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of the Salmon FMP. For State of Alaska regulations governing these fisheries, see 5 Alaska Administrative Code
09 (Alaska Peninsula), 5 Alaska Administrative Code 21 (Cook Inlet), and 5
Alaska Administrative Code 24 (Prince
William Sound).
(5) For State of Alaska statutes and
regulations governing commercial fishing, see Alaska Statutes, title 16—Fish
and Game; title 5 of the Alaska Administrative Code, chapters 1-39.
(6) For State of Alaska statutes and
regulations governing sport and personal use salmon fishing other than
subsistence fishing, see Alaska Statutes, title 16—Fish and Game; 5 Alaska
Administrative Codes 42.010 through
75.995.
(7) For State of Alaska statutes and
regulations governing subsistence fishing, see Alaska Statutes, title 16—Fish
and Game; 5 Alaska Administrative
Codes 01, 02, 39, and 99.010.
(g) Scallops. Additional regulations
governing conservation and manage-
§ 679.4
ment of scallops off Alaska are contained in Alaska Statutes A.S. 16 and
Alaska Administrative Code at 5 AAC
Chapter 38.
[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]
§ 679.4 Permits.
(a) Requirements. Only persons who
are U.S. citizens are authorized to receive or hold permits under this section, with the exception that an IFQ
hired master permit or a CDQ hired
master permit need not be held by a
U.S. citizen.
(1) What permits are available? Various
types of permits are issued for programs codified at 50 CFR parts 300 and
679. These permits are listed in the following table. The date of effectiveness
for each permit is given along with certain reference paragraphs for further
information.
If program permit or card type is:
Permit is in effect from issue date
through the end of:
(i) IFQ:
(A) Registered buyer ..............................................
...................................................
Until expiration date shown on
permit.
Specified fishing year ....................
Specified fishing year ....................
...................................................
Specified fishing year ....................
Specified fishing year ....................
Paragraph (e) of this section
Paragraph (e) of this section
Indefinite
Indefinite
Indefinite
Indefinite
Calendar
Indefinite
Paragraph
Paragraph
Paragraph
Paragraph
Paragraph
Paragraph
(B) Halibut & sablefish permits ..............................
(C) Halibut & sablefish hired master permits ........
(ii) CDQ Halibut ......................................................
(A) Halibut permit ...................................................
(B) Halibut hired master permit .............................
(iii) AFA:
(A) Catcher/processor ............................................
(B) Catcher vessel .................................................
(C)Mothership ........................................................
(D) Inshore processor ............................................
(E) Inshore cooperative .........................................
(F) Replacement vessel .........................................
(iv) Groundfish:
(A) Federal fisheries ..............................................
(B) Federal processor ............................................
(v) Salmon permit ..........................................................
(vi) High Seas Fishing Compliance Act (HSFCA) ........
(vii) License Limitation Program (LLP):
(A) Groundfish license ...........................................
(B) Crab license .....................................................
(C) Scallop license .................................................
(viii) Exempted fisheries ................................................
(ix) Research .................................................................
(x) Prohibited species donation program:
(A) Salmon .............................................................
(B) Halibut ..............................................................
(xi) Special Subsistence Permits:
(A) Community Harvest Permit ..............................
(B) Ceremonial or Educational Permit ...................
(xii) Rockfish Program:
(A) CQ ....................................................................
(B) Rockfish Limited Access Fishery .....................
........................................
........................................
........................................
........................................
year ................................
........................................
Until expiration date shown on
permit.
Until expiration date shown on
permit.
Indefinite ........................................
5 years ...........................................
For more information, see . . .
Paragraph (d)(3)(ii) of this section
Paragraph (d)(1) of this section
Paragraph (d)(2) of this section
(l)
(l)
(l)
(l)
(l)
(l)
of
of
of
of
of
of
this
this
this
this
this
this
section
section
section
section
section
section
Paragraph (b) of this section
Paragraph (f) of this section
Paragraph (h) of this section
§ 300.10 of this title
Specified fishing year or interim
(active until further notice).
Specified fishing year or interim
(active until further notice).
Indefinite ........................................
1 year or less ................................
1 year or less ................................
Paragraph (k) of this section
Paragraph (g) of this section
§ 679.6
§ 600.745(a) of this chapter
3 years ...........................................
3 years ...........................................
§ 679.26
§ 679.26
1 year .............................................
30 days ..........................................
§ 300.65 of this title
§ 300.65 of this title
Specified fishing year ....................
Specified fishing year ....................
§ 679.81(e)(4)
§ 679.81(e)(5)
Paragraph (k) of this section
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
If program permit or card type is:
Permit is in effect from issue date
through the end of:
(C) Optout Fishery .................................................
(D) Rockfish Entry Level Fishery ...........................
(xiii) Amendment 80 Program:
(A) Amendment 80 QS permit ......................................
(B) CQ permit ................................................................
(C) Amendment 80 limited access fishery ....................
(xiv) Crab Rationalization Program permits
(A) Crab Quota Share permit ................................
(B) Crab Processor Quota Share permit ...............
(C) Crab Individual Fishing Quota (IFQ) permit ....
(D) Crab Individual Processor Quota (IPQ) permit
(E) Crab IFQ hired master permit ..........................
(F) Registered Crab receiver permit ......................
(G) Federal crab vessel permit ..............................
(H) Crab harvesting cooperative IFQ permit .........
Specified fishing year ....................
Specified fishing year ....................
§ 679.81(e)(6)
§ 679.81(e)(7)
Indefinite ........................................
Specified fishing year ....................
Specified fishing year ....................
see § 680.4 of this chapter ............
Indefinite ........................................
Indefinite ........................................
Specified fishing year ....................
Specified fishing year ....................
Specified fishing year ....................
Specified fishing year ....................
Specified fishing year ....................
Specified fishing year ....................
§ 679.90(b).
§ 679.91(b).
§ 679.91(b).
§ 680.4 of this chapter
§ 680.4(b) of this chapter
§ 680.4(c) of this chapter
§ 680.4(d) of this chapter
§ 680.4(e) of this chapter
§ 680.4(g) of this chapter
§ 680.4(i) of this chapter
§ 680.4(k) of this chapter
§ 680.21(b) of this chapter
(2) Permit and logbook required by participant and fishery. For the various
types of permits issued, refer to § 679.5
for recordkeeping and reporting requirements. For subsistence permits,
refer to § 300.65 of this title for recordkeeping and reporting requirements.
(3) Permit application. (i) A person
may obtain an application for a new
permit or for renewal or revision of an
existing permit for any of the permits
under this section and must submit
forms to NMFS as instructed in application instructions. With appropriate
software, all permit applications may
be completed online and printed from
the Alaska Region website at http://
alaskafisheries.noaa.gov.
(ii) Upon receipt of an incomplete or
improperly completed permit application, the Program Administrator,
RAM, 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.
No permit will be issued to an applicant until a complete application is received.
(iii) The operator, manager, Registered Buyer, or Registered Crab Receiver must obtain a separate permit
for each applicant, facility, or vessel,
as appropriate to each Federal permit
in
this section (§ 679.4) and retain a copy
of each permit application, whether the
application is requesting an initial permit or renewing or revising an existing
permit.
(iv) The information requested on the
application must be typed or printed
legibly.
For more information, see . . .
(v) All permits are issued free of
charge.
(4) [Reserved]
(5) Alteration. No person may alter,
erase, or mutilate any permit, card, or
document issued under this section.
Any such permit, card, or document
that is intentionally altered, erased, or
mutilated is invalid.
(6) Disclosure. NMFS will maintain a
list of permitted processors that may
be disclosed for public inspection.
(7) Sanctions and denials. Procedures
governing sanctions and denials are
found at subpart D of 15 CFR part 904.
Such procedures are required for enforcement purposes, not administrative
purposes.
(8) Harvesting privilege. Quota shares,
permits, or licenses issued pursuant to
this part are neither a right to the resource nor any interest that is subject
to the ‘‘takings’’ provision of the Fifth
Amendment to the U.S. Constitution.
Rather, such quota shares, permits, or
licenses represent only a harvesting
privilege that may be revoked or
amended subject to the requirements of
the Magnuson-Stevens Act and other
applicable law.
(9) Permit surrender. The Regional Administrator will recognize the voluntary surrender of a permit issued in
this section, § 679.4, if a permit may be
surrendered and it is submitted by the
person named on the permit, owner of
record, or agent. Submit the original
permit to Program Administrator,
RAM Program, P.O. Box 21668, Juneau,
AK 99802, by certified mail or other
method that provides written evidence
that NMFS Alaska Region received it.
The receiving date of signature by
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NMFS staff is the date the permit was
surrendered.
(b) Federal fisheries permit (FFP)—(1)
Groundfish. No vessel of the United
States may be used to fish for groundfish in the GOA or BSAI unless the
owner first obtains a Federal fisheries
permit for the vessel, issued under this
part. A Federal fisheries permit is
issued without charge.
(2) Non-groundfish. A vessel of the
United States that fishes in the GOA or
BSAI for any non-groundfish species,
including but not limited to halibut,
crab, salmon, scallops, and herring, and
that is required to retain any bycatch
of groundfish under this part must obtain a Federal fisheries permit under
this part.
(3) Vessel operations categories. An
FFP authorizes a vessel owner to deploy a vessel to conduct operations in
the GOA or BSAI under the following
categories: Catcher vessel, catcher/
processor, mothership, tender vessel, or
support vessel. A vessel may not be operated in a category other than as
specified on the FFP, except that a
catcher
vessel,
catcher/processor,
mothership, or tender vessel may be
operated as a support vessel.
(4) Duration—(i) Length of permit effectiveness. An FFP is in effect from the
effective date through the expiration
date, 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.
(ii) Surrendered permit. An FFP permit may be voluntarily surrendered in
accordance with paragraph (a)(9) of
this section. An FFP may be reissued
to the permit holder of record in the
same fishing year in which it was surrendered. Contact NMFS/RAM by telephone, locally at 907–586–7202 (Option
#2) or toll-free at 800–304–4846 (Option
#2).
(iii) Amended permit. An owner or operator, who applied for and received an
FFP, must notify NMFS of any change
in the permit information by submitting an FFP application found at the
NMFS
website
at
http://
alaskafisheries.noaa.gov as instructed on
the application form. Upon receipt and
approval of a permit amendment, the
§ 679.4
Program Administrator, RAM, will
issue an amended FFP.
(5) Contents of an FFP application. To
obtain a Federal fisheries permit, the
owner must complete a Federal fisheries permit application and provide
the following information for each vessel to be permitted:
(i) New or amended application? Indicate whether application is for a new
or amended Federal fisheries permit
and if revision, enter the current Federal fisheries permit number.
(ii) Owner information. Indicate the
name(s), permanent business mailing
address, business telephone number,
business FAX number, and business email address of the owner; and if applicable, the name of any person or company (other than the owner) that manages the operations of the vessel.
(iii) Vessel information. Indicate the
vessel name and homeport (city and
state); U.S. Coast Guard (USCG) documentation number; ADF&G vessel registration number; ADF&G processor
code; vessel’s LOA (ft), registered
length (ft), gross tonnage, net tonnage,
and shaft horsepower; and whether this
is a vessel of the United States.
(iv) Area and gear information. Indicate the type of vessel operation. If
catcher/processor or catcher vessel, indicate only the gear types used for
groundfish fishing. If the vessel is a
catcher/processor under 125 ft (18.3 m)
LOA that is intended to process GOA
inshore pollock or GOA inshore Pacific
cod, mark the box for a GOA inshore
processing endorsement.
(v) Signature. The owner or agent of
the owner of the vessel must sign and
date the application. If the owner is a
company, the agent of the owner must
sign and date the application.
(vi) Atka mackerel, pollock, and Pacific
cod directed fisheries.
(A) Indicate use of pot, hook-andline, or trawl gear in the directed fisheries for pollock, Atka mackerel, or
Pacific cod.
(B) Selections for species endorsements will remain valid until an FFP
is amended to remove those endorsements or the permit with these endorsements is surrendered or revoked.
(6) Issuance. (i) Except as provided in
subpart D of 15 CFR part 904, upon receipt of a properly completed permit
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
application, the Regional Administrator will issue a Federal fisheries
permit required by this paragraph (b).
(ii) The Regional Administrator will
send the Federal fisheries permit to the
applicant
with
the
appropriate
logbooks, as provided under § 679.5.
(iii) NMFS will reissue a Federal
fisheries permit to any person who
holds a Federal fisheries permit issued
for a vessel if that vessel was used to
make any legal rockfish landings and
is subject to a sideboard limit as described under § 679.82(d) through (h).
(iv) NMFS will reissue a Federal fisheries permit to any person who holds a
Federal fisheries permit issued to an
Amendment 80 vessel.
(7) Amended application. If the application for an amended permit required
under this section designates a change
or addition of a vessel operations category, the amended permit must be on
board the vessel before the new type of
operations begins.
(8) Transfer. A Federal fisheries permit issued under this paragraph (b) is
not transferable or assignable and is
valid only for the vessel for which it is
issued.
(9) Inspection. (i) An original Federal
fisheries permit issued under this paragraph (b) must be carried on board the
vessel whenever the vessel is fishing.
Photocopied or faxed copies are not
considered originals.
(ii) A permit issued under this paragraph (b) must be presented for inspection upon the request of any authorized
officer.
(c) [Reserved]
(d) IFQ permits, IFQ hired master permits, and Registered Buyer permits. The
permits described in this section are
required in addition to the permit and
licensing requirements prescribed in
the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of this title and in the
permit requirements of this section.
(1) IFQ permit. (i) An IFQ permit authorizes the person identified on the
permit to harvest IFQ halibut or IFQ
sablefish from a specified IFQ regulatory area at any time during an open
fishing season during the fishing year
for which the IFQ permit is issued
until the amount harvested is equal to
the amount specified under the permit,
or until the permit is revoked, suspended, surrendered in accordance with
paragraph (a)(9) of this section, or
modified under 15 CFR part 904.
(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. Contact NMFS/RAM for more information locally at 907–586–7202 (Option #2) or toll-free at 800–304–4846 (Option #2).
(2) IFQ hired master permit. (i) An IFQ
hired master permit authorizes the individual identified on the IFQ hired
master permit to land IFQ halibut or
IFQ sablefish for debit against the
specified IFQ permit until the IFQ
hired master permit expires, or is revoked, suspended, surrendered in accordance with paragraph (a)(9) of this
section, or modified under 15 CFR part
904, or cancelled on request of the IFQ
permit holder.
(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
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Fishery Conservation and Management
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. Contact
NMFS/RAM for more information by
telephone, locally at 907–586–7202 (Option #2) or toll-free at 800–304–4846 (Option #2).
(3) Registered Buyer permit. (i) A Registered Buyer permit authorizes the
person identified on the permit to receive and make an IFQ landing by an
IFQ permit holder or IFQ hired master
permit holder or to receive and make a
CDQ halibut landing by a CDQ permit
holder or CDQ hired master permit
holder at any time during the fishing
year for which it is issued until the
Registered Buyer permit expires, or is
revoked, suspended, surrendered in accordance with paragraph (a)(9) of this
section, or modified under 15 CFR part
904.
(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 a 3-year cycle by the Regional Administrator to persons that
have a Registered Buyer application
approved by the Regional Administrator.
(iv) A Registered Buyer permit is in
effect from the first day of the year for
which it is issued or from the date of
issuance, whichever is later, through
the end of the current NMFS 3-year
cycle, unless it is revoked, suspended,
surrendered in accordance with paragraph (a)(9) of this section, or modified
§ 679.4
under § 600.735 or § 600.740 of this chapter.
(v) 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. Contact
NMFS/RAM for more information by
telephone, locally at 907–586–7202 (Option #2) or toll-free at 800–304–4846 (Option #2).
(4) Issuance. The Regional Administrator will issue IFQ permits and IFQ
hired master permits annually or at
other times as needed to accommodate
transfers, revocations, appeals resolution, and other changes in QS or IFQ
holdings, and designation of masters
under § 679.42.
(5) Transfer. The quota shares and
IFQ issued under this section are not
transferable, except as provided under
§ 679.41. IFQ hired master permits and
Registered Buyer permits issued under
this paragraph (d) are not transferable.
(6) Inspection—(i) IFQ permit and IFQ
hired master permit. (A) The IFQ permit
holder must present a legible copy of
the IFQ permit for inspection on request of any authorized officer or Registered Buyer receiving IFQ species.
(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. A legible
copy of the Registered Buyer permit
must be present at the location of an
IFQ landing or CDQ halibut landing
and must be made available by an individual representing the Registered
Buyer for inspection on request of any
authorized officer.
(7) Validity. An IFQ permit issued
under this part is valid only if the IFQ
permit holder has paid all IFQ fees that
are due as a result of final agency action as specified in §§ 679.45 and
679.5(l)(7)(ii).
(e) Halibut CDQ permits and CDQ hired
master permits—(1) Requirements. (i) The
CDQ group, the operator of the vessel,
the manager of a shoreside processor or
stationary floating processor, and the
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
Registered Buyer must comply with
the requirements of this paragraph (e)
and of paragraph § 679.32(f) for the
catch of CDQ halibut.
(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. The CDQ
group must obtain a halibut CDQ permit issued by the Regional Administrator. The vessel operator must have a
legible copy of the halibut CDQ permit
on any fishing vessel operated by, or
for, a CDQ group that will have halibut
CDQ onboard and must make the permit available for inspection by an authorized officer. The halibut CDQ permit is non-transferable and is issued
annually until revoked, suspended, surrendered, or modified. A halibut CDQ
permit may be voluntarily surrendered
in accordance with paragraph (a)(9) of
this section. The halibut CDQ permit
will not be reissued in the same fishing
year in which it was surrendered, but a
new annual halibut CDQ permit may be
issued in a subsequent fishing year to
the CDQ group entitled to a CDQ halibut allocation. Contact NMFS/RAM
for more information by telephone, locally at 907–586–7202 (Option #2) or tollfree at 800–304–4846 (Option #2).
(3) An individual must have onboard
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.
Contact NMFS/RAM for more information by telephone, locally at 907–586–
7202 (Option #2) or toll-free at 800–304–
4846 (Option #2).
(4) Alteration. No person may alter,
erase, mutilate, or forge a halibut CDQ
permit, hired master permit, Registered Buyer permit, or any valid or
current permit or document issued
under this part. Any such permit or
document that has been intentionally
altered, erased, mutilated, or forged is
invalid.
(5) Landings. A person may land CDQ
halibut only if he or she has a valid
halibut CDQ hired master permit. The
person(s) holding the halibut CDQ
hired master permit and the Registered
buyer must comply with the requirements of § 679.5(g) and (l)(1) through (6).
(f) Federal processor permit (FPP)—(1)
Requirement. No shoreside processor of
the United States or stationary floating processor may receive or process
groundfish harvested in the GOA or
BSAI, unless the owner first obtains a
Federal processor permit issued under
this part. A Federal processor permit is
issued without charge.
(2) Contents of an FPP application. To
obtain an FPP, the owner must complete an FPP application and provide
the following information (see paragraphs (f)(2)(i) through (v) of this section for each SFP and shoreside processor plant to be permitted):
(i) New or amended permit. Indicate
whether application is for a new or
amended FPP; and if an amended permit, provide the current FPP number.
Indicate whether application is for a
shoreside processor or an SFP.
(ii) Owner information. Indicate the
name(s), permanent business mailing
address, business telephone number,
business fax number, and business
email address of all owners, and if applicable, the name of any person or
company (other than the owner) who
manages the operations of the shoreside processor or SFP.
(iii) SFP information. Indicate the
vessel name; whether this is a vessel of
the United States; USCG documentation number; ADF&G vessel registration number; ADF&G processor code;
the vessel’s LOA (ft); registered length
(ft); gross tonnage; net tonnage; shaft
horsepower; homeport (city and state);
and whether choosing to receive a GOA
inshore processing endorsement. A
GOA inshore processing endorsement is
required in order to process GOA
inshore pollock and GOA inshore Pacific cod.
(iv) Shoreside processor information. Indicate the shoreside processor’s name;
permanent business mailing address;
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physical location of plant at which the
shoreside
processor
is
operating
(street, city, state, zip code); whether
the shoreside processor is replacing a
previous processor at this facility (YES
or NO, and if YES, name of previous
processor); whether multiple processing businesses are using this plant;
whether the owner named in paragraph
(f)(2)(ii) of this section owns this plant;
ADF&G processor code; business telephone number; business fax number;
and business e-mail address.
(v) Signature. The owner or agent of
the owner of the shoreside processor or
SFP must sign and date the application. If the owner is a company, the
agent of the owner must sign and date
the application.
(3) Issuance. Upon receipt of a properly completed permit application, the
Regional Administrator will issue a
Federal processor permit required by
this paragraph (f).
(4) Duration—(i) Length of effectiveness. An FPP is in effect from the effective date through the date of permit
expiration, 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.
(ii) Surrendered permit. An FPP may
be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An FPP may be reissued to the
permit holder of record in the same
fishing year in which it was surrendered. Contact NMFS/RAM for more information by telephone, locally at 907–
586–7202 (Option #2) or toll-free at 800–
304–4846 (Option #2).
(iii) Amended permit. An owner or operator, who applied for and received an
FPP, must notify NMFS of any change
in the permit information by submitting an FPP application found at the
NMFS
website
at
http://
alaskafisheries.noaa.gov. The owner or
operator must submit the application
as instructed on the application form.
Upon receipt and approval of a permit
amendment, the Program Administrator, RAM, will issue an amended
FPP.
(5) Transfer. A Federal processor permit issued under this paragraph (f) is
not transferable or assignable and is
§ 679.4
valid only for the processor for which
it is issued.
(6) Inspection. (i) An original Federal
processor permit issued under this
paragraph (f) must be on site at the
shoreside processor, or stationary
floating
processor
at
all
times.
Photocopied or faxed copies are not
considered originals.
(ii) A permit issued under this paragraph (f) must be presented for inspection upon the request of any authorized
officer.
(g) Scallop LLP—(1) General requirements. (i) In addition to the permit and
licensing requirements prescribed in
this part, each vessel within the EEZ
off Alaska that is catching and retaining scallops, must have an original
scallop LLP license onboard at all
times it is catching and retaining scallops. This scallop LLP license, issued
by NMFS, authorizes the person named
on the license to catch and retain scallops in compliance with State of Alaska regulations and only with a vessel
that does not exceed the maximum
LOA specified on the license and the
gear designation specified on the license.
(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. Contact NMFS/RAM
for more information by telephone, locally at 907–586–7202 (Option #2) or tollfree at 800–304–4846 (Option #2).
(2) Qualifications for a scallop LLP license. A scallop LLP license will be
issued to an eligible applicant who:
(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. A scallop license authorizes
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
the license holder to catch and retain
scallops only if the vessel length and
gear used do not exceed the vessel
length and gear endorsements specified
on the license. These endorsements will
be determined as follows.
(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—(i)
General. The Regional Administrator
will issue a scallop license to an applicant if a complete application is submitted by or on behalf of the applicant
during the specified application period,
and if that applicant meets all the criteria for eligibility in this part. An application that is postmarked or hand
delivered after the ending date for the
application period for the scallop LLP
specified in paragraph § 679.4(g)(4)(ii)
will be denied. An application form will
be sent to the last known address of
the person identified as an eligible applicant by the official LLP record. An
application form may be requested
from the Regional Administrator.
(ii) Application Period. January 16,
2001, through February 12, 2001.
(iii) Contents of application. To be
complete, an application for a scallop
license must be signed and dated by the
applicant, or the individual representing the applicant, and contain
the following information, as applicable:
(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. If an applicant is applying as the successor-in-interest to an eligible applicant, an application, to be complete, also must
contain valid evidence proving the applicant’s status as a successor-in-interest to that eligible applicant and:
(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. The Regional Administrator will evaluate an
application submitted during the specified application period and compare all
claims in the application with the information in the official LLP record.
Claims in the application that are consistent with information in the official
LLP record will be accepted by the Regional
Administrator.
Inconsistent
claims in the application, unless
verified by evidence, will not be accepted. An applicant who submits inconsistent claims, or an applicant who
fails to submit the information specified in paragraphs (g)(4)(iii) and
(g)(4)(iv) of this section, will be provided a 60-day evidentiary period pursuant to paragraph (g)(4)(vii) of this
section to submit the specified information, submit evidence to verify his
or her inconsistent claims, or submit a
revised application with claims consistent with information in the official
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Fishery Conservation and Management
LLP record. An applicant who submits
claims that are inconsistent with information in the official LLP record has
the burden of proving that the submitted claims are correct.
(vi) Additional information or evidence.
The Regional Administrator will evaluate additional information or evidence
to support an applicant’s inconsistent
claims submitted within the 60-day evidentiary period pursuant to paragraph
(g)(4)(vii) of this section. If the Regional Administrator determines that
the additional information or evidence
meets the applicant’s burden of proving
that the inconsistent claims in his or
her application are correct, the official
LLP record will be amended and the information will be used in determining
whether the applicant is eligible for a
license. However, if the Regional Administrator determines that the additional information or evidence does not
meet the applicant’s burden of proving
that the inconsistent claims in his or
her application is correct, the applicant will be notified by an initial administrative determination, pursuant
to paragraph (g)(4)(viii) of this section,
that the applicant did not meet the
burden of proof to change the information in the official LLP record.
(vii) 60-day evidentiary period. The Regional Administrator will specify by
letter a 60-day evidentiary period during which an applicant may provide additional information or evidence to
support the claims made in his or her
application, or to submit a revised application with claims consistent with
information in the official LLP record,
if the Regional Administrator determines that the applicant did not meet
the burden of proving that the information on the application is correct
through evidence provided with the application. Also, an applicant who fails
to submit information as specified in
paragraphs (g)(4)(iii) and (g)(4)(iv) of
this section will have 60 days to provide that information. An applicant
will be limited to one 60-day evidentiary period. Additional information or evidence, or a revised application, received after the 60-day evidentiary period specified in the letter
has expired will not be considered for
purposes of the initial administrative
determination.
§ 679.4
(viii) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to
the applicant following the expiration
of the 60-day evidentiary period if the
Regional Administrator determines
that the information or evidence provided by the applicant fails to support
the applicant’s claims and is insufficient to rebut the presumption that
the official LLP 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 60-day evidentiary period. The
IAD will indicate the deficiencies in
the application, including any deficiencies with the information, the evidence submitted in support of the information, or the revised application.
The IAD will also indicate which
claims cannot be approved based on the
available information or evidence. An
applicant who receives an IAD may appeal pursuant to § 679.43. An applicant
who avails himself or herself of the opportunity to appeal an IAD will not receive a transferable license until after
the final resolution of that appeal in
the applicant’s favor.
(ix) Issuance of a non-transferable license. The Regional Administrator will
issue a non-transferable license to the
applicant at the same time notification
is provided to the applicant of his or
her 60-day evidentiary period if
issuance is required by the license renewal provisions of 5 U.S.C. 558. A nontransferable license authorizes a person
to catch and retain scallops as specified on the non-transferable license,
and will have the specific endorsements and designations based on the
claims in his or her application. A nontransferable license will expire upon
final agency action.
(5) Transfer of a Scallop License—(i)
General. The Regional Administrator
will approve the transfer of a scallop license if a complete transfer application
is submitted to Restricted Access Management, Alaska Region, NMFS, and if
the transfer meets all the eligibility
criteria as specified in paragraph
(g)(5)(ii) of this section. An application
form may be requested from the Regional Administrator.
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
(ii) Eligibility criteria for transfers. A
scallop license can be transferred if:
(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.
To be complete, an application for a
scallop license transfer must be signed
by the license holder and the designated transferee, or the individuals
representing them, and contain the following information, as applicable:
(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. The Regional Administrator will return an incomplete transfer application to the
applicant and identify any deficiencies
if the Regional Administrator determines that the application does not
meet all the criteria identified in paragraph (g)(5) of this section.
(v) Transfer by court order, operation of
law, or as part of a security agreement.
The Regional Administrator will transfer a scallop license based on a court
order, operation of law, or a security
agreement if the Regional Administrator determines that the transfer application is complete and the transfer
will not violate any of the provisions of
this section.
(h) Salmon permits—(1) Operators of
commercial fishing vessels using power
troll gear. The operator of a fishing vessel using power troll gear may engage
in commercial fishing for salmon in
the Salmon Management Area if the
operator:
(i) Held a valid State of Alaska power
troll permanent entry permit on May
15, 1979, or is a transferee under paragraph (h)(13) of this section from an operator who held such a permit on that
date;
(ii) Held a valid State of Alaska
power troll interim use permit on May
15, 1979; or
(iii) Holds a Salmon Fishery permit
issued by the Regional Administrator
under paragraph (h)(7) of this section.
(2) Crew members and other persons not
the operator of a commercial fishing vessel
using power troll gear. Crew members or
other persons aboard but not the operator of a fishing vessel may assist in
the vessel’s commercial salmon fishing
operations in the High Seas Management Area without a permit if a person
described in paragraph (h)(1)(i) through
(iii) of this section is also aboard the
vessel and is engaged in the vessel’s
commercial fishing operations.
(3) Personal use fishing. Any person
who holds a valid State of Alaska sport
fishing license may engage in personal
use fishing in the Salmon Management
Area.
(4) Duration. Authorization under
this paragraph (h) to engage in fishing
for salmon in the Salmon Management
Area constitutes a use privilege which
may be revoked or modified without
compensation.
(5) Eligibility criteria for permits issued
by the Regional Administrator. (i) Any
person is eligible to be issued a Salmon
Fishery permit under paragraph (h)(7)
of this section if that person, during
any one of the calendar years 1975, 1976,
or 1977:
(A) Operated a fishing vessel in the
Salmon Management Area.
(B) Engaged in commercial fishing
for salmon in the Salmon Management
Area.
(C) Caught salmon in the Salmon
Management Area using power troll
gear.
(D) Landed such salmon.
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Fishery Conservation and Management
(ii) The following persons are not eligible to be issued a Salmon Fishery
permit under paragraph (h)(7) of this
section:
(A) Persons described in paragraph
(h)(1)(i) or (h)(1)(ii) of this section.
(B) Persons who once held but no
longer hold a State of Alaska power
troll permanent entry or interim-use
permit.
(6) Application. Applications for a
Salmon Fishery permit must be in
writing, signed by the applicant, and
submitted to the Regional Administrator, at least 30 days prior to the
date the person wishes to commence
fishing, and must include:
(i) The applicant’s name, mailing address, and telephone number.
(ii) The vessel’s name, USCG documentation number or State of Alaska
registration number, home port, length
overall, registered tonnage, and color
of the fishing vessel.
(iii) The type of fishing gear used by
the fishing vessel.
(iv) State of Alaska fish tickets or
other equivalent documents showing
the actual landing of salmon taken in
the Salmon Management Area by the
applicant with power troll gear during
any one of the years 1975 to 1977.
(7) Issuance. (i) Except as provided in
subpart D of 15 CFR part 904, upon receipt of a properly completed application, the Regional Administrator will
determine whether the permit eligibility conditions have been met, and if
so, will issue a Salmon Fishery permit.
(ii) If the permit is denied, the Regional Administrator will notify the
applicant in accordance with paragraph
(h)(16) of this section.
(iii) If an incomplete or improperly
completed permit application is filed,
the Regional Administrator will notify
the applicant of the deficiency. If the
applicant fails to correct the deficiency
within 30 days following the date of receipt of notification, the application
shall be considered abandoned.
(8) Amended application. Any person
who applies for and receives a Salmon
Fishery permit issued under paragraph
(h)(7) of this section must notify the
Regional Administrator within 30 days
of a change in any of the information
submitted under paragraph (h)(6) of
this section.
§ 679.4
(9) Replacement. Replacement permits
may be issued for lost or unintentionally mutilated permits. An application
for a replacement permit shall not be
considered a new application.
(10) Display. Any permit or license described in paragraph (h)(1) or (h)(3) of
this section must be on board the vessel at all times while the vessel is in
the Salmon Management Area.
(11) Inspection. Any permit or license
described in paragraph (h)(1) or (h)(3) of
this section must be presented for inspection upon request by an authorized
officer.
(12) Sanctions. Procedures governing
permit sanctions and denials are found
at subpart D of 15 CFR part 904.
(13) Transfer of authority to fish in the
Salmon Management Area—(i) State of
Alaska power troll permanent entry permits. The authority of any person to engage in commercial fishing for salmon
using power troll gear in the Salmon
Management Area shall expire upon
the transfer of that person’s State of
Alaska power troll permanent entry
permit to another and shall be transferred to the new holder of that permit.
(ii) Transfer of Authority by the Regional Administrator. (A) Any person to
whom the proposed transfer of a State
of Alaska power troll permanent entry
permit is denied by the State of Alaska
may apply, with the consent of the current holder of that permit, to the Regional Administrator for transfer to
the applicant of the current holder’s
authority to engage in commercial
fishing for salmon using power troll
gear in the Salmon Management Area.
(B) The application for transfer shall
be filed with the Regional Administrator within 30 days of the denial by
the State of Alaska of the proposed
transfer of the permit.
(C) The application for transfer shall
include all documents and other evidence submitted to the State of Alaska
in support of the proposed transfer of
the permit and a copy of the State of
Alaska’s decision denying the transfer
of the permit. The Regional Administrator may request additional information from the applicant or from the
State of Alaska to assist in the consideration of the application.
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
(D) The Regional Administrator shall
approve the transfer if it is determined
that:
(1) The applicant had the ability to
participate actively in the fishery at
the time the application for transfer of
the permit was filed with the State of
Alaska.
(2) The applicant has access to power
troll gear necessary for participation
in the fishery.
(3) The State of Alaska has not instituted proceedings to revoke the permit
on the ground that it was fraudulently
obtained.
(4) The proposed transfer of the permit is not a lease.
(E) Upon approval of the transfer application by the Regional Administrator, the authority of the permit
holder to engage in commercial fishing
for salmon in the Salmon Management
Area using power troll gear shall expire, and that authority shall be transferred to the applicant.
(14) Other Permits. (i) Except for emergency transfers under paragraph (h)(15)
of this section, the authority of any
person described in paragraph (h)(1)(ii),
(h)(1)(iii), or (h)(3) of this section to
fish for salmon in the Salmon Management Area, may not be transferred to
any other person.
(ii) Except for emergency transfers
under paragraph (h)(15) of this section,
the authority to engage in commercial
fishing for salmon which was transferred under paragraph (h)(13)(ii) of
this section may not be transferred to
any other person except the current
holder of the State of Alaska power
troll permanent entry permit from
which that authority was originally derived.
(iii) The authority described in paragraph (h)(14)(ii) of this section may be
transferred to the current holder of
that permit upon receipt of written notification of the transfer by the Regional Administrator.
(15) Emergency transfers—authority to
use power troll gear. (i) The authority of
any person to engage in commercial
fishing for salmon using power troll
gear in the Salmon Management Area
may be transferred to another person
for a period not lasting beyond the end
of the calendar year of the transfer
when sickness, injury, or other un-
avoidable hardship prevents the holder
of that authority from engaging in
such fishing.
(ii) Such a transfer shall take effect
automatically upon approval by the
State of Alaska of an emergency transfer of a State of Alaska power troll
entry permit, in accordance with the
terms of the permit transfer.
(iii) Any person may apply to the Regional Administrator for emergency
transfer of the current holder’s authority to engage in commercial fishing for
salmon using power troll gear in the
Salmon Management Area for a period
not lasting beyond the calendar year of
the proposed transfer, if a person:
(A) Is denied emergency transfer of a
State of Alaska power troll entry permit by the State of Alaska; or
(B) Requests emergency transfer of a
Federal commercial power troll permit
previously issued by the Regional Administrator, with the consent of the
current holder of that permit.
(iv) The Regional Administrator
shall approve the transfer if he determines that:
(A) Sickness, injury, or other unavoidable hardship prevents the current permit holder from engaging in
such fishing.
(B) The applicant had the ability to
participate actively in the fishery at
the time the application for emergency
transfer of the permit was filed with
the State of Alaska or, in the case of a
Federal permit, with the Regional Administrator.
(C) The applicant has access to power
troll gear necessary for participation
in the fishery.
(D) The State of Alaska has not instituted proceedings to revoke the permit
on the grounds that it was fraudulently
obtained.
(v) The application in the case of a
State of Alaska permit shall be filed
with the Regional Administrator within 30 days of the denial by the State of
Alaska of emergency transfer of the
permit.
(vi) The application shall include all
documents and other evidence submitted to the State of Alaska in support of the proposed emergency transfer of the permit and a copy of the
State of Alaska’s decision denying the
emergency transfer of the permit. The
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Regional Administrator may request
additional information from the applicant or from the State of Alaska to assist in the consideration of the application.
(vii) Upon approval of the application
by the Regional Administrator, the authority of the permit holder to engage
in commercial fishing for salmon using
power troll gear in the Salmon Management Area shall expire for the period of the emergency transfer, and
that authority shall be transferred to
the applicant for that period.
(16) Appeals and hearings. (i) A decision by the Regional Administrator to
deny a permit under paragraph (h)(7) of
this section or to deny transfer of authority to engage in commercial fishing for salmon in the Salmon Management Area under paragraphs (h)(13) and
(h)(14) of this section will:
(A) Be in writing.
(B) State the facts and reasons therefor.
(C) Advise the applicant of the rights
provided in this paragraph (h)(16).
(ii) Any such decision of the Regional
Administrator shall be final 30 days
after receipt by the applicant, unless
an appeal is filed with the NOAA/NMFS
Assistant Administrator within that
time.
(iii) Failure to file a timely appeal
shall constitute waiver of the appeal.
(iv) Appeals under this paragraph
(h)(16) must:
(A) Be in writing.
(B) Set forth the reasons why the appellant believes the Regional Administrator’s decision was in error.
(C) Include any supporting facts or
documentation.
(v) At the time the appeal is filed
with the Assistant Administrator, the
appellant may request a hearing with
respect to any disputed issue of material fact. Failure to request a hearing
at this time will constitute a waiver of
the right to request a hearing.
(vi) If a hearing is requested, the Assistant Administrator may order an informal fact-finding hearing if it is determined that a hearing is necessary to
resolve material issues of fact and shall
so notify the appellant.
(vii) If the Assistant Administrator
orders a hearing, the order will appoint
§ 679.4
a hearing examiner to conduct the
hearing.
(viii) Following the hearing, the
hearing examiner shall promptly furnish the Assistant Administrator with
a report and appropriate recommendations.
(ix) As soon as practicable after considering the matters raised in the appeal, and any report or recommendation of the hearing examiner in the
event a hearing is held under this paragraph (h)(16), the Assistant Administrator shall decide the appeal.
(x) The Assistant Administrator shall
promptly notify the appellant of the
final decision. Such notice shall set
forth the findings of the Assistant Administrator and set forth the basis of
the decision. The decision of the Assistant Administrator shall be the final
administrative action of the Department of Commerce.
(i) Exempted fisheries permits. (See
§ 679.6.)
(j) Prohibited species donation program
permits. (See § 679.26(a)(3).)
(k) Licenses for license limitation (LLP)
groundfish or crab species—(1) General requirements. (i) In addition to the permit
and licensing requirements of this part,
and except as provided in paragraph
(k)(2) of this section, each vessel within
the GOA or the BSAI must have an
LLP groundfish license on board at all
times it is engaged in fishing activities
defined in § 679.2 as directed fishing for
license limitation groundfish. This
groundfish license, issued by NMFS to
a qualified person, authorizes a license
holder to deploy a vessel to conduct directed fishing for license limitation
groundfish only in accordance with the
specific area and species endorsements,
the vessel and gear designations, and
the MLOA specified on the license.
(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:
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
(A) Aleutian Islands red king crab in
waters of the EEZ with an eastern
boundary the longitude of Scotch Cap
Light (164°44′ W. long.) to 53°30′ N. lat.,
then west to 165° W. long., a western
boundary of 174° W. long., 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 174°
W. long.;
(B) Aleutian Islands Area C. opilio
and C. bairdi in waters of the EEZ with
an eastern boundary the longitude of
Scotch Cap Light (164°44′ W. long.) to
53°30′ N. lat., then west to 165° W. long,
a western boundary of the Maritime
Boundary Agreement Line as that line
is described in the text of and depicted
in the annex to the Maritime Boundary
Agreement between the United States
and the Union of Soviet Socialist Republics signed in Washington, June 1,
1990, and as the Maritime Boundary
Agreement Line as depicted on NOAA
Chart No. 513 (6th edition, February 23,
1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and a northern
boundary of a line from the latitude of
Cape Sarichef (54°36′ N. lat.), with a
southern boundary of 54°30′ N. lat. to
171° W. long., and then south to 54 36′ N.
lat.;
(C) 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.;
(D) Minor Species endorsement includes:
(1) Bering Sea golden king crab
(Lithodes aequispinus) in waters of the
EEZ east of the Maritime Boundary
Agreement Line as that line is described in the text of and depicted in
the annex to the Maritime Boundary
Agreement between the United States
and the Union of Soviet Socialist Republics signed in Washington, June 1,
1990, and as the Maritime Boundary
Agreement Line as depicted on NOAA
Chart No. 513 (6th edition, February 23,
1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), with a southern boundary of 54°36′ N. lat. to 171° W.
long., and then south to 54°30′ N. lat.
(2) Scarlet or deep sea king crab
(Lithodes couesi) in the waters of the
Bering Sea and Aleutian Islands Area;
(3) Grooved Tanner crab (Chionoecetes
tanneri) in the waters of the Bering Sea
and Aleutian Islands Area; and
(4) Triangle Tanner crab (Chionoecetes
angulatus) in the waters of the Bering
Sea and Aleutian Islands Area.
(2) Exempt vessels. Notwithstanding
the requirements of paragraph (k)(1) of
this section,
(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; or
(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.
(3) Vessel and gear designations and
vessel
length
categories—(i)
Vessel
MLOA—(A) General. A license may be
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used only on a vessel named on the license, a vessel that complies with the
vessel designation and gear designation
specified on the license, and a vessel
that has an LOA less than or equal to
the MLOA specified on the license;
(B) Modification of license MLOA for
groundfish licenses with a Pacific cod endorsement in the GOA. (1) A groundfish
license with a specified MLOA less
than or equal to 50 feet prior to April
21, 2011 that subsequently receives a
Pacific cod endorsement in the GOA
with a catcher vessel and pot gear designation as specified under paragraph
(k)(10) of this section will be redesignated with an MLOA of 50 feet on the
date that the Pacific cod endorsement
is assigned to that groundfish license;
(2) A groundfish license with a specified MLOA greater than or equal to 60
feet:
(i) That was continuously assigned to
a single vessel less than 60 feet LOA
from January 1, 2002, through December 8, 2008; and
(ii) That met the landing thresholds
applicable for a groundfish license with
a specified MLOA of less than 60 feet
for the specific gear designation(s) and
regulatory area(s) applicable to that
groundfish license as described in paragraph (k)(10) of this section, will be redesignated with an MLOA equal to the
LOA of the vessel to which that
groundfish license was assigned from
January 1, 2002, through December 8,
2008, based on the LOA for that vessel
in NMFS’ non-trawl gear recent participation official record on April 21,
2011, or as specified by a marine survey
conducted by an independent certified
marine surveyor or naval architect
provided that the license holder provides NMFS with a marine survey conducted by an independent certified marine surveyor or naval architect not
later than 90 days after April 21, 2011
that specifies the LOA of the vessel to
which that groundfish license was assigned.
(3) The MLOA specified on a groundfish
license
under
paragraph
(k)(3)(i)(B)(2) of this section may not
exceed 60 feet.
(ii) Vessel designations—(A) Catcher/
processor vessel. A license will be assigned a catcher/processor vessel designation if:
§ 679.4
(1) For license limitation groundfish,
license limitation groundfish were
processed on the vessel that qualified
for the groundfish license under paragraph (k)(4) of this section during the
period January 1, 1994, through June 17,
1995, or in the most recent calendar
year of participation during the area
endorsement qualifying period specified in paragraph (k)(4)(ii) of this section; or
(2) For crab species, crab species were
processed on the vessel that qualified
for the crab species license under paragraph (k)(5) of this section during the
period January 1, 1994, through December 31, 1994, or in the most recent calendar year of participation during the
area endorsement qualifying period
specified in paragraph (k)(5)(ii) of this
section.
(3) For purposes of paragraphs
(k)(3)(ii)(A)(1) and (k)(3)(ii)(A)(2) of this
section, evidence of processing must be
demonstrated by production reports or
other
valid
documentation
demonstrating that processing occurred on
the vessel during the relevant period.
(B) Catcher vessel. A license will be
assigned a catcher vessel designation if
it does not meet the criteria in paragraph (k)(3)(ii)(A)(1) or (k)(3)(ii)(A)(2)
of this section to be assigned a catcher/
processor vessel designation.
(C) Changing a vessel designation. A
person who holds a groundfish license
or a crab species license with a catcher/
processor vessel designation may, upon
request to the Regional Administrator,
have the license reissued with a catcher vessel designation. The vessel designation change to a catcher vessel will
be permanent, and that license will be
valid for only those activities specified
in the definition of catcher vessel designation at § 679.2.
(D) Limited processing by catcher vessels. Up to 1 mt of round weight equivalent of license limitation groundfish or
crab species may be processed per day
on a vessel less than or equal to 60 ft
(18.3 m) LOA that is authorized to fish
with an LLP license with a catcher
vessel designation.
(iii) Vessel length categories. A vessel’s
eligibility will be determined using the
following three vessel length categories, which are based on the vessel’s
LOA on June 17, 1995, or, if the vessel
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
was under reconstruction on June 17,
1995, the vessel’s length on the date
that reconstruction was completed.
(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—(A) General. A vessel may only
use gear consistent with the gear designation on the LLP license authorizing the use of that vessel to fish for
license limitation groundfish or crab
species, except that a vessel fishing
under authority of an LLP license endorsed only for trawl gear may fish for
slope rockfish with non-trawl gear
within the Gulf of Alaska Slope Habitat Conservation Areas, as described in
Table 27 to this part.
(B) Trawl/non-trawl. A license will be
assigned a trawl/non-trawl gear designation if trawl and non-trawl gear
were used to harvest LLP species from
the qualifying vessel during the period
beginning January 1, 1988, through
June 17, 1995.
(C) Trawl. A license will be assigned a
trawl gear designation if only trawl
gear was used to harvest LLP species
from the qualifying vessel during the
period beginning January 1, 1988,
through June 17, 1995.
(D) Non-trawl. A license will be assigned a non-trawl gear designation if
only non-trawl gear was used to harvest LLP species from the qualifying
vessel during the period beginning January 1, 1988, through June 17, 1995.
(E) Changing a gear designation. (1) An
applicant may request a change of gear
designation based on gear used from
the vessel during the period beginning
June 18, 1995, through February 7, 1998.
Such a change would be permanent and
may only be used for a change from
trawl to non-trawl or from non-trawl
to trawl.
(2) An applicant may request a
change of gear designation based on a
significant financial investment in
converting a vessel or purchasing fishing gear on or before February 7, 1998,
and making a documented harvest with
that gear on or before December 31,
1998. Such a change would be permanent and may only be used for a change
from trawl to non-trawl or from nontrawl to trawl.
(F) Definitions of non-trawl gear and
significant financial investment. (1) For
purposes of paragraph (k)(3)(iv) of this
section, non-trawl gear means any
legal gear, other than trawl, used to
harvest license limitation groundfish.
(2) For purposes of paragraph
(k)(3)(iv)(E)(2) of this section, ‘‘significant financial investment’’ means having spent at least $100,000 toward vessel
conversion and/or gear to change to
trawl gear from non-trawl gear, or having acquired groundline, hooks, pots,
jig machines, or hauling equipment to
change to non-trawl gear from trawl
gear.
(4) Qualifications for a groundfish license. A groundfish license will be
issued to an eligible applicant that
meets the criteria in paragraphs
(k)(4)(i) and (k)(4)(ii) of this section.
For purposes of the license limitation
program, evidence of a documented
harvest must be demonstrated by a
state catch report, a Federal catch report, or other valid documentation
that indicates the amount of license
limitation groundfish harvested, the
groundfish reporting area in which the
license limitation groundfish was harvested, the vessel and gear type used to
harvest the license limitation groundfish, and the date of harvesting, landing, or reporting. State catch reports
are Alaska, California, Oregon, or
Washington fish tickets. Federal catch
reports are production reports required
under § 679.5.
(i) General qualification periods (GQP).
This table provides the GQP documented harvest requirements for LLP
groundfish licenses:
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Fishery Conservation and Management
A groundfish license
will be assigned...
§ 679.4
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...
(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
(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
during the period...
(1) Beginning January 1, 1988, through June 27, 1992; or
(2) Beginning January 1, 1988, through December 31,
1994, provided that the harvest was of license limitation
groundfish using pot or jig gear from a vessel that was
less than 60 ft (18.3 m) LOA; or
(3) Beginning January 1, 1988, through June 17, 1995,
provided that, during the period beginning January 1,
1988, through February 9, 1992, a documented harvest
of crab species was made from the vessel, and, during
the period beginning February 10, 1992, through December 11, 1994, a documented harvest of groundfish
species, except sablefish landed using fixed gear, was
made from the vessel in the GOA or the BSAI using
trawl or longline gear.
(1) Beginning January 1, 1988, through June 27, 1992; or
(2) Beginning January 1, 1988, through December 31,
1994, provided that the harvest was of license limitation
groundfish using pot or jig gear from a vessel that was
less than 60 ft (18.3 m) LOA; or
(3) Beginning January 1, 1988, through June 17, 1995,
provided that, during the period beginning January 1,
1988, through February 9, 1992, a documented harvest
of crab species was made from the vessel, and, during
the period beginning February 10, 1992, through December 11, 1994, a documented harvest landing of
groundfish species, except sablefish landed using fixed
gear, was made from the vessel in the GOA or the
BSAI using trawl or longline gear.
(ii) Endorsement qualification periods (EQP). This table provides the documented
harvest requirements for LLP groundfish license area endorsements:
A groundfish
license will be
assigned...
(A) An Aleutian
Island area
endorsement
(B) A Bering
Sea area endorsement
(C) A Western
Gulf area
endorsement
(D) A Western
Gulf area
endorsement
(E) A Western
Gulf area
endorsement
(F) A Western
Gulf area
endorsement
(G) A Western
Gulf area
endorsement
if...
during the period...
in...
at least one documented
harvest of any amount
of license limitation
groundfish was made.
at least one documented
harvest of any amount
of license limitation
groundfish was made.
at least one documented
harvest of any amount
of license limitation
groundfish was made
in each of any two calendar years.
at least one documented
harvest of any amount
of license limitation
groundfish was made.
at least one documented
harvest of any amount
of license limitation
groundfish was made
in each of any two calendar years.
at least four documented
harvest of any amount
of license limitation
groundfish were made.
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.
the Bering Sea Subarea or in waters
shoreward of that
area.
the Western GOA
regulatory area or
in waters shoreward
of that area.
beginning January
1, 1992, through
June 17, 1995.
beginning January
1, 1992, through
June 17, 1995.
beginning January
1, 1992, through
June 17, 1995.
beginning January
1, 1992, through
June 17, 1995.
beginning January
1, 1995, through
June 17, 1995.
beginning January
1, 1992, through
June 17, 1995.
from a vessel
in vessel length
category...
and that meets
the requirements
for a...
‘‘A’’, ‘‘B’’, or ‘‘C’’
catcher/ processor
designation or a
catcher vessel
designation.
catcher/ processor
designation or a
catcher vessel
designation.
catcher/ processor
designation or a
catcher vessel
designation; or
‘‘A’’, ‘‘B’’, or ‘‘C’’
‘‘A’’
the Western Area of
the Gulf of Alaska
or in waters shoreward of that area.
the Western Area of
the Gulf of Alaska
or in waters shoreward of that area.
‘‘B’’
catcher vessel
designation; or
‘‘B’’
catcher/processor
vessel designation; or
the Western Area of
the Gulf of Alaska
or in waters shoreward of that area.
the Western Area of
the Gulf of Alaska
or in waters shoreward of that area.
‘‘B’’
catcher/processor
vessel designation; or
‘‘C’’
catcher/processor
designation or a
catcher vessel
designation.
495
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
A groundfish
license will be
assigned...
if...
during the period...
in...
(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.
(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.
(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.
(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.
(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.
at least one documented
harvest of any amount
of license limitation
groundfish was made
in each of any two calendar years.
at least four documented
harvest of any amount
of license limitation
groundfish were made.
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.
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.
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.
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.
in the Southeast Outside District or in
waters shoreward
of that district.
(M) A Southeast Outside
area endorsement
(N) A Southeast Outside
area endorsement
(O) A Southeast Outside
area endorsement
from a vessel
in vessel length
category...
and that meets
the requirements
for a...
‘‘A’’
catcher/processor
designation or a
catcher vessel
designation; or
‘‘B’’
catcher/processor
designation or a
catcher vessel
designation; or
‘‘B’’
catcher/processor
designation or a
catcher vessel
designation; or
‘‘C’’
catcher/processor
designation or a
catcher vessel
designation.
‘‘A’’
catcher/processor
designation or a
catcher vessel
designation; or
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
beginning January
1, 1995, through
June 17, 1995.
in the Southeast Outside District or in
waters shoreward
of that district.
in the Southeast Outside District or in
waters shoreward
of that district.
‘‘B’’
catcher/processor
designation or a
catcher vessel
designation; or
catcher/processor
designation or a
catcher vessel
designation.
beginning January
1, 1992, through
June 17, 1995.
(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
‘‘C’’
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
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(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. (A) NMFS will
revoke any trawl gear designation on a
groundfish license with an Aleutian Island, Bering Sea, Central Gulf, or
Western Gulf regulatory area unless
one of the following conditions apply:
(1) A person made at least two legal
landings using trawl gear under the authority of that groundfish license in
that regulatory area during the period
from January 1, 2000, through December 31, 2006; or
(2) That trawl gear designation endorsed in that area is exempt from the
requirements
of
this
paragraph
(k)(4)(vi)(A) as described under paragraphs (k)(4)(vii) or (k)(4)(viii) of this
section.
(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. (A) Trawl gear designations
with Bering Sea or Aleutian Islands
area endorsements on a groundfish license that was derived in whole or in
part from the qualifying fishing history of an AFA vessel are exempt from
the landing requirements in paragraph
(k)(4)(vi) of this section.
§ 679.4
(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) The groundfish license was not derived in whole or in part from the
qualifying fishing history of an AFA
vessel;
(2) The groundfish license is assigned
to an AFA vessel on August 14, 2009;
and
(3) No other groundfish license with a
Bering Sea or Aleutian Island area endorsement is assigned to that AFA vessel on August 14, 2009.
(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. A trawl gear designation with a Central Gulf or Western Gulf area endorsement on a
groundfish license is exempt from the
landing requirements in paragraph
(k)(4)(vi) of this section provided that a
person made at least 20 legal landings
under the authority of that groundfish
license in either the Central Gulf or
Western Gulf area using trawl gear
during the period from January 1, 2005,
through December 31, 2007.
(ix) Aleutian Island area endorsements
for non-AFA trawl catcher vessels. (A) If
a non-AFA catcher vessel that is less
than 60 feet LOA was used to make at
least 500 mt of legal landings of Pacific
cod using trawl gear from the waters
that were open by the State of Alaska
for which it adopts a Federal fishing
season adjacent to the Aleutian Islands
Subarea during the period from January 1, 2000, through December 31, 2006,
according to the official record, NMFS
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
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 all of the following requirements:
(1) It was not derived in whole or in
part from the qualifying fishing history of an AFA vessel;
(2) It has a trawl gear designation;
(3) It does not have a catcher/processor vessel designation; and
(4) That groundfish license has an
MLOA of less than 60 feet.
(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) It was not derived in whole or in
part from the qualifying fishing history of an AFA vessel;
(2) It has a trawl gear designation;
(3) It does not have a catcher/processor vessel designation; and
(4) At least 1,000 mt of legal landings
of Pacific cod using trawl gear in the
BSAI were made under the authority of
that groundfish license during the period from January 1, 2000, through December 31, 2006, according to the official record.
(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. (A) The official record will
contain all information used by the Regional Administrator to determine the
following:
(1) The number of legal landings assigned to a groundfish license for purposes of the trawl gear designation participation requirements described in
paragraph (k)(4)(vi) of this section;
(2) The amount of legal landings assigned to a groundfish license for purposes of the AI endorsements described
in paragraph (k)(4)(ix) of this section;
(3) The owner of a vessel that has
made legal landings that may generate
an AI endorsement as described in
paragraph (k)(4)(ix) of this section; and
(4) All other relevant information
necessary to administer the requirements
described
in
paragraphs
(k)(4)(vi) through (k)(4)(ix) of this section.
(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) A groundfish license is presumed
to have been used onboard the same
vessel from which that groundfish license was derived, the original qualifying vessel, during the calendar years
2000 and 2001, unless clear and unambiguous written documentation is provided that establishes otherwise;
(2) If more than one person is claiming the same legal landing, then each
groundfish license for which the legal
landing is being claimed will be credited with the legal landing;
(3) The groundfish license to which
an AI endorsement described in paragraph (k)(4)(ix) of this section will be
initially assigned.
(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.
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(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 30day 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 30day 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.
§ 679.4
(5) Qualification for a crab species license. A crab species license will be
issued to an eligible applicant who
owned a vessel that meets the criteria
in paragraphs (k)(5)(i), (k)(5)(ii), and
(k)(5)(iii) of this section, except that
vessels are exempt from the requirements in paragraph (k)(5)(i) of this section for area/species endorsements at
paragraphs (A) and (G) in the table at
paragraph (k)(5)(ii) of this section.
(i) General qualification period (GQP).
To qualify for one or more of the area/
species endorsements in the table at
paragraph (k)(5)(ii) of this section, the
requirements of paragraph (k)(5)(iii) of
this section must be met and:
(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. This
table provides the documented harvest
requirements for LLP crab license
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
(B) A Bering Sea and
Aleutian Islands
Area C. opilio and C.
bairdi area/species
endorsement
(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, 1993,
through December 31, 1994.
at least three documented harvests of C. opilio and C. bairdi
were made by a vessel.
beginning January 1, 1992,
through December 31, 1994.
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.
(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 a Pribilof red king and
Pribilof blue king area/species
endorsement at § 679.2.
the area described in the definition for a Bering Sea and
Aleutian Islands Area C. opilio
and C. bairdi area/species endorsement at § 679.2.
the area described in the definition for a St. Matthew blue
king area/species endorsement at § 679.2.
the area described in the definition for an Aleutian Islands
brown king area/species endorsement at § 679.2.
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
A crab species license
will be assigned...
if...
during the period...
in...
(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.
(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.
(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 an Aleutian Islands
red king area/species endorsement at § 679.2.
the area described in the definition for a Bristol Bay red king
area/species endorsement at
§ 679.2.
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. A person
does not need to meet the documented
harvest requirements in paragraph
(k)(5)(iii)(A) of this section if he or she
deployed a vessel that met the documented harvest requirements in paragraph (k)(5)(i) of this section, if applicable, paragraph (k)(5)(ii) of this section, and:
(1) Only qualifies area/species endorsement at paragraph (G) in the
table at paragraph (k)(5)(ii).
(2) Those documented harvests were
made from a vessel that meets the requirements for vessel length category
‘‘C’’.
(3) The vessel used to meet the document harvest requirements in paragraphs (k) (5) (i) and (k) (5) (ii) of this
section was lost or destroyed, and he or
she made a documented harvest of crab
species any time during the period beginning after the vessel was lost or destroyed but before January 1, 2000.
(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 Feb-
ruary 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., the vessel was lost damaged, or
otherwise unable to participate in the
license limitation crab fisheries) may
receive a license if the qualified person
is able to demonstrate that:
(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) Unavoidable;
(2) Unique to the owner of that vessel, or unique to that vessel; and
(3) Unforeseen and reasonably unforeseeable to the owner of the vessel;
(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
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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. (i) General. The
Regional Administrator will issue a
groundfish license or a crab species license to an applicant if a complete application is submitted by or on behalf
of the applicant during the specified
application period, and if that applicant meets all the criteria for eligibility in paragraph (k) of this section.
An application that is postmarked or
delivered after the ending date for the
application period for the License Limitation Program specified in the FEDERAL REGISTER will be denied. An application form will be sent to the last
known address of a person identified as
an eligible applicant by the official
LLP record. An application form may
be requested from the Regional Administrator.
(ii) Application period. An application
period of no less than 90 days will be
specified by notification in the FEDERAL REGISTER and other information
sources deemed appropriate by the Regional Administrator.
(iii) Contents of application. To be
complete, an application for a groundfish license or a crab species license
must be signed by the applicant, or the
individual representing the applicant,
and contain the following, as applicable:
(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;
§ 679.4
(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. If an applicant is applying as the successor-in-interest to an eligible applicant, an application, to be complete, also must
contain valid evidence proving the applicant’s status as a successor-in-interest to that eligible applicant and:
(1) Valid evidence of the death of that
eligible applicant at the time of application, if the eligible applicant was or
is an individual; or
(2) Valid evidence that the eligible
applicant is no longer in existence at
the time of application, if the eligible
applicant is not an individual.
(B) Norton Sound crab species license
endorsement. If an applicant is applying
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
for a crab species license endorsement
for Norton Sound and if the applicant
is a person, an application, to be complete, must contain valid evidence that
the applicant was a State of Alaska
permit holder for the Norton Sound
king crab summer fishery in 1993 or
1994. If the applicant is a corporation,
an application, to be complete, must
contain valid evidence that the corporation owned or had a lease for a vessel on June 17, 1995, that participated
in the Norton Sound king crab summer
fishery in 1993 or 1994.
(C) Extended general qualification period. If an applicant is applying for a license based on meeting the general
qualification period requirements of
paragraph
(k)(4)(i)(A)(2)
or
(k)(4)(i)(B)(2) of this section, the application, to be complete, must indicate
which single endorsement area the applicant has selected for license. A license cannot be endorsed for more than
one area, notwithstanding the fact that
the applicant may have the documented harvests to qualify for more
than one endorsement area.
(D) Unavoidable circumstances. If a
person is claiming that unavoidable
circumstances prevented him or her
from meeting certain eligibility requirements for a license under paragraph (k) of this section, he or she
must provide the information required
in the particular paragraph of this section authorizing such a claim, and include valid evidence of the date the
vessel was lost, damaged, or otherwise
unable to participate in the fishery,
and the date a documented harvest was
made after the vessel was unable to
participate in the fishery by the unavoidable circumstance.
(v) Application evaluation. The Regional Administrator will evaluate an
application submitted during the specified application period and compare all
claims in the application with the information in the official LLP record.
Claims in the application that are consistent with information in the official
LLP record will be accepted by the Regional
Administrator.
Inconsistent
claims in the application, unless
verified by evidence, will not be accepted. Pursuant to paragraph (k)(6)(vii) of
this section, an applicant who submits
inconsistent claims, or an applicant
who fails to submit the information
specified in paragraphs (k)(6)(iii) and
(k)(6)(iv) of this section, will be provided a 60-day evidentiary period pursuant to paragraph (k)(6)(vii) of this
section to submit the specified information, submit evidence to verify his
or her inconsistent claims, or submit a
revised application with claims consistent with information in the official
LLP record. An applicant who submits
claims that are inconsistent with information in the official LLP record has
the burden of proving that the submitted claims are correct.
(vi) Additional information or evidence.
The Regional Administrator will evaluate additional information or evidence
to support an applicant’s inconsistent
claims submitted within the 60-day evidentiary period pursuant to paragraph
(k)(6)(vii) of this section. If the Regional Administrator determines that
the additional information or evidence
meets the applicant’s burden of proving
that the inconsistent claims in his or
her application is correct, the official
LLP record will be amended and the information will be used in determining
whether the applicant is eligible for a
license. However, if the Regional Administrator determines that the additional information or evidence does not
meet the applicant’s burden of proving
that the inconsistent claims in his or
her application is correct, the applicant will be notified by an initial administrative determination, pursuant
to paragraph (k)(6)(viii) of this section,
that the applicant did not meet the
burden of proof to change the information in the official LLP record.
(vii) 60-day evidentiary period. The Regional Administrator will specify by
letter a 60-day evidentiary period during which an applicant may provide additional information or evidence to
support the claims made in his or her
application, or to submit a revised application with claims consistent with
information in the official LLP record,
if the Regional Administrator determines that the applicant did not meet
the burden of proving that the information on the application is correct
through evidence provided with the application. Also, an applicant who fails
to submit information as specified in
paragraphs (k)(6)(iii) and (k)(6)(iv) of
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this section will have 60 days to provide that information. An applicant
will be limited to one 60-day evidentiary period. Additional information or evidence, or a revised application, received after the 60-day evidentiary period specified in the letter
has expired will not be considered for
purposes of the initial administrative
determination.
(viii) Initial administrative determinations (IAD). The Regional will prepare
and send an IAD to the applicant following the expiration of the 60-day evidentiary period if the Regional Administrator determines that the information or evidence provided by the applicant fails to support the applicant’s
claims and is insufficient to rebut the
presumption that the official LLP
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 60-day
evidentiary period. The IAD will indicate the deficiencies in the application,
including any deficiencies with the information, the evidence submitted in
support of the information, or the revised application. The IAD will also indicate which claims cannot be approved based on the available information or evidence. An applicant who receives an IAD may appeal pursuant to
§ 679.43. An applicant who avails himself or herself of the opportunity to appeal an IAD will not receive a transferable license until after the final resolution of that appeal, notwithstanding
the eligibility of that applicant for
some claims based on consistent information in the application.
(ix) Issuance of a non-transferable license. The Regional Administrator will
issue a non-transferable license to the
applicant on issuance of an IAD if required by the license renewal provisions of 5 U.S.C. 558. A non-transferable
license authorizes a person to deploy a
vessel to conduct directed fishing for
license limitation groundfish or crab
species as specified on the non-transferable license, and will have the specific endorsements and designations
based on the claims in his or her application. A non-transferable license will
expire upon final agency action.
§ 679.4
(x) Surrender of groundfish or crab
LLP. A groundfish or crab LLP license
may be voluntarily surrendered in accordance with paragraph (a)(9) of this
section. A surrendered groundfish or
crab LLP license will cease to exist and
will not be subsequently reissued. Contact NMFS/RAM for more information
by telephone, locally at 907–586–7202
(Option #2) or toll-free at 800–304–4846
(Option #2).
(7) Transfer of a groundfish license or a
crab species license—(i) General. The Regional Administrator will transfer a
groundfish license, Aleutian Island
area endorsement as described under
paragraph (k)(7)(viii)(A) of this section,
or a crab species license if a complete
transfer application is submitted to
Restricted Access Management, Alaska
Region, NMFS, and if the transfer
meets the eligibility criteria as specified in paragraph (k)(7)(ii) of this section. A transfer application form may
be requested from the Regional Administrator.
(ii) Eligibility criteria for transfers. A
groundfish license, Aleutian Island
area endorsement as described under
paragraph (k)(7)(viii)(A) of this section,
or crab species license can be transferred if the following conditions are
met:
(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. To be
complete, an application for a groundfish license, Aleutian Island area endorsement as described under paragraph (k)(7)(viii)(A) of this section
transfer, or a crab species license
transfer must be legible, have notarized and dated signatures of the applicants, and the applicants must attest
that, to the best of the applicant’s
knowledge, all statements in the application are true. An application to
transfer will be provided by NMFS, or
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
is available on the NMFS Alaska Region
website
at
http://
alaskafisheries.noaa.gov. The acceptable
submittal methods will be specified on
the application form.
(iv) Incomplete applications. The Regional Administrator will return an incomplete transfer application to the
applicant and identify any deficiencies
if the Regional Administrator determines that the application does not
meet all the criteria identified in paragraph (k)(7) of this section.
(v) Transfer by court order, operation of
law, or as part of a security agreement.
The Regional Administrator will transfer a groundfish license, Aleutian Island area endorsement as described
under paragraph (k)(7)(viii)(A) of this
section, or a crab species license based
on a court order, operation of law, or a
security agreement if the Regional Administrator determines that the transfer application is complete and the
transfer will not violate any of the provisions of this section.
(vi) Voluntary transfer limitation. A
groundfish license, Aleutian Island
area endorsement as described under
paragraph (k)(7)(viii)(A) of this section,
or a crab species license may be voluntarily transferred only once in any calendar year. A voluntary transfer is a
transfer other than one pursuant to a
court order, operation of law, or a security agreement. An application for
transfer that would cause a person to
exceed the transfer limit of this provision will not be approved. A transfer of
an Aleutian Island area endorsement as
described
under
paragraph
(k)(7)(viii)(A) of this section to another
LLP license, or the transfer of a
groundfish license with an Aleutian Island area endorsement as described
under paragraph (k)(7)(viii)(A) of this
section attached to it will be considered to be a transfer of that Aleutian
Island area endorsement.
(vii) Request to change the designated
vessel. A request to change the vessel
designated on an LLP groundfish or
crab species license must be made on a
transfer application. If this request is
approved and made separately from a
license transfer, it will count towards
the annual limit on voluntary transfers
specified in paragraph (k)(7)(vi) of this
section.
(viii) Severability of licenses. (A) Area
endorsements or area/species endorsements specified on a license are not
severable from the license and must be
transferred together, except that Aleutian Island area endorsements on a
groundfish license with a trawl gear
designation issued under the provisions
of paragraph (k)(4)(ix)(A) of this section and that are assigned to a groundfish license with an MLOA of less than
60 feet LOA may be transferred separately from the groundfish license to
which that Aleutian Island area endorsement was originally issued to another groundfish license provided that
the groundfish license to which that
Aleutian Island endorsement is transferred:
(1) Was not derived in whole or in
part from the qualifying fishing history of an AFA vessel;
(2) Has a catcher vessel designation;
(3) Has a trawl gear designation;
(4) Has an MLOA of less than 60 feet
LOA; and
(5) A complete transfer application is
submitted to the Regional Administrator as described under this paragraph (k)(7), and that application is approved.
(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. The
transfer of a LLP license that was
issued based on the documented harvests from a vessel that did not have
an FFP during the period beginning
January 1, 1988, through October 8,
1998, must be accompanied by the vessel from which the documented harvests were made or its replacement
vessel, or if the LLP license and vessel
were separated by transfer prior to
February 7, 1998, then by the vessel
that is currently being deployed by the
license holder. The Regional Administrator will deny a transfer application
that requests the transfer of a LLP license that was issued based on the documented harvests from a vessel that
did not have an FFP during the period
beginning January 1, 1988, through October 8, 1998, if the appropriate vessel is
not being transferred as part of the
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same transaction. A license holder of
an LLP license that was issued based
on the documented harvests from a
vessel that did not have an FFP during
the period beginning January 1, 1988,
through October 8, 1998, may replace
the vessel from which the documented
harvests were made with another vessel that meets the vessel designation
and MLOA requirements specified on
the LLP license if the original qualifying vessel is lost or destroyed.
(8) Other provisions. (i) Any person
committing, or a fishing vessel used in
the commission of, a violation of the
Magnuson-Stevens Fishery Conservation and Management Act or any regulations issued pursuant thereto, is subject to the civil and criminal penalty
provisions and the civil forfeiture provisions of the Magnuson-Stevens Fishery Conservation and Management Act,
part 621 of this chapter, 15 CFR part 904
(Civil Procedure), and other applicable
law. Penalties include, but are not limited to, permanent or temporary sanctions to licenses.
(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
§ 679.4
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., the vessel was lost,
damaged, or otherwise unable to participate in the license limitation
groundfish or crab fisheries) may receive a license if the qualified person is
able to demonstrate that:
(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) Unavoidable.
(2) Unique to the owner of that vessel, or unique to that vessel.
(3) Unforeseen and reasonably unforeseeable to the owner of the vessel.
(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—(i) General. In addition to other
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
requirements of this part, and unless
specifically exempted in paragraph
(k)(9)(iv) of this section, a license holder must have a Pacific cod endorsement on his or her groundfish license
to conduct directed fishing for Pacific
cod with hook-and-line or pot gear in
the BSAI. A license holder can only use
the specific non-trawl gear(s) indicated
on his or her license to conduct directed fishing for Pacific cod in the
BSAI.
(ii) Eligibility requirements for a Pacific
cod endorsement. This table provides eligibility requirements for Pacific cod
endorsements on an LLP groundfish license:
And the license holder
harvested Pacific cod in
the BSAI with . . .
Then the license holder
must demonstrate that
he or she harvested at
least . . .
(A) Catcher vessel designation.
Hook-and-line gear or
jig gear.
7.5 mt of Pacific cod in
the BSAI.
(B) Catcher vessel designation.
Pot gear or jig gear .......
100,000 lb of Pacific
cod in the BSAI.
(C) Catcher/processor
vessel designation.
Hook-and-line gear .......
270 mt of Pacific cod in
the BSAI.
(D) Catcher/processor
vessel designation.
Pot gear ........................
300,000 lb of Pacific
cod in the BSAI.
If a license holder’s license has a . . .
(iii) Explanations for Pacific cod endorsements. (A) All eligibility amounts
in the table at paragraph (k)(9)(ii) of
this section will be determined based
on round weight equivalents.
(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) Those harvests were made from
the vessel that was used as the basis of
eligibility for the license holder’s LLP
groundfish license, or
To receive a
Pacific cod
endorsement that
authorizes
harvest with . . .
In . . .
In any one of the years
1995, 1996, 1997,
1998, or 1999.
In each of any two of
the years 1995, 1996,
1997, 1998, or 1999.
In any one of the years
1996, 1997, 1998, or
1999.
In each of any two of
the years 1995, 1996,
1997, or 1998.
Hook-and-line gear.
Pot gear.
Hook-and-line gear.
Pot gear.
(2) Those harvests were made from a
vessel that was not the vessel used as
the basis of eligibility for the license
holder’s LLP groundfish license, provided that, at the time the endorsement-qualifying Pacific cod harvests
were made, the person who owned such
Pacific cod endorsement-qualifying
fishing history also owned the fishing
history of a vessel that satisfied the requirements for the LLP groundfish license.
(3) Notwithstanding the provisions of
paragraph (k)(9)(iii)(F)(2) of this section, the LLP groundfish license qualifying history or the Pacific cod qualifying history of any one vessel may not
be used to satisfy the requirements for
issuance of more than one LLP groundfish license endorsed for the BSAI Pacific cod hook-and-line or pot gear fisheries.
(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. (A) Any vessel exempted from
the License Limitation Program at
paragraph (k)(2) of this section.
(B) Any catcher vessel less than 60 ft
(18.3 m) LOA.
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(C) Any catch of Pacific cod for personal use bait.
(v) Combination of landings and hardship provision. Notwithstanding the eligibility requirements in paragraph
(k)(9)(ii) of this section, a license holder may be eligible for a Pacific cod endorsement by meeting the following
criteria.
(A) Combination of landings. A license
holder may combine the landings of a
sunken vessel and the landings of a
vessel obtained to replace a sunken
vessel
to
satisfy
the
eligibility
amounts in the table at paragraph
(k)(9)(ii) of this section only if he or
she meets the requirements in paragraphs (k)(9)(v)(A)(1)–(4) of this section.
No other combination of landings will
satisfy the eligibility amounts in the
table at paragraph (k)(9)(ii) of this section.
(1) The sunken vessel was used as the
basis of eligibility for the license holder’s groundfish license;
(2) The sunken vessel sank after January 1, 1995;
(3) The vessel obtained to replace the
sunken vessel was obtained by December 31 of the year 2 years after the
sunken vessel sank; and
(4) The length of the vessel obtained
to replace the sunken vessel does not
exceed the MLOA specified on the license holder’s groundfish license.
(B) Hardship provision. A license holder may be eligible for a Pacific cod endorsement because of unavoidable circumstances if he or she meets the requirements
in
paragraphs
(k)(9)(v)(B)(1)–(4) of this section. For
purposes of this hardship provision, the
term license holder includes the person
whose landings were used to meet the
eligibility requirements for the license
holder’s groundfish license, if not the
same person.
(1) The license holder at the time of
the unavoidable circumstance held a
specific intent to conduct directed fishing for BSAI Pacific cod in a manner
sufficient to meet the landing requirements in the table at paragraph
(k)(9)(ii) of this section but that this
intent was thwarted by a circumstance
that was:
§ 679.4
(i) Unavoidable;
(ii) Unique to the license holder, or
unique to the vessel that was used as
the basis of eligibility for the license
holder’s groundfish license; and
(iii) Unforeseen and reasonably unforeseeable to the license holder.
(2) The circumstance that prevented
the license holder from conducting directed fishing for BSAI Pacific cod in a
manner sufficient to meet the landing
requirements in paragraph (k)(9)(ii) actually occurred;
(3) The license holder took all reasonable steps to overcome the circumstance that prevented the license
holder from conducting directed fishing for BSAI Pacific cod in a manner
sufficient to meet the landing requirements in paragraph (k)(9)(ii) of this
section; and
(4) Any amount of Pacific cod was
harvested in the BSAI aboard the vessel that was used as the basis of eligibility for the license holder’s groundfish license after the vessel was prevented from participating by the unavoidable circumstance but before
April 16, 2000.
(10) Pacific cod endorsements in the
Western and Central GOA—(i) General.
In addition to other requirements of
this part, and unless specifically exempted in paragraph (k)(10)(iv) of this
section, a license holder must have a
Pacific cod endorsement on his or her
groundfish license to conduct directed
fishing for Pacific cod in the Western
Gulf of Alaska or Central Gulf of Alaska with hook-and-line gear, pot gear,
or jig gear on a vessel using more than
five jig machines, more than one line
per machine, and more than 30 hooks
per line. A license holder can only use
the specific non-trawl gear(s) indicated
on his or her license to conduct directed fishing for Pacific cod in the
Western Gulf of Alaska or Central Gulf
of Alaska.
(ii) Eligibility requirements for a Pacific
cod endorsement. This table provides eligibility requirements for Pacific cod
endorsements on an LLP groundfish license:
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
And that
license
has an
MLOA
of * * *
And the
license holder
harvested
Pacific cod
with * * *
(A) Catcher vessel
designation.
< 60 feet
hook-and-line
gear.
(B) Catcher vessel
designation.
≥ 60 feet ..
hook-and-line
gear.
(C) Catcher vessel
designation.
< 60 feet
hook-and-line
gear.
(D) Catcher vessel
designation.
≥ 60 feet ..
hook-and-line
gear.
(E) Catcher vessel
designation.
< 60 feet
pot gear .......
(F) Catcher vessel
designation.
≥ 60 feet ..
pot gear .......
(G) Catcher vessel
designation.
< 60 feet
pot gear .......
(H) Catcher vessel
designation.
≥ 60 feet ..
pot gear .......
(I) Catcher vessel designation.
any ..........
jig gear .........
(J) Catcher vessel
designation.
any ..........
jig gear .........
(K) Catcher/Processor
vessel designation.
any ..........
hook-and-line
gear.
(L) Catcher/Processor
vessel designation.
any ..........
hook-and-line
gear.
(M) Catcher/Processor
vessel designation.
any ..........
pot gear .......
(N) Catcher/Processor
vessel designation.
any ..........
pot gear .......
(O) Catcher/Processor
vessel designation.
any ..........
jig gear .........
(P) Catcher/Processor
vessel designation.
any ..........
jig gear .........
If a license holder’s
license has a * * *
Then the license holder
must demonstrate that
he or she * * *
legally landed at least 10 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 10 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 10 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 10 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
at least one legal landing of
Pacific cod in the directed
Pacific cod fishery.
at least one legal landing of
Pacific cod in the directed
Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
at least one legal landing in
the directed Pacific cod
fishery.
at least one legal landing in
the directed Pacific cod
fishery.
(iii) Explanations for Pacific cod endorsements. (A) All eligibility amounts
in the table at paragraph (k)(10)(ii) of
this section will be determined based
on round weight equivalents.
(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 endorse-
From
January 1, 2002,
through
December 8, 2008,
in * * *
To receive a Pacific
cod endorsement
that authorizes
harvest in the
directed Pacific cod
fishery with * * *
the Central Gulf of
Alaska.
the Central Gulf of
Alaska.
hook-and-line gear
in the Central Gulf
of Alaska.
hook-and-line gear
in the Central Gulf
of Alaska.
hook-and-line gear
in the Western
Gulf of Alaska.
hook-and-line gear
in the Western
Gulf of Alaska.
pot gear in the Central Gulf of Alaska.
the Central Gulf of
Alaska.
pot gear in the Central Gulf of Alaska.
the Western Gulf
of Alaska.
the Central Gulf of
Alaska.
pot gear in the
Western Gulf of
Alaska.
pot gear in the
Western Gulf of
Alaska.
jig gear in the Central Gulf of Alaska.
the Western Gulf
of Alaska.
jig gear in the Western Gulf of Alaska.
the Central Gulf of
Alaska.
the Central Gulf of
Alaska.
hook-and-line gear
in the Central Gulf
of Alaska.
hook-and-line gear
in the Western
Gulf of Alaska.
pot gear in the Central Gulf of Alaska.
the Central Gulf of
Alaska.
pot gear in the Central Gulf of Alaska.
the Central Gulf of
Alaska.
jig gear in the Central Gulf of Alaska.
the Western Gulf
of Alaska.
jig gear in the Western Gulf of Alaska.
the Central Gulf of
Alaska.
the Western Gulf
of Alaska.
the Western Gulf
of Alaska.
the Western Gulf
of Alaska.
the Western Gulf
of Alaska.
ment 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) of this section and NMFS
has redesignated the MLOA of that
groundfish license based on those criteria, then NMFS may assign a nontrawl Pacific cod endorsement with the
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specific gear designation(s) and regulatory area(s) applicable to the redesignated MLOA of that groundfish license
based on the eligibility criteria established in paragraph (k)(10)(ii) of this
section; and
(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. Any vessel exempted from the
License Limitation Program at paragraph (k)(2) of this section.
(v) Non-trawl gear recent participation
official record. (A) The official record
will contain all information used by
the Regional Administrator to determine the following:
(1) The number of legal landings and
amount of legal landings assigned to a
groundfish license for purposes of the
non-trawl gear designation participation requirements described in paragraph (k)(10)(ii) of this section;
(2) All other relevant information
necessary to administer the requirements
described
in
paragraphs
(k)(3)(i)(B) and (k)(10) of this section.
(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 30day evidentiary period specified in the
letter has expired will not be considered for purposes of the initial administrative determination (IAD).
§ 679.4
(F) The Regional Administrator will
prepare and send an IAD to the applicant following the expiration of the 30day 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. (A) Each CQE that has
been approved by the Regional Administrator under the requirements of
§ 679.41(l)(3) to represent a community
listed in Table 50 to part 679 may apply
to receive groundfish licenses on behalf
of the communities listed in Table 50
to part 679 that CQE is designated to
represent. In order to receive a groundfish license, a CQE must submit a complete application for a groundfish license to the Regional Administrator,
NMFS, P.O. Box 21668, Juneau, AK
99802. A CQE may not apply for, and
may not receive, more than the maximum amount of groundfish licenses
designated in the regulatory area specified for a community listed in Table 50
to part 679.
(B) The application for a CQE to receive a groundfish license must include:
(1) Name of contact person(s) for the
CQE, NMFS person number, permanent
business mailing addresses, business
phone, business e-mail, and business
fax;
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
(2) A statement describing the procedures that will be used to determine
the distribution of LLP licenses to
residents of the community represented by that CQE;
(3) Procedures used to solicit requests from residents to be assigned an
LLP license;
(4) Criteria used to determine the distribution of the use of LLP licenses
among qualified community residents
and the relative weighting of those criteria; and
(5) The gear designation of groundfish license for which the CQE is applying provided that the community for
which the CQE is applying is eligible to
receive a groundfish license designated
for the Central Gulf of Alaska and the
application to receive a groundfish license has been received by NMFS not
later than six months after April 21,
2011.
(C) A groundfish license approved for
issuance to a CQE by the Regional Administrator for a community listed in
Table 50 to part 679:
(1) May not be transferred to any person from the CQE;
(2) Will have only the regional designation specified for that community
as listed in Table 50 to part 679;
(3) Will have an MLOA of 60 feet specified on the license;
(4) Will have only a catcher vessel
designation;
(5) Will receive only a non-trawl gear
endorsement;
(6) Will be assigned a Pacific cod endorsement with a non-trawl gear designation as specified in paragraph
(k)(10)(vi)(D) of this section.
(7) May not be assigned to any vessel
other than the vessel specified for that
groundfish license in the annual CQE
authorization letter;
(8) May not be assigned for use by
any person(s) other than the person(s)
specified for that groundfish license in
the annual CQE authorization letter,
or any subsequent amendment to that
authorization letter that is made by
the CQE provided that NMFS receives
that amendment prior to that person
using that groundfish license aboard a
vessel; and
(9) May not be assigned to more than
one vessel per calendar year.
(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 sent to the
Regional Administrator, NMFS, P.O.
Box 21668, Juneau, AK 99802.
(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) Is a citizen of the United States;
(2) Has maintained a domicile in a
CQE community in the Central GOA or
Western GOA eligible to receive an
LLP license endorsed for Pacific cod
for the 12 consecutive months immediately preceding the time when the assertion of residence is made; and
(3) 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 serve as an authorized
person.
(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) NMFS will issue only pot gear Pacific cod endorsements for groundfish
licenses with a Western Gulf of Alaska
designation to CQEs on behalf of a
community listed in Table 50 to part
679.
(2) NMFS will issue either a pot gear
or a hook-and-line gear Pacific cod endorsement for a groundfish license with
a Central Gulf of Alaska designation to
CQEs on behalf of a community listed
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Fishery Conservation and Management
in Table 50 to part 679 based on the application for a groundfish license as described in paragraph (k)(10)(vi)(B) of
this section provided that application
is received by NMFS not later than six
months after April 21, 2011. If an application to receive a groundfish license
with a Central Gulf of Alaska designation on behalf of a community listed in
Table 50 to part 679 is received later
than six months after April 21, 2011,
NMFS will issue an equal number of
pot gear and hook-and-line gear Pacific
cod endorsements for a groundfish license issued to the CQE on behalf of a
community listed in Table 50 to part
679. In cases where the total number of
groundfish licenses issued on behalf of
a community listed in Table 50 to part
679 is not even, NMFS will issue one
more groundfish license with a pot gear
Pacific cod endorsement than the number of groundfish licenses with a hookand-line gear Pacific cod endorsement.
(G) By January 31, the CQE shall submit a complete annual report on use of
groundfish licenses issued to the CQE
for the prior fishing year for each community represented by the CQE to the
Regional Administrator, NMFS, P.O.
Box 21668, Juneau, AK 99802, and to the
governing body of each community represented by the CQE as identified in
Table 21 to this part. A complete annual report contains the following information:
(1) The number of community residents requesting a groundfish license;
(2) A description of the distribution
of groundfish licenses among community residents;
(3) Vessels assigned to use the
groundfish licenses;
(4) The number and residency of crew
employed on a vessel using the LLP license; and
(5) Any payments made to CQEs for
use of the LLP licenses. Consistent
with the timeline required for submission of the CQE annual report for the
use of halibut and sablefish IFQ, these
annual reports are due by January 31
for the prior fishing year for each community represented by the CQE.
(11) Restrictions on licenses earned on
AFA catcher vessels and listed AFA
catcher/processors. No person may use
an LLP license that was derived in
whole or in part from the qualifying
§ 679.4
fishing history of an AFA catcher vessel or a listed AFA catcher/processor to
fish for groundfish or crab on a nonAFA catcher vessel or non-AFA catcher/processor. NMFS will identify all
such licenses affected by this restriction and inform the holders of such licenses of this restriction through a restriction printed on the face of the license.
(12) Rockfish QS—(i) General. In addition to other requirements of this part,
a license holder must have rockfish QS
on his or her groundfish LLP license to
conduct directed fishing for Rockfish
Program fisheries with trawl gear.
(ii) Eligibility requirements for rockfish
QS. The eligibility requirements to receive rockfish QS are established in
§ 679.80(b).
(13) Amendment 80 Program. In addition to other requirements of this part,
a license holder must have an Amendment 80 LLP license to conduct fishing
for an Amendment 80 species assigned
to the Amendment 80 sector.
(l) AFA permits—(1) General—(i) Applicability. In addition to any other permit and licensing requirements set out
in this part, any vessel used to engage
in directed fishing for a non-CDQ allocation of pollock in the BS and any
shoreside processor, stationary floating
processor, or mothership that receives
pollock harvested in a non-CDQ directed pollock fishery in the BS must
have a valid AFA permit onboard the
vessel or at the facility location at all
times while non-CDQ pollock is being
harvested or processed. In addition, the
owner of any vessel that is a member of
a pollock cooperative in the BS must
also have a valid AFA permit for every
vessel that is a member of the cooperative, regardless of whether or not the
vessel actually engages in directed
fishing for pollock in the BS. Finally,
an AFA permit does not exempt a vessel operator, vessel, or processor from
any other applicable permit or licensing requirement required under this
part or in other state or Federal regulations.
(ii) Duration—(A) Expiration of interim
AFA permits. All interim AFA vessel
and processor permits issued prior to
January 1, 2002, will expire on December 31, 2002, unless extended or reissued by NMFS.
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
(B) Duration of final AFA permits. Except
as
provided
in
paragraphs
(l)(5)(v)(B)(3) and (l)(6)(iii) of this section, AFA vessel and processor permits
issued under this paragraph (l) will
have no expiration date, and are valid
indefinitely unless suspended or revoked.
(C) Surrender of AFA permits. Except
for AFA inshore processor permits,
AFA permits may not be surrendered.
(iii) Application for permit. NMFS will
issue AFA vessel and processor permits
to the current owner(s) of a qualifying
vessel or processor if the owner(s) submits to the Regional Administrator a
completed AFA permit application
that is subsequently approved.
(iv) Amended permits. AFA vessel and
processor permits may not be used on
or transferred to any vessel or processor that is not listed on the permit.
However, AFA permits may be amended by NMFS to reflect any change in
the ownership of the vessel or processor after submittal of this information to NMFS in a written letter.
(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.
NMFS will issue to an owner of a
catcher/processor an unlisted AFA
catcher/processor permit if the catcher/
processor is not listed in § 679.4(l)(2)(i)
and is determined by the Regional Administrator to have harvested more
than 2,000 mt of pollock in the 1997
BSAI directed pollock fishery.
(iii) Application for AFA catcher/processor permit. A completed application
for an AFA catcher/processor permit
must contain:
(A) Vessel information. The vessel
name, ADF&G registration number,
USCG documentation number, vessel
telephone number (if any), gross tons,
shaft horsepower, and registered length
(in feet);
(B) Ownership information. The managing owner name(s), tax ID number(s),
signature(s), business mailing address(es), business telephone number(s), business fax number(s), business
e-mail address(es), and managing company (if any);
(3) AFA catcher vessel permits. NMFS
will issue to an owner of a catcher vessel an AFA catcher vessel permit containing
sector
endorsements
and
sideboard restrictions upon receipt and
approval of a completed application for
an AFA catcher vessel permit.
(i) Qualifying criteria—(A) Catcher vessels delivering to catcher/processors.
NMFS will endorse an AFA catcher
vessel permit to authorize directed
fishing for pollock for delivery to a
catcher/processor if the catcher vessel:
(1) Is one of the following (as listed in
paragraphs 208(b)(1) through (7) of the
AFA):
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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) Is not listed in § 679.4(l)(3)(i)(A)(1)
and is determined by the Regional Administrator to have delivered at least
250 mt and at least 75 percent of the
pollock it harvested in the directed
BSAI pollock fishery in 1997 to catcher/
processors for processing by the offshore component.
(B) Catcher vessels delivering to AFA
motherships. NMFS will endorse an
AFA catcher vessel permit to authorize
directed fishing for pollock for delivery
to an AFA mothership if the catcher
vessel:
(1) Is one of the following (as listed in
paragraphs 208(c)(1) through (20) and in
subsection 211(e) of the AFA):
(i) ALEUTIAN CHALLENGER (USCG
documentation number 603820);
(ii) ALYESKA (USCG documentation
number 560237);
(iii) AMBER DAWN (USCG documentation number 529425);
(iv) AMERICAN BEAUTY (USCG documentation number 613847);
(v) CALIFORNIA HORIZON (USCG
documentation number 590758);
(vi) MAR-GUN (USCG documentation
number 525608);
(vii) MARGARET LYN (USCG documentation number 615563);
(viii) MARK I (USCG documentation
number 509552);
(ix) MISTY DAWN (USCG documentation number 926647);
(x) NORDIC FURY (USCG documentation number 542651);
(xi) OCEAN LEADER (USCG documentation number 561518);
(xii) OCEANIC (USCG documentation
number 602279);
(xiii) PACIFIC ALLIANCE (USCG
documentation number 612084);
(xiv) PACIFIC CHALLENGER (USCG
documentation number 518937);
(xv) PACIFIC FURY (USCG documentation number 561934);
§ 679.4
(xvi) PAPADO II (USCG documentation number 536161);
(xvii) TRAVELER (USCG documentation number 929356);
(xviii) VESTERAALEN (USCG documentation number 611642);
(xix) WESTERN DAWN (USCG documentation number 524423);
(xx) LISA MARIE (USCG documentation number 1038717); or
(2) Is not listed in § 679.4(l)(3)(i)(B)(1)
and is determined by the Regional Administrator to have delivered at least
250 mt of pollock for processing by
motherships in the offshore component
of the BSAI directed pollock fishery in
any one of the years 1996 or 1997, or between January 1, 1998, and September
1, 1998, and is not eligible for an endorsement to deliver pollock to catcher/processors under § 679.4(l)(3)(i)(A).
(C) Catcher vessels delivering to AFA
inshore processors. NMFS will endorse
an AFA catcher vessel permit to authorize directed fishing for pollock for
delivery to an AFA inshore processor if
the catcher vessel is:
(1) One of the following vessels authorized by statute to engage in directed fishing for inshore sector pollock:
HAZEL LORRAINE (USCG documentation
number 592211),
LISA MARIE (USCG documentation number 1038717),
PROVIDIAN (USCG documentation number 1062183); or
(2) Is not listed in § 679.4(l)(3)(i)(A),
and:
(i) Is determined by the Regional Administrator to have delivered at least
250 mt of pollock harvested in the directed BSAI pollock fishery for processing by the inshore component in any
one of the years 1996 or 1997, or between
January 1, 1998, and September 1, 1998;
or
(ii) Is less than 60 ft (18.1 meters) LOA
and is determined by the Regional Administrator to have delivered at least
40 mt of pollock harvested in the directed BSAI pollock fishery for processing by the inshore component in any
one of the years 1996 or 1997, or between
January 1, 1998, and September 1, 1998.
(ii) Application for AFA catcher vessel
permit. A completed application for an
AFA catcher vessel permit must contain:
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
(A) Vessel information. The vessel
name, ADF&G registration number,
USCG documentation number, vessel
telephone number (if any), gross tons,
shaft horsepower, and registered length
(in feet);
(B) Ownership information. The managing owner name(s), tax ID number(s),
signature(s), business mailing address(es), business telephone number(s), business fax number(s), business
e-mail address(es), and managing company (if any);
(C) Vessel AFA qualification information. The AFA catcher vessel permit
sector endorsement(s) requested.
(D) [Reserved]
(E) Vessel exemptions from AFA catcher
vessel groundfish sideboard directed fishing closures. An AFA catcher vessel permit may contain exemptions from certain groundfish sideboard directed fishing closures. If a vessel owner is requesting such an exemption, the application must provide supporting documentation that the catcher vessel
qualifies for the exemption based on
the following criteria. The Regional
Administrator will review the vessel’s
catch history according to the following criteria:
(1) BSAI Pacific cod. For a catcher
vessel to qualify for an exemption from
AFA catcher vessel sideboards in the
BSAI Pacific cod fishery, the catcher
vessel must: Be less than 125 ft (38.1 m)
LOA, have landed a combined total of
less than 5,100 mt of BSAI pollock in
the BSAI directed pollock fishery from
1995 through 1997, and have made 30 or
more legal landings of Pacific cod in
the BSAI directed fishery for Pacific
cod from 1995 through 1997.
(2) GOA groundfish species. For a
catcher vessel to qualify for an exemption
from
AFA
catcher
vessel
sideboards in the GOA groundfish fisheries, the catcher vessel must: Be less
than 125 ft (38.1 m) LOA, have landed a
combined total of less than 5,100 mt of
BSAI pollock in the BSAI directed pollock fishery from 1995 through 1997, and
made 40 or more legal landings of GOA
groundfish in a directed fishery for
GOA groundfish from 1995 through 1997.
(4) AFA mothership permits. NMFS will
issue to an owner of a mothership an
AFA
mothership
permit
if
the
mothership 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).
(i) [Reserved]
(ii) Application for AFA mothership
permit. A completed application for an
AFA mothership permit must contain:
(A) Type of permit requested. Type of
processor and whether requesting an
AFA cooperative endorsement.
(B)
Vessel
information.
The
mothership name, ADF&G processor
code, USCG documentation number,
Federal fisheries permit number, gross
tons, shaft horsepower, and registered
length (in feet).
(C) Ownership information. The managing owner name(s), tax ID number(s),
signature(s), business mailing address(es), business telephone number(s), business fax number(s), business
e-mail address(es), and managing company (if any);
(5) AFA inshore processor permits.
NMFS will issue to an owner of a
shoreside processor or stationary floating processor an AFA inshore processor
permit upon receipt and approval of a
completed application.
(i) Qualifying criteria—(A) Unrestricted
processors. NMFS will issue an unrestricted AFA inshore processor permit
to a shoreside processor or stationary
floating processor if the Regional Administrator determines that the processor facility processed annually more
than 2,000 mt round-weight of pollock
harvested in the inshore component of
the directed BSAI pollock fishery during each of 1996 and 1997.
(B) Restricted processors. NMFS will
issue a restricted AFA inshore processor permit to a shoreside processor or
stationary floating processor if the Regional Administrator determines that
the facility processed pollock harvested in the inshore component of the
directed BSAI pollock fishery during
1996 or 1997, but did not process annually more than 2,000 mt round-weight
of BSAI pollock during each of 1996 and
1997.
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(ii) Surrender of permit. An AFA
inshore processor permit may be voluntarily surrendered in accordance with
paragraph (a)(9) of this section. The
AFA inshore processor permit will not
be reissued in the same fishing year in
which it was surrendered, but may be
reapplied for and if approved, reissued
to the permit holder of record in a subsequent fishing year. Contact NMFS/
RAM for more information by telephone, locally at 907–586–7202 (Option
#2) or toll-free at 800–304–4846 (Option
#2).
(iii) Single geographic location requirement. An AFA inshore processor permit
authorizes the processing of pollock
harvested in the BS subarea directed
pollock fishery only in a single geographic location during a reporting
week. For the purposes of this paragraph, single geographic location
means:
(A) Shoreside processors. The physical
location at which the land-based shoreside processor first processed pollock
harvested from the BS subarea directed
pollock fishery during a fishing year.
(B) Stationary floating processors
(SFP). A geographic position within
State of Alaska waters of the BS subarea and that is within a 5 nm radius of
the latitude and longitude reported in
the check-in and check-out reports at
§ 679.5(h)(5)(ix)(B). An AFA SFP cannot
change its single geographic location
more than four times within State of
Alaska waters in the BS subarea to
process pollock harvested in a BS subarea directed pollock fishery during a
fishing year and cannot use more than
one single geographic location during a
reporting week.
(iv) Application for permit. A completed application for an AFA inshore
processor permit must contain:
(A) Type of permit requested. Type of
processor, whether requesting an AFA
cooperative endorsement, and amount
of BSAI pollock processed in 1996 and
1997;
(B) Stationary floating processor information. The vessel name, ADF&G processor code, USCG documentation number, Federal processor permit number,
gross tons, shaft horsepower, registered
length (in feet), and business telephone
number, business FAX number, and
§ 679.4
business e-mail address used on board
the vessel.
(C) Shoreside processor information.
The processor name, Federal processor
permit number, ADF&G processor
code, business street address; business
telephone and FAX numbers, and business e-mail address.
(D) Ownership information. The managing owner name(s), tax ID number(s),
signature(s), business mailing address(es), business telephone number(s), business fax number(s), business
e-mail address(es), and managing company (if any);
(v) Authorization of new AFA inshore
processors. If the Council recommends
and NMFS approves a combined BSAI
pollock TAC that exceeds 1,274,900 mt
for any fishing year, or in the event of
the actual total loss or constructive
loss of an existing AFA inshore processor, the Council may recommend
that an additional inshore processor
(or processors) be issued AFA inshore
processing permits.
(A) Timing of Council action. At any
time prior to or during a fishing year
in which the combined BSAI pollock
TAC exceeds 1,274,900 mt, or at any
time after the actual total loss or constructive total loss of an existing AFA
inshore processor, the Council may,
after opportunity for public comment,
recommend that an additional inshore
processor (or processors) be issued AFA
inshore processor permits.
(B) Required elements in Council recommendation.
Any
recommendation
from the Council to add an additional
inshore processor (or processors) must
include the following information:
(1) Identification of inshore processor(s). The Council recommendation
must identify by name the inshore
processor(s) to which AFA inshore
processor permits would be issued;
(2) Type of AFA inshore processor permit(s). The Council recommendation
must specify whether the identified
inshore processor(s) should be issued a
restricted or unrestricted AFA inshore
processor permit.
(3) Duration of permit. The Council
recommendation must specify the recommended duration of the permit. Permit duration may be for any duration
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
from a single fishing season to the duration of section 208 of the AFA. Alternatively, the Council may recommend
that the permit be valid as long as the
conditions that led to the permit remain in effect. For example, the Council could recommend that a permit
issued under this paragraph remain
valid as long as the combined annual
BSAI pollock TAC remains above
1,274,900 mt. or a lost AFA inshore
processor is not reconstructed.
(4) Council procedures. The Council
may establish additional procedures for
the review and approval of requests to
authorize additional AFA inshore processors. However, such procedures must
be consistent with the Magnuson-Stevens Act, the national standards, and
other applicable law.
(5) Action by NMFS. Upon receipt of a
recommendation from the Council to
authorize additional AFA inshore processors, NMFS may issue an AFA
inshore processor permit to the identified inshore processor(s) of the type
and duration recommended by the
Council, provided the Council has met
the requirements identified in paragraphs (l)(5)(v)(B)(1) through (4) of this
section, and the owner(s) of the identified inshore processor has submitted a
completed application for an AFA
inshore processor permit that is subsequently approved.
(6) Inshore cooperative fishing permits—
(i) General. NMFS will issue to an
inshore catcher vessel cooperative
formed pursuant to 15 U.S.C. 521 for the
purpose of cooperatively managing directed fishing for pollock for processing by an AFA inshore processor an
AFA inshore cooperative fishing permit upon receipt and approval of a
completed application.
(ii) Application for permit. A completed application for an inshore cooperative fishing permit must contain
the following information:
(A) Cooperative contact information.
Name of cooperative; name of cooperative representative; and business mailing address, business telephone number, business fax number, and business
e-mail address of the cooperative;
(B) Designated cooperative processor.
The name and physical location of an
AFA inshore processor that is designated in the cooperative contract as
the processor to whom the cooperative
has agreed to deliver at least 90 percent
of its BS pollock catch;
(C) Cooperative contract information. A
copy of the cooperative contract and a
written certification that:
(1) The contract was signed by the
owners of at least 80 percent of the
qualified catcher vessels;
(2) The cooperative contract requires
that the cooperative deliver at least 90
percent of its BS pollock catch to its
designated AFA processor; and
(3) Each catcher vessel in the cooperative is a qualified catcher vessel and
is otherwise eligible to fish for groundfish in the BSAI, has an AFA catcher
vessel permit with an inshore endorsement, and has no permit sanctions or
other type of sanctions against it that
would prevent it from fishing for
groundfish in the BSAI;
(D) Qualified catcher vessels. For the
purpose of this paragraph, a catcher
vessel is a qualified catcher vessel if it
meets the following permit and landing
requirements:
(1) Permit requirements—(i) AFA permit. The vessel must have a valid AFA
catcher vessel permit with an inshore
endorsement;
(ii) LLP permit. The vessel must be
named on a valid LLP permit authorizing the vessel to engage in trawling
for pollock in the Bering Sea subarea.
If the vessel is more than 60 feet (18.3
m) LOA, the vessel must be named on
a valid LLP permit endorsed for the AI
to engage in trawling for pollock in the
AI; and
(iii) Permit sanctions. The vessel has
no permit sanctions that otherwise
make it ineligible to engage in fishing
for pollock in the BSAI.
(2) Landing requirements—(i) Active
vessels. The vessel delivered more pollock harvested in the BS inshore directed pollock fishery to the AFA
inshore processor designated under
paragraph (l)(6)(ii)(B) of this section
than to any other shoreside processor
or stationary floating processor during
the year prior to the year in which the
cooperative fishing permit will be in effect; or
(ii) Inactive vessels. The vessel delivered more pollock harvested in the BS
inshore directed pollock fishery to the
AFA inshore processor designated
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Fishery Conservation and Management
under paragraph (l)(6)(ii)(B) of this section than to any other shoreside processor or stationary floating processor
during the last year in which the vessel
delivered BS pollock harvested in the
BS directed pollock fishery to an AFA
inshore processor.
(iii) Harvests under contract to a cooperative. Any landings made by a vessel
operating under contract to an inshore
cooperative in which it was not a member will not be used to determine eligibility under paragraph (l)(6)(ii)(D)(2).
(E) Business review letter. A copy of a
letter from a party to the contract requesting a business review letter on
the fishery cooperative from the Department of Justice and of any response to such request;
(F) Vessel information. For each cooperative catcher vessel member: Vessel
name, ADF&G registration number,
USCG documentation number, AFA
permit number; and
(G) Certification of notary and applicant. Signature and printed name of cooperative representative, date of signature, and notary stamp or seal, signature and date commission expires of a
notary public.
(iii) Duration of cooperative fishing
permits. Inshore cooperative fishing
permits are valid for 1 calendar year.
(iv) Addition or subtraction of vessels.
The cooperative representative must
submit a new application to add or subtract a catcher vessel to or from an
inshore cooperative fishing permit to
the Regional Administrator prior to
the application deadline. Upon approval by the Regional Administrator,
NMFS will issue an amended cooperative fishing permit.
(v) Application deadline. An inshore
cooperative fishing permit application
and any subsequent contract amendments that add or subtract vessels
must be received by the Regional Administrator by December 1 prior to the
year in which the inshore cooperative
fishing permit will be in effect. Inshore
cooperative fishing permit applications
or amendments to inshore fishing cooperative permits received after December 1 will not be accepted by the Regional Administrator for the subsequent fishing year.
(7) Replacement vessels. (i) In the
event of the actual total loss or con-
§ 679.4
structive total loss of an AFA catcher
vessel, AFA mothership, or AFA catcher/processor, the owner of such vessel
may replace such vessel with a replacement vessel. The replacement vessel
will be eligible in the same manner as
the original vessel after submission
and approval of an application for an
AFA replacement vessel, provided that:
(A) Such loss was caused by an act of
God, an act of war, a collision, an act
or omission of a party other than the
owner or agent of the vessel, or any
other event not caused by the willful
misconduct of the owner or agent;
(B) The replacement vessel was built
in the United States and, if ever rebuilt, rebuilt in the United States;
(C) The USCG certificate of documentation with fishery endorsement
for the replacement vessel is issued
within 36 months of the end of the last
year in which the eligible vessel harvested or processed pollock in the directed pollock fishery;
(D) If the eligible vessel is greater
than 165 ft (50.3 meters (m)) in registered length, or more than 750 gross
registered tons, or has engines capable
of producing more than 3,000 shaft
horsepower, the replacement vessel is
of the same or lesser registered length,
gross registered tons, and shaft horsepower;
(E) If the eligible vessel is less than
165 ft (50.3 m) in registered length,
fewer than 750 gross registered tons,
and has engines incapable of producing
more than 3,000 shaft horsepower, the
replacement vessel is less than each of
such thresholds and does not exceed by
more than 10 percent the registered
length, gross registered tons, or shaft
horsepower of the eligible vessel; and
(F) If the replacement vessel is already an AFA catcher vessel, the
inshore cooperative catch history of
both vessels may be merged in the replacement vessel for the purpose of determining inshore cooperative allocations except that a catcher vessel with
an endorsement to deliver pollock to
AFA catcher/processors may not be simultaneously endorsed to deliver pollock to AFA motherships or AFA
inshore processors.
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
(G) Replacement of replacement vessels. In the event that a permitted replacement vessel is lost under the circumstances described in paragraph
(l)(7)(i)(A) of this section, the replacement vessel may be replaced according
to the provisions of this paragraph
(l)(7). However, the maximum length,
tonnage, and horsepower of any subsequent replacement vessels are determined by the length, tonnage, and
horsepower of the originally qualifying
AFA vessel and not by those of any
subsequent replacement vessels.
(ii) Application for permit. A completed application for an AFA permit
for a replacement vessel must contain:
(A) Identification of lost AFA eligible
vessel.
(1) Name, ADF&G vessel registration
number, USCG documentation number,
AFA permit number, gross tons, shaft
horsepower, and registered length from
USCG documentation of the vessel;
(2) Name(s), tax ID number(s), business mailing address(es), telephone
number(s), FAX number(s), and e-mail
address(es) of owner(s);
(3) The last year in which the vessel
harvested or processed pollock in a
BSAI directed pollock fishery; and
(4) Description of how the vessel was
lost or destroyed. Attach a USCG Form
2692 or insurance papers to verify the
claim.
(B) Identification of replacement vessel.
(1) Name, ADF&G vessel registration
number, USCG documentation number,
gross tons, shaft horsepower, registered
length, net tons from USCG documentation, length overall (in feet), and
Federal Fisheries Permit number of
the vessel;
(2) Name(s), tax ID number(s), business mailing address(es), business telephone number(s), business FAX number(s), and business e-mail address(es)
of the owner(s);
(3) YES or NO indication of whether
the vessel was built in the United
States; and
(4) YES or NO indication of whether
the vessel has ever been rebuilt, and if
so whether it was rebuilt in the United
States.
(C) Certification of applicant and notary. Signature(s) and printed name(s)
of owner(s) and date of signature; signature, notary stamp or seal of notary
public, and date notary commission expires.
(8) Application evaluations and appeals—(i) Initial evaluation. The Regional Administrator will evaluate an
application for an AFA fishing or processing permit submitted in accordance
with paragraph (1) of this section and
compare all claims in the application
with the information in the official
AFA record. Claims in the application
that are consistent with information in
the official AFA record will be accepted by the Regional Administrator. Inconsistent claims in the application,
unless supported by evidence, will not
be accepted. An applicant who submits
claims based on inconsistent information or fails to submit the information
specified in the application for an AFA
permit will be provided a single 60-day
evidentiary period to submit the specified information, submit evidence to
verify the applicant’s inconsistent
claims, or submit a revised application
with claims consistent with information in the official AFA record. An applicant who submits claims that are inconsistent with information in the official AFA record has the burden of proving that the submitted claims are correct.
(ii) Additional information and evidence. The Regional Administrator will
evaluate the additional information or
evidence to support an applicant’s
claims submitted within the 60-day evidentiary period. If the Regional Administrator determines that the additional
information or evidence meets the applicant’s burden of proving that the inconsistent claims in his or her application are correct, the official AFA
record will be amended and the information will be used in determining
whether the applicant is eligible for an
AFA permit. However, if the Regional
Administrator determines that the additional information or evidence does
not meet the applicant’s burden of
proving that the inconsistent claims in
his or her application is correct, the
applicant will be notified by an initial
administrative determination that the
applicant did not meet the burden of
proof to change information in the official AFA record.
(iii) Sixty-day evidentiary period. The
Regional Administrator will specify by
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Fishery Conservation and Management
letter a 60-day evidentiary period during which an applicant may provide additional information or evidence to
support the claims made in his or her
application, or to submit a revised application with claims consistent with
information in the official AFA record,
if the Regional Administrator determines that the applicant did not meet
the burden of proving that the information on the application is correct
through evidence provided with the application. Also, an applicant who fails
to submit required information will
have 60 days to provide that information. An applicant will be limited to
one 60-day evidentiary period. Additional information or evidence, or a revised application received after the 60day evidentiary period specified in the
letter has expired will not be considered for the purposes of the initial administrative determination.
(iv) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to
the applicant following the expiration
of the 60-day evidentiary period if the
Regional Administrator determines
that the information or evidence provided by the applicant fails to support
the applicant’s claims and is insufficient to rebut the presumption that
the official AFA 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 60-day evidentiary period. The
IAD will indicate the deficiencies in
the application, including any deficiencies with the information, the evidence submitted in support of the information, or the revised application.
The IAD will also indicate which
claims cannot be approved based on the
available information or evidence. An
applicant who receives an IAD may appeal under the appeals procedures set
out at § 679.43. An applicant who avails
himself or herself of the opportunity to
appeal an IAD will receive an interim
AFA permit that authorizes a person to
participate in an AFA pollock fishery
and will have the specific endorsements and designations based on the
claims in his or her application. An interim AFA permit based on claims con-
§ 679.4
trary to the Official Record will expire
upon final agency action.
(v) Effect of cooperative allocation appeals. An AFA inshore cooperative may
appeal the pollock quota share issued
to the cooperative under § 679.62; however, final agency action on the appeal
must occur prior to December 1 for the
results of the appeal to take effect during the subsequent fishing year.
(m) Participation in the AI directed pollock fishery—(1) Applicability. Harvesting pollock in the AI directed pollock fishery and processing pollock
taken in the AI directed pollock fishery is authorized only for those harvesters and processors that are selected
by the Aleut Corporation and approved
by the Regional Administrator to harvest pollock in the AI directed pollock
fishery or to process pollock taken in
the AI directed pollock fishery.
(2) Annual selection of participants by
the Aleut Corporation. Each year and at
least 14 days before harvesting pollock
in the AI directed pollock fishery or
processing pollock harvested in the AI
directed pollock fishery, a participant
must be selected by the Aleut Corporation and the following information for
each participant must be submitted by
the designated contact to the Regional
Administrator:
(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. (i) Participants must have:
(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.
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§ 679.4
50 CFR Ch. VI (10–1–11 Edition)
(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. (i) The Regional Administrator shall disapprove
any participant that does not meet the
conditions under paragraph (m)(3)(i) of
this section. The Regional Administrator will notify in writing the Aleut
Corporation and the selected participant of the disapproval. The selected
participant will have 30 days in which
to submit proof of meeting the requirements to participate in the AI directed
pollock fishery.
(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 30day 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 evi-
dence. 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—(1) Cooperative
quota (CQ). (i) A CQ permit is issued
annually to a rockfish cooperative if
the members of that rockfish cooperative have submitted a complete and
timely application for CQ as described
at § 679.81(e)(4) that is subsequently approved by the Regional Administrator.
A CQ permit authorizes a rockfish cooperative to participate in the Rockfish Program. The CQ permit will indicate the amount of primary rockfish
species and secondary species that may
be harvested by the rockfish cooperative, and the amount of rockfish halibut PSC that may be used by the rockfish cooperative. The CQ permit will
list the members of the rockfish cooperative, the vessels that are authorized
to fish under the CQ permit for that
rockfish cooperative, and the eligible
rockfish processor with whom that
rockfish cooperative is associated, if
applicable.
(ii) A CQ permit is valid under the
following circumstances:
(A) Until the end of the year for
which the CQ permit is issued;
(B) Until the amount harvested is
equal to the amount specified on the
CQ permit for all primary rockfish species, secondary species, and rockfish
halibut PSC;
(C) Until the permit is modified by
transfers under § 679.81(f);
(D) Until the permit is voided
through an approved rockfish cooperative termination of fishing declaration;
or
(E) Until the permit is revoked, suspended, or modified pursuant to § 679.43
or under 15 CFR part 904.
(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. (i) A rockfish cooperative may choose to extinguish its
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Fishery Conservation and Management
CQ permit through a declaration submitted to NMFS.
(ii) This declaration may only be submitted to NMFS using the following
methods:
(A) Fax: 907–586–7354;
(B) Hand Delivery or Carrier. NMFS,
Room 713, 709 4th Street, Juneau, AK
99801; or
(C) By mail: Restricted Access Management Program, NMFS, P.O. Box
21668, Juneau, AK 99802–1668
(iii) A Rockfish cooperative termination of fishing declaration must include the following information:
(A) CQ permit number;
(B) The date the declaration is submitted; and
(C) The rockfish cooperative’s legal
name, NMFS Person ID, the permanent
business address, telephone number,
fax number, and e-mail address (if
available) of the rockfish cooperative
or its designated representative, and
the printed name and signature of the
designated representative of the rockfish cooperative.
(iv) NMFS will review the declaration and notify the rockfish cooperative’s designated representative once
the declaration has been approved.
(v) Upon approval of a declaration,
the CQ for all primary rockfish species
and secondary species will be set to
zero, rockfish halibut PSC assigned to
that rockfish cooperative will be reapportioned under the provisions described at § 679.21(d)(5)(iii)(B) and that
rockfish cooperative may not receive
any CQ for any primary rockfish species, secondary species, and rockfish
halibut PSC by transfer for the remainder of that calendar year.
(3) Eligible rockfish processor. (i) The
Regional Administrator will issue an
eligible rockfish processor permit to
persons who have submitted a complete
application described at § 679.81(d), that
is subsequently approved by the Regional Administrator. An eligible rockfish processor permit authorizes a
shoreside processor or stationary floating processor to receive fish harvested
under the Rockfish Program, except for
fish harvested under the rockfish entry
level fishery.
(ii) A permit is valid under the following circumstances:
§ 679.4
(A) Until the permit is modified by
transfers under § 679.81(g); or
(B) Until the permit is revoked, suspended, or modified pursuant to § 679.43
or 15 CFR part 904.
(iii) A legible copy of the eligible
rockfish processor permit must be
available at the facility at which Rockfish Program fish are received.
(o) Amendment 80 Program—(1) Amendment 80 QS permit. (i) An Amendment 80
QS permit is issued to a person who
submits a timely and complete application for Amendment 80 QS that is approved by NMFS under § 679.90(b).
(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), 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(e).
(vi) A person must hold an Amendment 80 LLP license to hold an Amendment 80 QS permit.
(2) Amendment 80 Cooperative quota
(CQ) permit. (i) A CQ permit is issued
annually to an Amendment 80 cooperative that submits a timely and complete application for CQ that is approved by NMFS as described at
§ 679.91(b)(4).
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§ 679.5
50 CFR Ch. VI (10–1–11 Edition)
(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. (i) An Amendment 80 limited access fishery permit is required for an
Amendment 80 QS holder to catch,
process, and receive Amendment 80 species assigned to the Amendment 80 limited access fishery, or use halibut and
crab PSC assigned to the Amendment
80 limited access fishery. An Amendment 80 limited access fishery permit
is issued annually to an Amendment 80
QS holder who:
(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.
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.4, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.
§ 679.5 Recordkeeping and reporting
(R&R).
(a) General R&R requirements. R&R requirements include, but are not limited
to, paper and electronic documentation, logbooks, forms, reports, receipts,
computer printouts, and requests for
inspection described in this section and
in § 679.28.
(1) Groundfish logbooks and forms. (i)
The Regional Administrator will prescribe and provide groundfish logbooks
required under this section. All groundfish forms required under this section
are available from the Alaska Region
website at http://alaskafisheries.noaa.gov
or may be requested by calling the Sustainable Fisheries Division at 907–586–
7228 or faxing 907–586–7465. The forms
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| File Type | application/pdf |
| File Modified | 2014-08-12 |
| File Created | 2014-08-12 |