appropriate IFQ regulatory area, Area 2C or Area 3A. (2) IFQ hired master permit. (ii) A legible copy of an IFQ hired master permit issued to an eligible individual in accordance with § 679.42(i) and (j) by the Regional Administrator must be onboard the vessel that harvests IFQ halibut or IFQ sablefish at all times that such fish are retained onboard by a hired master. Except as specified in § 679.42(d), an individual that is issued an IFQ hired master permit must remain onboard the vessel used to harvest IFQ halibut or IFQ sablefish with that IFQ hired master permit during the IFQ fishing trip and at the landing site during all IFQ landings. (iii) Each IFQ hired master permit issued by the Regional Administrator will display an IFQ permit number and the name of the individual authorized by the IFQ permit holder to land IFQ halibut or IFQ sablefish for debit against the IFQ permit holder's IFQ. In addition, IFQ hired master permits will also display the ADF&G vessel identification number of the authorized vessel. (iv) An IFQ hired master permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An IFQ hired master permit may be reissued to the permit holder of record in the same fishing year in which it was surrendered. (3) Registered Buyer permit. (ii) A Registered Buyer permit is required of: (A) Any person who receives IFQ halibut, CDQ halibut or IFQ sablefish from the person(s) who harvested the fish; (B) Any person who harvests IFQ halibut, CDQ halibut or IFQ sablefish and transfers such fish in a dockside sale, outside of an IFQ regulatory area, or outside the State of Alaska. (C) A vessel operator who submits a Departure Report (see § 679.5(l)(4)). (iii) A Registered Buyer permit is issued on an annual cycle defined as March 1 through the end of February of the next calendar year, to persons that have a Registered Buyer application approved by the Regional Administrator. (iv) For the Registered Buyer application to be considered complete, all fees due to NMFS under § 679.55 at the time of application must be paid. (v) A Registered Buyer permit is in effect from the first day of March in the year for which it is issued or from the date of issuance, whichever is later, through the end of the current annual cycle, unless it is revoked, suspended, surrendered in accordance with paragraph (a)(9) of this section, or modified under § 600.735 or § 600.740 of this chapter. (vi) A Registered Buyer permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A Registered Buyer permit may be reissued to the permit holder of record in the same fishing year in which it was surrendered. (4) Issuance. (5) Transfer. (6) Inspection IFQ permit and IFQ hired master permit. (B) The IFQ hired master permit holder must present a legible copy of the IFQ permit and a legible copy of the IFQ hired master permit for inspection on request of any authorized officer or Registered Buyer receiving IFQ species. (ii) Registered Buyer permit. (7) Validity. (e) Halibut CDQ permits and CDQ hired master permits Requirements. (ii) The CDQ group, vessel owner or operator, and Registered Buyer are subject to all of the IFQ prohibitions at § 679.7(f). (2) Halibut CDQ permit. (3) An individual must have on board the vessel a legible copy of his or her halibut CDQ hired master permit issued by the Regional Administrator while harvesting and landing any CDQ halibut. Each halibut CDQ hired master permit will identify a CDQ permit number and the individual authorized by the CDQ group to land halibut for debit against the CDQ group's halibut CDQ. A halibut CDQ hired master permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A halibut CDQ hired master permit may be reissued to the permit holder of record in the same fishing year in which it was surrendered. (4) Alteration. (5) Landings. (f) Federal processor permit (FPP) Requirement. (2) FPP application. http://alaskafisheries.noaa.gov. (i) Fees. (ii) Signature. (3) Duration Length of effectiveness. (ii) Surrendered permit. (B) An owner or authorized representative, who applied for and received an FPP, must notify NMFS of the intention to surrender the FPP by submitting an FPP application form found at the NMFS Web site at http://alaskafisheries.noaa.gov (iii) Amended permit Requirement. http://alaskafisheries.noaa.gov. (B) GOA Inshore Processing endorsement. (C) CQE Floating Processor endorsement. (D) Vessels are prohibited from holding both a GOA CQE Floating Processor endorsement and a GOA SFP endorsement during the same calendar year. (4) Transfer. (5) Inspection. (g) Scallop LLP General requirements. (ii) A scallop LLP license may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A surrendered scallop LLP license will cease to exist and will not be subsequently reissued. (2) Qualifications for a scallop LLP license. (i) Is a qualified person; (ii) Was named on a State of Alaska scallop moratorium permit or Federal scallop moratorium permit on February 8, 1999; (iii) Used the moratorium permit held on February 8, 1999, to make legal landings of scallops in each of any 2 calendar years during the qualification period beginning January 1, 1996, through October 9, 1998; and (iv) Submitted a complete application for a scallop license during the application period specified pursuant to paragraph (g)(4) of this section. (3) Scallop license conditions and endorsements. (i) The MLOA specified on the scallop license is equal to the length overall on February 8, 1999, of the longest vessel that was authorized by a Federal or State of Alaska Scallop Moratorium Permit to harvest scallops and used by the eligible applicant to make legal landings of scallops during the scallop LLP qualification period, as specified at § 679.4(g)(2)(iii) of this part. (ii) The gear specified on a scallop license will be restricted to two dredges with a combined width of no more than 20 feet (6.1 m) in all areas if the eligible applicant was a moratorium permit holder with a Scallop Registration Area H (Cook Inlet) endorsement and did not make a legal landing of scallops caught outside Area H during the qualification period specified in paragraph (g)(2)(iii) of this section. (4) Application for a scallop license General. (ii) Application Period. (iii) Contents of application. (A) Scallop Moratorium Permit number under which legal landings of scallops were made during the qualification period specified in paragraph (g)(2)(iii) of this section; (B) Name, business address, telephone number, FAX number, and social security number or tax ID number of the applicant, and whether the applicant is a U.S. citizen or a U.S. business; (C) Name of the managing company, if any; (D) Evidence of legal landings in the qualifying years and registration areas; (E) For the vessel(s) being used as the basis for eligibility for a license, the name, state registration number (e.g., ADF&G number), the USCG documentation number, and valid evidence of the LOA on February 8, 1999, of the longest vessel used by the applicant during the qualification period specified in paragraph (g)(2)(iii) of this section. (iv) Successor-in-interest. (A) Valid evidence of the death of that eligible applicant at the time of application, if the eligible applicant was an individual; or (B) Valid evidence that the eligible applicant is no longer in existence at the time of application, if the eligible applicant is not an individual. (v) Application evaluation. (vi) Additional information or evidence. (vii) 60-day evidentiary period. (viii) Initial administrative determinations (IAD). (ix) Issuance of a non-transferable license. (5) Transfer of a Scallop License General. (ii) Eligibility criteria for transfers. (A) The designated transferee is eligible to document a fishing vessel under Chapter 121, Title 46, U.S.C.; (B) The parties to the transfer do not have any fines, civil penalties, other payments due and outstanding, or outstanding permit sanctions resulting from Federal fishing violations; (C) The transfer will not cause the designated transferee to exceed the license limit in § 679.7(i); and (D) The transfer does not violate any other provision specified in this part. (iii) Contents of transfer application. (A) Name, business address, telephone number, and FAX number of the license holder and of the designated transferee; (B) License number and total price being paid for the license; (C) Certification that the designated transferee is a U.S. citizen, or a U.S. corporation, partnership, or other association; (D) A legible copy of a contract or sales agreement that specifies the license to be transferred, the license holder, the designated transferee, the monetary value or the terms of the license transfer; and (E) Other information the Regional Administrator deems necessary for measuring program performance. (iv) Incomplete applications. (v) Transfer by court order, operation of law, or as part of a security agreement. (h) [Reserved] (i) Exempted fisheries permits. (j) Prohibited species donation program permits. (k) Licenses for license limitation (LLP) groundfish or crab species General requirements. (ii) Each vessel must have a crab species license, defined in § 679.2, issued by NMFS on board at all times it is engaged in fishing activities for the crab fisheries identified in this paragraph. A crab species license may be used only to participate in the fisheries endorsed on the license and on a vessel that complies with the vessel designation and MLOA specified on the license. NMFS requires a crab species license endorsed for participation in the following crab fisheries: (A) Aleutian Islands Area C. opilio. (B) Norton Sound red king and Norton Sound blue king in waters of the EEZ with a western boundary of 168° W. long., a southern boundary of 62° N. lat., and a northern boundary of 65°36′ N. lat.; (C) Minor Species endorsement for Bering Sea golden king crab ( Lithodes aequispinus (2) Exempt vessels. (i) A catcher vessel or catcher/processor vessel that does not exceed 26 ft (7.9 m) LOA may conduct directed fishing for license limitation groundfish in the GOA without a groundfish license; (ii) A catcher vessel or catcher/processor vessel that does not exceed 32 ft (9.8 m) LOA may conduct directed fishing for license limitation groundfish in the BSAI without a groundfish license and may conduct directed fishing for crab species in the Bering Sea and Aleutian Islands Area without a crab species license; (iii) A vessel may use a maximum of five jig machines, one line per jig machine, and a maximum of 30 hooks per line, to conduct directed fishing for license limitation groundfish in the GOA without a groundfish license; (iv) A catcher vessel or catcher/processor vessel that does not exceed 60 ft (18.3 m) LOA may use a maximum of 5 jig machines, one line per jig machine, and a maximum of 15 hooks per line, to conduct directed fishing for license limitation groundfish in the BSAI without a groundfish license; (v) A catcher vessel or catcher/processor vessel that does not exceed 125 ft (38.1 m) LOA, and during the period after November 18, 1992, through October 9, 1998, was specifically constructed for and used exclusively in accordance with a CDP approved by NMFS, and is designed and equipped to meet specific needs that are described in the CDP, is exempted from the requirement to have a LLP groundfish license to conduct directed fishing for license limitation groundfish in the GOA and in the BSAI area and a crab species license to fish for crab species in the Bering Sea and Aleutian Islands Area; or (vi) The operator of a catcher vessel that is greater than 32 ft (9.8 m) LOA, that does not exceed 46 ft (14.0 m) LOA, and that is registered by a CDQ group following the procedures described in § 679.5(m) may use hook-and-line gear to conduct groundfish CDQ fishing without a groundfish license. (3) Vessel and gear designations and vessel length categories— Vessel MLOA General. (B) Modification of license MLOA for groundfish licenses with a Pacific cod endorsement in the GOA. 1 ( 2 ( i ( ii ( 3 2 (C) Modification of the MLOA on an Amendment 80 LLP license or an Amendment 80 LLP/QS license. (D) Modification of the MLOA on a groundfish LLP license listed in column A of Table 9 to this part. 1 ( 2 (E) Exemption from MLOA on an LLP license with a Bering Sea area endorsement or an Aleutian Islands area endorsement for AFA rebuilt or AFA replacement vessels. (ii) Vessel designations Catcher/processor vessel. ( 1 ( 2 ( 3 1 2 (B) Catcher vessel. 1 2 (C) Changing a vessel designation. (D) Limited processing by catcher vessels. (iii) Vessel length categories. (A) Vessel length category “A” if the LOA of the qualifying vessel on the relevant date was equal to or greater than 125 ft (38.1 m) LOA. (B) Vessel length category “B” if the LOA of the qualifying vessel on the relevant date was equal to or greater than 60 ft (18.3 m) but less than 125 ft (38.1 m) LOA. (C) Vessel length category “C” if the LOA of the qualifying vessel on the relevant date was less than 60 ft (18.3 m) LOA. (iv) Gear designations for groundfish licenses General. (B) Trawl/non-trawl. (C) Trawl. (D) Non-trawl. (E) Changing a gear designation. 1 ( 2 (F) Definitions of non-trawl gear and significant financial investment. 1 ( 2 (4) Qualifications for a groundfish license. (i) General qualification periods (GQP). A groundfish license will be assigned... if the requirements found in the table at § 679.4(k)(4)(ii) are met for the area endorsement and at least one documented harvest of license limitation groundfish was caught and retained in... during the period... (A) One or more area endorsements in the table at § 679.4(k)(4)(ii)(A) or (B) the BSAI or waters shoreward of the BSAI ( 1 2 3 (B) One or more area endorsements in the table at § 679.4(k)(4)(ii)(C) through (O) the GOA or in waters shoreward of the GOA ( 1 2 3 (ii) Endorsement qualification periods (EQP). A groundfish if... during the period... in... from a vessel and that meets the requirements for a... (A) An Aleutian Island area endorsement at least one documented harvest of any amount of license limitation groundfish was made beginning January 1, 1992, through June 17, 1995 the Aleutian Islands Subarea or in waters shoreward of that area “A”, “B”, or “C” catcher/ processor designation or a catcher vessel designation. (B) A Bering Sea area endorsement at least one documented harvest of any amount of license limitation groundfish was made beginning January 1, 1992, through June 17, 1995 the Bering Sea Subarea or in waters shoreward of that area “A”, “B”, or “C” catcher/ processor designation or a catcher vessel designation. (C) A Western Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two calendar years beginning January 1, 1992, through June 17, 1995 the Western GOA regulatory area or in waters shoreward of that area “A” catcher/ processor designation or a catcher vessel designation; or (D) A Western Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made beginning January 1, 1992, through June 17, 1995 the Western Area of the Gulf of Alaska or in waters shoreward of that area “B” catcher vessel designation; or (E) A Western Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two calendar years beginning January 1, 1992, through June 17, 1995 the Western Area of the Gulf of Alaska or in waters shoreward of that area “B” catcher/processor vessel designation; or (F) A Western Gulf area endorsement at least four documented harvest of any amount of license limitation groundfish were made beginning January 1, 1995, through June 17, 1995 the Western Area of the Gulf of Alaska or in waters shoreward of that area “B” catcher/processor vessel designation; or (G) A Western Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made beginning January 1, 1992, through June 17, 1995 the Western Area of the Gulf of Alaska or in waters shoreward of that area “C” catcher/processor designation or a catcher vessel designation. (H) A Central Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two calendar years beginning January 1, 1992, through June 17, 1995 the Central area of the Gulf of Alaska or in waters shoreward of that area, or in the West Yakutat District or in waters shoreward of that district “A” catcher/processor designation or a catcher vessel designation; or (I) A Central Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two calendar years beginning January 1, 1992, through June 17, 1995 the Central area of the Gulf of Alaska or in waters shoreward of that area, or in the West Yakutat District or in waters shoreward of that district “B” catcher/processor designation or a catcher vessel designation; or (J) A Central Gulf area endorsement at least four documented harvest of any amount of license limitation groundfish were made beginning January 1, 1995, through June 17, 1995 the Central area of the Gulf of Alaska or in waters shoreward of that area, or in the West Yakutat District or in waters shoreward of that district “B” catcher/processor designation or a catcher vessel designation; or (K) A Central Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made beginning January 1, 1992, through June 17, 1995 the Central area of the Gulf of Alaska or in waters shoreward of that area, or in the West Yakutat District or in waters shoreward of that district “C” catcher/processor designation or a catcher vessel designation. (L) A Southeast Outside area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two calendar years beginning January 1, 1992, through June 17, 1995 in the Southeast Outside District or in waters shoreward of that district “A” catcher/processor designation or a catcher vessel designation; or (M) A Southeast Outside area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two calendar years beginning January 1, 1992, through June 17, 1995 in the Southeast Outside District or in waters shoreward of that district “B” catcher/processor designation or a catcher vessel designation; or (N) A Southeast Outside area endorsement at least four documented harvest of any amount of license limitation groundfish were made beginning January 1, 1995, through June 17, 1995 in the Southeast Outside District or in waters shoreward of that district “B” catcher/processor designation or a catcher vessel designation; or (O) A Southeast Outside area endorsement at least one documented harvest of any amount of license limitation groundfish was made beginning January 1, 1992, through June 17, 1995 in the Southeast Outside District or in waters shoreward of that district “C” catcher/processor designation or a catcher vessel designation. (iii) An eligible applicant that is issued a groundfish license based on a vessel's qualifications in the table at paragraphs (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of this section must choose only one area endorsement for that groundfish license even if documented harvests qualifies the eligible applicant for more than one area endorsement. (iv) Notwithstanding the provisions in paragraph (k)(4)(i) of this section, NMFS will issue a groundfish license with the appropriate area endorsements to an eligible applicant whose vessel meets the requirements in the table at paragraph (k)(4)(i)(A) of this section, and the requirements in the table at any of the paragraphs (k)(4)(ii)(C) through (O) of this section, except: (A) From whose vessel no documented harvests were made in the GOA or waters shoreward of the GOA during the period beginning January 1, 1988, through June 27, 1992, and (B) From whose vessel no documented harvests were made in the BSAI or waters shoreward of the BSAI during the period beginning January 1, 1992, through June 17, 1995. (v) Notwithstanding the provisions in paragraph (k)(4)(i) of this section, a groundfish license with the appropriate area endorsements will be issued to an eligible applicant whose vessel meets the requirements in the tables at paragraphs (k)(4)(i) and (k)(4)(ii) and (A) or (B) of this section, except: (A) From whose vessel no documented harvests were made in the BSAI or waters shoreward of the BSAI during the period beginning January 1, 1988, through June 27, 1992, and (B) From whose vessel no documented harvests were made in the GOA or waters shoreward of the GOA during the period beginning January 1, 1992, through June 17, 1995. (vi) Trawl gear designation recent participation requirements. ( 1 ( 2 (B) NMFS shall assign a legal landing to a groundfish license for an area based only on information contained in the official record described in paragraph (k)(4)(x) of this section. (vii) Exemption to trawl gear recent participation requirements for the AFA, Amendment 80 Program, and Rockfish Program. (B) Trawl gear designations with Bering Sea or Aleutian Islands area endorsements on a groundfish license are exempt from the landing requirements in paragraph (k)(4)(vi) of this section provided that all of the following conditions apply: ( 1 ( 2 ( 3 (C) Trawl gear designations with Bering Sea or Aleutian Islands area endorsements on a groundfish license that is listed in Column C of Table 31 to this part are exempt from the landing requirements in paragraph (k)(4)(vi) of this section. (D) A trawl gear designation with Central Gulf area endorsement on a groundfish license that is assigned Rockfish QS is exempt from the landing requirements in paragraph (k)(4)(vi) of this section. (viii) Exemption to trawl gear recent participation requirements for groundfish licenses with a Central Gulf or Western Gulf area endorsement. (ix) Aleutian Island area endorsements for non-AFA trawl catcher vessels. ( 1 ( 2 ( 3 ( 4 (B) If a non-AFA catcher vessel that is equal to or greater than 60 feet LOA was used to make at least one legal landing in State of Alaska waters adjacent to the Aleutian Islands Subarea using trawl gear during the period from January 1, 2000, through December 31, 2006, or one landing of Pacific cod from the State of Alaska Pacific cod fishery during the period from January 1, 2000, through December 31, 2006, according to the official record, NMFS shall issue an Aleutian Island area endorsement with a trawl gear designation to a groundfish license assigned to the vessel owner according to the official record, provided that the groundfish license assigned to that non-AFA catcher vessel meets the following criteria: ( 1 ( 2 ( 3 ( 4 (C) NMFS will assign the AI endorsement to an eligible groundfish license held and designated by the vessel owner beginning on August 14, 2009. (D) If the vessel owner does not hold a groundfish license to which an AI endorsement may be assigned on August 14, 2009 according to the official record, the vessel owner will have the opportunity to amend the official record as described in paragraph (k)(4)(x) of this section to designate an otherwise eligible groundfish license. If the official record is subsequently amended, NMFS will assign the AI endorsement to the groundfish license specified in the amended official record. (x) Trawl gear recent participation official record. ( 1 ( 2 ( 3 ( 4 (B) The official record is presumed to be correct. A groundfish license holder has the burden to prove otherwise. For the purposes of creating the official record, the Regional Administrator will presume the following: ( 1 ( 2 ( 3 (C) Only legal landings as defined in § 679.2 and documented on State of Alaska fish tickets or NMFS weekly production reports will be used to assign legal landings to a groundfish license. (D) The Regional Administrator will specify by letter a 30-day evidentiary period during which an applicant may provide additional information or evidence to amend or challenge the information in the official record. A person will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30-day evidentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination. (E) The Regional Administrator will prepare and send an IAD to the applicant following the expiration of the 30-day evidentiary period if the Regional Administrator determines that the information or evidence provided by the person fails to support a person's claims and is insufficient to rebut the presumption that the official record is correct, or if the additional information, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evidentiary period. The IAD will indicate the deficiencies with the information, or the evidence submitted in support of the information. The IAD will also indicate which claims cannot be approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to § 679.43. A person who avails himself or herself of the opportunity to appeal an IAD will receive a non-transferable license pending the final resolution of that appeal, notwithstanding the eligibility of that applicant for some claims based on consistent information in the official record. (5) Qualification for a crab species license. (i) General qualification period (GQP). (A) At least one documented harvest of any amount of crab species must have been made from a vessel between January 1, 1988, and June 27, 1992; or (B) At least one documented harvest of any amount of crab species must have been made from a vessel between January 1, 1988, and December 31, 1994, providing that, during the period January 1, 1988, through February 9, 1992, the vessel for which the documented harvest was made also made a legal landing of any groundfish species harvested in the GOA or BSAI with any authorized gear, except sablefish caught with fixed gear, and, during the period February 10, 1992, through December 11, 1994, made a legal landing of any king or Tanner crab species harvested in the Bering Sea and Aleutian Islands Area. (ii) Area/species endorsements. A crab species license will be assigned... if... during the period... in... (A) A Pribilof red king and Pribilof blue king area/species endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel beginning January 1, 1993, through December 31, 1994 the area described in the definition for a Pribilof red king and Pribilof blue king area/species endorsement at § 679.2. (B) A Bering Sea and Aleutian Islands Area C. opilio C. bairdi at least three documented harvests of C. opilio C. bairdi beginning January 1, 1992, through December 31, 1994 the area described in the definition for a Bering Sea and Aleutian Islands Area C. opilio C. bairdi (C) A St. Matthew blue king area/species endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel beginning January 1, 1992, through December 31, 1994 the area described in the definition for a St. Matthew blue king area/species endorsement at § 679.2. (D) An Aleutian Islands brown king area/species endorsement at least three documented harvests of brown king crab were made by a vessel beginning January 1, 1992, through December 31, 1994 the area described in the definition for an Aleutian Islands brown king area/species endorsement at § 679.2. (E) An Aleutian Islands red king area/species endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel beginning January 1, 1992, through December 31, 1994 the area described in the definition for an Aleutian Islands red king area/species endorsement at § 679.2. (F) A Bristol Bay red king area/species endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel beginning January 1, 1991, through December 31, 1994 the area described in the definition for a Bristol Bay red king area/species endorsement at § 679.2. (G) A Norton Sound red king and blue king area/species endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel beginning January 1, 1993, through December 31, 1994 the area described in the definition for a Norton Sound red king and blue king area/species endorsement at § 679.2. (iii) Recent participation period (RPP). (A) The RPP is the period from January 1, 1996, through February 7, 1998. To qualify for a crab species license, defined at § 679.2, a person must have made at least one documented harvest of any amount of LLP crab species from a vessel during the RPP and must have held a LLP qualifying fishing history at the time of that documented harvest. A LLP qualifying fishing history meets the documented harvest requirements at paragraphs (k)(5)(i) and (k)(5)(ii) of this section. (B) Exceptions to the RPP. ( 1 ( 2 ( 3 (iv) Exception to allow purchase of LLP qualifying fishing history after the documented harvest in the RPP. To qualify for a LLP crab species license, a person who made a documented harvest of LLP crab species during the period from January 1, 1998, through February 7, 1998, must have obtained, or entered into a contract to obtain, the LLP qualifying fishing history by 8:36 a.m. Alaska local time on October 10, 1998, (v) A qualified person who owned a vessel on June 17, 1995, that met the requirements in paragraphs (k)(5)(i) and (ii) of this section, but whose vessel was unable to meet requirements of paragraph (k)(5)(iii) of this section because of unavoidable circumstances ( i.e. (A) The owner of the vessel at the time of the unavoidable circumstance held a specific intent to conduct fishing for license limitation crab species with that vessel during a specific time period in a specific area; (B) The specific intent to conduct directed fishing for license limitation crab species was thwarted by a circumstance that was: ( 1 ( 2 ( 3 (C) The circumstance that prevented the owner from conducting directed fishing for license limitation crab species actually occurred; (D) Under the circumstances, the owner of the vessel took all reasonable steps to overcome the circumstances that prevented the owner from conducting directed fishing for license limitation crab species; and (E) Any amount of license limitation crab species was harvested on the vessel after the vessel was prevented from participating but before January 1, 2000. (vi) A groundfish license or crab species license may be used on a vessel that is named on the license, that complies with the vessel designation, and that does not exceed the MLOA on the license. (6) Application for a groundfish license or a crab species license General. Federal Register (ii) Application period. Federal Register (iii) Contents of application. (A) Name, business address, telephone number, and FAX number of the applicant; (B) Name, state registration number (e.g., ADF&G number), and, if applicable, the USCG documentation number of the vessel being used as the basis for eligibility for a license; and name, state registration number (e.g., ADF&G number), and, if applicable, the USCG documentation number of the vessel to be deployed with the license if different than the vessel used as the basis of eligibility for a license; (C) Name of the managing company, if any; (D) Valid evidence of the documented harvests that are the basis of eligibility for a license, including harvest area, gear used, date of landing, and, if applying for a crab species license, species; (E) Valid evidence of LOA on June 24, 1992, of the vessel used as the basis of eligibility for a license, except if that vessel was under reconstruction on that date, valid evidence of LOA on the date reconstruction was completed and valid evidence of when reconstruction began and ended; (F) Valid evidence of LOA on June 17, 1995, of the vessel used as the basis of eligibility for a license, except if that vessel was under reconstruction on that date, valid evidence of LOA on the date reconstruction was completed, and valid evidence of when reconstruction began and ended; (G) Valid evidence to support the applicant's claim for a vessel designation of catcher vessel or catcher/processor vessel; (H) Valid evidence of ownership of the vessel being used as the basis for eligibility for a license (for USCG documented vessels, valid evidence must be the USCG Abstract of Title), or if eligibility is based on a fishing history that has been separated from a vessel, valid evidence of ownership of the fishing history being used as the basis of eligibility for a license; and (I) Valid evidence of the LOA of the vessel to be deployed by the license if different than the vessel used as the basis for eligibility for a license. (iv) Other information required for special circumstances. (A) Successor-in-interest. ( 1 ( 2 (B) Norton Sound crab species license endorsement. (C) Extended general qualification period. 2 2 (D) Unavoidable circumstances. (v) Application evaluation. (vi) Additional information or evidence. (vii) 60-day evidentiary period. (viii) Initial administrative determinations (IAD). (ix) Issuance of a non-transferable license. (x) Surrender of groundfish or crab LLP. (xi) Surrender and extinguishment of a groundfish LLP endorsement. (A) The holder of the groundfish LLP license listed in Column C of Table 9 to this part requests, in writing, that NMFS permanently remove and extinguish all pot gear Pacific cod endorsements specified on that LLP license and acknowledges in that written request that the surrender and removal are permanent and irreversible and that all pot gear Pacific cod endorsements on that LLP license are extinguished; (B) The holder of the groundfish LLP license listed in Column C of Table 9 to this part requests, in writing, that NMFS assign a 220-foot (67 m) MLOA on that LLP license; (C) The holder of the eligible LLP license, or the authorized agent, signs the request; (D) NMFS receives the written request to permanently remove and extinguish all pot gear Pacific cod endorsements specified on the LLP groundfish license by February 6, 2017; and (E) The written request is submitted to NMFS using one of the following methods: ( 1 ( 2 ( 3 (7) Transfer of a groundfish license or a crab species license General. (ii) Eligibility criteria for transfers. (A) The designated transferee is eligible to document a fishing vessel under Chapter 121, Title 46, U.S.C.; (B) The parties to the transfer do not have any fines, civil penalties, other payments due and outstanding, or outstanding permit sanctions resulting from Federal fishing violations; (C) The transfer will not cause the designated transferee to exceed the license caps in § 679.7(i); and (D) The transfer does not violate any other provision specified in this part. (iii) Contents of application. http://alaskafisheries.noaa.gov. (iv) Incomplete applications. (v) Transfer by court order, operation of law, or as part of a security agreement. (vi) Voluntary transfer limitation. (vii) Request to change the designated vessel. (B) A request to change the vessel designated on an Amendment 80 LLP license or an Amendment 80 LLP/QS license must be made on an Application for Amendment 80 Replacement Vessel in accordance with § 679.4(o)(4)(ii). The MLOA modification specified at paragraph (k)(3)(i)(C) of this section will be effective when a complete application is submitted to NMFS in accordance with paragraph (k)(7) of this section, and the application is approved by the Regional Administrator. (viii) Severability of licenses. ( 1 ( 2 ( 3 ( 4 ( 5 (B) A groundfish license and a crab species license issued based on the legal landings of the same vessel and initially issued to the same qualified person are not severable and must be transferred together. (ix) Other transfer restrictions. (8) Other provisions. (ii) Notwithstanding the provisions of the license limitation program in this part, vessels fishing for species other than license limitation groundfish as defined in § 679.2 that were authorized under Federal regulations to incidentally catch license limitation groundfish without a Federal fisheries permit described at § 679.4(b) will continue to be authorized to catch the maximum retainable bycatch amounts of license limitation groundfish as provided in this part without a groundfish license. (iii) An eligible applicant, who qualifies for a groundfish license or crab species license but whose vessel on which the eligible applicant's qualification was based was lost or destroyed, will be issued a license. This license: (A) Will have the vessel designation of the lost or destroyed vessel. (B) Cannot be used to conduct directed fishing for license limitation groundfish or to conduct directed fishing for crab species on a vessel that has an LOA greater than the MLOA designated on the license. (iv) A qualified person who owned a vessel on June 17, 1995, that made a documented harvest of license limitation groundfish, or crab species if applicable, between January 1, 1988, and February 9, 1992, but whose vessel was unable to meet all the criteria in paragraph (k)(4) of this section for a groundfish license or paragraph (k)(5) of this section for a crab species license because of an unavoidable circumstance ( i.e. (A) The owner of the vessel at the time of the unavoidable circumstance held a specific intent to conduct directed fishing for license limitation groundfish or crab species with that vessel during a specific time period in a specific area. (B) The specific intent to conduct directed fishing for license limitation groundfish or crab species with that vessel was thwarted by a circumstance that was: ( 1 ( 2 ( 3 (C) The circumstance that prevented the owner from conducting directed fishing for license limitation groundfish or crab species actually occurred. (D) Under the circumstances, the owner of the vessel took all reasonable steps to overcome the circumstance that prevented the owner from conducting directed fishing for license limitation groundfish or crab species. (E) Any amount of license limitation groundfish or appropriate crab species was harvested on the vessel in the specific area that corresponds to the area endorsement or area/species endorsement for which the qualified person who owned a vessel on June 17, 1995, is applying and that the license limitation groundfish or crab species was harvested after the vessel was prevented from participating by the unavoidable circumstance but before June 17, 1995. (v) A groundfish license or a crab species license may be used on a vessel that complies with the vessel designation on the license and that does not exceed the MLOA on the license. (9) Pacific cod endorsements in the BSAI General. (ii) Eligibility requirements for a Pacific cod endorsement. If a license holder's license has a . . . And the license holder harvested Pacific cod in the BSAI with . . . Then the license holder must demonstrate that he or she harvested at least . . . In . . . To receive a (A) Catcher vessel designation. Hook-and-line gear or jig gear 7.5 mt of Pacific cod in the BSAI. In any one of the years 1995, 1996, 1997, 1998, or 1999 Hook-and-line gear. (B) Catcher vessel designation. Pot gear or jig gear 100,000 lb of Pacific cod in the BSAI. In each of any two of the years 1995, 1996, 1997, 1998, or 1999 Pot gear. (C) Catcher/processor vessel designation. Hook-and-line gear 270 mt of Pacific cod in the BSAI. In any one of the years 1996, 1997, 1998, or 1999 Hook-and-line gear. (D) Catcher/processor vessel designation. Pot gear 300,000 lb of Pacific cod in the BSAI. In each of any two of the years 1995, 1996, 1997, or 1998 Pot gear. (iii) Explanations for Pacific cod endorsements. (B) Discards will not count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (C) Pacific cod harvested for personal bait use will not count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (D) A legal landing of Pacific cod in the BSAI for commercial bait will count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (E) Harvests within the BSAI will count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section; however, a license holder will only be able to harvest Pacific cod in the specific areas in the BSAI for which he or she has an area endorsement. (F) Harvests within the BSAI Would count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section if: ( 1 ( 2 ( 3 2 (G) Except as provided in paragraph 679.4(k)(9)(iii)(D), only harvests of BSAI Pacific cod in the directed fishery will count toward eligibility amounts. (iv) Exemptions to Pacific cod endorsements. (B) Any catcher vessel less than 60 ft (18.3 m) LOA. (C) Any catch of Pacific cod for personal use bait. (v) Combination of landings and hardship provision. (A) Combination of landings. 1 4 ( 1 ( 2 ( 3 ( 4 (B) Hardship provision. 1 4 ( 1 ( i ( ii ( iii ( 2 ( 3 ( 4 (10) Pacific cod endorsements in the Western and Central GOA General. (ii) Eligibility requirements for a Pacific cod endorsement. If a license holder's And that And the Then the license holder From To receive a Pacific cod endorsement that authorizes (A) Catcher vessel designation <60 feet hook-and-line gear legally landed at least 10 mt of Pacific cod in the directed Pacific cod fishery the Central Gulf of Alaska hook-and-line gear in the Central Gulf of Alaska. (B) Catcher vessel designation ≥60 feet hook-and-line gear legally landed at least 50 mt of Pacific cod in the directed Pacific cod fishery the Central Gulf of Alaska hook-and-line gear in the Central Gulf of Alaska. (C) Catcher vessel designation <60 feet hook-and-line gear legally landed at least 10 mt of Pacific cod in the directed Pacific cod fishery the Western Gulf of Alaska hook-and-line gear in the Western Gulf of Alaska. (D) Catcher vessel designation ≥60 feet hook-and-line gear legally landed at least 50 mt of Pacific cod in the directed Pacific cod fishery the Western Gulf of Alaska hook-and-line gear in the Western Gulf of Alaska. (E) Catcher vessel designation <60 feet pot gear legally landed at least 10 mt of Pacific cod in the directed Pacific cod fishery the Central Gulf of Alaska pot gear in the Central Gulf of Alaska. (F) Catcher vessel designation ≥60 feet pot gear legally landed at least 50 mt of Pacific cod in the directed Pacific cod fishery the Central Gulf of Alaska pot gear in the Central Gulf of Alaska. (G) Catcher vessel designation <60 feet pot gear legally landed at least 10 mt of Pacific cod in the directed Pacific cod fishery the Western Gulf of Alaska pot gear in the Western Gulf of Alaska. (H) Catcher vessel designation ≥60 feet pot gear legally landed at least 50 mt of Pacific cod in the directed Pacific cod fishery the Western Gulf of Alaska pot gear in the Western Gulf of Alaska. (I) Catcher vessel designation any jig gear at least one legal landing of Pacific cod in the directed Pacific cod fishery the Central Gulf of Alaska jig gear in the Central Gulf of Alaska. (J) Catcher vessel designation any jig gear at least one legal landing of Pacific cod in the directed Pacific cod fishery the Western Gulf of Alaska jig gear in the Western Gulf of Alaska. (K) Catcher/Processor vessel designation any hook-and-line gear legally landed at least 50 mt of Pacific cod in the directed Pacific cod fishery the Central Gulf of Alaska hook-and-line gear in the Central Gulf of Alaska. (L) Catcher/Processor vessel designation any hook-and-line gear legally landed at least 50 mt of Pacific cod in the directed Pacific cod fishery the Western Gulf of Alaska hook-and-line gear in the Western Gulf of Alaska. (M) Catcher/Processor vessel designation any pot gear legally landed at least 50 mt of Pacific cod in the directed Pacific cod fishery the Central Gulf of Alaska pot gear in the Central Gulf of Alaska. (N) Catcher/Processor vessel designation any pot gear legally landed at least 50 mt of Pacific cod in the directed Pacific cod fishery the Central Gulf of Alaska pot gear in the Central Gulf of Alaska. (O) Catcher/Processor vessel designation any jig gear at least one legal landing in the directed Pacific cod fishery the Central Gulf of Alaska jig gear in the Central Gulf of Alaska. (P) Catcher/Processor vessel designation any jig gear at least one legal landing in the directed Pacific cod fishery the Western Gulf of Alaska jig gear in the Western Gulf of Alaska. (iii) Explanations for Pacific cod endorsements. (B) NMFS shall assign a legal landing to a groundfish license in an area based only on information contained in the official record described in paragraph (k)(10)(v) of this section. (C) Notwithstanding the eligibility amount in the table at paragraph (k)(10)(ii) of this section, NMFS shall assign a non-trawl Pacific cod endorsement with a catcher/processor and a hook-and-line gear designation in the regulatory areas specified to those groundfish licenses listed in Table 49 to part 679; (D) If a groundfish license meets the criteria described in paragraph (k)(3)(i)(B)( 2 (E) NMFS may issue groundfish licenses with non-trawl Pacific cod endorsements to CQEs as specified in paragraph (k)(10)(vi) of this section. (iv) Exemptions to Pacific cod endorsements. (v) Non-trawl gear recent participation official record. ( 1 ( 2 (B) The official record is presumed to be correct. A groundfish license holder has the burden to prove otherwise. (C) Only legal landings as defined in § 679.2 and documented on State of Alaska fish tickets or NMFS weekly production reports will be used to assign legal landings to a groundfish license. (D) If more than one groundfish license holder is claiming the same legal landing because their groundfish license designated the vessel at the time that the legal landing was made, then each groundfish license for which the legal landing is being claimed will be credited with the legal landing. (E) The Regional Administrator will specify by letter a 30-day evidentiary period during which an applicant may provide additional information or evidence to amend or challenge the information in the official record. A person will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30-day evidentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination (IAD). (F) The Regional Administrator will prepare and send an IAD to the applicant following the expiration of the 30-day evidentiary period if the Regional Administrator determines that the information or evidence provided by the person fails to support the person's claims and is insufficient to rebut the presumption that the official record is correct, or if the additional information, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evidentiary period. The IAD will indicate the deficiencies with the information, or with the evidence submitted in support of the information. The IAD will also indicate which claims cannot be approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to § 679.43. A person who avails himself or herself of the opportunity to appeal an IAD will receive a non-transferable license pending the final resolution of that appeal, notwithstanding the eligibility of that applicant for some claims based on consistent information in the official record. (vi) Issuance of non-trawl groundfish licenses to CQEs. (B) The application for a CQE to receive a groundfish license must include: ( 1 ( 2 ( 3 ( 4 ( 5 (C) A groundfish license approved for issuance to a CQE by the Regional Administrator for a community listed in Table 21 to part 679: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 (D) The CQE must provide a copy of the annual CQE authorization letter, and any subsequent amendment to that authorization letter that is made by the CQE to NMFS and the vessel operator prior to the person(s) designated in the authorization letter using that groundfish license aboard a vessel. The vessel operator must maintain a copy of the annual CQE authorization letter, and any subsequent amendment to that authorization letter that is made by the CQE onboard the vessel when that vessel is directed fishing for Pacific cod under the authority of that groundfish license. The authorization letter, and any subsequent amendment to that authorization letter must be submitted to the Regional Administrator. (E) The CQE must attest in the annual CQE authorization letter, or any subsequent amendment to that authorization letter, that the person(s) using a groundfish license issued to a CQE: ( 1 ( 2 ( 3 (F) Non-trawl Pacific cod gear endorsements on groundfish licenses approved for issuance to CQEs by the Regional Administrator shall have the following gear designations: ( 1 ( 2 (G) An annual report on the use of Pacific cod endorsed non-trawl groundfish licenses shall be submitted by the CQE as required at § 679.5(t). (vii) Additional endorsements for groundfish license holders eligible to participate in the Western and/or Central GOA Pacific cod fisheries Requirements. ( 1 ( 2 ( 3 ( 4 (B) Additional Central GOA and/or Western GOA catcher vessel endorsement. ( 1 ( 2 (C) Eligible license holders not electing to add catcher vessel endorsement(s). (D) Multiple or stacked LLP licenses. (E) Catch history. (viii) Catcher/processor participation in the Western GOA and Central GOA official record. ( 1 ( 2 1 3 (B) The official record is presumed to be correct. A groundfish license holder has the burden to prove otherwise. (C) For the purposes of creating the official record, the Regional Administrator will presume if more than one person is claiming the same legal landing, that each groundfish license for which the legal landing is being claimed will be credited with the legal landing; (D) Only legal landings as defined in § 679.2 and documented on State of Alaska Fish Tickets or NMFS weekly production reports will be used to assign legal landings to a groundfish license. (E) The Regional Administrator will specify by letter a 30-day evidentiary period during which an applicant may provide additional information or evidence to amend or challenge the information in the official record. A person will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30-day evidentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination. (F) The Regional Administrator will prepare and send an IAD to the applicant following the expiration of the 30-day evidentiary period if the Regional Administrator determines that the information or evidence provided by the person fails to support the person's claims and is insufficient to rebut the presumption that the official record is correct, or if the additional information, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evidentiary period. The IAD will indicate the deficiencies with the information, or the evidence submitted in support of the information. The IAD will also indicate which claims cannot be approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to § 679.43. A person who avails himself or herself of the opportunity to appeal an IAD that is accepted by the National Appeals Office will receive a non-transferable license pending the final resolution of that appeal, notwithstanding the eligibility of that applicant for some claims based on consistent information in the official record. (11) Restrictions on licenses earned on AFA catcher vessels and listed AFA catcher/processors. (12) Rockfish QS General. (ii) Eligibility requirements for rockfish QS. (13) Amendment 80 Program. (14) Yellowfin sole trawl limited access sector (TLAS) directed fishery endorsement in the BSAI General. (ii) Eligibility requirements for a BSAI TLAS yellowfin sole directed fishery endorsement. ( 1 ( 2 ( 3 1 (B) If a vessel specified in paragraph (k)(14)(ii)(A)( 1 1 (iii) Explanations for BSAI TLAS yellowfin sole directed fishery endorsement. (B) NMFS will credit a groundfish LLP license with a legal trip target landing specified in paragraph (k)(14)(ii)(A)( 1 1 1 (C) Trip target landings will be determined based on round weight equivalents. (iv) Exemptions to BSAI TLAS yellowfin sole endorsements. (v) BSAI TLAS yellowfin sole participation official record. (B) The official record is presumed to be correct. A groundfish LLP license holder has the burden to prove otherwise. (C) Only legal landings as defined in § 679.2 and documented on State of Alaska fish tickets or NMFS weekly production reports will be used to determine legal trip target landings under paragraph (k)(14)(ii)(A)( 1 (vi) Process for issuing BSAI TLAS yellowfin sole endorsements. (B) NMFS will issue to the holder of each groundfish LLP license endorsed to use trawl gear in the Bering Sea and designated in Column A of Table 53 to this part a notice of eligibility to be credited with a legal trip target landing specified in (k)(14)(ii)(A)( 1 ( 1 1 1 ( 2 ( i 1 ( ii ( iii ( iv 1 ( 3 (C) NMFS will issue to the holder of a groundfish LLP license with a Bering Sea trawl designation and that is not listed in either Table 52 or 53 a notice informing that holder that the groundfish LLP license is not eligible to be credited with a legal trip target landing or receive a BSAI TLAS yellowfin sole directed fishery endorsement based on the official record, using the address on record at the time the notification is sent. The notice will inform the holder of the groundfish LLP license of the timing and process through which the holder can provide additional information or evidence to amend or challenge the information in the official record of this section, as specified in paragraphs (k)(14)(vi)(D) and (E) of this section. (D) The Regional Administrator will specify by letter a 30-day evidentiary period during which an applicant may provide additional information or evidence to amend or challenge the information in the official record. A person will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30-day evidentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination (IAD). (E) The Regional Administrator will prepare and send an IAD to the applicant following the expiration of the 30-day evidentiary period, if the Regional Administrator determines that the information or evidence provided by the person fails to support the person's claims and is insufficient to rebut the presumption that the official record is correct, or if the additional information, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evidentiary period. The IAD will indicate the deficiencies with the information or evidence submitted. The IAD will also indicate which claims cannot be approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to 15 CFR part 906. NMFS will issue a non-transferable interim license that is effective until final agency action on the IAD to an applicant who avails himself or herself of the opportunity to appeal an IAD and who has a credible claim to eligibility for a BSAI TLAS yellowfin sole endorsement. (15) BSAI Pacific cod trawl mothership endorsement General. (ii) Eligibility requirements for a BSAI Pacific cod trawl mothership endorsement. (A) Has Bering Sea or Aleutian Islands area and catcher/processor operation endorsements; (B) Had a catcher/processor designated on it that received and processed at least one legal mothership trip target of Pacific cod delivered from a catcher vessel directed fishing in the BSAI non-CDQ Pacific cod trawl catcher vessel fishery as specified in § 679.20(a)(7)(ii)(A) in each of the three years of the qualifying period of 2015 through 2017, inclusive, where a mothership trip target is, in the aggregate, the groundfish species that is delivered by a catcher vessel to a given catcher/processor acting as a mothership in an amount greater than the retained amount of any other groundfish species delivered by the same catcher vessel to the same catcher/processor for a given week; and (C) Is credited by NMFS with receiving a legal mothership trip target specified in paragraph (k)(15)(ii)(B) of this section. (iii) Explanations for BSAI Pacific cod trawl mothership endorsement. (B) NMFS will credit a groundfish LLP license with receipt of a legal mothership trip target specified in paragraph (k)(15)(ii)(B) of this section if that groundfish LLP license was the only groundfish LLP license on which the catcher/processor that received and processed legal mothership trip targets was designated from 2015 through 2017. (C) Mothership trip targets will be determined based on round weight equivalents. (iv) Official record of participation in the BSAI non-CDQ Pacific cod trawl catcher vessel fishery. (B) The official record is presumed to be correct. A groundfish LLP license holder has the burden to prove otherwise. (C) Only legal landings as defined in § 679.2 and documented on NMFS production reports will be used to determine legal mothership trip targets under paragraph (k)(15)(ii)(B) of this section. (v) Process for issuing BSAI Pacific cod trawl mothership endorsements. (B) NMFS will issue to the holder of a groundfish LLP license with Bering Sea or Aleutian Islands area and catcher/processor operation endorsements, and that is not listed in Table 57 of this part, a notice informing that holder that the groundfish LLP license is not eligible to be credited with at least one legal mothership trip target of Pacific cod in the BSAI non-CDQ Pacific cod trawl catcher vessel fishery for each year during the qualifying period or receive a BSAI Pacific cod trawl mothership endorsement based on the official record, using the address on record at the time the notice is sent. The notice specified in this paragraph (k)(15)(v)(B) will inform the holder of the groundfish LLP license of the timing and process through which the holder can provide additional information or evidence to amend or challenge the information in the official record of this section, as specified in paragraphs (k)(15)(v)(C) and (D) of this section. (C) The Regional Administrator will specify by notice a 30-day evidentiary period during which an applicant may provide additional information or evidence to amend or challenge the information in the official record. A person will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30-day evidentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination (IAD). (D) The Regional Administrator will prepare and send an IAD to the applicant following the expiration of the 30-day evidentiary period, if the Regional Administrator determines that the information or evidence provided by the person fails to support the person's claims and is insufficient to rebut the presumption that the official record is correct, or if the additional information, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evidentiary period. The IAD will indicate the deficiencies with the information or evidence submitted. The IAD will also indicate which claims cannot be approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to 15 CFR part 906. NMFS will issue a non-transferable interim license that is effective until final agency action on the IAD to an applicant who avails himself or herself of the opportunity to appeal an IAD and who has a credible claim to eligibility for a BSAI Pacific cod trawl mothership endorsement. (16) PCTC Program. (l) AFA permits General Applicability. (ii) Duration Expiration of interim AFA permits. (B) Duration of final AFA permits. 1 2 3 3 ( 2 ( 3 ( i ( ii ( iii 3 (C) Surrender of AFA permits. (iii) Application for permit. (iv) Amended permits. (2) AFA catcher/processor permits—(i) Listed AFA catcher/processors. NMFS will issue to an owner of a catcher/processor a listed AFA catcher/processor permit if the catcher/processor is one of the following (as listed in AFA paragraphs 208(e)(1) through (20)): (A) AMERICAN DYNASTY (USCG documentation number 951307); (B) KATIE ANN (USCG documentation number 518441); (C) AMERICAN TRIUMPH (USCG documentation number 646737); (D) NORTHERN EAGLE (USCG documentation number 506694); (E) NORTHERN HAWK (USCG documentation number 643771); (F) NORTHERN JAEGER (USCG documentation number 521069); (G) OCEAN ROVER (USCG documentation number 552100); (H) ALASKA OCEAN (USCG documentation number 637856); (I) ENDURANCE (USCG documentation number 592206); (J) AMERICAN ENTERPRISE (USCG documentation number 594803); (K) ISLAND ENTERPRISE (USCG documentation number 610290); (L) KODIAK ENTERPRISE (USCG documentation number 579450); (M) SEATTLE ENTERPRISE (USCG documentation number 904767); (N) US ENTERPRISE (USCG documentation number 921112); (O) ARCTIC STORM (USCG documentation number 903511); (P) ARCTIC FJORD (USCG documentation number 940866); (Q) NORTHERN GLACIER (USCG documentation number 663457); (R) PACIFIC GLACIER (USCG documentation number 933627); (S) HIGHLAND LIGHT (USCG documentation number 577044); (T) STARBOUND (USCG documentation number 944658). (ii) Unlisted AFA catcher/processors. (iii) AFA replacement vessels. (B) NMFS will issue an unlisted AFA catcher/processor permit to the owner of a catcher/processor that is a replacement vessel for a vessel that was designated on an unlisted AFA catcher/processor permit. (iv) Application for AFA catcher/processor permit. (A) Vessel information. (B) Ownership information. (3) AFA catcher vessel permits. (i) Qualifying criteria Catcher vessels delivering to catcher/processors. ( 1 AMERICAN CHALLENGER (USCG documentation number 633219); FORUM STAR (USCG documentation number 925863); MUIR MILACH (USCG documentation number 611524); NEAHKAHNIE (USCG documentation number 599534); OCEAN HARVESTER (USCG documentation number 549892); SEA STORM (USCG documentation number 628959); TRACY ANNE (USCG documentation number 904859); or ( 2 1 ( 3 (B) Catcher vessels delivering to AFA motherships. ( 1 ( i ( ii ( iii ( iv ( v ( vi ( vii ( viii ( ix ( x ( xi ( xii ( xiii ( xiv ( xv ( xvi ( xvii ( xviii ( xix ( xx ( 2 1 ( 3 (C) Catcher vessels delivering to AFA inshore processors. ( 1 HAZEL LORRAINE (USCG documentation number 592211), LISA MARIE (USCG documentation number 1038717), PROVIDIAN (USCG documentation number 1062183); or ( 2 ( i ( ii ( 3 (ii) Application for AFA catcher vessel permit. (A) Vessel information. (B) Ownership information. (C) Vessel AFA qualification information. (D) [Reserved] (E) Vessel exemptions from AFA catcher vessel groundfish sideboard directed fishing closures. ( 1 BSAI Pacific cod. ( 2 GOA groundfish species. ( 3 AFA replacement vessel for a catcher vessel that qualified for an exemption. (4) AFA mothership permits. (A) Is one of the following (as listed in paragraphs 208(d)(1) through (3) of the AFA): EXCELLENCE (USCG documentation number 967502); GOLDEN ALASKA (USCG documentation number 651041); and OCEAN PHOENIX (USCG documentation number 296779); or (B) Is an AFA replacement vessel for a vessel that was designated on an AFA mothership permit. (ii) Application for AFA mothership permit. (A) Type of permit requested. (B) Vessel information. (C) Ownership information. (5) AFA inshore processor permits. (i) Qualifying criteria Unrestricted processors. (B) Restricted processors. (ii) Surrender of permit. (iii) Single geographic location requirement. (A) Shoreside processors. (B) Stationary floating processors (SFP). (iv) Application for permit. (A) Type of permit requested. (B) Stationary floating processor information. (C) Shoreside processor information. (D) Ownership information. (v) Authorization of new AFA inshore processors. (A) Timing of Council action. (B) Required elements in Council recommendation. ( 1 Identification of inshore processor(s). ( 2 Type of AFA inshore processor permit(s). ( 3 Duration of permit. ( 4 Council procedures. ( 5 Action by NMFS. 1 4 (6) Inshore cooperative fishing permits General. (ii) Application for permit. (A) Cooperative contact information. (B) Designated cooperative processor. (C) Cooperative contract information. ( 1 ( 2 ( 3 3 (D) Qualified catcher vessels. 3 1 2 3 4 ( 1 Permit requirements i AFA permit. ( ii LLP permit. ( iii Permit sanctions. ( 2 Landing requirements i Active vessels. ( ii Inactive vessels. ( iii Harvests under contract to a cooperative. 2 ( 3 AFA replacement catcher vessels. 1 2 ( 4 AFA lost catcher vessels. 3 ( i ( ii ( iii (E) Business review letter. (F) Vessel information. (G) Certification of notary and applicant. (iii) Duration of cooperative fishing permits. (iv) Addition or subtraction of vessels. (v) Application deadline. (7) AFA rebuilt vessels, AFA replacement vessels, and removal of inshore AFA catcher vessels AFA rebuilt vessels. (B) Except as provided in paragraph (l)(7)(i)(C) and paragraph (l)(7)(i)(D) of this section, the owner of an AFA rebuilt vessel will be subject to the same requirements that applied to the vessel before rebuilding and will be eligible to use the AFA rebuilt vessel in the same manner as the vessel before rebuilding. (C) An AFA rebuilt vessel is exempt from the maximum length overall (MLOA) restriction on an LLP groundfish license with a Bering Sea area endorsement or an Aleutian Islands area endorsement when the AFA rebuilt vessel is conducting directed fishing for groundfish in the BSAI pursuant to that LLP groundfish license and the LLP groundfish license specifies the exemption. (D) If an AFA rebuilt catcher vessel is equal to or greater than 125 ft (38.1 m) LOA, the AFA rebuilt catcher vessel will be subject to the catcher vessel exclusive fishing seasons for pollock in 50 CFR 679.23(i) and will not be exempt from 50 CFR 679.23(i) even if the vessel before rebuilding was less than 125 ft (38.1 m) LOA and was exempt from 50 CFR 679.23(i). (ii) AFA replacement vessels. (B) Upon approval of an application to replace an AFA vessel pursuant to paragraph (l)(7) of this section and except as provided in paragraph (l)(7)(ii)(C), paragraph (l)(7)(ii)(D), and paragraph (l)(7)(E) of this section, the owner of an AFA replacement vessel will be subject to the same requirements that applied to the replaced vessel and will be eligible to use the AFA replacement vessel in the same manner as the replaced vessel. If the AFA replacement vessel is not already designated on an AFA permit, the Regional Administrator will issue an AFA permit to the owner of the AFA replacement vessel. The AFA permit that designated the replaced, or former, AFA vessel will be revoked. (C) An AFA replacement vessel is exempt from the maximum length overall (MLOA) restriction on an LLP groundfish license with a Bering Sea area endorsement or an Aleutian Islands area endorsement when the AFA replacement vessel is conducting directed fishing for groundfish in the BSAI pursuant to that LLP groundfish license and the LLP groundfish license specifies an exemption from the MLOA restriction for the AFA replacement vessel. (D) If an AFA replacement catcher vessel is equal to or greater than 125 ft (38.1 m) LOA, the AFA replacement catcher vessel will be subject to the catcher vessel exclusive fishing seasons for pollock in 50 CFR 679.23(i) and will not be exempt from 50 CFR 679.23(i), even if the replaced vessel was less than 125 ft (38.1 m) LOA and was exempt from 50 CFR 679.23(i). (E) An AFA replacement catcher vessel for an AFA catcher vessel will have the same sideboard exemptions, if any, as the replaced AFA catcher vessel, except that if the AFA replacement vessel was already designated on an AFA permit as exempt from sideboard limits, the AFA replacement vessel will maintain its exemption even if the replaced vessel was not exempt from sideboard limits. (iii) Removal of AFA catcher vessel from the directed pollock fishery. (B) The owner of the removed catcher vessel must direct NMFS to assign the non-CDQ inshore pollock catch history in the BSAI of the removed vessel to one or more catcher vessels in the inshore fishery cooperative to which the removed vessel belonged at the time of the application for removal. (C) Except for the assignment of the pollock catch history of the removed catcher vessel in paragraph (l)(7)(iii)(B) of this section, all claims relating to the catch history of the removed catcher vessel in the Exclusive Economic Zone off Alaska, including any claims to an exemption from AFA sideboard limitations, will be permanently extinguished upon NMFS' approval of the application to remove the catcher vessel and the AFA permit that was held by the owner of the removed catcher vessel will be revoked. (D) The catcher vessel or vessels that are assigned the catch history of the removed catcher vessel cannot be removed from the fishery cooperative to which the removed catcher vessel belonged for a period of one year from the date that NMFS assigned the catch history of the removed catcher vessel to that vessel or vessels. (iv) Replaced vessels and removed vessels. (v) Application. (8) Application evaluations and appeals Initial evaluation. (ii) Additional information and evidence. (iii) Initial administrative determinations (IAD). (iv) Effect of cooperative allocation appeals. (m) Participation in the AI directed pollock fishery Applicability. (2) Annual selection of participants by the Aleut Corporation. (i) Vessel or processor name; (ii) Federal fisheries permits number issued under paragraph (b) of this section or Federal processor permit issued under paragraph (f) of this section; and (iii) The fishing year which participation approval is requested. (3) Participant approval. (A) A valid Federal fisheries permit or Federal processing permit, pursuant to paragraphs (b) and (f) of this section, respectively; (B) A valid fishery endorsement on the vessel's U.S. Coast Guard documentation for the vessel's participation in the U. S. fishery; and (C) A valid AFA permit under: paragraph (l)(2) of this section for all catcher/processors, paragraph (l)(3) of this section for all catcher vessels greater than 60 ft (18.3 m) LOA, or paragraph (l)(4) of this section for all motherships. (ii) Each participant selected by the Aleut Corporation that meets the conditions under paragraph (m)(3)(i) of this section will be approved by the Regional Administrator for participation in the AI directed pollock fishery. (iii) The Regional Administrator will provide to the designated contact for the Aleut Corporation the identity of each approved participant and the date upon which participation in the AI directed pollock fishery may commence. The Aleut Corporation shall forward to the approved participants a copy of NMFS's approval letter before harvesting or processing occurs. (iv) A copy of NMFS' approval letter for participating in the AI directed pollock fishery during the fishing year must be on site at the shoreside processor or stationary floating processor, or on board the vessel at all times and must be presented for inspection upon the request of any authorized officer. (4) Participant disapproval. (ii) The Regional Administrator will prepare and send an initial administrative determinations (IAD) to the selected participant following the expiration of the 30-day evidentiary period if the Regional Administrator determines that the information or evidence provided by the selected participant fails to support the participant's claims and is insufficient to rebut the presumption that the disapproval for participation in the AI directed pollock fishery is correct or if the additional information or evidence is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evidentiary period. The IAD will indicate the deficiencies in the information required, including the evidence submitted in support of the information. The IAD also will indicate which claims cannot be approved based on the available information or evidence. A participant who receives an IAD may appeal under the appeals procedures set out at § 679.43. A participant who avails himself or herself of the opportunity to appeal an IAD will receive an interim approval from NMFS authorizing participation in the AI directed pollock fishery. An interim approval based on claims contrary to the final determination will expire upon final agency determination. (n) Rockfish Program Cooperative quota (CQ). (ii) A CQ permit is valid only until the end of the calendar year for which the CQ permit is issued; (iii) A legible copy of the CQ permit must be carried on board the vessel(s) used by the rockfish cooperative. (2) Rockfish cooperative termination of fishing declaration. (ii) This declaration may only be submitted to NMFS electronically. The rockfish cooperative's designated representative must log into the online system and create a request for termination of fishing declaration as indicated on the computer screen. By using the rockfish cooperative's NMFS ID and password, and submitting the termination of fishing declaration request, the designated representative certifies that all information is true, correct, and complete. (o) Amendment 80 Program Amendment 80 QS permit. (ii) An Amendment 80 QS permit is assigned to the owner of an Amendment 80 vessel that gave rise to that permit under the provisions of § 679.90(b), or its replacement under § 679.4(o)(4), unless the Amendment 80 QS permit is assigned to the holder of an LLP license originally assigned to an Amendment 80 vessel under the provisions of § 679.90(d) or § 679.90(e). (iii) If an Amendment 80 QS permit is assigned to the owner of an Amendment 80 vessel the Amendment 80 QS permit will designate the Amendment 80 vessel to which that permit is assigned. (iv) If an Amendment 80 QS permit is assigned to the holder of an LLP license originally assigned to an Amendment 80 vessel under the provisions of § 679.90(d)(2)(ii) or § 679.90(e)(4), the Amendment 80 QS permit will be permanently affixed to the LLP license originally assigned to an Amendment 80 vessel which will be designated as an Amendment 80 LLP/QS license. (v) Amendment 80 QS units assigned to an Amendment 80 QS permit are non-severable from that Amendment 80 QS permit and if transferred, the Amendment 80 QS permit must be transferred in its entirety to another person under the provisions of § 679.90(d) or § 679.90(e). (vi) A person must hold an Amendment 80 LLP license to hold an Amendment 80 QS permit. (vii) The owner of an Amendment 80 vessel must designate the Amendment 80 vessel on an Amendment 80 QS permit and on an Amendment 80 LLP license, or designate the Amendment 80 vessel on the Amendment 80 LLP/QS license to use that Amendment 80 vessel in an Amendment 80 fishery. (2) Amendment 80 Cooperative quota (CQ) permit. (ii) A CQ permit authorizes an Amendment 80 cooperative to catch a quantity of fish expressed as a portion of the ITAC and halibut and crab PSC that may be held for exclusive use by that Amendment 80 cooperative. (iii) A CQ permit will indicate the amount of Amendment 80 species that may be caught by the Amendment 80 cooperative, and the amount of Amendment 80 crab and halibut PSC that may be used by the Amendment 80 cooperative. The CQ permit will list the members of the Amendment 80 cooperative, Amendment 80 LLP licenses, Amendment 80 QS permits, and Amendment 80 vessels that are assigned to that Amendment 80 cooperative. (iv) The amount of CQ listed on the CQ permit will be based on: (A) The amount of Amendment 80 QS units held by all members of the Amendment 80 cooperative designated on a timely and complete application for CQ as described under § 679.91(b) that is approved by NMFS; (B) The Amendment 80 QS units derived from Amendment 80 QS permits held by members of the Amendment 80 cooperative who have submitted a timely and complete EDR for all Amendment 80 QS permits held by that member as described under § 679.94; and (C) The amount of CQ as modified by an application for CQ transfer as described under § 679.91(g) that is approved by NMFS. (v) A CQ permit is valid until whichever of the following occurs first: (A) Until the end of the year for which the CQ permit is issued; or (B) Until the permit is revoked, suspended, or modified pursuant to § 679.43 or under 15 CFR part 904. (vi) A legible copy of the CQ permit must be carried onboard an Amendment 80 vessel assigned to an Amendment 80 cooperative when fishing in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season. (3) Amendment 80 limited access fishery permit. (A) Has submitted a timely and complete application for the Amendment 80 limited access fishery as described at § 679.91(b)(4) that is approved by NMFS, or (B) Is assigned to the Amendment 80 limited access fishery by NMFS as described at § 679.91(a)(3)(ii); and (C) Has submitted a timely and complete EDR for all Amendment 80 QS permits held by that person as described under § 679.94. (ii) An Amendment 80 limited access fishery permit is valid until whichever of the following occurs first: (A) Until the end of the year for which the Amendment 80 limited access fishery permit is issued; or (B) Until the permit is revoked, suspended, or modified pursuant to § 679.43 or under 15 CFR part 904. (iii) A legible copy of the Amendment 80 limited access fishery permit must be carried onboard an Amendment 80 vessel assigned to the Amendment 80 limited access fishery when fishing in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season. (4) Amendment 80 Replacement Vessel. (A) The replacement vessel does not exceed 295 ft. (89.9 m) LOA; (B) The replacement vessel was built in the United States and, if ever rebuilt, rebuilt in the United States; (C) The applicant provides documentation that the replacement vessel complies with U.S. Coast Guard safety requirements applicable to processing vessels operating in the Amendment 80 sector or, if unable to provide such documentation, the applicant provides documentation that the replacement vessel meets the requirements of the U.S. Coast Guard's Alternative Compliance and Safety Agreement; and (D) The replacement vessel is not a vessel listed at section 208(e)(1) through (20) of the American Fisheries Act or permitted under paragraph (l)(2)(i) of this section; is not an AFA replacement vessel designated on a listed AFA catcher/processor permit under paragraph (l)(2)of this section; and is not an AFA catcher vessel permitted under paragraph (l)(3) of this section. (ii) Application for Amendment 80 Replacement Vessel. (5) Application evaluations and appeals Initial evaluation. (ii) Additional information and evidence. (iii) Initial administrative determinations (IAD). (p) Flatfish Exchange Application Completed application. (2) Certification. (3) Approval. (i) The CDQ group has sufficient CDQ ABC reserves of flathead sole, rock sole, or yellowfin sole; (ii) The Amendment 80 cooperative has sufficient Amendment 80 ABC reserves of flathead sole, rock sole, or yellowfin sole; (iii) The CDQ group receiving flathead sole, rock sole, or yellowfin sole from its CDQ ABC reserve exchanges an equal amount of unused CDQ of flathead sole, rock sole, or yellowfin sole, other than the species received from its CDQ ABC reserve; (iv) The Amendment 80 cooperative receiving flathead sole, rock sole, or yellowfin sole from its Amendment 80 ABC reserve exchanges an equal amount of unused Amendment 80 CQ of flathead sole, rock sole, or yellowfin sole, other than the species received from its Amendment 80 ABC reserve; (v) The CDQ group or Amendment 80 cooperative has not received at least three approved Flatfish Exchanges during that calendar year, as described at paragraph (p)(5) of this section; (vi) Approval of the Flatfish Exchange Application will not cause flathead sole, rock sole, or yellowfin sole to exceed an ABC or an ABC reserve for that species; and (vii) NMFS receives a completed Flatfish Exchange Application from a CDQ group or Amendment 80 cooperative during the calendar year for which the Flatfish Exchange would be effective, and NMFS can approve that Flatfish Exchange Application before the end of the calendar year in which the Flatfish Exchange would be effective. (4) Notification. Federal Register (ii) Each NMFS approved Flatfish Exchange is debited as one Flatfish Exchange. An approved Flatfish Exchange is effective on the date of publication of the notice of adjustment or apportionment in the Federal Register. (5) CDQ ABC reserve and Amendment 80 ABC reserve exchange limitations. (q) PCTC Program permits PCTC Program cooperative quota permits. (ii) A CQ permit is valid only until the end of the BSAI Pacific cod B season for the year in which the CQ permit is issued; (iii) A legible copy of a valid CQ permit must be carried on board the vessel(s) used by the PCTC Program cooperative. (2) PCTC Program quota share permits for processors. (ii) A processor may associate the QS assigned to the PCTC Program QS permit with a PCTC Program cooperative as described at § 679.131. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.5 Recordkeeping and reporting (R&R). (a) General R&R requirements. (1) Groundfish logbooks and forms. http://alaskafisheries.noaa.gov (ii) Current editions. (iii) Management program defined. If harvest made under . . . program Record the . . . For more information, (A) Western Alaska Community Development Quota (CDQ) CDQ number subpart C of this part (B) Exempted Fishery Exempted fishery permit number § 679.6 (C) Research Fishery Research fishery permit number § 600.745(a) of this chapter (D) Aleutian Islands Pollock (AIP) n/a subpart F of this part (E) Open access (OA) [for recording in eLandings only] paragraph (e) of this section (F) Rockfish Program Cooperative number subpart H to this part. (G) PCTC Program Cooperative number subpart L to this part. (H) Trawl EM Category (TEM) Management program modifier as TEM § 679.51. (2) Responsibility. (ii) The owner of a vessel, shoreside processor, SFP, buying station, or tender vessel is responsible for compliance and must ensure that the operator, manager, or representative (see paragraph (b) of this section) complies with the applicable R&R requirements in this section and in § 679.28. (iii) The IFQ permit holder, IFQ hired master permit holder, or Registered Buyer must comply with the R&R requirements provided at paragraphs (e), (g), (k), and (l) of this section. (iv) The CDQ permit holder, CDQ hired master permit holder, or Registered Buyer must comply with the R&R requirements provided at paragraphs (e), (g), (k), and (l)(1) through (6) of this section. (3) Fish to be recorded and reported. (i) Harvest information; (ii) Receipt information from catcher vessels, buying stations, and tender vessels including fish received from vessels not required to have an FFP; and fish received under contract for handling or processing for another processor; (iii) Discard or disposition information, including fish reported but not delivered to the operator or manager, e.g., fish used onboard a vessel, when receiving catch from a catcher vessel, buying station, or tender vessel; and (iv) Transfer information, including fish transferred out of the facility or off the vessel. (4) Exemptions Catcher vessels less than 60 ft (18.3 m) LOA. (A) Vessels using pot gear as described in paragraph (c)(3)(i)(B)( 1 (B) Vessels participating in the PCTC Program as described in paragraph (x) of this section; and (C) Catcher vessels in the trawl EM category as described in § 679.51(g). (ii) Catcher vessels that take groundfish in crab pot gear for use as crab bait on that vessel. (B) This exemption does not apply to fishermen who: ( 1 ( 2 (C) No groundfish species listed by NMFS as “prohibited” in a management or regulatory area may be taken in that area for use as bait. (5) Inspection and retention of records Inspection of records. (ii) Retention of records. (A) On site. (B) For 3 years. (6) Maintenance of records. (7) Custom processing. (i) Combined records. (ii) Separate records. (b) Representative. (c) Logbooks Requirements Use of two or more vessel logbooks of same gear type. (ii) Use of two or more vessel logbooks of different gear types. (iii) Two vessel logbooks for pair trawl. (iv) Two logbooks of different operation. (v) Alteration of logbook information. (B) An inaccurate or incorrect entry or record must be corrected by lining out the original and inserting the correction, provided that the original entry or record remains legible. All corrections must be made in ink. (vi) Logsheet distribution and submittal. (B) The operator must distribute and submit logsheets as indicated in the following table: Logsheet Distribution and Submittal If logsheet color is ... Logsheets found in these logbooks Submit to ... Time limit CV lgl/pot CV trw CP lgl/pot CP trw MS ( 1 X X X X X Must retain, permanently bound in logbook ( 2 X X X X X Observer After signature of operator and prior to departure of observer from the vessel. ( 3 X X Must submit quarterly to: On the following schedule: 1st quarter 2nd quarter 3rd quarter 4th quarter ( 4 X X Mothership, shoreside processor, SFP, buying station, or tender vessel that receives the harvest Within 2 hours after completion of catch delivery ( 5 X X Optional, but may be required by IPHC (see §§ 300.60 through 300.65 of this chapter) If required, after the vessel's catch is off-loaded Note: CP = catcher/processor; CV = catcher vessel; pot = longline pot or pot-and-line; lgl = longline; trw = trawl; MS = mothership. (2) Recording active and inactive time periods in the DFL or DCPL Account for each day of the fishing year. (A) An active period by fishing category is defined in the following paragraphs under this section: Paragraph Fishing Category (c)(3)(iv)(A)( 1 Catcher vessel, longline or pot gear (c)(3)(iv)(B)( 1 Catcher/processor, longline or pot gear (c)(4)(iv)(A)( 1 Catcher vessel, trawl gear (c)(4)(iv)(B)( 1 Catcher/processor, trawl gear (c)(5)(ii) Shoreside processor or SFP (c)(6)(iv) Mothership (B) An inactive period is defined as a time period other than active. (ii) Record January 1 on page 1. (iii) Required information for inactive periods. (A) If a catcher vessel, record vessel name, ADF&G vessel registration number, FFP number or Federal crab vessel permit number, operator printed name, operator signature, and page number. (B) If a mothership or catcher/processor, record vessel name, ADF&G processor code, FFP number, operator printed name, operator signature, and page number. (C) Mark “inactive.” (D) Record the date (mm/dd) of the first day when inactive under “Start date.” (E) Write brief explanation why inactive, e.g., bad weather or equipment failure. If inactive due to surrender of a FFP or FPP, write “surrender of permit” as the reason for inactivity. (F) Record the date (mm/dd) of the last day when inactive under “End date.” (iv) Inactive two or more quarters. (3) Longline and pot gear catcher vessel DFL and catcher/processor DCPL Responsibility Groundfish fisheries. 1 ( 2 (B) IFQ or CDQ halibut, or IFQ or CDQ sablefish fisheries. 1 2 ( 2 2 ( 3 2 ( 4 2 ( 5 2 (C) CR crab fisheries. (ii) Reporting time limits Catcher vessel. REPORTING TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR Required information Time limit for recording ( 1 Within 2 hours after completion of gear retrieval. ( 2 By 2400 hours, A.l.t., each day to record the previous day's discard and disposition information. ( 3 Within 2 hours after completion of catch delivery ( 4 Within 2 hours after the vessel's catch is off-loaded, notwithstanding other time limits ( 5 Within 2 hours after completion of catch delivery ( 6 After signature of operator and prior to departure of observer from the vessel. (B) Catcher/processor. REPORTING TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR Required information Record In DCPL Submit via eLandings Time limit for reporting ( 1 X Within 2 hours after completion of gear retrieval. ( 2 X By 2400 hours, A.l.t., each day to record the previous day's discard and disposition information ( 3 X By 2400 hours, A.l.t., each day to record the previous day's production information ( 4 X By 2400 hours, A.l.t., of the day following completion of production. ( 5 X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting period. ( 6 X After signature of operator and prior to departure of observer from the vessel (iii) Required information, if inactive. (iv) Required information, if active Catcher vessel, longline or pot gear. 1 ( 2 1 1 3 ( 3 Retain and record discard quantities over the MRA. (B) Catcher/processor, longline or pot gear. 1 ( 2 2 4 5 ( 3 Retain and record discard quantities over the MRA. (v) Identification information Page number. (B) Printed name and signature of operator. (C) Vessel identification. (D) Other permit numbers (if applicable). (E) Reporting area 1 Groundfish. ( 2 IFQ halibut and CDQ halibut. ( 3 CR crab. (F) Crew size. (G) Gear type. If gear type is . . . Then . . . ( 1 If gear is other than those listed within this table, indicate “Other” and describe. ( 2 ( i ( ii ( iii ( 3 Indicate: ( i ( ii ( iii ( iv ( v ( vi (H) Management program. (I) Observer information. (vi) Catch-by-set information. (A) Set number. (B) Gear deployment (or to set gear) 1 Hook-and-line gear begin position. ( 2 Jig or troll gear begin position. ( 3 Pot gear begin position. (C) Gear retrieval (or to haul gear) 1 Hook-and-line gear end position. ( 2 Jig or troll gear end position. ( 3 Pot gear end position. (D) Begin and end buoy or bag numbers. (E) Begin and end gear depths. (F) Species codes. (G) Target species code. (H) Estimated total hail weight. (I) IR/IU species (see § 679.27). (J) IFQ halibut and CDQ halibut. (K) IFQ sablefish. (L) CR crab. (vii) Product information, catcher/processor. (viii) Discard or disposition information, catcher vessel. (A) Enter discard or disposition information by species codes and product codes as follows: ( 1 ( 2 ( 3 ( 4 (B) The operator must record “0” or zero balance forward and start a new logsheet after the offload or transfer of all fish or fish product onboard and prior to the beginning of each fishing trip. Nothing shall be carried forward from the previous fishing trip. (ix) Discard or disposition information, catcher/processor. (x) Catcher vessel delivery information. (A) Date (mm/dd) that delivery of harvest was completed. (B) ADF&G fish ticket issued to operator by the recipient, Registered Buyer, or RCR receiving the delivery. (C) Name of recipient, Registered Buyer, or RCR. (D) For the unloading port, enter the name of the port or port code (see Tables 14a and 14b to this part) of delivery location. (4) Trawl gear catcher vessel DFL and catcher/processor DCPL Responsibility. (B) Except as described in paragraph (f)(1)(iv) or (vii) of this section, the operator of a catcher/processor that is required to have an FFP under § 679.4(b) and that is using trawl gear to harvest groundfish is required to use a combination of catcher/processor trawl gear DCPL and eLandings to record and report daily processor identification information, catch-by-haul landing information, groundfish production data, and groundfish and prohibited species discard or disposition data. Under paragraph (f)(1)(vii) of this section, the operators of AFA catcher/processors or any catcher/processor harvesting pollock CDQ are required to use an ELB and no longer report using a DCPL. (ii) Reporting time limits Catcher vessel. REPORTING TIME LIMITS, CATCHER VESSEL TRAWL GEAR Required information Time limit for recording ( 1 Within 2 hours after completion of gear retrieval, except that catcher vessels harvesting pollock CDQ in the BS and delivering unsorted codends to a mothership must record CDQ number within 2 hours after completion of weighing all catch in the haul on the mothership ( 2 By 2400 hours, A.l.t., each day to record the previous day's discard and disposition information. ( 3 Within 2 hours after completion of catch delivery ( 4 Within 2 hours after the vessel's catch is off-loaded, notwithstanding other time limits ( 5 Within 2 hours after completion of catch delivery ( 6 After signature of operator and prior to departure of observer from the vessel. (B) Catcher/processor. REPORTING TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR Required information Record In DCPL Submit via eLandings Time limit for recording ( 1 X Within 2 hours after completion of gear retrieval. ( 2 X Within 2 hours after completion of weighing all catch in the haul. ( 3 X By 2400 hours, A.l.t., each day to record the previous day's discard and disposition information. ( 4 X By 2400 hours, A.l.t., each day to record the previous day's production information ( 5 X By 2400 hours, A.l.t., of the day following completion of production to record all other required information. ( 6 X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting period ( 7 X After signature of operator and prior to departure of observer from the vessel. (iii) Required information, if inactive. (iv) Required information, if active Catcher vessel. 1 ( 2 (B) Catcher/processor. 1 ( 2 (v) Identification information. (A) Date. (B) Page number. (C) Printed name and signature of operator. (D) Vessel identification. (E) Federal reporting area. (F) COBLZ or RKCSA. (G) Crew size. (H) Gear type. (I) Management program. (J) Observer information. (vi) Catch-by-haul information. (A) Haul number. (B) Gear deployment (or to set gear). 1 2 ( 1 ( 2 (C) Gear retrieval (or to haul gear). 1 2 ( 1 ( 2 (D) Average sea depth and average gear depth. (E) Species codes. (F) Target species code. (G) IR/IU species (see § 679.27). (H) Total estimated hail weight. 1 ( 2 (I) Movement to Avoid Salmon. (vii) Product information, catcher/processor. (viii) Discard or disposition information, catcher vessel. (A) Species code and product code. (B) Discard and disposition weight. (C) PSC discard numbers. (D) Discard and disposition cumulative total. (E) Discard zero balance forward. (ix) Discard or disposition information, catcher/processor. (x) Catcher vessel delivery information. (A) Date (mm/dd) that delivery of harvest was completed, (B) ADF&G fish ticket number issued to operator by the recipient receiving the delivery, and (C) Name and ADF&G processor code of recipient. (5) Shoreside processor DCPL. (i) Required information, if inactive. (ii) Required information, if active. (6) Mothership DCPL Responsibility. (ii) Reporting time limits. REPORTING TIME LIMITS, MOTHERSHIP Required information Record In DCPL Submit via eLandings Time limit for reporting (A) All catcher vessel or tender vessel delivery information X Within 2 hours after completion of receipt of each groundfish delivery. (B) Product information X By 2400 hours, A.l.t., each day to record the previous day's production information (C) Discard or disposition information X By 2400 hours, A.l.t., each day to record the previous day's discard/disposition (D) All other required information X By 2400 hours, A.l.t., of the day following completion of production (E) Operator sign the completed logsheets X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting period. (F) Submit the goldenrod logsheet to the observer X After signed by the operator and prior to departure of observer from the mothership. (iii) Required information, if inactive. (iv) Required information, if active. (v) Identification information. (A) Page number. (B) Printed name and signature of operator. (C) Vessel information. (D) Date. (E) Crew size. (F) Gear type. (G) Federal reporting areas. (H) COBLZ or RKCSA. (I) Observer information. (J) Management program. ( 1 ( 2 (vi) Delivery information. (A) Type of delivery. (B) Non-submittal of discard report. NON-SUBMITTAL OF DISCARD REPORT CODE ( 1 “P” ( 2 “P” ( 3 “L” ( 4 “U” ( 5 “O” (C) Vessel identification. (D) Receipt time. (E) Beginning position of receipt. (F) Estimated total groundfish hail weight. (G) IR/IU species (see § 679.27). (H) ADF&G fish ticket numbers. (vii) Product information. (viii) Discard or disposition information. (A) Discards and disposition that occurred onboard after receipt of groundfish from a catcher vessel or tender vessel; (B) Discards and disposition that occurred prior to, during, and after processing of groundfish; (C) Discards and disposition that were reported on a blue DFL received from a catcher vessel delivering groundfish; (D) Discards and disposition that are recorded on a blue DFL received from a catcher vessel even though no groundfish are delivered; and (d) [Reserved] (e) Interagency Electronic Reporting System (IERS) and eLandings Responsibility Hardware, software, and Internet connectivity. http://elandings.alaska.gov (ii) Reporting of non-IFQ groundfish. (iii) IFQ manual landing report. (A) The User must complete all questions on the manual report, even if only one item has changed. The following additional information is required: whether the report is original or revised, name, telephone number, and fax number of individual submitting the manual landing report. (B) The User must fax the IFQ manual landing report to 907-586-7313. (C) The User must retain the paper copies of IFQ manual landing reports as indicated at paragraph (a)(5) of this section and make them available upon request of NMFS observers and authorized officers as indicated at paragraph (a)(6) of this section. (2) eLandings processor registration. https://elandings.alaska.gov/elandings/Register. (ii) Upon registration acceptance, the User must print, sign, and mail the User Agreement Form to NMFS at the address or fax number shown on the form. Confirmation will be e-mailed to indicate that the User is registered, authorized to use eLandings, and that the UserID and User's account are enabled. (iii) The User's signature on the registration form means that the User agrees to the following terms (see paragraphs (e)(2)(iii)(A) through (C) of this section): (A) To use eLandings access privileges only for submitting legitimate fishery landing reports; (B) To safeguard the UserID and password to prevent their use by unauthorized persons; and (C) To ensure that the User is authorized to submit landing reports for the processor permit number(s) listed. (3) Information required for eLandings processor registration form. (i) Operation type. (ii) Operation name. (iii) ADF&G processor code. (iv) Federal permit number. (A) Groundfish shoreside processor, SFP, or CQE floating processor. (B) Groundfish catcher/processor or mothership. (C) Registered Buyer. (D) Registered Crab Receiver. (v) Port code. (vi) ADF&G vessel registration number. (vii) Vehicle license number. (viii) Physical operation. (ix) UserID registration for primary User. (4) Information entered automatically for eLandings landing report. (5) Shoreside processor, SFP, or CQE floating processor landing report. (i) Information entered for each groundfish delivery to a shoreside processor, SFP, or CQE floating processor. The User for a shoreside processor, SFP, or CQE floating processor must enter the following information (see paragraphs (e)(5)(i)(A) through (C) of this section) for each groundfish delivery (other than IFQ sablefish) provided by the operator of a catcher vessel, the operator or manager of an associated buying station or tender vessel, and from processors for reprocessing or rehandling product into eLandings or other NMFS-approved software: (A) Delivery information. 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 NON-SUBMITTAL OF DISCARD REPORT CODE ( i “P” ( ii “P” ( iii “L” ( iv “U” ( v “O” ( 10 ( 11 ( 12 (B) Landed scale weight. ( 1 ( 2 (C) Discard or disposition information. ( 1 ( 2 ( 3 (ii) Submittal time limit. (iii) Compliance. (6) Mothership landing report. (i) Information entered for each groundfish delivery to a mothership. 1 12 (A) Delivery information. 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 NON-SUBMITTAL OF DISCARD REPORT CODE ( i “P” ( ii “P” ( iii “L” ( iv “U” ( v “O” ( 9 ( 10 ( 11 ( 12 (B) Discard or disposition information. 1 ( 2 ( 3 (ii) Submittal time limit. (iii) Compliance. (7) Registered Buyer landing report. (i) Information entered for each IFQ halibut, CDQ halibut, and IFQ sablefish delivery. (A) User identification. (B) Landing date. (C) Landing location. (D) Permit numbers. (E) Delivery information. 1 9 ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 7 ( 7 6 ( 8 ( 9 (ii) Signatures for IFQ halibut, CDQ halibut, or IFQ sablefish deliveries. (B) The User for the Registered Buyer, plus the IFQ permit holder or the IFQ hired master permit holder or CDQ hired master permit holder, must acknowledge the accuracy of the printed IFQ halibut, CDQ halibut, or IFQ sablefish landing receipt, and if necessary, IFQ manual landing report, by entering printed name, signature, and date. (iii) Time limits Landing hours. (B) Landing receipt signatures. (C) Landing completion. (iv) IFQ manual landing report. (8) Registered Crab Receiver (RCR) IFQ crab landing report. (ii) An RCR using a catcher/processor is required to submit a crab landing report using eLandings in a format approved by NMFS. NMFS will provide format specifications upon request. Interested parties may contact NMFS Alaska Region, Sustainable Fisheries Division, Catch Accounting/Data Quality, P.O. Box 21668, Juneau, AK 99802-1668, telephone 907-586-7228. (iii) Information entered for each IFQ crab delivery. (A) Permit numbers. (B) Operation type and port code 1 ( 2 ( 3 ( 4 CR Crab Regional Designations N—North Region Landed in the Bering Sea subarea north of 56°20′ N. lat. S—South Region Landed in any area in Alaska, not in the North Region. W—West Region West of 174° W. long. Only applicable for western Aleutian Islands golden king crab (WAG). (C) Delivery information. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 (D) Crew and observer information 1 ( 2 (iv) Information entered for IFQ crab custom processing landings. (v) Signatures for IFQ crab deliveries. (B) The User for the Registered Crab Receiver (RCR), plus the IFQ permit holder or IFQ hired master permit holder, must acknowledge the accuracy of the printed IFQ crab landing receipt, and, if necessary, IFQ manual landing report, by entering printed name, signature, and date. (vi) Time limits. (B) For IFQ crab harvested on a catcher/processor, the User for the RCR is required to submit an IFQ crab landing report to NMFS by Tuesday 1200 hours, A.l.t. after the end of each weekly reporting period in which IFQ crab was harvested. (C) The User for the RCR and the IFQ permit holder or IFQ hired master permit holder must enter printed name and sign the crab IFQ landing receipt within six hours after all crab is offloaded from the harvesting vessel. (vii) Landing document retention. (viii) IFQ manual landing report for crab. (9) Shoreside processor or SFP information entered for production report. (i) Contents. (A) Date. (B) Observers. (C) Area of harvest. (D) Product description. (E) Product weight. (F) No production/no deliveries (inactive). (ii) Submittal time limits (B) If a shoreside processor or SFP using eLandings is not taking deliveries over a weekend, the User or manager may submit the eLandings production report from Saturday and Sunday to NMFS by 1200 hours, A.l.t., on the following Monday. (10) Catcher/processor or mothership information entered for production report Catcher/processor. (ii) Mothership. (iii) Contents. (A) Date. (B) Designation. (C) Crew size. (D) Management program. (E) Gear type of harvester. (F) Federal Reporting Area of harvest. (G) COBLZ or RKCSA. (H) Product description. (I) Product weight. (J) No production (inactive). (K) Discard description. (L) Discard weight. (M) PSC numbers 1 Non-AFA catcher/processors and all motherships. ( 2 AFA and CDQ catcher/processors. (N) ADF&G statistical area. (iv) Submittal time limits (B) If a vessel is in the groundfish and halibut fishery full observer coverage category described at § 679.51(a)(2), the User may submit a production report for Friday, Saturday, and Sunday no later than 2400 hours, A.l.t., on the following Monday. (11) Printing of landing reports, landing receipts, and production reports (A) Each landing report. (B) If IFQ halibut, IFQ sablefish, or CDQ halibut, each sablefish/halibut IFQ landing receipt. (C) If IFQ crab, each crab IFQ landing receipt. (D) Each production report. (ii) In addition to paragraph (e)(11)(i) of this section, the mothership operator or User must print an additional copy of each landing report and provide it to the operator of the catcher vessel delivering groundfish to the mothership by 1200 hours, A.l.t., on Tuesday following the end of applicable weekly reporting period. (12) Retention and inspection of landing reports, landing receipts, and production reports (A) Each landing report. (B) If IFQ halibut, IFQ sablefish, or CDQ halibut, each sablefish/halibut IFQ landing receipt. (C) If IFQ crab, each crab IFQ landing receipt. (D) Each production report. (ii) The User must make available the printed copies upon request of NMFS observers and authorized officers as indicated at paragraph (a)(5) of this section. (13) Catcher/processor landing report. (ii) The vessel operator must log into eLandings or other NMFS-approved software and provide the information required on the computer screen. Additional instructions for submitting a catcher/processor landing report is on the Alaska Region Web site at http://alaskafisheries.noaa.gov. (iii) For purposes of this landing report requirement, the end of a fishing trip is defined in § 679.2, paragraph (3)(iii) of the definition of a fishing trip. (iv) The vessel operator must submit the catcher/processor landing report to NMFS by 2400 hours, A.l.t., on the day after the end of the fishing trip. (14) Tender vessel landing report (“tLandings”) tLandings. (ii) Tender vessel operator responsibility. (iii) User responsibility. (iv) Information entered for each groundfish delivery. http://alaskafisheries.noaa.gov. (v) Submittal time limit. (B) The User must upload the data recorded in tLandings by the tender vessel to prepare the initial landing report for a catcher vessel delivering to a tender vessel that is required under paragraph (e)(5) of this section within the submittal time limit specified under paragraph (e)(5). (vi) Compliance. (f) Electronic logbooks (ELBs). (1) Responsibility. (i) Catcher vessel longline and pot gear ELB. (ii) Catcher/processor longline and pot gear ELB. (iii) Catcher vessel trawl gear ELB. (iv) Catcher/processor trawl gear ELB. (v) Mothership ELB. (vi) If using a NMFS-approved ELB, the operator is not required to quarterly submit logsheets to OLE. (vii) AFA and CDQ trawl catcher/processors. (viii) Longline catcher/processor subsector. (ix) Catcher/processors and motherships required to weigh catch on NMFS-approved scales. (A) The weight of test material from the observer platform scale; (B) The total weight of the test material as recorded by the scale being tested; (C) Percent error as determined by subtracting the known weight of the test material from the weight recorded on the scale being tested, dividing that amount by the known weight of the test material, and multiplying by 100; and (D) The time, to the nearest minute A.l.t. when testing began. (2) Requirements for using an ELB Use a NMFS-approved ELB. http://alaskafisheries.noaa.gov (ii) Reporting groundfish by ELB. (iii) Enter all required information into the ELB Inactive. (B) Active. ( 1 Recording time limits. ( 2 (iv) Regularly backup ELB data. (v) Correct errors in ELB data. (3) Printed copies. (i) ELB logsheet. (B) Print one ELB logsheet to describe a continuous period of inactivity, when a vessel is inactive. (C) Print a copy of the ELB logsheet for the observer's use, if an observer is onboard the vessel, by 2400 hours, A.l.t., each day to record the previous day's ELB information. (ii) ELB discard report. (B) If an observer is present, print a copy of the ELB discard report for the observer's use upon completion of each fishing trip or each offload of fish. (4) Signatures ELB logsheet. (ii) ELB discard report. (5) Submittal time limits. (ii) The operator or manager of a buying station or tender vessel that receives groundfish catch from a catcher vessel using an ELB must upon delivery of catch submit the ELB discard report to the mothership, shoreside processor, or SFP, and submit the ELB data export directly to the Regional Administrator or through the mothership, shoreside processor, or SFP. (6) Retention. (7) ELB data submission Catcher/processors. (ii) Catcher vessels. (8) Return receipt. (ii) The operator must retain the NMFS return receipt as described in paragraph (a)(5) of this section. (iii) If a return receipt from NMFS is not received within 24 hours, the operator of the catcher vessel, the operator of a catcher/processor, the operator of the mothership, or the manager of the shoreside processor or SFP forwarding the ELB data export for the operator of the catcher vessel, must contact NMFS by telephone at 907-586-7228 or fax at 907-586-7131 for instructions. (g) Product transfer report (PTR) General requirements. (i) Groundfish and donated prohibited species. (ii) IFQ halibut, IFQ sablefish, and CDQ halibut. (iii) CR crab. (2) Exceptions Bait sales (non-IFQ groundfish only). (ii) Retail sales IFQ halibut, IFQ sablefish, CDQ halibut, and non-IFQ groundfish. (B) CR crab. (iii) Wholesale sales (non-IFQ groundfish only). (iv) Dockside sales. (A) A person holding a valid IFQ permit, or IFQ hired master permit, and a Registered Buyer permit may conduct a dockside sale of IFQ halibut or IFQ sablefish with a person who has not been issued a Registered Buyer permit after all IFQ halibut and IFQ sablefish have been landed and reported in accordance with paragraph (l) of this section. (B) A person holding a valid halibut CDQ hired master permit and Registered Buyer permit may conduct a dockside sale of CDQ halibut with a person who has not been issued a Registered Buyer permit after all CDQ halibut have been landed and reported in accordance with paragraph (l) of this section. (C) A Registered Buyer conducting dockside sales must issue a receipt to each individual receiving IFQ halibut, CDQ halibut, or IFQ sablefish in lieu of a PTR. This receipt must include: ( 1 ( 2 ( 3 (D) A Registered Buyer must maintain a copy of each dockside sales receipt as described in paragraph (l) of this section. (v) Transfer directly from the landing site to a processing facility (CDQ halibut, IFQ halibut, IFQ sablefish, or CR crab only). (A) A copy of the IFQ landing report receipt (Internet receipt) documenting the IFQ landing accompanies the offloaded IFQ halibut, IFQ sablefish, or CDQ halibut while in transit. (B) A copy of the CR crab landing report receipt (Internet receipt) documenting the IFQ landing accompanies the offloaded CR crab while in transit. (C) A copy of the IFQ landing report or CR crab landing report receipt is available for inspection by an authorized officer. (D) The Registered Buyer submitting the IFQ landing report or RCR submitting the CR crab landing report completes a PTR for each shipment from the processing facility pursuant to paragraph (g)(1) of this section. (3) Time limits and submittal. (i) Record all product transfer information on a PTR within 2 hours of the completion of the shipment. (ii) Submit a PTR by facsimile or electronic file to OLE, Juneau, AK (907-586-7313), by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period in which the shipment occurred. (iii) If any information on the original PTR changes prior to the first destination of the shipment, submit a revised PTR by facsimile or electronic file to OLE, Juneau, AK (907-586-7313), by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period in which the change occurred. (4) Required information. (i) Original or revised PTR. (ii) Shipper information. If you are shipping . . . Enter under “Shipper” . . . (A) Non-IFQ groundfish Your processor's name, Federal fisheries or Federal processor permit number. (B) IFQ halibut, CDQ halibut or IFQ sablefish Your Registered Buyer name and permit number. (C) CR crab Your RCR name and permit number. (D) Non-IFQ groundfish, IFQ halibut, CDQ halibut or IFQ sablefish, and CR crab on the same PTR ( 1 2 3 (iii) Transfer information. If you are the Then enter . . . Receiver Date & time of product transfer Location of product transfer Mode of transportation and intended route (A) Receiver is on land and transfer involves one van, truck, or vehicle Receiver name and Federal fisheries, Federal processor, or Federal crab vessel permit number (if any) Date and time when shipment leaves the plant Port or city of product transfer Name of the shipping company; destination city and state or foreign country. (B) Receiver is on land and transfer involves multiple vans, trucks or vehicles Receiver name and Federal fisheries, Federal processor, or Federal crab vessel permit number (if any) Date and time when loading of vans or trucks, is completed each day Port or city of product transfer Name of the shipping company; destination city and state or foreign country. (C) Receiver is on land and transfer involves one airline flight Receiver name and Federal fisheries, Federal processor, or Federal crab vessel permit number (if any) Date and time when shipment leaves the plant Port or city of product transfer Name of the airline company; destination airport city and state. (D) Receiver is on land and transfer involves multiple airline flights Receiver name and Federal fisheries, Federal processor, or Federal crab vessel permit number (if any) Date and time of shipment when the last airline flight of the day leaves Port or city of product transfer Name of the airline company(s); destination airport(s) city and state. (E) Receiver is a vessel and transfer occurs at sea Vessel name and call sign Start and finish dates and times of transfer Transfer position coordinates in latitude and longitude, in degrees and minutes The first destination of the vessel. (F) Receiver is a vessel and transfer takes place in port Vessel name and call sign Start and finish dates and times of transfer Port or position of product transfer The first destination of the vessel. (G) Receiver is an agent (buyer, distributor, shipping agent) and transfer is in a containerized van(s) Agent name and location (city, state) Transfer start and finish dates and times Port, city, or position of product transfer Name (if available) of the vessel transporting the van; destination port. (H) You are aggregating individual retail sales for human consumption. (see paragraph (g)(2) of this section) “RETAIL SALES” Date of transfer. Port or city of product transfer N/A. (I) You are aggregating individual bait sales during a day onto one PTR (non-IFQ groundfish only) “BAIT SALES” Date of transfer. Port or city of product transfer N/A. (J) Non-IFQ Groundfish only. “WHOLESALE SALES” Time of the first sale of the day; time of the last sale of the day Port or city of product transfer N/A. (iv) Products shipped. (A) Species code and product code. 1 ( 2 (B) Species weight. (C) Number of units. (D) Unit weight. (E) Total weight. (F) Total or partial offload. 1 ( 2 (h) Check-in/Check-out report Requirement. (2) Exceptions VMS onboard. (ii) Two adjacent reporting areas. (A) Submit to NMFS a check-in report to the first area prior to entering the first reporting area, and (B) Submit to NMFS a check-in report to the second area prior to entering the second reporting area. (C) Remain within 10 nautical miles (18.5 km) of the boundary described in paragraph (h)(2)(ii) of this section. (D) If the catcher/processor proceeds in the second reporting area beyond 10 nautical miles (18.5 km) of the boundary between the two areas, the operator must submit a check-out report from the first reporting area. The operator must submit a check-out report from the second area upon exiting that reporting area. (3) Transit through reporting areas. (4) Time limits and submittal. For ... If you are a ... Submit a BEGIN message Submit a CEASE message (i) Each reporting area, except area 300, 400, 550, or 690 (A) C/P using trawl gear Before gear deployment. Within 24 hours after departing a reporting area but prior to checking in to another reporting area. (B) C/P using longline or pot gear Before gear deployment. May be checked in to more than one area simultaneously. Upon completion of gear retrieval and within 24 hours after departing each reporting area. (C) MS Before receiving groundfish, must check-in to reporting area(s) where groundfish were harvested. Within 24 hours after receipt of fish is complete from that reporting area. (ii) COBLZ or RKCSA (A) C/P using trawl gear Prior to fishing. Submit one check-in for the COBLZ or RKCSA and another check-in for the area outside the COBLZ or RKCSA. Upon completion of gear retrieval for groundfish, submit a separate check-out for the COBLZ or RKCSA and another check-out for the area outside the COBLZ or RKCSA. (B) MS Before receiving groundfish harvested with trawl gear that were harvested in the COBLZ or RKCSA, submit one check-in for the COBLZ or RKCSA and another check-in for the area outside the COBLZ or RKCSA. Upon completion of groundfish receipt, submit a separate check-out for the COBLZ or RKCSA and another check-out for the area outside the COBLZ or RKCSA. (iii) Gear Type (A) C/P If in the same reporting area but using more than one gear type, prior to fishing submit a separate check-in for each gear type. Upon completion of gear retrieval for groundfish, submit a separate check-out for each gear type for which a check-in was submitted. (B) MS If harvested in the same reporting area but using more than one gear type, prior to receiving groundfish submit a separate check-in for each gear type. Upon completion of receipt of groundfish, submit a separate check-out for each gear type for which a check-in was submitted. (iv) CDQ (A) MS Prior to receiving groundfish CDQ, if receiving groundfish under more than one CDQ number, use a separate check-in for each CDQ number. Within 24 hours after receipt of groundfish CDQ has ceased for each CDQ number. (B) C/P Prior to fishing, submit a separate check-in for each CDQ number. Within 24 hours after groundfish CDQ fishing for each CDQ number has ceased. (v) Exempted or Research Fishery (A) C/P Prior to fishing, submit a separate check-in for each type. Upon completion of receipt of groundfish submit a separate check-out for each type for which a check-in was submitted. (B) MS Prior to receiving groundfish, submit a separate check-in for each type. Upon completion of receipt of groundfish submit a separate check-out for each type for which a check-in was submitted. (vi) Aleutian Islands Pollock (AIP) (A) C/P Prior to AIP fishing. Within 24 hours after completion of gear retrieval for AIP. (B) MS Before receiving AIP. Within 24 hours after receipt of AIP has ceased. (vii) Processor Type C/P, MS If a catcher/processor and functioning simultaneously as a mothership in the same reporting area, before functioning as either processor type. Upon completion of simultaneous activity as both catcher/processor and mothership, a separate check-out, one for catcher/processor and one for mothership. (viii) Change of fishing year (A) C/P, MS If continually active through the end of one fishing year and at the beginning of a second fishing year, submit a check-in for each reporting area to start the year on January 1. If a check-out report was not previously submitted during a fishing year for a reporting area, submit a check-out report for each reporting area on December 31. (B) SS, SFP If continually active through the end of one fishing year and at the beginning of a second fishing year, submit a check-in to start the year on January 1. If a check-out report was not previously submitted during a fishing year, submit a check-out report on December 31. (ix) Interruption of production SS, SFP, MS n/a If receipt of groundfish is expected to stop for at least one month during the fishing year and then start up again, the manager or operator may choose to submit a check-out report. (x) Change of location AFA SFP Before receiving groundfish. Upon completion of receipt of groundfish from a position and before movement from that position. (5) Required information. Required information Check-in Report Check-out Report MS C/P SS, SFP MS C/P SS, SFP (i) Whether an original or revised report X X X X X X (ii) Vessel name, ADF&G processor code, FFP number X X X X (iii) Processor name, ADF&G processor code, FPP number X X (iv) Representative name, business telephone number, business fax number X X X X X X (v) COMSAT number (if applicable) X X X X (vi) Management program name (see paragraph (a)(1)(iii) of this section) and identifying number (if any). If harvest is not under one of these management programs, leave blank. X X X X (vii) Processor type, gear type X X X X (viii) Date (mm/dd/yyyy) and time (A.l.t., military format) (A) When receipt of groundfish will begin X X (B) When gear deployment will begin X (C) When the last receipt or processing of groundfish was completed X X (D) When the vessel departed the reporting area X (ix) Position coordinates (A) Where groundfish receipt begins X (B) Where receiving groundfish (if SFP): X (C) Where gear is deployed X (D) Where the last receipt of groundfish was completed X (E) Where the vessel departed the reporting area X (x) Reporting area code (A) Where gear deployment begins X (B) Where groundfish harvest occurred X (C) Where the last receipt of groundfish was completed X (D) Where the vessel departed the reporting area X (xi) Primary and secondary target species (A change in intended target species within the same reporting area does not require a new BEGIN message.) (A) Expected to be received the following week X (B) Expected to be harvested the following week X (xii) Indicate (YES or NO) whether this is a check-in report X (xiii) If YES, indicate (A) If checking-in for the first time this fishing year X (B) If checking-in to restart receipt and processing of groundfish after filing a check-out report X (xiv) Indicate (YES or NO) whether this is a check-out report X (xv) If YES, enter date facility ceased to receive or process groundfish X (xvi) Indicate product weight of all fish or fish products (including non groundfish) remaining at the facility (other than public cold storage) by species code and product code. Indicate if recorded to the nearest pound or to the nearest 0.001 mt. X X (i) Weekly production report (WPR). (j) [Reserved] (k) U.S. Vessel Activity Report (VAR). see (1) Fish or fish product onboard. (2) Combination of non-IFQ groundfish with IFQ halibut, CDQ halibut, IFQ sablefish or CR crab. (3) Revised VAR. (4) Exemption: IFQ Departure Report. (5) Information required. (ii) Name and Federal fisheries permit number of vessel or RCR permit number. (iii) Type of vessel (whether catcher vessel, catcher/processor, or mothership). (iv) Name, daytime telephone number (including area code), and facsimile number and COMSAT number (if available) of representative. (v) Return report. (A) Intended Alaska port of landing ( see (B) Estimated date and time (hour and minute, Greenwich mean time) the vessel will cross the boundary; and (C) The estimated position coordinates in latitude and longitude where the vessel will cross. (vi) Depart report. (A) The intended U.S. port of landing or country other than the United States ( see (B) Estimated date and time (hour and minute, Greenwich mean time) the vessel will cross the boundary; and (C) The estimated position coordinates in latitude and longitude where the vessel will cross. (vii) The Russian Zone. (viii) Fish or fish products. (A) Harvest zone code; (B) Species codes; (C) Product codes; and (D) Total fish product weight in lbs or to the nearest 0.001 mt (2.20 lb). (l) IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab R&R. Federal Register see (1) IFQ Prior Notice of Landing (PNOL) Time limits and submittal. (B) A PNOL must be made to the toll-free telephone number 800-304-4846 or to 907-586-7163 between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t. (ii) Revision to PNOL. (iii) Information required. (A) Vessel name and ADF&G vessel registration number; (B) Port of landing and port code from Tables 14a and 14b to this part; (C) Exact location of landing within the port ( i.e., (D) The date and time (A.l.t.) that the landing will take place; (E) Species and estimated weight (in pounds) of the IFQ halibut, CDQ halibut or IFQ sablefish that will be landed; (F) IFQ regulatory area(s) in which the IFQ halibut, CDQ halibut, or IFQ sablefish were harvested; (G) IFQ permit number(s) that will be used to land the IFQ halibut, CDQ halibut, or IFQ sablefish; (H) Gear type used to harvest the IFQ sablefish or IFQ halibut (see Table 15 to this part); and (I) If using longline pot gear in the GOA or pot gear in the BSAI, report the number of pots set, the number of pots lost, and the number of pots left deployed on the fishing grounds. (iv) Exemption Halibut. (B) Lingcod. (2) IFQ landing Remain at landing site. (ii) No movement of IFQ halibut, CDQ halibut, or IFQ sablefish. (iii) Single offload site IFQ halibut and CDQ halibut. (B) IFQ sablefish. (3) Transshipment authorization. see (i) No person may transship processed IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab between vessels without authorization by a local clearing officer. Authorization from a local clearing officer must be obtained for each instance of transshipment at least 24 hours before the transshipment is intended to commence. (ii) Information required. (A) Date and time (A.l.t.) of transshipment; (B) Location of transshipment; (C) Name and ADF&G vessel registration number of vessel offloading transshipment; (D) Name of vessel receiving the transshipment; (E) Product destination; (F) Species and product type codes; (G) Total product weight; (H) Time (A.l.t.) and date of the request; (I) Name, telephone number, FAX number (if any) for the person making the request. (4) IFQ departure report. see (i) General requirements Time limit and submittal. see (B) Completion of fishing. (C) Permit 1 Registered Crab Receiver permit. ( 2 Registered Buyer permit. (D) First landing of any species. (E) Permits on board. 1 ( 2 ( 3 (ii) Required information. (A) Intended date, time (A.l.t.), and location of landing; (B) Vessel name and ADF&G vessel registration number; (C) Vessel operator's name and Registered Buyer permit or Registered Crab Receiver permit number; (D) Halibut IFQ, halibut CDQ, sablefish IFQ, and CR crab permit numbers of IFQ and CDQ permit holders on board; (E) Area of harvest. 1 see ( 2 see ( 3 see (F) Estimated total weight as appropriate of IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab on board (lb/kg/mt). (iii) Revision to Departure Report. (5) Landing verification, inspection and record retention Verification and inspection. (ii) Record retention. (A) Until the end of the fishing year during which the records were made and for as long thereafter as fish or fish products recorded are retained onboard the vessel or at the facility; and (B) Upon request of an authorized officer for 3 years after the end of the fishing year during which the records were made. (6) Sampling (ii) Each IFQ halibut landing or CDQ halibut landing is subject to sampling for biological information by persons authorized by the IPHC. (7) IFQ cost recovery program IFQ Registered Buyer Ex-vessel Volume and Value Report (IFQ Buyer Report) Applicability. (B) Due date. (C) Information required. http://alaskafisheries.noaa.gov/ram: ( 1 IFQ Registered Buyer identification. ( 2 Pounds purchased and values paid. i ( ii ( 3 Value paid for price adjustments i Retro-payments. ( ii Electronic submittal. ( iii Non-electronic submittal. (D) Submittal. http://alaskafisheries.noaa.gov/ram. (E) Reporting period. (ii) IFQ Permit Holder Fee Submission Form Applicability. (B) Due date and submittal. (C) Completed application. (D) IFQ landing summary and estimated fee liability. (E) Revised fee liability calculation. (F) Documentation. (G) Reporting period. (8) An annual report on the halibut and sablefish IFQ activity must be submitted by the CQE as required at § 679.5(t). (9) Recreational Quota Entity Program annual report. (10) A report on annual IFQ regulatory areas 4B, 4C, and 4D Halibut IFQ transfer activities must be submitted to NMFS and the Council by a CDQ group as required at § 679.5(w). (m) CDQ Vessel Registration Registration. http://alaskafisheries.noaa.gov http://alaskafisheries.noaa.gov. (2) Responsibility. (3) LLP exemption letter. (4) Removing a vessel from the CDQ vessel registration list. (n) CDQ and PSQ transfers (1) CDQ or PSQ transfer. (2) Completed application. (3) Certification of transferor Non-electronic submittal. (ii) Electronic submittal. (4) Certification of transferee Non-electronic submittal. (ii) Electronic submittal. (o) [Reserved] (p) Commercial Operator's Annual Report (COAR) Requirement. (2) Time limit and submittal of COAR. ADF&G Division of Commercial Fisheries, Attn: COAR, P.O. Box 25526, Juneau, AK 99802-5526 (3) Information required, certification page. (i) Enter the company name and address, including street, city, state, and zip code; also seasonal mailing address, if applicable. (ii) Enter the vessel name and ADF&G processor code. (iii) Check YES or NO to indicate whether fishing activity was conducted during the appropriate year. (iv) If response to paragraph (p)(3)(iii) of this section is YES, complete the applicable forms of the COAR (see table 18 to this part) and complete and sign the certification page. (v) If response to paragraph (p)(3)(iii) of this section is NO, complete and sign only the certification page. (vi) Sign and enter printed or typed name, e-mail address, title, telephone number, and FAX number of owner. (vii) Enter printed or typed name, e-mail address, and telephone number of alternate contact. (4) Buying information (exvessel), Forms A (1-3), C (1-2), E, G, I (1-2), and K Requirement. (ii) Buying information required. (A) Species name and code (see table 2 to this part). (B) Area purchased (see table 16 to this part). (C) Gear code (see table 15 to this part). (D) Delivery code (form G only) (see table 1 to this part). (E) Total weight (to the nearest lb) purchased from fishermen. (F) Total amount paid to fishermen, including all post- season adjustments and/or bonuses and any credit received by fishermen for gas expenses, ice, delivery premiums, and other miscellaneous expenses. (G) Price per pound. If additional adjustments may be made after this report has been filed, the owner must check the “$ not final” box, and submit Form M when these adjustments are paid. Do not include fish purchased from another processor. (5) Production forms, Forms B (1-6), D, F, H, J (1-2), and K). (i) Requirement Mothership. ( 1 ( 2 (B) Catcher/processor. (ii) Information required, non-canned production (B) Processed product. Processed product must be described by entering three codes: ( 1 ( 2 ( 3 (C) Total net weight. Enter total weight (in pounds) of the finished product. (D) Total value($). Enter the total wholesale value of the finished product. (E) Enter price per pound of the finished product. (iii) Information required, canned production. (A) Enter area of processing (see table 16 to this part). (B) Process 51 or 52. Enter conventional canned code (51) or smoked, conventional canned code (52). (C) Total value($). Enter the total wholesale value of the finished product. (D) Enter can size in ounces, to the hundredth of an ounce. (E) Enter number of cans per case. (F) Enter number of cases. (6) Custom production forms, Form L (1-2) Requirement. (ii) Custom-production by mothership or catcher/processor for another processor. (iii) Custom-production by another processor for mothership or catcher/processor. (A) Custom fresh/frozen miscellaneous production. ( 1 ( 2 ( 3 ( i ( ii ( iii ( 4 ( 5 (B) Custom canned production. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 (7) Fish buying retro payments/post-season adjustments, Form M Requirement. (ii) Information required (B) Enter area purchased (see table 16 to this part) (C) Enter gear code (see table 16 to this part). (D) Enter total pounds purchased from fisherman. (E) Enter total amount paid to fishermen (base + adjustment). (q) AI directed pollock fishery catch reports Applicability. (2) Time limits and submittal. (A) An electronic data file in a format approved by NMFS; or (B) By fax. (ii) The AI directed pollock fishery catch reports must be received by the Regional Administrator by 1200 hours, A.l.t. on Tuesday following the end of the applicable weekly reporting period, as defined at § 679.2. (3) Information required. (i) Catcher vessel ADF&G number; (ii) Federal fisheries or Federal processor permit number; (iii) Delivery date; (iv) Pollock harvested: (A) For shoreside and stationary floating processors and motherships, the amount of pollock (in lb for shoreside and stationary floating processors and in mt for motherships) delivered, including the weight of at-sea pollock discards; and (B) For catcher/processors, the amount of pollock (in mt) harvested and processed, including the weight of at-sea pollock discards; and (v) ADF&G fish ticket number. (r) Rockfish Program General. (2) Logbook DFL. (ii) ELB. (3) eLandings. (4) Production reports. (5) Product transfer report (PTR), processors. (6) [Reserved] (7) Vessel monitoring system (VMS) requirements (8) Rockfish cooperative vessel check-in and check-out report Applicability Vessel check-in. ( 1 ( 2 ( 3 (B) Vessel check-out. ( 1 ( 2 (ii) Submittal. (iii) Information required. (A) CQ permit number; (B) ADF&G vessel registration number(s) of vessel(s) designated to fish under the CQ permit; (C) USCG designation number(s) of vessel(s) designated to fish under the CQ permit; and (D) Date and time when check-in or check-out begins. (9) Rockfish CQ cost recovery fee submission (10) Rockfish Ex-vessel Volume and Value Report Applicability. (ii) Reporting period. (iii) Due date. (iv) Information required. (B) Certification. (v) Submittal. (s) Amendment 80 Program General. (2) Logbook-DCPL. (3) Check-in/check-out report, processors. (4) Production report. (5) Product transfer report (PTR), processors. (6) Annual Amendment 80 cooperative report Applicability. (ii) Time limits and submittal. (B) The annual Amendment 80 cooperative report for fishing activities under a CQ permit issued for the prior calendar year must be received by the Regional Administrator not later than 1700 hours A.l.t. on March 1 of each year. (iii) Information required. (A) The cooperative's actual retained and discarded catch of CQ and GOA sideboard limited fisheries (if applicable) by statistical area and on a vessel-by-vessel basis; (B) A description of the method used by the cooperative to monitor fisheries in which cooperative vessels participated; and (C) A description of any actions taken by the cooperative against specific members in response to a member that exceeded the amount of CQ that the member was assigned to catch for the Amendment 80 cooperative. (D) For each Amendment 80 cooperative, the percent of groundfish retained by that Amendment 80 cooperative of the aggregate groundfish retained by all Amendment 80 vessels assigned to that Amendment 80 cooperative using the following equations: Substituting the value for GFroundweight GFR GFroundweight Where: GFroundweight PWspecies n PRRspecies n GFR% TotalGF (E) For each Amendment 80 cooperative, a third party must audit the Amendment 80 cooperative's annual groundfish retention calculations and the Amendment 80 cooperative must include the finding of the third party audit in its Amendment 80 annual cooperative report. (7) Vessel monitoring system (VMS) requirements (t) Community Entity Quota Program Annual Report Applicability. 2 (2) Time limits and submittal. (3) Complete annual report. (4) General report requirements. (i) The eligible community or communities, represented by the CQE, any new communities, and any withdrawn communities; (ii) Any changes in the bylaws of the CQE, board of directors, or other key management personnel; and (iii) Copies of minutes and other relevant decision making documents from all CQE board meetings held during the prior calendar year. (5) Program specific report requirements. (i) If a community in Table 21 to part 679 was issued one or more charter halibut permits held on behalf of the community by a CQE, then the CQE must complete paragraphs (t)(5)(iv)(A) through (I) of this section; (ii) If a community in Table 21 to part 679 leased halibut and sablefish IFQ derived from the QS held on behalf of the community by a CQE, then the CQE must complete paragraphs (t)(5)(v)(A) through (J) of this section; and (iii) If a community in Table 21 to part 679 was assigned one or more Pacific cod endorsed non-trawl groundfish licenses held on behalf of the community by a CQE, then the CQE must complete paragraphs (t)(5)(vi)(A) through (I) of this section. (iv) Charter Halibut Limited Access Program. (A) The total number of charter halibut permits held by the CQE at the start of the calendar year, at the end of the calendar year, and projected to be held in the next calendar year; (B) A description of the process used by the CQE to solicit applications from persons to use charter halibut permits that the CQE is holding on behalf of the eligible community; (C) The total number of persons who applied to use one or more charter halibut permits; (D) Name, business address, city and state, and number of charter halibut permits requested by each person who applied to use a charter halibut permit held by the CQE; (E) A detailed description of the criteria used by the CQE to distribute charter halibut permits among persons who applied to use one or more charter halibut permits that the CQE is holding on behalf of the eligible community; (F) For each person issued one or more charter halibut permits held by a CQE, provide their name, business address, city and state, ADF&G logbook number(s), and the number(s) of each charter halibut permits they were authorized to use with the corresponding regulatory area endorsement and angler endorsement; (G) For each vessel authorized to participate in the charter halibut fishery using one or more charter halibut permits held by the CQE, provide the vessel name, ADF&G vessel registration number, USCG documentation number, length overall, home port and each charter halibut permits number held by the CQE and used onboard the vessel; (H) For each vessel authorized to participate in the charter halibut fishery using one or more charter halibut permits held by the CQE, provide each set of ports from which the vessel departed and to which it returned, and the total number of trips that occurred to and from each set of ports when one or more charter halibut permits held by the CQE was used onboard the vessel; and (I) For each community represented by the CQE, provide any payments made to the CQE for use of the charter halibut permits. (v) Individual Fishing Quota Program. (A) The total amount of halibut QS and total amount of sablefish QS held by the CQE at the start of the calendar year, at the end of the calendar year, and projected to be held in the next calendar year; (B) A description of the process used by the CQE to solicit applications from eligible community residents and non-residents to use IFQ that is derived from QS that the CQE is holding on behalf of the eligible community; (C) The total number of eligible community residents and non-residents who applied to use IFQ derived from QS held by the CQE; (D) Name, business address, city and state, and amount of IFQ requested by each person who applied to use IFQ derived from QS held by the CQE; (E) A detailed description of the criteria used by the CQE to distribute IFQ among eligible community residents and non-residents who applied to use IFQ held by the CQE; (F) For each person who leased IFQ derived from QS held by the CQE, provide their name, business address, city and state, each IFQ permit number, and the total pounds of halibut IFQ and total pounds of sablefish IFQ they were authorized to use through each IFQ permit number; (G) For each vessel used to harvest IFQ derived from QS held by the CQE, provide the vessel name, ADF&G vessel registration number, USCG documentation number, length overall, home port, and each IFQ permit number(s) used onboard; (H) A description of the efforts made by the CQE to ensure crew members onboard the vessels used to harvest the IFQ derived from QS held by the CQE are residents of the CQE eligible community; (I) Name, resident city and state of each person employed as a crew member on each vessel used to harvest IFQ derived from QS held by the CQE; and (J) For each community whose eligible community residents and non-residents landed IFQ derived from QS held by the CQE, provide any payments made to the CQE for use of the IFQ. (vi) License Limitation Program. (A) The total number of LLP groundfish licenses by gear type endorsement held by the CQE at the start of the calendar year, at the end of the calendar year, and projected to be held in the next calendar year; (B) A description of the process used by the CQE to solicit applications from residents of the eligible community to use LLP groundfish license(s) that the CQE is holding on behalf of the eligible community; (C) The total number of community residents who applied to use an LLP groundfish license held by the CQE; (D) Name, business address, city and state, and number of LLP groundfish licenses requested by each person who applied to use a LLP groundfish license held by the CQE; (E) A detailed description of the criteria used by the CQE to distribute LLP groundfish licenses among eligible community residents who applied to use LLP groundfish licenses held by the CQE; (F) For each person assigned one or more LLP groundfish licenses held by the CQE, provide their name, business address, city and state, and LLP groundfish license numbers for permits of each gear endorsement type they were authorized to use; (G) For each vessel authorized to harvest LLP groundfish using one or more LLP groundfish licenses held by the CQE, provide the vessel name, ADF&G vessel registration number, USCG documentation number, length overall, home port, and each LLP groundfish license number used onboard; (H) Name, resident city and state of each person employed as a crew member on each vessel authorized to harvest LLP groundfish using one or more LLP groundfish licenses held by the CQE; and (I) For each community whose residents made landings using one or more LLP groundfish licenses held by the CQE, provide any payments made to the CQE for use of the LLP groundfish licenses. (u) BSAI Cost Recovery Volume and Value Reports Pacific Cod Ex-vessel Volume and Value Report Applicability. (ii) Reporting period. (iii) Due date. (iv) Information required. (B) Certification. (v) Submittal. https://alaskafisheries.noaa.gov. (2) First Wholesale Volume and Value Report Applicability. (ii) Reporting period. (B) The first reporting period of the First Wholesale Volume and Value Report for rock sole shall extend from January 1 to March 31, and the second reporting period shall extend from April 1 to October 31. (iii) Due date. (iv) Information required. (B) Certification. (v) Submittal. https://alaskafisheries.noaa.gov. (v) Recreational Quota Entity Program Annual Report Applicability. (2) Time limits and submittal. (3) Complete annual report. (4) General report requirements. (i) Any changes to the bylaws, board of directors, or other key management personnel of the RQE from the preceding year; (ii) Amount and description of annual administrative expenses; (iii) Amount and description of funds spent on conservation and research, including a summary of the results of those expenditures; and (iv) Amount and description of all other expenses incurred by the RQE. (5) Information by IFQ regulatory area. (i) The total amount of halibut QS by category and blocks held by the RQE at the start of the calendar year, on October 1, and at the end of the calendar year; (ii) A list of all transfers (purchases or sales) of halibut QS, including the transaction price; and (iii) A description of the number of charter halibut permits and number of angler endorsements purchased and held by the RQE. (w) Report on Area 4 halibut IFQ transfers to CDQ groups Applicability. (2) Time limits and submittal. (3) Complete report. (4) Report requirements. (i) The annual amount, IFQ regulatory area, and vessel category of IFQ regulatory area 4B, 4C, and 4D halibut IFQ transferred to the CDQ group; (ii) The criteria used to select IFQ holders to transfer IFQ regulatory area 4B, 4C, and 4D halibut IFQ to the CDQ group; and (iii) The criteria used to determine the person(s) eligible to harvest IFQ regulatory area 4B, 4C, and 4D halibut IFQ received by transfer. (x) PCTC Program. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.6 Exempted fisheries. (a) General. (b) Application. (1) The date of the application. (2) The applicant's name, mailing address, and telephone number. (3) A statement of the purpose and goal of the experiment for which an exempted fishing permit is needed, including a general description of the arrangements for disposition of all species harvested under the exempted fishing permit. (4) Technical details about the experiment, including: (i) Amounts of each species to be harvested that are necessary to conduct the experiment, and arrangement for disposition of all species taken. (ii) Area and timing of the experiment. (iii) Vessel and gear to be used. (iv) Experimental design (e.g., sampling procedures, the data and samples to be collected, and analysis of the data and samples). (v) Provision for public release of all obtained information, and submission of interim and final reports. (5) The willingness of the applicant to carry observers, if required by the Regional Administrator, and a description of accommodations and work space for the observer(s). (6) Details for all coordinating parties engaged in the experiment and signatures of all representatives of all principal parties. (7) Information about each vessel to be covered by the exempted fishing permit, including: (i) Vessel name. (ii) Name, address, and telephone number of owner and master. (iii) USCG documentation, state license, or registration number. (iv) Home port. (v) Length of vessel. (vi) Net tonnage. (vii) Gross tonnage. (8) The signature of the applicant. (9) The Regional Administrator may request from an applicant additional information necessary to make the determinations required under this section. Any application that does not include all necessary information will be considered incomplete. An incomplete application will not be considered to be complete until the necessary information is provided in writing. An applicant for an exempted fishing permit need not be the owner or operator of the vessel(s) for which the exempted fishing permit is requested. (c) Review procedures. (2) If the Regional Administrator determines any application is complete and warrants further consideration, he or she will initiate consultation with the Council by forwarding the application to the Council. The Council's Executive Director shall notify the applicant of a meeting at which the Council will consider the application and invite the applicant to appear in support of the application, if the applicant desires. If the Regional Administrator initiates consultation with the Council, NMFS will publish notification of receipt of the application in the Federal Register (d) Notifying the applicant. (i) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with the application. (ii) According to the best scientific information available, the harvest to be conducted under the permit would detrimentally affect living marine resources, including marine mammals and birds, and their habitat in a significant way. (iii) Activities to be conducted under the exempted fishing permit would be inconsistent with the intent of this section or the management objectives of the FMP. (iv) The applicant has failed to demonstrate a valid justification for the permit. (v) The activity proposed under the exempted fishing permit could create a significant enforcement problem. (vi) The applicant failed to make available to the public information that had been obtained under a previously issued exempted fishing permit. (vii) The proposed activity had economic allocation as its sole purpose. (2) In the event a permit is denied on the basis of incomplete information or design flaws, the applicant will be provided an opportunity to resubmit the application, unless a permit is denied because exempted fishing would detrimentally affect marine resources, be inconsistent with the management objectives of the FMP, create significant enforcement problems, or have economic allocation as its sole purpose. (e) Terms and conditions. (1) The maximum amount of each species that can be harvested and landed during the term of the exempted fishing permit, including trip limitations, where appropriate. (2) The number, sizes, names, and identification numbers of the vessels authorized to conduct fishing activities under the exempted fishing permit. (3) The time(s) and place(s) where exempted fishing may be conducted. (4) The type, size, and amount of gear that may be used by each vessel operated under the exempted fishing permit. (5) The condition that observers be carried aboard vessels operated under an exempted fishing permit. (6) Reasonable data reporting requirements. (7) Such other conditions as may be necessary to assure compliance with the purposes of the exempted fishing permit and consistency with the FMP objectives. (8) Provisions for public release of data obtained under the exempted fishing permit. (f) Effectiveness. (g) Recordkeeping and reporting requirements. [61 FR 31230, June 19, 1996, as amended at 64 FR 61981, Nov. 15, 1999; 67 FR 4148, Jan. 28, 2002; 67 FR 22017, May 2, 2002; 74 FR 56745, Nov. 3, 2009] § 679.7 Prohibitions. In addition to the general prohibitions specified in § 600.725 of this chapter, it is unlawful for any person to do any of the following: (a) Groundfish of the GOA and BSAI Federal Fisheries Permit (FFP). (ii) Conduct directed fishing for Atka mackerel, Pacific cod, or pollock with pot, hook-and-line, or trawl gear from a vessel of the United States that does not have on board a legible copy of a valid FFP issued under § 679.4 and endorsed for Atka mackerel, Pacific cod, or pollock under § 679.4(b). (2) Conduct any fishing contrary to notification of inseason action, closure, or adjustment issued under § 679.20, § 679.21, § 679.22, § 679.25. (3) Groundfish and Halibut Observer Program. (ii) Except where observer services are provided by a NMFS employee or other individuals authorized by NMFS under § 679.51(c) or § 679.51(d)(1)(ii), deploy observers in the full observer coverage category at § 679.51(a)(2) and (b)(2) without an observer provider permit issued under § 679.52(a). (4) Pollock roe. (5) Rockfish by catcher vessels using hook-and-line, jig, or pot gear. (i) For any person, to discard rockfish from a catcher vessel required to have a Federal fisheries permit that is fishing for groundfish or IFQ or CDQ halibut using hook-and-line, jig, or pot gear in the BSAI or GOA until that fish has been landed. (ii) Exceed the maximum commerce allowance amount established under § 679.20(j). (6) Gear. (i) Deployment of fixed gear, as defined in § 679.2 under “Authorized fishing gear,” by an operator of a vessel fishing for IFQ halibut during the fishing period prescribed in the annual management measures published in the Federal Register (ii) Deployment of pot gear by operators of vessels fishing for crab during seasons governed by the State of Alaska. (iii) Deployment of jig gear by operators of vessels fishing for salmon during seasons governed by the State of Alaska. (7) Inshore/offshore. (ii) Operate a vessel as a “stationary floating processor” in the “inshore component in the GOA” as defined in § 679.2, and as a catcher/processor in the BSAI during the same fishing year. (iii) Operate a vessel as a “stationary floating processor” in the “inshore component in the GOA” as defined in § 679.2, and as an AFA mothership in the BSAI during the same fishing year. (iv) Operate any vessel in the GOA in more than one of the three categories included in the definition of “inshore component in the GOA,” in §§ 679.2, during any fishing year. (v) Operate any vessel in the GOA under both the “inshore component in the GOA” and the “offshore component in the GOA” definitions in §§ 679.2 during the same fishing year. (vi) Except as provided in paragraph (k)(3)(iv) of this section, use a stationary floating processor with a GOA inshore processing endorsement to process pollock harvested in the GOA or Pacific cod harvested in the Eastern GOA in a directed fishery for those species in more than one single geographic location in the GOA during a fishing year. (vii) Operate a vessel in the “inshore component of the GOA” as defined in § 679.2 during a calendar year if that vessel is used to directed fish for Pacific cod under the authority of a groundfish license with a Pacific cod endorsement in the regulatory area listed in Table 49 to part 679. (viii) Use a vessel operating under the authority of a groundfish license with a Pacific cod endorsement to directed fish for Pacific cod in the Eastern GOA apportioned to the inshore component of the GOA as specified under § 679.20(a)(6) if that vessel has directed fished for Pacific cod in the Eastern GOA apportioned to the offshore component of the Eastern GOA during that calendar year. (ix) Use a vessel operating under the authority of a groundfish license with a Pacific cod endorsement to directed fish for Pacific cod in the Eastern GOA apportioned to the offshore component of the Eastern GOA as specified under § 679.20(a)(6) if that vessel has directed fished for Pacific cod in the Eastern GOA apportioned to the inshore component of the GOA during that calendar year. (8) Fishing in Donut Hole. (i) Fish in the Donut Hole from a vessel for which a Federal fisheries permit has been issued pursuant to § 679.4 during the year for which the permit was issued. (ii) Possess within the EEZ fish harvested from the Donut Hole on board a vessel for which a Federal fisheries permit has been issued pursuant to § 679.4 during the year for which the permit was issued. (9) Authorized fishing gear. (10) Recordkeeping and reporting. (ii) Alter, erase, mutilate, or forge any permit or document issued under §§ 679.4 or 679.5. (iii) Fail to submit or submit inaccurate information on, any report, application, or statement required under this part. (iv) Intentionally submit false information on any report, application, or statement required under this part. (11) Buying station or tender vessel Tender vessel. (ii) Associated processor. (iii) Tender vessel. (12) Prohibited species donation program. (13) Halibut. Federal Register (i) Fail to release the halibut outboard a vessel's rails. (ii) Release halibut caught with longline gear by any method other than— (A) Cutting the gangion. (B) Positioning the gaff on the hook and twisting the hook from the halibut. (C) Straightening the hook by using the gaff to catch the bend of the hook and bracing the gaff against the vessel or any gear attached to the vessel. (iii) Puncture the halibut with a gaff or other device. (iv) Allow halibut caught with longline gear to contact the vessel, if such contact causes, or is capable of causing, the halibut to be stripped from the hook. (14) Trawl gear performance standard BSAI. (ii) GOA. (15) Federal processor permit (FPP). (ii) Receive, purchase or arrange for purchase, discard, or process groundfish harvested in the GOA by a CQE floating processor that does not have on site a legible copy of a valid FPP issued pursuant to § 679.4(f). (16) Retention of groundfish bycatch species. (17) [Reserved] (18) Pollock, Pacific Cod, and Atka Mackerel Directed Fishing and VMS. (19) Atka mackerel directed fishing in the Bering Sea reporting areas. (20) Anchoring in a habitat protection area. (21) VMS on vessels in the Aleutian Islands subarea. (22) VMS for non-pelagic trawl and dredge gear vessels in the GOA. (b) Prohibitions specific to the GOA Southeast outside trawl closure. (2) Catcher vessel harvest limit for pollock. (ii) Except for catcher vessels in the trawl EM category, land more than 300,000 lb (136 mt) of unprocessed pollock harvested in any GOA reporting area from a catcher vessel issued a FFP to any processor or tender vessel during a calendar day as defined at § 679.2; and (iii) Except for catcher vessels in the trawl EM category, land a cumulative amount of unprocessed pollock harvested from any GOA reporting area from a catcher vessel issued a FFP during a directed fishery that exceeds the amount in paragraph (b)(2)(ii) of this section multiplied by the number of calendar days that occur during the time period the directed fishery is open in that reporting area. (3) Tender vessel restrictions for pollock. (ii) Operate as a tender vessel west of 157°00′ W long. while retaining on board at any time more than 600,000 lb (272 mt) of unprocessed pollock. (4) Catcher vessel restrictions. (ii) Deliver Pacific cod harvested in the Western GOA or Central GOA regulatory area, including Federal reporting areas 610, 620, or 630, to another vessel for processing unless the processing vessel carries an operable NMFS-approved Vessel Monitoring System that complies with the requirements in § 679.28(f). (iii) Deliver Pacific cod harvested in the Western GOA or adjacent waters parallel directed fishery to a vessel for processing in excess of the processing limits established at § 679.20(a)(12)(iv) or (v), unless the processing vessel meets the definition of a stationary floating processor at § 679.2. (iv) Deliver Pacific cod harvested in the Central GOA or adjacent waters parallel directed fishery in excess of the processing limits established at § 679.20(a)(12)(v), unless the processing vessel meets the definition of a stationary floating processor at § 679.2. (v) Deliver Pacific cod harvested in the Central GOA or adjacent waters parallel directed fishery to a vessel for processing, unless that vessel is endorsed as a CQE floating processor or stationary floating processor. (vi) Eligible catcher/processor LLP license holders electing to add a catcher vessel endorsement for the Western or Central GOA under § 679.4 (k)(10)(vii)(B) and (C) of this part are prohibited from catching and processing Pacific cod onboard a vessel under the authority of that groundfish license in the directed Pacific cod fishery in Federal reporting areas 610, 620, or 630. (5) Stationary floating processor restrictions. (ii) Operate as a stationary floating processor in the GOA and as a catcher/processor in the GOA during the same calendar year. (iii) Operate as a stationary floating processor in the GOA and as a CQE floating processor or mothership in the GOA during the same calendar year. (6) Parallel fisheries. 2 6 2 7 (i) That non-trawl vessel is designated on both: (A) An LLP license issued under § 679.4(k) of this part, unless that vessel is using jig gear and exempt from the LLP license requirement under § 679.4(k)(2)(iii) of this part. Each vessel required to have an LLP license must be designated with the following endorsements: ( 1 ( 2 (B) An FFP issued under § 679.4(b) of this part with the following endorsements: ( 1 ( 2 ( 3 ( 4 (ii) Or, that trawl vessel is designated on both: (A) An LLP license issued under § 679.4(k) of this part endorsed for trawl gear with the GOA area designation adjacent to the parallel waters fishery where the harvest occurred, and (B) An FFP issued under § 679.4(b) of this part with the following endorsements: ( 1 ( 2 ( 3 ( 4 (7) Parallel fishery closures. 2 6 2 7 (8) Prohibitions specific to salmon discard in the Western and Central Reporting Areas of the GOA directed fisheries for groundfish. (9) Conduct directed fishing for flatfish, as defined in § 679.2, with a vessel required to be federally permitted in the Central GOA Regulatory Area, as defined in Figure 3 to this part, without meeting the requirements for modified nonpelagic trawl gear specified at § 679.24(f) and illustrated in Figures 25, 26, and 27 to this part. (c) Prohibitions specific to BSAI. (2) Prohibited species. (3) Parallel Pacific cod fisheries—participation requirements. 2 9 (i) That non-trawl vessel is designated on both: (A) An LLP license issued under § 679.4(k), unless that vessel is using jig gear and exempt from the LLP license requirement under § 679.4(k)(2)(iii). Each vessel required to have an LLP license must be designated with the following endorsements: ( 1 ( 2 (B) An FFP issued under § 679.4(b) with the following endorsements: ( 1 ( 2 ( 3 (ii) Or, that trawl vessel is designated on both: (A) An LLP license issued under § 679.4(k) endorsed for trawl gear with the BSAI area endorsement for the BSAI area adjacent to the parallel fishery where the harvest occurred; and (B) An FFP issued under § 679.4(b) with the following endorsements: ( 1 ( 2 ( 3 ( 4 (4) Parallel Pacific cod fisheries—closures. (5) Conduct directed fishing for flatfish as defined in § 679.2 with a vessel required to be federally permitted in any reporting area of the Bering Sea subarea as described in Figure 1 to this part without meeting the requirements for modified nonpelagic trawl gear specified in § 679.24(f). (6) For a shoreside processor designated on an FPP, or a mothership designated on an FFP, that processes landings of either CDQ Pacific cod or BSAI Pacific cod harvested by a vessel using trawl gear to fail to submit a timely and complete Pacific Cod Ex-vessel Volume and Value Report as required under § 679.5(u)(1). (d) CDQ. (2) Fail to submit, submit inaccurate information on, or intentionally submit false information on any report, application, or statement required under this part. (3) For a CDQ group, exceed a CDQ or a halibut PSQ. (4) Catch Accounting General. (B) For the operator of a vessel required to have an observer sampling station described at § 679.28(d), to harvest or take deliveries of CDQ or PSQ species without a valid observer sampling station inspection report issued by NMFS under § 679.28(d)(10) on board the vessel. (C) For the manager of a shoreside processor or stationary floating processor, or the manager or operator of a buying station or tender vessel that is required elsewhere in this part to weigh catch on a scale approved by the State of Alaska under § 679.28(c), to fail to weigh catch on a scale that meets the requirements of § 679.28(c). (D) For the operator of a catcher/processor or a catcher vessel required to carry a level 2 observer, to combine catch from two or more CDQ groups in the same haul or set. (E) For the operator of a catcher vessel using trawl gear or any vessel less than 60 ft (18.3 m) LOA that is groundfish CDQ fishing as defined at § 679.2, to discard any groundfish CDQ species or salmon PSQ before it is delivered to a processor, unless discard of the groundfish CDQ is required under other provisions or, in waters within the State of Alaska, discard is required by laws of the State of Alaska. (F) For the operator of a vessel using trawl gear, to release CDQ catch from the codend before it is brought on board the vessel and weighed on a scale approved by NMFS under § 679.28(b) or delivered to a processor. This includes, but is not limited to, “codend dumping” and “codend bleeding.” (G) For the operator of a catcher/processor using trawl gear or a mothership, to sort, process, or discard CDQ or PSQ species before the total catch is weighed on a scale that meets the requirements of § 679.28(b), including the daily test requirements described at § 679.28(b)(3). (H) For the operator of a vessel fishing on behalf of a CDQ group to retain more than the maximum retainable amount of pollock established under § 679.20(e) unless the pollock harvested by that vessel accrues against a CDQ group's pollock CDQ allocation. (ii) Fixed gear sablefish. (5) Prohibited species catch Crab Zone 1. C. bairdi (B) Zone 2. C. bairdi (C) COBLZ. C. opilio C. opilio (ii) Salmon Discard of salmon. (B) Non-Chinook salmon. (C) Chinook salmon 1 Overages of Chinook salmon PSC allocations. ( 2 ( 3 ( 4 ( 5 ( i ( ii 2 ( iii 3 ( 6 (6) For a CDQ group, exceed a seasonal allowance of Pacific cod under § 679.20(a)(7)(i)(B). (7) For a CDQ group, exceed a seasonal allowance of Atka mackerel under § 679.20(a)(8)(ii). (8) Fail to submit a timely and complete CDQ cost recovery fee submission form and fee as required under § 679.33. (9) For an operator of a catcher vessel greater than 32 ft (9.8 m) LOA and less than or equal to 46 ft (14.0 m) LOA using hook-and-line gear and that is registered by a CDQ group under § 679.5(m), to conduct groundfish CDQ fishing without a legible copy of the LLP exemption letter issued to a CDQ group for that vessel on board the vessel. (10) For a CDQ group representative, to remove a vessel from the CDQ vessel registration list under § 679.5(m)(4) without first providing notice to the operator of the registered vessel that the vessel is being removed from the CDQ vessel registration list or when the vessel operator is groundfish CDQ fishing. (e) Halibut Deck Sorting. (2) For any haul for which the notification at § 679.102 (e)(2) is provided, allow fish to be spilled from the codend without an observer being present to monitor halibut deck sorting. (3) Sort halibut from the catch prior to weighing except in compliance with requirements at § 679.102. (4) Sort halibut on deck without an observer present to monitor halibut deck sorting. (5) Discard halibut sorted on deck prior to the observer's completion of data collection for each halibut. (6) Sort or discard any species other than halibut during halibut deck sorting. (7) Conduct halibut deck sorting past the time limit set by NMFS in the vessel's Observer Sampling Station Inspection Report. (8) Conduct halibut deck sorting without complying with the observer deck sampling station requirements at § 679.28(d)(9). (9) Fail to have an approved Deck Safety Plan before conducting halibut deck sorting. (10) Fail to notify the Observer Program for purposes of the pre-cruise meeting when required by § 679.102 (c). (11) Weigh catch on a NMFS-approved scale that complies with the requirements at § 679.28(b) when halibut deck sorting unless three or more observers are present on the vessel and an observer has been notified and is available to complete data collection duties in the factory. (12) Sort halibut without a video monitoring system meeting requirements at § 679.28(l). (13) Fail to comply with any other requirement or restriction specified in this part or violate any provision of this part. (f) IFQ fisheries. (2) Intentionally submit false information on any report, application, or statement required under this part. (3)(i) Halibut. (B) Retain halibut caught with fixed gear without a valid CDQ permit and without a CDQ hired master permit in the name of an individual aboard. (C) Use fixed gear to retain RFQ halibut. (ii) Sablefish. (4) Except as provided in § 679.40(d), retain IFQ or CDQ halibut or IFQ or CDQ sablefish on a vessel in excess of the total amount of unharvested IFQ or CDQ, applicable to the vessel category and IFQ or CDQ regulatory area(s) in which the vessel is deploying fixed gear, and that is currently held by all IFQ or CDQ permit holders aboard the vessel, unless the vessel has an observer aboard under subpart E of this part or the vessel participates in the EM selection pool and complies with the requirements at § 679.51(f), and maintains the applicable daily fishing log prescribed in the annual management measures published in the Federal Register (5) Possess, buy, sell, or transport IFQ or CDQ halibut or IFQ sablefish harvested or landed in violation of any provision of this part. (6) Landing. (ii) Hired master, CDQ halibut. (7) Possess on a vessel or land IFQ sablefish concurrently with non-IFQ sablefish, except that CDQ sablefish may be possessed on a vessel and landed concurrently with IFQ sablefish. (8) Discard: (i) In the GOA: (A) [Reserved] (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board unless Pacific cod are required to be discarded under subpart B of this part, or Pacific cod are not authorized to be retained under subpart A of this part. (ii) In the BSAI: (A) [Reserved] (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board according to the following table: If the vessel operator . . . Then . . . ( 1 Pacific cod must not be discarded unless Pacific cod are required to be discarded under subpart B of this part, or Pacific cod are not authorized to be retained under subpart A of this part. ( 2 Pacific cod must not be discarded up to the retainable amount specified in Table 11 of this part unless Pacific cod are required to be discarded under subpart B of this part, or Pacific cod are not authorized to be retained under subpart A of this part. (iii) In the waters within the State of Alaska: (A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on board unless rockfish are required to be discarded by the laws of the State of Alaska. (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board unless Pacific cod are required to be discarded by the laws of the State of Alaska. (9) Harvest on any vessel more IFQ halibut or IFQ sablefish than are authorized under § 679.42. (10) Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing other than directly to (or by) a registered buyer. (11) Discard halibut or sablefish caught with fixed gear from any catcher vessel when any IFQ permit holder aboard holds unused halibut or sablefish IFQ for that vessel category and the IFQ regulatory area in which the vessel is operating, unless: (i) Discard of halibut is required as prescribed in the annual management measures published in the Federal Register (ii) Discard of sablefish is required under § 679.20 or, in waters within the State of Alaska, discard of sablefish is required under laws of the State of Alaska; or (iii) Discard of halibut or sablefish is required under other provisions. (12) Commence an IFQ landing without a Prior Notice of Landing (PNOL), before the date and time stated on the PNOL, or more than 2 hours after the date and time stated on the PNOL, except as provided in § 679.5(l)(1). (13) [Reserved] (14) Violate any other provision under this part. (15) Hire a master to fish for IFQ halibut or IFQ sablefish that is derived from QS held by a CQE. (16) Process IFQ halibut or IFQ sablefish onboard a vessel on which a person is using IFQ derived from QS held by a CQE. (17) Deploy, conduct fishing with, or retrieve longline pot gear in the GOA before the start or after the end of the IFQ sablefish fishing period specified in § 679.23(g)(1). (18) Deploy, conduct fishing with, retrieve, or retain IFQ sablefish or IFQ halibut from longline pot gear in the GOA: (i) In excess of the pot limits specified in § 679.42(l)(5)(ii); or (ii) [Reserved] (19) [Reserved] (20) Deploy longline pot gear to fish IFQ sablefish in the GOA without marking the gear in accordance with § 679.24(a). (21) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to, and used by, a catcher vessel within five days of deploying the gear to fish IFQ sablefish in the Southeast Outside District of the GOA in accordance with § 679.42(l)(5)(iii)(A). (22) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to, and used by, a catcher/processor within five days of deploying the gear to fish IFQ sablefish in the Southeast Outside District of the GOA in accordance with § 679.42(l)(5)(iii)(B). (23) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to, and used by, a catcher vessel or a catcher/processor within five days of deploying the gear to fish IFQ sablefish in the West Yakutat District of the GOA, and within seven days of deploying the gear to fish IFQ sablefish in the Central GOA regulatory area, in accordance with § 679.42(l)(5)(iii)(C) and (E). (24) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to, and used by, a catcher vessel or a catcher/processor within seven days of deploying the gear to fish IFQ sablefish in the Western GOA regulatory area in accordance with § 679.42(l)(5)(iii)(D). (25) Operate a catcher vessel or a catcher/processor using longline pot gear to fish IFQ sablefish or IFQ halibut in the GOA and fail to use functioning VMS equipment as required in § 679.42(k)(2). (26) Operate a catcher vessel or a catcher/processor using pot gear to fish for IFQ or CDQ halibut or IFQ or CDQ sablefish in the BSAI and fail to use functioning VMS equipment as required in § 679.42(m). (g) North Pacific Observer Program—Observers. (2) Interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of catch before sampling. (3) Tamper with, destroy, or discard an observer's collected samples, equipment, records, photographic film, papers, or personal effects without the express consent of the observer. (4) Prohibit or bar by command, impediment, threat, coercion, or by refusal of reasonable assistance, an observer from collecting samples, conducting product recovery rate determinations, making observations, or otherwise performing the observer's duties. (5) Harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer's work performance, or otherwise creates an intimidating, hostile, or offensive environment. In determining whether conduct constitutes harassment, the totality of the circumstances, including the nature of the conduct and the context in which it occurred, will be considered. The determination of the legality of a particular action will be made from the facts on a case-by-case basis. (6) Fish for or process fish without observer coverage required under subpart E of this part. (7) Embark on a fishing trip to directed fish for groundfish or to fish for halibut with hook-and-line gear without carrying an observer if the fishing trip is selected for observer coverage per § 679.51(a)(1)(ii)(C)( 2 (8) Require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members, including, but not limited to, cooking, washing dishes, standing watch, vessel maintenance, assisting with the setting or retrieval of gear, or any duties associated with the processing of fish, from sorting the catch to the storage of the finished product. (h) [Reserved] (i) License Limitation Program Number of licenses. (ii) Hold more than five crab species licenses in the name of that person at any time, except as provided in paragraph (i)(1)(iii) of this section; or (iii) Hold more licenses than allowed in paragraphs (i)(1)(i) and (i)(1)(ii) of this section unless those licenses were issued to that person in the initial distribution of licenses. Any person who receives in the initial distribution more licenses than allowed in paragraphs (i)(1)(i) and (i)(1)(ii) of this section shall have no transfer applications for receipt of additional licenses approved until the number of licenses in the name of that person is less than the numbers specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this section; furthermore, when a person becomes eligible to receive licenses by transfer through the provisions of this paragraph, that person is subject to the provisions in paragraphs (i)(1)(i) and (i)(1)(ii) of this section; (iv) Hold more than two scallop licenses in the name of that person at any time. (v) The CQE representing the City of Sand Point may not hold more than 14 groundfish licenses. (2) Conduct directed fishing for license limitation groundfish without a legible copy of a valid groundfish license, except as provided in § 679.4(k)(2); (3) Conduct directed fishing for LLP crab species without a legible copy of a valid crab license, except as provided in § 679.4(k)(2); (4) Process license limitation groundfish on board a vessel without a legible copy of a valid groundfish license with a catcher/processor designation; (5) Process LLP crab species on board a vessel without a legible copy of a valid crab species LLP license with a catcher/processor designation; (6) Use a vessel to fish for LLP groundfish or crab species, or allow a vessel to be used to fish for LLP groundfish or crab species, that has an LOA that exceeds the MLOA specified on the license that authorizes fishing for LLP groundfish or crab species, except if the person is using the vessel to fish for LLP groundfish in the Bering Sea subarea or the Aleutian Islands subarea pursuant to an LLP license that specifies an exemption from the MLOA on the LLP license. (7) Lease a groundfish, crab species, or scallop license; or (8) Catch and retain scallops: (i) Without a copy of a valid scallop license on board; (ii) Using a vessel with a MLOA greater than that specified on the scallop license; or (iii) Using dredge gear contrary to a gear limitation specified on the scallop license. (9) Use a vessel to fish for LLP groundfish or crab species, or allow a vessel to be used to fish for LLP groundfish or crab species, other than the vessel named on the license that authorizes fishing for LLP groundfish or crab species. (10) Operate a vessel under the authority of an LLP license issued to a CQE to directed fish for Pacific cod in the GOA if the person specified for that groundfish license in the annual CQE authorization letter, or any subsequent amendment to that authorization letter, is not onboard the vessel. (11) Prohibitions specific to the BSAI Trawl Limited Access Sector yellowfin sole directed fishery. (12) Prohibitions specific to directed fishing in the BSAI non-CDQ Pacific cod trawl catcher vessel fishery as specified at § 679.20(a)(7)(ii)(A). (j) North Pacific Observer Program—Electronic Monitoring. General. (i) Fish without an EM system when a vessel is required to carry an EM system under § 679.51. (ii) Fish with an EM system without a copy of a valid NMFS-approved VMP on board when directed fishing in a fishery subject to EM coverage. (iii) Fail to comply with a NMFS-approved VMP when directed fishing in a fishery subject to EM coverage. (iv) Fail to ensure an EM system is functioning prior to departing port on a fishing trip as specified at § 679.51(f)(5)(vi)(A). (v) Fail to ensure an EM system is functional prior to departing on a fishing trip as specified at § 679.51(g)(3)(v). (vi) Depart on a fishing trip without a functional EM system, per the VMP, unless approved to do so by NMFS, after the procedures at § 679.51(f)(5)(vi)(A)( 1 (vii) Fail to follow procedures related to EM system malfunctions as described at § 679.51(f)(5)(vi)(B) or § 679.51(g) prior to deploying each set of gear on a fishing trip selected for EM coverage. (viii) Fail to make the EM system, associated equipment, logbooks, and other records available for inspection upon request by NMFS, OLE, or other NMFS-authorized officer. (ix) Fail to submit EM data as specified under § 679.51(f)(5)(vii) or § 679.51(g). (x) Tamper with, bias, disconnect, damage, destroy, alter, or in any other way distort, render useless, inoperative, ineffective, or inaccurate any component of the EM system, associated equipment, or data recorded by the EM system when the vessel is directed fishing in a fishery subject to EM coverage, unless the vessel operator is directed to make changes to the EM system by NMFS, the EM service provider, or as directed in the troubleshooting guide of the VMP. (xi) Assault, impede, intimidate, harass, sexually harass, bribe, or interfere with an EM service provider. (xii) Interfere with or bias the sampling procedure employed in the EM selection pool, including either mechanically or manually sorting or discarding catch outside of the camera view or inconsistent with the NMFS-approved VMP. (xiii) Fail to meet the vessel owner and operator responsibilities when using an EM system as specified at § 679.51(f)(5) or § 679.51(g)(5). (2) Trawl EM category Catcher vessels in the trawl EM category. (B) Use a catcher vessel in the trawl EM category to discard catch from the codend before it is brought on board the vessel unless required to maintain the safety and stability of the vessel; (C) Use a catcher vessel in the trawl EM category to deploy a nonpelagic trawl; (D) Use a catcher vessel in the trawl EM category to land catch to a tender vessel that is not in the trawl EM category or does not have a NMFS-approved VMP; (E) Use a catcher vessel in the trawl EM category to land catch to a shoreside processor or stationary floating processor that does not have a NMFS-approved CMCP; or (F) Use a catcher vessel in the trawl EM category to deploy trawl gear in an area that is closed, for any reason, to directed fishing for pollock. (ii) Shoreside processors and stationary floating processors. (B) Store any non-salmon species in a designated salmon storage container as described in a NMFS-approved Catch Monitoring Control Plan per § 679.28(g). (C) Allow any salmon species to be placed into any location other than the designated salmon storage container described in a NMFS-approved Catch Monitoring Control Plan per § 679.28(g) at a shoreside processor or stationary floating processor. (D) Begin sorting a trawl EM category offload from the Bering Sea or CDQ pollock fisheries before an observer has completed the count of all salmon and the collection of scientific data and biological samples from the previous offload. (E) Continue to sort trawl EM category catch from the Bering Sea or CDQ pollock fisheries if the salmon storage container described in a NMFS-approved Catch Monitoring Control Plan per § 679.28(g) is full. (F) Allow any PSC harvested or delivered by a vessel in the trawl EM category to be sold, purchased, bartered, or traded. (iii) Tender vessels. (B) Operate a tender vessel in the trawl EM category without an approved VMP and receive a delivery from a catcher vessel in the trawl EM category. (k) Prohibitions specific to the AFA. (1) Catcher/processors Permit requirement. (ii) Fishing in the GOA. (iii) Processing BSAI crab. (iv) Processing GOA groundfish. (B) Use a listed AFA catcher/processor or a catcher/processor designated on a listed AFA catcher/processor permit as a stationary floating processor for Pacific cod in the GOA and a catcher/processor in the GOA during the same year. (v) Directed fishing after a sideboard closure. (vi) Catch weighing Listed AFA catcher/processors and catcher/processors designated on listed AFA catcher/processor permits. (B) Unlisted AFA catcher/processors and catcher/processors designated on unlisted AFA catcher/processor permits. (vii) Observer sampling station Listed AFA catcher/processors and catcher/processors designated on listed AFA catcher/processor permits. (B) Unlisted AFA catcher/processors and catcher/processors designated on unlisted AFA catcher/processor permits. (2) Motherships Permit requirement. (ii) Processing GOA groundfish. (iii) Catch weighing. (iv) Observer sampling station. (3) AFA inshore processors Permit requirement. (ii) Cooperative processing endorsement. (iii) [Reserved] (iv) Single geographic location requirement. (A) Shoreside processors. (B) Stationary floating processor (SFP). (v) Catch weighing. (vi) Catch monitoring and control plan (CMCP). (B) Allow sorting of fish at any location in the processing plant other than those identified in the CMCP under § 678.28(g)(7). (C) Allow salmon of any species to pass beyond the last point where sorting of fish occurs, as identified in the scale drawing of the processing plant in the approved CMCP. (vii) Restrictions for GOA Pacific cod and GOA pollock. (4) Catcher vessels Permit requirement. (ii) [Reserved] (iii) Groundfish sideboard closures. (5) AFA inshore fishery cooperatives Overages by vessel. (ii) Overages by fishery cooperative. (6) Excessive harvesting shares. 6 (7) Excessive processing shares. 7 (8) Salmon PSC Discard of salmon. (ii) Catcher/processors and motherships. (iii) Shoreside processors and stationary floating processors. (iv) Catcher vessels. 2 (B) For the operator of a catcher vessel to fail to secure catch after the completion of catch handling and the collection of scientific data and biological samples as described in § 679.21(f)(15)(ii)(B)( 3 (v) Overages of Chinook salmon PSC allocations (B) For a catcher vessel or catcher/processor, to start a fishing trip for pollock in the BS in the A season or in the B season if the vessel is fishing under a transferable Chinook salmon PSC allocation issued to an inshore cooperative, the entity representing the AFA catcher/processor sector, or the entity representing the AFA mothership sector under § 679.21(f) and the inshore cooperative or entity has exceeded its Chinook salmon PSC allocation for that season. (9) Fail to submit a timely and complete AFA cost recovery fee submission form and fee as required under § 679.66. (l) Prohibitions specific to the AI directed pollock fishery Catcher/processors. (ii) Process any pollock harvested in the AI directed pollock fishery without complying with catch weighing and observer sampling station requirements set forth at paragraphs (k)(1)(vi) and (k)(1)(vii) of this section, respectively. (iii) Use a catcher/processor to harvest pollock in the AI directed pollock fishery or process pollock harvested in the AI directed pollock fishery without a valid AFA catcher/processor permit on board the vessel. (2) Motherships. (ii) Process any pollock harvested in the AI directed pollock fishery without complying with catch weighing and observer sampling station requirements set forth at paragraphs (k)(2)(iii) and (k)(2)(iv) of this section, respectively. (iii) Use a mothership to process pollock harvested in the AI directed pollock fishery without a valid AFA mothership permit on board the vessel. (3) Shoreside and stationary floating processors. (i) Use a shoreside processor or stationary floating processor to process pollock harvested in the in AI directed pollock fishery without a copy of NMFS' approval letter on location pursuant to § 679.4(m). (ii) Process any pollock harvested in the AI directed pollock fishery without complying with catch weighing requirements set forth at paragraph (k)(3)(v) of this section. (iii) Take deliveries of pollock harvested in the AI directed pollock fishery or process pollock harvested in the AI pollock fishery without following an approved CMCP as described in § 679.28(g). A copy of the CMCP must be maintained on the premises and made available to authorized officers or NMFS-authorized personnel upon request. (4) Catcher vessels. (ii) Have on board at any one time pollock harvested in the AI directed pollock fishery and pollock harvested from either the Bering Sea subarea or the Gulf of Alaska. (iii) Use a catcher vessel to deliver pollock harvested in the AI directed pollock fishery: (A) To a shoreside or stationary floating processor that does not have an approved CMCP pursuant to § 679.28(g) and is not approved by NMFS to process pollock harvested in the AI directed pollock fishery, or (B) To a catcher/processor or mothership that is not approved by NMFS to process pollock harvested in the AI directed pollock fishery. (iv) Use a catcher vessel greater than 60 ft (18.3 m) LOA to harvest pollock in the AI directed pollock fishery unless the vessel has a valid AFA catcher vessel permit on board. (5) AI directed pollock fishery overages. (ii) The Aleut Corporation is prohibited from exceeding its annual and seasonal allocations of AI pollock TAC or from exceeding the allocation to vessels, as specified in § 679.20(a)(5)(iii). (6) Fail to submit a timely and complete Aleutian Islands pollock cost recovery fee submission form and fee as required under § 679.67. (m) PCTC Program General. (ii) Use a vessel to catch or receive a PCTC Program cooperative's Pacific cod when that vessel was not listed on the Application for PCTC Program CQ. (iii) Fail to comply with any other requirement or restriction specified in this part or violate any provision of this part. (2) Vessel owners and operators participating in the PCTC Program. (ii) Operate a vessel that is subject to a sideboard limit detailed at § 679.133, as applicable, and fail to follow the catch monitoring requirements detailed at § 679.134. (iii) Exceed the ownership or use caps specified at § 679.133. (3) VMS. (ii) Operate a vessel that is subject to a sideboard limit detailed at § 679.133 and fail to use functioning VMS equipment as described at § 679.134. (4) PCTC Program processors. (ii) For the manager of a shoreside processor or stationary floating processor to process any groundfish delivered by a catcher vessel fishing under the authority of a CQ permit not weighed on a scale approved by the State of Alaska. (iii) Fail to submit a timely and complete Pacific cod Ex-vessel Volume and Value Report as required under § 679.5(u)(1). (iv) Use a catcher/processor designated on an LLP license with a BSAI Pacific cod trawl mothership endorsement to sort, process, or discard any species, except halibut sorted on deck by vessels participating in halibut deck sorting described at § 679.102, before the total catch is weighed on a scale that meets the requirements of § 679.28(b). (v) Use a catcher/processor designated on an LLP license with a BSAI Pacific cod trawl mothership endorsement to process Pacific cod in excess of the at-sea processing sideboard limit defined at § 679.133(b)(2) and assigned to the LLP license. (vi) Process an amount of Pacific cod that exceeds use caps specified at § 679.133. (5) PCTC Program cooperatives. (ii) Begin a fishing trip for PCTC Program Pacific cod with any vessel named in a PCTC Program cooperative if the total amount of unharvested PCTC Program Pacific cod on a CQ permit currently held by that cooperative is zero or less. (iii) Have a negative balance in a CQ account after the end of the calendar year for which a CQ permit was issued. (iv) Fail to submit a PCTC Program cost recovery fee payment as required under § 679.135. (n) Rockfish Program General. (ii) Use an LLP license that was excluded from the Rockfish Program or that opted out of the Rockfish Program in any rockfish cooperative for that calendar year. (iii) Operate a vessel assigned to a rockfish cooperative in any rockfish cooperative other than the rockfish cooperative to which that vessel was initially assigned for that fishing year. (2) Vessels operators participating in the Rockfish Program. (ii) Operate a vessel that is subject to a sideboard limit detailed in § 679.82(e), as applicable, and fail to follow the catch monitoring requirements detailed in § 679.84(c) from July 1 until July 31, if that vessel is harvesting fish in the West Yakutat District, Central GOA, or Western GOA management areas. (iii) Operate a catcher/processor opt-out vessel, under § 679.81(e)(2), that is subject to sideboard provisions detailed in § 679.82(e) and (f), as applicable, and fail to follow the catch monitoring requirements detailed in § 679.84(d) from July 1 until July 31, if that vessel is harvesting fish in the West Yakutat District, Central GOA, or Western GOA management areas. (3) VMS. (A) Until November 15; or (B) Until that rockfish cooperative has submitted a rockfish cooperative termination of fishing declaration that has been approved by NMFS. (ii) Operate a vessel that is subject to a sideboard limit detailed in § 679.82(e) and fail to use functioning VMS equipment as described in § 679.28(f) at all times when operating in a reporting area off Alaska from July 1 until July 31. (4) Catcher/processor vessels that opt-out. (5) Rockfish processors. (ii) Process any groundfish delivered by a catcher vessel fishing under the authority of a CQ permit not weighed on a scale approved by the State of Alaska. The scale must meet the requirements specified in § 679.28(c). (iii) Take deliveries of, or process, groundfish caught by a vessel fishing under the authority of a rockfish CQ permit without following an approved CMCP as described in § 679.28(g). A copy of the CMCP must be maintained at the facility and made available to authorized officers or NMFS-authorized personnel upon request. (iv) Take deliveries of, or process, groundfish harvested by a catcher vessel fishing under the authority of a rockfish CQ permit outside of the geographic boundaries of the City of Kodiak as those boundaries are established by the State of Alaska on December 27, 2011. (v) Fail to submit a timely and complete Rockfish Ex-vessel Volume and Value Report as required under § 679.5(r)(10) (6) Rockfish cooperatives. (ii) Harvest rockfish primary species, rockfish secondary species, or use halibut PSC assigned to a rockfish cooperative in the Central GOA without a valid CQ permit. (iii) Begin a fishing trip for any Rockfish Program species with any vessel assigned to a rockfish cooperative if the total amount of unharvested CQ that is currently held by that rockfish cooperative is zero or less for any species for which CQ is assigned. (iv) Exceed a rockfish sideboard limit assigned to a rockfish cooperative in the catcher/processor sector. (v) Operate a vessel assigned to a rockfish cooperative to fish under a CQ permit unless the rockfish cooperative has notified NMFS that the vessel is fishing under a CQ permit as described under § 679.5(r)(8). (vi) Operate a vessel fishing under the authority of a CQ permit in the catcher vessel sector and to have any Pacific ocean perch, dusky rockfish, northern rockfish, sablefish, Pacific cod, or thornyhead rockfish aboard the vessel unless those fish were harvested under the authority of a CQ permit. (vii) Catch and process onboard a vessel any rockfish primary species or rockfish secondary species harvested under the authority of a CQ permit issued to the catcher vessel sector. (viii) Have a negative balance in a CQ account for any species for which CQ is assigned after the end of the calendar year for which a CQ permit was issued. (ix) Deliver rockfish primary species and rockfish secondary species harvested under the authority of a CQ permit to any processor other than a shoreside processor located within the geographic boundaries of the City of Kodiak as those boundaries are established by the State of Alaska on December 27, 2011. (x) Fail to submit a timely and complete rockfish CQ cost recovery fee submission form as required under § 679.5(r)(9). (7) Use caps. (8) Rockfish entry level longline fishery. (ii) Deliver groundfish caught by a catcher vessel directed fishing in the rockfish entry level longline fishery to any processor other than a shoreside processor. (iii) Use any gear other than longline gear to directed fish for a rockfish primary species in the rockfish entry level longline fishery. (iv) Catch and process onboard a vessel any rockfish primary species harvested while directed fishing in the rockfish entry level longline fishery. (v) Deliver groundfish caught by a catcher vessel directed fishing in the rockfish entry level longline fishery fishing after NMFS has closed directed fishing to the rockfish entry level longline fishery or November 15 of each calendar year, whichever occurs first. (o) Amendment 80 Program Amendment 80 vessels. (ii) Use an Amendment 80 vessel to catch any amount of Amendment 80 species, crab PSC, or halibut PSC assigned to the BSAI trawl limited access sector. (2) Amendment 80 LLP license. (ii) Fail to designate an Amendment 80 vessel on an Amendment 80 LLP license that is endorsed for groundfish in the Bering Sea subarea or Aleutian Islands subarea with a catcher/processor designation at all times during a calendar year unless that Amendment 80 vessel has suffered an actual total loss, constructive total loss, or is permanently ineligible to receive a fishery endorsement under 46 U.S.C. 12108. (3) Amendment 80 QS permit. (ii) Hold an Amendment 80 QS permit that is assigned to an Amendment 80 vessel under § 679.4(o)(1) if that person is not designated as the owner of that Amendment 80 vessel by an abstract of title or USCG documentation. (iii) Hold an Amendment 80 QS permit assigned to an Amendment 80 vessel if that Amendment 80 vessel has suffered an actual total loss, constructive total loss, or is permanently ineligible to receive a fishery endorsement under 46 U.S.C. 12108 after October 15 in the calendar year following the date of that actual total loss, constructive total loss, or permanent ineligibility to receive a fishery endorsement under 46 U.S.C. 12108. (iv) Fish in an Amendment 80 fishery without an Amendment 80 QS permit or Amendment 80 LLP/QS license assigned to that vessel. (v) Use an Amendment 80 catcher/processor, as defined at § 679.2, to receive and process Pacific cod harvested by vessels directed fishing for Pacific cod in the BSAI or GOA, if that catcher/processor is not designated on: (A) An Amendment 80 QS permit and an Amendment 80 LLP license; or (B) An Amendment 80 LLP/QS license. (4) Amendment 80 cooperatives. (ii) Use an Amendment 80 vessel assigned to an Amendment 80 cooperative for a calendar year to receive or process catch from any Amendment 80 vessel not assigned to that Amendment 80 cooperative for that calendar year. (iii) Catch, process, or receive Amendment 80 species assigned to an Amendment 80 cooperative in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season without a copy of a valid Amendment 80 CQ permit onboard unless that Amendment 80 vessel is using dredge gear while directed fishing for scallops. (iv) [Reserved] (v) Begin a fishing trip for any Amendment 80 species with any vessel assigned to an Amendment 80 cooperative if the total amount of unharvested CQ that is currently held by that Amendment 80 cooperative is zero or less for any species for which CQ is assigned. (vi) Have a negative balance in a CQ account for any species for which CQ is assigned after the end of the calendar year for which a CQ permit was issued. (vii) Fail to submit a timely and complete Amendment 80 cost recovery fee submission form and fee as required under § 679.95. (5) Amendment 80 limited access fishery. (ii) Use an Amendment 80 vessel assigned to the Amendment 80 limited access fishery for a calendar year to receive or process catch from any Amendment 80 vessel not assigned to the Amendment 80 limited access fishery for that calendar year; (iii) Catch, process, or receive Amendment 80 species assigned to the Amendment 80 limited access fishery in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season without a copy of a valid Amendment 80 limited access fishery permit onboard unless that Amendment 80 vessel is using dredge gear while directed fishing for scallops. (6) Catch monitoring. (ii) Operate an Amendment 80 vessel using any gear but dredge gear while directed fishing for scallops that is subject to a sideboard limit detailed at § 679.92(b) and (c), as applicable, in the GOA or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season, and fail to follow the catch monitoring requirements detailed at § 679.93(a), (b), and (d). (7) Use caps. (8) Economic data report (EDR): (9) First Wholesale Volume and Value Report. (p) Arctic Management Area. (q) Recreational Quota Entity Program. (i) the charter vessel guide has completed a charter halibut stamp validation for each charter vessel angler before the charter vessel fishing trip began, or prior to first deployment of fishing gear on each calendar day of a charter vessel fishing trip that spans multiple days, as specified at § 679.46(a)(1); or (ii) one or more charter vessel anglers retains halibut as Guided Angler Fish, as defined at 50 CFR 300.61 of this title, on days that are otherwise closed to halibut retention by the annual management measures published pursuant to 50 CFR 300.62 of this title. (2) Be a charter halibut permit holder and fail to purchase a number of charter halibut stamps equal to or greater than the number of charter halibut stamp validations that were performed in a given fishing year by the reconciliation deadline specified in § 679.46(a)(1)(v). [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.8 Facilitation of enforcement. See § 600.730 of this chapter. § 679.9 Penalties. See § 600.735 of this chapter. Subpart B—Management Measures § 679.20 General limitations. This section applies to vessels engaged in directed fishing for groundfish in the GOA and/or the BSAI and to vessels engaged in commercial fishing for Arctic fish in the Arctic Management Area. (a) Harvest limits OY BSAI and GOA. (A) The OY for groundfish in the BSAI regulated by this section and by part 600 of this chapter is 1.4 million to 2.0 million mt. (B) The OY for groundfish in the GOA regulated by this section and by part 600 of this chapter is 116,000 to 800,000 mt. (ii) Arctic Management Area. (2) TAC. (3) Annual TAC determination. (i) Biological condition of groundfish stocks. (ii) Socioeconomic considerations. (4) Sablefish TAC Eastern GOA regulatory area Fixed gear. (B) Trawl gear. (ii) Central and Western GOA regulatory areas Fixed gear. (B) Trawl gear. (iii) Bering Sea subarea Fixed gear. (B) Trawl gear. (iv) Aleutian Islands subarea Fixed gear. (B) Trawl gear. (5) Pollock TAC Bering Sea Subarea AFA allocations. ( 1 Incidental catch allowance. Federal Register ( 2 Directed fishing allowance. ( 3 Inshore sector allocation. ( i Inshore cooperatives. ( ii Inshore open access. ( 4 Catcher/processor sector allocation. ( i Catcher/processor and catcher vessel cooperatives. ( ii Catcher vessel allocation. ( iii Unlisted AFA catcher processors. ( 5 Mothership sector allocation. ( 6 Excessive harvesting share. ( 7 Excessive processing share. (B) BSAI seasonal allowances for AFA and CDQ 1 Inshore, catcher/processor, mothership, and CDQ sectors. ( i ( ii ( 2 Inseason adjustments. Federal Register. (C) Steller sea lion conservation area (SCA) harvest limit. (ii) Bogoslof District. (iii) AI. (B) If the AI is open to directed fishing for pollock under paragraph (c) of this section, then the pollock TAC for this subarea will be specified, allocated, seasonally apportioned, and reallocated as follows: ( 1 AI annual TAC limitations. ( 2 Allocations i CDQ Directed fishing allowance. ( ii Incidental catch allowance. Federal Register. ( iii Directed Pollock Fishery. ( 3 ( i A season. ( ii B season. 3 i 2 ii ( iii Inseason adjustments for the directed pollock fishery. Federal Register ( iv Inseason adjustments for the incidental catch allowance. Federal Register ( 4 Reallocation of the annual AI directed pollock fishery and AI CDQ allocations. Federal Register. ( 5 Allocations to small vessels. ( i ( ii ( iii ( 6 Pollock harvest limitations. ( i ( ii ( iii (iv) GOA Apportionment by area. (B) GOA Western and Central Regulatory Areas seasonal apportionments. (6) GOA inshore/offshore allocations GOA pollock. (ii) Eastern GOA Regulatory Area Pacific cod. (7) Pacific cod TAC, BSAI CDQ reserve and seasonal allowances. (B) The BSAI Pacific cod CDQ gear allowances by season, as those seasons are specified under § 679.23(e)(5), are as follows: Gear Type A season B season C season ( 1 60% 20% 20% ( i 70% 10% 20% ( ii 50% 30% 20% ( 2 60% 40% no C season ( 3 40% 20% 40% ( 4 no seasonal allowance no seasonal allowance no seasonal allowance (ii) Non-CDQ allocations Sector allocations. Sector % Allocation ( 1 1.4 ( 2 2 ( 3 0.2 ( 4 48.7 ( 5 8.4 ( 6 1.5 ( 7 2.3 ( 8 13.4 ( 9 22.1 (B) Incidental catch allowance. (iii) Reallocation among non-CDQ sectors. Federal Register. (A) Catcher vessel sectors. ( 1 1 2 ( 2 ( 3 ( 4 ( 5 ( 6 (B) Trawl gear sectors. 1 6 ( 1 ( 2 ( 3 (C) Pot gear sectors. (iv) Non-CDQ seasonal allowances Seasonal allowances by sector. Sector Seasonal Allowances A season B season C season ( 1 ( i 74 % 11 % 15 % ( ii 75 % 25 % 0 % ( 2 51 % 49 % no C season ( 3 60 20 20 ( 4 no seasonal allowance no seasonal allowance no seasonal allowance (B) Unused seasonal allowances. (C) Jig sector. (D) Small vessel provision. 1 ( 2 (v) ITAC allocation to the Amendment 80 sector. 1 ii (A) Use of seasonal apportionments by Amendment 80 cooperatives. 1 ( 2 ( 3 (B) Harvest of seasonal apportionments in the Amendment 80 limited access fishery. 1 ( 2 ( 3 (vi) ITAC rollover to Amendment 80 cooperatives. Federal Register (vii) Pacific cod harvest limitations. (viii) Aleutian Islands CQ set-aside provisions. (8) BSAI Atka mackerel Jig gear. (A) The amount of Atka mackerel harvested by vessels using jig gear during recent fishing years; (B) The anticipated harvest of Atka mackerel by vessels using jig gear during the upcoming fishing year; and (C) The extent to which the jig-gear allocation will support the development of a jig-gear fishery for Atka mackerel while minimizing the amount of Atka mackerel TAC annually allocated to vessels using jig gear that remains unharvested at the end of the fishing year. (ii) ITAC allocation to Amendment 80 and BSAI trawl limited access sectors. (A) Seasonal allowances. (B) Overages and Underages. (C) Atka mackerel harvest limitations. 1 ( i ( ii ( 2 (D) Any unharvested Atka mackerel A season allowance that is added to the B season is prohibited from being harvested within waters 0 nm to 20 nm of Steller sea lion sites listed in Table 6 to this part and located in Areas 541, 542, and 543. (iii) [Reserved] (iv) Amendment 80 sector allocation. (A) Use of seasonal apportionments by Amendment 80 cooperatives. 1 ( 2 (B) Harvest of seasonal apportionments in the Amendment 80 limited access fishery. 1 ( 2 (v) BSAI trawl limited access sector allocation BSAI trawl limited access sector directed fishing allowance. (B) BSAI trawl limited access sector incidental catch allowance and ITAC rollover. Federal Register (9) BSAI shortraker rockfish and rougheye rockfish. (10) Amendment 80 species except Pacific cod and Atka mackerel ITAC allocation to the Amendment 80 and BSAI trawl limited access sectors. (ii) Amendment 80 sector ITAC. (iii) BSAI trawl limited access sector allocation BSAI trawl limited access sector directed fishing allowance. (B) BSAI trawl limited access sector ITAC rollover. Federal Register (11) All other groundfish TAC. (12) GOA Pacific cod TAC Seasonal allowances by sector. (A) Western GOA Regulatory Area Jig sector. Sector Gear type Operation type Seasonal allowances A season B season ( 1 Hook-and-Line Catcher vessel 0.70 0.70 ( 2 Hook-and-Line Catcher/Processor 10.90 8.90 ( 3 Trawl Catcher vessel 31.54 6.86 ( 4 Trawl Catcher/Processor 0.90 1.50 ( 5 Pot Catcher Vessel and Catcher/Processor 19.80 18.20 ( 6 Nontrawl Any 0.00 0.00 (B) Central GOA Regulatory Area Jig sector. Sector Gear type Operation type Length overall in feet Seasonal allowances A season B season ( 1 Hook-and-Line Catcher vessel <50 9.31552 5.28678 ( 2 Hook-and-Line Catcher vessel ≥50 5.60935 1.09726 ( 3 Hook-and-Line Catcher/Processor Any 4.10684 0.99751 ( 4 Trawl Catcher vessel Any 25.29364 16.29047 ( 5 Trawl Catcher/Processor Any 2.00334 2.19451 ( 6 Pot Catcher Vessel and Catcher/Processor Any 17.82972 9.97506 ( 7 Nontrawl Any Any 0.00 0.00 (ii) Reapportionment of TAC (B) If, during a fishing year, the Regional Administrator determines that a sector will be unable to harvest the entire amount of Pacific cod allocated to that sector under (a)(12)(i)(A) or (B) of this section, the Regional Administrator will reallocate the projected unused amount of Pacific cod to other sectors through notification in the Federal Register. (iii) Catch accounting (B) Each license holder that is assigned an LLP license with a catcher/processor operation type endorsement that is not assigned a catcher vessel operation type endorsement under the provisions at § 679.4(k)(10)(vii)(A) and (B) shall have all incidental and direct catch of Pacific cod deducted from the catcher/processor sector allocation and gear type designation corresponding to the gear used by that vessel. (C) Holders of catcher/processor licenses assigned a Western GOA CV endorsement, under the provisions at § 679.4(k)(10)(vii)(A) and (B), shall have all incidental and direct catch of Pacific cod in the Western GOA deducted from the CV sector's allocation and gear type designation corresponding to the gear used by that vessel in the Western GOA. (D) Holders of C/P licenses eligible to, and electing to receive a Central CV endorsement, under the provisions at § 679.4(k)(10)(vii)(A) and (B), shall have all incidental and direct catch of Pacific cod in the Central GOA deducted from the CV sector's allocation and gear type designation corresponding to the gear used by that vessel in the Central GOA. (E) NMFS shall determine the length overall of a vessel operating in the Central GOA based on the length overall designated on the FFP assigned to that vessel. (iv) Processing caps for FFP licensed vessels. (v) Processing caps for FPP licensed vessels operating as CQE floating processors. (A) Does not meet the definition of a stationary floating processor at § 679.2; (B) Is operating under the authority of an FPP license endorsed as a CQE floating processor; (C) Is located within the marine municipal boundaries of a CQE community in the State waters adjacent to the Central or Western GOA as described in Table 21 to this part; and (D) The total amount of Pacific cod received or processed by all CQE floating processors does not exceed— ( 1 ( 2 (b) Reserves BSAI Nonspecified reserve. (ii) CDQ reserves Pollock CDQ reserves 1 Bering Sea. ( 2 Aleutian Islands subarea and Bogoslof District. 1 (B) Fixed gear sablefish CDQ reserves. (C) CDQ reserves for Amendment 80 species. (D) CDQ reserves for other groundfish species. 1 ( 2 1 (iii) ABC reserves. (B) CDQ ABC reserves. ( 1 ( 2 (C) Amendment 80 ABC reserves. ( 1 ( 2 (2) GOA. (i) Pollock inshore-offshore reapportionment. (ii) Pacific cod reapportionment. (3) Apportionment of reserves Notification. Federal Register, (B) No apportionment, retention, or PSC limit adjustment may take effect until notification has been published in the Federal Register (ii) Apportionment General. (B) Exception. (iii) Public comment Prior comment. (B) Submittal dates. (C) Subsequent comment. (D) Response to comments. Federal Register (E) Data available. (c) Annual specifications Proposed specifications Notification. (ii) Public comment. Federal Register. (iii) GOA. (iv) BSAI. (B) The proposed harvest specifications will specify for up to two fishing years the ABC surpluses, ABC reserves, CDQ ABC reserves, CDQ ABC reserves for each CDQ group, Amendment 80 ABC reserves, and Amendment 80 ABC reserves for each Amendment 80 cooperative for flathead sole, rock sole, and yellowfin sole. (2) [Reserved] (3) Final specifications Procedure and notification. Federal Register (A) Publish a revised notice of proposed specifications in the Federal Register Federal Register (B) Publish a notice of final specifications in the Federal Register (ii) GOA. (iii) BSAI. (B) The final harvest specifications will specify for up to two fishing years the annual ABC surpluses, ABC reserves, CDQ ABC reserves, CDQ ABC reserves for each CDQ group, Amendment 80 ABC reserves, and Amendment 80 ABC reserves for each Amendment 80 cooperative for flathead sole, rock sole, and yellowfin sole. (4) AFA and inshore/offshore allocations BSAI pollock. (ii) GOA pollock. (iii) Eastern GOA Pacific cod. (5) BSAI Pacific cod gear allocations. (6) BSAI Atka mackerel allocations. (7) Western and Central GOA Pacific cod allocations. (d) Fishery closures Directed fishing allowance General. (ii) Specified fishery amounts Inseason adjustments. (B) Incidental catch. (iii) Directed fishing closure Notification. Federal Register (B) Retention of incidental species. (iv) AFA sideboard limitations (B) In establishing a directed fishing allowance under paragraph (d)(1)(iv)(A) of this section, the Regional Administrator will consider the amount of the sideboard limit established for a group of AFA vessels under § 679.64 that will be taken as incidental catch by those vessels in directed fishing for other species. (C) If the Regional Administrator determines that a sideboard amount is insufficient to support a directed fishery for that species then the Regional Administrator may set the sideboard directed fishing allowance at zero for that species or species group. (D) Species or species groups for which directed fishing for sideboard limits by AFA vessels is prohibited are listed in Tables 54, 55, and 56 to this part. (v) Amendment 80 GOA sideboard limits—GOA groundfish. (B) If the Regional Administrator determines that a GOA groundfish sideboard limit as described under Table 37 to this part is insufficient to support a directed fishing allowance by Amendment 80 vessels for that species, then the Regional Administrator may set the directed fishing allowance to zero for that species for Amendment 80 vessels. (C) Upon determining that a GOA sideboard limit as described under Table 37 to this part for a species is or will be reached, the Regional Administrator will publish notification in the Federal Register (vi) Amendment 80 GOA sideboard limits—halibut PSC. (B) If the Regional Administrator determines that a halibut PSC sideboard limit is insufficient to support a directed fishery for a species or species group, management area, and season as specified in Table 38 to this part then the Regional Administrator may set the halibut PSC sideboard limit for that species or species group to zero for the Amendment 80 vessels to which the halibut PSC limit applies. (C) Upon determining that a halibut PSC sideboard limit for a species or species group, management area, and season as specified in Table 38 to this part is or will be reached, the Regional Administrator will publish notification in the Federal Register ( 1 ( 2 (2) Groundfish as prohibited species closure. Federal Register (i) Rockfish species caught by catcher vessels using hook-and-line, pot, or jig gear as described in paragraph (j) of this section; and (ii) Catcher vessels in the trawl EM category. (3) Overfishing closure Notification. Federal Register (ii) Limitations and prohibitions. (iii) Factors to be considered. (A) The risk of biological harm to a groundfish species or species group for which the TAC or PSC limit is or will be reached. (B) The risk of socioeconomic harm to authorized users of the groundfish for which the TAC or PSC limit will be or has been reached. (C) The impact that the continued closure might have on the socioeconomic well-being of other domestic fisheries. (4) Harvest control for pollock, Atka mackerel, and Pacific cod. Federal Register. (e) Maximum retainable amounts (MRA) Proportion of basis species. (i) The retainable percentages in Table 10 to this part for the GOA species categories (except the Rockfish Program fisheries, which are described in Table 30 to this part for the Rockfish Program fisheries); and (ii) Table 11 to this part for the BSAI species categories. (2) Calculation. (ii) To obtain these individual retainable amounts, multiply the appropriate retainable percentage for the incidental catch species/basis species combination, set forth in Table 10 to this part for the GOA species categories (except the Rockfish Program fisheries, which are described in Table 30 to this part for the Rockfish Program fisheries), and Table 11 to this part for the BSAI species categories, by the amount of that basis species, in round-weight equivalents. (iii) The maximum retainable amount for that specific incidental catch species is the sum of the individual retainable amount. (3) Application. (ii) For catcher/processors fishing in an area closed to directed fishing for a species or species group, the maximum retainable amount for that species or species group applies at any time for the duration of the fishing trip. (iii) For all vessels not listed in subpart F of this section, the maximum retainable amount for pollock harvested in the BSAI is calculated at the end of each offload and is based on the basis species harvested since the previous offload. For purposes of this paragraph, offload means the removal of any fish or fish product from the vessel that harvested the fish or fish product to any other vessel or to shore. (iv) The maximum retainable amount for groundfish harvested in the Central GOA by a catcher/processor vessel fishing under a rockfish CQ permit is calculated at the end of each weekly reporting period, and is based on the basis species defined in Table 30 harvested since the previous weekly reporting period, or for any portion of a weekly reporting period that vessel was designated under a vessel check-in as specified in § 679.5(r)(8). (v) For all vessels not listed in subpart F of this section, the maximum retainable amount for Atka mackerel harvested in the Bering Sea subarea is calculated at the end of each offload and is based on the basis species harvested since the previous offload. For purposes of this paragraph, offload means the removal of any fish or fish product from the vessel that harvested the fish or fish product to any other vessel or to shore. (vi) For a catcher/processor with a BSAI Pacific cod trawl mothership endorsement that receives an unsorted codend delivered by a catcher vessel authorized to harvest and that is assigned to PCTC Program Pacific cod, the maximum retainable amount for each species or species group applies at any time for the duration of the fishing trip and must be applied to only the PCTC Program hauls during a fishing trip. (vii) For vessels using longline pot gear pursuant to § 679.24(b), catch may be retained up to the maximum retainable amount unless retention is prohibited or required by other applicable laws. (f) Directed fishing calculations and determinations Round-weight equivalents. (2) Retainable amounts. (g) Allowable retention of pollock roe Percentage of pollock roe. (A) 7 percent in the Gulf of Alaska, and (B) 9 percent in the Bering Sea and Aleutian Islands. (ii) Determinations of allowable retention of pollock roe will be based on amounts of pollock harvested, received, or processed during a single fishing trip. (iii) Pollock or pollock products from previous fishing trips that are retained on board a vessel may not be used to determine the allowable retention of pollock roe for that vessel. (2) Primary product. (ii) A primary pollock product that contains roe (such as headed and gutted pollock with roe) may not be used to calculate the round-weight equivalent of pollock. (iii) The primary pollock product must be distinguished from ancillary pollock products in eLandings required under § 679.5(e)(9)(i)(D) and § 679.5(e)(10)(iii)(H) (see also Table 1c to this part). (3) Pollock product recovery rates (PRRs). (4) Calculation of retainable pollock roe Round-weight equivalent. (B) To determine the maximum amount of pollock roe that can be retained on board a vessel during the same fishing trip, multiply the round-weight equivalent by 0.07 in the Gulf of Alaska or 0.09 in the Bering Sea and Aleutian Islands. (C) Pollock roe retained on board from previous fishing trips will not be counted. (ii) Two or more products from different fish. (B) To determine the maximum amount of pollock roe that can be retained on board a vessel during a fishing trip, add the round-weight equivalents together; then, multiply the sum by 0.07 in the Gulf of Alaska or 0.09 in the Bering Sea and Aleutian Islands. (iii) Two or more products from same fish. (5) Primary pollock product Process prior to transfer. (ii) No discard of processed product. (h) Standard product types and standard PRRs Calculating round-weight equivalents from standard PRRs. (2) Adjustments. (i) Adjustments to any standard PRR listed in Table 3 to this part that are within and including 15 percent of that standard PRR may be made without providing notification and opportunity for prior public comment. (ii) Adjustments of any standard PRR during a calendar year, when aggregated with all other adjustments made during that year, will not exceed 15 percent of the standard PRR listed in Table 3 to this part at the beginning of that calendar year. (iii) No new product type will be announced until NMFS publishes the proposed adjustment and/or new product type in the Federal Register (iv) Any adjustment of a PRR that acts to further restrict the fishery will not be effective until 30 days after the date of publication in the Federal Register. (v) If NMFS makes any adjustment or announcement without providing a prior notification and opportunity for prior public comment, the Regional Administrator will receive public comments on the adjustment or announcement for a period of 15 days from the date of publication in the Federal Register. (i) Forage fish, grenadiers, squids, and sculpins Definition. (2) Applicability. (3) Closure to directed fishing. (4) Limits on sale, barter, trade, and processing of forage fish and grenadiers. (5) Allowable fishmeal production of forage fish and grenadiers. (6) Allowable fish products for squids and sculpins. (j) Full retention of rockfish by catcher vessels using hook-and-line, pot, or jig gear Retention and landing requirements. (2) Maximum commerce allowance (MCA) for rockfish in the BSAI and GOA. (i) A person may sell, barter, or trade a round weight equivalent amount of rockfish that is less than or equal to 15 percent of the aggregate round weight equivalent of IFQ halibut and groundfish species, other than rockfish, that are landed during the same fishing trip. (ii) A person may sell, barter, or trade a round weight equivalent amount of yelloweye rockfish that is less than or equal to 5 percent of the aggregate round weight equivalent of IFQ halibut and groundfish species, other than rockfish, that are landed during the same fishing trip. The aggregate amount of all rockfish species sold, bartered, or traded cannot exceed the MCA established under paragraph (j)(2)(i) of this section. (iii) Amounts of rockfish retained by catcher vessels under paragraphs (j)(2)(i) and (ii) of this section that are in excess of the limits specified in paragraphs (j)(2)(i) and (ii) of this section may be put to any use, including but not limited to personal consumption or donation, but must not enter commerce through sale, barter, or trade except as fish meal. (3) MCA of DSR in Southeast Outside District of the GOA (SEO) when closed to directed fishing. (i) A person may sell, barter, or trade a round weight equivalent amount of DSR that is less than or equal to 10 percent of the aggregate round weight equivalent of IFQ halibut and groundfish species, other than sablefish, that are landed during the same fishing trip. The aggregate amount of all rockfish species sold, bartered, or traded cannot exceed the MCA established under paragraph (j)(2)(i) of this section. (ii) A person may sell, barter, or trade a round weight equivalent amount of DSR that is less than or equal to 1 percent of the aggregate round weight equivalent of IFQ sablefish that are landed during the same fishing trip. The aggregate amount of all rockfish species sold, bartered, or traded cannot exceed the MCA established under paragraph (j)(2)(i) of this section. (iii) Amounts of DSR retained by catcher vessels under paragraph (j)(1) of this section that are in excess of the limits specified in paragraphs (j)(3)(i) and (ii) of this section may be put to any use, including but not limited to personal consumption or donation, but must not enter commerce through sale, barter, or trade except as fish meal. (4) MCA for rockfish when on prohibited species status. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.21 Prohibited species bycatch management. (a) General. (2) Prohibited species catch restrictions. (i) Minimize its catch of prohibited species. (ii) After allowing for sampling by an observer, if an observer is aboard, sort its catch immediately after retrieval of the gear and, except for salmon prohibited species catch in the BS pollock fisheries and GOA groundfish fisheries under paragraph (f) or (h) of this section, or any prohibited species catch as provided (in permits issued) under the PSD program at § 679.26, return all prohibited species, or parts thereof, to the sea immediately, with a minimum of injury, regardless of its condition. (A) Vessels in the trawl EM category must retain all prohibited species catch for sampling by an observer. (B) [Reserved] (3) Rebuttable presumption. (4) Prohibited species taken seaward of the EEZ off Alaska. (5) Sablefish as a prohibited species. (6) Addresses. http://alaskafisheries.noaa.gov/ (b) BSAI halibut PSC limits Establishment of BSAI halibut PSC limits. (i) Amendment 80 sector. 2 3 (A) General. (B) Annual procedure. (C) Allocation of BSAI halibut PSC to Amendment 80 cooperatives and the Amendment 80 limited access fishery. 2 3 (ii) BSAI trawl limited access sector General. 1 ( 2 1 1 6 ( 3 1 ( 4 1 (B) Trawl fishery categories. 1 ( 1 Midwater pollock fishery. ( 2 Flatfish fishery. ( i Yellowfin sole fishery. 2 ( ii Rock sole/flathead sole/Alaska plaice/“other flatfish” fishery. 2 2 i ( 3 Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish fishery. ( 4 Rockfish fishery. ( 5 Pacific cod fishery. ( 6 Pollock/Atka mackerel/“other species.” 1 (C) Halibut PSC in midwater pollock fishery. 1 6 (iii) BSAI Non-trawl Sector General. 1 ( 2 1 ( 3 ( 4 1 (B) Non-trawl fishery categories. ( 1 Pacific cod hook-and-line catcher vessel fishery. ( 2 Pacific cod hook-and-line catcher/processor fishery. ( 3 Sablefish hook-and-line fishery. ( 4 Groundfish jig gear fishery. ( 5 Groundfish pot gear fishery. ( 6 Other non-trawl fisheries. 1 5 (iv) CDQ Program. (2) Seasonal apportionments of BSAI halibut PSC allowances General. (ii) Factors to be considered. (A) Seasonal distribution of prohibited species; (B) Seasonal distribution of target groundfish species relative to prohibited species distribution; (C) Expected PSC needs on a seasonal basis relevant to change in prohibited species biomass and expected catches of target groundfish species; (D) Expected variations in PSC rates throughout the fishing year; (E) Expected changes in directed groundfish fishing seasons; (F) Expected start of fishing effort; or (G) Economic effects of establishing seasonal prohibited species apportionments on segments of the target groundfish industry. (iii) Seasonal trawl fishery PSC allowances Unused seasonal apportionments. (B) Seasonal apportionment exceeded. (iv) Seasonal non-trawl fishery PSC allowances Unused seasonal apportionments. (B) Seasonal apportionment exceeded. (3) Notification of allowances General. Federal Register , (ii) Public comment. Federal Register . (4) Management of BSAI halibut PSC allowances Trawl sector Amendment 80 limited access fishery and BSAI trawl limited access sector: closures Exception. 6 (B) Closures. 2 6 Federal Register (ii) BSAI non-trawl sector: closures. Federal Register (iii) AFA PSC sideboard limits. (c) [Reserved] (d) GOA halibut PSC limits. (1) Notification and public comment Proposed and final apportionments. Federal Register (ii) Modification of apportionments. Federal Register, (iii) Public comment. Federal Register. Federal Register (2) Hook-and-line gear and pot gear annual halibut PSC limit. (A) Demersal shelf rockfish, Southeast Outside (SEO) District. (B) Other hook-and-line fishery. (ii) Hook-and-line fishery categories. (A) Demersal shelf rockfish, SEO District. (B) Other hook-and-line fishery. (iii) Apportionment of the GOA halibut PSC limit among other hook-and-line catcher vessels and catcher/processors. (A) Catcher vessels using hook-and-line gear in the other hook-and-line fishery will be apportioned part of the GOA halibut PSC limit in proportion to the total Western and Central GOA Pacific cod allocations, where X is equal to annnual TAC, as follows: (B) Catcher/processors using hook-and-line gear in the other hook-and-line fishery will be apportioned part of the GOA halibut PSC limit in proportion to the total Western and Central GOA Pacific cod allocations, where X is equal to annual TAC, as follows: (C) No later than November 1, any halibut PSC limit allocated under paragraph (d)(2)(ii)(B) of this section not projected by the Regional Administrator to be used by one of the hook-and-line sectors during the remainder of the fishing year will be made available to the other sector. (iv) Other hook-and-line fishery annual PSC limit reductions. Vessel category Annual PSC limit percent reduction from the annual halibut PSC limit established under paragraph (d)(2)(iii) of this section. Effective years (A) Catcher vessel 7 2014. (B) Catcher/processor 7 2014 and each year thereafter. (3) Trawl gear annual halibut PSC limit. Percent reduction from 1,973 mt Annual trawl gear PSC limit (mt) 1 Effective years 7 1,848 2014. 12 1,759 2015. 15 1,705 2016 and each year thereafter. 1 (ii) PSC allowance. (iii) Trawl fishery categories. (A) Shallow-water species fishery. (B) Deep-water species fishery. (4) Seasonal apportionments General. (ii) Factors to be considered. (A) Seasonal distribution of halibut. (B) Seasonal distribution of target groundfish species relative to halibut distribution. (C) Expected halibut bycatch needs, on a seasonal basis, relative to changes in halibut biomass and expected catches of target groundfish species. (D) Expected variations in bycatch rates throughout the fishing year. (E) Expected changes in directed groundfish fishing seasons. (F) Expected start of fishing effort. (G) Economic effects of establishing seasonal halibut allocations on segments of the target groundfish industry. (iii) Unused seasonal apportionments. (B) An amount not greater than 55 percent of the halibut PSC that had been allocated as CQ and that has not been used by a rockfish cooperative will be added to the last seasonal apportionment for trawl gear during the current fishing year: ( 1 ( 2 (C) The amount of unused halibut PSC not reapportioned under the provisions described in § 679.21(d)(4)(iii)(B) will not be available for use as halibut PSC by any person for the remainder of that calendar year. (D) Combined management of trawl halibut PSC limits from May 15 through June 30. Federal Register (iv) Seasonal apportionment exceeded. (5) Apportionment among regulatory areas and districts. (6) Halibut PSC closures Trawl gear fisheries. Federal Register (ii) Hook-and-line fisheries. Federal Register (iii) Pot gear fisheries. Federal Register (iv) Nonpelagic trawl gear fisheries Continued fishing under specified conditions. Federal Register, (B) Factors to be considered. ( 1 ( 2 ( 3 ( 4 ( 5 (7) AFA halibut bycatch limitations. (e) BSAI PSC limits for crab and herring Trawl gear Red king crab in Zone 1. When the number of mature female red king crab is ... The zone 1 PSC limit will be ... (A) At or below the threshold of 8.4 million mature crab or the effective spawning biomass is less than or equal to 14.5 million lb (6,577 mt) 32,000 red king crab. (B) Above the threshold of 8.4 million mature crab and the effective spawning biomass is greater than 14.5 but less than 55 million lb (24,948 mt) 97,000 red king crab. (C) Above the threshold of 8.4 million mature crab and the effective spawning biomass is equal to or greater than 55 million lb 197,000 red king crab. (ii) Tanner crab (C. bairdi). C. bairdi C. bairdi (A) The following table refers to the PSC limits for C. bairdi that you must follow in Zone 1: When the total abundance of C. bairdi The PSC limit will be ... ( 1 0.5 percent of the total abundance minus 20,000 animals ( 2 730,000 animals ( 3 830,000 animals ( 4 980,000 animals (B) This table refers to the PSC limits for C. bairdi When the total abundance of C. bairdi crabs is ... The PSC limit will be ... ( 1 1.2 percent of the total abundance minus 30,000 animals ( 2 2,070,000 animals ( 3 2,520,000 animals ( 4 2,970,000 animals (iii) C. opilio. C. opilio C. opilio (A) PSC Limit. C. opilio (B) Minimum PSC Limit. (C) Maximum PSC Limit. (iv) [Reserved] (v) Pacific herring. Federal Register (2) [Reserved] (3) PSC apportionment to trawl fisheries General PSQ reserve. ( 1 Crab PSQ. ( 2 (B) Fishery categories. (ii) Red king crab, C. bairdi, and C. opilio General. C. bairdi, C. opilio (B) Red King Crab Savings Subarea 1 ( 2 1 (C) Incidental catch in midwater pollock fishery. C. bairdi, C. opilio (iii) Pacific herring. (iv) Trawl fishery categories. (A) Midwater pollock fishery. (B) Flatfish fishery. ( 1 Yellowfin sole fishery. ( 2 Rock sole/flathead sole/Alaska plaice/“other flatfish” fishery. 1 (C) Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish fishery. (D) Rockfish fishery. (E) Pacific cod fishery. (F) Pollock/Atka mackerel/“other species.” (v) AFA prohibited species catch limitations. (vi) Amendment 80 sector bycatch limitations. (B) Crab PSC assigned to the Amendment 80 limited access fishery will be managed through directed fishing closures for Amendment 80 vessels to which the crab bycatch limits apply. (4) [Reserved] (5) Seasonal apportionments of bycatch allowances General. (ii) Factors to be considered. (A) Seasonal distribution of prohibited species; (B) Seasonal distribution of target groundfish species relative to prohibited species distribution; (C) Expected prohibited species bycatch needs on a seasonal basis relevant to change in prohibited species biomass and expected catches of target groundfish species; (D) Expected variations in bycatch rates throughout the fishing year; (E) Expected changes in directed groundfish fishing seasons; (F) Expected start of fishing effort; or (G) Economic effects of establishing seasonal prohibited species apportionments on segments of the target groundfish industry. (iii) Seasonal trawl fishery bycatch allowances Unused seasonal apportionments. (B) Seasonal apportionment exceeded. (6) Notification General. Federal Register, C. bairdi C. opilio (ii) Public comment. C. bairdi C. opilio Federal Register . (7) Trawl PSC closures Exception. (ii) Red king crab or C. bairdi Tanner crab, Zone 1, closure General. C. bairdi Federal Register (B) RKCSS. Federal Register (iii) C. bairdi Tanner crab, Zone 2, closure. C. bairdi Federal Register (iv) COBLZ. C. opilio Federal Register (v) This paragraph (e)(7) does not apply to apportionments to the PCTC Program as described at § 679.130. (vi) Pacific herring Closure. Federal Register (B) Exceptions 1 Midwater pollock. ( 2 Pollock/Atka mackerel/ “other species”. (f) Salmon Bycatch Management in the BS Pollock Fishery Applicability. (2) Chinook salmon prohibited species catch (PSC) limit. (i) An AFA sector will receive a portion of the 47,591 Chinook salmon PSC limit, or, in a low Chinook salmon abundance year, the 33,318 Chinook salmon PSC limit, if — (A) No Chinook salmon bycatch incentive plan agreement (IPA) is approved by NMFS under paragraph (f)(12) of this section; or (B) That AFA sector has exceeded its performance standard under paragraph (f)(6) of this section. (ii) An AFA sector will receive a portion of the 60,000 Chinook salmon PSC limit, or, in a low Chinook salmon abundance year, the 45,000 Chinook salmon PSC limit, if— (A) At least one IPA is approved by NMFS under paragraph (f)(12) of this section; and (B) That AFA sector has not exceeded its performance standard under paragraph (f)(6) of this section. (3) Allocations of the Chinook salmon PSC limits Seasonal apportionment. (ii) AFA sectors. AFA Sector: Eligible participants are: (A) Catcher/processor AFA catcher/processors and AFA catcher vessels delivering to AFA catcher/processors, all of which are permitted under § 679.4(l)(2) and (l)(3)(i)(A), respectively. (B) Mothership AFA catcher vessels harvesting pollock for processing by AFA motherships, all of which are permitted under § 679.4(l)(3)(i)(B) and (l)(4), respectively. (C) Inshore AFA catcher vessels harvesting pollock for processing by AFA inshore processors, all of which are permitted under § 679.4(l)(3)(i)(C). (D) CDQ Program The six CDQ groups authorized under section 305(i)(1)(D) of the Magnuson-Stevens Act to participate in the CDQ Program. (iii) Allocations to each AFA sector. (A) If a sector is managed under the 60,000 Chinook salmon PSC limit, the maximum amount of Chinook salmon PSC allocated to each sector in each season and annually is— AFA sector A season B season Annual total % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook ( 1 32.9 13,818 17.9 3,222 28.4 17,040 ( 2 8.0 3,360 7.3 1,314 7.8 4,674 ( 3 49.8 20,916 69.3 12,474 55.6 33,390 ( 4 9.3 3,906 5.5 990 8.2 4,896 (B) If the sector is managed under the 45,000 Chinook salmon PSC limit, the sector will be allocated the following amount of Chinook salmon PSC in each season and annually: AFA sector A season B season Annual total % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook ( 1 32.9 10,363 17.9 2,415 28.4 12,780 ( 2 8.0 2,520 7.3 987 7.8 3,510 ( 3 49.8 15,687 69.3 9,355 55.6 25,020 ( 4 9.3 2,930 5.5 743 8.2 3,690 (C) If the sector is managed under the 47,591 Chinook salmon PSC limit, the sector will be allocated the following amount of Chinook salmon PSC in each season and annually: AFA sector A season B season Annual total % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook ( 1 32.9 10,906 17.9 2,556 28.4 13,516 ( 2 8.0 2,665 7.3 1,042 7.8 3,707 ( 3 49.8 16,591 69.3 9,894 55.6 26,485 ( 4 9.3 3,098 5.5 785 8.2 3,883 (D) If the sector is managed under the 33,318 Chinook salmon PSC limit, the sector will be allocated the following amount of Chinook salmon PSC in each season and annually: AFA sector A season B season Annual total % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook ( 1 32.9 7,673 17.9 1,789 28.4 9,462 ( 2 8.0 1,866 7.3 730 7.8 2,599 ( 3 49.8 11,615 69.3 6,926 55.6 18,525 ( 4 9.3 2,169 5.5 550 8.2 2,732 (iv) Allocations to the AFA catcher/processor and mothership sectors. (B) If no entity is approved by NMFS to represent the AFA catcher/processor sector or the AFA mothership sector, then NMFS will manage that sector under a non-transferable Chinook salmon PSC allocation under paragraph (f)(10) of this section. (v) Allocations to inshore cooperatives and the AFA inshore open access fishery. (vi) Allocations to the CDQ Program. (vii) Accrual of Chinook salmon bycatch to specific PSC allocations. If a Chinook salmon PSC allocation is: Then all Chinook salmon bycatch: (A) A transferable allocation to a sector-level entity, inshore cooperative, or CDQ group under paragraph (f)(8) of this section By any vessel fishing under a transferable allocation will accrue against the allocation to the entity representing that vessel. (B) A non-transferable allocation to a sector or the inshore open access fishery under paragraph (f)(10) of this section By any vessel fishing under a non-transferable allocation will accrue against the allocation established for the sector or inshore open access fishery, whichever is applicable. (C) The opt-out allocation under paragraph (f)(5) of this section By any vessel fishing under the opt-out allocation will accrue against the opt-out allocation. (viii) Public release of Chinook salmon PSC information. http://alaskafisheries.noaa.gov/ (A) The Chinook salmon PSC allocations for each entity receiving a transferable allocation; (B) The non-transferable Chinook salmon PSC allocations; (C) The vessels fishing under each transferable or non-transferable allocation; (D) The amount of Chinook salmon bycatch that accrues towards each transferable or non-transferable allocation; (E) Any changes to these allocations due to transfers under paragraph (f)(9) of this section, rollovers under paragraph (f)(11) of this section, and deductions from the B season non-transferable allocations under paragraphs (f)(5)(v) or (f)(10)(iii) of this section; and (F) Tables for each sector that provide the percent of the sector's pollock allocation, numbers of Chinook salmon associated with each vessel in the sector used to calculate the opt-out allocation and annual threshold amounts, and the percent of the pollock allocation associated with each vessel that NMFS will use to calculate IPA minimum participation assigned to each vessel. (4) Reduction in allocations of the Chinook salmon PSC limit Reduction in sector allocations. (ii) Adjustments to the inshore sector and inshore cooperative allocations. (B) If all members of an inshore cooperative do not participate in an approved IPA, the amount of Chinook salmon that remains in the inshore sector's allocation, after subtracting the amount of Chinook salmon associated with the non-participating inshore cooperative, will be reallocated among the inshore cooperatives participating in an approved IPA based on the proportion each participating cooperative represents of the Chinook salmon PSC initially allocated among the participating inshore cooperatives that year. (iii) Adjustment to CDQ group allocations. (iv) All members of a sector do not participate in an approved IPA. (5) Chinook salmon PSC opt-out allocation. (i) What is the amount of Chinook salmon PSC that will be allocated to the opt-out allocation in the A season and the B season? The opt-out allocation will equal the sum of the Chinook salmon PSC deducted under paragraph (f)(4)(i) of this section from the seasonal allocations of each sector with members not participating in an approved IPA. (ii) Which participants will be managed under the opt-out allocation? Any AFA-permitted vessel or any CDQ group that is a member of a sector eligible under paragraph (f)(2)(ii) of this section to receive allocations of the 60,000 PSC limit or the 45,000 PSC limit, but that is not participating in an approved IPA. (iii) What Chinook salmon bycatch will accrue against the opt-out allocation? All Chinook salmon bycatch by participants under paragraph (f)(5)(ii) of this section. (iv) How will the opt-out allocation be managed? All participants under paragraph (f)(5)(ii) of this section will be managed as a group under the seasonal opt-out allocations. If the Regional Administrator determines that the seasonal opt-out allocation will be reached, NMFS will publish a notice in the Federal Register (v) What will happen if Chinook salmon bycatch by vessels fishing under the opt-out allocation exceeds the amount allocated to the A season opt-out allocation? NMFS will deduct from the B season opt-out allocation any Chinook salmon bycatch in the A season that exceeds the A season opt-out allocation. (vi) What will happen if Chinook salmon bycatch by vessels fishing under the opt-out allocation is less than the amount allocated to the A season opt-out allocation? If Chinook salmon bycatch by vessels fishing under the opt-out allocation in the A season is less than the amount allocated to the opt-out allocation in the A season, this amount of Chinook salmon will not be added to the B season opt-out allocation. (vii) Is Chinook salmon PSC allocated to the opt-out allocation transferable? No. Chinook salmon PSC allocated to the opt-out allocation is not transferable. (6) Chinook salmon bycatch performance standard. (i) Annual threshold amount. http://alaskafisheries.noaa.gov/ (ii) Calculation of the annual threshold amount. (iii) Exceeding the performance standard. Federal Register (7) Replacement vessels. (8) Entities eligible to receive transferable Chinook salmon PSC allocations. (A) Inshore cooperatives. (B) CDQ groups. (C) Entity representing the AFA catcher/processor sector. (D) Entity representing the AFA mothership sector. (ii) Request for approval as an entity eligible to receive transferable Chinook salmon PSC allocations. (A) Application form. http://alaskafisheries.noaa.gov/ (B) Contract. ( 1 ( 2 ( 3 (C) Contract duration. (D) Deadline. (E) Approval. (F) Amendments to the sector entity. 1 ( 2 (iii) Entity representative. ( 1 ( 2 ( 3 ( 4 (B) Any vessel owner that is a member of an inshore cooperative, or a member of the entity that represents the catcher/processor sector or the mothership sector, may authorize the entity representative to sign a proposed IPA submitted to NMFS, under paragraph (f)(12) of this section, on his or her behalf. This authorization must be included in the contract submitted to NMFS, under paragraph (f)(8)(ii)(B) of this section, for the sector-level entities and in the contract submitted annually to NMFS by inshore cooperatives under § 679.61(d). (iv) Agent for service of process. (A) Be authorized to receive and respond to any legal process issued in the United States with respect to all owners and operators of vessels that are members of an entity receiving a transferable allocation of Chinook salmon PSC or with respect to a CDQ group. Service on or notice to the entity's appointed agent constitutes service on or notice to all members of the entity. (B) Be capable of accepting service on behalf of the entity until December 31 of the year five years after the calendar year for which the entity notified the Regional Administrator of the identity of the agent. (v) Absent a catcher/processor sector or mothership sector entity. (9) Transfers of Chinook salmon PSC. (A) Entities receiving transferable allocations under the 60,000 PSC limit may only transfer to and from other entities receiving allocations under the 60,000 PSC limit. (B) Entities receiving transferable allocations under the 45,000 PSC limit may only transfer to and from other entities receiving allocations under the 45,000 PSC limit. (C) Entities receiving transferable allocations under the 47,591 PSC limit may only transfer to and from other entities receiving allocations under the 47,591 PSC limit. (D) Entities receiving transferable allocations under the 33,318 PSC limit may only transfer to and from other entities receiving allocations under the 33,318 PSC limit. (E) Chinook salmon PSC allocations may not be transferred between seasons. (ii) Post-delivery transfers. 2 (iii) Application for transfer of Chinook salmon PSC allocation Completed application. http://alaskafisheries.noaa.gov/ (B) Certification of transferor 1 Non-electronic submittal. ( 2 Electronic submittal. (C) Certification of transferee 1 Non-electronic submittal. ( 2 Electronic submittal. (D) Deadline. (10) Non-transferable Chinook salmon PSC allocations. (ii) All vessels fishing under a non-transferable Chinook salmon PSC allocation, including vessels fishing on behalf of a CDQ group, will be managed together by NMFS under that non-transferable allocation. If, during the fishing year, the Regional Administrator determines that a seasonal non-transferable Chinook salmon PSC allocation will be reached, NMFS will publish a notice in the Federal Register (iii) For each non-transferable Chinook salmon PSC allocation, NMFS will deduct from the B season allocation any amount of Chinook salmon bycatch in the A season that exceeds the amount available under the A season allocation. (11) Rollover of unused A season allocation Rollovers of transferable allocations. (ii) Rollover of non-transferable allocations. (12) Salmon bycatch incentive plan agreements (IPAs) Minimum participation requirements. (A) Minimum percent pollock. (B) Minimum number of unaffiliated AFA entities. (ii) Membership in an IPA. (B) For a vessel owner in the catcher/processor sector or mothership sector to join an IPA, that vessel owner must be a member of the entity representing that sector under paragraph (f)(8). (C) For a CDQ group to be a member of an IPA, the CDQ group must sign the IPA and list in that IPA each vessel harvesting BS pollock CDQ, on behalf of that CDQ group, that will participate in that IPA. (D) Once a member of an IPA, a vessel owner or CDQ group cannot withdraw from the IPA during a fishing year. (iii) Request for approval of a proposed IPA. (A) Affidavit. (B) Name of the IPA. (C) Representative. (D) Third party group. (E) Description of the incentive plan. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 ( 10 ( 11 ( 12 ( 13 (F) Compliance agreement. (G) Signatures. (iv) Deadline and duration Deadline for proposed IPA. (B) Duration. (v) NMFS review of a proposed IPA Approval. ( 1 ( 2 ( 3 (B) IPA identification number. (C) Amendments to an IPA. (D) Disapproval. 1 ( i ( ii ( 2 Initial Administrative Determination (IAD). ( 3 Administrative Appeals. ( 4 Pending appeal. (vi) Public release of an IPA. ( http://alaskafisheries.noaa.gov/ (13) IPA Annual Report. (i) Submission deadline. (ii) Information requirements. (A) A comprehensive description of the incentive measures, including the rolling hot spot program and salmon excluder use, in effect in the previous year; (B) A description of how these incentive measures affected individual vessels; (C) An evaluation of whether incentive measures were effective in achieving salmon savings beyond levels that would have been achieved in absence of the measures, including the effectiveness of— ( 1 ( 2 ( 3 (D) A description of any amendments to the terms of the IPA that were approved by NMFS since the last annual report and the reasons that the amendments to the IPA were made. (E) The sub-allocation to each participating vessel of the number of Chinook salmon PSC and amount of pollock (mt) at the start of each fishing season, and number of Chinook salmon PSC and amount of pollock (mt) caught at the end of each season. (F) The following information on in-season transfer of Chinook salmon PSC and pollock among AFA cooperatives, entities eligible to receive Chinook salmon PSC allocations, or CDQ groups: ( 1 ( 2 ( 3 ( 4 ( 5 (G) The following information on in-season transfers among vessels participating in the IPA: ( 1 ( 2 ( 3 ( 4 ( 5 (14) Non-Chinook salmon prohibited species catch (PSC) limit and Chum Salmon Savings Area. (ii) 10.7 percent of the non-Chinook PSC limit is allocated to the CDQ Program as a PSQ reserve. (iii) If the Regional Administrator determines that 42,000 non-Chinook salmon have been caught by vessels using trawl gear during the period August 15 through October 14 in the Catcher Vessel Operational Area, NMFS will prohibit fishing for pollock for the remainder of the period September 1 through October 14 in the Chum Salmon Savings Area as defined in Figure 9 to this part. (iv) Trawl vessels participating in directed fishing for pollock and operating under an IPA approved by NMFS under paragraph (f)(12) of this section are exempt from closures in the Chum Salmon Savings Area. (15) Salmon handling. (i) Salmon discard. (ii) Salmon retention and storage. ( 1 ( 2 ( 3 ( 4 (B) Operators of vessels delivering to shoreside processors or stationary floating processors must— ( 1 ( 2 ( 3 ( 4 2 3 (C) Shoreside processors and stationary floating processors must comply with the requirements in § 679.28(g)(9) and (10) for the receipt, sorting, and storage of salmon from deliveries of catch from the BS pollock fishery. (iii) Assignment of crew to assist observer. (iv) Discard of salmon. (g) Chinook salmon bycatch management in the AI pollock fishery Applicability. (2) AI Chinook salmon PSC limit. (ii) 7.5 percent of the PSC limit is allocated to the CDQ Program as a PSQ reserve. (3) Area closures. Federal Register, (i) From the effective date of the closure until April 15, and from September 1 through December 31, if the Regional Administrator determines that the annual limit of AI Chinook salmon will be attained before April 15. (ii) From September 1 through December 31, if the Regional Administrator determines that the annual limit of AI Chinook salmon will be attained after April 15. (h) GOA Chinook Salmon PSC Management Applicability. (2) GOA Chinook salmon PSC limits for the pollock sectors (fisheries). (ii) The annual PSC limit for vessels participating in the directed fishery for pollock in the Central reporting area of the GOA is 18,316 Chinook salmon. (3) GOA non-pollock trawl sectors. (i) Trawl catcher/processor sector. (ii) Rockfish Program catcher vessel sector. (iii) Non-Rockfish Program catcher vessel sector. (4) GOA Chinook salmon PSC limits for non-pollock trawl fisheries. For the following sectors defined in § 679.21(h)(3) . . . The total Chinook salmon PSC limit in each calendar year is . . . Unless, the use of the Chinook If so, in the (A) Trawl catcher/processor sector 3,600 3,120 4,080 (B) Rockfish Program catcher vessel sector 1,200 N/A (C) Non-Rockfish Program catcher vessel sector 2,700 2,340 3,060 (ii) For the Trawl catcher/processor sector defined in paragraph (h)(3)(i) of this section: (A) The seasonal PSC limit prior to June 1 is 2,376 Chinook salmon if the annual Chinook salmon PSC limit is 3,600. The seasonal PSC limit prior to June 1 is 2,693 Chinook salmon if the annual Chinook salmon PSC limit is 4,080. (B) The number of Chinook salmon PSC available on June 1 through the remainder of the calendar year is the annual Chinook salmon PSC limit specified for the Trawl catcher/processor sector minus the number of Chinook salmon used by that sector prior to June 1 and any Chinook salmon PSC limit reapportioned to another sector specified at paragraph (h)(5)(iii) of this section prior to June 1. (5) Inseason reapportionment of Chinook salmon PSC limits. (ii) On November 15, the Regional Administrator may reallocate all remaining Chinook salmon PSC available to the Rockfish Program catcher vessel sector, defined in paragraph (h)(3)(ii) of this section, to the Non-Rockfish Program catcher vessel sector, but not to exceed the Non-Rockfish Program catcher vessel sector's limit on Chinook salmon PSC reapportionment as defined in paragraph (h)(5)(iv)(D) of this section. (iii) Any Chinook salmon PSC limit in paragraphs (h)(2) or (h)(4) of this section projected by the Regional Administrator to be unused during the remainder of the fishing year may be reapportioned subject to the Chinook salmon PSC limits in paragraphs (h)(5)(iv)(A) through (D) of this section for the remainder of the fishing year. NMFS will publish notification in the Federal Register (iv) On an annual basis, NMFS shall not reapportion an amount of unused Chinook salmon PSC greater than the following amounts: (A) 3,342 Chinook salmon to vessels participating in the directed fishery for pollock in the Western reporting area of the GOA; (B) 9,158 Chinook salmon to vessels participating in the directed fishery for pollock in the Central reporting area of the GOA; (C) 600 Chinook salmon to the Rockfish Program catcher vessel sector defined in paragraph (h)(3)(ii) of this section; and (D) 1,350 Chinook salmon to the Non-Rockfish Program catcher vessel sector defined in paragraph (h)(3)(iii) of this section. (6) Salmon retention. (ii) The operator of a catcher/processor or the owner and manager of a shoreside processor or SFP receiving groundfish deliveries from trawl vessels must retain all salmon until the number of salmon by species has been accurately recorded in the eLandings at-sea production report or eLandings groundfish landing report. (iii) The owner and manager of a shoreside processor or SFP receiving pollock deliveries must, if an observer is present, retain all salmon until the observer is provided the opportunity to count the number of salmon and collect scientific data or biological samples from the salmon. (iv) The operator of a catcher/processor must retain all salmon until an observer is provided the opportunity to collect scientific data or biological samples from the salmon. (7) Salmon discard. (8) GOA Chinook salmon PSC closures. (i) Vessels participating in the directed fishery for pollock in the Western reporting area or Central reporting area of the GOA will reach the applicable Chinook salmon PSC limit specified for that reporting area under paragraph (h)(2) of this section or the applicable limit following any reapportionment under paragraph (h)(5) of this section, NMFS will publish notification in the Federal Register (ii) Vessels in a sector defined in paragraph (h)(3) of this section will reach the applicable Chinook salmon PSC limit specified for that sector under paragraph (h)(4)(i) of this section or the applicable limit following any reapportionment under paragraph (h)(5) of this section, NMFS will publish notification in the Federal Register (iii) Vessels in the Trawl catcher/processor sector defined in paragraph (h)(3)(i) of this section will reach the seasonal Chinook salmon PSC limit specified at paragraph (h)(4)(ii)(A) of this section prior to June 1, NMFS will publish notification in the Federal Register [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.22 Closures. (a) BSAI Zone 1 (512) closure to trawl gear. (2) Zone 1 (516) closure to trawl gear. (3) Red King Crab Savings Area (RKCSA). (4) Walrus protection areas. (ii) From April 1 through September 30 of each calendar year, vessels designated on a Federal fisheries permit issued under § 679.4 are prohibited in that part of the Bering Sea subarea between 3 and 12 nm seaward of the baseline used to measure the territorial sea around islands named Round Island and The Twins, as shown on National Ocean Survey Chart 16315, and around Cape Peirce (58°33′ N. lat., 161°43′ W. long.), except that from April 1 through August 15 of each calendar year vessels designated on a Federal fisheries permit are not prohibited from entering and transiting through waters off: (A) Round Island, north of a straight line connecting 58°47.90′ N. lat./160°21.91′ W. long., and 58°32.94′ N. lat./159°35.45′ W. long.; and (B) Cape Peirce, east of a straight line connecting 58°30.00′ N. lat./161°46.20′ W. long., and 58°21.00′ N. lat./161°46.20′ W. long. (5) Catcher Vessel Operational Area (CVOA) Definition. (ii) Catcher/processor restrictions. (6) Pribilof Islands Habitat Conservation Zone. (7) Steller sea lion protection areas, Bering Sea reporting areas Bogoslof area Boundaries. (B) Fishing prohibition. (C) Bogoslof Pacific cod exemption area. 1 ( 2 Federal Register. (ii) Bering Sea Pollock Restriction Area Boundaries. (B) Fishing prohibition. (iii) Groundfish closures. (iv) Pollock closures. (v) Pacific cod closures. (vi) Atka mackerel closures. (vii) Steller sea lion conservation area (SCA) General. Federal Register, (B) Boundaries. 55°00′ N lat. 170°00′ W long.; 55°00′ N lat. 168°00′ W long.; 55°30′ N lat. 168°00′ W long.; 55°30′ N lat. 166°00′ W long.; 56°00′ N lat. 166°00′ W long.; and, 56°00′ N lat. 163°00′ W long. (C) Criteria for closure 1 General. Federal Register. ( 2 Inshore catcher vessels greater than 99 ft (30.2 m) LOA. (8) Steller sea lion protection areas, Aleutian Islands reporting areas Seguam Foraging area. (B) Directed fishing for pollock, Pacific cod, and Atka mackerel by vessels named on a Federal Fisheries Permit under § 679.4(b) is prohibited in the Seguam Foraging area as described in paragraph (a)(8)(i)(A) of this section. (ii) Pollock Closure. (iii) Groundfish closures. (iv) Pacific cod closures. (v) Atka mackerel closures. (9) Nearshore Bristol Bay Trawl Closure. (10) Chum Salmon Savings Area. (11) [Reserved] (12) Alaska Seamount Habitat Protection Areas. (13) Aleutian Islands Coral Habitat Protection Areas. (14) Aleutian Islands Habitat Conservation Area. (15) Bowers Ridge Habitat Conservation Zone. (16) Bering Sea Habitat Conservation Area. (17) Northern Bering Sea Research Area. (18) Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area. (19) St. Lawrence Island Habitat Conservation Area. (20) St. Matthew Island Habitat Conservation Area. (21) Modified Gear Trawl Zone. (b) GOA Kodiak Island, trawls other than pelagic trawls Type I closures. (ii) Type II closures. (iii) Type III closures. (2) Steller sea lion protection areas Groundfish closures. (ii) Pollock closures. (iii) Pacific cod closures. (iv) Atka mackerel closure. (3) Marmot Bay Tanner Crab Protection Area. (4) Southeast Outside District, gear other than nontrawl. (5) Sitka Pinnacles Marine Reserve. (ii) No person fishing under an IFQ halibut permit may fish for halibut and no person fishing under an IFQ sablefish permit may fish for sablefish in the Sitka Pinnacles Marine Reserve; and no vessel with an IFQ permit holder or IFQ hired master permit holder onboard may be anchored in the Sitka Pinnacles Marine Reserve, as described in Figure 18 to this part. (6) [Reserved] (7) Cook Inlet. (8) Alaska Seamount Habitat Protection Areas. (9) Gulf of Alaska Coral Habitat Protection Areas. (10) Gulf of Alaska Slope Habitat Conservation Areas. (c) Directed fishing closures. (d) Groundfish as prohibited species closures. (e) Overfishing closures. (f) Prohibited species closures. (g) [Reserved] (h) CDQ fisheries closures. (i) Forage fish, grenadiers, squids, and sculpins closures. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.23 Seasons. (a) Groundfish, general. (b) Time of groundfish openings and closures. (c) GOA and BSAI trawl groundfish. (d) GOA groundfish seasons Directed fishing for trawl rockfish. (2) Directed fishing for pollock. (i) A season. (ii) B season. (3) Directed fishing for Pacific cod Hook-and-line or pot gear. (A) A season. (B) B season. (ii) Trawl gear. (A) A season. (B) B season. From 1200 hours, A.l.t., September 1 through 1200 hours, A.l.t., November 1. (iii) Jig gear. (A) A season. (B) B season. (e) BSAI groundfish seasons Directed fishing for arrowtooth flounder, Kamchatka flounder, and Greenland turbot. (2) Directed fishing for pollock in the Bering Sea subarea by inshore, offshore catcher/processor, and mothership components, in the AI directed pollock fishery, and pollock CDQ fisheries. (i) A season. (ii) B season. (3) Directed fishing for Atka mackerel with trawl gear. (i) A season. (ii) B season. (4) CDQ fishing seasons Halibut CDQ. Federal Register (ii) Sablefish CDQ. (iii) Groundfish CDQ. (5) Directed fishing for Pacific cod Hook-and-line gear. (A) A season. (B) B season. (ii) Trawl gear. (A) A season. (B) B season. (C) C season 1 Catcher vessels and AFA catcher/processors. ( 2 Amendment 80 and CDQ. (iii) Pot gear. (A) A season. (B) B season. (iv) Jig gear. (A) A season. (B) B season. (C) C season. (f) IFQ halibut. Federal Register (g) IFQ sablefish. Federal Register. (2) Except for catches of sablefish with longline pot gear in the GOA, catches of sablefish by fixed gear during other periods may be retained up to the amounts provided for by the directed fishing standards specified at § 679.20 when made by an individual aboard the vessel who has a valid IFQ permit and unused IFQ in the account on which the permit was issued. (3) Catches of sablefish in excess of the maximum retainable bycatch amounts and catches made without IFQ must be treated in the same manner as prohibited species as defined at § 679.21(a). (h) Stand down requirements for trawl catcher vessels transiting between the BSAI and GOA. If you own or operate a catcher vessel and fish for groundfish with trawl gear in the* * * You are prohibited from subsequently deploying trawl gear in the* * * Until* * * (1) BSAI while pollock or Pacific cod is open to directed fishing in the BSAI Western and Central GOA regulatory areas 1200 hours A.l.t. on the third day after the date of landing or transfer of all groundfish on board the vessel harvested in the BSAI, unless you are engaged in directed fishing for Pacific cod in the GOA for processing by the offshore component or if checked-in and participating in a CGOA Rockfish Program cooperative. (2) Western GOA regulatory area while pollock or inshore Pacific cod is open to directed fishing in the Western GOA regulatory area BSAI 1200 hours A.l.t. on the third day after the date of landing or transfer of all groundfish on board the vessel harvested in the Western Regulatory Area of the GOA, unless you are participating in a CDQ fishery. (3) Central GOA regulatory area while pollock or inshore Pacific cod is open to directed fishing in the Central GOA regulatory area BSAI 1200 hours A.l.t. on the second day after the date of landing or transfer of all groundfish on board the vessel harvested in the Central GOA regulatory area , unless you are participating in a CDQ fishery. (i) Catcher vessel exclusive fishing seasons for pollock. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.24 Gear limitations. Regulations pertaining to vessel and gear markings are set forth in this section and as prescribed in the annual management measures published in the Federal Register (a) Marking of hook-and-line, longline pot, and pot-and-line gear. (2) Markings shall be in characters at least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width in a contrasting color visible above the water line and shall be maintained so the markings are clearly visible. (3) Each end of a set of longline pot gear deployed to fish IFQ sablefish in the GOA, and each end of a set of longline pot gear deployed to fish for Greenland turbot in the Bering Sea subarea of the BSAI, must have one hard buoy ball attached and marked with the capital letters “LP” in accordance with paragraph (a)(2) of this section. (b) Gear restrictions Pots— Longline pot gear. (i) In the Aleutian Islands subarea. (ii) While directed fishing for sablefish in the Bering Sea subarea. (iii) While directed fishing for IFQ sablefish in the GOA. (iv) While fishing for IFQ or CDQ halibut in the BSAI. (v) While directed fishing for Greenland turbot in the Bering Sea subarea of the BSAI by a hook-and-line catcher/processor as defined in § 679.2. (2) [Reserved] (3) Trawl footrope. (4) BSAI pollock nonpelagic trawl prohibition. (c) Gear restrictions for sablefish Gear allocations. (2) Eastern GOA regulatory area General. (B) No person may use any gear other than hook-and-line gear, longline pot gear, or jig gear to engage in directed fishing for IFQ sablefish. (ii) Sablefish as prohibited species Trawl gear. (B) Other gear. (3) Central and Western GOA regulatory areas; sablefish as prohibited species. (4) BSAI. (d) Trawl gear test areas General. (2) Trawl gear testing. (i) The codend shall be unzipped while trawl gear testing. (ii) Groundfish shall not be possessed on board when trawl gear testing. (iii) Observers aboard vessels during the time spent trawl gear testing shall not fulfill observer requirements at subpart E of this part. (3) Criteria. (i) Depth and bottom type must be suitable for testing the particular gear type. (ii) The areas must be outside State waters. (iii) The areas must be in locations not normally closed to fishing with that gear type. (iv) The areas must be in locations that are not usually fished heavily by that gear type. (v) The areas must not be within a designated Steller sea lion protection area at any time of the year. (4) Test areas. (i) Kodiak Test Area. 57°37′ N. lat., 152°02′ W. long. 57°37′ N. lat., 151°25′ W. long. 57°23′ N. lat., 151°25′ W. long. 57°23′ N. lat., 152°02′ W. long. 57°37′ N. lat., 152°02′ W. long. (ii) Sand Point Test Area. 54°50′ N. lat., 161°00′ W. long. 54°50′ N. lat., 160°30′ W. long. 54°35′ N. lat., 160°30′ W. long. 54°35′ N. lat., 161°00′ W. long. 54°50′ N. lat., 161°00′ W. long. (iii) Bering Sea Test Area. 55°00′ N. lat., 167°00′ W. long. 55°00′ N. lat., 166°00′ W. long. 54°40′ N. lat., 166°00′ W. long. 54°40′ N. lat., 167°00′ W. long. 55°00′ N. lat., 167°00′ W. long. (e) Seabird avoidance program for vessels fishing with hook-and-line gear Applicability. (i) IFQ halibut or CDQ halibut. (ii) IFQ sablefish. (iii) Groundfish in the EEZ off Alaska. (2) Seabird Avoidance Requirements. (i) Gear onboard. (ii) Gear inspection. (iii) Gear use. (iv) Sink baited hooks. (v) Offal discharge. (B) Remove hooks from any offal that is discharged. (C) Eliminate directed discharge through chutes or pipes of residual bait or offal from the stern of the vessel while setting gear. This does not include baits falling off the hook or offal discharges from other locations that parallel the gear and subsequently drift into the wake zone well aft of the vessel. (D) For vessels not deploying gear from the stern, eliminate directed discharge of residual bait or offal over sinking hook-and-line gear while gear is being deployed. (vi) Safe release of seabirds. (3) Seabird avoidance gear requirements. (i) The operator of a vessel identified in paragraph (e)(1) of this section must comply with paragraph (e)(3)(ii) or (e)(3)(iii) of this section while fishing with hook-and-line gear for groundfish, IFQ halibut, CDQ halibut, or IFQ sablefish in Federal waters (EEZ) and for IFQ halibut, CDQ halibut, or IFQ sablefish in the State of Alaska waters, excluding fishing in: (A) NMFS Reporting Area 649 (Prince William Sound); (B) State waters of Cook Inlet; (C) NMFS Reporting Area 659 (Eastern GOA Regulatory Area; Southeast Inside District), but including waters in the areas south of a straight line at 56°17.25 N. lat. between Point Harris and Port Armstrong in Chatham Strait, State statistical areas 325431 and 325401, and west of a straight line at 136°21.17 E. long. from Point Wimbledon extending south through the Inian Islands to Point Lavinia; and (D) Area 4E with a vessel less than or equal to 55 ft (16.8 m) LOA, but including fishing in waters south of 60°00.00 N. lat. and west of 160°00.00 W. long. (ii) Using other than snap gear, (A) A minimum of 1 buoy bag line as specified in paragraph (e)(4)(i) of this section must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA without masts, poles, or rigging. (B) A minimum of a single streamer line as specified in paragraph (e)(4)(ii) of this section must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, poles, or rigging. (C) A minimum of a paired streamer line of a standard as specified in paragraph (e)(4)(iii) of this section must be used by vessels greater than 55 ft (16.8 m) LOA. (iii) Using snap gear, (A) A minimum of 1 buoy bag line as specified in paragraph (e)(4)(i) of this section must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA without masts, poles, or rigging. (B) A minimum of a single streamer line as specified in paragraph (e)(4)(iv) of this section must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, poles, or rigging. (C) A minimum of a single streamer line as specified in paragraph (e)(4)(iv) of this section must be used by vessels greater than 55 ft (16.8 m) LOA. (4) Seabird avoidance gear performance and material standards: (i) Buoy bag line weather exception. (ii) Single streamer standard. ( 1 ( 2 ( 3 ( 4 ( 5 (B) Weather exception: (iii) Paired streamer standard: (B) Weather exceptions (C) Streamer lines must: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 3/8 (iv) Snap gear streamer standard: ( 1 ( 2 (B) Weather exception: (v) Weather safety standard. (5) Other methods. (i) Night-setting. (ii) Line shooter. (iii) Lining tube. (6) Seabird avoidance exemption. Nothwithstanding any other paragraph in this part, operators of vessels 32 ft (9.8 m) LOA or less using hook-and-line gear in IPHC Area 4E in waters shoreward of the EEZ are exempt from seabird avoidance regulations. (f) Modified nonpelagic trawl gear. (1) Elevated section minimum clearance. (2) Elevating device spacing. (i) If the elevating devices raise the elevated section shown in Figure 26 to this part 3.5 inches (8.9 cm) or less, the space between elevating devices must be no more than 65 feet (19.8 m); or (ii) If the elevating devices raise the elevated section shown Figure 26 to this part more than 3.5 inches (8.9 cm), the space between elevating devices must be no more than 95 feet (29 m). (3) Clearance measurements and line cross sections. (A) The same material as the line between elevating devices, as shown in Figures 25a and 25d to this part; (B) Different material than the line between elevating devices and used to support the elevating device at a connection between line sections (e.g., on a metal spindle, on a chain), as shown in Figure 25b to this part; or (C) Disks of a smaller cross section than the elevating device, which are strung continuously on a line between elevating devices, as shown in Figure 25c to this part. (ii) Portions of the line between elevating devices that are braided or doubled for section terminations or used for line joining devices are not required to be a smaller cross section than the measuring location. (iii) Required minimum clearance for supporting material of a larger cross section than the cross section of the line material. (A) For elevating devices spaced 30 feet (9.1 m) to 65 feet (19.8 m), the required minimum clearance is ≥[2.5 inches − ((support material cross section − line material cross section)/2)], or (B) For elevating devices spaced greater than 65 feet (19.8 m) to 95 feet (29 m), the required minimum clearance is ≥[3.5 inches −((support material cross section − line material cross section)/2)]. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.25 Inseason adjustments. (a) General Types of adjustments. (i) Closure, extension, or opening of a season in all or part of a management area. (ii) Modification of the allowable gear to be used in all or part of a management area. (iii) Adjustment of TAC and PSC limits. (iv) Interim closures of statistical areas, or portions thereof, to directed fishing for specified groundfish species. (v) Inseason closures of an area, district, or portions thereof, of harvest of specified halibut fisheries. (vi) Adjustment of TAC for any salmon species or stock and closure or opening of a season in all or part of the Cook Inlet EEZ Area. (2) Determinations. (A) Overfishing of any species or stock of fish or shellfish; (B) Harvest of a TAC for any groundfish species or the taking of a PSC limit for any prohibited species that, on the basis of the best available scientific information, is found by NMFS to be incorrectly specified; or (C) Underharvest of a TAC or gear share of a TAC for any groundfish species when catch information indicates that the TAC or gear share has not been reached. (ii) Any inseason closure of a statistical area, or portion thereof, under paragraph (a)(1)(iv) of this section, must be based upon a determination that such closures are necessary to prevent: (A) A continuation of relatively high bycatch rates of prohibited species specified under § 679.21(a) in a statistical area, or portion thereof; (B) Take of an excessive share of PSC limits or bycatch allowances established under § 679.21(d) and (e) by vessels fishing in a statistical area, or portion thereof; (C) Closure of one or more directed fisheries for groundfish due to excessive prohibited species bycatch rates occurring in a specified fishery operating within all or part of a statistical area; or (D) Premature attainment of established PSC limits or bycatch allowances and associated loss of opportunity to harvest the groundfish OY. (iii) The selection of the appropriate inseason management adjustments under paragraphs (a)(1)(i) and (ii) of this section must be from the following authorized management measures and must be based upon a determination by the Regional Administrator that the management adjustment selected is the least restrictive necessary to achieve the purpose of the adjustment: (A) Any gear modification that would protect the species in need of conservation, but that would still allow other fisheries to continue; (B) An inseason adjustment that would allow other fisheries to continue in noncritical areas and time periods; (C) Closure of a management area or portion thereof, or gear type, or season to all groundfish or halibut fishing; or (D) Reopening of a management area or season to achieve the TAC or gear share of a TAC for any of the target species. (iv) The adjustment of a TAC or PSC limit for any species under paragraph (a)(1)(iii) of this section must be based upon a determination by the Regional Administrator that the adjustment is based upon the best available scientific information concerning the biological stock status of the species in question and that the currently specified TAC or PSC limit is incorrect. Any adjustment to a TAC or PSC limit must be reasonably related to the change in biological stock status. (v) The inseason closure of a statistical area, or a portion thereof, under paragraph (a)(1)(iv) of this section shall not extend beyond a 60-day period unless information considered under paragraph (b) of this section warrants an extended closure period. Any closure of a statistical area, or portion thereof, to reduce prohibited species bycatch rates requires a determination by the Regional Administrator that the closure is based on the best available scientific information concerning the seasonal distribution and abundance of prohibited species and bycatch rates of prohibited species associated with various groundfish fisheries. (vi) Any inseason adjustment taken under paragraph (a)(1)(vi) of this section must be based on a determination that such adjustments are necessary to prevent: (A) Overfishing of any species or stock of fish or shellfish; (B) Harvest of a TAC for any salmon species or stock that, on the basis of the best available scientific information, is found by NMFS to be incorrectly specified; or (C) Underharvest of a TAC for any salmon species or stock when catch information indicates that the TAC has not been reached, and there is not a conservation or management concern for any species or stock that would also be harvested with additional fishing effort. (vii) The selection of the appropriate inseason management adjustments under paragraphs (a)(1)(vi) of this section must be from the following authorized management measures and must be based on a determination by the Regional Administrator that the management adjustment selected is the least restrictive necessary to achieve the purpose of the adjustment: (A) Closure of a management area or portion thereof, or gear type, or season to all salmon fishing; or (B) Reopening of a management area or season to achieve the TAC for any of the salmon species or stock without exceeding the TAC of any other salmon species or stock. (viii) The adjustment of a TAC for any salmon species or stock under paragraph (a)(1)(vi) of this section must be based upon a determination by the Regional Administrator that the adjustment is based upon the best scientific information available concerning the biological stock status of the species or stock in question and that the currently specified TAC is incorrect. Any adjustment to a TAC must be reasonably related to the change in biological stock status. (b) Data. (1) The effect of overall fishing effort within a statistical area; (2) Catch per unit of effort and rate of harvest; (3) Relative distribution and abundance of stocks of groundfish species, salmon species or stocks, and prohibited species within all or part of a statistical area; (4) Condition of a stock in all or part of a statistical area; (5) Inseason prohibited species bycatch rates observed in groundfish fisheries in all or part of a statistical area; (6) Historical prohibited species bycatch rates observed in groundfish fisheries in all or part of a statistical area; (7) Economic impacts on fishing businesses affected; or (8) Any other factor relevant to the conservation and management of groundfish species, salmon species or stocks, or any incidentally caught species that are designated as prohibited species or for which a PSC limit has been specified. (c) Procedure. (i) NMFS has filed the proposed adjustment for public inspection with the Office of the Federal Register; and (ii) NMFS has published the proposed adjustment in the Federal Register (2) If NMFS decides, for good cause, that an adjustment is to be made without affording a prior opportunity for public comment, public comments on the necessity for, and extent of, the adjustment will be received by the Regional Administrator for a period of 15 days after the effective date of notification. (3) During any such 15-day period, the Regional Administrator will make available for public inspection, during business hours, the aggregate data upon which an adjustment was based. (4) If written comments are received during any such 15-day period that oppose or protest an inseason adjustment issued under this section, NMFS will reconsider the necessity for the adjustment and, as soon as practicable after that reconsideration, will either— (i) Publish in the Federal Register (ii) Modify or rescind the adjustment. (5) Notifications of inseason adjustments issued by NMFS under paragraph (a) of this section will include the following information: (i) A description of the management adjustment. (ii) Reasons for the adjustment and the determinations required under paragraph (a)(2)(i) of this section. (iii) The effective date and any termination date of such adjustment. If no termination date is specified, the adjustment will terminate on the last day of the fishing year. [61 FR 31230, June 19, 1996, as amended at 75 FR 61642, Oct. 6, 2010; 81 FR 24733, Apr. 27, 2016; 85 FR 850, Jan. 8, 2020; 89 FR 34758, Apr. 30, 2024] § 679.26 Prohibited Species Donation Program. (a) Authorized species. (1) Salmon. (2) Halibut delivered by catcher vessels using trawl gear to shoreside processors and stationary floating processors. (b) Authorized distributors Application. (i) Proof of the applicant's tax-exempt status. (ii) A description of the arrangements for processing, shipping, storing, and transporting donated fish and an estimate of the associated costs. (iii) A statement describing the applicant's expertise in providing for the distribution of food product from remote Alaskan locations to hunger relief agencies, food bank networks, or food bank distributors, including arrangements for transportation, distribution costs, and product quality control. (iv) Documentation of support from cold storage and transportation facilities. (v) A proposed operating budget that is adequate to ensure that fish donated under this program will be distributed to hunger relief agencies, food bank networks, or food bank distributors and that the fish will be maintained in a manner fit for human consumption. (vi) Proof of the applicant's ability to obtain and maintain adequate funding for the distribution of fish under the PSD program. (vii) A copy of the applicant's articles of incorporation and bylaws showing that the purpose of the applicant includes providing food resources to hunger relief agencies, food bank networks, or food bank distributors. (viii) Proof of the applicant's ability to take full responsibility for the documentation and disposition of fish received under the PSD program, including sufficient liability insurance to cover public interests relating to the quality of fish distributed for human consumption. (ix) Quality control criteria to be followed by vessels, processors, hunger relief agencies, food bank networks, and food bank distributors. (x) The number of vessels and processors that the applicant is capable of administering effectively. (xi) A list of all vessels and processors, and food bank networks or food bank distributors participating in the PSD program. The list of vessels and processors must include: (A) The vessel's or processor's Federal fisheries permit number or Federal processor permit number. (B) The name of the vessel owner or responsible operator or the name of the owner or plant manager of the processor. (C) The vessel's or processor's telephone number. (D) The signature of the vessel owner or responsible operator or the owner or plant manager of the processor. (xii) A signed statement from the applicant and from all persons who are listed under paragraph (b)(1)(xi) of this section and who would conduct activities pursuant to the PSD permit waiving any and all claims against the United States and its agents and employees for any liability for personal injury, death, sickness, damage to property directly or indirectly due to activities conducted under the PSD program. (xiii) A list of locations where fish must be delivered by participating vessels and processors. (xiv) A separate application must be submitted for each species listed under paragraph (a) of this section that the applicant seeks to distribute. (2) Selection. (i) The number and qualifications of applicants for PSD permits. (ii) The number of harvesters and the quantity of fish that applicants can effectively administer. (iii) The anticipated level of bycatch of prohibited species listed under paragraph (a) of this section. (iv) The potential number of vessels and processors participating in the PSD program. (3) PSD Permit. Federal Register (ii) The Regional Administrator may impose additional terms and conditions on a PSD permit consistent with the objectives of the PSD program. (iii) A PSD permit may be suspended, modified, or revoked, under 15 CFR part 904 for noncompliance with terms and conditions specified in the permit or for a violation of this section or other regulations in this part. (iv) Effective period. Federal Register (v) If the authorized distributor modifies any information on the PSD permit application submitted under paragraph (b)(1)(xi) or (b)(1)(xiii) of this section, the authorized distributor must submit a modified list of participants or a modified list of delivery locations to the Regional Administrator. (c) Reporting and recordkeeping requirements. (i) In the BS pollock fishery must comply with applicable regulations at §§ 679.7(d) and (k), 679.21(c), and 679.28; and (ii) In the Central or Western GOA pollock fishery must comply with applicable regulations at §§ 679.7(b), 679.21(h) and 679.28. (2) Prohibited species retained under the PSD program must be packaged, and all packages must be labeled with the date of processing, the name of the processing facility, the contents and the weight of the fish contained in the package, and the words, “NMFS PROHIBITED SPECIES DONATION PROGRAM - NOT FOR SALE - PERISHABLE PRODUCT - KEEP FROZEN”. (3) A processor retaining or receiving fish under the PSD program and an authorized distributor must keep on file and make available for inspection by an authorized officer all documentation, including receipt and cargo manifests setting forth the origin, weight, and destination of all prohibited species bycatch. Such documentation must be retained until 3 years after the effective period of the PSD permit. (d) Processing, handling, and distribution. (2) Fish that are determined to be unfit for human consumption prior to delivery to an authorized distributor must be discarded under § 679.21(a). Fish that are determined to be unfit for human consumption after delivery to the authorized distributor must be destroyed in accordance with applicable sanitation laws and regulations. (3) Authorized distributors and persons conducting activities supervised by authorized distributors may retain prohibited species only for the purpose of processing and delivering the prohibited species to hunger relief agencies, food networks or food distributors as provided by this section. Such persons may not consume or retain prohibited species for personal use and may not sell, trade or barter, or attempt to sell, trade or barter any prohibited species that is retained under the PSD program, except that processors may convert offal from salmon or halibut that has been retained pursuant to the PSD program into fish meal, fish oil, or bone meal, and sell or trade these products. (4) No prohibited species that has been sorted from a vessel's catch or landing may be retained by a vessel or processor, or delivered to a delivery location under this section, unless the vessel or processor and delivery location is included on the list provided to the Regional Administrator under paragraph (b)(1)(xi), (b)(1)(xiii) or (b)(3)(v) of this section. [61 FR 38359, July 24, 1996, as amended at 63 FR 32145, 32146, June 12, 1998; 65 FR 78121, Dec. 14, 2000; 66 FR 53122, Oct. 19, 2001; 67 FR 4148, Jan. 28, 2002; 69 FR 52612, Aug. 27, 2004; 75 FR 53067, Aug. 30, 2010; 77 FR 42636, July 20, 2012; 81 FR 24733, Apr. 27, 2016] Effective Date Note: At 67 FR 4158, Jan. 28, 2002, § 679.26 was amended in paragraph (c)(3) by removing the words “until 1 year after” and inserting in its place “until 3 years after”. This amendment contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 679.27 Improved Retention/Improved Utilization Program. (a) Applicability. (b) IR/IU species. (1) Pollock. (2) Pacific cod. (3) Shallow-water flatfish species complex in the GOA as defined in the annual harvest specifications for the GOA (beginning January 1, 2003). (4) For catcher/processors not listed in § 679.4(l)(2)(i) using trawl gear in the BSAI, all species listed in Table 2a to this part, except for groundfish in prohibited species status. (c) Minimum retention requirements Definition of retain on board. (2) The following table displays minimum retention requirements by vessel category and directed fishing status: If you own or operate a ... and ... you must retain on board until lawful transfer ... (i) Catcher vessel (A) Directed fishing for an IR/IU species is open all fish of that species brought on board the vessel. (B) Directed fishing for an IR/IU species is prohibited all fish of that species brought on board the vessel up to the MRA for that species. (C) Retention of an IR/ IU species is prohibited no fish of that species. (ii) Catcher/processor (A) Directed fishing for an IR/IU species is open a primary product from all fish of that species brought on board the vessel. (B) Directed fishing for an IR/IU species is prohibited a primary product from all fish of that species brought on board the vessel up to the point that the round-weight equivalent of primary products on board equals the MRA for that species. (C) Retention of an IR/IU species is prohibited no fish or product of that species. (iii) Mothership (A) Directed fishing for an IR/IU species is open a primary product from all fish of that species brought on board the vessel (B) Directed fishing for an IR/IU species is prohibited a primary product from all fish of that species brought on board the vessel up to the point that the round-weight equivalent of primary products on board equals the MRA for that species. (C) Retention of an IR/IU species is prohibited no fish or product of that species. (d) Bleeding codends and shaking longline gear. (e) At-sea discard of product. (f) Discard of fish or product transferred from other vessels. (g) IR/IU species as bait. (h) Previously caught fish. (i) Minimum utilization requirements. If... then your total weight of retained or lawfully transferred products produced from your catch or receipt of that IR/IU species during a fishing trip must... (1) directed fishing for an IR/IU species is open, equal or exceed 15 percent of the round-weight catch or round-weight delivery of that species during the fishing trip. (2) directed fishing for an IR/IU species is prohibited, equal or exceed 15 percent of the round-weight catch or round-weight delivery of that species during the fishing trip or 15 percent of the MRA for that species, whichever is lower. (3) retention of an IR/IU species is prohibited, equal zero. (j) [Reserved] [62 FR 63890, Dec. 3, 1997, as amended at 62 FR 65381, Dec. 12, 1997; 68 FR 52144, Sept. 2, 2003; 69 FR 32903, June 14, 2004; 71 FR 17381, Apr. 6, 2006; 72 FR 52722, Sept. 14, 2007; 73 FR 76166, Dec. 15, 2008; 74 FR 62508, Nov. 30, 2009; 75 FR 53069, Aug. 30, 2010; 77 FR 6502, Feb. 8, 2012; 78 FR 12632, Feb. 25, 2013] § 679.28 Equipment and operational requirements. (a) Applicability. (b) Scales used to weigh catch at sea. (1) List of scales eligible for approval. (i) Information about the scale. (B) Name of manufacturer's representative. (C) Mailing address of scale manufacturer and manufacturer's representative. (D) Telephone and fax number of manufacturer's representative. (E) Model and serial number of the scale tested. (F) A written description of the scale and diagrams explaining how the scale operates and how it compensates for motion. (G) A list of the model numbers of all scales for which type evaluation results are applicable, identifying the differences between the model evaluated in the laboratory and other models listed. The scales may differ only in the elements of the scale that perform motion compensation, the size or capacity of the scale, and the software used by the scale. (H) A list of types of scale adjustments that will be recorded on the audit trail, including the name of the adjustment as it will appear on the audit trail, and a written description of the adjustment. (ii) Information about the laboratory. (B) Mailing address of laboratory. (C) Telephone and fax number of laboratory's representative. (D) Name and address of government agency accrediting the laboratory. (E) Name and signature of person responsible for evaluation of the scale and the date of signature. (iii) Checklist. (iv) Verification of test results. (A) Test results and data on forms supplied by NMFS; (B) National Type Evaluation Program (NTEP) Certificates of Conformance, test results and data for a component of a scale or for the entire device. NTEP Certificates of Conformance, test results, and data may be submitted only in lieu of the specific influence factor tests conducted to obtain the NTEP Certificates of Conformance. Additional information must be submitted to verify compliance with the laboratory tests that are not performed under the NTEP; and/or (C) International Organization of Legal Metrology (OIML) Certificates of Conformance, test results and data. (v) Exceptions. (A) The scale electronics are the same as those used in other scales on the Regional Administrator's list of scales eligible for approval; (B) Load cells have received Certificates of Conformance from NTEP or OIML; (C) The scale compensates for motion in the same manner as other scales made by that manufacturer which have been listed on the Regional Administrator's list of scales eligible for approval; (D) The scale, when installed, meets all of the requirements set forth in paragraph 3 of appendix A to this part, except those requirements set forth in paragraph 3.2.1.1. (2) Inspection of at-sea scales What is an inspection? (ii) How often must a scale be inspected? (iii) Who may perform scale inspections and approvals? (iv) How does a vessel owner arrange for a scale inspection? http://alaskafisheries.noaa.gov/scales/default.htm. (v) Where will scale inspections be conducted? (vi) Responsibilities of the vessel owner during a scale inspection. (A) Make the vessel and scale available for inspection by the scale inspector. (B) Provide a copy of the scale manual supplied by the scale manufacturer to the inspector at the beginning of the inspection. (C) Transport test weights, test material, and equipment required to perform the test to and from the inspector's vehicle and the location on the vessel where the scale is installed. (D) Apply test weights to the scale or convey test materials across the scale, if requested by the scale inspector. (E) Assist the scale inspector in performing the scale inspection and testing. (vii) Scale inspection report. (B) The scale inspector must provide the original inspection report to the vessel owner and a copy to NMFS. (C) The vessel owner must either: ( 1 ( 2 (D) When in use, an approved scale must also meet the requirements described in paragraphs (b)(3) through (b)(6) of this section. (3) At-sea scale tests. (i) Belt scales and automatic hopper scales. (B) Test procedure. (ii) Platform and hanging scales. (B) Test weights. 1 2 ( 1 Platform scales used as observer sampling scales or to determine the known weight of test materials. ( 2 Scales used to weigh catch. (iii) Requirements for all scale tests. (B) Conduct the scale test by placing the test material or test weights on or across the scale and recording the following information on the at-sea scale test report form: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 (4) Scale maintenance. (5) Printed reports from the scale (i) Reports of catch weight and cumulative weight. (A) The vessel name and Federal fisheries or processor permit number; (B) The haul or set number as recorded in the processor's DCPL (see § 679.5); (C) The total weight of the haul or set; (D) The total cumulative weight of all fish or other material weighed on the scale. (ii) Printed report from the audit trail. (iii) Printed reports from the calibration log. (A) The vessel name and Federal fisheries or processor permit number; (B) The month, day, and year of the calibration; (C) The time of the calibration to the nearest minute in A.l.t.; (D) The weight used to calibrate the scale; and (E) The magnitude of the calibration in comparison to the prior calibration. (iv) Printed reports from the fault log. (A) The vessel name and Federal fisheries or processor permit number; (B) The month, day, year, and time of each startup to the nearest minute in A.l.t.; (C) The month, day, year, and time that each fault began to the nearest minute in A.l.t.; (D) The month, day, year, and time that each fault was resolved to the nearest minute in A.l.t. (6) Scale installation requirements. (7) Platform scales used as observer sampling scales or to determine the known weight of test materials. (8) Video monitoring for scales used by the vessel crew to weigh catch. (i) Provide sufficient resolution and field of view to monitor: All areas where catch enters the scale, moves across the scale and leaves the scale; any access point to the scale from which the scale may be adjusted or modified by vessel crew while the vessel is at sea; and the scale display and the indicator for the scale operating in a fault state. (ii) Record and retain video for all periods when catch that must be weighed is on board the vessel. (c) Scales approved by the State of Alaska. (1) Verification of approval. (2) Visibility. (3) Printed scale weights. (ii) A scale identified in a CMCP (see paragraph (g) of this section) must produce a printed record for each delivery, or portion of a delivery, weighed on that scale. If approved by NMFS as part of the CMCP, scales not designed for automatic bulk weighing may be exempted from part or all of the printed record requirements. The printed record must include: (A) The processor name; (B) The weight of each load in the weighing cycle; (C) The total weight of fish in each delivery, or portion of the delivery that was weighed on that scale; (D) The total cumulative weight of all fish or other material weighed on the scale since the last annual inspection; (E) The date and time the information is printed; (F) The name and ADF&G number of the vessel making the delivery. This information may be written on the scale printout in pen by the scale operator at the time of delivery. (4) Inseason scale testing. (i) How does a scale pass an inseason test? Test Load in Scale Maximum Error in Scale Divisions (A) 0-500 1 (B) 501-2,000 2 (C) 2,001-4,000 3 (D) >4,000 5 (ii) How much weight is required to do an inseason scale test? Scales must be tested with the amount and type of weight specified for each scale type in the following tables: (A) Automatic hopper 0 to 150 kg (0 to 300 lb) capacity. Certified Test Weights Other test material ( 1 Minimum ( 2 Maximum (B) Automatic hopper >150 kg (300 lb) capacity. Certified Test Weights Other test material ( 1 Minimum ( 2 Maximum (C) Platform or flatbed 0 to 150 kg (0 to 300 lb) capacity. Certified Test Weights Other test material ( 1 Not Acceptable ( 2 Not Acceptable ( 3 Not Acceptable (D) Platform or flatbead >150 kg (300 lb) capacity. Certified Test Weights Other test material ( 1 Not Acceptable ( 2 50 percent of maximum or 75 kg (150 lb), whichever is greater ( 3 75 percent of maximum or 150 kg (300 lb), whichever is greater (E) Observer sampling scale >50 kg capacity. Certified Test Weights Other test material ( 1 Not Acceptable ( 2 Not Acceptable ( 3 Not Acceptable (iii) Certified test weights. (iv) Other test material. (v) Observer sampling scales. (A) Have a capacity of no less than 50 kg; (B) Have a division size of no less than 5 g; (C) Indicate weight in kilograms and decimal subdivisions; and (D) Be accurate within plus or minus 0.5 percent when tested at 10 kg, 25 kg, and 50 kg by NMFS staff or an observer. (d) Observer sampling station Accessibility. (2) Location Motherships and catcher/processors or catcher vessels using trawl gear. (ii) Vessels using nontrawl gear. (iii) What is clear, unobstructed passage? (3) Minimum work space. (4) Table. (5) Observer sampling scale. (6) Other requirements. (7) Catcher/processors and motherships in the BS pollock fishery, including pollock CDQ. (i) A salmon storage container must be located adjacent to the observer sampling station; (ii) The salmon storage container must remain in view of the observer at the observer sampling station at all times during the sorting of each haul; and (iii) The salmon storage container must be at least 1.5 cubic meters. (8) Requirements for sampling catch Motherships and catcher/processors using trawl gear. (ii) Catcher/processors using non-trawl gear. (A) Tally station. (B) Collection area. (9) Observer deck sampling station. (i) Accessibility. (ii) Location. (iii) Work space. (iv) Table Size. (B) Length measuring device. (v) Single pathway. (10) Inspection of the observer sampling station. (i) How does a vessel owner arrange for an observer sampling station inspection? station.inspections@noaa.gov (ii) Where will Observer sampling station inspections be conducted? Inspections will be conducted on vessels tied up at docks in Kodiak, Alaska, Dutch Harbor, Alaska, and in the Puget Sound area of Washington State. (iii) Observer Sampling Station Inspection Report. (A) Deck Sorting. (B) [Reserved]. (e) Video Monitoring System Requirements What requirements must a vessel owner and operator comply with for a video monitoring system? (ii) The system must include at least one external USB port or other removable storage device approved by NMFS. (iii) The system must output video files to an open source format or the vessel owner must provide software capable of converting the output video file to an open source format or commercial software must be available for converting the output video file to an open source format. (iv) Color cameras must have at a minimum 470 TV lines of resolution, auto-iris capabilities, and output color video to the recording device with the ability to revert to black and white video output when light levels become too low for color recognition. (v) The video data must be maintained by the vessel operator and made available on request by NMFS employees, or any individual authorized by NMFS. The data must be retained on board the vessel for no less than 120 days after the date the video is recorded, unless NMFS has notified the vessel operator that the video data may be retained for less than this 120-day period. (vi) The system must record at a speed of no less than 5 unique frames per second at all times when the use of a video monitoring system is required. (vii) NMFS employees, or any individual authorized by NMFS, must be able to view any video footage from any point in the trip using a 16-bit or better color monitor that can display all camera views simultaneously and must be assisted by crew knowledgeable in the operation of the system. (viii) Unless exempted under paragraph (D) below, a 16-bit or better color monitor must be provided within the observer sampling station or at the location where the observer sorts and weighs samples. The monitor: (A) Must have the capacity to display all camera views simultaneously; (B) Must be operating when the use of a video monitoring system is required; (C) Must be securely mounted at or near eye level; (D) Is not applicable to longline C/Ps subject to § 679.100(b)(2). (2) How does a vessel owner or operator arrange for NMFS to conduct a video monitoring system inspection? https://alaskafisheries.noaa.gov (3) What additional information is required for a video monitoring system inspection? (ii) Any additional information requested by the Regional Administrator. (4) Where will NMFS conduct video monitoring and bin monitoring system inspections? (5) A video monitoring system is approved for use when NMFS employees, or any individual authorized by NMFS, completes and signs a Video Monitoring Inspection Report verifying that the video system meets all applicable requirements of this section. (6) A vessel owner or operator must maintain a current NMFS-issued Video Monitoring System Inspection Report on board the vessel at all times the vessel is required to provide an approved video monitoring system. The Video Monitoring System Inspection Report must be made available to the observer, NMFS personnel, or to an authorized officer upon request. (7) How does a vessel owner make a change to the video monitoring system? (f) Vessel Monitoring System (VMS) Requirements What is a VMS? (2) How are VMS transmitters and communications service providers approved by NMFS? Federal Register. (ii) Transmitter manufacturers or communication service providers may submit products or services to NMFS for evaluation based on the published specifications. (iii) NMFS will publish a list of NMFS-approved transmitters and communication service providers in the Federal Register. Federal Register. (3) What are the vessel owner's responsibilities? (i) Obtain a NMFS-approved VMS transmitter with transmission capabilities required for the areas of vessel operation and have it installed onboard your vessel in accordance with the instructions provided by NMFS. You may get a copy of the VMS installation and operation instructions from the Regional Administrator upon request. (ii) Activate the VMS transmitter and receive confirmation from NMFS that the VMS transmissions are being received before engaging in operations when a VMS is required. (iii) Continue the VMS transmissions until no longer engaged in operations requiring VMS. (iv) Stop fishing immediately if: (A) Informed by NMFS staff or an authorized officer that NMFS is not receiving position reports from the VMS transmitter, or (B) The vessel operator determines that the VMS is not transmitting properly. (v) Make the VMS transmitter available for inspection by NMFS personnel, observers or an authorized officer. (vi) Ensure that the VMS transmitter is not tampered with, disabled, destroyed or operated improperly. (vii) Pay all charges levied by the communication service provider. (4) What must the vessel owner do before activating a VMS transmitter for the first time? If you are a vessel owner who must use a VMS and you are activating a VMS transmitter for the first time, you must: (i) Register the vessel's VMS unit with an appropriate service provider; (ii) [Reserved] (iii) Call OLE at 907-586-7225, Monday through Friday, between the hours of 0800 hours, A.l.t., and 1630 hours, A.l.t., at least 72 hours before leaving port and receive confirmation that the transmissions are being received. (5) What must the vessel owner do when the vessel replaces a VMS transmitter? (6) When must the VMS transmitter be transmitting? (i) You operate a vessel in any reporting area (see definitions at § 679.2) off Alaska while any fishery requiring VMS, for which the vessel has a species and gear endorsement on its Federal Fisheries Permit under § 679.4(b), is open. (ii) You operate a vessel required to be federally permitted in reporting areas located in the Aleutian Islands subarea or operate a federally permitted vessel in adjacent State waters; (iii) You operate a vessel required to be Federally permitted with non-pelagic trawl or dredge gear onboard in reporting areas located in the GOA or operate a federally permitted vessel with non-pelagic trawl or dredge gear onboard in adjacent State waters; (iv) When that vessel is required to use functioning VMS equipment in the Rockfish Program as described in § 679.7(n)(3); (v) You operate a vessel in federal reporting areas 610, 620, or 630, and receive and process groundfish from other vessels; (vi) You operate an Amendment 80 catcher/processor (see § 679.5(s)); (vii) You are fishing for IFQ sablefish in the Bering Sea or Aleutian Islands (see § 679.42(k)); (viii) You are fishing for IFQ sablefish in the GOA using longline pot gear (see § 679.42(l)) or fishing for IFQ or CDQ halibut or CDQ sablefish in the BSAI using pot gear (see § 679.42(m)); or (ix) You are required under the Crab Rationalization Program regulations at 50 CFR 680.23(d). (x) You operate a vessel named, or required to be named, on an SFFP issued under § 679.114 in the waters of Cook Inlet during a calendar day when directed fishing for salmon using drift gillnet gear is open in the Cook Inlet EEZ Area and have drift gillnet gear on board or deployed. (7) What additional requirements does an operator have if trawling in the Aleutian Islands reporting areas? (g) Catch monitoring and control plan requirements (CMCP) What is a CMCP? (2) Who is required to prepare and submit a CMCP for approval? (i) AFA and CDQ pollock, (ii) AI directed pollock, (iii) Rockfish Program, unless those fish are harvested under the rockfish entry level longline fishery as described under § 679.83. (iv) Any shoreside processor or stationary floating processor receiving any delivery from catcher vessels or tender vessels in the trawl EM category as defined at § 679.2. (3) How is a CMCP approved by NMFS? (4) How is a CMCP inspection arranged? (i) Name of the person submitting the application and the date of the application; (ii) Address, telephone number, and email address of the person submitting the application; and (iii) A proposed CMCP detailing how the processor will meet each of the applicable performance standards in paragraphs (g)(7) through (10) of this section. (5) For how long is a CMCP approved? (6) How do I make changes to my CMCP? (i) Name of the person submitting the addendum; (ii) Address, telephone number, and email address of the person submitting the addendum; and (iii) A complete description of the proposed CMCP change. (7) Catch monitoring and control standards. (i) Catch sorting and weighing requirements. (ii) Scales used for weighing groundfish. (iii) Scale testing procedures. (A) Describes the procedure the plant will use to test the scale; (B) Lists the test weights and equipment required to test the scale; (C) Lists where the test weights and equipment will be stored; and (D) Lists the plant personnel responsible for conducting the scale testing. (iv) Printed record. (v) Delivery point. (vi) Observation area. (A) Access to the observation area. (B) Monitoring the flow of fish. (vii) Scale Drawing of the Plant. (A) The delivery point; (B) Flow of fish; (C) The observation area; (D) The observer sampling station described in paragraph (g)(7)(ix) of this section; (E) The location of each scale used to weigh catch; (F) Each location where catch is sorted including the last location where sorting could occur; and (G) Information to meet other requirements of this part, if requested by NMFS. (viii) Reasonable assistance. (ix) Observer sampling station. (A) Location of observer sampling station. 1 ( 2 ( 3 (B) Proximity of observer sampling station. (C) Minimum workspace requirements. (D) Clear, unobstructed passage. (E) Table. (F) Observer Platform scale. (G) Lockable cabinet. (x) Communication with observer. (A) Daily schedule of expected landings; (B) Vessel name; (C) Identify which management areas the vessel was operating in; (D) If the delivering vessel is operating under the trawl EM category; (E) Estimated tonnage onboard the vessel; (F) If there is a deckload; (G) Estimated start time of each vessel offload; (H) Estimated time to complete the offload; (I) If the vessel offload will be interrupted for any reason; and (J) Any other information required by the applicable CMCP or VMP. (xi) Processor liaison. (A) Orienting new observer(s) to the plant and providing a copy of the NMFS-approved CMCP and any subsequent addendums or revisions; and (B) Assisting in the resolution of observer(s) concerns. (8) Rockfish Program. (i) Rockfish CMCP specialist notification. (ii) [Reserved] (9) Processors receiving AFA pollock, CDQ pollock, and trawl EM category deliveries. (i) Salmon storage container. (B) The observer(s) must have a clear, unobstructed view of the salmon storage container to ensure no salmon of any species are removed without the observer's knowledge; (C) The CMCP must describe the process of sorting and storing salmon; and (D) The scale drawing of the plant must include the location of the salmon storage container. (ii) Salmon sorting and handling practices. (B) If, at any point during the offload, salmon are too numerous to be contained in the salmon storage container, cease the offload and all sorting and give the observer(s) the opportunity to count and collect scientific data or biological samples from all salmon in the storage bin. The counted salmon then must be removed from the area by plant personnel in the presence of the observer(s); (C) At the completion of the offload, give the observer(s) the opportunity to count the salmon and collect scientific data or biological samples; (D) When receiving deliveries of pollock from the Bering Sea or CDQ pollock fisheries, give the observer(s) the opportunity to complete the count of salmon and the collection of scientific data or biological samples from the previous offload of catch before sorting of the next offload of any catch may begin. When the observer(s) has completed all counting and sampling duties for the offload, plant personnel must remove the salmon in the presence of the observer(s), from the salmon storage container and location where salmon are counted and biological samples or scientific data are collected; and (E) Regarding deliveries of pollock from the Gulf of Alaska or Aleutian Islands, the observer(s) must be given the opportunity to complete the count of salmon and the collection of scientific data or biological samples from all offloads selected for monitoring. When the observer(s) has completed all counting and sampling duties for the offload, plant personnel must remove the salmon in the presence of the observer(s), from the salmon storage container and location where salmon are counted and biological samples or scientific data are collected. (iii) Observer sample collection point. (A) The observer sample collection point (see paragraph (g)(7)(ix)(A)( 3 (B) The scale drawing of the plant, specified at paragraph (g)(7)(vii) of this section, must include the location of the observer sample collection point. (iv) Observer sampling scales and test weights. (B) Provide observer sampling scales that are accurate and within the limits specified in paragraph (c)(4)(v) of this section; (C) Test weights must be made available for the observer(s) use, be kept in good condition, be made of stainless steel or other corrosion-resistant material, and must meet requirements specified in paragraph (c)(4)(iii) of this section; (D) List the serial numbers of the test weights to be used to test the observer sampling scale in the CMCP; and (E) The CMCP must identify where the test weights will be stored. Test weights must be stored within the observer sampling station or reasonable assistance must be provided upon observer(s) request to move the weights from the storage location to the observer sampling scale. (10) AFA pollock and CDQ pollock. (i) Ensure no salmon of any species pass beyond the last point where sorting of fish occurs, as identified in the scale drawing of the plant, paragraph (g)(7)(vii) of this section, in the CMCP; (ii) The CMCP must describe the process that will be used to sort salmon, including the procedures for handling salmon that have passed beyond the last point where sorting of fish occurs; and (iii) Meet all salmon handling requirements as described in (g)(9) of this section. (h) ELB software How do I get my ELB software approved by NMFS? Specifications. (A) Catcher vessel longline or pot gear (see § 679.5(c)(3)); (B) Catcher/processor longline or pot gear (see § 679.5(c)(3)); (C) Catcher vessel trawl gear (see § 679.5(c)(4)); and (D) Catcher/processor trawl gear (see § 679.5(c)(4)). (ii) ELB submittal package. (A) A fully operational test copy of the software; and (B) An application for ELB-approval giving the following information (see paragraphs (h)(1)(ii)(B)( 1 3 ( 1 ( 2 ( 3 (C) Copies of all manuals and documentation for the software. (iii) ELB approval. (A) Has fields for the entry of all information required for a paper DFL or DCPL as described in § 679.5(c)(3) and (4), as appropriate. (B) The software must automatically time and date stamp each printed copy of the ELB logsheet and ELB discard report and clearly identify the first printed copy as an original. If any changes are made to the data in the ELB, subsequent printed copies must clearly be identified as revised. The software must be designed to prevent the operator from overriding this feature. (C) The software must export data as an ASCII comma delimited text file, xml file, or other format approved by NMFS. (D) The software must integrate with the vessel's global positioning system (GPS) to allow vessel location fields to be completed automatically. (E) When the software is started, it must clearly show the software version number. (F) The software must be designed to facilitate the transfer of an export file to NMFS as an email attachment. (G) The software must be designed to ensure that an operator can comply with the requirements for ELB use as described in § 679.5(f). (H) The software must include sufficient data validation capability to prevent a submitter from accidentally transmitting a data file or printing an ELB logsheet that is incomplete or contains clearly erroneous data. (2) What if I need to make changes to NMFS-approved ELB software? NMFS-instigated changes. (ii) Developer-instigated changes. (iii) NMFS-approved ELB changes. (A) Give the revised software a new version number; (B) Notify all known ELB users of the software that a new version is available; and (C) Ensure that the ELB users are provided with a revised copy within 15 days of notification. (i) Bin monitoring Bin monitoring standards. (i) Option 1—No crew in bin or tank. (A) The flow of fish has been stopped between the tank and the location where the observer samples unsorted catch; (B) All catch has been cleared from all locations between the tank and the location where the observer samples unsorted catch; (C) The observer has been given notice that the vessel crew must enter the tank; and either (D) The observer is given the opportunity to observe the activities of the person(s) in the tank; or (E) The observer informs the vessel operator, or his designee, that all sampling has been completed for a given haul, in which case crew may enter a tank containing fish from that haul without stopping the flow of fish or clearing catch between the tank and the observer sampling station. (ii) Option 2—Video monitoring system option. (A) Records and retains all video for all periods when fish are inside the bin; and (B) Provides sufficient resolution and field of view to see crew activities from any location within the tank where crew could be located. (2) Who must have a bin monitoring option inspection? (3) How does a vessel owner arrange for a bin monitoring option inspection? https://alaskafisheries.noaa.gov (4) Where will bin monitoring option inspections be conducted? (5) Bin monitoring option inspection report. (j) Video monitoring on catcher/processors and motherships in the BS pollock fishery, including pollock CDQ. (1) Record and retain video for all periods when fish are flowing past the sorting area or salmon are in the storage container. (2) The system must provide sufficient resolution and field of view to observe all areas where salmon are sorted from the catch, all crew actions in these areas, and discern individual fish in the salmon storage container. (k) Video monitoring in the longline catcher/processor subsector. (1) Record and retain video for all periods when Pacific cod are being sorted and weighed. (2) Provide sufficient resolution and field of view to monitor all areas where Pacific cod are sorted from the catch, all fish passing over the motion-compensated scale, and all crew actions in these areas. (l) Video monitoring for halibut deck sorting. (1) Record and retain video for an entire trip when halibut deck sorting may occur; and (2) Provide sufficient resolution and field of view to monitor all areas on deck where halibut may be sorted from the catch and discarded, and all crew actions in these areas. [63 FR 5843, Feb. 4, 1998] Editorial Note: For Federal Register www.govinfo.gov. Subpart C—Western Alaska Community Development Quota Program § 679.30 [Reserved] § 679.31 CDQ and PSQ reserves, allocations, and transfers. (a) CDQ, PSQ, and CDQ ABC reserves Groundfish CDQ reserves. (2) Halibut CDQ reserve (ii) The proportions of the halibut catch limit annually withheld for the halibut CDQ program, exclusive of issued QS, are as follows for each IPHC regulatory area (see Figure 15 to this part): (A) Area 4B. (B) Area 4C. (C) Area 4D. (D) Area 4E. (3) Crab CDQ reserves. (4) PSQ reserve. (5) CDQ ABC reserves. (b) Allocations of CDQ, PSQ, and CDQ ABC reserves among the CDQ groups Annual allocations of groundfish, halibut, and crab CDQ reserves among the CDQ groups. (2) Annual allocations of nontarget groundfish species among the CDQ groups. (3) Annual allocations of PSQ reserves among the CDQ groups. Federal Register (4) Annual allocations of CDQ ABC reserves among the CDQ groups. (ii) An amount equivalent to 0.7 percent of the ABC reserve for flathead sole, rock sole, and yellowfin sole as determined under the annual harvest specifications at § 679.20(c) shall be allocated among the CDQ groups by the panel established in section 305(i)(1)(G) of the Magnuson-Stevens Act. (c) Transfers. (d) Accessing CDQ ABC reserves. [77 FR 6498, Feb. 8, 2012, as amended at 79 FR 56681, Sept. 23, 2014; 81 FR 24733, Apr. 27, 2016] § 679.32 Groundfish and halibut CDQ catch monitoring. (a) Applicability. (b) PSQ catch. Federal Register. (c) Fisheries monitoring requirements and catch accounting sources for vessels sablefish, pollock, or groundfish CDQ fishing Sablefish CDQ fishing with fixed gear. (i) Observer coverage. (ii) Data sources used for CDQ catch accounting. (A) Sablefish CDQ. (B) Groundfish CDQ. (2) Pollock CDQ fishing Operational requirements for catcher/processors and motherships. (A) Comply with observer coverage requirements at § 679.51(a)(2). (B) Notify the observers of CDQ catch before CDQ catch is brought onboard the vessel and notify the observers of the CDQ group and CDQ number associated with the CDQ catch. (C) Comply with the catch weighing and observer sampling station requirements at § 679.63(a). (ii) Data sources used for CDQ catch accounting Catcher/processors and motherships. (B) Catcher vessels delivering to shoreside processors. (3) Groundfish CDQ fishing Operational requirements Catcher vessels using trawl gear and delivering sorted catch to a processor. ( 1 ( 2 ( 3 ( 4 (B) Catcher/processors using trawl gear. ( 1 ( 2 ( 3 (C) Motherships taking deliveries of unsorted codends. ( 1 ( 2 ( 3 ( 4 (D) Observed catcher vessels using nontrawl gear. (E) Catcher/processors using nontrawl gear. ( 1 4 ( 2 ( 3 ( 4 (ii) Data sources used for CDQ catch accounting. (A) Catcher vessels delivering unsorted codends. (B) Observed catcher vessels using trawl gear. (C) Catcher/processors and motherships using trawl gear. (D) Observed catcher vessels using nontrawl gear. (E) Catcher/processors using nontrawl gear. (iii) Groundfish CDQ fishing by catcher vessels less than or equal to 46 ft LOA using hook-and-line gear Applicability. (B) Halibut CDQ or halibut IFQ. ( 1 ( 2 ( 3 (C) Halibut PSC. ( 1 ( 2 Small catcher vessel halibut PSC limit. ( 3 Fishery closures. Federal Register Federal Register (d) Monitoring requirements for shoreside processors and stationary floating processors Requirements for processors taking deliveries of pollock CDQ Catch weighing. (ii) Catch monitoring and control plan. (iii) Comply with observer coverage requirements at § 679.51(b)(2). (2) Requirements for processors taking deliveries of groundfish CDQ. (i) Comply with observer coverage requirements at § 679.51(b)(1). (ii) Provide prior notice to observer of offloading schedule. (iii) CDQ and PSQ by weight. (iv) PSQ by number. (v) CDQ and PSQ sorting and weighing. (e) Use of non-CDQ harvest regulations for vessels in voluntary fishing cooperatives Applicability. (2) Who may apply? (3) Application process Application documents. (A) Application form. www.alaskafisheries.noaa.gov. (B) Cooperative contract or affidavit. (ii) Application submission. (iii) Submittal and duration Submittal. (B) Duration. (iv) NMFS review. (v) NMFS determinations and administrative appeal. (vi) Amendments. [77 FR 6499, Feb. 8, 2012, as amended at 77 FR 59060, Sept. 26, 2012; 77 FR 70091, Nov. 21, 2012; 81 FR 26744, May 4, 2016; 83 FR 30532, June 29, 2018; 84 FR 55053, Oct. 15, 2019; 88 FR 77231, Nov. 9, 2023] § 679.33 CDQ cost recovery. (a) Cost Recovery Fee Program for CDQ groundfish and halibut Who is Responsible? (i) Subsequent transfer, under § 679.31(c), of a CDQ allocation by a CDQ group does not affect the CDQ group representative's liability for noncompliance with this section. (ii) Changes in amount of a CDQ allocation to a CDQ group do not affect the CDQ group representative's liability for noncompliance with this section. (2) Fee collection. (3) Payment Payment due date. (ii) Payment recipient. (iii) Payment address. http://alaskafisheries.noaa.gov. (iv) Payment method. (b) CDQ standard ex-vessel value determination and use General. (2) CDQ standard prices General. Federal Register (ii) Effective duration. (iii) Determination. (A) CDQ halibut and CDQ fixed gear sablefish. ( 1 ( 2 ( 3 (B) CDQ Pacific cod. (C) CDQ pollock. (D) Other CDQ groundfish including sablefish caught with trawl gear. 1 ( 2 ( 3 (c) CDQ fee percentage Established percentage. Federal Register (2) Calculating fee percentage value. (i) Factors. (A) The catch to which the CDQ groundfish and halibut cost recovery fee will apply; (B) The ex-vessel value of that catch; and (C) The costs directly related to the management, data collection, and enforcement of the CDQ Program for groundfish and halibut. (ii) Methodology. (A) DPC = the direct program costs for the CDQ Program for groundfish and halibut for the most recent Federal fiscal year (October 1 through September 30) with any adjustments to the account from payments received in the previous year. (B) V = total of the CDQ standard ex-vessel value of the catch subject to the CDQ fee liability for the current year. (3) Publication General. Federal Register (ii) Effective period. (4) Applicable percentage. (5) Fee liability determination for a CDQ group. (ii) The CDQ fee assessed to a CDQ group will be based on the proportion of the standard ex-vessel value of CDQ groundfish and halibut debited from a CDQ group's allocation relative to all CDQ groups during a calendar year as determined by NMFS. (iii) NMFS will provide a CDQ fee liability summary letter to each CDQ group representative by December 1 of each year. The summary will explain the CDQ fee liability determination including the current fee percentage, and details of CDQ pounds debited from the CDQ group allocations by permit, species, date, and prices. (d) Underpayment of fee liability (2) If a CDQ group representative fails to submit full payment for its CDQ fee liability by the date described in paragraph (a)(3) of this section, the Regional Administrator may: (i) At any time thereafter send an IAD to the CDQ group representative stating that the CDQ group's estimated fee liability, as indicated by his or her own submitted information, is the CDQ fee liability due from the CDQ group. (ii) Disapprove any application to transfer CDQ to or from the CDQ group in accordance with § 679.31(c). (3) If a CDQ group fails to submit full payment by December 31 of each year, the Regional Administrator will not issue allocations of CDQ groundfish and halibut to that CDQ group for the following calendar year. (4) Upon final agency action determining that a CDQ group representative has not paid the CDQ fee liability due for that CDQ group, the Regional Administrator may continue to not issue allocations of CDQ groundfish and halibut for that CDQ group for any subsequent calendar years until NMFS receives the unpaid fees. If payment is not received by the 30th day after the final agency action, the agency may pursue collection of the unpaid fees. (e) Over payment. (f) Appeals. (g) Annual report. [81 FR 167, Jan. 5, 2016] Subpart D—Individual Fishing Quota Management Measures § 679.40 Sablefish and halibut QS. The Regional Administrator shall annually divide the annual commercial fishing catch limit of halibut as defined in § 300.61 of this title and published in the Federal Register (a) Initial allocation of QS General. (2) Qualified person. (A) That owned a vessel that made legal landings of halibut or sablefish, harvested with fixed gear, from any IFQ regulatory area in any QS qualifying year; or (B) That leased a vessel that made legal landings of halibut or sablefish, harvested with fixed gear, from any IFQ regulatory area in any QS qualifying year. A person who owns a vessel cannot be a qualified person based on the legal fixed gear landings of halibut or sablefish made by a person who leased the vessel for the duration of the lease. (C) Who is a citizen of the United States at the time of application for QS. (D) Who is a corporation, partnership, association, or other non-individual entity that would have qualified to document a fishing vessel as a vessel of the United States during the QS qualifying years of 1988, 1989, and 1990. (ii) Qualified persons, or their successors-in-interest, must exist at the time of their application for QS. (iii) A former partner of a dissolved partnership or a former shareholder of a dissolved corporation who would otherwise qualify as a person may apply for QS in proportion to his or her interest in the dissolved partnership or corporation. (iv) Sablefish harvested within Prince William Sound, or under a State of Alaska limited entry program, will not be considered in determining whether a person is a qualified person. (3) Qualification for QS Year. (ii) Vessel ownership. (A) For vessels required to be documented under the laws of the United States, the USCG abstract of title issued in respect of that vessel. (B) A certificate of registration that is determinative as to vessel ownership. (C) A bill of sale. (iii) Vessel lease. (iv) Ownership interest. (v) Legal landing of halibut or sablefish Definition. (B) Documentation. (4) Calculation of initial QS Halibut QS. (ii) Sablefish QS. (iii) CDQ program. (5) Assignment of QS to vessel categories LOA. (ii) Vessel categories. (A) Category A QS and associated IFQ, which authorizes an IFQ permit holder to harvest and process IFQ species on a vessel of any length; (B) Category B QS and associated IFQ, which authorizes an IFQ permit holder to harvest IFQ species on a vessel of any length; (C) Category C QS and associated IFQ, which authorizes an IFQ permit holder to harvest IFQ species on a vessel less than or equal to 60 ft (18.3 m) LOA: (D) Category D QS and associated IFQ, which authorizes an IFQ permit holder to harvest IFQ halibut on a vessel less than or equal to 35 ft (10.7 m) LOA, except as provided in § 679.42(a). (iii) QS assignment. (A) To vessel category A if, at any time during his/her most recent year of participation, that person's vessel processed any groundfish or halibut caught with fixed gear. (B) To vessel category B if, at any time during his/her most recent year of participation, that person's vessel was greater than 60 ft (18.3 m) LOA and did not process any groundfish or halibut caught with fixed gear. (C) To each applicable vessel category in proportion to the landings of halibut or sablefish made by that person if, at any time during their most recent year of participation, that person used more than one vessel in different categories. (iv) Sablefish QS. (A) To vessel category C if, at any time during his/her most recent year of participation, that person's vessel was less than or equal to 60 ft (18.3 m) LOA and did not process any groundfish or halibut caught with fixed gear. (B) To the vessel category in which halibut and groundfish were landed, or vessel categories in proportion to the total fixed gear landings of halibut and groundfish, if, at any time during the most recent year of participation, that person's vessel(s) makes no landing(s) of sablefish. (v) Halibut QS. (A) To vessel category C if, at any time during his/her most recent year of participation, that person's vessel was less than or equal to 60 ft (18.3 m), but greater than 35 ft (10.7 m), LOA and did not process any groundfish or halibut caught with fixed gear. (B) To vessel category D if, at any time during his/her most recent year of participation, that person's vessel was less than or equal to 35 ft (10.7 m) LOA and did not process any groundfish or halibut caught with fixed gear. (C) To the vessel category in which groundfish were landed, or vessel categories in proportion to the total fixed gear landings of groundfish, if, at any time during the most recent year of participation, that person's vessel(s) makes no landing(s) of halibut. (vi) Both species QS. (6) Application for initial QS Application form. (ii) Application period. Federal Register (iii) Complete application. (7) Insufficient documentation. (8) Verified data. (9) Unverified data. (10) NMFS revokes inactive QS if the person holding inactive QS does not: (i) Respond in writing to NMFS, within 60 days after NMFS issues a Notice of Determination of Quota Share Inactivity (Inactive QS Notice) sent to the address of record as defined at § 679.43(e) of this part, requesting that the inactive QS not be revoked. Responses must be received by NMFS no later than the date contained on the Inactive QS Notice (ii) For purposes of paragraph (a)(10) of this section, “respond in writing” means write a statement directing NMFS to change the status of QS to “active” and sign and date the statement or complete the form attached to the Inactive QS Notice and send by U.S. Mail, courier, hand delivery, or facsimile to the NMFS, Alaska Region as provided on the Inactive QS Notice and printed on the front side of the form. The written response must be received by NMFS no later than the date contained on the Inactive QS Notice or if sent by mail, postmarked by that date. If delivered by hand or courier, the receiving date is the date the notice is stamped received by NMFS. (iii) For purposes of paragraph (a)(10) of this section, the term “inactive QS” means halibut QS or sablefish QS, held by a person who received an initial allocation of halibut QS or sablefish QS and has not taken any of the following actions: (A) Transferred any halibut QS or sablefish QS pursuant to § 679.41; (B) Transferred any halibut IFQ or sablefish IFQ pursuant to § 679.41; (C) Landed any halibut authorized by IFQ halibut permit(s) issued to that person; or (D) Landed any sablefish authorized by IFQ sablefish permit(s) issued to that person. (b) Annual allocation of IFQ and RFQ. (c) Calculation of annual IFQ and RFQ allocations General. IFQ pa a a pa a pa pa. (ii) The annual allocation of sablefish IFQ to any person (person p) in any IFQ regulatory area (area a) will be equal to the product of the TAC of sablefish by fixed gear for that area (after adjustment for purposes of the Western Alaska CDQ Program) and that person's QS divided by the QS pool for that area. Overage adjustments will be subtracted from a person's IFQ pursuant to paragraph (d) of this section; underage adjustments will be added to a person's IFQ pursuant to paragraph (e) of this section. Expressed algebraically, the annual IFQ allocation formula is as follows: IFQ pa a a pa a pa pa. (2) QS amounts. (3) IFQ permit. (4) RFQ allocation to RQE RQE QS amounts. (ii) Calculation of RFQ. RFQ ra a ra a (iii) Excess RFQ. (A) Calculate the annual allocation of halibut RFQ to the RQE as specified in paragraph (c)(4)(ii) of this section; and (B) Determine the amount of RFQ needed to supplement the annual guided sport catch limit from the CSP in Area 2C and Area 3A (described in § 300.65(c) of this title) to account for charter fishery harvests under the charter fishery management measures specified in the annual management measures and issue that amount of RFQ to the RFQ permit account. (C) Calculate the amount of excess RFQ by subtracting the amount of RFQ issued as determined in paragraph (c)(4)(iii)(B) of this section from the annual calculation of RFQ halibut to the RQE as calculated in paragraph (c)(4)(iii)(A) of this section. (iv) Redistribution of excess RFQ. (A) 50 percent to all catcher vessel QS holders in the applicable area who held not more than 32,333 QS units in Area 2C, and 47,469 QS units in Area 3A in the current calendar year and in the calendar year prior to the redistribution, in proportion to their QS holdings; and (B) 50 percent divided equally among all CQEs that held halibut QS in the applicable IFQ regulatory area (Area 2C or Area 3A) in the current calendar year and in the calendar year prior to the redistribution. If no CQE held QS in the applicable IFQ regulatory area (Area 2C and Area 3A) in the current calendar year and in the calendar year prior to the redistribution, that RFQ will not be redistributed as IFQ and will not be available for use by any CQE, IFQ permit holder, or RQE in that calendar year. (d) Ten-percent adjustment policy. (e) Underages. (f) Harvesting privilege. (g) External research tags for halibut and sablefish. (i) A Pacific halibut landed pursuant to § 300.62 of this title and to this part 679; or (ii) A sablefish landed in accordance with the Tagged Groundfish Research Program, and in compliance with all sablefish requirements of this part 679. (2) Halibut and sablefish bearing an external research tag from any state, Federal, or international agency, landed pursuant to paragraph (g)(1)(i) or (g)(1)(ii) of this section, and in accordance with § 679.5(l), shall be excluded from IFQ or CDQ deduction as follows: (i) The fish shall not be calculated as part of a person's IFQ harvest of halibut or sablefish and shall not be debited against a person's halibut IFQ or a person's sablefish IFQ; or (ii) The fish shall not be calculated as part of the CDQ harvest of halibut or sablefish and shall not be debited against a CDQ group's halibut CDQ or a CDQ group's sablefish CDQ. (iii) The fish will not be calculated as part of the recreational harvest of halibut and will not be debited against the RFQ permit account or the annual guided sport catch limit as defined in § 300.61 of this title. (h) Properly debited landing Permit holder's account. (2) Properly debited account. (3) Source of debit. (i) Unprocessed landing. 6 (ii) Processed landing. (iii) Landed RFQ. [61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 FR 41525, Aug. 9, 1996; 61 FR 43314, Aug. 22, 1996; 62 FR 59299, Nov. 3, 1997; 66 FR 27910, May 21, 2001; 67 FR 4133, Jan. 28, 2002; 71 FR 36492, June 27, 2006; 72 FR 44809, Aug. 9, 2007; 73 FR 76166, Dec. 15, 2008; 76 FR 40633, July 11, 2011; 77 FR 29563, May 18, 2012; 78 FR 75893, Dec. 12, 2013; 83 FR 47831, Sept. 21, 2018] § 679.41 Transfer of quota shares and IFQ. (a) General. (2) Transactions requiring IFQ permits to be issued in the name of a hired master employed by an individual or a corporation are not transfers of QS or IFQ. (3) Any transaction involving a transfer between IFQ and guided angler fish (GAF), as defined in § 300.61 of this title, is governed by regulations in § 300.65(c) of this title. (b) Transfer procedure Application for transfer. (2) QS or IFQ accounts. (c) Application for Transfer approval criteria. (1) The person applying for transfer received the QS or IFQ to be transferred: (i) By initial assignment by the Regional Administrator as provided in § 679.40(a); or (ii) By approved transfer. (2) The person applying to receive the QS or IFQ meets the requirements of eligibility in paragraph (d) of this section. (3) The person applying for transfer and the person applying to receive the QS or IFQ have their signatures on the Application for Transfer. (4) There are no fines, civil penalties, or other payments due and owing, or outstanding permit sanctions, resulting from Federal fishery violations involving either person. (5) The person applying to receive the QS or IFQ currently exists. (6) The transfer would not cause the person applying to receive the QS or IFQ to exceed the use limits in § 679.42 (e) or (f). (7) The transfer would not violate the provisions of paragraph (g) of this section. (8)(i) The person applying to make or receive the IFQ or QS transfer has paid all IFQ fees that have become due as a result of an initial administrative determination. (ii) The person applying to make or receive the IFQ or QS transfer who has not paid all IFQ fees that are due (as provided under § 679.45(a)) has timely appealed the administrative determination that IFQ fees have not been paid in full and has submitted to NMFS an amount sufficient to satisfy any disputed liability pending a final agency action. (9) Other pertinent information requested on the Application for Transfer has been supplied to the satisfaction of the Regional Administrator. (10) If the person applying to transfer or receive QS or IFQ is a CQE, the following determinations are required for each eligible community represented by that CQE: (i) An individual applying to receive IFQ from QS held by a CQE is an eligible community resident of the eligible community in whose name the CQE is holding QS; (ii) The CQE applying to receive or transfer QS, has submitted a complete annual report required by § 679.5 (t); (iii) The CQE applying to transfer QS has provided information on the reasons for the transfer as described in paragraph (g)(7) of this section; (iv) The CQE applying to receive QS is eligible to hold QS on behalf of the eligible community in the halibut or sablefish regulatory area designated for that eligible community in Table 21 to this part; and (v) The CQE applying to receive QS has received notification of approval of eligibility to receive QS/IFQ for that community as described in paragraph (d)(1) of this section. (11) If the person applying to receive or transfer QS is an RQE, the following determinations are required: (i) The RQE applying to receive or transfer QS, has submitted the timely and complete annual report required by § 679.5(v); (ii) The RQE applying to receive QS is eligible to hold QS on behalf of the charter halibut sector in IFQ regulatory area 2C or 3A; and (iii) The RQE applying to receive QS has received notification of approval of eligibility to receive QS on behalf of the charter halibut sector in IFQ regulatory area 2C or 3A as described in paragraph (d)(1) of this section. (12) The person applying to receive QS assigned to vessel category B, C, or D is not a corporation, partnership, association, or other non-individual entity, except as specified in paragraph (g)(3) of this section. (13) If the person applying to receive halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory areas 4B, 4C, or 4D is a CDQ group, the following determinations are required: (i) The CDQ group applying to receive halibut IFQ for an IFQ regulatory area receives an annual allocation of halibut CDQ for that IFQ regulatory area pursuant to § 679.31(b)(1); (ii) The QS holder applying to transfer halibut IFQ to a CDQ group has not transferred any halibut IFQ assigned to vessel categories B, C, or D for that IFQ regulatory area to a CDQ group during the last two consecutive fishing years; (iii) If the IFQ to be transferred to a CDQ group results from QS that was transferred to the QS holder after December 14, 2015, the QS holder applying to transfer halibut IFQ to a CDQ group has held the underlying QS for that IFQ for a minimum of 3 years from the date NMFS approved the transfer; (iv) If the IFQ to be transferred to a CDQ group is assigned to vessel categories B, C, or D in IFQ regulatory area 4B, the QS holder applying to transfer that halibut IFQ to a CDQ group holds fewer than 76,355 halibut QS units in IFQ regulatory area 4B; and (v) The CDQ group applying to receive halibut IFQ has submitted a complete report if required to do so by § 679.5(w). (d) Eligibility to receive QS or IFQ by transfer Application for Eligibility. (i) An Application for Eligibility is not required for a CQE if a complete application to become a CQE, as described in paragraph (l)(3) of this section, has been approved by the Regional Administrator on behalf of an eligible community. (ii) An Application for Eligibility is not required for a CDQ group. (2) Type of eligibility. (i) An individual; or (ii) A corporation, partnership, or other non-individual entity. (3) Application filing order. (4) Notification of approval. (5) Notification of disapproval. (i) The disapproved Application for Eligibility. (ii) An explanation of why the Application for Eligibility was not approved. (6) Reasons for disapproval. (i) Fewer than 150 days of experience working as an IFQ crew member, unless that person attests in the Application for Eligibility that he or she is an eligible community resident of Adak, AK, who will receive only halibut IFQ in regulatory area 4B or sablefish IFQ in the regulatory area of the Aleutian Islands subarea that is derived from QS held by a CQE on behalf of Adak, AK. (ii) Lack of compliance with the U.S. citizenship or corporate ownership requirements specified by the definition of “person” at § 679.2. (iii) An incomplete Application for Eligibility. (iv) Fines, civil penalties, or other payments due and owing, or outstanding permit sanctions, resulting from Federal fishery violations. (e) Transfers of QS blocks General. (2) Sablefish. (i) Southeast Outside district: 33,270 QS. (ii) West Yakutat district: 43,390 QS. (iii) Central GOA regulatory area: 46,055 QS. (iv) Western GOA regulatory area: 48,410 QS. (v) Aleutian Islands subarea: 99,210 QS. (vi) Bering Sea subarea: 91,275 QS. (3) Halibut. (i) Area 2C: 33,320 QS. (ii) Area 3A: 46,520 QS. (iii) Area 3B: 44,193 QS. (iv) Subarea 4A: 22,947 QS. (v) Subarea 4B: 15,087 QS. (vi) Subarea 4C: 30,930 QS. (vii) Subarea 4D: 26,082 QS. (viii) Subarea 4E: 0 QS. (f) Transfer of QS or IFQ with restrictions. (1) The person who received the QS or IFQ with restrictions meets the eligibility requirements of this section and the Regional Administrator approves an Application for Eligibility for that person; or (2) The Regional Administrator approves the Application for Transfer from the person who received the QS or IFQ with restrictions to a person who meets the requirements of this section. (g) Transfer restrictions. (2) Except as provided in paragraph (g)(3) of this section, only persons who are IFQ crew members, and meet the other requirements in this section, may receive by transfer QS assigned to vessel categories B, C, or D, or the IFQ resulting from it, in IFQ regulatory area 2C for halibut or in the IFQ regulatory area east of 140° W. long. for sablefish. (3) Individuals who were initially issued QS assigned to vessel categories B, C, or D may transfer that QS to a corporation that is solely owned by the same individual. Such transfers of QS assigned to vessel categories B, C, or D in IFQ regulatory area 2C for halibut or in the IFQ regulatory area east of 140° W. long. for sablefish will be governed by the use provisions of § 679.42(i); the use provisions pertaining to corporations at § 679.42(j) shall not apply. (4) The Regional Administrator will not approve an Application for Transfer of QS assigned to vessel categories B, C, or D subject to a lease or any other condition of repossession or resale by the person transferring QS, except as provided in paragraphs (h) and (m) of this section, or by court order, operation of law, or as part of a security agreement. The Regional Administrator may request a copy of the sales contract or other terms and conditions of transfer between two persons as supplementary information to the transfer application. (5) A CQE may not hold QS in halibut IFQ regulatory area 2C that is assigned to vessel category D. (i) A CQE may not hold QS in halibut IFQ regulatory area 3A that is assigned to vessel category D on behalf of a community that is located in halibut IFQ regulatory areas 2C or 3B as listed in Table 21 to part 679. (ii) In aggregate, CQEs may not hold an amount of QS in halibut IFQ regulatory area 3A that is assigned to vessel category D in excess of 1,233,740 QS units. (6) IFQ derived from QS held by a CQE on behalf of an eligible community: (i) In the GOA may be used only by an eligible community resident of that community. (ii) In the Aleutian Islands subarea may be used by any person who has received an approved Application for Eligibility as described in paragraph (d) of this section prior to February 28, 2028 and only by an eligible community resident of Adak, AK, after February 28, 2028. (7) A CQE may transfer QS: (i) To generate revenues to provide funds to meet administrative costs for managing the community QS holdings; (ii) To generate revenue to improve the ability of residents within the community to participate in the halibut and sablefish IFQ fisheries; (iii) To generate revenue to purchase QS to yield IFQ for use by community residents; (iv) To dissolve the CQE; or (v) As a result of a court order, operation of law, or as part of a security agreement. (8) If the Regional Administrator determines that a CQE transferred QS for purposes other than those specified in paragraph (g)(7) of this section, then: (i) The CQE must divest itself of any remaining QS holdings and will not be eligible to receive QS by transfer for a period of three years after the effective date of final agency action on the Regional Administrator's determination; and (ii) The Regional Administrator will not approve a CQE to represent the eligible community in whose name the CQE transferred quota for a period of three years after the effective date of final agency action on the Regional Administrator's determination. (9) For transfers of QS to an RQE, the RQE may only receive halibut QS that is assigned to IFQ regulatory area 2C or 3A. (10) For transfers of QS from an RQE: (i) Quota category and block designations at time of purchase by an RQE are retained if QS is transferred to an eligible QS holder for use in the IFQ program. (ii) NMFS will not issue any IFQ from any QS transferred from an RQE to a QS holder for use in the IFQ program for a calendar year if that QS resulted in the issuance of RFQ to an RQE during that calendar year. (11)(i) To maintain eligibility as the RQE authorized by NMFS, the RQE must be a non-profit entity incorporated under the laws of the State of Alaska and recognized as exempt from Federal income tax by the Internal Revenue Service as required by paragraph (n)(1)(ii) of this section. (ii) If the Regional Administrator determines the RQE approved by NMFS does not meet the requirements specified in paragraph (n)(1) of this section, NMFS will notify the RQE of the Regional Administrator's determination and specify that the RQE has 60 days to meet the requirements in paragraph (n)(1) of this section to maintain eligibility as the RQE authorized by NMFS. (iii) If the RQE demonstrates to NMFS within 60 days of notification that it meets the requirements in paragraph (n)(1) of this section, NMFS will notify the RQE that it remains the authorized RQE. (iv) If the RQE does not demonstrate to NMFS within 60 days of notification that it meets the requirements in paragraph (n)(1) of this section, NMFS will issue an initial administrative determination (IAD): (A) Revoking authorization of the RQE; (B) Disallowing the RQE from receiving any QS by transfer; (C) Requiring the CQE to divest of any QS that it holds; and (D) Withholding the issuance of RFQ based on any QS that the RQE holds. (v) The RQE will have the opportunity to appeal the IAD through the National Appeals Office under the provisions established at 15 CFR part 906. (h) Transfer of IFQ. (2) IFQ resulting from categories B, C, or D QS may not be transferred separately from its originating QS, except as provided in paragraph (d), (f), (k), (l), (m), or (o) of this section. (i) Transfer across catcher vessel categories CDQ compensation. (2) CDQ compensation QS definition. (j) Compensation for CDQ allocations. (2) The Regional Administrator will compensate persons that receive a reduced sablefish QS in any BSAI IFQ regulatory area because of the sablefish CDQ program by taking sablefish QS from the IFQ regulatory areas of the GOA and allocating it in proportion to the loss suffered by persons in the BSAI area. Such additional compensation of sablefish QS will be allocated in proportion to the amount of sablefish QS foregone due to the CDQ allocation authorized by this section. (3) Persons initially issued QS for IFQ regulatory areas in which a portion of the TAC is allocated to the CDQ Program will be compensated for halibut and sablefish harvest privileges foregone due to the CDQ Program. If a person does not hold QS in an IFQ regulatory area on the date the compensation is issued, that person's compensation will be issued as unblocked. If a person does hold QS in an IFQ regulatory area on the date compensation is issued, that person's compensation will be added to their existing QS in that IFQ regulatory area. The resulting QS amount will be blocked or unblocked according to the criteria found at § 679.40(a). Compensation will be calculated for each non-CDQ area using the following formula: Q N C N CDQ TAC AVE C PCT Where: Q N Q C QSP N RATE = SUM CDQ TAC AVE QSP C CDQ PCT SUM CDQ AVE PCT SUM TAC AVE (k) Survivorship transfer privileges (2) QS holders may provide the Regional Administrator with the name of a designated beneficiary from the QS holder's immediate family to receive survivorship transfer privileges in the event of the QS holder's death and in the absence of a surviving spouse. (3) The Regional Administrator will approve an Application for Transfer of IFQ for a period of 3 calendar years following the date of death of an individual to a designated beneficiary. NMFS will allow the transfer of IFQ only resulting from the QS transferred to the surviving spouse or, in the absence of a surviving spouse, from a beneficiary from the QS holder's immediate family designated pursuant to paragraph (k)(2) of this section or from an estate representative to a person eligible to receive IFQ under the provisions of this section, notwithstanding the limitations on transfers of IFQ in paragraph (h)(2) of this section. (l) Transfer of QS to CQEs. (2) Each eligible community may designate only one CQE to hold QS on behalf of that community at any one time. (3) Prior to initially receiving QS by transfer on behalf of a specific eligible community, a non-profit entity that intends to represent that eligible community as a CQE must have approval from the Regional Administrator. To receive that approval, the non-profit entity seeking to become a CQE must submit a complete application to become a CQE to the Regional Administrator. The Regional Administrator will provide a copy of the complete application to the Alaska Department of Community and Economic Development, Commissioner, P.O. Box 110809, Juneau, AK 99811-0809. NMFS will consider comments received from the Alaska Department of Community and Economic Development when reviewing applications for a non-profit entity to become a CQE. The Alaska Department of Community and Economic Development must submit comments on an application to the Regional Administrator within 30 days of receipt of the application in order for those comments to be considered by the Regional Administrator during the approval process. If an application is disapproved, than that determination may be appealed under the provisions established at 15 CFR part 906. A complete application to become a CQE consists of: (i) The articles of incorporation under the laws of the State of Alaska for that non-profit entity, except that a non-profit entity that is representing the Metlakatla Indian Village may provide articles of incorporation under Federal Law; (ii) A statement indicating the eligible community, or communities, represented by that non-profit entity for purposes of holding QS; (iii) Management organization information, including: (A) The bylaws of the non-profit entity; (B) A list of key personnel of the managing organization including, but not limited to, the board of directors, officers, representatives, and any managers; (C) A description of how the non-profit entity is qualified to manage QS on behalf of the eligible community, or communities, it is designated to represent, and a demonstration that the non-profit entity has the management, technical expertise, and ability to manage QS and IFQ; and (D) The name of the non-profit organization, taxpayer ID number, NMFS person number, permanent business mailing addresses, name of contact persons and additional contact information of the managing personnel for the non-profit entity, resumes of management personnel, name of community or communities represented by the CQE, name of contact for the governing body of each community represented, date, name and signature of applicant. (iv) A statement describing the procedures that will be used to determine the distribution of IFQ to eligible community residents and non-residents of the community represented by that CQE, including: (A) Procedures used to solicit requests from eligible community residents and non-residents to lease IFQ; and (B) Criteria used to determine the distribution of IFQ leases among qualified community residents and non-residents and the relative weighting of those criteria. (v) A statement of support from the governing body of the eligible community as that governing body is identified in Table 21 to this part. That statement of support is: (A) A resolution from the City Council or other official governing body for those eligible communities incorporated as first or second class cities in the State of Alaska; (B) A resolution from the tribal government authority recognized by the Bureau of Indian Affairs for those eligible communities that are not incorporated as first or second class cities in the State of Alaska; but are represented by a tribal government authority recognized by the Secretary of the Interior; or (C) A resolution from a non-profit community association, homeowner association, community council, or other non-profit entity for those eligible communities that are not incorporated as first or second class cities in the State of Alaska, and is not represented by a tribal government authority recognized by the Bureau of Indian Affairs. The non-profit entity that provides a statement of support must: ( 1 ( 2 (D) If an eligible community is not incorporated as a first or second class city in the State of Alaska, is not represented by a tribal government authority recognized by the Secretary of the Interior, and does not have a non-profit community association, homeowner association, community council, or other non-profit entity within that community with an established relationship with the Alaska Department of Community and Economic Development for purposes of representing that community for purposes of governmental functions, then the Regional Administrator, NMFS, will not consider any statement from a non-profit entity representing that community until that community: ( 1 ( 2 ( 3 (E) If a community described under paragraph (l)(3)(v)(D) of this section establishes a non-profit community association, homeowner association, community council, or other non-profit entity within that community, then the Regional Administrator, NMFS, will consider any recommendations from this entity to support a particular applicant after reviewing: ( 1 ( 2 ( 3 (4) The governing body of an eligible community as that governing body is identified in Table 21 to this part, must provide authorization for any transfer of QS by the CQE that holds QS on behalf of that eligible community prior to that transfer of QS being approved by NMFS. This authorization must be submitted as part of the Application for Transfer. That authorization consists of a signature on the Application for Transfer by a representative of the governing body that has been designated by that governing body to provide such authorization to approve the transfer of QS. (m) Temporary military transfers. (1) General. (2) Eligibility. (i) Be a member of a branch of the National Guard or a member of a reserve component; (ii) Possess one or more catcher vessel IFQ permits; (iii) Not qualify for a hired master exception under § 679.42(i)(1); (iv) Be in active duty military service as that term is defined at 10 U.S.C. 101(d)(1), be under a call to active service authorized by the President or the Secretary for a period of more than 30 consecutive days under 32 U.S.C. 502(f), or in the case of a member of a reserve component, have been ordered to report for military service beginning on the date of the member's receipt of the order and ending on the date on which the member reports for active duty military service. (3) Application. https://www.fisheries.noaa.gov/region/alaska (i) The transferor's identity including his or her full name, NMFS person ID, date of birth, permanent business mailing address, business telephone and fax numbers, and e-mail address (if any). A temporary mailing address may be provided, if appropriate. (ii) The transferee's identity including his or her full name, NMFS person ID, date of birth, permanent business mailing address, business telephone and fax numbers, and e-mail address (if any). A temporary mailing address may be provided, if appropriate. (iii) The identification characteristics of the IFQ including whether the transfer is for halibut or sablefish IFQ, IFQ regulatory area, actual number of IFQ pounds, transferor (seller) IFQ permit number, and fishing year. (iv) Documentation of active military mobilization or deployment. This documentation must include the following: (A) A copy of official documentation such as valid military orders or call that direct the transferor to report to active duty military service, to mobilize for a military deployment, or to report to active service. (B) A concise description of the nature of the military deployment or active duty military service, including verification that the applicant is unable to participate in the IFQ fishery for which he or she holds IFQ permits during the IFQ season because of his/her active duty military service. (v) The signatures and printed names of the transferor and transferee, and date. (4) Restrictions. (ii) A temporary military transfer will be issued only for the IFQ derived from the QS held by the applicant. (5) Temporary military transfer evaluations and appeals Initial evaluation. (ii) Initial administrative determination (IAD). (n) Transfer of halibut QS to an RQE RQE organizational structure. (ii) The RQE must be a non-profit entity incorporated under the laws of the State of Alaska and recognized as exempt from Federal income tax by the Internal Revenue Service; and (iii) The RQE must submit an annual report to NMFS and the Council detailing RQE activities during the prior year according to § 679.5(v). (2) Application for Eligibility. https://alaskafisheries.noaa.gov/ (i) The articles of incorporation under the laws of the State of Alaska for that non-profit entity; (ii) Acknowledgement from the Internal Revenue Service that the non-profit entity is exempt from Federal income tax under section 501(a) of the Internal Revenue Code; and (iii) Management organization information, including: (A) The bylaws of the non-profit entity; (B) A list of key personnel of the managing organization including, but not limited to, the RQE board of directors, officers, representatives, and any managers; (C) A description of how the non-profit entity is qualified to manage QS on behalf of charter fishery participants and a demonstration that the non-profit entity has the management, technical expertise, and ability to manage QS and RFQ; (D) The name of the non-profit organization, taxpayer ID number, NMFS person number, permanent business mailing addresses, name of contact persons and additional contact information of the managing personnel for the non-profit entity, resumes of management personnel, name and signature of applicant; and (iv) A statement describing the procedures that will be used to determine the acquisition of funds to purchase QS. (3) Address for submittal of application. (4) Approval. (5) Disapproval. (o) Transfer of IFQ to CDQ groups. (2) A QS holder in IFQ regulatory areas 4C or 4D may transfer halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory areas 4C or 4D to a CDQ group that receives an allocation of halibut CDQ in that IFQ regulatory area if the annual commercial halibut catch limit, as defined in § 300.61 of this title, for Area 4CDE is less than 1.5 million pounds in that calendar year. (3) A QS holder must meet the requirements in paragraph (c)(13) of this section to transfer halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory areas 4B, 4C, or 4D to a CDQ group. (4) A CDQ group that receives halibut IFQ by transfer may not transfer that halibut IFQ to any other person. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.42 Limitations on use of QS and IFQ. (a) IFQ regulatory area and vessel category. (i) All or part of the QS and IFQ specified for regulatory area 4C may be harvested in either Area 4C or Area 4D. (ii) All or part of the halibut CDQ specified for regulatory area 4D may be harvested in either Area 4D or Area 4E. (iii) If a CDQ group is authorized to receive a transfer of halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory area 4D as specified in § 679.41(o) of this part, all or part of the halibut IFQ specified for regulatory area 4D that is held by or transferred to a CDQ group may be harvested in either Area 4D or Area 4E. (2) The QS or IFQ assigned to one vessel category must not be used to harvest IFQ species on a vessel of a different vessel category, except: (i) As provided in § 679.41(i)(1) of this part (CDQ compensation QS exemption); (ii) IFQ derived from QS held by a CQE may be used to harvest IFQ species from a vessel of any length, with the exception of IFQ derived from QS in IFQ regulatory areas 3A and 4B that are assigned to vessel category D. (A) Halibut IFQ derived from QS assigned to vessel category D in Area 3A that is held by a CQE located in Area 3A may be used to harvest IFQ halibut on a vessel less than or equal to 60 ft (18.3 m) LOA from August 15 to the end of the IFQ fishing season. (B) [Reserved] (iii) In IFQ regulatory areas 3B, 4B, and 4C, category D QS and associated IFQ authorizes an IFQ permit holder to harvest IFQ halibut on a vessel less than or equal to 60 ft (18.3 m) LOA. (iv) Halibut IFQ assigned to vessel category B, C, or D held by a CDQ group may not be used on a vessel over 51 feet LOA, irrespective of the vessel category assigned to the IFQ. (v) In IFQ regulatory areas 2C and 3A, RFQ held by an RQE may be harvested aboard charter vessels as defined at 50 CFR 300.61 of any size, regardless of the QS category from which that RFQ originated. (b) Gear IFQ Fisheries. (i) IFQ halibut. (ii) IFQ sablefish. (2) Seabird avoidance gear and methods. (c) Permit holder aboard requirement. (d) Emergency waivers and medical transfers. (1) Emergency waiver. (2) Medical transfers. (i) General. (A) He or she is unable to participate in the IFQ fishery for which he or she holds QS because of a medical condition that precludes participation by the QS holder; or (B) He or she is unable to participate in the IFQ fishery for which he or she holds QS because of a medical condition involving an immediate family member that requires the QS holder's full time attendance. (ii) Eligibility. (A) Possess one or more catcher vessel IFQ permits; and (B) Not qualify for a hired master exception under paragraph (i)(1) of this section. (iii) Application. https://alaskafisheries.noaa.gov/region/alaska (A) The applicant's (transferor's) identity including his or her full name, NMFS person ID, date of birth, permanent business mailing address, business telephone and fax numbers, and email address (if any). A temporary mailing address may be provided, if appropriate; (B) The recipient's (transferee's) identity including his or her full name, NMFS person ID, date of birth, permanent business mailing address, business telephone and fax numbers, and email address (if any). A temporary mailing address may be provided, if appropriate; (C) The identification characteristics of the IFQ including whether the transfer is for halibut or sablefish IFQ, IFQ regulatory area, actual number of IFQ pounds, transferor (seller) IFQ permit number, and fishing year; (D) The price per pound (including leases), or other method of compensation, and total amount paid for the IFQ in the requested transaction, including all fees; (E) The primary source of financing for the transfer, how the IFQ was located, and the transferee's (buyer's) relationship to the transferor (seller); (F) A written declaration from a health care provider as defined in § 679.2. The declaration must include: ( 1 ( 2 ( 3 (G) The signatures and printed names of the transferor and transferee, and date. (iv) Restrictions. (B) A medical transfer will be issued only for the IFQ derived from the QS held by the applicant; and (C) Except as provided for in paragraph (d)(2)(iv)(C)( 1 ( 1 ( 2 (v) Medical transfer evaluations and appeals Initial evaluation. (B) Initial administrative determinations (IAD). (e) Sablefish QS Use. (2) In the IFQ regulatory area east of 140° W. long., no person, individually or collectively, may use more than 688,485 units of sablefish QS for this area, except if the amount of a person's initial allocation of sablefish QS is greater than 688,485 units, in which case that person may not use more than the amount of the initial allocation. (3) No CQE may hold sablefish QS in the IFQ regulatory area of the Bering Sea subarea. (4) No CQE may hold more than: (i) 3,229,721 units of sablefish QS on behalf of any single eligible community in the GOA; or (ii) 4,789,874 units of sablefish QS on behalf of any single eligible community in the Aleutian Islands subarea. (5) In the IFQ regulatory area east of 140° W. long., no CQE may hold more than 688,485 units of sablefish QS for this area on behalf of any single eligible community. (6) In the aggregate, all CQEs are limited to holding a maximum of: (i) 21 percent of the total QS in each regulatory area specified in § 679.41(e)(2)(i) through (e)(2)(iv) of this part for sablefish. (ii) 15 percent of the total QS specified in § 679.41(e)(2)(v) of this part for sablefish. (7) No individual that receives IFQ derived from sablefish QS held by a CQE may hold, individually or collectively, more than 50,000 lb (22.7 mt) of IFQ sablefish derived from any sablefish QS source. (8) A CQE receiving category B or C sablefish QS through transfer and representing an eligible community: (i) In the GOA may lease the IFQ resulting from that QS only to an eligible community resident of the eligible community on whose behalf the QS is held; and (ii) In the Aleutian Islands subarea may lease the IFQ resulting from that QS to any person who has received an approved Application for Eligibility as described in § 679.41(d) prior to February 28, 2028, but only to an eligible community resident of Adak, AK, after February 28, 2028. (9) A CQE representing an eligible community in the Aleutian Islands subarea may receive by transfer or use sablefish QS only in the Aleutian Islands subarea. (f) Halibut QS use. (i) IFQ regulatory Area 2C. (ii) IFQ regulatory area 2C, 3A, and 3B. (iii) IFQ regulatory area 4A, 4B, 4C, 4D, and 4E. (2) No CQE may receive an amount of halibut QS on behalf of any single eligible community which is more than: (i) IFQ regulatory area 2C. (ii) IFQ regulatory area 2C, 3A, and 3B. (iii) IFQ regulatory area 4B. (3) No CQE may hold halibut QS in the IFQ regulatory areas 4A, 4C, 4D, and 4E. (4) A CQE representing an eligible community may receive by transfer or use QS only in the IFQ regulatory areas designated for that species and for that eligible community as described in Table 21 to this part. (5) In the aggregate, all CQEs are limited to holding a maximum of: (i) 21 percent of the total QS in each regulatory area specified in § 679.41(e)(3)(i) through (e)(3)(iii) of this part for halibut. (ii) 15 percent of the total QS specified in § 679.41(e)(3)(v) of this part for halibut. (6) No individual that receives IFQ derived from halibut QS held by a CQE, including GAF as defined in § 300.61 of this title, may hold, individually or collectively, more than 50,000 pounds (22.7 mt) of IFQ halibut, including IFQ halibut received as GAF, derived from any halibut QS source. (7) A CQE receiving category B, C, or D halibut QS through transfer: (i) In an IFQ regulatory area specified in § 679.41(e)(3)(i) through (e)(3)(iii) of this part may lease the IFQ resulting from that QS only to an eligible community resident of the eligible community represented by the CQE. (ii) In IFQ regulatory Area 4B may lease the IFQ resulting from that QS to any person who has received an approved Application for Eligibility as described in § 679.41(d) prior to February 28, 2028 but only to an eligible community resident of Adak, AK, after February 28, 2028. (8)(i) Annual transfer limits. (ii) Cumulative use limits. (iii) Vessel category restrictions. (B) The RQE may not hold halibut QS in IFQ regulatory area 3A that is assigned to vessel category D. (C) The RQE may not hold more than 265,524 units of halibut QS that is assigned to vessel category B in IFQ regulatory area 2C. (g) Limitations on QS blocks Number of blocks per species. (i) A person, individually or collectively, who holds unblocked QS for a species in an IFQ regulatory area, may hold only one QS block for that species in that regulatory area; and (ii) A CQE may hold no more than ten blocks of halibut QS in any IFQ regulatory area and no more than five blocks of sablefish QS in any IFQ regulatory area on behalf of any eligible community. (iii) The RQE may not receive: (A) Transfers of halibut QS blocks of less than or equal to 24,250 quota share units in IFQ regulatory area 2C. (B) Transfers of halibut QS blocks of less than or equal to 35,620 quota share units in IFQ regulatory area 3A. (2) Action by the Regional Administrator in Areas 3B and 4A. (i) Identify any halibut blocks that result in an allocation of more than 20,000 lb (9.1) mt of halibut IFQ, based on the 2004 TAC for fixed gear halibut in those areas and the QS pools for those areas as of January 31, 2004; and (ii) Divide those halibut blocks into one block of 20,000 lb (9.1 mt) and the remainder unblocked, based on the 2004 TAC for fixed gear halibut in those areas and the QS pools for those areas as of January 31, 2004. (3) Transfer of QS blocks. (4) Holding or to hold blocks of QS. For purposes of this section, “holding” or “to hold” blocks of QS means being registered by NMFS as the person who received QS by initial assignment or approved transfer. (h) Vessel limitations Halibut. (i) In IFQ regulatory area 2C, no vessel may be used to harvest more than 1 percent of the halibut catch limit for this area. (ii) No vessel may be used, during any fishing year, to harvest more than 50,000 lb (22.7 mt) of IFQ halibut derived from QS held by a CQE, and no vessel used to harvest IFQ halibut derived from QS held by a CQE may be used to harvest more IFQ halibut than the vessel use caps specified in paragraphs (h)(1) introductory text and (h)(1)(i) of this section. (iii) Notwithstanding the vessel use caps specified in paragraphs (h)(1) introductory text and (h)(1)(ii) of this section, vessel use caps do not apply to vessels harvesting IFQ halibut in IFQ regulatory Areas 4A, 4B, 4C, and 4D during the 2023 through 2027 fishing years. IFQ halibut harvested in regulatory Areas 4A, 4B, 4C, and 4D is excluded from the calculation of vessel use caps for IFQ regulatory Area 2C, 3A, or 3B during the 2023 through 2027 fishing years. (2) Sablefish. (i) In the IFQ regulatory area east of 140 degrees W. long., no vessel may be used to harvest more than 1 percent of the fixed gear TAC of sablefish for this area. (ii) No vessel may be used, during any fishing year, to harvest more than 50,000 lb (22.7 mt) of IFQ sablefish derived from QS held by a CQE, and no vessel used to harvest IFQ sablefish derived from QS and held by a CQE may be used to harvest more IFQ sablefish than the vessel use caps specified in paragraphs (h)(2) introductory text and (h)(2)(i) of this section. (3) Excess. (4) Liability. (i) Use of IFQ resulting from QS assigned to vessel category B, C, or D by individuals. (1) An individual who received an initial allocation of QS assigned to category B, C, or D does not have to be aboard the vessel on which his or her IFQ is being fished or to sign IFQ landing reports if that individual: (i) For a documented vessel, during the 12-month period previous to the application by the individual for a hired master permit, continuously owned a minimum 20-percent interest in the vessel as shown by the U.S. Abstract of Title issued by the U.S. Coast Guard that lists the individual as an owner and, if necessary to show 20-percent ownership for 12 months, additional written documentation; or (ii) For an undocumented vessel, during the 12-month period previous to the application by the individual for a hired master permit, continuously owned a minimum 20-percent interest in the vessel as shown by a State of Alaska license or registration that lists the individual as an owner and, if necessary to show the 20-percent ownership for 12 months, additional written documentation; and (iii) Is represented on the vessel by a hired master employed by that individual and permitted in accordance with § 679.4(d)(2). (iv) NMFS review of application for exemption Initial evaluation. (B) Initial administrative determinations (IAD). (v) Upon request by the Regional Administrator or an authorized officer, a person must submit additional written documentation necessary to establish the required minimum 20-percent interest in the vessel during the 12-month period previous to the application by the individual for a hired master permit. (2) Paragraph (i)(1) of this section does not apply to any individual who received an initial allocation of QS assigned to category B, C, or D and who, prior to April 17, 1997, employed a master to fish any of the IFQ issued to that individual, provided the individual continues to own the vessel from which the IFQ is being fished at no lesser percentage of ownership interest than that held on April 17, 1997, and provided that this individual has not acquired additional QS through transfer after September 23, 1997. (3) Paragraph (i)(1) of this section does not apply to individuals who received an initial allocation of QS assigned to vessel category B, C, or D for halibut in IFQ regulatory Area 2C or for sablefish QS in the IFQ regulatory area east of 140° W. long., and this exemption is not transferable. (4) The exemption provided in paragraph (i)(1) of this section may be exercised by an individual on a vessel owned by a corporation, partnership, association or other non-individual entity in which the individual is a shareholder, partner, or member, provided that during the 12-month period previous to the application by the individual for a hired master permit, the individual continuously maintained a minimum 20-percent ownership interest in the vessel owned by the corporation, partnership, association or other non-individual entity. For purposes of this paragraph, an individual's interest in a vessel is determined by the percentage ownership by the individual of a corporation, partnership, association or other non-individual entity that has an ownership interest in the vessel multiplied by the percentage of ownership of the vessel by the corporation, partnership, or other non-individual entity. (5) IFQ derived from QS held by a CQE must be used only by the individual whose IFQ permit account contains the resulting IFQ. (6) In the event of the total loss or irreparable damage to a vessel owned by an individual who qualifies for the exemption in paragraph (i)(1) of this section, the individual may remain exempt under paragraph (i)(1) of this section until December 31 of the year following the year in which the vessel was lost or damaged, provided that the individual meets the following requirements: (i) The loss or irreparable damage to the vessel was caused by an act of God, an act of war, a collision, an act or omission of a party other than the individual or agent of the individual, or any other event not caused by the willful misconduct of the individual or agent of the individual. (ii) The lost or irreparably damaged vessel is a commercial fishing vessel that was previously used to harvest halibut IFQ or sablefish IFQ of the individual who qualifies for the exemption in paragraph (i)(1) of this section; (iii) As part of the application for exemption, the individual submits to NMFS a copy of the USCG Form 2692 submitted to the USCG as specified in 46 CFR 4.05; and (iv) The individual is applying to use a hired master on a vessel in which the individual has a minimum 20-percent ownership interest as of the date of the application by the individual for a hired master permit. (7) In the event of temporary disablement of a vessel owned by an individual who qualifies for the exemption in paragraph (i)(1) of this section, the individual may remain exempt under paragraph (i)(1) of this section until December 31 of the year following the year in which the vessel was disabled, provided that the individual meets the following requirements: (i) The temporary disablement of the vessel results from repairs required by an accident that materially and adversely affected the vessel's seaworthiness or fitness for service, such as from sinking, grounding, or fire; (ii) The repairs from the accident require at least 60 days to be completed; (iii) The disabled vessel is a commercial fishing vessel that was previously used to harvest halibut IFQ or sablefish IFQ of the individual who qualifies for the exemption in paragraph (i)(1) of this section; (iv) The individual submits to NMFS a copy of the USCG Form 2692 submitted to the USCG as specified in 46 CFR 4.05; and (v) The individual is applying to use a hired master on a vessel in which the individual has a minimum 20-percent ownership interest as of the date of the application by the individual for a hired master permit. (8) Paragraphs (i)(1) and (i)(4) of this section do not apply to any QS assigned to vessel category B, C, or D received by transfer by any person described in paragraph (i)(1) after February 12, 2010, except a hired master may be used to harvest IFQ derived from QS blocks that were consolidated under § 679.41(e)(2) or (e)(3) after February 12, 2010, and before December 1, 2014. (j) Use of IFQ resulting from QS assigned to vessel category B, C, or D by corporations, partnerships, or other non-individual entities. (i) For a documented vessel, owns a minimum 20-percent interest in the vessel as shown by the U.S. Abstract of Title issued by the U.S. Coast Guard that lists the corporation, partnership, association, or other non-individual entity as an owner and, if necessary to prove the required percentage ownership, other written documentation; (ii) For an undocumented vessel, owns a minimum 20-percent interest in the vessel as shown by a State of Alaska vessel license or registration that lists the corporation, partnership, association, or other non-individual entity as an owner and, if necessary to show the required percentage ownership interest, other written documentation; and (iii) Is represented on the vessel by a hired master employed by that individual and permitted in accordance with § 679.4(d)(2). (2) The provision of paragraph (j)(1) of this section is not transferable and does not apply to QS assigned to vessel category B, C, or D for halibut in IFQ regulatory Area 2C or for sablefish in the IFQ regulatory area east of 140° W. long. that is transferred to a corporation, partnership, association, or other non-individual entity. Such transfers of additional QS within these areas must be to an individual pursuant to § 679.41(c) and be used pursuant to paragraphs (c) and (i) of this section. (3) A corporation, partnership, association, or other non-individual entity, except for a publicly held corporation, that receives an initial allocation of QS assigned to vessel category B, C, or D loses the exemption provided under this paragraph (j) on the effective date of a change in the corporation, partnership, association, or other non-individual entity from that which existed at the time of initial allocation. (4) For purposes of this paragraph (j), “a change” means: (i) For corporations and partnerships, the addition of any new shareholder(s) or partner(s), except that a court appointed trustee to act on behalf of a shareholder or partner who becomes incapacitated is not a change in the corporation, partnership, association, or other non-individual entity; or (ii) For estates, the final or summary distribution of the estate. (5) The Regional Administrator must be notified of a change in the corporation, partnership, association, or other non-individual entity as defined in this paragraph (j) within 15 days of the effective date of the change. The effective date of change, for purposes of this paragraph (j), is the date on which the new shareholder(s) or partner(s) may realize any corporate liabilities or benefits of the corporation, partnership, association, or other non-individual entity or, for estates, the date of the determination of a legal heir to the estate, or the date of the order for distribution of the estate. (6) QS assigned to vessel category B, C, or D and IFQ resulting from that QS held in the name of a corporation, partnership, association, or other non-individual entity that changes, as defined in this paragraph (j), must be transferred to an individual, as prescribed in § 679.41, before it may be used at any time after the effective date of the change. (7) A corporation, partnership, association, or other non-individual entity that received an initial allocation of QS assigned to category B, C, or D and that, prior to April 17, 1997, employed a master to fish any of the IFQ issued to that corporation, partnership, association, or other non-individual entity may continue to employ a master to fish its IFQ on a vessel owned by the corporation, partnership, association, or other non-individual entity provided that the corporation, partnership, association, or other non-individual entity continues to own the vessel at no lesser percentage of ownership interest than that held on April 17, 1997, and provided that corporation, partnership, association, or other non-individual entity did not acquire additional QS through transfer after September 23, 1997. (8) A corporation, partnership, or other non-individual entity, except for a publicly held corporation, that receives an allocation of QS must provide annual updates to the Regional Administrator identifying all current shareholders, partners, or members to the individual person level and affirming the entity's continuing existence as a corporation or partnership, or other non-individual entity. (9) The exemption provided in this paragraph (j) may be exercised by a corporation, partnership, association or other non-individual entity on a vessel owned by a person who is a shareholder in the corporation, partnership, association, or other non-individual entity, provided that the corporation, partnership, association, or other non-individual entity maintains a minimum of 20-percent interest in the vessel. For purposes of this paragraph (j), interest in a vessel is determined as the percentage of ownership in the corporation, partnership, association, or other non-individual entity by that person who is a shareholder in the corporation, partnership, association, or other non-individual entity, multiplied by the percentage of ownership in the vessel by that person who is a shareholder in the corporation, partnership, association, or other non-individual entity. (10) Paragraphs (j)(1) and (j)(9) of this section do not apply to any QS assigned to vessel category B, C, or D received by transfer after February 12, 2010, by an entity described in paragraph (j)(1) except a hired master may be used to harvest IFQ derived from QS that were consolidated under § 679.41(e)(2) or (e)(3) after February 12, 2010, and before December 1, 2014. (k) Sablefish vessel clearance requirements Bering Sea or Aleutian Islands. (2) Gulf of Alaska. (l) GOA sablefish longline pot gear requirements. (1) Applicability. (2) General. (i)-(ii) [Reserved] (iii) Deploy and retrieve longline pot gear as specified in paragraph (l)(5); (iv) Retain IFQ halibut caught in longline pot gear if sufficient halibut IFQ is held by persons on board the vessel as specified in paragraph (l)(6); and (v) Comply with other requirements as specified in paragraph (l)(7). (3)-(4) [Reserved] (5) Restrictions on GOA longline pot gear deployment and retrieval General. (B) A vessel operator must deploy and retrieve longline pot gear to fish IFQ sablefish in the GOA only during the sablefish fishing period specified in § 679.23(g)(1). (C) The gear retrieval and removal requirements in paragraphs (l)(5)(iii) and (iv) of this section apply to all longline pot gear that is assigned to the vessel and deployed to fish IFQ sablefish and to all other fishing equipment attached to longline pot gear that is deployed in the water by the vessel to fish IFQ sablefish. All other fishing equipment attached to longline pot gear includes, but is not limited to, equipment used to mark longline pot gear as required in § 679.24(a)(3). (ii) Pot limits. (A) In the Southeast Outside District of the GOA, a vessel operator is limited to deploying a maximum of 120 pots. (B) In the West Yakutat District of the GOA, a vessel operator is limited to deploying a maximum of 200 pots. (C) In the Central GOA regulatory area, a vessel operator is limited to deploying a maximum of 300 pots. (D) In the Western GOA regulatory area, a vessel operator is limited to deploying a maximum of 300 pots. (iii) Gear retrieval. (B) In the Southeast Outside District of the GOA, a catcher/processor must redeploy or remove from the fishing grounds all longline pot gear that is assigned to the vessel and deployed to fish IFQ sablefish within five days of deploying the gear. (C) In the West Yakutat District of the GOA, a vessel operator must redeploy or remove from the fishing grounds all longline pot gear that is assigned to the vessel and deployed to fish IFQ sablefish within five days of deploying the gear. (D) In the Western GOA regulatory area, a vessel operator must redeploy or remove from the fishing grounds all longline pot gear that is assigned to the vessel and deployed to fish IFQ sablefish within seven days of deploying the gear. (E) In the Central GOA regulatory area, a vessel operator must redeploy or remove from the fishing grounds all longline pot gear that is assigned to the vessel and deployed to fish IFQ sablefish within seven days of deploying the gear. (iv) Longline pot gear used on multiple vessels. (6) Retention of halibut. (A) The IFQ halibut is caught in any GOA reporting area in accordance with paragraph (l) of this section; and (B) An IFQ permit holder on board the vessel has unused halibut IFQ for the IFQ regulatory area fished and IFQ vessel category. (ii) [Reserved] (7) Other requirements. (i) Complete a longline and pot gear Daily Fishing Logbook (DFL) or Daily Cumulative Production Logbook (DCPL) as specified in § 679.5(c); and (ii) Comply with Vessel Monitoring System (VMS) requirements specified in paragraph (k)(2) of this section. (m) BSAI halibut and sablefish pot gear requirements. (1) Applicability. (2) General. (i) Retain IFQ or CDQ halibut caught in pot gear if sufficient halibut IFQ or CDQ is held by persons on board the vessel as specified in paragraph (m)(3) of this section; and (ii) Comply with other requirements as specified in paragraph (m)(4) of this section. (3) Retention of halibut. (i) The IFQ or CDQ halibut is caught in any IFQ regulatory area in the BSAI in accordance with paragraph (m) of this section; and (ii) An IFQ or CDQ permit holder on board the vessel has unused halibut IFQ or CDQ for the IFQ regulatory area fished and IFQ vessel category. (4) Other requirements. (i) Complete a longline and pot gear Daily Fishing Logbook (DFL) or Daily Cumulative Production Logbook (DCPL) as specified in § 679.5(c); and (ii) Possess a transmitting VMS transmitter and comply with the VMS requirements at § 679.28(f)(3) through (5). (iii) Report pot gear information required when submitting a PNOL as described in § 679.5. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 679.43 Determinations and appeals. (a) General. (b) Who may appeal. (c) Submission of appeals. (d) Timing of appeals. (2) The time period within which an appeal may be filed begins to run on the date the initial administrative determination is issued. If the last day of the time period is a Saturday, Sunday, or Federal holiday, the time period will extend to the close of business on the next business day. (e) Address of record. General (f) Statement of reasons for appeals. (g) Hearings. (1) Deny the appeal; (2) Issue a decision on the merits of the appeal, if the record contains sufficient information on which to reach final judgment; or (3) Order that a hearing be conducted. The appellate officer may so order only if the appeal demonstrates the following: (i) There is a genuine and substantial issue of adjudicative fact for resolution at a hearing. A hearing will not be ordered on issues of policy or law. (ii) The factual issue can be resolved by available and specifically identified reliable evidence. A hearing will not be ordered on the basis of mere allegations or denials or general descriptions of positions and contentions. (iii) The evidence described in the request for hearing, if established at hearing, would be adequate to justify resolution of the factual issue in the way sought by the applicant. A hearing will not be ordered if the evidence described is insufficient to justify the factual determination sought, even if accurate. (iv) Resolution of the factual issue in the way sought by the applicant is adequate to justify the action requested. A hearing will not be ordered on factual issues that are not determinative with respect to the action requested. (h) Types of hearings. (1) A written hearing, as provided in paragraph (m) of this section; or (2) An oral hearing, as provided in paragraph (n) of this section. (i) Authority of the appellate officer. (1) Administer oaths. (2) Call and question witnesses. (3) Issue a written decision based on the record. (j) Evidence. (k) Appellate officers' decisions. (l) Disqualification of an appellate officer. (2) The appellate officer may withdraw from an appeal on an appellant's motion if: (i) The motion is entered prior to the appellate officer's issuance of a decision; and (ii) The appellant demonstrates that the appellate officer has a personal bias or any other basis for disqualification. (3) If the appellate officer denies a motion to withdraw, he/she will so rule on the record. (m) Written hearing. (i) Orders a hearing as provided in paragraph (g)(3) of this section; and (ii) Determines that the issues to be resolved at hearing can be resolved by allowing the appellant to present written materials to support his/her position. (2) After ordering a written hearing, the appellate officer will: (i) Provide the appellant with notification that a written hearing has been ordered. (ii) Provide the appellant with a statement of issues to be determined at hearing. (iii) Provide the appellant with 30 days to file a written response. The appellant may also provide documentary evidence to support his/her position. The period to file a written response may be extended at the sole discretion of the appellate officer, if the appellant shows good cause for the extension. (3) The appellate officer may, after reviewing the appellant's written response and documentary evidence: (i) Order that an oral hearing be held, as provided in paragraph (h)(2) of this section, to resolve issues that cannot be resolved through the written hearing process; (ii) Request supplementary evidence from the appellant before closing the record; or (iii) Close the record. (4) The appellate officer will close the record and issue a decision after determining that the information on the record is sufficient to render a decision. (n) Oral hearing. (i) Orders a hearing as provided in paragraph (g)(3) of this section; and (ii) Determines that the issues to be resolved at hearing can best be resolved through the oral hearing process. (2) After ordering an oral hearing, the appellate officer will: (i) Provide the appellant with notification that an oral hearing has been ordered. (ii) Provide the appellant with a statement of issues to be determined at hearing. (iii) Provide the appellant with notification, at least 30 days in advance, of the place, date, and time of the oral hearing. Oral hearings will be held in Juneau, AK, at the prescribed date and time, unless the appellate officer determines, based upon good cause shown, that a different place, date, or time will better serve the interests of justice. A continuance of the oral hearing may be ordered at the sole discretion of the appellate officer if the appellant shows good cause for the continuance. (3) The appellate officer may, either at his/her own discretion or on the motion of the appellant, order a pre-hearing conference, either in person or telephonically, to consider: (i) The simplification of issues. (ii) The possibility of obtaining stipulations, admissions of facts, and agreements to the introduction of documents. (iii) The possibility of settlement or other means to facilitate resolution of the case. (iv) Such other matters as may aid in the disposition of the proceedings. (4) The appellate officer must provide the appellant with notification of a pre-hearing conference, if one is ordered, at least 30 days in advance of the conference. All action taken at the pre-hearing conference will be made part of the record. (5) At the beginning of the oral hearing, the appellate officer may first seek to obtain stipulations as to material facts and the issues involved and may state any other issues on which he/she may wish to have evidence presented. Issues to be resolved at the hearing will be limited to those identified by the appellate officer as provided in paragraph (g)(3) of this section. The appellant will then be given an opportunity to present his/her case. (6) During the oral hearing, the appellant has the right to present reliable and material oral or documentary evidence and to conduct such cross-examination as may be required in the interests of justice. (7) After the conclusion of the oral hearing, the appellant may be given time by the appellate officer to submit any supplementary information that may assist in the resolution of the case. (8) The appellate officer will close the record and issue a decision after determining that the information on the record is sufficient to render a decision. (o) Review by the Regional Administrator. (1) The Regional Administrator may affirm, reverse, modify, or remand the appellate officer's decision before the 30-day effective date of the decision provided in paragraph (k) of this section. (2) The Regional Administrator may take any of these actions on or after the 30-day effective date by issuing a stay of the decision before the 30-day effective date. An action taken under paragraph (o)(1) of this section takes effect immediately. (3) The Regional Administrator must provide a written explanation why an appellate officer's decision has been reversed, modified, or remanded. (4) The Regional Administrator must promptly notify the appellant(s) of any action taken under this paragraph (o). (5) The Regional Administrator's decision to affirm, reverse, or modify an appellate officer's decision is a final agency action for purposes of judicial review. (p) Issuance of a non-transferable license. [61 FR 31230, June 19, 1996, as amended at 62 FR 17753, Apr. 11, 1997; 63 FR 52657, Oct. 1, 1998; 63 FR 64879, Nov. 24, 1998; 65 FR 78118, Dec. 14, 2000; 66 FR 27911, May 21, 2001; 67 FR 4148, Jan. 28, 2002; 67 FR 64317, Oct. 18, 2002; 67 FR 72611, Dec. 6, 2002; 68 FR 44487, July 29, 2003; 70 FR 10238, Mar. 2, 2005; 70 FR 16754, Apr. 1, 2005; 77 FR 6501, Feb. 8, 2012; 85 FR 8481, Feb. 14, 2020] § 679.44 Penalties. Any person committing, or a fishing vessel used in the commission of, a violation of the Magnuson-Stevens Act or Halibut Act, or any regulation issued under the Magnuson-Stevens Act or Halibut Act, is subject to the civil and criminal penalty provisions and civil forfeiture provisions of the Magnuson-Stevens Act or Halibut Act, to part 600 of this chapter, to 15 CFR part 904 (Civil Procedures), and to other applicable law. Penalties include but are not limited to permanent or temporary sanctions to QS and associated IFQ. § 679.45 IFQ cost recovery program. (a) Cost recovery fees Responsibility. (2) IFQ Fee Liability Determination General. (A) Each year, the Regional Administrator will issue each IFQ permit holder a summary of his or her IFQ equivalent pounds landed as IFQ and GAF and will issue an RQE a summary of its RFQ pounds issued as part of the IFQ Landing and Estimated Fee Liability page described at § 679.5(l)(7)(ii)(D). (B) The summary will include information on IFQ and GAF landings and an estimated IFQ fee liability using the IFQ standard ex-vessel value for IFQ and GAF landings. For fee purposes: ( 1 ( 2 ( 3 (C) The IFQ permit holder must either accept NMFS' estimate of the IFQ fee liability or revise NMFS' estimate of the IFQ fee liability using the IFQ Permit Holder Fee Submission Form described at § 679.5(l)(7)(ii), except that the standard ex-vessel value used to determine the fee liability for GAF is not subject to challenge. If the IFQ permit holder revises NMFS' estimate of his or her IFQ fee liability, NMFS may request in writing that the permit holder submit documentation establishing the factual basis for the revised calculation. If the IFQ permit holder fails to provide adequate documentation on or by the 30th day after the date of such request, NMFS will determine the IFQ permit holder's IFQ fee liability based on standard ex-vessel values. (D) An RQE may not challenge the standard ex-vessel value used to determine the fee liability for all RFQ issued to the RQE. (ii) Value assigned to GAF. (A) NMFS will determine the IFQ equivalent pounds of GAF landed in IFQ regulatory area 2C or 3A that are derived from the IFQ permit holder's account. (B) The IFQ equivalent pounds of GAF landed in IFQ regulatory area 2C or 3A are multiplied by the standard ex-vessel value computed for that area to determine the value of IFQ landed as GAF. (iii) The value of IFQ landed as GAF is added to the value of the IFQ permit holder's landed IFQ, and the sum is multiplied by the annual IFQ fee percentage to estimate the IFQ permit holder's IFQ fee liability. (3) Fee collection. (ii) An RQE is responsible for collecting its own fees during the calendar year in which the RFQ is issued to the RQE. (4) Payment Payment due date. (ii) Payment recipient. (iii) Payment address. http://alaskafisheries.noaa.gov. (iv) Payment method (B) On or after December 1, 2019, payment must be made electronically in U.S. dollars by automated clearing house, credit card, or electronic check drawn on a U.S. bank account. (b) IFQ ex-vessel value determination and use General. (ii) An RQE must use the IFQ standard ex-vessel value derived by NMFS for all RFQ issued to the RQE. (2) IFQ actual ex-vessel value. (3) IFQ standard ex-vessel value Use of standard price. Federal Register. (ii) All landed GAF and RFQ issued to an RQE must be valued using the standard ex-vessel value for the year and for the IFQ regulatory area of harvest—Area 2C or Area 3A. (iii) Duty to publish list. Federal Register (iv) Effective duration. Federal Register Federal Register (v) Determination. (A) Landed net pounds by IFQ species, port-group, and month; (B) Total ex-vessel value by IFQ species, port-group, and month; and (C) Price adjustments, including IFQ retro-payments. (c) [Reserved] (d) IFQ fee percentage Established percentage. Federal Register (2) Calculating the fee percentage. (i) Factors. (A) The IFQ, RFQ, and GAF landings to which the IFQ fee will apply; (B) The ex-vessel value of that landed IFQ, RFQ, and GAF; and (C) The costs directly related to the management and enforcement of the IFQ Program, which include RQE and GAF costs. (ii) Methodology. 100 × (DPC/V) Where: “DPC” is the direct program costs for the IFQ fishery for the previous fiscal year, and “V” is the ex-vessel value determined for IFQ landed as commercial catch, RFQ, or GAF subject to the IFQ fee liability for the current year. (3) Publication General. Federal Register. (ii) Effective period. (4) Applicable percentage. (e) Non-payment of fee. (i) Send Initial Administrative Determination (IAD). (ii) Disapprove transfer. (2) Upon final agency action determining that an IFQ permit holder has not paid his or her IFQ fee liability, as described in paragraph (f) of this section, any IFQ fishing permit or RFQ permit account held by the IFQ permit holder or RQE is not valid until all IFQ fee liabilities are paid. (3) If payment is not received on or before the 30th day after the final agency action, the matter will be referred to the appropriate authorities for purposes of collection. (f) Underpayment of IFQ fee. (i) Disapprove transfer. (ii) Notify permit holder. (2) After the expiration of the 30-day period, the Regional Administrator will evaluate any additional documentation submitted by an IFQ permit holder or RQE in support of its payment. If the Regional Administrator determines that the additional documentation does not meet the burden of proving the payment is correct, the Regional Administrator will send the IFQ permit holder or RQE an IAD indicating that the IFQ permit holder or RQE did not meet the burden of proof to change the IFQ fee liability as calculated by the Regional Administrator based upon the IFQ standard ex-vessel value. The IAD will set out the facts and indicate the deficiencies in the documentation submitted by the IFQ permit holder or RQE. An IFQ permit holder or RQE who receives an IAD may appeal the IAD, as described in paragraph (h) of this section. (3) If the permit holder fails to file an appeal of the IAD pursuant to 15 CFR part 906, the IAD will become the final agency action. (4) If the IAD is appealed and the final agency action is a determination that additional sums are due from the IFQ permit holder or RQE, the IFQ permit holder or RQE must pay any IFQ fee amount determined to be due not later than 30 days from the issuance of the final agency action. (5) Upon final agency action determining that an IFQ permit holder or RQE has not paid his or her IFQ fee liability, any IFQ fishing permit held by the IFQ permit holder or RQE is not valid until all IFQ fee liabilities are paid. (6) If payment is not received on or before the 30th day after the final agency action, the matter will be referred to the appropriate authorities for purposes of collection. (g) Over payment. (h) Appeals and requests for reconsideration. (i) Annual report. [65 FR 14924, Mar. 20, 2000, as amended at 67 FR 4133, Jan. 28, 2002; 71 FR 44232, Aug. 4, 2006; 76 FR 40633, July 11, 2011; 78 FR 75893, Dec. 12, 2013; 81 FR 23649, Apr. 22, 2016; 83 FR 47833, Sept. 21, 2018] § 679.46 Recreational Quota Entity (RQE) Program fee collection. (a) Fee collection Charter halibut stamp. (i) Validation of stamps. (ii) Duration of validation. (iii) Non-transferability. (A) After charter halibut stamp validation for an individual charter vessel angler, the charter halibut stamp may not be transferred to or used by any other person. (B) Charter halibut stamps may only be used for charter halibut permits in a given NMFS-approved account and may not be transferred between approved accounts. (iv) Rollover. (v) Charter halibut stamp validation reconciliation. (vi) Validated Charter halibut stamp deficit. (A) Issue an Initial Administrative Determination (IAD) upholding the reconciliation determination; (B) Disapprove any application to transfer the charter halibut permit, associated charter halibut permits in a NMFS-approved account, GAF, IFQ, or QS to or from the charter halibut permit holder until the outstanding validated charter halibut stamps are purchased, except that NMFS may return unused GAF to the IFQ holder's account from which it was derived on or after the automatic GAF return date; (C) Disapprove the annual registration application of the charter halibut permit, and all associated charter halibut permits in a NMFS-approved account, in accordance with 50 CFR 300.67(a) of this title, until the outstanding validated charter halibut stamps are purchased; and (D) Invalidate the community charter halibut permit or military charter halibut permit until the outstanding validated charter halibut stamps associated with that permit are purchased. (vii) Appeals. (2) [Reserved] (b) Fee amount. (2) The RQE may petition NMFS to increase or decrease the fee for a charter halibut stamp beginning on January 1, 2028. The fee for the charter halibut stamp may not increase by an amount more than 10 percent of the fee in the previous fishing year. (3) The RQE may petition NMFS to suspend the fee at any time. (c) Fee payment to NMFS Obtaining charter halibut stamps. (2) Charter vessel guide responsibilities. (3) Timing of charter halibut stamp reconciliation. (d) RQE fee collection suspension. (1) Through the issuance of an IAD and the opportunity to appeal the IAD under 15 CFR part 906, the Regional Administrator determines that the RQE is out of compliance with regulations in this title, the RQE's own by-laws, or other applicable law; (2) The Regional Administrator approves a petition by the RQE to suspend the RQE fee collection; or (3) Congress no longer provides authorization for the Secretary of Commerce to collect and spend fees. [90 FR 29791, July 7, 2025] Subpart E—North Pacific Observer Program Source: 61 FR 56431, Nov. 1, 1996, unless otherwise noted. § 679.50 Applicability. (a) General. (2) Exceptions. (3) For purposes of this subpart, halibut means CDQ and IFQ halibut. (b) [Reserved] [77 FR 70091, Nov. 21, 2012, as amended at 83 FR 30532, June 29, 2018] § 679.51 Observer and Electronic Monitoring System requirements for vessels and plants. (a) Observer requirements for vessels Groundfish and halibut fishery partial coverage category Vessel classes in partial coverage category. (A) A catcher vessel designated on an FFP under § 679.4(b)(1); (B) A catcher vessel when fishing for halibut while carrying a person named on a permit issued under § 679.4(d)(1)(i), (d)(2)(i), or (e)(2), or for IFQ sablefish, as defined at § 679.2, while carrying a person named on a permit issued under § 679.4(d)(1)(i) or (d)(2)(i); or (C) A catcher/processor placed in the partial coverage category under paragraph (a)(3) of this section; or (D) A catcher vessel less than or equal to 46 ft LOA using hook-and-line gear when groundfish CDQ fishing under § 679.32(c)(3)(iii). (ii) Registration and notification of observer deployment. (A) Registration. (B) Notification. (C) Trip selection pool. 1 ( 2 1 ( 3 ( i Not selected trip. ( ii Selected trip. ( 4 Delayed trip. 1 ( 5 Observer coverage duration. ( i ( ii ( iii (D) Vessel selection pool. (iii) Release from observer coverage. (iv) Observer workload at shoreside processors and stationary floating processors. (2) Groundfish and halibut fishery full observer coverage category Vessel classes in the full coverage category. (A) Catcher/processors, except a catcher/processor placed in the partial observer coverage category under paragraph (a)(3) of this section; (B) Motherships; and (C) Catcher vessels while: ( 1 ( 2 ( 3 ( 4 ( 5 (ii) Observer coverage requirements. (A) A vessel subject to the partial observer coverage category as per paragraph (a)(1)(i) of this section; (B) A vessel approved to be in the full coverage trawl EM category; vessels in the full coverage trawl EM category are subject to observer coverage if NMFS determines that at-sea coverage is necessary in the Annual Deployment Plan. (iii) Observer workload. (iv) Catcher/processor classification. (B) [Reserved] (v) [Reserved] (vi) Additional observer requirements CDQ fisheries. ( 1 Catcher/processors using trawl gear and directed fishing for pollock CDQ in the BSAI and motherships taking deliveries from catcher vessels directed fishing for pollock CDQ in the BSAI. 2 ( 2 Catcher/processors using trawl gear and groundfish CDQ fishing. ( 3 Catcher/processors using hook-and-line gear and groundfish CDQ fishing. ( 4 Catcher/processors using pot gear for groundfish CDQ fishing. ( 5 Motherships. (B) BSAI pollock fisheries 1 Listed AFA catcher/processors, catcher/processors designated on listed AFA catcher/processor permits, and AFA motherships. ( 2 Pollock CDQ catcher/processors and motherships. 1 ( 3 Unlisted AFA catcher/processors and catcher/processors designated on unlisted AFA catcher/processor permits. ( 4 AI directed pollock fishery catcher/processors and motherships. (C) Amendment 80 vessels and catcher/processors not listed in § 679.4(1)(2)(i) and using trawl gear in the BSAI. (D) Catcher/processors participating in the Rockfish Program 1 Rockfish cooperative. ( 2 Rockfish sideboard fishery for catcher/processors in a rockfish cooperative. (E) Longline catcher/processor subsector. ( 1 Increased observer coverage option. ( 2 Scales option. (F) Halibut deck sorting. (G) PCTC Program motherships. (H) Catcher/processors using pot gear for groundfish fishing. ( 1 Observer coverage. ( 2 Increased observer coverage option. 1 (3) Catcher/processor placement in the partial observer coverage category for a year Definitions. (A) Average weekly groundfish production (B) Fishing year (C) Standard basis year (D) Alternate basis year (ii) Deadline for requesting partial observer coverage. (iii) Requirements for placing a catcher/processor in the partial observer coverage category. (A) An average weekly groundfish production of: ( 1 ( 2 ( 3 (B) Is not a catcher/processor using trawl gear; and (C) Is not subject to additional observer coverage requirements in paragraph (a)(2)(vi) of this section. (iv) How to request placement of a catcher/processor in partial observer coverage. (v) Notification of placement in the partial observer coverage category. (vi) Initial Administrative Determination (IAD). (vii) Appeal. (4) BSAI trawl catcher vessel placement in the full observer coverage category for one year Applicability. (ii) How to request full observer coverage for one year. (iii) Deadline to request full observer coverage. (iv) Notification. (v) Initial Administrative Determination (IAD). (vi) Appeal. (b) Observer requirements for shoreside processors and stationary floating processors Shoreside processor and stationary floating processor partial observer coverage category. (ii) Coverage. (2) Shoreside processor and stationary floating processor full observer coverage category. (i) Coverage level. (B) The owner and operator of an AFA shoreside or stationary floating processor receiving deliveries from a catcher vessel in the trawl EM category must provide the necessary number of observers to meet the criteria prescribed by NMFS in the Annual Deployment Plan for each calendar day during which the processor takes delivery of, or processes, groundfish harvested by a vessel engaged in a directed pollock fishery in the BS. (ii) Multiple processors. (iii) Observers transferring between vessels and processors. (3) Shoreside processor and stationary floating processor receiving a delivery from catcher or tender vessels in the trawl EM category Deadline to submit a request to receive trawl EM deliveries. (ii) [Reserved] (c) NMFS employee observers. (2) Prior to deployment of a NMFS employee, the agency will provide written notification to the owner or operator of a vessel, shoreside processor, or stationary floating processor whether observer coverage credit will be granted for that deployment. (3) Vessel, shoreside processor, and stationary floating processor owners and operators, as well as observers and observer providers, may contact NMFS in writing to request assistance in improving observer data quality and resolving observer sampling issues. Requests may be submitted to: NMFS Observer Program, 7600 Sand Point Way NE., Seattle, WA 98115-0070 or other method specified by NMFS on the NMFS Observer Program website. (d) Procurement of observer services Full coverage category. (ii) The owner of a vessel, shoreside processor, or stationary floating processor is required to arrange and pay for observer services directly from NMFS when the agency has determined and notified them under paragraph (c) of this section that the vessel, shoreside processor, or stationary floating processor shall use a NMFS employee or individual authorized by NMFS in lieu of, or in addition to, an observer provided through a permitted observer provider to satisfy requirements under paragraphs (a)(2) and (b)(2) of this section or for other conservation and management purposes. (2) Partial coverage category. (e) Responsibilities Vessel responsibilities. (i) Accommodations and food. (ii) Safe conditions. (B) Have on board: ( 1 ( 2 ( 3 (iii) Communications and observer data entry Observer use of equipment. (B) Equipment, software, and data transmission requirements. ( 1 Observer access to computer. ( 2 NMFS-supplied software. 1 ( 3 Data transmission. 1 2 ( 4 Functional and operational equipment. 2 (C) The operator of a catcher vessel participating in the Rockfish Program or a catcher vessel less than 125 ft LOA directed fishing for pollock in the BS must comply with the computer and software requirements described in paragraphs (e)(1)(iii)(B)( 1 2 4 (D) PCTC Program. 3 (iv) Vessel position. (v) Access. (vi) Prior notification. (vii) Records. (viii) Assistance. (A) Measuring decks, codends, and holding bins. (B) Providing the observers with a safe work area adjacent to the sample collection site. (C) Collecting bycatch when requested by the observers. (D) Collecting and carrying baskets of fish when requested by observers. (E) Allowing observers to determine the sex of fish when this procedure will not decrease the value of a significant portion of the catch. (F) Collecting all seabirds that are incidentally taken on the observer-sampled portions of hauls using hook-and-line gear or as requested by an observer during non-sampled portions of hauls. (G) During halibut deck sorting, providing halibut to the observer on deck. (ix) Transfer at sea. (B) Notify observers at least 3 hours before observers are transferred, such that the observers can collect personal belongings, equipment, and scientific samples. (C) Provide a safe pilot ladder and conduct the transfer to ensure the safety of observers during transfers. (D) Provide an experienced crew member to assist observers in the small boat or raft in which any transfer is made. (2) Shoreside processor and stationary floating processor responsibilities. (i) Safe conditions. (ii) Operations information. (iii) Transmission of data. (A) Observer use of equipment. (B) Communication equipment requirements 1 Observer access to computer. ( 2 NMFS-supplied software. ( 3 Functional and operational equipment. 2 (iv) Access. (v) Document access. (vi) Assistance. (A) Assisting the observer in moving and weighing totes of fish. (B) Providing a secure place to store sampling gear. (3) The owner of a vessel, shoreside processor, stationary floating processor, buying station, or tender vessel is responsible for compliance and must ensure that the operator or manager of a vessel, shoreside processor, or stationary floating processor required to maintain observer coverage under paragraphs (a) or (b) of this section complies with the requirements given in paragraphs (e)(1) and (e)(2) of this section. (f) Electronic monitoring system requirements for vessels that use nontrawl gear. (1) Vessel placement in the nontrawl EM selection pool Applicability. (ii) How to request placement in the nontrawl EM selection pool. (iii) Deadline to submit an EM request. (iv) Approval for placement in the nontrawl EM selection pool. (v) Notification of approval for placement in the nontrawl EM selection pool. (B) Once the vessel owner or operator receives notification of approval from NMFS, the vessel owner or operator must comply with the vessel owner or operator responsibilities in paragraphs (f)(4) and (5) of this section and all further instructions set forth by ODDS. (vi) Initial Administrative Determination (IAD). (vii) Appeal. (viii) Duration. (A) NMFS disapproves the VMP under paragraph (f)(4) of this section; (B) The vessel owner or operator notifies NMFS that the vessel intends to leave the nontrawl EM selection pool in the following fishing year under paragraph (f)(1)(ix) of this section; or (C) The vessel no longer meets the nontrawl EM selection pool criteria specified by NMFS. (ix) How to leave the nontrawl EM selection pool. (x) Deadline to submit a request to leave the nontrawl EM selection pool. (2) Notification of nontrawl EM trip selection. (ii) ODDS will notify the vessel operator whether the trip is selected for EM coverage and provide a receipt number corresponding to this notification. Trip registration is complete when the vessel operator receives the receipt number. (iii) An operator may embark on a fishing trip registered with ODDS: (A) Not selected trip. (B) Selected trip. (3) EM coverage duration. (i) A fishing trip selected for EM coverage may not begin until all previously harvested fish have been offloaded. (ii) At the end of the fishing trip selected for EM coverage, the vessel operator must use ODDS to close the fishing trip following the instructions in the VMP and submit EM data and associated documentation as outlined in paragraph (f)(5)(vii) of this section. (4) Vessel Monitoring Plan (VMP). (i) The vessel owner or operator must sign and submit the VMP to NMFS each calendar year. (ii) NMFS will approve the VMP for the calendar year if it meets all the requirements specified in the VMP template available through the NMFS Alaska Region website. (iii) If the VMP does not meet all the requirements specified in the VMP template, NMFS will provide the vessel owner or operator the opportunity to submit a revised VMP that meets all the requirements specified in the VMP template. (iv) If NMFS does not approve the revised VMP, NMFS will issue an IAD to the vessel owner or operator that will explain the basis for the disapproval. The vessel owner or operator may file an administrative appeal under the administrative appeals procedures set out at 15 CFR part 906. (v) If, at any time, changes are required to the VMP to improve the data collection of the EM system or address fishing operation changes, the vessel owner or operator must work with NMFS and the EM service provider to amend the VMP. The vessel owner or operator must sign the amended VMP and submit these changes to the VMP to NMFS prior to departing on the next fishing trip selected for EM coverage. (vi) The VMP will require information regarding: (A) Vessel and contact information; (B) Gear used; (C) EM hardware functionality requirements; (D) Requirements for meeting program objectives as specified in the Annual Deployment Plan; (E) List of potential solutions for hardware malfunctions; (F) Images of camera locations and camera views; (G) EM hardware service provider information; (H) Valid signatures from the EM hardware service provider and vessel owner or operator; and (I) Any other information required by the applicable VMP. (5) Vessel owner or operator responsibilities. (i) Make the vessel available for the installation of EM equipment by an EM service provider. (ii) Provide access to the vessel's systems and reasonable assistance to the EM service provider. (iii) Maintain a copy of a NMFS-approved VMP aboard the vessel at all times when the vessel is directed fishing in a fishery subject to EM coverage. (iv) Comply with all elements of the VMP when selected for EM coverage in ODDS. (v) Maintain the EM system, including the following: (A) Ensure power is maintained to the EM system at all times when the vessel is underway. (B) Ensure the system is functioning for the entire fishing trip, camera views are unobstructed and clear in quality, and catch and discards may be completely viewed, identified, and quantified. (C) Ensure EM system components are not tampered with, disabled, destroyed, or operated or maintained improperly. (vi) Complete pre-departure function test and daily verification of EM system. (A) Prior to departing port, the vessel operator must conduct a system function test following the instructions from the EM service provider. The vessel operator must verify that the EM system has adequate memory to record the entire fishing trip. ( 1 ( 2 (B) During a fishing trip selected for EM coverage, before each set is retrieved the vessel operator must verify all cameras are recording and all sensors and other required EM system components are functioning as instructed in the vessel's VMP. ( 1 ( 2 (vii) At the end of a fishing trip selected for EM coverage, the vessel operator must submit EM data and associated documentation identified in the vessel's VMP to NMFS using a method that requires a signature for delivery and provides a return receipt or delivery notification to the sender. The vessel operator must postmark EM data and associated documentation no later than 2 business days after the end of the fishing trip. If the fishing trip ends in a remote port with limited postal service or at a tender vessel, the vessel operator must ensure EM data and associated documentation is postmarked as soon as possible but no later than two weeks after the end of the fishing trip. (viii) Make the EM system and associated equipment available for inspection upon request by OLE, a NMFS-authorized officer, or other NMFS-authorized personnel. (6) EM for fishing in multiple regulatory areas. (i) Meet the requirements described in paragraph (f) of this section. (ii) Register in ODDS that he or she intends to fish in multiple regulatory areas using the exception in § 679.7(f)(4). (iii) Ensure the EM system is powered continuously during the fishing trip. If the EM system is powered down during periods of non-fishing, the VMP must describe alternate methods to ensure location information about the vessel is available for the entire fishing trip, as specified in the VMP template available through the NMFS Alaska Region website. (iv) If an EM system malfunction occurs during a fishing trip that does not allow the recording of retrieval location information and imagery of catch as described in the vessel's VMP, the vessel operator must cease fishing and contact OLE immediately. (g) Trawl EM category Vessel placement in the trawl EM category Applicability. ( 1 Partial coverage trawl EM category. ( 2 Full coverage trawl EM category. (B) The owner or operator of a tender vessel must request to be placed in the trawl EM category before receiving a delivery from a catcher vessel in the trawl EM category. (ii) How to request placement in the trawl EM category. (iii) Deadline to submit a trawl EM category request. (iv) Approval for placement in the trawl EM category. (v) Notification of approval for placement in the trawl EM category. (B) Once NMFS notifies the catcher vessel owner or operator that their request to be placed in the trawl EM category has been approved, the vessel owner or operator must comply with the responsibilities in paragraphs (g)(2) and (3) of this section and all further instructions set forth in ODDS when they operate in the trawl EM category. When a catcher vessel approved for placement in the trawl EM category does not operate in the trawl EM category on a particular fishing trip, the vessel remains subject to observer coverage under paragraphs (a)(1)(i) or (a)(2)(i) of this section. (vi) Initial Administrative Determination (IAD). (vii) Appeal. (viii) Duration. (A) NMFS disapproves the vessel's VMP under paragraph (g)(2) of this section; or (B) The vessel no longer meets the trawl EM category criteria specified by NMFS. (ix) Procurement of EM services. (B) In the full coverage category, the owner or operator of a vessel approved for the trawl EM category must arrange and pay for EM service provider services from a permitted EM hardware service provider. (2) Vessel Monitoring Plan (VMP). (i) VMP Submission. (ii) VMP Approval. (iii) VMP Resubmission. (iv) VMP Disapproval. (v) VMP Revision. (vi) VMP Components. (A) Vessel and contact information; (B) Gear used; (C) EM hardware functionality requirements; (D) Requirements for meeting program objectives as specified in the Annual Deployment Plan; (E) List of potential solutions for hardware malfunctions; (F) Images of camera locations and camera views; (G) EM hardware service provider information; (H) Valid signatures from the EM hardware service provider and either the vessel owner or operator; and (I) Any other information required by the applicable VMP. (3) Responsibilities. (i) Installation. (ii) Access. (iii) Copy. (iv) Compliance. (v) Maintenance. (A) Ensure the EM system is functioning before departing on a fishing trip. (B) Ensure power is maintained to the EM system for the duration of a trawl EM category fishing trip; (C) Ensure the system is functioning for the entire fishing trip, camera views are unobstructed and clear in quality, and discards may be completely viewed, identified, and quantified; and (D) Ensure EM system components are not tampered with, disabled, destroyed, or operated or maintained improperly. (vi) Communication. (A) Vessel name; (B) Identify which Management areas the vessel was operating in; (C) Most precise estimate available of tonnage aboard the vessel; (D) Estimated deckload size, if present; (E) Estimated time of arrival at shoreside processor or stationary floating processor; and (F) Information to meet other requirements of this part, if requested by NMFS. (4) EM coverage duration and duties. Beginning a Fishing Trip. (ii) Ending a Fishing Trip. (iii) Daily Tests. (A) During a fishing trip in the trawl EM category, before each haul is retrieved, the vessel operator must verify all cameras are recording and all sensors and other required EM system components are functioning as instructed in the vessel's VMP. ( 1 ( 2 (B) [Reserved] (iv) Inspection. (5) ODDS requirements for trawl EM category catcher vessels in the partial coverage category EM trips. (ii) [Reserved] [77 FR 70091, Nov. 21, 2012, as amended at 79 FR 54601, Sept. 12, 2014; 81 FR 26745, May 4, 2016; 81 FR 37556, June 10, 2016; 81 FR 67117, Sept. 30, 2016; 81 FR 70607, Oct. 13, 2016; 81 FR 95457, Dec. 28, 2016; 82 FR 37002, Aug. 8, 2017; 83 FR 30532, 30533, June 29, 2018; 84 FR 55053, Oct. 15, 2019; 85 FR 850, Jan. 8, 2020; 88 FR 53734, Aug. 8, 2023; 88 FR 77231, Nov. 9, 2023; 89 FR 60812, July 29, 2024; 89 FR 66637, Aug. 16, 2024] § 679.52 Observer provider permitting and responsibilities. (a) Observer provider permit Permit. (2) New observer provider. (3) Contents of application. (i) Identification of the management, organizational structure, and ownership structure of the applicant's business, including identification by name and general function of all controlling management interests in the company, including but not limited to owners, board members, officers, authorized agents, and other employees. If the applicant is a corporation, the articles of incorporation must be provided. If the applicant is a partnership, the partnership agreement must be provided. (ii) Contact information Owner(s) information. (B) Business information. (C) Authorized agent. (iii) A statement signed under penalty of perjury from each owner, or owners, board members, and officers if a corporation, that they have no conflict of interest as described in paragraph (c) of this section. (iv) A statement signed under penalty of perjury from each owner, or owners, board members, and officers if a corporation, describing any criminal convictions, Federal contracts they have had and the performance rating they received on the contract, and previous decertification action while working as an observer or observer provider. (v) A description of any prior experience the applicant may have in placing individuals in remote field and/or marine work environments. This includes, but is not limited to, recruiting, hiring, deployment, and personnel administration. (vi) A description of the applicant's ability to carry out the responsibilities and duties of an observer provider as set out under paragraph (b) of this section, and the arrangements to be used. (4) Application evaluation. (A) Absence of conflict of interest as defined under paragraph (c) of this section; (B) Absence of criminal convictions related to: ( 1 ( 2 (C) Satisfactory performance ratings on any Federal contracts held by the applicant; and (D) Absence of any history of decertification as either an observer or observer provider; (ii) [Reserved] (5) Agency determination on an application. (6) Transferability. (7) Expiration of observer provider permit. (ii) The Regional Administrator will provide a written initial administrative determination (IAD) of permit expiration to an observer provider if NMFS' deployment records indicate that the observer provider has not deployed an observer during a period of 12 continuous months. An observer provider who receives an IAD of permit expiration may appeal under § 679.43. An observer provider that appeals an IAD will be issued an extension of the expiration date of the permit until after the final resolution of the appeal. (8) Sanctions. (b) Responsibilities of observer providers. (1) Provide qualified candidates to serve as observers. (A) A Bachelor's degree or higher from an accredited college or university with a major in one of the natural sciences; (B) Successfully completed a minimum of 30 semester hours or equivalent in applicable biological sciences with extensive use of dichotomous keys in at least one course; (C) Successfully completed at least one undergraduate course each in math and statistics with a minimum of 5 semester hours total for both; and (D) Computer skills that enable the candidate to work competently with standard database software and computer hardware. (ii) Prior to hiring an observer candidate, the observer provider must provide to the candidate copies of NMFS-prepared pamphlets and other information describing observer duties. (iii) For each observer employed by an observer provider, either a written contract or a written contract addendum must exist that is signed by the observer and observer provider prior to the observer's deployment and that includes the following conditions for continued employment: (A) That all of the observer's in-season catch messages (data) between the observer and NMFS are submitted to the Observer Program as outlined in the current Observer Sampling Manual. (B) That the observer completes in-person mid-deployment data reviews, unless: ( 1 ( 2 (C) The observer informs the observer provider prior to the time of embarkation if he or she is experiencing any new mental illness or physical ailments or injury since submission of the physician's statement as required in paragraph (b)(11)(iii) of this section that would prevent him or her from performing his or her assigned duties; (2) Ensure an observer completes duties in a timely manner. (i) When an observer is scheduled for a final deployment debriefing under paragraph (b)(11)(v) of this section, submit to NMFS all data, reports required by the Observer Sampling Manual, and biological samples from the observer's deployment by the completion of the electronic vessel and/or processor survey(s); (ii) Complete NMFS electronic vessel and/or processor surveys before performing other jobs or duties that are not part of NMFS groundfish observer requirements; (iii) Report for his or her scheduled debriefing and complete all debriefing responsibilities; and (iv) Return all sampling and safety gear to the Observer Program. (3) Observer conduct. (A) Observer use of alcohol; (B) Observer use, possession, or distribution of illegal drugs; and (C) Sexual contact with personnel of the vessel or processing facility to which the observer is assigned, or with any vessel or processing plant personnel who may be substantially affected by the performance or non-performance of the observer's official duties. (ii) An observer provider shall provide a copy of its conduct and behavior policy: (A) To observers, observer candidates; and (B) By February 1 of each year to the Observer Program. (4) Assign observer to vessels and processors. (i) With valid North Pacific groundfish and halibut observer certifications and endorsements to provide observer services; (ii) Who have not informed the provider prior to the time of embarkation that he or she is experiencing a mental illness or a physical ailment or injury developed since submission of the physician's statement, as required in paragraph (b)(11)(iii) of this section that would prevent him or her from performing his or her assigned duties; and (iii) Who have successfully completed all NMFS required training and briefing before deployment. (5) Respond to industry requests for observers. (6) Provide observer salaries and benefits. (7) Provide observer deployment logistics. (A) All necessary transportation, including arrangements and logistics, to the initial location of deployment, to all subsequent vessel and shoreside or stationary floating processor assignments during that deployment, and to the debriefing location when a deployment ends for any reason; and (B) Lodging, per diem, and any other necessary services necessary to observers assigned to fishing vessels or shoreside processing or stationary floating processing facilities. (ii) Except as provided in paragraph (b)(7)(iii) of this section, an observer provider must provide to each observer deployed to a shoreside processing facility or stationary floating processor, and each observer between vessel, stationary floating processor, or shoreside assignments while still under contract with an observer provider, shall be provided with accommodations at a licensed hotel, motel, bed and breakfast, stationary floating processor, or other shoreside accommodations for the duration of each shoreside assignment or period between vessel or shoreside assignments. Such accommodations must include an assigned bed for each observer and no other person may be assigned that bed for the duration of that observer's stay. Additionally, no more than four beds may be in any room housing observers at accommodations meeting the requirements of this section. (iii) An observer under contract may be housed on a vessel to which the observer is assigned: (A) Prior to the vessel's initial departure from port; (B) For a period not to exceed 24 hours following completion of an offload for which the observer has duties and is scheduled to disembark; or (C) For a period not to exceed 24 hours following the vessel's arrival in port when the observer is scheduled to disembark. (iv) During all periods an observer is housed on a vessel, the observer provider must ensure that the vessel operator or at least one crew member is aboard. (v) Each observer deployed to a shoreside processing facility must be provided with individually assigned communication equipment in working order, such as a cell phone or pager, for notification of upcoming deliveries or other necessary communication. Each observer assigned to a shoreside processing facility located more than 1 mile from the observer's local accommodations shall be provided with motorized transportation that will ensure the observer's arrival at the processing facility in a timely manner such that the observer can complete his or her assigned duties. (8) Limit observer deployment. (i) Deploy an observer on the same vessel or at the same shoreside or stationary floating processor for more than 90 days in a 12-month period; (ii) Deploy an observer for more than 90 days in a single deployment; (iii) Include in a single deployment of an observer, assignments to more than four vessels, including groundfish and all other vessels, and/or shoreside processors; or (iv) Move an observer from a vessel or stationary floating processor or shoreside processor before that observer has completed his or her sampling or data transmission duties. (9) Verify vessel USCG Safety Decal. 1 (i) An employee of the observer provider, including the observer, visually inspects the decal aboard the vessel and confirms that the decal is valid according to the decal date of issuance; or (ii) The observer provider receives a hard copy of the USCG documentation of the decal issuance from the vessel owner or operator. (10) Provide 24 hours a day communications with observers. (11) Provide information to the Observer Program. (i) Registration materials. (A) Observer training registration, including: ( 1 ( 2 i.e., ( 3 ( 4 (B) Observer briefing registration, including: ( 1 ( 2 (ii) Statement of projected observer assignments. (iii) Physician's statement. (iv) Observer deployment/logistics report. (v) Observer debriefing registration. (vi) Certificates of insurance. (vii) Observer provider contracts. (A) Vessels required to have observer coverage as specified at § 679.51(a)(2); (B) Shoreside processors or stationary floating processors required to have observer coverage as specified at § 679.51(b)(2); and (C) Observers. (viii) Observer provider invoices. (A) A copy of the invoices must be received by the Observer Program within 45 days of the date on the invoice and must include all reconciled and final charges. (B) Invoices must contain the following information: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (ix) Change in observer provider management and contact information. (x) Other reports. (A) Within 24 hours after the observer provider becomes aware of the following information: ( 1 ( 2 ( 3 ( 4 ( 5 (B) Within 72 hours after the observer provider determines that an observer violated the observer provider's conduct and behavior policy described at paragraph (b)(3)(i) of this section; these reports shall include the underlying facts, circumstances, and provider responses to the violation, including the steps taken to enforce the provider's conduct and behavior policy. (12) Replace lost or damaged gear. (13) Maintain confidentiality of information. (c) Limitations on conflict of interest. (1) Are authorized to provide observer services under an FMP or the Halibut Act for the waters off Alaska as required in § 679.51(a)(2) or (b)(2), or scientific data collector and observer services to support NMFS-approved scientific research activities, exempted educational activities, or exempted or experimental fishing as defined in § 600.10 of this chapter. (2) Must not have a direct financial interest, other than the provision of observer or scientific data collector services, in a North Pacific fishery managed under an FMP or the Halibut Act for the waters off Alaska, including, but not limited to: (i) Any ownership, mortgage holder, or other secured interest in a vessel, shoreside processor or stationary floating processor facility involved in the catching or processing of fish, (ii) Any business involved with selling supplies or services to any vessel, shoreside processor, or stationary floating processor participating in a fishery managed pursuant to an FMP or the Halibut Act in the waters off Alaska, or (iii) Any business involved with purchasing raw or processed products from any vessel, shoreside processor, or stationary floating processor participating in a fishery managed pursuant to an FMP or the Halibut Act in the waters off Alaska. (3) Must assign observers without regard to any preference by representatives of vessels, shoreside processors, or stationary floating processors other than when an observer will be deployed. (4) Must not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who conducts fishing or fish processing activities that are regulated by NMFS, or who has interests that may be substantially affected by the performance or nonperformance of the official duties of the observer provider. (d) EM hardware service provider permit. Permit. (2) EM hardware service provider. (3) Contents of application. (i) Contact information. (B) Current physical location, business mailing address, business telephone, and business email address for each office of the EM hardware service provider. (ii) Hardware and software testing. (iii) Data review. (iv) Conflict of interest. (v) Criminal convictions and Federal contracts. (A) Any criminal convictions; and (B) Any Federal contracts they have had and the performance rating they received for each such contract. (vi) Prior experience. (vii) Responsibilities and duties. (4) Application evaluation. (5) Agency determination on an application. (6) Transferability. (7) Expiration of EM hardware service provider permit. Permit duration. (ii) Permit expiration. (8) Removal of permit. (e) Responsibilities of EM hardware service providers. [77 FR 70096, Nov. 21, 2012, as amended at 81 FR 67118, Sept. 30, 2016; 83 FR 30533, June 29, 2018; 87 FR 54910, Sept. 8, 2022; 89 FR 60814, July 29, 2024] § 679.53 Observer certification and responsibilities. (a) Observer certification Applicability. (2) Observer certification official. (3) Certification requirements. (i) Is employed by a permitted observer provider company at the time of the issuance of the certification; (ii) Has provided, through their observer provider: (A) Information identified by NMFS at § 679.52(b)(11)(i)(A)( 3 4 (B) Information identified by NMFS at § 679.52(b)(11)(iii) regarding the observer candidate's health and physical fitness for the job; (iii) Meet all education and health standards as specified in § 679.52(b)(1)(i) and § 679.52(b)(11)(iii), respectively; (iv) Has successfully completed a NMFS-approved training as prescribed by the Observer Program. (A) Successful completion of training by an observer applicant consists of meeting all attendance and conduct standards issued in writing at the start of training; meeting all performance standards issued in writing at the start of training for assignments, tests, and other evaluation tools; and completing all other training requirements established by the Observer Program. (B) If a candidate fails training, he or she will be orally notified of the unsatisfactory status of his or her training on or before the last day of training. Within 10 business days of the oral notification, the Observer Program will notify the observer candidate in writing. The written notification will specify why the candidate failed the training and whether the candidate may retake the training. If a determination is made that the candidate may not pursue further training, notification will be in the form of a written determination denying certification, as specified under paragraph (a)(4)(i) of this section. (v) Have not been decertified under paragraph (c) of this section. (4) Agency determinations on observer certification Denial of certification. (ii) Issuance of an observer certification. (5) Endorsements. (i) Certification training endorsement. (ii) Annual general endorsement. (iii) Deployment endorsements. (iv) Level 2 endorsements. (A) Previously served as an observer in the groundfish or halibut fisheries off Alaska and has completed at least 60 days of observer data collection; (B) Received an evaluation by NMFS for his or her most recent deployment that indicated the observer's performance met Observer Program expectations standards for that deployment; and (C) Complies with all the other requirements of this section. (v) An observer who has obtained a level 2 endorsement to his or her observer certification as specified in paragraph (a)(5)(iv) of this section may additionally receive a lead level 2 observer endorsement if the observer meets the following requirements: (A) A lead level 2 observer on a catcher/processor using trawl gear or a mothership must have completed two observer cruises (contracts) and sampled at least 100 hauls on a catcher/processor using trawl gear or on a mothership. (B) [Reserved] (C) A lead level 2 observer on a vessel using nontrawl gear must have completed the following: ( 1 ( 2 ( 3 (b) Standards of observer conduct Limitations on conflict of interest. (A) Must not have a direct financial interest, other than the provision of observer services, in a North Pacific fishery, including, but not limited to: ( 1 ( 2 ( 3 (B) May not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who either conducts activities that are regulated by NMFS or has interests that may be substantially affected by the performance or nonperformance of the observer's official duties. (C) May not serve as an observer on any vessel or at any shoreside or stationary floating processing facility owned or operated by a person who previously employed the observer. (D) May not solicit or accept employment as a crew member or an employee of a vessel, shoreside processor, or stationary floating processor in a North Pacific fishery while employed by an observer provider. (ii) Provisions for remuneration of observers under this section do not constitute a conflict of interest. (2) Standards of behavior. (i) Perform assigned duties as described in the Observer Sampling Manual or other written instructions from the Observer Program; (ii) Accurately record their sampling data, write complete reports, and report accurately any observations of suspected violations of regulations relevant to conservation of marine resources or their environment; and (iii) Not disclose collected data and observations made aboard the vessel or in the processing facility to any person except the owner or operator of the observed vessel or processing facility, an authorized officer, or NMFS. (c) Suspension and decertification Suspension and decertification review official. (2) Causes for suspension or decertification. (i) When it is alleged that the observer has committed any acts or omissions of any of the following: (A) Failed to satisfactorily perform the duties of an observer as specified in writing by the Observer Program; or (B) Failed to abide by the standards of conduct for an observer as prescribed under paragraph (b) of this section; (ii) Upon conviction of a crime or upon entry of a civil judgment for: (A) Commission of fraud or other violation in connection with obtaining or attempting to obtain certification, or in performing the duties as specified in writing by the Observer Program; (B) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (C) Commission of any other offense indicating a lack of integrity or honesty that seriously and directly affects the fitness of observers. (3) Issuance of initial administrative determination. (4) Appeals. [77 FR 70099, Nov. 21, 2012, as amended at 81 FR 67118, Sept. 30, 2016; 83 FR 30532, 30533, June 29, 2018; 88 FR 77231, Nov. 9, 2023] § 679.54 Release of observer data to the public. (a) Summary of weekly data. (1) Vessel name and Federal permit number. (2) Number of Chinook salmon and “other salmon” observed. (3) The ratio of total round weight of incidentally caught halibut or Pacific herring to the total round weight of groundfish in sampled catch. (4) The ratio of number of king crab or C. bairdi (5) The number of observed trawl hauls or fixed gear sets. (6) The number of trawl hauls that were basket sampled. (7) The total weight of basket samples taken from sampled trawl hauls. (b) Haul-specific data. (i) Date. (ii) Time of day gear is deployed. (iii) Latitude and longitude at beginning of haul. (iv) Bottom depth. (v) Fishing depth of trawl. (vi) The ratio of the number of Chinook salmon to the total round weight of groundfish. (vii) The ratio of the number of other salmon to the total round weight of groundfish. (viii) The ratio of total round weight of incidentally caught halibut to the total round weight of groundfish. (ix) The ratio of total round weight of herring to the total round weight of groundfish. (x) The ratio of the number of king crab to the total round weight of groundfish. (xi) The ratio of the number of C. bairdi (xii) Sea surface temperature (where available). (xiii) Sea temperature at fishing depth of trawl (where available). (2) The identity of the vessels from which the data in paragraph (b)(1) of this section are collected will not be released. (c) Competitive harm. [77 FR 70101, Nov. 21, 2012] § 679.55 Observer fees. (a) Responsibility. (b) Observer fee liability determination. (c) Landings subject to the observer fee. If fish in the landing by a catcher vessel or production by a catcher/processor is from the following fishery or species: Is fish from the landing subject to the observer fee? If the vessel is not designated on an FFP or required to be If the vessel is designated on an FFP or required to be designated on an FFP: (1) Groundfish listed in Table 2a to this part that are harvested in the EEZ and subtracted from a total allowable catch limit specified under § 679.20(a) Not applicable, an FFP is required to harvest these groundfish in the EEZ Yes. (2) Groundfish listed in Table 2a to this part that are harvested in Alaska State waters, including in a parallel groundfish fishery, and subtracted from a total allowable catch limit specified under § 679.20(a) No Yes. (3) Sablefish IFQ, regardless of where harvested Yes Yes. (4) Halibut IFQ or halibut CDQ, regardless of where harvested Yes Yes. (5) Groundfish listed in Table 2a to this part that are harvested in Alaska State waters, but are not subtracted from a total allowable catch limit under § 679.20(a) No No. (6) Any groundfish or other species not listed in Table 2a to part 679, except halibut IFQ or CDQ halibut, regardless of where harvested No No. (d) Standard ex-vessel prices General. Federal Register (2) Effective duration. Federal Register. (3) Standard ex-vessel price determination and use Groundfish standard ex-vessel prices. (A) Groundfish standard ex-vessel prices will be calculated as a 3-year rolling average of standard prices for each species, port or port-group, and gear. (B) Gear categories for groundfish standard ex-vessel prices are: Pelagic trawl gear, non-pelagic trawl gear, and non-trawl gear. (ii) Halibut and fixed gear sablefish standard ex-vessel prices. (A) Halibut; (B) IFQ sablefish; and (C) Sablefish accruing against the fixed-gear sablefish CDQ allocation. (iii) Confidentiality. (e) Determining the ex-vessel value of groundfish and halibut. Federal Register (f) Observer fee percentage. (g) Fee collection. (h) Payment Payment due date. (2) Payment recipient. (3) Payment address. http://alaskafisheries.noaa.gov. (4) Payment method. (5) Underpayment of fee liability. (ii) If a permit holder fails to submit full payment for the observer fee liability by the date described in paragraph (h)(1) of this section, the Regional Administrator may: (A) At any time thereafter send an initial administrative determination to the liable permit holder stating that the permit holder's estimated fee liability, as calculated by the Regional Administrator and sent to the permit holder pursuant to paragraph (b) of this section, is the amount of observer fee due from the permit holder. (B) Disapprove any issuance of an FPP or Registered Buyer permit to the applicant in accordance with § 679.4. (iii) If payment is not received by the 30th day after the final agency action, the agency may pursue collection of the unpaid fees. (i) Overpayment of fee. (j) Appeals. [77 FR 70102, Nov. 21, 2012, as amended at 81 FR 17411, Mar. 29, 2016; 85 FR 41427, July 10, 2020] § 679.56 Full coverage trawl Electronic Monitoring category fee. (a) Full coverage trawl electronic monitoring (EM) category fee Responsibility. (2) Landings subject to the observer fee. (3) Fee collection. (4) Payment. Payment due date. (ii) Payment recipient and method. (b) Full coverage standard ex-vessel value determination and use. (c) Full coverage fee percentages. Established percentages. Federal Register (2) Calculating fee percentage value. (i) Factors. (A) The catch to which the full coverage trawl EM fee will apply; (B) The ex-vessel value of that catch; and (C) The costs directly related to the EM data collection, EM data review, VMP approval, and trawl EM category data. (ii) Methodology. DPC V, (A) DPC (B) V (iii) Program costs. (3) Publication. General. Federal Register (ii) Effective period. (4) Applicable percentage. [89 FR 60815, July 29, 2024] § 679.57 Trawl EM incentive plan agreements. (a) Parties to a trawl EM Incentive Plan Agreement (TEM IPA) TEM IPA. (2) Compliance. (b) Request for approval of a proposed TEM IPA. (1) Affidavit. (2) Name of the TEM IPA Representative. (4) Incentive plan. (i) Restrictions, penalties, or performance criteria that will limit changes in fishing behavior. (ii) Incentive measures to discourage catcher vessels from harvesting pollock catch in excess of 300,000 (136 mt) pounds during a fishing trip, on average in the GOA, and an explanation of how the incentive(s) encourage vessel operators to limit harvest in excess of 300,000 (136 mt) pounds of pollock per fishing trip in the GOA. (iii) Incentive measures to prevent catcher vessels from exceeding the MRAs established in § 679.21(e) and how the incentives encourage vessel operators to avoid bycatch and avoid exceeding the maximum retainable amounts established in § 679.20(e). (iv) Acknowledgment by the parties that NMFS will disclose to the public their vessels' performance under the TEM IPA and any restrictions, penalties, or performance criteria imposed under the TEM IPA by vessel name. (5) Compliance agreement. (6) Signatures. (c) Deadline and duration. Deadline for proposed TEM IPA. (2) Duration. (d) NMFS review of a proposed TEM IPA. Approval. (i) Complies with the submission requirements of paragraphs (b) and (c) of this section; and (ii) Contains the information required in paragraph (b) of this section. (2) Amendments to a TEM IPA. (3) Disapproval. (A) If the proposed TEM IPA fails to meet any of the requirements of paragraph (b) of this section; or (B) If a proposed amendment to a TEM IPA would cause the TEM IPA to no longer comply with the requirements of paragraph (b) of this section. (ii) [Reserved] (4) Initial Administrative Determination (IAD). (5) Appeal. (6) Pending approval. (e) Public release of a TEM IPA and performance metrics. (1) Approvals. (2) Parties. (3) Names. (i) On average, harvesting pollock catch in excess of 300,000 pounds (136 mt) per fishing trip in the GOA; (ii) Harvest bycatch in quantities that exceed MRAs; and (iii) Vessels' performance under the TEM IPA and any restrictions, penalties, or performance criteria imposed under the TEM IPA by vessel name. (f) TEM IPA Annual Report. (1) Submission deadline. (2) Information requirements. (i) A comprehensive description of the incentive measures in effect in the previous year; (ii) A description of how these incentive measures affected individual vessels; (iii) An evaluation of whether incentive measures were effective in limiting changes in vessel behavior including the effectiveness of: (A) Measures to discourage participating vessels, on average, from harvesting pollock catch in excess of 300,000 pounds (136 mt) per fishing trip in the GOA; (B) Measures that incentivize participating vessels to avoid exceeding MRAs established in § 679.20(e) applicable to non-EM vessels; (C) Restrictions, penalties, or performance criteria that were imposed to prevent vessels from consistently exceeding catcher vessel harvest limit for pollock in the GOA or MRAs relative to non-EM vessels by vessel name (see §§ 679.7(b)(2) and 679.20(e)); (D) The frequency of vessels exceeding the catcher vessel harvest limit for pollock in the GOA and MRA limits relative to non-EM vessels (see §§ 679.7(b)(2) and 679.20(e)); and (E) Identification of, and the TEM IPA's response to, vessels directed fishing in conflict with harvest specifications or directed fishing for Steller Sea Lion forage species within closed Steller Sea Lion protection areas. (iv) A description of any amendments to the TEM IPA that were approved by NMFS since the last annual report and the reasons that the amendments to the TEM IPA were requested. [89 FR 60815, July 29, 2024] Subpart F—American Fisheries Act and Aleutian Island Directed Pollock Fishery Management Measures Source: 67 FR 79734, Dec. 30, 2002, unless otherwise noted. § 679.60 Authority and related regulations. (a) Regulations under this subpart were developed by the National Marine Fisheries Service and the North Pacific Fishery Management Council to implement the American Fisheries Act (AFA) (Div. C, Title II, Subtitle II, Public Law 105-277, 112 Stat. 2681 (1998)) and the Consolidated Appropriations Act of 2004 (Public Law 108-199, Sec. 803). Additional regulations in this part that implement specific provisions of the AFA and Consolidated Appropriations Act of 2004 are set out at §§ 679.2 Definitions, 679.4 Permits, 679.5 Recordkeeping and reporting (R &R), 679.7 Prohibitions, 679.20 General limitations, 679.21 Prohibited species bycatch management, 679.28 Equipment and operational requirements, 679.31 CDQ reserves, and 679.50 Groundfish Observer Program. (b) Regulations developed by the Department of Transportation to implement provisions of the AFA are found at 46 CFR part 356. [70 FR 9867, Mar. 1, 2005] § 679.61 Formation and operation of fishery cooperatives. (a) Who is liable for violations by a fishery cooperative and cooperative members? (b) Who must comply this section? (c) Designated representative and agent for service of process. (1) What is a designated representative? (2) What is an agent for service of process? (3) What is the term of service and process for replacing the agent for service of process? (d) Annual filing requirements. (1) Must multi-year contracts be re-filed annually? (2) Where must contracts or renewal letters be filed? (3) What is the deadline for filing? (e) What are the required elements in a cooperative contract? Requirements for all fishery cooperatives. (i) List parties to the contract. (ii) List all vessels and processors that will harvest and process pollock harvested under the cooperative. (iii) Specify the amount or percentage of pollock allocated to each party to the contract. (iv) Specify a designated representative and agent for service of process. (v) Include a contract clause under which the parties to the contract agree to make payments to the State of Alaska for any pollock harvested in the directed pollock fishery that are not landed in the State of Alaska, in amounts which would otherwise accrue had the pollock been landed in the State of Alaska subject to any landing taxes established under Alaska law. Failure to include such a contract clause or for such amounts to be paid will result in a revocation of the authority to form fishery cooperatives under section 1 of the Act of June 25, 1934 (15 U.S.C. 521 et seq. (vi) List the obligations of members of a cooperative, governed by this section, to ensure the full payment of all AFA fee liabilities that may be due. (2) Additional required elements in all fishery cooperatives that include AFA catcher vessels. (i) The aggregate individual vessel sideboard limits issued to all member vessels in a cooperative must not exceed the aggregate contributions of each member vessel towards the overall groundfish sideboard amount as calculated by NMFS under § 679.64(b) and as announced to the cooperative by the Regional Administrator, or (ii) In the case of two or more cooperatives that have entered into an inter-cooperative agreement, the aggregate individual vessel sideboard limits issued to all member vessels subject to the inter-cooperative agreement must not exceed the aggregate contributions of each member vessel towards the overall groundfish sideboard amount as calculated by NMFS under § 679.64(b) and as announced by the Regional Administrator. (f) Annual reporting requirement. (1) What is the submission deadline? (2) What information must be included? (i) The cooperative's allocated catch of pollock and sideboard species, and any sub-allocations of pollock and sideboard species made by the cooperative to individual vessels on a vessel-by-vessel basis; (ii) The cooperative's actual retained and discarded catch of pollock, sideboard species, and PSC on an area-by-area and vessel-by-vessel basis; (iii) A description of the method used by the cooperative to monitor fisheries in which cooperative vessels participated; (iv) A description of any actions taken by the cooperative in response to any vessels that exceed their allowed catch and bycatch in pollock and all sideboard fisheries; and (v) The total weight of pollock landed outside the State of Alaska on a vessel-by-vessel basis. (vi) The number of salmon taken by species and season, and list each vessel's number of appearances on the weekly “dirty 20” lists for non-Chinook salmon. (3) What is the required format? (g) Landing tax payment deadline. [67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003; 70 FR 9868, Mar. 1, 2005; 72 FR 61076, Oct. 29, 2007; 73 FR 76166, Dec. 15, 2008; 75 FR 53069, Aug. 30, 2010; 76 FR 12886, Mar. 9, 2011; 81 FR 168, Jan. 5, 2016] § 679.62 Inshore sector cooperative allocation program. (a) How will inshore sector cooperative allocations be made? (1) Determination of individual vessel catch histories. (i) Determination of annual landings. (ii) Determination of annual landings for the F/V PROVIDIAN. (iii) Offshore compensation. (iv) Best two out of three years. (2) Determination of individual vessel catch histories after approval of replacement of catcher vessel and approval of removal of catcher vessel from the AFA directed pollock fishery. (ii) If NMFS approves the application of an owner of a catcher vessel that is a member of an inshore vessel cooperative to remove a catcher vessel from the AFA directed pollock fishery pursuant to § 679.4(l)(7), NMFS will assign the AFA inshore pollock catch history of the removed vessel to one or more vessels in the inshore vessel cooperative to which the removed vessel belonged as required by § 679.4(l)(7); NMFS will not assign the catch history for any non-pollock species of the removed vessel to any other vessel, and NMFS will permanently extinguish any exemptions from sideboards that were specified on the AFA permit of the removed vessel. (3) Conversion of individual vessel catch histories to annual cooperative quota share percentages. (4) Conversion of quota share percentage to TAC allocations. (b) What are the restrictions on fishing under a cooperative fishing permit? (1) What vessels are eligible to fish under an inshore cooperative fishing permit? (2) What harvests accrue against an inshore cooperative's annual pollock allocation? (i) Member vessels. (ii) Contract vessels. (c) Contract fishing by non-member vessels. (1) How does a cooperative contract with a non-member vessel? (2) What information must be included on a contract fishing application? (i) Co-op name(s). (ii) Designated representative(s). (iii) Vessel name. (iv) Vessel owner. (v) Harvest schedule. (3) What vessels are eligible to conduct contract fishing on behalf of an inshore cooperative? (4) Who must be informed? (5) How must contract fishing be reported to NMFS? [67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003; 69 FR 64688, Nov. 8, 2004; 70 FR 9868, Mar. 1, 2005; 79 FR 54602, Sept. 12, 2014; 84 FR 2728, Feb. 8, 2019] § 679.63 Catch weighing requirements for vessels and processors. (a) What are the requirements for listed AFA catcher/processors and AFA motherships? Catch weighing. (2) Observer sampling station. (b) What are the requirements for unlisted AFA catcher/processors? (c) What are the requirements for AFA replacement vessels? (d) What are the requirements for AFA inshore processors? Catch weighing. (2) The plant manager or plant liaison must notify the observer of the offloading schedule for each delivery of BSAI pollock by an AFA catcher vessel at least 1 hour prior to offloading. An observer must monitor each delivery of BSAI pollock from an AFA catcher vessel and be on site the entire time the delivery is being weighed or sorted. [67 FR 79734, Dec. 30, 2002, as amended at 79 FR 54602, Sept. 12, 2014; 84 FR 55053, Oct. 15, 2019; 88 FR 77231, Nov. 9, 2023] § 679.64 Harvesting sideboard limits in other fisheries. (a) Harvesting sideboards for listed AFA catcher/processors and catcher/processors designated on listed AFA catcher/processor permits. (1) How will groundfish sideboard limits for AFA listed catcher/processors and catcher/processors designated on listed AFA catcher/processor permits be calculated? (i) Aleutian Islands Pacific ocean perch. (B) If the amount of Pacific ocean perch calculated under paragraph (a)(1)(i)(A) of this section is determined by the Regional Administrator to be insufficient to meet bycatch needs of AFA catcher/processors in other directed fisheries for groundfish, the Regional Administrator will prohibit directed fishing for Aleutian Islands Pacific ocean perch by AFA catcher/processors and establish the sideboard amount equal to the amount of Aleutian Islands Pacific ocean perch caught by AFA catcher/processors incidental to directed fishing for other groundfish species. (ii) Atka mackerel. (A) Bering Sea subarea and Eastern Aleutian Islands, zero; and (B) Western Aleutian Islands, 20 percent of the annual TAC specified for Atka mackerel. (iii) Flathead sole, rock sole, and yellowfin sole. (iv) Remaining groundfish species. (B) If the amount of a species calculated under paragraph (a)(1)(iv)(A) of this section is determined by the Regional Administrator to be insufficient to meet bycatch needs for AFA catcher/processors in other directed fisheries for groundfish, the Regional Administrator will prohibit directed fishing for that species by AFA catcher/processors and establish the sideboard amount equal to the amount of that species caught by AFA catcher/processors incidental to directed fishing for other groundfish species. (v) Yellowfin sole sideboard limit exemption. (2) What are the halibut and crab PSC sideboard limits? (3) How will AFA catcher/processor sideboard limits be managed? (ii) Directed fishing for the BSAI groundfish that have sideboard limits listed in Table 54 of this part is prohibited. (b) Harvesting sideboards for AFA catcher vessels. (1) To whom do the catcher vessel sideboard limits apply? (2) Who is exempt from catcher vessel sideboards? (B) AFA catcher vessels with mothership endorsements are exempt from BSAI Pacific cod catcher vessel sideboard directed fishing closures after March 1 of each fishing year. (ii) GOA groundfish sideboard exemptions. (iii) An AFA rebuilt catcher vessel will have the same sideboard exemptions, if any, as the vessel before rebuilding, irrespective of the length of the AFA rebuilt catcher vessel. (iv) An AFA replacement vessel for an AFA catcher vessel will have the same sideboard exemptions, if any, as the replaced AFA catcher vessel, irrespective of the length of the AFA replacement vessel, except that if the replacement vessel was already designated on an AFA permit as exempt from sideboard limits, the replacement vessel will maintain the exemption even if the replaced vessel was not exempt from sideboard limits. (3) How will groundfish sideboard limits be calculated? (i) BSAI groundfish other than Amendment 80 species. (ii) BSAI Pacific cod. (iii) Amendment 80 species other than Pacific cod. (iv) GOA groundfish. (4) How will halibut and crab PSC limits be calculated? (ii) The non-exempt AFA catcher vessels and the associated LLP licenses PSC bycatch limit for halibut in the GOA will be an annual amount based on a static ratio of 0.072 derived from the aggregate retained groundfish catch by non-exempt AFA CVs in each PSC target category from 2009 through 2019. (5) How will catcher vessel sideboard limits be managed? (ii) Directed fishing for the BSAI groundfish that have sideboard limits listed in Table 55 of this part and the GOA groundfish that have sideboard limits listed in Table 56 of this part is prohibited. (6) Yellowfin sole sideboard limit exemption. [67 FR 79734, Dec. 30, 2002, as amended at 70 FR 9868, Mar. 1, 2005; 72 FR 52725, Sept. 14, 2007; 72 FR 50818, Sept. 4, 2007; 73 FR 27770, May 14, 2008; 79 FR 54602, Sept. 12, 2014; 81 FR 24733, Apr. 27, 2016; 84 FR 2728, Feb. 8, 2019; 88 FR 53735, Aug. 8, 2023] § 679.65 Bering Sea Chinook Salmon Bycatch Management Program Economic Data Report (Chinook salmon EDR program). (a) Requirements. (1) Daily fishing logbook See (2) Electronic logbook See (3) IPA Annual Report. (4) AFA cooperative annual reporting requirement. See (b) Chinook salmon PSC Compensated Transfer Report (CTR). (2) Any person who transferred Chinook salmon PSC allocation after January 20, and paid or received money for the transfer, must submit a completed CTR (Part 1 and Part 2) for the previous calendar year. (3) The CTR is available through the Internet on the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov, (4) Beginning in 2013, and each year thereafter, the completed CTR must be submitted electronically on or before 1700, A.l.t., on June 1, following the instructions on the form. (c) Vessel Fuel Survey. (2) The Vessel Fuel Survey is available through the Internet on the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov, (3) The owner or leaseholder annually must submit a completed Vessel Fuel Survey, electronically on or before 1700, A.l.t., on June 1, 2013, and each year thereafter, following the instructions on the form. (d) Vessel Master Survey. (i) The vessel master must complete the Vessel Master Survey, and the Vessel Master certification following the instructions on the form. (ii) An owner or leaseholder must complete the Vessel owner certification following instructions on the form. (iii) An owner or leaseholder must submit all Vessel Master Surveys, and each Vessel owner certification electronically on or before 1700, A.l.t., on June 1, 2013, and each year thereafter, following the instructions on the form. (2) The Vessel Master Survey is available through the Internet on the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov, (e) Chinook salmon EDR verification procedures. (1) The persons identified at § 679.65(b)(1), (b)(2), (c)(1), (d)(1)(i), and (d)(1)(ii) must respond to inquiries by NMFS and its DCA for purposes of the CTR, within 20 days of the date of issuance of the inquiry. (2) [Reserved]. [77 FR 5395, Feb. 3, 2012, as amended at 88 FR 7591, Feb. 6, 2023] § 679.66 AFA cost recovery. (a) Cost recovery fee program for AFA Who is responsible for submitting the fee? (ii) The person designated as the representative of the entity representing the AFA catcher/processor sector under § 679.21(f)(8)(i)(C) at the time of a Bering Sea pollock landing. (iii) The person designated as the representative of the AFA mothership cooperative at the time of a Bering Sea pollock landing. (2) Responsibility. (ii) Changes in the membership in a cooperative, such as members joining or departing during the relevant year, or changes in the holdings of AFA permits of those members do not affect the designated representative's liability for noncompliance with this section. (3) Fee collection. (4) Payment Payment due date. (ii) Payment recipient. (iii) Payment address. http://alaskafisheries.noaa.gov. (iv) Payment method. (b) AFA standard ex-vessel value determination and use General. (2) AFA standard price General. Federal Register (ii) Effective duration. (iii) Determination. (A) Landed pounds of Bering Sea pollock; (B) Total ex-vessel value of Bering Sea pollock; and (C) Price adjustments, including retroactive payments. (c) AFA fee percentages Established percentages. Federal Register (2) Calculating fee percentage value. (i) Factors. (A) The catch to which the AFA pollock cost recovery fee will apply; (B) The ex-vessel value of that catch; and (C) The costs directly related to the management, data collection, and enforcement of the AFA directed pollock fisheries. (ii) Methodology. (A) DPC = the direct program costs for the directed AFA pollock fisheries for the most recent fiscal year (October 1 through September 30) with any adjustments to the account from payments received in the previous year. (B) V = total of the standard ex-vessel value of the catch subject to the AFA fee liability for the current year. (iii) Direct program costs will be calculated separately for: (A) AFA inshore cooperatives; (B) The AFA catcher/processor sector; and (C) The AFA mothership cooperative. (3) Publication General. Federal Register (ii) Effective period. (4) Applicable percentage. (5) Fee liability determination. (ii) The AFA fee liability assessed to an AFA inshore cooperative will be based on the proportion of the AFA fee liability of Bering Sea pollock debited from that AFA inshore cooperative's AFA pollock fishery allocation relative to all AFA inshore cooperatives during a calendar year as determined by NMFS. (iii) The AFA fee liability assessed to the AFA catcher/processor sector will be based on the standard ex-vessel value of Bering Sea pollock debited from the sector's AFA pollock fishery allocation during a calendar year as determined by NMFS. (iv) The AFA fee liability assessed to the AFA mothership cooperative will be based on the proportion of the standard ex-vessel value of Bering Sea pollock debited from the cooperative's AFA pollock fishery allocation during a calendar year as determined by NMFS. (v) NMFS will provide a fee liability summary letter to each designated representative by December 1 of each year. The summary will explain the AFA fee liability determination including the current fee percentage and details of Bering Sea pollock pounds debited from the AFA pollock fishery allocation by permit, species, date, and prices. (d) Underpayment of fee liability (2) The AFA mothership cooperative will not receive its AFA pollock fishery allocation until the cooperative's designated representative submits full payment of that cooperative's AFA fee liability. (3) The AFA catcher/processor sector will not receive its Bering Sea pollock allocation until the entity's designated representative defined at § 679.21(f)(8)(i)(C) submits full payment of the AFA fee liability at the time of a Bering Sea pollock landing, except the Regional Administrator may release to the AFA catcher/processor sector a portion of the AFA catcher/processor sector's Bering Sea pollock allocation that is equal to the portion of the fee liability submitted by the entity's designated representative. (4) If the designated representative fails to submit full payment for the AFA fee liability by the date described in paragraph (a)(4) of this section, the Regional Administrator, at any time thereafter, may send an IAD to the designated representative stating that the estimated fee liability, based on the information submitted by the designated representative, is the AFA fee liability due from the designated representative. (5) If the designated representative fails to submit full payment for the AFA fee liability by the date described at paragraph (a)(4) of this section, the Regional Administrator will not issue a Bering Sea pollock allocation to that AFA cooperative or AFA sector for the following calendar year, except as provided in paragraph (d)(3) of this section. (6) Upon final agency action determining that the designated representative has not submitted the AFA fee liability payment, the Regional Administrator may continue to not issue a Bering Sea pollock allocation for that AFA cooperative or AFA sector for any subsequent calendar years until NMFS receives the unpaid fees. If payment is not received by the 30th day after the final agency action, the agency may pursue collection of the unpaid fees. (e) Over payment. (f) Appeals. (g) Annual report. [81 FR 168, Jan. 5, 2016] § 679.67 Aleutian Islands pollock cost recovery. (a) Cost recovery fee program for Aleutian Islands pollock Representative. (2) Fee collection. (3) Payment Payment due date. (ii) Payment recipient. (iii) Payment address. http://alaskafisheries.noaa.gov. (iv) Payment method. (b) Aleutian Islands pollock standard ex-vessel value determination and use General. (2) Aleutian Islands pollock standard price General. Federal Register (ii) Effective duration. (iii) Determination. (A) Landed pounds of Aleutian Islands pollock; (B) Total ex-vessel value of Aleutian Islands pollock; and (C) Price adjustments, including retroactive payments. (c) Aleutian Islands pollock fee percentage Established percentage. Federal Register (2) Calculating fee percentage value. (i) Factors. (A) The catch to which the Aleutian Islands pollock cost recovery fee will apply; (B) The ex-vessel value of that catch; and (C) The costs directly related to the management, data collection, and enforcement of the Aleutian Islands directed pollock fishery. (ii) Methodology. (A) DPC = the direct program costs for the Aleutian Islands directed pollock fishery for the most recent fiscal year (October 1 through September 30) with any adjustments to the account from payments received in the previous year. (B) V = total of the standard ex-vessel value of the catch subject to the Aleutian Islands pollock fee liability for the current year. (3) Publication General. Federal Register (ii) Effective period. (4) Applicable percentage. (5) Fee liability determination. (ii) NMFS will provide a fee liability summary letter to the Aleut Corporation by December 1 of each year. The summary will explain the fee liability determination including the current fee percentage, and details of Aleutian Islands pollock pounds debited from the Aleutian Islands directed pollock fishery allocation by permit, species, date, and prices. (d) Underpayment of fee liability (2) If the Aleut Corporation's designated representative fails to submit full payment for Aleutian Islands pollock fee liability by the date described in paragraph (a)(3) of this section, the Regional Administrator may at any time thereafter send an IAD to the Aleut Corporation's designated representative stating that the estimated fee liability, based on the information submitted by the designated representative, is the Aleutian Islands pollock fee liability due from the Aleut Corporation. (3) If the Aleut Corporation's designated representative fails to submit full payment by the Aleutian Islands pollock fee liability payment deadline described at paragraph (a)(3) of this section, the Regional Administrator will not issue the Aleutian Islands directed pollock fishery allocation to the Aleut Corporation for that calendar year. (4) Upon final agency action determining that the Aleut Corporation has not paid its Aleutian Islands pollock fee liability, the Regional Administrator may continue to not issue the Aleutian Islands directed pollock fishery allocation for any subsequent calendar years until NMFS receives the unpaid fees. If payment is not received by the 30th day after the final agency action, the agency may pursue collection of the unpaid fees. (e) Over payment. (f) Appeals. (g) Annual report. [81 FR 170, Jan. 5, 2016] Subpart G—Rockfish Program Source: 76 FR 81277, Dec. 27, 2011, unless otherwise noted. § 679.80 Allocation and transfer of rockfish QS. Additional regulations that implement specific portions of the Rockfish Program are set out under: § 679.2 Definitions, § 679.4 Permits, § 679.5 Recordkeeping and reporting, § 679.7 Prohibitions, § 679.20 General limitations, § 679.21 Prohibited species bycatch management, § 679.28 Equipment and operational requirements, and § 679.50 Groundfish Observer Program. (a) Applicable areas and seasons Applicable areas. (2) [Reserved] (3) Seasons. (i) Rockfish entry level longline fishery. (ii) Rockfish cooperative. (b) Rockfish legal landings Eligible LLP licenses. (i) Under the authority of a permanent fully transferable LLP license endorsed for Central GOA groundfish with a trawl gear designation during the season dates for a rockfish primary species as established in Table 28a to this part; (ii) Under the authority of an interim LLP license endorsed for Central GOA groundfish with a trawl gear designation during the season dates for that rockfish primary species as established in Table 28a to this part; provided that: (A) NMFS has determined that an interim LLP license is ineligible to receive a designation as a permanent LLP license endorsed for Central GOA groundfish with a trawl gear designation; and (B) A permanent fully transferable LLP license endorsed for Central GOA groundfish with a trawl gear designation was assigned to the vessel that made legal rockfish landings under the authority of an interim LLP license endorsed for Central GOA groundfish prior to December 31, 2003, and was continuously assigned to that vessel through June 14, 2010; or (iii) Under the authority of a permanent fully transferable LLP license endorsed for Central GOA groundfish with a trawl gear designation during the season dates for the entry level trawl fishery in 2007, 2008, or 2009 for a rockfish primary species as established in Table 28b to this part. (2) Assigning rockfish legal landings to an LLP license. (ii) NMFS will assign rockfish legal landings made under the authority of an interim LLP license that meets the requirements in paragraph (b)(1)(ii) of this section, to the permanent fully transferable LLP license specified in paragraph (b)(1)(ii)(B) of this section. NMFS will not assign any legal rockfish landings made under the authority of the permanent fully transferable LLP license specified in paragraph (b)(1)(ii)(B) of this section prior to the date that permanent fully transferable LLP license was assigned to the vessel that made legal rockfish landings under the authority of an interim LLP license specified in paragraph (b)(1)(i) of this section. (3) Rockfish landings assigned to the catcher/processor sector. (i) The rockfish legal landings of that rockfish primary species were harvested and processed onboard a vessel during the season dates for that rockfish primary species as established in Table 28a to this part; and (ii) The rockfish legal landings were made under the authority of an eligible LLP license that is endorsed for Central GOA groundfish fisheries with trawl gear with a catcher/processor designation. (4) Rockfish legal landings assigned to the catcher vessel sector. (i) The rockfish legal landings of that rockfish primary species were harvested and not processed onboard a vessel during the season dates for that rockfish primary species as established under Table 28a or 28b to this part; and (ii) The rockfish legal landings were made under the authority of an eligible LLP license that is endorsed for Central GOA groundfish fisheries with trawl gear. (c) Rockfish Program official record Use of the Rockfish Program official record. (i) The amount of rockfish legal landings assigned to an LLP license; (ii) The amount of rockfish QS resulting from rockfish legal landings assigned to an LLP license held by a rockfish eligible harvester; (iii) Rockfish sideboard ratios assigned to an LLP license; (iv) Eligibility to participate in the Rockfish Program and assign specific harvest privileges to Rockfish Program participants. (2) Presumption of correctness. (i) An LLP license has been used onboard the same vessel from which that LLP license was derived during the calendar years 2000 and 2001, unless clear and unambiguous written documentation is provided that establishes otherwise. (ii) If more than one person is claiming the same rockfish legal landing, then each LLP license for which the rockfish legal landing is being claimed will receive an equal division of credit for the landing unless the applicants can provide written documentation that establishes an alternative means for distributing the catch history to the LLP licenses. (3) Documentation. (4) Non-severability of rockfish legal landings. (d) Application for rockfish QS Submission of application for rockfish QS. (2) Forms. http://alaskafisheries.noaa.gov, (3) Deadline. (ii) Objective written evidence of timely application will be considered proof of a timely application. (4) Contents of application. (i) Additional documentation. (B) Indicate (YES or NO) if the applicant is applying to participate in the Rockfish Program based on rockfish legal landings made during the rockfish entry level trawl fishery in 2007, 2008, or 2009; and, (C) For an applicant who holds an LLP license that made rockfish legal landings during the fishery seasons established in Table 28a to this part and during the entry level trawl fishery during 2007, 2008, or 2009 established in Table 28b to this part, indicate whether you wish to receive rockfish QS based on rockfish legal landings during the fishery seasons established in Table 28a or Table 28b to this part. (ii) Exclusion from Rockfish Program for LLP licenses with rockfish legal landings. (iii) Applicant signature and certification. (5) Application evaluation. (6) Appeals. (e) Assigning rockfish QS General. (i) The amount of rockfish legal landings assigned to an LLP license as established in paragraph (e)(2) of this section; or (ii) The number of years during which a person made a rockfish legal landing to an entry level processor under the authority of an LLP license in the entry level trawl fishery during 2007, 2008, or 2009 as established in paragraph (e)(3) of this section. (2) Calculation of rockfish QS allocation for LLP licenses. (i) Sum the rockfish legal landings for each rockfish primary species “s” for each eligible LLP license “l” for each year during the fishery seasons established in Table 28a to this part. For purposes of this calculation, the Regional Administrator will not assign any amount of rockfish legal landings to an LLP license that is assigned rockfish QS under the provisions in paragraph (e)(3) of this section. This yields the Rockfish Total Catch for each rockfish primary species for each year. (ii) For each rockfish primary species, sum the highest 5 years of Rockfish Total Catch for each eligible LLP license described under paragraph (e)(2)(i) of this section. This yields the Highest 5 Years ls. (iii) Sum the Highest 5 Years ls ls s (3) Calculation of rockfish QS allocation for LLP licenses that receive rockfish QS under the entry level trawl fishery transition allocation. (i) Assign one Rockfish Landing Unit to an LLP license for each year a rockfish legal landing of any rockfish primary species was made to an entry level processor under the authority of an LLP license during the season dates for the entry level trawl fishery in 2007, 2008, or 2009 as established in Table 28b to this part. This yields the Rockfish Landing Units. l (ii) Sum the Rockfish Landing Units of all eligible LLP licenses. (iii) Divide the Rockfish Landing Units l l l Rockfish Landing Units l l l. (iv) Determine the Total Entry Level Trawl Fishery Transition Rockfish QS pool for each rockfish primary species “s” as presented in the following equation: (Σ All Highest 5 Years s s s. (v) Multiply the Percentage of the Total Entry Level Trawl Fishery Transition Rockfish QS pool for each LLP license, as calculated in paragraph (e)(3)(iii) of this section, by the Total Entry Level Trawl Fishery Transition Rockfish QS pool for each rockfish primary species, as calculated in paragraph (e)(3)(iv) of this section. This yields the number of rockfish QS units for that LLP license for that rockfish primary species. (vi) All rockfish QS units calculated in paragraph (e)(3)(v) of this section are assigned to the catcher vessel sector. (4) Rockfish initial QS pool. (5) Non-severability of rockfish QS from an LLP license. (f) Transfer of rockfish QS Transfer of rockfish QS. (2) Transfer of rockfish QS assigned to LLP licenses that exceeds rockfish QS use caps. (ii) Prior to the transfer of an LLP license that is assigned an initial allocation of aggregate rockfish QS that exceeds a use cap specified in § 679.82(a)(2), the LLP license holder must transfer the rockfish QS that is in excess of the use cap specified in § 679.82(a)(2), separate from that LLP license, and assign it to one or more LLP licenses under paragraph (f)(2)(i) of this section. On completion of the transfer of QS, the LLP license that was initially allocated an amount of aggregate rockfish QS in excess of the use cap may not exceed the use cap specified in § 679.82(a)(2). (iii) Any rockfish QS associated with the LLP license that is in excess of the use cap may be transferred only if Block C of the Application for Transfer License Limitation Program Groundfish/Crab License is filled out entirely. (iv) Rockfish QS may only be transferred to an LLP license that has been assigned rockfish QS with the same sector designation as the rockfish QS to be transferred. (v) Rockfish QS that is transferred from an LLP license that was initially allocated an amount of aggregate rockfish QS in excess of the use cap specified in § 679.82(a)(2) and assigned to another LLP license may not be severed from the receiving LLP license. [76 FR 81277, Dec. 27, 2011; 77 FR 38014, June 26, 2012, as amended at 86 FR 11904, Mar. 1, 2021; 86 FR 14855, Mar. 19, 2021; 89 FR 66637, Aug. 16, 2024] § 679.81 Rockfish Program annual harvester privileges. (a) Sector and LLP license allocations of rockfish primary species General. (2) Calculation. s (ii) The allocation of TAC s (iii) The allocation of TAC s s (b) Allocations of rockfish primary species CQ to rockfish cooperatives Rockfish primary species TAC s assigned to the catcher/processor and catcher vessel sector. s s (i) Catcher/Processor Sector TAC s s s s (ii) Catcher Vessel Sector TAC s s s s (2) Allocations of rockfish primary species to rockfish cooperatives. (i) Catcher vessel sector rockfish cooperatives. s s. s CQ s s s s (ii) Catcher/processor sector rockfish cooperatives. s s. The amount of CQ for each rockfish primary species that is assigned to a rockfish cooperative is expressed algebraically as follows: CQ = [(Catcher/Processor Sector TAC s (c) Allocations of rockfish secondary species CQ to rockfish cooperatives General. (2) Amount of rockfish secondary species tonnage assigned. (3) Assignment of rockfish secondary species. (4) Determining the amount of rockfish secondary species CQ assigned to a rockfish cooperative. (i) CQ assigned to rockfish cooperatives in the catcher/processor sector. CQ for that Secondary Species = Amount of that rockfish secondary species allocated to the catcher/processor sector in the Rockfish Program × (Σ Rockfish QS units for all rockfish primary species assigned to that rockfish cooperative/Σ Rockfish QS units for all rockfish primary species assigned to all rockfish cooperatives in the catcher/processor sector). (ii) CQ assigned to rockfish cooperatives in the catcher vessel sector. CQ for that Secondary Species = Amount of that rockfish secondary species allocated to the catcher vessel sector in the Rockfish Program × (Σ Rockfish QS units for all rockfish primary species assigned to that rockfish cooperative/Σ Rockfish QS units assigned to all rockfish cooperatives for all rockfish primary species in the catcher vessel sector). (d) Allocations of rockfish halibut PSC CQ to rockfish cooperatives General. (2) Amount of halibut PSC that may be assigned. (ii) The amount of halibut PSC that is not assigned to the catcher vessel and catcher/processor sectors as specified in Table 28d to this part will not be assigned for use as halibut PSC or as halibut IFQ. (3) Use of rockfish halibut PSC by a rockfish eligible harvester. (ii) Rockfish halibut PSC specified in Table 28d is not assigned to rockfish opt-out vessels. (iii) Rockfish halibut PSC specified in Table 28d is not assigned to the rockfish entry level longline fishery. (4) Determining the amount of rockfish halibut PSC CQ assigned to a rockfish cooperative. (i) CQ assigned to rockfish cooperatives in the catcher/processor sector. CQ for rockfish halibut PSC = Amount halibut PSC allocated to the catcher/processor sector in the Rockfish Program × (Σ Rockfish QS units assigned to that rockfish cooperative/Σ Rockfish QS units assigned to all rockfish cooperatives in the catcher/processor sector). (ii) CQ assigned to rockfish cooperatives in the catcher vessel sector. CQ for rockfish halibut PSC = Amount halibut PSC allocated to the catcher vessel sector in the Rockfish Program × (Σ Rockfish QS units assigned to that rockfish cooperative/Σ Rockfish QS units assigned to all rockfish cooperatives in the catcher vessel sector). (e) Assigning rockfish QS to a rockfish cooperative General. (i) An LLP license and rockfish QS may be assigned to a catcher vessel cooperative if that rockfish QS is derived from legal rockfish landings assigned to the catcher vessel sector. (ii) An LLP license and rockfish QS may be assigned to a catcher/processor cooperative if that rockfish QS is derived from rockfish legal landings assigned to the catcher/processor sector. (2) Catcher/Processor opt-out. (f) Annual Application for the Rockfish Program Application for Rockfish Cooperative Fishing Quota (CQ). (2) Application forms. http://alaskafisheries.noaa.gov, (3) Deadline. (ii) Objective written evidence of timely application will be considered as proof of a timely application. (4) Contents of the Application. (i) Additional documentation. (A) A copy of the business license issued by the state in which the rockfish cooperative is registered as a business entity; (B) A copy of the articles of incorporation or partnership agreement of the rockfish cooperative; (C) Provide the names of all persons, to the individual level, holding an ownership interest in the LLP license and the percentage ownership each person and individual holds in the LLP license; (D) A copy of the rockfish cooperative agreement signed by the members of the rockfish cooperative (if different from the articles of incorporation or partnership agreement of the rockfish cooperative) that includes terms that specify that: ( 1 ( 2 ( 3 ( 4 (ii) Applicant signature and certification. (5) Issuance of CQ. (6) LLP licenses and rockfish QS not designated on a timely and complete application for rockfish CQ. (g) Application for inter-cooperative transfer of cooperative quota (CQ) Completed application. (2) Certification of transferor. (ii) The transferee's designated representative must log into the online system and accept the transfer request. By using the transferee's NMFS ID and password, the designated representative certifies that all information is true, correct, and complete. (h) Maximum retainable amount (MRA) limits Rockfish cooperative. (2) Opt-out vessels. (3) Rockfish entry level longline fishery. (4) Maximum retainable amount (MRA) calculation and limits—catcher vessels. (ii) Once the amount of shortraker rockfish harvested in the catcher vessel sector is equal to 9.72 percent of the shortraker rockfish TAC in the Central GOA regulatory area, then shortraker rockfish may not be retained by any participant in the catcher vessel sector while fishing under the authority of a CQ permit. (5) Maximum retainable amount (MRA) calculation and limits—catcher/processor vessels. (i) Rockfish cooperative General. (i) Members of rockfish cooperatives should consult legal counsel before commencing any activity if the members are uncertain about the legality under the antitrust laws of the rockfish cooperative's proposed conduct. (ii) Membership in a rockfish cooperative is voluntary. No person may be required to join a rockfish cooperative. (iii) Members may leave a rockfish cooperative, but any CQ contributed by the rockfish QS held by that member remains assigned to that rockfish cooperative for the remainder of the calendar year. (iv) An LLP license or vessel that has been assigned to a rockfish cooperative and that leaves the rockfish cooperative continues to be subject to the sideboard provisions established for that rockfish cooperative under § 679.82(d) and (e), as applicable, for that calendar year. (v) If a person becomes the holder of an LLP license that had been previously assigned to a rockfish cooperative, then that person may join that rockfish cooperative upon receipt of that LLP license, but may not assign that LLP license to another rockfish cooperative during that calendar year. (2) Legal and organizational requirements. (i) Each rockfish cooperative must be formed as a partnership, corporation, or other legal business entity that is registered under the laws of one of the 50 states or the District of Columbia; (ii) Each rockfish cooperative must appoint an individual as designated representative to act on the rockfish cooperative's behalf and serve as contact point for NMFS for questions regarding the operation of the rockfish cooperative. The designated representative must be an individual, and may be a member of the rockfish cooperative, or some other individual designated by the rockfish cooperative; (iii) Each rockfish cooperative must submit a complete and timely application for CQ. (3) General requirements. Requirement Catcher vessel sector Catcher/processor sector (i) Who may join a rockfish cooperative? Only persons who hold rockfish QS may join a rockfish cooperative. (ii) What is the minimum number of LLP licenses that must be assigned to form a rockfish cooperative? No minimum requirement. (iii) Is an association with a rockfish processor required? Yes, a rockfish QS holder may only be a member of a rockfish cooperative formed in association with a rockfish processor. The rockfish cooperative may not receive rockfish CQ unless a shoreside processor eligible to receive rockfish CQ has indicated that it may be willing to receive rockfish CQ from that cooperative in the application for CQ, as described under § 679.81, that is submitted by that cooperative No. (iv) Is a rockfish cooperative member required to deliver catch to the rockfish processor with whom the rockfish cooperative is associated? No N/A. (v) Is there a minimum amount of rockfish QS that must be assigned to a rockfish cooperative for it to be allowed to form? No No. (vi) What is allocated to the rockfish cooperative? CQ for rockfish primary species, rockfish secondary species, and rockfish halibut PSC, based on the rockfish QS assigned to all of the LLP licenses that are assigned to the cooperative. (vii) Is this CQ an exclusive harvest privilege? Yes, the members of the rockfish cooperative have an exclusive harvest privilege to collectively catch this CQ, or a cooperative may transfer all or a portion of this CQ to another rockfish cooperative. (viii) Is there a season during which designated vessels may catch CQ? Yes, any vessel designated to catch CQ for a rockfish cooperative is limited to catching CQ during the season beginning on 1200 hours, A.l.t., on April 1 through 1200 hours, A.l.t., on November 15. (ix) Can any vessel catch a rockfish cooperative's CQ? No, only vessels that are named on the application for CQ for that rockfish cooperative may catch the CQ assigned to that rockfish cooperative. A vessel may be assigned to only one rockfish cooperative in a calendar year. (x) Can a member of a rockfish cooperative transfer CQ individually to another rockfish cooperative without the approval of the other members of the rockfish cooperative? No, only the rockfish cooperative's designated representative, and not individual members, may transfer its CQ to another rockfish cooperative. Any such transfer must be approved by NMFS as established under paragraph (i)(4)(ii) of this section. (xi) Can a rockfish cooperative in the catcher/processor sector transfer its sideboard limit? N/A No, a sideboard limit assigned to a rockfish cooperative in the catcher/processor sector is a limit applicable to a specific rockfish cooperative, and may not be transferred between rockfish cooperatives. (xii) Is there a hired master requirement? No, there is no hired master requirement. (xiii) Can an LLP license be assigned to more than one rockfish cooperative in a calendar year? No, an LLP license may only be assigned to one rockfish cooperative in a calendar year. A person holding multiple LLP licenses with associated rockfish QS may assign different LLP licenses to different rockfish cooperatives subject to any other restrictions that may apply. (xiv) Can a rockfish processor be associated with more than one rockfish cooperative? Yes N/A. (xv) Can an LLP license be assigned to a rockfish cooperative and opt-out of participating in a rockfish cooperative? N/A No, each calendar year an LLP license must either be assigned to a rockfish cooperative or opt-out. (xvi) Which members may harvest the rockfish cooperative's CQ? That is determined by the rockfish cooperative contract signed by its members. Any violations of this contract by one cooperative member may be subject to civil claims by other members of the rockfish cooperative. (xvii) Does a rockfish cooperative need a contract? Yes, a rockfish cooperative must have a membership agreement or contract that specifies how the rockfish cooperative intends to harvest its CQ. A copy of this agreement or contract must be submitted to NMFS with the cooperative's application for CQ. (xviii) What happens if the rockfish cooperative exceeds its CQ amount? A rockfish cooperative is not authorized to catch fish in excess of its CQ and must not exceed its CQ amount at the end of the calendar year. Exceeding a CQ is a violation of the Rockfish Program regulations. Each member of the rockfish cooperative is jointly and severally liable for any violations of the Rockfish Program regulations while fishing under authority of a CQ permit. This liability extends to any persons who are hired to catch or receive CQ assigned to a rockfish cooperative. Each member of a rockfish cooperative is responsible for ensuring that all members of the rockfish cooperative comply with all regulations applicable to fishing under the Rockfish Program. (xix) Is there a limit on how much CQ a rockfish cooperative may hold or use? Yes, see § 679.82(a) for the provisions that apply. (xx) Is there a limit on how much CQ a vessel may harvest? Yes, see § 679.82(a) for the provisions that apply. (xxi) Is there a requirement that a rockfish cooperative pay rockfish cost recovery fees? Yes, see § 679.85 for the provisions that apply. (xxii) When does catch count against my CQ permit? Any vessel fishing checked-in (and therefore fishing under the authority of a CQ permit must count any catch of rockfish primary species, rockfish secondary species, or rockfish halibut PSC against that rockfish cooperative's CQ from April 1 until November 15, or until the effective date of a rockfish cooperative termination of fishing declaration that has been approved by NMFS). (xxiii) If my vessel is checked-out and fishing in a directed flatfish fishery in the Central GOA and I catch groundfish and halibut PSC, does that count against the rockfish cooperative's CQ? No. If you are fishing in a directed flatfish fishery and checked-out of the Rockfish Program fisheries, you are not fishing under the authority of a CQ permit. Groundfish harvests would not be debited against the rockfish cooperative's CQ permit. In this case, any catch of halibut would be attributed to the halibut PSC limit for that directed target fishery and gear type and any applicable sideboard limit. (xxiv) Can my rockfish cooperative negotiate prices for me? The rockfish cooperatives formed under the Rockfish Program are intended to conduct and coordinate harvest activities for their members. Rockfish cooperatives formed under the Rockfish Program are subject to existing antitrust laws. Collective price negotiation by a rockfish cooperative must be conducted in accordance with existing antitrust laws. (4) Additional requirements Restrictions on fishing CQ assigned to a rockfish cooperative. (ii) Transfer of CQ between rockfish cooperatives. (A) A rockfish cooperative may only transfer CQ to another rockfish cooperative; (B) A rockfish cooperative may only receive CQ from another rockfish cooperative; (C) A rockfish cooperative may transfer or receive rockfish CQ only if that cooperative has been assigned at least two LLP licenses with rockfish QS assigned to those LLP licenses; (D) A rockfish cooperative in the catcher vessel sector may not transfer any CQ to a rockfish cooperative in the catcher/processor sector; (E) A rockfish cooperative in the catcher/processor sector may not transfer any rougheye rockfish CQ or shortraker rockfish CQ to a rockfish cooperative in the catcher vessel sector. (F) A rockfish cooperative receiving rockfish primary species CQ by transfer must assign that rockfish primary species CQ to a member(s) of the rockfish cooperative for the purposes of applying the use caps established under § 679.82(a). NMFS will not approve a transfer if that member would exceed the use cap as a result of the transfer. Rockfish secondary species or halibut PSC CQ is not assigned to a specific member of a rockfish cooperative; (G) A rockfish cooperative in the catcher/processor sector may not transfer any sideboard limit assigned to it; and (H) After November 15 of the year for which the CQ permit is issued, or upon approval of a rockfish cooperative termination of fishing declaration described in § 679.4(n)(2): ( 1 ( 2 (5) Use of CQ. (ii) For purposes of CQ use cap calculation, the total amount of CQ held or used by a person is equal to all tons of CQ derived from the rockfish QS held by that person and assigned to the rockfish cooperative and all tons of CQ assigned to that person by the rockfish cooperative from approved transfers. (iii) The amount of rockfish QS held by a person, and CQ derived from that rockfish QS is calculated using the individual and collective use cap rule established in § 679.82(a). (6) Successors-in-interest. (j) Reallocations. (1) Pacific cod. Federal Register (2) Rockfish ICAs General. (ii) Reallocation of Central Gulf of Alaska rockfish ICA species. (A) Catcher vessel rockfish cooperatives will be given priority for reallocation; and (B) The amount of additional CQ issued to each rockfish cooperative = Amount of Central Gulf of Alaska rockfish species available for reallocation to rockfish cooperatives × (Amount of CQ for that Central Gulf of Alaska rockfish species initially assigned to that rockfish cooperative/Σ CQ for that Central Gulf of Alaska rockfish species initially assigned to all rockfish cooperatives in the respective sector). [76 FR 81277, Dec. 27, 2011; 77 FR 2478, Jan. 18, 2012, as amended at 80 FR 80703, Dec. 28, 2015; 86 FR 11904, Mar. 1, 2021; 89 FR 66637, Aug. 16, 2024] § 679.82 Rockfish Program use caps and sideboard limits. (a) Use caps General. (ii) Use caps do not apply to halibut PSC CQ. (iii) Use caps may not be exceeded unless the entity subject to the use cap is specifically allowed to exceed a cap according to the criteria established under this paragraph (a), or by an operation of law. (iv) All rockfish QS use caps are based on the aggregate rockfish primary species initial rockfish QS pool established by NMFS in Table 29 to this part. (v) Sablefish and Pacific cod CQ processing use caps are based on the amount of CQ assigned to the catcher vessel sector during a calendar year. (vi) Any transfer of reallocated rockfish ICA (as authorized under § 679.81(j)(2)) or catcher/processor CQ to a catcher vessel cooperative does not apply to catcher vessel ownership, cooperative, harvester CQ, or shoreside processor CQ use caps. (2) Rockfish QS use cap. (i) Four (4.0) percent of the aggregate rockfish primary species QS initially assigned to the catcher vessel sector and resulting CQ unless that rockfish eligible harvester qualifies for an exemption to this use cap under paragraph (a)(6) of this section; (ii) Forty (40.0) percent of the aggregate rockfish primary species QS initially assigned to the catcher/processor sector and resulting CQ unless that rockfish eligible harvester qualifies for an exemption to this use cap under paragraph (a)(6) of this section. (3) [Reserved] (4) Vessel use cap. (ii) A catcher/processor vessel may not harvest an amount of rockfish primary species CQ greater than 60.0 percent of the aggregate rockfish primary species CQ issued to the catcher/processor sector during a calendar year. (5) Use cap for rockfish processors. (ii) A rockfish processor may not receive or process an amount of Pacific cod harvested with CQ assigned to the catcher vessel sector greater than 40.0 percent of Pacific cod CQ issued to the catcher vessel sector during a calendar year. (iii) A rockfish processor may not receive or process an amount of sablefish harvested with CQ assigned to the catcher vessel sector greater than 40.0 percent of sablefish CQ issued to the catcher vessel sector during a calendar year. (6) Use cap exemptions Rockfish QS. (ii) Transfer limitations. (b) Opt-out. (c) Sideboard limitations General. (1) Classes of sideboard restrictions. (i) Catcher vessel sideboard restrictions as described under paragraph (d) of this section; (ii) Catcher/processor rockfish sideboard restrictions as described under paragraph (e) of this section; and, (iii) Opt-out sideboard restrictions as described under paragraphs (e) and (f) of this section. (2) Notification of affected vessel owners and LLP license holders. (3) Appeals. (4) Duration of sideboard limits. (d) Sideboard provisions for catcher vessels Vessels subject to catcher vessel sideboard limits. (i) Any vessel whose rockfish legal landings could be used to generate rockfish QS for the catcher vessel sector; and, (ii) Any vessel named on an LLP license under whose authority rockfish legal landings were made that could be used to generate rockfish QS for the catcher vessel sector. (2) Applicability of sideboard provisions for specific catcher vessels. (i) Any AFA catcher vessel that is not exempt from GOA groundfish sideboards under the AFA as specified under § 679.64(b)(2)(ii); (ii) Any vessel that made rockfish legal landings during the fishery seasons established in Table 28a to this part and during the entry level trawl fishery during 2007, 2008, or 2009 established in Table 28b to this part and that is designated on an approved application for rockfish QS as being excluded from the Rockfish Program as specified under § 679.80(d)(4)(ii); and (iii) Any vessel named on an LLP license under whose authority rockfish legal landings were made during the fishery seasons established in Table 28a to this part and during the entry level trawl fishery during 2007, 2008, or 2009 established in Table 28b to this part if that LLP license is designated on an approved application for rockfish QS as being excluded from the Rockfish Program as specified under § 679.80(d)(4)(ii). (3) Prohibition for directed fishing in the Western GOA and West Yakutat District rockfish fishery during July. (4) Prohibition for directed fishing in the specific GOA flatfish fisheries during July. (e) Rockfish and halibut PSC sideboard provisions for catcher/processor vessels Vessels subject to catcher/processor sideboard limits. (i) Any vessel whose rockfish legal landings could be used to generate rockfish QS for the catcher/processor sector in the Rockfish Program; or (ii) Any vessel named on an LLP license under whose authority rockfish legal landings were made that could be used to generate rockfish QS for the catcher/processor sector in the Rockfish Program. (2) Prohibition for directed rockfish fishing in the Western GOA and West Yakutat District by non-Amendment 80 vessels assigned to the catcher/processor sector. (3) Calculation of rockfish and halibut PSC sideboard limits assigned to each LLP license in the catcher/processor sector. (i) For each rockfish sideboard fishery, divide the retained catch of that rockfish sideboard fishery from July 1 through July 31 in each year from 2000 through 2006 made under the authority of that LLP license, by the total retained catch of that rockfish sideboard fishery from July 1 through July 31 in each year from 2000 through 2006 by vessels operating under the authority of all eligible LLP licenses in the catcher/processor sector. (ii) For the deep-water halibut PSC sideboard limit, divide the halibut PSC used in the deep-water complex, except in the Central GOA rockfish fisheries, from July 1 through July 31 in each year from 2000 through 2006 under the authority of that LLP license, by the total deep-water halibut PSC used from July 1 through July 31 in each year from 2000 through 2006 by vessels operating under the authority of all LLP licenses in the catcher/processor sector. (iii) For the shallow-water halibut PSC sideboard limit, divide the halibut PSC used in the shallow-water complex from July 1 through July 31 in each year from 2000 through 2006 under the authority of that LLP license, by the total shallow-water halibut PSC used from July 1 through July 31 in each year from 2000 through 2006 by vessels operating under the authority of all LLP licenses in the catcher/processor sector. (4) West Yakutat District rockfish sideboard ratios. (5) GOA halibut PSC sideboard ratios. (ii) The annual shallow-water complex halibut PSC sideboard limit in the GOA is 0.1 percent of the annual halibut mortality limit. (6) Assigning a rockfish sideboard limit to a rockfish cooperative. (i) For each rockfish sideboard fishery specified in paragraph (e)(4) of this section, sum the rockfish sideboard ratios of all LLP licenses as calculated under paragraph (e)(3) of this section assigned to that rockfish cooperative and multiply this result by the amount of TAC (in metric tons) assigned to that rockfish sideboard fishery. (ii) Once assigned, a catcher/processor rockfish cooperative may not exceed any rockfish sideboard limit assigned to that cooperative from July 1 through July 31. (7) Assigning a rockfish sideboard limit to catcher/processors that opt-out of participating in rockfish cooperatives. (8) Management of a rockfish opt-out sideboard limit. (ii) If the Regional Administrator determines that a sideboard limit is insufficient to support a directed fishing allowance for that rockfish sideboard fishery, then the Regional Administrator may not allow directed fishing and set the allowance to zero for catcher/processor opt-out vessels from July 1 through July 31. (iii) Upon determining that a halibut PSC sideboard limit is or will be reached, the Regional Administrator will publish notification in the Federal Register (9) Assigning deep-water and shallow-water halibut PSC sideboard limits to a rockfish cooperative. (i) Sum the deep-water ratios of all LLP licenses assigned to that rockfish cooperative and multiply this result by the amount set out in paragraph (e)(5)(i) of this section; and (ii) Sum the shallow-water ratios of all LLP licenses assigned to that rockfish cooperative and multiply this result by the amount set out in paragraph (e)(5)(ii) of this section; and (iii) A rockfish cooperative may not exceed any deep-water or shallow-water halibut PSC sideboard limits assigned to that cooperative when directed fishing for species other than rockfish. (10) Assigning a halibut PSC limit to catcher/processor opt-out vessels. (11) Management of halibut PSC limits assigned to catcher/processor opt-out vessels. (ii) If the Regional Administrator determines that a sideboard limit is insufficient to support a directed fishing allowance for groundfish in the deep-water or shallow-water halibut PSC complex, then the Regional Administrator may not allow directed fishing and set the allowance to zero for the deep-water or shallow-water halibut PSC complex for catcher/processor opt-out vessels from July 1 through July 31. (iii) Upon determining that a halibut PSC sideboard limit is or will be reached, the Regional Administrator will publish notification in the Federal Register (A) If the shallow-water halibut PSC sideboard limit for catcher/processor opt-out vessels is or will be reached, then NMFS will close directed fishing in the GOA for: ( 1 ( 2 (B) If the deep-water halibut PSC sideboard limit is or will be reached for catcher/processor opt-out vessels, then NMFS will close directed fishing in the GOA for: ( 1 ( 2 ( 3 (iv) Halibut PSC accounting. (f) Sideboard provisions—catcher/processor opt-out provisions Vessels subject to opt-out sideboard provisions. (i) Any vessel whose legal rockfish landings could be used to generate rockfish QS for the catcher/processor sector that is not assigned to a rockfish cooperative; or, (ii) Any vessel named on an LLP license under whose authority legal rockfish landings were made that could be used to generate rockfish QS for the catcher/processor sector and that is not assigned to a rockfish cooperative. (2) Prohibitions on directed fishing in GOA groundfish fisheries without previous participation. (A) July 9, 2000, through July 15, 2000; (B) July 1, 2001, through July 7, 2001; (C) June 30, 2002, through July 6, 2002; (D) June 29, 2003, through July 5, 2003; (E) July 4, 2004, through July 10, 2004; (F) July 3, 2005, through July 9, 2005; and (G) July 2, 2006, through July 8, 2006. (ii) For purposes of determining participation in a directed groundfish fishery for paragraph (f)(2)(i) of this section, a vessel may participate: (A) In the flathead sole and shallow-water flatfish fisheries if that vessel participated in a directed groundfish fishery for either of these two fisheries during any 2 years during the 2000 through 2006 qualifying period defined in paragraph (f)(2)(i) of this section; and (B) In the arrowtooth flounder, deep-water flatfish, and rex sole fisheries if that vessel participated in a directed groundfish fishery for any of these three fisheries during any 2 years during the 2000 through 2006 qualifying period defined in paragraph (f)(2)(i) of this section. [76 FR 81277, Dec. 27, 2011, as amended at 86 FR 11904, Mar. 1, 2021; 89 FR 66638, Aug. 16, 2024] § 679.83 Rockfish Program entry level longline fishery. (a) Rockfish entry level longline fishery Rockfish primary species allocations. (2) Participation. (3) Rockfish secondary species allocations. (4) Opening of the rockfish entry level longline fishery. (b) [Reserved] § 679.84 Rockfish Program recordkeeping, permits, monitoring, and catch accounting. (a) Recordkeeping and reporting. See § 679.5(r). (b) Permits. See § 679.4(n). (c) Catch monitoring requirements for catcher/processors assigned to a rockfish cooperative. (1) Catch weighing. (2) Observer sampling station. (3) Observer coverage requirements. (4) Operational line. (5) Fish on deck. (6) Sample storage. (7) Pre-cruise meeting. (8) Belt and flow operations. (9) Vessel crew in tanks or bins. (10) Mixing of hauls. (d) Catch monitoring requirements for catcher/processors opt-out vessels. (1) Catch from an individual haul is not mixed with catch from another haul prior to sampling by an observer; (2) All catch be made available for sampling by an observer; and (3) The requirements in paragraphs (c)(3), (c)(4), (c)(5), (c)(8), and (c)(9) of this section are met. (e) Catch monitoring requirements for catcher vessels. (f) Catch monitoring requirements for shoreside processors Catch monitoring and control plan (CMCP). (2) Catch weighing. (g) Catch accounting Rockfish primary species and rockfish secondary species. (i) Until November 15; or (ii) Until that rockfish cooperative has submitted a rockfish cooperative termination of fishing declaration that has been approved by NMFS. (2) Rockfish halibut PSC. (i) Until November 15; or (ii) Until the designated representative of that rockfish cooperative has submitted a rockfish cooperative termination of fishing declaration that has been approved by NMFS. (3) Groundfish sideboard limits. (4) Halibut sideboard limits. [67 FR 79734, Dec. 30, 2002, as amended at 77 FR 6502, Feb. 8, 2012; 81 FR 67118, Sept. 30, 2016; 83 FR 30533, June 29, 2018; 84 FR 55053, Oct. 15, 2019; 86 FR 11904, Mar. 1, 2021; 88 FR 77231, Nov. 9, 2023; 89 FR 66638, Aug. 16, 2024] § 679.85 Cost recovery. (a) Cost recovery fees Responsibility. (i) Subsequent transfer of rockfish CQ or rockfish QS held by rockfish cooperative members does not affect the rockfish CQ permit holder's liability for noncompliance with this section. (ii) Non-renewal of a rockfish CQ permit does not affect the CQ permit holder's liability for noncompliance with this section. (iii) Changes in the membership in a rockfish cooperative, such as members joining or departing during the relevant year, or changes in the amount of rockfish QS holdings of those members does not affect the rockfish CQ permit holder's liability for noncompliance with this section. (2) Fee collection. (3) Payment Payment due date. (ii) Payment recipient. (iii) Payment address. http://alaskafisheries.noaa.gov. (iv) Payment method. (b) Rockfish standard ex-vessel value determination and use General. (2) Rockfish standard ex-vessel value General. Federal Register (ii) Effective duration. (iii) Determination. (A) Landed pounds by rockfish primary species and rockfish secondary species landings and month; (B) Total ex-vessel value by rockfish primary species and rockfish secondary species landings and month; and (C) Price adjustments, including retroactive payments. (c) Rockfish fee percentage Established percentage. Federal Register (2) Calculating fee percentage value. (i) Factors. (A) The catch to which the rockfish cost recovery fee will apply; (B) The ex-vessel value of that catch; and (C) The costs directly related to the management, data collection, and enforcement of the Rockfish Program. (ii) Methodology. 100 × DPC/V where: DPC = the direct program costs for the Rockfish Program for the previous calendar year with any adjustments to the account from payments received in the previous year. V = total of the standard ex-vessel value of the catch subject to the rockfish cost recovery fee liability for the current year. (3) Publication General. (ii) Effective period. (4) Applicable percentage. (5) Fee liability determination for a rockfish CQ holder. (ii) The rockfish fee liability assessed to a rockfish CQ holder will be based on the proportion of the standard ex-vessel value of rockfish primary species and rockfish secondary species debited from a rockfish CQ holder relative to all rockfish CQ holders during a calendar year as determined by NMFS. (iii) NMFS will provide a fee liability summary letter to all CQ permit holders during the first quarter of the year following the calendar year in which the rockfish CQ landings were made. The summary will explain the fee liability determination including the current fee percentage, details of rockfish primary species and rockfish secondary species CQ pounds debited from rockfish CQ allocations by permit, species, date, and prices. (d) Underpayment of fee liability. (2) If a rockfish CQ holder fails to submit full payment for rockfish cost recovery fee liability by the date described in paragraph (a)(3) of this section, the Regional Administrator may: (i) At any time thereafter send an IAD to the CQ permit holder stating that the CQ permit holder's estimated fee liability, as indicated by his or her own submitted information, is the rockfish cost recovery fee liability due from the CQ permit holder. (ii) Disapprove any application to transfer rockfish CQ to or from the CQ permit holder in accordance with § 679.81(g). (3) If a rockfish CQ holder fails to submit full payment by the rockfish cost recovery fee liability payment deadline described at paragraph (a)(3) of this section: (i) No CQ permit will be issued to that rockfish CQ holder for that calendar year; and (ii) No rockfish CQ will be issued based on the rockfish QS held by the members of that rockfish cooperative to any other CQ permit for that calendar year. (4) Upon final agency action determining that a CQ permit holder has not paid his or her rockfish cost recovery fee liability, the Regional Administrator may continue to prohibit issuance of a CQ permit for any subsequent calendar years until NMFS receives the unpaid fees. If payment is not received by the 30th day after the final agency action, the agency may pursue collection of the unpaid fees. (e) Over payment. (f) Appeals. (g) Annual report. [76 FR 81277, Dec. 27, 2011, as amended at 86 FR 11904, Mar. 1, 2021] Subpart H—Amendment 80 Program Source: 72 FR 52726, Sept. 14, 2007, unless otherwise noted. § 679.90 Allocation, use, and transfer of Amendment 80 QS permits. Regulations under this subpart were developed by NMFS to implement the Amendment 80 Program. Additional regulations that implement specific portions of the Amendment 80 Program are set out at § 679.2 Definitions, § 679.4 Permits, § 679.5 Recordkeeping and reporting (R&R), § 679.7 Prohibitions, § 679.20 General limitations, § 679.21 Prohibited species bycatch management, § 679.27 Improved Retention/Improved Utilization Program, § 679.28 Equipment and operational requirements, § 679.31 CDQ and PSQ reserves, § 679.50 Groundfish Observer Program applicable through December 31, 2007, and § 679.64 Harvesting sideboard limits in other fisheries. (a) Issuance of Amendment 80 QS permits General. (i) The information contained in an approved application for Amendment 80 QS as described in paragraph (b) of this section; (ii) The information contained in the Amendment 80 official record as described in paragraph (c) of this section; (iii) The Amendment 80 QS permit allocation procedures as described in paragraph (d) of this section; and (iv) In consideration of any use caps as described in § 679.92(a). (2) Eligibility to receive an Amendment 80 QS permit Owner of an Amendment 80 vessel. (A) That person owns that Amendment 80 vessel at the time of application for Amendment 80 QS as demonstrated on an abstract of title or USCG documentation; (B) That person holds an Amendment 80 LLP license at the time of application for Amendment 80 QS; (C) That person is a U.S. citizen; (D) That person submits a timely application for Amendment 80 QS that is approved by NMFS as described in paragraph (b) of this section; and (E) A person is not eligible to receive an Amendment 80 QS permit based on the legal landings of that Amendment 80 vessel under the provisions of paragraph (a)(2)(ii) of this section. (ii) Holder of an Amendment 80 LLP license. (A) At the time of application for Amendment 80 QS that person holds the LLP license originally assigned to that Amendment 80 vessel and that Amendment 80 vessel has suffered an actual total loss, constructive total loss, or is permanently ineligible to receive a fishery endorsement under 46 U.S.C. 12108; (B) The actual total loss, constructive total loss, or permanent ineligibility of that Amendment 80 vessel to receive a fishery endorsement under 46 U.S.C. 12108 has been clearly and unambiguously established and documented in written form in the application for Amendment 80 QS and that documentation is accepted by NMFS; (C) The express terms of a written contract clearly and unambiguously provide that the owner(s) of that Amendment 80 vessel transferred all rights and privileges to use the Amendment 80 legal landings from that Amendment 80 vessel to the person holding the LLP license originally assigned to that Amendment 80 vessel; (D) That person is a U.S. citizen; and (E) That person has submitted a timely application for Amendment 80 QS that is approved by NMFS as described in paragraph (b) of this section. (b) Application for Amendment 80 QS Submission. (i) Mail: (ii) Fax: (iii) Hand delivery or carrier: (2) Application forms. http://alaskafisheries.noaa.gov, (3) Deadline. (4) Contents of application. (i) Applicant identification. (B) Indicate (YES or NO) if the applicant is a U.S. citizen; if YES, enter his or her date of birth; (C) Indicate (YES or NO) if the applicant is a U.S. corporation, partnership, association, or other business entity; if YES, enter the date of incorporation; (D) Indicate (YES or NO) if the applicant is a successor-in-interest to a deceased individual or to a non-individual no longer in existence, if YES attach evidence of death or dissolution; (E) Indicate whether the applicant is applying as the owner of an Amendment 80 vessel or the holder of an LLP license originally assigned to an Amendment 80 vessel; (F) For an applicant claiming Amendment 80 legal landings associated with an Amendment 80 vessel, enter the following information for each Amendment 80 vessel: USCG documentation number of vessel on which Amendment 80 legal landings were caught and processed, vessel name, ADF&G vessel registration number, and LLP license held by that person at the time of application; (G) If an Amendment 80 vessel has suffered an actual total loss, constructive total loss, or is permanently ineligible to receive a fishery endorsement under 46 U.S.C. 12108, provide clear and unambiguous documentation in written form that the Amendment 80 vessel has suffered an actual total loss, constructive total loss, or is permanently ineligible to receive a fishery endorsement under 46 U.S.C. 12108; and (H) If applicable, a copy of the express terms of a written contract held by the applicant that clearly and unambiguously indicates that the owner of the Amendment 80 vessel that has suffered has an actual total loss, constructive total loss, or is permanently ineligible to receive a fishery endorsement under 46 U.S.C. 12108 has transferred all rights and privileges to use Amendment 80 legal landings and any resulting Amendment 80 QS or exclusive harvest privilege from that Amendment 80 vessel to the person holding the LLP license originally assigned to that Amendment 80 vessel. (ii) Applicant signature and certification. (5) Application evaluation. (6) Appeals. (c) Amendment 80 official record Use of the Amendment 80 official record. (2) Amendment 80 official record presumed to be correct. (3) Documentation is used to establish the amount of Amendment 80 legal landings. (4) Assignment of Amendment 80 legal landings. (d) Assigning an Amendment 80 QS permit to an Amendment 80 QS holder (i) All Amendment 80 species. (B) Select the five calendar years that yield the highest amount of Amendment 80 legal landings of that Amendment 80 species in all management areas for that Amendment 80 species listed in Table 32 to this part, including zero metric tons if necessary. (C) Sum the Amendment 80 legal landings of the highest five years for an Amendment 80 species. This yields the Highest Five Years for that Amendment 80 species. (D) Divide the Highest Five Years for an Amendment 80 species in paragraph (d)(1)(i)(C) of this section for an Amendment 80 vessel by the sum of all Highest Five Years for all Amendment 80 vessels for that Amendment 80 species based on the Amendment 80 official record for that Amendment 80 species as presented in the following equation: Highest Five Years/Σ All Highest Five Years × 100 = Percentage of the Total. The result (quotient) of this equation is the Percentage of the Total for that Amendment 80 vessel for that Amendment 80 species. (ii) Aleutian Islands Pacific ocean perch and BSAI Pacific cod. (iii) BSAI rock sole and BSAI yellowfin sole. (B) All Amendment 80 vessels that did have Amendment 80 legal landings will have the Percentage of the Total assigned to that Amendment 80 vessel as calculated in paragraph (d)(1)(i)(D) of this section adjusted to account for the assignment of the Percentage of the Total to Amendment 80 vessels under paragraph (d)(1)(iii)(A) of this section for BSAI rock sole and BSAI yellowfin sole as presented in the following equation: Percentage of the Total for that Amendment 80 vessel × (100-Σ Percentage of the Total assigned to all Amendment 80 vessels under paragraph (d)(1)(iii)(A) of this section) = Adjusted Percentage of the Total for that Amendment 80 vessel. (C) Multiply the Adjusted Percentage of the Total for that Amendment 80 vessel by the Amendment 80 initial QS pool for BSAI rock sole and BSAI yellowfin sole as set forth in Table 32 to this part. This yields the number of Amendment 80 QS units for that Amendment 80 vessel for BSAI rock sole or BSAI yellowfin sole. (iv) BSAI flathead sole. (B) All Amendment 80 vessels that did have Amendment 80 legal landings during 1998 through 2004 will have the Percentage of the Total assigned to that Amendment 80 vessel as calculated in paragraph (d)(1)(i)(D) of this section adjusted to account for the assignment of the Percentage of the Total to Amendment 80 vessels under paragraph (d)(1)(iv)(A) of this section for BSAI flathead sole as presented in the following equation: Percentage of the Total for that Amendment 80 vessel × (100-Σ Percentage of the Total assigned to all Amendment 80 vessels under paragraph (d)(1)(iv)(A) of this section) = Adjusted Percentage of the Total for that Amendment 80 vessel. (C) Multiply the Adjusted Percentage of the Total for that Amendment 80 vessel by the Amendment 80 initial QS pool for BSAI flathead sole as set forth in Table 32 to this part. This yields the number of Amendment 80 QS units for that Amendment 80 vessel for BSAI flathead sole. (v) BSAI Atka mackerel. (B) If an Amendment 80 vessel is an Amendment 80 non-mackerel vessel, determine the percentage of the Amendment 80 QS pool that is assigned to each Atka mackerel management area listed in Table 32 to this part in each year from 1998 through 2004 for that Amendment 80 non-mackerel vessel based on the percentage of Amendment 80 legal landings in that Atka mackerel management area from 1998 through 2004 for that Amendment 80 non-mackerel vessel. (C) The sum of the Amendment 80 QS units allocated to all Amendment 80 non-mackerel vessels is the Total Amendment 80 non-mackerel QS pool. (D) The sum of the Amendment 80 QS units allocated to all Amendment 80 mackerel vessels is the Total Amendment 80 mackerel QS pool. (2) Assigning Amendment 80 QS units to an Amendment 80 permit. (i) Amendment 80 vessel owner. (ii) Amendment 80 LLP/QS license. (e) Transfers of Amendment 80 QS permits Non-severability of Amendment 80 QS permits. (ii) If an Amendment 80 QS permit is assigned to an Amendment 80 LLP license originally assigned to an Amendment 80 vessel, that Amendment 80 LLP license is designated as an Amendment 80 LLP/QS license. A person may not separate the Amendment 80 QS permit from that Amendment 80 LLP/QS license. (2) Transfer of an Amendment 80 LLP/QS license. (3) Transfers of Amendment 80 QS permits. (ii) A person holding an Amendment 80 LLP license that is designated as an Amendment 80 LLP/QS license may designate a vessel approved as an Amendment 80 replacement vessel by submitting an Application For Transfer License Limitation Program Groundfish/Crab License that is approved by NMFS under the provisions of paragraph (f) of this section. (4) Assigning an Amendment 80 QS permit to an Amendment 80 LLP license. (f) Application to Transfer Amendment 80 QS. [72 FR 52726, Sept. 14, 2007, as amended at 76 FR 40633, July 11, 2011; 77 FR 59871, Oct. 1, 2012] § 679.91 Amendment 80 Program annual harvester privileges. (a) Assigning an Amendment 80 QS permit to an Amendment 80 cooperative or Amendment 80 limited access fishery General. (ii) NMFS will assign an Amendment 80 QS permit(s), associated Amendment 80 vessel(s), and Amendment 80 LLP license(s) held by an Amendment 80 QS holder to an Amendment 80 cooperative if that Amendment 80 QS permit(s), associated Amendment 80 vessel(s), and Amendment 80 LLP license(s) is designated on an application for CQ that is approved by the Regional Administrator as described under paragraph (b) of this section. (iii) NMFS will assign an Amendment 80 QS permit(s), associated Amendment 80 vessel(s), and Amendment 80 LLP license(s) held by an Amendment 80 QS holder to the Amendment 80 limited access fishery if that Amendment 80 QS permit(s), associated Amendment 80 vessel(s), and Amendment 80 LLP license(s) is assigned to the Amendment 80 limited access fishery. (2) Amendment 80 QS permits issued after issuance of CQ or ITAC. (i) CQ being issued to an Amendment 80 cooperative if that Amendment 80 QS holder has assigned his Amendment 80 QS permit(s) to an Amendment 80 cooperative for that calendar year; or (ii) ITAC being issued to the Amendment 80 limited access fishery if that Amendment 80 QS holder has assigned his Amendment 80 QS permit(s) to the Amendment 80 limited access fishery for that calendar year. (3) Failure to submit an application for an Amendment 80 fishery. (ii) The Regional Administrator will assign an Amendment 80 QS permit, associated Amendment 80 vessel, or Amendment 80 LLP license to the Amendment 80 limited access fishery for the applicable calendar year if that Amendment 80 QS permit, associated Amendment 80 vessel, or Amendment 80 LLP license is designated on a timely and complete application for an Amendment 80 limited access fishery, or if that Amendment 80 QS permit, associated Amendment 80 vessel, or Amendment 80 LLP license is not designated on a timely and complete application for CQ that is approved by the Regional Administrator as described under paragraph (b) of this section. (b) Application for CQ and Application for the Amendment 80 limited access fishery General. (i) Mail: (ii) Fax: (iii) Hand delivery or carrier: (iv) Electronic: http://alaskafisheries.noaa.gov. (2) Application forms. http://alaskafisheries.noaa.gov (3) Deadline. (4) Application for CQ Amendment 80 cooperative identification. (ii) Identification of Amendment 80 QS permit holders and ownership documentation. (iii) Identification of Amendment 80 cooperative member vessels and Amendment 80 LLP licenses. (iv) Identification of vessels on which the CQ issued to the Amendment 80 cooperative will be used. (v) EDR submission. (vi) Certification of cooperative authorized representative. (vii) Copy of membership agreement or contract. (A) How the Amendment 80 cooperative intends to catch its CQ; and (B) The obligations of Amendment 80 QS holders who are members of an Amendment 80 cooperative to ensure the full payment of Amendment 80 fee liabilities that may be due. (5) Application for the Amendment 80 limited access fishery Applicant identification. (ii) Amendment 80 vessel identification. (iii) Amendment 80 LLP identification. (iv) Amendment 80 QS permit information. (v) Amendment 80 QS ownership documentation. (vi) EDR submission. (vii) Applicant signature and certification. (c) Allocations of Amendment 80 species General. (2) Calculation Determination of TAC and ITAC. (ii) Annual apportionment of ITAC. (3) Allocation of CQ to Amendment 80 cooperatives General. (ii) CQ allocation for Amendment 80 species except BSAI Atka mackerel. CQ in a management area = [(Amendment 80 sector ITAC in a management area) × (Amendment 80 QS units assigned to that Amendment 80 cooperative/Amendment 80 QS pool)]. (iii) CQ allocation for BSAI Atka mackerel. (A) Determine the amount of non-mackerel ITAC in each management area using the following equation: Non-mackerel ITAC in a management area = (Amendment 80 non-mackerel QS units designated for that management area/Total Atka mackerel QS pool) × Amendment 80 sector ITAC in all management areas. (B) Determine the amount of mackerel ITAC in each management area using the following equation: Mackerel ITAC in a management area = Amendment 80 sector ITAC in that management area − Non-mackerel ITAC in that management area. (C) Determine the amount of non-mackerel CQ assigned to the Amendment 80 cooperative using the following equation: Non-mackerel CQ assigned to that Amendment 80 cooperative = (Amendment 80 non-mackerel QS units designated for that management area assigned to that Amendment 80 cooperative/Amendment 80 non-mackerel QS pool in that management area) × Non-mackerel ITAC for that management area. (D) Determine the amount of mackerel CQ assigned to the Amendment 80 cooperative using the following equation: Mackerel CQ in a management area = (Mackerel QS units assigned to that Amendment 80 cooperative/Mackerel QS pool) × Mackerel ITAC in that management area. (E) The total amount of Atka mackerel CQ assigned to an Amendment 80 cooperative for a management area is equal to the sum of paragraphs (c)(3)(iii)(C) and (D) of this section. (4) Amendment 80 limited access fishery. (d) Allocations of halibut PSC Amount of Amendment 80 halibut PSC for the Amendment 80 sector. (2) Amount of Amendment 80 halibut PSC assigned to an Amendment 80 cooperative. (i) Multiply the amount of annual halibut PSC established according to the procedure in § 679.21(b)(1)(i) by the percentage of the Amendment 80 halibut PSC apportioned to each Amendment 80 species as established in table 36 to this part. This yields the halibut PSC apportionment for that Amendment 80 species. (ii) For each Amendment 80 species, divide the amount of Amendment 80 QS units assigned to an Amendment 80 cooperative by the Amendment 80 QS pool. This yields the percentage of Amendment 80 QS units held by that Amendment 80 cooperative. (iii) For each Amendment 80 species, multiply the halibut PSC apportionment for that Amendment 80 species established in paragraph (d)(2)(i) of this section by the percentage of the Amendment 80 QS pool assigned to an Amendment 80 cooperative for that Amendment 80 species established in paragraph (d)(2)(ii) of this section. This yields the amount of halibut PSC apportioned to that cooperative for that Amendment 80 species. (iv) For each Amendment 80 cooperative, sum the results of paragraph (d)(2)(iii) of this section for all Amendment 80 species. This yields the amount of Amendment 80 halibut PSC assigned to that Amendment 80 cooperative as CQ. (3) Amount of Amendment 80 halibut PSC assigned to the Amendment 80 limited access fishery. (4) Use of Amendment 80 halibut PSC in the Amendment 80 sector Amendment 80 halibut PSC assigned to a Amendment 80 cooperative. (ii) Amendment 80 halibut PSC assigned to the Amendment 80 limited access fishery. (5) Halibut PSC assigned to the BSAI trawl limited access sector. (e) Allocations of crab PSC Amount of Amendment 80 crab PSC assigned to the Amendment 80 sector. (2) Amount of Amendment 80 crab PSC assigned to an Amendment 80 cooperative. (i) Multiply the amount of an Amendment 80 crab PSC established in Table 35 to this part by the percentage of the Amendment 80 crab PSC apportioned to each Amendment 80 species as established in Table 36 to this part. This yields the Amendment 80 crab PSC apportionment for that Amendment 80 species. (ii) For each Amendment 80 species, divide the amount of Amendment 80 QS units assigned to an Amendment 80 cooperative by the Amendment 80 QS pool. This yields the percentage of Amendment 80 QS units held by that Amendment 80 cooperative. (iii) For each Amendment 80 species, multiply the Amendment 80 crab PSC apportionment to that Amendment 80 species established in paragraph (e)(2)(i) of this section by the percentage of the Amendment 80 QS pool held by an Amendment 80 cooperative as established in paragraph (e)(2)(ii) of this section. This yields the amount of Amendment 80 crab PSC apportioned to that Amendment 80 cooperative for that Amendment 80 species. (iv) For each Amendment 80 crab PSC, sum the results of paragraph (e)(2)(iii) for all Amendment 80 species. This yields the amount of that Amendment 80 crab PSC assigned to that Amendment 80 cooperative. (3) Amount of Amendment 80 crab PSC assigned to the Amendment 80 limited access fishery. (4) Use of Amendment 80 crab PSC in the Amendment 80 sector—(i) Amendment 80 crab PSC assigned to an Amendment 80 cooperative. (ii) Amendment 80 halibut PSC assigned to the Amendment 80 limited access fishery. (5) Amendment 80 crab PSC assigned to the BSAI trawl limited access sector. (f) Rollover—Annual reallocation of an Amendment 80 species ICA or ITAC, crab PSC, and halibut PSC from the BSAI trawl limited access sector to Amendment 80 cooperatives General. (2) Factors considered. (i) The risk of biological harm to a groundfish species or species group; (ii) The risk of socioeconomic harm to other domestic fishery participants; (iii) The impact that the allocation might have on the socioeconomic well-being of Amendment 80 cooperatives; (iv) Current catch and PSC use in the BSAI trawl limited access sector; (v) Historic catch and PSC use in the BSAI trawl limited access sector; (vi) Harvest capacity and any stated intent on the future harvesting patterns of vessels in the BSAI trawl limited access sector; (vii) Administrative requirements to reissue CQ permits; and (viii) Any other relevant biological, socioeconomic, or administrative factors. (3) Rollover of Amendment 80 species. Amount of additional CQ issued to an Amendment 80 cooperative = Amount of Amendment 80 species available for reallocation to Amendment 80 cooperatives × (Amount of CQ for that Amendment 80 species initially assigned to that Amendment 80 cooperative / Σ CQ for that Amendment 80 species initially assigned to all Amendment 80 cooperatives). (4) Rollover of halibut PSC. (i) Multiply the amount of the halibut PSC limit to be reallocated by 95 percent (0.95). This yields the maximum amount of halibut PSC available for allocation to Amendment 80 cooperatives; and (ii) Determine the halibut PSC CQ issued to each Amendment 80 cooperative according to the following formula: Amount of additional CQ issued to an Amendment 80 cooperative = Maximum amount of halibut PSC available for reallocation to Amendment 80 cooperatives × (Amount of halibut PSC CQ initially assigned to that Amendment 80 cooperative / Σ halibut PSC CQ initially assigned to all Amendment 80 cooperatives). (5) Rollover of crab PSC. Amount of CQ issued to an Amendment 80 cooperative = Amount of that crab PSC available for allocation to Amendment 80 cooperatives × (Amount of that crab PSC CQ initially assigned to that Amendment 80 cooperative / Σ that crab PSC CQ initially assigned to all Amendment 80 cooperatives). (g) Application for inter-cooperative transfer of Amendment 80 CQ Completed application. (2) Amendment 80 species CQ assignment. (3) Total amount of Amendment 80 species CQ. (4) Amendment 80 QS units. (5) Certification of transferor Non-electronic submittal. (ii) Electronic submittal. (6) Certification of transferee Non-electronic submittal. (ii) Electronic submittal. (h) Amendment 80 cooperative General. (2) Legal and organizational requirements. (i) Each Amendment 80 cooperative must be formed as a partnership, corporation, or other legal business entity that is registered under the laws of one of the 50 states or the District of Columbia; (ii) Each Amendment 80 cooperative must appoint an individual as the designated representative to act on the Amendment 80 cooperative's behalf and to serve as a contact point for NMFS for questions regarding the operation of the Amendment 80 cooperative. The designated representative may be a member of the Amendment 80 cooperative, or some other individual designated by the Amendment 80 cooperative to act on its behalf; (iii) Each Amendment 80 cooperative must submit a timely and complete application for CQ; and (iv) Each Amendment 80 cooperative must meet the mandatory requirements established in paragraphs (h)(3) and (4) of this section applicable to that Amendment 80 cooperative. (3) Mandatory requirements. (i) Who may join an Amendment 80 cooperative? Any Amendment 80 QS holder named on a timely and complete application for CQ for that calendar year that is approved by NMFS. Individuals who are not Amendment 80 QS holders may be employed by, or serve as the designated representative of an Amendment 80 cooperative, but are not members of the Amendment 80 cooperative. (ii) What is the minimum number of Amendment 80 QS permits that must be assigned to an Amendment 80 cooperative to allow it to form? Any combination of at least seven Amendment 80 QS permits which would include Amendment 80 LLP/QS licenses. (iii) How many Amendment 80 QS holders are required to form an Amendment 80 cooperative? At least two Amendment 80 QS holders each of whom may not have a ten percent or greater direct or indirect ownership interest in any of the other Amendment 80 QS holders. (iv) Is there a minimum amount of Amendment 80 QS units that must be assigned to an Amendment 80 cooperative for it to be allowed to form? No. (v) What is allocated to the Amendment 80 cooperative? CQ for each Amendment 80 species, crab PSC, and halibut PSC, based on the amount of Amendment 80 QS units assigned to the cooperative. (vi) Is this CQ an exclusive catch and use privilege? Yes, the members of the Amendment 80 cooperative have an exclusive privilege to collectively catch and use this CQ, or an Amendment 80 cooperative can transfer all or a portion of this CQ to another Amendment 80 cooperative. (vii) Is there a period in a calendar year during which designated vessels must catch CQ? Yes, any Amendment 80 vessel designated to catch CQ for an Amendment 80 cooperative is prohibited from catching CQ during the season closure for trawl gear in the BSAI specified at § 679.23(c) unless regulations at § 679.23 applicable to an Amendment 80 species in the BSAI are more restrictive than those established in § 679.23(c), in which case the more restrictive regulations will apply. (viii) Can any vessel catch an Amendment 80 cooperative's CQ? No, only Amendment 80 vessels that are assigned to that Amendment 80 cooperative for that calendar year in the application for CQ may catch and process the CQ assigned to that Amendment 80 cooperative. (ix) Can a member of an Amendment 80 cooperative transfer CQ individually without the approval of the other members of the Amendment 80 cooperative? No, only the designated representative of the Amendment 80 cooperative, and not individual members, may transfer its CQ to another Amendment 80 cooperative; and only if that transfer is approved by NMFS as established under paragraph (g) of this section. (x) Are GOA sideboard limits assigned to specific persons or Amendment 80 cooperatives? No, GOA sideboard limits are not assigned to specific persons or Amendment 80 cooperatives. GOA sideboard limits are assigned to the Amendment 80 sector. (xi) Can an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 vessel be assigned to more than one Amendment 80 cooperative in a calendar year? No, an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 vessel may be assigned to only one Amendment 80 cooperative in a calendar year. A person holding multiple Amendment 80 QS permits, Amendment 80 LLP licenses, or owning multiple Amendment 80 vessels is not required to assign all Amendment 80 QS permits, Amendment 80 LLP licenses, or Amendment 80 vessels to the same Amendment 80 cooperative or the Amendment 80 limited access fishery. (xii) Can an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 vessel be assigned to an Amendment 80 cooperative and the Amendment 80 limited access fishery? No, an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 vessel assigned to an Amendment 80 cooperative may not be assigned to the Amendment 80 limited access fishery for that calendar year. Prior to the 2014 fishing year, a person holding multiple Amendment 80 QS permits, Amendment 80 LLP licenses, or owning multiple Amendment 80 vessels is not required to assign all Amendment 80 QS permits, Amendment 80 LLP licenses, or Amendment 80 vessels to the same Amendment 80 cooperative or the Amendment 80 limited access fishery. Starting with the 2014 fishing year and thereafter, a person holding multiple Amendment 80 QS permits, Amendment 80 LLP licenses, or owning multiple Amendment 80 vessels must assign all Amendment 80 QS permits, Amendment 80 LLP licenses, or Amendment 80 vessels to either one or more Amendment 80 cooperatives, or the Amendment 80 limited access fishery. (xiii) Which members may catch the Amendment 80 cooperative's CQ? Use of a cooperative's CQ permit is determined by the Amendment 80 cooperative contract signed by its members. Any violations of this contract by a cooperative member may be subject to civil claims by other members of the Amendment 80 cooperative. (xiv) Does an Amendment 80 cooperative need a membership agreement or contract? Yes, an Amendment 80 cooperative must have a membership agreement or contract. A copy of this agreement or contract must be submitted to NMFS with the application for CQ. The membership agreement or contract must specify: (xv) What happens if the Amendment 80 cooperative membership agreement or contract is modified during the fishing year? A copy of the amended Amendment 80 membership agreement or contract must be sent to NMFS in accordance with § 679.4(a)(4). (xvi) What happens if the Amendment 80 cooperative exceeds its CQ amount? An Amendment 80 cooperative is not authorized to catch Amendment 80 species or use crab PSC or halibut PSC in excess of the amount on its CQ permit. Exceeding a CQ permit is a violation of the regulations. Each member of the Amendment 80 cooperative is jointly and severally liable for any violations of the Amendment 80 Program regulations while fishing under the authority of a CQ permit. This liability extends to any persons who are hired to catch or receive CQ assigned to an Amendment 80 cooperative. Each member of an Amendment 80 cooperative is responsible for ensuring that all members of the cooperative comply with all regulations applicable to fishing under the Amendment 80 Program. (xvii) Is there a limit on how much CQ an Amendment 80 cooperative may hold or use? No, but each Amendment 80 QS holder is subject to use caps, and an Amendment 80 vessel may be subject to vessel use caps. See § 679.92(a). (xviii) Is there a limit on how much CQ a vessel may catch? Yes, an Amendment 80 vessel may not catch more than 20 percent of the aggregate Amendment 80 species ITAC assigned to the Amendment 80 sector for that calendar year. See § 679.92(a) for use cap provisions. (xix) Are there any special reporting requirements? Yes, the designated representative of the Amendment 80 cooperative must submit an annual Amendment 80 cooperative report as described under § 679.5(s). In addition, each member of an Amendment 80 cooperative must submit a timely and complete EDR as described under § 679.94. (xx) Is there a requirement that an Amendment 80 cooperative pay Amendment 80 cost recovery fees? Yes, see § 679.95 for the provisions that apply. (4) Successors-in-interest. (i) Amendment 80 ABC reserves General. (2) Allocation of Amendment 80 ABC reserves to Amendment 80 cooperatives. (3) Accessing Amendment 80 ABC reserves. [72 FR 52726, Sept. 14, 2007, as amended at 74 FR 51518, Oct. 7, 2009; 76 FR 68357, Nov. 4, 2011; 79 FR 56681, Sept. 23, 2014; 81 FR 171, Jan. 5, 2016; 81 FR 24733, Apr. 27, 2016; 88 FR 82770, Nov. 24, 2023] § 679.92 Amendment 80 Program use caps and sideboard limits. (a) Use caps General. (2) Amendment 80 QS holder use cap QS and CQ use cap. (A) Prior to June 9, 2006; and (B) At the time of application for Amendment 80 QS. (ii) CQ use cap calculation. (A) The amount of CQ derived from the Amendment 80 QS units held by that person; and (B) Any CQ assigned to that person in an Application for CQ transfer. (iii) Transfer limitations. (B) If an Amendment 80 QS holder that received an initial allocation of aggregate Amendment 80 QS units on his or her Amendment 80 QS permits that exceeds the use cap listed in paragraph (a)(2)(i) of this section transfers an Amendment 80 QS permit to another person, the transferor may not hold more than the greater of either the amount of Amendment 80 QS units held by the transferor after the transfer if the amount of aggregate Amendment 80 QS units continues to exceed the use cap, or the amount equal to the Amendment 80 QS unit use cap established in paragraph (a)(2)(i) of this section. (C) An Amendment 80 QS holder that receives an initial allocation of aggregate Amendment 80 QS units on his or her Amendment 80 QS permits that exceeds the use cap listed in paragraph (a)(2)(i) of this section is prohibited from having any CQ assigned to that Amendment 80 QS holder in an application for CQ transfer unless and until that Amendment 80 QS holder's holdings of aggregate Amendment 80 QS units are reduced to an amount below the use cap specified in paragraph (a)(2)(i) of this section. (3) ITAC use cap for an Amendment 80 vessel. (b) GOA sideboard limits GOA groundfish sideboard limits. (2) GOA halibut PSC sideboard limits. (i) An Amendment 80 vessel that uses halibut PSC CQ in the Central GOA subject to the regulations established in the Rockfish Program under subpart G to this part is not subject to the halibut PSC sideboard limits in Table 38 to this part while fishing under a Rockfish CQ permit; and (ii) Halibut PSC sideboard limits in Table 38 to this part do not apply when an Amendment 80 vessel is using dredge gear while directed fishing for scallops in the GOA. (c) Sideboard restrictions applicable to Amendment 80 vessels directed fishing for flatfish in the GOA Originally Qualifying Amendment 80 Vessels. (2) Amendment 80 Replacement Vessels. (ii) Any vessel that NMFS subsequently approves to replace an Amendment 80 replacement vessel that replaced an Amendment 80 vessel listed in column A of Table 39 to this part may be used to fish in the directed arrowtooth flounder, deep-water flatfish, flathead sole, rex sole, and shallow-water flatfish fisheries in the GOA and in adjacent waters open by the State of Alaska for which it adopts a Federal fishing season. (d) Sideboard restrictions applicable to the fishing vessel GOLDEN FLEECE. (i) May not be used for directed groundfish fishing for northern rockfish, pelagic shelf rockfish, pollock, Pacific cod, or Pacific ocean perch in the GOA and in adjacent waters open by the State of Alaska for which it adopts a Federal fishing season; and (ii) Is not subject to halibut PSC sideboard limits as described in paragraph (b)(2) of this section in the GOA or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season. (2) Sideboard restrictions applicable to any vessel replacing the GOLDEN FLEECE. (ii) If the vessel replacing the GOLDEN FLEECE is greater than 124 ft. (38.1 m) (the MLOA of the LLP license that was originally assigned to the GOLDEN FLEECE, LLG 2524), then the sideboard provisions at § 679.92(b) and (c) apply. (e) Sideboard restrictions applicable to Amendment 80 vessel not assigned an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 LLP/QS license. (1) An Amendment 80 QS permit and an Amendment 80 LLP license; or (2) An Amendment 80 LLP/QS license will be allocated a catch limit of 0 mt in the BSAI and GOA. [72 FR 52726, Sept. 14, 2007, as amended at 77 FR 59871, Oct. 1, 2012; 79 FR 9641, Feb. 20, 2014] § 679.93 Amendment 80 Program recordkeeping, permits, monitoring, and catch accounting. (a) Recordkeeping and reporting. (b) Permits. (c) Catch monitoring requirements for Amendment 80 vessels and catcher/processors not listed in § 679.4(l)(2)(i) using trawl gear and fishing in the BSAI. (1) Catch weighing. (2) Observer sampling station. (3) Observer coverage requirements. (4) Operational line. (5) Fish on deck. (6) Sample storage. (7) Pre-cruise meeting. (8) Belt and flow operations. (9) Vessel crew in tanks or bins. (d) Catch monitoring requirements for Amendment 80 vessels fishing in the GOA. (1) Catch from an individual haul is not mixed with catch from another haul prior to sampling by an observer, and all catch is made available for sampling by an observer; (2) The vessel is in compliance with the observer coverage requirements described at § 679.51(a)(2); (3) Operational Line. (4) The requirements in § 679.93(c)(5), (8), and (9) are met. (e) Catch accounting Amendment 80 species Amendment 80 cooperative. (ii) Amendment 80 limited access fishery. (2) Crab PSC and halibut PSC Amendment 80 cooperative. (ii) Amendment 80 limited access fishery. (3) GOA groundfish sideboard limits. (4) GOA halibut sideboard limits. (i) Halibut PSC CQ used by the catcher/processor sector in the Rockfish Program in the Central GOA; (ii) Halibut PSC used by the fishing vessel GOLDEN FLEECE (USCG Documentation number 609951); and (iii) Halibut PSC used by an Amendment 80 vessel using dredge gear while directed fishing for scallops. [72 FR 52726, Sept. 14, 2007, as amended at 75 FR 53069, Aug. 30, 2010; 78 FR 12632, Feb. 25, 2013; 81 FR 67118, Sept. 30, 2016; 83 FR 30533, June 29, 2018; 84 FR 55053, Oct. 15, 2019; 88 FR 77231, Nov. 9, 2023] § 679.94 Economic data report (EDR) for the Amendment 80 sector. (a) Annual Trawl Catcher/Processor Economic Data Report (EDR) Requirement to submit an EDR. (2) Deadline. (3) Information required. www.alaskafisheries.noaa.gov, (4) EDR certification pages. (i) Part of the entire EDR. (ii) EDR certification only. (b) Verification of EDR data. (2) A person required to submit the Annual Trawl Catcher/Processor EDR or designated representative, if applicable, must respond to inquiries by NMFS, the DCA within 20 days of the date of issuance of the inquiry. [79 FR 71318, Dec. 2, 2014, as amended at 88 FR 7591, Feb. 6, 2023] § 679.95 Amendment 80 Program cost recovery. (a) Cost recovery fee program for Amendment 80 Who is responsible? (i) Subsequent transfer of Amendment 80 CQ or Amendment 80 QS held by Amendment 80 cooperative members; (ii) Non-renewal of an Amendment 80 CQ permit; or (iii) Changes in the membership in an Amendment 80 cooperative, such as members joining or departing during the relevant year, or changes in the amount of Amendment 80 QS holdings of those members. (2) Fee collection. (3) Payment Payment due date. (ii) Payment recipient. (iii) Payment address. http://alaskafisheries.noaa.gov. (iv) Payment method. (b) Amendment 80 standard ex-vessel value determination and use General. (2) Amendment 80 standard prices General. Federal Register (ii) Effective duration. (iii) Determination. (A) Pacific cod. (B) Amendment 80 species other than Pacific cod. 1 ( 2 ( 3 (c) Amendment 80 fee percentage Established percentage. Federal Register (2) Calculating fee percentage value. (i) Factors. (A) The catch to which the Amendment 80 cost recovery fee will apply; (B) The ex-vessel value of that catch; and (C) The costs directly related to the management, data collection, and enforcement of the Amendment 80 Program. (ii) Methodology. (A) DPC = the direct program costs for the Amendment 80 Program for the most recent fiscal year (October 1 through September 30) with any adjustments to the account from payments received in the previous year. (B) V = total of the standard ex-vessel value of the landings subject to the Amendment 80 fee liability for the current year. (3) Publication General. Federal Register (ii) Effective period. (4) Applicable percentage. (5) Fee liability determination for an Amendment 80 CQ permit holder. (ii) The Amendment 80 fee liability assessed to an Amendment 80 CQ permit holder will be based on the proportion of the standard ex-vessel value of Amendment 80 species debited from an Amendment 80 CQ permit holder relative to all Amendment 80 CQ permit holders during a calendar year as determined by NMFS. (iii) NMFS will provide a fee liability summary letter to each Amendment 80 CQ permit holder by December 1 of each year. The summary will explain the fee liability determination including the current fee percentage, and details of Amendment 80 species CQ pounds debited from Amendment 80 CQ allocations by permit, species, date, and prices. (d) Underpayment of fee liability (2) If an Amendment 80 CQ permit holder fails to submit full payment for its Amendment 80 fee by the date described in paragraph (a)(3) of this section, the Regional Administrator may: (i) At any time thereafter send an IAD to the Amendment 80 cooperative's representative stating that the Amendment 80 CQ permit holder's estimated fee liability, based on information submitted by the Amendment 80 cooperative's representative, is the Amendment 80 fee liability due from the Amendment 80 CQ permit holder. (ii) Disapprove any application to transfer Amendment 80 CQ to or from the Amendment 80 CQ permit holder in accordance with § 679.91(g). (3) If an Amendment 80 cooperative representative fails to submit full payment by the Amendment 80 fee payment deadline described at paragraph (a)(3) of this section: (i) The Regional Administrator will not issue a Amendment 80 CQ permit to that Amendment 80 cooperative for the following calendar year; and (ii) The Regional Administrator will not issue Amendment 80 CQ based on the Amendment 80 QS held by the members of that Amendment 80 cooperative to any other CQ permit for that calendar year. (4) Upon final agency action determining that an Amendment 80 CQ permit holder has not paid his or her Amendment 80 fee, the Regional Administrator may continue to not issue an Amendment 80 CQ permit for any subsequent calendar years until NMFS receives the unpaid fees. If payment is not received by the 30th day after the final agency action, the agency may pursue collection of the unpaid fees. (e) Over payment. (f) Appeals. (g) Annual report. [81 FR 171, Jan. 5, 2016] Subpart I—Additional Equipment and Operational Requirements for Motherships and Catcher/Processors § 679.100 Longline Catcher/Processor Subsector. The owner and operator of a vessel named on an LLP license with a Pacific cod catcher/processor hook-and-line endorsement for the Bering Sea, Aleutian Islands or both the Bering Sea and Aleutian Islands subareas (BSAI) must comply with the requirements of this section. (a) Opt out selection. (b) Monitoring option selection. (1) Increased observer coverage option. (i) The vessel is in compliance with observer coverage requirements described at § 679.51(a)(2)(vi)(E)( 1 (ii) The vessel is in compliance with observer workload requirements described at § 679.51(a)(2)(iii). (iii) An observer sampling station meeting the requirements at § 679.28(d) is available at all times, unless otherwise approved by NMFS. (iv) All sets are made available for sampling by an observer. (v) The Observer Program is notified by phone at 1 (907) 581-2060 (Dutch Harbor, AK) or 1 (907) 481-1770 (Kodiak, AK) at least 24 hours prior to departure when the vessel will be carrying an observer who has not previously been deployed on that vessel within the last 12 months. Subsequent to the vessel's departure notification, but prior to departure, NMFS may contact the vessel to arrange for a pre-cruise meeting. The pre-cruise meeting must minimally include the vessel operator or manager and any observers assigned to the vessel. (2) Scales option. (i) The vessel owner and operator must ensure that— (A) The vessel is in compliance with observer coverage requirements described at § 679.51(a)(2)(vi)(E)( 2 (B) All Pacific cod brought onboard the vessel is weighed on a NMFS-approved scale in compliance with the scale requirements at § 679.28(b), and that each set is weighed and recorded separately. (C) An observer sampling station meeting the requirements at § 679.28(d) is available at all times, unless otherwise approved by NMFS. (D) The vessel is in compliance with the video monitoring requirements described at § 679.28(k). (E) The Observer Program is notified by phone at 1 (907) 581-2060 (Dutch Harbor, AK) or 1 (907) 481-1770 (Kodiak, AK) at least 24 hours prior to departure when the vessel will be carrying an observer who has not previously been deployed on that vessel within the last 12 months. Subsequent to the vessel's departure notification, but prior to departure, NMFS may contact the vessel to arrange for a pre-cruise meeting. The pre-cruise meeting must minimally include the vessel operator or manager and any observers assigned to the vessel. (ii) NMFS will use the weight of all catch that passes over the scale for the purposes of accounting for Pacific cod catch. (iii) At the time NMFS approves the scale used to weigh Pacific cod, NMFS will provide the vessel owner or operator with one of the following designations on the scale inspection report that will be used for catch accounting of Pacific cod for the duration of the approval period: (A) Scale prior to bleeding. (B) Scale between bleeding and holding area. (C) Scale after holding area. (c) Electronic logbooks. [77 FR 59061, Sept. 26, 2012, as amended at 77 FR 70103, Nov. 21, 2012; 79 FR 68616, Nov. 18, 2014; 83 FR 30533, June 29, 2018; 88 FR 77231, Nov. 9, 2023] § 679.101 Catcher/processors using pot gear for groundfish fishing. (a) Applicability. (b) Pre-cruise meeting. (c) Additional monitoring options. (1) Observer sampling station option. (2) Increased observer coverage option. 2 (3) NMFS-approved total catch weighing scales option. (i) A vessel owner and operator with an approved Scale Inspection Report must ensure that— (A) All Pacific cod brought on board the vessel is weighed on a NMFS-approved scale in compliance with the scale requirements at § 679.28(b), and that each set is weighed and recorded separately; (B) The vessel is in compliance with the video monitoring requirements described at § 679.28(k); and (C) The vessel is in compliance with the requirements for electronic logbooks at § 679.5(f) at all times during that year. (ii) [Reserved] [88 FR 77232, Nov. 9, 2023] § 679.102 Halibut deck sorting. (a) Applicability. (b) Catch monitoring requirements Catch weighing. (2) Observer sampling station. (3) Observer coverage requirements. (4) Sample storage. (5) Vessel crew in tanks or bins. (6) Observer deck sampling station. (7) Video monitoring. (c) Pre-cruise meeting. (d) Deck Safety Plan. (1) Deck Safety Plan requirements. (i) Describe the route for observers to safely access and leave the deck sampling station and specify locations where observers may shelter during gear retrieval and movement. (ii) Describe hazardous areas and potentially hazardous conditions that could be encountered on deck. (iii) Describe communication procedures to inform the observer when it is safe to access the deck. These procedures must identify who will tell the observer it is safe to access the deck, how that communication will happen, and how they will communicate with the observer if a new safety hazard arises while on deck. (iv) List personal protective equipment that must be worn by the observer while on deck. (v) List all personnel the observer may contact to report safety issues, including safety hazards identified by the observer that are not covered by the Deck Safety Plan, deviations from the Deck Safety Plan, and any conditions that would require the suspension of halibut deck sorting. (vi) Provide procedures to ensure the observer's safety while working in the deck sampling station. (vii) Include a scale drawing showing the deck sampling station, the routes to access and exit the deck sampling station, emergency muster location, and safety hazards that could be encountered on deck. (2) Approval. (3) Deck Safety Plan inspection. station.inspections@noaa.gov (4) Location. (5) Changes to the Deck Safety Plan. (e) Vessel operator responsibilities. (1) Deck sorting safety meeting. (2) Observer notification. (3) Observer present. (4) Time limit. (5) Single sorting pathway. (6) Careful handling. (7) Sorting pace. (8) Visual signal. [84 FR 55054, Oct. 15, 2019. Redesignated at 88 FR 77232, Nov. 9, 2023] Subpart J—Salmon Fishery Management Source: 89 FR 34759, Apr. 30, 2024, unless otherwise noted. § 679.110 Applicability. This subpart contains regulations governing the commercial and recreational harvest of salmon in the Salmon Management Area (See § 679.2). §§ 679.111-679.113 [Reserved] § 679.114 Permits. (a) Requirements What permits are available? If permit type is: Permit is in effect from issue date through the end of: For more information, see . . . (i) Salmon Federal Fisheries Permit 3 years or until expiration date shown on permit Paragraph (b) of this section. (ii) Salmon Federal Processor Permit Until expiration date shown on permit Paragraph (c) of this section. (iii) Registered Salmon Receiver Permit 1 year Paragraph (d) of this section. (2) Permit and logbook required by participant and fishery. (3) Permit application. (ii) Upon receipt of an incomplete or improperly completed permit application, NMFS will notify the applicant of the deficiency in the permit application. If the applicant fails to correct the deficiency, the permit will not be issued. NMFS will not approve a permit application that is untimely or incomplete; (iii) The owner or authorized representative of a vessel, owner or authorized representative of a processor, and Registered Salmon Receiver must obtain a separate permit for each vessel, entity, operation, or facility, as appropriate to each Federal permit in this section; (iv) All permits are issued free of charge; (v) NMFS will consider objective written evidence in determining whether an application is timely. The responsibility remains with the sender to provide objective written evidence of when an application to obtain, amend, or to surrender a permit was received by NMFS ( e.g., (vi) For applications delivered by hand delivery or carrier, the date the application was received by NMFS is the date NMFS staff signs for it upon receipt. If the application is submitted by fax or mail, the receiving date of the application is the date stamped received by NMFS. (4) Disclosure. (5) Sanctions and denials. (6) Harvesting privilege. (7) Permit surrender. (ii) For surrender of an SFFP and SFPP, refer to paragraphs (b)(3)(ii) and (c)(3)(ii) of this section, respectively. (b) Salmon Federal Fisheries Permit (SFFP) Requirements. (ii) Each vessel used to commercially fish for salmon within the Cook Inlet EEZ Area must have a legible copy of a valid SFFP on board at all times. The vessel operator must present the valid SFFP for inspection upon the request of any authorized officer. (2) Vessel operation. (3) Duration Length of permit effectiveness. (ii) Surrendered permit. (B) An owner or authorized representative who applied for and received an SFFP must notify NMFS of the intention to surrender the SFFP by submitting an SFFP application found at the NMFS Alaska Region website and indicating on the application that surrender of the SFFP is requested. Upon receipt and approval of an SFFP surrender application, NMFS will withdraw the SFFP from active status. (4) Amended permit. (5) SFFP application. (6) Issuance. (ii) NMFS will send an SFFP with the appropriate logbooks to the owner or authorized representative, as provided under § 679.115. (7) Transfer. (c) Salmon Federal Processor Permit (SFPP) Requirements. (2) SFPP application. (3) Issuance. (4) Duration Length of effectiveness. (ii) Surrendered permit. (B) An owner or authorized representative who applied for and received an SFPP must notify NMFS of the intention to surrender the SFPP by submitting an SFPP application found at the NMFS Alaska Region website and indicating on the application form that surrender of the SFPP is requested. Upon receipt and approval of an SFPP surrender application, NMFS will withdraw the SFPP from active status. (5) Amended permit. (6) Transfer. (d) Registered Salmon Receiver Permit (RSRP) Requirements. (2) Application. (3) Issuance. (4) Duration. (i) An RSRP is in effect from the first day of May in the year for which it is issued or from the date of issuance, whichever is later, through the end of the current annual cycle, unless it is revoked, suspended, or modified under § 600.735 or § 600.740 of this chapter, or surrendered in accordance with paragraph (a)(7) of this section. (ii) An RSRP may be voluntarily surrendered in accordance with paragraph (a)(7) of this section. An RSRP may be reissued to the permit holder of record in the same fishing year in which it was surrendered. (5) Amended permit. § 679.115 Recordkeeping and reporting. (a) General recordkeeping and reporting (R&R) requirement. (1) Salmon logbooks and forms. (ii) The operator must use the current edition of the logbooks and current format of the forms, unless they obtain prior written approval from NMFS to use logbooks from the previous year. Upon approval from NMFS, electronic versions of the forms may be used. (iii) Commercial salmon harvest that occurred in the Cook Inlet EEZ Area must be recorded in eLandings by an SFPP or RSRP holder. See paragraph (b) of this section for more information. (2) Responsibility. (ii) The owner of a vessel, the owner of a salmon shoreside processor, and the owner of a Registered Salmon Receiver are responsible for ensuring their employees and agents comply with applicable R&R requirements in this section. (3) Fish to be recorded and reported. (i) Harvest information from vessels; (ii) Receipt information from vessels, buying stations, and tender vessels, including fish received from vessels not required to have an SFFP or FFP, and fish received under contract for handling or processing for another processor; (iii) Discard or disposition information, including fish reported but not delivered to the operator or manager ( e.g., (iv) Transfer information, including fish transferred off the vessel or out of the facility. (4) Inspection and retention of records Inspection of records. (ii) Retention of records. (A) Retain these records on board a vessel, on site at the salmon shoreside processor or stationary floating processor (see § 679.2), or at the Registered Salmon Receiver's place of business, as applicable, until the end of the fishing year during which the records were made and for as long thereafter as fish or fish products recorded in the R&R documentation are retained on site. (B) Retain these records for 3 years after the end of the fishing year during which the records were made. (5) Maintenance of records. (6) Custom processing. (i) For combined records, record landings, discards or dispositions, and products of custom-processed salmon routinely in eLandings using processor name, any applicable RSRP number or SFPP number, and ADF&G processor code; or (ii) For separate records, record landings, discards or dispositions, and products of custom-processed salmon in eLandings identified by the name, SFPP number or RSRP number, and ADF&G processor code of the associated business entity. (7) Representative. (b) Interagency Electronic Reporting System (IERS) and eLandings Responsibility. https://elandings.alaska.gov (ii) If the User is unable to submit commercial fishery landings of Cook Inlet EEZ salmon due to hardware, software, or internet failure for a period longer than the required reporting time, the User must contact NMFS Sustainable Fisheries Division at 907-586-7228 for instructions. When the hardware, software, or internet is restored, the User must enter this same information into eLandings or other NMFS-approved software. (2) eLandings processor registration. https://elandings.alaska.gov/elandings/Register; (ii) Upon registration acceptance, the User must print, sign, and mail or fax the User Agreement Form to NMFS at the address or fax number shown on the form. Confirmation is emailed to indicate that the User is registered, authorized to use eLandings, and that the UserID and User's account are enabled; and (iii) The User's signature on the registration form means that the User agrees to the following terms: (A) To use eLandings access privileges only for submitting legitimate fishery landing reports; (B) To safeguard the UserID and password to prevent their use by unauthorized persons; and (C) To ensure that the User is authorized to submit landing reports for the processor permit number(s) listed. (3) Information required for eLandings processor registration form. (i) Select the operation type from the dropdown list; (ii) Enter a name that will refer to the specific operation. For example, if the plant is in Kodiak and the company is East Pacific Seafoods, the operation name might read “East Pacific Seafoods-Kodiak;” (iii) Enter ADF&G processor code; (iv) Enter all the Federal permits associated with the operation; (A) If a processor for Cook Inlet EEZ salmon, enter the SFPP number; and (B) If a Registered Salmon Receiver, enter the RSRP number; (v) Enter the home port code (see tables 14a, 14b, and 14c to this part) for the operation; (vi) If a tender operation, the operator must enter the ADF&G vessel identification number of the vessel; (vii) If a buying station or Registered Salmon Receiver operation is a vehicle, enter vehicle license number and the state of license issuance; (viii) If a buying station, tender vessel, or custom processor, enter the following information to identify the associated processor where the processing will take place: operation type, ADF&G processor code, and applicable SFPP number, and RSRP number; and (ix) Each operation requires a primary User. Enter the following information for the primary User for the new operation: create and enter a UserID, initial password, company name, User name (name of the person who will use the UserID), city and state where the operation is located, business telephone number, business fax number, business email address, security question, and security answer. (4) Information entered automatically for eLandings landing report. (5) Information submitted in an eLandings landing report. (i) Information entered for each salmon delivery to a salmon shoreside processor or Registered Salmon Receiver. The User for a shoreside processor, stationary floating processor, or Registered Salmon Receiver must enter the information specified at (b)(5)(i)(A) through (C) of this section for each salmon delivery provided by the operator of a vessel, the operator or manager of an associated buying station or tender vessel, and from processors for reprocessing or rehandling product into eLandings or other NMFS-approved software: (A) Delivery information. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 (B) Catch information. (C) Discard or disposition information. 1 ( 2 ( 3 (ii) [Reserved] (c) Logbooks Requirements. (ii) Except as described in paragraph (c)(1)(iii) or (iv) of this section, no person may alter or change any entry or record in a logbook; (iii) An inaccurate or incorrect entry or record in printed data must be corrected by lining out the original and inserting the correction, provided that the original entry or record remains legible. All corrections must be made in ink; and (iv) If after an electronic logsheet is signed, an error is found in the data, the operator must make any necessary changes to the data, sign the new logsheet, and export the revised file to NMFS. The operator must retain both the original and revised logsheet reports. (2) Logsheet distribution and submittal. (3) Salmon drift gillnet vessel daily fishing log. (4) Reporting time limits. Reporting Time Limits, Catcher Vessel Drift Gillnet Gear Required information Time limit for recording (i) SFFP number, set number, date and time gear set, date and time gear hauled, beginning and end positions of set, length of net deployed, total number of salmon, and estimated hail weight of groundfish for each set Within 2 hours after completion of gear retrieval. (ii) Discard and disposition information Prior to landing. (iii) Submit an accurate copy of the groundfish discards reported on the daily fishing log to shoreside processor or Registered Salmon Receiver receiving catch At the time of catch delivery. (iv) All other required information At the time of catch delivery. (v) Operator sign the completed logsheets At the time of catch delivery. [89 FR 34759, Apr. 30, 2024; 89 FR 46334, May 29, 2024] § 679.116 [Reserved] § 679.117 Salmon fisheries prohibitions. In addition to the general prohibitions specified in § 600.725 of this chapter and § 679.7, it is unlawful for any person to do any of the following: (a) The East Area and the West Area East Area. (2) West Area. (b) Cook Inlet EEZ Area Commercial fishery participants. (ii) Engage in commercial fishing for salmon using any gear except drift gillnet gear, described at § 679.118, in the Cook Inlet EEZ Area; (iii) Have on board, retrieve, or deploy any gear, except a drift gillnet legally configured for the Cook Inlet EEZ Area commercial salmon fishery while commercial fishing for salmon in the Cook Inlet EEZ Area; (iv) Deploy more than one drift gillnet while commercial fishing for salmon in the Cook Inlet EEZ Area; (v) Deploy drift gillnet gear within, or allow any portion of drift gillnet gear to enter, Alaska State waters on the same calendar day that drift gillnet gear is also deployed in the Cook Inlet EEZ Area while commercial fishing for salmon in the Cook Inlet EEZ Area; (vi) Deploy drift gillnet gear in excess of the allowable configuration for total length and mesh size specified at § 679.118(f) while commercial fishing for salmon in the Cook Inlet EEZ Area; (vii) Use a vessel named, or required to be named, on an SFFP to fish for salmon in the Cook Inlet EEZ Area if that vessel fishes for salmon in Alaska State waters on the same calendar day; (viii) Possess salmon, harvested in Alaska State waters, on board a vessel commercial fishing for salmon in the Cook Inlet EEZ Area; (ix) Have salmon on board a vessel at the time a fishing trip commences in the Cook Inlet EEZ Area; (x) Conduct recreational fishing for salmon, or have recreational or subsistence salmon on board, while commercial fishing for salmon in the Cook Inlet EEZ Area; (xi) Use or employ aircraft (manned or unmanned) to locate salmon or to direct commercial fishing while commercial fishing for salmon in the Cook Inlet EEZ Area 1 hour before, during, and 1 hour after a commercial salmon fishing period; (xii) Land salmon harvested in Alaska State waters concurrently with salmon harvested commercially in the Cook Inlet EEZ Area; (xiii) Land or transfer salmon harvested while commercial fishing for salmon in the Cook Inlet EEZ Area, within the EEZ off Alaska; (xiv) Operate a vessel named, or required to be named, on an SFFP in the waters of Cook Inlet without an operable VMS as required in § 679.28(f). (xv) Discard any salmon harvested while commercial fishing for salmon in the Cook Inlet EEZ Area. (xvi) Engage in commercial fishing for salmon in the Cook Inlet EEZ Area contrary to notification of inseason action, closure, or adjustment issued under §§ 679.25 and 679.118. (2) Recreational fishery participants. (ii) Use more than a single line, with more than two hooks attached, per angler in the Cook Inlet EEZ Area; (iii) No person shall possess on board a vessel, including charter vessels and pleasure craft used for fishing, salmon retained in the Cook Inlet EEZ Area that have been filleted, mutilated, or otherwise disfigured in any manner, except that each salmon may be cut into no more than two pieces with a patch of skin on each piece, naturally attached. One piece from one salmon on board may be consumed. (iv) Exceed the daily bag limits and possession limits established under § 679.119. (v) Engage in recreational fishing for salmon in the Cook Inlet EEZ Area contrary to notification of inseason action, closure, or adjustment issued under § 679.118. (3) Processors and Registered Salmon Receivers. (ii) Process or receive salmon harvested in the Cook Inlet EEZ Area without submitting a timely and complete landing report as required under § 679.115; (iii) Process salmon harvested in the Cook Inlet EEZ Area in the EEZ off Alaska; and (iv) Receive or transport salmon caught in the Cook Inlet EEZ Area without an SFPP or RSRP issued under § 679.114. (4) Recordkeeping and reporting. (ii) Alter or forge any permit or document issued under § 679.114 or § 679.115; (iii) Fail to submit or submit inaccurate information on any report, application, or statement required under this part; and (iv) Intentionally submit false information on any report, application, or statement required under this part. (5) General. § 679.118 Management measures. This section applies to vessels engaged in commercial fishing and recreational fishing for salmon in the Cook Inlet EEZ Area. (a) Harvest limits TAC. (2) Annual TAC determination. (i) Resource assessment documents prepared regularly for the Council that provide information on historical catch trends; updated estimates of the MSY of the salmon stocks or stock complexes; assessments of the stock condition of each salmon stock or stock complex; SSC recommendations on reference points established for salmon stocks; management uncertainty; assessments of the multispecies and ecosystem impacts of harvesting the salmon stocks at current levels, given the assessed condition of stocks, including consideration of rebuilding depressed stocks; and alternative harvesting strategies and related effects on the salmon species; (ii) Social and economic considerations that are consistent with Salmon FMP goals for the Cook Inlet EEZ Area, including the need to promote efficiency in the utilization of fishery resources, including minimizing costs; the desire to conserve, protect, and rebuild depleted salmon stocks; the importance of a salmon fishery to harvesters, processors, local communities, and other salmon users in Cook Inlet; and the need to promote utilization of certain species. (b) Annual specifications Proposed specifications. (ii) NMFS will accept public comment on the proposed specifications established by this section for a period specified in the notice of proposed specifications published in the Federal Register (2) Final specifications. Federal Register (i) Publish a revised notice of proposed specifications in the Federal Register Federal Register (ii) Publish a notice of final specifications in the Federal Register (c) Management authority Fishery closures. Federal Register (ii) For recreational fishing, if NMFS determines that any salmon ABC as specified under paragraph (b) of this section has been or may be reached, NMFS will publish notification in the Federal Register (d) Commercial Fishery maximum retainable amounts (MRA) Proportion of basis species. (2) Calculation. (ii) To obtain these individual retainable amounts, multiply the appropriate retainable percentage for the incidental catch species/basis species combination, set forth in table 10 to this part for the GOA species categories, by the amount of the relevant basis species on board, in round-weight equivalents. (iii) The MRA for that specific incidental catch species is the sum of the individual retainable amounts for each basis species. (e) Seasons Fishing season. (2) Fishing periods. (f) Legal gear Size. (2) Marking. (3) Floating. (4) Measurement. [89 FR 34759, Apr. 30, 2024; 89 FR 46334, May 29, 2024] § 679.119 Recreational salmon fisheries. (a) Daily bag limits and possession limits. (1) Chinook salmon. (2) Coho salmon, sockeye salmon, pink salmon, and chum salmon. (3) Combination of bag/possession limits. (4) Responsibility for bag/possession limits. (5) Transfer at sea. (b) Careful release. Subpart K [Reserved] Subpart L—Pacific Cod Trawl Cooperative Program Source: 88 FR 53735, Aug. 8, 2023, unless otherwise noted. § 679.130 Allocation, use, and transfer of PCTC Program QS permits. (a) Applicable areas and seasons. (2) The following fishing seasons apply to fishing under this subpart subject to other provisions of this part: (i) Fishing by vessels participating in a cooperative is authorized for the PCTC Program A season from 1200 hours, A.l.t., January 20 through 1200 hours, A.l.t., April 1. (ii) Fishing by vessels participating in a cooperative is authorized for the PCTC Program B season from 1200 hours, A.l.t., April 1 through 1200 hours, A.l.t., June 10. (iii) The PCTC Program does not apply to the Pacific cod trawl catcher vessel C season, as defined at § 679.23(e)(5)(ii)(C)( 1 (b) Pacific cod legal landings. (1) Was made in compliance with State and Federal regulations in effect at that time; and (2) Was recorded on a State of Alaska fish ticket for shoreside deliveries or in observer data for mothership deliveries; and (3) Was the predominately retained species on the fishing trip; and (4) Was authorized by: (i) An LLP license and caught in the A or B season of a Federal or parallel groundfish fishery during the qualifying years 2009 through 2019; or (ii) An LLP license with a transferable AI endorsement prior to receiving the AI endorsement and was caught in a parallel fishery between January 20, 2004, and September 13, 2009; and (5) Was not made in a CDQ fishery; and (6) Was not made in a State of Alaska GHL fishery. (c) Eligible PCTC Program harvesters. (d) Assigning trawl catcher vessel Pacific cod legal landings to an LLP license. (2) NMFS will assign Pacific cod legal landings to an LLP license that meets the requirements of paragraph (b) of this section. (3) NMFS will reissue LLP licenses to eligible harvesters that specify the number of PCTC Program QS units assigned to their LLP licenses. (e) Eligible PCTC Program processors. (f) Assigning Pacific cod processing history to an eligible processor. (2) NMFS will assign Pacific cod processing history based on legal landings delivered to a processor authorized by an FPP or FFP that meets the requirements of this section. (3) For the initial allocation of PCTC Program QS, qualifying processing history is attached to the processor at the time legal landings were received. (4) An eligible processor will be issued a PCTC Program QS permit that specifies the number of QS units assigned to that processor. (g) PCTC Program official record. (i) The amount of Pacific cod legal landings as defined at in this section assigned to an LLP license; (ii) The amount of Pacific cod processing history of legal landings as defined at § 679.130 assigned to an FPP or FFP; (iii) The amount of PCTC Program QS resulting from Pacific cod legal landings assigned to an LLP license held by an eligible harvester, or QS resulting from Pacific cod processing history assigned to an FPP or FFP held by an eligible processor; (iv) The amount of Pacific cod sideboard ratios assigned to LLP licenses; (v) Eligibility to participate in the PCTC Program; and (vi) QS assigned to PCTC Program participants. (2) The PCTC Program official record is presumed to be correct. An applicant participating in the PCTC Program has the burden to prove otherwise. (3) Only Pacific cod legal landings and processing history of legal landings, as described in paragraph (b) of this section, shall be used to establish an allocation of PCTC Program QS. Evidence of legal landings shall be limited to documentation of state or Federal catch reports that indicate the amount of Pacific cod harvested, the groundfish reporting area in which it was caught, the vessel and gear type used to catch it, and the date of harvesting, landing, or reporting. (h) Application for PCTC Program quota share Submission of an application for PCTC Program quota share. (2) Deadline. (3) Contents of application. (i) Additional required documentation for LLP license holders. Vessel names, ADF&G vessel registration numbers, and USCG documentation numbers of all vessels that fished under the authority of each LLP license, including dates when landings were made under the authority of an LLP license from 2009 through 2019 or under the authority of an LLP license prior to earning a transferable AI endorsement from 2004-2019; (ii) Additional required documentation for processors. Processor name, FFP or FPP number, and location of processing plant, including dates when landings were made under the authority of an LLP license from 2009 through 2019; (iii) The applicant must sign and date the application certifying under penalty of perjury that all information is true and correct. If the application is completed by a designated representative, then explicit authorization signed by the applicant must accompany the application. (4) Application evaluation. (5) Appeals. (i) Assigning PCTC Program QS to Harvesters and Processors. (1) Calculation of PCTC Program QS allocation to LLP licenses without a transferable AI endorsement. (i) Determine the Pacific cod legal landings for each LLP license for each calendar year from 2009 through 2019. (ii) Select the 10 calendar years from the qualifying time period with the highest amount of legal landings for each LLP license, including years with zero metric tons if necessary. (iii) Sum the Pacific cod legal landings of the highest 10 years for each LLP license. This yields the PCTC Program QS units (in metric tons) for each LLP license. (2) Calculation of PCTC Program QS allocation to LLP licenses with a transferable AI endorsement. (i) Determine the Pacific cod legal landings for each LLP license with a transferable AI endorsement for each calendar year from 2004 through 2019. (ii) Select the fifteen calendar years that yield the highest amount of legal landings for each LLP license, including years with zero metric tons if necessary. (iii) Sum the Pacific cod legal landings of the highest fifteen years for each LLP license with transferable AI endorsement. This yields the PCTC Program QS units (in metric tons) for each LLP license with a transferable AI endorsement. (3) Official record date. (4) Calculation of PCTC Program QS allocation to processors. (i) Sum the Pacific cod legal landings delivered to each FPP or FFP for each calendar year from 2009 through 2019; (ii) Select the ten calendar years that yield the highest amount of legal landings delivered to each FPP or FFP, including years with zero metric tons if necessary; (iii) Sum the Pacific cod legal landings of the highest 10 years for each FPP or FFP. This yields the QS units for each eligible processor, which will be specified on a PCTC Program QS permit for that processor; (iv) The PCTC Program QS pool for processors is the sum of all QS units assigned to processors in metric tons based on the PCTC official record as of December 31, 2022. (5) Non-severability and exceptions. (i) If multiple LLP licenses authorized catch by a vessel, the LLP license holders must submit to NMFS an agreement specifying the amount of shared catch history to assign to each LLP license with the application for PCTC Program QS. In the absence of an agreement, the owner of the vessel that made the catch will assign qualifying catch history to each LLP license. (ii) For the LLP licenses associated with non-exempt AFA catcher vessels, within 90 days of initial issuance of PCTC Program QS, the owners of the LLP licenses that are associated with AFA non-exempt catcher vessels that engaged in fish transfer agreements during the qualifying periods may transfer PCTC Program QS to other LLP licenses associated with AFA non-exempt vessels, subject to the ownership cap at § 679.133. (A) NMFS will execute permanent transfers of PCTC Program QS between eligible LLP licenses during the 90-day transfer provision upon request. The transferor and transferee must show they agree to the one-time permanent transfer of PCTC Program QS, or show a transfer is authorized by an operation of law ( e.g., (B) After the expiration of the 90-day transfer provision, PCTC Program QS will no longer be severable from the LLP license to which it is assigned unless authorized by the transfer rules specified in paragraph (j) or modification is supported by an operation of law. (j) Transfer of PCTC Program QS. (2) Transfer of PCTC Program QS assigned to LLP licenses that exceeds PCTC Program QS ownership caps. (i) If an LLP license receives an initial allocation of PCTC Program QS that exceeds an ownership cap specified at § 679.133(a), upon transfer of the LLP license, the LLP license holder may transfer the amount of PCTC Program QS in excess of the ownership cap separately from the LLP license and assign it to one or more LLP licenses. However, a transfer will not be approved by NMFS if that transfer would cause the receiving LLP license to exceed an ownership cap specified at § 679.133(a). (ii) Prior to the transfer of an LLP license that received an initial allocation of PCTC Program QS that exceeds an ownership cap specified at § 679.133(a), the LLP license holder must transfer the PCTC Program QS that is in excess of the ownership cap separately from that LLP license and assign it to one or more LLP licenses. On completion of the transfer of PCTC Program QS, the LLP license that was initially allocated an amount of PCTC Program QS in excess of the ownership cap may not exceed any ownership cap specified at § 679.133(a). (iii) Any PCTC Program QS associated with the LLP license that is in excess of the ownership cap may be assigned to another LLP license through the application used to transfer LLP licenses, and only if the application is approved as specified at § 679.4(k)(7). (iv) PCTC Program QS that is transferred from an LLP license that was initially allocated an amount of PCTC Program QS in excess of the ownership cap specified at § 679.133(a) and assigned to another LLP license may not be severed from the receiving LLP license. (3) Transfer of processor PCTC Program QS Permits. A person may transfer a PCTC Program QS permit to another processor with an active FPP issued under § 679.4. A transfer of processor-held PCTC Program QS may not cause the receiver of the permit to exceed the ownership cap specified at § 679.133(a) at the time of transfer. A PCTC Program QS permit held by a processor and associated QS may be transferred only if the application for transfer of PCTC Program QS permit is filled out entirely. A PCTC Program QS permit initially issued to an FFP holder may be transferred to a processor with an active FPP issued under § 679.4 or to a processor with an active FFP that authorizes a vessel named on an LLP license with a BSAI Pacific cod trawl mothership endorsement. (4) Transfer of PCTC Program QS assigned to a processor-held PCTC Program QS permit that exceeds PCTC Program ownership caps. (i) If a PCTC Program QS permit receives an initial allocation of QS that exceeds an ownership cap specified at § 679.133(a), the processor may transfer QS in excess of the ownership cap separately from that PCTC Program QS permit and assign it to the PCTC Program QS permit of one or more processors with an active FPP or FFP. However, a transfer will not be approved by NMFS if that transfer would cause the receiving processor to exceed an ownership cap specified at § 679.133(a). (ii) Prior to the transfer of a PCTC Program QS permit that received an initial allocation of QS that exceeds an ownership cap specified at § 679.133(a), the permit holder must transfer the QS that is in excess of the ownership cap separately from that PCTC Program QS permit and assign it to one or more PCTC Program QS permits. On completion of the transfer of QS, the PCTC Program QS permit that was initially allocated an amount of QS in excess of the ownership cap may not exceed any ownership cap specified at § 679.133(a). (iii) Any QS associated with the PCTC Program QS permit held by a processor that is in excess of an ownership cap may be transferred only if the application for transfer of PCTC Program QS permit is filled out entirely. § 679.131 PCTC Program annual harvester privileges. (a) Assigning CQ to a PCTC Program cooperative General. See (ii) NMFS will issue a CQ permit to a PCTC Program cooperative based on the aggregate PCTC Program QS of all LLP licenses and associated processors designated on an application for CQ that is approved by the Regional Administrator as described under paragraph (a)(4) of this section. (iii) Processors must associate with a PCTC Program cooperative for the PCTC Program QS assigned to that processor's PCTC Program QS permit to be issued to a PCTC Program cooperative as CQ. (2) PCTC Program QS issued after issuance of CQ or Pacific cod trawl catcher vessel sector TAC. (3) Failure to designate QS to a PCTC Program cooperative. (4) Application for PCTC Program CQ. (i) PCTC Program cooperative identification, including but not limited to the name of the cooperative and the taxpayer identification number; (ii) PCTC Program QS holders and ownership documentation; (iii) PCTC Program cooperative member vessels and LLP licenses; (iv) PCTC Program cooperative associated processors; (v) Vessels with FFPs on which the CQ issued to the PCTC Program cooperative will be used; (vi) Certification of cooperative representative; (vii) An attached copy of the membership agreement or contract that includes the following terms: (A) How the cooperative intends to harvest its CQ; (B) The obligations of QS holders who are members of a PCTC Program cooperative to ensure the full payment of PCTC Program fee liabilities that may be due; (C) How cooperatives monitor and report leasing activity in GOA fisheries; and (D) For a cooperative intending to harvest any amount of the CQ set-aside, the cooperative's plan for coordinating harvest and delivery of the CQ set-aside with an Aleutian Islands shoreplant as defined § 679.2. (viii) Each year, all cooperatives must establish an inter-cooperative agreement. This inter-cooperative agreement must be included as part of each annual cooperative application and is required before NMFS will issue CQ. The inter-cooperative agreement must establish how the cooperatives intend to harvest the CQ set-aside in years when it applies and ensure harvests in the BS do not exceed the minimum set-aside as specified at § 679.132(a)(4)(i). For the calendar year 2023, NMFS will allow each cooperative to submit the inter-cooperative agreement prior to December 31, 2023. (b) Allocations of Pacific cod to the PCTC Program General. (i) Incidental catch allowance (ICA). (ii) Directed fishing allowance (DFA). (2) Calculation Determination of Pacific cod trawl catcher vessel TAC allocated to the PCTC Program. (ii) Annual apportionment of Pacific cod trawl catcher vessel TAC. (3) Allocations of Pacific Cod DFA to PCTC Program Harvester percentage of DFA. (ii) Processor percentage of DFA. (4) Allocation of CQ to PCTC Program cooperatives General. (ii) CQ allocation to PCTC Program cooperatives. CQ derived from QS assigned to LLP holders = [(.775 × DFA) × (Total LLP license QS units assigned to that cooperative/sum of all LLP license QS units)] CQ derived from QS assigned to PCTC Program QS permit holders = [(.225 × DFA) × (Total PCTC Program Permit QS units assigned to that cooperative/sum of all PCTC Program QS permit QS units)] The total CQ issued to that cooperative = CQ derived from LLP license holders + CQ derived from PCTC Program QS permit holders (iii) Issuance of CQ. (iv) AI set-aside. (c) Allocations of halibut PSC Halibut PSC limit for the PCTC Program. (i) Multiply the halibut PSC limit apportioned to the BSAI trawl limited access sector's Pacific cod fishery category by 98 percent, which yields the halibut PSC apportioned to the trawl catcher vessel sector. The remaining 2 percent is apportioned to the AFA catcher/processor sector as specified at § 679.21(b)(4). (ii) Assign 95 percent of the trawl catcher vessel sector's halibut PSC limit to the A and B seasons and 5 percent to the C season. (iii) Each year after apportioning halibut PSC to the trawl catcher vessel sector for the A and B season, apply one of the following reductions to the A and B season trawl catcher vessel halibut PSC limit to determine the overall PCTC Program halibut PSC limit: (A) In the first year of the PCTC Program, reduce the A and B season halibut PSC limit by 12.5 percent. (B) In the second year, and each year thereafter, reduce the A and B season halibut PSC limit by 25 percent. (2) Halibut PSC assigned to each PCTC Program cooperative. (i) Divide the amount of CQ units assigned to each PCTC Program cooperative by the amount of CQ allocated to all cooperatives. This yields the percentage of CQ units held by each cooperative. (ii) Multiply the overall PCTC Program halibut PSC limit by the percentage of the CQ assigned to a cooperative. This yields the amount of halibut PSC issued to that cooperative as CQ. (3) Use of halibut PSC in the PCTC Program. (d) Allocations of crab PSC Crab PSC limits for the PCTC Program. (i) Multiply the crab PSC limit apportioned to the BSAI trawl limited access sector's Pacific cod fishery category by 90.6 percent, which yields the percentage of crab PSC apportioned to the trawl catcher vessel sector. The remaining 9.4 percent goes to the AFA catcher/processor sector as specified at § 679.21(b)(4). (ii) Assign 95 percent of the trawl catcher vessel sector's crab PSC limit to the A and B seasons and 5 percent to the C season. (iii) Reduce the A and B season trawl catcher vessel crab PSC limit by 35 percent to determine the overall PCTC Program crab PSC limit. (2) Crab PSC assigned to each PCTC Program cooperative. (i) Divide the amount of CQ assigned to each PCTC Program cooperative by the total CQ assigned to all cooperatives. This yields the percentage of CQ held by that cooperative. (ii) Multiply the overall PCTC Program crab PSC limit by the percentage of the CQ pool assigned to a cooperative. This yields the crab PSC limit issued to that cooperative as CQ. (3) Use of crab PSC in the PCTC Program. (e) Transfer of PSC limits. (f) Non-allocated Groundfish species. (g) Rollover of Pacific cod. Federal Register (h) Rollover of PSC to the C Season. Federal Register (i) Process for inter-cooperative transfer of CQ. (j) PCTC Program cooperatives General. (2) Legal and organizational requirements. (i) Each PCTC Program cooperative must be formed as a partnership, corporation, or other legal business entity that is registered under the laws of one of the 50 States or the District of Columbia; (ii) Each PCTC Program cooperative must appoint an individual as the designated representative to act on the cooperative's behalf and to serve as a contact point for NMFS for questions regarding the operation of the cooperative. The designated representative may be a member of the cooperative, or some other individual designated by the cooperative to act on its behalf; (iii) Each PCTC Program cooperative must submit a timely and complete application for CQ; and (iv) Each PCTC Program cooperative must meet the mandatory requirements established in paragraph (j)(3) of this section. (3) Elements of PCTC Program cooperatives. (i) Who may join or associate with a PCTC Program cooperative? Any PCTC Program QS holder named on a timely and complete application for CQ for that calendar year that is approved by NMFS. Individuals who are not QS holders may be employed by, or serve as the designated representative of, a cooperative, but cannot be members of the cooperative. Any processor with an FPP may associate with a cooperative. A processor with an FFP must be named on an LLP license with a BSAI Pacific cod trawl mothership endorsement. (ii) What is the minimum number of LLP licenses required to form a cooperative? A minimum of three LLP licenses are needed to form a cooperative. (iii) How many unique LLP license holders are required to form a cooperative? There is no minimum number of unique LLP license holders required to form a cooperative. (iv) Is there a minimum amount of PCTC Program QS units that must be assigned to a PCTC Program cooperative? No. (v) What is allocated to the PCTC Program cooperatives? A and B season CQ for Pacific cod, halibut PSC limits, and crab PSC limits, based on the total QS units assigned to the cooperative by its members. (vi) Is this CQ an exclusive catch and use privilege? Yes, the cooperative has an exclusive privilege to collectively catch and use this CQ. A cooperative can transfer all or a portion of this CQ to another cooperative. (vii) Is there a period in a calendar year during which PCTC Program cooperative vessels may catch Pacific cod? Yes, any cooperative vessel may harvest CQ during the during the A and B seasons specified at § 679.130(a)(2). (viii) Can any vessel catch a PCTC Program cooperative's Pacific cod? No, only vessels that are listed on the cooperative's Application for PCTC Program CQ may catch Pacific cod assigned to that cooperative. (ix) Can a member of a PCTC Program cooperative transfer CQ individually without the approval of the other members of the cooperative? No, only the designated representative of the cooperative, and not individual members, may transfer CQ to another cooperative, and only if that transfer is approved by NMFS. (x) Are GOA sideboard limits assigned to specific persons or PCTC Program cooperatives? Existing sideboard limits apply to individual vessels or LLP license holders, not cooperatives. (xi) Can PCTC Program QS assigned to an LLP license or QS held by processors be assigned to more than one PCTC Program cooperative in a calendar year? QS assigned to an LLP license may be assigned to only one cooperative in a calendar year. Multiple QS permits or LLP licenses held by a single person are not required to be assigned to the same cooperative. A processor may associate with more than one cooperative and any QS held by the processor would be divided between the associated cooperatives in the same proportion as the CQ derived from the LLP licenses. (xii) Which members may catch the PCTC Program cooperative's CQ? Use of a cooperative's CQ is determined by the cooperative contract signed by its members. Any violations of this contract by a cooperative member may be subject to civil claims by other members of the cooperative. (xiii) Does a PCTC Program cooperative need a membership agreement or contract? Yes, a cooperative must have a membership agreement or contract. A copy of this agreement or contract must be submitted to NMFS with the application for CQ. The membership agreement or contract must specify: (A) How the cooperative intends to harvest its CQ; and (B) The obligations of QS holders, who are members of a cooperative, to ensure the full payment of fee liabilities that may be due. (xiv) What happens if the PCTC Program cooperative membership agreement or contract is modified during the fishing year? A copy of the amended membership agreement or contract must be sent to NMFS in accordance with § 679.131. (xv) What happens if the cooperative exceeds its CQ amount? A cooperative is not authorized to catch Pacific cod or use halibut or crab PSC limits in excess of the amount on its CQ permit. Exceeding a CQ permit is a violation of the regulations. (xvi) Is there a limit on how much CQ a PCTC Program cooperative may hold? No, but each QS holder is subject to ownership caps, and a vessel may be subject to vessel use caps. See § 679.133. (xvii) Is there a limit on how much Pacific cod a vessel may catch? Yes, generally a vessel may not catch more than 5 percent of the Pacific cod assigned to the PCTC Program for that calendar year. See § 679.133 for use cap provisions. (xviii) Are there any special reporting requirements? The designated representative of the cooperative may submit an annual PCTC Program cooperative report to the North Pacific Fishery Management Council. (xix) Is there a requirement that a PCTC Program cooperative pay PCTC Program cost recovery fees? Yes, see § 679.135 for the provisions that apply. PCTC Program cooperatives are responsible for paying cost recovery fees. (xx) Is there any restriction on deliveries of CQ? Sometimes, if the AI CQ set-aside is in effect for the fishing year as specified at § 679.132. Cooperatives must establish, through an inter-cooperative agreement, how 12 percent of the BSAI A season CQ will be set aside for delivery to an Aleutian Islands shoreplant. (4) Successors-in-interest. § 679.132 Aleutian Islands CQ set-aside provisions in the PCTC Program. (a) Aleutian Islands CQ set-aside provisions in the PCTC Program Calculation of the Aleutian Islands Pacific cod non-CDQ ICA and DFA. (2) Aleutian Islands Pacific cod non-CDQ ICA. (3) Aleutian Islands Pacific cod non-CDQ DFA. (4) Calculation of the Aleutian Islands CQ set-aside. (i) When the AI DFA exceeds 12 percent of A season CQ, the AI set-aside is 12 percent of the PCTC Program A season CQ and is in effect during the A and B seasons. (ii) If the AI non-CDQ DFA is below 12 percent of the PCTC Program A season CQ, then the AI set-aside will be set equal to the AI non-CDQ DFA and is in effect during the A and B seasons. When the AI set-aside is in effect and set equal to the AI non-CDQ DFA, directed fishing for Pacific cod in the AI may only be conducted by PCTC Program vessels that deliver their catch of AI Pacific cod to an Aleutian Islands shoreplant. After June 10, the Regional Administrator may open directed fishing for AI non-CDQ Pacific cod for other sectors. (b) Annual notice of intent to process Aleutian Islands Pacific cod Submission of notice. (2) Submission method and deadline. (3) Contents of notice. (i) Date of submission, (ii) Name of city, (iii) Statement of intent to process PCTC Program Pacific cod, (iv) Identification of the fishing year during which the city intends to process PCTC Program Pacific cod, (v) Contact information for the representative of the city, and (vi) Documentation of authority to represent the City of Adak or the City of Atka. (4) NMFS confirmation and notice. Federal Register (5) AI CQ set-aside PCTC Program cooperative provisions. (i) The PCTC Program cooperative(s) are required to set-aside an amount of CQ calculated by the Regional Administrator pursuant to (a)(4) of this section for delivery to an Aleutian Islands shoreplant as defined at § 679.2. (ii) All cooperatives must enter into an inter-cooperative agreement that describes how the AI set-aside will be administered by the cooperatives to ensure that the PCTC Program harvests from the BS do not exceed the minimum set-aside. This inter-cooperative agreement must establish how the cooperatives intend to harvest the AI set-aside when it applies. This inter-cooperative agreement must be provided as part of the annual PCTC Program cooperative application as specified at § 679.131(a)(4) and is required before NMFS can issue CQ. (iii) The inter-cooperative agreement must establish how cooperatives would ensure that trawl catcher vessels less than 60 ft (18.3 m) LOA assigned to an LLP license with a transferable AI trawl endorsement have the opportunity to harvest 10 percent of the AI set-aside for delivery to an Aleutian Islands shoreplant. (c) PCTC Program A season CQ set-aside limitations. (2) PCTC Program cooperatives may not deliver more than the PCTC A season CQ minus the AI set-aside established under this section to processors in the BS subarea when the AI CQ set-aside is in effect. (3) The City of Adak or the City of Atka may withdraw their annual notice of intent to process prior to the end of B season. (4) The Regional Administrator may remove the delivery requirement for some or all of the projected unused AI CQ set-aside if the Regional Administrator determines that the Aleutian Islands shoreplants will not process the entire AI CQ set-aside. (5) In the event all notices of intent to process are withdrawn, the Regional Administrator will remove the delivery requirement for CQ that was set-aside for that calendar year. (6) To remove the AI CQ set-aside delivery requirement for that calendar year, the Regional Administrator will publish a document in the Federal Register § 679.133 PCTC Program ownership caps, use caps, and sideboard limits. (a) Ownership and use caps General. (ii) Use caps do not apply to halibut or crab PSC CQ. (iii) Ownership and use caps may not be exceeded except as provided under paragraph (a)(6) of this section. (iv) All QS ownership caps are a percentage of the initial PCTC Program QS pool established by NMFS at § 679.130(e). (v) The CQ processing use cap is a percentage of the total amount of CQ issued to cooperatives during a calendar year. (vi) The vessel use cap is a percentage of the amount of CQ assigned to the PCTC Program during a calendar year. (2) Harvester PCTC Program QS ownership cap. (3) Vessel use cap. (4) Processor ownership cap. (5) Processing use cap. (6) Cap exemptions. (ii) A person may receive an initial allocation of PCTC Program QS in excess of the processor ownership cap. This exemption is non-transferable. (iii) A vessel designated on an LLP license that received an initial allocation of PCTC Program QS in excess of the harvester ownership cap may harvest CQ in excess of the vessel use cap up to the amount of CQ resulting from QS assigned to the LLP license. This exemption is non-transferable. (iv) Processor use cap exemptions. (7) Transfer limitations. (b) Sideboard limits—general. (1) Sideboard limit restrictions for LLP licenses authorizing AFA non-exempt catcher vessels. (2) At-Sea Processing Sideboard Limit. § 679.134 PCTC Program permits, catch monitoring, catch accounting, and recordkeeping and reporting. (a) Permits. (b) Catch monitoring requirements for PCTC Program catcher vessels. (c) Catch monitoring requirements for motherships receiving unsorted codends from a PCTC Program catcher vessel Catch weighing. (2) Additional catch monitoring requirements. (d) Catch monitoring requirements for shoreside processors. (e) Catch accounting Pacific cod. (2) PCTC Program halibut and crab PSC. (3) Groundfish sideboard limits. (f) Recordkeeping and reporting. (1) Logbook DFL. (ii) ELB. (2) eLandings. (3) Production reports. (4) Product transfer report (PTR), processors. (5) Vessel monitoring system (VMS) requirements. (6) PCTC Program cost recovery fee submission (7) Pacific cod Ex-vessel Volume and Value Report. [88 FR 53735, Aug. 8, 2023; 88 FR 57009, Aug. 22, 2023, as amended at 90 FR 23466, June 3, 2025] § 679.135 PCTC Program cost recovery. (a) Cost recovery fees Responsibility. (i) Subsequent transfer of CQ or QS held by PCTC Program cooperative members does not affect the cooperative's liability for noncompliance with this section. (ii) Non-renewal of a CQ permit does not affect the cooperative's liability for noncompliance with this section. (iii) Changes in the membership in a PCTC Program cooperative, such as members joining or departing during the relevant year, or changes in the amount of QS holdings of those members does not affect the cooperative's liability for noncompliance with this section. (2) Fee collection. (3) Payment. (ii) Make electronic payment payable to NMFS. (iii) Submit payment and related documents as instructed on the NMFS Alaska Region website as defined at § 679.2. (iv) Payment must be made electronically in U.S. dollars using an approved payment method available on the payment website. (b) Pacific cod standard ex-vessel value determination and use. (c) PCTC Program fee percentage Fee percentage. Federal Register. (2) Calculating fee percentage value. (i) NMFS must use the following factors to determine the fee percentage: (A) The CQ landings to which the PCTC Program cost recovery fee will apply; (B) The ex-vessel value of the CQ landings; and (C) The costs directly related to the management, data collection, and enforcement of the PCTC Program. (ii) NMFS must use the following equation to determine the fee percentage: 100 × DPC/V Where: DPC = the direct program costs for the PCTC Program with any adjustments to the account from payments received in the previous year. V = total value, which is the standard ex-vessel price multiplied by the CQ landings subject to the PCTC cost recovery fee liability. (iii) The calculated fee percentage is applied to the CQ landings made in the current year using the standard ex-vessel price from the previous year. (3) Applicable fee percentage. (4) Fee liability determination for a cooperative. (ii) The PCTC Program fee liability assessed to a PCTC Program cooperative is based on the proportion of the standard ex-vessel value of Pacific cod debited from the cooperative's CQ relative to all cooperatives during a calendar year as determined by NMFS. (iii) NMFS will provide a fee liability summary letter to all cooperatives by no later than August 1 of each year. The summary will explain the fee liability determination including the current fee percentage and details of CQ landings debited from CQ allocations by permit, species, date, and prices. (d) Underpayment of fee liability. (2) If a cooperative fails to submit full payment for PCTC Program cost recovery fee liability by the date described in paragraph (a)(3) of this section: (i) At any time thereafter the Regional Administrator may send an IAD to the cooperative stating the amount of the cooperative's estimated fee liability that is past due and requesting payment. If payment is not received by the 30th day after the date on the IAD, the agency may pursue collection of the unpaid fees. (ii) The Regional Administrator may disapprove any application to transfer CQ to or from the cooperative in accordance with § 679.130. (iii) No CQ permit will be issued to that cooperative for that following calendar year and the Regional Administrator may continue to prohibit issuance of a CQ permit for any subsequent calendar years until NMFS receives the unpaid fees. (iv) No CQ will be issued based on the QS held by the members of that PCTC Program cooperative to any other CQ permit for any subsequent calendar years until NMFS receives the unpaid fees. (e) Over payment. (f) Appeals. (g) Annual report. [88 FR 53735, Aug. 8, 2023, as amended at 90 FR 23466, June 3, 2025] Appendix A to Part 679—Performance and Technical Requirements for Scales Used To Weigh Catch at Sea in the Groundfish Fisheries Off Alaska Table of Contents 1. Introduction 2. Belt Scales 2.1 Applicability 2.2 Performance Requirements 2.2.1 Maximum Permissible Errors 2.2.1.1 Laboratory Tests 2.2.1.2 Zero Load Tests 2.2.1.3 Material Tests 2.2.2 Minimum Flow Rate (Σmin) 2.2.3 Minimum Totalized Load (Σmin) 2.2.4 Influence Quantities 2.2.4.1 Temperature 2.2.4.2 Power Supply 2.3 Technical Requirements 2.3.1 Indicators and Printers 2.3.1.1 General 2.3.1.2 Values Defined 2.3.1.3 Units 2.3.1.4 Value of the Scale Division 2.3.1.5 Range of Indication 2.3.1.6 Resettable and Non-resettable Values 2.3.1.7 Rate of Flow Indicator 2.3.1.8 Printed Information 2.3.1.9 Permanence of Markings 2.3.1.10 Power Loss 2.3.1.11 Adjustable Components 2.3.1.12 Audit Trail 2.3.1.13 Adjustments to Scale Weights 2.3.2 Weighing Elements 2.3.2.1 Speed Measurement 2.3.2.2 Conveyer Belt 2.3.2.3 Overload Protection 2.3.2.4 Speed Control 2.3.2.5 Adjustable Components 2.3.2.6 Motion Compensation 2.3.3 Installation Conditions 2.3.4 Marking 2.3.4.1 Presentation 2.4 Tests 2.4.1 Minimum Test Load 2.4.2 Laboratory Tests 2.4.2.1 Influence Quantity and Disturbance Tests 2.4.2.2 Zero-Load Tests 2.4.2.3 Material Tests 2.4.3 Annual Scale Inspections 2.4.3.1 Zero-Load Tests 2.4.3.2 Material Tests 3. Automatic Hopper Scales 3.1 Applicability 3.2 Performance Requirements 3.2.1 Maximum Permissible Errors 3.2.1.1 Laboratory Tests 3.2.1.2 Increasing and Decreasing Load Tests 3.2.2 Minimum Weighment (Σmin) 3.2.3 Minimum Totalized Load (Lot) 3.2.4 Influence Quantities 3.2.4.1 Temperature 3.2.4.1.1 Operating Temperature 3.2.4.2 Power Supply 3.3 Technical Requirements 3.3.1 Indicators and Printers 3.3.1.1 General 3.3.1.2 Values Defined 3.3.1.3 Units 3.3.1.4 Value of the Scale Division 3.3.1.5 Weighing Sequence 3.3.1.6 Printing Sequence 3.3.1.7 Printed Information 3.3.1.8 Permanence of Markings 3.3.1.9 Range of Indication 3.3.1.10 Non-resettable Values 3.3.1.11 Power Loss 3.3.1.12 Adjustable Components 3.3.1.13 Audit Trail 3.3.1.14 Zero-Load Adjustment 3.3.1.14.1 Manual 3.3.1.14.2 Semi-automatic 3.3.1.15 Damping Means 3.3.1.16 Adjustments to Scale Weights 3.3.2 Interlocks and Gate Control 3.3.3 Overfill Sensor 3.3.4 Weighing Elements 3.3.4.1 Overload Protection 3.3.4.2 Adjustable Components 3.3.4.3 Motion Compensation 3.3.5 Installation Conditions 3.3.6 Marking 3.3.6.1 Presentation 3.4 Tests 3.4.1 Standards 3.4.2 Laboratory Tests 3.4.2.1 Influence Quantity and Disturbance Tests 3.4.2.2 Performance Tests 3.4.3 Annual Scale Inspections 4. Platform Scales and Hanging Scales 4.1 Applicability 4.2 Performance Requirements 4.2.1 Maximum Permissible Errors 4.2.1.1 Laboratory Tests 4.2.1.2 Increasing and Decreasing Load and Shift Tests 4.2.2 Accuracy Classes 4.2.3 Minimum Load 4.2.4 Influence Quantities 4.2.4.1 Temperature 4.2.4.1.1 Operating Temperature 4.2.4.2 Power Supply 4.3 Technical Requirements 4.3.1 Indicators and Printers 4.3.1.1 General 4.3.1.2 Values Defined 4.3.1.3 Units 4.3.1.4 Value of the Scale Division 4.3.1.5 Printed Information 4.3.1.6 Permanence of Markings 4.3.1.7 Power Loss 4.3.1.8 Adjustable Components 4.3.1.9 Zero-Load Adjustment 4.3.1.9.1 Manual 4.3.1.9.2 Semi-automatic 4.3.1.10 Damping Means 4.3.2 Weighing Elements 4.3.2.1 Overload Protection 4.3.2.2 Adjustable Components 4.3.2.3 Motion Compensation 4.3.3 Installation Conditions 4.3.4 Marking 4.3.4.1 Presentation 4.4 Tests 4.4.1 Standards 4.4.2 Laboratory Tests 4.4.2.1 Influence Quantities and Disturbance Tests 4.4.2.2 Performance Tests 4.4.3 Annual Scale Inspections 5. Definitions Annex A of Appendix A to Part 679—Influence Quantity and Disturbance Tests A.1 General A.2 Test considerations A.3 Tests A.3.1 Static Temperatures A.3.2 Damp Heat, Steady State A.3.3 Power Voltage Variation A.3.4 Short Time Power Reduction A.3.5 Bursts A.3.6 Electrostatic Discharge A.3.7 Electromagnetic Susceptibility A.4 Bibliography 1. Introduction (a) This appendix to part 679 contains the performance and technical requirements for scales to be approved by NMFS for use to weigh, at sea, catch from the groundfish fisheries off Alaska. The performance and technical requirements in this document have not been reviewed or endorsed by the National Conference on Weights and Measures. Regulations implementing the requirements of this appendix and additional requirements for and with respect to scales used to weigh catch at sea are found at 50 CFR 679.28(b). (b) Revisions, amendments, or additions to this appendix may be made after notice and opportunity for public comments. Send requests for revisions, amendments, or additions to the Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802. (c) Types of Scales Covered by Appendix (d) Testing and Approval of Scales Used to Weigh Catch at Sea 2. Belt Scales 2.1 Applicability. 2.2 Performance Requirements Maximum Permissible Errors. 2.2.1.1 Laboratory Tests. a. Disturbances. b. Influence Factors. c. Temperature Effect at Zero Flow Rate. 2.2.1.2 Zero Load Tests. 2.2.1.3 Material Tests. 2.2.2 Minimum Flow Rate (Qmin). 2.2.3 Minimum Totalized Load a. Two percent of the load totalized in 1 hour at the maximum flow rate; b. The load obtained at the maximum flow rate in 1 revolution of the belt; or c. A load equal to 800 scale divisions (d). 2.2.4 Influence Quantities. 2.2.4.1 Temperature. 2.2.4.2 Power Supply. 2.3.1 Technical Requirements. 2.3.1 Indicators and Printers. 2.3.1.1 General. 2.3.1.2 Values Defined. 2.3.1.3 Units. 2.3.1.4 Value of the Scale Division. 2.3.1.5 Range of Indication. 2.3.1.6 Resettable and Non-resettable Values. 2.3.1.7 Rate of Flow Indicator. 2.3.1.8 Printed Information. a. For catch weight: i. The vessel name; ii. The Federal fisheries or processor permit number of the vessel; iii. The haul or set number; iv. The total weight of catch in each haul or set; v. The total cumulative weight of all fish or other material weighed on the scale; and vi. The date and time the information is printed. b. For the audit trail: i. The vessel name; ii. The Federal fisheries or processor permit number of the vessel; iii. The date and time (to the nearest minute) that the adjustment was made; iv. The name or type of adjustment being made; and v. The initial and final values of the parameter being changed. 2.3.1.9 Permanence of Markings. 2.3.1.10 Power Loss. 2.3.1.11 Adjustable Components. 2.3.1.12 Audit Trail. a. The date and time (to the nearest minute) of the change; b. The name or type of adjustment being made; and c. The initial and final values of the parameter being changed. 2.3.1.13 Adjustments to Scale Weights. 2.3.2 Weighing Elements. 2.3.2.1 Speed Measurement. 2.3.2.2 Conveyer Belt. 2.3.2.3 Overload Protection. 2.3.2.4 Speed Control. 2.3.2.5 Adjustable Components. 2.3.2.6 Motion Compensation. 2.3.3 Installation Conditions. 2.3.4 Marking. a. Name, initials, or trademark of the manufacturer or distributer; b. Model designation; c. Non-repetitive serial number; d. Maximum flow rate (Qmax); e. Minimum flow rate (Qmin); f. Minimum totalized load (Σmin); g. Value of a scale division (d); h. Belt speed; i. Weigh length; j. Maximum capacity (Max); k. Temperature range (if applicable); and l. Mains voltage. 2.3.4.1 Presentation. 2.4 Tests. 2.4.1 Minimum Test Load. a. 2 percent of the load totalized in 1 hour at the maximum flow rate; b. The load obtained at maximum flow rate in one revolution of the belt; or c. A load equal to 800 scale divisions. 2.4.2 Laboratory Tests. 2.4.2.1 Influence Quantity and Disturbance Tests. 2.4.2.2 Zero-Load Tests. 2.4.2.3 Material Tests. 2.4.3 Annual Inspections. 2.4.3.1 Zero-Load Tests. 2.4.3.2 Material Tests. 3. Automatic Hopper Scales 3.1 Applicability. 3.2 Performance Requirements. 3.2.1 Maximum Permissible Errors. 3.2.1.1 Laboratory Tests. a. Disturbances. b. Influence Factors. 3.2.1.2 Increasing and Decreasing Load Tests. 3.2.2 Minimum Weighment 3.2.3 Minimum Totalized Load (Lot). 3.2.4 Influence Quantities. 3.2.4.1 Temperature. 3.2.4.1.1 Operating Temperature. 3.2.4.2 Power Supply. 3.3 Technical Requirements. 3.3.1 Indicators and Printers. 3.3.1.1 General. b. A no-load reference value may be a positive or negative value in terms of scale divisions or zero. When the no-load reference value is zero, the scale must return to a zero indication (within ±0.5 scale division) when the load receptor (hopper) is empty following the discharge of all loads, without the intervention of either automatic or manual means. 3.3.1.2 Values Defined. 3.3.1.3 Units. 3.3.1.4 Value of the Scale Division. 3.3.1.5 Weighing Sequence. 3.3.1.6 Printing Sequence. 3.3.1.7 Printed Information. a. For catch weight: i. The vessel name; ii. The Federal fisheries or processor permit number of the vessel; iii. The haul or set number; iv. The total weight of catch in each haul or set; v. The total cumulative weight of all fish or other material weighed on the scale; and vi. The date and time the information is printed. b. For the audit trail: i. The vessel name; ii. The Federal fisheries or processor permit number of the vessel; iii. The date and time (to the nearest minute) of the change; iv. The name or type of adjustment being made; and v. The initial and final values of the parameter being changed. 3.3.1.8 Permanence of Markings. 3.3.1.9 Range of Indication. 3.3.1.10 Non-Resettable Values. 3.3.1.11 Power Loss. 3.3.1.12 Adjustable Components. 3.3.1.13 Audit Trail. a. The date and time (to the nearest minute) of the change; b. The name or type of adjustment being made; and c. The initial and final values of the parameter being changed. 3.3.1.14 Zero-Load Adjustment. 3.3.1.14.1 Manual. 3.3.1.14.2 Semi-Automatic. 3.3.1.15 Damping Means. 3.3.1.16 Adjustments to Scale Weights. 3.3.2 Interlocks and Gate Control. a. Product cannot be weighed if the printer is disconnected or subject to a power loss; b. The printer cannot print a weight if either of the gates leading to or from the weigh hopper is open; c. The low paper sensor of the printer is activated; d. The system will operate only in the sequence intended; and e. If the overfill sensor is activated, this condition is indicated to the operator and is printed. 3.3.3 Overfill Sensor. 3.3.4 Weighing Elements. 3.3.4.1 Overload Protection. 3.3.4.2 Adjustable Components. 3.3.4.3 Motion Compensation. 3.3.5 Installation Conditions. 3.3.6 Marking. a. Name, initials, or trademark of the manufacturer or distributer; b. Model designation; c. Non-repetitive serial number; d. Maximum capacity (Max); e. Minimum capacity (min); f. Minimum totalized load (Σmin); g. Minimum weighment; h. Value of the scale division (d); i. Temperature range (if applicable); and j. Mains voltage. 3.3.6.1 Presentation. 3.4 Tests. 3.4.1 Standards. 3.4.2 Laboratory Tests. 3.4.2.1 Influence Quantity and Disturbance Tests. 3.4.2.2 Performance Tests. a. Increasing load test. b. Decreasing load test. 3.4.3 Annual Inspections. At least two increasing load tests and two decreasing load tests must be conducted as specified in 3.4.2.2. Additionally, tests must be conducted with test loads approximately equal to the weight of loads at which the scale is normally used. 4. Platform Scales and Hanging Scales 4.1 Applicability. 4.2 Performance Requirements. 4.2.1 Maximum Permissible Errors. 4.2.1.1 Laboratory Tests. a. Disturbances. b. Influence Factors. 4.2.1.2 Increasing and Decreasing Load and Shift Tests. Table 1—Influence Factors Test load in scale divisions (d) Maximum permissible error (d) Class III 1 Class IIII 0 <m 2 0 <m ≤50 0.5 500 <m ≤2000 50 <m ≤200 1.0 2000 <m 200 <m 1.5 1 2 4.2.2 Accuracy Classes. Table 2—Accuracy Classes Accuracy class Value of scale division (d) Number of scale divisions (n) Minimum Maximum III 5 g or greater 500 10,000 IIII 5 g or greater 100 1,000 4.2.3 Minimum Load: 4.2.4 Influence Quantities. 4.2.4.1 Temperature. 4.2.4.1.1 Operating Temperature. 4.2.4.2 Power Supply. 4.3 Technical Requirements. 4.3.1 Indicators and Printers. 4.3.1.1 General. 4.3.1.2 Values Defined. 4.3.1.3 Units. 4.3.1.4 Value of the Scale Division. 4.3.1.5 Printed Information. a. For catch weight: i. The vessel name; ii. The Federal fisheries or processor permit number of the vessel; iii. The haul or set number; iv. Net weight of the fish. b. For the audit trail: i. The vessel name; ii. The Federal fisheries or processor permit number of the vessel; iii. The date and time (to the nearest minute) of the change; iv. The name or type of adjustment being made; and v. The initial and final values of the parameter being changed. 4.3.1.6 Permanence of Markings. 4.3.1.7 Power Loss. 4.3.1.8 Adjustable Components. a. An adjustable component that, when adjusted, affects the performance or accuracy of the scale must be held securely in position and must not be capable of adjustment without breaking a security means. b. An audit trail in the form of an event logger must be provided to document changes made using adjustable components. The following information must be provided in an electronic form that cannot be changed or erased by the scale operator, can be printed at any time, and can be cleared by the scale manufacturer's representative upon direction of NMFS or an authorized scale inspector: i. The date and time (to the nearest minute) of the change; ii. The name or type of adjustment being made; and iii. The initial and final values of the parameter being changed. 4.3.1.9 Zero-Load Adjustment. 4.3.1.9.1 Manual. 4.3.1.9.2 Semi-automatic. 4.3.1.10 Damping Means. 4.3.2 Weighing Elements. 4.3.2.1 Overload Protection. 4.3.2.2 Adjustable Components. 4.3.2.3 Motion Compensation. 4.3.3 Installation Conditions. 4.3.4 Marking. a. Name, initials, or trademark of the manufacturer or distributor; b. Model designation; c. Non-repetitive serial number; d. Accuracy class (III or IIII); e. Maximum capacity (Max); f. Minimum capacity (min); g. Value of a scale division (d); h. Temperature range (if applicable); and i. Mains voltage. 4.3.4.1 Presentation. 4.4 Tests. 4.4.1 Standards. 4.4.2 Laboratory Tests. 4.4.2.1 Influence Quantities and Disturbance Tests. 4.4.2.2 Performance Tests. a. Increasing load test. b. Shift test (platform scales only). c. Decreasing load test. 4.4.3 Annual Scale Inspections. At least two increasing load tests, shift tests, and decreasing load tests must be conducted as specified in section 4.4.2.2. Additionally tests must be conducted with test loads approximately equal to the weight of loads at which the scale is normally used. The results of all tests must be as specified in Table 1 in section 4.2.1.2. 5. Definitions Adjustable component Audit trail Automatic hopper scale Belt scale Calibration mode Disturbances Event logger Final weighment Hanging scale Hopper scale— Indicator— Influence factor— Influence quantity— Influence quantity and disturbance tests— Initial verification— Known weight test— Load receiver— Material test— Maximum flow-rate— Minimum flow-rate— Minimum load— Minimum totalized load— Minimum weighment— Motion compensation— No-load reference value— Non-repeatable weighment— Number of scale divisions (n)— Performance requirements— Performance test— Periodic verification— Platform scale— Rated capacity— Scale division (d)— Sealing— Security seals or means Significant fault— Simulated material test— Simulated test— Stationary installation— Subsequent verification— Suitability for use— Technical requirements— Testing laboratory— Type evaluation— User requirements— Weighment Annex A of Appendix A to Part 679—Influence Quantity and Disturbance Tests A.1 General A.2 Test Considerations A.2.1 All electronic scales of the same category must be subjected to the same performance test program. A.2.2 Tests must be carried out on fully operational equipment in its normal operational state. When equipment is connected in other than a normal configuration, the procedure must be mutually agreed to by NMFS and the applicant. A.2.3 When the effect of one factor is being evaluated, all other factors must be held relatively constant, at a value close to normal. The temperature is deemed to be relatively constant when the difference between the extreme temperatures noted during the test does not exceed 5 °C and the variation over time does not exceed 5 °C per hour. A.2.4 Before the start of a test, the equipment under test (EUT) must be energized for a period of time at least equal to the warm-up time specified by the manufacturer. The EUT must remain energized throughout the duration of the test. A.3 Tests Test Characteristics under test Conditions applied A.3.1 Static temperatures Influence factor MPE A.3.2 Damp heat, steady state Influence factor MPE A.3.3 Power voltage variation Influence factor MPE A.3.4 Short time power reduction Disturbance sf A.3.5 Bursts Disturbance sf A.3.6 Electrostatic discharge Disturbance sf A.3.7 Electromagnetic susceptibility Disturbance sf A.3 Tests A.3.1 Static Temperatures Test method: Object of the test: Reference to standard: Test procedure in brief: For belt scales min For platform, hanging, and automatic hopper scales a. At a reference temperature of 20 °C following conditioning. b. At the specified high temperature, 2 hours after achieving temperature stabilization. c. At the specified low temperature, 2 hours after achieving temperature stabilization. d. At a temperature of 5 °C, 2 hours after achieving temperature stabilization. e. After recovery of the EUT at the reference temperature of 20 °C. Test severities: Number of test cycles: Maximum allowable variations: a. All functions must operate as designed. b. All indications must be within the applicable MPEs. Conduct of test: Supplementary information to the IEC test procedures. Preconditioning: Condition of EUT: Test Sequence: a. Stabilize the EUT in the chamber at a reference temperature of 20 °C. Conduct the tests as specified in the test procedure in brief and record the following data: i. Date and time, ii. Temperature, iii. Relative humidity, iv. Test load, v. Indication, vi. Errors, and vii. Functions performance. b. Increase the temperature in the chamber to the high temperature specified. Check by measurement that the EUT has reached temperature stability and maintain the temperature for 2 hours. Following the 2 hours, repeat the tests and record the test data indicated in this A.3.1 Test Sequence section. c. Reduce the temperature in the chamber as per the IEC procedures to the specified low temperature. After temperature stabilization, allow the EUT to soak for 2 hours. Following the 2 hours, repeat the tests and record the test data as indicated in this A.3.1 Test Sequence section. d. Raise the temperature in the chamber as per the IEC procedures to 5 °C. After temperature stabilization, allow the EUT to soak for 2 hours. Following the 2 hours, repeat the tests and record the test data as indicated in this A.3.1 Test Sequence section. Note: This test relates to a −10 °C to + 40 °C range. For special ranges, it may not be necessary. e. Raise the temperature in the chamber as per the IEC procedures and to the 20 °C reference temperature. After recovery, repeat the tests and record the test data as indicated in this A.3.1 Test Sequence section. A.3.2 Damp Heat, Steady State Test method: Object of the test: Reference to standard: Test procedure in brief: For belt scales min For platform, hanging, and automatic hopper scales Test severities: Temperature: upper limit. Humidity: 85 percent (non-condensing). Duration: 2 days. Number of test cycles: Maximum Allowable Variations: a. All functions must operate as designed. b. All indications must be within the applicable MPE. Conduct of the test: Supplementary information to the IEC test procedures. Preconditioning: Condition of EUT: a. Normal power supplied and “on” for a time period equal to or greater than the warm-up time specified by the manufacturer. Power is to be “on” for the duration of the test. b. The handling of the EUT must be such that no condensation of water occurs on the EUT. c. Adjust the EUT as close to a zero indication as practicable prior to the test. Test Sequence: a. Allow 3 hours for stabilization of the EUT at a reference temperature of 20 °C and a relative humidity of 50 percent. Following stabilization, conduct the tests as specified in the test procedures in brief and record the following data: i. Date and time, ii. Temperature, iii. Relative humidity, iv. Test load, v. Indication, vi. Errors, and vii. Functions performance. b. Increase the temperature in the chamber to the specified high temperature and a relative humidity of 85 percent. Maintain the EUT at no load for a period of 2 days. Following the 2 days, repeat the tests and record the test data as indicated in this A.3.2 Test Sequence section. c. Allow full recovery of the EUT before any other tests are performed. A.3.3 Power Voltage Variation A.3.3.1 AC Power Supply Test method: Object of the test: Reference to standard: Test procedure in brief: For belt scales min For platform, hanging, and automatic hopper scales Test severities: Upper limit U (nom) + 10 percent. Lower limit U (nom) −15 percent. Number of test cycles: Maximum allowable variations: a. All functions must operate correctly. b. All indications must be within MPEs specified in sections 2, 3, or 4 of this appendix to part 679. Conduct of the test: Preconditioning: Test equipment: a. Variable power source, b. Calibrated voltmeter, and c. Load cell simulator, if applicable. Condition of EUT: a. Normal power supplied and “on” for a time period equal to or greater than the warm-up time specified by the manufacturer. b. Adjust the EUT as close to a zero indication as practicable prior to the test. Test sequence: a. Stabilize the power supply at nominal voltage ±2 percent. b. Conduct the tests specified in the test procedure in brief and record the following data: i. Date and time, ii. Temperature, iii. Relative humidity, iv. Power supply voltage, v. Test load, vi. Indications, vii. Errors, and viii. Functions performance. c. Reduce the power supply to −15 percent nominal. d. Repeat the test and record the test data as indicated in this A.3.3 Test Sequence section. e. Increase the power supply to + 10 percent nominal. f. Repeat the test and record the test data as indicated in this A.3.3 Test Sequence section. g. Unload the EUT and decrease the power supply to nominal power ±2 percent. h. Repeat the test and record the test data as indicated in this A.3.3 Test Sequence section. Note: In case of three-phase power supply, the voltage variation must apply for each phase successively. Frequency variation applies to all phases simultaneously. A.3.3.2 DC Power Supply Under consideration. A.3.4 Short Time Power Reduction Test method: Object of the test: Reference to standard: Test procedure in brief: For belt scales min For platform, hanging, and automatic hopper scales Test severities: Number of test cycles: Maximum allowable variations: Conduct of the Test: Preconditioning: Test equipment: a. A test generator suitable to reduce the amplitude of the AC voltage from the mains. The test generator must be adjusted before connecting the EUT. b. Load cell simulator, if applicable. Condition of EUT: a. Normal power supplied and “on” for a time period equal to or greater than the warm-up time specified by the manufacturer. b. Adjust the EUT as close to zero indication as practicable prior to the test. Test sequence: a. Stabilize all factors at nominal reference conditions. b. Totalize as indicated in this A.3.4 Test Sequence section and record the— i. Date and time, ii. Temperature, iii. Relative humidity, iv. Power supply voltage, v. Test load, vi. Indications, vii. Errors, and viii. Functions performance. c. Interrupt the power supply to zero voltage for a period equal to 8-10 ms. During interruption observe the effect on the EUT and record, as appropriate. d. Repeat the steps four times in this A.3.4 Test Sequence section, making sure that there is a 10 second interval between repetitions. Observe the effect on the EUT. e. Reduce the power supply to 50 percent of nominal voltage for a period equal to 16-20 ms. During reduction observe the effect on the EUT and record, as appropriate. f. Repeat the steps four times in this A.3.4 Test Sequence section, making sure that there is a 10 second interval between repetitions. Observe the effect on the EUT. A.3.5 Bursts Test method: Object of the test: Reference to standard: Test Procedure in brief: The test consists of subjecting the EUT to bursts of double exponential wave-form transient voltages. Each spike must have a rise in time of 5 ns and a half amplitude duration of 50 ns. The burst length must be 15 ms, the burst period (repetition time interval) must be 300 ms. This test is conducted during a weighing operation consisting of the following: For belt scales— min For platform, hanging, and automatic hopper scales— Test severities: Number of test cycles: Maximum allowable variations: Conduct of the test: Supplementary information to the IEC test procedures: Test equipment: A burst generator having an output impedance of 50 ohms. Test conditions: The burst generator must be adjusted before connecting the EUT. The bursts must be coupled to the EUT both on common mode and differential mode interference. Condition of EUT: a. Normal power supplied and “on” for a time period equal to or greater than the warm-up time specified by the manufacturer. b. Adjust the EUT as close to a zero indication as practicable prior to the test. Test Sequence: a. Stabilize all factors at nominal reference conditions. b. Conduct the test as indicated in this A.3.5 Test Sequence section and record the— i. Date and time, ii. Temperature, iii. Relative humidity, iv. Test load, v. Indication, vi. Errors, and vii. Functions performance. c. Subject the EUT to at least 10 positive and 10 negative randomly phased bursts at the 1000 V mode. Observe the effect on the EUT and record, as appropriate. d. Stabilize all factors at nominal reference conditions. e. Repeat the test and record the test data as indicated in this A.3.5 Test Sequence section. A.3.6 Electrostatic Discharge Test method: Object of the test: Reference to standard: Test procedure in brief: A capacitor of 150 pF is charged by a suitable DC voltage source. The capacitor is then discharged through the EUT by connecting one terminal to ground (chassis) and the other via 150 ohms to surfaces which are normally accessible to the operator. This test is conducted during a weighing operation consisting of the following: For belt scales— min For platform, hanging, and automatic hopper scales— Test severities Air Discharge: up to and including 8 kV. Contact Discharge: up to and including 6 kV. Number of test cycles: Maximum allowable variations: The difference between the indication due to the disturbance and the indication without the disturbance either must not exceed the values indicated in sections 2.2.1.1 b., 3.2.1.1 b., and 4.2.1.1 b. of this appendix, or the EUT must detect and act upon a significant fault. Conduct of the test: Supplementary information to the IEC test procedures. Preconditioning: Condition of EUT: a. The EUT without a ground terminal must be placed on a grounded plate which projects beyond the EUT by at least 0.1 m on all sides. The ground connection to the capacitor must be as short as possible. b. Normal power supplied and “on” for a time period equal to or greater than the warm-up time specified by the manufacturer. Power is to be “on” for the duration of the test. c. The EUT must be operating under standard atmospheric conditions for testing. d. Adjust the EUT as close to a zero indication as practicable prior to the test. Test sequence: a. Stabilize all factors at nominal reference conditions. b. Conduct test as indicated in this A.3.6 Test Sequence section and record the— i. Date and time, ii. Temperature, iii. Relative humidity, iv. Power supply voltage, v. Test load, vi. Indication, vii. Errors, and viii. Functions performance. c. Approach the EUT with the discharge electrode until discharge occurs and then remove it before the next discharge. Observe the effect of the discharge on the EUT and record, as appropriate. d. Repeat the above step at least nine times, making sure to wait at least 10 seconds between successive discharges. Observe the effect on the EUT and record as appropriate. e. Stabilize all factors at nominal reference conditions. f. Repeat the test and record the test data as indicated in this A.3.6 Test Sequence section. A.3.7 Electromagnetic Susceptibility Test method: Object of the Test: To verify compliance with the provisions in this manual under conditions of electromagnetic fields. Reference to standard: Test procedure in brief: a. The EUT is placed in an EMI chamber and tested under normal atmospheric conditions. This test is first conducted at one load in a static mode, and the frequencies at which susceptibility is evident are noted. Then tests are conducted at the problem frequencies, if any, during a weighing operation consisting of the following: For belt scales min For platform, hanging, and automatic hopper scales— b. The field strength can be generated in various ways: i. The strip line is used at low frequencies (below 30 MHz or in some cases 150 MHz) for small EUT's; ii. The long wire is used at low frequencies (below 30 MHz) for larger EUT's; iii. Dipole antennas or antennas with circular polarization placed 1 m from the EUT are used at high frequencies. c. Under exposure to electromagnetic fields the EUT is again tested as indicated above. Test severities: Field strength: Modulation: Number of test cycles: Maximum allowable variations: Conduct of the test: Supplementary information to the IEC test procedures. Test conditions: a. The specified field strength must be established prior to the actual testing (without the EUT in the field). At least 1 m of all external cables must be included in the exposure by stretching them horizontally from the EUT. b. The field strength must be generated in two orthogonal polarizations and the frequency range scanned slowly. If antennas with circular polarization, i.e., Condition of EUT: a. Normal power supplied and “on” for a time period equal to or greater than the warm-up time specified by the manufacturer. Power is to be “on” for the duration of the test. The EUT must be operating under standard atmospheric conditions for testing. b. Adjust the EUT as close to a zero indication as practicable prior to the test. Test sequence: a. Stabilize all factors at nominal reference conditions. b. Conduct the test as indicated in this A.3.7 Test Sequence section and record the— i. Date and time, ii. Temperature, iii. Relative humidity, iv. Test load, v. Indication, vi. Errors, and vii. Functions performance. c. Following the IEC test procedures, expose the EUT at zero load to the specified field strengths while slowly scanning the three indicated frequency ranges. d. Observe and record the effect on the EUT. e. Repeat the test and observe and record the effect. f. Stabilize all factors at nominal reference conditions. g. Repeat the test and record the test data. A.4 Bibliography Below are references to Publications of the International Electrotechnical Commission (IEC), where mention is made in the tests in annex A to appendix A of this part. a. IEC Publication 68-2-1 (1974): Basic environmental testing procedures. Part 2: Tests, Test Ad: Cold, for heat dissipating equipment under test (EUT), with gradual change of temperature. IEC Publication 68-2-2 (1974): Basic environmental testing procedures, Part 2: Tests, Test Bd: Dry heat, for heat dissipating equipment under test (EUT) with gradual change of temperature. IEC Publication 68-3-1 (1974): Background information, Section 1: Cold and dry heat tests. b. IEC Publication 68-2-56 (1988): Environmental testing, Part 2: Tests, Test Cb: Damp heat, steady state. Primarily for equipment. IEC Publication 68-2-28 (1980): Guidance for damp heat tests. c. IEC Publication 1000-4-11 (1994): Electromagnetic compatibility (EMC) Part 4: Testing and measurement techniques, Section 11. Voltage dips, short interruptions and voltage variations immunity tests. Section 5.2 (Test levels—Voltage variation). Section 8.2.2 (Execution of the test-voltage variation). d. IEC Publication 1000-4-11 (1994): Electromagnetic compatibility (EMC) Part 4: Testing and measurement techniques, Section 11: Voltage dips, short interruptions and voltage variations immunity tests. Section 5.1 (Test levels—Voltage dips and short interruptions. Section 8.2.1 (Execution of the test-voltage dips and short interruptions) of the maximum transit speed and the range of operating speeds. e. IEC Publication 1000-4-4 (1995): Electromagnetic compatibility (EMC) Part 4: Testing and measurement techniques—Section 4: Electrical fast transient/burst immunity test. Basic EMC publication. f. IEC Publication 1000-4-2 (1995): Electromagnetic compatibility (EMC) Part 4: Testing and measurement techniques—Section 2: Electrostatic discharge immunity test. Basic EMC Publication. g. IEC Publication 1000-4-3 (1995): Electromagnetic compatibility (EMC) Part 4: Testing and measurement techniques—Section 3: Radiated, radio-frequency electromagnetic field immunity test. [63 FR 5845, Feb. 4, 1998, as amended at 65 FR 33783, May 25, 2000] Figure 1 to Part 679—Bering Sea and Aleutian Islands Statistical and Reporting Areas b. Coordinates Code Description 300 Russian waters. 400 Chukchi Sea. 508 South of 58°00′ N between the intersection of 58°00′ N lat with the Alaska Peninsula and 160°00′ W long. 509 South of 58°00′ N lat between 163°00′ W long and 165°00′ W long. 512 South of 58°00′ N lat, north of the Alaska Peninsula between 160°00′ W long and 162°00′ W long. 513 Between 58°00′ N lat and 56°30′ N lat, and between 165°00′ W long and 170°00′ W long. 514 North of 58°00′ N to the southern boundary of the Chukchi Sea, area 400, and east of 170°00′ W long. 516 South of 58°00′ N lat, north of the Alaska Peninsula, and between 162°00′ and 163°00′ W long. 517 South of 56°30′ N lat, between 165°00′ W long and 170°00′ W long; and north of straight lines between 518 Bogoslof District: 519 South of a straight line between 54°30′ N lat, 167°00′ W long and 54°30′ N lat, 164°54′ W long; east of 167°00′ W long; west of Unimak Island; and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the order listed: 521 The area bounded by straight lines connecting the following coordinates in the order listed: 523 The area bounded by straight lines connecting the following coordinates in the order listed: 524 The area west of 170°00′ W bounded south by straight lines connecting the following coordinates in the order listed: 530 The area north of 55°00 N lat and west of 180°00 W long to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 541 Eastern Aleutian District. 542 Central Aleutian District. 543 Western Aleutian District. 550 Donut Hole. Note: [64 FR 61983, Nov. 15, 1999; 65 FR 25290, May 1, 2000] Figure 2 to Part 679—BSAI Catcher Vessel Operational Area [64 FR 61985, Nov. 15, 1999] Figure 3 to Part 679—Gulf of Alaska Reporting Areas b. Coordinates Code Description 610 Western GOA Regulatory Area, Shumagin District. 620 Central GOA Regulatory Area, Chirikof District. 630 Central GOA Regulatory Area, Kodiak District. 640 Eastern GOA Regulatory Area West Yakutat District. 649 Prince William Sound. 650 Eastern GOA Regulatory Area, Southeast Outside District. 659 Eastern GOA Regulatory Area, Southeast Inside District. 690 GOA Outside the U.S. EEZ. NOTE: A statistical area is the part of a reporting area contained in the EEZ. [64 FR 61987, Nov. 15, 1999; 65 FR 25291, May 1, 2000, as amended at 67 FR 4134, Jan. 28, 2002; 69 FR 21977, Apr. 23, 2004; 73 FR 76168, Dec. 15, 2008; 74 FR 18158, Apr. 21, 2009] Figure 4 to Part 679—BSAI Herring Savings Areas b. Coordinates Name Description and effective date Summer Herring Savings Area 1 That part of the Bering Sea subarea that is south of 57° N lat and between 162° and 164° W long from 1200 hours, A.l.t., June 15 through 1200 hours, A.l.t. July 1 of a fishing year. Summer Herring Savings Area 2 That part of the Bering Sea subarea that is south of 56°30′′ N lat and between 164° and 167° W long from 1200 hours, A.l.t., July 1 through 1200 hours, A.l.t. August 15 of a fishing year. Winter Herring Savings Area That part of the Bering Sea subarea that is between 58° and 60° N lat and between 172° and 175° W long from 1200 hours, A.l.t. September 1 of the current fishing year through 1200 hours, A.l.t. March 1 of the succeeding fishing year. [64 FR 61989, Nov. 15, 1999] Figure 5 to Part 679—Kodiak Island Type 1, 2, and 3 Nonpelagic Trawl Closure Status and Marmot Bay Tanner Crab Protection Area [79 FR 2801, Jan. 16, 2014] Figure 6 to Part 679—Length Overall of Vessel [68 FR 23925, May 6, 2003] Figure 7 to Part 679—Location of Trawl Gear Test Areas in the GOA and the BSAI [73 FR 76170, Dec. 15, 2008] Figure 8 to Part 679—Aleutian Islands Chinook Salmon Savings Area [75 FR 53069, Aug. 30, 2010] Figure 9 to Part 679—Chum Savings Area (CSSA) of the CVOA b. Coordinates The CSSA is an area defined as that portion of the Bering Sea Subarea described by straight lines connecting the following coordinates in the order listed: 56°00′ N. lat. 167°00′ W. long. 56°00′ N. lat. 165°00′ W. long. 55°30′ N. lat. 165°00′ W. long. 55°30′ N. lat. 164°00′ W. long. 55°00′ N. lat. 164°00′ W. long. 55°00′ N. lat. 167°00′ W. long. 56°00′ N. lat. 167°00′ W. long. [64 FR 61995, Nov. 15, 1999] Figure 10 to Part 679—Pribilof Islands Habitat Conservation Zone (PIHCZ) in the Bering Sea [79 FR 71348, Dec. 2, 2014] Figure 11 to Part 679—Red King Crab Savings Area (RKCSA) [64 FR 61998, Nov. 15, 1999] Figure 12 to Part 679—Bristol Bay Trawl Closure Area [74 FR 62509, Nov. 30, 2009] Figure 13 to Part 679—BSAI C. Opilio Tanner Crab Bycatch Limitations Zone b. Coordinates The COBLZ is an area defined as that portion of the Bering Sea Subarea north of 56°30′ N. lat. that is west of a line connecting the following coordinates in the order listed: 56°30′ N. lat., 165°00′ W. long. 58°00′ N. lat., 165°00′ W. long. 59°30′ N. lat., 170°00′ W. long. and north along 170°00′ W. long. to its intersection with the U.S.-Russia Boundary. [64 FR 62000, Nov. 15, 2000] Figure 14 to Part 679—Sablefish Regulatory Areas [64 FR 62002, Nov. 15, 2000] Figure 15 to Part 679—Regulatory Areas for the Pacific Halibut Fishery b. Coordinates Area 2A Area 2B Area 2C Area 3A Area 3B Area 4A Area 4B Area 4C Area 4D Area 4E Closed areas All waters in the Bering Sea north of 54°49′00″ N. lat. in Isanotski Strait that are enclosed by a line from Cape Sarichef Light (54°36′00″ N. lat., 164°55′42″ W. long.) to a point at 56°20′00″ N. lat., 168°30′00 W. long.; thence to a point at 58°21′25″ N. lat., 163°00′00″ W. long.; thence to Strogonof Point (56°53′18″ N. lat., 158°50′37″ W. long.); and then along the northern coasts of the Alaska Peninsula and Unimak Island to the point of origin at Cape Sarichef Light. In Area 2A, all waters north of Point Chehalis, WA (46°53′18″ N. lat.). [64 FR 62003, Nov. 15, 1999] Figure 16 to Part 679—Bering Sea Habitat Conservation Area [73 FR 43371, July 25, 2008] Figure 17 to Part 679—Northern Bering Sea Research Area and Saint Lawrence Island Habitat Conservation Area (HCA) [75 FR 61648, Oct. 6, 2010] Figure 18 to Part 679—Sitka Pinnacles Marine Reserve b. Coordinates An area totaling 2.5 square nm off Cape Edgecumbe, defined by straight lines connecting the following points in a counterclockwise manner: 56°55.5′ N lat., 135°54.0′ W long; 56°57.0′ N lat., 135°54.0′ W long; 56°57.0′ N lat., 135°57.0′ W long; 56°55.5′ N lat., 135°57.0′ W long. [65 FR 67308, Nov. 9, 2000] Figure 19 to Part 679—Shelikof Strait Conservation Area [74 FR 62511, Nov. 30, 2009] Figure 20 to Part 679—Steller sea lion conservation area (SCA) of the Bering Sea [67 FR 4134, Jan. 28, 2002] Figure 21 to Part 679—Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area [73 FR 43372, July 25, 2008] Figure 22 to Part 679—Cook Inlet EEZ Area [89 FR 34765, Apr. 30, 2024] Figure 23 to Part 679—Salmon Management Area (see § 679.2) [86 FR 60587, Nov. 3, 2021] Figure 24 to Part 679—Arctic Management Area [74 FR 56746, Nov. 3, 2009] Figure 25 to Part 679—Elevating Device Clearance Measurement Locations for Modified Nonpelagic Trawl Gear [75 FR 61649, Oct. 6, 2010] Figure 26 to Part 679—Modified Nonpelagic Trawl Gear This figure shows the location of elevating devices in the elevated section of modified nonpelagic trawl gear, as specified under § 679.24(f). The top image shows the location of the end elevating devices in the elevated section for gear with net bridles no greater than 185 feet in length. The bottom image shows the location of the beginning elevating devices near the doors and the end elevating devices near the net for gear with net bridles no greater than 185 feet in length. [79 FR 2803, Jan. 16, 2014] Figure 27 to Part 679—Locations for Measuring Maximum Cross Sections of Line Material (shown as A) and Supporting Material (shown as B) for Modified Nonpelagic Trawl Gear Note: The location for measurement of maximum line material cross section does not include any devices or braided or doubled material used for section termination. [75 FR 61651, Oct. 6, 2010] Table 1 a [General Use Codes] Description Code Belly flaps. Flesh in region of pelvic and pectoral fins and behind head (ancillary only) 19 Bled only. Throat, or isthmus, slit to allow blood to drain 03 Bled fish destined for fish meal (includes offsite production) DO NOT RECORD ON PTR 42 Bones (if meal, report as 32) (ancillary only) 39 Butterfly, no backbone. Head removed, belly slit, viscera and most of backbone removed; fillets attached 37 Cheeks. Muscles on sides of head (ancillary only) 17 Chins. Lower jaw (mandible), muscles, and flesh (ancillary only) 18 Fillets, deep-skin. Meat with skin, adjacent meat with silver lining, and ribs removed from sides of body behind head and in front of tail, resulting in thin fillets 24 Fillets, skinless/boneless. Meat with both skin and ribs removed, from sides of body behind head and in front of tail 23 Fillets with ribs, no skin. Meat with ribs with skin removed, from sides of body behind head and in front of tail 22 Fillets with skin and ribs. Meat and skin with ribs attached, from sides of body behind head and in front of tail 20 Fillets with skin, no ribs. Meat and skin with ribs removed, from sides of body behind head and in front of tail 21 Fish meal. Meal from whole fish or fish parts; includes bone meal 32 Fish oil. Rendered oil from whole fish or fish parts. Record only oil destined for sale and not oil stored or burned for fuel onboard 33 Gutted, head on. Belly slit and viscera removed 04 Gutted, head off. Belly slit and viscera removed (May be used for halibut personal use) 05 Head and gutted, with roe 06 Headed and gutted, Western cut. Head removed just in front of the collar bone, and viscera removed 07 Headed and gutted, Eastern cut. Head removed just behind the collar bone, and viscera removed 08 Headed and gutted, tail removed. Head removed usually in front of collar bone, and viscera and tail removed 10 Heads. Heads only, regardless where severed from body (ancillary only) 16 Kirimi (Steak). Head removed either in front or behind the collar bone, viscera removed, and tail removed by cuts perpendicular to the spine, resulting in a steak 11 Mantles, octopus or squid. Flesh after removal of viscera and arms 36 Milt. In sacs, or testes (ancillary only) 34 Minced. Ground flesh 31 Other retained product. If product is not listed on this table, enter code 97 and write a description with product recovery rate next to it in parentheses 97 Pectoral girdle. Collar bone and associated bones, cartilage and flesh 15 Roe. Eggs, either loose or in sacs, or skeins (ancillary only) 14 Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to tail but remaining attached near tail. Product salted 12 Stomachs. Includes all internal organs (ancillary only) 35 Surimi. Paste from fish flesh and additives 30 Whole fish/ or shellfish/food fish 01 Wings. On skates, side fins are cut off next to body 13 SHELLFISH ONLY Soft shell crab 75 Bitter crab 76 Deadloss 79 Sections 80 Meat 81 Note: * Delivery condition code: Condition of the fish or shellfish at the point it is weighed and recorded on the ADF&G fish ticket. [76 FR 40634, July 11, 2011] Table 1 b 1 Description Code Confiscation or seized 63 Deadloss (crab only) 79 Overage 62 Retained for future sale 87 Tagged IFQ Fish (Exempt from debit) 64 Whole fish/bait, not sold. Used as bait onboard vessel 92 Whole fish/bait, sold 61 Whole fish/discard at sea. Whole groundfish and prohibited species discarded by catcher vessels, catcher/processors, motherships, or tenders. DO NOT RECORD ON PTR 98 Whole fish/discard, damaged. Whole fish damaged by observer's sampling procedures 93 Whole fish/discard, decomposed. Decomposed or previously discarded fish 89 Whole fish/discard, infested. Flea-infested fish, parasite-infested fish 88 Whole fish/discard, onshore. Discard after delivery and before processing by shoreside processors, stationary floating processors, buying stations, and tender vessels and in-plant discard of whole groundfish and prohibited species during processing. DO NOT RECORD ON PTR 99 Whole fish/donated prohibited species. Number of Pacific salmon or Pacific halibut, otherwise required to be discarded, that is donated to charity under a NMFS-authorized program 86 Whole fish/fish meal. Whole fish destined for meal (includes offsite production.) DO NOT RECORD ON PTR 41 Whole fish/personal use, consumption. Fish or fish products eaten on board or taken off the vessel for personal use. Not sold or utilized as bait 95 Whole fish/sold, for human consumption 60 Note: 1 [76 FR 40634, July 11, 2011, as amended at 81 FR 70607, Oct. 13, 2016] Table 1 c Description Code Ancillary product. A Primary product. P Reprocessed or rehandled product. R [73 FR 76172, Dec. 15, 2008] Table 2 a Species description Code Atka mackerel (greenling) 193 Flatfish, miscellaneous (flatfish species without separate codes) 120 FLOUNDER: Alaska plaice 133 Arrowtooth 121 Bering 116 Kamchatka 117 Starry 129 Octopuses 870 Pacific cod 110 Pollock 270 ROCKFISH: Aurora ( Sebastes aurora 185 Black (BSAI) ( S. melanops 142 Blackgill ( S. melanostomus 177 Blue (BSAI) ( S. mystinus 167 Bocaccio ( S. paucispinis 137 Canary ( S. pinniger 146 Chilipepper ( S. goodei 178 China ( S. nebulosus 149 Copper ( S. caurinus 138 Darkblotched ( S. crameri 159 Dusky ( S. variabilis 172 Greenstriped ( S. elongatus 135 Harlequin ( S. variegatus 176 Northern ( S. polyspinis 136 Pacific Ocean Perch ( S. alutus 141 Pygmy ( S. wilsoni 179 Quillback ( S. maliger 147 Redbanded ( S. babcocki 153 Redstripe ( S. proriger 158 Rosethorn ( S. helvomaculatus 150 Rougheye ( S. aleutianus 151 Sharpchin ( S. zacentrus 166 Shortbelly ( S. jordani 181 Shortraker ( S. borealis 152 Silvergray ( S. brevispinis 157 Splitnose ( S. diploproa 182 Stripetail ( S. saxicola 183 Thornyhead (all Sebastolobus 143 Tiger ( S. nigrocinctus 148 Vermilion ( S. miniatus 184 Widow ( S. entomelas 156 Yelloweye ( S. ruberrimus 145 Yellowmouth ( S. reedi 175 Yellowtail ( S. flavidus 155 Sablefish (blackcod) 710 SHARKS: Other (if salmon, spiny dogfish or Pacific sleeper shark—use specific species code) 689 Pacific sleeper 692 Salmon 690 Spiny dogfish 691 SKATES: Alaska ( Bathyraja parmifera 703 Aleutian ( B. aleutica 704 Whiteblotched ( B. maculate 705 Big ( Raja binoculata 702 Longnose ( R. rhina 701 Other (if Alaska, Aleutian, whiteblotched, big, or longnose skate—use specific species code) 700 SOLE: Butter 126 Dover 124 English 128 Flathead 122 Petrale 131 Rex 125 Rock 123 Sand 132 Yellowfin 127 Turbot, Greenland 134 [85 FR 41431, July 10, 2020] Table 2 b Species Description Code CR Crab Groundfish PSC CRAB Box Lopholithodes mandtii 900 ✓ Dungeness Cancer magister 910 ✓ King, blue Paralithodes platypus 922 ✓ ✓ King, golden (brown) Lithodes aequispinus 923 ✓ ✓ King, red Paralithodes camtshaticus 921 ✓ ✓ King, scarlet (deepsea) Lithodes couesi 924 ✓ Korean horsehair crab Erimacrus isenbeckii 940 ✓ Multispinus crab Paralomis multispinus 951 ✓ Tanner, Bairdi Chionoecetes bairdi 931 ✓ ✓ Tanner, grooved Chionoecetes tanneri 933 ✓ Tanner, snow Chionoecetes opilio 932 ✓ ✓ Tanner, triangle Chionoecetes angulatus 934 ✓ Verrilli crab Paralomis verrilli 953 ✓ PACIFIC HALIBUT Hippoglossus stenolepis 200 ✓ PACIFIC HERRING Family Clupeidae 235 ✓ SALMON Chinook (king) Oncorhynchus tshawytscha 410 ✓ Chum (dog) Oncorhynchus keta 450 ✓ Coho (silver) Oncorhynchus kisutch 430 ✓ Pink (humpback) Oncorhynchus gorbuscha 440 ✓ Sockeye (red) Oncorhynchus nerka 420 ✓ STEELHEAD TROUT Oncorhynchus mykiss 540 ✓ [73 FR 76172, Dec. 15, 2008] Table 2 c Species identification Code FORAGE FISH: Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae 209 Capelin smelt (family Osmeridae 516 Deep-sea smelts (family Bathylagidae 773 Eulachon smelt (family Osmeridae 511 Gunnels (family Pholidae 207 Krill (order Euphausiacea 800 Lanternfishes (family Myctophidae 772 Pacific Sand fish (family Trichodontidae 206 Pacific Sand lance (family Ammodytidae 774 Pricklebacks, war-bonnets, eelblennys, cockscombs and Shannys (family Stichaeidae 208 Surf smelt (family Osmeridae 515 GRENADIERS: Giant Grenadiers ( Albatrossia pectoralis 214 Other Grenadiers 213 SQUID: Squids 875 SCULPINS: Sculpins 160 [85 FR 41433, July 10, 2020] Table 2 d Species description Code GENERAL USE Arctic char, anadromous 521 Dolly varden, anadromous 531 Eels or eel-like fish 210 Eel, wolf 217 GREENLING: Kelp 194 Rock 191 Whitespot 192 Jellyfish (unspecified) 625 Lamprey, pacific 600 Lingcod 130 Lumpsucker 216 Pacific flatnose 260 Pacific hagfish 212 Pacific hake 112 Pacific lamprey 600 Pacific saury 220 Pacific tomcod 250 Poacher (Family Algonidae) 219 Prowfish 215 Ratfish 714 Rockfish, black (GOA) 142 Rockfish, blue (GOA) 167 Rockfish, dark 173 Sardine, Pacific (pilchard) 170 Sea cucumber, red 895 Shad 180 Skilfish 715 Snailfish, general (genus Liparis Careproctus 218 Sturgeon, general 680 Wrymouths 211 Shellfish: Abalone, northern (pinto) 860 Clams: Arctic surf 812 Cockle 820 Eastern softshell 842 Pacific geoduck 815 Pacific littleneck 840 Pacific razor 830 Washington butter 810 Coral 899 Mussel, blue 855 Oyster, Pacific 880 Scallop, weathervane 850 Scallop, pink (or calico) 851 SHRIMP: Coonstripe 864 Humpy 963 Northern (pink) 961 Sidestripe 962 Spot 965 Snails 890 Urchin, green sea 893 Urchin, red sea 892 [80 FR 11909, Mar. 5, 2015] Table 3 to Part 679—Product Recovery Rates for Groundfish Species and Conversion Rates for Pacific Halibut [80 FR 11910, Mar. 5, 2015] Table 4 to Part 679—Steller Sea Lion Protection Areas Pollock Fisheries Restrictions [79 FR 70312, Nov. 25, 2014] Table 5 to Part 679—Steller Sea Lion Protection Areas Pacific Cod Fisheries Restrictions [79 FR 70322, Nov. 25, 2014] Table 6 to Part 679—Steller Sea Lion Protection Areas Atka Mackerel Fisheries Restrictions [79 FR 70334, Nov. 25, 2014] Table 7 to Part 679—Community Development Quota Groups and Communities Eligible To Participate in the CDQ Program Aleutian Pribilof Island Community Development Association: Akutan Atka False Pass Nelson Lagoon Nikolski Saint George Bristol Bay Economic Development Corporation: Aleknagik Clark's Point Dillingham Egegik Ekuk Ekwok King Salmon/Savonoski Levelock Manokotak Naknek Pilot Point Port Heiden Portage Creek South Naknek Togiak Twin Hills Ugashik Central Bering Sea Fishermen's Association: Saint Paul Coastal Villages Region Fund: Chefornak Chevak Eek Goodnews Bay Hooper Bay Kipnuk Kongiganak Kwigillingok Mekoryuk Napakiak Napaskiak Newtok Nightmute Oscarville Platinum Quinhagak Scammon Bay Toksook Bay Tuntutuliak Tununak Norton Sound Economic Development Corporation: Brevig Mission Diomede Elim Gambell Golovin Koyuk Nome Saint Michael Savoonga Shaktoolik Stebbins Teller Unalakleet Wales White Mountain Yukon Delta Fisheries Development Association: Alakanuk Emmonak Grayling Kotlik Mountain Village Nunam Iqua [77 FR 6502, Feb. 8, 2012] Table 8 to Part 679—Harvest Zone Codes for Use With Vessel Activity Reports Harvest Zone Description A1 BSAI EEZ off Alaska A2 GOA EEZ off Alaska B State waters of Alaska C State waters other than Alaska D Donut Hole F Foreign Waters Other than Russia I International Waters other than Donut Hole and Seamounts R Russian waters S Seamounts in International waters U U.S. EEZ other than Alaska [67 FR 4137, Jan. 28, 2002] Table 9 to Part 679—Groundfish LLP Licenses Eligible for Use in the BSAI Longline Catcher/Processor Subsector, Column A. X Indicates Whether Column B or Column C Applies. Column A Column B Column C The Holder of Groundfish License Number . . . Is eligible under 50 CFR 679.4(k)(3)(i)(D)( 1 Is eligible to request that NMFS permanently assign a 220-foot (67 m) MLOA on that LLP License under 50 CFR 679.4(k)(3)(i)(D)( 2 LLG 4508 X LLG 1785 X LLG 3681 X LLG 3676 X LLG 3609 X LLG 1400 X LLG 1401 X LLG 3617 X LLG 1916 X LLG 1917 X LLG 1989 X LLG 1127 X LLG 1128 X LLG 1125 X LLG 4823 X LLG 2783 X LLG 1988 X LLG 2238 X LLG 2958 X LLG 3973 X LLG 3637 X LLG 2421 X LLG 1713 X LLG 3616 X LLG 2892 X LLG 2112 X LLG 5222 X LLG 1578 X LLG 2026 X LLG 3847 X LLG 3602 X LLG 2081 X LLG 4008 X LLG 3090 X LLG 1576 X LLG 2959 X [78 FR 607, Jan. 6, 2014] Table 10 to Part 679—Gulf of Alaska Retainable Percentage [86 FR 74387, Dec. 30, 2021] Table 11 to Part 679—BSAI Retainable Percentage [86 FR 74389, Dec. 30, 2021; 87 FR 412, Jan. 5, 2022] Table 12 to Part 679—Steller Sea Lion Protection Areas, 3nm No Groundfish Fishing Sites [75 FR 81922, Dec. 29, 2010] Table 13 to Part 679—Transfer Form Summary If participant type is . . . And has . . . Fish product onboard And is involved in this activity VAR 1 PTR 2 Transship 3 Departure 4 Dockside sales 5 Landing 6 Catcher vessel greater than 60 ft LOA, mothership, or catcher/processor Only non-IFQ groundfish Vessel leaving or entering Alaska X Catcher vessel greater than 60 ft LOA, mothership, or catcher/processor Only IFQ sablefish, IFQ halibut, CDQ halibut, or CR crab Vessel leaving Alaska X Catcher vessel greater than 60 ft LOA, mothership, or catcher/processor Combination of IFQ sablefish, IFQ halibut, CDQ halibut, or CR crab and non-IFQ groundfish Vessel leaving Alaska X X Mothership, catcher/processor, shoreside processor, or SFP Non-IFQ groundfish Shipment of groundfish product X Mothership, catcher/processor, shoreside processor, or SFP Donated PSC Shipment of donated PSC X Registered Buyer IFQ sablefish, IFQ halibut, or CDQ halibut Transfer of product X A person holding a valid IFQ permit, IFQ hired master permit, or Registered Buyer permit IFQ sablefish, IFQ halibut, or CDQ halibut Transfer of product XXX Registered Buyer IFQ sablefish, IFQ halibut, or CDQ halibut Transfer from landing site to Registered Buyer's processing facility XX Vessel operator Processed IFQ sablefish, IFQ halibut, CDQ halibut, or CR crab Transshipment between vessels XXXX Registered Crab Receiver CR crab Transfer of product X Registered Crab Receiver CR crab Transfer from landing site to RCR's processing facility XX 1 2 3 4 5 6 X indicates under what circumstances each report is submitted. XX indicates that the document must accompany the transfer of IFQ species from landing site to processor. XXX indicates receipt must be issued to each receiver in a dockside sale. XXXX indicates authorization must be obtained 24 hours in advance. [81 FR 70606, Oct. 13, 2016] Table 14 a 1 Port Name NMFS Code ADF&G Code Adak 186 ADA Akutan, Akutan Bay 101 AKU Alitak 103 ALI Anchorage 105 ANC Angoon 106 ANG Aniak 300 ANI Anvik 301 ANV Atka 107 ATK Auke Bay 136 JNU Beaver Inlet 119 DUT Bethel 302 BET Captains Bay 119 DUT Chefornak 189 CHF Chignik 113 CHG Cordova 115 COR Craig 116 CRG Dillingham 117 DIL Douglas 136 JNU Dutch Harbor/Unalaska 119 DUT Egegik 122 EGE Ekuk 303 EKU Elfin Cove 123 ELF Emmonak 304 EMM Excursion Inlet 124 XIP False Pass 125 FSP Fairbanks 305 FBK Galena 306 GAL Glacier Bay 307 GLB Glennallen 308 GLN Gustavus 127 GUS Haines 128 HNS Homer 132 HOM Hoonah 133 HNH Hydaburg 309 HYD Hyder 134 HDR Juneau 136 JNU Kake 137 KAK Kaltag 310 KAL Kasilof 138 KAS Kenai 139 KEN Kenai River 139 KEN Ketchikan 141 KTN King Cove 142 KCO King Salmon 143 KNG Kipnuk 144 KIP Klawock 145 KLA Kodiak 146 KOD Kotzebue 311 KOT Larsen Bay 327 LRB Mekoryuk 147 MEK Metlakatla 148 MET Moser Bay 312 MOS Naknek 149 NAK Nenana 313 NEN Nikiski (or Nikishka) 150 NIK Ninilchik 151 NIN Nome 152 NOM Nunivak Island 314 NUN Old Harbor 153 OLD Other Alaska 1 499 OAK Pelican 155 PEL Petersburg 156 PBG Port Alexander 158 PAL Port Armstrong 315 PTA Port Bailey 159 PTB Port Graham 160 GRM Port Lions 316 LIO Port Moller 317 MOL Port Protection 161 PRO Quinhagak 187 QUK Sand Point 164 SPT Savoonga 165 SAV Selawik 326 SWK Seldovia 166 SEL Seward 167 SEW Sitka 168 SIT Skagway 169 SKG Soldotna 318 SOL St. George 170 STG St. Mary 319 STM St. Paul 172 STP Tee Harbor 136 JNU Tenakee Springs 174 TEN Togiak 176 TOG Toksook Bay 177 TOB Tununak 178 TUN Ugashik 320 UGA Unalakleet 321 UNA Valdez 181 VAL Wasilla 322 WAS Whittier 183 WHT Wrangell 184 WRN Yakutat 185 YAK 1 [73 FR 76186, Dec. 15, 2008] Table 14 b (California, Canada, Oregon, and Washington) Port State or Country Port Name NMFS Code ADF&G Code CALIFORNIA Eureka 500 EUR Other California 1 599 OCA CANADA Other Canada 1 899 OCN Port Edward, B.C. 802 PRU Prince Rupert, B.C. 802 PRU Vancouver, B.C. 803 VAN OREGON Astoria 600 AST Newport 603 NPT Other Oregon 1 699 OOR Portland 323 POR Warrenton 604 WAR WASHINGTON Anacortes 700 ANA Bellingham 702 BEL Blaine 717 BLA Everett 704 EVT La Conner 708 LAC Olympia 324 OLY Other Washington 1 799 OWA Seattle 715 SEA Tacoma 325 TAC 1 [73 FR 76186, Dec. 15, 2008] Table 14 c Description of code Code NMFS Alaska region ADF&G FCP Catcher/processor Floating catcher processor. FLD Mothership Floating domestic mothership. IFP Stationary Floating Processor Inshore floating processor—processing in State of Alaska waters only. [70 FR 10238, Mar. 2, 2005] Table 15 to Part 679—Gear Codes, Descriptions, and Use (X indicates where this code is used) Name of gear Use alphabetic code to complete the following: Use numeric code to complete the following: Alpha gear code NMFS logbooks Electronic check-in/ check-out Numeric gear code IERS eLandings ADF&G COAR NMFS AND ADF&G GEAR CODES Gillnet, drift 03 X X Hook-and-line HAL X X 61 X X Jig, mechanical JIG X X 26 X X Pot (includes longline pot and pot-and-line) POT X X 91 X X Trawl, nonpelagic/bottom NPT X X 07 X X Trawl, pelagic/midwater PTR X X 47 X X Troll, dinglebar TROLL X X 25 X X Troll, hand TROLL X X 05 X X Troll, power gurdy TROLL X X 15 X X All other gear types OTH X X ADF&G GEAR CODES Diving 11 X X Dredge 22 X X Dredge, hydro/mechanical 23 X X Fish ladder/raceway 77 X X Fish wheel 08 X X Gillnet, herring 34 X X Gillnet, set 04 X X Gillnet, sunken 41 X X Handpicked 12 X X Net, dip 13 X X Net, ring 10 X X Other/specify 99 X X Pound 21 X X Seine, purse 01 X X Seine, beach 02 X X Shovel 18 X X Trap 90 X X Trawl, beam 17 X X Trawl, double otter 27 X Trawl, pair 37 X X Weir 14 X X FIXED GEAR Authorized gear for sablefish harvested from any GOA reporting area All longline gear (hook-and-line, jig, troll, and handline) and longline pot gear. For purposes of determining initial IFQ allocation, all pot gear used to make a legal landing. Authorized gear for sablefish harvested from any BSAI reporting area All hook-and-line gear and all pot gear. Authorized gear for halibut harvested from any IFQ regulatory area in the GOA All fishing gear composed of lines with hooks attached, including one or more stationary, buoyed, and anchored lines with hooks attached and longline pot gear. Authorized gear for halibut harvested from any IFQ regulatory area in the BSAI All fishing gear composed of lines with hooks attached, including one or more stationary, buoyed, and anchored lines with hooks attached. [73 FR 76187, Dec. 15, 2008, as amended at 81 FR 95457, Dec. 28, 2016; 89 FR 34766, Apr. 30, 2024] Table 16 to Part 679—Area Codes and Descriptions for Use With State of Alaska ADF&G Commercial Operator's Annual Report (COAR) COAR: Name (Code) Species ADF&G Fisheries Management Areas Area Description in ADF&G Alaska Peninsula King Crab: M 5 AAC 34.500 Herring M 5 AAC 27.600 Bering Sea: Bering Sea King Crab Q 5 AAC 34.900 Bristol Bay (T) King Crab T 5 AAC 34.800 Chignik (L) Groundfish L 5 AAC 28.500 Cook Inlet: Groundfish H 5 AAC 28.300 Dutch Harbor (O) Aleutian Islands King Crab O 5 AA 34.600 EEZ (Federal waters of BSAI (FB) Groundfish n/a n/a GOA (FG) Atka-Amlia Islands Salmon n/a 5 AAC 11.1010 Kodiak (western GOA) (K) Groundfish K 5 AAC 28.400 Kotzebue (X) Salmon X 5 AAC 03.100 Kuskokwim: Salmon W 5 AAC 07.100 Norton Sound (Z) Norton Sound-Port Clarence Salmon Z 5 AAC 04.100 Prince William Sound (E) Groundfish E 5 AAC 28.200 Southeast: Groundfish A 5 AAC 28.100 Yukon River: Yukon-Northern Salmon Y 5 AAC 05.100 [66 FR 55126, Nov. 1, 2001] Table 17 to Part 679—Process Codes for Use With State of Alaska Commercial Operator's Annual Report (COAR) Codes Process Codes and Description Prefix Codes 1-Fresh 2-Frozen 3-Salted/brined 4-Smoked 5-Canned 6-Cooked 7-Live 8-Dry 9-Pickled 11-Minced Suffix Codes 0-General 1-Canned Conv. 2-Canned smoked 8-Vacuum packed B-Block I-Individual quick frozen (IQF) pack S-Shatter pack [66 FR 43527, Aug. 20, 2001] Table 18 to Part 679—Required Buying and Production Forms for use With State of Alaska Commercial Operator's Annual Report (COAR) Fishery Form Number and Name Salmon Salmon Buying King Salmon Production Sockeye Salmon Production Coho Salmon Production Pink Salmon Production Chum Salmon Production Salmon Roe & Byproduct Production Herring Herring Buying Herring Production Crab (E) Crab Buying Shrimp/Miscellaneous Shellfish (G) Shrimp/Misc.Shellfish Buying Groundfish (I)(1) Groundfish Buying Halibut (K) Halibut Buying & Production Custom Production Custom Production PRICES NOT FINAL (M)(1) Fish Buying Retro Payments [66 FR 55128, Nov. 1, 2001] Table 19 to Part 679—Seabird Avoidance Gear Codes VESSEL LOGBOOK CODE SEABIRD AVOIDANCE GEAR OR METHOD. 1 Paired Streamer Lines: 2 Single Streamer Line: 3 Single Streamer Line, used with Snap Gear: 4 Buoy Bag Line: Other Device used in conjunction with Single Streamer Line or Buoy Bag Line 5 Add weights to groundline: 6 Additional Buoy Bag Line or Single Streamer Line: 7 Strategic Offal Discharge: i.e. Additional Device Used 8 Night Fishing: Line Shooter: Lining Tube: Other 9 No Deterrent Used Due to Weather. [See weather exceptions at § 679.24(e)(4)(i), (e)(4)(ii)(B), (e)(4)(iii)(B), (e)(4)(iv)(B), and (e)(4)(v).] 0 No Deterrent Used. [74 FR 13358, Mar. 27, 2009] Table 20 to Part 679—Seabird Avoidance Gear Requirements for Vessels, based on Area, Gear, and Vessel Type. (See § 679.24( e e If you operate a vessel deploying hook-and-line gear, other than snap gear, in waters specified at § 679.24(e)(3), and your vessel is... then you must use this seabird avoidance gear in conjunction with requirements at § 679.24(e)... >26 ft to 55 ft LOA and without masts, poles, or rigging minimum of one buoy bag line >26 ft to 55 ft LOA and with masts, poles, or rigging minimum of a single streamer line of a standard specified at § 679.24(e)(4)(ii) >55 ft LOA minimum of paired streamer lines of a standard specified at § 679.24(e)(4)(iii) If you operate a vessel deploying hook-and-line gear and use snap gear in waters specified at § 679.24(e)(3), and your vessel is... then you must use this seabird avoidance gear in conjunction with requirements at § 679.24(e)... >26 ft to 55 ft LOA and without masts, poles, or rigging minimum of one buoy bag line >26 ft to 55 ft LOA and with masts, poles, or rigging minimum of a single streamer line of a standard specified at § 679.24(e)(4)(iv) >55 ft LOA minimum of a single streamer line of a standard specified at § 679.24(e)(4)(iv) If you operate any of the following hook-and-line vessels... then... <32 ft LOA in the State waters of IPHC Area 4E you are exempt from seabird avoidance measures. in NMFS Reporting Area 649 (Prince William Sound) in State waters of Cook Inlet in NMFS Reporting Area 659 (Eastern GOA Regulatory Area, Southeast Inside District), but not including waters in the areas south of a straight line at 56°17.25 N. lat. between Point Harris and Port Armstrong in Chatham Strait, State statistical areas 325431 and 325401, and west of a straight line at 136°21.17 E. long. from Point Wimbledon extending south through the Inian Islands to Point Lavinia ≤55 ft LOA in IPHC Area 4E but not including waters south of 60°00.00 N. lat. and west of 160°00.00 W. long. [74 FR 13358, Mar. 27, 2009] Table 21 to Part 679—Eligible Communities, Halibut IFQ Regulatory Area Location, Community Governing Body That Recommends the CQE, and the Fishing Programs and Associated Areas Where a CQE Representing an Eligible Community May Be Permitted To Participate [79 FR 66332, Nov. 7, 2014] Table 22 to Part 679—Alaska Seamount Habitat Protection Areas Area No. Name Latitude Longitude 1 Dickins Seamount 54 39.00 N 136 48.00 W 54 39.00 N 137 9.00 W 54 27.00 N 137 9.00 W 54 27.00 N 136 48.00 W 2 Denson Seamount 54 13.20 N 137 6.00 W 54 13.20 N 137 36.00 W 53 57.00 N 137 36.00 W 53 57.00 N 137 6.00 W 3 Brown Seamount 55 0.00 N 138 24.00 W 55 0.00 N 138 48.00 W 54 48.00 N 138 48.00 W 54 48.00 N 138 24.00 W 4 Welker Seamount 55 13.80 N 140 9.60 W 55 13.80 N 140 33.00 W 55 1.80 N 140 33.00 W 55 1.80 N 140 9.60 W 5 Dall Seamount 58 18.00 N 144 54.00 W 58 18.00 N 145 48.00 W 57 45.00 N 145 48.00 W 57 45.00 N 144 54.00 W 6 Quinn Seamount 56 27.00 N 145 0.00 W 56 27.00 N 145 24.00 W 56 12.00 N 145 24.00 W 56 12.00 N 145 0.00 W 7 Giacomini Seamount 56 37.20 N 146 7.20 W 56 37.20 N 146 31.80 W 56 25.20 N 146 31.80 W 56 25.20 N 146 7.20 W 8 Kodiak Seamount 57 0.00 N 149 6.00 W 57 0.00 N 149 30.00 W 56 48.00 N 149 30.00 W 56 48.00 N 149 6.00 W 9 Odessey Seamount 54 42.00 N 149 30.00 W 54 42.00 N 150 0.00 W 54 30.00 N 150 0.00 W 54 30.00 N 149 30.00 W 10 Patton Seamount 54 43.20 N 150 18.00 W 54 43.20 N 150 36.00 W 54 34.20 N 150 36.00 W 54 34.20 N 150 18.00 W 11 Chirikof & Marchand Seamounts 55 6.00 N 151 0.00 W 55 6.00 N 153 42.00 W 54 42.00 N 153 42.00 W 54 42.00 N 151 0.00 W 12 Sirius Seamount 52 6.00 N 160 36.00 W 52 6.00 N 161 6.00 W 51 57.00 N 161 6.00 W 51 57.00 N 160 36.00 W 13 Derickson Seamount 53 0.00 N 161 0.00 W 53 0.00 N 161 30.00 W 52 48.00 N 161 30.00 W 52 48.00 N 161 0.00 W 14 Unimak Seamount 53 48.00 N 162 18.00 W 53 48.00 N 162 42.00 W 53 39.00 N 162 42.00 W 53 39.00 N 162 18.00 W 15 Bowers Seamount 54 9.00 N 174 52.20 E 54 9.00 N 174 42.00 E 54 4.20 N 174 42.00 E 54 4.20 N 174 52.20 E Note: [71 FR 36703, June 28, 2006] Table 23 to Part 679—Aleutian Islands Coral Habitat Protection Areas Area No. Name Latitude Longitude 1 Great Sitkin I 52 9.56 N 176 6.14 W 52 9.56 N 176 12.44 W 52 4.69 N 176 12.44 W 52 6.59 N 176 6.12 W 2 Cape Moffett I 52 0.11 N 176 46.65 W 52 0.10 N 176 53.00 W 51 55.69 N 176 53.00 W 51 55.69 N 176 48.59 W 51 57.96 N 176 46.52 W 3 Adak Canyon 51 39.00 N 177 0.00 W 51 39.00 N 177 3.00 W 51 30.00 N 177 3.00 W 51 30.00 N 177 0.00 W 4 Bobrof I 51 57.35 N 177 19.94 W 51 57.36 N 177 29.11 W 51 51.65 N 177 29.11 W 51 51.71 N 177 19.93 W 5 Ulak I 51 25.85 N 178 59.00 W 51 25.69 N 179 6.00 W 51 22.28 N 179 6.00 W 51 22.28 N 178 58.95 W 6 Semisopochnoi I 51 53.10 N 179 53.11 E 51 53.10 N 179 46.55 E 51 48.84 N 179 46.55 E 51 48.89 N 179 53.11 E Note: [71 FR 36703, June 28, 2006] Table 24 to Part 679—Except as Noted, Locations in the Aleutian Islands Habitat Conservation Area Open to Nonpelagic Trawl Fishing [73 FR9037, Feb. 19, 2008] Table 25 to Part 679—Bowers Ridge Habitat Conservation Zone Area number Name Latitude Longitude 1 Bowers Ridge 55 10.50 N 178 27.25 E 54 54.50 N 177 55.75 E 54 5.83 N 179 20.75 E 52 40.50 N 179 55.00 W 52 44.50 N 179 26.50 W 54 15.50 N 179 54.00 W 2 Ulm Plateau 55 5.00 N 177 15.00 E 55 5.00 N 175 60.00 E 54 34.00 N 175 60.00 E 54 34.00 N 177 15.00 E Note: [71 FR 36703, June 28, 2006] Table 26 to Part 679—Gulf of Alaska Coral Habitat Protection Areas Area number Name Latitude Longitude 1 Cape Ommaney 1 56 10.85 N 135 5.83 W 56 11.18 N 135 7.17 W 56 9.53 N 135 7.68 W 56 9.52 N 135 7.20 W 2 Fairweather FS2 58 15.00 N 138 52.58 W 58 15.00 N 138 54.08 W 58 13.92 N 138 54.08 W 58 13.92 N 138 52.58 W 3 Fairweather FS1 58 16.00 N 138 59.25 W 58 16.00 N 139 9.75 W 58 13.17 N 138 59.25 W 4 Fairweather FN2 58 24.10 N 139 14.58 W 58 24.10 N 139 18.50 W 58 22.55 N 139 18.50 W 58 22.55 N 139 14.58 W 5 Fairweather FN1 58 27.42 N 139 17.75 W 58 27.42 N 139 19.08 W 58 26.32 N 139 19.08 W 58 26.32 N 139 17.75 W Note: [71 FR 36703, June 28, 2006] Table 27 to Part 679—Gulf of Alaska Slope Habitat Conservation Areas Area number Name Latitude Longitude 1 Yakutat 58 47.00 N 139 55.00 W 58 47.00 N 140 32.00 W 58 37.00 N 140 32.00 W 58 36.97 N 139 54.99 W 2 Cape Suckling 59 50.00 N 143 20.00 W 59 50.00 N 143 30.00 W 59 40.00 N 143 30.00 W 59 40.00 N 143 20.00 W 3 Kayak I. 59 35.00 N 144 0.00 W 59 40.00 N 144 25.00 W 59 30.00 N 144 50.00 W 59 25.00 N 144 50.00 W 59 25.00 N 144 2.00 W 4 Middleton I. east 59 32.31 N 145 29.09 W 59 32.13 N 145 51.14 W 59 20.00 N 145 51.00 W 59 18.85 N 145 29.39 W 5 Middleton I. west 59 14.64 N 146 29.63 W 59 15.00 N 147 0.00 W 59 10.00 N 147 0.00 W 59 8.74 N 146 30.16 W 6 Cable 58 40.00 N 148 0.00 W 59 6.28 N 149 0.28 W 59 0.00 N 149 0.00 W 58 34.91 N 147 59.85 W 7 Albatross Bank 56 16.00 N 152 40.00 W 56 16.00 N 153 20.00 W 56 11.00 N 153 20.00 W 56 10.00 N 152 40.00 W 8 Shumagin I. 54 51.49 N 157 42.52 W 54 40.00 N 158 10.00 W 54 35.00 N 158 10.00 W 54 36.00 N 157 42.00 W 9 Sanak I. 54 12.86 N 162 13.54 W 54 0.00 N 163 15.00 W 53 53.00 N 163 15.00 W 54 5.00 N 162 12.00 W 10 Unalaska I. 53 26.05 N 165 55.55 W 53 6.92 N 167 19.40 W 52 55.71 N 167 18.20 W 53 13.05 N 165 55.55 W Note: [71 FR 36703, June 28, 2006] Table 28 a A Legal Rockfish Landing includes Year 2000 2001 2002 2003 2004 2005 2006 Northern rockfish that were harvested in the Central GOA between. . . July 4-July 26 July 1-July 23 June 30-July 21 June 29-July 29 July 4-July 25 July 5-July 24 July 1-July 21. and landed by Aug. 2 July 30 and Oct. 28, respectively July 28 Aug. 5 Aug. 1 July 31 July 28. Pelagic shelf rockfish that were harvested in the Central GOA between. . . July 4-July 26 July 1-July 23 and Oct. 1-Oct. 21 June 30-July 21 June 29-July 31 July 4-July 25 July 5-July 24, Sept. 1-Sept 4, and Sept. 8-Sept. 10 July 1-July 21 and Oct. 2-Oct. 8. and landed by Aug. 2 July 30 and Oct. 28, respectively July 28 Aug. 7 Aug. 1 July 31, Sept. 11, and Sept. 17, respectively July 28 and Oct. 15, respectively. Pacific ocean perch that were harvested in the Central GOA between. . . July 4-July 15 July 1-July 12 June 30-July 8 June 29-July 8 July 4-July 12 July 5-July 14 July 1-July 6. and landed by July 22 July 19 July 15 July 15 July 19 July 21 July 13. [76 FR 81290, Dec. 27, 2011] Table 28 b A Rockfish Legal Landing includes . . . 2007 2008 2009 Northern rockfish that were harvested by vessels authorized to fish in the rockfish entry level trawl fishery between. . . Sept. 1-Nov. 8 Sept. 1-Nov. 15 Sept. 1-Nov. 15. and landed by Nov. 15 Nov. 22 Nov. 22. Pelagic shelf rockfish that were harvested by vessels authorized to fish in the rockfish entry level trawl fishery between. . . Sept. 1-Nov. 15 Sept. 1-Nov. 15 Sept. 1-Nov. 15. and landed by Nov. 22 Nov. 22 Nov. 22. Pacific ocean perch that were harvested by vessels authorized to fish in the rockfish entry level trawl fishery between. . . May 1-May 17; July 1-Aug. 1 July 1-July 27 July 1-Nov. 15. and landed by Aug. 8 Aug. 3 Nov. 22. [76 FR 81290, Dec. 27, 2011] Table 28 c For the following rockfish secondary species . . . The following percentage of the Central GOA TAC is allocated to rockfish cooperatives as CQ . . . For the catcher vessel sector . . . For the catcher/processor sector . . . Pacific cod 3.81% N/A Sablefish 6.78% 3.51% Rougheye rockfish N/A 58.87% Shortraker rockfish N/A 40.00% Thornyhead rockfish 7.84% 26.50% [76 FR 81290, Dec. 27, 2011] Table 28 d For the following rockfish sectors . . . The following amount of halibut . . . Is multiplied by . . . To yield the following amount of halibut PSC assigned as rockfish CQ . . . The following amount of halibut is not assigned as rockfish CQ, halibut PSC, or halibut IFQ for use by any person . . . Catcher vessel sector 134.1 mt 0.875 117.3 mt 27.4 mt (16.8 mt from the catcher vessel sector and 10.6 mt from the catcher/processor sector). Catcher/processor sector 84.7 mt 74.1 mt [76 FR 81290, Dec. 27, 2011] Table 28 e The allocation to the rockfish entry level longline fishery for the following rockfish primary species . . . For 2012 will be . . . If the catch of a rockfish primary species during a calendar year exceeds 90 percent of the allocation for that rockfish primary species then the allocation of that rockfish primary species in the following calendar year will increase by . . . Except that the maximum amount of the TAC assigned to the Rockfish Program (after deducting the incidental catch allowance) that may be allocated to the rockfish entry level non-trawl fishery for each rockfish primary species is . . . Northern rockfish 5 mt 5 mt 2 percent. Pacific ocean perch 5 mt 5 mt 1 percent. Pelagic shelf rockfish 30 mt 20 mt 5 percent. [76 FR 81290, Dec. 27, 2011] Table 29 to Part 679—Initial Rockfish QS Pools Initial Rockfish QS Pool Northern Rockfish Pelagic Shelf Rockfish Pacific Ocean Perch Aggregate Primary Species Initial Rockfish QS Pool Initial Rockfish QS Pool Based on the Rockfish Program official record on February 14, 2012. [76 FR 81292, Dec. 27, 2011] Table 30 to Part 679—Rockfish Program Retainable Percentages [In round wt. equivalent] Fishery Incidental catch species 1 Sector MRA as a Rockfish Cooperative Vessels fishing under a CQ permit Pacific cod Catcher/Processor 4.0 See rockfish non-allocated species for “other species” Rockfish non-allocated Species for Rockfish Cooperative vessels fishing under a Rockfish CQ permit Pollock Catcher/Processor and Catcher Vessel 20.0 Shallow-water flatfish Catcher/Processor and Catcher Vessel 20.0 Arrowtooth flounder Catcher/Processor and Catcher Vessel 35.0 Other rockfish Catcher/Processor and Catcher Vessel 15.0 Atka mackerel Catcher/Processor and Catcher Vessel 20.0 Aggregated forage fish Catcher/Processor and Catcher Vessel 2.0 Skates Catcher/Processor and Catcher Vessel 5.0 Other species Catcher/Processor and Catcher Vessel 20.0 Grenadiers Catcher/Processor and Catcher Vessel 8.0 Longline gear Rockfish Entry Level Fishery Use Table 10 to this part. Opt-out vessels Use Table 10 to this part. Rockfish Cooperative Vessels not fishing under a CQ permit Use Table 10 to this part. 1 [80 FR 80708, Dec. 28, 2015] Table 31 to Part 679—List of Amendment 80 Vessels and LLP Licenses Originally Assigned to an Amendment 80 Vessel Column A: Column B: Column C: ALASKA JURIS 569276 LLG 2082 ALASKA RANGER 550138 LLG 2118 ALASKA SPIRIT 554913 LLG 3043 ALASKA VOYAGER 536484 LLG 2084 ALASKA VICTORY 569752 LLG 2080 ALASKA WARRIOR 590350 LLG 2083 ALLIANCE 622750 LLG 2905 AMERICAN NO I 610654 LLG 2028 ARCTIC ROSE 931446 LLG 3895 ARICA 550139 LLG 2429 BERING ENTERPRISE 610869 LLG 3744 CAPE HORN 653806 LLG 2432 CONSTELLATION 640364 LLG 1147 DEFENDER 665983 LLG 3217 ENTERPRISE 657383 1 GOLDEN FLEECE 609951 LLG 2524 HARVESTER ENTERPRISE 584902 LLG 3741 LEGACY 664882 LLG 3714 OCEAN ALASKA 623210 LLG 4360 OCEAN PEACE 677399 LLG 2138 PROSPERITY 615485 LLG 1802 REBECCA IRENE 697637 LLG 3958 SEAFISHER 575587 LLG 2014 SEAFREEZE ALASKA 517242 LLG 4692 TREMONT 529154 LLG 2785 U.S. INTREPID 604439 LLG 3662 UNIMAK 637693 LLG 3957 VAERDAL 611225 LLG 1402 1 [72 FR 52739, Sept. 14, 2007] Table 32 to Part 679—Amendment 80 Initial QS Pool Amendment 80 species Management area Amendment 80 initial QS pool in units Atka mackerel BS/541 Σ Highest Five Years in metric tons in the Amendment 80 official record as of December 31, 2007, for that Amendment 80 species in that management area. AI Pacific ocean perch 541 Flathead sole BSAI Pacific cod BSAI Rock sole BSAI Yellowfin sole BSAI [72 FR 52739, Sept. 14, 2007] Table 33 to Part 679—Annual Apportion of Amendment 80 Species ITAC Between the Amendment 80 and BSAI Trawl Limited Access Sectors (Except Yellowfin Sole) Fishery Management area Year Percentage of ITAC allocated to the Amendment 80 sector Percentage of ITAC allocated to the BSAI trawl limited access Atka Mackerel 543 All years 100 0 542 2008 98 2 2009 96 4 2010 94 6 2011 93 8 2012 and all future years 90 10 541/EBS 2008 98 2 2009 96 4 2010 94 6 2011 92 8 2012 and all future years 90 10 Aleutian Islands Pacific ocean perch 543 All years 98 2 542 2008 95 5 2009 and all future years 90 10 541 2008 95 5 2009 and all future years 90 10 Pacific cod BSAI All years 13.4 N/A Rock sole BSAI All years 100 0 Flathead sole BSAI All years 100 0 [72 FR 52739, Sept. 14, 2007; 72 FR 61214, Oct. 29, 2007] Table 34 to Part 679—Annual Apportionment of BSAI Yellowfin Sole Between the Amendment 80 and BSAI Trawl Limited Access Sectors Row No. If the yellowfin sole ITAC is between . . . and . . . then the yellowfin sole ITAC rate for the Amendment 80 sector is . . . and the amount of yellowfin sole ITAC allocated to Amendment 80 Sector is . . . and the amount of yellowfin sole ITAC allocated to the BSAI trawl limited access sector is . . . Column A Column B Column C Column D Column E Row 1 0 mt 87,499 mt 0.93 ITAC × Row 1, Column C ITAC—Row 1, Column E. Row 2 87,500 mt 94,999 mt 0.875 (Amount of ITAC greater than 87,499 mt and less than 95,000 mt × Row 2, Column C) + Row 1, Column D ITAC—Row 2, Column D. Row 3 95,000 mt 102,499 mt 0.82 (Amount of ITAC greater than 94,999 mt and less than 102,500 mt × Row 3, Column C) + Column D, Row 2 ITAC—Row 3, Column D. Row 4 102,500 mt 109,999 mt 0.765 (Amount of ITAC greater than 102,499 mt and less than 110,000 mt × Row 4, Column C) + Column D, Row 3 ITAC—Row 4, Column D. Row 5 110,000 mt 117,499 mt 0.71 (Amount of ITAC greater than 109,999 mt and less than 117,500 mt × Row 5, Column C) + Column D, Row 4 ITAC—Row 5, Column D. Row 6 117,500 mt 124,999 mt 0.655 (Amount of ITAC greater than 117,499 mt and less than 125,000 mt × Row 6, Column C) + Column D, Row 5) ITAC—Row 6, Column D. Row 7 125,000 mt and greater 0.6 (Amount of ITAC greater than 124,999 mt × Row 7, Column C) + Column D, Row 6 ITAC—Row 7, Column D. [72 FR 52739, Sept. 14, 2007] Table 35 to Part 679—Apportionment of Crab PSC and Halibut PSC Between the Amendment 80 and BSAI Trawl Limited Access Sectors Table 35 to Part 679—Apportionment of Crab PSC and Halibut PSC Between the Amendment 80 and BSAI Trawl Limited Access Sectors Fishery Halibut PSC Zone 1 Red king crab PSC limit is . . . C. opilio Zone 1 C. bairdi Zone 2 C. bairdi As determined according to § 679.21(b)(1) and the procedures at § 679.21(b)(1)(i). Amendment 80 sector Annual Determination 1 49.98 49.15 42.11 23.67 BSAI trawl limited access 745 30.58 32.14 46.99 46.81 1 [88 FR 82770, Nov. 24, 2023] Table 36 to Part 679—Percentage of Crab and Halibut PSC Limit Assigned to Each Amendment 80 Species For the following PSC The percentage of the Amendment 80 sector PSC limit assigned to each Amendment 80 Atka mackerel AI Pacific ocean perch Pacific cod Flathead sole Rock sole Yellowfin sole Halibut 3.96 1.87 24.79 13.47 24.19 31.72 Zone 1 Red king crab 0.14% 0.56% 6.88% 0.48% 61.79% 30.16% C. opilio 0% 0.06% 6.28% 17.91% 9.84% 65.91% Zone 1 C. bairdi 0% 0% 17.01% 3.13% 56.15% 23.71% Zone 2 C. bairdi 0.01% 0.03% 7.92% 37.31% 7.03% 47.70% [72 FR 52739, Sept. 14, 2007] Table 37 to Part 679— GOA Amendment 80 Sideboard Limit for Groundfish for the Amendment 80 Sector In the following management areas in the GOA and in adjacent waters open by the State of Alaska for which it adopts a Federal fishing season . . . The sideboard limit for . . . Is . . . Area 610 Pollock 0.3% of the TAC. Area 620 Pollock 0.2% of the TAC. Area 630 Pollock 0.2% of the TAC. Area 640 Pollock 0.2% of the TAC. West Yakutat District Pacific cod 3.4% of the TAC. Pacific ocean perch 96.1% of the TAC. Dusky rockfish 89.6% of the TAC. Central GOA Pacific cod 4.4% of the TAC. Pacific ocean perch Subject to regulations in subpart G to this part. Dusky rockfish Subject to regulations in subpart G to this part. Northern rockfish Subject to regulations in subpart G to this part. Western GOA Pacific cod 2.0% of the TAC. Pacific ocean perch 99.4% of the TAC. Dusky rockfish 76.4% of the TAC. Northern rockfish 100% of the TAC. [89 FR 66638, Aug. 16, 2024] Table 38 to Part 679—GOA Amendment 80 Sideboard Limit for Halibut PSC for the Amendment 80 Sector In the . . . The maximum percentage of the total GOA halibut PSC limit that may be used by all Amendment 80 qualified vessels subject to the halibut PSC sideboard limit as those seasons 1 Season 1 Season 2 Season 3 Season 4 Season 5 Shallow-water species fishery as defined in § 679.21(d)(3)(iii)(A) in the GOA or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season. 0.48 1.89 1.46 0.74 2.27 Deep-water species fishery as defined in § 679.21(d)(3)(iii)(B) in the GOA or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season. 1.15 10.72 5.21 0.14 3.71 1 [79 FR 9641, Feb. 20, 2014] Table 39 to Part 679—Amendment 80 Vessels That May Be Used to Directed Fish for Flatfish in the GOA Column A: Column B: ALLIANCE 622750 AMERICAN NO I 610654 DEFENDER 665983 GOLDEN FLEECE 609951 LEGACY 664882 OCEAN ALASKA 623210 OCEAN PEACE 677399 SEAFREEZE ALASKA 517242 U.S. INTREPID 604439 UNIMAK 637693 VAERDAL 611225 [72 FR 52739, Sept. 14, 2007] Table 40 to Part 679—BSAI Halibut PSC Sideboard Limits for AFA Catcher/Processors and AFA Catcher Vessels In the following target species categories as The AFA catcher/processor halibut PSC sideboard limit in metric tons is . . . The AFA catcher vessel halibut PSC sideboard limit in metric tons is . . . All target species categories 286 N/A Pacific cod trawl N/A N/A Pacific cod hook-and-line or pot N/A 2 Yellowfin sole N/A 101 Rock sole/flathead sole/“other flatfish” 1 N/A 228 Turbot/Arrowtooth/Sablefish N/A 0 Rockfish 2 N/A 2 Pollock/Atka mackerel/“other species” N/A 5 1 2 [81 FR 24734, Apr. 27, 2016, as amended at 88 FR 53744, Aug. 8, 2023; 88 FR 57010, Aug. 22, 2023] Table 41 to Part 679—BSAI Crab PSC Sideboard Limits for AFA Catcher/Processors and AFA Catcher Vessels For the following crab species in the following areas . . . The AFA catcher/processor crab PSC sideboard limit is equal to the following The AFA catcher vessel crab PSC sideboard limit is equal to the following ratio . . . Multiplied by . . . Red king crab Zone 1 0.007 0.299 The PSC amount in number of animals available to trawl vessels in the BSAI after allocation of PSQ established in the annual harvest specifications for that calendar year. C. opilio 0.153 0.168 Zone 1 C. bairdi 0.14 0.33 Zone 2 C. bairdi 0.05 0.186 [72 FR 52739, Sept. 14, 2007] Table 42 to Part 679—Bering Sea Habitat Conservation Area Longitude Latitude 179 19.95W 59 25.15N 177 51.76W 58 28.85N 175 36.52W 58 11.78N 174 32.36W 58 8.37N 174 26.33W 57 31.31N 174 0.82W 56 52.83N 173 0.71W 56 24.05N 170 40.32W 56 1.97N 168 56.63W 55 19.30N 168 0.08W 54 5.95N 170 0.00W 53 18.24N 170 0.00W 55 0.00N 178 46.69E 55 0.00N 178 27.25E 55 10.50N 178 6.48E 55 0.00N 177 15.00E 55 0.00N 177 15.00E 55 5.00N 176 0.00E 55 5.00N 176 0.00E 55 0.00N 172 6.35E 55 0.00N 173 59.70E 56 16.96N Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. [73 FR 43370, July 25, 2008] Table 43 to Part 679—Northern Bering Sea Research Area Longitude Latitude 168 7.41 W 65 *37.91 N 165 1.54 W 60 45.54 N 167 59.98 W 60 45.55 N 169 00.00 W 60 35.50 N 169 00.00 W 61 00.00 N 171 45.00 W 61 00.00 N 171 45.00 W 60 54.00 N 174 1.24 W 60 54.00 N 176 13.51 W 62 6.56 N 172 24.00 W 63 57.03 N 172 24.00 W 62 42.00 N 168 24.00 W 62 42.00 N 168 24.00 W 64 0.00 N 172 17.42 W 64 0.01 N 168 58.62 W 65 30.00 N 168 58.62 W 65 **49.81 N Note: * This boundary extends in a clockwise direction from this set of geographic coordinates along the shoreline at mean lower-low tide line to the next set of coordinates. ** Intersection of the 1990 United States/Russia maritime boundary line and a line from Cape Prince of Wales to Cape Dezhneva (Russia) that defines the boundary between the Chukchi and Bering Seas, Area 400 and Area 514, respectively. [75 FR 61652, Oct. 6, 2010] Table 44 to Part 679—Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area Longitude Latitude 165 1.54W 60 45.54N* 162 7.01W 58 38.27N 162 10.51W 58 38.35N 162 34.31W 58 38.36N 162 34.32W 58 39.16N 162 34.23W 58 40.48N 162 34.09W 58 41.79N 162 33.91W 58 43.08N 162 33.63W 58 44.41N 162 33.32W 58 45.62N 162 32.93W 58 46.80N 162 32.44W 58 48.11N 162 31.95W 58 49.22N 162 31.33W 58 50.43N 162 30.83W 58 51.42N 162 30.57W 58 51.97N 163 17.72W 59 20.16N 164 11.01W 59 34.15N 164 42.00W 59 41.80N 165 0.00W 59 42.60N 165 1.45W 59 37.39N 167 40.20W 59 24.47N 168 0.00W 59 49.13N 167 59.98W 60 45.55N Note: The area is delineated by connecting the coordinates in the order listed by straight lines, except as noted by * below. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. * This boundary extends in a clockwise direction from this set of geographic coordinates along the shoreline at mean lower-low tide line to the next set of coordinates. [73 FR 43370, July 25, 2008] Table 45 to Part 679—St. Lawrence Island Habitat Conservation Area Longitude Latitude 168 24.00W 64 0.00N 168 24.00W 62 42.00N 172 24.00W 62 42.00N 172 24.00W 63 57.03N 172 17.42W 64 0.01N Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. [73 FR 43370, July 25, 2008] Table 46 to Part 679—St. Matthew Island Habitat Conservation Area Longitude Latitude 171 45.00 W 60 54.00 N 171 45.00 W 60 6.15 N 174 0.50 W 59 42.26 N 174 24.98 W 60 9.98 N 174 1.24 W 60 54.00 N Note: [75 FR 61652, Oct. 6, 2010] Tables 47-48 to Part 679 [Reserved] Table 49 to Part 679—Groundfish Licenses Qualifying for Hook-and-Line Catcher/Processor Endorsement Exemption Groundfish Shall receive a Pacific cod endorsement with a catcher/processor and a hook-and-line designation in the following regulatory area(s) * * * LLG 1400 Central Gulf of Alaska. LLG 1713 Central Gulf of Alaska. LLG 1785 Central Gulf of Alaska. LLG 1916 Central Gulf of Alaska. LLG 2112 Central Gulf of Alaska and Western Gulf of Alaska. LLG 2783 Central Gulf of Alaska. LLG 2892 Central Gulf of Alaska. LLG 2958 Central Gulf of Alaska. LLG 3616 Central Gulf of Alaska. LLG 3617 Central Gulf of Alaska. LLG 3676 Central Gulf of Alaska. LLG 4823 Central Gulf of Alaska. LLG 2081 Western Gulf of Alaska. LLG 3090 Western Gulf of Alaska. [76 FR 15840, Mar. 22, 2011] Table 50 to Part 679 [Reserved] Table 51 to Part 679—Modified Gear Trawl Zone Longitude Latitude 171 45.00 W 61 00.00 N 169 00.00 W 61 00.00 N 169 00.00 W 60 35.48 N 171 45.00 W 60 06.15 N Note: [75 FR 61652, Oct. 6, 2010] Table 52 to Part 679—Groundfish LLP Licenses Eligible for a BSAI Trawl Limited Access Sector Yellowfin Sole Directed Fishery Endorsement [X indicates that Column A applies] Column A Column B The Holder of Groundfish License Number . . . Is eligible under 50 CFR 679.4(k)(14)(ii) to be assigned an Endorsement for the BSAI Trawl Limited Access Sector Yellowfin Sole Fishery. LLG 3944 X. LLG 2913 X. LLG 1667 X. LLG 3714 X. LLG 1820 X. LLG 3741 X. [83 FR 50002, Oct. 4, 2018] Table 53 to Part 679—Groundfish LLP Licenses That Require Qualified Landings Assignment To Be Eligible for a BSAI Trawl Limited Access Sector Yellowfin Sole Directed Fishery Endorsement [X indicates that Column A applies] Column A Column B A single vessel was designated on the following pairs of groundfish LLP licenses during the qualifying period identified in 50 CFR 679.4(k)(14)(ii)(A)( 1 The owner of the vessel designated on the pair of LLP licenses in Column A must notify NMFS which LLP license from each pair in Column A is to be credited with qualifying landing(s) under 50 CFR 679.4(k)(14)(vi)(B)( 2 LLG 3838 and LLG 2702 X. LLG 3902 and LLG 3826 X. [83 FR 50002, Oct. 4, 2018] Table 54 to Part 679—BSAI Species and Species Groups for Which Directed Fishing for Sideboard Limits by Listed AFA Catcher/Processors and Catcher/Processors Designated on Listed AFA Catcher/Processor Permits is Prohibited Species or species group Management area or subarea Sablefish, trawl gear Bering Sea (BS) subarea of the BSAI. Aleutian Islands (AI). Atka mackerel BS/Eastern Aleutian District. Western Aleutian District. Rock sole BSAI. Greenland turbot Bering Sea subarea of the BSAI. AI. Arrowtooth flounder BSAI. Kamchatka flounder BSAI. Flathead sole BSAI. Alaska plaice BSAI. Other flatfish BSAI. Pacific ocean perch Bering Sea subarea of the BSAI. Eastern Aleutian District. Central Aleutian District. Western Aleutian District. Northern rockfish BSAI. Shortraker rockfish BSAI. Blackspotted and Rougheye rockfish Bering Sea subarea of the BSAI/Eastern Aleutian District. Central Aleutian District/Western Aleutian District. Other rockfish BS. AI. Skates BSAI. Sculpins BSAI. Sharks BSAI. Octopuses BSAI. [84 FR 2729, Feb. 8, 2019] Table 55 to Part 679—BSAI Species and Species Groups for Which Directed Fishing for Sideboard Limits by Non-Exempt AFA Catcher Vessels is Prohibited Species or species group Management area or subarea Gear type Pacific cod BSAI Jig. Hook-and-line catcher vessel ≥ 60 ft. Hook-and-line catcher vessel ≤ 60 ft. Pot. Sablefish, trawl gear Bering Sea subarea of the BSAI All. AI All. Atka mackerel BSAI All. Rock sole BSAI All. Greenland turbot BS All. AI All. Arrowtooth flounder BSAI All. Kamchatka flounder BSAI All. Alaska plaice BSAI All. Other flatfish BSAI All. Flathead sole BSAI All. Pacific ocean perch BS All. Eastern Aleutian District All. Central Aleutian District All. Western Aleutian District All. Northern rockfish BSAI All. Shortraker rockfish BSAI All. Blackspotted and Rougheye rockfish Bering Sea subarea of the BSAI/Eastern Aleutian District All. Central Aleutian District/Western Aleutian District All. Other rockfish Bering Sea subarea of the BSAI All. AI All. Skates BSAI All. Sculpins BSAI All. Sharks BSAI All. Octopuses BSAI All. [84 FR 2729, Feb. 8, 2019] Table 56 to Part 679—GOA Species and Species Groups for Which Directed Fishing for Sideboard Limits by Non-Exempt AFA Catcher Vessels is Prohibited Species or species group Management or regulatory area and processing Pollock Southeast Outside District, Eastern GOA. Pacific cod Eastern GOA, inshore component. Eastern GOA, offshore component. Sablefish Western GOA. Central GOA. Eastern GOA. Shallow-water flatfish Western GOA. Eastern GOA. Deep-water flatfish Western GOA. Central GOA. Eastern GOA. Rex sole Western GOA. Eastern GOA. Arrowtooth flounder Western GOA. Eastern GOA. Flathead sole Western GOA. Eastern GOA. Pacific ocean perch Western GOA. Central GOA. Eastern GOA. Northern rockfish Western GOA. Shortraker rockfish Western GOA. Central GOA. Eastern GOA. Dusky rockfish Western GOA. Central GOA. Eastern GOA. Rougheye rockfish Western GOA. Central GOA. Eastern GOA. Demersal shelf rockfish Southeast Outside District. Thornyhead rockfish Western GOA. Central GOA. Eastern GOA. Other rockfish Central GOA. Eastern GOA. Atka mackerel GOA. Big skates Western GOA. Central GOA. Eastern GOA. Longnose skates Western GOA. Central GOA. Eastern GOA. Other skates GOA. Sculpins GOA. Sharks GOA. Octopuses GOA. [84 FR 2730, Feb. 8, 2019, as amended at 88 FR 53744, Aug. 8, 2023] Table 57 to Part 679—Groundfish LLP Licenses With Bering Sea or Aleutian Islands Area and Catcher/Processor Operation Endorsements Eligible for a BSAI Pacific Cod Trawl Mothership Endorsement [X indicates that Column A applies] Column A Column B The Holder of Groundfish License Number . . . Is eligible under 50 CFR 679.4(k)(15)(ii) to be assigned a BSAI Pacific Cod Trawl Mothership Endorsement. LLG 5009 X LLG 4692 X [84 FR 70071, Dec. 20, 2019] Table 58 to Part 679—Amendment 80 Sector Annual BSAI Pacific Halibut PSC Limits Table 58 to Part 679—Amendment 80 Sector Annual BSAI Pacific Halibut PSC Limits Eastern Bering Sea shelf trawl survey index (t) Survey index ranges Low High IPHC setline survey index in Area 4ABCDE (WPUE) High ≥11,000 1,745 mt 1,745 mt Medium 8,000-10,999 1,396 mt 1,571 mt Low 6,000-7,999 1,309 mt 1,396 mt Very Low <6,000 1,134 mt 1,134 mt [89 FR 77035, Sept. 20, 2024]

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