50 CFR Part 679

Fishery Conservation and Management

PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
Subpart A—General
Sec.
679.1 Purpose and scope.
679.2 Definitions.
679.3 Relation to other laws.
679.4 Permits.
679.5 Recordkeeping and reporting.
679.6 Exempted fisheries.
679.7 Prohibitions.
679.8 Facilitation of enforcement.
679.9 Penalties.

Subpart B—Management Measures
679.20 General limitations.
679.21 Prohibited species bycatch management.
679.22 Closures.
679.23 Seasons.
679.24 Gear limitations.
679.25 Inseason adjustments.
679.26 Prohibited Species Donation Program.
679.27 Improved Retention/Improved Utilization Program.
679.28 Equipment and operational requirements.

Subpart C—Western Alaska Community
Development Quota Program
679.30 [Reserved]
679.31 CDQ and PSQ reserves, allocations,
and transfers.
679.32 Groundfish and halibut CDQ catch
monitoring.
679.33 CDQ cost recovery.

Subpart D—Individual Fishing Quota
Management Measures
679.40
679.41
679.42
679.43
679.44
679.45

Sablefish and halibut QS.
Transfer of quota shares and IFQ.
Limitations on use of QS and IFQ.
Determinations and appeals.
Penalties.
IFQ cost recovery program.

Subpart E—North Pacific Observer Program
679.50 Applicability.
679.51 Observer and Electronic Monitoring
System requirements for vessels and
plants.
679.52 Observer provider permitting and responsibilities.
679.53 Observer certification and responsibilities.
679.54 Release of observer data to the public.

Pt. 679
679.55

Observer fees.

Subpart F—American Fisheries Act and
Aleutian Island Directed Pollock Fishery Management Measures
679.60 Authority and related regulations.
679.61 Formation and operation of fishery
cooperatives.
679.62 Inshore sector cooperative allocation
program.
679.63 Catch weighing requirements for vessels and processors.
679.64 Harvesting sideboard limits in other
fisheries.
679.65 Bering Sea Chinook Salmon Bycatch
Management Program Economic Data
Report (Chinook salmon EDR program).
679.66 AFA cost recovery.
679.67 Aleutian Islands pollock cost recovery.

Subpart G—Rockfish Program
679.80 Allocation and transfer of rockfish
QS.
679.81 Rockfish Program annual harvester
privileges.
679.82 Rockfish Program use caps and
sideboard limits.
679.83 Rockfish
Program
entry
level
longline fishery.
679.84 Rockfish
Program
recordkeeping,
permits, monitoring, and catch accounting.
679.85 Cost recovery.

Subpart H—Amendment 80 Program
679.90 Allocation, use, and transfer of
Amendment 80 QS permits.
679.91 Amendment 80 Program annual harvester privileges.
679.92 Amendment 80 Program use caps and
sideboard limits.
679.93 Amendment 80 Program recordkeeping, permits, monitoring, and catch
accounting.
679.94 Economic data report (EDR) for the
Amendment 80 sector.
679.95 Amendment 80 Program cost recovery.

Subpart I—Equipment and Operational Requirements for the Longline Catcher/
Processor Subsector
679.100

Applicability.

Subpart J [Reserved]
Subpart K—Halibut Deck Sorting
679.120
679.121

517

Halibut deck sorting.
[Reserved]

Pt. 679

50 CFR Ch. VI (10–1–23 Edition)

Subpart L—Pacific Cod Trawl Cooperative
Program
679.130 Allocation, use, and transfer of
PCTC Program QS permits.
679.131 PCTC Program annual harvester
privileges.
679.132 Aleutian Islands CQ set-aside provisions in the PCTC Program.
679.133 PCTC Program ownership caps, use
caps, and sideboard limits.
679.134 PCTC Program permits, catch monitoring, catch accounting, and recordkeeping and reporting.
679.135 PCTC Program cost recovery.
APPENDIX A TO PART 679—PERFORMANCE AND
TECHNICAL REQUIREMENTS FOR SCALES
USED TO WEIGH CATCH AT SEA IN THE
GROUNDFISH FISHERIES OFF ALASKA
FIGURE 1 TO PART 679—BERING SEA AND ALEUTIAN ISLANDS STATISTICAL AND REPORTING
AREAS
FIGURE 2 TO PART 679—BSAI CATCHER VESSEL
OPERATIONAL AREA
FIGURE 3 TO PART 679—GULF OF ALASKA REPORTING AREAS
FIGURE 4 TO PART 679—BSAI HERRING SAVINGS AREAS
FIGURE 5 TO PART 679—KODIAK ISLAND TYPE
1, 2, AND 3 NONPELAGIC TRAWL CLOSURE
STATUS AND MARMOT BAY TANNER CRAB
PROTECTION AREA
FIGURE 6 TO PART 679—LENGTH OVERALL OF
VESSEL
FIGURE 7 TO PART 679—LOCATION OF TRAWL
GEAR TEST AREAS IN THE GOA AND THE
BSAI
FIGURE 8 TO PART 679—ALEUTIAN ISLANDS
CHINOOK SALMON SAVINGS AREA
FIGURE 9 TO PART 679—CHUM SAVINGS AREA
(CSSA) OF THE CVOA
FIGURE 10 TO PART 679—PRIBILOF ISLANDS
HABITAT CONSERVATION ZONE (PIHCZ) IN
THE BERING SEA
FIGURE 11 TO PART 679—RED KING CRAB SAVINGS AREA (RKCSA)
FIGURE 12 TO PART 679—BRISTOL BAY TRAWL
CLOSURE AREA
FIGURE 13 TO PART 679—BSAI C. OPILIO TANNER CRAB BYCATCH LIMITATIONS ZONE
FIGURE 14 TO PART 679—SABLEFISH REGULATORY AREAS
FIGURE 15 TO PART 679—REGULATORY AREAS
FOR THE PACIFIC HALIBUT FISHERY
FIGURE 16 TO PART 679—BERING SEA HABITAT
CONSERVATION AREA
FIGURE 17 TO PART 679—NORTHERN BERING
SEA RESEARCH AREA AND SAINT LAWRENCE ISLAND HABITAT CONSERVATION
AREA (HCA)
FIGURE 18 TO PART 679—SITKA PINNACLES MARINE RESERVE
FIGURE 19 TO PART 679—SHELIKOF STRAIT
CONSERVATION AREA
FIGURE 20 TO PART 679—STELLER SEA LION
CONSERVATION AREA (SCA) OF THE BERING
SEA

FIGURE 21 TO PART 679—NUNIVAK ISLAND,
ETOLIN STRAIT, AND KUSKOKWIM BAY
HABITAT CONSERVATION AREA
FIGURE 22 TO PART 679 [RESERVED]
FIGURE 23 TO PART 679—SALMON MANAGEMENT AREA
FIGURE 24 TO PART 679—ARCTIC MANAGEMENT
AREA
FIGURE 25 TO PART 679—ELEVATING DEVICE
CLEARANCE MEASUREMENT LOCATIONS FOR
MODIFIED NONPELAGIC TRAWL GEAR
FIGURE 26 TO PART 679—MODIFIED NONPELAGIC TRAWL GEAR
FIGURE 27 TO PART 679—LOCATIONS FOR MEASURING MAXIMUM CROSS SECTIONS OF LINE
MATERIAL (SHOWN AS A) AND SUPPORTING
MATERIAL (SHOWN AS B) FOR MODIFIED
NONPELAGIC TRAWL GEAR
TABLE 1a TO PART 679—DELIVERY CONDITION*
AND PRODUCT CODES
TABLE 1b TO PART 679—DISCARD AND DISPOSITION CODES
TABLE 1c TO PART 679—PRODUCT TYPE CODES
TABLE 2a TO PART 679—SPECIES CODES: FMP
GROUNDFISH
TABLE 2b TO PART 679—SPECIES CODE: FMP
PROHIBITED SPECIES AND CR CRAB
TABLE 2c TO PART 679—SPECIES CODES: FMP
FORAGE FISH SPECIES (ALL SPECIES OF
THE FOLLOWING FAMILIES), GRENADIER
SPECIES, SQUIDS, AND SCULPINS
TABLE 2d TO PART 679—SPECIES CODES: NONFMP SPECIES
TABLE 3 TO PART 679—PRODUCT RECOVERY
RATES FOR GROUNDFISH SPECIES AND CONVERSION RATES FOR PACIFIC HALIBUT
TABLE 4 TO PART 679—STELLER SEA LION
PROTECTION AREAS POLLOCK FISHERIES
RESTRICTIONS
TABLE 5 TO PART 679—STELLER SEA LION
PROTECTION AREAS PACIFIC COD FISHERIES RESTRICTIONS
TABLE 6 TO PART 679—STELLER SEA LION
PROTECTION AREAS ATKA MACKEREL FISHERIES RESTRICTIONS
TABLE 7 TO PART 679—COMMUNITY DEVELOPMENT QUOTA GROUPS AND COMMUNITIES
ELIGIBLE TO PARTICIPATE IN THE CDQ
PROGRAM
TABLE 8 TO PART 679—HARVEST ZONE CODES
FOR USE WITH VESSEL ACTIVITY REPORTS
TABLE 9 TO PART 679—GROUNDFISH LLP LICENSES ELIGIBLE FOR USE IN THE BSAI
CATCHER/PROCESSOR
SUBLONGLINE
SECTOR, COLUMN A. X INDICATES WHETHER
COLUMN B OR COLUMN C APPLIES.
TABLE 10 TO PART 679—GULF OF ALASKA
RETAINABLE PERCENTAGE
TABLE 11 TO PART 679—BSAI RETAINABLE
PERCENTAGE
TABLE 12 TO PART 679—STELLER SEA LION
PROTECTION AREAS, 3NM NO GROUNDFISH
FISHING SITES
TABLE 13 TO PART 679—TRANSFER FORM SUMMARY

TABLE 14a TO PART 679—PORT OF LANDING
CODES, ALASKA

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Fishery Conservation and Management
TABLE 14b TO PART 679—PORT OF LANDING
CODES: NON-ALASKA
TABLE 14c TO PART 679—AT-SEA OPERATION
TYPE CODES TO BE USED AS PORT CODES
FOR VESSELS MATCHING THIS TYPE OF OPERATION

TABLE 15 TO PART 679—GEAR CODES, DESCRIPTIONS, AND USE
TABLE 16 TO PART 679—AREA CODES AND DESCRIPTIONS FOR USE WITH STATE OF ALASKA ADF&G COMMERCIAL OPERATOR’S ANNUAL REPORT (COAR)
TABLE 17 TO PART 679—PROCESS CODES FOR
USE WITH STATE OF ALASKA COMMERCIAL
OPERATOR’S ANNUAL REPORT (COAR)
TABLE 18 TO PART 679—REQUIRED BUYING AND
PRODUCTION FORMS FOR USE WITH STATE
OF ALASKA COMMERCIAL OPERATOR’S ANNUAL REPORT (COAR)
TABLE 19 TO PART 679—SEABIRD AVOIDANCE
GEAR CODES
TABLE 20 TO PART 679—SEABIRD AVOIDANCE
GEAR REQUIREMENTS FOR VESSELS, BASED
ON AREA, GEAR, AND VESSEL TYPE. (SEE
§ 679.24(e) FOR COMPLETE SEABIRD AVOIDANCE
PROGRAM
REQUIREMENTS;
SEE
679.24(e)(1) FOR APPLICABLE FISHERIES
TABLE 21 TO PART 679—ELIGIBLE COMMUNITIES, HALIBUT IFQ REGULATORY AREA
LOCATION, COMMUNITY GOVERNING BODY
THAT RECOMMENDS THE CQE, AND THE
FISHING PROGRAMS AND ASSOCIATED
AREAS WHERE A CQE REPRESENTING AN
ELIGIBLE COMMUNITY MAY BE PERMITTED
TO PARTICIPATE
TABLE 22 TO PART 679—ALASKA SEAMOUNT
HABITAT PROTECTION AREAS
TABLE 23 TO PART 679—ALEUTIAN ISLANDS
CORAL HABITAT PROTECTION AREAS
TABLE 24 TO PART 679—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING
TABLE 25 TO PART 679—BOWERS RIDGE HABITAT CONSERVATION ZONE
TABLE 26 TO PART 679—GULF OF ALASKA
CORAL HABITAT PROTECTION AREAS
TABLE 27 TO PART 679—GULF OF ALASKA
SLOPE HABITAT CONSERVATION AREAS
TABLE 28a TO PART 679—QUALIFYING SEASON
DATES FOR CENTRAL GOA ROCKFISH PRIMARY SPECIES
TABLE 28b TO PART 679—QUALIFYING SEASON
DATES FOR CENTRAL GOA ROCKFISH PRIMARY SPECIES
TABLE 28c TO PART 679—ALLOCATION OF ROCKFISH SECONDARY SPECIES
TABLE 28d TO PART 679—ALLOCATION OF HALIBUT PSC UNDER THE CENTRAL GOA ROCKFISH PROGRAM
TABLE 28e TO PART 679—ROCKFISH ENTRY
LEVEL LONGLINE FISHERY ALLOCATIONS
TABLE 29 TO PART 679—INITIAL ROCKFISH QS
POOLS
TABLE 30 TO PART 679—ROCKFISH PROGRAM
RETAINABLE PERCENTAGES

Pt. 679
TABLE 31 TO PART 679—LIST OF AMENDMENT
80 VESSELS AND LLP LICENSES ORIGINALLY ASSIGNED TO AN AMENDMENT 80
VESSEL
TABLE 32 TO PART 679—AMENDMENT 80 INITIAL
QS POOL
TABLE 33 TO PART 679—ANNUAL APPORTION OF
AMENDMENT 80 SPECIES ITAC BETWEEN
THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS (EXCEPT YELLOWFIN
SOLE)
TABLE 34 TO PART 679—ANNUAL APPORTIONMENT OF BSAI YELLOWFIN SOLE BETWEEN
THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS
TABLE 35 TO PART 679—APPORTIONMENT OF
CRAB PSC AND HALIBUT PSC BETWEEN
THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS
TABLE 36 TO PART 679—PERCENTAGE OF CRAB
AND HALIBUT PSC LIMIT ASSIGNED TO
EACH AMENDMENT 80 SPECIES
TABLE 37 TO PART 679—GOA AMENDMENT 80
SIDEBOARD LIMIT FOR GROUNDFISH FOR
THE AMENDMENT 80 SECTOR
TABLE 38 TO PART 679—GOA AMENDMENT 80
SIDEBOARD LIMIT FOR HALIBUT PSC FOR
THE AMENDMENT 80 SECTOR
TABLE 39 TO PART 679—AMENDMENT 80 VESSELS THAT MAY BE USED TO DIRECTED
FISH FOR FLATFISH IN THE GOA
TABLE 40 TO PART 679—BSAI HALIBUT PSC
SIDEBOARD LIMITS FOR AFA CATCHER/
PROCESSORS AND AFA CATCHER VESSELS
TABLE 41 TO PART 679—BSAI CRAB PSC
SIDEBOARD LIMITS FOR AFA CATCHER/
PROCESSORS AND AFA CATCHER VESSELS
TABLE 42 TO PART 679—BERING SEA HABITAT
CONSERVATION AREA
TABLE 43 TO PART 679—NORTHERN BERING SEA
RESEARCH AREA
TABLE 44 TO PART 679—NUNIVAK ISLAND,
ETOLIN STRAIT, AND KUSKOKWIM BAY
HABITAT CONSERVATION AREA
TABLE 45 TO PART 679—ST. LAWRENCE ISLAND
HABITAT CONSERVATION AREA
TABLE 46 TO PART 679—ST. MATTHEW ISLAND
HABITAT CONSERVATION AREA
TABLES 47–48 TO PART 679 [RESERVED]
TABLE 49 TO PART 679—GROUNDFISH LICENSES
QUALIFYING FOR HOOK-AND-LINE CATCHER/
PROCESSOR ENDORSEMENT EXEMPTION
TABLE 50 TO PART 679 [RESERVED]
TABLE 51 TO PART 679—MODIFIED GEAR
TRAWL ZONE
TABLE 52 TO PART 679—GROUNDFISH LLP LICENSES ELIGIBLE FOR A BSAI TRAWL LIMITED ACCESS SECTOR YELLOWFIN SOLE DIRECTED FISHERY ENDORSEMENT
TABLE 53 TO PART 679—GROUNDFISH LLP LICENSES THAT REQUIRE QUALIFIED LANDINGS ASSIGNMENT TO BE ELIGIBLE FOR A
BSAI TRAWL LIMITED ACCESS SECTOR
YELLOWFIN SOLE DIRECTED FISHERY ENDORSEMENT

TABLE 54 TO PART 679—BSAI SPECIES AND
SPECIES GROUPS FOR WHICH DIRECTED

519

§ 679.1

50 CFR Ch. VI (10–1–23 Edition)

FISHING FOR SIDEBOARD LIMITS BY LISTED
AFA CATCHER/PROCESSORS AND CATCHER/
PROCESSORS DESIGNATED ON LISTED AFA
CATCHER/PROCESSOR PERMITS IS PROHIBITED

TABLE 55 TO PART 679—BSAI SPECIES AND
SPECIES GROUPS FOR WHICH DIRECTED
FISHING FOR SIDEBOARD LIMITS BY NONEXEMPT AFA CATCHER VESSELS IS PROHIBITED

TABLE 56 TO PART 679—GOA SPECIES AND
SPECIES GROUPS FOR WHICH DIRECTED
FISHING FOR SIDEBOARD LIMITS BY NONEXEMPT AFA CATCHER VESSELS IS PROHIBITED

TABLE 57 TO PART 679—GROUNDFISH LLP LICENSES WITH BERING SEA OR ALEUTIAN ISLANDS AREA AND CATCHER/PROCESSOR OPERATION ENDORSEMENTS ELIGIBLE FOR A
BSAI PACIFIC COD TRAWL MOTHERSHIP
ENDORSEMENT
AUTHORITY: 16 U.S.C. 773 et seq.; 1801 et seq.;
3631 et seq.; Pub. L. 108–447; Pub. L. 111–281.
EDITORIAL NOTE: Nomenclature changes to
part 679 appear at 61 FR 56438, Nov. 1, 1996; 62
FR 2047, Jan. 15, 1997; 66 FR 27909, May 21,
2001; 67 FR 79739, Dec. 30, 2002; and 77 FR 6502,
Feb. 8, 2012.

Subpart A—General
§ 679.1 Purpose and scope.
Regulations in this part were developed by the Council under the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq.
(Magnuson-Stevens
Act)
and
the
Northern Pacific Halibut Act of 1982
(Halibut Act). Along with part 600 of
this chapter, these regulations implement the following:
(a) Fishery Management Plan for
Groundfish of the Gulf of Alaska. (1) Regulations in this part govern commercial fishing for groundfish in the GOA
by vessels of the United States (see
subparts A, B, D, and E of this part).
(2) The following State of Alaska regulations are not preempted by this part
for vessels regulated under this part
fishing for demersal shelf rockfish in
the Southeast Outside District, and
which are registered under the laws of
the State of Alaska: 5 AAC 28.111, fishing seasons; 5 AAC 28.130, gear; 5 AAC
28.160, harvest guidelines; 5 AAC 28.190,
harvest of bait by commercial permit
holders.
(b) Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area. Regula-

tions in this part govern commercial
fishing for groundfish in the BSAI by
vessels of the United States (see subparts A, B, C, D, and E of this part).
(c) [Reserved]
(d) IFQ Program for sablefish and halibut. The IFQ management measures
for the commercial fisheries that use
fixed gear to harvest sablefish and halibut (see subparts A, B, D, and E of this
part).
(1) Sablefish. (i) Regulations in this
part govern commercial fishing for sablefish by vessels of the United States:
(A) Using fixed gear within that portion of the GOA and the BSAI over
which the United States exercises exclusive fishery management authority;
and
(B) Using fixed gear in waters of the
State of Alaska adjacent to the BSAI
and the GOA, provided that aboard
such vessels are persons who currently
hold sablefish quota shares, sablefish
IFQ permits, or sablefish IFQ hired
master permits.
(ii) Regulations in this part do not
govern commercial fishing for sablefish
in Prince William Sound or under a
State of Alaska limited entry program.
(2) Halibut. Regulations in this part
govern commercial fishing for halibut
by vessels of the United States using
fixed gear, as that term is defined in 50
CFR 679.2, in and off of Alaska.
(e) Western Alaska Community Development Quota (CDQ) Program. Regulations
in this part govern the Western Alaska
CDQ Program (see subparts A, B, C, D,
and E of this part). The purpose of the
program is specified in 16 U.S.C.
1855(i)(1)(A).
(f) Groundfish and Halibut Observer
Program. Regulations in this part govern elements of the Groundfish and
Halibut Observer Program.
(g) Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner
Crabs. Regulations in this part govern
commercial fishing for king and Tanner crab in the Bering Sea and Aleutian Islands Area by vessels of the
United States, and supersede State of
Alaska regulations applicable to the
commercial king and Tanner crab fisheries in the Bering Sea and Aleutians
Islands Area EEZ that are determined
to be inconsistent with the FMP (see

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Fishery Conservation and Management
subpart A, B, and E of this part). Additional regulations governing commercial fishing for, and processing of, king
and Tanner crab managed pursuant to
section 313(j) of the Magnuson-Stevens
Act and the Crab Rationalization Program are codified at 50 CFR part 680.
(h) Fishery Management Plan for the
Scallop Fishery off Alaska. (1) Regulations in this part govern commercial
fishing for scallops in the Federal
waters off Alaska by vessels of the
United States (see subpart A of this
part).
(2) State of Alaska laws and regulations that are consistent with the FMP
and with the regulations in this part
apply to vessels of the United States
that are fishing for scallops in the Federal waters off Alaska.
(i) Fishery Management Plan for the
Salmon Fisheries in the EEZ Off Alaska
(Salmon FMP)—(1) Regulations in this
part govern commercial fishing for
salmon by fishing vessels of the United
States in the West Area of the Salmon
Management Area.
(2) State of Alaska laws and regulations that are consistent with the
Salmon FMP and with the regulations
in this part apply to vessels of the
United States that are commercial and
sport fishing for salmon in the East
Area of the Salmon Management Area.
(j) License Limitation Program (LLP).
(1) Regulations in this part implement
the LLP for the commercial groundfish
fisheries in the EEZ off Alaska and the
LLP for the commercial crab fisheries
in the Bering Sea and Aleutians Islands
Area.
(2) Regulations in this part govern
the commercial fishing for groundfish
under the LLP by vessels of the United
States using authorized gear within
the GOA and the Bering Sea and Aleutians Islands Area and the commercial
fishing for crab species under the LLP
by vessels of the United States using
authorized gear within the Bering Sea
and Aleutians Islands Area.
(k) American Fisheries Act and AI directed pollock fishery measures. Regulations in this part were developed by
NMFS and the Council under the Magnuson-Stevens Act, the American Fisheries Act (AFA), and the Consolidated
Appropriations Act of 2004 to govern
commercial fishing for BSAI pollock

§ 679.2
according to the requirements of the
AFA and the Consolidated Appropriations Act of 2004. This part also governs
payment and collection of the loan,
under the AFA, the Magnuson-Stevens
Act, and Title XI of the Merchant Marine Act, 1936, made to all those persons who harvest pollock from the directed fishing allowance allocated to
the inshore component under section
206(b)(1) of the AFA.
(l) Fishery Management Plan for Fish
Resources of the Arctic Management
Area. Regulations in this part govern
commercial fishing for Arctic fish in
the Arctic Management Area by vessels
of the United States (see this subpart
and subpart B of this part).
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.1, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.2 Definitions.
In addition to the definitions in the
Magnuson-Stevens Act and in part 600
of this chapter, the terms used in this
part have the following meanings:
ABC reserve means, for purposes of
flathead sole, rock sole, and yellowfin
sole in the BSAI, an amount, not to exceed the ABC surplus, that may be reduced for social, economic, or ecological
considerations
according
to
§ 679.20(b)(1)(iii).
ABC surplus means, for purposes of
flathead sole, rock sole, and yellowfin
sole in the BSAI, the difference between each species’ annual ABC and
TAC.
Active/inactive periods means for
longline or pot gear catcher vessel, see
§ 679.5(c)(3)(iv)(A)(1); for longline or pot
gear
catcher/processor,
see
§ 679.5(c)(3)(iv)(B)(1); for trawl gear
catcher vessel, see § 679.5(c)(4)(iv)(A)(1);
for trawl gear catcher/processor, see
§ 679.5(c)(4)(iv)(B)(1); for shoreside processor or SFP, see § 679.5(c)(5)(ii); for
mothership, see § 679.5(c)(6)(iv).
Adequate evidence, for purposes of
subpart E of this part, means information sufficient to support the reasonable belief that a particular act or
omission has occurred.
ADF&G means the State of Alaska
Department of Fish and Game.

521

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

ADF&G fish ticket number means a
nine-digit number designated by one
alphabet letter (i.e., G = groundfish),
two numbers that identify the year
(i.e., 98), followed by six numbers.
ADF&G processor code means State of
Alaska Department of Fish & Game
(ADF&G) Intent to operate processor
license number (example: F12345).
AFA catcher/processor means:
(1) For purposes of BS pollock and all
BSAI groundfish fisheries other than
Atka mackerel, flathead sole, Greenland turbot, Pacific cod, Pacific ocean
perch, rock sole, and yellowfin sole, a
catcher/processor that is permitted to
harvest BS pollock under § 679.4(l)(2).
(2) For purposes of BSAI Atka mackerel, flathead sole, Greenland turbot,
Pacific cod, Pacific ocean perch, rock
sole, and yellowfin sole, a catcher/processor that is permitted to harvest BS
pollock and that is listed under
§ 679.4(l)(2)(i).
AFA catcher vessel means a catcher
vessel permitted to harvest BS pollock
under § 679.4(l)(3).
AFA crab processing facility means a
processing plant, catcher/processor,
mothership, floating processor or any
other operation that processes any
FMP species of BSAI crab, and that is
affiliated with an AFA entity that
processes pollock harvested by a catcher vessel cooperative operating in the
inshore or mothership sectors of the
BS pollock fishery.
AFA entity means a group of affiliated individuals, corporations, or other
business concerns, except for a CDQ
group, that harvests or processes pollock in the BS directed pollock fishery.
AFA fee liability means the amount of
money for Bering Sea pollock cost recovery, in U.S. dollars, owed to NMFS
by an AFA cooperative or AFA sector
as determined by multiplying the appropriate AFA standard ex-vessel value
of landed Bering Sea pollock by the appropriate AFA fee percentage.
AFA fee percentage means that positive number no greater than 3 percent
(0.03) determined by the Regional Administrator and established for use in
calculating the AFA fee liability for an
AFA cooperative or AFA sector.
AFA inshore processor means a shoreside processor or stationary floating

processor permitted to process BS pollock under § 679.4(l)(5).
AFA mothership means a mothership
permitted to process BS pollock under
§ 679.4(l)(4).
AFA pollock equivalent pounds means
the weight recorded in pounds for landed AFA pollock and calculated as
round weight.
AFA rebuilt vessel means an AFA vessel that was rebuilt after October 15,
2010.
AFA replacement vessel means a vessel
that NMFS designated on an AFA permit pursuant to § 679.4(l)(7) after October 15, 2010.
AFA standard ex-vessel value means
the total U.S. dollar amount of landed
Bering Sea pollock as calculated by
multiplying the number of landed
pounds of Bering Sea pollock by the appropriate AFA standard price determined by the Regional Administrator.
AFA standard price means the price,
in U.S. dollars, for landed Bering Sea
pollock, in AFA pollock equivalent
pounds, as determined by the Regional
Administrator.
AFA vessel means a vessel that is designated on an AFA catcher vessel permit, an AFA catcher/processor permit,
or an AFA mothership permit, and is
thereby authorized to participate in
the Bering Sea directed pollock fishery.
Affiliates, for purposes of subparts E
and H to this part, means business concerns, organizations, or individuals are
affiliates of each other if, directly or
indirectly, either one controls or has
the power to control the other, or a
third party controls or has the power
to control both. Indicators of control
include, but are not limited to: Interlocking management or ownership;
identity of interests among family
members; shared facilities and equipment; common use of employees; or a
business entity organized following the
decertification, suspension, or proposed
decertification of an observer provider
that has the same or similar management, ownership, or principal employees as the observer provider that was
decertified, suspended, or proposed for
decertification.
Affiliation for the purpose of defining
AFA, Rockfish Program, and PCTC Program means a relationship between two

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Fishery Conservation and Management
or more individuals, corporations, or
other business concerns, except CDQ
groups, in which one concern directly
or indirectly owns a 10 percent or
greater interest in another, exerts control over another, or has the power to
exert control over another; or a third
individual, corporation, or other business concern directly or indirectly
owns a 10 percent or greater interest in
both, exerts control over both, or has
the power to exert control over both.
(1) What is 10 percent or greater ownership? For the purpose of determining
affiliation, 10 percent or greater ownership is deemed to exist if an individual,
corporation, or other business concern
directly or indirectly owns 10 percent
or greater interest in a second corporation or other business concern.
(2) What is an indirect interest? An indirect interest is one that passes
through one or more intermediate entities. An entity’s percentage of indirect
interest in a second entity is equal to
the entity’s percentage of direct interest in an intermediate entity multiplied by the intermediate entity’s direct or indirect interest in the second
entity.
(3) What is control? For the purpose of
determining affiliation, control is
deemed to exist if an individual, corporation, or other business concern has
any of the following relationships or
forms of control over another individual, corporation, or other business
concern:
(i) Controls 10 percent or more of the
voting stock of another corporation or
business concern;
(ii) Has the authority to direct the
business of the entity that owns the
fishing vessel or processor. The authority to direct the business of the entity
does not include the right to simply
participate in the direction of the business activities of an entity that owns a
fishing vessel or processor;
(iii) Has the authority in the ordinary course of business to limit the actions of or to replace the chief executive officer, a majority of the board of
directors, any general partner or any
person serving in a management capacity of an entity that holds 10 percent or
greater interest in a fishing vessel or
processor. Standard rights of minority
shareholders to restrict the actions of

§ 679.2
the entity are not included in this definition of control provided they are unrelated to day-to-day business activities. These rights include provisions to
require the consent of the minority
shareholder to sell all or substantially
all the assets, to enter into a different
business, to contract with the major
investors or their affiliates, or to guarantee the obligations of majority investors or their affiliates;
(iv) Has the authority to direct the
transfer, operation, or manning of a
fishing vessel or processor. The authority to direct the transfer, operation, or
manning of a vessel or processor does
not include the right to simply participate in such activities;
(v) Has the authority to control the
management of or to be a controlling
factor in the entity that holds 10 percent or greater interest in a fishing
vessel or processor;
(vi) Absorbs all the costs and normal
business risks associated with ownership and operation of a fishing vessel or
processor;
(vii) Has the responsibility to procure
insurance on the fishing vessel or processor, or assumes any liability in excess of insurance coverage;
(viii) Has the authority to control a
fishery cooperative through 10 percent
or greater ownership or control over a
majority of the vessels in the cooperative, has the authority to appoint, remove, or limit the actions of or replace
the chief executive officer of the cooperative, or has the authority to appoint, remove, or limit the actions of a
majority of the board of directors of
the cooperative. In such instance, all
members of the cooperative are considered affiliates of the individual, corporation, or other business concern
that exerts control over the cooperative; or
(ix) Has the ability through any
other means whatsoever to control the
entity that holds 10 percent or greater
interest in a fishing vessel or processor.
Agent (1) For purposes of permits issued
under § 679.4, means a person appointed
and residing within the United States
who may apply for permits and may
otherwise act on behalf of the owner,
operator, or manager of a catcher vessel,
catcher/processor,
mothership,

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50 CFR Ch. VI (10–1–23 Edition)

shoreside processor, stationary floating
processor, buying station, tender vessel, support vessel, or on behalf of the
IFQ permit holders, IFQ registered
buyers, or CDQ halibut permit holders.
(2) For purposes of groundfish product
distribution under § 679.5(g), means a
buyer, distributor, or shipper but not a
buying station or tender vessel, who
may receive and distribute groundfish
on behalf of the owner, operator, and
manager
of
a
catcher/processor,
mothership, shoreside processor, or
stationary floating processor.
(3) For purposes of IFQ recordkeeping
and reporting under § 679.5(l), means a
person who on behalf of the Registered
Buyer may submit IFQ reports.
Agent for service of process means, for
purposes of § 679.21(f), a person appointed by the members of an AFA
inshore cooperative, a CDQ group, or
an entity representing the AFA catcher/processor
sector
or
the
AFA
mothership sector, who is authorized
to receive and respond to any legal
process issued in the United States
with respect to all owners and operators of vessels that are members of the
inshore cooperative, the entity representing the catcher/processor sector,
the entity representing the mothership
sector, or the entity representing the
cooperative or a CDQ group and owners
of all vessels directed fishing for pollock CDQ on behalf of that CDQ group.
AI directed pollock fishery means directed fishing for pollock in the AI
under the allocation to the Aleut Corporation authorized at § 679.20(a)(5)(iii).
Alaska local time (A.l.t.) means the
time in the Alaska time zone.
Alaska Seamount Habitat Protection
Areas means management areas established for the protection of seamount
habitat areas of particular concern in
the BSAI and GOA. See Table 22 to this
part.
Alaska State waters means waters adjacent to the State of Alaska and
shoreward of the EEZ off Alaska.
Aleut Corporation means the Aleut
Corporation incorporated pursuant to
the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.).
Aleut Corporation entity means a harvester or processor selected by the
Aleut Corporation and approved by

NMFS to harvest or process pollock in
the AI directed pollock fishery.
Aleutian Islands Coral Habitat Protection Areas means management areas established for the protection of certain
coral garden areas in reporting areas of
the Aleutian Islands subarea and adjacent State waters. See Table 23 to this
part.
Aleutian Islands Habitat Conservation
Area means a management area established for the protection of fish habitat
in reporting areas of the Aleutian Islands subarea and adjacent State
waters. See Table 24 to this part.
Aleutian Islands pollock equivalent
pounds means the weight recorded in
pounds for landed Aleutian Islands pollock and calculated as round weight.
Aleutian Islands pollock fee liability
means the amount of money for Aleutian Islands directed pollock cost recovery, in U.S. dollars, owed to NMFS
by the Aleut Corporation as determined by multiplying the appropriate
standard ex-vessel value of its landed
Aleutian Islands pollock by the appropriate Aleutian Islands pollock fee percentage.
Aleutian Islands pollock fee percentage
means that positive number no greater
than 3 percent (0.03) determined by the
Regional Administrator and established for use in calculating the Aleutian Islands pollock fee liability for the
Aleut Corporation.
Aleutian Islands pollock standard exvessel value means the total U.S. dollar
amount of landed Aleutian Islands pollock as calculated by multiplying the
number of landed pounds of Aleutian
Islands pollock by the appropriate
Aleutian Islands pollock standard price
determined by the Regional Administrator.
Aleutian Islands pollock standard price
means the price, in U.S. dollars, for
landed Aleutian Islands pollock, in
Aleutian Islands pollock equivalent
pounds, as determined by the Regional
Administrator.
Aleutian Islands shoreplant means a
processing facility that is physically
located on land west of 170° W. longitude within the State of Alaska.
Aleutian Islands Subarea (AI) of the
BSAI means that portion of the EEZ
contained in Statistical Areas 541, 542,
and 543 (see Figure 1 to this part).

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American Fisheries Act (AFA) means
Title II—Fisheries Subtitles I and II, as
cited within the Omnibus Appropriations Bill FY99 (Pub. L. 105–277).
Amendment 80 ABC reserve means the
amount of the flathead sole, rock sole,
or yellowfin sole ABC reserve that remains after designating the amount assigned to the CDQ ABC reserve and
that is allocated among Amendment 80
cooperatives as calculated annually as
described at § 679.91(i)(2).
Amendment 80 cooperative means a
group of Amendment 80 QS holders who
have chosen to fish cooperatively for
Amendment 80 species under the requirements of subpart H to this part
and who have applied for and received
a CQ permit issued by NMFS to catch
a quantity of fish expressed as a portion of the ITAC and crab and halibut
PSC limits.
Amendment
80
equivalent
pounds
means the weight recorded in pounds
for landed Amendment 80 species CQ
and calculated as round weight.
Amendment 80 fee liability means the
amount of money for Amendment 80
cost recovery, in U.S. dollars, owed to
NMFS by an Amendment 80 CQ permit
holder as determined by multiplying
the appropriate standard ex-vessel
value of landed Amendment 80 species
CQ by the appropriate Amendment 80
fee percentage.
Amendment 80 fee percentage means
that positive number no greater than 3
percent (0.03) determined by the Regional Administrator and established
for use in calculating the Amendment
80 fee liability for an Amendment 80 CQ
permit holder.
Amendment 80 fishery means an
Amendment 80 cooperative or the
Amendment 80 limited access fishery.
Amendment 80 initial QS pool means
the sum of Amendment 80 QS units established for an Amendment 80 species
in a management area based on the
Amendment 80 official record and used
for the initial allocation of Amendment 80 QS units and use cap calculations as described in § 679.92(a).
Amendment 80 legal landing means the
total catch of Amendment 80 species in
a management area in the BSAI by an
Amendment 80 vessel that:

§ 679.2
(1) Was made in compliance with
state and Federal regulations in effect
at that time; and
(2) Is recorded on a Weekly Production Report from January 20, 1998,
through December 31, 2004; and
(3) Amendment 80 species caught
while test fishing, fishing under an experimental, exploratory, or scientific
activity permit, or fishing under the
Western Alaska CDQ Program are not
considered Amendment 80 legal landings.
Amendment 80 limited access fishery
means the fishery conducted in the
BSAI by persons with Amendment 80
QS permits, Amendment 80 LLP licenses, or Amendment 80 vessels assigned to the Amendment 80 limited
access fishery.
Amendment 80 LLP license means:
(1) Any LLP license that is endorsed
for groundfish in the Bering Sea subarea or Aleutian Islands subarea with a
catcher/processor designation and that
designates an Amendment 80 vessel in
an approved application for Amendment 80 QS;
(2) Any LLP license that designates
an Amendment 80 vessel at any time
after the effective date of the Amendment 80 Program; and
(3) Any Amendment 80 LLP/QS license.
Amendment 80 LLP/QS license means
an LLP license originally assigned to
an originally qualifying Amendment 80
vessel with an Amendment 80 QS permit assigned to that LLP license.
Amendment 80 mackerel QS means
Atka mackerel QS derived from
Amendment 80 legal landings assigned
to an Amendment 80 mackerel vessel.
Amendment 80 mackerel vessel means
an Amendment 80 vessel that is not an
Amendment 80 non-mackerel vessel.
Amendment 80 non-mackerel QS means
Atka mackerel QS derived from
Amendment 80 legal landings assigned
to an Amendment 80 non-mackerel vessel.
Amendment 80 non-mackerel vessel
means an Amendment 80 vessel that is
less than 200 feet in length overall and
that has been used to catch less than
2.0 percent of the total Amendment 80
legal landings of BSAI Atka mackerel.
Amendment 80 official record means information used by NMFS to determine

525

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50 CFR Ch. VI (10–1–23 Edition)

eligibility to participate in the Amendment 80 Program and to assign specific
catch privileges to Amendment 80 QS
holders.
Amendment 80 Program means the
Program implemented under subpart H
of this part to manage Amendment 80
species fisheries by limiting participation in these fisheries to eligible participants.
Amendment 80 PSC means halibut and
crab PSC as described in Table 35 to
this part that are allocated to the
Amendment 80 sector.
Amendment 80 QS holder means a person who is issued an Amendment 80 QS
permit by NMFS.
Amendment 80 QS permit means a permit issued by NMFS that designates
the amount of Amendment 80 QS units
derived from the Amendment 80 legal
landings assigned to an Amendment 80
vessel for each Amendment 80 species
in a management area.
Amendment 80 QS pool means the sum
of Amendment 80 QS units established
for each Amendment 80 species in a
management area based on the Amendment 80 official record.
Amendment 80 QS unit means a measure of the Amendment 80 QS pool based
on Amendment 80 legal landings.
Amendment
80
replacement
vessel
means a vessel approved by NMFS in
accordance with § 679.4(o)(4).
Amendment 80 sector means:
(1) Those Amendment 80 QS holders
who own Amendment 80 vessels and
hold Amendment 80 LLP licenses; or
(2) Those persons who hold Amendment 80 LLP/QS licenses.
Amendment 80 species means the following species in the following regulatory areas:
(1) BSAI Atka mackerel;
(2) Aleutian Islands Pacific ocean
perch;
(3) BSAI flathead sole;
(4) BSAI Pacific cod;
(5) BSAI rock sole; and
(6) BSAI yellowfin sole.
Amendment 80 standard ex-vessel value
means the total U.S. dollar amount of
landed Amendment 80 species CQ as
calculated by multiplying the number
of landed Amendment 80 equivalent
pounds by the appropriate Amendment
80 standard price determined by the
Regional Administrator.

Amendment 80 standard price means
the price, in U.S. dollars, for landed
Amendment 80 species, in Amendment
80 equivalent pounds, as determined by
the Regional Administrator.
Amendment 80 vessel means any vessel
that:
(1) Is listed in Column A of Table 31
to this part with the corresponding
USCG Documentation Number listed in
Column B of Table 31 to this part; or
(2) Is designated on an Amendment 80
QS permit, Amendment 80 LLP/QS license, or Amendment 80 LLP license
and is approved by NMFS in accordance with § 679.4(o)(4) as an Amendment
80 replacement vessel.
Ancillary product (see Table 1 to this
part).
Appointed agent for service of process
means an agent appointed by the members of a fishery cooperative to serve
on behalf of the cooperative. The appointed agent for service of process
may be the owner of a vessel listed as
a member of the cooperative or a registered agent.
Arctic fish means finfish, mollusks,
crustaceans, and all other forms of marine animal and plant life other than
marine mammals, birds, Pacific salmon, and Pacific halibut.
Arctic Management Area, for purposes
of regulations governing the Arctic
Management Area fisheries, means all
marine waters in the U.S. EEZ of the
Chukchi and Beaufort Seas from 3 nautical miles off the coast of Alaska or
its baseline to 200 nautical miles offshore, north of Bering Strait (from
Cape Prince of Wales to Cape
Dezhneva) and westward to the 1990
U.S./Russia maritime boundary line
and eastward to the U.S./Canada maritime boundary (see Figure 24 to this
part).
Area endorsement means (for purposes
of groundfish LLP) a designation on a
license that authorizes a license holder
to deploy a vessel to conduct directed
fishing for license limitation groundfish in the designated area, subarea, or
district. Area endorsements, which are
inclusive of, but not necessarily the
same as, management areas, subareas,
or districts defined in this part, are as
follows:
(1) Aleutian Islands area endorsement. Authorizes the license holder to

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Fishery Conservation and Management
deploy a vessel to conduct directed
fishing for license limitation groundfish in the Aleutian Islands Subarea;
(2) Bering Sea area endorsement. Authorizes the license holder to deploy a
vessel to conduct directed fishing for
license limitation groundfish in the
Bering Sea Subarea;
(3) Central Gulf area endorsement.
Authorizes the license holder to deploy
a vessel to conduct directed fishing for
license limitation groundfish in the
Central GOA regulatory area and the
West Yakutat District;
(4) Southeast Outside area endorsement. Authorizes the license holder to
deploy a vessel to conduct directed
fishing for license limitation groundfish in the Southeast Outside District;
and
(5) Western Gulf area endorsement.
Authorizes the license holder to deploy
a vessel to conduct directed fishing for
license limitation groundfish in the
Western GOA regulatory area.
Area/species endorsement means (for
purposes of LLP) a designation on a license that authorizes a license holder
to deploy a vessel to conduct directed
fishing for the designated crab species
in Federal waters in the designated
area (see Figures 16 and 17 to this part).
Area/species endorsements for crab species licenses are as follows:
(1) Aleutian Islands brown king in
waters with an eastern boundary the
longitude of Scotch Cap Light (164°44′
W. long.), a western boundary of the
U.S.-Russian Convention Line of 1867,
and a northern boundary of a line from
the latitude of Cape Sarichef (54°36′ N.
lat.) westward to 171° W. long., then
north to 55°30′ N. lat., then west to the
U.S.-Russian Convention line of 1867.
(2) Aleutian Islands red king in
waters with an eastern boundary the
longitude of Scotch Cap Light (164°44′
W. long.), a western boundary of the
U.S.-Russian Convention Line of 1867,
and a northern boundary of a line from
the latitude of Cape Sarichef (54°36′ N.
lat.) westward to 171° W. long., then
north to 55°30′ N. lat., and then west to
the U.S.-Russian Convention line of
1867.
(3) Bristol Bay red king in waters
with a northern boundary of 58°39′ N.
lat., a southern boundary of 54°36′ N.
lat., and a western boundary of 168° W.

§ 679.2
long. and including all waters of Bristol Bay.
(4) Bering Sea and Aleutian Islands
Area C. opilio and C. bairdi in Pacific
Ocean and Bering Sea waters east of
the U.S.-Russian Convention Line of
1867, excluding all Pacific Ocean waters
east of a boundary line extending south
(180°) from Scotch Cap Light.
(5) Norton Sound red king and Norton
Sound blue king in waters with a western boundary of 168° W. long., a southern boundary of 61°49′ N. lat., and a
northern boundary of 65°36′ N. lat.
(6) Pribilof red king and Pribilof blue
king in waters with a northern boundary of 58°39′ N. lat., an eastern boundary of 168° W. long., a southern boundary line from 54°36′ N. lat., 168° W.
long., to 54°36′ N. lat., 171° W. long., to
55°30′ N. lat., 171° W. long., to 55°30′ N.
lat., 173°30′ E. lat., and then westward
to the U.S.-Russian Convention line of
1867.
(7) St. Matthew blue king in waters
with a northern boundary of 61°49′ N.
lat., a southern boundary of 58°39′ N.
lat., and a western boundary of the
U.S.-Russian Convention line of 1867.
Associated processor means:
(1) Relationship with a buying station
or tender vessel. A mothership or catcher/processor issued an FFP, or a shoreside processor or SFP issued an FPP,
with a contractual relationship with a
buying station or tender vessel to conduct groundfish buying station or tender vessel activities for that processor.
(2) Relationship with a custom processor. A mothership or catcher/processor issued an FFP or a shoreside
processor or SFP issued an FPP, with a
contractual relationship with a custom
processor to process groundfish on its
behalf.
At-sea operation means, for purposes
of eLandings, a catcher/processor or
mothership that is receiving and/or
processing fish in State waters and/or
in waters of the EEZ off the coast of
Alaska.
Authorized distributor means a tax-exempt organization authorized by NMFS
to coordinate the processing, storage,
transportation, and distribution of
salmon taken as incidental catch in
the groundfish trawl fisheries to taxexempt hunger relief agencies, food

527

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

bank networks, and food bank distributors (see § 679.26, Prohibited Species Donation Program).
Authorized fishing gear (see also
§ 679.24 for gear limitations and Table
15 to this part for gear codes) means
trawl gear, fixed gear, longline gear,
pot gear, and nontrawl gear as follows:
(1) Bottom contact gear means nonpelagic trawl, dredge, dinglebar, pot, or
hook-and-line gear.
(2) Dinglebar gear means one or more
lines retrieved and set with a troll
gurdy or hand troll gurdy, with a terminally attached weight from which
one or more leaders with one or more
lures or baited hooks are pulled
through the water while a vessel is
making way.
(3) Dredge means a dredge-like device
designed specifically for and capable of
taking scallops by being towed along
the ocean floor.
(4) Fixed gear means:
(i) For sablefish harvested from any
GOA reporting area, all longline gear,
longline pot gear, and, for purposes of
determining initial IFQ allocation, all
pot gear used to make a legal landing.
(ii) For sablefish harvested from any
BSAI reporting area, all hook-and-line
gear, jig gear, and all pot gear.
(iii) For halibut harvested from any
IFQ regulatory area, all fishing gear
composed of lines with hooks attached,
including one or more stationary,
buoyed, and anchored lines with hooks
attached.
(iv) For halibut harvested from any
GOA reporting area, all longline pot
gear, if the vessel operator is fishing
for IFQ sablefish in accordance with
§ 679.42(l).
(v) For halibut harvested from any
IFQ regulatory area in the BSAI, all
pot gear, if the vessel operator is fishing for IFQ or CDQ halibut in accordance with § 679.42.
(5) Hand troll gear means one or more
lines, with lures or hooks attached,
drawn through the water behind a moving vessel, and retrieved by hand or
hand-cranked reels or gurdies and not
by any electrically, hydraulically, or
mechanically powered device or attachment.
(6) Handline gear means a hand-held
line, with one or more hooks attached,
that may only be operated manually.

(7) Hook-and-line gear means a stationary, buoyed, and anchored line
with hooks attached, or the taking of
fish by means of such a device.
(8) Jig gear means a single, nonbuoyed, non-anchored line with hooks
attached, or the taking of fish by
means of such a device.
(9) Longline gear means hook-andline, jig, troll, and handline or the taking of fish by means of such a device.
(10) Longline pot means a stationary,
buoyed, and anchored line with two or
more pots attached, or the taking of
fish by means of such a device.
(11) Mobile bottom contact gear means
nonpelagic trawl, dredge, or dinglebar
gear.
(12) Nonpelagic trawl means a trawl
other than a pelagic trawl.
(13) Nontrawl gear means pot and
longline gear.
(14) Pelagic trawl gear means a trawl
that:
(i) Has no discs, bobbins, or rollers;
(ii) Has no chafe protection gear attached to the footrope or fishing line;
(iii) Except for the small mesh allowed under paragraph (14)(ix) of this
definition:
(A) Has no mesh tied to the fishing
line, headrope, and breast lines with
less than 20 inches (50.8 cm) between
knots and has no stretched mesh size of
less than 60 inches (152.4 cm) aft from
all points on the fishing line, headrope,
and breast lines and extending passed
the fishing circle for a distance equal
to or greater than one half the vessel’s
LOA; or
(B) Has no parallel lines spaced closer
than 64 inches (162.6 cm) from all
points on the fishing line, headrope,
and breast lines and extending aft to a
section of mesh, with no stretched
mesh size of less than 60 inches (152.4
cm) extending aft for a distance equal
to or greater than one-half the vessel’s
LOA;
(iv) Has no stretched mesh size less
than 15 inches (38.1 cm) aft of the mesh
described in paragraph (14)(iii) of this
definition for a distance equal to or
greater than one-half the vessel’s LOA;
(v) Contains no configuration intended to reduce the stretched mesh
sizes described in paragraphs (14)(iii)
and (iv) of this definition;

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Fishery Conservation and Management
(vi) Has no flotation other than
floats capable of providing up to 200 lb
(90.7 kg) of buoyancy to accommodate
the use of a net-sounder device;
(vii) Has no more than one fishing
line and one footrope for a total of no
more than two weighted lines on the
bottom of the trawl between the wing
tip and the fishing circle;
(viii) Has no metallic component except for connectors (e.g., hammerlocks
or swivels) or a net-sounder device aft
of the fishing circle and forward of any
mesh greater than 5.5 inches (14.0 cm)
stretched measure;
(ix) May have small mesh within 32 ft
(9.8 m) of the center of the headrope as
needed for attaching instrumentation
(e.g., net-sounder device); and
(x) May have weights on the wing
tips.
(15) Pot gear means a portable structure, rigid or collapsible, that is designed and constructed to capture and
retain fish alive in the water. This gear
type includes longline pot and pot-andline gear. Each groundfish pot must
comply with the following:
(i) Biodegradable panel. Each pot used
to fish for groundfish must be equipped
with a biodegradable panel at least 18
inches (45.72 cm) in length that is parallel to, and within 6 inches (15.24 cm)
of, the bottom of the pot, and that is
sewn up with untreated cotton thread
of no larger size than No. 30.
(A) Collapsible pot exception. A collapsible pot (e.g., slinky pot) used to
fish for halibut IFQ or CDQ, or sablefish IFQ or CDQ, in accordance with
paragraph (4) of this definition, is exempt from the biodegradable panel
placement requirements described in
paragraph (15)(i) of this definition. Instead, a collapsible pot must have either a biodegradable panel placed anywhere on the mesh of the collapsible
pot, which is at least 18 inches (45.72
cm) in length and is made from untreated cotton thread of no larger size
than No. 30, or one door on the pot
must measure at least 18 inches (45.72
cm) in diameter and be wrapped with
untreated cotton thread of no larger
size than No. 30.
(B) [Reserved]
(ii) Tunnel opening. Each pot used to
fish for groundfish must be equipped
with rigid tunnel openings that are no

§ 679.2
wider than 9 inches (22.86 cm) and no
higher than 9 inches (22.86 cm), or soft
tunnel openings with dimensions that
are no wider than 9 inches (22.86 cm).
(iii) Halibut retention exception. If halibut retention is required when harvesting halibut from any IFQ regulatory area in the BSAI or GOA, the requirements to comply with a tunnel
opening for pots when fishing for IFQ
or CDQ halibut or IFQ or CDQ sablefish
in the BSAI in accordance with
§ 679.42(m), or for IFQ sablefish in the
GOA in accordance with § 679.42(l), do
not apply.
(16) Pot-and-line gear means a stationary, buoyed line with a single pot
attached, or the taking of fish by
means of such a device.
(17) Power troll gear means one or
more lines, with hooks or lures attached, drawn through the water behind a moving vessel, and originating
from a power gurdy or power-driven
spool fastened to the vessel, the extension or retraction of which is directly
to the gurdy or spool.
(18) Trawl gear means a cone or funnel-shaped net that is towed through
the water by one or more vessels. For
purposes of this part, this definition includes, but is not limited to, beam
trawls (trawl with a fixed net opening
utilizing a wood or metal beam), otter
trawls (trawl with a net opening controlled by devices commonly called
otter doors), and pair trawls (trawl
dragged between two vessels) and is
further described as pelagic or nonpelagic trawl.
(19) Troll gear means one or more
lines with hooks or lures attached
drawn through the water behind a moving vessel. This gear type includes
hand troll and power troll gear and
dinglebar gear.
(20) Snap gear means a type of hookand-line gear where the hook and
gangion are attached to the groundline
using a mechanical fastener or snap.
Authorized officer means:
(1) Any commissioned, warrant, or
petty officer of the USCG;
(2) Any special agent or fishery enforcement officer of NMFS;
(3) Any officer designated by the head
of any Federal or state agency that has
entered into an agreement with the
Secretary and the Commandant of the

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§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

USCG to enforce the provisions of the
Magnuson-Stevens Act or any other
statute administered by NOAA; or
(4) Any USCG personnel accompanying and acting under the direction
of any person described in paragraph
(1) of this definition.
Basis species means any species or
species group that is open to directed
fishing that the vessel is authorized to
harvest (see Tables 10, 11, and 30 to this
part).
Bering Sea and Aleutian Islands Area,
for purposes of regulations governing
the commercial king and Tanner crab
fisheries in part 680 of this Chapter,
means those waters of the EEZ off the
west coast of Alaska lying south of the
Chukchi Sea statistical area as described in the coordinates listed for
Figure 1 to this part, and extending
south of the Aleutian Islands for 200
nm west of Scotch Cap Light (164°44′36″
W. long).
Bering Sea and Aleutian Islands Management Area (BSAI), for purposes of
regulations governing the groundfish
fisheries, means the Bering Sea and
Aleutian Islands subareas (see Figure 1
to this part).
Bering Sea Habitat Conservation Area
means a habitat protection area specified at Table 42 and Figure 16 to this
part.
Bering Sea Subarea of the BSAI means
that portion of the EEZ contained in
Statistical Areas 508, 509, 512, 513, 514,
516, 517, 518, 519, 521, 523, 524, and 530
(see Figure 1 to this part).
Bled codend means a form of discard
by vessels using trawl gear wherein
some or all of the fish are emptied into
the sea from the net before fish are
brought fully on board.
Bogoslof District means that part of
the Bering Sea Subarea contained in
Statistical Area 518 (see Figure 1 to
this part).
Bowers Ridge Habitat Conservation
Zone means a management area established for the protection of the Bowers
Ridge and Ulm Plateau habitat areas of
particular concern in the BSAI. See
Table 25 to this part.
Breast line means the rope or wire
running along the forward edges of the
side panels of a net, or along the forward edge of the side rope in a rope
trawl.

Briefing means a short (usually 2-4
day) training session that observers
must complete to fulfill endorsement
requirements.
BSAI trawl limited access sector means
fisheries conducted in the BSAI by persons using trawl gear and who are not:
(1) Using an Amendment 80 vessel or
an Amendment 80 LLP license; or
(2) Fishing for CDQ groundfish.
Bulwark means a section of a vessel’s
side continuing above the main deck.
Buying station means a land-based entity that receives unprocessed groundfish from a vessel for delivery to a
shoreside processor and that does not
process those fish.
Bycatch Limitation Zone 1 (Zone 1)
means that part of the Bering Sea Subarea that is contained within the
boundaries of Statistical Areas 508, 509,
512, and 516 (see Figure 1 to this part).
Bycatch Limitation Zone 2 (Zone 2)
means that part of the Bering Sea Subarea that is contained within the
boundaries of Statistical Areas 513, 517,
and 521 (see Figure 1 to this part).
Bycatch or bycatch species means fish
caught and released while targeting another species or caught and released
while targeting the same species.
Calendar day means a 24-hour period
that starts at 0001 hours Alaska local
time and ends at 2400 hours Alaska
local time.
Catch (see 50 CFR 600.10.)
Catcher/processor (C/P) means, with
respect to groundfish recordkeeping
and reporting and subpart E of this
part, a vessel that is used for catching
fish and processing that fish.
Catcher/processor vessel designation
means, for purposes of the license limitation program, a license designation
that authorizes the license holder:
(1) Designated on a groundfish license
to deploy a vessel to conduct directed
fishing for license limitation groundfish and process license limitation
groundfish on that vessel or to conduct
only directed fishing for license limitation groundfish; or
(2) Designated on a crab species license to deploy a vessel to conduct directed fishing for crab species and
process crab species on that vessel or
to conduct only directed fishing for
crab species.

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Fishery Conservation and Management
Catcher vessel (C/V) means a vessel
that is used for catching fish and that
does not process fish on board.
Catcher vessel designation means, for
purposes of the license limitation program, a license designation that authorizes the license holder:
(1) Designated on a groundfish license
to deploy a vessel to conduct directed
fishing for, but not process, license
limitation groundfish on that vessel; or
(2) Designated on a crab species license to deploy a vessel to conduct directed fishing for, but not process, crab
species on that vessel.
Catcher
Vessel
Operational
Area
(CVOA) (see Figure 2 to this part and
§ 679.22(a)(5)).
CBL means crab bycatch limit.
CDQ means community development
quota and is the amount of a CDQ reserve that is allocated to a CDQ group.
CDQ ABC reserve means 10.7 percent
of the amount of the flathead sole,
rock sole, or yellowfin sole ABC reserve that is allocated among the CDQ
groups as calculated annually as described at § 679.31(b)(4).
CDQ allocation means a percentage of
a CDQ reserve specified under § 679.31
that is assigned to a CDQ group.
CDQ equivalent pounds means the
weight recorded in pounds, for landed
CDQ groundfish and halibut, and calculated as round weight.
CDQ fee liability means the amount of
money for CDQ groundfish and halibut
cost recovery, in U.S. dollars, owed to
NMFS by a CDQ group as determined
by multiplying the appropriate standard ex-vessel value of landed CDQ
groundfish and halibut by the appropriate CDQ fee percentage.
CDQ fee percentage means that positive number no greater than 3 percent
(0.03) determined by the Regional Administrator and established for use in
calculating the CDQ groundfish and
halibut fee liability for a CDQ group.
CDQ group means an entity identified
as eligible for the CDQ Program under
16 U.S.C. 1855(i)(1)(D). CDQ groups are
listed in Table 7 to this part.
CDQ number means a number assigned to a CDQ group by NMFS that
must be recorded and is required in all
logbooks and reports submitted by vessels harvesting CDQ or processors taking deliveries of CDQ.

§ 679.2
CDQ Program means the Western
Alaska
Community
Development
Quota Program.
CDQ representative means any individual who is authorized by a CDQ
group to sign documents submitted to
NMFS on behalf of the CDQ group.
CDQ reserve means the amount of
each groundfish TAC apportioned
under § 679.20, the amount of each catch
limit for halibut, or the amount of TAC
for crab that has been allocated to the
CDQ Program.
CDQ species means any species or species group that is allocated from a CDQ
reserve to a CDQ group.
CDQ standard ex-vessel value means
the total U.S. dollar amount of landed
CDQ groundfish and halibut as calculated by multiplying the number of
landed CDQ equivalent pounds by the
appropriate CDQ standard price determined by the Regional Administrator.
CDQ standard price means the price,
in U.S. dollars, for landed CDQ groundfish and halibut, in CDQ equivalent
pounds, as determined by the Regional
Administrator.
Central Aleutian District means that
part of the Aleutian Islands Subarea
contained in Statistical Area 542 (see
Figure 1 to this part).
Central GOA Regulatory Area means
that portion of the GOA EEZ that is
contained in Statistical Areas 620 and
630 (see Figure 3 to this part).
Chum Salmon Savings Area of the BSAI
CVOA (See § 679.21(f)(14) and Figure 9 to
this part).
Civil judgment, for purposes of subpart
E of this part, means a judgment or
finding of a civil offense by any court
of competent jurisdiction.
Clearing officer means, a NOAA Fisheries Office for Law Enforcement (OLE)
special agent, an OLE fishery enforcement officer, or an OLE enforcement
aide.
Commercial fishing means:
(1) For purposes of the salmon fishery, fishing for salmon for sale or barter.
(2) For purposes of the Pacific halibut fishery, fishing, the resulting
catch of which either is, or is intended
to be, sold or bartered but does not include subsistence fishing for halibut, as
defined at 50 CFR 300.61.

531

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

(3) For purposes of Arctic fish, the resulting catch of fish in the Arctic Management Area which either is, or is intended to be, sold or bartered but does
not include subsistence fishing for Arctic fish, as defined in this subsection.
Commercial Operator’s Annual Report
(COAR) means the annual report of information on exvessel and first wholesale values for fish and shellfish required under Title 5 of the Alaska Administrative Code, chapter 39.130 (see
§ 679.5 (p)).
Commissioner of ADF&G means the
principal executive officer of ADF&G.
Community quota entity (CQE) means
a non-profit organization that:
(1) Did not exist prior to April 10,
2002;
(2) Represents at least one eligible
community that is listed in Table 21 of
this part; and,
(3) Has been approved by the Regional Administrator to obtain by
transfer and hold QS, and to lease IFQ
resulting from the QS on behalf of an
eligible community; and
(4) Must be the Adak Community Entity as defined at § 680.2 if that nonprofit organization represents the eligible community of Adak, AK.
Conviction, for purposes of subpart E
of this part, means a judgment or conviction of a criminal offense by any
court of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a
plea of nolo contendere.
Cooperative quota (CQ)—(1) For purposes of the Amendment 80 Program
means:
(i) The annual catch limit of an
Amendment 80 species that may be
caught by an Amendment 80 cooperative while fishing under a CQ permit;
(ii) The amount of annual halibut
and crab PSC that may be used by an
Amendment 80 cooperative while fishing under a CQ permit.
(2) For purposes of the Rockfish Program means:
(i) The annual catch limit of a rockfish primary species or rockfish secondary species that may be harvested
by a rockfish cooperative while fishing
under a CQ permit;
(ii) The amount of annual halibut
PSC that may be used by a rockfish cooperative in the Central GOA while

fishing under a CQ permit (see rockfish
halibut PSC in this section).
(3) For purposes of the PCTC Program
means:
(i) The annual catch limit of Pacific
cod that may be caught by a PCTC
Program cooperative while fishing
under a CQ permit;
(ii) The amount of annual halibut
and crab PSC that may be used by a
PCTC Program cooperative while fishing under a CQ permit.
C. Opilio Crab Bycatch Limitation Zone
(COBLZ) (see § 679.21(e) and Figure 13 to
this part.
CQ permit means a permit issued to
an Amendment 80 cooperative under
§ 679.4(o)(2), a rockfish cooperative
under § 679.4(n)(1), or a PCTC Program
cooperative under § 679.131(a).
CQE floating processor means, for the
purposes of processing Pacific cod
within the marine municipal boundaries of CQE communities (see Table 21
of this part) in the Western or Central
Gulf of Alaska Federal reporting areas
610, 620, or 630, a vessel not meeting the
definition of a stationary floating processor in this section, that has not harvested groundfish in the Gulf of Alaska
in the same calendar year, and operates on the authority of an FPP endorsed as a CQE floating processor.
Council means North Pacific Fishery
Management Council.
Crab species means (see also king crab
and tanner crab) all crab species covered by the Fishery Management Plan
for Bering Sea/Aleutian Islands King
and Tanner Crabs, including, but not
limited to, red king crab (Paralithodes
camtschatica),
blue
king
crab
(Paralithodes platypus), brown or golden
king crab (Lithodes aequispina), scarlet
or deep sea king crab (Lithodes couesi),
Tanner or bairdi crab (Chionoecetes
bairdi),
opilio
or
snow
crab
(Chionoecetes opilio), grooved Tanner
crab (Chionoecetes tanneri), and triangle
Tanner crab (Chionoecetes angulatus).
Crab species license means a license
issued by NMFS that authorizes the license holder designated on the license
to deploy a vessel to conduct directed
fishing for crab species.
Cruise means an observer deployment
with a unique cruise number. A cruise
begins when an observer receives an endorsement to deploy and ends when the

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Fishery Conservation and Management
observer completes all debriefing responsibilities.
Daily reporting period or day is the period from 0001 hours, A.l.t., until the
following 2400 hours, A.l.t.
Data collection agent (DCA) means the
entity selected by the Regional Administrator to distribute an EDR to a person required to complete it, to receive
the completed EDR, to review and
verify the accuracy of the data in the
EDR, and to provide those data to authorized recipients.
Debriefing means the post-deployment process that includes a one-onone interview with NMFS staff, a
NMFS preliminary data review, observer completion of all data corrections noted, observer preparation of affidavits and reports, and completion of
tasks related to biological specimens
or special projects.
Decertification, as used in § 679.53(c),
means action taken by a decertifying
official under § 679.53(c)(3) to revoke
certification of an observer or observer
provider. An observer or observer provider whose certification is so revoked
is decertified.
Decertifying official, for purposes of
subpart E of this part, means a designee authorized by the Regional Administrator to impose decertification.
Deep water flatfish (see Table 10 to
this part pursuant to § 679.20(c).)
Deployment means the period between
an observer’s arrival at the point of
embarkation and the date the observer
disembarks for travel to debriefing.
Designated contact for the Aleut Corporation means an individual who is
designated by the Aleut Corporation
for the purpose of communication with
NMFS regarding the identity of selected AI directed pollock fishery participants and weekly reports required
by § 679.5.
Designated cooperative representative
means an individual who is designated
by the members of a fishery cooperative to fulfill requirements on behalf of
the cooperative including, but not limited to, the signing of cooperative fishing permit applications; submitting
catcher vessel pollock cooperative
catch reports, and submitting annual
cooperative fishing reports.
Designated primary processor means an
AFA inshore processor that is des-

§ 679.2
ignated by an inshore pollock cooperative as the AFA inshore processor to
which the cooperative will deliver at
least 90 percent of its BS pollock allocation during the year in which the
AFA inshore cooperative fishing permit is in effect.
Direct financial interest means any
source of income to, or capital investment or other interest held by, an individual, partnership, or corporation or
an individual’s spouse, immediate family member or parent that could be influenced by performance or non-performance of observer or observer provider duties.
Directed fishing means:
(1) Unless indicated otherwise, any
fishing activity that results in the retention of an amount of a species or
species group on board a vessel that is
greater than the maximum retainable
amount for that species or species
group as calculated under § 679.20.
(2) With respect to license limitation
groundfish species, directed fishing as
defined in paragraph (1) of this definition.
(3) With respect to crab species under
this part, the catching and retaining of
any crab species.
(4) With respect to the harvest of
groundfish by AFA catcher/processors
and AFA catcher vessels, any fishing
activity that results in the retention of
an amount of a species or species group
on board a vessel that is greater than
the maximum retainable percentage
for that species or species group as calculated under § 679.20.
(5) With respect to the harvest of flatfish in the Bering Sea subarea, for purposes of nonpelagic trawl restrictions
under § 679.22(a) and modified nonpelagic trawl gear requirements under
§§ 679.7(c)(5) and 679.24(f), fishing with
nonpelagic trawl gear during any fishing trip that results in a retained aggregate amount of yellowfin sole, rock
sole, Greenland turbot, arrowtooth
flounder, flathead sole, Alaska plaice,
and other flatfish that is greater than
the retained amount of any other fishery
category
defined
under
§ 679.21(b)(1)(ii) or of sablefish.
(6) With respect to the harvest of flatfish in the Central GOA Regulatory Area,
for purposes of modified nonpelagic
trawl
gear
requirements
under

533

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

§§ 679.7(b)(9) and 679.24(f), fishing with
nonpelagic trawl gear during any fishing trip that results in a retained aggregate amount of shallow-water flatfish, deep-water flatfish, rex sole,
arrowtooth flounder, and flathead sole
that is greater than the retained
amount of any other trawl fishery category as defined at § 679.21(d)(3)(iii).
Discard (see § 600.10.)
Dockside sale means, the transfer of
IFQ halibut, CDQ halibut or IFQ sablefish from the person who harvested it
to individuals for personal consumption, and not for resale.
Documented harvest means a lawful
harvest that was recorded in compliance with Federal and state commercial fishing regulations in effect at the
time of harvesting.
Donut Hole means the international
waters of the Bering Sea outside the
limits of the EEZ and Russian economic zone as depicted on the current
edition of NOAA chart INT 813 Bering
Sea (Southern Part).
Eastern Aleutian District means that
part of the Aleutian Islands Subarea
contained in Statistical Area 541 (see
Figure 1 to this part).
Eastern GOA Regulatory Area means
the Reporting Areas 649 and 659 and
that portion of the GOA EEZ that is
contained in Statistical Areas 640 and
650 (see Figure 3 to this part).
Economic data report (EDR) means the
report of cost, labor, earnings, and revenue data required under § 679.65,
§ 679.94, and § 679.110.
eLandings means the Internet data
entry system or desktop client components of the Interagency Electronic Reporting System (IERS) for reporting
commercial fishery landings and production from waters off Alaska.
Electronic Monitoring system or EM
system means a network of equipment
that uses a software operating system
connected to one or more technology
components, including, but not limited
to, cameras and recording devices to
collect data on catch and vessel operations.
Eligible applicant means (for purposes
of the LLP program) a qualified person
who submitted an application during
the application period announced by
NMFS and:

(1) For a groundfish license or crab
species license, who owned a vessel on
June 17, 1995, from which the minimum
number of documented harvests of license limitation groundfish or crab
species were made in the relevant areas
during the qualifying periods specified
in § 679.4(k)(4) and (k)(5), unless the
fishing history of that vessel was
transferred in conformance with the
provisions in paragraph (2) of this definition; or
(2) For a groundfish license or crab
species license, to whom the fishing
history of a vessel from which the minimum number of documented harvests
of license limitation groundfish or crab
species were made in the relevant areas
during the qualifying periods specified
in § 679.4(k)(4) and (k)(5) has been transferred or retained by the express terms
of a written contract that clearly and
unambiguously provides that the qualifications for a license under the LLP
have been transferred or retained; or
(3) For a crab species license, who
was an individual who held a State of
Alaska permit for the Norton Sound
king crab summer fishery at the time
he or she made at least one harvest of
red or blue king crab in the relevant
area during the period specified in
§ 679.4(k)(5)(ii)(G), or a corporation that
owned or leased a vessel on June 17,
1995, that made at least one harvest of
red or blue king crab in the relevant
area
during
the
period
in
§ 679.4(k)(5)(ii)(G), and that was operated by an individual who was an employee or a temporary contractor; or
(4) For a scallop license, who qualifies for a scallop license as specified at
§ 679.4(g)(2) of this part; or
(5) Who is an individual that can
demonstrate eligibility pursuant to the
provisions of the Rehabilitation Act of
1973 at 29 U.S.C. 794 (a).
Eligible community means:
(1) for purposes of the CDQ Program,
a community identified as eligible for
the CDQ Program under 16 U.S.C.
1855(i)(1)(D). Eligible communities are
listed in Table 7 to this part.
(2) For purposes of the IFQ program
in the GOA, a community that is listed
in Table 21 to this part, and that:
(i) Is a municipality or census designated place, as defined in the 2000

534

Fishery Conservation and Management
United States Census, located on the
GOA coast of the North Pacific Ocean;
(ii) Has a population of not less than
20 and not more than 1,500 persons
based on the 2000 United States Census;
(iii) Has had a resident of that community with at least one commercial
landing of halibut or sablefish made
during the period from 1980 through
2000, as documented by the State of
Alaska Commercial Fisheries Entry
Commission; and
(iv) Is not accessible by road to a
community larger than 1,500 persons
based on the 2000 United States Census.
(3) For purposes of the IFQ program
in the Aleutian Islands subarea, a community that is listed in Table 21 to this
part, and that:
(i) Is a municipality or census designated place, as defined in the 2000
United States Census, located on the
Aleutian Islands subarea coast of the
North Pacific Ocean;
(ii) Is not an entity identified as eligible for the CDQ Program under 16
U.S.C. 1855(i)(1)(D);
(iii) Has a population of not less than
20 and not more than 1,500 persons
based on the 2000 United States Census;
(iv) Has had a resident of that community with at least one commercial
landing of halibut or sablefish made
during the period from 1980 through
2000, as documented by the State of
Alaska Commercial Fisheries Entry
Commission; and
(v) Is not accessible by road to a community larger than 1,500 persons based
on the 2000 United States Census.
Eligible community resident means:
(1) For purposes of the IFQ Program,
any individual who:
(i) Is a citizen of the United States;
(ii) Has maintained a domicile in a
rural community listed in Table 21 to
this part for the 12 consecutive months
immediately preceding the time when
the assertion of residence is made, and
who is not claiming residency in another community, state, territory, or
country, except that residents of the
Village of Seldovia shall be considered
to be eligible community residents of
the City of Seldovia for the purposes of
eligibility to lease IFQ from a CQE;
and
(iii) Is an IFQ crew member except
when that person is receiving halibut

§ 679.2
or sablefish IFQ that is derived from
QS held by a CQE on behalf of an eligible community in the Aleutian Islands.
(2) For purposes of the Area 2C and
Area 3A catch sharing plan (CSP) in
§ 300.65(c) of this title, means any individual or non-individual entity who:
(i) Holds a charter halibut permit as
defined in § 300.61 of this title;
(ii) Has been approved by the Regional Administrator to receive GAF,
as defined in § 300.61 of this title, from
a CQE in a transfer between IFQ and
GAF pursuant to § 300.65(c)(5)(ii) of this
title; and
(iii) Begins or ends every charter vessel fishing trip, as defined in § 300.61 of
this title, authorized by the charter
halibut permit issued to that person,
and on which halibut are retained, at a
location(s) within the boundaries of the
community represented by the CQE
from which the GAF were received. The
geographic boundaries of the eligible
community will be those defined by the
United States Census Bureau.
EM selection pool means the defined
group of vessels from which NMFS will
randomly select the vessels required to
use an EM system under § 679.51(f).
EM service provider means any person,
including their employees or agents,
that NMFS contracts with to provide
EM services, or to review, interpret, or
analyze EM data, as required under
§ 679.51(f).
Endorsement. (1) (See area endorsement
for purposes of the groundfish LLP permits);
(2) (See area/species endorsement for
purposes of the crab LLP permits);
(3) (See § 679.4(g)(3)(ii) area endorsements for purposes of the scallop permit).
Experimental fishery (see Exempted
fishery, § 679.6).
Federal waters means waters within
the EEZ off Alaska (see also reporting
area).
Federally permitted vessel means a vessel that is named on either a Federal
fisheries permit issued pursuant to
§ 679.4(b) or on a Federal crab vessel
permit issued pursuant to § 680.4(k) of
this chapter. Federally permitted vessels must conform to regulatory requirements for purposes of fishing restrictions in habitat conservation
areas, habitat conservation zones,

535

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

habitat protection areas, and the Modified Gear Trawl Zone; for purposes of
anchoring prohibitions in habitat protection areas; for purposes of requirements for the BS and GOA nonpelagic
trawl fishery pursuant to § 679.7(b)(9),
§ 679.7(c)(5), and § 679.24(f); and for purposes of VMS requirements.
Fishery cooperative or cooperative
means any entity cooperatively managing directed fishing for BS pollock
and formed under section 1 of the Fisherman’s Collective Marketing Act of
1934 (15 U.S.C. 521). In and of itself, a
cooperative is not an AFA entity subject to excessive harvest share limitations, unless a single person, corporation or other business entity controls
the cooperative and the cooperative
has the power to control the fishing activity of its member vessels.
Fish product (See groundfish product.)
Fish product weight means the weight
of the fish product in pounds or to at
least the nearest thousandth of a metric ton (0.001 mt). Fish product weight
is based upon the number of production
units and the weight of those units.
Production units include pans, cartons,
blocks, trays, cans, bags, and individual fresh or frozen fish. The weight
of a production unit is the average
weight of representative samples of the
product, and, for fish other than fresh
fish, may include additives or water
but not packaging. Any allowance for
water added cannot exceed 5 percent of
the gross product weight (fish, additives, and water).
Fishermen means persons who catch,
take, or harvest fish.
Fishing circle means the circumference of a trawl intersecting the center point on a fishing line, and that is
perpendicular to the long axis of a
trawl.
Fishing line means a length of chain
or wire rope in the bottom front end of
a trawl to which the webbing or lead
ropes are attached.
Fishing trip means: (1) With respect to
retention requirements (MRA, IR/IU,
and pollock roe stripping), recordkeeping and reporting requirements
under § 679.5, and determination of directed fishing for flatfish.
(i) Catcher/processors and motherships.
An operator of a catcher/processor or
mothership processor vessel is engaged

in a fishing trip from the time the harvesting, receiving, or processing of
groundfish is begun or resumed in an
area until any of the following events
occur:
(A) The effective date of a notification prohibiting directed fishing in the
same area under § 679.20 or § 679.21;
(B) The offload or transfer of all fish
or fish product from that vessel;
(C) The vessel enters or leaves an
area where a different directed fishing
prohibition applies;
(D) The vessel begins fishing with a
different type of authorized fishing
gear; or
(E) The end of a weekly reporting period, whichever comes first.
(ii) Catcher vessels. An operator of a
catcher vessel is engaged in a fishing
trip from the time the harvesting of
groundfish is begun until the offload or
transfer of all fish or fish product from
that vessel.
(2) IFQ program. With respect to the
IFQ program, the period beginning
when a vessel operator commences harvesting IFQ species and ending when
the vessel operator lands any species.
(3) North Pacific Observer Program.
With respect to subpart E of this part,
one of the following periods:
(i) For a catcher vessel delivering to
a shoreside processor or stationary
floating processor, the period of time
that begins when a catcher vessel departs a port to harvest fish until the
offload or transfer of all fish from that
vessel.
(ii) For a catcher vessel delivering to
a tender vessel, the period of time that
begins when a catcher vessel departs
from port to harvest fish until the vessel returns to a port in which a shoreside processor or stationary floating
processor with a valid FPP is located.
(iii) For a catcher/processor in the
partial observer coverage category, the
period of time that begins when the
vessel departs a port to harvest fish
until the vessel returns to port and
offloads all processed product.
(iv) For a vessel in the EM selection
pool of the partial coverage category, the
period of time that begins when the
vessel leaves a shore-based port or tender vessel with an empty hold until the
vessel returns to a shore-based port or
tender vessel and all fish are delivered.

536

Fishery Conservation and Management
(4) For purposes of § 679.7(n)(7), the period beginning when a vessel operator
commences harvesting any Rockfish
Program species and ending when the
vessel operator offloads or transfers
any processed or unprocessed Rockfish
Program species from that vessel.
(5) For purposes of § 679.7(o)(4), the period beginning when a vessel operator
commences harvesting any Amendment 80 species and ending when the
vessel operator offloads or transfers
any processed or unprocessed Amendment 80 species from that vessel.
(6)
For
purposes
of
§ 679.7(d)(5)(ii)(C)(2) for CDQ groups and
§ 679.7(k)(8)(ii) for AFA entities, the period beginning when a vessel operator
commences harvesting any pollock
that will accrue against a directed fishing allowance for pollock in the BS or
against a pollock CDQ allocation harvested in the BS and ending when the
vessel operator offloads or transfers
any processed or unprocessed pollock
from that vessel.
Fishing year means 0001 hours, A.l.t.,
on January 1, through 2400 hours,
A.l.t., on December 31 (see § 679.23).
Fixed gear sablefish CDQ reserve means
20 percent of the sablefish fixed gear
TAC for each subarea in the BSAI for
which a sablefish TAC is specified
under § 679.20(b)(1)(ii)(B).
Flatfish Exchange means the exchange
of unused CDQ, or Amendment 80 CQ,
of flathead sole, rock sole, or yellowfin
sole in the BSAI for an equivalent
amount (in metric tons) of CDQ ABC
reserve or Amendment 80 ABC reserve,
respectively, for flathead sole, rock
sole, or yellowfin sole in the BSAI
other than the species listed for exchange on the Flatfish Exchange Application as described in a notice of adjustment or apportionment in the FEDERAL REGISTER.
Food bank distributor means a tax-exempt organization with the primary
purpose of distributing food resources
to hunger relief agencies (see § 679.26).
Food bank network means a tax-exempt organization with the primary
purpose of coordinating receipt and delivery of food resources to its member
food bank distributors or hunger relief
agencies (see § 679.26).

§ 679.2
Footrope means a chain or wire rope
attached to the bottom front end of a
trawl and attached to the fishing line.
Forage fish (see Table 2c to this part
and § 679.20(i)).
Gear (see the definition for Authorized fishing gear of this section).
Gear deployment (or to set gear) (see
§ 679.5(c)(3)(vi)(B) for longline and pot
gear; see § 679.5(c)(4)(vi)(B) for trawl
gear).
Gear retrieval (or to haul gear) (see
§ 679.5(c)(3)(vi)(C) for longline and pot
gear; see § 679.5(c)(4)(vi)(C) for trawl
gear).
Grenadiers (see Table 2c to this part
and § 679.20(i)).
Groundfish means (1) FMP species as
listed in Table 2a to this part.
(2) Target species specified annually
pursuant to § 679.20(a)(2) (See also the
definitions
for:
License
limitation
groundfish; CDQ species; and IR/IU species of this section).
Groundfish CDQ fishing means fishing
that results in the retention of any
groundfish CDQ species, but that does
not meet the definition of pollock CDQ
fishing, sablefish CDQ fishing, or halibut CDQ fishing.
Groundfish license means (for purposes of the LLP program) a license
issued by NMFS that authorizes the license holder designated on the license
to deploy a vessel to conduct directed
fishing for license limitation groundfish.
Groundfish product or fish product
means any species product listed in Tables 1, 2a, 2c, and 2d to this part.
Gulf of Alaska (GOA) means that portion of the EEZ contained in Statistical Areas 610, 620, 630, 640, and 650 (see
Figure 3 to this part).
Gulf of Alaska Coral Habitat Protection
Areas means management areas established for the protection of coral habitat areas of particular concern in the
Gulf of Alaska. See Table 26 to this
part.
Gulf of Alaska Slope Habitat Conservation Areas means management areas established for the protection of essential
fish habitat on the Gulf of Alaska
slope. See Table 27 to this part.
Halibut
means
Pacific
halibut
(Hippoglossus stenolepis).
Halibut CDQ fishing means using fixed
gear, retaining halibut CDQ, and not

537

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

retaining groundfish over the maximum retainable amounts specified in
§ 679.20(e) and Table 11 to this part.
Halibut CDQ reserve means the
amount of the halibut catch limit for
IPHC regulatory areas 4B, 4C, 4D, and
4E that is reserved for the halibut CDQ
program (see § 679.31(a)(2)).
Halibut Deck Sorting means the authorized sorting of halibut on deck pursuant to § 679.120.
Harvesting or to harvest means the
catching and retaining of any fish.
Harvest zone codes (see Table 8 to this
part).
Haul means the retrieval of trawl
gear which results in catching fish or
which does not result in catching fish;
a test of trawl gear; or when non-functional gear is pulled in, even if no fish
are harvested. All hauls of any type
need to be recorded and numbered
throughout the year, whether or not
fish are caught.
Headrope means a rope bordering the
top front end of a trawl.
Health care provider means an individual licensed to provide health care
services by the state where he or she
practices and performs within the
scope of his or her specialty to diagnose and treat medical conditions as
defined by applicable Federal, state, or
local laws and regulations. A health
care provider located outside of the
United States and its territories who is
licensed to practice medicine by the
applicable medical authorities is included in this definition.
Herring Savings Area means any of
three areas in the BSAI presented in
Figure 4 to this part (see also
§ 679.21(b)(4) for additional closure information).
Hook-and-line catcher/processor means
a catcher/processor vessel that is
named on a valid LLP license that is
noninterim and transferable, or that is
interim and subsequently becomes noninterim and transferable, and that is
endorsed for any of the following areas:
Bering Sea, Aleutian Islands, and/or
any area in the Gulf of Alaska; and endorsed for catcher/processor fishing activity, catcher/processor Pacific cod,
and hook-and-line gear.
Hunger relief agency means a tax-exempt organization with the primary
purpose of feeding economically dis-

advantaged individuals free of charge
(see § 679.26).
IFQ actual ex-vessel value means the
U.S. dollar amount of all compensation, monetary or non-monetary, including any IFQ retro-payments received by an IFQ permit holder for the
purchase of IFQ halibut or IFQ sablefish landing(s) on his or her permit(s)
described in terms of IFQ equivalent
pounds.
IFQ crew member means any individual who has at least 150 days experience working as part of the harvesting
crew in any U.S. commercial fishery,
or any individual who receives an initial allocation of QS. For purposes of
this definition, ‘‘harvesting’’ means
work that is directly related to the
catching and retaining of fish. Work in
support of harvesting, but not directly
involved with harvesting, is not considered harvesting crew work. For example, searching for fish, work on a fishing vessel only as an engineer or cook,
or work preparing a vessel for a fishing
trip would not be considered work of a
harvesting crew.
IFQ equivalent pound(s) means the
weight amount, recorded in pounds and
calculated as round weight for sablefish and headed and gutted weight for
halibut for an IFQ landing or for estimation of the fee liability of halibut
landed as guided angler fish (GAF), as
defined in § 300.61 of this title. Landed
GAF are converted to IFQ equivalent
pounds as specified in § 300.65(c) of this
title.
IFQ fee liability means that amount of
money for IFQ cost recovery, in U.S.
dollars, owed to NMFS by an IFQ permit holder as determined by multiplying the appropriate standard ex-vessel value or, for non-GAF landings, the
actual ex-vessel value of his or her IFQ
halibut or IFQ sablefish landing(s), by
the appropriate IFQ fee percentage and
the appropriate standard ex-vessel
value of landed GAF derived from his
or her IFQ by the appropriate IFQ fee
percentage.
IFQ fee percentage means that positive number no greater than 3 percent
(0.03) determined by the Regional Administrator and established for use to
calculate the IFQ cost recovery fee liability for an IFQ permit holder.

538

Fishery Conservation and Management
IFQ halibut means any halibut that is
harvested with setline gear as defined
in § 300.61 of this title or fixed gear as
defined in this section while commercial fishing in any IFQ regulatory area
defined in this section.
IFQ landing means the unloading or
transferring of any IFQ halibut, CDQ
halibut, IFQ sablefish, or products
thereof from the vessel that harvested
such fish or the removal from the
water of a vessel containing IFQ halibut, CDQ halibut, IFQ sablefish, or
products thereof.
IFQ permit holder means the person
identified on an IFQ permit, at the
time a landing is made (see § 679.4(d)(1)).
IFQ program means the individual
fishing quota program for the fixed
gear fisheries for Pacific halibut and
sablefish in waters in and off Alaska
and governed by regulations under this
part.
IFQ regulatory area means:
(1) With respect to IFQ halibut, areas
2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as prescribed in the annual management
measures published in the FEDERAL
REGISTER pursuant to § 300.62 of chapter
III of this title (see also Figure 15 to
this part).
(2) With respect to IFQ sablefish, any
of the three regulatory areas in the
GOA and any subarea of the BSAI, and
all waters of the State of Alaska between the shore and the inshore boundary of such regulatory areas and subareas, except waters of Prince William
Sound and areas in which sablefish
fishing is managed under a State of
Alaska limited entry program (see Figure 14 to this part).
IFQ retro-payment means the U.S. dollar value of a payment, monetary or
non-monetary, made to an IFQ permit
holder for the purchase of IFQ halibut
or IFQ sablefish landed at some previous time.
IFQ sablefish means any sablefish
that is harvested with fixed gear, either in the EEZ off Alaska or in waters
of the State of Alaska, by persons holding an IFQ permit, but does not include
sablefish harvested in Prince William
Sound or under a State of Alaska limited entry program.
IFQ standard ex-vessel value means
the total U.S. dollar amount of IFQ
halibut or IFQ sablefish landings as

§ 679.2
calculated by multiplying the number
of landed IFQ equivalent pounds plus
landed GAF in IFQ equivalent pounds
by the appropriate IFQ standard price
determined by the Regional Administrator.
IFQ standard price means a price, expressed in U.S. dollars per IFQ equivalent pound, for landed IFQ halibut and
IFQ sablefish determined annually by
the Regional Administrator and documented in an IFQ standard price list
published by NMFS.
Immediate family member includes an
individual with any of the following relationships to the QS holder:
(1) Spouse, and parents thereof;
(2) Sons and daughters, and spouses
thereof;
(3) Parents, and spouses thereof;
(4) Brothers and sisters, and spouses
thereof;
(5) Grandparents and grandchildren,
and spouses thereof;
(6) Domestic partner and parents
thereof, including domestic partners of
any individual in paragraphs (1)
through (5) of this definition; and
(7) Any individual related by blood or
affinity whose close association with
the QS holder is the equivalent of a
family relationship.
Incidental catch or incidental species
means fish caught and retained while
targeting on some other species, but
does not include discard of fish that
were returned to the sea.
Indictment, for purposes of subpart E
of this part, means indictment for a
criminal offense. An information or
other filing by competent authority
charging a criminal offense must be
given the same effect as an indictment.
Individual means a natural person
who is not a corporation, partnership,
association, or other such entity.
Individual fishing quota (IFQ) means
the annual catch limit of sablefish or
halibut that may be harvested by a
person who is lawfully allocated a harvest privilege for a specific portion of
the TAC of sablefish or halibut.
Initial Total Allowable Catch (ITAC)
means the tonnage of a TAC for an
Amendment 80 species in a management area that is available for apportionment to the BSAI trawl limited access sector and the Amendment 80 sector in a calendar year after deducting

539

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

from the TAC the CDQ reserve, the incidental catch allowance the Regional
Administrator determines is required
on an annual basis, as applicable, to account for projected incidental catch of
an Amendment 80 species by nonAmendment 80 vessels engaged in directed fishing for groundfish and, for
Atka mackerel, the Atka mackerel jig
allocation.
Inshore component in the GOA means
the following three categories of the
U.S. groundfish fishery that process
pollock harvested in the GOA or Pacific cod harvested in the Eastern GOA:
(1) Shoreside processors.
(2) Vessels less than 125 ft (38.1 m)
LOA that hold an inshore processing
endorsement on their Federal fisheries
permit, and that process no more than
126 mt per week in round-weight
equivalents of an aggregate amount of
pollock and Eastern GOA Pacific cod.
(3) Stationary floating processors
that—
(i) Hold an inshore processing endorsement on their Federal processor
permit;
(ii) Process pollock harvested in a
GOA directed fishery at a single GOA
geographic location in Alaska state
waters during a fishing year; and/or,
(iii) Process Pacific cod harvested in
the Eastern GOA regulatory area at a
single GOA geographic location in
Alaska state waters during a fishing
year.
Interagency electronic reporting system
(IERS) means an interagency electronic
reporting system that allows fishery
participants to use the Internet or
desktop
client
software
named
eLandings to enter landings and production data for appropriate distribution to the ADF&G, IPHC, and NMFS
Alaska Region (see § 679.5(e)).
IPHC means International Pacific
Halibut Commission (see part 300 of
chapter III of this title).
IR/IU means the improved retention/
improved utilization program set out
at § 679.27.
IR/IU species means any groundfish
species that is regulated by a retention
or utilization requirement set out at
§ 679.27.
King crab means red king crab
(Paralithodes camtschatica), blue king
crab (P. platypus), brown (or golden)

king crab (Lithodes aequispina), and
scarlet (or deep sea) king crab (Lithodes
couesi).
Landing means offloading fish.
Legal landing means a landing in
compliance with Federal and state
commercial fishing regulations in effect at the time of landing.
Legal landing of halibut or sablefish
(see § 679.40(a)(3)(v)).
Length overall (LOA) of a vessel means
the centerline longitudinal distance,
rounded to the nearest foot, measured
between:
(1) The outside foremost part of the
vessel visible above the waterline, including
bulwarks,
but
excluding
bowsprits and similar fittings or attachments, and
(2) The outside aftermost part of the
vessel visible above the waterline, including bulwarks, but excluding rudders, outboard motor brackets, and
similar fittings or attachments (see
Figure 6 to this part).
License holder means the person who
is named on a currently valid groundfish license, crab species license, or
scallop license.
License limitation groundfish means
target species specified annually pursuant to § 679.20(a)(2), except that
demersal shelf rockfish east of 140 W.
longitude, sablefish managed under the
IFQ program, sablefish managed under
the fixed gear sablefish CDQ reserve,
and pollock allocated to the Aleutian
Islands directed pollock fishery and
harvested by vessels 60 ft (18.3 m) LOA
or less, are not considered license limitation groundfish.
Limited Access System Administrative
Fund (LASAF) means the administrative account used for depositing cost
recovery fee payments into the U.S.
Treasury as described in the Magnuson-Stevens
Act
under
section
304(d)(2)(C)(i) and established under
section 305(h)(5)(B).
Listed AFA catcher/processor means an
AFA catcher/processor permitted to
harvest BS pollock under § 679.4(l)(2)(i).
LLP license originally assigned to an
Amendment 80 vessel means the LLP license listed in Column C of Table 31 to
this part that corresponds to the vessel
listed in Column A of Table 31 to this
part with the USCG Documentation

540

Fishery Conservation and Management
Number listed in Column B of Table 31
to this part.
Logbook means Daily Cumulative
Production Logbook (DCPL) or Daily
Fishing Logbook (DFL) required by
§ 679.5.
Management area means any district,
regulatory area, subpart, part, or the
entire GOA, BSAI, or Arctic Management Area.
Manager, with respect to any shoreside processor, stationary floating
processor, or buying station, means the
individual responsible for the operation
of the processor or buying station.
Marmot Bay Tanner Crab Protection
Area means a habitat protection area
of the Gulf of Alaska specified in Figure 5 to this part that is closed to directed fishing for groundfish with trawl
gear, except directed fishing for pollock by vessels using pelagic trawl
gear.
Maximum LOA (MLOA) means:
(1) With respect to the scallop license
limitation program, the MLOA is equal
to the length overall on February 8,
1999, of the longest vessel that was:
(i) Authorized by a Federal or State
of Alaska Scallop Moratorium Permit
to harvest scallops;
(ii) Used by the eligible applicant to
make legal landings of scallops during
the scallop LLP qualification period,
as specified at § 679.4(g)(2)(iii) of this
part.
(2) With respect to the groundfish and
crab species license limitation program,
the LOA of the vessel on June 24, 1992,
unless the vessel was less than 125 ft
(38.1 m) on June 24, 1992, then 1.2 times
the LOA of the vessel on June 24, 1992,
or 125 ft (38.1 m), whichever is less.
However, if the vessel was under reconstruction on June 24, 1992, then the
basis for the MLOA will be the LOA of
the vessel on the date that reconstruction was completed and not June 24,
1992. The following exceptions apply regardless of how the MLOA was determined.
(i) If the vessel’s LOA on June 17,
1995, was less than 60 ft (18.3 m), or if
the vessel was under reconstruction on
June 17, 1995, and the vessel’s LOA on
the date that reconstruction was completed was less than 60 ft (18.3 m), then
the vessel’s MLOA cannot exceed 59 ft
(18 m).

§ 679.2
(ii) If the vessel’s LOA on June 17,
1995, was greater than or equal to 60 ft
(18.3 m) but less than 125 ft (38.1 m), or
if the vessel was under reconstruction
on June 17, 1995, and the vessel’s LOA
on the date that reconstruction was
completed was greater than or equal to
60 ft (18.3 m) but less 125 ft (38.1 m),
then the vessel’s MLOA cannot exceed
124 ft (37.8 m).
(iii) If the vessel’s LOA on June 17,
1995, was 125 ft (38.1 m) or greater, then
the vessel’s MLOA is the vessel’s LOA
on June 17, 1995, or if the vessel was
under reconstruction on June 17, 1995,
and the vessel’s LOA on the date that
reconstruction was completed was 125
ft (38.1 m) or greater, then the vessel’s
MLOA is the vessel’s LOA on the date
reconstruction was completed.
(iv) The MLOA of an Amendment 80
LLP license or Amendment 80 LLP/QS
license will be permanently changed to
295 ft. (89.9 m) when an Amendment 80
replacement vessel is listed on the license following the approval of a license transfer application described at
§ 679.4(k)(7).
(v) The MLOA of a groundfish LLP license endorsed to catch and process
Pacific cod with hook-and-line gear in
the BS or AI, or both, and is designated
in Column B of Table 9 to this part is
220 feet (67 m).
(vi) An AFA vessel is exempt from
the MLOA on an LLP license with a
Bering Sea area endorsement or an
Aleutian Islands area endorsement
when the vessel is used in the BSAI to
harvest or process license limitation
groundfish and the LLP license specifies an exemption from the MLOA restriction for the AFA vessel.
Maximum retainable amount (MRA)
(see § 679.20(e)).
Modified Gear Trawl Zone means an
area of the Bering Sea subarea specified at Table 51 to this part that is
closed to directed fishing for groundfish with nonpelagic trawl gear, except
by vessels using modified nonpelagic
trawl gear meeting the standards at
§ 679.24(f).
Mothership means a vessel that receives and processes groundfish from
other vessels.
Nearshore Bristol Bay Trawl Closure
Area of the BSAI (See § 679.22(a)(9) and
Figure 12 to this part.)

541

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

Net-sounder device means a sensor
used to determine the depth from the
water surface at which a fishing net is
operating.
Net weight (IFQ or CDQ halibut only).
Net weight of IFQ or CDQ halibut
means the weight of a halibut that is
gutted, head off, and washed or ice and
slime deducted.
NMFS Alaska Region website means
https://www.fisheries.noaa.gov/region/
alaska.
NMFS investigator, for purposes of
subpart E of this part, means a designee authorized by the Regional Administrator to conduct investigations
under this section.
NMFS Person Identification Number
means a unique number assigned by
NMFS to any person who applied for,
or who has been issued, a certificate, license, or permit under any fishery
management program administered by
the Alaska Region for purposes of the
NMFS/Alaska Region Integrated Regional Data System.
Non-allocated or nonspecified species
means those fish species, other than
prohibited species, for which TAC has
not been specified (e.g., prowfish and
lingcod).
Non-IFQ groundfish means groundfish, other than IFQ sablefish.
Non-individual entity means a person
who is not an individual or ‘‘natural’’
person; it includes corporations, partnerships, estates, trusts, joint ventures, joint tenancy, and any other
type of ‘‘person’’ other than a natural
person.
Non-allocated secondary species (see
Rockfish Program species in this section).
Non-chinook salmon means coho, pink,
chum or sockeye salmon.
North Pacific fishery means any commercial fishery in state or Federal
waters off Alaska.
Northern Bering Sea Research Area
means a habitat research area specified
at Table 43 and Figure 17 to this part.
Nunivak Island, Etolin Strait, and
Kuskokwim Bay Habitat Conservation
Area means a habitat protection area
specified at Table 44 and Figure 21 to
this part.
Observed means observed by one or
more observers (see subpart E of this
part).

Observer means any
(1) Individual employed by a permitted observer provider or a NMFS
observer provider for the purpose of
serving in the capacity of an observer
aboard vessels and at shoreside processors or stationary floating processors
under this part; or
(2) NMFS employee deployed at the
direction of the Regional Administrator or individual authorized by
NMFS, aboard a vessel or at a shoreside processor or stationary floating
processor for the purpose of serving in
the capacity of an observer as required
for vessels, shoreside processors, or stationary floating processors under
§ 679.51(a) or (b), or for other purposes
of conservation and management of
marine resources as specified by the
Regional Administrator.
Observer Program means the administrative office of the North Pacific Observer Program located at the Alaska
Fisheries
Science
Center
(See
§ 679.51(c)(3) for contact information).
Observer Provider means any person
or commercial enterprise that is granted a permit by NMFS to provide observer services to vessels, shoreside
processors, or stationary floating processors for observer coverage credit as
required in subpart E of this part.
Official AFA record means the information prepared by the Regional Administrator about vessels and processors that were used to participate in
the BSAI pollock fisheries during the
qualifying periods specified in § 679.4(l).
Information in the official AFA record
includes vessel ownership information,
documented harvests made from vessels during AFA qualifying periods,
vessel characteristics, and documented
amounts of pollock processed by pollock processors during AFA qualifying
periods. The official AFA record is presumed to be correct for the purpose of
determining eligibility for AFA permits. An applicant for an AFA permit
will have the burden of proving correct
any information submitted in an application that is inconsistent with the official record.
Official License Limitation Program
(LLP) record means the information
prepared by the Regional Administrator about vessels that were used to
participate in the groundfish or crab

542

Fishery Conservation and Management
fisheries during qualified periods for
the groundfish and crab LLP specified
at § 679.4(k) and in the scallop fisheries
during the qualifying periods for the
scallop LLP specified at § 679.4(g). Information in the official LLP record
includes vessel ownership information,
documented harvests made from vessels during the qualification periods,
and vessel characteristics. The official
LLP record is presumed to be correct
for the purpose of determining eligibility for licenses. An applicant for a
license under the LLP will have the
burden of proving the validity of information submitted in an application
that is inconsistent with the official
LLP record.
Offshore component in the GOA means
all vessels not included in the definition of ‘‘inshore component in the
GOA’’ that process pollock harvested
in the GOA, and/or Pacific cod harvested in the Eastern GOA.
Operate a vessel means for purposes of
VMS that the fishing vessel is:
(1) Offloading or processing fish;
(2) In transit to, from, or between the
fishing areas; or
(3) Fishing or conducting operations
in support of fishing.
Optimum yield means:
(1) With respect to the salmon fishery, that amount of any species of
salmon that will provide the greatest
overall benefit to the Nation, with particular reference to food production
and recreational opportunities, as specified in the Salmon FMP.
(2) With respect to the groundfish and
Arctic fisheries, see § 679.20(a)(1).
Other flatfish (see Table 11 to this
part pursuant to § 679.20(c).)
Other gear means gear other than authorized fishing gear.
Other rockfish (see Tables 10 and 11 to
this part pursuant to § 679.20(c); see
also ‘‘rockfish’’ in this section.)
Other species is a category of target
species for the purpose of MRA and
PSC management that consists of
groundfish species in each management
area. These target species are managed
as an other species group and identified
in Tables 10 and 11 to this part pursuant to § 679.20(e).
Pacific Cod Trawl Cooperative (PCTC)
Program means the Pacific Cod Trawl

§ 679.2
Cooperative Program as implemented
under subpart L of this part.
Parallel groundfish fishery. With respect to subpart E of this part, parallel
groundfish fishery means a fishery that
occurs in waters of the State of Alaska
(from 0 to 3 nm) adjacent to the BSAI
or GOA management areas and opens
concurrently with Federal groundfish
fisheries such that groundfish catch is
deducted from the Federal Total Allowable Catch.
PCTC Program cooperative means a
group of eligible Pacific cod harvesters
who have chosen to form a cooperative
and associate with a processor under
the requirements at § 679.131 in order to
combine and harvest fish collectively
under a CQ permit issued by NMFS.
PCTC Program harvester QS pool
means the sum of Pacific cod QS units
assigned to LLP licenses established
for the PCTC Program fishery based on
the PCTC Program official record.
PCTC Program official record means
information used by NMFS necessary
to determine eligibility to participate
in the PCTC Program and assign specific harvest privileges or limits to
PCTC Program participants based on
Pacific cod legal landings as defined at
§ 679.130.
PCTC Program participants means
those PCTC Program harvesters and
processors who receive, hold, or use
PCTC Program QS.
PCTC Program processor QS pool
means the sum of PCTC Program QS
units assigned to processor permits
issued under the PCTC Program based
on the PCTC Program official record.
PCTC Program QS unit means a single
share of the PCTC Program QS pool
based on Pacific cod legal landings.
PCTC Program quota share (QS) means
QS units issued by NMFS expressed in
metric tons, derived from the Pacific
cod legal landings assigned to an LLP
license or PCTC Program QS permit
held by a processor and used as the
basis for the issuance of annual CQ.
Permit means documentation granting permission to fish and includes ‘‘license’’ as a type of permit.
Person means any individual (whether or not a citizen or national of the

543

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

United States), any corporation, partnership, association, or other non-individual entity (whether or not organized, or existing under the laws of any
state), and any Federal, state, local, or
foreign government or any entity of
any such aforementioned governments.
Personal use fishing means, for purposes of the salmon fishery, fishing
other than commercial fishing.
Pollock CDQ fishing means directed
fishing for pollock in the BS or AI
under a pollock allocation to the CDQ
Program authorized at § 679.31(a) and
accruing pollock catch against a pollock CDQ allocation.
Pollock roe means product consisting
of pollock eggs, either loose or in sacs
or skeins.
Pot catcher/processor means a catcher/
processor vessel that is named on a
valid LLP license that is noninterim
and transferable, or that is interim and
subsequently becomes noninterim and
transferable, and that is endorsed for
Bering Sea, Aleutian Islands, and/or
Gulf of Alaska catcher/processor fishing activity, catcher/processor Pacific
cod, and pot gear.
Preponderance of the evidence, for purposes of subpart E of this part, means
proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more
probably true than not.
Primary product (see Table 1 to this
part).
Processing, or to process, means the
preparation of, or to prepare, fish or
crab to render it suitable for human
consumption, industrial uses, or longterm storage, including but not limited
to cooking, canning, smoking, salting,
drying, freezing, or rendering into meal
or oil, but does not mean icing, bleeding, heading, or gutting.
Processor vessel means, unless otherwise restricted, any vessel that has
been issued a Federal fisheries permit
and that can be used for processing
groundfish.
Product transfer report (PTR) (see
§ 679.5(g)).
Program Administrator, RAM means
the Program Administrator of Restricted Access Management Program,
Alaska Region, NMFS.
Prohibited species means any of the
species
of
Pacific
salmon

(Oncorhynchus spp.), steelhead trout
(Oncorhynchus mykiss), Pacific halibut
(Hippoglossus stenolepis), Pacific herring
(Clupea harengus pallasi), king crab,
and Tanner crab (see Table 2b to this
part), caught by a vessel issued an FFP
under § 679.4(b) while fishing for
groundfish in the BSAI or GOA, unless
retention is authorized by other applicable laws, including the annual management measures published in the
FEDERAL REGISTER pursuant to § 300.62
of this title.
Prohibited species catch (PSC) means
any of the species listed in Table 2b to
this part.
PRR means standard product recovery rate (see Table 3 to this part).
PSD Permit means a permit issued by
NMFS to an applicant who qualifies as
an authorized distributor for purposes
of the PSD.
PSD Program means the Prohibited
Species Donation Program established
under § 679.26.
PSQ means prohibited species quota
and is the amount of a PSQ reserve
that is allocated to a CDQ group.
PSQ allocation means a percentage of
a PSQ reserve specified under § 679.31
that is assigned to a CDQ group.
PSQ reserve means the amount of a
prohibited species catch limit established under § 679.21 that has been allocated to the CDQ Program under
§ 679.21.
PSQ species means any species or species group that has been allocated from
a PSQ reserve to a CDQ group.
Qualified Person means:
(1) With respect to the IFQ program, see
IFQ
Management
Measures
at
§ 679.40(a)(2).
(2) With respect to the groundfish and
crab species license limitation program, a
person who was eligible on June 17,
1995, to document a fishing vessel
under Chapter 121, Title 46, U.S.C.
(3) With respect to the scallop LLP, a
person who was eligible on February 8,
1999, to document a fishing vessel
under Chapter 121, Title 46, U.S.C.
Quarter, or quarterly reporting period,
means one of four successive 3-month
periods, which begin at 0001 hours,
A.l.t., on the first day of each quarter,
and end at 2400 hours, A.l.t., on the last
day of each quarter, as follows:

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Fishery Conservation and Management
(1) 1st quarter: January 1 through
March 31.
(2) 2nd quarter: April 1 through June
30.
(3) 3rd quarter: July 1 through September 30.
(4) 4th quarter: October 1 through December 31.
Quota share (QS) means a permit, the
face amount of which is used as a basis
for the annual calculation of a person’s
IFQ.
Reconstruction means a change in the
LOA of the vessel from its original
qualifying LOA.
Recreational Fishing Quota (RFQ)
means the pounds of halibut issued annually to a Recreational Quota Entity
to supplement the annual guided sport
catch limit under the catch sharing
plan for IFQ regulatory areas 2C and
3A pursuant to § 300.65(c) of this title.
Recreational Quota Entity (RQE)
means a non-profit entity incorporated
under the laws of the State of Alaska,
recognized as exempt from Federal income tax by the Internal Revenue
Service, and authorized by NMFS to
participate in the Halibut IFQ Program
to hold commercial halibut quota share
to supplement the annual guided sport
catch limit in IFQ regulatory areas 2C
and 3A under the catch sharing plan
pursuant to § 300.65(c) of this title.
NMFS will authorize only one RQE at
a time.
Red King Crab Savings Area (RKCSA)
of the BSAI (see § 679.22(a)(3) and Figure
11 to this part).
Red King Crab Savings Subarea
(RKCSS)
of
the
BSAI
(see
§ 679.21(e)(3)(ii)(B) and Figure 11 to this
part).
Regional Administrator, for purposes of
this part, means the Administrator,
Alaska Region, NMFS, as defined at
§ 600.10 of this chapter, or a designee.
Registered buyer means the person
identified on a Registered Buyer permit (see § 679.4(d)(3)).
Registered crab receiver (RCR) means a
person issued an RCR permit, described
under 50 CFR part 680, by the Regional
Administrator.
Regulatory area means any of three
areas of the EEZ in the GOA (see Figure 3 to this part).
Reporting area (see Figures 1 and 3 to
this part) means:

§ 679.2
(1) An area that includes a statistical
area of the EEZ off Alaska and any adjacent waters of the State of Alaska;
(2) The reporting areas 300, 400, 550,
and 690, which do not contain EEZ
waters off Alaska or Alaska state
waters; or
(3) Reporting areas 649 and 659, which
contain only waters of the State of
Alaska.
Representative (see § 679.5(b)).
Reprocessed or rehandled product (see
Table 1 to this part).
Restricted
AFA
inshore
processor
means an AFA inshore processor permitted to harvest pollock under
§ 679.4(l)(5)(i)(B).
Retain on board (see §§ 600.10 and 679.27
of this chapter.)
Rockfish means:
(1) For the Gulf of Alaska: Any species
of the genera Sebastes or Sebastolobus
except Sebastes ciliatus (dark rockfish);
Sebastes melanops (black rockfish); and
Sebastes mystinus (blue rockfish).
(2) For the Bering Sea and Aleutian Islands Management Area: Any species of
the genera Sebastes or Sebastolobus except Sebastes ciliatus (dark rockfish).
Rockfish (Catch Monitoring Control
Plan) CMCP specialist, for purposes of
subpart H to this part, means a designee authorized by the Regional Administrator to monitor compliance
with catch monitoring and control
plans or for other purposes of conservation and management of marine resources as specified by the Regional
Administrator.
Rockfish cooperative means a group of
rockfish eligible harvesters who have
chosen to form a rockfish cooperative
under the requirements in § 679.81 in
order to combine and harvest fish collectively under a CQ permit issued by
NMFS.
Rockfish CQ (See CQ)
Rockfish
CQ
equivalent
pound(s)
means the weight recorded in pounds,
for a rockfish CQ landing and calculated as round weight.
Rockfish eligible harvester means a
person who is permitted by NMFS to
hold rockfish QS.
Rockfish entry level harvester means a
person who is harvesting fish in the
rockfish entry level longline fishery.
Rockfish entry level longline fishery
means the longline gear fisheries in the

545

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50 CFR Ch. VI (10–1–23 Edition)

Central GOA conducted under the
Rockfish Program by rockfish entry
level harvesters.
Rockfish entry level trawl fishery
means the trawl gear fisheries in the
Central GOA conducted under the
Rockfish Program by rockfish entry
level harvesters during 2007 through
2011 only.
Rockfish fee liability means that
amount of money for Rockfish Program cost recovery, in U.S. dollars,
owed to NMFS by a CQ permit holder
as determined by multiplying the appropriate standard ex-vessel value of
his or her rockfish landing(s) by the appropriate rockfish fee percentage.
Rockfish fee percentage means that
positive number no greater than 3 percent (0.03) determined by the Regional
Administrator and established for use
in calculating the rockfish fee liability
for a CQ permit holder.
Rockfish halibut PSC means the
amount of halibut PSC that may be
used by a rockfish cooperative in the
Central GOA as assigned on a CQ permit.
Rockfish legal landings means groundfish caught and retained in compliance
with state and Federal regulations in
effect at that time unless harvested
and then processed as meal, and—
(1) For catcher vessels: The harvest of
groundfish from the Central GOA regulatory area that is offloaded and recorded on a State of Alaska fish ticket
during the directed fishing season for
that rockfish primary species as established in Tables 28a and 28b to this
part.
(2) For catcher/processors: The harvest
of groundfish from the Central GOA
regulatory area that is recorded on a
weekly production report based on harvests during the directed fishing season
for that rockfish primary species as established in Table 28a to this part.
Rockfish processor means a shoreside
processor with a Federal processor permit that receives groundfish harvested
under the authority of a CQ permit.
Rockfish Program means the program
implemented under subpart G to this
part to manage Rockfish Program fisheries.
Rockfish Program fisheries means one
of following fisheries under the Rockfish Program:

(1) A rockfish cooperative in the
catcher/processor sector;
(2) A rockfish cooperative in the
catcher vessel sector; and
(3) The rockfish entry level longline
fishery.
Rockfish Program official record means
information used by NMFS necessary
to determine eligibility to participate
in the Rockfish Program and assign
specific harvest privileges or limits to
Rockfish Program participants.
Rockfish Program species means the
following species that are managed
under the authority of the Rockfish
Program:
(1) Rockfish primary species means
northern rockfish, Pacific ocean perch,
and dusky rockfish in the Central GOA
regulatory area.
(2) Rockfish secondary species means
the following species in the Central
GOA regulatory area:
(i) Sablefish not allocated to the IFQ
Program;
(ii) Thornyhead rockfish;
(iii) Pacific cod for the catcher vessel
sector;
(iv) Rougheye rockfish for the catcher/processor sector; and
(v) Shortraker rockfish for the catcher/processor sector.
(3) Rockfish non-allocated species
means all groundfish species other
than Rockfish Program species.
Rockfish quota share (QS) means a
permit expressed in numerical units,
the amount of which is based on rockfish legal landings for purposes of
qualifying for the Rockfish Program
and that are assigned to an LLP license.
Rockfish QS pool means the sum of
rockfish QS units established for the
Rockfish Program fishery based on the
Rockfish Program official record.
Rockfish QS unit means a measure of
QS based on rockfish legal landings.
Rockfish sector means:
(1) Catcher/processor sector: Those
rockfish eligible harvesters who hold
an LLP license with a catcher/processor designation and who are eligible
to receive rockfish QS that may result
in CQ that may be harvested and processed at sea.
(2) Catcher vessel sector: Those rockfish eligible harvesters who hold an
LLP license who are eligible to receive

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Fishery Conservation and Management
rockfish QS that may result in CQ that
may not be harvested and processed at
sea.
Rockfish sideboard fisheries means
fisheries that are assigned a rockfish
sideboard limit that may be harvested
by participants in the Rockfish Program.
Rockfish sideboard limit means:
(1) The maximum amount of northern rockfish, Pacific ocean perch, and
dusky rockfish that may be harvested
in the Rockfish Program as specified in
the
sideboard
provisions
under
§ 679.82(e), as applicable; and
(2) The maximum amount of halibut
PSC that may be used in the Rockfish
Program as specified in the sideboard
provisions under § 679.82(e), as applicable.
Rockfish sideboard ratio means a portion of a rockfish sideboard limit for a
groundfish fishery that is assigned as
specified under § 679.82(e).
Rockfish standard ex-vessel value
means the total U.S. dollar amount of
rockfish CQ groundfish landings as calculated by multiplying the number of
landed rockfish CQ equivalent pounds
by the appropriate rockfish standard
price determined by the Regional Administrator.
Rockfish standard price means a price,
expressed in U.S. dollars per rockfish
CQ equivalent pound, for landed rockfish CQ groundfish determined annually by the Regional Administrator.
Round-weight equivalent means the
weight of groundfish calculated by dividing the weight of the primary product made from that groundfish by the
PRR for that primary product as listed
in Table 3 to this part, or, if not listed,
the weight of groundfish calculated by
dividing the weight of a primary product by the standard PRR as determined
using the best available evidence on a
case-by-case basis.
Sablefish
(black
cod)
means
Anoplopoma fimbria. (See also IFQ sablefish; sablefish as a prohibited species at
§ 679.21(a)(5); and sablefish as a prohibited species at § 679.24(c)(2)(ii)).
Sablefish CDQ fishing means fishing
using fixed gear, retaining sablefish
CDQ, and that results in the retained
catch of sablefish CDQ plus sablefish
IFQ being greater than the retained

§ 679.2
catch of any other groundfish species
or species group.
Salmon means the following species:
(1)
Chinook
(or
king)
salmon
(Oncorhynchus tshawytscha);
(2) Coho (or silver) salmon (O.
kisutch);
(3) Pink (or humpback) salmon (O.
gorbuscha);
(4) Sockeye (or red) salmon (O.
nerka); and
(5) Chum (or dog) salmon (O. keta).
Salmon bycatch incentive plan agreement (IPA) is a voluntary private contract, approved by NMFS under
§ 679.21(f)(12), that establishes incentives for participants to avoid Chinook
salmon and chum salmon bycatch
while directed fishing for pollock in
the BS.
Salmon Management Area means those
waters of the EEZ off Alaska (see Figure 23 to part 679) under the authority
of the Salmon FMP. The Salmon Management Area is divided into a West
Area and an East Area with the border
between the two at the longitude of
Cape Suckling (143°53.6′ W):
(1) The East Area means the area of
the EEZ in the Gulf of Alaska east of
the longitude of Cape Suckling
(143°53.6′ W).
(2) The West Area means the area of
the EEZ off Alaska in the Bering Sea,
Chukchi Sea, Beaufort Sea, and the
Gulf of Alaska west of the longitude of
Cape Suckling (143°53.6′ W), including
the Cook Inlet EEZ Subarea, but excludes the Prince William Sound Area
and the Alaska Peninsula Area. The
Cook Inlet EEZ Subarea means the
EEZ waters of Cook Inlet north of a
line at 59°46.15′ N. The Prince William
Sound Area and the Alaska Peninsula
Area are shown in Figure 23 to this
part and described as:
(i) [Reserved]
(ii) the Prince William Sound Area
which means the EEZ waters shoreward of a line that starts at 60°16.8′ N
and 146°15.24′ W and extends southeast
to 59°42.66′ N and 144°36.20′ W and a line
that starts at 59°43.28′ N and 144°31.50′
W and extends northeast to 59°56.4′ N
and 143°53.6′ W.
(iii) the Alaska Peninsula Area which
means the EEZ waters shoreward of a
line at 54°22.5′ N from 164°27.1′ W to

547

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

163°1.2′ W and a line at 162°24.05′ W from
54°30.1′ N to 54°27.75′ N.
Scallop(s) means any species of the
family Pectinidae, including, without
limitation,
weathervane
scallops
(Patinopectin caurinus).
Scallop license means a license issued
by NMFS that authorizes the license
holder to catch and retain scallops pursuant to the conditions specified on the
license.
Scallop Registration Area H (Cook
Inlet) means all Federal waters of the
GOA west of the longitude of Cape
Fairfield (148°50′ W. long.) and north of
the latitude of Cape Douglas (58°52′ N.
lat.).
Sculpins (see Table 2c to this part and
§ 679.20(i)).
Seabird means those bird species that
habitually obtain their food from the
sea below the low water mark.
Seabird avoidance gear (see §§ 679.24(e),
679.42(b)(2), and Table 19 to this part).
Set means a string of longline gear, a
string of pots, or a group of pots with
individual pots deployed and retrieved
in the water in a similar location with
similar soak time. In the case of pot
gear, when the pots in a string are
hauled more than once in the same position, a new set is created each time
the string is retrieved and re-deployed.
A set includes a test set, unsuccessful
harvest, or when gear is not working
and is pulled in, even if no fish are harvested.
Shallow water flatfish (see Table 10 to
this part pursuant to § 679.20(c).)
Shoreside processor means any person
or vessel that receives, purchases, or
arranges to purchase, unprocessed
groundfish, except catcher/processors,
motherships, buying stations, tender
vessels, restaurants, or persons receiving groundfish for personal consumption or bait.
Shoreside processor electronic logbook
report (SPELR) (discontinued, see definition of ‘‘eLandings’’ under this section).
Shucking machine means any mechanical device that automatically removes
the meat or the adductor muscle from
the shell.
Sideboard ratio for purposes of the
Rockfish Program means a portion of a
sideboard limit for a groundfish fishery
that is assigned to the catcher vessel

sector or catcher/processor sector
based on the catch history of vessels in
that sector.
Single
geographic
location
(see
§ 679.4(l)(5)(iii)).
Sitka Pinnacles Marine Reserve means
an area totaling 2.5 square nm in the
GOA, off Cape Edgecumbe, in Statistical Area 650. See Figure 18 to this
part.
Southeast Outside District of the GOA
means that part of the Eastern GOA
Regulatory Area contained in Statistical Area 650 (see Figure 3 to this
part).
Squids (see Table 2c to this part and
§ 679.20(i)).
St. Lawrence Island Habitat Conservation Area means a habitat protection
area specified at Table 45 to this part.
St. Matthew Island Habitat Conservation Area means a habitat protection
area specified at Table 46 to this part.
State means the State of Alaska.
Stationary floating processor (SFP)
means:
(1) A vessel of the United States operating as a processor in Alaska State
waters that remains anchored or otherwise remains stationary in a single geographic location while receiving or
processing groundfish harvested in the
GOA or BSAI; and
(2) In the Western and Central GOA
Federal reporting areas 610, 620, or 630,
a vessel that has not operated as a
catcher/processor, CQE floating processor, or mothership in the GOA during
the same fishing year; however, an SFP
can operate as catcher/processor or
mothership in the BSAI and an SFP in
the Western and Central GOA during
the same fishing year.
Statistical area means the part of any
reporting area defined in Figures 1 and
3 to this part, contained in the EEZ.
Stretched mesh size means the distance between opposite knots of a foursided mesh when opposite knots are
pulled tautly to remove slack.
Subsistence fishing for purposes of
fishing in the Arctic Management Area
means the harvest of Arctic fish and
Pacific salmon for non-commercial,
long-term, customary and traditional
use necessary to maintain the life of
the taker or those who depend upon the
taker to provide them with such subsistence.

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Fishery Conservation and Management
Superexclusive registration area means
any State of Alaska designated registration area within the Bering Sea
and Aleutian Islands Area where, if a
vessel is registered to fish for crab,
that vessel is prohibited from fishing
for crab in any other registration area
during that registration year.
Support vessel means any vessel that
is used in support of other vessels regulated under this part, including, but
not limited to, supplying a fishing vessel with water, fuel, provisions, fishing
equipment, fish processing equipment
or other supplies, or transporting processed fish. The term ‘‘support vessel’’
does not include processor vessels or
tender vessels.
Suspending official, for purposes of
subpart E of this part, means a designee authorized by the Regional Administrator to impose suspension.
Suspension, as used in § 679.53, means
action taken by a suspending official
under § 679.53(c) to suspend certification of observers or observer providers temporarily until a final decision is made with respect to decertification.
Tagged halibut or sablefish (see
§ 679.40(g)).
Tanner crab means Chionoecetes species or hybrids of these species.
Target species are those species or species groups for which a TAC is specified
pursuant to § 679.20(a)(2).
Tax-exempt organization means an organization that received a determination letter from the Internal Revenue
Service recognizing tax exemption
under 26 CFR part 1 (§§ 1.501 to 1.640).
Tender vessel means a vessel that is
used to transport unprocessed fish or
shellfish received from another vessel
to an associated processor.
Ten percent or greater direct or indirect
ownership interest for purposes of the
Amendment 80 Program means a relationship between two or more persons
in which one directly or indirectly
owns or controls a 10 percent or greater
interest in, or otherwise controls, another person; or a third person which
directly or indirectly owns or controls,
or otherwise controls a 10 percent or
greater interest in both. For the purpose of this definition, the following
terms are further defined:

§ 679.2
(1) Person. A person is a person as defined in this section.
(2) Indirect interest. An indirect interest is one that passes through one or
more intermediate persons. A person’s
percentage of indirect interest in a second person is equal to the person’s percentage of direct interest in an intermediate person multiplied by the intermediate person’s direct or indirect interest in the second person.
(3) Controls a 10 percent or greater interest. A person controls a 10 percent or
greater interest in a second person if
the first person:
(i) Controls a 10 percent ownership
share of the second person; or
(ii) Controls 10 percent or more of the
voting or controlling stock of the second person.
(4) Otherwise controls. A person otherwise controls another person, if the
first person has:
(i) The right to direct, or does direct,
the business of the other person;
(ii) The right in the ordinary course
of business to limit the actions of, or
replace, or does limit or replace, the
chief executive officer, a majority of
the board of directors, any general
partner, or any person serving in a
management capacity of the other person;
(iii) The right to direct, or does direct, the Rockfish Program fishery
processing activities of the other person;
(iv) The right to restrict, or does restrict, the day-to-day business activities and management policies of the
other person through loan covenants;
(v) The right to derive, or does derive, either directly, or through a minority shareholder or partner, and in
favor of the other person, a significantly disproportionate amount of the
economic benefit from the processing
of fish by that other person;
(vi) The right to control, or does control, the management of, or to be a
controlling factor in, the other person;
(vii) The right to cause, or does
cause, the purchase or sale of fish processed by the other person;
(viii) Absorbs all of the costs and normal business risks associated with
ownership and operation of the other
person; or

549

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

(ix) Has the ability through any
other means whatsoever to control the
other person.
Transfer means:
(1) Groundfish fisheries of the GOA and
BSAI. Any loading, offloading, shipment or receipt of any IFQ sablefish or
other
groundfish
product
by
a
mothership, catcher/processor, shoreside processor, or stationary floating
processor, including quantities transferred inside or outside the EEZ, within any state’s territorial waters, within
the internal waters of any state, at any
shoreside processor, stationary floating
processor, or at any offsite meal reduction plant.
(2) IFQ halibut and CDQ halibut fisheries. Any loading, offloading, or shipment of any IFQ halibut or CDQ halibut product including quantities
transferred inside or outside the EEZ,
within any state’s territorial waters,
within the internal waters of any state,
at any shoreside processor, stationary
floating processor, or at any offsite
meal reduction plant.
Trawl test areas (see Figure 7 to this
part and § 679.24(d)).
Unlisted AFA catcher/processor means
an AFA catcher/processor permitted to
harvest
BS
pollock
under
§ 679.4(l)(2)(ii).
Unrestricted AFA inshore processor
means an AFA inshore processor permitted to harvest pollock under
§ 679.4(l)(5)(i)(A).
Unsorted codend is a codend of
groundfish that is not brought on board
a catcher vessel and that is delivered
to a mothership, shoreside processor,
or stationary floating processor without the potential for sorting. No other
instance of catcher vessel harvest is
considered an ‘‘unsorted codend.’’ All
other catch that does not meet this
definition is considered ‘‘presorted’’
whether or not sorting occurs.
U.S. citizen means:
(1) General usage. Any individual who
is a citizen of the United States.
(2) IFQ program. (i) Any individual
who is a citizen of the United States at
the time of application for QS; or
(ii) Any corporation, partnership, association, or other non-individual entity that would have qualified to document a fishing vessel as a vessel of the

United States during the QS qualifying
years of 1988, 1989, and 1990.
U.S.-Russian Boundary means the seaward boundary of Russian waters as defined in Figure 1 to this part.
User means, for purposes of IERS and
its components including eLandings
and tLandings, an individual representative of a Registered Buyer; a Registered Crab Receiver; a mothership or
catcher/processor that is required to
have a Federal Fisheries Permit (FFP)
under § 679.4; a shoreside processor or
SFP and mothership that receives
groundfish from vessels issued an FFP
under § 679.4; any shoreside processor or
SFP that is required to have a Federal
processor permit under § 679.4; and his
or her designee(s).
User identification (UserID), for purposes of IERS and eLandings, means
the string of letters and/or numbers
that identifies the individual and gives
him or her authorization to view and
submit reports for specific operations
or to otherwise use eLandings. To facilitate the management of Users and
privileges and to provide for data security, a separate UserID is issued to
each individual.
Vessel Activity Report (VAR) (see
§ 679.4(k)).
Vessel length category means the
length category of a vessel, based on
the assigned MLOA, used to determine
eligibility.
Vessel Monitoring Plan (VMP) means
the document that describes how fishing operations on the vessel will be
conducted and how the EM system and
associated equipment will be configured to meet the data collection objectives and purpose of the EM program.
VMPs are required under § 679.51(f).
Vessel
operations
category
(see
§ 679.5(b)(3)).
Walrus
Protection
Areas
(see
§ 679.22(a)(4)).
Week-ending date means the last day
of the weekly reporting period which
ends on Saturday at 2400 hours, A.l.t.,
except during the last week of each calendar year, when it ends at 2400 hours,
A.l.t., December 31.
Weekly production report (WPR) is no
longer required (see § 679.5(e)(9) and
(10)).
Weekly reporting period means a time
period that begins at 0001 hours, A.l.t.,

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Fishery Conservation and Management
Sunday morning (except during the
first week of each year, when it starts
on January 1) and ends at 2400 hours,
A.l.t., the following Saturday night
(except during the last week of each
year, when it ends on December 31).
West Yakutat District of the GOA
means that part of the Eastern GOA
Regulatory Area contained in Statistical Area 640 (see Figure 3 to this
part).
Western Aleutian District means that
part of the Aleutian Islands Subarea
contained in Statistical Area 543 (see
Figure 1 to this part).
Western GOA Regulatory Area means
that portion of the GOA EEZ that is
contained in Statistical Area 610 (see
Figure 3 to this part).
Wing tip means the point where adjacent breast lines intersect or where a
breast line intersects with the fishing
line.
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.2, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.3 Relation to other laws.
(a) Foreign fishing for groundfish. Regulations governing U.S. nationals fishing in the Russian fisheries are set
forth in part 300 of chapter III of this
title.
(b) Domestic fishing for groundfish. (1)
The conservation and management of
groundfish in waters of the territorial
sea and internal waters of the State of
Alaska are governed by the Alaska Administrative Code at 5 AAC Chapter 28
and by the Alaska Statutes at Title 16.
(2) Alaska Administrative Code (5
AAC 39.130) governs reporting and permitting requirements using ADF&G
‘‘Intent to Operate’’ and ‘‘Fish Tickets.’’
(c) Halibut. Additional regulations
governing the conservation and management of halibut are set forth in sub-

§ 679.4
part E of part 300 of chapter III of this
title.
(d) King and Tanner crabs. Additional
regulations governing conservation and
management of king crabs and Tanner
crabs in the Bering Sea and Aleutian
Islands Area are contained in 50 CFR
part 680 and in Alaska Statutes at A.S.
16 and Alaska Administrative Code at 5
AAC Chapters 34, 35, and 39.
(e) Incidental catch of marine mammals.
Regulations governing exemption permits and the recordkeeping and reporting of the incidental take of marine
mammals are set forth in § 216.24 and
part 229 of this title.
(f) Domestic fishing for salmon. Management of the salmon commercial
troll fishery and sport fishery in the
East Area of the Salmon Management
Area, defined at § 679.2, is delegated to
the State of Alaska.
(g) Scallops. Additional regulations
governing conservation and management 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; 77
FR 75587, Dec. 21, 2012]

§ 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 .......................
......................................................

(B) Halibut & sablefish permits ............................
(C) Halibut & sablefish hired master permits .......
(ii) CDQ Halibut ....................................................

551

For more information, see . . .

Paragraph (d)(3)(ii) of this section
Paragraph (d)(1) of this section
Paragraph (d)(2) of this section

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

If program permit or card type is:

Permit is in effect from issue date
through the end of:

(A) Halibut permit .................................................
(B) Halibut hired master permit ............................
(iii) AFA:
(A) Catcher/processor ..........................................

Specified fishing year .......................
Specified fishing year .......................

Paragraph (e) of this section
Paragraph (e) of this section

Indefinite unless permit is revoked
after vessel is replaced or permit
is suspended after vessel is lost.
Indefinite unless permit is revoked
after vessel is replaced or removed, or permit is suspended
after vessel is lost.
Indefinite unless permit is revoked
after vessel is replaced or permit
is suspended after vessel is lost.
Indefinite ...........................................
Calendar year ..................................

Paragraph (l) of this section

Until expiration date shown on permit.
Until expiration date shown on permit.
......................................................
5 years .............................................

Paragraph (b) of this section

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

3 years .............................................
3 years .............................................

§ 679.26
§ 679.26

1 year ...............................................
30 days ............................................

§ 300.65 of this title
§ 300.65 of this title

Indefinite ...........................................
Until expiration date shown on permit.

§ 679.80(a).
Paragraph (n) of this section.

Indefinite ...........................................
Specified fishing year .......................
Specified fishing year .......................
see § 680.4 of this chapter ..............
Indefinite ...........................................
Indefinite ...........................................
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

Specified
Specified
Specified
Specified

§ 680.4(g) of this chapter
§ 680.4(i) of this chapter
§ 680.4(k) of this chapter
§ 680.21(b) of this chapter

(B) Catcher vessel ...............................................

(C)Mothership .......................................................

(D) Inshore processor ..........................................
(E) Inshore cooperative ........................................
(iv) Groundfish:
(A) Federal fisheries .............................................
(B) Federal processor ..........................................
(v) [Reserved] ..............................................................
(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) Rockfish QS ...................................................
(B) CQ ..................................................................
(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 .......
(xv) Guided sport halibut fishery permits:
(A) Charter halibut permit ............................................
(B) Community charter halibut permit .........................
(C) Military charter halibut permit ................................
(D) Guided Angler Fish (GAF) permit .........................
(xvi) PCTC Program:
(A) PCTC Program QS permit (for processors).
(B) PCTC Program CQ permit ......................

fishing
fishing
fishing
fishing

year
year
year
year

.......................
.......................
.......................
.......................

Until expiration date shown on permit.
Indefinite ...........................................
Indefinite ...........................................
Until expiration date shown on permit.

For more information, see . . .

Paragraph (l) of this section

Paragraph (l) of this section

Paragraph (l) of this section
Paragraph (l) of this section

Paragraph (f) of this section

§ 300.10 of this title

Paragraph (k) of this section
Paragraph (g) of this section
§ 679.6
§ 600.745(a) of this chapter

§ 300.67 of this title.
§ 300.67 of this title.
§ 300.67 of this title.
§ 300.65 of this title.

10 Years ...........................................

Paragraph (q) of this section.

Until expiration date shown on permit.

Paragraph (q) of this section

(2) Permit and logbook required by participant and fishery. For the various

types of permits issued, refer to § 679.5

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Fishery Conservation and Management
for recordkeeping and reporting requirements. For subsistence and GAF
permits, refer to § 300.65 of this title for
recordkeeping and reporting requirements.
(3) Permit application—(i) Obtain and
submit an application. 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) Deficient application. 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) Separate permit. 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.
(iv) The information requested on the
application must be typed or printed
legibly.
(v) All permits are issued free of
charge.
(4) [Reserved]
(5) Alteration. No person may alter,
erase, mutilate, or forge any permit or
document issued under this section.
Any such permit or document that is
intentionally altered, erased, mutilated, or forged 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

§ 679.4
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. (i) The Regional
Administrator will recognize the voluntary surrender of a permit issued in
this section, if a permit may be surrendered and if it is submitted by the person named on the permit, owner of
record, or authorized representative.
(ii) Submit the original permit, except for an FFP or an FPP, to NMFS,
P.O. Box 21668, Juneau, AK 99802. For
surrender of an FFP and FPP, respectively, refer to paragraphs (b)(3)(ii) and
(f)(3)(ii) of this section.
(iii) Objective written evidence is
considered proof of a timely application. The responsibility remains with
the sender to prove when the application to amend or to surrender a permit
was received by NMFS (i.e., by certified
mail or other method that provides
written evidence that NMFS Alaska
Region received it).
(iv) For applications delivered by
hand delivery or carrier only, the receiving date of signature by NMFS
staff is the date the application was received. If the application is submitted
by fax or mail, the receiving date of
the application is the date stamped received by NMFS.
(b) Federal fisheries permit (FFP)—(1)
Requirements. (i) No vessel of the
United States may be used to retain
groundfish in the GOA or BSAI or engage in any fishery in the GOA or BSAI
that requires retention of groundfish,
unless the owner or authorized representative first obtains an FFP for
the vessel, issued under this part. An
FFP is issued without charge. Only
persons who are U.S. citizens are authorized to receive or hold an FFP.
(ii) Each vessel within the GOA or
BSAI that retains groundfish must
have a legible copy of a valid FFP on
board at all times.
(2) Vessel operations categories. An
FFP authorizes a vessel owner or authorized representative to deploy a vessel to conduct operations in the GOA
or BSAI under the following categories:
Catcher
vessel,
catcher/processor,

553

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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.
(3) Duration—(i) Length of permit effectiveness. NMFS issues FFPs on a threeyear cycle and an FFP is in effect from
the effective date through the expiration date, as indicated on the FFP, unless the FFP 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—(A) An FFP
may be voluntarily surrendered in accordance with paragraph (a)(9) of this
section. Except as provided under paragraphs (b)(3)(ii)(B) and (C) of this section, if surrendered, an FFP may be reissued in the same fishing year in
which it was surrendered.
(B) For the BSAI, NMFS will not reissue a surrendered FFP to the owner
or authorized representative of a vessel
named on an FFP that has been issued
with endorsements for catcher/processor or catcher vessel operation type;
trawl, pot, and/or hook-and-line gear
type; and the BSAI area, until after the
expiration date of the surrendered FFP
as initially issued.
(C) For the GOA, NMFS will not reissue a surrendered FFP to the owner
or authorized representative of a vessel
named on an FFP that has been issued
a GOA area endorsement and any combination of endorsements for catcher/
processor operation type, catcher vessel operation type, trawl gear type,
hook-and-line gear type, pot gear type,
and/or jig gear type, until after the expiration date of the surrendered FFP.
(D) An owner or authorized representative, who applied for and received an FFP, must notify NMFS of
the intention to surrender the FFP by
submitting an FFP application found
at the NMFS Web site at http://
www.alaskafisheries.noaa.gov and indicating on the application that surrender of the permit is requested. Upon
receipt and processing of an FFP surrender application, NMFS will withdraw the FFP from active status in the
FFP data bases.

(iii) Amended permit—(A) An owner or
authorized representative 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 Web site at
http://alaskafisheries.noaa.gov.
The
owner or authorized representative
must submit the application form as
instructed on the form. Except as provided under paragraphs (b)(3)(iii)(B)
and (C) of this section, upon receipt
and approval of an application form for
permit amendment, NMFS will issue
an amended FFP.
(B) In the BSAI, NMFS will not approve an application to amend an FFP
to remove a catcher/processor or catcher vessel operation type endorsement,
trawl gear type endorsement, pot gear
type endorsement, hook-and-line gear
type endorsement, or BSAI area endorsement from an FFP that has been
issued with endorsements for catcher/
processor or catcher vessel operation
type, trawl, pot, or hook-and-line gear
type, and the BSAI area.
(C) In the GOA, NMFS will not approve an application to amend an FFP
to remove endorsements for catcher/
processor operation type, catcher vessel operation type, trawl gear type,
hook-and-line gear type, pot gear type,
or jig gear type, and the GOA area.
(D) If the application for an amended
FFP required under this section designates a change or addition of a vessel
operations category or any other endorsement, a legible copy of the valid,
amended FFP must be on board the
vessel before the new or modified type
of operation begins.
(E) Selections for species endorsements will remain valid until an FFP
is amended to remove those endorsements or the FFP with these endorsements is surrendered or revoked.
(4) Submittal of application. NMFS will
process a request for an FFP provided
that the application form contains the
information specified on the form, with
all required fields accurately completed and all required documentation
attached. This application form must
be submitted to NMFS using the methods described on the form. The vessel
owner must sign and date the application form certifying that all information is true, correct, and complete. If

554

Fishery Conservation and Management
the owner is not an individual, the authorized representative must sign and
date the application form. An application form for an FFP will be provided
by NMFS or is available from NMFS
Alaska Region Web site at http://
alaskafisheries.noaa.gov. The acceptable
submittal methods will be described on
the application form.
(5) Issuance. (i) Except as provided in
subpart D of 15 CFR part 904, upon receipt of a properly completed permit
application, the Regional Administrator will issue an FFP required by
this paragraph (b).
(ii) The Regional Administrator will
send an FFP with the appropriate
logbooks to the owner or authorized
representative, as provided under
§ 679.5.
(iii) NMFS will reissue an FFP to the
owner or authorized representative
who holds an FFP issued for a vessel if
that vessel is subject to sideboard provisions as described under § 679.82(d)
through (f).
(iv) NMFS will reissue an FFP to the
owner or authorized representative
who holds an FFP issued to an Amendment 80 vessel.
(6) Transfer. An FFP issued under
this paragraph (b) is not transferable
or assignable and is valid only for the
vessel for which it is issued.
(7) Inspection. A legible copy of a
valid FFP issued under this paragraph
(b) must be carried on board the vessel
at all times operations are conducted
under this type of permit and 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

§ 679.4
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.
(iv) An RFQ permit account identifies the amount of RFQ authorized for
use by charter vessel anglers in Area
2C or Area 3A. The number of pounds of
RFQ allocated to the RFQ permit account will be added to the annual guided sport catch limit under the catch
sharing plan (described at 50 CFR
300.65(c)) for the appropriate IFQ regulatory area, Area 2C or Area 3A.
(2) IFQ hired master permit. (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

555

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

used to harvest IFQ halibut or IFQ sablefish with that IFQ hired master permit during the IFQ fishing trip and at
the landing site during all IFQ landings.
(iii) Each IFQ hired master permit
issued by the Regional Administrator
will display an IFQ permit number and
the name of the individual authorized
by the IFQ permit holder to land IFQ
halibut or IFQ sablefish for debit
against the IFQ permit holder’s IFQ. In
addition, IFQ hired master permits will
also display the ADF&G vessel identification number of the authorized vessel.
(iv) An IFQ hired master permit may
be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An IFQ hired master permit may
be reissued to the permit holder of
record in the same fishing year in
which it was surrendered.
(3) Registered Buyer permit. (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 an annual cycle defined as
March 1 through the end of February of
the next calendar year, to persons that
have a Registered Buyer application
approved by the Regional Administrator.
(iv) For the Registered Buyer application to be considered complete, all

fees due to NMFS under § 679.55 at the
time of application must be paid.
(v) A Registered Buyer permit is in
effect from the first day of March in
the year for which it is issued or from
the date of issuance, whichever is later,
through the end of the current annual
cycle, unless it is revoked, suspended,
surrendered in accordance with paragraph (a)(9) of this section, or modified
under § 600.735 or § 600.740 of this chapter.
(vi) A Registered Buyer permit may
be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A Registered Buyer permit may
be reissued to the permit holder of
record in the same fishing year in
which it was surrendered.
(4) Issuance. 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

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Fishery Conservation and Management
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
Registered Buyer must comply with
the requirements of this paragraph (e)
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 a halibut CDQ permit on
any fishing vessel operated by, or for, a
CDQ group that will have halibut CDQ
on board and must make the permit
available for inspection by an authorized officer. A 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. A 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.
(3) An individual must have on board
the vessel a legible copy of his or her
halibut CDQ hired master permit
issued by the Regional Administrator
while harvesting and landing any CDQ
halibut. Each halibut CDQ hired master permit will identify a CDQ permit
number and the individual authorized
by the CDQ group to land halibut for
debit against the CDQ group’s halibut
CDQ. A halibut CDQ hired master permit may be voluntarily surrendered in
accordance with paragraph (a)(9) of
this section. A halibut CDQ hired master permit may be reissued to the permit holder of record in the same fishing year in which it was surrendered.
(4) Alteration. 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

§ 679.4
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, SFP, or CQE floating processor defined at § 679.2 may receive, process, purchase, or arrange to
purchase unprocessed groundfish harvested in the GOA or BSAI, unless the
owner or authorized representative
first obtains an FPP issued under this
part. A processor may not be operated
in a category other than as specified on
the FPP. An FPP is issued without
charge.
(2) FPP application. To obtain, amend,
renew, or surrender an FPP, the owner
or authorized representative must complete an FPP application form per the
instructions
at
http://
alaskafisheries.noaa.gov.
(i) Fees. For the FPP application to
be considered complete, all fees due to
NMFS from the owner or authorized
representative of a shoreside processor
or SFP or person named on a Registered Buyer permit subject to the observer fee as specified at § 679.55(c) at
the time of application must be paid.
(ii) Signature. The owner or authorized representative of the shoreside
processor, SFP, or CQE floating processor must sign and date the application form, certifying that all information is true, correct, and complete to
the best of his/her knowledge and belief. If the application form is completed by an authorized representative,
proof of authorization must accompany
the application form.
(3) 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.

557

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

(ii) Surrendered permit. (A) 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.
(B) An owner or authorized representative, who applied for and received an FPP, must notify NMFS of
the intention to surrender the FPP by
submitting an FPP application form
found at the NMFS Web site at http://
alaskafisheries.noaa.gov and indicating
on the application form that surrender
of the FPP is requested. Upon receipt
and processing of an FPP surrender application form, NMFS will withdraw
the FPP from active status in permit
data bases.
(iii) Amended permit—(A) Requirement.
An owner or authorized representative,
who applied for and received an FPP,
must notify NMFS of any change in
the permit information by submitting
an FPP application form found at the
NMFS
Web
site
at
http://
alaskafisheries.noaa.gov. The owner or
authorized representative must submit
the application form as instructed on
the form. Upon receipt and approval of
an FPP amendment application form,
NMFS will issue an amended FPP.
(B) GOA Inshore Processing endorsement. A GOA inshore processing endorsement is required in order to process GOA inshore pollock and Eastern
GOA inshore Pacific cod. If an SFP
owner or authorized representative
holds an FPP with a GOA Inshore Processing endorsement, the SFP is prohibited from processing GOA pollock and
GOA Pacific cod in more than one single geographic location during a fishing year and is also prohibited from operating as a catcher/processor in the
BSAI. Once issued, a GOA Inshore
Processing endorsement cannot be surrendered for the duration of a fishing
year.
(C) CQE Floating Processor endorsement. If a vessel owner or authorized
representative holds an FPP with a
GOA Inshore Processing endorsement
in order to process Pacific cod within
the marine municipal boundaries of
CQE communities in the Western or
Central GOA, the vessel must not meet
the definition of an SFP and must not

have harvested groundfish off Alaska
in the same calendar year.
(D) Vessels are prohibited from holding both a GOA CQE Floating Processor endorsement and a GOA SFP endorsement during the same calendar
year.
(4) Transfer. An FPP issued under
this paragraph (f) is not transferable or
assignable and is valid only for the
processor for which it is issued.
(5) Inspection. A legible copy of a
valid FPP issued under this paragraph
(f) must be on site at the shoreside
processor, SFP, or CQE floating processor at all times and 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.
(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.

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Fishery Conservation and Management
(3) Scallop license conditions and endorsements. A scallop license authorizes
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 qualifica-

§ 679.4
tion 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

559

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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
(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.
(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

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Fishery Conservation and Management
form may be requested from the Regional Administrator.
(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

§ 679.4
will not violate any of the provisions of
this section.
(h) [Reserved]
(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, the
MLOA specified on the license, and any
exemption from 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:
(A) Aleutian Islands Area C. opilio.
(B) Norton Sound red king and Norton Sound blue king in waters of the
EEZ with a western boundary of 168° W.
long., a southern boundary of 62° N.
lat., and a northern boundary of 65°36′
N. lat.;
(C) Minor Species endorsement for
Bering Sea golden king crab (Lithodes
aequispinus).
(2) Exempt vessels. 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;

561

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

(ii) A catcher vessel or catcher/processor vessel that does not exceed 32 ft
(9.8 m) LOA may conduct directed fishing for license limitation groundfish in
the BSAI without a groundfish license
and may conduct directed fishing for
crab species in the Bering Sea and
Aleutian Islands Area without a crab
species license;
(iii) A vessel may use a maximum of
five jig machines, one line per jig machine, and a maximum of 30 hooks per
line, to conduct directed fishing for license limitation groundfish in the GOA
without a groundfish license;
(iv) A catcher vessel or catcher/processor vessel that does not exceed 60 ft
(18.3 m) LOA may use a maximum of 5
jig machines, one line per jig machine,
and a maximum of 15 hooks per line, to
conduct directed fishing for license
limitation groundfish in the BSAI
without a groundfish license;
(v) A catcher vessel or catcher/processor vessel that does not exceed 125 ft
(38.1 m) LOA, and during the period
after November 18, 1992, through October 9, 1998, was specifically constructed
for and used exclusively in accordance
with a CDP approved by NMFS, and is
designed and equipped to meet specific
needs that are described in the CDP, is
exempted from the requirement to
have a LLP groundfish license to conduct directed fishing for license limitation groundfish in the GOA and in the
BSAI area and a crab species license to
fish for crab species in the Bering Sea
and Aleutian Islands Area; or
(vi) The operator of a catcher vessel
that is greater than 32 ft (9.8 m) LOA,
that does not exceed 46 ft (14.0 m) LOA,
and that is registered by a CDQ group
following the procedures described in
§ 679.5(m) may use hook-and-line gear
to conduct groundfish CDQ fishing
without a groundfish license.
(3) Vessel and gear designations and
vessel
length
categories—(i)
Vessel
MLOA—(A) General. A license may be
used only on a vessel designated 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, unless the license specifies that the vessel
is exempt from the MLOA 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.
(C) Modification of the MLOA on an
Amendment 80 LLP license or an Amendment 80 LLP/QS license. The MLOA designated on an Amendment 80 LLP license or an Amendment 80 LLP/QS license will be 295 ft. (89.9 m) if an
Amendment 80 replacement vessel is
designated on the license following the
approval of a license transfer request
under paragraph (k)(7) of this section.

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Fishery Conservation and Management
(D) Modification of the MLOA on a
groundfish LLP license listed in column A
of Table 9 to this part. (1) Each groundfish LLP license endorsed to catch and
process Pacific cod with hook-and-line
gear in the BS or AI, or both, and designated in column B of Table 9 to this
part will receive a 220-foot (67 m)
MLOA following February 6, 2014.
(2) Each groundfish LLP license endorsed to catch and process Pacific cod
with hook-and-line gear in the BS or
AI, or both, and designated in column
C of Table 9 to this part is eligible to
be assigned a 220-foot (67 m) MLOA if
the LLP holder submits a timely written request to remove all pot gear Pacific cod endorsements on that LLP
following the process established under
paragraph (k)(6)(xi) of this section.
(E) Exemption from MLOA on an LLP
license with a Bering Sea area endorsement or an Aleutian Islands area endorsement for AFA rebuilt or AFA replacement
vessels. An AFA rebuilt vessel or an
AFA replacement vessel may exceed
the MLOA on an LLP groundfish license with a Bering Sea area endorsement or an Aleutian Islands area endorsement when the vessel is conducting directed fishing for groundfish
in the BSAI pursuant to that LLP
groundfish license and when the exemption is specified on the LLP license.
(ii) Vessel designations—(A) Catcher/
processor vessel. A license will be assigned a catcher/processor vessel designation if:
(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

§ 679.4
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
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

563

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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.

565

§ 679.4
A groundfish
license will be
assigned...

50 CFR Ch. VI (10–1–23 Edition)
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

566

Fishery Conservation and Management
(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

567

§ 679.4

50 CFR Ch. VI (10–1–23 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.

568

Fishery Conservation and Management
(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.

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.

(D) An Aleutian Islands
brown king area/species endorsement

569

§ 679.4

50 CFR Ch. VI (10–1–23 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

570

Fishery Conservation and Management
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

571

§ 679.4

50 CFR Ch. VI (10–1–23 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

572

Fishery Conservation and Management
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.
(xi) Surrender and extinguishment of a
groundfish LLP endorsement. Endorsements specified on a groundfish LLP license are not severable from a license
and cannot be surrendered except that
pot gear Pacific cod endorsements
specified on groundfish LLP licenses
listed in Column C of Table 9 to this
part, can be permanently surrendered,
removed, and extinguished if:
(A) The holder of the groundfish LLP
license listed in Column C of Table 9 to
this part requests, in writing, that
NMFS permanently remove and extinguish all pot gear Pacific cod endorsements specified on that LLP license
and acknowledges in that written request that the surrender and removal
are permanent and irreversible and
that all pot gear Pacific cod endorsements on that LLP license are extinguished;
(B) The holder of the groundfish LLP
license listed in Column C of Table 9 to
this part requests, in writing, that
NMFS assign a 220-foot (67 m) MLOA
on that LLP license;
(C) The holder of the eligible LLP license, or the authorized agent, signs
the request;
(D) NMFS receives the written request to permanently remove and extinguish all pot gear Pacific cod endorsements specified on the LLP
groundfish license by February 6, 2017;
and
(E) The written request is submitted
to NMFS using one of the following
methods:
(1) Mail: Regional Administrator, c/o
Restricted Access Management Program, NMFS, P.O. Box 21668, Juneau,
AK 99802–1668;
(2) Fax: 907–586–7354; or
(3) Hand delivery or carrier: NMFS,
Room 713, 709 West 9th Street, Juneau,
AK 99801.
(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

573

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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 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 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 Is-

land 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) 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.
(B) A request to change the vessel
designated on an Amendment 80 LLP
license or an Amendment 80 LLP/QS license must be made on an Application
for Amendment 80 Replacement Vessel
in accordance with § 679.4(o)(4)(ii). The
MLOA modification specified at paragraph (k)(3)(i)(C) of this section will be
effective when a complete application
is submitted to NMFS in accordance
with paragraph (k)(7) of this section,
and the application is approved by the
Regional Administrator.
(viii) Severability of licenses. (A) Area
endorsements or area/species endorsements specified on a license are not
severable from the license and must be

574

Fishery Conservation and Management
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
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

§ 679.4
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
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)

575

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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
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.

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.

To receive a
Pacific cod
endorsement that
authorizes
harvest with . . .
Hook-and-line gear.

Pot gear.

Hook-and-line gear.

Pot gear.

(B) Discards will not count toward
eligibility amounts in the table at
paragraph (k)(9)(ii) of this section.

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Fishery Conservation and Management
(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
(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.

§ 679.4
(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:
(i) Unavoidable;
(ii) Unique to the license holder, or
unique to the vessel that was used as

577

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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.
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.

If a license holder’s
license has a * * *

(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:

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.

578

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.

hook-and-line gear
in the Central Gulf
of Alaska.

the Central Gulf of
Alaska.
the Western Gulf
of Alaska.
the Western Gulf
of Alaska.

the Western Gulf
of Alaska.

Fishery Conservation and Management
And that
license
has an
MLOA
of * * *

And the
license holder
harvested
Pacific cod
with * * *

(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 * * *

§ 679.4

Then the license holder
must demonstrate that
he or she * * *

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 endorsement with a catcher/processor and a
hook-and-line gear designation in the
regulatory areas specified to those
groundfish licenses listed in Table 49 to
part 679;
(D) If a groundfish license meets the
criteria
described
in
paragraph
(k)(3)(i)(B)(2) 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
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.

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 Western Gulf
of Alaska.
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.

(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

579

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50 CFR Ch. VI (10–1–23 Edition)

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).
(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 21 to part 679 that is eligible for Pacific cod endorsed nontrawl groundfish licenses, may apply to
receive the maximum number of
groundfish licenses listed in Table 21 to
part 679 on behalf of the eligible communities listed in Table 21 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 Administer. A CQE may not
apply for, and may not receive more
than the maximum number of groundfish licenses designated in the regulatory area specified for a community
as listed in Table 21 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;
(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 21 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 21 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

580

Fishery Conservation and Management
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 submitted to
the Regional Administrator.
(E) The CQE must attest in the annual CQE authorization letter, or any
subsequent amendment to that authorization letter, that the person(s) using
a groundfish license issued to a CQE:
(1) 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 21 to part
679.

§ 679.4
(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
in Table 21 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 21 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 21 to part
679. In cases where the total number of
groundfish licenses issued on behalf of
a community listed in Table 21 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) An annual report on the use of
Pacific cod endorsed non-trawl groundfish licenses shall be submitted by the
CQE as required at § 679.5(t).
(vii)
Additional
endorsements
for
groundfish license holders eligible to participate in the Western and/or Central
GOA Pacific cod fisheries—(A) Requirements. A license limitation groundfish
license holder can elect to permanently
add a catcher vessel endorsement for
Pacific cod for the same gears and
areas for which the license is currently
endorsed, for the Western and/or Central GOA if the license holder—
(1) Is operating under the authority
of a groundfish license endorsed for Pacific cod in Western and Central GOA,
as described at paragraphs (k)(4)(vi) or
(k)(10)(ii) of this section;
(2) Is endorsed to participate as a
catcher/processor in the Western and/or
Central GOA Pacific cod fishery; and,
(3) Made a minimum of one Pacific
cod landing while operating as a catcher vessel under the authority of the
catcher/processor license in Federal reporting areas 610, 620, or 630, from January 1, 2002, through December 31, 2008.

581

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

(4) Or, is the holder of a license limitation groundfish license endorsed for
trawl gear Western and/or Central GOA
and made a minimum of one Pacific
cod landing while operating as a catcher vessel under the authority of the
catcher/processor license in Federal reporting areas 610, 620, or 630, from January 1, 2002 through December 31, 2008.
(B) Additional Central GOA and/or
Western GOA catcher vessel endorsement.
Any holder of an LLP license that has
a catcher vessel endorsement for the
Western and/or Central GOA under
paragraph (k)(10)(vii) of this section—
(1) Will have all directed catch of Pacific cod harvested under the authority
of that groundfish license accrue
against the respective GOA regulatory
area catcher vessel allocations; and
(2) Will have all incidental catch of
Pacific cod in the Western GOA or Central GOA Federal reporting areas 610,
620, or 630, harvested under the authority of that groundfish license accrue
against the respective GOA regulatory
area catcher vessel allocations.
(C) Eligible license holders not electing
to add catcher vessel endorsement(s). Any
holder of an LLP license that does not
have a catcher vessel endorsement for
the Western and/or Central GOA under
(k)(10)(vii) of this section may participate in the Western GOA or Central
GOA directed Pacific cod fishery as a
catcher/processor or a catcher vessel;
however, direct and incidental catch of
Pacific cod in the Western GOA and
Central GOA will accrue against the respective catcher/processor allocation.
(D) Multiple or stacked LLP licenses.
For a vessel that does not meet the requirements at paragraph (k)(10)(vii) of
this section but does have multiple,
stacked, LLP licenses and one of those
stacked licenses is endorsed as a catcher/processor eligible to harvest Pacific
cod in the Western GOA or Central
GOA Federal reporting areas 610, 620, or
630, all catch will accrue against the
catcher/processor sector allocation for
that gear type.
(E) Catch history. NMFS will assign
legal landings to each groundfish license for an area based only on information contained in the official record
as described in paragraph (k)(10)(viii)
of this section.

(viii) Catcher/processor participation in
the Western GOA and Central GOA official record. (A) The official record will
contain all information used by the Regional Administrator to determine the
following:
(1) The number and amount of legal
landings made under the authority of
that license by gear type, and operational mode;
(2) All other relevant information
necessary to administer the requirements
described
in
paragraphs
(k)(10)(vii)(A)(1)
through
(k)(10)(vii)(A)(3) of this section.
(B) The official record is presumed to
be correct. A groundfish license holder
has the burden to prove otherwise.
(C) For the purposes of creating the
official record, the Regional Administrator will presume if more than one
person is claiming the same legal landing, that each groundfish license for
which the legal landing is being
claimed will be credited with the legal
landing;
(D) Only legal landings as defined in
§ 679.2 and documented on State of
Alaska Fish Tickets or NMFS weekly
production reports will be used to assign legal landings to a groundfish license.
(E) The Regional Administrator will
specify by letter a 30-day evidentiary
period during which an applicant may
provide additional information or evidence to amend or challenge the information in the official record. A person
will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30day evidentiary period specified in the
letter has expired will not be considered for purposes of the initial administrative determination.
(F) The Regional Administrator will
prepare and send an IAD to the applicant following the expiration of the 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

582

Fishery Conservation and Management
applicant of his or her 30-day evidentiary period. The IAD will indicate
the deficiencies with the information,
or the evidence submitted in support of
the information. The IAD will also indicate which claims cannot be approved based on the available information or evidence. A person who receives
an IAD may appeal pursuant to § 679.43.
A person who avails himself or herself
of the opportunity to appeal an IAD
that is accepted by the National Appeals Office will receive a non-transferable license pending the final resolution of that appeal, notwithstanding
the eligibility of that applicant for
some claims based on consistent information in the official record.
(11) Restrictions on licenses earned on
AFA catcher vessels and listed AFA
catcher/processors. No person may use
an LLP license that was derived in
whole or in part from the qualifying
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
assigned to his or her groundfish LLP
license to conduct directed fishing for
rockfish primary species and rockfish
secondary species 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.
(14) Yellowfin sole trawl limited access
sector (TLAS) directed fishery endorsement in the BSAI—(i) General. In addition to other requirements of this part,
and unless specifically exempted in
paragraph (k)(2) of this section, a vessel must be designated on a groundfish
LLP license that has a BSAI TLAS yellowfin sole directed fishery endorse-

§ 679.4
ment in order to conduct directed fishing for yellowfin sole with trawl gear
in the BSAI Trawl Limited Access Sector fishery and deliver the catch to a
mothership. A vessel designated on a
groundfish LLP license with trawl and
catcher/processor vessel designations
and a BSAI TLAS yellowfin sole directed fishery endorsement may operate as a catcher vessel and deliver its
catch of yellowfin sole harvested in the
directed BSAI TLAS fishery to a
mothership, or operate as a catcher/
processor and catch and process its
own catch in this fishery.
(ii) Eligibility requirements for a BSAI
TLAS yellowfin sole directed fishery endorsement. (A) A groundfish LLP license is eligible to receive a BSAI
TLAS yellowfin sole directed fishery
endorsement if the groundfish LLP license:
(1) Had a vessel designated on it, in
any year from 2008 through 2015, that
made at least one legal trip target
landing of yellowfin sole in the BSAI
TLAS directed fishery to a mothership
in any one year from 2008 through 2015,
inclusive, where a trip target is the
groundfish species for which the retained amount of that groundfish species is greater than the retained
amount of any other groundfish species
for that trip;
(2) Has a Bering Sea area endorsement and a trawl gear designation; and
(3) Is credited by NMFS with a legal
trip target landing specified in paragraph (k)(14)(ii)(A)(1) of this section.
(B) If a vessel specified in paragraph
(k)(14)(ii)(A)(1) of this section was designated on more than one groundfish
LLP license from 2008 through 2015 and
made at least one legal trip target
landing in a BSAI TLAS directed fishery from 2008 through 2015, the vessel
owner must specify to NMFS only one
of those groundfish LLP licenses to receive credit with the legal trip target
landing(s)
specified
in
paragraph
(k)(14)(ii)(A)(1) of this section.
(iii) Explanations for BSAI TLAS yellowfin sole directed fishery endorsement.
(A) NMFS will determine whether a
groundfish LLP license is eligible to
receive a BSAI TLAS yellowfin sole directed fishery endorsement under paragraph (k)(14)(ii) of this section based
only on information contained in the

583

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

official record described in paragraph
(k)(14)(v) of this section.
(B) NMFS will credit a groundfish
LLP license with a legal trip target
landing
specified
in
paragraph
(k)(14)(ii)(A)(1) of this section if that
groundfish LLP license was the only
groundfish LLP license on which the
vessel was designated from 2008
through 2015. If a vessel that made at
least one legal trip target landing specified in paragraph (k)(14)(ii)(A)(1) of
this section was designated on more
than one groundfish LLP license from
2008 through 2015 and made at least one
legal trip target landing in a BSAI
TLAS directed fishery from 2008
through 2015, the vessel owner must notify NMFS which one of those groundfish LLP licenses NMFS is to credit
with the legal trip target landing(s)
specified in paragraph (k)(14)(ii)(A)(1)
of this section.
(C) Trip target landings will be determined based on round weight equivalents.
(iv) Exemptions to BSAI TLAS yellowfin sole endorsements. Any vessel exempted from the License Limitation
Program at paragraph (k)(2) of this section is exempted from the requirement
to have a BSAI TLAS yellowfin sole
endorsement to deliver catch of BSAI
TLAS yellowfin sole to a mothership
for processing.
(v) BSAI TLAS yellowfin sole participation official record. (A) The official
record will contain all information
used by the Regional Administrator
that is necessary to administer the requirements described in paragraph
(k)(14) of this section.
(B) The official record is presumed to
be correct. A groundfish LLP license
holder has the burden to prove otherwise.
(C) Only legal landings as defined in
§ 679.2 and documented on State of
Alaska fish tickets or NMFS weekly
production reports will be used to determine legal trip target landings
under paragraph (k)(14)(ii)(A)(1) of this
section.
(vi) Process for issuing BSAI TLAS yellowfin sole endorsements. (A) NMFS will
issue to the holder of each groundfish
LLP license endorsed to use trawl gear
in the Bering Sea and designated in
Column A of Table 52 to this part a no-

tice of eligibility to receive a BSAI
TLAS yellowfin sole directed fishery
endorsement and a revised groundfish
LLP license with a BSAI TLAS yellowfin sole directed fishery endorsement.
(B) NMFS will issue to the holder of
each groundfish LLP license endorsed
to use trawl gear in the Bering Sea and
designated in Column A of Table 53 to
this part a notice of eligibility to be
credited with a legal trip target landing specified in (k)(14)(ii)(A)(1) of this
section.
(1) NMFS will also issue to the owner
of the vessel designated on the groundfish LLP licenses in Column A of Table
53 a notice of eligibility for the two
listed groundfish LLP licenses to be
credited with a legal trip target landing specified in (k)(14)(ii)(A)(1) of this
section. The notice to the vessel owner
will provide instructions for the vessel
owner to select the one groundfish LLP
license that NMFS is to credit with the
legal trip target landing specified in
(k)(14)(ii)(A)(1) of this section.
(2) The holder of a groundfish LLP license in Column A of Table 53 will receive a revised groundfish LLP license
with a BSAI TLAS yellowfin sole directed fishery endorsement if:
(i) The owner of the vessel designated
on the groundfish LLP license requests
in writing that NMFS credit that
groundfish LLP license with the legal
trip target landing specified in paragraph (k)(14)(ii)(A)(1) of this section;
(ii) The vessel owner, or the authorized agent, signs the request;
(iii) The written request is submitted
to NMFS using one of the following
methods: Mail at Regional Administrator, c/o Restricted Access Management Program, NMFS, P.O. Box 21668,
Juneau, AK 99802–1668; fax at 907–586–
7352; or hand delivery or carrier at
NMFS, Room 713, 709 West 9th Street,
Juneau, AK 99801; and
(iv) NMFS receives the written request and credits the groundfish LLP
license with the legal trip target landing
specified
in
paragraph
(k)(14)(ii)(A)(1) of this section.
(3) The holder of a groundfish LLP license in Column A of Table 53 that is
not selected by the vessel owner will
receive a notice, using the address on
record at the time the notification is

584

Fishery Conservation and Management
sent, informing the holder that the
groundfish LLP license was not selected by the vessel owner, will not be
credited with a legal trip target landing, and will not receive a BSAI TLAS
yellowfin sole endorsement. The notice
will inform the holder of the groundfish LLP license of the timing and
process through which the holder can
provide additional information or evidence to amend or challenge the information in the official record of this
section as specified in paragraphs
(k)(14)(vi)(D) and (E) of this section.
(C) NMFS will issue to the holder of
a groundfish LLP license with a Bering
Sea trawl designation and that is not
listed in either Table 52 or 53 a notice
informing that holder that the groundfish LLP license is not eligible to be
credited with a legal trip target landing or receive a BSAI TLAS yellowfin
sole directed fishery endorsement
based on the official record, using the
address on record at the time the notification is sent. The notice will inform
the holder of the groundfish LLP license of the timing and process
through which the holder can provide
additional information or evidence to
amend or challenge the information in
the official record of this section, as
specified in paragraphs (k)(14)(vi)(D)
and (E) of this section.
(D) The Regional Administrator will
specify by letter a 30-day evidentiary
period during which an applicant may
provide additional information or evidence to amend or challenge the information in the official record. A person
will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30day evidentiary period specified in the
letter has expired will not be considered for purposes of the initial administrative determination (IAD).
(E) The Regional Administrator will
prepare and send an IAD to the applicant following the expiration of the 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

§ 679.4
specified in the letter that notifies the
applicant of his or her 30-day evidentiary period. The IAD will indicate
the deficiencies with the information
or evidence submitted. The IAD will
also indicate which claims cannot be
approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to
15 CFR part 906. NMFS will issue a nontransferable interim license that is effective until final agency action on the
IAD to an applicant who avails himself
or herself of the opportunity to appeal
an IAD and who has a credible claim to
eligibility for a BSAI TLAS yellowfin
sole endorsement.
(15) BSAI Pacific cod trawl mothership
endorsement—(i) General. In addition to
other requirements of this part, a
catcher/processor must be designated
on a groundfish LLP license that has a
BSAI Pacific cod trawl mothership endorsement in order to receive and process Pacific cod harvested and delivered
by a catcher vessel directed fishing in
the BSAI non-CDQ Pacific cod trawl
catcher vessel fishery as specified in
§ 679.20(a)(7)(ii)(A). A catcher/processor
designated on a groundfish LLP license
with Bering Sea or Aleutian Islands
area, catcher/processor operation, and
BSAI Pacific cod trawl mothership endorsements
may
operate
as
a
mothership, as defined at § 679.2, to receive and process Pacific cod harvested
by a catcher vessel directed fishing in
the BSAI non-CDQ Pacific cod trawl
catcher vessel fishery as specified in
§ 679.20(a)(7)(ii)(A).
(ii) Eligibility requirements for a BSAI
Pacific cod trawl mothership endorsement.
A groundfish LLP license is eligible to
receive a BSAI Pacific cod trawl
mothership endorsement if the groundfish LLP license:
(A) Has Bering Sea or Aleutian Islands area and catcher/processor operation endorsements;
(B) Had a catcher/processor designated on it that received and processed at least one legal mothership trip
target of Pacific cod delivered from a
catcher vessel directed fishing in the
BSAI non-CDQ Pacific cod trawl catcher vessel fishery as specified in
§ 679.20(a)(7)(ii)(A) in each of the three
years of the qualifying period of 2015
through 2017, inclusive, where a

585

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

mothership trip target is, in the aggregate, the groundfish species that is delivered by a catcher vessel to a given
catcher/processor
acting
as
a
mothership in an amount greater than
the retained amount of any other
groundfish species delivered by the
same catcher vessel to the same catcher/processor for a given week; and
(C) Is credited by NMFS with receiving a legal mothership trip target specified in paragraph (k)(15)(ii)(B) of this
section.
(iii) Explanations for BSAI Pacific cod
trawl mothership endorsement. (A) NMFS
will determine whether a groundfish
LLP license is eligible to receive a
BSAI Pacific cod trawl mothership endorsement under paragraph (k)(15)(ii)
of this section based only on information contained in the official record described in paragraph (k)(15)(iv) of this
section.
(B) NMFS will credit a groundfish
LLP license with receipt of a legal
mothership trip target specified in
paragraph (k)(15)(ii)(B) of this section
if that groundfish LLP license was the
only groundfish LLP license on which
the catcher/processor that received and
processed legal mothership trip targets
was designated from 2015 through 2017.
(C) Mothership trip targets will be
determined based on round weight
equivalents.
(iv) Official record of participation in
the BSAI non-CDQ Pacific cod trawl
catcher vessel fishery. (A) The official
record will contain all information
used by the Regional Administrator
that is necessary to administer the requirements described in paragraph
(k)(15) of this section.
(B) The official record is presumed to
be correct. A groundfish LLP license
holder has the burden to prove otherwise.
(C) Only legal landings as defined in
§ 679.2 and documented on NMFS production reports will be used to determine legal mothership trip targets
under paragraph (k)(15)(ii)(B) of this
section.
(v) Process for issuing BSAI Pacific cod
trawl mothership endorsements. (A)
NMFS will issue to the holder of each
groundfish LLP license with Bering
Sea or Aleutian Islands area and catcher/processor operation endorsements,

and specified in Column A of Table 57
of this part, a notice of eligibility to
receive a BSAI Pacific cod trawl
mothership endorsement and a revised
groundfish LLP license with a BSAI
Pacific cod trawl mothership endorsement.
(B) NMFS will issue to the holder of
a groundfish LLP license with Bering
Sea or Aleutian Islands area and catcher/processor operation endorsements,
and that is not listed in Table 57 of this
part, a notice informing that holder
that the groundfish LLP license is not
eligible to be credited with at least one
legal mothership trip target of Pacific
cod in the BSAI non-CDQ Pacific cod
trawl catcher vessel fishery for each
year during the qualifying period or receive a BSAI Pacific cod trawl
mothership endorsement based on the
official record, using the address on
record at the time the notice is sent.
The notice specified in this paragraph
(k)(15)(v)(B) will inform the holder of
the groundfish LLP license of the timing and process through which the
holder can provide additional information or evidence to amend or challenge
the information in the official record
of this section, as specified in paragraphs (k)(15)(v)(C) and (D) of this section.
(C) The Regional Administrator will
specify by notice a 30-day evidentiary
period during which an applicant may
provide additional information or evidence to amend or challenge the information in the official record. A person
will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30day evidentiary period specified in the
letter has expired will not be considered for purposes of the initial administrative determination (IAD).
(D) The Regional Administrator will
prepare and send an IAD to the applicant following the expiration of the 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

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Fishery Conservation and Management
applicant of his or her 30-day evidentiary period. The IAD will indicate
the deficiencies with the information
or evidence submitted. The IAD will
also indicate which claims cannot be
approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to
15 CFR part 906. NMFS will issue a nontransferable interim license that is effective until final agency action on the
IAD to an applicant who avails himself
or herself of the opportunity to appeal
an IAD and who has a credible claim to
eligibility for a BSAI Pacific cod trawl
mothership endorsement.
(16) PCTC Program. In addition to
other requirements of this part, an
LLP license holder must have PCTC
Program QS assigned to their groundfish LLP license to join a PCTC Program cooperative to harvest Pacific
cod.
(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.
(B) Duration of final AFA permits. (1)
Except as provided in paragraphs
(l)(1)(ii)(B)(2),
(l)(1)(ii)(B)(3),

§ 679.4
(l)(5)(v)(B)(3), and (l)(6)(iii) of this section, AFA vessel and processor permits
issued under this paragraph (l) are
valid indefinitely unless the permit is
suspended or revoked.
(2) An AFA vessel permit is revoked
when the vessel designated on the permit is replaced or removed under paragraph (l)(7) of this section.
(3) In the event of a total loss or constructive loss of an AFA vessel,
(i) The AFA vessel permit that designates the lost AFA vessel will be
valid from the date of the vessel loss up
to 5 years from December 31 of the year
in which the vessel was lost and will be
suspended after that date, unless the
AFA vessel permit for the lost vessel
was revoked before that date because
the lost vessel was replaced or removed
under paragraph (l)(7) of this section.
For example, if a vessel sinks on February 15, 2016, the AFA permit on the
vessel will be valid until December 31,
2021, unless the owner of the vessel replaces or removes the vessel before December 31, 2021; after December 31, 2021,
the AFA permit on the lost vessel will
be suspended until the AFA vessel
owner replaces or removes the lost vessel;
(ii) The owner of the lost AFA vessel
must notify NMFS in writing of the
vessel loss within 120 days of the date
of the total loss or constructive loss of
the vessel;
(iii) For purposes of paragraph
(l)(1)(ii)(B)(3) of this section, an AFA
lost vessel is a vessel that has been
subject to a total loss or a constructive
loss; a total loss means that the vessel
is physically lost such as from sinking
or a fire; a constructive loss means
that the vessel suffered damage so that
the cost of repairing the vessel exceeded the value of the vessel; the date of
the total loss of a vessel is the date on
which the physical loss occurred; the
date of the constructive loss of a vessel
is the date on which the damage to the
vessel occurred.
(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

587

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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) AFA replacement vessels. (A)
NMFS will issue a listed AFA catcher/
processor permit to the owner of a
catcher/processor that is a replacement
vessel for a vessel that was designated
on a listed AFA catcher/processor permit.
(B) NMFS will issue an unlisted AFA
catcher/processor permit to the owner
of a catcher/processor that is a replacement vessel for a vessel that was designated on an unlisted AFA catcher/
processor permit.
(iv) Application for AFA catcher/processor permit. A 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):
AMERICAN CHALLENGER (USCG documentation number 633219);
FORUM STAR (USCG documentation number 925863);

588

Fishery Conservation and Management
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 paragraph
(l)(3)(i)(A)(1) of this section 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;
or
(3) Is an AFA replacement vessel for
a vessel that was designated on an AFA
catcher vessel permit with a catcher/
processor endorsement.
(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);

§ 679.4
(xv) PACIFIC FURY (USCG documentation number 561934);
(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 paragraph
(l)(3)(i)(B)(1) of this section 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
paragraph
(l)(3)(i)(A) of this section; or
(3) Is an AFA replacement vessel for
a vessel that was designated on an AFA
catcher
vessel
permit
with
a
mothership endorsement.
(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

589

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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;
or
(3) Is an AFA replacement vessel for
a vessel that was designated on an AFA
catcher vessel permit with an inshore
endorsement.
(ii) Application for AFA catcher vessel
permit. A completed application for an
AFA catcher vessel 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);
(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 exemp-

tion
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.
(3) AFA replacement vessel for a catcher
vessel that qualified for an exemption. A
catcher vessel that is a replacement
vessel for a vessel that was designated
on an AFA catcher vessel permit with
an exemption from a groundfish
sideboard directed fishing closure will
receive an AFA catcher vessel permit
with the same exemption as the replaced vessel.
(4) AFA mothership permits. (i) NMFS
will issue to an owner of a mothership
an AFA mothership permit if the
mothership:
(A) Is one of the following (as listed
in paragraphs 208(d)(1) through (3) of
the AFA):
EXCELLENCE (USCG documentation
number 967502);
GOLDEN ALASKA (USCG documentation number 651041); and
OCEAN PHOENIX (USCG documentation number 296779); or
(B) Is an AFA replacement vessel for
a vessel that was designated on an AFA
mothership permit.
(ii) Application for AFA mothership
permit. A 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

590

Fishery Conservation and Management
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.
(ii) Surrender of permit. An AFA
inshore processor permit may be voluntarily surrendered in accordance with
paragraph (a)(9) of this section. An
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.
(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

§ 679.4
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
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

591

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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
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 proc-

essing 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, except that a lost vessel that retains an AFA permit pursuant to paragraph (l)(1)(ii)(B)(3) of this
section need not be designated on a
Federal Fisheries Permit or an LLP license; 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 paragraph (l)(6)(ii)(C)(3) of
this section, a catcher vessel is a qualified catcher vessel if the catcher vessel
meets the permit and landing requirements in paragraphs (l)(6)(ii)(D)(1) and
(l)(6)(ii)(D)(2) of this section; the catcher vessel is an AFA replacement catcher vessel that meets the requirements
in paragraph (l)(6)(ii)(D)(3) of this section; or the catcher vessel is an AFA
lost catcher vessel that meets the requirements in paragraph (l)(6)(ii)(D)(4)
of this section.

592

Fishery Conservation and Management
(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
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).
(3) AFA replacement catcher vessels.
The vessel is an AFA replacement vessel for a catcher vessel that met the
permit and landing requirements in
paragraphs
(l)(6)(ii)(D)(1)
and
(l)(6)(ii)(D)(2) of this section;
(4) AFA lost catcher vessels. In the
event of a total loss or constructive
loss of an AFA catcher vessel with an
inshore endorsement, the owner of the
lost vessel has an AFA catcher vessel
permit with an inshore endorsement
for the lost vessel that is valid pursuant to paragraph (l)(1)(ii)(B)(3) of this

§ 679.4
section, and the inshore cooperative
shows:
(i) The vessel was lost during a year
when the vessel was designated on an
AFA inshore cooperative fishing permit issued to the cooperative submitting the application; or
(ii) The vessel was lost during a year
when the vessel was not designated on
any AFA inshore cooperative fishing
permit and when the vessel delivered
more pollock to the AFA inshore processor designated by the inshore cooperative under paragraph (l)(6)(ii)(B) of
this section than to any other processor; or
(iii) The vessel was lost during a year
when the vessel was not designated on
any AFA inshore cooperative fishing
permit and when the vessel had made
no deliveries of pollock and the owner
of the lost vessel has assigned the
catch history of the lost vessel to the
inshore cooperative that submits the
application.
(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

593

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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) AFA rebuilt vessels, AFA replacement vessels, and removal of inshore AFA
catcher vessels—(i) AFA rebuilt vessels.
(A) To improve vessel safety or to improve operational efficiency, including
fuel efficiency, the owner of an AFA
vessel may rebuild the vessel. If the
owner of an AFA vessel rebuilds the
vessel, the owner must notify NMFS
within 30 days of the issuance of the
vessel documentation for the AFA rebuilt vessel and must provide NMFS
with a copy of the vessel documentation for the rebuilt vessel. If the owner
of the AFA rebuilt vessel provides
NMFS with information demonstrating
that the AFA rebuilt vessel is documented with a fishery endorsement
issued under 46 U.S.C. 12113, NMFS will
acknowledge receipt of the notification
and inform the owner that the AFA
permit issued to the vessel before rebuilding is valid and can be used on the
AFA rebuilt vessel.
(B) Except as provided in paragraph
(l)(7)(i)(C) and paragraph (l)(7)(i)(D) of
this section, the owner of an AFA rebuilt vessel will be subject to the same
requirements that applied to the vessel
before rebuilding and will be eligible to
use the AFA rebuilt vessel in the same
manner as the vessel before rebuilding.
(C) An AFA rebuilt vessel is exempt
from the maximum length overall
(MLOA) restriction on an LLP groundfish license with a Bering Sea area endorsement or an Aleutian Islands area
endorsement when the AFA rebuilt
vessel is conducting directed fishing
for groundfish in the BSAI pursuant to
that LLP groundfish license and the
LLP groundfish license specifies the
exemption.
(D) If an AFA rebuilt catcher vessel
is equal to or greater than 125 ft (38.1
m) LOA, the AFA rebuilt catcher vessel will be subject to the catcher vessel
exclusive fishing seasons for pollock in
50 CFR 679.23(i) and will not be exempt

from 50 CFR 679.23(i) even if the vessel
before rebuilding was less than 125 ft
(38.1 m) LOA and was exempt from 50
CFR 679.23(i).
(ii) AFA replacement vessels. (A) To
improve vessel safety or to improve
operational efficiency, including fuel
efficiency, the owner of an AFA vessel
may replace the AFA vessel with a vessel that is documented with a fishery
endorsement issued under 46 U.S.C.
12113.
(B) Upon approval of an application
to replace an AFA vessel pursuant to
paragraph (l)(7) of this section and except
as
provided
in
paragraph
(l)(7)(ii)(C), paragraph (l)(7)(ii)(D), and
paragraph (l)(7)(E) of this section, the
owner of an AFA replacement vessel
will be subject to the same requirements that applied to the replaced vessel and will be eligible to use the AFA
replacement vessel in the same manner
as the replaced vessel. If the AFA replacement vessel is not already designated on an AFA permit, the Regional Administrator will issue an AFA
permit to the owner of the AFA replacement vessel. The AFA permit that
designated the replaced, or former,
AFA vessel will be revoked.
(C) An AFA replacement vessel is exempt from the maximum length overall (MLOA) restriction on an LLP
groundfish license with a Bering Sea
area endorsement or an Aleutian Islands area endorsement when the AFA
replacement vessel is conducting directed fishing for groundfish in the
BSAI pursuant to that LLP groundfish
license and the LLP groundfish license
specifies an exemption from the MLOA
restriction for the AFA replacement
vessel.
(D) If an AFA replacement catcher
vessel is equal to or greater than 125 ft
(38.1 m) LOA, the AFA replacement
catcher vessel will be subject to the
catcher vessel exclusive fishing seasons
for pollock in 50 CFR 679.23(i) and will
not be exempt from 50 CFR 679.23(i),
even if the replaced vessel was less
than 125 ft (38.1 m) LOA and was exempt from 50 CFR 679.23(i).
(E) An AFA replacement catcher vessel for an AFA catcher vessel will have
the same sideboard exemptions, if any,

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Fishery Conservation and Management
as the replaced AFA catcher vessel, except that if the AFA replacement vessel was already designated on an AFA
permit as exempt from sideboard limits, the AFA replacement vessel will
maintain its exemption even if the replaced vessel was not exempt from
sideboard limits.
(iii) Removal of AFA catcher vessel
from the directed pollock fishery. (A) The
owner of a catcher vessel that is designated on an AFA catcher vessel permit with an inshore endorsement may
remove the catcher vessel from the directed pollock fishery, subject to the
requirements in paragraphs (B), (C),
and (D) of this paragraph (l)(7)(iii).
(B) The owner of the removed catcher
vessel must direct NMFS to assign the
non-CDQ inshore pollock catch history
in the BSAI of the removed vessel to
one or more catcher vessels in the
inshore fishery cooperative to which
the removed vessel belonged at the
time of the application for removal.
(C) Except for the assignment of the
pollock catch history of the removed
catcher vessel in paragraph (l)(7)(iii)(B)
of this section, all claims relating to
the catch history of the removed catcher vessel in the Exclusive Economic
Zone off Alaska, including any claims
to an exemption from AFA sideboard
limitations, will be permanently extinguished upon NMFS’ approval of the
application to remove the catcher vessel and the AFA permit that was held
by the owner of the removed catcher
vessel will be revoked.
(D) The catcher vessel or vessels that
are assigned the catch history of the
removed catcher vessel cannot be removed from the fishery cooperative to
which the removed catcher vessel belonged for a period of one year from the
date that NMFS assigned the catch history of the removed catcher vessel to
that vessel or vessels.
(iv) Replaced vessels and removed vessels. An AFA vessel that is replaced or
removed under paragraph (l)(7) of this
section is permanently ineligible to receive any permit to participate in any
fishery in the Exclusive Economic
Zone off Alaska unless the replaced or
removed vessel reenters the directed
pollock fishery as a replacement vessel
under paragraph (l)(7) of this section.

§ 679.4
(v) Application. To notify NMFS that
the owner of an AFA vessel has rebuilt
the AFA vessel, the owner of the AFA
vessel must submit a complete application. To replace an AFA vessel with another vessel, NMFS must receive a
complete application from the owner of
the vessel that is being replaced. To remove an AFA catcher vessel from the
directed pollock fishery, NMFS must
receive a complete application from
the owner of the vessel that is to be removed. An application must contain
the information specified on the application form, with all required fields accurately completed and all required
documentation attached. The application must be submitted to NMFS using
the methods described on the application. The application referred to in this
paragraph is ‘‘American Fisheries Act
(AFA) Permit: Rebuilt, Replacement,
or Removed Vessel Application.’’
(8) Application evaluations and appeals—(i) Initial evaluation. The Regional Administrator will evaluate an
application submitted in accord with
paragraph (l) of this section. If the Regional Administrator determines that
the applicant meets the requirements
for NMFS to take the action requested
on the application, NMFS will approve
the application. If the Regional Administrator determines that the applicant
has submitted claims based on inconsistent information or fails to submit
the information specified in the application, the applicant will be provided a
single 30-day evidentiary period to submit evidence to establish that the applicant meets the requirements for
NMFS to take the requested action.
The burden is on the applicant to establish that the applicant meets the
criteria in the regulation for NMFS to
take the action requested by the applicant.
(ii) Additional information and evidence. The Regional Administrator will
evaluate the additional information or
evidence submitted by the applicant
within the 30-day evidentiary period. If
the Regional Administrator determines
that the additional information or evidence meets the applicant’s burden of
proof, the application will be approved.
However, if the Regional Administrator determines that the applicant
did not meet the applicant’s burden of

595

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

proof, the applicant will be notified by
an initial administrative determination (IAD) that the application is denied.
(iii) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to
the applicant following the expiration
of the 30-day evidentiary period if the
Regional Administrator determines
that the information or evidence provided by the applicant fails to support
the applicant’s claims and is insufficient to establish that the applicant
meets the requirements for an AFA
permit or for NMFS to approve the
withdrawal of a catcher vessel, 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 the applicant’s 30-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.
An applicant who receives an IAD may
appeal under the appeals procedures set
out at 15 CFR part 906.
(iv) 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.
(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

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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 evidence. A participant who receives an
IAD may appeal under the appeals procedures set out at § 679.43. A participant
who avails himself or herself of the opportunity to appeal an IAD will receive
an interim approval from NMFS authorizing participation in the AI directed pollock fishery. An interim approval based on claims contrary to the
final determination will expire upon
final agency determination.
(n) Rockfish Program—(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
in § 679.81(f) that is 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
rockfish primary species and rockfish
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 rockfish processor

§ 679.4
with whom that rockfish cooperative is
associated, if applicable.
(ii) A CQ permit is valid only until
the end of the calendar year for which
the CQ permit is issued;
(iii) A legible copy of the CQ permit
must be carried on board the vessel(s)
used by the rockfish cooperative.
(2) Rockfish cooperative termination of
fishing declaration. (i) A rockfish cooperative may choose to terminate its CQ
permit through a declaration submitted to NMFS.
(ii) This declaration may only be submitted to NMFS electronically. The
rockfish cooperative’s designated representative must log into the online
system and create a request for termination of fishing declaration as indicated on the computer screen. By using
the rockfish cooperative’s NMFS ID
and password, and submitting the termination of fishing declaration request, the designated representative
certifies that all information is true,
correct, and complete.
(o) Amendment 80 Program—(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), or its replacement under
§ 679.4(o)(4), unless the Amendment 80
QS permit is assigned to the holder of
an LLP license originally assigned to
an Amendment 80 vessel under the provisions of § 679.90(d) or § 679.90(e).
(iii) If an Amendment 80 QS permit is
assigned to the owner of an Amendment 80 vessel the Amendment 80 QS
permit will designate the Amendment
80 vessel to which that permit is assigned.
(iv) If an Amendment 80 QS permit is
assigned to the holder of an LLP license originally assigned to an Amendment 80 vessel under the provisions of
§ 679.90(d)(2)(ii) or § 679.90(e)(4), the
Amendment 80 QS permit will be permanently affixed to the LLP license
originally assigned to an Amendment
80 vessel which will be designated as an
Amendment 80 LLP/QS license.

597

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

(v) Amendment 80 QS units assigned
to an Amendment 80 QS permit are
non-severable from that Amendment 80
QS permit and if transferred, the
Amendment 80 QS permit must be
transferred in its entirety to another
person
under
the
provisions
of
§ 679.90(d) or § 679.90(e).
(vi) A person must hold an Amendment 80 LLP license to hold an Amendment 80 QS permit.
(vii) The owner of an Amendment 80
vessel must designate the Amendment
80 vessel on an Amendment 80 QS permit and on an Amendment 80 LLP license, or designate the Amendment 80
vessel on the Amendment 80 LLP/QS license to use that Amendment 80 vessel
in an Amendment 80 fishery.
(2) Amendment 80 Cooperative quota
(CQ) permit. (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).
(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.

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Fishery Conservation and Management
(4) Amendment 80 Replacement Vessel.
(i) The owner of an Amendment 80 vessel may replace such vessel for any
purpose. All Federal fishery regulations applicable to the replaced vessel
apply to the replacement vessel, except
as described at § 679.92(d)(2)(ii) if applicable. A vessel that replaces an Amendment 80 vessel will be approved by the
Regional Administrator as an Amendment 80 vessel following the submission and approval of a completed application for an Amendment 80 Replacement Vessel, provided that:
(A) The replacement vessel does not
exceed 295 ft. (89.9 m) LOA;
(B) The replacement vessel was built
in the United States and, if ever rebuilt, rebuilt in the United States;
(C) The applicant provides documentation that the replacement vessel
complies with U.S. Coast Guard safety
requirements applicable to processing
vessels operating in the Amendment 80
sector or, if unable to provide such documentation, the applicant provides
documentation that the replacement
vessel meets the requirements of the
U.S. Coast Guard’s Alternative Compliance and Safety Agreement; and
(D) The replacement vessel is not a
vessel listed at section 208(e)(1)
through (20) of the American Fisheries
Act or permitted under paragraph
(l)(2)(i) of this section; is not an AFA
replacement vessel designated on a
listed AFA catcher/processor permit
under paragraph (l)(2)of this section;
and is not an AFA catcher vessel permitted under paragraph (l)(3) of this
section.
(ii) Application for Amendment 80 Replacement Vessel. A person who wishes
to replace an Amendment 80 vessel
must submit to NMFS a complete Application for Amendment 80 Replacement Vessel. An application must contain the information specified on the
form, with all required fields accurately completed and all required documentation attached. This application
must be submitted to NMFS using the
methods described on the application.
(5) Application evaluations and appeals—(i) Initial evaluation. The Regional Administrator will evaluate an
application for an Amendment 80 replacement vessel submitted in accordance with paragraph (o)(4) of this sec-

§ 679.4
tion. If the vessel listed in the application does not meet the requirements
for an Amendment 80 replacement vessel at § 679.4(o)(4), NMFS will not approve the application. An applicant
who submits claims based on inconsistent information or fails to submit
the information specified in the application for an Amendment 80 replacement vessel will be provided a single
30-day evidentiary period to submit
evidence to establish that the vessel
meets the requirements to be an
Amendment 80 replacement vessel. The
burden is on the applicant to establish
that the vessel meets the criteria to
become a replacement vessel.
(ii) Additional information and evidence. The Regional Administrator will
evaluate the additional information or
evidence to support an application for
Amendment 80 replacement vessel submitted within the 30-day evidentiary
period. If the Regional Administrator
determines that the additional information or evidence meets the applicant’s burden of proving that the vessel
meets the requirements to become an
Amendment 80 Replacement Vessel,
the application will be approved. However, if the Regional Administrator determines that the vessel does not meet
the requirements to become an Amendment 80 Replacement Vessel, the applicant will be notified by an initial administrative determination (IAD) that
the application for replacement vessel
is denied.
(iii) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to
the applicant following the expiration
of the 30-day evidentiary period if the
Regional Administrator determines
that the information or evidence provided by the applicant fails to support
the applicant’s claims and is insufficient to establish that the vessel meets
the requirements for an Amendment 80
replacement vessel 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 in the application,
including any deficiencies with the information, the evidence submitted in

599

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

support of the information, or the revised application. An applicant who receives an IAD may appeal under the appeals procedures set out at § 679.43.
(p) Flatfish Exchange Application—(1)
Completed application. NMFS will process only completed Flatfish Exchange
Applications submitted by CDQ groups
or Amendment 80 cooperatives.
(2) Certification. The designated representative must log into the Alaska
Region Online application Web site and
complete an exchange application form
provided on the Web site. By using the
NMFS ID, password, and Transfer Key
and submitting the Flatfish Exchange
Application, the designated representative certifies that all information submitted is true, correct, and complete.
(3) Approval. A CDQ group or Amendment 80 cooperative must receive
NMFS’ approval of a Flatfish Exchange
Application prior to using the CDQ or
Amendment 80 CQ subject to the Flatfish Exchange. NMFS will approve the
Flatfish Exchange Application if:
(i) The CDQ group has sufficient CDQ
ABC reserves of flathead sole, rock
sole, or yellowfin sole;
(ii) The Amendment 80 cooperative
has sufficient Amendment 80 ABC reserves of flathead sole, rock sole, or
yellowfin sole;
(iii) The CDQ group receiving flathead sole, rock sole, or yellowfin sole
from its CDQ ABC reserve exchanges
an equal amount of unused CDQ of flathead sole, rock sole, or yellowfin sole,
other than the species received from its
CDQ ABC reserve;
(iv) The Amendment 80 cooperative
receiving flathead sole, rock sole, or
yellowfin sole from its Amendment 80
ABC reserve exchanges an equal
amount of unused Amendment 80 CQ of
flathead sole, rock sole, or yellowfin
sole, other than the species received
from its Amendment 80 ABC reserve;
(v) The CDQ group or Amendment 80
cooperative has not received at least
three approved Flatfish Exchanges during that calendar year, as described at
paragraph (p)(5) of this section;
(vi) Approval of the Flatfish Exchange Application will not cause flathead sole, rock sole, or yellowfin sole
to exceed an ABC or an ABC reserve for
that species; and

(vii) NMFS receives a completed
Flatfish Exchange Application from a
CDQ group or Amendment 80 cooperative during the calendar year for which
the Flatfish Exchange would be effective, and NMFS can approve that Flatfish Exchange Application before the
end of the calendar year in which the
Flatfish Exchange would be effective.
(4) Notification. (i) No exchange, adjustment, or apportionment of flathead
sole, rock sole, or yellowfin sole may
take effect until a notice of adjustment
or apportionment has been published in
the FEDERAL REGISTER with a statement of the findings on which the apportionment or adjustment is based.
(ii) Each NMFS approved Flatfish
Exchange is debited as one Flatfish Exchange. An approved Flatfish Exchange
is effective on the date of publication
of the notice of adjustment or apportionment in the FEDERAL REGISTER.
(5) CDQ ABC reserve and Amendment
80 ABC reserve exchange limitations.
Each CDQ group and each Amendment
80 cooperative is limited to no more
than three Flatfish Exchanges per calendar year.
(q) PCTC Program permits—(1) PCTC
Program cooperative quota permits. (i) A
CQ permit is issued annually to a PCTC
Program cooperative that submits a
complete and timely application for CQ
as described at § 679.131 that is approved by the Regional Administrator.
A CQ permit authorizes a PCTC Program cooperative to participate in the
PCTC Program. The CQ permit will indicate the amount of Pacific cod that
may be harvested by the PCTC Program cooperative, and the amount of
halibut PSC and crab PSC that may be
used by the PCTC Program cooperative. The CQ permit will list the members of the PCTC Program cooperative,
the trawl catcher vessels that are authorized to fish under the CQ permit
for that cooperative, and the PCTC
Program processor(s) with whom that
cooperative is associated.
(ii) A CQ permit is valid only until
the end of the BSAI Pacific cod B season for the year in which the CQ permit is issued;
(iii) A legible copy of a valid CQ permit must be carried on board the vessel(s) used by the PCTC Program cooperative.

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Fishery Conservation and Management
(2) PCTC Program quota share permits
for processors. (i) NMFS will issue PCTC
Program QS permits to eligible processors if the owner(s) submits to the
Regional Administrator a completed
application for PCTC Program QS as
described at § 679.130 that is subsequently approved.
(ii) A processor may associate the QS
assigned to the PCTC Program QS permit with a PCTC Program cooperative
as described at § 679.131.

§ 679.5
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
may be completed online, printed, and
mailed or faxed to NMFS at the address or fax number shown on the form.
The forms also may be completed online, saved as a file, and submitted to
NMFS as an attachment to an e-mail
to the e-mail address shown on the
form.
(ii) Current editions. The operator
must use the current edition of the
logbooks and current format of the
forms. Upon approval from the Regional Administrator NMFS-approved
electronic versions of the forms may be
used. Upon written notification and approval by the Regional Administrator,
logbooks from the previous year may
be used.
(iii) Management program defined. A
‘‘management program’’ is a unique
fishery program with a specific management strategy and/or allocation.
Harvest that occurred under the management programs listed in the following table must be recorded separately in the logbooks, forms, and
eLandings.

[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.govinfo.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
If harvest made under . . . program

Record the . . .

For more information,
see . . .

(A) Western Alaska Community Development Quota (CDQ)

CDQ number

subpart C of this part

(B) Exempted Fishery

Exempted fishery permit number

§ 679.6

(C) Research Fishery

Research fishery permit number

§ 600.745(a) of this chapter

(D) Aleutian Islands Pollock (AIP)

n/a

subpart F of this part

(E) Open access (OA)
(F) Rockfish Program
(G) PCTC Program

[for recording in eLandings only]
Cooperative number
Cooperative number

paragraph (e) of this section
subpart H to this part.
subpart L to this part.

(2) Responsibility. (i) The operator of a
catcher
vessel,
catcher/processor,
mothership, or tender vessel (hereafter
referred to as the operator) and the
manager of a shoreside processor, SFP,
or buying station (hereafter referred to
as the manager) are each responsible
for complying with the applicable R&R
requirements in this section and in
§ 679.28.
(ii) The owner of a vessel, shoreside
processor, SFP, buying station, or ten-

der vessel is responsible for compliance
and must ensure that the operator,
manager, or representative (see paragraph (b) of this section) complies with
the applicable R&R requirements in
this section and in § 679.28.
(iii) The IFQ permit holder, IFQ hired
master permit holder, or Registered
Buyer must comply with the R&R requirements provided at paragraphs (e),
(g), (k), and (l) of this section.

601

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(iv) The CDQ permit holder, CDQ
hired master permit holder, or Registered Buyer must comply with the
R&R requirements provided at paragraphs (e), (g), (k), and (l)(1) through (6)
of this section.
(3) Fish to be recorded and reported.
The operator or manager must record
and report the following information
(see paragraphs (a)(3)(i) through (iv) of
this section) for all groundfish (see
Table 2a to this part), prohibited species (see Table 2b to this part), forage
fish (see Table 2c to this part), grenadiers (see Table 2c to this part), squids
(see Table 2c to this part), and sculpins
(see Table 2c to this part). The operator or manager may record and report
the following information (see paragraphs (a)(3)(i) through (iv) of this section) for non-groundfish (see Table 2d
to this part):
(i) Harvest information;
(ii) Receipt information from catcher
vessels, buying stations, and tender
vessels including fish received from
vessels not required to have an FFP;
and fish received under contract for
handling or processing for another
processor;
(iii) Discard or disposition information, including fish reported but not
delivered to the operator or manager,
e.g., fish used onboard a vessel, when
receiving catch from a catcher vessel,
buying station, or tender vessel; and
(iv) Transfer information, including
fish transferred out of the facility or
off the vessel.
(4) Exemptions—(i) Catcher vessels less
than 60 ft (18.3 m) LOA. Except for vessels using pot gear as described in paragraph (c)(3)(i)(B)(1) of this section or
vessels participating in the PCTC Program as described in paragraph (x) of
this section, the owner and operator of
a catcher vessel less than 60 ft (18.3 m)
LOA are not required to comply with
the R&R requirements of this section,
but must comply with the vessel activity report described at paragraph (k) of
this section.
(ii) Catcher vessels that take groundfish
in crab pot gear for use as crab bait on
that vessel. (A) Owners or operators of
catcher vessels who, when crab is open
anywhere or in the same area as an
open crab season, take groundfish in
crab pot gear for use as crab bait on-

board their same vessels, and the bait
is neither transferred nor sold, are not
required to comply with R&R requirements of this section.
(B) This exemption does not apply to
fishermen who:
(1) Catch groundfish for bait during
an open crab season and sell that
groundfish or transfer it to another
vessel, or
(2) Participate in a directed fishery
for groundfish using any gear type during periods that are outside an open
crab season for use as crab bait onboard their vessel.
(C) No groundfish species listed by
NMFS as ‘‘prohibited’’ in a management or regulatory area may be taken
in that area for use as bait.
(5) Inspection and retention of records—
(i) Inspection of records. The operator or
manager must make available for inspection the R&R documentation in
this section and in § 679.28 upon the request of an authorized officer.
(ii) Retention of records. The operator
or manager must retain the R&R documentation described in this section and
in § 679.28:
(A) On site. Retain these records on
site at the shoreside processor or SFP,
or onboard the vessel until the end of
the fishing year during which the
records were made and for as long
thereafter as fish or fish products recorded in the R&R documentation are
retained.
(B) For 3 years. Retain these records
for 3 years after the end of the fishing
year during which the records were
made.
(6) Maintenance of records. The operator or manager must maintain all
records described in this section and in
§ 679.28 in English and in a legible,
timely, and accurate manner, based on
Alaska local time (A.l.t.); if handwritten, in indelible ink; if computergenerated, as a legible printed paper
copy.
(7) Custom processing. The manager of
a shoreside processor or SFP or the operator of a mothership must record
products that result from custom processing for another person in eLandings
consistently throughout a fishing year
using one of the following two methods:

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Fishery Conservation and Management
(i) Combined records. Record landings,
discards or dispositions, and products
of custom-processed groundfish routinely in eLandings using processor
name, FFP or FPP number, and
ADF&G processor code; or
(ii) Separate records. Record landings,
discards or dispositions, and products
of custom-processed groundfish in
eLandings identified by the name, FPP
number or FFP number, and ADF&G
processor code of the associated business entity.
(b) Representative. The operator of a
catcher vessel, mothership, catcher/
processor, or tender vessel or manager
of a shoreside processor, SFP, or buying station may identify one contact
person to complete the logbook and
forms and to respond to inquiries from
NMFS. Designation of a representative
under this paragraph (b) does not relieve the owner, operator, or manager
of responsibility for compliance under
paragraphs (a)(1) through (6) of this
section.
(c) Logbooks—(1) Requirements—(i) Use
of two or more vessel logbooks of same
gear type. If using more than one logbook of the same gear type in a fishing
year onboard a vessel, the operator
must ensure that the page numbers follow the consecutive order of the previous logbook.
(ii) Use of two or more vessel logbooks
of different gear types. If two or more
different gear types are used onboard a
vessel in a fishing year, the operator(s)

§ 679.5
of this vessel may use the same vessel
logbooks for different gear types, provided different gear types are recorded
on separate pages.
(iii) Two vessel logbooks for pair trawl.
If two vessels are dragging a trawl between them (pair trawl), the operator
of each vessel must maintain a separate logbook to record the amount of
the catch retained and fish discarded
by that vessel. Each of the two
logbooks must be separately paginated.
(iv) Two logbooks of different operation. If a vessel functions both as a
mothership and as a catcher/processor
in the same fishing year, the operator(s) must maintain two logbooks, a
separate logbook for each operation
type, each separately paginated.
(v) Alteration of logbook information.
(A) Except as described in paragraph
(c)(1)(v)(B) of this section, no person
may alter or change any entry or
record in a logbook.
(B) An inaccurate or incorrect entry
or record must be corrected by lining
out the original and inserting the correction, provided that the original
entry or record remains legible. All
corrections must be made in ink.
(vi) Logsheet distribution and submittal. (A) No person except an authorized officer may remove any original
white logsheet of any logbook.
(B) The operator must distribute and
submit logsheets as indicated in the
following table:

Logsheet Distribution and Submittal
If logsheet
color is ...

Logsheets found in these logbooks
Submit to ...
CV lgl/pot

CV trw

CP lgl/pot

CP trw

MS

(1) White

X

X

X

X

X

(2) Goldenrod

X

X

X

X

X

(3) Yellow

X

(4) Blue

X

Time limit

Must retain, permanently bound in logbook
Observer

After signature of operator
and prior to departure of observer from the vessel.

X

Must submit quarterly to:
NOAA Fisheries Office for Law Enforcement Alaska Region
Logbook Program,
P.O. Box 21767, Juneau, AK 99802–
1767 Telephone:
907–586–7225

On the following schedule:
1st quarter by May 1 of
that fishing year. 2nd
quarter by August 1 of
that fishing year. 3rd
quarter by November 1
of that fishing year. 4th
quarter by February 1 of
the following fishing year.

X

Mothership, shoreside
processor, SFP, buying
station, or tender vessel
that receives the harvest

Within 2 hours after completion of catch delivery

603

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)
Logsheet Distribution and Submittal

If logsheet
color is ...
(5) Green

Logsheets found in these logbooks
Submit to ...
CV lgl/pot

CV trw

X

CP lgl/pot

CP trw

Time limit

MS

X

Optional, but may be required by IPHC (see
§§ 300.60 through 300.65
of this chapter)

If required, after the vessel’s
catch is off-loaded

Note: CP = catcher/processor; CV = catcher vessel; pot = longline pot or pot-and-line; lgl = longline; trw = trawl; MS =
mothership.

(2) Recording active and inactive time
periods in the DFL or DCPL—(i) Account
for each day of the fishing year. The operator must account for each day of
the fishing year, January 1 through December 31, in the DFL or DCPL and indicate whether the vessel or processor
was active or inactive during the time
period.
(A) An active period by fishing category is defined in the following paragraphs under this section:
Paragraph

Fishing Category

(c)(3)(iv)(A)(1)

Catcher vessel, longline or pot gear

(c)(3)(iv)(B)(1)

Catcher/processor, longline or pot gear

(c)(4)(iv)(A)(1)

Catcher vessel, trawl gear

(c)(4)(iv)(B)(1)

Catcher/processor, trawl gear

(c)(5)(ii)

Shoreside processor or SFP

(c)(6)(iv)

Mothership

(B) An inactive period is defined as a
time period other than active.
(ii) Record January 1 on page 1. The
operator must record the first day of
the fishing year, January 1, on page
one of the DFL or DCPL regardless of
whether the vessel or processor was active or inactive. The operator must
record time periods consecutively.
(iii) Required information for inactive
periods. If inactive, the operator must
record the following information (see
paragraphs (c)(2)(iii)(A) through (F) of
this section) on one logsheet in the
DFL or DCPL:
(A) If a catcher vessel, record vessel
name, ADF&G vessel registration number, FFP number or Federal crab vessel
permit number, operator printed name,
operator signature, and page number.
(B) If a mothership or catcher/processor, record vessel name, ADF&G
processor code, FFP number, operator

printed name, operator signature, and
page number.
(C) Mark ‘‘inactive.’’
(D) Record the date (mm/dd) of the
first day when inactive under ‘‘Start
date.’’
(E) Write brief explanation why inactive, e.g., bad weather or equipment
failure. If inactive due to surrender of
a FFP or FPP, write ‘‘surrender of permit’’ as the reason for inactivity.
(F) Record the date (mm/dd) of the
last day when inactive under ‘‘End
date.’’
(iv) Inactive two or more quarters. If
the inactive time period extends across
two or more successive quarters, the
operator must complete a logsheet for
each inactive quarter. The first
logsheet must indicate the first and
last day of the first inactive quarter.
Successive logsheets must indicate the
first and last day of its respective inactive quarter.
(3) Longline and pot gear catcher vessel
DFL and catcher/processor DCPL—(i) Responsibility—(A) Groundfish fisheries. (1)
Except as described in paragraph
(f)(1)(i) of this section, the operator of
a catcher vessel 60 ft (18.3 m) or greater
LOA, that is required to have an FFP
under § 679.4(b) and that is using
longline or pot gear to harvest groundfish, must maintain a longline and pot
gear DFL and may use the same logbook for longline and pot gear, provided different gear types are recorded
on separate pages.
(2) Except as described in paragraph
(f)(1)(ii) of this section, the operator of
a catcher/processor that is required to
have an FFP under § 679.4(b) and that is
using longline or pot gear to harvest
groundfish must use a combination of
catcher/processor longline and pot gear
DCPL and eLandings to record and report daily processor identification information, catch-by-set information,

604

Fishery Conservation and Management
groundfish
production
data,
and
groundfish and prohibited species discard or disposition data.
(B) IFQ or CDQ halibut, or IFQ or CDQ
sablefish fisheries. (1) The operator of a
catcher vessel less than 60 ft (18.3 m)
LOA, using longline pot gear to harvest
IFQ sablefish or IFQ halibut in the
GOA, or using pot gear to harvest IFQ
or CDQ halibut or IFQ or CDQ sablefish
in the BSAI, must maintain a longline
and pot gear DFL according to paragraph (c)(3)(iv)(A)(2) of this section and
may use the same logbook for longline
and pot gear, provided different gear
types are recorded on separate pages.
(2) Except as described in paragraph
(f)(1)(i) of this section, the operator of
a catcher vessel 60 ft (18.3 m) or greater
LOA in the GOA must maintain a
longline and pot gear DFL according to
paragraph (c)(3)(iv)(A)(2) of this section, when using longline gear or
longline pot gear to harvest IFQ sablefish and when using gear composed of
lines with hooks attached, setline gear
(IPHC), or longline pot gear to harvest
IFQ halibut.
(3) Except as described in paragraph
(f)(1)(i) of this section, the operator of
a catcher vessel 60 ft (18.3 m) or greater
LOA in the BSAI must maintain a
longline and pot gear DFL according to
paragraph (c)(3)(iv)(A)(2) of this section, when using hook-and-line gear or
pot gear to harvest IFQ or CDQ sablefish, and when using pot gear or gear
composed of lines with hooks attached

§ 679.5
or setline gear (IPHC) to harvest IFQ
halibut or CDQ halibut.
(4) Except as described in paragraph
(f)(1)(ii) of this section, the operator of
a catcher/processor in the GOA must
use a combination of a catcher/processor longline and pot gear DCPL and
eLandings according to paragraph
(c)(3)(iv)(B)(2) of this section, when
using longline gear or longline pot gear
to harvest IFQ sablefish and when
using gear composed of lines with
hooks attached, setline gear (IPHC), or
longline pot gear to harvest IFQ halibut.
(5) Except as described in paragraph
(f)(1)(ii) of this section, the operator of
a catcher/processor in the BSAI must
use a combination of a catcher/processor longline and pot gear DCPL and
eLandings according to (c)(3)(iv)(B)(2)
of this section, when using hook-andline gear or pot gear to harvest IFQ sablefish, and when using gear composed
of lines with hooks attached or setline
gear (IPHC) to harvest IFQ halibut or
CDQ halibut.
(C) CR crab fisheries. The operator of
a catcher vessel 60 ft (18.3 m) or greater
LOA, using pot gear to harvest CR crab
from the BSAI must maintain a
longline and pot gear DFL.
(ii) Reporting time limits—(A) Catcher
vessel. The operator of a catcher vessel
using longline or pot gear must record
in the DFL the information from the
following table for each set within the
specified time limit:

REPORTING TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR
Required information

Time limit for recording

(1) FFP number and/or Federal crab vessel permit number (if
applicable), IFQ permit numbers (halibut, sablefish, and crab),
CDQ group number, halibut CDQ permit number, set number,
date and time gear set, date and time gear hauled, beginning
and end positions of set, number of skates or pots set, and
estimated total hail weight for each set

Within 2 hours after completion of gear retrieval.

(2) Discard and disposition information

By 2400 hours, A.l.t., each day to record the previous day’s
discard and disposition information.

(3) Submit the blue DFL to mothership, shoreside processor,
SFP, buying station, or tender vessel receiving catch

Within 2 hours after completion of catch delivery

(4) All other required information

Within 2 hours after the vessel’s catch is off-loaded, notwithstanding other time limits

(5) Operator sign the completed logsheets

Within 2 hours after completion of catch delivery

(6) Submit goldenrod logsheet to the observer

After signature of operator and prior to departure of observer from the vessel.

605

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(B) Catcher/processor. The operator of
a catcher/processor using longline or
pot gear must record in the DCPL or

submit via eLandings the information
from the following table for each set
within the specified time limit:

REPORTING TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR
Required information

Record
In DCPL

(1) FFP number and/or Federal crab vessel permit number (if applicable), IFQ permit numbers
(halibut, sablefish, and crab), CDQ group number,
halibut CDQ permit number, set number, date
and time gear set, date and time gear hauled, beginning and end positions of set, number of
skates or pots set, and estimated total hail weight
for each set

X

Submit via
eLandings

Time limit for reporting
Within 2 hours after completion of gear retrieval.

(2) Discard and disposition information

X

By 2400 hours, A.l.t., each day to record the
previous day’s discard and disposition information

(3) Product information

X

By 2400 hours, A.l.t., each day to record the
previous day’s production information

(4) All other required information

X

By 2400 hours, A.l.t., of the day following completion of production.

(5) Operator sign the completed logsheets

X

By 2400 hours, A.l.t., of the day following the
week-ending date of the weekly reporting period.

(6) Submit goldenrod logsheet to the observer

X

After signature of operator and prior to departure of observer from the vessel

(iii) Required information, if inactive.
See paragraph (c)(2) of this section.
(iv) Required information, if active—(A)
Catcher vessel, longline or pot gear. (1) A
catcher vessel using longline or pot
gear is active when gear remains on
the grounds in a reporting area (except
reporting areas 300, 400, 550, or 690), regardless of the vessel location.
(2) If a catcher vessel identified in
paragraph (c)(3)(i)(A)(1) or (c)(3)(i)(B)(1)
through (3) of this section is active, the
operator must record in the longline
and pot gear DFL, for one or more days
on each logsheet, the information listed in paragraphs (c)(3)(v), (vi), (viii),
and (x) of this section and may use the
same logbook for longline and pot gear,
provided different gear types are recorded on separate pages.
(3) Retain and record discard quantities
over the MRA. When a CV is fishing in
an IFQ fishery and the fishery for Pacific cod is closed to directed fishing
but not in PSC status in that reporting
area as described in § 679.20, the operator must retain and record up to and
including the maximum retainable
amount (MRA) for Pacific cod as defined in Tables 10 or 11 to this part.

Quantities over this amount must be
discarded and recorded as discard in
the logbook.
(B) Catcher/processor, longline or pot
gear. (1) A catcher/processor using
longline or pot gear is active when
processing or when all or part of the
longline or pot gear is in the water.
(2) If a catcher/processor identified in
paragraph (c)(3)(i)(A)(2) or (c)(3)(i)(B)(4)
through (5) of this section is active, the
operator must record in the catcher/
processor longline and pot gear DCPL
the information listed in paragraphs
(c)(3)(v) and (vi) of this section and
must record in eLandings the information listed in paragraphs (c)(3)(v), (vii),
and (ix) of this section.
(3) Retain and record discard quantities
over the MRA. When a catcher/processor
is fishing in an IFQ fishery and the
fishery for Pacific cod or rockfish is
closed to directed fishing but not in
PSC status in that reporting area as
described in § 679.20, the operator must
retain and record up to and including
the MRA for Pacific cod or rockfish as
defined in Table 10 or 11 to this part.
Quantities over this amount must be

606

Fishery Conservation and Management
discarded and recorded as discard in
eLandings.
(v) Identification information—(A) Page
number. Number the pages in each logbook consecutively, beginning on the
first page of the DFL or DCPL with
page 1 for January 1 and continuing for
the remainder of the fishing year.
(B) Printed name and signature of operator. The operator’s name must be
printed in the DFL or DCPL. The operator must sign each completed logsheet
of the DFL or DCPL as verification of
acceptance of the responsibility required in paragraph (a)(2) of this section
(C) Vessel identification. Name of vessel as displayed in official documentation; FFP number or Federal crab vessel permit number of the vessel; and
ADF&G vessel registration number if a
catcher vessel or ADF&G processor
code if a catcher/processor.
(D) Other permit numbers (if applicable). IFQ permit number of the operator, if any, and each permit number of
any IFQ permit on which anyone
aboard is authorized to fish; groundfish
CDQ number; and halibut CDQ permit
number.
(E) Reporting area—(1) Groundfish.
Record the Federal reporting area code

§ 679.5
(see Figures 1 and 3 to this part) where
gear retrieval was completed, regardless of where the majority of the set
took place. Use a separate logsheet for
each reporting area.
(2) IFQ halibut and CDQ halibut.
Record the IPHC regulatory area (see
Figure 15 to this part) where gear retrieval was completed, regardless of
where the majority of the set took
place.
(3) CR crab. Leave this field blank.
(F) Crew size. If a catcher vessel,
record the number of crew members
(including operator), excluding observer(s), on the last day of a trip. If a
catcher/processor, record the number of
crew members (including operator), excluding observer(s), on the last day of
the weekly reporting period.
(G) Gear type. Use a separate logsheet
for each gear type. Place a check mark
in the box for the gear type used to
harvest the fish or crab. Record the information from the following table for
the appropriate gear type on the
logsheet. If the gear type is the same
on subsequent logsheets, place a check
mark in the box instead of re-entering
the gear type information on the next
logsheet.

If gear type is . . .

Then . . .

(1) Other gear .............................................
(2) Pot gear (includes pot-and-line and
longline pot).

If gear is other than those listed within this table, indicate ‘‘Other’’ and describe.
(i) If using longline pot gear in the GOA, enter the length of longline pot set to the
nearest foot, the size of pot in inches (width by length by height or diameter),
and spacing of pots to the nearest foot.
(ii) If using longline pot gear in the GOA, enter the number of pots deployed in
each set (see paragraph (c)(3)(vi)(F) of this section) and the number of pots lost
when the set is retrieved (optional, but may be required by IPHC regulations,
see §§ 300.60 through 300.65 of this title).
(iii) If using pot gear, enter the number of pots deployed in each set (see paragraph (c)(3)(vi)(F) of this section) and the number of pots lost when the set is retrieved (optional, but may be required by IPHC regulations, see §§ 300.60
through 300.65 of this title).
Indicate: (i) Whether gear is fixed hook (conventional or tub), autoline, or snap (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65
of this title).
(ii) Number of hooks per skate (optional, but may be required by IPHC regulations,
see §§ 300.60 through 300.65 of this title), length of skate to the nearest foot
(optional, but may be required by IPHC regulations, see §§ 300.60 through
300.65 of this title), size of hooks, and hook spacing in feet.
(iii) Enter the number of skates set and number of skates lost (optional, but may be
required by IPHC regulations, see §§ 300.60 through 300.65 of this title).
(iv) Seabird avoidance gear code(s) (see § 679.24(e) and Table 19 to this part).
(v) Enter the number of mammals sighted while hauling gear next to the mammal
name: Sperm, orca, and other (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title).
(vi) Enter the number of sablefish, halibut, other fish, or hooks damaged found
while hauling gear (optional, but may be required by IPHC regulations, see
§§ 300.60 through 300.65 of this title).

(3) Hook-and-line gear ................................

607

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(H) Management program. Indicate
whether harvest occurred under a management
program
(see
paragraph
(a)(1)(iii) of this section). Use a separate logsheet for each management
program. If harvest is not under one of
the listed management programs, leave
blank.
(I) Observer information. Record the
number of observers aboard, the name
of the observer(s), and the observer
cruise number(s).
(vi) Catch-by-set information. The operator must record the following information (see paragraphs (c)(3)(vi)(A)
through (L) of this section) for each set
(see § 679.2) in the DFL or DCPL. If no
catch occurred for a given day, write
‘‘no catch.’’
(A) Set number. Sequentially by year.
(B) Gear deployment (or to set gear)—
(1) Hook-and-line gear begin position.
Record date (mm/dd), time (in military
format, A.l.t.), and the begin position
(in latitude and longitude to the nearest minute; indicate E or W for longitude) when the first hook-and-line
gear of a set enters the water.
(2) Jig or troll gear begin position.
Record date (mm/dd), time (in military
format, A.l.t.), and the begin position
(latitude and longitude to the nearest
minute; indicate E or W for longitude)
when the jig or troll gear enters the
water.
(3) Pot gear begin position. Record date
(mm/dd), time (in military format,
A.l.t.), and the begin position (latitude
and longitude to the nearest minute;
indicate E or W for longitude) when the
pot gear enters the water.
(C) Gear retrieval (or to haul gear)—(1)
Hook-and-line gear end position. Date
(mm/dd), time (in military format,
A.l.t.), and end position coordinates (in
latitude and longitude to the nearest
minute; indicate E or W for longitude),
where the last hook-and-line gear of a
set leaves the water, regardless of
where the majority of the set took
place.
(2) Jig or troll gear end position. Date
(mm/dd), time (in military format,
A.l.t.), and end position coordinates (in
latitude and longitude to the nearest
minute; indicate E or W for longitude)
where the jig or troll gear leaves the
water.

(3) Pot gear end position. Date (mm/
dd), time (in military format, A.l.t.),
and end position coordinates (in latitude and longitude to the nearest
minute; indicate E or W for longitude)
where the last pot of a set is retrieved,
regardless of where the majority of the
set took place.
(D) Begin and end buoy or bag numbers. (optional, but may be required by
IPHC regulations (see §§ 300.60 through
300.65 of this chapter)).
(E) Begin and end gear depths. Recorded to the nearest fathom (optional,
but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this
chapter)).
(F) Species codes. The operator must
record and report required information
for all groundfish (see Table 2a to this
part), prohibited species (see Table 2b
to this part), forage fish (see Table 2c
to this part), grenadiers (see Table 2c
to this part), squids (see Table 2c to
this part), and sculpins (see Table 2c to
this part). The operator may record
and report information for non-groundfish (see Table 2d to this part).
(G) Target species code. Enter the species code of the intended species to be
harvested. Enter only one target species code.
(H) Estimated total hail weight. Enter
the estimated hail weight, which is an
estimate of the total weight of the entire catch without regard to species.
Indicate whether weight is estimated
to the nearest pound or to the nearest
0.001 mt.
(I) IR/IU species (see § 679.27). If a
catcher/processor, enter species code of
IR/IU species and estimated total
round weight for each IR/IU species, if
applicable; indicate whether weight is
estimated to the nearest pound or the
nearest 0.001 mt. Use one line to record
information for each IR/IU species, including species code and amount of
catch. If more than one IR/IU species
are to be recorded, the operator must
use a separate line for each species.
(J) IFQ halibut and CDQ halibut. Estimated total net weight of IFQ halibut
and CDQ halibut to the nearest pound.
(K) IFQ sablefish. Number and estimated total round weight of IFQ sablefish to the nearest pound. Indicate
whether IFQ sablefish product is Western cut, Eastern cut, or round weight.

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Fishery Conservation and Management
(L) CR crab. If in a CR crab fishery,
record the number and scale weight of
raw CR crab to the nearest pound.
(vii) Product information, catcher/processor. The operator of a catcher/processor using longline or pot gear must
record groundfish product information
for
all
retained
groundfish
in
eLandings (see paragraph (e)(10) of this
section).
(viii) Discard or disposition information, catcher vessel. The operator must
record in a DFL the discard or disposition information that occurred prior to
and during delivery to a buying station, tender vessel, mothership, shoreside processor, or SFP. Discard or disposition information must include the
daily weight of groundfish, daily
weight of herring PSC, and daily number of PSC animals. If no discard or
disposition occurred for a given day,
the operator must write ‘‘no discards
or disposition.’’
(A) Enter discard or disposition information by species codes and product
codes as follows:
(1) Date (mm/dd) of discard or disposition (day that discard or disposition occurred).
(2) For whole fish discard or disposition of groundfish or Pacific herring
PSC, daily estimated total weight, balance forward weight from the previous
day, and cumulative total weight since
last delivery for each species; indicate
whether weight is estimated to the
nearest pound or nearest 0.001 mt.
(3) For whole fish discard or disposition of each prohibited species (Pacific
salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs)
record the daily estimated total number, balance forward from the previous
day, and cumulative total number
since the last delivery.
(4) Summarize the weekly cumulative discard and disposition totals of
groundfish weights and number of PSC
animals separately by reporting area,
management program, and gear type.
Determine the weekly cumulative
total by adding daily totals and the
balance carried forward from the day
before.
(B) The operator must record ‘‘0’’ or
zero balance forward and start a new
logsheet after the offload or transfer of
all fish or fish product onboard and

§ 679.5
prior to the beginning of each fishing
trip. Nothing shall be carried forward
from the previous fishing trip.
(ix) Discard or disposition information,
catcher/processor. The operator of a
catcher/processor using longline or pot
gear must record all discard or disposition information in eLandings (see
paragraph (e)(10) of this section).
(x) Catcher vessel delivery information.
The operator of a catcher vessel must
enter the following information (see
paragraphs (c)(3)(x)(A) through (D) of
this section) for delivery to a buying
station, tender vessel, mothership,
shoreside processor, or SFP:
(A) Date (mm/dd) that delivery of
harvest was completed.
(B) ADF&G fish ticket issued to operator by the recipient, Registered
Buyer, or RCR receiving the delivery.
(C) Name of recipient, Registered
Buyer, or RCR.
(D) For the unloading port, enter the
name of the port or port code (see Tables 14a and 14b to this part) of delivery
location.
(4) Trawl gear catcher vessel DFL and
catcher/processor DCPL—(i) Responsibility. (A) Except as described in paragraph (f)(1)(iii) of this section, the operator of a catcher vessel 60 ft (18.3 m)
or greater LOA, that is required to
have an FFP under § 679.4(b), and that
is using trawl gear to harvest groundfish must maintain a trawl gear DFL,
must complete one or more logsheets
per day. Upon notification by the Regional Administrator, a DFL from the
previous year may be used.
(B) Except as described in paragraph
(f)(1)(iv) or (vii) of this section, the operator of a catcher/processor that is required to have an FFP under § 679.4(b)
and that is using trawl gear to harvest
groundfish is required to use a combination of catcher/processor trawl
gear DCPL and eLandings to record
and report daily processor identification information, catch-by-haul landing information, groundfish production
data, and groundfish and prohibited
species discard or disposition data.
Under paragraph (f)(1)(vii) of this section, the operators of AFA catcher/
processors or any catcher/processor
harvesting pollock CDQ are required to
use an ELB and no longer report using
a DCPL.

609

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(ii) Reporting time limits—(A) Catcher
vessel. The operator of a catcher vessel
using trawl gear must record in the

DFL the information in the following
table for each haul within the specified
time limit:

REPORTING TIME LIMITS, CATCHER VESSEL TRAWL GEAR
Required information

Time limit for recording

(1) Haul number, time and date gear set, time and date gear
hauled, beginning and end positions, CDQ number (if applicable), total estimated hail weight for each haul

Within 2 hours after completion of gear retrieval, except
that catcher vessels harvesting pollock CDQ in the BS and
delivering unsorted codends to a mothership must record
CDQ number within 2 hours after completion of weighing all
catch in the haul on the mothership

(2) Discard and disposition information

By 2400 hours, A.l.t., each day to record the previous day’s
discard and disposition information.

(3) Submit blue DFL to mothership, shoreside processor, SFP,
buying station, or tender vessel receiving the catch

Within 2 hours after completion of catch delivery

(4) Record all other required information

Within 2 hours after the vessel’s catch is off-loaded, notwithstanding other time limits

(5) Operator sign the completed logsheets

Within 2 hours after completion of catch delivery

(6) Submit the goldenrod logsheet to the observer

After signature of operator and prior to departure of observer from the vessel.

(B) Catcher/processor. The operator of
a catcher/processor using trawl gear
must record in the DCPL or submit via

eLandings the information in the following table for each haul within the
specified time limit:

REPORTING TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR
Required information

Record
In DCPL

Submit via
eLandings

(1) Management program, except CDQ Program,
haul number, time and date gear set, time and
date gear hauled, begin and end positions of
gear, and, if not required to weigh catch on a
scale approved by NMFS, total estimated hail
weight for each haul

X

Within 2 hours after completion of gear retrieval.

(2) CDQ number (if applicable) and, if required to
weigh catch on a scale approved by NMFS, the
scale weight of total catch for each haul

X

Within 2 hours after completion of weighing all
catch in the haul.

Time limit for recording

(3) Discard and disposition information

X

By 2400 hours, A.l.t., each day to record the
previous day’s discard and disposition information.

(4) Product information

X

By 2400 hours, A.l.t., each day to record the
previous day’s production information

(5) All other required information

X

By 2400 hours, A.l.t., of the day following completion of production to record all other required
information.

(6) Operator sign the completed logsheets

X

By 2400 hours, A.l.t., of the day following the
week-ending date of the weekly reporting period

(7) Submit the goldenrod logsheet to the observer

X

After signature of operator and prior to departure of observer from the vessel.

(iii) Required information, if inactive.
See paragraph (c)(2) of this section.
(iv) Required information, if active—(A)
Catcher vessel. (1) A catcher vessel

using trawl gear is active when all or
part of the trawl net is in the water.
(2) If the catcher vessel identified in
paragraph (c)(4)(i)(A) of this section is
active, the operator must record for

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Fishery Conservation and Management
one day per logsheet in the DFL, the
information described in paragraphs
(c)(4)(v), (vi), (viii), and (x) of this section.
(B) Catcher/processor. (1) A catcher/
processor using trawl gear is active
when processing groundfish or when all
or part of the trawl net is in the water.
(2) If the catcher/processor identified
in paragraph (c)(4)(i)(B) of this section
is active, the operator must record for
one day per logsheet in the DCPL, the
information described in paragraphs
(c)(4)(v) and (vi) of this section and
submit in eLandings the information
described in paragraphs (c)(4)(v), (vii),
and (ix) of this section.
(v) Identification information. If active, the operator must record the following information (see paragraphs
(c)(4)(v)(A) through (J) of this section):
(A) Date. Enter date of each day (mm/
dd/yyyy). This date is also the date of
gear deployment.
(B) Page number. Number the pages in
each logbook consecutively, beginning
on the first page of the DFL or DCPL
with page 1 for January 1 and continuing for the remainder of the fishing
year.
(C) Printed name and signature of operator. The operator’s name must be
printed in the DFL or DCPL. The operator must sign each completed logsheet
of the DFL or DCPL as verification of
acceptance of the responsibility required in paragraph (a)(2) of this section. The operator’s signature is due by
2400 hours A.l.t. of the day following
the week-ending date of the weekly reporting period.
(D) Vessel identification. Name of vessel as displayed in official documentation; FFP number of the vessel;
ADF&G vessel registration number if a
catcher vessel; and ADF&G processor
code if a catcher/processor.
(E) Federal reporting area. Record the
Federal reporting area code where gear
retrieval was completed, regardless of
where the majority of the set took
place. Use a separate logsheet for each
reporting area.
(F) COBLZ or RKCSA. If gear retrieval occurred in the COBLZ (see Figure 13 to this part) or RKCSA (see Figure 11 to this part) area within a reporting
area,
use
two
separate
logsheets, the first to record the infor-

§ 679.5
mation from the reporting area that
includes COBLZ or RKCSA, and the
second to record the information from
the reporting area that does not include COBLZ or RKCSA.
(G) Crew size. If a catcher vessel,
record the number of crew members
(including operator), excluding observer(s), on the last day of a trip. If a
catcher/processor, record the number of
crew members (including operator), excluding observer(s), on the last day of
the weekly reporting period.
(H) Gear type. Use a separate logsheet
for each gear type. Indicate whether
pelagic trawl or non-pelagic trawl gear
was used to harvest the fish.
(I) Management program. Indicate
whether harvest occurred under one of
the management programs (see paragraph (a)(1)(iii) of this section). Use a
separate logsheet for each management
program. If harvest is not under one of
the listed management programs, leave
blank.
(J) Observer information. Record the
number of observers aboard, the name
of the observer(s), and the observer
cruise number(s).
(vi) Catch-by-haul information. The
operator must record the following information (see paragraphs (c)(4)(vi)(A)
through (I) of this section) for each
haul (see § 679.2). If no catch occurred
for a given day, write ‘‘no catch.’’
(A) Haul number. Number hauls sequentially by year.
(B) Gear deployment (or to set gear).
Record the following information (see
paragraphs (c)(4)(vi)(B)(1) and (2) of
this section) for trawl gear deployment:
(1) The time (in military format,
A.l.t.) when the trawl net enters the
water, and
(2) The position (latitude and longitude to the nearest minute; indicate
E or W for longitude) where the trawl
net enters the water.
(C) Gear retrieval (or to haul gear).
Record the following information (see
paragraphs (c)(4)(vi)(C)(1) and (2) of
this section) for trawl gear retrieval:
(1) The date (mm/dd) and time (in
military format, A.l.t.) when retrieval
of trawl gear cable begins.
(2) The position (in latitude and longitude to the nearest minute; indicate

611

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

E or W for longitude) where retrieval of
trawl gear cable begins.
(D) Average sea depth and average gear
depth. Average sea depth and average
gear depth; indicate whether average is
reported to the nearest meter or fathom.
(E) Species codes. The operator must
record and report required information
for all groundfish (see Table 2a to this
part), prohibited species (see Table 2b
to this part), forage fish (see Table 2c
to this part), grenadiers (see Table 2c
to this part), squids (see Table 2c to
this part), and sculpins (see Table 2c to
this part). The operator may record
and report information for non-groundfish (see Table 2d to this part).
(F) Target species code. Enter the species code of the species to be harvested.
Enter only one target species code.
(G) IR/IU species (see § 679.27). If a
catcher/processor, enter species code of
IR/IU species and estimated total
round weight for each IR/IU species, if
applicable; indicate whether estimated
weight is to the nearest pound or the
nearest 0.001 mt. Use one line to record
information for each IR/IU species, including species code and amount of
catch. If more than one IR/IU species
are to be recorded, the operator must
use a separate line for each species.
(H) Total estimated hail weight. (1) If a
catcher vessel or catcher/processor
using trawl gear and not using NMFSapproved scales, the operator must
record the hail weight of each haul;
total hail weight is an estimate of the
total weight of the entire catch without regard to species. Indicate whether
estimated weight is to the nearest
pound or to the nearest 0.001 mt.
(2) If a catcher/processor using trawl
gear is required to use a NMFS-approved scale, the operator must record
the scale weight of each haul without
regard to species. Indicate whether
weight is to the nearest pound or to the
nearest 0.001 mt.
(I) Movement to Avoid Salmon. If a
catcher vessel is directed fishing for
pollock in the Bering Sea, indicate
with a check mark (X) whether, prior
to the haul, the operator moved fishing
location primarily to avoid Chinook
salmon bycatch.
(vii) Product information, catcher/processor. The operator of a catcher/proc-

essor using trawl gear must record all
product information for all retained
groundfish in eLandings (see paragraph
(e)(10) of this section).
(viii) Discard or disposition information, catcher vessel. The operator must
record in a DFL (see paragraphs
(c)(4)(viii)(A) through (E) of this section) the discard or disposition that occurred prior to and during delivery to a
buying
station,
tender
vessel,
mothership, shoreside processor, or
SFP. If no discards or disposition occurred on a given day, write ‘‘no discards or disposition.’’
(A) Species code and product code.
Record the species code and product
code for all discards and disposition of
groundfish and PSC Pacific herring,
Pacific salmon, steelhead trout, Pacific
halibut, king crabs, and Tanner crabs.
(B) Discard and disposition weight.
Record the daily estimated total round
weight of groundfish or Pacific herring
PSC discards and disposition, balance
forward weight from the previous day,
and cumulative total weight since last
delivery, calculated by adding the
daily totals and balance carried forward from the day before; indicate
whether estimated weight is to the
nearest pound or nearest 0.001 mt.
(C) PSC discard numbers. Record the
daily number of PSC discards and disposition, balance forward from the previous day, and cumulative total number since last delivery of PSC animals
(Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner
crabs).
(D) Discard and disposition cumulative
total. Summarize cumulative discard
and disposition totals of groundfish
and PSC animals separately by reporting area, if harvest occurred in the
COBLZ or RKCSA, management program, and gear type.
(E) Discard zero balance forward. After
the offload or transfer of all fish or fish
product onboard and prior to the beginning of each fishing trip, the operator
must record the balance forward from
the previous day as ‘‘zero’’ and start a
new logsheet. At the beginning of each
fishing trip, nothing shall be carried
forward from the previous fishing trip.
(ix) Discard or disposition information,
catcher/processor. The operator of a
catcher/processor using trawl gear

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Fishery Conservation and Management
must record discard or disposition information in eLandings (see paragraph
(e)(10) of this section).
(x) Catcher vessel delivery information.
The operator must enter the following
delivery information (see paragraphs
(c)(4)(x)(A) through (C) of this section)
for groundfish delivered to a buying
station, tender vessel, mothership,
shoreside processor, or SFP:
(A) Date (mm/dd) that delivery of
harvest was completed,
(B) ADF&G fish ticket number issued
to operator by the recipient receiving
the delivery, and
(C) Name and ADF&G processor code
of recipient.
(5) Shoreside processor DCPL. The
shoreside processor DCPL has been replaced by eLandings and is no longer
available. (See paragraph (e) of this
section.)
(i) Required information, if inactive.
See paragraph (c)(2) of this section.
(ii) Required information, if active. A
shoreside processor or SFP is active
when receiving or processing groundfish.

§ 679.5
(6) Mothership DCPL—(i) Responsibility. Except as described in paragraph
(f)(1)(v) of this section, the operator of
a mothership that is required to have
an FFP under § 679.4(b), or the manager
of a CQE floating processor that receives or processes any groundfish from
the GOA or BSAI from vessels issued
an FFP under § 679.4(b), is required to
use a combination of mothership DCPL
and eLandings to record and report
daily processor identification information, delivery information, groundfish
production data, and groundfish and
prohibited species discard or disposition data. The operator or manager
must enter into the DCPL any information for groundfish received from
catcher vessels, groundfish received
from processors for reprocessing or rehandling, and groundfish received from
an associated tender vessel.
(ii) Reporting time limits. The operator
of a mothership must record in the
DCPL or submit via eLandings the information in the following table for
each groundfish delivery within the
specified time limit:

REPORTING TIME LIMITS, MOTHERSHIP
Required information

Record
In DCPL

(A) All catcher vessel or tender vessel delivery information

X

Submit via
eLandings

Time limit for reporting
Within 2 hours after completion of receipt of
each groundfish delivery.

(B) Product information

X

By 2400 hours, A.l.t., each day to record the
previous day’s production information

(C) Discard or disposition information

X

By 2400 hours, A.l.t., each day to record the
previous day’s discard/disposition

(D) All other required information

X

By 2400 hours, A.l.t., of the day following completion of production

(E) Operator sign the completed logsheets

X

By 2400 hours, A.l.t., of the day following the
week-ending date of the weekly reporting period.

(F) Submit the goldenrod logsheet to the observer

X

After signed by the operator and prior to departure of observer from the mothership.

(iii) Required information, if inactive.
See paragraph (c)(2) of this section.
(iv) Required information, if active. A
mothership is active when receiving or
processing
groundfish.
If
the
mothership identified in paragraph
(c)(6)(i) of this section is active, the operator must record for one day per
logsheet in the DCPL, the information
described in paragraphs (c)(6)(v) and

(vi) of this section and record in
eLandings the information described in
paragraphs (c)(6)(v), (vii), and (viii) of
this section.
(v) Identification information. If active, the operator must record the following information (see paragraphs
(c)(6)(v)(A) through (J) of this section)
in the DCPL:

613

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(A) Page number. Number the pages in
each logbook consecutively, beginning
with page 1 for January 1 and continuing throughout the logbook for the
remainder of the fishing year.
(B) Printed name and signature of operator. The operator’s name must be
printed in the DCPL. The operator
must sign each completed DCPL
logsheet as verification of acceptance
of the responsibility required in paragraph (a)(2) of this section.
(C) Vessel information. Name of
mothership, or CQE floating processor
as displayed in official documentation,
FFP or FPP number, and ADF&G processor code.
(D) Date. Enter date (mm/dd/yyyy) of
each operating day.
(E) Crew size. Record the number of
crew members (including operator), excluding observer(s), on the last day of
the weekly reporting period.
(F) Gear type. Indicate the gear type
of harvester. If gear type is other than
those listed, circle ‘‘Other’’ and describe. Use a separate logsheet for each
gear type.
(G) Federal reporting areas. Record
Federal reporting area code (see Figures 1 and 3 to this part) where harvest
was completed. Use a separate logsheet
for each reporting area.
(H) COBLZ or RKCSA. If groundfish
was harvested with trawl gear in the
COBLZ or RKCSA, use two separate
logsheets to record the information:
one logsheet for the reporting area
that includes COBLZ or RKCSA, and a
second logsheet to record the information from the reporting area that does
not include COBLZ or RKCSA.
(I) Observer information. Record the
number of observers aboard, the
name(s) of the observer(s), and the observer cruise number(s).
(J) Management program. Indicate
whether harvest occurred under one of
the management programs (see paragraph (a)(1)(iii) of this section). Use a
separate logsheet for each management
program. If harvest is not under one of
the listed management programs, leave
blank.
(1) For the PCTC Program, enter the
observer’s haul number for each catcher vessel delivery of an unsorted
codend by 2400 hours, A.l.t., each day to

record the previous day’s delivery information.
(2) [Reserved]
(vi) Delivery information. The operator
must record delivery information (see
paragraphs (c)(6)(vi)(A) through (H) of
this section) when unprocessed groundfish deliveries are received by the
mothership from a tender vessel or a
catcher vessel. If no deliveries are received for a given day, write ‘‘no deliveries.’’
(A) Type of delivery. Enter ‘‘CV’’ or
‘‘TV’’ to indicate if delivery was from a
catcher vessel or tender vessel, respectively.
(B) Non-submittal of discard report. Indicate whether the blue logsheet was
received from the catcher vessel at the
time of catch delivery. If the delivery
was from a tender vessel, leave this
column blank. If the blue logsheet is
not received from the catcher vessel,
enter ‘‘NO’’ and one of the response
codes in the following table to describe
the reason for non-submittal.
NON-SUBMITTAL OF DISCARD REPORT

CODE

(1) The catcher vessel does not have an
FFP

‘‘P’’

(2) The catcher vessel is under 60 ft (18.3
m) LOA and does not have an FFP

‘‘P’’

(3) The catcher vessel is under 60 ft (18.3
m) LOA and has an FFP

‘‘L’’

(4) The catcher vessel delivered an
unsorted codend

‘‘U’’

(5) Another reason; describe circumstances

‘‘O’’

(C) Vessel identification. Name and
ADF&G vessel registration number of
the catcher vessel or tender vessel (if
applicable) delivering the groundfish.
(D) Receipt time. Record time (in military format, A.l.t.) when receipt of
groundfish delivery was completed.
(E) Beginning position of receipt.
Record the position coordinates (in
latitude and longitude to the nearest
minute; indicate E or W for longitude)
where receipt of the groundfish delivery began.
(F) Estimated total groundfish hail
weight. Enter the estimated total hail
weight of the combined species of each
delivery from a catcher vessel or tender vessel. Total estimated hail weight
is an estimate of the total weight of

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Fishery Conservation and Management
the entire catch without regard to species. Indicate whether the estimated
weight is to the nearest pound or to the
nearest 0.001 mt. If a catcher vessel reported discards on a blue DFL but did
not deliver groundfish, enter ‘‘0’’ in
this column.
(G) IR/IU species (see § 679.27). Enter
the species code of IR/IU species and
the estimated total round weight for
each IR/IU species, if applicable; indicate whether estimated weight is to
the nearest pound or the nearest 0.001
mt. Use one line to record information
for each IR/IU species, including species code and amount of catch. If more
than one IR/IU species are to be recorded, the operator must use a separate line for each species.
(H) ADF&G fish ticket numbers. If receiving unprocessed groundfish from a
catcher vessel, record the ADF&G fish
ticket number that the mothership
issued to each catcher vessel. If receiving unprocessed groundfish from an associated tender vessel, record the
ADF&G fish ticket numbers issued by
the tender vessel on behalf of the
mothership to the catcher vessel.
(vii) Product information. The operator of a mothership must record all
groundfish product information in
eLandings (see paragraph (e)(10) of this
section), including products made from
unprocessed groundfish deliveries received from a tender vessel or a catcher vessel; groundfish received from another processor or other source; and
groundfish received for custom processing (see paragraph (a)(7) of this section) by the mothership for another
processor or business entity.
(viii) Discard or disposition information. The operator of a mothership
must record discard and disposition information in eLandings (see paragraph
(e)(10) of this section). The discard or
disposition information must include:
(A) Discards and disposition that occurred onboard after receipt of groundfish from a catcher vessel or tender
vessel;
(B) Discards and disposition that occurred prior to, during, and after processing of groundfish;
(C) Discards and disposition that
were reported on a blue DFL received
from a catcher vessel delivering
groundfish;

§ 679.5
(D) Discards and disposition that are
recorded on a blue DFL received from a
catcher vessel even though no groundfish are delivered; and
(d) [Reserved]
(e) Interagency Electronic Reporting
System (IERS) and eLandings—(1) Responsibility—(i) Hardware, software, and
Internet connectivity. A User must obtain at his or her own expense hardware,
software,
and
Internet
connectivity to support Internet submissions of commercial fishery landings for which participants report to
NMFS: landing data, production data,
and discard or disposition data. The
User must enter this information via
the Internet by logging on to the
eLandings
system
at
http://
elandings.alaska.gov or other NMFS-approved software or by using the desktop client software.
(ii) Reporting of non-IFQ groundfish. If
the User is unable to submit commercial fishery landings of non-IFQ
groundfish due to hardware, software,
or Internet failure for a period longer
than the required reporting time, contact NMFS Inseason Management at
907–586–7228 for instructions. When the
hardware, software, or Internet is restored, the User must enter this same
information into eLandings or other
NMFS-approved software.
(iii) IFQ manual landing report. If the
User is unable to submit commercial
fishery landings of IFQ crab, IFQ halibut, CDQ halibut, or IFQ sablefish due
to hardware, software, or Internet failure for a period longer than the required reporting time, or a change
must be made to information already
submitted, the User must complete an
IFQ manual landing report. Manual
landing instructions must be obtained
from OLE, Juneau, AK, at 800–304–4846
(Select Option 1).
(A) The User must complete all questions on the manual report, even if
only one item has changed. The following additional information is required: whether the report is original
or revised, name, telephone number,
and fax number of individual submitting the manual landing report.
(B) The User must fax the IFQ manual landing report to 907–586–7313.
(C) The User must retain the paper
copies of IFQ manual landing reports

615

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

as indicated at paragraph (a)(5) of this
section and make them available upon
request of NMFS observers and authorized officers as indicated at paragraph
(a)(6) of this section.
(2) eLandings processor registration. (i)
Before a User can use the eLandings
system to report landings, production,
discard or disposition data, he or she
must request authorization to use the
system, reserve a unique UserID, and
obtain a password by using the Internet to complete the eLandings processor
registration
at
https://
elandings.alaska.gov/elandings/Register.
(ii) Upon registration acceptance, the
User must print, sign, and mail the
User Agreement Form to NMFS at the
address or fax number shown on the
form. Confirmation will be e-mailed to
indicate that the User is registered, authorized to use eLandings, and that the
UserID and User’s account are enabled.
(iii) The User’s signature on the registration form means that the User
agrees to the following terms (see paragraphs (e)(2)(iii)(A) through (C) of this
section):
(A) To use eLandings access privileges only for submitting legitimate
fishery landing reports;
(B) To safeguard the UserID and password to prevent their use by unauthorized persons; and
(C) To ensure that the User is authorized to submit landing reports for the
processor permit number(s) listed.
(3) Information required for eLandings
processor registration form. The User
must enter the following information
(see paragraphs (e)(3)(i) through (ix) of
this section) to obtain operation registration and UserID registration:
(i) Operation type. Select the operation type from the dropdown list.
(ii) Operation name. Enter a name
that will refer to the specific operation. For example, if the plant is in
Kodiak and the company is East Pacific Seafoods, the operation name
might read ‘‘East Pacific Seafoods-Kodiak.’’
(iii) ADF&G processor code. Enter
ADF&G processor code.
(iv) Federal permit number. Enter all
the federal permits associated with the
operation.
(A) Groundfish shoreside processor,
SFP, or CQE floating processor. If a

groundfish shoreside processor, SFP, or
CQE floating processor, enter the FPP
number.
(B) Groundfish catcher/processor or
mothership. If a groundfish catcher/
processor or mothership, enter the FFP
number.
(C) Registered Buyer. If a Registered
Buyer, enter the Registered Buyer permit number.
(D) Registered Crab Receiver. If a Registered Crab Receiver, enter the Registered Crab Receiver permit number.
(v) Port code. Enter the home port
code (see Tables 14a, 14b, and 14c to
this part) for the operation.
(vi) ADF&G vessel registration number.
If a mothership, catcher/processor, or
tender operation, the operator must
enter the ADF&G vessel identification
number of the vessel.
(vii) Vehicle license number. If a buying station operation that is a vehicle,
enter vehicle license number and the
state of license issuance.
(viii) Physical operation. If a buying
station, tender vessel, or custom processor, enter the following information
to identify the associated processor
where the processing will take place:
operation type, ADF&G processor code,
and applicable FFP number, FPP number, Registered Buyer permit number,
and Registered Crab Receiver permit
number.
(ix) UserID registration for primary
User. Each operation requires a primary User. Enter the following information for the primary User for the
new operation: create and enter a
UserID, initial password, company
name, User name (name of the person
who will use the UserID), city and
state where the operation is located,
business telephone number, business
fax number, business e-mail address,
security question, and security answer.
(4) Information entered automatically
for eLandings landing report. eLandings
autofills the following fields from processor registration records (see paragraph (e)(2) of this section): UserID,
processor company name, business
telephone number, e-mail address, port
of landing, operation type (for catcher/
processors, motherships, or SFPs),
ADF&G processor code, and Federal
permit number. The User must review
the autofilled cells to ensure that they

616

Fishery Conservation and Management
are accurate for the landing that is
taking place. eLandings assigns a
unique landing report number and an
ADF&G electronic fish ticket number
upon completion of data entry.
(5) Shoreside processor, SFP, or CQE
floating processor landing report. The
manager of a shoreside processor, SFP,
or CQE floating processor that receives
groundfish from a catcher vessel issued
an FFP under § 679.4 and that is required to have an FPP under § 679.4(f)
must use eLandings or other NMFS-approved software to submit a daily landing report during the fishing year to
report processor identification information and the following information
under paragraphs (e)(5)(i) through (iii)
of this section:
(i) Information entered for each
groundfish delivery to a shoreside processor, SFP, or CQE floating processor.
The User for a shoreside processor,
SFP, or CQE floating processor must
enter the following information (see
paragraphs (e)(5)(i)(A) through (C) of
this section) for each groundfish delivery (other than IFQ sablefish) provided
by the operator of a catcher vessel, the
operator or manager of an associated
buying station or tender vessel, and
from processors for reprocessing or rehandling product into eLandings or
other NMFS-approved software:
(A) Delivery information. (1) Number
of observers onboard.
(2) For crew size, enter the number of
licensed crew aboard the vessel, including the operator.
(3) Management program name and
identifying number, if any, in which
harvest
occurred
(see
paragraph
(a)(1)(iii) of this section).
(4) ADF&G groundfish statistical
area of harvest.
(5) For date of landing, enter date
(mm/dd/yyyy) that the delivery was
completed.
(6) Indicate (YES or NO) whether delivery is from a buying station or tender vessel.
(7) If the delivery is received from a
buying station, indicate the name of
the buying station. If the delivery is
received from a tender vessel, enter the
ADF&G vessel registration number.
(8) If delivery is received from a
catcher vessel, indicate the ADF&G

§ 679.5
vessel registration number of the vessel.
(9) Indicate whether the blue logsheet
was received from the catcher vessel at
the time of catch delivery. If the blue
logsheet is not received from the
catcher vessel, enter ‘‘NO’’ and select
the applicable code from the following
table to explain the reason provided by
the catcher vessel for not supplying
this copy:
NON-SUBMITTAL OF DISCARD REPORT

CODE

(i) The catcher vessel does not have an
FFP

‘‘P’’

(ii) The catcher vessel is under 60 ft (18.3
m) LOA and does not have an FFP

‘‘P’’

(iii) The catcher vessel is under 60 ft (18.3
m) LOA and has an FFP

‘‘L’’

(iv) The catcher vessel delivered an
unsorted codend

‘‘U’’

(v) Another reason; describe circumstances

‘‘O’’

(10) Gear type of harvester.
(11) ADF&G fish ticket number provided to catcher vessel (eLandings assigns an ADF&G fish ticket number to
the landing report).
(12) If receiving deliveries of groundfish in the marine municipal boundaries of a CQE community listed in
Table 21 to this part.
(B) Landed scale weight. The User for
a shoreside processor or SFP must
record landed scale weight (to the nearest pound) for all retained species from
groundfish deliveries by species code
and delivery condition code. Obtain actual weights for each groundfish species received and retained by:
(1) Sorting according to species codes
and direct weighing of that species, or
(2) Weighing the entire delivery and
then sorting and weighing the groundfish species individually to determine
their weights.
(C) Discard or disposition information.
The User must record:
(1) Discard or disposition of fish: that
occurred on and was reported by a
catcher vessel; that occurred on and
was reported by a buying station or
tender vessel; and that occurred prior
to, during, and/or after production of
groundfish at the shoreside processor
or SFP. Discards and dispositions also
must be recorded when no groundfish

617

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

are delivered but the blue DFL is submitted by a catcher vessel containing
records of discards or disposition.
(2) If groundfish or PSC herring,
enter species code, delivery condition
code, disposition code, and weight (to
the nearest pound), and
(3) If PSC halibut, salmon, or crab,
enter species code, delivery condition
code, disposition code, and count (in
numbers of animals).
(ii) Submittal time limit. The User for a
shoreside processor or SFP must submit a landing report containing the information described in paragraph
(e)(5)(i) of this section for each groundfish delivery from a specific vessel by
1200 hours, A.l.t., of the day following
completion of the delivery. If the landed scale weight required in paragraph
(e)(5)(i)(C) of this section is not available by this deadline, the User must
transmit an estimated weight for each
species by 1200 hours, A.l.t., of the day
following completion of the delivery,
and must submit a revised landing report with the landed scale weight for
each species by 1200 hours, A.l.t., of the
third day following completion of the
delivery.
(iii) Compliance. By using eLandings,
the User for the shoreside processor or
SFP and the operator for the catcher
vessel or tender vessel or manager of
the buying station providing information to the User for the shoreside processor or SFP accept the responsibility
of and acknowledge compliance with
§ 679.7(a)(10).
(6) Mothership landing report. The operator of a mothership that is issued an
FFP under § 679.4(b) that receives
groundfish from a catcher vessel required to have an FFP under § 679.4 is
required to use eLandings or other
NMFS-approved software to submit a
daily landing report during the fishing
year to report processor identification
information and the following information under paragraphs (e)(6)(i) through
(iii) of this section:
(i) Information entered for each groundfish delivery to a mothership. The User
for a mothership must enter the following information (see paragraphs
(e)(6)(i)(A)(1) through (12) of this section) provided by the operator of a
catcher vessel, operator or manager of
an associated tender vessel, or informa-

tion received from processors for reprocessing or rehandling product.
(A) Delivery information. (1) Number
of observers onboard.
(2) Crew size (including operator).
(3) Management program name and
identifying number, if any, in which
harvest
occurred
(see
paragraph
(a)(1)(iii) of this section).
(4) ADF&G groundfish statistical
area of harvest.
(5) Date (mm/dd/yyyy) that delivery
was completed.
(6) If the delivery is received from a
tender, enter the ADF&G vessel registration number of the tender.
(7) If delivery received from a catcher
vessel, enter the ADF&G vessel registration number of the vessel.
(8) Indicate whether the blue logsheet
was received from the catcher vessel at
the time of catch delivery. If the blue
logsheet was not received from the
catcher vessel, enter ‘‘NO’’ and select a
code from the following table to explain the reason provided by the catcher vessel for not supplying this copy.
NON-SUBMITTAL OF DISCARD REPORT

CODE

(i) The catcher vessel does not have an
FFP

‘‘P’’

(ii) The catcher vessel is under 60 ft (18.3
m) LOA and does not have an FFP

‘‘P’’

(iii) The catcher vessel is under 60 ft (18.3
m) LOA and has an FFP

‘‘L’’

(iv) The catcher vessel delivered an
unsorted codend

‘‘U’’

(v) Another reason; describe circumstances

‘‘O’’

(9) Gear type of harvester.
(10) Total estimated round weight by
species (pounds).
(11) ADF&G fish ticket number provided to catcher vessel (eLandings assigns an ADF&G fish ticket number to
the landing report).
(12) For deliveries from catcher vessels directed fishing for pollock in the
Bering Sea, indicate whether, prior to
the haul, the operator of the catcher
vessel moved fishing location primarily
to avoid Chinook salmon bycatch.
(B) Discard or disposition information.
(1) The User must record discard or disposition information that occurred on
and was reported by a catcher vessel;
that occurred on and was reported by a
tender vessel; and that occurred prior

618

Fishery Conservation and Management
to, during, and after production of
groundfish at the mothership. Discards
and dispositions also must be recorded
when no groundfish are delivered but
the blue DFL is submitted by a catcher
vessel containing records of discards or
disposition.
(2) If groundfish or PSC herring,
enter species code, delivery condition
code, disposition code, and weight (to
the nearest pound), and
(3) If PSC halibut, salmon, or crab,
enter species code, delivery condition
code, disposition code, and count (in
numbers of animals).
(ii) Submittal time limit. The User for a
mothership must submit a landing report containing the information described at paragraph (e)(6)(i) of this
section for each groundfish delivery
from a specific vessel by 2400 hours,
A.l.t., of the day following the delivery.
(iii) Compliance. By using eLandings,
the User for the mothership and the
catcher vessel operator or tender vessel
operator providing information to the
User for the mothership accept the responsibility of and acknowledge compliance with § 679.7(a)(10).
(7) Registered Buyer landing report. A
person who is issued a Registered
Buyer permit under § 679.4(d)(3) and
who receives IFQ halibut or IFQ sablefish from an IFQ permit holder or who
receives CDQ halibut from a CDQ permit holder at any time during the fishing year is required to use eLandings
or other NMFS-approved software to
submit landing reports with the following information from paragraphs
(e)(7)(i) and (ii) of this section):
(i) Information entered for each IFQ
halibut, CDQ halibut, and IFQ sablefish
delivery. The User for a Registered
Buyer must enter the following information (see paragraphs (e)(7)(i)(A)
through (E) of this section) for each
IFQ halibut, CDQ halibut, and IFQ sablefish delivery into eLandings or
other NMFS-approved software:
(A) User identification. UserID and
password of person assigned for that
system.
(B) Landing date. Date (mm/dd/yyyy)
of the landing.
(C) Landing location. Location (port
code) of the landing (See Tables 14a,
14b, and 14c to this part).

§ 679.5
(D) Permit numbers. Permit number of
the IFQ permit holder, and any IFQ
hired master permit holder, or CDQ
hired master permit holder harvesting
the fish and permit number of Registered Buyer receiving the IFQ halibut, IFQ sablefish, or CDQ halibut.
(E) Delivery information. As reported
by the IFQ permit holder, IFQ hired
master permit holder, or CDQ hired
master permit holder including the information in paragraphs (e)(7)(i)(E)(1)
through (9) of this section):
(1) Harvesting vessel’s ADF&G vessel
registration number.
(2) Gear code of gear used to harvest
IFQ halibut, IFQ sablefish, or CDQ halibut.
(3) ADF&G fish ticket number(s) for
the landing (after the initial eLandings
report is submitted, eLandings assigns
an ADF&G fish ticket number to the
landing report).
(4) ADF&G statistical area of harvest.
(5) If ADF&G statistical area is bisected by a line dividing two IFQ regulatory areas, provide the IFQ regulatory area of harvest.
(6) Except as provided in paragraph
(e)(7)(i)(E)(7) of this section, initial accurate scale weight(s) (to the nearest
pound) made at the time of offloading
for IFQ halibut, IFQ sablefish, or CDQ
halibut sold and retained (where retained includes fish intended for personal use, fish weighed and reloaded for
delivery to another processor, and fish
landed but rejected at the dock by the
Registered Buyer); species codes; delivery condition code; and disposition
code for each ADF&G statistical area
of harvest.
(7) Accurate weight of IFQ sablefish
processed product obtained before the
offload may be substituted for the initial accurate scale weight provided in
paragraph (e)(7)(i)(E)(6) of this section,
at time of offload, if the vessel operator is a Registered Buyer reporting an
IFQ sablefish landing.
(8) Indicate whether initial accurate
scale weight is given with or without
ice and slime. Fish which have been
washed prior to weighing or which have
been offloaded from refrigerated salt
water are not eligible for a 2-percent
deduction for ice and slime and must
be reported as fish weights without ice

619

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

and slime. The 2-percent deduction is
made by NMFS, not the submitter.
(9) Indicate whether IFQ halibut is
incidental catch concurrent with legal
landing of salmon or concurrent with
legal landing of lingcod harvested
using dinglebar gear.
(ii) Signatures for IFQ halibut, CDQ
halibut, or IFQ sablefish deliveries. (A)
The User for the Registered Buyer
must print the completed groundfish
landing report (ADF&G electronic
groundfish ticket) and the sablefish/
halibut IFQ landing receipt. The User
must review the autofilled data entry
cells to ensure that they are accurate
for the landing that is taking place.
(B) The User for the Registered
Buyer, plus the IFQ permit holder or
the IFQ hired master permit holder or
CDQ hired master permit holder, must
acknowledge the accuracy of the printed IFQ halibut, CDQ halibut, or IFQ sablefish landing receipt, and if necessary, IFQ manual landing report, by
entering printed name, signature, and
date.
(iii) Time limits—(A) Landing hours. A
landing of IFQ halibut, CDQ halibut, or
IFQ sablefish may commence only between 0600 hours, A.l.t., and 1800 hours,
A.l.t., unless permission to land at a
different time is granted in advance by
a clearing officer.
(B) Landing receipt signatures. The
User for the Registered Buyer and the
IFQ permit holder, IFQ hired master
permit holder, or CDQ hired master
permit holder must sign the sablefish/
halibut IFQ landing receipt within six
hours after all IFQ halibut, CDQ halibut, and IFQ sablefish are offloaded
from a harvesting vessel and prior to
shipment or transfer of the fish from
the landing site.
(C) Landing completion. The User for
the Registered Buyer must submit an
IFQ landing report, containing the information described in this paragraph
(e)(7), within six hours after all IFQ
halibut, CDQ halibut, and IFQ sablefish
are offloaded from a specific vessel and
prior to shipment or transfer of said
fish from the landing site.
(iv) IFQ manual landing report. See
paragraph (e)(1)(iii) of this section.
(8) Registered Crab Receiver (RCR) IFQ
crab landing report. (i) A person who is
issued an RCR permit under § 680.4(i) of

this chapter and who receives IFQ crab
from a crab IFQ permit holder or crab
IFQ hired master is required to use
eLandings to submit a landing report
to report every landing of IFQ crab and
incidental groundfish.
(ii) An RCR using a catcher/processor
is required to submit a crab landing report using eLandings in a format approved by NMFS. NMFS will provide
format specifications upon request. Interested parties may contact NMFS
Alaska Region, Sustainable Fisheries
Division, Catch Accounting/Data Quality, P.O. Box 21668, Juneau, AK 99802–
1668, telephone 907–586–7228.
(iii) Information entered for each IFQ
crab delivery. The User for the RCR
must submit information described at
paragraphs (e)(8)(iii)(A) through (D) of
this section into eLandings or other
NMFS-approved software for each IFQ
crab delivery:
(A) Permit numbers. RCR permit number, IFQ permit number, and IPQ permit number, as appropriate.
(B) Operation type and port code—(1) If
a shoreside processor, the port code is
pre-filled
automatically
(see
§ 679.5(e)(4)).
(2) If a catcher/processor, the at-sea
operation type is pre-filled automatically.
(3) If an SFP and crab delivery is received in port, the at-sea operation
type is pre-filled automatically (see
§ 679.5(e)(4)) and the User must enter
the port code from Table 14a to this
part.
(4) If an SFP and crab delivery is received at sea, the at-sea operation type
is
pre-filled
automatically
(see
§ 679.5(e)(4)) and the User must enter
the appropriate crab regional designation (see § 680.40(b)(2)), shown below:
CR CRAB REGIONAL DESIGNATIONS
N—North
Region.
S—South
Region.
W—West
Region.

Landed in the Bering Sea subarea north of
56°20′ N. lat.
Landed in any area in Alaska, not in the North
Region.
West of 174° W. long. Only applicable for western Aleutian Islands golden king crab (WAG).

(C) Delivery information. As reported
by IFQ permit holder.
(1) ADF&G vessel registration number of the delivering vessel.
(2) Date (mm/dd/yyyy) fishing began.

620

Fishery Conservation and Management
(3) Date (mm/dd/yyyy) of the IFQ
crab landing.
(4) ADF&G fish ticket number (automatically supplied).
(5) ADF&G statistical area of harvest
(All ADF&G statistical areas are translated to the NMFS reporting area and
the
IPHC
reporting
area
by
eLandings.).
(6) Species code of catch from Table 2
to part 680.
(7) Delivery-condition codes of catch
from Table 3a to this part.
(8) Number of crab retained and sold
condition code, product type, size/
grade, and sold pounds; and optionally,
price per pound.
(9) Scale weight of deadloss (to the
nearest pound) and scale weight of crab
retained for personal use (to the nearest pound). Deadloss and personal use
crab that an IPQ holder did not purchase are not debited from the IPQ
holder’s account.
(D) Crew and observer information—(1)
For crew size, enter the number of licensed crew aboard the vessel, including the operator.
(2) Number of observers aboard.
(iv) Information entered for IFQ crab
custom processing landings. In addition
to the information required in paragraph (e)(8)(iii) of this section, if custom processing IFQ crab, the User for
the RCR must enter the ADF&G processor code of the person for which the
IFQ crab was custom processed.
(v) Signatures for IFQ crab deliveries.
(A) The User for the RCR must print
the completed crab landing report
(ADF&G electronic crab ticket) and
the crab IFQ landing receipt. The User
must review the autofilled data entry
cells to ensure that they are accurate
for the landing that is taking place.
(B) The User for the Registered Crab
Receiver (RCR), plus the IFQ permit
holder or IFQ hired master permit
holder, must acknowledge the accuracy
of the printed IFQ crab landing receipt,
and, if necessary, IFQ manual landing
report, by entering printed name, signature, and date.
(vi) Time limits. (A) Except as indicated in paragraph (e)(8)(vi)(B) of this
section, the User for the RCR is required to submit a crab landing report
described at this paragraph (e)(8) to

§ 679.5
NMFS within six hours after all crab is
offloaded from the vessel.
(B) For IFQ crab harvested on a
catcher/processor, the User for the RCR
is required to submit an IFQ crab landing report to NMFS by Tuesday 1200
hours, A.l.t. after the end of each weekly reporting period in which IFQ crab
was harvested.
(C) The User for the RCR and the IFQ
permit holder or IFQ hired master permit holder must enter printed name
and sign the crab IFQ landing receipt
within six hours after all crab is
offloaded from the harvesting vessel.
(vii) Landing document retention. The
User must retain each landing report
and landing receipt per paragraph (a)(5)
of this section.
(viii) IFQ manual landing report for
crab. See paragraph (e)(1)(iii) of this
section.
(9) Shoreside processor or SFP information entered for production report. The
manager of a shoreside processor or
SFP that is required to have an FPP
under § 679.4(f) must use eLandings or
other NMFS-approved software during
the fishing year to submit a production
report to report daily processor identification information and all groundfish
production data. The User must retain
a copy of each production report per
paragraphs (a)(5) and (6) of this section.
(i) Contents. eLandings autofills the
following fields when creating a production report for a shoreside processor
or SFP: FPP number, company name,
ADF&G processor code, User name,
email address, and telephone number.
The User must review the autofilled
cells to ensure that they are accurate
for the current report. In addition, the
User for the shoreside processor or SFP
must enter the following information
(see paragraphs (e)(9)(i)(A) through (F)
of this section):
(A) Date. Reporting date (mm/dd/
yyyy).
(B) Observers. Number of observers
onsite.
(C) Area of harvest. Whether harvested in GOA or BSAI.
(D) Product description. Species code,
product type, and product code of product.
(E) Product weight. Enter actual scale
weight of product to the nearest pound.

621

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(F) No production/no deliveries (inactive). If there was no production or deliveries for the day, mark the ‘‘No Production’’ and/or ‘‘No Deliveries’’ boxes.
(ii) Submittal time limits—(A) When active pursuant to paragraph (c)(5)(ii) of
this section, the User for a shoreside
processor or SFP must submit a production report by 1200 hours, A.l.t.,
each day to record the previous day’s
production information.
(B) If a shoreside processor or SFP
using eLandings is not taking deliveries over a weekend, the User or manager may submit the eLandings production report from Saturday and Sunday to NMFS by 1200 hours, A.l.t., on
the following Monday.
(10) Catcher/processor or mothership information entered for production report—
(i) Catcher/processor. The operator of a
catcher/processor that is issued an FFP
under § 679.4 and that harvests groundfish is required to use eLandings or
other NMFS-approved software to submit a production report to record and
report daily processor identification
information, groundfish production
data, and groundfish and prohibited
species discard or disposition data.
(ii) Mothership. The operator of a
mothership that is issued an FFP
under § 679.4, or the operator of a CQE
floating
processor
that
receives
groundfish is required to use eLandings
or other NMFS-approved software to
submit a production report to record
and report daily processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data.
(iii) Contents. eLandings autofills the
following fields when creating a production report for a catcher/processor
or mothership: FFP or FPP number,
company name, ADF&G processor
code, User name, email address, and
telephone number. The User must review the autofilled cells to ensure that
they are accurate for the current report. In addition, the User for the
catcher/processor or mothership must
enter the information in paragraphs
(e)(10)(iii)(A) through (N) of this section.
(A) Date. Reporting date (mm/dd/
yyyy).
(B) Designation. From Table 14c to
this part, enter whether the processor

is a catcher/processor = FCP or a
mothership = FLD.
(C) Crew size. Including operator.
(D) Management program. Enter management program and identifying number, if any, in which harvest occurred
(see paragraph (a)(1)(iii) of this section).
(E) Gear type of harvester. Enter the
gear type used by the harvester.
(F) Federal Reporting Area of harvest.
Enter the Federal Reporting Area
where harvest was made.
(G) COBLZ or RKCSA. Indicate
whether fishing occurred in COBLZ or
RKCSA (if applicable).
(H) Product description. Species code,
product type, and product code of product.
(I) Product weight. Enter product
weight in metric tons to the nearest
0.001 mt.
(J) No production (inactive). If there
was no production for the day, mark
the ‘‘No Production’’ box.
(K) Discard description. The operator
must record the discard or disposition
that occurred prior to, during, and
after production of groundfish by species code and disposition code of discards and disposition.
(L) Discard weight. Daily weight of
groundfish and the daily weight of herring PSC to the nearest 0.001 mt.
(M) PSC numbers—(1) Non-AFA catcher/processors and all motherships. Daily
number of PSC animals (Pacific salmon, steelhead trout, Pacific halibut,
king crabs, and Tanner crabs) by species codes and discard and disposition
codes.
(2) AFA and CDQ catcher/processors.
The operator of an AFA catcher/processor or any catcher/processor harvesting pollock CDQ must enter daily
the number of non-salmon PSC animals
(Pacific halibut, king crabs, and Tanner crabs) by species codes and discard
and disposition codes. Salmon PSC animals are entered into the electronic
logbook as described in paragraphs
(f)(1)(iv) and (v) of this section.
(N) ADF&G statistical area. Must be
reported beginning January 1, 2009.
(iv) Submittal time limits—(A) Except
as described in paragraph (e)(10)(iv)(B)
of this section, when a mothership is
active pursuant to paragraph (c)(6)(iv)
of this section, a catcher/processor

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Fishery Conservation and Management
longline or pot gear is active pursuant
to paragraph (c)(3)(iv)(B) of this section, or a catcher/processor trawl gear
is active pursuant to paragraph
(c)(4)(iv)(B) of this section, the User for
a mothership or catcher/processor must
submit a production report by 2400
hours, A.l.t., each day to record the
previous day’s production information.
(B) If a vessel is in the groundfish
and halibut fishery full observer coverage
category
described
at
§ 679.51(a)(2), the User may submit a
production report for Friday, Saturday, and Sunday no later than 2400
hours, A.l.t., on the following Monday.
(11) Printing of landing reports, landing
receipts, and production reports—(i) The
User daily must print a paper copy onsite or onboard of:
(A) Each landing report.
(B) If IFQ halibut, IFQ sablefish, or
CDQ halibut, each sablefish/halibut
IFQ landing receipt.
(C) If IFQ crab, each crab IFQ landing
receipt.
(D) Each production report.
(ii) In addition to paragraph (e)(11)(i)
of this section, the mothership operator or User must print an additional
copy of each landing report and provide
it to the operator of the catcher vessel
delivering
groundfish
to
the
mothership by 1200 hours, A.l.t., on
Tuesday following the end of applicable
weekly reporting period.
(12) Retention and inspection of landing
reports, landing receipts, and production
reports—(i) The User daily must retain
a printed paper copy onsite or onboard
of:
(A) Each landing report.
(B) If IFQ halibut, IFQ sablefish, or
CDQ halibut, each sablefish/halibut
IFQ landing receipt.
(C) If IFQ crab, each crab IFQ landing
receipt.
(D) Each production report.
(ii) The User must make available
the printed copies upon request of
NMFS observers and authorized officers as indicated at paragraph (a)(5) of
this section.
(13) Catcher/processor landing report.
(i) The operator of a catcher/processor
placed in the partial observer coverage
category under § 679.51(a)(3) must use
eLandings or other NMFS-approved
software to submit a catcher/processor

§ 679.5
landing report to NMFS for each fishing trip conducted while that catcher/
processor is in the partial observer coverage category.
(ii) The vessel operator must log into
eLandings or other NMFS-approved
software and provide the information
required on the computer screen. Additional instructions for submitting a
catcher/processor landing report is on
the Alaska Region Web site at http://
alaskafisheries.noaa.gov.
(iii) For purposes of this landing report requirement, the end of a fishing
trip is defined in § 679.2, paragraph
(3)(iii) of the definition of a fishing
trip.
(iv) The vessel operator must submit
the catcher/processor landing report to
NMFS by 2400 hours, A.l.t., on the day
after the end of the fishing trip.
(14) Tender vessel landing report
(‘‘tLandings’’)—(i) tLandings. tLandings
is an applications software for preparing electronic landing reports for
commercial fishery landings to tender
vessels.
(ii) Tender vessel operator responsibility. The operator of a tender vessel
taking delivery of groundfish that is
required to be reported to NMFS on a
landing report under paragraph (e)(5) of
this section must use tLandings to
enter information about each landing
of groundfish and must provide that information to the User defined under
§ 679.2.
(iii) User responsibility. The User must
configure and provide the tender vessel
operator with the most recent version
of the tLandings tender workstation
application prior to the tender vessel
taking delivery of groundfish.
(iv) Information entered for each
groundfish delivery. The tender vessel
operator must log into the configured
tLandings tender workstation application and provide the information required on the computer screen. Additional instructions for tLandings is on
the Alaska Region Web site at http://
alaskafisheries.noaa.gov.
(v) Submittal time limit. (A) The tender
vessel operator must provide the landing information in tLandings to the
User at the commencement of the
transfer or offload of groundfish from
the tender vessel to the processor.

623

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(B) The User must upload the data
recorded in tLandings by the tender
vessel to prepare the initial landing report for a catcher vessel delivering to a
tender vessel that is required under
paragraph (e)(5) of this section within
the submittal time limit specified
under paragraph (e)(5).
(vi) Compliance. By using tLandings,
the User and the tender vessel operator
providing information to the User accept the responsibility of and acknowledge compliance with § 679.7(a)(10).
(f) Electronic logbooks (ELBs). The operator may use a combination of a
NMFS-approved ELB (instead of a DFL
or DCPL) and eLandings to record and
report groundfish information. To satisfy ELB use requirements, the operator after data entry must routinely
create the following three products: an
ELB logsheet, an ELB discard report,
and an ELB data export.
(1) Responsibility. The operator of a
vessel voluntarily using an ELB must
notify the Regional Administrator by
fax at 907–586–7465 to notify NMFS that
the operator is using a NMFS-approved
ELB instead of a DFL or DCPL, prior
to participating in any Federal fishery.
(i) Catcher vessel longline and pot gear
ELB. The operator of a catcher vessel
using longline and pot gear may use a
NMFS-approved catcher vessel longline
or pot gear ELB in lieu of using the
NMFS-prescribed
catcher
vessel
longline or pot gear DFL required at
paragraph (c)(3) of this section.
(ii) Catcher/processor longline and pot
gear ELB. Except for catcher/processors
subject to § 679.100(b), the operator of a
catcher/processor using longline or pot
gear may use a combination of a
NMFS-approved
catcher/processor
longline and pot gear ELB and
eLandings to record and report groundfish information. The operator may use
a NMFS-approved catcher/processor
longline and pot gear ELB to record
daily processor identification information and catch-by-set information. In
eLandings, the operator must record
daily processor identification, groundfish production data, and groundfish
and prohibited species discard or disposition data.
(iii) Catcher vessel trawl gear ELB. The
operator of a catcher vessel using trawl
gear may use a NMFS-approved catch-

er vessel trawl gear ELB in lieu of
using the NMFS-prescribed catcher
vessel trawl gear DFL required at paragraph (c)(4) of this section.
(iv) Catcher/processor trawl gear ELB.
Except as described in paragraph
(f)(1)(vii) of this section, the operator
of a catcher/processor using trawl gear
may use a combination of a NMFS-approved catcher/processor trawl gear
ELB and eLandings to record and report groundfish information. In the
ELB, the operator may enter processor
identification information and catchby-haul information. In eLandings, the
operator must enter processor identification, groundfish production data,
and groundfish and prohibited species
discard or disposition data.
(v) Mothership ELB. The operator of a
mothership may use a combination of a
NMFS-approved mothership ELB and
eLandings to record and report groundfish information. The operator may use
a NMFS-approved mothership ELB to
record daily processor identification
information and catcher vessel and
tender vessel groundfish delivery information. In eLandings, the operator
must record daily processor identification, groundfish production data, and
groundfish and prohibited species discard or disposition data.
(vi) If using a NMFS-approved ELB,
the operator is not required to quarterly submit logsheets to OLE.
(vii) AFA and CDQ trawl catcher/processors. The operator of an AFA catcher/
processor or any catcher/processor harvesting pollock CDQ must use a combination of NMFS-approved catcher/
processor
trawl
gear
ELB
and
eLandings to record and report groundfish and PSC information. In the ELB,
the operator must enter processor identification information; catch-by-haul
information; prohibited species discard
or disposition data for all salmon species in each haul; and indicate whether,
prior to the haul, the operator moved
fishing location primarily to avoid Chinook salmon bycatch. In eLandings,
the operator must enter processor identification, groundfish production data,
and groundfish and prohibited species
discard or disposition data for all prohibited species except salmon.

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Fishery Conservation and Management
(viii) Longline catcher/processor subsector. The operator of a catcher/processor subject to § 679.100(b) must use a
NMFS-approved
catcher/processor
longline and pot gear ELB to record
processor identification information,
catch-by-set information, and, if required to weigh Pacific cod on a NMFSapproved scale, the total Pacific cod
weight from the scale for each set. This
requirement applies for the entire year
that the vessel is subject to § 679.100(b)
and operating as a catcher/processor
using either longline or pot gear.
(ix) Catcher/processors and motherships
required to weigh catch on NMFS-approved scales. Catcher/processors and
motherships required to weigh catch on
a NMFS-approved scale must use a
NMFS-approved ELB. The vessel operator must ensure that each scale is
tested as specified in § 679.28(b)(3) and
that the following information from all
scale tests, including failed tests, is reported within 24 hours of the testing
using the ELB:
(A) The weight of test material from
the observer platform scale;
(B) The total weight of the test material as recorded by the scale being tested;
(C) Percent error as determined by
subtracting the known weight of the
test material from the weight recorded
on the scale being tested, dividing that
amount by the known weight of the
test material, and multiplying by 100;
and
(D) The time, to the nearest minute
A.l.t. when testing began.
(2) Requirements for using an ELB—(i)
Use a NMFS-approved ELB. The operator must use only a NMFS-approved
ELB. The Regional Administrator
maintains a list of approved ELBs on
the Alaska Region NMFS website at
http://alaskafisheries.noaa.gov (see also
§ 679.28(h) for approval of vendor software).
(ii) Reporting groundfish by ELB. If
the User is unable to submit commercial fishery information due to hardware, software, or Internet failure for a
period longer than the required reporting time, contact NMFS Inseason Management at (907) 586–7228 for instructions. When the hardware, software, or
Internet is restored, the User must
enter this same information into the

§ 679.5
electronic logbook (ELB) or other
NMFS-approved software.
(iii) Enter all required information into
the ELB—(A) Inactive. The operator
must enter all required information, if
inactive (see paragraph (c)(2) of this
section).
(B) Active. The operator must enter
all required information, if active (see
paragraph (c)(3), (c)(4), or (c)(6) of this
section, as appropriate).
(1) Recording time limits. The time limits for recording applicable information in the ELBs are the same as the
recording time limits for DFLs and
DCPLs in paragraphs (c)(3), (c)(4), and
(c)(6) of this section.
(2) Daily complete ELB data entry
and printing of copies as indicated in
paragraph (f)(3)(i) of this section.
(iv) Regularly backup ELB data. The
operator must regularly backup ELB
data to ensure that data are not lost in
the event of hardware or software problems.
(v) Correct errors in ELB data. If after
an ELB discard report and ELB
logsheet are printed, an error is found
in the data, the operator must make
any necessary changes to the data,
print a new copy of the ELB discard report and ELB logsheet, and export the
revised file to NMFS. The operator
must retain both the original and revised ELB reports.
(3) Printed copies. Upon completion of
ELB data entry each day, the operator
must print the following information
(see paragraphs (f)(3)(i) and (ii) of this
section) in the NMFS-specified format:
(i) ELB logsheet. (A) Print a copy of
an ELB logsheet when a vessel is active, by 2400 hours, A.l.t. each day to
record the previous day’s ELB information.
(B) Print one ELB logsheet to describe a continuous period of inactivity, when a vessel is inactive.
(C) Print a copy of the ELB logsheet
for the observer’s use, if an observer is
onboard the vessel, by 2400 hours,
A.l.t., each day to record the previous
day’s ELB information.
(ii) ELB discard report. (A) Print a
copy of an ELB discard report upon
completion of each fishing trip or each
offload of fish.
(B) If an observer is present, print a
copy of the ELB discard report for the

625

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

observer’s use upon completion of each
fishing trip or each offload of fish.
(4) Signatures—(i) ELB logsheet. The
operator daily must sign and date each
printed ELB logsheet by 2400 hours,
A.l.t. each day to record the previous
day’s ELB information. The signature
of the operator is verification of acceptance of the responsibility required
in paragraph (a)(2) of this section.
(ii) ELB discard report. The operator
daily must sign and date each printed
ELB discard report upon completion of
each fishing trip or each offload of fish.
The signature of the operator is
verification of acceptance of the responsibility required in paragraph
(a)(2) of this section.
(5) Submittal time limits. (i) The operator of a catcher vessel using an ELB
must upon delivery of catch submit the
ELB discard report to the mothership,
shoreside processor, or SFP.
(ii) The operator or manager of a
buying station or tender vessel that receives groundfish catch from a catcher
vessel using an ELB must upon delivery of catch submit the ELB discard report to the mothership, shoreside processor, or SFP, and submit the ELB
data export directly to the Regional
Administrator
or
through
the
mothership, shoreside processor, or
SFP.
(6) Retention. The operator must keep
a signed copy of each ELB logsheet and
each ELB discard report, filed in sequence for immediate access by authorized personnel as described at paragraph (a)(5) of this section.
(7) ELB data submission—(i) Catcher/
processors. The operator of a catcher/
processor must transmit ELB data directly to NMFS online through
eLandings or other NMFS-approved
data transmission mechanism, by 2400
hours, A.l.t., each day to record the
previous day’s hauls.
(ii) Catcher vessels. The operator of a
catcher vessel must transmit ELB data
directly to NMFS as an email attachment or to NMFS through a shoreside
processor, SFP, or mothership who received
his/her
groundfish
catch.
Through a prior agreement with the
catcher vessel, the operator of a
mothership or the manager of a shoreside processor or SFP will forward the
ELB data transfer to NMFS as an

email attachment within 24 hours of
completing receipt of the catcher vessel’s catch.
(8) Return receipt. (i) Upon receiving
an ELB data export, NMFS will generate a dated return-receipt to confirm
receipt of the ELB data. If errors exist
in the data transmitted to NMFS, the
receipt will identify the errors. If errors are identified, the operator must
correct the errors and send a revised
transmission to NMFS which will then
confirm acceptance of the ELB data.
(ii) The operator must retain the
NMFS return receipt as described in
paragraph (a)(5) of this section.
(iii) If a return receipt from NMFS is
not received within 24 hours, the operator of the catcher vessel, the operator
of a catcher/processor, the operator of
the mothership, or the manager of the
shoreside processor or SFP forwarding
the ELB data export for the operator of
the catcher vessel, must contact NMFS
by telephone at 907–586–7228 or fax at
907–586–7131 for instructions.
(g) Product transfer report (PTR)—(1)
General requirements. Except as provided in paragraphs (g)(2)(i) through (v)
of this section, the operator or manager must record on a PTR those species that are listed in Tables 2a and 2c
to this part when those species are
transferred out of the facility or off the
vessel and may also record species listed in Table 2d to this part. For a comparison of forms used for shipping,
transporting, or transferring fish or
fish product, see Table 13 to this part.
(i) Groundfish and donated prohibited
species. The operator of a mothership or
catcher/processor or the manager of a
shoreside processor or SFP must complete and submit a separate PTR for
each shipment of groundfish and donated prohibited species caught in
groundfish fisheries. A PTR is not required to accompany a shipment.
(ii) IFQ halibut, IFQ sablefish, and
CDQ halibut. A Registered Buyer must
submit a separate PTR for each shipment of halibut or sablefish for which
the Registered Buyer submitted an IFQ
landing report or was required to submit an IFQ landing report. A PTR is
not required to accompany a shipment.
(iii) CR crab. A Registered Crab Receiver (RCR) must submit a separate
PTR for each shipment of crab for

626

Fishery Conservation and Management
which the RCR submitted a CR crab
landing report or was required to submit a CR crab landing report. A PTR is
not required to accompany a shipment.
(2) Exceptions—(i) Bait sales (non-IFQ
groundfish only). During one calendar
day, the operator or manager may aggregate and record on one PTR the individual sales or shipments of non-IFQ
groundfish to vessels for bait purposes
during the day recording the amount of
such bait product shipped from a vessel
or facility that day.
(ii) Retail sales—(A) IFQ halibut, IFQ
sablefish, CDQ halibut, and non-IFQ
groundfish. During one calendar day,
the operator, manager, or Registered
Buyer may aggregate and record on
one PTR the amount of transferred retail product of IFQ halibut, IFQ sablefish, CDQ halibut, and non-IFQ groundfish if each sale weighs less than 10 lb
or 4.5 kg.
(B) CR crab. During one calendar day,
the RCR may aggregate and record on
one PTR the amount of transferred retail product of CR crab if each sale
weighs less than 100 lb or 45 kg.
(iii) Wholesale sales (non-IFQ groundfish only). The operator or manager
may aggregate and record on one PTR,
wholesale sales of non-IFQ groundfish
by species when recording the amount
of such wholesale species leaving a vessel or facility in one calendar day, if
invoices detailing destinations for all
of the product are available for inspection by an authorized officer.
(iv) Dockside sales.
(A) A person holding a valid IFQ permit, or IFQ hired master permit, and a
Registered Buyer permit may conduct
a dockside sale of IFQ halibut or IFQ
sablefish with a person who has not
been issued a Registered Buyer permit
after all IFQ halibut and IFQ sablefish
have been landed and reported in accordance with paragraph (l) of this section.
(B) A person holding a valid halibut
CDQ hired master permit and Registered Buyer permit may conduct a
dockside sale of CDQ halibut with a
person who has not been issued a Registered Buyer permit after all CDQ halibut have been landed and reported in
accordance with paragraph (l) of this
section.

§ 679.5
(C) A Registered Buyer conducting
dockside sales must issue a receipt to
each individual receiving IFQ halibut,
CDQ halibut, or IFQ sablefish in lieu of
a PTR. This receipt must include:
(1) Date of sale;
(2) Registered Buyer permit number;
(3) Weight by product of the IFQ halibut, CDQ halibut or IFQ sablefish
transferred.
(D) A Registered Buyer must maintain a copy of each dockside sales receipt as described in paragraph (l) of
this section.
(v) Transfer directly from the landing
site to a processing facility (CDQ halibut,
IFQ halibut, IFQ sablefish, or CR crab
only). A PTR is not required for transportation of unprocessed IFQ halibut,
IFQ sablefish, CDQ halibut, or CR crab
directly from the landing site to a facility for processing, provided the following conditions are met:
(A) A copy of the IFQ landing report
receipt (Internet receipt) documenting
the IFQ landing accompanies the
offloaded IFQ halibut, IFQ sablefish, or
CDQ halibut while in transit.
(B) A copy of the CR crab landing report receipt (Internet receipt) documenting the IFQ landing accompanies
the offloaded CR crab while in transit.
(C) A copy of the IFQ landing report
or CR crab landing report receipt is
available for inspection by an authorized officer.
(D) The Registered Buyer submitting
the IFQ landing report or RCR submitting the CR crab landing report completes a PTR for each shipment from
the processing facility pursuant to
paragraph (g)(1) of this section.
(3) Time limits and submittal. The operator of a mothership or catcher/processor, the manager of a shoreside processor or SFP, the Registered Buyer, or
RCR must:
(i) Record all product transfer information on a PTR within 2 hours of the
completion of the shipment.
(ii) Submit a PTR by facsimile or
electronic file to OLE, Juneau, AK
(907–586–7313), by 1200 hours, A.l.t., on
the Tuesday following the end of the
applicable weekly reporting period in
which the shipment occurred.

627

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(iii) If any information on the original PTR changes prior to the first destination of the shipment, submit a revised PTR by facsimile or electronic
file to OLE, Juneau, AK (907–586–7313),
by 1200 hours, A.l.t., on the Tuesday
following the end of the applicable
weekly reporting period in which the
change occurred.
(4) Required information. The operator
of a mothership or catcher/processor,

the manager of a shoreside processor or
SFP, the Registered Buyer, or RCR
must include the following information
on a PTR:
(i) Original or revised PTR. Whether a
submittal is an original or revised
PTR.
(ii) Shipper information. Name, telephone number, and facsimile number of
the representative. According to the
following table:

If you are shipping . . .

Enter under ‘‘Shipper’’ . . .

(A) Non-IFQ groundfish ...............................................................

Your processor’s name, Federal fisheries or Federal processor
permit number.
Your Registered Buyer name and permit number.
Your RCR name and permit number.
(1) Your processor’s name and Federal fisheries permit number or Federal processor permit number, (2) Your Registered
Buyer’s name and permit number, and (3) Your RCR name
and permit number.

(B) IFQ halibut, CDQ halibut or IFQ sablefish ............................
(C) CR crab .................................................................................
(D) Non-IFQ groundfish, IFQ halibut, CDQ halibut or IFQ sablefish, and CR crab on the same PTR.

(iii) Transfer information. Using descriptions from the following table, enter receiver information, date and time of product transfer, location of product transfer (e.g., port, position coordinates, or city), mode of transportation, and intended
route:
Then enter . . .
If you are the
shipper and . . .
(A) Receiver is on land
and transfer involves
one van, truck, or vehicle.

(B) Receiver is on land
and transfer involves
multiple vans, trucks
or vehicles.

(C) Receiver is on land
and transfer involves
one airline flight.

(D) Receiver is on land
and transfer involves
multiple airline flights.

(E) Receiver is a vessel
and transfer occurs at
sea.
(F) Receiver is a vessel
and transfer takes
place in port.
(G) Receiver is an
agent (buyer, distributor, shipping
agent) and transfer is
in a containerized
van(s).

Receiver

Date & time of product
transfer

Location of product
transfer

Mode of transportation
and intended route

Receiver name and
Federal fisheries,
Federal processor, or
Federal crab vessel
permit number (if
any).
Receiver name and
Federal fisheries,
Federal processor, or
Federal crab vessel
permit number (if
any).
Receiver name and
Federal fisheries,
Federal processor, or
Federal crab vessel
permit number (if
any).
Receiver name and
Federal fisheries,
Federal processor, or
Federal crab vessel
permit number (if
any).
Vessel name and call
sign.

Date and time when
shipment leaves the
plant.

Port or city of product
transfer.

Name of the shipping
company; destination
city and state or foreign country.

Date and time when
loading of vans or
trucks, is completed
each day.

Port or city of product
transfer.

Name of the shipping
company; destination
city and state or foreign country.

Date and time when
shipment leaves the
plant.

Port or city of product
transfer.

Name of the airline
company; destination
airport city and state.

Date and time of shipment when the last
airline flight of the
day leaves.

Port or city of product
transfer.

Name of the airline
company(s); destination airport(s) city
and state.

Start and finish dates
and times of transfer.

The first destination of
the vessel.

Vessel name and call
sign.

Start and finish dates
and times of transfer.

Transfer position coordinates in latitude
and longitude, in degrees and minutes.
Port or position of product transfer.

Agent name and location (city, state).

Transfer start and finish
dates and times.

Port, city, or position of
product transfer.

Name (if available) of
the vessel transporting the van; destination port.

628

The first destination of
the vessel.

Fishery Conservation and Management

§ 679.5
Then enter . . .

If you are the
shipper and . . .
(H) You are aggregating
individual retail sales
for human consumption. (see paragraph
(g)(2) of this section).
(I) You are aggregating
individual bait sales
during a day onto one
PTR (non-IFQ
groundfish only).
(J) Non-IFQ Groundfish
only. You are aggregating wholesale nonIFQ groundfish product sales by species
during a single day
onto one PTR and
maintaining invoices
detailing destinations
for all of the product
for inspection by an
authorized officer.

Receiver

Date & time of product
transfer

Location of product
transfer

‘‘RETAIL SALES’’ ........

Date of transfer. ...........

Port or city of product
transfer.

N/A.

‘‘BAIT SALES’’ .............

Date of transfer. ...........

Port or city of product
transfer.

N/A.

‘‘WHOLESALE SALES’’

Time of the first sale of
the day; time of the
last sale of the day.

Port or city of product
transfer.

N/A.

(iv) Products shipped. The operator,
manager, Registered Buyer, or RCR
must record the following information
for each product shipped:
(A) Species code and product code. (1)
For non-IFQ groundfish, IFQ halibut,
IFQ sablefish, and CDQ halibut, the
species code and product code (Tables 1
and 2 to this part).
(2) For CR crab, the species code and
product code (Tables 1 and 2 to 50 CFR
part 680).
(B) Species weight. Use only if recording 2 or more species with 2 or more
product types contained within the
same production unit. Enter the actual
scale weight of each product of each
species to the nearest kilogram or
pound (indicate which). If not applicable, enter ‘‘n/a’’ in the species weight
column. If using more than one line to
record species in one carton, use a
brace ‘‘}’’ to tie the carton information
together.
(C) Number of units. Total number of
production units (blocks, trays, pans,
individual fish, boxes, or cartons; if
iced, enter number of totes or containers).
(D) Unit weight. Unit weight (average
weight of single production unit as listed in ‘‘No. of Units’’ less packing materials) for each species and product code
in kilograms or pounds (indicate
which).

Mode of transportation
and intended route

(E) Total weight. Total weight for
each species and product code of shipment less packing materials in kilograms or pounds (indicate which).
(F) Total or partial offload. (1) If a
mothership or catcher/processor, the
operator must indicate whether fish or
fish products are left onboard the vessel (partial offload) after the shipment
is complete.
(2) If a partial offload, for the products remaining on board after the
transfer, the operator must enter: Species code, product code, and total product weight to the nearest kilogram or
pound (indicate which) for each product.
(h) Check-in/Check-out report—(1) Requirement. Except as described in paragraph (h)(2) of this section, the operator
of
a
catcher/processor
or
mothership and manager of a shoreside
processor or SFP must submit to
NMFS a check-in report (BEGIN message) prior to becoming active and a
check-out report (CEASE message) for
every check-in report submitted. The
check-in report and check-out report
must be submitted by fax to 907–586–
7131.
(2) Exceptions—(i) VMS onboard. The
operator of a catcher/processor or
mothership is not required to submit
to NMFS a check-in report or check-

629

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

out report if the vessel is carrying onboard a transmitting VMS that meets
the requirements of § 679.28(f).
(ii) Two adjacent reporting areas. If on
the same day a catcher/processor intends to fish in two adjacent reporting
areas (an action which would require
submittal of check-out reports and
check-in reports multiple times a day
when crossing back and forth across a
reporting area boundary), and the two
reporting areas have on that day and
time an identical fishing status for
every species, the operator must:
(A) Submit to NMFS a check-in report to the first area prior to entering
the first reporting area, and
(B) Submit to NMFS a check-in report to the second area prior to entering the second reporting area.
(C) Remain within 10 nautical miles
(18.5 km) of the boundary described in
paragraph (h)(2)(ii) of this section.
For ...
(i) Each reporting area, except area 300, 400, 550,
or 690

(ii) COBLZ or RKCSA

(iii) Gear Type

If you are a ...

(D) If the catcher/processor proceeds
in the second reporting area beyond 10
nautical miles (18.5 km) of the boundary between the two areas, the operator must submit a check-out report
from the first reporting area. The operator must submit a check-out report
from the second area upon exiting that
reporting area.
(3) Transit through reporting areas.
The operator of a catcher/processor or
mothership is not required to submit a
check-in or check-out report if the vessel is transiting through a reporting
area and is not fishing or receiving
fish.
(4) Time limits and submittal. Except as
indicated in paragraph (h)(2) of this
section, the operator or manager must
submit a check-in report and a checkout report according to the following
table:
Submit a BEGIN message

Submit a CEASE message

(A) C/P using trawl gear

Before gear deployment.

Within 24 hours after departing a reporting area but prior
to checking in to another reporting area.

(B) C/P using longline or pot
gear

Before gear deployment. May
be checked in to more than
one area simultaneously.

Upon completion of gear retrieval and within 24 hours
after departing each reporting
area.

(C) MS

Before receiving groundfish,
must check-in to reporting
area(s) where groundfish were
harvested.
May be checked in to more
than one area simultaneously.

Within 24 hours after receipt
of fish is complete from that
reporting area.
If receipt of groundfish from a
reporting area is expected to
stop for at least one month
during the fishing year and
then start up again, may submit check-out report for that
reporting area.

(A) C/P using trawl gear

Prior to fishing. Submit one
check-in for the COBLZ or
RKCSA and another check-in
for the area outside the
COBLZ or RKCSA.

Upon completion of gear retrieval for groundfish, submit a
separate check-out for the
COBLZ or RKCSA and another check-out for the area
outside the COBLZ or
RKCSA.

(B) MS

Before receiving groundfish
harvested with trawl gear that
were harvested in the COBLZ
or RKCSA, submit one checkin for the COBLZ or RKCSA
and another check-in for the
area outside the COBLZ or
RKCSA.

Upon completion of groundfish
receipt, submit a separate
check-out for the COBLZ or
RKCSA and another checkout for the area outside the
COBLZ or RKCSA.

(A) C/P

If in the same reporting area
but using more than one gear
type, prior to fishing submit a
separate check-in for each
gear type.

Upon completion of gear retrieval for groundfish, submit a
separate check-out for each
gear type for which a check-in
was submitted.

630

Fishery Conservation and Management
For ...

Submit a BEGIN message

Submit a CEASE message

(B) MS

If harvested in the same reporting area but using more
than one gear type, prior to
receiving groundfish submit a
separate check-in for each
gear type.

Upon completion of receipt of
groundfish, submit a separate
check-out for each gear type
for which a check-in was submitted.

(A) MS

Prior to receiving groundfish
CDQ, if receiving groundfish
under more than one CDQ
number, use a separate
check-in for each CDQ number.

Within 24 hours after receipt
of groundfish CDQ has
ceased for each CDQ number.

(B) C/P

Prior to fishing, submit a separate check-in for each CDQ
number.

Within 24 hours after groundfish CDQ fishing for each
CDQ number has ceased.

(A) C/P

Prior to fishing, submit a separate check-in for each type.

Upon completion of receipt of
groundfish submit a separate
check-out for each type for
which a check-in was submitted.

(B) MS

Prior to receiving groundfish,
submit a separate check-in for
each type.

Upon completion of receipt of
groundfish submit a separate
check-out for each type for
which a check-in was submitted.

(A) C/P

Prior to AIP fishing.

Within 24 hours after completion of gear retrieval for AIP.

(B) MS

Before receiving AIP.

Within 24 hours after receipt
of AIP has ceased.

(vii) Processor Type

C/P, MS

If a catcher/processor and
functioning simultaneously as
a mothership in the same reporting area, before functioning as either processor
type.

Upon completion of simultaneous activity as both catcher/
processor and mothership, a
separate check-out, one for
catcher/processor and one for
mothership.

(viii) Change of fishing year

(A) C/P, MS

If continually active through
the end of one fishing year
and at the beginning of a second fishing year, submit a
check-in for each reporting
area to start the year on January 1.

If a check-out report was not
previously submitted during a
fishing year for a reporting
area, submit a check-out report for each reporting area
on December 31.

(B) SS, SFP

If continually active through
the end of one fishing year
and at the beginning of a second fishing year, submit a
check-in to start the year on
January 1.

If a check-out report was not
previously submitted during a
fishing year, submit a checkout report on December 31.

(ix) Interruption of production

SS, SFP, MS

n/a

If receipt of groundfish is expected to stop for at least one
month during the fishing year
and then start up again, the
manager or operator may
choose to submit a check-out
report.

(x) Change of location

AFA SFP

Before receiving groundfish.

Upon completion of receipt of
groundfish from a position and
before movement from that
position.

(iv) CDQ

(v) Exempted or Research
Fishery

(vi) Aleutian Islands Pollock
(AIP)

If you are a ...

§ 679.5

631

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(5) Required information. The operator
of a catcher/processor or mothership
and the manager of a shoreside processor or SFP must record the informa-

tion in the following table on a checkin report and a check-out report, as appropriate.
Check-in Report

Check-out Report

Required information
MS

C/P

SS, SFP

MS

C/P

SS, SFP

(i) Whether an original or revised report

X

X

X

X

X

X

(ii) Vessel name, ADF&G processor code, FFP
number

X

X

X

X

(iii) Processor name, ADF&G processor code, FPP
number

X

(iv) Representative name, business telephone
number, business fax number

X

X

(v) COMSAT number (if applicable)

X

(vi) Management program name (see paragraph
(a)(1)(iii) of this section) and identifying number
(if any). If harvest is not under one of these
management programs, leave blank.
(vii) Processor type, gear type

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

(viii) Date (mm/dd/yyyy) and time (A.l.t., military format)
(A) When receipt of groundfish will begin

X

X

(B) When gear deployment will begin

X

(C) When the last receipt or processing of groundfish was completed

X

(D) When the vessel departed the reporting area

X

X

(ix) Position coordinates
(A) Where groundfish receipt begins

X

(B) Where receiving groundfish (if SFP):

X

(C) Where gear is deployed

X

(D) Where the last receipt of groundfish was completed

X

(E) Where the vessel departed the reporting area

X

(x) Reporting area code
(A) Where gear deployment begins
(B) Where groundfish harvest occurred

X
X

(C) Where the last receipt of groundfish was completed

X

(D) Where the vessel departed the reporting area

X

(xi) Primary and secondary target species (A change in intended target species within the same reporting area does not require a new BEGIN message.)
(A) Expected to be received the following week

X

(B) Expected to be harvested the following week

X

(xii) Indicate (YES or NO) whether this is a checkin report

X

(xiii) If YES, indicate

632

Fishery Conservation and Management

§ 679.5
Check-in Report

Check-out Report

Required information
MS

C/P

SS, SFP

(A) If checking-in for the first time this fishing year

X

(B) If checking-in to restart receipt and processing
of groundfish after filing a check-out report

X

(xiv) Indicate (YES or NO) whether this is a checkout report
(xv) If YES, enter date facility ceased to receive or
process groundfish.
(xvi) Indicate product weight of all fish or fish products (including non groundfish) remaining at the
facility (other than public cold storage) by species code and product code. Indicate if recorded
to the nearest pound or to the nearest 0.001 mt.

MS

C/P

SS, SFP

X
X
X

X

(i) Weekly production report (WPR).
The WPR is removed from use. Instead
of a WPR, the operator of a mothership
or catcher/processor and the manager
of a shoreside processor or SFP must
submit all landings information, production information, and discard and
disposition
information
using
eLandings or other NMFS-approved
software (see paragraph (e) of this section).
(j) [Reserved]
(k) U.S. Vessel Activity Report (VAR).
For a comparison of forms used for
shipping, transporting, or transferring
fish or fish product, see Table 13 to this
part.
(1) Fish or fish product onboard. Except as noted in paragraph (k)(4) of this
section, the operator of a catcher vessel greater than 60 ft (18.3 m) LOA, a
catcher/processor, or a mothership required to hold a Federal fisheries permit issued under this part and carrying
fish or fish product onboard must complete and submit a VAR by facsimile or
electronic file to OLE, Juneau, AK
(907–586–7313) before the vessel crosses
the seaward boundary of the EEZ off
Alaska or crosses the U.S.-Canadian
international boundary between Alaska and British Columbia.
(2) Combination of non-IFQ groundfish
with IFQ halibut, CDQ halibut, IFQ sablefish or CR crab. If a vessel is carrying
non-IFQ groundfish and IFQ halibut,
CDQ halibut, IFQ sablefish or CR crab,
the operator must submit a VAR in addition to an IFQ Departure Report required by paragraph (l)(4) of this section.

(3) Revised VAR. If fish or fish products are landed at a port other than the
one specified on the VAR, the operator
must submit a revised VAR showing
the actual port of landing before any
fish are offloaded.
(4) Exemption: IFQ Departure Report. A
VAR is not required if a vessel is carrying only IFQ halibut, CDQ halibut,
IFQ sablefish, or CR crab onboard and
the operator has submitted an IFQ Departure Report required by paragraph
(l)(4) of this section.
(5) Information required. (i) Whether
original or revised VAR.
(ii) Name and Federal fisheries permit number of vessel or RCR permit
number.
(iii) Type of vessel (whether catcher
vessel,
catcher/processor,
or
mothership).
(iv) Name, daytime telephone number (including area code), and facsimile
number and COMSAT number (if available) of representative.
(v) Return report. ‘‘Return,’’ for purposes of this paragraph, means returning to Alaska. If the vessel is crossing
the seaward boundary of the EEZ off
Alaska or crossing the U.S.-Canadian
international boundary between Alaska and British Columbia into U.S.
waters, indicate a ‘‘return’’ report and
enter:
(A) Intended Alaska port of landing
(see Table 14a to this part);
(B) Estimated date and time (hour
and minute, Greenwich mean time) the
vessel will cross the boundary; and
(C) The estimated position coordinates in latitude and longitude where
the vessel will cross.

633

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(vi) Depart report. ‘‘Depart’’ means
leaving Alaska. If the vessel is crossing
the seaward boundary of the EEZ off
Alaska and moving out of the EEZ or
crossing the U.S.-Canadian international boundary between Alaska and
British Columbia and moving into Canadian waters, indicate a ‘‘depart’’ report and enter:
(A) The intended U.S. port of landing
or country other than the United
States (see Table 14b to this part);
(B) Estimated date and time (hour
and minute, Greenwich mean time) the
vessel will cross the boundary; and
(C) The estimated position coordinates in latitude and longitude where
the vessel will cross.
(vii) The Russian Zone. Indicate
whether the vessel is returning from
fishing in the Russian Zone or is departing to fish in the Russian Zone.
(viii) Fish or fish products. For all fish
or fish products (including non-groundfish) on board the vessel, enter:
(A) Harvest zone code;
(B) Species codes;
(C) Product codes; and
(D) Total fish product weight in lbs
or to the nearest 0.001 mt (2.20 lb).
(l) IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab R&R. In addition to
the R&R requirements in this section,
in 50 CFR part 680 with respect to CR
crab, and as prescribed in the annual
management measures published in the
FEDERAL REGISTER pursuant to § 300.62
of this title, the following reports and
authorizations are required, when applicable: IFQ Prior Notice of Landing,
Product Transfer Report (see § 679.5(g)),
IFQ landing report, IFQ Transshipment
Authorization, and IFQ Departure Report.
(1) IFQ Prior Notice of Landing
(PNOL)—(i) Time limits and submittal.
(A) Except as provided in paragraph
(l)(1)(iv) of this section, the operator of
any vessel making an IFQ landing
must notify OLE, Juneau, AK, no fewer
than 3 hours before landing IFQ halibut, CDQ halibut, or IFQ sablefish, unless permission to commence an IFQ
landing within 3 hours of notification
is granted by a clearing officer.
(B) A PNOL must be made to the
toll-free telephone number 800–304–4846
or to 907–586–7163 between the hours of
0600 hours, A.l.t., and 2400 hours, A.l.t.

(ii) Revision to PNOL. The operator of
any vessel wishing to make an IFQ
landing before the date and time
(A.l.t.) reported in the PNOL or later
than 2 hours after the date and time
(A.l.t.) reported in the PNOL must submit a new PNOL as described in paragraphs (l)(1)(i) and (iii) of this section.
(iii) Information required. A PNOL
must include the following:
(A) Vessel name and ADF&G vessel
registration number;
(B) Port of landing and port code
from Tables 14a and 14b to this part;
(C) Exact location of landing within
the port (i.e., dock name, harbor name,
facility name, or geographical coordinates);
(D) The date and time (A.l.t.) that
the landing will take place;
(E) Species and estimated weight (in
pounds) of the IFQ halibut, CDQ halibut or IFQ sablefish that will be landed;
(F) IFQ regulatory area(s) in which
the IFQ halibut, CDQ halibut, or IFQ
sablefish were harvested;
(G) IFQ permit number(s) that will be
used to land the IFQ halibut, CDQ halibut, or IFQ sablefish;
(H) Gear type used to harvest the IFQ
sablefish or IFQ halibut (see Table 15
to this part); and
(I) If using longline pot gear in the
GOA or pot gear in the BSAI, report
the number of pots set, the number of
pots lost, and the number of pots left
deployed on the fishing grounds.
(iv) Exemption—(A) Halibut. An IFQ
landing of halibut of 500 lb or less of
IFQ weight determined pursuant to
§ 679.40(h) and concurrent with a legal
landing of salmon harvested using hand
troll gear or power troll gear is exempt
from the PNOL required by this section.
(B) Lingcod. An IFQ landing of halibut of 500 lb or less of IFQ weight determined pursuant to § 679.40(h) and
concurrent with a legal landing of
lingcod harvested using dinglebar gear
is exempt from the PNOL required by
this section.
(2) IFQ landing—(i) Remain at landing
site. Once the landing has commenced,
the IFQ permit holder, the IFQ hired
master permit holder, or the CDQ hired

634

Fishery Conservation and Management
master permit holder, and the harvesting vessel may not leave the landing site until the IFQ halibut, IFQ sablefish, or CDQ halibut account is properly debited (see § 679.40(h)).
(ii) No movement of IFQ halibut, CDQ
halibut, or IFQ sablefish. The offloaded
IFQ halibut, CDQ halibut, or IFQ sablefish may not be moved from the landing site until the IFQ Landing Report
is completed through eLandings or
other NMFS-approved software and the
IFQ permit holder’s or CDQ permit
holder’s account is properly debited
(see § 679.40(h)).
(iii) Single offload site—(A) IFQ halibut and CDQ halibut. The vessel operator who lands IFQ halibut or CDQ halibut must continuously and completely
offload at a single offload site all halibut onboard the vessel.
(B) IFQ sablefish. The vessel operator
who lands IFQ sablefish must continuously and completely offload at a single offload site all sablefish onboard
the vessel.
(3) Transshipment authorization. For a
comparison of forms used for shipping,
transporting, or transferring fish or
fish product, see Table 13 to this part.
(i) No person may transship processed IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab between vessels
without authorization by a local clearing officer. Authorization from a local
clearing officer must be obtained for
each instance of transshipment at least
24 hours before the transshipment is intended to commence.
(ii) Information required. To obtain a
Transshipment Authorization, the vessel operator must provide the following
information to the clearing officer:
(A) Date and time (A.l.t.) of transshipment;
(B) Location of transshipment;
(C) Name and ADF&G vessel registration number of vessel offloading transshipment;
(D) Name of vessel receiving the
transshipment;
(E) Product destination;
(F) Species and product type codes;
(G) Total product weight;
(H) Time (A.l.t.) and date of the request;
(I) Name, telephone number, FAX
number (if any) for the person making
the request.

§ 679.5
(4) IFQ departure report. For a comparison of forms used for shipping,
transporting, or transferring fish or
fish product, see Table 13 to this part.
(i) General requirements—(A) Time limit
and submittal. A vessel operator who intends to make a landing of IFQ halibut,
CDQ halibut, IFQ sablefish, or CR crab
at any location other than in an IFQ
regulatory area for halibut and sablefish or in a crab fishery for CR crab (see
Table 1 to part 680) in the State of
Alaska must submit an IFQ Departure
Report, by telephone, to OLE, Juneau,
AK, (800–304–4846 or 907–586–7163) between the hours of 0600 hours, A.l.t.,
and 2400 hours, A.l.t.
(B) Completion of fishing. A vessel operator must submit an IFQ Departure
Report after completion of all fishing
and prior to departing the waters of
the EEZ adjacent to the jurisdictional
waters of the State of Alaska, the territorial sea of the State of Alaska, or
the internal waters of the State of
Alaska when IFQ halibut, CDQ halibut,
IFQ sablefish, or CR crab are on board.
(C) Permit—(1) Registered Crab Receiver
permit. A vessel operator submitting an
IFQ Departure Report for CR crab
must have a Registered Crab Receiver
permit.
(2) Registered Buyer permit. A vessel
operator submitting an IFQ Departure
Report for IFQ halibut, CDQ halibut, or
IFQ sablefish must have a Registered
Buyer permit.
(D) First landing of any species. A vessel operator submitting an IFQ Departure Report must submit IFQ landing
reports for all IFQ halibut, CDQ halibut, and IFQ sablefish on board at the
same time and place as the first landing of any IFQ halibut, CDQ halibut, or
IFQ sablefish.
(E) Permits on board. (1) A vessel operator submitting an IFQ Departure Report to document IFQ halibut or IFQ
sablefish must have one or more IFQ
permit holders or IFQ hired master
permit holders on board with a combined IFQ balance equal to or greater
than all IFQ halibut and IFQ sablefish
on board the vessel.
(2) A vessel operator submitting an
IFQ Departure Report to document
CDQ halibut must ensure that one or
more CDQ hired master permit holders
are onboard with enough remaining

635

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

halibut CDQ balance to harvest
amounts of CDQ halibut equal to or
greater than all CDQ halibut onboard.
(3) A vessel operator submitting an
IFQ Departure Report to document CR
crab must have one or more permit
holders on board with a combined CR
balance equal to or greater than all CR
crab on board the vessel.
(ii) Required information. When submitting an IFQ Departure Report, the
vessel operator must provide the following information:
(A) Intended date, time (A.l.t.), and
location of landing;
(B) Vessel name and ADF&G vessel
registration number;
(C) Vessel operator’s name and Registered Buyer permit or Registered
Crab Receiver permit number;
(D) Halibut IFQ, halibut CDQ, sablefish IFQ, and CR crab permit numbers
of IFQ and CDQ permit holders on
board;
(E) Area of harvest. (1) If IFQ or CDQ
halibut, then halibut regulatory areas
(see Figure 15 to this part).
(2) If IFQ sablefish, then sablefish
regulatory areas (see Figure 14 to this
part).
(3) If CR crab, then the crab rationalization fishery code (see Table 1 to part
680).
(F) Estimated total weight as appropriate of IFQ halibut, CDQ halibut, IFQ
sablefish, or CR crab on board (lb/kg/
mt).
(iii) Revision to Departure Report. A
vessel operator who intends to make an
IFQ landing at a location different
from the location named on the IFQ
Departure report must submit a revised report naming the new location
at least 12 hours in advance of the offload. Revisions must be submitted by
telephone, to OLE, Juneau, AK, (800–
304–4846 or 907–586–7163) between the
hours of 0600 hours, A.l.t., and 2400
hours, A.l.t.
(5) Landing verification, inspection and
record retention—(i) Verification and inspection. Each IFQ landing and all fish
retained on board the vessel making an
IFQ landing are subject to verification
and inspection by authorized officers.
(ii) Record retention. The IFQ permit
holder, IFQ hired master permit holder, or CDQ hired master permit holder
must retain a legible copy of all Land-

ing Report receipts, and the Registered
Buyer must retain a copy of all reports
and receipts required by this section.
All retained records must be available
for inspection by an authorized officer:
(A) Until the end of the fishing year
during which the records were made
and for as long thereafter as fish or fish
products recorded are retained onboard
the vessel or at the facility; and
(B) Upon request of an authorized officer for 3 years after the end of the
fishing year during which the records
were made.
(6) Sampling—(i) Each IFQ landing
and all fish retained onboard a vessel
making an IFQ landing are subject to
sampling by NMFS-authorized observers.
(ii) Each IFQ halibut landing or CDQ
halibut landing is subject to sampling
for biological information by persons
authorized by the IPHC.
(7) IFQ cost recovery program—(i) IFQ
Registered Buyer Ex-vessel Volume and
Value Report (IFQ Buyer Report)—(A)
Applicability. An IFQ Registered Buyer
that operates as a shoreside processor
and receives and purchases IFQ landings of sablefish or halibut or CDQ
landings of halibut must submit annually to NMFS a complete IFQ Buyer
Report as described in this paragraph
(l) and as provided by NMFS for each
reporting period, as described at
§ 679.5(1)(7)(i)(E), in which the Registered Buyer receives IFQ fish or CDQ
halibut.
(B) Due date. A complete IFQ Buyer
Report must be postmarked or received
by the Regional Administrator not
later than October 15 following the reporting period in which the IFQ Registered Buyer receives the IFQ fish or
CDQ halibut.
(C) Information required. A complete
IFQ Buyer Report must include the following information as instructed on
the
report
form
at
http://
alaskafisheries.noaa.gov/ram:
(1) IFQ Registered Buyer identification.
(2) Pounds purchased and values paid.
(i) The monthly total weights, represented in IFQ equivalent pounds by
IFQ species or CDQ halibut, that were
landed at the landing port location and
purchased by the IFQ Registered
Buyer;

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Fishery Conservation and Management
(ii) The monthly total gross ex-vessel
value, in U.S. dollars, of IFQ pounds,
by IFQ species or CDQ halibut, that
were landed at the landing port location and purchased by the IFQ Registered Buyer;
(3) Value paid for price adjustments—(i)
Retro-payments. The monthly total U.S.
dollar amount of any retro-payments
(correlated by IFQ species or CDQ halibut, landing month(s), and month of
payment) made in the current year to
IFQ, or to CDQ halibut permit holders
for landings made during the previous
calendar year;
(ii) Electronic submittal. Certification,
including the NMFS ID and password
of the IFQ Registered Buyer; or
(iii) Non-electronic submittal. Certification, including the printed name and
signature of the individual submitting
the IFQ Buyer Report on behalf of the
Registered Buyer, and date of signature.
(D) Submittal. If applicable, the Registered Buyer must complete an IFQ
Buyer Report and submit by mail or
FAX to NMFS at the address provided
on the form, or electronically to NMFS
online at http://alaskafisheries.noaa.gov/
ram.
(E) Reporting period. The reporting
period of the IFQ Buyer Report shall
extend from October 1 through September 30 of the following year, inclusive.
(ii) IFQ Permit Holder Fee Submission
Form—(A) Applicability. An IFQ permit
holder who holds an IFQ permit
against which a landing was made or
an RQE that holds RFQ must submit to
NMFS a complete IFQ Permit Holder
Fee Submission Form provided by
NMFS.
(B) Due date and submittal. A complete IFQ Permit Holder Fee Submission Form must be postmarked or received by the Regional Administrator
not later than January 31 following the
calendar year in which any IFQ landing
was made.
(C) Completed application. NMFS will
process an IFQ Permit Holder Fee Submission Form provided that a paper or
electronic form is completed by the
IFQ permit holder or an RQE that
holds RFQ, with all applicable fields
accurately filled in, and all required
additional documentation is attached.

§ 679.5
(D) IFQ landing summary and estimated fee liability. NMFS will provide to
an IFQ permit holder and an RQE that
holds RFQ an IFQ Landing and Estimated Fee Liability page as required
by § 679.45(a)(2). The IFQ permit holder
must either accept the accuracy of the
NMFS estimated fee liability associated with his or her IFQ landings for
each IFQ permit, or calculate a revised
IFQ fee liability in accordance with
paragraph (l)(7)(ii)(E) of this section.
The IFQ permit holder may calculate a
revised fee liability for all or part of
his or her IFQ landings.
(E) Revised fee liability calculation. To
calculate a revised fee liability, an IFQ
permit holder must multiply the IFQ
percentage in effect by either the IFQ
actual ex-vessel value or the IFQ
standard ex-vessel of the IFQ landing.
If parts of the landing have different
values, the permit holder must apply
the appropriate values to the different
parts of the landings.
(F) Documentation. If NMFS requests
in writing that a permit holder submit
documentation establishing the factual
basis for a revised IFQ fee liability, the
permit holder must submit adequate
documentation by the 30th day after
the date of such request. Examples of
such documentation regarding initial
sales transactions of IFQ landings include valid fish tickets, sales receipts,
or check stubs that clearly identify the
IFQ landing amount, species, date,
time, and ex-vessel value or price.
(G) Reporting period. The reporting
period of the IFQ Permit Holder Fee
Submission Form shall extend from
January 1 to December 31 of the year
prior to the January 31 due date.
(8) An annual report on the halibut
and sablefish IFQ activity must be submitted by the CQE as required at
§ 679.5(t).
(9) Recreational Quota Entity Program
annual report. An annual report on RQE
activities must be submitted to NMFS
by the RQE as required at § 679.5(v).
(10) A report on annual IFQ regulatory areas 4B, 4C, and 4D Halibut IFQ
transfer activities must be submitted
to NMFS and the Council by a CDQ
group as required at § 679.5(w).
(m) CDQ Vessel Registration—(1) Registration. The representative for a CDQ
group must register each vessel that is

637

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

to receive the exemption from the LLP
license requirements at § 679.4(k)(2)(vi)
through the CDQ vessel registration
system available on the NMFS Alaska
Region
Web
site
(http://
alaskafisheries.noaa.gov).
The
CDQ
group representative must log into the
CDQ vessel registration system and
provide the information required on
the computer screen. NMFS will add
each vessel successfully registered to
the CDQ vessel registration list on the
NMFS Alaska Region Web site at http://
alaskafisheries.noaa.gov.
(2) Responsibility. The CDQ group representative must successfully complete
vessel registration through the CDQ
vessel registration system before the
vessel may be used to conduct groundfish CDQ fishing under § 679.32(c)(3)(iii)
without an LLP license. By using the
CDQ group’s NMFS ID and password
and submitting the vessel registration
request, the CDQ group representative
certifies that all information is true,
correct, and complete.
(3) LLP exemption letter. The CDQ vessel registration system will provide the
CDQ group representative with an LLP
exemption letter documenting that the
registered vessel is exempt from the
LLP when groundfish CDQ fishing. The
CDQ group representative must provide
a copy of the LLP exemption letter to
the operator of the registered vessel
named in the LLP exemption letter.
The operator of the registered vessel
named in the LLP exemption letter
must maintain a legible copy of the
LLP exemption letter on board the registered vessel at all times when that
vessel is groundfish CDQ fishing.
(4) Removing a vessel from the CDQ vessel registration list. A CDQ group representative may remove a vessel from
the CDQ vessel registration system by
logging into the online system and following the applicable instructions. A
CDQ group representative may remove
a registered vessel from the CDQ vessel
registration list at any time but must
certify at the time of removal that the
vessel operator had been given notice
by the CDQ group that the vessel is
going to be removed from the list and
that the vessel is not groundfish CDQ
fishing at the time of removal. A vessel
that is successfully removed from the
CDQ vessel registration list is no

longer exempt from the LLP requirements under § 679.4(k).
(n) CDQ and PSQ transfers—
(1) CDQ or PSQ transfer. NMFS will
process a request for CDQ or PSQ
transfer between CDQ groups provided
that the requirements of this paragraph are met.
(2) Completed application. A paper or
electronic request form must be completed with all information fields accurately filled in by transferors and
transferees, and all required additional
documentation must be attached.
(3) Certification of transferor—(i) Nonelectronic submittal. The transferor’s
designated representative must sign
and date the application certifying
that all information is true, correct,
and complete. The transferor’s designated representative must submit
the paper application as indicated on
the application.
(ii) Electronic submittal. The transferor’s designated representative must
log into the system and create a transfer request as indicated on the computer screen. By using the transferor’s
NMFS ID, password, and Transfer Key
and submitting the transfer request,
the designated representative certifies
that all information is true, correct,
and complete.
(4) Certification of transferee—(i) Nonelectronic submittal. The transferee’s
designated representative must sign
and date the application certifying
that all information is true, correct,
and complete.
(ii) Electronic submittal. The transferee’s designated representative must
log into the system and create a transfer request as indicated on the computer screen. By using the transferee’s
NMFS ID, password, and Transfer Key
and submitting the transfer request,
the designated representative certifies
that all information is true, correct,
and complete.
(o) [Reserved]
(p) Commercial Operator’s Annual Report (COAR)—(1) Requirement. The
owner of a mothership or catcher/processor must annually complete and submit to ADF&G the appropriate Forms
A through M and COAR certification
page for each year in which the
mothership or catcher/processor was
issued a Federal Fisheries permit. The

638

Fishery Conservation and Management
owner of a mothership must include all
fish received and processed during the
year, including fish received from an
associated tender vessel. The ADF&G
COAR is further described under Alaska Administrative Code (5 AAC 39.130)
(see § 679.3 (b)(2)).
(2) Time limit and submittal of COAR.
The owner of a mothership or catcher/
processor must submit to ADF&G the
appropriate Forms A through M and
COAR certification page by April 1 of
the year following the year for which
the report is required to the following
address:
ADF&G Division of Commercial Fisheries, Attn: COAR, P.O. Box 25526, Juneau, AK 99802–5526
(3) Information required, certification
page. The owner of a mothership or
catcher/processor must:
(i) Enter the company name and address, including street, city, state, and
zip code; also seasonal mailing address,
if applicable.
(ii) Enter the vessel name and
ADF&G processor code.
(iii) Check YES or NO to indicate
whether fishing activity was conducted
during the appropriate year.
(iv) If response to paragraph (p)(3)(iii)
of this section is YES, complete the applicable forms of the COAR (see table
18 to this part) and complete and sign
the certification page.
(v) If response to paragraph (p)(3)(iii)
of this section is NO, complete and sign
only the certification page.
(vi) Sign and enter printed or typed
name, e-mail address, title, telephone
number, and FAX number of owner.
(vii) Enter printed or typed name, email address, and telephone number of
alternate contact.
(4) Buying information (exvessel),
Forms A (1-3), C (1-2), E, G, I (1-2), and
K—(i) Requirement. The owner of a
mothership (if the first purchaser of
raw fish) must complete and submit
the appropriate COAR buying forms (A
(1–3), C (1–2), E, G, I (1–2), and K) for
each species purchased from fishermen
during the applicable year.
(ii) Buying information required. The
owner of the mothership must record
the following information on the appropriate COAR buying forms:
(A) Species name and code (see table
2 to this part).

§ 679.5
(B) Area purchased (see table 16 to
this part).
(C) Gear code (see table 15 to this
part).
(D) Delivery code (form G only) (see
table 1 to this part).
(E) Total weight (to the nearest lb)
purchased from fishermen.
(F) Total amount paid to fishermen,
including all post- season adjustments
and/or bonuses and any credit received
by fishermen for gas expenses, ice, delivery premiums, and other miscellaneous expenses.
(G) Price per pound. If additional adjustments may be made after this report has been filed, the owner must
check the ‘‘$ not final’’ box, and submit
Form M when these adjustments are
paid. Do not include fish purchased
from another processor.
(5) Production forms, Forms B (1–6), D,
F, H, J (1–2), and K). For purposes of
this paragraph, the total wholesale
value is the amount that the processor
receives for the finished product (free
on board pricing mothership or catcher/processor). For products finished but
not yet sold (still held in inventory),
calculate the estimated value using the
average price received to date for that
product.
(i) Requirement—(A) Mothership. The
owner of a mothership must record and
submit the appropriate COAR production forms (B(1–6), D, F, H, J(1–2), and
K) for all production that occurred for
each species during the applicable
year:
(1) That were purchased from fishermen on the grounds and/or dockside,
including both processed and unprocessed seafood.
(2) That were then either processed
on the mothership or exported out of
the State of Alaska.
(B) Catcher/processor. The owner of a
catcher/processor must record and submit the appropriate COAR production
forms (B(1–6), D, F, H, J (1–2), and K)
for each species harvested during the
applicable year that were then either
processed on the vessel or exported out
of the State of Alaska.
(ii) Information required, non-canned
production—(A) Enter area of processing (see table 16 to this part). List
production of Canadian-harvested fish
separately.

639

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

(B) Processed product. Processed
product must be described by entering
three codes:
(1) Process prefix code (see table 17 to
this part)
(2) Process suffix code (see table 17 to
this part)
(3) Product code (see table 1 to this
part)
(C) Total net weight. Enter total
weight (in pounds) of the finished product.
(D) Total value($). Enter the total
wholesale value of the finished product.
(E) Enter price per pound of the finished product.
(iii) Information required, canned production. Complete an entry for each can
size produced:
(A) Enter area of processing (see
table 16 to this part).
(B) Process 51 or 52. Enter conventional canned code (51) or smoked, conventional canned code (52).
(C) Total value($). Enter the total
wholesale value of the finished product.
(D) Enter can size in ounces, to the
hundredth of an ounce.
(E) Enter number of cans per case.
(F) Enter number of cases.
(6) Custom production forms, Form L (1–
2)—(i) Requirement. The owner of a
mothership or catcher/processor must
record and submit COAR production
form L (1–2) for each species in which
custom production was done by the
mothership or catcher/processor for another processor and for each species in
which custom production was done for
the mothership or catcher/processor by
another processor.
(ii) Custom-production by mothership or
catcher/processor for another processor. If
the mothership or catcher/processor
custom-processed fish or shellfish for
another processor during the applicable
year, the owner of the mothership or
catcher/processor must list the processor name and ADF&G processor code
(if known) to describe that processor,
but must not include any of that production in production form L (1–2).
(iii) Custom-production by another
processor for mothership or catcher/processor. If a processor custom-processed
fish or shellfish for the mothership or
catcher/processor during the applicable
year, the owner of the mothership or
catcher/processor must use a separate

page to list each processor and must
include the following information.
(A) Custom fresh/frozen miscellaneous
production. The owner of a mothership
or catcher/processor must list the following information to describe production intended for wholesale/retail market and that are not frozen for canning
later:
(1) Species name and code (see table
2 to this part).
(2) Area of processing (see table 16 to
this part).
(3) Processed product. Processed
product must be entered using three
codes:
(i) Process prefix code (see table 17 to
this part).
(ii) Process suffix code (see table 17 to
this part).
(iii) Product code (see table 1 to this
part).
(4) Total net weight. Enter total
weight in pounds of the finished product.
(5) Total wholesale value($). Enter
the total wholesale value of the finished product.
(B) Custom canned production. The
owner of a mothership or catcher/processor must list the following information to describe each can size produced
in custom canned production:
(1) Species name and code (see table
2 to this part).
(2) Area of processing (see table 16 to
this part).
(3) Process 51 or 52. Enter conventional canned code (51) or smoked, conventional canned code (52).
(4) Total wholesale value ($). Enter
the total wholesale value of the finished product.
(5) Can size in ounces, to the hundredth of an ounce.
(6) Number of cans per case.
(7) Number of cases.
(7) Fish buying retro payments/post-season adjustments, Form M—(i) Requirement. The owner of a mothership must
record and submit COAR production
Form M to describe additional adjustments and/or bonuses awarded to a
fisherman, including credit received by
fishermen for gas expenses, ice, delivery premiums, and other miscellaneous
expenses.

640

Fishery Conservation and Management
(ii) Information required—(A) Enter
species name and code (see table 2 to
this part).
(B) Enter area purchased (see table 16
to this part)
(C) Enter gear code (see table 16 to
this part).
(D) Enter total pounds purchased
from fisherman.
(E) Enter total amount paid to fishermen (base + adjustment).
(q) AI directed pollock fishery catch reports—(1) Applicability. The Aleut Corporation shall provide NMFS the identity of its designated contact for the
Aleut Corporation. The Aleut Corporation shall submit to the Regional Administrator a pollock catch report containing information required by paragraph (q)(3) of this section.
(2) Time limits and submittal. (i) The
Aleut Corporation must submit its AI
directed pollock fishery catch reports
by one of the following methods:
(A) An electronic data file in a format approved by NMFS; or
(B) By fax.
(ii) The AI directed pollock fishery
catch reports must be received by the
Regional Administrator by 1200 hours,
A.l.t. on Tuesday following the end of
the applicable weekly reporting period,
as defined at § 679.2.
(3) Information required. The AI directed pollock fishery catch report
must contain the following information:
(i) Catcher vessel ADF&G number;
(ii) Federal fisheries or Federal processor permit number;
(iii) Delivery date;
(iv) Pollock harvested:
(A) For shoreside and stationary
floating processors and motherships,
the amount of pollock (in lb for shoreside and stationary floating processors
and in mt for motherships) delivered,
including the weight of at-sea pollock
discards; and
(B)
For
catcher/processors,
the
amount of pollock (in mt) harvested
and processed, including the weight of
at-sea pollock discards; and
(v) ADF&G fish ticket number.
(r) Rockfish Program—(1) General. The
owners and operators of catcher vessels, catcher/processors, and shoreside
processors authorized as participants
in the Rockfish Program must comply

§ 679.5
with the applicable recordkeeping and
reporting requirements of this section
and must assign all catch to a rockfish
cooperative or rockfish sideboard fishery, as applicable at the time of catch
or receipt of groundfish. All owners of
catcher vessels, catcher/processors, and
shoreside processors authorized as participants in the Rockfish Program
must ensure that their designated representatives or employees comply with
all applicable recordkeeping and reporting requirements.
(2) Logbook—(i) DFL. Operators of
catcher vessels equal to or greater than
60 ft (18.3 m) LOA participating in a
Rockfish Program fishery and using
trawl gear must maintain a daily fishing logbook for trawl gear as described
in paragraphs (a) and (c) of this section.
(ii) ELB. Operators of catcher/processors permitted in the Rockfish Program must use a combination of
NMFS-approved
catcher/processor
trawl gear ELB and eLandings to
record and report groundfish and PSC
information as described in paragraph
(f) of this section to record Rockfish
Program landings and production.
(3) eLandings. Managers of shoreside
processors that receive rockfish primary species or rockfish secondary species in the Rockfish Program must use
eLandings or NMFS-approved software
as described in paragraphs (e) and (f) of
this section, instead of a logbook and
WPR, to record Rockfish Program
landings and production.
(4) Production reports. Operators of
catcher/processors that are authorized
as processors in the Rockfish Program
must submit a production report as described in paragraphs (e)(9) and (10) of
this section.
(5) Product transfer report (PTR), processors. Operators of catcher/processors
and managers of shoreside processors
that are authorized as processors in the
Rockfish Program must submit a PTR
as described in paragraph (g) of this
section.
(6) [Reserved]
(7) Vessel monitoring system (VMS) requirements (see § 679.28(f)).
(8) Rockfish cooperative vessel check-in
and check-out report—(i) Applicability—
(A) Vessel check-in. The designated representative of a rockfish cooperative

641

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

must designate any vessel that is authorized to fish under the rockfish cooperative’s CQ permit before that vessel may fish under that CQ permit
through a check-in procedure. The designated representative for a rockfish
cooperative must submit to NMFS, in
accordance with (8)(ii), a check-in designation for a vessel:
(1) At least 24 hours prior to the time
the catcher vessel begins a fishing trip
to fish under a CQ permit; or
(2) At least 1 hour prior to the time
the catcher/processor begins a fishing
trip to fish under a CQ permit; and
(3) A check-in designation is effective
at the beginning of the first fishing
trip after the designation has been submitted.
(B) Vessel check-out. The designated
representative of a rockfish cooperative must designate any vessel that is
no longer fishing under a CQ permit for
that rockfish cooperative through a
check-out procedure. A check-out report must be submitted to NMFS, in
accordance with (8)(ii), within 6 hours
after the effective date and time the
rockfish cooperative ends the vessel’s
authority to fish under the CQ permit.
(1) If the vessel is fishing under a CQ
permit for a catcher vessel cooperative,
a check-out designation is effective at
the end of a complete offload;
(2) If the vessel is fishing under a CQ
permit for a catcher/processor cooperative, a check-out designation is effective upon submission to NMFS.
(ii) Submittal. The designated representative of the rockfish cooperative
must submit a vessel check-in or
check-out report electronically. The
rockfish cooperative’s designated representative must log into the online
system and create a vessel check-in or
vessel check-out request as indicated
on the computer screen. By using the
NMFS ID password and submitting the
transfer request, the designated representative certifies that all information is true, correct, and complete.
(iii) Information required. The vessel
check-in or check-out report must contain the following information:
(A) CQ permit number;
(B) ADF&G vessel registration number(s) of vessel(s) designated to fish
under the CQ permit;

(C) USCG designation number(s) of
vessel(s) designated to fish under the
CQ permit; and
(D) Date and time when check-in or
check-out begins.
(9) Rockfish CQ cost recovery fee submission (See § 679.85).
(10) Rockfish Ex-vessel Volume and
Value Report—(i) Applicability. A rockfish processor (as defined at § 679.2) that
receives and purchases landings of
rockfish CQ groundfish must submit
annually to NMFS a complete Rockfish
Ex-vessel Volume and Value Report, as
described in this paragraph (r)(10), for
each reporting period for which the
rockfish processor receives rockfish CQ
groundfish.
(ii) Reporting period. The reporting
period of the Rockfish Ex-vessel Volume and Value Report shall extend
from May 1 through November 15 of
each year.
(iii) Due date. A complete Rockfish
Ex-vessel Volume and Value Report
must be received by the Regional Administrator not later than December 1
of the year in which the rockfish processor received the rockfish CQ groundfish.
(iv) Information required. (A) The
rockfish processor must log in using
the rockfish processor’s password and
NMFS person ID to submit a Rockfish
Ex-vessel Volume and Value Report.
The NMFS software autofills the rockfish processor’s name. The User must
review the autofilled cells to ensure
that they are accurate. A completed
application must contain the information specified on the Rockfish Ex-vessel Volume and Value Report with all
applicable fields accurately filled-in.
(B) Certification. By using the rockfish processor NMFS ID and password
and submitting the report, the rockfish
processor certifies that all information
is true, correct, and complete to the
best of his or her knowledge and belief.
(v) Submittal. The rockfish processor
must complete and submit online by
electronic submission to NMFS the
Rockfish Ex-vessel Volume and Value
Report
available
at
https://
alaskafisheries.noaa.gov.
(s) Amendment 80 Program—(1) General. The owners and operators of
Amendment 80 vessels must comply
with the applicable recordkeeping and

642

Fishery Conservation and Management

§ 679.5

reporting requirements of this section.
All owners of Amendment 80 vessels
must ensure that their designated representatives or employees comply with
all applicable recordkeeping and reporting requirements.
(2)
Logbook-DCPL.
Operators
of
Amendment 80 vessels must use a daily
cumulative production logbook for
trawl gear as described in paragraph (a)
of this section to record Amendment 80
Program landings and production.
(3) Check-in/check-out report, processors. Operators or managers of an
Amendment 80 vessel must submit
check-in/check-out reports as described
in paragraph (h) of this section.
(4) Production report. Operators of
Amendment 80 vessels that use a DCPL
must submit a production report as described in paragraph (e)(10) of this section.
(5) Product transfer report (PTR), processors. Operators of Amendment 80 vessels must submit a PTR as described in
paragraph (g) of this section.
(6) Annual Amendment 80 cooperative
report—(i) Applicability. An Amendment
80 cooperative issued a CQ permit must
submit annually to the Regional Administrator an Amendment 80 cooperative report detailing the use of the cooperative’s CQ.
(ii) Time limits and submittal. (A) The
annual Amendment 80 cooperative report must be submitted to the Regional
Administrator by an electronic data

file in a NMFS-approved format; by
fax: 907–586–7557; or by mail sent to the
Regional Administrator, NMFS Alaska
Region, P.O. Box 21668, Juneau, AK
99802–1668; and
(B) The annual Amendment 80 cooperative report for fishing activities
under a CQ permit issued for the prior
calendar year must be received by the
Regional Administrator not later than
1700 hours A.l.t. on March 1 of each
year.
(iii) Information required. The annual
Amendment 80 cooperative report must
include at a minimum:
(A) The cooperative’s actual retained
and discarded catch of CQ and GOA
sideboard limited fisheries (if applicable) by statistical area and on a vesselby-vessel basis;
(B) A description of the method used
by the cooperative to monitor fisheries
in which cooperative vessels participated; and
(C) A description of any actions
taken by the cooperative against specific members in response to a member
that exceeded the amount of CQ that
the member was assigned to catch for
the Amendment 80 cooperative.
(D) For each Amendment 80 cooperative, the percent of groundfish retained
by that Amendment 80 cooperative of
the aggregate groundfish retained by
all Amendment 80 vessels assigned to
that Amendment 80 cooperative using
the following equations:

Substituting
the
value
for
GFroundweight into the following equation:
GFR% = (GFroundweight /TotalGF)* 100

for all Amendment 80 vessels assigned to
that Amendment 80 cooperative required
at § 679.5(e).
PRRspeciesn is the standard product recovery
rate for each groundfish species and
product combination listed in Table 3 to
this part.
GFR% is the groundfish retention percentage
for an Amendment 80 cooperative calculated as GFroundweight divided by the
total weight of groundfish catch.
TotalGF is the total groundfish round catch
weight for all Amendment 80 vessels assigned to that Amendment 80 cooperative

Where:
GFroundweight is the total annual round
weight equivalent of all retained product
weights retained by all Amendment 80
vessels assigned to that Amendment 80
cooperative for each IR/IU groundfish
species.
PWspeciesn is the total annual product weight
for each groundfish species listed in
Table 2a to this part by product type as
reported in the vessel’s production report

643

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

as measured by the flow scale measurement, less any non-groundfish, PSC species or groundfish species on prohibited
species status under § 679.20.

(E) For each Amendment 80 cooperative, a third party must audit the
Amendment 80 cooperative’s annual
groundfish retention calculations and
the Amendment 80 cooperative must
include the finding of the third party
audit in its Amendment 80 annual cooperative report.
(7) Vessel monitoring system (VMS) requirements (see § 679.28(f)).
(t) Community Entity Quota Program
Annual Report—(1) Applicability. A CQE
must submit an annual report on the
CQE’s administrative activities, business operation, and community fishing
activities for each calendar year it
holds any of the following: community
charter halibut permits as described at
§ 300.67(k) of this title, halibut and sablefish individual fishing quota (IFQ)
and quota shares (QS) as described at
§ 679.41(l)(3), and community Pacific
cod endorsed non-trawl groundfish license limitation program (LLP) licenses
as
described
at
§ 679.4(k)(10)(vi)(F)(2). The CQE may
combine annual reports about its holdings of community charter halibut permits, IFQ, and LLPs in one report. A
CQE must submit annual report data
for the community charter halibut permit, IFQ, and LLP permits it held during the calendar year. A CQE is not required to submit an annual report for
any calendar year in which it did not
hold any community charter halibut
permits, IFQ, or LLPs.
(2) Time limits and submittal. By January 31, the CQE must submit a complete annual report for the prior calendar year to the Regional Administrator, and to the governing body of
each community represented by the
CQE as identified in Table 21 to this
part.
(3) Complete annual report. A complete
annual report contains all general report requirements listed in paragraphs
(t)(4)(i) through (t)(4)(iii) of this section and all program specific report requirements applicable to the CQE as
described
in
paragraphs
(t)(5)(i)
through (t)(5)(iii).

(4) General report requirements. Each
CQE must report the following information:
(i) The eligible community or communities, represented by the CQE, any
new communities, and any withdrawn
communities;
(ii) Any changes in the bylaws of the
CQE, board of directors, or other key
management personnel; and
(iii) Copies of minutes and other relevant decision making documents from
all CQE board meetings held during the
prior calendar year.
(5) Program specific report requirements. Each CQE must report business
operations and fishing activity for the
charter halibut permit, IFQ, and LLP
programs for each eligible community
represented by the CQE.
(i) If a community in Table 21 to part
679 was issued one or more charter halibut permits held on behalf of the community by a CQE, then the CQE must
complete
paragraphs
(t)(5)(iv)(A)
through (I) of this section;
(ii) If a community in Table 21 to
part 679 leased halibut and sablefish
IFQ derived from the QS held on behalf
of the community by a CQE, then the
CQE
must
complete
paragraphs
(t)(5)(v)(A) through (J) of this section;
and
(iii) If a community in Table 21 to
part 679 was assigned one or more Pacific cod endorsed non-trawl groundfish
licenses held on behalf of the community by a CQE, then the CQE must
complete
paragraphs
(t)(5)(vi)(A)
through (I) of this section.
(iv) Charter Halibut Limited Access
Program. For each community represented by the CQE, the program specific report for charter halibut permits
held by a CQE, must include:
(A) The total number of charter halibut permits held by the CQE at the
start of the calendar year, at the end of
the calendar year, and projected to be
held in the next calendar year;
(B) A description of the process used
by the CQE to solicit applications from
persons to use charter halibut permits
that the CQE is holding on behalf of
the eligible community;
(C) The total number of persons who
applied to use one or more charter halibut permits;

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Fishery Conservation and Management
(D) Name, business address, city and
state, and number of charter halibut
permits requested by each person who
applied to use a charter halibut permit
held by the CQE;
(E) A detailed description of the criteria used by the CQE to distribute
charter halibut permits among persons
who applied to use one or more charter
halibut permits that the CQE is holding on behalf of the eligible community;
(F) For each person issued one or
more charter halibut permits held by a
CQE, provide their name, business address, city and state, ADF&G logbook
number(s), and the number(s) of each
charter halibut permits they were authorized to use with the corresponding
regulatory area endorsement and angler endorsement;
(G) For each vessel authorized to participate in the charter halibut fishery
using one or more charter halibut permits held by the CQE, provide the vessel name, ADF&G vessel registration
number, USCG documentation number,
length overall, home port and each
charter halibut permits number held
by the CQE and used onboard the vessel;
(H) For each vessel authorized to participate in the charter halibut fishery
using one or more charter halibut permits held by the CQE, provide each set
of ports from which the vessel departed
and to which it returned, and the total
number of trips that occurred to and
from each set of ports when one or
more charter halibut permits held by
the CQE was used onboard the vessel;
and
(I) For each community represented
by the CQE, provide any payments
made to the CQE for use of the charter
halibut permits.
(v) Individual Fishing Quota Program.
For each community represented by
the CQE, the program specific report
for halibut IFQ or sablefish IFQ that
were derived from QS held by the CQE
must include:
(A) The total amount of halibut QS
and total amount of sablefish QS held
by the CQE at the start of the calendar
year, at the end of the calendar year,
and projected to be held in the next
calendar year;

§ 679.5
(B) A description of the process used
by the CQE to solicit applications from
eligible community residents and nonresidents to use IFQ that is derived
from QS that the CQE is holding on behalf of the eligible community;
(C) The total number of eligible community residents and non-residents
who applied to use IFQ derived from QS
held by the CQE;
(D) Name, business address, city and
state, and amount of IFQ requested by
each person who applied to use IFQ derived from QS held by the CQE;
(E) A detailed description of the criteria used by the CQE to distribute IFQ
among eligible community residents
and non-residents who applied to use
IFQ held by the CQE;
(F) For each person who leased IFQ
derived from QS held by the CQE, provide their name, business address, city
and state, each IFQ permit number,
and the total pounds of halibut IFQ
and total pounds of sablefish IFQ they
were authorized to use through each
IFQ permit number;
(G) For each vessel used to harvest
IFQ derived from QS held by the CQE,
provide the vessel name, ADF&G vessel
registration number, USCG documentation number, length overall,
home port, and each IFQ permit number(s) used onboard;
(H) A description of the efforts made
by the CQE to ensure crew members
onboard the vessels used to harvest the
IFQ derived from QS held by the CQE
are residents of the CQE eligible community;
(I) Name, resident city and state of
each person employed as a crew member on each vessel used to harvest IFQ
derived from QS held by the CQE; and
(J) For each community whose eligible community residents and non-residents landed IFQ derived from QS held
by the CQE, provide any payments
made to the CQE for use of the IFQ.
(vi) License Limitation Program. For
each community represented by the
CQE, the program specific report for
GOA Pacific cod endorsed non-trawl
groundfish licenses held by a CQE must
include:
(A) The total number of LLP groundfish licenses by gear type endorsement
held by the CQE at the start of the calendar year, at the end of the calendar

645

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

year, and projected to be held in the
next calendar year;
(B) A description of the process used
by the CQE to solicit applications from
residents of the eligible community to
use LLP groundfish license(s) that the
CQE is holding on behalf of the eligible
community;
(C) The total number of community
residents who applied to use an LLP
groundfish license held by the CQE;
(D) Name, business address, city and
state, and number of LLP groundfish
licenses requested by each person who
applied to use a LLP groundfish license
held by the CQE;
(E) A detailed description of the criteria used by the CQE to distribute
LLP groundfish licenses among eligible
community residents who applied to
use LLP groundfish licenses held by
the CQE;
(F) For each person assigned one or
more LLP groundfish licenses held by
the CQE, provide their name, business
address, city and state, and LLP
groundfish license numbers for permits
of each gear endorsement type they
were authorized to use;
(G) For each vessel authorized to harvest LLP groundfish using one or more
LLP groundfish licenses held by the
CQE, provide the vessel name, ADF&G
vessel registration number, USCG documentation number, length overall,
home port, and each LLP groundfish license number used onboard;
(H) Name, resident city and state of
each person employed as a crew member on each vessel authorized to harvest LLP groundfish using one or more
LLP groundfish licenses held by the
CQE; and
(I) For each community whose residents made landings using one or more
LLP groundfish licenses held by the
CQE, provide any payments made to
the CQE for use of the LLP groundfish
licenses.
(u) BSAI Cost Recovery Volume and
Value Reports—(1) Pacific Cod Ex-vessel
Volume and Value Report—(i) Applicability. A shoreside processor designated
on an FPP, or a mothership designated
on an FFP, that processes landings of
either CDQ Pacific cod or BSAI Pacific
cod harvested by a vessel using trawl
gear must submit annually to NMFS a
complete Pacific Cod Ex-vessel Volume

and Value Report, as described in this
paragraph (u)(1), for each reporting period for which the shorebased processor
or mothership receives this Pacific cod.
(ii) Reporting period. The reporting
period of the Pacific Cod Ex-vessel Volume and Value Report shall extend
from January 1 to October 31 of the
year in which the landings were made.
(iii) Due date. A complete Pacific Cod
Ex-vessel Volume and Value Report
must be received by NMFS no later
than November 10 of the year in which
the processor or mothership received
the Pacific cod.
(iv) Information required. (A) The submitter must log in using his or her
password and NMFS person ID to submit a Pacific Cod Ex-vessel Volume
and Value Report. The User must review any auto-filled cells to ensure
that they are accurate. A completed report must have all applicable fields accurately filled-in.
(B) Certification. By using the NMFS
person ID and password and submitting
the report, the submitter certifies that
all information is true, correct, and
complete to the best of his or her
knowledge and belief.
(v) Submittal. The submitter must
complete and submit online to NMFS
the Pacific Cod Ex-vessel Volume and
Value Report available at https://
alaskafisheries.noaa.gov.
(2) First Wholesale Volume and Value
Report—(i) Applicability. An Amendment 80 vessel owner that harvests
groundfish species, other than Pacific
cod, must submit annually to NMFS a
complete First Wholesale Volume and
Value Report, as described in this paragraph (u)(2), for each reporting period
for which the Amendment 80 vessel
harvests groundfish species, other than
Pacific cod.
(ii) Reporting period. (A) The reporting period of the First Wholesale Volume and Value Report for all species
except rock sole shall extend from January 1 to October 31 of the year in
which the landings were made.
(B) The first reporting period of the
First Wholesale Volume and Value Report for rock sole shall extend from
January 1 to March 31, and the second
reporting period shall extend from
April 1 to October 31.

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Fishery Conservation and Management
(iii) Due date. A complete First
Wholesale Volume and Value Report
must be received by NMFS no later
than November 10 of the year in which
the Amendment 80 vessel received the
groundfish species, other than Pacific
cod.
(iv) Information required. (A) The
Amendment 80 vessel owner must log
in using his or her password and NMFS
person ID to submit a First Wholesale
Volume and Value Report. The vessel
owner must review any auto-filled cells
to ensure that they are accurate. A
completed report must have all applicable fields accurately filled-in.
(B) Certification. By using the NMFS
person ID and password and submitting
the report, the Amendment 80 vessel
owner certifies that all information is
true, correct, and complete to the best
of his or her knowledge and belief.
(v) Submittal. The Amendment 80 vessel owner must complete and submit
online to NMFS the First Wholesale
Volume and Value Report available at
https://alaskafisheries.noaa.gov.
(v) Recreational Quota Entity Program
Annual Report—(1) Applicability. The
RQE must submit a timely and complete annual report on the RQE’s administrative activities and business operation for each calendar year that it
holds halibut recreational fishing
quota (RFQ) and quota shares (QS).
The RQE may combine annual reports
on its holdings of halibut QS and RFQ
for IFQ regulatory areas 2C and 3A into
one report. The RQE must submit annual report data for the halibut QS and
RFQ it held during the calendar year.
The RQE is not required to submit an
annual report for any calendar year in
which it did not hold any halibut QS or
RFQ.
(2) Time limits and submittal. By January 31, the RQE must submit a complete annual report for the prior calendar year to the North Pacific Fishery Management Council, 605 West 4th
Ave., Suite 306, Anchorage, AK 99501–
2252, and to NMFS-Alaska Regional Administrator, P.O. Box 21668, Juneau,
AK 99802–1668.
(3) Complete annual report. A complete
annual report contains all general report requirements described in paragraphs (v)(4)(i) through (iv) of this section, and all information specific to

§ 679.5
IFQ regulatory areas 2C and 3A described in paragraphs (v)(5)(i) through
(iii) of this section.
(4) General report requirements. The
RQE must annually report the following information:
(i) Any changes to the bylaws, board
of directors, or other key management
personnel of the RQE from the preceding year;
(ii) Amount and description of annual
administrative expenses;
(iii) Amount and description of funds
spent on conservation and research, including a summary of the results of
those expenditures; and
(iv) Amount and description of all
other expenses incurred by the RQE.
(5) Information by IFQ regulatory area.
For each IFQ regulatory area represented by the RQE, the RQE must annually report the following information:
(i) The total amount of halibut QS by
category and blocks held by the RQE
at the start of the calendar year, on
October 1, and at the end of the calendar year;
(ii) A list of all transfers (purchases
or sales) of halibut QS, including the
transaction price; and
(iii) A description of the number of
charter halibut permits and number of
angler endorsements purchased and
held by the RQE.
(w) Report on Area 4 halibut IFQ transfers to CDQ groups—(1) Applicability. A
CDQ group that receives IFQ regulatory area 4 halibut IFQ by transfer
must submit a timely and complete report on the CDQ group’s annual halibut
IFQ transfer activities for each calendar year that it receives IFQ regulatory area 4 halibut IFQ by transfer. A
CDQ group is not required to submit a
report for any calendar year in which
it did not receive any IFQ regulatory
area 4 halibut IFQ by transfer.
(2) Time limits and submittal. A CDQ
group must submit a complete report
by January 31 of the year following a
fishing year during which the CDQ
group receives IFQ regulatory area 4B,
4C, or 4D halibut IFQ by transfer. The
complete report must be submitted to
the North Pacific Fishery Management
Council, 605 West 4th Ave., Suite 306,
Anchorage, AK 99501–2252, and to

647

§ 679.6

50 CFR Ch. VI (10–1–23 Edition)

NMFS-Alaska Regional Administrator,
P.O. Box 21668, Juneau, AK, 99802–1668.
(3) Complete report. A complete report
contains all report requirements described in paragraphs (w)(4)(i) through
(w)(4)(iii) of this section.
(4) Report requirements. A CDQ group
must report the following information:
(i) The annual amount, IFQ regulatory area, and vessel category of IFQ
regulatory area 4B, 4C, and 4D halibut
IFQ transferred to the CDQ group;
(ii) The criteria used to select IFQ
holders to transfer IFQ regulatory area
4B, 4C, and 4D halibut IFQ to the CDQ
group; and
(iii) The criteria used to determine
the person(s) eligible to harvest IFQ
regulatory area 4B, 4C, and 4D halibut
IFQ received by transfer.
(x) PCTC Program. The owners and
operators of catcher vessels and processors authorized as participants in the
PCTC Program must comply with the
applicable R&R requirements of this
section and must assign all catch to a
PCTC Program cooperative at the time
of catch or receipt of groundfish. Owners of catcher vessels and processors
authorized as participants in the PCTC
Program must ensure that their designated representatives or employees
comply with applicable R&R requirements as described at § 679.134.
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.5, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.6

Exempted fisheries.

(a) General. For limited experimental
purposes, the Regional Administrator
may authorize, after consulting with
the Council, fishing for groundfish or
fishing for Arctic fish in the Arctic
Management Area in a manner that
would otherwise be prohibited. No exempted fishing may be conducted unless authorized by an exempted fishing
permit issued by the Regional Administrator to the participating vessel
owner in accordance with the criteria
and procedures specified in this section. Exempted fishing permits will be
issued without charge and will expire
at the end of a calendar year unless

otherwise provided for under paragraph
(e) of this section.
(b) Application. An applicant for an
exempted fishing permit shall submit
to the Regional Administrator, at least
60 days before the desired effective date
of the exempted fishing permit, a written application including, but not limited to, the following information:
(1) The date of the application.
(2) The applicant’s name, mailing address, and telephone number.
(3) A statement of the purpose and
goal of the experiment for which an exempted fishing permit is needed, including a general description of the arrangements for disposition of all species harvested under the exempted fishing permit.
(4) Technical details about the experiment, including:
(i) Amounts of each species to be harvested that are necessary to conduct
the experiment, and arrangement for
disposition of all species taken.
(ii) Area and timing of the experiment.
(iii) Vessel and gear to be used.
(iv) Experimental design (e.g., sampling procedures, the data and samples
to be collected, and analysis of the
data and samples).
(v) Provision for public release of all
obtained information, and submission
of interim and final reports.
(5) The willingness of the applicant
to carry observers, if required by the
Regional Administrator, and a description of accommodations and work
space for the observer(s).
(6) Details for all coordinating parties engaged in the experiment and signatures of all representatives of all
principal parties.
(7) Information about each vessel to
be covered by the exempted fishing permit, including:
(i) Vessel name.
(ii) Name, address, and telephone
number of owner and master.
(iii) USCG documentation, state license, or registration number.
(iv) Home port.
(v) Length of vessel.
(vi) Net tonnage.
(vii) Gross tonnage.
(8) The signature of the applicant.
(9) The Regional Administrator may
request from an applicant additional

648

Fishery Conservation and Management
information necessary to make the determinations required under this section. Any application that does not include all necessary information will be
considered incomplete. An incomplete
application will not be considered to be
complete until the necessary information is provided in writing. An applicant for an exempted fishing permit
need not be the owner or operator of
the vessel(s) for which the exempted
fishing permit is requested.
(c) Review procedures. (1) The Regional Administrator, in consultation
with the Alaska Fishery Science Center, will review each application and
will make a preliminary determination
whether the application contains all
the information necessary to determine if the proposal constitutes a valid
fishing experiment appropriate for further consideration. If the Regional Administrator finds any application does
not warrant further consideration, the
applicant will be notified in writing of
the reasons for the decision.
(2) If the Regional Administrator determines any application is complete
and warrants further consideration, he
or she will initiate consultation with
the Council by forwarding the application to the Council. The Council’s Executive Director shall notify the applicant of a meeting at which the Council
will consider the application and invite
the applicant to appear in support of
the application, if the applicant desires. If the Regional Administrator
initiates consultation with the Council, NMFS will publish notification of
receipt of the application in the FEDERAL REGISTER with a brief description
of the proposal.
(d) Notifying the applicant. (1) The decision of the Regional Administrator,
after consulting with the Council, to
grant or deny an exempted fishing permit is the final action of the agency.
The Regional Administrator shall notify the applicant in writing of the decision to grant or deny the exempted
fishing permit and, if denied, the reasons for the denial, including:
(i) The applicant has failed to disclose material information required, or
has made false statements as to any
material fact, in connection with the
application.

§ 679.6
(ii) According to the best scientific
information available, the harvest to
be conducted under the permit would
detrimentally affect living marine resources, including marine mammals
and birds, and their habitat in a significant way.
(iii) Activities to be conducted under
the exempted fishing permit would be
inconsistent with the intent of this
section or the management objectives
of the FMP.
(iv) The applicant has failed to demonstrate a valid justification for the
permit.
(v) The activity proposed under the
exempted fishing permit could create a
significant enforcement problem.
(vi) The applicant failed to make
available to the public information
that had been obtained under a previously issued exempted fishing permit.
(vii) The proposed activity had economic allocation as its sole purpose.
(2) In the event a permit is denied on
the basis of incomplete information or
design flaws, the applicant will be provided an opportunity to resubmit the
application, unless a permit is denied
because exempted fishing would detrimentally affect marine resources, be
inconsistent with the management objectives of the FMP, create significant
enforcement problems, or have economic allocation as its sole purpose.
(e) Terms and conditions. The Regional
Administrator may attach terms and
conditions to the exempted fishing permit that are consistent with the purpose of the experiment, including, but
not limited to:
(1) The maximum amount of each
species that can be harvested and landed during the term of the exempted
fishing permit, including trip limitations, where appropriate.
(2) The number, sizes, names, and
identification numbers of the vessels
authorized to conduct fishing activities
under the exempted fishing permit.
(3) The time(s) and place(s) where exempted fishing may be conducted.
(4) The type, size, and amount of gear
that may be used by each vessel operated under the exempted fishing permit.

649

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

(5) The condition that observers be
carried aboard vessels operated under
an exempted fishing permit.
(6) Reasonable data reporting requirements.
(7) Such other conditions as may be
necessary to assure compliance with
the purposes of the exempted fishing
permit and consistency with the FMP
objectives.
(8) Provisions for public release of
data obtained under the exempted fishing permit.
(f) Effectiveness. Unless otherwise
specified in the exempted fishing permit or superseding notification or regulation, an exempted fishing permit is
effective for no longer than 1 calendar
year, but may be revoked, suspended,
or modified during the calendar year.
Exempted fishing permits may be renewed following the application procedures in paragraph (b) of this section.
(g) Recordkeeping and reporting requirements. In addition to the recordkeeping and reporting requirements in
this section, the operator or manager
must comply with requirements at
§ 679.5(a) through (k).
[61 FR 31230, June 19, 1996, as amended at 64
FR 61981, Nov. 15, 1999; 67 FR 4148, Jan. 28,
2002; 67 FR 22017, May 2, 2002; 74 FR 56745,
Nov. 3, 2009]

§ 679.7 Prohibitions.
In addition to the general prohibitions specified in § 600.725 of this chapter, it is unlawful for any person to do
any of the following:
(a) Groundfish of the GOA and BSAI—
(1) Federal Fisheries Permit (FFP). (i)
Fish for groundfish in the BSAI or GOA
with a vessel of the United States that
does not have on board a legible copy
of a valid FFP issued under § 679.4.
(ii) Conduct directed fishing for Atka
mackerel, Pacific cod, or pollock with
pot, hook-and-line, or trawl gear from
a vessel of the United States that does
not have on board a legible copy of a
valid FFP issued under § 679.4 and endorsed for Atka mackerel, Pacific cod,
or pollock under § 679.4(b).
(2) Conduct any fishing contrary to
notification of inseason action, closure,
or adjustment issued under § 679.20,
§ 679.21, § 679.22, § 679.25.
(3) Groundfish and Halibut Observer
Program. (i) Fish or process groundfish

except in compliance with the terms of
the Groundfish and Halibut Observer
Program as provided by subpart E of
this part.
(ii) Except where observer services
are provided by a NMFS employee or
other individuals authorized by NMFS
under § 679.51(c) or § 679.51(d)(1)(ii), deploy observers in the full observer coverage category at § 679.51(a)(2) and (b)(2)
without an observer provider permit
issued under § 679.52(a).
(4) Pollock roe. Retain pollock roe on
board a vessel in violation of § 679.20(g).
(5) Rockfish by catcher vessels using
hook-and-line, jig, or pot gear.
(i) For any person, to discard rockfish from a catcher vessel required to
have a Federal fisheries permit that is
fishing for groundfish or IFQ or CDQ
halibut using hook-and-line, jig, or pot
gear in the BSAI or GOA until that fish
has been landed.
(ii) Exceed the maximum commerce
allowance amount established under
§ 679.20(j).
(6) Gear. Deploy any trawl, longline,
longline pot, pot-and-line, or jig gear
in an area when directed fishing for, or
retention of, all groundfish by operators of vessels using that gear type is
prohibited in that area, except that
this paragraph (a)(6) shall not prohibit:
(i) Deployment of fixed gear, as defined in § 679.2 under ‘‘Authorized fishing gear,’’ by an operator of a vessel
fishing for IFQ halibut during the fishing period prescribed in the annual
management measures published in the
FEDERAL REGISTER pursuant to § 300.62
of this title.
(ii) Deployment of pot gear by operators of vessels fishing for crab during
seasons governed by the State of Alaska.
(iii) Deployment of jig gear by operators of vessels fishing for salmon during seasons governed by the State of
Alaska.
(7) Inshore/offshore. (i) Operate a vessel in the ‘‘inshore component in the
GOA’’ as defined in § 679.2 without a
valid Inshore Processing endorsement
on the vessel’s FFP or FPP.
(ii) Operate a vessel as a ‘‘stationary
floating processor’’ in the ‘‘inshore
component in the GOA’’ as defined in
§ 679.2, and as a catcher/processor in the
BSAI during the same fishing year.

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Fishery Conservation and Management
(iii) Operate a vessel as a ‘‘stationary
floating processor’’ in the ‘‘inshore
component in the GOA’’ as defined in
§ 679.2, and as an AFA mothership in
the BSAI during the same fishing year.
(iv) Operate any vessel in the GOA in
more than one of the three categories
included in the definition of ‘‘inshore
component in the GOA,’’ in §§ 679.2, during any fishing year.
(v) Operate any vessel in the GOA
under both the ‘‘inshore component in
the GOA’’ and the ‘‘offshore component
in the GOA’’ definitions in §§ 679.2 during the same fishing year.
(vi) Except as provided in paragraph
(k)(3)(iv) of this section, use a stationary floating processor with a GOA
inshore processing endorsement to
process pollock harvested in the GOA
or Pacific cod harvested in the Eastern
GOA in a directed fishery for those species in more than one single geographic
location in the GOA during a fishing
year.
(vii) Operate a vessel in the ‘‘inshore
component of the GOA’’ as defined in
§ 679.2 during a calendar year if that
vessel is used to directed fish for Pacific cod under the authority of a
groundfish license with a Pacific cod
endorsement in the regulatory area
listed in Table 49 to part 679.
(viii) Use a vessel operating under
the authority of a groundfish license
with a Pacific cod endorsement to directed fish for Pacific cod in the Eastern GOA apportioned to the inshore
component of the GOA as specified
under § 679.20(a)(6) if that vessel has directed fished for Pacific cod in the
Eastern GOA apportioned to the offshore component of the Eastern GOA
during that calendar year.
(ix) Use a vessel operating under the
authority of a groundfish license with
a Pacific cod endorsement to directed
fish for Pacific cod in the Eastern GOA
apportioned to the offshore component
of the Eastern GOA as specified under
§ 679.20(a)(6) if that vessel has directed
fished for Pacific cod in the Eastern
GOA apportioned to the inshore component of the GOA during that calendar
year.
(8) Fishing in Donut Hole. Except as
authorized by permit issued pursuant
to the section of the Donut Hole Convention implementing legislation au-

§ 679.7
thorizing NMFS to issue Donut Hole
fishing permits (Public Law 104–43, section 104(d)), it is unlawful for any person to:
(i) Fish in the Donut Hole from a vessel for which a Federal fisheries permit
has been issued pursuant to § 679.4 during the year for which the permit was
issued.
(ii) Possess within the EEZ fish harvested from the Donut Hole on board a
vessel for which a Federal fisheries permit has been issued pursuant to § 679.4
during the year for which the permit
was issued.
(9) Authorized fishing gear. Retain
groundfish taken with other than authorized fishing gear as defined in
§ 679.2, except that groundfish incidentally taken by pot gear by a vessel
while participating in an open crab season governed by the State of Alaska
may be retained for use as unprocessed
bait on board that vessel.
(10) Recordkeeping and reporting. (i)
Fail to comply with or fail to ensure
compliance with requirements in
§§ 679.4 or 679.5.
(ii) Alter, erase, mutilate, or forge
any permit or document issued under
§§ 679.4 or 679.5.
(iii) Fail to submit or submit inaccurate information on, any report, application, or statement required under
this part.
(iv) Intentionally submit false information on any report, application, or
statement required under this part.
(11) Buying station or tender vessel—(i)
Tender vessel. Use a catcher vessel or
catcher/processor as a tender vessel before offloading all groundfish or
groundfish product harvested or processed by that vessel.
(ii) Associated processor. Function as a
tender vessel or buying station without
an associated processor.
(12) Prohibited species donation program. Retain or possess prohibited species, defined at § 679.21(a)(1), except as
permitted to do so under the PSD program as provided by § 679.26, or as authorized by other applicable law.
(13) Halibut. With respect to halibut
caught with fixed gear, as defined in
§ 679.2 under the definition of ‘‘Authorized fishing gear,’’ deployed from a vessel fishing for groundfish, except for
vessels fishing for halibut as prescribed

651

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

in the annual management measures
published in the FEDERAL REGISTER
pursuant to § 300.62 of this title:
(i) Fail to release the halibut outboard a vessel’s rails.
(ii) Release halibut caught with
longline gear by any method other
than—
(A) Cutting the gangion.
(B) Positioning the gaff on the hook
and twisting the hook from the halibut.
(C) Straightening the hook by using
the gaff to catch the bend of the hook
and bracing the gaff against the vessel
or any gear attached to the vessel.
(iii) Puncture the halibut with a gaff
or other device.
(iv) Allow halibut caught with
longline gear to contact the vessel, if
such contact causes, or is capable of
causing, the halibut to be stripped
from the hook.
(14) Trawl gear performance standard—
(i) BSAI. Use a vessel to participate in
a directed fishery for pollock using
trawl gear and have on board the vessel, at any particular time, 20 or more
crabs of any species that have a carapace width of more than 1.5 inches (38
mm) at the widest dimension.
(ii) GOA. Use a vessel to participate
in a directed fishery for pollock using
trawl gear when directed fishing for
pollock with nonpelagic trawl gear is
closed and have on board the vessel, at
any particular time, 20 or more crabs
of any species that have a carapace
width of more than 1.5 inches (38 mm)
at the widest dimension.
(15) Federal processor permit (FPP). (i)
Receive, purchase or arrange for purchase, discard, or process groundfish
harvested in the GOA or BSAI by a
shoreside processor or SFP and in the
Western and Central GOA regulatory
areas, including Federal reporting
areas 610, 620, and 630, that does not
have on site a legible copy of a valid
FPP issued pursuant to § 679.4(f).
(ii) Receive, purchase or arrange for
purchase, discard, or process groundfish harvested in the GOA by a CQE
floating processor that does not have
on site a legible copy of a valid FPP
issued pursuant to § 679.4(f).
(16) Retention of groundfish bycatch
species.
Exceed
the
maximum

retainable groundfish amount established under § 679.20(e).
(17) Tender vessel. (i) Use a catcher
vessel or catcher/processor as a tender
vessel before offloading all groundfish
or groundfish product harvested or
processed by that vessel.
(ii) Use a catcher vessel or catcher/
processor to harvest groundfish while
operating as a tender vessel.
(18) Pollock, Pacific Cod, and Atka
Mackerel Directed Fishing and VMS. Operate a vessel in any Federal reporting
area when a vessel is authorized under
§ 679.4(b) to participate in the Atka
mackerel, Pacific cod, or pollock directed fisheries and the vessel’s authorized species and gear type is open to directed fishing, unless the vessel carries
an operable NMFS-approved Vessel
Monitoring System (VMS) and complies
with
the
requirements
in
§ 679.28(f).
(19) Atka mackerel directed fishing in
the Bering Sea reporting areas. Conduct
directed fishing for Atka mackerel in
the Bering Sea subarea and adjacent
State waters with a vessel required to
be Federally permitted.
(20) Anchoring in a habitat protection
area. Anchor any federally permitted
vessel in any habitat protection area
described in Tables 22, 23, and 26 of this
part.
(21) VMS on vessels in the Aleutian Islands subarea. Operate a federally permitted vessel in the Aleutian Islands
subarea without an operable VMS and
without complying with the requirements at § 679.28(f).
(22) VMS for non-pelagic trawl and
dredge gear vessels in the GOA. Operate
a federally permitted vessel in the GOA
with non-pelagic trawl or dredge gear
onboard without an operable VMS and
without complying with the requirements at § 679.28(f).
(b) Prohibitions specific to the GOA—(1)
Southeast outside trawl closure. Use
trawl gear in the GOA east of 140° W
long.
(2) Catcher vessel harvest limit for pollock. (i) Retain more than 300,000 lb (136
mt) of unprocessed pollock on board a
catcher vessel issued a FFP at any
time during a fishing trip as defined at
§ 679.2;
(ii) Land more than 300,000 lb (136 mt)
of unprocessed pollock harvested in

652

Fishery Conservation and Management
any GOA reporting area from a catcher
vessel issued a FFP to any processor or
tender vessel during a calendar day as
defined at § 679.2; and
(iii) Land a cumulative amount of
unprocessed pollock harvested from
any GOA reporting area from a catcher
vessel issued a FFP during a directed
fishery that exceeds the amount in
paragraph (b)(2)(ii) of this section multiplied by the number of calendar days
that occur during the time period the
directed fishery is open in that reporting area.
(3) Tender vessel restrictions for pollock.
(i) Operate as a tender vessel east of
157°00′ W long. for pollock harvested in
the GOA.
(ii) Operate as a tender vessel west of
157°00′ W long. while retaining on board
at any time more than 600,000 lb (272
mt) of unprocessed pollock.
(4) Catcher vessel restrictions. (i) Deliver Pacific cod harvested in the Western GOA or Central GOA regulatory
area including Federal reporting areas
610, 620, or 630, to a vessel for processing in a GOA regulatory area other
than the area in which the harvest occurred.
(ii) Deliver Pacific cod harvested in
the Western GOA or Central GOA regulatory area, including Federal reporting areas 610, 620, or 630, to another
vessel for processing unless the processing vessel carries an operable
NMFS-approved
Vessel
Monitoring
System that complies with the requirements in § 679.28(f).
(iii) Deliver Pacific cod harvested in
the Western GOA or adjacent waters
parallel directed fishery to a vessel for
processing in excess of the processing
limits established at § 679.20(a)(12)(iv)
or (v), unless the processing vessel
meets the definition of a stationary
floating processor at § 679.2.
(iv) Deliver Pacific cod harvested in
the Central GOA or adjacent waters
parallel directed fishery in excess of
the processing limits established at
§ 679.20(a)(12)(v), unless the processing
vessel meets the definition of a stationary floating processor at § 679.2.
(v) Deliver Pacific cod harvested in
the Central GOA or adjacent waters
parallel directed fishery to a vessel for
processing, unless that vessel is en-

§ 679.7
dorsed as a CQE floating processor or
stationary floating processor.
(vi) Eligible catcher/processor LLP
license holders electing to add a catcher vessel endorsement for the Western
or
Central
GOA
under
§ 679.4
(k)(10)(vii)(B) and (C) of this part are
prohibited from catching and processing Pacific cod onboard a vessel
under the authority of that groundfish
license in the directed Pacific cod fishery in Federal reporting areas 610, 620,
or 630.
(5) Stationary floating processor restrictions. (i) Except as provided in paragraph (k)(3)(iv) of this section, to use a
stationary floating processor to process Pacific cod at more than one single
geographic location in the GOA during
a fishing year if the Pacific cod was
harvested in a Western or Central GOA
directed fishery within Federal reporting areas 610, 620, or 630.
(ii) Operate as a stationary floating
processor in the GOA and as a catcher/
processor in the GOA during the same
calendar year.
(iii) Operate as a stationary floating
processor in the GOA and as a CQE
floating processor or mothership in the
GOA during the same calendar year.
(6) Parallel fisheries. Use a vessel designated or required to be designated on
an FFP to directed fish for Pacific cod
from waters adjacent to the GOA when
Pacific cod caught by that vessel is deducted from the Federal TAC specified
under § 679.20(a)(12)(i)(A)(2) through (6)
of this part for the Western GOA and
§ 679.20(a)(12)(i)(B)(2) through (7) of this
part for the Central GOA unless:
(i) That non-trawl vessel is designated on both:
(A) An LLP license issued under
§ 679.4(k) of this part, unless that vessel
is using jig gear and exempt from the
LLP
license
requirement
under
§ 679.4(k)(2)(iii) of this part. Each vessel
required to have an LLP license must
be designated with the following endorsements:
(1) The GOA area designation adjacent to the parallel waters fishery
where the harvest occurred; and
(2) A Pacific cod endorsement.
(B) An FFP issued under § 679.4(b) of
this part with the following endorsements:
(1) The GOA area designation;

653

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

(2) An operational type designation;
(3) A gear type endorsement; and
(4) A Pacific cod gear type endorsement.
(ii) Or, that trawl vessel is designated
on both:
(A) An LLP license issued under
§ 679.4(k) of this part endorsed for trawl
gear with the GOA area designation adjacent to the parallel waters fishery
where the harvest occurred, and
(B) An FFP issued under § 679.4(b) of
this part with the following endorsements:
(1) The GOA area designation;
(2) An operational type designation;
(3) A trawl gear type endorsement;
and
(4) A Pacific cod gear type endorsement.
(7) Parallel fishery closures. Use a vessel designated or required to be designated on an FFP to catch and retain
Pacific cod from waters adjacent to the
GOA when Pacific cod caught by that
vessel is deducted from the Federal
TAC
specified
under
§ 679.20(a)(12)(i)(A)(2) through (6) of this
part for the Western GOA and
§ 679.20(a)(12)(i)(B)(2) through (7) of this
part for the Central GOA if directed
fishing for Pacific cod is not open.
(8) Prohibitions specific to salmon discard in the Western and Central Reporting Areas of the GOA directed fisheries for
groundfish. Fail to comply with any requirements of § 679.21(h).
(9) Conduct directed fishing for flatfish, as defined in § 679.2, with a vessel
required to be federally permitted in
the Central GOA Regulatory Area, as
defined in Figure 3 to this part, without meeting the requirements for
modified nonpelagic trawl gear specified at § 679.24(f) and illustrated in Figures 25, 26, and 27 to this part.
(c) Prohibitions specific to BSAI. (1)
For vessel owners and operators subject to § 679.100(a), to use the vessel as
a catcher/processor to conduct directed
fishing for Pacific cod with hook-andline gear in the BSAI or to conduct
groundfish CDQ fishing.
(2) Prohibited species. Conduct any
fishing contrary to a notification
issued under § 679.21.
(3) Parallel Pacific cod fisheries—participation requirements. Use a vessel
named or required to be named on an

FFP to catch and retain Pacific cod
from State of Alaska waters adjacent
to the BSAI, when Pacific cod caught
by that vessel is deducted from the
Federal
TAC
specified
under
§ 679.20(a)(7)(ii)(A)(2) through (9), unless:
(i) That non-trawl vessel is designated on both:
(A) An LLP license issued under
§ 679.4(k), unless that vessel is using jig
gear and exempt from the LLP license
requirement
under
§ 679.4(k)(2)(iii).
Each vessel required to have an LLP license must be designated with the following endorsements:
(1) The BSAI area endorsement for
the BSAI area adjacent to the parallel
fishery where the harvest occurred; and
(2) A BSAI catcher/processor Pacific
cod hook-and-line endorsement, a BSAI
catcher/processor Pacific cod pot endorsement, or a BSAI Pacific cod
catcher vessel endorsement if that
catcher vessel is 60 feet or greater
length overall; and
(B) An FFP issued under § 679.4(b)
with the following endorsements:
(1) A catcher/processor or catcher
vessel operation type endorsement;
(2) A BSAI area endorsement; and
(3) A pot or hook-and-line gear type
endorsement.
(ii) Or, that trawl vessel is designated
on both:
(A) An LLP license issued under
§ 679.4(k) endorsed for trawl gear with
the BSAI area endorsement for the
BSAI area adjacent to the parallel fishery where the harvest occurred; and
(B) An FFP issued under § 679.4(b)
with the following endorsements:
(1) The BSAI area endorsement;
(2) An operational type endorsement;
(3) A trawl gear type endorsement;
and
(4) A Pacific cod gear type endorsement.
(4) Parallel Pacific cod fisheries—closures. Use a vessel named or required to
be named on an FFP to catch and retain Pacific cod with trawl, pot, or
hook-and-line gear from State of Alaska waters adjacent to the BSAI when
Pacific cod caught by that vessel is deducted from the Federal TAC specified
under § 679.20(a)(7)(ii)(A) for trawl, pot,
or hook-and-line gear, if directed fishing for Pacific cod is not open for the

654

Fishery Conservation and Management
sector to which the vessel belongs in
Federal waters.
(5) Conduct directed fishing for flatfish as defined in § 679.2 with a vessel
required to be federally permitted in
any reporting area of the Bering Sea
subarea as described in Figure 1 to this
part without meeting the requirements
for modified nonpelagic trawl gear
specified in § 679.24(f).
(6) For a shoreside processor designated on an FPP, or a mothership
designated on an FFP, that processes
landings of either CDQ Pacific cod or
BSAI Pacific cod harvested by a vessel
using trawl gear to fail to submit a
timely and complete Pacific Cod Exvessel Volume and Value Report as required under § 679.5(u)(1).
(d) CDQ. (1) Participate in a Western
Alaska CDQ program in violation of
this part.
(2) Fail to submit, submit inaccurate
information on, or intentionally submit false information on any report,
application, or statement required
under this part.
(3) For a CDQ group, exceed a CDQ or
a halibut PSQ.
(4) Catch Accounting—(i) General. (A)
For the operator of a catcher/processor
using trawl gear or a mothership, to
harvest or take deliveries of CDQ or
PSQ species without a valid scale inspection report signed by an authorized
scale inspector under § 679.28(b)(2) on
board the vessel.
(B) For the operator of a vessel required to have an observer sampling
station described at § 679.28(d), to harvest or take deliveries of CDQ or PSQ
species without a valid observer sampling station inspection report issued
by NMFS under § 679.28(d)(10) on board
the vessel.
(C) For the manager of a shoreside
processor or stationary floating processor, or the manager or operator of a
buying station or tender vessel that is
required elsewhere in this part to
weigh catch on a scale approved by the
State of Alaska under § 679.28(c), to fail
to weigh catch on a scale that meets
the requirements of § 679.28(c).
(D) For the operator of a catcher/
processor or a catcher vessel required
to carry a level 2 observer, to combine
catch from two or more CDQ groups in
the same haul or set.

§ 679.7
(E) For the operator of a catcher vessel using trawl gear or any vessel less
than 60 ft (18.3 m) LOA that is groundfish CDQ fishing as defined at § 679.2, to
discard any groundfish CDQ species or
salmon PSQ before it is delivered to a
processor, unless discard of the groundfish CDQ is required under other provisions or, in waters within the State of
Alaska, discard is required by laws of
the State of Alaska.
(F) For the operator of a vessel using
trawl gear, to release CDQ catch from
the codend before it is brought on
board the vessel and weighed on a scale
approved by NMFS under § 679.28(b) or
delivered to a processor. This includes,
but is not limited to, ‘‘codend dumping’’ and ‘‘codend bleeding.’’
(G) For the operator of a catcher/
processor using trawl gear or a
mothership, to sort, process, or discard
CDQ or PSQ species before the total
catch is weighed on a scale that meets
the requirements of § 679.28(b), including the daily test requirements described at § 679.28(b)(3).
(H) For the operator of a vessel fishing on behalf of a CDQ group to retain
more than the maximum retainable
amount of pollock established under
§ 679.20(e) unless the pollock harvested
by that vessel accrues against a CDQ
group’s pollock CDQ allocation.
(ii) Fixed gear sablefish. For any person on a vessel using fixed gear that is
fishing for a CDQ group with an allocation of fixed gear sablefish CDQ, to discard sablefish harvested with fixed gear
unless retention of sablefish is not authorized under § 679.23(e)(4)(ii) or, in
waters within the State of Alaska, discard is required by laws of the State of
Alaska.
(5) Prohibited species catch—(i) Crab—
(A) Zone 1. For the operator of a vessel,
to use trawl gear to harvest groundfish
CDQ in Zone 1 after the CDQ group’s
red king crab PSQ or C. bairdi Tanner
crab PSQ in Zone 1 is attained.
(B) Zone 2. For the operator of a vessel, to use trawl gear to harvest
groundfish CDQ in Zone 2 after the
CDQ group’s PSQ for C. bairdi Tanner
crab in Zone 2 is attained.
(C) COBLZ. For the operator of a vessel, to use trawl gear to harvest
groundfish CDQ in the C. opilio Bycatch
Limitation Zone after the CDQ group’s

655

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

PSQ for C. opilio Tanner crab is attained.
(ii) Salmon—(A) Discard of salmon. For
any person, to discard salmon from a
catcher
vessel,
catcher/processor,
mothership, shoreside processor, or
SFP or transfer or process any salmon
under the PSD Program at § 679.26, if
the salmon were taken incidental to a
directed fishery for pollock CDQ in the
Bering Sea, until the number of salmon
has been determined by an observer
and the collection of scientific data or
biological samples from the salmon has
been completed.
(B) Non-Chinook salmon. For the operator of a vessel, to use trawl gear to
harvest pollock CDQ in the Chum
Salmon Savings Area between September 1 and October 14 after the CDQ
group’s non-Chinook salmon PSQ is attained, unless the vessel is participating in an approved IPA under
§ 679.21(f)(12).
(C) Chinook salmon—(1) Overages of
Chinook salmon PSC allocations. For a
CDQ group, to exceed a Chinook salmon PSC allocation issued under
§ 679.21(f) as of June 25 for the A season
allocation and as of December 1 for the
B season allocation.
(2) For the operator of a catcher vessel or catcher/processor, to start a new
fishing trip for pollock CDQ in the BS
in the A season or in the B season, if
the CDQ group for which the vessel is
fishing has exceeded its Chinook salmon PSC allocation issued under
§ 679.21(f) for that season.
(3) For the operator of a catcher/processor or mothership, to catch or process pollock CDQ in the BS without
complying with the applicable requirements of § 679.28(j).
(4) For the operator of a catcher/processor or a mothership, to begin sorting
catch from a haul from a directed fishery for pollock CDQ in the BS before
the observer has completed counting
the salmon and collecting scientific
data or biological samples from the
previous haul.
(5) For the operator of a catcher vessel delivering pollock CDQ catch to a
shoreside processor or stationary floating processor to:
(i) Deliver pollock CDQ to a processor
that does not have a catch monitoring

and control plan approved under
§ 679.28(g).
(ii) Handle, sort, or discard catch
without notifying the observer 15 minutes prior to handling, sorting, or discarding
catch
as
described
in
§ 679.21(f)(15)(ii)(B)(2).
(iii) Fail to secure catch after the
completion of catch handling and the
collection of scientific data and biological
samples
as
described
in
§ 679.21(f)(15)(ii)(B)(3).
(6) For the manager of a shoreside
processor or stationary floating processor, to begin sorting a pollock CDQ
offload before the observer has completed the count of salmon and the collection of scientific data or biological
samples from the previous offload.
(6) For a CDQ group, exceed a seasonal allowance of Pacific cod under
§ 679.20(a)(7)(i)(B).
(7) For a CDQ group, exceed a seasonal allowance of Atka mackerel
under § 679.20(a)(8)(ii).
(8) Fail to submit a timely and complete CDQ cost recovery fee submission
form and fee as required under § 679.33.
(9) For an operator of a catcher vessel greater than 32 ft (9.8 m) LOA and
less than or equal to 46 ft (14.0 m) LOA
using hook-and-line gear and that is
registered by a CDQ group under
§ 679.5(m), to conduct groundfish CDQ
fishing without a legible copy of the
LLP exemption letter issued to a CDQ
group for that vessel on board the vessel.
(10) For a CDQ group representative,
to remove a vessel from the CDQ vessel
registration list under § 679.5(m)(4)
without first providing notice to the
operator of the registered vessel that
the vessel is being removed from the
CDQ vessel registration list or when
the vessel operator is groundfish CDQ
fishing.
(e) Halibut Deck Sorting. (1) Conduct
halibut deck sorting without notifying
the observer at least 15 minutes prior
to bringing fish onboard as described in
§ 679.120(e)(2).
(2) For any haul for which the notification at § 679.120(e)(2) is provided,
allow fish to be spilled from the codend
without an observer being present to
monitor halibut deck sorting.

656

Fishery Conservation and Management
(3) Sort halibut from the catch prior
to weighing except in compliance with
requirements at § 679.120.
(4) Sort halibut on deck without an
observer present to monitor halibut
deck sorting.
(5) Discard halibut sorted on deck
prior to the observer’s completion of
data collection for each halibut.
(6) Sort or discard any species other
than halibut during halibut deck sorting.
(7) Conduct halibut deck sorting past
the time limit set by NMFS in the vessel’s Observer Sampling Station Inspection Report.
(8) Conduct halibut deck sorting
without complying with the observer
deck sampling station requirements at
§ 679.28(d)(9).
(9) Fail to have an approved Deck
Safety Plan before conducting halibut
deck sorting.
(10) Fail to notify the Observer Program for purposes of the pre-cruise
meeting when required by § 679.120(c).
(11) Weigh catch on a NMFS-approved
scale that complies with the requirements at § 679.28(b) when halibut deck
sorting unless three or more observers
are present on the vessel and an observer has been notified and is available to complete data collection duties
in the factory.
(12) Sort halibut without a video
monitoring system meeting requirements at § 679.28(l).
(13) Fail to comply with any other requirement or restriction specified in
this part or violate any provision of
this part.
(f) IFQ fisheries. (1) Fail to submit, or
submit inaccurate information on, any
report, application, or statement required under this part.
(2) Intentionally submit false information on any report, application, or
statement required under this part.
(3)(i) Halibut. (A) Retain halibut
caught with fixed gear without a valid
IFQ permit, and if using a hired master, without an IFQ hired master permit in the name of an individual
aboard.
(B) Retain halibut caught with fixed
gear without a valid CDQ permit and
without a CDQ hired master permit in
the name of an individual aboard.

§ 679.7
(C) Use fixed gear to retain RFQ halibut.
(ii) Sablefish. Retain sablefish caught
with fixed gear without a valid IFQ
permit, and if using a hired master,
without an IFQ hired master permit in
the name of an individual aboard, unless fishing on behalf of a CDQ group.
(4) Except as provided in § 679.40(d),
retain IFQ or CDQ halibut or IFQ or
CDQ sablefish on a vessel in excess of
the total amount of unharvested IFQ
or CDQ, applicable to the vessel category and IFQ or CDQ regulatory
area(s) in which the vessel is deploying
fixed gear, and that is currently held
by all IFQ or CDQ permit holders
aboard the vessel, unless the vessel has
an observer aboard under subpart E of
this part or the vessel participates in
the EM selection pool and complies
with the requirements at § 679.51(f), and
maintains the applicable daily fishing
log prescribed in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of
this title and § 679.5.
(5) Possess, buy, sell, or transport
IFQ or CDQ halibut or IFQ sablefish
harvested or landed in violation of any
provision of this part.
(6) Landing. (i) IFQ permit or IFQ
hired master permit. Make an IFQ
landing without an IFQ permit or IFQ
hired master permit, as appropriate, in
the name of the individual making the
landing.
(ii) Hired master, CDQ halibut. Make a
CDQ halibut landing without a CDQ
hired master permit listing the name
of the hired master.
(7) Possess on a vessel or land IFQ sablefish concurrently with non-IFQ sablefish, except that CDQ sablefish may
be possessed on a vessel and landed
concurrently with IFQ sablefish.
(8) Discard:
(i) In the GOA:
(A) [Reserved]
(B) Pacific cod that are taken when
IFQ halibut or IFQ sablefish are on
board unless Pacific cod are required to
be discarded under subpart B of this
part, or Pacific cod are not authorized
to be retained under subpart A of this
part.
(ii) In the BSAI:
(A) [Reserved]

657

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

(B) Pacific cod that are taken when
IFQ halibut or IFQ sablefish are on
board according to the following table:
If the vessel operator . . .

Then . . .

(1) has an LLP groundfish
license with a Pacific cod
endorsement that meets
the requirements of
§ 679.4(k)(9).

Pacific cod must not be discarded unless Pacific cod are
required to be discarded
under subpart B of this part,
or Pacific cod are not authorized to be retained under
subpart A of this part.
Pacific cod must not be discarded up to the retainable
amount specified in Table 11
of this part unless Pacific cod
are required to be discarded
under subpart B of this part,
or Pacific cod are not authorized to be retained under
subpart A of this part.

(2) does not have an LLP
groundfish license with a
Pacific cod endorsement
that meets the requirements of § 679.4(k)(9).

(iii) In the waters within the State of
Alaska:
(A) Rockfish that are taken when
IFQ halibut or IFQ sablefish are on
board unless rockfish are required to be
discarded by the laws of the State of
Alaska.
(B) Pacific cod that are taken when
IFQ halibut or IFQ sablefish are on
board unless Pacific cod are required to
be discarded by the laws of the State of
Alaska.
(9) Harvest on any vessel more IFQ
halibut or IFQ sablefish than are authorized under § 679.42.
(10) Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing other than
directly to (or by) a registered buyer.
(11) Discard halibut or sablefish
caught with fixed gear from any catcher vessel when any IFQ permit holder
aboard holds unused halibut or sablefish IFQ for that vessel category and
the IFQ regulatory area in which the
vessel is operating, unless:
(i) Discard of halibut is required as
prescribed in the annual management
measures published in the FEDERAL
REGISTER pursuant to § 300.62 of chapter
III of this title;
(ii) Discard of sablefish is required
under § 679.20 or, in waters within the
State of Alaska, discard of sablefish is
required under laws of the State of
Alaska; or
(iii) Discard of halibut or sablefish is
required under other provisions.
(12) Commence an IFQ landing without a Prior Notice of Landing (PNOL),
before the date and time stated on the

PNOL, or more than 2 hours after the
date and time stated on the PNOL, except as provided in § 679.5(l)(1).
(13) [Reserved]
(14) Violate any other provision
under this part.
(15) Hire a master to fish for IFQ halibut or IFQ sablefish that is derived
from QS held by a CQE.
(16) Process IFQ halibut or IFQ sablefish onboard a vessel on which a person
is using IFQ derived from QS held by a
CQE.
(17) Deploy, conduct fishing with, or
retrieve longline pot gear in the GOA
before the start or after the end of the
IFQ sablefish fishing period specified in
§ 679.23(g)(1).
(18) Deploy, conduct fishing with, retrieve, or retain IFQ sablefish or IFQ
halibut from longline pot gear in the
GOA:
(i) In excess of the pot limits specified in § 679.42(l)(5)(ii); or
(ii) [Reserved]
(19) [Reserved]
(20) Deploy longline pot gear to fish
IFQ sablefish in the GOA without
marking the gear in accordance with
§ 679.24(a).
(21) Fail to redeploy or remove from
the fishing grounds all deployed
longline pot gear that is assigned to,
and used by, a catcher vessel within
five days of deploying the gear to fish
IFQ sablefish in the Southeast Outside
District of the GOA in accordance with
§ 679.42(l)(5)(iii)(A).
(22) Fail to redeploy or remove from
the fishing grounds all deployed
longline pot gear that is assigned to,
and used by, a catcher/processor within
five days of deploying the gear to fish
IFQ sablefish in the Southeast Outside
District of the GOA in accordance with
§ 679.42(l)(5)(iii)(B).
(23) Fail to redeploy or remove from
the fishing grounds all deployed
longline pot gear that is assigned to,
and used by, a catcher vessel or a
catcher/processor within five days of
deploying the gear to fish IFQ sablefish
in the West Yakutat District of the
GOA, and within seven days of deploying the gear to fish IFQ sablefish in the
Central GOA regulatory area, in accordance with § 679.42(l)(5)(iii)(C) and
(E).

658

Fishery Conservation and Management
(24) Fail to redeploy or remove from
the fishing grounds all deployed
longline pot gear that is assigned to,
and used by, a catcher vessel or a
catcher/processor within seven days of
deploying the gear to fish IFQ sablefish
in the Western GOA regulatory area in
accordance with § 679.42(l)(5)(iii)(D).
(25) Operate a catcher vessel or a
catcher/processor using longline pot
gear to fish IFQ sablefish or IFQ halibut in the GOA and fail to use functioning VMS equipment as required in
§ 679.42(k)(2).
(26) Operate a catcher vessel or a
catcher/processor using pot gear to fish
for IFQ or CDQ halibut or IFQ or CDQ
sablefish in the BSAI and fail to use
functioning VMS equipment as required in § 679.42(m).
(g) North Pacific Observer Program—
Observers. (1) Forcibly assault, resist,
oppose, impede, intimidate, sexually
harass, bribe, or interfere with an observer.
(2) Interfere with or bias the sampling procedure employed by an observer, including physical, mechanical,
or other sorting or discarding of catch
before sampling.
(3) Tamper with, destroy, or discard
an observer’s collected samples, equipment, records, photographic film, papers, or personal effects without the
express consent of the observer.
(4) Prohibit or bar by command, impediment, threat, coercion, or by refusal of reasonable assistance, an observer from collecting samples, conducting product recovery rate determinations, making observations, or
otherwise performing the observer’s
duties.
(5) Harass an observer by conduct
that has sexual connotations, has the
purpose or effect of interfering with
the observer’s work performance, or
otherwise creates an intimidating, hostile, or offensive environment. In determining whether conduct constitutes
harassment, the totality of the circumstances, including the nature of
the conduct and the context in which it
occurred, will be considered. The determination of the legality of a particular
action will be made from the facts on a
case-by-case basis.

§ 679.7
(6) Fish for or process fish without
observer coverage required under subpart E of this part.
(7) Embark on a fishing trip to directed fish for groundfish or to fish for
halibut with hook-and-line gear without carrying an observer if the fishing
trip is selected for observer coverage
per § 679.51(a)(1)(ii)(C)(2), or the vessel
is selected for observer coverage per
§ 679.51(a)(1)(ii)(D).
(8) Require, pressure, coerce, or
threaten an observer to perform duties
normally performed by crew members,
including, but not limited to, cooking,
washing dishes, standing watch, vessel
maintenance, assisting with the setting or retrieval of gear, or any duties
associated with the processing of fish,
from sorting the catch to the storage
of the finished product.
(h) Salmon fisheries. (1) Engage in
commercial fishing for salmon using
any gear except troll gear, defined at
§ 679.2, in the East Area of the Salmon
Management Area, defined at § 679.2
and Figure 23 to this part.
(2) Engage in commercial fishing for
salmon in the West Area of the Salmon
Management Area, defined at § 679.2
and Figure 23 to this part.
(i) License Limitation Program—(1)
Number of licenses. (i) Hold more than 10
groundfish licenses in the name of that
person at any time, except as provided
in paragraphs (i)(1)(iii) and (i)(1)(v) of
this section;
(ii) Hold more than five crab species
licenses in the name of that person at
any time, except as provided in paragraph (i)(1)(iii) of this section; or
(iii) Hold more licenses than allowed
in paragraphs (i)(1)(i) and (i)(1)(ii) of
this section unless those licenses were
issued to that person in the initial distribution of licenses. Any person who
receives in the initial distribution
more licenses than allowed in paragraphs (i)(1)(i) and (i)(1)(ii) of this section shall have no transfer applications
for receipt of additional licenses approved until the number of licenses in
the name of that person is less than
the numbers specified in paragraphs
(i)(1)(i) and (i)(1)(ii) of this section; furthermore, when a person becomes eligible to receive licenses by transfer
through the provisions of this paragraph, that person is subject to the

659

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

provisions in paragraphs (i)(1)(i) and
(i)(1)(ii) of this section;
(iv) Hold more than two scallop licenses in the name of that person at
any time.
(v) The CQE representing the City of
Sand Point may not hold more than 14
groundfish licenses.
(2) Conduct directed fishing for license limitation groundfish without a
legible copy of a valid groundfish license,
except
as
provided
in
§ 679.4(k)(2);
(3) Conduct directed fishing for LLP
crab species without a legible copy of a
valid crab license, except as provided
in § 679.4(k)(2);
(4) Process license limitation groundfish on board a vessel without a legible
copy of a valid groundfish license with
a catcher/processor designation;
(5) Process LLP crab species on board
a vessel without a legible copy of a
valid crab species LLP license with a
catcher/processor designation;
(6) Use a vessel to fish for LLP
groundfish or crab species, or allow a
vessel to be used to fish for LLP
groundfish or crab species, that has an
LOA that exceeds the MLOA specified
on the license that authorizes fishing
for LLP groundfish or crab species, except if the person is using the vessel to
fish for LLP groundfish in the Bering
Sea subarea or the Aleutian Islands
subarea pursuant to an LLP license
that specifies an exemption from the
MLOA on the LLP license.
(7) Lease a groundfish, crab species,
or scallop license; or
(8) Catch and retain scallops:
(i) Without a copy of a valid scallop
license on board;
(ii) Using a vessel with a MLOA
greater than that specified on the scallop license; or
(iii) Using dredge gear contrary to a
gear limitation specified on the scallop
license.
(9) Use a vessel to fish for LLP
groundfish or crab species, or allow a
vessel to be used to fish for LLP
groundfish or crab species, other than
the vessel named on the license that
authorizes fishing for LLP groundfish
or crab species.
(10) Operate a vessel under the authority of an LLP license issued to a
CQE to directed fish for Pacific cod in

the GOA if the person specified for that
groundfish license in the annual CQE
authorization letter, or any subsequent
amendment to that authorization letter, is not onboard the vessel.
(11) Prohibitions specific to the BSAI
Trawl Limited Access Sector yellowfin sole
directed fishery. Deliver yellowfin sole
harvested with trawl gear in the BSAI
Trawl Limited Access Sector yellowfin
sole directed fishery to a mothership
without a legible copy of a valid
groundfish LLP license with a BSAI
Trawl Limited Access Sector yellowfin
sole directed fishery endorsement, except as provided in § 679.4(k)(2).
(12) Prohibitions specific to directed
fishing in the BSAI non-CDQ Pacific cod
trawl catcher vessel fishery as specified at
§ 679.20(a)(7)(ii)(A). Use a catcher/processor to receive and process Pacific cod
harvested and delivered by a catcher
vessel directed fishing in the BSAI nonCDQ Pacific cod trawl catcher vessel
fishery without a legible copy on board
of a valid groundfish LLP license with
Bering Sea or Aleutian Islands area,
catcher/processor operation, and BSAI
Pacific cod trawl mothership endorsements.
(j) North Pacific Observer Program—
EM Systems. (1) Fish without an EM
system when a vessel is required to
carry an EM system under § 679.51(f).
(2) Fish with an EM system without a
copy of a valid NMFS-approved VMP
on board when directed fishing in a
fishery subject to EM coverage.
(3) Fail to comply with a NMFS-approved VMP.
(4) Fail to conduct a function test
prior to departing port on a fishing trip
as required at § 679.51(f)(5)(vi)(A).
(5) Depart on a fishing trip selected
for EM coverage without a functional
EM system, unless procedures at
§ 679.51(f)(5)(vi)(A)(1)
and
§ 679.51(f)(5)(vi)(A)(2) have been followed.
(6) Fail to follow procedures at
§ 679.51(f)(5)(vi)(B) prior to each set on a
fishing trip selected for EM coverage.
(7) Fail to make the EM system, associated equipment, logbooks, and
other records available for inspection
upon request by NMFS, OLE, or other
NMFS-authorized officer.

660

Fishery Conservation and Management
(8) Fail to submit a video data storage
device
as
specified
under
§ 679.51(f)(5)(vii).
(9) Tamper with, bias, disconnect,
damage, destroy, alter, or in any other
way distort, render useless, inoperative, ineffective, or inaccurate any
component of the EM system, associated equipment, or data recorded by
the EM system when the vessel is directed fishing in a fishery subject to
EM coverage, unless the vessel operator is directed to make changes to the
EM system by NMFS, the EM service
provider, or as directed in the troubleshooting guide of the VMP.
(10) Assault, impede, intimidate, harass, sexually harass, bribe, or interfere
with an EM service provider.
(11) Interfere or bias the sampling
procedure employed in the EM selection pool, including either mechanically or manually sorting or discarding
catch outside of the camera view or inconsistent with the NMFS-approved
VMP.
(12) Fail to meet vessel owner and operator responsibilities specified at
§ 679.51(f)(5).
(k) Prohibitions specific to the AFA. It
is unlawful for any person to do any of
the following:
(1) Catcher/processors—(i) Permit requirement. Use a catcher/processor to
engage in directed fishing for non-CDQ
BSAI pollock without a valid AFA
catcher/processor permit on board the
vessel.
(ii) Fishing in the GOA. Use a listed
AFA catcher/processor or a catcher/
processor designated on a listed AFA
catcher/processor permit to harvest
any species of fish in the GOA.
(iii) Processing BSAI crab. Use a listed
AFA catcher/processor or a catcher/
processor designated on a listed AFA
catcher/processor permit to process
any crab species harvested in the BSAI.
(iv) Processing GOA groundfish. (A)
Use a listed AFA catcher/processor or a
catcher/processor designated on a listed AFA catcher/processor permit to
process any pollock harvested in a directed pollock fishery in the GOA and
any groundfish harvested in Statistical
Area 630 of the GOA.
(B) Use a listed AFA catcher/processor or a catcher/processor designated
on a listed AFA catcher/processor per-

§ 679.7
mit as a stationary floating processor
for Pacific cod in the GOA and a catcher/processor in the GOA during the
same year.
(v) Directed fishing after a sideboard
closure. Use a listed AFA catcher/processor or a catcher/processor designated
on a listed AFA catcher/processor permit to engage in directed fishing for a
groundfish species or species group in
the BSAI after the Regional Administrator has issued an AFA catcher/processor sideboard directed fishing closure
for that groundfish species or species
group
under
§§ 679.20(d)(1)(iv),
679.21(b)(4)(iii), or 679.21(e)(3)(v).
(vi) Catch weighing—(A) Listed AFA
catcher/processors and catcher/processors
designated on listed AFA catcher/processor permits. Process any groundfish
that was not weighed on a NMFS-approved scale that complies with the requirements of § 679.28(b). Catch may not
be sorted before it is weighed and each
haul must be sampled by an observer
for species composition.
(B) Unlisted AFA catcher/processors
and catcher/processors designated on unlisted AFA catcher/processor permits.
Process groundfish harvested in the
BSAI pollock fishery that was not
weighed on a NMFS-approved scale
that complies with the requirements of
§ 679.28(b). Catch may not be sorted before it is weighed and each haul must
be sampled by an observer for species
composition.
(vii) Observer sampling station—(A)
Listed AFA catcher/processors and catcher/processors designated on listed AFA
catcher/processor permits. Process any
groundfish without an observer sampling station as described at § 679.28(d).
A valid observer sampling station inspection report must be on board at all
times when an observer sampling station is required.
(B) Unlisted AFA catcher/processors
and catcher/processors designated on unlisted AFA catcher/processor permits.
Process groundfish harvested in the
BSAI pollock fishery without an observer sampling station as described at
§ 679.28(d). A valid observer sampling
station inspection report must be on
board at all times when an observer
sampling station is required.
(2) Motherships—(i) Permit requirement.
Use a mothership to process pollock

661

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

harvested in a non-CDQ directed fishery for pollock in the BSAI without a
valid AFA permit on board the
mothership.
(ii) Processing GOA groundfish. Use an
AFA mothership as a stationary floating processor for Pacific cod in the
GOA and a mothership in the GOA during the same year.
(iii) Catch weighing. Process any
groundfish that was not weighed on a
NMFS-approved scale that complies
with the requirements of § 679.28(b).
Catch may not be sorted before it is
weighed and each delivery must be
sampled by an observer for species
composition.
(iv) Observer sampling station. Process
any groundfish without an observer
sampling station as described at
§ 679.28(d). A valid observer sampling
station inspection report must be on
board at all times when an observer
sampling station is required.
(3) AFA inshore processors—(i) Permit
requirement. Use a shoreside processor
or stationary floating processor to
process pollock harvested in a non-CDQ
directed fishery for pollock in the BS
without a valid AFA inshore processor
permit at the facility or on board vessel.
(ii) Cooperative processing endorsement.
Use a shoreside processor or stationary
floating processor required to have an
AFA inshore processor permit to process groundfish harvested by a fishery
cooperative formed under § 679.62 unless
the AFA inshore processor permit contains a valid cooperative pollock processing endorsement.
(iii) [Reserved]
(iv) Single geographic location requirement. Use an AFA inshore processor to
process pollock harvested in the BS directed pollock fishery at a location
other than the single geographic location defined as follows:
(A) Shoreside processors. The physical
location at which the land-based shoreside processor first processed BS pollock harvested in the BS directed pollock fishery during a fishing year.
(B) Stationary floating processor (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.
(v) Catch weighing. Process any
groundfish that was not weighed on a
scale approved by the State of Alaska
and meeting the requirements specified
in § 679.28(c).
(vi) Catch monitoring and control plan
(CMCP). (A) Take deliveries or process
groundfish delivered by a vessel engaged in directed fishing for BSAI pollock without following an approved
CMCP as described at § 679.28(g). A copy
of the CMCP must be maintained on
the premises and made available to authorized officers or NMFS-authorized
personnel upon request.
(B) Allow sorting of fish at any location in the processing plant other than
those identified in the CMCP under
§ 678.28(g)(7).
(C) Allow salmon of any species to
pass beyond the last point where sorting of fish occurs, as identified in the
scale drawing of the processing plant in
the approved CMCP.
(vii) Restrictions for GOA Pacific cod
and GOA pollock. Use an AFA SFP to
process GOA pollock or GOA Pacific
cod in any location other than the location at which either GOA pollock or
GOA Pacific cod were first processed by
that SFP in the year 2002.
(4) Catcher vessels—(i) Permit requirement. Use a catcher vessel to engage in
directed fishing for non-CDQ BS pollock for delivery to any AFA processing
sector
(catcher/processor,
mothership, or inshore) unless the vessel has a valid AFA catcher vessel permit on board that includes an endorsement for the sector of the BS pollock
fishery in which the vessel is participating.
(ii) [Reserved]
(iii) Groundfish sideboard closures. Use
an AFA catcher vessel to engage in directed fishing for a groundfish species
or species group in the BSAI or GOA
after the Regional Administrator has
issued an AFA catcher vessel sideboard
directed fishing closure for that

662

Fishery Conservation and Management
groundfish species or species group
under §§ 679.20(d)(1)(iv), 679.21(b)(4)(iii),
or 679.21(e)(3)(iv), if the vessel’s AFA
permit does not contain a sideboard exemption for that groundfish species or
species group.
(5) AFA inshore fishery cooperatives—
(i) Overages by vessel. Use an AFA
catcher vessel listed on an AFA inshore
cooperative fishing permit, or under
contract to a fishery cooperative under
§ 679.62(c), to harvest non-CDQ BS pollock in excess of the fishery cooperative’s annual allocation of pollock
specified under § 679.62.
(ii) Overages by fishery cooperative. An
inshore pollock fishery cooperative is
prohibited from exceeding its annual
allocation of BS pollock TAC.
(6) Excessive harvesting shares. It is
unlawful for an AFA entity or a CDQ
group to harvest, through a fishery cooperative or otherwise, an amount of
BS pollock that exceeds the 17.5 percent excessive share limit specified
under § 679.20(a)(5)(i)(A)(6). A CDQ
group’s harvest of BS pollock will be
calculated through its proportional
ownership of individuals, corporations,
or other business concerns that harvest
BS pollock. The owners and operators
of the individual vessels comprising
the AFA entity or CDQ group that harvest BS pollock will be held jointly and
severally liable for exceeding the excessive harvesting share limit.
(7) Excessive processing shares. It is unlawful for an AFA entity or a CDQ
group to process an amount of BS pollock that exceeds the 30-percent excessive share limit specified under
§ 679.20(a)(5)(i)(A)(7). The amount of BS
pollock processed by a CDQ group will
be calculated through its proportional
ownership of individuals, corporations,
or other business concerns that process
BS pollock. The owners and operators
of the individual processors comprising
the AFA entity or CDQ group that
process BS pollock will be held jointly
and severally liable for exceeding the
excessive processing share limit.
(8) Salmon PSC—(i) Discard of salmon.
For any person, to discard any salmon
from a catcher vessel, catcher/processor, mothership, or inshore processor, or transfer or process any salmon under the PSD Program at § 679.26, if
the salmon were taken incidental to a

§ 679.7
directed fishery for pollock in the BS
before the number of salmon has been
determined by an observer and the collection of scientific data or biological
samples from the salmon has been
completed.
(ii) Catcher/processors and motherships.
For the operator of a catcher/processor
or a mothership, to begin sorting catch
from a haul from a directed fishery for
pollock in the BS before the observer
has completed counting the salmon and
collecting scientific data or biological
samples from the previous haul.
(iii) Shoreside processors and stationary
floating processors. For the manager of a
shoreside processor or stationary floating processor to begin sorting a new BS
pollock offload before the observer has
completed the count of salmon and the
collection of scientific data or biological samples from the previous offload.
(iv) Catcher vessels. (A) For the operator of a catcher vessel, to handle,
sort, or discard catch without notifying the observer 15 minutes prior to
handling, sorting, or discarding catch
as described in § 679.21(f)(15)(ii)(B)(2).
(B) For the operator of a catcher vessel to fail to secure catch after the
completion of catch handling and the
collection of scientific data and biological
samples
as
described
in
§ 679.21(f)(15)(ii)(B)(3).
(v) Overages of Chinook salmon PSC allocations—(A) For an inshore cooperative, the entity representing the AFA
catcher/processor sector, or the entity
representing the AFA mothership sector, to exceed a Chinook salmon PSC
allocation issued under § 679.21(f) as of
June 25 for the A season allocation and
as of December 1 for the B season allocation.
(B) For a catcher vessel or catcher/
processor, to start a fishing trip for
pollock in the BS in the A season or in
the B season if the vessel is fishing
under a transferable Chinook salmon
PSC allocation issued to an inshore cooperative, the entity representing the
AFA catcher/processor sector, or the
entity
representing
the
AFA
mothership sector under § 679.21(f) and
the inshore cooperative or entity has
exceeded its Chinook salmon PSC allocation for that season.

663

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

(9) Fail to submit a timely and complete AFA cost recovery fee submission
form and fee as required under § 679.66.
(l) Prohibitions specific to the AI directed pollock fishery—(1) Catcher/processors. (i) Use a catcher/processor vessel
to harvest pollock in the AI directed
pollock fishery or process pollock harvested in the AI directed pollock fishery without a copy of NMFS’ approval
letter on board pursuant to § 679.4(m).
(ii) Process any pollock harvested in
the AI directed pollock fishery without
complying with catch weighing and observer sampling station requirements
set forth at paragraphs (k)(1)(vi) and
(k)(1)(vii) of this section, respectively.
(iii) Use a catcher/processor to harvest pollock in the AI directed pollock
fishery or process pollock harvested in
the AI directed pollock fishery without
a valid AFA catcher/processor permit
on board the vessel.
(2) Motherships. (i) Use a mothership
to process pollock harvested in the AI
directed pollock fishery without a copy
of NMFS’ approval letter on board pursuant to § 679.4(m).
(ii) Process any pollock harvested in
the AI directed pollock fishery without
complying with catch weighing and observer sampling station requirements
set forth at paragraphs (k)(2)(iii) and
(k)(2)(iv) of this section, respectively.
(iii) Use a mothership to process pollock harvested in the AI directed pollock fishery without a valid AFA
mothership permit on board the vessel.
(3) Shoreside and stationary floating
processors. (i) Use a shoreside processor or stationary floating processor
to process pollock harvested in the in
AI directed pollock fishery without a
copy of NMFS’ approval letter on location pursuant to § 679.4(m).
(ii) Process any pollock harvested in
the AI directed pollock fishery without
complying with catch weighing requirements set forth at paragraph
(k)(3)(v) of this section.
(iii) Take deliveries of pollock harvested in the AI directed pollock fishery or process pollock harvested in the
AI pollock fishery without following an
approved CMCP as described in
§ 679.28(g). A copy of the CMCP must be
maintained on the premises and made
available to authorized officers or

NMFS-authorized personnel upon request.
(4) Catcher vessels. (i) Use a catcher
vessel to harvest pollock in the AI directed pollock fishery without a copy
of NMFS’ approval letter on board pursuant to § 679.4(m).
(ii) Have on board at any one time
pollock harvested in the AI directed
pollock fishery and pollock harvested
from either the Bering Sea subarea or
the Gulf of Alaska.
(iii) Use a catcher vessel to deliver
pollock harvested in the AI directed
pollock fishery:
(A) To a shoreside or stationary
floating processor that does not have
an approved CMCP pursuant to
§ 679.28(g) and is not approved by NMFS
to process pollock harvested in the AI
directed pollock fishery, or
(B)
To
a
catcher/processor
or
mothership that is not approved by
NMFS to process pollock harvested in
the AI directed pollock fishery.
(iv) Use a catcher vessel greater than
60 ft (18.3 m) LOA to harvest pollock in
the AI directed pollock fishery unless
the vessel has a valid AFA catcher vessel permit on board.
(5) AI directed pollock fishery overages.
(i) Use a catcher vessel selected by the
Aleut Corporation and approved by
NMFS to participate in the AI directed
pollock fishery under § 679.4(m) to harvest pollock in the AI directed pollock
fishery in excess of the Aleut Corporation’s annual or seasonal allocations of
pollock or in excess of the vessel allocation specified under § 679.20(a)(5)(iii).
(ii) The Aleut Corporation is prohibited from exceeding its annual and seasonal allocations of AI pollock TAC or
from exceeding the allocation to vessels, as specified in § 679.20(a)(5)(iii).
(6) Fail to submit a timely and complete Aleutian Islands pollock cost recovery fee submission form and fee as
required under § 679.67.
(m) PCTC Program—(1) General. (i)
Name an LLP license in more than one
Application for PCTC Program CQ in a
fishing year.
(ii) Use a vessel to catch or receive a
PCTC Program cooperative’s Pacific
cod when that vessel was not listed on
the Application for PCTC Program CQ.
(iii) Fail to comply with any other
requirement or restriction specified in

664

Fishery Conservation and Management
this part or violate any provision of
this part.
(2) Vessel owners and operators participating in the PCTC Program. (i) Fail to
follow the catch monitoring requirements detailed at § 679.134.
(ii) Operate a vessel that is subject to
a sideboard limit detailed at § 679.133,
as applicable, and fail to follow the
catch monitoring requirements detailed at § 679.134.
(iii) Exceed the ownership or use caps
specified at § 679.133.
(3) VMS. (i) Operate a vessel in a
PCTC Program cooperative and fail to
use functioning VMS equipment as described at § 679.134.
(ii) Operate a vessel that is subject to
a sideboard limit detailed at § 679.133
and fail to use functioning VMS equipment as described at § 679.134.
(4) PCTC Program processors. (i) Take
deliveries of, or process, PCTC Program Pacific cod harvested by a catcher vessel fishing under the authority of
a CQ permit unless the processor has
an FPP or FFP and LLP license with a
BSAI Pacific cod trawl mothership endorsement.
(ii) For the manager of a shoreside
processor or stationary floating processor to process any groundfish delivered by a catcher vessel fishing under
the authority of a CQ permit not
weighed on a scale approved by the
State of Alaska.
(iii) Fail to submit a timely and complete Pacific cod Ex-vessel Volume and
Value Report as required under
§ 679.5(u)(1).
(iv) Use a catcher/processor designated on an LLP license with a BSAI
Pacific cod trawl mothership endorsement to sort, process, or discard any
species, except halibut sorted on deck
by vessels participating in halibut deck
sorting described at § 679.120, before the
total catch is weighed on a scale that
meets the requirements of § 679.28(b).
(v) Use a catcher/processor designated on an LLP license with a BSAI
Pacific cod trawl mothership endorsement to process Pacific cod in excess of
the at-sea processing sideboard limit
defined at § 679.133(b)(2) and assigned to
the LLP license.
(vi) Process an amount of Pacific cod
that exceeds use caps specified at
§ 679.133.

§ 679.7
(5) PCTC Program cooperatives. (i) Harvest PCTC Program Pacific cod, use
halibut PSC, or use crab PSC assigned
to a PCTC Program cooperative in the
BSAI without having on board a legible
copy of valid CQ permit.
(ii) Begin a fishing trip for PCTC Program Pacific cod with any vessel
named in a PCTC Program cooperative
if the total amount of unharvested
PCTC Program Pacific cod on a CQ permit currently held by that cooperative
is zero or less.
(iii) Have a negative balance in a CQ
account after the end of the calendar
year for which a CQ permit was issued.
(iv) Fail to submit a PCTC Program
cost recovery fee payment as required
under § 679.135.
(n) Rockfish Program—(1) General. (i)
Use an LLP license assigned to a rockfish cooperative in any rockfish cooperative other than the rockfish cooperative to which that LLP license was
initially assigned for that fishing year.
(ii) Use an LLP license that was excluded from the Rockfish Program or
that opted out of the Rockfish Program in any rockfish cooperative for
that calendar year.
(iii) Operate a vessel assigned to a
rockfish cooperative in any rockfish
cooperative other than the rockfish cooperative to which that vessel was initially assigned for that fishing year.
(2) Vessels operators participating in the
Rockfish Program. (i) Operate a vessel
that is assigned to a rockfish cooperative and fishing under a CQ permit and
fail to follow the catch monitoring requirements
detailed
in
§ 679.84(c)
through (e).
(ii) Operate a vessel that is subject to
a sideboard limit detailed in § 679.82(e),
as applicable, and fail to follow the
catch monitoring requirements detailed in § 679.84(c) from July 1 until
July 31, if that vessel is harvesting fish
in the West Yakutat District, Central
GOA, or Western GOA management
areas.
(iii) Operate a catcher/processor optout vessel, under § 679.81(e)(2), that is
subject to sideboard provisions detailed
in § 679.82(e) and (f), as applicable, and
fail to follow the catch monitoring requirements detailed in § 679.84(d) from
July 1 until July 31, if that vessel is
harvesting fish in the West Yakutat

665

§ 679.7

50 CFR Ch. VI (10–1–23 Edition)

District, Central GOA, or Western GOA
management areas.
(3) VMS. (i) Operate a vessel that is
assigned to a rockfish cooperative and
fail to use functioning VMS equipment
as described at § 679.28(f) at all times
when operating in a reporting area off
Alaska from May 1:
(A) Until November 15; or
(B) Until that rockfish cooperative
has submitted a rockfish cooperative
termination of fishing declaration that
has been approved by NMFS.
(ii) Operate a vessel that is subject to
a sideboard limit detailed in § 679.82(e)
and fail to use functioning VMS equipment as described in § 679.28(f) at all
times when operating in a reporting
area off Alaska from July 1 until July
31.
(4) Catcher/processor vessels that optout. Operate a vessel that has opted-out
of participating in a rockfish cooperative to directed fish for northern rockfish, Pacific ocean perch, or pelagic
shelf rockfish in the Central GOA.
(5) Rockfish processors. (i) Take deliveries of, or process, groundfish harvested by a catcher vessel fishing under
the authority of a rockfish CQ permit
unless operating as a shoreside processor.
(ii) Process any groundfish delivered
by a catcher vessel fishing under the
authority of a CQ permit not weighed
on a scale approved by the State of
Alaska. The scale must meet the requirements specified in § 679.28(c).
(iii) Take deliveries of, or process,
groundfish caught by a vessel fishing
under the authority of a rockfish CQ
permit without following an approved
CMCP as described in § 679.28(g). A copy
of the CMCP must be maintained at
the facility and made available to authorized officers or NMFS-authorized
personnel upon request.
(iv) Take deliveries of, or process,
groundfish harvested by a catcher vessel fishing under the authority of a
rockfish CQ permit outside of the geographic boundaries of the City of Kodiak as those boundaries are established by the State of Alaska on December 27, 2011.
(v) Fail to submit a timely and complete Rockfish Ex-vessel Volume and
Value Report as required under
§ 679.5(r)(10)

(6) Rockfish cooperatives. (i) Fail to retain any rockfish primary species or
rockfish secondary species caught by a
vessel when that vessel is fishing under
the authority of a CQ permit.
(ii) Harvest rockfish primary species,
rockfish secondary species, or use halibut PSC assigned to a rockfish cooperative in the Central GOA without a
valid CQ permit.
(iii) Begin a fishing trip for any
Rockfish Program species with any
vessel assigned to a rockfish cooperative if the total amount of unharvested
CQ that is currently held by that rockfish cooperative is zero or less for any
species for which CQ is assigned.
(iv) Exceed a rockfish sideboard limit
assigned to a rockfish cooperative in
the catcher/processor sector.
(v) Operate a vessel assigned to a
rockfish cooperative to fish under a CQ
permit unless the rockfish cooperative
has notified NMFS that the vessel is
fishing under a CQ permit as described
under § 679.5(r)(8).
(vi) Operate a vessel fishing under
the authority of a CQ permit in the
catcher vessel sector and to have any
Pacific ocean perch, pelagic shelf rockfish, northern rockfish, sablefish, Pacific cod, or thornyhead rockfish
aboard the vessel unless those fish were
harvested under the authority of a CQ
permit.
(vii) Catch and process onboard a vessel any rockfish primary species or
rockfish secondary species harvested
under the authority of a CQ permit
issued to the catcher vessel sector.
(viii) Have a negative balance in a CQ
account for any species for which CQ is
assigned after the end of the calendar
year for which a CQ permit was issued.
(ix) Deliver rockfish primary species
and rockfish secondary species harvested under the authority of a CQ permit to any processor other than a
shoreside processor located within the
geographic boundaries of the City of
Kodiak as those boundaries are established by the State of Alaska on December 27, 2011.
(x) Fail to submit a timely and complete rockfish CQ cost recovery fee submission form as required under
§ 679.5(r)(9).
(7) Use caps. Exceed the use caps that
apply under § 679.82(a).

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Fishery Conservation and Management
(8) Rockfish entry level longline fishery.
(i) Take deliveries of, or process,
groundfish caught by a catcher vessel
directed fishing in the rockfish entry
level longline fishery unless operating
as a shoreside processor.
(ii) Deliver groundfish caught by a
catcher vessel directed fishing in the
rockfish entry level longline fishery to
any processor other than a shoreside
processor.
(iii) Use any gear other than longline
gear to directed fish for a rockfish primary species in the rockfish entry
level longline fishery.
(iv) Catch and process onboard a vessel any rockfish primary species harvested while directed fishing in the
rockfish entry level longline fishery.
(v) Deliver groundfish caught by a
catcher vessel directed fishing in the
rockfish entry level longline fishery
fishing after NMFS has closed directed
fishing to the rockfish entry level
longline fishery or November 15 of each
calendar year, whichever occurs first.
(o) Amendment 80 Program—(1) Amendment 80 vessels. (i) Use any vessel other
than an Amendment 80 vessel to catch
any amount of Amendment 80 species,
crab PSC, or halibut PSC assigned to
the Amendment 80 sector.
(ii) Use an Amendment 80 vessel to
catch any amount of Amendment 80
species, crab PSC, or halibut PSC assigned to the BSAI trawl limited access
sector.
(2) Amendment 80 LLP license. (i) Designate any vessel other than an
Amendment 80 vessel on an Amendment 80 LLP license;
(ii) Fail to designate an Amendment
80 vessel on an Amendment 80 LLP license that is endorsed for groundfish in
the Bering Sea subarea or Aleutian Islands subarea with a catcher/processor
designation at all times during a calendar year unless that Amendment 80
vessel has suffered an actual total loss,
constructive total loss, or is permanently ineligible to receive a fishery
endorsement under 46 U.S.C. 12108.
(3) Amendment 80 QS permit. (i) Hold
an Amendment 80 QS permit assigned
to an Amendment 80 vessel if that person does not hold an Amendment 80
LLP license that designates that
Amendment 80 vessel.

§ 679.7
(ii) Hold an Amendment 80 QS permit
that is assigned to an Amendment 80
vessel under § 679.4(o)(1) if that person
is not designated as the owner of that
Amendment 80 vessel by an abstract of
title or USCG documentation.
(iii) Hold an Amendment 80 QS permit assigned to an Amendment 80 vessel if that Amendment 80 vessel has
suffered an actual total loss, constructive total loss, or is permanently ineligible to receive a fishery endorsement
under 46 U.S.C. 12108 after October 15 in
the calendar year following the date of
that actual total loss, constructive
total loss, or permanent ineligibility to
receive a fishery endorsement under 46
U.S.C. 12108.
(iv) Fish in an Amendment 80 fishery
without an Amendment 80 QS permit
or Amendment 80 LLP/QS license assigned to that vessel.
(v) Use an Amendment 80 catcher/
processor, as defined at § 679.2, to receive and process Pacific cod harvested
by vessels directed fishing for Pacific
cod in the BSAI or GOA, if that catcher/processor is not designated on:
(A) An Amendment 80 QS permit and
an Amendment 80 LLP license; or
(B) An Amendment 80 LLP/QS license.
(4) Amendment 80 cooperatives. (i) Use
an Amendment 80 vessel, Amendment
80 LLP license, or Amendment 80 QS
permit not assigned to an Amendment
80 cooperative for a calendar year to
catch any Amendment 80 species, crab
PSC, or halibut PSC assigned to that
Amendment 80 cooperative during that
calendar year;
(ii) Use an Amendment 80 vessel assigned to an Amendment 80 cooperative
for a calendar year to receive or process catch from any Amendment 80 vessel not assigned to that Amendment 80
cooperative for that calendar year.
(iii) Catch, process, or receive
Amendment 80 species assigned to an
Amendment 80 cooperative in the BSAI
or adjacent waters open by the State of
Alaska for which it adopts a Federal
fishing season without a copy of a valid
Amendment 80 CQ permit onboard unless that Amendment 80 vessel is using
dredge gear while directed fishing for
scallops.
(iv) [Reserved]

667

§ 679.8

50 CFR Ch. VI (10–1–23 Edition)

(v) Begin a fishing trip for any
Amendment 80 species with any vessel
assigned to an Amendment 80 cooperative if the total amount of unharvested
CQ that is currently held by that
Amendment 80 cooperative is zero or
less for any species for which CQ is assigned.
(vi) Have a negative balance in a CQ
account for any species for which CQ is
assigned after the end of the calendar
year for which a CQ permit was issued.
(vii) Fail to submit a timely and
complete Amendment 80 cost recovery
fee submission form and fee as required
under § 679.95.
(5) Amendment 80 limited access fishery.
(i) Use an Amendment 80 vessel,
Amendment 80 LLP license, or Amendment 80 QS permit not assigned to the
Amendment 80 limited access fishery
for a calendar year to catch any
Amendment 80 species, crab PSC, or
halibut PSC assigned to the Amendment 80 limited access sector during
that calendar year;
(ii) Use an Amendment 80 vessel assigned to the Amendment 80 limited
access fishery for a calendar year to receive or process catch from any
Amendment 80 vessel not assigned to
the Amendment 80 limited access fishery for that calendar year;
(iii) Catch, process, or receive
Amendment 80 species assigned to the
Amendment 80 limited access fishery
in the BSAI or adjacent waters open by
the State of Alaska for which it adopts
a Federal fishing season without a copy
of a valid Amendment 80 limited access
fishery permit onboard unless that
Amendment 80 vessel is using dredge
gear while directed fishing for scallops.
(6) Catch monitoring. (i) Operate an
Amendment 80 vessel using any gear
but dredge gear while directed fishing
for scallops or a catcher/processor not
listed in § 679.4(l)(2)(i) and using trawl
gear, to catch, process, or receive fish
in the BSAI or adjacent waters opened
by the State of Alaska for which it
adopts a Federal fishing season and fail
to follow the catch monitoring requirements detailed at § 679.93(a), (b), and
(c).
(ii) Operate an Amendment 80 vessel
using any gear but dredge gear while
directed fishing for scallops that is subject to a sideboard limit detailed at

§ 679.92(b) and (c), as applicable, in the
GOA or adjacent waters open by the
State of Alaska for which it adopts a
Federal fishing season, and fail to follow the catch monitoring requirements
detailed at § 679.93(a), (b), and (d).
(7) Use caps. Exceed the use caps that
apply under § 679.92(a).
(8) Economic data report (EDR): Fail to
submit a timely and complete EDR as
described under § 679.94.
(9) First Wholesale Volume and Value
Report. For an Amendment 80 vessel
owner to fail to submit a timely and
complete First Wholesale Volume and
Value Report as required under
§ 679.5(u)(2).
(p) Arctic Management Area. Conduct
commercial fishing for any Arctic fish
in the Arctic Management Area.
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.7, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.8

Facilitation of enforcement.

See § 600.730 of this chapter.
§ 679.9

Penalties.

See § 600.735 of this chapter.

Subpart B—Management
Measures
§ 679.20

General limitations.

This section applies to vessels engaged in directed fishing for groundfish
in the GOA and/or the BSAI and to vessels engaged in commercial fishing for
Arctic fish in the Arctic Management
Area.
(a) Harvest limits—(1) OY—(i) BSAI
and GOA. The OY for BSAI and GOA
target species is a range or specific
amount that can be harvested consistently with this part, plus the amounts
of ‘‘nonspecified species’’ taken incidentally to the harvest of target species. The species categories are defined
in Table 1 of the specifications as provided in paragraph (c) of this section.
(A) The OY for groundfish in the
BSAI regulated by this section and by
part 600 of this chapter is 1.4 million to
2.0 million mt.

668

Fishery Conservation and Management
(B) The OY for groundfish in the GOA
regulated by this section and by part
600 of this chapter is 116,000 to 800,000
mt.
(ii) Arctic Management Area. The OY
for each target fish species identified
in the Fishery Management Plan for
Fish Resources of the Arctic Management Area regulated by this section
and by part 600 of this chapter is 0 mt.
(2) TAC. NMFS, after consultation
with the Council, will specify and apportion the annual TAC and reserves
for each calendar year among the GOA
and BSAI target species. TACs in the
target species category may be split or
combined for purposes of establishing
new TACs with apportionments thereof
under paragraph (c) of this section. The
sum of the TACs so specified must be
within the OY range specified in paragraph (a)(1) of this section.
(3) Annual TAC determination. The annual determinations of TAC for each
target species and the reapportionment
of reserves may be adjusted, based
upon a review of the following:
(i) Biological condition of groundfish
stocks. Resource assessment documents
prepared annually for the Council that
provide information on historical catch
trend; updated estimates of the MSY of
the groundfish complex and its component species groups; assessments of the
stock condition of each target species;
assessments of the multispecies and
ecosystem impacts of harvesting the
groundfish complex at current levels,
given the assessed condition of stocks,
including consideration of rebuilding
depressed stocks; and alternative harvesting strategies and related effects
on the component species group.
(ii) Socioeconomic considerations. Socioeconomic considerations that are
consistent with the goals of the fishery
management plans for the groundfish
fisheries of the BSAI and the GOA, including the need to promote efficiency
in the utilization of fishery resources,
including minimizing costs; the need to
manage for the optimum marketable
size of a species; the impact of groundfish harvests on prohibited species and
the domestic target fisheries that utilize these species; the desire to enhance
depleted stocks; the seasonal access to
the groundfish fishery by domestic
fishing vessels; the commercial impor-

§ 679.20
tance of a fishery to local communities; the importance of a fishery to
subsistence users; and the need to promote utilization of certain species.
(4) Sablefish TAC—(i) Eastern GOA regulatory area—(A) Fixed gear. Vessels in
the Eastern GOA regulatory area using
fixed gear will be allocated 95 percent
of the sablefish TAC.
(B) Trawl gear. Vessels in the Eastern
GOA regulatory area using trawl gear
will be allocated 5 percent of the sablefish TAC for bycatch in other trawl
fisheries.
(ii) Central and Western GOA regulatory areas—(A) Fixed gear. Vessels in
the Central and Western GOA regulatory areas using fixed gear will be allocated 80 percent of the sablefish TAC
in each of the Central and Western
GOA regulatory areas.
(B) Trawl gear. Vessels using trawl
gear will be allocated 20 percent of the
sablefish TAC in these areas.
(iii) Bering Sea subarea—(A) Fixed
gear. Vessels in the Bering Sea subarea
using fixed gear will be allocated 50
percent of each TAC for sablefish.
(B) Trawl gear. Vessels in the Bering
Sea subarea using trawl gear will be allocated 50 percent of each TAC for sablefish.
(iv) Aleutian Islands subarea—(A)
Fixed gear. Vessels in the Aleutian Islands subarea using fixed gear will be
allocated 75 percent of each TAC for sablefish.
(B) Trawl gear. Vessels in the Aleutian Islands subarea using trawl gear
will be allocated 25 percent of each
TAC for sablefish.
(5) Pollock TAC—(i) Bering Sea Subarea—(A) AFA allocations. The pollock
TAC apportioned to the Bering Sea
Subarea, after subtraction of the 10
percent CDQ reserve under § 679.31(a),
will be allocated as follows:
(1) Incidental catch allowance. The Regional Administrator will establish an
incidental catch allowance to account
for projected incidental catch of pollock by vessels engaged in directed
fishing for groundfish other than pollock and by vessels harvesting non-pollock CDQ. If during a fishing year, the
Regional Administrator determines
that the incidental catch allowance has
been set too high or too low, he/she
may issue inseason notification in the

669

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

FEDERAL REGISTER that reallocates incidental catch allowance to the directed fishing allowance, or vice versa,
according to the proportions established under paragraph (a)(5)(i)(A) of
this section.
(2) Directed fishing allowance. The remaining pollock TAC apportioned to
the Bering Sea subarea is established
as a directed fishing allowance.
(3) Inshore sector allocation. Fifty percent of the directed fishing allowance
will be allocated to AFA catcher vessels harvesting pollock for processing
by AFA inshore processors. The
inshore allocation will be further divided into separate allocations for cooperative and open access fishing.
(i) Inshore cooperatives. The inshore
cooperative allocation will be equal to
the aggregate annual allocations of all
AFA inshore catcher vessel cooperatives that receive pollock allocations
under § 679.62(a).
(ii) Inshore open access. The inshore
open access allocation will equal that
portion of the inshore sector allocation
that is not allocated to inshore cooperatives.
(4) Catcher/processor sector allocation.
Forty percent of the directed fishing
allowance will be allocated to AFA
catcher/processors and AFA catcher
vessels delivering to catcher processors.
(i) Catcher/processor and catcher vessel
cooperatives. If by December 1 of the
year prior to the year when fishing
under the cooperative agreement will
begin, NMFS receives filing of cooperative contracts and/or an inter-cooperative agreement entered into by listed
AFA catcher/processors and all AFA
catcher vessels with catcher/processor
sector endorsements, and the Regional
Administrator determines that such
contracts provide for the distribution
of harvest between catcher/processors
and catcher vessels in a manner agreed
to by all members of the catcher/processor sector cooperative(s), then NMFS
will not subdivide the catcher/processor sector allocation between catcher
vessels and catcher/processors.
(ii) Catcher vessel allocation. If such
contract is not filed with NMFS by December 1 of the preceding year, then
NMFS will allocate 91.5 percent of the
catcher/processor sector allocation to

AFA catcher/processors engaged in directed fishing for pollock and 8.5 percent of the catcher/processor sector allocation to AFA catcher vessels delivering to catcher/processors.
(iii) Unlisted AFA catcher processors.
Unlisted AFA catcher/processors will
be limited to harvesting not more than
0.5 percent of catcher/processor sector
allocation.
(5) Mothership sector allocation. Ten
percent of the directed fishing allowance will be allocated to AFA catcher
vessels harvesting pollock for processing by AFA motherships.
(6) Excessive harvesting share. NMFS
will establish an excessive harvesting
share limit equal to 17.5 percent of the
sum of the directed fishing allowances
established under paragraphs (a)(5)(i)
and (a)(5)(ii) of this section. The excessive harvesting share limit will be published in the annual harvest specifications and is subject to revision on an
inseason basis if NMFS reallocates
unharvested amounts of the incidental
catch allowance to the directed fishing
allowance, or vice versa.
(7) Excessive processing share. NMFS
will establish an excessive processing
share limit equal to 30.0 percent of the
sum of the directed fishing allowances
established under paragraphs (a)(5)(i)
and (a)(5)(ii) of this section. The excessive processing share limit will be published in the annual harvest specifications and is subject to revision on an
inseason basis if NMFS reallocates
unharvested amounts of the incidental
catch allowance to the directed fishing
allowance, or vice versa.
(B) BSAI seasonal allowances for AFA
and CDQ—(1) Inshore, catcher/processor,
mothership, and CDQ sectors. The portions of the BS subarea pollock directed fishing allowances allocated to
each sector under sections 206(a) and
206(b) of the AFA and the CDQ allowance in the BSAI will be divided into
two seasonal allowances corresponding
to the two fishing seasons set out at
§ 679.23(e)(2), as follows:
(i) A Season, 45 percent;
(ii) B Season, 55 percent.
(2) Inseason adjustments. Within any
fishing year, the Regional Administrator may add or subtract any under
harvest or over harvest of a seasonal

670

Fishery Conservation and Management
allowance for a component to the subsequent seasonal allowance for the
component through notification published in the FEDERAL REGISTER.
(C) Steller sea lion conservation area
(SCA) harvest limit. For each component
under Sections 206(a) and 206(b) of the
AFA and for the open access fishery, no
more than 28 percent of the annual pollock directed fishery allowance may be
taken from the SCA before April 1. The
SCA is defined at § 679.22(a)(7)(vii).
(ii) Bogoslof District. If the Bogoslof
District is open to directed fishing for
pollock by regulation, then the pollock
TAC for this district will be allocated
according to the same procedure established for the Bering Sea subarea at
paragraph (a)(5)(i) of this section. If the
Bogoslof District is closed to directed
fishing for pollock by regulation, then
the entire TAC for this district will be
allocated as an incidental catch allowance.
(iii) AI. (A) If a directed fishery for
pollock in the AI is not specified under
paragraph (c) of this section, then the
entire TAC for this subarea will be allocated as an incidental catch allowance.
(B) If the AI is open to directed fishing for pollock under paragraph (c) of
this section, then the pollock TAC for
this subarea will be specified, allocated, seasonally apportioned, and reallocated as follows:
(1) AI annual TAC limitations. When
the AI pollock ABC is less than 19,000
mt, the annual TAC will be no greater
than the ABC. When the AI pollock
ABC equals or exceeds 19,000 mt, the
annual TAC will be equal to 19,000 mt.
(2) Allocations—(i) CDQ Directed fishing allowance. 10 percent of the annual
TAC will be allocated to the CDQ pollock
reserve
established
under
§ 679.31(a)(2).
(ii) Incidental catch allowance. The Regional Administrator will determine
the amount of the pollock incidental
catch necessary to support an incidental catch allowance in the AI during the fishing year for each season.
This amount of pollock will be deducted from the annual TAC. If during
a fishing year, the Regional Administrator determines that the incidental
catch allowance is excessive or inadequate, the Regional Administrator

§ 679.20
may reallocate the excess of the incidental catch allowance to the directed
pollock fishery, or may reallocate pollock from the directed pollock fishery
to the incidental catch allowance as
necessary to support incidental catch
of pollock in AI groundfish fisheries, by
publication in the FEDERAL REGISTER.
(iii) Directed Pollock Fishery. The
amount of the TAC remaining after
subtraction of the CDQ directed fishing
allowance and the incidental catch allowance will be allocated to the Aleut
Corporation as a directed pollock fishery allocation.
(3) Seasonal apportionment. The seasonal harvest of pollock in the AI directed pollock fishery shall be:
(i) A season. No greater than the lesser of the annual initial TAC plus any A
season CDQ pollock directed fishery allowance or 40 percent of the AI pollock
ABC. The total A season apportionment, including the AI directed pollock
fishery allocation, the CDQ pollock directed fishery seasonal allowance, and
the incidental catch amount, shall not
exceed 40 percent of the ABC.
(ii) B season. The B season apportionment of the AI directed pollock fishery
shall equal the annual initial TAC
minus the A season directed pollock
fishery apportionment under paragraph
(a)(5)(iii)(B)(3)(i) of this section and
minus the incidental catch amount
under paragraph (a)(5)(iii)(B)(2)(ii) of
this section.
(iii) Inseason adjustments for the directed pollock fishery. During any fishing year, the Regional Administrator
may add any under harvest of the A
season directed pollock fishery apportionment to the B season directed pollock fishery apportionment by inseason
notification published in the FEDERAL
REGISTER if the Regional Administrator determines that the harvest capacity in the B season is sufficient to
harvest the adjusted B season apportionment.
(iv) Inseason adjustments for the incidental catch allowance. During any fishing year, the Regional Administrator
may add any under harvest of the A
season incidental catch allowance apportionment to the B season incidental
catch allowance apportionment by publication in the FEDERAL REGISTER if
the Regional Administrator determines

671

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

that the additional B season incidental
catch allowance is necessary to support
other groundfish fisheries.
(4) Reallocation of the annual AI directed pollock fishery and AI CDQ allocations. As soon as practicable, if the Regional Administrator determines that
vessels participating in either the AI
directed pollock fishery or the AI CDQ
directed pollock fishery likely will not
harvest the entire AI directed pollock
fishery or CDQ pollock directed fishing
allowance, the Regional Administrator
may reallocate some or all of the projected unused directed pollock fishery
allocation to the Bering Sea subarea
directed pollock fishery or AI CDQ pollock directed fishing allowance to the
Bering Sea subarea CDQ pollock directed fishing allowance by inseason
notification published in the FEDERAL
REGISTER.
(5) Allocations to small vessels. The annual allocation for vessels 60 feet (18.3
m) LOA or less participating in the AI
directed pollock fishery will be:
(i) No more than 25 percent of the AI
directed pollock fishery allocation
through 2008;
(ii) No more than 50 percent of the AI
directed pollock fishery allocation
from 2009 through 2012; and
(iii) 50 percent of the AI directed pollock fishery allocation in 2013 and beyond.
(6) Pollock harvest limitations. Pollock
harvests during the A season as defined
at § 679.23(e)(2) are limited to:
(i) No more than 5 percent of the
Aleutian Islands pollock ABC in Area
543.
(ii) No more than 15 percent of the
Aleutian Islands pollock ABC in Area
542.
(iii) No more than 30 percent of the
Aleutian Islands pollock ABC in Area
541.
(iv) GOA—(A) Apportionment by area.
The TAC for pollock in the combined
GOA Western and Central Regulatory
Areas will be apportioned among statistical areas 610, 620, and 630 in proportion to the distribution of the pollock
biomass as determined by the most recent NMFS surveys.
(B) GOA Western and Central Regulatory Areas seasonal apportionments.
Each apportionment established under
paragraph (a)(5)(iv)(A) of this section

will be divided into two seasonal apportionments corresponding to the two
fishing seasons specified in § 679.23(d)(2)
as follows: A Season, 50 percent; and B
Season, 50 percent. Within any fishing
year, underharvest or overharvest of a
seasonal apportionment may be added
to or subtracted from remaining seasonal apportionments in a manner to
be determined by the Regional Administrator, provided that any revised seasonal apportionment does not exceed 20
percent of the seasonal TAC apportionment for the statistical area. The reapportionment of underharvest will be
applied to the subsequent season within the same statistical area up to the
20 percent limit specified in this paragraph. Any underharvest remaining beyond the 20 percent limit may be further apportioned to the subsequent season in the other statistical areas, in
proportion to estimated biomass and in
an amount no more than 20 percent of
the seasonal TAC apportionment for
the statistical area.
(6) GOA inshore/offshore allocations—
(i) GOA pollock. The apportionment of
pollock in all GOA regulatory areas for
each seasonal allowance described in
paragraph (a)(5)(iv) of this section will
be allocated entirely to vessels harvesting pollock for processing by the
inshore component in the GOA after
subtraction of an amount that is projected by the Regional Administrator
to be caught by, or delivered to, the
offshore component in the GOA incidental to directed fishing for other
groundfish species.
(ii) Eastern GOA Regulatory Area Pacific cod. The apportionment of Pacific
cod in the Eastern GOA Regulatory
Area will be allocated 90 percent to
vessels harvesting Pacific cod for processing by the inshore component and 10
percent to vessels harvesting Pacific
cod for processing by the offshore component.
(7) Pacific cod TAC, BSAI—(i) CDQ reserve and seasonal allowances. (A) A
total of 10.7 percent of the annual Pacific cod TAC will be allocated to the
CDQ Program in the annual harvest
specifications required under paragraph (c) of this section. The Pacific
cod CDQ allocation will be deducted
from the annual Pacific cod TAC before
allocations to the non-CDQ sectors are

672

Fishery Conservation and Management
made under paragraph (a)(7)(ii) of this
section.
(B) The BSAI Pacific cod CDQ gear
allowances by season, as those seasons
Gear Type

§ 679.20
are specified under § 679.23(e)(5), are as
follows:

A season

(1) Trawl
(i) Trawl CV
(ii) Trawl CP

B season

C season

60%

20%

20%

70%

10%

20%

50%

30%

20%

(2) Hook-and-line CP and hook-and-line CV ≥60 ft
(18.3 m) LOA

60%

40%

no C season

(3) Jig

40%

20%

40%

(4) All other non-trawl gear

no seasonal allowance

no seasonal allowance

no seasonal allowance

(ii) Non-CDQ allocations—(A) Sector
allocations. The remainder of the BSAI
Pacific cod TAC after subtraction of
the CDQ reserve for Pacific cod will be
allocated to non-CDQ sectors as follows:
Sector
(1) Jig vessels

% Allocation
1.4

(2) Hook-and-line/pot CV <60 ft (18.3
m) LOA

2

(3) Hook-and-line CV ≥60 ft (18.3 m)
LOA

0.2

(4) Hook-and-line CP

48.7

(5) Pot CV ≥60 ft (18.3 m) LOA

8.4

(6) Pot CP

1.5

(7) AFA trawl CP

2.3

(8) Amendment 80 sector

13.4

(9) Trawl CV

22.1

(B) Incidental catch allowance. During
the annual harvest specifications process set forth at paragraph (c) of this
section, the Regional Administrator
will specify an amount of Pacific cod
that NMFS estimates will be taken as
incidental catch in directed fisheries
for groundfish other than Pacific cod
by the hook-and-line and pot gear sectors. This amount will be the incidental catch allowance and will be deducted from the aggregate portion of
Pacific cod TAC annually allocated to
the hook-and-line and pot gear sectors
before the allocations under paragraph
(a)(7)(ii)(A) of this section are made to
these sectors.

(iii) Reallocation among non-CDQ sectors. If, during a fishing year, the Regional Administrator determines that
a non-CDQ sector will be unable to harvest the entire amount of Pacific cod
allocated to that sector under paragraph (a)(7)(ii)(A) of this section, the
Regional Administrator will reallocate
the projected unused amount of Pacific
cod to other sectors through notification in the FEDERAL REGISTER. Any reallocation decision by the Regional Administrator will take into account the
capability of a sector to harvest the reallocated amount of Pacific cod, and
the following reallocation hierarchy:
(A) Catcher vessel sectors. The Regional Administrator will reallocate
projected unharvested amounts of Pacific cod TAC from a catcher vessel
sector as follows: first to the jig sector,
or to the less than 60 ft (18.3 m) LOA
hook-and-line or pot catcher vessel sector, or to both of these sectors; second,
to the greater than or equal to 60 ft
(18.3 m) LOA hook-and-line or to the
greater than or equal to 60 ft (18.3 m)
LOA pot catcher vessel sectors; and
third to the trawl catcher vessel sector. If the Regional Administrator determines that a projected unharvested
amount from the jig sector allocation,
the less than 60 ft (18.3 m) LOA hookand-line or pot catcher vessel sector allocation, or the greater than or equal
to 60 ft (18.3 m) LOA hook-and-line
catcher vessel sector allocation is unlikely to be harvested through this hierarchy, the Regional Administrator
will reallocate that amount to the
hook-and-line catcher/processor sector.

673

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

If the Regional Administrator determines that a projected unharvested
amount from a greater than or equal to
60 ft (18.3 m) LOA pot catcher vessel
sector allocation is unlikely to be harvested through this hierarchy, the Regional Administrator will reallocate
that amount to the pot catcher/processor sector in accordance with the hierarchy
set
forth
in
paragraph
(a)(7)(iii)(C) of this section. If the Regional Administrator determines that
a projected unharvested amount from a
trawl catcher vessel sector allocation
is unlikely to be harvested through
this hierarchy, the Regional Administrator will reallocate that amount to
the other trawl sectors in accordance
with the hierarchy set forth in paragraph (a)(7)(iii)(B) of this section.
(B) Trawl gear sectors. The Regional
Administrator will reallocate any projected unharvested amounts of Pacific
cod TAC from the trawl catcher vessel
or AFA catcher/processor sectors to
other trawl sectors before unharvested
amounts are reallocated and appor-

tioned to specified gear sectors as follows:
(1) 83.1 percent to the hook-and-line
catcher/processor sector,
(2) 2.6 percent to the pot catcher/
processor sector, and
(3) 14.3 percent to the greater than or
equal to 60 ft (18.3 m) LOA pot catcher
vessel sector.
(C) Pot gear sectors. The Regional Administrator will reallocate any projected unharvested amounts of Pacific
cod TAC from the pot catcher/processor
sector to the greater than or equal to
60 ft (18.3 m) LOA pot catcher vessel
sector, and from the greater than or
equal to 60 ft (18.3 m) LOA pot catcher
vessel sector to the pot catcher/processor sector before reallocating it to
the hook-and-line catcher/processor
sector.
(iv) Non-CDQ seasonal allowances—(A)
Seasonal allowances by sector. The BSAI
Pacific cod sector allowances are apportioned by season, as those seasons
are specified at § 679.23(e)(5), as follows:
Seasonal Allowances

Sector
A season

B season

C season

(i) Trawl CV

74 %

11 %

15 %

(ii) Trawl CP

75 %

25 %

0%

(2) Hook-and-line CP, hook-and-line CV
≥60 ft (18.3 m) LOA, and pot gear vessels ≥60 ft (18.3 m) LOA

51 %

49 %

no C season

(3) Jig vessels

60 %

20 %

20 %

no seasonal allowance

no seasonal allowance

no seasonal allowance

(1) Trawl

(4) All other nontrawl vessels

(B) Unused seasonal allowances. Any
unused portion of a seasonal allowance
of Pacific cod from any sector except
the jig sector will be reallocated to
that sector’s next season during the
current fishing year unless the Regional Administrator makes a determination under paragraph (a)(7)(iii) of
this section that the sector will be unable to harvest its allocation.
(C) Jig sector. The Regional Administrator will reallocate any projected unused portion of a seasonal allowance of
Pacific cod for the jig sector under this
section to the less than 60 ft (18.3 m)
LOA hook-and-line or pot catcher ves-

sel sector. The Regional Administrator
will reallocate the projected unused
portion of the jig sector’s C season allowance on or about September 1 of
each year.
(v) ITAC allocation to the Amendment
80 sector. A percentage of the Pacific
cod TAC, after subtraction of the CDQ
reserve, will be allocated as ITAC to
the Amendment 80 sector as described
in Table 33 to this part. Separate allocations for each Amendment 80 cooperative and the Amendment 80 limited
access fishery are described under
§ 679.91. The allocation of Pacific cod to

674

Fishery Conservation and Management
the Amendment 80 sector will be further divided into seasonal apportionments as described under paragraph
(a)(7)(iv)(A)(1)(ii) of this section.
(A) Use of seasonal apportionments by
Amendment 80 cooperatives. (1) The
amount of Pacific cod listed on a CQ
permit that is assigned for use in the A
season may be used in the B or C season.
(2) The amount of Pacific cod that is
listed on a CQ permit that is assigned
for use in the B season may not be used
in the A season.
(3) The amount of Pacific cod listed
on a CQ permit that is assigned for use
in the C season may not be used in the
A or B seasons.
(B) Harvest of seasonal apportionments
in the Amendment 80 limited access fishery. (1) Pacific cod ITAC assigned for
harvest by the Amendment 80 limited
access fishery in the A season may be
harvested in the B or C seasons.
(2) Pacific cod ITAC assigned for harvest by the Amendment 80 limited access fishery in the B season may not be
harvested in the A season.
(3) Pacific cod ITAC assigned for harvest by the Amendment 80 limited access fishery in the C season may not be
harvested in the A or B seasons.
(vi) ITAC rollover to Amendment 80 cooperatives. If during a fishing year, the
Regional Administrator determines
that a portion of the Pacific cod TAC is
unlikely to be harvested and is made
available for reallocation to the
Amendment 80 sector according to the
provisions under paragraph (a)(7)(iii) of
this section, the Regional Administrator may issue inseason notification
in the FEDERAL REGISTER that reallocates that remaining amount of Pacific
cod to Amendment 80 cooperatives, according to the procedures established
under § 679.91(f).
(vii) Pacific cod harvest limitations.
During the annual harvest specifications process, the Regional Administrator will establish an Area 543 Pacific
cod harvest limit based on Pacific cod
abundance in Area 543 as determined
by the annual stock assessment process. NMFS will first subtract the State
GHL Pacific cod amount from the AI
Pacific cod ABC. Then NMFS will determine the harvest limit in Area 543
by multiplying the percentage of Pa-

§ 679.20
cific cod estimated in Area 543 by the
remaining ABC for AI Pacific cod.
(viii) Aleutian Islands CQ set-aside provisions. During the annual harvest specifications process, the Regional Administrator will establish the PCTC Program Aleutian Islands CQ set-aside
through the process set forth at
§ 679.132.
(8) BSAI Atka mackerel—(i) Jig gear.
Vessels using jig gear will be allocated
up to 2 percent of the TAC of Atka
mackerel specified for the Eastern
Aleutian Islands District and Bering
Sea subarea, after subtraction of reserves, based on the following criteria:
(A) The amount of Atka mackerel
harvested by vessels using jig gear during recent fishing years;
(B) The anticipated harvest of Atka
mackerel by vessels using jig gear during the upcoming fishing year; and
(C) The extent to which the jig-gear
allocation will support the development of a jig-gear fishery for Atka
mackerel while minimizing the amount
of Atka mackerel TAC annually allocated to vessels using jig gear that remains unharvested at the end of the
fishing year.
(ii) ITAC allocation to Amendment 80
and BSAI trawl limited access sectors.
The remainder of the Atka mackerel
TAC, after subtraction of the jig gear
allocation, CDQ reserve, and incidental
catch allowance for the BSAI trawl
limited access sector and vessels using
non-trawl gear, will be allocated as
ITAC to the Amendment 80 and BSAI
trawl limited access sectors.
(A) Seasonal allowances. The Atka
mackerel TAC specified for each subarea or district will be divided equally,
after subtraction of the jig gear allocation, into two seasonal allowances corresponding to the A and B seasons defined at § 679.23(e)(3).
(B) Overages and Underages. Within
any fishing year, unharvested amounts
of the A season allowance will be added
to the B season allowance and harvests
in excess of the A season allowance will
be deducted from the B season allowance.
(C) Atka mackerel harvest limitations.
(1) Atka mackerel catch within waters
0 nm to 20 nm of Steller sea lion sites
listed in Table 6 to this part and located west of 178° W longitude is:

675

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

(i) Limited to no more than 60 percent of the annual TACs in Areas 542
and 543; and
(ii) Equally divided between the A
and
B
seasons
as
defined
at
§ 679.23(e)(3).
(2) The annual TAC in Area 543 will
be no more than 65 percent of the ABC
in Area 543.
(D) Any unharvested Atka mackerel
A season allowance that is added to the
B season is prohibited from being harvested within waters 0 nm to 20 nm of
Steller sea lion sites listed in Table 6
to this part and located in Areas 541,
542, and 543.
(iii) [Reserved]
(iv) Amendment 80 sector allocation.
The allocation of Atka mackerel ITAC
to the Amendment 80 sector is established in Table 33 to this part. The allocation of Atka mackerel ITAC to the
Amendment 80 sector will be further
divided into seasonal apportionments
under § 679.23(e)(3), and separate allocations for each Amendment 80 cooperative and the Amendment 80 limited access fishery as described under § 679.91.
(A) Use of seasonal apportionments by
Amendment 80 cooperatives. (1) The
amount of Atka mackerel listed on a
CQ permit that is assigned for use in
the A season may be used in the B season.
(2) The amount of Atka mackerel
listed on a CQ permit that is assigned
for use in the B season may not be used
in the A season.
(B) Harvest of seasonal apportionments
in the Amendment 80 limited access fishery. (1) Atka mackerel ITAC assigned
for harvest by the Amendment 80 limited access fishery in the A season may
be harvested in the B season.
(2) Atka mackerel ITAC assigned for
harvest by the Amendment 80 limited
access fishery in the B season may not
be harvested in the A season.
(v) BSAI trawl limited access sector allocation—(A) BSAI trawl limited access
sector directed fishing allowance. The
amount of Atka mackerel ITAC assigned as a directed fishing allowance
to the BSAI trawl limited access sector
is established in Table 33 to this part.
(B) BSAI trawl limited access sector incidental catch allowance and ITAC rollover. If, during a fishing year, the Regional Administrator determines that

a portion of the Atka mackerel incidental catch allowance or ITAC assigned to the BSAI trawl limited access
sector is unlikely to be harvested, the
Regional Administrator may issue
inseason notification in the FEDERAL
REGISTER that reallocates that remaining amount of Atka mackerel directed
fishing allowance to Amendment 80 cooperatives, according to the procedures
established under § 679.91(f).
(9) BSAI shortraker rockfish and
rougheye rockfish. After subtraction of
reserves, the TAC of shortraker rockfish and rougheye rockfish specified for
the Aleutian Islands subarea will be allocated 30 percent to vessels using nontrawl gear and 70 percent to vessels
using trawl gear.
(10) Amendment 80 species except Pacific cod and Atka mackerel—(i) ITAC allocation to the Amendment 80 and BSAI
trawl limited access sectors. The remainder of the TACs for each Amendment 80
species other than Atka mackerel and
Pacific cod, after subtraction of the
CDQ reserve and incidental catch allowance for the BSAI trawl limited access sector and vessels using non-trawl
gear, will be allocated as ITAC to the
Amendment 80 and BSAI trawl limited
access sectors.
(ii) Amendment 80 sector ITAC. The allocation of ITAC for each Amendment
80 species other than Atka mackerel
and Pacific cod to the Amendment 80
sector is established in Tables 33 and 34
to this part. The allocation of these
species to the Amendment 80 sector
will be further divided into separate allocations for each Amendment 80 cooperative and the Amendment 80 limited
access fishery as described under
§ 679.91.
(iii) BSAI trawl limited access sector allocation—(A) BSAI trawl limited access
sector directed fishing allowance. The
amount of ITAC for each Amendment
80 species other than Atka mackerel
and Pacific cod assigned as a directed
fishing allowance to the BSAI trawl
limited access sector is established in
Tables 33 and 34 to this part.
(B) BSAI trawl limited access sector
ITAC rollover. If, during a fishing year,
the Regional Administrator determines
that a portion of the incidental catch
allowance or ITAC assigned to the
BSAI trawl limited access sector for

676

Fishery Conservation and Management
each Amendment 80 species other than
Atka mackerel and Pacific cod is unlikely to be harvested, the Regional
Administrator may issue inseason notification in the FEDERAL REGISTER that
reallocates that remaining amount to
Amendment 80 cooperatives, according
to the procedures established under
§ 679.91(f).
(11) All other groundfish TAC. The initial TAC for each target species and
the ‘‘other species’’ category will be 85
percent of the TAC as provided under
paragraph (b) of this section.
(12) GOA Pacific cod TAC—(i) Seasonal
allowances by sector. The Western and
Central GOA Pacific cod TACs will be
seasonally apportioned to the jig sector
such that 60 percent of the TAC is apportioned to the A season and 40 percent of the TAC is apportioned to the B
season, as specified in § 679.23(d)(3), before TAC is apportioned among other
non-jig sectors. The Western and Cen-

§ 679.20
tral GOA Pacific cod TACs will be seasonally apportioned among the non-jig
sectors such that 63.84 percent of the
Western GOA TAC is apportioned to
the A season and 36.16 percent of the
Western GOA TAC is apportioned to
the B season, and 64.16 percent of the
Central GOA TAC is apportioned to the
A season and 35.84 percent of the Central GOA TAC is apportioned to the B
season, as specified in § 679.23(d)(3).
(A) Western GOA Regulatory Area—Jig
sector. A portion of the annual Pacific
cod TAC will be allocated to vessels
with an FFP that use jig gear, as determined in the annual harvest specification under paragraph (c)(7) of this section, before TAC is apportioned among
other non-jig sectors. Other Pacific cod
sector allowances are apportioned after
allocation to the jig sector based on
gear type and operation type as follows:
Seasonal allowances

Sector

Gear type

Operation type

.........................
.........................
.........................
.........................
.........................

Hook-and-Line ...................................
Hook-and-Line ...................................
Trawl ..................................................
Trawl ..................................................
Pot ......................................................

(6) .........................

Nontrawl .............................................

Catcher vessel ...................................
Catcher/Processor .............................
Catcher vessel ...................................
Catcher/Processor .............................
Catcher Vessel and Catcher/Processor.
Any .....................................................

(1)
(2)
(3)
(4)
(5)

(B) Central GOA Regulatory Area—Jig
sector. A portion of the annual Pacific
cod TAC will be allocated to vessels
with an FFP that use jig gear, as determined in the annual harvest specification under paragraph (c)(7) of this sec-

A season
(in percent)

B season
(in percent)

0.70
10.90
31.54
0.90
19.80

0.70
8.90
6.86
1.50
18.20

0.00

0.00

tion, before TAC is apportioned among
other non-jig sectors. Other Pacific cod
sector allowances are apportioned after
allocation to the jig sector based on
gear type, operation type, and length
overall as follows:
Seasonal allowances

Sector

Gear type

Operation type

..................
..................
..................
..................
..................
..................

Hook-and-Line ...................
Hook-and-Line ...................
Hook-and-Line ...................
Trawl ..................................
Trawl ..................................
Pot .....................................

(7) ..................

Nontrawl ............................

Catcher vessel ..................
Catcher vessel ..................
Catcher/Processor .............
Catcher vessel ..................
Catcher/Processor .............
Catcher Vessel and Catcher/Processor.
Any ....................................

(1)
(2)
(3)
(4)
(5)
(6)

(ii) Reapportionment of TAC—(A) The
Regional Administrator may apply any
underage or overage of Pacific cod harvest by each sector from one season to

Length overall in feet

A season
(in percent)

B season
(in percent)

.............................
.............................
.............................
.............................
.............................
.............................

9.31552
5.60935
4.10684
25.29364
2.00334
17.82972

5.28678
1.09726
0.99751
16.29047
2.19451
9.97506

Any .............................

0.00

0.00

<50
≥50
Any
Any
Any
Any

the subsequent season. In adding or
subtracting any underages or overages
to the subsequent season, the Regional

677

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

Administrator shall consider the incidental catch and any catch in the directed fishery by each sector.
(B) If, during a fishing year, the Regional Administrator determines that
a sector will be unable to harvest the
entire amount of Pacific cod allocated
to that sector under (a)(12)(i)(A) or (B)
of this section, the Regional Administrator will reallocate the projected unused amount of Pacific cod to other
sectors through notification in the
FEDERAL REGISTER. Any reallocation
decision by the Regional Administrator
would consider a reallocation of the
projected unused allocation to the CV
sectors first, then to the combined CV
and C/P pot sector, and then to all
other C/P sectors, taking into account
the capability of a sector, as determined by the NMFS Alaska Regional
Administrator, to harvest the remaining Pacific cod TAC.
(iii) Catch accounting—(A) Incidental
Pacific cod harvested between the closure of the A season and opening of the
B season shall be deducted from the B
season TAC apportionment for that
sector.
(B) Each license holder that is assigned an LLP license with a catcher/
processor operation type endorsement
that is not assigned a catcher vessel
operation type endorsement under the
provisions at § 679.4(k)(10)(vii)(A) and
(B) shall have all incidental and direct
catch of Pacific cod deducted from the
catcher/processor sector allocation and
gear type designation corresponding to
the gear used by that vessel.
(C) Holders of catcher/processor licenses assigned a Western GOA CV endorsement, under the provisions at
§ 679.4(k)(10)(vii)(A) and (B), shall have
all incidental and direct catch of Pacific cod in the Western GOA deducted
from the CV sector’s allocation and
gear type designation corresponding to
the gear used by that vessel in the
Western GOA.
(D) Holders of C/P licenses eligible to,
and electing to receive a Central CV
endorsement, under the provisions at
§ 679.4(k)(10)(vii)(A) and (B), shall have
all incidental and direct catch of Pacific cod in the Central GOA deducted
from the CV sector’s allocation and
gear type designation corresponding to

the gear used by that vessel in the Central GOA.
(E) NMFS shall determine the length
overall of a vessel operating in the
Central GOA based on the length overall designated on the FFP assigned to
that vessel.
(iv) Processing caps for FFP licensed
vessels. In the Western GOA, no more
than 2 percent of the total Pacific cod
TAC allocated to the Western GOA regulatory area can be delivered for processing to vessels operating under the
authority of an FFP.
(v) Processing caps for FPP licensed
vessels operating as CQE floating processors. Harvesting vessels may deliver
Pacific cod harvested in the directed
Pacific cod TAC fishery, if the processing vessel receiving the Pacific
cod—
(A) Does not meet the definition of a
stationary floating processor at § 679.2;
(B) Is operating under the authority
of an FPP license endorsed as a CQE
floating processor;
(C) Is located within the marine municipal boundaries of a CQE community in the State waters adjacent to
the Central or Western GOA as described in Table 21 to this part; and
(D) The total amount of Pacific cod
received or processed by all CQE floating processors does not exceed—
(1) 3 percent of the total Western
GOA Pacific cod TAC; or
(2) 3 percent of the total Central GOA
Pacific cod TAC.
(b) Reserves—(1) BSAI—(i) Nonspecified
reserve. Fifteen percent of the BSAI
TAC for each target species, except
pollock, the fixed gear allocation for
sablefish, and the Amendment 80 species, which includes Pacific cod, is
automatically placed in the nonspecified reserve before allocation to any
sector. The remaining 85 percent of
each TAC is apportioned to the initial
TAC for each target species that contributed to the nonspecified reserve.
The nonspecified reserve is not designated by species or species group.
Any amount of the nonspecified reserve
may be apportioned to target species
that contributed to the nonspecified reserve, provided that such apportionments are consistent with paragraph
(a)(3) of this section and do not result
in overfishing of a target species.

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Fishery Conservation and Management
(ii) CDQ reserves—(A) Pollock CDQ reserves—(1) Bering Sea. In the annual
harvest specifications required by
paragraph (c) of this section, 10 percent
of the Bering Sea subarea pollock TAC
will be allocated to a CDQ reserve as a
directed fishing allowance.
(2) Aleutian Islands subarea and
Bogoslof District. In the annual harvest
specifications required by paragraph
(c) of this section, 10 percent of the
Aleutian Islands subarea and Bogoslof
District pollock TACs will be allocated
to a CDQ reserve as a directed fishing
allowance unless the Aleutian Islands
subarea or Bogoslof District is closed
to directed fishing for pollock by regulation. If the Aleutian Islands subarea
and/or Bogoslof District is closed to directed fishing for pollock by regulation, then no pollock CDQ reserve will
be established for those areas and incidental harvest of pollock by CDQ
groups will accrue against the incidental catch allowance for pollock established
under
paragraph
(a)(5)(i)(A)(1) of this section.
(B) Fixed gear sablefish CDQ reserves.
Twenty percent of the fixed gear allocation of sablefish established under
paragraphs
(a)(4)(iii)(A)
and
(a)(4)(iv)(A) of this section will be allocated to a CDQ reserve for each subarea.
(C) CDQ reserves for Amendment 80 species. An amount equal to 10.7 percent of
the BSAI TACs for Atka mackerel,
Aleutian Islands Pacific ocean perch,
yellowfin sole, rock sole, flathead sole,
and Pacific cod will be allocated to a
CDQ reserve for each of these species
by management area, subarea, or district.
(D) CDQ reserves for other groundfish
species. (1) An amount equal to 10.7 percent of the BSAI TACs for Bering Sea
Greenland turbot and arrowtooth
flounder, and 7.5 percent of the trawl
gear allocation of sablefish in the BS
and AI is apportioned from the nonspecified reserve established under
paragraph (b)(1)(i) of this section to a
CDQ reserve for each of these species
by management area, subarea, or district.
(2) For all other groundfish species
not specifically listed in paragraphs
(b)(1)(ii)(A) through (b)(1)(ii)(D)(1) of
this section, an amount equal to 10.7

§ 679.20
percent of the BSAI TAC will be apportioned to a CDQ reserve if NMFS, after
consultation with the Council and in
consideration of public comment, determines in the annual harvest specifications process under paragraph (c) of
this section that a directed fishery in
the BSAI exists for this species under
section 305(i)(1)(B)(i) of the MagnusonStevens Act. In making this determination, the Council and NMFS shall
consider whether sufficient TAC exists
to open a directed fishery for that species in the BSAI and that this species
or species group is economically viable
for the CDQ group to target.
(iii) ABC reserves. (A) ABC reserves
are annually established for flathead
sole, rock sole, and yellowfin sole. For
each flatfish species, the ABC reserve
is calculated as an amount less than or
equal to the ABC surplus. NMFS, after
consultation with the Council, may set
the ABC reserve for flathead sole, rock
sole, or yellowfin sole below the ABC
surplus for that species based on social,
economic, or ecological considerations.
(B) CDQ ABC reserves. An amount
equal to 10.7 percent of the ABC reserves for flathead sole, rock sole, and
yellowfin sole will be allocated to a
CDQ ABC reserve. The CDQ ABC reserves will be:
(1) Calculated during the annual harvest specifications described at paragraph (c) of this section, as allocations
to CDQ groups; and
(2) Allocated to each CDQ group as
described under § 679.31(b)(4).
(C) Amendment 80 ABC reserves.
Amendment 80 ABC reserves shall be
calculated as the ABC reserves described under paragraph (b)(1)(iii)(A) of
this section as reduced by the CDQ
ABC
reserves
under
paragraph
(b)(1)(iii)(B) of this section. The
Amendment 80 ABC reserves will be:
(1) Calculated during the annual harvest specifications described at paragraph (c) of this section, as allocations
to Amendment 80 cooperatives; and
(2) Allocated to each Amendment 80
cooperative
as
described
under
§ 679.91(i)(2).
(2) GOA. Initial reserves are established for pollock, Pacific cod, flatfish,
octopuses, and sharks, which are equal
to 20 percent of the TACs for these species or species groups.

679

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

(i) Pollock inshore-offshore reapportionment. Any amounts of the GOA reserve
that are reapportioned to pollock as
provided by paragraph (b) of this section must be apportioned for processing by the inshore component in the
GOA and the offshore component in the
GOA in the same proportions specified
in paragraph (a)(6)(i) of this section.
(ii) Pacific cod reapportionment. Any
amounts of the GOA reserve that are
reapportioned to the GOA Pacific cod
fishery as provided by paragraph (b) of
this section must be apportioned in the
same proportion specified in paragraphs (a)(6)(ii) and (a)(12)(i) of this
section.
(3) Apportionment of reserves—(i) Notification. (A) As soon as practicable
after April 1, June 1, and August 1, and
on such other dates as NMFS determines appropriate, NMFS will, by notification in the FEDERAL REGISTER, apportion all or part of the BSAI or GOA
reserve in accordance with this paragraph (b).
(B) No apportionment, retention, or
PSC limit adjustment may take effect
until notification has been published in
the FEDERAL REGISTER with a statement of the findings upon which the
apportionment, retention, or adjustment is based.
(ii) Apportionment—(A) General. Except
as
provided
in
paragraph
(b)(3)(ii)(B) of this section, NMFS will
apportion the amount of BSAI or GOA
reserve that will be harvested by U.S.
vessels during the remainder of the
year.
(B) Exception. Part or all of the BSAI
or GOA reserve may be withheld if an
apportionment would adversely affect
the conservation of groundfish resources or prohibited species.
(iii) Public comment—(A) Prior comment. NMFS will provide all interested
persons an opportunity to comment on
the proposed apportionments, retentions, or PSC limit adjustments under
this paragraph (b) before such apportionments, retentions, or adjustments
are made, unless NMFS finds that
there is good cause for not providing a
prior comment opportunity, and publishes the reasons therefor in the notification of apportionment, retention,
or adjustment.

(B) Submittal dates. Comments provided for in this paragraph (b)(3)(iii)
must be received by NMFS not later
than 5 days before April 1, June 1, and
August 1, or other dates that may be
specified.
(C) Subsequent comment. If NMFS determines for good cause that notification of apportionment, retention or
PSC limit adjustment must be issued
without providing interested persons a
prior opportunity for public comment,
comments on the apportionment, retention or adjustment will be received
for a period of 15 days after its effective
date.
(D) Response to comments. NMFS will
consider all timely comments in deciding whether to make a proposed apportionment, retention, or PSC limit adjustment or to modify an apportionment, retention, or adjustment that
previously has been made, and shall
publish responses to those comments in
the FEDERAL REGISTER as soon as practicable.
(E) Data available. The Regional Administrator will make available to the
public during business hours the aggregate data upon which any preliminary
TAC or PSC limit figure is based or the
data upon which any apportionment or
retention of surplus or reserve, or PSC
limit adjustment was or is proposed to
be based. These data will be available
for a sufficient period to facilitate informed comment by interested persons.
(c) Annual specifications—(1) Proposed
specifications—(i) Notification. As soon
as practicable after consultation with
the Council, NMFS will publish proposed specifications for the groundfish
fisheries in the BSAI and the GOA.
(ii) Public comment. NMFS will accept
public comment on the proposed specifications established by this section
and by § 679.21 for a period specified in
the notice of proposed specifications
published in the FEDERAL REGISTER.
(iii) GOA. The proposed specifications
will specify for up to two fishing years
the annual TAC for each target species
and apportionments thereof, halibut
prohibited species catch amounts, and
seasonal allowances of pollock and Pacific cod.
(iv) BSAI. (A) The proposed harvest
specifications will specify for up to two
fishing years the annual TAC for each

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Fishery Conservation and Management
target species and apportionments
thereof, PSQ reserves and prohibited
species catch allowances, seasonal allowances of pollock, Pacific cod, and
Atka mackerel TAC (including pollock,
Pacific cod, and Atka mackerel CDQ),
and CDQ reserves.
(B) The proposed harvest specifications will specify for up to two fishing
years the ABC surpluses, ABC reserves,
CDQ ABC reserves, CDQ ABC reserves
for each CDQ group, Amendment 80
ABC reserves, and Amendment 80 ABC
reserves for each Amendment 80 cooperative for flathead sole, rock sole, and
yellowfin sole.
(2) [Reserved]
(3) Final specifications—(i) Procedure
and notification. NMFS will consider
comments received on the proposed
specifications and, after consultation
with the Council, will publish a notice
of final specifications in the FEDERAL
REGISTER unless NMFS determines
that the final specifications would not
be a logical outgrowth of the notice of
proposed specifications. In that event,
NMFS will either:
(A) Publish a revised notice of proposed specifications in the FEDERAL
REGISTER for public comment, and
after considering comments received
on the revised proposed specifications,
publish a notice of final specifications
in the FEDERAL REGISTER; or
(B) Publish a notice of final specifications in the FEDERAL REGISTER without
an additional opportunity for public
comment based on a finding that good
cause pursuant to the Administrative
Procedure Act justifies waiver of the
requirement for a revised notice of proposed specifications and opportunity
for public comment thereon.
(ii) GOA. The final specifications will
specify for up to two fishing years the
annual TAC for each target species and
apportionments thereof, halibut prohibited species catch amounts, and seasonal allowances of pollock and Pacific
cod.
(iii) BSAI. (A) The final harvest specifications will specify for up to two
fishing years the annual TAC for each
target species and apportionments
thereof, PSQ reserves and prohibited
species catch allowances, seasonal allowances of pollock (including pollock,

§ 679.20
Pacific cod, and Atka mackerel CDQ),
and CDQ reserves.
(B) The final harvest specifications
will specify for up to two fishing years
the annual ABC surpluses, ABC reserves, CDQ ABC reserves, CDQ ABC
reserves for each CDQ group, Amendment 80 ABC reserves, and Amendment
80 ABC reserves for each Amendment 80
cooperative for flathead sole, rock sole,
and yellowfin sole.
(4) AFA and inshore/offshore allocations—(i) BSAI pollock. The annual harvest specifications will specify the allocation of pollock for processing by
each AFA industry component in the
BSAI, and any seasonal allowances
thereof, as authorized under paragraph
(a)(5) of this section.
(ii) GOA pollock. The annual harvest
specifications will specify the allocation of GOA pollock for processing by
the inshore component in the GOA and
the offshore component in the GOA,
and any seasonal allowances thereof, as
authorized under paragraphs (a)(5) and
(a)(6) of this section.
(iii) Eastern GOA Pacific cod. The annual harvest specifications will specify
the allocation of Eastern GOA Pacific
cod for processing by the inshore component and the offshore component,
and any seasonal allowances thereof, as
authorized under paragraph (a)(6) of
this section.
(5) BSAI Pacific cod gear allocations.
The proposed and final specifications
will specify the allocation of BSAI Pacific cod among gear types as authorized under paragraph (a)(7) of this section.
(6) BSAI Atka mackerel allocations.
The proposed and final harvest specifications will specify the allocation of
BSAI Atka mackerel among gear types
as authorized under paragraph (a)(8) of
this section.
(7) Western and Central GOA Pacific
cod allocations. The proposed and final
harvest specifications will specify the
allocation of GOA Pacific cod among
gear types and any seasonal allowances
thereof, as authorized under paragraph
(a)(12) of this section.
(d) Fishery closures—(1) Directed fishing allowance—(i) General. If the Regional Administrator determines that
any allocation or apportionment of a

681

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

target species specified under paragraph (c) of this section has been or
will be reached, the Regional Administrator may establish a directed fishing
allowance for that species or species
group.
(ii) Specified fishery amounts—(A)
Inseason adjustments. The category allocations or apportionments established
under paragraph (c) of this section may
be revised by inseason adjustments, as
defined at § 679.25, for a given species or
species group or pollock allowance, as
identified by regulatory area, subarea,
or district, and, if applicable, as further identified by gear type.
(B) Incidental catch. In establishing a
directed fishing allowance, the Regional Administrator shall consider the
amount of the allocation or apportionment established under paragraph (c)
of this section that will be taken as incidental catch in directed fishing for
other species in the same subarea, regulatory area, or district.
(iii) Directed fishing closure—(A) Notification. If the Regional Administrator
establishes a directed fishing allowance
for a fishery allocation or apportionment under this paragraph (d), and
that allowance has been or will be
reached before the end of the fishing
season or year, NMFS will publish notification in the FEDERAL REGISTER
prohibiting directed fishing in the
specified subarea, regulatory area, or
district.
(B) Retention of incidental species. Except as described in § 679.20(e)(3)(iii) and
§ 679.20(j), if directed fishing for a target species or species group is prohibited, a vessel may not retain that incidental species in an amount that exceeds
the
maximum
retainable
amount, as calculated under paragraphs (e) and (f) of this section, at any
time during a fishing trip.
(iv) AFA sideboard limitations—(A) If
the Regional Administrator determines
that any sideboard harvest limit for a
group of AFA vessels established under
§ 679.64 has been or will be reached, the
Regional Administrator may establish
a sideboard directed fishing allowance
for the species or species group applicable only to the identified group of AFA
vessels.
(B) In establishing a directed fishing
allowance under paragraph (d)(1)(iv)(A)

of this section, the Regional Administrator will consider the amount of the
sideboard limit established for a group
of AFA vessels under § 679.64 that will
be taken as incidental catch by those
vessels in directed fishing for other
species.
(C) If the Regional Administrator determines that a sideboard amount is
insufficient to support a directed fishery for that species then the Regional
Administrator may set the sideboard
directed fishing allowance at zero for
that species or species group.
(D) Species or species groups for
which directed fishing for sideboard
limits by AFA vessels is prohibited are
listed in Tables 54, 55, and 56 to this
part.
(v) Amendment 80 GOA sideboard limits—GOA groundfish. (A) If the Regional
Administrator determines that a GOA
sideboard limit for a GOA groundfish
species as described under Table 37 to
this part is sufficient to support a directed fishing allowance for that species, the Regional Administrator may
establish a directed fishing allowance
for the species applicable only to
Amendment 80 vessels subject to the
GOA groundfish sideboard limit.
(B) If the Regional Administrator determines that a GOA groundfish
sideboard limit as described under
Table 37 to this part is insufficient to
support a directed fishing allowance by
Amendment 80 vessels for that species,
then the Regional Administrator may
set the directed fishing allowance to
zero for that species for Amendment 80
vessels.
(C) Upon determining that a GOA
sideboard limit as described under
Table 37 to this part for a species is or
will be reached, the Regional Administrator will publish notification in the
FEDERAL REGISTER prohibiting directed
fishing for that species by the Amendment 80 vessels to which the GOA
sideboard limit applies.
(vi) Amendment 80 GOA sideboard limits—halibut PSC. (A) If the Regional Administrator determines that a GOA
sideboard limit for halibut PSC is sufficient to support a directed fishery for a
species or species group, management
area, and season specified in Table 38
to this part, then the Regional Administrator may establish a halibut PSC

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Fishery Conservation and Management
sideboard limit for that species or species group, management area, and season applicable to the Amendment 80
vessels to which the halibut PSC limit
applies.
(B) If the Regional Administrator determines that a halibut PSC sideboard
limit is insufficient to support a directed fishery for a species or species
group, management area, and season as
specified in Table 38 to this part then
the Regional Administrator may set
the halibut PSC sideboard limit for
that species or species group to zero for
the Amendment 80 vessels to which the
halibut PSC limit applies.
(C) Upon determining that a halibut
PSC sideboard limit for a species or
species group, management area, and
season as specified in Table 38 to this
part is or will be reached, the Regional
Administrator will publish notification
in the FEDERAL REGISTER prohibiting
directed fishing for a specific species or
species group by the Amendment 80
vessels to which the halibut PSC limit
applies as follows:
(1) If the halibut PSC sideboard limit
is reached for the deep-water species
fishery as defined in § 679.21(d)(3)(iii)(B)
for a season, then NMFS will close directed fishing in the GOA for all species in the deep-water species fishery
except northern rockfish, Pacific ocean
perch, and dusky rockfish in the Central GOA for that season.
(2) If the halibut PSC sideboard limit
is reached for the shallow-water species
fishery as defined in § 679.21(d)(3)(iii)(A)
for a season, then NMFS will close directed fishing in the GOA for all species in the shallow-water species fishery for that season.
(2) Groundfish as prohibited species closure. When the Regional Administrator
determines that the TAC of any target
species specified under paragraph (c) of
this section, or the share of any TAC
assigned to any type of gear, has been
or will be achieved prior to the end of
a year, NMFS will publish notification
in the FEDERAL REGISTER requiring
that target species be treated in the
same manner as a prohibited species,
as described under § 679.21(a), for the remainder of the year, except rockfish
species caught by catcher vessels using
hook-and-line, pot, or jig gear as described in § 679.20(j).

§ 679.20
(3) Overfishing closure—(i) Notification.
If, in making a determination under
paragraph (d)(2) of this section, the Regional Administrator also determines
that fishing for other target species or
species groups in the area, district or
part thereof where the notification applies, may lead to the overfishing of
the species or species group for which
the allocation or apportionment has
been or will be reached, NMFS will
publish notification in the FEDERAL
REGISTER specifying limitations or prohibitions designed to prevent overfishing of that species or species group.
(ii) Limitations and prohibitions. These
limitations and prohibitions may prohibit directed fishing for other species
or species groups in the area, district,
or part thereof where the notification
applies, or may limit time, area, or
gear types that may be used in directed
fishing for the other species or species
groups.
(iii) Factors to be considered. When
making the determinations specified
under paragraphs (d)(1), (d)(2), and
(d)(3) of this section, the Regional Administrator may consider allowing
fishing to continue or resume with certain gear types or in certain areas and
times based on findings of:
(A) The risk of biological harm to a
groundfish species or species group for
which the TAC or PSC limit is or will
be reached.
(B) The risk of socioeconomic harm
to authorized users of the groundfish
for which the TAC or PSC limit will be
or has been reached.
(C) The impact that the continued
closure might have on the socioeconomic well-being of other domestic
fisheries.
(4) Harvest control for pollock, Atka
mackerel, and Pacific cod. If a biological
assessment of stock condition for pollock, Pacific cod, or Atka mackerel
within an area projects that the spawning biomass in that area will be equal
to or below 20 percent of the projected
unfished spawning biomass during a
fishing year, the Regional Administrator will prohibit the directed fishery
for the relevant species within the
area. The Regional Administrator will
prohibit the directed fishery under this
paragraph by notification published in
the FEDERAL REGISTER. The directed

683

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

fishery will remain closed until a subsequent biological assessment projects
that the spawning biomass for the species in the area will exceed 20 percent
of the projected unfished spawning biomass during a fishing year.
(e)
Maximum
retainable
amounts
(MRA)—(1) Proportion of basis species.
The maximum retainable amount of an
incidental catch species is calculated
as a proportion of the basis species retained on board the vessel using:
(i) The retainable percentages in
Table 10 to this part for the GOA species categories (except the Rockfish
Program fisheries, which are described
in Table 30 to this part for the Rockfish Program fisheries); and
(ii) Table 11 to this part for the BSAI
species categories.
(2) Calculation. (i) To calculate the
maximum retainable amount for a specific incidental catch species, an individual retainable amount must be calculated with respect to each basis species that is retained on board that vessel.
(ii) To obtain these individual
retainable amounts, multiply the appropriate retainable percentage for the
incidental catch species/basis species
combination, set forth in Table 10 to
this part for the GOA species categories (except the Rockfish Program
fisheries, which are described in Table
30 to this part for the Rockfish Program fisheries), and Table 11 to this
part for the BSAI species categories, by
the amount of that basis species, in
round-weight equivalents.
(iii)
The
maximum
retainable
amount for that specific incidental
catch species is the sum of the individual retainable amount.
(3) Application. (i) For catcher vessels, the maximum retainable amount
for vessels fishing during a fishing trip
in areas closed to directed fishing is
the
lowest
maximum
retainable
amount applicable in any area, and
this maximum retainable amount must
be applied at any time and to all areas
for the duration of the fishing trip.
(ii) For catcher/processors fishing in
an area closed to directed fishing for a
species or species group, the maximum
retainable amount for that species or
species group applies at any time for
the duration of the fishing trip.

(iii) For all vessels not listed in subpart F of this section, the maximum
retainable amount for pollock harvested in the BSAI is calculated at the
end of each offload and is based on the
basis species harvested since the previous offload. For purposes of this
paragraph, offload means the removal
of any fish or fish product from the
vessel that harvested the fish or fish
product to any other vessel or to shore.
(iv) The maximum retainable amount
for groundfish harvested in the Central
GOA by a catcher/processor vessel fishing under a rockfish CQ permit is calculated at the end of each weekly reporting period, and is based on the
basis species defined in Table 30 harvested since the previous weekly reporting period, or for any portion of a
weekly reporting period that vessel
was designated under a vessel check-in
as specified in § 679.5(r)(8).
(v) For all vessels not listed in subpart F of this section, the maximum
retainable amount for Atka mackerel
harvested in the Bering Sea subarea is
calculated at the end of each offload
and is based on the basis species harvested since the previous offload. For
purposes of this paragraph, offload
means the removal of any fish or fish
product from the vessel that harvested
the fish or fish product to any other
vessel or to shore.
(vi) For a catcher/processor with a
BSAI Pacific cod trawl mothership endorsement that receives an unsorted
codend delivered by a catcher vessel
authorized to harvest and that is assigned to PCTC Program Pacific cod,
the maximum retainable amount for
each species or species group applies at
any time for the duration of the fishing
trip and must be applied to only the
PCTC Program hauls during a fishing
trip.
(f) Directed fishing calculations and determinations—(1) Round-weight equivalents. Any determination concerning directed fishing, the amount or percentage of any species, species group, or
any fish or fish products must be calculated in round-weight equivalents.
(2) Retainable amounts. Any groundfish species for which directed fishing
is closed may not be used to calculate
retainable amounts of other groundfish
species. Only fish harvested under the

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Fishery Conservation and Management
CDQ Program may be used to calculate
retainable amounts of other CDQ species.
(g) Allowable retention of pollock roe—
(1) Percentage of pollock roe. (i) Pollock
roe retained on board a vessel at any
time during a fishing trip must not exceed the following percentages of the
total round-weight equivalent of pollock, as calculated from the primary
pollock product on board the vessel
during the same fishing trip:
(A) 7 percent in the Gulf of Alaska,
and
(B) 9 percent in the Bering Sea and
Aleutian Islands.
(ii) Determinations of allowable retention of pollock roe will be based on
amounts of pollock harvested, received, or processed during a single
fishing trip.
(iii) Pollock or pollock products from
previous fishing trips that are retained
on board a vessel may not be used to
determine the allowable retention of
pollock roe for that vessel.
(2) Primary product. (i) For purposes
of this paragraph (g), only one primary
pollock product per fish, other than
roe, may be used to calculate the
round-weight equivalent.
(ii) A primary pollock product that
contains roe (such as headed and gutted pollock with roe) may not be used
to calculate the round-weight equivalent of pollock.
(iii) The primary pollock product
must be distinguished from ancillary
pollock products in eLandings required
under
§ 679.5(e)(9)(i)(D)
and
§ 679.5(e)(10)(iii)(H) (see also Table 1c to
this part).
(3) Pollock product recovery rates
(PRRs). Use the product types and
standard PRRs for pollock found in
Table 3 to this part to calculate roundweight equivalents for pollock for purposes of this paragraph (g).
(4) Calculation of retainable pollock
roe—(i) Round-weight equivalent. (A) To
calculate the amount of pollock roe
that can be retained on board during a
fishing trip, first calculate the roundweight equivalent by dividing the total
amount of primary product on board by
the appropriate PRR.
(B) To determine the maximum
amount of pollock roe that can be retained on board a vessel during the

§ 679.20
same fishing trip, multiply the roundweight equivalent by 0.07 in the Gulf of
Alaska or 0.09 in the Bering Sea and
Aleutian Islands.
(C) Pollock roe retained on board
from previous fishing trips will not be
counted.
(ii) Two or more products from different
fish. (A) If two or more products, other
than roe, are made from different fish,
round-weight equivalents are calculated separately for each product.
(B) To determine the maximum
amount of pollock roe that can be retained on board a vessel during a fishing trip, add the round-weight equivalents together; then, multiply the sum
by 0.07 in the Gulf of Alaska or 0.09 in
the Bering Sea and Aleutian Islands.
(iii) Two or more products from same
fish. If two or more products, other
than roe, are made from the same fish,
the maximum amount of pollock roe
that can be retained during a fishing
trip is determined from the primary
product.
(5) Primary pollock product—(i) Process
prior to transfer. Any primary pollock
product used to calculate retainable
amounts of pollock roe must be frozen,
canned, or reduced to meal by the vessel retaining the pollock roe prior to
any transfer of the product to another
vessel.
(ii) No discard of processed product.
Any pollock product that has been
processed may not be discarded at sea
unless such discarding is necessary to
meet other requirements of this part.
(h) Standard product types and standard PRRs—(1) Calculating round-weight
equivalents from standard PRRs. Roundweight equivalents for groundfish products are calculated using the product
codes and standard PRRs specified in
Table 3 to this part.
(2) Adjustments. The Regional Administrator may adjust standard PRRs and
product types specified in Table 3 to
this part if he or she determines that
existing standard PRRs are inaccurate
or if new product types are developed.
(i) Adjustments to any standard PRR
listed in Table 3 to this part that are
within and including 15 percent of that
standard PRR may be made without
providing notification and opportunity
for prior public comment.

685

§ 679.20

50 CFR Ch. VI (10–1–23 Edition)

(ii) Adjustments of any standard
PRR during a calendar year, when aggregated with all other adjustments
made during that year, will not exceed
15 percent of the standard PRR listed
in Table 3 to this part at the beginning
of that calendar year.
(iii) No new product type will be announced until NMFS publishes the proposed adjustment and/or new product
type in the FEDERAL REGISTER and provides the public with at least 30 days
opportunity for public comment.
(iv) Any adjustment of a PRR that
acts to further restrict the fishery will
not be effective until 30 days after the
date of publication in the FEDERAL
REGISTER.
(v) If NMFS makes any adjustment
or announcement without providing a
prior notification and opportunity for
prior public comment, the Regional
Administrator will receive public comments on the adjustment or announcement for a period of 15 days from the
date of publication in the FEDERAL
REGISTER.
(i) Forage fish, grenadiers, squids, and
sculpins—(1) Definition. See Table 2c to
this part.
(2) Applicability. The provisions of
this paragraph (i) apply to all vessels
fishing for groundfish in the BSAI or
GOA, and to all vessels processing
groundfish harvested in the BSAI or
GOA.
(3) Closure to directed fishing. Directed
fishing for forage fish, grenadiers,
squids, and sculpins is prohibited at all
times in the BSAI and GOA.
(4) Limits on sale, barter, trade, and
processing of forage fish and grenadiers.
The sale, barter, trade, or processing of
forage fish and grenadiers is prohibited, except as provided in paragraph
(i)(5) of this section.
(5) Allowable fishmeal production of
forage fish and grenadiers. Retained
catch of forage fish or grenadiers not
exceeding the maximum retainable
amount may be processed into fishmeal
for sale, barter, or trade.
(6) Allowable fish products for squids
and sculpins. Retained catch of squids
and sculpins not exceeding the maximum retainable amount may be sold
to a processor or processed into any
product form, including (but not lim-

ited to) fishmeal, bait, and whole fish/
food fish, for sale, barter, or trade.
(j) Full retention of rockfish by catcher
vessels using hook-and-line, pot, or jig
gear—(1) Retention and landing requirements. The operator of a catcher vessel
that is required to have a Federal fisheries permit using hook-and-line, pot,
or jig gear, must retain and land all
rockfish that is caught while fishing
for groundfish or IFQ or CDQ halibut in
the BSAI or GOA.
(2) Maximum commerce allowance
(MCA) for rockfish in the BSAI and GOA.
Except as described in §§ 679.20(j)(3) and
(4), when rockfish is closed to directed
fishing, the operator of a catcher vessel
that is required to have a Federal fisheries permit under § 679.4(b), or the
manager of a shoreside processor that
is required to have a Federal processor
permit under § 679.4(f), must dispose of
rockfish retained and landed in accordance with paragraph (j)(1) of this section as follows:
(i) A person may sell, barter, or trade
a round weight equivalent amount of
rockfish that is less than or equal to 15
percent of the aggregate round weight
equivalent of IFQ halibut and groundfish species, other than rockfish, that
are landed during the same fishing trip.
(ii) A person may sell, barter, or
trade a round weight equivalent
amount of yelloweye rockfish that is
less than or equal to 5 percent of the
aggregate round weight equivalent of
IFQ halibut and groundfish species,
other than rockfish, that are landed
during the same fishing trip. The aggregate amount of all rockfish species
sold, bartered, or traded cannot exceed
the MCA established under paragraph
(j)(2)(i) of this section.
(iii) Amounts of rockfish retained by
catcher
vessels
under
paragraphs
(j)(2)(i) and (ii) of this section that are
in excess of the limits specified in
paragraphs (j)(2)(i) and (ii) of this section may be put to any use, including
but not limited to personal consumption or donation, but must not enter
commerce through sale, barter, or
trade except as fish meal.
(3) MCA of DSR in Southeast Outside
District of the GOA (SEO) when closed to
directed fishing. When DSR is closed to
directed fishing in the SEO, the operator of a catcher vessel that is required

686

Fishery Conservation and Management
to have a Federal fisheries permit
under § 679.4(b), or the manager of a
shoreside processor that is required to
have a Federal processor permit under
§ 679.4(f), must dispose of DSR retained
and landed in accordance with paragraph (j)(1) of this section as follows:
(i) A person may sell, barter, or trade
a round weight equivalent amount of
DSR that is less than or equal to 10
percent of the aggregate round weight
equivalent of IFQ halibut and groundfish species, other than sablefish, that
are landed during the same fishing trip.
The aggregate amount of all rockfish
species sold, bartered, or traded cannot
exceed the MCA established under
paragraph (j)(2)(i) of this section.
(ii) A person may sell, barter, or
trade a round weight equivalent
amount of DSR that is less than or
equal to 1 percent of the aggregate
round weight equivalent of IFQ sablefish that are landed during the same
fishing trip. The aggregate amount of
all rockfish species sold, bartered, or
traded cannot exceed the MCA established under paragraph (j)(2)(i) of this
section.
(iii) Amounts of DSR retained by
catcher vessels under paragraph (j)(1)
of this section that are in excess of the
limits specified in paragraphs (j)(3)(i)
and (ii) of this section may be put to
any use, including but not limited to
personal consumption or donation, but
must not enter commerce through sale,
barter, or trade except as fish meal.
(4) MCA for rockfish when on prohibited species status. When a rockfish species is placed on prohibited species status under § 679.20(d)(2), the MCA is set
to 0 percent and no amount of that
rockfish species may enter commerce
through sale, barter, or trade except as
fish meal. The operator of a catcher
vessel that is required to have a Federal fisheries permit under § 679.4(b), or
the manager of a shoreside processor
that is required to have a Federal processor permit under § 679.4(f), may put
rockfish retained and landed in excess
of the MCA specified in this paragraph
to any use, including but not limited to
personal consumption or donation, but
such rockfish must not enter commerce through sale, barter, or trade except as fish meal.
[61 FR 31230, June 19, 1996]

§ 679.21
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.20, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.21 Prohibited
management.

species

bycatch

(a) General. (1) See § 679.2 and Table 2b
to this part for definition of prohibited
species.
(2) Prohibited species catch restrictions.
The operator of each vessel engaged in
directed fishing for groundfish in the
GOA or BSAI must:
(i) Minimize its catch of prohibited
species.
(ii) After allowing for sampling by an
observer, if an observer is aboard, sort
its catch immediately after retrieval of
the gear and, except for salmon prohibited species catch in the BS pollock
fisheries and GOA groundfish fisheries
under paragraph (f) or (h) of this section, or any prohibited species catch as
provided (in permits issued) under the
PSD program at § 679.26, return all prohibited species, or parts thereof, to the
sea immediately, with a minimum of
injury, regardless of its condition.
(3) Rebuttable presumption. Except as
provided under paragraphs (f) and (h) of
this section and § 679.26, there will be a
rebuttable presumption that any prohibited species retained on board a
fishing vessel regulated under this part
was caught and retained in violation of
this section.
(4) Prohibited species taken seaward of
the EEZ off Alaska. No vessel fishing for
groundfish in the GOA or BSAI may
have on board any species listed in this
paragraph (a) that was taken in waters
seaward of these management areas,
regardless of whether retention of such
species was authorized by other applicable laws.
(5) Sablefish as a prohibited species.
(See § 679.24(c) for gear restrictions for
sablefish.)
(6) Addresses. Unless otherwise specified, submit information required
under this section to NMFS as follows:
by mail to the Regional Administrator,
NMFS, P.O. Box 21668, Juneau, AK
99802; by courier to the Office of the
Regional Administrator, 709 West 9th
St., Juneau, AK 99801; or by fax to 907–
586–7465. Forms are available on the

687

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

NMFS Alaska Region Web site (http://
alaskafisheries.noaa.gov/).
(b) BSAI halibut PSC limits—(1) Establishment of BSAI halibut PSC limits. Subject to the provisions in paragraphs
(b)(1)(i) through (iv) of this section, the
following four BSAI halibut PSC limits
are established, which total 3,515 mt:
Amendment 80 sector—1,745 mt; BSAI
trawl limited access sector—745 mt;
BSAI non-trawl sector—710 mt; and
CDQ Program—315 mt (established as a
PSQ reserve).
(i) Amendment 80 sector. The PSC
limit of halibut caught while conducting any fishery in the Amendment
80 sector is an amount of halibut equivalent to 1,745 mt of halibut mortality.
Halibut PSC limits within the Amendment 80 sector will be established for
Amendment 80 cooperatives and the
Amendment 80 limited access fishery
according to the procedure and formulae in § 679.91(d) and (f). If halibut
PSC is assigned to the Amendment 80
limited access fishery, it will be apportioned into PSC allowances for trawl
fishery categories according to the procedure in paragraphs (b)(1)(ii)(A)(2) and
(3) of this section.
(ii) BSAI trawl limited access sector—
(A) General. (1) The PSC limit of halibut caught while conducting any fishery in the BSAI trawl limited access
sector is an amount of halibut equivalent to 745 mt of halibut mortality.
(2) NMFS, after consultation with
the Council, will apportion the PSC
limit set forth under paragraph
(b)(1)(ii)(A)(1) of this section into PSC
allowances for the trawl fishery categories
defined
in
paragraphs
(b)(1)(ii)(B)(1) through (6) of this section.
(3) Apportionment of the trawl halibut PSC limit set forth under paragraph (b)(1)(ii)(A)(1) of this section
among the trawl fishery categories will
be based on each category’s proportional share of the anticipated halibut
PSC during a fishing year and the need
to optimize the amount of total
groundfish harvested under the halibut
PSC limit for this sector.
(4) The sum of all PSC allowances for
this sector will equal the PSC limit set
forth under paragraph (b)(1)(ii)(A)(1) of
this section.

(B) Trawl fishery categories. For purposes of apportioning the trawl PSC
limit set forth under paragraph
(b)(1)(ii)(A)(1) of this section among
trawl fisheries, the following fishery
categories are specified and defined in
terms of round-weight equivalents of
those groundfish species or species
groups for which a TAC has been specified under § 679.20.
(1) Midwater pollock fishery. Fishing
with trawl gear during any weekly reporting period that results in a catch
of pollock that is 95 percent or more of
the total amount of groundfish caught
during the week.
(2) Flatfish fishery. Fishing with trawl
gear during any weekly reporting period that results in a retained aggregate amount of rock sole, ‘‘other flatfish,’’ and yellowfin sole that is greater
than the retained amount of any other
fishery category defined under this
paragraph (b)(1)(ii)(B).
(i) Yellowfin sole fishery. Fishing with
trawl gear during any weekly reporting
period that is defined as a flatfish fishery under this paragraph (b)(1)(ii)(B)(2)
and results in a retained amount of
yellowfin sole that is 70 percent or
more of the retained aggregate amount
of rock sole, ‘‘other flatfish,’’ and yellowfin sole.
(ii) Rock sole/flathead sole/Alaska
plaice/‘‘other flatfish’’ fishery. Fishing
with trawl gear during any weekly reporting period that is defined as a flatfish fishery under this paragraph
(b)(1)(ii)(B)(2) and is not a yellowfin
sole fishery as defined under paragraph
(b)(1)(ii)(B)(2)(i) of this section.
(3) Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish fishery.
Fishing with trawl gear during any
weekly reporting period that results in
a retained aggregate amount of Greenland turbot, arrowtooth flounder,
Kamchatka flounder, and sablefish
that is greater than the retained
amount of any other fishery category
defined
under
this
paragraph
(b)(1)(ii)(B).
(4) Rockfish fishery. Fishing with
trawl gear during any weekly reporting
period that results in a retained aggregate amount of rockfish species that is
greater than the retained amount of
any other fishery category defined
under this paragraph (b)(1)(ii)(B).

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Fishery Conservation and Management
(5) Pacific cod fishery. Fishing with
trawl gear during any weekly reporting
period that results in a retained aggregate amount of Pacific cod that is
greater than the retained amount of
any other groundfish fishery category
defined
under
this
paragraph
(b)(1)(ii)(B). This Pacific cod fishery is
further apportioned between the PCTC
Program, the trawl catcher vessel limited access C season, and AFA catcher/
processors as established at § 679.131(c)
and (d).
(6) Pollock/Atka mackerel/‘‘other species.’’ Fishing with trawl gear during
any weekly reporting period that results in a retained aggregate amount of
pollock other than pollock harvested in
the midwater pollock fishery defined
under paragraph (b)(1)(ii)(B)(1) of this
section, Atka mackerel, and ‘‘other
species’’ that is greater than the retained amount of any other fishery category defined under this paragraph
(b)(1)(ii)(B).
(C) Halibut PSC in midwater pollock
fishery. Any amount of halibut that is
incidentally taken in the midwater
pollock fishery, as defined in paragraph
(b)(1)(ii)(B)(1) of this section, will be
counted against the halibut PSC allowance specified for the pollock/Atka
mackerel/‘‘other species’’ category, as
defined in paragraph (b)(1)(ii)(B)(6) of
this section.
(iii) BSAI Non-trawl Sector—(A) General. (1) The PSC limit of halibut
caught while conducting any fishery in
the BSAI non-trawl sector is an
amount of halibut equivalent to 710 mt
of halibut mortality.
(2) NMFS, after consultation with
the Council, will apportion the PSC
limit set forth under paragraph
(b)(1)(iii)(A)(1) into PSC allowances for
the non-trawl fishery categories defined under paragraph (b)(1)(iii)(B) of
this section.
(3) Apportionment of the non-trawl
halibut PSC limit of 710 mt among the
non-trawl fishery categories will be
based on each category’s proportional
share of the anticipated halibut PSC
during a fishing year and the need to
optimize the amount of total groundfish harvested under the halibut PSC
limit for this sector.
(4) The sum of all PSC allowances for
this sector will equal the PSC limit set

§ 679.21
forth under paragraph (b)(1)(iii)(A)(1) of
this section.
(B) Non-trawl fishery categories. For
purposes of apportioning the non-trawl
halibut PSC limit among fisheries, the
following fishery categories are specified and defined in terms of roundweight equivalents of those BSAI
groundfish species for which a TAC has
been specified under § 679.20.
(1) Pacific cod hook-and-line catcher
vessel fishery. Catcher vessels fishing
with hook-and-line gear during any
weekly reporting period that results in
a retained catch of Pacific cod that is
greater than the retained amount of
any other groundfish species.
(2) Pacific cod hook-and-line catcher/
processor fishery. Catcher/processors
fishing with hook-and-line gear during
any weekly reporting period that results in a retained catch of Pacific cod
that is greater than the retained
amount of any other groundfish species.
(3) Sablefish hook-and-line fishery.
Fishing with hook-and-line gear during
any weekly reporting period that results in a retained catch of sablefish
that is greater than the retained
amount of any other groundfish species.
(4) Groundfish jig gear fishery. Fishing
with jig gear during any weekly reporting period that results in a retained
catch of groundfish.
(5) Groundfish pot gear fishery. Fishing
with pot gear under restrictions set
forth in § 679.24(b) during any weekly
reporting period that results in a retained catch of groundfish.
(6) Other non-trawl fisheries. Fishing
for groundfish with non-trawl gear during any weekly reporting period that
results in a retained catch of groundfish and does not qualify as a Pacific
cod hook-and-line catcher vessel fishery, a Pacific cod hook-and-line catcher/processor fishery, a sablefish hookand-line fishery, a jig gear fishery, or a
groundfish pot gear fishery as defined
under
paragraphs
(b)(1)(iii)(B)(1)
through (5) of this section.
(iv) CDQ Program. The PSC limit of
halibut caught while conducting any
fishery in the CDQ Program is an
amount of halibut equivalent to 315 mt
of halibut mortality. The PSC limit to
the CDQ Program will be treated as a

689

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

Prohibited Species Quota (PSQ) reserve
to the CDQ Program for all purposes
under 50 CFR part 679 including §§ 679.31
and 679.7(d)(3). The PSQ limit is not apportioned by gear, fishery, or season.
(2) Seasonal apportionments of BSAI
halibut PSC allowances—(i) General.
NMFS, after consultation with the
Council, may apportion a halibut PSC
allowance on a seasonal basis.
(ii) Factors to be considered. NMFS
will base any seasonal apportionment
of a PSC allowance on the following
types of information:
(A) Seasonal distribution of prohibited species;
(B) Seasonal distribution of target
groundfish species relative to prohibited species distribution;
(C) Expected PSC needs on a seasonal
basis relevant to change in prohibited
species biomass and expected catches
of target groundfish species;
(D) Expected variations in PSC rates
throughout the fishing year;
(E) Expected changes in directed
groundfish fishing seasons;
(F) Expected start of fishing effort;
or
(G) Economic effects of establishing
seasonal prohibited species apportionments on segments of the target
groundfish industry.
(iii) Seasonal trawl fishery PSC allowances—(A) Unused seasonal apportionments. Unused seasonal apportionments
of trawl fishery PSC allowances made
under this paragraph (b)(2) will be
added to the respective fishery PSC allowance for the next season during a
current fishing year except for the Pacific cod fishery apportionment to the
PCTC Program, which follows the regulations at § 679.131(c) and (d).
(B) Seasonal apportionment exceeded. If
a seasonal apportionment of a trawl
fishery PSC allowance made under this
paragraph (b)(2) is exceeded, the
amount by which the seasonal apportionment is exceeded will be deducted
from the respective apportionment for
the next season during a current fishing year except for the Pacific cod fishery apportionment to the PCTC Program, which follows the regulations at
§ 679.131(c) and (d).
(iv) Seasonal non-trawl fishery PSC allowances—(A) Unused seasonal apportionments. Any unused portion of a sea-

sonal non-trawl fishery PSC allowance
made under paragraph (b)(2) of this section will be reapportioned to the fishery’s remaining seasonal PSC allowances during a current fishing year in a
manner determined by NMFS, after
consultation with the Council, based
on the types of information listed
under paragraph (b)(2)(ii) of this section.
(B) Seasonal apportionment exceeded. If
a seasonal apportionment of a nontrawl fishery PSC allowance made
under paragraph (b)(2) of this section is
exceeded, the amount by which the seasonal apportionment is exceeded will
be deducted from the fishery’s remaining seasonal PSC allowances during a
current fishing year in a manner determined by NMFS, after consultation
with the Council, based on the types of
information listed under paragraph
(b)(2)(ii) of this section.
(3) Notification of allowances—(i) General. NMFS will publish in the FEDERAL
REGISTER, for up to two fishing years,
the proposed and final BSAI halibut
PSC allowances, the seasonal apportionments thereof, and the manner in
which seasonal apportionments of nontrawl fishery PSC allowances will be
managed.
(ii) Public comment. Public comment
will be accepted by NMFS on the proposed PSC allowances seasonal apportionments thereof, and the manner in
which seasonal apportionments of nontrawl fishery PSC allowances will be
managed, for a period specified in the
notice of proposed specifications published in the FEDERAL REGISTER.
(4) Management of BSAI halibut PSC
allowances—(i) Trawl sector—Amendment
80 limited access fishery and BSAI trawl
limited access sector: closures—(A) Exception. When a PSC allowance, or seasonal apportionment thereof, specified
for the pollock/Atka mackerel/‘‘other
species’’ fishery category, as defined in
paragraph (b)(1)(ii)(B)(6) of this section
is reached, only directed fishing for
pollock is closed to trawl vessels using
nonpelagic trawl gear.
(B) Closures. Except as provided in
paragraph (b)(4)(i)(A) of this section, if,
during the fishing year, the Regional
Administrator determines that U.S.
fishing vessels participating in any of
the trawl fishery categories listed in

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Fishery Conservation and Management
paragraphs (b)(1)(ii)(B)(2) through (6) of
this section will catch the halibut PSC
allowance, or seasonal apportionment
thereof, specified for that fishery category under paragraph (b)(1)(i) or (ii) of
this section, NMFS will publish in the
FEDERAL REGISTER a document to close
the entire BSAI to directed fishing for
each species and/or species group in
that fishery category for the remainder
of the year or for the remainder of the
season. This does not apply to allocations to the PCTC Program specified at
§ 679.133(b).
(ii) BSAI non-trawl sector: closures. If,
during the fishing year, the Regional
Administrator determines that U.S.
fishing vessels participating in any of
the non-trawl fishery categories listed
under paragraph (b)(1)(iii) of this section will catch the halibut PSC allowance, or seasonal apportionment thereof, specified for that fishery category
under paragraph (b)(1)(iii) of this section, NMFS will publish in the FEDERAL REGISTER the closure of the entire
BSAI to directed fishing with the relevant gear type for each species and/or
species group in that fishery category.
(iii) AFA PSC sideboard limits. Halibut
PSC limits for the AFA catcher/processor sector and the AFA trawl catcher
vessel sector will be established pursuant to § 679.64(a) and (b) and managed
through directed fishing closures for
the AFA catcher/processor sector and
the AFA trawl catcher vessel sector in
the groundfish fisheries for which the
PSC limit applies.
(c) [Reserved]
(d) GOA halibut PSC limits. This section is applicable for vessels engaged in
directed fishing for groundfish in the
GOA.
(1) Notification and public comment—(i)
Proposed and final apportionments.
NMFS will publish in the FEDERAL
REGISTER proposed and final apportionments of the halibut PSC limits in
paragraphs (d)(2) and (3) of this section
in the notification required under
§ 679.20.
(ii) Modification of apportionments.
NMFS, by notification in the FEDERAL
REGISTER, may change the halibut PSC
apportionments during the year for
which they were specified, based on
new information of the types set forth
in this paragraph (d).

§ 679.21
(iii) Public comment. NMFS will accept public comment on the proposed
halibut PSC apportionments for a period specified in the notice of proposed
halibut PSC apportionments published
in the FEDERAL REGISTER. NMFS will
consider comments received on proposed halibut PSC apportionments and,
after consultation with the Council,
will publish notification in the FEDERAL REGISTER specifying the final halibut PSC apportionments.
(2) Hook-and-line gear and pot gear annual halibut PSC limit. (i) The annual
total PSC limit of halibut caught while
conducting any hook-and-line gear
fishery for groundfish in the GOA is an
amount of halibut equivalent to the
amount of halibut mortality established for each of the fishery categories
in paragraphs (d)(2)(i)(A) and (B) of this
section. The notification at paragraph
(d)(1) of this section also may specify a
halibut PSC limit for the pot gear fisheries.
(A) Demersal shelf rockfish, Southeast
Outside (SEO) District. The halibut PSC
limit in the demersal shelf rockfish
fishery in the SEO District is 9 mt.
(B) Other hook-and-line fishery. The
halibut PSC limit in the other hookand-line gear fishery is established according to the provisions of paragraphs
(d)(2)(iii) and (d)(2)(iv) of this section.
(ii) Hook-and-line fishery categories.
For purposes of apportioning the hookand-line halibut PSC limit among fisheries, the following fishery categories
are specified and defined in terms of
round-weight equivalents of those GOA
groundfish species for which a TAC has
been specified under § 679.20.
(A) Demersal shelf rockfish, SEO District. Fishing with hook-and-line gear
in the SEO District of the Eastern GOA
regulatory area during any weekly reporting period that results in a retained catch of demersal shelf rockfish
that is greater than the retained
amount of any other fishery category
defined under this paragraph (d)(2)(ii).
(B) Other hook-and-line fishery. Fishing with hook-and-line gear during any
weekly reporting period that results in
a retained catch of groundfish and is
not a demersal shelf rockfish fishery
defined under paragraph (d)(2)(ii)(A) of
this section.

691

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

(iii) Apportionment of the GOA halibut PSC limit among other hook-andline catcher vessels and catcher/processors.
(A) Catcher vessels using hook-andline gear in the other hook-and-line

fishery will be apportioned part of the
GOA halibut PSC limit in proportion
to the total Western and Central GOA
Pacific cod allocations, where X is
equal to annnual TAC, as follows:

(B) Catcher/processors using hookand-line gear in the other hook-andline fishery will be apportioned part of
the GOA halibut PSC limit in propor-

tion to the total Western and Central
GOA Pacific cod allocations, where X is
equal to annual TAC, as follows:

(C) No later than November 1, any
halibut PSC limit allocated under
paragraph (d)(2)(ii)(B) of this section
not projected by the Regional Administrator to be used by one of the hookand-line sectors during the remainder
of the fishing year will be made available to the other sector.

(iv) Other hook-and-line fishery annual
PSC limit reductions. The annual halibut
PSC limits established for the other
hook-and-line fishery under paragraph
(d)(2)(iii) of this section are reduced, as
follows:

Annual PSC limit
percent reduction
from the annual
halibut PSC limit
established under
paragraph
(d)(2)(iii) of this
section.

Vessel category

(A) Catcher vessel ...................................................................

7
12
15
7

(B) Catcher/processor .............................................................

(3) Trawl gear annual halibut PSC
limit. (i) The annual total PSC limit of
halibut caught while conducting any
trawl gear fishery for groundfish in the
Percent reduction from 1,973 mt

Effective years

2014.
2015.
2016 and each year thereafter.
2014 and each year thereafter.

GOA is an amount of halibut equivalent to 1,973 mt of halibut mortality.
This amount is reduced as follows:
Annual trawl gear
PSC limit (mt) 1

7 ...............................................................................................
12 .............................................................................................
15 .............................................................................................

1,848
1,759
1,705

Effective years
2014.
2015.
2016 and each year thereafter.

1 This amount maintains the 191 mt annual allocation to the Rockfish Program (see Table 28d to this part) from the 1,973 mt
halibut PSC limit, while reducing the remainder of the annual trawl gear halibut PSC limit by the percentage listed in the first
column.

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Fishery Conservation and Management
(ii) PSC allowance. The halibut PSC
limit specified for vessels using trawl
gear may be further apportioned as
PSC allowances to the fishery categories listed in paragraph (d)(3)(iii) of
this section, based on each category’s
proportional share of the anticipated
halibut PSC mortality during a fishing
year and the need to optimize the
amount of total groundfish harvest
under the halibut PSC limit. The sum
of all PSC allowances will equal the
halibut PSC limit established under
paragraph (d)(3)(i) of this section.
(iii) Trawl fishery categories. For purposes of apportioning the trawl halibut
PSC limit among fisheries, the following fishery categories are specified
and defined in terms of round-weight
equivalents of these GOA groundfish
species for which a TAC has been specified under § 679.20:
(A) Shallow-water species fishery. Fishing with trawl gear during any weekly
reporting period that results in a retained aggregate catch of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and ‘‘other
species’’ that is greater than the retained aggregate amount of other GOA
groundfish species or species group.
(B) Deep-water species fishery. Fishing
with trawl gear during any weekly reporting period that results in a retained catch of groundfish and is not a
shallow-water species fishery as defined under paragraph (d)(3)(iii)(A) of
this section.
(4) Seasonal apportionments—(i) General. NMFS, after consultation with the
Council, may apportion each halibut
PSC limit or bycatch allowance specified under this paragraph (d) on a seasonal basis.
(ii) Factors to be considered. NMFS
will base any seasonal apportionment
of a halibut PSC limit or bycatch allowance on the following types of information:
(A) Seasonal distribution of halibut.
(B) Seasonal distribution of target
groundfish species relative to halibut
distribution.
(C) Expected halibut bycatch needs,
on a seasonal basis, relative to changes
in halibut biomass and expected
catches of target groundfish species.
(D) Expected variations in bycatch
rates throughout the fishing year.

§ 679.21
(E) Expected changes in directed
groundfish fishing seasons.
(F) Expected start of fishing effort.
(G) Economic effects of establishing
seasonal halibut allocations on segments of the target groundfish industry.
(iii) Unused seasonal apportionments.
(A) Unused seasonal apportionments of
halibut PSC limits specified for trawl,
hook-and-line, or pot gear will be
added to the respective seasonal apportionment for the next season during a
current fishing year; and
(B) An amount not greater than 55
percent of the halibut PSC that had
been allocated as CQ and that has not
been used by a rockfish cooperative
will be added to the last seasonal apportionment for trawl gear during the
current fishing year:
(1) After November 15; or
(2) After the effective date of a termination of fishing declaration according
to the provisions set out in § 679.4(n)(2),
whichever occurs first.
(C) The amount of unused halibut
PSC not reapportioned under the provisions described in § 679.21(d)(4)(iii)(B)
will not be available for use as halibut
PSC by any person for the remainder of
that calendar year.
(D) Combined management of trawl halibut PSC limits from May 15 through June
30. NMFS will combine management of
available trawl halibut PSC limits in
the second season deep-water and shallow-water species fishery categories for
use in either fishery from May 15
through June 30 during the current
fishery year. Halibut PSC sideboard
limits for the Amendment 80 and AFA
sectors will continue to be defined as
deep-water and shallow-water species
fisheries from May 15 through June 30.
NMFS will re-apportion the halibut
PSC limit between the deep-water and
shallow-water species fisheries after
June 30 to account for actual halibut
PSC use by each fishery category during May 15 through June 30. The Regional Administrator will issue a FEDERAL REGISTER notice to reapportion
the amounts of trawl halibut PSC to
each species fishery category.
(iv) Seasonal apportionment exceeded.
If a seasonal apportionment of a halibut PSC limit specified for trawl,

693

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50 CFR Ch. VI (10–1–23 Edition)

hook-and-line, pot gear, and/or operational type is exceeded, the amount
by which the seasonal apportionment
is exceeded will be deducted from the
respective apportionment for the next
season during a current fishing year.
(5) Apportionment among regulatory
areas and districts. Each halibut PSC
limit specified under this paragraph (d)
also may be apportioned among the
GOA regulatory areas and districts.
(6) Halibut PSC closures—(i) Trawl gear
fisheries. If, during the fishing year, the
Regional Administrator determines
that U.S. fishing vessels participating
in either of the trawl fishery categories
listed in paragraph (d)(3)(iii) (A) or (B)
of this section will catch the halibut
bycatch allowance, or apportionments
thereof, specified for that fishery category under paragraph (d)(1) of this
section, NMFS will publish notification in the FEDERAL REGISTER closing
the entire GOA or the applicable regulatory area or district to directed fishing with trawl gear for each species
and/or species group that comprises
that fishing category; provided, however, that when the halibut bycatch allowance, or seasonal apportionment
thereof, specified for the shallow-water
species fishery is reached, fishing for
pollock by vessels using pelagic trawl
gear may continue, consistent with
other provisions of this part.
(ii) Hook-and-line fisheries. If, during
the fishing year, the Regional Administrator determines that U.S. fishing vessels participating in any of the three
hook-and-line gear and operational
type fishery categories listed under
paragraph (d)(2) of this section will
catch the halibut PSC allowance, or
apportionments thereof, specified for
that fishery category under paragraph
(d)(1) of this section, NMFS will publish notification in the FEDERAL REGISTER closing the entire GOA or the applicable regulatory area, district, or
operation type to directed fishing with
hook-and-line gear for each species
and/or species group that composes
that fishing category.
(iii) Pot gear fisheries. If, during the
fishing year, the Regional Administrator determines that the catch of
halibut by operators of vessels using
pot gear to participate in a directed
fishery for groundfish will reach the

halibut PSC limit, or seasonal apportionment thereof, NMFS will publish
notification in the FEDERAL REGISTER
prohibiting directed fishing for groundfish by vessels using pot gear for the
remainder of the season to which the
halibut PSC limit or seasonal apportionment applies.
(iv) Nonpelagic trawl gear fisheries—
(A) Continued fishing under specified
conditions. When the vessels to which a
halibut PSC limit applies have caught
an amount of halibut equal to that
PSC, the Regional Administrator may,
by notification in the FEDERAL REGISTER, allow some or all of those vessels to continue to fish for groundfish
using nonpelagic trawl gear under specified conditions, subject to the other
provisions of this part.
(B) Factors to be considered. In authorizing and conditioning such continued
fishing with bottom-trawl gear, the Regional Administrator will take into account the following considerations, and
issue relevant findings:
(1) The risk of biological harm to halibut stocks and of socio-economic
harm to authorized halibut users posed
by continued bottom trawling by these
vessels.
(2) The extent to which these vessels
have
avoided
incidental
halibut
catches up to that point in the year.
(3) The confidence of the Regional
Administrator in the accuracy of the
estimates of incidental halibut catches
by these vessels up to that point in the
year.
(4) Whether observer coverage of
these vessels is sufficient to assure adherence to the prescribed conditions
and to alert the Regional Administrator to increases in their incidental
halibut catches.
(5) The enforcement record of owners
and operators of these vessels, and the
confidence of the Regional Administrator that adherence to the prescribed
conditions can be assured in light of
available enforcement resources.
(7) AFA halibut bycatch limitations.
Halibut bycatch limits for AFA catcher
vessels will be established according to
the procedure and formula set out in
§ 679.64(b) and managed through directed fishing closures for AFA catcher
vessels in the groundfish fisheries to

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Fishery Conservation and Management
which the halibut bycatch limit applies.
(e) BSAI PSC limits for crab and herring—(1) Trawl gear—(i) Red king crab in
Zone 1. The PSC limit of red king crab
caught by trawl vessels while engaged
in directed fishing for groundfish in
Zone 1 during any fishing year will be
specified for up to two fishing years by
NMFS, after consultation with the
Council, based on abundance and
spawning biomass of red king crab
using the criteria set out under paragraphs (e)(1)(i)(A) through (C) of this
section. The following table refers to
the PSC limits for red king crab that
you must follow in Zone 1:
When the number of mature female
red king crab is ...

The zone 1 PSC limit
will be ...

(A) At or below the threshold of 8.4
million mature crab or the effective
spawning biomass is less than or
equal to 14.5 million lb (6,577 mt)
(B) Above the threshold of 8.4 million
mature crab and the effective
spawning biomass is greater than
14.5 but less than 55 million lb
(24,948 mt)
(C) Above the threshold of 8.4 million
mature crab and the effective
spawning biomass is equal to or
greater than 55 million lb

32,000 red king crab.

97,000 red king crab.

197,000 red king
crab.

(ii) Tanner crab (C. bairdi). The PSC
limit of C. bairdi crabs caught by trawl
vessels while engaged in directed fishing for groundfish in Zones 1 and 2 during any fishing year will be specified
for up to two fishing years by NMFS
under paragraph (e)(6) of this section,
based on total abundance of C. bairdi
crabs as indicated by the NMFS annual
bottom trawl survey, using the criteria
set out under paragraphs (e)(1)(ii)(A)
and (B) of this section.
(A) The following table refers to the
PSC limits for C. bairdi that you must
follow in Zone 1:
When the total abundance of
C. bairdi crabs is ...
(1) 150 million animals or
less
(2) Over 150 million to 270
million animals
(3) Over 270 million to 400
million animals
(4) Over 400 million animals

The PSC limit will be ...
0.5 percent of the total abundance minus 20,000 animals
730,000 animals
830,000 animals
980,000 animals

(B) This table refers to the PSC limits for C. bairdi that you must follow in
Zone 2.

§ 679.21
When the total abundance of
C. bairdi crabs is ...
(1) 175 million animals or
less
(2) Over 175 million to 290
million animals
(3) Over 290 million to 400
million animals
(4) Over 400 million animals

The PSC limit will be ...
1.2 percent of the total abundance minus 30,000 animals
2,070,000 animals
2,520,000 animals
2,970,000 animals

(iii) C. opilio. The PSC limit of C.
opilio caught by trawl vessels while engaged in directed fishing for groundfish
in the COBLZ will be specified annually by NMFS under paragraph (e)(6) of
this section, based on total abundance
of C. opilio as indicated by the NMFS
annual bottom trawl survey using the
following criteria:
(A) PSC Limit. The PSC limit will be
0.1133 percent of the total abundance,
minus 150,000 C. opilio crabs, unless;
(B) Minimum PSC Limit. If 0.1133 percent multiplied by the total abundance
is less than 4.5 million, then the minimum PSC limit will be 4.350 million
animals; or
(C) Maximum PSC Limit. If 0.1133 percent multiplied by the total abundance
is greater than 13 million, then the
maximum PSC limit will be 12.850 million animals.
(iv) [Reserved]
(v) Pacific herring. The PSC limit of
Pacific herring caught while conducting any domestic trawl fishery for
groundfish in the BSAI is 1 percent of
the annual eastern Bering Sea herring
biomass. The PSC limit will be apportioned into annual herring PSC allowances, by target fishery, and will be
published along with the annual herring PSC limit in the FEDERAL REGISTER with the proposed and final
groundfish specifications defined in
§ 679.20.
(2) [Reserved]
(3) PSC apportionment to trawl fisheries—(i) General—(A) PSQ reserve. The
following allocations of the trawl gear
PSC limits are made to the CDQ Program as PSQ reserves. The PSQ reserves are not apportioned by gear or
fishery.
(1) Crab PSQ. 10.7 percent of each PSC
limit set forth in paragraphs (e)(1)(i)
through (iii) of this section.
(2) [Reserved]
(B) Fishery categories. NMFS, after
consultation with the Council and after

695

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

subtraction of PSQ reserves and PSC
CQ assigned to Amendment 80 cooperatives, will apportion each PSC limit set
forth in paragraphs (e)(1)(i) through
(vii) of this section into bycatch allowances for fishery categories defined in
paragraph (e)(3)(iv) of this section,
based on each category’s proportional
share of the anticipated incidental
catch during a fishing year of prohibited species for which a PSC limit is
specified and the need to optimize the
amount of total groundfish harvested
under established PSC limits.
(ii) Red king crab, C. bairdi, and C.
opilio—(A) General. For vessels engaged
in directed fishing for groundfish in the
BSAI, other than vessels fishing under
a CQ permit assigned to an Amendment
80 cooperative, the PSC limits for red
king crab, C. bairdi, and C. opilio will be
apportioned to the trawl fishery categories
defined
in
paragraphs
(e)(3)(iv)(B) through (F) of this section.
(B) Red King Crab Savings Subarea
(RKCSS). (1) The RKCSS is the portion
of the RKCSA between 56°00′ and 56°10′
N. lat. Notwithstanding other provisions of this part, vessels using non-pelagic trawl gear in the RKCSS may engage in directed fishing for groundfish
in a given year, if the ADF&G had established a guideline harvest level the
previous year for the red king crab
fishery in the Bristol Bay area.
(2) When the RKCSS is open to vessels fishing for groundfish with nonpelagic trawl gear under paragraph
(e)(3)(ii)(B)(1) of this section, NMFS,
after consultation with the Council,
will specify an amount of the red king
crab bycatch limit annually established under paragraph (e)(1)(i) of this
section for the RKCSS. The amount of
the red king crab bycatch limit specified for the RKCSS will not exceed an
amount equivalent to 25 percent of the
red king crab PSC allowance and will
be based on the need to optimize the
groundfish harvest relative to red king
crab bycatch.
(C) Incidental catch in midwater pollock fishery. Any amount of red king
crab, C. bairdi, or C. opilio that is incidentally taken in the midwater pollock
fishery as defined in paragraph
(e)(3)(iv)(A) of this section will be
counted against the bycatch allowances specified for the pollock/Atka

mackerel/‘‘other species’’ category defined in paragraph (e)(3)(iv)(F) of this
section.
(iii) Pacific herring. The PSC limit for
Pacific herring will be apportioned to
the BSAI trawl fishery categories defined in paragraphs (e)(3)(iv) (A)
through (F) of this section.
(iv) Trawl fishery categories. For purposes of apportioning trawl PSC limits
for crab and herring among fisheries,
other than crab PSC CQ assigned to an
Amendment 80 cooperative, the following fishery categories are specified
and defined in terms of round-weight
equivalents of those groundfish species
or species groups for which a TAC has
been specified under § 679.20.
(A) Midwater pollock fishery. Fishing
with trawl gear during any weekly reporting period that results in a catch
of pollock that is 95 percent or more of
the total amount of groundfish caught
during the week.
(B) Flatfish fishery. Fishing with
trawl gear during any weekly reporting
period that results in a retained aggregate amount of rock sole, ‘‘other flatfish,’’ and yellowfin sole that is greater
than the retained amount of any other
fishery category defined under this
paragraph (e)(3)(iv).
(1) Yellowfin sole fishery. Fishing with
trawl gear during any weekly reporting
period that is defined as a flatfish fishery under this paragraph (e)(3)(iv)(B)
and results in a retained amount of
yellowfin sole that is 70 percent or
more of the retained aggregate amount
of rock sole, ‘‘other flatfish,’’ and yellowfin sole.
(2) Rock sole/flathead sole/Alaska
plaice/‘‘other flatfish’’ fishery. Fishing
with trawl gear during any weekly reporting period that is defined as a flatfish fishery under this paragraph
(e)(3)(iv)(B) and is not a yellowfin sole
fishery as defined under paragraph
(e)(3)(iv)(B)(1) of this section.
(C) Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish fishery.
Fishing with trawl gear during any
weekly reporting period that results in
a retained aggregate amount of Greenland turbot, arrowtooth flounder,
Kamchatka flounder, and sablefish
that is greater than the retained
amount of any other fishery category
defined under this paragraph (e)(3)(iv).

696

Fishery Conservation and Management
(D) Rockfish fishery. Fishing with
trawl gear during any weekly reporting
period that results in a retained aggregate amount of rockfish species that is
greater than the retained amount of
any other fishery category defined
under this paragraph (e)(3)(iv).
(E) Pacific cod fishery. Fishing with
trawl gear during any weekly reporting
period that results in a retained aggregate amount of Pacific cod that is
greater than the retained amount of
any other groundfish fishery category
defined under this paragraph (e)(3)(iv).
The Pacific cod fishery is further apportioned between the PCTC Program,
the trawl catcher vessel limited access
C season, and AFA catcher/processors
as established at § 679.131(d).
(F) Pollock/Atka mackerel/‘‘other species.’’ Fishing with trawl gear during
any weekly reporting period that results in a retained aggregate amount of
pollock other than pollock harvested in
the midwater pollock fishery defined
under paragraph (e)(3)(iv)(A) of this
section, Atka mackerel, and ‘‘other
species’’ that is greater than the retained amount of any other fishery category defined under this paragraph
(e)(3)(iv).
(v) AFA prohibited species catch limitations. Crab PSC limits for the AFA
catcher/processor sector and the AFA
trawl catcher vessel sector will be established according to the procedures
and formulas set out in § 679.64(a) and
(b) and managed through directed fishing closures for the AFA catcher/processor sector and the AFA trawl catcher
vessel sector in the groundfish fisheries
for which the PSC limit applies.
(vi) Amendment 80 sector bycatch limitations. (A) Crab PSC limits for the
Amendment 80 sector in the BSAI will
be established according to the procedure and formulae set out in § 679.91(d)
through (f); and
(B) Crab PSC assigned to the Amendment 80 limited access fishery will be
managed through directed fishing closures for Amendment 80 vessels to
which the crab bycatch limits apply.
(4) [Reserved]
(5) Seasonal apportionments of bycatch
allowances—(i) General. NMFS, after
consultation with the Council, may apportion fishery bycatch allowances on
a seasonal basis.

§ 679.21
(ii) Factors to be considered. NMFS
will base any seasonal apportionment
of a bycatch allowance on the following
types of information:
(A) Seasonal distribution of prohibited species;
(B) Seasonal distribution of target
groundfish species relative to prohibited species distribution;
(C) Expected prohibited species bycatch needs on a seasonal basis relevant to change in prohibited species
biomass and expected catches of target
groundfish species;
(D) Expected variations in bycatch
rates throughout the fishing year;
(E) Expected changes in directed
groundfish fishing seasons;
(F) Expected start of fishing effort;
or
(G) Economic effects of establishing
seasonal prohibited species apportionments on segments of the target
groundfish industry.
(iii) Seasonal trawl fishery bycatch allowances—(A) Unused seasonal apportionments. Unused seasonal apportionments of trawl fishery bycatch allowances made under this paragraph (e)(5)
will be added to its respective fishery
bycatch allowance for the next season
during a current fishing year.
(B) Seasonal apportionment exceeded. If
a seasonal apportionment of a trawl
fishery bycatch allowance made under
paragraph (d)(5) of this section is exceeded, the amount by which the seasonal apportionment is exceeded will
be deducted from its respective apportionment for the next season during a
current fishing year.
(6) Notification—(i) General. NMFS
will publish in the FEDERAL REGISTER,
for up to two fishing years, the annual
red king crab PSC limit, and, if applicable, the amount of this PSC limit
specified for the RKCSS, the annual C.
bairdi PSC limit, the annual C. opilio
PSC limit, the proposed and final PSQ
reserve amounts, the proposed and
final bycatch allowances, and the seasonal apportionments thereof, as required by paragraph (e) of this section.
(ii) Public comment. Public comment
will be accepted by NMFS on the proposed annual red king crab PSC limit
and, if applicable, the amount of this
PSC limit specified for the RKCSS, the
annual C. bairdi PSC limit, the annual

697

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

C. opilio PSC limit, the proposed and
final bycatch allowances, seasonal apportionments thereof, and the manner
in which seasonal apportionments of
non-trawl fishery bycatch allowances
will be managed, for a period specified
in the notice of proposed specifications
published in the FEDERAL REGISTER.
(7) Trawl PSC closures—(i) Exception.
When a bycatch allowance, or seasonal
apportionment thereof, specified for
the pollock/Atka mackerel/‘‘other species’’ fishery category is reached, only
directed fishing for pollock is closed to
trawl vessels using nonpelagic trawl
gear.
(ii) Red king crab or C. bairdi Tanner
crab, Zone 1, closure—(A) General. Except as provided in paragraph (e)(7)(i)
of this section, if, during the fishing
year, the Regional Administrator determines that U.S. fishing vessels participating in any of the fishery categories listed in paragraphs (e)(3)(iv)
(B) through (F) of this section will
catch the Zone 1 bycatch allowance, or
seasonal apportionment thereof, of red
king crab or C. bairdi Tanner crab specified for that fishery category under
paragraph (e)(3) of this section, NMFS
will publish in the FEDERAL REGISTER
the closure of Zone 1, including the
RKCSS, to directed fishing for each
species and/or species group in that
fishery category for the remainder of
the year or for the remainder of the
season.
(B) RKCSS. If, during the fishing year
the Regional Administrator determines
that the amount of the red king crab
PSC limit that is specified for the
RKCSS under § 679.21(e)(3)(ii)(B) of this
section will be caught, NMFS will publish in the FEDERAL REGISTER the closure of the RKCSS to directed fishing
for groundfish with nonpelagic trawl
gear for the remainder of the year.
(iii) C. bairdi Tanner crab, Zone 2, closure. Except as provided in paragraph
(e)(7)(i) of this section, if, during the
fishing year, the Regional Administrator determines that U.S. fishing vessels participating in any of the fishery
categories
listed
in
paragraphs
(e)(3)(iv) (B) through (F) of this section
will catch the Zone 2 bycatch allowance, or seasonal apportionment thereof, of C. bairdi Tanner crab specified for
that fishery category under paragraph

(e)(3) of this section, NMFS will publish in the FEDERAL REGISTER the closure of Zone 2 to directed fishing for
each species and/or species group in
that fishery category for the remainder
of the year or for the remainder of the
season.
(iv) COBLZ. Except as provided in
paragraph (e)(7)(i) of this section, if,
during the fishing year, the Regional
Administrator determines that U.S.
fishing vessels participating in any of
the trawl fishery categories listed in
paragraphs (e)(3)(iv)(B) through (F) of
this section will catch the COBLZ bycatch allowance, or seasonal apportionment thereof, of C. opilio specified for
that fishery category under paragraph
(e)(3) of this section, NMFS will publish in the FEDERAL REGISTER the closure of the COBLZ, as defined in Figure
13 to this part, to directed fishing for
each species and/or species group in
that fishery category for the remainder
of the year or for the remainder of the
season.
(v) This paragraph (e)(7) does not
apply to apportionments to the PCTC
Program as described at § 679.130.
(vi) Pacific herring—(A) Closure. Except
as
provided
in
paragraph
(e)(7)(vi)(B) of this section, if, during
the fishing year, the Regional Administrator determines that U.S. fishing vessels participating in any of the fishery
categories
listed
in
paragraphs
(e)(3)(iv)(A) through (F) of this section
in the BSAI will catch the herring bycatch allowance, or seasonal apportionment thereof, specified for that fishery
category under paragraph (e)(3) of this
section, NMFS will publish in the FEDERAL REGISTER the closure of the Herring Savings Area as defined in Figure
4 to this part to directed fishing for
each species and/or species group in
that fishery category.
(B) Exceptions—(1) Midwater pollock.
When the midwater pollock fishery
category reaches its specified bycatch
allowance, or seasonal apportionment
thereof, the Herring Savings Areas are
closed to directed fishing for pollock
with trawl gear.
(2) Pollock/Atka mackerel/ ‘‘other species’’. When the pollock/Atka mackerel/
‘‘other
species’’
fishery
category

698

Fishery Conservation and Management
reaches its specified bycatch allowance, or seasonal apportionment thereof, the Herring Savings Areas are
closed to directed fishing for pollock
by trawl vessels using nonpelagic trawl
gear.
(f) Salmon Bycatch Management in the
BS Pollock Fishery—(1) Applicability.
This paragraph contains regulations
governing the bycatch of salmon in the
BS pollock fishery.
(2) Chinook salmon prohibited species
catch (PSC) limit. Each year, NMFS will
allocate to AFA sectors listed in paragraph (f)(3)(ii) of this section a portion
of the applicable Chinook salmon PSC
limit. NMFS will publish the applicable Chinook salmon PSC limit in the
annual harvest specifications after determining if it is a low Chinook salmon
abundance year. NMFS will determine
that it is a low Chinook salmon abundance year when abundance of Chinook
salmon in western Alaska is less than
or equal to 250,000 Chinook salmon. By
October 1 of each year, the State of
Alaska will provide to NMFS an estimate of Chinook salmon abundance
using the 3-System Index for western
Alaska based on the Kuskokwim, Unalakleet, and Upper Yukon aggregate
stock grouping.
(i) An AFA sector will receive a portion of the 47,591 Chinook salmon PSC

§ 679.21
limit, or, in a low Chinook salmon
abundance year, the 33,318 Chinook
salmon PSC limit, if —
(A) No Chinook salmon bycatch incentive plan agreement (IPA) is approved by NMFS under paragraph
(f)(12) of this section; or
(B) That AFA sector has exceeded its
performance standard under paragraph
(f)(6) of this section.
(ii) An AFA sector will receive a portion of the 60,000 Chinook salmon PSC
limit, or, in a low Chinook salmon
abundance year, the 45,000 Chinook
salmon PSC limit, if—
(A) At least one IPA is approved by
NMFS under paragraph (f)(12) of this
section; and
(B) That AFA sector has not exceeded its performance standard under
paragraph (f)(6) of this section.
(3) Allocations of the Chinook salmon
PSC limits—(i) Seasonal apportionment.
NMFS will apportion the Chinook
salmon PSC limits annually 70 percent
to the A season and 30 percent to the B
season,
which
are
described
in
§ 679.23(e)(2).
(ii) AFA sectors. Each year, NMFS
will make allocations of the applicable
Chinook salmon PSC limit to the following four AFA sectors:

AFA Sector:

Eligible participants are:

(A) Catcher/processor.
(B) Mothership ..........

AFA catcher/processors and AFA catcher vessels delivering to AFA catcher/processors, all of which are
permitted under § 679.4(l)(2) and (l)(3)(i)(A), respectively.
AFA catcher vessels harvesting pollock for processing by AFA motherships, all of which are permitted
under § 679.4(l)(3)(i)(B) and (l)(4), respectively.
AFA catcher vessels harvesting pollock for processing by AFA inshore processors, all of which are permitted under § 679.4(l)(3)(i)(C).
The six CDQ groups authorized under section 305(i)(1)(D) of the Magnuson-Stevens Act to participate in
the CDQ Program.

(C) Inshore ...............
(D) CDQ Program ....

(iii) Allocations to each AFA sector.
NMFS will allocate the Chinook salmon PSC limits to each AFA sector as
follows:

(A) If a sector is managed under the
60,000 Chinook salmon PSC limit, the
maximum amount of Chinook salmon
PSC allocated to each sector in each
season and annually is—

A season

B season

Annual total

AFA sector
% Allocation
(1)
(2)
(3)
(4)

Catcher/processor ...
Mothership ...............
Inshore .....................
CDQ Program ..........

32.9
8.0
49.8
9.3

# of Chinook

% Allocation

13,818
3,360
20,916
3,906

17.9
7.3
69.3
5.5

699

# of Chinook
3,222
1,314
12,474
990

% Allocation
28.4
7.8
55.6
8.2

# of Chinook
17,040
4,674
33,390
4,896

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

(B) If the sector is managed under
the 45,000 Chinook salmon PSC limit,
the sector will be allocated the fol-

lowing amount of Chinook salmon PSC
in each season and annually:

A season

B season

Annual total

AFA sector
% Allocation
(1)
(2)
(3)
(4)

Catcher/processor ...
Mothership ...............
Inshore .....................
CDQ Program ..........

# of Chinook

32.9
8.0
49.8
9.3

% Allocation

10,363
2,520
15,687
2,930

# of Chinook

17.9
7.3
69.3
5.5

(C) If the sector is managed under the
47,591 Chinook salmon PSC limit, the
sector will be allocated the following

2,415
987
9,355
743

% Allocation

# of Chinook

28.4
7.8
55.6
8.2

12,780
3,510
25,020
3,690

amount of Chinook salmon PSC in each
season and annually:

A season

B season

Annual total

AFA sector
% Allocation
(1)
(2)
(3)
(4)

Catcher/processor ...
Mothership ...............
Inshore .....................
CDQ Program ..........

# of Chinook

32.9
8.0
49.8
9.3

% Allocation

10,906
2,665
16,591
3,098

# of Chinook

17.9
7.3
69.3
5.5

(D) If the sector is managed under
the 33,318 Chinook salmon PSC limit,
the sector will be allocated the fol-

2,556
1,042
9,894
785

% Allocation

# of Chinook

28.4
7.8
55.6
8.2

13,516
3,707
26,485
3,883

lowing amount of Chinook salmon PSC
in each season and annually:

A season

B season

Annual total

AFA sector
% Allocation
(1)
(2)
(3)
(4)

Catcher/processor ...
Mothership ...............
Inshore .....................
CDQ Program ..........

32.9
8.0
49.8
9.3

# of Chinook

% Allocation

7,673
1,866
11,615
2,169

17.9
7.3
69.3
5.5

(iv) Allocations to the AFA catcher/
processor and mothership sectors. (A)
NMFS will issue transferable Chinook
salmon PSC allocations under paragraph (f)(3)(iii) of this section to entities representing the AFA catcher/
processor
sector
and
the
AFA
mothership sector if these sectors meet
the requirements of paragraph (f)(8) of
this section.
(B) If no entity is approved by NMFS
to represent the AFA catcher/processor
sector or the AFA mothership sector,
then NMFS will manage that sector
under a non-transferable Chinook
salmon PSC allocation under paragraph (f)(10) of this section.
(v) Allocations to inshore cooperatives
and the AFA inshore open access fishery.
NMFS will further allocate the inshore
sector’s Chinook salmon PSC allocation under paragraph (f)(3)(iii) of this

# of Chinook
1,789
730
6,926
550

% Allocation
28.4
7.8
55.6
8.2

# of Chinook
9,462
2,599
18,525
2,732

section among the inshore cooperatives
and the inshore open access fishery
based on the percentage allocations of
pollock to each inshore cooperative
under § 679.62(a). NMFS will issue
transferable Chinook salmon PSC allocations to inshore cooperatives. Any
Chinook salmon PSC allocated to the
inshore open access fishery will be as a
non-transferable allocation managed
by NMFS under the requirements of
paragraph (f)(10) of this section.
(vi) Allocations to the CDQ Program.
NMFS will further allocate the Chinook salmon PSC allocation to the
CDQ
Program
under
paragraph
(f)(3)(iii) of this section among the six
CDQ groups based on each CDQ group’s
percentage of the CDQ Program pollock allocation. NMFS will issue transferable Chinook salmon PSC allocations to CDQ groups.

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Fishery Conservation and Management

§ 679.21

(vii) Accrual of Chinook salmon bycatch to specific PSC allocations.
If a Chinook salmon PSC allocation is:

Then all Chinook salmon bycatch:

(A) A transferable allocation to a sector-level entity, inshore cooperative, or CDQ group under
paragraph (f)(8) of this section.
(B) A non-transferable allocation to a sector or the
inshore open access fishery under paragraph
(f)(10) of this section.
(C) The opt-out allocation under paragraph (f)(5)
of this section.

By any vessel fishing under a transferable allocation will accrue against the
allocation to the entity representing that vessel.
By any vessel fishing under a non-transferable allocation will accrue against
the allocation established for the sector or inshore open access fishery,
whichever is applicable.
By any vessel fishing under the opt-out allocation will accrue against the
opt-out allocation.

(viii) Public release of Chinook salmon
PSC information. For each year, NMFS
will release to the public and publish
on the NMFS Alaska Region Web site
(http://alaskafisheries.noaa.gov/):
(A) The Chinook salmon PSC allocations for each entity receiving a transferable allocation;
(B) The non-transferable Chinook
salmon PSC allocations;
(C) The vessels fishing under each
transferable or non-transferable allocation;
(D) The amount of Chinook salmon
bycatch that accrues towards each
transferable or non-transferable allocation;
(E) Any changes to these allocations
due to transfers under paragraph (f)(9)
of this section, rollovers under paragraph (f)(11) of this section, and deductions from the B season non-transferable allocations under paragraphs
(f)(5)(v) or (f)(10)(iii) of this section;
and
(F) Tables for each sector that provide the percent of the sector’s pollock
allocation, numbers of Chinook salmon
associated with each vessel in the sector used to calculate the opt-out allocation and annual threshold amounts,
and the percent of the pollock allocation associated with each vessel that
NMFS will use to calculate IPA minimum participation assigned to each
vessel.
(4) Reduction in allocations of the Chinook salmon PSC limit—(i) Reduction in
sector allocations. NMFS will reduce the
seasonal allocation of the Chinook
salmon PSC limit to the catcher/processor sector, the mothership sector, the
inshore sector, or the CDQ Program
under paragraph (f)(3)(iii)(A) or (B) of
this section, if the owner of any permitted AFA vessel in that sector, or

any CDQ group, does not participate in
an approved IPA under paragraph
(f)(12) of this section. NMFS will subtract the amount of Chinook salmon
from each sector’s allocation associated with each vessel not participating
in an approved IPA.
(ii) Adjustments to the inshore sector
and inshore cooperative allocations. (A) If
some members of an inshore cooperative do not participate in an approved
IPA, NMFS will reduce the allocation
to the cooperative to which those vessels belong, or the inshore open access
fishery.
(B) If all members of an inshore cooperative do not participate in an approved IPA, the amount of Chinook
salmon that remains in the inshore
sector’s allocation, after subtracting
the amount of Chinook salmon associated with the non-participating inshore
cooperative, will be reallocated among
the inshore cooperatives participating
in an approved IPA based on the proportion each participating cooperative
represents of the Chinook salmon PSC
initially allocated among the participating inshore cooperatives that year.
(iii) Adjustment to CDQ group allocations. If a CDQ group does not participate in an approved IPA, the amount of
Chinook salmon that remains in the
CDQ Program’s allocation, after subtracting the amount of Chinook salmon associated with the non-participating CDQ group, will be reallocated
among the CDQ groups participating in
an approved IPA based on the proportion each participating CDQ group represents of the Chinook salmon PSC initially allocated among the participating CDQ groups that year.
(iv) All members of a sector do not participate in an approved IPA. If all members of a sector do not participate in an

701

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

approved IPA, the amount of Chinook
salmon that remains after subtracting
the amount of Chinook salmon associated with the non-participating sector
will not be reallocated among the sectors that have members participating
(i) What is the amount of Chinook
salmon PSC that will be allocated
to the opt-out allocation in the A
season and the B season?
(ii) Which participants will be managed under the opt-out allocation?
(iii) What Chinook salmon bycatch
will accrue against the opt-out allocation?
(iv) How will the opt-out allocation be
managed?

(v) What will happen if Chinook
salmon bycatch by vessels fishing
under the opt-out allocation exceeds the amount allocated to the
A season opt-out allocation?
(vi) What will happen if Chinook
salmon bycatch by vessels fishing
under the opt-out allocation is less
than the amount allocated to the A
season opt-out allocation?
(vii) Is Chinook salmon PSC allocated to the opt-out allocation
transferable?

in an approved IPA. This portion of the
PSC limit will remain unallocated for
that year.
(5) Chinook salmon PSC opt-out allocation. The following table describes requirements for the opt-out allocation:

The opt-out allocation will equal the sum of the Chinook salmon PSC deducted under
paragraph (f)(4)(i) of this section from the seasonal allocations of each sector with
members not participating in an approved IPA.
Any AFA-permitted vessel or any CDQ group that is a member of a sector eligible under
paragraph (f)(2)(ii) of this section to receive allocations of the 60,000 PSC limit or the
45,000 PSC limit, but that is not participating in an approved IPA.
All Chinook salmon bycatch by participants under paragraph (f)(5)(ii) of this section.

All participants under paragraph (f)(5)(ii) of this section will be managed as a group
under the seasonal opt-out allocations. If the Regional Administrator determines that
the seasonal opt-out allocation will be reached, NMFS will publish a notice in the Federal Register closing directed fishing for pollock in the BS, for the remainder of the
season, for all vessels fishing under the opt-out allocation.
NMFS will deduct from the B season opt-out allocation any Chinook salmon bycatch in
the A season that exceeds the A season opt-out allocation.

If Chinook salmon bycatch by vessels fishing under the opt-out allocation in the A season is less than the amount allocated to the opt-out allocation in the A season, this
amount of Chinook salmon will not be added to the B season opt-out allocation.

No. Chinook salmon PSC allocated to the opt-out allocation is not transferable.

(6) Chinook salmon bycatch performance standard. If the total annual Chinook salmon bycatch by the members
of a sector participating in an approved
IPA is greater than that sector’s annual threshold amount of Chinook
salmon in any three of seven consecutive years, that sector will receive an
allocation of Chinook salmon under the
47,591 PSC limit in all future years, except in low Chinook salmon abundance
years when that sector will receive an
allocation under the 33,318 Chinook
salmon PSC limit.
(i) Annual threshold amount. Prior to
each year, NMFS will calculate each
sector’s annual threshold amount.
NMFS will post the annual threshold
amount for each sector on the NMFS
Alaska
Region
Web
site
(http://
alaskafisheries.noaa.gov/). At the end of
each year, NMFS will evaluate the Chinook salmon bycatch by all IPA participants in each sector against that
sector’s annual threshold amount.
(ii) Calculation of the annual threshold
amount. A sector’s annual threshold
amount is the annual number of Chi-

nook salmon that would be allocated to
that sector under the 47,591 Chinook
salmon PSC limit, as shown in the
table in paragraph (f)(3)(iii)(C) of this
section, or the 33,318 Chinook salmon
PSC limit in low Chinook salmon abundance years, as shown in the table in
paragraph (f)(3)(iii)(D) of this section.
If any vessels in a sector do not participate in an approved IPA, NMFS will reduce that sector’s annual threshold
amount by the number of Chinook
salmon associated with each vessel not
participating in an approved IPA. If
any CDQ groups do not participate in
an approved IPA, NMFS will reduce the
CDQ
Program’s
annual
threshold
amount by the number of Chinook
salmon associated with each CDQ
group not participating in an approved
IPA.
(iii) Exceeding the performance standard. If NMFS determines that a sector
has exceeded its performance standard
by exceeding its annual threshold
amount in any three of seven consecutive years, NMFS will issue a notification in the FEDERAL REGISTER that the

702

Fishery Conservation and Management
sector has exceeded its performance
standard. In all subsequent years,
NMFS will allocate to that sector either the amount of Chinook salmon in
the table in paragraph (f)(3)(iii)(C) of
this section or, in low Chinook salmon
abundance years, the amount of Chinook salmon in the table in paragraph
(f)(3)(iii)(D) of this section. All members of the affected sector will fish
under this lower PSC allocation regardless of whether a vessel or CDQ
group within that sector participates
in an approved IPA.
(7) Replacement vessels. If an AFA-permitted vessel is no longer eligible to
participate in the BS pollock fishery or
if a vessel replaces a currently eligible
vessel, NMFS will assign the portion
and number of Chinook salmon associated with that vessel to the replacement vessel or distribute it among
other eligible vessels in the sector
based on the procedures in the law, regulation, or private contract that accomplishes the vessel removal or replacement action.
(8) Entities eligible to receive transferable Chinook salmon PSC allocations. (i)
NMFS will issue transferable Chinook
salmon PSC allocations to the following entities, if these entities meet
all the applicable requirements of this
section.
(A) Inshore cooperatives. NMFS will
issue transferable Chinook salmon PSC
allocations to the inshore cooperatives
permitted annually under § 679.4(l)(6).
The representative and agent for service of process (see definition at § 679.2)
for an inshore cooperative is the cooperative representative identified in the
application for an inshore cooperative
fishing permit issued under § 679.4(l)(6),
unless the inshore cooperative representative notifies NMFS in writing
that a different person will act as its
agent for service of process for purposes of this paragraph (f). An inshore
cooperative is not required to submit
an
application
under
paragraph
(f)(8)(ii) of this section to receive a
transferable Chinook salmon PSC allocation.
(B) CDQ groups. NMFS will issue
transferable Chinook salmon PSC allocations to the CDQ groups. The representative and agent for service of
process for a CDQ group is the chief ex-

§ 679.21
ecutive officer of the CDQ group, unless
the chief executive officer notifies
NMFS in writing that a different person will act as its agent for service of
process. A CDQ group is not required to
submit an application under paragraph
(f)(8)(ii) of this section to receive a
transferable Chinook salmon PSC allocation.
(C) Entity representing the AFA catcher/processor sector. NMFS will authorize
only one entity to represent the catcher/processor sector for purposes of receiving and managing transferable Chinook salmon PSC allocations on behalf
of the catcher/processors eligible to
fish under transferable Chinook salmon
PSC allocations. NMFS will issue
transferable Chinook salmon allocations under the Chinook salmon PSC
limit to the entity representing the
catcher/processor sector if that entity
represents all the owners of AFA-permitted vessels in this sector that are
participants in an approved IPA.
(D) Entity representing the AFA
mothership sector. NMFS will authorize
only one entity to represent the
mothership sector for purposes of receiving and managing transferable Chinook salmon PSC allocations on behalf
of the vessels eligible to fish under
transferable Chinook salmon PSC allocations. NMFS will issue transferable
Chinook salmon allocations under the
Chinook salmon PSC limit to an entity
representing the mothership sector if
that entity represents all the owners of
AFA-permitted vessels in this sector
that are participants in an approved
IPA.
(ii) Request for approval as an entity eligible to receive transferable Chinook
salmon PSC allocations. A representative of an entity representing the
catcher/processor
sector
or
the
mothership sector may request approval by NMFS to receive transferable
Chinook salmon PSC allocations on behalf of the members of the sector. The
application must be submitted to
NMFS at the address in paragraph
(b)(6) of this section. A completed application consists of the application
form and a contract, described below.
(A) Application form. The applicant
must submit a paper copy of the application form with all information fields

703

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

accurately filled in, including the affidavit affirming that each eligible vessel owner, from whom the applicant received written notification requesting
to join the sector entity, has been allowed to join the sector entity subject
to the same terms and conditions that
have been agreed on by, and are applicable to, all other parties to the sector
entity. The application form is available on the NMFS Alaska Region Web
site (http://alaskafisheries.noaa.gov/) or
from NMFS at the address in paragraph (b)(6) of this section.
(B) Contract. A contract containing
the following information must be attached to the completed application
form:
(1) Information that documents that
all vessel owners party to the contract
agree that the entity, the entity’s representative, and the entity’s agent for
service of process named in the application form represent them for purposes of receiving transferable Chinook
salmon PSC allocations.
(2) A statement that the entity’s representative and agent for service of
process are authorized to act on behalf
of the vessel owners party to the contract.
(3) Signatures, printed names, and
date of signature for the owners of each
AFA-permitted vessel identified in the
application form.
(C) Contract duration. Once submitted, the contract attached to the
application form is valid until amended
or terminated by the parties to the
contract.
(D) Deadline. An application form and
contract must be received by NMFS no
later than 1700 hours, A.l.t., on October
1 of the year prior to the year for
which the Chinook salmon PSC allocations are effective.
(E) Approval. If more than one entity
application form is submitted to
NMFS, NMFS will approve the application form for the entity that represents
the most eligible vessel owners in the
sector.
(F) Amendments to the sector entity. (1)
An amendment to the sector entity
contract, with no change in entity participants, may be submitted to NMFS
at any time and is effective upon written notification of approval by NMFS
to the entity representative. To amend

a contract, the entity representative
must submit a complete application, as
described in paragraph (f)(8)(ii) of this
section.
(2) To make additions or deletions to
the vessel owners represented by the
entity for the next year, the entity representative must submit a complete
application, as described in paragraph
(f)(8)(ii) of this section, by December 1.
(iii) Entity representative. (A) The entity’s representative must —
(1) Act as the primary contact person
for NMFS on issues relating to the operation of the entity;
(2) Submit on behalf of the entity
any applications required for the entity to receive a transferable Chinook
salmon PSC allocation and to transfer
some or all of that allocation to and
from other entities eligible to receive
transfers of Chinook salmon PSC allocations;
(3) Ensure that an agent for service
of process is designated by the entity;
and
(4) Ensure that NMFS is notified if a
substitute agent for service of process
is designated. Notification must include the name, address, and telephone
number of the substitute agent in the
event the previously designated agent
is no longer capable of accepting service on behalf of the entity or its members within the 5-year period from the
time the agent is identified in the application to NMFS under paragraph
(f)(8)(ii) of this section.
(B) Any vessel owner that is a member of an inshore cooperative, or a
member of the entity that represents
the catcher/processor sector or the
mothership sector, may authorize the
entity representative to sign a proposed IPA submitted to NMFS, under
paragraph (f)(12) of this section, on his
or her behalf. This authorization must
be included in the contract submitted
to NMFS, under paragraph (f)(8)(ii)(B)
of this section, for the sector-level entities and in the contract submitted
annually to NMFS by inshore cooperatives under § 679.61(d).
(iv) Agent for service of process. The
entity’s agent for service of process
must—
(A) Be authorized to receive and respond to any legal process issued in the

704

Fishery Conservation and Management
United States with respect to all owners and operators of vessels that are
members of an entity receiving a transferable allocation of Chinook salmon
PSC or with respect to a CDQ group.
Service on or notice to the entity’s appointed agent constitutes service on or
notice to all members of the entity.
(B) Be capable of accepting service on
behalf of the entity until December 31
of the year five years after the calendar year for which the entity notified the Regional Administrator of the
identity of the agent.
(v) Absent a catcher/processor sector or
mothership sector entity. If the catcher/
processor sector or the mothership sector does not form an entity to receive
a transferable allocation of Chinook
salmon PSC, the sector will be managed by NMFS under a non-transferable allocation of Chinook salmon PSC
under paragraph (f)(10) of this section.
(9) Transfers of Chinook salmon PSC.
(i) A Chinook salmon PSC allocation
issued to eligible entities under paragraph (f)(8)(i) of this section may be
transferred to any other entity receiving a transferable allocation of Chinook salmon PSC by submitting to
NMFS an application for transfer described in paragraph (f)(9)(iii) of this
section. Transfers of Chinook salmon
PSC allocations among eligible entities
are subject to the following restrictions:
(A) Entities receiving transferable allocations under the 60,000 PSC limit
may only transfer to and from other
entities receiving allocations under the
60,000 PSC limit.
(B) Entities receiving transferable allocations under the 45,000 PSC limit
may only transfer to and from other
entities receiving allocations under the
45,000 PSC limit.
(C) Entities receiving transferable allocations under the 47,591 PSC limit
may only transfer to and from other
entities receiving allocations under the
47,591 PSC limit.
(D) Entities receiving transferable allocations under the 33,318 PSC limit
may only transfer to and from other
entities receiving allocations under the
33,318 PSC limit.
(E) Chinook salmon PSC allocations
may not be transferred between seasons.

§ 679.21
(ii) Post-delivery transfers. If the Chinook salmon bycatch by an entity exceeds its seasonal allocation, the entity may receive transfers of Chinook
salmon PSC to cover overages for that
season. An entity may conduct transfers to cover an overage that results
from Chinook salmon bycatch from
any fishing trip by a vessel fishing on
behalf of that entity that was completed or is in progress at the time the
entity’s allocation is first exceeded.
Under
§ 679.7(d)(5)(ii)(C)(2)
and
(k)(8)(v)(B), vessels fishing on behalf of
an entity that has exceeded its Chinook salmon PSC allocation for a season may not start a new fishing trip for
pollock in the BS on behalf of that
same entity for the remainder of that
season.
(iii) Application for transfer of Chinook
salmon PSC allocation—(A) Completed
application. NMFS will process a request for transfer of Chinook salmon
PSC provided that a paper or electronic
application is completed, with all information fields accurately filled in.
Application forms are available on the
NMFS Alaska Region Web site (http://
alaskafisheries.noaa.gov/) or from NMFS
at the address in paragraph (b)(6) of
this section.
(B) Certification of transferor—(1) Nonelectronic submittal. The transferor’s
designated representative must sign
and date the application certifying
that all information is true, correct,
and complete. The transferor’s designated representative must submit
the paper application as indicated on
the application.
(2) Electronic submittal. The transferor’s designated entity representative
must log onto the NMFS online services system and create a transfer request as indicated on the computer
screen. By using the transferor’s NMFS
ID, password, and Transfer Key, and
submitting the transfer request, the
designated representative certifies that
all information is true, correct, and
complete.
(C) Certification of transferee—(1) Nonelectronic submittal. The transferee’s
designated representative must sign
and date the application certifying
that all information is true, correct,
and complete.

705

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

(2) Electronic submittal. The transferee’s designated representative must
log onto the NMFS online services system and accept the transfer request as
indicated on the computer screen. By
using the transferee’s NMFS ID, password, and Transfer Key, the designated
representative certifies that all information is true, correct, and complete.
(D) Deadline. NMFS will not approve
an application for transfer of Chinook
salmon PSC after June 25 for the A season or after December 1 for the B season.
(10) Non-transferable Chinook salmon
PSC allocations. (i) All vessels belonging to a sector that is ineligible to receive transferable allocations under
paragraph (f)(8) of this section, any
catcher vessels participating in an
inshore open access fishery, and all
vessels fishing under the opt-out allocation under paragraph (f)(5) of this
section will fish under specific nontransferable Chinook salmon PSC allocations.
(ii) All vessels fishing under a nontransferable Chinook salmon PSC allocation, including vessels fishing on behalf of a CDQ group, will be managed
together by NMFS under that nontransferable allocation. If, during the
fishing year, the Regional Administrator determines that a seasonal nontransferable Chinook salmon PSC allocation will be reached, NMFS will publish a notice in the FEDERAL REGISTER
closing the BS to directed fishing for
pollock by those vessels fishing under
that non-transferable allocation for the
remainder of the season or for the remainder of the year.
(iii) For each non-transferable Chinook salmon PSC allocation, NMFS
will deduct from the B season allocation any amount of Chinook salmon
bycatch in the A season that exceeds
the amount available under the A season allocation.
(11) Rollover of unused A season allocation—(i) Rollovers of transferable allocations. NMFS will add any Chinook
salmon PSC allocation remaining at
the end of the A season, after any
transfers under paragraph (f)(9)(ii) of
this section, to an entity’s B season allocation.
(ii) Rollover of non-transferable allocations. For a non-transferable allocation

for the mothership sector, catcher/
processor sector, or an inshore open access fishery, NMFS will add any Chinook salmon PSC remaining in that
non-transferable allocation at the end
of the A season to that B season nontransferable allocation.
(12) Salmon bycatch incentive plan
agreements (IPAs)—(i) Minimum participation requirements. More than one IPA
may be approved by NMFS. Each IPA
must have participants that represent
the following:
(A) Minimum percent pollock. Parties
to an IPA must collectively represent
at least 9 percent of the BS pollock
quota.
(B) Minimum number of unaffiliated
AFA entities. Parties to an IPA must
represent any combination of two or
more CDQ groups or corporations, partnerships, or individuals who own AFApermitted vessels and are not affiliated, as affiliation is defined for purposes of AFA entities in § 679.2.
(ii) Membership in an IPA. (A) No vessel owner or CDQ group is required to
join an IPA.
(B) For a vessel owner in the catcher/
processor sector or mothership sector
to join an IPA, that vessel owner must
be a member of the entity representing
that sector under paragraph (f)(8).
(C) For a CDQ group to be a member
of an IPA, the CDQ group must sign the
IPA and list in that IPA each vessel
harvesting BS pollock CDQ, on behalf
of that CDQ group, that will participate in that IPA.
(D) Once a member of an IPA, a vessel owner or CDQ group cannot withdraw from the IPA during a fishing
year.
(iii) Request for approval of a proposed
IPA. The IPA representative must submit a proposed IPA to NMFS at the address in paragraph (b)(6) of this section.
The proposed IPA must contain the following information:
(A) Affidavit. The IPA must include
the affidavit affirming that each eligible vessel owner or CDQ group, from
whom the IPA representative received
written notification requesting to join
the IPA, has been allowed to join the
IPA subject to the same terms and conditions that have been agreed on by,
and are applicable to, all other parties
to the IPA.

706

Fishery Conservation and Management
(B) Name of the IPA.
(C) Representative. The IPA must include the name, telephone number, and
email address of the IPA representative
who submits the proposed IPA on behalf of the parties and who is responsible for submitting proposed amendments to the IPA and the annual report
required under paragraph (f)(13) of this
section.
(D) Third party group. The IPA must
identify at least one third party group.
Third party groups include any entities
representing western Alaskans who depend on salmon and have an interest in
salmon bycatch reduction but do not
directly fish in a groundfish fishery.
(E) Description of the incentive plan.
The IPA must contain a description of
the following—
(1) The incentive(s) that will be implemented under the IPA for the operator of each vessel participating in the
IPA to avoid Chinook salmon and
chum salmon bycatch under any condition of pollock and Chinook salmon
abundance in all years.
(2) How the incentive(s) to avoid
chum salmon do not increase Chinook
salmon bycatch.
(3) The rewards for avoiding Chinook
salmon, penalties for failure to avoid
Chinook salmon at the vessel level, or
both.
(4) How the incentive measures in the
IPA are expected to promote reductions in a vessel’s Chinook salmon and
chum salmon bycatch rates relative to
what would have occurred in absence of
the incentive program.
(5) How the incentive measures in the
IPA promote Chinook salmon and
chum salmon savings in any condition
of pollock abundance or Chinook salmon abundance in a manner that is expected to influence operational decisions by vessel operators to avoid Chinook salmon and chum salmon.
(6) How the IPA ensures that the operator of each vessel governed by the
IPA will manage that vessel’s Chinook
salmon bycatch to keep total bycatch
below the performance standard described in paragraph (f)(6) of this section for the sector in which the vessel
participates.
(7) How the IPA ensures that the operator of each vessel governed by the
IPA will manage that vessel’s chum

§ 679.21
salmon bycatch to avoid areas and
times where the chum salmon are likely to return to western Alaska.
(8) The rolling hot spot program for
salmon bycatch avoidance that operates throughout the entire A season
and B season and the agreement to provide notifications of closure areas and
any violations of the rolling hot spot
program to the third party group.
(9) The restrictions or penalties targeted at vessels that consistently have
significantly higher Chinook salmon
PSC rates relative to other vessels fishing at the same time.
(10) The requirement for vessels to
enter a fishery-wide in-season salmon
PSC data sharing agreement.
(11) The requirement for the use of
salmon excluder devices, with recognition of contingencies, from January 20
to March 31, and from September 1
until the end of the B season.
(12) The requirement that salmon
savings credits are limited to a maximum of three years for IPAs with
salmon savings credits.
(13) The restrictions or performance
criteria used to ensure that Chinook
salmon PSC rates in October are not
significantly
higher
than
those
achieved in the preceding months.
(F) Compliance agreement. The IPA
must include a written statement that
all parties to the IPA agree to comply
with all provisions of the IPA.
(G) Signatures. The names and signatures of the owner or representative for
each vessel and CDQ group that is a
party to the IPA. The representative of
an inshore cooperative, or the representative of the entity formed to represent the AFA catcher/processor sector or the AFA mothership sector
under paragraph (f)(8) of this section
may sign a proposed IPA on behalf of
all vessels that are members of that
inshore cooperative or sector level entity.
(iv) Deadline and duration—(A) Deadline for proposed IPA. A proposed IPA
must be received by NMFS no later
than 1700 hours, A.l.t., on October 1 of
the year prior to the year for which the
IPA is proposed to be effective.
(B) Duration. Once approved, an IPA
is effective starting January 1 of the
year following the year in which NMFS

707

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

approves the IPA, unless the IPA is approved between January 1 and January
19, in which case the IPA is effective
starting in the year in which it is approved. Once approved, an IPA is effective until December 31 of the first year
in which it is effective or until December 31 of the year in which the IPA representative notifies NMFS in writing
that the IPA is no longer in effect,
whichever is later. An IPA may not expire mid-year. No party may join or
leave an IPA once it is approved, except as allowed under paragraph
(f)(12)(v)(C) of this section.
(v) NMFS review of a proposed IPA—
(A) Approval. An IPA will be approved
by NMFS if it meets the following requirements:
(1) Meets the minimum participation
requirements in paragraph (f)(12)(i) of
this section;
(2) Is submitted in compliance with
the
requirements
of
paragraphs
(f)(12)(ii) and (iv) of this section; and
(3) Contains the information required
in paragraph (f)(12)(iii) of this section.
(B) IPA identification number. If approved, NMFS will assign an IPA identification number to the approved IPA.
This number must be used by the IPA
representative in amendments to the
IPA.
(C) Amendments to an IPA. Amendments to an approved IPA may be submitted to NMFS at any time and will
be reviewed under the requirements of
this paragraph (f)(12). An amendment
to an approved IPA is effective upon
written notification of approval by
NMFS to the IPA representative.
(D) Disapproval. (1) NMFS will disapprove a proposed IPA or a proposed
amendment to an IPA for either of the
following reasons:
(i) If the proposed IPA fails to meet
any of the requirements of paragraphs
(f)(12)(i) through (iii) of this section, or
(ii) If a proposed amendment to an
IPA would cause the IPA to no longer
be consistent with the requirements of
paragraphs (f)(12)(i) through (iv) of this
section.
(2) Initial Administrative Determination
(IAD). If, in NMFS’ review of the proposed IPA, NMFS identifies deficiencies in the proposed IPA that require disapproval of the proposed IPA,
NMFS will notify the applicant in writ-

ing. The IPA representative will be
provided one 30-day period to address,
in writing, the deficiencies identified
by NMFS. Additional information or a
revised IPA received by NMFS after
the expiration of the 30-day period
specified by NMFS will not be considered for purposes of the review of the
proposed IPA. NMFS will evaluate any
additional information submitted by
the applicant within the 30-day period.
If the Regional Administrator determines that the additional information
addresses deficiencies in the proposed
IPA, the Regional Administrator will
approve the proposed IPA under paragraphs (f)(12)(iv)(B) and (f)(12)(v)(A) of
this section. However, if, after consideration of the original proposed IPA
and any additional information submitted during the 30-day period, NMFS
determines that the proposed IPA does
not comply with the requirements of
paragraph (f)(12) of this section, NMFS
will issue an initial administrative determination (IAD) providing the reasons for disapproving the proposed IPA.
(3) Administrative Appeals. An IPA
representative who receives an IAD disapproving a proposed IPA may appeal
under the procedures set forth at
§ 679.43. If the IPA representative fails
to file an appeal of the IAD pursuant to
§ 679.43, the IAD will become the final
agency action. If the IAD is appealed
and the final agency action is a determination to approve the proposed IPA,
then the IPA will be effective as described in paragraph (f)(12)(iv)(B) of
this section.
(4) Pending appeal. While appeal of an
IAD disapproving a proposed IPA is
pending, proposed members of the IPA
subject to the IAD that are not currently members of an approved IPA
will fish under the opt-out allocation
under paragraph (f)(5) of this section. If
no other IPA has been approved by
NMFS, NMFS will issue all sectors allocations of the 47,591 Chinook salmon
PSC limit as described in paragraph
(f)(3)(iii)(C) of this section, or, in low
Chinook salmon abundance years, allocations of the 33,318 Chinook salmon
PSC limit as described in paragraph
(f)(3)(iii)(D) of this section.
(vi) Public release of an IPA. NMFS
will make all proposed IPAs and all approved IPAs and the list of participants

708

Fishery Conservation and Management
in each approved IPA available to the
public on the NMFS Alaska Region
Web site
(http://alaskafisheries.noaa.gov/).
(13) IPA Annual Report. The representative of each approved IPA must
submit a written annual report to the
Council at the address specified in
§ 679.61(f). The Council will make the
annual report available to the public.
(i) Submission deadline. The IPA Annual Report must be received by the
Council no later than March 15.
(ii) Information requirements. The IPA
Annual Report must contain the following information:
(A) A comprehensive description of
the incentive measures, including the
rolling hot spot program and salmon
excluder use, in effect in the previous
year;
(B) A description of how these incentive measures affected individual vessels;
(C) An evaluation of whether incentive measures were effective in achieving salmon savings beyond levels that
would have been achieved in absence of
the measures, including the effectiveness of—
(1) Measures to ensure that chum
salmon were avoided in areas and at
times where chum salmon are likely to
return to western Alaska;
(2) Restrictions or penalties that target vessels that consistently have significantly higher Chinook salmon PSC
rates relative to other vessels; and
(3) Restrictions or performance criteria used to ensure that Chinook PSC
rates in October are not significantly
higher than in previous months.
(D) A description of any amendments
to the terms of the IPA that were approved by NMFS since the last annual
report and the reasons that the amendments to the IPA were made.
(E) The sub-allocation to each participating vessel of the number of Chinook salmon PSC and amount of pollock (mt) at the start of each fishing
season, and number of Chinook salmon
PSC and amount of pollock (mt)
caught at the end of each season.
(F) The following information on inseason transfer of Chinook salmon PSC
and pollock among AFA cooperatives,
entities eligible to receive Chinook

§ 679.21
salmon PSC allocations, or CDQ
groups:
(1) Date of transfer;
(2) Name of transferor;
(3) Name of transferee;
(4) Number of Chinook salmon PSC
transferred; and
(5) Amount of pollock (mt) transferred.
(G) The following information on inseason transfers among vessels participating in the IPA:
(1) Date of transfer;
(2) Name of transferor;
(3) Name of transferee;
(4) Number of Chinook salmon PSC
transferred; and
(5) Amount pollock (mt) transferred.
(14) Non-Chinook salmon prohibited
species catch (PSC) limit and Chum Salmon Savings Area. (i) The PSC limit for
non-Chinook salmon caught by vessels
using trawl gear from August 15
through October 14 in the Catcher Vessel Operational Area, as defined under
§ 679.22(a)(5) and in Figure 2 to this
part, is 42,000 fish.
(ii) 10.7 percent of the non-Chinook
PSC limit is allocated to the CDQ Program as a PSQ reserve.
(iii) If the Regional Administrator
determines that 42,000 non-Chinook
salmon have been caught by vessels
using trawl gear during the period August 15 through October 14 in the
Catcher Vessel Operational Area,
NMFS will prohibit fishing for pollock
for the remainder of the period September 1 through October 14 in the
Chum Salmon Savings Area as defined
in Figure 9 to this part.
(iv) Trawl vessels participating in directed fishing for pollock and operating under an IPA approved by NMFS
under paragraph (f)(12) of this section
are exempt from closures in the Chum
Salmon Savings Area.
(15) Salmon handling. Regulations in
this paragraph apply to vessels directed fishing for pollock in the BS, including pollock CDQ, and processors
taking deliveries from these vessels.
(i) Salmon discard. The operator of a
vessel and the manager of a shoreside
processor or SFP must not discard any
salmon or transfer or process any salmon under the PSD Program at § 679.26 if
the salmon were taken incidental to a
directed fishery for pollock in the BS

709

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

until the number of salmon has been
determined by the observer and the observer’s collection of any scientific
data or biological samples from the
salmon has been completed.
(ii) Salmon retention and storage. (A)
Operators of catcher/processors or
motherships must—
(1) Sort and transport all salmon bycatch from each haul to an approved
storage container located adjacent to
the observer sampling station that allows an observer free and unobstructed
access to the salmon (see § 679.28(d)(2)(i)
and (d)(7)). The salmon storage container must remain in view of the observer from the observer sampling station at all times during the sorting of
the haul.
(2) If, at any point during sorting of
a haul or delivery, the salmon are too
numerous to be contained in the salmon storage container, cease all sorting
and give the observer the opportunity
to count the salmon in the storage container and collect scientific data or biological samples. Once the observer has
completed all counting and sampling
duties for the counted salmon, the
salmon must be removed by vessel personnel from the approved storage container and the observer sampling station, in the presence of the observer.
(3) Before sorting of the next haul
may begin, give the observer the opportunity to complete the count of salmon
and the collection of scientific data or
biological samples from the previous
haul. When the observer has completed
all counting and sampling duties for a
haul or delivery, vessel personnel must
remove the salmon, in the presence of
the observer, from the salmon storage
container and the observer sampling
station.
(4) Ensure no salmon of any species
pass the observer sample collection
point, as identified in the scale drawing
of the observer sampling station (see
§ 679.28(d)(2)(i) and (d)(7)).
(B) Operators of vessels delivering to
shoreside processors or stationary
floating processors must—
(1) Retain all salmon taken incidental to a directed fishery for pollock
in the BS until the salmon are delivered to the processor receiving the vessel’s BS pollock catch.

(2) Notify the observer at least 15
minutes before handling catch on board
the vessel, including, but not limited
to, moving catch from one location to
another, sorting, or discard of catch
prior to the delivery of catch to the
processor receiving the vessel’s BS pollock catch. This notification requirement is in addition to the notification
requirements in § 679.51(e).
(3) Secure all salmon and catch after
the observer has completed the collection of scientific data and biological
samples and after the vessel crew has
completed handling the catch. All
salmon and any other catch retained
on board the vessel must be made unavailable for sorting and discard until
the delivery of catch to the processor
receiving the vessel’s BS pollock catch.
Methods to make salmon or retained
catch unavailable for sorting or discard
include but are not limited to securing
the catch in a completely enclosed container above or below deck, securing
the catch in an enclosed codend, or
completely and securely covering the
fish on deck.
(4) Comply with the requirements in
paragraphs (f)(15)(ii)(B)(2) and (3) of
this section, before handling the catch
prior to delivery.
(C) Shoreside processors or stationary floating processors must—
(1) Comply with the requirements in
§ 679.28(g)(7)(vii) for the receipt, sorting, and storage of salmon from deliveries of catch from the BS pollock fishery.
(2) Ensure no salmon of any species
pass beyond the last point where sorting of fish occurs, as identified in the
scale drawing of the plant in the Catch
Monitoring Control Plan (CMCP).
(3) Sort and transport all salmon of
any species to the salmon storage container identified in the CMCP (see
§ 679.28 (g)(7)(vi)(C) and (g)(7)(x)(F)).
The salmon must remain in that salmon storage container and within the
view of the observer at all times during
the offload.
(4) If, at any point during the offload,
salmon are too numerous to be contained in the salmon storage container,
cease the offload and all sorting and
give the observer the opportunity to
count the salmon and collect scientific

710

Fishery Conservation and Management
data or biological samples. The counted salmon then must be removed from
the area by plant personnel in the presence of the observer.
(5) At the completion of the offload,
give the observer the opportunity to
count the salmon and collect scientific
data or biological samples.
(6) Before sorting of the next offload
of catch from the BS pollock fishery
may begin, give the observer the opportunity to complete the count of salmon
and the collection of scientific data or
biological samples from the previous
offload of catch from the BS pollock
fishery. When the observer has completed all counting and sampling duties
for the offload, plant personnel must
remove the salmon, in the presence of
the observer, from the salmon storage
container and location where salmon
are counted and biological samples or
scientific data are collected.
(iii) Assignment of crew to assist observer. Operators of vessels and managers of shoreside processors and SFPs
that are required to retain salmon
under paragraph (f)(15)(i) of this section must designate and identify to the
observer aboard the vessel, or at the
shoreside processor or SFP, a crew person or employee responsible for ensuring all sorting, retention, and storage
of salmon occurs according to the requirements of (f)(15)(ii) of this section.
(iv) Discard of salmon. Except for
salmon under the PSD Program at
§ 679.26, all salmon must be returned to
the sea as soon as is practicable, following notification by an observer that
the number of salmon has been determined and the collection of scientific
data or biological samples has been
completed.
(g) Chinook salmon bycatch management in the AI pollock fishery—(1) Applicability. This paragraph contains regulations governing the bycatch of Chinook salmon in the AI pollock fishery.
(2) AI Chinook salmon PSC limit. (i)
The PSC limit for Chinook salmon
caught by vessels while harvesting pollock in the AI is 700 fish.
(ii) 7.5 percent of the PSC limit is allocated to the CDQ Program as a PSQ
reserve.
(3) Area closures. If, during the fishing
year, the Regional Administrator determines that catch of Chinook salmon

§ 679.21
by vessels using trawl gear while directed fishing for pollock in the AI will
reach the PSC limit, NMFS, by notification in the FEDERAL REGISTER, will
close the AI Chinook Salmon Savings
Area, as defined in Figure 8 to this
part, to directed fishing for pollock
with trawl gear on the following dates:
(i) From the effective date of the closure until April 15, and from September
1 through December 31, if the Regional
Administrator determines that the annual limit of AI Chinook salmon will
be attained before April 15.
(ii) From September 1 through December 31, if the Regional Administrator determines that the annual
limit of AI Chinook salmon will be attained after April 15.
(h) GOA Chinook Salmon PSC Management—(1) Applicability. Regulations in
this paragraph apply to trawl vessels
participating in the directed fishery for
groundfish in the Western and Central
reporting areas of the GOA and processors receiving deliveries from these
vessels.
(2) GOA Chinook salmon PSC limits for
the pollock sectors (fisheries). (i) The annual PSC limit for vessels participating in the directed fishery for pollock in the Western reporting area of
the GOA is 6,684 Chinook salmon.
(ii) The annual PSC limit for vessels
participating in the directed fishery for
pollock in the Central reporting area of
the GOA is 18,316 Chinook salmon.
(3) GOA non-pollock trawl sectors. For
the purposes of accounting for the annual Chinook salmon PSC limits at
paragraph (h)(4)(i) of this section, the
non-pollock trawl sectors are:
(i) Trawl catcher/processor sector. The
Trawl catcher/processor sector is any
catcher/processor vessel fishing for
groundfish, other than pollock, with
trawl gear in the Western or Central
GOA reporting area and processing
that groundfish at sea;
(ii) Rockfish Program catcher vessel sector. The Rockfish Program catcher vessel sector is any catcher vessel fishing
for groundfish, other than pollock,
with trawl gear in the Western or Central reporting area of the GOA and operating under the authority of a Central GOA Rockfish Program CQ permit
assigned to the catcher vessel sector;
and

711

§ 679.21

50 CFR Ch. VI (10–1–23 Edition)

(iii) Non-Rockfish Program catcher vessel sector. The Non-Rockfish Program
catcher vessel sector is any catcher
vessel fishing for groundfish, other
than pollock, with trawl gear in the
Western or Central reporting area of
the GOA and not operating under the
authority of a Central GOA Rockfish

Program CQ permit assigned to the
catcher vessel sector.
(4) GOA Chinook salmon PSC limits for
non-pollock trawl fisheries. (i) The annual Chinook salmon PSC limits in the
Western and Central reporting areas of
the GOA for the sectors defined in
paragraph (h)(3) of this section are as
follows:

For the following sectors defined in § 679.21(h)(3) . . .

(A) Trawl catcher/processor sector .......................................................

The total Chinook salmon
PSC limit in each
calendar year is
. . .

Unless, the use
of the Chinook
salmon PSC limit
for that sector in
a calendar year
does not exceed
. . .

If so, in the
following calendar year, the
Chinook salmon
PSC limit for that
sector will be
. . .

3,600

3,120

4,080

(B) Rockfish Program catcher vessel sector ........................................

1,200

(C) Non-Rockfish Program catcher vessel sector ................................

2,700

(ii) For the Trawl catcher/processor
sector defined in paragraph (h)(3)(i) of
this section:
(A) The seasonal PSC limit prior to
June 1 is 2,376 Chinook salmon if the
annual Chinook salmon PSC limit is
3,600. The seasonal PSC limit prior to
June 1 is 2,693 Chinook salmon if the
annual Chinook salmon PSC limit is
4,080.
(B) The number of Chinook salmon
PSC available on June 1 through the
remainder of the calendar year is the
annual Chinook salmon PSC limit
specified for the Trawl catcher/processor sector minus the number of Chinook salmon used by that sector prior
to June 1 and any Chinook salmon PSC
limit reapportioned to another sector
specified at paragraph (h)(5)(iii) of this
section prior to June 1.
(5) Inseason reapportionment of Chinook salmon PSC limits. (i) On October 1,
the Regional Administrator may reallocate any unused Chinook salmon
PSC available to the Rockfish Program
catcher vessel sector, defined in paragraph (h)(3)(ii) of this section, in excess
of 150 Chinook salmon to the NonRockfish Program catcher vessel sector, but not to exceed the Non-Rockfish Program catcher vessel sector’s
limit on Chinook salmon PSC reapportionment as defined in paragraph
(h)(5)(iv)(D) of this section.
(ii) On November 15, the Regional Administrator may reallocate all remain-

N/A
2,340

3,060

ing Chinook salmon PSC available to
the Rockfish Program catcher vessel
sector, defined in paragraph (h)(3)(ii) of
this section, to the Non-Rockfish Program catcher vessel sector, but not to
exceed the Non-Rockfish Program
catcher vessel sector’s limit on Chinook salmon PSC reapportionment as
defined in paragraph (h)(5)(iv)(D) of
this section.
(iii) Any Chinook salmon PSC limit
in paragraphs (h)(2) or (h)(4) of this section projected by the Regional Administrator to be unused during the remainder of the fishing year may be reapportioned subject to the Chinook
salmon PSC limits in paragraphs
(h)(5)(iv)(A) through (D) of this section
for the remainder of the fishing year.
NMFS will publish notification in the
FEDERAL REGISTER announcing any
Chinook salmon PSC limit reapportionments in the GOA.
(iv) On an annual basis, NMFS shall
not reapportion an amount of unused
Chinook salmon PSC greater than the
following amounts:
(A) 3,342 Chinook salmon to vessels
participating in the directed fishery for
pollock in the Western reporting area
of the GOA;
(B) 9,158 Chinook salmon to vessels
participating in the directed fishery for
pollock in the Central reporting area of
the GOA;

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Fishery Conservation and Management
(C) 600 Chinook salmon to the Rockfish Program catcher vessel sector defined in paragraph (h)(3)(ii) of this section; and
(D) 1,350 Chinook salmon to the NonRockfish Program catcher vessel sector
defined in paragraph (h)(3)(iii) of this
section.
(6) Salmon retention. (i) The operator
of a vessel, including but not limited to
a catcher vessel or tender, must retain
all salmon until delivered to a processing facility.
(ii) The operator of a catcher/processor or the owner and manager of a
shoreside processor or SFP receiving
groundfish deliveries from trawl vessels must retain all salmon until the
number of salmon by species has been
accurately recorded in the eLandings
at-sea production report or eLandings
groundfish landing report.
(iii) The owner and manager of a
shoreside processor or SFP receiving
pollock deliveries must, if an observer
is present, retain all salmon until the
observer is provided the opportunity to
count the number of salmon and collect scientific data or biological samples from the salmon.
(iv) The operator of a catcher/processor must retain all salmon until an
observer is provided the opportunity to
collect scientific data or biological
samples from the salmon.
(7) Salmon discard. Except for salmon
under the PSD program defined in
§ 679.26, all salmon must be discarded
after the requirements at paragraph
(h)(6)(ii) or (h)(6)(iii) of this section
have been met.
(8) GOA Chinook salmon PSC closures.
If, during the fishing year, the Regional Administrator determines that:
(i) Vessels participating in the directed fishery for pollock in the Western reporting area or Central reporting
area of the GOA will reach the applicable Chinook salmon PSC limit specified
for that reporting area under paragraph (h)(2) of this section or the applicable limit following any reapportionment under paragraph (h)(5) of this section, NMFS will publish notification in
the FEDERAL REGISTER closing the applicable regulatory area to directed
fishing for pollock;
(ii) Vessels in a sector defined in
paragraph (h)(3) of this section will

§ 679.22
reach the applicable Chinook salmon
PSC limit specified for that sector
under paragraph (h)(4)(i) of this section
or the applicable limit following any
reapportionment
under
paragraph
(h)(5) of this section, NMFS will publish notification in the FEDERAL REGISTER closing directed fishing for all
groundfish species, other than pollock,
with trawl gear in the Western and
Central reporting areas of the GOA for
that sector; or
(iii) Vessels in the Trawl catcher/
processor sector defined in paragraph
(h)(3)(i) of this section will reach the
seasonal Chinook salmon PSC limit
specified at paragraph (h)(4)(ii)(A) of
this section prior to June 1, NMFS will
publish notification in the FEDERAL
REGISTER closing directed fishing for
all groundfish species, other than pollock, with trawl gear in the Western
and Central reporting areas of the GOA
for all vessels in the Trawl catcher/
processor sector until June 1. Directed
fishing for groundfish species, other
than pollock will reopen on June 1 for
the Trawl catcher/processor sector defined in paragraph (h)(3)(i) of this section with the Chinook salmon PSC
limit
determined
at
paragraph
(h)(4)(ii)(B) of this section unless
NMFS determines that the amount of
Chinook salmon PSC available to the
sector is insufficient to allow the sector to fish and not exceed its annual
Chinook salmon PSC limit.
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.21, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.22 Closures.
(a) BSAI—(1) Zone 1 (512) closure to
trawl gear. No fishing with trawl gear is
allowed at any time in reporting Area
512 of Zone 1 in the Bering Sea subarea.
(2) Zone 1 (516) closure to trawl gear.
No fishing with trawl gear is allowed at
any time in reporting Area 516 of Zone
1 in the Bering Sea Subarea during the
period March 15 through June 15.
(3) Red King Crab Savings Area
(RKCSA). Directed fishing for groundfish by vessels using trawl gear other
than pelagic trawl gear is prohibited at
all times, except as provided at

713

§ 679.22

50 CFR Ch. VI (10–1–23 Edition)

§ 679.21(e)(3)(ii)(B), in that part of the
Bering Sea subarea defined as RKCSA
in Figure 11 to this part.
(4) Walrus protection areas. (i) From
April 1 through September 30 of each
calendar year, vessels designated on a
Federal fisheries permit issued under
§ 679.4 are prohibited from deploying
fishing gear in that part of the Bering
Sea subarea between 3 and 12 nm seaward of the baseline used to measure
the territorial sea around islands
named Round Island and The Twins, as
shown on National Ocean Survey Chart
16315, and around Cape Peirce (58°33′ N.
lat., 161°43′ W. long.).
(ii) From April 1 through September
30 of each calendar year, vessels designated on a Federal fisheries permit
issued under § 679.4 are prohibited in
that part of the Bering Sea subarea between 3 and 12 nm seaward of the baseline used to measure the territorial sea
around islands named Round Island
and The Twins, as shown on National
Ocean Survey Chart 16315, and around
Cape Peirce (58°33′ N. lat., 161°43′ W.
long.), except that from April 1
through August 15 of each calendar
year vessels designated on a Federal
fisheries permit are not prohibited
from entering and transiting through
waters off:
(A) Round Island, north of a straight
line connecting 58°47.90′ N. lat./160°21.91′
W. long., and 58°32.94′ N. lat./159°35.45′
W. long.; and
(B) Cape Peirce, east of a straight
line connecting 58°30.00′ N. lat./161°46.20′
W. long., and 58°21.00′ N. lat./161°46.20′
W. long.
(5) Catcher Vessel Operational Area
(CVOA)—(i) Definition. The CVOA is defined as that part of the BSAI that is
south of 56°00′ N lat. and between 163°00′
W long. and 167°30′ W long., and north
of the Aleutian Islands (Figure 2 to
part 679).
(ii) Catcher/processor restrictions. A
catcher/processor vessel authorized to
fish for BSAI pollock under § 679.4 is
prohibited from conducting directed
fishing for pollock in the CVOA during
the B pollock season defined at
§ 679.23(e)(2)(ii), unless it is directed
fishing for Pollock CDQ.
(6) Pribilof Islands Habitat Conservation Zone. Directed fishing for groundfish using trawl gear or pot gear, or

fishing for halibut using pot gear, is
prohibited at all times in the area defined in Figure 10 to this part as the
Pribilof Islands Habitat Conservation
Zone.
(7) Steller sea lion protection areas, Bering Sea reporting areas—(i) Bogoslof
area—(A) Boundaries. The Bogoslof area
consists of all waters of area 518 as described in Figure 1 of this part south of
a straight line connecting 55°00′ N lat./
170°00′ W long., and 55°00′ N lat./
168°11′4.75′ W long.;
(B) Fishing prohibition. All waters
within the Bogoslof area are closed to
directed fishing for pollock, Pacific
cod, and Atka mackerel by vessels
named on a Federal Fisheries Permit
under § 679.4(b), except as provided in
paragraph (a)(7)(i)(C) of this section.
(C) Bogoslof Pacific cod exemption area.
(1) All catcher vessels less than 60 ft
(18.3 m) LOA using jig or hook-and-line
gear for directed fishing for Pacific cod
are exempt from the Pacific cod fishing
prohibition as described in paragraph
(a)(7)(i)(B) of this section in the portion of the Bogoslof area south of a line
connecting a point 3 nm north of
Bishop Point (54°01′25″ N lat./166°57′00″
W long.) to Cape Tanak (53°33′50″ N lat./
168°00′00″ W long.), not including waters
of the Bishop Point Pacific cod fishing
closures as described in Table 5 of this
part.
(2) If the Regional Administrator determines that 113 mt of Pacific cod
have been caught by catcher vessels
less than 60 ft (18.3 m) LOA using jig or
hook-and-line gear in the exemption
area
described
in
paragraph
(a)(7)(i)(C)(1) of this section, the Regional Administrator will prohibit directed fishing for Pacific cod by catcher vessels less than 60 ft (18.3 m) LOA
using jig or hook-and-line gear in the
exemption area by notification published in the FEDERAL REGISTER.
(ii) Bering Sea Pollock Restriction
Area—(A) Boundaries. The Bering Sea
Pollock Restriction Area consists of all
waters of the Bering Sea subarea south
of a line connecting the points 163°0′00″
W long./55°46′30″ N lat., 165°08′00″ W
long./54°42′9″ N lat., 165°40′00″ W long./
54°26′30″ N lat., 166°12′00″ W long./
54°18′40″ N lat., and 167°0′00″ W long./
54°8′50″ N lat.

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Fishery Conservation and Management
(B) Fishing prohibition. All waters
within the Bering Sea Pollock Restriction Area are closed during the A season, as defined at § 679.23(e)(2), to directed fishing for pollock by vessels
named on a Federal Fisheries Permit
under § 679.4(b).
(iii) Groundfish closures. Directed
fishing for groundfish by vessels named
on a Federal Fisheries Permit under
§ 679.4(b) is prohibited within 3 nm of
selected sites. These sites are listed in
Table 12 of this part and are identified
by ‘‘Bering Sea’’ in column 2.
(iv) Pollock closures. Directed fishing
for pollock by vessels named on a Federal Fisheries Permit under § 679.4(b) is
prohibited within pollock no-fishing
zones around selected sites. These sites
are listed in Table 4 of this part and
are identified by ‘‘Bering Sea’’ in column 2.
(v) Pacific cod closures. Directed fishing for Pacific cod by vessels named on
a Federal Fisheries Permit under
§ 679.4(b) and using trawl, hook-andline, or pot gear is prohibited within
the Pacific cod no-fishing zones around
selected sites. These sites and gear
types are listed in Table 5 of this part
and are identified by ‘‘BS’’ in column 2.
(vi) Atka mackerel closures. Directed
fishing for Atka mackerel by vessels
named on a Federal Fisheries Permit
under § 679.4(b) and using trawl gear is
prohibited within the Bering Sea reporting areas.
(vii) Steller sea lion conservation area
(SCA)—(A) General. Directed fishing for
pollock by vessels catching pollock for
processing by the inshore component,
catcher/processors in the offshore component, motherships in the offshore
component, or directed fishing for CDQ
pollock, is prohibited within the SCA
until April 1 when the Regional Administrator announces, by notification in
the FEDERAL REGISTER, that the criteria set out in paragraph (a)(7)(vii)(C)
of this section have been met by that
industry component.
(B) Boundaries. The SCA consists of
the area of the Bering Sea subarea between 170°00′ W long. and 163°00′ W
long., south of straight lines connecting the following points in the
order listed:
55°00′ N lat. 170°00′ W long.;
55°00′ N lat. 168°00′ W long.;

§ 679.22
55°30′ N lat. 168°00′ W long.;
55°30′ N lat. 166°00′ W long.;
56°00′ N lat. 166°00′ W long.; and,
56°00′ N lat. 163°00′ W long.
(C) Criteria for closure—(1) General.
The directed fishing closures identified
in paragraph (a)(7)(vii)(A) of this section will take effect when the Regional
Administrator determines that the
harvest limit for pollock within the
SCA, as specified in § 679.20(a)(5)(i)(C) is
reached before April 1. The Regional
Administrator shall prohibit directed
fishing for pollock in the SCA by notification published in the FEDERAL REGISTER.
(2) Inshore catcher vessels greater than
99 ft (30.2 m) LOA. The Regional Administrator will prohibit directed fishing
for pollock by vessels greater than 99 ft
(30.2 m) LOA, catching pollock for
processing by the inshore component
before reaching the inshore SCA harvest limit before April 1 to accommodate fishing by vessels less than or
equal to 99 ft (30.2 m) inside the SCA
until April 1. The Regional Administrator will estimate how much of the
inshore seasonal allowance is likely to
be harvested by catcher vessels less
than or equal to 99 ft (30.2 m) LOA and
reserve a sufficient amount of the
inshore SCA allowance to accommodate fishing by such vessels after the
closure of the SCA to inshore vessels
greater than 99 ft (30.2 m) LOA. The Regional Administrator will prohibit directed fishing for all inshore catcher
vessels within the SCA when the harvest limit specified in § 679.20(a)(5)(i)(C)
has been met before April 1.
(8) Steller sea lion protection areas,
Aleutian Islands reporting areas—(i)
Seguam Foraging area. (A) The Seguam
foraging area is all waters within the
area between 52° N lat. and 53° N lat.
and between 173°30′ W long. and 172°30′
W long.
(B) Directed fishing for pollock, Pacific cod, and Atka mackerel by vessels
named on a Federal Fisheries Permit
under § 679.4(b) is prohibited in the
Seguam Foraging area as described in
paragraph (a)(8)(i)(A) of this section.
(ii) Pollock Closure. Directed fishing
for pollock by vessels named on a Federal Fisheries Permit under § 679.4(b) is
prohibited within the pollock no-fishing zones around selected sites. These

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§ 679.22

50 CFR Ch. VI (10–1–23 Edition)

sites are listed in Table 4 of this part
and are identified by ‘‘Aleutian I.’’ in
column 2.
(iii) Groundfish closures. Directed
fishing for groundfish by vessels named
on a Federal Fisheries Permit under
§ 679.4(b) is prohibited within 3 nm of
selected sites. These sites are listed in
Table 12 of this part and are identified
by ‘‘Aleutian Islands’’ in column 2.
(iv) Pacific cod closures. Directed fishing for Pacific cod required to be deducted from the Federal TAC specified
at § 679.20 by vessels named on a Federal Fisheries Permit under § 679.4(b)
using trawl, hook-and-line, or pot gear
is prohibited within Pacific cod nofishing zones around selected sites.
These sites and gear types are described in Table 5 of this part and its
footnotes and are identified by ‘‘AI’’ in
column 2.
(v) Atka mackerel closures. Directed
fishing for Atka mackerel by vessels
named on a Federal Fisheries Permit
under § 679.4(b) and using trawl gear is
prohibited within Atka mackerel nofishing zones around selected sites.
These sites are listed in Table 6 of this
part and are identified by ‘‘Aleutian Islands’’ in column 2.
(9) Nearshore Bristol Bay Trawl Closure. Directed fishing for groundfish by
vessels using trawl gear in Bristol Bay,
as described in the current edition of
NOAA chart 16006, is closed at all times
in the area east of 162°00′ W. long., except that the Nearshore Bristol Bay
Trawl Area defined in Figure 12 to this
part is open to trawling from 1200 hours
A.l.t., April 1 to 1200 hours A.l.t., June
15 of each year.
(10) Chum Salmon Savings Area. Directed fishing for pollock by vessels
using trawl gear is prohibited from August 1 through August 31 in the Chum
Salmon Savings Area defined at Figure
9 to this part (see also § 679.21(f)(14)).
Vessels directed fishing for pollock in
the BS, including pollock CDQ, and operating under an approved IPA under
§ 679.21(f)(12) are exempt from closures
in the Chum Salmon Savings Area.
(11) [Reserved]
(12) Alaska Seamount Habitat Protection Areas. No federally permitted vessel may fish with bottom contact gear
in the Alaska Seamount Habitat Pro-

tection Areas, as described in Table 22
to this part.
(13) Aleutian Islands Coral Habitat Protection Areas. No federally permitted
vessel may fish with bottom contact
gear in the Aleutian Islands Coral
Habitat Protection Areas, as described
in Table 23 to this part.
(14) Aleutian Islands Habitat Conservation Area. Except within those areas
identified as opened to nonpelagic
trawl gear fishing in Table 24 to this
part, no federally permitted vessel may
fish with nonpelagic trawl gear in the
Aleutian Islands Habitat Conservation
Area, as described in Table 24 to this
part.
(15) Bowers Ridge Habitat Conservation
Zone. No federally permitted vessel
may fish with mobile bottom contact
gear in the Bowers Ridge Habitat Conservation Zone, as described in Table 25
to this part.
(16) Bering Sea Habitat Conservation
Area. No federally permitted vessel
may fish with nonpelagic trawl gear in
the Bering Sea Habitat Conservation
Area specified at Table 42 and Figure 16
to this part.
(17) Northern Bering Sea Research
Area. No federally permitted vessel
may fish with nonpelagic trawl gear in
the Northern Bering Sea Research Area
specified at Table 43 and Figure 17 to
this part.
(18) Nunivak Island, Etolin Strait, and
Kuskokwim Bay Habitat Conservation
Area. No federally permitted vessel
may fish with nonpelagic trawl gear in
the Nunivak Island, Etolin Strait, and
Kuskokwim Bay Habitat Conservation
Area specified at Table 44 and Figure 21
to this part.
(19) St. Lawrence Island Habitat Conservation Area. No federally permitted
vessel may fish with nonpelagic trawl
gear in the St. Lawrence Island Habitat Conservation Area specified at
Table 45 to this part.
(20) St. Matthew Island Habitat Conservation Area. No federally permitted
vessel may fish with nonpelagic trawl
gear in the St. Matthew Island Habitat
Conservation Area specified at Table 46
to this part.
(21) Modified Gear Trawl Zone. No vessel required to be federally permitted
may fish with nonpelagic trawl gear in
the Modified Gear Trawl Zone specified

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Fishery Conservation and Management
at Table 51 to this part, except for federally permitted vessels that are directed fishing for groundfish using
modified nonpelagic trawl gear that
meets the standards at § 679.24(f).
(b) GOA—(1) Kodiak Island, trawls
other than pelagic trawls—(i) Type I closures. No person may trawl in waters of
the EEZ within the vicinity of Kodiak
Island, as shown in Figure 5 to this
part as Type I areas, from a vessel having any trawl other than a pelagic
trawl either attached or on board.
(ii) Type II closures. From February 15
to June 15, no person may trawl in
waters of the EEZ within the vicinity
of Kodiak Island, as shown in Figure 5
to this part as Type II areas, from a
vessel having any trawl other than a
pelagic trawl either attached or on
board.
(iii) Type III closures. Type III areas
are open unless otherwise closed to
trawling.
(2) Steller sea lion protection areas—(i)
Groundfish closures. Directed fishing for
groundfish by vessels named on a Federal Fisheries Permit under § 679.4(b) is
prohibited within 3 nm of selected
sites. These sites are listed in Table 12
of this part and are identified by ‘‘Gulf
of Alaska’’ in column 2.
(ii) Pollock closures. Directed fishing
for pollock by vessels named on a Federal Fisheries Permit under § 679.4(b) is
prohibited within pollock no-fishing
zones around selected sites. These sites
are listed in Table 4 of this part and
are identified by ‘‘Gulf of Alaska’’ in
column 2.
(iii) Pacific cod closures. Directed fishing for Pacific cod by vessels named on
a Federal Fisheries Permit under
§ 679.4(b) and using trawl, hook-andline, or pot gear in the federally managed Pacific cod or State of Alaska
parallel groundfish fisheries, as defined
in Alaska Administrative Code (5 AAC
28.087(c), January 3, 2002), is prohibited
within Pacific cod no-fishing zones
around selected sites. These sites and
gear types are listed in Table 5 of this
part and are identified by ‘‘GOA’’ in
column 2.
(iv) Atka mackerel closure. Directed
fishing for Atka mackerel by vessels
named on a Federal Fisheries Permit
under § 679.4(b) within the Gulf of Alaska subarea is prohibited at all times.

§ 679.22
(3) Marmot Bay Tanner Crab Protection
Area. No federally permitted vessel
may fish with trawl gear in the
Marmot Bay Tanner Crab Protection
Area, as described in Figure 5 to this
part, except federally permitted vessels
directed fishing for pollock using pelagic trawl gear.
(4) Southeast Outside District, gear
other than nontrawl. Use of any gear
other than nontrawl gear is prohibited
at all times in Southeast Outside District defined at Figure 3 to this part.
(5) Sitka Pinnacles Marine Reserve. (i)
No FFP holder may fish for groundfish
in the Sitka Pinnacles Marine Reserve,
and no vessel named on an FFP may be
anchored in the Sitka Pinnacles Marine Reserve, as described in Figure 18
to this part.
(ii) No person fishing under an IFQ
halibut permit may fish for halibut and
no person fishing under an IFQ sablefish permit may fish for sablefish in
the Sitka Pinnacles Marine Reserve;
and no vessel with an IFQ permit holder or IFQ hired master permit holder
onboard may be anchored in the Sitka
Pinnacles Marine Reserve, as described
in Figure 18 to this part.
(6) [Reserved]
(7) Cook Inlet. No person may use a
non-pelagic trawl in waters of the EEZ
of Cook Inlet north of a line from Cape
Douglas (58°51.10′ N. lat.) to Point
Adam (59°15.27′ N. lat.).
(8) Alaska Seamount Habitat Protection
Areas. No federally permitted vessel
may fish with bottom contact gear in
the Alaska Seamount Habitat Protection Areas, as described in Table 22 to
this part.
(9) Gulf of Alaska Coral Habitat Protection Areas. No federally permitted vessel may fish with bottom contact gear
in the Gulf of Alaska Coral Habitat
Protection Areas, as described in Table
26 to this part.
(10) Gulf of Alaska Slope Habitat Conservation Areas. No federally permitted
vessel may fish with nonpelagic trawl
gear in the Gulf of Alaska Slope Habitat Conservation Areas, as described in
Table 27 to this part.
(c) Directed fishing closures. See
§ 679.20(d) and § 679.20(i).
(d) Groundfish as prohibited species closures. See § 679.20(d).
(e) Overfishing closures. See § 679.20(d).

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§ 679.23

50 CFR Ch. VI (10–1–23 Edition)

(f) Prohibited species closures. See
§ 679.21.
(g) [Reserved]
(h) CDQ fisheries closures. See
§ 679.7(d)(5) for time and area closures
that apply to the CDQ fisheries once
the non-Chinook salmon PSQ and crab
PSQ amounts have been reached.
(i) Forage fish, grenadiers, squids, and
sculpins closures. See § 679.20(i)(3).
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.22, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.23 Seasons.
(a) Groundfish, general. Fishing for
groundfish in the GOA and BSAI is authorized from 0001 hours, A.l.t., January 1, through 2400 hours, A.l.t., December 31, subject to the other provisions of this part, except as provided in
paragraph (c) of this section.
(b) Time of groundfish openings and
closures. The time of all openings and
closures of fishing seasons, other than
the beginning and end of the calendar
fishing year, is 1200 hours, A.l.t.
(c) GOA and BSAI trawl groundfish.
Notwithstanding other provisions of
this part, fishing for groundfish with
trawl gear in the GOA and BSAI is prohibited from 0001 hours, A.l.t., January
1, through 1200 hours, A.l.t., January
20.
(d) GOA groundfish seasons—(1) Directed fishing for trawl rockfish. Directed
fishing for rockfish with trawl gear is
authorized from 1200 hours, A.l.t., on
the first day of the third quarterly reporting period of a fishing year
through 2400 hours, A.l.t., December 31,
subject to other provisions of this part.
(2) Directed fishing for pollock. Subject
to other provisions of this part, directed fishing for pollock in the Western and Central Regulatory Areas is
authorized only during the following
two seasons:
(i) A season. From 1200 hours, A.l.t.,
January 20 through 1200 hours, A.l.t.,
May 31; and
(ii) B season. From 1200 hours, A.l.t.,
September 1 through 1200 hours, A.l.t.,
November 1.
(3) Directed fishing for Pacific cod—(i)
Hook-and-line or pot gear. Subject to

other provisions of this part, directed
fishing for Pacific cod with hook-andline or pot gear in the Western and
Central GOA Regulatory Areas is authorized only during the following two
seasons:
(A) A season. From 0001 hours, A.l.t.,
January 1 through 1200 hours, A.l.t.,
June 10; and
(B) B season. From 1200 hours, A.l.t.,
September 1 through 2400 hours, A.l.t.,
December 31.
(ii) Trawl gear. Subject to other provisions of this part, directed fishing for
Pacific cod with trawl gear in the
Western and Central Regulatory Areas
is authorized only during the following
two seasons except as authorized in
Subpart G of this Section under the
Rockfish Program:
(A) A season. From 1200 hours, A.l.t.,
January 20 through 1200 hours, A.l.t.,
June 10; and
(B) B season. From 1200 hours, A.l.t.,
September 1 through 1200 hours, A.l.t.,
November 1.
(iii) Jig gear. Subject to other provisions of this part, directed fishing for
Pacific cod with jig gear in the Western
and Central GOA Regulatory Areas is
authorized only during the following
two seasons:
(A) A season. From 0001 hours, A.l.t.,
January 1 through 1200 hours, A.l.t.,
June 10 or when the jig A season allocation is reached, whichever occurs
first;
(B) B season. From 1200 hours, A.l.t.,
June 10 through 2400 hours, A.l.t., December 31 or when the jig B season allocation is reached, whichever occurs
first.
(e) BSAI groundfish seasons—(1) Directed fishing for arrowtooth flounder,
Kamchatka flounder, and Greenland
turbot. Directed fishing for arrowtooth
flounder, Kamchatka flounder, and
Greenland turbot in the BSAI is authorized from 1200 hours, A.l.t., May 1
through 2400 hours, A.l.t., December 31,
subject to the other provisions of this
part.
(2) Directed fishing for pollock in the
Bering Sea subarea by inshore, offshore
catcher/processor, and mothership components, in the AI directed pollock fishery,
and pollock CDQ fisheries. Subject to
other provisions of this part, directed
fishing for pollock by vessels catching

718

Fishery Conservation and Management
pollock for processing by the inshore
component, catcher/processors in the
offshore component, and motherships
in the offshore component in the Bering Sea subarea, directed fishing for
pollock in the AI directed pollock fishery, or directed fishing for CDQ pollock
in the BSAI is authorized only during
the following two seasons:
(i) A season. From 1200 hours, A.l.t.,
January 20 through 1200 hours, A.l.t.,
June 10; and
(ii) B season. From 1200 hours, A.l.t.,
June 10 through 1200 hours, A.l.t., November 1.
(3) Directed fishing for Atka mackerel
with trawl gear. Subject to other provisions of this part, directed fishing for
Atka mackerel with trawl gear in the
BSAI is authorized only during the following two seasons:
(i) A season. From 1200 hours, A.l.t.,
January 20 through 1200 hours, A.l.t.,
June 10; and
(ii) B season. From 1200 hours, A.l.t.,
June 10 through 1200 hours, A.l.t., December 31.
(4) CDQ fishing seasons—(i) Halibut
CDQ. Fishing for CDQ halibut with
fixed gear under an approved CDQ allocation may begin on the effective date
of the allocation, except that CDQ fishing may occur only during the fishing
periods specified in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of
chapter III of this title.
(ii) Sablefish CDQ. Fishing for CDQ
sablefish with fixed gear under an approved CDQ allocation may begin on
the effective date of the allocation, except that it may occur only during the
IFQ fishing season specified in paragraph (g)(1) of this section.
(iii) Groundfish CDQ. Fishing for
groundfish CDQ species, other than
CDQ pollock; hook-and-line, pot, jig, or
trawl CDQ Pacific cod; trawl CDQ Atka
mackerel; and fixed gear CDQ sablefish
under subpart C of this part, is authorized from 0001 hours, A.l.t., January 1
through the end of each fishing year,
except as provided under paragraph (c)
of this section.
(5) Directed fishing for Pacific cod—(i)
Hook-and-line gear. Subject to other
provisions of this part, directed fishing
for CDQ and non-CDQ Pacific cod with
vessels equal to or greater than 60 ft

§ 679.23
(18.3 m) LOA using hook-and-line gear
is authorized only during the following
two seasons:
(A) A season. From 0001 hours, A.l.t.,
January 1 through 1200 hours, A.l.t.,
June 10; and
(B) B season. From 1200 hours, A.l.t.,
June 10 through 2400 hours, A.l.t., December 31.
(ii) Trawl gear. Subject to other provisions of this part, directed fishing for
CDQ and non-CDQ Pacific cod with
trawl gear in the BSAI is authorized
only during the following three seasons:
(A) A season. From 1200 hours, A.l.t.,
January 20 through 1200 hours, A.l.t.,
April 1;
(B) B season. From 1200 hours, A.l.t.,
April 1 through 1200 hours, A.l.t., June
10; and
(C) C season— (1) Catcher vessels and
AFA
catcher/processors.
From
1200
hours, A.l.t., June 10 through 1200
hours, A.l.t., November 1.
(2) Amendment 80 and CDQ. From 1200
hours, A.l.t., June 10 through 1200
hours, A.l.t., December 31.
(iii) Pot gear. Subject to other provisions of this part, non-CDQ directed
fishing for Pacific cod with vessels
equal to or greater than 60 ft (18.3 m)
LOA using pot gear in the BSAI is authorized only during the following two
seasons:
(A) A season. From 0001 hours, A.l.t.,
January 1 through 1200 hours, A.l.t.,
June 10; and
(B) B season. From 1200 hours, A.l.t.,
September 1 through 2400 hours, A.l.t.,
December 31.
(iv) Jig gear. Subject to other provisions of this part, directed fishing for
CDQ and non-CDQ Pacific cod with jig
gear is authorized only during the following three seasons:
(A) A season. From 0001 hours, A.l.t.,
January 1 through 1200 hours, A.l.t.,
April 30;
(B) B season. From 1200 hours, A.l.t.,
April 30 through 1200 hours, A.l.t., August 31;
(C) C season. From 1200 hours, A.l.t.,
August 31 through 2400 hours, A.l.t.,
December 31.
(f) IFQ halibut. The fishing period(s)
for IFQ halibut are established by the
IPHC and are specified in the annual
management measures published in the

719

§ 679.23

50 CFR Ch. VI (10–1–23 Edition)

FEDERAL REGISTER pursuant to § 300.62
of chapter III of this title. Catches of
halibut by fixed gear at times other
than during the specified fishing periods must be treated as prohibited species as prescribed at § 679.21(a).
(g) IFQ sablefish. (1) Directed fishing
for sablefish using fixed gear in any
IFQ regulatory area may be conducted
in any fishing year during the period
specified by the Regional Administrator and announced by publication in
the FEDERAL REGISTER. The Regional
Administrator will take into account
the opening date of the halibut season
when determining the opening date for
sablefish for the purposes of reducing
bycatch and regulatory discards between the two fisheries.

(2) Except for catches of sablefish
with longline pot gear in the GOA,
catches of sablefish by fixed gear during other periods may be retained up to
the amounts provided for by the directed fishing standards specified at
§ 679.20 when made by an individual
aboard the vessel who has a valid IFQ
permit and unused IFQ in the account
on which the permit was issued.
(3) Catches of sablefish in excess of
the maximum retainable bycatch
amounts and catches made without
IFQ must be treated in the same manner as prohibited species as defined at
§ 679.21(a).
(h) Stand down requirements for trawl
catcher vessels transiting between the
BSAI and GOA.

If you own or operate a catcher vessel and
fish for groundfish with trawl gear in the* * *

You are prohibited from subsequently deploying trawl gear in
the* * *

(1) BSAI while pollock or Pacific cod is open
to directed fishing in the BSAI.

Western and Central GOA regulatory areas.

(2) Western GOA regulatory area while pollock or inshore Pacific cod is open to directed fishing in the Western GOA regulatory area.

BSAI ............................................

(3) Central GOA regulatory area while pollock
or inshore Pacific cod is open to directed
fishing in the Central GOA regulatory area.

BSAI ............................................

(i) Catcher vessel exclusive fishing seasons for pollock. Catcher vessels are prohibited from participating in directed
fishing for pollock under the following
conditions. Vessels less than 125 ft (38.1

Until* * *
1200 hours A.l.t. on the third day after the
date of landing or transfer of all groundfish on board the vessel harvested in the
BSAI, unless you are engaged in directed
fishing for Pacific cod in the GOA for
processing by the offshore component or
if checked-in and participating in a CGOA
Rockfish Program cooperative.
1200 hours A.l.t. on the third day after the
date of landing or transfer of all groundfish on board the vessel harvested in the
Western Regulatory Area of the GOA, unless you are participating in a CDQ fishery.
1200 hours A.l.t. on the second day after
the date of landing or transfer of all
groundfish on board the vessel harvested
in the Central GOA regulatory area , unless you are participating in a CDQ fishery.

m) LOA are exempt from this restriction when fishing east of 157°00′ W long.
GOA and BSAI seasons are specified at
§ 679.23(d)(2) and § 679.23(e)(2).

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Fishery Conservation and Management

§ 679.24

[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.23, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at
www.govinfo.gov.

§ 679.24 Gear limitations.
Regulations pertaining to vessel and
gear markings are set forth in this section and as prescribed in the annual
management measures published in the
FEDERAL REGISTER pursuant to § 300.62
of chapter III of this title.
(a) Marking of hook-and-line, longline
pot, and pot-and-line gear. (1) All hookand-line, longline pot, and pot-and-line
marker buoys carried on board or used
by any vessel regulated under this part
shall be marked with the vessel’s Federal fisheries permit number or
ADF&G vessel registration number.
(2) Markings shall be in characters at
least 4 inches (10.16 cm) in height and
0.5 inch (1.27 cm) in width in a contrasting color visible above the water
line and shall be maintained so the
markings are clearly visible.
(3) Each end of a set of longline pot
gear deployed to fish IFQ sablefish in
the GOA must have one hard buoy ball
attached and marked with the capital
letters ‘‘LP’’ in accordance with paragraph (a)(2) of this section.
(b) Gear restrictions—(1) Pots——
Longline pot gear. Any person using

longline pot gear must treat any catch
of groundfish as a prohibited species,
except:
(i) In the Aleutian Islands subarea.
(ii) While directed fishing for sablefish in the Bering Sea subarea.
(iii) While directed fishing for IFQ sablefish in the GOA.
(iv) While fishing for IFQ or CDQ halibut in the BSAI.
(2) [Reserved]
(3) Trawl footrope. No person trawling
in any GOA area limited to pelagic
trawling under § 679.22 may allow the
footrope of that trawl to be in contact
with the seabed for more than 10 percent of the period of any tow.
(4) BSAI pollock nonpelagic trawl prohibition. No person may use nonpelagic
trawl gear to engage in directed fishing
for pollock in the BSAI.
(c) Gear restrictions for sablefish—(1)
Gear allocations. Gear allocations of sablefish TAC are set out under § 679.20.
(2) Eastern GOA regulatory area—(i)
General. (A) No person may use any
gear other than hook-and-line, longline
pot, jig, or trawl gear when fishing for

721

§ 679.24

50 CFR Ch. VI (10–1–23 Edition)

sablefish in the Eastern GOA regulatory area.
(B) No person may use any gear other
than hook-and-line gear, longline pot
gear, or jig gear to engage in directed
fishing for IFQ sablefish.
(ii) Sablefish as prohibited species—(A)
Trawl gear. When operators of vessels
using trawl gear have harvested 5 percent of the TAC for sablefish in the
Eastern GOA regulatory area during
any year, further trawl catches of sablefish must be treated as prohibited
species as provided by § 679.21(a).
(B) Other gear. Operators of vessels
using gear types other than those specified in paragraph (c)(2)(i) of this section in the Eastern GOA regulatory
area must treat any catch of sablefish
as a prohibited species as provided by
§ 679.21(a).
(3) Central and Western GOA regulatory areas; sablefish as prohibited species. Operators of vessels using gear
types
other
than
hook-and-line,
longline pot, jig, or trawl gear in the
Central and Western GOA regulatory
areas must treat any catch of sablefish
in these areas as a prohibited species as
provided by § 679.21(a).
(4) BSAI. Operators of vessels using
gear types other than hook-and-line,
longline pot, pot-and-line, jig, or trawl
gear in the BSAI must treat sablefish
as a prohibited species as provided by
§ 679.21(a).
(d) Trawl gear test areas—(1) General.
For purposes of allowing pelagic and
nonpelagic trawl fishermen to test
trawl fishing gear, NMFS may establish, after consulting with the Council,
locations for the testing of trawl fishing gear in areas that would otherwise
be closed to trawling.
(2) Trawl gear testing. For the purposes of this section, ‘‘trawl gear testing’’ means deploying trawl gear in
areas designated in this paragraph (d)
and in Figure 7 to this part under the
following conditions.
(i) The codend shall be unzipped
while trawl gear testing.
(ii) Groundfish shall not be possessed
on board when trawl gear testing.
(iii) Observers aboard vessels during
the time spent trawl gear testing shall
not fulfill observer requirements at
subpart E of this part.

(3) Criteria. The establishment of test
areas must comply with the following
criteria:
(i) Depth and bottom type must be
suitable for testing the particular gear
type.
(ii) The areas must be outside State
waters.
(iii) The areas must be in locations
not normally closed to fishing with
that gear type.
(iv) The areas must be in locations
that are not usually fished heavily by
that gear type.
(v) The areas must not be within a
designated Steller sea lion protection
area at any time of the year.
(4) Test areas. Trawl gear testing is
allowed in the following areas (Figure 7
to this part) bounded by straight lines
connecting the coordinates in the order
listed, at all times:
(i) Kodiak Test Area.
57°37′ N.
57°37′ N.
57°23′ N.
57°23′ N.
57°37′ N.

lat.,
lat.,
lat.,
lat.,
lat.,

152°02′ W.
151°25′ W.
151°25′ W.
152°02′ W.
152°02′ W.

long.
long.
long.
long.
long.

(ii) Sand Point Test Area.
54°50′ N.
54°50′ N.
54°35′ N.
54°35′ N.
54°50′ N.

lat.,
lat.,
lat.,
lat.,
lat.,

161°00′ W.
160°30′ W.
160°30′ W.
161°00′ W.
161°00′ W.

long.
long.
long.
long.
long.

(iii) Bering Sea Test Area.
55°00′ N.
55°00′ N.
54°40′ N.
54°40′ N.
55°00′ N.

lat.,
lat.,
lat.,
lat.,
lat.,

167°00′ W.
166°00′ W.
166°00′ W.
167°00′ W.
167°00′ W.

long.
long.
long.
long.
long.

(e) Seabird avoidance program for vessels fishing with hook-and-line gear—(1)
Applicability. The operator of a vessel
that is longer than 26 ft (7.9 m) LOA
fishing with hook-and-line gear must
comply with the seabird avoidance requirements as specified in paragraphs
(e)(2) and (e)(3) of this section while
fishing for any of the following species:
(i) IFQ halibut or CDQ halibut.
(ii) IFQ sablefish.
(iii) Groundfish in the EEZ off Alaska.
(2) Seabird Avoidance Requirements.
The operator of a vessel described in
paragraph (e)(1) of this section must:
(i) Gear onboard. Have onboard the
vessel the seabird avoidance gear as

722

Fishery Conservation and Management
specified in paragraph (e)(3) of this section;
(ii) Gear inspection. Upon request by
an authorized officer or observer, make
the seabird avoidance gear available
for inspection;
(iii) Gear use. Use seabird avoidance
gear as specified in paragraph (e)(3) of
this section that meets standards as
specified in paragraph (e)(4) of this section, while hook-and-line gear is being
deployed.
(iv) Sink baited hooks. Use hooks that
when baited, sink as soon as they are
put in the water.
(v) Offal discharge. (A) If offal is discharged while gear is being set or
hauled, discharge offal in a manner
that distracts seabirds from baited
hooks, to the extent practicable. The
discharge site on board a vessel must
be either aft of the hauling station or
on the opposite side of the vessel from
the hauling station.
(B) Remove hooks from any offal
that is discharged.
(C) Eliminate directed discharge
through chutes or pipes of residual bait
or offal from the stern of the vessel
while setting gear. This does not include baits falling off the hook or offal
discharges from other locations that
parallel the gear and subsequently drift
into the wake zone well aft of the vessel.
(D) For vessels not deploying gear
from the stern, eliminate directed discharge of residual bait or offal over
sinking hook-and-line gear while gear
is being deployed.
(vi) Safe release of seabirds. Make
every reasonable effort to ensure birds
brought on board alive are released
alive and that, wherever possible,
hooks are removed without jeopardizing the life of the birds.
(3) Seabird avoidance gear requirements. (See also Table 20 to this part.)
(i) The operator of a vessel identified
in paragraph (e)(1) of this section must
comply with paragraph (e)(3)(ii) or
(e)(3)(iii) of this section while fishing
with hook-and-line gear for groundfish,
IFQ halibut, CDQ halibut, or IFQ sablefish in Federal waters (EEZ) and for
IFQ halibut, CDQ halibut, or IFQ sablefish in the State of Alaska waters, excluding fishing in:

§ 679.24
(A) NMFS Reporting Area 649 (Prince
William Sound);
(B) State waters of Cook Inlet;
(C) NMFS Reporting Area 659 (Eastern GOA Regulatory Area; Southeast
Inside District), but including waters
in the areas south of a straight line at
56°17.25 N. lat. between Point Harris
and Port Armstrong in Chatham
Strait, State statistical areas 325431
and 325401, and west of a straight line
at 136°21.17 E. long. from Point
Wimbledon extending south through
the Inian Islands to Point Lavinia; and
(D) Area 4E with a vessel less than or
equal to 55 ft (16.8 m) LOA, but including fishing in waters south of 60°00.00
N. lat. and west of 160°00.00 W. long.
(ii) Using other than snap gear,
(A) A minimum of 1 buoy bag line as
specified in paragraph (e)(4)(i) of this
section must be used by vessels greater
than 26 ft (7.9 m) LOA and less than or
equal to 55 ft (16.8 m) LOA without
masts, poles, or rigging.
(B) A minimum of a single streamer
line as specified in paragraph (e)(4)(ii)
of this section must be used by vessels
greater than 26 ft (7.9 m) LOA and less
than or equal to 55 ft (16.8 m) LOA with
masts, poles, or rigging.
(C) A minimum of a paired streamer
line of a standard as specified in paragraph (e)(4)(iii) of this section must be
used by vessels greater than 55 ft (16.8
m) LOA.
(iii) Using snap gear,
(A) A minimum of 1 buoy bag line as
specified in paragraph (e)(4)(i) of this
section must be used by vessels greater
than 26 ft (7.9 m) LOA and less than or
equal to 55 ft (16.8 m) LOA without
masts, poles, or rigging.
(B) A minimum of a single streamer
line as specified in paragraph (e)(4)(iv)
of this section must be used by vessels
greater than 26 ft (7.9 m) LOA and less
than or equal to 55 ft (16.8 m) LOA with
masts, poles, or rigging.
(C) A minimum of a single streamer
line as specified in paragraph (e)(4)(iv)
of this section must be used by vessels
greater than 55 ft (16.8 m) LOA.
(4) Seabird avoidance gear performance
and material standards:
(i) Buoy bag line weather exception. In
winds exceeding 45 knots (storm or
Beaufort 9 conditions), the use of a
buoy bag line is discretionary.

723

§ 679.24

50 CFR Ch. VI (10–1–23 Edition)

(ii) Single streamer standard. (A) A single streamer line must:
(1) Be a minimum of 300 feet (91.4 m)
in length;
(2) Have streamers spaced every 16.4
ft (5 m);
(3) Be deployed before the first hook
is set in such a way that streamers are
in the air for a minimum of 131.2 ft (40
m) aft of the stern and within 6.6 ft (2
m) horizontally of the point where the
main groundline enters the water.
(4) Have individual streamers that
hang attached to the mainline to 9.8 in
(0.25 m) above the waterline in the absence of wind.
(5) Have streamers constructed of
material that is brightly colored, UVprotected plastic tubing or 3/8 inch polyester line or material of an equivalent
density.
(B) Weather exception: In winds exceeding 45 knots (storm or Beaufort 9
conditions), the use of a single streamer line is discretionary.
(iii) Paired streamer standard: (A) At
least one streamer line must be deployed before the first hook is set and
two streamer lines must be fully deployed within 90 seconds.
(B) Weather exceptions: In conditions
of wind speeds exceeding 30 knots (near
gale or Beaufort 7 conditions), but less
than or equal to 45 knots, a single
streamer must be deployed from the
windward side of the vessel. In winds
exceeding 45 knots (storm or Beaufort 9
conditions), the use of streamer lines is
discretionary.
(C) Streamer lines must:
(1) Be deployed in such a way that
streamers are in the air for a minimum
of 131.2 ft (40 m) aft of the stern for vessels under 100 ft (30.5 m) and 196.9 ft (60
m) aft of the stern for vessels 100 ft
(30.5 m) or over;
(2) Be a minimum of 300 feet (91.4 m)
in length;
(3) Have streamers spaced every 16.4
ft (5 m);
(4) For vessels deploying hook-andline gear from the stern, the streamer
lines must be deployed from the stern,
one on each side of the main groundline.
(5) For vessels deploying gear from
the side, the streamer lines must be deployed from the stern, one over the

main groundline and the other on one
side of the main groundline.
(6) Have individual streamers that
hang attached to the mainline to 9.8 in
(0.25 m) above the waterline in the absence of wind.
(7) Have streamers constructed of
material that is brightly colored, UVprotected plastic tubing or 3⁄8 inch polyester line or material of an equivalent
density.
(iv) Snap gear streamer standard: (A)
For vessels using snap gear, a single
streamer line must:
(1) Be deployed before the first hook
is set in such a way that streamers are
in the air for 65.6 ft (20 m) aft of the
stern and within 6.6 ft (2 m) horizontally of the point where the main
groundline enters the water.
(2) Have a minimum length of 147.6 ft
(45 m).
(B) Weather exception: In winds exceeding 45 knots (storm or Beaufort 9
conditions), the use of a single streamer line is discretionary.
(v) Weather safety standard. The use of
seabird avoidance devices required by
paragraph (e)(3) of this section is discretionary for vessels greater than 26 ft
(7.9 m) LOA and less than or equal to 55
ft (16.8 m) LOA in conditions of wind
speeds exceeding 30 knots (near gale or
Beaufort 7 conditions).
(5) Other methods. Any of the following measures or methods must be
accompanied by the applicable seabird
avoidance gear requirements as specified in paragraph (e)(3) of this section:
(i) Night-setting.
(ii) Line shooter.
(iii) Lining tube.
(6) Seabird avoidance exemption.
Nothwithstanding any other paragraph in this part, operators of vessels
32 ft (9.8 m) LOA or less using hookand-line gear in IPHC Area 4E in
waters shoreward of the EEZ are exempt from seabird avoidance regulations.
(f) Modified nonpelagic trawl gear.
Nonpelagic trawl gear modified as
shown in Figure 26 to this part must be
used by any vessel required to be federally permitted and that is used to directed fish for flatfish, as defined in
§ 679.2, in any reporting area of the BS
or in the Central GOA Regulatory Area
or directed fish for groundfish with

724

Fishery Conservation and Management
nonpelagic trawl gear in the Modified
Trawl Gear Zone specified in Table 51
to this part. Nonpelagic trawl gear
used by these vessels must meet the
following standards:
(1) Elevated section minimum clearance.
Except as provided for in paragraph
(f)(3)(iii) of this section, elevating devices must be installed on the elevated
section shown in Figure 26 to this part
to raise the elevated section at least 2.5
inches (6.4 cm), as measured adjacent
to the elevating device contacting a
hard, flat surface that is parallel to the
elevated section, regardless of the elevating device orientation, and measured between the surface and the
widest part of the line material. Elevating devices must be installed on
each end of the elevated section, as
shown in Figure 26 to this part. Measuring locations to determine compliance with this standard are shown in
Figure 25 to this part.
(2) Elevating device spacing. Elevating
devices must be secured along the entire length of the elevated section
shown in Figure 26 to this part and
spaced no less than 30 feet (9.1 m)
apart; and either
(i) If the elevating devices raise the
elevated section shown in Figure 26 to
this part 3.5 inches (8.9 cm) or less, the
space between elevating devices must
be no more than 65 feet (19.8 m); or
(ii) If the elevating devices raise the
elevated section shown Figure 26 to
this part more than 3.5 inches (8.9 cm),
the space between elevating devices
must be no more than 95 feet (29 m).
(3) Clearance measurements and line
cross sections. (i) The largest cross section of the line of the elevated section
shown in Figure 26 to this part between
elevating devices shall not be greater
than the cross section of the material
at the nearest measurement location,
as selected based on the examples
shown in Figure 25 to this part. The
material at the measurement location
must be—
(A) The same material as the line between elevating devices, as shown in
Figures 25a and 25d to this part;
(B) Different material than the line
between elevating devices and used to
support the elevating device at a connection between line sections (e.g., on

§ 679.25
a metal spindle, on a chain), as shown
in Figure 25b to this part; or
(C) Disks of a smaller cross section
than the elevating device, which are
strung continuously on a line between
elevating devices, as shown in Figure
25c to this part.
(ii) Portions of the line between elevating devices that are braided or doubled for section terminations or used
for line joining devices are not required
to be a smaller cross section than the
measuring location.
(iii) Required minimum clearance for
supporting material of a larger cross section than the cross section of the line material. When the material supporting
the elevating device has a larger cross
section than the largest cross section
of the line between elevating devices,
except as provided for in paragraph
(f)(3)(ii) of this section, based on measurements taken in locations shown in
Figure 27 to this part, the required
minimum clearance shall be as follows:
(A) For elevating devices spaced 30
feet (9.1 m) to 65 feet (19.8 m), the required minimum clearance is ≥[2.5
inches ¥ ((support material cross section ¥ line material cross section)/2)],
or
(B) For elevating devices spaced
greater than 65 feet (19.8 m) to 95 feet
(29 m), the required minimum clearance is ≥[3.5 inches ¥((support material
cross section ¥ line material cross section)/2)].
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.24, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.25

Inseason adjustments.

(a) General—(1) Types of adjustments.
Inseason adjustments for directed fishing for groundfish or fishing for IFQ or
CDQ halibut issued by NMFS under
this section include:
(i) Closure, extension, or opening of a
season in all or part of a management
area.
(ii) Modification of the allowable
gear to be used in all or part of a management area.
(iii) Adjustment of TAC and PSC limits.

725

§ 679.25

50 CFR Ch. VI (10–1–23 Edition)

(iv) Interim closures of statistical
areas, or portions thereof, to directed
fishing for specified groundfish species.
(v) Inseason closures of an area, district, or portions thereof, of harvest of
specified halibut fisheries.
(2) Determinations. (i) Any inseason
adjustment taken under paragraph
(a)(1)(i), (ii), (iii), or (iv) of this section
must be based on a determination that
such adjustments are necessary to prevent:
(A) Overfishing of any species or
stock of fish or shellfish;
(B) Harvest of a TAC for any groundfish species or the taking of a PSC
limit for any prohibited species that,
on the basis of the best available scientific information, is found by NMFS
to be incorrectly specified; or
(C) Underharvest of a TAC or gear
share of a TAC for any groundfish species when catch information indicates
that the TAC or gear share has not
been reached.
(ii) Any inseason closure of a statistical area, or portion thereof, under
paragraph (a)(1)(iv) of this section,
must be based upon a determination
that such closures are necessary to prevent:
(A) A continuation of relatively high
bycatch rates of prohibited species
specified under § 679.21(a) in a statistical area, or portion thereof;
(B) Take of an excessive share of PSC
limits or bycatch allowances established under § 679.21(d) and (e) by vessels fishing in a statistical area, or portion thereof;
(C) Closure of one or more directed
fisheries for groundfish due to excessive prohibited species bycatch rates
occurring in a specified fishery operating within all or part of a statistical
area; or
(D) Premature attainment of established PSC limits or bycatch allowances and associated loss of opportunity to harvest the groundfish OY.
(iii) The selection of the appropriate
inseason
management
adjustments
under paragraphs (a)(1)(i) and (ii) of
this section must be from the following
authorized management measures and
must be based upon a determination by
the Regional Administrator that the
management adjustment selected is

the least restrictive necessary to
achieve the purpose of the adjustment:
(A) Any gear modification that would
protect the species in need of conservation, but that would still allow other
fisheries to continue;
(B) An inseason adjustment that
would allow other fisheries to continue
in noncritical areas and time periods;
(C) Closure of a management area or
portion thereof, or gear type, or season
to all groundfish or halibut fishing; or
(D) Reopening of a management area
or season to achieve the TAC or gear
share of a TAC for any of the target
species.
(iv) The adjustment of a TAC or PSC
limit for any species under paragraph
(a)(1)(iii) of this section must be based
upon a determination by the Regional
Administrator that the adjustment is
based upon the best available scientific
information concerning the biological
stock status of the species in question
and that the currently specified TAC or
PSC limit is incorrect. Any adjustment
to a TAC or PSC limit must be reasonably related to the change in biological
stock status.
(v) The inseason closure of a statistical area, or a portion thereof, under
paragraph (a)(1)(iv) of this section shall
not extend beyond a 60-day period unless information considered under paragraph (b) of this section warrants an
extended closure period. Any closure of
a statistical area, or portion thereof, to
reduce prohibited species bycatch rates
requires a determination by the Regional Administrator that the closure
is based on the best available scientific
information concerning the seasonal
distribution and abundance of prohibited species and bycatch rates of prohibited species associated with various
groundfish fisheries.
(b) Data. All information relevant to
one or more of the following factors
may be considered in making the determinations required under paragraphs
(a)(2)(i) and (ii) of this section:
(1) The effect of overall fishing effort
within a statistical area;
(2) Catch per unit of effort and rate of
harvest;
(3) Relative distribution and abundance of stocks of groundfish species
and prohibited species within all or
part of a statistical area;

726

Fishery Conservation and Management
(4) Condition of a stock in all or part
of a statistical area;
(5) Inseason prohibited species bycatch rates observed in groundfish fisheries in all or part of a statistical area;
(6) Historical prohibited species bycatch rates observed in groundfish fisheries in all or part of a statistical area;
(7) Economic impacts on fishing businesses affected; or
(8) Any other factor relevant to the
conservation and management of
groundfish species or any incidentally
caught species that are designated as
prohibited species or for which a PSC
limit has been specified.
(c) Procedure. (1) No inseason adjustment issued under this section will
take effect until—
(i) NMFS has filed the proposed adjustment for public inspection with the
Office of the Federal Register; and
(ii) NMFS has published the proposed
adjustment in the FEDERAL REGISTER
for public comment for a period of 30
days before it is made final, unless
NMFS finds for good cause that such
notification and public procedure is
impracticable, unnecessary, or contrary to the public interest.
(2) If NMFS decides, for good cause,
that an adjustment is to be made without affording a prior opportunity for
public comment, public comments on
the necessity for, and extent of, the adjustment will be received by the Regional Administrator for a period of 15
days after the effective date of notification.
(3) During any such 15-day period, the
Regional Administrator will make
available for public inspection, during
business hours, the aggregate data
upon which an adjustment was based.
(4) If written comments are received
during any such 15-day period that oppose or protest an inseason adjustment
issued under this section, NMFS will
reconsider the necessity for the adjustment and, as soon as practicable after
that reconsideration, will either—
(i) Publish in the FEDERAL REGISTER
notification of continued effectiveness
of the adjustment, responding to comments received; or
(ii) Modify or rescind the adjustment.
(5) Notifications of inseason adjustments issued by NMFS under para-

§ 679.26
graph (a) of this section will include
the following information:
(i) A description of the management
adjustment.
(ii) Reasons for the adjustment and
the determinations required under
paragraph (a)(2)(i) of this section.
(iii) The effective date and any termination date of such adjustment. If
no termination date is specified, the
adjustment will terminate on the last
day of the fishing year.
[61 FR 31230, June 19, 1996, as amended at 75
FR 61642, Oct. 6, 2010; 81 FR 24733, Apr. 27,
2016; 85 FR 850, Jan. 8, 2020]

§ 679.26 Prohibited Species Donation
Program.
(a) Authorized species. The PSD program applies only to the following species:
(1) Salmon.
(2) Halibut delivered by catcher vessels using trawl gear to shoreside processors and stationary floating processors.
(b) Authorized distributors—(1) Application. An applicant seeking to become
an authorized distributor must provide
the Regional Administrator with the
following information:
(i) Proof of the applicant’s tax-exempt status.
(ii) A description of the arrangements for processing, shipping, storing,
and transporting donated fish and an
estimate of the associated costs.
(iii) A statement describing the applicant’s expertise in providing for the
distribution of food product from remote Alaskan locations to hunger relief agencies, food bank networks, or
food bank distributors, including arrangements for transportation, distribution costs, and product quality
control.
(iv) Documentation of support from
cold storage and transportation facilities.
(v) A proposed operating budget that
is adequate to ensure that fish donated
under this program will be distributed
to hunger relief agencies, food bank
networks, or food bank distributors
and that the fish will be maintained in
a manner fit for human consumption.
(vi) Proof of the applicant’s ability to
obtain and maintain adequate funding

727

§ 679.26

50 CFR Ch. VI (10–1–23 Edition)

for the distribution of fish under the
PSD program.
(vii) A copy of the applicant’s articles of incorporation and bylaws showing that the purpose of the applicant
includes providing food resources to
hunger relief agencies, food bank networks, or food bank distributors.
(viii) Proof of the applicant’s ability
to take full responsibility for the documentation and disposition of fish received under the PSD program, including sufficient liability insurance to
cover public interests relating to the
quality of fish distributed for human
consumption.
(ix) Quality control criteria to be followed by vessels, processors, hunger relief agencies, food bank networks, and
food bank distributors.
(x) The number of vessels and processors that the applicant is capable of
administering effectively.
(xi) A list of all vessels and processors, and food bank networks or food
bank distributors participating in the
PSD program. The list of vessels and
processors must include:
(A) The vessel’s or processor’s Federal fisheries permit number or Federal
processor permit number.
(B) The name of the vessel owner or
responsible operator or the name of the
owner or plant manager of the processor.
(C) The vessel’s or processor’s telephone number.
(D) The signature of the vessel owner
or responsible operator or the owner or
plant manager of the processor.
(xii) A signed statement from the applicant and from all persons who are
listed under paragraph (b)(1)(xi) of this
section and who would conduct activities pursuant to the PSD permit
waiving any and all claims against the
United States and its agents and employees for any liability for personal
injury, death, sickness, damage to
property directly or indirectly due to
activities conducted under the PSD
program.
(xiii) A list of locations where fish
must be delivered by participating vessels and processors.
(xiv) A separate application must be
submitted for each species listed under
paragraph (a) of this section that the
applicant seeks to distribute.

(2) Selection. The Regional Administrator may select one or more tax-exempt organizations to be authorized
distributors under the PSD program
based on the information submitted by
applicants under paragraph (b)(1) of
this section. The number of authorized
distributors selected by the Regional
Administrator will be based on the following criteria:
(i) The number and qualifications of
applicants for PSD permits.
(ii) The number of harvesters and the
quantity of fish that applicants can effectively administer.
(iii) The anticipated level of bycatch
of prohibited species listed under paragraph (a) of this section.
(iv) The potential number of vessels
and processors participating in the
PSD program.
(3) PSD Permit. (i) After review of
qualified applicants, the Regional Administrator will announce the selection of authorized distributor(s) in the
FEDERAL REGISTER and will issue PSD
permit(s).
(ii) The Regional Administrator may
impose additional terms and conditions
on a PSD permit consistent with the
objectives of the PSD program.
(iii) A PSD permit may be suspended,
modified, or revoked, under 15 CFR
part 904 for noncompliance with terms
and conditions specified in the permit
or for a violation of this section or
other regulations in this part.
(iv) Effective period. A PSD permit
issued for salmon or halibut remains in
effect for a 3-year period after the selection notice is published in the FEDERAL REGISTER unless suspended or revoked. A PSD permit issued to an authorized distributor may be renewed
following the application procedures in
this section.
(v) If the authorized distributor
modifies any information on the PSD
permit application submitted under
paragraph (b)(1)(xi) or (b)(1)(xiii) of this
section, the authorized distributor
must submit a modified list of participants or a modified list of delivery locations to the Regional Administrator.
(c) Reporting and recordkeeping requirements. (1) A vessel or processor retaining prohibited species under the
PSD program must comply with all applicable recordkeeping and reporting

728

Fishery Conservation and Management
requirements, including allowing the
collection of data and biological sampling by an observer prior to processing
any fish under the PSD program. A
vessel or processor participating in the
PSD program:
(i) In the BS pollock fishery must
comply with applicable regulations at
§§ 679.7(d) and (k), 679.21(c), and 679.28;
and
(ii) In the Central or Western GOA
pollock fishery must comply with applicable
regulations
at
§§ 679.7(b),
679.21(h) and 679.28.
(2) Prohibited species retained under
the PSD program must be packaged,
and all packages must be labeled with
the date of processing, the name of the
processing facility, the contents and
the weight of the fish contained in the
package, and the words, ‘‘NMFS PROHIBITED SPECIES DONATION PROGRAM - NOT FOR SALE - PERISHABLE PRODUCT - KEEP FROZEN’’.
(3) A processor retaining or receiving
fish under the PSD program and an authorized distributor must keep on file
and make available for inspection by
an authorized officer all documentation, including receipt and cargo manifests setting forth the origin, weight,
and destination of all prohibited species bycatch. Such documentation
must be retained until 3 years after the
effective period of the PSD permit.
(d) Processing, handling, and distribution. (1) Processing and reprocessing of
all fish retained under the PSD Program must be carried out under the direction of the authorized distributor. A
processor retaining or receiving fish
under the PSD Program, at a minimum, must head, gut, and freeze the
fish in a manner that makes it fit for
human consumption.
(2) Fish that are determined to be
unfit for human consumption prior to
delivery to an authorized distributor
must be discarded under § 679.21(a).
Fish that are determined to be unfit
for human consumption after delivery
to the authorized distributor must be
destroyed in accordance with applicable sanitation laws and regulations.
(3) Authorized distributors and persons conducting activities supervised
by authorized distributors may retain
prohibited species only for the purpose
of processing and delivering the prohib-

§ 679.27
ited species to hunger relief agencies,
food networks or food distributors as
provided by this section. Such persons
may not consume or retain prohibited
species for personal use and may not
sell, trade or barter, or attempt to sell,
trade or barter any prohibited species
that is retained under the PSD program, except that processors may convert offal from salmon or halibut that
has been retained pursuant to the PSD
program into fish meal, fish oil, or
bone meal, and sell or trade these products.
(4) No prohibited species that has
been sorted from a vessel’s catch or
landing may be retained by a vessel or
processor, or delivered to a delivery location under this section, unless the
vessel or processor and delivery location is included on the list provided to
the Regional Administrator under
paragraph (b)(1)(xi), (b)(1)(xiii) or
(b)(3)(v) of this section.
[61 FR 38359, July 24, 1996, as amended at 63
FR 32145, 32146, June 12, 1998; 65 FR 78121,
Dec. 14, 2000; 66 FR 53122, Oct. 19, 2001; 67 FR
4148, Jan. 28, 2002; 69 FR 52612, Aug. 27, 2004;
75 FR 53067, Aug. 30, 2010; 77 FR 42636, July 20,
2012; 81 FR 24733, Apr. 27, 2016]
EFFECTIVE DATE NOTE: At 67 FR 4158, Jan.
28, 2002, § 679.26 was amended in paragraph
(c)(3) by removing the words ‘‘until 1 year
after’’ and inserting in its place ‘‘until 3
years after’’. This amendment contains information collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of
Management and Budget.

§ 679.27 Improved Retention/Improved
Utilization Program.
(a) Applicability. The owner or operator of a vessel that is required to obtain a Federal fisheries or processor
permit under § 679.4 must comply with
the IR/IU program set out in this section while fishing for groundfish in the
GOA or BSAI, fishing for groundfish in
waters of the State of Alaska that are
shoreward of the GOA or BSAI, or when
processing groundfish harvested in the
GOA or BSAI.
(b) IR/IU species. The following species are defined as ‘‘IR/IU species’’ for
the purposes of this section:
(1) Pollock.
(2) Pacific cod.
(3) Shallow-water flatfish species
complex in the GOA as defined in the

729

§ 679.27

50 CFR Ch. VI (10–1–23 Edition)

annual harvest specifications for the
GOA (beginning January 1, 2003).
(4) For catcher/processors not listed
in § 679.4(l)(2)(i) using trawl gear in the
BSAI, all species listed in Table 2a to
this part, except for groundfish in prohibited species status.
(c) Minimum retention requirements—
(1) Definition of retain on board. NotIf you own or operate a
...
(i) Catcher vessel ...........

withstanding the definition at 50 CFR
600.10, for the purpose of this section,
to retain on board means to be in possession of on board a vessel.
(2) The following table displays minimum retention requirements by vessel
category and directed fishing status:

and ...

you must retain on board until lawful transfer
...

(A) Directed fishing for an IR/IU species is open .......

all fish of that species brought on board the
vessel.
all fish of that species brought on board the
vessel up to the MRA for that species.
no fish of that species.
a primary product from all fish of that species
brought on board the vessel.
a primary product from all fish of that species
brought on board the vessel up to the point
that the round-weight equivalent of primary
products on board equals the MRA for that
species.
no fish or product of that species.
a primary product from all fish of that species
brought on board the vessel
a primary product from all fish of that species
brought on board the vessel up to the point
that the round-weight equivalent of primary
products on board equals the MRA for that
species.
no fish or product of that species.

(B) Directed fishing for an IR/IU species is prohibited

(ii) Catcher/processor .....

(C) Retention of an IR/ IU species is prohibited ........
(A) Directed fishing for an IR/IU species is open .......
(B) Directed fishing for an IR/IU species is prohibited

(iii) Mothership ................

(C) Retention of an IR/IU species is prohibited ..........
(A) Directed fishing for an IR/IU species is open .......
(B) Directed fishing for an IR/IU species is prohibited

(C) Retention of an IR/IU species is prohibited ..........

(d) Bleeding codends and shaking
longline gear. Any action intended to
discard or release an IR/IU species
prior to being brought on board the
vessel is prohibited. This includes, but
is not limited to bleeding codends and
shaking or otherwise removing fish
from longline gear.
(e) At-sea discard of product. Any
product from an IR/IU species may not
be discarded at sea, unless such discarding is necessary to meet other requirements of this part.
(f) Discard of fish or product transferred from other vessels. The retention
requirements of this section apply to
all IR/IU species brought on board a
vessel, whether harvested by that vessel or transferred from another vessel.
At-sea discard of IR/IU species or products that were transferred from another vessel is prohibited.
(g) IR/IU species as bait. IR/IU species
may be used as bait provided that the
deployed bait is physically secured to
authorized fishing gear. Dumping of
unsecured IR/IU species as bait (chumming) is prohibited.

(h) Previously caught fish. The retention and utilization requirements of
this section do not apply to incidental
catch of dead or decomposing fish or
fish parts that were previously caught
and discarded at sea.
(i) Minimum utilization requirements. If
you own or operate a catcher/processor
or mothership, the minimum utilization requirement for an IR/IU species
harvested in the BSAI is determined by
the directed fishing status for that species according to the following table:

If...

(1) directed fishing for an
IR/IU species is open,

(2) directed fishing for an
IR/IU species is prohibited,

(3) retention of an IR/IU
species is prohibited,

730

then your total weight of retained
or lawfully transferred products
produced from your catch or receipt of that IR/IU species during
a fishing trip must...
equal or exceed 15 percent of
the round-weight catch or
round-weight delivery of that
species during the fishing trip.
equal or exceed 15 percent of
the round-weight catch or
round-weight delivery of that
species during the fishing trip
or 15 percent of the MRA for
that species, whichever is
lower.
equal zero.

Fishery Conservation and Management
(j) [Reserved]
[62 FR 63890, Dec. 3, 1997, as amended at 62
FR 65381, Dec. 12, 1997; 68 FR 52144, Sept. 2,
2003; 69 FR 32903, June 14, 2004; 71 FR 17381,
Apr. 6, 2006; 72 FR 52722, Sept. 14, 2007; 73 FR
76166, Dec. 15, 2008; 74 FR 62508, Nov. 30, 2009;
75 FR 53069, Aug. 30, 2010; 77 FR 6502, Feb. 8,
2012; 78 FR 12632, Feb. 25, 2013]

§ 679.28 Equipment
requirements.

and

operational

(a) Applicability. This section contains the operational requirements for
scales, observer sampling stations, vessel monitoring system hardware, catch
monitoring and control plans, catcher
vessel electronic logbook software, and
video monitoring systems. The operator or manager must retain a copy of
all records described in this section
(§ 679.28) as indicated at § 679.5(a)(5) and
(6) and make available the records
upon request of NMFS observers and
authorized officers as indicated at
§ 679.5(a)(5).
(b) Scales used to weigh catch at sea. In
order to be approved by NMFS a scale
used to weigh catch at sea must meet
the type evaluation requirements set
forth in paragraph (b)(1) of this section
and the initial inspection and annual
reinspection requirements set forth in
paragraph (b)(2) of this section. Once a
scale is installed on a vessel and approved by NMFS for use to weigh catch
at sea, it must be reinspected annually
and must be tested daily and meet the
maximum permissible error (MPE) requirements described in paragraph
(b)(3) of this section.
(1) List of scales eligible for approval.
The model of scale must be included on
the Regional Administrator’s list of
scales eligible to be approved for
weighing catch at sea before an inspector will schedule or conduct a scale inspection under paragraph (b)(2) of this
section. A scale will be included on the
list when the Regional Administrator
receives the information specified in
paragraphs (b)(1)(i) through (iv) of this
section. This information identifies
and describes the scale, sets forth contact information regarding the manufacturer, and sets forth the results of
required type evaluations and testing.
Type evaluation and testing must be
conducted by a laboratory accredited

§ 679.28
by the government of the country in
which the tests are conducted.
(i) Information about the scale. (A)
Name of scale manufacturer.
(B) Name of manufacturer’s representative.
(C) Mailing address of scale manufacturer and manufacturer’s representative.
(D) Telephone and fax number of
manufacturer’s representative.
(E) Model and serial number of the
scale tested.
(F) A written description of the scale
and diagrams explaining how the scale
operates and how it compensates for
motion.
(G) A list of the model numbers of all
scales for which type evaluation results are applicable, identifying the
differences between the model evaluated in the laboratory and other models listed. The scales may differ only in
the elements of the scale that perform
motion compensation, the size or capacity of the scale, and the software
used by the scale.
(H) A list of types of scale adjustments that will be recorded on the
audit trail, including the name of the
adjustment as it will appear on the
audit trail, and a written description of
the adjustment.
(ii) Information about the laboratory.
(A) Name of laboratory.
(B) Mailing address of laboratory.
(C) Telephone and fax number of laboratory’s representative.
(D) Name and address of government
agency accrediting the laboratory.
(E) Name and signature of person responsible for evaluation of the scale
and the date of signature.
(iii) Checklist. A completed checklist
indicating that all applicable technical
and performance standards in appendix
A to this part and the laboratory tests
in the annex to appendix A to this part
have been met.
(iv)
Verification
of
test
results.
Verification that a scale meets the laboratory evaluation and testing requirements in appendix A of this part and
each of the influence quantity and disturbance tests as specified in the annex
to appendix A to this part:
(A) Test results and data on forms
supplied by NMFS;

731

§ 679.28

50 CFR Ch. VI (10–1–23 Edition)

(B) National Type Evaluation Program (NTEP) Certificates of Conformance, test results and data for a component of a scale or for the entire device.
NTEP Certificates of Conformance,
test results, and data may be submitted only in lieu of the specific influence factor tests conducted to obtain
the NTEP Certificates of Conformance.
Additional information must be submitted to verify compliance with the
laboratory tests that are not performed
under the NTEP; and/or
(C) International Organization of
Legal Metrology (OIML) Certificates of
Conformance, test results and data.
(v) Exceptions. A scale manufacturer
or their representative may request
that NMFS approve a custom built
automatic hopper scale under the following conditions:
(A) The scale electronics are the
same as those used in other scales on
the Regional Administrator’s list of
scales eligible for approval;
(B) Load cells have received Certificates of Conformance from NTEP or
OIML;
(C) The scale compensates for motion
in the same manner as other scales
made by that manufacturer which have
been listed on the Regional Administrator’s list of scales eligible for approval;
(D) The scale, when installed, meets
all of the requirements set forth in
paragraph 3 of appendix A to this part,
except those requirements set forth in
paragraph 3.2.1.1.
(2) Inspection of at-sea scales—(i) What
is an inspection? An inspection is a visual assessment and test of a scale after
it is installed on the vessel and while
the vessel is tied up at a dock and not
under power at sea to determine if the
scale meets all of the applicable performance and technical requirements
in paragraph (b)(2) of this section and
in appendix A to this part. A scale will
be approved by the inspector if it meets
all of the applicable performance and
technical requirements in paragraph
(b)(2) of this section and appendix A to
this part.
(ii) How often must a scale be inspected? Each scale must be inspected
and approved before the vessel may
participate in any fishery requiring the
weighing of catch at sea with an ap-

proved scale. Each scale must be reinspected within 12 months of the date of
the most recent inspection.
(iii) Who may perform scale inspections
and approvals? Scales must be inspected and approved by a NMFS-staff
scale inspector or an inspector designated by NMFS and trained by a
NMFS-staff scale inspector.
(iv) How does a vessel owner arrange
for a scale inspection? The operator
must submit a request for a scale inspection at least 10 working days in advance of the requested date of inspection by filing a request online or by
printing and faxing the scale inspection
request
at
http://
alaskafisheries.noaa.gov/scales/default.htm.
(v) Where will scale inspections be conducted? Scales inspections by inspectors paid by NMFS will be conducted
on vessels tied up at docks in Kodiak,
Alaska; Dutch Harbor, Alaska; and in
the Puget Sound area of Washington
State.
(vi) Responsibilities of the vessel owner
during a scale inspection. After the vessel owner has installed a model of scale
that is on the Regional Administrator’s list of scales eligible to be approved for weighing catch at sea, the
vessel owner must:
(A) Make the vessel and scale available for inspection by the scale inspector.
(B) Provide a copy of the scale manual supplied by the scale manufacturer
to the inspector at the beginning of the
inspection.
(C) Transport test weights, test material, and equipment required to perform the test to and from the inspector’s vehicle and the location on the
vessel where the scale is installed.
(D) Apply test weights to the scale or
convey test materials across the scale,
if requested by the scale inspector.
(E) Assist the scale inspector in performing the scale inspection and testing.
(vii) Scale inspection report. (A) A
scale is approved for use when the scale
inspector completes and signs a scale
inspection report verifying that the
scale meets all of the requirements
specified in this paragraph (b)(2) and
appendix A to this part.

732

Fishery Conservation and Management
(B) The scale inspector must provide
the original inspection report to the
vessel owner and a copy to NMFS.
(C) The vessel owner must either:
(1) Maintain a copy of the report on
board when use of the scale is required
and make the report available to the
observer, NMFS personnel, or an authorized officer, upon request, or;
(2) Display a valid NMFS-sticker on
each approved scale.
(D) When in use, an approved scale
must also meet the requirements described in paragraphs (b)(3) through
(b)(6) of this section.
(3) At-sea scale tests. To verify that
the scale meets the MPEs specified in
this paragraph (b)(3), the vessel operator must test each scale or scale system used by the vessel to weigh catch
at least one time during each calendar
day. No more than 24 hours may elapse
between tests when use of the scale is
required. The vessel owner must ensure
that these tests are performed in an accurate and timely manner.
(i) Belt scales and automatic hopper
scales. (A) The MPE in the daily at-sea
scale tests is plus or minus 3 percent of
the known weight of the test material.
(B) Test procedure. The vessel operator must conduct a material test by
weighing no less than 400 kg of test
material, supplied by the scale manufacturer or approved by a NMFS-authorized scale inspector, on the scale
under test. The test material may be
run across the scale multiple times in
order to total 400 kg; however, no single batch of test material may weigh
less than 40 kg. The known weight of
the test material must be determined
at the time of each scale test by weighing it on a platform scale approved for
use under paragraph (b)(7) of this section.
(ii) Platform and hanging scales. (A)
The MPE for platform and hanging
scales is plus or minus 0.5 percent of
the known weight of the test material.
(B) Test weights. Each test weight
must have its weight stamped on or
otherwise permanently affixed to it.
The weight of each test weight must be
annually certified by a National Institute of Standards and Technology approved metrology laboratory or approved for continued use by the NMFS
authorized inspector at the time of the

§ 679.28
annual scale inspection. The amount of
test weights that must be provided by
the vessel owner is specified in paragraphs (b)(3)(ii)(B)(1) and (b)(3)(ii)(B)(2)
of this section.
(1) Platform scales used as observer
sampling scales or to determine the known
weight of test materials. Any combination of test weights that will allow the
scale to be tested at 10 kg, 25 kg, and 50
kg.
(2) Scales used to weigh catch. Test
weights equal to the largest amount of
fish that will be weighed on the scale
in one weighment.
(iii) Requirements for all scale tests. (A)
Notify the observer at least 15 minutes
before the time that the test will be
conducted, and conduct the test while
the observer is present.
(B) Conduct the scale test by placing
the test material or test weights on or
across the scale and recording the following information on the at-sea scale
test report form:
(1) Vessel name;
(2) Month, day, and year of test;
(3) Time test started to the nearest
minute;
(4) Known weight of test material or
test weights;
(5) Weight of test material or test
weights recorded by scale;
(6) Percent error as determined by
subtracting the known weight of the
test material or test weights from the
weight recorded on the scale, dividing
that amount by the known weight of
the test material or test weights, and
multiplying by 100; and
(7) Signature of vessel operator.
(4) Scale maintenance. The vessel
owner must ensure that the vessel operator maintains the scale in proper
operating condition throughout its use;
that adjustments made to the scale are
made so as to bring the performance
errors as close as practicable to a zero
value; and that no adjustment is made
that will cause the scale to weigh fish
inaccurately.
(5) Printed reports from the scale (not
applicable to observer sampling scales).
The vessel owner must ensure that the
printed reports are provided as required by this paragraph. Printed reports from the scale must be maintained on board the vessel until the end
of the year during which the reports

733

§ 679.28

50 CFR Ch. VI (10–1–23 Edition)

were made and be made available to
observers, NMFS personnel, or an authorized officer. In addition, printed reports must be retained by the vessel
owner for 3 years after the end of the
year during which the printouts were
made.
(i) Reports of catch weight and cumulative weight. Reports must be printed
at least once every 24 hours when use
of the scale is required. Reports must
also be printed before any information
stored in the scale computer memory is
replaced. Scale weights must not be adjusted by the scale operator to account
for the perceived weight of water, mud,
debris, or other materials. Scale printouts must show:
(A) The vessel name and Federal fisheries or processor permit number;
(B) The haul or set number as recorded in the processor’s DCPL (see
§ 679.5);
(C) The total weight of the haul or
set;
(D) The total cumulative weight of
all fish or other material weighed on
the scale.
(ii) Printed report from the audit trail.
The printed report must include the information specified in sections 2.3.1.8,
3.3.1.7, and 4.3.1.8 of appendix A to this
part. The printed report must be provided to the authorized scale inspector
at each scale inspection and must also
be printed at any time upon request of
the observer, the scale inspector,
NMFS staff, or an authorized officer.
(iii) Printed reports from the calibration
log. The vessel operator must print the
calibration log on request by NMFS
employees or any individual authorized
by NMFS. The calibration log must be
printed and retained by the vessel
owner and operator before any information stored in the scale computer
memory is replaced. The calibration
log must detail either the prior 1,000
calibrations or all calibrations since
the scale electronics were first put into
service, whichever is less. The printout
from the calibration log must show:
(A) The vessel name and Federal fisheries or processor permit number;
(B) The month, day, and year of the
calibration;
(C) The time of the calibration to the
nearest minute in A.l.t.;

(D) The weight used to calibrate the
scale; and
(E) The magnitude of the calibration
in comparison to the prior calibration.
(iv) Printed reports from the fault log.
The vessel operator must print the
fault log on request by NMFS employees or any individual authorized by
NMFS. The fault log must be printed
and retained by the vessel owner and
operator before any information stored
in the scale computer memory is replaced. The fault log must detail either
the prior 1,000 faults and startups, or
all faults and startups since the scale
electronics were first put into service,
whichever is less. A fault, for the purposes of the fault log, is any condition
other than underflow detected by the
scale electronics that could affect the
metrological accuracy of the scale. The
printout from the fault log must show:
(A) The vessel name and Federal fisheries or processor permit number;
(B) The month, day, year, and time of
each startup to the nearest minute in
A.l.t.;
(C) The month, day, year, and time
that each fault began to the nearest
minute in A.l.t.;
(D) The month, day, year, and time
that each fault was resolved to the
nearest minute in A.l.t.
(6) Scale installation requirements. The
scale display must be readable from the
location where the observer collects
unsorted catch unless otherwise authorized by a NMFS-authorized scale
inspector.
(7) Platform scales used as observer
sampling scales or to determine the known
weight of test materials. Platform scales
used only as observer sampling scales
or to determine the known weight of
fish for a material test of another scale
are required to meet all of the requirements of paragraph (b) of this section
and appendix A to this part except sections 4.3.1 and 4.3.1.5 of appendix A to
this part (printer) or section 4.3.1.8
(audit trail) of appendix A to this part.
(8) Video monitoring for scales used by
the vessel crew to weigh catch. The owner
and operator of a vessel fishing for
groundfish who are required to weigh
catch under the regulations in this section must provide and maintain a

734

Fishery Conservation and Management
NMFS-approved video monitoring system as specified in paragraph (e) of this
section. Additionally, the system must:
(i) Provide sufficient resolution and
field of view to monitor: All areas
where catch enters the scale, moves
across the scale and leaves the scale;
any access point to the scale from
which the scale may be adjusted or
modified by vessel crew while the vessel is at sea; and the scale display and
the indicator for the scale operating in
a fault state.
(ii) Record and retain video for all
periods when catch that must be
weighed is on board the vessel.
(c) Scales approved by the State of Alaska. Scale requirements in this paragraph are in addition to those requirements set forth by the State of Alaska,
and nothing in this paragraph may be
construed to reduce or supersede the
authority of the State to regulate,
test, or approve scales within the State
of Alaska or its territorial sea. Scales
used to weigh groundfish catch that
are also required to be approved by the
State of Alaska under Alaska Statute
45.75 must meet the following requirements:
(1) Verification of approval. The scale
must display a valid State of Alaska
sticker indicating that the scale was
inspected and approved within the previous 12 months.
(2) Visibility. The owner and manager
of the processor must ensure that the
scale and scale display are visible simultaneously to the observer. Observers, NMFS personnel, or an authorized
officer must be allowed to observe the
weighing of fish on the scale and be allowed to read the scale display at all
times.
(3) Printed scale weights. (i) The owner
and manager of the processor must ensure that printouts of the scale weight
of each haul, set, or delivery are made
available to observers, NMFS personnel, or an authorized officer at the
time printouts are generated and
thereafter upon request for the duration of the fishing year. The owner and
manager must retain scale printouts as
records as specified in § 679.5(a)(5)(ii).
(ii) A scale identified in a CMCP (see
paragraph (g) of this section) must
produce a printed record for each delivery, or portion of a delivery, weighed

§ 679.28
on that scale. If approved by NMFS as
part of the CMCP, scales not designed
for automatic bulk weighing may be
exempted from part or all of the printed record requirements. The printed
record must include:
(A) The processor name;
(B) The weight of each load in the
weighing cycle;
(C) The total weight of fish in each
delivery, or portion of the delivery that
was weighed on that scale;
(D) The total cumulative weight of
all fish or other material weighed on
the scale since the last annual inspection;
(E) The date and time the information is printed;
(F) The name and ADF&G number of
the vessel making the delivery. This
information may be written on the
scale printout in pen by the scale operator at the time of delivery.
(4) Inseason scale testing. Scales identified in an approved CMCP (see paragraph (g) of this section) must be tested by plant personnel in accordance
with the CMCP when testing is requested by NMFS-staff or NMFS-authorized personnel. Plant personnel
must be given no less than 20 minutes
notice that a scale is to be tested and
no testing may be requested if a scale
test has been requested and the scale
has been found to be accurate within
the last 24 hours.
(i) How does a scale pass an inseason
test? To pass an inseason test, NMFS
staff or NMFS-authorized personnel
will verify that the scale display and
printed information are clear and easily read under all conditions of normal
operation, weight values are visible on
the display until the value is printed,
and the scale does not exceed the maximum permissible errors specified
below:
Test Load in Scale
Divisions
(A) 0–500 .............................................................
(B) 501–2,000 ......................................................
(C) 2,001–4,000 ...................................................
(D) >4,000 ...........................................................

Maximum
Error in
Scale Divisions
1
2
3
5

(ii) How much weight is required to
do an inseason scale test? Scales must
be tested with the amount and type of

735

§ 679.28

50 CFR Ch. VI (10–1–23 Edition)

weight specified for each scale type in
the following tables:
(A) Automatic hopper 0 to 150 kg (0
to 300 lb) capacity.
Certified Test Weights

Other test material

(1) Minimum weighment or 10 kg
(20 lb), whichever is greater
(2) Maximum

Minimum
Maximum

(B) Automatic hopper >150 kg (300 lb)
capacity.
Certified Test Weights

Other test material

(1) Minimum weighment or 10 kg
(20 lb), whichever is greater
(2) 25 percent of maximum or
150 kg (300 lb), whichever is
greater.

Minimum
Maximum

(C) Platform or flatbed 0 to 150 kg (0
to 300 lb) capacity.
Certified Test
Weights
(1) 10 kg (20 lb)
(2) Midpoint
(3) Maximum

Other test material
Not Acceptable
Not Acceptable
Not Acceptable

(D) Platform or flatbead >150 kg (300
lb) capacity.
Certified Test Weights

Other test material

(1) 10 kg (20 lb)
(2) 12.5 percent of maximum
or 75 kg (150 lb), whichever is greater
(3) 25 percent of maximum or
150 kg (300 lb), whichever
is greater

Not Acceptable
50 percent of maximum or 75
kg (150 lb), whichever is
greater
75 percent of maximum or
150 kg (300 lb), whichever
is greater

(E) Observer sampling scale >50 kg
capacity.
Certified Test Weights
(1) 10 kg
(2) 25 kg
(3) 50 kg

Other test material
Not Acceptable
Not Acceptable
Not Acceptable

(iii) Certified test weights. Each test
weight used for inseason scale testing
must have its weight stamped on or
otherwise permanently affixed to it.
The weight of each test weight must be
certified by a National Institute of
Standards and Technology approved
metrology laboratory every 2 years. An
observer platform scale must be provided with sufficient test weights to
test the scale at 10 kg, 25 kg, and 50 kg.
All other scales identified in an approved CMCP must be provided with
sufficient test weights to test the scale

as described in this paragraph (c)(4) of
this section. Test weights for observer
platform scales must be denominated
in kilograms. Test weights for other
scales may be denominated in pounds.
(iv) Other test material. When permitted in paragraph (c)(4)(ii) of this
section, a scale may be tested with test
material other than certified test
weights. This material must be
weighed on an accurate observer platform scale at the time of each use.
(v) Observer sampling scales. Platform
scales used as observer sampling scales
must:
(A) Have a capacity of no less than 50
kg;
(B) Have a division size of no less
than 5 g;
(C) Indicate weight in kilograms and
decimal subdivisions; and
(D) Be accurate within plus or minus
0.5 percent when tested at 10 kg, 25 kg,
and 50 kg by NMFS staff or an observer.
(d) Observer sampling station—(1) Accessibility. All the equipment required
for an observer sampling station must
be available to the observer at all
times while a sampling station is required and the observer is aboard the
vessel, except that the observer sampling scale may be used by vessel personnel to conduct material tests of the
scale used to weigh catch under paragraph (b)(3) of this section, as long as
the use of the observer’s sampling scale
by others does not interfere with the
observer’s sampling duties.
(2) Location—(i) Motherships and
catcher/processors or catcher vessels using
trawl gear. The observer sampling station must be located within 4 m of the
location from which the observer collects unsorted catch. Clear, unobstructed passage must be provided between the observer sampling station
and the location where the observer
collects unsorted catch. When standing
where unsorted catch is sampled, the
observer must be able to see that no
fish have been removed between the bin
and the scale used to weigh total catch.
(ii) Vessels using nontrawl gear. The
observer sampling station must be located within 5 m of the collection area,
described at § 679.28(d)(8)(ii)(B) of this
section, unless any location within this
distance is unsafe for the observer.

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Fishery Conservation and Management
Clear, unobstructed passage must be
provided between the observer sampling station and the collection area.
Access must be provided to the tally
station, described at § 679.28(d)(8)(ii)(A)
of this section. NMFS may approve an
alternative location if the vessel owner
submits a written proposal describing
the alternative location and the reasons why a location within 5 m of
where fish are brought on board the
vessel is unsafe, and the proposed observer sampling station meets all other
applicable requirements of this section.
(iii) What is clear, unobstructed passage? Where clear and unobstructed
passage is required, passageways must
be at least 65 cm wide at their narrowest point, be free of tripping hazards, and be at least 1.8 m high. Doorways or companionways must be free of
obstacles.
(3) Minimum work space. The observer
must have a working area for sampling
of at least 4.5 square meters. This
working area includes the observer’s
sampling table. The observer must be
able to stand upright and have a work
area at least 0.9 m deep in the area in
front of the table and scale.
(4) Table. The observer sampling station must include a table at least 0.6 m
deep, 1.2 m wide and 0.9 m high and no
more than 1.1 m high. The entire surface area of the table must be available
for use by the observer. Any area used
for the observer sampling scale is in
addition to the minimum space requirements for the table. The observer’s sampling table must be secured to
the floor or wall.
(5) Observer sampling scale. The observer sampling station must include a
NMFS-approved platform scale with a
capacity of at least 50 kg located within 1 m of the observer’s sampling table.
The scale must be mounted so that the
weighing surface is no more than 0.7 m
above the floor. The scale must be approved by NMFS under paragraph (b) of
this section and must meet the maximum permissible error requirement
specified in paragraph (b)(3)(ii)(A) of
this section when tested by the observer.
(6) Other requirements. The sampling
station must include flooring that prevents slipping and drains well (grating
or other material where appropriate),

§ 679.28
adequate lighting, and a hose that supplies fresh or sea water to the observer.
(7) Catcher/processors and motherships
in the BS pollock fishery, including pollock CDQ. Catcher/processors directed
fishing for pollock in the BS or
motherships taking deliveries from
vessels directed fishing for pollock in
the BS also must meet the following
requirements:
(i) A salmon storage container must
be located adjacent to the observer
sampling station;
(ii) The salmon storage container
must remain in view of the observer at
the observer sampling station at all
times during the sorting of each haul;
and
(iii) The salmon storage container
must be at least 1.5 cubic meters.
(8) Requirements for sampling catch—(i)
Motherships and catcher/processors using
trawl gear. The conveyor belt conveying
unsorted catch must have a removable
board to allow fish to be diverted from
the belt directly into the observer’s
sampling baskets. The diverter board
must be located downstream of the
scale used to weigh total catch so that
the observer can use this scale to weigh
large samples. At least 1 m of accessible belt space, located downstream of
the scale used to weigh total catch,
must be available for the observer’s use
when sampling a haul.
(ii) Catcher/processors using non-trawl
gear. In addition to the sampling station, vessels using non-trawl gear must
provide:
(A) Tally station. A place where the
observer can see the gear as it leaves
the water and can count and identify
fish. It must be within 5 m of where
fish are brought aboard the vessel and
in a location where the observer is not
in danger of falling overboard or being
injured during gear retrieval. Where
exposed to wind or seas, it must be
equipped with a railing at least 1.0 m
high, grating or other non-slip material, and adequate lighting.
(B) Collection area. A collection area
is a place where the observer, or vessel
crew under the observer’s guidance,
collects fish as they come off the line
or are removed from pots. It must be
located where the observer can see the
gear when it leaves the water. Where
exposed to wind or seas, it must be

737

§ 679.28

50 CFR Ch. VI (10–1–23 Edition)

equipped with a railing at least 1.0 m
high and grating or other non-slip material.
(9) Observer deck sampling station.
Motherships and catcher/processors
subject to § 679.120 must be equipped
with a deck sampling station that
meets the following requirements:
(i) Accessibility. All equipment required for an observer deck sampling
station must be available to the observer at all times when halibut deck
sorting.
(ii) Location. The observer deck sampling station must be located adjacent
to the point of discard.
(iii) Work space. The observer must be
able to stand upright in front of the
table.
(iv) Table—(A) Size. The observer
deck sampling station must include a
table at least 0.6 m deep, 1.2 m wide,
and 0.9 m high, and no more than 1.1 m
high. The entire surface area of the
table must be available for use by the
observer. The table must be secured to
the deck when halibut deck sorting.
The table must be constructed to prevent fish from sliding off.
(B) Length measuring device. The table
must have a NMFS-approved length
measuring device secured to the surface of the table.
(v) Single pathway. There must be a
single pathway for halibut to be conveyed to the observer deck sampling
station. All halibut sorted on deck
must pass over the observer table.
There must be a single point of discard
after the observer deck sampling station visible to the observer. Halibut
too large to be lifted to the table may
be measured on deck.
(10) Inspection of the observer sampling
station. Each observer sampling station
must be inspected and approved by
NMFS prior to its use for the first time
and then once each year within 12
months of the most recent inspection
with the following exceptions: If the
observer sampling station is moved or
if the space or equipment available to
the observer is reduced or removed
when use of the observer sampling station is required, the Observer Sampling
Station Inspection Report issued under
this section is no longer valid, and the
observer sampling station must be reinspected and approved by NMFS. In-

spection of the observer sampling station is in addition to inspection of the
at-sea scales by an authorized scale inspector required at paragraph (b)(2) of
this section.
(i) How does a vessel owner arrange for
an observer sampling station inspection?
The vessel owner must submit an Inspection Request for Observer Sampling Station with all the information
fields accurately filled in to NMFS by
fax
(206–526–4066)
or
emailing
([email protected]) at least
10 working days in advance of the requested date of inspection. The request
form is available on the NMFS Alaska
Region
Web
site
at
https://
alaskafisheries.noaa.gov.
(ii) Where will Observer sampling
station inspections be conducted? Inspections will be conducted on vessels
tied up at docks in Kodiak, Alaska,
Dutch Harbor, Alaska, and in the
Puget Sound area of Washington State.
(iii) Observer Sampling Station Inspection Report. An Observer Sampling Station Inspection Report will be issued
by NMFS to the vessel owner if the observer sampling station meets the requirements in this paragraph (d). The
vessel owner must maintain a current
Observer Sampling Station Inspection
Report on board the vessel at all times
when the vessel is required to provide
an observer sampling station approved
for use under this paragraph (d). The
Observer Sampling Station Inspection
Report must be made available to the
observer, NMFS personnel, or to an authorized officer upon request.
(A) Deck Sorting. An Observer Sampling Station Inspection Report issued
to the owner of a vessel participating
in halibut deck sorting as described at
§ 679.120 will indicate the time limit for
halibut deck sorting activities. Considerations used by NMFS to determine
the time limit for halibut deck sorting
include, but are not limited to, deck
space and configuration, and best
available halibut viability information.
(B) [Reserved].
(e) Video Monitoring System Requirements—(1) What requirements must a vessel owner and operator comply with for a
video monitoring system? (i) The system
must have sufficient data storage capacity to store all video data from an
entire trip. Each frame of stored video

738

Fishery Conservation and Management
data must record a time/date stamp in
Alaska local time (A.l.t.).
(ii) The system must include at least
one external USB port or other removable storage device approved by NMFS.
(iii) The system must output video
files to an open source format or the
vessel owner must provide software capable of converting the output video
file to an open source format or commercial software must be available for
converting the output video file to an
open source format.
(iv) Color cameras must have at a
minimum 470 TV lines of resolution,
auto-iris capabilities, and output color
video to the recording device with the
ability to revert to black and white
video output when light levels become
too low for color recognition.
(v) The video data must be maintained by the vessel operator and made
available on request by NMFS employees, or any individual authorized by
NMFS. The data must be retained on
board the vessel for no less than 120
days after the date the video is recorded, unless NMFS has notified the
vessel operator that the video data
may be retained for less than this 120day period.
(vi) The system must record at a
speed of no less than 5 unique frames
per second at all times when the use of
a video monitoring system is required.
(vii) NMFS employees, or any individual authorized by NMFS, must be
able to view any video footage from
any point in the trip using a 16-bit or
better color monitor that can display
all camera views simultaneously and
must be assisted by crew knowledgeable in the operation of the system.
(viii) Unless exempted under paragraph (D) below, a 16-bit or better color
monitor must be provided within the
observer sampling station or at the location where the observer sorts and
weighs samples. The monitor:
(A) Must have the capacity to display
all camera views simultaneously;
(B) Must be operating when the use
of a video monitoring system is required;
(C) Must be securely mounted at or
near eye level;
(D) Is not applicable to longline C/Ps
subject to § 679.100(b)(2).

§ 679.28
(2) How does a vessel owner or operator
arrange for NMFS to conduct a video
monitoring system inspection? The vessel
owner or operator must submit an Inspection Request for a Video Monitoring System to NMFS with all information fields accurately filled in at
least 10 working days in advance of the
requested date of inspection. The request form is available on the NMFS
Alaska Region Web site (https://
alaskafisheries.noaa.gov).
(3) What additional information is required for a video monitoring system inspection? (i) A diagram drawn to scale
showing all sorting locations, the location of the motion-compensated scale,
the location of each camera and its
coverage area, and the location of any
additional video equipment must be
submitted with the Inspection Request
for a Video Monitoring System form.
Diagrams for C/Ps and motherships in
the BSAI pollock fishery, including
pollock CDQ, must include the location
of the salmon storage container.
(ii) Any additional information requested by the Regional Administrator.
(4) Where will NMFS conduct video
monitoring and bin monitoring system inspections? Inspections will be conducted
on vessels tied to docks at Dutch Harbor, Alaska; Kodiak, Alaska; and in the
Puget Sound area of Washington State.
(5) A video monitoring system is approved for use when NMFS employees,
or any individual authorized by NMFS,
completes and signs a Video Monitoring Inspection Report verifying that
the video system meets all applicable
requirements of this section.
(6) A vessel owner or operator must
maintain a current NMFS-issued Video
Monitoring System Inspection Report
on board the vessel at all times the
vessel is required to provide an approved video monitoring system. The
Video Monitoring System Inspection
Report must be made available to the
observer, NMFS personnel, or to an authorized officer upon request.
(7) How does a vessel owner make a
change to the video monitoring system?
Any change to the video monitoring
system that would affect the system’s
functionality must be submitted by a
vessel owner to, and be approved by,

739

§ 679.28

50 CFR Ch. VI (10–1–23 Edition)

the Regional Administrator in writing
before that change is made.
(f) Vessel Monitoring System (VMS) Requirements—(1) What is a VMS? A VMS
consists of a NMFS-approved VMS
transmitter that automatically determines the vessels position and transmits it to a NMFS-approved communications service provider. The communications service provider receives the
transmission and relays it to NMFS.
(2) How are VMS transmitters and communications service providers approved by
NMFS? (i) NMFS publishes type approval specifications for VMS components in the FEDERAL REGISTER.
(ii) Transmitter manufacturers or
communication service providers may
submit products or services to NMFS
for evaluation based on the published
specifications.
(iii) NMFS will publish a list of
NMFS-approved transmitters and communication service providers in the
FEDERAL REGISTER. As necessary,
NMFS will publish amendments to the
list of approved components in the
FEDERAL REGISTER.
(3) What are the vessel owner’s responsibilities? If you are a vessel owner that
must participate in a VMS, you or your
crew must:
(i) Obtain a NMFS-approved VMS
transmitter with transmission capabilities required for the areas of vessel
operation and have it installed onboard
your vessel in accordance with the instructions provided by NMFS. You may
get a copy of the VMS installation and
operation instructions from the Regional Administrator upon request.
(ii) Activate the VMS transmitter
and receive confirmation from NMFS
that the VMS transmissions are being
received before engaging in operations
when a VMS is required.
(iii) Continue the VMS transmissions
until no longer engaged in operations
requiring VMS.
(iv) Stop fishing immediately if:
(A) Informed by NMFS staff or an authorized officer that NMFS is not receiving position reports from the VMS
transmitter, or
(B) The vessel operator determines
that the VMS is not transmitting properly.

(v) Make the VMS transmitter available for inspection by NMFS personnel,
observers or an authorized officer.
(vi) Ensure that the VMS transmitter
is not tampered with, disabled, destroyed or operated improperly.
(vii) Pay all charges levied by the
communication service provider.
(4) What must the vessel owner do before activating a VMS transmitter for
the first time? If you are a vessel
owner who must use a VMS and you
are activating a VMS transmitter for
the first time, you must:
(i) Register the vessel’s VMS unit
with an appropriate service provider;
(ii) [Reserved]
(iii) Call OLE at 907–586–7225, Monday
through Friday, between the hours of
0800 hours, A.l.t., and 1630 hours, A.l.t.,
at least 72 hours before leaving port
and receive confirmation that the
transmissions are being received.
(5) What must the vessel owner do when
the vessel replaces a VMS transmitter? A
vessel owner who must use a VMS and
who intends to replace a transmitter,
must follow the reporting and confirmation procedure for the replacement transmitter, as described in paragraph (f)(4) of this section.
(6) When must the VMS transmitter be
transmitting? Your vessel’s transmitter
must be transmitting if:
(i) You operate a vessel in any reporting area (see definitions at § 679.2)
off Alaska while any fishery requiring
VMS, for which the vessel has a species
and gear endorsement on its Federal
Fisheries Permit under § 679.4(b), is
open.
(ii) You operate a vessel required to
be federally permitted in reporting
areas located in the Aleutian Islands
subarea or operate a federally permitted vessel in adjacent State waters;
(iii) You operate a vessel required to
be Federally permitted with non-pelagic trawl or dredge gear onboard in
reporting areas located in the GOA or
operate a federally permitted vessel
with non-pelagic trawl or dredge gear
onboard in adjacent State waters;
(iv) When that vessel is required to
use functioning VMS equipment in the
Rockfish Program as described in
§ 679.7(n)(3);

740

Fishery Conservation and Management
(v) You operate a vessel in federal reporting areas 610, 620, or 630, and receive and process groundfish from
other vessels;
(vi) You operate an Amendment 80
catcher/processor (see § 679.5(s));
(vii) You are fishing for IFQ sablefish
in the Bering Sea or Aleutian Islands
(see § 679.42(k));
(viii) You are fishing for IFQ sablefish in the GOA using longline pot gear
(see § 679.42(l)) or fishing for IFQ or
CDQ halibut or CDQ sablefish in the
BSAI using pot gear (see § 679.42(m)); or
(ix) You are required under the Crab
Rationalization Program regulations
at 50 CFR 680.23(d).
(7) What additional requirements does
an operator have if trawling in the Aleutian Islands reporting areas? Operators
of vessels named on a Federal Fisheries
Permit under § 679.4(b), and that are
using trawl gear in the Aleutian Islands reporting areas to harvest
groundfish that is required to be deducted from a Federal TAC specified at
§ 679.20, must set their VMS to transmit
the vessel location at least 10 times per
hour.
(g) Catch monitoring and control plan
requirements (CMCP)—(1) What is a
CMCP? A CMCP is a plan submitted by
the owner and manager of a processing
plant, and approved by NMFS, detailing how the processing plant will meet
the catch monitoring and control
standards detailed in paragraph (g)(7)
of this section.
(2) Who is required to prepare and submit a CMCP for approval? The owner and
manager of shoreside or stationary
floating processors receiving fish harvested in the following fisheries must
prepare, submit, and have approved a
CMCP prior to the receipt of fish harvested in these fisheries:
(i) AFA and CDQ pollock,
(ii) AI directed pollock,
(iii) Rockfish Program, unless those
fish are harvested under the rockfish
entry level longline fishery as described under § 679.83.
(3) How is a CMCP approved by NMFS?
NMFS will approve a CMCP if it meets
all the requirements specified in paragraph (g)(7) of this section. The processor must be inspected by NMFS prior
to approval of the CMCP to ensure that
the processor conforms to the elements

§ 679.28
addressed in the CMCP. NMFS will
complete its review of the CMCP within 14 working days of receiving a complete CMCP and conducting a CMCP inspection. If NMFS disapproves a CMCP,
the plant owner or manager may resubmit a revised CMCP or file an administrative appeal as set forth under the
administrative appeals procedures described at § 679.43.
(4) How is a CMCP inspection arranged? The time and place of a CMCP
inspection may be arranged by submitting a written request for an inspection
to NMFS, Alaska Region. NMFS will
schedule an inspection within 10 working days after NMFS receives a complete application for an inspection. The
inspection request must include:
(i) Name and signature of the person
submitting the application and the
date of the application;
(ii) Address, telephone number, fax
number, and email address (if available) of the person submitting the application;
(iii) A proposed CMCP detailing how
the processor will meet each of the performance standards in paragraph (g)(7)
of this section.
(5) For how long is a CMCP approved?
NMFS will approve a CMCP for 1 year
if it meets the performance standards
specified in paragraph (e)(2) of this section. An owner or manager must notify
NMFS in writing if changes are made
in plant operations or layout that do
not conform to the CMCP.
(6) How do I make changes to my
CMCP? An owner and manager may
change an approved CMCP by submitting a CMCP addendum to NMFS.
NMFS will approve the modified CMCP
if it continues to meet the performance
standards specified in paragraph (e)(2)
of this section. Depending on the nature and magnitude of the change requested, NMFS may require a CMCP
inspection as described in paragraph
(g)(3) of this section. A CMCP addendum must contain:
(i) Name and signature of the person
submitting the addendum;
(ii) Address, telephone number, fax
number and email address (if available)
of the person submitting the addendum;
(iii) A complete description of the
proposed CMCP change.

741

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50 CFR Ch. VI (10–1–23 Edition)

(7) Catch monitoring and control standards—(i) Catch sorting and weighing requirements. All groundfish delivered to
the plant must be sorted and weighed
by species. The CMCP must detail the
amount and location of space for sorting catch, the number of staff assigned
to catch sorting and the maximum rate
that catch will flow through the sorting area.
(ii) Scales used for weighing groundfish. The CMCP must identify by serial
number each scale used to weigh
groundfish and describe the rational
for its use.
(iii) Scale testing procedures. Scales
identified in the CMCP must be accurate within the limits specified in paragraph (c)(4)(i) of this section. For each
scale identified in the CMCP a testing
plan must be developed that:
(A) Describes the procedure the plant
will use to test the scale;
(B) Lists the test weights and equipment required to test the scale;
(C) Lists where the test weights and
equipment will be stored; and
(D) Lists the plant personnel responsible for conducting the scale testing.
(iv) Printed record. The owner and
manager must ensure that the scale
produces a complete and accurate
printed record of the weight of each
species in a delivery. All of the groundfish in a delivery must be weighed on a
scale capable of producing a complete
printed record as described in paragraph (c)(3) of this section. However,
NMFS may exempt scales not designed
for automatic bulk weighing from
some or all of the printed record requirements if the CMCP identifies any
scale that cannot produce a complete
printed record, states how the processor will use the scale, and states how
the plant intends to produce a complete record of the total weight of each
delivery.
(v) Delivery point. Each CMCP must
identify a single delivery point. The delivery point is the first location where
fish removed from a delivering catcher
vessel can be sorted or diverted to
more than one location. If the catch is
pumped from the hold of a catcher vessel or a codend, the delivery point normally will be the location where the
pump first discharges the catch. If
catch is removed from a vessel by

brailing, the delivery point normally
will be the bin or belt where the brailer
discharges the catch.
(vi) Observation area. Each CMCP
must designate an observation area.
The observation area is a location designated on the CMCP where an individual may monitor the flow of fish
during a delivery. The owner and manager must ensure that the observation
area meets the following standards:
(A) Access to the observation area. The
observation area must be freely accessible to NMFS staff or NMFS-authorized personnel at any time a valid
CMCP is required.
(B) Monitoring the flow of fish. From
the observation area, an individual
must have an unobstructed view or
otherwise be able to monitor the entire
flow of fish between the delivery point
and a location where all sorting has
taken place and each species has been
weighed.
(C) For shoreside processors or stationary floating processors taking deliveries from vessels directed fishing
for pollock in the BS, including vessels
directed fishing for pollock CDQ in the
BS, the observation area must provide
a clear, unobstructed view of the salmon storage container to ensure no
salmon of any species are removed
without the observer’s knowledge.
(vii) Observer work station. Each
CMCP must identify and include an observer work station for the exclusive
use of observers. Unless otherwise approved by NMFS, the work station
must meet the following criteria:
(A) Location of observer work station.
(1) The observer work station must be
located in an area protected from the
weather where the observer has access
to unsorted catch.
(2) For shoreside processors or stationary floating processors taking deliveries from vessels directed fishing
for pollock in the BS, including vessels
directed fishing for pollock CDQ in the
BS, the observer work station must be
adjacent to the location where salmon
will be counted and biological samples
or scientific data are collected.
(B) Platform scale. The observer work
station must include a platform scale
as described in paragraph (c)(4) of this
section;

742

Fishery Conservation and Management
(C) Proximity of observer work station.
The observation area must be located
near the observer work station. The
plant liaison must be able to walk between the work station and the observation area in less than 20 seconds
without encountering safety hazards.
(D) Workspace. The observer work
station must include: A working area
of at least 4.5 square meters, a table as
specified in paragraph (d)(4) of this section, and meet the other requirements
as specified in paragraph (d)(6) of this
section.
(E) Lockable cabinet. The observer
work station must include a secure and
lockable cabinet or locker of at least
0.5 cubic meters.
(viii) Communication with observer.
The CMCP must describe what communication equipment such as radios,
pagers or cellular phones, is used to facilitate communications within the
plant. The plant owner must ensure
that the plant manager provides the
observer with the same communications equipment used by plant staff.
(ix) Plant liaison. The CMCP must
designate a plant liaison. The plant liaison is responsible for:
(A) Orienting new observers to the
plant and providing a copy of the approved CMCP;
(B) Assisting in the resolution of observer concerns; and
(C) Informing NMFS if changes must
be made to the CMCP.
(x) Scale drawing of plant. The CMCP
must be accompanied by a scale drawing of the plant showing:
(A) The delivery point;
(B) The observation area;
(C) The observer work station;
(D) The location of each scale used to
weigh catch;
(E) Each location where catch is sorted including the last location where
sorting could occur; and
(F) For shoreside processors or stationary floating processors taking deliveries from vessels directed fishing
for BS pollock, including vessels directed fishing for pollock CDQ in the
BS, the location of the salmon storage
container.
(xi) CMCP specialist notification. For
shoreside processors receiving deliveries of groundfish harvested under the
authority of a rockfish CQ permit, de-

§ 679.28
scribe how the CMCP specialist will be
notified of deliveries of groundfish harvested under the authority of a rockfish CQ permit.
(h) ELB software—(1) How do I get my
ELB software approved by NMFS?—(i)
Specifications. NMFS will provide specifications for ELB software upon request. Interested parties may contact
NMFS by mail at NMFS Alaska Region, Sustainable Fisheries Division,
Catch Accounting/Data Quality, P.O.
Box 21668, Juneau, AK 99802–1668; by
telephone at 907–586–7228. The four
types of ELB software are:
(A) Catcher vessel longline or pot
gear (see § 679.5(c)(3));
(B) Catcher/processor longline or pot
gear (see § 679.5(c)(3));
(C) Catcher vessel trawl gear (see
§ 679.5(c)(4)); and
(D) Catcher/processor trawl gear (see
§ 679.5(c)(4)).
(ii) ELB submittal package. A vendor
or developer wishing to have an ELB
approved by NMFS must submit:
(A) A fully operational test copy of
the software; and
(B) An application for ELB–approval
giving the following information (see
paragraphs (h)(1)(ii)(B)(1) through (3) of
this section):
(1) Company, contact person, address,
telephone number, and fax number for
the company developing the software;
(2) Name and type of software; and
(3) Printed name and signature of individual submitting the software for
approval.
(C) Copies of all manuals and documentation for the software.
(iii) ELB approval. NMFS will approve ELB software within 60 working
days of receipt of all required information if the software meets the following
standards in paragraphs (h)(1)(iii)(A)
through (H) of this section):
(A) Has fields for the entry of all information required for a paper DFL or
DCPL as described in § 679.5(c)(3) and
(4), as appropriate.
(B) The software must automatically
time and date stamp each printed copy
of the ELB logsheet and ELB discard
report and clearly identify the first
printed copy as an original. If any
changes are made to the data in the
ELB, subsequent printed copies must
clearly be identified as revised. The

743

§ 679.28

50 CFR Ch. VI (10–1–23 Edition)

software must be designed to prevent
the operator from overriding this feature.
(C) The software must export data as
an ASCII comma delimited text file,
xml file, or other format approved by
NMFS.
(D) The software must integrate with
the vessel’s global positioning system
(GPS) to allow vessel location fields to
be completed automatically.
(E) When the software is started, it
must clearly show the software version
number.
(F) The software must be designed to
facilitate the transfer of an export file
to NMFS as an email attachment.
(G) The software must be designed to
ensure that an operator can comply
with the requirements for ELB use as
described in § 679.5(f).
(H) The software must include sufficient data validation capability to prevent a submitter from accidentally
transmitting a data file or printing an
ELB logsheet that is incomplete or
contains clearly erroneous data.
(2) What if I need to make changes to
NMFS-approved
ELB
software?—(i)
NMFS-instigated changes. NMFS will
provide the developer with information
that affects the ELB software as soon
as it is available for distribution, e.g.,
changes in species codes or product
codes.
(ii) Developer-instigated changes. The
developer must submit a copy of the
changed software along with documentation describing the need for the
change to NMFS for review and approval as described in paragraph
(h)(1)(ii) of this section. NMFS will review and approve the new version according to the guidelines set forth in
paragraph (h)(1)(iii) of this section.
(iii) NMFS-approved ELB changes. If
changes to ELB software are approved
by NMFS, the developer must:
(A) Give the revised software a new
version number;
(B) Notify all known ELB users of
the software that a new version is
available; and
(C) Ensure that the ELB users are
provided with a revised copy within 15
days of notification.
(i) Bin monitoring—(1) Bin monitoring
standards. The vessel owner or operator
must comply with the requirements

specified in paragraph (i)(1)(i) of this
section unless the vessel owner or operator has requested, and NMFS has approved, the video monitoring option described at paragraph (i)(1)(ii) of this
section.
(i) Option 1—No crew in bin or tank. No
crew may enter any bin or tank preceding the point where the observer
samples unsorted catch, unless:
(A) The flow of fish has been stopped
between the tank and the location
where the observer samples unsorted
catch;
(B) All catch has been cleared from
all locations between the tank and the
location where the observer samples
unsorted catch;
(C) The observer has been given notice that the vessel crew must enter
the tank; and either
(D) The observer is given the opportunity to observe the activities of the
person(s) in the tank; or
(E) The observer informs the vessel
operator, or his designee, that all sampling has been completed for a given
haul, in which case crew may enter a
tank containing fish from that haul
without stopping the flow of fish or
clearing catch between the tank and
the observer sampling station.
(ii) Option 2—Video monitoring system
option. A vessel owner and operator
must provide and maintain a NMFS-approved video monitoring system as
specified in paragraph (e) of this section. Additionally, the vessel owner
and operator must ensure that the system:
(A) Records and retains all video for
all periods when fish are inside the bin;
and
(B) Provides sufficient resolution and
field of view to see crew activities from
any location within the tank where
crew could be located.
(2) Who must have a bin monitoring option inspection? A vessel owner or operator choosing to operate under the
video option (option 2) in paragraph
(i)(1)(ii) of this section must receive an
annual bin monitoring option inspection.
(3) How does a vessel owner arrange for
a bin monitoring option inspection? The
owner must submit an Inspection Request for Bin Monitoring to NMFS
with all the information fields filled in

744

Fishery Conservation and Management
at least 10 working days in advance of
the requested date of inspection. The
request form is available on the NMFS
Alaska Region Web site (https://
alaskafisheries.noaa.gov).
(4) Where will bin monitoring option inspections be conducted? Inspections will
be conducted on vessels tied to docks
at Dutch Harbor, Alaska, Kodiak, Alaska, and in the Puget Sound area of
Washington State.
(5) Bin monitoring option inspection report. A bin monitoring option inspection report will be issued to the vessel
owner if the bin monitoring option
meets the requirements of paragraph
(i)(1)(ii) of this section. The vessel
owner must maintain a current bin option inspection report on board the vessel at all times the vessel is required to
provide an approved bin monitoring option under this paragraph (i)(5). The
bin monitoring option inspection report must be made available to the observer, NMFS personnel, or to an authorized officer upon request.
(j) Video monitoring on catcher/processors and motherships in the BS pollock
fishery, including pollock CDQ. The
owner and operator of a catcher/processor or a mothership must provide and
maintain a video monitoring system
approved under paragraph (e) of this
section. These video monitoring system requirements must be met when
the catcher/processor is directed fishing for pollock in the BS, including
pollock CDQ, and when the mothership
is taking deliveries from catcher vessels directed fishing for pollock in the
BS, including pollock CDQ. Additionally, the system must—
(1) Record and retain video for all periods when fish are flowing past the
sorting area or salmon are in the storage container.
(2) The system must provide sufficient resolution and field of view to observe all areas where salmon are sorted
from the catch, all crew actions in
these areas, and discern individual fish
in the salmon storage container.
(k) Video monitoring in the longline
catcher/processor subsector. The owner
and operator of a catcher/processor
subject to § 679.100(b)(2) must provide
and maintain a video monitoring system approved under paragraph (e) of
this section. These video monitoring

§ 679.31
system requirements must be met
when the vessel is operating in either
the BSAI or GOA groundfish fisheries
when directed fishing for Pacific cod is
open in the BSAI, or while the vessel is
groundfish CDQ fishing. Additionally,
the system must:
(1) Record and retain video for all periods when Pacific cod are being sorted
and weighed.
(2) Provide sufficient resolution and
field of view to monitor all areas where
Pacific cod are sorted from the catch,
all fish passing over the motion-compensated scale, and all crew actions in
these areas.
(l) Video monitoring for halibut deck
sorting. The owner and operator of a
mothership or catcher/processor subject to § 679.120 must provide and maintain a video monitoring system approved under paragraph (e) of this section when the vessel is halibut deck
sorting. Additionally, the system
must—
(1) Record and retain video for an entire trip when halibut deck sorting
may occur; and
(2) Provide sufficient resolution and
field of view to monitor all areas on
deck where halibut may be sorted from
the catch and discarded, and all crew
actions in these areas.
[63 FR 5843, Feb. 4, 1998]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.28, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

Subpart C—Western Alaska Community Development Quota
Program
§ 679.30

[Reserved]

§ 679.31 CDQ and PSQ reserves, allocations, and transfers.
(a) CDQ, PSQ, and CDQ ABC reserves—(1) Groundfish CDQ reserves. See
§ 679.20 (b)(1)(ii).
(2) Halibut CDQ reserve—(i) NMFS
will annually withhold from the IFQ
allocation the proportions of the halibut catch limit that are specified in
paragraph (a)(2)(ii) of this section for
use as a CDQ reserve.
(ii) The proportions of the halibut
catch limit annually withheld for the

745

§ 679.31

50 CFR Ch. VI (10–1–23 Edition)

halibut CDQ program, exclusive of
issued QS, are as follows for each IPHC
regulatory area (see Figure 15 to this
part):
(A) Area 4B. In IPHC regulatory area
4B, 20 percent of the annual halibut
quota shall be apportioned to a CDQ reserve.
(B) Area 4C. In IPHC regulatory area
4C, 50 percent of the annual halibut
quota shall be apportioned to a CDQ reserve.
(C) Area 4D. In IPHC regulatory area
4D, 30 percent of the annual halibut
quota shall be apportioned to a CDQ reserve.
(D) Area 4E. In IPHC regulatory area
4E, 100 percent of the annual halibut
quota shall be apportioned to a CDQ reserve. A fishing trip limit of 10,000 lb
(4.54 mt) applies to halibut CDQ harvested through September 1.
(3) Crab CDQ reserves. Crab CDQ reserves for crab species governed by the
Crab Rationalization Program are
specified at § 680.40(a)(1) of this chapter.
For Norton Sound red king crab, 7.5
percent of the guideline harvest level
specified by the State of Alaska is allocated to the crab CDQ reserve.
(4) PSQ reserve. (See § 679.21(e)(3)(i)(A)
and (b)(1)(iv))
(5)
CDQ
ABC
reserves.
(See
§ 679.20(b)(1)(iii)(A))
(b) Allocations of CDQ, PSQ, and CDQ
ABC reserves among the CDQ groups—(1)
Annual allocations of groundfish, halibut,
and crab CDQ reserves among the CDQ
groups. The CDQ reserves in paragraphs
(a)(1) through (a)(3) of this section and
§ 679.20(b)(1)(ii)
shall
be
allocated
among the CDQ groups based on the
CDQ percentage allocations required
under 16 U.S.C. 1855(i)(1)(C), unless
modified under 16 U.S.C. 1855(i)(1)(H). A
portion of the groundfish CDQ reserves
will be allocated according to paragraph (b)(2) of this section.
(2) Annual allocations of nontarget
groundfish species among the CDQ
groups. Seven-tenths of one percent of
each of the annual TACs allocated as
groundfish
CDQ
reserves
under
§ 679.20(b)(1)(ii)(C) and (D), with the exception of the trawl gear sablefish CDQ
reserves, shall be allocated among the
CDQ groups by the panel established in
section 305(i)(1)(G) of the MagnusonStevens Act.

(3) Annual allocations of PSQ reserves
among the CDQ groups. The annual PSQ
reserves shall be allocated among the
CDQ groups based on the percentage allocations approved by NMFS on August
8, 2005. These percentage allocations
are described and listed in a notice
published in the FEDERAL REGISTER on
August 31, 2006 (71 FR 51804).
(4) Annual allocations of CDQ ABC reserves among the CDQ groups. (i) An
amount equivalent to 10 percent of the
ABC reserve for flathead sole, rock
sole, and yellowfin sole as determined
under the annual harvest specifications
at § 679.20(c) shall be allocated among
the CDQ groups based on the CDQ percentage allocations under 16 U.S.C.
1855(i)(1)(C), unless modified under 16
U.S.C. 1855(i)(1)(H); and
(ii) An amount equivalent to 0.7 percent of the ABC reserve for flathead
sole, rock sole, and yellowfin sole as
determined under the annual harvest
specifications at § 679.20(c) shall be allocated among the CDQ groups by the
panel established in section 305(i)(1)(G)
of the Magnuson-Stevens Act.
(c) Transfers. CDQ groups may request that NMFS transfer CDQ or PSQ
from one group to another group by
each group submitting a completed
transfer request as described in
§ 679.5(n)(1). NMFS will approve the
transfer request if the CDQ group
transferring quota to another CDQ
group has sufficient quota available for
transfer. If NMFS approves the request, NMFS will make the requested
transfer(s) by decreasing the account
balance of the CDQ group from which
the CDQ or PSQ species is transferred
and by increasing the account balance
of the CDQ group receiving the transferred CDQ or PSQ species. The PSQ
will be transferred as of the date NMFS
approves the transfer request and is effective only for the remainder of the
calendar year in which the transfer occurs.
(d) Accessing CDQ ABC reserves. Each
CDQ group may request that NMFS approve a Flatfish Exchange to add flathead sole, rock sole, or yellowfin sole
to its CDQ account in exchange for reducing its CDQ account by an equal
amount of flathead sole, rock sole, or

746

Fishery Conservation and Management
yellowfin sole. CDQ groups may request Flatfish Exchanges by submitting a completed Flatfish Exchange
Application as described at § 679.4(p).
[77 FR 6498, Feb. 8, 2012, as amended at 79 FR
56681, Sept. 23, 2014; 81 FR 24733, Apr. 27, 2016]

§ 679.32 Groundfish and halibut CDQ
catch monitoring.
(a) Applicability. This section contains requirements for CDQ groups,
vessel operators, and managers of processors that harvest or process fixed
gear sablefish CDQ, pollock CDQ, or
groundfish CDQ. Regulations governing
the catch accounting of halibut CDQ
are at § 679.40(h).
(b) PSQ catch. Time and area closures
required once a CDQ group has reached
its salmon PSQ or crab PSQ are listed
in § 679.7(d)(5). The catch of salmon or
crab by vessels using other than trawl
gear does not accrue to the PSQ for
these species. The discard of halibut by
vessels using pot gear, jig gear, or
hook-and-line gear to harvest sablefish
CDQ will not accrue to the halibut PSQ
if this bycatch has been exempted from
the halibut PSC limit in the annual
BSAI specifications published in the
FEDERAL REGISTER.
(c) Fisheries monitoring requirements
and catch accounting sources for vessels
sablefish, pollock, or groundfish CDQ
fishing—(1) Sablefish CDQ fishing with
fixed gear.
(i) Observer coverage. Operators and
owners of catcher vessels sablefish CDQ
fishing must comply with observer coverage requirements at § 679.51(a)(1). Operators and owners of catcher/processors sablefish CDQ fishing must comply with observer coverage requirements at § 679.51(a)(2).
(ii) Data sources used for CDQ catch
accounting. NMFS will use the following data sources to account for
catch made by vessels sablefish CDQ
fishing with fixed gear:
(A) Sablefish CDQ. NMFS will use the
same information sources that are used
to debit sablefish IFQ accounts (see
§ 679.40(h)) to debit fixed gear sablefish
CDQ accounts. This information must
be reported through standard reporting
requirements in § 679.5.
(B) Groundfish CDQ. NMFS will use
the catch information submitted under
standard reporting requirements in

§ 679.32
§ 679.5 to debit any other groundfish
CDQ species caught while sablefish
CDQ fishing from applicable groundfish
CDQ accounts.
(2) Pollock CDQ fishing—(i) Operational requirements for catcher/processors and motherships. Operators of
catcher/processors directed fishing for
pollock CDQ and motherships taking
deliveries of codends from catcher vessels directed fishing for pollock must
comply with the following:
(A) Comply with observer coverage
requirements at § 679.51(a)(2).
(B) Notify the observers of CDQ catch
before CDQ catch is brought onboard
the vessel and notify the observers of
the CDQ group and CDQ number associated with the CDQ catch.
(C) Comply with the catch weighing
and observer sampling station requirements at § 679.63(a).
(ii) Data sources used for CDQ catch
accounting—(A) Catcher/processors and
motherships. NMFS will use observer
data as the basis to debit pollock CDQ,
groundfish CDQ, and PSQ account balances.
(B) Catcher vessels delivering to shoreside processors. NMFS will use the catch
information submitted under standard
reporting requirements in § 679.5 to
debit pollock CDQ, other groundfish
CDQ species, and PSQ caught while
pollock CDQ fishing from applicable
CDQ account balances.
(3) Groundfish CDQ fishing—(i) Operational requirements—(A) Catcher vessels
using trawl gear and delivering sorted
catch to a processor. Operators of vessels
in this category must comply with all
of the following requirements:
(1) Comply with the observer coverage requirements at § 679.51(a)(2).
(2) Retain all CDQ species and salmon
PSQ until they are delivered to a processor that meets the requirements of
paragraph (d) of this section unless retention of groundfish CDQ species is
not authorized under § 679.4 of this part;
discard of the groundfish CDQ species
is required under subpart B of this
part; or, in waters within the State of
Alaska, discard is required by laws of
the State of Alaska.
(3) Retain all halibut and crab PSQ in
a bin or other location until it is
counted and sampled by the observer.

747

§ 679.32

50 CFR Ch. VI (10–1–23 Edition)

(4) Provide space on the deck of the
vessel for the observer to sort and store
catch samples and a place from which
to hang the observer sampling scale.
(B) Catcher/processors using trawl gear.
Operators of vessels in this category
must comply with the following requirements:
(1) Comply with the observer coverage requirements at § 679.51(a)(2).
(2) [Reserved]
(3) Comply with the catch monitoring
requirements at § 679.93(c).
(C) Motherships taking deliveries of
unsorted codends. Operators of vessels
in this category must comply with the
following requirements:
(1) Comply with the observer coverage requirements at § 679.51(a)(2).
(2) [Reserved]
(3) Provide an observer sampling station as described at § 679.28(d).
(4) The operator of a mothership taking deliveries of unsorted codends from
catcher vessels must weigh all catch,
except halibut sorted on deck by vessels participating in halibut deck sorting described at § 679.120, on a scale
that complies with the requirements of
§ 679.28(b). Catch must not be sorted before it is weighed, unless a provision
for doing so is approved by NMFS for
the vessel. Each CDQ haul must be
sampled by an observer for species
composition and the vessel operator
must allow observers to use any scale
approved by NMFS to weigh partial
CDQ haul samples.
(D) Observed catcher vessels using
nontrawl gear. This paragraph applies
to all observed catcher vessels using
nontrawl gear, except those catcher
vessels regulated under paragraph
(c)(3)(iii) of this section. Operators of
vessels in this category must retain all
CDQ species until they are delivered to
a processor that meets the requirements of paragraph (d) of this section
unless retention of groundfish CDQ species is not authorized under § 679.4, discard of the groundfish CDQ or PSQ species is required under subpart B of this
part, or, in waters within the State of
Alaska, discard is required by laws of
the State of Alaska. All of the halibut
PSQ must be counted and sampled for
length or weight by the observer.
(E) Catcher/processors using nontrawl
gear. Operators of vessels in this cat-

egory must comply with the following
requirements:
(1) Operators of catcher/processors
using hook-and-line gear must comply
with § 679.100. Operators of catcher/
processors using pot gear must comply
with observer coverage requirements at
§ 679.51(a)(2)(vi)(A)(4); and
(2) [Reserved]
(3) Provide an observer sampling station as described at § 679.28(d).
(4) Notify the Observer Program by
phone at 1 (907) 581–2060 (Dutch Harbor,
AK) or 1 (907) 481–1770 (Kodiak, AK) at
least 24 hours prior to departure when
the vessel will be carrying an observer
who has not previously been deployed
on that vessel within the last 12
months. Subsequent to the vessel’s departure notification, but prior to departure, NMFS may contact the vessel
to arrange for a pre-cruise meeting.
The pre-cruise meeting must minimally include the vessel operator or
manager and any observers assigned to
the vessel.
(ii) Data sources used for CDQ catch
accounting. NMFS will use the following sources to account for the catch
of groundfish CDQ and PSQ species
caught by vessels groundfish CDQ fishing.
(A) Catcher vessels delivering unsorted
codends. The weight and numbers of
groundfish CDQ (including pollock) and
PSQ species will be determined by applying the species composition sampling data collected for each CDQ haul
by the observer on the mothership to
the total weight of each CDQ haul as
determined by weighing all catch from
each CDQ haul on a scale approved
under § 679.28(b).
(B) Observed catcher vessels using trawl
gear. The estimated weight of halibut
and numbers of crab PSQ discarded at
sea will be determined by using the observer’s sample data. The weight or
numbers of all landed groundfish CDQ
and salmon PSQ will be derived from
the delivery information submitted
through the eLandings system, as required at § 679.5(e).
(C) Catcher/processors and motherships
using trawl gear. The weight and numbers of CDQ and PSQ species will be determined by applying the observer’s
sampling data to the total weight of
the CDQ haul.

748

Fishery Conservation and Management
(D) Observed catcher vessels using
nontrawl gear. This paragraph applies
to all observed catcher vessels using
nontrawl gear, except those catcher
vessels regulated under paragraph
(c)(3)(iii) of this section. The weight of
halibut PSQ discarded at sea will be determined by using the observer’s sample data. The weight or numbers of all
landed groundfish CDQ and salmon
PSQ will be derived from the delivery
information submitted through the
eLandings system, as required at
§ 679.5(e).
(E) Catcher/processors using nontrawl
gear. The weight of halibut PSQ and all
groundfish CDQ species, except sablefish, will be determined by applying
the observer’s species composition
sampling data to the estimate of total
catch weight, if any CDQ species are
discarded at sea. Sablefish CDQ caught
with fixed gear is accounted for as described in paragraph (c)(1) of this section.
(iii) Groundfish CDQ fishing by catcher
vessels less than or equal to 46 ft LOA
using hook-and-line gear—(A) Applicability. Regulations in this paragraph
apply to the operators of catcher vessels less than or equal to 46 ft (14.0 m)
LOA using hook-and-line gear when
groundfish CDQ fishing and to the CDQ
groups authorizing the operators of
these vessels to harvest groundfish
CDQ or halibut CDQ.
(B) Halibut CDQ or halibut IFQ. If any
halibut CDQ or halibut IFQ are retained during a fishing trip on board a
vessel
described
in
paragraph
(c)(3)(iii)(A) of this section, the following requirements apply:
(1) The vessel operator must retain
all legal-size halibut caught during
that entire fishing trip.
(2) The vessel operator must have
sufficient halibut IFQ or halibut CDQ
available to account for the catch of
all legal-size halibut caught during the
entire fishing trip.
(3) If the vessel operator is relying on
halibut CDQ from a CDQ group to support the retained catch of legal-size
halibut during a fishing trip, the CDQ
group must provide adequate halibut
CDQ to this vessel operator to account
for all of the legal-size halibut caught
by the vessel during the entire fishing
trip.

§ 679.32
(C) Halibut PSC. If halibut CDQ or
halibut IFQ are not retained during a
fishing trip on board a vessel described
in paragraph (c)(3)(iii)(A) of this section, the following requirements apply:
(1) The vessel operator must discard
all halibut caught during the fishing
trip.
(2) Small catcher vessel halibut PSC
limit. The CDQ group representative
may transfer halibut from a CDQ
group’s halibut PSQ to its small catcher vessel halibut PSC limit. To do so,
the CDQ representative must submit a
transfer request using the procedures
described in § 679.5(n). In reviewing a
request to transfer halibut PSQ to a
CDQ group’s small catcher vessel halibut PSC limit, NMFS will consider
whether the amount of halibut to be
transferred to the small catcher vessel
halibut PSC limit is sufficient to support groundfish CDQ fishing by the
catcher vessels that the CDQ group
plans to authorize to conduct groundfish CDQ fishing. The transfer is not effective until approved by NMFS. The
CDQ group representative also may
transfer halibut from a CDQ group’s
small catcher vessel halibut PSC limit
back to its halibut PSQ by submitting
a transfer request using the procedures
described in § 679.5(n). In reviewing a
request to transfer halibut from the
small catcher vessel halibut PSC limit
back to the CDQ group’s halibut PSQ,
NMFS will consider the status of CDQ
fisheries through the end of the year
and anticipated halibut PSC rates for
any remaining groundfish CDQ fishing
by vessels managed under the small
catcher vessel halibut PSC limit for
the requesting CDQ group.
(3) Fishery closures. Directed fishing
for groundfish CDQ, except sablefish
CDQ managed under paragraph (c)(1) of
this section, by catcher vessels less
than or equal to 46 ft LOA using hookand-line gear is prohibited unless the
Regional Administrator publishes notification in the FEDERAL REGISTER authorizing such directed fishing. In deciding whether to authorize directed
fishing, NMFS will consider whether a
CDQ group has sufficient halibut in its
small catcher vessel halibut PSC limit
to support directed fishing for groundfish CDQ by these catcher vessels.
Upon determining that a CDQ group’s

749

§ 679.32

50 CFR Ch. VI (10–1–23 Edition)

small catcher vessel halibut PSC limit
has been or will be reached, the Regional Administrator will publish notification in the FEDERAL REGISTER prohibiting directed fishing for all groundfish CDQ species, except sablefish CDQ,
by catcher vessels less than or equal to
46 ft LOA using hook-and-line gear
fishing for that CDQ group. If the estimated halibut PSC by vessels described
in paragraph (c)(3)(iii)(A) of this section exceeds the balance of the small
catcher vessel halibut PSC limit on December 31 of any year, and if the CDQ
group has remaining halibut PSQ on
that date, NMFS will transfer an
amount of halibut PSQ into the CDQ
group’s small catcher vessel halibut
PSC limit to bring the balance of the
small catcher vessel halibut PSC limit
to zero. NMFS will make the determination about whether such an administrative transfer is necessary after
data from the fishing year is finalized.
(d) Monitoring requirements for shoreside processors and stationary floating
processors—(1) Requirements for processors taking deliveries of pollock CDQ—
(i) Catch weighing. Managers of shoreside processors or stationary floating
processors taking deliveries of pollock
CDQ must comply with the requirements at § 679.63(c).
(ii) Catch monitoring and control plan.
Managers of AFA inshore processors or
stationary floating processors taking
deliveries of pollock CDQ must follow
an approved catch monitoring and control plan as described at § 679.28(g).
(iii) Comply with observer coverage
requirements at § 679.51(b)(2).
(2) Requirements for processors taking
deliveries of groundfish CDQ. Managers
of shoreside processors and stationary
floating processors taking deliveries of
groundfish CDQ must comply with the
following requirements:
(i) Comply with observer coverage requirements at § 679.51(b)(1).
(ii) Provide prior notice to observer of
offloading schedule. Notify the observer
of the offloading schedule of each CDQ
delivery at least 1 hour prior to offloading to provide the observer an opportunity to monitor the sorting and
weighing of the entire delivery.
(iii) CDQ and PSQ by weight. Sort and
weigh on a scale approved by the State
of Alaska under § 679.28(c) all ground-

fish and halibut CDQ or PSQ by species
or species group.
(iv) PSQ by number. Sort and count
all salmon and crab PSQ.
(v) CDQ and PSQ sorting and weighing.
Sorting and weighing of CDQ and PSQ
must be monitored by an observer.
(e) Use of non-CDQ harvest regulations
for vessels in voluntary fishing cooperatives—(1) Applicability. If approved by
NMFS under this paragraph (e), vessels
participating in a voluntary fishing cooperative in a non-CDQ sector are authorized to conduct groundfish CDQ
fishing under the same regulations
that apply while such vessels are used
to directed fish in the non-CDQ fisheries and are not required to comply
with the CDQ harvest regulations in
paragraph (c)(3)(i) of this section.
(2) Who may apply? A CDQ group representative, a representative of an association representing CDQ groups, or
the authorized representative of a voluntary fishing cooperative may submit
an application to use alternative CDQ
harvest regulations.
(3) Application process—(i) Application
documents. A completed application is
comprised of an application form and a
copy of the cooperative contract or an
affidavit, as described below:
(A) Application form. The application
to use alternative CDQ harvest regulations is available on the NMFS Alaska
Region
Web
site
at
www.alaskafisheries.noaa.gov. All information fields must be accurately completed, including information about the
applicant, the voluntary fishing cooperative, and the vessels participating
in the voluntary cooperative.
(B) Cooperative contract or affidavit.
The application must include either a
copy of the current voluntary fishing
cooperative contract demonstrating
participation in the cooperative by the
owners of each of the vessels named on
the application form or an affidavit
that includes the information required
in this paragraph (e)(3)(i)(B). NMFS
must be able to determine the following information from the voluntary
fishing cooperative contract or the affidavit: the name of the authorized representative of the cooperative; the
printed names and signatures of each
vessel owner that is a party to the voluntary cooperative; the vessel name,

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Fishery Conservation and Management
FFP number, and LLP license number
for each vessel managed under the cooperative; and the target species, processing mode, gear types, and management area(s) associated with the voluntary cooperative’s federal fishing operations. If an applicant submits a
copy of the voluntary fishing cooperative contract but it does not contain
this information, the applicant also
must submit a written affidavit that
provides all of the information required in this paragraph (e)(3)(i)(B)
that is not included in the cooperative
contract.
(ii) Application submission. The application for use of non-CDQ harvest regulations must be submitted to the Regional Administrator per the instructions on the application form.
(iii) Submittal and duration—(A) Submittal. An application requesting approval for the use of non-CDQ harvest
regulations may be submitted to NMFS
at any time.
(B) Duration. Once approved, an application to use alternative CDQ harvest regulations is effective as of the
date on which NMFS approves the application. The approval is effective
until the requesting entity withdraws
its application, or until there is a
change in the membership of the voluntary cooperative, whichever occurs
first.
(iv) NMFS review. NMFS will review
an application to use non-CDQ harvest
regulations to determine that all of the
information submitted complies with
the requirements of paragraphs (e)(2)
and (3) of this section, and that the
vessels listed on the application form
represent a majority of the vessels participating in the applicable sector. If
NMFS determines that the application
is deficient, NMFS will notify the applicant in writing to identify the discrepancies and provide the applicant
with an opportunity to correct them.
(v) NMFS determinations and administrative appeal. NMFS will approve an
application to use non-CDQ harvest
regulations when it determines that all
of the information submitted with the
application complies with the requirements of paragraphs (e)(2) and (3) of
this section, the vessels listed on the
application form represent a majority
of vessels participating in an applica-

§ 679.33
ble sector, and the CDQ harvest regulations are more restrictive than the
non-CDQ regulations for the applicable
sector. NMFS will issue an initial administrative determination (IAD) disapproving the application and the reasons for its disapproval if the application is incomplete, the voluntary cooperative does not represent a majority
of the vessels participating in the sector, or the CDQ harvest regulations are
not more restrictive than the non-CDQ
regulations for the applicable sector.
An applicant who receives an IAD disapproving an application may appeal
under the procedures set forth at
§ 679.43.
(vi) Amendments. The entity applied
for use of non-CDQ harvest regulations
must promptly notify NMFS of any
changes in the voluntary fishing cooperative’s membership by re-applying
in accordance with this paragraph (e).
Amendments to an approved application to use alternative CDQ harvest
regulations may be submitted to NMFS
at any time, and will be reviewed under
the requirements of this paragraph (e).
[77 FR 6499, Feb. 8, 2012, as amended at 77 FR
59060, Sept. 26, 2012; 77 FR 70091, Nov. 21, 2012;
81 FR 26744, May 4, 2016; 83 FR 30532, June 29,
2018; 84 FR 55053, Oct. 15, 2019]

§ 679.33 CDQ cost recovery.
(a) Cost Recovery Fee Program for CDQ
groundfish and halibut—(1) Who is Responsible? The person documented with
NMFS as the CDQ group representative
at the time of a CDQ landing.
(i)
Subsequent
transfer,
under
§ 679.31(c), of a CDQ allocation by a
CDQ group does not affect the CDQ
group representative’s liability for
noncompliance with this section.
(ii) Changes in amount of a CDQ allocation to a CDQ group do not affect the
CDQ group representative’s liability
for noncompliance with this section.
(2) Fee collection. Each CDQ group
that receives a CDQ allocation of
groundfish and halibut is responsible
for submitting the cost recovery payment for all CDQ landings debited
against that CDQ group’s allocations.
(3) Payment—(i) Payment due date. A
CDQ group representative must submit
all CDQ fee payment(s) to NMFS at the
address provided in paragraph (a)(3)(iii)
of this section no later than December

751

§ 679.33

50 CFR Ch. VI (10–1–23 Edition)

31 of the calendar year in which the
CDQ groundfish and halibut landings
were made.
(ii) Payment recipient. Make electronic payment payable to NMFS.
(iii) Payment address. Submit payment and related documents as instructed on the fee submission form.
Payments must be made electronically
through the NMFS Alaska Region Web
site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will
be made available on both the payment
Web site and a fee liability summary
letter mailed to the CDQ group representative.
(iv) Payment method. Payment must
be made electronically in U.S. dollars
by automated clearing house, credit
card, or electronic check drawn on a
U.S. bank account.
(b) CDQ standard ex-vessel value determination and use—(1) General. A CDQ
group representative must use the CDQ
standard prices determined by NMFS
under paragraph (b)(2) of this section.
(2) CDQ standard prices—(i) General.
Each year the Regional Administrator
will publish CDQ standard prices for
groundfish and halibut in the FEDERAL
REGISTER by December 1 of the year in
which the CDQ groundfish and halibut
landings were made. The CDQ standard
prices will be described in U.S. dollars
per CDQ equivalent pound for CDQ
groundfish and halibut landings made
during the current calendar year.
(ii) Effective duration. The CDQ standard prices published by NMFS shall
apply to all CDQ groundfish and halibut landings made during the current
calendar year.
(iii) Determination. NMFS will calculate the CDQ standard prices for
each CDQ fishery as follows:
(A) CDQ halibut and CDQ fixed gear
sablefish. NMFS will calculate the CDQ
standard prices for CDQ halibut and
CDQ fixed gear sablefish to reflect, as
closely as possible by port or portgroup, the variations in the actual exvessel values of CDQ halibut and fixedgear sablefish based on information
provided in the IFQ Registered Buyer
Ex-vessel Volume and Value Report described at § 679.5(l)(7). The Regional Administrator will base CDQ standard
prices on the following information:

(1) Landed pounds of IFQ halibut and
sablefish and CDQ halibut in the Bering Sea port-group;
(2) Total ex-vessel value of IFQ halibut and sablefish and CDQ halibut in
the Bering Sea port-group; and
(3) Price adjustments, including retroactive payments.
(B) CDQ Pacific cod. NMFS will use
the standard prices calculated for Pacific cod based on information provided
in the Pacific Cod Ex-vessel Volume
and
Value
Report
described
at
§ 679.5(u)(1) for CDQ Pacific cod.
(C) CDQ pollock. NMFS will use the
standard prices calculated for AFA pollock described at § 679.66(b) for CDQ
pollock.
(D) Other CDQ groundfish including
sablefish caught with trawl gear. (1)
NMFS will base all CDQ standard
prices for all other CDQ groundfish species on the First Wholesale Volume and
Value reports specified in § 679.5(u)(2).
(2) NMFS will establish CDQ standard prices for all other CDQ groundfish
species on an annual basis; except the
Regional Administrator will establish
a first CDQ standard price for rock sole
for all landings from January 1
through March 31, and a second CDQ
standard price for rock sole for all
landings from April 1 through December 31.
(3) The average first wholesale product prices reported will be multiplied
by 0.4 to obtain a proxy for the ex-vessel prices of those CDQ groundfish species.
(c) CDQ fee percentage—(1) Established
percentage. The CDQ fee percentage for
CDQ groundfish and halibut is the
amount as determined by the factors
and methodology described in paragraph (c)(2) of this section. This
amount will be announced by publication in the FEDERAL REGISTER in accordance with paragraph (c)(3) of this
section. This amount must not exceed
3.0 percent pursuant to 16 U.S.C.
1854(d)(2)(B).
(2) Calculating fee percentage value.
Each year NMFS will calculate and
publish the CDQ fee percentage according to the following factors and methodology:
(i) Factors. NMFS will use the following factors to determine the fee percentage:

752

Fishery Conservation and Management
(A) The catch to which the CDQ
groundfish and halibut cost recovery
fee will apply;
(B) The ex-vessel value of that catch;
and
(C) The costs directly related to the
management, data collection, and enforcement of the CDQ Program for
groundfish and halibut.
(ii) Methodology. NMFS will use the
following equations to determine the
fee percentage: 100 × DPC/V, where:
(A) DPC = the direct program costs
for the CDQ Program for groundfish
and halibut for the most recent Federal
fiscal year (October 1 through September 30) with any adjustments to the
account from payments received in the
previous year.
(B) V = total of the CDQ standard exvessel value of the catch subject to the
CDQ fee liability for the current year.
(3) Publication—(i) General. NMFS
will calculate and announce the CDQ
fee percentage in a FEDERAL REGISTER
notice by December 1 of the year in
which the CDQ groundfish and halibut
landings were made. NMFS will calculate the CDQ fee percentage based on
the calculations described in paragraph
(c)(2) of this section.
(ii) Effective period. NMFS will apply
the calculated CDQ fee percentage to
CDQ groundfish and halibut landings
made between January 1 and December
31 of the same year.
(4) Applicable percentage. The CDQ
group representative must use the CDQ
fee percentage applicable at the time a
CDQ groundfish and halibut landing is
debited from a CDQ group’s allocation
to calculate the CDQ fee liability for
any retroactive payments for that CDQ
species.
(5) Fee liability determination for a
CDQ group. (i) Each CDQ group will be
subject to a CDQ fee for any CDQ
groundfish and halibut debited from
that CDQ group’s allocation during a
calendar year.
(ii) The CDQ fee assessed to a CDQ
group will be based on the proportion
of the standard ex-vessel value of CDQ
groundfish and halibut debited from a
CDQ group’s allocation relative to all
CDQ groups during a calendar year as
determined by NMFS.
(iii) NMFS will provide a CDQ fee liability summary letter to each CDQ

§ 679.33
group representative by December 1 of
each year. The summary will explain
the CDQ fee liability determination including the current fee percentage, and
details of CDQ pounds debited from the
CDQ group allocations by permit, species, date, and prices.
(d) Underpayment of fee liability—(1)
No CDQ group will receive its allocations of CDQ groundfish or halibut
until the CDQ group representative
submits full payment of that CDQ
group’s complete CDQ fee liability.
(2) If a CDQ group representative
fails to submit full payment for its
CDQ fee liability by the date described
in paragraph (a)(3) of this section, the
Regional Administrator may:
(i) At any time thereafter send an
IAD to the CDQ group representative
stating that the CDQ group’s estimated
fee liability, as indicated by his or her
own submitted information, is the CDQ
fee liability due from the CDQ group.
(ii) Disapprove any application to
transfer CDQ to or from the CDQ group
in accordance with § 679.31(c).
(3) If a CDQ group fails to submit full
payment by December 31 of each year,
the Regional Administrator will not
issue allocations of CDQ groundfish
and halibut to that CDQ group for the
following calendar year.
(4) Upon final agency action determining that a CDQ group representative has not paid the CDQ fee liability
due for that CDQ group, the Regional
Administrator may continue to not
issue allocations of CDQ groundfish
and halibut for that CDQ group for any
subsequent calendar years until NMFS
receives the unpaid fees. If payment is
not received by the 30th day after the
final agency action, the agency may
pursue collection of the unpaid fees.
(e) Over payment. Upon issuance of
final agency action, payment submitted to NMFS in excess of the CDQ
fee liability determined to be due by
the final agency action will be returned
to the CDQ group representative unless
the CDQ group representative requests
the agency to credit the excess amount
against the CDQ group’s future CDQ fee
liability.
(f) Appeals. A CDQ group representative who receives an IAD for incomplete payment of a CDQ fee liability

753

§ 679.40

50 CFR Ch. VI (10–1–23 Edition)

may appeal under the appeals procedures set out at 15 CFR part 906.
(g) Annual report. Each year, NMFS
will publish a report describing the
CDQ Cost Recovery Fee Program for
groundfish and halibut.
[81 FR 167, Jan. 5, 2016]

Subpart D—Individual Fishing
Quota Management Measures
§ 679.40

Sablefish and halibut QS.

The Regional Administrator shall annually divide the annual commercial
fishing catch limit of halibut as defined in § 300.61 of this title and published in the FEDERAL REGISTER pursuant to § 300.62 of this title, among
qualified halibut quota share holders.
The Regional Administrator shall annually divide the TAC of sablefish that
is apportioned to the fixed gear fishery
pursuant to § 679.20, minus the CDQ reserve, among qualified sablefish quota
share holders.
(a) Initial allocation of QS—(1) General.
The Regional Administrator shall initially assign to qualified persons, on or
after October 18, 1994, halibut and sablefish fixed gear fishery QS that are
specific to IFQ regulatory areas and
vessel categories. QS will be assigned
as a block in the appropriate IFQ regulatory area and vessel category, if that
QS would have resulted in an allocation of less than 20,000 lb (9 mt) of IFQ
for halibut or sablefish based on the
1994 TAC for fixed gear in those fisheries for specific IFQ regulatory areas
and the QS pools of those fisheries for
specific IFQ regulatory areas as of October 17, 1994.
(2) Qualified person. (i) As used in this
section, a ‘‘qualified person’’ means a
‘‘person,’’ as defined in § 679.2:
(A) That owned a vessel that made
legal landings of halibut or sablefish,
harvested with fixed gear, from any
IFQ regulatory area in any QS qualifying year; or
(B) That leased a vessel that made
legal landings of halibut or sablefish,
harvested with fixed gear, from any
IFQ regulatory area in any QS qualifying year. A person who owns a vessel
cannot be a qualified person based on
the legal fixed gear landings of halibut
or sablefish made by a person who

leased the vessel for the duration of the
lease.
(C) Who is a citizen of the United
States at the time of application for
QS.
(D) Who is a corporation, partnership, association, or other non-individual entity that would have qualified
to document a fishing vessel as a vessel
of the United States during the QS
qualifying years of 1988, 1989, and 1990.
(ii) Qualified persons, or their successors-in-interest, must exist at the time
of their application for QS.
(iii) A former partner of a dissolved
partnership or a former shareholder of
a dissolved corporation who would otherwise qualify as a person may apply
for QS in proportion to his or her interest in the dissolved partnership or corporation.
(iv)
Sablefish
harvested
within
Prince William Sound, or under a State
of Alaska limited entry program, will
not be considered in determining
whether a person is a qualified person.
(3) Qualification for QS—(i) Year. A QS
qualifying year is 1988, 1989, or 1990.
(ii) Vessel ownership. Evidence of vessel ownership shall be limited to the
following documents, in order of priority:
(A) For vessels required to be documented under the laws of the United
States, the USCG abstract of title
issued in respect of that vessel.
(B) A certificate of registration that
is determinative as to vessel ownership.
(C) A bill of sale.
(iii) Vessel lease. Conclusive evidence
of a vessel lease will include a written
vessel lease agreement or a notarized
statement from the vessel owner and
lease holder attesting to the existence
of a vessel lease agreement at any time
during the QS qualifying years. Conclusive evidence of a vessel lease must
identify the leased vessel and indicate
the name of the lease holder and the
period of time during which the lease
was in effect. Other evidence, which
may not be conclusive, but may tend to
support a vessel lease, may also be submitted.
(iv) Ownership interest. Evidence of
ownership interest in a dissolved partnership or corporation shall be limited
to corporate documents (e.g., articles

754

Fishery Conservation and Management
of incorporation) or notarized statements signed by each former partner,
shareholder or director, and specifying
their proportions of interest.
(v) Legal landing of halibut or sablefish—(A) Definition. As used in this section, a ‘‘legal landing of halibut or sablefish’’ means halibut or sablefish harvested with fixed gear and landed in
compliance with state and Federal regulations in effect at the time of the
landing.
(B) Documentation. Evidence of legal
landings shall be limited to documentation of state or Federal catch reports that indicate the amount of halibut or sablefish harvested, the IPHC
regulatory area or groundfish reporting
area in which it was caught, the vessel
and gear type used to catch it, and the
date of harvesting, landing, or reporting. State catch reports are Alaska,
Washington, Oregon, or California fish
tickets. Federal catch reports are production reports required under § 679.5.
Sablefish harvested within Prince William Sound or under a State of Alaska
limited entry program will not be considered in determining qualification to
receive QS, nor in calculating initial
QS.
(4) Calculation of initial QS—(i) Halibut QS. The Regional Administrator
shall calculate the halibut QS for any
qualified person in each IFQ regulatory
area based on that person’s highest
total legal landings of halibut in each
IPHC regulatory area for any 5 years of
the 7-year halibut QS base period 1984
through 1990. The sum of all halibut QS
for an IFQ regulatory area will be the
halibut QS pool for that area.
(ii) Sablefish QS. The Regional Administrator shall calculate the sablefish QS for any qualified person in each
IFQ regulatory area based on that person’s highest total legal landings of sablefish in each groundfish reporting
area for any 5 years of the 6-year sablefish QS base period 1985 through 1990.
The sum of all sablefish QS for an IFQ
regulatory area will be the sablefish QS
pool for that area.
(iii) CDQ program. Each initial QS
calculation will be modified to accommodate the CDQ program prescribed at
subpart C of this part.
(5) Assignment of QS to vessel categories—(i) LOA. Each qualified per-

§ 679.40
son’s QS will be assigned to a vessel
category based on the LOA of vessel(s)
from which that person made fixed
gear legal landings of groundfish or
halibut in the most recent year of participation and the product type landed.
As used in this paragraph (a)(5), ‘‘the
most recent year of participation’’
means the most recent of 4 calendar
years in which any groundfish or halibut were harvested using fixed gear, as
follows: 1988, 1989, or 1990; or calendar
year 1991 prior to September 26, 1991.
(ii) Vessel categories. QS and its associated IFQ assigned to vessel categories include:
(A) Category A QS and associated
IFQ, which authorizes an IFQ permit
holder to harvest and process IFQ species on a vessel of any length;
(B) Category B QS and associated
IFQ, which authorizes an IFQ permit
holder to harvest IFQ species on a vessel of any length;
(C) Category C QS and associated
IFQ, which authorizes an IFQ permit
holder to harvest IFQ species on a vessel less than or equal to 60 ft (18.3 m)
LOA:
(D) Category D QS and associated
IFQ, which authorizes an IFQ permit
holder to harvest IFQ halibut on a vessel less than or equal to 35 ft (10.7 m)
LOA, except as provided in § 679.42(a).
(iii) QS assignment. A qualified person’s QS will be assigned:
(A) To vessel category A if, at any
time during his/her most recent year of
participation, that person’s vessel
processed any groundfish or halibut
caught with fixed gear.
(B) To vessel category B if, at any
time during his/her most recent year of
participation, that person’s vessel was
greater than 60 ft (18.3 m) LOA and did
not process any groundfish or halibut
caught with fixed gear.
(C) To each applicable vessel category in proportion to the landings of
halibut or sablefish made by that person if, at any time during their most
recent year of participation, that person used more than one vessel in different categories.
(iv) Sablefish QS. A qualified person’s
sablefish QS will be assigned:
(A) To vessel category C if, at any
time during his/her most recent year of
participation, that person’s vessel was

755

§ 679.40

50 CFR Ch. VI (10–1–23 Edition)

less than or equal to 60 ft (18.3 m) LOA
and did not process any groundfish or
halibut caught with fixed gear.
(B) To the vessel category in which
halibut and groundfish were landed, or
vessel categories in proportion to the
total fixed gear landings of halibut and
groundfish, if, at any time during the
most recent year of participation, that
person’s vessel(s) makes no landing(s)
of sablefish.
(v) Halibut QS. A qualified person’s
halibut QS will be assigned:
(A) To vessel category C if, at any
time during his/her most recent year of
participation, that person’s vessel was
less than or equal to 60 ft (18.3 m), but
greater than 35 ft (10.7 m), LOA and did
not process any groundfish or halibut
caught with fixed gear.
(B) To vessel category D if, at any
time during his/her most recent year of
participation, that person’s vessel was
less than or equal to 35 ft (10.7 m) LOA
and did not process any groundfish or
halibut caught with fixed gear.
(C) To the vessel category in which
groundfish were landed, or vessel categories in proportion to the total fixed
gear landings of groundfish, if, at any
time during the most recent year of
participation, that person’s vessel(s)
makes no landing(s) of halibut.
(vi) Both species QS. A qualified person’s QS for both species will be assigned to the vessel category in which
groundfish were landed in the most recent year of participation if, at any
time during that year, that person
landed halibut in one vessel category
and sablefish in a different vessel category.
(6) Application for initial QS—(i) Application form. The Application period for
QS ended on July 15, 1994. As of that
date, the Request for QS Application
form replaced the QS Application form
as the means by which the Administrator, RAM, reviews and makes initial
administrative determinations on requests for initial allocations of QS. A
Request for QS Application must contain the following: information identifying the individual, representative of
a deceased fisherman’s estate, corporation, partnership, or other non-individual entity, or dissolved corporation,
partnership, or other non-individual
entity making the request; contact

numbers; vessel identification, length
overall, and purchase date; and information on any vessel leasing arrangement pertinent to the claim of eligibility.
(ii) Application period. An application
period of no less than 180 days will be
specified by notification in the FEDERAL REGISTER and other information
sources that the Regional Administrator deems appropriate.
(iii) Complete application. Complete
applications received by the Regional
Administrator will be acknowledged.
An incomplete application will be returned to the applicant with specific
kinds of information identified that
are necessary to make it complete.
(7) Insufficient documentation. Halibut
and sablefish catch history, vessel ownership or lease data, and other information supplied by an applicant will be
compared with data compiled by the
Regional Administrator. If additional
data presented in an application are
not consistent with the data compiled
by the Regional Administrator, the applicant will be notified of insufficient
documentation. The applicant will
have 90 days to submit corroborating
documents (as specified in paragraph
(a) of this section) in support of his/her
application or to resubmit a revised application. All applicants will be limited
to one opportunity to provide corroborating documentation or a revised application in response to notification of
insufficient documentation.
(8) Verified data. Uncontested data in
applications will be approved by the
Regional Administrator. Based on
these data, the Regional Administrator
will calculate each applicant’s initial
halibut and sablefish QS, as provided in
paragraph (b) of this section, for each
IFQ regulatory area, respectively, and
will add each applicant’s halibut and
sablefish QS for an IFQ regulatory area
to the respective QS pool for that area.
(9) Unverified data. Catch history,
vessel ownership, or lease data that
cannot be verified by the Regional Administrator, following the procedure
described in paragraph (a)(7) of this
section, will not qualify for QS. An initial determination denying QS on the
grounds that claimed catch history,
vessel ownership or lease data were not
verified may be appealed following the

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Fishery Conservation and Management
procedure described in § 679.43. Quota
share reflecting catch history, vessel
ownership, or lease data that are contested between two or more applicants,
at least one of which is likely to qualify for QS when the dispute is resolved,
will be assigned to a reserve that will
be considered part of the QS pool for
the appropriate IFQ regulatory area.
Any QS and IFQ that results from
agency action resolving the dispute
will be assigned to the prevailing applicant(s) pursuant to paragraphs (a)(4),
(a)(5), (b), and (c) of this section. If the
assigned IFQ for the 1995 fishing season
becomes moot by passage of time needed to resolve the dispute, the assignment of QS and IFQ for subsequent
fishing seasons will be unaffected.
(10) NMFS revokes inactive QS if the
person holding inactive QS does not:
(i) Respond in writing to NMFS,
within 60 days after NMFS issues a Notice of Determination of Quota Share
Inactivity (Inactive QS Notice) sent to
the address of record as defined at
§ 679.43(e) of this part, requesting that
the inactive QS not be revoked. Responses must be received by NMFS no
later than the date contained on the
Inactive QS Notice
(ii) For purposes of paragraph (a)(10)
of this section, ‘‘respond in writing’’
means write a statement directing
NMFS to change the status of QS to
‘‘active’’ and sign and date the statement or complete the form attached to
the Inactive QS Notice and send by
U.S. Mail, courier, hand delivery, or
facsimile to the NMFS, Alaska Region
as provided on the Inactive QS Notice
and printed on the front side of the
form. The written response must be received by NMFS no later than the date
contained on the Inactive QS Notice or
if sent by mail, postmarked by that
date. If delivered by hand or courier,
the receiving date is the date the notice is stamped received by NMFS.
(iii) For purposes of paragraph (a)(10)
of this section, the term ‘‘inactive QS’’
means halibut QS or sablefish QS, held
by a person who received an initial allocation of halibut QS or sablefish QS
and has not taken any of the following
actions:
(A) Transferred any halibut QS or sablefish QS pursuant to § 679.41;

§ 679.40
(B) Transferred any halibut IFQ or
sablefish IFQ pursuant to § 679.41;
(C) Landed any halibut authorized by
IFQ halibut permit(s) issued to that
person; or
(D) Landed any sablefish authorized
by IFQ sablefish permit(s) issued to
that person.
(b) Annual allocation of IFQ and RFQ.
The Regional Administrator shall assign halibut or sablefish IFQs to each
person, except the RQE, holding unrestricted QS halibut or sablefish, respectively, up to the limits prescribed in
§ 679.42(e) and (f). Each assigned IFQ
will be specific to an IFQ regulatory
area and vessel category, and will represent the maximum amount of halibut
or sablefish that may be harvested
from the specified IFQ regulatory area
and by the person to whom it is assigned during the specified fishing
year, unless the IFQ assignment is
changed by the Regional Administrator
within the fishing year because of an
approved transfer or because all or part
of the IFQ is sanctioned for violating
rules of this part. The Regional Administrator shall assign RFQ to the RQE
pursuant to paragraph (c)(4) of this section.
(c) Calculation of annual IFQ and RFQ
allocations—(1) General. (i) The annual
allocation of halibut IFQ to any person
(person p) in any IFQ regulatory area
(area a) will be equal to the product of
the annual commercial catch limit as
defined in § 300.61 of this title, after adjustment for purposes of the Western
Alaska CDQ Program, and that person’s QS divided by the QS pool for
that area. Overage adjustments will be
subtracted from a person’s IFQ pursuant to paragraph (d) of this section; underage adjustments will be added to a
person’s IFQ pursuant to paragraph (e)
of this section. Expressed algebraically, the annual halibut IFQ allocation formula is as follows:
IFQpa = [(fixed gear TACa¥ CDQ reservea) × (QSpa/QS poola)] ¥ overage
adjustment of IFQpa + underage adjustment of IFQpa.
(ii) The annual allocation of sablefish
IFQ to any person (person p) in any
IFQ regulatory area (area a) will be
equal to the product of the TAC of sablefish by fixed gear for that area

757

§ 679.40

50 CFR Ch. VI (10–1–23 Edition)

(after adjustment for purposes of the
Western Alaska CDQ Program) and
that person’s QS divided by the QS pool
for that area. Overage adjustments will
be subtracted from a person’s IFQ pursuant to paragraph (d) of this section;
underage adjustments will be added to
a person’s IFQ pursuant to paragraph
(e) of this section. Expressed algebraically, the annual IFQ allocation formula is as follows:
IFQpa = [(fixed gear TACa ¥ CDQ reservea) × (QSpa/QS poola)] ¥ overage
adjustment of IFQpa + underage adjustment of IFQpa.
(2) QS amounts. For purposes of calculating IFQs and RFQ for any fishing
year, the amount of a person’s QS and
the amount of the QS pool for any IFQ
regulatory area will be the amounts on
record with the Alaska Region, NMFS,
on January 15 of that year.
(3) IFQ permit. The Regional Administrator shall issue to each QS holder,
pursuant to § 679.4, an IFQ permit
specifying the maximum amount of
halibut and sablefish that may be harvested with fixed gear in a specified
IFQ regulatory area and vessel category. Such IFQ permits will be sent to
each QS holder at the address on record
for that person prior to the start of the
IFQ fishing season or to any IFQ holder(s) following transfers or penalties (15
CFR part 904).
(4) RFQ allocation to RQE—(i) RQE QS
amounts. For purposes of calculating
RFQ for any fishing year, the amount
of halibut QS held by the RQE for either IFQ regulatory area 2C or 3A for
the corresponding IFQ regulatory area
will be the amounts on record with the
Alaska Region, NMFS on October 1 of
the year prior.
(ii) Calculation of RFQ. The annual allocation of RFQ halibut to an RQE
(person r) in IFQ regulatory area 2C or
3A (area a) will be equal to the product
of the annual commercial catch limit
as defined in § 300.61 of this title, and
the QS held by the RQE (specified in
paragraph (c)(4)(i) of this section) divided by the QS pool for that area
(specified in paragraph (c)(2) of this
section). No overage or underage adjustments will be applied to the RQE’s
annual RFQ. Expressed algebraically,

the annual RFQ halibut allocation formula is as follows:
RFQra = [fixed gear TACa × (QSra/QS
poola)]
(iii) Excess RFQ. NMFS will not issue
the RQE any excess RFQ. Excess RFQ
is the difference between the amount of
RFQ based on the QS held by the RQE
and the amount of RFQ needed to provide charter fishery management
measures that are equivalent to
unguided recreational fishery management measures. If the annual management measures published pursuant to
§ 300.62 of this title specify charter fishery management measures that are
equivalent to the unguided recreational
management
measures,
NMFS will:
(A) Calculate the annual allocation
of halibut RFQ to the RQE as specified
in paragraph (c)(4)(ii) of this section;
and
(B) Determine the amount of RFQ
needed to supplement the annual guided sport catch limit from the CSP in
Area 2C and Area 3A (described in
§ 300.65(c) of this title) to account for
charter fishery harvests under the
charter fishery management measures
specified in the annual management
measures and issue that amount of
RFQ to the RFQ permit account.
(C) Calculate the amount of excess
RFQ by subtracting the amount of RFQ
issued as determined in paragraph
(c)(4)(iii)(B) of this section from the annual calculation of RFQ halibut to the
RQE as calculated in paragraph
(c)(4)(iii)(A) of this section.
(iv) Redistribution of excess RFQ. Excess pounds of RFQ will be redistributed as IFQ as follows:
(A) 50 percent to all catcher vessel
QS holders in the applicable area who
held not more than 32,333 QS units in
Area 2C, and 47,469 QS units in Area 3A
in the current calendar year and in the
calendar year prior to the redistribution, in proportion to their QS holdings; and
(B) 50 percent divided equally among
all CQEs that held halibut QS in the
applicable IFQ regulatory area (Area
2C or Area 3A) in the current calendar
year and in the calendar year prior to
the redistribution. If no CQE held QS
in the applicable IFQ regulatory area
(Area 2C and Area 3A) in the current

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Fishery Conservation and Management
calendar year and in the calendar year
prior to the redistribution, that RFQ
will not be redistributed as IFQ and
will not be available for use by any
CQE, IFQ permit holder, or RQE in
that calendar year.
(d) Ten-percent adjustment policy. A
person’s annual IFQ account will be adjusted in the year following a determination that the person harvested or
landed IFQ species in an amount is
greater than the amount available in
the person’s annual IFQ account and if
the amount greater than the amount
available does not exceed 10 percent of
the amount available in the person’s
annual IFQ account at the time of
landing. The adjustment would be a deduction of the amount of IFQ species
harvested or landed that was determined to exceed the amount available
in the person’s annual IFQ account and
will apply to any person to whom the
affected IFQ is allocated in the year
following the determination.
(e) Underages. Underages of up to 10
percent of a person’s total annual IFQ
account for a current fishing year will
be added to that person’s annual IFQ
account in the year following determination of the underage. This underage adjustment to the annual IFQ allocation will be specific to IFQ species,
IFQ regulatory area, and vessel category for which an IFQ is calculated,
and will apply to any person to whom
the affected IFQ is allocated in the
year following determination of an underage.
(f) Harvesting privilege. Quota shares
allocated or permits issued pursuant to
this part do not represent either an absolute right to the resource or any interest that is subject to the ‘‘takings’’
provision of the Fifth Amendment of
the U.S. Constitution. Rather, such
quota shares or permits represent only
a harvesting privilege that may be revoked or amended subject to the requirements of the Magnuson-Stevens
Act and other applicable law.
(g) External research tags for halibut
and sablefish. (1) Nothing contained in
this part 679 shall prohibit any person
at any time from retaining and landing
a Pacific halibut or sablefish that bears
at the time of capture an external research tag from any state, Federal, or
international agency, provided that the

§ 679.40
halibut or sablefish is one of the following:
(i) A Pacific halibut landed pursuant
to § 300.62 of this title and to this part
679; or
(ii) A sablefish landed in accordance
with the Tagged Groundfish Research
Program, and in compliance with all
sablefish requirements of this part 679.
(2) Halibut and sablefish bearing an
external research tag from any state,
Federal, or international agency, landed pursuant to paragraph (g)(1)(i) or
(g)(1)(ii) of this section, and in accordance with § 679.5(l), shall be excluded
from IFQ or CDQ deduction as follows:
(i) The fish shall not be calculated as
part of a person’s IFQ harvest of halibut or sablefish and shall not be debited against a person’s halibut IFQ or a
person’s sablefish IFQ; or
(ii) The fish shall not be calculated as
part of the CDQ harvest of halibut or
sablefish and shall not be debited
against a CDQ group’s halibut CDQ or a
CDQ group’s sablefish CDQ.
(iii) The fish will not be calculated as
part of the recreational harvest of halibut and will not be debited against the
RFQ permit account or the annual
guided sport catch limit as defined in
§ 300.61 of this title.
(h) Properly debited landing—(1) Permit
holder’s account. Except as provided in
paragraph (g) of this section, all IFQ
halibut, CDQ halibut, and IFQ sablefish
catch onboard a vessel must be weighed
and debited from the IFQ permit holder’s account or CDQ halibut permit
holder’s account under which the catch
was harvested.
(2) Properly debited account. A properly concluded sablefish/halibut IFQ
landing receipt, crab IFQ landing receipt, or a manual IFQ landing report
which is signed by the Registered
Buyer and IFQ permit holder or IFQ
hired master permit holder or CDQ
hired master permit holder constitutes
confirmation that the IFQ permit holder’s or CDQ permit holder’s account is
properly debited.
(3) Source of debit. NMFS will use the
following sources (see paragraphs
(h)(3)(i), (ii) and (iii) of this section) of
information to debit a CDQ halibut,
IFQ halibut, IFQ sablefish, or RFQ permit account:

759

§ 679.41

50 CFR Ch. VI (10–1–23 Edition)

(i) Unprocessed landing. If offload of
unprocessed IFQ halibut, CDQ halibut,
or IFQ sablefish from a vessel, the
scale weight (to the nearest pound) of
the halibut or sablefish product actually measured at the time of offload, as
required by § 679.5(e)(7)(i)(E)(6) to be included in the IFQ Landing Report.
(ii) Processed landing. If offload of
processed IFQ halibut, CDQ halibut, or
IFQ sablefish from a vessel, the scale
weight (to the nearest pound) of the
halibut or sablefish processed product
actually measured at or before the
time of offload. If the product scale
weights are taken before the time of
offload, then the species and actual
product weight of each box or container must be visibly marked on the
outside of each container to facilitate
inspection by OLE or designees.
(iii) Landed RFQ. All annual RFQ
halibut issued to an RQE will be considered landed in the year for which it
is issued.
[61 FR 31230, June 19, 1996, as amended at 61
FR 35579, July 5, 1996; 61 FR 41525, Aug. 9,
1996; 61 FR 43314, Aug. 22, 1996; 62 FR 59299,
Nov. 3, 1997; 66 FR 27910, May 21, 2001; 67 FR
4133, Jan. 28, 2002; 71 FR 36492, June 27, 2006;
72 FR 44809, Aug. 9, 2007; 73 FR 76166, Dec. 15,
2008; 76 FR 40633, July 11, 2011; 77 FR 29563,
May 18, 2012; 78 FR 75893, Dec. 12, 2013; 83 FR
47831, Sept. 21, 2018]

§ 679.41 Transfer of quota shares and
IFQ.
(a) General. (1) Except as provided in
paragraph (a)(2) of this section, transfer of QS or IFQ means any transaction
requiring QS, or the use thereof in the
form of IFQ, to pass from one person to
another, permanently or for a fixed period of time.
(2) Transactions requiring IFQ permits to be issued in the name of a hired
master employed by an individual or a
corporation are not transfers of QS or
IFQ.
(3) Any transaction involving a
transfer between IFQ and guided angler
fish (GAF), as defined in § 300.61 of this
title, is governed by regulations in
§ 300.65(c) of this title.
(b) Transfer procedure—(1) Application
for transfer. An Application for Transfer of QS/IFQ (Application for Transfer)
must be approved by the Regional Administrator before a person may use
IFQ to harvest IFQ halibut or IFQ sa-

blefish, whether the IFQ was the result
of a direct transfer or the result of a
QS transfer. An Application for Transfer will not be approved until the Regional Administrator has reviewed and
approved the transfer agreement signed
by the parties to the transaction. The
Regional Administrator shall provide
an Application for Transfer form to
any person on request. Persons who
submit an Application for Transfer to
the Regional Administrator for approval will receive notification of the
Regional Administrator’s decision to
approve or disapprove the Application
for Transfer, and, if applicable, the reason(s) for disapproval, by mail posted
on the date of that decision, unless another communication mode is requested on the Application for Transfer.
(2) QS or IFQ accounts. QS or IFQ accounts affected by an Application for
Transfer approved by the Regional Administrator will change on the date of
approval. Any necessary IFQ permits
will be sent with the notification of the
Regional Administrator’s decision.
(c) Application for Transfer approval
criteria. Except as provided in paragraph (f) of this section, an Application
for Transfer will not be approved until
the Regional Administrator has determined that:
(1) The person applying for transfer
received the QS or IFQ to be transferred:
(i) By initial assignment by the Regional Administrator as provided in
§ 679.40(a); or
(ii) By approved transfer.
(2) The person applying to receive the
QS or IFQ meets the requirements of
eligibility in paragraph (d) of this section.
(3) The person applying for transfer
and the person applying to receive the
QS or IFQ have their signatures on the
Application for Transfer.
(4) There are no fines, civil penalties,
or other payments due and owing, or
outstanding permit sanctions, resulting from Federal fishery violations involving either person.
(5) The person applying to receive the
QS or IFQ currently exists.
(6) The transfer would not cause the
person applying to receive the QS or

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Fishery Conservation and Management
IFQ to exceed the use limits in § 679.42
(e) or (f).
(7) The transfer would not violate the
provisions of paragraph (g) of this section.
(8)(i) The person applying to make or
receive the IFQ or QS transfer has paid
all IFQ fees that have become due as a
result of an initial administrative determination.
(ii) The person applying to make or
receive the IFQ or QS transfer who has
not paid all IFQ fees that are due (as
provided under § 679.45(a)) has timely
appealed the administrative determination that IFQ fees have not been
paid in full and has submitted to NMFS
an amount sufficient to satisfy any disputed liability pending a final agency
action.
(9) Other pertinent information requested on the Application for Transfer
has been supplied to the satisfaction of
the Regional Administrator.
(10) If the person applying to transfer
or receive QS or IFQ is a CQE, the following determinations are required for
each eligible community represented
by that CQE:
(i) An individual applying to receive
IFQ from QS held by a CQE is an eligible community resident of the eligible
community in whose name the CQE is
holding QS;
(ii) The CQE applying to receive or
transfer QS, has submitted a complete
annual report required by § 679.5 (t);
(iii) The CQE applying to transfer QS
has provided information on the reasons for the transfer as described in
paragraph (g)(7) of this section;
(iv) The CQE applying to receive QS
is eligible to hold QS on behalf of the
eligible community in the halibut or
sablefish regulatory area designated
for that eligible community in Table 21
to this part; and
(v) The CQE applying to receive QS
has received notification of approval of
eligibility to receive QS/IFQ for that
community as described in paragraph
(d)(1) of this section.
(11) If the person applying to receive
or transfer QS is an RQE, the following
determinations are required:
(i) The RQE applying to receive or
transfer QS, has submitted the timely
and complete annual report required by
§ 679.5(v);

§ 679.41
(ii) The RQE applying to receive QS
is eligible to hold QS on behalf of the
charter halibut sector in IFQ regulatory area 2C or 3A; and
(iii) The RQE applying to receive QS
has received notification of approval of
eligibility to receive QS on behalf of
the charter halibut sector in IFQ regulatory area 2C or 3A as described in
paragraph (d)(1) of this section.
(12) The person applying to receive
QS assigned to vessel category B, C, or
D is not a corporation, partnership, association, or other non-individual entity, except as specified in paragraph
(g)(3) of this section.
(13) If the person applying to receive
halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory
areas 4B, 4C, or 4D is a CDQ group, the
following determinations are required:
(i) The CDQ group applying to receive
halibut IFQ for an IFQ regulatory area
receives an annual allocation of halibut CDQ for that IFQ regulatory area
pursuant to § 679.31(b)(1);
(ii) The QS holder applying to transfer halibut IFQ to a CDQ group has not
transferred any halibut IFQ assigned to
vessel categories B, C, or D for that
IFQ regulatory area to a CDQ group
during the last two consecutive fishing
years;
(iii) If the IFQ to be transferred to a
CDQ group results from QS that was
transferred to the QS holder after December 14, 2015, the QS holder applying
to transfer halibut IFQ to a CDQ group
has held the underlying QS for that
IFQ for a minimum of 3 years from the
date NMFS approved the transfer;
(iv) If the IFQ to be transferred to a
CDQ group is assigned to vessel categories B, C, or D in IFQ regulatory
area 4B, the QS holder applying to
transfer that halibut IFQ to a CDQ
group holds fewer than 76,355 halibut
QS units in IFQ regulatory area 4B;
and
(v) The CDQ group applying to receive halibut IFQ has submitted a complete report if required to do so by
§ 679.5(w).
(d) Eligibility to receive QS or IFQ by
transfer—(1) Application for Eligibility.
All persons, except as provided in paragraphs (d)(1)(i) and (d)(1)(ii) of this section, applying to receive QS or IFQ

761

§ 679.41

50 CFR Ch. VI (10–1–23 Edition)

must submit an Application for Eligibility to Receive QS/IFQ (Application
for Eligibility) containing accurate information to the Regional Administrator. The Regional Administrator
will not approve a transfer of IFQ or
QS to a person until the Application
for Eligibility for that person is approved by the Regional Administrator.
The Regional Administrator shall provide an Application for Eligibility form
to any person on request.
(i) An Application for Eligibility is
not required for a CQE if a complete
application to become a CQE, as described in paragraph (l)(3) of this section, has been approved by the Regional Administrator on behalf of an
eligible community.
(ii) An Application for Eligibility is
not required for a CDQ group.
(2) Type of eligibility. A person must
indicate on the Application for Eligibility whether the eligibility sought is
as:
(i) An individual; or
(ii) A corporation, partnership, or
other non-individual entity.
(3) Application filing order. A person
may submit the Application for Eligibility with the Application for Transfer
or file the Application for Eligibility
prior to submitting the Application for
Transfer. If a person, as described in
paragraph (d)(2)(ii) of this section, files
the Application for Eligibility prior to
submitting the Application for Transfer, and that person’s status subsequently changes, as described in
§ 679.42(j), that person must resubmit
an Application for Eligibility before
submitting, or with, the Application
for Transfer.
(4) Notification of approval. Applicants
will be notified by mail of the Regional
Administrator’s approval of an application for eligibility.
(5) Notification of disapproval. The Regional Administrator will notify the
applicant if an Application for Eligibility is disapproved. This notification
of disapproval will include:
(i) The disapproved Application for
Eligibility.
(ii) An explanation of why the Application for Eligibility was not approved.
(6) Reasons for disapproval. Reasons
for disapproval of an Application for

Eligibility may include, but are not
limited to:
(i) Fewer than 150 days of experience
working as an IFQ crew member, unless that person attests in the Application for Eligibility that he or she is an
eligible community resident of Adak,
AK, who will receive only halibut IFQ
in regulatory area 4B or sablefish IFQ
in the regulatory area of the Aleutian
Islands subarea that is derived from QS
held by a CQE on behalf of Adak, AK.
(ii) Lack of compliance with the U.S.
citizenship or corporate ownership requirements specified by the definition
of ‘‘person’’ at § 679.2.
(iii) An incomplete Application for
Eligibility.
(iv) Fines, civil penalties, or other
payments due and owing, or outstanding permit sanctions, resulting
from Federal fishery violations.
(e) Transfers of QS blocks—(1) General.
A QS block must be transferred as an
undivided whole, unless the size of the
QS block exceeds the use limits specified at § 679.42. If the QS block to be
transferred exceeds the use limits specified at § 679.42, the Regional Administrator will divide the block into two
blocks, one block containing the maximum amount of QS allowable under
the QS use limits and the other block
containing the residual QS.
(2) Sablefish. QS blocks for the same
IFQ regulatory area and vessel category that represent less than 5,000 lb
(2.3 mt) of sablefish IFQ, based on the
1996 TAC share for fixed gear sablefish
in a specific IFQ regulatory area and
the QS pool for that IFQ regulatory
area on January 31, 1996, may be consolidated into larger QS blocks provided that the consolidated blocks do
not represent greater than 5,000 lbs (2.3
mt) of sablefish IFQ based on the preceding criteria. A consolidated block
cannot be divided and is considered a
single block for purposes of use and
transferability. The maximum number
of QS units that may be consolidated
into a single QS block in each IFQ regulatory area is as follows:
(i) Southeast Outside district: 33,270
QS.
(ii) West Yakutat district: 43,390 QS.
(iii) Central GOA regulatory area:
46,055 QS.

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Fishery Conservation and Management
(iv) Western GOA regulatory area:
48,410 QS.
(v) Aleutian Islands subarea: 99,210
QS.
(vi) Bering Sea subarea: 91,275 QS.
(3) Halibut. QS blocks for the same
IFQ regulatory area and vessel category that represent less than 3,000 lb
(1.4 mt) of halibut IFQ, based on the
1996 catch limit for halibut in a specific
IFQ regulatory area and the QS pool
for that IFQ regulatory area on January 31, 1996, may be consolidated into
larger QS blocks provided that the consolidated blocks do not represent
greater than 3,000 lb (1.4 mt) of halibut
IFQ based on the preceding criteria. In
Areas 2C and 3A, QS blocks for the
same IFQ regulatory area and vessel
category that represent less than 5,000
lb (2.3 mt) of halibut IFQ, based on the
1996 catch limit for halibut in a specific
IFQ regulatory area and the QS pool
for that IFQ regulatory area on January 31, 1996, may be consolidated into
larger QS blocks provided that the consolidated blocks do not represent
greater than 5,000 lb (2.3 mt) of halibut
IFQ based on the preceding criteria. A
consolidated block cannot be divided
and is considered a single block for
purposes of use and transferability.
The maximum number of QS units that
may be consolidated into a single block
in each IFQ regulatory area is as follows:
(i) Area 2C: 33,320 QS.
(ii) Area 3A: 46,520 QS.
(iii) Area 3B: 44,193 QS.
(iv) Subarea 4A: 22,947 QS.
(v) Subarea 4B: 15,087 QS.
(vi) Subarea 4C: 30,930 QS.
(vii) Subarea 4D: 26,082 QS.
(viii) Subarea 4E: 0 QS.
(f) Transfer of QS or IFQ with restrictions. If QS or IFQ must be transferred
as a result of a court order, operation
of law, or as part of a security agreement, but the person receiving the QS
or IFQ by transfer does not meet all of
the eligibility requirements of this section, the Regional Administrator will
approve the Application for Transfer
with restrictions. The Regional Administrator will not assign IFQ resulting
from the restricted QS to any person.
IFQ with restrictions may not be used
for harvesting halibut or sablefish with

§ 679.41
fixed gear. The QS or IFQ will remain
restricted until:
(1) The person who received the QS or
IFQ with restrictions meets the eligibility requirements of this section and
the Regional Administrator approves
an Application for Eligibility for that
person; or
(2) The Regional Administrator approves the Application for Transfer
from the person who received the QS or
IFQ with restrictions to a person who
meets the requirements of this section.
(g) Transfer restrictions. (1) Except as
provided in paragraph (f), paragraph
(g)(2), paragraph (l), paragraph (n) or
paragraph (o) of this section, only persons who are IFQ crew members, or
who were initially issued QS assigned
to vessel categories B, C, or D, and
meet the eligibility requirements in
this section, may receive by transfer
QS assigned to vessel categories B, C,
or D, or the IFQ resulting from it.
(2) Except as provided in paragraph
(g)(3) of this section, only persons who
are IFQ crew members, and meet the
other requirements in this section,
may receive by transfer QS assigned to
vessel categories B, C, or D, or the IFQ
resulting from it, in IFQ regulatory
area 2C for halibut or in the IFQ regulatory area east of 140° W. long. for sablefish.
(3) Individuals who were initially
issued QS assigned to vessel categories
B, C, or D may transfer that QS to a
corporation that is solely owned by the
same individual. Such transfers of QS
assigned to vessel categories B, C, or D
in IFQ regulatory area 2C for halibut
or in the IFQ regulatory area east of
140° W. long. for sablefish will be governed by the use provisions of
§ 679.42(i); the use provisions pertaining
to corporations at § 679.42(j) shall not
apply.
(4) The Regional Administrator will
not approve an Application for Transfer of QS assigned to vessel categories
B, C, or D subject to a lease or any
other condition of repossession or resale by the person transferring QS, except as provided in paragraphs (h) and
(m) of this section, or by court order,
operation of law, or as part of a security agreement. The Regional Administrator may request a copy of the sales
contract or other terms and conditions

763

§ 679.41

50 CFR Ch. VI (10–1–23 Edition)

of transfer between two persons as supplementary information to the transfer
application.
(5) A CQE may not hold QS in halibut
IFQ regulatory area 2C that is assigned
to vessel category D.
(i) A CQE may not hold QS in halibut
IFQ regulatory area 3A that is assigned
to vessel category D on behalf of a
community that is located in halibut
IFQ regulatory areas 2C or 3B as listed
in Table 21 to part 679.
(ii) In aggregate, CQEs may not hold
an amount of QS in halibut IFQ regulatory area 3A that is assigned to vessel category D in excess of 1,233,740 QS
units.
(6) IFQ derived from QS held by a
CQE on behalf of an eligible community:
(i) In the GOA may be used only by
an eligible community resident of that
community.
(ii) In the Aleutian Islands subarea
may be used by any person who has received an approved Application for Eligibility as described in paragraph (d) of
this section prior to February 28, 2028
and only by an eligible community
resident of Adak, AK, after February
28, 2028.
(7) A CQE may transfer QS:
(i) To generate revenues to provide
funds to meet administrative costs for
managing the community QS holdings;
(ii) To generate revenue to improve
the ability of residents within the community to participate in the halibut
and sablefish IFQ fisheries;
(iii) To generate revenue to purchase
QS to yield IFQ for use by community
residents;
(iv) To dissolve the CQE; or
(v) As a result of a court order, operation of law, or as part of a security
agreement.
(8) If the Regional Administrator determines that a CQE transferred QS for
purposes other than those specified in
paragraph (g)(7) of this section, then:
(i) The CQE must divest itself of any
remaining QS holdings and will not be
eligible to receive QS by transfer for a
period of three years after the effective
date of final agency action on the Regional Administrator’s determination;
and
(ii) The Regional Administrator will
not approve a CQE to represent the eli-

gible community in whose name the
CQE transferred quota for a period of
three years after the effective date of
final agency action on the Regional
Administrator’s determination.
(9) For transfers of QS to an RQE, the
RQE may only receive halibut QS that
is assigned to IFQ regulatory area 2C
or 3A.
(10) For transfers of QS from an RQE:
(i) Quota category and block designations at time of purchase by an RQE
are retained if QS is transferred to an
eligible QS holder for use in the IFQ
program.
(ii) NMFS will not issue any IFQ
from any QS transferred from an RQE
to a QS holder for use in the IFQ program for a calendar year if that QS resulted in the issuance of RFQ to an
RQE during that calendar year.
(11)(i) To maintain eligibility as the
RQE authorized by NMFS, the RQE
must be a non-profit entity incorporated under the laws of the State of
Alaska and recognized as exempt from
Federal income tax by the Internal
Revenue Service as required by paragraph (n)(1)(ii) of this section.
(ii) If the Regional Administrator determines the RQE approved by NMFS
does not meet the requirements specified in paragraph (n)(1) of this section,
NMFS will notify the RQE of the Regional Administrator’s determination
and specify that the RQE has 60 days to
meet the requirements in paragraph
(n)(1) of this section to maintain eligibility as the RQE authorized by NMFS.
(iii) If the RQE demonstrates to
NMFS within 60 days of notification
that it meets the requirements in paragraph (n)(1) of this section, NMFS will
notify the RQE that it remains the authorized RQE.
(iv) If the RQE does not demonstrate
to NMFS within 60 days of notification
that it meets the requirements in paragraph (n)(1) of this section, NMFS will
issue an initial administrative determination (IAD):
(A) Revoking authorization of the
RQE;
(B) Disallowing the RQE from receiving any QS by transfer;
(C) Requiring the CQE to divest of
any QS that it holds; and
(D) Withholding the issuance of RFQ
based on any QS that the RQE holds.

764

Fishery Conservation and Management
(v) The RQE will have the opportunity to appeal the IAD through the
National Appeals Office under the provisions established at 15 CFR part 906.
(h) Transfer of IFQ. (1) Pursuant to
paragraph (a) of this section, an Application for Transfer must be approved
by the Regional Administrator before a
person may use any IFQ that results
from a direct transfer to harvest halibut or sablefish. After approving the
Application for Transfer, the Regional
Administrator will change any IFQ accounts affected by the approved transfer and issue all necessary IFQ permits.
(2) IFQ resulting from categories B,
C, or D QS may not be transferred separately from its originating QS, except
as provided in paragraph (d), (f), (k),
(l), (m), or (o) of this section.
(i) Transfer across catcher vessel categories—(1) CDQ compensation. Persons
issued CDQ compensation QS in a
catcher vessel category, pursuant to
§ 679.41(j), and in an IFQ regulatory
area in which they do not hold QS
other than CDQ compensation QS, may
use that CDQ compensation QS on any
catcher vessel. This exemption from
catcher vessel categories ends upon the
first transfer of the CDQ compensation
QS. CDQ compensation QS being transferred will be permanently assigned to
a specific catcher vessel category as
designated by the person receiving the
transfer.
(2) CDQ compensation QS definition.
For purposes of this paragraph (i), CDQ
compensation QS is QS issued as compensation for halibut and sablefish harvest privileges foregone due to the CDQ
Program, as provided in paragraph (j)
of this section.
(j) Compensation for CDQ allocations.
(1) The Regional Administrator will
compensate persons that receive a reduced halibut QS in IPHC regulatory
areas 4B, 4C, 4D, or 4E because of the
halibut CDQ program by adding halibut
QS from IPHC regulatory areas 2C, 3A,
3B, and 4A. This compensation of halibut QS from areas 2C, 3A, 3B, and 4A
will be allocated in proportion to the
amount of halibut QS foregone due to
the CDQ allocation authorized by this
section.
(2) The Regional Administrator will
compensate persons that receive a reduced sablefish QS in any BSAI IFQ

§ 679.41
regulatory area because of the sablefish CDQ program by taking sablefish
QS from the IFQ regulatory areas of
the GOA and allocating it in proportion to the loss suffered by persons in
the BSAI area. Such additional compensation of sablefish QS will be allocated in proportion to the amount of
sablefish QS foregone due to the CDQ
allocation authorized by this section.
(3) Persons initially issued QS for
IFQ regulatory areas in which a portion of the TAC is allocated to the CDQ
Program will be compensated for halibut and sablefish harvest privileges
foregone due to the CDQ Program. If a
person does not hold QS in an IFQ regulatory area on the date the compensation is issued, that person’s compensation will be issued as unblocked. If a
person does hold QS in an IFQ regulatory area on the date compensation
is issued, that person’s compensation
will be added to their existing QS in
that IFQ regulatory area. The resulting QS amount will be blocked or
unblocked according to the criteria
found at § 679.40(a). Compensation will
be calculated for each non-CDQ area
using the following formula:
QN = (QC × QSPN × RATE)/(SUMCDQ ¥
[RATE × SUMTAC]) ([1 ¥ RATE] ×
TACAVE)(QSPC × [CDQ PCT ¥ RATE])
Where:
QN = quota share in non-CDQ area
QC = quota share in CDQ area
QSPN = quota share pool in non-CDQ area (as
existing on January 31, 1995)
RATE = SUMCDQ/average of the TAC (1988–
1994) for all CDQ and non-CDQ areas
TACAVE = average of the TAC (1988–1994) for
CDQ area
QSPC = quota share pool in CDQ area (as existing on January 31, 1995)
CDQPCT = CDQ percentage for CDQ area
SUMCDQ = sum [TACAVE × CDQPCT]
SUMTAC = sum [TACAVE]

(k) Survivorship transfer privileges—(1)
On the death of an individual who
holds QS or IFQ, the surviving spouse
or, in the absence of a surviving
spouse, a beneficiary designated pursuant to paragraph (k)(2) of this section
or the estate representative, receives
all QS and IFQ held by the decedent by
right of survivorship, unless a contrary
intent was expressed by the decedent in
a will. The Regional Administrator will
approve an Application for Transfer to

765

§ 679.41

50 CFR Ch. VI (10–1–23 Edition)

the surviving spouse, designated beneficiary, or estate representative when
sufficient evidence has been provided
to verify the death of the individual.
(2) QS holders may provide the Regional Administrator with the name of
a designated beneficiary from the QS
holder’s immediate family to receive
survivorship transfer privileges in the
event of the QS holder’s death and in
the absence of a surviving spouse.
(3) The Regional Administrator will
approve an Application for Transfer of
IFQ for a period of 3 calendar years following the date of death of an individual to a designated beneficiary.
NMFS will allow the transfer of IFQ
only resulting from the QS transferred
to the surviving spouse or, in the absence of a surviving spouse, from a beneficiary from the QS holder’s immediate family designated pursuant to
paragraph (k)(2) of this section or from
an estate representative to a person eligible to receive IFQ under the provisions of this section, notwithstanding
the limitations on transfers of IFQ in
paragraph (h)(2) of this section.
(l) Transfer of QS to CQEs. (1) Each eligible community must designate a
CQE to transfer and hold QS on behalf
of that community.
(2) Each eligible community may designate only one CQE to hold QS on behalf of that community at any one
time.
(3) Prior to initially receiving QS by
transfer on behalf of a specific eligible
community, a non-profit entity that
intends to represent that eligible community as a CQE must have approval
from the Regional Administrator. To
receive that approval, the non-profit
entity seeking to become a CQE must
submit a complete application to become a CQE to the Regional Administrator. The Regional Administrator
will provide a copy of the complete application to the Alaska Department of
Community and Economic Development, Commissioner, P.O. Box 110809,
Juneau, AK 99811–0809. NMFS will consider comments received from the
Alaska Department of Community and
Economic Development when reviewing applications for a non-profit entity
to become a CQE. The Alaska Department of Community and Economic Development must submit comments on

an application to the Regional Administrator within 30 days of receipt of the
application in order for those comments to be considered by the Regional
Administrator during the approval
process. If an application is disapproved, than that determination
may be appealed under the provisions
established at 15 CFR part 906. A complete application to become a CQE consists of:
(i) The articles of incorporation
under the laws of the State of Alaska
for that non-profit entity, except that
a non-profit entity that is representing
the Metlakatla Indian Village may provide articles of incorporation under
Federal Law;
(ii) A statement indicating the eligible community, or communities, represented by that non-profit entity for
purposes of holding QS;
(iii) Management organization information, including:
(A) The bylaws of the non-profit entity;
(B) A list of key personnel of the
managing organization including, but
not limited to, the board of directors,
officers, representatives, and any managers;
(C) A description of how the non-profit entity is qualified to manage QS on
behalf of the eligible community, or
communities, it is designated to represent, and a demonstration that the
non-profit entity has the management,
technical expertise, and ability to
manage QS and IFQ; and
(D) The name of the non-profit organization, taxpayer ID number, NMFS
person number, permanent business
mailing addresses, name of contact
persons and additional contact information of the managing personnel for
the non-profit entity, resumes of management personnel, name of community or communities represented by
the CQE, name of contact for the governing body of each community represented, date, name and signature of
applicant.
(iv) A statement describing the procedures that will be used to determine
the distribution of IFQ to eligible community residents and non-residents of
the community represented by that
CQE, including:

766

Fishery Conservation and Management
(A) Procedures used to solicit requests from eligible community residents and non-residents to lease IFQ;
and
(B) Criteria used to determine the
distribution of IFQ leases among qualified community residents and non-residents and the relative weighting of
those criteria.
(v) A statement of support from the
governing body of the eligible community as that governing body is identified in Table 21 to this part. That
statement of support is:
(A) A resolution from the City Council or other official governing body for
those eligible communities incorporated as first or second class cities in
the State of Alaska;
(B) A resolution from the tribal government authority recognized by the
Bureau of Indian Affairs for those eligible communities that are not incorporated as first or second class cities in
the State of Alaska; but are represented by a tribal government authority recognized by the Secretary of
the Interior; or
(C) A resolution from a non-profit
community association, homeowner association, community council, or other
non-profit entity for those eligible
communities that are not incorporated
as first or second class cities in the
State of Alaska, and is not represented
by a tribal government authority recognized by the Bureau of Indian Affairs. The non-profit entity that provides a statement of support must:
(1) Have articles of incorporation as a
non-profit
community
association,
homeowner association, community
council, or other non-profit entity; and
(2) Have an established relationship
with the State of Alaska Department
of Community and Economic Development for purposes of representing that
community for governmental functions.
(D) If an eligible community is not
incorporated as a first or second class
city in the State of Alaska, is not represented by a tribal government authority recognized by the Secretary of
the Interior, and does not have a nonprofit community association, homeowner association, community council,
or other non-profit entity within that
community with an established rela-

§ 679.41
tionship with the Alaska Department
of Community and Economic Development for purposes of representing that
community for purposes of governmental functions, then the Regional
Administrator, NMFS, will not consider any statement from a non-profit
entity representing that community
until that community:
(1) Is incorporated as a first or second
class city in the State of Alaska;
(2) Establishes a tribal government
authority recognized by the Secretary
of the Interior; or
(3) Establishes a non-profit community association, homeowner association, community council, or other nonprofit entity within that community
that meets the requirements established in paragraph (E) of this section.
(E) If a community described under
paragraph (l)(3)(v)(D) of this section establishes a non-profit community association, homeowner association, community council, or other non-profit entity within that community, then the
Regional Administrator, NMFS, will
consider any recommendations from
this entity to support a particular applicant after reviewing:
(1) Petitions from residents affirming
that the non-profit community association, homeowner association, community council, or other non-profit entity
within that community represents the
residents within that community; and
(2) Comments from the State of Alaska Department of Community and Economic Development on the articles of
incorporation for that non-profit entity and the ability of that non-profit entity to adequately represent the interests of that community for purposes of
governmental functions.
(3) If the Regional Administrator determines that this statement of support is not adequate, than that determination may be appealed under the
provisions established at 15 CFR part
906.
(4) The governing body of an eligible
community as that governing body is
identified in Table 21 to this part, must
provide authorization for any transfer
of QS by the CQE that holds QS on behalf of that eligible community prior
to that transfer of QS being approved
by NMFS. This authorization must be
submitted as part of the Application

767

§ 679.41

50 CFR Ch. VI (10–1–23 Edition)

for Transfer. That authorization consists of a signature on the Application
for Transfer by a representative of the
governing body that has been designated by that governing body to provide such authorization to approve the
transfer of QS.
(m) Temporary military transfers. In
the event of a military mobilization or
order to report for military service affecting a QS holder that prevents him
or her from being able to participate in
the halibut or sablefish IFQ fisheries,
the Regional Administrator may approve a temporary military transfer for
the IFQ derived from the QS held by a
QS holder affected by the military mobilization.
(1) General. A temporary military
transfer will be approved if the QS
holder demonstrates that he or she is
unable to participate in the IFQ fishery
for which he or she holds QS because of
a military mobilization, order to report
for military service, or active duty
military service.
(2) Eligibility. To be eligible to receive
a temporary military transfer, a QS
holder must meet all of the following
requirements:
(i) Be a member of a branch of the
National Guard or a member of a reserve component;
(ii) Possess one or more catcher vessel IFQ permits;
(iii) Not qualify for a hired master
exception under § 679.42(i)(1);
(iv) Be in active duty military service as that term is defined at 10 U.S.C.
101(d)(1), be under a call to active service authorized by the President or the
Secretary for a period of more than 30
consecutive days under 32 U.S.C. 502(f),
or in the case of a member of a reserve
component, have been ordered to report for military service beginning on
the date of the member’s receipt of the
order and ending on the date on which
the member reports for active duty
military service.
(3) Application. A QS holder may
apply for a temporary military transfer
by submitting an application for temporary transfer of halibut/sablefish IFQ
to the Alaska Region, NMFS. NMFS
will transfer, upon approval of the application, the applicable IFQ from the
applicant (transferor) to the recipient
(transferee). An application for tem-

porary transfer of halibut/sablefish IFQ
is
available
at
https://
www.fisheries.noaa.gov/region/alaska or
by calling 1–800–304–4846. A complete
application must include all of the following:
(i) The transferor’s identity including
his or her full name, NMFS person ID,
date of birth, permanent business mailing address, business telephone and fax
numbers, and e-mail address (if any). A
temporary mailing address may be provided, if appropriate.
(ii) The transferee’s identity including his or her full name, NMFS person
ID, date of birth, permanent business
mailing address, business telephone
and fax numbers, and e-mail address (if
any). A temporary mailing address
may be provided, if appropriate.
(iii) The identification characteristics of the IFQ including whether the
transfer is for halibut or sablefish IFQ,
IFQ regulatory area, actual number of
IFQ pounds, transferor (seller) IFQ permit number, and fishing year.
(iv) Documentation of active military mobilization or deployment. This
documentation must include the following:
(A) A copy of official documentation
such as valid military orders or call
that direct the transferor to report to
active duty military service, to mobilize for a military deployment, or to report to active service.
(B) A concise description of the nature of the military deployment or active duty military service, including
verification that the applicant is unable to participate in the IFQ fishery
for which he or she holds IFQ permits
during the IFQ season because of his/
her active duty military service.
(v) The signatures and printed names
of the transferor and transferee, and
date.
(4) Restrictions. (i) A temporary military transfer shall be valid only during
the calendar year for which the associated IFQ is issued.
(ii) A temporary military transfer
will be issued only for the IFQ derived
from the QS held by the applicant.
(5) Temporary military transfer evaluations and appeals—(i) Initial evaluation.
The Regional Administrator will evaluate an application for a temporary

768

Fishery Conservation and Management
military transfer submitted in accordance with paragraphs (c)(1) through
(c)(9) of this section. An applicant who
fails to submit the information specified in the application for a temporary
military transfer will be provided a
reasonable opportunity to submit the
specified information or submit a revised application.
(ii) Initial administrative determination
(IAD). The Regional Administrator will
prepare and send an IAD to the applicant if the Regional Administrator determines that the application provided
by the applicant is deficient or if the
applicant fails to submit the specified
information or a revised application.
The IAD will indicate the deficiencies
in the application, including any deficiencies with the information on the
revised application. An applicant who
receives an IAD may appeal under the
appeals procedures set out at 15 CFR
part 906.
(n) Transfer of halibut QS to an RQE—
(1) RQE organizational structure. (i) The
RQE must be a single entity representing IFQ regulatory Areas 2C and
3A.
(ii) The RQE must be a non-profit entity incorporated under the laws of the
State of Alaska and recognized as exempt from Federal income tax by the
Internal Revenue Service; and
(iii) The RQE must submit an annual
report to NMFS and the Council detailing RQE activities during the prior
year according to § 679.5(v).
(2) Application for Eligibility. Prior to
initially receiving QS by transfer, a
non-profit entity that intends to participate in the Halibut IFQ Program
and purchase and hold halibut QS in
Area 2C and Area 3A as the RQE must
have approval from the Regional Administrator. To receive that approval,
the non-profit entity seeking to become an RQE must submit a complete
‘‘Application for a Non-profit Entity to
be Designated as a Recreational Quota
Entity (RQE)’’ (available on the NMFS
Alaska Region website at https://
alaskafisheries.noaa.gov/). NMFS will
approve only one entity as the RQE. A
complete application to become an
RQE must include:
(i) The articles of incorporation
under the laws of the State of Alaska
for that non-profit entity;

§ 679.41
(ii) Acknowledgement from the Internal Revenue Service that the non-profit entity is exempt from Federal income tax under section 501(a) of the Internal Revenue Code; and
(iii) Management organization information, including:
(A) The bylaws of the non-profit entity;
(B) A list of key personnel of the
managing organization including, but
not limited to, the RQE board of directors, officers, representatives, and any
managers;
(C) A description of how the non-profit entity is qualified to manage QS on
behalf of charter fishery participants
and a demonstration that the non-profit entity has the management, technical expertise, and ability to manage
QS and RFQ;
(D) The name of the non-profit organization, taxpayer ID number, NMFS
person number, permanent business
mailing addresses, name of contact
persons and additional contact information of the managing personnel for
the non-profit entity, resumes of management personnel, name and signature of applicant; and
(iv) A statement describing the procedures that will be used to determine
the acquisition of funds to purchase
QS.
(3) Address for submittal of application.
Regional Administrator, NMFS, P.O.
Box 21668, Juneau, AK 99802.
(4) Approval. NMFS will approve the
first complete application received. If
an application is approved, NMFS will
notify the RQE by mail, unless another
mode of communication is requested
on the application.
(5) Disapproval. If an application is
disapproved, that determination may
be appealed under the provisions established at 15 CFR part 906.
(o) Transfer of IFQ to CDQ groups. (1)
A QS holder who holds fewer than
76,355 units of halibut QS in IFQ regulatory area 4B may transfer halibut
IFQ assigned to vessel categories B, C,
or D in IFQ regulatory area 4B to a
CDQ group that receives an allocation
of IFQ regulatory area 4B halibut CDQ
if the annual commercial halibut catch
limit, as defined in § 300.61 of this title,
for Area 4B is less than 1 million
pounds in that calendar year.

769

§ 679.42

50 CFR Ch. VI (10–1–23 Edition)

(2) A QS holder in IFQ regulatory
areas 4C or 4D may transfer halibut
IFQ assigned to vessel categories B, C,
or D in IFQ regulatory areas 4C or 4D
to a CDQ group that receives an allocation of halibut CDQ in that IFQ regulatory area if the annual commercial
halibut catch limit, as defined in
§ 300.61 of this title, for Area 4CDE is
less than 1.5 million pounds in that calendar year.
(3) A QS holder must meet the requirements in paragraph (c)(13) of this
section to transfer halibut IFQ assigned to vessel categories B, C, or D in
IFQ regulatory areas 4B, 4C, or 4D to a
CDQ group.
(4) A CDQ group that receives halibut
IFQ by transfer may not transfer that
halibut IFQ to any other person.
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.41, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.42 Limitations on use of QS and
IFQ.
(a) IFQ regulatory area and vessel category. (1) The QS or IFQ specified for
one IFQ regulatory area must not be
used in a different IFQ regulatory area,
except for the following:
(i) All or part of the QS and IFQ specified for regulatory area 4C may be harvested in either Area 4C or Area 4D.
(ii) All or part of the halibut CDQ
specified for regulatory area 4D may be
harvested in either Area 4D or Area 4E.
(iii) If a CDQ group is authorized to
receive a transfer of halibut IFQ assigned to vessel categories B, C, or D in
IFQ regulatory area 4D as specified in
§ 679.41(o) of this part, all or part of the
halibut IFQ specified for regulatory
area 4D that is held by or transferred
to a CDQ group may be harvested in either Area 4D or Area 4E.
(2) The QS or IFQ assigned to one
vessel category must not be used to
harvest IFQ species on a vessel of a different vessel category, except:
(i) As provided in § 679.41(i)(1) of this
part (CDQ compensation QS exemption);
(ii) IFQ derived from QS held by a
CQE may be used to harvest IFQ species from a vessel of any length, with

the exception of IFQ derived from QS
in IFQ regulatory areas 3A and 4B that
are assigned to vessel category D.
(A) Halibut IFQ derived from QS assigned to vessel category D in Area 3A
that is held by a CQE located in Area
3A may be used to harvest IFQ halibut
on a vessel less than or equal to 60 ft
(18.3 m) LOA from August 15 to the end
of the IFQ fishing season.
(B) [Reserved]
(iii) In IFQ regulatory areas 3B, 4B,
and 4C, category D QS and associated
IFQ authorizes an IFQ permit holder to
harvest IFQ halibut on a vessel less
than or equal to 60 ft (18.3 m) LOA.
(iv) Halibut IFQ assigned to vessel
category B, C, or D held by a CDQ
group may not be used on a vessel over
51 feet LOA, irrespective of the vessel
category assigned to the IFQ.
(v) In IFQ regulatory areas 2C and
3A, RFQ held by an RQE may be harvested aboard charter vessels as defined at 50 CFR 300.61 of any size, regardless of the QS category from which
that RFQ originated.
(b) Gear—(1) IFQ Fisheries. Authorized
fishing gear to harvest IFQ halibut and
IFQ sablefish is defined in § 679.2.
(i) IFQ halibut. IFQ halibut must not
be harvested with trawl gear in any
IFQ regulatory area.
(ii) IFQ sablefish. IFQ sablefish must
not be harvested with trawl gear in any
IFQ regulatory area, or with pot-andline gear in the GOA. A vessel operator
using longline pot gear in the GOA to
fish for IFQ sablefish must comply
with the GOA sablefish longline pot
gear requirements in paragraph (l) of
this section.
(2) Seabird avoidance gear and methods.
The operator of a vessel using hookand-line gear authorized at § 679.2 while
fishing for IFQ halibut, CDQ halibut, or
IFQ sablefish must comply with requirements for seabird avoidance gear
and methods set forth at § 679.24(e).
(c) Permit holder aboard requirement.
Any individual who harvests halibut or
sablefish with fixed gear must have a
valid IFQ permit, and if a hired master
is conducting the harvest, a valid IFQ
hired master permit, and must be
aboard the vessel at all times during
the fishing trip and be present during
the landing.

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Fishery Conservation and Management
(d) Emergency waivers and medical
transfers. The person authorized to fish
IFQ halibut or sablefish must be
aboard the vessel during fishing operations and must sign the IFQ landing
report except as provided in § 679.41 and
under the following circumstances:
(1) Emergency waiver. In the event of
extreme personal emergency during a
fishing trip involving a person authorized to fish IFQ halibut or sablefish,
the requirements or paragraph (c)(1) of
this section may be waived. The
waiving of these requirements under
this provision shall apply to IFQ halibut or IFQ sablefish retained on the
fishing trip during which the emergency occurred.
(2) Medical transfers. In the event of a
medical condition affecting a QS holder or an immediate family member of a
QS holder that prevents the QS holder
from being able to participate in the
halibut or sablefish IFQ fisheries, a
medical transfer may be approved for
the IFQ derived from the QS held by
the person affected by the medical condition.
(i) General. A medical transfer will be
approved if the QS holder demonstrates
that:
(A) He or she is unable to participate
in the IFQ fishery for which he or she
holds QS because of a medical condition that precludes participation by
the QS holder; or
(B) He or she is unable to participate
in the IFQ fishery for which he or she
holds QS because of a medical condition involving an immediate family
member that requires the QS holder’s
full time attendance.
(ii) Eligibility. To be eligible to receive a medical transfer, a QS holder
must:
(A) Possess one or more catcher vessel IFQ permits; and
(B) Not qualify for a hired master exception under paragraph (i)(1) of this
section.
(iii) Application. A QS holder may
apply for a medical transfer by submitting a medical transfer application to
the Alaska Region, NMFS. A QS holder
who has received an approved medical
transfer from RAM may transfer the
IFQ derived from his or her own QS to
an individual eligible to receive IFQ. A
medical transfer application is avail-

§ 679.42
able at https://alaskafisheries.noaa.gov/
region/alaska or by calling 1–800–304–
4846. Completed applications must be
mailed to: Restricted Access Management Program, NMFS, Alaska Region,
P.O. Box 21668, Juneau, AK 99802–1668.
A complete application must include:
(A) The applicant’s (transferor’s)
identity including his or her full name,
NMFS person ID, date of birth, permanent business mailing address, business
telephone and fax numbers, and email
address (if any). A temporary mailing
address may be provided, if appropriate;
(B) The recipient’s (transferee’s)
identity including his or her full name,
NMFS person ID, date of birth, permanent business mailing address, business
telephone and fax numbers, and email
address (if any). A temporary mailing
address may be provided, if appropriate;
(C) The identification characteristics
of the IFQ including whether the transfer is for halibut or sablefish IFQ, IFQ
regulatory area, actual number of IFQ
pounds, transferor (seller) IFQ permit
number, and fishing year;
(D) The price per pound (including
leases), or other method of compensation, and total amount paid for the IFQ
in the requested transaction, including
all fees;
(E) The primary source of financing
for the transfer, how the IFQ was located, and the transferee’s (buyer’s) relationship to the transferor (seller);
(F) A written declaration from a
health care provider as defined in
§ 679.2. The declaration must include:
(1) The identity of the health care
provider including his or her full name,
business telephone, and permanent
business mailing address (number and
street, city and state, zip code);
(2) A statement of the condition affecting the applicant or the applicant’s
immediate family member, that the
applicant is unable to participate; and
(3) The dated signature of the health
care provider who conducted the medical examination; and
(G) The signatures and printed names
of the transferor and transferee, and
date.

771

§ 679.42

50 CFR Ch. VI (10–1–23 Edition)

(iv) Restrictions. (A) A medical transfer shall be valid only during the calendar year for which the permit is
issued;
(B) A medical transfer will be issued
only for the IFQ derived from the QS
held by the applicant; and
(C) Except as provided for in paragraph (d)(2)(iv)(C)(1) of this section,
NMFS will not approve a medical
transfer if the applicant has received a
medical transfer in any 3 of the previous 7 calendar years for any medical
reason.
(1) Medical transfers approved in 2020,
2021, or 2022 do not count toward the restriction
detailed
in
paragraph
(d)(2)(iv)(C) of this section.
(2) [Reserved]
(v) Medical transfer evaluations and
appeals—(A) Initial evaluation. The Regional Administrator will evaluate an
application for a medical transfer submitted in accordance with paragraphs
(d)(2)(iii) and (d)(2)(iv) of this section.
An applicant who fails to submit the
information specified in the application for a medical transfer will be provided a reasonable opportunity to submit the specified information or submit a revised application.
(B) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to
the applicant if the Regional Administrator determines that the application
provided by the applicant is deficient
or if the applicant fails to submit the
specified information or a revised application. The IAD will indicate the deficiencies in the application, including
any deficiencies with the information
on the revised application. An applicant who receives an IAD may appeal
under the appeals procedures set out at
§ 679.43.
(e) Sablefish QS Use. (1) No person
other than a CQE representing the
community of Adak, AK, individually
or collectively, may use more than
3,229,721 units of sablefish QS, except if
the amount of a person’s initial allocation of sablefish QS is greater than
3,229,721 units, in which case that person may not use more than the amount
of the initial allocation.
(2) In the IFQ regulatory area east of
140° W. long., no person, individually or
collectively, may use more than 688,485

units of sablefish QS for this area, except if the amount of a person’s initial
allocation of sablefish QS is greater
than 688,485 units, in which case that
person may not use more than the
amount of the initial allocation.
(3) No CQE may hold sablefish QS in
the IFQ regulatory area of the Bering
Sea subarea.
(4) No CQE may hold more than:
(i) 3,229,721 units of sablefish QS on
behalf of any single eligible community in the GOA; or
(ii) 4,789,874 units of sablefish QS on
behalf of any single eligible community in the Aleutian Islands subarea.
(5) In the IFQ regulatory area east of
140° W. long., no CQE may hold more
than 688,485 units of sablefish QS for
this area on behalf of any single eligible community.
(6) In the aggregate, all CQEs are
limited to holding a maximum of:
(i) 21 percent of the total QS in each
regulatory
area
specified
in
§ 679.41(e)(2)(i) through (e)(2)(iv) of this
part for sablefish.
(ii) 15 percent of the total QS specified in § 679.41(e)(2)(v) of this part for
sablefish.
(7) No individual that receives IFQ
derived from sablefish QS held by a
CQE may hold, individually or collectively, more than 50,000 lb (22.7 mt) of
IFQ sablefish derived from any sablefish QS source.
(8) A CQE receiving category B or C
sablefish QS through transfer and representing an eligible community:
(i) In the GOA may lease the IFQ resulting from that QS only to an eligible community resident of the eligible
community on whose behalf the QS is
held; and
(ii) In the Aleutian Islands subarea
may lease the IFQ resulting from that
QS to any person who has received an
approved Application for Eligibility as
described in § 679.41(d) prior to February 28, 2028, but only to an eligible
community resident of Adak, AK, after
February 28, 2028.
(9) A CQE representing an eligible
community in the Aleutian Islands
subarea may receive by transfer or use
sablefish QS only in the Aleutian Islands subarea.

772

Fishery Conservation and Management
(f) Halibut QS use. (1) Unless the
amount in excess of the following limits was received in the initial allocation of halibut QS, no person other
than a CQE representing the community of Adak, AK, individually or collectively, or an RQE, may use more
than:
(i) IFQ regulatory Area 2C. 599,799
units of halibut QS, including halibut
QS issued as IFQ and transferred to
GAF, as defined in § 300.61 of this title.
(ii) IFQ regulatory area 2C, 3A, and 3B.
1,502,823 units of halibut QS, including
halibut QS issued as IFQ and transferred to GAF, as defined in § 300.61 of
this title.
(iii) IFQ regulatory area 4A, 4B, 4C,
4D, and 4E. 495,044 units of halibut QS.
(2) No CQE may receive an amount of
halibut QS on behalf of any single eligible community which is more than:
(i) IFQ regulatory area 2C. 599,799
units of halibut QS.
(ii) IFQ regulatory area 2C, 3A, and 3B.
1,502,823 units of halibut QS.
(iii) IFQ regulatory area 4B. 1,392,716
units of halibut QS.
(3) No CQE may hold halibut QS in
the IFQ regulatory areas 4A, 4C, 4D,
and 4E.
(4) A CQE representing an eligible
community may receive by transfer or
use QS only in the IFQ regulatory
areas designated for that species and
for that eligible community as described in Table 21 to this part.
(5) In the aggregate, all CQEs are
limited to holding a maximum of:
(i) 21 percent of the total QS in each
regulatory
area
specified
in
§ 679.41(e)(3)(i) through (e)(3)(iii) of this
part for halibut.
(ii) 15 percent of the total QS specified in § 679.41(e)(3)(v) of this part for
halibut.
(6) No individual that receives IFQ
derived from halibut QS held by a CQE,
including GAF as defined in § 300.61 of
this title, may hold, individually or
collectively, more than 50,000 pounds
(22.7 mt) of IFQ halibut, including IFQ
halibut received as GAF, derived from
any halibut QS source.
(7) A CQE receiving category B, C, or
D halibut QS through transfer:
(i) In an IFQ regulatory area specified in § 679.41(e)(3)(i) through (e)(3)(iii)
of this part may lease the IFQ result-

§ 679.42
ing from that QS only to an eligible
community resident of the eligible
community represented by the CQE.
(ii) In IFQ regulatory Area 4B may
lease the IFQ resulting from that QS to
any person who has received an approved Application for Eligibility as
described in § 679.41(d) prior to February 28, 2028 but only to an eligible
community resident of Adak, AK, after
February 28, 2028.
(8)(i) Annual transfer limits. The RQE
may not receive by transfer more than
594,774 units of Area 2C halibut QS and
more than 2,218,716 units of Area 3A
halibut QS in a year.
(ii) Cumulative use limits. The RQE
may not hold more than 5,947,740 units
of Area 2C halibut QS and more than
22,187,161 units of Area 3A halibut QS.
(iii) Vessel category restrictions. (A)
The RQE may not hold more than
889,548 units of halibut QS in IFQ regulatory area 2C that is assigned to vessel category D.
(B) The RQE may not hold halibut
QS in IFQ regulatory area 3A that is
assigned to vessel category D.
(C) The RQE may not hold more than
265,524 units of halibut QS that is assigned to vessel category B in IFQ regulatory area 2C.
(g) Limitations on QS blocks—(1) Number of blocks per species. No person, individually or collectively, may hold more
than two blocks of sablefish or three
blocks of halibut in any IFQ regulatory
area, except:
(i) A person, individually or collectively, who holds unblocked QS for a
species in an IFQ regulatory area, may
hold only one QS block for that species
in that regulatory area; and
(ii) A CQE may hold no more than
ten blocks of halibut QS in any IFQ
regulatory area and no more than five
blocks of sablefish QS in any IFQ regulatory area on behalf of any eligible
community.
(iii) The RQE may not receive:
(A) Transfers of halibut QS blocks of
less than or equal to 24,250 quota share
units in IFQ regulatory area 2C.
(B) Transfers of halibut QS blocks of
less than or equal to 35,620 quota share
units in IFQ regulatory area 3A.
(2) Action by the Regional Administrator in Areas 3B and 4A. In Areas 3B

773

§ 679.42

50 CFR Ch. VI (10–1–23 Edition)

and 4A, the Regional Administrator
shall:
(i) Identify any halibut blocks that
result in an allocation of more than
20,000 lb (9.1) mt of halibut IFQ, based
on the 2004 TAC for fixed gear halibut
in those areas and the QS pools for
those areas as of January 31, 2004; and
(ii) Divide those halibut blocks into
one block of 20,000 lb (9.1 mt) and the
remainder unblocked, based on the 2004
TAC for fixed gear halibut in those
areas and the QS pools for those areas
as of January 31, 2004.
(3) Transfer of QS blocks. Notwithstanding paragraph (g)(1)(i) of this section, a person who holds more than one
block of halibut QS and unblocked halibut QS as a result of the Regional Administrator’s action under paragraph
(g)(2) of this section may transfer
unblocked QS until such time as that
person transfers a halibut QS block to
another person.
(4) Holding or to hold blocks of QS.
For purposes of this section, ‘‘holding’’
or ‘‘to hold’’ blocks of QS means being
registered by NMFS as the person who
received QS by initial assignment or
approved transfer.
(h) Vessel limitations—(1) Halibut. No
vessel may be used, during any fishing
year, to harvest more IFQ halibut than
one-half percent of the combined total
catch limits of halibut for IFQ regulatory areas 2C, 3A, 3B, 4A, 4B, 4C, 4D,
and 4E, except that:
(i) In IFQ regulatory area 2C, no vessel may be used to harvest more than 1
percent of the halibut catch limit for
this area.
(ii) No vessel may be used, during
any fishing year, to harvest more than
50,000 lb (22.7 mt) of IFQ halibut derived from QS held by a CQE, and no
vessel used to harvest IFQ halibut derived from QS held by a CQE may be
used to harvest more IFQ halibut than
the vessel use caps specified in paragraphs (h)(1) introductory text and
(h)(1)(i) of this section.
(iii) Notwithstanding the vessel use
caps specified in paragraphs (h)(1) introductory text and (h)(1)(ii) of this
section, vessel use caps do not apply to
vessels harvesting IFQ halibut in IFQ
regulatory Areas 4A, 4B, 4C, and 4D
during the 2023 through 2027 fishing
years. IFQ halibut harvested in regu-

latory Areas 4A, 4B, 4C, and 4D is excluded from the calculation of vessel
use caps for IFQ regulatory Area 2C,
3A, or 3B during the 2023 through 2027
fishing years.
(2) Sablefish. No vessel may be used,
during any fishing year, to harvest
more IFQ sablefish than one percent of
the combined fixed gear TAC of sablefish for the GOA and BSAI IFQ regulatory areas, except that:
(i) In the IFQ regulatory area east of
140 degrees W. long., no vessel may be
used to harvest more than 1 percent of
the fixed gear TAC of sablefish for this
area.
(ii) No vessel may be used, during
any fishing year, to harvest more than
50,000 lb (22.7 mt) of IFQ sablefish derived from QS held by a CQE, and no
vessel used to harvest IFQ sablefish derived from QS and held by a CQE may
be used to harvest more IFQ sablefish
than the vessel use caps specified in
paragraphs (h)(2) introductory text and
(h)(2)(i) of this section.
(3) Excess. An IFQ permit holder who
receives an approved IFQ allocation of
halibut or sablefish in excess of these
limitations may nevertheless catch and
retain all that IFQ with a single vessel.
However, two or more IFQ permit holders may not catch and retain their
IFQs with one vessel in excess of these
limitations.
(4) Liability. Owners and operators of
vessels exceeding these limitations are
jointly and severally liable with IFQ
permit holders and IFQ hired master
permit holders whose harvesting causes
the vessel to exceed these limitations.
(i) Use of IFQ resulting from QS assigned to vessel category B, C, or D by individuals. In addition to the requirements of paragraph (c) of this section,
IFQ permits issued for IFQ resulting
from QS assigned to vessel category B,
C, or D must be used only by the individual who holds the QS from which
the associated IFQ is derived, except as
provided in paragraph (i)(1) of this section.
(1) An individual who received an initial allocation of QS assigned to category B, C, or D does not have to be
aboard the vessel on which his or her
IFQ is being fished or to sign IFQ landing reports if that individual:

774

Fishery Conservation and Management
(i) For a documented vessel, during
the 12-month period previous to the application by the individual for a hired
master permit, continuously owned a
minimum 20-percent interest in the
vessel as shown by the U.S. Abstract of
Title issued by the U.S. Coast Guard
that lists the individual as an owner
and, if necessary to show 20-percent
ownership for 12 months, additional
written documentation; or
(ii) For an undocumented vessel, during the 12-month period previous to the
application by the individual for a
hired master permit, continuously
owned a minimum 20-percent interest
in the vessel as shown by a State of
Alaska license or registration that
lists the individual as an owner and, if
necessary to show the 20-percent ownership for 12 months, additional written documentation; and
(iii) Is represented on the vessel by a
hired master employed by that individual and permitted in accordance
with § 679.4(d)(2).
(iv) NMFS review of application for exemption—(A) Initial evaluation. The Regional Administrator will evaluate an
application for a hired master submitted in accordance with paragraphs
(i)(1), (i)(6), and (i)(7) of this section.
An applicant who fails to submit the
information specified in the application for a hired master will be provided
a reasonable opportunity to submit the
specified information or submit a revised application.
(B) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to
an individual submitting an application for a hired master submitted in
accordance with paragraphs (i)(1),
(i)(6), and (i)(7) of this section if the
Regional Administrator determines
that the information required to be
submitted to NMFS is deficient or if
the applicant fails to submit the required information. The IAD will indicate the deficiencies with the information submitted. An applicant who receives an IAD may appeal under the appeals procedures set out at § 679.43.
(v) Upon request by the Regional Administrator or an authorized officer, a
person must submit additional written
documentation necessary to establish
the required minimum 20-percent in-

§ 679.42
terest in the vessel during the 12month period previous to the application by the individual for a hired master permit.
(2) Paragraph (i)(1) of this section
does not apply to any individual who
received an initial allocation of QS assigned to category B, C, or D and who,
prior to April 17, 1997, employed a master to fish any of the IFQ issued to that
individual, provided the individual continues to own the vessel from which
the IFQ is being fished at no lesser percentage of ownership interest than
that held on April 17, 1997, and provided
that this individual has not acquired
additional QS through transfer after
September 23, 1997.
(3) Paragraph (i)(1) of this section
does not apply to individuals who received an initial allocation of QS assigned to vessel category B, C, or D for
halibut in IFQ regulatory Area 2C or
for sablefish QS in the IFQ regulatory
area east of 140° W. long., and this exemption is not transferable.
(4) The exemption provided in paragraph (i)(1) of this section may be exercised by an individual on a vessel
owned by a corporation, partnership,
association or other non-individual entity in which the individual is a shareholder, partner, or member, provided
that during the 12-month period previous to the application by the individual for a hired master permit, the
individual continuously maintained a
minimum 20-percent ownership interest in the vessel owned by the corporation, partnership, association or other
non-individual entity. For purposes of
this paragraph, an individual’s interest
in a vessel is determined by the percentage ownership by the individual of
a corporation, partnership, association
or other non-individual entity that has
an ownership interest in the vessel
multiplied by the percentage of ownership of the vessel by the corporation,
partnership, or other non-individual
entity.
(5) IFQ derived from QS held by a
CQE must be used only by the individual whose IFQ permit account contains the resulting IFQ.
(6) In the event of the total loss or irreparable damage to a vessel owned by

775

§ 679.42

50 CFR Ch. VI (10–1–23 Edition)

an individual who qualifies for the exemption in paragraph (i)(1) of this section, the individual may remain exempt under paragraph (i)(1) of this section until December 31 of the year following the year in which the vessel was
lost or damaged, provided that the individual meets the following requirements:
(i) The loss or irreparable damage to
the vessel was caused by an act of God,
an act of war, a collision, an act or
omission of a party other than the individual or agent of the individual, or
any other event not caused by the willful misconduct of the individual or
agent of the individual.
(ii) The lost or irreparably damaged
vessel is a commercial fishing vessel
that was previously used to harvest
halibut IFQ or sablefish IFQ of the individual who qualifies for the exemption in paragraph (i)(1) of this section;
(iii) As part of the application for exemption, the individual submits to
NMFS a copy of the USCG Form 2692
submitted to the USCG as specified in
46 CFR 4.05; and
(iv) The individual is applying to use
a hired master on a vessel in which the
individual has a minimum 20-percent
ownership interest as of the date of the
application by the individual for a
hired master permit.
(7) In the event of temporary disablement of a vessel owned by an individual who qualifies for the exemption
in paragraph (i)(1) of this section, the
individual may remain exempt under
paragraph (i)(1) of this section until
December 31 of the year following the
year in which the vessel was disabled,
provided that the individual meets the
following requirements:
(i) The temporary disablement of the
vessel results from repairs required by
an accident that materially and adversely affected the vessel’s seaworthiness or fitness for service, such as from
sinking, grounding, or fire;
(ii) The repairs from the accident require at least 60 days to be completed;
(iii) The disabled vessel is a commercial fishing vessel that was previously
used to harvest halibut IFQ or sablefish IFQ of the individual who qualifies
for the exemption in paragraph (i)(1) of
this section;

(iv) The individual submits to NMFS
a copy of the USCG Form 2692 submitted to the USCG as specified in 46
CFR 4.05; and
(v) The individual is applying to use
a hired master on a vessel in which the
individual has a minimum 20-percent
ownership interest as of the date of the
application by the individual for a
hired master permit.
(8) Paragraphs (i)(1) and (i)(4) of this
section do not apply to any QS assigned to vessel category B, C, or D received by transfer by any person described in paragraph (i)(1) after February 12, 2010, except a hired master
may be used to harvest IFQ derived
from QS blocks that were consolidated
under § 679.41(e)(2) or (e)(3) after February 12, 2010, and before December 1,
2014.
(j) Use of IFQ resulting from QS assigned to vessel category B, C, or D by
corporations, partnerships, or other nonindividual entities. (1) Except as provided in paragraph (j)(7) of this section,
a corporation, partnership, association,
or other non-individual entity that received an initial allocation of QS assigned to category B, C, or D may fish
the IFQ resulting from that QS and any
additional QS acquired within the limitations of this section from a vessel if
that corporation, partnership, association, or other non-individual entity:
(i) For a documented vessel, owns a
minimum 20-percent interest in the
vessel as shown by the U.S. Abstract of
Title issued by the U.S. Coast Guard
that lists the corporation, partnership,
association, or other non-individual entity as an owner and, if necessary to
prove the required percentage ownership, other written documentation;
(ii) For an undocumented vessel,
owns a minimum 20-percent interest in
the vessel as shown by a State of Alaska vessel license or registration that
lists the corporation, partnership, association, or other non-individual entity
as an owner and, if necessary to show
the required percentage ownership interest, other written documentation;
and
(iii) Is represented on the vessel by a
hired master employed by that individual and permitted in accordance
with § 679.4(d)(2).

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Fishery Conservation and Management
(2) The provision of paragraph (j)(1)
of this section is not transferable and
does not apply to QS assigned to vessel
category B, C, or D for halibut in IFQ
regulatory Area 2C or for sablefish in
the IFQ regulatory area east of 140° W.
long. that is transferred to a corporation, partnership, association, or other
non-individual entity. Such transfers
of additional QS within these areas
must be to an individual pursuant to
§ 679.41(c) and be used pursuant to paragraphs (c) and (i) of this section.
(3) A corporation, partnership, association, or other non-individual entity,
except for a publicly held corporation,
that receives an initial allocation of
QS assigned to vessel category B, C, or
D loses the exemption provided under
this paragraph (j) on the effective date
of a change in the corporation, partnership, association, or other non-individual entity from that which existed
at the time of initial allocation.
(4) For purposes of this paragraph (j),
‘‘a change’’ means:
(i) For corporations and partnerships,
the addition of any new shareholder(s)
or partner(s), except that a court appointed trustee to act on behalf of a
shareholder or partner who becomes incapacitated is not a change in the corporation, partnership, association, or
other non-individual entity; or
(ii) For estates, the final or summary
distribution of the estate.
(5) The Regional Administrator must
be notified of a change in the corporation, partnership, association, or other
non-individual entity as defined in this
paragraph (j) within 15 days of the effective date of the change. The effective date of change, for purposes of this
paragraph (j), is the date on which the
new shareholder(s) or partner(s) may
realize any corporate liabilities or benefits of the corporation, partnership,
association, or other non-individual entity or, for estates, the date of the determination of a legal heir to the estate, or the date of the order for distribution of the estate.
(6) QS assigned to vessel category B,
C, or D and IFQ resulting from that QS
held in the name of a corporation, partnership, association, or other non-individual entity that changes, as defined
in this paragraph (j), must be transferred to an individual, as prescribed in

§ 679.42
§ 679.41, before it may be used at any
time after the effective date of the
change.
(7) A corporation, partnership, association, or other non-individual entity
that received an initial allocation of
QS assigned to category B, C, or D and
that, prior to April 17, 1997, employed a
master to fish any of the IFQ issued to
that corporation, partnership, association, or other non-individual entity
may continue to employ a master to
fish its IFQ on a vessel owned by the
corporation, partnership, association,
or other non-individual entity provided
that the corporation, partnership, association, or other non-individual entity
continues to own the vessel at no lesser
percentage of ownership interest than
that held on April 17, 1997, and provided
that corporation, partnership, association, or other non-individual entity did
not acquire additional QS through
transfer after September 23, 1997.
(8) A corporation, partnership, or
other non-individual entity, except for
a publicly held corporation, that receives an allocation of QS must provide
annual updates to the Regional Administrator identifying all current shareholders, partners, or members to the
individual person level and affirming
the entity’s continuing existence as a
corporation or partnership, or other
non-individual entity.
(9) The exemption provided in this
paragraph (j) may be exercised by a
corporation, partnership, association
or other non-individual entity on a vessel owned by a person who is a shareholder in the corporation, partnership,
association, or other non-individual entity, provided that the corporation,
partnership, association, or other nonindividual entity maintains a minimum of 20-percent interest in the vessel. For purposes of this paragraph (j),
interest in a vessel is determined as
the percentage of ownership in the corporation, partnership, association, or
other non-individual entity by that
person who is a shareholder in the corporation, partnership, association, or
other non-individual entity, multiplied
by the percentage of ownership in the
vessel by that person who is a shareholder in the corporation, partnership,
association, or other non-individual entity.

777

§ 679.42

50 CFR Ch. VI (10–1–23 Edition)

(10) Paragraphs (j)(1) and (j)(9) of this
section do not apply to any QS assigned to vessel category B, C, or D received by transfer after February 12,
2010, by an entity described in paragraph (j)(1) except a hired master may
be used to harvest IFQ derived from QS
that
were
consolidated
under
§ 679.41(e)(2) or (e)(3) after February 12,
2010, and before December 1, 2014.
(k) Sablefish vessel clearance requirements—(1) Bering Sea or Aleutian Islands. Any vessel operator who fishes
for IFQ sablefish in the Bering Sea or
Aleutian Islands must possess a transmitting VMS transmitter while fishing
for IFQ sablefish. The operator of the
vessel must comply with VMS requirements at § 679.28(f)(3) through (5).
(2) Gulf of Alaska. A vessel operator
using longline pot gear to fish for IFQ
sablefish in the Gulf of Alaska must
possess a transmitting VMS transmitter while fishing for sablefish. The
operator of the vessel must comply
with VMS requirements at § 679.28(f)(3)
through (5).
(l) GOA sablefish longline pot gear requirements. Additional regulations that
implement specific requirements for
any vessel operator who fishes for IFQ
sablefish in the GOA using longline pot
gear are set out under: § 300.61 Definitions, § 679.2 Definitions, § 679.5 Recordkeeping and reporting (R&R), § 679.7
Prohibitions, § 679.20 General limitations, § 679.23 Seasons, § 679.24 Gear limitations, and § 679.51 Observer requirements for vessels and plants.
(1) Applicability. Any vessel operator
who fishes for IFQ sablefish with
longline pot gear in the GOA must
comply with the requirements of this
paragraph (l). The IFQ regulatory areas
in the GOA include the Southeast Outside District of the GOA, the West Yakutat District of the GOA, the Central
GOA regulatory area, and the Western
GOA regulatory area.
(2) General. To use longline pot gear
to fish for IFQ sablefish in the GOA, a
vessel operator must:
(i)–(ii) [Reserved]
(iii) Deploy and retrieve longline pot
gear as specified in paragraph (l)(5);
(iv) Retain IFQ halibut caught in
longline pot gear if sufficient halibut
IFQ is held by persons on board the

vessel as specified in paragraph (l)(6);
and
(v) Comply with other requirements
as specified in paragraph (l)(7).
(3)–(4) [Reserved]
(5) Restrictions on GOA longline pot
gear deployment and retrieval—(i) General. (A) A vessel operator must mark
longline pot gear used to fish IFQ sablefish in the GOA as specified in
§ 679.24(a).
(B) A vessel operator must deploy
and retrieve longline pot gear to fish
IFQ sablefish in the GOA only during
the sablefish fishing period specified in
§ 679.23(g)(1).
(C) The gear retrieval and removal
requirements in paragraphs (l)(5)(iii)
and (iv) of this section apply to all
longline pot gear that is assigned to
the vessel and deployed to fish IFQ sablefish and to all other fishing equipment attached to longline pot gear
that is deployed in the water by the
vessel to fish IFQ sablefish. All other
fishing equipment attached to longline
pot gear includes, but is not limited to,
equipment used to mark longline pot
gear as required in § 679.24(a)(3).
(ii) Pot limits. A vessel operator is
limited to deploying a maximum number of pots to fish IFQ sablefish in each
IFQ regulatory area in the GOA.
(A) In the Southeast Outside District
of the GOA, a vessel operator is limited
to deploying a maximum of 120 pots.
(B) In the West Yakutat District of
the GOA, a vessel operator is limited to
deploying a maximum of 200 pots.
(C) In the Central GOA regulatory
area, a vessel operator is limited to deploying a maximum of 300 pots.
(D) In the Western GOA regulatory
area, a vessel operator is limited to deploying a maximum of 300 pots.
(iii) Gear retrieval. (A) In the Southeast Outside District of the GOA, a
catcher vessel operator must redeploy
or remove from the fishing grounds all
longline pot gear that is assigned to
the vessel and deployed to fish IFQ sablefish within five days of deploying
the gear.
(B) In the Southeast Outside District
of the GOA, a catcher/processor must
redeploy or remove from the fishing
grounds all longline pot gear that is assigned to the vessel and deployed to

778

Fishery Conservation and Management
fish IFQ sablefish within five days of
deploying the gear.
(C) In the West Yakutat District of
the GOA, a vessel operator must redeploy or remove from the fishing
grounds all longline pot gear that is assigned to the vessel and deployed to
fish IFQ sablefish within five days of
deploying the gear.
(D) In the Western GOA regulatory
area, a vessel operator must redeploy
or remove from the fishing grounds all
longline pot gear that is assigned to
the vessel and deployed to fish IFQ sablefish within seven days of deploying
the gear.
(E) In the Central GOA regulatory
area, a vessel operator must redeploy
or remove from the fishing grounds all
longline pot gear that is assigned to
the vessel and deployed to fish IFQ sablefish within seven days of deploying
the gear.
(iv) Longline pot gear used on multiple
vessels. Longline pot gear assigned to
one vessel and deployed to fish IFQ sablefish in the GOA must be removed
from the fishing grounds, and returned
to port before being deployed by another vessel to fish IFQ sablefish in the
GOA.
(6) Retention of halibut. (i) A vessel
operator who fishes for IFQ sablefish
using longline pot gear must retain
IFQ halibut if:
(A) The IFQ halibut is caught in any
GOA reporting area in accordance with
paragraph (l) of this section; and
(B) An IFQ permit holder on board
the vessel has unused halibut IFQ for
the IFQ regulatory area fished and IFQ
vessel category.
(ii) [Reserved]
(7) Other requirements. A vessel operator who fishes for IFQ sablefish using
longline pot gear in the GOA must:
(i) Complete a longline and pot gear
Daily Fishing Logbook (DFL) or Daily
Cumulative
Production
Logbook
(DCPL) as specified in § 679.5(c); and
(ii) Comply with Vessel Monitoring
System (VMS) requirements specified
in paragraph (k)(2) of this section.
(m) BSAI halibut and sablefish pot gear
requirements. Additional regulations
that implement specific requirements
for any vessel operator who fishes for
IFQ or CDQ halibut or IFQ or CDQ sablefish in the BSAI using pot gear are

§ 679.42
set out under § 300.61 of this title and
§§ 679.2, 679.5, 679.7, 679.20, 679.22, 679.24,
679.25, 679.28, 679.42, and 679.51.
(1) Applicability. Any vessel operator
who fishes for IFQ or CDQ halibut or
IFQ or CDQ sablefish with pot gear in
the BSAI must comply with the requirements of paragraph (m) of this
section. The IFQ regulatory areas in
the BSAI include 4B, 4C, 4D, and 4E and
the portion of Area 4A in the Bering
Sea Aleutian Islands west of 170°00′ W
long.
(2) General. To use pot gear to fish for
IFQ or CDQ halibut or IFQ or CDQ sablefish in the BSAI, a vessel operator
must:
(i) Retain IFQ or CDQ halibut caught
in pot gear if sufficient halibut IFQ or
CDQ is held by persons on board the
vessel as specified in paragraph (m)(3)
of this section; and
(ii) Comply with other requirements
as specified in paragraph (m)(4) of this
section.
(3) Retention of halibut. A vessel operator who fishes for IFQ or CDQ halibut
or IFQ or CDQ sablefish using pot gear
must retain IFQ or CDQ halibut if:
(i) The IFQ or CDQ halibut is caught
in any IFQ regulatory area in the BSAI
in accordance with paragraph (m) of
this section; and
(ii) An IFQ or CDQ permit holder on
board the vessel has unused halibut
IFQ or CDQ for the IFQ regulatory area
fished and IFQ vessel category.
(4) Other requirements. A vessel operator who fishes for IFQ or CDQ halibut
or IFQ or CDQ sablefish using pot gear
in the BSAI must:
(i) Complete a longline and pot gear
Daily Fishing Logbook (DFL) or Daily
Cumulative
Production
Logbook
(DCPL) as specified in § 679.5(c); and
(ii) Possess a transmitting VMS
transmitter and comply with the VMS
requirements at § 679.28(f)(3) through
(5).
(iii) Report pot gear information required when submitting a PNOL as described in § 679.5.
[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.42, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

779

§ 679.43

50 CFR Ch. VI (10–1–23 Edition)

§ 679.43 Determinations and appeals.
(a) General. This section describes the
procedure for appealing initial administrative determinations made in this
title under parts 300, 679, 680, and subpart E of part 300 of this chapter.
(b) Who may appeal. Any person
whose interest is directly and adversely affected by an initial administrative determination may file a written appeal. For purposes of this section, such persons will be referred to as
‘‘applicant’’ or ‘‘appellant.’’
(c) Submission of appeals. An appeal to
an initial administrative determination must be submitted under the appeals procedure set out at 15 CFR part
906.
(d) Timing of appeals. (1) If an applicant appeals an initial administrative
determination, the appeal must be filed
not later than 60 days after the date
the determination is issued.
(2) The time period within which an
appeal may be filed begins to run on
the date the initial administrative determination is issued. If the last day of
the time period is a Saturday, Sunday,
or Federal holiday, the time period will
extend to the close of business on the
next business day.
(e) Address of record. General—NMFS
will establish as the address of record
the address used by the applicant in
initial correspondence to NMFS concerning the application. Notifications
of all actions affecting the applicant
after establishing an address of record
will be mailed to that address, unless
the applicant provides NMFS, in writing, with any changes to that address.
NMFS bears no responsibility if a notification is sent to the address of record
and is not received because the applicant’s actual address has changed without notification to NMFS.
(f) Statement of reasons for appeals.
Applicants must timely submit a full
written statement in support of the appeal, including a concise statement of
the reasons the initial administrative
determination has a direct and adverse
effect on the applicant and should be
reversed or modified. If the applicant
requests a hearing on any issue presented in the appeal, such request for
hearing must be accompanied by a concise written statement raising genuine
and substantial issues of adjudicative

fact for resolution and a list of available and specifically identified reliable
evidence upon which the factual issues
can be resolved. The appellate officer
will limit his/her review to the issues
stated in the appeal; all issues not set
out in the appeal will be waived.
(g) Hearings. The appellate officer
will review the applicant’s appeal and
request for hearing, and has discretion
to proceed as follows:
(1) Deny the appeal;
(2) Issue a decision on the merits of
the appeal, if the record contains sufficient information on which to reach
final judgment; or
(3) Order that a hearing be conducted. The appellate officer may so
order only if the appeal demonstrates
the following:
(i) There is a genuine and substantial
issue of adjudicative fact for resolution
at a hearing. A hearing will not be ordered on issues of policy or law.
(ii) The factual issue can be resolved
by available and specifically identified
reliable evidence. A hearing will not be
ordered on the basis of mere allegations or denials or general descriptions
of positions and contentions.
(iii) The evidence described in the request for hearing, if established at
hearing, would be adequate to justify
resolution of the factual issue in the
way sought by the applicant. A hearing
will not be ordered if the evidence described is insufficient to justify the
factual determination sought, even if
accurate.
(iv) Resolution of the factual issue in
the way sought by the applicant is adequate to justify the action requested. A
hearing will not be ordered on factual
issues that are not determinative with
respect to the action requested.
(h) Types of hearings. If the appellate
officer determines that a hearing
should be held to resolve one or more
genuine and substantial issues of adjudicative fact, he/she may order:
(1) A written hearing, as provided in
paragraph (m) of this section; or
(2) An oral hearing, as provided in
paragraph (n) of this section.
(i) Authority of the appellate officer.
The appellate officer is vested with
general authority to conduct all hearings in an orderly manner, including
the authority to:

780

Fishery Conservation and Management
(1) Administer oaths.
(2) Call and question witnesses.
(3) Issue a written decision based on
the record.
(j) Evidence. All evidence that is relevant, material, reliable, and probative
may be included in the record. Formal
rules of evidence do not apply to hearings conducted under this section.
(k) Appellate officers’ decisions. The
appellate officer will close the record
and issue a decision after determining
there is sufficient information to
render a decision on the record of the
proceedings and that all procedural requirements have been met. The decision must be based solely on the record
of the proceedings. Except as provided
in paragraph (o) of this section, an appellate officer’s decision takes effect 30
days after it is issued and, upon taking
effect, is the final agency action for
purposes of judicial review.
(l) Disqualification of an appellate officer. (1) The appellate officer will withdraw from an appeal at any time he/she
deems himself/herself disqualified.
(2) The appellate officer may withdraw from an appeal on an appellant’s
motion if:
(i) The motion is entered prior to the
appellate officer’s issuance of a decision; and
(ii) The appellant demonstrates that
the appellate officer has a personal
bias or any other basis for disqualification.
(3) If the appellate officer denies a
motion to withdraw, he/she will so rule
on the record.
(m) Written hearing. (1) An appellate
officer may order a written hearing
under paragraph (h)(1) of this section if
he/she:
(i) Orders a hearing as provided in
paragraph (g)(3) of this section; and
(ii) Determines that the issues to be
resolved at hearing can be resolved by
allowing the appellant to present written materials to support his/her position.
(2) After ordering a written hearing,
the appellate officer will:
(i) Provide the appellant with notification that a written hearing has been
ordered.
(ii) Provide the appellant with a
statement of issues to be determined at
hearing.

§ 679.43
(iii) Provide the appellant with 30
days to file a written response. The appellant may also provide documentary
evidence to support his/her position.
The period to file a written response
may be extended at the sole discretion
of the appellate officer, if the appellant
shows good cause for the extension.
(3) The appellate officer may, after
reviewing the appellant’s written response and documentary evidence:
(i) Order that an oral hearing be held,
as provided in paragraph (h)(2) of this
section, to resolve issues that cannot
be resolved through the written hearing process;
(ii) Request supplementary evidence
from the appellant before closing the
record; or
(iii) Close the record.
(4) The appellate officer will close the
record and issue a decision after determining that the information on the
record is sufficient to render a decision.
(n) Oral hearing. (1) The appellate officer may order an oral hearing under
paragraphs (h)(2) and (m)(3)(i) of this
section if he/she:
(i) Orders a hearing as provided in
paragraph (g)(3) of this section; and
(ii) Determines that the issues to be
resolved at hearing can best be resolved through the oral hearing process.
(2) After ordering an oral hearing,
the appellate officer will:
(i) Provide the appellant with notification that an oral hearing has been
ordered.
(ii) Provide the appellant with a
statement of issues to be determined at
hearing.
(iii) Provide the appellant with notification, at least 30 days in advance, of
the place, date, and time of the oral
hearing. Oral hearings will be held in
Juneau, AK, at the prescribed date and
time, unless the appellate officer determines, based upon good cause shown,
that a different place, date, or time
will better serve the interests of justice. A continuance of the oral hearing
may be ordered at the sole discretion of
the appellate officer if the appellant
shows good cause for the continuance.

781

§ 679.44

50 CFR Ch. VI (10–1–23 Edition)

(3) The appellate officer may, either
at his/her own discretion or on the motion of the appellant, order a pre-hearing conference, either in person or telephonically, to consider:
(i) The simplification of issues.
(ii) The possibility of obtaining stipulations, admissions of facts, and
agreements to the introduction of documents.
(iii) The possibility of settlement or
other means to facilitate resolution of
the case.
(iv) Such other matters as may aid in
the disposition of the proceedings.
(4) The appellate officer must provide
the appellant with notification of a
pre-hearing conference, if one is ordered, at least 30 days in advance of the
conference. All action taken at the prehearing conference will be made part of
the record.
(5) At the beginning of the oral hearing, the appellate officer may first seek
to obtain stipulations as to material
facts and the issues involved and may
state any other issues on which he/she
may wish to have evidence presented.
Issues to be resolved at the hearing
will be limited to those identified by
the appellate officer as provided in
paragraph (g)(3) of this section. The appellant will then be given an opportunity to present his/her case.
(6) During the oral hearing, the appellant has the right to present reliable
and material oral or documentary evidence and to conduct such cross-examination as may be required in the interests of justice.
(7) After the conclusion of the oral
hearing, the appellant may be given
time by the appellate officer to submit
any supplementary information that
may assist in the resolution of the
case.
(8) The appellate officer will close the
record and issue a decision after determining that the information on the
record is sufficient to render a decision.
(o) Review by the Regional Administrator. An appellate officer’s decision is
subject to review by the Regional Administrator, as provided in this paragraph (o).
(1) The Regional Administrator may
affirm, reverse, modify, or remand the
appellate officer’s decision before the

30-day effective date of the decision
provided in paragraph (k) of this section.
(2) The Regional Administrator may
take any of these actions on or after
the 30-day effective date by issuing a
stay of the decision before the 30-day
effective date. An action taken under
paragraph (o)(1) of this section takes
effect immediately.
(3) The Regional Administrator must
provide a written explanation why an
appellate officer’s decision has been reversed, modified, or remanded.
(4) The Regional Administrator must
promptly notify the appellant(s) of any
action taken under this paragraph (o).
(5) The Regional Administrator’s decision to affirm, reverse, or modify an
appellate officer’s decision is a final
agency action for purposes of judicial
review.
(p) Issuance of a non-transferable license. A non-transferable license will
be issued to a person upon acceptance
of his or her appeal of an initial administrative determination denying an application for a license for license limitation groundfish, crab species under
§ 679.4(k) or scallops under § 679.4(g).
This non-transferable license authorizes a person to conduct directed fishing for groundfish, crab species, or
catch and retain scallops and will have
specific endorsements and designations
based on the person’s claims in his or
her application for a license. This nontransferable license expires upon the
resolution of the appeal.
[61 FR 31230, June 19, 1996, as amended at 62
FR 17753, Apr. 11, 1997; 63 FR 52657, Oct. 1,
1998; 63 FR 64879, Nov. 24, 1998; 65 FR 78118,
Dec. 14, 2000; 66 FR 27911, May 21, 2001; 67 FR
4148, Jan. 28, 2002; 67 FR 64317, Oct. 18, 2002; 67
FR 72611, Dec. 6, 2002; 68 FR 44487, July 29,
2003; 70 FR 10238, Mar. 2, 2005; 70 FR 16754,
Apr. 1, 2005; 77 FR 6501, Feb. 8, 2012; 85 FR
8481, Feb. 14, 2020]

§ 679.44 Penalties.
Any person committing, or a fishing
vessel used in the commission of, a violation of the Magnuson-Stevens Act or
Halibut Act, or any regulation issued
under the Magnuson-Stevens Act or
Halibut Act, is subject to the civil and
criminal penalty provisions and civil
forfeiture provisions of the MagnusonStevens Act or Halibut Act, to part 600
of this chapter, to 15 CFR part 904

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Fishery Conservation and Management
(Civil Procedures), and to other applicable law. Penalties include but are not
limited to permanent or temporary
sanctions to QS and associated IFQ.
§ 679.45 IFQ cost recovery program.
(a) Cost recovery fees—(1) Responsibility. An IFQ permit holder is responsible for cost recovery fees for landings
of his or her IFQ halibut and sablefish,
including any halibut landed as guided
angler fish (GAF), as defined in § 300.61
of this title, derived from his or her
IFQ accounts. An RQE is responsible
for cost recovery fees for all RFQ
issued to the RQE. An IFQ permit holder or RQE must comply with the requirements of this section.
(2) IFQ Fee Liability Determination—(i)
General. IFQ fee liability means a cost
recovery liability based on either the
value of all landed IFQ and GAF derived from the permit holder’s IFQ permit(s), or the value of all RFQ issued
to an RQE.
(A) Each year, the Regional Administrator will issue each IFQ permit holder a summary of his or her IFQ equivalent pounds landed as IFQ and GAF and
will issue an RQE a summary of its
RFQ pounds issued as part of the IFQ
Landing and Estimated Fee Liability
page described at § 679.5(l)(7)(ii)(D).
(B) The summary will include information on IFQ and GAF landings and
an estimated IFQ fee liability using the
IFQ standard ex-vessel value for IFQ
and GAF landings. For fee purposes:
(1) Landings of GAF in IFQ regulatory area 2C or 3A are converted to
IFQ equivalent pounds and assessed at
the IFQ regulatory area 2C or 3A IFQ
standard ex-vessel value.
(2) GAF that is returned to the IFQ
permit holder’s account pursuant to
§ 300.65(c) of this title, and subsequently landed as IFQ during the IFQ
fishing year, is included in the IFQ fee
liability and subject to fee assessment
as IFQ equivalent pounds.
(3) All RFQ issued to an RQE in IFQ
regulatory area 2C or 3A will be assessed at the IFQ regulatory area 2C or
3A IFQ standard ex-vessel value.
(C) The IFQ permit holder must either accept NMFS’ estimate of the IFQ
fee liability or revise NMFS’ estimate
of the IFQ fee liability using the IFQ
Permit Holder Fee Submission Form

§ 679.45
described at § 679.5(l)(7)(ii), except that
the standard ex-vessel value used to determine the fee liability for GAF is not
subject to challenge. If the IFQ permit
holder revises NMFS’ estimate of his or
her IFQ fee liability, NMFS may request in writing that the permit holder
submit documentation establishing the
factual basis for the revised calculation. If the IFQ permit holder fails to
provide adequate documentation on or
by the 30th day after the date of such
request, NMFS will determine the IFQ
permit holder’s IFQ fee liability based
on standard ex-vessel values.
(D) An RQE may not challenge the
standard ex-vessel value used to determine the fee liability for all RFQ
issued to the RQE.
(ii) Value assigned to GAF. The IFQ
fee liability is computed from all net
pounds allocated to the IFQ permit
holder that are landed, including IFQ
landed as GAF.
(A) NMFS will determine the IFQ
equivalent pounds of GAF landed in
IFQ regulatory area 2C or 3A that are
derived from the IFQ permit holder’s
account.
(B) The IFQ equivalent pounds of
GAF landed in IFQ regulatory area 2C
or 3A are multiplied by the standard
ex-vessel value computed for that area
to determine the value of IFQ landed as
GAF.
(iii) The value of IFQ landed as GAF
is added to the value of the IFQ permit
holder’s landed IFQ, and the sum is
multiplied by the annual IFQ fee percentage to estimate the IFQ permit
holder’s IFQ fee liability.
(3) Fee collection. (i) An IFQ permit
holder with IFQ and/or GAF landings is
responsible for collecting his or her
own fee during the calendar year in
which the IFQ fish and/or GAF are
landed.
(ii) An RQE is responsible for collecting its own fees during the calendar
year in which the RFQ is issued to the
RQE.
(4) Payment—(i) Payment due date. An
IFQ permit holder or RQE must submit
its IFQ fee liability payment(s) to
NMFS as instructed at paragraph
(a)(4)(iii) of this section not later than
January 31 of the year following the
calendar year in which the IFQ or GAF

783

§ 679.45

50 CFR Ch. VI (10–1–23 Edition)

landings were made or the RFQ was
issued to the RQE.
(ii) Payment recipient. Make payment
payable to NMFS.
(iii) Payment address. Submit payment and related documents as instructed on the fee submission form.
Payments may be made electronically
through the NMFS Alaska Region Web
site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will
be made available on both the payment
Web site and a fee liability summary
letter mailed to the IFQ permit holder.
(iv) Payment method—(A) Prior to December 1, 2019, payment must be made
in U.S. dollars by personal check drawn
on a U.S. bank account, money order,
bank-certified check, or electronically
by credit card.
(B) On or after December 1, 2019, payment must be made electronically in
U.S. dollars by automated clearing
house, credit card, or electronic check
drawn on a U.S. bank account.
(b) IFQ ex-vessel value determination
and use—(1) General. (i) An IFQ permit
holder must use either the IFQ actual
ex-vessel value or the IFQ standard exvessel value when determining the IFQ
fee liability based on ex-vessel value,
except that landed GAF are assessed at
the standard ex-vessel values derived
by NMFS. An IFQ permit holder must
base all fee liability calculations on
the ex-vessel value that correlates to
landed IFQ in IFQ equivalent pounds.
(ii) An RQE must use the IFQ standard ex-vessel value derived by NMFS
for all RFQ issued to the RQE.
(2) IFQ actual ex-vessel value. An IFQ
permit holder that uses actual ex-vessel value, as defined in § 679.2, to determine IFQ fee liability for landed IFQ
must document actual ex-vessel value
for each IFQ permit. The actual ex-vessel value cannot be used to assign
value to halibut landed as GAF or
issued as RFQ.
(3) IFQ standard ex-vessel value—(i)
Use of standard price. An IFQ permit
holder that uses standard ex-vessel
value to determine the IFQ fee liability, as part of a revised IFQ fee liability submission, must use the corresponding standard price(s) as published in the FEDERAL REGISTER.
(ii) All landed GAF and RFQ issued
to an RQE must be valued using the

standard ex-vessel value for the year
and for the IFQ regulatory area of harvest—Area 2C or Area 3A.
(iii) Duty to publish list. Each year the
Regional Administrator will publish a
list of IFQ standard prices in the FEDERAL REGISTER during the last quarter
of the calendar year. The IFQ standard
prices will be described in U.S. dollars
per IFQ equivalent pound, for IFQ halibut and sablefish landings made during the current calendar year.
(iv) Effective duration. The IFQ standard prices will remain in effect until
revised by the Regional Administrator
by notification in the FEDERAL REGISTER based upon new information of
the type set forth in this section. IFQ
standard prices published in the FEDERAL REGISTER by NMFS shall apply to
all landings made in the same calendar
year as the IFQ standard price publication and shall replace any IFQ standard prices previously provided by
NMFS that may have been in effect for
that same calendar year.
(v) Determination. NMFS will apply
the standard price, aggregated by IFQ
regulatory area 2C or 3A, to GAF landings and RFQ issued to an RQE. NMFS
will calculate the IFQ standard prices
to reflect, as closely as possible by
month and port or port-group, the variations in the actual ex-vessel values of
IFQ halibut and IFQ sablefish landings
based on information provided in the
IFQ Registered Buyer Ex-Vessel Value
and Volume Report as described in
§ 679.5(l)(7)(i). The Regional Administrator will base IFQ standard prices on
the following types of information:
(A) Landed net pounds by IFQ species, port-group, and month;
(B) Total ex-vessel value by IFQ species, port-group, and month; and
(C) Price adjustments, including IFQ
retro-payments.
(c) [Reserved]
(d) IFQ fee percentage—(1) Established
percentage. The annual IFQ fee percentage is the amount as determined by the
factors and methodology described in
paragraph (d)(2) of this section. This
amount will be announced by publication in the FEDERAL REGISTER in accordance with paragraph (d)(3) of this
section. This amount must not exceed 3
percent
pursuant
to
16
U.S.C.
1854(d)(2)(B).

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Fishery Conservation and Management
(2) Calculating the fee percentage. Each
year NMFS shall calculate and publish
the fee percentage according to the following factors and methodology:
(i) Factors. NMFS must use the following factors to determine the fee percentage:
(A) The IFQ, RFQ, and GAF landings
to which the IFQ fee will apply;
(B) The ex-vessel value of that landed
IFQ, RFQ, and GAF; and
(C) The costs directly related to the
management and enforcement of the
IFQ Program, which include RQE and
GAF costs.
(ii) Methodology. NMFS must use the
following equation to determine the fee
percentage:
100 × (DPC/V)
Where:
‘‘DPC’’ is the direct program costs for the
IFQ fishery for the previous fiscal year,
and
‘‘V’’ is the ex-vessel value determined for
IFQ landed as commercial catch, RFQ, or
GAF subject to the IFQ fee liability for
the current year.

(3) Publication—(i) General. During or
before the last quarter of each calendar
year, NMFS shall publish the IFQ fee
percentage in the FEDERAL REGISTER.
NMFS shall base any IFQ fee liability
calculations on the factors and methodology in paragraph (d)(2) of this section.
(ii) Effective period. The calculated
IFQ fee percentage shall remain in effect through the end of the calendar
year in which it was determined.
(4) Applicable percentage. The IFQ permit holder must use the IFQ fee percentage in effect for the year in which
the IFQ, RFQ, and GAF landings are
made to calculate his or her fee liability for such landed IFQ, RFQ, and GAF.
The IFQ permit holder or RQE must
use the IFQ fee percentage in effect at
the time an IFQ retro-payment is received by the IFQ permit holder to calculate his or her IFQ fee liability for
the IFQ retro-payment.
(e) Non-payment of fee. (1) If an IFQ
permit holder or RQE does not submit
a complete IFQ Permit Holder Fee
Submission Form and corresponding
payment by the due date described in
§ 679.45(a)(4), the Regional Administrator will:

§ 679.45
(i) Send Initial Administrative Determination (IAD). Send an IAD to the IFQ
permit holder or RQE stating that the
estimated fee liability, as calculated
by the Regional Administrator and
sent to the IFQ permit holder or RQE
pursuant to § 679.45(a)(2), is the amount
of IFQ fee liability due from the IFQ
permit holder or RQE. An IFQ permit
holder or RQE who receives an IAD
may appeal the IAD, as described in
paragraph (h) of this section.
(ii) Disapprove transfer. Disapprove
any transfer of GAF, IFQ, or QS to or
from the IFQ permit holder or RQE in
accordance with § 300.65(c) of this title
and § 679.41(c), until the IFQ fee liability is reconciled, except that NMFS
may return unused GAF to the IFQ
permit holder’s account from which it
was derived on or after the automatic
GAF return date.
(2) Upon final agency action determining that an IFQ permit holder has
not paid his or her IFQ fee liability, as
described in paragraph (f) of this section, any IFQ fishing permit or RFQ
permit account held by the IFQ permit
holder or RQE is not valid until all IFQ
fee liabilities are paid.
(3) If payment is not received on or
before the 30th day after the final agency action, the matter will be referred
to the appropriate authorities for purposes of collection.
(f) Underpayment of IFQ fee. (1) When
an IFQ permit holder or RQE has incurred a fee liability and made a timely payment to NMFS of an amount less
than the NMFS estimated IFQ fee liability, the Regional Administrator
will review the IFQ Permit Holder Fee
Submission Form and related documentation submitted by the IFQ permit holder or RQE. If the Regional Administrator determines that the IFQ
permit holder or RQE has not paid a
sufficient amount, the Regional Administrator will:
(i) Disapprove transfer. Disapprove
any transfer of GAF, IFQ, or QS to or
from the IFQ permit holder or RQE in
accordance with § 300.65(c) of this title
and § 679.41(c), until the IFQ fee liability is reconciled, except that NMFS
may return unused GAF to the IFQ
permit holder’s account from which it
was derived 15 days prior to the closing

785

§ 679.50

50 CFR Ch. VI (10–1–23 Edition)

of the commercial halibut fishing season each year.
(ii) Notify permit holder. Notify the
IFQ permit holder or RQE by letter
that an insufficient amount has been
paid and that the IFQ permit holder
has 30 days from the date of the letter
to either pay the amount determined
to be due or provide additional documentation to prove that the amount
paid was the correct amount.
(2) After the expiration of the 30-day
period, the Regional Administrator
will evaluate any additional documentation submitted by an IFQ permit
holder or RQE in support of its payment. If the Regional Administrator
determines that the additional documentation does not meet the burden of
proving the payment is correct, the Regional Administrator will send the IFQ
permit holder or RQE an IAD indicating that the IFQ permit holder or
RQE did not meet the burden of proof
to change the IFQ fee liability as calculated by the Regional Administrator
based upon the IFQ standard ex-vessel
value. The IAD will set out the facts
and indicate the deficiencies in the
documentation submitted by the IFQ
permit holder or RQE. An IFQ permit
holder or RQE who receives an IAD
may appeal the IAD, as described in
paragraph (h) of this section.
(3) If the permit holder fails to file an
appeal of the IAD pursuant to 15 CFR
part 906, the IAD will become the final
agency action.
(4) If the IAD is appealed and the
final agency action is a determination
that additional sums are due from the
IFQ permit holder or RQE, the IFQ permit holder or RQE must pay any IFQ
fee amount determined to be due not
later than 30 days from the issuance of
the final agency action.
(5) Upon final agency action determining that an IFQ permit holder or
RQE has not paid his or her IFQ fee liability, any IFQ fishing permit held by
the IFQ permit holder or RQE is not
valid until all IFQ fee liabilities are
paid.
(6) If payment is not received on or
before the 30th day after the final agency action, the matter will be referred
to the appropriate authorities for purposes of collection.

(g) Over payment. Upon issuance of
final agency action, any amount submitted to NMFS in excess of the IFQ
fee liability determined to be due by
the final agency action will be returned
to the IFQ permit holder or RQE unless
the IFQ permit holder or RQE requests
the agency to credit the excess amount
against the IFQ permit holder’s or
RQE’s future IFQ fee liability.
(h) Appeals and requests for reconsideration. An IFQ permit holder who receives an IAD may either appeal the
IAD pursuant to 15 CFR part 906 or request reconsideration. Within 60 days
from the date of issuance of the IAD,
the Regional Administrator may undertake a reconsideration of the IAD
on his or her own initiative. If a request for reconsideration is submitted
or the Regional Administrator initiates a reconsideration, the 60-day period for appeal under 15 CFR part 906
will begin anew upon issuance of the
Regional Administrator’s reconsidered
IAD. The Regional Administrator may
undertake only one reconsideration of
the IAD, if any. If an IFQ permit holder
fails to file an appeal of the IAD pursuant to 15 CFR part 906, the IAD will become the final agency action. In any
appeal or reconsideration of an IAD
made under this section, an IFQ permit
holder has the burden of proving his or
her claim.
(i) Annual report. NMFS will publish
annually a report describing the status
of the IFQ Cost Recovery Program.
[65 FR 14924, Mar. 20, 2000, as amended at 67
FR 4133, Jan. 28, 2002; 71 FR 44232, Aug. 4,
2006; 76 FR 40633, July 11, 2011; 78 FR 75893,
Dec. 12, 2013; 81 FR 23649, Apr. 22, 2016; 83 FR
47833, Sept. 21, 2018]

Subpart E—North Pacific Observer
Program
SOURCE: 61 FR 56431, Nov. 1, 1996, unless
otherwise noted.

§ 679.50 Applicability.
(a) General. (1) The operator of a vessel designated or required to be designated on a Federal fisheries permit
(FFP) under § 679.4(b); the operator of a
processor designated or required to be
designated on a Federal processor permit (FPP) under § 679.4(f)(1) or a Registered Buyer permit under § 679.4(d)(3);

786

Fishery Conservation and Management
and the operator of a vessel used to
harvest IFQ halibut, CDQ halibut, or
IFQ sablefish must comply with this
subpart. The owner of a vessel or a
shoreside processor must ensure that
the operator or manager complies with
this subpart.
(2) Exceptions. A catcher vessel is not
subject to the requirements of this subpart when delivering unsorted codends
to a mothership.
(3) For purposes of this subpart, halibut means CDQ and IFQ halibut.
(b) [Reserved]
[77 FR 70091, Nov. 21, 2012, as amended at 83
FR 30532, June 29, 2018]

§ 679.51 Observer and Electronic Monitoring System requirements for vessels and plants.
(a) Observer requirements for vessels—
(1) Groundfish and halibut fishery partial
coverage category—(i) Vessel classes in
partial coverage category. Unless otherwise specified in paragraph (a)(2) of
this section, the following catcher vessels and catcher/processors are in the
partial coverage category when fishing
for halibut or when directed fishing for
groundfish in a federally managed or
parallel groundfish fishery, as defined
at § 679.2:
(A) A catcher vessel designated on an
FFP under § 679.4(b)(1);
(B) A catcher vessel when fishing for
halibut while carrying a person named
on a permit issued under § 679.4(d)(1)(i),
(d)(2)(i), or (e)(2), or for IFQ sablefish,
as defined at § 679.2, while carrying a
person named on a permit issued under
§ 679.4(d)(1)(i) or (d)(2)(i); or
(C) A catcher/processor placed in the
partial coverage category under paragraph (a)(3) of this section; or
(D) A catcher vessel less than or
equal to 46 ft LOA using hook-and-line
gear when groundfish CDQ fishing
under § 679.32(c)(3)(iii).
(ii) Registration and notification of observer deployment. The Observer Declare
and Deploy System (ODDS) is the communication platform for the partial
coverage category by which NMFS receives information about fishing plans
subject to randomized observer deployment. Vessel operators provide fishing
plan and contact information to NMFS
and receive instructions through ODDS
for coordinating with an observer pro-

§ 679.51
vider for any required observer coverage. Access to ODDS is available
through the NMFS Alaska Region Web
site at http://alaskafisheries.noaa.gov.
(A) Registration. NMFS will enter information into ODDS about all partial
coverage category vessels that are designated on an FFP and all catcher vessels that are not designated on an FFP
but that landed sablefish IFQ or halibut IFQ or CDQ in the previous or current year. Owners or operators are not
responsible for initial registration of
their vessel in ODDS.
(B) Notification. Upon entry into
ODDS, NMFS will notify the owner or
operator of his or her vessel’s selection
pool. Owners and operators must comply with all further instructions set
forth by ODDS.
(C) Trip selection pool. (1) A minimum
of 72 hours prior to embarking on each
fishing trip, the operator of a vessel in
the trip selection pool must register
the anticipated trip with ODDS.
(2) When a fishing trip is registered
with
ODDS
per
paragraph
(a)(1)(ii)(C)(1) of this section, the vessel
operator will be notified by ODDS
whether the trip is selected for observer coverage and a receipt number
corresponding to this notification will
be provided by ODDS. Trip registration
is complete when the vessel operator
receives a receipt number.
(3) An operator may embark on a
fishing trip registered with ODDS:
(i) Not selected trip. At any time if
ODDS indicates that the fishing trip is
not selected for observer coverage.
(ii) Selected trip. When an observer is
aboard the vessel if ODDS indicates
that the fishing trip is selected for observer coverage.
(4) Delayed trip. A selected fishing
trip not embarked upon within 48 hours
of the time specified in the registration
with ODDS is invalidated. The operator
must register any new trip in accordance with paragraph (a)(1)(ii)(C)(1) of
this section.
(5) Observer coverage duration. If selected, a vessel is required to carry an
observer for the entire fishing trip.
(i) A fishing trip selected for observer
coverage may not begin until all previously harvested fish has been
offloaded and an observer is aboard the
vessel.

787

§ 679.51

50 CFR Ch. VI (10–1–23 Edition)

(ii) An observer may not be transferred off a catcher vessel until the observer confirms that all fish from the
observed fishing trip are offloaded.
(iii) A vessel must make a minimum
of one delivery to a tender vessel to be
subject to paragraph (3)(ii) of the fishing trip definition at § 679.2.
(D) Vessel selection pool. A vessel selected for observer coverage is required
to have an observer on board for all
groundfish and halibut fishing trips
specified at paragraph (a)(1)(i) of this
section for the time period indicated
by ODDS.
(iii) Release from observer coverage.
The Observer Program may release a
selected trip per paragraph (a)(1)(ii)(C)
of this section or a selected vessel per
paragraph (a)(1)(ii)(D) of this section,
from observer coverage on a case-bycase basis.
(2) Groundfish and halibut fishery full
observer coverage category—(i) Vessel
classes in the full coverage category. The
following classes of vessels are in the
full observer coverage category when
harvesting halibut or when harvesting,
receiving, or processing groundfish in a
federally managed or parallel groundfish fishery, as defined at § 679.2:
(A) Catcher/processors, except a
catcher/processor placed in the partial
observer coverage category under paragraph (a)(3) of this section;
(B) Motherships; and
(C) Catcher vessels while:
(1) Directed fishing for pollock in the
BS;
(2) Using trawl gear or hook-and-line
gear when groundfish CDQ fishing (see
§ 679.2), except for catcher vessels less
than or equal to 46 ft LOA using hookand-line gear when groundfish CDQ
fishing under § 679.32(c)(3)(iii);
(3) Participating in the Rockfish Program; or
(4) Using trawl gear in the BSAI if
the vessel has been placed in the full
observer coverage category under paragraph (a)(4) of this section; or
(5) Participating in the PCTC Program.
(ii) Observer coverage requirements. Unless subject to the partial observer coverage category per paragraph (a)(1)(i)
of this section, a vessel listed in paragraphs (a)(2)(i)(A) through (C) of this
section must have at least one observer

aboard the vessel at all times. Some
fisheries require additional observer
coverage in accordance with paragraph
(a)(2)(vi) of this section.
(iii) Observer workload. The time required for an observer to complete
sampling, data recording, and data
communication duties per paragraph
(a)(2) of this section may not exceed 12
consecutive hours in each 24-hour period.
(iv) Catcher/processor classification. (A)
For purposes of this subpart, a vessel is
classified as a catcher/processor according to the operation designation on
its FFP. A vessel designated as a
catcher/processor at any time during
the calendar year is classified as a
catcher/processor for the remainder of
the calendar year.
(B) [Reserved]
(v) [Reserved]
(vi) Additional observer requirements—
(A) CDQ fisheries. The owner or operator of a vessel must comply with the
following requirements each day that
the vessel is used to catch, process, deliver, or receive CDQ groundfish.
(1) Catcher/processors using trawl gear
and directed fishing for pollock CDQ in
the BSAI and motherships taking deliveries from catcher vessels directed fishing
for pollock CDQ in the BSAI. See paragraph (a)(2)(vi)(B)(2) of this section.
(2) Catcher/processors using trawl gear
and groundfish CDQ fishing. See paragraph (a)(2)(vi)(C) of this section.
(3) Catcher/processors using hook-andline gear and groundfish CDQ fishing.
See paragraph (a)(2)(vi)(E) of this section.
(4) Catcher/processors using pot gear for
groundfish CDQ fishing. A catcher/processor using pot gear must have at least
one lead level 2 observer aboard the
vessel. More than one observer must be
aboard if the observer workload restriction would otherwise preclude
sampling as required.
(5) Motherships. A mothership that receives unsorted codends from catcher
vessels groundfish CDQ fishing must
have at least two observers aboard the
mothership, at least one of whom must
be endorsed as a lead level 2 observer.
More than two observers must be
aboard if the observer workload restriction would otherwise preclude
sampling as required.

788

Fishery Conservation and Management
(B) BSAI pollock fisheries—(1) Listed
AFA
catcher/processors,
catcher/processors designated on listed AFA catcher/
processor permits, and AFA motherships.
The owner or operator of a listed AFA
catcher/processor, a catcher/processor
designated on a listed AFA catcher/
processor
permit,
or
an
AFA
mothership must have aboard at least
two observers, at least one of whom
must be endorsed as a lead level 2 observer, for each day that the vessel is
used to catch, process, or receive
groundfish. More than two observers
must be aboard if the observer workload restriction would otherwise preclude sampling as required.
(2) Pollock CDQ catcher/processors and
motherships. The owner or operator of a
catcher/processor or mothership used
to catch, process, or receive pollock
CDQ must comply with the observer
coverage requirements in paragraph
(a)(2)(vi)(B)(1) of this section for each
day that the vessel is used to catch,
process, or receive pollock CDQ.
(3) Unlisted AFA catcher/processors and
catcher/processors designated on unlisted
AFA catcher/processor permits. The
owner or operator of an unlisted AFA
catcher/processor or a catcher/processor designated on an unlisted AFA
catcher/processor permit must have
aboard at least two observers for each
day that the vessel is used to engage in
directed fishing for pollock in the
BSAI, or receive pollock harvested in
the BSAI. At least one observer must
be endorsed as a lead level 2 observer.
When a listed AFA catcher/processor is
not engaged in directed fishing for
BSAI pollock and is not receiving pollock harvested in the BSAI, the observer coverage requirements at paragraph (a)(2)(ii) of this section apply.
(4) AI directed pollock fishery catcher/
processors and motherships. A catcher/
processor participating in the AI directed pollock fishery or a mothership
processing pollock harvested in the AI
directed pollock fishery must have
aboard at least two observers, at least
one of which must be endorsed as a
lead level 2 observer, for each day that
the vessel is used to catch, process, or
receive groundfish. More than two observers must be aboard if the observer
workload restriction would otherwise
preclude sampling as required.

§ 679.51
(C) Amendment 80 vessels and catcher/
processors not listed in § 679.4(1)(2)(i) and
using trawl gear in the BSAI. All Amendment 80 vessels using any gear but
dredge gear while directed fishing for
scallops and catcher/processors not
listed in § 679.4(1)(2)(i) and using trawl
gear in the BSAI must have aboard at
least two observers for each day that
the vessel is used to catch, process, or
receive groundfish harvested in a federally managed or parallel groundfish
fishery. At least one observer must be
endorsed as a lead level 2 observer.
More than two observers are required if
the observer workload restriction
would otherwise preclude sampling as
required.
(D) Catcher/processors participating in
the Rockfish Program—(1) Rockfish cooperative. A catcher/processor that is
named on an LLP license that is assigned to a rockfish cooperative and is
fishing under a CQ permit must have at
least two observers aboard for each day
that the vessel is used to catch or process fish in the Central GOA from May
1 through the earlier of November 15 or
the effective date and time of an approved rockfish cooperative termination of fishing declaration. At least
one observer must be endorsed as a
lead level 2 observer. More than two
observers must be aboard if the observer workload restriction would otherwise preclude sampling as required.
(2) Rockfish sideboard fishery for catcher/processors in a rockfish cooperative. A
catcher/processor that is subject to a
sideboard limit as described under
§ 679.82(e) must have at least two observers aboard for each day that the
vessel is used to harvest or process fish
in the West Yakutat District, Central
GOA, or Western GOA management
areas from July 1 through July 31. At
least one observer must be endorsed as
a lead level 2 observer. More than two
observers must be aboard if the observer workload restriction would otherwise preclude sampling as required.
(E) Longline catcher/processor subsector. The owner and operator of a
catcher/processor subject to § 679.100(b)
must comply with the following observer coverage requirements:
(1) Increased observer coverage option.
If the vessel owner selects the increased observer coverage option under

789

§ 679.51

50 CFR Ch. VI (10–1–23 Edition)

§ 679.100(b)(1), at least two observers
must be aboard the vessel at all times
when the vessel is operating in either
the BSAI or GOA groundfish fisheries
when directed fishing for Pacific cod is
open in the BSAI, or while the vessel is
groundfish CDQ fishing. At least one of
the observers must be endorsed as a
lead level 2 observer. More than two
observers are required if the observer
workload restriction would otherwise
preclude sampling as required.
(2) Scales option. If the vessel owner
selects
the
scales
option
under
§ 679.100(b)(2), one lead level 2 observer
must be aboard the vessel at all times
when the vessel is operating in either
the BSAI or GOA groundfish fisheries
when directed fishing for Pacific cod is
open in the BSAI, or while the vessel is
groundfish CDQ fishing.
(F) Halibut deck sorting. Vessels subject to § 679.120 must have at least two
observers aboard at all times when halibut deck sorting may occur; one observer must be endorsed as a lead level
2 observer. More than two observers
are required if the observer workload
restriction would otherwise preclude
sampling as required.
(G) PCTC Program motherships. A
mothership that receives unsorted
codends from catcher vessels harvesting Pacific cod under the PCTC
Program must have at least two observers aboard the mothership, at least
one of whom must be endorsed as a
lead level 2 observer. More than two
observers must be aboard if the observer workload restriction would otherwise preclude sampling as required.
(3) Catcher/processor placement in the
partial observer coverage category for a
year—(i) Definitions. For purposes of
this paragraph (a)(3), these terms are
defined as follows:
(A) Average weekly groundfish production means the annual groundfish
round weight production estimate for a
catcher/processor, divided by the number of separate weeks during which
production occurred, as determined by
production reports, excluding any
groundfish caught using trawl gear.
(B) Fishing year means the year during which a catcher/processor might be
placed in partial observer coverage.
(C) Standard basis year means the
fishing year minus two years.

(D) Alternate basis year means the
most recent year before the standard
basis year in which a catcher/processor
had any groundfish production but not
earlier than 2009.
(ii) Deadline for requesting partial observer coverage. For the 2017 fishing
year and every fishing year after 2017,
the deadline for requesting partial observer coverage is July 1 of the year
prior to the fishing year.
(iii) Requirements for placing a catcher/
processor in the partial observer coverage
category. NMFS will place a catcher/
processor in the partial observer coverage category for a fishing year if the
owner of the catcher/processor requests
placement in partial observer coverage
by the deadline for requesting partial
observer coverage for that fishing year
and the catcher/processor meets the
following requirements:
(A) An average weekly groundfish
production of:
(1) 79,000 lb (35.8 mt) or less, but more
than zero lb, in the standard basis year;
or
(2) Zero lb in the standard basis year
and 79,000 lb (35.8 mt) or less, but more
than zero lb, in the alternate basis
year; or
(3) Had no production from 2009
through the standard basis year; and
(B) Is not a catcher/processor using
trawl gear; and
(C) Is not subject to additional observer coverage requirements in paragraph (a)(2)(vi) of this section.
(iv) How to request placement of a
catcher/processor in partial observer coverage. A vessel owner must submit a request form to NMFS. The request form
must be completed with all required
fields accurately completed. The request form is provided by NMFS and is
available on the NMFS Alaska Region
Web
site
(http://
alaskafisheries.noaa.gov). The submittal
methods are described on the form.
(v) Notification of placement in the partial observer coverage category. NMFS
will notify the owner if the catcher/
processor has been placed in the partial
observer coverage category in writing.
Until NMFS provides notification, the
catcher/processor is in the full observer
coverage category for that fishing
year.

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Fishery Conservation and Management
(vi) Initial Administrative Determination (IAD). If NMFS denies a request to
place a catcher/processor in the partial
observer coverage category, NMFS will
provide an IAD, which will explain the
basis for the denial.
(vii) Appeal. If the owner of a catcher/
processor wishes to appeal NMFS’ denial of a request to place a catcher/
processor in the partial observer coverage category, the owner may appeal
the determination under the appeals
procedure set out at 15 CFR part 906.
(4) BSAI trawl catcher vessel placement
in the full observer coverage category for
one year—(i) Applicability. The owner of
a catcher vessel in the partial observer
coverage category under paragraph
(a)(1)(i) of this section may request to
be placed in the full observer coverage
category for all directed fishing for
groundfish using trawl gear in the
BSAI for a calendar year.
(ii) How to request full observer coverage for one year. A trawl catcher vessel owner must complete a full observer coverage request and submit it
to NMFS using ODDS. ODDS is described in paragraph (a)(1)(ii) of this
section.
(iii) Deadline to request full observer
coverage. A full observer coverage request must be submitted by October 15
of the year prior to the calendar year
in which the catcher vessel would be
placed in the full observer coverage
category.
(iv) Notification. NMFS will notify
the vessel owner through ODDS of approval or denial to place a trawl catcher vessel in the full observer coverage
category. Unless otherwise specified in
paragraph (a)(2) of this section, a trawl
catcher vessel remains in the partial
observer coverage category under paragraph (a)(1)(i) of this section until a request to place a trawl catcher vessel in
the full observer coverage category has
been approved by NMFS. Once placement in the full observer coverage category is approved by NMFS, a trawl
catcher vessel cannot be placed in the
partial observer coverage category
until the following year.
(v) Initial Administrative Determination
(IAD). If NMFS denies a request to
place a trawl catcher vessel in the full
observer coverage category, NMFS will

§ 679.51
provide an IAD, which will explain the
basis for the denial.
(vi) Appeal. If the owner of a trawl
catcher vessel wishes to appeal NMFS’
denial of a request to place a trawl
catcher vessel in the full observer coverage category, the owner may appeal
the determination under the appeals
procedure set out at 15 CFR part 906.
(b) Observer requirements for shoreside
processors and stationary floating processors—(1) Shoreside processor and stationary floating processor partial observer
coverage category. (i) Unless otherwise
specified in paragraph (b)(2) of this section, a shoreside processor or a stationary floating processor designated
or required to be designated on an FPP
under § 679.4(f)(1) is in the partial observer coverage category when receiving or processing groundfish harvested
in federally managed or parallel
groundfish fisheries, as defined at
§ 679.2.
(ii) Coverage. The manager of a shoreside processor or stationary floating
processor must provide observers access to unsorted and sorted catch any
time an observer is present at the facility.
(2) Shoreside processor and stationary
floating processor full observer coverage
category. An AFA inshore processor is
in the full observer coverage category.
(i) Coverage level. An AFA inshore
processor must provide an observer for
each 12 consecutive-hour period of each
calendar day during which the processor takes delivery of, or processes,
groundfish harvested by a vessel engaged in a directed pollock fishery in
the BS. An AFA inshore processor that,
for more than 12 consecutive hours in a
calendar day, takes delivery of or processes pollock harvested in the BS directed pollock fishery must provide
two observers for each such day.
(ii) Multiple processors. An observer
deployed to an AFA inshore processor
may not be assigned to cover more
than one processor during a calendar
day in which the processor receives or
processes pollock harvested in the BS
directed pollock fishery.
(iii) Observers transferring between vessels and processors. An observer transferring from an AFA catcher vessel to
an AFA inshore processor may not be
assigned to cover the AFA inshore

791

§ 679.51

50 CFR Ch. VI (10–1–23 Edition)

processor until at least 12 hours after
offload and sampling of the catcher
vessel’s delivery is completed.
(c) NMFS employee observers. (1) Any
vessel, shoreside processor, or stationary floating processor required to
comply with observer coverage requirements under paragraphs (a) or (b) of
this section or under § 679.7(f)(4) must
use, upon written notification by the
Regional Administrator, a NMFS employee to satisfy observer coverage requirements as specified in paragraphs
(a) and (b) of this section or for other
conservation and management purposes as specified by the Regional Administrator.
(2) Prior to deployment of a NMFS
employee, the agency will provide written notification to the owner or operator of a vessel, shoreside processor, or
stationary floating processor whether
observer coverage credit will be granted for that deployment.
(3) Vessel, shoreside processor, and
stationary floating processor owners
and operators, as well as observers and
observer providers, may contact NMFS
in writing to request assistance in improving observer data quality and resolving observer sampling issues. Requests may be submitted to: NMFS Observer Program, 7600 Sand Point Way
NE., Seattle, WA 98115–0070 or transmitted by facsimile to 206–526–4066.
(d) Procurement of observer services—(1)
Full coverage category. (i) The owner of
a vessel, shoreside processor, or stationary floating processor required to
have full observer coverage under paragraphs (a)(2) and (b)(2) of this section
must arrange and pay for observer
services from a permitted observer provider.
(ii) The owner of a vessel, shoreside
processor, or stationary floating processor is required to arrange and pay for
observer services directly from NMFS
when the agency has determined and
notified them under paragraph (c) of
this section that the vessel, shoreside
processor, or stationary floating processor shall use a NMFS employee or individual authorized by NMFS in lieu of,
or in addition to, an observer provided
through a permitted observer provider
to satisfy requirements under paragraphs (a)(2) and (b)(2) of this section

or for other conservation and management purposes.
(2) Partial coverage category. The
owner of a vessel in the partial observer coverage category per paragraph
(a)(1) of this section must comply with
instructions provided by ODDS to procure observer coverage for the required
duration.
(e) Responsibilities—(1) Vessel responsibilities. An operator of a vessel required to carry one or more observers
must:
(i) Accommodations and food. Provide,
at no cost to observers or the United
States, accommodations and food on
the vessel for the observer or observers
that are equivalent to those provided
for officers, engineers, foremen, deckbosses, or other management level personnel of the vessel.
(ii) Safe conditions. (A) Maintain safe
conditions on the vessel for the protection of observers including adherence
to all U.S. Coast Guard and other applicable rules, regulations, or statutes
pertaining to safe operation of the vessel.
(B) Have on board:
(1) A valid Commercial Fishing Vessel Safety Decal issued within the past
2 years that certifies compliance with
regulations found in 33 CFR Chapter I
and 46 CFR Chapter I;
(2) A certificate of compliance issued
pursuant to 46 CFR 28.710; or
(3) A valid certificate of inspection
pursuant to 46 U.S.C. 3311.
(iii) Communications and observer data
entry—(A) Observer use of equipment.
Allow an observer to use the vessel’s
communications equipment and personnel, on request, for the confidential
entry, transmission, and receipt of
work-related messages (including electronic transmission of data), at no cost
to the observer or the United States.
(B) Equipment, software, and data
transmission requirements. The operator
of a catcher/processor (except for a
catcher/processor placed in the partial
observer coverage category under paragraph
(a)(3)
of
this
section),
mothership, catcher vessel 125 ft (38.1
m) LOA or longer (except for a catcher
vessel fishing for groundfish with pot
gear), or a catcher vessel participating
in the PCTC Program (except for paragraph (e)(1)(iii)(D) of this section) must

792

Fishery Conservation and Management
provide the following equipment, software and data transmission capabilities:
(1) Observer access to computer. Make a
computer available for use by the observer.
(2) NMFS-supplied software. Ensure
that the most recent release of NMFS
data entry software provided by the
Regional Administrator or other approved software is installed on the
computer
described
in
paragraph
(e)(1)(iii)(B)(1) of this section.
(3) Data transmission. The computer
and software described in paragraphs
(e)(1)(iii)(B)(1) and (2) of this section
must be connected to a communication
device that provides a point-to-point
connection to the NMFS host computer.
(4) Functional and operational equipment. Ensure that the required equipment
described
in
paragraph
(e)(1)(iii)(B) of this section and that is
used by an observer to enter or transmit data is fully functional and operational. ‘‘Functional’’ means that all
the tasks and components of the
NMFS-supplied, or other approved,
software
described
in
paragraph
(e)(1)(iii)(B)(2) of this section and any
required data transmissions to NMFS
can be executed effectively aboard the
vessel by the equipment.
(C) The operator of a catcher vessel
participating in the Rockfish Program
or a catcher vessel less than 125 ft LOA
directed fishing for pollock in the BS
must comply with the computer and
software requirements described in
paragraphs (e)(1)(iii)(B)(1), (2), and (4)
of this section.
(D) PCTC Program. The operator of a
non-AFA catcher vessel participating
in the PCTC Program is not required to
comply with paragraph (e)(1)(iii)(B)(3)
of this section to provide data transmission capability until September 7,
2026. However, once any non-AFA
catcher vessel in the PCTC Program is
capable of at-sea data transmission,
the operator must comply.
(iv) Vessel position. Allow observers
access to, and the use of, the vessel’s
navigation equipment and personnel,
on request, to determine the vessel’s
position.
(v) Access. Allow observers free and
unobstructed access to the vessel’s

§ 679.51
bridge, trawl or working decks, holding
bins, processing areas, freezer spaces,
weight scales, cargo holds, and any
other space that may be used to hold,
process, weigh, or store fish or fish
products at any time.
(vi) Prior notification. Notify observers at least 15 minutes before fish are
brought on board, or fish and fish products are transferred from the vessel, to
allow sampling the catch or observing
the transfer, unless the observers specifically request not to be notified.
(vii) Records. Allow observers to inspect and copy the vessel’s DFL, DCPL,
product transfer forms, any other logbook or document required by regulations, printouts or tallies of scale
weights, scale calibration records, bin
sensor
readouts,
and
production
records.
(viii) Assistance. Provide all other
reasonable assistance to enable observers to carry out their duties, including,
but not limited to:
(A) Measuring decks, codends, and
holding bins.
(B) Providing the observers with a
safe work area adjacent to the sample
collection site.
(C) Collecting bycatch when requested by the observers.
(D) Collecting and carrying baskets
of fish when requested by observers.
(E) Allowing observers to determine
the sex of fish when this procedure will
not decrease the value of a significant
portion of the catch.
(F) Collecting all seabirds that are
incidentally taken on the observersampled portions of hauls using hookand-line gear or as requested by an observer during non-sampled portions of
hauls.
(G) During halibut deck sorting, providing halibut to the observer on deck.
(ix) Transfer at sea. (A) Ensure that
transfers of observers at sea are carried
out during daylight hours, under safe
conditions, and with the agreement of
observers involved.
(B) Notify observers at least 3 hours
before observers are transferred, such
that the observers can collect personal
belongings, equipment, and scientific
samples.
(C) Provide a safe pilot ladder and
conduct the transfer to ensure the safety of observers during transfers.

793

§ 679.51

50 CFR Ch. VI (10–1–23 Edition)

(D) Provide an experienced crew
member to assist observers in the
small boat or raft in which any transfer is made.
(2) Shoreside processor and stationary
floating processor responsibilities. A manager of a shoreside processor or a stationary floating processor that is required to maintain observer coverage
as specified under paragraph (b) of this
section must:
(i) Safe conditions. Maintain safe conditions at the shoreside processing facility for the protection of observers by
adhering to all applicable rules, regulations, or statutes pertaining to safe operation and maintenance of the processing facility.
(ii) Operations information. Notify the
observers, as requested, of the planned
facility operations and expected receipt of groundfish prior to receipt of
those fish.
(iii) Transmission of data. Facilitate
transmission of observer data by:
(A) Observer use of equipment. Allowing observers to use the shoreside processor’s or stationary floating processor’s communication equipment and
personnel, on request, for the entry,
transmission, and receipt of work-related messages, at no cost to the observers or the United States.
(B) Communication equipment requirements—(1) Observer access to computer.
Making a computer available for use
by the observer. This computer must
be connected to a communication device that provides a point-to-point connection to the NMFS host computer.
(2) NMFS-supplied software. Ensuring
that the shoreside or stationary floating processor specified in paragraph
(e)(2) of this section has installed the
most recent release of NMFS data
entry software provided by the Regional Administrator, or other approved software.
(3) Functional and operational equipment. Ensuring that the communications equipment required under paragraph (e)(2)(iii)(B) of this section that
is used by observers to enter and transmit data is functional and operational.
‘‘Functional’’ means that all the tasks
and components of the NMFS-supplied,
or other approved, software described
at paragraph (e)(2)(iii)(B)(2) of this section and any data transmissions to

NMFS can be executed effectively by
the communications equipment.
(iv) Access. Allow observers free and
unobstructed access to the shoreside
processor’s or stationary floating processor’s holding bins, processing areas,
freezer spaces, weight scales, warehouses, and any other space that may
be used to hold, process, weigh, or store
fish or fish products at any time.
(v) Document access. Allow observers
to inspect and copy the shoreside processor’s or stationary floating processor’s landing report, product transfer
forms, any other logbook or document
required by regulations; printouts or
tallies of scale weights; scale calibration records; bin sensor readouts; and
production records.
(vi) Assistance. Provide all other reasonable assistance to enable the observer to carry out his or her duties,
including, but not limited to:
(A) Assisting the observer in moving
and weighing totes of fish.
(B) Providing a secure place to store
sampling gear.
(3) The owner of a vessel, shoreside
processor, stationary floating processor, buying station, or tender vessel
is responsible for compliance and must
ensure that the operator or manager of
a vessel, shoreside processor, or stationary floating processor required to
maintain observer coverage under
paragraphs (a) or (b) of this section
complies with the requirements given
in paragraphs (e)(1) and (e)(2) of this
section.
(f) Electronic monitoring system requirements for vessels that use nontrawl gear.
Vessels that use nontrawl gear in the
partial coverage category in paragraph
(a)(1)(i) of this section may be eligible
for EM coverage instead of observer
coverage.
(1) Vessel placement in the EM selection
pool—(i) Applicability. The owner or operator of a vessel that uses nontrawl
gear in the partial coverage category
under paragraph (a)(1)(i) of this section
may request to be placed in the EM selection pool.
(ii) How to request placement in the EM
selection pool. A vessel owner or operator must complete an EM request and
submit it to NMFS using ODDS. Access
to ODDS is available through the
NMFS Alaska Region Web site at http://

794

Fishery Conservation and Management
alaskafisheries.noaa.gov. ODDS is described in paragraph (a)(1)(ii) of this
section.
(iii) Deadline to submit an EM request.
A vessel owner or operator must submit an EM request in ODDS by November 1 of the year prior to the calendar
year in which the catcher vessel would
be placed in the EM selection pool.
(iv) Approval for placement in the EM
selection pool. NMFS will approve a
nontrawl gear vessel for placement in
the EM selection pool based on criteria
specified in NMFS’ Annual Deployment
Plan, available through the NMFS
Alaska Region Web site at http://
alaskafisheries.noaa.gov. Criteria may
include, but are not limited to, availability of EM systems, vessel gear
type, vessel length, area fished, number
of trips or total catch, sector, target
fishery, and home or landing port.
(v) Notification of approval for placement in the EM selection pool. (A) NMFS
will notify the vessel owner or operator
through ODDS of approval for the EM
selection pool for the next calendar
year. The vessel remains subject to observer
coverage
under
paragraph
(a)(1)(i) of this section unless NMFS
approves the request for placement of
the vessel in the EM selection pool.
(B) Once the vessel owner or operator
receives notification of approval from
NMFS, the vessel owner or operator
must comply with the vessel owner or
operator responsibilities in paragraphs
(f)(4) and (5) of this section and all further instructions set forth by ODDS.
(vi) Initial Administrative Determination (IAD). If NMFS denies a request to
place a vessel in the EM selection pool,
NMFS will provide an IAD to the vessel
owner, which will explain the basis for
the denial.
(vii) Appeal. If the vessel owner wishes to appeal NMFS’ denial of a request
to place the vessel in the EM selection
pool, the owner may appeal the determination under the appeals procedure
set out at 15 CFR part 906.
(viii) Duration. Once NMFS approves
a vessel for the EM selection pool, that
vessel will remain in the EM selection
pool until—
(A) NMFS disapproves the VMP
under paragraph (f)(4) of this section;
(B) The vessel owner or operator notifies NMFS that the vessel intends to

§ 679.51
leave the EM selection pool in the following fishing year under paragraph
(f)(1)(ix) of this section; or
(C) The vessel no longer meets the
EM selection pool criteria specified by
NMFS.
(ix) How to leave the EM selection pool.
A vessel owner must complete a request to leave the EM selection pool
and submit it to NMFS using ODDS.
ODDS is described in paragraph
(a)(1)(ii) of this section.
(x) Deadline to submit a request to leave
the EM selection pool. A vessel owner or
operator must submit a request to
leave the EM selection pool by November 1 of the year prior to the calendar
year in which the vessel would be
placed in observer coverage.
(2) Notification of EM selection—(i)
Prior to embarking on each fishing
trip, the operator of a vessel in the EM
selection pool with a NMFS-approved
VMP must register the anticipated trip
with ODDS.
(ii) ODDS will notify the vessel operator whether the trip is selected for
EM coverage and provide a receipt
number corresponding to this notification. Trip registration is complete
when the vessel operator receives the
receipt number.
(iii) An operator may embark on a
fishing trip registered with ODDS:
(A) Not selected trip. At any time if
ODDS indicates that the fishing trip is
not selected for EM coverage.
(B) Selected trip. After the vessel operator follows the instructions in ODDS
and complies with the responsibilities
under paragraphs (f)(4) and (5) of this
section, if ODDS indicates that the
fishing trip is selected for EM coverage.
(3) EM coverage duration. If selected, a
vessel is required to use the EM system
for the entire fishing trip.
(i) A fishing trip selected for EM coverage may not begin until all previously harvested fish have been
offloaded.
(ii) At the end of the fishing trip selected for EM coverage, the vessel operator must use ODDS to close the
fishing trip following the instructions
in the VMP and submit the video data
storage devices and associated documentation as outlined in paragraph
(f)(5)(vii) of this section.

795

§ 679.51

50 CFR Ch. VI (10–1–23 Edition)

(4) Vessel Monitoring Plan (VMP).
Once approved for the EM selection
pool and prior to registering a fishing
trip in ODDS under paragraph (f)(2) of
this section, the vessel owner or operator must develop a VMP with the EM
service provider following the VMP
template available through the NMFS
Alaska Region Web site at https://
alaskafisheries.noaa.gov/.
(i) The vessel owner or operator must
sign and submit the VMP to NMFS
each calendar year.
(ii) NMFS will approve the VMP for
the calendar year if it meets all the requirements specified in the VMP template available through the NMFS
Alaska
Region
Web
site
https://
alaskafisheries.noaa.gov/.
(iii) If the VMP does not meet all the
requirements specified in the VMP
template, NMFS will provide the vessel
owner or operator the opportunity to
submit a revised VMP that meets all
the requirements specified in the VMP
template.
(iv) If NMFS does not approve the revised VMP, NMFS will issue an IAD to
the vessel owner or operator that will
explain the basis for the disapproval.
The vessel owner or operator may file
an administrative appeal under the administrative appeals procedures set out
at 15 CFR part 906.
(v) If changes are required to the
VMP to improve the data collection of
the EM system or address fishing operation changes, the vessel owner or operator must work with NMFS and the
EM service provider to alter the VMP.
The vessel owner or operator must sign
the updated VMP and submit these
changes to the VMP to NMFS prior to
departing on the next fishing trip selected for EM coverage.
(5) Vessel owner or operator responsibilities. To use an EM system under this
section, the vessel owner or operator
must:
(i) Make the vessel available for the
installation of EM equipment by an EM
service provider.
(ii) Provide access to the vessel’s systems and reasonable assistance to the
EM service provider.
(iii) Maintain a copy of a NMFS-approved VMP aboard the vessel at all
times when the vessel is directed fish-

ing in a fishery subject to EM coverage.
(iv) Comply with all elements of the
VMP when selected for EM coverage in
ODDS.
(v) Maintain the EM system, including the following:
(A) Ensure power is maintained to
the EM system at all times when the
vessel is underway.
(B) Ensure the system is functioning
for the entire fishing trip, camera
views are unobstructed and clear in
quality, and catch and discards may be
completely viewed, identified, and
quantified.
(C) Ensure EM system components
are not tampered with, disabled, destroyed, or operated or maintained improperly.
(vi) Complete pre-departure function
test and daily verification of EM system.
(A) Prior to departing port, the vessel operator must conduct a system
function test following the instructions
from the EM service provider. The vessel operator must verify that the EM
system has adequate memory to record
the entire fishing trip.
(1) If the EM system function test detects a malfunction identified as a high
priority in the vessel’s VMP or does
not allow the data collection objectives
to be achieved, the vessel must remain
in port for up to 72 hours to allow an
EM service provider time to conduct
repairs. If the repairs cannot be completed within the 72-hour time frame,
the vessel is released from EM coverage for that fishing trip and may depart on the scheduled fishing trip. A
malfunction must be repaired prior to
departing on a subsequent fishing trip.
The vessel will automatically be selected for EM coverage for the subsequent fishing trip after the malfunction has been repaired.
(2) If the EM system function test detects a malfunction identified as a low
priority in the vessel’s VMP, the vessel
operator may depart on the scheduled
fishing trip following the procedures
for low priority malfunctions described
in the vessel’s VMP. At the end of the
trip the vessel operator must work
with the EM service provider to repair
the malfunction. The vessel operator
may not depart on another fishing trip

796

Fishery Conservation and Management
selected for EM coverage with this system malfunction unless the vessel operator has contacted the EM service
provider.
(B) During a fishing trip selected for
EM coverage, before each set is retrieved the vessel operator must verify
all cameras are recording and all sensors and other required EM system
components are functioning as instructed in the vessel’s VMP.
(1) If a malfunction is detected, prior
to retrieving the set the vessel operator must attempt to correct the problem using the instructions in the vessel’s VMP.
(2) If the malfunction cannot be repaired at sea, the vessel operator must
notify the EM service provider of the
malfunction at the end of the fishing
trip. The malfunction must be repaired
prior to departing on a subsequent fishing trip selected for EM coverage.
(vii) At the end of a fishing trip selected for EM coverage, the vessel operator must submit the video data
storage device and associated documentation identified in the vessel’s
VMP to NMFS using a method that requires a signature for delivery and provides a return receipt or delivery notification to the sender. The vessel operator must postmark the video data
storage device and associated documentation no later than 2 business
days after the end of the fishing trip. If
the fishing trip ends in a remote port
with limited postal service or at a tender vessel, the vessel operator must ensure the video data storage device and
associated documentation is postmarked as soon as possible but no later
than two weeks after the end of the
fishing trip.
(viii) Make the EM system and associated equipment available for inspection upon request by OLE, a NMFS-authorized officer, or other NMFS-authorized personnel.
(6) EM for fishing in multiple regulatory
areas. If a vessel owner or operator intends to fish in multiple regulatory
areas using an EM system under the
exception provided at § 679.7(f)(4), the
vessel owner or operator must:
(i) Meet the requirements described
in paragraph (f) of this section.

§ 679.52
(ii) Register in ODDS that he or she
intends to fish in multiple regulatory
areas using the exception in § 679.7(f)(4).
(iii) Ensure the EM system is powered continuously during the fishing
trip. If the EM system is powered down
during periods of non-fishing, the VMP
must describe alternate methods to ensure location information about the
vessel is available for the entire fishing
trip, as specified in the VMP template
available through the NMFS Alaska
Region
Web
site
https://
alaskafisheries.noaa.gov/.
(iv) If an EM system malfunction occurs during a fishing trip that does not
allow the recording of retrieval location information and imagery of catch
as described in the vessel’s VMP, the
vessel operator must cease fishing and
contact OLE immediately.
[77 FR 70091, Nov. 21, 2012, as amended at 79
FR 54601, Sept. 12, 2014; 81 FR 26745, May 4,
2016; 81 FR 37556, June 10, 2016; 81 FR 67117,
Sept. 30, 2016; 81 FR 70607, Oct. 13, 2016; 81 FR
95457, Dec. 28, 2016; 82 FR 37002, Aug. 8, 2017;
83 FR 30532, 30533, June 29, 2018; 84 FR 55053,
Oct. 15, 2019; 85 FR 850, Jan. 8, 2020; 88 FR
53734, Aug. 8, 2023]

§ 679.52 Observer provider permitting
and responsibilities.
(a) Observer provider permit—(1) Permit. The Regional Administrator may
issue a permit authorizing a person’s
participation as an observer provider
for operations requiring full observer
coverage per § 679.51(a)(2) and (b)(2).
Persons seeking to provide observer
services under this section must obtain
an observer provider permit from
NMFS.
(2) New observer provider. An applicant
seeking an observer provider permit
must submit a completed application
by fax or mail to the Observer Program
at the address listed at § 679.51(c)(3).
(3) Contents of application. An application for an observer provider permit
shall consist of a narrative that contains the following:
(i) Identification of the management,
organizational structure, and ownership structure of the applicant’s business, including identification by name
and general function of all controlling
management interests in the company,
including but not limited to owners,
board members, officers, authorized

797

§ 679.52

50 CFR Ch. VI (10–1–23 Edition)

agents, and other employees. If the applicant is a corporation, the articles of
incorporation must be provided. If the
applicant is a partnership, the partnership agreement must be provided.
(ii) Contact information—(A) Owner(s)
information. The permanent mailing address, phone and fax numbers where
the owner(s) can be contacted for official correspondence.
(B) Business information. Current
physical location, business mailing address, business telephone and fax numbers, and business email address for
each office.
(C) Authorized agent. For an observer
provider with ownership based outside
the United States, identify an authorized agent and provide contact information for that agent including mailing address and phone and fax numbers
where the agent can be contacted for
official correspondence. An authorized
agent means a person appointed and
maintained within the United States
who is authorized to receive and respond to any legal process issued in the
United States to an owner or employee
of an observer provider. Any diplomatic official accepting such an appointment as designated agent waives
diplomatic or other immunity in connection with the process.
(iii) A statement signed under penalty of perjury from each owner, or
owners, board members, and officers if
a corporation, that they have no conflict of interest as described in paragraph (c) of this section.
(iv) A statement signed under penalty of perjury from each owner, or
owners, board members, and officers if
a corporation, describing any criminal
convictions, Federal contracts they
have had and the performance rating
they received on the contract, and previous decertification action while
working as an observer or observer provider.
(v) A description of any prior experience the applicant may have in placing
individuals in remote field and/or marine work environments. This includes,
but is not limited to, recruiting, hiring, deployment, and personnel administration.
(vi) A description of the applicant’s
ability to carry out the responsibilities
and duties of an observer provider as

set out under paragraph (b) of this section, and the arrangements to be used.
(4) Application evaluation. (i) The Regional Administrator will establish an
observer provider permit application
review board, comprised of NMFS employees, to review and evaluate an application submitted under paragraph
(a) of this section. The review board
will evaluate the completeness of the
application, the application’s consistency with needs and objectives of the
observer program, or other relevant
factors. If the applicant is a corporation, the review board also will evaluate the following criteria for each
owner, or owners, board members, and
officers:
(A) Absence of conflict of interest as
defined under paragraph (c) of this section;
(B) Absence of criminal convictions
related to:
(1) Embezzlement, theft, forgery,
bribery, falsification or destruction of
records, making false statements or receiving stolen property, or
(2) The commission of any other
crimes of dishonesty, as defined by
Alaska State law or Federal law, that
would seriously and directly affect the
fitness of an applicant in providing observer services under this section;
(C) Satisfactory performance ratings
on any Federal contracts held by the
applicant; and
(D) Absence of any history of decertification as either an observer or observer provider;
(ii) [Reserved]
(5) Agency determination on an application. NMFS will send a written determination to the applicant. If an application is approved, NMFS will issue an
observer provider permit to the applicant. If an application is denied, the
reason for denial will be explained in
the written determination.
(6) Transferability. An observer provider permit is not transferable. An observer provider that experiences a
change in ownership that involves a
new person must submit a new permit
application and cannot continue to operate until a new permit is issued
under this paragraph (a).
(7) Expiration of observer provider permit. (i) An observer provider permit

798

Fishery Conservation and Management
will expire after a period of 12 continuous months during which no observers
are deployed by the provider under this
section to the North Pacific groundfish
or halibut industry.
(ii) The Regional Administrator will
provide a written initial administrative determination (IAD) of permit expiration to an observer provider if
NMFS’ deployment records indicate
that the observer provider has not deployed an observer during a period of 12
continuous months. An observer provider who receives an IAD of permit expiration may appeal under § 679.43. An
observer provider that appeals an IAD
will be issued an extension of the expiration date of the permit until after
the final resolution of the appeal.
(8) Sanctions. Procedures governing
sanctions of permits are found at subpart D of 15 CFR part 904.
(b) Responsibilities of observer providers. An observer provider that supplies observers for operations requiring
full observer coverage per § 679.51(a)(2)
and (b)(2) must:
(1) Provide qualified candidates to serve
as observers. (i) To be a qualified candidate an individual must have:
(A) A Bachelor’s degree or higher
from an accredited college or university with a major in one of the natural
sciences;
(B) Successfully completed a minimum of 30 semester hours or equivalent in applicable biological sciences
with extensive use of dichotomous keys
in at least one course;
(C) Successfully completed at least
one undergraduate course each in math
and statistics with a minimum of 5 semester hours total for both; and
(D) Computer skills that enable the
candidate to work competently with
standard database software and computer hardware.
(ii) Prior to hiring an observer candidate, the observer provider must provide to the candidate copies of NMFSprepared pamphlets and other information describing observer duties.
(iii) For each observer employed by
an observer provider, either a written
contract or a written contract addendum must exist that is signed by the
observer and observer provider prior to
the observer’s deployment and that in-

§ 679.52
cludes the following conditions for continued employment:
(A) That all the observer’s in-season
catch messages between the observer
and NMFS are delivered to the Observer Program at least every 7 days,
unless otherwise specified by the Observer Program;
(B) That the observer completes inperson mid-deployment data reviews,
unless:
(1) The observer is specifically exempted by the Observer Program, or
(2) The observer does not at any time
during his or her deployment travel
through a location where an Observer
Program employee is available for an
in-person data review and the observer
completes a phone or fax mid-deployment data review as described in the
Observer Sampling Manual; and
(C) The observer informs the observer
provider prior to the time of embarkation if he or she is experiencing any
new mental illness or physical ailments or injury since submission of the
physician’s statement as required in
paragraph (b)(11)(iii) of this section
that would prevent him or her from
performing his or her assigned duties;
(2) Ensure an observer completes duties
in a timely manner. An observer provider must ensure that an observer employed by that observer provider performs the following in a complete and
timely manner:
(i) When an observer is scheduled for
a final deployment debriefing under
paragraph (b)(11)(v) of this section, submit to NMFS all data, reports required
by the Observer Sampling Manual, and
biological samples from the observer’s
deployment by the completion of the
electronic vessel and/or processor survey(s);
(ii) Complete NMFS electronic vessel
and/or processor surveys before performing other jobs or duties that are
not part of NMFS groundfish observer
requirements;
(iii) Report for his or her scheduled
debriefing and complete all debriefing
responsibilities; and
(iv) Return all sampling and safety
gear to the Observer Program.
(3) Observer conduct. (i) An observer
provider must develop, maintain, and
implement a policy addressing observer

799

§ 679.52

50 CFR Ch. VI (10–1–23 Edition)

conduct and behavior for their employees that serve as observers. The policy
shall address the following behavior
and conduct regarding:
(A) Observer use of alcohol;
(B) Observer use, possession, or distribution of illegal drugs; and
(C) Sexual contact with personnel of
the vessel or processing facility to
which the observer is assigned, or with
any vessel or processing plant personnel who may be substantially affected by the performance or non-performance of the observer’s official duties.
(ii) An observer provider shall provide a copy of its conduct and behavior
policy:
(A) To observers, observer candidates; and
(B) By February 1 of each year to the
Observer Program.
(4) Assign observer to vessels and processors. An observer provider must assign to vessels or shoreside or floating
processors only observers:
(i) With valid North Pacific groundfish and halibut observer certifications
and endorsements to provide observer
services;
(ii) Who have not informed the provider prior to the time of embarkation
that he or she is experiencing a mental
illness or a physical ailment or injury
developed since submission of the physician’s statement, as required in paragraph (b)(11)(iii) of this section that
would prevent him or her from performing his or her assigned duties; and
(iii) Who have successfully completed
all NMFS required training and briefing before deployment.
(5) Respond to industry requests for observers. An observer provider must provide an observer for deployment as requested by vessels and processors to
fulfill vessel and processor requirements for observer coverage under
§ 679.51(a) and (b). An alternate observer must be supplied in each case
where injury or illness prevents the observer from performing his or her duties or where the observer resigns prior
to completion of his or her duties.
(6) Provide observer salaries and benefits. An observer provider must provide
to its observer employees, salaries and
any other benefits and personnel serv-

ices in accordance with the terms of
each observer’s contract.
(7) Provide observer deployment logistics. (i) An observer provider must provide to each observer it employs:
(A) All necessary transportation, including arrangements and logistics, to
the initial location of deployment, to
all subsequent vessel and shoreside or
stationary floating processor assignments during that deployment, and to
the debriefing location when a deployment ends for any reason; and
(B) Lodging, per diem, and any other
necessary services necessary to observers assigned to fishing vessels or shoreside processing or stationary floating
processing facilities.
(ii) Except as provided in paragraph
(b)(7)(iii) of this section, an observer
provider must provide to each observer
deployed to a shoreside processing facility or stationary floating processor,
and each observer between vessel, stationary floating processor, or shoreside
assignments while still under contract
with an observer provider, shall be provided with accommodations at a licensed hotel, motel, bed and breakfast,
stationary floating processor, or other
shoreside accommodations for the duration of each shoreside assignment or
period between vessel or shoreside assignments. Such accommodations must
include an assigned bed for each observer and no other person may be assigned that bed for the duration of that
observer’s stay. Additionally, no more
than four beds may be in any room
housing observers at accommodations
meeting the requirements of this section.
(iii) An observer under contract may
be housed on a vessel to which the observer is assigned:
(A) Prior to the vessel’s initial departure from port;
(B) For a period not to exceed 24
hours following completion of an offload for which the observer has duties
and is scheduled to disembark; or
(C) For a period not to exceed 24
hours following the vessel’s arrival in
port when the observer is scheduled to
disembark.

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Fishery Conservation and Management
(iv) During all periods an observer is
housed on a vessel, the observer provider must ensure that the vessel operator or at least one crew member is
aboard.
(v) Each observer deployed to a
shoreside processing facility must be
provided with individually assigned
communication equipment in working
order, such as a cell phone or pager, for
notification of upcoming deliveries or
other necessary communication. Each
observer assigned to a shoreside processing facility located more than 1
mile from the observer’s local accommodations shall be provided with motorized transportation that will ensure
the observer’s arrival at the processing
facility in a timely manner such that
the observer can complete his or her
assigned duties.
(8) Limit observer deployment. Unless
alternative arrangements are approved
by the Observer Program, an observer
provider must not:
(i) Deploy an observer on the same
vessel or at the same shoreside or stationary floating processor for more
than 90 days in a 12-month period;
(ii) Deploy an observer for more than
90 days in a single deployment;
(iii) Include in a single deployment of
an observer, assignments to more than
four vessels, including groundfish and
all other vessels, and/or shoreside processors; or
(iv) Move an observer from a vessel
or stationary floating processor or
shoreside processor before that observer has completed his or her sampling or data transmission duties.
(9) Verify vessel USCG Safety Decal. An
observer provider must verify that a
vessel has a valid USCG Safety Decal
as required under § 679.51(e)(1)(ii)(B)(1)
before the vessel with an observer
aboard may depart. One of the following
acceptable
means
of
verification must be used to verify the
decal validity:
(i) An employee of the observer provider, including the observer, visually
inspects the decal aboard the vessel
and confirms that the decal is valid according to the decal date of issuance;
or
(ii) The observer provider receives a
hard copy of the USCG documentation

§ 679.52
of the decal issuance from the vessel
owner or operator.
(10) Provide 24 hours a day communications with observers. An observer provider must have an employee responsible for observer activities on call 24
hours a day to handle emergencies involving an observer or problems concerning observer logistics, whenever an
observer is at sea, stationed at a shoreside processor or stationary floating
processor, in transit, or in port awaiting vessel or processor (re)assignment.
(11) Provide information to the Observer
Program. An observer provider must
provide all the following information
to the Observer Program by electronic
transmission (email), fax, or other
method specified by NMFS within the
specified timeframes.
(i) Registration materials. Observer
training and briefing registration materials must be submitted to the Observer Program at least 5 business days
prior to the beginning of a scheduled
observer certification training or briefing session. Registration materials
consist of the following:
(A) Observer training registration,
including:
(1) Date of requested training;
(2) A list of observer candidates. The
list must include each candidate’s full
name (i.e., first, middle, and last
names), date of birth, and gender;
(3) A copy of each candidate’s academic transcripts and resume; and
(4) A statement signed by the candidate under penalty of perjury that
discloses any criminal convictions of
the candidate.
(B) Observer briefing registration, including:
(1) Date and type of requested briefing session and briefing location; and
(2) List of observers to attend the
briefing session. Each observer’s full
name (first, middle, and last names)
must be included.
(ii) Statement of projected observer assignments. Prior to the observer or observer candidate’s completion of the
training or briefing session, the observer provider must submit to the Observer Program a statement of projected observer assignments that includes the observer’s name; vessel,
shoreside processor, or stationary
floating processor assignment, gear

801

§ 679.52

50 CFR Ch. VI (10–1–23 Edition)

type, and vessel/processor code; port of
embarkation; target species; and area
of fishing.
(iii) Physician’s statement. A signed
and dated statement from a licensed
physician that he or she has physically
examined an observer or observer candidate. The statement must confirm
that, based on the physical examination, the observer or observer candidate does not have any health problems or conditions that would jeopardize their individual safety or the
safety of others while the observer or
observer candidate is deployed, or prevent the observer or observer candidate
from performing his or her duties satisfactorily. The statement must declare
that, prior to the examination, the
physician read the NMFS-prepared
pamphlet provided to the candidate by
the observer provider as specified in
paragraph (b)(1)(ii) of this section and
was made aware of the duties of the observer as well as the dangerous, remote, and rigorous nature of the work.
The physician’s statement must be
submitted to the Observer Program
prior to certification of an observer.
The physical exam must have occurred
during the 12 months prior to the observer’s or observer candidate’s deployment. The physician’s statement will
expire 12 months after the physical
exam occurred. A new physical exam
must be performed, and accompanying
statement submitted, prior to any deployment occurring after the expiration of the statement.
(iv) Observer deployment/logistics report. A deployment/logistics report
must be submitted by Wednesday, 4:30
p.m., Pacific local time, of each week
with regard to each observer deployed
by the observer provider during that
week. The deployment/logistics report
must include the observer’s name,
cruise number, current vessel, shoreside processor, or stationary floating
processor assignment and vessel/processor code, embarkation date, and estimated or actual disembarkation dates.
The report must include the location of
any observer employed by the observer
provider who is not assigned to a vessel, shoreside processor, or stationary
floating processor.
(v) Observer debriefing registration. The
observer provider must contact the Ob-

server Program within 5 business days
after the completion of an observer’s
deployment to schedule a date, time,
and location for debriefing. Observer
debriefing registration information
must be provided at the time the debriefing is scheduled and must include
the observer’s name, cruise number,
vessel, or shoreside or stationary floating processor assignment name(s) and
code(s), and requested debriefing date.
(vi) Certificates of insurance. Copies of
‘‘certificates of insurance’’ that name
the NMFS Observer Program leader as
the ‘‘certificate holder’’ must be submitted to the Observer Program by
February 1 of each year. The certificates of insurance shall verify all coverage provisions specified at § 600.748(b)
and (c) of this chapter and state that
the insurance company will notify the
certificate holder if insurance coverage
is changed or canceled.
(vii) Observer provider contracts. Observer providers must submit to the
Observer Program a completed and
unaltered copy of each type of signed
and valid contract (including all attachments, appendices, addendums,
and exhibits incorporated into the contract) between the observer provider
and those entities requiring observer
services under § 679.51(a)(2) and (b)(2),
by February 1 of each year. Observer
providers must also submit to the Observer Program upon request, a completed and unaltered copy of the current or most recent signed and valid
contract (including all attachments,
appendices, addendums, and exhibits
incorporated into the contract and any
agreements or policies with regard to
observer compensation or salary levels)
between the observer provider and the
particular entity identified by the Observer Program or with specific observers. Said copies must be submitted to
the Observer Program via fax or mail
within 5 business days of the request
for the contract at the address or fax
number listed in § 679.51(c)(3). Signed
and valid contracts include the contracts an observer provider has with:
(A) Vessels required to have observer
coverage as specified at § 679.51(a)(2);
(B) Shoreside processors or stationary floating processors required to
have observer coverage as specified at
§ 679.51(b)(2); and

802

Fishery Conservation and Management
(C) Observers.
(viii) Observer provider invoices. A certified observer provider must submit to
the Observer Program a copy of all invoices for observer coverage required
or provided pursuant to § 679.51(a)(2)
and § 679.51(b)(2).
(A) A copy of the invoices must be received by the Observer Program within
45 days of the date on the invoice and
must include all reconciled and final
charges.
(B) Invoices must contain the following information:
(1) Name of each catcher/processor,
catcher vessel, mothership, stationary
floating processor, or shoreside processing plant to which the invoice applies;
(2) Dates of service for each observer
on each catcher/processor, catcher vessel, mothership, stationary floating
processor, or shoreside processing
plant. Dates billed that are not observer coverage days must be identified
on the invoice;
(3) Rate charged in dollars per day
(daily rate) for observer services;
(4) Total charge for observer services
(number of days multiplied by daily
rate);
(5) Amount charged for air transportation; and
(6) Amount charged by the provider
for any other observer expenses, including but not limited to: Ground
transportation, excess baggage, and
lodging. Charges for these expenses
must be separated and identified.
(ix) Change in observer provider management and contact information. Except
for changes in ownership addressed
under paragraph (a)(6) of this section,
an observer provider must submit notification of any other change to the information submitted on the provider’s
permit application under paragraphs
(a)(3)(i) through (iv) of this section.
Within 30 days of the effective date of
such change, the information must be
submitted by fax or mail to the Observer Program at the address listed in
§ 679.51(c)(3). Any information submitted under paragraphs (a)(3)(iii) or
(a)(3)(iv) of this section will be subject
to NMFS review and determinations
under paragraphs (a)(4) through (7) of
this section.

§ 679.52
(x) Other reports. Reports of the following must be submitted in writing to
the Observer Program by the observer
provider via fax or email:
(A) Within 24 hours after the observer
provider becomes aware of the following information:
(1) Any information regarding possible observer harassment;
(2) Any information regarding any
action prohibited under § 679.7(g) or
§ 600.725(o), (t), and (u) of this chapter;
(3) Any concerns about vessel safety
or marine casualty under 46 CFR 4.05–
1(a)(1) through (7), or processor safety;
(4) Any observer illness or injury
that prevents the observer from completing any of his or her duties described in the Observer Sampling Manual; and
(5) Any information, allegations or
reports regarding observer conflict of
interest or failure to abide by the
standards of behavior described in
§ 679.53(b)(1) through (b)(2), or;
(B) Within 72 hours after the observer
provider determines that an observer
violated the observer provider’s conduct and behavior policy described at
paragraph (b)(3)(i) of this section; these
reports shall include the underlying
facts and circumstances of the violation.
(12) Replace lost or damaged gear. An
observer provider must replace all lost
or damaged gear and equipment issued
by NMFS to an observer under contract to that provider. All replacements must be in accordance with requirements and procedures identified
in writing by the Observer Program.
(13) Maintain confidentiality of information. An observer provider must ensure that all records on individual observer performance received from
NMFS under the routine use provision
of the Privacy Act remain confidential
and are not further released to anyone
outside the employ of the observer provider company to whom the observer
was contracted except with written
permission of the observer.
(c) Limitations on conflict of interest.
Observer providers:
(1) Are authorized to provide observer
services under an FMP or the Halibut
Act for the waters off Alaska as required in § 679.51(a)(2) or (b)(2), or scientific data collector and observer

803

§ 679.53

50 CFR Ch. VI (10–1–23 Edition)

services to support NMFS-approved scientific research activities, exempted
educational activities, or exempted or
experimental fishing as defined in
§ 600.10 of this chapter.
(2) Must not have a direct financial
interest, other than the provision of
observer or scientific data collector
services, in a North Pacific fishery
managed under an FMP or the Halibut
Act for the waters off Alaska, including, but not limited to:
(i) Any ownership, mortgage holder,
or other secured interest in a vessel,
shoreside processor or stationary floating processor facility involved in the
catching or processing of fish,
(ii) Any business involved with selling supplies or services to any vessel,
shoreside processor, or stationary
floating processor participating in a
fishery managed pursuant to an FMP
or the Halibut Act in the waters off
Alaska, or
(iii) Any business involved with purchasing raw or processed products from
any vessel, shoreside processor, or stationary floating processor participating in a fishery managed pursuant
to an FMP or the Halibut Act in the
waters off Alaska.
(3) Must assign observers without regard to any preference by representatives of vessels, shoreside processors,
or stationary floating processors other
than when an observer will be deployed.
(4) Must not solicit or accept, directly or indirectly, any gratuity, gift,
favor, entertainment, loan, or anything
of monetary value from anyone who
conducts fishing or fish processing activities that are regulated by NMFS, or
who has interests that may be substantially affected by the performance or
nonperformance of the official duties of
the observer provider.
[77 FR 70096, Nov. 21, 2012, as amended at 81
FR 67118, Sept. 30, 2016; 83 FR 30533, June 29,
2018; 87 FR 54910, Sept. 8, 2022]

§ 679.53 Observer certification and responsibilities.
(a) Observer certification—(1) Applicability. Observer certification authorizes
an individual to fulfill duties for operations requiring full observer coverage
per § 679.51(a)(2) and (b)(2) as specified
in writing by the NMFS Observer Pro-

gram while under the employ of an observer
provider
permitted
under
§ 679.52(a) and according to certification
endorsements as designated under
paragraph (a)(5) of this section.
(2) Observer certification official. The
Regional Administrator will designate
a NMFS observer certification official
who will make decisions for the Observer Program on whether to issue or
deny observer certification.
(3) Certification requirements. NMFS
may certify an individual who, in addition to any other relevant considerations:
(i) Is employed by a permitted observer provider company at the time of
the issuance of the certification;
(ii) Has provided, through their observer provider:
(A) Information identified by NMFS
at § 679.52(b)(11)(i)(A)(3) and (4) and in
writing from the Observer Program;
and
(B) Information identified by NMFS
at § 679.52(b)(11)(iii) regarding the observer candidate’s health and physical
fitness for the job;
(iii) Meet all education and health
standards as specified in § 679.52(b)(1)(i)
and § 679.52(b)(11)(iii), respectively;
(iv) Has successfully completed a
NMFS-approved training as prescribed
by the Observer Program.
(A) Successful completion of training
by an observer applicant consists of
meeting all attendance and conduct
standards issued in writing at the start
of training; meeting all performance
standards issued in writing at the start
of training for assignments, tests, and
other evaluation tools; and completing
all other training requirements established by the Observer Program.
(B) If a candidate fails training, he or
she will be orally notified of the unsatisfactory status of his or her training
on or before the last day of training.
Within 10 business days of the oral notification, the Observer Program will
notify the observer candidate in writing. The written notification will
specify why the candidate failed the
training and whether the candidate
may retake the training. If a determination is made that the candidate
may not pursue further training, notification will be in the form of a written
determination denying certification, as

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Fishery Conservation and Management
specified under paragraph (a)(4)(i) of
this section.
(v) Have not been decertified under
paragraph (c) of this section.
(4) Agency determinations on observer
certification—(i) Denial of certification.
The NMFS observer certification official will issue a written determination
denying observer certification if the
candidate fails to successfully complete training, or does not meet the
qualifications for certification for any
other relevant reason.
(ii) Issuance of an observer certification. An observer certification will be
issued upon determination by the
NMFS observer certification official
that the candidate has successfully
met all requirements for certification
as specified in paragraph (a)(3) of this
section.
(5) Endorsements. The following endorsements must be obtained, in addition to observer certification, in order
for an observer to deploy as indicated.
(i) Certification training endorsement.
A certification training endorsement
signifies the successful completion of
the training course required to obtain
this endorsement. A certification
training endorsement is required for
any deployment as an observer in the
Bering Sea and Aleutian Islands
groundfish fisheries and the Gulf of
Alaska groundfish fisheries or Halibut
Act fisheries and will be granted with
the initial issuance of an observer certification. This endorsement expires
when the observer has not been deployed and performed sampling duties
as required by the Observer Program
for a period of time specified by the Observer Program after his or her most
recent debriefing. In order to renew the
endorsement, the observer must successfully retake the certification training. Observers will be notified of any
changes to the endorsement expiration
period prior to the effective date of the
change.
(ii) Annual general endorsement. Each
observer must obtain an annual general endorsement to their certification
prior to his or her initial deployment
within any calendar year subsequent to
a calendar year in which a certification
training endorsement is obtained. To
obtain an annual general endorsement,
an observer must successfully complete

§ 679.53
the annual briefing, as specified by the
Observer Program. All briefing attendance, performance, and conduct standards required by the Observer Program
must be met.
(iii) Deployment endorsements. Each
observer who has completed an initial
deployment after certification or annual briefing must receive a deployment endorsement to their certification prior to any subsequent deployments for the remainder of that year.
An observer may obtain a deployment
endorsement by successfully completing all pre-cruise briefing requirements. The type of briefing the observer must attend and successfully
complete will be specified in writing by
the Observer Program during the observer’s most recent debriefing.
(iv) Level 2 endorsements. A certified
observer may obtain a level 2 endorsement to their certification. A level 2
endorsement is required for purposes of
performing observer duties aboard vessels or stationary floating processors
or at shoreside processors participating
in
fisheries
as
prescribed
in
§ 679.51(a)(2)(vi)(A) through (E). A level
2 endorsement to an observer’s certification may be obtained if the observer
meets the following requirements:
(A) Previously served as an observer
in the groundfish or halibut fisheries
off Alaska and has completed at least
60 days of observer data collection;
(B) Received an evaluation by NMFS
for his or her most recent deployment
that indicated the observer’s performance met Observer Program expectations standards for that deployment;
and
(C) Complies with all the other requirements of this section.
(v) An observer who has obtained a
level 2 endorsement to his or her observer certification as specified in
paragraph (a)(5)(iv) of this section may
additionally receive a lead level 2 observer endorsement if the observer
meets the following requirements:
(A) A lead level 2 observer on a catcher/processor using trawl gear or a
mothership must have completed two
observer cruises (contracts) and sampled at least 100 hauls on a catcher/
processor using trawl gear or on a
mothership.
(B) [Reserved]

805

§ 679.53

50 CFR Ch. VI (10–1–23 Edition)

(C) A lead level 2 observer on a vessel
using nontrawl gear must have completed the following:
(1) Two observer cruises (contracts)
of at least 10 days each;
(2) Successfully completed training
or briefing as prescribed by the Observer Program; and
(3) Either sampled at least 30 sets on
a vessel using nontrawl gear or sampled at least 100 hauls on a catcher/
processor using trawl gear or on a
mothership.
(b) Standards of observer conduct—(1)
Limitations on conflict of interest. (i) An
observer fulfilling duties for operations
in the full observer coverage category
per § 679.51(a)(2) or (b)(2):
(A) Must not have a direct financial
interest, other than the provision of
observer services, in a North Pacific
fishery, including, but not limited to:
(1) Any ownership, mortgage holder,
or other secured interest in a vessel,
shoreside processor, or stationary
floating processor facility involved in
the catching or processing of fish,
(2) Any business involved with selling
supplies or services to any vessel,
shoreside processor, or stationary
floating processor participating in a
North Pacific fishery, or
(3) Any business involved with purchasing raw or processed products from
any vessel, shoreside processor, or stationary floating processor participating in a North Pacific fishery.
(B) May not solicit or accept, directly or indirectly, any gratuity, gift,
favor, entertainment, loan, or anything
of monetary value from anyone who either conducts activities that are regulated by NMFS or has interests that
may be substantially affected by the
performance or nonperformance of the
observer’s official duties.
(C) May not serve as an observer on
any vessel or at any shoreside or stationary floating processing facility
owned or operated by a person who previously employed the observer.
(D) May not solicit or accept employment as a crew member or an employee
of a vessel, shoreside processor, or stationary floating processor in a North
Pacific fishery while employed by an
observer provider.

(ii) Provisions for remuneration of
observers under this section do not
constitute a conflict of interest.
(2) Standards of behavior. An observer
fulfilling duties for operations in the
full observer coverage category per
§ 679.51(a)(2) or (b)(2) must:
(i) Perform assigned duties as described in the Observer Sampling Manual or other written instructions from
the Observer Program;
(ii) Accurately record their sampling
data, write complete reports, and report accurately any observations of
suspected violations of regulations relevant to conservation of marine resources or their environment; and
(iii) Not disclose collected data and
observations made aboard the vessel or
in the processing facility to any person
except the owner or operator of the observed vessel or processing facility, an
authorized officer, or NMFS.
(c) Suspension and decertification—(1)
Suspension and decertification review official. The Regional Administrator will
establish an observer suspension and
decertification review official(s), who
will have the authority to review observer certifications issued under paragraph (a) of this section and issue initial administrative determinations of
observer certification suspension and/
or decertification.
(2) Causes for suspension or decertification. The suspension/decertification official may initiate suspension or decertification proceedings against an observer:
(i) When it is alleged that the observer has committed any acts or omissions of any of the following:
(A) Failed to satisfactorily perform
the duties of an observer as specified in
writing by the Observer Program; or
(B) Failed to abide by the standards
of conduct for an observer as prescribed
under paragraph (b) of this section;
(ii) Upon conviction of a crime or
upon entry of a civil judgment for:
(A) Commission of fraud or other violation in connection with obtaining or
attempting to obtain certification, or
in performing the duties as specified in
writing by the Observer Program;
(B) Commission of embezzlement,
theft, forgery, bribery, falsification or
destruction of records, making false

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Fishery Conservation and Management
statements, or receiving stolen property;
(C) Commission of any other offense
indicating a lack of integrity or honesty that seriously and directly affects
the fitness of observers.
(3) Issuance of initial administrative determination. Upon determination that
suspension or decertification is warranted under paragraph (c)(2) of this
section, the suspension/decertification
official will issue a written initial administrative determination (IAD) to
the observer via certified mail at the
observer’s most current address provided to NMFS under § 679.43(e). The
IAD will identify whether a certification is suspended or revoked and will
identify the specific reasons for the action taken. If the IAD issues a suspension for an observer certification, the
terms of the suspension will be specified. Suspension or decertification can
be made effective upon issuance of the
IAD in cases of willfulness or in cases
in which public health, interest, or
safety require such action. In such
cases, the suspension/decertification
official will state in the IAD that suspension or decertification is effective
at time of issuance and the reason for
the action.
(4) Appeals. A certified observer who
receives an IAD that suspends or revokes his or her observer certification
may appeal pursuant to § 679.43.
[77 FR 70099, Nov. 21, 2012, as amended at 81
FR 67118, Sept. 30, 2016; 83 FR 30532, 30533,
June 29, 2018]

§ 679.54 Release of observer data to
the public.
(a) Summary of weekly data. The following information collected by observers for each catcher/processor and
catcher vessel during any weekly reporting period may be made available
to the public:
(1) Vessel name and Federal permit
number.
(2) Number of Chinook salmon and
‘‘other salmon’’ observed.
(3) The ratio of total round weight of
incidentally caught halibut or Pacific
herring to the total round weight of
groundfish in sampled catch.
(4) The ratio of number of king crab
or C. bairdi Tanner crab to the total

§ 679.54
round weight of groundfish in sampled
hauls.
(5) The number of observed trawl
hauls or fixed gear sets.
(6) The number of trawl hauls that
were basket sampled.
(7) The total weight of basket samples taken from sampled trawl hauls.
(b) Haul-specific data. (1) The information listed in paragraphs (b)(1)(i)
through (xiii) of this section and collected by observers from observed
hauls on board vessels using trawl gear
to participate in a directed fishery for
groundfish other than rockfish, Greenland turbot, or Atka mackerel may be
made available to the public:
(i) Date.
(ii) Time of day gear is deployed.
(iii) Latitude and longitude at beginning of haul.
(iv) Bottom depth.
(v) Fishing depth of trawl.
(vi) The ratio of the number of Chinook salmon to the total round weight
of groundfish.
(vii) The ratio of the number of other
salmon to the total round weight of
groundfish.
(viii) The ratio of total round weight
of incidentally caught halibut to the
total round weight of groundfish.
(ix) The ratio of total round weight
of herring to the total round weight of
groundfish.
(x) The ratio of the number of king
crab to the total round weight of
groundfish.
(xi) The ratio of the number of C.
bairdi Tanner crab to the total round
weight of groundfish.
(xii) Sea surface temperature (where
available).
(xiii) Sea temperature at fishing
depth of trawl (where available).
(2) The identity of the vessels from
which the data in paragraph (b)(1) of
this section are collected will not be
released.
(c) Competitive harm. In exceptional
circumstances, the owners and operators of vessels may provide to the Regional Administrator written justification at the time observer data are submitted, or within a reasonable time
thereafter, that disclosure of the information listed in paragraphs (a) and (b)

807

§ 679.55

50 CFR Ch. VI (10–1–23 Edition)

of this section could reasonably be expected to cause substantial competitive harm. The determination whether
to disclose the information will be
made pursuant to 15 CFR 4.7.
[77 FR 70101, Nov. 21, 2012]

§ 679.55 Observer fees.
(a) Responsibility. The owner of a
shoreside processor or stationary floating processor named on a Federal Processing Permit (FPP), a catcher/processor named on a Federal Fisheries
Permit (FFP), or a person named on a
Registered Buyer permit at the time of
the landing subject to the observer fee
as specified at § 679.55(c) must comply
with the requirements of this section.
Subsequent non-renewal of an FPP,
FFP, or a Registered Buyer permit
does not affect the permit holder’s liability for noncompliance with this
section.
(b) Observer fee liability determination.
After each fishing year, the Regional
Administrator will mail an observer fee
liability invoice to each permit holder
specified in paragraph (a) of this sec-

tion for landings of groundfish and halibut subject to the observer fee. The
observer fee liability invoice will provide a summary of the round pounds of
groundfish
and
headed-and-gutted
weight for halibut landed during the
previous fishing year for each permit
by species, landing port or port-group,
and gear category. The total fee liability for each permit holder will be determined by applying the observer fee
percentage in paragraph (f) of this section to the ex-vessel value of the
groundfish and halibut landings subject
to the observer fee. The method for determining the ex-vessel value of the
groundfish and halibut landings subject
to the observer fee is provided in paragraph (e) of this section. The fee liability will be assessed on the groundfish
round weight and the headed-and-gutted weight for halibut.
(c) Landings subject to the observer fee.
The observer fee is assessed on landings
by vessels not in the full observer coverage
category
described
at
§ 679.51(a)(2) according to the following
table:
Is fish from the landing subject to the observer fee?

If fish in the landing by a catcher vessel or production by a catcher/
processor is from the following fishery or species:

If the vessel is not designated on an FFP or required to be
designated on an FFP:

If the vessel is designated
on an FFP or required to
be designated on an FFP:

(1) Groundfish listed in Table 2a to this part that are harvested in the
EEZ and subtracted from a total allowable catch limit specified
under § 679.20(a).
(2) Groundfish listed in Table 2a to this part that are harvested in
Alaska State waters, including in a parallel groundfish fishery, and
subtracted from a total allowable catch limit specified under
§ 679.20(a).
(3) Sablefish IFQ, regardless of where harvested ..................................
(4) Halibut IFQ or halibut CDQ, regardless of where harvested ............
(5) Groundfish listed in Table 2a to this part that are harvested in
Alaska State waters, but are not subtracted from a total allowable
catch limit under § 679.20(a).
(6) Any groundfish or other species not listed in Table 2a to part 679,
except halibut IFQ or CDQ halibut, regardless of where harvested.

Not applicable, an FFP is
required to harvest these
groundfish in the EEZ.
No ......................................

Yes.

Yes ....................................
Yes ....................................
No ......................................

Yes.
Yes.
No.

No ......................................

No.

(d) Standard ex-vessel prices—(1) General. NMFS will publish the standard
ex-vessel prices used to determine the
observer fee in the upcoming year in
the FEDERAL REGISTER during the last
quarter of each calendar year. The
standard ex-vessel prices will be described in U.S. dollars per equivalent
round pound for groundfish and per
equivalent headed-and-gutted weight
for halibut.

Yes.

(2) Effective duration. The standard
ex-vessel prices will remain in effect
until revised by subsequent publication
in the FEDERAL REGISTER.
(3) Standard ex-vessel price determination and use—(i) Groundfish standard exvessel prices. Except as described in
paragraph (d)(3)(ii) of this section,

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Fishery Conservation and Management
NMFS will calculate groundfish standard ex-vessel prices based on standardized ex-vessel nominal prices calculated using information submitted in
the Commercial Operator’s Annual Report described at § 679.5(p) and the
shoreside processor or stationary floating processor landing report described
at § 679.5(e)(5), as well as methods established by the State of Alaska’s
Commercial Fisheries Entry Commission.
(A) Groundfish standard ex-vessel
prices will be calculated as a 3-year
rolling average of standard prices for
each species, port or port-group, and
gear.
(B) Gear categories for groundfish
standard ex-vessel prices are: Pelagic
trawl gear, non-pelagic trawl gear, and
non-trawl gear.
(ii) Halibut and fixed gear sablefish
standard ex-vessel prices. NMFS will use
data submitted to NMFS on the IFQ
Registered
Buyer
report
under
§ 679.5(l)(7) to calculate the standard exvessel prices for each year for halibut
and fixed gear sablefish, by port or port
group. These standard ex-vessel prices
will be applied to landings of:
(A) Halibut;
(B) IFQ sablefish; and
(C) Sablefish accruing against the
fixed-gear sablefish CDQ allocation.
(iii) Confidentiality. Standard ex-vessel prices will be aggregated among
ports if fewer than four processors participate in a price category for any species and gear combination.
(e) Determining the ex-vessel value of
groundfish and halibut. The ex-vessel
value of groundfish and halibut subject
to the observer fee will be determined
by applying the standard ex-vessel
price published in the FEDERAL REGISTER in the year prior to the year in
which the landing was made to the
round weight of groundfish and the
headed-and-gutted weight of halibut
landings subject to the observer fee.
(f) Observer fee percentage. The observer fee percentage is 1.25 percent
through December 31, 2020. Beginning
January 1, 2021, the observer fee percentage is 1.65 percent.
(g) Fee collection. A permit holder
specified in paragraph (a) of this section, receiving a groundfish or halibut
landing subject to the observer fee

§ 679.55
under paragraph (c) of this section, is
responsible for collecting fees during
the calendar year in which the groundfish or halibut is received.
(h) Payment—(1) Payment due date. A
permit holder specified in paragraph
(a) of this section must submit his or
her observer fee liability payment(s) to
NMFS no later than February 15 of the
year following the calendar year in
which the groundfish or halibut landings subject to the observer fee were
made.
(2) Payment recipient. Make electronic
payment payable to NMFS.
(3) Payment address. Payments must
be made electronically through the
NMFS Alaska Region Web site at http://
alaskafisheries.noaa.gov.
Instructions
for electronic payment will be provided
on the payment Web site and on the observer fee liability invoice to be mailed
to each permit holder.
(4) Payment method. Payment must be
made electronically in U.S. dollars by
automated clearinghouse, credit card,
or electronic check drawn on a U.S.
bank account.
(5) Underpayment of fee liability. (i)
Under § 679.4, an applicant will not receive a new or amended FPP or Registered Buyer permit until he or she
submits a complete permit application.
For the application to be considered
complete, all fees required by NMFS
must be paid.
(ii) If a permit holder fails to submit
full payment for the observer fee liability by the date described in paragraph
(h)(1) of this section, the Regional Administrator may:
(A) At any time thereafter send an
initial administrative determination to
the liable permit holder stating that
the permit holder’s estimated fee liability, as calculated by the Regional
Administrator and sent to the permit
holder pursuant to paragraph (b) of
this section, is the amount of observer
fee due from the permit holder.
(B) Disapprove any issuance of an
FPP or Registered Buyer permit to the
applicant in accordance with § 679.4.
(iii) If payment is not received by the
30th day after the final agency action,
the agency may pursue collection of
the unpaid fees.
(i) Overpayment of fee. Upon issuance
of final agency action, any amount

809

§ 679.60

50 CFR Ch. VI (10–1–23 Edition)

submitted to NMFS in excess of the observer fee liability determined to be
due by the final agency action will be
returned to the permit holder unless
the permit holder requests the agency
to credit the excess amount against the
permit holder’s future observer fee liability.
(j) Appeals. A permit holder who receives an IAD may either pay the fee
liability or appeal the IAD pursuant to
§ 679.43. In any appeal of an IAD made
under this section, a permit holder
specified in paragraph (a) of this section has the burden of proving his or
her claim.
[77 FR 70102, Nov. 21, 2012, as amended at 81
FR 17411, Mar. 29, 2016; 85 FR 41427, July 10,
2020]

Subpart F—American Fisheries Act
and Aleutian Island Directed
Pollock Fishery Management
Measures
SOURCE: 67 FR 79734, Dec. 30, 2002, unless
otherwise noted.

§ 679.60 Authority and related regulations.
(a) Regulations under this subpart
were developed by the National Marine
Fisheries Service and the North Pacific
Fishery Management Council to implement the American Fisheries Act
(AFA) (Div. C, Title II, Subtitle II,
Public Law 105–277, 112 Stat. 2681 (1998))
and the Consolidated Appropriations
Act of 2004 (Public Law 108–199, Sec.
803). Additional regulations in this part
that implement specific provisions of
the AFA and Consolidated Appropriations Act of 2004 are set out at §§ 679.2
Definitions, 679.4 Permits, 679.5 Recordkeeping and reporting (R &R), 679.7
Prohibitions, 679.20 General limitations, 679.21 Prohibited species bycatch
management, 679.28 Equipment and
operational requirements, 679.31 CDQ
reserves, and 679.50 Groundfish Observer Program.
(b) Regulations developed by the Department of Transportation to implement provisions of the AFA are found
at 46 CFR part 356.
[70 FR 9867, Mar. 1, 2005]

§ 679.61 Formation and operation of
fishery cooperatives.
(a) Who is liable for violations by a fishery cooperative and cooperative members?
A fishery cooperative must comply
with the provisions of this section. The
owners and operators of vessels that
are members of a fishery cooperative,
including vessels under contract to a
cooperative, are responsible for ensuring that the fishery cooperative complies
with
the
directed
fishing,
sideboard closures, PSC limits and
other allocations and restrictions that
are applicable to the fishery cooperative. The owners and operators of vessels that are members of a fishery cooperative, including vessels under contract to a cooperative, are responsible
for ensuring that all fishery cooperative members comply with the directed
fishing, sideboard closures, PSC limits
and other allocations and restrictions
that are applicable to the fishery cooperative.
(b) Who must comply this section? Any
fishery cooperative formed under section 1 of the Fisherman’s Collective
Marketing Act 1934 (15 U.S.C. 521) for
the purpose of cooperatively managing
directed fishing for BS subarea pollock
must comply with the provisions of
this section. The owners and operators
of all the member vessels that are signatories to a fishery cooperative are
jointly and severally responsible for
compliance with the requirements of
this section.
(c) Designated representative and agent
for service of process. Each cooperative
must appoint a designated representative and agent for service of process
and must ensure that the cooperative’s
designated representative and agent for
service of process comply with the regulations in this part.
(1) What is a designated representative?
The designated representative is the
primary contact person for NMFS on
issues relating to the operation of the
cooperative. Any cooperative formed
under this section must appoint a designated representative to fulfill regulatory requirements on behalf of the
cooperative including, but not limited
to, filing of cooperative contracts, filing of annual reports, submitting all
cost recovery fees, and in the case of

810

Fishery Conservation and Management
inshore sector catcher vessel cooperatives, signing cooperative fishing permit applications and completing and
submitting inshore catcher vessel pollock cooperative catch reports.
(2) What is an agent for service of process? Any cooperative formed under this
section must appoint an agent who is
authorized to receive and respond to
any legal process issued in the United
States with respect to all owners and
operators of vessels that are members
of the cooperative. The cooperative
must provide the Regional Administrator with the name, address and telephone number of the appointed agent.
Service on or notice to the cooperative’s appointed agent constitutes service on or notice to all members of the
cooperative.
(3) What is the term of service and process for replacing the agent for service of
process? The agent for service of process
must be capable of accepting service on
behalf of the cooperative until December 31 of the year 5 years after the calendar year for which the fishery cooperative has filed its intent to operate.
The owners and operators of all member vessels of a cooperative are responsible for ensuring that a substitute
agent is designated and the Agency is
notified of the name, address and telephone number of the substitute agent
in the event the previously designated
agent is no longer capable of accepting
service on behalf of the cooperative or
the cooperative members within that 5year period.
(d) Annual filing requirements. You
must file on an annual basis, with the
Council and NMFS, a signed copy of
your fishery cooperative contract, and
any material modifications to any such
contract, together with 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 any response
to such request. The Council and
NMFS will make this information
available to the public upon request.
(1) Must multi-year contracts be re-filed
annually? If your cooperative contract
was previously filed with NMFS and
the Council under this paragraph (d),
then you may submit a renewal letter
to NMFS and the Council by the filing
deadline in lieu of the cooperative con-

§ 679.61
tract and business review letter. The
renewal letter must provide notice that
the previously filed cooperative contract will remain in effect for the subsequent fishing year. The renewal letter also must detail any material modifications to the cooperative contract
that have been made since the last filing including, but not limited to, any
changes in cooperative membership.
(2) Where must contracts or renewal letters be filed? You must send a signed
copy of your cooperative contract or
renewal letter and the required supporting materials to the North Pacific
Fishery Management Council, 605 West
4th Ave, Suite 306, Anchorage, AK
99501; and to the NMFS Alaska Region.
The mailing address for the NMFS
Alaska Region is P.O. Box 21668, Juneau, AK 99802. The street address for
delivery by private courier is 709 West
9th St., Suite 401, Juneau, AK 99801.
(3) What is the deadline for filing? The
contract or renewal letter and supporting materials must be received by
NMFS and by the Council at least 30
days prior to the start of any fishing
activity conducted under the terms of
the contract. In addition, an inshore
cooperative that is also applying for an
allocation of BS subarea pollock under
§ 679.62 must file its contract, any
amendments hereto, and supporting
materials no later than December 1 of
the year prior to the year in which
fishing under the contract will occur.
(e) What are the required elements in a
cooperative contract?—(1) Requirements
for all fishery cooperatives. Any cooperative contract filed under this paragraph (e) must:
(i) List parties to the contract.
(ii) List all vessels and processors
that will harvest and process pollock
harvested under the cooperative.
(iii) Specify the amount or percentage of pollock allocated to each party
to the contract.
(iv) Specify a designated representative and agent for service of process.
(v) Include a contract clause under
which the parties to the contract agree
to make payments to the State of Alaska for any pollock harvested in the directed pollock fishery that are not
landed in the State of Alaska, in
amounts which would otherwise accrue
had the pollock been landed in the

811

§ 679.61

50 CFR Ch. VI (10–1–23 Edition)

State of Alaska subject to any landing
taxes established under Alaska law.
Failure to include such a contract
clause or for such amounts to be paid
will result in a revocation of the authority to form fishery cooperatives
under section 1 of the Act of June 25,
1934 (15 U.S.C. 521 et seq.).
(vi) List the obligations of members
of a cooperative, governed by this section, to ensure the full payment of all
AFA fee liabilities that may be due.
(2) Additional required elements in all
fishery cooperatives that include AFA
catcher vessels. A cooperative contract
that includes catcher vessels must include adequate provisions to prevent
each non-exempt member catcher vessel from exceeding an individual vessel
sideboard limit for each BSAI or GOA
sideboard species or species group that
is issued to the vessel by the cooperative in accordance with the following
formula:
(i) The aggregate individual vessel
sideboard limits issued to all member
vessels in a cooperative must not exceed the aggregate contributions of
each member vessel towards the overall groundfish sideboard amount as calculated by NMFS under § 679.64(b) and
as announced to the cooperative by the
Regional Administrator, or
(ii) In the case of two or more cooperatives that have entered into an
inter-cooperative agreement, the aggregate individual vessel sideboard
limits issued to all member vessels
subject to the inter-cooperative agreement must not exceed the aggregate
contributions of each member vessel
towards
the
overall
groundfish
sideboard amount as calculated by
NMFS under § 679.64(b) and as announced by the Regional Administrator.
(f) Annual reporting requirement. Any
fishery cooperative governed by this
section must submit an annual written
report on fishing activity to the North
Pacific Fishery Management Council,
605 West 4th Avenue, Suite 306, Anchorage, AK 99501. The Council will make
copies of each report available to the
public upon request.
(1) What is the submission deadline?
The cooperative must submit the annual report by April 1 of each year. Annual reports must be postmarked by

the submission deadline or received by
a private courier service by the submission deadline.
(2) What information must be included?
The annual report must contain, at a
minimum:
(i) The cooperative’s allocated catch
of pollock and sideboard species, and
any sub-allocations of pollock and
sideboard species made by the cooperative to individual vessels on a vesselby-vessel basis;
(ii) The cooperative’s actual retained
and discarded catch of pollock,
sideboard species, and PSC on an areaby-area and vessel-by-vessel basis;
(iii) A description of the method used
by the cooperative to monitor fisheries
in which cooperative vessels participated;
(iv) A description of any actions
taken by the cooperative in response to
any vessels that exceed their allowed
catch and bycatch in pollock and all
sideboard fisheries; and
(v) The total weight of pollock landed
outside the State of Alaska on a vesselby-vessel basis.
(vi) The number of salmon taken by
species and season, and list each vessel’s number of appearances on the
weekly ‘‘dirty 20’’ lists for non-Chinook
salmon.
(3) What is the required format? You
must submit at least one copy of each
annual report ready for duplication on
unbound single-sided 8.5- by-11-inch
paper, or in an alternative format approved in advance by the Council.
(g) Landing tax payment deadline. You
must pay any landing tax owed to the
State of Alaska under section 210(f) of
the AFA and paragraph (e)(1)(v) of this
section before April 1 of the following
year, or the last day of the month following the date of publication of statewide average prices by the Alaska
State Department of Revenue, whichever is later. All members of the cooperative are prohibited from harvesting
pollock in the BS subarea directed pollock fishery after the payment deadline if any member vessel has failed to
pay all required landing taxes from any
landings made outside the State of

812

Fishery Conservation and Management
Alaska by the landing deadline. Members of the cooperative may resume directed fishing for pollock once all overdue landing taxes are paid.
[67 FR 79734, Dec. 30, 2002, as amended at 68
FR 6836, Feb. 11, 2003; 70 FR 9868, Mar. 1, 2005;
72 FR 61076, Oct. 29, 2007; 73 FR 76166, Dec. 15,
2008; 75 FR 53069, Aug. 30, 2010; 76 FR 12886,
Mar. 9, 2011; 81 FR 168, Jan. 5, 2016]

§ 679.62 Inshore sector cooperative allocation program.
(a) How will inshore sector cooperative
allocations be made? An inshore catcher
vessel cooperative that applies for and
receives an AFA inshore cooperative
fishing permit under § 679.4(l)(6) will receive a sub-allocation of the annual BS
subarea inshore sector directed fishing
allowance. Each inshore cooperative’s
annual allocation amount(s) will be determined using the following procedure:
(1) Determination of individual vessel
catch histories. The Regional Administrator will calculate an official AFA
inshore cooperative catch history for
every inshore-sector endorsed AFA
catcher vessel according to the following steps:
(i) Determination of annual landings.
For each year from 1995 through 1997
the Regional Administrator will determine each vessel’s total non-CDQ
inshore pollock landings from the Bering Sea Subarea and Aleutian Islands
Subarea separately, except for the F/V
PROVIDIAN (USCG documentation
number 1062183).
(ii) Determination of annual landings
for the F/V PROVIDIAN. For the F/V
PROVIDIAN, pursuant to Public Law
106–562, the Regional Administrator
will substitute the 1992 through 1994
total Bering Sea subarea and Aleutian
Islands
subarea
pollock
non-CDQ
inshore landings made by the F/V
OCEAN SPRAY (USCG documentation
number 517100 for the purpose of determining annual cooperative quota share
percentage.
(iii) Offshore compensation. If a catcher vessel made a total of 500 or more
mt of landings of non-CDQ Bering Sea
Subarea pollock or Aleutian Islands
Subarea pollock to catcher/processors
or offshore motherships other than the
EXCELLENCE (USCG documentation
number 967502); GOLDEN ALASKA

§ 679.62
(USCG documentation number 651041);
or OCEAN PHOENIX (USCG documentation number 296779) over the 3year period from 1995 through 1997,
then all non-CDQ offshore pollock landings made by that vessel during from
1995 through 1997 will be added to the
vessel’s inshore catch history by year
and subarea.
(iv) Best two out of three years. After
steps (a)(1)(i) and (ii) of this section are
completed, the 2 years with the highest
landings will be selected for each subarea and added together to generate
the vessel’s official AFA inshore cooperative catch history for each subarea.
A vessel’s best 2 years may be different
for the Bering Sea subarea and the
Aleutian Islands Subarea.
(2) Determination of individual vessel
catch histories after approval of replacement of catcher vessel and approval of removal of catcher vessel from the AFA directed pollock fishery. (i) If NMFS approves the application of an owner of a
catcher vessel that is a member of an
inshore vessel cooperative to replace a
catcher vessel pursuant to § 679.4(l)(7),
NMFS will assign the AFA inshore pollock catch history of the replaced vessel to the replacement vessel.
(ii) If NMFS approves the application
of an owner of a catcher vessel that is
a member of an inshore vessel cooperative to remove a catcher vessel from
the AFA directed pollock fishery pursuant to § 679.4(l)(7), NMFS will assign
the AFA inshore pollock catch history
of the removed vessel to one or more
vessels in the inshore vessel cooperative to which the removed vessel belonged as required by § 679.4(l)(7);
NMFS will not assign the catch history
for any non-pollock species of the removed vessel to any other vessel, and
NMFS will permanently extinguish any
exemptions from sideboards that were
specified on the AFA permit of the removed vessel.
(3) Conversion of individual vessel catch
histories to annual cooperative quota
share percentages. Each inshore pollock
cooperative that applies for and receives an AFA inshore pollock cooperative fishing permit will receive an annual quota share percentage of pollock
for the BS subarea that is equal to the
sum of each member vessel’s official
AFA inshore cooperative catch history

813

§ 679.62

50 CFR Ch. VI (10–1–23 Edition)

for the BS subarea divided by the sum
of the official AFA inshore cooperative
catch histories of all inshore-sector endorsed AFA catcher vessels. The cooperative’s quota share percentage will
be listed on the cooperative’s AFA pollock cooperative permit.
(4) Conversion of quota share percentage to TAC allocations. (Effective April
1, 2005) Each inshore pollock cooperative that receives a quota share percentage for a fishing year will receive
an annual allocation of Bering Sea and/
or Aleutian Islands pollock that is
equal to the cooperative’s quota share
percentage for that subarea multiplied
by the annual inshore pollock allocation for that subarea. Each cooperative’s annual pollock TAC allocation
may be published in the proposed and
final BSAI harvest specifications notice.
(b) What are the restrictions on fishing
under a cooperative fishing permit? A cooperative that receives a cooperative
fishing permit under § 679.4(l)(6) must
comply with all of the fishing restrictions set out in this subpart. The owners and operators of all the member
vessels that are named on an inshore
cooperative fishing permit and the
owners and operators of any vessels
under contract to the cooperative
under paragraph (c) of this section are
jointly and severally responsible for
compliance with all of the requirements of a cooperative fishing permit
pursuant to § 679.4(l)(6).
(1) What vessels are eligible to fish
under an inshore cooperative fishing permit? Only catcher vessels listed on a cooperative’s AFA inshore cooperative
fishing permit or vessels under contract to the cooperative under paragraph (c) of this section are permitted
to harvest any portion of an inshore
cooperative’s annual pollock allocation.
(2) What harvests accrue against an
inshore cooperative’s annual pollock allocation? The following catches will accrue against a cooperative’s annual
pollock allocation regardless of whether the pollock was retained or discarded:
(i) Member vessels. All pollock caught
by a member vessel while engaged in
directed fishing for pollock in the BS
subarea unless the vessel is under con-

tract to another cooperative and the
pollock is assigned to another cooperative.
(ii) Contract vessels. All pollock contracted for harvest and caught by a
vessel under contract to the cooperative under paragraph (c) of this section
while the vessel was engaged in directed fishing for pollock in the BS
subarea.
(c) Contract fishing by non-member vessels. A cooperative that wishes to contract with a non-member vessel to harvest a portion of the cooperative’s annual pollock allocation must comply
with the following procedures.
(1) How does a cooperative contract
with a non-member vessel? A cooperative
that wishes to contract with a nonmember vessel must submit a completed contract fishing application to
the Alaska Region, NMFS, in accordance with the contract fishing application instructions.
(2) What information must be included
on a contract fishing application? The
following information must be included
on a contract fishing application:
(i) Co-op name(s). The names of the
cooperative or cooperatives that wish
to contract with a non-member vessel.
(ii) Designated representative(s). The
names and signatures of the designated
representatives for the cooperatives
that wish to contract with a non-member vessel and the vessel’s home cooperative.
(iii) Vessel name. The name and AFA
permit number of the contracted vessel.
(iv) Vessel owner. The name and signature of the owner of the contracted
vessel.
(v) Harvest schedule. A completed harvest schedule showing how all catch
and any overages by the contracted
vessel will be allocated between the
contracting cooperative (or cooperatives) and the contract vessel’s home
cooperative. In the event that multiple
cooperatives are jointly contracting
with a non-member vessel, the harvest
schedule must clearly specify how all
catch and any overages will be allocated among the various cooperatives.
(3) What vessels are eligible to conduct
contract fishing on behalf of an inshore
cooperative? Only AFA catcher vessels
with an inshore fishing endorsement

814

Fishery Conservation and Management
that are members of an inshore cooperative may conduct contract fishing on
behalf of another inshore cooperative.
(4) Who must be informed? A cooperative that has contracted with a nonmember vessel to harvest a portion of
its inshore pollock allocation must inform any AFA inshore processors to
whom the vessel will deliver pollock
while under contract to the cooperative prior to the start of fishing under
the contract.
(5) How must contract fishing be reported to NMFS? An AFA inshore processor that receives pollock harvested
by a vessel under contract to a cooperative must report the delivery to
NMFS on the electronic delivery report
by using the co-op code for the contracting cooperative rather than the
co-op code of the vessel’s home cooperative.
[67 FR 79734, Dec. 30, 2002, as amended at 68
FR 6836, Feb. 11, 2003; 69 FR 64688, Nov. 8,
2004; 70 FR 9868, Mar. 1, 2005; 79 FR 54602,
Sept. 12, 2014; 84 FR 2728, Feb. 8, 2019]

§ 679.63 Catch weighing requirements
for vessels and processors.
(a) What are the requirements for listed
AFA
catcher/processors
and
AFA
motherships?—(1) Catch weighing. All
groundfish landed by listed AFA catcher/processors or received by AFA
motherships must be weighed on a
NMFS-certified scale and made available for sampling by a NMFS certified
observer. The owner and operator of a
listed AFA catcher/processor or an
AFA mothership must ensure that the
vessel is in compliance with the scale
requirements described at § 679.28(b),
that each groundfish haul is weighed
separately, and that no sorting of
catch, except halibut sorted on deck by
vessels participating in the halibut
deck sorting described at § 679.120,
takes place prior to weighing.
(2) Observer sampling station. The
owner and operator of a listed AFA
catcher/processor or AFA mothership
must provide an observer sampling station as described at § 679.28(d) and must
ensure that the vessel operator complies with the observer sampling station
requirements
described
at
§ 679.28(d) at all times that the vessel
harvests groundfish or receives deliv-

§ 679.64
eries of groundfish harvested in the
BSAI or GOA.
(b) What are the requirements for unlisted AFA catcher/processors? The owner
or operator of an unlisted AFA catcher/
processor must comply with the catch
weighing and observer sampling station requirements set out in paragraph
(a) of this section at all times the vessel is engaged in directed fishing for
pollock in the BSAI.
(c) What are the requirements for AFA
replacement vessels? The owner and operator of an AFA replacement vessel
are subject to the catch weighing requirements and the observer sampling
station requirements in paragraphs (a)
and (b) of this section that applied to
the owner and operator of the replaced
vessel.
(d) What are the requirements for AFA
inshore processors?—(1) Catch weighing.
All groundfish landed by AFA catcher
vessels engaged in directed fishing for
pollock in the BSAI must be sorted and
weighed on a scale approved by the
State of Alaska as described in
§ 679.28(c), and be made available for
sampling by a NMFS certified observer. The observer must be allowed
to test any scale used to weigh groundfish in order to determine its accuracy.
(2) The plant manager or plant liaison must notify the observer of the offloading schedule for each delivery of
BSAI pollock by an AFA catcher vessel
at least 1 hour prior to offloading. An
observer must monitor each delivery of
BSAI pollock from an AFA catcher vessel and be on site the entire time the
delivery is being weighed or sorted.
[67 FR 79734, Dec. 30, 2002, as amended at 79
FR 54602, Sept. 12, 2014; 84 FR 55053, Oct. 15,
2019]

§ 679.64 Harvesting sideboard limits in
other fisheries.
(a) Harvesting sideboards for listed AFA
catcher/processors and catcher/processors
designated on listed AFA catcher/processor permits. The Regional Administrator will restrict the ability of listed
AFA catcher/processors and a catcher/
processor designated on a listed AFA
catcher/processor permit to engage in
directed
fishing
for
non-pollock
groundfish species to protect participants in other groundfish fisheries
from adverse effects resulting from the

815

§ 679.64

50 CFR Ch. VI (10–1–23 Edition)

AFA and from fishery cooperatives in
the BS subarea directed pollock fishery.
(1) How will groundfish sideboard limits
for AFA listed catcher/processors and
catcher/processors designated on listed
AFA catcher/processor permits be calculated? Except for Aleutian Islands
pollock and BSAI Pacific cod, the Regional Administrator will establish annual AFA catcher/processor harvest
limits for each groundfish species or
species group in which a TAC is specified for an area or subarea of the BSAI
as follows:
(i) Aleutian Islands Pacific ocean
perch. (A) The Aleutian Islands Pacific
ocean perch harvest limit will be equal
to the 1996 through 1997 aggregate retained catch of Aleutian Islands Pacific ocean perch by catcher/processors
listed in Sections 208(e)(1) through (20)
and 209 of the AFA in non-pollock target fisheries divided by the sum of the
Aleutian Islands Pacific ocean perch
catch in 1996 and 1997 multiplied by the
remainder of the Aleutian Islands Pacific ocean perch TAC after the subtraction of the CDQ reserve under
§ 679.20(b)(1)(ii)(C) in the year in which
the harvest limit will be in effect.
(B) If the amount of Pacific ocean
perch calculated under paragraph
(a)(1)(i)(A) of this section is determined
by the Regional Administrator to be
insufficient to meet bycatch needs of
AFA catcher/processors in other directed fisheries for groundfish, the Regional Administrator will prohibit directed fishing for Aleutian Islands Pacific ocean perch by AFA catcher/processors and establish the sideboard
amount equal to the amount of Aleutian Islands Pacific ocean perch caught
by AFA catcher/processors incidental
to directed fishing for other groundfish
species.
(ii) Atka mackerel. The Atka mackerel
harvest limit for each area and season
will be equal to:
(A) Bering Sea subarea and Eastern
Aleutian Islands, zero; and
(B) Western Aleutian Islands, 20 percent of the annual TAC specified for
Atka mackerel.
(iii) Flathead sole, rock sole, and yellowfin sole. The harvest limit for flathead sole, rock sole, and yellowfin sole
will be equal to the 1995 through 1997

aggregate retained catch of that species by catcher/processors listed in Sections 208(e)(1) through (e)(20) and 209 of
the AFA in non-pollock target fisheries
divided by the sum of the catch of that
species in 1995 through 1997 multiplied
by the remainder of the TAC of that
species after the subtraction of the
CDQ reserve under § 679.20(b)(1)(ii)(C) in
the year in which the harvest limit will
be in effect.
(iv) Remaining groundfish species. (A)
Except as provided for in paragraphs
(a)(1)(i) through (a)(1)(iii) of this section, the harvest limit for each BSAI
groundfish species or species group will
be equal to the 1995 through 1997 aggregate retained catch of that species by
catcher/processors listed in Sections
208 (e)(1) through (e)(20) and 209 of the
AFA in non-pollock target fisheries divided by the sum of the catch of that
species in 1995 through 1997 multiplied
by the TAC of that species available for
harvest by catcher/processors in the
year in which the harvest limit will be
in effect.
(B) If the amount of a species calculated under paragraph (a)(1)(iv)(A) of
this section is determined by the Regional Administrator to be insufficient
to meet bycatch needs for AFA catcher/processors in other directed fisheries
for groundfish, the Regional Administrator will prohibit directed fishing for
that species by AFA catcher/processors
and establish the sideboard amount
equal to the amount of that species
caught by AFA catcher/processors incidental to directed fishing for other
groundfish species.
(v) Yellowfin sole sideboard limit exemption. AFA catcher/processors will not
be subject to a harvest limit for yellowfin sole in the BSAI during a calendar year if the aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited
access sector is greater than or equal
to 125,000 metric tons.
(2) What are the halibut and crab PSC
sideboard limits? The halibut and crab
PSC bycatch limits specified for catcher/processors in the BSAI are listed in
Tables 40 and 41 to this part.
(3) How will AFA catcher/processor
sideboard limits be managed? (i) The Regional Administrator will manage

816

Fishery Conservation and Management
groundfish harvest limits and PSC bycatch limits for AFA catcher/processors through directed fishing closures
in fisheries established under paragraph (a)(1) of this section in accordance with the procedures set out in
§§ 679.20(d)(1)(iv) and 679.21(b)(4)(iii).
(ii) Directed fishing for the BSAI
groundfish that have sideboard limits
listed in Table 54 of this part is prohibited.
(b) Harvesting sideboards for AFA
catcher vessels. The Regional Administrator will restrict the ability of AFA
catcher vessels to engage in directed
fishing for other groundfish species to
protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery
cooperatives in the BS subarea directed pollock fishery.
(1) To whom do the catcher vessel
sideboard limits apply? Catcher vessel
harvest limits and PSC bycatch limits
apply to all AFA catcher vessels participating in all GOA groundfish fisheries and all non-pollock groundfish
fisheries in the BSAI except vessels
qualifying for sideboard exemptions in
the specific fisheries identified in paragraph (b)(2) of this section.
(2) Who is exempt from catcher vessel
sideboards? (i) BSAI Pacific cod
sideboard exemptions—(A) AFA catcher vessels less than 125 ft (38.1 m) LOA
that are determined by the Regional
Administrator to have harvested a
combined total of less than 5,100 mt of
BSAI pollock, and to have made 30 or
more legal landings of Pacific cod in
the BSAI directed fishery for Pacific
cod from 1995 through 1997 are exempt
from sideboard closures for BSAI Pacific cod.
(B) AFA catcher vessels with
mothership endorsements are exempt
from BSAI Pacific cod catcher vessel
sideboard directed fishing closures
after March 1 of each fishing year.
(ii) GOA groundfish sideboard exemptions. AFA catcher vessels less than 125
ft (38.1 m) LOA that are determined by
the Regional Administrator to have
harvested less than 5,100 mt of BSAI
pollock and to have made 40 or more
landings of GOA groundfish from 1995
through 1997 are exempt from GOA
groundfish catcher vessel sideboard directed fishing closures.

§ 679.64
(iii) An AFA rebuilt catcher vessel
will have the same sideboard exemptions, if any, as the vessel before rebuilding, irrespective of the length of
the AFA rebuilt catcher vessel.
(iv) An AFA replacement vessel for
an AFA catcher vessel will have the
same sideboard exemptions, if any, as
the replaced AFA catcher vessel, irrespective of the length of the AFA replacement vessel, except that if the replacement vessel was already designated on an AFA permit as exempt
from sideboard limits, the replacement
vessel will maintain the exemption
even if the replaced vessel was not exempt from sideboard limits.
(3) How will groundfish sideboard limits
be calculated? Except for Aleutian Islands pollock, the Regional Administrator will establish annual AFA
catcher vessel harvest limits for each
groundfish species or species group in
which a TAC is specified for an area or
subarea of the GOA and BSAI as follows:
(i) BSAI groundfish other than Amendment 80 species. The AFA catcher vessel
groundfish harvest limit for each BSAI
groundfish species or species group
other than BSAI Pacific cod will be
equal to the aggregate retained catch
of that groundfish species or species
group from 1995 through 1997 by all
AFA catcher vessels; divided by the
sum of the TACs available to catcher
vessels for that species or species group
from 1995 through 1997; multiplied by
the TAC available to catcher vessels in
the year or season in which the harvest
limit will be in effect.
(ii) BSAI Pacific cod. The AFA catcher vessel groundfish harvest limit for
BSAI Pacific cod will be equal to the
retained catch of BSAI Pacific cod in
1997 by AFA catcher vessels not exempted under paragraph (b)(2)(i)(A) of
this section divided by the BSAI Pacific cod TAC available to catcher vessels in 1997; multiplied by the BSAI Pacific cod TAC available to catcher vessels in the year or season in which the
harvest limit will be in effect. This
limit is in effect only for C season.
(iii) Amendment 80 species other than
Pacific cod. The AFA catcher vessel
groundfish harvest limit for each
Amendment 80 species other than BSAI

817

§ 679.65

50 CFR Ch. VI (10–1–23 Edition)

Pacific cod will be equal to the aggregate retained catch of that Amendment
80 species from 1995 through 1997 by all
AFA catcher vessels, divided by the
sum of the TAC available to catcher
vessels for that species or species group
from 1995 through 1997, and multiplied
by the remainder of the TAC after the
subtraction of the CDQ reserve under
§ 679.20(b)(1)(ii)(C) in the year or season
in which the harvest limit will be in effect.
(iv) GOA groundfish. The non-exempt
AFA catcher vessels and the associated
LLP licenses groundfish harvest limit
for each GOA groundfish species or species group will be equal to the aggregate retained catch of that groundfish
species or species group from 2009
through 2019 by AFA catcher vessels
not exempted under paragraph (b)(2)(ii)
of this section; divided by the sum of
the TACs of that species or species
group available to catcher vessels from
2009 through 2019; multiplied by the
TAC available to catcher vessels in the
year or season in which the harvest
limit will be in effect.
(4) How will halibut and crab PSC limits
be calculated?—(i) [Reserved]
(ii) The non-exempt AFA catcher vessels and the associated LLP licenses
PSC bycatch limit for halibut in the
GOA will be an annual amount based
on a static ratio of 0.072 derived from
the aggregate retained groundfish
catch by non-exempt AFA CVs in each
PSC target category from 2009 through
2019.
(5) How will catcher vessel sideboard
limits be managed? (i) The Regional Administrator will manage groundfish
harvest limits and PSC bycatch limits
for AFA catcher vessels using directed
fishing closures according to the procedures set out at §§ 679.20(d)(1)(iv) and
679.21(d)(7) and (e)(3)(v).
(ii) Directed fishing for the BSAI
groundfish that have sideboard limits
listed in Table 55 of this part and the
GOA groundfish that have sideboard
limits listed in Table 56 of this part is
prohibited.
(6) Yellowfin sole sideboard limit exemption. AFA catcher vessels will not be
subject to a harvest limit for yellowfin
sole in the BSAI during a calendar year
if the aggregate ITAC of yellowfin sole
assigned to the Amendment 80 sector

and BSAI trawl limited access sector is
greater than or equal to 125,000 metric
tons.
[67 FR 79734, Dec. 30, 2002, as amended at 70
FR 9868, Mar. 1, 2005; 72 FR 52725, Sept. 14,
2007; 72 FR 50818, Sept. 4, 2007; 73 FR 27770,
May 14, 2008; 79 FR 54602, Sept. 12, 2014; 81 FR
24733, Apr. 27, 2016; 84 FR 2728, Feb. 8, 2019; 88
FR 53735, Aug. 8, 2023]

§ 679.65 Bering Sea Chinook Salmon
Bycatch Management Program Economic Data Report (Chinook salmon EDR program).
(a) Requirements. NMFS developed the
regulations under this section to implement the Chinook salmon EDR program. Additional regulations that implement specific portions of the Chinook salmon EDR program are set out
under paragraphs (a)(1) through (4) of
this section:
(1) Daily fishing logbook (DFL), catcher vessel trawl gear. See § 679.5(c)(4).
(2) Electronic logbook (ELB), AFA and
CDQ trawl catcher/processors. See
§ 679.5(f) in combination with eLandings
pursuant to § 679.5(e).
(3)
IPA
Annual
Report.
See
§ 679.21(f)(13).
(4) AFA cooperative annual reporting
requirement. See § 679.61(f)(2).
(b) Chinook salmon PSC Compensated
Transfer Report (CTR). (1) An owner or
leaseholder of an AFA-permitted vessel
and the representative of any entity
that received an allocation of Chinook
salmon PSC from NMFS must submit a
CTR, Part 1, each calendar year, for
the previous calendar year.
(2) Any person who transferred Chinook salmon PSC allocation after January 20, and paid or received money for
the transfer, must submit a completed
CTR (Part 1 and Part 2) for the previous calendar year.
(3) The CTR is available through the
Internet on the NMFS Alaska Region
Web
site
at
http://
alaskafisheries.noaa.gov, or by contacting NMFS at (206) 526–6414.
(4) Beginning in 2013, and each year
thereafter, the completed CTR must be
submitted electronically on or before
1700, A.l.t., on June 1, following the instructions on the form.
(c) Vessel Fuel Survey. (1) An owner or
leaseholder of an AFA-permitted vessel
must submit all completed Vessel Fuel
Surveys for each vessel used to harvest

818

Fishery Conservation and Management
pollock in the Bering Sea in a given
year.
(2) The Vessel Fuel Survey is available through the Internet on the NMFS
Alaska Region Web site at http://
alaskafisheries.noaa.gov, or by contacting NMFS at (206) 526–6414.
(3) The owner or leaseholder annually
must submit a completed Vessel Fuel
Survey, electronically on or before
1700, A.l.t., on June 1, 2013, and each
year thereafter, following the instructions on the form.
(d) Vessel Master Survey. (1) For any
AFA-permitted vessel used to harvest
pollock in the Bering Sea in the previous year:
(i) The vessel master must complete
the Vessel Master Survey, and the Vessel Master certification following the
instructions on the form.
(ii) An owner or leaseholder must
complete the Vessel owner certification following instructions on the
form.
(iii) An owner or leaseholder must
submit all Vessel Master Surveys, and
each Vessel owner certification electronically on or before 1700, A.l.t., on
June 1, 2013, and each year thereafter,
following the instructions on the form.
(2) The Vessel Master Survey is available through the Internet on the NMFS
Alaska Region Web site at http://
alaskafisheries.noaa.gov, or by contacting NMFS at (206) 526–6414.
(e) Chinook salmon EDR verification
procedures. NMFS or the data collection
agent
(DCA)
will
conduct
verification of Chinook salmon EDR
information with the persons identified
at § 679.65(b)(1), (b)(2), (c)(1), (d)(1)(i),
and (d)(1)(ii).
(1)
The
persons
identified
at
§ 679.65(b)(1), (b)(2), (c)(1), (d)(1)(i), and
(d)(1)(ii) must respond to inquiries by
NMFS and its DCA for purposes of the
CTR, within 20 days of the date of
issuance of the inquiry.
(2) [Reserved].
[77 FR 5395, Feb. 3, 2012, as amended at 88 FR
7591, Feb. 6, 2023]

§ 679.66

AFA cost recovery.

(a) Cost recovery fee program for AFA—
(1) Who is responsible for submitting the
fee? (i) The person designated on the
AFA inshore cooperative permit as the

§ 679.66
designated representative at the time
of a Bering Sea pollock landing.
(ii) The person designated as the representative of the entity representing
the AFA catcher/processor sector under
§ 679.21(f)(8)(i)(C) at the time of a Bering Sea pollock landing.
(iii) The person designated as the representative of the AFA mothership cooperative at the time of a Bering Sea
pollock landing.
(2) Responsibility. (i) Subsequent
transfer of AFA permits held by cooperative members does not affect the
designated representative’s liability
for noncompliance with this section.
(ii) Changes in the membership in a
cooperative, such as members joining
or departing during the relevant year,
or changes in the holdings of AFA permits of those members do not affect
the designated representative’s liability for noncompliance with this section.
(3) Fee collection. Each designated
representative (as identified under
paragraph (a)(1) of this section) is responsible for submitting the cost recovery payment for all Bering Sea pollock landings debited against the AFA
cooperative’s or AFA sector’s AFA pollock fishery allocation.
(4) Payment—(i) Payment due date.
The designated representative (as identified under paragraph (a)(1) of this
section) must submit all AFA fee payment(s) to NMFS at the address provided in paragraph (a)(4)(iii) of this section no later than December 31 of the
calendar year in which the Bering Sea
pollock landings were made.
(ii) Payment recipient. Make electronic payment payable to NMFS.
(iii) Payment address. Submit payment and related documents as instructed on the fee submission form.
Payments must be made electronically
through the NMFS Alaska Region Web
site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will
be made available on both the payment
Web site and a fee liability summary
letter mailed to each designated representative.
(iv) Payment method. Payment must
be made electronically in U.S. dollars
by automated clearing house, credit
card, or electronic check drawn on a
U.S. bank account.

819

§ 679.66

50 CFR Ch. VI (10–1–23 Edition)

(b) AFA standard ex-vessel value determination and use—(1) General. A designated representative must use the
AFA standard price determined by
NMFS under paragraph (b)(2) of this
section.
(2) AFA standard price—(i) General.
Each year the Regional Administrator
will publish the AFA standard price in
the FEDERAL REGISTER by December 1
of the year in which the landings were
made. The AFA standard price will be
described in U.S. dollars per AFA pollock equivalent pound for Bering Sea
pollock landings made by AFA cooperative or AFA sector members during
the current calendar year.
(ii) Effective duration. The AFA standard price published by NMFS shall
apply to all Bering Sea pollock landings made by an AFA cooperative or
AFA sector member during the current
calendar year.
(iii) Determination. NMFS will calculate the AFA standard price to reflect, as closely as possible, the standard price of Bering Sea pollock landings based on information provided in
the COAR for the previous year, as described in § 679.5(p). The Regional Administrator will base the AFA standard
price on the following information:
(A) Landed pounds of Bering Sea pollock;
(B) Total ex-vessel value of Bering
Sea pollock; and
(C) Price adjustments, including retroactive payments.
(c) AFA fee percentages—(1) Established percentages. The AFA fee percentages are the amounts as determined by
the factors and methodology described
in paragraph (c)(2) of this section.
These amounts will be announced by
publication in the FEDERAL REGISTER
in accordance with paragraph (c)(3) of
this section. These amounts must not
exceed 3.0 percent pursuant to 16 U.S.C.
1854(d)(2)(B).
(2) Calculating fee percentage value.
Each year NMFS will calculate and
publish AFA fee percentages for AFA
inshore cooperatives, the AFA catcher/
processor
sector,
and
the
AFA
mothership cooperative according to
the following factors and methodology:
(i) Factors. NMFS will use the following factors to determine the fee percentages:

(A) The catch to which the AFA pollock cost recovery fee will apply;
(B) The ex-vessel value of that catch;
and
(C) The costs directly related to the
management, data collection, and enforcement of the AFA directed pollock
fisheries.
(ii) Methodology. NMFS will use the
following equations to determine the
AFA fee percentage: 100 × DPC/V,
where:
(A) DPC = the direct program costs
for the directed AFA pollock fisheries
for the most recent fiscal year (October
1 through September 30) with any adjustments to the account from payments received in the previous year.
(B) V = total of the standard ex-vessel value of the catch subject to the
AFA fee liability for the current year.
(iii) Direct program costs will be calculated separately for:
(A) AFA inshore cooperatives;
(B) The AFA catcher/processor sector; and
(C) The AFA mothership cooperative.
(3) Publication—(i) General. NMFS
will calculate and announce the AFA
fee percentages in a FEDERAL REGISTER
notice by December 1 of the year in
which the Bering Sea pollock landings
were made. AFA fee percentages will be
calculated separately for the AFA
inshore cooperatives, the AFA catcher/
processor
sector,
and
the
AFA
mothership cooperative. NMFS will
calculate the AFA fee percentages
based on the calculations described in
paragraph (c)(2) of this section.
(ii) Effective period. NMFS will apply
the calculated AFA fee percentages to
all Bering Sea directed pollock landings made between January 1 and December 31 of the current year.
(4) Applicable percentage. A designated
representative must use the AFA fee
percentage applicable at the time a
Bering Sea directed pollock landing is
debited from an AFA pollock fishery
allocation to calculate the AFA fee liability for any retroactive payments
for that landing.
(5) Fee liability determination. (i) Each
AFA inshore cooperative, the AFA
mothership cooperative, and the AFA
catcher/processor sector will be subject
to an AFA fee liability for any Bering

820

Fishery Conservation and Management
Sea pollock debited from its AFA pollock fishery allocation during a calendar year.
(ii) The AFA fee liability assessed to
an AFA inshore cooperative will be
based on the proportion of the AFA fee
liability of Bering Sea pollock debited
from that AFA inshore cooperative’s
AFA pollock fishery allocation relative
to all AFA inshore cooperatives during
a calendar year as determined by
NMFS.
(iii) The AFA fee liability assessed to
the AFA catcher/processor sector will
be based on the standard ex-vessel
value of Bering Sea pollock debited
from the sector’s AFA pollock fishery
allocation during a calendar year as determined by NMFS.
(iv) The AFA fee liability assessed to
the AFA mothership cooperative will
be based on the proportion of the
standard ex-vessel value of Bering Sea
pollock debited from the cooperative’s
AFA pollock fishery allocation during
a calendar year as determined by
NMFS.
(v) NMFS will provide a fee liability
summary letter to each designated representative by December 1 of each
year. The summary will explain the
AFA fee liability determination including the current fee percentage and details of Bering Sea pollock pounds debited from the AFA pollock fishery allocation by permit, species, date, and
prices.
(d) Underpayment of fee liability—(1)
No AFA inshore cooperative will receive its AFA pollock fishery allocation until the cooperative’s designated
representative submits full payment of
the cooperative’s AFA fee liability.
(2) The AFA mothership cooperative
will not receive its AFA pollock fishery
allocation until the cooperative’s designated representative submits full
payment of that cooperative’s AFA fee
liability.
(3) The AFA catcher/processor sector
will not receive its Bering Sea pollock
allocation until the entity’s designated
representative
defined
at
§ 679.21(f)(8)(i)(C) submits full payment
of the AFA fee liability at the time of
a Bering Sea pollock landing, except
the Regional Administrator may release to the AFA catcher/processor sector a portion of the AFA catcher/proc-

§ 679.66
essor sector’s Bering Sea pollock allocation that is equal to the portion of
the fee liability submitted by the entity’s designated representative.
(4) If the designated representative
fails to submit full payment for the
AFA fee liability by the date described
in paragraph (a)(4) of this section, the
Regional Administrator, at any time
thereafter, may send an IAD to the designated representative stating that the
estimated fee liability, based on the information submitted by the designated
representative, is the AFA fee liability
due from the designated representative.
(5) If the designated representative
fails to submit full payment for the
AFA fee liability by the date described
at paragraph (a)(4) of this section, the
Regional Administrator will not issue
a Bering Sea pollock allocation to that
AFA cooperative or AFA sector for the
following calendar year, except as provided in paragraph (d)(3) of this section.
(6) Upon final agency action determining that the designated representative has not submitted the AFA fee liability payment, the Regional Administrator may continue to not issue a
Bering Sea pollock allocation for that
AFA cooperative or AFA sector for any
subsequent calendar years until NMFS
receives the unpaid fees. If payment is
not received by the 30th day after the
final agency action, the agency may
pursue collection of the unpaid fees.
(e) Over payment. Upon issuance of
final agency action, payment submitted to NMFS in excess of the AFA
fee liability determined to be due by
the final agency action will be returned
to the designated representative unless
the designated representative requests
the agency to credit the excess amount
against a cooperative’s or sector’s future AFA fee liability.
(f) Appeals. The designated representative who receives an IAD for incomplete payment of an AFA fee liability
may appeal under the appeals procedures set out at 15 CFR part 906.
(g) Annual report. Each year, NMFS
will publish a report describing the
AFA Cost Recovery Fee Program.
[81 FR 168, Jan. 5, 2016]

821

§ 679.67

50 CFR Ch. VI (10–1–23 Edition)

§ 679.67 Aleutian Islands pollock cost
recovery.
(a) Cost recovery fee program for Aleutian Islands pollock—(1) Representative.
The person identified as the representative, designated by the Aleut Corporation, at the time of an Aleutian Islands
pollock landing is responsible for submitting all cost recovery fees.
(2) Fee collection. The designated representative (as identified under paragraph (a)(1) of this section) is responsible for submitting the cost recovery
payment for all Aleutian Islands pollock landings made under the authority of Aleut Corporation.
(3) Payment—(i) Payment due date.
The designated representative (as identified under paragraph (a)(1) of this
section) must submit all cost recovery
fee payment(s) to NMFS at the address
provided in paragraph (a)(3)(iii) of this
section no later than December 31 of
the calendar year in which the Aleutian Islands pollock landings were
made.
(ii) Payment recipient. Make electronic payment payable to NMFS.
(iii) Payment address. Submit payment and related documents as instructed on the fee submission form.
Payments must be made electronically
through the NMFS Alaska Region Web
site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will
be made available on both the payment
Web site and a fee liability summary
letter mailed to the designated representative of the Aleut Corporation.
(iv) Payment method. Payment must
be made electronically in U.S. dollars
by automated clearing house, credit
card, or electronic check drawn on a
U.S. bank account.
(b) Aleutian Islands pollock standard
ex-vessel value determination and use—(1)
General. The designated representative
of the Aleut Corporation must use the
Aleutian Islands pollock standard price
determined by NMFS under paragraph
(b)(2) of this section.
(2) Aleutian Islands pollock standard
price—(i) General. Each year the Regional Administrator will publish the
Aleutian Islands pollock standard price
in the FEDERAL REGISTER by December
1 of the year in which the landings
were made. The Aleutian Islands pollock standard price will be described in

U.S. dollars per Aleutian Islands pollock equivalent pound for Aleutian Islands pollock landings during the current calendar year.
(ii) Effective duration. The Aleutian
Islands pollock standard price published by NMFS shall apply to all Aleutian Islands pollock landings during
the current calendar year.
(iii) Determination. NMFS will calculate the Aleutian Islands pollock
standard price to reflect, as closely as
possible, the standard price of Aleutian
Islands pollock landings based on information provided in the COAR for the
previous year, as described in § 679.5(p).
The Regional Administrator will base
Aleutian Islands pollock standard price
on the following information:
(A) Landed pounds of Aleutian Islands pollock;
(B) Total ex-vessel value of Aleutian
Islands pollock; and
(C) Price adjustments, including retroactive payments.
(c) Aleutian Islands pollock fee percentage—(1) Established percentage. The
Aleutian Islands pollock fee percentage
is the amount as determined by the
factors and methodology described in
paragraph (c)(2) of this section. This
amount will be announced by publication in the FEDERAL REGISTER in accordance with paragraph (c)(3) of this
section. This amount must not exceed
3.0 percent pursuant to 16 U.S.C.
1854(d)(2)(B).
(2) Calculating fee percentage value.
Each year NMFS will calculate and
publish the fee percentage according to
the following factors and methodology:
(i) Factors. NMFS will use the following factors to determine the fee percentage:
(A) The catch to which the Aleutian
Islands pollock cost recovery fee will
apply;
(B) The ex-vessel value of that catch;
and
(C) The costs directly related to the
management, data collection, and enforcement of the Aleutian Islands directed pollock fishery.
(ii) Methodology. NMFS will use the
following equations to determine the
fee percentage: 100 × DPC/V, where:
(A) DPC = the direct program costs
for the Aleutian Islands directed pollock fishery for the most recent fiscal

822

Fishery Conservation and Management
year (October 1 through September 30)
with any adjustments to the account
from payments received in the previous
year.
(B) V = total of the standard ex-vessel value of the catch subject to the
Aleutian Islands pollock fee liability
for the current year.
(3) Publication—(i) General. NMFS
will calculate and announce the fee
percentage in a FEDERAL REGISTER notice by December 1 of the year in which
the Aleutian Islands pollock landings
were made. NMFS will calculate the
Aleutian Islands pollock fee percentage
based on the calculations described in
paragraph (c)(2) of this section.
(ii) Effective period. NMFS will apply
the calculated Aleutian Islands pollock
fee percentage to all Aleutian Islands
pollock landings made between January 1 and December 31 of the current
year.
(4) Applicable percentage. The designated representative must use the
Aleutian Islands pollock fee percentage
applicable at the time an Aleutian Islands pollock landing is debited from
the Aleutian Islands directed pollock
fishery allocation to calculate the
Aleutian Islands pollock fee liability
for any retroactive payments for that
pollock.
(5) Fee liability determination. (i) The
Aleut Corporation will be subject to a
fee for any Aleutian Islands pollock
debited from the Aleutian Islands directed pollock fishery allocation during a calendar year.
(ii) NMFS will provide a fee liability
summary letter to the Aleut Corporation by December 1 of each year. The
summary will explain the fee liability
determination including the current
fee percentage, and details of Aleutian
Islands pollock pounds debited from
the Aleutian Islands directed pollock
fishery allocation by permit, species,
date, and prices.
(d) Underpayment of fee liability—(1)
The Aleut Corporation will not receive
its Aleutian Islands directed pollock
fishery allocation until the Aleut Corporation’s designated representative
submits full payment of the Aleut Corporation’s cost recovery fee liability.
(2) If the Aleut Corporation’s designated representative fails to submit
full payment for Aleutian Islands pol-

§ 679.67
lock fee liability by the date described
in paragraph (a)(3) of this section, the
Regional Administrator may at any
time thereafter send an IAD to the
Aleut Corporation’s designated representative stating that the estimated
fee liability, based on the information
submitted by the designated representative, is the Aleutian Islands pollock
fee liability due from the Aleut Corporation.
(3) If the Aleut Corporation’s designated representative fails to submit
full payment by the Aleutian Islands
pollock fee liability payment deadline
described at paragraph (a)(3) of this
section, the Regional Administrator
will not issue the Aleutian Islands directed pollock fishery allocation to the
Aleut Corporation for that calendar
year.
(4) Upon final agency action determining that the Aleut Corporation has
not paid its Aleutian Islands pollock
fee liability, the Regional Administrator may continue to not issue the
Aleutian Islands directed pollock fishery allocation for any subsequent calendar years until NMFS receives the
unpaid fees. If payment is not received
by the 30th day after the final agency
action, the agency may pursue collection of the unpaid fees.
(e) Over payment. Upon issuance of
final agency action, payment submitted to NMFS in excess of the Aleutian Islands pollock fee liability determined to be due by the final agency action will be returned to the Aleut Corporation unless its designated representative requests the agency to
credit the excess amount against the
cooperative’s future Aleutian Islands
pollock fee liability.
(f) Appeals. A representative of the
Aleut Corporation who receives an IAD
for incomplete payment of an Aleutian
Islands pollock fee may appeal under
the appeals procedures set out at 15
CFR part 906.
(g) Annual report. Each year, NMFS
will publish a report describing the
Aleutian Islands Pollock Cost Recovery Fee Program.
[81 FR 170, Jan. 5, 2016]

823

§ 679.80

50 CFR Ch. VI (10–1–23 Edition)

Subpart G—Rockfish Program
SOURCE: 76 FR 81277, Dec. 27, 2011, unless
otherwise noted.

§ 679.80 Allocation and transfer of
rockfish QS.
Additional regulations that implement specific portions of the Rockfish
Program are set out under: § 679.2 Definitions, § 679.4 Permits, § 679.5 Recordkeeping and reporting, § 679.7 Prohibitions, § 679.20 General limitations,
§ 679.21 Prohibited species bycatch management, § 679.28 Equipment and operational requirements, and § 679.50
Groundfish Observer Program.
(a) Applicable areas and seasons—(1)
Applicable areas. The Rockfish Program
applies to Rockfish Program fisheries
in the Central GOA Regulatory Area.
(2) [Reserved]
(3) Seasons. The following fishing seasons apply to fishing under this subpart
subject to other provisions of this part:
(i) Rockfish entry level longline fishery.
Fishing by vessels participating in the
rockfish entry level longline fishery is
authorized from 0001 hours, A.l.t., January 1 through 1200 hours, A.l.t., November 15.
(ii) Rockfish cooperative. Fishing by
vessels participating in a rockfish cooperative is authorized from 1200 hours,
A.l.t., May 1 through 1200 hours, A.l.t.,
November 15.
(b) Rockfish legal landings—(1) Eligible
LLP licenses. NMFS will assign rockfish
legal landings to an LLP license only if
a vessel made those landings:
(i) Under the authority of a permanent fully transferable LLP license endorsed for Central GOA groundfish
with a trawl gear designation during
the season dates for a rockfish primary
species as established in Table 28a to
this part;
(ii) Under the authority of an interim
LLP license endorsed for Central GOA
groundfish with a trawl gear designation during the season dates for that
rockfish primary species as established
in Table 28a to this part; provided that:
(A) NMFS has determined that an interim LLP license is ineligible to receive a designation as a permanent
LLP license endorsed for Central GOA
groundfish with a trawl gear designation; and

(B) A permanent fully transferable
LLP license endorsed for Central GOA
groundfish with a trawl gear designation was assigned to the vessel that
made legal rockfish landings under the
authority of an interim LLP license
endorsed for Central GOA groundfish
prior to December 31, 2003, and was
continuously assigned to that vessel
through June 14, 2010; or
(iii) Under the authority of a permanent fully transferable LLP license endorsed for Central GOA groundfish
with a trawl gear designation during
the season dates for the entry level
trawl fishery in 2007, 2008, or 2009 for a
rockfish primary species as established
in Table 28b to this part.
(2) Assigning rockfish legal landings to
an LLP license. (i) NMFS will assign
rockfish legal landings to an LLP license only if the holder of the LLP license with those landings submits a
timely application for Rockfish QS, in
paragraph (d) of this section, that is
approved by NMFS.
(ii) NMFS will assign rockfish legal
landings made under the authority of
an interim LLP license that meets the
requirements in paragraph (b)(1)(ii) of
this section, to the permanent fully
transferable LLP license specified in
paragraph (b)(1)(ii)(B) of this section.
NMFS will not assign any legal rockfish landings made under the authority
of the permanent fully transferable
LLP license specified in paragraph
(b)(1)(ii)(B) of this section prior to the
date that permanent fully transferable
LLP license was assigned to the vessel
that made legal rockfish landings
under the authority of an interim LLP
license specified in paragraph (b)(1)(i)
of this section.
(3) Rockfish landings assigned to the
catcher/processor sector. A rockfish legal
landing for a rockfish primary species
is assigned to the catcher/processor
sector if:
(i) The rockfish legal landings of that
rockfish primary species were harvested and processed onboard a vessel
during the season dates for that rockfish primary species as established in
Table 28a to this part; and
(ii) The rockfish legal landings were
made under the authority of an eligible
LLP license that is endorsed for Central GOA groundfish fisheries with

824

Fishery Conservation and Management
trawl gear with a catcher/processor
designation.
(4) Rockfish legal landings assigned to
the catcher vessel sector. A rockfish legal
landing for a rockfish primary species
is assigned to the catcher vessel sector
if:
(i) The rockfish legal landings of that
rockfish primary species were harvested and not processed onboard a vessel during the season dates for that
rockfish primary species as established
under Table 28a or 28b to this part; and
(ii) The rockfish legal landings were
made under the authority of an eligible
LLP license that is endorsed for Central GOA groundfish fisheries with
trawl gear.
(c) Rockfish Program official record
—(1) Use of the Rockfish Program official
record. The Rockfish Program official
record will contain information used
by the Regional Administrator to determine:
(i) The amount of rockfish legal landings assigned to an LLP license;
(ii) The amount of rockfish QS resulting from rockfish legal landings assigned to an LLP license held by a
rockfish eligible harvester;
(iii) Rockfish sideboard ratios assigned to an LLP license;
(iv) Eligibility to participate in the
Rockfish Program and assign specific
harvest privileges to Rockfish Program
participants.
(2) Presumption of correctness. The
Rockfish Program official record is
presumed to be correct. An applicant
to participate in the Rockfish Program
has the burden to prove otherwise. For
the purposes of creating the Rockfish
Program official record, the Regional
Administrator will presume the following:
(i) An LLP license has been used onboard the same vessel from which that
LLP license was derived during the calendar years 2000 and 2001, unless clear
and unambiguous written documentation is provided that establishes otherwise.
(ii) If more than one person is claiming the same rockfish legal landing,
then each LLP license for which the
rockfish legal landing is being claimed
will receive an equal division of credit
for the landing unless the applicants
can provide written documentation

§ 679.80
that establishes an alternative means
for distributing the catch history to
the LLP licenses.
(3) Documentation. Only rockfish legal
landings, as defined in § 679.2, shall be
used to establish an allocation of rockfish QS.
(4) Non-severability of rockfish legal
landings. Rockfish legal landings are
non-severable from the LLP license to
which those rockfish legal landings are
assigned according to the Rockfish
Program official record.
(d) Application for rockfish QS—(1)
Submission of application for rockfish QS.
A person who wishes to receive rockfish QS to participate in the Rockfish
Program as a rockfish eligible harvester must submit a timely and complete Application for Rockfish Quota
Share. This application may only be
submitted to NMFS using the methods
described on the application.
(2) Forms. Forms are available
through the Internet on the NMFS
Alaska Region Web site at http://
alaskafisheries.noaa.gov, or by contacting NMFS at (800) 304–4846, Option
2.
(3) Deadline. (i) A completed Application for Rockfish Quota Share must be
received by NMFS no later than 1700
hours, A.l.t., on January 17, 2012, or if
sent by U.S. mail, postmarked by that
time. For applications delivered by
hand delivery or carrier only, the receiving date of signature by NMFS
staff is the date the application was received. If the application is submitted
by facsimile, the receiving date of the
application is the date stamped received by NMFS.
(ii) Objective written evidence of
timely application will be considered
proof of a timely application.
(4) Contents of application. A completed application must contain the information specified on the Application
for Rockfish Quota Share identifying
the applicant and LLP license numbers, with all applicable fields accurately filled-in and all required documentation attached.
(i) Additional documentation. (A) Vessel names, ADF&G vessel registration
numbers, and USCG documentation
numbers of all vessels that fished under
the authority of each LLP license, including dates when landings were made

825

§ 679.80

50 CFR Ch. VI (10–1–23 Edition)

under the authority of an LLP license
for 2000 and 2001;
(B) Indicate (YES or NO) if the applicant is applying to participate in the
Rockfish Program based on rockfish
legal landings made during the rockfish entry level trawl fishery in 2007,
2008, or 2009; and,
(C) For an applicant who holds an
LLP license that made rockfish legal
landings during the fishery seasons established in Table 28a to this part and
during the entry level trawl fishery
during 2007, 2008, or 2009 established in
Table 28b to this part, indicate whether
you wish to receive rockfish QS based
on rockfish legal landings during the
fishery seasons established in Table 28a
or Table 28b to this part.
(ii) Exclusion from Rockfish Program
for LLP licenses with rockfish legal landings. A person who holds an LLP license that made rockfish legal landings during the fishery seasons established in Table 28a to this part and during the entry level trawl fishery during
2007, 2008, or 2009 established in Table
28b to this part may choose to be excluded from the Rockfish Program and
not receive rockfish QS. A person must
submit an Application for Rockfish QS
affirming exclusion from the Rockfish
Program and forgo all rockfish QS.
(iii) Applicant signature and certification. The applicant must sign and
date the application certifying that all
information is true, correct, and complete to the best of his or her knowledge and belief. If the application is
completed by a designated representative, then explicit authorization signed
by the applicant must accompany the
application.
(5) Application evaluation. The Regional Administrator will evaluate applications received as specified in paragraph (d)(4) of this section and compare
all claims in an application with the
information in the Rockfish Program
official record. Application claims that
are consistent with information in the
Rockfish Program official record will
be approved by the Regional Administrator. Application claims that are inconsistent with the Rockfish Program
official record, unless verified by sufficient documentation, will not be approved. An applicant who submits inconsistent claims, or an applicant who

fails to submit the information specified in paragraph (d)(4) of this section,
will be provided a single 30-day evidentiary period 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
Rockfish Program official record. An
applicant who submits claims that are
inconsistent with information in the
Rockfish Program official record has
the burden of proving that the submitted claims are correct. Any claims
that remain inconsistent or that are
not accepted after the 30-day evidentiary period will be denied, and the
applicant will be notified by an initial
administrative determination (IAD) of
his or her appeal rights under § 679.43.
(6) Appeals. If an applicant is notified
by an IAD that claims made by the applicant have been denied, that applicant may appeal that IAD under the
provisions in § 679.43.
(e) Assigning rockfish QS—(1) General.
The Regional Administrator will assign
rockfish QS only to a person who submits a timely application for rockfish
QS that is approved by NMFS based on:
(i) The amount of rockfish legal landings assigned to an LLP license as established in paragraph (e)(2) of this section; or
(ii) The number of years during
which a person made a rockfish legal
landing to an entry level processor
under the authority of an LLP license
in the entry level trawl fishery during
2007, 2008, or 2009 as established in paragraph (e)(3) of this section.
(2) Calculation of rockfish QS allocation
for LLP licenses. Based on the Rockfish
Program official record, the Regional
Administrator shall determine the initial allocation of rockfish QS for each
rockfish primary species assigned to
each LLP license indicated on a timely
and complete Application for Rockfish
QS that is approved by NMFS, and that
qualifies for an allocation of QS based
on rockfish legal landings from 2000 to
2006 (and that is not assigned rockfish
QS under the entry level trawl fishery
transition allocation under the provisions in paragraph (e)(3) of this section), according to the following procedure:

826

Fishery Conservation and Management
(i) Sum the rockfish legal landings
for each rockfish primary species ‘‘s’’
for each eligible LLP license ‘‘l’’ for
each year during the fishery seasons
established in Table 28a to this part.
For purposes of this calculation, the
Regional Administrator will not assign
any amount of rockfish legal landings
to an LLP license that is assigned
rockfish QS under the provisions in
paragraph (e)(3) of this section. This
yields the Rockfish Total Catch for
each rockfish primary species for each
year.
(ii) For each rockfish primary species, sum the highest 5 years of Rockfish Total Catch for each eligible LLP
license described under paragraph
(e)(2)(i) of this section. This yields the
Highest 5 Yearsls. This amount is equal
to the number of rockfish QS units for
that LLP license for that rockfish primary species.
(iii) Sum the Highest 5 Yearsls in
paragraph (e)(2)(ii) of this section of all
eligible LLP licenses for each rockfish
primary species. The result is the
èHighest 5 Yearsls (or All Highest 5
Yearss).
(3) Calculation of rockfish QS allocation
for LLP licenses that receive rockfish QS
under the entry level trawl fishery transition allocation. Based on the Rockfish
Program official record, the Regional
Administrator shall determine the initial allocation of rockfish QS for each
rockfish primary species assigned to
each LLP license indicated on a timely
and complete Application for Rockfish
QS that is approved by NMFS, that
qualifies for an allocation of QS based
on rockfish legal landings from 2007,
2008, or 2009 under the entry level trawl
fishery transition allocation (and that
is not assigned rockfish QS under the
provisions in paragraph (e)(2) of this
section), according to the following
procedure:
(i) Assign one Rockfish Landing Unit
to an LLP license for each year a rockfish legal landing of any rockfish primary species was made to an entry
level processor under the authority of
an LLP license during the season dates
for the entry level trawl fishery in 2007,
2008, or 2009 as established in Table 28b
to this part. This yields the Rockfish
Landing Units.l For purposes of this
calculation, the Regional Adminis-

§ 679.80
trator will not assign any Rockfish
Landing Units to an LLP license that
is assigned rockfish QS under the provisions in paragraph (e)(2) of this section.
(ii) Sum the Rockfish Landing Units
of all eligible LLP licenses.
(iii) Divide the Rockfish Landing
Unitsl in paragraph (e)(3)(i) of this section for an LLP license by the sum of
all Rockfish Landing Unitsl of all eligible LLP licenses in paragraph (e)(3)(ii)
of this section. The result is the Percentage of the Total Entry Level Trawl
Fishery Transition Rockfish QS Pooll
as presented in the following equation:
Rockfish Landing Unitsl/S Rockfish
Landing Unitsl = Percentage of the
Total Entry Level Trawl Fishery
Transition Rockfish QS pooll.
(iv) Determine the Total Entry Level
Trawl Fishery Transition Rockfish QS
pool for each rockfish primary species
‘‘s’’ as presented in the following equation:
(S All Highest 5 Yearss/0.975) ¥S All
Highest 5 Yearss (as calculated in
paragraph (e)(2)(iii) of this section)
= Total Entry Level Trawl Fishery
Transition Rockfish QS pools.
(v) Multiply the Percentage of the
Total Entry Level Trawl Fishery Transition Rockfish QS pool for each LLP
license, as calculated in paragraph
(e)(3)(iii) of this section, by the Total
Entry Level Trawl Fishery Transition
Rockfish QS pool for each rockfish primary species, as calculated in paragraph (e)(3)(iv) of this section. This
yields the number of rockfish QS units
for that LLP license for that rockfish
primary species.
(vi) All rockfish QS units calculated
in paragraph (e)(3)(v) of this section
are assigned to the catcher vessel sector.
(4) Rockfish initial QS pool. The rockfish initial QS pool for each rockfish
primary species, and for each sector, is
equal to the sum of all QS units assigned to LLP licenses, and in each sector, as calculated under paragraphs
(e)(2) and (e)(3) of this section as of
February 14, 2012.
(5) Non-severability of rockfish QS from
an LLP license. Rockfish QS assigned to
an LLP license is non-severable from

827

§ 679.81

50 CFR Ch. VI (10–1–23 Edition)

that LLP license, except as provided
for under § 679.80(f)(2).
(f) Transfer of rockfish QS—(1) Transfer of rockfish QS. A person may transfer an LLP license, and any rockfish
QS assigned to that LLP license under
the provisions in § 679.4(k)(7), provided
that the LLP license is not assigned
rockfish QS in excess of the use cap
specified in § 679.82(a)(2) at the time of
transfer.
(2) Transfer of rockfish QS assigned to
LLP licenses that exceeds rockfish QS use
caps. (i) If an LLP license is assigned
an initial allocation of aggregate rockfish QS that exceeds a use cap specified
in § 679.82(a)(2), the LLP license holder
may transfer rockfish QS in excess of
the use cap specified in § 679.82(a)(2)
separate from that LLP license and assign it to one or more LLP licenses.
However, a transfer may not be approved by NMFS if that transfer would
cause the receiving LLP license to exceed a use cap specified in § 679.82(a)(2).
(ii) Prior to the transfer of an LLP license that is assigned an initial allocation of aggregate rockfish QS that exceeds
a
use
cap
specified
in
§ 679.82(a)(2), the LLP license holder
must transfer the rockfish QS that is
in excess of the use cap specified in
§ 679.82(a)(2), separate from that LLP license, and assign it to one or more
LLP licenses under paragraph (f)(2)(i)
of this section. On completion of the
transfer of QS, the LLP license that
was initially allocated an amount of
aggregate rockfish QS in excess of the
use cap may not exceed the use cap
specified in § 679.82(a)(2).
(iii) Any rockfish QS associated with
the LLP license that is in excess of the
use cap may be transferred only if
Block C of the Application for Transfer
License Limitation Program Groundfish/Crab License is filled out entirely.
(iv) Rockfish QS may only be transferred to an LLP license that has been
assigned rockfish QS with the same
sector designation as the rockfish QS
to be transferred.
(v) Rockfish QS that is transferred
from an LLP license that was initially
allocated an amount of aggregate rockfish QS in excess of the use cap specified in § 679.82(a)(2) and assigned to an-

other LLP license may not be severed
from the receiving LLP license.
[76 FR 81277, Dec. 27, 2011; 77 FR 38014, June
26, 2012, as amended at 86 FR 11904, Mar. 1,
2021; 86 FR 14855, Mar. 19, 2021]

§ 679.81 Rockfish Program annual harvester privileges.
(a) Sector and LLP license allocations
of rockfish primary species—(1) General.
Each calendar year, the Regional Administrator will determine the tonnage
of rockfish primary species that will be
assigned to participants in a rockfish
cooperative. This amount will be assigned to rockfish cooperatives as described in paragraph (b) of this section.
(2) Calculation. (i) The amount of
rockfish primary species ‘‘s’’ allocated
to the Rockfish Program is calculated
by deducting the incidental catch allowance the Regional Administrator
determines is required on an annual
basis in other non-target fisheries from
the TAC. The remaining TAC for that
rockfish primary species (TACs) is assigned for use by the rockfish entry
level longline fishery and rockfish cooperatives.
(ii) The allocation of TACs for each
rockfish primary species to the rockfish entry level longline fishery is established in Table 28e to this part.
(iii) The allocation of TACs to rockfish cooperatives is equal to the
amount remaining after allocation to
the rockfish entry level longline fishery (cooperative TACs).
(b) Allocations of rockfish primary species CQ to rockfish cooperatives—(1)
Rockfish primary species TACs assigned to
the catcher/processor and catcher vessel
sector. Cooperative TACs assigned for a
rockfish primary species will be divided between the catcher/processor
sector and the catcher vessel sector.
Each sector will receive a percentage
of cooperative TACs for each rockfish
primary species equal to the sum of the
rockfish QS units assigned to all LLP
licenses that receive rockfish QS in
that sector divided by the rockfish QS
pool for that rockfish primary species.
Expressed algebraically for each rockfish primary species ‘‘s’’ in paragraphs
(b)(1)(i) and (ii) of this section:
(i) Catcher/Processor Sector TACs =
[(Cooperative TACs) × (Rockfish QS

828

Fishery Conservation and Management
Units in the Catcher/Processor Sectors/
Rockfish QS Pools)].
(ii) Catcher Vessel Sector TACs =
[(Cooperative TACs) × (Rockfish QS
Units in the Catcher Vessel Sectors/
Rockfish QS Pools)].
(2) Allocations of rockfish primary species to rockfish cooperatives. TAC is assigned to each rockfish cooperative
based on the rockfish QS assigned to
that fishery in each sector according to
the following procedures:
(i) Catcher vessel sector rockfish cooperatives. The amount of TACs for each
rockfish primary species assigned to a
catcher vessel rockfish cooperative is
equal to the amount of rockfish QS
units assigned to that rockfish cooperative divided by the total rockfish QS
assigned to rockfish cooperatives in
the catcher vessel sector multiplied by
the catcher vessel TACs. Once TACs for
a rockfish primary species is assigned
to a catcher vessel rockfish cooperative, it is issued as CQ specific to that
rockfish cooperative. The amount of
CQ for each rockfish primary species
that is assigned to a rockfish cooperative is expressed algebraically as follows:
CQs = [(Catcher Vessel Sector TACs) ×
(Rockfish QS assigned to that rockfish cooperatives/Rockfish QS Units
assigned to all rockfish cooperatives in the Catcher Vessel Sectors)].
(ii) Catcher/processor sector rockfish cooperatives. The amount of TACs for each
rockfish primary species assigned to a
catcher/processor rockfish cooperative
is equal to the amount of rockfish QS
units assigned to that rockfish cooperative divided by the sum of the rockfish QS units assigned to rockfish cooperatives in the catcher/processor sector multiplied by the catcher/processor
TACs. Once TAC for a rockfish primary
species is assigned to a catcher/processor rockfish cooperative, it is issued
as CQ specific to that rockfish cooperative.
The amount of CQ for each rockfish
primary species that is assigned to a
rockfish cooperative is expressed algebraically as follows:
CQ = [(Catcher/Processor Sector TACs)
× (Rockfish QS Units assigned to
that rockfish cooperative/Rockfish
QS Units assigned to all rockfish

§ 679.81
cooperatives in the Catcher/Processor Sector)].
(c) Allocations of rockfish secondary
species CQ to rockfish cooperatives—(1)
General. Each calendar year, the Regional Administrator will determine
the tonnage of rockfish secondary species that may be assigned to the rockfish cooperatives as rockfish CQ. This
amount will be assigned to the rockfish
cooperatives in the catcher/processor
sector and the catcher vessel sector.
(2) Amount of rockfish secondary species tonnage assigned. The amount of
rockfish secondary species tonnage
that may be assigned to the catcher/
processor sector and the catcher vessel
sector is specified in Table 28c to this
part.
(3) Assignment of rockfish secondary
species. Rockfish secondary species will
be assigned only to rockfish cooperatives.
(4) Determining the amount of rockfish
secondary species CQ assigned to a rockfish cooperative. The amount of CQ for
each rockfish secondary species that is
assigned to each rockfish cooperative
is determined according to the following procedures:
(i) CQ assigned to rockfish cooperatives
in the catcher/processor sector. The CQ
for a rockfish secondary species that is
assigned to a catcher/processor rockfish cooperative is equal to the amount
of that rockfish secondary species allocated to the catcher/processor sector in
the Rockfish Program as specified in
Table 28c to this part, multiplied by
the sum of the rockfish QS units for all
rockfish primary species assigned to
that catcher/processor rockfish cooperative divided by the sum of the rockfish QS units assigned to rockfish cooperatives for all rockfish primary species in the catcher/processor sector.
Expressed algebraically in the following equation:
CQ for that Secondary Species = Amount of
that rockfish secondary species allocated
to the catcher/processor sector in the
Rockfish Program × (S Rockfish QS units
for all rockfish primary species assigned
to that rockfish cooperative/S Rockfish
QS units for all rockfish primary species
assigned to all rockfish cooperatives in
the catcher/processor sector).

(ii) CQ assigned to rockfish cooperatives
in the catcher vessel sector. The CQ for a

829

§ 679.81

50 CFR Ch. VI (10–1–23 Edition)

rockfish secondary species that is assigned to a catcher vessel rockfish cooperative is equal to the amount of
that rockfish secondary species allocated to the catcher vessel sector in
the Rockfish Program as specified in
Table 28c to this part, multiplied by
the sum of the rockfish QS units for all
rockfish primary species assigned to
that catcher vessel rockfish cooperative divided by the sum of the rockfish
QS units assigned to rockfish cooperatives for all rockfish primary species in
the catcher vessel sector. Expressed algebraically in the following equation:
CQ for that Secondary Species = Amount of
that rockfish secondary species allocated
to the catcher vessel sector in the Rockfish Program × (S Rockfish QS units for
all rockfish primary species assigned to
that rockfish cooperative/S Rockfish QS
units assigned to all rockfish cooperatives for all rockfish primary species in
the catcher vessel sector).

(d) Allocations of rockfish halibut PSC
CQ to rockfish cooperatives—(1) General.
Each calendar year, the Regional Administrator will determine the tonnage
of rockfish halibut PSC that will be assigned to the Rockfish Program. This
amount will be allocated appropriately
to the catcher/processor sector and the
catcher vessel sector. The tonnage of
rockfish halibut PSC assigned to a sector will be further assigned as CQ only
to rockfish cooperative(s) within that
sector.
(2) Amount of halibut PSC that may be
assigned. (i) The amount of halibut PSC
that may be assigned to the catcher
vessel and catcher/processor sectors is
specified in Table 28d to this part.
(ii) The amount of halibut PSC that
is not assigned to the catcher vessel
and catcher/processor sectors as specified in Table 28d to this part will not be
assigned for use as halibut PSC or as
halibut IFQ.
(3) Use of rockfish halibut PSC by a
rockfish eligible harvester. (i) Rockfish
halibut PSC assigned to a sector will
be assigned only to rockfish cooperatives within that sector.
(ii) Rockfish halibut PSC specified in
Table 28d is not assigned to rockfish
opt-out vessels.
(iii) Rockfish halibut PSC specified
in Table 28d is not assigned to the
rockfish entry level longline fishery.

(4) Determining the amount of rockfish
halibut PSC CQ assigned to a rockfish cooperative. The amount of rockfish halibut PSC CQ that is assigned to each
rockfish cooperative is determined according to the following procedures:
(i) CQ assigned to rockfish cooperatives
in the catcher/processor sector. The CQ
for halibut PSC that is assigned to a
catcher/processor rockfish cooperative
is equal to the amount of halibut PSC
allocated to the catcher/processor sector in the Rockfish Program as specified in Table 28d to this part, multiplied by the sum of the rockfish QS
units for all rockfish primary species
assigned to that catcher/processor
rockfish cooperative divided by the
sum of the rockfish QS units assigned
to rockfish cooperatives for all rockfish primary species in the catcher/
processor sector. This is expressed algebraically in the following equation:
CQ for rockfish halibut PSC = Amount halibut PSC allocated to the catcher/processor sector in the Rockfish Program × (S
Rockfish QS units assigned to that rockfish cooperative/S Rockfish QS units assigned to all rockfish cooperatives in the
catcher/processor sector).

(ii) CQ assigned to rockfish cooperatives
in the catcher vessel sector. The CQ for
halibut PSC that is assigned to a
catcher vessel rockfish cooperative is
equal to the amount of halibut PSC allocated to the catcher vessel sector in
the Rockfish Program as specified in
Table 28d to this part, multiplied by
the sum of the rockfish QS units for all
rockfish primary species assigned to
that catcher vessel rockfish cooperative divided by the sum of the rockfish
QS units assigned to rockfish cooperatives for all rockfish primary species in
the catcher vessel sector. This is expressed algebraically in the following
equation:
CQ for rockfish halibut PSC = Amount halibut PSC allocated to the catcher vessel
sector in the Rockfish Program × (S
Rockfish QS units assigned to that rockfish cooperative/S Rockfish QS units assigned to all rockfish cooperatives in the
catcher vessel sector).

(e) Assigning rockfish QS to a rockfish
cooperative—(1) General. Each calendar
year, a person that is participating in
the Rockfish Program may assign an

830

Fishery Conservation and Management
LLP license and the rockfish QS assigned to that LLP license to a Rockfish cooperative. A rockfish eligible
harvester assigns rockfish QS to a
rockfish cooperative on a complete application for CQ that is approved by
NMFS and that meets the requirements of paragraph (f) of this section.
(i) An LLP license and rockfish QS
may be assigned to a catcher vessel cooperative if that rockfish QS is derived
from legal rockfish landings assigned
to the catcher vessel sector.
(ii) An LLP license and rockfish QS
may be assigned to a catcher/processor
cooperative if that rockfish QS is derived from rockfish legal landings assigned to the catcher/processor sector.
(2) Catcher/Processor opt-out. Each calendar year, a person holding an LLP license assigned rockfish QS in the
catcher/processor sector may opt-out of
participating in a rockfish cooperative.
NMFS will presume a person has optedout of participating in a rockfish cooperative if that person and LLP license
with rockfish QS is not named on a
timely submitted Annual Application
for Cooperative Fishing Quota. A person may not assign an LLP license assigned rockfish QS in the catcher/processor sector to both a rockfish cooperative and opt-out of participating in a
rockfish cooperative.
(f) Annual Application for the Rockfish
Program—(1) Application for Rockfish Cooperative Fishing Quota (CQ). If a designated rockfish cooperative representative submits a complete and timely
application that is approved by NMFS,
the cooperative will receive a CQ permit. The CQ permit will list the
amount of CQ, by rockfish primary species, rockfish secondary species, and
halibut PSC held by the rockfish cooperative, the members of the rockfish
cooperative, LLP licenses assigned to
that rockfish cooperative, and the vessels that are authorized to harvest fish
under that CQ permit. This application
may only be submitted to NMFS using
the methods described on the application.
(2) Application forms. Application
forms are available on the NMFS Alaska
Region
Web
site
at
http://
alaskafisheries.noaa.gov, or by contacting NMFS at (800) 304–4846, Option
2.

§ 679.81
(3) Deadline. (i) A completed application must be received by NMFS no
later than 1700 hours, A.l.t., on March
15, 2012, for the first year of the program and March 1 for all subsequent
years, or if sent by U.S. mail, the application must be postmarked by that
time. For applications delivered by
hand delivery or carrier only, the receiving date of signature by NMFS
staff is the date the application was received. If the application is submitted
by facsimile, the receiving date of the
application is the date stamped received by NMFS.
(ii) Objective written evidence of
timely application will be considered
as proof of a timely application.
(4) Contents of the Application. A completed application must contain the information specified on the Application
for Rockfish Cooperative Fishing
Quota identifying the rockfish cooperative, members of the cooperative, and
processor associate of a catcher vessel
rockfish cooperative, with all applicable fields accurately filled-in and all
required documentation attached.
(i) Additional documentation. For the
cooperative application to be considered complete, the following documents must be attached to the application:
(A) A copy of the business license
issued by the state in which the rockfish cooperative is registered as a business entity;
(B) A copy of the articles of incorporation or partnership agreement of the
rockfish cooperative;
(C) Provide the names of all persons,
to the individual level, holding an ownership interest in the LLP license and
the percentage ownership each person
and individual holds in the LLP license;
(D) A copy of the rockfish cooperative agreement signed by the members
of the rockfish cooperative (if different
from the articles of incorporation or
partnership agreement of the rockfish
cooperative) that includes terms that
specify that:
(1) Rockfish QS holders affiliated
with rockfish processors cannot participate in price setting negotiations
except as permitted by general antitrust law;

831

§ 679.81

50 CFR Ch. VI (10–1–23 Edition)

(2) The rockfish cooperative must establish a monitoring program sufficient to ensure compliance with the
Rockfish Program;
(3) [Reserved]
(4) Terms and conditions to specify
the obligations of rockfish QS holders
who are members of the rockfish cooperative to ensure the full payment of
rockfish cost recovery fees that may be
due.
(ii) Applicant signature and certification. The applicant, including the
processor associate of the rockfish cooperative, must sign and date the application certifying that all information is true, correct, and complete to
the best of his or her knowledge and
belief. If the application is completed
by a designated representative, then
explicit authorization signed by the applicant must accompany the application.
(5) Issuance of CQ. NMFS will not
issue a CQ permit if an application is
not complete and approved by NMFS.
Issuance by NMFS of a CQ permit is
not a determination that the rockfish
cooperative is formed or is operating in
compliance with antitrust law.
(6) LLP licenses and rockfish QS not
designated on a timely and complete application for rockfish CQ. NMFS will
prohibit any LLP licenses with rockfish QS assigned to that LLP license
from fishing in the directed rockfish
primary fisheries in the Central GOA
for a calendar year if that LLP license
is not designated on a timely and complete application for CQ for that calendar year that is approved by NMFS.
Rockfish sideboard provisions described in § 679.82 shall apply to that
LLP license, as applicable.
(g) Application for inter-cooperative
transfer of cooperative quota (CQ)—(1)
Completed application. NMFS will process an application for inter-cooperative
transfer of CQ provided that an electronic online transfer application is
completed by the transferor and transferee, with all applicable fields accurately filled-in.
(2) Certification of transferor. (i) The
transferor’s designated representative
must log into NMFS’ online system
and create a transfer request as indicated on the computer screen. By using
the transferor’s NMFS ID, password,

and Transfer Key and submitting the
transfer request, the designated representative certifies that all information is true, correct, and complete.
(ii) The transferee’s designated representative must log into the online
system and accept the transfer request.
By using the transferee’s NMFS ID,
password, and Transfer Key, the designated representative certifies that
all information is true, correct, and
complete.
(h) Maximum retainable amount (MRA)
limits—(1) Rockfish cooperative. A vessel
assigned to a rockfish cooperative and
fishing under a CQ permit may harvest
groundfish species not allocated as CQ
up to the amounts of the MRAs for
those species as established in Table 30
to this part.
(2) Opt-out vessels. A rockfish eligible
harvester who opted-out of participating in a rockfish cooperative is subject to MRAs for rockfish primary species and rockfish secondary species as
established in Table 10 to this part.
(3) Rockfish entry level longline fishery.
A person directed fishing in the rockfish entry level longline fishery may
harvest groundfish species other than
rockfish primary species up to amounts
of the MRAs for those species as established in Table 10 to this part.
(4) Maximum retainable amount (MRA)
calculation and limits—catcher vessels. (i)
The MRA for groundfish species not allocated as CQ (incidental catch species)
for vessels fishing under the authority
of a CQ permit is calculated as a proportion of the total allocated rockfish
primary species and rockfish secondary
species on board the vessel in round
weight equivalents using the retainable
percentage in Table 30 to this part; except that—
(ii) Once the amount of shortraker
rockfish harvested in the catcher vessel sector is equal to 9.72 percent of the
shortraker rockfish TAC in the Central
GOA regulatory area, then shortraker
rockfish may not be retained by any
participant in the catcher vessel sector
while fishing under the authority of a
CQ permit.
(5) Maximum retainable amount (MRA)
calculation and limits—catcher/processor
vessels. The MRA for groundfish species
not allocated as CQ (incidental catch
species) for vessels fishing under the

832

Fishery Conservation and Management
authority of a CQ permit is calculated
as a proportion of the total allocated
rockfish primary species and rockfish
secondary species on board the vessel
in round weight equivalents using the
retainable percentage in Table 30 to
this
part
as
determined
under
§ 679.20(e)(3)(iv).
(i) Rockfish cooperative—(1) General.
This section governs the formation and
operation of rockfish cooperatives. The
regulations in this section apply only
to rockfish cooperatives that have
formed for the purpose of fishing with
CQ issued annually by NMFS.
(i) Members of rockfish cooperatives
should consult legal counsel before
commencing any activity if the members are uncertain about the legality
under the antitrust laws of the rockfish cooperative’s proposed conduct.
(ii) Membership in a rockfish cooperative is voluntary. No person may be
required to join a rockfish cooperative.
(iii) Members may leave a rockfish
cooperative, but any CQ contributed by
the rockfish QS held by that member
remains assigned to that rockfish cooperative for the remainder of the calendar year.
(iv) An LLP license or vessel that has
been assigned to a rockfish cooperative
and that leaves the rockfish cooperative continues to be subject to the
sideboard provisions established for
that
rockfish
cooperative
under
§ 679.82(d) and (e), as applicable, for
that calendar year.
Requirement

§ 679.81
(v) If a person becomes the holder of
an LLP license that had been previously assigned to a rockfish cooperative, then that person may join that
rockfish cooperative upon receipt of
that LLP license, but may not assign
that LLP license to another rockfish
cooperative during that calendar year.
(2) Legal and organizational requirements. A rockfish cooperative must
meet the following legal and organizational requirements before it is eligible
to receive CQ:
(i) Each rockfish cooperative must be
formed as a partnership, corporation,
or other legal business entity that is
registered under the laws of one of the
50 states or the District of Columbia;
(ii) Each rockfish cooperative must
appoint an individual as designated
representative to act on the rockfish
cooperative’s behalf and serve as contact point for NMFS for questions regarding the operation of the rockfish
cooperative. The designated representative must be an individual, and may
be a member of the rockfish cooperative, or some other individual designated by the rockfish cooperative;
(iii) Each rockfish cooperative must
submit a complete and timely application for CQ.
(3) General requirements. The following table describes the requirements to form a rockfish cooperative
in the catcher vessel or catcher/processor sector.

Catcher vessel sector

Catcher/processor sector

(i) Who may join a rockfish cooperative? ..
(ii) What is the minimum number of LLP
licenses that must be assigned to form
a rockfish cooperative?

Only persons who hold rockfish QS may join a rockfish cooperative.
No minimum requirement.

(iii) Is an association with a rockfish processor required?

Yes, a rockfish QS holder may only be a
member of a rockfish cooperative
formed in association with a rockfish
processor. The rockfish cooperative
may not receive rockfish CQ unless a
shoreside processor eligible to receive
rockfish CQ has indicated that it may
be willing to receive rockfish CQ from
that cooperative in the application for
CQ, as described under § 679.81, that
is submitted by that cooperative.

No.

(iv) Is a rockfish cooperative member required to deliver catch to the rockfish
processor with whom the rockfish cooperative is associated?

No ............................................................

N/A.

833

§ 679.81

50 CFR Ch. VI (10–1–23 Edition)
Requirement

Catcher vessel sector

(v) Is there a minimum amount of rockfish
QS that must be assigned to a rockfish
cooperative for it to be allowed to form?

No ............................................................

(vi) What is allocated to the rockfish cooperative?

CQ for rockfish primary species, rockfish secondary species, and rockfish halibut
PSC, based on the rockfish QS assigned to all of the LLP licenses that are assigned to the cooperative.

(vii) Is this CQ an exclusive harvest privilege?.

Yes, the members of the rockfish cooperative have an exclusive harvest privilege to
collectively catch this CQ, or a cooperative may transfer all or a portion of this CQ
to another rockfish cooperative.

(viii) Is there a season during which designated vessels may catch CQ?

Yes, any vessel designated to catch CQ for a rockfish cooperative is limited to
catching CQ during the season beginning on 1200 hours, A.l.t., on May 1 through
1200 hours, A.l.t., on November 15.

(ix) Can any vessel catch a rockfish cooperative’s CQ?

No, only vessels that are named on the application for CQ for that rockfish cooperative may catch the CQ assigned to that rockfish cooperative. A vessel may be assigned to only one rockfish cooperative in a calendar year.

(x) Can a member of a rockfish cooperative transfer CQ individually to another
rockfish cooperative without the approval of the other members of the
rockfish cooperative?

No, only the rockfish cooperative’s designated representative, and not individual
members, may transfer its CQ to another rockfish cooperative. Any such transfer
must be approved by NMFS as established under paragraph (i)(4)(ii) of this section.

(xi) Can a rockfish cooperative in the
catcher/processor sector transfer its
sideboard limit?

N/A ...........................................................

(xii) Is there a hired master requirement?

No, there is no hired master requirement.

(xiii) Can an LLP license be assigned to
more than one rockfish cooperative in a
calendar year?

No, an LLP license may only be assigned to one rockfish cooperative in a calendar
year. A person holding multiple LLP licenses with associated rockfish QS may assign different LLP licenses to different rockfish cooperatives subject to any other restrictions that may apply.

(xiv) Can a rockfish processor be associated with more than one rockfish cooperative?

Yes ..........................................................

N/A.

(xv) Can an LLP license be assigned to a
rockfish cooperative and opt-out of participating in a rockfish cooperative?

N/A ...........................................................

No, each calendar year an LLP license
must either be assigned to a rockfish
cooperative or opt-out.

(xvi) Which members may harvest the
rockfish cooperative’s CQ?

That is determined by the rockfish cooperative contract signed by its members. Any
violations of this contract by one cooperative member may be subject to civil claims
by other members of the rockfish cooperative.

(xvii) Does a rockfish cooperative need a
contract?

Yes, a rockfish cooperative must have a membership agreement or contract that
specifies how the rockfish cooperative intends to harvest its CQ. A copy of this
agreement or contract must be submitted to NMFS with the cooperative’s application for CQ.

(xviii) What happens if the rockfish cooperative exceeds its CQ amount?

A rockfish cooperative is not authorized to catch fish in excess of its CQ and must
not exceed its CQ amount at the end of the calendar year. Exceeding a CQ is a violation of the Rockfish Program regulations. Each member of the rockfish cooperative is jointly and severally liable for any violations of the Rockfish Program regulations while fishing under authority of a CQ permit. This liability extends to any persons who are hired to catch or receive CQ assigned to a rockfish cooperative. Each
member of a rockfish cooperative is responsible for ensuring that all members of the
rockfish cooperative comply with all regulations applicable to fishing under the
Rockfish Program.

(xix) Is there a limit on how much CQ a
rockfish cooperative may hold or use?

Yes, see § 679.82(a) for the provisions that apply.

(xx) Is there a limit on how much CQ a
vessel may harvest?

Yes, see § 679.82(a) for the provisions that apply.

834

Catcher/processor sector
No.

No, a sideboard limit assigned to a rockfish cooperative in the catcher/processor sector is a limit applicable to a
specific rockfish cooperative, and may
not be transferred between rockfish
cooperatives.

Fishery Conservation and Management
Requirement

§ 679.81

Catcher vessel sector

Catcher/processor sector

(xxi) Is there a requirement that a rockfish
cooperative pay rockfish cost recovery
fees?

Yes, see § 679.85 for the provisions that apply.

(xxii) When does catch count against my
CQ permit?

Any vessel fishing checked-in (and therefore fishing under the authority of a CQ
permit must count any catch of rockfish primary species, rockfish secondary species, or rockfish halibut PSC against that rockfish cooperative’s CQ from May 1 until
November 15, or until the effective date of a rockfish cooperative termination of fishing declaration that has been approved by NMFS).

(xxiii) If my vessel is checked-out and
fishing in a directed flatfish fishery in
the Central GOA and I catch groundfish
and halibut PSC, does that count
against the rockfish cooperative’s CQ?

No. If you are fishing in a directed flatfish fishery and checked-out of the Rockfish
Program fisheries, you are not fishing under the authority of a CQ permit. Groundfish harvests would not be debited against the rockfish cooperative’s CQ permit. In
this case, any catch of halibut would be attributed to the halibut PSC limit for that directed target fishery and gear type and any applicable sideboard limit.

(xxiv) Can my rockfish cooperative negotiate prices for me?

The rockfish cooperatives formed under the Rockfish Program are intended to conduct and coordinate harvest activities for their members. Rockfish cooperatives
formed under the Rockfish Program are subject to existing antitrust laws. Collective
price negotiation by a rockfish cooperative must be conducted in accordance with
existing antitrust laws.

(4) Additional requirements—(i) Restrictions on fishing CQ assigned to a rockfish
cooperative. A person fishing CQ assigned to a rockfish cooperative must
maintain a copy of the CQ permit onboard any vessel that is being used to
harvest any rockfish primary species,
or rockfish secondary species, or that
uses any rockfish halibut PSC CQ.
(ii) Transfer of CQ between rockfish cooperatives. Rockfish cooperatives may
transfer CQ during a calendar year
with the following restrictions:
(A) A rockfish cooperative may only
transfer CQ to another rockfish cooperative;
(B) A rockfish cooperative may only
receive CQ from another rockfish cooperative;
(C) A rockfish cooperative may transfer or receive rockfish CQ only if that
cooperative has been assigned at least
two LLP licenses with rockfish QS assigned to those LLP licenses;
(D) A rockfish cooperative in the
catcher vessel sector may not transfer
any CQ to a rockfish cooperative in the
catcher/processor sector;
(E) A rockfish cooperative in the
catcher/processor sector may not
transfer any rougheye rockfish CQ or
shortraker rockfish CQ to a rockfish
cooperative in the catcher vessel sector.
(F) A rockfish cooperative receiving
rockfish primary species CQ by transfer must assign that rockfish primary
species CQ to a member(s) of the rockfish cooperative for the purposes of ap-

plying the use caps established under
§ 679.82(a). NMFS will not approve a
transfer if that member would exceed
the use cap as a result of the transfer.
Rockfish secondary species or halibut
PSC CQ is not assigned to a specific
member of a rockfish cooperative;
(G) A rockfish cooperative in the
catcher/processor sector may not
transfer any sideboard limit assigned
to it; and
(H) After November 15 of the year for
which the CQ permit is issued, or upon
approval of a rockfish cooperative termination of fishing declaration described in § 679.4(n)(2):
(1) A cooperative may only use rockfish primary species and rockfish secondary species CQ for transfer;
(2) A cooperative may not transfer
halibut PSC CQ;
(5) Use of CQ. (i) A rockfish cooperative in the catcher vessel sector may
not use a rockfish primary species CQ
in excess of the amounts specified in
§ 679.82(a).
(ii) For purposes of CQ use cap calculation, the total amount of CQ held
or used by a person is equal to all tons
of CQ derived from the rockfish QS
held by that person and assigned to the
rockfish cooperative and all tons of CQ
assigned to that person by the rockfish
cooperative from approved transfers.
(iii) The amount of rockfish QS held
by a person, and CQ derived from that
rockfish QS is calculated using the individual and collective use cap rule established in § 679.82(a).

835

§ 679.82

50 CFR Ch. VI (10–1–23 Edition)

(6) Successors-in-interest. If a member
of a rockfish cooperative dies (in the
case of an individual) or dissolves (in
the case of a business entity), the LLP
license(s) and associated rockfish QS
held by that person will be transferred
to the legal successor-in-interest under
the
procedures
described
in
§ 679.4(k)(6)(iv)(A). However, the CQ derived from that rockfish QS and assigned to the rockfish cooperative for
that year from that person remains
under the control of the rockfish cooperative for the duration of that calendar year. Each rockfish cooperative
is free to establish its own internal
procedures for admitting a successorin-interest during the fishing season to
reflect the transfer of an LLP license
and associated rockfish QS.
(j) Reallocations. Annual reallocation
of Central Gulf of Alaska rockfish species—
(1) Pacific cod. After the Rockfish
Program fisheries close on November
15, the Regional Administrator may reallocate any unused amount of Pacific
cod from the Rockfish Program to
other sectors through notification in
the FEDERAL REGISTER consistent with
regulations at § 679.20(a)(12)(ii).
(2) Rockfish ICAs—(i) General. The Regional Administrator may reallocate a
portion of a Central GOA rockfish ICAs
to rockfish cooperatives if the amounts
assigned to the Central GOA rockfish
ICAs are projected not to be harvested
or used. The timing of a reallocation
will be at the discretion of the Regional Administrator.
(ii) Reallocation of Central Gulf of
Alaska rockfish ICA species. If, during a
fishing year, the Regional Administrator determines that a reallocation
of a portion of the ICAs of Central Gulf
of Alaska rockfish species to rockfish
cooperatives is appropriate, the Regional Administrator will issue a revised CQ permit to reallocate that
amount of Central Gulf of Alaska rockfish species to rockfish cooperatives
according to the following:
(A) Catcher vessel rockfish cooperatives will be given priority for reallocation; and
(B) The amount of additional CQ
issued to each rockfish cooperative =
Amount of Central Gulf of Alaska
rockfish species available for realloca-

tion
to
rockfish
cooperatives
×
(Amount of CQ for that Central Gulf of
Alaska rockfish species initially assigned to that rockfish cooperative/S
CQ for that Central Gulf of Alaska
rockfish species initially assigned to
all rockfish cooperatives in the respective sector).
[76 FR 81277, Dec. 27, 2011; 77 FR 2478, Jan. 18,
2012, as amended at 80 FR 80703, Dec. 28, 2015;
86 FR 11904, Mar. 1, 2021]

§ 679.82 Rockfish Program use caps
and sideboard limits.
(a) Use caps—(1) General. (i) Use caps
limit the amount of rockfish QS that
may be held or used by a rockfish eligible harvester and the amount of CQ
that may be held or used by a rockfish
cooperative, harvested by a vessel, or
received or processed by a rockfish
processor.
(ii) Use caps do not apply to halibut
PSC CQ.
(iii) Use caps may not be exceeded
unless the entity subject to the use cap
is specifically allowed to exceed a cap
according to the criteria established
under this paragraph (a), or by an operation of law.
(iv) All rockfish QS use caps are
based on the aggregate rockfish primary species initial rockfish QS pool
established by NMFS in Table 29 to
this part.
(v) Sablefish and Pacific cod CQ processing use caps are based on the
amount of CQ assigned to the catcher
vessel sector during a calendar year.
(vi) Any transfer of reallocated rockfish
ICA
(as
authorized
under
§ 679.81(j)(2)) or catcher/processor CQ to
a catcher vessel cooperative does not
apply to catcher vessel ownership, cooperative, harvester CQ, or shoreside
processor CQ use caps.
(2) Rockfish QS use cap. A person may
not individually or collectively hold or
use more than:
(i) Four (4.0) percent of the aggregate
rockfish primary species QS initially
assigned to the catcher vessel sector
and resulting CQ unless that rockfish
eligible harvester qualifies for an exemption to this use cap under paragraph (a)(6) of this section;
(ii) Forty (40.0) percent of the aggregate rockfish primary species QS initially assigned to the catcher/processor

836

Fishery Conservation and Management
sector and resulting CQ unless that
rockfish eligible harvester qualifies for
an exemption to this use cap under
paragraph (a)(6) of this section.
(3) Catcher vessel cooperative rockfish
CQ use cap. A catcher vessel rockfish
cooperative may not hold or use an
amount of rockfish primary species CQ
during a calendar year that is greater
than an amount resulting from 30.0
percent of the aggregate rockfish primary species QS initially assigned to
the catcher vessel sector.
(4) Vessel use cap. (i) A catcher vessel
may not harvest an amount of rockfish
primary species CQ greater than 8.0
percent of the aggregate rockfish primary species CQ issued to the catcher
vessel sector during a calendar year.
(ii) A catcher/processor vessel may
not harvest an amount of rockfish primary species CQ greater than 60.0 percent of the aggregate rockfish primary
species CQ issued to the catcher/processor sector during a calendar year.
(5) Use cap for rockfish processors. (i) A
rockfish processor may not receive or
process an amount of rockfish primary
species harvested with CQ assigned to
the catcher vessel sector greater than
30.0 percent of the aggregate rockfish
primary species CQ assigned to the
catcher vessel sector during a calendar
year.
(ii) A rockfish processor may not receive or process an amount of Pacific
cod harvested with CQ assigned to the
catcher vessel sector greater than 30.0
percent of Pacific cod CQ issued to the
catcher vessel sector during a calendar
year.
(iii) A rockfish processor may not receive or process an amount of sablefish
harvested with CQ assigned to the
catcher vessel sector greater than 30.0
percent of sablefish CQ issued to the
catcher vessel sector during a calendar
year.
(iv) The amount of aggregate rockfish primary species, Pacific cod, or sablefish CQ assigned to the catcher vessel sector that is received by a rockfish
processor is calculated based on the
sum of all landings made with CQ received or processed by that rockfish
processor and the CQ received or processed by any person affiliated with that
rockfish processor as that term is defined in § 679.2.

§ 679.82
(6) Use cap exemptions—(i) Rockfish
QS. A rockfish QS holder may receive
an initial allocation of aggregate rockfish QS in excess of the use cap in that
sector only if that rockfish QS is assigned to LLP license(s) held by that
rockfish eligible harvester prior to
June 14, 2010, and continuously through
the time of application for rockfish QS.
(ii) Transfer limitations. A rockfish eligible harvester that receives an initial
allocation of aggregate rockfish QS
that exceeds the use cap listed in paragraph (a)(2) of this section shall not receive any rockfish QS by transfer (except by operation of law) unless and
until that harvester’s holdings of aggregate rockfish QS in that sector are
reduced to an amount below the use
cap specified in paragraph (a)(2) of this
section.
(b) Opt-out. Any vessel named on an
LLP license that is not named on an
approved Annual Application for Cooperative Fishing Quota, may not fish
with any vessel named on the optedout LLP license during that fishing
year in any directed fishery for any
rockfish primary species in the Central
GOA and waters adjacent to the Central GOA when the rockfish primary
species caught by that vessel is deducted from the Federal TAC specified
under § 679.20.
(c) Sideboard limitations—General. The
regulations in this section restrict the
vessels and holders of LLP licenses
with rockfish legal landings that could
generate rockfish QS from using the increased flexibility provided by the
Rockfish Program to expand their level
of participation in other GOA groundfish fisheries. These limitations are
commonly known as ‘‘sideboards.’’
(1) Classes of sideboard restrictions.
Three types of sideboard restrictions
apply under the Rockfish Program:
(i) Catcher vessel sideboard restrictions as described under paragraph (d)
of this section;
(ii)
Catcher/processor
rockfish
sideboard restrictions as described
under paragraph (e) of this section;
and,
(iii) Opt-out sideboard restrictions as
described under paragraphs (e) and (f)
of this section.

837

§ 679.82

50 CFR Ch. VI (10–1–23 Edition)

(2) Notification of affected vessel owners
and LLP license holders. After NMFS determines which vessels and LLP licenses may be subject to sideboard limitations as described in paragraphs (d)
through (f) of this section, NMFS will
inform each vessel owner and LLP license holder in writing of the type of
rockfish sideboard limitation and issue
a revised Federal Fisheries Permit and/
or LLP license that displays the
sideboard limitation(s) that may apply
to that FFP or LLP on its face.
(3) Appeals. A vessel owner or LLP license holder who believes that NMFS
has incorrectly identified his or her
vessel or LLP license as meeting the
criteria for a sideboard limitation, or
who disagrees with the specific
sideboard ratio assigned to that LLP
license, may make a contrary claim
and provide evidence to NMFS. All
claims must be submitted in writing
with any documentation or evidence
supporting the request within 30 days
of being notified by NMFS of the
sideboard limitation. NMFS will provide instructions for submitting such
claims with the sideboard notification.
An applicant must submit any documentation or evidence supporting a
claim within 30 days of being notified
by NMFS of the sideboard limitation.
If NMFS finds the claim is unsupported, the claim will be denied in an
Initial Administrative Determination
(IAD). The affected persons may appeal
this IAD using the procedures described in § 679.43.
(4) Duration of sideboard limits. Unless
otherwise specified, all sideboard limitations established under paragraph (e)
of this section only apply from July 1
through July 31 of each year.
(d) Sideboard provisions for catcher vessels—(1) Vessels subject to catcher vessel
sideboard limits. Any vessel not specified in paragraph (d)(2) of this section
that NMFS has determined meets any
of the following criteria is subject to
the provisions under this paragraph (d):
(i) Any vessel whose rockfish legal
landings could be used to generate
rockfish QS for the catcher vessel sector; and,
(ii) Any vessel named on an LLP license under whose authority rockfish
legal landings were made that could be

used to generate rockfish QS for the
catcher vessel sector.
(2) Applicability of sideboard provisions
for specific catcher vessels. The following
vessels are exempt from the sideboard
limits in paragraph (d) of this section:
(i) Any AFA catcher vessel that is
not exempt from GOA groundfish
sideboards under the AFA as specified
under § 679.64(b)(2)(ii);
(ii) Any vessel that made rockfish
legal landings during the fishery seasons established in Table 28a to this
part and during the entry level trawl
fishery during 2007, 2008, or 2009 established in Table 28b to this part and
that is designated on an approved application for rockfish QS as being excluded from the Rockfish Program as
specified under § 679.80(d)(4)(ii); and
(iii) Any vessel named on an LLP license under whose authority rockfish
legal landings were made during the
fishery seasons established in Table 28a
to this part and during the entry level
trawl fishery during 2007, 2008, or 2009
established in Table 28b to this part if
that LLP license is designated on an
approved application for rockfish QS as
being excluded from the Rockfish Program as specified under § 679.80(d)(4)(ii).
(3) Prohibition for directed fishing in
the Western GOA and West Yakutat District rockfish fishery during July. Vessels
subject to the provisions in this paragraph (d) may not participate in directed fishing in the Western GOA and
West Yakutat District for northern
rockfish, Pacific ocean perch, and
dusky rockfish (or in waters adjacent
to the Western GOA and West Yakutat
District when northern rockfish, Pacific ocean perch, and dusky rockfish
by that vessel is deducted from the
Federal TAC as specified under § 679.20)
from July 1 through July 31.
(4) Prohibition for directed fishing in
the specific GOA flatfish fisheries during
July. Vessels subject to the provisions
in this paragraph (d) may not participate in directed fishing for arrowtooth
flounder, deep-water flatfish, and rex
sole in the GOA (or in waters adjacent
to the GOA when arrowtooth flounder,
deep-water flatfish, and rex sole caught
by that vessel is deducted from the
Federal TAC as specified under § 679.20)
from July 1 through July 31.

838

Fishery Conservation and Management
(e) Rockfish and halibut PSC sideboard
provisions for catcher/processor vessels—
(1) Vessels subject to catcher/processor
sideboard limits. Any vessel that NMFS
has determined meets any of the following criteria is subject to the provisions under this paragraph (e):
(i) Any vessel whose rockfish legal
landings could be used to generate
rockfish QS for the catcher/processor
sector in the Rockfish Program; or
(ii) Any vessel named on an LLP license under whose authority rockfish
legal landings were made that could be
used to generate rockfish QS for the
catcher/processor sector in the Rockfish Program.
(2) Prohibition for directed rockfish
fishing in the Western GOA and West
Yakutat District by non-Amendment 80
vessels assigned to the catcher/processor
sector. Any vessel that meets the criteria established in paragraph (e)(1) of
this section and that is not an Amendment 80 vessel is prohibited from directed fishing for northern rockfish,
Pacific ocean perch, and dusky rockfish in the Western GOA and West Yakutat District (or in waters adjacent to
the Western GOA and West Yakutat
District when northern rockfish, Pacific ocean perch, and dusky rockfish
by that vessel is deducted from the
Federal TAC as specified under § 679.20)
from July 1 through July 31.
(3) Calculation of rockfish and halibut
PSC sideboard limits assigned to each
LLP license in the catcher/processor sector. NMFS will determine specific rockfish sideboard ratios for each LLP license assigned to the catcher/processor
sector that could generate rockfish QS.
These rockfish sideboard ratios will be
noted on the face of an LLP license and
will be calculated as follows:
(i) For each rockfish sideboard fishery, divide the retained catch of that
rockfish sideboard fishery from July 1
through July 31 in each year from 2000
through 2006 made under the authority
of that LLP license, by the total retained catch of that rockfish sideboard
fishery from July 1 through July 31 in
each year from 2000 through 2006 by
vessels operating under the authority
of all eligible LLP licenses in the
catcher/processor sector.
(ii) For the deep-water halibut PSC
sideboard limit, divide the halibut PSC

§ 679.82
used in the deep-water complex, except
in the Central GOA rockfish fisheries,
from July 1 through July 31 in each
year from 2000 through 2006 under the
authority of that LLP license, by the
total deep-water halibut PSC used from
July 1 through July 31 in each year
from 2000 through 2006 by vessels operating under the authority of all LLP licenses in the catcher/processor sector.
(iii) For the shallow-water halibut
PSC sideboard limit, divide the halibut
PSC used in the shallow-water complex
from July 1 through July 31 in each
year from 2000 through 2006 under the
authority of that LLP license, by the
total shallow-water halibut PSC used
from July 1 through July 31 in each
year from 2000 through 2006 by vessels
operating under the authority of all
LLP licenses in the catcher/processor
sector.
(4) West Yakutat District rockfish
sideboard ratios. The rockfish sideboard
ratio for each rockfish fishery in the
West Yakutat District is an established
percentage of the TAC for catcher/processors in the directed fishery for dusky
rockfish and Pacific ocean perch. These
percentages are confidential.
(5) GOA halibut PSC sideboard ratios.
(i) The annual deep-water complex halibut PSC sideboard limit in the GOA is
2.5 percent of the annual halibut mortality limit.
(ii) The annual shallow-water complex halibut PSC sideboard limit in the
GOA is 0.1 percent of the annual halibut mortality limit.
(6) Assigning a rockfish sideboard limit
to a rockfish cooperative. Each rockfish
cooperative in the catcher/processor
sector will be assigned a portion of the
rockfish sideboard limit for each rockfish species established in paragraph
(e)(4) of this section according to the
following formula.
(i) For each rockfish sideboard fishery specified in paragraph (e)(4) of this
section, sum the rockfish sideboard ratios of all LLP licenses as calculated
under paragraph (e)(3) of this section
assigned to that rockfish cooperative
and multiply this result by the amount
of TAC (in metric tons) assigned to
that rockfish sideboard fishery.

839

§ 679.82

50 CFR Ch. VI (10–1–23 Edition)

(ii) Once assigned, a catcher/processor rockfish cooperative may not exceed any rockfish sideboard limit assigned to that cooperative from July 1
through July 31.
(7) Assigning a rockfish sideboard limit
to catcher/processors that opt-out of participating in rockfish cooperatives. Holders of catcher/processor designated
LLP licenses that opt-out of participating in a rockfish cooperative will
receive the portion of each rockfish
sideboard limit established in paragraph (e)(3) of this section not assigned
to rockfish cooperatives.
(8) Management of a rockfish opt-out
sideboard limit. (i) If the Regional Administrator determines that an annual
rockfish sideboard limit for opt-out
vessels is sufficient to support directed
fishing for that rockfish sideboard fishery, the Regional Administrator may
establish a directed fishing allowance
applicable to holders of catcher/processor designated LLPs that have optedout of participating in a rockfish cooperative.
(ii) If the Regional Administrator determines that a sideboard limit is insufficient to support a directed fishing
allowance for that rockfish sideboard
fishery, then the Regional Administrator may not allow directed fishing
and set the allowance to zero for catcher/processor opt-out vessels from July 1
through July 31.
(iii) Upon determining that a halibut
PSC sideboard limit is or will be
reached, the Regional Administrator
will publish notification in the FEDERAL REGISTER prohibiting directed
fishing for the rockfish sideboard fishery in the regulatory area or district
for catcher/processor opt-out vessels
that will be effective from July 1
through July 31.
(9) Assigning deep-water and shallowwater halibut PSC sideboard limits to a
rockfish cooperative. Each rockfish cooperative in the catcher/processor sector will be assigned a percentage of the
deep-water and shallow-water halibut
PSC sideboard limits based on the following calculation:
(i) Sum the deep-water ratios of all
LLP licenses assigned to that rockfish
cooperative and multiply this result by
the amount set out in paragraph
(e)(5)(i) of this section; and

(ii) Sum the shallow-water ratios of
all LLP licenses assigned to that rockfish cooperative and multiply this result by the amount set out in paragraph (e)(5)(ii) of this section; and
(iii) A rockfish cooperative may not
exceed any deep-water or shallowwater halibut PSC sideboard limits assigned to that cooperative when directed fishing for species other than
rockfish.
(10) Assigning a halibut PSC limit to
catcher/processor opt-out vessels. Catcher/processor opt-out vessels will receive
the portion of the deep-water and shallow-water halibut PSC sideboard limit
not assigned to catcher/processor rockfish cooperatives.
(11) Management of halibut PSC limits
assigned to catcher/processor opt-out vessels. (i) If the Regional Administrator
determines
that
a
halibut
PSC
sideboard limit for opt-out vessels is
sufficient to support a directed fishing
allowance for groundfish in the deepwater or shallow-water halibut PSC
complex, then the Regional Administrator may establish a directed fishing
allowance for that species or species
group applicable to catcher/processor
opt-out vessels.
(ii) If the Regional Administrator determines that a sideboard limit is insufficient to support a directed fishing
allowance for groundfish in the deepwater or shallow-water halibut PSC
complex, then the Regional Administrator may not allow directed fishing
and set the allowance to zero for the
deep-water or shallow-water halibut
PSC complex for catcher/processor optout vessels from July 1 through July
31.
(iii) Upon determining that a halibut
PSC sideboard limit is or will be
reached, the Regional Administrator
will publish notification in the FEDERAL REGISTER prohibiting directed
fishing for the species or species in
that complex for catcher/processors
opt-out vessels that will be effective
from July 1 through July 31. The following specific directed fishing closures will be implemented if a halibut
PSC sideboard limit is reached:
(A) If the shallow-water halibut PSC
sideboard limit for catcher/processor
opt-out vessels is or will be reached,

840

Fishery Conservation and Management
then NMFS will close directed fishing
in the GOA for:
(1) Flathead sole; and
(2) Shallow-water flatfish.
(B) If the deep-water halibut PSC
sideboard limit is or will be reached for
catcher/processor opt-out vessels, then
NMFS will close directed fishing in the
GOA for:
(1) Rex sole;
(2) Deep-water flatfish; and
(3) Arrowtooth flounder.
(iv) Halibut PSC accounting. Any halibut mortality occurring under a CQ
permit from July 1 through July 31 will
not apply against the halibut PSC
sideboard limits established in paragraph (e)(5) of this section.
(f) Sideboard provisions—catcher/processor opt-out provisions—(1) Vessels subject to opt-out sideboard provisions. In
addition to the sideboards for opt-out
vessels in paragraphs (e)(7) and (e)(10)
of this section, any catcher/processor
opt-out vessel that NMFS has determined meets any of the following criteria is subject to the provisions under
this paragraph (f):
(i) Any vessel whose legal rockfish
landings could be used to generate
rockfish QS for the catcher/processor
sector that is not assigned to a rockfish cooperative; or,
(ii) Any vessel named on an LLP license under whose authority legal
rockfish landings were made that could
be used to generate rockfish QS for the
catcher/processor sector and that is not
assigned to a rockfish cooperative.
(2) Prohibitions on directed fishing in
GOA groundfish fisheries without previous participation. (i) Any vessel that is
subject to the opt-out sideboard restriction under paragraph (f) of this
section is prohibited from directed
fishing in any groundfish fishery in the
GOA and waters adjacent to the GOA
when groundfish caught by that vessel
is deducted from the Federal TAC specified under § 679.20 (except sablefish
harvested under the IFQ Program)
from July 1 through July 14 of each
year if that vessel has not participated
in that directed groundfish fishery in
any 2 years from 2000 through 2006 during the following time periods:
(A) July 9, 2000, through July 15, 2000;
(B) July 1, 2001, through July 7, 2001;
(C) June 30, 2002, through July 6, 2002;

§ 679.83
(D) June 29, 2003, through July 5, 2003;
(E) July 4, 2004, through July 10, 2004;
(F) July 3, 2005, through July 9, 2005;
and
(G) July 2, 2006, through July 8, 2006.
(ii) For purposes of determining participation in a directed groundfish fishery for paragraph (f)(2)(i) of this section, a vessel may participate:
(A) In the flathead sole and shallowwater flatfish fisheries if that vessel
participated in a directed groundfish
fishery for either of these two fisheries
during any 2 years during the 2000
through 2006 qualifying period defined
in paragraph (f)(2)(i) of this section;
and
(B) In the arrowtooth flounder, deepwater flatfish, and rex sole fisheries if
that vessel participated in a directed
groundfish fishery for any of these
three fisheries during any 2 years during the 2000 through 2006 qualifying period defined in paragraph (f)(2)(i) of
this section.
[76 FR 81277, Dec. 27, 2011, as amended at 86
FR 11904, Mar. 1, 2021]

§ 679.83 Rockfish Program entry level
longline fishery.
(a) Rockfish entry level longline fishery—(1) Rockfish primary species allocations. Vessels participating in the rockfish entry level longline fishery may
collectively harvest an amount not
greater than the total allocation to the
rockfish entry level longline fishery as
described in Table 28e to this part.
(2) Participation. Catcher vessels fishing under a CQ permit must first be
checked-out of the Rockfish Program
by the catcher vessel cooperative’s designated representative to participate
in the entry level longline fishery (see
§ 679.5(r)(8)(i)(B) for check-out procedures).
(3) Rockfish secondary species allocations. Rockfish secondary species shall
not be allocated to the rockfish entry
level longline fishery. Rockfish secondary species shall be managed based
on an MRA for the target species as described in Table 10 to this part.
(4) Opening of the rockfish entry level
longline fishery. The Regional Administrator maintains the authority to not
open the rockfish entry level longline

841

§ 679.84

50 CFR Ch. VI (10–1–23 Edition)

fishery if he or she deems it appropriate for conservation or other management measures. Factors such as the
total allocation, anticipated harvest
rates, and number of participants will
be considered in making any such decision.
(b) [Reserved]
§ 679.84 Rockfish
Program
recordkeeping, permits, monitoring, and
catch accounting.
(a) Recordkeeping and reporting. See
§ 679.5(r).
(b) Permits. See § 679.4(n).
(c) Catch monitoring requirements for
catcher/processors assigned to a rockfish
cooperative. The requirements under
paragraphs (c)(1) through (10) of this
section apply to any catcher/processor
vessel assigned to a rockfish cooperative at all times when that vessel has
groundfish onboard that were harvested under a CQ permit, or that were
harvested by a vessel subject to a rockfish sideboard limit as described under
§ 679.82(c) through (f), as applicable.
The vessel owner or operator must ensure that:
(1) Catch weighing. All catch, except
halibut sorted on deck by vessels participating in the halibut deck sorting
described at § 679.120, is weighed on a
NMFS-approved scale in compliance
with
the
scale
requirements
at
§ 679.28(b). Each haul must be weighed
separately and all catch must be made
available for sampling by an observer.
(2) Observer sampling station. An observer sampling station meeting the requirements at § 679.28(d) is available at
all times.
(3) Observer coverage requirements. The
vessel is in compliance with the observer coverage requirements described
at § 679.51(a)(2).
(4) Operational line. The vessel has no
more than one operational line or
other conveyance for the mechanized
movement of catch between the scale
used to weigh total catch and the location where the observer collects species
composition samples.
(5) Fish on deck. No fish are allowed
to remain on deck unless an observer is
present, except for fish inside the
codend and fish spilled from the codend
during hauling and dumping. Fish

spilled from the codend must be moved
to the fish bin.
(6) Sample storage. The vessel owner
or operator provides sufficient space to
accommodate a minimum of 10 observer sampling baskets. This space
must be within or adjacent to the observer sample station.
(7) Pre-cruise meeting. The Observer
Program is notified by phone at 1 (907)
481–1770 (Kodiak, AK) at least 24 hours
prior to departure when the vessel will
be carrying an observer who has not
previously been deployed on that vessel
within the last 12 months. Subsequent
to the vessel’s departure notification,
but prior to departure, NMFS may contact the vessel to arrange for a precruise meeting. The pre-cruise meeting
must minimally include the vessel operator or manager and any observers
assigned to the vessel.
(8) Belt and flow operations. The vessel
operator stops the flow of fish and
clears all belts between the bin doors
and the area where the observer collects samples of unsorted catch when
requested to do so by the observer.
(9) Vessel crew in tanks or bins. The
vessel owner or operator must comply
with the bin monitoring standards
specified in § 679.28(i).
(10) Mixing of hauls. Catch from an individual haul is not mixed with catch
from another haul prior to sampling by
a NMFS-certified observer;
(d) Catch monitoring requirements for
catcher/processors opt-out vessels. The requirements under paragraphs (c)(1)
through (9) of this section apply to any
catcher/processor opt-out vessels at all
times when that vessel has groundfish
onboard that were harvested by a vessel subject to a sideboard limit as described under § 679.82(f), as applicable.
The vessel owner or operator must ensure that:
(1) Catch from an individual haul is
not mixed with catch from another
haul prior to sampling by an observer;
(2) All catch be made available for
sampling by an observer; and
(3) The requirements in paragraphs
(c)(3), (c)(4), (c)(5), (c)(8), and (c)(9) of
this section are met.
(e) Catch monitoring requirements for
catcher vessels. The owner or operator

842

Fishery Conservation and Management
of a catcher vessel must ensure the vessel complies with the observer coverage
requirements
described
in
§ 679.51(a)(2) at all times the vessel is
participating in a rockfish cooperative.
(f) Catch monitoring requirements for
shoreside processors—(1) Catch monitoring and control plan (CMCP). The
owner or operator of a shoreside processor receiving deliveries from a catcher vessel described in § 679.51(a)(2) must
ensure the shoreside processor complies with the CMCP requirements described in § 679.28(g) except the requirements for an observer workstation and
communication with observer as specified in § 679.28(g)(7)(vii) and (viii).
(2) Catch weighing. All groundfish
landed by catcher vessels described in
§ 679.51(a)(2) must be sorted, weighed on
a scale approved by the State of Alaska
as described in § 679.28(c), and be made
available for sampling by an observer,
NMFS staff, or any individual authorized by NMFS. Any of these persons
must be allowed to test any scale used
to weigh groundfish to determine its
accuracy.
(g) Catch accounting—(1) Rockfish primary species and rockfish secondary species. All rockfish primary species and
rockfish secondary species harvests
(including harvests of those species in
waters adjacent to the Central GOA
that are deducted from the Federal
TAC as specified under § 679.20) of a vessel, that is named on an LLP license
that is assigned to a rockfish cooperative and fishing under a CQ permit, will
be debited against the CQ for that
rockfish cooperative from May 1:
(i) Until November 15; or
(ii) Until that rockfish cooperative
has submitted a rockfish cooperative
termination of fishing declaration that
has been approved by NMFS.
(2) Rockfish halibut PSC. All halibut
PSC in the Central GOA (including halibut PSC in the waters adjacent to the
Central GOA when rockfish primary
species and rockfish secondary species
caught by that vessel are deducted
from the Federal TAC specified under
§ 679.20) used by a vessel, that is named
on an LLP license that is assigned to a
rockfish cooperative and fishing under
a CQ permit, will be debited against
the CQ for that rockfish cooperative
from May 1,

§ 679.85
(i) Until November 15; or
(ii) Until the designated representative of that rockfish cooperative has
submitted a rockfish cooperative termination of fishing declaration that
has been approved by NMFS.
(3) Groundfish sideboard limits. All
groundfish harvests (including harvests
of those species in waters adjacent to
the Central GOA that are deducted
from the Federal TAC as specified
under § 679.20) of a catcher/processor
vessel that is subject to a sideboard
limit for that groundfish species as described under § 679.82(e), except groundfish harvested by a vessel fishing under
a CQ permit in the Central GOA, will
be debited against the sideboard limit
established for that sector or rockfish
cooperative, as applicable.
(4) Halibut sideboard limits. All halibut
PSC in the GOA (including halibut PSC
in the waters adjacent to the GOA
when rockfish primary species and
rockfish secondary species caught by
that vessel are deducted from the Federal TAC specified under § 679.20) used
by a catcher/processor vessel, except
halibut PSC used by a vessel fishing
under a CQ permit in the Central GOA,
will be debited against the sideboard
limit established for the rockfish cooperative or catcher/processor opt-out
vessel, as applicable from July 1 until
July 31.
[67 FR 79734, Dec. 30, 2002, as amended at 77
FR 6502, Feb. 8, 2012; 81 FR 67118, Sept. 30,
2016; 83 FR 30533, June 29, 2018; 84 FR 55053,
Oct. 15, 2019; 86 FR 11904, Mar. 1, 2021]

§ 679.85

Cost recovery.

(a) Cost recovery fees—(1) Responsibility. The person documented on the
rockfish CQ permit as the permit holder at the time of a rockfish CQ landing
must comply with the requirements of
this section.
(i) Subsequent transfer of rockfish
CQ or rockfish QS held by rockfish cooperative members does not affect the
rockfish CQ permit holder’s liability
for noncompliance with this section.
(ii) Non-renewal of a rockfish CQ permit does not affect the CQ permit holder’s liability for noncompliance with
this section.
(iii) Changes in the membership in a
rockfish cooperative, such as members

843

§ 679.85

50 CFR Ch. VI (10–1–23 Edition)

joining or departing during the relevant year, or changes in the amount
of rockfish QS holdings of those members does not affect the rockfish CQ
permit holder’s liability for noncompliance with this section.
(2) Fee collection. All rockfish CQ
holders who receive rockfish CQ are responsible for submitting the cost recovery payment for all rockfish CQ
landings made under the authority of
their rockfish CQ permit.
(3) Payment—(i) Payment due date. A
rockfish CQ permit holder must submit
any rockfish cost recovery fee liability
payment(s) to NMFS at the address
provided in paragraph (a)(3)(iii) of this
section no later than February 15 of
the year following the calendar year in
which the rockfish CQ landings were
made.
(ii) Payment recipient. Make electronic payment payable to NMFS.
(iii) Payment address. Submit payment and related documents as instructed on the fee submission form.
Payments must be made electronically
through the NMFS Alaska Region Web
site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will
be made available on both the payment
Web site and a fee liability summary
letter mailed to the CQ permit holder.
(iv) Payment method. Payment must
be made electronically in U.S. dollars
by automated clearing house, credit
card, or electronic check drawn on a
U.S. bank account.
(b) Rockfish standard ex-vessel value
determination and use—(1) General. A CQ
permit holder must use the rockfish
standard ex-vessel value determined by
NMFS under paragraph (b)(2) of this
section.
(2) Rockfish standard ex-vessel value—
(i) General. Each year the Regional Administrator
will
publish
rockfish
standard ex-vessel values in the FEDERAL REGISTER during the first quarter
of each calendar year. The standard
prices will be described in U.S. dollars
per equivalent pound, for rockfish primary species and rockfish secondary
species landings made by rockfish CQ
holders during the previous calendar
year.
(ii) Effective duration. The rockfish
standard ex-vessel value published by
NMFS shall apply to all rockfish pri-

mary species and rockfish secondary
species landings made by a rockfish CQ
holder during the previous calendar
year.
(iii) Determination. NMFS will calculate the rockfish standard ex-vessel
value to reflect, as closely as possible
by month, the variations in the actual
ex-vessel values of landings based on
information provided in the Rockfish
Ex-vessel Volume and Value Report as
described in § 679.5(r)(10). The Regional
Administrator will base rockfish standard ex-vessel values on the following
types of information:
(A) Landed pounds by rockfish primary species and rockfish secondary
species landings and month;
(B) Total ex-vessel value by rockfish
primary species and rockfish secondary
species landings and month; and
(C) Price adjustments, including retroactive payments.
(c) Rockfish fee percentage—(1) Established percentage. The rockfish fee percentage is the amount as determined
by the factors and methodology described in paragraph (c)(2) of this section. This amount will be announced
by publication in the FEDERAL REGISTER in accordance with paragraph
(c)(3) of this section. This amount must
not exceed 3.0 percent pursuant to 16
U.S.C. 1854(d)(2)(B).
(2) Calculating fee percentage value.
Each year NMFS shall calculate and
publish the fee percentage according to
the following factors and methodology:
(i) Factors. NMFS must use the following factors to determine the fee percentage:
(A) The catch to which the rockfish
cost recovery fee will apply;
(B) The ex-vessel value of that catch;
and
(C) The costs directly related to the
management, data collection, and enforcement of the Rockfish Program.
(ii) Methodology. NMFS must use the
following equations to determine the
fee percentage:
100 × DPC/V
where:
DPC = the direct program costs for the
Rockfish Program for the previous calendar year with any adjustments to the
account from payments received in the
previous year.

844

Fishery Conservation and Management
V = total of the standard ex-vessel value of
the catch subject to the rockfish cost recovery fee liability for the current year.

(3) Publication—(i) General. During
the first quarter of the year following
the calendar year in which the rockfish
CQ landings were made, NMFS shall
calculate the rockfish fee percentage
based on the calculations described in
paragraph (c)(2) of this section.
(ii) Effective period. The calculated
rockfish fee percentage is applied to
rockfish CQ landings made in the previous calendar year.
(4) Applicable percentage. The CQ permit holder must use the rockfish fee
percentage applicable at the time a
rockfish primary species and rockfish
secondary species landing is debited
from a rockfish CQ allocation to calculate the rockfish cost recovery fee liability for any retroactive payments
for that rockfish primary species and
rockfish secondary species.
(5) Fee liability determination for a
rockfish CQ holder. (i) All rockfish CQ
holders will be subject to a fee liability
for any rockfish primary species and
rockfish secondary species CQ debited
from a rockfish CQ allocation during a
calendar year.
(ii) The rockfish fee liability assessed
to a rockfish CQ holder will be based on
the proportion of the standard ex-vessel value of rockfish primary species
and rockfish secondary species debited
from a rockfish CQ holder relative to
all rockfish CQ holders during a calendar year as determined by NMFS.
(iii) NMFS will provide a fee liability
summary letter to all CQ permit holders during the first quarter of the year
following the calendar year in which
the rockfish CQ landings were made.
The summary will explain the fee liability determination including the
current fee percentage, details of rockfish primary species and rockfish secondary species CQ pounds debited from
rockfish CQ allocations by permit, species, date, and prices.
(d) Underpayment of fee liability. (1)
Pursuant to § 679.81(f), no rockfish CQ
holder will receive any rockfish CQ
until the rockfish CQ holder submits a
complete application. A complete application shall include full payment of
an applicant’s complete rockfish cost
recovery fee liability.

§ 679.85
(2) If a rockfish CQ holder fails to
submit full payment for rockfish cost
recovery fee liability by the date described in paragraph (a)(3) of this section, the Regional Administrator may:
(i) At any time thereafter send an
IAD to the CQ permit holder stating
that the CQ permit holder’s estimated
fee liability, as indicated by his or her
own submitted information, is the
rockfish cost recovery fee liability due
from the CQ permit holder.
(ii) Disapprove any application to
transfer rockfish CQ to or from the CQ
permit holder in accordance with
§ 679.81(g).
(3) If a rockfish CQ holder fails to
submit full payment by the rockfish
cost recovery fee liability payment
deadline described at paragraph (a)(3)
of this section:
(i) No CQ permit will be issued to
that rockfish CQ holder for that calendar year; and
(ii) No rockfish CQ will be issued
based on the rockfish QS held by the
members of that rockfish cooperative
to any other CQ permit for that calendar year.
(4) Upon final agency action determining that a CQ permit holder has not
paid his or her rockfish cost recovery
fee liability, the Regional Administrator may continue to prohibit
issuance of a CQ permit for any subsequent calendar years until NMFS receives the unpaid fees. If payment is
not received by the 30th day after the
final agency action, the agency may
pursue collection of the unpaid fees.
(e) Over payment. Upon issuance of
final agency action, payment submitted to NMFS in excess of the rockfish cost recovery fee liability determined to be due by the final agency action will be returned to the CQ permit
holder unless the permit holder requests the agency to credit the excess
amount against the permit holder’s future rockfish cost recovery fee liability. Payment processing fees may be
deducted from any fees returned to the
CQ permit holder.
(f) Appeals. A CQ permit holder who
receives an IAD for incomplete payment of a rockfish fee liability may appeal the IAD pursuant to 50 CFR 679.43.
(g) Annual report. Each year, NMFS
will publish a report describing the

845

§ 679.90

50 CFR Ch. VI (10–1–23 Edition)

rockfish program cost recovery fee program.
[76 FR 81277, Dec. 27, 2011, as amended at 86
FR 11904, Mar. 1, 2021]

Subpart H—Amendment 80
Program
SOURCE: 72 FR 52726, Sept. 14, 2007, unless
otherwise noted.

§ 679.90 Allocation, use, and transfer of
Amendment 80 QS permits.
Regulations under this subpart were
developed by NMFS to implement the
Amendment 80 Program. Additional
regulations that implement specific
portions of the Amendment 80 Program
are set out at § 679.2 Definitions, § 679.4
Permits, § 679.5 Recordkeeping and reporting (R&R), § 679.7 Prohibitions,
§ 679.20 General limitations, § 679.21 Prohibited species bycatch management,
§ 679.27 Improved Retention/Improved
Utilization Program, § 679.28 Equipment and operational requirements,
§ 679.31 CDQ and PSQ reserves, § 679.50
Groundfish Observer Program applicable through December 31, 2007, and
§ 679.64 Harvesting sideboard limits in
other fisheries.
(a) Issuance of Amendment 80 QS permits—(1) General. NMFS will issue an
Amendment 80 QS permit to a person
who is eligible to receive Amendment
80 QS units as described in paragraph
(a)(2) of this section and based on:
(i) The information contained in an
approved application for Amendment
80 QS as described in paragraph (b) of
this section;
(ii) The information contained in the
Amendment 80 official record as described in paragraph (c) of this section;
(iii) The Amendment 80 QS permit allocation procedures as described in
paragraph (d) of this section; and
(iv) In consideration of any use caps
as described in § 679.92(a).
(2) Eligibility to receive an Amendment
80 QS permit—(i) Owner of an Amendment 80 vessel. A person may receive an
Amendment 80 QS permit based on the
legal landings of an Amendment 80 vessel if:
(A) That person owns that Amendment 80 vessel at the time of application for Amendment 80 QS as dem-

onstrated on an abstract of title or
USCG documentation;
(B) That person holds an Amendment
80 LLP license at the time of application for Amendment 80 QS;
(C) That person is a U.S. citizen;
(D) That person submits a timely application for Amendment 80 QS that is
approved by NMFS as described in
paragraph (b) of this section; and
(E) A person is not eligible to receive
an Amendment 80 QS permit based on
the legal landings of that Amendment
80 vessel under the provisions of paragraph (a)(2)(ii) of this section.
(ii) Holder of an Amendment 80 LLP license. A person may receive an Amendment 80 QS permit based on the legal
landings of an Amendment 80 vessel if:
(A) At the time of application for
Amendment 80 QS that person holds
the LLP license originally assigned to
that Amendment 80 vessel and that
Amendment 80 vessel has suffered an
actual total loss, constructive total
loss, or is permanently ineligible to receive a fishery endorsement under 46
U.S.C. 12108;
(B) The actual total loss, constructive total loss, or permanent ineligibility of that Amendment 80 vessel to
receive a fishery endorsement under 46
U.S.C. 12108 has been clearly and unambiguously established and documented
in written form in the application for
Amendment 80 QS and that documentation is accepted by NMFS;
(C) The express terms of a written
contract clearly and unambiguously
provide that the owner(s) of that
Amendment 80 vessel transferred all
rights and privileges to use the Amendment 80 legal landings from that
Amendment 80 vessel to the person
holding the LLP license originally assigned to that Amendment 80 vessel;
(D) That person is a U.S. citizen; and
(E) That person has submitted a
timely application for Amendment 80
QS that is approved by NMFS as described in paragraph (b) of this section.
(b) Application for Amendment 80 QS—
(1) Submission. A person who wishes to
receive an Amendment 80 QS permit
must submit a timely and complete application for Amendment 80 QS. Once a
person submits a timely and complete
application for Amendment 80 QS that
is approved by NMFS, an application

846

Fishery Conservation and Management
for Amendment 80 QS is not required to
be resubmitted. An application for
Amendment 80 QS may only be submitted to NMFS using any one of the
following methods:
(i) Mail: Regional Administrator, c/o
Restricted Access Management Program, NMFS, P.O. Box 21668, Juneau,
AK 99802–1668;
(ii) Fax: 907–586–7354; or
(iii) Hand delivery or carrier: NMFS,
Room 713, 709 West 9th Street, Juneau,
AK 99801.
(2) Application forms. Application
forms are available through the internet on the NMFS Alaska Region Web
site at http://alaskafisheries.noaa.gov, or
by contacting NMFS at 800–304–4846,
Option 2.
(3) Deadline. A completed application
for Amendment 80 QS must be received
by NMFS no later than 1700 hours A.l.t.
on October 15 of the year prior to the
fishing year for which the applicant is
applying, or if sent by U.S. mail, postmarked by that time. Applications received or postmarked after the deadline will not be eligible to receive an
Amendment 80 QS permit for the upcoming fishing year.
(4) Contents of application. A completed application must contain the
following information:
(i) Applicant identification. (A) The applicant’s name, NMFS person ID (if applicable), tax ID number, permanent
business mailing address, business telephone number, business fax number,
and e-mail (if available);
(B) Indicate (YES or NO) if the applicant is a U.S. citizen; if YES, enter his
or her date of birth;
(C) Indicate (YES or NO) if the applicant is a U.S. corporation, partnership,
association, or other business entity; if
YES, enter the date of incorporation;
(D) Indicate (YES or NO) if the applicant is a successor-in-interest to a deceased individual or to a non-individual no longer in existence, if YES
attach evidence of death or dissolution;
(E) Indicate whether the applicant is
applying as the owner of an Amendment 80 vessel or the holder of an LLP
license originally assigned to an
Amendment 80 vessel;
(F) For an applicant claiming
Amendment 80 legal landings associated with an Amendment 80 vessel,

§ 679.90
enter the following information for
each Amendment 80 vessel: USCG documentation number of vessel on which
Amendment 80 legal landings were
caught and processed, vessel name,
ADF&G vessel registration number,
and LLP license held by that person at
the time of application;
(G) If an Amendment 80 vessel has
suffered an actual total loss, constructive total loss, or is permanently ineligible to receive a fishery endorsement
under 46 U.S.C. 12108, provide clear and
unambiguous documentation in written form that the Amendment 80 vessel
has suffered an actual total loss, constructive total loss, or is permanently
ineligible to receive a fishery endorsement under 46 U.S.C. 12108; and
(H) If applicable, a copy of the express terms of a written contract held
by the applicant that clearly and unambiguously indicates that the owner
of the Amendment 80 vessel that has
suffered has an actual total loss, constructive total loss, or is permanently
ineligible to receive a fishery endorsement under 46 U.S.C. 12108 has transferred all rights and privileges to use
Amendment 80 legal landings and any
resulting Amendment 80 QS or exclusive harvest privilege from that
Amendment 80 vessel to the person
holding the LLP license originally assigned to that Amendment 80 vessel.
(ii) Applicant signature and certification. The applicant must sign and
date the application certifying that all
information is true, correct, and complete to the best of his or her knowledge and belief. If the application is
completed by a designated representative, then explicit authorization for the
designated representative signed by the
applicant must accompany the application.
(5) Application evaluation. The Regional Administrator will evaluate applications received as specified in this
paragraph (b)(5) of this section and
compare all claims in an application
with the information in the Amendment 80 official record. Application
claims that are consistent with information in the Amendment 80 official
record will be approved by the Regional
Administrator. Application claims that
are inconsistent with the Amendment
80 official record, unless verified by

847

§ 679.90

50 CFR Ch. VI (10–1–23 Edition)

documentation, will not be approved.
An applicant who submits inconsistent
claims, or an applicant who fails to
submit the information specified in
paragraph (b)(4) of this section, will be
provided a single 30-day evidentiary period in which 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
Amendment 80 official record. An applicant who submits claims that are inconsistent with information in the
Amendment 80 official record has the
burden of proving that the submitted
claims are correct. Any claims that remain inconsistent or that are not accepted after the 30-day evidentiary period will be denied, and the applicant
will be notified by an IAD of his or her
appeal rights under § 679.43.
(6) Appeals. If an applicant is notified
by an IAD that inconsistent claims
made by the applicant have been denied, that applicant may appeal that
IAD under the provisions described at
§ 679.43.
(c) Amendment 80 official record—(1)
Use of the Amendment 80 official record.
The Amendment 80 official record will
contain all information used by the Regional Administrator to determine eligibility to participate in the Amendment 80 Program, assign QS, and any
other privileges or limits for the
Amendment 80 Program.
(2) Amendment 80 official record presumed to be correct. The Amendment 80
official record is presumed to be correct. An applicant to participate in the
Amendment 80 Program has the burden
to prove otherwise.
(3) Documentation is used to establish
the amount of Amendment 80 legal landings. Only Amendment 80 legal landings
as defined in § 679.2 will be used to assign Amendment 80 QS units to an
Amendment 80 QS permit unless an
Amendment 80 vessel has no Amendment 80 legal landings, in which case
Amendment 80 QS units will be allocated to the Amendment 80 QS permit
derived from that Amendment 80 vessel
according to the procedures established
under paragraphs (d)(1)(iii) and (iv) of
this section.
(4) Assignment of Amendment 80 legal
landings. An Amendment 80 legal land-

ing is assigned only to the Amendment
80 vessel that was used to make that
Amendment 80 legal landing.
(d) Assigning an Amendment 80 QS permit to an Amendment 80 QS holder—(1)
Amendment 80 QS units derived from
an Amendment 80 vessel and issued to
an Amendment 80 QS holder. NMFS
will assign a specific amount of
Amendment 80 QS units to each
Amendment 80 QS permit based on the
Amendment 80 legal landings of each
Amendment 80 vessel for each Amendment 80 species in each management
area for that Amendment 80 species as
listed in Table 32 to this part, using information from the Amendment 80 official record according to the following
procedures:
(i) All Amendment 80 species. (A) For
each Amendment 80 species, sum the
Amendment 80 legal landings for each
Amendment 80 vessel in all management areas for that Amendment 80 species listed in Table 32 to this part for
each calendar year from 1998 through
2004.
(B) Select the five calendar years
that yield the highest amount of
Amendment 80 legal landings of that
Amendment 80 species in all management areas for that Amendment 80 species listed in Table 32 to this part, including zero metric tons if necessary.
(C) Sum the Amendment 80 legal
landings of the highest five years for
an Amendment 80 species. This yields
the Highest Five Years for that
Amendment 80 species.
(D) Divide the Highest Five Years for
an Amendment 80 species in paragraph
(d)(1)(i)(C) of this section for an
Amendment 80 vessel by the sum of all
Highest Five Years for all Amendment
80 vessels for that Amendment 80 species based on the Amendment 80 official record for that Amendment 80 species as presented in the following equation:
Highest Five Years/S All Highest Five
Years × 100 = Percentage of the
Total.
The result (quotient) of this equation
is the Percentage of the Total for that
Amendment 80 vessel for that Amendment 80 species.
(ii) Aleutian Islands Pacific ocean
perch and BSAI Pacific cod. Multiply

848

Fishery Conservation and Management
the Percentage of the Total for that
Amendment 80 vessel for Aleutian Islands Pacific ocean perch and BSAI Pacific cod as calculated in paragraph
(d)(1)(i)(D) of this section by the
Amendment 80 initial QS pool for Aleutian Islands Pacific ocean perch and
BSAI Pacific cod as set forth in Table
32 to this part. This yields the number
of Amendment 80 QS units for that
Amendment 80 vessel for Aleutian Islands Pacific ocean perch and BSAI Pacific cod Pacific cod.
(iii) BSAI rock sole and BSAI yellowfin
sole. (A) If an Amendment 80 vessel did
not have any Amendment 80 legal landings during 1998 through 2004, that
Amendment 80 vessel will receive 0.5
percent of the Percentage of the Total
for BSAI rock sole and BSAI yellowfin
sole as calculated in paragraph
(d)(1)(i)(D) of this section.
(B) All Amendment 80 vessels that
did have Amendment 80 legal landings
will have the Percentage of the Total
assigned to that Amendment 80 vessel
as calculated in paragraph (d)(1)(i)(D)
of this section adjusted to account for
the assignment of the Percentage of
the Total to Amendment 80 vessels
under paragraph (d)(1)(iii)(A) of this
section for BSAI rock sole and BSAI
yellowfin sole as presented in the following equation:
Percentage of the Total for that
Amendment 80 vessel × (100-S Percentage of the Total assigned to all
Amendment 80 vessels under paragraph (d)(1)(iii)(A) of this section) =
Adjusted Percentage of the Total
for that Amendment 80 vessel.
(C) Multiply the Adjusted Percentage
of the Total for that Amendment 80
vessel by the Amendment 80 initial QS
pool for BSAI rock sole and BSAI yellowfin sole as set forth in Table 32 to
this part. This yields the number of
Amendment 80 QS units for that
Amendment 80 vessel for BSAI rock
sole or BSAI yellowfin sole.
(iv) BSAI flathead sole. (A) If an
Amendment 80 vessel did not have any
Amendment 80 legal landings during
1998 through 2004, that Amendment 80
vessel will receive 0.1 percent of the
Percentage of the Total for BSAI flathead sole as calculated in paragraph
(d)(1)(i)(D) of this section.

§ 679.90
(B) All Amendment 80 vessels that
did have Amendment 80 legal landings
during 1998 through 2004 will have the
Percentage of the Total assigned to
that Amendment 80 vessel as calculated in paragraph (d)(1)(i)(D) of this
section adjusted to account for the assignment of the Percentage of the
Total to Amendment 80 vessels under
paragraph (d)(1)(iv)(A) of this section
for BSAI flathead sole as presented in
the following equation:
Percentage of the Total for that
Amendment 80 vessel × (100-S Percentage of the Total assigned to all
Amendment 80 vessels under paragraph (d)(1)(iv)(A) of this section) =
Adjusted Percentage of the Total
for that Amendment 80 vessel.
(C) Multiply the Adjusted Percentage
of the Total for that Amendment 80
vessel by the Amendment 80 initial QS
pool for BSAI flathead sole as set forth
in Table 32 to this part. This yields the
number of Amendment 80 QS units for
that Amendment 80 vessel for BSAI
flathead sole.
(v) BSAI Atka mackerel. (A) Multiply
the Percentage of the Total for that
Amendment 80 vessel as calculated in
paragraph (d)(1)(i)(D) of this section by
the Amendment 80 initial QS pool for
BSAI Atka mackerel as set forth in
Table 32 to this part. This yields the
number of Amendment 80 QS units for
that Amendment 80 vessel for BSAI
Atka mackerel.
(B) If an Amendment 80 vessel is an
Amendment 80 non-mackerel vessel,
determine the percentage of the
Amendment 80 QS pool that is assigned
to each Atka mackerel management
area listed in Table 32 to this part in
each year from 1998 through 2004 for
that Amendment 80 non-mackerel vessel based on the percentage of Amendment 80 legal landings in that Atka
mackerel management area from 1998
through 2004 for that Amendment 80
non-mackerel vessel.
(C) The sum of the Amendment 80 QS
units allocated to all Amendment 80
non-mackerel vessels is the Total
Amendment 80 non-mackerel QS pool.
(D) The sum of the Amendment 80 QS
units allocated to all Amendment 80
mackerel vessels is the Total Amendment 80 mackerel QS pool.

849

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50 CFR Ch. VI (10–1–23 Edition)

(2) Assigning Amendment 80 QS units to
an Amendment 80 permit. Once the Regional Administrator determines the
amount of Amendment 80 QS units to
be issued for an Amendment 80 species
derived from an Amendment 80 vessel
based on the criteria described in paragraphs (b) through (d) of this section,
NMFS will assign that amount of
Amendment 80 QS units for each
Amendment 80 species as an Amendment 80 QS permit to the Amendment
80 QS holder as follows:
(i) Amendment 80 vessel owner. NMFS
will issue an Amendment 80 QS permit
for each Amendment 80 vessel to the
owner of that Amendment 80 vessel if
that person submitted a timely and
complete Application for Amendment
80 QS that was approved by NMFS
under paragraph (a)(2)(i) of this section; or
(ii) Amendment 80 LLP/QS license.
NMFS will issue an Amendment 80 QS
permit as an endorsement on an
Amendment 80 LLP license to the holder of an LLP license originally assigned to an Amendment 80 vessel listed in Column A of Table 31 to this part,
under the provisions of § 679.4(k)(7), if
that person submitted a timely and
complete Application for Amendment
80 QS that was approved by NMFS
under paragraph (a)(2)(ii) of this section.
(e) Transfers of Amendment 80 QS permits—(1) Non-severability of Amendment
80 QS permits. (i) An Amendment 80 QS
holder may not transfer an Amendment 80 QS permit to another person
unless all Amendment 80 QS units for
all Amendment 80 species on that
Amendment 80 QS permit are transferred in their entirety to the same
person at the same time; and
(ii) If an Amendment 80 QS permit is
assigned to an Amendment 80 LLP license originally assigned to an Amendment 80 vessel, that Amendment 80
LLP license is designated as an Amendment 80 LLP/QS license. A person may
not separate the Amendment 80 QS permit from that Amendment 80 LLP/QS
license.
(2) Transfer of an Amendment 80 LLP/
QS license. A person holding an Amendment 80 LLP/QS license may transfer
that Amendment 80 LLP/QS license to

another person only under the provisions of § 679.4(k)(7).
(3) Transfers of Amendment 80 QS permits. (i) A person holding an Amendment 80 QS permit assigned to an
Amendment 80 vessel may transfer
that Amendment 80 QS permit to another person, to the LLP license originally assigned to an Amendment 80
vessel, or to a vessel approved by
NMFS as an Amendment 80 replacement vessel in accordance with
§ 679.4(o)(4) by submitting an Application to Transfer an Amendment 80 QS
permit that is approved by NMFS
under the provisions of paragraph (f) of
this section.
(ii) A person holding an Amendment
80 LLP license that is designated as an
Amendment 80 LLP/QS license may
designate a vessel approved as an
Amendment 80 replacement vessel by
submitting an Application For Transfer
License
Limitation
Program
Groundfish/Crab License that is approved by NMFS under the provisions
of paragraph (f) of this section.
(4) Assigning an Amendment 80 QS permit to an Amendment 80 LLP license. An
Amendment 80 vessel owner holding an
Amendment 80 QS permit assigned to
an Amendment 80 vessel may transfer
that Amendment 80 QS permit to the
LLP license originally assigned to that
Amendment 80 vessel only by submitting an application to transfer an
Amendment 80 QS permit that is approved by NMFS under the provisions
of paragraph (f) of this section.
(f) Application to Transfer Amendment
80 QS. A person holding an Amendment
80 QS permit who wishes to transfer
the Amendment 80 QS permit to the
LLP license originally assigned to the
Amendment 80 vessel, or transfer the
Amendment 80 QS permit to another
person, or transfer the Amendment 80
QS permit to an Amendment 80 replacement vessel must submit to
NMFS a complete Application to
Transfer an Amendment 80 QS permit.
The holder of an Amendment 80 LLP/
QS license may designate the replacement vessel on the LLP license by
using the Application for Transfer License Limitation Program Groundfish/
Crab License. An application must contain the information specified on the

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Fishery Conservation and Management
form, with all required fields accurately completed and all required documentation attached. This application
must be submitted to NMFS using the
methods described on the application.
[72 FR 52726, Sept. 14, 2007, as amended at 76
FR 40633, July 11, 2011; 77 FR 59871, Oct. 1,
2012]

§ 679.91 Amendment 80 Program annual harvester privileges.
(a) Assigning an Amendment 80 QS permit to an Amendment 80 cooperative or
Amendment 80 limited access fishery—(1)
General. (i) Each calendar year, each
Amendment 80 QS permit, associated
Amendment 80 vessel, and Amendment
80 LLP license must be assigned to an
Amendment 80 cooperative or the
Amendment 80 limited access fishery
in order to use that Amendment 80 QS
permit, associated Amendment 80 vessel, and Amendment 80 LLP license to
catch, process, or receive Amendment
80 species, crab PSC, or halibut PSC assigned to the Amendment 80 sector.
(ii) NMFS will assign an Amendment
80 QS permit(s), associated Amendment
80 vessel(s), and Amendment 80 LLP license(s) held by an Amendment 80 QS
holder to an Amendment 80 cooperative
if that Amendment 80 QS permit(s), associated Amendment 80 vessel(s), and
Amendment 80 LLP license(s) is designated on an application for CQ that
is approved by the Regional Administrator as described under paragraph (b)
of this section.
(iii) NMFS will assign an Amendment 80 QS permit(s), associated
Amendment 80 vessel(s), and Amendment 80 LLP license(s) held by an
Amendment 80 QS holder to the
Amendment 80 limited access fishery if
that Amendment 80 QS permit(s), associated Amendment 80 vessel(s), and
Amendment 80 LLP license(s) is assigned to the Amendment 80 limited
access fishery.
(2) Amendment 80 QS permits issued
after issuance of CQ or ITAC. Any
Amendment 80 QS permits, or Amendment 80 QS units on an Amendment 80
QS permit, assigned to an Amendment
80 QS holder after NMFS has issued CQ
or ITAC to the Amendment 80 sector
for a calendar year will not result in
any additional:

§ 679.91
(i) CQ being issued to an Amendment
80 cooperative if that Amendment 80
QS holder has assigned his Amendment
80 QS permit(s) to an Amendment 80
cooperative for that calendar year; or
(ii) ITAC being issued to the Amendment 80 limited access fishery if that
Amendment 80 QS holder has assigned
his Amendment 80 QS permit(s) to the
Amendment 80 limited access fishery
for that calendar year.
(3) Failure to submit an application for
an Amendment 80 fishery. (i) If an
Amendment 80 QS permit is not designated on a timely and complete application for CQ that is approved by
the Regional Administrator as described under paragraph (b) of this section, the Regional Administrator will
not assign that Amendment 80 QS permit, associated Amendment 80 vessel,
or Amendment 80 LLP license to an
Amendment 80 cooperative for the applicable calendar year.
(ii) The Regional Administrator will
assign an Amendment 80 QS permit, associated Amendment 80 vessel, or
Amendment 80 LLP license to the
Amendment 80 limited access fishery
for the applicable calendar year if that
Amendment 80 QS permit, associated
Amendment 80 vessel, or Amendment
80 LLP license is designated on a timely and complete application for an
Amendment 80 limited access fishery,
or if that Amendment 80 QS permit, associated Amendment 80 vessel, or
Amendment 80 LLP license is not designated on a timely and complete application for CQ that is approved by
the Regional Administrator as described under paragraph (b) of this section.
(b) Application for CQ and Application
for the Amendment 80 limited access fishery—(1) General. An application for CQ
or an application for the Amendment
80 limited access fishery may only be
submitted to NMFS using any one of
the following methods:
(i) Mail: Regional Administrator, c/o
Restricted Access Management Program, NMFS, P.O. Box 21668, Juneau,
AK 99802–1668;
(ii) Fax: 907–586–7354; or
(iii) Hand delivery or carrier: NMFS,
Room 713, 709 West 9th Street, Juneau,
AK 99801.

851

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50 CFR Ch. VI (10–1–23 Edition)

(iv)
Electronic:
http://
alaskafisheries.noaa.gov.
(2) Application forms. Application
forms are available on the NMFS Alaska
Region
website
at
http://
alaskafisheries.noaa.gov, or by contacting NMFS at 800–304–4846, Option 2.
(3) Deadline. A completed application
must be received by NMFS no later
than 1700 hours A.l.t. on November 1 of
the year prior to the calendar year for
which the applicant is applying, or if
sent by U.S. mail, the application must
be postmarked by that time.
(4) Application for CQ—(i) Amendment
80 cooperative identification. The Amendment 80 cooperative’s legal name; tax
ID number, the type of business entity
under which the Amendment 80 cooperative is organized; the state in which
the Amendment 80 cooperative is legally registered as a business entity;
permanent business address; business
telephone number; business fax number; e-mail address (if available); and
printed name of the Amendment 80 cooperative’s designated representative.
(ii) Identification of Amendment 80 QS
permit holders and ownership documentation. Full name of each Amendment 80
cooperative member; NMFS person ID
of each member; Amendment 80 QS permit number(s), the names of all persons, to the individual level, holding an
ownership interest in the Amendment
80 QS permit(s) assigned to the Amendment 80 cooperative and the percentage
ownership each person and individual
holds in the Amendment 80 QS permit(s).
(iii) Identification of Amendment 80 cooperative member vessels and Amendment
80 LLP licenses. Vessel name; ADF&G
vessel registration number; USCG documentation number; and Amendment
80 LLP license number.
(iv) Identification of vessels on which
the CQ issued to the Amendment 80 cooperative will be used. Vessel name,
ADF&G vessel registration number,
and USCG documentation number.
(v) EDR submission. For 2009 and
thereafter, indicate (YES or NO)
whether each member of the Amendment 80 cooperative has submitted a
timely and complete EDR for each
Amendment 80 QS permit held by that
person as required under § 679.94.

(vi) Certification of cooperative authorized representative. The cooperative’s
authorized representative must sign
and date the application certifying
that all information is true, correct,
and complete to the best of his or her
knowledge and belief. Explicit authorization to complete the application on
behalf of the members of the cooperative must accompany the application.
(vii) Copy of membership agreement or
contract. Attach a copy of the membership agreement or contract that includes terms that list:
(A) How the Amendment 80 cooperative intends to catch its CQ; and
(B) The obligations of Amendment 80
QS holders who are members of an
Amendment 80 cooperative to ensure
the full payment of Amendment 80 fee
liabilities that may be due.
(5) Application for the Amendment 80
limited access fishery—(i) Applicant identification. The applicant’s name, NMFS
Person ID (if applicable), tax ID number (required), permanent business
mailing address, business telephone
number, fax number, and e-mail (if
available).
(ii) Amendment 80 vessel identification.
The name, ADF&G vessel registration
number(s), and USCG documentation
number(s) of the Amendment 80 vessel(s) owned by the applicant.
(iii) Amendment 80 LLP identification.
The Amendment 80 LLP license number(s) held by the applicant.
(iv) Amendment 80 QS permit information. The Amendment 80 QS permit
number(s) held by the applicant.
(v) Amendment 80 QS ownership documentation. The names of all persons, to
the individual person level, holding an
ownership interest in the Amendment
80 QS permit(s) held by the applicant
and the percentage ownership each person and individual holds in the Amendment 80 QS permit(s).
(vi) EDR submission. For 2009 and
thereafter, indicate (YES or NO)
whether the applicant has submitted a
timely and complete EDR for each
Amendment 80 QS permit held by that
person as required under § 679.94.
(vii) Applicant signature and certification. The applicant must sign and
date the application certifying that all

852

Fishery Conservation and Management
information is true, correct, and complete to the best of his or her knowledge and belief. If the application is
completed by a designated representative, then explicit authorization signed
by the applicant must accompany the
application.
(c) Allocations of Amendment 80 species—(1) General. Each calendar year,
the Regional Administrator will determine the tonnage of Amendment 80
species that will be assigned to the
BSAI trawl limited access sector and
the Amendment 80 sector. For participants in the Amendment 80 sector, the
tonnage of fish will be further assigned
between Amendment 80 cooperatives
and the Amendment 80 limited access
fishery.
(2) Calculation—(i) Determination of
TAC and ITAC. NMFS will determine
the TAC and ITAC for each Amendment 80 species in a calendar year in
the annual harvest specification process in § 679.20.
(ii) Annual apportionment of ITAC.
The annual apportionment of ITAC for
each Amendment 80 species between
the Amendment 80 sector and the BSAI
trawl limited access sector in a given
calendar year is established in Tables
33 and 34 to this part.
(3) Allocation of CQ to Amendment 80
cooperatives—(i) General. The amount of
ITAC for each Amendment 80 species
assigned to an Amendment 80 cooperative is equal to the amount of Amendment 80 QS units assigned to that
Amendment 80 cooperative by Amendment 80 QS holders divided by the total
Amendment 80 QS pool multiplied by
the Amendment 80 sector ITAC for that
Amendment 80 species in that management area. Once ITAC for an Amendment 80 species in a management area
is assigned to an Amendment 80 cooperative, it is issued as CQ specific to
that Amendment 80 cooperative.
(ii) CQ allocation for Amendment 80
species except BSAI Atka mackerel. The
amount of CQ for each Amendment 80
species except BSAI Atka mackerel
that is assigned to a Amendment 80 cooperative is expressed algebraically as
follows:
CQ in a management area = [(Amendment 80 sector ITAC in a management area) × (Amendment 80 QS
units assigned to that Amendment

§ 679.91
80 cooperative/Amendment 80 QS
pool)].
(iii) CQ allocation for BSAI Atka mackerel. The amount of CQ for BSAI Atka
mackerel that is assigned to each
Amendment 80 cooperative in each
management area is determined by the
following procedure:
(A) Determine the amount of nonmackerel ITAC in each management
area using the following equation:
Non-mackerel ITAC in a management
area = (Amendment 80 non-mackerel QS units designated for that
management
area/Total
Atka
mackerel QS pool) × Amendment 80
sector ITAC in all management
areas.
(B) Determine the amount of mackerel ITAC in each management area
using the following equation:
Mackerel ITAC in a management area
= Amendment 80 sector ITAC in
that management area ¥ Nonmackerel ITAC in that management area.
(C) Determine the amount of nonmackerel CQ assigned to the Amendment 80 cooperative using the following equation:
Non-mackerel CQ assigned to that
Amendment
80
cooperative
=
(Amendment 80 non-mackerel QS
units designated for that management area assigned to that Amendment 80 cooperative/Amendment 80
non-mackerel QS pool in that management area) × Non-mackerel
ITAC for that management area.
(D) Determine the amount of mackerel CQ assigned to the Amendment 80
cooperative using the following equation:
Mackerel CQ in a management area =
(Mackerel QS units assigned to
that Amendment 80 cooperative/
Mackerel QS pool) × Mackerel
ITAC in that management area.
(E) The total amount of Atka mackerel CQ assigned to an Amendment 80
cooperative for a management area is
equal to the sum of paragraphs
(c)(3)(iii)(C) and (D) of this section.
(4) Amendment 80 limited access fishery.
The amount of ITAC in a management

853

§ 679.91

50 CFR Ch. VI (10–1–23 Edition)

area for each Amendment 80 species assigned to the Amendment 80 limited
access fishery is equal to the Amendment 80 sector ITAC remaining after
subtracting all CQ issued to all Amendment 80 cooperatives for that Amendment 80 species in that management
area.
(d) Allocations of halibut PSC—(1)
Amount of Amendment 80 halibut PSC for
the Amendment 80 sector. The amount of
halibut PSC limit for the Amendment
80 sector for each calendar year is specified in Table 35 to this part. That halibut PSC is then assigned to Amendment 80 cooperatives and the Amendment 80 limited access fishery pursuant
to paragraphs (d)(2) and (3) of this section. If one or more Amendment 80 vessels participate in the Amendment 80
limited access fishery, the halibut PSC
limit assigned to the Amendment 80
sector will be reduced pursuant to
paragraph (d)(3) of this section.
(2) Amount of Amendment 80 halibut
PSC assigned to an Amendment 80 cooperative. For each calendar year, the
amount of Amendment 80 halibut PSC
assigned as CQ to an Amendment 80 cooperative is determined by the following procedure:
(i) Multiply the amount of halibut
PSC established in Table 35 to this part
by the percentage of the Amendment 80
halibut PSC apportioned to each
Amendment 80 species as established in
Table 36 to this part. This yields the
halibut PSC apportionment for that
Amendment 80 species.
(ii) For each Amendment 80 species,
divide the amount of Amendment 80 QS
units assigned to an Amendment 80 cooperative by the Amendment 80 QS
pool. This yields the percentage of
Amendment 80 QS units held by that
Amendment 80 cooperative.
(iii) For each Amendment 80 species,
multiply the halibut PSC apportionment for that Amendment 80 species
established in paragraph (d)(2)(i) of this
section by the percentage of the
Amendment 80 QS pool assigned to an
Amendment 80 cooperative for that
Amendment 80 species established in
paragraph (d)(2)(ii) of this section. This
yields the amount of halibut PSC apportioned to that cooperative for that
Amendment 80 species.

(iv) For each Amendment 80 cooperative, sum the results of paragraph
(d)(2)(iii) of this section for all Amendment 80 species. This yields the
amount of Amendment 80 halibut PSC
assigned to that Amendment 80 cooperative as CQ.
(3) Amount of Amendment 80 halibut
PSC assigned to the Amendment 80 limited
access fishery. The amount of Amendment 80 halibut PSC assigned to the
Amendment 80 limited access fishery is
equal to the amount of halibut PSC assigned to the Amendment 80 sector, as
specified in Table 35 to this part, subtracting the amount of Amendment 80
halibut PSC assigned as CQ to all
Amendment 80 cooperatives as determined in paragraph (d)(2)(iv) of this
section, multiplied by 80 percent.
(4) Use of Amendment 80 halibut PSC in
the Amendment 80 sector—(i) Amendment
80 halibut PSC assigned to a Amendment
80 cooperative. An amount of Amendment 80 halibut PSC is assigned to the
CQ permit issued to an Amendment 80
cooperative for use while fishing for all
groundfish species in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing
season. Any halibut PSC used by an
Amendment 80 cooperative must be deducted from the amount of halibut PSC
CQ on its CQ permit. Amendment 80
halibut PSC on a CQ permit may only
be used by the members of the Amendment 80 cooperative to which it is assigned. Halibut PSC assigned as CQ is
not subject to seasonal apportionment
under § 679.21.
(ii) Amendment 80 halibut PSC assigned
to the Amendment 80 limited access fishery. An amount of Amendment 80 halibut PSC is assigned to the Amendment 80 limited access fishery for use
by all Amendment 80 vessels in the
Amendment 80 limited access fishery
while fishing for all groundfish species
in the BSAI or adjacent waters open by
the State of Alaska for which it adopts
a Federal fishing season. Any halibut
PSC used by Amendment 80 vessels assigned to the Amendment 80 limited
access fishery must be deducted from
the amount of halibut PSC assigned to
the Amendment 80 limited access fishery. Amendment 80 halibut PSC assigned to the Amendment 80 limited

854

Fishery Conservation and Management
access fishery is subject to seasonal apportionment under § 679.21.
(5) Halibut PSC assigned to the BSAI
trawl limited access sector. Halibut PSC
assigned to the BSAI trawl limited access sector for groundfish fishing in the
BSAI may only be used by the members of the BSAI trawl limited access
sector unless modified by reallocation
to Amendment 80 cooperatives according to the procedures in paragraph (f)
of this section. Halibut PSC assigned
to the BSAI trawl limited access sector
is subject to seasonal apportionment
under § 679.21.
(e) Allocations of crab PSC—(1) Amount
of Amendment 80 crab PSC assigned to the
Amendment 80 sector. The amount of
Amendment 80 crab PSC assigned to
the Amendment 80 sector for each
Amendment 80 crab PSC in a calendar
year is specified in Table 35 to this
part. That amount of Amendment 80
crab PSC is then assigned to Amendment 80 cooperatives and the Amendment 80 limited access fishery.
(2) Amount of Amendment 80 crab PSC
assigned to an Amendment 80 cooperative.
For each calendar year, for each
Amendment 80 crab PSC, the amount
assigned as CQ to an Amendment 80 cooperative is determined by the following procedure:
(i) Multiply the amount of an Amendment 80 crab PSC established in Table
35 to this part by the percentage of the
Amendment 80 crab PSC apportioned
to each Amendment 80 species as established in Table 36 to this part. This
yields the Amendment 80 crab PSC apportionment for that Amendment 80
species.
(ii) For each Amendment 80 species,
divide the amount of Amendment 80 QS
units assigned to an Amendment 80 cooperative by the Amendment 80 QS
pool. This yields the percentage of
Amendment 80 QS units held by that
Amendment 80 cooperative.
(iii) For each Amendment 80 species,
multiply the Amendment 80 crab PSC
apportionment to that Amendment 80
species
established
in
paragraph
(e)(2)(i) of this section by the percentage of the Amendment 80 QS pool held
by an Amendment 80 cooperative as established in paragraph (e)(2)(ii) of this
section. This yields the amount of
Amendment 80 crab PSC apportioned

§ 679.91
to that Amendment 80 cooperative for
that Amendment 80 species.
(iv) For each Amendment 80 crab
PSC, sum the results of paragraph
(e)(2)(iii) for all Amendment 80 species.
This yields the amount of that Amendment 80 crab PSC assigned to that
Amendment 80 cooperative.
(3) Amount of Amendment 80 crab PSC
assigned to the Amendment 80 limited access fishery. The amount of each
Amendment 80 crab PSC assigned to
the Amendment 80 limited access fishery is equal to the amount of that
Amendment 80 crab PSC assigned to
the Amendment 80 sector specified in
Table 35 to this part subtracting the
amount of that crab PSC that has been
assigned as CQ to all Amendment 80 cooperatives as determined in paragraph
(e)(2)(iv) of this section.
(4) Use of Amendment 80 crab PSC in
the Amendment 80 sector—(i) Amendment
80 crab PSC assigned to an Amendment 80
cooperative. An amount of Amendment
80 crab PSC is assigned to the CQ permit issued to an Amendment 80 cooperative for use while fishing for all
groundfish species in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing
season. Any Amendment 80 crab PSC
used by an Amendment 80 cooperative
must be deducted from the amount of
Amendment 80 crab PSC CQ on its CQ
permit. Amendment 80 crab PSC on a
CQ permit may only be used by the
members of the Amendment 80 cooperative to which it is assigned. Amendment 80 crab PSC assigned as CQ is not
subject to seasonal apportionment
under § 679.21.
(ii) Amendment 80 halibut PSC assigned
to the Amendment 80 limited access fishery. An amount of Amendment 80 crab
PSC is assigned to the Amendment 80
limited access fishery for use by all
Amendment 80 vessels in the Amendment 80 limited access fishery while
fishing for all groundfish species in the
BSAI or adjacent waters open by the
State of Alaska for which it adopts a
Federal fishing season. Any Amendment 80 crab PSC used by Amendment
80 vessels assigned to the Amendment
80 limited access fishery must be deducted from the amount of Amendment

855

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50 CFR Ch. VI (10–1–23 Edition)

80 crab PSC assigned to the Amendment 80 limited access fishery. Amendment 80 crab PSC assigned to the
Amendment 80 limited access fishery is
subject to seasonal apportionment
under § 679.21.
(5) Amendment 80 crab PSC assigned to
the BSAI trawl limited access sector.
Amendment 80 crab PSC assigned to
the BSAI trawl limited access sector
for groundfish fishing in the BSAI may
only be used by the members of the
BSAI trawl limited access sector unless
modified by reallocation to Amendment 80 cooperatives according to the
procedures in paragraph (f) of this section. Amendment 80 crab PSC assigned
to the BSAI trawl limited access sector
is subject to seasonal apportionment
under § 679.21.
(f) Rollover—Annual reallocation of an
Amendment 80 species ICA or ITAC, crab
PSC, and halibut PSC from the BSAI
trawl limited access sector to Amendment
80 cooperatives—(1) General. The Regional Administrator may reallocate a
portion of an ICA or ITAC of an
Amendment 80 species, crab PSC, or
halibut PSC amount assigned to the
BSAI trawl limited access sector to
Amendment 80 cooperatives if the
amount assigned to the BSAI trawl
limited access sector is projected not
to be harvested or used. Any reallocation will result in an amended CQ permit for each Amendment 80 cooperative. The timing of a reallocation will
be at the discretion of the Regional Administrator.
(2) Factors considered. The Regional
Administrator may consider the following factors when reallocating an
ICA, a directed fishing allowance of an
Amendment 80 species, or crab PSC, or
halibut PSC amounts from the BSAI
trawl limited access sector to Amendment 80 cooperatives:
(i) The risk of biological harm to a
groundfish species or species group;
(ii) The risk of socioeconomic harm
to other domestic fishery participants;
(iii) The impact that the allocation
might have on the socioeconomic wellbeing of Amendment 80 cooperatives;
(iv) Current catch and PSC use in the
BSAI trawl limited access sector;
(v) Historic catch and PSC use in the
BSAI trawl limited access sector;

(vi) Harvest capacity and any stated
intent on the future harvesting patterns of vessels in the BSAI trawl limited access sector;
(vii) Administrative requirements to
reissue CQ permits; and
(viii) Any other relevant biological,
socioeconomic, or administrative factors.
(3) Rollover of Amendment 80 species. If,
during a fishing year, the Regional Administrator determines that a reallocation of a portion of the ITAC or ICA of
an Amendment 80 species assigned to
the BSAI trawl limited access sector to
Amendment 80 cooperatives is appropriate, the Regional Administrator will
issue a revised CQ permit to reallocate
that amount of Amendment 80 species
to each Amendment 80 cooperative according to the following formula:
Amount of additional CQ issued to an
Amendment
80
cooperative
=
Amount of Amendment 80 species
available
for
reallocation
to
Amendment 80 cooperatives ×
(Amount of CQ for that Amendment 80 species initially assigned
to that Amendment 80 cooperative /
S CQ for that Amendment 80 species
initially assigned to all Amendment 80 cooperatives).
(4) Rollover of halibut PSC. If, during a
fishing year, the Regional Administrator determines that a reallocation
of a portion of the halibut PSC assigned to the BSAI trawl limited access
sector to Amendment 80 cooperatives is
appropriate, the Regional Administrator will issue a revised CQ permit to
reallocate that amount of halibut PSC
to each Amendment 80 cooperative according to the following procedure:
(i) Multiply the amount of the halibut PSC limit to be reallocated by 95
percent (0.95). This yields the maximum amount of halibut PSC available
for allocation to Amendment 80 cooperatives; and
(ii) Determine the halibut PSC CQ
issued to each Amendment 80 cooperative according to the following formula:
Amount of additional CQ issued to an
Amendment 80 cooperative = Maximum amount of halibut PSC available for reallocation to Amendment

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Fishery Conservation and Management
80 cooperatives × (Amount of halibut PSC CQ initially assigned to
that Amendment 80 cooperative / S
halibut PSC CQ initially assigned
to all Amendment 80 cooperatives).
(5) Rollover of crab PSC. If, during a
fishing year, the Regional Administrator determines that a reallocation
of a portion of a crab PSC assigned to
the BSAI trawl limited access sector to
Amendment 80 cooperatives is appropriate, the Regional Administrator will
issue a revised CQ permit to reallocate
that amount of crab PSC to each
Amendment 80 cooperative according
to the following formula:
Amount of CQ issued to an Amendment
80 cooperative = Amount of that
crab PSC available for allocation
to Amendment 80 cooperatives ×
(Amount of that crab PSC CQ initially assigned to that Amendment
80 cooperative / S that crab PSC CQ
initially assigned to all Amendment 80 cooperatives).
(g) Application for inter-cooperative
transfer of Amendment 80 CQ—(1) Completed application. NMFS will process
an application for inter-cooperative
transfer of Amendment 80 cooperative
quota (CQ) provided that a paper or
electronic application is completed by
the transferor and transferee, with all
applicable fields accurately filled in,
and all required additional documentation is attached.
(2) Amendment 80 species CQ assignment. Amendment 80 species CQ must
be assigned to a member of the Amendment 80 cooperative receiving the CQ
for purposes of use cap calculations. No
member of an Amendment 80 cooperative may exceed the CQ use cap applicable to that member.
(3) Total amount of Amendment 80 species CQ. For purposes of Amendment 80
species CQ use cap calculations, the
total amount of Amendment 80 species
CQ held or used by a person is equal to
all metric tons of Amendment 80 species CQ derived from all Amendment 80
QS units on all Amendment 80 QS permits held by that person and assigned
to the Amendment 80 cooperative and
all metric tons of Amendment 80 species CQ assigned to that person by the
Amendment 80 cooperative from approved transfers.

§ 679.91
(4) Amendment 80 QS units. The
amount of Amendment 80 QS units held
by a person, and CQ derived from those
Amendment 80 QS units, is calculated
using the individual and collective use
cap rule established in § 679.92(a).
(5) Certification of transferor—(i) Nonelectronic submittal. The transferor’s
designated representative must sign
and date the application certifying
that all information is true, correct,
and complete. The transferor’s designated representative must submit
the paper application as indicated on
the application.
(ii) Electronic submittal. The transferor’s designated representative must
log into the system and create a transfer request as indicated on the computer screen. By using the transferor’s
NMFS ID, password, and Transfer Key
and submitting the transfer request,
the designated representative certifies
that all information is true, correct,
and complete.
(6) Certification of transferee—(i) Nonelectronic submittal. The transferee’s
designated representative must sign
and date the application certifying
that all information is true, correct,
and complete.
(ii) Electronic submittal. The transferee’s designated representative must
log into the system and accept the
transfer request as indicated on the
computer screen. By using the transferee’s NMFS ID, password and Transfer Key, the designated representative
certifies that all information is true,
correct, and complete.
(h) Amendment 80 cooperative—(1) General. This section governs the formation and operation of Amendment 80
cooperatives. The regulations in this
section apply only to Amendment 80
cooperatives that have formed for the
purpose of applying for and fishing
with CQ issued annually by NMFS.
Members of Amendment 80 cooperatives should consult legal counsel before commencing any activity if the
members are uncertain about the legality under the antitrust laws of the
Amendment 80 cooperative’s proposed
conduct. Membership in an Amendment 80 cooperative is voluntary. No
person may be required to join an
Amendment 80 cooperative. If a person
becomes the owner of an Amendment

857

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50 CFR Ch. VI (10–1–23 Edition)

80 vessel or a holder of an Amendment
80 LLP/QS license that has been assigned to an Amendment 80 cooperative, then that person may join that
Amendment 80 cooperative as a member upon receipt of that Amendment 80
vessel or Amendment 80 LLP/QS license. Members may leave an Amendment 80 cooperative, but any CQ contributed by the Amendment 80 QS permit(s) held by that member will remain with that Amendment 80 cooperative for the duration of the calendar
year.
(2) Legal and organizational requirements. An Amendment 80 cooperative
must meet the following legal and organizational requirements before it is
eligible to receive CQ:
(i) Each Amendment 80 cooperative
must be formed as a partnership, corporation, or other legal business entity
that is registered under the laws of one
of the 50 states or the District of Columbia;

(ii) Each Amendment 80 cooperative
must appoint an individual as the designated representative to act on the
Amendment 80 cooperative’s behalf and
to serve as a contact point for NMFS
for questions regarding the operation
of the Amendment 80 cooperative. The
designated representative may be a
member of the Amendment 80 cooperative, or some other individual designated by the Amendment 80 cooperative to act on its behalf;
(iii) Each Amendment 80 cooperative
must submit a timely and complete application for CQ; and
(iv) Each Amendment 80 cooperative
must meet the mandatory requirements established in paragraphs (h)(3)
and (4) of this section applicable to
that Amendment 80 cooperative.
(3) Mandatory requirements. The following table describes the requirements to form an Amendment 80 cooperative:

(i) Who may join an Amendment 80 cooperative? .....................

Any Amendment 80 QS holder named on a timely and complete application for CQ for that calendar year that is approved by NMFS. Individuals who are not Amendment 80
QS holders may be employed by, or serve as the designated
representative of an Amendment 80 cooperative, but are not
members of the Amendment 80 cooperative.
Any combination of at least seven Amendment 80 QS permits
which would include Amendment 80 LLP/QS licenses.

(ii) What is the minimum number of Amendment 80 QS permits
that must be assigned to an Amendment 80 cooperative to
allow it to form?
(iii) How many Amendment 80 QS holders are required to form
an Amendment 80 cooperative?
(iv) Is there a minimum amount of Amendment 80 QS units
that must be assigned to an Amendment 80 cooperative for
it to be allowed to form?
(v) What is allocated to the Amendment 80 cooperative?

(vi) Is this CQ an exclusive catch and use privilege?

(vii) Is there a period in a calendar year during which designated vessels must catch CQ?

(viii) Can any vessel catch an Amendment 80 cooperative’s
CQ?.

(ix) Can a member of an Amendment 80 cooperative transfer
CQ individually without the approval of the other members of
the Amendment 80 cooperative?

(x) Are GOA sideboard limits assigned to specific persons or
Amendment 80 cooperatives?

At least two Amendment 80 QS holders each of whom may
not have a ten percent or greater direct or indirect ownership
interest in any of the other Amendment 80 QS holders.
No.

CQ for each Amendment 80 species, crab PSC, and halibut
PSC, based on the amount of Amendment 80 QS units assigned to the cooperative.
Yes, the members of the Amendment 80 cooperative have an
exclusive privilege to collectively catch and use this CQ, or
an Amendment 80 cooperative can transfer all or a portion
of this CQ to another Amendment 80 cooperative.
Yes, any Amendment 80 vessel designated to catch CQ for an
Amendment 80 cooperative is prohibited from catching CQ
during the season closure for trawl gear in the BSAI specified at § 679.23(c) unless regulations at § 679.23 applicable
to an Amendment 80 species in the BSAI are more restrictive than those established in § 679.23(c), in which case the
more restrictive regulations will apply.
No, only Amendment 80 vessels that are assigned to that
Amendment 80 cooperative for that calendar year in the application for CQ may catch and process the CQ assigned to
that Amendment 80 cooperative.
No, only the designated representative of the Amendment 80
cooperative, and not individual members, may transfer its
CQ to another Amendment 80 cooperative; and only if that
transfer is approved by NMFS as established under paragraph (g) of this section.
No, GOA sideboard limits are not assigned to specific persons
or Amendment 80 cooperatives. GOA sideboard limits are
assigned to the Amendment 80 sector.

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Fishery Conservation and Management
(xi) Can an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 vessel be assigned to more than
one Amendment 80 cooperative in a calendar year?

(xii) Can an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 vessel be assigned to an Amendment 80 cooperative and the Amendment 80 limited access
fishery?.

(xiii) Which members may catch the Amendment 80 cooperative’s CQ?

(xiv) Does an Amendment 80 cooperative need a membership
agreement or contract?

(xv) What happens if the Amendment 80 cooperative membership agreement or contract is modified during the fishing
year?
(xvi) What happens if the Amendment 80 cooperative exceeds
its CQ amount?

(xvii) Is there a limit on how much CQ an Amendment 80 cooperative may hold or use?
(xviii) Is there a limit on how much CQ a vessel may catch? ....

(xix) Are there any special reporting requirements? ...................

(xx) Is there a requirement that an Amendment 80 cooperative
pay Amendment 80 cost recovery fees?.

§ 679.91
No, an Amendment 80 QS permit, Amendment 80 LLP license,
or Amendment 80 vessel may be assigned to only one
Amendment 80 cooperative in a calendar year. A person
holding multiple Amendment 80 QS permits, Amendment 80
LLP licenses, or owning multiple Amendment 80 vessels is
not required to assign all Amendment 80 QS permits,
Amendment 80 LLP licenses, or Amendment 80 vessels to
the same Amendment 80 cooperative or the Amendment 80
limited access fishery.
No, an Amendment 80 QS permit, Amendment 80 LLP license,
or Amendment 80 vessel assigned to an Amendment 80 cooperative may not be assigned to the Amendment 80 limited
access fishery for that calendar year. Prior to the 2014 fishing year, a person holding multiple Amendment 80 QS permits, Amendment 80 LLP licenses, or owning multiple
Amendment 80 vessels is not required to assign all Amendment 80 QS permits, Amendment 80 LLP licenses, or
Amendment 80 vessels to the same Amendment 80 cooperative or the Amendment 80 limited access fishery. Starting
with the 2014 fishing year and thereafter, a person holding
multiple Amendment 80 QS permits, Amendment 80 LLP licenses, or owning multiple Amendment 80 vessels must assign all Amendment 80 QS permits, Amendment 80 LLP licenses, or Amendment 80 vessels to either one or more
Amendment 80 cooperatives, or the Amendment 80 limited
access fishery.
Use of a cooperative’s CQ permit is determined by the Amendment 80 cooperative contract signed by its members. Any
violations of this contract by a cooperative member may be
subject to civil claims by other members of the Amendment
80 cooperative.
Yes, an Amendment 80 cooperative must have a membership
agreement or contract. A copy of this agreement or contract
must be submitted to NMFS with the application for CQ. The
membership agreement or contract must specify:
(A) How the Amendment 80 cooperative intends to catch its
CQ; and
(B) The obligations of Amendment 80 QS holders, who are
members of an Amendment 80 cooperative, to ensure the
full payment of Amendment 80 fee liabilities that may be
due.
A copy of the amended Amendment 80 membership agreement or contract must be sent to NMFS in accordance with
§ 679.4(a)(4).
An Amendment 80 cooperative is not authorized to catch
Amendment 80 species or use crab PSC or halibut PSC in
excess of the amount on its CQ permit. Exceeding a CQ
permit is a violation of the regulations. Each member of the
Amendment 80 cooperative is jointly and severally liable for
any violations of the Amendment 80 Program regulations
while fishing under the authority of a CQ permit. This liability
extends to any persons who are hired to catch or receive
CQ assigned to an Amendment 80 cooperative. Each member of an Amendment 80 cooperative is responsible for ensuring that all members of the cooperative comply with all
regulations applicable to fishing under the Amendment 80
Program.
No, but each Amendment 80 QS holder is subject to use caps,
and an Amendment 80 vessel may be subject to vessel use
caps. See § 679.92(a).
Yes, an Amendment 80 vessel may not catch more than 20
percent of the aggregate Amendment 80 species ITAC assigned to the Amendment 80 sector for that calendar year.
See § 679.92(a) for use cap provisions.
Yes, the designated representative of the Amendment 80 cooperative must submit an annual Amendment 80 cooperative
report as described under § 679.5(s). In addition, each member of an Amendment 80 cooperative must submit a timely
and complete EDR as described under § 679.94.
Yes, see § 679.95 for the provisions that apply.

859

§ 679.92

50 CFR Ch. VI (10–1–23 Edition)

(4) Successors-in-interest. If a member
of an Amendment 80 cooperative dies
(in the case of an individual) or dissolves (in the case of a business entity),
the CQ derived from the Amendment 80
QS permits assigned to the Amendment
80 cooperative for that year from that
person remains under the control of
the Amendment 80 cooperative for the
duration of that calendar year as specified in the Amendment 80 cooperative
contract. Each Amendment 80 cooperative is free to establish its own internal
procedures for admitting a successorin-interest during the fishing season
due to the death or dissolution of an
Amendment 80 cooperative member.
(i) Amendment 80 ABC reserves—(1)
General. The Regional Administrator
will determine the Amendment 80 ABC
reserves for flathead sole, rock sole,
and yellowfin sole that will be assigned
to the Amendment 80 sector as part of
the annual harvest specifications described at § 679.20(c). Amendment 80
ABC reserves will be further allocated
to Amendment 80 cooperative(s), as described in paragraph (i)(2) of this section.
(2) Allocation of Amendment 80 ABC reserves to Amendment 80 cooperatives. The
amount of Amendment 80 ABC reserve
for each species of flathead sole, rock
sole, and yellowfin sole assigned to an
Amendment 80 cooperative is equal to
the amount of Amendment 80 QS units
of that species assigned to that Amendment 80 cooperative by Amendment 80
QS holders divided by the total Amendment 80 QS pool for that species multiplied by the Amendment 80 ABC reserve for that species.
(3) Accessing Amendment 80 ABC reserves. An Amendment 80 cooperative
may request that NMFS approve a
Flatfish Exchange to add flathead sole,
rock sole, or yellowfin sole CQ to its
Amendment 80 CQ account in exchange
for reducing its Amendment 80 CQ by
an equal amount of flathead sole, rock
sole, or yellowfin sole. An Amendment
80 cooperative may request Flatfish
Exchanges by submitting a completed
Flatfish Exchange Application as described in § 679.4(p).
[72 FR 52726, Sept. 14, 2007, as amended at 74
FR 51518, Oct. 7, 2009; 76 FR 68357, Nov. 4,
2011; 79 FR 56681, Sept. 23, 2014; 81 FR 171,
Jan. 5, 2016; 81 FR 24733, Apr. 27, 2016]

§ 679.92 Amendment 80 Program use
caps and sideboard limits.
(a) Use caps—(1) General. Use caps
limit the amount of Amendment 80 QS
units and Amendment 80 species CQ
that may be held or used by an Amendment 80 QS holder or Amendment 80
vessel. Use caps may not be exceeded
unless the Amendment 80 QS holder or
Amendment 80 vessel subject to the use
cap is specifically allowed to exceed a
cap according to the criteria established under this paragraph (a) or by an
operation of law. There are two types
of use caps: Person use caps and vessel
use caps. All Amendment 80 QS unit
use caps are based on the aggregate
Amendment 80 species Amendment 80
initial QS pool set forth in Table 32 to
this part. The use caps apply as follows:
(2) Amendment 80 QS holder use cap—
(i) QS and CQ use cap. A person may
not individually or collectively hold or
use more than thirty (30.0) percent of
the aggregate Amendment 80 QS units
initially assigned to the Amendment 80
sector and resulting CQ unless that
person receives those Amendment 80
QS units on an Amendment 80 permit(s) based on Amendment 80 legal
landings assigned to Amendment 80
vessel(s) or Amendment 80 LLP license(s) held by that Amendment 80 QS
holder:
(A) Prior to June 9, 2006; and
(B) At the time of application for
Amendment 80 QS.
(ii) CQ use cap calculation. For purposes of calculating and applying the
CQ use cap, a person is assigned CQ
based on:
(A) The amount of CQ derived from
the Amendment 80 QS units held by
that person; and
(B) Any CQ assigned to that person in
an Application for CQ transfer.
(iii) Transfer limitations. (A) An
Amendment 80 QS holder that receives
an initial allocation of aggregate
Amendment 80 QS units that exceeds
the use cap listed in paragraph (a)(2)(i)
of this section cannot receive any
Amendment 80 QS permit by transfer
unless and until that person’s holdings
of aggregate Amendment 80 QS units
are reduced to an amount below the
use cap specified in paragraph (a)(2)(i)
of this section.

860

Fishery Conservation and Management
(B) If an Amendment 80 QS holder
that received an initial allocation of
aggregate Amendment 80 QS units on
his or her Amendment 80 QS permits
that exceeds the use cap listed in paragraph (a)(2)(i) of this section transfers
an Amendment 80 QS permit to another person, the transferor may not
hold more than the greater of either
the amount of Amendment 80 QS units
held by the transferor after the transfer if the amount of aggregate Amendment 80 QS units continues to exceed
the use cap, or the amount equal to the
Amendment 80 QS unit use cap established in paragraph (a)(2)(i) of this section.
(C) An Amendment 80 QS holder that
receives an initial allocation of aggregate Amendment 80 QS units on his or
her Amendment 80 QS permits that exceeds the use cap listed in paragraph
(a)(2)(i) of this section is prohibited
from having any CQ assigned to that
Amendment 80 QS holder in an application for CQ transfer unless and until
that Amendment 80 QS holder’s holdings of aggregate Amendment 80 QS
units are reduced to an amount below
the use cap specified in paragraph
(a)(2)(i) of this section.
(3) ITAC use cap for an Amendment 80
vessel. An Amendment 80 vessel may
not be used to catch an amount of
Amendment 80 species greater than
twenty (20.0) percent of the aggregate
Amendment 80 species ITACs assigned
to the Amendment 80 sector. This
amount includes ITAC that is assigned
as CQ or to the Amendment 80 limited
access fishery.
(b) GOA sideboard limits—(1) GOA
groundfish sideboard limits. Amendment
80 vessels may not be used to catch
more than the amounts of groundfish
in the management areas specified in
Table 37 to this part from January 1
through December 31 of each year, except that GOA groundfish sideboard
limits specified in Table 37 to this part
do not apply when an Amendment 80
vessel is using dredge gear while directed fishing for scallops in the GOA.
(2) GOA halibut PSC sideboard limits.
All Amendment 80 vessels, other than
the fishing vessel GOLDEN FLEECE as
specified in paragraph (d) of this section, may not use halibut PSC in the
fishery categories and management

§ 679.92
areas, greater than the amounts specified in Table 38 to this part during January 1 through December 31 of each
year. Any residual amount of a seasonal sideboard halibut PSC limit may
carry forward to the next season limit.
This restriction on halibut PSC usage
does not apply to the following two exceptions:
(i) An Amendment 80 vessel that uses
halibut PSC CQ in the Central GOA
subject to the regulations established
in the Rockfish Program under subpart
G to this part is not subject to the halibut PSC sideboard limits in Table 38
to this part while fishing under a Rockfish CQ permit; and
(ii) Halibut PSC sideboard limits in
Table 38 to this part do not apply when
an Amendment 80 vessel is using
dredge gear while directed fishing for
scallops in the GOA.
(c) Sideboard restrictions applicable to
Amendment 80 vessels directed fishing for
flatfish in the GOA—(1) Originally Qualifying Amendment 80 Vessels. An Amendment 80 vessel listed in column A of
Table 39 to this part may be used to
fish in the directed arrowtooth flounder, deep-water flatfish, flathead sole,
rex sole, and shallow-water flatfish
fisheries in the GOA and in adjacent
waters open by the State of Alaska for
which it adopts a Federal fishing season.
(2) Amendment 80 Replacement Vessels.
(i) Any vessel that NMFS approves to
replace an Amendment 80 vessel listed
in column A of Table 39 to this part
may be used to fish in the directed
arrowtooth flounder, deep-water flatfish, flathead sole, rex sole, and shallow-water flatfish fisheries in the GOA
and in adjacent waters open by the
State of Alaska for which it adopts a
Federal fishing season.
(ii) Any vessel that NMFS subsequently approves to replace an Amendment 80 replacement vessel that replaced an Amendment 80 vessel listed
in column A of Table 39 to this part
may be used to fish in the directed
arrowtooth flounder, deep-water flatfish, flathead sole, rex sole, and shallow-water flatfish fisheries in the GOA
and in adjacent waters open by the
State of Alaska for which it adopts a
Federal fishing season.

861

§ 679.93

50 CFR Ch. VI (10–1–23 Edition)

(d) Sideboard restrictions applicable to
the fishing vessel GOLDEN FLEECE. (1)
The fishing vessel GOLDEN FLEECE
(USCG documentation number 609951):
(i) May not be used for directed
groundfish fishing for northern rockfish, pelagic shelf rockfish, pollock, Pacific cod, or Pacific ocean perch in the
GOA and in adjacent waters open by
the State of Alaska for which it adopts
a Federal fishing season; and
(ii) Is not subject to halibut PSC
sideboard limits as described in paragraph (b)(2) of this section in the GOA
or adjacent waters open by the State of
Alaska for which it adopts a Federal
fishing season.
(2) Sideboard restrictions applicable to
any vessel replacing the GOLDEN
FLEECE. (i) If the vessel replacing the
GOLDEN FLEECE is of an LOA less
than or equal to 124 ft. (38.1 m) (the
MLOA of the LLP license that was
originally assigned to the GOLDEN
FLEECE, LLG 2524), then the sideboard
provisions at § 679.92(c) and (d)(1) apply.
(ii) If the vessel replacing the GOLDEN FLEECE is greater than 124 ft. (38.1
m) (the MLOA of the LLP license that
was originally assigned to the GOLDEN FLEECE, LLG 2524), then the
sideboard provisions at § 679.92(b) and
(c) apply.
(e) Sideboard restrictions applicable to
Amendment 80 vessel not assigned an
Amendment 80 QS permit, Amendment 80
LLP license, or Amendment 80 LLP/QS license. All Amendment 80 vessels not
designated on:
(1) An Amendment 80 QS permit and
an Amendment 80 LLP license; or
(2) An Amendment 80 LLP/QS license
will be allocated a catch limit of 0 mt
in the BSAI and GOA.
[72 FR 52726, Sept. 14, 2007, as amended at 77
FR 59871, Oct. 1, 2012; 79 FR 9641, Feb. 20,
2014]

§ 679.93 Amendment 80 Program recordkeeping, permits, monitoring,
and catch accounting.
(a) Recordkeeping and reporting. See
§ 679.5(s).
(b) Permits. See § 679.4(o).
(c) Catch monitoring requirements for
Amendment 80 vessels and catcher/processors not listed in § 679.4(l)(2)(i) using
trawl gear and fishing in the BSAI. The
requirements under paragraphs (c)(1)

through (9) of this section apply to all
Amendment 80 vessels except Amendment 80 vessels using dredge gear while
directed fishing for scallops, and any
other catcher/processor not listed in
§ 679.4(l)(2)(i) using trawl gear and fishing or receiving fish in the BSAI and in
adjacent waters open by the State of
Alaska for which it adopts a Federal
fishing season. Except when using
dredge gear while directed fishing for
scallops, at all times when an Amendment 80 vessel or a catcher/processor
not listed in § 679.4(l)(2)(i) using trawl
gear has BSAI groundfish onboard the
vessel, the vessel owner or operator
must ensure that:
(1) Catch weighing. All catch, except
halibut sorted on deck by vessels participating in halibut deck sorting described at § 679.120, are weighed on a
NMFS-approved scale in compliance
with
the
scale
requirements
at
§ 679.28(b). Each haul must be weighed
separately, all catch must be made
available for sampling by a NMFS-certified observer, and no sorting of catch,
except halibut sorted on deck by vessels participating in halibut deck sorting described at § 679.120, may take
place prior to weighing.
(2) Observer sampling station. An observer sampling station meeting the requirements at § 679.28(d) is available at
all times.
(3) Observer coverage requirements. The
vessel is in compliance with the observer coverage requirements described
at § 679.51(a)(2).
(4) Operational line. The vessel has no
more than one operational line or
other conveyance for the mechanized
movement of catch between the scale
used to weigh total catch and the location where the observer collects species
composition samples.
(5) Fish on deck. No fish are allowed
to remain on deck unless an observer is
present, except for fish inside the
codend and fish accidentally spilled
from the codend during hauling and
dumping. Fish accidentally spilled
from the codend must be moved to the
fish bin.
(6) Sample storage. There is sufficient
space to accommodate a minimum of
10 observer sampling baskets. This
space must be within or adjacent to the
observer sampling station.

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Fishery Conservation and Management
(7) Pre-cruise meeting. The Observer
Program is notified by phone at 1 (907)
581–2060 (Dutch Harbor, AK) or 1 (907)
481–1770 (Kodiak, AK) at least 24 hours
prior to departure when the vessel will
be carrying an observer who has not
previously been deployed on that vessel
within the last 12 months. Subsequent
to the vessel’s departure notification,
but prior to departure, NMFS may contact the vessel to arrange for a precruise meeting. The pre-cruise meeting
must minimally include the vessel operator or manager and any observers
assigned to the vessel.
(8) Belt and flow operations. The vessel
operator stops the flow of fish and
clears all belts between the bin doors
and the area where the observer collects samples of unsorted catch when
requested to do so by the observer.
(9) Vessel crew in tanks or bins. The
vessel owner or operator must comply
with the bin monitoring standards
specified in § 679.28(i)(1).
(d) Catch monitoring requirements for
Amendment 80 vessels fishing in the GOA.
The requirements under this section
apply to any Amendment 80 vessel fishing in the GOA and in adjacent waters
open by the State of Alaska for which
it adopts a Federal fishing season except Amendment 80 vessels using
dredge gear while directed fishing for
scallops. At all times when an Amendment 80 vessel is not using dredge gear
while directed fishing for scallops and
has GOA groundfish onboard the vessel
owner or operator must ensure that:
(1) Catch from an individual haul is
not mixed with catch from another
haul prior to sampling by an observer,
and all catch is made available for
sampling by an observer;
(2) The vessel is in compliance with
the observer coverage requirements described at § 679.51(a)(2);
(3) Operational Line. The vessel has no
more than one operational line or
other conveyance for the mechanized
movement of catch at the location
where the observer collects species
composition samples; and
(4) The requirements in § 679.93(c)(5),
(8), and (9) are met.
(e) Catch accounting—(1) Amendment
80 species—(i) Amendment 80 cooperative.
All Amendment 80 species caught in
the BSAI, including catch in adjacent

§ 679.93
waters open by the State of Alaska for
which it adopts a Federal fishing season, by an Amendment 80 vessel assigned to an Amendment 80 cooperative
will be debited from the CQ permit for
that Amendment 80 cooperative for
that calendar year unless that Amendment 80 vessel is using dredge gear
while directed fishing for scallops.
(ii) Amendment 80 limited access fishery. All Amendment 80 species caught
in the BSAI, including catch in adjacent waters open by the State of Alaska for which it adopts a Federal fishing
season, by an Amendment 80 vessel assigned to the Amendment 80 limited
access fishery will be debited against
the ITAC for that Amendment 80 species in the Amendment 80 limited access fishery for that calendar year unless that Amendment 80 vessel is using
dredge gear while directed fishing for
scallops.
(2) Crab PSC and halibut PSC—(i)
Amendment 80 cooperative. All crab PSC
or halibut PSC used by an Amendment
80 vessel assigned to an Amendment 80
cooperative in the BSAI, including crab
PSC or halibut PSC used in the adjacent waters open by the State of Alaska for which it adopts a Federal fishing
season, will be debited against the CQ
permit for that Amendment 80 cooperative for that calendar year unless that
Amendment 80 vessel is using dredge
gear while directed fishing for scallops.
(ii) Amendment 80 limited access fishery. All crab PSC or halibut PSC used
by an Amendment 80 vessel assigned to
the Amendment 80 limited access fishery in the BSAI, including crab PSC or
halibut PSC used in the adjacent
waters open by the State of Alaska for
which it adopts a Federal fishing season, will be debited against the crab
PSC or halibut PSC limit assigned to
the Amendment 80 limited access fishery for that calendar year, unless that
Amendment 80 vessels is using dredge
gear while directed fishing for scallops.
(3) GOA groundfish sideboard limits.
All Amendment 80 sideboard species
defined in Table 37 to this part caught
in the GOA, including catch in adjacent waters open by the State of Alaska for which it adopts a Federal fishing
season, by an Amendment 80 vessel will
be debited against the Amendment 80
sideboard limit for that Amendment 80

863

§ 679.94

50 CFR Ch. VI (10–1–23 Edition)

[72 FR 52726, Sept. 14, 2007, as amended at 75
FR 53069, Aug. 30, 2010; 78 FR 12632, Feb. 25,
2013; 81 FR 67118, Sept. 30, 2016; 83 FR 30533,
June 29, 2018; 84 FR 55053, Oct. 15, 2019]

(i) Part of the entire EDR. A person
submitting the completed EDR must
attest to the accuracy and completion
of the EDR by signing and dating the
certification portion of the EDR form;
or
(ii) EDR certification only. A person
submitting a completed EDR certification only must attest that they meet
the conditions exempting them from
submitting the entire EDR as described
in the certification portion of the Annual Trawl Catcher/Processor EDR
form and sign and date the certification portion of the EDR form.
(b) Verification of EDR data. (1) NMFS
or the DCA will conduct verification of
information with a person required to
submit the Annual Trawl Catcher/Processor EDR, or if applicable, that person’s designated representative.
(2) A person required to submit the
Annual Trawl Catcher/Processor EDR
or designated representative, if applicable, must respond to inquiries by
NMFS, the DCA within 20 days of the
date of issuance of the inquiry.

§ 679.94 Economic data report (EDR)
for the Amendment 80 sector.

[79 FR 71318, Dec. 2, 2014, as amended at 88
FR 7591, Feb. 6, 2023]

(a) Annual Trawl Catcher/Processor
Economic Data Report (EDR)—(1) Requirement to submit an EDR. A person
who held an Amendment 80 QS permit
during a calendar year must submit a
complete Annual Trawl Catcher/Processor EDR for that calendar year by
following the instructions on the Annual Trawl Catcher/Processor EDR
form.
(2) Deadline. A completed EDR or
EDR certification pages must be submitted as required on the form to
NMFS for each calendar year on or before 1700 hours, A.l.t., June 1 of the following year.
(3) Information required. The Annual
Trawl Catcher/Processor EDR form is
available on the NMFS Alaska Region
Web
site
at
www.alaskafisheries.noaa.gov, or by contacting NMFS at 1–800–304–4846.
(4) EDR certification pages. Any person
required to submit an EDR under paragraph (a)(1) of this section, or their
designated representative, if applicable, must submit the EDR certification
statement as either:

§ 679.95 Amendment 80 Program cost
recovery.

sideboard species for that calendar
year except Amendment 80 sideboard
species caught by Amendment 80 vessel
using dredge gear while directed fishing for scallops.
(4) GOA halibut sideboard limits. All
halibut PSC used by all Amendment 80
vessels in the GOA, including halibut
PSC used in the adjacent waters open
by the State of Alaska for which it
adopts a Federal fishing season, will be
debited against the sideboard limit established for the Amendment 80 sector,
except:
(i) Halibut PSC CQ used by the catcher/processor sector in the Rockfish Program in the Central GOA;
(ii) Halibut PSC used by the fishing
vessel GOLDEN FLEECE (USCG Documentation number 609951); and
(iii) Halibut PSC used by an Amendment 80 vessel using dredge gear while
directed fishing for scallops.

(a) Cost recovery fee program for
Amendment 80—(1) Who is responsible?
The person designated as the Amendment 80 cooperative representative at
the time of an Amendment 80 CQ landing must comply with the requirements of this section, notwithstanding:
(i) Subsequent transfer of Amendment 80 CQ or Amendment 80 QS held
by Amendment 80 cooperative members;
(ii) Non-renewal of an Amendment 80
CQ permit; or
(iii) Changes in the membership in an
Amendment 80 cooperative, such as
members joining or departing during
the relevant year, or changes in the
amount of Amendment 80 QS holdings
of those members.
(2) Fee collection. Each Amendment 80
cooperative representative is responsible for submitting the cost recovery
payment for Amendment 80 CQ landings made under the authority of its
Amendment 80 CQ permit.

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Fishery Conservation and Management
(3) Payment—(i) Payment due date. An
Amendment 80 cooperative representative must submit all Amendment 80 fee
liability payment(s) to NMFS at the
address provided in paragraph (a)(3)(iii)
of this section no later than December
31 of the calendar year in which the
Amendment 80 CQ landings were made.
(ii) Payment recipient. Make electronic payment payable to NMFS.
(iii) Payment address. Submit payment and related documents as instructed on the fee submission form.
Payments must be made electronically
through the NMFS Alaska Region Web
site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will
be made available on both the payment
Web site and a fee liability summary
letter mailed to the Amendment 80 CQ
permit holder.
(iv) Payment method. Payment must
be made electronically in U.S. dollars
by automated clearing house, credit
card, or electronic check drawn on a
U.S. bank account.
(b) Amendment 80 standard ex-vessel
value determination and use—(1) General.
An Amendment 80 cooperative representative must use the Amendment
80 standard prices determined by
NMFS under paragraph (b)(2) of this
section.
(2) Amendment 80 standard prices—(i)
General. Each year the Regional Administrator will publish Amendment 80
standard prices in the FEDERAL REGISTER by December 1 of the year in
which the Amendment 80 species landings were made. The standard prices
will be described in U.S. dollars per
Amendment 80 equivalent pound for
Amendment 80 species landings made
by Amendment 80 CQ permit holders
during the current calendar year.
(ii) Effective duration. The Amendment 80 standard prices published by
NMFS will apply to all Amendment 80
species landings made by an Amendment 80 CQ permit holder during that
calendar year.
(iii) Determination. NMFS will calculate the Amendment 80 standard
prices for Amendment 80 species based
on the following information:
(A) Pacific cod. NMFS will use the
standard prices calculated for Pacific
cod based on information provided in

§ 679.95
the Pacific Cod Ex-vessel Volume and
Value Report described at § 679.5(u)(1).
(B) Amendment 80 species other than
Pacific cod. (1) The Regional Administrator will base Amendment 80 standard prices for all Amendment 80 species
other than Pacific cod on the First
Wholesale Volume and Value reports
specified in § 679.5(u)(2).
(2) The Regional Administrator will
establish Amendment 80 standard
prices for all Amendment 80 species
other than Pacific cod on an annual
basis; except the Regional Administrator will establish a first Amendment
80 standard price for rock sole for all
landings from January 1 through
March 31, and a second Amendment 80
standard price for rock sole for all
landings from April 1 through December 31.
(3) The average first wholesale product prices reported on the First Wholesale Volume and Value reports, specified in § 679.5(u)(2), will be multiplied
by 0.4 to obtain a proxy for the ex-vessel prices of Amendment 80 species
other than Pacific cod.
(c) Amendment 80 fee percentage—(1)
Established percentage. The Amendment
80 fee percentage is the amount as determined by the factors and methodology described in paragraph (c)(2) of
this section. This amount will be announced by publication in the FEDERAL
REGISTER in accordance with paragraph
(c)(3) of this section. This amount must
not exceed 3.0 percent pursuant to 16
U.S.C. 1854(d)(2)(B).
(2) Calculating fee percentage value.
Each year NMFS will calculate and
publish the fee percentage according to
the following factors and methodology:
(i) Factors. NMFS will use the following factors to determine the fee percentage:
(A) The catch to which the Amendment 80 cost recovery fee will apply;
(B) The ex-vessel value of that catch;
and
(C) The costs directly related to the
management, data collection, and enforcement of the Amendment 80 Program.
(ii) Methodology. NMFS will use the
following equations to determine the
fee percentage: 100 × DPC/V, where:
(A) DPC = the direct program costs
for the Amendment 80 Program for the

865

§ 679.95

50 CFR Ch. VI (10–1–23 Edition)

most recent fiscal year (October 1
through September 30) with any adjustments to the account from payments
received in the previous year.
(B) V = total of the standard ex-vessel value of the landings subject to the
Amendment 80 fee liability for the current year.
(3) Publication—(i) General. NMFS
will calculate and announce the
Amendment 80 fee percentage in a FEDERAL REGISTER notice by December 1 of
the year in which the Amendment 80
landings were made. NMFS will calculate the Amendment 80 fee percentage based on the calculations described
in paragraph (c)(2) of this section.
(ii) Effective period. NMFS will apply
the calculated Amendment 80 fee percentage to Amendment 80 CQ landings
made between January 1 and December
31 of the same year.
(4) Applicable percentage. The Amendment 80 CQ permit holder must use the
Amendment 80 fee percentage applicable at the time an Amendment 80 species landing is debited from an Amendment 80 CQ allocation to calculate the
Amendment 80 fee liability for any retroactive payments for that Amendment 80 species.
(5) Fee liability determination for an
Amendment 80 CQ permit holder. (i) Each
Amendment 80 CQ permit holder will
be subject to a fee liability for any
Amendment 80 species CQ debited from
an Amendment 80 CQ allocation between January 1 and December 31 of
the current year.
(ii) The Amendment 80 fee liability
assessed to an Amendment 80 CQ permit holder will be based on the proportion of the standard ex-vessel value of
Amendment 80 species debited from an
Amendment 80 CQ permit holder relative to all Amendment 80 CQ permit
holders during a calendar year as determined by NMFS.
(iii) NMFS will provide a fee liability
summary letter to each Amendment 80
CQ permit holder by December 1 of
each year. The summary will explain
the fee liability determination including the current fee percentage, and details of Amendment 80 species CQ
pounds debited from Amendment 80 CQ
allocations by permit, species, date,
and prices.

(d) Underpayment of fee liability—(1)
No Amendment 80 cooperative will receive its Amendment 80 CQ until the
Amendment 80 CQ permit holder submits full payment of an applicant’s
complete Amendment 80 fee liability.
(2) If an Amendment 80 CQ permit
holder fails to submit full payment for
its Amendment 80 fee by the date described in paragraph (a)(3) of this section, the Regional Administrator may:
(i) At any time thereafter send an
IAD to the Amendment 80 cooperative’s representative stating that the
Amendment 80 CQ permit holder’s estimated fee liability, based on information submitted by the Amendment 80
cooperative’s representative, is the
Amendment 80 fee liability due from
the Amendment 80 CQ permit holder.
(ii) Disapprove any application to
transfer Amendment 80 CQ to or from
the Amendment 80 CQ permit holder in
accordance with § 679.91(g).
(3) If an Amendment 80 cooperative
representative fails to submit full payment by the Amendment 80 fee payment deadline described at paragraph
(a)(3) of this section:
(i) The Regional Administrator will
not issue a Amendment 80 CQ permit to
that Amendment 80 cooperative for the
following calendar year; and
(ii) The Regional Administrator will
not issue Amendment 80 CQ based on
the Amendment 80 QS held by the
members of that Amendment 80 cooperative to any other CQ permit for that
calendar year.
(4) Upon final agency action determining that an Amendment 80 CQ permit holder has not paid his or her
Amendment 80 fee, the Regional Administrator may continue to not issue
an Amendment 80 CQ permit for any
subsequent calendar years until NMFS
receives the unpaid fees. If payment is
not received by the 30th day after the
final agency action, the agency may
pursue collection of the unpaid fees.
(e) Over payment. Upon issuance of
final agency action, payment submitted to NMFS in excess of the
Amendment 80 fee determined to be
due by the final agency action will be
returned to the Amendment 80 cooperative unless the Amendment 80 cooperative’s representative requests the agency to credit the excess amount against

866

Fishery Conservation and Management
the Amendment 80 CQ permit holder’s
future Amendment 80 fee.
(f) Appeals. An Amendment 80 cooperative representative who receives an
IAD for incomplete payment of an
Amendment 80 fee may appeal under
the appeals procedures set out a 15 CFR
part 906.
(g) Annual report. Each year, NMFS
will publish a report describing the
Amendment 80 Cost Recovery Fee Program.
[81 FR 171, Jan. 5, 2016]

Subpart I—Equipment and Operational Requirements for the
Longline
Catcher/Processor
Subsector
§ 679.100 Applicability.
The owner and operator of a vessel
named on an LLP license with a Pacific cod catcher-processor hook-andline endorsement for the Bering Sea,
Aleutian Islands or both the Bering
Sea and Aleutian Islands must comply
with the requirements of this subpart.
(a) Opt out selection. Each year, the
owner of a vessel subject to this subpart who does not intend to directed
fish for Pacific cod in the BSAI or conduct groundfish CDQ fishing at any
time during a year may, by November
1 of the year prior to fishing, submit to
NMFS a completed notification form
to opt out of directed fishing for Pacific cod in the BSAI and groundfish
CDQ fishing in the upcoming year. The
notification form is available on the
NMFS Alaska Region Web site (http://
alaskafisheries.noaa.gov/). Once the vessel owner has selected to opt out, the
owner must ensure that the vessel is
not used as a catcher/processor to conduct directed fishing for Pacific cod
with hook-and-line gear in the BSAI or
to conduct groundfish CDQ fishing during the specified year.
(b) Monitoring option selection. The
owner of a vessel subject to this subpart that does not opt out under paragraph (a) of this section must submit a
completed notification form for one of
two monitoring options to NMFS. The
notification form is available on the
NMFS Alaska Region Web site (http://
alaskafisheries.noaa.gov/). The vessel
owner must comply with the selected

§ 679.100
monitoring option at all times when
the vessel is operating in either the
BSAI or GOA groundfish fisheries when
directed fishing for Pacific cod is open
in the BSAI, or while the vessel is
groundfish CDQ fishing. If NMFS does
not receive a notification to opt out or
a notification for one of the two monitoring options, NMFS will assign that
vessel to the increased observer coverage option under paragraph (b)(1) of
this section until the notification form
has been received by NMFS.
(1) Increased observer coverage option.
Under this option, the vessel owner and
operator must ensure that—
(i) The vessel is in compliance with
observer coverage requirements described at § 679.51(a)(2)(vi)(E)(1).
(ii) The vessel is in compliance with
observer workload requirements described at § 679.51(a)(2)(iii).
(iii) An observer sampling station
meeting the requirements at § 679.28(d)
is available at all times, unless otherwise approved by NMFS.
(iv) All sets are made available for
sampling by an observer.
(v) The Observer Program is notified
by phone at 1 (907) 581–2060 (Dutch Harbor, AK) or 1 (907) 481–1770 (Kodiak, AK)
at least 24 hours prior to departure
when the vessel will be carrying an observer who has not previously been deployed on that vessel within the last 12
months. Subsequent to the vessel’s departure notification, but prior to departure, NMFS may contact the vessel
to arrange for a pre-cruise meeting.
The pre-cruise meeting must minimally include the vessel operator or
manager and any observers assigned to
the vessel.
(2) Scales option. Under this option—
(i) The vessel owner and operator
must ensure that—
(A) The vessel is in compliance with
observer coverage requirements described at § 679.51(a)(2)(vi)(E)(2).
(B) All Pacific cod brought onboard
the vessel is weighed on a NMFS-approved scale in compliance with the
scale requirements at § 679.28(b), and
that each set is weighed and recorded
separately.
(C) An observer sampling station
meeting the requirements at § 679.28(d)
is available at all times, unless otherwise approved by NMFS.

867

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50 CFR Ch. VI (10–1–23 Edition)

(D) The vessel is in compliance with
the video monitoring requirements described at § 679.28(k).
(E) The Observer Program is notified
by phone at 1 (907) 581–2060 (Dutch Harbor, AK) or 1 (907) 481–1770 (Kodiak, AK)
at least 24 hours prior to departure
when the vessel will be carrying an observer who has not previously been deployed on that vessel within the last 12
months. Subsequent to the vessel’s departure notification, but prior to departure, NMFS may contact the vessel
to arrange for a pre-cruise meeting.
The pre-cruise meeting must minimally include the vessel operator or
manager and any observers assigned to
the vessel.
(ii) NMFS will use the weight of all
catch that passes over the scale for the
purposes of accounting for Pacific cod
catch.
(iii) At the time NMFS approves the
scale used to weigh Pacific cod, NMFS
will provide the vessel owner or operator with one of the following designations on the scale inspection report
that will be used for catch accounting
of Pacific cod for the duration of the
approval period:
(A) Scale prior to bleeding. If the scale
is located before the location where
Pacific cod are bled, a PRR of 1.00 will
be applied to all catch weighed on the
motion-compensated scale.
(B) Scale between bleeding and holding
area. If Pacific cod are bled before
being weighed and prior to the bleeding
holding area, a PRR of 0.99 will be applied to all catch weighed on the scale.
(C) Scale after holding area. If Pacific
cod are bled and placed in a bleeding
holding area before being weighed, a
PRR of 0.98 will be applied to all catch
weighed on the scale.
(c) Electronic logbooks. The operator
of a vessel subject to paragraph (b) of
this section at any time during a year
must comply with the requirements for
electronic logbooks at § 679.5(f) at all
times during that year.
[77 FR 59061, Sept. 26, 2012, as amended at 77
FR 70103, Nov. 21, 2012; 79 FR 68616, Nov. 18,
2014; 83 FR 30533, June 29, 2018]

Subpart J [Reserved]

Subpart K—Halibut Deck Sorting
SOURCE: 84 FR 55054, Oct. 15, 2019, unless
otherwise noted.

§ 679.120

Halibut deck sorting.

(a) Applicability. The owner and operator of a mothership or catcher/processor using trawl gear in the non-pollock groundfish fisheries in the Gulf of
Alaska and the Bering Sea and Aleutian Islands Management Area must
comply with the requirements of this
section when participating in halibut
deck sorting as defined at § 679.2.
(b) Catch monitoring requirements—(1)
Catch weighing. When halibut deck
sorting, all catch, except halibut sorted
on deck, must be weighed on a NMFSapproved scale in compliance with the
scale requirements at § 679.28(b). Each
haul must be weighed separately, all
catch must be made available for sampling by a NMFS-certified observer,
and no sorting of catch, except halibut
sorted on deck, may take place prior to
weighing. When halibut deck sorting,
no fish may be weighed on a NMFS-approved scale used to weigh catch at sea
unless two observers are available to
complete data collection duties, one on
deck and one in the factory. A visual
signal, specified in paragraph (e)(8) of
this section, must be used to indicate
when catch may not be weighed.
(2) Observer sampling station. An observer sampling station meeting the requirements at § 679.28(d) must be available at all times.
(3) Observer coverage requirements.
Comply with the observer coverage requirements at § 679.51(a)(2).
(4) Sample storage. Provide a storage
space sufficient to accommodate a
minimum of 10 observer sampling baskets. This space must be within or adjacent to the observer sampling station.
(5) Vessel crew in tanks or bins. Comply with the bin monitoring standards
at § 679.28(i)(1).
(6) Observer deck sampling station. An
observer deck sampling station meeting the requirements at § 679.28(d)(9)
must be available at all times.
(7) Video monitoring. Comply with the
video monitoring standards specified at
§ 679.28(l).

868

Fishery Conservation and Management
(c) Pre-cruise meeting. Notify the Observer Program by phone at 1 (907) 581–
2060 (Dutch Harbor, AK) or 1 (907) 481–
1770 (Kodiak, AK) at least 24 hours
prior to departure when the vessel will
be carrying an observer who has not
previously been deployed on that vessel
within the last 12 months. Subsequent
to the vessel’s departure notification,
but prior to departure, NMFS may contact the vessel to arrange for a precruise meeting. The pre-cruise meeting
must minimally include the vessel operator or manager and any observers
assigned to the vessel.
(d) Deck Safety Plan. Annually submit
and have an approved Deck Safety Plan
prior to participating in halibut deck
sorting. The owner and operator must
comply with all the requirements described in the NMFS-approved Deck
Safety Plan.
(1) Deck Safety Plan requirements. A
Deck Safety Plan must:
(i) Describe the route for observers to
safely access and leave the deck sampling station and specify locations
where observers may shelter during
gear retrieval and movement.
(ii) Describe hazardous areas and potentially hazardous conditions that
could be encountered on deck.
(iii) Describe communication procedures to inform the observer when it is
safe to access the deck. These procedures must identify who will tell the
observer it is safe to access the deck,
how that communication will happen,
and how they will communicate with
the observer if a new safety hazard
arises while on deck.
(iv) List personal protective equipment that must be worn by the observer while on deck.
(v) List all personnel the observer
may contact to report safety issues, including safety hazards identified by the
observer that are not covered by the
Deck Safety Plan, deviations from the
Deck Safety Plan, and any conditions
that would require the suspension of
halibut deck sorting.
(vi) Provide procedures to ensure the
observer’s safety while working in the
deck sampling station.
(vii) Include a scale drawing showing
the deck sampling station, the routes
to access and exit the deck sampling
station, emergency muster location,

§ 679.120
and safety hazards that could be encountered on deck.
(2) Approval. NMFS will approve a
Deck Safety Plan if it meets the requirements specified in paragraph
(d)(1) of this section. The vessel must
be inspected by NMFS prior to approval of the Deck Safety Plan to ensure that the vessel conforms to the
elements addressed in the Deck Safety
Plan. NMFS will normally complete its
review of the Deck Safety Plan within
14 working days of receiving a complete Deck Safety Plan and conducting
a Deck Safety Plan inspection. If
NMFS disapproves a Deck Safety Plan,
the vessel owner and operator may resubmit a revised Deck Safety Plan or
file an administrative appeal as set
forth under the administrative appeals
procedures set out at 15 CFR part 906.
(3) Deck Safety Plan inspection. The
vessel owner and operator must submit
a complete Deck Safety Plan to NMFS
by
fax
(206–526–4066)
or
email
([email protected]) at least
10 working days in advance of the requested date of inspection.
(4) Location. Deck Safety Plan inspections will be conducted on vessels tied
up at docks in Kodiak, Alaska, Dutch
Harbor, Alaska, and in the Puget
Sound area of Washington State.
(5) Changes to the Deck Safety Plan.
The vessel owner and operator may
propose a change to the Deck Safety
Plan by submitting a Deck Safety Plan
addendum to NMFS. NMFS may require a Deck Safety Plan inspection
described at paragraph (d)(3) of this
section before approving the addendum.
(e) Vessel operator responsibilities. The
operator of a vessel subject to this section must comply with the following:
(1) Deck sorting safety meeting. Provide
the observer with a copy of the NMFSapproved Deck Safety Plan and make
available all other applicable inspection reports described at § 679.28. The
deck sorting safety meeting must be
conducted prior to departing port and
must include the observer, vessel operator, and key crew member who will be
responsible for providing notification
or reasonable assistance during halibut

869

§ 679.121

50 CFR Ch. VI (10–1–23 Edition)

deck sorting. All elements of the vessel’s Deck Safety Plan must be reviewed with the observer during this
meeting.
(2) Observer notification. Before halibut deck sorting, notify the observer
at least 15 minutes prior to bringing
fish on board.
(3) Observer present. Conduct halibut
deck sorting only when an observer is
present in the deck sampling station.
(4) Time limit. Conduct halibut deck
sorting only within the time limit indicated on the Observer Sampling Station Inspection Report. The time limit
begins when the codend is opened on
deck. When the time limit is reached,
all halibut deck sorting must stop.
(5) Single sorting pathway. Convey all
halibut sorted on deck to the observer
deck sampling station via a single
pathway.
(6) Careful handling. Handle all halibut sorted on deck with a minimum of
injury.
(7) Sorting pace. Do not pressure or
rush the observer to move halibut
through the sampling process faster
than the observer can handle.
(8) Visual signal. Use a visual signal
to indicate to vessel crew when catch
may not to be weighed on a NMFS-approved scale specified in paragraph
(b)(1) of this section. The visual signal
must be on the conveyor belt adjacent
to the flow scale and visible in the view
of a camera required at § 679.28(b)(8).
§ 679.121

[Reserved]

Subpart L—Pacific Cod Trawl
Cooperative Program
SOURCE: 88 FR 53735, Aug. 8, 2023, unless
otherwise noted.

§ 679.130 Allocation, use, and transfer
of PCTC Program QS permits.
(a) Applicable areas and seasons. (1)
The PCTC Program applies to the Pacific cod trawl catcher vessel sector in
the
BSAI
as
defined
at
§ 679.20(a)(7)(ii)(A).
(2) The following fishing seasons
apply to fishing under this subpart subject to other provisions of this part:
(i) Fishing by vessels participating in
a cooperative is authorized for the
PCTC Program A season from 1200

hours, A.l.t., January 20 through 1200
hours, A.l.t., April 1.
(ii) Fishing by vessels participating
in a cooperative is authorized for the
PCTC Program B season from 1200
hours, A.l.t., April 1 through 1200
hours, A.l.t., June 10.
(iii) The PCTC Program does not
apply to the Pacific cod trawl catcher
vessel C season, as defined at
§ 679.23(e)(5)(ii)(C)(1).
(b) Pacific cod legal landings. Pacific
cod legal landings means the retained
catch of Pacific cod caught using trawl
gear in a management area in the BSAI
by a catcher vessel during the directed
fishing season for Pacific cod that:
(1) Was made in compliance with
State and Federal regulations in effect
at that time; and
(2) Was recorded on a State of Alaska
fish ticket for shoreside deliveries or in
observer data for mothership deliveries; and
(3) Was the predominately retained
species on the fishing trip; and
(4) Was authorized by:
(i) An LLP license and caught in the
A or B season of a Federal or parallel
groundfish fishery during the qualifying years 2009 through 2019; or
(ii) An LLP license with a transferable AI endorsement prior to receiving
the AI endorsement and was caught in
a parallel fishery between January 20,
2004, and September 13, 2009; and
(5) Was not made in a CDQ fishery;
and
(6) Was not made in a State of Alaska
GHL fishery.
(c) Eligible PCTC Program harvesters.
NMFS will assign Pacific cod legal
landings to an LLP license only if the
qualifying Pacific cod legal landings of
BSAI trawl catcher vessel Pacific cod
were made under the authority of a
fully transferable LLP license endorsed
for BS or AI Pacific cod with a trawl
gear designation from 2009 through 2019
or under the authority of an LLP license endorsed for Pacific cod with a
trawl gear designation prior to earning
a transferable AI endorsement from
2004 through September 13, 2009;
(d) Assigning trawl catcher vessel Pacific cod legal landings to an LLP license.
(1) NMFS will assign Pacific cod legal
landings to an LLP license in the form
of PCTC Program QS only if the holder

870

Fishery Conservation and Management
of the LLP license that authorized
those landings submits a timely and
complete application for PCTC Program QS under paragraph (h) of this
section that is approved by NMFS.
(2) NMFS will assign Pacific cod
legal landings to an LLP license that
meets the requirements of paragraph
(b) of this section.
(3) NMFS will reissue LLP licenses to
eligible harvesters that specify the
number of PCTC Program QS units assigned to their LLP licenses.
(e) Eligible PCTC Program processors.
NMFS will assign legal landings to an
eligible PCTC Program processor if the
processor operates under the authority
of either a valid FPP or FFP and holds
an LLP license with a BSAI Pacific cod
trawl mothership endorsement, and received deliveries of legal landings of
Pacific cod from the trawl catcher vessel sector from 2009 through 2019. A
processor is ineligible to receive PCTC
Program QS if it does not hold an active FFP or FPP as of September 7,
2023.
(f) Assigning Pacific cod processing history to an eligible processor. (1) NMFS
will assign Pacific cod processing history to a processor in the form of PCTC
Program QS only if the FFP or FPP
holder submits a timely and complete
application for PCTC Program QS that
is approved by NMFS pursuant to paragraph (h) of this section.
(2) NMFS will assign Pacific cod
processing history based on legal landings delivered to a processor authorized
by an FPP or FFP that meets the requirements of this section.
(3) For the initial allocation of PCTC
Program QS, qualifying processing history is attached to the processor at the
time legal landings were received.
(4) An eligible processor will be
issued a PCTC Program QS permit that
specifies the number of QS units assigned to that processor.
(g) PCTC Program official record. (1)
The PCTC Program official record will
contain information used by the Regional Administrator to determine:
(i) The amount of Pacific cod legal
landings as defined at in this section
assigned to an LLP license;
(ii) The amount of Pacific cod processing history of legal landings as de-

§ 679.130
fined at § 679.130 assigned to an FPP or
FFP;
(iii) The amount of PCTC Program
QS resulting from Pacific cod legal
landings assigned to an LLP license
held by an eligible harvester, or QS resulting from Pacific cod processing history assigned to an FPP or FFP held
by an eligible processor;
(iv) The amount of Pacific cod
sideboard ratios assigned to LLP licenses;
(v) Eligibility to participate in the
PCTC Program; and
(vi) QS assigned to PCTC Program
participants.
(2) The PCTC Program official record
is presumed to be correct. An applicant
participating in the PCTC Program has
the burden to prove otherwise.
(3) Only Pacific cod legal landings
and processing history of legal landings, as described in paragraph (b) of
this section, shall be used to establish
an allocation of PCTC Program QS.
Evidence of legal landings shall be limited to documentation of state or Federal catch reports that indicate the
amount of Pacific cod harvested, the
groundfish reporting area in which it
was caught, the vessel and gear type
used to catch it, and the date of harvesting, landing, or reporting.
(h) Application for PCTC Program
quota share—(1) Submission of an application for PCTC Program quota share. A
person who wishes to receive QS to participate in the PCTC Program as an eligible harvester or an eligible processor
must submit a timely and complete application for PCTC Program QS. An application form will be provided by
NMFS or available from NMFS Alaska
Region website as defined at § 679.2. The
acceptable submittal methods will be
described on the application form.
(2) Deadline. A completed application
for PCTC Program QS must be received
by NMFS no later than 1700 hours,
A.l.t., on October 10, 2023, or if sent by
U.S. mail, postmarked by that time.
Objective written evidence of timely
application will be considered proof of
a timely application.
(3) Contents of application. A timely
and complete application must contain
the information specified on the application for PCTC Program QS with all
required documentation attached.

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50 CFR Ch. VI (10–1–23 Edition)

(i) Additional required documentation for LLP license holders. Vessel
names, ADF&G vessel registration
numbers, and USCG documentation
numbers of all vessels that fished under
the authority of each LLP license, including dates when landings were made
under the authority of an LLP license
from 2009 through 2019 or under the authority of an LLP license prior to earning a transferable AI endorsement from
2004–2019;
(ii) Additional required documentation for processors. Processor name,
FFP or FPP number, and location of
processing plant, including dates when
landings were made under the authority of an LLP license from 2009 through
2019;
(iii) The applicant must sign and date
the application certifying under penalty of perjury that all information is
true and correct. If the application is
completed by a designated representative, then explicit authorization signed
by the applicant must accompany the
application.
(4) Application evaluation. The Regional Administrator will evaluate applications and compare all claims of
catch history or processing history in
an application with the information in
the PCTC Program official record. Application claims that are consistent
with information in the PCTC Program
official record will be approved by the
Regional Administrator. Application
claims that are inconsistent with the
PCTC Program official record will not
be approved unless supported by documentation sufficient to substantiate
such claims. An applicant who submits
claims of catch history or processing
history that are inconsistent with the
official record without sufficient evidence, or an applicant who fails to submit the information specified in paragraph (d) of this section, will be provided a single 30-day evidentiary period
to submit the specified information,
submit evidence to verify their claims
of catch or processing history, or submit a revised application consistent
with information in the PCTC Program
official record. An applicant who
claims catch or processing history that
is inconsistent with information in the
PCTC Program official record has the
burden of proving that the submitted

claims are correct. Any claims that remain unsubstantiated after the 30-day
evidentiary period will be denied. All
applicants will be notified of NMFS’s
final application determinations by an
initial administrative determination
(IAD), which will inform applicants of
their appeal rights under 15 CFR part
906.
(5) Appeals. An applicant may appeal
an IAD under the provisions in 15 CFR
part 906.
(i) Assigning PCTC Program QS to Harvesters and Processors. The Regional Administrator will assign PCTC Program
QS only to an eligible harvester or eligible processor who submits a timely
application for PCTC Program QS that
is approved by NMFS.
(1) Calculation of PCTC Program QS allocation to LLP licenses without a transferable AI endorsement. NMFS will assign a specific amount of PCTC Program QS units to each LLP license
based on the Pacific cod legal landings
of each LLP license using information
from the PCTC Program official record
according to the following procedures:
(i) Determine the Pacific cod legal
landings for each LLP license for each
calendar year from 2009 through 2019.
(ii) Select the 10 calendar years from
the qualifying time period with the
highest amount of legal landings for
each LLP license, including years with
zero metric tons if necessary.
(iii) Sum the Pacific cod legal landings of the highest 10 years for each
LLP license. This yields the PCTC Program QS units (in metric tons) for each
LLP license.
(2) Calculation of PCTC Program QS allocation to LLP licenses with a transferable AI endorsement. NMFS will assign a
specific amount of PCTC Program QS
units to each LLP license with a transferable AI endorsement based on the
Pacific cod legal landings of each using
information from the PCTC Program
official record according to the following procedures:
(i) Determine the Pacific cod legal
landings for each LLP license with a
transferable AI endorsement for each
calendar year from 2004 through 2019.
(ii) Select the fifteen calendar years
that yield the highest amount of legal

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Fishery Conservation and Management
landings for each LLP license, including years with zero metric tons if necessary.
(iii) Sum the Pacific cod legal landings of the highest fifteen years for
each LLP license with transferable AI
endorsement. This yields the PCTC
Program QS units (in metric tons) for
each LLP license with a transferable
AI endorsement.
(3) Official record date. The initial
PCTC Program QS pool for all LLP licenses, with and without a transferable
AI endorsement, is the sum of the sum
of the PCTC Program QS units assigned to all LLP licenses in metric
tons based on the PCTC Program official record as of December 31, 2022.
(4) Calculation of PCTC Program QS allocation to processors. NMFS will assign
a specific amount of PCTC Program QS
units to each eligible processor based
on the Pacific cod legal landings delivered to each FPP or FFP using information from the PCTC Program official record according to the following
procedures:
(i) Sum the Pacific cod legal landings
delivered to each FPP or FFP for each
calendar year from 2009 through 2019;
(ii) Select the ten calendar years that
yield the highest amount of legal landings delivered to each FPP or FFP, including years with zero metric tons if
necessary;
(iii) Sum the Pacific cod legal landings of the highest 10 years for each
FPP or FFP. This yields the QS units
for each eligible processor, which will
be specified on a PCTC Program QS
permit for that processor;
(iv) The PCTC Program QS pool for
processors is the sum of all QS units
assigned to processors in metric tons
based on the PCTC official record as of
December 31, 2022.
(5) Non-severability and exceptions. Pacific cod legal landings are non-severable from the LLP license, transferable
AI endorsement, or FPP to which those
Pacific cod legal landings are assigned
in the PCTC Program official record
except under the following provisions:
(i) If multiple LLP licenses authorized catch by a vessel, the LLP license
holders must submit to NMFS an
agreement specifying the amount of
shared catch history to assign to each
LLP license with the application for

§ 679.130
PCTC Program QS. In the absence of
an agreement, the owner of the vessel
that made the catch will assign qualifying catch history to each LLP license.
(ii) For the LLP licenses associated
with non-exempt AFA catcher vessels,
within 90 days of initial issuance of
PCTC Program QS, the owners of the
LLP licenses that are associated with
AFA non-exempt catcher vessels that
engaged in fish transfer agreements
during the qualifying periods may
transfer PCTC Program QS to other
LLP licenses associated with AFA nonexempt vessels, subject to the ownership cap at § 679.133.
(A) NMFS will execute permanent
transfers of PCTC Program QS between
eligible LLP licenses during the 90-day
transfer provision upon request. The
transferor and transferee must show
they agree to the one-time permanent
transfer of PCTC Program QS, or show
a transfer is authorized by an operation of law (e.g., a court order). Requests to transfer PCTC Program QS
must specify which LLP license is
transferring PCTC Program QS, which
LLP license is receiving PCTC Program QS, and the amount of PCTC Program QS to be transferred.
(B) After the expiration of the 90-day
transfer provision, PCTC Program QS
will no longer be severable from the
LLP license to which it is assigned unless authorized by the transfer rules
specified in paragraph (j) or modification is supported by an operation of
law.
(j) Transfer of PCTC Program QS. (1)
Transfer of an LLP license with PCTC
Program QS. A person may transfer an
LLP license and the PCTC Program QS
assigned to that LLP license under the
provisions at § 679.4(k)(7), provided that
the LLP license is not assigned PCTC
Program QS in excess of the ownership
cap specified at § 679.133 at the time of
transfer.
(2) Transfer of PCTC Program QS assigned to LLP licenses that exceeds
PCTC Program QS ownership caps.
(i) If an LLP license receives an initial allocation of PCTC Program QS
that exceeds an ownership cap specified
at § 679.133(a), upon transfer of the LLP
license, the LLP license holder may
transfer the amount of PCTC Program

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50 CFR Ch. VI (10–1–23 Edition)

QS in excess of the ownership cap separately from the LLP license and assign
it to one or more LLP licenses. However, a transfer will not be approved by
NMFS if that transfer would cause the
receiving LLP license to exceed an
ownership cap specified at § 679.133(a).
(ii) Prior to the transfer of an LLP license that received an initial allocation of PCTC Program QS that exceeds
an
ownership
cap
specified
at
§ 679.133(a), the LLP license holder
must transfer the PCTC Program QS
that is in excess of the ownership cap
separately from that LLP license and
assign it to one or more LLP licenses.
On completion of the transfer of PCTC
Program QS, the LLP license that was
initially allocated an amount of PCTC
Program QS in excess of the ownership
cap may not exceed any ownership cap
specified at § 679.133(a).
(iii) Any PCTC Program QS associated with the LLP license that is in excess of the ownership cap may be assigned to another LLP license through
the application used to transfer LLP licenses, and only if the application is
approved as specified at § 679.4(k)(7).
(iv) PCTC Program QS that is transferred from an LLP license that was
initially allocated an amount of PCTC
Program QS in excess of the ownership
cap specified at § 679.133(a) and assigned
to another LLP license may not be severed from the receiving LLP license.
(3) Transfer of processor PCTC Program QS Permits. A person may transfer a PCTC Program QS permit to another processor with an active FPP
issued under § 679.4. A transfer of processor-held PCTC Program QS may not
cause the receiver of the permit to exceed the ownership cap specified at
§ 679.133(a) at the time of transfer. A
PCTC Program QS permit held by a
processor and associated QS may be
transferred only if the application for
transfer of PCTC Program QS permit is
filled out entirely. A PCTC Program
QS permit initially issued to an FFP
holder may be transferred to a processor with an active FPP issued under
§ 679.4 or to a processor with an active
FFP that authorizes a vessel named on
an LLP license with a BSAI Pacific cod
trawl mothership endorsement.
(4) Transfer of PCTC Program QS assigned to a processor-held PCTC Pro-

gram QS permit that exceeds PCTC
Program ownership caps.
(i) If a PCTC Program QS permit receives an initial allocation of QS that
exceeds an ownership cap specified at
§ 679.133(a), the processor may transfer
QS in excess of the ownership cap separately from that PCTC Program QS
permit and assign it to the PCTC Program QS permit of one or more processors with an active FPP or FFP.
However, a transfer will not be approved by NMFS if that transfer would
cause the receiving processor to exceed
an
ownership
cap
specified
at
§ 679.133(a).
(ii) Prior to the transfer of a PCTC
Program QS permit that received an
initial allocation of QS that exceeds an
ownership cap specified at § 679.133(a),
the permit holder must transfer the QS
that is in excess of the ownership cap
separately from that PCTC Program
QS permit and assign it to one or more
PCTC Program QS permits. On completion of the transfer of QS, the PCTC
Program QS permit that was initially
allocated an amount of QS in excess of
the ownership cap may not exceed any
ownership cap specified at § 679.133(a).
(iii) Any QS associated with the
PCTC Program QS permit held by a
processor that is in excess of an ownership cap may be transferred only if the
application for transfer of PCTC Program QS permit is filled out entirely.
§ 679.131 PCTC Program annual harvester privileges.
(a) Assigning CQ to a PCTC Program
cooperative—(1)
General.
(See
also
§ 679.4(q)). (i) Every calendar year,
PCTC Program QS assigned to LLP licenses and PCTC Program QS permits
held by a PCTC Program processor
must be assigned to a PCTC Program
cooperative through a CQ permit to use
the CQ derived from that PCTC Program QS to catch Pacific cod, crab
PSC, or halibut PSC assigned to the
PCTC Program.
(ii) NMFS will issue a CQ permit to a
PCTC Program cooperative based on
the aggregate PCTC Program QS of all
LLP licenses and associated processors
designated on an application for CQ
that is approved by the Regional Administrator as described under paragraph (a)(4) of this section.

874

Fishery Conservation and Management
(iii) Processors must associate with a
PCTC Program cooperative for the
PCTC Program QS assigned to that
processor’s PCTC Program QS permit
to be issued to a PCTC Program cooperative as CQ.
(2) PCTC Program QS issued after
issuance of CQ or Pacific cod trawl catcher vessel sector TAC. Any PCTC Program
QS assigned to an LLP license or PCTC
Program QS permit after NMFS has
issued CQ for a calendar year will not
result in any additional CQ being
issued to a PCTC Program cooperative
even if that QS holder has assigned
their LLP license or PCTC Program QS
permit to a PCTC Program cooperative
for that calendar year.
(3) Failure to designate QS to a PCTC
Program cooperative. Failure to designate an LLP license with PCTC Program QS or a PCTC Program QS permit on a timely and complete application for CQ that is approved by the Regional Administrator as described
under paragraph (a)(4) of this section,
will result in the Regional Administrator not assigning that QS to a PCTC
Program cooperative for the applicable
calendar year.
(4) Application for PCTC Program CQ.
PCTC Program cooperatives must submit a complete application by November 1 to receive CQ that includes the
following:
(i) PCTC Program cooperative identification, including but not limited to
the name of the cooperative and the
taxpayer identification number;
(ii) PCTC Program QS holders and
ownership documentation;
(iii) PCTC Program cooperative
member vessels and LLP licenses;
(iv) PCTC Program cooperative associated processors;
(v) Vessels with FFPs on which the
CQ issued to the PCTC Program cooperative will be used;
(vi) Certification of cooperative representative;
(vii) An attached copy of the membership agreement or contract that includes the following terms:
(A) How the cooperative intends to
harvest its CQ;
(B) The obligations of QS holders who
are members of a PCTC Program cooperative to ensure the full payment of

§ 679.131
PCTC Program fee liabilities that may
be due;
(C) How cooperatives monitor and report leasing activity in GOA fisheries;
and
(D) For a cooperative intending to
harvest any amount of the CQ setaside, the cooperative’s plan for coordinating harvest and delivery of the CQ
set-aside with an Aleutian Islands
shoreplant as defined § 679.2.
(viii) Each year, all cooperatives
must establish an inter-cooperative
agreement.
This
inter-cooperative
agreement must be included as part of
each annual cooperative application
and is required before NMFS will issue
CQ. The inter-cooperative agreement
must establish how the cooperatives
intend to harvest the CQ set-aside in
years when it applies and ensure harvests in the BS do not exceed the minimum
set-aside
as
specified
at
§ 679.132(a)(4)(i). For the calendar year
2023, NMFS will allow each cooperative
to submit the inter-cooperative agreement prior to December 31, 2023.
(b) Allocations of Pacific cod to the
PCTC Program—(1) General. Each calendar year, the Regional Administrator will determine the amount of
the BSAI trawl catcher vessel sector’s
Pacific cod A and B season allocations
that will be assigned to the PCTC Program as follows:
(i) Incidental catch allowance (ICA).
For the A and B seasons, the Regional
Administrator will establish an ICA to
account for projected incidental catch
of Pacific cod by trawl catcher vessels
engaged in directed fishing for groundfish other than PCTC Program Pacific
cod.
(ii) Directed fishing allowance (DFA).
The remaining trawl catcher vessel
sector’s Pacific cod A and B season allocations are established as a DFA for
the PCTC Program.
(2) Calculation—(i) Determination of
Pacific cod trawl catcher vessel TAC allocated to the PCTC Program. NMFS will
determine the Pacific cod trawl catcher vessel TAC in a calendar year in the
annual harvest specification process at
§ 679.20.
(ii) Annual apportionment of Pacific
cod trawl catcher vessel TAC. The annual
apportionment of Pacific cod in the A

875

§ 679.131

50 CFR Ch. VI (10–1–23 Edition)

and B seasons between the PCTC Program DFA and the ICA in a given calendar year is established in the annual
harvest specifications.
(3) Allocations of Pacific Cod DFA to
PCTC Program—(i) Harvester percentage
of DFA. NMFS will assign 77.5 percent
of the PCTC Program DFA to the QS
attached to LLP licenses assigned to
PCTC Program cooperatives. Each LLP
license’s QS units will correspond to a
portion of the DFA according to the
following equation: (LLP license QS
units/(sum of all LLP license QS units))
× (.775 × DFA).
(ii) Processor percentage of DFA.
NMFS will assign 22.5 percent of the
PCTC Program DFA to the QS attached to PCTC Program QS permits
assigned to PCTC Program cooperatives. Each QS permit’s QS units will
correspond to a portion of the DFA according to the following equation:
(PCTC Program QS permit QS units/
(sum of all PCTC Program QS permit
QS units)) × (.225 × DFA).
(4) Allocation of CQ to PCTC Program
cooperatives—(i) General. Annual CQ
will be issued to each PCTC Program
cooperative by NMFS based on the aggregate QS attached to LLP licenses
and PCTC Program QS permits that
are assigned to the cooperative. NMFS
will issue CQ by A and B season and cooperatives will ensure the seasonal
limits are not exceeded. Unused A season CQ may be rolled over to the B season. Annual CQ may be harvested from
either BS or AI subareas subject to any
limitations on BS harvest when the AI
set-aside is in effect.
(ii) CQ allocation to PCTC Program cooperatives. The amount of CQ that is
issued to a PCTC Program cooperative
is calculated according to the following
formula:
CQ derived from QS assigned to LLP holders
= [(.775 × DFA)
× (Total LLP license QS units assigned to
that cooperative/sum of all LLP license
QS units)]
CQ derived from QS assigned to PCTC Program QS permit holders = [(.225 × DFA)
× (Total PCTC Program Permit QS units assigned to that cooperative/sum of all
PCTC Program QS permit QS units)]
The total CQ issued to that cooperative =
CQ derived from LLP license holders +
CQ derived from PCTC Program QS permit
holders

(iii) Issuance of CQ. A and B season
trawl catcher vessel Pacific cod sector
DFAs will be issued to PCTC Program
cooperatives as CQ. Annual CQ for each
PCTC cooperative will include separate
A and B season CQ.
(iv) AI set-aside. When in effect, the
AI set-aside will be established annually as specified further at § 679.132.
(c) Allocations of halibut PSC—(1) Halibut PSC limit for the PCTC Program.
NMFS specifies the overall halibut
PSC limit for the PCTC Program for
each calendar year in the harvest specifications pursuant to the procedures
specified at § 679.21(b). NMFS calculates
the halibut PSC limit according to the
formula described in this paragraph.
NMFS assigns that halibut PSC limit
to PCTC Program cooperatives pursuant to paragraph (a)(1)(i) of this section.
(i) Multiply the halibut PSC limit apportioned to the BSAI trawl limited access sector’s Pacific cod fishery category by 98 percent, which yields the
halibut PSC apportioned to the trawl
catcher vessel sector. The remaining 2
percent is apportioned to the AFA
catcher/processor sector as specified at
§ 679.21(b)(4).
(ii) Assign 95 percent of the trawl
catcher vessel sector’s halibut PSC
limit to the A and B seasons and 5 percent to the C season.
(iii) Each year after apportioning
halibut PSC to the trawl catcher vessel
sector for the A and B season, apply
one of the following reductions to the
A and B season trawl catcher vessel
halibut PSC limit to determine the
overall PCTC Program halibut PSC
limit:
(A) In the first year of the PCTC Program, reduce the A and B season halibut PSC limit by 12.5 percent.
(B) In the second year, and each year
thereafter, reduce the A and B season
halibut PSC limit by 25 percent.
(2) Halibut PSC assigned to each PCTC
Program cooperative. For each calendar
year, the amount of halibut PSC assigned to a cooperative is determined
by the following procedure and the
amount will be specified on the CQ permit:
(i) Divide the amount of CQ units assigned to each PCTC Program cooperative by the amount of CQ allocated to

876

Fishery Conservation and Management
all cooperatives. This yields the percentage of CQ units held by each cooperative.
(ii) Multiply the overall PCTC Program halibut PSC limit by the percentage of the CQ assigned to a cooperative. This yields the amount of halibut
PSC issued to that cooperative as CQ.
(3) Use of halibut PSC in the PCTC Program. Halibut PSC limits assigned to
the CQ permit issued to a PCTC Program cooperative may only be used by
the members of that PCTC Program cooperative while harvesting CQ in the
BSAI. Any halibut PSC used by a cooperative must be deducted from the
amount of halibut PSC on its CQ permit. Halibut PSC limits for cooperatives are not subject to seasonal apportionment under § 679.21. Halibut PSC
limits are issued to the PCTC Program
for the duration of the A and B seasons.
Unused halibut PSC limits may be reapportioned to the C season.
(d) Allocations of crab PSC—(1) Crab
PSC limits for the PCTC Program. NMFS
specifies the overall crab PSC limit for
the PCTC Program for each calendar
year in the harvest specifications pursuant to the procedures specified at
§ 679.21(e). NMFS calculates the crab
PSC limit according to the formula described in this paragraph. NMFS then
assigns that crab PSC limit to PCTC
Program cooperatives with CQ pursuant to paragraph (a)(1)(i) of this section.
(i) Multiply the crab PSC limit apportioned to the BSAI trawl limited access sector’s Pacific cod fishery category by 90.6 percent, which yields the
percentage of crab PSC apportioned to
the trawl catcher vessel sector. The remaining 9.4 percent goes to the AFA
catcher/processor sector as specified at
§ 679.21(b)(4).
(ii) Assign 95 percent of the trawl
catcher vessel sector’s crab PSC limit
to the A and B seasons and 5 percent to
the C season.
(iii) Reduce the A and B season trawl
catcher vessel crab PSC limit by 35 percent to determine the overall PCTC
Program crab PSC limit.
(2) Crab PSC assigned to each PCTC
Program cooperative. For each calendar
year, the amount of crab PSC limit assigned to a cooperative is determined
by the following procedure and the

§ 679.131
amount will be specified on the CQ permit:
(i) Divide the amount of CQ assigned
to each PCTC Program cooperative by
the total CQ assigned to all cooperatives. This yields the percentage of CQ
held by that cooperative.
(ii) Multiply the overall PCTC Program crab PSC limit by the percentage
of the CQ pool assigned to a cooperative. This yields the crab PSC limit
issued to that cooperative as CQ.
(3) Use of crab PSC in the PCTC Program. Crab PSC limits assigned to the
CQ permit issued to a PCTC Program
cooperative may only be used by the
members of that PCTC Program cooperative while harvesting CQ in the
BSAI. Any crab PSC used by a cooperative must be deducted from the amount
of crab PSC limit on its CQ permit.
Crab PSC limits for cooperatives are
not subject to seasonal apportionment
under § 679.21. Crab PSC limits are
issued to the PCTC Program for the duration of the A and B seasons. Unused
crab PSC limits may be reapportioned
to the C season.
(e) Transfer of PSC limits. Halibut and
crab PSC limits are transferable between cooperatives according to the
same rules established for CQ in paragraph (i) of this section.
(f) Non-allocated Groundfish species.
The PCTC Program allocations are for
directed fishing for Pacific cod by
trawl catcher vessels. All groundfish
species not allocated to PCTC Program
cooperatives are managed to the maximum retainable amounts (MRAs), as
described under § 679.20(e).
(g) Rollover of Pacific cod. If, after
June 10, the Regional Administrator
determines that reallocating a portion
of the Pacific cod ICA or DFA from the
PCTC Program to the BSAI trawl limited access sector C season is appropriate, the Regional Administrator
may do so through notification in the
FEDERAL REGISTER consistent with regulations at § 679.20(a)(7)(iii).
(h) Rollover of PSC to the C Season. If,
after June 10, the Regional Administrator determines that reallocating a
portion of the halibut or crab PSC limits from the PCTC Program to the

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50 CFR Ch. VI (10–1–23 Edition)

BSAI trawl limited access sector C season is appropriate, the Regional Administrator may do so through notification in the FEDERAL REGISTER consistent with regulations at § 679.91(f)(4)
and (5).
(i) Process for inter-cooperative transfer
of CQ. NMFS will process an application through the NMFS online system
for an inter-cooperative transfer of CQ,
including PSC, provided that all information is completed by the transferor
and transferee, with all applicable
fields accurately filled in, and all required documentation is provided.
(j) PCTC Program cooperatives—(1)
General. This section governs the formation and operation of PCTC Program cooperatives. The regulations in
this section apply only to PCTC Program cooperatives that have formed for
the purpose of applying for and fishing
with CQ issued annually by NMFS.
PCTC Program cooperatives and cooperative members are responsible for ensuring the conduct of cooperatives is
consistent with any relevant State or
Federal antitrust laws. Membership in
a cooperative is voluntary. No person
may be required to join a cooperative.
Any LLP license holder with PCTC
Program QS may join a PCTC Program
cooperative and assign their QS to that
cooperative. Members may leave a cooperative, but any CQ derived from the

QS held by that member will remain
with that cooperative for the duration
of the calendar year.
(2) Legal and organizational requirements. A PCTC Program cooperative
must meet the following legal and organizational requirements before it is
eligible to receive CQ:
(i) Each PCTC Program cooperative
must be formed as a partnership, corporation, or other legal business entity
that is registered under the laws of one
of the 50 States or the District of Columbia;
(ii) Each PCTC Program cooperative
must appoint an individual as the designated representative to act on the cooperative’s behalf and to serve as a
contact point for NMFS for questions
regarding the operation of the cooperative. The designated representative
may be a member of the cooperative, or
some other individual designated by
the cooperative to act on its behalf;
(iii) Each PCTC Program cooperative
must submit a timely and complete application for CQ; and
(iv) Each PCTC Program cooperative
must meet the mandatory requirements established in paragraph (j)(3) of
this section.
(3) Elements of PCTC Program cooperatives. The following table describes the
necessary elements to form and operate a PCTC Program cooperative:

(i) Who may join or associate with a PCTC
Program cooperative?.

Any PCTC Program QS holder named on a
timely and complete application for CQ for
that calendar year that is approved by
NMFS. Individuals who are not QS holders
may be employed by, or serve as the designated representative of, a cooperative, but
cannot be members of the cooperative. Any
processor with an FPP may associate with a
cooperative. A processor with an FFP must
be named on an LLP license with a BSAI
Pacific cod trawl mothership endorsement.
A minimum of three LLP licenses are needed
to form a cooperative.
There is no minimum number of unique LLP license holders required to form a cooperative.
No.

(ii) What is the minimum number of LLP licenses required to form a cooperative?
(iii) How many unique LLP license holders are
required to form a cooperative?
(iv) Is there a minimum amount of PCTC Program QS units that must be assigned to a
PCTC Program cooperative?

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Fishery Conservation and Management
(v) What is allocated to the PCTC Program cooperatives?.

(vi) Is this CQ an exclusive catch and use privilege?

(vii) Is there a period in a calendar year during
which PCTC Program cooperative vessels
may catch Pacific cod?
(viii) Can any vessel catch a PCTC Program
cooperative’s Pacific cod?

(ix) Can a member of a PCTC Program cooperative transfer CQ individually without the
approval of the other members of the cooperative?
(x) Are GOA sideboard limits assigned to specific persons or PCTC Program cooperatives?
(xi) Can PCTC Program QS assigned to an
LLP license or QS held by processors be assigned to more than one PCTC Program cooperative in a calendar year?

(xii) Which members may catch the PCTC Program cooperative’s CQ?

(xiii) Does a PCTC Program cooperative need
a membership agreement or contract?

(xiv) What happens if the PCTC Program cooperative membership agreement or contract is
modified during the fishing year?
(xv) What happens if the cooperative exceeds
its CQ amount?.

§ 679.131
A and B season CQ for Pacific cod, halibut
PSC limits, and crab PSC limits, based on
the total QS units assigned to the cooperative by its members.
Yes, the cooperative has an exclusive privilege to collectively catch and use this CQ. A
cooperative can transfer all or a portion of
this CQ to another cooperative.
Yes, any cooperative vessel may harvest CQ
during the during the A and B seasons
specified at § 679.130(a)(2).
No, only vessels that are listed on the cooperative’s Application for PCTC Program
CQ may catch Pacific cod assigned to that
cooperative.
No, only the designated representative of the
cooperative, and not individual members,
may transfer CQ to another cooperative,
and only if that transferis approved by
NMFS.
Existing sideboard limits apply to individual
vessels or LLP license holders, not cooperatives.
QS assigned to an LLP license may be assigned to only one cooperative in a calendar
year. Multiple QS permits or LLP licenses
held by a single person are not required to
be assigned to the same cooperative. A
processor may associate with more than
one cooperative and any QS held by the
processor would be divided between the associated cooperatives in the same proportion as the CQ derived from the LLP licenses.
Use of a cooperative’s CQ is determined by
the cooperative contract signed by its members. Any violations of this contract by a cooperative member may be subject to civil
claims by other members of the cooperative.
Yes, a cooperative must have a membership
agreement or contract. A copy of this agreement or contract must be submitted to
NMFS with the application for CQ. The
membership agreement or contract must
specify: (A) How the cooperative intends to
harvest its CQ; and (B) The obligations of
QS holders, who are members of a cooperative, to ensure the full payment of fee liabilities that may be due.
A copy of the amended membership agreement or contract must be sent to NMFS in
accordance with § 679.131.
A cooperative is not authorized to catch Pacific cod or use halibut or crab PSC limits in
excess of the amount on its CQ permit. Exceeding a CQ permit is a violation of the
regulations.

879

§ 679.132

50 CFR Ch. VI (10–1–23 Edition)

(xvi) Is there a limit on how much CQ a PCTC
Program cooperative may hold?
(xvii) Is there a limit on how much Pacific cod a
vessel may catch?.
(xviii) Are there any special reporting requirements?.
(xix) Is there a requirement that a PCTC Program cooperative pay PCTC Program cost
recovery fees?
(xx) Is there any restriction on deliveries of
CQ?.

(4) Successors-in-interest. If a member
of a PCTC Program cooperative dies (in
the case of an individual) or dissolves
(in the case of a business entity), the
CQ derived from the QS assigned to the
cooperative for that year from that
person remains under the control of
the cooperative for the duration of that
calendar year as specified in the cooperative contract. Each cooperative is
free to establish its own internal procedures for admitting a successor-in-interest during the fishing season due to
the death or dissolution of a cooperative member.
§ 679.132 Aleutian Islands CQ set-aside
provisions in the PCTC Program.
(a) Aleutian Islands CQ set-aside provisions in the PCTC Program—(1) Calculation of the Aleutian Islands Pacific cod
non-CDQ ICA and DFA. Each year, during the annual harvest specifications
process set forth at § 679.20(c), the Regional Administrator will specify the
AI Pacific cod non-CDQ ICA, the DFA
from the AI Pacific cod non-CDQ TAC,
and the AI set-aside as follows:
(2) Aleutian Islands Pacific cod nonCDQ ICA. The AI Pacific cod non-CDQ
ICA will be deducted from the aggregate portion of the AI Pacific cod nonCDQ TAC annually allocated to the
non-CDQ
sectors
identified
at
§ 679.20(a)(7)(ii)(A).

No, but each QS holder is subject to ownership caps, and a vessel may be subject to
vessel use caps. See § 679.133.
Yes, generally a vessel may not catch more
than 5 percent of the Pacific cod assigned
to the PCTC Program for that calendar year.
See § 679.133 for use cap provisions.
The designated representative of the cooperative may submit an annual PCTC Program
cooperative report to the North Pacific Fishery Management Council.
Yes, see § 679.135 for the provisions that
apply. PCTC Program cooperatives are responsible for paying cost recovery fees.
Sometimes, if the AI CQ set-aside is in effect
for the fishing year as specified at
§ 679.132. Cooperatives must establish,
through an inter-cooperative agreement,
how 12 percent of the BSAI A season CQ
will be set aside for delivery to an Aleutian
Islands shoreplant.

(3) Aleutian Islands Pacific cod nonCDQ DFA. The AI Pacific cod non-CDQ
DFA will be the amount of the AI Pacific cod TAC remaining after subtraction of the AI Pacific cod CDQ reserve
and the AI Pacific cod non-CDQ ICA.
(4) Calculation of the Aleutian Islands
CQ set-aside. The Regional Administrator will specify the AI set-aside in
either of the following ways:
(i) When the AI DFA exceeds 12 percent of A season CQ, the AI set-aside is
12 percent of the PCTC Program A season CQ and is in effect during the A
and B seasons.
(ii) If the AI non-CDQ DFA is below
12 percent of the PCTC Program A season CQ, then the AI set-aside will be
set equal to the AI non-CDQ DFA and
is in effect during the A and B seasons.
When the AI set-aside is in effect and
set equal to the AI non-CDQ DFA, directed fishing for Pacific cod in the AI
may only be conducted by PCTC Program vessels that deliver their catch of
AI Pacific cod to an Aleutian Islands
shoreplant. After June 10, the Regional
Administrator may open directed fishing for AI non-CDQ Pacific cod for
other sectors.
(b) Annual notice of intent to process
Aleutian Islands Pacific cod—(1) Submission of notice. The provisions of this
section will apply if a representative of
either the City of Adak or the City of

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Fishery Conservation and Management
Atka submits to the Regional Administrator a timely and complete notice of
its intent to process PCTC Program
Pacific cod during the upcoming fishing year.
(2) Submission method and deadline.
The notice of intent to process PCTC
Program Pacific cod for the upcoming
fishing year must be submitted in writing to the Regional Administrator by a
representative of the City of Adak or
the City of Atka no later than October
15 of each year in order for the provisions of this section to apply during
the upcoming fishing year. Notices of
intent to process received later than
October 15 may not be accepted by the
Regional Administrator.
(3) Contents of notice. A notice of intent to process PCTC Program Pacific
cod for the upcoming fishing year must
contain the following information:
(i) Date of submission,
(ii) Name of city,
(iii) Statement of intent to process
PCTC Program Pacific cod,
(iv) Identification of the fishing year
during which the city intends to process PCTC Program Pacific cod,
(v) Contact information for the representative of the city, and
(vi) Documentation of authority to
represent the City of Adak or the City
of Atka.
(4) NMFS confirmation and notice. On
or before November 30, the Regional
Administrator will notify the representative of the City of Adak or the
City of Atka, confirming receipt of
their official notice of intent to process
PCTC Program Pacific cod. Then,
NMFS will announce through notification in the FEDERAL REGISTER whether
the AI set-aside will be in effect for the
upcoming fishing year.
(5) AI CQ set-aside PCTC Program cooperative provisions. If the representative of the City of Adak or the City of
Atka submits a timely and complete
notice of intent to process in accordance of this section, then the following
provisions will apply for the fishing
year following the notice:
(i) The PCTC Program cooperative(s)
are required to set-aside an amount of
CQ calculated by the Regional Administrator pursuant to (a)(4) of this section for delivery to an Aleutian Islands
shoreplant as defined at § 679.2.

§ 679.132
(ii) All cooperatives must enter into
an inter-cooperative agreement that
describes how the AI set-aside will be
administered by the cooperatives to ensure that the PCTC Program harvests
from the BS do not exceed the minimum set-aside. This inter-cooperative
agreement must establish how the cooperatives intend to harvest the AI setaside when it applies. This inter-cooperative agreement must be provided as
part of the annual PCTC Program cooperative application as specified at
§ 679.131(a)(4) and is required before
NMFS can issue CQ.
(iii) The inter-cooperative agreement
must establish how cooperatives would
ensure that trawl catcher vessels less
than 60 ft (18.3 m) LOA assigned to an
LLP license with a transferable AI
trawl endorsement have the opportunity to harvest 10 percent of the AI
set-aside for delivery to an Aleutian Islands shoreplant.
(c) PCTC Program A season CQ setaside limitations. (1) If the Regional Administrator has approved a notice of
intent to process, vessels authorized
under the PCTC Program shall not harvest the amount of the AI set-aside in
the BS subarea.
(2) PCTC Program cooperatives may
not deliver more than the PCTC A season CQ minus the AI set-aside established under this section to processors
in the BS subarea when the AI CQ setaside is in effect.
(3) The City of Adak or the City of
Atka may withdraw their annual notice of intent to process prior to the
end of B season.
(4) The Regional Administrator may
remove the delivery requirement for
some or all of the projected unused AI
CQ set-aside if the Regional Administrator determines that the Aleutian Islands shoreplants will not process the
entire AI CQ set-aside.
(5) In the event all notices of intent
to process are withdrawn, the Regional
Administrator will remove the delivery
requirement for CQ that was set-aside
for that calendar year.
(6) To remove the AI CQ set-aside delivery requirement for that calendar
year, the Regional Administrator will
publish a document in the FEDERAL
REGISTER.

881

§ 679.133

50 CFR Ch. VI (10–1–23 Edition)

§ 679.133 PCTC Program ownership
caps, use caps, and sideboard limits.
(a) Ownership and use caps—(1) General. (i) Ownership caps limit the
amount of PCTC Program QS that may
be owned by a harvester or processor
and their affiliates. Use caps limit the
amount of CQ that may be harvested
by a vessel or received and processed
by a processor.
(ii) Use caps do not apply to halibut
or crab PSC CQ.
(iii) Ownership and use caps may not
be exceeded except as provided under
paragraph (a)(6) of this section.
(iv) All QS ownership caps are a percentage of the initial PCTC Program
QS pool established by NMFS at
§ 679.130(e).
(v) The CQ processing use cap is a
percentage of the total amount of CQ
issued to cooperatives during a calendar year.
(vi) The vessel use cap is a percentage of the amount of CQ assigned to
the PCTC Program during a calendar
year.
(2) Harvester PCTC Program QS ownership cap. A person may not individually
or collectively own more than 5 percent of the PCTC Program QS initially
assigned to harvesters unless that person qualifies for an exemption to this
ownership cap under paragraph (a)(6) of
this section based on their qualifying
catch history. Processor-issued QS does
not count toward this ownership cap.
(3) Vessel use cap. A catcher vessel
may not harvest an amount of CQ
greater than 5 percent of the CQ issued
to the PCTC Program during a calendar year unless that vessel qualifies
for an exemption to this use cap under
paragraph (a)(6) of this section based
on their qualifying catch history.
(4) Processor ownership cap. A person
may not individually or collectively
own more than 20 percent of the PCTC
Program QS initially assigned to processors unless that person qualifies for
an exemption to this ownership cap
under paragraph (a)(6) of this section
based on their qualifying processing
history.
(5) Processing use cap. A processor, at
the firm or company level, may not
process more than 20 percent of the CQ
assigned to the PCTC Program during

a calendar year unless that processor
qualifies for an exemption to this use
cap under paragraph (a)(6) of this section based on their qualifying processing history. The amount of CQ that
is received by a PCTC Program processor is calculated based on the sum of
all landings made with CQ received or
processed by that processor and the CQ
received or processed by any person affiliated with that processor as that
term is defined at § 679.2.
(6) Cap exemptions. (i) A person may
receive an initial allocation of PCTC
Program QS in excess of the harvester
ownership cap. This exemption is nontransferable.
(ii) A person may receive an initial
allocation of PCTC Program QS in excess of the processor ownership cap.
This exemption is non-transferable.
(iii) A vessel designated on an LLP license that received an initial allocation of PCTC Program QS in excess of
the harvester ownership cap may harvest CQ in excess of the vessel use cap
up to the amount of CQ resulting from
QS assigned to the LLP license. This
exemption is non-transferable.
(iv) Processor use cap exemptions. A
processor that received an initial allocation of PCTC Program QS in excess
of the processor ownership cap may
process more than 20 percent of CQ during a calendar year up to an amount of
CQ proportional to the ratio of QS held
by the processor to the total amount of
QS held by processors. This exemption
is non-transferable. An Aleutian Islands shoreplant is not subject to this
processor use cap.
(7) Transfer limitations. An eligible
harvester that receives an initial allocation of PCTC Program QS that exceeds the ownership cap listed in paragraph (a)(2) of this section shall not receive any PCTC Program QS by transfer unless and until the eligible harvester’s holdings of PCTC Program QS
in the PCTC Program are reduced to an
amount below the use cap specified in
this paragraph (a).
(b) Sideboard limits—general. The regulations in this section restrict the
holders of LLP licenses issued PCTC
Program QS from using the increased
flexibility provided by the PCTC Program to expand their level of participation in GOA groundfish fisheries.

882

Fishery Conservation and Management
(1) Sideboard limit restrictions for LLP
licenses authorizing AFA non-exempt
catcher vessels. LLP licenses that authorize AFA non-exempt catcher vessels will be subject to the sideboard
limitations specified at § 679.64(b)(4)(i).
(2) At-Sea Processing Sideboard Limit.
A sideboard limit will be specified on
each LLP license with a BSAI Pacific
cod trawl mothership endorsement.
Each LLP license with a BSAI Pacific
cod trawl mothership endorsement
may receive CQ deliveries from a
catcher vessel not to exceed 125 percent
of a catcher/processor’s processing history as defined at § 679.130 and subject
to eligibility requirements under BSAI
FMP Amendment 120 to limit CPs acting as motherships.
§ 679.134 PCTC
Program
permits,
catch monitoring, catch accounting,
and recordkeeping and reporting.
(a) Permits. For permit information,
please see § 679.4(q).
(b) Catch monitoring requirements for
PCTC Program catcher vessels. The
owner and operator of a catcher vessel
must ensure the vessel complies with
the observer coverage requirements described at § 679.51(a)(2) at all times the
vessel is participating in a PCTC Program cooperative.
(c) Catch monitoring requirements for
motherships receiving unsorted codends
from a PCTC Program catcher vessel—(1)
Catch weighing. All catch, except halibut sorted on deck by vessels participating in the halibut deck sorting described at § 679.120, must be weighed on
a NMFS-approved scale in compliance
with
the
scale
requirements
at
§ 679.28(b). Each haul must be weighed
separately and all catch must be made
available for sampling by an observer.
(2) Additional catch monitoring requirements. Comply with catch monitoring
requirements specified at § 679.93(c).
(d) Catch monitoring requirements for
shoreside processors. All groundfish
landed by catcher vessels described at
§ 679.51(a)(2) must be sorted, weighed on
a scale approved by the State of Alaska
as described at § 679.28(c), and be made
available for sampling by an observer,
NMFS staff, or any individual authorized by NMFS. Any of these persons
must be allowed to test any scale used

§ 679.134
to weigh groundfish to determine its
accuracy.
(e) Catch accounting—(1) Pacific cod.
All Pacific cod harvests by a vessel
that is named on a PCTC Program CQ
application and fishing under a CQ permit will be debited against the CQ for
that cooperative during the fishing seasons as defined at § 679.130(a)(2).
(2) PCTC Program halibut and crab
PSC. All halibut and crab PSC used by
a vessel that is named on an Application PCTC Program CQ and fishing
under a CQ permit will be debited
against the CQ for that cooperative
during the fishing seasons as defined at
§ 679.130(a)(2).
(3) Groundfish sideboard limits. All
groundfish harvests in the BSAI and
GOA that are subject to a sideboard
limit for that groundfish species as described
under
§ 679.133(b),
except
groundfish harvested by a vessel when
participating in the Central GOA Rockfish Program, will be debited against
the applicable sideboard limit.
(f) Recordkeeping and reporting. The
owners and operators of catcher vessels
and processors authorized as participants in the PCTC Program must comply with the applicable recordkeeping
and reporting requirements of this section and must assign all catch to a
PCTC Program cooperative as applicable at the time of catch or receipt of
Pacific cod. All owners of catcher vessels and processors authorized as participants in the PCTC Program must
ensure that their designated representatives or employees comply with all
applicable recordkeeping and reporting
requirements.
(1) Logbook—(i) DFL. Operators of
catcher vessels participating in the
PCTC Program fishery must maintain
a daily fishing logbook for trawl gear
as described at § 679.5.
(ii) ELB. Operators of a catcher/processor designated on an LLP license
with a BSAI Pacific cod trawl
mothership
endorsement
or
a
mothership receiving CQ must use a
combination of NMFS-approved catcher/processor trawl gear ELB and
eLandings to record and report groundfish and PSC information as described
at § 679.5 to record PCTC Program landings and production.

883

§ 679.135

50 CFR Ch. VI (10–1–23 Edition)

(2) eLandings. Managers of shoreside
processors that receive Pacific cod in
the PCTC Program must use eLandings
or NMFS-approved software as described at § 679.5(e) to record PCTC Program landings and production.
(3) Production reports. Operators of a
catcher/processor designated on an
LLP license with a BSAI Pacific cod
trawl mothership endorsement that receives and purchases landings of CQ
must submit a production report as described at § 679.5(e)(10).
(4) Product transfer report (PTR), processors. Operators of a catcher/processor
designated on an LLP license with a
BSAI Pacific cod trawl mothership endorsement and managers of shoreside
processors that receive and purchase
landings of CQ must submit a PTR as
described at § 679.5(g).
(5) Vessel monitoring system (VMS) requirements. Operators of catcher vessels
assigned to a PCTC Program cooperative or that are subject to sideboard
limits detailed at § 679.133 must use
functioning VMS equipment as described at § 679.28(f) at all times when
operating in a reporting area off Alaska during the A and B season.
(6) PCTC Program cost recovery fee submission (See § 679.135).
(7) Pacific cod Ex-vessel Volume and
Value Report. A processor that receives
and purchases landings of CQ must submit annually to NMFS a complete Pacific cod Ex-vessel Volume and Value
Report, as described at § 679.5(u) for
each reporting period for which the
PCTC processor receives CQ.
[88 FR 53735, Aug. 8, 2023; 88 FR 57009, Aug. 22,
2023]

§ 679.135 PCTC Program cost recovery.
(a) Cost recovery fees—(1) Responsibility. Each PCTC Program cooperative
must comply with the requirements of
this section.
(i) Subsequent transfer of CQ or QS
held by PCTC Program cooperative
members does not affect the cooperative’s liability for noncompliance with
this section.
(ii) Non-renewal of a CQ permit does
not affect the cooperative’s liability
for noncompliance with this section.
(iii) Changes in the membership in a
PCTC Program cooperative, such as
members joining or departing during

the relevant year, or changes in the
amount of QS holdings of those members does not affect the cooperative’s
liability for noncompliance with this
section.
(2) Fee collection. PCTC Program cooperatives that receive CQ are responsible for submitting the cost recovery
payment for all CQ landings made
under the authority of their CQ permit.
(3) Payment. (i) A cooperative must
submit any cost recovery fee liability
payment(s) no later than August 31 following the calendar year in which the
CQ landings were made.
(ii) Make electronic payment payable
to NMFS.
(iii) Submit payment and related
documents as instructed on the NMFS
Alaska Region website as defined at
§ 679.2.
(iv) Payment must be made electronically in U.S. dollars using an approved payment method available on
the payment website.
(b) Pacific cod standard ex-vessel value
determination and use. NMFS will use
the standard prices calculated for Pacific cod based on information provided
in the Pacific Cod Ex-vessel Volume
and
Value
Report
described
at
§ 679.5(u)(1) from the previous calendar
year.
(c) PCTC Program fee percentage—(1)
Fee percentage. The fee percentage is
the amount as determined by the factors and methodology described in
paragraph (c)(2) of this section. This
amount will be announced by publication in the FEDERAL REGISTER. This
amount must not exceed 3.0 percent of
the gross ex-vessel value pursuant to 16
U.S.C. 1854(d)(2)(B).
(2) Calculating fee percentage value.
Each year NMFS shall calculate and
publish the fee percentage following
the fishing season in which the CQ
landings were made, according to the
following factors and methodology:
(i) NMFS must use the following factors to determine the fee percentage:
(A) The catch to which the PCTC
Program cost recovery fee will apply;
(B) The ex-vessel value of that catch;
and
(C) The costs directly related to the
management, data collection, and enforcement of the PCTC Program.

884

Fishery Conservation and Management
(ii) NMFS must use the following
equations to determine the fee percentage:
100 × DPC/V
where:
DPC = the direct program costs for the PCTC
Program for the previous calendar year
with any adjustments to the account
from payments received in the previous
year.
V = total of the standard ex-vessel value of
the catch subject to the PCTC cost recovery fee liability for the current year.

(iii) The calculated fee percentage is
applied to the ex-vessel value of CQ
landings made in the previous calendar
year.
(3) Applicable fee percentage. The cooperative must use the fee percentage applicable at the time a PCTC landing is
debited from a CQ allocation to calculate the cost recovery fee liability
for any retroactive payments for CQ
landed.
(4) Fee liability determination for a cooperative. (i) All cooperatives are subject to a fee liability for any CQ debited from a CQ allocation during a calendar year.
(ii) The PCTC Program fee liability
assessed to a PCTC Program cooperative is based on the proportion of the
standard ex-vessel value of Pacific cod
debited from the cooperative’s CQ relative to all cooperatives during a calendar year as determined by NMFS.
(iii) NMFS will provide a fee liability
summary letter to all cooperatives by
no later than August 1 of each year.
The summary will explain the fee liability determination including the
current fee percentage, details of CQ
pounds debited from CQ allocations by
permit, species, date, and prices.
(d) Underpayment of fee liability. (1)
Pursuant to § 679.131, no cooperative
will receive any CQ unless that cooperative has made full payment of cost recovery liability at the time it applies
for CQ.
(2) If a cooperative fails to submit
full payment for PCTC Program cost
recovery fee liability by the date described in paragraph (a)(3) of this section:
(i) At any time thereafter the Regional Administrator may send an IAD
to the cooperative stating the amount
of the cooperative’s estimated fee li-

Pt. 679, App. A
ability that is past due and requesting
payment. If payment is not received by
the 30th day after the date on the IAD,
the agency may pursue collection of
the unpaid fees.
(ii) The Regional Administrator may
disapprove any application to transfer
CQ to or from the cooperative in accordance with § 679.130.
(iii) No CQ permit will be issued to
that cooperative for that following calendar year and the Regional Administrator may continue to prohibit
issuance of a CQ permit for any subsequent calendar years until NMFS receives the unpaid fees.
(iv) No CQ will be issued based on the
QS held by the members of that PCTC
Program cooperative to any other CQ
permit for any subsequent calendar
years until NMFS receives the unpaid
fees.
(e) Over payment. Payment submitted
to NMFS in excess of the annual PCTC
Program cost recovery fee liability for
a cooperative will be credited against
the cooperative’s future cost recovery
fee liability unless the cooperative requests the agency refund the over payment. Payment processing fees may be
deducted from any fees returned to the
cooperative.
(f) Appeals. A cooperative that receives an IAD for incomplete payment
of a fee liability may appeal the IAD
pursuant to 15 CFR part 906.
(g) Annual report. Each year, NMFS
will publish a report describing the
PCTC Program cost recovery fee program.
APPENDIX A TO PART 679—PERFORMANCE AND TECHNICAL REQUIREMENTS
FOR SCALES USED TO WEIGH CATCH
AT SEA IN THE GROUNDFISH FISHERIES OFF ALASKA
TABLE OF CONTENTS
1.
2.

885

Introduction
Belt Scales
2.1 Applicability
2.2 Performance Requirements
2.2.1 Maximum Permissible Errors
2.2.1.1 Laboratory Tests
2.2.1.2 Zero Load Tests
2.2.1.3 Material Tests
2.2.2 Minimum Flow Rate (Smin)
2.2.3 Minimum Totalized Load (Smin)
2.2.4 Influence Quantities
2.2.4.1 Temperature
2.2.4.2 Power Supply

Pt. 679, App. A

50 CFR Ch. VI (10–1–23 Edition)

2.3 Technical Requirements
2.3.1 Indicators and Printers
2.3.1.1 General
2.3.1.2 Values Defined
2.3.1.3 Units
2.3.1.4 Value of the Scale Division
2.3.1.5 Range of Indication
2.3.1.6 Resettable and Non-resettable Values
2.3.1.7 Rate of Flow Indicator
2.3.1.8 Printed Information
2.3.1.9 Permanence of Markings
2.3.1.10 Power Loss
2.3.1.11 Adjustable Components
2.3.1.12 Audit Trail
2.3.1.13 Adjustments to Scale Weights
2.3.2 Weighing Elements
2.3.2.1 Speed Measurement
2.3.2.2 Conveyer Belt
2.3.2.3 Overload Protection
2.3.2.4 Speed Control
2.3.2.5 Adjustable Components
2.3.2.6 Motion Compensation
2.3.3 Installation Conditions
2.3.4 Marking
2.3.4.1 Presentation
2.4 Tests
2.4.1 Minimum Test Load
2.4.2 Laboratory Tests
2.4.2.1 Influence Quantity and Disturbance Tests
2.4.2.2 Zero-Load Tests
2.4.2.3 Material Tests
2.4.3 Annual Scale Inspections
2.4.3.1 Zero-Load Tests
2.4.3.2 Material Tests
3. Automatic Hopper Scales
3.1 Applicability
3.2 Performance Requirements
3.2.1 Maximum Permissible Errors
3.2.1.1 Laboratory Tests
3.2.1.2 Increasing and Decreasing Load
Tests
3.2.2 Minimum Weighment (Smin)
3.2.3 Minimum Totalized Load (Lot)
3.2.4 Influence Quantities
3.2.4.1 Temperature
3.2.4.1.1 Operating Temperature
3.2.4.2 Power Supply
3.3 Technical Requirements
3.3.1 Indicators and Printers
3.3.1.1 General
3.3.1.2 Values Defined
3.3.1.3 Units
3.3.1.4 Value of the Scale Division
3.3.1.5 Weighing Sequence
3.3.1.6 Printing Sequence
3.3.1.7 Printed Information
3.3.1.8 Permanence of Markings
3.3.1.9 Range of Indication
3.3.1.10 Non-resettable Values
3.3.1.11 Power Loss
3.3.1.12 Adjustable Components
3.3.1.13 Audit Trail
3.3.1.14 Zero-Load Adjustment
3.3.1.14.1 Manual
3.3.1.14.2 Semi-automatic

3.3.1.15 Damping Means
3.3.1.16 Adjustments to Scale Weights
3.3.2 Interlocks and Gate Control
3.3.3 Overfill Sensor
3.3.4 Weighing Elements
3.3.4.1 Overload Protection
3.3.4.2 Adjustable Components
3.3.4.3 Motion Compensation
3.3.5 Installation Conditions
3.3.6 Marking
3.3.6.1 Presentation
3.4 Tests
3.4.1 Standards
3.4.2 Laboratory Tests
3.4.2.1 Influence Quantity and Disturbance Tests
3.4.2.2 Performance Tests
3.4.3 Annual Scale Inspections
4. Platform Scales and Hanging Scales
4.1 Applicability
4.2 Performance Requirements
4.2.1 Maximum Permissible Errors
4.2.1.1 Laboratory Tests
4.2.1.2 Increasing and Decreasing Load
and Shift Tests
4.2.2 Accuracy Classes
4.2.3 Minimum Load
4.2.4 Influence Quantities
4.2.4.1 Temperature
4.2.4.1.1 Operating Temperature
4.2.4.2 Power Supply
4.3 Technical Requirements
4.3.1 Indicators and Printers
4.3.1.1 General
4.3.1.2 Values Defined
4.3.1.3 Units
4.3.1.4 Value of the Scale Division
4.3.1.5 Printed Information
4.3.1.6 Permanence of Markings
4.3.1.7 Power Loss
4.3.1.8 Adjustable Components
4.3.1.9 Zero-Load Adjustment
4.3.1.9.1 Manual
4.3.1.9.2 Semi-automatic
4.3.1.10 Damping Means
4.3.2 Weighing Elements
4.3.2.1 Overload Protection
4.3.2.2 Adjustable Components
4.3.2.3 Motion Compensation
4.3.3 Installation Conditions
4.3.4 Marking
4.3.4.1 Presentation
4.4 Tests
4.4.1 Standards
4.4.2 Laboratory Tests
4.4.2.1 Influence Quantities and Disturbance Tests
4.4.2.2 Performance Tests
4.4.3 Annual Scale Inspections
5. Definitions
ANNEX A OF APPENDIX A TO PART 679—
INFLUENCE QUANTITY AND DISTURBANCE TESTS
A.1 General
A.2 Test considerations
A.3 Tests
A.3.1 Static Temperatures

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Fishery Conservation and Management
A.3.2 Damp Heat, Steady State
A.3.3 Power Voltage Variation
A.3.4 Short Time Power Reduction
A.3.5 Bursts
A.3.6 Electrostatic Discharge
A.3.7 Electromagnetic Susceptibility
A.4 Bibliography
1. Introduction
(a) This appendix to part 679 contains the
performance and technical requirements for
scales to be approved by NMFS for use to
weigh, at sea, catch from the groundfish fisheries off Alaska. The performance and technical requirements in this document have
not been reviewed or endorsed by the National Conference on Weights and Measures.
Regulations implementing the requirements
of this appendix and additional requirements
for and with respect to scales used to weigh
catch at sea are found at 50 CFR 679.28(b).
(b) Revisions, amendments, or additions to
this appendix may be made after notice and
opportunity for public comments. Send requests for revisions, amendments, or additions to the Sustainable Fisheries Division,
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802.
(c) Types of Scales Covered by Appendix—
This appendix contains performance and
technical requirements for belt, automatic
hopper, platform, and hanging scales.
(d) Testing and Approval of Scales Used to
Weigh Catch at Sea—Scales used to weigh
catch at sea are required to comply with four
categories of performance and technical requirements: (1) Type evaluation; (2) initial
inspection after installation while the vessel
is tied up at a dock and is not under power
at sea; (3) annual reinspection while the vessel is tied up at a dock and is not under
power at sea; and (4) daily at-sea tests of the
scale’s accuracy. This appendix contains
only the performance and technical requirements for type evaluation and initial and annual reinspections by an authorized scale inspector.
2. Belt Scales
2.1 Applicability. The requirements in this
section apply to a scale or scale system that
employs a conveyor belt in contact with a
weighing element to determine the weight of
a bulk commodity being conveyed across the
scale.
2.2 Performance Requirements—2.2.1 Maximum Permissible Errors. For laboratory tests
of a scale and initial inspections and annual
reinspections of an installed scale when the
vessel is tied up at a dock and is not under
power at sea, the following maximum permissible errors (MPEs) are specified:
2.2.1.1 Laboratory Tests. See annex A to
this appendix A for procedures for disturbance tests and influence factors.

Pt. 679, App. A
a. Disturbances. ±0.18 percent of the weight
of the load totalized.
b. Influence Factors. ±0.25 percent of the
weight of the load totalized.
c. Temperature Effect at Zero Flow Rate. The
difference between the values obtained at
zero flow rate taken at temperatures that
differ by 10 °C ±0.2 °C must not be greater
than 0.035 percent of the weight of the load
totalized at the maximum flow-rate for the
time of the test.
2.2.1.2 Zero Load Tests. For zero load tests
conducted in a laboratory or on a scale installed on a vessel and conducted when the
vessel is tied up at a dock and not under
power at sea, ±0.1 percent of the value of the
minimum totalized load or 1 scale division
(d), whichever is greater.
2.2.1.3 Material Tests. For material tests
conducted in a laboratory or on a scale installed on a vessel and conducted when the
vessel is tied up at a dock and not under
power at sea, ±1.0 percent of the known
weight of the test material.
2.2.2 Minimum Flow Rate (Qmin). The minimum flow rate must be specified by the
manufacturer and must not be greater than
35 percent of the rated capacity of the scale
in kilograms per hour (kg/hr) or metric tons
per hour (mt/hr).
2.2.3 Minimum Totalized Load (Smin). The
minimum totalized load must not be less
than the greater of—
a. Two percent of the load totalized in 1
hour at the maximum flow rate;
b. The load obtained at the maximum flow
rate in 1 revolution of the belt; or
c. A load equal to 800 scale divisions (d).
2.2.4 Influence Quantities. The following
requirements apply to influence factor tests
conducted in the laboratory.
2.2.4.1 Temperature. A belt scale must
comply with the performance and technical
requirements at a range of temperatures
from ¥10 °C to + 40 °C. However, for special
applications the temperature range may be
different, but the range must not be less
than 30 °C and must be so specified on the
scale’s descriptive markings.
2.2.4.2 Power Supply. A belt scale must
comply with the performance and technical
requirements when operated within a range
of ¥15 percent to + 10 percent of the power
supply specified on the scale’s descriptive
markings.
2.3.1 Technical Requirements.
2.3.1 Indicators and Printers.
2.3.1.1 General. A belt scale must be
equipped with an indicator capable of displaying both the weight of fish in each haul
or set and the cumulative weight of all fish
or other material weighed on the scale between annual inspections (‘‘the cumulative
weight’’), a rate of flow indicator, and a

887

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50 CFR Ch. VI (10–1–23 Edition)

printer. The indications and printed representations must be clear, definite, accurate, and easily read under all conditions of
normal operation of the belt scale.
2.3.1.2 Values Defined. If indications or
printed representations are intended to have
specific values, these must be defined by a
sufficient number of figures, words, or symbols, uniformly placed with reference to the
indications or printed representations and as
close as practicable to the indications or
printed representations but not so positioned
as to interfere with the accuracy of reading.
2.3.1.3 Units. The weight of each haul or
set must be indicated in kilograms, and the
cumulative weight must be indicated in either kilograms or metric tons and decimal
subdivisions.
2.3.1.4 Value of the Scale Division. The
value of the scale division (d) expressed in a
unit of weight must be equal to 1, 2, or 5, or
a decimal multiple or sub-multiple of 1, 2, or
5.
2.3.1.5 Range of Indication. The range of
the weight indications and printed values for
each haul or set must be from 0 kg to 999,999
kg and for the cumulative weight must be
from 0 to 99,999 metric tons.
2.3.1.6 Resettable and Non-resettable Values.
The means to indicate the weight of fish in
each haul or set must be resettable to zero.
The means to indicate the cumulative
weight must not be resettable to zero without breaking a security means and must be
reset only upon direction of NMFS or an authorized scale inspector.
2.3.1.7 Rate of Flow Indicator. Permanent
means must be provided to produce an audio
or visual signal when the rate of flow is less
than the minimum flow rate or greater than
98 percent of the maximum flow rate.
2.3.1.8 Printed Information. The information printed must include—
a. For catch weight:
i. The vessel name;
ii. The Federal fisheries or processor permit number of the vessel;
iii. The haul or set number;
iv. The total weight of catch in each haul
or set;
v. The total cumulative weight of all fish
or other material weighed on the scale; and
vi. The date and time the information is
printed.
b. For the audit trail:
i. The vessel name;
ii. The Federal fisheries or processor permit number of the vessel;
iii. The date and time (to the nearest
minute) that the adjustment was made;
iv. The name or type of adjustment being
made; and
v. The initial and final values of the parameter being changed.
2.3.1.9 Permanence of Markings. All required indications, markings, and instructions must be distinct and easily readable

and must be of such character that they will
not tend to become obliterated or illegible.
2.3.1.10 Power Loss. In the event of a power
failure, means must be provided to retain in
a memory the weight of fish in each haul or
set for which a printed record has not yet
been made, the cumulative weight, and the
information on the audit trail.
2.3.1.11 Adjustable Components. An adjustable component that when adjusted affects
the performance or accuracy of the scale
must be held securely in position and must
not be capable of adjustment without breaking a security means unless a record of the
adjustment is made on the audit trail described in 2.3.1.12.
2.3.1.12 Audit Trail. An audit trail in the
form of an event logger must be provided to
document changes made using adjustable
components. The following information must
be provided in an electronic form that cannot be changed or erased by the scale operator, can be printed at any time, and can be
cleared by the scale manufacturer’s representative upon direction by NMFS or by an
authorized scale inspector:
a. The date and time (to the nearest
minute) of the change;
b. The name or type of adjustment being
made; and
c. The initial and final values of the parameter being changed.
2.3.1.13 Adjustments to Scale Weights. The
indicators and printer must be designed so
that the scale operator cannot change or adjust the indicated and printed weight values.
2.3.2 Weighing Elements.
2.3.2.1 Speed Measurement. A belt scale
must be equipped with means to accurately
sense the belt travel and/or speed whether
the belt is loaded or empty.
2.3.2.2 Conveyer Belt. The weight per unit
length of the conveyor belt must be practically constant. Belt joints must be such
that there are no significant effects on the
weighing results.
2.3.2.3 Overload Protection. The load receiver must be equipped with means so that
an overload of 150 percent or more of the capacity does not affect the metrological characteristics of the scale.
2.3.2.4 Speed Control. The speed of the belt
must not vary by more than 5 percent of the
nominal speed.
2.3.2.5 Adjustable Components. An adjustable component that can affect the performance of the belt scale must be held securely
in position and must not be capable of adjustment without breaking a security means.
2.3.2.6 Motion Compensation. A belt scale
must be equipped with automatic means to
compensate for the motion of a vessel at sea
so that the weight values indicated are within the MPEs. Such means shall be a reference load cell and a reference mass weight
or other equally effective means. When

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equivalent means are utilized, the manufacturer must provide NMFS with information
demonstrating that the scale can weigh accurately at sea.
2.3.3 Installation Conditions. A belt scale
must be rigidly installed in a level condition.
2.3.4 Marking. A belt scale must be
marked with the—
a. Name, initials, or trademark of the manufacturer or distributer;
b. Model designation;
c. Non-repetitive serial number;
d. Maximum flow rate (Qmax);
e. Minimum flow rate (Qmin);
f. Minimum totalized load (Smin);
g. Value of a scale division (d);
h. Belt speed;
i. Weigh length;
j. Maximum capacity (Max);
k. Temperature range (if applicable); and
l. Mains voltage.
2.3.4.1 Presentation. The markings must be
reasonably permanent and of such size,
shape, and clarity to provide easy reading in
normal conditions of use. They must be
grouped together in a place visible to the operator.
2.4 Tests.
2.4.1 Minimum Test Load. The minimum
test load must be the greater of—
a. 2 percent of the load totalized in 1 hour
at the maximum flow rate;
b. The load obtained at maximum flow rate
in one revolution of the belt; or
c. A load equal to 800 scale divisions.
2.4.2 Laboratory Tests.
2.4.2.1 Influence Quantity and Disturbance
Tests. Tests must be conducted according to
annex A and the results of these tests must
be within the values specified in section
2.2.1.1.
2.4.2.2 Zero-Load Tests. A zero-load test
must be conducted for a time equal to that
required to deliver the minimum totalized
load (‘‘min). At least two zero-load tests
must be conducted prior to a material test.
The results of these tests must be within the
values specified in section 2.2.1.2.
2.4.2.3 Material Tests. At least one material test must be conducted with the weight
of the material or simulated material equal
to or greater than the minimum test load.
The results of these tests must be within the
values specified in section 2.2.1.3.
2.4.3 Annual Inspections.
2.4.3.1 Zero-Load Tests. A zero-load test
must be conducted for a time equal to that
required to deliver the minimum totalized
load (Smin). At least one zero-load test must
be conducted prior to each material test. The
results of this test must be within the values
specified in section 2.2.1.2.
2.4.3.2 Material Tests. At least one material or simulated material test must be conducted with the weight of the material or
simulated material equal to or greater than

Pt. 679, App. A
the minimum test load. The results of these
tests must be within the values specified in
section 2.2.1.3.
3. Automatic Hopper Scales
3.1 Applicability. The requirements in this
section apply to a scale or scale system that
is designed for automatic weighing of a bulk
commodity in predetermined amounts.
3.2 Performance Requirements.
3.2.1 Maximum Permissible Errors. For laboratory tests of a scale and initial inspection
and annual reinspections of an installed
scale when the vessel is tied up at a dock and
is not under power at sea, the following
MPEs are specified:
3.2.1.1 Laboratory Tests. See annex A to appendix A for procedures for disturbance test
and influence factors.
a. Disturbances. Significant fault (sf)
(±scale division).
b. Influence Factors. ±1 percent of test load.
3.2.1.2 Increasing and Decreasing Load
Tests. For increasing and decreasing load
tests conducted in a laboratory or on a scale
installed on a vessel tied up at a dock and
not under power at sea, ±1.0 percent of the
test load.
3.2.2 Minimum Weighment (Smin). The minimum weighment must not be less than 20
percent of the weighing capacity, or a load
equal to 100 scale intervals (d), except for the
final weighment of a lot.
3.2.3 Minimum Totalized Load (Lot). The
minimum totalized load must not be less
than 4 weighments.
3.2.4 Influence Quantities. The following
requirements apply to influence factor tests
conducted in the laboratory:
3.2.4.1 Temperature. A hopper scale must
comply with the metrological and technical
requirements at temperatures from ¥10 °C to
+ 40 °C. However, for special applications the
temperature range may be different, but the
range must not be less than 30 °C and must
be so specified on the scale’s descriptive
markings.
3.2.4.1.1 Operating Temperature. A hopper
scale must not display or print any usable
weight values until the operating temperature necessary for accurate weighing and a
stable zero-balance condition have been attained.
3.2.4.2 Power Supply. A hopper scale must
comply with the performance and technical
requirements when operated within ¥15 percent to + 10 percent of the power supply specified on the scale’s descriptive markings.
3.3 Technical Requirements.
3.3.1 Indicators and Printers.
3.3.1.1 General. a. A hopper scale must be
equipped with an indicator and printer that
indicates and prints the weight of each load
and a no-load reference value; and a printer
that prints the total weight of fish in each
haul or set and the total cumulative weight
of all fish and other material weighed on the

889

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50 CFR Ch. VI (10–1–23 Edition)

scale between annual inspections (‘‘the cumulative weight’’). The indications and
printed information must be clear, definite,
accurate, and easily read under all conditions of normal operation of the hopper
scale.
b. A no-load reference value may be a positive or negative value in terms of scale divisions or zero. When the no-load reference
value is zero, the scale must return to a zero
indication (within ±0.5 scale division) when
the load receptor (hopper) is empty following
the discharge of all loads, without the intervention of either automatic or manual
means.
3.3.1.2 Values Defined. If indications or
printed representations are intended to have
specific values, these must be defined by a
sufficient number of figures, words, or symbols, uniformly placed with reference to the
indications or printed representations and as
close as practicable to the indications or
printed representations but not so positioned
as to interfere with the accuracy of reading.
3.3.1.3 Units. The weight of each haul or
set must be indicated in kilograms, and the
cumulative weight must be indicated in either kilograms or metric tons and decimal
subdivisions.
3.3.1.4 Value of the Scale Division. The
value of the scale division (d) expressed in a
unit of weight must be equal to 1, 2, or 5, or
a decimal multiple or sub-multiple of 1, 2, or
5.
3.3.1.5 Weighing Sequence. For hopper
scales used to receive (weigh in), the no-load
reference value must be determined and
printed only at the beginning of each weighing cycle. For hopper scales used to deliver
(weigh out), the no-load reference value must
be determined and printed only after the
gross-load weight value for each weighing
cycle has been indicated and printed.
3.3.1.6 Printing Sequence. Provision must
be made so that all weight values are indicated until the completion of the printing of
the indicated values.
3.3.1.7 Printed Information. The information printed must include—
a. For catch weight:
i. The vessel name;
ii. The Federal fisheries or processor permit number of the vessel;
iii. The haul or set number;
iv. The total weight of catch in each haul
or set;
v. The total cumulative weight of all fish
or other material weighed on the scale; and
vi. The date and time the information is
printed.
b. For the audit trail:
i. The vessel name;
ii. The Federal fisheries or processor permit number of the vessel;
iii. The date and time (to the nearest
minute) of the change;

iv. The name or type of adjustment being
made; and
v. The initial and final values of the parameter being changed.
3.3.1.8 Permanence of Markings. All required indications, markings, and instructions must be distinct and easily readable
and must be of such character that they will
not tend to become obliterated or illegible.
3.3.1.9 Range of Indication. The range of
the weight indications and printed values for
each haul or set must be from 0 kg to 999,999
kg and for the cumulative weight must be
from 0 to 99,999 metric tons.
3.3.1.10 Non-Resettable Values. The cumulative weight must not be resettable to zero
without breaking a security means and must
be reset only upon direction by NMFS or by
an authorized scale inspector.
3.3.1.11 Power Loss. In the event of a power
failure, means must be provided to retain in
a memory the weight of fish in each haul or
set for which a printed record has not yet
been made, the cumulative weight, and the
information on the audit trail described in
3.3.1.13.
3.3.1.12 Adjustable Components. An adjustable component that, when adjusted, affects
the performance or accuracy of the scale
must not be capable of adjustment without
breaking a security means, unless a record of
the adjustment is made on the audit trail described in 3.3.1.13.
3.3.1.13 Audit Trail. An audit trail in the
form of an event logger must be provided to
document changes made using adjustable
components. The following information must
be provided in an electronic form that cannot be changed or erased by the scale operator, can be printed at any time, and can be
cleared by the scale manufacturer’s representative upon direction of NMFS or by an
authorized scale inspector:
a. The date and time (to the nearest
minute) of the change;
b. The name or type of adjustment being
made; and
c. The initial and final values of the parameter being changed.
3.3.1.14 Zero-Load Adjustment. A hopper
scale must be equipped with a manual or
semi-automatic means that can be used to
adjust the zero-load balance or no-load reference value.
3.3.1.14.1 Manual. A manual means must
be operable or accessible only by a tool outside of, or entirely separate from, this mechanism or enclosed in a cabinet.
3.3.1.14.2 Semi-Automatic.
A
semi-automatic means must be operable only when the
indication is stable within ±1 scale division
and cannot be operated during a weighing
cycle (operation).
3.3.1.15 Damping Means. A hopper scale
must be equipped with effective automatic
means to bring the indications quickly to a

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Fishery Conservation and Management
readable stable equilibrium. Effective automatic means must also be provided to permit
the recording of weight values only when the
indication is stable within plus or minus one
scale division.
3.3.1.16 Adjustments to Scale Weights. The
indicators and printer must be designed so
that the scale operator cannot change or adjust the indicated and printed weight values.
3.3.2 Interlocks and Gate Control. A hopper
scale must have operating interlocks so
that—
a. Product cannot be weighed if the printer
is disconnected or subject to a power loss;
b. The printer cannot print a weight if either of the gates leading to or from the
weigh hopper is open;
c. The low paper sensor of the printer is activated;
d. The system will operate only in the sequence intended; and
e. If the overfill sensor is activated, this
condition is indicated to the operator and is
printed.
3.3.3 Overfill Sensor. The weigh hopper
must be equipped with an overfill sensor that
will cause the feed gate to close, activate an
alarm, and stop the weighing operation until
the overfill condition has been corrected.
3.3.4 Weighing Elements.
3.3.4.1 Overload Protection. The weigh hopper must be equipped with means so that an
overload of 150 percent or more of the capacity of the hopper does not affect the
metrological characteristics of the scale.
3.3.4.2 Adjustable Components. An adjustable component that can affect the performance of the hopper scale must be held securely in position and must not be capable of
adjustment without breaking a security
means.
3.3.4.3 Motion Compensation. A hopper
scale must be equipped with automatic
means to compensate for the motion of a
vessel at sea so that the weight values indicated are within the MPEs. Such means shall
be a reference load cell and a reference mass
weight or other equally effective means.
When equivalent means are utilized, the
manufacturer must provide NMFS with information demonstrating that the scale can
weigh accurately at sea.
3.3.5 Installation Conditions. A hopper scale
must be rigidly installed in a level condition.
3.3.6 Marking. A hopper scale must be
marked with the following:
a. Name, initials, or trademark of the manufacturer or distributer;
b. Model designation;
c. Non-repetitive serial number;
d. Maximum capacity (Max);
e. Minimum capacity (min);
f. Minimum totalized load (Smin);
g. Minimum weighment;
h. Value of the scale division (d);
i. Temperature range (if applicable); and
j. Mains voltage.

Pt. 679, App. A
3.3.6.1 Presentation. Descriptive markings
must be reasonably permanent and grouped
together in a place visible to the operator.
3.4 Tests.
3.4.1 Standards. The error of the standards
used must not exceed 25 percent of the MPE
to be applied.
3.4.2 Laboratory Tests.
3.4.2.1 Influence Quantity and Disturbance
Tests. Tests must be conducted according to
annex A and the results of these tests must
be within the values specified in section
3.2.1.1.
3.4.2.2 Performance
Tests.
Performance
tests must be conducted as follows:
a. Increasing load test. At least five increasing load tests must be conducted with test
loads at the minimum load, at a load near
capacity, and at 2 or more critical points in
between; and
b. Decreasing load test. A decreasing load
test must be conducted with a test load approximately equal to one-half capacity when
removing the test loads of an increasing load
test.
3.4.3 Annual Inspections.
At least two increasing load tests and two
decreasing load tests must be conducted as
specified in 3.4.2.2. Additionally, tests must
be conducted with test loads approximately
equal to the weight of loads at which the
scale is normally used.
4. Platform Scales and Hanging Scales
4.1 Applicability. The requirements in this
section apply to platform and hanging scales
used to weigh total catch. Platform scales
used only as observer sampling scales or to
determine the known weight of fish for a material test of another scale are not required
to have a printer under sections 4.3.1 and
4.3.1.5 or an audit trail under section 4.3.1.8.
4.2 Performance Requirements.
4.2.1 Maximum Permissible Errors. For laboratory tests of a scale and initial inspection
and annual reinspections of an installed
scale while the vessel is tied up at a dock
and is not under power at sea, the following
MPEs are specified:
4.2.1.1 Laboratory Tests. See annex A to
this appendix A for procedures for disturbance tests and influence factors.
a. Disturbances. Significant fault (±1 scale
division); and
b. Influence Factors. See Table 1 in section
4.2.1.2.
4.2.1.2 Increasing and Decreasing Load and
Shift Tests. Increasing and decreasing load
and shift tests conducted in a laboratory or
on a scale installed on a vessel while the vessel is tied up at a dock and is not under
power at sea, see Table 1 as follows:

891

Pt. 679, App. A

50 CFR Ch. VI (10–1–23 Edition)

TABLE 1—INFLUENCE FACTORS
Test load in scale divisions (d)
Class

III 1

0 26 ft to 55 ft LOA and without masts, poles, or rigging

minimum of one buoy bag line

>26 ft to 55 ft LOA and with masts, poles, or rigging

minimum of a single streamer line of a standard specified at
§ 679.24(e)(4)(ii)

982

Fishery Conservation and Management

Pt. 679, Table 20

>55 ft LOA

minimum of paired streamer lines of a standard specified at
§ 679.24(e)(4)(iii)

If you operate a vessel deploying hook-and-line gear and
use snap gear in waters specified at § 679.24(e)(3), and
your vessel is...

then you must use this seabird avoidance gear in conjunction with requirements at § 679.24(e)...

>26 ft to 55 ft LOA and without masts, poles, or rigging

minimum of one buoy bag line

>26 ft to 55 ft LOA and with masts, poles, or rigging

minimum of a single streamer line of a standard specified at
§ 679.24(e)(4)(iv)

>55 ft LOA

minimum of a single streamer line of a standard specified at
§ 679.24(e)(4)(iv)

If you operate any of the following hook-and-line vessels...

then...

<32 ft LOA in the State waters of IPHC Area 4E

you are exempt from seabird avoidance measures.

in NMFS Reporting Area 649 (Prince William Sound)
in State waters of Cook Inlet
in NMFS Reporting Area 659 (Eastern GOA Regulatory Area,
Southeast Inside District), but not including waters in the
areas south of a straight line at 56°17.25 N. lat. between
Point Harris and Port Armstrong in Chatham Strait, State
statistical areas 325431 and 325401, and west of a straight
line at 136°21.17 E. long. from Point Wimbledon extending
south through the Inian Islands to Point Lavinia
≤55 ft LOA in IPHC Area 4E but not including waters south of
60°00.00 N. lat. and west of 160°00.00 W. long.

[74 FR 13358, Mar. 27, 2009]

983

Pt. 679, Table 21

50 CFR Ch. VI (10–1–23 Edition)

TABLE 21 TO PART 679—ELIGIBLE COMMUNITIES, HALIBUT IFQ REGULATORY AREA
LOCATION, COMMUNITY GOVERNING BODY THAT RECOMMENDS THE CQE, AND THE
FISHING PROGRAMS AND ASSOCIATED AREAS WHERE A CQE REPRESENTING AN
ELIGIBLE COMMUNITY MAY BE PERMITTED TO PARTICIPATE

984

Fishery Conservation and Management

985

Pt. 679, Table 21

Pt. 679, Table 21

50 CFR Ch. VI (10–1–23 Edition)

986

Fishery Conservation and Management

987

Pt. 679, Table 21

Pt. 679, Table 22

50 CFR Ch. VI (10–1–23 Edition)

[79 FR 66332, Nov. 7, 2014]

TABLE 22 TO PART 679— ALASKA SEAMOUNT HABITAT PROTECTION AREAS
Area No.

Name

Latitude

1 ...................................

Dickins Seamount ...................................................................

988

54 39.00 N

Longitude
136 48.00 W

Fishery Conservation and Management
Area No.

Pt. 679, Table 22

Name

Latitude

Longitude

54 39.00 N
54 27.00 N
54 27.00 N

137 9.00 W
137 9.00 W
136 48.00 W

2 ...................................

Denson Seamount ..................................................................

54
54
53
53

13.20
13.20
57.00
57.00

N
N
N
N

137
137
137
137

6.00 W
36.00 W
36.00 W
6.00 W

3 ...................................

Brown Seamount ....................................................................

55
55
54
54

0.00 N
0.00 N
48.00 N
48.00 N

138
138
138
138

24.00
48.00
48.00
24.00

4 ...................................

Welker Seamount ...................................................................

55
55
55
55

13.80 N
13.80 N
1.80 N
1.80 N

140
140
140
140

9.60 W
33.00 W
33.00 W
9.60 W

5 ...................................

Dall Seamount ........................................................................

58
58
57
57

18.00
18.00
45.00
45.00

N
N
N
N

144
145
145
144

54.00
48.00
48.00
54.00

6 ...................................

Quinn Seamount ....................................................................

56
56
56
56

27.00
27.00
12.00
12.00

N
N
N
N

145
145
145
145

0.00 W
24.00 W
24.00 W
0.00 W

7 ...................................

Giacomini Seamount ..............................................................

56
56
56
56

37.20
37.20
25.20
25.20

N
N
N
N

146
146
146
146

7.20 W
31.80 W
31.80 W
7.20 W

8 ...................................

Kodiak Seamount ...................................................................

57
57
56
56

0.00 N
0.00 N
48.00 N
48.00 N

149
149
149
149

6.00 W
30.00 W
30.00 W
6.00 W

9 ...................................

Odessey Seamount ................................................................

54
54
54
54

42.00
42.00
30.00
30.00

N
N
N
N

149
150
150
149

30.00 W
0.00 W
0.00 W
30.00 W

10 .................................

Patton Seamount ....................................................................

54
54
54
54

43.20
43.20
34.20
34.20

N
N
N
N

150
150
150
150

18.00
36.00
36.00
18.00

11 .................................

Chirikof & Marchand Seamounts ...........................................

55
55
54
54

6.00 N
6.00 N
42.00 N
42.00 N

151
153
153
151

0.00 W
42.00 W
42.00 W
0.00 W

12 .................................

Sirius Seamount .....................................................................

52
52
51
51

6.00 N
6.00 N
57.00 N
57.00 N

160
161
161
160

36.00 W
6.00 W
6.00 W
36.00 W

13 .................................

Derickson Seamount ..............................................................

53
53
52
52

0.00 N
0.00 N
48.00 N
48.00 N

161
161
161
161

0.00 W
30.00 W
30.00 W
0.00 W

14 .................................

Unimak Seamount ..................................................................

53
53
53
53

48.00
48.00
39.00
39.00

162
162
162
162

18.00
42.00
42.00
18.00

15 .................................

Bowers Seamount ..................................................................

54 9.00 N
54 9.00 N
54 4.20 N

989

N
N
N
N

W
W
W
W

W
W
W
W

W
W
W
W

W
W
W
W

174 52.20 E
174 42.00 E
174 42.00 E

Pt. 679, Table 23

50 CFR Ch. VI (10–1–23 Edition)

Area No.

Name

Latitude
54 4.20 N

Longitude
174 52.20 E

NOTE: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for
each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North American Datum 1983, Albers.

[71 FR 36703, June 28, 2006]

TABLE 23 TO PART 679—ALEUTIAN ISLANDS CORAL HABITAT PROTECTION AREAS
Area No.

Name

1 ...................................

Great Sitkin I ...........................................................................

52
52
52
52

9.56
9.56
4.69
6.59

Latitude

2 ...................................

Cape Moffett I .........................................................................

52
52
51
51
51

3 ...................................

Adak Canyon ..........................................................................

4 ...................................

N
N
N
N

Longitude
176
176
176
176

6.14 W
12.44 W
12.44 W
6.12 W

0.11 N
0.10 N
55.69 N
55.69 N
57.96 N

176
176
176
176
176

46.65
53.00
53.00
48.59
46.52

51
51
51
51

39.00
39.00
30.00
30.00

N
N
N
N

177
177
177
177

0.00
3.00
3.00
0.00

Bobrof I ...................................................................................

51
51
51
51

57.35
57.36
51.65
51.71

N
N
N
N

177
177
177
177

19.94
29.11
29.11
19.93

5 ...................................

Ulak I ......................................................................................

51
51
51
51

25.85
25.69
22.28
22.28

N
N
N
N

178
179
179
178

59.00 W
6.00 W
6.00 W
58.95 W

6 ...................................

Semisopochnoi I .....................................................................

51
51
51
51

53.10
53.10
48.84
48.89

N
N
N
N

179
179
179
179

53.11
46.55
46.55
53.11

W
W
W
W
W

W
W
W
W
W
W
W
W

E
E
E
E

NOTE: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for
each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North American Datum 1983, Albers.

[71 FR 36703, June 28, 2006]

990

Fishery Conservation and Management

Pt. 679, Table 24

TABLE 24 TO PART 679—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS
HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING

991

Pt. 679, Table 24

50 CFR Ch. VI (10–1–23 Edition)

992

Fishery Conservation and Management

993

Pt. 679, Table 24

Pt. 679, Table 24

50 CFR Ch. VI (10–1–23 Edition)

994

Fishery Conservation and Management

995

Pt. 679, Table 24

Pt. 679, Table 24

50 CFR Ch. VI (10–1–23 Edition)

996

Fishery Conservation and Management

997

Pt. 679, Table 24

Pt. 679, Table 24

50 CFR Ch. VI (10–1–23 Edition)

998

Fishery Conservation and Management

999

Pt. 679, Table 24

Pt. 679, Table 24

50 CFR Ch. VI (10–1–23 Edition)

1000

Fishery Conservation and Management

1001

Pt. 679, Table 24

Pt. 679, Table 24

50 CFR Ch. VI (10–1–23 Edition)

1002

Fishery Conservation and Management

1003

Pt. 679, Table 24

Pt. 679, Table 24

50 CFR Ch. VI (10–1–23 Edition)

1004

Fishery Conservation and Management

Pt. 679, Table 25

[73 FR9037, Feb. 19, 2008]

TABLE 25 TO PART 679—BOWERS RIDGE HABITAT CONSERVATION ZONE
Area number

Name

1 ...................................

Bowers Ridge .........................................................................

55
54
54
52
52
54

10.50 N
54.50 N
5.83 N
40.50 N
44.50 N
15.50 N

Latitude
178
177
179
179
179
179

27.25
55.75
20.75
55.00
26.50
54.00

Longitude
E
E
E
W
W
W

2 ...................................

Ulm Plateau ............................................................................

55
55
54
54

5.00 N
5.00 N
34.00 N
34.00 N

177
175
175
177

15.00
60.00
60.00
15.00

E
E
E
E

Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for
each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North American Datum 1983, Albers.

1005

Pt. 679, Table 26

50 CFR Ch. VI (10–1–23 Edition)

[71 FR 36703, June 28, 2006]

TABLE 26 TO PART 679—GULF OF ALASKA CORAL HABITAT PROTECTION AREAS
Area number

Name

1 ...................................

Cape Ommaney 1 ..................................................................

56
56
56
56

10.85 N
11.18 N
9.53 N
9.52 N

Latitude
135
135
135
135

5.83
7.17
7.68
7.20

2 ...................................

Fairweather FS2 .....................................................................

58
58
58
58

15.00
15.00
13.92
13.92

138
138
138
138

52.58
54.08
54.08
52.58

3 ...................................

Fairweather FS1 .....................................................................

58 16.00 N
58 16.00 N
58 13.17 N

138 59.25 W
139 9.75 W
138 59.25 W

4 ...................................

Fairweather FN2 .....................................................................

58
58
58
58

24.10
24.10
22.55
22.55

N
N
N
N

139
139
139
139

14.58
18.50
18.50
14.58

W
W
W
W

5 ...................................

Fairweather FN1 .....................................................................

58
58
58
58

27.42
27.42
26.32
26.32

N
N
N
N

139
139
139
139

17.75
19.08
19.08
17.75

W
W
W
W

N
N
N
N

Longitude
W
W
W
W
W
W
W
W

Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for
each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North American Datum 1983, Albers.

[71 FR 36703, June 28, 2006]

TABLE 27 TO PART 679—GULF OF ALASKA SLOPE HABITAT CONSERVATION AREAS
Area number

Name

1 ...................................

Yakutat ...................................................................................

58
58
58
58

47.00
47.00
37.00
36.97

Latitude
N
N
N
N

139
140
140
139

55.00
32.00
32.00
54.99

W
W
W
W

2 ...................................

Cape Suckling ........................................................................

59
59
59
59

50.00
50.00
40.00
40.00

N
N
N
N

143
143
143
143

20.00
30.00
30.00
20.00

W
W
W
W

3 ...................................

Kayak I. ...................................................................................

59
59
59
59
59

35.00
40.00
30.00
25.00
25.00

N
N
N
N
N

144
144
144
144
144

0.00 W
25.00 W
50.00 W
50.00 W
2.00 W

4 ...................................

Middleton I. east .....................................................................

59
59
59
59

32.31
32.13
20.00
18.85

N
N
N
N

145
145
145
145

29.09
51.14
51.00
29.39

5 ...................................

Middleton I. west ....................................................................

59
59
59
59

14.64 N
15.00 N
10.00 N
8.74 N

146
147
147
146

29.63 W
0.00 W
0.00 W
30.16 W

6 ...................................

Cable ......................................................................................

58
59
59
58

40.00 N
6.28 N
0.00 N
34.91 N

148
149
149
147

0.00 W
0.28 W
0.00 W
59.85 W

7 ...................................

Albatross Bank .......................................................................

56
56
56
56

16.00
16.00
11.00
10.00

152
153
153
152

40.00
20.00
20.00
40.00

8 ...................................

Shumagin I. ............................................................................

54 51.49 N

1006

N
N
N
N

Longitude

W
W
W
W

W
W
W
W

157 42.52 W

Fishery Conservation and Management
Area number

Pt. 679, Table 28b

Name

Latitude

Longitude

54 40.00 N
54 35.00 N
54 36.00 N

158 10.00 W
158 10.00 W
157 42.00 W

9 ...................................

Sanak I. ..................................................................................

54
54
53
54

12.86 N
0.00 N
53.00 N
5.00 N

162
163
163
162

13.54
15.00
15.00
12.00

W
W
W
W

10 .................................

Unalaska I. ..............................................................................

53
53
52
53

26.05 N
6.92 N
55.71 N
13.05 N

165
167
167
165

55.55
19.40
18.20
55.55

W
W
W
W

Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for
each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North American Datum 1983, Albers.

[71 FR 36703, June 28, 2006]

TABLE 28a TO PART 679—QUALIFYING SEASON DATES FOR CENTRAL GOA ROCKFISH
PRIMARY SPECIES
A Legal Rockfish Landing
includes

Year
2000

2001

2004

2005

2006

Northern rockfish that
were harvested in the
Central GOA between. . .
and landed by .................

July 4–July
26.

June 30–
July 21.

June 29–
July 29.

July 4–July
25.

July 5–July
24.

July 1–July
21.

July 28 .......

Aug. 5 ........

Aug. 1 ........

July 31 .......

July 28.

Pelagic shelf rockfish that
were harvested in the
Central GOA between. . .

July 4–July
26.

July 1–July
23.
and Oct. 1–
Oct. 21.
July 30 and
Oct. 28,
respectively.
July 1–July
23 and
Oct. 1–
Oct. 21.

June 30–
July 21.

June 29–
July 31.

July 4–July
25.

and landed by .................

Aug. 2 ........

July 30 and
Oct. 28,
respectively.

July 28 .......

Aug. 7 ........

Aug. 1 ........

Pacific ocean perch that
were harvested in the
Central GOA between. . .
and landed by .................

July 4–July
15.

July 1–July
12.

June 30–
July 8.

June 29–
July 8.

July 4–July
12.

July 5–July
July 1–July
24, Sept.
21 and
1–Sept 4,
Oct. 2–
and Sept.
Oct. 8.
8–Sept.
10.
July 31,
July 28 and
Sept. 11,
Oct. 15,
and Sept.
respec17, retively.
spectively.
July 5–July
July 1–July
14.
6.

July 22 .......

July 19 .......

July 15 .......

July 15 .......

July 19 .......

July 21 .......

Aug. 2 ........

2002

2003

July 13.

[76 FR 81290, Dec. 27, 2011]

TABLE 28b TO PART 679—QUALIFYING SEASON DATES FOR CENTRAL GOA ROCKFISH
PRIMARY SPECIES
A Rockfish Legal Landing includes . . .
Northern rockfish that were harvested by vessels authorized to fish in the rockfish entry level trawl fishery between. . .
and landed by ................................................................
Pelagic shelf rockfish that were harvested by vessels
authorized to fish in the rockfish entry level trawl
fishery between. . .
and landed by ................................................................
Pacific ocean perch that were harvested by vessels
authorized to fish in the rockfish entry level trawl
fishery between. . .
and landed by ................................................................

2007

2008

Sept. 1–Nov. 8 ..........

Sept. 1–Nov. 15 ........

Sept. 1–Nov. 15.

Nov. 15 ......................
Sept. 1–Nov. 15 ........

Nov. 22 ......................
Sept. 1–Nov. 15 ........

Nov. 22.
Sept. 1–Nov. 15.

Nov. 22 ......................
May 1–May 17; July
1–Aug. 1.

Nov. 22 ......................
July 1–July 27 ...........

Nov. 22.
July 1–Nov. 15.

Aug. 8 ........................

Aug. 3 ........................

Nov. 22.

1007

2009

Pt. 679, Table 28c

50 CFR Ch. VI (10–1–23 Edition)

[76 FR 81290, Dec. 27, 2011]

TABLE 28c TO PART 679—ALLOCATION OF ROCKFISH SECONDARY SPECIES
The following percentage of the Central GOA TAC is allocated to rockfish
cooperatives as CQ . . .
For the following rockfish secondary species . . .

Pacific cod .............................................................
Sablefish ................................................................
Rougheye rockfish .................................................
Shortraker rockfish ................................................
Thornyhead rockfish ..............................................

For the catcher vessel sector . . .

For the catcher/processor sector
. . .

3.81% ................................................
6.78% ................................................
N/A .....................................................
N/A .....................................................
7.84% ................................................

N/A
3.51%
58.87%
40.00%
26.50%

[76 FR 81290, Dec. 27, 2011]

TABLE 28d TO PART 679—ALLOCATION OF HALIBUT PSC UNDER THE CENTRAL GOA
ROCKFISH PROGRAM
For the following rockfish sectors . . .

The following
amount of halibut
. . .

Is multiplied by
. . .

Catcher vessel sector

134.1 mt .............

0.875

Catcher/processor sector.

84.7 mt ...............

........................

To yield the following amount of
halibut PSC assigned as rockfish CQ . . .

The following amount of halibut is not assigned as rockfish CQ, halibut PSC, or halibut IFQ for use by any person . . .

117.3 mt .............

27.4 mt (16.8 mt from the catcher vessel
sector and 10.6 mt from the catcher/processor sector).

74.1 mt.

[76 FR 81290, Dec. 27, 2011]

TABLE 28e TO PART 679—ROCKFISH ENTRY LEVEL LONGLINE FISHERY ALLOCATIONS

The allocation to the rockfish
entry level longline fishery for the
following rockfish primary species
. . .

Northern rockfish .........................
Pacific ocean perch .....................
Pelagic shelf rockfish ...................

For 2012 will be . . .

If the catch of a rockfish primary
species during a calendar year
exceeds 90 percent of the allocation for that rockfish primary
species then the allocation of
that rockfish primary species in
the following calendar year will
increase by . . .

Except that the maximum
amount of the TAC assigned to
the Rockfish Program (after deducting the incidental catch allowance) that may be allocated
to the rockfish entry level nontrawl fishery for each rockfish
primary species is . . .

5 mt ...........................
5 mt ...........................
30 mt .........................

5 mt ............................................
5 mt ............................................
20 mt ..........................................

2 percent.
1 percent.
5 percent.

[76 FR 81290, Dec. 27, 2011]

TABLE 29 TO PART 679—INITIAL ROCKFISH QS POOLS
Initial Rockfish QS Pool
Initial Rockfish QS Pool .............
Initial Rockfish QS Pool for the
Catcher/Processor Sector.
Initial Rockfish QS Pool for the
Catcher Vessel Sector.

Northern Rockfish

Pelagic Shelf Rockfish

Pacific Ocean Perch

Aggregate Primary Species Initial Rockfish QS
Pool

Based on the Rockfish Program official record on February 14, 2012.

[76 FR 81292, Dec. 27, 2011]

1008

Fishery Conservation and Management

Pt. 679, Table 31

TABLE 30 TO PART 679—ROCKFISH PROGRAM RETAINABLE PERCENTAGES
[In round wt. equivalent]
MRA as a
percentage of
total retained
rockfish primary
species and
rockfish secondary species

Fishery

Incidental catch species 1

Sector

Rockfish Cooperative
Vessels fishing under a
CQ permit.

Pacific cod .......................
Shortraker/Rougheye aggregate catch.

Catcher/Processor .....................................................
Catcher Vessel ..........................................................

4.0
2.0

See rockfish non-allocated species for ‘‘other species’’
Rockfish non-allocated
Species for Rockfish
Cooperative vessels
fishing under a Rockfish CQ permit.

Pollock .............................
Deep-water flatfish ..........
Rex sole ..........................
Flathead sole ...................

Catcher/Processor
Catcher/Processor
Catcher/Processor
Catcher/Processor

and
and
and
and

Catcher
Catcher
Catcher
Catcher

Vessel
Vessel
Vessel
Vessel

....................
....................
....................
....................

20.0
20.0
20.0
20.0

Shallow-water flatfish ......
Arrowtooth flounder .........
Other rockfish ..................
Atka mackerel ..................
Aggregated forage fish ....
Skates ..............................
Other species ..................
Grenadiers .......................

Catcher/Processor
Catcher/Processor
Catcher/Processor
Catcher/Processor
Catcher/Processor
Catcher/Processor
Catcher/Processor
Catcher/Processor

and
and
and
and
and
and
and
and

Catcher
Catcher
Catcher
Catcher
Catcher
Catcher
Catcher
Catcher

Vessel
Vessel
Vessel
Vessel
Vessel
Vessel
Vessel
Vessel

....................
....................
....................
....................
....................
....................
....................
....................

20.0
35.0
15.0
20.0
2.0
5.0
20.0
8.0

Longline gear Rockfish
Entry Level Fishery.

Use Table 10 to this part.

Opt-out vessels ...............

Use Table 10 to this part.

Rockfish Cooperative
Vessels not fishing
under a CQ permit.

Use Table 10 to this part.

1 See

Notes to Table 10 to Part 679 for descriptions of species groups.

[80 FR 80708, Dec. 28, 2015]

TABLE 31 TO PART 679— LIST OF AMENDMENT 80 VESSELS AND LLP LICENSES
ORIGINALLY ASSIGNED TO AN AMENDMENT 80 VESSEL
Column B:
USCG
Documentation
No.

Column A:
Name of amendment 80 vessel

ALASKA JURIS .................................................................................................................
ALASKA RANGER ............................................................................................................
ALASKA SPIRIT ................................................................................................................
ALASKA VOYAGER ..........................................................................................................
ALASKA VICTORY ...........................................................................................................
ALASKA WARRIOR ..........................................................................................................
ALLIANCE .........................................................................................................................
AMERICAN NO I ...............................................................................................................
ARCTIC ROSE ..................................................................................................................
ARICA ................................................................................................................................
BERING ENTERPRISE .....................................................................................................
CAPE HORN .....................................................................................................................
CONSTELLATION .............................................................................................................
DEFENDER .......................................................................................................................
ENTERPRISE ....................................................................................................................
GOLDEN FLEECE ............................................................................................................
HARVESTER ENTERPRISE ............................................................................................
LEGACY ............................................................................................................................
OCEAN ALASKA ...............................................................................................................
OCEAN PEACE ................................................................................................................
PROSPERITY ...................................................................................................................
REBECCA IRENE .............................................................................................................
SEAFISHER ......................................................................................................................

1009

569276
550138
554913
536484
569752
590350
622750
610654
931446
550139
610869
653806
640364
665983
657383
609951
584902
664882
623210
677399
615485
697637
575587

Column C:
LLP license
number originally
assigned to the
Amendment 80
vessel
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
1 LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG

2082
2118
3043
2084
2080
2083
2905
2028
3895
2429
3744
2432
1147
3217
4831
2524
3741
3714
4360
2138
1802
3958
2014

Pt. 679, Table 32

50 CFR Ch. VI (10–1–23 Edition)
Column C:
LLP license
number originally
assigned to the
Amendment 80
vessel

Column B:
USCG
Documentation
No.

Column A:
Name of amendment 80 vessel

SEAFREEZE ALASKA ......................................................................................................
TREMONT .........................................................................................................................
U.S. INTREPID ..................................................................................................................
UNIMAK .............................................................................................................................
VAERDAL ..........................................................................................................................

517242
529154
604439
637693
611225

LLG
LLG
LLG
LLG
LLG

4692
2785
3662
3957
1402

1 LLG 4831 is the LLP license originally assigned to the F/V ENTERPRISE, USCG Documentation Number 657383 for all relevant purposes of this part.

[72 FR 52739, Sept. 14, 2007]

TABLE 32 TO PART 679— AMENDMENT 80 INITIAL QS POOL
Amendment 80 species

Management area

Amendment 80 initial QS pool in units

Atka mackerel ...................................................

BS/541 .....................................
542 ..........................................
543 ..........................................

S Highest Five Years in metric tons in the
Amendment 80 official record as of December 31, 2007, for that Amendment 80 species in that management area.

AI Pacific ocean perch ......................................

541 ..........................................
542 ..........................................
543.

Flathead sole ....................................................
Pacific cod .........................................................
Rock sole ..........................................................
Yellowfin sole ....................................................

BSAI.
BSAI.
BSAI.
BSAI.

[72 FR 52739, Sept. 14, 2007]

TABLE 33 TO PART 679— ANNUAL APPORTION OF AMENDMENT 80 SPECIES ITAC BETWEEN THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS (EXCEPT
YELLOWFIN SOLE)
Fishery

Atka Mackerel ....................................

Aleutian Islands Pacific ocean perch

Management
area

Year

Percentage of
ITAC allocated
to the Amendment 80 sector

Percentage of ITAC
allocated to the BSAI
trawl limited access
sector

543 ..................

All years ............................

100

0

542 ..................

2008
2009
2010
2011
2012

..................................
..................................
..................................
..................................
and all future years

98
96
94
93
90

2
4
6
8
10

541/EBS ..........

2008
2009
2010
2011
2012

..................................
..................................
..................................
..................................
and all future years

98
96
94
92
90

2
4
6
8
10

543 ..................

All years ............................

98

2

542 ..................

2008 ..................................
2009 and all future years

95
90

5
10

541 ..................

2008 ..................................
2009 and all future years

95
90

5
10

Pacific cod ..........................................

BSAI ................

All years ............................

13.4

N/A

Rock sole ...........................................

BSAI ................

All years ............................

100

0

Flathead sole ......................................

BSAI ................

All years ............................

100

0

1010

Fishery Conservation and Management

Pt. 679, Table 35

[72 FR 52739, Sept. 14, 2007; 72 FR 61214, Oct. 29, 2007]

TABLE 34 TO PART 679— ANNUAL APPORTIONMENT OF BSAI YELLOWFIN SOLE
BETWEEN THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS
then the yellowfin sole
ITAC rate
for the
Amendment
80 sector is
. . .

Column A

Column B

Column D

Column E

Row 1 ........

0 mt ..................

87,499 mt .........

0.93

ITAC × Row 1, Column C ..........

ITAC—Row 1, Column E.

Row 2 ........

87,500 mt .........

94,999 mt .........

0.875

(Amount of ITAC greater than
87,499 mt and less than
95,000 mt × Row 2, Column
C) + Row 1, Column D.

ITAC—Row 2, Column D.

Row 3 ........

95,000 mt .........

102,499 mt .......

0.82

(Amount of ITAC greater than
94,999 mt and less than
102,500 mt × Row 3, Column
C) + Column D, Row 2.

ITAC—Row 3, Column D.

Row 4 ........

102,500 mt .......

109,999 mt .......

0.765

(Amount of ITAC greater than
102,499 mt and less than
110,000 mt × Row 4, Column
C) + Column D, Row 3.

ITAC—Row 4, Column D.

Row 5 ........

110,000 mt .......

117,499 mt .......

0.71

(Amount of ITAC greater than
109,999 mt and less than
117,500 mt × Row 5, Column
C) + Column D, Row 4.

ITAC—Row 5, Column D.

Row 6 ........

117,500 mt .......

124,999 mt .......

0.655

(Amount of ITAC greater than
117,499 mt and less than
125,000 mt × Row 6, Column
C) + Column D, Row 5).

ITAC—Row 6, Column D.

0.6

(Amount of ITAC greater than
124,999 mt × Row 7, Column
C) + Column D, Row 6.

ITAC—Row 7, Column D.

Row 7 ........

and . . .

125,000 mt and greater

and the amount of yellowfin sole
ITAC allocated to Amendment
80 Sector is . . .

and the amount of yellowfin sole ITAC allocated
to the BSAI trawl limited
access sector is . . .

Row No.

If the yellowfin
sole ITAC is between . . .

Column C

[72 FR 52739, Sept. 14, 2007]

TABLE 35 TO PART 679—APPORTIONMENT OF CRAB PSC AND HALIBUT PSC BETWEEN
THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS
Fishery

Halibut PSC
limit in the
BSAI
(mt)

Zone 1 Red king
crab PSC limit . . .

C. opilio crab PSC
limit (COBLZ) . . .

Zone 1 C. bairdi
crab PSC limit . . .

Zone 2 C. bairdi
crab PSC limit . . .

as a percentage of the total BSAI trawl PSC limit after allocation as PSQ.
Amendment 80 sector.
BSAI trawl limited
access.

1,745

49.98 ......................

49.15 ......................

42.11 ......................

23.67

745

30.58 ......................

32.14 ......................

46.99 ......................

46.81

[81 FR 24733, Apr. 27, 2016]

1011

Pt. 679, Table 36

50 CFR Ch. VI (10–1–23 Edition)

TABLE 36 TO PART 679— PERCENTAGE OF CRAB AND HALIBUT PSC LIMIT ASSIGNED
TO EACH AMENDMENT 80 SPECIES
For the following PSC
species . . .

The percentage of the Amendment 80 sector PSC limit assigned to each Amendment 80
species is . . .
Atka mackerel

Halibut .....................................
Zone 1 Red king crab .............
C. opilio crab (COBLZ) ...........
Zone 1 C. bairdi crab ..............
Zone 2 C. bairdi crab ..............

AI Pacific
ocean perch

3.96
0.14%
0%
0%
0.01%

Pacific cod

1.87
0.56%
0.06%
0%
0.03%

24.79
6.88%
6.28%
17.01%
7.92%

Flathead sole
13.47
0.48%
17.91%
3.13%
37.31%

Rock sole
24.19
61.79%
9.84%
56.15%
7.03%

Yellowfin sole
31.72
30.16%
65.91%
23.71%
47.70%

[72 FR 52739, Sept. 14, 2007]

TABLE 37 TO PART 679— GOA AMENDMENT 80 SIDEBOARD LIMIT FOR GROUNDFISH FOR
THE AMENDMENT 80 SECTOR
In the following management areas in the
GOA and in adjacent waters open by the
State of Alaska for which it adopts a Federal fishing season . . .

The sideboard limit for . . .

Is . . .

Area 610 .....................................................

Pollock ..................................

0.3% of the TAC.

Area 620 .....................................................

Pollock ..................................

0.2% of the TAC.

Area 630 .....................................................

Pollock ..................................

0.2% of the TAC.

Area 640 .....................................................

Pollock ..................................

0.2% of the TAC.

West Yakutat District ..................................

Central GOA ...............................................

Western GOA ..............................................

Pacific cod ............................

3.4% of the TAC.

Pacific ocean perch ..............

96.1% of the TAC.

Pelagic shelf rockfish ...........

89.6% of the TAC.

Pacific cod ............................

4.4% of the TAC.

Pacific ocean perch ..............

Subject to regulations in subpart G to this part.

Pelagic shelf rockfish ...........

Subject to regulations in subpart G to this part.

Northern rockfish ..................

Subject to regulations in subpart G to this part.

Pacific cod ............................

2.0% of the TAC.

Pacific ocean perch ..............

99.4% of the TAC.

Pelagic shelf rockfish ...........

76.4% of the TAC.

Northern rockfish ..................

100% of the TAC.

[72 FR 52739, Sept. 14, 2007]

TABLE 38 TO PART 679— GOA AMENDMENT 80 SIDEBOARD LIMIT FOR HALIBUT PSC
FOR THE AMENDMENT 80 SECTOR

In the . . .

The maximum percentage of the total GOA halibut PSC limit that may be used by
all Amendment 80 qualified vessels subject to the halibut PSC sideboard limit as
those seasons1 are established in the annual harvest specifications is . . .
Season 1

Shallow-water species fishery as defined
in § 679.21(d)(3)(iii)(A) in the GOA or
adjacent waters open by the State of
Alaska for which it adopts a Federal
fishing season. .......................................

Season 2

0.48

1.89

1012

Season 3

1.46

Season 4

0.74

Season 5

2.27

Fishery Conservation and Management

Pt. 679, Table 40

The maximum percentage of the total GOA halibut PSC limit that may be used by
all Amendment 80 qualified vessels subject to the halibut PSC sideboard limit as
those seasons1 are established in the annual harvest specifications is . . .

In the . . .

Season 1
Deep-water species fishery as defined in
§ 679.21(d)(3)(iii)(B) in the GOA or adjacent waters open by the State of
Alaska for which it adopts a Federal
fishing season. .......................................

Season 2

1.15

10.72

Season 3

Season 4

5.21

Season 5

0.14

3.71

1 Any

residual amount of a seasonal sideboard halibut PSC limit may carry forward to the next season limit (see
§ 679.92(b)(2)).

[79 FR 9641, Feb. 20, 2014]

TABLE 39 TO PART 679— AMENDMENT 80 VESSELS THAT MAY BE USED TO DIRECTED
FISH FOR FLATFISH IN THE GOA
Column B:
USCG
Documentation No.

Column A:
Name of Amendment 80 vessel
ALLIANCE .............................................................................................................................................
AMERICAN NO I ...................................................................................................................................
DEFENDER ...........................................................................................................................................
GOLDEN FLEECE ................................................................................................................................
LEGACY ................................................................................................................................................
OCEAN ALASKA ...................................................................................................................................
OCEAN PEACE ....................................................................................................................................
SEAFREEZE ALASKA ..........................................................................................................................
U.S. INTREPID ......................................................................................................................................
UNIMAK .................................................................................................................................................
VAERDAL ..............................................................................................................................................

622750
610654
665983
609951
664882
623210
677399
517242
604439
637693
611225

[72 FR 52739, Sept. 14, 2007]

TABLE 40 TO PART 679—BSAI HALIBUT PSC SIDEBOARD LIMITS FOR AFA CATCHER/
PROCESSORS AND AFA CATCHER VESSELS
TABLE 40 TO PART 679—BSAI HALIBUT PSC
SIDEBOARD LIMITS FOR AFA CATCHER/PROCESSORS AND AFA CATCHER VESSELS

In the following target species categories as
defined at § 679.21(b)(1)(iii) and
(e)(3)(iv) . . .

All target species categories ..........
Pacific cod trawl .............................
Pacific cod hook-and-line or pot ....
Yellowfin sole .................................
Rock sole/flathead sole/‘‘other flatfish’’ 1.
Turbot/Arrowtooth/Sablefish ...........
Rockfish 2 .......................................

The AFA
catcher/
processor
halibut
PSC
sideboard
limit in
metric tons
is . . .

The AFA
catcher
vessel halibut PSC
sideboard
limit in
metric tons
is . . .

286
N/A
N/A
N/A
N/A

N/A
N/A
2
101
228

..........
..........
..........
..........
..........

N/A ..........
N/A ..........

0
2

TABLE 40 TO PART 679—BSAI HALIBUT PSC
SIDEBOARD LIMITS FOR AFA CATCHER/PROCESSORS AND AFA CATCHER VESSELS—Continued

In the following target species categories as
defined at § 679.21(b)(1)(iii) and
(e)(3)(iv) . . .

Pollock/Atka mackerel/‘‘other species’’.

The AFA
catcher/
processor
halibut
PSC
sideboard
limit in
metric tons
is . . .

The AFA
catcher
vessel halibut PSC
sideboard
limit in
metric tons
is . . .

N/A ..........

5

1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Greenland
turbot, rock sole, flathead sole, yellowfin sole, and arrowtooth
flounder.
2 Applicable from July 1 through December 31.

[81 FR 24734, Apr. 27, 2016, as amended at 88 FR 53744, Aug. 8, 2023; 88 FR 57010, Aug. 22, 2023]

1013

Pt. 679, Table 41

50 CFR Ch. VI (10–1–23 Edition)

TABLE 41 TO PART 679—BSAI CRAB PSC SIDEBOARD LIMITS FOR AFA CATCHER/
PROCESSORS AND AFA CATCHER VESSELS
The AFA catcher/processor
crab PSC sideboard limit is
equal to the following
ratio . . .

For the following crab species in
the following areas . . .

The AFA catcher vessel crab
PSC sideboard limit is equal to
the following ratio . . .

Red king crab Zone 1 .................

0.007

0.299

C. opilio crab (COBLZ) ................

0.153

0.168

Zone 1C. bairdi crab ...................

0.14

0.33

Zone 2C. bairdi crab ...................

0.05

0.186

Multiplied by . . .

The PSC amount in number of animals available
to trawl vessels in the
BSAI after allocation of
PSQ established in the
annual harvest specifications for that calendar year.

[72 FR 52739, Sept. 14, 2007]

TABLE 42 TO PART 679—BERING SEA
HABITAT CONSERVATION AREA
Longitude

Latitude

179

19.95W

59

25.15N

177

51.76W

58

28.85N

175

36.52W

58

11.78N

174

32.36W

58

8.37N

174

26.33W

57

31.31N

174

0.82W

56

52.83N

173

0.71W

56

24.05N

170

40.32W

56

1.97N

168

56.63W

55

19.30N

168

0.08W

54

5.95N

170

0.00W

53

18.24N

170

0.00W

55

0.00N

178

46.69E

55

0.00N

178

27.25E

55

10.50N

178

6.48E

55

0.00N

177

15.00E

55

0.00N

177

15.00E

55

5.00N

176

0.00E

55

5.00N

176

0.00E

55

0.00N

172

6.35E

55

0.00N

Longitude
173

Latitude

59.70E

56

16.96N

Note: The area is delineated by connecting the coordinates
in the order listed by straight lines. The last set of coordinates
for each area is connected to the first set of coordinates for
the area by a straight line. The projected coordinate system is
North American Datum 1983, Albers.

[73 FR 43370, July 25, 2008]

TABLE 43 TO PART 679—NORTHERN
BERING SEA RESEARCH AREA
Longitude
168
165
167
169
169
171
171
174
176
172
172
168
168
172
168
168

..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............

7.41
1.54
59.98
00.00
00.00
45.00
45.00
1.24
13.51
24.00
24.00
24.00
24.00
17.42
58.62
58.62

Latitude
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W

65
60
60
60
61
61
60
60
62
63
62
62
64
64
65
65

................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................

*37.91
45.54
45.55
35.50
00.00
00.00
54.00
54.00
6.56
57.03
42.00
42.00
0.00
0.01
30.00
**49.81

N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N

Note: The area is delineated by connecting the coordinates in the order listed by straight lines except as noted by
* below. The last set of coordinates for the area is connected to the first set of coordinates for the area by a
straight line. The projected coordinate system is North American Datum 1983, Albers.
* This boundary extends in a clockwise direction from this
set of geographic coordinates along the shoreline at mean
lower-low tide line to the next set of coordinates.
** Intersection of the 1990 United States/Russia maritime
boundary line and a line from Cape Prince of Wales to Cape
Dezhneva (Russia) that defines the boundary between the
Chukchi and Bering Seas, Area 400 and Area 514,
respectively.

1014

Fishery Conservation and Management

Pt. 679, Table 49

[75 FR 61652, Oct. 6, 2010]

Longitude

TABLE 44 TO PART 679—NUNIVAK ISLAND,
ETOLIN STRAIT, AND KUSKOKWIM
BAY HABITAT CONSERVATION AREA
Longitude
165

1.54W

Latitude
60

45.54N*

Latitude

168

24.00W

62

42.00N

172

24.00W

62

42.00N

172

24.00W

63

57.03N

172

17.42W

64

0.01N

Note: The area is delineated by connecting the coordinates
in the order listed by straight lines. The last set of coordinates
for each area is connected to the first set of coordinates for
the area by a straight line. The projected coordinate system is
North American Datum 1983, Albers.

162

7.01W

58

38.27N

162

10.51W

58

38.35N

162

34.31W

58

38.36N

162

34.32W

58

39.16N

162

34.23W

58

40.48N

162

34.09W

58

41.79N

162

33.91W

58

43.08N

162

33.63W

58

44.41N

162

33.32W

58

45.62N

162

32.93W

58

46.80N

162

32.44W

58

48.11N

162

31.95W

58

49.22N

162

31.33W

58

50.43N

162

30.83W

58

51.42N

162

30.57W

58

51.97N

163

17.72W

59

20.16N

TABLES 47–48 TO PART 679 [RESERVED]

164

11.01W

59

34.15N

164

42.00W

59

41.80N

165

0.00W

59

42.60N

TABLE 49 TO PART 679—GROUNDFISH LICENSES QUALIFYING FOR HOOK-ANDLINE CATCHER/PROCESSOR ENDORSEMENT EXEMPTION

165

1.45W

59

37.39N

167

40.20W

59

24.47N

168

0.00W

59

49.13N

167

59.98W

60

45.55N

[73 FR 43370, July 25, 2008]

TABLE 46 TO PART 679—ST. MATTHEW ISLAND HABITAT CONSERVATION AREA
Longitude
171
171
174
174
174

Groundfish
license * * *

TABLE 45 TO PART 679—ST. LAWRENCE
HABITAT
CONSERVATION
ISLAND
AREA

168

24.00W

64

W
W
W
W
W

60
60
59
60
60

................
................
................
................
................

54.00
6.15
42.26
9.98
54.00

N
N
N
N
N

[75 FR 61652, Oct. 6, 2010]

[73 FR 43370, July 25, 2008]

Latitude

45.00
45.00
0.50
24.98
1.24

Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for the area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers.

Note: The area is delineated by connecting the coordinates
in the order listed by straight lines, except as noted by *
below. The last set of coordinates for each area is connected
to the first set of coordinates for the area by a straight line.
The projected coordinate system is North American Datum
1983, Albers.
* This boundary extends in a clockwise direction from this
set of geographic coordinates along the shoreline at mean
lower-low tide line to the next set of coordinates.

Longitude

..............
..............
..............
..............
..............

Latitude

LLG
LLG
LLG
LLG
LLG

1400
1713
1785
1916
2112

................
................
................
................
................

LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG
LLG

2783
2892
2958
3616
3617
3676
4823
2081
3090

................
................
................
................
................
................
................
................
................

Shall receive a Pacific cod endorsement with a catcher/processor and a
hook-and-line designation in the following regulatory area(s) * * *
Central Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska and Western
Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska.
Central Gulf of Alaska.
Western Gulf of Alaska.
Western Gulf of Alaska.

[76 FR 15840, Mar. 22, 2011]

0.00N

1015

Pt. 679, Table 51

50 CFR Ch. VI (10–1–23 Edition)

TABLE 50 TO PART 679 [RESERVED]
TABLE 51 TO PART 679—MODIFIED GEAR
TRAWL ZONE
Longitude
171
169
169
171

..............
..............
..............
..............

45.00
00.00
00.00
45.00

Latitude
W
W
W
W

61
61
60
60

................
................
................
................

00.00
00.00
35.48
06.15

N
N
N
N

Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for the area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers.

TABLE 54 TO PART 679—BSAI SPECIES
AND SPECIES GROUPS FOR WHICH DIRECTED FISHING FOR SIDEBOARD
LIMITS BY LISTED AFA CATCHER/
PROCESSORS AND CATCHER/PROCESSORS DESIGNATED ON LISTED AFA
CATCHER/PROCESSOR
PERMITS
IS
PROHIBITED
Species or species group

Management area or subarea

Sablefish, trawl gear ..............

Bering Sea (BS) subarea of
the BSAI.
Aleutian Islands (AI).
BS/Eastern Aleutian District.
Western Aleutian District.
BSAI.
Bering Sea subarea of the
BSAI.
AI.
BSAI.
BSAI.
BSAI.
BSAI.
BSAI.
Bering Sea subarea of the
BSAI.
Eastern Aleutian District.
Central Aleutian District.
Western Aleutian District.
BSAI.
BSAI.
Bering Sea subarea of the
BSAI/Eastern Aleutian District.
Central Aleutian District/
Western Aleutian District.
BS.
AI.
BSAI.
BSAI.
BSAI.
BSAI.

Atka mackerel ........................
Rock sole ...............................
Greenland turbot ....................

[75 FR 61652, Oct. 6, 2010]

TABLE 52 TO PART 679—GROUNDFISH
LLP LICENSES ELIGIBLE FOR A BSAI
TRAWL LIMITED ACCESS SECTOR
YELLOWFIN SOLE DIRECTED FISHERY
ENDORSEMENT

Arrowtooth flounder ...............
Kamchatka flounder ...............
Flathead sole .........................
Alaska plaice .........................
Other flatfish ..........................
Pacific ocean perch ...............

[X indicates that Column A applies]
Column A

Column B

The Holder of Groundfish License Number . . .

LLG
LLG
LLG
LLG
LLG
LLG

3944
2913
1667
3714
1820
3741

......................
......................
......................
......................
......................
......................

Is eligible under 50 CFR
679.4(k)(14)(ii) to be assigned an Endorsement
for the BSAI Trawl Limited Access Sector Yellowfin Sole Fishery.
X.
X.
X.
X.
X.
X.

Northern rockfish ...................
Shortraker rockfish ................
Blackspotted and Rougheye
rockfish.

Other rockfish ........................
Skates ....................................
Sculpins .................................
Sharks ....................................
Octopuses ..............................

[83 FR 50002, Oct. 4, 2018]

[84 FR 2729, Feb. 8, 2019]

TABLE 53 TO PART 679—GROUNDFISH
LLP
LICENSES
THAT
REQUIRE
QUALIFIED LANDINGS ASSIGNMENT
TO BE ELIGIBLE FOR A BSAI TRAWL
LIMITED ACCESS SECTOR YELLOWFIN
SOLE DIRECTED FISHERY ENDORSE-

TABLE 55 TO PART 679—BSAI SPECIES
AND SPECIES GROUPS FOR WHICH DIRECTED FISHING FOR SIDEBOARD
LIMITS BY NON-EXEMPT AFA CATCHER VESSELS IS PROHIBITED

MENT
[X indicates that Column A applies]
Column A

Column B

A single vessel was designated on the following
pairs of groundfish LLP licenses during the qualifying period identified in 50
CFR 679.4(k)(14)(ii)(A)(1)
. . .

The owner of the vessel designated on the pair of LLP
licenses in Column A must
notify NMFS which LLP license from each pair in
Column A is to be credited
with qualifying landing(s)
under 50 CFR
679.4(k)(14)(vi)(B)(2).
X.
X.

LLG 3838 and LLG 2702
LLG 3902 and LLG 3826

[83 FR 50002, Oct. 4, 2018]

Species or species
group

Management area
or subarea

Gear type

Pacific cod ............

BSAI .....................
..............................

Jig.
Hook-and-line
catcher vessel ≥
60 ft.
Hook-and-line
catcher vessel ≤
60 ft.
Pot.
All.

..............................

Sablefish, trawl
gear.
Atka mackerel .......
Rock sole ..............
Greenland turbot ..
Arrowtooth flounder.

1016

..............................
Bering Sea subarea of the BSAI.
AI ..........................
BSAI .....................
BSAI .....................
BS ........................
AI ..........................
BSAI .....................

All.
All.
All.
All.
All.
All.

Fishery Conservation and Management
Species or species
group

Management area
or subarea

Kamchatka flounder.
Alaska plaice ........
Other flatfish .........
Flathead sole ........
Pacific ocean
perch.

BSAI .....................

All.

BSAI .....................
BSAI .....................
BSAI .....................
BS ........................

All.
All.
All.
All.

Eastern Aleutian
District.
Central Aleutian
District.
Western Aleutian
District.
BSAI .....................
BSAI .....................
Bering Sea subarea of the
BSAI/Eastern
Aleutian District.
Central Aleutian
District/Western
Aleutian District.
Bering Sea subarea of the BSAI.
AI ..........................
BSAI .....................
BSAI .....................
BSAI .....................
BSAI .....................

All.

Northern rockfish ..
Shortraker rockfish
Blackspotted and
Rougheye rockfish.

Other rockfish .......

Skates ...................
Sculpins ................
Sharks ..................
Octopuses ............

TABLE 56 TO PART 679—GOA SPECIES AND
SPECIES GROUPS FOR WHICH DIRECTED FISHING FOR SIDEBOARD LIMITS BY NON-EXEMPT
AFA CATCHER VESSELS IS PROHIBITED—
Continued

Gear type

Deep-water flatfish .................
All.
All.

Rex sole .................................

All.
All.
All.

Arrowtooth flounder ...............
Flathead sole .........................
Pacific ocean perch ...............

All.
Northern rockfish ...................
Shortraker rockfish ................
All.
All.
All.
All.
All.
All.

Dusky rockfish .......................

Rougheye rockfish .................

Demersal shelf rockfish .........
Thornyhead rockfish ..............

TABLE 56 TO PART 679—GOA SPECIES
AND SPECIES GROUPS FOR WHICH DIRECTED FISHING FOR SIDEBOARD
LIMITS BY NON-EXEMPT AFA CATCHER VESSELS IS PROHIBITED
TABLE 56 TO PART 679—GOA SPECIES AND
SPECIES GROUPS FOR WHICH DIRECTED FISHING FOR SIDEBOARD LIMITS BY NON-EXEMPT
AFA CATCHER VESSELS IS PROHIBITED

Pollock ...................................
Pacific cod .............................

Sablefish ................................

Shallow-water flatfish .............

Management or regulatory
area and processing
component (if applicable)

Species or species group

[84 FR 2729, Feb. 8, 2019]

Species or species group

Pt. 679, Table 57

Management or regulatory
area and processing
component (if applicable)
Southeast Outside District,
Eastern GOA.
Eastern GOA, inshore component.
Eastern GOA, offshore component.
Western GOA.
Central GOA.
Eastern GOA.
Western GOA.
Eastern GOA.

Other rockfish ........................
Atka mackerel ........................
Big skates ..............................

Longnose skates ...................

Other skates ..........................
Sculpins .................................
Sharks ....................................
Octopuses ..............................

Western GOA.
Central GOA.
Eastern GOA.
Western GOA.
Eastern GOA.
Western GOA.
Eastern GOA.
Western GOA.
Eastern GOA.
Western GOA.
Central GOA.
Eastern GOA.
Western GOA.
Western GOA.
Central GOA.
Eastern GOA.
Western GOA.
Central GOA.
Eastern GOA.
Western GOA.
Central GOA.
Eastern GOA.
Southeast Outside District.
Western GOA.
Central GOA.
Eastern GOA.
Central GOA.
Eastern GOA.
GOA.
Western GOA.
Central GOA.
Eastern GOA.
Western GOA.
Central GOA.
Eastern GOA.
GOA.
GOA.
GOA.
GOA.

[84 FR 2730, Feb. 8, 2019, as amended at 88 FR
53744, Aug. 8, 2023]

TABLE 57 TO PART 679—GROUNDFISH
LLP LICENSES WITH BERING SEA OR
ALEUTIAN
ISLANDS
AREA
AND
CATCHER/PROCESSOR OPERATION ENDORSEMENTS ELIGIBLE FOR A BSAI
PACIFIC COD TRAWL MOTHERSHIP
ENDORSEMENT

[X indicates that Column A applies]
Column A

Column B

The Holder of Groundfish License Number . . .

Is eligible under 50 CFR 679.4(k)(15)(ii) to be assigned a BSAI
Pacific Cod Trawl Mothership Endorsement.

LLG 5009 .....................................................................................
LLG 4692 .....................................................................................

X
X

1017

Pt. 680

50 CFR Ch. VI (10–1–23 Edition)

[84 FR 70071, Dec. 20, 2019]

Subpart A—General

PART 680—SHELLFISH FISHERIES OF
THE
EXCLUSIVE
ECONOMIC
ZONE OFF ALASKA
Subpart A—General
Sec.
680.1 Purpose and scope.
680.2 Definitions.
680.3 Relation to other laws.
680.4 Permits.
680.5 Recordkeeping and reporting (R&R).
680.6 Crab economic data report (EDR).
680.7 Prohibitions.
680.8 Facilitation of enforcement.
680.9 Penalties.

Subpart B—Management Measures
680.20 Arbitration System.
680.21 Crab harvesting cooperatives.
680.22 Sideboard
protections
for
GOA
groundfish fisheries.
680.23 Equipment and operational requirements.
680.30 [Reserved]

Subpart C—Quota Management Measures
680.40 Crab Quota Share (QS), Processor QS
(PQS), Individual Fishing Quota (IFQ),
and Individual Processor Quota (IPQ)
Issuance.
680.41 Transfer of QS, PQS, IFQ and IPQ.
680.42 Limitations on use of QS, PQS, IFQ,
and IPQ.
680.43 Revocation of CVC and CPC QS.
680.44 Cost recovery.
TABLE 1 TO PART 680—CRAB RATIONALIZATION
(CR) FISHERIES
TABLE 3a TO PART 680—CRAB DELIVERY CONDITION CODES
TABLE 3b TO PART 680—CRAB DISPOSITION OR
PRODUCT CODES
TABLE 7 TO PART 680—INITIAL ISSUANCE OF
CRAB QS BY CRAB QS FISHERY
TABLE 8 TO PART 680—INITIAL QS AND PQS
POOL FOR EACH CRAB QS FISHERY
TABLE 9 TO PART 680—INITIAL ISSUANCE OF
CRAB PQS BY CRAB QS FISHERY
TABLE 10 TO PART 680—LICENSE LIMITATION
PROGRAM LICENSE NUMBERS THAT AUTHORIZE THE OWNERS AND OPERATORS OF
CATCHER/PROCESSORS TO DIRECTED FISH
FOR PACIFIC COD WITH HOOK-AND-LINE
GEAR IN THE CENTRAL GULF OF ALASKA
REGULATORY AREA (COLUMN A) AND IN
THE WESTERN GULF OF ALASKA REGULATORY AREA (COLUMN B)
AUTHORITY: 16 U.S.C. 1862; Pub. L. 109–241;
Pub. L. 109–479.
SOURCE: 70 FR 10241, Mar. 2, 2005, unless
otherwise noted.

§ 680.1 Purpose and scope.
Regulations in this part implement
policies developed by the North Pacific
Fishery Management Council and approved by the Secretary of Commerce
in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. In addition to part 600 of
this chapter, these regulations implement the following:
(a) Fishery Management Plan (FMP)
for Bering Sea and Aleutian Islands King
and Tanner Crabs. Regulations in this
part govern commercial fishing for,
and processing of, king and Tanner
crabs in the Bering Sea and Aleutian
Islands Area pursuant to section 313(j)
of the Magnuson-Stevens Act, including regulations implementing the Crab
Rationalization Program for crab fisheries in the Bering Sea and Aleutian Islands Area, and supersede State of
Alaska regulations applicable to the
commercial king and Tanner crab fisheries in the Exclusive Economic Zone
(EEZ) of the Bering Sea and Aleutian
Islands Area that are determined to be
inconsistent with the FMP.
(b) License Limitation Program. Commercial fishing for crab species not included in the Crab Rationalization Program for crab fisheries of the Bering
Sea and Aleutian Islands Area remains
subject to the License Limitation Program for the commercial crab fisheries
in the Bering Sea and Aleutian Islands
Area under part 679 of this chapter.
§ 680.2 Definitions.
In addition to the definitions in the
Magnuson-Stevens Act, in 50 CFR part
600, and § 679.2 of this chapter, the
terms used in this part have the following meanings:
Adak community entity means the
non-profit entity incorporated under
the laws of the state of Alaska that
represents the community of Adak and
has a board of directors elected by the
residents of Adak.
Affiliation means a relationship between two or more entities, except for
CDQ groups, in which one directly or
indirectly owns or controls a 10 percent
or greater interest in, or otherwise
controls, another, or a third entity directly or indirectly owns or controls a

1018