50 CFR Part 679

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Part 679 (June 24, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter VI —Fishery Conservation and Management, National Oceanic and Atmospheric
Administration, Department of Commerce

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR Part 679 (June 24, 2024)

Part 679 Fisheries of the Exclusive Economic Zone off Alaska
Subpart A General
§ 679.1 Purpose and scope.
§ 679.2 Definitions.
§ 679.3 Relation to other laws.
§ 679.4 Permits.
§ 679.5 Recordkeeping and reporting (R&R).
§ 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 Sablefish and halibut QS.
§ 679.41 Transfer of quota shares and IFQ.
§ 679.42 Limitations on use of QS and IFQ.
§ 679.43 Determinations and appeals.
§ 679.44 Penalties.
§ 679.45 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.
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§ 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 Additional Equipment and Operational Requirements for Motherships
and Catcher/Processors
§ 679.100 Longline Catcher/Processor Subsector.
§ 679.101 Catcher/processors using pot gear for groundfish fishing.
§ 679.102 Halibut deck sorting.
Subpart J Salmon Fishery Management
§ 679.110 Applicability.
§§ 679.111-679.113 [Reserved]
§ 679.114 Permits.
§ 679.115 Recordkeeping and reporting.
§ 679.116 [Reserved]
§ 679.117 Salmon fisheries prohibitions.
§ 679.118 Management measures.
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§ 679.119 Recreational salmon fisheries.
Subpart K [Reserved]
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)
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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
Cook Inlet EEZ Area
Figure 23 to Part 679
Salmon Management Area (see § 679.2)
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
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Modified Nonpelagic Trawl Gear
Table 1a to Part 679
Delivery Condition* and Product Codes
Table 1b to Part 679
Discard and Disposition Codes 1
Table 1c to Part 679
Product Type Codes
Table 2a to Part 679
Species Codes: FMP Groundfish
Table 2b to Part 679
Species Codes: 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: Non-FMP 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 Longline
Catcher/Processor Subsector, Column A. X Indicates Whether
Column B or Column C Applies.
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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 1, Alaska
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,
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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
Table 31 to Part 679
List of Amendment 80 Vessels and LLP Licenses Originally
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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
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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 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 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
Table 57 to Part 679
Groundfish LLP Licenses With Bering Sea or Aleutian Islands
Area and Catcher/Processor Operation Endorsements Eligible for
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a BSAI Pacific Cod Trawl Mothership Endorsement
Table 58 to Part 679
Amendment 80 Sector Annual BSAI Pacific Halibut PSC Limits

PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
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.
Regulations 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.

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50 CFR 679.1(d)(1)(ii)

(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 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 and commercial and recreational fishing for salmon in the Cook Inlet EEZ 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 according to the
requirements of the AFA and the Consolidated Appropriations Act of 2004. This part also governs
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50 CFR 679.1(l)

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.
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).
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50 CFR 679.2 “AFA crab processing facility”

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 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,

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Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Affiliation for the purpose of defining AFA,
Rockfish Program, and PCTC Program” (1)

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 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

50 CFR 679.2 “Affiliation for the purpose of defining AFA, Rockfish Program, and PCTC Program” (3)(viii)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Affiliation for the purpose of defining AFA,
Rockfish Program, and PCTC Program” (3)(ix)

(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, 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.

50 CFR 679.2 “Aleutian Islands pollock equivalent pounds” (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Aleutian Islands pollock fee liability”

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 ex-vessel 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).
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:
(1) Was made in compliance with state and Federal regulations in effect at that time; and
50 CFR 679.2 “Amendment 80 legal landing” (1) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.2 “Amendment 80 legal landing” (2)

(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 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.

50 CFR 679.2 “Amendment 80 QS pool” (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.2 “Amendment 80 QS unit”

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).

50 CFR 679.2 “Arctic Management Area” (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Area endorsement”

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 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. 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.
50 CFR 679.2 “Area/species endorsement” (7) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Associated processor”

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 tax-exempt hunger relief agencies, food 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.

50 CFR 679.2 “Authorized fishing gear” (6) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.2 “Authorized fishing gear” (7)

(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, non-buoyed, non-anchored line with hooks attached, or the taking of fish by
means of such a device.
(9) Longline gear means hook-and-line, 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;
(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 netsounder 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
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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.2 “Authorized fishing gear” (14)(x)

(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-and-line 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 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 hook-and-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;
50 CFR 679.2 “Authorized officer” (1) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.2 “Authorized officer” (2)

(2) Any special agent or fishery enforcement officer of NMFS;
(3) Any officer designated by the head of any Federal or state agency that has entered into an agreement
with the Secretary and the Commandant of the USCG to enforce the provisions of the MagnusonStevens 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).
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50 CFR 679.2 “Bycatch Limitation Zone 2 (Zone 2)”

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.
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.
50 CFR 679.2 “CDQ fee percentage” (enhanced display)

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50 CFR 679.2 “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.
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.
(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:
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50 CFR 679.2 “Community quota entity (CQE)” (1)

(1) Did not exist prior to April 10, 2002;
(2) Represents at least one eligible community that is listed in Table 21 of this part; and,
(3) Has been approved by the Regional Administrator to obtain by transfer and hold QS, and to lease IFQ
resulting from the QS on behalf of an eligible community; and
(4) Must be the Adak Community Entity as defined at § 680.2 if that non-profit organization represents
the eligible community of Adak, AK.
Conviction, 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
50 CFR 679.2 “Crab species” (enhanced display)

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50 CFR 679.2 “Crab species license”

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 observer completes all debriefing responsibilities.
Daily bag limit means the maximum number of salmon a person may retain in any calendar day from
recreational fishing in the Cook Inlet EEZ Area.
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-on-one 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 designated 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:

50 CFR 679.2 “Directed fishing” (enhanced display)

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50 CFR 679.2 “Directed fishing” (1)

(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 §§ 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.
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Eligible applicant”

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 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;

50 CFR 679.2 “Eligible community means” (3)(i) (enhanced display)

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50 CFR 679.2 “Eligible community means” (3)(ii)

(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 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).
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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.2 “Federal waters”

Federal waters means waters within the EEZ off Alaska (see also reporting area).
Federally permitted vessel means a vessel that is named on a Federal fisheries permit issued pursuant to §
679.4(b), a Salmon Federal Fisheries Permit issued pursuant to § 679.114(b), or 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, 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) and (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.

50 CFR 679.2 “Fishing trip” (1)(i)(E) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.2 “Fishing trip” (1)(ii)

(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.
(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.
(7) For purposes of subpart J of this part, the period beginning when a vessel operator commences
commercial fishing for any salmon species in the Cook Inlet EEZ Area and ending when the vessel
operator offloads or transfers any unprocessed salmon species from that vessel.
Fishing year 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.
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Food bank distributor”

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).
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 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 § 679.102.
Harvesting or to harvest means the catching and retaining of any fish.
Harvest zone codes (see Table 8 to this part).
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Haul”

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
disadvantaged 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.
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.

50 CFR 679.2 “IFQ halibut” (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “IFQ landing”

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
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.
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Indictment”

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 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 non-Amendment 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.
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Legal landing of halibut or sablefish”

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 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.

50 CFR 679.2 “Maximum LOA (MLOA)” (1)(ii) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Maximum LOA (MLOA)” (2)

(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).

(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 hookand-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.)
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.

50 CFR 679.2 “NMFS Alaska Region website” (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “NMFS investigator”

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
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Official License Limitation Program (LLP)
record”

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 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 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.
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “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 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.
Possession limit means the maximum number of unprocessed salmon a person may possess from recreational
fishing in the Cook Inlet EEZ Area.
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 long-term 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.
50 CFR 679.2 “Program Administrator, RAM” (enhanced display)

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50 CFR 679.2 “Prohibited species”

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:
(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.

50 CFR 679.2 “Recreational Fishing Quota (RFQ)” (enhanced display)

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50 CFR 679.2 “Recreational Quota Entity (RQE)”

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.
Registered Salmon Receiver means a person holding a Registered Salmon Receiver Permit issued by NMFS.
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:
(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.
50 CFR 679.2 “Rockfish cooperative” (enhanced display)

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50 CFR 679.2 “Rockfish CQ”

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 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:
50 CFR 679.2 “Rockfish Program species” (enhanced display)

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50 CFR 679.2 “Rockfish Program species” (1)

(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 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.

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Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.2 “Round-weight equivalent”

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 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 figures 22 and 23 to part 679) under
the authority of the Salmon FMP. The Salmon Management Area is divided into three areas: the East Area,
the West Area, and the Cook Inlet EEZ Area:
(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), but excludes the Cook
Inlet EEZ Area, Prince William Sound Area, and the Alaska Peninsula Area. The Prince William Sound
Area and the Alaska Peninsula Area are shown in figure 23 to this part and described as:
(i)

The Prince William Sound Area means the EEZ shoreward of a line that starts at 60°16.8′ N and
146°15.24′ W and extends southeast to 59°42.66′ N and 144°36.20′ W and a line that starts at
59°43.28′ N and 144°31.50′ W and extends northeast to 59°56.4′ N and 143°53.6′ W.

(ii) The Alaska Peninsula Area means the EEZ shoreward of a line at 54°22.5′ N from 164°27.1′ W
to 163°1.2′ W and a line at 162°24.05′ W from 54°30.1′ N to 54°27.75′ N.
(3) The Cook Inlet EEZ Area, shown in figure 22 to this part, means the EEZ of Cook Inlet north of a line
at 59°46.15′ N.
Salmon shoreside processor means any person or vessel that receives, purchases, or arranges to purchase, and
processes unprocessed salmon harvested in the Cook Inlet EEZ Area, except a Registered Salmon
Receiver.
Scallop(s) means any species of the family Pectinidae, including, without limitation, weathervane scallops
(Patinopectin caurinus).
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50 CFR 679.2 “Scallop license”

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

50 CFR 679.2 “Stationary floating processor (SFP)” (1) (enhanced display)

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50 CFR 679.2 “Stationary floating processor (SFP)” (2)

(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 four-sided 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.
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:
(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.
50 CFR 679.2 “Ten percent or greater direct or indirect ownership interest for purposes of the Amendment 80

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50 CFR 679.2 “Ten percent or greater direct or indirect
ownership interest for purposes of the Amendment 80
Program” (3)

(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
(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).

50 CFR 679.2 “Unrestricted AFA inshore processor” (enhanced display)

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50 CFR 679.2 “Unsorted codend”

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)).
Waters of Cook Inlet means, for the purposes of §§ 679.28(f)(6)(x) and 679.117(b)(1)(xiv), all Federal waters
and Alaska State waters north of a line from Cape Douglas (58°51.10′ N) to Point Adam (59°15.27′ N).
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., 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).

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50 CFR 679.2 “West Yakutat District”

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
subpart 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 recreational fishery
in the East Area of the Salmon Management Area, defined at § 679.2, is delegated to the State of Alaska.
Regulations governing the commercial drift gillnet salmon fishery and recreational salmon fishery in the
Cook Inlet EEZ Area, defined at § 679.2, are set forth in subpart J of this part.
(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; 89 FR 34758, Apr. 30, 2024]

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.4

§ 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:

For more
information, see
...

(i) IFQ:
(A) Registered buyer

Until expiration date shown on permit

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

(B) Halibut & sablefish
permits

Specified fishing year

Paragraph (d)(1)
of this section

(C) Halibut & sablefish
hired master permits

Specified fishing year

Paragraph (d)(2)
of this section

(A) Halibut permit

Specified fishing year

Paragraph (e) of
this section

(B) Halibut hired master
permit

Specified fishing year

Paragraph (e) of
this section

(A) Catcher/processor

Indefinite unless permit is revoked after vessel is replaced
or permit is suspended after vessel is lost

Paragraph (l) of
this section

(B) Catcher vessel

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

Paragraph (l) of
this section

(C)Mothership

Indefinite unless permit is revoked after vessel is replaced
or permit is suspended after vessel is lost

Paragraph (l) of
this section

(D) Inshore processor

Indefinite

Paragraph (l) of
this section

(E) Inshore cooperative

Calendar year

Paragraph (l) of
this section

(A) Federal fisheries

Until expiration date shown on permit

Paragraph (b) of
this section

(B) Federal processor

Until expiration date shown on permit

Paragraph (f) of
this section

5 years

§ 300.10 of this
title

(ii) CDQ Halibut

(iii) AFA:

(iv) Groundfish:

(v) [Reserved]
(vi) High Seas Fishing
Compliance Act (HSFCA)
(vii) License Limitation
50 CFR 679.4(a)(1) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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If program permit or card
type is:

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

50 CFR 679.4(a)(1)

For more
information, see
...

Program (LLP):
(A) Groundfish license

Specified fishing year or interim (active until further notice)

Paragraph (k) of
this section

(B) Crab license

Specified fishing year or interim (active until further notice)

Paragraph (k) of
this section

(C) Scallop license

Indefinite

Paragraph (g) of
this section

(viii) Exempted fisheries

1 year or less

§ 679.6

(ix) Research

1 year or less

§ 600.745(a) of
this chapter

(A) Salmon

3 years

§ 679.26

(B) Halibut

3 years

§ 679.26

(A) Community Harvest
Permit

1 year

§ 300.65 of this
title

(B) Ceremonial or
Educational Permit

30 days

§ 300.65 of this
title

(A) Rockfish QS

Indefinite

§ 679.80(a).

(B) CQ

Until expiration date shown on permit

Paragraph (n) of
this section.

(A) Amendment 80 QS
permit

Indefinite

§ 679.90(b).

(B) CQ permit

Specified fishing year

§ 679.91(b).

(C) Amendment 80
limited access fishery

Specified fishing year

§ 679.91(b).

(xiv) Crab Rationalization
Program permits

see § 680.4 of this chapter

§ 680.4 of this
chapter

(A) Crab Quota Share
permit

Indefinite

§ 680.4(b) of this
chapter

(B) Crab Processor
Quota Share permit

Indefinite

§ 680.4(c) of this
chapter

(C) Crab Individual
Fishing Quota (IFQ)
permit

Specified fishing year

§ 680.4(d) of this
chapter

(D) Crab Individual

Specified fishing year

§ 680.4(e) of this

(x) Prohibited species
donation program:

(xi) Special Subsistence
Permits:

(xii) Rockfish Program:

(xiii) Amendment 80
Program:

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

If program permit or card
type is:

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

Processor Quota (IPQ)
permit

50 CFR 679.4(a)(2)

For more
information, see
...
chapter

(E) Crab IFQ hired
master permit

Specified fishing year

§ 680.4(g) of this
chapter

(F) Registered Crab
receiver permit

Specified fishing year

§ 680.4(i) of this
chapter

(G) Federal crab vessel
permit

Specified fishing year

§ 680.4(k) of this
chapter

(H) Crab harvesting
cooperative IFQ permit

Specified fishing year

§ 680.21(b) of
this chapter

(A) Charter halibut permit

Until expiration date shown on permit

§ 300.67 of this
title.

(B) Community charter
halibut permit

Indefinite

§ 300.67 of this
title.

(C) Military charter
halibut permit

Indefinite

§ 300.67 of this
title.

(D) Guided Angler Fish
(GAF) permit

Until expiration date shown on permit

§ 300.65 of this
title.

(A) PCTC Program QS
permit (for
processors)

10 Years

Paragraph (q) of
this section.

(B) PCTC Program CQ
permit

Until expiration date shown on permit

Paragraph (q) of
this section

(xv) Guided sport halibut
fishery permits:

(xvi) PCTC Program:

(2) Permit and logbook required by participant and fishery. For the various types of permits issued, refer
to § 679.5 for recordkeeping and reporting requirements. For subsistence 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.

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50 CFR 679.4(a)(3)(iii)

(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
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 MagnusonStevens 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.

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.4(b)(1)(ii)

(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, 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 three-year 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.

50 CFR 679.4(b)(3)(iii)(A) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.4(b)(3)(iii)(B)

(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 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]

50 CFR 679.4(c) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.4(d)

(d) IFQ permits, IFQ hired master permits, and Registered Buyer permits. The permits described in this section
are required in addition to the permit and licensing requirements prescribed in the annual management
measures published in the FEDERAL REGISTER pursuant to § 300.62 of this title and in the permit
requirements of this section.
(1) IFQ permit.
(i)

An IFQ permit authorizes the person identified on the permit to harvest IFQ halibut or IFQ
sablefish from a specified IFQ regulatory area at any time during an open fishing season during
the fishing year for which the IFQ permit is issued until the amount harvested is equal to the
amount specified under the permit, or until the permit is revoked, suspended, surrendered in
accordance with paragraph (a)(9) of this section, or modified under 15 CFR part 904.

(ii) A legible copy of any IFQ permit that specifies the IFQ regulatory area and vessel length overall
from which IFQ halibut or IFQ sablefish may be harvested by the IFQ permit holder must be
carried on board the vessel used by the permitted person to harvest IFQ halibut or IFQ sablefish
at all times that such fish are retained on board.
(iii) An IFQ permit may be voluntarily surrendered in accordance with paragraph (a)(9) of this
section. An annual IFQ permit will not be reissued in the same fishing year in which it was
surrendered, but a new annual IFQ permit may be issued to the quota share holder of record in
a subsequent fishing year.
(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 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.
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

(i)

50 CFR 679.4(d)(3)(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.
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50 CFR 679.4(d)(7)

(7) Validity. An IFQ permit issued under this part is valid only if the IFQ permit holder has paid all IFQ
fees that are due as a result of final agency action as specified in §§ 679.45 and 679.5(l)(7)(ii).
(e) Halibut CDQ permits and CDQ hired master permits —
(1) Requirements.
(i)

The CDQ group, the operator of the vessel, the manager of a shoreside processor or stationary
floating processor, and the 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 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.

50 CFR 679.4(f)(2) (enhanced display)

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(i)

50 CFR 679.4(f)(2)(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.

(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.
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50 CFR 679.4(f)(3)(iii)(D)

(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.
(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.
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50 CFR 679.4(g)(4)

(4) Application for a scallop license —
(i)

General. The Regional Administrator will issue a scallop license to an applicant if a complete
application is submitted by or on behalf of the applicant during the specified application period,
and if that applicant meets all the criteria for eligibility in this part. An application that is
postmarked or hand delivered after the ending date for the application period for the scallop
LLP specified in paragraph § 679.4(g)(4)(ii) will be denied. An application form will be sent to
the last known address of the person identified as an eligible applicant by the official LLP
record. An application form may be requested from the Regional Administrator.

(ii) Application Period. January 16, 2001, through February 12, 2001.
(iii) Contents of application. To be complete, an application for a scallop license must be signed
and dated by the applicant, or the individual representing the applicant, and contain the
following information, as applicable:
(A) Scallop Moratorium Permit number under which legal landings of scallops were made
during the qualification period specified in paragraph (g)(2)(iii) of this section;
(B) Name, business address, telephone number, FAX number, and social security number or
tax ID number of the applicant, and whether the applicant is a U.S. citizen or a U.S.
business;
(C) Name of the managing company, if any;
(D) Evidence of legal landings in the qualifying years and registration areas;
(E) For the vessel(s) being used as the basis for eligibility for a license, the name, state
registration number (e.g., ADF&G number), the USCG documentation number, and valid
evidence of the LOA on February 8, 1999, of the longest vessel used by the applicant
during the qualification period specified in paragraph (g)(2)(iii) of this section.
(iv) Successor-in-interest. If an applicant is applying as the successor-in-interest to an eligible
applicant, an application, to be complete, also must contain valid evidence proving the
applicant's status as a successor-in-interest to that eligible applicant and:
(A) Valid evidence of the death of that eligible applicant at the time of application, if the
eligible applicant was an individual; or
(B) Valid evidence that the eligible applicant is no longer in existence at the time of
application, if the eligible applicant is not an individual.
(v) Application evaluation. The Regional Administrator will evaluate an application submitted during
the specified application period and compare all claims in the application with the information
in the official LLP record. Claims in the application that are consistent with information in the
official LLP record will be accepted by the Regional Administrator. Inconsistent claims in the
application, unless verified by evidence, will not be accepted. An applicant who submits
inconsistent claims, or an applicant who fails to submit the information specified in paragraphs
(g)(4)(iii) and (g)(4)(iv) of this section, will be provided a 60-day evidentiary period pursuant to
paragraph (g)(4)(vii) of this section to submit the specified information, submit evidence to
verify his or her inconsistent claims, or submit a revised application with claims consistent with

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50 CFR 679.4(g)(4)(vi)

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 non-transferable 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 non-transferable license will expire upon final agency
action.
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50 CFR 679.4(g)(5)

(5) Transfer of a Scallop License —
(i)

General. The Regional Administrator will approve the transfer of a scallop license if a complete
transfer application is submitted to Restricted Access Management, Alaska Region, NMFS, and
if the transfer meets all the eligibility criteria as specified in paragraph (g)(5)(ii) of this section.
An application form may be requested from the Regional Administrator.

(ii) Eligibility criteria for transfers. A scallop license can be transferred if:
(A) The designated transferee is eligible to document a fishing vessel under Chapter 121, Title
46, U.S.C.;
(B) The parties to the transfer do not have any fines, civil penalties, other payments due and
outstanding, or outstanding permit sanctions resulting from Federal fishing violations;
(C) The transfer will not cause the designated transferee to exceed the license limit in §
679.7(i); and
(D) The transfer does not violate any other provision specified in this part.
(iii) Contents of transfer application. To be complete, an application for a scallop license transfer
must be signed by the license holder and the designated transferee, or the individuals
representing them, and contain the following information, as applicable:
(A) Name, business address, telephone number, and FAX number of the license holder and of
the designated transferee;
(B) License number and total price being paid for the license;
(C) Certification that the designated transferee is a U.S. citizen, or a U.S. corporation,
partnership, or other association;
(D) A legible copy of a contract or sales agreement that specifies the license to be transferred,
the license holder, the designated transferee, the monetary value or the terms of the
license transfer; and
(E) Other information the Regional Administrator deems necessary for measuring program
performance.
(iv) Incomplete applications. The Regional Administrator will return an incomplete transfer
application to the applicant and identify any deficiencies if the Regional Administrator
determines that the application does not meet all the criteria identified in paragraph (g)(5) of
this section.
(v) Transfer by court order, operation of law, or as part of a security agreement. The Regional
Administrator will transfer a scallop license based on a court order, operation of law, or a
security agreement if the Regional Administrator determines that the transfer application is
complete and the transfer will not violate any of the provisions of this section.
(h) [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 —
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50 CFR 679.4(k)(1)

(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;

(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

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(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.
(D) Modification of the MLOA on a groundfish LLP license listed in column A of Table 9 to this
part.

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50 CFR 679.4(k)(3)(i)(D)(1)

(1) Each groundfish LLP license endorsed to catch and process Pacific cod with hookand-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 hookand-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 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.

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(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 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 nontrawl 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 non-trawl to trawl.
(F) Definitions of non-trawl gear and significant financial investment.
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50 CFR 679.4(k)(3)(iv)(F)(1)

(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:

A groundfish
license will be
assigned...

if the requirements
found in the table at §
679.4(k)(4)(ii) are met
for the area
endorsement and at
least one documented
harvest of license
limitation groundfish
was caught and
retained in...

during the period...

(A) One or more
area
endorsements in
the table at §
679.4(k)(4)(ii)(A)
or (B)

the BSAI or waters (1) Beginning January 1, 1988, through June 27, 1992; or
shoreward of the BSAI (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.

(B) One or more
area
endorsements in
the table at §
679.4(k)(4)(ii)(C)

the GOA or in waters (1) Beginning January 1, 1988, through June 27, 1992; or
shoreward of the GOA (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

50 CFR 679.4(k)(4)(i) (enhanced display)

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Fisheries of the Exclusive Economic Zone off Alaska

A groundfish
license will be
assigned...

50 CFR 679.4(k)(4)(ii)

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...

through (O)

during the period...

(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

if...

during
the
period...

in...

from a
and that
vessel
meets the
in vessel
requirements
length
for a...
category...

at least one
documented harvest
of any amount of
license limitation
groundfish was
made

beginning the Aleutian Islands
January
Subarea or in waters
1, 1992,
shoreward of that area
through
June 17,
1995

“A”, “B”, or
“C”

catcher/
processor
designation
or a catcher
vessel
designation.

(B) A Bering at least one
Sea area
documented harvest
endorsement of any amount of
license limitation
groundfish was
made

beginning the Bering Sea Subarea
January
or in waters shoreward
1, 1992,
of that area
through
June 17,
1995

“A”, “B”, or
“C”

catcher/
processor
designation
or a catcher
vessel
designation.

(C) A
Western Gulf
area
endorsement

at least one
documented harvest
of any amount of
license limitation
groundfish was
made in each of any
two calendar years

beginning
January
1, 1992,
through
June 17,
1995

“A”

catcher/
processor
designation
or a catcher
vessel
designation;
or

(D) A

at least one

beginning the Western Area of the

“B”

catcher

50 CFR 679.4(k)(4)(ii) (enhanced display)

the Western GOA
regulatory area or in
waters shoreward of
that area

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Fisheries of the Exclusive Economic Zone off Alaska

A groundfish
license will
be
assigned...

if...

50 CFR 679.4(k)(4)(ii)

during
the
period...

in...

from a
and that
vessel
meets the
in vessel
requirements
length
for a...
category...

Western Gulf documented harvest
area
of any amount of
endorsement license limitation
groundfish was
made

January
1, 1992,
through
June 17,
1995

Gulf of Alaska or in
waters shoreward of
that area

(E) A
Western Gulf
area
endorsement

at least one
documented harvest
of any amount of
license limitation
groundfish was
made in each of any
two calendar years

beginning
January
1, 1992,
through
June 17,
1995

the Western Area of the
Gulf of Alaska or in
waters shoreward of
that area

“B”

catcher/
processor
vessel
designation;
or

(F) A
Western Gulf
area
endorsement

at least four
documented harvest
of any amount of
license limitation
groundfish were
made

beginning
January
1, 1995,
through
June 17,
1995

the Western Area of the
Gulf of Alaska or in
waters shoreward of
that area

“B”

catcher/
processor
vessel
designation;
or

(G) A
Western Gulf
area
endorsement

at least one
documented harvest
of any amount of
license limitation
groundfish was
made

beginning
January
1, 1992,
through
June 17,
1995

the Western Area of the
Gulf of Alaska or in
waters shoreward of
that area

“C”

catcher/
processor
designation
or a catcher
vessel
designation.

(H) A Central at least one
Gulf area
documented harvest
endorsement of any amount of
license limitation
groundfish was
made in each of any
two calendar years

beginning
January
1, 1992,
through
June 17,
1995

the Central area of the
Gulf of Alaska or in
waters shoreward of
that area, or in the West
Yakutat District or in
waters shoreward of
that district

“A”

catcher/
processor
designation
or a catcher
vessel
designation;
or

(I) A Central at least one
Gulf area
documented harvest
endorsement of any amount of
license limitation
groundfish was
made in each of any
two calendar years

beginning
January
1, 1992,
through
June 17,
1995

the Central area of the
Gulf of Alaska or in
waters shoreward of
that area, or in the West
Yakutat District or in
waters shoreward of
that district

“B”

catcher/
processor
designation
or a catcher
vessel
designation;
or

(J) A Central at least four
Gulf area
documented harvest
endorsement of any amount of
license limitation
groundfish were

beginning
January
1, 1995,
through
June 17,

the Central area of the
Gulf of Alaska or in
waters shoreward of
that area, or in the West
Yakutat District or in

“B”

catcher/
processor
designation
or a catcher
vessel

50 CFR 679.4(k)(4)(ii) (enhanced display)

vessel
designation;
or

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Fisheries of the Exclusive Economic Zone off Alaska

A groundfish
license will
be
assigned...

if...

made

50 CFR 679.4(k)(4)(iii)

during
the
period...

in...

from a
and that
vessel
meets the
in vessel
requirements
length
for a...
category...

1995

waters shoreward of
that district

designation;
or

(K) A Central at least one
Gulf area
documented harvest
endorsement of any amount of
license limitation
groundfish was
made

beginning
January
1, 1992,
through
June 17,
1995

the Central area of the
Gulf of Alaska or in
waters shoreward of
that area, or in the West
Yakutat District or in
waters shoreward of
that district

“C”

catcher/
processor
designation
or a catcher
vessel
designation.

(L) A
Southeast
Outside area
endorsement

at least one
documented harvest
of any amount of
license limitation
groundfish was
made in each of any
two calendar years

beginning
January
1, 1992,
through
June 17,
1995

in the Southeast
Outside District or in
waters shoreward of
that district

“A”

catcher/
processor
designation
or a catcher
vessel
designation;
or

(M) A
Southeast
Outside area
endorsement

at least one
documented harvest
of any amount of
license limitation
groundfish was
made in each of any
two calendar years

beginning
January
1, 1992,
through
June 17,
1995

in the Southeast
Outside District or in
waters shoreward of
that district

“B”

catcher/
processor
designation
or a catcher
vessel
designation;
or

(N) A
Southeast
Outside area
endorsement

at least four
documented harvest
of any amount of
license limitation
groundfish were
made

beginning
January
1, 1995,
through
June 17,
1995

in the Southeast
Outside District or in
waters shoreward of
that district

“B”

catcher/
processor
designation
or a catcher
vessel
designation;
or

(O) A
Southeast
Outside area
endorsement

at least one
documented harvest
of any amount of
license limitation
groundfish was
made

beginning
January
1, 1992,
through
June 17,
1995

in the Southeast
Outside District or in
waters shoreward of
that district

“C”

catcher/
processor
designation
or a catcher
vessel
designation.

(iii) An eligible applicant that is issued a groundfish license based on a vessel's qualifications in the
table at paragraphs (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of this section must choose only one area
endorsement for that groundfish license even if documented harvests qualifies the eligible
applicant for more than one area endorsement.

50 CFR 679.4(k)(4)(iii) (enhanced display)

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50 CFR 679.4(k)(4)(iv)

(iv) Notwithstanding the provisions in paragraph (k)(4)(i) of this section, NMFS will issue a
groundfish license with the appropriate area endorsements to an eligible applicant whose
vessel meets the requirements in the table at paragraph (k)(4)(i)(A) of this section, and the
requirements in the table at any of the paragraphs (k)(4)(ii)(C) through (O) of this section,
except:
(A) From whose vessel no documented harvests were made in the GOA or waters shoreward
of the GOA during the period beginning January 1, 1988, through June 27, 1992, and
(B) From whose vessel no documented harvests were made in the BSAI or waters shoreward
of the BSAI during the period beginning January 1, 1992, through June 17, 1995.
(v) Notwithstanding the provisions in paragraph (k)(4)(i) of this section, a groundfish license with
the appropriate area endorsements will be issued to an eligible applicant whose vessel meets
the requirements in the tables at paragraphs (k)(4)(i) and (k)(4)(ii) and (A) or (B) of this section,
except:
(A) From whose vessel no documented harvests were made in the BSAI or waters shoreward
of the BSAI during the period beginning January 1, 1988, through June 27, 1992, and
(B) From whose vessel no documented harvests were made in the GOA or waters shoreward
of the GOA during the period beginning January 1, 1992, through June 17, 1995.
(vi) Trawl gear designation recent participation requirements.
(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.
(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;
50 CFR 679.4(k)(4)(vii)(B)(1) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.4(k)(4)(vii)(B)(2)

(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 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 nonAFA 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;
50 CFR 679.4(k)(4)(ix)(B)(2) (enhanced display)

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Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.4(k)(4)(ix)(B)(3)

(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.

50 CFR 679.4(k)(4)(x)(C) (enhanced display)

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Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.4(k)(4)(x)(D)

(D) The Regional Administrator will specify by letter a 30-day evidentiary period during which
an applicant may provide additional information or evidence to amend or challenge the
information in the official record. A person will be limited to one 30-day evidentiary period.
Additional information or evidence received after the 30-day evidentiary period specified in
the letter has expired will not be considered for purposes of the initial administrative
determination.
(E) The Regional Administrator will prepare and send an IAD to the applicant following the
expiration of the 30-day evidentiary period if the Regional Administrator determines that
the information or evidence provided by the person fails to support a person's claims and
is insufficient to rebut the presumption that the official record is correct, or if the additional
information, evidence, or revised application is not provided within the time period
specified in the letter that notifies the applicant of his or her 30-day evidentiary period. The
IAD will indicate the deficiencies with the information, or the evidence submitted in
support of the information. The IAD will also indicate which claims cannot be approved
based on the available information or evidence. A person who receives an IAD may appeal
pursuant to § 679.43. A person who avails himself or herself of the opportunity to appeal
an IAD will receive a non-transferable license pending the final resolution of that appeal,
notwithstanding the eligibility of that applicant for some claims based on consistent
information in the official record.
(5) Qualification for a crab species license. 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...
(A) A Pribilof red king
and Pribilof blue king
area/species
50 CFR 679.4(k)(5)(ii) (enhanced display)

if...
at least one
documented harvest
of red king crab or

during the
period...
beginning
January 1,
1993,

in...
the area described in the definition
for a Pribilof red king and Pribilof
blue king area/species
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

A crab species license
will be assigned...

50 CFR 679.4(k)(5)(iii)

if...

during the
period...

in...

endorsement

blue king crab was
made by a vessel

through
December
31, 1994

endorsement at § 679.2.

(B) A Bering Sea and
Aleutian Islands Area
C. opilio and C. bairdi
area/species
endorsement

at least three
documented harvests
of C. opilio and C.
bairdi were made by a
vessel

beginning
January 1,
1992,
through
December
31, 1994

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.

(C) A St. Matthew blue
king area/species
endorsement

at least one
documented harvest
of red king crab or
blue king crab was
made by a vessel

beginning
January 1,
1992,
through
December
31, 1994

the area described in the definition
for a St. Matthew blue king area/
species endorsement at § 679.2.

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

at least three
documented harvests
of brown king crab
were made by a vessel

beginning
January 1,
1992,
through
December
31, 1994

the area described in the definition
for an Aleutian Islands brown king
area/species endorsement at §
679.2.

(E) An Aleutian Islands
red king area/species
endorsement

at least one
documented harvest
of red king crab or
blue king crab was
made by a vessel

beginning
January 1,
1992,
through
December
31, 1994

the area described in the definition
for an Aleutian Islands red king
area/species endorsement at §
679.2.

(F) A Bristol Bay red
king area/species
endorsement

at least one
documented harvest
of red king crab or
blue king crab was
made by a vessel

beginning
January 1,
1991,
through
December
31, 1994

the area described in the definition
for a Bristol Bay red king area/
species endorsement at § 679.2.

(G) A Norton Sound red
king and blue king
area/species
endorsement

at least one
documented harvest
of red king crab or
blue king crab was
made by a vessel

beginning
January 1,
1993,
through
December
31, 1994

the area described in the definition
for a Norton Sound red king and
blue king area/species
endorsement at § 679.2.

(iii) Recent participation period (RPP).
(A) The RPP is the period from January 1, 1996, through February 7, 1998. To qualify for a crab
species license, defined at § 679.2, a person must have made at least one documented
harvest of any amount of LLP crab species from a vessel during the RPP and must have

50 CFR 679.4(k)(5)(iii)(A) (enhanced display)

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Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.4(k)(5)(iii)(B)

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 February 7, 1998, must have
obtained, or entered into a contract to obtain, the LLP qualifying fishing history by 8:36 a.m.
Alaska local time on October 10, 1998,
(v) A qualified person who owned a vessel on June 17, 1995, that met the requirements in
paragraphs (k)(5)(i) and (ii) of this section, but whose vessel was unable to meet requirements
of paragraph (k)(5)(iii) of this section because of unavoidable circumstances (i.e., 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 participating but before January 1, 2000.
50 CFR 679.4(k)(5)(v)(E) (enhanced display)

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50 CFR 679.4(k)(5)(vi)

(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;
(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;

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50 CFR 679.4(k)(6)(iii)(H)

(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 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
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50 CFR 679.4(k)(6)(vi)

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 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 nontransferable 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.
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50 CFR 679.4(k)(6)(x)

(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 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
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50 CFR 679.4(k)(7)(ii)(D)

(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 Island area endorsement as described
under paragraph (k)(7)(viii)(A) of this section, or a crab species license based on a court order,
operation of law, or a security agreement if the Regional Administrator determines that the
transfer application is complete and the transfer will not violate any of the provisions of this
section.
(vi) Voluntary transfer limitation. A groundfish license, Aleutian Island area endorsement as
described under paragraph (k)(7)(viii)(A) of this section, or a crab species license may be
voluntarily transferred only once in any calendar year. A voluntary transfer is a transfer other
than one pursuant to a court order, operation of law, or a security agreement. An application for
transfer that would cause a person to exceed the transfer limit of this provision will not be
approved. A transfer of an Aleutian Island area endorsement as described under paragraph
(k)(7)(viii)(A) of this section to another LLP license, or the transfer of a groundfish license with
an Aleutian Island area endorsement as described under paragraph (k)(7)(viii)(A) of this section
attached to it will be considered to be a transfer of that Aleutian Island area endorsement.
(vii) Request to change the designated vessel.
(A) 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 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
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50 CFR 679.4(k)(7)(viii)(A)(1)

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 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.

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50 CFR 679.4(k)(8)(iii)

(iii) An eligible applicant, who qualifies for a groundfish license or crab species license but whose
vessel on which the eligible applicant's qualification was based was lost or destroyed, will be
issued a license. This license:
(A) Will have the vessel designation of the lost or destroyed vessel.
(B) Cannot be used to conduct directed fishing for license limitation groundfish or to conduct
directed fishing for crab species on a vessel that has an LOA greater than the MLOA
designated on the license.
(iv) A qualified person who owned a vessel on June 17, 1995, that made a documented harvest of
license limitation groundfish, or crab species if applicable, between January 1, 1988, and
February 9, 1992, but whose vessel was unable to meet all the criteria in paragraph (k)(4) of this
section for a groundfish license or paragraph (k)(5) of this section for a crab species license
because of an unavoidable circumstance (i.e., 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 —

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(i)

50 CFR 679.4(k)(9)(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:

If a license
holder's
license has a
...

And the license
holder harvested
Pacific cod in the
BSAI with . . .

Then the license holder
must demonstrate that he
or she harvested at least .
..

In . . .

To receive a
Pacific cod
endorsement
that
authorizes
harvest with
...

(A) Catcher
vessel
designation.

Hook-and-line gear
or jig gear

7.5 mt of Pacific cod in
the BSAI.

In any one of the
years 1995, 1996,
1997, 1998, or 1999

Hook-andline gear.

(B) Catcher
vessel
designation.

Pot gear or jig gear

100,000 lb of Pacific cod
in the BSAI.

In each of any two
Pot gear.
of the years 1995,
1996, 1997, 1998, or
1999

(C) Catcher/
processor
vessel
designation.

Hook-and-line gear

270 mt of Pacific cod in
the BSAI.

In any one of the
years 1996, 1997,
1998, or 1999

Hook-andline gear.

(D) Catcher/
processor
vessel
designation.

Pot gear

300,000 lb of Pacific cod
in the BSAI.

In each of any two
of the years 1995,
1996, 1997, or 1998

Pot gear.

(iii) Explanations for Pacific cod endorsements.
(A) All eligibility amounts in the table at paragraph (k)(9)(ii) of this section will be determined
based on round weight equivalents.
(B) Discards will not count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this
section.
(C) Pacific cod harvested for personal bait use will not count toward eligibility amounts in the
table at paragraph (k)(9)(ii) of this section.
(D) A legal landing of Pacific cod in the BSAI for commercial bait will count toward eligibility
amounts in the table at paragraph (k)(9)(ii) of this section.
(E) Harvests within the BSAI will count toward eligibility amounts in the table at paragraph
(k)(9)(ii) of this section; however, a license holder will only be able to harvest Pacific cod in
the specific areas in the BSAI for which he or she has an area endorsement.

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50 CFR 679.4(k)(9)(iii)(F)

(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.
(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.

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50 CFR 679.4(k)(9)(v)(B)

(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 the basis
of eligibility for the license holder's groundfish license; and
(iii) Unforeseen and reasonably unforeseeable to the license holder.
(2) The circumstance that prevented the license holder from conducting directed fishing
for BSAI Pacific cod in a manner sufficient to meet the landing requirements in
paragraph (k)(9)(ii) actually occurred;
(3) The license holder took all reasonable steps to overcome the circumstance that
prevented the license holder from conducting directed fishing for BSAI Pacific cod in
a manner sufficient to meet the landing requirements in paragraph (k)(9)(ii) of this
section; and
(4) Any amount of Pacific cod was harvested in the BSAI aboard the vessel that was
used as the basis of eligibility for the license holder's groundfish license after the
vessel was prevented from participating by the unavoidable circumstance but before
April 16, 2000.
(10) Pacific cod endorsements in the Western and Central GOA —
(i)

General. In addition to other requirements of this part, and unless specifically exempted in
paragraph (k)(10)(iv) of this section, a license holder must have a Pacific cod endorsement on
his or her groundfish license to conduct directed fishing for Pacific cod in the Western Gulf of
Alaska or Central Gulf of Alaska with hook-and-line gear, pot gear, or jig gear on a vessel using
more than five jig machines, more than one line per machine, and more than 30 hooks per line.
A license holder can only use the specific non-trawl gear(s) indicated on his or her license to
conduct directed fishing for Pacific cod in the Western Gulf of Alaska or Central Gulf of Alaska.

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50 CFR 679.4(k)(10)(ii)

(ii) Eligibility requirements for a Pacific cod endorsement. This table provides eligibility
requirements for Pacific cod endorsements on an LLP groundfish license:

If a license
holder's
license has a *
**

And that
license
has an
MLOA of
***

And the
license
holder
harvested
Pacific
cod with
***

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

To receive a
From
Pacific cod
January
endorsement that
1, 2002,
authorizes
through
harvest in the
December
directed Pacific
8, 2008,
cod fishery with * *
in * * *
*

(A) Catcher
vessel
designation

<60 feet

hook-and- legally landed at least 10
line gear
mt of Pacific cod in the
directed Pacific cod fishery

the
Central
Gulf of
Alaska

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

(B) Catcher
vessel
designation

≥60 feet

hook-and- legally landed at least 50
line gear
mt of Pacific cod in the
directed Pacific cod fishery

the
Central
Gulf of
Alaska

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

(C) Catcher
vessel
designation

<60 feet

hook-and- legally landed at least 10
line gear
mt of Pacific cod in the
directed Pacific cod fishery

the
Western
Gulf of
Alaska

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

(D) Catcher
vessel
designation

≥60 feet

hook-and- legally landed at least 50
line gear
mt of Pacific cod in the
directed Pacific cod fishery

the
Western
Gulf of
Alaska

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

(E) Catcher
vessel
designation

<60 feet

pot gear

legally landed at least 10
mt of Pacific cod in the
directed Pacific cod fishery

the
Central
Gulf of
Alaska

pot gear in the
Central Gulf of
Alaska.

(F) Catcher
vessel
designation

≥60 feet

pot gear

legally landed at least 50
mt of Pacific cod in the
directed Pacific cod fishery

the
Central
Gulf of
Alaska

pot gear in the
Central Gulf of
Alaska.

(G) Catcher
vessel
designation

<60 feet

pot gear

legally landed at least 10
mt of Pacific cod in the
directed Pacific cod fishery

the
Western
Gulf of
Alaska

pot gear in the
Western Gulf of
Alaska.

(H) Catcher
vessel
designation

≥60 feet

pot gear

legally landed at least 50
mt of Pacific cod in the
directed Pacific cod fishery

the
Western
Gulf of
Alaska

pot gear in the
Western Gulf of
Alaska.

(I) Catcher
vessel
designation

any

jig gear

at least one legal landing of
Pacific cod in the directed
Pacific cod fishery

the
Central
Gulf of
Alaska

jig gear in the
Central Gulf of
Alaska.

50 CFR 679.4(k)(10)(ii) (enhanced display)

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And that
license
has an
MLOA of
***

And the
license
holder
harvested
Pacific
cod with
***

(J) Catcher
vessel
designation

any

jig gear

(K) Catcher/
Processor
vessel
designation

any

(L) Catcher/
Processor
vessel
designation

If a license
holder's
license has a *
**

50 CFR 679.4(k)(10)(iii)

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

at least one legal landing of
Pacific cod in the directed
Pacific cod fishery

To receive a
From
Pacific cod
January
endorsement that
1, 2002,
authorizes
through
harvest in the
December
directed Pacific
8, 2008,
cod fishery with * *
in * * *
*
the
Western
Gulf of
Alaska

jig gear in the
Western Gulf of
Alaska.

hook-and- legally landed at least 50
line gear
mt of Pacific cod in the
directed Pacific cod fishery

the
Central
Gulf of
Alaska

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

any

hook-and- legally landed at least 50
line gear
mt of Pacific cod in the
directed Pacific cod fishery

the
Western
Gulf of
Alaska

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

(M) Catcher/
Processor
vessel
designation

any

pot gear

legally landed at least 50
mt of Pacific cod in the
directed Pacific cod fishery

the
Central
Gulf of
Alaska

pot gear in the
Central Gulf of
Alaska.

(N) Catcher/
Processor
vessel
designation

any

pot gear

legally landed at least 50
mt of Pacific cod in the
directed Pacific cod fishery

the
Central
Gulf of
Alaska

pot gear in the
Central Gulf of
Alaska.

(O) Catcher/
Processor
vessel
designation

any

jig gear

at least one legal landing in
the directed Pacific cod
fishery

the
Central
Gulf of
Alaska

jig gear in the
Central Gulf of
Alaska.

(P) Catcher/
Processor
vessel
designation

any

jig gear

at least one legal landing in
the directed Pacific cod
fishery

the
Western
Gulf of
Alaska

jig gear in the
Western Gulf of
Alaska.

(iii) Explanations for Pacific cod endorsements.
(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.

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50 CFR 679.4(k)(10)(iii)(C)

(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 non-trawl 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.
(v) Non-trawl gear recent participation official record.
(A) The official record will contain all information used by the Regional Administrator to
determine the following:
(1) The number of legal landings and amount of legal landings assigned to a groundfish
license for purposes of the non-trawl gear designation participation requirements
described in paragraph (k)(10)(ii) of this section;
(2) All other relevant information necessary to administer the requirements described in
paragraphs (k)(3)(i)(B) and (k)(10) of this section.
(B) The official record is presumed to be correct. A groundfish license holder has the burden
to prove otherwise.
(C) Only legal landings as defined in § 679.2 and documented on State of Alaska fish tickets
or NMFS weekly production reports will be used to assign legal landings to a groundfish
license.
(D) If more than one groundfish license holder is claiming the same legal landing because
their groundfish license designated the vessel at the time that the legal landing was made,
then each groundfish license for which the legal landing is being claimed will be credited
with the legal landing.
(E) The Regional Administrator will specify by letter a 30-day evidentiary period during which
an applicant may provide additional information or evidence to amend or challenge the
information in the official record. A person will be limited to one 30-day evidentiary period.
Additional information or evidence received after the 30-day evidentiary period specified in
the letter has expired will not be considered for purposes of the initial administrative
determination (IAD).
(F) The Regional Administrator will prepare and send an IAD to the applicant following the
expiration of the 30-day evidentiary period if the Regional Administrator determines that
the information or evidence provided by the person fails to support the person's claims
and is insufficient to rebut the presumption that the official record is correct, or if the
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50 CFR 679.4(k)(10)(vi)

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 non-trawl 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;
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50 CFR 679.4(k)(10)(vi)(C)(6)

(6) Will be assigned a Pacific cod endorsement with a non-trawl gear designation as
specified in paragraph (k)(10)(vi)(D) of this section.
(7) May not be assigned to any vessel other than the vessel specified for that groundfish
license in the annual CQE authorization letter;
(8) May not be assigned for use by any person(s) other than the person(s) specified for
that groundfish license in the annual CQE authorization letter, or any subsequent
amendment to that authorization letter that is made by the CQE provided that NMFS
receives that amendment prior to that person using that groundfish license aboard a
vessel; and
(9) May not be assigned to more than one vessel per calendar year.
(D) The CQE must provide a copy of the annual CQE authorization letter, and any subsequent
amendment to that authorization letter that is made by the CQE to NMFS and the vessel
operator prior to the person(s) designated in the authorization letter using that groundfish
license aboard a vessel. The vessel operator must maintain a copy of the annual CQE
authorization letter, and any subsequent amendment to that authorization letter that is
made by the CQE onboard the vessel when that vessel is directed fishing for Pacific cod
under the authority of that groundfish license. The authorization letter, and any
subsequent amendment to that authorization letter must be 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.
(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
50 CFR 679.4(k)(10)(vi)(F)(2) (enhanced display)

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50 CFR 679.4(k)(10)(vi)(G)

months after April 21, 2011, NMFS will issue an equal number of pot gear and hookand-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 hook-and-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.
(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

50 CFR 679.4(k)(10)(vii)(C) (enhanced display)

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50 CFR 679.4(k)(10)(vii)(D)

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 30-day evidentiary period specified in
the letter has expired will not be considered for purposes of the initial administrative
determination.
(F) The Regional Administrator will prepare and send an IAD to the applicant following the
expiration of the 30-day evidentiary period if the Regional Administrator determines that
the information or evidence provided by the person fails to support the person's claims
and is insufficient to rebut the presumption that the official record is correct, or if the
additional information, evidence, or revised application is not provided within the time
period specified in the letter that notifies the applicant of his or her 30-day evidentiary
period. The IAD will indicate the deficiencies with the information, or the evidence
submitted in support of the information. The IAD will also indicate which claims cannot be
approved based on the available information or evidence. A person who receives an IAD
may appeal pursuant to § 679.43. A person who avails himself or herself of the
50 CFR 679.4(k)(10)(viii)(F) (enhanced display)

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50 CFR 679.4(k)(11)

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 non-AFA
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 endorsement 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.

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50 CFR 679.4(k)(14)(ii)(B)

(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 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 notice 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.

50 CFR 679.4(k)(14)(vi)(B) (enhanced display)

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50 CFR 679.4(k)(14)(vi)(B)(1)

(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 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.

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50 CFR 679.4(k)(14)(vi)(E)

Additional information or evidence received after the 30-day evidentiary period specified in
the letter has expired will not be considered for purposes of the initial administrative
determination (IAD).
(E) The Regional Administrator will prepare and send an IAD to the applicant following the
expiration of the 30-day evidentiary period, if the Regional Administrator determines that
the information or evidence provided by the person fails to support the person's claims
and is insufficient to rebut the presumption that the official record is correct, or if the
additional information, evidence, or revised application is not provided within the time
period specified in the letter that notifies the applicant of his or her 30-day evidentiary
period. The IAD will indicate the deficiencies with the information or evidence submitted.
The IAD will also indicate which claims cannot be approved based on the available
information or evidence. A person who receives an IAD may appeal pursuant to 15 CFR
part 906. NMFS will issue a non-transferable interim license that is effective until final
agency action on the IAD to an applicant who avails himself or herself of the opportunity
to appeal an IAD and who has a credible claim to eligibility for a BSAI TLAS yellowfin sole
endorsement.
(15) BSAI Pacific cod trawl mothership endorsement —
(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
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.

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50 CFR 679.4(k)(15)(iii)(A)

(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 30-day evidentiary period specified in
the letter has expired will not be considered for purposes of the initial administrative
determination (IAD).

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50 CFR 679.4(k)(15)(v)(D)

(D) The Regional Administrator will prepare and send an IAD to the applicant following the
expiration of the 30-day evidentiary period, if the Regional Administrator determines that
the information or evidence provided by the person fails to support the person's claims
and is insufficient to rebut the presumption that the official record is correct, or if the
additional information, evidence, or revised application is not provided within the time
period specified in the letter that notifies the applicant of his or her 30-day evidentiary
period. The IAD will indicate the deficiencies with the information or evidence submitted.
The IAD will also indicate which claims cannot be approved based on the available
information or evidence. A person who receives an IAD may appeal pursuant to 15 CFR
part 906. NMFS will issue a non-transferable interim license that is effective until final
agency action on the IAD to an applicant who avails himself or herself of the opportunity
to appeal an IAD and who has a credible claim to eligibility for a BSAI Pacific cod trawl
mothership endorsement.
(16) PCTC Program. 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 re-issued by
NMFS.
(B) Duration of final AFA permits.
(1) Except as provided in paragraphs (l)(1)(ii)(B)(2), (l)(1)(ii)(B)(3), (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,

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(i)

50 CFR 679.4(l)(1)(ii)(B)(3)(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 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);

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50 CFR 679.4(l)(2)(i)(H)

(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 —

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50 CFR 679.4(l)(3)(i)(A)

(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);
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);
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50 CFR 679.4(l)(3)(i)(B)(1)(xi)

(xi) OCEAN LEADER (USCG documentation number 561518);
(xii) OCEANIC (USCG documentation number 602279);
(xiii) PACIFIC ALLIANCE (USCG documentation number 612084);
(xiv) PACIFIC CHALLENGER (USCG documentation number 518937);
(xv) PACIFIC FURY (USCG documentation number 561934);
(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 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
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50 CFR 679.4(l)(3)(i)(C)(3)

(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 exemption from AFA
catcher vessel sideboards in the GOA groundfish fisheries, the catcher vessel must:
Be less than 125 ft (38.1 m) LOA, have landed a combined total of less than 5,100 mt
of BSAI pollock in the BSAI directed pollock fishery from 1995 through 1997, and
made 40 or more legal landings of GOA groundfish in a directed fishery for GOA
groundfish from 1995 through 1997.
(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);

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50 CFR 679.4(l)(4)(i)(B)

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 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 roundweight 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.

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50 CFR 679.4(l)(5)(iii)(B)

(B) Stationary floating processors (SFP). A geographic position within State of Alaska waters
of the BS subarea and that is within a 5 nm radius of the latitude and longitude reported in
the check-in and check-out reports at § 679.5(h)(5)(ix)(B). An AFA SFP cannot change its
single geographic location more than four times within State of Alaska waters in the BS
subarea to process pollock harvested in a BS subarea directed pollock fishery during a
fishing year and cannot use more than one single geographic location during a reporting
week.
(iv) Application for permit. A completed application for an AFA inshore processor permit must
contain:
(A) Type of permit requested. Type of processor, whether requesting an AFA cooperative
endorsement, and amount of BSAI pollock processed in 1996 and 1997;
(B) Stationary floating processor information. The vessel name, ADF&G processor code, USCG
documentation number, Federal processor permit number, gross tons, shaft horsepower,
registered length (in feet), and business telephone number, business FAX number, and
business e-mail address used on board the vessel.
(C) Shoreside processor information. The processor name, Federal processor permit number,
ADF&G processor code, business street address; business telephone and FAX numbers,
and business e-mail address.
(D) Ownership information. The managing owner name(s), tax ID number(s), signature(s),
business mailing address(es), business telephone number(s), business fax number(s),
business e-mail address(es), and managing company (if any);
(v) Authorization of new AFA inshore processors. If the Council recommends and NMFS approves a
combined BSAI pollock TAC that exceeds 1,274,900 mt for any fishing year, or in the event of
the actual total loss or constructive loss of an existing AFA inshore processor, the Council may
recommend that an additional inshore processor (or processors) be issued AFA inshore
processing permits.
(A) Timing of Council action. At any time prior to or during a fishing year in which the
combined BSAI pollock TAC exceeds 1,274,900 mt, or at any time after the actual total
loss or constructive total loss of an existing AFA inshore processor, the Council may, after
opportunity for public comment, recommend that an additional inshore processor (or
processors) be issued AFA inshore processor permits.
(B) Required elements in Council recommendation. Any recommendation from the Council to
add an additional inshore processor (or processors) must include the following
information:
(1) Identification of inshore processor(s). The Council recommendation must identify by
name the inshore processor(s) to which AFA inshore processor permits would be
issued;
(2) Type of AFA inshore processor permit(s). The Council recommendation must specify
whether the identified inshore processor(s) should be issued a restricted or
unrestricted AFA inshore processor permit.

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(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 processing by an
AFA inshore processor an AFA inshore cooperative fishing permit upon receipt and approval of
a completed application.

(ii) Application for permit. A completed application for an inshore cooperative fishing permit must
contain the following information:
(A) Cooperative contact information. Name of cooperative; name of cooperative
representative; and business mailing address, business telephone number, business fax
number, and business e-mail address of the cooperative;
(B) Designated cooperative processor. The name and physical location of an AFA inshore
processor that is designated in the cooperative contract as the processor to whom the
cooperative has agreed to deliver at least 90 percent of its BS pollock catch;
(C) Cooperative contract information. A copy of the cooperative contract and a written
certification that:
(1) The contract was signed by the owners of at least 80 percent of the qualified catcher
vessels;
(2) The cooperative contract requires that the cooperative deliver at least 90 percent of
its BS pollock catch to its designated AFA processor; and
(3) Each catcher vessel in the cooperative is a qualified catcher vessel and is otherwise
eligible to fish for groundfish in the BSAI, 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

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50 CFR 679.4(l)(6)(ii)(D)

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.
(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 section, and the inshore cooperative
shows:

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(i)

50 CFR 679.4(l)(6)(ii)(D)(4)(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 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

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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).

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50 CFR 679.4(l)(7)(ii)(E)

(E) An AFA replacement catcher vessel for an AFA catcher vessel will have the same
sideboard exemptions, if any, as the replaced AFA catcher vessel, except that if the AFA
replacement vessel was already designated on an AFA permit as exempt from sideboard
limits, the AFA replacement vessel will maintain its exemption even if the replaced vessel
was not exempt from sideboard limits.
(iii) Removal of AFA catcher vessel from the directed pollock fishery.
(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.
(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

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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 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.
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(i)

50 CFR 679.4(m)(3)(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 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 30-day evidentiary period. The IAD will indicate the
deficiencies in the information required, including the evidence submitted in support of the
information. The IAD also will indicate which claims cannot be approved based on the available
information or evidence. A participant who receives an IAD may appeal under the appeals
procedures set out at § 679.43. A participant who avails himself or herself of the opportunity to
appeal an IAD will receive an interim approval from NMFS authorizing participation in the AI
directed pollock fishery. An interim approval based on claims contrary to the final determination
will expire upon final agency determination.
(n) Rockfish Program —
(1) Cooperative quota (CQ).

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(i)

50 CFR 679.4(n)(1)(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 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.
(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.

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(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

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50 CFR 679.4(o)(3)(i)(B)

(B) Is assigned to the Amendment 80 limited access fishery by NMFS as described at §
679.91(a)(3)(ii); and
(C) Has submitted a timely and complete EDR for all Amendment 80 QS permits held by that
person as described under § 679.94.
(ii) An Amendment 80 limited access fishery permit is valid until whichever of the following occurs
first:
(A) Until the end of the year for which the Amendment 80 limited access fishery permit is
issued; or
(B) Until the permit is revoked, suspended, or modified pursuant to § 679.43 or under 15 CFR
part 904.
(iii) A legible copy of the Amendment 80 limited access fishery permit must be carried onboard an
Amendment 80 vessel assigned to the Amendment 80 limited access fishery when fishing in
the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing
season.
(4) Amendment 80 Replacement Vessel.
(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 —
50 CFR 679.4(o)(5) (enhanced display)

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(i)

50 CFR 679.4(o)(5)(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 section. 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 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;

50 CFR 679.4(p)(3)(ii) (enhanced display)

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50 CFR 679.4(p)(3)(iii)

(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.
(2) PCTC Program quota share permits for processors.

50 CFR 679.4(q)(2) (enhanced display)

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(i)

50 CFR 679.4(q)(2)(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.
[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 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.
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)

[for recording in eLandings paragraph (e) of this
only]
section

50 CFR 679.5(a)(1)(iii) (enhanced display)

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If harvest made under . . . program

50 CFR 679.5(a)(2)

Record the . . .

For more information,
see . . .

(F) Rockfish Program

Cooperative number

subpart H to this part.

(G) PCTC Program

Cooperative number

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 tender vessel is responsible
for compliance and must ensure that the operator, manager, or representative (see paragraph
(b) of this section) complies with the applicable R&R requirements in this section and in §
679.28.
(iii) The IFQ permit holder, IFQ hired master permit holder, or Registered Buyer must comply with the
R&R requirements provided at paragraphs (e), (g), (k), and (l) of this section.
(iv) The CDQ permit holder, CDQ hired master permit holder, or Registered Buyer must comply with
the R&R requirements provided at paragraphs (e), (g), (k), and (l)(1) through (6) of this section.
(3) Fish to be recorded and reported. 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.

50 CFR 679.5(a)(4)(ii) (enhanced display)

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50 CFR 679.5(a)(4)(ii)(A)

(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 onboard
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 computer-generated, 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:
(i)

Combined records. Record landings, discards or dispositions, and products of customprocessed 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 —
50 CFR 679.5(c) (enhanced display)

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50 CFR 679.5(c)(1)

(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) 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:

50 CFR 679.5(c)(1)(vi)(B) (enhanced display)

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50 CFR 679.5(c)(1)(vi)(B)

Logsheet Distribution and Submittal
If
logsheet
color is ...
(1) White

Logsheets found in
these logbooks
Submit to ...

CV
CP
CV
CP
lgl/
lgl/
MS
trw
trw
pot
pot
X

X

X

X

X

(2)
X
Goldenrod

X

X

X

X

(3) Yellow

X

(4) Blue

X

(5) Green

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

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

X

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

50 CFR 679.5(c)(1)(vi)(B) (enhanced display)

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50 CFR 679.5(c)(2)

(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.

50 CFR 679.5(c)(3)(i)(A) (enhanced display)

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50 CFR 679.5(c)(3)(i)(A)(1)

(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, 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 hookand-line gear or pot gear to harvest IFQ or CDQ sablefish, and when using pot gear or
gear composed of lines with hooks attached 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-and-line 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.
50 CFR 679.5(c)(3)(i)(C) (enhanced display)

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50 CFR 679.5(c)(3)(ii)

(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
Time limit for
recording

Required information
(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.

(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
(1) FFP number and/or Federal crab vessel permit number
(if applicable), IFQ permit numbers (halibut, sablefish, and
50 CFR 679.5(c)(3)(ii)(B) (enhanced display)

Record
Submit
In
via
DCPL eLandings
X

Time limit for
reporting
Within 2 hours
after
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50 CFR 679.5(c)(3)(iii)

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

Record
Submit
In
via
DCPL eLandings

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

Time limit for
reporting
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 weekending 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.

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50 CFR 679.5(c)(3)(iv)(A)(1)

(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
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.

50 CFR 679.5(c)(3)(v)(D) (enhanced display)

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50 CFR 679.5(c)(3)(v)(E)

(E) Reporting area —
(1) Groundfish. Record the Federal reporting area code (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

If gear is other than those listed within this table, indicate “Other” and describe.

(2) Pot gear
(includes
pot-and-line
and longline
pot)

(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).
(3) HookIndicate: (i) Whether gear is fixed hook (conventional or tub), autoline, or snap
and-line gear (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).
50 CFR 679.5(c)(3)(v)(G) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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If gear type
is . . .

50 CFR 679.5(c)(3)(v)(H)

Then . . .
(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).

(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.
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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.5(c)(3)(vi)(D)

(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.
(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).

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.5(c)(3)(viii)(A)(2)

(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 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-byhaul landing information, groundfish production data, and groundfish and prohibited

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.5(c)(4)(ii)

species discard or disposition data. Under paragraph (f)(1)(vii) of this section, the
operators of AFA catcher/processors or any catcher/processor harvesting pollock CDQ
are required to use an ELB and no longer report using a DCPL.
(ii) Reporting time limits —
(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
Submit
In
via
DCPL eLandings

Time limit for
recording

(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.

(3) Discard and disposition information
50 CFR 679.5(c)(4)(ii)(B) (enhanced display)

X

By 2400 hours, A.l.t.,
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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.5(c)(4)(iii)

REPORTING TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR
Required information

Record
Submit
In
via
DCPL eLandings

Time limit for
recording
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 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.

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50 CFR 679.5(c)(4)(iv)(B)(2)

(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 information 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.”
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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR 679.5(c)(4)(vi)(A)

(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 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.

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50 CFR 679.5(c)(4)(vii)

(vii) Product information, catcher/processor. The operator of a catcher/processor 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 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.
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50 CFR 679.5(c)(6)

(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
(A) All catcher vessel or
tender vessel delivery
information

Record
Submit
In
via
DCPL eLandings
X

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:
(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.

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50 CFR 679.5(c)(6)(v)(B)

(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 nonsubmittal.
NON-SUBMITTAL OF DISCARD REPORT
(1) The catcher vessel does not have an FFP
50 CFR 679.5(c)(6)(vi)(B) (enhanced display)

CODE
“P”
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50 CFR 679.5(c)(6)(vi)(C)

NON-SUBMITTAL OF DISCARD REPORT

CODE

(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 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;

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50 CFR 679.5(c)(6)(viii)(C)

(C) Discards and disposition that were reported on a blue DFL received from a catcher vessel
delivering groundfish;
(D) Discards and disposition that are recorded on a blue DFL received from a catcher vessel
even though no groundfish are delivered; and
(d) [Reserved]
(e) Interagency Electronic Reporting System (IERS) and eLandings —
(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 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.
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50 CFR 679.5(e)(2)(iii)

(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.

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50 CFR 679.5(e)(4)

(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 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 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”

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50 CFR 679.5(e)(5)(i)(A)(10)

NON-SUBMITTAL OF DISCARD REPORT

CODE

(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 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).

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50 CFR 679.5(e)(6)

(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 information 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.
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50 CFR 679.5(e)(6)(i)(B)

(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 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).
(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).

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50 CFR 679.5(e)(7)(i)(E)(4)

(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 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.

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50 CFR 679.5(e)(7)(iii)(C)

(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 NMFSapproved 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

Landed in the Bering Sea subarea north of 56°20′ N. lat.

S—South
Region

Landed in any area in Alaska, not in the North Region.

W—West
Region

West of 174° W. long. Only applicable for western Aleutian Islands golden
king crab (WAG).

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

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50 CFR 679.5(e)(8)(vii)

(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.
(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.

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50 CFR 679.5(e)(10)(iii)

(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 nonsalmon 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 —

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50 CFR 679.5(e)(10)(iv)(A)

(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 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 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.
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50 CFR 679.5(e)(13)(iv)

(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.
(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/
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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 catcher 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 NMFSapproved 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-byhaul 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.
(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 NMFS-approved 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;

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(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 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.
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50 CFR 679.5(f)(3)(ii)(A)

(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 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.

50 CFR 679.5(f)(8)(ii) (enhanced display)

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50 CFR 679.5(f)(8)(iii)

(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 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.

50 CFR 679.5(g)(2)(iv) (enhanced display)

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50 CFR 679.5(g)(2)(iv)(A)

(A) A person holding a valid IFQ permit, or IFQ hired master permit, and a Registered Buyer
permit may conduct a dockside sale of IFQ halibut or IFQ sablefish with a person who has
not been issued a Registered Buyer permit after all IFQ halibut and IFQ sablefish have
been landed and reported in accordance with paragraph (l) of this section.
(B) A person holding a valid halibut CDQ hired master permit and Registered Buyer permit may
conduct a dockside sale of CDQ halibut with a person who has not been issued a
Registered Buyer permit after all CDQ halibut have been landed and reported in
accordance with paragraph (l) of this section.
(C) A Registered Buyer conducting dockside sales must issue a receipt to each individual
receiving IFQ halibut, CDQ halibut, or IFQ sablefish in lieu of a PTR. This receipt must
include:
(1) 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.
(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.
50 CFR 679.5(g)(3)(iii) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.5(g)(4)

(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.

(B) IFQ halibut, CDQ halibut or
IFQ sablefish

Your Registered Buyer name and permit number.

(C) CR crab

Your RCR name and permit number.

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

(1) 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.

(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 . . .

Receiver

Date &
time of
product
transfer

Location of
product
transfer

Mode of
transportation
and intended
route

(A) Receiver is on land and transfer
involves one van, truck, or vehicle

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

Date and
time when
shipment
leaves the
plant

Port or city
of product
transfer

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

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

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

Date and
Port or city
time when of product
loading of transfer
vans or
trucks, is
completed
each day

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

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

Receiver name
and Federal
fisheries,

Date and
time when
shipment

Name of the
airline
company;

50 CFR 679.5(g)(4)(iii) (enhanced display)

Port or city
of product
transfer

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Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.5(g)(4)(iii)

Then enter . . .
If you are the
shipper and . . .

Receiver

Date &
time of
product
transfer

Location of
product
transfer

Mode of
transportation
and intended
route

Federal
processor, or
Federal crab
vessel permit
number (if any)

leaves the
plant

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

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

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

Port or city
of product
transfer

(E) Receiver is a vessel and transfer
occurs at sea

Vessel name
and call sign

Start and
finish
dates and
times of
transfer

Transfer
The first
position
destination of
coordinates the vessel.
in latitude
and
longitude, in
degrees
and
minutes

(F) Receiver is a vessel and transfer
takes place in port

Vessel name
and call sign

Start and
finish
dates and
times of
transfer

Port or
position of
product
transfer

The first
destination of
the vessel.

(G) Receiver is an agent (buyer,
distributor, shipping agent) and transfer
is in a containerized van(s)

Agent name
and location
(city, state)

Transfer
start and
finish
dates and
times

Port, city, or
position of
product
transfer

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

(H) You are aggregating individual retail
sales for human consumption. (see
paragraph (g)(2) of this section)

“RETAIL
SALES”

Date of
transfer.

Port or city
of product
transfer

N/A.

(I) You are aggregating individual bait
sales during a day onto one PTR (nonIFQ groundfish only)

“BAIT SALES”

Date of
transfer.

Port or city
of product
transfer

N/A.

(J) Non-IFQ Groundfish only. You are
aggregating wholesale non-IFQ

“WHOLESALE
SALES”

Time of
the first

Port or city
of product

N/A.

50 CFR 679.5(g)(4)(iii) (enhanced display)

destination
airport city
and state.

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

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.5(g)(4)(iv)

Then enter . . .
If you are the
shipper and . . .

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

Mode of
transportation
and intended
route

sale of the transfer
day; time
of the last
sale of the
day

(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).
(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.
50 CFR 679.5(h)(1) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.5(h)(2)

(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-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.
(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 check-out report according to the following table:
For ...
(i) Each
reporting
area,
except area
300, 400,
550, or 690

If you
are a ...
(A) C/P
using
trawl
gear

Submit a BEGIN message
Before gear deployment.

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

(B) C/P Before gear deployment. May be checked
using
in to more than one area simultaneously.
longline
or pot
gear

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

(C) MS

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

50 CFR 679.5(h)(4) (enhanced display)

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

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

For ...

If you
are a ...

Submit a BEGIN message

50 CFR 679.5(h)(4)

Submit a CEASE message
year and then start up again, may
submit check-out report for that
reporting area.

(ii) COBLZ
or RKCSA

(iii) Gear
Type

(iv) CDQ

(v)
Exempted
or
Research
Fishery

(vi)
Aleutian
Islands
Pollock
(AIP)

(vii)

(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 checkout for the COBLZ or RKCSA and
another check-out for the area outside
the COBLZ or RKCSA.

(B) MS

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

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

(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 checkout for each gear type for which a
check-in was submitted.

(B) MS

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

Upon completion of receipt of
groundfish, submit a separate checkout 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 Within 24 hours after groundfish CDQ
for each CDQ number.
fishing for each CDQ number has
ceased.

(A) C/P

Prior to fishing, submit a separate check-in Upon completion of receipt of
for each type.
groundfish submit a separate checkout 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 checkout 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.

C/P, MS If a catcher/processor and functioning

50 CFR 679.5(h)(4) (enhanced display)

Upon completion of simultaneous
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

For ...

If you
are a ...

50 CFR 679.5(h)(5)

Submit a BEGIN message

Submit a CEASE message

Processor
Type

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

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

(viii)
(A) C/P,
Change of MS
fishing year

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.

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

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

(B) SS,
SFP

(ix)
SS, SFP, n/a
Interruption MS
of
production

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

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

AFA
SFP

Before receiving groundfish.

(5) Required information. The operator of a catcher/processor or mothership and the manager of a
shoreside processor or SFP must record the information in the following table on a check-in report
and a check-out report, as appropriate.
Check-in
Report

Required information

Check-out
Report

MS C/P

SS,
SS,
MS C/P
SFP
SFP

(i) Whether an original or revised report

X

X

X

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

X

X

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

X

X

X

X

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

X

(viii) Date (mm/dd/yyyy) and time (A.l.t., military format)
(A) When receipt of groundfish will begin
(B) When gear deployment will begin
50 CFR 679.5(h)(5) (enhanced display)

X

X
X
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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.5(i)

Check-in
Report

Required information

MS C/P

Check-out
Report

SS,
SS,
MS C/P
SFP
SFP

(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 check-in report

X

(xiii) If YES, indicate
(A) If checking-in for the first time this fishing year

X

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

X

(xiv) Indicate (YES or NO) whether this is a check-out report

X

(xv) If YES, enter date facility ceased to receive or process groundfish

X

(xvi) Indicate product weight of all fish or fish products (including non
groundfish) remaining at the facility (other than public cold storage) by
species code and product code. Indicate if recorded to the nearest
pound or to the nearest 0.001 mt.

X

X

(i)

Weekly production report (WPR). 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.

50 CFR 679.5(k) (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 679.5(k)(1)

(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.
(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.

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50 CFR 679.5(k)(5)(vii)

(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;
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50 CFR 679.5(l)(1)(iii)(H)

(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 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;
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50 CFR 679.5(l)(3)(ii)(F)

(F) Species and product type codes;
(G) Total product weight;
(H) Time (A.l.t.) and date of the request;
(I)

Name, telephone number, FAX number (if any) for the person making the request.

(4) IFQ departure report. 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 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.

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50 CFR 679.5(l)(4)(ii)

(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 Landing 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 —
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(i)

50 CFR 679.5(l)(7)(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;

(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.

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50 CFR 679.5(l)(7)(ii)(B)

(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.
(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 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.

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50 CFR 679.5(m)(2)

(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)

Non-electronic 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)

Non-electronic 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.

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50 CFR 679.5(o)

(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 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, e-mail address, and telephone number of alternate contact.
(4) Buying information (exvessel), Forms A (1-3), C (1-2), E, G, I (1-2), and K —
(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).
(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.

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50 CFR 679.5(p)(4)(ii)(F)

(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.
(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.
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50 CFR 679.5(p)(5)(iii)(D)

(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.
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50 CFR 679.5(p)(6)(iii)(B)(6)

(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.

(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
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50 CFR 679.5(q)(3)(v)

(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 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 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

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50 CFR 679.5(r)(8)(i)(A)(3)

(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.

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50 CFR 679.5(r)(10)(iv)(A)

(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 filledin.
(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 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:
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50 CFR 679.5(s)(6)(iii)(A)

(A) The cooperative's actual retained and discarded catch of CQ and GOA sideboard limited
fisheries (if applicable) by statistical area and on a vessel-by-vessel basis;
(B) A description of the method used by the cooperative to monitor fisheries in which
cooperative vessels participated; and
(C) A description of any actions taken by the cooperative against specific members in
response to a member that exceeded the amount of CQ that the member was assigned to
catch for the Amendment 80 cooperative.
(D) For each Amendment 80 cooperative, the percent of groundfish retained by that
Amendment 80 cooperative of the aggregate groundfish retained by all Amendment 80
vessels assigned to that Amendment 80 cooperative using the following equations:

Substituting the value for GFroundweight into the following equation:
GFR % = (GFroundweight /TotalGF)* 100
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 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 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 —
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50 CFR 679.5(t)(1)

(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 nontrawl 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;
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50 CFR 679.5(t)(5)(iv)(C)

(C) The total number of persons who applied to use one or more charter halibut permits;
(D) Name, business address, city and state, and number of charter halibut permits requested
by each person who applied to use a charter halibut permit held by the CQE;
(E) A detailed description of the criteria used by the CQE to distribute charter halibut permits
among persons who applied to use one or more charter halibut permits that the CQE is
holding on behalf of the eligible community;
(F) For each person issued one or more charter halibut permits held by a CQE, provide their
name, business address, city and state, ADF&G logbook number(s), and the number(s) of
each charter halibut permits they were authorized to use with the corresponding
regulatory area endorsement and angler endorsement;
(G) For each vessel authorized to participate in the charter halibut fishery using one or more
charter halibut permits held by the CQE, provide the vessel name, ADF&G vessel
registration number, USCG documentation number, length overall, home port and each
charter halibut permits number held by the CQE and used onboard the vessel;
(H) For each vessel authorized to participate in the charter halibut fishery using one or more
charter halibut permits held by the CQE, provide each set of ports from which the vessel
departed and to which it returned, and the total number of trips that occurred to and from
each set of ports when one or more charter halibut permits held by the CQE was used
onboard the vessel; and
(I)

For each community represented by the CQE, provide any payments made to the CQE for
use of the charter halibut permits.

(v) Individual Fishing Quota Program. 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;
(B) A description of the process used by the CQE to solicit applications from eligible
community residents and non-residents to use IFQ that is derived from QS that the CQE is
holding on behalf of the eligible community;
(C) The total number of eligible community residents and non-residents who applied to use
IFQ derived from QS held by the CQE;
(D) Name, business address, city and state, and amount of IFQ requested by each person who
applied to use IFQ derived from QS held by the CQE;
(E) A detailed description of the criteria used by the CQE to distribute IFQ among eligible
community residents and non-residents who applied to use IFQ held by the CQE;
(F) For each person who leased IFQ derived from QS held by the CQE, provide their name,
business address, city and state, each IFQ permit number, and the total pounds of halibut
IFQ and total pounds of sablefish IFQ they were authorized to use through each IFQ permit
number;
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50 CFR 679.5(t)(5)(v)(G)

(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 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 —
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50 CFR 679.5(u)(1)

(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.
(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.

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50 CFR 679.5(u)(2)(iv)(A)

(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 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 —

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50 CFR 679.5(w)(1)

(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 NMFSAlaska 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:
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(1) The date of the application.
(2) The applicant's name, mailing address, and telephone number.
(3) A statement of the purpose and goal of the experiment for which an exempted fishing permit is
needed, including a general description of the arrangements for disposition of all species harvested
under the exempted fishing permit.
(4) Technical details about the experiment, including:
(i)

Amounts of each species to be harvested that are necessary to conduct the experiment, and
arrangement for disposition of all species taken.

(ii) Area and timing of the experiment.
(iii) Vessel and gear to be used.
(iv) Experimental design (e.g., sampling procedures, the data and samples to be collected, and
analysis of the data and samples).
(v) Provision for public release of all obtained information, and submission of interim and final
reports.
(5) The willingness of the applicant to carry observers, if required by the Regional Administrator, and a
description of accommodations and work space for the observer(s).
(6) Details for all coordinating parties engaged in the experiment and signatures of all representatives of
all principal parties.
(7) Information about each vessel to be covered by the exempted fishing permit, including:
(i)

Vessel name.

(ii) Name, address, and telephone number of owner and master.
(iii) USCG documentation, state license, or registration number.
(iv) Home port.
(v) Length of vessel.
(vi) Net tonnage.
(vii) Gross tonnage.
(8) The signature of the applicant.
(9) The Regional Administrator may request from an applicant additional information necessary to make
the determinations required under this section. Any application that does not include all necessary
information will be considered incomplete. An incomplete application will not be considered to be
complete until the necessary information is provided in writing. An applicant for an exempted fishing
permit need not be the owner or operator of the vessel(s) for which the exempted fishing permit is
requested.
(c) Review procedures.

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50 CFR 679.6(c)(1)

(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.

(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.

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50 CFR 679.6(e)(2)

(2) The number, sizes, names, and identification numbers of the vessels authorized to conduct fishing
activities under the exempted fishing permit.
(3) The time(s) and place(s) where exempted fishing may be conducted.
(4) The type, size, and amount of gear that may be used by each vessel operated under the exempted
fishing permit.
(5) The condition that observers be carried aboard vessels operated under an exempted fishing permit.
(6) Reasonable data reporting requirements.
(7) Such other conditions as may be necessary to assure compliance with the purposes of the exempted
fishing permit and consistency with the FMP objectives.
(8) Provisions for public release of data obtained under the exempted fishing permit.
(f) Effectiveness. 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.

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50 CFR 679.7(a)(3)(ii)

(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.
(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.

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50 CFR 679.7(a)(7)(viii)

(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 authorizing 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.

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50 CFR 679.7(a)(13)

(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 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.

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50 CFR 679.7(a)(18)

(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 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.

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50 CFR 679.7(b)(4)(ii)

(ii) Deliver Pacific cod harvested in the Western GOA or Central GOA regulatory area, including
Federal reporting areas 610, 620, or 630, to another vessel for processing unless the processing
vessel carries an operable NMFS-approved Vessel Monitoring System that complies with the
requirements in § 679.28(f).
(iii) Deliver Pacific cod harvested in the Western GOA or adjacent waters parallel directed fishery to
a vessel for processing in excess of the processing limits established at § 679.20(a)(12)(iv) or
(v), unless the processing vessel meets the definition of a stationary floating processor at §
679.2.
(iv) Deliver Pacific cod harvested in the Central GOA or adjacent waters parallel directed fishery in
excess of the processing limits established at § 679.20(a)(12)(v), unless the processing vessel
meets the definition of a stationary floating processor at § 679.2.
(v) Deliver Pacific cod harvested in the Central GOA or adjacent waters parallel directed fishery to a
vessel for processing, unless that vessel is endorsed as a CQE floating processor or stationary
floating processor.
(vi) Eligible catcher/processor LLP license holders electing to add a catcher vessel endorsement
for the Western or Central GOA under § 679.4 (k)(10)(vii)(B) and (C) of this part are prohibited
from catching and processing Pacific cod onboard a vessel under the authority of that
groundfish license in the directed Pacific cod fishery in Federal reporting areas 610, 620, or 630.
(5) Stationary floating processor restrictions.
(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;

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50 CFR 679.7(b)(6)(i)(B)(2)

(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-and-line 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

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50 CFR 679.7(c)(3)(i)(A)(2)

(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 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 Ex-vessel 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.

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50 CFR 679.7(d)(4)(i)(A)

(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.
(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.

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50 CFR 679.7(d)(5)(i)(C)

(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 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.
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50 CFR 679.7(d)(6)

(6) For a CDQ group, exceed a seasonal allowance of Pacific cod under § 679.20(a)(7)(i)(B).
(7) For a CDQ group, exceed a seasonal allowance of Atka mackerel under § 679.20(a)(8)(ii).
(8) Fail to submit a timely and complete CDQ cost recovery fee submission form and fee as required
under § 679.33.
(9) For an operator of a catcher vessel greater than 32 ft (9.8 m) LOA and less than or equal to 46 ft
(14.0 m) LOA using hook-and-line gear and that is registered by a CDQ group under § 679.5(m), to
conduct groundfish CDQ fishing without a legible copy of the LLP exemption letter issued to a CDQ
group for that vessel on board the vessel.
(10) For a CDQ group representative, to remove a vessel from the CDQ vessel registration list under §
679.5(m)(4) without first providing notice to the operator of the registered vessel that the vessel is
being removed from the CDQ vessel registration list or when the vessel operator is groundfish CDQ
fishing.
(e) Halibut Deck Sorting.
(1) Conduct halibut deck sorting without notifying the observer at least 15 minutes prior to bringing fish
onboard as described in § 679.102 (e)(2).
(2) For any haul for which the notification at § 679.102 (e)(2) is provided, allow fish to be spilled from the
codend without an observer being present to monitor halibut deck sorting.
(3) Sort halibut from the catch prior to weighing except in compliance with requirements at § 679.102.
(4) Sort halibut on deck without an observer present to monitor halibut deck sorting.
(5) Discard halibut sorted on deck prior to the observer's completion of data collection for each halibut.
(6) Sort or discard any species other than halibut during halibut deck sorting.
(7) Conduct halibut deck sorting past the time limit set by NMFS in the vessel's Observer Sampling
Station Inspection Report.
(8) Conduct halibut deck sorting without complying with the observer deck sampling station
requirements at § 679.28(d)(9).
(9) Fail to have an approved Deck Safety Plan before conducting halibut deck sorting.
(10) Fail to notify the Observer Program for purposes of the pre-cruise meeting when required by §
679.102 (c).
(11) Weigh catch on a NMFS-approved scale that complies with the requirements at § 679.28(b) when
halibut deck sorting unless three or more observers are present on the vessel and an observer has
been notified and is available to complete data collection duties in the factory.
(12) Sort halibut without a video monitoring system meeting requirements at § 679.28(l).
(13) Fail to comply with any other requirement or restriction specified in this part or violate any provision
of this part.
(f) IFQ fisheries.
(1) Fail to submit, or submit inaccurate information on, any report, application, or statement required
under this part.
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50 CFR 679.7(f)(2)

(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.
(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]

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50 CFR 679.7(f)(8)(ii)(B)

(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.

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

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

(iii) In the waters within the State of Alaska:
(A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on board unless rockfish are
required to be discarded by the laws of the State of Alaska.
(B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board unless Pacific
cod are required to be discarded by the laws of the State of Alaska.
(9) Harvest on any vessel more IFQ halibut or IFQ sablefish than are authorized under § 679.42.
(10) Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing other than directly to (or by) a registered
buyer.
(11) Discard halibut or sablefish caught with fixed gear from any catcher vessel when any IFQ permit
holder aboard holds unused halibut or sablefish IFQ for that vessel category and the IFQ regulatory
area in which the vessel is operating, unless:
(i)

Discard of halibut is required as prescribed in the annual management measures published in
the FEDERAL REGISTER 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).
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50 CFR 679.7(f)(18)

(18) Deploy, conduct fishing with, retrieve, or retain IFQ sablefish or IFQ halibut from longline pot gear in
the GOA:
(i)

In excess of the pot limits specified in § 679.42(l)(5)(ii); or

(ii) [Reserved]
(19) [Reserved]
(20) Deploy longline pot gear to fish IFQ sablefish in the GOA without marking the gear in accordance with
§ 679.24(a).
(21) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to,
and used by, a catcher vessel within five days of deploying the gear to fish IFQ sablefish in the
Southeast Outside District of the GOA in accordance with § 679.42(l)(5)(iii)(A).
(22) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to,
and used by, a catcher/processor within five days of deploying the gear to fish IFQ sablefish in the
Southeast Outside District of the GOA in accordance with § 679.42(l)(5)(iii)(B).
(23) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to,
and used by, a catcher vessel or a catcher/processor within five days of deploying the gear to fish
IFQ sablefish in the West Yakutat District of the GOA, and within seven days of deploying the gear to
fish IFQ sablefish in the Central GOA regulatory area, in accordance with § 679.42(l)(5)(iii)(C) and (E).
(24) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to,
and used by, a catcher vessel or a catcher/processor within seven days of deploying the gear to fish
IFQ sablefish in the Western GOA regulatory area in accordance with § 679.42(l)(5)(iii)(D).
(25) Operate a catcher vessel or a catcher/processor using longline pot gear to fish IFQ sablefish or IFQ
halibut in the GOA and fail to use functioning VMS equipment as required in § 679.42(k)(2).
(26) Operate a catcher vessel or a catcher/processor using pot gear to fish for IFQ or CDQ halibut or IFQ
or CDQ sablefish in the BSAI and fail to use functioning VMS equipment as required in § 679.42(m).
(g) North Pacific Observer Program—Observers.
(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

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50 CFR 679.7(g)(6)

circumstances, including the nature of the conduct and the context in which it occurred, will be
considered. The determination of the legality of a particular action will be made from the facts on a
case-by-case basis.
(6) Fish for or process fish without observer coverage required under subpart E of this part.
(7) Embark on a fishing trip to directed fish for groundfish or to fish for halibut with hook-and-line gear
without carrying an observer if the fishing trip is selected for observer coverage per §
679.51(a)(1)(ii)(C)(2), 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) [Reserved]
(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 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;

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50 CFR 679.7(i)(6)

(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 non-CDQ 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.

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50 CFR 679.7(j)(7)

(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.
(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 permit as a stationary floating processor for Pacific cod in the GOA and
a catcher/processor in the GOA during the same year.
(v) Directed fishing after a sideboard closure. 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.

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50 CFR 679.7(k)(1)(vi)(B)

(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 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:

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50 CFR 679.7(k)(3)(iv)(A)

(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 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.

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50 CFR 679.7(k)(5)(ii)

(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 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.
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50 CFR 679.7(k)(8)(v)(B)

(B) For a catcher vessel or catcher/processor, to start a fishing trip for pollock in the BS in the
A season or in the B season if the vessel is fishing under a transferable Chinook salmon
PSC allocation issued to an inshore cooperative, the entity representing the AFA catcher/
processor sector, or the entity representing the AFA mothership sector under § 679.21(f)
and the inshore cooperative or entity has exceeded its Chinook salmon PSC allocation for
that season.
(9) Fail to submit a timely and complete AFA cost recovery fee submission form and fee as required
under § 679.66.
(l)

Prohibitions specific to the AI directed pollock fishery —
(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.

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(i)

50 CFR 679.7(l)(4)(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 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.

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50 CFR 679.7(m)(3)(ii)

(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 § 679.102, before the total catch is weighed
on a scale that meets the requirements of § 679.28(b).
(v) Use a catcher/processor designated on an LLP license with a BSAI Pacific cod trawl mothership
endorsement to process Pacific cod in excess of the at-sea processing sideboard limit defined
at § 679.133(b)(2) and assigned to the LLP license.
(vi) Process an amount of Pacific cod that exceeds use caps specified at § 679.133.
(5) PCTC Program cooperatives.
(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.

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(i)

50 CFR 679.7(n)(2)(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 opt-out vessel, under § 679.81(e)(2), that is subject to sideboard
provisions detailed in § 679.82(e) and (f), as applicable, and fail to follow the catch monitoring
requirements detailed in § 679.84(d) from July 1 until July 31, if that vessel is harvesting fish in
the West Yakutat District, Central GOA, or Western GOA management areas.
(3) VMS.
(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 opt-out. 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.
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(i)

50 CFR 679.7(n)(6)(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).
(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.
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50 CFR 679.7(o)

(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.

(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.
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50 CFR 679.7(o)(4)(iii)

(iii) Catch, process, or receive Amendment 80 species assigned to an Amendment 80 cooperative
in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing
season without a copy of a valid Amendment 80 CQ permit onboard unless that Amendment 80
vessel is using dredge gear while directed fishing for scallops.
(iv) [Reserved]
(v) Begin a fishing trip for any Amendment 80 species with any vessel assigned to an Amendment
80 cooperative if the total amount of unharvested CQ that is currently held by that Amendment
80 cooperative is zero or less for any species for which CQ is assigned.
(vi) Have a negative balance in a CQ account for any species for which CQ is assigned after the end
of the calendar year for which a CQ permit was issued.
(vii) Fail to submit a timely and complete Amendment 80 cost recovery fee submission form and fee
as required under § 679.95.
(5) Amendment 80 limited access fishery.
(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).
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50 CFR 679.7(p)

(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.
(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:

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(i)

50 CFR 679.20(a)(3)(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 importance 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 —
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(i)

50 CFR 679.20(a)(5)(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 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.

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50 CFR 679.20(a)(5)(i)(A)(4)(iii)

(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 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.

50 CFR 679.20(a)(5)(iii) (enhanced display)

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50 CFR 679.20(a)(5)(iii)(A)

(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 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.

50 CFR 679.20(a)(5)(iii)(B)(3)(iii) (enhanced display)

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50 CFR 679.20(a)(5)(iii)(B)(3)(iv)

(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 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
50 CFR 679.20(a)(5)(iv)(B) (enhanced display)

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50 CFR 679.20(a)(6)

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 made under paragraph (a)(7)(ii) of this section.
(B) The BSAI Pacific cod CDQ gear allowances by season, as those seasons are specified
under § 679.23(e)(5), are as follows:
Gear Type

A season

B season

C season

(1) Trawl

60%

20%

20%

(i) Trawl CV

70%

10%

20%

(ii) Trawl CP

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

% Allocation

(1) Jig vessels

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

50 CFR 679.20(a)(7)(ii)(A) (enhanced display)

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50 CFR 679.20(a)(7)(ii)(B)

Sector

% Allocation

(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 hook-and-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. 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
apportioned to specified gear sectors as follows:
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50 CFR 679.20(a)(7)(iii)(B)(1)

(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:

Sector

Seasonal Allowances
A season

B season

C season

(1) Trawl
(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 %

(4) All other nontrawl vessels

no
seasonal
allowance

no
seasonal
allowance

no
seasonal
allowance

(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 vessel 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 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.

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50 CFR 679.20(a)(7)(v)(A)(1)

(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 Pacific 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.

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50 CFR 679.20(a)(8)(ii)

(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:
(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 —

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50 CFR 679.20(a)(8)(v)(A)

(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 non-trawl 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 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 §

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50 CFR 679.20(a)(12)(i)(A)

679.23(d)(3), before TAC is apportioned among other non-jig sectors. The Western and Central
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

A season
(in percent)

B season
(in percent)

0.70

0.70

(1)

Hook-and-Line

Catcher vessel

(2)

Hook-and-Line

Catcher/Processor

10.90

8.90

(3)

Trawl

Catcher vessel

31.54

6.86

(4)

Trawl

Catcher/Processor

0.90

1.50

(5)

Pot

Catcher Vessel and Catcher/Processor

19.80

18.20

(6)

Nontrawl

Any

0.00

0.00

(B) Central GOA Regulatory Area —Jig sector. 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, operation type, and length overall as follows:

Sector

Gear type

Operation type

Length overall in
feet

Seasonal
allowances
A season B season
(in
(in
percent) percent)

(1)

Hook-andLine

Catcher vessel

<50

9.31552

5.28678

(2)

Hook-andLine

Catcher vessel

≥50

5.60935

1.09726

(3)

Hook-andLine

Catcher/Processor

Any

4.10684

0.99751

(4)

Trawl

Catcher vessel

Any

(5)

Trawl

Catcher/Processor

Any

2.00334

2.19451

(6)

Pot

Catcher Vessel and Catcher/
Processor

Any

17.82972

9.97506

(7)

Nontrawl

Any

Any

0.00

0.00

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50 CFR 679.20(a)(12)(ii)

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

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50 CFR 679.20(a)(12)(v)(C)

(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.

(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.

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50 CFR 679.20(b)(1)(ii)(D)(1)

(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 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.
(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.

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50 CFR 679.20(b)(2)(ii)

(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.
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50 CFR 679.20(c)

(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 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.

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50 CFR 679.20(c)(3)(iii)(A)

(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, 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 GOAPacific 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
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.

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50 CFR 679.20(d)(1)(ii)(B)

(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.

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50 CFR 679.20(d)(1)(v)(C)

(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 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).
(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.

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50 CFR 679.20(d)(3)(ii)

(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 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.
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(i)

50 CFR 679.20(e)(3)(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 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.

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50 CFR 679.20(g)(1)(ii)

(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 round-weight 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 round-weight 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 same fishing trip, multiply the round-weight equivalent by 0.07 in the Gulf of
Alaska or 0.09 in the Bering Sea and Aleutian Islands.
(C) Pollock roe retained on board from previous fishing trips will not be counted.

(ii) Two or more products from different fish.
(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.
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50 CFR 679.20(h)

(h) Standard product types and standard PRRs —
(1) Calculating round-weight equivalents from standard PRRs. Round-weight 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.

(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 limited 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 —

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50 CFR 679.20(j)(1)

(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 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
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50 CFR 679.21

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]

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 species bycatch management.
(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 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 three BSAI halibut PSC limits are established, which total 1,770 mt:
BSAI trawl limited access sector—745 mt; BSAI non-trawl sector—710 mt; and CDQ Program—315 mt
(established as a PSQ reserve). An additional amount of BSAI halibut PSC limit for the Amendment
80 sector will be determined for each calendar year according to the procedure in paragraph (b)(1)(i)
of this section.
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(i)

50 CFR 679.21(b)(1)(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.
(A) General. The Amendment 80 sector BSAI halibut PSC limit applies to Amendment 80
vessels while conducting any fishery in the BSAI and is an amount of halibut determined
annually according to the procedure in paragraph (b)(1)(i)(B) of this section.
(B) Annual procedure. By October 1 of each year, the Alaska Fisheries Science Center will
provide the Regional Administrator an estimate of halibut biomass derived from the most
recent Alaska Fisheries Science Center Eastern Bering Sea shelf trawl survey index. Each
year, NMFS will request that the International Pacific Halibut Commission provide to the
Regional Administrator, by December 1 of that year, an estimate of halibut biomass
derived from the most recent International Pacific Halibut Commission setline survey
index. NMFS will apply both halibut biomass estimates to table 58 to this part, such that
the value at the intercept of those survey indices in table 58 is the Amendment 80 sector
halibut PSC limit for the following calendar year. NMFS will publish the new Amendment
80 sector halibut PSC limit in the annual harvest specifications.
(C) Allocation of BSAI halibut PSC to Amendment 80 cooperatives and the Amendment 80
limited access fishery. For Amendment 80 cooperatives and the Amendment 80 limited
access fishery, BSAI halibut PSC limits will be allocated according to the procedures and
formulas in § 679.91(d) and (f) (not paragraph (b)(1)(i)(B) of this section). 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.

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50 CFR 679.21(b)(1)(ii)(B)

(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).
(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).

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50 CFR 679.21(b)(1)(ii)(C)

(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 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
round-weight 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 hookand-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-

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50 CFR 679.21(b)(1)(iv)

line catcher/processor fishery, a sablefish hook-and-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 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 —

50 CFR 679.21(b)(2)(iv) (enhanced display)

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50 CFR 679.21(b)(2)(iv)(A)

(A) Unused seasonal apportionments. Any unused portion of a seasonal 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 non-trawl 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 non-trawl 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 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.

50 CFR 679.21(b)(4)(ii) (enhanced display)

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50 CFR 679.21(b)(4)(iii)

(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).
(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 hook-and-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 hook-and-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.
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50 CFR 679.21(d)(2)(iii)

(iii) Apportionment of the GOA halibut PSC limit among other hook-and-line catcher vessels and
catcher/processors.
(A) Catcher vessels using hook-and-line gear in the other hook-and-line fishery will be
apportioned part of the GOA halibut PSC limit in proportion to the total Western and
Central GOA Pacific cod allocations, where X is equal to annnual TAC, as follows:

(B) Catcher/processors using hook-and-line gear in the other hook-and-line fishery will be
apportioned part of the GOA halibut PSC limit in proportion to the total Western and
Central GOA Pacific cod allocations, where X is equal to annual TAC, as follows:

(C) No later than November 1, any halibut PSC limit allocated under paragraph (d)(2)(ii)(B) of
this section not projected by the Regional Administrator to be used by one of the 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:
Vessel
category

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

Effective years

(A) Catcher
vessel

7 2014.
12 2015.
15 2016 and each
year thereafter.

(B)
Catcher/
processor

7 2014 and each
year thereafter.

(3) Trawl gear annual halibut PSC limit.

50 CFR 679.21(d)(3) (enhanced display)

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(i)

50 CFR 679.21(d)(3)(i)

The annual total PSC limit of halibut caught while conducting any trawl gear fishery for
groundfish in the GOA is an amount of halibut equivalent to 1,973 mt of halibut mortality. This
amount is reduced as follows:
Percent reduction from 1,973 mt

Annual trawl gear PSC limit (mt)1

Effective years

7

1,848 2014.

12

1,759 2015.

15

1,705 2016 and each year thereafter.

1

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.
(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.
(E) Expected changes in directed groundfish fishing seasons.
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50 CFR 679.21(d)(4)(ii)(F)

(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 deepwater 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 shallowwater 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, 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

50 CFR 679.21(d)(6)(i) (enhanced display)

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50 CFR 679.21(d)(6)(ii)

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 which the halibut bycatch limit
applies.
50 CFR 679.21(d)(7) (enhanced display)

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50 CFR 679.21(e)

(e) BSAI PSC limits for crab and herring —
(1) Trawl gear —

50 CFR 679.21(e)(1) (enhanced display)

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(i)

50 CFR 679.21(e)(1)(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)

32,000 red king
crab.

(B) Above the threshold of 8.4 million mature crab and the effective spawning
biomass is greater than 14.5 but less than 55 million lb (24,948 mt)

97,000 red king
crab.

(C) Above the threshold of 8.4 million mature crab and the effective spawning
biomass is equal to or greater than 55 million lb

197,000 red king
crab.

(ii) Tanner crab (C. bairdi). 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 ...

The PSC limit will be ...

(1) 150 million animals or less

0.5 percent of the total abundance minus 20,000
animals

(2) Over 150 million to 270 million animals

730,000 animals

(3) Over 270 million to 400 million animals

830,000 animals

(4) Over 400 million animals

980,000 animals

(B) This table refers to the PSC limits for C. bairdi that you must follow in Zone 2.
When the total abundance of C. bairdi
crabs is ...

The PSC limit will be ...

(1) 175 million animals or less

1.2 percent of the total abundance minus 30,000
animals

(2) Over 175 million to 290 million animals

2,070,000 animals

(3) Over 290 million to 400 million animals

2,520,000 animals

(4) Over 400 million 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:
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50 CFR 679.21(e)(1)(iii)(A)

(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 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.

50 CFR 679.21(e)(3)(ii)(B)(1) (enhanced display)

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50 CFR 679.21(e)(3)(ii)(B)(2)

(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).
(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).

50 CFR 679.21(e)(3)(iv)(D) (enhanced display)

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50 CFR 679.21(e)(3)(iv)(E)

(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.

(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 —
50 CFR 679.21(e)(5)(iii) (enhanced display)

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50 CFR 679.21(e)(5)(iii)(A)

(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 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,
50 CFR 679.21(e)(7)(iii) (enhanced display)

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50 CFR 679.21(e)(7)(iv)

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 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.

50 CFR 679.21(f)(2) (enhanced display)

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(i)

50 CFR 679.21(f)(2)(i)

An AFA sector will receive a portion of the 47,591 Chinook salmon PSC limit, or, in a low
Chinook salmon abundance year, the 33,318 Chinook salmon PSC limit, if —
(A) No Chinook salmon bycatch incentive plan agreement (IPA) is approved by NMFS under
paragraph (f)(12) of this section; or
(B) That AFA sector has exceeded its performance standard under paragraph (f)(6) of this
section.

(ii) An AFA sector will receive a portion of the 60,000 Chinook salmon PSC limit, or, in a low
Chinook salmon abundance year, the 45,000 Chinook salmon PSC limit, if—
(A) At least one IPA is approved by NMFS under paragraph (f)(12) of this section; and
(B) That AFA sector has not exceeded its performance standard under paragraph (f)(6) of this
section.
(3) Allocations of the Chinook salmon PSC limits —
(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

AFA catcher/processors and AFA catcher vessels delivering to AFA catcher/processors,
all of which are permitted under § 679.4(l)(2) and (l)(3)(i)(A), respectively.

(B)
AFA catcher vessels harvesting pollock for processing by AFA motherships, all of which
Mothership are permitted under § 679.4(l)(3)(i)(B) and (l)(4), respectively.
(C) Inshore

AFA catcher vessels harvesting pollock for processing by AFA inshore processors, all of
which are permitted under § 679.4(l)(3)(i)(C).

(D) CDQ
Program

The six CDQ groups authorized under section 305(i)(1)(D) of the Magnuson-Stevens Act
to participate in the CDQ Program.

(iii) Allocations to each AFA sector. 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
AFA sector
(1) Catcher/
processor
(2) Mothership
(3) Inshore
50 CFR 679.21(f)(3)(iii)(A) (enhanced display)

%
Allocation

B season

# of
Chinook

%
Allocation

Annual total

# of
Chinook

%
Allocation

# of
Chinook

32.9

13,818

17.9

3,222

28.4

17,040

8.0

3,360

7.3

1,314

7.8

4,674

49.8

20,916

69.3

12,474

55.6

33,390

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50 CFR 679.21(f)(3)(iii)(B)

A season
AFA sector
(4) CDQ Program

%
Allocation

B season

# of
Chinook

9.3

3,906

%
Allocation

Annual total

# of
Chinook

5.5

990

%
Allocation

# of
Chinook

8.2

4,896

(B) If the sector is managed under the 45,000 Chinook salmon PSC limit, the sector will be
allocated the following amount of Chinook salmon PSC in each season and annually:
A season
AFA sector
(1) Catcher/
processor
(2) Mothership
(3) Inshore
(4) CDQ Program

%
Allocation

B season

# of
Chinook

%
Allocation

Annual total

# of
Chinook

%
Allocation

# of
Chinook

32.9

10,363

17.9

2,415

28.4

12,780

8.0

2,520

7.3

987

7.8

3,510

49.8

15,687

69.3

9,355

55.6

25,020

9.3

2,930

5.5

743

8.2

3,690

(C) If the sector is managed under the 47,591 Chinook salmon PSC limit, the sector will be
allocated the following amount of Chinook salmon PSC in each season and annually:
A season
AFA sector
(1) Catcher/
processor
(2) Mothership
(3) Inshore
(4) CDQ Program

%
Allocation

B season

# of
Chinook

%
Allocation

Annual total

# of
Chinook

%
Allocation

# of
Chinook

32.9

10,906

17.9

2,556

28.4

13,516

8.0

2,665

7.3

1,042

7.8

3,707

49.8

16,591

69.3

9,894

55.6

26,485

9.3

3,098

5.5

785

8.2

3,883

(D) If the sector is managed under the 33,318 Chinook salmon PSC limit, the sector will be
allocated the following amount of Chinook salmon PSC in each season and annually:
A season
AFA sector
(1) Catcher/
processor
(2) Mothership
(3) Inshore
(4) CDQ Program

%
Allocation

B season

# of
Chinook

%
Allocation

Annual total

# of
Chinook

%
Allocation

# of
Chinook

32.9

7,673

17.9

1,789

28.4

9,462

8.0

1,866

7.3

730

7.8

2,599

49.8

11,615

69.3

6,926

55.6

18,525

9.3

2,169

5.5

550

8.2

2,732

(iv) Allocations to the AFA catcher/processor and mothership sectors.

50 CFR 679.21(f)(3)(iv) (enhanced display)

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50 CFR 679.21(f)(3)(iv)(A)

(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
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.
(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 sectorlevel entity, inshore cooperative, or CDQ
group under paragraph (f)(8) of this
section

By any vessel fishing under a transferable allocation will
accrue against the allocation to the entity representing
that vessel.

(B) A non-transferable allocation to a
sector or the inshore open access fishery
under paragraph (f)(10) of this section

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

(C) The opt-out allocation under
paragraph (f)(5) of this section

By any vessel fishing under the opt-out allocation will
accrue against the opt-out allocation.

(viii) Public release of Chinook salmon PSC information. 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 nontransferable 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 nontransferable allocations under paragraphs (f)(5)(v) or (f)(10)(iii) of this section; and
50 CFR 679.21(f)(3)(viii)(E) (enhanced display)

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50 CFR 679.21(f)(3)(viii)(F)

(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 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 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:
(i) What is the amount of
Chinook salmon PSC that will
be allocated to the opt-out
allocation in the A season
and the B season?

The opt-out allocation will equal the sum of the Chinook salmon PSC
deducted under paragraph (f)(4)(i) of this section from the seasonal
allocations of each sector with members not participating in an approved
IPA.

(ii) Which participants will be
managed under the opt-out

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

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allocation?

the 60,000 PSC limit or the 45,000 PSC limit, but that is not participating in
an approved IPA.

(iii) What Chinook salmon
bycatch will accrue against
the opt-out allocation?

All Chinook salmon bycatch by participants under paragraph (f)(5)(ii) of
this section.

(iv) How will the opt-out
allocation be managed?

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

(v) What will happen if
Chinook salmon bycatch by
vessels fishing under the optout allocation exceeds the
amount allocated to the A
season opt-out allocation?

NMFS will deduct from the B season opt-out allocation any Chinook
salmon bycatch in the A season that exceeds the A season opt-out
allocation.

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

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

(vii) Is Chinook salmon PSC
allocated to the opt-out
allocation transferable?

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

(6) Chinook salmon bycatch performance standard. 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 Chinook 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

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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 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
executive 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.

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(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 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 AFApermitted 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.

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(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 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.

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(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.

(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) Non-electronic 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.

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(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) Non-electronic submittal. The transferee's designated representative must sign and
date the application certifying that all information is true, correct, and complete.
(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 non-transferable Chinook salmon PSC allocations.

(ii) All vessels fishing under a non-transferable Chinook salmon PSC allocation, including vessels
fishing on behalf of a CDQ group, will be managed together by NMFS under that nontransferable allocation. If, during the fishing year, the Regional Administrator determines that a
seasonal non-transferable Chinook salmon PSC allocation will be reached, NMFS will publish a
notice in the FEDERAL REGISTER 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 non-transferable 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:

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(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 AFA-permitted 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.
(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.

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(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 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.
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(B) Duration. Once approved, an IPA is effective starting January 1 of the year following the
year in which NMFS 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 midyear. 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 writing. 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,
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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 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.
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50 CFR 679.21(f)(13)(ii)(E)

(E) The sub-allocation to each participating vessel of the number of Chinook salmon PSC and
amount of pollock (mt) at the start of each fishing season, and number of Chinook salmon
PSC and amount of pollock (mt) caught at the end of each season.
(F) The following information on in-season transfer of Chinook salmon PSC and pollock
among AFA cooperatives, entities eligible to receive Chinook salmon PSC allocations, or
CDQ groups:
(1) 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 in-season 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 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.

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50 CFR 679.21(f)(15)(ii)

(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.

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50 CFR 679.21(f)(15)(ii)(B)(4)

(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 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.

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50 CFR 679.21(g)(2)(ii)

(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 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
(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.

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(i)

50 CFR 679.21(h)(4)(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) . . .

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

(A) Trawl catcher/
processor sector

3,600

(B) Rockfish
Program catcher
vessel sector

1,200

(C) Non-Rockfish
Program catcher
vessel sector

2,700

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

3,120

4,080
N/A

2,340

3,060

(ii) For the Trawl catcher/processor sector defined in paragraph (h)(3)(i) of this section:
(A) The seasonal PSC limit prior to June 1 is 2,376 Chinook salmon if the annual Chinook
salmon PSC limit is 3,600. The seasonal PSC limit prior to June 1 is 2,693 Chinook salmon
if the annual Chinook salmon PSC limit is 4,080.
(B) The number of Chinook salmon PSC available on June 1 through the remainder of the
calendar year is the annual Chinook salmon PSC limit specified for the Trawl catcher/
processor sector minus the number of Chinook salmon used by that sector prior to June 1
and any Chinook salmon PSC limit reapportioned to another sector specified at paragraph
(h)(5)(iii) of this section prior to June 1.
(5) Inseason reapportionment of Chinook salmon PSC limits.
(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 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.

(ii) On November 15, the Regional Administrator may reallocate all remaining Chinook salmon PSC
available to the Rockfish Program catcher vessel sector, defined in paragraph (h)(3)(ii) of this
section, to the Non-Rockfish Program catcher vessel sector, but not to exceed the Non-Rockfish
Program catcher vessel sector's limit on Chinook salmon PSC reapportionment as defined in
paragraph (h)(5)(iv)(D) of this section.
(iii) Any Chinook salmon PSC limit in paragraphs (h)(2) or (h)(4) of this section projected by the
Regional Administrator to be unused during the remainder of the fishing year may be
reapportioned subject to the Chinook salmon PSC limits in paragraphs (h)(5)(iv)(A) through (D)
of this section for the remainder of the fishing year. NMFS will publish notification in the
FEDERAL REGISTER 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:
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50 CFR 679.21(h)(5)(iv)(A)

(A) 3,342 Chinook salmon to vessels participating in the directed fishery for pollock in the
Western reporting area of the GOA;
(B) 9,158 Chinook salmon to vessels participating in the directed fishery for pollock in the
Central reporting area of the GOA;
(C) 600 Chinook salmon to the Rockfish Program catcher vessel sector defined in paragraph
(h)(3)(ii) of this section; and
(D) 1,350 Chinook salmon to the Non-Rockfish Program catcher vessel sector defined in
paragraph (h)(3)(iii) of this section.
(6) Salmon retention.
(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 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
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50 CFR 679.22

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 § 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).

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50 CFR 679.22(a)(5)(ii)

(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.
(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.

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50 CFR 679.22(a)(7)(iv)

(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-and-line, 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.;
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
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50 CFR 679.22(a)(8)

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
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 no-fishing 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 Protection 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.
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50 CFR 679.22(a)(14)

(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 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.

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50 CFR 679.22(b)(2)(iii)

(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-and-line, 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.
(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).
(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.
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(i)

50 CFR 679.22(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-and-line 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:
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50 CFR 679.23(d)(3)(iii)(A)

(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 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 nonCDQ Pacific cod with vessels equal to or greater than 60 ft (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

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50 CFR 679.23(e)(5)(i)(B)

(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 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).

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50 CFR 679.23(h)

(h) Stand down requirements for trawl catcher vessels transiting between the BSAI and GOA.

(i)

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

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.

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

1200 hours A.l.t. on the third day after the date of landing or
transfer of all groundfish on board the vessel harvested in the
Western Regulatory Area of the GOA, unless you are
participating in a CDQ fishery.

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

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.

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 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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50 CFR 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 hook-and-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.
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50 CFR 679.24(a)(3)

(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 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).
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50 CFR 679.24(d)

(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. lat., 152°02′ W. long.
57°37′ N. lat., 151°25′ W. long.
57°23′ N. lat., 151°25′ W. long.
57°23′ N. lat., 152°02′ W. long.
57°37′ N. lat., 152°02′ W. long.
(ii) Sand Point Test Area.
54°50′ N. lat., 161°00′ W. long.
54°50′ N. lat., 160°30′ W. long.
54°35′ N. lat., 160°30′ W. long.
54°35′ N. lat., 161°00′ W. long.

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50 CFR 679.24(d)(4)(iii)

54°50′ N. lat., 161°00′ W. long.
(iii) Bering Sea Test Area.
55°00′ N. lat., 167°00′ W. long.
55°00′ N. lat., 166°00′ W. long.
54°40′ N. lat., 166°00′ W. long.
54°40′ N. lat., 167°00′ W. long.
55°00′ N. lat., 167°00′ W. long.
(e) Seabird avoidance program for vessels fishing with hook-and-line gear —
(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 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.
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50 CFR 679.24(e)(2)(v)(D)

(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:
(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:

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(i)

50 CFR 679.24(e)(4)(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.

(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, UV-protected 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-and-line 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, UV-protected plastic
tubing or 3⁄8 inch polyester line or material of an equivalent density.
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50 CFR 679.24(e)(4)(iv)

(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 hook-and-line gear in IPHC Area 4E in waters shoreward of the EEZ are exempt from seabird
avoidance regulations.
(f) Modified nonpelagic trawl gear. 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 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

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50 CFR 679.24(f)(2)(ii)

(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 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, fishing for IFQ or
CDQ halibut, or fishing for Cook Inlet EEZ Area salmon 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.
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50 CFR 679.25(a)(1)(iii)

(iii) Adjustment of TAC and PSC limits.
(iv) Interim closures of statistical areas, or portions thereof, to directed fishing for specified
groundfish species.
(v) Inseason closures of an area, district, or portions thereof, of harvest of specified halibut
fisheries.
(vi) Adjustment of TAC for any salmon species or stock and closure or opening of a season in all or
part of the Cook Inlet EEZ Area.
(2) Determinations.
(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

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50 CFR 679.25(a)(2)(iii)(D)

(D) Reopening of a management area or season to achieve the TAC or gear share of a TAC for
any of the target species.
(iv) The adjustment of a TAC or PSC limit for any species under paragraph (a)(1)(iii) of this section
must be based upon a determination by the Regional Administrator that the adjustment is
based upon the best available scientific information concerning the biological stock status of
the species in question and that the currently specified TAC or PSC limit is incorrect. Any
adjustment to a TAC or PSC limit must be reasonably related to the change in biological stock
status.
(v) The inseason closure of a statistical area, or a portion thereof, under paragraph (a)(1)(iv) of this
section shall not extend beyond a 60-day period unless information considered under
paragraph (b) of this section warrants an extended closure period. Any closure of a statistical
area, or portion thereof, to reduce prohibited species bycatch rates requires a determination by
the Regional Administrator that the closure is based on the best available scientific information
concerning the seasonal distribution and abundance of prohibited species and bycatch rates of
prohibited species associated with various groundfish fisheries.
(vi) Any inseason adjustment taken under paragraph (a)(1)(vi) of this section must be based on a
determination that such adjustments are necessary to prevent:
(A) Overfishing of any species or stock of fish or shellfish;
(B) Harvest of a TAC for any salmon species or stock that, on the basis of the best available
scientific information, is found by NMFS to be incorrectly specified; or
(C) Underharvest of a TAC for any salmon species or stock when catch information indicates
that the TAC has not been reached, and there is not a conservation or management
concern for any species or stock that would also be harvested with additional fishing
effort.
(vii) The selection of the appropriate inseason management adjustments under paragraphs
(a)(1)(vi) of this section must be from the following authorized management measures and
must be based on a determination by the Regional Administrator that the management
adjustment selected is the least restrictive necessary to achieve the purpose of the adjustment:
(A) Closure of a management area or portion thereof, or gear type, or season to all salmon
fishing; or
(B) Reopening of a management area or season to achieve the TAC for any of the salmon
species or stock without exceeding the TAC of any other salmon species or stock.
(viii) The adjustment of a TAC for any salmon species or stock under paragraph (a)(1)(vi) of this
section must be based upon a determination by the Regional Administrator that the adjustment
is based upon the best scientific information available concerning the biological stock status of
the species or stock in question and that the currently specified TAC is incorrect. Any
adjustment to a TAC must be reasonably related to the change in biological stock status.
(b) Data. Information relevant to one or more of the following factors may be considered in making the
determinations required under paragraphs (a)(2)(i), (ii), (vi) and (vii) of this section:
(1) The effect of overall fishing effort within a statistical area;
(2) Catch per unit of effort and rate of harvest;
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50 CFR 679.25(b)(3)

(3) Relative distribution and abundance of stocks of groundfish species, salmon species or stocks, and
prohibited species within all or part of a statistical area;
(4) Condition of a stock in all or part of a statistical area;
(5) Inseason prohibited species bycatch rates observed in groundfish fisheries in all or part of a
statistical area;
(6) Historical prohibited species bycatch rates observed in groundfish fisheries in all or part of a
statistical area;
(7) Economic impacts on fishing businesses affected; or
(8) Any other factor relevant to the conservation and management of groundfish species, salmon
species or stocks, or any incidentally caught species that are designated as prohibited species or for
which a PSC limit has been specified.
(c) Procedure.
(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 paragraph (a) of this section will
include the following information:
(i)

A description of the management adjustment.

(ii) Reasons for the adjustment and the determinations required under paragraph (a)(2)(i) of this
section.
(iii) The effective date and any termination date of such adjustment. If no termination date is
specified, the adjustment will terminate on the last day of the fishing year.
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50 CFR 679.26

[61 FR 31230, June 19, 1996, as amended at 75 FR 61642, Oct. 6, 2010; 81 FR 24733, Apr. 27, 2016; 85 FR 850, Jan. 8, 2020; 89
FR 34758, Apr. 30, 2024]

§ 679.26 Prohibited Species Donation Program.
(a) Authorized species. 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 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.
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50 CFR 679.26(b)(1)(xi)(B)

(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.
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50 CFR 679.26(c)(1)

(1) A vessel or processor retaining prohibited species under the PSD program must comply with all
applicable recordkeeping and reporting 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 prohibited species to
hunger relief agencies, food networks or food distributors as provided by this section. Such persons
may not consume or retain prohibited species for personal use and may not sell, trade or barter, or
attempt to sell, trade or barter any prohibited species that is retained under the PSD program, except
that processors may convert offal from salmon or halibut that has been retained pursuant to the
PSD program into fish meal, fish oil, or bone meal, and sell or trade these products.
(4) No prohibited species that has been sorted from a vessel's catch or landing may be retained by a
vessel or processor, or delivered to a delivery location under this section, unless the vessel or
processor and delivery location is included on the list provided to the Regional Administrator under
paragraph (b)(1)(xi), (b)(1)(xiii) or (b)(3)(v) of this section.
[61 FR 38359, July 24, 1996, as amended at 63 FR 32145, 32146, June 12, 1998; 65 FR 78121, Dec. 14, 2000; 66 FR 53122, Oct.
19, 2001; 67 FR 4148, Jan. 28, 2002; 69 FR 52612, Aug. 27, 2004; 75 FR 53067, Aug. 30, 2010; 77 FR 42636, July 20, 2012; 81 FR
24733, Apr. 27, 2016]

Effective Date Note: At 67 FR 4158, Jan. 28, 2002, § 679.26 was amended in paragraph (c)(3) by removing the
50 CFR 679.26(d)(4) (enhanced display)

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50 CFR 679.27

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 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. Notwithstanding 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:
If you own
or operate
a ...
(i) Catcher
vessel

(ii)
Catcher/
processor

and ...

you must retain on board until lawful transfer ...

(A) Directed fishing all fish of that species brought on board the vessel.
for an IR/IU
species is open
(B) Directed fishing
for an IR/IU
species is
prohibited

all fish of that species brought on board the vessel up to the MRA for
that species.

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

no fish of that species.

(A) Directed fishing a primary product from all fish of that species brought on board the
for an IR/IU
vessel.
species is open
(B) Directed fishing
for an IR/IU
species is
prohibited

50 CFR 679.27(c)(2) (enhanced display)

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.
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If you own
or operate
a ...

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

50 CFR 679.27(d)

you must retain on board until lawful transfer ...
no fish or product of that species.

(iii)
(A) Directed fishing a primary product from all fish of that species brought on board the
Mothership for an IR/IU
vessel
species is open
(B) Directed fishing
for an IR/IU
species is
prohibited

a primary product from all fish of that species brought on board the
vessel up to the point that the round-weight equivalent of primary
products on board equals the MRA for that species.

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

no fish or product of that species.

(d) Bleeding codends and shaking longline gear. 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...

then your total weight of retained or lawfully transferred products produced
from your catch or receipt of that IR/IU species during a fishing trip must...

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

equal or exceed 15 percent of the round-weight catch or round-weight delivery of
that species during the fishing trip.

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

equal or exceed 15 percent of the round-weight catch or round-weight delivery of
that species during the fishing trip or 15 percent of the MRA for that species,
whichever is lower.

(3) retention of an IR/
IU species is

equal zero.

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If...

50 CFR 679.27(j)

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...

prohibited,

(j)

[Reserved]

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

§ 679.28 Equipment and operational requirements.
(a) Applicability. 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
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.

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50 CFR 679.28(b)(1)(i)(G)

(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;
(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.
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50 CFR 679.28(b)(2)

(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 approved
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.
(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:
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50 CFR 679.28(b)(2)(vii)(C)(1)

(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 NMFSauthorized 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 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:
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50 CFR 679.28(b)(3)(iii)(B)(1)

(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 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;
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50 CFR 679.28(b)(5)(iii)(B)

(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 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.
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50 CFR 679.28(c)(2)

(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 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 NMFSstaff 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.

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(i)

50 CFR 679.28(c)(4)(i)

How does a scale pass an inseason test? To pass an inseason test, NMFS staff or NMFSauthorized 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

Maximum Error in Scale Divisions

(A) 0-500

1

(B) 501-2,000

2

(C) 2,001-4,000

3

(D) >4,000

5

(ii) How much weight is required to do an inseason scale test? Scales must be tested with the
amount and type of weight specified for each scale type in the following tables:

50 CFR 679.28(c)(4)(ii) (enhanced display)

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50 CFR 679.28(c)(4)(ii)(A)

(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

Minimum

(2) Maximum

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

Minimum

(2) 25 percent of maximum or 150 kg (300 lb), whichever is greater.

Maximum

(C) Platform or flatbed 0 to 150 kg (0 to 300 lb) capacity.
Certified Test Weights

Other test material

(1) 10 kg (20 lb)

Not Acceptable

(2) Midpoint

Not Acceptable

(3) Maximum

Not Acceptable

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

Other test material

(1) 10 kg (20 lb)

Not Acceptable

(2) 12.5 percent of maximum or 75 kg (150 lb),
whichever is greater

50 percent of maximum or 75 kg (150 lb),
whichever is greater

(3) 25 percent of maximum or 150 kg (300 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

Other test material

(1) 10 kg

Not Acceptable

(2) 25 kg

Not Acceptable

(3) 50 kg

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.

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50 CFR 679.28(c)(4)(iv)

(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. 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.
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50 CFR 679.28(d)(5)

(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), 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 nontrawl 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 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 § 679.102 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.
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50 CFR 679.28(d)(9)(iii)

(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. Inspection 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 § 679.102 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].
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50 CFR 679.28(e)

(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 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 120-day
period.
(vi) The system must record at a speed of no less than 5 unique frames per second at all times
when the use of a video monitoring system is required.
(vii) NMFS employees, or any individual authorized by NMFS, must be able to view any video footage
from any point in the trip using a 16-bit or better color monitor that can display all camera views
simultaneously and must be assisted by crew knowledgeable in the operation of the system.
(viii) Unless exempted under paragraph (D) below, a 16-bit or better color monitor must be provided
within the observer sampling station or at the location where the observer sorts and weighs
samples. The monitor:
(A) Must have the capacity to display all camera views simultaneously;
(B) Must be operating when the use of a video monitoring system is required;
(C) Must be securely mounted at or near eye level;
(D) Is not applicable to longline C/Ps subject to § 679.100(b)(2).
(2) How does a vessel owner or operator arrange for NMFS to conduct a video monitoring system
inspection? 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?

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(i)

50 CFR 679.28(e)(3)(i)

A diagram drawn to scale showing all sorting locations, the location of the motioncompensated 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, 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.
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50 CFR 679.28(f)(3)(iv)

(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 nonpelagic trawl or dredge gear onboard in adjacent State waters;
(iv) When that vessel is required to use functioning VMS equipment in the Rockfish Program as
described in § 679.7(n)(3);
(v) You operate a vessel in federal reporting areas 610, 620, or 630, and receive and process
groundfish from other vessels;
(vi) You operate an Amendment 80 catcher/processor (see § 679.5(s));
(vii) You are fishing for IFQ sablefish in the Bering Sea or Aleutian Islands (see § 679.42(k));
(viii) You are fishing for IFQ sablefish in the GOA using longline pot gear (see § 679.42(l)) or fishing
for IFQ or CDQ halibut or CDQ sablefish in the BSAI using pot gear (see § 679.42(m)); or
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50 CFR 679.28(f)(6)(ix)

(ix) You are required under the Crab Rationalization Program regulations at 50 CFR 680.23(d).
(x) You operate a vessel named, or required to be named, on an SFFP issued under § 679.114 in the
waters of Cook Inlet during a calendar day when directed fishing for salmon using drift gillnet
gear is open in the Cook Inlet EEZ Area and have drift gillnet gear on board or deployed.
(7) What additional requirements does an operator have if trawling in the Aleutian Islands reporting
areas? 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 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.

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50 CFR 679.28(g)(6)

(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.
(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.

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50 CFR 679.28(g)(7)(vi)

(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;
(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:
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50 CFR 679.28(g)(7)(ix)(A)

(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, describe 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.
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50 CFR 679.28(h)(1)(ii)(C)

(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 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 —

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50 CFR 679.28(i)(1)

(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 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.

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(j)

50 CFR 679.28(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 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 § 679.102 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.

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50 CFR 679.31(a)(2)(ii)

(ii) The proportions of the halibut catch limit annually withheld for the halibut CDQ program,
exclusive of issued QS, are as follows for each IPHC regulatory area (see Figure 15 to this part):
(A) Area 4B. 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 Magnuson-Stevens 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.

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50 CFR 679.31(c)

(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 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 hookand-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 § 679.5 to debit any other groundfish CDQ species caught while sablefish
CDQ fishing from applicable groundfish CDQ accounts.
(2) Pollock CDQ fishing —

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(i)

50 CFR 679.32(c)(2)(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.
(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).

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50 CFR 679.32(c)(3)(i)(C)(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 § 679.102, 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 category 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 precruise 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).

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50 CFR 679.32(c)(3)(ii)(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.
(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.
(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.

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50 CFR 679.32(c)(3)(iii)(C)(2)

(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 hook-and-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 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).

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50 CFR 679.32(d)(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 groundfish 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, 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.

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(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 nonCDQ 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
applicable 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; 88 FR 77231, Nov. 9, 2023]

§ 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.

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(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 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 ex-vessel values of CDQ halibut and fixed-gear 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 portgroup;
(2) Total ex-vessel value of IFQ halibut and sablefish and CDQ halibut in the Bering Sea
port-group; and
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(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:
(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 ex-vessel value of the catch subject to the CDQ fee liability
for the current year.
(3) Publication —

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(i)

50 CFR 679.33(c)(3)(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 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.

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50 CFR 679.33(e)

(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
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.

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50 CFR 679.40(a)(2)(iii)

(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 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.

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(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 person'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 less than or equal to 60 ft (18.3 m) LOA and did not process any
groundfish or halibut caught with fixed gear.

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(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 nonindividual 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.
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50 CFR 679.40(a)(8)

(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 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;
(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,
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50 CFR 679.40(c)

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 (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)]
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(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 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.

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50 CFR 679.40(g)

(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 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:
(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.

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50 CFR 679.41

[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
sablefish, 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.
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50 CFR 679.41(c)(6)

(6) The transfer would not cause the person applying to receive the QS or IFQ to exceed the use limits in
§ 679.42 (e) or (f).
(7) The transfer would not violate the provisions of paragraph (g) of this section.
(8)
(i)

The person applying to make or receive the IFQ or QS transfer has paid all IFQ fees that have
become due as a result of an initial administrative determination.

(ii) The person applying to make or receive the IFQ or QS transfer who has not paid all IFQ fees that
are due (as provided under § 679.45(a)) has timely appealed the administrative determination
that IFQ fees have not been paid in full and has submitted to NMFS an amount sufficient to
satisfy any disputed liability pending a final agency action.
(9) Other pertinent information requested on the Application for Transfer has been supplied to the
satisfaction of the Regional Administrator.
(10) If the person applying to transfer or receive QS or IFQ is a CQE, the following determinations are
required for each eligible community represented by that CQE:
(i)

An individual applying to receive IFQ from QS held by a CQE is an eligible community resident of
the eligible community in whose name the CQE is holding QS;

(ii) The CQE applying to receive or transfer QS, has submitted a complete annual report required by
§ 679.5 (t);
(iii) The CQE applying to transfer QS has provided information on the reasons for the transfer as
described in paragraph (g)(7) of this section;
(iv) The CQE applying to receive QS is eligible to hold QS on behalf of the eligible community in the
halibut or sablefish regulatory area designated for that eligible community in Table 21 to this
part; and
(v) The CQE applying to receive QS has received notification of approval of eligibility to receive QS/
IFQ for that community as described in paragraph (d)(1) of this section.
(11) If the person applying to receive or transfer QS is an RQE, the following determinations are required:
(i)

The RQE applying to receive or transfer QS, has submitted the timely and complete annual
report required by § 679.5(v);

(ii) The RQE applying to receive QS is eligible to hold QS on behalf of the charter halibut sector in
IFQ regulatory area 2C or 3A; and
(iii) The RQE applying to receive QS has received notification of approval of eligibility to receive QS
on behalf of the charter halibut sector in IFQ regulatory area 2C or 3A as described in paragraph
(d)(1) of this section.
(12) The person applying to receive QS assigned to vessel category B, C, or D is not a corporation,
partnership, association, or other non-individual entity, except as specified in paragraph (g)(3) of this
section.
(13) If the person applying to receive halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory
areas 4B, 4C, or 4D is a CDQ group, the following determinations are required:
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(i)

50 CFR 679.41(c)(13)(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 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.

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50 CFR 679.41(d)(5)(ii)

(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.
(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
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50 CFR 679.41(e)(3)(i)

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 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,
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50 CFR 679.41(g)(5)

operation of law, or as part of a security agreement. The Regional Administrator may request a copy
of the sales contract or other terms and conditions of transfer between two persons as
supplementary information to the transfer application.
(5) A CQE may not hold QS in halibut IFQ regulatory area 2C that is assigned to vessel category D.
(i)

A CQE may not hold QS in halibut IFQ regulatory area 3A that is assigned to vessel category D
on behalf of a community that is located in halibut IFQ regulatory areas 2C or 3B as listed in
Table 21 to part 679.

(ii) In aggregate, CQEs may not hold an amount of QS in halibut IFQ regulatory area 3A that is
assigned to vessel category D in excess of 1,233,740 QS units.
(6) IFQ derived from QS held by a CQE on behalf of an eligible community:
(i)

In the GOA may be used only by an eligible community resident of that community.

(ii) In the Aleutian Islands subarea may be used by any person who has received an approved
Application for Eligibility as described in paragraph (d) of this section prior to February 28, 2028
and only by an eligible community resident of Adak, AK, after February 28, 2028.
(7) A CQE may transfer QS:
(i)

To generate revenues to provide funds to meet administrative costs for managing the
community QS holdings;

(ii) To generate revenue to improve the ability of residents within the community to participate in
the halibut and sablefish IFQ fisheries;
(iii) To generate revenue to purchase QS to yield IFQ for use by community residents;
(iv) To dissolve the CQE; or
(v) As a result of a court order, operation of law, or as part of a security agreement.
(8) If the Regional Administrator determines that a CQE transferred QS for purposes other than those
specified in paragraph (g)(7) of this section, then:
(i)

The CQE must divest itself of any remaining QS holdings and will not be eligible to receive QS by
transfer for a period of three years after the effective date of final agency action on the
Regional Administrator's determination; and

(ii) The Regional Administrator will not approve a CQE to represent the eligible community in whose
name the CQE transferred quota for a period of three years after the effective date of final
agency action on the Regional Administrator's determination.
(9) For transfers of QS to an RQE, the RQE may only receive halibut QS that is assigned to IFQ regulatory
area 2C or 3A.
(10) For transfers of QS from an RQE:
(i)

Quota category and block designations at time of purchase by an RQE are retained if QS is
transferred to an eligible QS holder for use in the IFQ program.

(ii) NMFS will not issue any IFQ from any QS transferred from an RQE to a QS holder for use in the
IFQ program for a calendar year if that QS resulted in the issuance of RFQ to an RQE during that
calendar year.
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(11)
(i)

To maintain eligibility as the RQE authorized by NMFS, the RQE must be a non-profit entity
incorporated under the laws of the State of Alaska and recognized as exempt from Federal
income tax by the Internal Revenue Service as required by paragraph (n)(1)(ii) of this section.

(ii) If the Regional Administrator determines the RQE approved by NMFS does not meet the
requirements specified in paragraph (n)(1) of this section, NMFS will notify the RQE of the
Regional Administrator's determination and specify that the RQE has 60 days to meet the
requirements in paragraph (n)(1) of this section to maintain eligibility as the RQE authorized by
NMFS.
(iii) If the RQE demonstrates to NMFS within 60 days of notification that it meets the requirements
in paragraph (n)(1) of this section, NMFS will notify the RQE that it remains the authorized RQE.
(iv) If the RQE does not demonstrate to NMFS within 60 days of notification that it meets the
requirements in paragraph (n)(1) of this section, NMFS will issue an initial administrative
determination (IAD):
(A) Revoking authorization of the RQE;
(B) Disallowing the RQE from receiving any QS by transfer;
(C) Requiring the CQE to divest of any QS that it holds; and
(D) Withholding the issuance of RFQ based on any QS that the RQE holds.
(v) The RQE will have the opportunity to appeal the IAD through the National Appeals Office under
the provisions established at 15 CFR part 906.
(h) Transfer of IFQ.
(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.

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(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 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 × [CDQPCT −
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
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contrary intent was expressed by the decedent in a will. The Regional Administrator will approve an
Application for Transfer to 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;

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(C) A description of how the non-profit entity is qualified to manage QS on behalf of the
eligible community, or communities, it is designated to represent, and a demonstration
that the non-profit entity has the management, technical expertise, and ability to manage
QS and IFQ; and
(D) The name of the non-profit organization, taxpayer ID number, NMFS person number,
permanent business mailing addresses, name of contact persons and additional contact
information of the managing personnel for the non-profit entity, resumes of management
personnel, name of community or communities represented by the CQE, name of contact
for the governing body of each community represented, date, name and signature of
applicant.
(iv) A statement describing the procedures that will be used to determine the distribution of IFQ to
eligible community residents and non-residents of the community represented by that CQE,
including:
(A) Procedures used to solicit requests from eligible community residents and non-residents
to lease IFQ; and
(B) Criteria used to determine the distribution of IFQ leases among qualified community
residents and non-residents and the relative weighting of those criteria.
(v) A statement of support from the governing body of the eligible community as that governing
body is identified in Table 21 to this part. That statement of support is:
(A) A resolution from the City Council or other official governing body for those eligible
communities incorporated as first or second class cities in the State of Alaska;
(B) A resolution from the tribal government authority recognized by the Bureau of Indian
Affairs for those eligible communities that are not incorporated as first or second class
cities in the State of Alaska; but are represented by a tribal government authority
recognized by the Secretary of the Interior; or
(C) A resolution from a non-profit community association, homeowner association,
community council, or other non-profit entity for those eligible communities that are not
incorporated as first or second class cities in the State of Alaska, and is not represented
by a tribal government authority recognized by the Bureau of Indian Affairs. The non-profit
entity that provides a statement of support must:
(1) 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 non-profit community association, homeowner
association, community council, or other non-profit entity within that community with an
established relationship with the Alaska Department of Community and Economic

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50 CFR 679.41(l)(3)(v)(D)(1)

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 non-profit 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 nonprofit community association, homeowner association, community council, or other nonprofit 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 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;
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(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 temporary 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 —

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(i)

50 CFR 679.41(m)(5)(i)

Initial evaluation. The Regional Administrator will evaluate an application for a temporary
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;

(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

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(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.
(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.

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(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-and-line 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 hook-and-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.
(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:

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50 CFR 679.42(d)(1)

(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 available 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:

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50 CFR 679.42(d)(2)(iii)(F)(1)

(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.
(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.

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(2) In the IFQ regulatory area east of 140° W. long., no person, individually or collectively, may use more
than 688,485 units of sablefish QS for this area, except if the amount of a person's initial allocation
of sablefish QS is greater than 688,485 units, in which case that person may not use more than the
amount of the initial allocation.
(3) No CQE may hold sablefish QS in the IFQ regulatory area of the Bering Sea subarea.
(4) No CQE may hold more than:
(i)

3,229,721 units of sablefish QS on behalf of any single eligible community in the GOA; or

(ii) 4,789,874 units of sablefish QS on behalf of any single eligible community in the Aleutian
Islands subarea.
(5) In the IFQ regulatory area east of 140° W. long., no CQE may hold more than 688,485 units of
sablefish QS for this area on behalf of any single eligible community.
(6) In the aggregate, all CQEs are limited to holding a maximum of:
(i)

21 percent of the total QS in each regulatory area specified in § 679.41(e)(2)(i) through (e)(2)(iv)
of this part for sablefish.

(ii) 15 percent of the total QS specified in § 679.41(e)(2)(v) of this part for sablefish.
(7) No individual that receives IFQ derived from sablefish QS held by a CQE may hold, individually or
collectively, more than 50,000 lb (22.7 mt) of IFQ sablefish derived from any sablefish QS source.
(8) A CQE receiving category B or C sablefish QS through transfer and representing an eligible
community:
(i)

In the GOA may lease the IFQ resulting from that QS only to an eligible community resident of
the eligible community on whose behalf the QS is held; and

(ii) In the Aleutian Islands subarea may lease the IFQ resulting from that QS to any person who has
received an approved Application for Eligibility as described in § 679.41(d) prior to February 28,
2028, but only to an eligible community resident of Adak, AK, after February 28, 2028.
(9) A CQE representing an eligible community in the Aleutian Islands subarea may receive by transfer or
use sablefish QS only in the Aleutian Islands subarea.
(f) Halibut QS use.
(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:
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(i)

50 CFR 679.42(f)(2)(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 resulting from that QS only to an eligible community resident of the eligible community
represented by the CQE.

(ii) In IFQ regulatory Area 4B may lease the IFQ resulting from that QS to any person who has
received an approved Application for Eligibility as described in § 679.41(d) prior to February 28,
2028 but only to an eligible community resident of Adak, AK, after February 28, 2028.
(8)
(i)

Annual transfer limits. 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:

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(i)

50 CFR 679.42(g)(1)(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 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 regulatory Areas 4A, 4B, 4C, and 4D is excluded from the calculation of vessel use
caps for IFQ regulatory Area 2C, 3A, or 3B during the 2023 through 2027 fishing years.

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50 CFR 679.42(h)(2)

(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:
(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.

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(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
interest in the vessel during the 12-month period previous to the application by the individual for
a hired master permit.
(2) Paragraph (i)(1) of this section does not apply to any individual who received an initial allocation of
QS assigned to category B, C, or D and who, prior to April 17, 1997, employed a master to fish any of
the IFQ issued to that individual, provided the individual continues to own the vessel from which the
IFQ is being fished at no lesser percentage of ownership interest than that held on April 17, 1997,
and provided that this individual has not acquired additional QS through transfer after September 23,
1997.
(3) Paragraph (i)(1) of this section does not apply to individuals who received an initial allocation of QS
assigned to vessel category B, C, or D for halibut in IFQ regulatory Area 2C or for sablefish QS in the
IFQ regulatory area east of 140° W. long., and this exemption is not transferable.
(4) The exemption provided in paragraph (i)(1) of this section may be exercised by an individual on a
vessel owned by a corporation, partnership, association or other non-individual entity in which the
individual is a shareholder, partner, or member, provided that during the 12-month period previous to
the application by the individual for a hired master permit, the individual continuously maintained a
minimum 20-percent ownership interest in the vessel owned by the corporation, partnership,
association or other non-individual entity. For purposes of this paragraph, an individual's interest in a
vessel is determined by the percentage ownership by the individual of a corporation, partnership,
association or other non-individual entity that has an ownership interest in the vessel multiplied by
the percentage of ownership of the vessel by the corporation, partnership, or other non-individual
entity.
(5) IFQ derived from QS held by a CQE must be used only by the individual whose IFQ permit account
contains the resulting IFQ.
(6) In the event of the total loss or irreparable damage to a vessel owned by an individual who qualifies
for the exemption in paragraph (i)(1) of this section, the individual may remain exempt under
paragraph (i)(1) of this section until December 31 of the year following the year in which the vessel
was lost or damaged, provided that the individual meets the following requirements:
(i)

The loss or irreparable damage to the vessel was caused by an act of God, an act of war, a
collision, an act or omission of a party other than the individual or agent of the individual, or any
other event not caused by the willful misconduct of the individual or agent of the individual.

(ii) The lost or irreparably damaged vessel is a commercial fishing vessel that was previously used
to harvest halibut IFQ or sablefish IFQ of the individual who qualifies for the exemption in
paragraph (i)(1) of this section;

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50 CFR 679.42(i)(6)(iii)

(iii) As part of the application for exemption, the individual submits to NMFS a copy of the USCG
Form 2692 submitted to the USCG as specified in 46 CFR 4.05; and
(iv) The individual is applying to use a hired master on a vessel in which the individual has a
minimum 20-percent ownership interest as of the date of the application by the individual for a
hired master permit.
(7) In the event of temporary disablement of a vessel owned by an individual who qualifies for the
exemption in paragraph (i)(1) of this section, the individual may remain exempt under paragraph
(i)(1) of this section until December 31 of the year following the year in which the vessel was
disabled, provided that the individual meets the following requirements:
(i)

The temporary disablement of the vessel results from repairs required by an accident that
materially and adversely affected the vessel's seaworthiness or fitness for service, such as
from sinking, grounding, or fire;

(ii) The repairs from the accident require at least 60 days to be completed;
(iii) The disabled vessel is a commercial fishing vessel that was previously used to harvest halibut
IFQ or sablefish IFQ of the individual who qualifies for the exemption in paragraph (i)(1) of this
section;
(iv) The individual submits to NMFS a copy of the USCG Form 2692 submitted to the USCG as
specified in 46 CFR 4.05; and
(v) The individual is applying to use a hired master on a vessel in which the individual has a
minimum 20-percent ownership interest as of the date of the application by the individual for a
hired master permit.
(8) Paragraphs (i)(1) and (i)(4) of this section do not apply to any QS assigned to vessel category B, C, or
D received by transfer by any person described in paragraph (i)(1) after February 12, 2010, except a
hired master may be used to harvest IFQ derived from QS blocks that were consolidated under §
679.41(e)(2) or (e)(3) after February 12, 2010, and before December 1, 2014.
(j)

Use of IFQ resulting from QS assigned to vessel category B, C, or D by corporations, partnerships, or other
non-individual entities.
(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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50 CFR 679.42(j)(2)

(2) The provision of paragraph (j)(1) of this section is not transferable and does not apply to QS
assigned to vessel category B, C, or D for halibut in IFQ regulatory Area 2C or for sablefish in the IFQ
regulatory area east of 140° W. long. that is transferred to a corporation, partnership, association, or
other non-individual entity. Such transfers of additional QS within these areas must be to an
individual pursuant to § 679.41(c) and be used pursuant to paragraphs (c) and (i) of this section.
(3) A corporation, partnership, association, or other non-individual entity, except for a publicly held
corporation, that receives an initial allocation of QS assigned to vessel category B, C, or D loses the
exemption provided under this paragraph (j) on the effective date of a change in the corporation,
partnership, association, or other non-individual entity from that which existed at the time of initial
allocation.
(4) For purposes of this paragraph (j), “a change” means:
(i)

For corporations and partnerships, the addition of any new shareholder(s) or partner(s), except
that a court appointed trustee to act on behalf of a shareholder or partner who becomes
incapacitated is not a change in the corporation, partnership, association, or other nonindividual entity; or

(ii) For estates, the final or summary distribution of the estate.
(5) The Regional Administrator must be notified of a change in the corporation, partnership, association,
or other non-individual entity as defined in this paragraph (j) within 15 days of the effective date of
the change. The effective date of change, for purposes of this paragraph (j), is the date on which the
new shareholder(s) or partner(s) may realize any corporate liabilities or benefits of the corporation,
partnership, association, or other non-individual entity or, for estates, the date of the determination of
a legal heir to the estate, or the date of the order for distribution of the estate.
(6) QS assigned to vessel category B, C, or D and IFQ resulting from that QS held in the name of a
corporation, partnership, association, or other non-individual entity that changes, as defined in this
paragraph (j), must be transferred to an individual, as prescribed in § 679.41, before it may be used
at any time after the effective date of the change.
(7) A corporation, partnership, association, or other non-individual entity that received an initial
allocation of QS assigned to category B, C, or D and that, prior to April 17, 1997, employed a master
to fish any of the IFQ issued to that corporation, partnership, association, or other non-individual
entity may continue to employ a master to fish its IFQ on a vessel owned by the corporation,
partnership, association, or other non-individual entity provided that the corporation, partnership,
association, or other non-individual entity continues to own the vessel at no lesser percentage of
ownership interest than that held on April 17, 1997, and provided that corporation, partnership,
association, or other non-individual entity did not acquire additional QS through transfer after
September 23, 1997.
(8) A corporation, partnership, or other non-individual entity, except for a publicly held corporation, that
receives an allocation of QS must provide annual updates to the Regional Administrator identifying
all current shareholders, partners, or members to the individual person level and affirming the entity's
continuing existence as a corporation or partnership, or other non-individual entity.
(9) The exemption provided in this paragraph (j) may be exercised by a corporation, partnership,
association or other non-individual entity on a vessel owned by a person who is a shareholder in the
corporation, partnership, association, or other non-individual entity, provided that the corporation,
partnership, association, or other non-individual entity maintains a minimum of 20-percent interest in
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50 CFR 679.42(j)(10)

the vessel. For purposes of this paragraph (j), interest in a vessel is determined as the percentage of
ownership in the corporation, partnership, association, or other non-individual entity by that person
who is a shareholder in the corporation, partnership, association, or other non-individual entity,
multiplied by the percentage of ownership in the vessel by that person who is a shareholder in the
corporation, partnership, association, or other non-individual entity.
(10) Paragraphs (j)(1) and (j)(9) of this section do not apply to any QS assigned to vessel category B, C, or
D received by transfer after February 12, 2010, by an entity described in paragraph (j)(1) except a
hired master may be used to harvest IFQ derived from QS that were consolidated under §
679.41(e)(2) or (e)(3) after February 12, 2010, and before December 1, 2014.
(k) Sablefish vessel clearance requirements —
(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).

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50 CFR 679.42(l)(5)(i)(C)

(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 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

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50 CFR 679.42(l)(6)(i)(B)

(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 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
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50 CFR 679.43

appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 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.

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50 CFR 679.43(g)(3)(ii)

(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:
(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:
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(i)

50 CFR 679.43(m)(1)(i)

Orders a hearing as provided in paragraph (g)(3) of this section; and

(ii) Determines that the issues to be resolved at hearing can be resolved by allowing the appellant
to present written materials to support his/her position.
(2) After ordering a written hearing, the appellate officer will:
(i)

Provide the appellant with notification that a written hearing has been ordered.

(ii) Provide the appellant with a statement of issues to be determined at hearing.
(iii) Provide the appellant with 30 days to file a written response. The appellant may also provide
documentary evidence to support his/her position. The period to file a written response may be
extended at the sole discretion of the appellate officer, if the appellant shows good cause for
the extension.
(3) The appellate officer may, after reviewing the appellant's written response and documentary
evidence:
(i)

Order that an oral hearing be held, as provided in paragraph (h)(2) of this section, to resolve
issues that cannot be resolved through the written hearing process;

(ii) Request supplementary evidence from the appellant before closing the record; or
(iii) Close the record.
(4) The appellate officer will close the record and issue a decision after determining that the information
on the record is sufficient to render a decision.
(n) Oral hearing.
(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.
(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.

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50 CFR 679.43(n)(3)(ii)

(ii) The possibility of obtaining stipulations, admissions of facts, and agreements to the
introduction of documents.
(iii) The possibility of settlement or other means to facilitate resolution of the case.
(iv) Such other matters as may aid in the disposition of the proceedings.
(4) The appellate officer must provide the appellant with notification of a pre-hearing conference, if one
is ordered, at least 30 days in advance of the conference. All action taken at the pre-hearing
conference will be made part of the record.
(5) At the beginning of the oral hearing, the appellate officer may first seek to obtain stipulations as to
material facts and the issues involved and may state any other issues on which he/she may wish to
have evidence presented. Issues to be resolved at the hearing will be limited to those identified by
the appellate officer as provided in paragraph (g)(3) of this section. The appellant will then be given
an opportunity to present his/her case.
(6) During the oral hearing, the appellant has the right to present reliable and material oral or
documentary evidence and to conduct such cross-examination as may be required in the interests of
justice.
(7) After the conclusion of the oral hearing, the appellant may be given time by the appellate officer to
submit any supplementary information that may assist in the resolution of the case.
(8) The appellate officer will close the record and issue a decision after determining that the information
on the record is sufficient to render a decision.
(o) Review by the Regional Administrator. 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 non-transferable license expires upon the resolution of
the appeal.

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50 CFR 679.44

[61 FR 31230, June 19, 1996, as amended at 62 FR 17753, Apr. 11, 1997; 63 FR 52657, Oct. 1, 1998; 63 FR 64879, Nov. 24, 1998;
65 FR 78118, Dec. 14, 2000; 66 FR 27911, May 21, 2001; 67 FR 4148, Jan. 28, 2002; 67 FR 64317, Oct. 18, 2002; 67 FR 72611,
Dec. 6, 2002; 68 FR 44487, July 29, 2003; 70 FR 10238, Mar. 2, 2005; 70 FR 16754, Apr. 1, 2005; 77 FR 6501, Feb. 8, 2012; 85 FR
8481, Feb. 14, 2020]

§ 679.44 Penalties.
Any person committing, or a fishing vessel used in the commission of, a violation of the Magnuson-Stevens Act or
Halibut Act, or any regulation issued under the Magnuson-Stevens Act or Halibut Act, is subject to the civil and
criminal penalty provisions and civil forfeiture provisions of the Magnuson-Stevens Act or Halibut Act, to part 600 of
this chapter, to 15 CFR part 904 (Civil Procedures), and to other applicable law. Penalties include but are not limited
to permanent or temporary sanctions to QS and associated IFQ.

§ 679.45 IFQ cost recovery program.
(a) Cost recovery fees —
(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
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

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50 CFR 679.45(a)(2)(i)(D)

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 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.
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(i)

50 CFR 679.45(b)(1)(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 exvessel 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 —

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50 CFR 679.45(d)(1)

(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).
(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:
(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.

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50 CFR 679.45(e)(1)(ii)

(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 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.

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50 CFR 679.45(f)(6)

(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); 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 —
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50 CFR 679.51(a)(1)

(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 provider 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.
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50 CFR 679.51(a)(1)(ii)(C)(4)

(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.

(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-by-case 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 hook-and-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.
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50 CFR 679.51(a)(2)(iii)

(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-and-line 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.
(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.

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50 CFR 679.51(a)(2)(vi)(B)(2)

(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.
(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.
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50 CFR 679.51(a)(2)(vi)(E)

(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 § 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 § 679.102 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.
(H) Catcher/processors using pot gear for groundfish fishing. A catcher/processor subject to §
679.101(a) must comply with the following observer coverage requirements:
(1) Observer coverage. A catcher/processor must have aboard at least one Level 2
observer, as defined in § 679.53(a)(5)(iv).
(2) Increased observer coverage option. A catcher/processor may carry more than one
observer. A vessel choosing this option must have aboard at least one Level 2
observer as described in paragraph (a)(2)(vi)(H)(1) of this section.
(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.

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50 CFR 679.51(a)(3)(ii)

(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.
(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.

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(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 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 consecutivehour 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
processor until at least 12 hours after offload and sampling of the catcher vessel's delivery is
completed.
(c) NMFS employee observers.
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50 CFR 679.51(c)(1)

(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, deck-bosses, 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:

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50 CFR 679.51(e)(1)(ii)(B)(1)

(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 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.
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50 CFR 679.51(e)(1)(v)

(v) Access. Allow observers free and unobstructed access to the vessel's bridge, trawl or working
decks, holding bins, processing areas, freezer spaces, weight scales, cargo holds, and any other
space that may be used to hold, process, weigh, or store fish or fish products at any time.
(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 observer-sampled portions of
hauls using hook-and-line gear or as requested by an observer during non-sampled
portions of hauls.
(G) During halibut deck sorting, providing halibut to the observer on deck.
(ix) Transfer at sea.
(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.
(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.
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50 CFR 679.51(e)(2)(iii)

(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 pointto-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 —
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(i)

50 CFR 679.51(f)(1)(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://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 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.

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50 CFR 679.51(f)(1)(x)

(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.
(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.
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50 CFR 679.51(f)(5)

(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 fishing in a fishery subject to EM coverage.
(iv) Comply with all elements of the VMP when selected for EM coverage in ODDS.
(v) Maintain the EM system, including the following:
(A) Ensure power is maintained to the EM system at all times when the vessel is underway.
(B) Ensure the system is functioning for the entire fishing trip, camera views are unobstructed
and clear in quality, and catch and discards may be completely viewed, identified, and
quantified.
(C) Ensure EM system components are not tampered with, disabled, destroyed, or operated or
maintained improperly.
(vi) Complete pre-departure function test and daily verification of EM system.
(A) Prior to departing port, the vessel operator must conduct a system function test following
the instructions from the EM service provider. The vessel operator must verify that the EM
system has adequate memory to record the entire fishing trip.
(1) 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 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.

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(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.

(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; 88 FR 77231, Nov. 9, 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).

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50 CFR 679.52(a)(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 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;

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50 CFR 679.52(a)(4)(i)(B)

(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 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.

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(ii) Prior to hiring an observer candidate, the observer provider must provide to the candidate
copies of NMFS-prepared pamphlets and other information describing observer duties.
(iii) For each observer employed by an observer provider, either a written contract or a written
contract addendum must exist that is signed by the observer and observer provider prior to the
observer's deployment and that includes the following conditions for continued employment:
(A) That all 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 in-person 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
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:
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50 CFR 679.52(b)(3)(ii)(A)

(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 services 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;

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(B) For a period not to exceed 24 hours following completion of an offload for which the
observer has duties and is scheduled to disembark; or
(C) For a period not to exceed 24 hours following the vessel's arrival in port when the observer
is scheduled to disembark.
(iv) During all periods an observer is housed on a vessel, the observer provider must ensure that the
vessel operator or at least one crew member is aboard.
(v) Each observer deployed to a shoreside processing facility must be provided with individually
assigned communication equipment in working order, such as a cell phone or pager, for
notification of upcoming deliveries or other necessary communication. Each observer assigned
to a shoreside processing facility located more than 1 mile from the observer's local
accommodations shall be provided with motorized transportation that will ensure the
observer's arrival at the processing facility in a timely manner such that the observer can
complete his or her assigned duties.
(8) Limit observer deployment. 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 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.

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(i)

50 CFR 679.52(b)(11)(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 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

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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 Observer 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
(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;

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(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.
(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.

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50 CFR 679.52(b)(13)

(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 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
Program 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.

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50 CFR 679.53(a)(3)

(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 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

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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 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 (H). 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]
(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.
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(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 —

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50 CFR 679.53(c)(1)

(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 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; 88 FR 77231, Nov.
9, 2023]

§ 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.
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50 CFR 679.54(a)(3)

(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 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) 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]

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50 CFR 679.55

§ 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 section 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)

Not applicable, an
FFP is required to
harvest these
groundfish in the
EEZ

Yes.

(2) Groundfish listed in Table 2a to this part that are
harvested in Alaska State waters, including in a parallel
groundfish fishery, and subtracted from a total allowable
catch limit specified under § 679.20(a)

No

Yes.

(3) Sablefish IFQ, regardless of where harvested

Yes

Yes.

(4) Halibut IFQ or halibut CDQ, regardless of where
harvested

Yes

Yes.

(5) Groundfish listed in Table 2a to this part that are
harvested in Alaska State waters, but are not subtracted
from a total allowable catch limit under § 679.20(a)

No

No.

(6) Any groundfish or other species not listed in Table 2a to
part 679, except halibut IFQ or CDQ halibut, regardless of

No

No.

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50 CFR 679.55(d)

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:

where harvested

(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.
(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 ex-vessel prices. Except as described in paragraph (d)(3)(ii) of this section,
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, nonpelagic 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.
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50 CFR 679.55(f)

(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 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 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]

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50 CFR 679.60

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 inshore sector catcher vessel cooperatives,
signing cooperative fishing permit applications and completing and submitting inshore catcher
vessel pollock cooperative catch reports.
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50 CFR 679.61(c)(2)

(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
5-year 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 contract 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.
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50 CFR 679.61(e)(1)(iii)

(iii) Specify the amount or percentage of pollock allocated to each party to the contract.
(iv) Specify a designated representative and agent for service of process.
(v) Include a contract clause under which the parties to the contract agree to make payments to
the State of Alaska for any pollock harvested in the directed pollock fishery that are not landed
in the State of Alaska, in amounts which would otherwise accrue had the pollock been landed in
the State of Alaska subject to any landing taxes established under Alaska law. Failure to include
such a contract clause or for such amounts to be paid will result in a revocation of the authority
to form fishery cooperatives under section 1 of the Act of June 25, 1934 (15 U.S.C. 521 et seq.).
(vi) List the obligations of members of a cooperative, governed by this section, to ensure the full
payment of all AFA fee liabilities that may be due.
(2) Additional required elements in all fishery cooperatives that include AFA catcher vessels. 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 vessel-byvessel basis;

(ii) The cooperative's actual retained and discarded catch of pollock, sideboard species, and PSC
on an area-by-area and vessel-by-vessel basis;
(iii) A description of the method used by the cooperative to monitor fisheries in which cooperative
vessels participated;
(iv) A description of any actions taken by the cooperative in response to any vessels that exceed
their allowed catch and bycatch in pollock and all sideboard fisheries; and
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50 CFR 679.61(f)(2)(v)

(v) The total weight of pollock landed outside the State of Alaska on a vessel-by-vessel basis.
(vi) The number of salmon taken by species and season, and list each vessel's number of
appearances on the weekly “dirty 20” lists for non-Chinook salmon.
(3) What is the required format? 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 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 suballocation 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 nonCDQ 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 (USCG documentation number 651041); or OCEAN PHOENIX (USCG
documentation number 296779) over the 3-year period from 1995 through 1997, then all nonCDQ 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.

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50 CFR 679.62(a)(1)(iv)

(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 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:
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(i)

50 CFR 679.62(b)(2)(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 contract 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 non-member 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 nonmember 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 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 non-member 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 coop 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]

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50 CFR 679.63

§ 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 § 679.102,
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 deliveries 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; 88 FR 77231, Nov. 9, 2023]

§ 679.64 Harvesting sideboard limits in other fisheries.
(a) Harvesting sideboards for listed AFA catcher/processors and catcher/processors designated on listed AFA
catcher/processor permits. 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 AFA and from fishery cooperatives in the BS subarea directed
pollock fishery.

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50 CFR 679.64(a)(1)

(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 nonpollock 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

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50 CFR 679.64(a)(1)(v)

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 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.
(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.

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50 CFR 679.64(b)(2)(iv)

(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 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?

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(i)

50 CFR 679.64(b)(5)(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 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.
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50 CFR 679.65(c)(3)

(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 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.
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50 CFR 679.66(a)(3)

(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.
(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).
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50 CFR 679.66(c)(2)

(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 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.
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50 CFR 679.66(c)(5)(iii)

(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/processor sector's Bering Sea pollock
allocation that is equal to the portion of the fee liability submitted by the entity's designated
representative.
(4) If the designated representative fails to submit full payment for the AFA fee liability by the date
described in paragraph (a)(4) of this section, the Regional Administrator, at any time thereafter, may
send an IAD to the designated representative stating that the estimated fee liability, based on the
information submitted by the designated representative, is the AFA fee liability due from the
designated representative.
(5) If the designated representative fails to submit full payment for the AFA fee liability by the date
described at paragraph (a)(4) of this section, the Regional Administrator will not issue a Bering Sea
pollock allocation to that AFA cooperative or AFA sector for the following calendar year, except as
provided in paragraph (d)(3) of this section.
(6) Upon final agency action determining that the designated representative has not submitted the AFA
fee liability payment, the Regional Administrator may continue to not issue a Bering Sea pollock
allocation for that AFA cooperative or AFA sector for any subsequent calendar years until NMFS
receives the unpaid fees. If payment is not received by the 30th day after the final agency action, the
agency may pursue collection of the unpaid fees.
(e) Over payment. 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.

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50 CFR 679.66(g)

(g) Annual report. Each year, NMFS will publish a report describing the AFA Cost Recovery Fee Program.
[81 FR 168, Jan. 5, 2016]

§ 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;
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50 CFR 679.67(b)(2)(iii)(B)

(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 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.

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50 CFR 679.67(c)(5)(ii)

(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
pollock fee liability by the date described in paragraph (a)(3) of this section, the Regional
Administrator may at any time thereafter send an IAD to the Aleut Corporation's designated
representative stating that the estimated fee liability, based on the information submitted by the
designated representative, is the Aleutian Islands pollock fee liability due from the Aleut Corporation.
(3) If the Aleut Corporation's designated representative fails to submit full payment by the Aleutian
Islands pollock fee liability payment deadline described at paragraph (a)(3) of this section, the
Regional Administrator will not issue the Aleutian Islands directed pollock fishery allocation to the
Aleut Corporation for that calendar year.
(4) Upon final agency action determining that the Aleut Corporation has not paid its Aleutian Islands
pollock fee liability, the Regional Administrator may continue to not issue the Aleutian Islands
directed pollock fishery allocation for any subsequent calendar years until NMFS receives the unpaid
fees. If payment is not received by the 30th day after the final agency action, the agency may pursue
collection of the unpaid fees.
(e) Over payment. 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]

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.
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50 CFR 679.80(a)

(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
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50 CFR 679.80(b)(3)

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 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 that establishes an alternative
means for distributing the catch history to the LLP licenses.

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50 CFR 679.80(c)(3)

(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 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.
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50 CFR 679.80(d)(4)(iii)

(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:
(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.

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50 CFR 679.80(e)(2)(ii)

(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 ∑Highest 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 Administrator 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/Σ 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:
(Σ All Highest 5 Yearss/0.975) −Σ 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.

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50 CFR 679.80(e)(5)

(5) Non-severability of rockfish QS from an LLP license. Rockfish QS assigned to an LLP license is nonseverable from 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
another LLP license may not be severed from the receiving LLP license.
[76 FR 81277, Dec. 27, 2011; 77 FR 38014, June 26, 2012, as amended at 86 FR 11904, Mar. 1, 2021; 86 FR 14855, Mar. 19, 2021]

§ 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.

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50 CFR 679.81(a)(2)(ii)

(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 TACsassigned 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 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 cooperatives in the Catcher/Processor
Sector)].
(c) Allocations of rockfish secondary species CQ to rockfish cooperatives —

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50 CFR 679.81(c)(1)

(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 × (Σ Rockfish QS units for all rockfish primary
species assigned to that rockfish cooperative/Σ Rockfish QS units for all rockfish primary species
assigned to all rockfish cooperatives in the catcher/processor sector).
(ii) CQ assigned to rockfish cooperatives in the catcher vessel sector. The CQ for a 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 × (Σ Rockfish QS units for all rockfish primary species
assigned to that rockfish cooperative/Σ Rockfish QS units assigned to all rockfish cooperatives for
all rockfish primary species in the catcher vessel sector).
(d) Allocations of rockfish halibut PSC CQ to rockfish cooperatives —
(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.

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50 CFR 679.81(d)(2)

(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 × (Σ Rockfish QS units assigned to that rockfish cooperative/Σ Rockfish QS units
assigned to all rockfish cooperatives in the catcher/processor sector).
(ii) CQ assigned to rockfish cooperatives in the catcher vessel sector. 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 × (Σ Rockfish QS units assigned to that rockfish cooperative/Σ Rockfish QS units
assigned to all rockfish cooperatives in the catcher vessel sector).
(e) Assigning rockfish QS to a rockfish cooperative —
(1) General. Each calendar year, a person that is participating in the Rockfish Program may assign an
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.
50 CFR 679.81(e)(1) (enhanced display)

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(i)

50 CFR 679.81(e)(1)(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 opted-out 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.
(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;

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50 CFR 679.81(f)(4)(i)(C)

(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;
(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.
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50 CFR 679.81(h)

(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
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.

50 CFR 679.81(i)(1)(iv) (enhanced display)

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50 CFR 679.81(i)(1)(v)

(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.
Requirement

Catcher vessel sector

Catcher/processor sector

(i) Who may join a
rockfish cooperative?

Only persons who hold rockfish QS may join a rockfish cooperative.

(ii) What is the
minimum number of
LLP licenses that
must be assigned to
form a rockfish
cooperative?

No minimum requirement.

(iii) Is an association
with a rockfish
processor required?

Yes, a rockfish QS holder may only be a member of a
No.
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

(iv) Is a rockfish
No
cooperative member
required to deliver
catch to the rockfish
processor with whom
the rockfish
cooperative is
associated?

N/A.

(v) Is there a
No
minimum amount of
rockfish QS that must

No.

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Requirement

50 CFR 679.81(i)(3)

Catcher vessel sector

Catcher/processor sector

be assigned to a
rockfish cooperative
for it to be allowed to
form?
(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
Yes
processor be
associated with more
50 CFR 679.81(i)(3) (enhanced display)

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.

N/A.

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Requirement

50 CFR 679.81(i)(3)

Catcher vessel sector

Catcher/processor sector

than one rockfish
cooperative?
(xv) Can an LLP
N/A
license be assigned
to a rockfish
cooperative and optout of participating in
a rockfish
cooperative?

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 Yes, see § 679.82(a) for the provisions that apply.
how much CQ a
vessel may harvest?
(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

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

50 CFR 679.81(i)(3) (enhanced display)

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Requirement

50 CFR 679.81(i)(4)

Catcher vessel sector

Catcher/processor sector

flatfish fishery in the
Central GOA and I
catch groundfish and
halibut PSC, does
that count 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 applying the use caps established under § 679.82(a). NMFS will not approve a transfer
if that member would exceed the use cap as a result of the transfer. Rockfish secondary
species or halibut PSC CQ is not assigned to a specific member of a rockfish cooperative;
(G) A rockfish cooperative in the catcher/processor sector may not transfer any sideboard
limit assigned to it; and
(H) After November 15 of the year for which the CQ permit is issued, or upon approval of a
rockfish cooperative termination of fishing declaration described in § 679.4(n)(2):
(1) A cooperative may only use rockfish primary species and rockfish secondary species
CQ for transfer;
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(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).
(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 successor-in-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 reallocation to rockfish cooperatives × (Amount of
CQ for that Central Gulf of Alaska rockfish species initially assigned to that rockfish
cooperative/Σ CQ for that Central Gulf of Alaska rockfish species initially assigned to all
rockfish cooperatives in the respective sector).
[76 FR 81277, Dec. 27, 2011; 77 FR 2478, Jan. 18, 2012, as amended at 80 FR 80703, Dec. 28, 2015; 86 FR 11904, Mar. 1, 2021]

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50 CFR 679.82

§ 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 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.

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(i)

50 CFR 679.82(a)(5)(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.
(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 opted-out 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.

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50 CFR 679.82(c)(2)

(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

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50 CFR 679.82(d)(4)

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, deepwater 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.
(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 nonAmendment 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 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 shallowwater 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.
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50 CFR 679.82(e)(4)

(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.

(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 opted-out 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 shallow-water 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

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50 CFR 679.82(e)(9)(ii)

(ii) Sum the shallow-water ratios of all LLP licenses assigned to that rockfish cooperative and
multiply this result by the amount set out in paragraph (e)(5)(ii) of this section; and
(iii) A rockfish cooperative may not exceed any deep-water or shallow-water halibut PSC sideboard
limits assigned to that cooperative when directed fishing for species other than rockfish.
(10) Assigning a halibut PSC limit to catcher/processor opt-out vessels. 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 deep-water or shallowwater 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 deep-water or shallow-water halibut PSC
complex, then the Regional Administrator may not allow directed fishing and set the allowance
to zero for the deep-water or shallow-water halibut PSC complex for catcher/processor opt-out
vessels from July 1 through July 31.
(iii) Upon determining that a halibut PSC sideboard limit is or will be reached, the Regional
Administrator will publish notification in the FEDERAL REGISTER 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, 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):

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(i)

50 CFR 679.82(f)(1)(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;
(D) June 29, 2003, through July 5, 2003;
(E) July 4, 2004, through July 10, 2004;
(F) July 3, 2005, through July 9, 2005; and
(G) July 2, 2006, through July 8, 2006.

(ii) For purposes of determining participation in a directed groundfish fishery for paragraph (f)(2)(i)
of this section, a vessel may participate:
(A) In the flathead sole and shallow-water flatfish fisheries if that vessel participated in a
directed groundfish fishery for either of these two fisheries during any 2 years during the
2000 through 2006 qualifying period defined in paragraph (f)(2)(i) of this section; and
(B) In the arrowtooth flounder, deep-water flatfish, and rex sole fisheries if that vessel
participated in a directed groundfish fishery for any of these three fisheries during any 2
years during the 2000 through 2006 qualifying period defined in paragraph (f)(2)(i) of this
section.
[76 FR 81277, Dec. 27, 2011, as amended at 86 FR 11904, Mar. 1, 2021]

§ 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).
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50 CFR 679.83(a)(3)

(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 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 § 679.102, 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 pre-cruise meeting.
The pre-cruise meeting must minimally include the vessel operator or manager and any observers
assigned to the vessel.

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50 CFR 679.84(c)(8)

(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 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.

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50 CFR 679.84(g)(2)

(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,
(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; 88 FR 77231, Nov. 9, 2023]

§ 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 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 —

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(i)

50 CFR 679.85(a)(3)(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 primary 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:
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(i)

50 CFR 679.85(c)(2)(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.
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.

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50 CFR 679.85(d)(1)

(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.
(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 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, §

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50 CFR 679.90(a)

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 demonstrated on an abstract of title or USCG documentation;
(B) That person holds an Amendment 80 LLP license at the time of application for
Amendment 80 QS;
(C) That person is a U.S. citizen;
(D) That person submits a timely application for Amendment 80 QS that is approved by NMFS
as described in paragraph (b) of this section; and
(E) A person is not eligible to receive an Amendment 80 QS permit based on the legal landings
of that Amendment 80 vessel under the provisions of paragraph (a)(2)(ii) of this section.

(ii) Holder of an Amendment 80 LLP license. A 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;

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50 CFR 679.90(a)(2)(ii)(C)

(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 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;

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50 CFR 679.90(b)(4)(i)(F)

(F) For an applicant claiming Amendment 80 legal landings associated with an Amendment
80 vessel, enter the following information for each Amendment 80 vessel: USCG
documentation number of vessel on which Amendment 80 legal landings were caught and
processed, vessel name, ADF&G vessel registration number, and LLP license held by that
person at the time of application;
(G) If an Amendment 80 vessel has suffered an actual total loss, constructive total loss, or is
permanently ineligible to receive a fishery endorsement under 46 U.S.C. 12108, provide
clear and unambiguous documentation in written form that the Amendment 80 vessel has
suffered an actual total loss, constructive total loss, or is permanently ineligible to receive
a fishery endorsement under 46 U.S.C. 12108; and
(H) If applicable, a copy of the express terms of a written contract held by the applicant that
clearly and unambiguously indicates that the owner of the Amendment 80 vessel that has
suffered has an actual total loss, constructive total loss, or is permanently ineligible to
receive a fishery endorsement under 46 U.S.C. 12108 has transferred all rights and
privileges to use Amendment 80 legal landings and any resulting Amendment 80 QS or
exclusive harvest privilege from that Amendment 80 vessel to the person holding the LLP
license originally assigned to that Amendment 80 vessel.
(ii) Applicant signature and certification. 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 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.

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50 CFR 679.90(c)(2)

(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 landing 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/Σ All Highest Five Years × 100 = Percentage of the Total.
The result (quotient) of this equation is the Percentage of the Total for that Amendment 80
vessel for that Amendment 80 species.

(ii) Aleutian Islands Pacific ocean perch and BSAI Pacific cod. Multiply 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.
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50 CFR 679.90(d)(1)(iii)

(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-Σ Percentage of the Total
assigned to all Amendment 80 vessels under paragraph (d)(1)(iii)(A) of this section) =
Adjusted Percentage of the Total for that Amendment 80 vessel.
(C) Multiply the Adjusted Percentage of the Total for that Amendment 80 vessel by the
Amendment 80 initial QS pool for BSAI rock sole and BSAI yellowfin sole as set forth in
Table 32 to this part. This yields the number of Amendment 80 QS units for that
Amendment 80 vessel for BSAI rock sole or BSAI yellowfin sole.
(iv) BSAI flathead sole.
(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.
(B) All Amendment 80 vessels that did have Amendment 80 legal landings during 1998
through 2004 will have the Percentage of the Total assigned to that Amendment 80 vessel
as calculated in paragraph (d)(1)(i)(D) of this section adjusted to account for the
assignment of the Percentage of the Total to Amendment 80 vessels under paragraph
(d)(1)(iv)(A) of this section for BSAI flathead sole as presented in the following equation:
Percentage of the Total for that Amendment 80 vessel × (100-Σ Percentage of the Total
assigned to all Amendment 80 vessels under paragraph (d)(1)(iv)(A) of this section) =
Adjusted Percentage of the Total for that Amendment 80 vessel.
(C) Multiply the Adjusted Percentage of the Total for that Amendment 80 vessel by the
Amendment 80 initial QS pool for BSAI flathead sole as set forth in Table 32 to this part.
This yields the number of Amendment 80 QS units for that Amendment 80 vessel for BSAI
flathead sole.
(v) BSAI Atka mackerel.
(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

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that Amendment 80 non-mackerel vessel based on the percentage of Amendment 80 legal
landings in that Atka mackerel management area from 1998 through 2004 for that
Amendment 80 non-mackerel vessel.
(C) The sum of the Amendment 80 QS units allocated to all Amendment 80 non-mackerel
vessels is the Total Amendment 80 non-mackerel QS pool.
(D) The sum of the Amendment 80 QS units allocated to all Amendment 80 mackerel vessels
is the Total Amendment 80 mackerel QS pool.
(2) Assigning Amendment 80 QS units to an Amendment 80 permit. 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.

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(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 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:
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(i)

50 CFR 679.91(a)(2)(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.
(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.

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(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.

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50 CFR 679.91(b)(5)(vii)

(vii) 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.
(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 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 non-mackerel ITAC in each management area using the
following equation:
Non-mackerel ITAC in a management area = (Amendment 80 non-mackerel QS units
designated for that management area/Total Atka mackerel QS pool) × Amendment 80
sector ITAC in all management areas.
(B) Determine the amount of mackerel ITAC in each management area using the following
equation:
Mackerel ITAC in a management area = Amendment 80 sector ITAC in that management
area − Non-mackerel ITAC in that management area.
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50 CFR 679.91(c)(3)(iii)(C)

(C) Determine the amount of non-mackerel CQ assigned to the Amendment 80 cooperative
using the following equation:
Non-mackerel CQ assigned to that Amendment 80 cooperative = (Amendment 80 nonmackerel QS units designated for that management area assigned to that Amendment 80
cooperative/Amendment 80 non-mackerel QS pool in that management area) × Nonmackerel 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 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 determined according to the procedure in §
679.21(b)(1)(i). That halibut PSC limit 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 cooperatives 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 annual halibut PSC established according to the procedure in §
679.21(b)(1)(i) by the percentage of the Amendment 80 halibut PSC apportioned to each
Amendment 80 species as established in table 36 to this part. This yields the halibut PSC
apportionment for that Amendment 80 species.

(ii) For each Amendment 80 species, divide the amount of Amendment 80 QS units assigned to an
Amendment 80 cooperative by the Amendment 80 QS pool. This yields the percentage of
Amendment 80 QS units held by that Amendment 80 cooperative.
(iii) For each Amendment 80 species, multiply the halibut PSC apportionment for that Amendment
80 species established in paragraph (d)(2)(i) of this section by the percentage of the
Amendment 80 QS pool assigned to an Amendment 80 cooperative for that Amendment 80
species established in paragraph (d)(2)(ii) of this section. This yields the amount of halibut PSC
apportioned to that cooperative for that Amendment 80 species.
(iv) For each Amendment 80 cooperative, sum the results of paragraph (d)(2)(iii) of this section for
all Amendment 80 species. This yields the amount of Amendment 80 halibut PSC assigned to
that Amendment 80 cooperative as CQ.
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50 CFR 679.91(d)(3)

(3) Amount of Amendment 80 halibut PSC assigned to the Amendment 80 limited access fishery. The
amount of Amendment 80 halibut PSC limit assigned to the Amendment 80 limited access fishery is
equal to the amount of halibut PSC assigned to the Amendment 80 sector, as established according
to the procedure in § 679.21(b)(1)(i), less 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 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.

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50 CFR 679.91(e)(2)(ii)

(ii) For each Amendment 80 species, divide the amount of Amendment 80 QS units assigned to an
Amendment 80 cooperative by the Amendment 80 QS pool. This yields the percentage of
Amendment 80 QS units held by that Amendment 80 cooperative.
(iii) For each Amendment 80 species, multiply the Amendment 80 crab PSC apportionment to that
Amendment 80 species established in paragraph (e)(2)(i) of this section by the percentage of
the Amendment 80 QS pool held by an Amendment 80 cooperative as established in paragraph
(e)(2)(ii) of this section. This yields the amount of Amendment 80 crab PSC apportioned to that
Amendment 80 cooperative for that Amendment 80 species.
(iv) For each Amendment 80 crab PSC, sum the results of paragraph (e)(2)(iii) for all Amendment
80 species. This yields the amount of that Amendment 80 crab PSC assigned to that
Amendment 80 cooperative.
(3) Amount of Amendment 80 crab PSC assigned to the Amendment 80 limited access fishery. 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 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 —

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(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 well-being of Amendment 80
cooperatives;
(iv) Current catch and PSC use in the BSAI trawl limited access sector;
(v) Historic catch and PSC use in the BSAI trawl limited access sector;
(vi) Harvest capacity and any stated intent on the future harvesting patterns of vessels in the BSAI
trawl limited access sector;
(vii) Administrative requirements to reissue CQ permits; and
(viii) Any other relevant biological, socioeconomic, or administrative factors.
(3) Rollover of Amendment 80 species. 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 / Σ 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:

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50 CFR 679.91(f)(5)

Amount of additional CQ issued to an Amendment 80 cooperative = Maximum amount of
halibut PSC available for reallocation to Amendment 80 cooperatives × (Amount of halibut PSC
CQ initially assigned to that Amendment 80 cooperative / Σ halibut PSC CQ initially assigned to
all Amendment 80 cooperatives).
(5) Rollover of crab PSC. 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 / Σ 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.
(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)

Non-electronic 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)

Non-electronic submittal. The transferee's designated representative must sign and date the
application certifying that all information is true, correct, and complete.

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(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 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.

(ii) What is the
minimum
number of
Amendment 80
QS permits that
must be

Any combination of at least seven Amendment 80 QS permits which would include
Amendment 80 LLP/QS licenses.

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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?

At least two Amendment 80 QS holders each of whom may not have a ten percent or
greater direct or indirect ownership interest in any of the other Amendment 80 QS
holders.

(iv) Is there a
minimum
amount of
Amendment 80
QS units that
must be
assigned to an
Amendment 80
cooperative for
it to be allowed
to form?

No.

(v) What is
allocated to the
Amendment 80
cooperative?

CQ for each Amendment 80 species, crab PSC, and halibut PSC, based on the amount of
Amendment 80 QS units assigned to the cooperative.

(vi) Is this CQ
an exclusive
catch and use
privilege?

Yes, the members of the Amendment 80 cooperative have an exclusive privilege to
collectively catch and use this CQ, or an Amendment 80 cooperative can transfer all or a
portion of this CQ to another Amendment 80 cooperative.

(vii) Is there a
period in a
calendar year
during which
designated
vessels must
catch CQ?

Yes, any Amendment 80 vessel designated to catch CQ for an Amendment 80
cooperative is prohibited from catching CQ during the season closure for trawl gear in
the BSAI specified at § 679.23(c) unless regulations at § 679.23 applicable to an
Amendment 80 species in the BSAI are more restrictive than those established in §
679.23(c), in which case the more restrictive regulations will apply.

(viii) Can any
vessel catch an
Amendment 80
cooperative's
CQ?

No, only Amendment 80 vessels that are assigned to that Amendment 80 cooperative for
that calendar year in the application for CQ may catch and process the CQ assigned to
that Amendment 80 cooperative.

(ix) Can a
member of an
Amendment 80
cooperative
transfer CQ

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.

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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?

No, GOA sideboard limits are not assigned to specific persons or Amendment 80
cooperatives. GOA sideboard limits are assigned to the Amendment 80 sector.

(xi) Can an
Amendment 80
QS permit,
Amendment 80
LLP license, or
Amendment 80
vessel be
assigned to
more than one
Amendment 80
cooperative in a
calendar year?

No, an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 vessel
may be assigned to only one Amendment 80 cooperative in a calendar year. A person
holding multiple Amendment 80 QS permits, Amendment 80 LLP licenses, or owning
multiple Amendment 80 vessels is not required to assign all Amendment 80 QS permits,
Amendment 80 LLP licenses, or Amendment 80 vessels to the same Amendment 80
cooperative or the Amendment 80 limited access fishery.

(xii) Can an
Amendment 80
QS permit,
Amendment 80
LLP license, or
Amendment 80
vessel be
assigned to an
Amendment 80
cooperative
and the
Amendment 80
limited access
fishery?

No, an Amendment 80 QS permit, Amendment 80 LLP license, or Amendment 80 vessel
assigned to an Amendment 80 cooperative may not be assigned to the Amendment 80
limited access fishery for that calendar year. Prior to the 2014 fishing year, a person
holding multiple Amendment 80 QS permits, Amendment 80 LLP licenses, or owning
multiple Amendment 80 vessels is not required to assign all Amendment 80 QS permits,
Amendment 80 LLP licenses, or Amendment 80 vessels to the same Amendment 80
cooperative or the Amendment 80 limited access fishery. Starting with the 2014 fishing
year and thereafter, a person holding multiple Amendment 80 QS permits, Amendment
80 LLP licenses, or owning multiple Amendment 80 vessels must assign all Amendment
80 QS permits, Amendment 80 LLP licenses, or Amendment 80 vessels to either one or
more Amendment 80 cooperatives, or the Amendment 80 limited access fishery.

(xiii) Which
members may
catch the
Amendment 80
cooperative's
CQ?

Use of a cooperative's CQ permit is determined by the Amendment 80 cooperative
contract signed by its members. Any violations of this contract by a cooperative member
may be subject to civil claims by other members of the Amendment 80 cooperative.

(xiv) Does an
Amendment 80

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

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cooperative
need a
membership
agreement or
contract?

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.

(xv) What
happens if the
Amendment 80
cooperative
membership
agreement or
contract is
modified during
the fishing
year?

A copy of the amended Amendment 80 membership agreement or contract must be
sent to NMFS in accordance with § 679.4(a)(4).

(xvi) What
happens if the
Amendment 80
cooperative
exceeds its CQ
amount?

An Amendment 80 cooperative is not authorized to catch Amendment 80 species or use
crab PSC or halibut PSC in excess of the amount on its CQ permit. Exceeding a CQ
permit is a violation of the regulations. Each member of the Amendment 80 cooperative
is jointly and severally liable for any violations of the Amendment 80 Program
regulations while fishing under the authority of a CQ permit. This liability extends to any
persons who are hired to catch or receive CQ assigned to an Amendment 80
cooperative. Each member of an Amendment 80 cooperative is responsible for ensuring
that all members of the cooperative comply with all regulations applicable to fishing
under the Amendment 80 Program.

(xvii) Is there a
limit on how
much CQ an
Amendment 80
cooperative
may hold or
use?

No, but each Amendment 80 QS holder is subject to use caps, and an Amendment 80
vessel may be subject to vessel use caps. See § 679.92(a).

(xviii) Is there a
limit on how
much CQ a
vessel may
catch?

Yes, an Amendment 80 vessel may not catch more than 20 percent of the aggregate
Amendment 80 species ITAC assigned to the Amendment 80 sector for that calendar
year. See § 679.92(a) for use cap provisions.

(xix) Are there
any special
reporting
requirements?

Yes, the designated representative of the Amendment 80 cooperative must submit an
annual Amendment 80 cooperative report as described under § 679.5(s). In addition,
each member of an Amendment 80 cooperative must submit a timely and complete EDR
as described under § 679.94.

(xx) Is there a
Yes, see § 679.95 for the provisions that apply.
requirement
that an
Amendment 80
cooperative pay
Amendment 80
cost recovery
fees?
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(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 successor-in-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; 88 FR 82770, Nov. 24, 2023]

§ 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

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(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.
(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 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:

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(i)

50 CFR 679.92(b)(2)(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.
(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
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(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 § 679.102, 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 § 679.102, 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.
(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 pre-cruise 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.
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(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 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.

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(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 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.
[72 FR 52726, Sept. 14, 2007, as amended at 75 FR 53069, Aug. 30, 2010; 78 FR 12632, Feb. 25, 2013; 81 FR 67118, Sept. 30,
2016; 83 FR 30533, June 29, 2018; 84 FR 55053, Oct. 15, 2019; 88 FR 77231, Nov. 9, 2023]

§ 679.94 Economic data report (EDR) for the Amendment 80 sector.
(a) Annual Trawl Catcher/Processor Economic Data Report (EDR) —
(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:
(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.
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(2) A person required to submit the Annual Trawl Catcher/Processor EDR or designated representative, if
applicable, must respond to inquiries by NMFS, the DCA within 20 days of the date of issuance of the
inquiry.
[79 FR 71318, Dec. 2, 2014, as amended at 88 FR 7591, Feb. 6, 2023]

§ 679.95 Amendment 80 Program cost recovery.
(a) Cost recovery fee program for Amendment 80 —
(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.
(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 —

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(i)

50 CFR 679.95(b)(2)(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 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:
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50 CFR 679.95(c)(2)(ii)(A)

(A) DPC = the direct program costs for the Amendment 80 Program for the most recent fiscal
year (October 1 through September 30) with any adjustments to the account from
payments received in the previous year.
(B) V = total of the standard ex-vessel value of the landings subject to the Amendment 80 fee
liability for the current year.
(3) Publication —
(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).

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50 CFR 679.95(d)(3)

(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 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—Additional Equipment and Operational Requirements for Motherships and Catcher/
Processors
§ 679.100 Longline Catcher/Processor Subsector.
The owner and operator of a vessel named on an LLP license with a Pacific cod catcher/processor hook-and-line
endorsement for the Bering Sea, Aleutian Islands or both the Bering Sea and Aleutian Islands subareas (BSAI) must
comply with the requirements of this section.
(a) Opt out selection. Each year, the owner of a vessel subject to this section 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 1st 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 website. 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 section 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 website. The vessel
owner must comply with the selected monitoring option at all times when the vessel is operating in either
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50 CFR 679.100(b)(1)

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.
(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.

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50 CFR 679.100(b)(2)(iii)

(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; 88 FR 77231, Nov. 9, 2023]

§ 679.101 Catcher/processors using pot gear for groundfish fishing.
(a) Applicability. The owner and operator of a vessel named on an LLP license with a Pacific cod catcher/
processor pot gear endorsement for the Bering Sea, Aleutian Islands or both the Bering Sea and Aleutian
Islands subareas (BSAI) must comply with the requirements of this section when using pot gear for
groundfish fishing as a catcher/processor in the Bering Sea or Aleutian Islands.
(b) Pre-cruise meeting. The Observer Program must be 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. If requested by NMFS, the pre-cruise meeting must minimally include the vessel
operator or manager and any observers assigned to the vessel.
(c) Additional monitoring options. The owner or operator of a vessel subject to this section may choose any,
all, or none of the following monitoring options described in paragraphs (c)(1) through (c)(3) of this
section. Should an owner or operator choose any of these monitoring options, the owner and operator
must comply with the applicable requirements described in paragraphs (c)(1) through (c)(3) of this
section.
(1) Observer sampling station option. Under this option, an observer sampling station meeting the
requirements at § 679.28(d), unless otherwise approved by NMFS, must be provided for observer
use. This option is selected by obtaining an Observer Sampling Station Inspection Report as detailed
in § 679.28(d)(10)(iii) and will remain in place for the 12-month duration approved in the Observer
Sampling Station Inspection Report.
(2) Increased observer coverage option. Under this option, if two observers are aboard the vessel
meeting the requirements at § 679.51(a)(2)(vi)(H)(2), at least one of the observers must be
endorsed as a Level 2 observer in accordance with § 679.53(a)(5)(iv).

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50 CFR 679.101(c)(3)

(3) NMFS-approved total catch weighing scales option. Under this option, a vessel owner and operator
may install a NMFS-approved scale for weighing total catch of Pacific cod. This option is selected by
obtaining a Scale Inspection Report as detailed in § 679.28(b)(2)(vii) and will remain in place for the
12-month duration approved in the Scale Inspection Report. Under this option—
(i)

A vessel owner and operator with an approved Scale Inspection Report must ensure that—
(A) All Pacific cod brought on board the vessel is weighed on a NMFS-approved scale in
compliance with the scale requirements at § 679.28(b), and that each set is weighed and
recorded separately;
(B) The vessel is in compliance with the video monitoring requirements described at §
679.28(k); and
(C) The vessel is in compliance with the requirements for electronic logbooks at § 679.5(f) at
all times during that year.

(ii) [Reserved]
[88 FR 77232, Nov. 9, 2023]

§ 679.102 Halibut deck sorting.
(a) Applicability. The owner and operator of a mothership or catcher/processor using trawl gear in the nonpollock 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 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, 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).

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50 CFR 679.102(c)

(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
pre-cruise 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 NMFSapproved 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, 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.

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50 CFR 679.102(d)(5)

(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 NMFS-approved 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 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).
[84 FR 55054, Oct. 15, 2019. Redesignated at 88 FR 77232, Nov. 9, 2023]

Subpart J—Salmon Fishery Management
Source: 89 FR 34759, Apr. 30, 2024, unless otherwise noted.

§ 679.110 Applicability.
This subpart contains regulations governing the commercial and recreational harvest of salmon in the Salmon
Management Area (See § 679.2).

§§ 679.111-679.113 [Reserved]

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50 CFR 679.114

§ 679.114 Permits.
(a) Requirements —
(1) What permits are available? The following table describes the permits available under this subpart
that authorize the retention, processing, and receipt of salmon in the Cook Inlet EEZ Area,
respectively, along with date of effectiveness for each permit and reference paragraphs for further
information:
If permit type is:
(i) Salmon Federal Fisheries Permit
(SFFP)

Permit is in effect from issue date through
the end of:
3 years or until expiration date shown on
permit

For more information,
see . . .
Paragraph (b) of this
section.

(ii) Salmon Federal Processor Permit Until expiration date shown on permit
(SFPP)

Paragraph (c) of this
section.

(iii) Registered Salmon Receiver
Permit (RSRP)

Paragraph (d) of this
section.

1 year

(2) Permit and logbook required by participant and fishery. For the various types of permits issued
pursuant to this subpart, refer to § 679.115 for recordkeeping and reporting requirements.
(3) Permit application.
(i)

A person may obtain an application for a new permit, or for renewal or revision of an existing
permit, from NMFS for any of the permits under this section and must submit forms to NMFS
as instructed in application instructions. All permit applications may be completed online and
printed from the NMFS Alaska Region website (See § 679.2);

(ii) Upon receipt of an incomplete or improperly completed permit application, NMFS will notify the
applicant of the deficiency in the permit application. If the applicant fails to correct the
deficiency, the permit will not be issued. NMFS will not approve a permit application that is
untimely or incomplete;
(iii) The owner or authorized representative of a vessel, owner or authorized representative of a
processor, and Registered Salmon Receiver must obtain a separate permit for each vessel,
entity, operation, or facility, as appropriate to each Federal permit in this section;
(iv) All permits are issued free of charge;
(v) NMFS will consider objective written evidence in determining whether an application is timely.
The responsibility remains with the sender to provide objective written evidence of when an
application to obtain, amend, or to surrender a permit was received by NMFS (e.g., certified mail
or other method that provides written evidence that NMFS Alaska Region received it); and
(vi) For applications delivered by hand delivery or carrier, the date the application was received by
NMFS is the date NMFS staff signs for it upon receipt. If the application is submitted by fax or
mail, the receiving date of the application is the date stamped received by NMFS.
(4) Disclosure. NMFS will maintain a list of permit holders that may be disclosed for public inspection.

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(5) Sanctions and denials. Procedures governing permit sanctions and permit denials for enforcement
purposes are found at subpart D of 15 CFR part 904. Such procedures are not required for any other
purposes under this part.
(6) Harvesting privilege. Permits issued pursuant to this subpart are neither a right to the resource nor
any interest that is subject to the “Takings Clause” provision of the Fifth Amendment to the U.S.
Constitution. Rather, such 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.
(7) Permit surrender.
(i)

NMFS will recognize the voluntary surrender of a permit issued under this subpart, if a permit is
authorized to be surrendered and if an application is submitted by the permit holder or
authorized representative and approved by NMFS; and

(ii) For surrender of an SFFP and SFPP, refer to paragraphs (b)(3)(ii) and (c)(3)(ii) of this section,
respectively.
(b) Salmon Federal Fisheries Permit (SFFP) —
(1) Requirements.
(i)

No vessel of the United States may be used to commercially fish for salmon in the Cook Inlet
EEZ Area unless the owner or authorized representative first obtains an SFFP for the vessel
issued under this part. Only persons who are U.S. citizens are authorized to obtain an SFFP; and

(ii) Each vessel used to commercially fish for salmon within the Cook Inlet EEZ Area must have a
legible copy of a valid SFFP on board at all times. The vessel operator must present the valid
SFFP for inspection upon the request of any authorized officer.
(2) Vessel operation. An SFFP authorizes a vessel to conduct operations in the Cook Inlet EEZ Area.
(3) Duration —
(i)

Length of permit effectiveness. NMFS issues SFFPs on a 3-year cycle, and an SFFP is in effect
from the effective date through the expiration date, as indicated on the SFFP, unless the SFFP is
revoked, suspended, or modified under § 600.735 or § 600.740 of this chapter, or surrendered
in accordance with paragraph (a)(7) of this section.

(ii) Surrendered permit.
(A) An SFFP may be voluntarily surrendered in accordance with paragraph (a)(7) of this
section. NMFS will not reissue a surrendered SFFP to the owner or authorized
representative of a vessel named on an SFFP until after the expiration date of the
surrendered SFFP as initially issued.
(B) An owner or authorized representative who applied for and received an SFFP must notify
NMFS of the intention to surrender the SFFP by submitting an SFFP application found at
the NMFS Alaska Region website and indicating on the application that surrender of the
SFFP is requested. Upon receipt and approval of an SFFP surrender application, NMFS will
withdraw the SFFP from active status.
(4) Amended permit. An owner or authorized representative who applied for and received an SFFP must
notify NMFS of any change in the permit information by submitting an SFFP application found at the
NMFS Alaska Region website. The owner or authorized representative must submit the application
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form as instructed on the form. Except as provided under paragraph (b)(3)(ii)(B) of this section, upon
receipt and approval of an application form for permit amendment, NMFS will issue an amended
SFFP.
(5) SFFP application. To obtain, amend, renew, or surrender an SFFP, the vessel owner or authorized
representative must complete an SFFP application form per the instructions from the NMFS Alaska
Region website. The owner or authorized representative of the vessel must sign and date the
application form, certifying that all information is true, correct, and complete to the best of their
knowledge and belief. If the application form is completed by an authorized representative, proof of
authorization must accompany the application form.
(6) Issuance.
(i)

Except as provided in subpart D of 15 CFR part 904, upon receipt and approval of a properly
completed permit application, NMFS will issue an SFFP required by paragraph (b) of this
section.

(ii) NMFS will send an SFFP with the appropriate logbooks to the owner or authorized
representative, as provided under § 679.115.
(7) Transfer. An SFFP issued under paragraph (b) of this section is not transferable or assignable and is
valid only for the vessel for which it is issued.
(c) Salmon Federal Processor Permit (SFPP) —
(1) Requirements. No salmon shoreside processor, as defined at § 679.2, may process salmon
harvested in the Cook Inlet EEZ Area, unless the owner or authorized representative first obtains an
SFPP issued under this subpart. A salmon shoreside processor may not be operated in a category
other than as specified on the SFPP. A legible copy of a valid SFPP must be on site at the salmon
shoreside processor at all times and must be presented for inspection upon the request of any
authorized officer.
(2) SFPP application. To obtain, amend, renew, or surrender an SFPP, the owner or authorized
representative of the salmon shoreside processor must complete an SFPP application form per the
instructions from the NMFS Alaska Region website. The owner or authorized representative of the
salmon shoreside processor must sign and date the application form, certifying that all information
is true, correct, and complete to the best of their knowledge and belief. If the application form is
completed by an authorized representative, proof of authorization must accompany the application
form.
(3) Issuance. Except as provided in subpart D of 15 CFR part 904, upon receipt and approval of a
properly completed permit application, NMFS will issue an SFPP required by paragraph (c) of this
section.
(4) Duration —
(i)

Length of effectiveness. An SFPP is in effect from the effective date through the date of permit
expiration, unless it is revoked, suspended, or modified under § 600.735 or § 600.740 of this
chapter, or surrendered in accordance with paragraph (a)(7) of this section.

(ii) Surrendered permit.

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(A) An SFPP may be voluntarily surrendered in accordance with paragraph (a)(7) of this
section. NMFS may reissue an SFPP to the person to whom the SFPP was initially issued
in the same fishing year in which it was surrendered.
(B) An owner or authorized representative who applied for and received an SFPP must notify
NMFS of the intention to surrender the SFPP by submitting an SFPP application found at
the NMFS Alaska Region website and indicating on the application form that surrender of
the SFPP is requested. Upon receipt and approval of an SFPP surrender application, NMFS
will withdraw the SFPP from active status.
(5) Amended permit. An owner or authorized representative who applied for and received an SFPP must
notify NMFS of any change in the permit information by submitting an SFPP application found at the
NMFS Alaska Region website. The owner or authorized representative must submit the application
form as instructed on the form. Upon receipt and approval of an SFPP amendment application,
NMFS will issue an amended SFPP.
(6) Transfer. An SFPP issued under this paragraph (c) is not transferable or assignable and is valid only
for the salmon shoreside processor for which it is issued.
(d) Registered Salmon Receiver Permit (RSRP) —
(1) Requirements. An RSRP authorizes the person identified on the permit to receive a landing of salmon
from an SFFP holder at any time during the fishing year for which it is issued until the RSRP expires,
as indicated on the RSRP, or is revoked, suspended, or modified under § 600.735 or § 600.740 of this
chapter, or surrendered in accordance with paragraph (a)(7) of this section. An RSRP is required for
any person, other than an SFPP holder, to receive salmon commercially harvested in the Cook Inlet
EEZ Area from the person(s) who harvested the fish. A legible copy of the RSRP must be present at
the time and location of a landing. The RSRP holder or their authorized representative must make the
RSRP available for inspection upon the request of any authorized officer.
(2) Application. To obtain, amend, renew, or surrender an RSRP, the owner or authorized representative
must complete an RSRP application form per the instructions from the NMFS Alaska Region
website. The owner or authorized representative of a Registered Salmon Receiver must sign and
date the application form, certifying that all information is true, correct, and complete to the best of
their knowledge and belief. If the application form is completed by an authorized representative,
proof of authorization must accompany the application form.
(3) Issuance. Except as provided in subpart D of 15 CFR part 904, upon receipt and approval of a
properly completed permit application, NMFS will issue an RSRP required by paragraph (d) of this
section.
(4) Duration. An RSRP is issued on an annual cycle defined as May through the end of April of the next
calendar year, to persons who submit a Registered Salmon Receiver Permit application that NMFS
approves.
(i)

An RSRP is in effect from the first day of May in the year for which it is issued or from the date
of issuance, whichever is later, through the end of the current annual cycle, unless it is revoked,
suspended, or modified under § 600.735 or § 600.740 of this chapter, or surrendered in
accordance with paragraph (a)(7) of this section.

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(ii) An RSRP may be voluntarily surrendered in accordance with paragraph (a)(7) of this section. An
RSRP may be reissued to the permit holder of record in the same fishing year in which it was
surrendered.
(5) Amended permit. An owner or authorized representative who applied for and received an RSRP must
notify NMFS of any change in the permit information by submitting an RSRP application found at the
NMFS Alaska Region website. The owner or authorized representative must submit the application
form as instructed on the form. Upon receipt and approval of an RSRP amendment application,
NMFS will issue an amended RSRP.

§ 679.115 Recordkeeping and reporting.
(a) General recordkeeping and reporting (R&R) requirement. R&R requirements include, but are not limited to,
paper and electronic documentation, logbooks, forms, reports, and receipts.
(1) Salmon logbooks and forms.
(i)

The Regional Administrator will prescribe and provide logbooks required under this section. All
forms required under this section are available from the NMFS Alaska Region website or may
be requested by calling the Sustainable Fisheries Division at 907-586-7228. These forms may
be completed online, or submitted according to the instructions shown on the form.

(ii) The operator must use the current edition of the logbooks and current format of the forms,
unless they obtain prior written approval from NMFS to use logbooks from the previous year.
Upon approval from NMFS, electronic versions of the forms may be used.
(iii) Commercial salmon harvest that occurred in the Cook Inlet EEZ Area must be recorded in
eLandings by an SFPP or RSRP holder. See paragraph (b) of this section for more information.
(2) Responsibility.
(i)

The operator of a vessel, the manager of a salmon shoreside processor (hereafter referred to as
the manager), and a Registered Salmon Receiver are responsible for complying with applicable
R&R requirements in this section.

(ii) The owner of a vessel, the owner of a salmon shoreside processor, and the owner of a
Registered Salmon Receiver are responsible for ensuring their employees and agents comply
with applicable R&R requirements in this section.
(3) Fish to be recorded and reported. The operator of a vessel or manager must record and report the
following information (see paragraphs (a)(3)(i) through (iv) of this section) for all salmon, groundfish
(see table 2a to this part), halibut and crab, forage fish (see table 2c to this part), and sculpins (see
table 2c to this part). The operator of a vessel or manager may record and report the following
information (see paragraphs (a)(3)(i) through (iv) of this section) for other species (see table 2d to
this part):
(i)

Harvest information from vessels;

(ii) Receipt information from vessels, buying stations, and tender vessels, including fish received
from vessels not required to have an SFFP or FFP, and fish received under contract for handling
or processing for another processor;

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(iii) Discard or disposition information, including fish reported but not delivered to the operator or
manager (e.g., fish used on board a vessel, retained for personal use, discarded at sea), when
receiving catch from a vessel, buying station, or tender vessel; and
(iv) Transfer information, including fish transferred off the vessel or out of the facility.
(4) Inspection and retention of records —
(i)

Inspection of records. The operator of a vessel, a manager, and a Registered Salmon Receiver
must make available for inspection R&R documentation they are required to retain under this
section upon the request of an authorized officer; and

(ii) Retention of records. The operator of a vessel, a manager, and a Registered Salmon Receiver
must retain the R&R documentation they are required to make under this section as follows:
(A) Retain these records on board a vessel, on site at the salmon shoreside processor or
stationary floating processor (see § 679.2), or at the Registered Salmon Receiver's place
of business, as applicable, until the end of the fishing year during which the records were
made and for as long thereafter as fish or fish products recorded in the R&R
documentation are retained on site.
(B) Retain these records for 3 years after the end of the fishing year during which the records
were made.
(5) Maintenance of records. The operator of a vessel, a manager, and a Registered Salmon Receiver
must maintain all records described in this section in English and in a legible, timely, and accurate
manner, based on Alaska local time (A.l.t.); if handwritten, in indelible ink; if computer-generated, as a
readable file or a legible printed paper copy.
(6) Custom processing. The manager or Registered Salmon Receiver 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:
(i)

For combined records, record landings, discards or dispositions, and products of customprocessed salmon routinely in eLandings using processor name, any applicable RSRP number
or SFPP number, and ADF&G processor code; or

(ii) For separate records, record landings, discards or dispositions, and products of customprocessed salmon in eLandings identified by the name, SFPP number or RSRP number, and
ADF&G processor code of the associated business entity.
(7) Representative. The operator of a vessel, manager, and RSRP holder may identify one contact person
to complete the logbook and forms and to respond to inquiries from NMFS.
(b) Interagency Electronic Reporting System (IERS) and eLandings —
(1) Responsibility.
(i)

An eLandings 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
https://elandings.alaska.gov or other NMFS-approved software or by using the desktop client
software.

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50 CFR 679.115(b)(1)(ii)

(ii) If the User is unable to submit commercial fishery landings of Cook Inlet EEZ salmon due to
hardware, software, or internet failure for a period longer than the required reporting time, the
User must contact NMFS Sustainable Fisheries Division at 907-586-7228 for instructions. When
the hardware, software, or internet is restored, the User must enter this same information into
eLandings or other NMFS-approved software.
(2) eLandings processor registration.
(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 or fax the User Agreement
Form to NMFS at the address or fax number shown on the form. Confirmation is emailed to
indicate that the User is registered, authorized to use eLandings, and that the UserID and User's
account are enabled; and
(iii) The User's signature on the registration form means that the User agrees to the following terms:
(A) To use eLandings access privileges only for submitting legitimate fishery landing reports;
(B) To safeguard the UserID and password to prevent their use by unauthorized persons; and
(C) To ensure that the User is authorized to submit landing reports for the processor permit
number(s) listed.
(3) Information required for eLandings processor registration form. The User must enter the following
information (see paragraphs (b)(3)(i) through (ix) of this section) to obtain operation registration and
UserID registration:
(i)

Select the operation type from the dropdown list;

(ii) Enter a name that will refer to the specific operation. For example, if the plant is in Kodiak and
the company is East Pacific Seafoods, the operation name might read “East Pacific SeafoodsKodiak;”
(iii) Enter ADF&G processor code;
(iv) Enter all the Federal permits associated with the operation;
(A) If a processor for Cook Inlet EEZ salmon, enter the SFPP number; and
(B) If a Registered Salmon Receiver, enter the RSRP number;
(v) Enter the home port code (see tables 14a, 14b, and 14c to this part) for the operation;
(vi) If a tender operation, the operator must enter the ADF&G vessel identification number of the
vessel;
(vii) If a buying station or Registered Salmon Receiver operation is a vehicle, enter vehicle license
number and the state of license issuance;
(viii) If a buying station, tender vessel, or custom processor, enter the following information to
identify the associated processor where the processing will take place: operation type, ADF&G
processor code, and applicable SFPP number, and RSRP number; and
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(ix) Each operation requires a primary User. Enter the following information for the primary User for
the new operation: create and enter a UserID, initial password, company name, User name
(name of the person who will use the UserID), city and state where the operation is located,
business telephone number, business fax number, business email address, security question,
and security answer.
(4) Information entered automatically for eLandings landing report. eLandings autofills the following
fields from processor registration records (see paragraph (b)(2) of this section): UserID, processor
company name, business telephone number, email address, port of landing, operation type (for
catcher/processors, motherships, or stationary floating processors), ADF&G processor code, and
Federal permit number. The User must review the autofilled cells to ensure that they 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) Information submitted in an eLandings landing report. The manager and a Registered Salmon
Receiver that receives salmon from a vessel issued an SFFP under § 679.114 and that is required to
have an SFPP or RSRP under § 679.114(c) or (d) 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 (b)(5)(i)(A) through (C) of this section:
(i)

Information entered for each salmon delivery to a salmon shoreside processor or Registered
Salmon Receiver. The User for a shoreside processor, stationary floating processor, or
Registered Salmon Receiver must enter the information specified at (b)(5)(i)(A) through (C) of
this section for each salmon delivery provided by the operator of a vessel, the operator or
manager of an associated buying station or tender vessel, and from processors for
reprocessing or rehandling product into eLandings or other NMFS-approved software:
(A) Delivery information. The User must:
(1) For crew size, enter the number of licensed crew aboard the vessel, including the
operator;
(2) Enter the management program name in which harvest occurred (see paragraph
(a)(1)(iii) of this section);
(3) Enter the ADF&G salmon statistical area of harvest;
(4) For date of landing, enter date (mm/dd/yyyy) that the delivery was completed;
(5) Indicate (YES or NO) whether delivery is from a buying station or tender vessel;
(6) If the delivery is received from a buying station, indicate the name of the buying
station;
(7) If the delivery is received from a tender vessel, enter the ADF&G vessel registration
number;
(8) If delivery is received from a vessel, indicate the ADF&G vessel registration number of
the vessel; and
(9) Mark whether the vessel logsheet has been received.

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(B) Catch information. The User must record the number and landed scale weight in pounds of
salmon, including any applicable weight modifier such as delivery condition code, and
disposition code of fish by species.
(C) Discard or disposition information.
(1) The User must record discard or disposition of fish: that occurred on and was
reported by a vessel; that occurred on and was reported by a salmon shoreside
processor or Registered Salmon Receiver; and that occurred prior to, during, and/or
after production at the salmon shoreside processor.
(2) The User for a salmon shoreside processor or Registered Salmon Receiver must
submit a landing report containing the information described in paragraph (b)(5)(i) of
this section for each salmon 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 (b)(5)(i)(B) of this section is not available by this deadline, the User must
transmit an estimated weight and count 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.
(3) By using eLandings, the User for a salmon shoreside processor or a Registered
Salmon Receiver and the operator of the vessel providing information to the User for
the salmon shoreside processor or Registered Salmon Receiver accept the
responsibility of and acknowledge compliance with § 679.117(b)(5).
(ii) [Reserved]
(c) Logbooks —
(1) Requirements.
(i)

All Cook Inlet EEZ Area logbook pages must be sequentially numbered.

(ii) Except as described in paragraph (c)(1)(iii) or (iv) of this section, no person may alter or change
any entry or record in a logbook;
(iii) An inaccurate or incorrect entry or record in printed data must be corrected by lining out the
original and inserting the correction, provided that the original entry or record remains legible.
All corrections must be made in ink; and
(iv) If after an electronic logsheet is signed, an error is found in the data, the operator must make
any necessary changes to the data, sign the new logsheet, and export the revised file to NMFS.
The operator must retain both the original and revised logsheet reports.
(2) Logsheet distribution and submittal. The operator of a vessel must distribute and submit accurate
copies of logsheets to the salmon shoreside processor or Registered Salmon Receiver and to NOAA
Fisheries Office of Law Enforcement Alaska Region according to the logsheet instructions.
(3) Salmon drift gillnet vessel daily fishing log. The operator of a vessel that is required to have an SFFP
under § 679.114(b), and that is using drift gillnet gear to harvest salmon in the Cook Inlet EEZ Area,
must maintain a salmon drift gillnet vessel daily fishing log.

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(4) Reporting time limits. The operator of a vessel using drift gillnet gear must record in the daily fishing
log the information from the following table for each set within the specified time limit:

Reporting Time Limits, Catcher Vessel Drift Gillnet Gear
Required information

Time limit for
recording

(i) SFFP number, set number, date and time gear set, date and time gear hauled,
beginning and end positions of set, length of net deployed, total number of salmon,
and estimated hail weight of groundfish for each set

Within 2 hours
after completion
of gear retrieval.

(ii) Discard and disposition information

Prior to landing.

(iii) Submit an accurate copy of the groundfish discards reported on the daily fishing
log to shoreside processor or Registered Salmon Receiver receiving catch

At the time of
catch delivery.

(iv) All other required information

At the time of
catch delivery.

(v) Operator sign the completed logsheets

At the time of
catch delivery.

[89 FR 34759, Apr. 30, 2024; 89 FR 46334, May 29, 2024]

§ 679.116 [Reserved]
§ 679.117 Salmon fisheries prohibitions.
In addition to the general prohibitions specified in § 600.725 of this chapter and § 679.7, it is unlawful for any
person to do any of the following:
(a) The East Area and the West Area —
(1) East Area. 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) West Area. 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.
(b) Cook Inlet EEZ Area —
(1) Commercial fishery participants.
(i)

Engage in commercial fishing for salmon in the Cook Inlet EEZ Area of the Salmon
Management Area, defined at § 679.2 and figure 22 to this part, with a vessel of the United
States that does not have on board a legible copy of a valid SFFP issued to the vessel under §
679.114;

(ii) Engage in commercial fishing for salmon using any gear except drift gillnet gear, described at §
679.118, in the Cook Inlet EEZ Area;

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(iii) Have on board, retrieve, or deploy any gear, except a drift gillnet legally configured for the Cook
Inlet EEZ Area commercial salmon fishery while commercial fishing for salmon in the Cook Inlet
EEZ Area;
(iv) Deploy more than one drift gillnet while commercial fishing for salmon in the Cook Inlet EEZ
Area;
(v) Deploy drift gillnet gear within, or allow any portion of drift gillnet gear to enter, Alaska State
waters on the same calendar day that drift gillnet gear is also deployed in the Cook Inlet EEZ
Area while commercial fishing for salmon in the Cook Inlet EEZ Area;
(vi) Deploy drift gillnet gear in excess of the allowable configuration for total length and mesh size
specified at § 679.118(f) while commercial fishing for salmon in the Cook Inlet EEZ Area;
(vii) Use a vessel named, or required to be named, on an SFFP to fish for salmon in the Cook Inlet
EEZ Area if that vessel fishes for salmon in Alaska State waters on the same calendar day;
(viii) Possess salmon, harvested in Alaska State waters, on board a vessel commercial fishing for
salmon in the Cook Inlet EEZ Area;
(ix) Have salmon on board a vessel at the time a fishing trip commences in the Cook Inlet EEZ Area;
(x) Conduct recreational fishing for salmon, or have recreational or subsistence salmon on board,
while commercial fishing for salmon in the Cook Inlet EEZ Area;
(xi) Use or employ aircraft (manned or unmanned) to locate salmon or to direct commercial fishing
while commercial fishing for salmon in the Cook Inlet EEZ Area 1 hour before, during, and 1
hour after a commercial salmon fishing period;
(xii) Land salmon harvested in Alaska State waters concurrently with salmon harvested
commercially in the Cook Inlet EEZ Area;
(xiii) Land or transfer salmon harvested while commercial fishing for salmon in the Cook Inlet EEZ
Area, within the EEZ off Alaska;
(xiv) Operate a vessel named, or required to be named, on an SFFP in the waters of Cook Inlet
without an operable VMS as required in § 679.28(f).
(xv) Discard any salmon harvested while commercial fishing for salmon in the Cook Inlet EEZ Area.
(xvi) Engage in commercial fishing for salmon in the Cook Inlet EEZ Area contrary to notification of
inseason action, closure, or adjustment issued under §§ 679.25 and 679.118.
(2) Recreational fishery participants.
(i)

Engage in recreational fishing for salmon using any gear except for handline, rod and reel, or
hook and line gear, defined at § 600.10, in the Cook Inlet EEZ Area of the Salmon Management
Area, defined at § 679.2 and figure 22 to this part;

(ii) Use more than a single line, with more than two hooks attached, per angler in the Cook Inlet EEZ
Area;

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50 CFR 679.117(b)(2)(iii)

(iii) No person shall possess on board a vessel, including charter vessels and pleasure craft used
for fishing, salmon retained in the Cook Inlet EEZ Area that have been filleted, mutilated, or
otherwise disfigured in any manner, except that each salmon may be cut into no more than two
pieces with a patch of skin on each piece, naturally attached. One piece from one salmon on
board may be consumed.
(iv) Exceed the daily bag limits and possession limits established under § 679.119.
(v) Engage in recreational fishing for salmon in the Cook Inlet EEZ Area contrary to notification of
inseason action, closure, or adjustment issued under § 679.118.
(3) Processors and Registered Salmon Receivers.
(i)

Receive, purchase or arrange for purchase, discard, or process salmon harvested in the Cook
Inlet EEZ Area without having on site a legible copy of a valid SFPP or valid RSRP issued under
§ 679.114;

(ii) Process or receive salmon harvested in the Cook Inlet EEZ Area without submitting a timely and
complete landing report as required under § 679.115;
(iii) Process salmon harvested in the Cook Inlet EEZ Area in the EEZ off Alaska; and
(iv) Receive or transport salmon caught in the Cook Inlet EEZ Area without an SFPP or RSRP issued
under § 679.114.
(4) Recordkeeping and reporting.
(i)

Fail to comply with or fail to ensure compliance with requirements in § 679.114 or § 679.115.

(ii) Alter or forge any permit or document issued under § 679.114 or § 679.115;
(iii) Fail to submit or submit inaccurate information on any report, application, or statement required
under this part; and
(iv) Intentionally submit false information on any report, application, or statement required under
this part.
(5) General. Fail to comply with any other requirement or restriction specified in this part or violate any
provision under this part.

§ 679.118 Management measures.
This section applies to vessels engaged in commercial fishing and recreational fishing for salmon in the Cook Inlet
EEZ Area.
(a) Harvest limits —
(1) TAC. NMFS, after consultation with the Council, will specify the annual TAC amounts for commercial
fishing for each salmon stock or species after accounting for projected recreational fishing
removals.
(2) Annual TAC determination. The annual determinations of TAC for each salmon species or stock may
be based on a review of the following:

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(i)

50 CFR 679.118(a)(2)(i)

Resource assessment documents prepared regularly for the Council that provide information on
historical catch trends; updated estimates of the MSY of the salmon stocks or stock
complexes; assessments of the stock condition of each salmon stock or stock complex; SSC
recommendations on reference points established for salmon stocks; management
uncertainty; assessments of the multispecies and ecosystem impacts of harvesting the salmon
stocks at current levels, given the assessed condition of stocks, including consideration of
rebuilding depressed stocks; and alternative harvesting strategies and related effects on the
salmon species;

(ii) Social and economic considerations that are consistent with Salmon FMP goals for the Cook
Inlet EEZ Area, including the need to promote efficiency in the utilization of fishery resources,
including minimizing costs; the desire to conserve, protect, and rebuild depleted salmon stocks;
the importance of a salmon fishery to harvesters, processors, local communities, and other
salmon users in Cook Inlet; and the need to promote utilization of certain species.
(b) Annual specifications —
(1) Proposed specifications.
(i)

As soon as practicable after consultation with the Council, NMFS will publish proposed
specifications for the salmon fishery in the Cook Inlet EEZ Area; and

(ii) NMFS will accept public comment on the proposed specifications established by this section
for a period specified in the notice of proposed specifications published in the FEDERAL
REGISTER.
(2) Final specifications. NMFS will consider comments received on the proposed specifications and 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. If the final
specifications would not be a logical outgrowth of the notice of proposed specifications, NMFS will
either:
(i)

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

(ii) 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.
(c) Management authority —
(1) Fishery closures.
(i)

For commercial fishing, if NMFS determines that any salmon TAC for commercial fishing as
specified under paragraph (b) of this section has been or may be reached for any salmon
species or stock, NMFS will publish notification in the FEDERAL REGISTER prohibiting commercial
fishing for salmon in the Cook Inlet EEZ Area.

(ii) For recreational fishing, if NMFS determines that any salmon ABC as specified under paragraph
(b) of this section has been or may be reached, NMFS will publish notification in the FEDERAL
REGISTER prohibiting retention of that salmon species when recreational fishing in the Cook Inlet
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50 CFR 679.118(d)

EEZ Area and may also prohibit recreational fishing for one or more salmon species in the Cook
Inlet EEZ Area. The Regional Administrator maintains the authority to open or close the Cook
Inlet EEZ Area to recreational fishing for one or more salmon species if they deem it appropriate
for conservation or other management purposes. Factors such as the ABC, anticipated harvest
rates, expected mortality, and the number of participants will be considered in making any such
determination.
(d) Commercial Fishery maximum retainable amounts (MRA) —
(1) Proportion of basis species. The MRA of an incidental catch species is calculated as a proportion of
the basis species retained on board the vessel using the retainable percentages in table 10 to this
part for the GOA species categories.
(2) Calculation.
(i)

To calculate the MRA 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, by the amount of the relevant basis species on board, in roundweight equivalents.
(iii) The MRA for that specific incidental catch species is the sum of the individual retainable
amounts for each basis species.
(e) Seasons —
(1) Fishing season. Directed fishing for salmon using drift gillnet gear in the Cook Inlet EEZ Area may be
conducted from 0700 hours, A.l.t., from the third Monday in June or June 19, whichever is later,
through 1900 hours, A.l.t., August 15.
(2) Fishing periods. Notwithstanding other provisions of this part, fishing for salmon with drift gillnet
gear in the Cook Inlet EEZ Area is authorized during the fishing season only from 0700 hours, A.l.t.,
until 1900 hours, A.l.t., Mondays and from 0700 hours, A.l.t., until 1900 hours, A.l.t., Thursdays from
the third Monday in June or June 19, whichever is later, until July 15, and from August 1 until August
15. From July 16 until July 31, fishing for salmon with drift gillnet gear in the Cook Inlet EEZ Area is
authorized during the fishing season only from 0700 hours, A.l.t., until 1900 hours, A.l.t., Thursdays.
Fishing for salmon using drift gillnet gear at times other than during the specified fishing periods is
not authorized.
(f) Legal gear —
(1) Size. Drift gillnet gear must be no longer than 200 fathoms (365.76 m) in length, 45 meshes deep,
and have a mesh size of no greater than 6 inches (15.24 cm).
(2) Marking. Drift gillnet gear must be marked at both ends with buoys that legibly display the vessel's
SFFP number.
(3) Floating. The float line and floats of gillnets must be floating on the surface of the water while the net
is fishing, unless natural conditions cause the net to temporarily sink. Staking or otherwise fixing a
drift gillnet to the seafloor is not authorized.

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50 CFR 679.118(f)(4)

(4) Measurement. For purposes of paragraph (f)(1) of this section, nets must be measured, either wet or
dry, by determining the maximum or minimum distance between the first and last hanging of the net
when the net is fully extended with traction applied at one end only.
[89 FR 34759, Apr. 30, 2024; 89 FR 46334, May 29, 2024]

§ 679.119 Recreational salmon fisheries.
(a) Daily bag limits and possession limits. For each person recreational fishing for salmon in the Cook Inlet
EEZ Area, the following daily bag and possession limits apply:
(1) Chinook salmon. From April 1 to August 31, the daily bag limit is one Chinook salmon of any size and
the possession limit is one daily bag limit (one Chinook salmon). From September 1 to March 31, the
daily bag limit is two Chinook salmon of any size and the possession limit is one daily bag limit (two
Chinook salmon).
(2) Coho salmon, sockeye salmon, pink salmon, and chum salmon. For coho salmon, sockeye salmon,
pink salmon, and chum salmon, the daily bag limit is a total of six fish combined, of any size, of
which a maximum of three may be coho salmon. The possession limit for coho salmon, sockeye
salmon, pink salmon, and chum salmon is one daily bag limit (six fish total).
(3) Combination of bag/possession limits. A person who fishes for or possesses salmon in or from the
Cook Inlet EEZ Area, specified in paragraph (a) of this section, may not combine such bag or
possession limits with any bag or possession limit applicable to Alaska State waters.
(4) Responsibility for bag/possession limits. The operator of a vessel that fishes for or possesses
salmon in or from the Cook Inlet EEZ Area is responsible for the cumulative bag or possession limit
specified in paragraph (a) of this section that apply to that vessel, based on the number of persons
aboard.
(5) Transfer at sea. A person who fishes for or possesses salmon in or from the Cook Inlet EEZ Area
under a bag or possession limit specified in paragraph (a) of this section may not transfer a salmon
at sea from a fishing vessel to any other vessel, and no person may receive at sea such salmon.
(b) Careful release. Any salmon brought aboard a vessel and not immediately returned to the sea with a
minimum of injury will be included in the daily bag limit of the person catching the salmon.

Subpart K [Reserved]
Subpart L—Pacific Cod Trawl Cooperative Program
Source: 88 FR 53735, Aug. 8, 2023, unless otherwise noted.

§ 679.130 Allocation, use, and transfer of PCTC Program QS permits.
(a) Applicable areas and seasons.
(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).

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50 CFR 679.130(a)(2)

(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 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.

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50 CFR 679.130(e)

(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 defined at § 679.130
assigned to an FPP or FFP;
(iii) The amount of PCTC Program QS resulting from Pacific cod legal landings assigned to an LLP
license held by an eligible harvester, or QS resulting from Pacific cod processing history
assigned to an FPP or FFP held by an eligible processor;
(iv) The amount of Pacific cod sideboard ratios assigned to LLP licenses;
(v) Eligibility to participate in the PCTC Program; and
(vi) QS assigned to PCTC Program participants.
(2) The PCTC Program official record is presumed to be correct. An applicant participating in the PCTC
Program has the burden to prove otherwise.
(3) Only Pacific cod legal landings and processing history of legal landings, as described in paragraph
(b) of this section, shall be used to establish an allocation of PCTC Program QS. Evidence of legal
landings shall be limited to documentation of state or Federal catch reports that indicate the amount
of Pacific cod harvested, the groundfish reporting area in which it was caught, the vessel and gear
type used to catch it, and the date of harvesting, landing, or reporting.
(h) Application for PCTC Program quota share —

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50 CFR 679.130(h)(1)

(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.
(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.

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50 CFR 679.130(i)(1)

(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 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:
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(i)

50 CFR 679.130(i)(5)(i)

If multiple LLP licenses authorized catch by a vessel, the LLP license holders must submit to
NMFS an agreement specifying the amount of shared catch history to assign to each LLP
license with the application for PCTC Program QS. In the absence of an agreement, the owner
of the vessel that made the catch will assign qualifying catch history to each LLP license.

(ii) For the LLP licenses associated with non-exempt AFA catcher vessels, within 90 days of initial
issuance of PCTC Program QS, the owners of the LLP licenses that are associated with AFA
non-exempt catcher vessels that engaged in fish transfer agreements during the qualifying
periods may transfer PCTC Program QS to other LLP licenses associated with AFA non-exempt
vessels, subject to the ownership cap at § 679.133.
(A) NMFS will execute permanent transfers of PCTC Program QS between eligible LLP
licenses during the 90-day transfer provision upon request. The transferor and transferee
must show they agree to the one-time permanent transfer of PCTC Program QS, or show a
transfer is authorized by an operation of law (e.g., 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 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).

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50 CFR 679.130(j)(2)(iv)

(iv) PCTC Program QS that is transferred from an LLP license that was initially allocated an amount
of PCTC Program QS in excess of the ownership cap specified at § 679.133(a) and assigned to
another LLP license may not be severed from the receiving LLP license.
(3) Transfer of processor PCTC Program QS Permits. A person may transfer a PCTC Program QS permit
to another processor with an active FPP issued under § 679.4. A transfer of processor-held PCTC
Program QS may not cause the receiver of the permit to exceed the ownership cap specified at §
679.133(a) at the time of transfer. A PCTC Program QS permit held by a processor and associated
QS may be transferred only if the application for transfer of PCTC Program QS permit is filled out
entirely. A PCTC Program QS permit initially issued to an FFP holder may be transferred to a
processor with an active FPP issued under § 679.4 or to a processor with an active FFP that
authorizes a vessel named on an LLP license with a BSAI Pacific cod trawl mothership endorsement.
(4) Transfer of PCTC Program QS assigned to a processor-held PCTC Program QS permit that exceeds
PCTC Program ownership caps.
(i)

If a PCTC Program QS permit receives an initial allocation of QS that exceeds an ownership cap
specified at § 679.133(a), the processor may transfer QS in excess of the ownership cap
separately from that PCTC Program QS permit and assign it to the PCTC Program QS permit of
one or more processors with an active FPP or FFP. However, a transfer will not be approved by
NMFS if that transfer would cause the receiving processor to exceed an ownership cap
specified at § 679.133(a).

(ii) Prior to the transfer of a PCTC Program QS permit that received an initial allocation of QS that
exceeds an ownership cap specified at § 679.133(a), the permit holder must transfer the QS
that is in excess of the ownership cap separately from that PCTC Program QS permit and
assign it to one or more PCTC Program QS permits. On completion of the transfer of QS, the
PCTC Program QS permit that was initially allocated an amount of QS in excess of the
ownership cap may not exceed any ownership cap specified at § 679.133(a).
(iii) Any QS associated with the PCTC Program QS permit held by a processor that is in excess of an
ownership cap may be transferred only if the application for transfer of PCTC Program QS
permit is filled out entirely.

§ 679.131 PCTC Program annual harvester privileges.
(a) Assigning CQ to a PCTC Program cooperative —
(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.
(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.
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(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 PCTC Program fee liabilities that may be due;
(C) How cooperatives monitor and report leasing activity in GOA fisheries; and
(D) For a cooperative intending to harvest any amount of the CQ set-aside, the cooperative's
plan for coordinating harvest and delivery of the CQ set-aside with an Aleutian Islands
shoreplant as defined § 679.2.
(viii) Each year, all cooperatives must establish an inter-cooperative agreement. This intercooperative 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:

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(i)

50 CFR 679.131(b)(1)(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 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 =
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50 CFR 679.131(b)(4)(iii)

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 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

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50 CFR 679.131(d)

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 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).

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50 CFR 679.131(h)

(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 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.

(ii) What is the minimum
number of LLP licenses
required to form a

A minimum of three LLP licenses are needed to form a cooperative.

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50 CFR 679.131(j)(3)

cooperative?
(iii) How many unique
LLP license holders are
required to form a
cooperative?

There is no minimum number of unique LLP license holders required to form a
cooperative.

(iv) Is there a minimum
amount of PCTC
Program QS units that
must be assigned to a
PCTC Program
cooperative?

No.

(v) What is allocated to
the PCTC Program
cooperatives?

A and B season CQ for Pacific cod, halibut PSC limits, and crab PSC limits,
based on the total QS units assigned to the cooperative by its members.

(vi) Is this CQ an
exclusive catch and use
privilege?

Yes, the cooperative has an exclusive privilege to collectively catch and use
this CQ. A cooperative can transfer all or a portion of this CQ to another
cooperative.

(vii) Is there a period in a
calendar year during
which PCTC Program
cooperative vessels may
catch Pacific cod?

Yes, any cooperative vessel may harvest CQ during the during the A and B
seasons specified at § 679.130(a)(2).

(viii) Can any vessel
catch a PCTC Program
cooperative's Pacific
cod?

No, only vessels that are listed on the cooperative's Application for PCTC
Program CQ may catch Pacific cod assigned to that cooperative.

(ix) Can a member of a
PCTC Program
cooperative transfer CQ
individually without the
approval of the other
members of the
cooperative?

No, only the designated representative of the cooperative, and not individual
members, may transfer CQ to another cooperative, and only if that transfer is
approved by NMFS.

(x) Are GOA sideboard
Existing sideboard limits apply to individual vessels or LLP license holders, not
limits assigned to
cooperatives.
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?

QS assigned to an LLP license may be assigned to only one cooperative in a
calendar year. Multiple QS permits or LLP licenses held by a single person are
not required to be assigned to the same cooperative. A processor may
associate with more than one cooperative and any QS held by the processor
would be divided between the associated cooperatives in the same proportion
as the CQ derived from the LLP licenses.

(xii) Which members
may catch the PCTC
Program cooperative's

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.

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50 CFR 679.131(j)(4)

CQ?
(xiii) Does a PCTC
Program cooperative
need a membership
agreement or contract?

Yes, a cooperative must have a membership agreement or contract. A copy of
this agreement or contract must be submitted to NMFS with the application for
CQ. The membership agreement or contract must specify: (A) How the
cooperative intends to harvest its CQ; and (B) The obligations of QS holders,
who are members of a cooperative, to ensure the full payment of fee liabilities
that may be due.

(xiv) What happens if the
PCTC Program
cooperative membership
agreement or contract is
modified during the
fishing year?

A copy of the amended membership agreement or contract must be sent to
NMFS in accordance with § 679.131.

(xv) What happens if the
cooperative exceeds its
CQ amount?

A cooperative is not authorized to catch Pacific cod or use halibut or crab PSC
limits in excess of the amount on its CQ permit. Exceeding a CQ permit is a
violation of the regulations.

(xvi) Is there a limit on
how much CQ a PCTC
Program cooperative
may hold?

No, but each QS holder is subject to ownership caps, and a vessel may be
subject to vessel use caps. See § 679.133.

(xvii) Is there a limit on
how much Pacific cod a
vessel may catch?

Yes, generally a vessel may not catch more than 5 percent of the Pacific cod
assigned to the PCTC Program for that calendar year. See § 679.133 for use
cap provisions.

(xviii) Are there any
special reporting
requirements?

The designated representative of the cooperative may submit an annual PCTC
Program cooperative report to the North Pacific Fishery Management Council.

(xix) Is there a
requirement that a PCTC
Program cooperative pay
PCTC Program cost
recovery fees?

Yes, see § 679.135 for the provisions that apply. PCTC Program cooperatives
are responsible for paying cost recovery fees.

(xx) Is there any
restriction on deliveries
of CQ?

Sometimes, if the AI CQ set-aside is in effect for the fishing year as specified at
§ 679.132. Cooperatives must establish, through an inter-cooperative
agreement, how 12 percent of the BSAI A season CQ will be set aside for
delivery to an Aleutian Islands shoreplant.

(4) Successors-in-interest. 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 —

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50 CFR 679.132(a)(1)

(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 non-CDQ ICA. The AI Pacific cod non-CDQ ICA will be deducted from the
aggregate portion of the AI Pacific cod non-CDQ TAC annually allocated to the non-CDQ sectors
identified at § 679.20(a)(7)(ii)(A).
(3) Aleutian Islands Pacific cod non-CDQ 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 setaside 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 setaside 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 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.

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50 CFR 679.132(b)(4)

(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.

(ii) All cooperatives must enter into an inter-cooperative agreement that describes how the AI setaside will be administered by the cooperatives to ensure that the PCTC Program harvests from
the BS do not exceed the minimum set-aside. This inter-cooperative agreement must establish
how the cooperatives intend to harvest the AI set-aside when it applies. This inter-cooperative
agreement must be provided as part of the annual PCTC Program cooperative application as
specified at § 679.131(a)(4) and is required before NMFS can issue CQ.
(iii) The inter-cooperative agreement must establish how cooperatives would ensure that trawl
catcher vessels less than 60 ft (18.3 m) LOA assigned to an LLP license with a transferable AI
trawl endorsement have the opportunity to harvest 10 percent of the AI set-aside for delivery to
an Aleutian Islands shoreplant.
(c) PCTC Program A season CQ set-aside limitations.
(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 setaside established under this section to processors in the BS subarea when the AI CQ set-aside is in
effect.
(3) The City of Adak or the City of Atka may withdraw their annual notice of intent to process prior to the
end of B season.
(4) The Regional Administrator may remove the delivery requirement for some or all of the projected
unused AI CQ set-aside if the Regional Administrator determines that the Aleutian Islands
shoreplants will not process the entire AI CQ set-aside.
(5) In the event all notices of intent to process are withdrawn, the Regional Administrator will remove the
delivery requirement for CQ that was set-aside for that calendar year.
(6) To remove the AI CQ set-aside delivery requirement for that calendar year, the Regional Administrator
will publish a document in the FEDERAL REGISTER.

§ 679.133 PCTC Program ownership caps, use caps, and sideboard limits.
(a) Ownership and use caps —
(1) General.

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(i)

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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 non-transferable.

(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 nontransferable.

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(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.
(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 to weigh
groundfish to determine its accuracy.
(e) Catch accounting —

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(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 NMFSapproved 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.
(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.

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[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.

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(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 liability that is past due and requesting payment.
If payment is not received by the 30th day after the date on the IAD, the agency may pursue
collection of the unpaid fees.

(ii) The Regional Administrator may disapprove any application to transfer CQ to or from the
cooperative in accordance with § 679.130.
(iii) No CQ permit will be issued to that cooperative for that following calendar year and the
Regional Administrator may continue to prohibit issuance of a CQ permit for any subsequent
calendar years until NMFS receives the unpaid fees.

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(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. Introduction
2. Belt Scales
2.1 Applicability
2.2 Performance Requirements
2.2.1 Maximum Permissible Errors
2.2.1.1 Laboratory Tests
2.2.1.2 Zero Load Tests
2.2.1.3 Material Tests
2.2.2 Minimum Flow Rate (Σmin)
2.2.3 Minimum Totalized Load (Σmin)
2.2.4 Influence Quantities
2.2.4.1 Temperature
2.2.4.2 Power Supply
2.3 Technical Requirements
2.3.1 Indicators and Printers
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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

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2.4 Tests
2.4.1 Minimum Test Load
2.4.2 Laboratory Tests
2.4.2.1 Influence Quantity and Disturbance Tests
2.4.2.2 Zero-Load Tests
2.4.2.3 Material Tests
2.4.3 Annual Scale Inspections
2.4.3.1 Zero-Load Tests
2.4.3.2 Material Tests
3. Automatic Hopper Scales
3.1 Applicability
3.2 Performance Requirements
3.2.1 Maximum Permissible Errors
3.2.1.1 Laboratory Tests
3.2.1.2 Increasing and Decreasing Load Tests
3.2.2 Minimum Weighment (Σmin)
3.2.3 Minimum Totalized Load (Lot)
3.2.4 Influence Quantities
3.2.4.1 Temperature
3.2.4.1.1 Operating Temperature
3.2.4.2 Power Supply
3.3 Technical Requirements
3.3.1 Indicators and Printers

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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

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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

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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

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4.4.2.1 Influence Quantities and Disturbance Tests
4.4.2.2 Performance Tests
4.4.3 Annual Scale Inspections
5. Definitions

Annex A of Appendix A to Part 679—Influence Quantity and Disturbance Tests
A.1 General
A.2 Test considerations
A.3 Tests
A.3.1 Static Temperatures
A.3.2 Damp Heat, Steady State
A.3.3 Power Voltage Variation
A.3.4 Short Time Power Reduction
A.3.5 Bursts
A.3.6 Electrostatic Discharge
A.3.7 Electromagnetic Susceptibility
A.4 Bibliography

1. Introduction
(a) This appendix to part 679 contains the performance and technical requirements for scales to be approved by
NMFS for use to weigh, at sea, catch from the groundfish fisheries off Alaska. The performance and technical
requirements in this document have not been reviewed or endorsed by the National Conference on Weights and
Measures. Regulations implementing the requirements of this appendix and additional requirements for and with
respect to scales used to weigh catch at sea are found at 50 CFR 679.28(b).
(b) Revisions, amendments, or additions to this appendix may be made after notice and opportunity for public
comments. Send requests for revisions, amendments, or additions to the Sustainable Fisheries Division, Alaska
Region, NMFS, P.O. Box 21668, Juneau, AK 99802.

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(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.
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 (Σmin). 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
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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 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;
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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.
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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 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 (Σmin);
g. Value of a scale division (d);
h. Belt speed;
i. Weigh length;
j. Maximum capacity (Max);
k. Temperature range (if applicable); and
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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 (Σmin). 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 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.

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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 (Σmin). 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 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 noload 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.

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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.
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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 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;
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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 (Σmin);
g. Minimum weighment;
h. Value of the scale division (d);
i. Temperature range (if applicable); and
j. Mains voltage.
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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.

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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:

Table 1—Influence Factors
Test load in scale divisions (d)
Class III1

Class IIII

Maximum permissible error (d)

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)

>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 §

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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]

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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

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[79 FR 66332, Nov. 7, 2014]

Table 22 to Part 679— Alaska Seamount Habitat Protection Areas
Area No.
1

2

3

4

5

6

7

8

9

10

Name
Dickins Seamount

Denson Seamount

Brown Seamount

Welker Seamount

Dall Seamount

Quinn Seamount

Giacomini Seamount

Kodiak Seamount

Odessey Seamount

Patton Seamount

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Latitude

Longitude

54 39.00 N

136 48.00 W

54 39.00 N

137 9.00 W

54 27.00 N

137 9.00 W

54 27.00 N

136 48.00 W

54 13.20 N

137 6.00 W

54 13.20 N

137 36.00 W

53 57.00 N

137 36.00 W

53 57.00 N

137 6.00 W

55 0.00 N

138 24.00 W

55 0.00 N

138 48.00 W

54 48.00 N

138 48.00 W

54 48.00 N

138 24.00 W

55 13.80 N

140 9.60 W

55 13.80 N

140 33.00 W

55 1.80 N

140 33.00 W

55 1.80 N

140 9.60 W

58 18.00 N

144 54.00 W

58 18.00 N

145 48.00 W

57 45.00 N

145 48.00 W

57 45.00 N

144 54.00 W

56 27.00 N

145 0.00 W

56 27.00 N

145 24.00 W

56 12.00 N

145 24.00 W

56 12.00 N

145 0.00 W

56 37.20 N

146 7.20 W

56 37.20 N

146 31.80 W

56 25.20 N

146 31.80 W

56 25.20 N

146 7.20 W

57 0.00 N

149 6.00 W

57 0.00 N

149 30.00 W

56 48.00 N

149 30.00 W

56 48.00 N

149 6.00 W

54 42.00 N

149 30.00 W

54 42.00 N

150 0.00 W

54 30.00 N

150 0.00 W

54 30.00 N

149 30.00 W

54 43.20 N

150 18.00 W
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Area No.

11

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Name

Latitude

Chirikof & Marchand Seamounts

12

Sirius Seamount

13

Derickson Seamount

14

Unimak Seamount

15

Bowers Seamount

Longitude

54 43.20 N

150 36.00 W

54 34.20 N

150 36.00 W

54 34.20 N

150 18.00 W

55 6.00 N

151 0.00 W

55 6.00 N

153 42.00 W

54 42.00 N

153 42.00 W

54 42.00 N

151 0.00 W

52 6.00 N

160 36.00 W

52 6.00 N

161 6.00 W

51 57.00 N

161 6.00 W

51 57.00 N

160 36.00 W

53 0.00 N

161 0.00 W

53 0.00 N

161 30.00 W

52 48.00 N

161 30.00 W

52 48.00 N

161 0.00 W

53 48.00 N

162 18.00 W

53 48.00 N

162 42.00 W

53 39.00 N

162 42.00 W

53 39.00 N

162 18.00 W

54 9.00 N

174 52.20 E

54 9.00 N

174 42.00 E

54 4.20 N

174 42.00 E

54 4.20 N

174 52.20 E

NOTE: 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.
1

2

Name
Great Sitkin I

Cape Moffett I

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Latitude

Longitude

52 9.56 N

176 6.14 W

52 9.56 N

176 12.44 W

52 4.69 N

176 12.44 W

52 6.59 N

176 6.12 W

52 0.11 N

176 46.65 W

52 0.10 N

176 53.00 W

51 55.69 N

176 53.00 W

51 55.69 N

176 48.59 W
page 719 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

Area No.
3

4

5

6

Name
Adak Canyon

Bobrof I

Ulak I

Semisopochnoi I

50 CFR Figure-18-to-Part-679 b.56

Latitude

Longitude

51 57.96 N

176 46.52 W

51 39.00 N

177 0.00 W

51 39.00 N

177 3.00 W

51 30.00 N

177 3.00 W

51 30.00 N

177 0.00 W

51 57.35 N

177 19.94 W

51 57.36 N

177 29.11 W

51 51.65 N

177 29.11 W

51 51.71 N

177 19.93 W

51 25.85 N

178 59.00 W

51 25.69 N

179 6.00 W

51 22.28 N

179 6.00 W

51 22.28 N

178 58.95 W

51 53.10 N

179 53.11 E

51 53.10 N

179 46.55 E

51 48.84 N

179 46.55 E

51 48.89 N

179 53.11 E

NOTE: 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]

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR Figure-18-to-Part-679 b.56

Table 24 to Part 679—Except as Noted, Locations in the Aleutian Islands Habitat Conservation
Area Open to Nonpelagic Trawl Fishing

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR Figure-18-to-Part-679 b.56

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50 CFR Figure-18-to-Part-679 b.56

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50 CFR Figure-18-to-Part-679 b.56

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50 CFR Figure-18-to-Part-679 b.56

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50 CFR Figure-18-to-Part-679 b.56

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50 CFR Figure-18-to-Part-679 b.56

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50 CFR Figure-18-to-Part-679 b.56

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR Figure-18-to-Part-679 b.56

[73 FR9037, Feb. 19, 2008]

Table 25 to Part 679—Bowers Ridge Habitat Conservation Zone
Area number

Name

1

Bowers Ridge

2

Ulm Plateau

Latitude

Longitude

55 10.50 N

178 27.25 E

54 54.50 N

177 55.75 E

54 5.83 N

179 20.75 E

52 40.50 N

179 55.00 W

52 44.50 N

179 26.50 W

54 15.50 N

179 54.00 W

55 5.00 N

177 15.00 E

55 5.00 N

175 60.00 E

54 34.00 N

175 60.00 E

54 34.00 N

177 15.00 E

Note: 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 26 to Part 679—Gulf of Alaska Coral Habitat Protection Areas
Area number
1

2

3

4

5

Name
Cape Ommaney 1

Fairweather FS2

Fairweather FS1

Fairweather FN2

Fairweather FN1

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

Latitude

Longitude

56 10.85 N

135 5.83 W

56 11.18 N

135 7.17 W

56 9.53 N

135 7.68 W

56 9.52 N

135 7.20 W

58 15.00 N

138 52.58 W

58 15.00 N

138 54.08 W

58 13.92 N

138 54.08 W

58 13.92 N

138 52.58 W

58 16.00 N

138 59.25 W

58 16.00 N

139 9.75 W

58 13.17 N

138 59.25 W

58 24.10 N

139 14.58 W

58 24.10 N

139 18.50 W

58 22.55 N

139 18.50 W

58 22.55 N

139 14.58 W

58 27.42 N

139 17.75 W

58 27.42 N

139 19.08 W

58 26.32 N

139 19.08 W
page 737 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

Area number

Name

50 CFR Figure-18-to-Part-679 b.56

Latitude
58 26.32 N

Longitude
139 17.75 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
1

2

3

4

5

6

7

8

Name
Yakutat

Cape Suckling

Kayak I.

Middleton I. east

Middleton I. west

Cable

Albatross Bank

Shumagin I.

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

Latitude

Longitude

58 47.00 N

139 55.00 W

58 47.00 N

140 32.00 W

58 37.00 N

140 32.00 W

58 36.97 N

139 54.99 W

59 50.00 N

143 20.00 W

59 50.00 N

143 30.00 W

59 40.00 N

143 30.00 W

59 40.00 N

143 20.00 W

59 35.00 N

144 0.00 W

59 40.00 N

144 25.00 W

59 30.00 N

144 50.00 W

59 25.00 N

144 50.00 W

59 25.00 N

144 2.00 W

59 32.31 N

145 29.09 W

59 32.13 N

145 51.14 W

59 20.00 N

145 51.00 W

59 18.85 N

145 29.39 W

59 14.64 N

146 29.63 W

59 15.00 N

147 0.00 W

59 10.00 N

147 0.00 W

59 8.74 N

146 30.16 W

58 40.00 N

148 0.00 W

59 6.28 N

149 0.28 W

59 0.00 N

149 0.00 W

58 34.91 N

147 59.85 W

56 16.00 N

152 40.00 W

56 16.00 N

153 20.00 W

56 11.00 N

153 20.00 W

56 10.00 N

152 40.00 W

54 51.49 N

157 42.52 W
page 738 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

Area number

9

10

Name

Sanak I.

Unalaska I.

50 CFR Figure-18-to-Part-679 b.56

Latitude

Longitude

54 40.00 N

158 10.00 W

54 35.00 N

158 10.00 W

54 36.00 N

157 42.00 W

54 12.86 N

162 13.54 W

54 0.00 N

163 15.00 W

53 53.00 N

163 15.00 W

54 5.00 N

162 12.00 W

53 26.05 N

165 55.55 W

53 6.92 N

167 19.40 W

52 55.71 N

167 18.20 W

53 13.05 N

165 55.55 W

Note: 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

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

A Legal Rockfish Landing includes

50 CFR Figure-18-to-Part-679 b.56

Year
2000

2001

2002

2003

2004

2005

2006

Northern rockfish that were harvested in the Central
GOA between. . .

July
4-July 26

July 1-July 23
and Oct. 1-Oct. 21

June
30-July 21

June
29-July 29

July
4-July 25

July 5-July 24

July 1-July 21.

and landed by

Aug. 2

July 30 and Oct. 28,
respectively

July 28

Aug. 5

Aug. 1

July 31

July 28.

Pelagic shelf rockfish that were harvested in the
Central GOA between. . .

July
4-July 26

July 1-July 23 and Oct.
1-Oct. 21

June
30-July 21

June
29-July 31

July
4-July 25

July 5-July 24, Sept. 1-Sept 4, and
Sept. 8-Sept. 10

July 1-July 21 and Oct.
2-Oct. 8.

and landed by

Aug. 2

July 30 and Oct. 28,
respectively

July 28

Aug. 7

Aug. 1

July 31, Sept. 11, and Sept. 17,
respectively

July 28 and Oct. 15,
respectively.

Pacific ocean perch that were harvested in the
Central GOA between. . .

July
4-July 15

July 1-July 12

June
30-July 8

June
29-July 8

July
4-July 12

July 5-July 14

July 1-July 6.

and landed by

July 22

July 19

July 15

July 15

July 19

July 21

July 13.

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR Figure-18-to-Part-679 b.56

[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 . . .

2007

2008

2009

Northern rockfish that were harvested by vessels authorized to fish
in the rockfish entry level trawl fishery between. . .

Sept. 1-Nov. 8

Sept.
1-Nov.
15

Sept.
1-Nov.
15.

and landed by

Nov. 15

Nov. 22

Nov. 22.

Pelagic shelf rockfish that were harvested by vessels authorized to
fish in the rockfish entry level trawl fishery between. . .

Sept. 1-Nov. 15 Sept.
1-Nov.
15

Sept.
1-Nov.
15.

and landed by

Nov. 22

Nov. 22

Nov. 22.

Pacific ocean perch that were harvested by vessels authorized to fish May 1-May 17;
in the rockfish entry level trawl fishery between. . .
July 1-Aug. 1

July
1-July
27

July
1-Nov.
15.

and landed by

Aug. 3

Nov. 22.

Aug. 8

[76 FR 81290, Dec. 27, 2011]

Table 28c to Part 679—Allocation of Rockfish Secondary Species

For the following rockfish
secondary species . . .

The following percentage of the Central GOA TAC is allocated to
rockfish cooperatives as CQ . . .
For the catcher vessel sector . . For the catcher/processor sector . .
.
.

Pacific cod

3.81%

N/A

Sablefish

6.78%

3.51%

Rougheye rockfish

N/A

58.87%

Shortraker rockfish

N/A

40.00%

Thornyhead rockfish

7.84%

26.50%

[76 FR 81290, Dec. 27, 2011]

Table 28d to Part 679—Allocation of Halibut PSC under the Central GOA Rockfish Program
For the
following
rockfish
sectors . . .

The
following
amount of
halibut . . .

Catcher
vessel
sector

134.1 mt

Catcher/

84.7 mt

To yield the following
Is
amount of halibut PSC
multiplied
assigned as rockfish CQ
by . . .
...
0.875 117.3 mt

The following amount of halibut is not
assigned as rockfish CQ, halibut PSC,
or halibut IFQ for use by any person . . .
27.4 mt (16.8 mt from the catcher
vessel sector and 10.6 mt from the
catcher/processor sector).

74.1 mt

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

For the
following
rockfish
sectors . . .

The
following
amount of
halibut . . .

To yield the following
Is
amount of halibut PSC
multiplied
assigned as rockfish CQ
by . . .
...

50 CFR Figure-18-to-Part-679 b.56

The following amount of halibut is not
assigned as rockfish CQ, halibut PSC,
or halibut IFQ for use by any person . . .

processor
sector
[76 FR 81290, Dec. 27, 2011]

Table 28e to Part 679—Rockfish Entry Level Longline Fishery Allocations
The allocation
to the rockfish
entry level
For
longline fishery 2012
for the
will
following
be . .
rockfish
.
primary species
...

If the catch of a rockfish primary
species during a calendar year
exceeds 90 percent of the allocation
for that rockfish primary species then
the allocation of that rockfish primary
species in the following calendar year
will increase by . . .

Except that the maximum amount of
the TAC assigned to the Rockfish
Program (after deducting the
incidental catch allowance) that may
be allocated to the rockfish entry level
non-trawl fishery for each rockfish
primary species is . . .

Northern
rockfish

5 mt

5 mt

2 percent.

Pacific ocean
perch

5 mt

5 mt

1 percent.

Pelagic shelf
rockfish

30
mt

20 mt

5 percent.

[76 FR 81290, Dec. 27, 2011]

Table 29 to Part 679—Initial Rockfish QS Pools

Initial Rockfish QS Pool
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]

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR Figure-18-to-Part-679 b.56

Table 30 to Part 679—Rockfish Program Retainable Percentages
[In round wt. equivalent]

Fishery

Rockfish Cooperative Vessels fishing
under a CQ permit

Incidental
catch species1

Pacific cod
Shortraker/
Rougheye
aggregate
catch

Sector

MRA as a
percentage of
total retained rockfish
primary species and
rockfish secondary species

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 and
Catcher Vessel
Catcher/
Processor and
Catcher Vessel
Catcher/
Processor and
Catcher Vessel
Catcher/
Processor and
Catcher Vessel

20.0
20.0
20.0
20.0

Shallow-water
flatfish

Catcher/
Processor and
Catcher Vessel

20.0

Arrowtooth
flounder

Catcher/
Processor and
Catcher Vessel

35.0

Other rockfish

Catcher/
Processor and
Catcher Vessel

15.0

Atka mackerel

Catcher/
Processor and
Catcher Vessel

20.0

Aggregated
forage fish

Catcher/
Processor and
Catcher Vessel

2.0

Skates

Catcher/
Processor and
Catcher Vessel

5.0

Other species

Catcher/
Processor and

20.0

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

Incidental
catch species1

Fishery

Sector

MRA as a
percentage of
total retained rockfish
primary species and
rockfish secondary species

Catcher Vessel
Grenadiers

Catcher/
Processor and
Catcher Vessel

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

8.0

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 A:
Name of amendment 80 vessel

Column B:
USCG
Documentation No.

Column C:
LLP license
number originally
assigned to the Amendment 80 vessel

ALASKA JURIS

569276

LLG 2082

ALASKA RANGER

550138

LLG 2118

ALASKA SPIRIT

554913

LLG 3043

ALASKA VOYAGER

536484

LLG 2084

ALASKA VICTORY

569752

LLG 2080

ALASKA WARRIOR

590350

LLG 2083

ALLIANCE

622750

LLG 2905

AMERICAN NO I

610654

LLG 2028

ARCTIC ROSE

931446

LLG 3895

ARICA

550139

LLG 2429

BERING ENTERPRISE

610869

LLG 3744

CAPE HORN

653806

LLG 2432

CONSTELLATION

640364

LLG 1147

DEFENDER

665983

LLG 3217
1

ENTERPRISE

657383

GOLDEN FLEECE

609951

LLG 2524

HARVESTER ENTERPRISE

584902

LLG 3741

LEGACY

664882

LLG 3714

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

LLG 4831

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

Column A:
Name of amendment 80 vessel

50 CFR Figure-18-to-Part-679 b.56

Column B:
USCG
Documentation No.

Column C:
LLP license
number originally
assigned to the Amendment 80 vessel

OCEAN ALASKA

623210

LLG 4360

OCEAN PEACE

677399

LLG 2138

PROSPERITY

615485

LLG 1802

REBECCA IRENE

697637

LLG 3958

SEAFISHER

575587

LLG 2014

SEAFREEZE ALASKA

517242

LLG 4692

TREMONT

529154

LLG 2785

U.S. INTREPID

604439

LLG 3662

UNIMAK

637693

LLG 3957

VAERDAL

611225

LLG 1402

1

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 Management
80 species
area
Atka
mackerel

BS/541
542
543

Amendment 80 initial QS pool in units
Σ Highest Five Years in metric tons in the Amendment 80 official record as of
December 31, 2007, for that Amendment 80 species in that management
area.

AI Pacific
541
ocean perch 542
543
Flathead
sole

BSAI

Pacific cod

BSAI

Rock sole

BSAI

Yellowfin
sole

BSAI

[72 FR 52739, Sept. 14, 2007]

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

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

Management
area
543

All years

100

0

542

2008

98

2

2009

96

4

2010

94

6

2011

93

8

2012 and
all future
years

90

10

2008

98

2

2009

96

4

2010

94

6

2011

92

8

2012 and
all future
years

90

10

543

All years

98

2

542

2008

95

5

2009 and
all future
years

90

10

2008

95

5

2009 and
all future
years

90

10

541/EBS

Aleutian Islands
Pacific ocean
perch

Year

Percentage of ITAC allocated
to the BSAI trawl limited
access
sector

Percentage of ITAC
allocated to the
Amendment 80 sector

541

Pacific cod

BSAI

All years

13.4

N/A

Rock sole

BSAI

All years

100

0

Flathead sole

BSAI

All years

100

0

[72 FR 52739, Sept. 14, 2007; 72 FR 61214, Oct. 29, 2007]

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50 CFR Part 679 (up to date as of 6/24/2024)
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50 CFR Figure-18-to-Part-679 b.56

Table 34 to Part 679— Annual Apportionment of BSAI Yellowfin Sole Between the Amendment
80 and BSAI Trawl Limited Access Sectors
If the
yellowfin
Row sole ITAC
No.
is
between .
..
Column A
Row 0 mt
1

and . . .

then the yellowfin
sole ITAC rate for
the Amendment
80 sector is . . .

and the amount of yellowfin
sole ITAC allocated to
Amendment 80 Sector is . . .

and the amount of
yellowfin sole ITAC
allocated to the BSAI
trawl limited access
sector is . . .

Column C

Column D

Column E

Column
B
87,499
mt

0.93 ITAC × Row 1, Column C

ITAC—Row 1, Column E.

Row 87,500 mt 94,999
2
mt

0.875 (Amount of ITAC greater than ITAC—Row 2, Column D.
87,499 mt and less than
95,000 mt × Row 2, Column
C) + Row 1, Column D

Row 95,000 mt 102,499
3
mt

0.82 (Amount of ITAC greater than ITAC—Row 3, Column D.
94,999 mt and less than
102,500 mt × Row 3, Column
C) + Column D, Row 2

Row 102,500
4
mt

109,999
mt

0.765 (Amount of ITAC greater than ITAC—Row 4, Column D.
102,499 mt and less than
110,000 mt × Row 4, Column
C) + Column D, Row 3

Row 110,000
5
mt

117,499
mt

0.71 (Amount of ITAC greater than ITAC—Row 5, Column D.
109,999 mt and less than
117,500 mt × Row 5, Column
C) + Column D, Row 4

Row 117,500
6
mt

124,999
mt

0.655 (Amount of ITAC greater than ITAC—Row 6, Column D.
117,499 mt and less than
125,000 mt × Row 6, Column
C) + Column D, Row 5)

Row
7

125,000 mt and
greater

0.6

(Amount of ITAC greater than ITAC—Row 7, Column D.
124,999 mt × Row 7, Column
C) + Column D, Row 6

[72 FR 52739, Sept. 14, 2007]

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

page 747 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

Table 35 to Part 679—Apportionment of Crab PSC and Halibut PSC Between the Amendment 80
and BSAI Trawl Limited Access Sectors

Table 35 to Part 679—Apportionment of Crab PSC and Halibut PSC Between
the Amendment 80 and BSAI Trawl Limited Access Sectors
Halibut PSC
limit in the
BSAI is . . .
(mt)

Fishery

C. opilio crab
PSC limit
(COBLZ)
is . . .

Zone 1 Red king
crab PSC limit is . .
.

Zone 1 C. bairdi Zone 2 C. bairdi
crab PSC limit
crab PSC limit
is . . .
is . . .

As determined according to § 679.21(b)(1) and the procedures at § 679.21(b)(1)(i).
Amendment
80 sector

Annual 49.98
Determination1

49.15

42.11

23.67

745 30.58

32.14

46.99

46.81

BSAI trawl
limited
access
1

See § 679.21(b)(1)(i) and table 58 to this part for the annual determination process for
Amendment 80 halibut PSC limits in the BSAI.
[88 FR 82770, Nov. 24, 2023]

Table 36 to Part 679— Percentage of Crab and Halibut PSC Limit Assigned to Each Amendment
80 Species

For the following
PSC
species . . .

The percentage of the Amendment 80 sector PSC limit assigned to each
Amendment 80
species is . . .
Atka
mackerel

Halibut

AI Pacific ocean
perch

Pacific
cod

Flathead
sole

Rock
sole

Yellowfin
sole

3.96

1.87

24.79

13.47

24.19

31.72

0.14%

0.56%

6.88%

0.48%

61.79%

30.16%

C. opilio crab
(COBLZ)

0%

0.06%

6.28%

17.91%

9.84%

65.91%

Zone 1 C. bairdi
crab

0%

0%

17.01%

3.13%

56.15%

23.71%

Zone 2 C. bairdi
crab

0.01%

0.03%

7.92%

37.31%

7.03%

47.70%

Zone 1 Red king
crab

[72 FR 52739, Sept. 14, 2007]

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

Table 37 to Part 679— GOA Amendment 80 Sideboard Limit for Groundfish for the Amendment
80 Sector
In the following management areas in the GOA and in adjacent
waters open by the State of Alaska for which it adopts a Federal
fishing season . . .

The
sideboard
limit for . . .

Is . . .

Area 610

Pollock

0.3% of the TAC.

Area 620

Pollock

0.2% of the TAC.

Area 630

Pollock

0.2% of the TAC.

Area 640

Pollock

0.2% of the TAC.

West Yakutat District

Pacific cod

3.4% of the TAC.

Pacific
ocean
perch

96.1% of the TAC.

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.

Central GOA

Western GOA

[72 FR 52739, Sept. 14, 2007]

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

page 749 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

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

Season 2

Season 3

Season 4

Season 5

Shallow-water species fishery as defined
in § 679.21(d)(3)(iii)(A) in the GOA or
adjacent waters open by the State of
Alaska for which it adopts a Federal
fishing season.

0.48

1.89

1.46

0.74

2.27

Deep-water species fishery as defined in §
679.21(d)(3)(iii)(B) in the GOA or adjacent
waters open by the State of Alaska for
which it adopts a Federal fishing season.

1.15

10.72

5.21

0.14

3.71

1

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 A:
Name of Amendment 80 vessel

Column B:
USCG
Documentation No.

ALLIANCE

622750

AMERICAN NO I

610654

DEFENDER

665983

GOLDEN FLEECE

609951

LEGACY

664882

OCEAN ALASKA

623210

OCEAN PEACE

677399

SEAFREEZE ALASKA

517242

U.S. INTREPID

604439

UNIMAK

637693

VAERDAL

611225

[72 FR 52739, Sept. 14, 2007]

Table 40 to Part 679—BSAI Halibut PSC Sideboard Limits for AFA Catcher/Processors and AFA
50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

page 750 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

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) . . .

The AFA catcher/processor halibut PSC
sideboard limit in metric tons is . . .

The AFA catcher vessel halibut PSC
sideboard limit in metric tons is . . .

All target species
categories

286

N/A

Pacific cod trawl

N/A

N/A

Pacific cod hook-andline or pot

N/A

2

Yellowfin sole

N/A

101

Rock sole/flathead
sole/“other flatfish”1

N/A

228

Turbot/Arrowtooth/
Sablefish

N/A

0

Rockfish2

N/A

2

Pollock/Atka
mackerel/“other
species”

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]

Table 41 to Part 679—BSAI Crab PSC Sideboard Limits for AFA Catcher/Processors and AFA
Catcher Vessels
For the
following
crab species
in the
following
areas . . .

The AFA catcher/
processor crab
PSC sideboard
limit is equal to the
following
ratio . . .

Red king crab
Zone 1

0.007

The AFA catcher
vessel crab PSC
sideboard limit is
equal to the
following ratio . . .

Multiplied by . . .

0.299 The PSC amount in number of animals
available to trawl vessels in the BSAI after
allocation of PSQ established in the annual
harvest specifications for that calendar year.

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

page 751 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

For the
following
crab species
in the
following
areas . . .

The AFA catcher/
processor crab
PSC sideboard
limit is equal to the
following
ratio . . .

C. opilio crab
(COBLZ)

0.153

0.168

Zone 1C.
bairdi crab

0.14

0.33

Zone 2C.
bairdi crab

0.05

0.186

The AFA catcher
vessel crab PSC
sideboard limit is
equal to the
following ratio . . .

Multiplied by . . .

[72 FR 52739, Sept. 14, 2007]

Table 42 to Part 679—Bering Sea Habitat Conservation Area
Longitude

Latitude

179 19.95W

59 25.15N

177 51.76W

58 28.85N

175 36.52W

58 11.78N

174 32.36W

58 8.37N

174 26.33W

57 31.31N

174 0.82W

56 52.83N

173 0.71W

56 24.05N

170 40.32W

56 1.97N

168 56.63W

55 19.30N

168 0.08W

54 5.95N

170 0.00W

53 18.24N

170 0.00W

55 0.00N

178 46.69E

55 0.00N

178 27.25E

55 10.50N

178 6.48E

55 0.00N

177 15.00E

55 0.00N

177 15.00E

55 5.00N

176 0.00E

55 5.00N

176 0.00E

55 0.00N

172 6.35E

55 0.00N

173 59.70E

56 16.96N

Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The
last set of coordinates for each area is connected to the first set of coordinates for the area by a
straight line. The projected coordinate system is North American Datum 1983, Albers.
50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

page 752 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

[73 FR 43370, July 25, 2008]

Table 43 to Part 679—Northern Bering Sea Research Area
Longitude

Latitude

168

7.41 W 65

*37.91 N

165

1.54 W 60

45.54 N

167

59.98 W 60

45.55 N

169

00.00 W 60

35.50 N

169

00.00 W 61

00.00 N

171

45.00 W 61

00.00 N

171

45.00 W 60

54.00 N

174

1.24 W 60

54.00 N

176

13.51 W 62

6.56 N

172

24.00 W 63

57.03 N

172

24.00 W 62

42.00 N

168

24.00 W 62

42.00 N

168

24.00 W 64

0.00 N

172

17.42 W 64

0.01 N

168

58.62 W 65

30.00 N

168

58.62 W 65

**49.81 N

Note: 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.
[75 FR 61652, Oct. 6, 2010]

Table 44 to Part 679—Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation
Area
Longitude

Latitude

165 1.54W

60 45.54N*

162 7.01W

58 38.27N

162 10.51W

58 38.35N

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

page 753 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

Longitude

Latitude

162 34.31W

58 38.36N

162 34.32W

58 39.16N

162 34.23W

58 40.48N

162 34.09W

58 41.79N

162 33.91W

58 43.08N

162 33.63W

58 44.41N

162 33.32W

58 45.62N

162 32.93W

58 46.80N

162 32.44W

58 48.11N

162 31.95W

58 49.22N

162 31.33W

58 50.43N

162 30.83W

58 51.42N

162 30.57W

58 51.97N

163 17.72W

59 20.16N

164 11.01W

59 34.15N

164 42.00W

59 41.80N

165 0.00W

59 42.60N

165 1.45W

59 37.39N

167 40.20W

59 24.47N

168 0.00W

59 49.13N

167 59.98W

60 45.55N

Note: The area is delineated by connecting the coordinates in the order listed by straight lines,
except as noted by * below. The last set of coordinates for each area is connected to the first set of
coordinates for the area by a straight line. The projected coordinate system is North American
Datum 1983, Albers.
* This boundary extends in a clockwise direction from this set of geographic coordinates along the
shoreline at mean lower-low tide line to the next set of coordinates.
[73 FR 43370, July 25, 2008]

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

page 754 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

Table 45 to Part 679—St. Lawrence Island Habitat Conservation Area
Longitude

Latitude

168 24.00W

64 0.00N

168 24.00W

62 42.00N

172 24.00W

62 42.00N

172 24.00W

63 57.03N

172 17.42W

64 0.01N

Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The
last set of coordinates for each area is connected to the first set of coordinates for the area by a
straight line. The projected coordinate system is North American Datum 1983, Albers.
[73 FR 43370, July 25, 2008]

Table 46 to Part 679—St. Matthew Island Habitat Conservation Area
Longitude

Latitude

171

45.00 W 60

54.00 N

171

45.00 W 60

6.15 N

174

0.50 W 59

42.26 N

174

24.98 W 60

9.98 N

174

1.24 W 60

54.00 N

Note: 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.
[75 FR 61652, Oct. 6, 2010]

Tables 47-48 to Part 679 [Reserved]
Table 49 to Part 679—Groundfish Licenses Qualifying for Hook-and-Line Catcher/Processor
Endorsement Exemption
Groundfish
license * *
*

Shall receive a Pacific cod endorsement with a catcher/processor and a hook-and-line
designation in the following regulatory area(s) * * *

LLG 1400

Central Gulf of Alaska.

LLG 1713

Central Gulf of Alaska.

LLG 1785

Central Gulf of Alaska.

LLG 1916

Central Gulf of Alaska.

LLG 2112

Central Gulf of Alaska and Western Gulf of Alaska.

LLG 2783

Central Gulf of Alaska.

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

Groundfish
license * *
*

50 CFR Figure-18-to-Part-679 b.56

Shall receive a Pacific cod endorsement with a catcher/processor and a hook-and-line
designation in the following regulatory area(s) * * *

LLG 2892

Central Gulf of Alaska.

LLG 2958

Central Gulf of Alaska.

LLG 3616

Central Gulf of Alaska.

LLG 3617

Central Gulf of Alaska.

LLG 3676

Central Gulf of Alaska.

LLG 4823

Central Gulf of Alaska.

LLG 2081

Western Gulf of Alaska.

LLG 3090

Western Gulf of Alaska.

[76 FR 15840, Mar. 22, 2011]

Table 50 to Part 679 [Reserved]
Table 51 to Part 679—Modified Gear Trawl Zone
Longitude

Latitude

171

45.00 W 61

00.00 N

169

00.00 W 61

00.00 N

169

00.00 W 60

35.48 N

171

45.00 W 60

06.15 N

Note: 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.
[75 FR 61652, Oct. 6, 2010]

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

page 756 of 761

50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

Table 52 to Part 679—Groundfish LLP Licenses Eligible for a BSAI Trawl Limited Access Sector
Yellowfin Sole Directed Fishery Endorsement
[X indicates that Column A applies]
Column A

Column B

The Holder of Groundfish
License Number . . .

Is eligible under 50 CFR 679.4(k)(14)(ii) to be assigned an Endorsement for the
BSAI Trawl Limited Access Sector Yellowfin Sole Fishery.

LLG 3944

X.

LLG 2913

X.

LLG 1667

X.

LLG 3714

X.

LLG 1820

X.

LLG 3741

X.

[83 FR 50002, Oct. 4, 2018]

Table 53 to Part 679—Groundfish LLP Licenses That Require Qualified Landings Assignment To
Be Eligible for a BSAI Trawl Limited Access Sector Yellowfin Sole Directed Fishery Endorsement
[X indicates that Column A applies]
Column A
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) . . .

Column B
The owner of the vessel designated on the pair of LLP
licenses in Column A must notify NMFS which LLP license
from each pair in Column A is to be credited with qualifying
landing(s) under 50 CFR 679.4(k)(14)(vi)(B)(2).

LLG 3838 and LLG 2702

X.

LLG 3902 and LLG 3826

X.

[83 FR 50002, Oct. 4, 2018]

Table 54 to Part 679—BSAI Species and Species Groups for Which Directed Fishing for
Sideboard Limits by Listed AFA Catcher/Processors and Catcher/Processors Designated on
Listed AFA Catcher/Processor Permits is Prohibited
Species or species group
Sablefish, trawl gear

Management area or subarea
Bering Sea (BS) subarea of the BSAI.
Aleutian Islands (AI).

Atka mackerel

BS/Eastern Aleutian District.
Western Aleutian District.

Rock sole

BSAI.

Greenland turbot

Bering Sea subarea of the BSAI.

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

Species or species group

50 CFR Figure-18-to-Part-679 b.56

Management area or subarea
AI.

Arrowtooth flounder

BSAI.

Kamchatka flounder

BSAI.

Flathead sole

BSAI.

Alaska plaice

BSAI.

Other flatfish

BSAI.

Pacific ocean perch

Bering Sea subarea of the BSAI.
Eastern Aleutian District.
Central Aleutian District.
Western Aleutian District.

Northern rockfish

BSAI.

Shortraker rockfish

BSAI.

Blackspotted and Rougheye rockfish

Bering Sea subarea of the BSAI/Eastern Aleutian District.
Central Aleutian District/Western Aleutian District.

Other rockfish

BS.
AI.

Skates

BSAI.

Sculpins

BSAI.

Sharks

BSAI.

Octopuses

BSAI.

[84 FR 2729, Feb. 8, 2019]

Table 55 to Part 679—BSAI Species and Species Groups for Which Directed Fishing for Sideboard
Limits by Non-Exempt AFA Catcher Vessels is Prohibited
Species or species group
Pacific cod

Management area or subarea
BSAI

Gear type
Jig.
Hook-and-line catcher vessel
≥ 60 ft.
Hook-and-line catcher vessel
≤ 60 ft.
Pot.

Sablefish, trawl gear

Bering Sea subarea of the BSAI

All.

AI

All.

Atka mackerel

BSAI

All.

Rock sole

BSAI

All.

Greenland turbot

BS

All.

AI

All.

Arrowtooth flounder

BSAI

All.

Kamchatka flounder

BSAI

All.

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

Species or species group

50 CFR Figure-18-to-Part-679 b.56

Management area or subarea

Gear type

Alaska plaice

BSAI

All.

Other flatfish

BSAI

All.

Flathead sole

BSAI

All.

Pacific ocean perch

BS

All.

Eastern Aleutian District

All.

Central Aleutian District

All.

Western Aleutian District

All.

Northern rockfish

BSAI

All.

Shortraker rockfish

BSAI

All.

Blackspotted and Rougheye
rockfish

Bering Sea subarea of the BSAI/Eastern
Aleutian District

All.

Central Aleutian District/Western Aleutian
District

All.

Bering Sea subarea of the BSAI

All.

AI

All.

Skates

BSAI

All.

Sculpins

BSAI

All.

Sharks

BSAI

All.

Octopuses

BSAI

All.

Other rockfish

[84 FR 2729, Feb. 8, 2019]

Table 56 to Part 679—GOA Species and Species Groups for Which Directed Fishing for Sideboard
Limits by Non-Exempt AFA Catcher Vessels is Prohibited

Table 56 to Part 679—GOA Species and Species Groups for Which Directed
Fishing for Sideboard Limits by Non-Exempt AFA Catcher Vessels is
Prohibited
Species or species group

Management or regulatory area and processing
component (if applicable)

Pollock

Southeast Outside District, Eastern GOA.

Pacific cod

Eastern GOA, inshore component.
Eastern GOA, offshore component.

Sablefish

Western GOA.
Central GOA.
Eastern GOA.

Shallow-water flatfish

Western GOA.
Eastern GOA.

Deep-water flatfish

Western GOA.
Central GOA.

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

Management or regulatory area and processing
component (if applicable)

Species or species group

Eastern GOA.
Rex sole

Western GOA.
Eastern GOA.

Arrowtooth flounder

Western GOA.
Eastern GOA.

Flathead sole

Western GOA.
Eastern GOA.

Pacific ocean perch

Western GOA.
Central GOA.
Eastern GOA.

Northern rockfish

Western GOA.

Shortraker rockfish

Western GOA.
Central GOA.
Eastern GOA.

Dusky rockfish

Western GOA.
Central GOA.
Eastern GOA.

Rougheye rockfish

Western GOA.
Central GOA.
Eastern GOA.

Demersal shelf rockfish

Southeast Outside District.

Thornyhead rockfish

Western GOA.
Central GOA.
Eastern GOA.

Other rockfish

Central GOA.
Eastern GOA.

Atka mackerel

GOA.

Big skates

Western GOA.
Central GOA.
Eastern GOA.

Longnose skates

Western GOA.
Central GOA.
Eastern GOA.

Other skates

GOA.

Sculpins

GOA.

Sharks

GOA.

Octopuses

GOA.

[84 FR 2730, Feb. 8, 2019, as amended at 88 FR 53744, Aug. 8, 2023]

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

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50 CFR Part 679 (up to date as of 6/24/2024)
Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Figure-18-to-Part-679 b.56

Table 57 to Part 679—Groundfish LLP Licenses With Bering Sea or Aleutian Islands Area and
Catcher/Processor Operation Endorsements Eligible for a BSAI Pacific Cod Trawl Mothership
Endorsement
[X indicates that Column A applies]
Column A

Column B

The Holder of Groundfish
License Number . . .

Is eligible under 50 CFR 679.4(k)(15)(ii) to be assigned a BSAI Pacific
Cod Trawl Mothership Endorsement.

LLG 5009

X

LLG 4692

X

[84 FR 70071, Dec. 20, 2019]

Table 58 to Part 679—Amendment 80 Sector Annual BSAI Pacific Halibut PSC Limits

Table 58 to Part 679—Amendment 80 Sector Annual BSAI Pacific Halibut
PSC Limits
Survey index ranges

IPHC setline survey index in Area 4ABCDE (WPUE)

Eastern Bering Sea shelf trawl survey index (t)
Low

High

<150,000

≥150,000

High ≥11,000

1,745 mt

1,745 mt

Medium 8,000-10,999

1,396 mt

1,571 mt

Low 6,000-7,999

1,309 mt

1,396 mt

Very Low <6,000

1,134 mt

1,134 mt

[88 FR 82770, Nov. 24, 2023]

50 CFR Figure-18-to-Part-679 b.56 (enhanced display)

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