50 CFR Part 680

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Part 680 (July 15, 2026)

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Title 50 —Wildlife and Fisheries
Chapter VI —Fishery Conservation and Management, National Oceanic and Atmospheric
Administration, Department of Commerce
Part 680 Shellfish Fisheries of the Exclusive Economic Zone off Alaska
Subpart A General
§ 680.1 Purpose and scope.
§ 680.2 Definitions.
§ 680.3 Relation to other laws.
§ 680.4 Permits.
§ 680.5 Recordkeeping and reporting (R&R).
§ 680.6 Crab economic data report (EDR).
§ 680.7 Prohibitions.
§ 680.8 Facilitation of enforcement.
§ 680.9 Penalties.
Subpart B Management Measures
§ 680.20 Arbitration System.
§ 680.21 Crab harvesting cooperatives.
§ 680.22 Sideboard protections for GOA groundfish fisheries.
§ 680.23 Equipment and operational requirements.
§ 680.30 [Reserved]
Subpart C Quota Management Measures
§ 680.40 Crab Quota Share (QS), Processor QS (PQS), Individual Fishing Quota (IFQ), and
Individual Processor Quota (IPQ) Issuance.
§ 680.41 Transfer of QS, PQS, IFQ and IPQ.
§ 680.42 Limitations on use of QS, PQS, IFQ, and IPQ.
§ 680.43 Revocation of CVC and CPC QS.
§ 680.44 Cost recovery.
Table 1 to Part 680
Crab Rationalization (CR) Fisheries
Table 3a to Part 680
Crab Delivery Condition Codes
Table 3b to Part 680
Crab Disposition or Product Codes
Table 7 to Part 680
Initial Issuance of Crab QS by Crab QS Fishery
50 CFR Part 680 (July 15, 2026) (enhanced display)

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

50 CFR Part 680 (July 15, 2026)

Table 8 to Part 680
Initial QS and PQS Pool for Each Crab QS Fishery
Table 9 to Part 680
Initial Issuance of Crab PQS by Crab QS Fishery
Table 10 to Part 680
License Limitation Program License Numbers That Authorize the
Owners and Operators of Catcher/Processors to Directed Fish for
Pacific Cod With Hook-and-Line Gear in the Central Gulf of Alaska
Regulatory Area (Column A) and in the Western Gulf of Alaska
Regulatory Area (Column B)

PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC
ZONE OFF ALASKA
Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.
Source: 70 FR 10241, Mar. 2, 2005, unless otherwise noted.

Subpart A—General
§ 680.1 Purpose and scope.
Regulations in this part implement policies developed by the North Pacific Fishery Management Council and
approved by the Secretary of Commerce in accordance with the Magnuson-Stevens Fishery Conservation and
Management Act. In addition to part 600 of this chapter, these regulations implement the following:
(a) Fishery Management Plan (FMP) for Bering Sea and Aleutian Islands King and Tanner Crabs. Regulations in
this part govern commercial fishing for, and processing of, king and Tanner crabs in the Bering Sea and
Aleutian Islands Area pursuant to section 313(j) of the Magnuson-Stevens Act, including regulations
implementing the Crab Rationalization Program for crab fisheries in the Bering Sea and Aleutian Islands
Area, and supersede State of Alaska regulations applicable to the commercial king and Tanner crab
fisheries in the Exclusive Economic Zone (EEZ) of the Bering Sea and Aleutian Islands Area that are
determined to be inconsistent with the FMP.
(b) License Limitation Program. Commercial fishing for crab species not included in the Crab Rationalization
Program for crab fisheries of the Bering Sea and Aleutian Islands Area remains subject to the License
Limitation Program for the commercial crab fisheries in the Bering Sea and Aleutian Islands Area under
part 679 of this chapter.

§ 680.2 Definitions.
In addition to the definitions in the Magnuson-Stevens Act, in 50 CFR part 600, and § 679.2 of this chapter, the
terms used in this part have the following meanings:

50 CFR 680.2 (enhanced display)

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50 CFR Part 680 (up to date as of 7/15/2026)
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50 CFR 680.2 “Adak community entity”

Adak community entity means the non-profit entity incorporated under the laws of the state of Alaska that
represents the community of Adak and has a board of directors elected by the residents of Adak.
Affiliation means a relationship between two or more entities, except for CDQ groups, in which one directly or
indirectly owns or controls a 10 percent or greater interest in, or otherwise controls, another, or a third
entity directly or indirectly owns or controls a 10 percent or greater interest in, or otherwise controls, both.
For the purpose of this definition, the following terms are further defined:
(1) Entity. An entity may be an individual, corporation, association, partnership, joint-stock company,
trust, or any other type of legal entity, except for a CDQ group, any receiver, trustee in bankruptcy or
similar official or liquidating agent, or any organized group of persons whether incorporated or not,
that holds direct or indirect interest in:
(i)

Quota share (QS), processor quota share (PQS), individual fishing quota (IFQ), or individual
processing quota (IPQ); or,

(ii) For purposes of the economic data report (EDR), a vessel or processing plant operating in CR
fisheries.
(2) 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) Controls a 10 percent or greater interest. An entity controls a 10 percent or greater interest in a
second entity if the first entity:
(i)

Controls a 10 percent ownership share of the second entity, or

(ii) Controls 10 percent or more of the voting stock of the second entity.
(4) Otherwise controls.
(i)

A PQS or IPQ holder otherwise controls QS or IFQ, or a QS or IPQ holder, if it has:
(A) The right to direct, or does direct, the business of the entity which holds the QS or IFQ;
(B) 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 entity which holds the QS
or IFQ;
(C) The right to direct, or does direct, the transfer of QS or IFQ;
(D) The right to restrict, or does restrict, the day-to-day business activities and management
policies of the entity holding the QS or IFQ through loan covenants;
(E) The right to derive, or does derive, either directly, or through a minority shareholder or
partner, and in favor of a PQS or IPQ holder, a significantly disproportionate amount of the
economic benefit from the holding of QS or IFQ;
(F) The right to control, or does control, the management of, or to be a controlling factor in,
the entity holding QS or IFQ;
(G) The right to cause, or does cause, the sale of QS or IFQ;

50 CFR 680.2 “Affiliation” (4)(i)(G) (enhanced display)

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50 CFR 680.2 “Affiliation” (4)(i)(H)

(H) Absorbs all of the costs and normal business risks associated with ownership and
operation of the entity holding QS or IFQ; and
(I)

Has the ability through any other means whatsoever to control the entity that holds QS or
IFQ.

(ii) Other factors that may be indica of control include, but are not limited to the following:
(A) If a PQS or IPQ holder or employee takes the leading role in establishing an entity that will
hold QS or IFQ;
(B) If a PQS or IPQ holder has the right to preclude the holder of QS or IFQ from engaging in
other business activities;
(C) If a PQS or IPQ holder and QS or IFQ holder use the same law firm, accounting firm, etc.;
(D) If a PQS or IPQ holder and QS or IFQ holder share the same office space, phones,
administrative support, etc.;
(E) If a PQS or IPQ holder absorbs considerable costs and normal business risks associated
with ownership and operation of the QS or IFQ holdings;
(F) If a PQS or IPQ holder provides the start up capital for the QS or IFQ holder on less than an
arm's-length basis;
(G) If a PQS or IPQ holder has the general right to inspect the books and records of the QS or
IFQ holder; and
(H) If the PQS or IPQ holder and QS or IFQ holder use the same insurance agent, law firm,
accounting firm, or broker of any PQS or IPQ holder with whom the QS or IFQ holder has
entered into a mortgage, long-term or exclusive sales or marketing agreement, unsecured
loan agreement, or management agreement.
Arbitration IFQ means:
(1) Class A catcher vessel owner (CVO) IFQ held by a person who is not a holder of PQS or IPQ and who
is not affiliated with any holder of PQS or IPQ, and
(2) IFQ held by an FCMA cooperative.
Arbitration QS means CVO QS held by a person who is not a holder of PQS or IPQ and is not affiliated with any
holder of PQS or IPQ.
Arbitration System means the system established by the contracts required by § 680.20, including the process
by which the Market Report and Non-Binding Price Formula are produced, the negotiation approaches, the
Binding Arbitration process, and fee collection.
Assessed value means the most recent value for a vessel and gear provided in a marine survey.
Box size means the capacity of a crab-packing container in kilograms or pounds.
BSAI crab means those crab species governed under the Fishery Management Plan (FMP) for Bering Sea/
Aleutian Islands King and Tanner Crabs.
BSAI Crab Capacity Reduction Program means the program authorized by Public Law 106-554, as Amended by
Public Law 107-20 and Public Law 107-117.
50 CFR 680.2 “BSAI Crab Capacity Reduction Program” (enhanced display)

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50 CFR Part 680 (up to date as of 7/15/2026)
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50 CFR 680.2 “BSAI crab fisheries”

BSAI crab fisheries means those crab fisheries governed under the Fishery Management Plan (FMP) for Bering
Sea/Aleutian Islands King and Tanner Crabs.
Captain means, for the purposes of the EDR, a vessel operator.
Catcher/processor (CP) means a vessel that is used for catching crab and processing that crab.
Catcher vessel means a vessel that is used for catching crab and that does not process crab on board.
CDQ community means a community identified as eligible for the CDQ Program under 16 U.S.C. 1855(i)(1)(A).
CDQ communities are listed in Table 7 to 50 CFR part 679.
CDQ group means an entity identified as eligible for the CDQ Program under 16 U.S.C. 1855(i)(1)(A). CDQ groups
are listed in Table 7 to 50 CFR part 679.
Committed IFQ means:
(1) Any Arbitration IFQ for which the holder of such IFQ has agreed or committed to delivery of crab
harvested with the IFQ to the holder of previously uncommitted IPQ and for which the holder of the
IPQ has agreed to accept delivery of that crab, regardless of whether such agreement specifies the
price or other terms for delivery, or
(2) Any Arbitration IFQ for which, on or after the date which is 25 days prior to the opening of the first
crab fishing season in the crab QS fishery for such IFQ, the holder of the IFQ has unilaterally
committed to delivery of crab harvested with the IFQ to the holder of previously uncommitted IPQ,
regardless of whether the IFQ and IPQ holders have reached an agreement that specifies the price or
other terms for delivery.
Committed IPQ means any IPQ for which the holder of such IPQ has received a commitment of delivery from a
holder of Arbitration IFQ such that the Arbitration IFQ is committed IFQ, regardless of whether the
Arbitration IFQ and IPQ holders have reached an agreement that specifies the price or other terms for
delivery.
Converted CPO QS means CPO QS for the BBR and BSS crab QS fisheries that is issued to the entities defined in
§ 680.40(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) based on the procedures established in § 680.40(c)(5).
CP standard price means price, expressed in U.S. dollars per raw crab pound, for all CR crab landed by a CP as
determined for each crab fishing year by the Regional Administrator and documented in a CP standard
price list published by NMFS.
Crab cost recovery fee liability means that amount of money, in U.S. dollars, owed to NMFS by a CR allocation
holder or RCR as determined by multiplying the appropriate ex-vessel value of the amount of CR crab
debited from a CR allocation by the appropriate crab fee percentage.
Crab fee percentage means that positive number no greater than 3 percent determined for each crab fishing year
by the Regional Administrator and used to calculate the crab cost recovery fee liability for a CR allocation
holder or RCR under the Crab Rationalization Program.
Crab fishing year means the period from July 1 of one calendar year through June 30 of the following calendar
year.
Crab grade means a grading system to describe the quality of crab.
(1) Grade 1 means standard or premium quality crab, and
(2) Grade 2 means below standard quality crab.
50 CFR 680.2 “Crab grade” (2) (enhanced display)

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50 CFR 680.2 “Crab harvesting cooperative”

Crab harvesting cooperative , for the purposes of this part 680, means a group of crab QS holders who have
chosen to form a crab harvesting cooperative, under the requirements of § 680.21, in order to combine
and collectively harvest their crab IFQ through a crab harvesting cooperative IFQ permit issued by NMFS.
Crab harvesting cooperative IFQ means the annual catch limit of IFQ crab that may be harvested by a crab
harvesting cooperative that is lawfully allocated a harvest privilege for a specific portion of the TAC of a
crab QS fishery.
Crab individual fishing quota (crab IFQ) means the annual catch limit of a crab QS fishery that may be harvested
by a person who is lawfully allocated a harvest privilege for a specific portion of the TAC of a crab QS
fishery with the following designations or with the designation as a crab IFQ hired master:
(1) Catcher vessel crew (CVC) IFQ means crab IFQ derived from QS initially issued to persons who
historically held CFEC crab permits and signed fish tickets for qualifying landings based on pounds
delivered raw; to annually harvest, but not process, CR crab onboard the vessel used to harvest that
crab.
(2) Catcher vessel owner (CVO) IFQ means crab IFQ derived from QS initially issued to persons who held
LLP crab permits and had qualifying landings based on pounds delivered raw; to annually harvest,
but not process, CR crab onboard the vessel used to harvest that crab.
(i)

Class A IFQ means IFQ that is required to be delivered to a processor holding unused IPQ.

(ii) Class B IFQ means IFQ that is not required to be delivered to a processor holding unused IPQ.
(3) Catcher/processor owner (CPO) IFQ means crab IFQ derived from QS initially issued to persons who
held LLP crab permits and had qualifying landings derived from landings processed at sea, to
annually harvest and process CR crab.
(4) Catcher/processor crew (CPC) IFQ means crab IFQ derived from QS initially issued to persons who
historically held CFEC crab permits and signed fish tickets for qualifying landings based on landings
processed at sea, to annually harvest and process CR crab.
Crab IFQ hired master means a person who holds a crab IFQ hired master permit issued under § 680.4.
Crab IFQ permit holder means the person identified on an IFQ permit.
Crab LLP license history means, for any particular crab LLP license, the legal landings made on the vessel(s) that
was used to qualify for that LLP license and any legal landings made under the authority of that LLP
license.
Crab quota share (crab QS) means a permit the face amount of which is used as the basis for the annual
calculation and allocation of a person's crab IFQ with the following designations:
(1) Catcher vessel crew (CVC) QS means a permit that yields CVC IFQ.
(2) Catcher vessel owner (CVO) QS means a permit that yields CVO IFQ.
(3) Catcher/processor owner (CPO) QS means a permit that yields CPO IFQ.
(4) Catcher/processor crew (CPC) QS means a permit that yields CPC IFQ.
Crab QS fishery means those CR fisheries under Table 1 to this part that require the use of QS and PQS, and their
resulting IFQ and IPQ, to harvest and receive IFQ crab.

50 CFR 680.2 “Crab QS fishery” (enhanced display)

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50 CFR 680.2 “Crab QS program”

Crab QS program means the program that allocates QS and PQS, and their resulting IFQ and IPQ, for CR crab of
the BSAI off Alaska and governed by regulations under this part.
Crab QS regional designation means the designation of QS or PQS and their resulting IFQ and IPQ subject to
regional delivery requirements in this part.
Crab Rationalization (CR) allocation means any allocation of CR crab authorized under the CR Program.
Crab Rationalization (CR) crab means those crab species in the crab fisheries subject to management under the
Crab Rationalization Program described in Table 1 to this part.
Crab Rationalization (CR) fisheries means those fisheries defined in Table 1 to part 680.
Crab Rationalization (CR) Program means the crab QS program plus the CDQ and the Adak community allocation
programs, including all management, monitoring, and enforcement components, for BSAI king and Tanner
crabs governed by the regulations of this part.
Crew means:
(1) Any individual, other than the fisheries observers, working on a vessel that is engaged in fishing.
(2) For the purposes of the EDR, each employee on a vessel, excluding the captain and fisheries
observers, that participated in any CR fishery.
Custom processing means processing crab in any CR fishery when the IPQ holder does not have a 10 percent or
greater direct or indirect ownership interest in the processing facility or affiliation with the processing
facility's owners.
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.
Days at sea means, for the purposes of the EDR, the number of days spent at sea while fishing for crab,
including travel time to and from fishing grounds.
Economic data report (EDR) means the report of cost, labor, earnings, and revenue data for catcher vessels,
catcher/processors, shoreside crab processors, and stationary floating crab processors participating in
CR fisheries.
Eligible community resident means, for purposes of the Crab QS program, any individual who:
(1) Is a citizen of the United States;
(2) Has maintained a domicile in the ECC, from which the individual requests to lease crab IFQ, for at
least 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; and
(3) Is otherwise eligible to receive crab QS or IFQ by transfer.
Eligible crab community (ECC) means a community in which at least 3 percent of the initial allocation of
processor quota share of any crab fishery is allocated. The specific communities are:
(1) CDQ Communities.
(i)

Akutan;

(ii) False Pass;
50 CFR 680.2 “Eligible crab community (ECC)” (1)(ii) (enhanced display)

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50 CFR 680.2 “Eligible crab community (ECC)” (1)(iii)

(iii) St. George; and
(iv) St. Paul.
(2) Non-CDQ Communities.
(i)

Unalaska/Dutch Harbor;

(ii) Kodiak;
(iii) King Cove;
(iv) Port Moller; and
(v) Adak.
Eligible crab community (ECC) entity means a non-profit organization specified under § 680.41(j)(2) that is
designated by the governing body of an ECC, other than Adak, to represent it for the purposes of engaging
in the right of first refusal of transfer of crab PQS or IPQ outside the ECC under contract provisions set
forth under section 313(j) of the Magnuson-Stevens Act. For those ECCs that also are CDQ communities,
the ECC entity is the CDQ group to which the ECC is a member.
Eligible crab community organization (ECCO) means a non-profit organization that represents at least one ECC,
as defined in this part, and that has been approved by the Regional Administrator to obtain by transfer and
hold crab QS and to lease the resulting IFQ on behalf of an ECC.
Ex-vessel value means:
(1) For the shoreside processing sector. The total U.S. dollar amount of all compensation, monetary and
non-monetary, including any retroactive payments, received by a CR allocation holder for the
purchase of any CR crab debited from the CR allocation described in terms of raw crab pounds.
(2) For the catcher/processor sector. The total U.S. dollar amount of CR crab landings as calculated by
multiplying the number of raw crab pounds debited from the CR allocation by the appropriate CP
standard price determined by the Regional Administrator.
FCMA cooperative, for the purposes of this part 680, means a cooperative formed in accordance with the
Fishermen's Collective Marketing Act of 1934 (15 U.S.C. 521).
Finished pounds means the total weight, in pounds, of processed product, not including the container.
Fishing trip means, for the purposes of §§ 680.7(e)(2) and 680.40(g)(2)(i)(A) and (m)(2)(i), the period beginning
when a vessel operator commences harvesting crab in a crab QS fishery and ending when the vessel
operator offloads or transfers any processed or unprocessed crab in that crab QS fishery from that vessel.
IFQ account means the amount of crab IFQ in raw crab pounds that is held by a person at any particular time for
a crab QS fishery, sector, region, and class.
IFQ crab means crab species listed in Table 1 to this part subject to management under the crab QS program.
Individual processor quota (IPQ) means the annual amount of crab, in pounds, representing a specific portion of
the TAC for a crab QS fishery, that may be received for processing by a person who is lawfully allocated
PQS or IPQ.
Initial processor quota share (PQS) pool means the total number of PQS units for each crab QS fishery which is
the basis of initial PQS allocations.
50 CFR 680.2 “Initial processor quota share (PQS) pool” (enhanced display)

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50 CFR 680.2 “Initial quota share (QS) pool”

Initial quota share (QS) pool means the total number of non-processor QS units for each crab QS fishery which is
the basis of initial QS allocations.
IPQ account means the amount of crab IPQ in raw crab pounds that is held by a person at any particular time for
a crab QS fishery and region.
Landing means the transfer of raw crab harvested by a vessel prior to that crab being reported on a CR crab
landing report.
(1) For catcher/processors, the amount of crab retained during a reporting period constitutes a landing.
(2) For catcher vessels, the amount of crab removed from the boat at a single location/time constitutes
a landing.
Lease of QS/IFQ or PQS/IPQ means a temporary, annual transfer of crab IFQ or IPQ without the underlying QS or
PQS.
Leaseholder means, for purposes of the EDR, a person who:
(1) Is identified as the leaseholder in a written lease of a catcher vessel, catcher/processor, shoreside
crab processor, or stationary floating crab processor, or
(2) Pays the expenses of a catcher vessel, catcher/processor, shoreside crab processor, or stationary
floating crab processor, or
(3) Claims expenses for the catcher vessel, catcher/processor, shoreside crab processor, or stationary
floating crab processor as a business expense on schedule C of his/her Federal income tax return or
on a state income tax return.
Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation and Management Act, as amended
(16 U.S.C. 1801 et seq.).
Mutual Agreement means, for purposes of the Arbitration System, the consent and agreement of Arbitration
Organizations that represent an amount of Arbitration QS equal to more than 50 percent of all the
Arbitration QS in a fishery, and an amount of PQS equal to more than 50 percent of all the PQS in a fishery
based upon the Annual Arbitration Organization Reports.
Newly constructed vessel means, for the purposes of initial QS issuance, a vessel on which the keel was laid by
June 10, 2002.
Official crab rationalization record means the information prepared by the Regional Administrator about the legal
landings and legal processing by vessels and persons in the BSAI crab fisheries during the qualifying
periods specified at § 680.40.
Processing, or to process means the preparation of, or to prepare, crab to render it suitable for human
consumption or storage. This includes, but is not limited to: Cooking, canning, butchering, sectioning,
freezing or icing.
Processor quota share (PQS) means a permit the face amount of which is used as the basis for the annual
calculation and allocation of IPQ.
Raw crab pounds means the weight of raw crab in pounds when landed.
Registered crab receiver (RCR) means a person holding an RCR Permit issued by the Regional Administrator.
Retain means to fail to return crab to the sea after a reasonable opportunity to sort the catch.
50 CFR 680.2 “Retain” (enhanced display)

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50 CFR 680.2 “Right of First Refusal (ROFR)”

Right of First Refusal (ROFR) means the civil contract provisions set forth under section 313(j) of the MagnusonStevens Act between the holders of PQS and IPQ and ECC entities, other than Adak, for the opportunity of
ECCs to exercise the right to purchase or lease PQS or IPQ proposed to be transferred by a holder of PQS
or IPQ in an ECC.
Seafood Marketing Association Assessment (SMAA) means the seafood processing assessment collected by
processing firms and buyers from fishery harvesters for the State of Alaska.
Share payment means an amount of monetary compensation (not salary or wages) based on gross or net
earnings of a BSAI crab fishing vessel.
Shoreside crab processor means any person or vessel that receives, purchases, or arranges to purchase
unprocessed crab, except a catcher/processor or a stationary floating crab processor.
Sideboards (see § 680.22).
Stationary floating crab processor (SFCP) means a vessel of the United States that remains anchored or
otherwise remains stationary while receiving or processing crab in the waters of the State of Alaska.
Uncommitted IFQ means any Arbitration IFQ that is not Committed IFQ.
Uncommitted IPQ means any IPQ that is not Committed IPQ.
U.S. Citizen means:
(1) Any individual who is a citizen of the United States; or
(2) Any corporation, partnership, association, or other entity that is organized under Federal, state, or
local laws of the United States or that may legally operate in the United States.
[70 FR 10241, Mar. 2, 2005, as amended at 73 FR 29982, May 23, 2008; 73 FR 35088, June 20, 2008; 73 FR 76189, Dec. 15, 2008;
74 FR 41095, Aug. 14, 2009; 77 FR 6503, Feb. 8, 2012; 82 FR 52014, Nov. 9, 2017; 88 FR 7591, Feb. 6, 2023; 89 FR 47876, June 4,
2024; 89 FR 47876, June 4, 2024]

§ 680.3 Relation to other laws.
(a) King and Tanner crab.
(1) Additional laws and regulations governing the conservation and management of king crab and
Tanner crab in the BSAI area are contained in 50 CFR part 679, Alaska Statutes at A.S. 16, and
Alaska Administrative Code at 5 AAC Chapters 34, 35, and 39.
(2) The Alaska Administrative Code (at 5 AAC 39.130) governs reporting and permitting requirements
using the ADF&G “Intent to Operate” registration form and “Fish Tickets.”
(b) Sport, personal use, and subsistence.
(1) For State of Alaska statutes and regulations governing sport and personal use crab fishing other
than subsistence fishing, see Alaska Statutes, Title 16—Fish and Game; 5 AAC Chapters 47 through
77.
(2) For State of Alaska statutes and regulations governing subsistence fishing for crab, see Alaska
Statutes, Title 16—Fish and Game; 5 AAC 02.001 through 02.625.

50 CFR 680.3(b)(2) (enhanced display)

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50 CFR 680.4

§ 680.4 Permits.
(a) General information. Persons participating in the CR fisheries are required to possess the permits
described in this section.
(1) Approval. Approval of applications under this part may be conditioned on the payment of fees under
§ 680.44 or the submission of an EDR as described under § 680.6.
(2) Issuance. The Regional Administrator may issue or amend any permits under this section or under §
680.21 annually or at other times as needed under this part.
(3) Transfer. Crab QS and PQS permits issued under § 680.40 and Crab IFQ and IPQ permits issued
under this section are transferable, as provided under § 680.41. Crab IFQ hired master permits,
Federal crab vessel permits, and RCR permits issued under this section are not transferable.
(4) Inspection. The holder of a Federal crab vessel permit, crab IFQ permit, crab IPQ permit, or crab IFQ
hired master permit, must present a legible copy of the permit on request of any authorized officer or
RCR receiving a crab IFQ landing. A legible copy of the RCR permit must be present at the location of
a crab IFQ landing and an individual representing the RCR must make the RCR permit available for
inspection on request of any authorized officer.
(b) Crab QS permit.
(1) Crab QS is issued by the Regional Administrator to persons who qualify for an initial allocation under
§ 680.40 or receive QS by transfer under § 680.41. Once issued, a crab QS permit is valid until
modified under paragraph (b)(2) or (b)(3) of this section, or by transfer under § 680.41; or until the
permit is revoked, suspended, or modified pursuant to § 679.43 of this chapter or under 15 CFR part
904. To qualify for a crab QS permit, the applicant must be a U.S. citizen.
(2) Each unit of Crab QS initially issued under § 680.40 for the Bering Sea Tanner crab (Chionoecetes
bairdi) CR fishery shall be reissued as one unit of Eastern Bering Sea Tanner crab (EBT) QS and one
unit of Western Bering Sea Tanner crab (WBT) QS.
(3) A converted CPO QS permit is valid until the end of the crab fishing year for which the permit is
issued.
(c) Crab PQS permit.
(1) Crab PQS is issued by the Regional Administrator to persons who successfully apply for an initial
allocation under § 680.40 or receive PQS by transfer under § 680.41. Once issued, a crab PQS permit
is valid until modified under paragraph (c)(2) of this section, or by transfer under § 680.41; or until
the permit is revoked, suspended, or modified pursuant to § 679.43 of this chapter or under 15 CFR
part 904.
(2) Each unit of Crab PQS initially issued under § 680.40 for the Bering Sea Tanner crab (Chionoecetes
bairdi) CR fishery shall be reissued as one unit of Eastern Bering Sea Tanner crab (EBT) PQS and one
unit of Western Bering Sea Tanner crab (WBT) PQS.
(d) Crab IFQ permit.
(1) A crab IFQ permit authorizes the person identified on the permit to harvest crab in the fishery
identified on the permit at any time the fishery is open during the crab fishing year for which the
permit is issued, subject to conditions of the permit. A crab IFQ permit is valid under the following
circumstances:
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(i)

50 CFR 680.4(d)(1)(i)

Until the end of the crab fishing year for which the permit is issued;

(ii) Until the amount harvested is equal to the amount specified on the permit;
(iii) Until the permit is modified by transfers under § 680.41; or
(iv) Until the permit is revoked, suspended, or modified pursuant to § 679.43 or under 15 CFR part
904.
(2) A legible copy of the crab IFQ permit must be carried on board the vessel used by the permitted
person at all times that IFQ crab are retained on board.
(3) On an annual basis, the Regional Administrator will issue a crab IFQ permit to a person who submits
a complete Application for Annual Crab Individual Fishing Quota (IFQ) Permit, described at
paragraph (f) of this section, that is subsequently approved by the Regional Administrator.
(4) To qualify for a crab IFQ permit, the applicant must be a U.S. Citizen.
(e) Crab IPQ permit.
(1) A crab IPQ permit authorizes the person identified on the permit to receive/process the IPQ crab
identified on the permit during the crab fishing year for which the permit is issued, subject to
conditions of the permit. A crab IPQ permit is valid under the following circumstances:
(i)

Until the end of the crab fishing year for which the permit is issued;

(ii) Until the amount received/processed is equal to the amount specified on the permit;
(iii) Until the permit is modified by transfers under § 680.41; or
(iv) Until the permit is revoked, suspended, or modified pursuant to § 679.43 or under 15 CFR part
904.
(2) A legible copy of the crab IPQ permit authorizing receiving/processing of IFQ crab must be retained
on the premises or vessel used by the permitted person to process the IFQ crab at all times that IFQ
crab are retained on the premises or vessel.
(3) On an annual basis, the Regional Administrator will issue a crab IPQ permit to a person who submits
a complete Application for Annual Crab Individual Processing Quota (IPQ) Permit, described at
paragraph (f) of this section, that is subsequently approved by the Regional Administrator.
(f) Contents of annual applications for crab IFQ and IPQ permits.
(1) A complete application must be received by NMFS no later than June 15 (or postmarked by this date,
if sent via U.S. mail or a commercial carrier) for the upcoming crab fishing year for which a person is
applying to receive IFQ or IPQ. If a complete application is not received by NMFS by this date, or
postmarked by this date, the person will not receive IFQ or IPQ for the upcoming crab fishing year. In
the event that NMFS has not received a complete and timely application by June 15, NMFS will
presume that the application was timely filed if the applicant can provide NMFS with proof of timely
filing.
(2) For the application to be considered complete, all fees required by NMFS must be paid, and any EDR
required under § 680.6 must be submitted to the DCA. In addition, the applicant must include the
following information:

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(i)

50 CFR 680.4(f)(2)(i)

Applicant information. Enter applicant's name and NMFS Person ID; applicant's date of birth or,
if a non-individual, date of incorporation; applicant's social security number (optional) or tax
identification number; applicant's permanent business mailing address and any temporary
mailing address the applicant wishes to use; and applicant's business telephone number,
facsimile number, and e-mail address.

(ii) Crab IFQ or IPQ permit identification. Indicate the type of crab IFQ or IPQ permit for which
applicant is applying by QS fishery(ies) and indicate (YES or NO) whether applicant has joined a
crab harvesting cooperative. If YES, enter the name of the crab harvesting cooperative(s) the
applicant has joined for each crab fishery.
(iii) Identification of ownership interests. If the applicant is not an individual, provide the names of
all persons, to the individual level, holding an ownership interest in the entity and the
percentage ownership each person and individual holds in the applicant.
(iv) Certification of ROFR contract for crab IPQ permit. Indicate (YES or NO) whether any of the IPQ
for which the applicant is applying to receive is subject to right of first refusal (ROFR). If YES
certify (YES or NO) whether there is a ROFR contract currently in place between the applicant
and the ECC entity holding the ROFR for the IPQ that includes the required ROFR contract terms
specified in Chapter 11 section 3.4.4.1.2 of the Fishery Management Plan for Bering Sea/
Aleutian Islands King and Tanner Crabs.
(v) Documentation of affiliation. Complete a documentation of affiliation declaring any and all
affiliations, as the term “affiliation” is defined at § 680.2. A documentation of affiliation includes
affirmations by the applicant pertaining to relationships that may involve direct or indirect
ownership or control of the delivery of IFQ crab and any supplemental documentation deemed
necessary by NMFS to determine whether an affiliation exists. Indicate whether any entity that
holds PQS or IPQ is affiliated with the applicant, as affiliation is defined in § 680.2. If the
applicant is considered affiliated, the applicant must provide a list of all PQS or IPQ holders with
which he/she is affiliated, including full name, business mailing address, and business
telephone number.
(vi) Certification of applicant. The applicant must sign and date the application certifying that all
information is true, correct, and complete to the best of his/her knowledge and belief. Print the
name of the applicant. If the application is completed by an authorized representative, proof of
authorization must accompany the application.
(g) Crab IFQ hired master permit.
(1) A crab IFQ hired master permit is issued on an annual basis and authorizes the individual identified
on the permit to harvest and land IFQ crab for debit against the specified crab IFQ permit until the
crab IFQ hired master permit expires or is revoked, suspended, or modified pursuant to § 679.43 or
under 15 CFR part 904, or on request of the crab IFQ permit holder.
(2) A legible copy of the crab IFQ hired master permit must be on board the vessel used by the hired
master to harvest IFQ crab at all times IFQ crab are retained on board. Except as specified in §
680.42, an individual who is issued a crab IFQ hired master permit must remain aboard the vessel
used to harvest IFQ crab, specified under that permit, during the crab fishing trip and at the landing
site until all crab harvested under that permit are offloaded and the landing report for IFQ crab is
completed.

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50 CFR 680.4(h)

(h) Contents of application for crab IFQ hired master permit. In order for the application to be considered
complete, a copy of the USCG Abstract Of Title or Certificate Of Documentation must be included with this
application to demonstrate percent of vessel ownership by the IFQ permit holder. A complete application
for a crab IFQ hired master permit must include the following information:
(1) Purpose of application. Indicate whether the application is to add or to delete a hired master and
identification of crab IFQ permit(s) for which this application is submitted.
(2) IFQ permit holder information. Enter permit holder's name, NMFS Person ID, and social security
number (optional) or tax identification number; permit holder's permanent or temporary business
mailing address; and permit holder's business telephone number, facsimile number, and e-mail
address (if available).
(3) Identification of vessel upon which crab IFQ will be harvested. Enter the vessel's name, ADF&G vessel
registration number, and USCG documentation number. Indicate whether (YES or NO) the permit
holder has at least a 10 percent ownership interest in the vessel the crab IFQ hired master will use to
fish permit holder's IFQ crab. If YES, provide documentation of IFQ permit holder's 10 percent
ownership interest.
(4) IFQ hired master permit holder information. Complete a separate section for each crab IFQ hired
master. Enter the hired master's name, NMFS Person ID, social security number (optional) or tax
identification number, and date of birth; hired master's permanent or temporary business mailing
address; and hired master's business telephone number, facsimile number, and e-mail address (if
available).
(5) Applicant certification. The applicant must sign and date the application certifying that all
information is true, correct, and complete to the best of his/her knowledge and belief. If the
application is completed by an authorized representative, then authorization must accompany the
application.
(i)

RCR permit.
(1) An RCR permit is issued on an annual basis. An RCR permit is valid during the crab fishing year for
which it is issued until the RCR permit expires or is revoked, suspended, or modified pursuant to §
679.43 or under 15 CFR part 904.
(2) An RCR permit is required for any person who receives unprocessed CR crab from the person(s) who
harvested the crab, the owner or operator of a vessel that processes CR crab at sea, any person
holding IPQ, and any person required to submit a Departure Report under 50 CFR 679.5(l)(4).

(j)

Contents of application for RCR permit. For the application to be considered complete, all fees required by
NMFS must be paid, and any EDR required under § 680.6 must be submitted to the DCA. In addition, the
applicant must include the following information:
(1) Purpose of application. Indicate whether the application is a request for a new RCR permit, a renewal
of an existing RCR permit, or an amendment to an existing RCR permit. If a renewal of or amendment
to an existing RCR permit, include the applicant's RCR permit number.
(2) Applicant identification. Enter applicant's name and NMFS Person ID; applicant's social security
number or tax ID number (required); name of contact person for the applicant, if applicant is not an
individual; applicant's permanent business mailing address; and business telephone number,
facsimile number, and e-mail address (if available).

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50 CFR 680.4(j)(3)

(3) Type of activity. Select type of receiving or processing activity and whether catcher/processor or
shoreside processor.
(4) Individual responsible for submission of EDR. Enter the name of the designated representative
submitting the EDR on behalf of the RCR, if an EDR is required at § 680.6. If different from the RCR's
contact information, also enter the designated representative's business mailing address, telephone
number, facsimile number, and e-mail address (if available).
(5) Application certification. The applicant must sign and date the application certifying that all
information is true, correct, and complete to the best of his/her knowledge and belief. If the
application is completed by an authorized representative, then proof of authorization must
accompany the application.
(k) Federal crab vessel permit. The owner of a vessel must have a Federal crab vessel permit on board that
vessel when used to fish for CR crab.
(1) A Federal crab vessel permit is issued on an annual basis to the owner of the vessel and is in effect
from the date of issuance through the end of the crab fishing year for which the permit was issued,
unless it is revoked, suspended, or modified under § 600.735 or § 600.740.
(2) A Federal crab vessel permit may not be surrendered at any time during the crab fishing year for
which it was issued.
(3) A Federal crab vessel permit issued under this paragraph is not transferable or assignable and is
valid only for the vessel for which it is issued.
(4) To qualify for a Federal crab vessel permit, the applicant must be a U.S. Citizen.
(5) The holder of a Federal crab vessel permit must submit an amended application for a Federal crab
vessel permit within 10 days of the date of change in: the ownership of the vessel (a copy of the
current USCG documentation for the vessel showing the change in ownership must accompany the
amended application), or the individual responsible for submission of the EDR on behalf of the
vessel's owner(s).
(l)

Contents of application for federal crab vessel permit. For the application to be considered complete, all
fees required by NMFS must be paid, and any EDR required under § 680.6 must be submitted to the DCA.
Also, if ownership of the vessel has changed or if the permit application for a vessel to which a Federal
crab vessel permit has never been issued, a copy of the USCG Abstract Of Title or Certificate Of
Documentation. In addition the applicant must include the following information:
(1) Purpose of application. Indicate whether the application is a request for a new permit, a renewal of an
existing permit, or an amendment to an existing permit. If a renewal of or amendment to an existing
permit, include the current Federal crab vessel permit number.
(2) Contact owner information. The name(s), permanent business mailing address, social security
number (voluntary) or tax ID number, business telephone number, business facsimile number,
business e-mail address (if available) of all vessel owners, and the name of any person or company
(other than the owner) that manages the operation of the vessel.

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50 CFR 680.4(l)(3)

(3) Vessel information. Enter the vessel's name and home port (city and state); ADF&G processor code, if
vessel is a catcher/processor or stationary floating crab processor; whether a vessel of the United
States; USCG documentation number; ADF&G vessel registration number; and vessel's LOA (in feet),
registered length (in feet), gross tonnage, net tonnage, and shaft horsepower. Indicate all types of
operations the vessel may conduct during a crab fishing year.
(4) Designated representative for EDR. Enter the name of the designated representative who is
responsible for completion and submission of the EDR, and the representative's business mailing
address, telephone number, facsimile number, and e-mail address (if available).
(5) Applicant certification. The applicant must sign and date the application certifying that all
information is true, correct, and complete to the best of his/her knowledge and belief. Print the
applicant name. If the application is completed by an authorized representative, then authorization
must accompany the application.
(m) Annual crab harvesting cooperative IFQ permit. See § 680.21.
(n) Contents of annual application for converted CPO QS/IFQ permit.
(1)
(i)

A complete application must be received by NMFS no later than June 15 (or postmarked by this
date, if sent via U.S. mail or a commercial carrier) for the upcoming crab fishing year for which
a person or crab harvesting cooperative is applying to receive converted CPO QS and the IFQ
derived from that converted CPO QS. If a complete application is not received by NMFS by this
date, or postmarked by this date, the person or crab harvesting cooperative will not receive
converted CPO QS and the IFQ derived from that converted CPO QS for the upcoming crab
fishing year. In the event that NMFS has not received a complete and timely application by June
15, NMFS will presume that the application was timely filed if the applicant can provide NMFS
with proof of timely filing.

(ii) To receive converted CPO QS/IFQ this application must be accompanied by a timely and
complete application for crab IFQ/IPQ described at paragraph (f) of this section or a timely and
complete application for a crab harvesting cooperative IFQ permit described at paragraph (m)
of this section.
(2) For the application to be considered complete, all fees required by NMFS must be paid, and any EDR
required under § 680.6 must be submitted to the DCA. In addition, the applicant must include the
following information (see paragraphs (n)(2)(i) through (v) of this section):
(i)

Entity identification. Indicate the entity (Entity A, B, or C) described in § 680.40(c)(5)(ii) through
(c)(5)(iv) for which you are applying to receive converted CPO QS.

(ii) Applicant information. Enter applicant's name and NMFS Person ID; applicant's permanent
business mailing address and any temporary mailing address the applicant wishes to use; and
applicant's business telephone number, facsimile number, and e-mail address.
(A) For Entity A or B:
(1) Identify the amount of CVO QS in either the BBR or BSS crab QS fishery with a North
Region designation for issuance as converted CPO QS; and
(2) Identify the amount of PQS in either the BBR or BSS crab QS fishery initially issued to
you by NMFS with a North Region designation for issuance as converted CPO QS.
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50 CFR 680.4(n)(2)(ii)(B)

(B) For Entity C:
(1) Identify the amount of CVO QS in either the BBR or BSS crab QS fishery initially issued
to you by NMFS with a North Region designation for issuance as converted CPO QS;
and
(2) Identify the amount of PQS in either the BBR or BSS crab QS fishery with a North
Region designation for issuance as converted CPO QS.
(iii) Affiliate information for Entities A and B.
(A) For Entities A and B described in § 680.40(c)(5)(ii) and (c)(5)(iii), indicate the permanent
business mailing address and any temporary mailing address, business telephone
number, facsimile number, and e-mail address of any person who is affiliated with you
based on information provided in an annual application for IFQ/IPQ that is approved by the
Regional Administrator for that crab fishing year
(B) Indicate the amount of PQS in either the BBR or BSS crab QS fishery initially issued to that
person with a North Region designation for issuance as converted CPO QS.
(C) Indicate the amount of CVO QS in either the BBR or BSS crab QS fishery with a North
Region designation held by the affiliate for issuance as converted CPO QS.
(iv) Affiliate information for Entity C.
(A) For Entity C described in § 680.40(c)(5)(iv), indicate the permanent business mailing
address and any temporary mailing address, business telephone number, facsimile
number, and e-mail address of any person who is affiliated with you based on information
provided in an annual application for IFQ/IPQ that is approved by the Regional
Administrator for that crab fishing year.
(B) Indicate the amount of PQS in either the BBR or BSS crab QS fishery with a North Region
designation for issuance as converted CPO QS.
(C) Indicate the amount of CVO QS in either the BBR or BSS crab QS fishery initially issued to
the affiliate with a North Region designation for issuance as converted CPO QS.
(v) Certification of applicant and affiliates. The applicant and any persons who are affiliated with the
applicant and named on the application must sign and date the application certifying that all
information is true, correct, and complete to the best of his/her knowledge and belief. If the
application is completed by an authorized representative, proof of authorization must
accompany the application.
(o) Exemption from Western Aleutian Islands golden king crab West regional delivery requirements —
(1) Request for an Annual Exemption from Western Aleutian Islands golden king crab West regional
delivery requirements. The eligible contract signatories (see qualifications at § 680.4(o)(2)(i)) may
submit an application to NMFS to request that NMFS exempt West designated IFQ and West
designated IPQ for the Western Aleutian Islands golden king crab (WAG) fishery from the West
regional delivery requirements at § 680.7(a)(2) and (a)(4). All eligible contract signatories must
submit one completed copy of the application form. The application must be submitted to NMFS
using one of the following methods:

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(i)

50 CFR 680.4(o)(1)(i)

Mail: Regional Administrator, c/o Restricted Access Management Program, NMFS, P.O. Box
21668, Juneau, AK 99802-1668; or

(ii) Fax: 907-586-7354; or
(iii) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, Juneau, AK 99801.
(2) Application form. The application form is available on the NMFS Alaska region Web site
(http://alaskafisheries.noaa.gov) or from NMFS at the address in paragraph (o)(1)(i) of this section.
All information fields on the application form must be accurately completed, including—
(i)

Identification of eligible contract signatories. Full name of each eligible contract signatory;
NMFS person ID; and appropriate information that documents the signatories meet the
requirements. If the application is completed by an individual who is the authorized
representative, then documentation demonstrating the authorization must accompany the
application. Eligible contract signatories are—
(A) QS holders: Any person that holds in excess of 20 percent of the West designated WAG QS
at the time the contract was signed, or their authorized representative.
(B) PQS holders: Any person that holds in excess of 20 percent of the West designated WAG
PQS at the time the contract was signed, or their authorized representative.
(C) Municipalities: designated officials from both the City of Adak and the City of Atka or an
authorized representative.

(ii) Affidavit affirming master contract has been signed. Each eligible contract signatory, as
described in paragraph (o)(2)(i) of this section, must sign and date an Affidavit affirming that a
master contract has been signed to authorize the completion of the application to request that
NMFS exempt West designated IFQ and West designated IPQ for the WAG fishery from the
West regional delivery requirements. The eligible contract signatories must affirm on the
Affidavit that all information is true, correct, and complete to the best of his or her knowledge
and belief.
(3) Effective date. A completed application must be approved by NMFS before any person may use WAG
IFQ or IPQ with a West regional designation outside of the West region during a crab fishing year. If
approved, the effective date of the exemption is the date the application was approved by NMFS.
Any delivery of WAG IFQ or IPQ with a West regional designation outside of the West region prior to
the effective date of the exemption is prohibited under § 680.7(a)(2) and (a)(4).
(4) Duration. An exemption from West regional delivery requirements is only valid for the remainder of
the crab fishing year during which the application was approved by NMFS. The exemption expires at
the end of the crab fishing year (June 30).
(5) Approval.
(i)

NMFS will approve a completed application for the exemption from Western Aleutian Islands
golden king crab West regional delivery requirements if all eligible contract signatories meet the
requirements specified in paragraph (o)(2)(i) of this section.

(ii) The Regional Administrator will not consider an application to have been received if the
applicant cannot provide objective written evidence that NMFS Alaska Region received it.

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50 CFR 680.4(o)(5)(iii)

(iii) NMFS approval of an annual exemption from the Western Aleutian Islands golden king crab
West regional delivery requirements will be made publicly available at the NMFS Web site at
http://alaskafisheries.noaa.gov.
(p) Exemption from regional delivery requirements for the Bristol Bay red king crab, Bering Sea snow crab, St.
Matthew blue king crab, Eastern Aleutian Islands golden king crab, Western Aleutian Islands red king crab,
and Pribilof red king and blue king crab fisheries —
(1) Apply for an Exemption. Eligible applicants may submit an application to exempt North Region IFQ
and IPQ or South Region IFQ and IPQ from the prohibitions at §§ 680.7(a)(2) and (a)(4).
(2) Identification of eligible applicants. Eligible applicants are:
(i)

IFQ holders. Any person holding regionally designated IFQ for Bristol Bay red king crab, Bering
Sea snow crab, St. Matthew blue king crab, Eastern Aleutian Islands golden king crab, Western
Aleutian Islands red king crab, or Pribilof red king and blue king crab, or their authorized
representative.

(ii) IPQ holders. Any person holding regionally designated IPQ for Bristol Bay red king crab, Bering
Sea snow crab, St. Matthew blue king crab, Eastern Aleutian Islands golden king crab, Western
Aleutian Islands red king crab, or Pribilof red king and blue king crab, or their authorized
representative.
(iii) Community representatives.
(A) For communities that hold or formerly held the ROFR pursuant to § 679.41(l), the
community representative that signs the preseason application, the framework
agreement, the inseason notice, and the exemption contract is the ECC entity, as defined
at § 680.2.
(B) For North Region St. Matthew blue king crab PQS and North Region Bering Sea snow crab
PQS that was issued without a ROFR, the community representative that signs the
preseason application, the framework agreement, the inseason notice, and the exemption
contract for Saint Paul and Saint George shall be either:
(1) Both Aleutian Pribilof Islands Community Development Association (APICDA) and
the Central Bering Sea Fishermen's Association (CBSFA), or
(2) the community representative that APICDA and CBSFA designate in writing to NMFS
by December 9, 2013.
(i)

Either APICDA or CBSFA may revoke the designated community representative
by providing written notice to the other entity and to NMFS.

(ii) If either APICDA or CBSFA revokes its designation of a community
representative after October 15 of a crab fishing year, the revocation will not
affect the validity of any action taken by the designated community
representative pursuant to paragraph (p) for that crab fishing year, including
signing the preseason application, the framework agreement, the inseason
notice, and the exemption contract.
(3) Required Applicants. Multiple parties may apply for an exemption; however, a complete preseason
application and a complete inseason notice must be submitted by a minimum of one Class A IFQ
holder, one IPQ holder, and one community representative.
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50 CFR 680.4(p)(4)

(4) Application for an Exemption from the CR Program Regional Delivery Requirements —
(i)

Application Form. The application form consists of two parts: a preseason application for
exemption and an inseason notice of exemption. The application form is available on the NMFS
Alaska Region Web site (http://alaskafisheries.noaa.gov) or from NMFS at the address below.
NMFS must receive both parts of the application form by one of the following methods:
(A) Mail: NMFS Regional Administrator, c/o Restricted Access Management Program, P.O. Box
21668, Juneau, AK 99802-1668; or
(B) Fax: 907-586-7354; or
(C) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, Juneau, AK 99801.

(ii) Part I: Preseason Application.
(A) A complete preseason application must be signed by the required applicants specified in
paragraph (p)(3), contain the information specified on the form, have all applicable fields
accurately completed, and have all required documentation attached.
(B) Each applicant must certify, through an affidavit, that the applicant has entered into a
framework agreement that—
(1) Specifies the CR crab fisheries that are the subject of the framework agreement;
(2) Specifies the actions that the parties will take to reduce the need for, and amount of,
an exemption;
(3) Specifies the circumstances that could be an obstacle to delivery or processing
under which the parties would execute an exemption contract and receive an
exemption;
(4) Specifies the actions that the parties would take to mitigate the effects of an
exemption;
(5) Specifies the compensation, if any, that any party would provide to any other party;
(6) Specifies any arrangements for compensatory deliveries in that crab fishing year or
the following crab fishing year and;
(7) Is signed by the holders of the IFQ and IPQ that are the subject of the framework
agreement and by the community representative that is authorized to sign the
framework agreement.
(C) Each applicant must sign and date the affidavit and affirm that, under penalty of perjury,
the information and the claims provided on the application are true, correct, and complete.
(D) NMFS must receive the preseason application on or before October 15 of the crab fishing
year for which the applicants are applying for an exemption.
(1) If a preseason application is submitted by mail, the date of receipt of the preseason
application by NMFS will be the postmark date of the application;

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50 CFR 680.4(p)(4)(ii)(D)(2)

(2) If an applicant disputes whether NMFS received a preseason application on or before
October 15, the applicant must provide written documentation that was
contemporaneous with NMFS' receipt of the application demonstrating that NMFS
received the application by October 15.
(E) If NMFS does not receive a timely and complete preseason application on or before
October 15 of a crab fishing year, NMFS will deny the preseason application; those
applicants will not be able to receive an exemption for that crab fishing year.
(F) If a preseason application is timely and complete, NMFS will approve the application. If
NMFS approves a preseason application for an exemption, the applicants will be able to
receive an exemption during the crab fishing year if the applicants comply with the
requirements for an inseason notice of exemption specified below at paragraph (p)(4)(iii).
(G) If NMFS denies a preseason application for any reason, the applicants may appeal the
denial pursuant to 50 CFR 679.43.
(H) NMFS will notify all of the applicants whether NMFS has approved or denied the
preseason application.
(iii) Part II: Inseason Notice of Exemption.
(A) A complete inseason notice must:
(1) Identify the IFQ amount and IPQ amount, by CR crab fishery, subject to the exemption;
(2) Contain the information specified on the form, have all applicable fields accurately
completed, and have all required documentation attached; and
(3) Be signed by the required applicants specified in paragraph (p)(3) of this section that
also signed the preseason application.
(B) Each applicant must certify, through an affidavit, that the applicants have entered into an
exemption contract that—
(1) Identifies the IFQ amount and IPQ amount, by CR crab fishery, that is subject to the
exemption contract;
(2) Describes the circumstances under which the exemption is being exercised;
(3) Specifies the action that the parties must take to mitigate the effects of the
exemption;
(4) Specifies the compensation, if any, that any party must make to any other party;
(5) Specifies any arrangements for compensatory deliveries in that crab fishing year or
the following crab fishing year; and
(6) Is signed by the holders of the IFQ and IPQ that are the subject of the exemption
contract and by the community representative that is authorized to sign the
exemption contract.
(C) Each applicant must sign and date the affidavit and affirm that, under penalty of perjury,
the information and the claims provided on the notice are true, correct, and complete.

50 CFR 680.4(p)(4)(iii)(C) (enhanced display)

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50 CFR 680.4(p)(4)(iii)(D)

(D) NMFS must receive the inseason notice at least one day prior to the day on which the
applicants want the exemption to take effect. If an inseason notice is submitted by mail,
the date that NMFS receives the inseason notice is not the postmark date of the notice.
(E) The effective date of the exemption is the day after NMFS receives a complete inseason
notice. Any delivery of North Region IFQ or South Region IFQ outside the designated
region prior to the effective date of the exemption is prohibited under § 680.7(a)(2) and
(4). Any processing of North Region IPQ or South Region IPQ outside the designated
region prior to the effective date of the exemption is prohibited under § 680.7(a)(2) and
(4).
(F) An exemption is effective for the remainder of the crab fishing year, unless the inseason
notice of exemption specifies that compensatory deliveries will occur in the following crab
fishing year and then the exemption will remain in effect for the IFQ and IPQ specified for
compensatory delivery in the following crab fishing year.
(5) Regional Delivery Exemption Report.
(i)

Each IFQ holder that signs a preseason application, described in paragraph (p)(4)(ii) of this
section, must submit a Regional Delivery Exemption Report to NMFS that includes an
explanation of—
(A) The amount of IFQ, if any, set aside to reduce the need for, and the amount of, an
exemption;
(B) The mitigation measures employed before submitting an inseason notice;
(C) The number of times an exemption was requested and used;
(D) The arrangements for any compensatory deliveries, including all compensatory deliveries
made during the crab fishing year and any outstanding compensatory delivery obligations
for the following crab fishing year;
(E) Whether the exemption was necessary; and
(F) Any impacts resulting from the exemption on the fishery participants and communities
that signed the preseason application.

(ii) On or before July 15, IFQ holders must submit a copy of the Regional Delivery Exemption Report
to the IPQ holders and community representatives that also signed the preseason application.
(iii) On or before July 30, IFQ holders must submit the Regional Delivery Exemption Report to NMFS
at the address in paragraph (p)(4)(i) of this section.
(6) Public Notice of the Exemption. NMFS will post the effective date of an exemption and the Regional
Delivery Exemption Reports on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov).
(q) Initial administrative determination (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, 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
50 CFR 680.4(q) (enhanced display)

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50 CFR 680.5

information, or the revised application. The IAD will also indicate which claims cannot be approved based
on the available information or evidence. An applicant who receives an IAD may appeal under the appeals
procedures set forth at 15 CFR part 906. If an applicant appeals an IAD denying an Application for Annual
Crab IFQ, IPQ, or harvesting Cooperative IFQ Permit because the application was not timely filed, the
appeal must be filed within 30 days after the date the IAD is issued. An applicant who avails himself or
herself of the opportunity to appeal an IAD will not receive crab IFQ or IPQ until after the final resolution of
that appeal in the applicant's favor.
[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 32864, June 7, 2006; 73 FR 29982, May 23, 2008; 73 FR 76189, Dec. 15, 2008; 76
FR 35785, June 20, 2011; 78 FR 28529, May 15, 2013; 80 FR 15896, Mar. 26, 2015; 81 FR 1561, Jan. 13, 2016]

§ 680.5 Recordkeeping and reporting (R&R).
(a) General requirements —
(1) Recording and reporting crab. Any CR crab harvested that is retained must be recorded and reported.
(2) Responsibility.
(i)

The participants in the CR fisheries are responsible for complying with the following R&R
requirements:

Recordkeeping and reporting report

Person responsible

Reference

(A) Longline and pot gear catcher vessel
daily fishing logbook

Owner and operator of vessel

§
679.5(c)(1).

(B) Longline and pot gear catcher/
processor daily cumulative production
logbook

Owner and operator of vessel

§
679.5(c)(1).

(C) Product Transfer Report (PTR)

Owner and operator of catcher/
processor; Owner and manager of
shoreside processor or SFCP; RCR

§ 679.5(g).

(D) U.S. Vessel Activity Report (VAR)

Owner and operator of vessel

§ 679.5(k).

(E) Transhipment Authorization

Owner and operator of a catcher/
processor; RCR

§
679.5(l)(3).

(F) IFQ Departure Report

Owner and operator of vessel

§
679.5(l)(4).

(G) CR Crab Landing Report

RCR

§ 679.5(e)

(I) Eligible Crab Community Organization
(ECCO) Annual Report for an Eligible Crab
Community (ECC)

ECCO

§ 680.5(f).

(J) RCR Fee Submission Form

RCR

§ 680.5(g).

(K) Crab Economic Data Report (EDR)

Owners or leaseholders of a catcher
vessel, catcher/processor, shoreside
processor, or SFCP

§ 680.6.

(H) [Reserved]

50 CFR 680.5(a)(2)(i) (enhanced display)

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Recordkeeping and reporting report
(L) CR RCR Ex vessel Volume and Value
Report

50 CFR 680.5(a)(3)

Person responsible
RCR

Reference
§ 680.5(m)

(3) Representative. Designation of a representative to complete R&R requirements does not relieve the
person(s) responsible for compliance from ensuring compliance with this section.
(4) Submittal of information. A person must submit to NMFS all information, records, and reports
required in this section in English and in a legible, timely, and accurate manner, based on A.l.t.; if
handwritten or typed, in indelible ink.
(5) Alteration of records. A person may not alter or change any entry or record submitted to NMFS,
except that an inaccurate, incomplete, or incorrect entry or record may be corrected after notifying
the Regional Administrator at the address and facsimile number listed on each form, or as provided
the opportunity on the Internet.
(6) Inspection of records. A person responsible for R&R under paragraph (a)(2) of this section must
make available for inspection all reports, forms, scale receipts, and CR crab landing report receipts
upon the request of an authorized officer for the time periods indicated in paragraph (a)(7) of this
section.
(7) Retention of records. A person responsible for R&R under paragraph (a)(2) of this section must retain
all reports and receipts as follows:
(i)

On site. Until the end of the crab fishing year during which the records were made and for as
long thereafter as crab or crab products recorded in the records are retained onboard the vessel
or on site at the facility; and

(ii) For 3 years. For 3 years after the end of the crab fishing year during which the records were
made.
(8) Landing verification and inspection. Each CR crab landing and all crab retained on board the vessel
making a CR crab landing are subject to verification and inspection by authorized officers.
(9) Sampling. Each CR crab landing and all crab retained onboard a vessel making a CR crab landing are
subject to sampling by authorized officers and observers.
(b) IFQ crab landings —
(1) Landing reports. See § 679.5(e) of this chapter.
(2) Properly debited landing. All landed crab catch must be weighed, reported, and debited from the
appropriate IFQ account under which the catch was harvested, and IPQ account under which it was
received, as appropriate (see § 679.5(e) of this chapter).
(c)-(e) [Reserved]
(f) ECCO Annual Report.

50 CFR 680.5(f) (enhanced display)

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50 CFR 680.5(f)(1)

(1) Annually by June 30, each ECCO must submit a complete annual report on its crab QS activity for the
prior crab fishing year for each ECC represented by the ECCO. The ECCO must submit a copy of the
annual report to the governing body of each community represented by the ECCO and to the
Regional Administrator, NMFS, Alaska Region; P.O. Box 21668; Juneau, AK 99802.
(2) Contents of ECCO Annual Report. A complete annual report must include the following information
for the crab IFQ derived from the QS held by the ECCO:
(i)

Name, ADF&G vessel registration number, USCG documentation number, and Federal crab
vessel permit of each vessel from which the crab IFQ was harvested;

(ii) Name and business addresses of individuals employed as crew members when fishing the crab
IFQ;
(iii) Criteria used by the ECCO to distribute crab IFQ leases among eligible community residents;
(iv) Description of efforts made to ensure that crab IFQ lessees employ crew members who are
eligible community residents of the ECC aboard vessels on which crab IFQ derived from QS
held by a ECCO is being fished;
(v) Description of the process used to solicit lease applications from eligible community residents
of the ECC on whose behalf the ECCO is holding QS;
(vi) Names and business addresses and amount of crab IFQ requested by each individual applying
to receive crab IFQ from the ECCO;
(vii) Any changes in the bylaws of the ECCO, board of directors, or other key management personnel;
(viii) Copies of minutes, bylaw changes, motions, and other relevant decision making documents
from ECCO board meetings.
(g) RCR fee submission form (See § 680.44).
(1) Applicability. An RCR or the RCR's authorized representative, who receives any CR crab pursuant to §
680.44 must submit to NMFS online a complete RCR fee form as instructed on the form at NMFS
Alaska Region website at http://alaskafisheries.noaa.gov.
(2) Due date and submittal. The reporting period of the RCR fee submission shall be the crab fishing year.
An RCR must submit any crab cost recovery fee liability payment(s) and the RCR fee submission
form to NMFS online not later than July 31 following the crab fishing year in which the CR crab
landings were made.
(3) Required information. An RCR must accurately record on the RCR fee submission form the following
information:
(i)

Identification of the RCR. Enter the printed full name, NMFS person ID, RCR permit number,
social security number or Federal tax identification number of the RCR. Enter the permanent or
temporary business mailing address (indicate whether permanent or temporary), and the
business telephone number, facsimile number, and e-mail address (if available).

(ii) Signature of applicant. Enter printed name and signature of applicant and date signed. If
authorized representative, attach authorization to application.
(h) Product transfer report. (See § 679.5(g).)
(i)

U.S. Vessel activity report (VAR). (See § 679.5(k).)

50 CFR 680.5(i) (enhanced display)

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(j)

50 CFR 680.5(j)

Transshipment authorization. (See § 679.5(l)(3).)

(k) IFQ departure report. (See § 679.5(l)(4).)
(l)

Catcher vessel longline and pot daily fishing logbook (DFL) and catcher/processor daily cumulative
production logbook (DCPL). (See § 679.5 (c)).

(m) CR Registered Crab Receiver (RCR) Ex-vessel Volume and Value Report —
(1) Applicability. An RCR that also operates as a shoreside processor or stationary floating crab
processor and receives and purchases landings of CR crab must submit annually to NMFS a
complete CR RCR Ex-vessel Volume and Value Report, as described in this paragraph (m), for each
reporting period in which the RCR receives CR crab.
(2) Reporting period. The reporting period of the CR RCR Ex-vessel Volume and Value Report shall
extend from August 1 through May 31 of the following year, inclusive.
(3) Due date. A complete CR RCR Ex-vessel Volume and Value Report must be received by the Regional
Administrator no later than May 31 of the reporting period in which the RCR received CR crab.
(4) Information required. The RCR must log in to http://alaskafisheries.noaa.gov using the RCR's
password and NMFS person ID to submit a CR RCR Ex-vessel Volume and Value Report. The NMFS
software autofills the RCR name. The User must review the autofilled cells to ensure that they are
accurate. The RCR must enter the information in paragraphs (m)(4)(i) through (iv) of this section for
a complete CR RCR Ex-vessel Volume and Value Report for priced crab delivered raw:
(i)

RCR identification.
(A) RCR permit number.
(B) Landing month.
(C) Port (location of facility or vessel).

(ii) CR crab program (e.g., IFQ, CDQ, ADAK).
(iii) CR crab pounds purchased and ex-vessel value. Enter for each program, fishery, species, and
month.
(A) Pounds purchased. The total CR crab pounds purchased by fishery and species for each
month.
(B) Ex-vessel value paid. The total gross ex-vessel value paid for raw CR crab pounds before
any deductions are made for goods and services provided to the CR crab harvesters. The
gross value includes all value paid in any form (e.g., dollars, goods, services, bait, ice, fuel,
repairs, machinery replacement, etc.), and any retro payments paid for crab in paragraph
(m)(4)(iii)(A) of this section.
(iv) Certification. By using the RCR NMFS ID and password and submitting the report, the RCR
certifies that all information is true, correct, and complete to the best of his or her knowledge
and belief.
(5) Submittal. The RCR must complete and submit online by electronic submission to NMFS the CR
Registered Crab Receiver Ex-vessel Volume and Value Report available at
https://alaskafisheries.noaa.gov.
50 CFR 680.5(m)(5) (enhanced display)

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50 CFR 680.6

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, Dec. 20, 2005; 73 FR 76189, Dec. 15, 2008; 74
FR 51519, Oct. 7, 2009; 75 FR 56486, Sept. 16, 2010; 80 FR 15897, Mar. 26, 2015; 81 FR 23649, Apr. 22, 2016]

§ 680.6 Crab economic data report (EDR).
(a) Requirements.
(1) Any owner or leaseholder of a vessel or processing plant, or a holder of a registered crab receiver
permit that harvested, processed, custom processed, or obtained custom processing for CR crab,
during a calendar year, must submit a complete Economic Data Report (EDR) by following the
instructions on the applicable EDR form.
(2) A completed EDR or EDR certification pages must be submitted to NMFS, in the manner specified on
the NMFS-issued EDR form, for each calendar year on or before 1700 hours, A.l.t., July 31 of the
following year.
(3) Annual EDR forms for catcher vessels, catcher/processors, shoreside crab processors, and
stationary floating crab processors are available on the NMFS Alaska Region website at
https://alaskafisheries.noaa.gov or by contacting NMFS at 1-800-304-4846.
(b) EDR certification pages. Any person required to submit an annual EDR under paragraph (a) of this section
must submit the EDR certification pages as either:
(1) Part of the entire EDR. Persons submitting the completed EDR certification pages as part of the
entire EDR must attest to the accuracy and completion of the EDR by signing and dating the
certification pages; or
(2) A separate document. Persons submitting the completed EDR certification pages only must attest
that they meet the conditions exempting them from submitting the entire EDR, by signing and dating
the certification pages.
(c) Annual catcher vessel crab EDR. Any owner or leaseholder of a catcher vessel that landed CR crab in the
previous calendar year must submit to NMFS, in the manner specified on the NMFS-issued EDR form, a
completed catcher vessel EDR for annual data for the previous calendar year.
(d) Annual catcher/processor crab EDR. Any owner or leaseholder of a catcher/processor that harvested or
processed CR crab in the previous calendar year must submit to NMFS, in the manner specified on the
NMFS-issued EDR form, a completed catcher/processor EDR for annual data for the previous calendar
year.
(e) Annual stationary floating crab processor (SFCP) and shoreside crab processor EDR —
(1) Any owner or leaseholder of an SFCP or a shoreside crab processor that processed CR crab,
including custom processing of CR crab performed for other crab buyers, in the previous calendar
year must submit to NMFS, in the manner specified on the NMFS-issued EDR form, a completed
processor EDR for annual data for the previous calendar year.
(2) Any holder of a registered crab receiver (RCR) permit that obtained custom processing for CR
Program crab in the previous calendar year must submit to NMFS, in the manner specified on the
NMFS-issued EDR form, a completed processor EDR for annual data for the previous calendar year.
(f) Verification of data.
(1) The DCA shall conduct verification of information with the owner or leaseholder.
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50 CFR 680.6(f)(2)

(2) The owner or leaseholder must respond to inquiries by the DCA within 20 days of the date of
issuance of the inquiry.
(g) DCA authorization. The DCA is authorized to request voluntary submission of economic data specified in
this section from persons who are not required to submit an EDR under this section.
[78 FR 36127, June 17, 2013, as amended at 88 FR 7591, Feb. 6, 2023]

§ 680.7 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) Receiving and processing CR crab.
(1) Process any CR crab that has not been weighed by an RCR on:
(i)

A scale approved by the State in which the RCR is located and that meets the requirements
described in § 680.23(f); or

(ii) Onboard a catcher/processor RCR on a scale approved by NMFS as described in § 680.23(e).
(2) Receive CR crab harvested under an IFQ permit in any region other than the region for which the IFQ
permit is designated, unless:
(i)

Western Aleutian Islands golden king crab are received following the effective date of a NMFSapproved exemption pursuant to § 680.4(o), or

(ii) The IFQ permit and IFQ amount are subject to an exemption pursuant to § 680.4(p).
(3) Use IPQ on board a vessel outside of the territorial sea or internal waters of the State of Alaska.
(4) Use IPQ in any region other than the region for which the IPQ permit is designated, unless:
(i)

Western Aleutian Islands golden king crab IPQ is used following the effective date of a NMFSapproved exemption pursuant to § 680.4(o), or

(ii) The IPQ permit and IPQ amount are subject to an exemption pursuant to § 680.4(p).
(5) Receive any crab harvested under a Class A IFQ permit in excess of the total amount of unused IPQ
held by the RCR in a crab QS fishery, unless that RCR subsequently receives unused IPQ by transfer
as described under § 680.41 that is at least equal to the amount of all Class A IFQ received by that
RCR in that crab QS fishery before the end of the crab fishing year for which an IPQ permit was
issued.
(6) Receive crab harvested under a Class B IFQ permit on a vessel if that vessel was used to harvest and
process any crab in that crab QS fishery during the same crab fishing season.
(7) For an IPQ holder to use more IPQ than the maximum amount of IPQ that may be held by that person
under § 680.42(b).
(b) Landing CR crab.
(1) Remove retained and unprocessed CR crab from a vessel at any location other than to an RCR
operating under an approved catch monitoring plan as described in § 680.23(g) unless that crab is
accompanied by a signed landing receipt showing the crab was properly landed.
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50 CFR 680.7(b)(2)

(2) Remove any CR crab processed at sea from any vessel before completing a landing report, as
defined at § 680.5(c), for all such CR crab onboard.
(3) Fail to remove all processed crab harvested under a CPO or a CPC IFQ permit to an onshore location
within the United States, accessible by road or regularly scheduled air service, and to weigh that crab
product on a scale approved by the State in which the crab is weighed.
(4) Make an IFQ crab landing except by an individual who holds either a crab IFQ permit or a crab IFQ
hired master permit issued under § 680.4 in his or her name.
(5) Make an IFQ crab landing without the following on board: a copy of the crab IFQ permit to be debited
for the landing; and, if applicable, a copy of the crab IFQ hired master permit issued under § 680.4 in
the name of the person making the landing.
(6) For a Crab IFQ hired master to make an IFQ crab landing on any vessel other than the vessel named
on the Crab IFQ hired master permit.
(c) Harvest crab.
(1) Harvest any CR crab with any vessel not named on a valid Federal crab vessel permit.
(2) Harvest CR crab with any vessel that does not use functioning VMS equipment as required by §
680.23.
(3) Harvest on any vessel more IFQ crab than are authorized under § 680.42.
(4) Harvest crab under a CVC or a CPC IFQ permit unless the person named on the IFQ permit is on
board that vessel.
(5) Harvest crab under a CPO or CPC permit unless all scales used to weigh crab, or used by an observer
for sampling crab, have passed an inseason scale test according to § 680.23(e)(1).
(6) For any person who is not an entity defined in § 680.40(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) to:
(i)

Hold converted CPO QS.

(ii) Use the CPO IFQ derived from that converted CPO QS outside of a crab harvesting cooperative.
(d) Recordkeeping and reporting.
(1) Fail to submit information on any report, application, or statement required under this part.
(2) Submit false information on any report, application, or statement required under this part.
(e) Permits.
(1) Retain IFQ crab without a legible copy of a valid crab IFQ permit for that fishery on board the vessel.
(2) Begin a fishing trip for crab in a crab QS fishery with a vessel if the total amount of unharvested crab
IFQ that is currently held in the IFQ accounts of all crab IFQ permit holders or Crab IFQ Hired Masters
aboard that vessel in that crab QS fishery is zero or less.
(3) Have a negative balance in an IFQ or IPQ account for a crab QS fishery after the end of the crab
fishing year for which an IFQ or IPQ permit was issued.
(f) IPQ. Use IPQ as collateral or otherwise leverage IPQ to acquire an ownership interest in Class B IFQ.
(g) General.
50 CFR 680.7(g) (enhanced display)

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50 CFR 680.7(g)(1)

(1) Possess, buy, sell, or transport any crab harvested or landed in violation of any provision of this part.
(2) Violate any other provision under this part.
(h) Inseason action. Conduct any fishing contrary to notification of inseason action closure, or adjustment
issued under § 680.22.
[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 73 FR 29982, May 23, 2008; 73 FR 76190, Dec. 15, 2008; 74
FR 25457, May 28, 2009; 74 FR 41095, Aug. 14, 2009; 76 FR 35786, June 20, 2011; 78 FR 28531, May 15, 2013; 81 FR 24518, Apr.
26, 2016; 85 FR 72583, Nov. 13, 2020; 89 FR 47877, June 4, 2024]

§ 680.8 Facilitation of enforcement.
See § 600.730 of this chapter.

§ 680.9 Penalties.
(a) Any person committing, or a fishing vessel used in the commission of, a violation of the MagnusonStevens Act, or any regulation issued under the Magnuson-Stevens Act, is subject to the civil and criminal
penalty provisions, permit sanctions, and civil forfeiture provisions of the Magnuson-Stevens 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 PQS, QS, IPQ, IFQ, Crab IFQ hired master,
Federal crab vessel permit, or RCR permits.
(b) In the event a holder of any IPQ is found by a court of competent jurisdiction, either in an original action in
that court or in a proceeding to enforce or review the findings or orders of any Government agency having
jurisdiction under the antitrust laws, to have violated any of the provisions of antitrust laws in the conduct
of the licensed activity, the Secretary of Commerce may revoke all or a portion of such IPQ. The antitrust
laws of the United States include, but are not limited to, the following Acts:
(1) The Sherman Act, 15 U.S.C. 1-7;
(2) The Wilson Tariff Act, 15 U.S.C. 8-11;
(3) The Clayton Act, 15 U.S.C. 12-27; and
(4) The Federal Trade Commission Act, 15 U.S.C. 12 and 45(a).

Subpart B—Management Measures
§ 680.20 Arbitration System.
(a) Applicability —
(1) Arbitration System. All CVO QS, Arbitration IFQ, Class A IFQ holders, PQS and IPQ holders must enter
the contracts as prescribed in this section that establish the Arbitration System. Certain parts of the
Arbitration System are voluntary for some parties, as specified in this section. All contract provisions
will be enforced by parties to those contracts.
(2) Open negotiation. Any holder of uncommitted IFQ may negotiate with any holder of uncommitted
IPQ, the price and delivery terms for that season or for future seasons for any uncommitted IFQ and
uncommitted IPQ. Uncommitted IFQ holders and uncommitted IPQ holders may freely contact each
other and initiate open negotiations.
50 CFR 680.20(a)(2) (enhanced display)

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50 CFR 680.20(a)(3)

(3) Document submittal information. Submit documents and reports to NMFS as follows: by mail to the
Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802; by courier to NMFS, 709 West 9th
Street, Juneau, AK 99801; or by fax to 907-586-7465.
(b) Eligibility for Arbitration System —
(1) Arbitration Organization. The following persons are the only persons eligible to join an Arbitration
Organization:
(i)

Holders of CVO QS,

(ii) Holders of PQS,
(iii) Holders of Arbitration IFQ,
(iv) Holders of Class A IFQ affiliated with a PQS or IPQ holder, and
(v) Holders of IPQ.
(2) Persons eligible to use negotiation and Binding Arbitration procedures. The following persons are the
only persons eligible to enter contracts with a Contract Arbitrator to use the negotiation and Binding
Arbitration procedures described in paragraph (h) of this section to resolve price and delivery
disputes or negotiate remaining contract terms not previously agreed to by IFQ and IPQ holders
under other negotiation approaches:
(i)

Holders of Arbitration IFQ, and

(ii) Holders of IPQ.
(3) Persons ineligible to use negotiation and Binding Arbitration procedures. Holders of IFQ that are
affiliated with holders of PQS or IPQ are ineligible to enter contracts with a Contract Arbitrator to use
the negotiation and Binding Arbitration procedures described in paragraph (h) of this section to
resolve price and delivery disputes or negotiate remaining contract terms not previously agreed to by
IFQ and IPQ holders under other negotiation approaches.
(c) Preseason requirements for joining an Arbitration Organization. All holders of CVO QS, PQS, Arbitration IFQ,
Class A IFQ affiliated with a PQS or IPQ holder, and IPQ must join and maintain a membership in an
Arbitration Organization as specified in paragraph (d) of this section. All holders of QS, PQS, IFQ, or IPQ
identified in the preceding sentence must join an Arbitration Organization at the following times:
(1) For QS holders and PQS holders except as provided for in paragraph (c)(3) of this section, not later
than May 1 of each year for the crab fishing year that begins on July 1 of that year.
(2) For IFQ holders and IPQ holders, not later than 15 days after the issuance of IFQ and IPQ for that
crab QS fishery if that IFQ or IPQ holder does not also hold QS or PQS.
(3) During 2005, QS and PQS holders must join an Arbitration Organization as described in paragraph (d)
of this section not later than August 15, 2005.
(4) Persons receiving QS, PQS, IFQ, or IPQ by transfer after these dates must join an Arbitration
Organization at the time of receiving the QS, PQS, IFQ, or IPQ by transfer.
(d) Formation process for an Arbitration Organization.

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50 CFR 680.20(d)(1)

(1) Arbitration Organizations must be formed to select and contract a Market Analyst, Formula
Arbitrator, Contract Arbitrator(s), and establish the Arbitration System, including the payment of
costs of arbitration, described in this section for each crab QS fishery. All persons defined in
paragraph (a)(1) of this section must join an Arbitration Organization.
(i)

Arbitration QS/IFQ Arbitration Organization. Holders of Arbitration QS and Arbitration IFQ must
join an Arbitration QS/IFQ Arbitration Organization. This Arbitration Organization may not have
members who are not holders of Arbitration QS or Arbitration IFQ. Arbitration QS holders and
Arbitration IFQ holders may join separate Arbitration QS/IFQ Arbitration Organizations. The
mechanism for forming an Arbitration Organization is determined by the members of the
organization.

(ii) PQS/IPQ Arbitration Organization. Holders of PQS or IPQ must join a PQS/IPQ Arbitration
Organization. This Arbitration Organization may not have members who are not holders of PQS
or IPQ. PQS holders and IPQ holders may join separate PQS/IPQ Arbitration Organizations. The
mechanism for forming an Arbitration Organization is determined by the members of the
organization.
(iii) Affiliated QS/IFQ Arbitration Organization. Holders of CVO QS or Class A IFQ affiliated with a
PQS or IPQ holder must join an Affiliated QS/IFQ Arbitration Organization. This Arbitration
Organization may not have members who are not holders of QS or IFQ affiliated with a PQS or
IPQ holder. CVO QS holders and Class A IFQ holders may join separate Affiliated QS/IFQ
Arbitration Organizations. The mechanism for forming an Arbitration Organization is
determined by the members of the organization.
(iv) Limitation on joining an Arbitration Organization. For a crab QS fishery during a crab fishing year,
a person who holds:
(A) PQS/IPQ may join only one PQS/IPQ Arbitration Organization;
(B) Affiliated QS/IFQ may join only one Affiliated QS/IFQ Arbitration Organization; and
(C) Arbitration QS/IFQ may join only one Arbitration QS/IFQ Organization.
(2) Each Arbitration Organization must submit a complete Annual Arbitration Organization report to
NMFS. A complete report must include:
(i)

A copy of the business license of the Arbitration Organization;

(ii) A statement identifying the members of the organization and the amount of Arbitration QS and
Arbitration IFQ, Non-Arbitration QS and Non-Arbitration IFQ, or PQS and IPQ held by each
member and represented by that Arbitration Organization;
(iii) QS, PQS, IFQ, and IPQ ownership information on the members of the organization;
(iv) Management organization information, including:
(A) The bylaws of the Arbitration Organization;
(B) A list of key personnel of the management organization including, but not limited to, the
board of directors, officers, representatives, and any managers;
(v) The name of the Arbitration Organization, permanent business mailing addresses, name of
contact persons and additional contact information of the managing personnel for the
Arbitration Organization, resumes of management personnel; and
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50 CFR 680.20(d)(2)(vi)

(vi) A copy of all minutes of any meeting held by the Arbitration Organization or any members of the
Arbitration Organization.
(3) An Arbitration Organization, with members who are QS or PQS holders, must submit a complete
Annual Arbitration Organization Report to NMFS in accordance with paragraph (a)(3) of this section
by August 20, 2005, for the crab fishing year beginning on July 1, 2005, and by May 1 of each
subsequent year for the crab fishing year beginning on July 1 of that year.
(4) An Arbitration Organization, with members who are IFQ or IPQ holders, must submit a complete
Annual Arbitration Organization Report to NMFS in accordance with paragraph (a)(3) of this section
by not later than 15 days after the issuance of IFQ and IPQ for that crab QS fishery.
(e) Role of Arbitration Organization(s) and annual requirements —
(1) General. The members of each Arbitration Organization must enter into a contract that specifies the
terms and conditions of participation in the organization.
(i)

The contract among members of an Arbitration QS/IFQ Arbitration Organization, or a PQS/IPQ
Arbitration Organization shall include the terms, conditions, and provisions specified in
paragraph (e)(2) of this section.

(ii) The contract among members of an Affiliated QS/IFQ Arbitration Organization shall include the
terms, conditions, and provisions in paragraph (e)(3) of this section.
(2) Provisions for Arbitration QS/IFQ Arbitration Organizations, and PQS/IPQ Arbitration Organizations —
(i)

Selection of Market Analyst, Formula Arbitrator, and Contract Arbitrator(s). A provision
authorizing the Arbitration Organization to act on behalf of its members in the selection of and
contracting with the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) under
paragraph (e)(4) of this section.

(ii) Confidentiality of information. A provision that a member that is a party to a Binding Arbitration
proceeding shall sign a confidentiality agreement with the party with whom it is arbitrating
stating they will not disclose at any time to any person any information received from the
Contract Arbitrator or any other party in the course of the arbitration. That confidentiality
agreement shall specify the potential sanctions for violating the agreement.
(iii) Provision of information to members. A provision requiring the Arbitration Organization to
provide to its members:
(A) A copy of the contracts for the Market Analyst, Formula Arbitrator, and Contract Arbitrator
for each fishery in which the member participates; and
(B) A copy of the Market Report and the Non-Binding Price Formula for each fishery in which
the member participates within 5 days of its release.
(iv) Information release.
(A) A provision requiring that the Arbitration Organization deliver to NMFS any data,
information, and documents generated pursuant to this section.
(B) In the case of a PQS/IPQ Arbitration Organization(s):

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50 CFR 680.20(e)(2)(iv)(B)(1)

(1) A provision that requires the PQS/IPQ Arbitration Organization to provide for the
delivery of the names of and contact information for its members who hold
uncommitted IPQ, and to identify the regional designations and amounts of such
uncommitted IPQ, to Arbitration QS/IFQ Arbitration Organizations either directly or
through a third-party data provider so the information may be provided to any
persons that hold uncommitted Arbitration IFQ for purposes of Share Matching,
Binding Arbitration, and Post Arbitration Opt-in;
(2) A provision that prohibits the disclosure of any information received under this
provision to any person except those Arbitration QS/IFQ Arbitration Organizations, or
their third-party data provider so that information may be provided to holders of
uncommitted Arbitration IFQ. The provision will require that information concerning
uncommitted IPQ be updated within 24 hours of a change of any such information,
including any commitment of IPQ, and that information be provided to those persons
that hold uncommitted Arbitration IFQ. This provision may include a mechanism to
provide information to uncommitted Arbitration IFQ holders through a secure Web
site, or through other electronic means;
(3) A provision that requires the PQS/IPQ Arbitration Organization to arrange for the
delivery to all holders of uncommitted Arbitration IFQ through the Arbitration QS/IFQ
Arbitration Organizations holders or their third-party data provider the terms of a
decision of a Contract Arbitrator in a Binding Arbitration proceeding involving a
member that holds uncommitted IPQ within 24 hours of notice of that decision. This
provision may include a mechanism to provide information to uncommitted
Arbitration IFQ holders through a secure Web site, or through other electronic means;
and
(4) A provision that requires the holders of uncommitted IPQ to provide information
concerning such uncommitted IPQ as necessary for the PQS/IPQ Arbitration
Organization to comply with this paragraph and prohibits the disclosure of any such
information by such holder to any person, except as directed in this paragraph.
(C) In the case of a Arbitration QS/IFQ Organization(s):
(1) A provision that requires Arbitration QS/IFQ Arbitration Organizations holders, or their
third-party data provider to provide information concerning uncommitted IPQ from
PQS/IPQ Arbitration Organization(s) as necessary for the Arbitration IFQ holder to
use that information in a timely manner.
(2) A provision that prohibits the disclosure of any such information concerning
uncommitted IPQ from PQS/IPQ Arbitration Organization to any person, except as
directed therein.
(D) Third-party Data Provider provision. Notwithstanding any provision in this section, an
Arbitration Organization required to supply or receive information under this section must
hire administrative personnel or may contract with a person who will arrange for the
receipt and delivery of information as required. Any such third party that receives such
information cannot be affiliated with or employed by or related to any QS, PQS, IFQ, or IPQ
holder in any crab QS fishery and must enter a contract that:
(1) Prohibits such third person from releasing any information received to any person
except as specifically provided by this section; and
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50 CFR 680.20(e)(2)(iv)(D)(2)

(2) Prohibits such third person from entering taking any employment from or
establishing any relationship, except under a contract meeting the requirements of
this section for a period of 3 years after the termination of the contract.
(v) Costs. A provision that authorizes the Arbitration Organization to enter into a contract with all
other Arbitration Organizations for the payment of the costs of arbitration as specified under
this section.
(A) The Arbitration Organizations must establish a contract that requires the payment of all
costs of the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s), dissemination
of information concerning uncommitted IPQ to holders of uncommitted Arbitration IFQ,
and the costs of such persons associated with lengthy season approach, share matching
approach, Binding Arbitration, quality and performance disputes, to be shared equally so
that IPQ holders pay 50 percent of the costs and Arbitration IFQ holders and Class A IFQ
holders pay 50 percent of the costs.
(B) Each person shall pay an amount of the cost based on the amount of IPQ or IFQ held by
that person at the time of application to an Arbitration Organization.
(C) PQS holders shall advance all costs and shall collect the contribution of IFQ holders at
landing subject to terms mutually agreed to by the Arbitration Organizations.
(vi) Negotiation methods. A provision that prohibits the Arbitration Organization from engaging in
any contract negotiations on behalf of its members, except for those necessary to hire the
Market Analyst, Formula Arbitrator, and Contract Arbitrator(s).
(vii) Enforcement of the contract. Violations of the contract shall be enforced under civil law.
(3) Provisions applying to Affiliated QS/IFQ Arbitration Organizations. The provisions that allow for the
provision of information to members, payment of costs, limits on the transfer of QS, PQS, IFQ, and
IPQ, and enforcement of the contract as described under paragraphs (e)(2)(iv), (v), (vii), and (viii) will
apply to the contract among members of an Affiliated QS/IFQ Arbitration Organization(s).
(4) Process for selection of Market Analyst, Formula Arbitrator, and Contract Arbitrator(s).
(i)

For each crab fishing year, QS holders who are members of Arbitration QS/IFQ Arbitration
Organization(s) and PQS holders who are members of PQS/IPQ Arbitration Organization(s), by
mutual agreement, will select one Market Analyst, one Formula Arbitrator, and Contract
Arbitrator(s) for each crab QS fishery. The number of Contract Arbitrators selected for each
fishery will be subject to the mutual agreement of those Arbitration Organizations. The
selection of the Market Analyst and the Formula Arbitrator must occur in time to ensure the
Market Report and non-binding price formula are produced within the time line established in
paragraphs (f)(4)(i) and (g)(2)(viii)(B) of this section.

(ii) The Arbitration Organizations representing Arbitration QS holders and PQS holders in a crab
fishery shall establish by mutual agreement the contractual obligations of the Market Analyst,
Formula Arbitrator, and Contract Arbitrator(s) for each fishery. The contractual obligations of
the Market Analyst, the Formula Arbitrator, and Contract Arbitrators will be enforced by the
parties to the contract.
(iii) The same person may be chosen for the positions of Market Analyst and Formula Arbitrator for
a fishery.

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50 CFR 680.20(e)(4)(iv)

(iv) A person selected to be a Contract Arbitrator may not be the Market Analyst or Formula
Arbitrator, and shall not be affiliated with, employed by, or otherwise associated with, the
Market Analyst or Formula Arbitrator, for that fishery.
(5) Notification to NMFS. Not later than June 1 for that crab fishing year, except as provided in paragraph
(e)(6) of this section, the Arbitration Organizations representing the holders of Arbitration QS and
PQS in each fishery shall notify NMFS of the persons selected as the Market Analyst, Formula
Arbitrator, and Contract Arbitrator(s) for the fishery in accordance with paragraph (a)(3) of this
section.
(6) First-year implementation. During 2005, the selection of and establishment of the contractual
obligations of the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) as required under
this section shall occur not later than September 1, 2005.
(7) IFQ and IPQ issuance and selection of the Market Analyst, Formula Arbitrator, and Contract
Arbitrator(s). NMFS will not issue CVO IFQ and IPQ for a crab QS fishery until Arbitration
Organizations establish by mutual agreement contracts with a Market Analyst, Formula Arbitrator,
and Contract Arbitrator(s) for that fishery and notify NMFS.
(f) Roles and standards for the Market Analyst and process for producing the Market Report.
(1) Except as provided in paragraph (f)(1)(ii) of this section:
(i)

The Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration Organizations
shall establish a contract with the Market Analyst to produce a Market Report for each crab QS
fishery. The terms of this contract must specify that the Market Analyst must produce a Market
Report that shall provide an analysis of the market for products of that fishery.

(ii) The Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration Organizations
may, by mutual agreement, include a provision in the contract with the Market Analyst to forgo
production of a Market Report for a crab QS fishery if the Arbitration QS/IFQ Arbitration
Organizations and the PQS/IPQ Arbitration Organizations anticipate that the crab QS fishery will
not open for fishing during a crab fishing year. If such a provision is included in the contract
with the Market Analyst, the Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ
Arbitration Organizations must include a provision in the contract with the Market Analyst to
produce a Market Report not later than the June 30 for the crab QS fishery that was expected to
remain closed but subsequently opens for fishing during the crab fishing year.
(2) The contract with the Market Analyst must specify that:
(i)

The Market Analyst will base the Market Report on a survey of the market for crab products
produced by the fishery.

(ii) The Market Analyst will note generally the sources from which he or she gathered information.
The Market Report must include only publicly available data and information. Data and
information will be considered publicly available if they are published in a manner that makes
them available, either for a fee or at no cost, to the public at large.
(iii) The Market Report shall consider the following factors:
(A) Current ex-vessel prices, including ex-vessel prices received for crab harvested under
Class A IFQ, Class B IFQ, and CVC IFQ permits;

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50 CFR 680.20(f)(2)(iii)(B)

(B) Consumer and wholesale product prices for the processing sector and the participants in
the arbitration (recognizing the impact of sales to affiliates on wholesale pricing);
(C) Innovations and developments of the harvesting and processing sectors and the
participants in the arbitration (including new product forms);
(D) Efficiency and productivity of the harvesting and processing sectors (recognizing the
limitations on efficiency and productivity arising out of the management program
structure);
(E) Quality (including quality standards of markets served by the fishery and recognizing the
influence of harvest strategies on the quality of landings);
(F) The interest of maintaining financially healthy and stable harvesting and processing
sectors;
(G) Safety and expenditures for ensuring adequate safety;
(H) Timing and location of deliveries; and
(I)

The cost of harvesting and processing less than the full IFQ or IPQ allocation (underages)
to avoid penalties for overharvesting IFQ and a mechanism for reasonably accounting for
deadloss.

(iv) There shall only be one annual Market Report for each fishery.
(v) The Market Analyst must not issue interim or supplemental reports for any crab QS fishery
unless the Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration
Organizations, by mutual agreement, include a provision in the contract with the Market Analyst
for the production of interim or supplemental reports for a crab QS fishery. If the Arbitration QS/
IFQ Arbitration Organizations and the PQS/IPQ Arbitration Organizations have a mutual
agreement to produce interim or supplemental reports, the contract with the Market Analyst
must specify the terms and conditions under which those interim or supplemental reports will
be produced.
(3) The Market Analyst shall not disclose any information to any person not required under this section.
(4) In 2005, the Market Report shall be produced not later than September 30, 2005 or 25 days prior to
the first crab fishing season for that crab QS fishery whichever is later in that crab fishing year as
required under this section.
(i)

In all subsequent years and except as provided in paragraph (f)(1)(ii) of this section, the Market
Report for each crab QS fishery must be produced not later than 50 days prior to the first crab
fishing season for that crab QS fishery, unless the Arbitration QS/IFQ Arbitration Organizations
and the PQS/IPQ Arbitration Organizations, by mutual agreement, include a provision in the
contract with the Market Analyst to establish a different date for production of the Market
Report for that crab QS fishery.

(ii) The contract with the Market Analyst must specify that the Market Analyst will provide the
Market Report in that crab fishing year to:
(A) Each Arbitration Organization in that fishery;
(B) NMFS Alaska Region in accordance with paragraph (a)(3) of this section; and
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50 CFR 680.20(f)(4)(ii)(C)

(C) The Formula Arbitrator and any Contract Arbitrator(s) for the fishery.
(g) Roles and standards for the Formula Arbitrator.
(1) Except as provided in paragraph (g)(1)(ii) of this section:
(i)

The Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration Organizations
shall establish a contract with the Formula Arbitrator to produce a Non-Binding Price Formula
for each crab QS fishery.

(ii) The Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration Organizations
may, by mutual agreement, include a provision in the contract with the Formula Arbitrator to
forgo production of a Non-Binding Price Formula for a crab QS fishery if the Arbitration QS/IFQ
Arbitration Organizations and the PQS/IPQ Arbitration Organizations anticipate that the crab QS
fishery will not open for fishing during a crab fishing year. If such a provision is included in the
contract with the Formula Arbitrator, the Arbitration QS/IFQ Arbitration Organizations and the
PQS/IPQ Arbitration Organizations must include a provision in the contract with the Formula
Arbitrator to produce a Non-Binding Price Formula not later than June 30 for the crab QS fishery
that was expected to remain closed but subsequently opens for fishing during the crab fishing
year.
(2) The contract with the Formula Arbitrator must specify that:
(i)

The Formula Arbitrator will conduct a single annual fleet-wide analysis of the markets for crab
to establish a Non-Binding Price Formula under which a fraction of the weighted average first
wholesale prices for crab products from the fishery may be used to set an ex-vessel price; and

(ii) The Non-Binding Price Formula shall:
(A) Be based on the historical distribution of first wholesale revenues between fishermen and
processors in the aggregate based on arm's length first wholesale prices and ex-vessel
prices, taking into consideration the size of the harvest in each year; and
(B) Establish a price that preserves the historical division of revenues in the fishery while
considering the following:
(1) Current ex-vessel prices, including ex-vessel prices received for crab harvested under
Class A, Class B, and CVC IFQ permits;
(2) Consumer and wholesale product prices for the processing sector and the
participants in arbitrations (recognizing the impact of sales to affiliates on wholesale
pricing);
(3) Innovations and developments of the harvesting and processing sectors and the
participants in arbitrations (including new product forms);
(4) Efficiency and productivity of the harvesting and processing sectors (recognizing the
limitations on efficiency and productivity arising out of the management program
structure);
(5) Quality (including quality standards of markets served by the fishery and recognizing
the influence of harvest strategies on the quality of landings);
(6) The interest of maintaining financially healthy and stable harvesting and processing
sectors;
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50 CFR 680.20(g)(2)(ii)(B)(7)

(7) Safety and expenditures for ensuring adequate safety;
(8) Timing and location of deliveries; and
(9) The cost of harvesting and processing less than the full IFQ or IPQ allocation
(underages) to avoid penalties for overharvesting IFQ and a mechanism for
reasonably accounting for deadloss.
(C) Include identification of various relevant factors such as product form, delivery time, and
delivery location.
(D) Consider the “highest arbitrated price” for the fishery from the previous crab fishing
season, where the “highest arbitrated price” means the highest arbitrated price for
arbitrations of IPQ and Arbitration IFQ which represent a minimum of at least 7 percent of
the IPQ resulting from the PQS in that fishery. For purposes of this process, the Formula
Arbitrator may aggregate up to three arbitration findings to collectively equal a minimum
of 7 percent of the IPQ. When arbitration findings are aggregated with 2 or more entities,
the lesser of the arbitrated prices of the arbitrated entities included to attain the 7 percent
minimum be considered for the highest arbitrated price.
(iii) The Non-Binding Price Formula may rely on any relevant information available to the Formula
Arbitrator, including, but not limited to,
(A) Information provided by the QS, PQS, IPQ and IFQ holders in the fishery, and
(B) The Market Report for the fishery.
(iv) The Formula Arbitrator:
(A) May meet with IFQ holders who are members of any single FCMA cooperative collectively;
(B) Shall meet with IPQ holders individually;
(C) Shall meet with distinct FCMA cooperatives individually; and
(D) Shall meet with IFQ holders who are not members of the same FCMA cooperative
individually.
(v) The Formula Arbitrator may request any relevant information from QS, PQS, IPQ, and IFQ
holders in the fishery, but the Formula Arbitrator shall not have subpoena power.
(vi) The Formula Arbitrator may obtain information from persons other than QS, PQS, IPQ, and IFQ
holders in the fishery, if those persons agree to provide such data. Any information that is
provided must be based on activities occurring more than three months prior to the date of
submission to the Formula Arbitrator.
(vii) The Formula Arbitrator shall keep confidential the information that is not publicly available and
not disclose the identity of the persons providing specific information.
(viii)
(A) In 2005, the non-binding price formula shall be produced not later than September 30,
2005 or 25 days prior to the first crab fishing season for that crab QS fishery whichever is
later in that crab fishing year as required under this section.

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50 CFR 680.20(g)(2)(viii)(B)

(B) In all subsequent years and except as provided in paragraph (g)(1)(ii) of this section, the
Non-Binding Price Formula must be produced not later than 50 days prior to the first crab
fishing season for that crab QS fishery, except that the Non-Binding Price Formulas for the
western Aleutian Islands golden king crab fishery and the eastern Aleutian Islands golden
king crab fishery must be produced not later than 30 days prior to the first crab fishing
season for those crab QS fisheries.
(C) The contract with the Formula Arbitrator must specify that the Formula Arbitrator will
provide the non-binding price formula in that crab fishing year to:
(1) Each Arbitration Organization in that fishery;
(2) NMFS in accordance with paragraph (a)(3) of this section; and
(3) The Market Analyst and all Contract Arbitrators in the fishery.
(ix) The Formula Arbitrator shall not disclose any information to any person unless required under
this section.
(h) Roles and standards for the Contract Arbitrator(s) —
(1) General. For each crab QS fishery, the Arbitration QS/IFQ Arbitration Organizations and PQS/IPQ
Arbitration Organizations shall establish a contract with all Contract Arbitrators in that fishery that
specifies that each Contract Arbitrator may be selected to resolve a dispute concerning the terms of
delivery, price, or other factors in the fishery.
(2) Selection of Contract Arbitrators. The contract with the Contract Arbitrator shall specify the means by
which the Contract Arbitrator will be selected to resolve specific disputes. This contract must specify
that for any dispute for which the Contract Arbitrator is selected, the Contract Arbitrator will comply
with the last best offer arbitration method as set forth in this section.
(3) Negotiation and Binding Arbitration Procedure. The contract with the Contract Arbitrator(s) shall
specify the following approaches for negotiation and Binding Arbitration among members of the
Arbitration Organizations:
(i)

Restrictions on collective negotiation. An IFQ and an IPQ holder may negotiate individually.
Groups of IFQ holders may negotiate collectively with an IPQ holder only under the following
provisions:
(A) Members of an FCMA cooperatives may participate collectively with other members of the
same FCMA cooperative in Binding Arbitration except as otherwise provided under this
section.
(B) Members of different FCMA cooperatives shall not participate collectively in Binding
Arbitration.
(C) IPQ holders shall not participate collectively. Only one IPQ holder shall enter into Binding
Arbitration with any IFQ holder or IFQ holder(s).
(D) An Arbitration Organization must not negotiate on behalf of a member. This shall not
prohibit the members of an Arbitration IFQ Arbitration Organization from negotiation if the
Arbitration Organization qualifies as an FCMA cooperative.

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50 CFR 680.20(h)(3)(ii)

(ii) Open negotiations. At any time prior to the date of the first crab fishing season of a crab fishing
year for that crab QS fishery, any holder of uncommitted Arbitration IFQ may negotiate with any
holder of uncommitted IPQ, the price and delivery terms for that season for any uncommitted
IFQ and uncommitted IPQ.
(A) Uncommitted Arbitration IFQ holders and Uncommitted IPQ holders may freely contact
each other and initiate open negotiations.
(B) If Arbitration IFQ holders and IPQ holders do not reach an agreement on price, delivery
terms, or other terms after committing shares, an Arbitration IFQ holder may initiate
Binding Arbitration in accordance with the procedures specified in this section in order to
resolve disputes in those price, delivery terms, or other terms.
(C) Once IFQ or IPQ has been committed, the IFQ holder and IPQ holder cannot engage in
open negotiation using those shares.
(iii) Lengthy season approach.
(A) Prior to the date of the first crab fishing season for that crab QS fishery in that crab fishing
year a committed IPQ holder and one or more committed Arbitration IFQ holders may
choose to adopt a Lengthy Season approach. The Lengthy Season approach is an
alternative method to the Binding Arbitration proceedings.
(B) A Lengthy Season approach allows a committed IPQ holder and a committed Arbitration
IFQ holder to agree to postpone negotiation of specific contract terms until a time during
the crab fishing year as agreed upon by the Arbitration IFQ holder and IPQ holder
participating in the negotiation. The Lengthy Season approach allows the Arbitration IFQ
holders and IPQ holder involved in the negotiation to postpone Binding Arbitration, if
necessary, until a time during the crab fishing year. If the parties ready a final agreement
on the contract terms, Binding Arbitration is not necessary.
(C) If a committed IPQ holder and one or more committed Arbitration IFQ holder(s) are unable
to reach an agreement on whether to adopt a Lengthy Season approach, they may request
mediation to assist the parties in determining whether to adopt a Lengthy Season
approach. The parties may request a Contract Arbitrator to act as a mediator. If the
mediation proves unsuccessful or is not selected, the Arbitration IFQ holder may initiate
enter Binding Arbitration to determine whether to adopt a lengthy season approach.
(1) Binding Arbitration may begin immediately with the same Contract Arbitrator.
(2) If the Contract Arbitrator serves as a mediator in an unsuccessful mediation, either
party may request another Contract Arbitrator for the Binding Arbitration.
(iv) Share matching.
(A) At any time 120 hours (five days) after NMFS issues IFQ and IPQ for that crab QS fishery in
that crab fishing year, holders of uncommitted Arbitration IFQ may choose to commit the
delivery of harvests of crab to be made with that uncommitted Arbitration IFQ to an
uncommitted IPQ holder. The issuance of IFQ and IPQ for a crab QS fishery occurs on the
time and date that IFQ and IPQ amounts for that crab QS fishery are posted on the NMFS,
Alaska Region website at http://www.fakr.noaa.gov.

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50 CFR 680.20(h)(3)(iv)(B)

(B) To commit Arbitration IFQ, the holder of uncommitted IFQ must offer an amount of
Arbitration IFQ:
(1) Not less than 50 percent of the Arbitration IFQ holder's total uncommitted Arbitration
IFQ, or an amount of uncommitted Arbitration IFQ equal to the total amount of
uncommitted IPQ available, whichever is less, if the Arbitration IFQ holder is not an
FCMA cooperative; and
(2) Not less than 25 percent of the Arbitration IFQ holder's total uncommitted Arbitration
IFQ, or an amount of uncommitted Arbitration IFQ equal to the total amount of
uncommitted IPQ available, whichever is less, if the Arbitration IFQ holder is an FCMA
cooperative.
(C) Any holder of uncommitted IPQ must accept all proposed Arbitration IFQ commitments,
up to the amount of its uncommitted IPQ. The commitment of IPQ will take place on
receipt of notice from the holder of uncommitted Arbitration IFQ of the intention to
commit that IFQ.
(D) After matching, an Arbitration IFQ holder and an IPQ holder may decide to enter mediation
to reach agreement on contract terms. The Arbitration IFQ holder and IPQ holder may
request a Contract Arbitrator to act as a mediator to facilitate an agreement.
(1) If the mediation proves unsuccessful, or if mediation is not selected, the Arbitration
IFQ holder may initiate Binding Arbitration which may begin immediately with the
same Contract Arbitrator.
(2) If the Contract Arbitrator serves as a mediator in an unsuccessful mediation, the
Arbitration IFQ holder may request another Contract Arbitrator for the Binding
Arbitration.
(v) Initiation of Binding Arbitration. If an Arbitration IFQ holder intends to initiate Binding Arbitration,
the Arbitration IFQ holder must initiate the Binding Arbitration procedure not later than 360
hours (15 days) after NMFS issues IFQ and IPQ for that crab QS fishery in that crab fishing year.
Binding Arbitration is initiated after the committed Arbitration IFQ holder notifies a committed
IPQ holder and selects a Contract Arbitrator. Binding Arbitration may be initiated to resolve
price, terms of delivery, and other disputes. There will be only one Binding Arbitration
Proceeding for an IPQ holder but multiple Arbitration IFQ holders may participate in this
proceeding. This limitation on the timing of Binding Arbitration proceedings does not include
proceedings that arise due to:
(A) The lengthy season approach;
(B) Performance disputes; and
(C) Quality disputes.
(vi) Joining a Binding Arbitration proceeding. Any uncommitted Arbitration IFQ holder may join a
Binding Arbitration proceeding as a party by committing the shares to the arbitration and
providing notice to the IPQ holder and the Contract Arbitrator(s). An Arbitration IFQ holder may
join a Binding Arbitration proceeding only if uncommitted IPQ is available. Once shares are
committed to a Binding Arbitration Proceeding they cannot be uncommitted. The contract with
the Contract Arbitrator may specify the terms and timing of joining the proceedings.

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50 CFR 680.20(h)(3)(vii)

(vii) Arbitration schedule meeting. The Contract Arbitrator shall meet with all parties to a Binding
Arbitration proceeding as soon as possible once a Binding Arbitration proceeding has been
initiated for the sole purpose of establishing a schedule for the Binding Arbitration. This
schedule shall include the date by which the IPQ holder and Arbitration IFQ holder(s) must
submit their last best offer and any supporting materials, and any additional meetings or
mediation if agreed to by all parties. This meeting will discuss the schedule of the Binding
Arbitration proceedings and not address terms of last best offers.
(viii) Terms of last best offers. The Contract Arbitrator will meet with the parties to the Binding
Arbitration proceeding to determine the matters that must be included in the last best offer,
which may include a fixed price or a price over a time period specified by the parties, a method
for adjusting prices over a crab fishing year, or an advance price paid at the time of delivery.
(ix) Submission of last best offers. The parties to a Binding Arbitration proceeding shall each submit
to the Contract Arbitrator(s) a last best offer defining all the terms specified for inclusion in a
last best offer by the Contract Arbitrator. An Arbitration IFQ holder that is an FCMA cooperative
may submit a last best offer that defines terms for the delivery of crab harvested by members
of that FCMA cooperative with IFQ held by the cooperative. An Arbitration IFQ holder that is not
an FCMA cooperative may submit a last best offer that defines the term of delivery of crab
harvested with IFQ held by that person. The IPQ holder that is a party to the proceeding shall
submit a single offer that defines terms for delivery of crab harvested with all IFQ that are
subject to the proceedings.
(x) Arbitration decisions. The Contract Arbitrator(s) shall decide among each offer received from an
Arbitration IFQ holder and the offer received from the IPQ holder. Each arbitration decision shall
result in a binding contract between the IPQ holder and the Arbitration IFQ holder defined by the
terms of the offer selected by Contract Arbitrator(s). An arbitration decision applies to all
committed IFQ and committed IPQ in that arbitration.
(xi) Announcement of decisions.
(A) If last best offers are submitted at least 15 days before the first crab fishing season for
that crab fishing year for that crab QS fishery, arbitration decisions shall be issued no later
than 10 days before the first crab fishing season for that crab fishing year for that crab QS
fishery. Otherwise, the Contract Arbitrator will notify the parties of the arbitration decision
within 5 days of the parties submitting their last best offers.
(B) The Contract Arbitrator will notify the parties by providing each Arbitration IFQ holder and
IPQ holder that is a party to the Binding Arbitration proceeding, a copy of any decision. The
decision is binding on the parties to the Binding Arbitration proceeding.
(4) Basis for the Arbitration decision. The contract with the Contract Arbitrator shall specify that the
Contract Arbitrator will be subject to the following provisions when deciding which last best offer to
select.
(i)

The Contract Arbitrator's decision shall:
(A) Be based on the historical distribution of first wholesale revenues between fishermen and
processors in the aggregate based on arm's length first wholesale prices and ex-vessel
prices, taking into consideration the size of the harvest in each year; and

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50 CFR 680.20(h)(4)(i)(B)

(B) Establish a price that preserves the historical division of revenues in the fishery while
considering the following:
(1) Current ex-vessel prices, including ex-vessel prices received for crab harvested under
Class A IFQ, Class B IFQ, and CVC IFQ permits;
(2) Consumer and wholesale product prices for the processing sector and the
participants in the arbitration (recognizing the impact of sales to affiliates on
wholesale pricing);
(3) Innovations and developments of the harvesting and processing sectors and the
participants in the arbitration (including new product forms);
(4) Efficiency and productivity of the harvesting and processing sectors (recognizing the
limitations on efficiency and productivity arising out of the management program
structure);
(5) Quality (including quality standards of markets served by the fishery and recognizing
the influence of harvest strategies on the quality of landings);
(6) The interest of maintaining financially healthy and stable harvesting and processing
sectors;
(7) Safety and expenditures for ensuring adequate safety;
(8) Timing and location of deliveries; and
(9) The cost of harvesting and processing less than the full IFQ or IPQ allocation
(underages) to avoid penalties for overharvesting IFQ and a mechanism for
reasonably accounting for deadloss.
(C) Consider the Non-Binding Price Formula established in the fishery by the Formula
Arbitrator.
(ii) The Contract Arbitrator's decision may rely on any relevant information available to the Contract
Arbitrator, including, but not limited to:
(A) Information provided by the QS, PQS, IPQ and IFQ holders in the fishery regarding the
factors identified in paragraph (h)(4)(i) of this section; and
(B) The Market Report for the fishery.
(iii) Each of the Arbitration IFQ holders and the IPQ holders that is party to the proceeding may
provide the Contract Arbitrator with additional information to support its last best offer. The
Contract Arbitrator must receive and consider all data submitted by the parties.
(iv) The Contract Arbitrator may request specific information from the Arbitration IFQ holder(s) and
IPQ holder that will be useful in reaching a final decision. The Contract Arbitrator will not have
subpoena power and it is in the sole discretion of the person from whom information is
requested as to whether to provide the requested information.
(5) Limits on the release of data. The parties to a Binding Arbitration proceeding shall be precluded from
full access to the information provided to the Contract Arbitrator.

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(i)

50 CFR 680.20(h)(5)(i)

Arbitration IFQ holders that are party to an arbitration proceeding shall have access only to
information provided directly by the IPQ holder to the Contract Arbitrator for that Binding
Arbitration proceeding.

(ii) IPQ holders that are party to an arbitration proceeding shall have access only to information
provided directly by an Arbitration IFQ holder to the Contract Arbitrator for that Binding
Arbitration proceeding.
(iii) The Contract Arbitrator shall keep confidential the information provided by any QS, PQS, IFQ, or
IPQ holders in the fishery and not disclose the identity of the persons providing specific
information except as provided in paragraph (h)(6) of this section.
(iv) The Arbitration IFQ holders and IPQ holders shall not release information received in a Binding
Arbitration proceeding to persons who were not party to that Binding Arbitration proceeding
other than the final result of that arbitration proceeding except as provided for in paragraph
(h)(6) of this section.
(6) Information provided to NMFS. The Contract Arbitrator must provide any information, documents, or
data required under this paragraph to NMFS in accordance with paragraph (a)(3) of this section not
later than 30 days prior to the end of the crab fishing year for which the open negotiation or
arbitration applied. The contract with the Contract Arbitrator must specify that the Contract
Arbitrator provide NMFS with:
(i)

A copy of any minutes from any meeting attended by that Contract Arbitrator between or
among any PQS or IPQ holders concerning any negotiations under this section;

(ii) Any last-best offers made during the Binding Arbitration process, including all contract details,
the names of other participants in the arbitration, and whether the bid was accepted by the
Contract Arbitrator; and
(iii) A copy of any information, data, or documents given by the Contract Arbitrator to any person
who is not a party to the particular arbitration for which that information was provided. The
Contract Arbitrator must identify the arbitration to which the information, data, or documents
apply, and the person to whom those information, data, or documents were provided.
(7) Enforcement of Binding Arbitration decisions. The decision of the Contract Arbitrator for Binding
Arbitration shall be enforced among the parties to that arbitration.
(8) Failure of Contract Arbitrator(s). Except as provided for in paragraph (h)(6) of this section, the failure
of a Contract Arbitrator to perform shall be enforced by the Arbitration Organizations.
(9) Post Binding Arbitration opt-in.
(i)

An Arbitration IFQ holder with uncommitted IFQ, may opt-in to any contract that results from a
completed a Binding Arbitration procedure with any IPQ holder that has uncommitted IPQ.
(A) All the terms from the arbitrated contract will apply. The Contract Arbitrator may determine
fees and a time frame by which a Post Binding Arbitration opt-in may occur if those terms
are not specified in the arbitrated contract.
(B) Once exercised, the opt-in results in a contract that is binding on both the Arbitration IFQ
and IPQ holder.

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50 CFR 680.20(h)(9)(ii)

(ii) To initiate the opt-in process, the holder of uncommitted Arbitration IFQ will notify the holder of
uncommitted IPQ in writing of its intent to opt-in.
(iii) Holders of uncommitted Arbitration IFQ may opt-in to a contract resulting from a completed
Binding Arbitration procedure with a person that holds uncommitted IPQ for that fishery.
(iv) If the IPQ holder and the Arbitration IFQ holder are unable to resolve a dispute regarding
whether the opt-in offer is consistent with the original contract from the completed Binding
Arbitration procedure, the dispute may be decided by the Contract Arbitrator to the original
arbitration that resulted in the contract to which the Arbitration IFQ holder is seeking to opt-in.
The Contract Arbitrator will decide only whether the proposed opt-in terms are consistent with
the original contract.
(10) Performance disputes. If an IPQ holder and an Arbitration IFQ holder are unable to resolve disputes
regarding the obligations to perform specific contract provisions after substantial negotiations or
when time is of the essence, the issues of that dispute shall be submitted for Binding Arbitration
before a Contract Arbitrator for that fishery.
(i)

Binding Arbitration resulting from a performance dispute can occur at any point during or after
the crab fishing year. The dispute must be raised by the IPQ holder or the Arbitration IFQ holder.
Arbitration of that performance dispute must be initiated prior to the date of the first crab
fishing season for the following crab fishing year in that crab QS fishery.

(ii) Performance dispute arbitration shall follow the applicable procedures described for a Binding
Arbitration in paragraph (h)(3) of this section, except that the time frame for the procedure
applicable to a performance dispute will be determined by the Contract Arbitrator once the
dispute has been raised.
(iii) If a party fails to abide by the arbitration decision, a party may pursue available contract
remedies.
(iv) The costs of arbitrating performance disputes shall be provided from the general fees collected
by the Arbitration Organizations pursuant to paragraph (e) of this section.
(v) The Contract Arbitrator may assign fees to any party bringing frivolous complaints. Any such
fees shall be paid by the party and not from the fees collected under paragraph (e)(2)(vi) of this
section.
(11) Quality disputes. When disputes regarding the quality of the harvested crab arise within the context
of an existing contract, the parties may settle the disputes within the context of the arbitration
system according to the following:
(i)

In cases where the IPQ holder and Arbitration IFQ holder(s) have agreed to a formula-based
price for crab but where they cannot reach an agreement on the quality and price of the crab,
the IPQ holder and Arbitration IFQ holder(s) will receive their share of the value of the amount
of crab delivered based on the provisions of the contract.

(ii) In quality disputes where the Arbitration IFQ holders prefer to use actual ex-vessel price and not
a formula-based price and a dispute arises regarding crab quality and price, the dispute should
be referred to a mutually agreeable independent quality specialist firm. This independent quality
specialist firm will determine the quality of the crab. This information will be used as the basis

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50 CFR 680.20(i)

for subsequent price determinations. The IPQ holder and Arbitration IFQ holder(s) with this
quality dispute shall share the cost of hiring the specialist firm and agree to abide by its
findings according to the terms of their agreement.
(i)

Other procedures and administrative decisions. The Arbitration Organizations, Market Analyst, Contract
Arbitrator, Formula Arbitrator, and the Third Party Data Provider are authorized to adopt arbitration system
procedures and make administrative decisions, including additional provisions in the various contracts,
provided those actions are not inconsistent with any other provision in the regulations.

[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, Dec. 20, 2005; 71 FR 40033, July 14, 2006; 73
FR 35088, June 20, 2008; 73 FR 76190, Dec. 15, 2008; 74 FR 51519, Oct. 7, 2009; 76 FR 68364, Nov. 4, 2011]

§ 680.21 Crab harvesting cooperatives.
This section governs the formation and operation of crab harvesting cooperatives. The regulations in this section
apply only to crab harvesting cooperatives that have formed for the purpose of applying for and fishing under a crab
harvesting cooperative IFQ permit issued by NMFS. Members of crab harvesting cooperatives that are not FCMA
cooperatives should consult counsel before commencing any activity if the members are uncertain about the
legality under the antitrust laws of the crab harvesting cooperative's proposed conduct.
(a) Formation of crab harvesting cooperatives. The following requirements apply to the formation of crab
harvesting cooperatives.
(1) Membership requirements. A crab harvesting cooperative is limited to QS holders that hold any
amount of CPO, CVO, CPC, or CVC QS, and that NMFS has determined are eligible to receive crab
IFQ.
(i)

Minimum number of members. Each crab harvesting cooperative must include at least four
unique QS holding entities. A unique QS holding entity is a QS holder or group of affiliated QS
holders that are not affiliated with any other QS holders or QS holding entities in the crab
harvesting cooperative. For the purpose of this paragraph, the term “affiliation” is defined at §
680.2.

(ii) Voluntary nature of membership. Membership in a crab harvesting cooperative is voluntary. No
person may be required to join a crab harvesting cooperative, and no crab harvesting
cooperative may be required to accept a member who the crab harvesting cooperative chooses
not to accept.
(iii) Membership in more than one crab harvesting cooperative.
(A) A QS holder may join one crab harvesting cooperative per CR fishery.
(B) Upon joining a crab harvesting cooperative for a CR fishery, NMFS will convert all of a QS
holder's QS holdings for that CR fishery to crab harvesting cooperative IFQ.
(2) Legal and organizational requirements. A crab harvesting cooperative must meet the following legal
and organizational requirements before it is eligible to apply for a crab harvesting cooperative IFQ
permit:
(i)

Registered business entity. Each crab harvesting 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.

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50 CFR 680.21(a)(2)(ii)

(ii) Appointment of a designated representative. Each crab harvesting cooperative must appoint an
individual as designated representative to act on the crab harvesting cooperative's behalf and
serve as contact point for NMFS for questions regarding the operation of the crab harvesting
cooperative. The designated representative may be a member of the crab harvesting
cooperative or some other individual authorized by the crab harvesting cooperative to act on its
behalf.
(b) Application for annual crab harvesting cooperative IFQ permits. A crab harvesting cooperative IFQ permit is
an annual permit issued to a crab harvesting cooperative that establishes an annual catch limit of crab
that is based on the collective QS holdings of the members of the crab harvesting cooperative that have
been contributed by the members. A crab harvesting cooperative IFQ permit will list the IFQ amount, by
fishery, held by the crab harvesting cooperative and identify the members of the crab harvesting
cooperative. Each crab harvesting cooperative will be issued a separate IFQ permit for each type of QS
held by a member (or members) of the crab harvesting cooperative.
(1) June 15 application deadline. A completed Application for Annual Crab Harvesting Cooperative
Individual Fishing Quota (IFQ) Permit listing the name of each member of the crab harvesting
cooperative must be submitted annually by each crab harvesting cooperative and received by NMFS
no later than June 15 (or postmarked by this date, if sent via U.S. mail or a commercial carrier) for
the upcoming crab fishing year for which the crab harvesting cooperative is applying to receive IFQ.
If a complete application is not received by NMFS by this date, or postmarked by this date, the crab
harvesting cooperative will not receive IFQ for the upcoming crab fishing year. In the event that
NMFS has not received a complete and timely application by June 15, NMFS will presume that the
application was timely filed if the applicant can provide NMFS with proof of timely filing. Each crab
harvesting cooperative member is responsible for submitting a completed Application for Annual
Crab Individual Fishing Quota Permit to NMFS by June 15 pursuant to § 680.4.
(2) Contents. A complete application must contain the following information:
(i)

Cooperative identification. Enter the crab harvesting cooperative's legal name; type of business
entity under which the crab harvesting cooperative is organized; state in which the crab
harvesting cooperative is legally registered as a business entity; printed name of the crab
harvesting cooperative's designated representative; the permanent business address,
telephone number, facsimile number, and e-mail address (if available) of the crab harvesting
cooperative or its designated representative; and the signature of the crab harvesting
cooperative's designated representative and date signed.

(ii) Members of the cooperative. Full name and NMFS Person ID of each member of the crab
harvesting cooperative.
(iii) Additional documentation. For the application to be considered complete, the following
documents must be attached to the application: the completed and signed annual application
for crab IFQ/IPQ permit for all members of the crab harvesting cooperative, a copy of the
business license issued by the state in which the crab harvesting cooperative is registered as a
business entity, a copy of the articles of incorporation or partnership agreement of the crab
harvesting cooperative, and a copy of the crab harvesting cooperative agreement signed by the
members of the crab harvesting cooperative (if different from the articles of incorporation or
partnership agreement of the crab harvesting cooperative).

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50 CFR 680.21(b)(3)

(3) Issuance of crab harvesting cooperative IFQ permits. Upon receipt of a completed application for an
annual crab harvesting cooperative IFQ permit that is subsequently approved, NMFS will issue oneyear crab harvesting cooperative IFQ permits to the crab harvesting cooperative. The crab harvesting
cooperative IFQ permits will list the crab IFQ amounts that are generated by the aggregate QS
holdings of all members of the crab harvesting cooperative for each fishery, region, sector, and Class
A/B IFQ categories. Issuance by NMFS of a crab harvesting cooperative IFQ permit is not a
determination that the crab harvesting cooperative is formed or is operating in compliance with
antitrust law.
(4) Appeals. A crab harvesting cooperative or person that is adversely affected by an initial
administrative determination (IAD) that is associated with the issuance of a crab harvesting
cooperative IFQ permit may appeal the IAD using the appeals procedures described in § 680.43.
(c) Restrictions on fishing under a crab harvesting cooperative IFQ permit. The following restrictions govern
fishing for IFQ crab under a crab harvesting cooperative IFQ permit:
(1) Maintenance of permit on board. A copy of a crab harvesting cooperative IFQ permit must be
maintained on board any vessel that is being used to harvest crab under the permit.
(2) Persons eligible to harvest crab under a crab harvesting cooperative IFQ permit. The only person
eligible to harvest crab under a crab harvesting cooperative IFQ permit is the crab IFQ hired master
under § 680.4(g) who is operating a vessel in which at least a 10 percent ownership share is held by
a member of the crab harvesting cooperative to whom the IFQ permit is issued.
(3) Liability. Each member of a crab harvesting cooperative is responsible for ensuring that members of
the crab harvesting cooperative and crab IFQ hired masters of the crab harvesting cooperative
comply with all regulations applicable to fishing for CR crab.
(d) Transfers by members of a crab harvesting cooperative. The following requirements address transfers of
QS and IFQ by members of a crab harvesting cooperative.
(1) Transfer of QS. A member of a crab harvesting cooperative may acquire or divest QS at any time in
accordance with the transfer procedures in § 680.41. However, transfers of QS that occur after the
June 15 deadline for crab harvesting cooperative IFQ permit applications will not be reflected in the
type or amount of IFQ permit issued to the crab harvesting cooperative for that crab fishing year.
(2) Transfer of individually held IFQ. A member of a crab harvesting cooperative may acquire or divest
individually held IFQ using the transfer procedures described in § 680.41. However, any vessel used
to harvest IFQ not held by a crab harvesting cooperative loses the vessel use cap exemption.
(3) Transfer of crab harvesting cooperative IFQ prohibited. A member of a crab harvesting cooperative
may not acquire or divest crab harvesting cooperative IFQ. Crab harvesting cooperative IFQ may only
be transferred between two crab harvesting cooperatives.
(e) Transfers by crab harvesting cooperatives. The following requirements address transfers of QS, IFQ, PQS,
and IPQ by crab harvesting cooperatives that have been issued crab harvesting cooperative IFQ permits.
(1) Acquisition of QS, PQS, and IPQ prohibited. A crab harvesting cooperative that has been issued a crab
harvesting cooperative IFQ permit is prohibited from acquiring any amount of QS, PQS, or IPQ for the
valid duration of the crab harvesting cooperative IFQ permit. A crab harvesting cooperative that
acquires any amount of QS, PQS, or IPQ becomes ineligible to receive a crab harvesting cooperative
IFQ permit.

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50 CFR 680.21(e)(2)

(2) Transfer of crab harvesting cooperative IFQ. A crab harvesting cooperative may transfer its IFQ only to
another crab harvesting cooperative. Crab harvesting cooperatives wishing to engage in an intercooperative transfer must complete an application for inter-cooperative transfer to transfer crab IFQ
between crab harvesting cooperatives. A crab harvesting cooperative is prohibited from transferring
any amount of crab harvesting cooperative IFQ to any entity that is not a crab harvesting cooperative
operating under a crab harvesting cooperative IFQ permit.
(3) Use caps. Inter-cooperative transfers of IFQ will apply to the individual use caps of crab harvesting
cooperative members through the designation of the crab harvesting cooperative members
conducting the transfer.
(f) Application for transfer of crab harvesting cooperative IFQ —
(1) Completed application. NMFS will process an application for transfer of crab harvesting cooperative
individual fishing quota (IFQ) provided that a paper or electronic request form is completed by the
applicant, with all applicable fields accurately filled in, and all required additional documentation is
attached.
(2) 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.
(3) 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
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.
(4) Submittal information. An application for transfer of crab harvesting cooperative IFQ crab QS or PQS
may be submitted to NMFS as instructed on the 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.
(g) Inseason changes to crab harvesting cooperative membership. The following requirements address
inseason changes to crab harvesting cooperative membership.
(1) Eligible membership changes. A crab harvesting cooperative may add a new member if that person
becomes eligible to join the crab harvesting cooperative through the acquisition of any amount of
the QS upon which the crab harvesting cooperative's annual IFQ permit was based, provided that the
person acquiring the QS in question has been determined by NMFS to be eligible to hold IFQ.
Likewise, a crab harvesting cooperative may remove a member if that person no longer holds any of
the QS upon which the crab harvesting cooperative's annual IFQ permit was based.
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50 CFR 680.21(g)(2)

(2) Inseason membership changes are voluntary. A crab harvesting cooperative is not required to add or
remove members during the fishing season to reflect inseason transfers of QS. Each crab harvesting
cooperative is free to establish its own process for deciding whether or not to admit new members
or to remove existing members during the fishing season to reflect changes in the QS holdings. No
crab harvesting cooperative is required to admit a new QS holder that the crab harvesting
cooperative chooses not to admit, regardless of whether the person in question has acquired any
amount of QS upon which the crab harvesting cooperative's annual IFQ is based. If a crab harvesting
cooperative chooses to make inseason membership changes, then it must comply with paragraph
(g)(3) of this section.
(3) Application for an inseason change in cooperative membership. To change crab harvesting
cooperative membership, a crab harvesting cooperative must submit to NMFS a revised application
for an annual crab harvesting cooperative IFQ permit together with any revised supporting
documents that are required to be submitted with the application. The revised application for an
annual crab harvesting cooperative IFQ permit must be accompanied by a cover letter that indicates
the revisions that have been made. Upon approval of the membership change, NMFS will issue a
revised crab harvesting cooperative IFQ permit that reflects the change. A new member may not fish
on behalf of a cooperative except as a crab IFQ hired master until NMFS issues a revised crab
harvesting cooperative IFQ permit that reflects the change in membership.
(4) Successors-in-interest. If a member of a crab harvesting cooperative dies (in the case of an
individual) or dissolves (in the case of a business entity), the QS held by that person will be
transferred to the legal successor-in-interest. However, the crab harvesting cooperative IFQs
generated by that person's QS holdings remain under the control of the crab harvesting cooperative
for the valid duration of the crab harvesting cooperative IFQ permit. Each crab harvesting
cooperative is free to establish its own internal procedures for admitting a successor-in-interest
during the fishing season to reflect the transfer of QS due to the death or dissolution of a QS holder.
The regulations in this section do not require any crab harvesting cooperative to admit a successorin-interest that the cooperative chooses not to admit. If a crab harvesting cooperative chooses to
admit the successor-in-interest for membership, then the crab harvesting cooperative must comply
with paragraph (g)(3) of this section.
[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 73 FR 35088, June 20, 2008; 74 FR 51519, Oct. 7, 2009; 80
FR 15897, Mar. 26, 2015; 81 FR 1561, Jan. 13, 2016]

§ 680.22 Sideboard protections for GOA groundfish fisheries.
The regulations in this section restrict the owners of vessels with a history of participation in the Bering Sea snow
crab fishery from using the increased flexibility provided by the CR Program to expand their level of participation in
GOA groundfish fisheries. These restrictions are commonly known as “sideboards.”
(a) Vessels and LLP licenses subject to sideboard restrictions. The sideboard fishing restrictions described in
this section are based on a vessel's fishing history and apply both to the fishing vessel itself and to any
LLP license generated by that vessel's fishing history. The criteria used to determine which vessels and
LLP licenses are subject to GOA groundfish sideboard fishing restrictions are as follows:

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50 CFR 680.22(a)(1)

(1) Vessels subject to GOA groundfish sideboard directed fishing closures. Any vessel that NMFS has
determined meets one or both of the following criteria is subject to GOA groundfish sideboard
directed fishing closures issued under paragraph (e) of this section except when participating in the
Rockfish Program authorized under part 679, subpart G, of this chapter.
(i)

Any non-AFA vessel that made a legal landing of Bering Sea snow crab (C. opilio) between
January 1, 1996, and December 31, 2000, that generated any amount of Bering Sea snow crab
(C. opilio) fishery QS; and

(ii) Any vessel named on an LLP license that was generated in whole or in part by the fishing
history of a vessel meeting the criteria in paragraph (a)(1)(i) of this section.
(2) Vessels prohibited from directed fishing for Pacific cod in the GOA. Any vessel that NMFS has
determined meets either of the following two criteria is prohibited from directed fishing for Pacific
cod in the GOA:
(i)

Any vessel subject to GOA groundfish sideboard closures under paragraph (a)(1)(i) of this
section that landed less than 50 mt (110,231 lb), in round weight equivalents, of groundfish
harvested from the GOA between January 1, 1996, and December 31, 2000, or

(ii) Any vessel named on an LLP license that was generated in whole or in part by the fishing
history of a vessel meeting the criteria in paragraph (a)(2)(i) of this section.
(3) Vessels and LLP licenses exempt from Pacific cod sideboard closures in the GOA. Any vessel or LLP
license that NMFS has determined meets either of the following criteria is exempt from sideboard
directed fishing closures for Pacific cod in the GOA:
(i)

Any vessel subject to GOA groundfish closures under paragraph (a)(1)(i) of this section that
landed less than 750,000 lb (340.2 mt), in raw weight equivalents, of Bering Sea snow crab and
more than 680 mt (1,499,143 lb), in round weight equivalents, of Pacific cod harvested from the
GOA between January 1, 1996, and December 31, 2000; and

(ii) Any LLP license that:
(A) Was initially issued based on the catch history of a vessel meeting the criteria in
paragraph (a)(3)(i) of this section; and
(B) Did not generate crab QS based on legal landings from any vessel other than the vessel
meeting the criteria in paragraph (a)(3)(i) of this section.
(4) Vessels and LLP licenses exempt from pollock sideboard closures in the GOA. Any vessel or LLP
license that NMFS has determined meets either of the following criteria is exempt from sideboard
directed fishing closures for pollock in the GOA:
(i)

Any vessel subject to GOA groundfish closures under paragraph (a)(1)(i) of this section that
landed less than 1,212,673 lb (550 mt), in raw weight equivalents, of Bering Sea snow crab, and
had 20 or more legal landings of pollock harvested from the GOA between January 1, 1996, and
December 31, 2000; and

(ii) Any LLP license that:
(A) Was initially issued based on the catch history of a vessel meeting the criteria in
paragraph (a)(4)(i) of this section; and

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50 CFR 680.22(a)(4)(ii)(B)

(B) Did not generate crab QS based on legal landings from any vessel other than the vessel
meeting the criteria in paragraph (a)(4)(i) of this section.
(b) Notification of affected vessel owners and LLP license holders. After NMFS determines which vessels and
LLP licenses meet the criteria described in paragraph (a) of this section, NMFS will inform each vessel
owner and LLP license holder in writing of the type of sideboard restriction and issue a revised Federal
Fisheries Permit and/or LLP license that displays the restriction on the face of the permit or license.
(c) 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 GOA groundfish sideboard restriction may request
reconsideration. All requests for reconsideration must be submitted in writing to the RAM Division, Alaska
Region, NMFS, together with any documentation or evidence supporting the request. If the request for
reconsideration is denied, affected persons may appeal using the procedures described at § 680.43.
(d) Determination of GOA groundfish sideboard ratios. Except for fixed gear sablefish, sideboard ratios for
each GOA groundfish species, species group, season, operation type, gear type, and area, for which
annual specifications are made, are established according to the following formulas:
(1) Pacific cod. The sideboard ratios for Pacific cod are calculated by dividing the aggregate retained
catch of Pacific cod by vessels that are subject to sideboard directed fishing closures under
paragraph (a)(1) of this section and that do not meet the criteria in paragraphs (a)(2) or (a)(3) of this
section by the total retained catch of Pacific cod by all groundfish vessels between 1996 and 2000.
(2) Pollock. The sideboard ratios for pollock are calculated by dividing the aggregate retained catch of
pollock by vessels that are subject to sideboard directed fishing closures under paragraph (a)(1) of
this section and that do not meet the criteria in paragraph (a)(4) of this section by the total retained
catch of pollock by all groundfish vessels between 1996 and 2000.
(3) Groundfish other than Pacific cod and pollock. The sideboard ratios for groundfish species and
species groups other than Pacific cod and pollock are calculated by dividing the aggregate landed
catch by vessels subject to sideboard directed fishing closures under paragraph (a)(1) of this
section by the total landed catch of that species by all groundfish vessels between 1996 and 2000.
(e) Conversion of sideboard ratios into annual sideboard harvest limits. NMFS will convert sideboard ratios
into annual sideboard harvest limits according to the following procedures.
(1) Annual sideboard harvest limits.
(i)

Except as provided in paragraphs (e)(1)(ii) and (iii) of this section, annual sideboard harvest
limits for each groundfish species, except fixed-gear sablefish, will be established by
multiplying the sideboard ratios calculated under paragraph (d) of this section by the proposed
and final TACs in each area for which a TAC is specified. If a TAC is further apportioned by
season, the sideboard harvest limit also will be apportioned by season in the same ratio as the
overall TAC. The resulting harvest limits expressed in metric tons will be published in the
annual GOA groundfish harvest specification notices.

(ii) NMFS will not establish an annual sideboard harvest limit for Pacific cod for vessels that catch
and process Pacific cod using hook-and-line gear in the Central GOA Regulatory Area if all
eligible participants request that the sideboard harvest limit be removed in accordance with the
requirements of paragraph (e)(1)(ii)(A) of this section. NMFS will not establish an annual
sideboard harvest limit for Pacific cod for vessels that catch and process Pacific cod using
hook-and-line gear in the Western GOA Regulatory Area if all eligible participants request that
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50 CFR 680.22(e)(1)(ii)(A)

the sideboard harvest limit be removed in accordance with the requirements of paragraph
(e)(1)(ii)(B) of this section. NMFS will publish notification of the removal of the sideboard
harvest limit for Pacific cod for vessels that catch and process Pacific cod using hook-and-line
gear in the Central GOA Regulatory Area or the Western GOA Regulatory Area through the
annual GOA groundfish harvest specifications (see § 679.20(c)(1)(iii) and (c)(3)(ii)).
(A) Central GOA. For the Central GOA Regulatory Area (Statistical Areas 620 and 630; see
Figure 3 to 50 CFR part 679), the holders of all LLP licenses listed in Column A of Table 10
to this part must submit to NMFS a completed Request to Extinguish Pacific Cod
Sideboard Limits for Hook-and-Line Catcher/Processors in the Western or Central GOA,
and the request must be received by NMFS on or before May 18, 2016.
(B) Western GOA. For the Western GOA Regulatory Area (Statistical Area 610; see Figure 3 to
50 CFR part 679), the holders of all LLP licenses listed in Column B of Table 10 to this part
must submit to NMFS a completed Request to Extinguish Pacific Cod Sideboard Limits for
Hook-and-Line Catcher/Processors in the Western or Central GOA, and the request must
be received by NMFS on or before May 18, 2016.
(iii) NMFS will not establish an annual sideboard harvest limit for groundfish species, other than
Pacific cod apportioned to catcher vessels using pot gear in the Western and Central
Regulatory Areas. Directed fishing for groundfish species, other than Pacific cod apportioned to
catcher vessels using pot gear in the Western and Central Regulatory Areas, is prohibited.
(2) Sideboard directed fishing allowance.
(i)

If the Regional Administrator determines that a harvest limit for a species or species group 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 group of crab vessels to
which the sideboard limit applies.

(ii) If the Regional Administrator determines that a harvest limit is insufficient to support a directed
fishery for that species or species group, then the Regional Administrator may set the
sideboard directed fishing allowance at zero for that species or species group.
(3) Directed fishing closures. Upon attainment of a sideboard directed fishing allowance, the Regional
Administrator will publish notification in the FEDERAL REGISTER prohibiting directed fishing for the
species or species group in the specified subarea, regulatory area, or district. A directed fishing
closure is effective for the duration of the fishing year or season.
(f) Sideboard protections in the State of Alaska parallel groundfish fisheries. Vessels subject to the sideboard
restrictions under paragraph (a) of this section, with a Federal Fisheries Permit or LLP license, shall be
subject to the regulations of this section while participating in any groundfish fishery in State waters
adjacent to the GOA opened by the State of Alaska and for which the State of Alaska adopts a Federal
fishing season.
[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 38301, July 6, 2006; 76 FR 35780, June 20, 2011; 76 FR 74690, Dec. 1, 2011; 80
FR 28545, May 19, 2015; 84 FR 2731, Feb. 8, 2019; 86 FR 11904, Mar. 1, 2021]

§ 680.23 Equipment and operational requirements.
(a) Catcher vessel requirements. A catcher vessel used to harvest CR crab must:

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50 CFR 680.23(a)(1)

(1) Carry and use a VMS as described in paragraph (d) of this section;
(2) Land all retained crab to an RCR operating under an approved catch monitoring plan as described in
paragraph (g) of this section;
(b) Catcher/processor requirements. A catcher/processor used to harvest CR crab must:
(1) Carry and use a VMS as described in paragraph (d) of this section;
(2) Weigh all retained crab to be processed on board, in its raw form, on a scale approved by NMFS as
described in paragraph (e) of this section;
(3) Land all retained crab not processed on board at an RCR;
(4) Offload all CR crab product processed onboard at a shoreside location in the United States
accessible by road or regularly scheduled air service; and
(5) Provide an approved observer platform scale and test weights that meet the requirements in
paragraph (e) of this section.
(c) RCR requirements. An RCR must:
(1) Ensure that all CR crab landings are weighed on a scale approved by the State in which the landing
takes place.
(2) Ensure that all crab landing and weighing be conducted as specified in an approved crab monitoring
plan as described in paragraph (g) of this section, and that a copy of the crab monitoring plan is
made available to NMFS personnel or authorized officer upon demand.
(d) Vessel Monitoring System (VMS) requirements —
(1) General requirements. General VMS requirements concerning the approval and installation of VMS
components and the responsibilities of vessel owners and operators are detailed at § 679.28(f)(1)
through (5).
(2) VMS transmission requirements. A vessel's transmitter must be transmitting if:
(i)

The vessel is operating in any reporting area (see definitions at § 679.2) off Alaska;

(ii) The vessel has crab pots or crab pot hauling equipment, or a crab pot launcher onboard; and
(iii) The vessel has or is required to have a Federal crab vessel permit for that crab fishing year.
(e) Scales approved by NMFS. To be approved by NMFS, a scale used to weigh crab at sea must meet the type
evaluation and initial inspection requirements set forth in § 679.28(b)(1) and (2). Once a scale is installed
on a vessel and approved by NMFS for use, it must be reinspected annually as described in § 679.28(b) by
requesting a scale inspection from NMFS. Each scale must be tested daily and meet the maximum
permissible error (MPE) requirements described in paragraph (e)(1) of this section.
(1) At-sea scale tests. To verify that the scale meets the MPEs specified in this paragraph, the vessel
operator must test each scale or scale system used to weigh CR crab one time during each 24-hour
period when use of the scale is required. The vessel owner must ensure that these tests are
performed in an accurate and timely manner.

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(i)

50 CFR 680.23(e)(1)(i)

Belt scales. The MPE for the daily at-sea scale tests is plus or minus 3 percent of the known
weight of the test material. The scale must be tested by weighing at least 400 kg (882 lb) of
crab or an alternative material supplied by the scale manufacturer on the scale under test. The
known weight of the test material must be determined by weighing it on a platform scale
approved for use under § 679.28 (b)(7).

(ii) Automatic hopper scales. An automatic hopper scale must be tested at its minimum and
maximum capacity with approved test weights. Test weights must be placed in the bottom of
the hopper unless an alternative testing method is approved by NMFS. The MPE for the daily atsea scale tests is plus or minus 2 percent of the weight of the approved test weights.
(iii) Platform scales used for observer sampling. A platform scale used for observer sampling must
be tested at 10, 25, and 50 kg (or 20, 50, and 100 lb if the scale is denominated in pounds)
using approved test weights. The MPE for the daily at-sea scale test is plus or minus 0.5
percent if the scale is used to determine the known weight of test material for the purpose of
testing a belt scale. If the scale is not used for that purpose, the MPE for the daily at-sea scale
test is plus or minus 1 percent.
(iv) Approved 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.
(v) 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 and record the following information on the at-sea scale test report
form:
(1) Vessel name;
(2) Month, day, and year of test;
(3) Time test started to the nearest minute;
(4) Known weight of test weights;
(5) Weight of test weights recorded by scale;
(6) Percent error as determined by subtracting the known weight of the test weights
from the weight recorded on the scale, dividing that amount by the known weight of
the test weights, and multiplying by 100; and
(7) Sea conditions at the time of the scale test.
(C) Maintain the test report form on board the vessel until the end of the crab fishing year
during which the tests were conducted, and make the report forms available to observers,
NMFS personnel, or an authorized officer. In addition, the vessel owner must retain the
scale test report forms for 3 years after the end of the crab fishing year during which the
tests were performed. All scale test report forms must be signed by the vessel operator.

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50 CFR 680.23(e)(2)

(2) 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 inaccurately.
(3) Printed reports from the scale. 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 NMFS or
NMFS authorized personnel. In addition, the vessel owner must retain printed reports 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 prior to submitting a CR crab landing report as described in § 680.5. 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 crab vessel permit number;
(B) The weight of each load in the weighing cycle (hopper scales only);
(C) The date and time the information was printed;
(D) The total amount weighed since the last printout was made; and
(E) The total cumulative weight of all crab 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 50 CFR part 679. 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 NMFS staff or other NMFS-authorized personnel.
(iii) Platform scales used for observer sampling. A platform scale used for observer sampling is not
required to produce a printed record unless that scale is also used to obtain raw weight for a CR
crab landing report.
(4) Scale installation requirements. Unless otherwise approved by NMFS, a scale used to obtain raw
weight for a CR crab landing report must be installed such that:
(i)

From the location where the observer samples unsorted crab, the observer can ensure that all
crab are being weighed;

(ii) The scale may not be installed in a manner that facilitates bypassing. It must not be possible
for the scale inspector and an assistant to bypass the scale with 100 kg (220 lb) of test
material in less than 20 seconds.
(f) Scales approved by the state. Scale requirements in this paragraph are in addition to those requirements
set forth by the State in which the scale is approved, 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. Scales
used to weigh CR crab that are also required to be approved by the State must meet the following
requirements:
(1) Verification of approval. The scale must display a valid State sticker indicating that the scale was
inspected and approved within the previous 12 months.
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50 CFR 680.23(f)(2)

(2) Visibility. An RCR must ensure that the scale and scale display are visible simultaneously. NMFS
personnel or NMFS authorized personnel, including observers, must be allowed to observe the
weighing of crab on the scale and be allowed to read the scale display at all times.
(3) Printed scale weights.
(i)

An RCR must ensure that printouts of the scale weight of each delivery are made available to
NMFS personnel or to NMFS authorized personnel, including observers, at the time printouts
are generated. An RCR must maintain printouts on site until the end of the fishing year during
which the printouts were made and make them available upon request by an authorized officer
for 3 years after the end of the fishing year during which the printout was made.

(ii) A scale used to weigh any portion of a landing of CR crab must produce a printed record for
each landing, or portion of each landing, weighed on that scale. The printed record must
include:
(A) The RCR's name;
(B) The weight of each load in the weighing cycle;
(C) The total weight of crab in each landing, or portion of the landing that was weighed on that
scale;
(D) The date and time the information is printed; and
(E) The name and ADF&G vessel registration number of the vessel making the delivery. The
scale operator may write this information on the scale printout in ink at the time of
landing.
(4) Inseason scale testing. Scales used to weigh CR crab must be tested by RCR personnel when testing
is requested by NMFS-staff or by NMFS-authorized personnel.
(i)

Inseason testing criteria. To pass an inseason test, NMFS staff or NMFS-authorized personnel
will verify that the scale display and printed information are clear and easily read under all
conditions of normal operation, that weight values are visible on the display until the value is
printed, and that the scale does not exceed the maximum permissible errors specified in the
following table:

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

4

(ii) Test weight requirements. Scales must be tested with the amount and type of weight specified
for each scale type in the following tables under paragraphs (f)(4)(ii)(A) through (f)(4)(ii)(D) of
this section:

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50 CFR 680.23(f)(4)(ii)(A)

(A) Automatic hopper 0 to 150 kg (0 to 300 lb) capacity.

Other test
material

Certified test weights
(1) Minimum weighment or 10 kg (20 lb), whichever is greater

Minimum.

(2) Maximum

Maximum.

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

Other test
material

Certified test weights
(1) Minimum weighment or 10 kg (20 lb), whichever is greater

Minimum.

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

Maximum.

(C) Platform, flatbed or hanging scales less than 150 kg (300 lb) capacity.

Other test
material

Certified test weights
(1) 10 kg (20 lb)

Not Acceptable.

(2) Midpoint

Not Acceptable.

(3) Maximum

Not Acceptable.

(D) Platform, flatbed or hanging scales >150 kg (300 lb) capacity.

Other test
material

Certified test weights
(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),

75 percent of maximum or 150 kg (300 lb),

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Certified test weights
whichever is greater

50 CFR 680.23(f)(4)(iii)

Other test
material
whichever is greater.

(iii) Certified test weights. An RCR must ensure that there are sufficient test weights on-site to test
each scale used to weigh CR crab. 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.
(iv) Other test material. When permitted in paragraph (f)(4)(ii) of this section, a scale may be tested
with test material other than certified test weights.
(g) Crab Monitoring Plans (CMP). A CMP is a plan submitted by an RCR for each location or processing vessel
where the RCR wishes to take deliveries of CR crab. The CMP must detail how the RCR will meet the catch
monitoring standards detailed in paragraph (g)(5) of this section. An RCR that processes only CR crab
harvested under a CPO or CPC IFQ permit is not required to prepare a CMP.
(1) CMP Approval. NMFS will approve a CMP if it meets all the performance standards specified in
paragraph (g)(5) of this section. The location or vessel identified in the CMP may be inspected by
NMFS prior to approval of the CMP to ensure that the location conforms to the elements addressed
in the CMP. If NMFS disapproves a CMP, the plant owner or manager may resubmit a revised CMP or
file an administrative appeal as set forth under the administrative appeals procedures described in §
679.43.
(2) Inspection scheduling. The time and place of a CMP inspection may be arranged by submitting a
written request for an inspection to NMFS, Alaska Region. An inspection must be requested no less
than 10 working days before the requested inspection date. NMFS staff will conduct CMP
inspections in any port located in the United States that can be reached by regularly scheduled
commercial air service. 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, facsimile number, and e-mail address (if available) of the person
submitting the application; and
(iii) A proposed CMP detailing how the RCR will meet each of the standards in paragraph (g)(5) of
this section.
(3) Approval period. NMFS will approve a CMP 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 CMP.
(4) Changing an approved CMP. An RCR may change an approved CMP by submitting a CMP addendum
to NMFS. Depending on the nature and magnitude of the change requested, NMFS may require a
CMP inspection as described in paragraph (g)(2) of this section. A CMP addendum must contain:
(i)

Name and signature of the person submitting the addendum;

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50 CFR 680.23(g)(4)(ii)

(ii) Address, telephone number, facsimile number and e-mail address (if available) of the person
submitting the addendum; and
(iii) A complete description of the proposed CMP change.
(5) CMP standards —
(i)

Crab sorting and weighing requirements. All crab, including crab parts and crab that are dead or
otherwise unmarketable, delivered to the RCR must be sorted and weighed by species. The
CMP must detail how and where crab are sorted and weighed.

(ii) Scales used for weighing crab. The CMP must identify by serial number each scale used to
weigh crab and describe the rationale for its use.
(iii) Scale testing procedures. Scales identified in the CMP must be accurate within the limits
specified in paragraph (f)(4)(i) of this section. For each scale identified in the CMP 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 names of the personnel responsible for conducting the scale testing.
(iv) Printed record. An RCR must ensure that the scale produces a complete and accurate printed
record of the weight of each species in a landing. All of the crab in a delivery must be weighed
on a scale capable of producing a complete printed record as described in paragraph (e)(3) of
this section. A printed record of each landing must be printed before the RCR submits a CR
crab landing report.
(v) Observation area. Each CMP must designate an observation area. The observation area is a
location designated on the CMP where an individual may monitor the offloading and weighing
of crab. The observation area must meet the following standards:
(A) Access to the observation area. The observation area must be freely accessible to
observer, NMFS staff or enforcement aides at any time during the effective period of the
CMP.
(B) Monitoring the offloading and weighing of crab. From the observation area, an individual
must have an unobstructed view or otherwise be able to monitor the entire offload of crab
between the first location where crab are removed from the boat and a location where all
sorting has taken place and each species has been weighed.
(C) Other requirements. The observation area must be sheltered from the weather and not
exposed to unreasonable safety hazards.
(vi) Plant liaison. The CMP must designate a plant liaison. The plant liaison is responsible for:
(A) Orienting new observers, NMFS staff and enforcement aides to the plant;
(B) Assisting in the resolution of observer concerns; and
(C) Informing NMFS if changes must be made to the CMP.

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50 CFR 680.23(g)(5)(vii)

(vii) Drawing to scale of delivery location. The CMP must be accompanied by a drawing to scale of
the delivery location or vessel showing:
(A) Where and how crab are removed from the delivering vessel;
(B) The observation area;
(C) The location of each scale used to weigh crab; and
(D) Each location where crab is sorted.
(viii) Single geographic location. All offload and weighing locations detailed in a CMP must be
located on the same vessel or in the same geographic location. If a CMP describes facilities for
the offloading of vessels at more than one location, it must be possible to see all locations
simultaneously.
[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 75421, Dec. 20, 2005; 73 FR 76190, Dec. 15, 2008; 75 FR 56486, Sept. 16, 2010]

§ 680.30 [Reserved]
Subpart C—Quota Management Measures
§ 680.40 Crab Quota Share (QS), Processor QS (PQS), Individual Fishing Quota (IFQ), and
Individual Processor Quota (IPQ) Issuance.
(a) Crab QS and Crab QS fisheries. The Regional Administrator will issue crab QS for the crab QS fisheries
defined in paragraph (a)(1) of this section. The Regional Administrator will annually issue IFQ based on
the amount of QS a person holds. Crab harvested and retained in each crab QS fishery may be harvested
and retained only by persons holding the appropriate crab IFQ for that crab QS fishery.
(1) Allocations. With the exception of the WAI golden king crab fishery, the Regional Administrator shall
annually apportion 10 percent of the TAC specified by the State of Alaska for each of the fisheries
described in Table 1 to this part to the Western Alaska CDQ program. Ten percent of the TAC in the
Western Aleutian Islands golden king crab fishery will be allocated to the Adak community entity.
The remaining TACs for the crab QS fisheries will be apportioned for use by QS holders in each
fishery.
(2) Official crab rationalization record. The official crab rationalization record will be used to determine
the amount of QS that is to be allocated for each crab QS fishery. The official crab rationalization
record is presumed to be correct. An applicant for QS has the burden to prove otherwise. For the
purposes of creating the official crab rationalization record the Regional Administrator will presume
the following:
(i)

An LLP license is presumed to have been used onboard the same vessel from which that LLP is
derived, unless documentation is provided establishing otherwise.

(ii) If more than one person is claiming the same legal landings or legal processing activities, then
each person eligible to receive QS or PQS based on those activities will receive an equal share
of any resulting QS or PQS unless the applicants can provide written documentation
establishing an alternative means for distributing the QS or PQS.

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50 CFR 680.40(a)(2)(iii)

(iii) For the purposes of determining eligibility for CPO QS, a person is presumed to have processed
BSAI crab in 1998 or 1999 if the vessel on which the applicant's LLP license is based processed
such crab in those years.
(b) QS sectors and regional designations —
(1) General. The Regional Administrator shall initially assign to qualified persons, crab QS that are
specific to the crab QS fisheries defined in paragraph (a)(1) of this section. The crab QS amount
issued will be based on legal landings made on vessels authorized to participate in those fisheries in
four QS sectors:
(i)

Catcher Vessel Owner (CVO) QS shall be initially issued to qualified persons defined in
paragraph (b)(3) of this section based on legal landings of unprocessed crab.

(ii) Catcher Vessel Crew (CVC) QS shall be initially issued to qualified persons defined in paragraph
(b)(3) of this section based on legal landings of unprocessed crab.
(iii) Catcher/Processor Owner (CPO) QS shall be initially issued to qualified persons defined in
paragraph (b)(3) of this section based on legal landings of crab that were harvested and
processed on the same vessel.
(iv) Catcher/Processor Crew (CPC) QS shall be initially issued to qualified persons defined in
paragraph (b)(3) of this section based on legal landings of crab that were harvested and
processed on the same vessel.
(2) Regional designations.
(i)

Regional designations apply to:
(A) North QS if the legal landings that gave rise to the QS for a crab QS fishery were landed in
the Bering Sea subarea north of 56°20′ N. lat.; or
(B) South QS if the legal landings that gave rise to the QS for a crab QS fishery were not landed
in the North Region, and all CVO QS allocated to the WAI crab QS fishery; or
(C) West QS for a portion of the QS allocated to the WAG crab QS fishery subject to the
provisions under § 680.40(c)(4).

(ii) Regional designations do not apply (Undesignated QS) to:
(A) Crab QS for the EBT or WBT crab QS fishery;
(B) Crab QS for that portion of the WAG QS fishery not regionally designated for the West
region;
(C) CVC QS;
(D) CPO QS unless that QS is transferred to the CVO QS sector, in which case the regional
designation is made by the recipient of the resulting CVO QS at the time of transfer; and
(E) CPC QS.

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50 CFR 680.40(b)(2)(iii)

(iii) The regional designations that apply to each of the crab QS fisheries are specified in the
following table:

Crab QS Fishery
(A) EAG

North Region

South Region

X

X

(B) WAG

West Region

Undesignated Region

X

X

(C) EBT

X

(D) WBT

X

(E) BSS

X

X

(F) BBR

X

X

(G) PIK

X

X

(H) SMB

X

X

(I) WAI

X

(iv) The regional designation ratios applied to QS and PQS for each crab QS fishery will be
established based on the regional designations determined on August 1, 2005. QS or PQS
issued after this date will be issued in the same ratio.
(3) Qualified person means, for the purposes of QS issuance, a person, as defined in § 679.2, who at the
time of application for QS meets the following criteria for each of the QS sectors:
(i)

CVO QS. Holds one or more permanent, fully transferable crab LLP licenses and is a citizen of
the United States;

(ii) CPO QS.
(A) Holds one or more permanent, fully transferable crab LLP licenses with a Catcher/
Processor designation and is a citizen of the United States; and
(B) Harvested and processed at sea any crab species in any BSAI crab fishery during the years
1998 or 1999.
(iii) CVC QS and CPC QS.
(A) Is an individual who is a citizen of the United States, or his or her successor-in-interest if
that individual is deceased;
(B) Has historical participation in the fishery demonstrated by being the individual named on a
State of Alaska Interim Use Permit for a QS crab fishery and made at least one legal
landing per year for any 3 eligibility years under that permit based on data from fish tickets
maintained by the State of Alaska. The qualifying years are described in Column C of
Table 7 to this part.

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50 CFR 680.40(b)(3)(iii)(C)

(C) Has recent participation in the fishery demonstrated by being the individual named on a
State of Alaska Interim Use Permit for a QS crab fishery and made at least one legal
landing under that permit in any 2 of 3 seasons based on data from fish tickets
maintained by the State of Alaska. Those seasons are defined in Column D of Table 7 to
this part; except that the requirement for recent participation does not apply if:
(1) The legal landings that qualify the individual for QS in the PIK crab QS fishery were
made from a vessel that was less than 60 feet length overall; or
(2) If the individual who is otherwise eligible to receive an initial issuance of QS died
while working as part of a harvesting crew in any U.S. commercial fishery.
(4) Qualification for initial allocation of QS —
(i)

Qualifying year. The qualifying years for each crab QS fishery are described in Column B of Table
7 to this part.

(ii) Legal landing of crab means, for the purpose of initial allocation of QS, crab harvested during
the qualifying years specified in Column B of Table 7 to this part and landed in compliance with
state and Federal permitting, landing, and reporting regulations in effect at the time of the
landing.
(A) Legal landings exclude any deadloss, test fishing, fishing conducted under an
experimental, exploratory, or scientific activity permit, or the fishery conducted under the
Western Alaska CDQ Program.
(B) Landings made onboard a vessel that gave rise to a crab LLP license or made under the
authority of an LLP license are non-severable from the crab LLP license until QS has been
issued for those legal landings, except as provided for in paragraph (c)(2)(vii) of this
section.
(C) Landings may only be used once for each QS sector for the purposes of allocating QS.
(D) Landings made from vessels which are used for purposes of receiving compensation
through the BSAI Crab Capacity Reduction Program may not be used for the allocation of
CVO QS or CPO QS.
(E) Legal landings for purposes of allocating QS for a crab QS fishery only include those
landings that resulted in the issuance of an LLP license endorsed for that crab QS fishery,
or landings that were made in that crab QS fishery under the authority of an LLP license
endorsed for that crab QS fishery, except as provided for in paragraph (c)(2)(vii) of this
section.
(iii) Documentation. Evidence of legal landings shall be limited to State of Alaska fish tickets.
(c) Calculation of QS allocation —
(1) General.
(i)

For each permanent, fully transferable crab LLP license under which an applicant applies, CVO
and CPO QS will be based on legal landings that resulted in the issuance of that license or from
legal landings that were made under the authority of that license.

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50 CFR 680.40(c)(1)(ii)

(ii) For each State of Alaska Interim Use Permit under which an applicant applies for CVC QS or
CPC QS, the initial allocation of QS will be based on the legal landings that were made under
the authority of that permit.
(2) Computation for initial issuance of QS.
(i)

Based on the official crab rationalization record the Regional Administrator shall derive the
annual harvest denominator (AHD) that represents the amount of legally landed crab in each
crab QS fishery in each qualifying year as established in Column B of Table 7 to this part.

(ii) The initial QS pool is described in Table 8 to this part.
(iii) A person's initial allocation of QS shall be based on a percentage of the legal landings for the
applicable sector in each crab QS fishery:
(A) Associated with crab LLP licenses held by the applicant for CVO or CPO QS; or
(B) Authorized under a State of Alaska Interim Use Permit held by the applicant for CVC or
CPC QS.
(iv) The Regional Administrator shall calculate the allocation of CVO and CPO QS for each crab QS
fishery “f” based on each fully transferable LLP license “l” held by a qualified person by the
following formulas:
(A) Sum legal landings for each qualifying year, as described in Column B of Table 7 to this
part, and divide that amount by the AHD for that year as follows:
(σ legal landingslf/AHDf) × 100 = Percentage of the AHDlf
(B) In those fisheries where only a subset of the qualifying years are applied, the Regional
Administrator will use the years that yield the highest percentages of each AHD as
calculated in paragraph (c)(2)(iv)(A) of this section.
(C) Sum the highest percentages of the AHD's for that license as calculated under paragraph
(c)(2)(iv)(B) of this section and divide by the number in Column E of Table 7 to this part
(Subset of Qualifying Years). This yields the Average Percentage as presented in the
following equation:
σ Percentages of the AHDlf/Subset of Qualifying Yearsf = Average Percentagelf
(D) Divide the Average percentage in paragraph (c)(2)(iv)(C) of this section for a license and
fishery by the Sum of all Average Percentages for all licenses for that fishery as presented
in the following equation:
Average Percentagelf/σ Average Percentagesf = Percentage of the Total Percentageslf
(E) Multiply the Percentage of the Total Percentages in paragraph (c)(2)(iv)(D) of this section
by the Initial QS Pool as described in Table 8 to this part. This yields the unadjusted
number of QS units derived from a license for a fishery.
(F) Multiply the unadjusted number of QS units in paragraph (c)(2)(iv)(E) of this section by 97
percent. This yields the number of QS units to be allocated.
(G) Determine the percentage of legal landings in the subset of qualifying years associated
with a LLP license with a catcher/processor designation that were processed on that
vessel and multiply the amount calculated in paragraph (c)(2)(iv)(F) of this section by this
percentage. This yields the amount of CPO QS to be allocated.
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50 CFR 680.40(c)(2)(iv)(H)

(H) Determine the percentage of legal landings in the subset of qualifying years associated
with a LLP license that were not processed on that vessel and multiply the amount
calculated in paragraph (c)(2)(iv)(F) of this section by this percentage. This yields the
amount of CVO QS to be allocated.
(I)

Determine the percentage of legal landings associated with an LLP license in the subset of
qualifying years that were delivered in each region as defined in paragraph (b)(2) of this
section. The amount calculated in paragraph (c)(2)(iv)(H) of this section is multiplied by
the percentage for each region.

(J) The percentage calculated in paragraph (c)(2)(iv)(I) of this section may be adjusted
according to the provisions at paragraphs (c)(3) and (c)(4) of this section.
(v) As shown in the formulas under this paragraph (c)(2)(v), the allocation of CVC and CPC QS for
each crab QS fishery “f” based on each State of Alaska Interim Use Permit “i” held by each
qualified person shall be calculated by the Regional Administrator as follows:
(A) Sum legal landings for each qualifying year as described in Column B of Table 7 to this
part and divide that amount by the AHD for that year using the following equation:
(σ legal landingsif/AHDf) × 100 = Percentage of the AHDif
(B) In those fisheries where only a subset of the qualifying years are applied, the Regional
Administrator will use the years that yield the highest percentages of the AHD as
calculated in paragraph (c)(2)(v)(A) of this section.
(C) Sum the highest percentages of the AHDs for that license calculated under paragraph
(c)(2)(v)(B) of this section and divide by the number in Column E of Table 7 to this part
(Subset of Qualifying Years). This yields the Average Percentage as presented in the
following equation:
σ Percentages of the AHDlf/Subset of Qualifying Yearsf = Average Percentageif
(D) Divide the Average Percentage in paragraph (c)(2)(v)(C) of this section for a permit and
fishery by the Sum of all Average Percentages for all permits for that fishery as presented
in the following equation:
Average Percentageif/σ Average Percentagesf = Percentage of the Total Percentagesif
(E) Multiply the Percentage of the Total Percentages in paragraph (c)(2)(v)(E) of this section
by the Initial QS Pool as described in Table 8 to this part. This yields the unadjusted
number of QS units derived from a permit for a fishery.
(F) Multiply the unadjusted number of QS units in paragraph (c)(2)(v)(E) of this section by 3
percent. This yields the number of QS units to be allocated.
(G) Determine the percentage of legal landings in the subset of qualifying years associated
with a permit that were processed on that vessel and multiply the amount calculated in
paragraph (c)(2)(v)(F) of this section by this percentage. This yields the amount of CPC
QS to be allocated.
(H) Determine the percentage of legal landings in the subset of qualifying years associated
with a permit that were not processed on that vessel and multiply the amount calculated
in paragraph (c)(2)(v)(F) of this section by this percentage. This yields the amount of CVC
QS to be allocated.
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(I)

50 CFR 680.40(c)(2)(v)(I)

Determine the percentage of legal landings associated with a permit in the subset of
qualifying years that were delivered in each region as defined in paragraph (b)(2) of this
section. The amount calculated in paragraph (c)(2)(v)(H) of this section is multiplied by
the percentage for each region.

(J) The percentage calculated in paragraph (c)(2)(v)(I) of this section may be adjusted
according to the provisions at paragraphs (c)(3) and (c)(4) of this section. The amount
calculated in paragraph (c)(2)(v)(H) of this section is multiplied by the percentage for each
region. These regional QS designations do not apply to CVC QS.
(vi) Sunken vessel provisions.
(A) If a person applies for CVO QS or CPO QS based, in whole or in part, on the activities of a
vessel that sank, the Regional Administrator shall presume landings for that vessel for the
crab fishing years between the time of vessel loss and the replacement of the vessel
under § 679.4(k)(5)(v) of this chapter. These presumed landings shall be equivalent to 50
percent of the average legal landings for the qualifying years established in Column B of
Table 7 to this part unaffected by the sinking. If the vessel sank during a qualifying year,
the legal landings for that year will not be used as the basis for presumed landings;
(B) If a person applies for CVO QS or CPO QS based, in whole or in part, on the activities of a
vessel that sank and:
(1) The person who owned the vessel that sank would have been denied eligibility to
replace a sunken vessel under the provisions of Public Law 106-554; and
(2) The vessel that sank was replaced with a newly constructed vessel, with that vessel
under construction no later than June 10, 2002. For purposes of this section a vessel
is considered under construction once the keel for that vessel has been laid; and
(3) The newly constructed vessel participated in any Bering Sea crab fishery no later than
October 31, 2002;
(4) Then the Regional Administrator shall presume landings for that vessel for the crab
fishing years between the time of vessel loss and the replacement of the vessel.
These presumed landings shall be equivalent to 50 percent of the average legal
landings for the qualifying years established in Column B of Table 7 to this part
unaffected by the sinking. If the vessel sank during a qualifying year, the legal
landings for that year will not be used as the basis for presumed landings.
(vii) LLP license history exemption. An applicant for CVO or CPO QS who:
(A) Deployed a vessel in a crab QS fishery under the authority of an interim or permanent fully
transferable LLP license; and
(B) Prior to January 1, 2002, received by transfer, as authorized by NMFS, a permanent fully
transferable LLP license for use in that crab QS fishery to insure that a vessel would
remain authorized to participate in the fishery, may choose to use as the legal landings
which are the basis for QS allocation on his or her application for crab QS or PQS either:
(1) The legal landings made on that vessel for that crab QS fishery prior to the transfer of
the permanent fully transferable LLP license for use on that vessel; or

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50 CFR 680.40(c)(2)(vii)(B)(2)

(2) The legal landings made on the vessel that gave rise to the permanent fully
transferable LLP license and the legal landings made under the authority of that
same LLP license in that crab QS fishery prior to January 1, 2002.
(C) If the history described in paragraph (c)(2)(vii)(B)(1) of this section is being used by
another person for an allocation with an LLP license, then the allocation in paragraph
(c)(2)(vii) will be based on the legal landings as described under paragraph (c)(2)(vii)(B)(2)
of this section.
(3) Adjustment of CVO and CVC QS allocation for North and South regional designation. The Regional
Administrator may adjust the regional designation of QS to ensure that it is initially allocated in the
same proportion as the regional designation of PQS for that crab QS fishery. A person who would
receive QS based on the legal landings in only one region, will receive QS with only that regional
designation. A person who would receive QS with more than one regional designation for that crab
QS fishery would have his or her QS holdings regionally adjusted on a pro rata basis as follows:
(i)

Determine the ratio of the Initial PQS pool in the North and South regions.

(ii) Multiply the Initial QS pool by the ratio of North and South PQS. This will yield the target QS pool
for each region.
(iii) Sum the QS for all persons who are eligible to receive North QS yielding the unadjusted North
QS pool, and sum the QS for all persons who are eligible to receive South QS yielding the
unadjusted South QS pool.
(iv) To calculate the amount of QS available for adjustment, subtract the amount of QS for persons
receiving North only QS from the unadjusted North QS pool and subtract the amount of QS for
persons receiving South only QS from the unadjusted South QS pool, as presented in the
following equations:
(A) Unadj. North QS −North QS only = North QS for [North & South] QS holders.
(B) Unadj. South QS −South QS only = South QS for [North & South] QS holders.
(v) Determine which region becomes the gaining region if the target QS pool is greater than the
unadjusted QS pool.
(vi) Subtract the gaining region unadjusted QS pool from the gaining region target QS pool to
calculate the number of QS units that need to be applied to the gaining region. This amount is
the Adjustment Amount as presented in the following equation:
Unadj. gaining region QS −Target gaining region QS pool = Adjustment Amount
(vii) Divide the Adjustment Amount by the unadjusted losing region QS pool for North and South QS
holders. This yields the regional adjustment factor (RAF) for each person as presented in the
following equation:
Adj. Amount/unadjusted losing region QS pool for [North & South] QS holders = RAF
(viii) For each person (p) who holds both North and South Region QS, the QS adjustment (QS Adj.
(p)) to that person's Unadjusted losing region QS is expressed in the following equation as:
QS adj. p = Unadjusted losing region QS p × RAF

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50 CFR 680.40(c)(3)(ix)

(ix) The QS adjustment for person (p) is made by subtracting the QS adjustment from that person's
unadjusted losing region QS amount and added to that person's unadjusted gaining region QS.
These adjustments will yield the regional adjustment QS amounts for that person.
(4) Regional designation of Western Aleutian Islands golden king crab. Fifty percent of the CVO QS that is
issued in the WAG crab QS fishery will be initially issued with a West regional designation. The West
regional designation applies to QS for delivery west of 174° W. longitude. The remaining 50 percent
of the CVO QS initially issued for this fishery is not subject to regional designation (Undesignated
QS). A person (p) who would receive QS based on the legal landings in only one region will receive
QS with only that regional designation. A person who would receive QS with more than one regional
designation for that crab QS fishery would have his or her QS holdings regionally adjusted on a pro
rata basis as follows:
(i)

The West QS pool is equal to 50 percent of the initial QS pool.

(ii) The Undesignated QS pool is equal to 50 percent of the initial QS pool.
(iii) Sum the QS for all persons who are eligible to receive West QS yielding the unadjusted West QS
pool, and sum the QS for all persons who are eligible to receive undesignated QS yielding the
unadjusted undesignated QS pool.
(iv) To calculate the amount of QS available for adjustment, subtract the amount of QS for persons
receiving West only QS from the unadjusted West QS pool and subtract the amount of QS for
persons receiving undesignated only QS from the unadjusted undesignated QS pool, as
presented in the following equation:
(A) Unadj. West QS−West QS only = West QS for [West & Undesignated] QS holders.
(B) Unadj. Undesignated QS−Undesignated QS only = Undesignated QS for [West &
Undesignated] QS holders.
(v) Subtract the gaining region Unadjusted QS pool from the gaining region Target QS pool to
calculate the number of QS units that will need to be applied to the gaining region. This amount
is the Adjustment Amount as presented in the following equation:
Target gaining region QS pool−unadjusted region QS = Adjustment Amount
(vi) Divide the Adjustment Amount by the unadjusted losing region QS pool for West and
Undesignated QS holders. This yields the regional adjustment factor (RAF) for each person as
presented in the following equation:
Adj. Amount/unadjusted losing region QS pool for West & Undesignated QS holders = RAF
(vii) For each person (p) who holds both unadjusted West and Undesignated Region QS, the QS
adjustment (QS Adj. p) to that person's Unadjusted West QS is expressed in the following
equation as:
QS adj. p = Unadjusted West QS p × RAF
(viii) The QS adjustment for person (p) is made by subtracting the QS adjustment for that person's
unadjusted losing region QS amount and subtracted from that person's unadjusted gaining
region QS. These adjustments will yield the regional adjustment QS amounts for that person.
(5) Issuance of converted CPO QS.

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(i)

50 CFR 680.40(c)(5)(i)

For each crab fishing year, the Regional Administrator may issue converted CPO QS for the BBR
or BSS crab QS fishery with a North Region designation to an entity described in paragraph
(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) of this section if NMFS has approved an application for
converted CPO QS/IFQ for that crab fishing year.

(ii) Entity A is comprised only of Yardarm Knot, Inc. (NMFS ID # 675).
(iii) Entity B is comprised only of Blue Dutch, LLC (NMFS ID # 3163).
(iv) Entity C is comprised only of Trident Seafoods, Inc. (NMFS ID # 8184).
(v) NMFS will issue Entity A, B, or C, described in paragraphs (c)(5)(ii) through (c)(5)(iv) of this
section, one unit of converted CPO for each unit of CVO QS and 0.9 units of PQS indicated in an
approved application for converted CPO QS/IFQ.
(vi) For each crab fishing year, the Regional Administrator will not issue CPO QS for the BBR or BSS
crab QS fishery:
(A) To Entity A described in paragraph (c)(5)(ii) of this section that is greater than the amount
of converted CPO QS that may be derived from the amount of PQS units with a North
Region designation initially issued by NMFS to Yardarm Knot, Inc. (NMFS ID # 675), and
any affiliates of Yardarm Knot, Inc., as listed on an annual application for converted CPO
QS/IFQ for that crab fishing year;
(B) To Entity B described in paragraph (c)(5)(iii) of this section that is greater than the amount
of converted CPO QS that may be derived from the amount of PQS units with a North
Region designation initially issued by NMFS to Blue Dutch, LLC, (NMFS ID # 3163) under
paragraph (e)(3) of this section and any affiliates of Blue Dutch, LLC, as listed on an
annual application for annual application for converted CPO QS/IFQ for that crab fishing
year; and
(C) To Entity C described in paragraph (c)(5)(iv) of this section that is greater than the amount
of converted CPO QS that may be derived from the amount of CVO QS units with a North
Region designation initially issued by NMFS to Trident Seafoods, Inc. (NMFS ID # 8184),
and any affiliates of Trident Seafoods, Inc., as listed on an annual application for
converted CPO QS/IFQ for that crab fishing year;
(vii) CPO IFQ derived from converted CPO QS may be issued to a crab harvesting cooperative only if
the entity described in paragraph (c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) of this section holding the
converted CPO QS is a member of that crab harvesting cooperative.
(6) Offloading requirements for CPO IFQ derived from converted CPO QS. Any crab harvested under a
CPO IFQ permit derived from converted CPO QS must be offloaded in the Bering Sea subarea north
of 56°20′ N. lat.
(d) Crab PQS and Crab PQS Fisheries —
(1) General. The Regional Administrator shall initially assign to qualified persons defined in paragraph
(d)(3) of this section crab PQS specific to crab QS fisheries defined in paragraph (a)(1) of this
section. The crab PQS amount issued will be based on total legal processing of crab made in those
crab QS fisheries. PQS shall yield annual IPQ as defined under paragraph (j) of this section.
(2) Regional designations. For each crab QS fishery, PQS shall be initially regionally designated based on
the legal processing that gave rise to the PQS as follows:
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(i)

50 CFR 680.40(d)(2)(i)

North PQS if the processing that gave rise to the PQS for a crab QS fishery occurred in the
Bering Sea subarea north of 56°20′ N. lat.; or

(ii) South PQS if the processing that gave rise the PQS for a crab QS fishery did not occur in the
North Region, and PQS allocated to the WAI crab QS fishery; or
(iii) West PQS for a portion of the PQS allocated to the WAG crab QS fishery subject to the
provisions under paragraph (e)(2) of this section; or
(iv) Undesignated. Regional designations do not apply to:
(A) That portion of the WAG crab QS fishery that is not regionally designated as West Region
PQS; and
(B) The EBT or WBT crab QS fishery.
(v) The specific regional designations that apply to PQS in each of the crab QS fisheries are
described in paragraph (b)(2)(iii) of this section.
(3) Qualified person, for the purposes of PQS issuance, means a person, as defined at § 679.2, who at
the time of application for PQS is a U.S. citizen, or a U.S. corporation, partnership, association, or
other entity, and who:
(i)

Legally processed any crab QS species established in paragraph (a)(1) of this section during
1998 or 1999 as demonstrated on the official crab rationalization record; or

(ii) Did not legally process any crab QS species during 1998 or 1999 according to the official crab
rationalization record, but who:
(A) Processed BSS crab QS species in each crab season for that fishery during the period
from 1988 through 1997; and
(B) From January 1, 1996, through June 10, 2002, invested in a processing facility, processing
equipment, or a vessel for use in processing operations, including any improvements
made to existing facilities with a total expenditure in excess of $1,000,000; or
(C) Is the person to whom the history of legal processing of crab has been transferred by the
express terms of a written contract that clearly and unambiguously provides that such
legal processing of crab has been transferred. This provision would apply only if that
applicant for PQS:
(1) Legally processed any crab QS species established in paragraph (a)(1) of this section
during 1998 or 1999, as demonstrated on the official crab rationalization record; or
(2) Received history of crab processing that was legally processed during 1998 or 1999,
as demonstrated on the official crab rationalization record.
(iii) Qualified persons, or their successors-in-interest, must exist at the time of application for PQS.
(iv) A former partner of a dissolved partnership or a former shareholder of a dissolved corporation
who would otherwise be a qualified person may apply for PQS in proportion to his or her
ownership interest in the dissolved partnership or corporation.

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(v) A person who has acquired a processing corporation, partnership, or other entity that has a
history of legal processing of crab is presumed to have received by transfer all of that history of
legal processing of crab unless a clear and unambiguous written contract establishes
otherwise.
(4) Qualification for initial allocation of PQS —
(i)

Years. The qualifying years for each crab QS fishery are designated in Table 9 to this part.

(ii) Ownership interest. Documentation of ownership interest in a dissolved partnership or
corporation, association, or other entity 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.
(iii) Legal processing of crab means, for the purpose of initial allocation of PQS, raw crab pounds
processed in the crab QS fisheries designated under paragraph (a)(1) of this section in
compliance with state and Federal permitting, landing, and reporting regulations in effect at the
time of the landing. Legal processing excludes any deadloss, processing of crab harvested in a
test fishery or under a scientific, education, exploratory, or experimental permit, or under the
Western Alaska CDQ Program.
(iv) Documentation. Evidence of legal processing shall be limited to State of Alaska fish tickets,
except that:
(A) NMFS may use information from a State of Alaska Commercial Operators Annual Report,
State of Alaska fishery tax records, or evidence of direct payment from a receiver of crab
to a harvester if that information indicates that the buyer of crab differs from the receiver
indicated on State of Alaska fish ticket records; however:
(B) Information on State of Alaska fish tickets shall be presumed to be correct for the purpose
of determining evidence of legal processing of crab. An applicant will have the burden of
proving the validity of information submitted in an application that is inconsistent with the
information on the State of Alaska fish ticket.
(e) Calculation of PQS allocation —
(1) Computation for initial issuance of PQS.
(i)

The Regional Administrator shall establish the Total Processing Denominator (TPD) which
represents the amount of legally processed raw crab pounds in each crab QS fishery in all
qualifying years.

(ii) For each crab QS fishery, the percentage of the initial PQS pool that will be distributed to each
qualified person shall be based on their percentage of the TPD according to the following
procedure:
(A) Sum the raw crab pounds purchased for each person for all qualifying years.
(B) Divide the sum calculated in paragraph (e)(1)(ii)(A) of this section by the TPD. Multiply by
100. This yields a person's percentage of the TPD.
(C) Sum the TPD percentages of all persons.

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(D) Divide the percentage for a person calculated in paragraph (e)(1)(ii)(B) of this section by
the sum calculated in paragraph (e)(1)(ii)(C) of this section for all persons. This yields a
person's percentage of the TPD.
(E) Multiply the amount calculated in paragraph (e)(1)(ii)(D) of this section by the PQS pool for
that crab QS fishery as that amount is defined in Table 8 to this part.
(F) Determine the percentages of legally processed crab that were processed in each region.
The percentages calculated in paragraph (e)(1)(ii)(E) of this section are multiplied by the
amount determined within each regional designation. Regional designations will apply to
that PQS according to the provisions established in paragraphs (d)(2) and (e)(2) of this
section.
(2) Regional designation of Western Aleutian Islands golden king crab.
(i)

Fifty percent of the PQS that is issued in the WAG crab QS fishery will be issued with a West
regional designation. The West regional designation applies to PQS for processing west of 174°
N. long. The remaining 50 percent of the PQS issued for this fishery is Undesignated region
PQS.

(ii) A person will receive only West PQS if, at the time of application, that person owns a crab
processing facility that is located in the West region. A person will receive West region and
Undesignated Region PQS if, at the time of application, that person does not own a crab
processing facility located in the West region. Expressed algebraically, for any person (p)
allocated both West region PQS and undesignated region PQS the formula is as follows:
(A) PQSWest = PQS × 0.50
(B) PQSUnd. = PQS × 0.50
(C) PQSWest for PQSWest & Und. holders = PQSWest−PQSWest only
(D) PQSWest for Personp West & Und. = PQSp × PQSWest for PQSWest & Und. holders/(PQSWest for
PQSWest & Und. holders + PQSUnd.)
(E) PQSUnd. for Personp = PQSp−PQSWest for Personp
(iii) For purposes of the allocation of PQS in the WAG crab fishery:
(A) Ownership of a processing facility is defined as:
(1) A sole proprietor; or
(2) A relationship between two or more entities in which a person directly or indirectly
owns a 10 percent or greater interest in another, or a third entity directly or indirectly
owns a 10 percent or greater interest in both.
(B) A processing facility is a shoreside crab processor or a stationary floating crab processor.
(3) PQS issued to Blue Dutch, LLC.
(i)

Pursuant to Public Law 109-241, NMFS issued 3,015,229 units of PQS for the BBR crab QS
fishery and 7,516,253 units of PQS for the BSS crab QS fishery.

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(ii) PQS units issued to Blue Dutch, LLC, under paragraph (e)(3)(i) of this section were assigned a
regional designation according to the procedures established in paragraph (b)(2)(iv) of this
section.
(iii) PQS units issued to Blue Dutch, LLC, under paragraph (e)(3)(i) of this section may not be
transferred to any other person.
(f) Application for crab QS or PQS —
(1) General. The Regional Administrator will issue QS and/or PQS to an applicant if a complete
application for crab QS or PQS is submitted by or on behalf of the applicant during the specified
application period, and if the applicant meets all criteria for eligibility as specified at paragraphs
(b)(3) and (d)(3) of this section.
(i)

The Regional Administrator will send application materials to the person identified by NMFS as
an eligible applicant based on the official crab rationalization record. An application form may
also be obtained from the Internet or requested from the Regional Administrator.

(ii) An application for crab QS or PQS may be submitted to NMFS as instructed on the 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.
(iii) An application that is postmarked, faxed, or hand delivered after the ending date for the
application period for the Crab QS Program specified in the FEDERAL REGISTER will be denied.
(2) Contents of application. A complete application for crab QS or PQS must be signed by the applicant,
or the individual representing the applicant, and include the following, as applicable:
(i)

Type of QS or PQS for which the person is applying. Select the type of QS or PQS for which the
applicant is applying.
(A) If applying for CVO QS or CPO QS, submit information required in paragraphs (f)(2)(ii)
through (f)(2)(iv) of this section;
(B) If applying for CVC QS or CPC QS, submit information required in paragraphs (f)(2)(ii),
(f)(2)(iii) and (f)(2)(v) of this section;
(C) If applying for PQS, submit information required in paragraphs (f)(2)(ii), (f)(2)(iii) and
(f)(2)(vi) of this section.

(ii) Applicant information.
(A) Enter the applicant's name, NMFS person ID (if applicable), tax ID or social security
number (required), permanent business mailing address, business telephone number,
facsimile number, and e-mail (if available);
(B) Indicate (YES or NO) whether applicant is a U.S. citizen; if YES, enter his or her date of
birth. You must be a U.S. citizen or U.S. corporation, partnership, or other business entity
to obtain CVO, CPO, CVC, or CPC QS.
(C) Indicate (YES or NO) whether applicant is a U.S. corporation, partnership, association, or
other business entity; if YES, enter the date of incorporation;
(D) Indicate (YES or NO) whether applicant is deceased; if YES, enter date of death. A copy of
the death certificate must be attached to the application;
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(E) Indicate (YES or NO) whether applicant described in paragraph (f)(2)(ii)(C) of this section
is no longer in existence; if YES, enter date of dissolution and attach evidence of
dissolution to the application;
(iii) Fishery and QS/PQS type. Indicate the crab QS fishery and type of QS/PQS for which applying.
(iv) CVO or CPO QS.
(A) For vessels whose catch histories are being claimed for purposes of the crab QS program,
enter the following information: name of the vessel, ADF&G vessel registration number,
USCG documentation number, moratorium crab permit number(s), and crab LLP license
number(s) held by the applicant and used on that vessel, qualifying years or seasons
fished by fishery, and dates during which those permits were used on that vessel.
(B) Indicate (YES or NO) whether applicant is applying for QS for any crab QS fishery for which
the applicant purchased an LLP license prior to January 1, 2002, in order to remain in that
fishery. If YES, include LLP crab license number, and the vessel's name, ADF&G vessel
registration number, and USCG documentation number.
(C) Indicate (YES or NO) whether QS is being claimed based on the fishing history of a vessel
that was lost or destroyed. If YES, include the name, ADF&G registration number, and
USCG documentation number of the lost or destroyed vessel, the date the vessel was lost
or destroyed, and evidence of the loss or destruction.
(D) Indicate (YES or NO) whether the lost or destroyed vessel described in paragraph
(f)(2)(iv)(C) of this section was replaced with a newly constructed vessel. If YES, include
the name, ADF&G vessel registration number, and USCG documentation number of the
replacement vessel, date of vessel construction, and date vessel entered fishery(ies).
Indicate (YES or NO) if the replacement vessel participated in a Bering Sea crab fishery by
October 31, 2002. If YES, provide documentation of the replacement vessel's participation
by October 31, 2002, in a Bering Sea crab fishery.
(E) If the applicant is applying for CPO QS, indicate (YES or NO) whether the applicant
processed crab from any of the crab QS fisheries listed on Table 1 to this part on board a
vessel authorized by one of the LLP licenses listed in paragraph (f)(2)(iv)(A) of this section
in 1998 or 1999. If YES, enter information for the processed crab, including harvest area,
date of landing, and crab species.
(v) CVC or CPC QS.
(A) Indicate (YES or NO) whether applicant had at least one landing in three of the qualifying
years for each crab species for which the applicant is applying for QS (see Table 7 to this
part).
(B) Indicate (YES or NO) whether applicant has recent participation in a crab QS fishery as
defined in Table 7 to this part.
(C) If the answer to paragraph (f)(2)(v)(A) or paragraph (f)(2)(v)(B) of this section is YES, enter
State of Alaska Interim Use Permit number and the name, ADF&G vessel registration
number, and USCG documentation number of vessel on which harvesting occurred. Select
the qualifying years or seasons fished by QS fishery, and the dates during which those
permits were used on that vessel;

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50 CFR 680.40(f)(2)(v)(D)

(D) Indicate (YES or NO) whether a person is applying as the successor-in-interest to an
eligible applicant. If YES, attach to the application documentation proving the person's
status as a successor-in-interest and evidence of the death of the eligible applicant.
(vi) Processor QS.
(A) Indicate (YES or NO) whether applicant processed any of the crab species included in the
Crab QS program (see Table 1 to this part) in 1998 or 1999.
(B) If answer to paragraph (f)(2)(vi)(A) of this section is YES, enter the facility name and
ADF&G processor code for each processing facility where crab, from any of the crab QS
fisheries listed in Table 1 of this part, were processed and the qualifying years or seasons
by fishery for which applicant is claiming eligibility for PQS.
(C) If answer to paragraph (f)(2)(vi)(A) of this section is NO, indicate (YES or NO) whether
applicant is claiming eligibility under hardship provisions;
(D) If answer to paragraph (f)(2)(vi)(C) of this section is YES, both of the following provisions
must apply to a processor to obtain hardship provisions. Attach documentation of the
following circumstances:
(1) Applicant processed QS crab during 1998 or 1999, or processed BSS crab in each
season between 1988 and 1997; and
(2) Applicant invested a total expenditure in excess of $1,000,000 for any processing
facility, processing equipment, or a vessel for use in processing operations, including
any improvements made to existing facilities from January 1, 1996, to June 10, 2002;
(E) Indicate (YES or NO) whether applicant has entered into a Community Right of First
Refusal (ROFR) contract consistent with paragraph (f)(3) of this section pertaining to the
transfer of any PQS and/or IPQ subject to ROFR and issued as a result of this application.
(F) Contract that the legal processing history and rights to apply for and receive PQS based on
that legal processing history have been transferred or retained; and
(G) Any other information deemed necessary by the Regional Administrator.
(H) If applicant is applying to receive PQS for the WAG crab QS fishery, indicate (YES or NO)
whether applicant owns a crab processing facility in the West region (see paragraph (b)(2)
(iii) of this section).
(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/her knowledge and belief. If
the application is completed by an authorized representative, then authorization must
accompany the application.
(3) Notice and contract provisions for community right of first refusal (ROFR) for initial issuance of PQS.
(i)

To be complete, an application for PQS from a person based on legal processing that occurred
in an ECC, other than Adak, must also include an affidavit signed by the applicant stating that
notice has been provided to the ECC of the applicant's intent to apply for PQS. If the ECC
designates an entity to represent it in the exercise of ROFR under § 680.41(l), then the
application also must include an affidavit of completion of a contract for ROFR that includes
the terms enacted under section 313(j) of the Magnuson-Stevens Act. The affidavit must be

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signed by the applicant for initial allocation of PQS and the ECC entity designated under §
680.41(l)(2). A list of contract terms is available from the NMFS Alaska Region Web site at
http://www.fakr.noaa.gov. A copy of these contract terms also will be made available by mail or
facsimile by contacting the Regional Administrator at 907-586-7221.
(ii) To be complete, an application for crab QS or PQS from a person based on legal processing
that occurred in the GOA north of a line at 56°20′ N. lat. must also include an affidavit signed by
the applicant stating that notice has been provided to the City of Kodiak and Kodiak Island
Borough of the applicant's intent to apply for PQS. If the City of Kodiak and Kodiak Island
Borough designate an entity to represent it in the exercise of ROFR under § 680.41(l), then the
application also must include an affidavit of completion of a contract for ROFR that includes
the terms enacted under the Consolidated Appropriations Act of 2004 (Pub. L. 108-199) and
that is signed by the applicant for initial allocation of PQS and the ECC entity designated by the
City of Kodiak and Kodiak Island Borough under § 680.41(l)(2). A list of contract terms is
available from the NMFS Alaska Region Web site at http://www.fakr.noaa.gov. A copy of these
contract terms also will be made available by mail or facsimile by contacting the Regional
Administrator at (907) 586-7221.
(4) Application evaluation. The Regional Administrator will evaluate Applications for Crab QS or PQS
submitted during the specified application period and compare all claims in an application with the
information in the official crab rationalization record. Claims in an application that are consistent
with information in the official crab rationalization record will be accepted by the Regional
Administrator. Inconsistent claims in the Applications for Crab QS or PQS, unless verified by
documentation, will not be accepted. An applicant who submits inconsistent claims, or an applicant
who fails to submit the information specified in paragraph (f)(2) of this section, will be provided a
single 30-day evidentiary period as provided in paragraph (f)(5) of this section to submit the
specified information, submit evidence to verify his or her inconsistent claims, or submit a revised
application with claims consistent with information in the official crab rationalization record. An
applicant who submits claims that are inconsistent with information in the official crab
rationalization record has the burden of proving that the submitted claims are correct.
(5) Additional information or evidence. The Regional Administrator will evaluate additional information or
evidence to support an applicant's inconsistent claims submitted prior to or 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 inconsistent claims in his or her
application are correct, the official crab rationalization record will be amended and the information
will be used in determining whether the applicant is eligible for QS or PQS. 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 are correct, the applicant will
be notified by an IAD, that the applicant did not meet the burden of proof to change the information
in the official crab rationalization record.
(6) 30-day evidentiary period. The Regional Administrator will specify by letter a single 30-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 crab rationalization 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 (b)(3)(iii) and (b)(3)(iv) of this section will have 30 days to provide that
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50 CFR 680.40(f)(7)

information. An applicant will be limited to one 30-day evidentiary period per application. Additional
information or evidence, or a revised application, received after the 30-day evidentiary period
specified in the letter has expired will not be considered for purposes of the IAD.
(7) Right of First Refusal (ROFR) contract provisions. If an ECC designates an entity to represent it in the
exercise of ROFR under § 680.41(l), then the Regional Administrator will not prepare an IAD on
unverified claims or issue PQS until an affidavit is received from the applicant confirming the
completion of a civil contract for ROFR as required under section 313(j) of the Magnuson-Stevens
Act.
(8) 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 rebut the presumption that the official crab rationalization
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 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 crab QS or PQS until
after the final resolution of that appeal in the applicant's favor.
(g) Annual allocation of IFQ —
(1) General. IFQ is assigned based on the underlying QS. Except for CVC and CPC QS permit holders who
fail to meet the participation requirements at paragraph (g)(2) of this section, the Regional
Administrator shall assign crab IFQs to each person who holds QS and submits a complete annual
application for crab IFQ/IPQ permit as described under § 680.4. IFQ will be assigned to a crab QS
fishery with the appropriate regional designation, QS sector, and IFQ class. This amount will
represent the maximum amount of crab that may be harvested from the specified crab QS fishery by
the person to whom it is assigned during the specified crab fishing year, unless the IFQ assignment
is changed by the Regional Administrator because of an approved transfer, revoked, suspended, or
modified under 15 CFR part 904.
(2) Eligibility for CVC IFQ and CPC IFQ. For each crab fishing year after June 30, 2027, individuals holding
CVC QS or CPC QS permits must meet the participation requirements set forth in paragraph (g)(2)(i)
of this section in order to receive CVC IFQ or CPC IFQ, unless the CVC QS permit holder or CPC QS
permit holder meets the exemption provided in paragraph (g)(2)(ii) of this section.
(i)

During one of the 3 crab fishing years preceding the crab fishing year for which the individual is
filing an annual crab IFQ permit application, the individual has participated as crew in at least:
(A) One fishing trip where a delivery of crab is made in any CR fishery; or
(B) 30 days of:
(1) Fishing in a commercial fishery managed by the State of Alaska or in a Federal
commercial fishery in the EEZ off Alaska. Individuals may combine their participation
as crew in State of Alaska and Federal commercial fisheries in waters off Alaska to
meet this requirement; or

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(2) On a tender vessel operating in support of a commercial fishery managed by the
State of Alaska or in a Federal commercial fishery in the EEZ off Alaska. Individuals
may combine their participation as crew on a tender vessel in State of Alaska and
Federal commercial fisheries in waters off Alaska to meet this requirement.
(C) Individuals may combine their participation specified in paragraphs (g)(2)(i)(B)(1) and (2)
of this section to meet this requirement.
(D) If the individual holds CVC QS or CPC QS in one or more CR fisheries and all CR crab
fisheries for which the QS holder holds QS are closed, NMFS will exclude that crab fishing
year when determining whether the individual has satisfied the participation requirements
specified in paragraph (g)(2)(i) of this section.
(ii) All of the CVC QS or CPC QS permits held by the individual were acquired using the eligibility
criteria in § 680.41(c)(1)(vii)(B) or reissued under paragraph (m)(6) of this section and the
individual has held those CVC QS or CPC QS permits for less than 3 crab fishing years.
(3) Withholding of CVC IFQ or CPC IFQ. Beginning July 1, 2027, the Regional Administrator will withhold
issuance of CVC IFQ or CPC IFQ to an individual who has not met the participation requirements set
forth in paragraph (g)(2) of this section. The Regional Administrator will withhold an individual's CVC
IFQ or CPC IFQ in accordance with the procedures set forth in paragraphs (g)(3)(i) and (ii) of this
section.
(i)

Notice of C Share IFQ Withholding. The Regional Administrator will issue a Notice of C Share IFQ
Withholding to an individual holding CVC or CPC QS if, after reviewing the CVC or CPC QS
holder's Application for Annual Crab IFQ Permit, the Regional Administrator determines that the
CVC or CPC QS holder has failed to meet the participation requirements in paragraph (g)(2) of
this section. A CVC or CPC QS holder who receives a Notice of C Share IFQ Withholding will
have 30 days to provide the Regional Administrator with information demonstrating
participation as crew that meets the requirements of paragraph (g)(2) of this section.

(ii) Initial administrative determination (IAD). The Regional Administrator will prepare and send an
IAD to the CVC or CPC QS holder following the expiration of the 30-day evidentiary period if the
Regional Administrator determines that the information or evidence provided by the CVC or
CPC QS holder fails to demonstrate participation as crew and is insufficient to rebut the
information included in the CVC or CPC QS holder's Applications for Annual Crab IFQ Permit, or
if the additional information or evidence is not provided within the time period specified in the
Notice of C Share IFQ Withholding. The IAD will explain the basis for the withholding of IFQ. A
CVC or CPC QS holder who receives an IAD withholding IFQ may appeal under the appeals
procedures set forth at 15 CFR part 906. A CVC or CPC QS holder who avails himself or herself
of the opportunity to appeal an IAD withholding IFQ will not receive crab IFQ until after the final
resolution of that appeal in the QS holder's favor.
(h) Calculation of annual IFQ allocation —
(1) General.
(i)

The annual allocation of IFQ to any person (p) in any crab QS fishery (f) will be based on the
TAC of crab for that crab QS fishery less the allocation to the Western Alaska CDQ Program
(“CDQ Reserve”) and Western Aleutian Islands golden king crab fishery. Expressed algebraically,
the annual IFQ allocation formula is as follows:

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50 CFR 680.40(h)(1)(i)(A)

(A) IFQ TACf = TACf − (CDQ Reservef + Allocation for the Western Aleutian Island golden king
crab fishery)
(B) IFQpf = IFQ TACf × (QSpf/QS poolf)
(ii) CVO, CPO, CVC, and CPC IFQ. Each year, 3 percent of the IFQ TACf will be allocated as CVC IFQ
or CPC IFQ and 97 percent of the IFQ TACf will be allocated as CVO IFQ or CPO IFQ. Expressed
algebraically, the formulas for the annual IFQ allocations are as follows:
(A) CVC/CPC IFQf = IFQ TACf × 0.03
(B) CVO/CPO IFQf = IFQ TACf × 0.97
(2) Class A/B IFQ.
(i)

QS shall yield Class A or Class B IFQ if:
(A) Initially assigned to the CVO QS sector; or
(B) Transferred to the CVO QS sector from the CPO QS sector.

(ii) The Class A/B IFQ TAC is the portion of the TAC assigned as Class A/B IFQ under paragraphs
(h)(2)(i)(A) and (B) of this section.
(3) Class A/B IFQ issuance ratio.
(i)

Class A and Class B IFQ shall be assigned on an annual basis such that the total amount of
Class A and B IFQ assigned in a crab fishing year in each crab QS fishery for each region will be
in a ratio of 90 percent Class A IFQ and 10 percent Class B IFQ.

(ii) The Regional Administrator will determine the amount of Class A and Class B IFQ that is
assigned to each QS holder. The Class A IFQ is calculated by allocating 90 percent of the Class
A/B IFQ TAC (TAC a) to Class A IFQ. A portion of the IFQ TAC a is allocated to persons eligible
to hold only Class A IFQ (TAC a only), the remaining IFQ TAC (TAC r) is allocated for harvest by
a person (p) eligible to receive both Class A IFQ and Class B IFQ. Expressed algebraically, for an
individual person (p) eligible to hold both Class A and Class B IFQ the annual allocation formula
is as follows:
(A) TACa = Class A/B IFQ TAC × 0.90
(B) TACr = TACa−TACa only
(C) IFQap = TACr/(Class A/B IFQ TAC−TACa only) × IFQp
(D) IFQbp = IFQp−IFQap
(4) Class A IFQ and Class B IFQ issuance to IPQ holders. If a person holds IPQ and IFQ, than that person
will be issued Class A IFQ only for the amount of IFQ equal to the amount of IPQ held by that person.
Any remaining IFQ held by that person will be issued as Class A and Class B IFQ in a ratio so that the
total Class A and Class B IFQ issued in that crab QS fishery is issued as 90 percent Class A IFQ and
10 percent Class B IFQ;
(5) Class A IFQ and Class B IFQ issuance to persons affiliated with IPQ holders. If an IPQ holder holds IPQ
in excess of the amount of IFQ held by that person, all IFQ holders affiliated with that IPQ holder will
receive only Class A IFQ in proportion to the amount of IFQ held by those affiliated persons relative

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50 CFR 680.40(h)(6)

to that amount of IPQ held by that IPQ holder. Any remaining IFQ held by persons affiliated with the
IPQ holder will be issued as Class A and Class B IFQ in a ratio so that the total Class A and Class B
IFQ issued in that fishery is issued as 90 percent Class A IFQ and 10 percent Class B IFQ.
(6) CVC IFQ.
(i)

QS that is initially allocated to the CVC QS sector shall yield CVC IFQ.

(ii) CVC IFQ is not subject to regional designation.
(7) CPO IFQ.
(i)

QS that is initially allocated to the CPO QS sector shall yield CPO IFQ.

(ii) CPO IFQ is not subject to regional designation.
(8) CPC IFQ.
(i)

QS that is initially allocated to the CPC QS sector shall yield CPC IFQ.

(ii) CPC IFQ is not subject to regional designation.
(9) QS amounts for IFQ calculation. For purposes of calculating IFQ for any crab fishing year, the amount
of a person's QS and the amount of the QS pool for any crab QS fishery will be the amounts on
record with the Alaska Region, NMFS, at the time of calculation.
(10) Class A IFQ.
(i)

The amount of Class A IFQ issued in excess of the IPQ issuance limits for the BSS or BBR crab
QS fisheries, as described in paragraph (j)(3) of this section, will be issued to all Class A IFQ
recipients on a pro rata basis in proportion to the amount of Class A IFQ held by each person.

(ii) Any amount of Class A IFQ that is issued in excess of the IPQ issuance limits for the BSS or
BBR crab QS fisheries, as described in paragraph (j)(3) of this section, is not required to be
delivered to an RCR with unused IPQ.
(i)

Annual allocation of IPQ. IPQ is assigned based on the underlying PQS. The Regional Administrator shall
assign crab IPQs to each person who submits a complete annual application for crab IFQ/IPQ permit as
described under § 680.4. Each assigned IPQ will be specific to a crab QS fishery with the appropriate
regional designation. This amount will represent the maximum amount of crab that may be received from
the specified crab QS fishery by the person to whom it is assigned during the specified crab fishing year,
unless the IPQ assignment is changed by the Regional Administrator because of an approved transfer,
revoked, suspended, or modified under 15 CFR part 904.

(j)

Calculation of annual IPQ allocation —
(1) General. The annual allocation of TAC to PQS and the resulting IPQ in any crab QS fishery (f) is the
Class A IFQ TAC (TACa). A person's annual IPQ is based on the amount of PQS held by a person
(PQS p) divided by the PQS pool for that crab QS fishery for all PQS holders (PQS pool f). Expressed
algebraically, the annual IPQ allocation formula is as follows:
IPQpf = TACaf × PQSpf/PQS poolf.
(2) PQS amounts for IPQ calculation. For purposes of calculating IPQs for any crab fishing year, the
amount of a person's PQS and the amount of the PQS pool for any crab PQS fishery will be the
amounts on record with the Alaska Region, NMFS, at the time of calculation.

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50 CFR 680.40(j)(3)

(3) IPQ issuance limits. The amount of IPQ issued in any crab fishing year shall not exceed:
(i)

157,500,000 raw crab pounds (71,441.5 mt) in the BSS crab QS fishery; and

(ii) 18,000,000 raw crab pounds (8,164.7 mt) in the BBR crab QS fishery.
(4) IPQ issued to Blue Dutch, LLC —
(i)

BBR IPQ. For each crab fishing year that the total allowable catch for BBR CR crab is greater
than 15,732,480 lb (7,136.2 mt), NMFS will issue IPQ for the 3,015,229 units of PQS issued to
Blue Dutch, LLC, pursuant to Public Law 109-241.

(ii) BSS IPQ. For each crab fishing year that the total allowable catch for BSS CR crab is greater
than 21,350,640 lb (9,684.6 mt), NMFS will issue IPQ for the 7,516,253 units of PQS issued to
Blue Dutch, LLC, pursuant to Public Law 109-241.
(k) Timing for issuance of IFQ or IPQ. IFQ and IPQ will be issued once the TAC for that crab QS fishery in that
crab fishing year has been specified by the State of Alaska. All IFQ and IPQ for all persons will be issued
once for a crab fishing year for a crab QS fishery. QS issued after NMFS has issued annual IFQ for a crab
QS fishery for a crab fishing year will not result in IFQ for that crab QS fishery for that crab fishing year.
(l)

Harvesting and processing privilege. QS and PQS 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 QS, PQS, or permits represent only a
harvesting or processing privilege that may be revoked or amended pursuant to the Magnuson-Stevens
Act and other applicable law. IPQs do not create a right, title, or interest in any crab until that crab is
purchased from a fisherman.

(m) Participation requirements for retention of CVC QS and CPC QS.
(1) Beginning July 1, 2028, and each crab fishing year thereafter, individuals allocated CVC QS or CPC
QS must meet the participation requirements set forth in paragraph (m)(2) of this section in order to
retain their CVC QS or CPC QS unless the CVC QS holder or CPC QS holder meets the exemption
provided in paragraph (m)(5) of this section.
(2) During one of the 4 crab fishing years preceding the crab fishing year for which the individual is filing
an annual crab IFQ permit application, the individual has participated as crew in at least:
(i)

One fishing trip where a delivery of crab is made in any CR fishery; or

(ii) 30 days of:
(A) Fishing in a commercial fishery managed by the State of Alaska or in a Federal
commercial fishery in the EEZ off Alaska. Individuals may combine their participation as
crew in State and Federal commercial fisheries to meet this requirement; or
(B) On a tender vessel operating in support of a commercial fishery managed by the State of
Alaska or in a Federal commercial fishery in the EEZ off Alaska. Individuals may combine
their participation as crew on a tender vessel in State and Federal commercial fisheries to
meet this requirement.
(iii) Individuals may combine participation specified in paragraphs (m)(2)(ii)(A) and (B) of this
section to meet this requirement.

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50 CFR 680.40(m)(2)(iv)

(iv) If the individual holds CVC QS or CPC QS in one or more CR crab fisheries and all CR crab
fisheries for which the QS holder holds QS are closed, NMFS will exclude that crab fishing year
when determining whether the individual has satisfied the participation requirement specified in
this paragraph (m)(2).
(3) An individual issued a CVC QS or CPC QS permit may include information demonstrating compliance
with the participation requirements in paragraph (m)(2) of this section with the individual's annual
Application for Crab IFQ.
(4) If an individual issued a CVC QS or CPC QS permit fails to meet the participation requirements in
paragraph (m)(2) of this section or fails to qualify for the exemption in paragraph (m)(5) of this
section, NMFS will revoke all of the individual's CVC QS or CPC QS in accordance with § 680.43.
(5) All of the CVC QS or CPC QS permits held by the individual were acquired using the eligibility criteria
in § 680.41(c)(1)(vii)(B) or reissued under paragraph (m)(6) of this section, and the person has held
those CVC QS or CPC QS permits for less than 4 crab fishing years.
(6) For CVC QS or CPC QS revoked by NMFS under regulations paragraph (m)(2) of this section from
July 1, 2019, through May 31, 2024, an individual may apply for reissuance of QS with the individual's
annual crab IFQ permit application from May 31, 2024 through June 15, 2025.
[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, Dec. 20, 2005; 71 FR 32864, June 7, 2006; 73
FR 29983, May 23, 2008; 73 FR 30320, May 27, 2008; 73 FR 35088, June 20, 2008; 73 FR 76190, Dec. 15, 2008; 74 FR 51520, Oct. 7,
2009; 80 FR 15897, Mar. 26, 2015; 87 FR 42394, July 15, 2022; 89 FR 47877, June 4, 2024]

§ 680.41 Transfer of QS, PQS, IFQ and IPQ.
(a) General.
(1) Transfer of crab QS, PQS, IFQ, or IPQ means any transaction, approved by NMFS, requiring QS or
PQS, or the use thereof in the form of IFQ or IPQ, to pass from one person to another, permanently or
for a fixed period of time, except that:
(2) A crab IFQ hired master permit issued by NMFS, as described in § 680.4, is not a transfer of crab QS
or IFQ; and
(3) The use of IFQ assigned to a crab harvesting cooperative and used within that cooperative is not a
transfer of IFQ.
(b) Transfer applications —
(1) Application. An application is required to transfer any amount of QS, PQS, IFQ, or IPQ. A transfer
application will not be approved until the necessary eligibility application has been submitted and
approved by NMFS in accordance with paragraph (c) of this section. The Regional Administrator will
not approve any transfers of QS, PQS, IFQ, or IPQ in any crab QS fishery from June 15 until either the
date of the issuance of IFQ or IPQ for that crab QS fishery, or the date on which the State of Alaska
announces that a crab QS fishery will not open for that crab fishing year.
(2) Notification of application approval or disapproval. Persons submitting any application for approval
under § 680.41 will receive notification of the Regional Administrator's decision to approve or
disapprove the application, and if applicable, the reason(s) for disapproval.
(3) Reasons for disapproval. Reasons for disapproval of an application include, but are not limited to:
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(i)

50 CFR 680.41(b)(3)(i)

Lack of U.S. citizenship, where U.S. citizenship is required;

(ii) Failure to meet minimum requirements for sea time as a member of a harvesting crew;
(iii) An incomplete application, including fees and an EDR, if required;
(iv) An untimely application; or
(v) Fines, civil penalties, or other payments due and owing, or outstanding permit sanctions
resulting from Federal fishery violations.
(4) QS, PQS, IFQ, or IPQ accounts.
(i)

QS, PQS, IFQ, or IPQ accounts affected by a transfer approved by the Regional Administrator will
change on the date of approval.

(ii) For non-electronic submittals, any necessary IFQ or IPQ permits will be sent with the
notification of approval if the receiver of the IFQ or IPQ permit has completed an annual
application for crab IFQ or IPQ permit for the current fishing year as required under § 680.4.
(iii) For electronic submittals, the parties to the transfer would access and print approvals and
permits online.
(5) Submittal. Submit applications and other documents to NMFS as instructed on the 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.
(c) Eligibility to receive QS, PQS, IFQ, or IPQ by transfer. Persons, other than persons initially issued QS or PQS,
must establish eligibility to receive QS, PQS, IFQ, or IPQ by transfer.
(1) To be eligible to receive QS, PQS, IFQ, or IPQ by transfer, a person must first meet the requirements
specified in the following table:

Quota type

Eligible person

Eligibility requirements

(i) PQS not
issued under §
680.40(e)(3)(i)

Any person

None.

(ii) IPQ

Any person

None.

(iii) CVO or CPO
QS

(A) A person
initially issued
QS

No other eligibility requirements.

(B) An individual

who is a U.S. citizen with at least 150 days of sea time as part
of a harvesting crew in any U.S. commercial fishery.

(C) A
corporation,
partnership, or
other entity

with at least one individual member who is a U.S. citizen and
who:
(1) owns at least 20 percent of the corporation, partnership, or
other entity; and
(2) has at least 150 days of sea time as part of a harvesting
crew in any U.S. commercial fishery.

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Quota type

Eligible person

50 CFR 680.41(c)(2)

Eligibility requirements

(D) An ECCO

that meets the eligibility requirements described under
paragraph (j) of this section.

(E) A CDQ group

No other eligibility requirements.

(iv) Converted
CPO QS

N/A

Converted CPO QS may not be transferred.

(v) CPO IFQ
derived from
Converted CPO
QS

N/A

CPO IFQ derived from Converted CPO may not be transferred.

(vi) CVO or CPO
IFQ

All eligible
persons for CVO
or CPO QS

according to the requirements in paragraph (c)(1)(iii) of this
section.

(vii) CVC or CPC
QS

An individual

(A) Who is a U.S. citizen with:
(1) At least 150 days of sea time as part of a harvesting crew
in any U.S. commercial fishery, and
(2) Recent participation as crew in at least one delivery of
crab in a CR crab fishery in the 365 days prior to submission
of the application for eligibility,
(B) From May 1, 2015, until May 1, 2019, CVC or CPC QS also
may be transferred to an individual who is a U.S. citizen with:
(1) At least 150 days of sea time as part of a harvesting crew
in any U.S. commercial fishery, and
(2) Who either:
(i) Received an initial allocation of CVC or CPC QS; or
(ii) Participated as crew in at least one delivery of crab in a CR
crab fishery in any 3 of the 5 crab fishing years starting on
July 1, 2000, through June 30, 2005.

(viii) CVC or
CPC IFQ

All eligible
individuals for
CVC or CPC QS

According to the requirements in paragraph (c)(1)(vii) of this
section.

(2) Application for eligibility to receive QS/IFQ and PQS/IPQ by transfer.
(i)

This application is required to establish a person's eligibility to receive QS, PQS, IFQ, or IPQ by
transfer, if the person is not an ECCO. See paragraph (j) of this section for eligibility to transfer
of QS/IFQ to or from an ECCO. The Regional Administrator shall provide an application to any
person on request or on the Internet at http://www.fakr.noaa.gov/.

(ii) Contents. A complete Application for Eligibility to Receive QS/IFQ or PQS/IPQ by Transfer must
include the following:
(A) Type of QS, IFQ, PQS, or IPQ for which the applicant is seeking eligibility. Indicate type of
QS, IFQ, PQS, IPQ for which applicant is seeking eligibility.
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50 CFR 680.41(c)(2)(ii)(A)(1)

(1) If seeking CVO or CPO QS/IFQ, complete paragraphs (c)(2)(ii)(B), (c)(2)(ii)(D) if
applicable, (c)(2)(ii)(E), and (c)(2)(ii)(F) of this section;
(2) If seeking CVC or CPC QS/IFQ, complete paragraphs (c)(2)(ii)(B), (c)(2)(ii)(C),
(c)(2)(ii)(E), and (c)(2)(ii)(F) of this section;
(3) If seeking PQS/IPQ, complete paragraphs (c)(2)(ii)(B) and (c)(2)(ii)(F) of this section;
(B) Applicant information.
(1) Enter applicant's name and NMFS Person ID, applicant's date of birth or, if not an
individual, date of incorporation; applicant's social security number or tax ID number;
applicant's permanent business mailing address and any temporary business mailing
address the applicant wishes to use, and the applicant's business telephone number,
business facsimile number, and e-mail address (if available).
(2) Indicate (YES or NO) whether the applicant is a U.S. citizen or U.S. corporation,
partnership or other business entity. Applicants for CVO, CPO, CVC or CPC QS (and
associated IFQ) must be U.S. Citizens or U.S. Corporations, Partnerships or Other
Business Entity. Applicants for PQS (and associated IPQ) are not required to be U.S.
Citizens.
(C) Eligibility for CVC or CPC QS/IFQ. Indicate (YES or NO) whether this application is intended
for a person who wishes to buy CVC or CPC QS/IFQ. If YES, provide evidence
demonstrating that the applicant meets the criteria set forth in paragraph (c)(1)(vii) of this
section. Acceptable evidence is limited to an ADF&G fish ticket imprinted with the
applicant's State of Alaska permit card and signed by the applicant, an affidavit from the
vessel owner, or a signed receipt for an IFQ crab landing on which the applicant was
acting as the permit holder's crab IFQ hired master.
(D) U.S. Corporations, partnerships, or business entities.
(1) Indicate (YES or NO) whether this application is submitted by a CDQ Group. If YES,
complete paragraph (c)(2)(ii)(F) of this section;
(2) Indicate (YES or NO) whether this application is submitted on behalf of a corporation,
partnership or other business entity (not including CDQ groups). If YES: At least one
member of the corporation, partnership or other business entity must submit
documentation showing at least 20 percent interest in the corporation, partnership,
or other entity and must provide evidence of at least 150 days as part of a harvesting
crew in any U.S. commercial fishery. Identify the individual member and provide this
individual's commercial fishing experience, name, NMFS person ID, and social
security number, and business mailing address, business telephone number, and
business facsimile number.
(E) Commercial fishing experience.
(1) Species; enter any targeted species in a U.S. commercial fishery;
(2) Gear Type; enter any gear type used to legally harvest in a U.S. commercial fishery;
(3) Location; enter actual regulatory, statistical, or geographic harvesting location;
(4) Starting date and ending date of claimed fishing period (MMYY);
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50 CFR 680.41(c)(2)(ii)(E)(5)

(5) Number of actual days spent harvesting;
(6) Duties performed while directly involved in the harvesting of (be specific):
(7) Name and ADF&G vessel registration number or USCG documentation number of the
vessel upon which above duties were performed;
(8) Name of vessel owner;
(9) Name of vessel operator;
(10) Reference name. Enter the name of a person (other than applicant) who is able to
verify the above experience;
(11) Reference's relationship to applicant;
(12) Reference's business mailing address and telephone number.
(F) Applicant certification.
(1) Printed name and signature of applicant and date signed;
(2) [Reserved]
(G) Verification that the applicant applying for eligibility to receive crab QS/IFQ or PQS/IPQ by
transfer has submitted an EDR, if required to do so under § 680.6;
(H) A non-profit entity seeking approval to receive crab QS or IFQ by transfer on behalf of a
ECC must first complete an Application to Become an ECCO under paragraph (j) of this
section.
(d) Transfer of CVO, CPO, CVC, CPC QS or PQS —
(1) General. PQS or QS may be transferred, with approval of the Regional Administrator, to persons
qualified to receive PQS or QS by transfer. However, the Regional Administrator will not approve a
transfer of any type of PQS or QS that would cause a person to exceed the maximum amount of PQS
or QS allowable under the use limits provided for in § 680.42, except as provided for under paragraph
(f) of this section.
(2) CVO QS. CVO QS may be transferred to any person eligible to receive CVO or CPO QS as defined
under paragraph (c) of this section.
(3) CPO QS. Persons holding CPO QS may transfer CPO QS as CVO QS and PQS to eligible recipients
under the following provisions:
(i)

Each unit of CPO QS shall yield 1 unit of CVO QS, and 0.9 units of PQS; and

(ii) The CVO QS and PQS derived from the transfer of CPO QS may be transferred separately,
except that these shares must receive the same regional designation. The regional designation
shall be determined at the time of transfer by the person receiving the CVO QS.
(4) CVC or CPC QS. CVC or CPC QS may be transferred to any person eligible to receive CVC or CPC QS
as defined under paragraph (c) of this section. CVC and CPC QS may only be used in the sector for
which it is originally designated.
(e) Transfer of IFQ or IPQ by Lease —

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50 CFR 680.41(e)(1)

(1) IFQ derived from CVO or CPO QS. IFQ derived from CVO or CPO QS may be transferred by lease until
June 30, 2010. IFQ derived from CVO or CPO QS must be leased:
(i)

If the IFQ will be used on a vessel on which the QS holder has less than a 10 percent ownership
interest; or

(ii) If the IFQ will be used on a vessel on which the QS holder or the holder of a crab IFQ hired
master permit, under § 680.4, is not present.
(2) Ownership of a vessel, for the purposes of this section, means:
(i)

A sole proprietor; or

(ii) A relationship between 2 or more entities in which one directly or indirectly owns a 10 percent
or greater interest in a vessel.
(3) IFQ derived from CVC QS or CPC QS. IFQ derived from CVC or CPC QS may be transferred by lease on
an annual basis.
(4) IPQ derived from PQS. IPQ derived from PQS may be leased.
(f) Transfer of QS, PQS, IFQ or IPQ with restrictions. If QS, PQS, IFQ or IPQ 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, PQS, IFQ
or IPQ by transfer does not meet the eligibility requirements of this section, the Regional Administrator
will approve, with restrictions, an Application for transfer of crab QS/IFQ or PQS/IPQ. The Regional
Administrator will not assign IFQ or IPQ resulting from the restricted QS or PQS to any person. IFQ or IPQ
with restrictions may not be used for harvesting or processing species covered under the CR program.
The QS, PQS, IFQ or IPQ will remain restricted until:
(1) The person who received the QS, PQS, IFQ or IPQ 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, PQS, IFQ or IPQ with restrictions to a person who meets the eligibility requirements of this
section.
(g) Survivorship transfer privileges.
(1) On the death of an individual who holds QS or PQS, the surviving spouse or, in the absence of a
surviving spouse, a beneficiary designated pursuant to paragraph (g)(3) of this section, receives all
QS, PQS and IFQ or IPQ held by the decedent by right of survivorship, unless a contrary intent was
expressed by the decedent in a will. The Regional Administrator will approve an application for
transfer to the surviving spouse or designated beneficiary when sufficient evidence has been
provided to verify the death of the individual.
(2) A QS or PQS holder may provide the Regional Administrator with the name of the designated
beneficiary from the QS or PQS holder's immediate family to receive survivorship transfer privileges
in the event of the QS or PQS holders death and in the absence of a surviving spouse.
(3) The Regional Administrator will approve, for 3 calendar years following the date of the death of an
individual, an Application for transfer of crab QS/IFQ or PQS/IPQ from the surviving spouse or, in the
absence of a surviving spouse, a beneficiary from the QS or PQS holder's immediate family

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designated pursuant to this section, to a person eligible to receive IFQ or IPQ under the provisions of
this section, notwithstanding the limitations on transfers of IFQ and IPQ in this section and the use
limitations under § 680.42.
(h) Applications for transfer —
(1) Application for transfer of crab IFQ. NMFS will process a request for transfer of crab individual fishing
quota (IFQ) provided that a paper application is completed, with all information fields accurately
filled in, and all required additional documentation is attached. The transferor's and the transferee's
designated representatives must sign and date the application certifying that all information is true,
correct, and complete. The transferor's designated representative must submit the paper application
as indicated on the application.
(2) Application for transfer of crab IPQ —
(i)

Completed application. NMFS will process a request for transfer of crab individual processor
quota (IPQ) provided that a paper or electronic request form is completed, with all information
fields accurately filled in, and all required additional documentation is attached.

(ii) Certification of transferor —
(A) 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.
(B) 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.
(iii) Certification of transferee —
(A) Non-electronic submittal. The transferee's designated representative must sign and date
the application certifying that all information is true, correct, and complete.
(B) 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 and submitting the transfer request, the
designated representative certifies that all information is true, correct, and complete.
(3) Application for transfer of crab QS or PQS. NMFS will process a request for transfer of crab quota
share (QS) or crab processor quota share (PQS) provided that a paper request form is completed
and notarized, with all information fields accurately filled in, and all required additional
documentation is attached. The transferor's and the transferee's designated representatives must
sign and date the application certifying that all information is true, correct, and complete.
(i)

Approval criteria for an Application for transfer of crab QS/IFQ or PQS/IPQ. Except as provided in paragraph
(f) of this section, an application for transfer of QS/IFQ or PQS/IPQ will not be approved until the Regional
Administrator has determined that:
(1) The person applying to receive the QS, PQS, IFQ or IPQ meets the requirements of eligibility in
paragraph (c) of this section;

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(2) The person applying for transfer and the person applying to receive QS or IFQ/IPQ have their
signatures on the application;
(3) No fines, civil penalties, or other payments due and owing, or outstanding permit sanctions, resulting
from Federal fishery violations involving either party exist;
(4) The person applying to receive QS, PQS, IFQ or IPQ currently exists;
(5) The transfer would not cause the person applying to receive the QS, PQS, IFQ or IPQ to exceed the
use limits in § 680.42;
(6) The person applying to make or receive the QS, PQS, IFQ or IPQ transfer has paid all IFQ or IPQ fees
described under § 680.44; or has timely appealed the IAD of underpayment as described under §
680.44;
(7) The person applying to make or receive the QS, PQS, IFQ or IPQ transfer has submitted an EDR, if
required to do so under § 680.6;
(8) In the case of an application for transfer of PQS or IPQ for use outside an ECC that has designated
an entity to represent it in exercise of ROFR under paragraph (l) of this section:
(i)

The Regional Administrator will not act upon the application for a period of 10 days. At the end
of that time period, the application will be approved pending meeting the criteria set forth in
paragraph (i) of this section.

(ii) The person applying to transfer PQS subject to ROFR must include an affidavit certifying that
the ECC entity was provided with notice of the proposed transfer at least 90 days prior to the
date of the transfer application and that the ECC entity did not exercise its ROFR during that
period.
(iii) The person applying to receive the PQS must include an affidavit certifying that a ROFR contract
that includes the ROFR contract terms specified in Chapter 11 section 3.4.4.1.2 of the Fishery
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs has been completed
with an ECC entity eligible to hold a ROFR under paragraph (l) of this section and that
represents an ECC within the region for which the PQS is designated.
(9) In the case of an application for transfer of PQS for use within an ECC that has designated an entity
to represent it in exercise of ROFR under paragraph (l) of this section, the Regional Administrator will
not approve the application unless the proposed recipient of the PQS and the ECC entity provide an
affidavit to the Regional Administrator certifying that either the ECC wishes to permanently waive
ROFR for the PQS or that a ROFR contract that includes the ROFR contract terms specified in
Chapter 11 section 3.4.4.1.2 of the Fishery Management Plan for Bering Sea/Aleutian Islands King
and Tanner Crabs has been completed by the proposed recipient of the PQS and the ECC entity.
(10) Other pertinent information requested on the application for transfer has been supplied to the
satisfaction of the Regional Administrator.
(11) The person applying to receive the CVC QS or IFQ or CPC QS or IFQ by transfer has submitted proof
of at least one delivery of a crab species in any CR crab fishery in the 365 days prior to submission to
NMFS of the Application for transfer of crab QS/IFQ or PQS/IPQ, except if eligible under the eligibility
requirements in paragraph (c)(1)(vii)(B) of this section. Proof of this landing is—
(i)

Signature of the applicant on an ADF&G fish ticket; or

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(ii) An affidavit from the vessel owner attesting to that person's participation as a member of a fish
harvesting crew on board a vessel during a landing of a crab QS species within the 365 days
prior to submission of an Application for transfer of crab QS/IFQ or PQS/IPQ.
(j)

Transfer of crab QS/IFQ to or from an ECCO —
(1) Designation of an ECCO.
(i)

The appropriate governing body of each ECC may designate a non-profit organization to serve
as the ECCO for that ECC. To transfer and hold QS on the behalf of that ECC, this designation
must be submitted by the non-profit organization in its Application to Become an ECCO.

(ii) If the non-profit entity is approved by NMFS to serve as the ECCO, then the appropriate
governing body of the ECC must authorize the transfer of any QS from the ECCO.
(iii) The appropriate governing body for purposes of designating a non-profit organization for the
Application to Become an ECCO, or acknowledging the transfer of any QS from an ECCO in
each ECC is as follows:
(A) If the ECC is also a community eligible to participate in the Western Alaska CDQ Program,
then the CDQ group is the appropriate governing body;
(B) If the ECC is not a CDQ community and is incorporated as a municipality and is not within
an incorporated borough, then the municipal government is the appropriate governing
body;
(C) If the ECC is not a CDQ community and is incorporated as a municipality and also within
an incorporated borough, then the municipality and borough jointly serve as the
appropriate governing body and both must agree to designate the same non-profit
organization to serve as the ECCO or acknowledge the transfer of QS from the ECCO; and
(D) If the ECC is not a CDQ community and is not incorporated as a municipality and is in a
borough, then the borough in which the ECC is located is the appropriate governing body.
(iv) The appropriate governing body in each ECC may designate only one non-profit organization to
serve as the ECCO for that community at any one time.
(2) Application to become an ECCO. Prior to initially receiving QS or IFQ by transfer on behalf of a specific
ECC, a non-profit organization that intends to represent that ECC as a ECCO must submit an
application to become an ECCO and have that application approved by the Regional Administrator.
The Regional Administrator shall provide an application to become an ECCO to any person on
request or on the Internet at http://www.fakr.noaa.gov/.
(i)

Contents of application —
(A) Applicant identification.
(1) Enter the name of the non-profit organization, taxpayer ID number, and NMFS Person
ID, applicant's permanent business mailing address and any temporary business
mailing address the applicant wishes to use, and the name of contact person,
business telephone number, business facsimile number, and e-mail address (if
available);
(2) Name of community or communities represented by the non-profit organization; and

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(3) Name of contact person for the governing body of each community represented.
(B) Required attachments to the application.
(1) The articles of incorporation under the laws of the State of Alaska for that non-profit
organization;
(2) A statement indicating the ECC(s) represented by that non-profit organization for
purposes of holding QS;
(3) The bylaws of the non-profit organization;
(4) A list of key personnel of the management organization including, but not limited to,
the board of directors, officers, representatives, and any managers;
(5) Additional contact information of the managing personnel for the non-profit
organization and resumes of management personnel;
(6) A description of how the non-profit organization is qualified to manage QS on behalf
of the ECC it is designated to represent, and a demonstration that the non-profit
organization has the management skills and technical expertise to manage QS and
IFQ; and
(7) A statement describing the procedures that will be used to determine the distribution
of IFQ to residents of the ECC represented by that non-profit organization, including
procedures used to solicit requests from residents to lease IFQ and criteria used to
determine the distribution of IFQ leases among qualified community residents and
the relative weighting of those criteria.
(C) Applicant certification.
(1) Printed name of applicant or authorized agent, signature, and date signed. If
authorized agent, proof of authorization to act on behalf of the applicant must be
provided with the application.
(2) [Reserved]
(ii) [Reserved]
(k) Application for transfer of crab QS/IFQ to or from an ECCO.
(1) An application for transfer of crab QS/IFQ to or from an ECCO must be approved by the Regional
Administrator before the transferee may use the IFQ to harvest crab QS species.
(2) An application for transfer of crab QS/IFQ to or from an ECCO will not be approved until the Regional
Administrator has reviewed and approved the transfer agreement signed by the parties to the
transaction. Persons who submit an application for transfer of crab QS/IFQ to or from an ECCO for
approval will receive notification of the Regional Administrator's decision to approve or disapprove
the application, and if applicable, the reason(s) for disapproval, by mail, unless another
communication mode is requested on the application.
(3) Contents. A complete application for transfer of crab QS/IFQ to or from an ECCO includes the
following:
(i)

General requirements.

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(A) This form may only be used if an ECCO is the proposed transferor or the proposed
transferee of the QS or IFQ.
(B) The party to whom an ECCO is seeking to transfer the QS/IFQ must be eligible to receive
QS/IFQ by transfer.
(C) If the ECCO is applying to permanently transfer QS, a representative of the community on
whose behalf the QS is held must sign the application.
(D) If authorized representative represents either the transferor or transferee, proof of
authorization to act on behalf of transferor or transferee must be attached to the
application.
(ii) Transferor information. Enter the transferor's (person currently holding the QS or IFQ) name,
NMFS Person ID, social security number or Tax ID, permanent business mailing address,
business telephone, business facsimile, and business e-mail address. If transferor is an ECCO,
enter the name of ECC represented by the ECCO. The transferor may also provide a temporary
address for each transaction in addition to the permanent business mailing address.
(iii) Transferee information. Enter the transferee's (person receiving QS or IFQ by transfer) name,
NMFS Person ID, social security number or Tax ID, permanent business mailing address,
business telephone, business facsimile, and business e-mail. If transferee is an ECCO, name of
the community (ECC) represented by the ECCO. The transferee may also provide a temporary
address for each transaction in addition to the permanent business mailing address.
(iv) Identification of QS/IFQ to be transferred. Complete the following information if QS and IFQ are
to be transferred together or if transferring only QS:
(A) QS species;
(B) QS type;
(C) Number of QS or IFQ units to be transferred;
(D) Total QS units;
(E) Number of IFQ pounds;
(F) Range of serial numbers to be transferred (shown on QS certificate) numbered to and
from;
(G) Name of community to which QS are currently assigned; and
(H) Indicate (YES or NO) whether remaining IFQ pounds for the current fishing year should be
transferred; if NO, specify the number of pounds to be transferred.
(v) Transfer of IFQ only.
(A) IFQ permit number and year of permit, and
(B) Actual number of IFQ pounds to be transferred.
(vi) Transferor Information, if an ECCO. Reason(s) for transfer:
(A) ECCO management and administration;
(B) Fund additional QS purchase;
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(C) Participation by community residents;
(D) Dissolution of ECCO; and
(E) Other (specify).
(vii) Price paid for QS, PQS, and/or IFQ, IPQ (Transferor). The transferor must provide the following
information:
(A) Whether (YES or NO) a broker was used for this transaction; If YES, provide dollar amount
paid in brokerage fees or percentage of total price;
(B) Provide the total amount paid for the QS/IFQ in this transaction, including all fees;
(C) Provide the price per unit of QS (price divided by QS units) and the price per pound (price
divided by IFQ) of IFQ; and
(D) Indicate all reasons that apply for transferring the QS/IFQ.
(viii) Price paid for QS, PQS, and/or IFQ, IPQ (Transferee). The transferee must provide the following
information:
(A) Indicate (YES or NO) whether QS/IFQ purchase will have a lien attached; if YES, provide the
name of lien holder;
(B) Indicate one primary source of financing for this transfer;
(C) Indicate the sources used to locate the QS or IFQ being transferred;
(D) Indicate the relationship, if any, between the transferor and the transferee;
(E) Indicate (YES or NO) whether an agreement exists to return the QS or IFQ to the transferor
or any other person, or with a condition placed on resale; If YES, explain; and
(F) Attach a copy of the terms of agreement for the transfer, the bill of sale for QS, or lease
agreement for IFQ.
(ix) Certification information —
(A) Certification of transferor.
(1) Printed name and signature of transferor or authorized agent and date signed. If
authorized agent, proof of authorization to act on behalf of the transferor must be
provided with the application.
(2) [Reserved]
(B) Certification of transferee.
(1) Printed name and signature of transferee or authorized agent and date signed. If
authorized agent, proof of authorization to act on behalf of the transferee must be
provided with the application.
(2) [Reserved]
(C) Certification of authorized representative of community.
(1) Printed name, title and signature of authorized community representative, date
signed, and printed name of community.
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(2) [Reserved]
(4) Attachments to the application and other conditions to be met.
(i)

Indicate whether the person applying to make or receive the QS, PQS, IFQ or IPQ transfer has
submitted an EDR, if required to do so under § 680.6, and paid all fees, as required by § 680.44.

(ii) A copy of the terms of agreement for the transfer, the bill of sale for QS or PQS, or lease
agreement for IFQ or IPQ.
(iii) An affirmation that the individual receiving IFQ from an ECCO has been a permanent resident in
the ECC for a period of 12 months prior to the submission of the Application for Transfer QS/
IFQ to or from an ECCO on whose behalf the ECCO holds QS.
(5) Approval criteria for an application for transfer of crab QS/IFQ to or from an ECCO. In addition to the
criteria required for approval under paragraph (i) of this section, the following criteria are also
required:
(i)

The ECCO applying to receive or transfer crab QS has submitted a complete annual report(s)
required by § 680.5;

(ii) The ECCO applying to transfer crab QS has provided information on the reasons for the transfer
as described in paragraph (e) of this section; and
(iii) An individual applying to receive IFQ from an ECCO is a permanent resident of the ECC in whose
name the ECCO is holding QS.
(l)

Eligible crab community right of first refusal (ROFR) —
(1) Applicability —
(i)

Exempt Fisheries. PQS and IPQ issued for the EBT, WBT, WAG, or WAI crab QS fisheries are
exempt from ROFR provisions.

(ii) Eligible Crab Communities (ECCs). The ROFR extends to the ECCs, other than Adak, and their
associated governing bodies. The ROFR may be exercised by the ECC entity representing that
ECC.
(2) Community representation —
(i)

CDQ Communities. ECC entity for purposes of exercise of ROFR for any ECC that is also a CDQ
community shall be the CDQ group to which the ECC is a member.

(ii) Non-CDQ communities.
(A) Any ECC, other than Adak, that is a non-CDQ community may designate an ECC entity that
will represent the community in the exercise of ROFR at least 30 days prior to the ending
date for the initial application period for the crab QS program specified in the FEDERAL
REGISTER.
(B) The ECC entity eligible to exercise the right of first refusal on behalf of an ECC will be
identified by the governing body(s) of the ECC. If the ECC is incorporated under the laws of
the State of Alaska, and not within an incorporated borough, then the municipality is the
governing body; if the ECC is incorporated and within an incorporated borough, then the

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municipality and borough are the governing bodies and must agree to designate the same
ECC entity; if the ECC is not incorporated and in an incorporated borough, then the
borough is the governing body.
(C) Each ECC may designate only one ECC entity to represent that community in the exercise
of ROFR at any one time through a statement of support from the governing body of the
ECC. That statement of support identifying the ECC entity must be submitted to the
Regional Administrator, NMFS, Post Office Box 21668, Juneau, Alaska 99802, at least 30
days prior to the ending date of the initial application period for the crab QS program
under § 680.40.
(D) The ECC ROFR is not assignable by the ECC entity.
(3) Restrictions on transfer of PQS or IPQ out of North Gulf of Alaska communities —
(i)

Applicability. Any community in the Gulf of Alaska north of a line at 56°20′ N. lat.

(ii) Notification of PQS or IPQ transfer. A PQS holder submitting an application to transfer PQS or
IPQ for use in processing outside any community identified under paragraph (l)(3)(i) must
notify the ECC entity designated by the City of Kodiak and Kodiak Island Borough under
paragraph (l)(2) of this section 10 days prior to the intended transfer of PQS or IPQ for use
outside the community. At the end of that time period, the application will be approved pending
meeting the criteria set forth in paragraph (i) of this section.
[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 32864, June 7, 2006; 73 FR 29983, May 23, 2008; 74 FR 51520, Oct. 7, 2009; 80
FR 15898, Mar. 26, 2015; 81 FR 1561, Jan. 13, 2016; 81 FR 24518, Apr. 26, 2016; 86 FR 70754, Dec. 13, 2021; 89 FR 47877, June 4,
2024]

§ 680.42 Limitations on use of QS, PQS, IFQ, and IPQ.
(a) QS and IFQ use caps —
(1) General. Separate and distinct QS and IFQ use caps apply to all QS and IFQ categories pertaining to a
given crab QS fishery with the following provisions:
(i)

A person who receives an initial allocation of QS that exceeds the use cap listed in paragraph
(a)(2) of this section may not receive QS by transfer unless and until that person's holdings are
reduced to an amount below the use cap.

(ii) A person will not be issued QS in excess of the use cap established in this section based on QS
derived from landings attributed to an LLP license obtained via transfer after June 10, 2002
unless;
(A) The person applies to receive QS based on an LLP transferred after June 10, 2002 but
prior to November 24, 2004, and
(B) The person will receive the amount of QS associated with that transferred LLP in excess of
the use cap established in this section for a crab QS fishery solely because of the
adjustment to legal landings available for QS allocation resulting from the BSAI Crab
Capacity Reduction Program.
(iii) QS and IFQ use caps shall be based on the initial QS pools used to determine initial allocations
of QS.
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(2) Except for non-individual persons who hold PQS, as provided for in paragraph (a)(1)(ii) of this
section, or a CDQ group, as provided for in paragraph (a)(3) of this section, a person, individually or
collectively, may not:
(i)

Hold QS in amounts in excess of the amounts specified in the following table, unless that
person's QS was received in the initial allocation:

CVO/CPO Use Cap in QS
Units

Fishery

CVC/CPC Use Cap in QS
Units

(A) Percent of the initial QS pool for
BBR

1.0% = 3,880,000

2.0% = 240,000

(B) Percent of the initial QS pool for
BSS

1.0% = 9,700,000

2.0% = 600,000

(C) Percent of the initial QS pool for
EBT

1.0% = 1,940,000

2.0% = 120,000

(D) Percent of the initial QS pool for
WBT

1.0% = 1,940,000

2.0% = 120,000

(E) Percent of the initial QS pool for
PIK

2.0% = 582,000

4.0% = 36,000

(F) Percent of the initial QS pool for
SMB

2.0% = 582,000

4.0% = 36,000

(G) Percent of the initial QS pool for
EAG

10.0% = 970,000

20.0% = 60,000

(H) Percent of the initial QS pool for
WAG

10.0% = 3,880,000

20.0% = 240,000

(I) Percent of the initial QS pool for
WAI

10.0% = 5,820,000

20.0% = 360,000

(ii) Use IFQ in excess of the amount of IFQ that results from the QS caps in paragraph (a)(2)(i) of
this section, unless that IFQ results from QS that was received by that person in the initial
allocation of QS for that crab QS fishery.
(3) A CDQ Group, individually or collectively, may not:
(i)

Hold QS in excess of the amounts of QS specified in the following table:

Fishery

CDQ CVO/CPO Use Cap in QS Units

(A) 5.0 percent of the initial QS pool for BBR

19,400,000

(B) 5.0 percent of the initial QS pool for BSS

48,500,000

(C) 5.0 percent of the initial QS pool for EBT

9,700,000

(D) 5.0 percent of the initial QS pool for WBT

9,700,000

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Fishery

50 CFR 680.42(a)(3)(ii)

CDQ CVO/CPO Use Cap in QS Units

(E) 10.0 percent of the initial QS pool for PIK

2,910,000

(F) 10.0 percent of the initial QS pool for SMB

2,910,000

(G) 20.0 percent of the initial QS pool for EAG

1,940,000

(H) 20.0 percent of the initial QS pool for WAG

7,760,000

(I) 20.0 percent of the initial QS pool for WAI

11,640,000

(ii) Use IFQ in excess of the amount of IFQ that results from the QS caps in paragraph (a)(3)(i) of
this section, unless that IFQ results from QS that was received by that person in the initial
allocation of QS for that crab QS fishery.
(4) A person who is not an individual and who holds PQS may not:
(i)

Hold QS in excess of the amounts specified in the following table:

Fishery

CVO/CPO Use Cap in QS Units

(A) 5.0 percent of the initial QS pool for BBR

19,400,000

(B) 5.0 percent of the initial QS pool for BSS

48,500,000

(C) 5.0 percent of the initial QS pool for EBT

9,700,000

(D) 5.0 percent of the initial QS pool for WBT

9,700,000

(E) 5.0 percent of the initial QS pool for PIK

1,455,000

(F) 5.0 percent of the initial QS pool for SMB

1,455,000

(G) 5.0 percent of the initial QS pool for EAG

485,000

(H) 5.0 percent of the initial QS pool for WAG

1,940,000

(I) 5.0 percent of the initial QS pool for WAI

2,910,000

(ii) Use IFQ in excess of the amount of IFQ that results from the QS caps in paragraph (a)(4)(i) of
this section, unless that IFQ results from QS that was received by that person in the initial
allocation of QS for that crab QS fishery.
(iii) A non-individual person that holds PQS, and all affiliates of that person, is limited to a QS and
IFQ use cap that is calculated based on the sum of all QS or IFQ held by that PQS holder and all
QS or IFQ held by any affiliate of the PQS holder.
(5) IFQ that is used by a crab harvesting cooperative is not subject to the use caps in this paragraph (a)
except as provided for in paragraph (a)(7) of this section.

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50 CFR 680.42(a)(6)

(6) Non-individual persons holding QS will be required to provide, on an annual basis, a list of persons
with an ownership interest in the non-individual QS holder. This list of owners shall be provided to the
individual level and will include the percentage of ownership held by each individual. This annual
submission of information must be submitted as part of the complete annual application for crab
IFQ/IPQ permit.
(7) In a calendar year, an entity as described in § 680.40(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv), may not use
more than 1,000,000 lb (453.6 mt) of IFQ derived from converted CPO QS in the BBR or BSS crab QS
fisheries.
(b) PQS and IPQ Use Caps.
(1) A person may not:
(i)

Hold PQS in excess of 30 percent of the initial PQS pool in any crab QS fishery unless that
person received an initial allocation of PQS in excess of this limit. A person will not be issued
PQS in excess of the use caps established in this section based on PQS derived from the
transfer of legal processing history after June 10, 2002.

(ii) Use IPQ in excess of the amount of IPQ that results from the PQS caps in paragraph (b)(1)(i) of
this section, unless that IPQ is:
(A) Derived from PQS that was received by that person in the initial allocation of PQS for that
crab QS fishery; or
(B) Subject to an exemption for that IPQ pursuant to § 680.4(p); or
(C) Used for custom processing at a facility that is:
(1) Any shoreside crab processor located within the boundaries of a home rule, first
class, or second class city in the State of Alaska in existence on June 29, 2009; or
(2) Any stationary floating crab processor that is:
(i)

Located within the boundaries of a home rule, first class, or second class city in
the State of Alaska in existence on June 29, 2009;

(ii) Moored at a dock, docking facility, or at a permanent mooring buoy, unless that
stationary floating crab processor is located within the boundaries of the city of
Atka in which case that stationary floating crab processor is not required to be
moored at a dock, docking facility, or at a permanent mooring buoy; and
(iii) Located within a harbor, unless that stationary floating crab processor is located
within the boundaries of the city of Atka on June 29, 2009, in which case that
stationary floating crab processor is not required to be located within a harbor.
(2) A person may not use IPQ in excess of 60 percent of the IPQ issued in the BSS crab QS fishery with a
North region designation during a crab fishing year. Except that a person who:
(i)

Holds IPQ; and

(ii) Has a 10 percent or greater direct or indirect ownership interest in the shoreside crab processor
or stationary floating crab processor where that IPQ crab is processed will not be considered to
use any IPQ in the BSS crab QS fishery with a North region designation if that IPQ is custom
processed at a facility consistent with paragraph (b)(1)(ii)(C) of this section.
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50 CFR 680.42(b)(3)

(3) A non-individual entity holding PQS will be required to provide, on an annual basis, a list of persons
with an ownership interest in the non-individual entity. This ownership list shall be provided to the
individual level, will include the percentage of ownership held by each owner, and must be submitted
annually with the complete application for a crab IFQ/IPQ permit.
(4) A person will be considered to be a holder of PQS for purposes of applying the PQS use caps in this
paragraph if that person:
(i)

Is the sole proprietor of an entity that holds PQS; or

(ii) Is not a CDQ group and directly or indirectly owns a 10 percent or greater interest in an entity
that holds PQS.
(5) A person that is not a CDQ group and holds PQS is limited to a PQS use cap that is calculated based
on the sum of all PQS held by that PQS holder and all PQS held by any affiliate of the PQS holder. A
person that is not a CDQ group and holds IPQ is limited to an IPQ use cap that is calculated based
on the sum of all IPQ held by that IPQ holder and all IPQ held by any affiliate of the IPQ holder.
(6) A CDQ group that holds PQS is limited to a PQS use cap that is calculated based on the sum of all
PQS held, individually or collectively, by that CDQ group. A CDQ group that holds IPQ is limited to an
IPQ use cap that is calculated based on the sum of all IPQ held, individually or collectively, by that
CDQ group.
(7) Before July 1, 2007, IPQ for the BSS, BBR, PIK, SMB, and EAG crab QS fisheries may not be used to
process crab derived from PQS based on activities in an ECC, except in the geographic boundaries
established in paragraph (b)(7)(iv) of this section, except that, before July 1, 2007:
(i)

Ten percent of the IPQs that are issued for a crab QS fishery or an amount of IPQ that yields up
to 500,000 raw crab pounds (226.7 mt) on an annual basis, whichever is less, may be leased for
use in processing crab outside that ECC. The amount of IPQ that is issued on an annual basis
for use in that ECC and the amount that may be leased outside that ECC will be established
annually and will be divided on a pro rata basis among all PQS permit holders issued IPQ for
use in that ECC for that year.

(ii) IPQ in excess of the amounts specified in paragraph (c)(7)(i) of this section may be used
outside the ECC for which that IPQ is designated if an unavoidable circumstance prevents crab
processing within that ECC. For purposes of this section, an unavoidable circumstance exists if
the specific intent to conduct processing for a crab QS species in that ECC was thwarted by a
circumstance that was:
(A) Unavoidable;
(B) Unique to the IPQ permit holder, or to the processing facility used by the IPQ permit holder
in that ECC;
(C) Unforeseen and reasonably unforeseeable to the IPQ permit holder;
(D) The circumstance that prevented the IPQ permit holder from processing crab in that ECC
actually occurred; and
(E) The IPQ permit holder took all reasonable steps to overcome the circumstance that
prevented the IPQ permit holder from conducting processing for that crab QS fishery in
that ECC.
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50 CFR 680.42(b)(7)(iii)

(iii) This provision does not exempt any IPQ permit holder from any regional designation that may
apply to that IPQ.
(iv) Geographic boundaries for use of IPQ outside ECCs for purposes of this paragraph (b)(7):
(A) Akutan, False Pass, King Cove, or Port Moller: IPQ may not be used outside of the
boundaries of the Aleutians East Borough as those boundaries are established by the
State of Alaska;
(B) Kodiak: IPQ may not be used outside of the boundaries of the Kodiak Island Borough as
those boundaries are established by the State of Alaska;
(C) Adak: IPQ may not be used outside of the boundaries of the City of Adak as those
boundaries are established by the State of Alaska;
(D) Unalaska/Dutch Harbor: IPQ may not be used outside of the boundaries of the City of
Unalaska as those boundaries are established by the State of Alaska.
(E) St. George: IPQ may not be used outside of the boundaries of the City of St. George as
those boundaries are established by the State of Alaska.
(F) St. Paul: IPQ may not be used outside of the boundaries of the City of St. Paul as those
boundaries are established by the State of Alaska.
(8) Any person harvesting crab under a Class A CVO or Class A CVC IFQ Permit, except as provided
under paragraph (b)(7) of this section, must deliver that crab:
(i)

Only to RCRs with unused IPQ for the same crab QS fishery; and

(ii) Only to an RCR in the region for which the QS and IFQ is designated.
(9) Any person harvesting crab under a Class B IFQ, CPO IFQ, CVC IFQ, or CPC IFQ permit may deliver
that crab to any RCR.
(c) Vessel limitations.
(1) Except for vessels that participate solely in a crab harvesting cooperative as described under §
680.21 and under the provisions described in paragraph (c)(4) of this section, no vessel may be used
to harvest CVO or CPO IFQ in excess of the following percentages of the TAC for that crab QS fishery
for that crab fishing year:
(i)

2.0 percent for BSS;

(ii) 2.0 percent for BBR;
(iii) 2.0 percent for EBT;
(iv) 2.0 percent for WBT;
(v) 4.0 percent for PIK;
(vi) 4.0 percent for SMB;
(vii) 20.0 percent for EAG;
(viii) 20.0 percent for WAG; or
(ix) 20.0 percent for the WAI crab QS fishery west of 179° W. long.
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50 CFR 680.42(c)(2)

(2) CVC or CPC IFQ used on a vessel will not be included in determining whether a vessel use cap is
met.
(3) A single person who receives an initial allocation of QS that results in IFQ that is in excess of the
vessel use caps, in paragraph (c)(1) of this section, that person may catch and retain crab harvested
with the resulting IFQ with a single vessel. However, this provision does not apply to IFQ resulting
from QS derived from transfer of an LLP crab license that occurred after June 10, 2002. Two or more
persons may not catch and retain their IFQ with one vessel in excess of these limitations.
(4) A vessel use cap would not apply to a vessel if all of the CVO or CPO IFQ used on that vessel in a
crab fishing year is held by a crab harvesting cooperative. This exemption is forfeited if that vessel is
used to harvest any amount of CVO or CPO IFQ not held by a crab harvesting cooperative during the
same crab fishing year.
(5) A person holding a CVC or CPC IFQ permit is required to be aboard the vessel upon which their IFQ is
being harvested.
(6) A person holding CVO or CPO QS does not have to be aboard the vessel being used to harvest their
IFQ if they hold at least a 10 percent ownership interest in the vessel upon which the IFQ is to be
harvested and are represented on board the vessel by a crab IFQ hired master employed by that QS
holder as authorized under § 680.4.
(7) Ownership of a vessel means, for purposes of this section:
(i)

A sole proprietor; or

(ii) A person that directly or indirectly owns a 10 percent or greater interest in an entity that owns a
vessel.
[70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, 75422, Dec. 20, 2005; 71 FR 32865, June 7,
2006; 73 FR 29983, May 23, 2008; 73 FR 35088, June 20, 2008; 74 FR 25457, May 28, 2009; 78 FR 28531, May 15, 2013; 81 FR
4212, Jan. 26, 2016; 81 FR 92702, Dec. 20, 2016; 82 FR 52014, Nov. 9, 2017; 89 FR 47877, June 4, 2024; 89 FR 53532, June 27,
2024]

§ 680.43 Revocation of CVC and CPC QS.
(a) Beginning July 1, 2028, the Regional Administrator will revoke all CVC QS and CPC QS held by an
individual who has not met the participation requirements set forth in § 680.40(m). The Regional
Administrator will revoke an individual's CVC QS or CPC QS in accordance with the procedures set forth in
this section.
(b) Notice of C Share QS Inactivity. The Regional Administrator will issue a Notice of C Share QS Inactivity to
an individual holding CVC or CPC QS if, after reviewing the CVC or CPC QS holder's Applications for
Annual Crab IFQ Permit, the Regional Administrator determines that the CVC or CPC QS holder has failed
to meet the participation requirements in § 680.40(m). A CVC or CPC QS holder who receives such a
Notice will have 60 days to provide the Regional Administrator with information demonstrating
participation as crew that meets the requirements of § 680.40(m).
(c) Initial administrative determination (IAD). The Regional Administrator will prepare and send an IAD to the
CVC or CPC QS holder following the expiration of the 60-day evidentiary period if the Regional
Administrator determines that the information or evidence provided by the CVC or CPC QS holder fails to
demonstrate participation as crew and is insufficient to rebut the information included in the CVC or CPC
QS holder's Applications for Annual Crab IFQ Permit, or if the additional information or evidence is not
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50 CFR 680.44

provided within the time period specified in the Notice of C Share QS Inactivity. The IAD will explain the
basis for the revocation determination. A CVC or CPC QS holder who receives an IAD for revocation may
appeal under the appeals procedures set forth at 15 CFR part 906. A CVC or CPC QS holder who avails
himself or herself of the opportunity to appeal an IAD for revocation will not receive crab IFQ or IPQ until
after the final resolution of that appeal in the QS holder's favor.
[80 FR 15899, Mar. 26, 2015, as amended at 87 FR 42394, July 15, 2022; 89 FR 47878, June 4, 2024]

§ 680.44 Cost recovery.
(a) Cost recovery fees —
(1) Responsibility. The person documented on the IFQ, IPQ, CDQ, RCR, Commercial Fisheries Entry
Commission (CFEC), or State of Alaska Commissioner's permit as the permit holder at the time of a
CR crab landing must comply with the requirements of this section.
(i)

Subsequent transfer of IFQ, IPQ, CDQ, or QS does not affect the permit holder's liability for
noncompliance with this section.

(ii) Non-renewal of an RCR permit does not affect the permit holder's liability for noncompliance
with this section.
(2) Fee liability determination.
(i)

All CR allocation holders and RCR permit holders will be subject to a fee liability for any CR crab
debited from a CR allocation during a crab fishing year, except for crab designated as personal
use or deadloss, or crab confiscated by NMFS or the State of Alaska.

(ii) Fee liability must be calculated by multiplying the applicable fee percentage by the ex-vessel
value of the CR crab received by the RCR at the time of receipt, except as provided by paragraph
(b)(3) of this section.
(iii) NMFS will provide a summary to all RCR permit holders during the last quarter of the crab
fishing year. The summary will explain the fee liability determination including the current fee
percentage, details of raw crab pounds debited from CR allocations by permit, port or portgroup, species, date, and prices.
(3) Fee collection.
(i)

All RCRs who receive CR crab are responsible for submitting the cost recovery payment for all
CR crab received.

(ii) All RCRs who receive CR crab in a crab fishing year must maintain and submit records for any
crab cost recovery fees collected under the corresponding RCR permit.
(4) Payment —
(i)

Payment due date. An RCR permit holder must submit any crab cost recovery fee liability
payment(s) to NMFS at the address provided in paragraph (a)(4)(iii) of this section no later than
July 31 of the crab fishing year following the crab fishing year in which the payment for a CR
crab landing was made.

(ii) Payment recipient. Make payment payable to NMFS.

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50 CFR 680.44(a)(4)(iii)

(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 RCR permit holder.
(iv) Payment method —
(A) Prior to June 1, 2020, 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 June 1, 2020, 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) Ex-vessel value determination and use —
(1) General. An RCR permit holder must use either the ex-vessel value determined for shoreside
processors or the ex-vessel value determined for at-sea Catcher/Processors (CP), depending on
their activity. Ex-vessel value includes all cash, services, or other goods-in-kind exchanged for CR
crab.
(2) Shoreside ex-vessel value. Shoreside processing facilities must use the price paid at the time of
purchase as ex-vessel value for the purposes of calculating fee liability. Shoreside processing
facilities must include any subsequent retroactive payments as adjustments to the initial calculation
of fee liability.
(3) Catcher/processor ex-vessel value —
(i)

General. Catcher/processors must use the corresponding CP standard price(s) for the purposes
of calculating fee liability.

(ii) CP standard prices. As part of the summary described in paragraph (a)(2)(iii) of this section, the
Regional Administrator will provide CP standard prices calculated for the current year during
the last quarter of each crab fishing year. The CP standard prices will be described in U.S.
dollars per raw crab pound, for CR crab debited from CR allocations during the current crab
fishing year.
(iii) Effective period. CP standard prices established by NMFS shall apply to all landings made in the
same crab fishing year as the CP standard price provided for that year and shall replace any CP
standard prices previously provided by NMFS.
(iv) Determination. NMFS will calculate the CP standard prices to reflect, as closely as possible, the
current crab fishing year's average shoreside processor price by fishery and by species, and any
variations in reported shoreside ex-vessel values of CR crab. The Regional Administrator will
base CP standard prices on the following types of information:
(A) Landed pounds by CR crab, port-group, and month;
(B) Total shoreside ex-vessel value by CR crab, port-group, and month; and
(C) Price adjustments, including retroactive payments.
(4) Fee liability calculation. All RCRs must base all fee liability calculations on the ex-vessel value that
correlates to CR crab that is debited from a CR allocation and recorded in raw crab pounds.
(c) Crab fee percentage —
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50 CFR 680.44(c)(1)

(1) Established percentage. The crab 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 percent pursuant to 16 U.S.C. 1854(d)(2)(B).
(i)

The calculated crab fee percentage will be divided equally between the harvesting and
processing sectors.

(ii) Catcher/Processors must pay the full crab fee percentage determined by the fee percentage
calculation for all CR crab debited from a CR allocation.
(2) Calculating fee percentage value. Each year NMFS shall calculate and publish the fee percentage
according to the following factors and methodology:
(i)

Factors. NMFS must use the following factors to determine the fee percentage:
(A) The catch to which the crab cost recovery fee will apply;
(B) The ex-vessel value of that catch; and
(C) The costs directly related to the management and enforcement of the Crab Rationalization
Program.

(ii) Methodology. NMFS must use the following equations to determine the fee percentage:
Harvesting and Processing Sectors: [100 (DPC/ V)] 0.5
Catcher/Processors: 100 (DPC /V)
where:
“DPC” is the direct program costs for the Crab Rationalization Program for the previous fiscal year,
and
“V” is the ex-vessel value of the catch subject to the crab cost recovery fee liability for the current
year.
(3) Publication —
(i)

General. During the first quarter of each crab fishing year, NMFS shall calculate the crab fee
percentage based on the calculations described in paragraph (c)(2) of this section.

(ii) Effective period. The calculated IFQ fee percentage remains in effect through the end of the
crab fishing year in which it was determined.
(4) Applicable percentage. The RCR permit holder must use the crab fee percentage in effect at the time
a CR crab is debited from a CR allocation to calculate the crab cost recovery fee liability for such CR
crab. The RCR permit holder must use the crab fee percentage in effect at the time a CR crab is
debited from a CR allocation to calculate the crab cost recovery fee liability for any retroactive
payments for that CR crab.
(d) Underpayment of fee liability.

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50 CFR 680.44(d)(1)

(1) Under § 680.4, an applicant will not receive new IFQ, IPQ, or RCR permits until he or she submits a
complete application. A complete application shall include full payment of an applicant's complete
crab cost recovery fee liability as reported by the RCR.
(2) If an RCR fails to submit full payment for crab cost recovery fee liability by the date described in
paragraph (a)(4) of this section, the Regional Administrator may:
(i)

At any time thereafter send an IAD to the RCR permit holder stating that the RCR permit holder's
estimated fee liability, as indicated by his or her own submitted information, is the crab cost
recovery fee liability due from the RCR permit holder.

(ii) Disapprove any transfer of IFQ, IPQ, QS, or PQS to or from the RCR permit holder in accordance
with § 680.41.
(3) If an RCR fails to submit full payment by the application deadline described at § 680.4, no IFQ or IPQ
permit will be issued to that RCR for that crab fishing year.
(4) Upon final agency action determining that an RCR permit holder has not paid his or her crab cost
recovery fee liability, the Regional Administrator may continue to withhold issuance of any new IFQ,
IPQ, or RCR permit for any subsequent crab fishing years. If payment is not received by the 30th day
after the final agency action, the matter will be referred to the appropriate authorities for purposes of
collection.
(e) Over payment. Upon issuance of final agency action, any amount submitted to NMFS in excess of the crab
cost recovery fee liability determined to be due by the final agency action will be returned to the RCR
permit holder unless the permit holder requests the agency to credit the excess amount against the
permit holder's future crab cost recovery fee liability.
(f) Appeals and requests for reconsideration. An RCR permit holder who receives an IAD may either appeal the
IAD pursuant to 50 CFR 679.43 or request reconsideration. Within 60 days from the date of issuance of
the IAD, the Regional Administrator may undertake reconsideration of the IAD on his or her own initiative.
If a request for reconsideration is submitted or the Regional Administrator initiates reconsideration, the
60-day period for appeal under 50 CFR 679.43 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 RCR permit holder fails to file an appeal of the IAD pursuant to 50 CFR 679.43 or
request reconsideration within the time period provided, the IAD will become the final agency action. In
any appeal or reconsideration of an IAD made under this section, an RCR permit holder has the burden of
proving his or her claim.
(g) Fee submission form. An RCR must submit an RCR permit holder fee submission form according to §
680.5(g).
[70 FR 10241, Mar. 2, 2005, as amended at 71 FR 44232, Aug. 4, 2006; 73 FR 76190, Dec. 15, 2008; 74 FR 51520, Oct. 7, 2009; 81
FR 23649, Apr. 22, 2016]

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Table 1 to Part 680—Crab Rationalization (CR) Fisheries

Fishery
Code

CR Fishery

Geographic Area

BBR

Bristol Bay
red king crab
(Paralithodes
camtshaticus)

In waters of the EEZ with:
(1) A northern boundary of 58°30′ N. lat.,
(2) A southern boundary of 54°36′ N. lat., and
(3) A western boundary of 168° W. long. and including all waters of Bristol
Bay.

BSS

Bering Sea
Snow crab
(Chionoecetes
opilio)

In waters of the EEZ with:
(1) A northern and western boundary of the Maritime Boundary Agreement
Line as that line is described in the text of and depicted in the annex to
the Maritime Boundary Agreement between the United States and the
Union of Soviet Socialist Republics signed in Washington, June 1, 1990,
and as the Maritime Boundary Agreement Line as depicted on NOAA
Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514
(6th edition, February 16, 1991), and
(2) A southern boundary of 54°30′ N. lat. to 171° W. long., and then south
to 54°36′ N. lat.

EAG

Eastern
Aleutian
Islands
golden king
crab
(Lithodes
aequispinus)

In waters of the EEZ with:
(1) An eastern boundary the longitude of Scotch Cap Light (164°44′ W.
long.) to 53°30′ N. lat., then West to 165° W. long.,
(2) A western boundary of 174° W. long., and
(3) 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
174° W. long.

EBT

Eastern
Bering Sea
Tanner crab
(Chionoecetes
bairdi)

In waters of the EEZ with:
(1) A western boundary the longitude of 166° W. long.,
(2) A northern boundary of the Maritime Boundary Agreement Line as that
line is described in the text of and depicted in the annex to the Maritime
Boundary Agreement between the United States and the Union of Soviet
Socialist Republics signed in Washington, June 1, 1990, and as the
Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513
(6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition,
February 16, 1991), and
(3) A southern boundary of 54°30'N. lat.

PIK

Pribilof red
king and blue
king crab
(Paralithodes
camtshaticus
and P.
platypus)

In waters of the EEZ with:
(1) A northern boundary of 58°30′ N. lat.,
(2) An eastern boundary of 168° W. long., and
(3) 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 Maritime Boundary Agreement Line as
that line is described in the text of and depicted in the annex to the
Maritime Boundary Agreement between the United States and the Union
of Soviet Socialist Republics signed in Washington, June 1, 1990, and as

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Fishery
Code

CR Fishery

50 CFR 680.44(g)

Geographic Area
the Maritime Boundary Agreement Line as depicted on NOAA Chart No.
513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition,
February 16, 1991).

SMB

St. Matthew
blue king crab
(Paralithodes
platypus)

In waters of the EEZ with:
(1) A northern boundary of 62° N. lat.,
(2) A southern boundary of 58°30′ N. lat., and
(3) A western boundary of the Maritime Boundary Agreement Line as that
line is described in the text of and depicted in the annex to the Maritime
Boundary Agreement between the United States and the Union of Soviet
Socialist Republics signed in Washington, June 1, 1990, and as the
Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513
(6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition,
February 16, 1991).

WAG

Western
Aleutian
Islands
golden king
crab
(Lithodes
aequispinus)

In waters of the EEZ with:
(1) An eastern boundary the longitude 174° W. long.,
(2) A western boundary the Maritime Boundary Agreement Line as that
line is described in the text of and depicted in the annex to the Maritime
Boundary Agreement between the United States and the Union of Soviet
Socialist Republics signed in Washington, June 1, 1990, and as the
Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513
(6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition,
February 16, 1991), and
(3) A northern boundary of a line from the latitude of 55°30′ N. lat., then
west to the U.S.-Russian Convention line of 1867.

WAI

Western
Aleutian
Islands red
king crab
(Paralithodes
camtshaticus)

In waters of the EEZ with:
(1) An eastern boundary the longitude 179° W. long.,
(2) A western boundary of the Maritime Boundary Agreement Line as that
line is described in the text of and depicted in the annex to the Maritime
Boundary Agreement between the United States and the Union of Soviet
Socialist Republics signed in Washington, June 1, 1990, and as the
Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513
(6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition,
February 16, 1991), and
(3) A northern boundary of a line from the latitude of 55°30′ N. lat., then
west to the Maritime Boundary Agreement Line as that line is described in
the text of and depicted in the annex to the Maritime Boundary Agreement
between the United States and the Union of Soviet Socialist Republics
signed in Washington, June 1, 1990, and as the Maritime Boundary
Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February
23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991).

WBT

Western
Bering Sea
Tanner crab

In waters of the EEZ with:
(1) An eastern boundary the longitude of 166° W. long.,
(2) A northern and western boundary of the Maritime Boundary Agreement

50 CFR 680.44(g) (enhanced display)

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

Fishery
Code

CR Fishery

50 CFR 680.44(g)

Geographic Area

(Chionoecetes Line as that line is described in the text of and depicted in the annex to
bairdi)
the Maritime Boundary Agreement between the United States and the
Union of Soviet Socialist Republics signed in Washington, June 1, 1990,
and as the Maritime Boundary Agreement Line as depicted on NOAA
Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514
(6th edition, February 16, 1991), and
(3) A southern boundary of 54°30′ N. lat. to 171° W. long., and then south
to 54°36′ N. lat.

[71 FR 32866, June 7, 2006]

Table 3a to Part 680—Crab Delivery Condition Codes

[THE CONDITION OF THE FISH OR SHELLFISH AT THE POINT IT IS WEIGHED AND
RECORDED ON THE ADF&G FISH TICKET]
Code

Description

01

Whole crab, live.

79

Deadloss.

Table 3b to Part 680—Crab Disposition or Product Codes

Code

Description

80

Sections.

95

Personal use—not sold.

97

Other retained product (specify condition).

50 CFR 680.44(g) (enhanced display)

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 680.44(g)

Table 7 to Part 680—Initial Issuance of Crab QS by Crab QS Fishery

COLUMN B:
Qualifying
Years for
QS

COLUMN C:
Eligibility Years
for CVC and CPC
QS

COLUMN E:
COLUMN D:
Subset of
Recent Participation Seasons for CVC
Qualifying
and CPC QS
Years

For each crab
QS fishery
the Regional
Administrator
shall
calculate
(see §
680.40(c)(2):

QS for any
qualified
person
based on
that
person's
total legal
landings
of crab in
each of
the crab
QS
fisheries
for any:

In addition, each
person receiving
CVC and CPC QS
must have made
at least one
landing per year,
as recorded on a
State of Alaska
fish ticket, in any
three years
during the base
period described
below:

In addition, each person receiving CVC
or CPC QS, must have made at least
one landing, as recorded on a State of
Alaska fish ticket, in at least 2 of the
last 3 fishing seasons in each of the
crab QS fisheries as those seasons
are described below:

1. Bristol Bay
red king crab
(BBR)

4 years of
the 5-year
QS base
period
beginning
on:
(1)
November
1-5, 1996;
(2)
November
1-5, 1997;
(3)
November
1-6, 1998;
(4)
October
15-20,
1999;
(5)
October
16-20,
2000.

3 years of the
(1) October 15-20, 1999.
5-year QS base
(2) October 16-20, 2000.
period beginning (3) October 15-18, 2001.
on:
(1) November 1-5,
1996;
(2) November 1-5,
1997;
(3) November 1-6,
1998;
(4) October
15-20, 1999;
(5) October
16-20, 2000.

4 years

2. Bering Sea
snow crab

4 years of
the 5-year

3 years of the
5-year period

4 years

COLUMN A:
Crab QS
Fisheries

50 CFR 680.44(g) (enhanced display)

(1) April 1-8, 2000.
(2) January 15, 2001 through February

The
maximum
number
of
qualifying
years that
can be
used to
calculate
QS for
each QS
fishery is:

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 680.44(g)

COLUMN B:
Qualifying
Years for
QS

COLUMN C:
Eligibility Years
for CVC and CPC
QS

COLUMN E:
COLUMN D:
Subset of
Recent Participation Seasons for CVC
Qualifying
and CPC QS
Years

(BSS)

period
beginning
on:
(1)
January
15, 1996
through
February
29, 1996;
(2)
January
15, 1997
through
March 21,
1997;
(3)
January
15, 1998
through
March 20,
1998;
(4)
January
15, 1999
through
March 22,
1999;
(5) April
1-8, 2000.

beginning on:
(1) January 15,
1996 through
February 29,
1996;
(2) January 15,
1997 through
March 21, 1997;
(3) January 15,
1998 through
March 20, 1998;
(4) January 15,
1999 through
March 22, 1999;
(5) April 1-8,
2000.

14, 2001.
(3) January 15, 2002 through February
8, 2002.

3. Eastern
Aleutian
Islands
golden king
crab (EAG)

5 years of
the 5-year
base
period
beginning
on:
(1)
September
1, 1996
through
December
25, 1996;

3 years of the
5-year base
period beginning
on:
(1) September 1,
1996 through
December 25,
1996;
(2) September 1,
1997 though
November 24,
1997;

(1) September 1 1999 through October 5 years
25, 1999.
(2) August 15, 2000 through
September 24, 2000.
(3) August 15, 2001 through
September 10, 2001.

COLUMN A:
Crab QS
Fisheries

50 CFR 680.44(g) (enhanced display)

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

COLUMN A:
Crab QS
Fisheries

4. Eastern
Bering Sea
Tanner crab
(EBT)

COLUMN B:
Qualifying
Years for
QS

COLUMN C:
Eligibility Years
for CVC and CPC
QS

(2)
September
1, 1997
though
November
24, 1997;
(3)
September
1, 1998
through
November
7, 1998;
(4)
September
1, 1999
through
October
25, 1999;
(5) August
15, 2000
through
September
24, 2000.

(3) September 1,
1998 through
November 7,
1998;
(4) September 1,
1999 through
October 25, 1999;
(5) August 15,
2000 through
September 25,
2000.

4 of the 6
seasons
beginning
on:
(1)
November
15, 1991
through
March 31,
1992;
(2)
November
15, 1992
through
March 31,
1993;
(3)
November

3 of the 6
seasons
beginning on:
(1) November 15,
1991 through
March 31, 1992;
(2) November 15,
1992 through
March 31, 1993;
(3) November
1-10, 1993, and
November 20,
1993 through
January 1, 1994;
(4) November
1-21, 1994;
(5) November
1-16, 1995;

50 CFR 680.44(g) (enhanced display)

50 CFR 680.44(g)

COLUMN E:
COLUMN D:
Subset of
Recent Participation Seasons for CVC
Qualifying
and CPC QS
Years

In any 2 of the last 3 seasons prior to
June 10, 2002 in the Eastern Aleutian
Island golden (brown) king crab,
Western Aleutian Island golden
(brown) king crab, Bering Sea snow
crab, or Bristol Bay red king crab
fisheries.

4 years

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

COLUMN A:
Crab QS
Fisheries

5. Pribilof red
king and blue
king crab
(PIK)

COLUMN B:
Qualifying
Years for
QS

COLUMN C:
Eligibility Years
for CVC and CPC
QS

1-10,
1993, and
November
20, 1993
through
January 1,
1994;
(4)
November
1-21,
1994;
(5)
November
1-16,
1995;
(6)
November
1-5, 1996
and
November
15-27,
1996.

(6) November 1-5,
1996 and
November 15-27,
1996.

4 years of
the 5-year
period
beginning
on:
(1)
September
15-21,
1994;
(2)
September
15-22,
1995;
(3)
September
15-26,
1996;
(4)
September

3 years of the
5-year period
beginning on:
(1) September
15-21, 1994;
(2) September
15-22, 1995;
(3) September
15-26, 1996;
(4) September
15-29, 1997;
(5) September
15-28, 1998.

50 CFR 680.44(g) (enhanced display)

50 CFR 680.44(g)

COLUMN E:
COLUMN D:
Subset of
Recent Participation Seasons for CVC
Qualifying
and CPC QS
Years

In any 2 of the last 3 seasons prior to
June 10, 2002 in the Eastern Aleutian
Island golden (brown) king crab,
Western Aleutian Island golden
(brown) king crab, Bering Sea snow
crab, or Bristol Bay red king crab
fisheries, except that persons applying
for an allocation to receive QS based
on legal landings made aboard a
vessel less than 60 feet (18.3 m) LOA
at the time of harvest are exempt from
this requirement.

4 years

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

COLUMN A:
Crab QS
Fisheries

COLUMN B:
Qualifying
Years for
QS

50 CFR 680.44(g)

COLUMN C:
Eligibility Years
for CVC and CPC
QS

COLUMN E:
COLUMN D:
Subset of
Recent Participation Seasons for CVC
Qualifying
and CPC QS
Years

15-29,
1997;
(5)
September
1-28,
1998.
6. St.
Matthew blue
king crab
(SMB)

4 years of
the 5-year
period
beginning
on:
(1)
September
15-22,
1994;
(2)
September
15-20,
1995;
(3)
September
15-23,
1996;
(4)
September
15-22,
1997;
(5)
September
15-26,
1998.

3 years of the
5-year period
beginning on:
(1) September
15-22, 1994;
(2) September
15-20, 1995;
(3) September
15-23, 1996;
(4) September
15-22, 1997; and
(5) September
15-26, 1998.

In any 2 of the last 3 seasons prior to
June 10, 2002 in the Eastern Aleutian
Island golden (brown) king crab,
Western Aleutian Island golden
(brown) king crab, Bering Sea snow
crab, or Bristol Bay red king crab
fisheries.

4 years

7. Western
Aleutian
Islands
brown king
crab (WAG)

5 of the 5
seasons
beginning
on:
(1)
September
1, 1996
through
August 31,
1997;

3 of the 5
seasons
beginning on:
(1) September 1,
1996 through
August 31, 1997;
(2) September 1,
1997 though
August 31, 1998;
(3) September 1,

(1) September 1, 1999 through August
14, 2000.
(2) August 15, 2000 through March 28,
2001.
(3) August 15 2001 through March 30,
2002.

5 years

50 CFR 680.44(g) (enhanced display)

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

COLUMN A:
Crab QS
Fisheries

8. Western
Aleutian
Islands red
king crab
(WAI)

COLUMN B:
Qualifying
Years for
QS

COLUMN C:
Eligibility Years
for CVC and CPC
QS

(2)
September
1, 1997
though
August 21,
1998;
(3)
September
1, 1998
through
August 31,
1999;
(4)
September
1, 1999
through
August 14,
2000;
(5) August
15, 2000
through
March 28,
2001.

1998 through
August 31, 1999;
(4) September 1,
1999 through
August 14, 2000;
(5) August 15,
2000 through
March 28, 2001.

3 of the 4
seasons
beginning
on:
(1)
November
1, 1992
through
January
15, 1993;
(2)
November
1, 1993
through
February
15, 1994;
(3)
November

3 of the 4
seasons
beginning on:
(1) November 1,
1992 through
January 15, 1993;
(2) November 1,
1993 through
February 15,
1994;
(3) November
1-28, 1994;
(4) November 1,
1995 through
February 13,
1996.

50 CFR 680.44(g) (enhanced display)

50 CFR 680.44(g)

COLUMN E:
COLUMN D:
Subset of
Recent Participation Seasons for CVC
Qualifying
and CPC QS
Years

In any 2 of the last 3 seasons prior to
June 10, 2002 in the Eastern Aleutian
Island golden (brown) king crab,
Western Aleutian Island golden
(brown) king crab, Bering Sea snow
crab, or Bristol Bay red king crab
fisheries.

3 years

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

COLUMN A:
Crab QS
Fisheries

COLUMN B:
Qualifying
Years for
QS

50 CFR 680.44(g)

COLUMN C:
Eligibility Years
for CVC and CPC
QS

COLUMN E:
COLUMN D:
Subset of
Recent Participation Seasons for CVC
Qualifying
and CPC QS
Years

3 of the 6
seasons
beginning on:
(1) November 15,
1991 through
March 31, 1992;
(2) November 15,
1992 through
March 31, 1993;
(3) November
1-10, 1993, and
November 20,
1993 through
January 1, 1994;
(4) November
1-21, 1994;
(5) November
1-16, 1995;
(6) November 1-5,
1996 and
November 15-27,
1996.

In any 2 of the last 3 seasons prior to
June 10, 2002 in the Eastern Aleutian
Island golden (brown) king crab,
Western Aleutian Island golden
(brown) king crab, Bering Sea snow
crab, or Bristol Bay red king crab
fisheries.

1-28,
1994;
(4)
November
1, 1995
through
February
13, 1996.
9. Western
Bering Sea
Tanner crab
(WBT)

4 of the 6
seasons
beginning
on:
(1)
November
15, 1991
through
March 31,
1992;
(2)
November
15, 1992
through
March 31,
1993;
(3)
November
1-10,
1993, and
November
20, 1993
through
January 1,
1994;
(4)
November
1-21,
1994;
(5)
November
1-16,
1995;

50 CFR 680.44(g) (enhanced display)

4 years

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

COLUMN A:
Crab QS
Fisheries

COLUMN B:
Qualifying
Years for
QS

COLUMN C:
Eligibility Years
for CVC and CPC
QS

50 CFR 680.44(g)

COLUMN E:
COLUMN D:
Subset of
Recent Participation Seasons for CVC
Qualifying
and CPC QS
Years

(6)
November
1-5, 1996
and
November
15-27,
1996.

[71 FR 32867, June 7, 2006]

Table 8 to Part 680—Initial QS and PQS Pool for Each Crab QS Fishery

Crab QS Fishery

Initial QS Pool

BBR Bristol Bay red king crab

Initial PQS Pool

400,000,000

400,000,000

1,000,000,000

1,000,000,000

EAG Eastern Aleutian Islands golden king crab

10,000,000

10,000,000

EBT Eastern Bering Sea Tanner crab (C. bairdi)

200,000,000

200,000,000

PIK Pribilof Islands red and blue king crab

30,000,000

30,000,000

SMB St. Matthew blue king crab

30,000,000

30,000,000

WAG Western Aleutian Islands golden king crab

40,000,000

40,000,000

WAI Western Aleutian Islands red king crab

60,000,000

60,000,000

WBT Western Bering Sea Tanner crab (C. bairdi)

200,000,000

200,000,000

BSS Bering Sea snow crab (C. opilio)

Table 9 to Part 680—Initial Issuance of Crab PQS by Crab QS Fishery

Column A:
For each
crab QS
fishery:

Column B:
The Regional Administrator shall calculate PQS for any qualified person based on
that person's total legal purchase of crab in each of the crab QS fisheries for any...

Bristol Bay
red king
crab (BBR)

3 years of the 3-year QS base period beginning on:
(1) November 1-5, 1997;
(2) November 1-6, 1998; and

50 CFR 680.44(g) (enhanced display)

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50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

Column A:
For each
crab QS
fishery:

50 CFR 680.44(g)

Column B:
The Regional Administrator shall calculate PQS for any qualified person based on
that person's total legal purchase of crab in each of the crab QS fisheries for any...
(3) October 15-20, 1999.

Bering Sea
snow crab
(BSS)

3 years of the 3-year period beginning on:
(1) January 15, 1997 through March 21, 1997;
(2) January 15, 1998 through March 20, 1998; and
(3) January 15, 1999 through March 22, 1999.

Eastern
Aleutian
Island
golden king
crab (EAG)

4 years of the 4-year base period beginning on:
(1) September 1, 1996 through December 25, 1996;
(2) September 1, 1997 though November 24, 1997;
(3) September 1, 1998 through November 7, 1998; and
(4) September 1, 1999 through October 25, 1999.

Eastern
Bering Sea
Tanner crab
(EBT)

Equivalent to 50 percent of the total legally processed crab in the Bering Sea snow
crab fishery during the qualifying years established for that fishery, and 50 percent of
the total legally processed crab in the Bristol Bay red king crab fishery during the
qualifying years established for that fishery.

Pribilof
Islands red
and blue
king crab
(PIK)

3 years of the 3-year period beginning on:
(1) September 15-26, 1996;
(2) September 15-29, 1997; and
(3) September 15-28, 1998.

St. Matthew
blue king
crab (SMB)

3 years of the 3-year period beginning on:
(1) September 15-23, 1996;
(2) September 15-22, 1997; and
(3) September 15-26, 1998.

Western
Aleutian
Island
golden king
crab (WAG)

4 years of the 4-year base period beginning on:
(1) September 1, 1996 through August 31, 1997;
(2) September 1, 1997 though August 31, 1998;
(3) September 1, 1998 through August 31, 1999; and
(4) September 1, 1999 through August 14, 2000.

Western
Aleutian
Islands red
king crab
(WAI)

Equivalent to the total legally processed crab in the Western Aleutian Islands golden
(brown) king crab fishery during the qualifying years established for that fishery.

Western
Bering Sea
Tanner crab
(WBT)

Equivalent to 50 percent of the total legally processed crab in the Bering Sea snow
crab fishery during the qualifying years established for that fishery, and 50 percent of
the total legally processed crab in the Bristol Bay red king crab fishery during the
qualifying years established for that fishery.

[71 FR 32867, June 7, 2006]

50 CFR 680.44(g) (enhanced display)

page 119 of 120

50 CFR Part 680 (up to date as of 7/15/2026)
Shellfish Fisheries of the Exclusive Economic Zone off Alaska

50 CFR 680.44(g)

Table 10 to Part 680—License Limitation Program License Numbers That Authorize the Owners
and Operators of Catcher/Processors to Directed Fish for Pacific Cod With Hook-and-Line Gear
in the Central Gulf of Alaska Regulatory Area (Column A) and in the Western Gulf of Alaska
Regulatory Area (Column B)

Column A:

Column B:

LLG1125

LLG1400.

LLG1128

LLG1401.

LLG1400

LLG1576.

LLG1576

LLG1578.

LLG1713

LLG1785.

LLG1785

LLG1916.

LLG1916

LLG1917.

LLG1917

LLG2026.

LLG1989

LLG2081.

LLG2081

LLG2112.

LLG2112

LLG2892.

LLG2238

LLG2935.

LLG2705

LLG3090.

LLG2783

LLG3602.

LLG2892

LLG3617.

LLG2958

LLG3676.

LLG3609

LLG4004.

LLG3616

LLG4823.

LLG3617.
LLG3676.
LLG3681.
LLG3973.
LLG4823.

[80 FR 28545, May 19, 2015]

50 CFR 680.44(g) (enhanced display)

page 120 of 120