0648-BD31 Final Rule

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(e) * * *
(4) [Reserved]
(5) Vessel owners or operators that
decide not to fish for or retain HMS for
a period of time encompassing two or
more trips may follow the requirements
of this paragraph (e)(5) in lieu of
paragraphs (e)(2) and (e)(3) of this
section.
(i) If a vessel owner or operator
decides not to fish for or retain HMS for
a period of time encompassing two or
more trips, that owner or operator may
choose to ‘‘declare out’’ of the fishery.
To ‘‘declare out,’’ the vessel owner or
operator must contact NMFS using an
attached VMS terminal to indicate the
operator does not plan to fish for or
retain HMS. By ‘‘declaring out’’ of the
HMS fishery, the vessel owner or
operator is exempt from the
requirements of paragraphs (e)(2) and
(e)(3) of this section, unless the
circumstances described in paragraph
(e)(5)(ii) of this section apply, but must
still comply with all other HMS
regulations that are applicable to the
vessel including area and gear closures.
(ii) If a vessel owner or operator has
advised NMFS that it will not be fishing
for or retaining HMS as described in
paragraph (e)(5)(i) of this section, but
incidentally catches and retains any
HMS while fishing, the vessel owner is
required to change the target species
declaration and advise NMFS, as
described in paragraph (e)(2) of this
section while at sea before landing with
any HMS. The vessel must also report
advance notice of landing to NMFS as
described in paragraph (e)(3) of this
section.
(iii) Once the vessel owner or operator
changes the declaration per paragraph
(e)(5)(ii) of this section, that vessel is
assumed to be fishing under the
requirements of paragraphs (e)(1)
through (e)(3) of this section until the
vessel owner or operator makes another
declaration under paragraph (e)(5) of
this section.
*
*
*
*
*
■ 3. In § 635.69, effective December 16,
2013, paragraphs (a)(1) through (3), the
introductory text of paragraph (d), and
paragraphs (e)(1) through (3) are revised,
to read as follows:

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§ 635.69

Vessel monitoring systems.

(a) * * *
(1) Whenever the vessel has pelagic
longline gear on board;
(2) Whenever a vessel issued a
directed shark LAP, has bottom longline
gear on board, is located between 33°00′
N. lat. and 36°30′ N. lat., and the midAtlantic shark closed area is closed as
specified in § 635.21(d)(1); or

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(3) Whenever a vessel issued a
directed shark LAP has gillnet gear on
board from November 15–April 15.
*
*
*
*
*
(d) Installation and activation. Only
an E–MTU VMS that has been approved
by NMFS for Atlantic HMS Fisheries
may be used. Any VMS unit must be
installed by a qualified marine
electrician. When any NMFS-approved
E–MTU VMS is installed and activated
or reinstalled and reactivated, the vessel
owner or operator must—
*
*
*
*
*
(e) * * *
(1) Owners or operators of vessels
subject to requirements specified in
paragraph (a) of this section must ensure
the VMS unit is on so that it will submit
automatic position reports every hour,
24 hours a day. Except as otherwise
noted in this paragraph (e)(1), the VMS
unit must always be on, operating and
reporting without interruption, and
NMFS enforcement must receive hourly
position reports without interruption.
No person may interfere with, tamper
with, alter, damage, disable, or impede
the operation of a VMS unit, or attempt
any of the same. Vessels fishing outside
the geographic area of operation of the
installed VMS will be in violation of the
VMS requirement. Owners of vessels
may request a documented power down
exemption from NMFS enforcement if
the vessel will not be fishing for an
extended period of time. The request
must describe the reason an exemption
is being requested; the location of the
vessel during the time an exemption is
sought; the exact time period for which
an exemption is needed (i.e., the time
the VMS signal will be turned off and
turned on again); and sufficient
information to determine that a power
down exemption is appropriate.
Approval of a power down must be
documented and will be granted, at the
discretion of NMFS enforcement, only
in certain circumstances (e.g., when the
vessel is going into dry dock for repairs,
or will not be fishing for an extended
period of time).
(2) Hailing out. Prior to departure for
each trip, a vessel owner or operator
must initially report to NMFS declaring
any highly migratory species the vessel
will target on that trip and the specific
type(s) of fishing gear that will be on
board the vessel, using NMFS-defined
gear codes. If the vessel owner or
operator participates in multiple HMS
fisheries, or possesses multiple fishing
gears on board the vessel, the vessel
owner or operator must submit multiple
electronic reports to NMFS. If, during
the trip, the vessel switches to a gear
type or species group not reported on

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the initial declaration, another
declaration must be submitted before
this fishing begins. This information
must be reported to NMFS using an
attached VMS terminal or using another
method as instructed by NMFS
enforcement.
(3) Hailing in. A vessel owner or
operator must report advance notice of
landing to NMFS. For the purposes of
this paragraph (e)(3), landing means to
arrive at a dock, berth, beach, seawall,
or ramp. The vessel owner or operator
is responsible for ensuring that NMFS is
contacted at least 3 hours and no more
than 12 hours in advance of landing
regardless of trip duration. This
information must be reported to NMFS
using an attached VMS terminal and
must include the date, approximate
time, and location of landing.
*
*
*
*
*
[FR Doc. 2013–27418 Filed 11–14–13; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 130528511–3935–02]
RIN 0648–BD31

Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Commercial,
Limited Entry Pacific Coast Groundfish
Fishery; Program Improvement and
Enhancement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:

This action implements
revisions to the Pacific coast groundfish
trawl rationalization program (program),
a catch share program, and includes
clarifications of regulations that affect
the limited entry trawl and limited entry
fixed gear sectors managed under the
Pacific Coast Groundfish Fishery
Management Plan (FMP). This action
implements trailing actions for the
program that are either original
provisions of the program, such as quota
share (QS) permit application and
transfer regulations, or are provisions
that increase flexibility or efficiency, or
address minor revisions/clarifications.
DATES: Effective on January 1, 2014,
except for the amendments to
§ 660.140(e)(3)(iii)(B), which will be
effective December 15, 2013.
SUMMARY:

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Federal Register / Vol. 78, No. 221 / Friday, November 15, 2013 / Rules and Regulations
NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA),
which is summarized in the
Classification section of this final rule.
Copies of the FRFA and the Small Entity
Compliance Guide are available from
William W. Stelle, Jr., Regional
Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070; or by phone at
206–526–6150. Copies of the Small
Entity Compliance Guide are also
available on the West Coast Region’s
Web site at http://
www.westcoast.fisheries.noaa.gov/
index.html.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to William W. Stelle,
Jr., Regional Administrator, West Coast
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–0070, and to
OMB by email to OIRA_Submission@
omb.eop.gov, or fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Ariel Jacobs, 206–526–4491; (fax) 206–
526–6736; [email protected].
SUPPLEMENTARY INFORMATION:
ADDRESSES:

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

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(A) Implementation of Original Program
1. Establish quota share (QS) permit
application and QS transfer regulations.
(B) Increasing Flexibility or Efficiency
2. Clarify exceptions for lenders from
control rules,
3. Change the opt-out requirement for
quota pound (QP) deficits,
4. Eliminate double filing of co-op
reports (November and March),
5. Revise first receiver site license
requirements (FRSL), including site
inspection and expiration date, and

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6. Remove end of the year ban on QP
transfers between vessel accounts.
(C) Minor Revisions/Clarifications
7. Remove the term ‘‘permit holder’’
from groundfish regulations and replace
with ‘‘vessel owner,’’ ‘‘permit owner,’’
or ‘‘owner of a vessel registered to a
limited entry permit,’’ as applicable,
8. Revise the process for a permit
holder (vessel owner) to change their
vessel ownership,
9. Clarify that the processor obligation
may be to more than one MS permit,
10. Revise the mothership catcher
vessel (MS/CV) endorsement restriction
given severability,
11. Clarify sorting requirement for full
retention so ‘‘predominant species’’
means only one species,
12. Clarify the accumulation limits
calculation for compliance with the
annual QP vessel limit in vessel
accounts,
13. Add a prohibition against failing
to establish a new vessel account,
following a change in vessel ownership,
prior to fishing in the Shorebased IFQ
program, and
14. Add a prohibition against landing
fish from an IFQ trip to a first receiver
without a valid FRSL.
Each of these items, along with
additional background information, was
described in detail in the proposed rule
(78 FR 43125, July 19, 2013), and that
information is not repeated here.
NMFS is currently involved in
ongoing litigation regarding the initial
allocation of whiting quota to the
shoreside and mothership sectors of the
trawl rationalization program. The
outcome of this litigation may affect
existing quota share allocation amounts,
and could potentially affect or delay
quota share trading, which is scheduled
to begin January 1, 2014 under existing
regulations (78 FR 18879).
Comments and Responses
NMFS solicited public comment on
the second program improvement and
enhancement rule (‘‘PIE 2’’) (78 FR
43125, July 19, 2013). The proposed rule
also included a collection-ofinformation requirement subject to
review and approval under the
Paperwork Reduction Act (PRA). Public
comment was also sought regarding
potential impacts to the public due to
this collection of information
requirement. The comment period
ended on August 19, 2013; no public
comments were received on either the
proposed rule or the collection of
information requirement.
Changes From the Proposed Rule
No changes were made from the
proposed rule.

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68765

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

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lending secured by personal property
(NAICS 522298—All Other
Nondepository Credit Intermediation).
The Small Business Administration
(SBA) has established size criteria for all
major industry sectors in the US,
including fish harvesting and fish
processing businesses. However, since
publication of the proposed rule, a final
rule was issued by the SBA that
increased the size standard for Finfish
Fishing from $4.0 million to $19 million
(78 FR 37398). A business involved in
fish harvesting is a small business if it
is independently owned and operated
and not dominant in its field of
operation (including its affiliates) and if
it has combined annual receipts not in
excess of $19.0 million for all its
affiliated operations worldwide. A
seafood processor is a small business if
it is independently owned and operated,
not dominant in its field of operation,
and employs 500 or fewer persons on a
full-time, part-time, temporary, or other
basis, at all its affiliated operations
worldwide. Prior to SBA’s recent
changes to the size standards for
commercial harvesters, a business
involved in both the harvesting and
processing of seafood products, also
referred to as a catcher/processor (CP),
was considered a small business if it
met the $4.0 million criterion for
commercial fish harvesting operations.
In light of the new size standards for
commercial harvesters, NMFS is
reviewing the size standard for CPs.
However, for purposes of this
rulemaking, NMFS is applying the $19.0
million standard because whiting CPs
are involved in the commercial harvest
of finfish. For NAICS 522298 lenders,
the size standard is $7.0 million.
As part of the permit application
processes for the non-tribal fisheries,
applicants are asked if they considered
themselves a ‘‘small’’ business and to
provide detailed ownership
information. Many companies
participate in two or more of these
sectors. All MS/CV participants are
involved in the shorebased IFQ sector
while two of the three CP companies
also participate in both the shorebased
IFQ sector and in the MS sector. Many
companies own several QS accounts
and vessel accounts. Taking into
account cross participation, multiple
accounts, and affiliation between
entities, NMFS estimates that there are
145 fishery related entities directly
affected by these proposed regulations,
102 of which are considered to be
‘‘small’’ businesses. Overall, NMFS
estimates that there are approximately
730 affected entities, 695 of which are
‘‘small’’ businesses.

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The change in the size standard for
vessels that harvest finfish does not
change NMFS’ conclusions about this
rule. This rule is administrative in
nature and will not have a significant,
negative impact on small entities. Some
of these changes were recommended by
the industry to increase flexibility or
efficiency. This rule is likely to have
beneficial effects on small entities.
Instituting provisions that allow
fishermen to trade their quota shares
should allow fishermen and the fishery
to achieve the full benefits of the IFQ
program as identified in (75 FR 78344;
Dec. 15, 2010). Increasing the
availability of loans to fishermen by
providing non-traditional lenders
increased opportunity to make
additional loans should also be
beneficial to small entities.
No Federal rules have been identified
that duplicate, overlap, or conflict with
the alternatives. Public comment is
hereby solicited, identifying such rules.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide (the guide) was
prepared. Copies of this final rule are
available from the West Coast Regional
Office, and the guide will be sent to all
limited entry and quota share permit
owners, vessel account holders, and first
receiver site license holders for the
fishery. The guide and this final rule
will also be available on the West Coast
Region’s Web site (see ADDRESSES) and
upon request.
This final rule contains a collectionof-information requirement subject to
the Paperwork Reduction Act (PRA) that
has been approved by OMB under
control number 0648–0620. NMFS
received no comments on the proposed
rule regarding this information
collection. Public reporting burden for
the QS permit/account application form
is estimated to average 30 minutes per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. Public reporting burden
for the online QS transfer form is
estimated to average 10 minutes per
response, including the time for

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reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. Public reporting burden
for the online QP transfer form (from a
QS account to a vessel account, or
vessel account to another vessel
account) is estimated to average 8
minutes per response, including the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. Public
reporting burden for the trawl
identification of ownership interest
form for new entrants, including
lenders, is estimated to average 45
minutes per response, including the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. Public
reporting burden for the first receiver
site license application form for reregistering applicants is estimated to
average 110 minutes per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Public reporting burden for the
mothership cooperative permit
application form is estimated to average
4 hours per response, including the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. Public reporting burden
for the catcher/processor cooperative
permit application form is estimated to
average 2 hours per response, including
the time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. Send
comments on these or any other aspects
of the collection of information,
including suggestions for reducing the
burden, to NMFS, West Coast Region at
the ADDRESSES above, and email to
[email protected], or fax
to (202) 395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
This final rule was developed after
meaningful collaboration, through the
Council process, with the tribal

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Federal Register / Vol. 78, No. 221 / Friday, November 15, 2013 / Rules and Regulations
representative on the Council. The
regulations have no direct effect on the
tribes.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
fisheries.
Dated: November 8, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, performing the
functions and duties of the Assistant
Administrator for Fisheries, National Marine
Fisheries Service.

For the reasons stated in the
preamble, 50 CFR part 660 is amended
as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:

■

Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
§ 660.11

[Amended]

2. In § 660.11, remove the definition
for ‘‘Permit holder’’.
■ 3. In § 660.12, revise paragraph (a)(8)
to read as follows:
■

§ 660.12

General groundfish prohibitions.

*
*
*
*
(a) * * *
(8) Fail to sort, prior to the first
weighing after offloading, those
groundfish species or species groups for
which there is a trip limit, size limit,
scientific sorting designation, quota,
harvest guideline, ACT, ACL or OY, if
the vessel fished or landed in an area
during a time when such trip limit, size
limit, scientific sorting designation,
quota, harvest guideline, ACT, ACL or
OY applied; except as specified at
§ 660.130(d).
*
*
*
*
*
■ 4. In § 660.25:
■ a. Revise paragraphs (b)(3)(ii),
(b)(3)(iv)(C)(4), (b)(3)(vii), and the
heading of paragraph (b)(4);
■ b. Add paragraph (b)(4)(i)(G); and
■ c. Revise the heading of paragraph
(b)(4)(iv), and paragraphs (b)(4)(iv)(A)
through (C), (b)(4)(v)(B) and (D),
(b)(4)(vi)(B), (b)(4)(vii) introductory text,
(b)(4)(vii)(A) through (C), (b)(4)(viii),
and (g)(1).
The revisions and addition read as
follows:
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*

§ 660.25

Permits.

*

*
*
*
*
(b) * * *
(3) * * *
(ii) Gear endorsement. There are three
types of gear endorsements: Trawl,
longline, and pot (trap). When limited

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entry ‘‘A’’-endorsed permits were first
issued, some vessel owners qualified for
more than one type of gear endorsement
based on the landings history of their
vessels. Each limited entry ‘‘A’’endorsed permit has one or more gear
endorsement(s). Gear endorsement(s)
assigned to the permit at the time of
issuance will be permanent and shall
not be modified. While participating in
the limited entry fishery, the vessel
registered to the limited entry ‘‘A’’endorsed permit is authorized to fish
the gear(s) endorsed on the permit.
While participating in the limited entry,
fixed gear primary fishery for sablefish
described at § 660.231, a vessel
registered to more than one limited
entry permit is authorized to fish with
any gear, except trawl gear, endorsed on
at least one of the permits registered for
use with that vessel. Vessels registered
to limited entry permits may be used to
fish with open access gear, subject to the
crossover provisions at
§ 660.60(h)(7)(ii), except that vessels
registered to sablefish-endorsed permits
fishing in the sablefish primary season
described at § 660.231, may not fish
with open access gear against those
limits. An MS permit does not have a
gear endorsement.
*
*
*
*
*
(iv) * * *
(C) * * *
(4) Any partnership or corporation
with any ownership interest in a limited
entry permit with a sablefish
endorsement or in the vessel registered
to the permit shall document the extent
of that ownership interest with NMFS
via the Identification of Ownership
Interest Form sent to the permit owner
through the annual permit renewal
process and whenever a change in
permit owner, vessel owner, and/or
vessel registration occurs as described at
paragraph (b)(4)(iv) and (v) of this
section. NMFS will not renew a
sablefish-endorsed limited entry permit
through the annual renewal process
described at paragraph (b)(4)(i) of this
section, or approve a change in permit
owner, vessel owner, and/or vessel
registration unless the Identification of
Ownership Interest Form has been
completed. Further, if NMFS discovers
through review of the Identification of
Ownership Interest Form that an
individual person, partnership, or
corporation owns or holds more than 3
permits and is not authorized to do so
under paragraph (b)(3)(iv)(C)(2) of this
section, the individual person,
partnership or corporation will be
notified and the permits owned or held
by that individual person, partnership,
or corporation will be void and reissued

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68767

with the vessel status as ‘‘unidentified’’
until the permit owner owns and/or
holds a quantity of permits appropriate
to the restrictions and requirements
described in paragraph (b)(3)(iv)(C)(2) of
this section. If NMFS discovers through
review of the Identification of
Ownership Interest Form that a
partnership or corporation has had a
change in membership since November
1, 2000, as described in paragraph
(b)(3)(iv)(C)(3) of this section, the
partnership or corporation will be
notified, NMFS will void any existing
permits, and reissue any permits owned
and/or held by that partnership or
corporation in ‘‘unidentified’’ status
with respect to vessel registration until
the partnership or corporation is able to
register ownership of those permits to
persons authorized under this section to
own sablefish-endorsed limited entry
permits.
*
*
*
*
*
(vii) Endorsement and exemption
restrictions. ‘‘A’’ endorsements, gear
endorsements, sablefish endorsements
and sablefish tier assignments, and C/P
endorsements may not be registered to
another permit owner (i.e., change in
permit ownership or ownership interest)
or to another vessel (i.e., change in
vessel registration) separately from the
limited entry permit. At-sea processing
exemptions, specified at paragraph
(b)(6) of this section, are associated with
the vessel and not with the limited entry
permit and may not be registered to
another permit owner or to another
vessel without losing the exemption.
(4) Limited entry permit actions—
renewal, combination, stacking, change
of permit owner or vessel owner, and
change in vessel registration.
(i) * * *
(G) At the time of renewal, NMFS will
notify owners of limited entry permits
and vessel owners if vessel ownership
information for a vessel registered to the
permit is not current. NMFS will not
renew a limited entry permit registered
to a vessel for which vessel ownership
information is not current.
*
*
*
*
*
(iv) Changes in permit owner and/or
vessel owner — (A) General. Change in
permit owner and/or vessel owner
applications must be submitted to
NMFS with the appropriate
documentation described at paragraphs
(b)(4)(vii) and (viii) of this section. The
permit owner may convey the limited
entry permit to a different person. The
new permit owner will not be
authorized to use the permit until the
change in permit owner has been
registered with and approved by NMFS.
NMFS will not approve a change in

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permit owner for a limited entry permit
with a sablefish endorsement that does
not meet the ownership requirements
for such permit described at paragraph
(b)(3)(iv)(C) of this section. NMFS will
not approve a change in permit owner
for a limited entry permit with an MS/
CV endorsement or an MS permit that
does not meet the ownership
requirements for such permit described
at § 660.150(g)(3), and § 660.150(f)(3),
respectively. NMFS considers the
following as a change in permit owner
that would require registering with and
approval by NMFS, including but not
limited to: Selling the permit to another
individual or entity; adding an
individual or entity to the legal name on
the permit; or removing an individual or
entity from the legal name on the
permit. A change in vessel owner
includes any changes to the name(s) of
any or all vessel owners, as registered
with USCG or a state. The new owner(s)
of a vessel registered to a limited entry
permit must report any change in vessel
ownership to NMFS within 30 calendar
days after such change has been
registered with the USCG or a state
licensing agency.
(B) Effective date. The change in
permit ownership or change in the
vessel holding the permit will be
effective on the day the change is
approved by NMFS, unless there is a
concurrent change in the vessel
registered to the permit. Requirements
for changing the vessel registered to the
permit are described at paragraph
(b)(4)(v) of this section.
(C) Sablefish-endorsed permits. If a
permit owner submits an application to
register a sablefish-endorsed limited
entry permit to a new permit owner or
vessel owner during the primary
sablefish season described at § 660.231
(generally April 1 through October 31),
the initial permit owner must certify on
the application form the cumulative
quantity, in round weight, of primary
season sablefish landed against that
permit as of the application signature
date for the then current primary
season. The new permit owner or vessel
owner must sign the application form
acknowledging the amount of landings
to date given by the initial permit
owner. This certified amount should
match the total amount of primary
season sablefish landings reported on
state landing receipts. As required at
§ 660.12(b), any person landing
sablefish must retain on board the vessel
from which sablefish is landed, and
provide to an authorized officer upon
request, copies of any and all reports of
sablefish landings from the primary
season containing all data, and in the
exact manner, required by the

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applicable state law throughout the
primary sablefish season during which
a landing occurred and for 15 days
thereafter.
*
*
*
*
*
(v) * * *
(B) Application. Change in vessel
registration applications must be
submitted to NMFS with the
appropriate documentation described at
paragraphs (b)(4)(vii) and (viii) of this
section. At a minimum, a permit owner
seeking to change vessel registration of
a limited entry permit shall submit to
NMFS a signed application form and
his/her current limited entry permit
before the first day of the cumulative
limit period in which they wish to fish.
If a permit owner provides a signed
application and current limited entry
permit after the first day of a cumulative
limit period, the permit will not be
effective until the succeeding
cumulative limit period. NMFS will not
approve a change in vessel registration
until it receives a complete application,
the existing permit, a current copy of
the USCG 1270, and other required
documentation.
*
*
*
*
*
(D) Sablefish-endorsed permits. If a
permit owner submits an application to
register a sablefish-endorsed limited
entry permit to a new vessel during the
primary sablefish season described at
§ 660.231 (generally April 1 through
October 31), the initial permit owner
must certify on the application form the
cumulative quantity, in round weight, of
primary season sablefish landed against
that permit as of the application
signature date for the then current
primary season. The new permit owner
or vessel owner associated with the new
vessel must sign the application form
acknowledging the amount of landings
to date given by the initial permit
owner. This certified amount should
match the total amount of primary
season sablefish landings reported on
state landing receipts. As required at
§ 660.12(b), any person landing
sablefish must retain on board the vessel
from which sablefish is landed, and
provide to an authorized officer upon
request, copies of any and all reports of
sablefish landings from the primary
season containing all data, and in the
exact manner, required by the
applicable state law throughout the
primary sablefish season during which
a landing occurred and for 15 days
thereafter.
*
*
*
*
*
(vi) * * *
(B) Limited entry fixed gear and trawlendorsed permits (without MS/CV or C/
P endorsements). Limited entry fixed

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gear and trawl-endorsed permits
(without MS/CV or C/P endorsements)
may not be registered for use with a
different vessel more than once per
calendar year, except in cases of death
of a vessel owner or if the vessel
registered to the permit is totally lost as
defined in § 660.11. The exception for
death of a vessel owner applies for a
vessel owned by a partnership or a
corporation if the person or persons
with at least 50 percent of the
ownership interest in the entity dies.
*
*
*
*
*
(vii) Application and supplemental
documentation. Permit owners may
request a change in vessel registration
and/or change in permit owner or vessel
owner by submitting a complete
application form. In addition, a permit
owner applying for a change in vessel
registration and/or change in permit
owner of a limited entry permit has the
burden to submit evidence to prove that
qualification requirements are met. If a
change in vessel owner occurs, the new
vessel owner has the burden to submit
evidence to prove that qualification
requirements are met. The following
evidentiary standards apply:
(A) For a request to change a vessel
registration and/or change a permit
owner or vessel owner, the permit
owner must provide NMFS with a
current copy of the USCG Form 1270 for
vessels of 5 net tons or greater, or a
current copy of a state registration form
for vessels under 5 net tons.
(B) For a request to change a vessel
registration and/or change a permit
owner or vessel owner for sablefishendorsed permits with a tier assignment
for which a corporation or partnership
is listed as permit owner and/or vessel
owner, an Identification of Ownership
Interest Form must be completed and
included with the application form.
(C) For a request to change a permit
owner for an MS permit or for a request
to change a vessel registration and/or
change a permit owner or vessel owner
for an MS/CV-endorsed limited entry
trawl permit, an Identification of
Ownership Interest Form must be
completed and included with the
application form.
*
*
*
*
*
(viii) Application forms available.
Application forms for a change in vessel
registration, permit owner, or vessel
owner are available at: NMFS West
Coast Region, Sustainable Fisheries
Division, ATTN: Fisheries Permit
Office, 7600 Sand Point Way NE.,
Seattle, WA 98115; or http://
www.westcoast.fisheries.noaa.gov/
fisheries/management/groundfish_
permits/limited_entry_permits.html.

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Contents of the application, and
required supporting documentation, are
also specified in the application form.
Only complete applications will be
processed.
*
*
*
*
*
(g) * * *
(1) General. For permit actions,
including issuance, renewal, change in
vessel registration and/or change in
permit owner or vessel owner, and
endorsement upgrade, the Assistant
Regional Administrator for Sustainable
Fisheries will make an IAD on the
action. In cases where the applicant
disagrees with the IAD, the applicant
may appeal that decision. Final
decisions on appeals of IADs regarding
issuance, renewal, change in vessel
registration and/or change in permit
owner or vessel owner, and
endorsement upgrade, will be made in
writing by the Regional Administrator
acting on behalf of the Secretary of
Commerce and will state the reasons
therefore. This section describes the
procedures for appealing the IAD on
permit actions made in this title under
subparts C through G of part 660.
Additional information regarding
appeals of an IAD related to the trawl
rationalization program is contained in
the specific program sections under
subpart D of part 660.
*
*
*
*
*
■ 5. In § 660.111, under the definition of
‘‘Accumulation limits’’, revise
paragraph (1)(ii) to read as follows:
§ 660.111

Trawl fishery—definitions.

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*

*
*
*
*
Accumulation limits * * *
(1) * * *
(ii) Vessel limits means the maximum
amount of QP a vessel can hold, acquire,
and/or use during a calendar year, and
specify the maximum amount of QP that
may be registered to a single vessel
during the year (QP Vessel Limit) and,
for some species, the maximum amount
of unused QP registered to a vessel
account at any one time (Unused QP
Vessel Limit), as described at
§ 660.140(e)(4). Compliance with the QP
vessel limit (annual limit) is calculated
as all QPs transferred in minus all QPs
transferred out of the vessel account.
*
*
*
*
*
■ 6. In § 660.112, add paragraphs
(b)(1)(xvi) and (xvii), and revise
paragraph (b)(2)(ii) to read as follows:
§ 660.112

Trawl fishery—prohibitions.

*

*
*
*
*
(b) * * *
(1) * * *
(xvi) Fail to establish a new registered
vessel account in the name of the

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current vessel owner, following a
change in ownership of a vessel, prior
to fishing in the Shorebased IFQ
Program with that vessel.
(xvii) Land groundfish taken and
retained during an IFQ trip, from the
vessel that harvested the fish, to a first
receiver that does not hold a valid first
receiver site license for the physical
location where the IFQ landing
occurred.
*
*
*
*
*
(2) * * *
(ii) Fail to sort fish received from a
IFQ landing prior to first weighing after
offloading as specified at § 660.130(d)(2)
for the Shorebased IFQ Program, with
the following exception. Vessels with a
valid Shorebased IFQ Program
declaration as specified at
§ 660.13(d)(5)(iv)(A) making an IFQ
landing, may weigh catch on a bulk
scale or automatic hopper scale before
sorting as described at
§ 660.140(j)(2)(viii), for Pacific whiting
taken with midwater trawl gear, and at
§ 660.140(j)(2)(ix)(A), for all other IFQ
landings. For this exception, all catch in
the landing other than the single
predominant species must then be
reweighed. The weight of a single
predominant species is determined by
deducting the weight of all other species
from the total weight of the landing.
*
*
*
*
*
■ 7. In § 660.113, revise paragraphs
(c)(3) and (d)(3) to read as follows:
§ 660.113 Trawl fishery—recordkeeping
and reporting.

*

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

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68769

companies participating in the
cooperative, the harvest agreement, and
catch monitoring and reporting
requirements.
*
*
*
*
*
(d) * * *
(3) Annual coop report. The
designated coop manager for the C/P
coop must submit an annual report to
NMFS and the Council by March 31
each year, before a coop permit is issued
for that year. The annual coop report
will contain information about the
previous year’s fishery, including:
(i) The C/P sector’s annual allocation
of Pacific whiting;
(ii) The C/P coop’s actual retained and
discarded catch of Pacific whiting,
salmon, Pacific halibut, rockfish,
groundfish, and other species on a
vessel-by-vessel basis;
(iii) A description of the method used
by the C/P coop to monitor performance
of cooperative vessels that participated
in the fishery;
(iv) A description of any actions taken
by the C/P coop in response to any
vessels that exceed their allowed catch
and bycatch; and
(v) Plans for the current year’s C/P
coop fishery, including the companies
participating in the cooperative, the
harvest agreement, and catch
monitoring and reporting requirements.
*
*
*
*
*
■ 8. In § 660.130, revise paragraphs
(d)(2)(i), (d)(2)(ii) and (d)(3)(i) to read as
follows:
§ 660.130 Trawl fishery—management
measures.

*

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

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(ii) Catcher vessels. All catch must be
sorted to the species groups specified in
paragraph (d)(1) of this section for
vessels with limited entry permits,
except those retaining all catch during
a IFQ trip. The catch must not be
discarded from the vessel and the vessel
must not mix catch from hauls until the
observer has sampled the catch.
Prohibited species must be sorted
according to the following species
groups: Dungeness crab, Pacific halibut,
Chinook salmon, other salmon. Nongroundfish species must be sorted as
required by the state of landing.
(3) * * *
(i) Pacific whiting at-sea processing
vessels may use an accurate in-line
conveyor or hopper type scale to derive
an accurate total catch weight prior to
sorting. Immediately following weighing
of the total catch, the catch must be
sorted to the species groups specified in
paragraph (d)(1) of this section and all
incidental catch (groundfish and nongroundfish species) must be accurately
accounted for and the weight of
incidental catch deducted from the total
catch weight to derive the weight of a
single predominant species.
*
*
*
*
*
■ 9. In § 660.140,
■ a. Revise paragraph (b)(1)(iii);
■ b. Add paragraph (d)(2)(iii), revise
paragraphs (d)(3)(i)(A) and (C),
(d)(3)(ii)(B)(2) and (d)(3)(ii)(B)(3)(ii),
remove paragraph (d)(3)(ii)(B)(3)(iii),
and revise paragraph (d)(4)(iii);
■ c. Revise paragraphs (e)(3)(iii)(B),
(e)(4)(i), and (e)(5)(ii)(A);
■ d. Revise paragraphs (f)(2)(ii), (f)(3)
introductory text, (f)(3)(i) and (ii),
(f)(3)(iii)(A) and (B), add paragraph
(f)(3)(iii)(C)(12), and revise paragraph
(f)(3)(iii)(D);
■ e. Revise paragraphs (f)(5) and (f)(6);
and
■ f. Revise paragraphs (j)(2)(viii) and
(j)(2)(ix)(B), to read as follows:
§ 660.140

Shorebased IFQ Program.

emcdonald on DSK67QTVN1PROD with RULES

*

*
*
*
*
(b) * * *
(1) * * *
(iii) All IFQ species/species group
catch (landings and discards) must be
covered by QP or IBQ pounds. Any
deficit (negative balance in a vessel
account) must be cured within 30
calendar days from the date the deficit
from that trip is documented in the
vessel account, unless the deficit is
within the limits of the carryover
provision at paragraph (e)(5) of this
section, in which case the vessel
account owner must declare out of the
Shorebased IFQ Program, and must
eliminate the deficit prior to re-entry

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into the fishery in the current year, or
within 30 days after the issuance of QP
or IBQ pounds for the following year.
*
*
*
*
*
(d) * * *
(2) * * *
(iii) QS permit application process.
NMFS will accept a QS permit
application from January 1 to November
30 of each calendar year. QS permit
applications received between
December 1 and December 31 will be
processed by NMFS in the following
calendar year. NMFS will issue only one
QS permit to each unique person, as
defined at § 660.11 subject to the
eligibility requirements at paragraph
(d)(2)(i) of this section. Each applicant
must submit a complete application. A
complete application includes a QS
permit application form, payment of
required fees, complete documentation
of QS permit ownership on the Trawl
Identification of Ownership Interest
Form as required under paragraph
(d)(4)(iv) of this section, and a complete
economic data collection form if
required under § 660.114. NMFS may
require additional documentation as it
deems necessary to make a
determination on the application. The
QS permit application will be
considered incomplete until the
required information is submitted.
(A) Initial administrative
determination. For all complete
applications, NMFS will issue an IAD
that either approves or disapproves the
application. If approved, the QS permit
serves as the IAD. If disapproved, the
IAD will provide the reasons for this
determination. If the applicant does not
appeal the IAD within 30 calendar days,
the IAD becomes the final decision of
the Regional Administrator acting on
behalf of the Secretary of Commerce.
(B) Effective date. The QS permit is
effective on the date given on the permit
and remains effective until the end of
the calendar year.
(C) Appeals. If NMFS does not accept
the QS permit application, the applicant
may appeal the IAD consistent with the
general permit appeals process defined
at § 660.25(g).
(3) * * *
(i) * * *
(A) QS permits expire at the end of
each calendar year, and must be
renewed between October 1 and
November 30 of each year in order to
remain in effect the following year. A
complete QS permit renewal package
must be received by NMFS no later than
November 30 to be accepted by NMFS.
A QS permit owner may submit a paper
renewal package after January 1 of the

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following year as described in paragraph
(d)(3)(i)(C) of this section.
*
*
*
*
*
(C) A complete QS permit renewal
package must be received by November
30 of each calendar year. If a complete
QS permit renewal package is not
received by November 30, NMFS will
not renew the QS permit, the associated
QS account will not be activated in the
following calendar year, and QS may
not be transferred. NMFS will not issue
QP or IBQ pounds associated with the
non-renewed QS permit for that year.
Any QP or IBQ pounds derived from the
QS or IBQ in the inactive QS account
will be distributed to the active QS
accounts in proportion to the QS or IBQ
for each IFQ species given on the
renewed QS permit. If a QS permit is
not renewed during the October 1
through November 30 renewal period,
the QS permit owner may renew after
January 1 in the following year by
submission of a paper renewal
application, or may renew the QS
permit during the next October 1
through November 30 renewal period.
For renewals submitted after January 1,
QPs allocated as specified at paragraph
(d)(1) of this section will not be
allocated to the QS account in that year.
The QS permit owner will be able to
transfer QS percentages from the time
the QS account is activated until
November 30 of that calendar year.
*
*
*
*
*
(ii) * * *
(B) * * *
(2) Transfer of QS or IBQ between QS
accounts. Beginning January 1, 2014, QS
permit owners may transfer QS (except
for widow rockfish QS) or IBQ to
another owner of a QS permit, subject
to accumulation limits and approval by
NMFS. The prohibition on
transferability of widow rockfish QS is
extended indefinitely pending final
action on reallocation of widow rockfish
QS, or a NMFS determination that no
such reallocation will occur, except
under U.S. court order or authorization
and as approved by NMFS. QS or IBQ
is transferred as a percent, divisible to
one-thousandth of a percent (i.e., greater
than or equal to 0.001%). QS or IBQ
cannot be transferred to a vessel
account. Owners of non-renewed QS
permits may not transfer QS. QP in QS
accounts cannot be transferred between
QS accounts. NMFS will allocate QP
based on the QS percentages as listed on
a QS permit that was renewed during
the previous October 1 through
November 30 renewal period. QS
transfers will be recorded in the QS
account but will not become effective
for purposes of allocating QPs until the

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following year. QS or IBQ may not be
transferred between December 1 through
December 31 each year. Any QS
transaction that is pending as of
December 1 will be administratively
retracted. NMFS will allocate QP for the
following year based on the QS
percentages as of December 1 of each
year.
*
*
*
*
*
(3) * * *
(ii) The QS account transfer function
will be reactivated by NMFS from the
date that QS accounts are credited with
additional QP to allow QS permit
owners to transfer QP to vessel accounts
only for those IFQ species with
additional QP.
(4) * * *
(iii) Control. Control means, but is not
limited to, the following:
(A) The person has the right to direct,
or does direct, in whole or in part, the
business of the entity to which the QS
or IBQ are registered, with the exception
of those activities allowed under
paragraphs (d)(4)(iii)(C) and (G) of this
section;
(B) The person has the right to limit
the actions of or replace, or does limit
the actions of or replace, the chief
executive officer, a majority of the board
of directors, any general partner, or any
person serving in a management
capacity of the entity to which the QS
or IBQ are registered, with the exception
of those activities allowed under
paragraphs (d)(4)(iii)(C) and (G) of this
section;
(C) The person, excluding banks and
other financial institutions that rely on
QS or IBQ as collateral for loans as
described under paragraph (d)(4)(iii)(G)
of this section, has the right to direct, or
does direct, and/or the right to prevent
or delay, or does prevent or delay, the
transfer of QS or IBQ, or the resulting
QP or IBQ pounds;
(D) The person, through loan
covenants or any other means, has the
right to restrict, or does restrict, and/or
has a controlling influence over the day
to day business activities or
management policies of the entity to
which the QS or IBQ are registered, with
the exception of those activities allowed
under paragraphs (d)(4)(iii)(C) and (G) of
this section;
(E) The person, has the right to
restrict, or does restrict, any activity
related to QS or IBQ or QP or IBQ
pounds, including, but not limited to,
use of QS or IBQ, or the resulting QP or
IBQ pounds, or disposition of fish
harvested under the resulting QP or IBQ
pounds, with the exception of those
activities allowed under paragraphs
(d)(4)(iii)(C) and (G) of this section;

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(F) The person has the right to
control, or does control, the
management of, or to be a controlling
factor in, the entity to which the QS or
IBQ, or the resulting QP or IBQ pounds,
are registered, with the exception of
those activities allowed under
paragraphs (d)(4)(iii)(C) and (G) of this
section;
(G) The person, excluding banks and
other financial institutions that rely on
QS or IBQ as collateral for loans, has the
right to cause or prevent, or does cause
or prevent, the sale, lease or other
disposition of QS or IBQ, or the
resulting QP or IBQ pounds; and
(1) To qualify for this exception, a
bank or other financial institution must
be regularly or primarily engaged in the
business of lending and not engaged in
or controlled by entities whose primary
business is the harvesting, processing,
or distribution of fish or fish products.
(2) Any state or federally chartered
bank or financial institution that meets
the requirement of paragraph
(d)(4)(iii)(G)(1) of this section does not
need to submit additional information
to NMFS.
(3) Any entity that is not a state or
federally chartered bank or financial
institution, must submit a letter
requesting the exception and disclose
the identity and interest share of any
shareholder with a 2% or more
ownership interest in the lender through
submission of the Trawl Identification
of Ownership Interest Form (see
paragraph (d)(4)(iv) of this section). The
lender must make subsequent annual
submissions of the letter and Trawl
Identification of Ownership Interest
Form to maintain the exception. Letters
requesting the exception and complete
Trawl Identification of Ownership
Interest Forms may be submitted to
NMFS, West Coast Region, Permits
Office, ATTN: Fisheries Permit Office,
Bldg. 1, 7600 Sand Point Way NE.,
Seattle, WA 98115. NMFS will only
accept complete applications.
(H) The person has the ability through
any means whatsoever to control or
have a controlling influence over the
entity to which QS or IBQ is registered,
with the exception of those activities
allowed under paragraphs (d)(4)(iii)(C)
and (G) of this section.
*
*
*
*
*
(e) * * *
(3) * * *
(iii) * * *
(B) Transfer procedures. QP or IBQ
pound transfers from one vessel account
to another vessel account must be
accomplished via the online vessel
account. To make a transfer, a vessel
account owner must initiate a transfer

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68771

request by logging onto the online vessel
account. Following the instructions
provided on the Web site, the vessel
account owner must enter pertinent
information regarding the transfer
request including, but not limited to:
IFQ species, amount of QP or IBQ
pounds to be transferred for each IFQ
species (in whole pound increments);
name and any other identifier of the
eligible transferee (e.g., USCG
documentation number or state
registration number, as applicable) of
the eligible vessel account receiving the
transfer; and the value of the transferred
QP or IBQ pounds. The online system
will verify whether all information has
been entered and whether the transfer
complies with vessel limits, as
applicable. If the information is not
accepted, an electronic message will
record as much in the transferor’s vessel
account explaining the reason(s). If the
information is accepted, the online
system will record the pending transfer
in both the transferor’s and the
transferee’s vessel accounts. The
transferee must approve the transfer by
electronic signature. If the transferee
accepts the transfer, the online system
will record the transfer and confirm the
transaction in both accounts through a
transaction confirmation notice. Once
the transferee accepts the transaction,
the transaction is final and permanent.
QP or IBQ pounds may be transferred
between vessel accounts at any time
during January 1 through December 31
each year unless otherwise notified by
NMFS.
*
*
*
*
*
(4) * * *
(i) Vessel limits. For each IFQ species
or species group specified in this
paragraph, vessel accounts may not
have QP or IBQ pounds in excess of the
QP vessel limit (annual limit) in any
year, and, for species covered by unused
QP vessel limits (daily limit), may not
have QP or IBQ pounds in excess of the
unused QP vessel limit at any time. The
QP vessel limit (annual limit) is
calculated as all QPs transferred in
minus all QPs transferred out of the
vessel account. The unused QP vessel
limits (daily limit) is calculated as
unused available QPs plus any pending
outgoing transfer of QPs.
*
*
*
*
*
(5) * * *
(ii) * * *
(A) The vessel account owner declares
out of the Shorebased IFQ Program for
the year in which the deficit occurred.
The vessel account owner must submit
a signed, dated, and notarized letter to
OLE, declaring out of the Shorebased
IFQ Program for the remainder of the

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year and invoking the carryover
provision to cover the deficit. Signed,
dated, and notarized letters may be
submitted to NMFS, West Coast Region,
Office of Law Enforcement, ATTN VMS,
Bldg. 1, 7600 Sand Point Way NE.,
Seattle, WA 98115. If the vessel account
owner covers the deficit later within the
same calendar year, the vessel may reenter the Shorebased IFQ Program. If the
deficit occurs less than 30 days before
the end of the calendar year, exiting out
of the Shorebased IFQ Program for the
remainder of the year is not required.
*
*
*
*
*
(f) * * *
(2) * * *
(ii) An IFQ first receiver must have a
separate first receiver site license for
each unique physical location where the
IFQ first receiver will receive, purchase
or take custody, control, or take
possession of an IFQ landing from a
vessel.
*
*
*
*
*
(3) Application process. Persons
interested in being licensed as an IFQ
first receiver for a specific physical
location must submit a complete
application for a first receiver site
license to NMFS, West Coast Region,
ATTN: Fisheries Permit Office, Bldg. 1,
7600 Sand Point Way NE., Seattle, WA
98115. NMFS will only consider
complete applications for approval. A
complete application includes:
(i) State license. The license owner
must provide a copy of a valid license
issued by the state in which they
operate that allows the person to receive
fish from a catcher vessel.
(ii) Application form. A completed
IFQ first receiver application form
provided by NMFS, signed and dated by
an authorized representative of the first
receiver. To be considered complete, the
form must also be notarized.
*
*
*
*
*
(iii) * * *
(A) Catch monitoring plan review
process. NMFS will accept a catch
monitoring plan if it includes all the
required elements specified in
paragraph (f)(3)(iii)(C) of this section
and conforms with the actual operations
and layout at the site. A site inspection
is required for new first receiver site
licenses. For re-registration of an
existing first receiver site license, the
site must be inspected at least once
every three years or more frequently, as
deemed necessary by NMFS, or by a
NMFS designated representative. If
NMFS does not accept a catch
monitoring plan for any reason, a new
or revised catch monitoring plan may be
required of the first receiver.

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(B) Arranging a site inspection. After
receiving a complete application for a
first receiver site license, if a site
inspection is required, NMFS will
contact the applicant to schedule a site
inspection. A complete application for a
first receiver site license must include
the proposed catch monitoring plan.
NMFS may request a representative of
the first receiver to be at the site at the
time of inspection. If the requested
representative of the first receiver is not
made available for the inspection, the
site inspection may be postponed until
the requested representative of the first
receiver is made available.
(C) * * *
(12) Applicant contact. Print the name
of the first receiver, physical location of
the first receiver, name and phone
number of the applicant, and the date of
the application. The applicant must sign
the catch monitoring plan.
(D) Catch monitoring plan acceptance
period and changes. NMFS will accept
a catch monitoring plan if it includes
the required elements specified in
paragraph (f)(3)(iii)(C) of this section
and conforms with the actual operations
and layout at the site. For the first
receiver site license to remain in effect,
the owner or manager must notify
NMFS in writing of any and all changes
made in IFQ first receiver operations or
layout that do not conform to the catch
monitoring plan.
*
*
*
*
*
(5) Effective dates. The first receiver
site license is valid from the effective
date identified on the license until June
30, or until the state license required by
paragraph (f)(2)(i) of this section is no
longer effective, whichever occurs first.
A first receiver site license may not be
valid for more than 365 days.
(6) Re-registration of FRSL in
subsequent years. Existing first receiver
site license holders must reapply
annually by following the application
process specified in paragraph (f)(3) of
this section. If the existing license
holder fails to reapply, the first receiver
site license will expire as specified in
paragraph (f)(5) of this section. For
existing first receiver site license
holders to continue to receive IFQ
landings without a lapse in the
effectiveness of their first receiver site
license, the following re-registration
deadlines apply:
(i) NMFS will mail a first receiver site
license application to existing license
holders on or about February 1 each
year.
(ii) Applicants who want to have their
new license effective for July 1 must
submit their complete re-registration
application to NMFS by April 15. For

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those first receiver site license holders
who do not submit a complete reregistration application by April 15,
NMFS may not be able to issue the new
license by July 1 of that calendar year,
and will issue the new license as soon
as practicable.
*
*
*
*
*
(j) * * *
(2) * * *
(viii) Pacific whiting. For Pacific
Whiting taken with midwater trawl gear,
IFQ first receivers may use an in-line
conveyor or hopper type scale to derive
an accurate total catch weight prior to
sorting. Immediately following weighing
of the total catch and prior to processing
or transport away from the point of
landing, the catch must be sorted to the
species groups specified at § 660.130(d)
and all incidental catch (groundfish and
non groundfish species) must be
accurately weighed and the weight of
incidental catch deducted from the total
catch weight to derive the weight of a
single predominant species.
(ix) * * *
(B) An in-line conveyor or automatic
hopper scale may be used to weigh the
single predominant species after catch
has been sorted. Other species must be
weighed in a manner that facilitates
tracking of the weights of those species.
*
*
*
*
*
■ 10. In § 660.150, revise paragraphs
(c)(7)(i), (d)(1)(iii)(A)(1)(i), and
(g)(2)(iv)(D) to read as follows:
§ 660.150

Mothership (MS) Coop Program.

*

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

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(2) * * *
(iv) * * *
(D) A limited entry trawl permit
owner with multiple MS/CVendorsements and associated CHA on a
single permit may assign each distinct
MS/CV endorsement and catch history
assignment separately to coop(s) or the
non-coop fishery. In such cases, as part
of the coop permit application process,
specified at paragraph (d)(1)(iii) of this
section, the permit owner must specify
on the coop permit application form
which MS/CV endorsement and
associated CHA is specifically registered
to a particular coop.
*
*
*
*
*
■ 11. In § 660.213, revise paragraph
(d)(2) to read as follows:
§ 660.213 Fixed gear fishery—
recordkeeping and reporting.

*
*
*
*
(d) * * *
(2) For participants in the sablefish
primary season, the cumulative limit
period to which this requirement
applies is April 1 through October 31 or,

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for an individual vessel owner, when
the tier limit for the permit(s) registered
to the vessel has been reached,
whichever is earlier.
■ 12. In § 660.216, revise paragraph
(a)(1) to read as follows:
§ 660.216 Fixed gear fishery—observer
requirements.

(a) * * *
(1) When NMFS notifies the vessel
owner, operator, or the manager of a
catcher vessel, specified at § 660.16(c),
of any requirement to carry an observer,
the catcher vessel may not be used to
fish for groundfish without carrying an
observer.
*
*
*
*
*
■ 13. In § 660.231, revise paragraph
(b)(1) to read as follows:
§ 660.231 Limited entry fixed gear
sablefish primary fishery.

*

*
*
*
*
(b) * * *
(1) Season dates. North of 36° N. lat.,
the sablefish primary season for the
limited entry, fixed gear, sablefish-

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endorsed vessels begins at 12 noon local
time on April 1 and closes at 12 noon
local time on October 31, or closes for
an individual vessel owner when the
tier limit for the permit(s) registered to
the vessel has been reached, whichever
is earlier, unless otherwise announced
by the Regional Administrator through
the routine management measures
process described at § 660.60(c).
*
*
*
*
*
■ 14. In § 660.316, revise paragraph
(a)(1) to read as follows:
§ 660.316 Open access fishery—observer
requirements.

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

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