50 CFR Part 679

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Fishery Conservation and Management

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

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

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

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

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

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

Pt. 679
679.55

Observer fees.

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

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

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

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

Applicability.

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

517

Halibut deck sorting.
[Reserved]

Pt. 679

50 CFR Ch. VI (10–1–23 Edition)

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

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

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

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

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

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

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

519

§ 679.1

50 CFR Ch. VI (10–1–23 Edition)

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

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

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

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

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

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

520

Fishery Conservation and Management

§ 679.2

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

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

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

521

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

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

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

522

Fishery Conservation and Management

§ 679.2

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

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

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

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

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

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

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

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

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

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§ 679.2

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

530

Fishery Conservation and Management

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

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§ 679.2

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

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

533

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50 CFR Ch. VI (10–1–23 Edition)

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

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

534

Fishery Conservation and Management

§ 679.2

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

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

535

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50 CFR Ch. VI (10–1–23 Edition)

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

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

536

Fishery Conservation and Management

§ 679.2

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

538

Fishery Conservation and Management

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

540

Fishery Conservation and Management

§ 679.2

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

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

541

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

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

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

542

Fishery Conservation and Management

§ 679.2

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

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

543

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50 CFR Ch. VI (10–1–23 Edition)

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

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

544

Fishery Conservation and Management

§ 679.2

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

546

Fishery Conservation and Management

§ 679.2

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

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

547

§ 679.2

50 CFR Ch. VI (10–1–23 Edition)

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

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

548

Fishery Conservation and Management

§ 679.2

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

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

549

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50 CFR Ch. VI (10–1–23 Edition)

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

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

550

Fishery Conservation and Management

§ 679.4

Sunday morning (except during the
first week of each year, when it starts
on January 1) and ends at 2400 hours,
A.l.t., the following Saturday night
(except during the last week of each
year, when it ends on December 31).
West Yakutat District of the GOA
means that part of the Eastern GOA
Regulatory Area contained in Statistical Area 640 (see Figure 3 to this
part).
Western Aleutian District means that
part of the Aleutian Islands Subarea
contained in Statistical Area 543 (see
Figure 1 to this part).
Western GOA Regulatory Area means
that portion of the GOA EEZ that is
contained in Statistical Area 610 (see
Figure 3 to this part).
Wing tip means the point where adjacent breast lines intersect or where a
breast line intersects with the fishing
line.

part E of part 300 of chapter III of this
title.
(d) King and Tanner crabs. Additional
regulations governing conservation and
management of king crabs and Tanner
crabs in the Bering Sea and Aleutian
Islands Area are contained in 50 CFR
part 680 and in Alaska Statutes at A.S.
16 and Alaska Administrative Code at 5
AAC Chapters 34, 35, and 39.
(e) Incidental catch of marine mammals.
Regulations governing exemption permits and the recordkeeping and reporting of the incidental take of marine
mammals are set forth in § 216.24 and
part 229 of this title.
(f) Domestic fishing for salmon. Management of the salmon commercial
troll fishery and sport fishery in the
East Area of the Salmon Management
Area, defined at § 679.2, is delegated to
the State of Alaska.
(g) Scallops. Additional regulations
governing conservation and management of scallops off Alaska are contained in Alaska Statutes A.S. 16 and
Alaska Administrative Code at 5 AAC
Chapter 38.

[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.2, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

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

[61 FR 31230, June 19, 1996, as amended at 61
FR 35578, July 5, 1996; 62 FR 2045, Jan. 15,
1997; 62 FR 19688, Apr. 23, 1997; 63 FR 38502,
July 17, 1998; 63 FR 47356, Sept. 4, 1998; 69 FR
877, Jan. 7, 2004; 70 FR 10232, Mar. 2, 2005; 77
FR 75587, Dec. 21, 2012]

§ 679.4

Permits.

(a) Requirements. Only persons who
are U.S. citizens are authorized to receive or hold permits under this section, with the exception that an IFQ
hired master permit or a CDQ hired
master permit need not be held by a
U.S. citizen.
(1) What permits are available? Various
types of permits are issued for programs codified at 50 CFR parts 300 and
679. These permits are listed in the following table. The date of effectiveness
for each permit is given along with certain reference paragraphs for further
information.

If program permit or card type is:

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

(i) IFQ:
(A) Registered buyer ............................................

......................................................
Until expiration date shown on permit.
Specified fishing year .......................
Specified fishing year .......................
......................................................

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

551

For more information, see . . .

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

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

If program permit or card type is:

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

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

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

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

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

Paragraph (l) of this section

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

Paragraph (b) of this section

Specified fishing year or interim (active until further notice).
Specified fishing year or interim (active until further notice).
Indefinite ...........................................
1 year or less ...................................
1 year or less ...................................

Paragraph (k) of this section

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

§ 679.26
§ 679.26

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

§ 300.65 of this title
§ 300.65 of this title

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

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

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

§ 679.90(b).
§ 679.91(b).
§ 679.91(b).
§ 680.4 of this chapter
§ 680.4(b) of this chapter
§ 680.4(c) of this chapter
§ 680.4(d) of this chapter
§ 680.4(e) of this chapter

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

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

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

§ 300.67 of this title.

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

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

(D) Inshore processor ..........................................
(E) Inshore cooperative ........................................
(iv) Groundfish:
(A) Federal fisheries .............................................
(B) Federal processor ..........................................
(v) [Reserved] ..............................................................
(vi) High Seas Fishing Compliance Act (HSFCA) ......
(vii) License Limitation Program (LLP):
(A) Groundfish license .........................................
(B) Crab license ...................................................
(C) Scallop license ...............................................
(viii) Exempted fisheries ..............................................
(ix) Research ...............................................................
(x) Prohibited species donation program:
(A) Salmon ...........................................................
(B) Halibut ............................................................
(xi) Special Subsistence Permits:
(A) Community Harvest Permit ............................
(B) Ceremonial or Educational Permit .................
(xii) Rockfish Program:
(A) Rockfish QS ...................................................
(B) CQ ..................................................................
(xiii) Amendment 80 Program:
(A) Amendment 80 QS permit ....................................
(B) CQ permit ..............................................................
(C) Amendment 80 limited access fishery ..................
(xiv) Crab Rationalization Program permits
(A) Crab Quota Share permit ...............................
(B) Crab Processor Quota Share permit .............
(C) Crab Individual Fishing Quota (IFQ) permit ..
(D) Crab Individual Processor Quota (IPQ) permit.
(E) Crab IFQ hired master permit ........................
(F) Registered Crab receiver permit ....................
(G) Federal crab vessel permit ............................
(H) Crab harvesting cooperative IFQ permit .......
(xv) Guided sport halibut fishery permits:
(A) Charter halibut permit ............................................
(B) Community charter halibut permit .........................
(C) Military charter halibut permit ................................
(D) Guided Angler Fish (GAF) permit .........................
(xvi) PCTC Program:
(A) PCTC Program QS permit (for processors).
(B) PCTC Program CQ permit ......................

For more information, see . . .

Paragraph (l) of this section

Paragraph (l) of this section

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

Paragraph (f) of this section

§ 300.10 of this title

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

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

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

Paragraph (q) of this section.

Until expiration date shown on permit.

Paragraph (q) of this section

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

types of permits issued, refer to § 679.5

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Fishery Conservation and Management

§ 679.4

for recordkeeping and reporting requirements. For subsistence and GAF
permits, refer to § 300.65 of this title for
recordkeeping and reporting requirements.
(3) Permit application—(i) Obtain and
submit an application. A person may obtain an application for a new permit or
for renewal or revision of an existing
permit for any of the permits under
this section and must submit forms to
NMFS as instructed in application instructions. With appropriate software,
all permit applications may be completed online and printed from the
Alaska Region website at http://
alaskafisheries.noaa.gov.
(ii) Deficient application. Upon receipt
of an incomplete or improperly completed permit application, the Program
Administrator, RAM, will notify the
applicant of the deficiency in the permit application. If the applicant fails
to correct the deficiency, the permit
will not be issued. No permit will be
issued to an applicant until a complete
application is received.
(iii) Separate permit. The operator,
manager, Registered Buyer, or Registered Crab Receiver must obtain a
separate permit for each applicant, facility, or vessel, as appropriate to each
Federal permit in this section.
(iv) The information requested on the
application must be typed or printed
legibly.
(v) All permits are issued free of
charge.
(4) [Reserved]
(5) Alteration. No person may alter,
erase, mutilate, or forge any permit or
document issued under this section.
Any such permit or document that is
intentionally altered, erased, mutilated, or forged is invalid.
(6) Disclosure. NMFS will maintain a
list of permitted processors that may
be disclosed for public inspection.
(7) Sanctions and denials. Procedures
governing sanctions and denials are
found at subpart D of 15 CFR part 904.
Such procedures are required for enforcement purposes, not administrative
purposes.
(8) Harvesting privilege. Quota shares,
permits, or licenses issued pursuant to
this part are neither a right to the resource nor any interest that is subject
to the ‘‘takings’’ provision of the Fifth

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

553

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

mothership, tender vessel, or support
vessel. A vessel may not be operated in
a category other than as specified on
the FFP, except that a catcher vessel,
catcher/processor, mothership, or tender vessel may be operated as a support
vessel.
(3) Duration—(i) Length of permit effectiveness. NMFS issues FFPs on a threeyear cycle and an FFP is in effect from
the effective date through the expiration date, as indicated on the FFP, unless the FFP is revoked, suspended,
surrendered in accordance with paragraph (a)(9) of this section, or modified
under § 600.735 or § 600.740 of this chapter.
(ii) Surrendered permit—(A) An FFP
may be voluntarily surrendered in accordance with paragraph (a)(9) of this
section. Except as provided under paragraphs (b)(3)(ii)(B) and (C) of this section, if surrendered, an FFP may be reissued in the same fishing year in
which it was surrendered.
(B) For the BSAI, NMFS will not reissue a surrendered FFP to the owner
or authorized representative of a vessel
named on an FFP that has been issued
with endorsements for catcher/processor or catcher vessel operation type;
trawl, pot, and/or hook-and-line gear
type; and the BSAI area, until after the
expiration date of the surrendered FFP
as initially issued.
(C) For the GOA, NMFS will not reissue a surrendered FFP to the owner
or authorized representative of a vessel
named on an FFP that has been issued
a GOA area endorsement and any combination of endorsements for catcher/
processor operation type, catcher vessel operation type, trawl gear type,
hook-and-line gear type, pot gear type,
and/or jig gear type, until after the expiration date of the surrendered FFP.
(D) An owner or authorized representative, who applied for and received an FFP, must notify NMFS of
the intention to surrender the FFP by
submitting an FFP application found
at the NMFS Web site at http://
www.alaskafisheries.noaa.gov and indicating on the application that surrender of the permit is requested. Upon
receipt and processing of an FFP surrender application, NMFS will withdraw the FFP from active status in the
FFP data bases.

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

554

Fishery Conservation and Management

§ 679.4

the owner is not an individual, the authorized representative must sign and
date the application form. An application form for an FFP will be provided
by NMFS or is available from NMFS
Alaska Region Web site at http://
alaskafisheries.noaa.gov. The acceptable
submittal methods will be described on
the application form.
(5) Issuance. (i) Except as provided in
subpart D of 15 CFR part 904, upon receipt of a properly completed permit
application, the Regional Administrator will issue an FFP required by
this paragraph (b).
(ii) The Regional Administrator will
send an FFP with the appropriate
logbooks to the owner or authorized
representative, as provided under
§ 679.5.
(iii) NMFS will reissue an FFP to the
owner or authorized representative
who holds an FFP issued for a vessel if
that vessel is subject to sideboard provisions as described under § 679.82(d)
through (f).
(iv) NMFS will reissue an FFP to the
owner or authorized representative
who holds an FFP issued to an Amendment 80 vessel.
(6) Transfer. An FFP issued under
this paragraph (b) is not transferable
or assignable and is valid only for the
vessel for which it is issued.
(7) Inspection. A legible copy of a
valid FFP issued under this paragraph
(b) must be carried on board the vessel
at all times operations are conducted
under this type of permit and must be
presented for inspection upon the request of any authorized officer.
(c) [Reserved]
(d) IFQ permits, IFQ hired master permits, and Registered Buyer permits. The
permits described in this section are
required in addition to the permit and
licensing requirements prescribed in
the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of this title and in the
permit requirements of this section.
(1) IFQ permit. (i) An IFQ permit authorizes the person identified on the
permit to harvest IFQ halibut or IFQ
sablefish from a specified IFQ regulatory area at any time during an open
fishing season during the fishing year
for which the IFQ permit is issued
until the amount harvested is equal to

the amount specified under the permit,
or until the permit is revoked, suspended, surrendered in accordance with
paragraph (a)(9) of this section, or
modified under 15 CFR part 904.
(ii) A legible copy of any IFQ permit
that specifies the IFQ regulatory area
and vessel length overall from which
IFQ halibut or IFQ sablefish may be
harvested by the IFQ permit holder
must be carried on board the vessel
used by the permitted person to harvest IFQ halibut or IFQ sablefish at all
times that such fish are retained on
board.
(iii) An IFQ permit may be voluntarily surrendered in accordance with
paragraph (a)(9) of this section. An annual IFQ permit will not be reissued in
the same fishing year in which it was
surrendered, but a new annual IFQ permit may be issued to the quota share
holder of record in a subsequent fishing
year.
(iv) An RFQ permit account identifies the amount of RFQ authorized for
use by charter vessel anglers in Area
2C or Area 3A. The number of pounds of
RFQ allocated to the RFQ permit account will be added to the annual guided sport catch limit under the catch
sharing plan (described at 50 CFR
300.65(c)) for the appropriate IFQ regulatory area, Area 2C or Area 3A.
(2) IFQ hired master permit. (i) An IFQ
hired master permit authorizes the individual identified on the IFQ hired
master permit to land IFQ halibut or
IFQ sablefish for debit against the
specified IFQ permit until the IFQ
hired master permit expires, or is revoked, suspended, surrendered in accordance with paragraph (a)(9) of this
section, or modified under 15 CFR part
904, or cancelled on request of the IFQ
permit holder.
(ii) A legible copy of an IFQ hired
master permit issued to an eligible individual in accordance with § 679.42(i)
and (j) by the Regional Administrator
must be onboard the vessel that harvests IFQ halibut or IFQ sablefish at
all times that such fish are retained
onboard by a hired master. Except as
specified in § 679.42(d), an individual
that is issued an IFQ hired master permit must remain onboard the vessel

555

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

used to harvest IFQ halibut or IFQ sablefish with that IFQ hired master permit during the IFQ fishing trip and at
the landing site during all IFQ landings.
(iii) Each IFQ hired master permit
issued by the Regional Administrator
will display an IFQ permit number and
the name of the individual authorized
by the IFQ permit holder to land IFQ
halibut or IFQ sablefish for debit
against the IFQ permit holder’s IFQ. In
addition, IFQ hired master permits will
also display the ADF&G vessel identification number of the authorized vessel.
(iv) An IFQ hired master permit may
be voluntarily surrendered in accordance with paragraph (a)(9) of this section. An IFQ hired master permit may
be reissued to the permit holder of
record in the same fishing year in
which it was surrendered.
(3) Registered Buyer permit. (i) A Registered Buyer permit authorizes the
person identified on the permit to receive and make an IFQ landing by an
IFQ permit holder or IFQ hired master
permit holder or to receive and make a
CDQ halibut landing by a CDQ permit
holder or CDQ hired master permit
holder at any time during the fishing
year for which it is issued until the
Registered Buyer permit expires, or is
revoked, suspended, surrendered in accordance with paragraph (a)(9) of this
section, or modified under 15 CFR part
904.
(ii) A Registered Buyer permit is required of:
(A) Any person who receives IFQ halibut, CDQ halibut or IFQ sablefish from
the person(s) who harvested the fish;
(B) Any person who harvests IFQ halibut, CDQ halibut or IFQ sablefish and
transfers such fish in a dockside sale,
outside of an IFQ regulatory area, or
outside the State of Alaska.
(C) A vessel operator who submits a
Departure Report (see § 679.5(l)(4)).
(iii) A Registered Buyer permit is
issued on an annual cycle defined as
March 1 through the end of February of
the next calendar year, to persons that
have a Registered Buyer application
approved by the Regional Administrator.
(iv) For the Registered Buyer application to be considered complete, all

fees due to NMFS under § 679.55 at the
time of application must be paid.
(v) A Registered Buyer permit is in
effect from the first day of March in
the year for which it is issued or from
the date of issuance, whichever is later,
through the end of the current annual
cycle, unless it is revoked, suspended,
surrendered in accordance with paragraph (a)(9) of this section, or modified
under § 600.735 or § 600.740 of this chapter.
(vi) A Registered Buyer permit may
be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A Registered Buyer permit may
be reissued to the permit holder of
record in the same fishing year in
which it was surrendered.
(4) Issuance. The Regional Administrator will issue IFQ permits and IFQ
hired master permits annually or at
other times as needed to accommodate
transfers, revocations, appeals resolution, and other changes in QS or IFQ
holdings, and designation of masters
under § 679.42.
(5) Transfer. The quota shares and
IFQ issued under this section are not
transferable, except as provided under
§ 679.41. IFQ hired master permits and
Registered Buyer permits issued under
this paragraph (d) are not transferable.
(6) Inspection—(i) IFQ permit and IFQ
hired master permit. (A) The IFQ permit
holder must present a legible copy of
the IFQ permit for inspection on request of any authorized officer or Registered Buyer receiving IFQ species.
(B) The IFQ hired master permit
holder must present a legible copy of
the IFQ permit and a legible copy of
the IFQ hired master permit for inspection on request of any authorized officer or Registered Buyer receiving IFQ
species.
(ii) Registered Buyer permit. A legible
copy of the Registered Buyer permit
must be present at the location of an
IFQ landing or CDQ halibut landing
and must be made available by an individual representing the Registered
Buyer for inspection on request of any
authorized officer.
(7) Validity. An IFQ permit issued
under this part is valid only if the IFQ
permit holder has paid all IFQ fees that

556

Fishery Conservation and Management

§ 679.4

are due as a result of final agency action as specified in §§ 679.45 and
679.5(l)(7)(ii).
(e) Halibut CDQ permits and CDQ hired
master permits—(1) Requirements. (i) The
CDQ group, the operator of the vessel,
the manager of a shoreside processor or
stationary floating processor, and the
Registered Buyer must comply with
the requirements of this paragraph (e)
for the catch of CDQ halibut.
(ii) The CDQ group, vessel owner or
operator, and Registered Buyer are
subject to all of the IFQ prohibitions at
§ 679.7(f).
(2) Halibut CDQ permit. The CDQ
group must obtain a halibut CDQ permit issued by the Regional Administrator. The vessel operator must have a
legible copy of a halibut CDQ permit on
any fishing vessel operated by, or for, a
CDQ group that will have halibut CDQ
on board and must make the permit
available for inspection by an authorized officer. A halibut CDQ permit is
non-transferable and is issued annually
until revoked, suspended, surrendered,
or modified. A halibut CDQ permit may
be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A halibut CDQ permit will not be
reissued in the same fishing year in
which it was surrendered, but a new annual halibut CDQ permit may be issued
in a subsequent fishing year to the
CDQ group entitled to a CDQ halibut
allocation.
(3) An individual must have on board
the vessel a legible copy of his or her
halibut CDQ hired master permit
issued by the Regional Administrator
while harvesting and landing any CDQ
halibut. Each halibut CDQ hired master permit will identify a CDQ permit
number and the individual authorized
by the CDQ group to land halibut for
debit against the CDQ group’s halibut
CDQ. A halibut CDQ hired master permit may be voluntarily surrendered in
accordance with paragraph (a)(9) of
this section. A halibut CDQ hired master permit may be reissued to the permit holder of record in the same fishing year in which it was surrendered.
(4) Alteration. No person may alter,
erase, mutilate, or forge a halibut CDQ
permit, hired master permit, Registered Buyer permit, or any valid or
current permit or document issued

under this part. Any such permit or
document that has been intentionally
altered, erased, mutilated, or forged is
invalid.
(5) Landings. A person may land CDQ
halibut only if he or she has a valid
halibut CDQ hired master permit. The
person(s) holding the halibut CDQ
hired master permit and the Registered
buyer must comply with the requirements of § 679.5(g) and (l)(1) through (6).
(f) Federal processor permit (FPP)—(1)
Requirement. No shoreside processor of
the United States, SFP, or CQE floating processor defined at § 679.2 may receive, process, purchase, or arrange to
purchase unprocessed groundfish harvested in the GOA or BSAI, unless the
owner or authorized representative
first obtains an FPP issued under this
part. A processor may not be operated
in a category other than as specified on
the FPP. An FPP is issued without
charge.
(2) FPP application. To obtain, amend,
renew, or surrender an FPP, the owner
or authorized representative must complete an FPP application form per the
instructions
at
http://
alaskafisheries.noaa.gov.
(i) Fees. For the FPP application to
be considered complete, all fees due to
NMFS from the owner or authorized
representative of a shoreside processor
or SFP or person named on a Registered Buyer permit subject to the observer fee as specified at § 679.55(c) at
the time of application must be paid.
(ii) Signature. The owner or authorized representative of the shoreside
processor, SFP, or CQE floating processor must sign and date the application form, certifying that all information is true, correct, and complete to
the best of his/her knowledge and belief. If the application form is completed by an authorized representative,
proof of authorization must accompany
the application form.
(3) Duration—(i) Length of effectiveness. An FPP is in effect from the effective date through the date of permit
expiration, unless it is revoked, suspended, surrendered in accordance with
paragraph (a)(9) of this section, or
modified under § 600.735 or § 600.740 of
this chapter.

557

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

(ii) Surrendered permit. (A) An FPP
may be voluntarily surrendered in accordance with paragraph (a)(9) of this
section. An FPP may be reissued to the
permit holder of record in the same
fishing year in which it was surrendered.
(B) An owner or authorized representative, who applied for and received an FPP, must notify NMFS of
the intention to surrender the FPP by
submitting an FPP application form
found at the NMFS Web site at http://
alaskafisheries.noaa.gov and indicating
on the application form that surrender
of the FPP is requested. Upon receipt
and processing of an FPP surrender application form, NMFS will withdraw
the FPP from active status in permit
data bases.
(iii) Amended permit—(A) Requirement.
An owner or authorized representative,
who applied for and received an FPP,
must notify NMFS of any change in
the permit information by submitting
an FPP application form found at the
NMFS
Web
site
at
http://
alaskafisheries.noaa.gov. The owner or
authorized representative must submit
the application form as instructed on
the form. Upon receipt and approval of
an FPP amendment application form,
NMFS will issue an amended FPP.
(B) GOA Inshore Processing endorsement. A GOA inshore processing endorsement is required in order to process GOA inshore pollock and Eastern
GOA inshore Pacific cod. If an SFP
owner or authorized representative
holds an FPP with a GOA Inshore Processing endorsement, the SFP is prohibited from processing GOA pollock and
GOA Pacific cod in more than one single geographic location during a fishing year and is also prohibited from operating as a catcher/processor in the
BSAI. Once issued, a GOA Inshore
Processing endorsement cannot be surrendered for the duration of a fishing
year.
(C) CQE Floating Processor endorsement. If a vessel owner or authorized
representative holds an FPP with a
GOA Inshore Processing endorsement
in order to process Pacific cod within
the marine municipal boundaries of
CQE communities in the Western or
Central GOA, the vessel must not meet
the definition of an SFP and must not

have harvested groundfish off Alaska
in the same calendar year.
(D) Vessels are prohibited from holding both a GOA CQE Floating Processor endorsement and a GOA SFP endorsement during the same calendar
year.
(4) Transfer. An FPP issued under
this paragraph (f) is not transferable or
assignable and is valid only for the
processor for which it is issued.
(5) Inspection. A legible copy of a
valid FPP issued under this paragraph
(f) must be on site at the shoreside
processor, SFP, or CQE floating processor at all times and must be presented for inspection upon the request
of any authorized officer.
(g) Scallop LLP—(1) General requirements. (i) In addition to the permit and
licensing requirements prescribed in
this part, each vessel within the EEZ
off Alaska that is catching and retaining scallops, must have an original
scallop LLP license onboard at all
times it is catching and retaining scallops. This scallop LLP license, issued
by NMFS, authorizes the person named
on the license to catch and retain scallops in compliance with State of Alaska regulations and only with a vessel
that does not exceed the maximum
LOA specified on the license and the
gear designation specified on the license.
(ii) A scallop LLP license may be voluntarily surrendered in accordance
with paragraph (a)(9) of this section. A
surrendered scallop LLP license will
cease to exist and will not be subsequently reissued.
(2) Qualifications for a scallop LLP license. A scallop LLP license will be
issued to an eligible applicant who:
(i) Is a qualified person;
(ii) Was named on a State of Alaska
scallop moratorium permit or Federal
scallop moratorium permit on February 8, 1999;
(iii) Used the moratorium permit
held on February 8, 1999, to make legal
landings of scallops in each of any 2
calendar years during the qualification
period beginning January 1, 1996,
through October 9, 1998; and
(iv) Submitted a complete application for a scallop license during the application period specified pursuant to
paragraph (g)(4) of this section.

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(3) Scallop license conditions and endorsements. A scallop license authorizes
the license holder to catch and retain
scallops only if the vessel length and
gear used do not exceed the vessel
length and gear endorsements specified
on the license. These endorsements will
be determined as follows.
(i) The MLOA specified on the scallop
license is equal to the length overall on
February 8, 1999, of the longest vessel
that was authorized by a Federal or
State of Alaska Scallop Moratorium
Permit to harvest scallops and used by
the eligible applicant to make legal
landings of scallops during the scallop
LLP qualification period, as specified
at § 679.4(g)(2)(iii) of this part.
(ii) The gear specified on a scallop license will be restricted to two dredges
with a combined width of no more than
20 feet (6.1 m) in all areas if the eligible
applicant was a moratorium permit
holder with a Scallop Registration
Area H (Cook Inlet) endorsement and
did not make a legal landing of scallops caught outside Area H during the
qualification period specified in paragraph (g)(2)(iii) of this section.
(4) Application for a scallop license—(i)
General. The Regional Administrator
will issue a scallop license to an applicant if a complete application is submitted by or on behalf of the applicant
during the specified application period,
and if that applicant meets all the criteria for eligibility in this part. An application that is postmarked or hand
delivered after the ending date for the
application period for the scallop LLP
specified in paragraph § 679.4(g)(4)(ii)
will be denied. An application form will
be sent to the last known address of
the person identified as an eligible applicant by the official LLP record. An
application form may be requested
from the Regional Administrator.
(ii) Application Period. January 16,
2001, through February 12, 2001.
(iii) Contents of application. To be
complete, an application for a scallop
license must be signed and dated by the
applicant, or the individual representing the applicant, and contain
the following information, as applicable:
(A) Scallop Moratorium Permit number under which legal landings of scallops were made during the qualifica-

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

559

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50 CFR Ch. VI (10–1–23 Edition)

revised application with claims consistent with information in the official
LLP record. An applicant who submits
claims that are inconsistent with information in the official LLP record has
the burden of proving that the submitted claims are correct.
(vi) Additional information or evidence.
The Regional Administrator will evaluate additional information or evidence
to support an applicant’s inconsistent
claims submitted within the 60-day evidentiary period pursuant to paragraph
(g)(4)(vii) of this section. If the Regional Administrator determines that
the additional information or evidence
meets the applicant’s burden of proving
that the inconsistent claims in his or
her application are correct, the official
LLP record will be amended and the information will be used in determining
whether the applicant is eligible for a
license. However, if the Regional Administrator determines that the additional information or evidence does not
meet the applicant’s burden of proving
that the inconsistent claims in his or
her application is correct, the applicant will be notified by an initial administrative determination, pursuant
to paragraph (g)(4)(viii) of this section,
that the applicant did not meet the
burden of proof to change the information in the official LLP record.
(vii) 60-day evidentiary period. The Regional Administrator will specify by
letter a 60-day evidentiary period during which an applicant may provide additional information or evidence to
support the claims made in his or her
application, or to submit a revised application with claims consistent with
information in the official LLP record,
if the Regional Administrator determines that the applicant did not meet
the burden of proving that the information on the application is correct
through evidence provided with the application. Also, an applicant who fails
to submit information as specified in
paragraphs (g)(4)(iii) and (g)(4)(iv) of
this section will have 60 days to provide that information. An applicant
will be limited to one 60-day evidentiary period. Additional information or evidence, or a revised application, received after the 60-day evidentiary period specified in the letter
has expired will not be considered for

purposes of the initial administrative
determination.
(viii) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to
the applicant following the expiration
of the 60-day evidentiary period if the
Regional Administrator determines
that the information or evidence provided by the applicant fails to support
the applicant’s claims and is insufficient to rebut the presumption that
the official LLP record is correct, or if
the additional information, evidence,
or revised application is not provided
within the time period specified in the
letter that notifies the applicant of his
or her 60-day evidentiary period. The
IAD will indicate the deficiencies in
the application, including any deficiencies with the information, the evidence submitted in support of the information, or the revised application.
The IAD will also indicate which
claims cannot be approved based on the
available information or evidence. An
applicant who receives an IAD may appeal pursuant to § 679.43. An applicant
who avails himself or herself of the opportunity to appeal an IAD will not receive a transferable license until after
the final resolution of that appeal in
the applicant’s favor.
(ix) Issuance of a non-transferable license. The Regional Administrator will
issue a non-transferable license to the
applicant at the same time notification
is provided to the applicant of his or
her 60-day evidentiary period if
issuance is required by the license renewal provisions of 5 U.S.C. 558. A nontransferable license authorizes a person
to catch and retain scallops as specified on the non-transferable license,
and will have the specific endorsements and designations based on the
claims in his or her application. A nontransferable license will expire upon
final agency action.
(5) Transfer of a Scallop License—(i)
General. The Regional Administrator
will approve the transfer of a scallop license if a complete transfer application
is submitted to Restricted Access Management, Alaska Region, NMFS, and if
the transfer meets all the eligibility
criteria as specified in paragraph
(g)(5)(ii) of this section. An application

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§ 679.4

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

will not violate any of the provisions of
this section.
(h) [Reserved]
(i) Exempted fisheries permits. (See
§ 679.6.)
(j) Prohibited species donation program
permits. (See § 679.26(a)(3).)
(k) Licenses for license limitation (LLP)
groundfish or crab species—(1) General requirements. (i) In addition to the permit
and licensing requirements of this part,
and except as provided in paragraph
(k)(2) of this section, each vessel within
the GOA or the BSAI must have an
LLP groundfish license on board at all
times it is engaged in fishing activities
defined in § 679.2 as directed fishing for
license limitation groundfish. This
groundfish license, issued by NMFS to
a qualified person, authorizes a license
holder to deploy a vessel to conduct directed fishing for license limitation
groundfish only in accordance with the
specific area and species endorsements,
the vessel and gear designations, the
MLOA specified on the license, and any
exemption from the MLOA specified on
the license.
(ii) Each vessel must have a crab species license, defined in § 679.2, issued by
NMFS on board at all times it is engaged in fishing activities for the crab
fisheries identified in this paragraph. A
crab species license may be used only
to participate in the fisheries endorsed
on the license and on a vessel that
complies with the vessel designation
and MLOA specified on the license.
NMFS requires a crab species license
endorsed for participation in the following crab fisheries:
(A) Aleutian Islands Area C. opilio.
(B) Norton Sound red king and Norton Sound blue king in waters of the
EEZ with a western boundary of 168° W.
long., a southern boundary of 62° N.
lat., and a northern boundary of 65°36′
N. lat.;
(C) Minor Species endorsement for
Bering Sea golden king crab (Lithodes
aequispinus).
(2) Exempt vessels. Notwithstanding
the requirements of paragraph (k)(1) of
this section,
(i) A catcher vessel or catcher/processor vessel that does not exceed 26 ft
(7.9 m) LOA may conduct directed fishing for license limitation groundfish in
the GOA without a groundfish license;

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50 CFR Ch. VI (10–1–23 Edition)

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

(B) Modification of license MLOA for
groundfish licenses with a Pacific cod endorsement in the GOA. (1) A groundfish
license with a specified MLOA less
than or equal to 50 feet prior to April
21, 2011 that subsequently receives a
Pacific cod endorsement in the GOA
with a catcher vessel and pot gear designation as specified under paragraph
(k)(10) of this section will be redesignated with an MLOA of 50 feet on the
date that the Pacific cod endorsement
is assigned to that groundfish license;
(2) A groundfish license with a specified MLOA greater than or equal to 60
feet:
(i) That was continuously assigned to
a single vessel less than 60 feet LOA
from January 1, 2002, through December 8, 2008; and
(ii) That met the landing thresholds
applicable for a groundfish license with
a specified MLOA of less than 60 feet
for the specific gear designation(s) and
regulatory area(s) applicable to that
groundfish license as described in paragraph (k)(10) of this section, will be redesignated with an MLOA equal to the
LOA of the vessel to which that
groundfish license was assigned from
January 1, 2002, through December 8,
2008, based on the LOA for that vessel
in NMFS’ non-trawl gear recent participation official record on April 21,
2011, or as specified by a marine survey
conducted by an independent certified
marine surveyor or naval architect
provided that the license holder provides NMFS with a marine survey conducted by an independent certified marine surveyor or naval architect not
later than 90 days after April 21, 2011
that specifies the LOA of the vessel to
which that groundfish license was assigned.
(3) The MLOA specified on a groundfish
license
under
paragraph
(k)(3)(i)(B)(2) of this section may not
exceed 60 feet.
(C) Modification of the MLOA on an
Amendment 80 LLP license or an Amendment 80 LLP/QS license. The MLOA designated on an Amendment 80 LLP license or an Amendment 80 LLP/QS license will be 295 ft. (89.9 m) if an
Amendment 80 replacement vessel is
designated on the license following the
approval of a license transfer request
under paragraph (k)(7) of this section.

562

Fishery Conservation and Management

§ 679.4

(D) Modification of the MLOA on a
groundfish LLP license listed in column A
of Table 9 to this part. (1) Each groundfish LLP license endorsed to catch and
process Pacific cod with hook-and-line
gear in the BS or AI, or both, and designated in column B of Table 9 to this
part will receive a 220-foot (67 m)
MLOA following February 6, 2014.
(2) Each groundfish LLP license endorsed to catch and process Pacific cod
with hook-and-line gear in the BS or
AI, or both, and designated in column
C of Table 9 to this part is eligible to
be assigned a 220-foot (67 m) MLOA if
the LLP holder submits a timely written request to remove all pot gear Pacific cod endorsements on that LLP
following the process established under
paragraph (k)(6)(xi) of this section.
(E) Exemption from MLOA on an LLP
license with a Bering Sea area endorsement or an Aleutian Islands area endorsement for AFA rebuilt or AFA replacement
vessels. An AFA rebuilt vessel or an
AFA replacement vessel may exceed
the MLOA on an LLP groundfish license with a Bering Sea area endorsement or an Aleutian Islands area endorsement when the vessel is conducting directed fishing for groundfish
in the BSAI pursuant to that LLP
groundfish license and when the exemption is specified on the LLP license.
(ii) Vessel designations—(A) Catcher/
processor vessel. A license will be assigned a catcher/processor vessel designation if:
(1) For license limitation groundfish,
license limitation groundfish were
processed on the vessel that qualified
for the groundfish license under paragraph (k)(4) of this section during the
period January 1, 1994, through June 17,
1995, or in the most recent calendar
year of participation during the area
endorsement qualifying period specified in paragraph (k)(4)(ii) of this section; or
(2) For crab species, crab species were
processed on the vessel that qualified
for the crab species license under paragraph (k)(5) of this section during the
period January 1, 1994, through December 31, 1994, or in the most recent calendar year of participation during the
area endorsement qualifying period

specified in paragraph (k)(5)(ii) of this
section.
(3) For purposes of paragraphs
(k)(3)(ii)(A)(1) and (k)(3)(ii)(A)(2) of this
section, evidence of processing must be
demonstrated by production reports or
other
valid
documentation
demonstrating that processing occurred on
the vessel during the relevant period.
(B) Catcher vessel. A license will be
assigned a catcher vessel designation if
it does not meet the criteria in paragraph (k)(3)(ii)(A)(1) or (k)(3)(ii)(A)(2)
of this section to be assigned a catcher/
processor vessel designation.
(C) Changing a vessel designation. A
person who holds a groundfish license
or a crab species license with a catcher/
processor vessel designation may, upon
request to the Regional Administrator,
have the license reissued with a catcher vessel designation. The vessel designation change to a catcher vessel will
be permanent, and that license will be
valid for only those activities specified
in the definition of catcher vessel designation at § 679.2.
(D) Limited processing by catcher vessels. Up to 1 mt of round weight equivalent of license limitation groundfish or
crab species may be processed per day
on a vessel less than or equal to 60 ft
(18.3 m) LOA that is authorized to fish
with an LLP license with a catcher
vessel designation.
(iii) Vessel length categories. A vessel’s
eligibility will be determined using the
following three vessel length categories, which are based on the vessel’s
LOA on June 17, 1995, or, if the vessel
was under reconstruction on June 17,
1995, the vessel’s length on the date
that reconstruction was completed.
(A) Vessel length category ‘‘A’’ if the
LOA of the qualifying vessel on the relevant date was equal to or greater than
125 ft (38.1 m) LOA.
(B) Vessel length category ‘‘B’’ if the
LOA of the qualifying vessel on the relevant date was equal to or greater than
60 ft (18.3 m) but less than 125 ft (38.1
m) LOA.
(C) Vessel length category ‘‘C’’ if the
LOA of the qualifying vessel on the relevant date was less than 60 ft (18.3 m)
LOA.
(iv) Gear designations for groundfish licenses—(A) General. A vessel may only

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50 CFR Ch. VI (10–1–23 Edition)

use gear consistent with the gear designation on the LLP license authorizing the use of that vessel to fish for
license limitation groundfish or crab
species, except that a vessel fishing
under authority of an LLP license endorsed only for trawl gear may fish for
slope rockfish with non-trawl gear
within the Gulf of Alaska Slope Habitat Conservation Areas, as described in
Table 27 to this part.
(B) Trawl/non-trawl. A license will be
assigned a trawl/non-trawl gear designation if trawl and non-trawl gear
were used to harvest LLP species from
the qualifying vessel during the period
beginning January 1, 1988, through
June 17, 1995.
(C) Trawl. A license will be assigned a
trawl gear designation if only trawl
gear was used to harvest LLP species
from the qualifying vessel during the
period beginning January 1, 1988,
through June 17, 1995.
(D) Non-trawl. A license will be assigned a non-trawl gear designation if
only non-trawl gear was used to harvest LLP species from the qualifying
vessel during the period beginning January 1, 1988, through June 17, 1995.
(E) Changing a gear designation. (1) An
applicant may request a change of gear
designation based on gear used from
the vessel during the period beginning
June 18, 1995, through February 7, 1998.
Such a change would be permanent and
may only be used for a change from
trawl to non-trawl or from non-trawl
to trawl.
(2) An applicant may request a
change of gear designation based on a
significant financial investment in
converting a vessel or purchasing fishing gear on or before February 7, 1998,
and making a documented harvest with
that gear on or before December 31,

1998. Such a change would be permanent and may only be used for a change
from trawl to non-trawl or from nontrawl to trawl.
(F) Definitions of non-trawl gear and
significant financial investment. (1) For
purposes of paragraph (k)(3)(iv) of this
section, non-trawl gear means any
legal gear, other than trawl, used to
harvest license limitation groundfish.
(2) For purposes of paragraph
(k)(3)(iv)(E)(2) of this section, ‘‘significant financial investment’’ means having spent at least $100,000 toward vessel
conversion and/or gear to change to
trawl gear from non-trawl gear, or having acquired groundline, hooks, pots,
jig machines, or hauling equipment to
change to non-trawl gear from trawl
gear.
(4) Qualifications for a groundfish license. A groundfish license will be
issued to an eligible applicant that
meets the criteria in paragraphs
(k)(4)(i) and (k)(4)(ii) of this section.
For purposes of the license limitation
program, evidence of a documented
harvest must be demonstrated by a
state catch report, a Federal catch report, or other valid documentation
that indicates the amount of license
limitation groundfish harvested, the
groundfish reporting area in which the
license limitation groundfish was harvested, the vessel and gear type used to
harvest the license limitation groundfish, and the date of harvesting, landing, or reporting. State catch reports
are Alaska, California, Oregon, or
Washington fish tickets. Federal catch
reports are production reports required
under § 679.5.
(i) General qualification periods (GQP).
This table provides the GQP documented harvest requirements for LLP
groundfish licenses:

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Fishery Conservation and Management
A groundfish license
will be assigned...

§ 679.4

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

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

the BSAI or waters shoreward of the BSAI

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

the GOA or in waters shoreward of the GOA

during the period...

(1) Beginning January 1, 1988, through June 27, 1992; or
(2) Beginning January 1, 1988, through December 31,
1994, provided that the harvest was of license limitation
groundfish using pot or jig gear from a vessel that was
less than 60 ft (18.3 m) LOA; or
(3) Beginning January 1, 1988, through June 17, 1995,
provided that, during the period beginning January 1,
1988, through February 9, 1992, a documented harvest
of crab species was made from the vessel, and, during
the period beginning February 10, 1992, through December 11, 1994, a documented harvest of groundfish
species, except sablefish landed using fixed gear, was
made from the vessel in the GOA or the BSAI using
trawl or longline gear.
(1) Beginning January 1, 1988, through June 27, 1992; or
(2) Beginning January 1, 1988, through December 31,
1994, provided that the harvest was of license limitation
groundfish using pot or jig gear from a vessel that was
less than 60 ft (18.3 m) LOA; or
(3) Beginning January 1, 1988, through June 17, 1995,
provided that, during the period beginning January 1,
1988, through February 9, 1992, a documented harvest
of crab species was made from the vessel, and, during
the period beginning February 10, 1992, through December 11, 1994, a documented harvest landing of
groundfish species, except sablefish landed using fixed
gear, was made from the vessel in the GOA or the
BSAI using trawl or longline gear.

(ii) Endorsement qualification periods (EQP). This table provides the documented
harvest requirements for LLP groundfish license area endorsements:
A groundfish
license will be
assigned...
(A) An Aleutian
Island area
endorsement
(B) A Bering
Sea area endorsement
(C) A Western
Gulf area
endorsement

(D) A Western
Gulf area
endorsement
(E) A Western
Gulf area
endorsement

(F) A Western
Gulf area
endorsement
(G) A Western
Gulf area
endorsement

from a vessel
in vessel length
category...

and that meets
the requirements
for a...

the Aleutian Islands
Subarea or in
waters shoreward
of that area.
the Bering Sea Subarea or in waters
shoreward of that
area.
the Western GOA
regulatory area or
in waters shoreward
of that area.

‘‘A’’, ‘‘B’’, or ‘‘C’’

catcher/ processor
designation or a
catcher vessel
designation.
catcher/ processor
designation or a
catcher vessel
designation.
catcher/ processor
designation or a
catcher vessel
designation; or

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

‘‘B’’

catcher vessel
designation; or

‘‘B’’

catcher/processor
vessel designation; or

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

‘‘B’’

catcher/processor
vessel designation; or

‘‘C’’

catcher/processor
designation or a
catcher vessel
designation.

if...

during the period...

in...

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

beginning January
1, 1992, through
June 17, 1995.
beginning January
1, 1992, through
June 17, 1995.
beginning January
1, 1992, through
June 17, 1995.

beginning January
1, 1992, through
June 17, 1995.
beginning January
1, 1992, through
June 17, 1995.

beginning January
1, 1995, through
June 17, 1995.
beginning January
1, 1992, through
June 17, 1995.

565

‘‘A’’, ‘‘B’’, or ‘‘C’’

‘‘A’’

§ 679.4
A groundfish
license will be
assigned...

50 CFR Ch. VI (10–1–23 Edition)
if...

during the period...

in...

(H) A Central
Gulf area
endorsement

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

beginning January
1, 1992, through
June 17, 1995.

(I) A Central
Gulf area
endorsement

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

beginning January
1, 1992, through
June 17, 1995.

(J) A Central
Gulf area
endorsement

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

beginning January
1, 1995, through
June 17, 1995.

(K) A Central
Gulf area
endorsement

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

beginning January
1, 1992, through
June 17, 1995.

(L) A Southeast Outside
area endorsement

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

beginning January
1, 1992, through
June 17, 1995.

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

(M) A Southeast Outside
area endorsement

(N) A Southeast Outside
area endorsement
(O) A Southeast Outside
area endorsement

from a vessel
in vessel length
category...

and that meets
the requirements
for a...

‘‘A’’

catcher/processor
designation or a
catcher vessel
designation; or

‘‘B’’

catcher/processor
designation or a
catcher vessel
designation; or

‘‘B’’

catcher/processor
designation or a
catcher vessel
designation; or

‘‘C’’

catcher/processor
designation or a
catcher vessel
designation.

‘‘A’’

catcher/processor
designation or a
catcher vessel
designation; or

beginning January
1, 1992, through
June 17, 1995.

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

‘‘B’’

catcher/processor
designation or a
catcher vessel
designation; or

beginning January
1, 1995, through
June 17, 1995.

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

‘‘B’’

catcher/processor
designation or a
catcher vessel
designation; or
catcher/processor
designation or a
catcher vessel
designation.

beginning January
1, 1992, through
June 17, 1995.

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

‘‘C’’

with the appropriate area endorsements to an eligible applicant whose
vessel meets the requirements in the
table at paragraph (k)(4)(i)(A) of this
section, and the requirements in the
table at any of the paragraphs
(k)(4)(ii)(C) through (O) of this section,
except:
(A) From whose vessel no documented harvests were made in the GOA
or waters shoreward of the GOA during
the period beginning January 1, 1988,
through June 27, 1992, and

566

Fishery Conservation and Management

§ 679.4

(B) From whose vessel no documented harvests were made in the
BSAI or waters shoreward of the BSAI
during the period beginning January 1,
1992, through June 17, 1995.
(v) Notwithstanding the provisions in
paragraph (k)(4)(i) of this section, a
groundfish license with the appropriate
area endorsements will be issued to an
eligible applicant whose vessel meets
the requirements in the tables at paragraphs (k)(4)(i) and (k)(4)(ii) and (A) or
(B) of this section, except:
(A) From whose vessel no documented harvests were made in the
BSAI or waters shoreward of the BSAI
during the period beginning January 1,
1988, through June 27, 1992, and
(B) From whose vessel no documented harvests were made in the GOA
or waters shoreward of the GOA during
the period beginning January 1, 1992,
through June 17, 1995.
(vi) Trawl gear designation recent participation requirements. (A) NMFS will
revoke any trawl gear designation on a
groundfish license with an Aleutian Island, Bering Sea, Central Gulf, or
Western Gulf regulatory area unless
one of the following conditions apply:
(1) A person made at least two legal
landings using trawl gear under the authority of that groundfish license in
that regulatory area during the period
from January 1, 2000, through December 31, 2006; or
(2) That trawl gear designation endorsed in that area is exempt from the
requirements
of
this
paragraph
(k)(4)(vi)(A) as described under paragraphs (k)(4)(vii) or (k)(4)(viii) of this
section.
(B) NMFS shall assign a legal landing
to a groundfish license for an area
based only on information contained in
the official record described in paragraph (k)(4)(x) of this section.
(vii) Exemption to trawl gear recent
participation requirements for the AFA,
Amendment 80 Program, and Rockfish
Program. (A) Trawl gear designations
with Bering Sea or Aleutian Islands
area endorsements on a groundfish license that was derived in whole or in
part from the qualifying fishing history of an AFA vessel are exempt from
the landing requirements in paragraph
(k)(4)(vi) of this section.

(B) Trawl gear designations with Bering Sea or Aleutian Islands area endorsements on a groundfish license are
exempt from the landing requirements
in paragraph (k)(4)(vi) of this section
provided that all of the following conditions apply:
(1) The groundfish license was not derived in whole or in part from the
qualifying fishing history of an AFA
vessel;
(2) The groundfish license is assigned
to an AFA vessel on August 14, 2009;
and
(3) No other groundfish license with a
Bering Sea or Aleutian Island area endorsement is assigned to that AFA vessel on August 14, 2009.
(C) Trawl gear designations with Bering Sea or Aleutian Islands area endorsements on a groundfish license
that is listed in Column C of Table 31
to this part are exempt from the landing
requirements
in
paragraph
(k)(4)(vi) of this section.
(D) A trawl gear designation with
Central Gulf area endorsement on a
groundfish license that is assigned
Rockfish QS is exempt from the landing
requirements
in
paragraph
(k)(4)(vi) of this section.
(viii) Exemption to trawl gear recent
participation requirements for groundfish
licenses with a Central Gulf or Western
Gulf area endorsement. A trawl gear designation with a Central Gulf or Western Gulf area endorsement on a
groundfish license is exempt from the
landing requirements in paragraph
(k)(4)(vi) of this section provided that a
person made at least 20 legal landings
under the authority of that groundfish
license in either the Central Gulf or
Western Gulf area using trawl gear
during the period from January 1, 2005,
through December 31, 2007.
(ix) Aleutian Island area endorsements
for non-AFA trawl catcher vessels. (A) If
a non-AFA catcher vessel that is less
than 60 feet LOA was used to make at
least 500 mt of legal landings of Pacific
cod using trawl gear from the waters
that were open by the State of Alaska
for which it adopts a Federal fishing
season adjacent to the Aleutian Islands
Subarea during the period from January 1, 2000, through December 31, 2006,
according to the official record, NMFS

567

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

shall issue an Aleutian Island area endorsement with a trawl gear designation to a groundfish license assigned to
the vessel owner according to the official record, provided that the groundfish license assigned to that non-AFA
catcher vessel meets all of the following requirements:
(1) It was not derived in whole or in
part from the qualifying fishing history of an AFA vessel;
(2) It has a trawl gear designation;
(3) It does not have a catcher/processor vessel designation; and
(4) That groundfish license has an
MLOA of less than 60 feet.
(B) If a non-AFA catcher vessel that
is equal to or greater than 60 feet LOA
was used to make at least one legal
landing in State of Alaska waters adjacent to the Aleutian Islands Subarea
using trawl gear during the period from
January 1, 2000, through December 31,
2006, or one landing of Pacific cod from
the State of Alaska Pacific cod fishery
during the period from January 1, 2000,
through December 31, 2006, according
to the official record, NMFS shall issue
an Aleutian Island area endorsement
with a trawl gear designation to a
groundfish license assigned to the vessel owner according to the official
record, provided that the groundfish license assigned to that non-AFA catcher vessel meets the following criteria:
(1) It was not derived in whole or in
part from the qualifying fishing history of an AFA vessel;
(2) It has a trawl gear designation;
(3) It does not have a catcher/processor vessel designation; and
(4) At least 1,000 mt of legal landings
of Pacific cod using trawl gear in the
BSAI were made under the authority of
that groundfish license during the period from January 1, 2000, through December 31, 2006, according to the official record.
(C) NMFS will assign the AI endorsement to an eligible groundfish license
held and designated by the vessel
owner beginning on August 14, 2009.
(D) If the vessel owner does not hold
a groundfish license to which an AI endorsement may be assigned on August
14, 2009 according to the official record,
the vessel owner will have the opportunity to amend the official record as
described in paragraph (k)(4)(x) of this

section to designate an otherwise eligible groundfish license. If the official
record is subsequently amended, NMFS
will assign the AI endorsement to the
groundfish license specified in the
amended official record.
(x) Trawl gear recent participation official record. (A) The official record will
contain all information used by the Regional Administrator to determine the
following:
(1) The number of legal landings assigned to a groundfish license for purposes of the trawl gear designation participation requirements described in
paragraph (k)(4)(vi) of this section;
(2) The amount of legal landings assigned to a groundfish license for purposes of the AI endorsements described
in paragraph (k)(4)(ix) of this section;
(3) The owner of a vessel that has
made legal landings that may generate
an AI endorsement as described in
paragraph (k)(4)(ix) of this section; and
(4) All other relevant information
necessary to administer the requirements
described
in
paragraphs
(k)(4)(vi) through (k)(4)(ix) of this section.
(B) The official record is presumed to
be correct. A groundfish license holder
has the burden to prove otherwise. For
the purposes of creating the official
record, the Regional Administrator
will presume the following:
(1) A groundfish license is presumed
to have been used onboard the same
vessel from which that groundfish license was derived, the original qualifying vessel, during the calendar years
2000 and 2001, unless clear and unambiguous written documentation is provided that establishes otherwise;
(2) If more than one person is claiming the same legal landing, then each
groundfish license for which the legal
landing is being claimed will be credited with the legal landing;
(3) The groundfish license to which
an AI endorsement described in paragraph (k)(4)(ix) of this section will be
initially assigned.
(C) Only legal landings as defined in
§ 679.2 and documented on State of
Alaska fish tickets or NMFS weekly
production reports will be used to assign legal landings to a groundfish license.

568

Fishery Conservation and Management

§ 679.4

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

(5) Qualification for a crab species license. A crab species license will be
issued to an eligible applicant who
owned a vessel that meets the criteria
in paragraphs (k)(5)(i), (k)(5)(ii), and
(k)(5)(iii) of this section, except that
vessels are exempt from the requirements in paragraph (k)(5)(i) of this section for area/species endorsements at
paragraphs (A) and (G) in the table at
paragraph (k)(5)(ii) of this section.
(i) General qualification period (GQP).
To qualify for one or more of the area/
species endorsements in the table at
paragraph (k)(5)(ii) of this section, the
requirements of paragraph (k)(5)(iii) of
this section must be met and:
(A) At least one documented harvest
of any amount of crab species must
have been made from a vessel between
January 1, 1988, and June 27, 1992; or
(B) At least one documented harvest
of any amount of crab species must
have been made from a vessel between
January 1, 1988, and December 31, 1994,
providing that, during the period January 1, 1988, through February 9, 1992,
the vessel for which the documented
harvest was made also made a legal
landing of any groundfish species harvested in the GOA or BSAI with any
authorized
gear,
except
sablefish
caught with fixed gear, and, during the
period February 10, 1992, through December 11, 1994, made a legal landing of
any king or Tanner crab species harvested in the Bering Sea and Aleutian
Islands Area.
(ii) Area/species endorsements. This
table provides the documented harvest
requirements for LLP crab license
area/species endorsements:

A crab species license
will be assigned...

if...

during the period...

in...

(A) A Pribilof red king
and Pribilof blue king
area/species endorsement
(B) A Bering Sea and
Aleutian Islands
Area C. opilio and C.
bairdi area/species
endorsement
(C) A St. Matthew blue
king area/species
endorsement

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

beginning January 1, 1993,
through December 31, 1994.

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

beginning January 1, 1992,
through December 31, 1994.

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

beginning January 1, 1992,
through December 31, 1994.

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

beginning January 1, 1992,
through December 31, 1994.

the area described in the definition for a Pribilof red king and
Pribilof blue king area/species
endorsement at § 679.2.
the area described in the definition for a Bering Sea and
Aleutian Islands Area C. opilio
and C. bairdi area/species endorsement at § 679.2.
the area described in the definition for a St. Matthew blue
king area/species endorsement at § 679.2.
the area described in the definition for an Aleutian Islands
brown king area/species endorsement at § 679.2.

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

569

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

A crab species license
will be assigned...

if...

during the period...

in...

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

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

beginning January 1, 1992,
through December 31, 1994.

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

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

beginning January 1, 1991,
through December 31, 1994.

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

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

beginning January 1, 1993,
through December 31, 1994.

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

(iii) Recent participation period
(RPP). (A) The RPP is the period from
January 1, 1996, through February 7,
1998. To qualify for a crab species license, defined at § 679.2, a person must
have made at least one documented
harvest of any amount of LLP crab
species from a vessel during the RPP
and must have held a LLP qualifying
fishing history at the time of that documented harvest. A LLP qualifying
fishing history meets the documented
harvest requirements at paragraphs
(k)(5)(i) and (k)(5)(ii) of this section.
(B) Exceptions to the RPP. A person
does not need to meet the documented
harvest requirements in paragraph
(k)(5)(iii)(A) of this section if he or she
deployed a vessel that met the documented harvest requirements in paragraph (k)(5)(i) of this section, if applicable, paragraph (k)(5)(ii) of this section, and:
(1) Only qualifies area/species endorsement at paragraph (G) in the
table at paragraph (k)(5)(ii).
(2) Those documented harvests were
made from a vessel that meets the requirements for vessel length category
‘‘C’’.
(3) The vessel used to meet the document harvest requirements in paragraphs (k) (5) (i) and (k) (5) (ii) of this
section was lost or destroyed, and he or
she made a documented harvest of crab
species any time during the period beginning after the vessel was lost or destroyed but before January 1, 2000.
(iv) Exception to allow purchase of
LLP qualifying fishing history after
the documented harvest in the RPP. To
qualify for a LLP crab species license,
a person who made a documented harvest of LLP crab species during the period from January 1, 1998, through Feb-

ruary 7, 1998, must have obtained, or
entered into a contract to obtain, the
LLP qualifying fishing history by 8:36
a.m. Alaska local time on October 10,
1998,
(v) A qualified person who owned a
vessel on June 17, 1995, that met the requirements in paragraphs (k)(5)(i) and
(ii) of this section, but whose vessel
was unable to meet requirements of
paragraph (k)(5)(iii) of this section because of unavoidable circumstances
(i.e., the vessel was lost damaged, or
otherwise unable to participate in the
license limitation crab fisheries) may
receive a license if the qualified person
is able to demonstrate that:
(A) The owner of the vessel at the
time of the unavoidable circumstance
held a specific intent to conduct fishing for license limitation crab species
with that vessel during a specific time
period in a specific area;
(B) The specific intent to conduct directed fishing for license limitation
crab species was thwarted by a circumstance that was:
(1) Unavoidable;
(2) Unique to the owner of that vessel, or unique to that vessel; and
(3) Unforeseen and reasonably unforeseeable to the owner of the vessel;
(C) The circumstance that prevented
the owner from conducting directed
fishing for license limitation crab species actually occurred;
(D) Under the circumstances, the
owner of the vessel took all reasonable
steps to overcome the circumstances
that prevented the owner from conducting directed fishing for license limitation crab species; and
(E) Any amount of license limitation
crab species was harvested on the vessel after the vessel was prevented from

570

Fishery Conservation and Management

§ 679.4

participating but before January 1,
2000.
(vi) A groundfish license or crab species license may be used on a vessel
that is named on the license, that complies with the vessel designation, and
that does not exceed the MLOA on the
license.
(6) Application for a groundfish license
or a crab species license—(i) General. The
Regional Administrator will issue a
groundfish license or a crab species license to an applicant if a complete application is submitted by or on behalf
of the applicant during the specified
application period, and if that applicant meets all the criteria for eligibility in paragraph (k) of this section.
An application that is postmarked or
delivered after the ending date for the
application period for the License Limitation Program specified in the FEDERAL REGISTER will be denied. An application form will be sent to the last
known address of a person identified as
an eligible applicant by the official
LLP record. An application form may
be requested from the Regional Administrator.
(ii) Application period. An application
period of no less than 90 days will be
specified by notification in the FEDERAL REGISTER and other information
sources deemed appropriate by the Regional Administrator.
(iii) Contents of application. To be
complete, an application for a groundfish license or a crab species license
must be signed by the applicant, or the
individual representing the applicant,
and contain the following, as applicable:
(A) Name, business address, telephone number, and FAX number of the
applicant;
(B) Name, state registration number
(e.g., ADF&G number), and, if applicable, the USCG documentation number
of the vessel being used as the basis for
eligibility for a license; and name,
state
registration
number
(e.g.,
ADF&G number), and, if applicable, the
USCG documentation number of the
vessel to be deployed with the license if
different than the vessel used as the
basis of eligibility for a license;
(C) Name of the managing company,
if any;

(D) Valid evidence of the documented
harvests that are the basis of eligibility for a license, including harvest
area, gear used, date of landing, and, if
applying for a crab species license, species;
(E) Valid evidence of LOA on June 24,
1992, of the vessel used as the basis of
eligibility for a license, except if that
vessel was under reconstruction on
that date, valid evidence of LOA on the
date reconstruction was completed and
valid evidence of when reconstruction
began and ended;
(F) Valid evidence of LOA on June 17,
1995, of the vessel used as the basis of
eligibility for a license, except if that
vessel was under reconstruction on
that date, valid evidence of LOA on the
date reconstruction was completed,
and valid evidence of when reconstruction began and ended;
(G) Valid evidence to support the applicant’s claim for a vessel designation
of catcher vessel or catcher/processor
vessel;
(H) Valid evidence of ownership of
the vessel being used as the basis for
eligibility for a license (for USCG documented vessels, valid evidence must be
the USCG Abstract of Title), or if eligibility is based on a fishing history that
has been separated from a vessel, valid
evidence of ownership of the fishing
history being used as the basis of eligibility for a license; and
(I) Valid evidence of the LOA of the
vessel to be deployed by the license if
different than the vessel used as the
basis for eligibility for a license.
(iv) Other information required for special circumstances.
(A) Successor-in-interest. If an applicant is applying as the successor-in-interest to an eligible applicant, an application, to be complete, also must
contain valid evidence proving the applicant’s status as a successor-in-interest to that eligible applicant and:
(1) Valid evidence of the death of that
eligible applicant at the time of application, if the eligible applicant was or
is an individual; or
(2) Valid evidence that the eligible
applicant is no longer in existence at
the time of application, if the eligible
applicant is not an individual.
(B) Norton Sound crab species license
endorsement. If an applicant is applying

571

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

for a crab species license endorsement
for Norton Sound and if the applicant
is a person, an application, to be complete, must contain valid evidence that
the applicant was a State of Alaska
permit holder for the Norton Sound
king crab summer fishery in 1993 or
1994. If the applicant is a corporation,
an application, to be complete, must
contain valid evidence that the corporation owned or had a lease for a vessel on June 17, 1995, that participated
in the Norton Sound king crab summer
fishery in 1993 or 1994.
(C) Extended general qualification period. If an applicant is applying for a license based on meeting the general
qualification period requirements of
paragraph
(k)(4)(i)(A)(2)
or
(k)(4)(i)(B)(2) of this section, the application, to be complete, must indicate
which single endorsement area the applicant has selected for license. A license cannot be endorsed for more than
one area, notwithstanding the fact that
the applicant may have the documented harvests to qualify for more
than one endorsement area.
(D) Unavoidable circumstances. If a
person is claiming that unavoidable
circumstances prevented him or her
from meeting certain eligibility requirements for a license under paragraph (k) of this section, he or she
must provide the information required
in the particular paragraph of this section authorizing such a claim, and include valid evidence of the date the
vessel was lost, damaged, or otherwise
unable to participate in the fishery,
and the date a documented harvest was
made after the vessel was unable to
participate in the fishery by the unavoidable circumstance.
(v) Application evaluation. The Regional Administrator will evaluate an
application submitted during the specified application period and compare all
claims in the application with the information in the official LLP record.
Claims in the application that are consistent with information in the official
LLP record will be accepted by the Regional
Administrator.
Inconsistent
claims in the application, unless
verified by evidence, will not be accepted. Pursuant to paragraph (k)(6)(vii) of
this section, an applicant who submits
inconsistent claims, or an applicant

who fails to submit the information
specified in paragraphs (k)(6)(iii) and
(k)(6)(iv) of this section, will be provided a 60-day evidentiary period pursuant to paragraph (k)(6)(vii) of this
section to submit the specified information, submit evidence to verify his
or her inconsistent claims, or submit a
revised application with claims consistent with information in the official
LLP record. An applicant who submits
claims that are inconsistent with information in the official LLP record has
the burden of proving that the submitted claims are correct.
(vi) Additional information or evidence.
The Regional Administrator will evaluate additional information or evidence
to support an applicant’s inconsistent
claims submitted within the 60-day evidentiary period pursuant to paragraph
(k)(6)(vii) of this section. If the Regional Administrator determines that
the additional information or evidence
meets the applicant’s burden of proving
that the inconsistent claims in his or
her application is correct, the official
LLP record will be amended and the information will be used in determining
whether the applicant is eligible for a
license. However, if the Regional Administrator determines that the additional information or evidence does not
meet the applicant’s burden of proving
that the inconsistent claims in his or
her application is correct, the applicant will be notified by an initial administrative determination, pursuant
to paragraph (k)(6)(viii) of this section,
that the applicant did not meet the
burden of proof to change the information in the official LLP record.
(vii) 60-day evidentiary period. The Regional Administrator will specify by
letter a 60-day evidentiary period during which an applicant may provide additional information or evidence to
support the claims made in his or her
application, or to submit a revised application with claims consistent with
information in the official LLP record,
if the Regional Administrator determines that the applicant did not meet
the burden of proving that the information on the application is correct
through evidence provided with the application. Also, an applicant who fails
to submit information as specified in
paragraphs (k)(6)(iii) and (k)(6)(iv) of

572

Fishery Conservation and Management

§ 679.4

this section will have 60 days to provide that information. An applicant
will be limited to one 60-day evidentiary period. Additional information or evidence, or a revised application, received after the 60-day evidentiary period specified in the letter
has expired will not be considered for
purposes of the initial administrative
determination.
(viii) Initial administrative determinations (IAD). The Regional will prepare
and send an IAD to the applicant following the expiration of the 60-day evidentiary period if the Regional Administrator determines that the information or evidence provided by the applicant fails to support the applicant’s
claims and is insufficient to rebut the
presumption that the official LLP
record is correct, or if the additional
information, evidence, or revised application is not provided within the time
period specified in the letter that notifies the applicant of his or her 60-day
evidentiary period. The IAD will indicate the deficiencies in the application,
including any deficiencies with the information, the evidence submitted in
support of the information, or the revised application. The IAD will also indicate which claims cannot be approved based on the available information or evidence. An applicant who receives an IAD may appeal pursuant to
§ 679.43. An applicant who avails himself or herself of the opportunity to appeal an IAD will not receive a transferable license until after the final resolution of that appeal, notwithstanding
the eligibility of that applicant for
some claims based on consistent information in the application.
(ix) Issuance of a non-transferable license. The Regional Administrator will
issue a non-transferable license to the
applicant on issuance of an IAD if required by the license renewal provisions of 5 U.S.C. 558. A non-transferable
license authorizes a person to deploy a
vessel to conduct directed fishing for
license limitation groundfish or crab
species as specified on the non-transferable license, and will have the specific endorsements and designations
based on the claims in his or her application. A non-transferable license will
expire upon final agency action.

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

573

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

paragraph (k)(7)(viii)(A) of this section,
or a crab species license if a complete
transfer application is submitted to
Restricted Access Management, Alaska
Region, NMFS, and if the transfer
meets the eligibility criteria as specified in paragraph (k)(7)(ii) of this section. A transfer application form may
be requested from the Regional Administrator.
(ii) Eligibility criteria for transfers. A
groundfish license, Aleutian Island
area endorsement as described under
paragraph (k)(7)(viii)(A) of this section,
or crab species license can be transferred if the following conditions are
met:
(A) The designated transferee is eligible to document a fishing vessel under
Chapter 121, Title 46, U.S.C.;
(B) The parties to the transfer do not
have any fines, civil penalties, other
payments due and outstanding, or outstanding permit sanctions resulting
from Federal fishing violations;
(C) The transfer will not cause the
designated transferee to exceed the license caps in § 679.7(i); and
(D) The transfer does not violate any
other provision specified in this part.
(iii) Contents of application. To be
complete, an application for a groundfish license, Aleutian Island area endorsement as described under paragraph (k)(7)(viii)(A) of this section
transfer, or a crab species license
transfer must be legible, have dated
signatures of the applicants, and the
applicants must attest that, to the best
of the applicant’s knowledge, all statements in the application are true. An
application to transfer will be provided
by NMFS, or is available on the NMFS
Alaska Region website at http://
alaskafisheries.noaa.gov. The acceptable
submittal methods will be specified on
the application form.
(iv) Incomplete applications. The Regional Administrator will return an incomplete transfer application to the
applicant and identify any deficiencies
if the Regional Administrator determines that the application does not
meet all the criteria identified in paragraph (k)(7) of this section.
(v) Transfer by court order, operation of
law, or as part of a security agreement.
The Regional Administrator will transfer a groundfish license, Aleutian Is-

land area endorsement as described
under paragraph (k)(7)(viii)(A) of this
section, or a crab species license based
on a court order, operation of law, or a
security agreement if the Regional Administrator determines that the transfer application is complete and the
transfer will not violate any of the provisions of this section.
(vi) Voluntary transfer limitation. A
groundfish license, Aleutian Island
area endorsement as described under
paragraph (k)(7)(viii)(A) of this section,
or a crab species license may be voluntarily transferred only once in any calendar year. A voluntary transfer is a
transfer other than one pursuant to a
court order, operation of law, or a security agreement. An application for
transfer that would cause a person to
exceed the transfer limit of this provision will not be approved. A transfer of
an Aleutian Island area endorsement as
described
under
paragraph
(k)(7)(viii)(A) of this section to another
LLP license, or the transfer of a
groundfish license with an Aleutian Island area endorsement as described
under paragraph (k)(7)(viii)(A) of this
section attached to it will be considered to be a transfer of that Aleutian
Island area endorsement.
(vii) Request to change the designated
vessel. (A) A request to change the vessel designated on an LLP groundfish or
crab species license must be made on a
transfer application. If this request is
approved and made separately from a
license transfer, it will count towards
the annual limit on voluntary transfers
specified in paragraph (k)(7)(vi) of this
section.
(B) A request to change the vessel
designated on an Amendment 80 LLP
license or an Amendment 80 LLP/QS license must be made on an Application
for Amendment 80 Replacement Vessel
in accordance with § 679.4(o)(4)(ii). The
MLOA modification specified at paragraph (k)(3)(i)(C) of this section will be
effective when a complete application
is submitted to NMFS in accordance
with paragraph (k)(7) of this section,
and the application is approved by the
Regional Administrator.
(viii) Severability of licenses. (A) Area
endorsements or area/species endorsements specified on a license are not
severable from the license and must be

574

Fishery Conservation and Management

§ 679.4

transferred together, except that Aleutian Island area endorsements on a
groundfish license with a trawl gear
designation issued under the provisions
of paragraph (k)(4)(ix)(A) of this section and that are assigned to a groundfish license with an MLOA of less than
60 feet LOA may be transferred separately from the groundfish license to
which that Aleutian Island area endorsement was originally issued to another groundfish license provided that
the groundfish license to which that
Aleutian Island endorsement is transferred:
(1) Was not derived in whole or in
part from the qualifying fishing history of an AFA vessel;
(2) Has a catcher vessel designation;
(3) Has a trawl gear designation;
(4) Has an MLOA of less than 60 feet
LOA; and
(5) A complete transfer application is
submitted to the Regional Administrator as described under this paragraph (k)(7), and that application is approved.
(B) A groundfish license and a crab
species license issued based on the
legal landings of the same vessel and
initially issued to the same qualified
person are not severable and must be
transferred together.
(ix) Other transfer restrictions. The
transfer of a LLP license that was
issued based on the documented harvests from a vessel that did not have
an FFP during the period beginning
January 1, 1988, through October 8,
1998, must be accompanied by the vessel from which the documented harvests were made or its replacement
vessel, or if the LLP license and vessel
were separated by transfer prior to
February 7, 1998, then by the vessel
that is currently being deployed by the
license holder. The Regional Administrator will deny a transfer application
that requests the transfer of a LLP license that was issued based on the documented harvests from a vessel that
did not have an FFP during the period
beginning January 1, 1988, through October 8, 1998, if the appropriate vessel is
not being transferred as part of the
same transaction. A license holder of
an LLP license that was issued based
on the documented harvests from a
vessel that did not have an FFP during

the period beginning January 1, 1988,
through October 8, 1998, may replace
the vessel from which the documented
harvests were made with another vessel that meets the vessel designation
and MLOA requirements specified on
the LLP license if the original qualifying vessel is lost or destroyed.
(8) Other provisions. (i) Any person
committing, or a fishing vessel used in
the commission of, a violation of the
Magnuson-Stevens Fishery Conservation and Management Act or any regulations issued pursuant thereto, is subject to the civil and criminal penalty
provisions and the civil forfeiture provisions of the Magnuson-Stevens Fishery Conservation and Management Act,
part 621 of this chapter, 15 CFR part 904
(Civil Procedure), and other applicable
law. Penalties include, but are not limited to, permanent or temporary sanctions to licenses.
(ii) Notwithstanding the provisions of
the license limitation program in this
part, vessels fishing for species other
than license limitation groundfish as
defined in § 679.2 that were authorized
under Federal regulations to incidentally catch license limitation groundfish without a Federal fisheries permit
described at § 679.4(b) will continue to
be authorized to catch the maximum
retainable bycatch amounts of license
limitation groundfish as provided in
this part without a groundfish license.
(iii) An eligible applicant, who qualifies for a groundfish license or crab
species license but whose vessel on
which the eligible applicant’s qualification was based was lost or destroyed,
will be issued a license. This license:
(A) Will have the vessel designation
of the lost or destroyed vessel.
(B) Cannot be used to conduct directed fishing for license limitation
groundfish or to conduct directed fishing for crab species on a vessel that has
an LOA greater than the MLOA designated on the license.
(iv) A qualified person who owned a
vessel on June 17, 1995, that made a
documented harvest of license limitation groundfish, or crab species if applicable, between January 1, 1988, and
February 9, 1992, but whose vessel was
unable to meet all the criteria in paragraph (k)(4) of this section for a
groundfish license or paragraph (k)(5)

575

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

of this section for a crab species license
because
of
an
unavoidable
circumstance (i.e., the vessel was lost,
damaged, or otherwise unable to participate in the license limitation
groundfish or crab fisheries) may receive a license if the qualified person is
able to demonstrate that:
(A) The owner of the vessel at the
time of the unavoidable circumstance
held a specific intent to conduct directed fishing for license limitation
groundfish or crab species with that
vessel during a specific time period in
a specific area.
(B) The specific intent to conduct directed fishing for license limitation
groundfish or crab species with that
vessel was thwarted by a circumstance
that was:
(1) Unavoidable.
(2) Unique to the owner of that vessel, or unique to that vessel.
(3) Unforeseen and reasonably unforeseeable to the owner of the vessel.
(C) The circumstance that prevented
the owner from conducting directed
fishing for license limitation groundfish or crab species actually occurred.
(D) Under the circumstances, the
owner of the vessel took all reasonable
steps to overcome the circumstance
that prevented the owner from conducting directed fishing for license limitation groundfish or crab species.
(E) Any amount of license limitation
groundfish or appropriate crab species

was harvested on the vessel in the specific area that corresponds to the area
endorsement or area/species endorsement for which the qualified person
who owned a vessel on June 17, 1995, is
applying and that the license limitation groundfish or crab species was
harvested after the vessel was prevented from participating by the unavoidable circumstance but before
June 17, 1995.
(v) A groundfish license or a crab species license may be used on a vessel
that complies with the vessel designation on the license and that does not
exceed the MLOA on the license.
(9) Pacific cod endorsements in the
BSAI—(i) General. In addition to other
requirements of this part, and unless
specifically exempted in paragraph
(k)(9)(iv) of this section, a license holder must have a Pacific cod endorsement on his or her groundfish license
to conduct directed fishing for Pacific
cod with hook-and-line or pot gear in
the BSAI. A license holder can only use
the specific non-trawl gear(s) indicated
on his or her license to conduct directed fishing for Pacific cod in the
BSAI.
(ii) Eligibility requirements for a Pacific
cod endorsement. This table provides eligibility requirements for Pacific cod
endorsements on an LLP groundfish license:

If a license holder’s license has a . . .

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

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

(A) Catcher vessel designation.

Hook-and-line gear or
jig gear.

7.5 mt of Pacific cod in
the BSAI.

(B) Catcher vessel designation.

Pot gear or jig gear .......

100,000 lb of Pacific
cod in the BSAI.

(C) Catcher/processor
vessel designation.

Hook-and-line gear .......

270 mt of Pacific cod in
the BSAI.

(D) Catcher/processor
vessel designation.

Pot gear ........................

300,000 lb of Pacific
cod in the BSAI.

(iii) Explanations for Pacific cod endorsements. (A) All eligibility amounts
in the table at paragraph (k)(9)(ii) of
this section will be determined based
on round weight equivalents.

In . . .

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

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

Pot gear.

Hook-and-line gear.

Pot gear.

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

576

Fishery Conservation and Management

§ 679.4

(C) Pacific cod harvested for personal
bait use will not count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section.
(D) A legal landing of Pacific cod in
the BSAI for commercial bait will
count toward eligibility amounts in
the table at paragraph (k)(9)(ii) of this
section.
(E) Harvests within the BSAI will
count toward eligibility amounts in
the table at paragraph (k)(9)(ii) of this
section; however, a license holder will
only be able to harvest Pacific cod in
the specific areas in the BSAI for
which he or she has an area endorsement.
(F) Harvests within the BSAI Would
count toward eligibility amounts in
the table at paragraph (k)(9)(ii) of this
section if:
(1) Those harvests were made from
the vessel that was used as the basis of
eligibility for the license holder’s LLP
groundfish license, or
(2) Those harvests were made from a
vessel that was not the vessel used as
the basis of eligibility for the license
holder’s LLP groundfish license, provided that, at the time the endorsement-qualifying Pacific cod harvests
were made, the person who owned such
Pacific cod endorsement-qualifying
fishing history also owned the fishing
history of a vessel that satisfied the requirements for the LLP groundfish license.
(3) Notwithstanding the provisions of
paragraph (k)(9)(iii)(F)(2) of this section, the LLP groundfish license qualifying history or the Pacific cod qualifying history of any one vessel may not
be used to satisfy the requirements for
issuance of more than one LLP groundfish license endorsed for the BSAI Pacific cod hook-and-line or pot gear fisheries.
(G) Except as provided in paragraph
679.4(k)(9)(iii)(D), only harvests of
BSAI Pacific cod in the directed fishery will count toward eligibility
amounts.
(iv) Exemptions to Pacific cod endorsements. (A) Any vessel exempted from
the License Limitation Program at
paragraph (k)(2) of this section.
(B) Any catcher vessel less than 60 ft
(18.3 m) LOA.

(C) Any catch of Pacific cod for personal use bait.
(v) Combination of landings and hardship provision. Notwithstanding the eligibility requirements in paragraph
(k)(9)(ii) of this section, a license holder may be eligible for a Pacific cod endorsement by meeting the following
criteria.
(A) Combination of landings. A license
holder may combine the landings of a
sunken vessel and the landings of a
vessel obtained to replace a sunken
vessel
to
satisfy
the
eligibility
amounts in the table at paragraph
(k)(9)(ii) of this section only if he or
she meets the requirements in paragraphs (k)(9)(v)(A)(1)–(4) of this section.
No other combination of landings will
satisfy the eligibility amounts in the
table at paragraph (k)(9)(ii) of this section.
(1) The sunken vessel was used as the
basis of eligibility for the license holder’s groundfish license;
(2) The sunken vessel sank after January 1, 1995;
(3) The vessel obtained to replace the
sunken vessel was obtained by December 31 of the year 2 years after the
sunken vessel sank; and
(4) The length of the vessel obtained
to replace the sunken vessel does not
exceed the MLOA specified on the license holder’s groundfish license.
(B) Hardship provision. A license holder may be eligible for a Pacific cod endorsement because of unavoidable circumstances if he or she meets the requirements
in
paragraphs
(k)(9)(v)(B)(1)–(4) of this section. For
purposes of this hardship provision, the
term license holder includes the person
whose landings were used to meet the
eligibility requirements for the license
holder’s groundfish license, if not the
same person.
(1) The license holder at the time of
the unavoidable circumstance held a
specific intent to conduct directed fishing for BSAI Pacific cod in a manner
sufficient to meet the landing requirements in the table at paragraph
(k)(9)(ii) of this section but that this
intent was thwarted by a circumstance
that was:
(i) Unavoidable;
(ii) Unique to the license holder, or
unique to the vessel that was used as

577

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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

And the
license holder
harvested
Pacific cod
with * * *

(A) Catcher vessel
designation.

<60 feet ...

hook-and-line
gear.

(B) Catcher vessel
designation.

≥60 feet ...

hook-and-line
gear.

(C) Catcher vessel
designation.

<60 feet ...

hook-and-line
gear.

(D) Catcher vessel
designation.

≥60 feet ...

hook-and-line
gear.

(E) Catcher vessel
designation.

<60 feet ...

pot gear .......

(F) Catcher vessel
designation.

≥60 feet ...

pot gear .......

(G) Catcher vessel
designation.

<60 feet ...

pot gear .......

(H) Catcher vessel
designation.

≥60 feet ...

pot gear .......

(I) Catcher vessel designation.

any ..........

jig gear .........

(J) Catcher vessel
designation.

any ..........

jig gear .........

(K) Catcher/Processor
vessel designation.

any ..........

hook-and-line
gear.

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

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

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

legally landed at least 10 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 10 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 10 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 10 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
at least one legal landing of
Pacific cod in the directed
Pacific cod fishery.
at least one legal landing of
Pacific cod in the directed
Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.

578

From
January 1, 2002,
through
December 8, 2008,
in * * *

To receive a Pacific
cod endorsement
that authorizes
harvest in the
directed Pacific cod
fishery with * * *

the Central Gulf of
Alaska.

the Central Gulf of
Alaska.

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

the Central Gulf of
Alaska.

pot gear in the Central Gulf of Alaska.

the Western Gulf
of Alaska.

the Central Gulf of
Alaska.

pot gear in the
Western Gulf of
Alaska.
pot gear in the
Western Gulf of
Alaska.
jig gear in the Central Gulf of Alaska.

the Western Gulf
of Alaska.

jig gear in the Western Gulf of Alaska.

the Central Gulf of
Alaska.

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

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

the Western Gulf
of Alaska.

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

And the
license holder
harvested
Pacific cod
with * * *

(L) Catcher/Processor
vessel designation.

any ..........

hook-and-line
gear.

(M) Catcher/Processor
vessel designation.

any ..........

pot gear .......

(N) Catcher/Processor
vessel designation.

any ..........

pot gear .......

(O) Catcher/Processor
vessel designation.

any ..........

jig gear .........

(P) Catcher/Processor
vessel designation.

any ..........

jig gear .........

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

§ 679.4

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

legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
legally landed at least 50 mt
of Pacific cod in the directed Pacific cod fishery.
at least one legal landing in
the directed Pacific cod
fishery.
at least one legal landing in
the directed Pacific cod
fishery.

(iii) Explanations for Pacific cod endorsements. (A) All eligibility amounts
in the table at paragraph (k)(10)(ii) of
this section will be determined based
on round weight equivalents.
(B) NMFS shall assign a legal landing
to a groundfish license in an area based
only on information contained in the
official record described in paragraph
(k)(10)(v) of this section.
(C) Notwithstanding the eligibility
amount in the table at paragraph
(k)(10)(ii) of this section, NMFS shall
assign a non-trawl Pacific cod endorsement with a catcher/processor and a
hook-and-line gear designation in the
regulatory areas specified to those
groundfish licenses listed in Table 49 to
part 679;
(D) If a groundfish license meets the
criteria
described
in
paragraph
(k)(3)(i)(B)(2) of this section and NMFS
has redesignated the MLOA of that
groundfish license based on those criteria, then NMFS may assign a nontrawl Pacific cod endorsement with the
specific gear designation(s) and regulatory area(s) applicable to the redesignated MLOA of that groundfish license
based on the eligibility criteria established in paragraph (k)(10)(ii) of this
section; and
(E) NMFS may issue groundfish licenses with non-trawl Pacific cod endorsements to CQEs as specified in
paragraph (k)(10)(vi) of this section.
(iv) Exemptions to Pacific cod endorsements. Any vessel exempted from the
License Limitation Program at paragraph (k)(2) of this section.

From
January 1, 2002,
through
December 8, 2008,
in * * *

To receive a Pacific
cod endorsement
that authorizes
harvest in the
directed Pacific cod
fishery with * * *

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

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

the Central Gulf of
Alaska.

pot gear in the Central Gulf of Alaska.

the Central Gulf of
Alaska.

jig gear in the Central Gulf of Alaska.

the Western Gulf
of Alaska.

jig gear in the Western Gulf of Alaska.

(v) Non-trawl gear recent participation
official record. (A) The official record
will contain all information used by
the Regional Administrator to determine the following:
(1) The number of legal landings and
amount of legal landings assigned to a
groundfish license for purposes of the
non-trawl gear designation participation requirements described in paragraph (k)(10)(ii) of this section;
(2) All other relevant information
necessary to administer the requirements
described
in
paragraphs
(k)(3)(i)(B) and (k)(10) of this section.
(B) The official record is presumed to
be correct. A groundfish license holder
has the burden to prove otherwise.
(C) Only legal landings as defined in
§ 679.2 and documented on State of
Alaska fish tickets or NMFS weekly
production reports will be used to assign legal landings to a groundfish license.
(D) If more than one groundfish license holder is claiming the same legal
landing because their groundfish license designated the vessel at the time
that the legal landing was made, then
each groundfish license for which the
legal landing is being claimed will be
credited with the legal landing.
(E) The Regional Administrator will
specify by letter a 30-day evidentiary
period during which an applicant may
provide additional information or evidence to amend or challenge the information in the official record. A person

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50 CFR Ch. VI (10–1–23 Edition)

will be limited to one 30-day evidentiary period. Additional information or evidence received after the 30day evidentiary period specified in the
letter has expired will not be considered for purposes of the initial administrative determination (IAD).
(F) The Regional Administrator will
prepare and send an IAD to the applicant following the expiration of the 30day evidentiary period if the Regional
Administrator determines that the information or evidence provided by the
person fails to support the person’s
claims and is insufficient to rebut the
presumption that the official record is
correct, or if the additional information, evidence, or revised application is
not provided within the time period
specified in the letter that notifies the
applicant of his or her 30-day evidentiary period. The IAD will indicate
the deficiencies with the information,
or with the evidence submitted in support of the information. The IAD will
also indicate which claims cannot be
approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to
§ 679.43. A person who avails himself or
herself of the opportunity to appeal an
IAD will receive a non-transferable license pending the final resolution of
that appeal, notwithstanding the eligibility of that applicant for some claims
based on consistent information in the
official record.
(vi) Issuance of non-trawl groundfish
licenses to CQEs. (A) Each CQE that has
been approved by the Regional Administrator under the requirements of
§ 679.41(l)(3) to represent a community
listed in Table 21 to part 679 that is eligible for Pacific cod endorsed nontrawl groundfish licenses, may apply to
receive the maximum number of
groundfish licenses listed in Table 21 to
part 679 on behalf of the eligible communities listed in Table 21 to part 679
that CQE is designated to represent. In
order to receive a groundfish license, a
CQE must submit a complete application for a groundfish license to the Regional Administer. A CQE may not
apply for, and may not receive more
than the maximum number of groundfish licenses designated in the regulatory area specified for a community
as listed in Table 21 to part 679.

(B) The application for a CQE to receive a groundfish license must include:
(1) Name of contact person(s) for the
CQE, NMFS person number, permanent
business mailing addresses, business
phone, business e-mail, and business
fax;
(2) A statement describing the procedures that will be used to determine
the distribution of LLP licenses to
residents of the community represented by that CQE;
(3) Procedures used to solicit requests from residents to be assigned an
LLP license;
(4) Criteria used to determine the distribution of the use of LLP licenses
among qualified community residents
and the relative weighting of those criteria; and
(5) The gear designation of groundfish license for which the CQE is applying provided that the community for
which the CQE is applying is eligible to
receive a groundfish license designated
for the Central Gulf of Alaska and the
application to receive a groundfish license has been received by NMFS not
later than six months after April 21,
2011.
(C) A groundfish license approved for
issuance to a CQE by the Regional Administrator for a community listed in
Table 21 to part 679:
(1) May not be transferred to any person from the CQE;
(2) Will have only the regional designation specified for that community
as listed in Table 21 to part 679;
(3) Will have an MLOA of 60 feet specified on the license;
(4) Will have only a catcher vessel
designation;
(5) Will receive only a non-trawl gear
endorsement;
(6) Will be assigned a Pacific cod endorsement with a non-trawl gear designation as specified in paragraph
(k)(10)(vi)(D) of this section.
(7) May not be assigned to any vessel
other than the vessel specified for that
groundfish license in the annual CQE
authorization letter;
(8) May not be assigned for use by
any person(s) other than the person(s)
specified for that groundfish license in
the annual CQE authorization letter,
or any subsequent amendment to that

580

Fishery Conservation and Management

§ 679.4

authorization letter that is made by
the CQE provided that NMFS receives
that amendment prior to that person
using that groundfish license aboard a
vessel; and
(9) May not be assigned to more than
one vessel per calendar year.
(D) The CQE must provide a copy of
the annual CQE authorization letter,
and any subsequent amendment to that
authorization letter that is made by
the CQE to NMFS and the vessel operator prior to the person(s) designated
in the authorization letter using that
groundfish license aboard a vessel. The
vessel operator must maintain a copy
of the annual CQE authorization letter,
and any subsequent amendment to that
authorization letter that is made by
the CQE onboard the vessel when that
vessel is directed fishing for Pacific cod
under the authority of that groundfish
license. The authorization letter, and
any subsequent amendment to that authorization letter must be submitted to
the Regional Administrator.
(E) The CQE must attest in the annual CQE authorization letter, or any
subsequent amendment to that authorization letter, that the person(s) using
a groundfish license issued to a CQE:
(1) Is a citizen of the United States;
(2) Has maintained a domicile in a
CQE community in the Central GOA or
Western GOA eligible to receive an
LLP license endorsed for Pacific cod
for the 12 consecutive months immediately preceding the time when the assertion of residence is made; and
(3) Is not claiming residency in another community, state, territory, or
country, except that residents of the
Village of Seldovia shall be considered
to be eligible community residents of
the City of Seldovia for the purposes of
eligibility to serve as an authorized
person.
(F) Non-trawl Pacific cod gear endorsements on groundfish licenses approved for issuance to CQEs by the Regional Administrator shall have the
following gear designations:
(1) NMFS will issue only pot gear Pacific cod endorsements for groundfish
licenses with a Western Gulf of Alaska
designation to CQEs on behalf of a
community listed in Table 21 to part
679.

(2) NMFS will issue either a pot gear
or a hook-and-line gear Pacific cod endorsement for a groundfish license with
a Central Gulf of Alaska designation to
CQEs on behalf of a community listed
in Table 21 to part 679 based on the application for a groundfish license as described in paragraph (k)(10)(vi)(B) of
this section provided that application
is received by NMFS not later than six
months after April 21, 2011. If an application to receive a groundfish license
with a Central Gulf of Alaska designation on behalf of a community listed in
Table 21 to part 679 is received later
than six months after April 21, 2011,
NMFS will issue an equal number of
pot gear and hook-and-line gear Pacific
cod endorsements for a groundfish license issued to the CQE on behalf of a
community listed in Table 21 to part
679. In cases where the total number of
groundfish licenses issued on behalf of
a community listed in Table 21 to part
679 is not even, NMFS will issue one
more groundfish license with a pot gear
Pacific cod endorsement than the number of groundfish licenses with a hookand-line gear Pacific cod endorsement.
(G) An annual report on the use of
Pacific cod endorsed non-trawl groundfish licenses shall be submitted by the
CQE as required at § 679.5(t).
(vii)
Additional
endorsements
for
groundfish license holders eligible to participate in the Western and/or Central
GOA Pacific cod fisheries—(A) Requirements. A license limitation groundfish
license holder can elect to permanently
add a catcher vessel endorsement for
Pacific cod for the same gears and
areas for which the license is currently
endorsed, for the Western and/or Central GOA if the license holder—
(1) Is operating under the authority
of a groundfish license endorsed for Pacific cod in Western and Central GOA,
as described at paragraphs (k)(4)(vi) or
(k)(10)(ii) of this section;
(2) Is endorsed to participate as a
catcher/processor in the Western and/or
Central GOA Pacific cod fishery; and,
(3) Made a minimum of one Pacific
cod landing while operating as a catcher vessel under the authority of the
catcher/processor license in Federal reporting areas 610, 620, or 630, from January 1, 2002, through December 31, 2008.

581

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50 CFR Ch. VI (10–1–23 Edition)

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

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

582

Fishery Conservation and Management

§ 679.4

applicant of his or her 30-day evidentiary period. The IAD will indicate
the deficiencies with the information,
or the evidence submitted in support of
the information. The IAD will also indicate which claims cannot be approved based on the available information or evidence. A person who receives
an IAD may appeal pursuant to § 679.43.
A person who avails himself or herself
of the opportunity to appeal an IAD
that is accepted by the National Appeals Office will receive a non-transferable license pending the final resolution of that appeal, notwithstanding
the eligibility of that applicant for
some claims based on consistent information in the official record.
(11) Restrictions on licenses earned on
AFA catcher vessels and listed AFA
catcher/processors. No person may use
an LLP license that was derived in
whole or in part from the qualifying
fishing history of an AFA catcher vessel or a listed AFA catcher/processor to
fish for groundfish or crab on a nonAFA catcher vessel or non-AFA catcher/processor. NMFS will identify all
such licenses affected by this restriction and inform the holders of such licenses of this restriction through a restriction printed on the face of the license.
(12) Rockfish QS—(i) General. In addition to other requirements of this part,
a license holder must have rockfish QS
assigned to his or her groundfish LLP
license to conduct directed fishing for
rockfish primary species and rockfish
secondary species with trawl gear.
(ii) Eligibility requirements for rockfish
QS. The eligibility requirements to receive rockfish QS are established in
§ 679.80(b).
(13) Amendment 80 Program. In addition to other requirements of this part,
a license holder must have an Amendment 80 LLP license to conduct fishing
for an Amendment 80 species assigned
to the Amendment 80 sector.
(14) Yellowfin sole trawl limited access
sector (TLAS) directed fishery endorsement in the BSAI—(i) General. In addition to other requirements of this part,
and unless specifically exempted in
paragraph (k)(2) of this section, a vessel must be designated on a groundfish
LLP license that has a BSAI TLAS yellowfin sole directed fishery endorse-

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

583

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

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

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

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Fishery Conservation and Management

§ 679.4

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

586

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§ 679.4

applicant of his or her 30-day evidentiary period. The IAD will indicate
the deficiencies with the information
or evidence submitted. The IAD will
also indicate which claims cannot be
approved based on the available information or evidence. A person who receives an IAD may appeal pursuant to
15 CFR part 906. NMFS will issue a nontransferable interim license that is effective until final agency action on the
IAD to an applicant who avails himself
or herself of the opportunity to appeal
an IAD and who has a credible claim to
eligibility for a BSAI Pacific cod trawl
mothership endorsement.
(16) PCTC Program. In addition to
other requirements of this part, an
LLP license holder must have PCTC
Program QS assigned to their groundfish LLP license to join a PCTC Program cooperative to harvest Pacific
cod.
(l) AFA permits—(1) General—(i) Applicability. In addition to any other permit and licensing requirements set out
in this part, any vessel used to engage
in directed fishing for a non-CDQ allocation of pollock in the BS and any
shoreside processor, stationary floating
processor, or mothership that receives
pollock harvested in a non-CDQ directed pollock fishery in the BS must
have a valid AFA permit onboard the
vessel or at the facility location at all
times while non-CDQ pollock is being
harvested or processed. In addition, the
owner of any vessel that is a member of
a pollock cooperative in the BS must
also have a valid AFA permit for every
vessel that is a member of the cooperative, regardless of whether or not the
vessel actually engages in directed
fishing for pollock in the BS. Finally,
an AFA permit does not exempt a vessel operator, vessel, or processor from
any other applicable permit or licensing requirement required under this
part or in other state or Federal regulations.
(ii) Duration—(A) Expiration of interim
AFA permits. All interim AFA vessel
and processor permits issued prior to
January 1, 2002, will expire on December 31, 2002, unless extended or reissued by NMFS.
(B) Duration of final AFA permits. (1)
Except as provided in paragraphs
(l)(1)(ii)(B)(2),
(l)(1)(ii)(B)(3),

(l)(5)(v)(B)(3), and (l)(6)(iii) of this section, AFA vessel and processor permits
issued under this paragraph (l) are
valid indefinitely unless the permit is
suspended or revoked.
(2) An AFA vessel permit is revoked
when the vessel designated on the permit is replaced or removed under paragraph (l)(7) of this section.
(3) In the event of a total loss or constructive loss of an AFA vessel,
(i) The AFA vessel permit that designates the lost AFA vessel will be
valid from the date of the vessel loss up
to 5 years from December 31 of the year
in which the vessel was lost and will be
suspended after that date, unless the
AFA vessel permit for the lost vessel
was revoked before that date because
the lost vessel was replaced or removed
under paragraph (l)(7) of this section.
For example, if a vessel sinks on February 15, 2016, the AFA permit on the
vessel will be valid until December 31,
2021, unless the owner of the vessel replaces or removes the vessel before December 31, 2021; after December 31, 2021,
the AFA permit on the lost vessel will
be suspended until the AFA vessel
owner replaces or removes the lost vessel;
(ii) The owner of the lost AFA vessel
must notify NMFS in writing of the
vessel loss within 120 days of the date
of the total loss or constructive loss of
the vessel;
(iii) For purposes of paragraph
(l)(1)(ii)(B)(3) of this section, an AFA
lost vessel is a vessel that has been
subject to a total loss or a constructive
loss; a total loss means that the vessel
is physically lost such as from sinking
or a fire; a constructive loss means
that the vessel suffered damage so that
the cost of repairing the vessel exceeded the value of the vessel; the date of
the total loss of a vessel is the date on
which the physical loss occurred; the
date of the constructive loss of a vessel
is the date on which the damage to the
vessel occurred.
(C) Surrender of AFA permits. Except
for AFA inshore processor permits,
AFA permits may not be surrendered.
(iii) Application for permit. NMFS will
issue AFA vessel and processor permits
to the current owner(s) of a qualifying
vessel or processor if the owner(s) submits to the Regional Administrator a

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50 CFR Ch. VI (10–1–23 Edition)

completed AFA permit application
that is subsequently approved.
(iv) Amended permits. AFA vessel and
processor permits may not be used on
or transferred to any vessel or processor that is not listed on the permit.
However, AFA permits may be amended by NMFS to reflect any change in
the ownership of the vessel or processor after submittal of this information to NMFS in a written letter.
(2) AFA catcher/processor permits—
(i) Listed AFA catcher/processors.
NMFS will issue to an owner of a
catcher/processor a listed AFA catcher/
processor permit if the catcher/processor is one of the following (as listed
in AFA paragraphs 208(e)(1) through
(20)):
(A) AMERICAN DYNASTY (USCG
documentation number 951307);
(B) KATIE ANN (USCG documentation number 518441);
(C) AMERICAN TRIUMPH (USCG
documentation number 646737);
(D) NORTHERN EAGLE (USCG documentation number 506694);
(E) NORTHERN HAWK (USCG documentation number 643771);
(F) NORTHERN JAEGER (USCG documentation number 521069);
(G) OCEAN ROVER (USCG documentation number 552100);
(H) ALASKA OCEAN (USCG documentation number 637856);
(I) ENDURANCE (USCG documentation number 592206);
(J) AMERICAN ENTERPRISE (USCG
documentation number 594803);
(K) ISLAND ENTERPRISE (USCG
documentation number 610290);
(L) KODIAK ENTERPRISE (USCG
documentation number 579450);
(M) SEATTLE ENTERPRISE (USCG
documentation number 904767);
(N) US ENTERPRISE (USCG documentation number 921112);
(O) ARCTIC STORM (USCG documentation number 903511);
(P) ARCTIC FJORD (USCG documentation number 940866);
(Q) NORTHERN GLACIER (USCG
documentation number 663457);
(R) PACIFIC GLACIER (USCG documentation number 933627);
(S) HIGHLAND LIGHT (USCG documentation number 577044);
(T) STARBOUND (USCG documentation number 944658).

(ii) Unlisted AFA catcher/processors.
NMFS will issue to an owner of a
catcher/processor an unlisted AFA
catcher/processor permit if the catcher/
processor is not listed in § 679.4(l)(2)(i)
and is determined by the Regional Administrator to have harvested more
than 2,000 mt of pollock in the 1997
BSAI directed pollock fishery.
(iii) AFA replacement vessels. (A)
NMFS will issue a listed AFA catcher/
processor permit to the owner of a
catcher/processor that is a replacement
vessel for a vessel that was designated
on a listed AFA catcher/processor permit.
(B) NMFS will issue an unlisted AFA
catcher/processor permit to the owner
of a catcher/processor that is a replacement vessel for a vessel that was designated on an unlisted AFA catcher/
processor permit.
(iv) Application for AFA catcher/processor permit. A completed application
for an AFA catcher/processor permit
must contain:
(A) Vessel information. The vessel
name, ADF&G registration number,
USCG documentation number, vessel
telephone number (if any), gross tons,
shaft horsepower, and registered length
(in feet);
(B) Ownership information. The managing owner name(s), tax ID number(s),
signature(s), business mailing address(es), business telephone number(s), business fax number(s), business
e-mail address(es), and managing company (if any);
(3) AFA catcher vessel permits. NMFS
will issue to an owner of a catcher vessel an AFA catcher vessel permit containing
sector
endorsements
and
sideboard restrictions upon receipt and
approval of a completed application for
an AFA catcher vessel permit.
(i) Qualifying criteria—(A) Catcher vessels delivering to catcher/processors.
NMFS will endorse an AFA catcher
vessel permit to authorize directed
fishing for pollock for delivery to a
catcher/processor if the catcher vessel:
(1) Is one of the following (as listed in
paragraphs 208(b)(1) through (7) of the
AFA):
AMERICAN CHALLENGER (USCG documentation number 633219);
FORUM STAR (USCG documentation number 925863);

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Fishery Conservation and Management
MUIR MILACH (USCG documentation
number 611524);
NEAHKAHNIE
(USCG
documentation
number 599534);
OCEAN HARVESTER (USCG documentation number 549892);
SEA STORM (USCG documentation number 628959);
TRACY ANNE (USCG documentation number 904859); or

(2) Is not listed in paragraph
(l)(3)(i)(A)(1) of this section and is determined by the Regional Administrator to have delivered at least 250 mt
and at least 75 percent of the pollock it
harvested in the directed BSAI pollock
fishery in 1997 to catcher/processors for
processing by the offshore component;
or
(3) Is an AFA replacement vessel for
a vessel that was designated on an AFA
catcher vessel permit with a catcher/
processor endorsement.
(B) Catcher vessels delivering to AFA
motherships. NMFS will endorse an
AFA catcher vessel permit to authorize
directed fishing for pollock for delivery
to an AFA mothership if the catcher
vessel:
(1) Is one of the following (as listed in
paragraphs 208(c)(1) through (20) and in
subsection 211(e) of the AFA):
(i) ALEUTIAN CHALLENGER (USCG
documentation number 603820);
(ii) ALYESKA (USCG documentation
number 560237);
(iii) AMBER DAWN (USCG documentation number 529425);
(iv) AMERICAN BEAUTY (USCG documentation number 613847);
(v) CALIFORNIA HORIZON (USCG
documentation number 590758);
(vi) MAR-GUN (USCG documentation
number 525608);
(vii) MARGARET LYN (USCG documentation number 615563);
(viii) MARK I (USCG documentation
number 509552);
(ix) MISTY DAWN (USCG documentation number 926647);
(x) NORDIC FURY (USCG documentation number 542651);
(xi) OCEAN LEADER (USCG documentation number 561518);
(xii) OCEANIC (USCG documentation
number 602279);
(xiii) PACIFIC ALLIANCE (USCG
documentation number 612084);
(xiv) PACIFIC CHALLENGER (USCG
documentation number 518937);

§ 679.4
(xv) PACIFIC FURY (USCG documentation number 561934);
(xvi) PAPADO II (USCG documentation number 536161);
(xvii) TRAVELER (USCG documentation number 929356);
(xviii) VESTERAALEN (USCG documentation number 611642);
(xix) WESTERN DAWN (USCG documentation number 524423);
(xx) LISA MARIE (USCG documentation number 1038717); or
(2) Is not listed in paragraph
(l)(3)(i)(B)(1) of this section and is determined by the Regional Administrator to have delivered at least 250 mt
of
pollock
for
processing
by
motherships in the offshore component
of the BSAI directed pollock fishery in
any one of the years 1996 or 1997, or between January 1, 1998, and September
1, 1998, and is not eligible for an endorsement to deliver pollock to catcher/processors
under
paragraph
(l)(3)(i)(A) of this section; or
(3) Is an AFA replacement vessel for
a vessel that was designated on an AFA
catcher
vessel
permit
with
a
mothership endorsement.
(C) Catcher vessels delivering to AFA
inshore processors. NMFS will endorse
an AFA catcher vessel permit to authorize directed fishing for pollock for
delivery to an AFA inshore processor if
the catcher vessel is:
(1) One of the following vessels authorized by statute to engage in directed fishing for inshore sector pollock:
HAZEL LORRAINE (USCG documentation
number 592211),
LISA MARIE (USCG documentation number 1038717),
PROVIDIAN (USCG documentation number 1062183); or

(2) Is not listed in § 679.4(l)(3)(i)(A),
and:
(i) Is determined by the Regional Administrator to have delivered at least
250 mt of pollock harvested in the directed BSAI pollock fishery for processing by the inshore component in any
one of the years 1996 or 1997, or between
January 1, 1998, and September 1, 1998;
or
(ii) Is less than 60 ft (18.1 meters) LOA
and is determined by the Regional Administrator to have delivered at least

589

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

40 mt of pollock harvested in the directed BSAI pollock fishery for processing by the inshore component in any
one of the years 1996 or 1997, or between
January 1, 1998, and September 1, 1998;
or
(3) Is an AFA replacement vessel for
a vessel that was designated on an AFA
catcher vessel permit with an inshore
endorsement.
(ii) Application for AFA catcher vessel
permit. A completed application for an
AFA catcher vessel permit must contain:
(A) Vessel information. The vessel
name, ADF&G registration number,
USCG documentation number, vessel
telephone number (if any), gross tons,
shaft horsepower, and registered length
(in feet);
(B) Ownership information. The managing owner name(s), tax ID number(s),
signature(s), business mailing address(es), business telephone number(s), business fax number(s), business
e-mail address(es), and managing company (if any);
(C) Vessel AFA qualification information. The AFA catcher vessel permit
sector endorsement(s) requested.
(D) [Reserved]
(E) Vessel exemptions from AFA catcher
vessel groundfish sideboard directed fishing closures. An AFA catcher vessel permit may contain exemptions from certain groundfish sideboard directed fishing closures. If a vessel owner is requesting such an exemption, the application must provide supporting documentation that the catcher vessel
qualifies for the exemption based on
the following criteria. The Regional
Administrator will review the vessel’s
catch history according to the following criteria:
(1) BSAI Pacific cod. For a catcher
vessel to qualify for an exemption from
AFA catcher vessel sideboards in the
BSAI Pacific cod fishery, the catcher
vessel must: Be less than 125 ft (38.1 m)
LOA, have landed a combined total of
less than 5,100 mt of BSAI pollock in
the BSAI directed pollock fishery from
1995 through 1997, and have made 30 or
more legal landings of Pacific cod in
the BSAI directed fishery for Pacific
cod from 1995 through 1997.
(2) GOA groundfish species. For a
catcher vessel to qualify for an exemp-

tion
from
AFA
catcher
vessel
sideboards in the GOA groundfish fisheries, the catcher vessel must: Be less
than 125 ft (38.1 m) LOA, have landed a
combined total of less than 5,100 mt of
BSAI pollock in the BSAI directed pollock fishery from 1995 through 1997, and
made 40 or more legal landings of GOA
groundfish in a directed fishery for
GOA groundfish from 1995 through 1997.
(3) AFA replacement vessel for a catcher
vessel that qualified for an exemption. A
catcher vessel that is a replacement
vessel for a vessel that was designated
on an AFA catcher vessel permit with
an exemption from a groundfish
sideboard directed fishing closure will
receive an AFA catcher vessel permit
with the same exemption as the replaced vessel.
(4) AFA mothership permits. (i) NMFS
will issue to an owner of a mothership
an AFA mothership permit if the
mothership:
(A) Is one of the following (as listed
in paragraphs 208(d)(1) through (3) of
the AFA):
EXCELLENCE (USCG documentation
number 967502);
GOLDEN ALASKA (USCG documentation number 651041); and
OCEAN PHOENIX (USCG documentation number 296779); or
(B) Is an AFA replacement vessel for
a vessel that was designated on an AFA
mothership permit.
(ii) Application for AFA mothership
permit. A completed application for an
AFA mothership permit must contain:
(A) Type of permit requested. Type of
processor and whether requesting an
AFA cooperative endorsement.
(B)
Vessel
information.
The
mothership name, ADF&G processor
code, USCG documentation number,
Federal fisheries permit number, gross
tons, shaft horsepower, and registered
length (in feet).
(C) Ownership information. The managing owner name(s), tax ID number(s),
signature(s), business mailing address(es), business telephone number(s), business fax number(s), business
e-mail address(es), and managing company (if any);
(5) AFA inshore processor permits.
NMFS will issue to an owner of a
shoreside processor or stationary floating processor an AFA inshore processor

590

Fishery Conservation and Management

§ 679.4

permit upon receipt and approval of a
completed application.
(i) Qualifying criteria—(A) Unrestricted
processors. NMFS will issue an unrestricted AFA inshore processor permit
to a shoreside processor or stationary
floating processor if the Regional Administrator determines that the processor facility processed annually more
than 2,000 mt round-weight of pollock
harvested in the inshore component of
the directed BSAI pollock fishery during each of 1996 and 1997.
(B) Restricted processors. NMFS will
issue a restricted AFA inshore processor permit to a shoreside processor or
stationary floating processor if the Regional Administrator determines that
the facility processed pollock harvested in the inshore component of the
directed BSAI pollock fishery during
1996 or 1997, but did not process annually more than 2,000 mt round-weight
of BSAI pollock during each of 1996 and
1997.
(ii) Surrender of permit. An AFA
inshore processor permit may be voluntarily surrendered in accordance with
paragraph (a)(9) of this section. An
AFA inshore processor permit will not
be reissued in the same fishing year in
which it was surrendered, but may be
reapplied for and if approved, reissued
to the permit holder of record in a subsequent fishing year.
(iii) Single geographic location requirement. An AFA inshore processor permit
authorizes the processing of pollock
harvested in the BS subarea directed
pollock fishery only in a single geographic location during a reporting
week. For the purposes of this paragraph, single geographic location
means:
(A) Shoreside processors. The physical
location at which the land-based shoreside processor first processed pollock
harvested from the BS subarea directed
pollock fishery during a fishing year.
(B) Stationary floating processors
(SFP). A geographic position within
State of Alaska waters of the BS subarea and that is within a 5 nm radius of
the latitude and longitude reported in
the check-in and check-out reports at
§ 679.5(h)(5)(ix)(B). An AFA SFP cannot
change its single geographic location
more than four times within State of
Alaska waters in the BS subarea to

process pollock harvested in a BS subarea directed pollock fishery during a
fishing year and cannot use more than
one single geographic location during a
reporting week.
(iv) Application for permit. A completed application for an AFA inshore
processor permit must contain:
(A) Type of permit requested. Type of
processor, whether requesting an AFA
cooperative endorsement, and amount
of BSAI pollock processed in 1996 and
1997;
(B) Stationary floating processor information. The vessel name, ADF&G processor code, USCG documentation number, Federal processor permit number,
gross tons, shaft horsepower, registered
length (in feet), and business telephone
number, business FAX number, and
business e-mail address used on board
the vessel.
(C) Shoreside processor information.
The processor name, Federal processor
permit number, ADF&G processor
code, business street address; business
telephone and FAX numbers, and business e-mail address.
(D) Ownership information. The managing owner name(s), tax ID number(s),
signature(s), business mailing address(es), business telephone number(s), business fax number(s), business
e-mail address(es), and managing company (if any);
(v) Authorization of new AFA inshore
processors. If the Council recommends
and NMFS approves a combined BSAI
pollock TAC that exceeds 1,274,900 mt
for any fishing year, or in the event of
the actual total loss or constructive
loss of an existing AFA inshore processor, the Council may recommend
that an additional inshore processor
(or processors) be issued AFA inshore
processing permits.
(A) Timing of Council action. At any
time prior to or during a fishing year
in which the combined BSAI pollock
TAC exceeds 1,274,900 mt, or at any
time after the actual total loss or constructive total loss of an existing AFA
inshore processor, the Council may,
after opportunity for public comment,
recommend that an additional inshore
processor (or processors) be issued AFA
inshore processor permits.
(B) Required elements in Council recommendation.
Any
recommendation

591

§ 679.4

50 CFR Ch. VI (10–1–23 Edition)

from the Council to add an additional
inshore processor (or processors) must
include the following information:
(1) Identification of inshore processor(s). The Council recommendation
must identify by name the inshore
processor(s) to which AFA inshore
processor permits would be issued;
(2) Type of AFA inshore processor permit(s). The Council recommendation
must specify whether the identified
inshore processor(s) should be issued a
restricted or unrestricted AFA inshore
processor permit.
(3) Duration of permit. The Council
recommendation must specify the recommended duration of the permit. Permit duration may be for any duration
from a single fishing season to the duration of section 208 of the AFA. Alternatively, the Council may recommend
that the permit be valid as long as the
conditions that led to the permit remain in effect. For example, the Council could recommend that a permit
issued under this paragraph remain
valid as long as the combined annual
BSAI pollock TAC remains above
1,274,900 mt. or a lost AFA inshore
processor is not reconstructed.
(4) Council procedures. The Council
may establish additional procedures for
the review and approval of requests to
authorize additional AFA inshore processors. However, such procedures must
be consistent with the Magnuson-Stevens Act, the national standards, and
other applicable law.
(5) Action by NMFS. Upon receipt of a
recommendation from the Council to
authorize additional AFA inshore processors, NMFS may issue an AFA
inshore processor permit to the identified inshore processor(s) of the type
and duration recommended by the
Council, provided the Council has met
the requirements identified in paragraphs (l)(5)(v)(B)(1) through (4) of this
section, and the owner(s) of the identified inshore processor has submitted a
completed application for an AFA
inshore processor permit that is subsequently approved.
(6) Inshore cooperative fishing permits—
(i) General. NMFS will issue to an
inshore catcher vessel cooperative
formed pursuant to 15 U.S.C. 521 for the
purpose of cooperatively managing directed fishing for pollock for proc-

essing by an AFA inshore processor an
AFA inshore cooperative fishing permit upon receipt and approval of a
completed application.
(ii) Application for permit. A completed application for an inshore cooperative fishing permit must contain
the following information:
(A) Cooperative contact information.
Name of cooperative; name of cooperative representative; and business mailing address, business telephone number, business fax number, and business
e-mail address of the cooperative;
(B) Designated cooperative processor.
The name and physical location of an
AFA inshore processor that is designated in the cooperative contract as
the processor to whom the cooperative
has agreed to deliver at least 90 percent
of its BS pollock catch;
(C) Cooperative contract information. A
copy of the cooperative contract and a
written certification that:
(1) The contract was signed by the
owners of at least 80 percent of the
qualified catcher vessels;
(2) The cooperative contract requires
that the cooperative deliver at least 90
percent of its BS pollock catch to its
designated AFA processor; and
(3) Each catcher vessel in the cooperative is a qualified catcher vessel and
is otherwise eligible to fish for groundfish in the BSAI, except that a lost vessel that retains an AFA permit pursuant to paragraph (l)(1)(ii)(B)(3) of this
section need not be designated on a
Federal Fisheries Permit or an LLP license; has an AFA catcher vessel permit with an inshore endorsement; and
has no permit sanctions or other type
of sanctions against it that would prevent it from fishing for groundfish in
the BSAI.
(D) Qualified catcher vessels. For the
purpose of paragraph (l)(6)(ii)(C)(3) of
this section, a catcher vessel is a qualified catcher vessel if the catcher vessel
meets the permit and landing requirements in paragraphs (l)(6)(ii)(D)(1) and
(l)(6)(ii)(D)(2) of this section; the catcher vessel is an AFA replacement catcher vessel that meets the requirements
in paragraph (l)(6)(ii)(D)(3) of this section; or the catcher vessel is an AFA
lost catcher vessel that meets the requirements in paragraph (l)(6)(ii)(D)(4)
of this section.

592

Fishery Conservation and Management

§ 679.4

(1) Permit requirements—(i) AFA permit. The vessel must have a valid AFA
catcher vessel permit with an inshore
endorsement;
(ii) LLP permit. The vessel must be
named on a valid LLP permit authorizing the vessel to engage in trawling
for pollock in the Bering Sea subarea.
If the vessel is more than 60 feet (18.3
m) LOA, the vessel must be named on
a valid LLP permit endorsed for the AI
to engage in trawling for pollock in the
AI; and
(iii) Permit sanctions. The vessel has
no permit sanctions that otherwise
make it ineligible to engage in fishing
for pollock in the BSAI.
(2) Landing requirements—(i) Active
vessels. The vessel delivered more pollock harvested in the BS inshore directed pollock fishery to the AFA
inshore processor designated under
paragraph (l)(6)(ii)(B) of this section
than to any other shoreside processor
or stationary floating processor during
the year prior to the year in which the
cooperative fishing permit will be in effect; or
(ii) Inactive vessels. The vessel delivered more pollock harvested in the BS
inshore directed pollock fishery to the
AFA inshore processor designated
under paragraph (l)(6)(ii)(B) of this section than to any other shoreside processor or stationary floating processor
during the last year in which the vessel
delivered BS pollock harvested in the
BS directed pollock fishery to an AFA
inshore processor.
(iii) Harvests under contract to a cooperative. Any landings made by a vessel
operating under contract to an inshore
cooperative in which it was not a member will not be used to determine eligibility under paragraph (l)(6)(ii)(D)(2).
(3) AFA replacement catcher vessels.
The vessel is an AFA replacement vessel for a catcher vessel that met the
permit and landing requirements in
paragraphs
(l)(6)(ii)(D)(1)
and
(l)(6)(ii)(D)(2) of this section;
(4) AFA lost catcher vessels. In the
event of a total loss or constructive
loss of an AFA catcher vessel with an
inshore endorsement, the owner of the
lost vessel has an AFA catcher vessel
permit with an inshore endorsement
for the lost vessel that is valid pursuant to paragraph (l)(1)(ii)(B)(3) of this

section, and the inshore cooperative
shows:
(i) The vessel was lost during a year
when the vessel was designated on an
AFA inshore cooperative fishing permit issued to the cooperative submitting the application; or
(ii) The vessel was lost during a year
when the vessel was not designated on
any AFA inshore cooperative fishing
permit and when the vessel delivered
more pollock to the AFA inshore processor designated by the inshore cooperative under paragraph (l)(6)(ii)(B) of
this section than to any other processor; or
(iii) The vessel was lost during a year
when the vessel was not designated on
any AFA inshore cooperative fishing
permit and when the vessel had made
no deliveries of pollock and the owner
of the lost vessel has assigned the
catch history of the lost vessel to the
inshore cooperative that submits the
application.
(E) Business review letter. A copy of a
letter from a party to the contract requesting a business review letter on
the fishery cooperative from the Department of Justice and of any response to such request;
(F) Vessel information. For each cooperative catcher vessel member: Vessel
name, ADF&G registration number,
USCG documentation number, AFA
permit number; and
(G) Certification of notary and applicant. Signature and printed name of cooperative representative, date of signature, and notary stamp or seal, signature and date commission expires of a
notary public.
(iii) Duration of cooperative fishing
permits. Inshore cooperative fishing
permits are valid for 1 calendar year.
(iv) Addition or subtraction of vessels.
The cooperative representative must
submit a new application to add or subtract a catcher vessel to or from an
inshore cooperative fishing permit to
the Regional Administrator prior to
the application deadline. Upon approval by the Regional Administrator,
NMFS will issue an amended cooperative fishing permit.
(v) Application deadline. An inshore
cooperative fishing permit application
and any subsequent contract amendments that add or subtract vessels

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must be received by the Regional Administrator by December 1 prior to the
year in which the inshore cooperative
fishing permit will be in effect. Inshore
cooperative fishing permit applications
or amendments to inshore fishing cooperative permits received after December 1 will not be accepted by the Regional Administrator for the subsequent fishing year.
(7) AFA rebuilt vessels, AFA replacement vessels, and removal of inshore AFA
catcher vessels—(i) AFA rebuilt vessels.
(A) To improve vessel safety or to improve operational efficiency, including
fuel efficiency, the owner of an AFA
vessel may rebuild the vessel. If the
owner of an AFA vessel rebuilds the
vessel, the owner must notify NMFS
within 30 days of the issuance of the
vessel documentation for the AFA rebuilt vessel and must provide NMFS
with a copy of the vessel documentation for the rebuilt vessel. If the owner
of the AFA rebuilt vessel provides
NMFS with information demonstrating
that the AFA rebuilt vessel is documented with a fishery endorsement
issued under 46 U.S.C. 12113, NMFS will
acknowledge receipt of the notification
and inform the owner that the AFA
permit issued to the vessel before rebuilding is valid and can be used on the
AFA rebuilt vessel.
(B) Except as provided in paragraph
(l)(7)(i)(C) and paragraph (l)(7)(i)(D) of
this section, the owner of an AFA rebuilt vessel will be subject to the same
requirements that applied to the vessel
before rebuilding and will be eligible to
use the AFA rebuilt vessel in the same
manner as the vessel before rebuilding.
(C) An AFA rebuilt vessel is exempt
from the maximum length overall
(MLOA) restriction on an LLP groundfish license with a Bering Sea area endorsement or an Aleutian Islands area
endorsement when the AFA rebuilt
vessel is conducting directed fishing
for groundfish in the BSAI pursuant to
that LLP groundfish license and the
LLP groundfish license specifies the
exemption.
(D) If an AFA rebuilt catcher vessel
is equal to or greater than 125 ft (38.1
m) LOA, the AFA rebuilt catcher vessel will be subject to the catcher vessel
exclusive fishing seasons for pollock in
50 CFR 679.23(i) and will not be exempt

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

594

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

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

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50 CFR Ch. VI (10–1–23 Edition)

proof, the applicant will be notified by
an initial administrative determination (IAD) that the application is denied.
(iii) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to
the applicant following the expiration
of the 30-day evidentiary period if the
Regional Administrator determines
that the information or evidence provided by the applicant fails to support
the applicant’s claims and is insufficient to establish that the applicant
meets the requirements for an AFA
permit or for NMFS to approve the
withdrawal of a catcher vessel, or if the
additional information, evidence, or revised application is not provided within
the time period specified in the letter
that notifies the applicant of the applicant’s 30-day evidentiary period. The
IAD will indicate the deficiencies in
the application, including any deficiencies with the information, the evidence submitted in support of the information, or the revised application.
An applicant who receives an IAD may
appeal under the appeals procedures set
out at 15 CFR part 906.
(iv) Effect of cooperative allocation appeals. An AFA inshore cooperative may
appeal the pollock quota share issued
to the cooperative under § 679.62; however, final agency action on the appeal
must occur prior to December 1 for the
results of the appeal to take effect during the subsequent fishing year.
(m) Participation in the AI directed pollock fishery—(1) Applicability. Harvesting pollock in the AI directed pollock fishery and processing pollock
taken in the AI directed pollock fishery is authorized only for those harvesters and processors that are selected
by the Aleut Corporation and approved
by the Regional Administrator to harvest pollock in the AI directed pollock
fishery or to process pollock taken in
the AI directed pollock fishery.
(2) Annual selection of participants by
the Aleut Corporation. Each year and at
least 14 days before harvesting pollock
in the AI directed pollock fishery or
processing pollock harvested in the AI
directed pollock fishery, a participant
must be selected by the Aleut Corporation and the following information for
each participant must be submitted by

the designated contact to the Regional
Administrator:
(i) Vessel or processor name;
(ii) Federal fisheries permits number
issued under paragraph (b) of this section or Federal processor permit issued
under paragraph (f) of this section; and
(iii) The fishing year which participation approval is requested.
(3) Participant approval. (i) Participants must have:
(A) A valid Federal fisheries permit
or Federal processing permit, pursuant
to paragraphs (b) and (f) of this section,
respectively;
(B) A valid fishery endorsement on
the vessel’s U.S. Coast Guard documentation for the vessel’s participation in the U. S. fishery; and
(C) A valid AFA permit under: paragraph (l)(2) of this section for all catcher/processors, paragraph (l)(3) of this
section for all catcher vessels greater
than 60 ft (18.3 m) LOA, or paragraph
(l)(4)
of
this
section
for
all
motherships.
(ii) Each participant selected by the
Aleut Corporation that meets the conditions under paragraph (m)(3)(i) of
this section will be approved by the Regional Administrator for participation
in the AI directed pollock fishery.
(iii) The Regional Administrator will
provide to the designated contact for
the Aleut Corporation the identity of
each approved participant and the date
upon which participation in the AI directed pollock fishery may commence.
The Aleut Corporation shall forward to
the approved participants a copy of
NMFS’s approval letter before harvesting or processing occurs.
(iv) A copy of NMFS’ approval letter
for participating in the AI directed pollock fishery during the fishing year
must be on site at the shoreside processor or stationary floating processor,
or on board the vessel at all times and
must be presented for inspection upon
the request of any authorized officer.
(4) Participant disapproval. (i) The Regional Administrator shall disapprove
any participant that does not meet the
conditions under paragraph (m)(3)(i) of
this section. The Regional Administrator will notify in writing the Aleut
Corporation and the selected participant of the disapproval. The selected
participant will have 30 days in which

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to submit proof of meeting the requirements to participate in the AI directed
pollock fishery.
(ii) The Regional Administrator will
prepare and send an initial administrative determinations (IAD) to the selected participant following the expiration of the 30-day evidentiary period if
the Regional Administrator determines
that the information or evidence provided by the selected participant fails
to support the participant’s claims and
is insufficient to rebut the presumption
that the disapproval for participation
in the AI directed pollock fishery is
correct or if the additional information
or evidence is not provided within the
time period specified in the letter that
notifies the applicant of his or her 30day evidentiary period. The IAD will
indicate the deficiencies in the information required, including the evidence submitted in support of the information. The IAD also will indicate
which claims cannot be approved based
on the available information or evidence. A participant who receives an
IAD may appeal under the appeals procedures set out at § 679.43. A participant
who avails himself or herself of the opportunity to appeal an IAD will receive
an interim approval from NMFS authorizing participation in the AI directed pollock fishery. An interim approval based on claims contrary to the
final determination will expire upon
final agency determination.
(n) Rockfish Program—(1) Cooperative
quota (CQ). (i) A CQ permit is issued
annually to a rockfish cooperative if
the members of that rockfish cooperative have submitted a complete and
timely application for CQ as described
in § 679.81(f) that is approved by the Regional Administrator. A CQ permit authorizes a rockfish cooperative to participate in the Rockfish Program. The
CQ permit will indicate the amount of
rockfish primary species and rockfish
secondary species that may be harvested by the rockfish cooperative, and
the amount of rockfish halibut PSC
that may be used by the rockfish cooperative. The CQ permit will list the
members of the rockfish cooperative,
the vessels that are authorized to fish
under the CQ permit for that rockfish
cooperative, and the rockfish processor

with whom that rockfish cooperative is
associated, if applicable.
(ii) A CQ permit is valid only until
the end of the calendar year for which
the CQ permit is issued;
(iii) A legible copy of the CQ permit
must be carried on board the vessel(s)
used by the rockfish cooperative.
(2) Rockfish cooperative termination of
fishing declaration. (i) A rockfish cooperative may choose to terminate its CQ
permit through a declaration submitted to NMFS.
(ii) This declaration may only be submitted to NMFS electronically. The
rockfish cooperative’s designated representative must log into the online
system and create a request for termination of fishing declaration as indicated on the computer screen. By using
the rockfish cooperative’s NMFS ID
and password, and submitting the termination of fishing declaration request, the designated representative
certifies that all information is true,
correct, and complete.
(o) Amendment 80 Program—(1) Amendment 80 QS permit. (i) An Amendment 80
QS permit is issued to a person who
submits a timely and complete application for Amendment 80 QS that is approved by NMFS under § 679.90(b).
(ii) An Amendment 80 QS permit is
assigned to the owner of an Amendment 80 vessel that gave rise to that
permit
under
the
provisions
of
§ 679.90(b), or its replacement under
§ 679.4(o)(4), unless the Amendment 80
QS permit is assigned to the holder of
an LLP license originally assigned to
an Amendment 80 vessel under the provisions of § 679.90(d) or § 679.90(e).
(iii) If an Amendment 80 QS permit is
assigned to the owner of an Amendment 80 vessel the Amendment 80 QS
permit will designate the Amendment
80 vessel to which that permit is assigned.
(iv) If an Amendment 80 QS permit is
assigned to the holder of an LLP license originally assigned to an Amendment 80 vessel under the provisions of
§ 679.90(d)(2)(ii) or § 679.90(e)(4), the
Amendment 80 QS permit will be permanently affixed to the LLP license
originally assigned to an Amendment
80 vessel which will be designated as an
Amendment 80 LLP/QS license.

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50 CFR Ch. VI (10–1–23 Edition)

(v) Amendment 80 QS units assigned
to an Amendment 80 QS permit are
non-severable from that Amendment 80
QS permit and if transferred, the
Amendment 80 QS permit must be
transferred in its entirety to another
person
under
the
provisions
of
§ 679.90(d) or § 679.90(e).
(vi) A person must hold an Amendment 80 LLP license to hold an Amendment 80 QS permit.
(vii) The owner of an Amendment 80
vessel must designate the Amendment
80 vessel on an Amendment 80 QS permit and on an Amendment 80 LLP license, or designate the Amendment 80
vessel on the Amendment 80 LLP/QS license to use that Amendment 80 vessel
in an Amendment 80 fishery.
(2) Amendment 80 Cooperative quota
(CQ) permit. (i) A CQ permit is issued
annually to an Amendment 80 cooperative that submits a timely and complete application for CQ that is approved by NMFS as described at
§ 679.91(b)(4).
(ii) A CQ permit authorizes an
Amendment 80 cooperative to catch a
quantity of fish expressed as a portion
of the ITAC and halibut and crab PSC
that may be held for exclusive use by
that Amendment 80 cooperative.
(iii) A CQ permit will indicate the
amount of Amendment 80 species that
may be caught by the Amendment 80
cooperative, and the amount of Amendment 80 crab and halibut PSC that may
be used by the Amendment 80 cooperative. The CQ permit will list the members of the Amendment 80 cooperative,
Amendment 80 LLP licenses, Amendment 80 QS permits, and Amendment 80
vessels that are assigned to that
Amendment 80 cooperative.
(iv) The amount of CQ listed on the
CQ permit will be based on:
(A) The amount of Amendment 80 QS
units held by all members of the
Amendment 80 cooperative designated
on a timely and complete application
for CQ as described under § 679.91(b)
that is approved by NMFS;
(B) The Amendment 80 QS units derived from Amendment 80 QS permits
held by members of the Amendment 80
cooperative who have submitted a
timely and complete EDR for all
Amendment 80 QS permits held by that
member as described under § 679.94; and

(C) The amount of CQ as modified by
an application for CQ transfer as described under § 679.91(g) that is approved by NMFS.
(v) A CQ permit is valid until whichever of the following occurs first:
(A) Until the end of the year for
which the CQ permit is issued; or
(B) Until the permit is revoked, suspended, or modified pursuant to § 679.43
or under 15 CFR part 904.
(vi) A legible copy of the CQ permit
must be carried onboard an Amendment 80 vessel assigned to an Amendment 80 cooperative when fishing in
the BSAI or adjacent waters open by
the State of Alaska for which it adopts
a Federal fishing season.
(3) Amendment 80 limited access fishery
permit. (i) An Amendment 80 limited access fishery permit is required for an
Amendment 80 QS holder to catch,
process, and receive Amendment 80 species assigned to the Amendment 80 limited access fishery, or use halibut and
crab PSC assigned to the Amendment
80 limited access fishery. An Amendment 80 limited access fishery permit
is issued annually to an Amendment 80
QS holder who:
(A) Has submitted a timely and complete application for the Amendment 80
limited access fishery as described at
§ 679.91(b)(4) that is approved by NMFS,
or
(B) Is assigned to the Amendment 80
limited access fishery by NMFS as described at § 679.91(a)(3)(ii); and
(C) Has submitted a timely and complete EDR for all Amendment 80 QS
permits held by that person as described under § 679.94.
(ii) An Amendment 80 limited access
fishery permit is valid until whichever
of the following occurs first:
(A) Until the end of the year for
which the Amendment 80 limited access fishery permit is issued; or
(B) Until the permit is revoked, suspended, or modified pursuant to § 679.43
or under 15 CFR part 904.
(iii) A legible copy of the Amendment
80 limited access fishery permit must
be carried onboard an Amendment 80
vessel assigned to the Amendment 80
limited access fishery when fishing in
the BSAI or adjacent waters open by
the State of Alaska for which it adopts
a Federal fishing season.

598

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§ 679.4

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

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

599

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50 CFR Ch. VI (10–1–23 Edition)

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

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

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

are available from the Alaska Region
website at http://alaskafisheries.noaa.gov
or may be requested by calling the Sustainable Fisheries Division at 907–586–
7228 or faxing 907–586–7465. The forms
may be completed online, printed, and
mailed or faxed to NMFS at the address or fax number shown on the form.
The forms also may be completed online, saved as a file, and submitted to
NMFS as an attachment to an e-mail
to the e-mail address shown on the
form.
(ii) Current editions. The operator
must use the current edition of the
logbooks and current format of the
forms. Upon approval from the Regional Administrator NMFS-approved
electronic versions of the forms may be
used. Upon written notification and approval by the Regional Administrator,
logbooks from the previous year may
be used.
(iii) Management program defined. A
‘‘management program’’ is a unique
fishery program with a specific management strategy and/or allocation.
Harvest that occurred under the management programs listed in the following table must be recorded separately in the logbooks, forms, and
eLandings.

[61 FR 31230, June 19, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.4, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 679.5 Recordkeeping and reporting
(R&R).
(a) General R&R requirements. R&R requirements include, but are not limited
to, paper and electronic documentation, logbooks, forms, reports, receipts,
computer printouts, and requests for
inspection described in this section and
in § 679.28.
(1) Groundfish logbooks and forms. (i)
The Regional Administrator will prescribe and provide groundfish logbooks
required under this section. All groundfish forms required under this section
If harvest made under . . . program

Record the . . .

For more information,
see . . .

(A) Western Alaska Community Development Quota (CDQ)

CDQ number

subpart C of this part

(B) Exempted Fishery

Exempted fishery permit number

§ 679.6

(C) Research Fishery

Research fishery permit number

§ 600.745(a) of this chapter

(D) Aleutian Islands Pollock (AIP)

n/a

subpart F of this part

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

[for recording in eLandings only]
Cooperative number
Cooperative number

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

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

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Fishery Conservation and Management

§ 679.5

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

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

Logsheet Distribution and Submittal
If logsheet
color is ...

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

CV trw

CP lgl/pot

CP trw

MS

(1) White

X

X

X

X

X

(2) Goldenrod

X

X

X

X

X

(3) Yellow

X

(4) Blue

X

Time limit

Must retain, permanently bound in logbook
Observer

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

X

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

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

X

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

Within 2 hours after completion of catch delivery

603

§ 679.5

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

If logsheet
color is ...
(5) Green

Logsheets found in these logbooks
CV lgl/pot

CV trw

X

CP lgl/pot

CP trw

Submit to ...

Time limit

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

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

MS

X

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

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

Fishing Category

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

Catcher vessel, longline or pot gear

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

Catcher/processor, longline or pot gear

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

Catcher vessel, trawl gear

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

Catcher/processor, trawl gear

(c)(5)(ii)

Shoreside processor or SFP

(c)(6)(iv)

Mothership

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

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

604

Fishery Conservation and Management

§ 679.5

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

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

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

Time limit for recording

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

Within 2 hours after completion of gear retrieval.

(2) Discard and disposition information

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

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

Within 2 hours after completion of catch delivery

(4) All other required information

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

(5) Operator sign the completed logsheets

Within 2 hours after completion of catch delivery

(6) Submit goldenrod logsheet to the observer

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

605

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

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

Record
In DCPL

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

X

Submit via
eLandings

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

(2) Discard and disposition information

X

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

(3) Product information

X

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

(4) All other required information

X

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

(5) Operator sign the completed logsheets

X

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

(6) Submit goldenrod logsheet to the observer

X

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

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

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

606

Fishery Conservation and Management

§ 679.5

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

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

If gear type is . . .

Then . . .

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

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

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

607

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

REPORTING TIME LIMITS, CATCHER VESSEL TRAWL GEAR
Required information

Time limit for recording

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

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

(2) Discard and disposition information

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

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

Within 2 hours after completion of catch delivery

(4) Record all other required information

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

(5) Operator sign the completed logsheets

Within 2 hours after completion of catch delivery

(6) Submit the goldenrod logsheet to the observer

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

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

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

REPORTING TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR
Required information

Record
In DCPL

Submit via
eLandings

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

X

Within 2 hours after completion of gear retrieval.

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

X

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

Time limit for recording

(3) Discard and disposition information

X

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

(4) Product information

X

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

(5) All other required information

X

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

(6) Operator sign the completed logsheets

X

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

(7) Submit the goldenrod logsheet to the observer

X

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

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

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

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

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Fishery Conservation and Management

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

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

REPORTING TIME LIMITS, MOTHERSHIP
Required information

Record
In DCPL

(A) All catcher vessel or tender vessel delivery information

X

Submit via
eLandings

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

(B) Product information

X

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

(C) Discard or disposition information

X

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

(D) All other required information

X

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

(E) Operator sign the completed logsheets

X

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

(F) Submit the goldenrod logsheet to the observer

X

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

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

CODE

(1) The catcher vessel does not have an
FFP

‘‘P’’

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

‘‘P’’

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

‘‘L’’

(4) The catcher vessel delivered an
unsorted codend

‘‘U’’

(5) Another reason; describe circumstances

‘‘O’’

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

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§ 679.5

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

616

Fishery Conservation and Management

§ 679.5

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

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

CODE

(i) The catcher vessel does not have an
FFP

‘‘P’’

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

‘‘P’’

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

‘‘L’’

(iv) The catcher vessel delivered an
unsorted codend

‘‘U’’

(v) Another reason; describe circumstances

‘‘O’’

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

CODE

(i) The catcher vessel does not have an
FFP

‘‘P’’

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

‘‘P’’

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

‘‘L’’

(iv) The catcher vessel delivered an
unsorted codend

‘‘U’’

(v) Another reason; describe circumstances

‘‘O’’

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

618

Fishery Conservation and Management

§ 679.5

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

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

619

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

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

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

620

Fishery Conservation and Management

§ 679.5

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

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

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§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

622

Fishery Conservation and Management

§ 679.5

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

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

623

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

624

Fishery Conservation and Management

§ 679.5

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

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

625

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

626

Fishery Conservation and Management

§ 679.5

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

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

627

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

If you are shipping . . .

Enter under ‘‘Shipper’’ . . .

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

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

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

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

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

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

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

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

Receiver

Date & time of product
transfer

Location of product
transfer

Mode of transportation
and intended route

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

Date and time when
shipment leaves the
plant.

Port or city of product
transfer.

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

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

Port or city of product
transfer.

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

Date and time when
shipment leaves the
plant.

Port or city of product
transfer.

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

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

Port or city of product
transfer.

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

Start and finish dates
and times of transfer.

The first destination of
the vessel.

Vessel name and call
sign.

Start and finish dates
and times of transfer.

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

Agent name and location (city, state).

Transfer start and finish
dates and times.

Port, city, or position of
product transfer.

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

628

The first destination of
the vessel.

Fishery Conservation and Management

§ 679.5
Then enter . . .

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

Receiver

Date & time of product
transfer

Location of product
transfer

‘‘RETAIL SALES’’ ........

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

Port or city of product
transfer.

N/A.

‘‘BAIT SALES’’ .............

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

Port or city of product
transfer.

N/A.

‘‘WHOLESALE SALES’’

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

Port or city of product
transfer.

N/A.

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

Mode of transportation
and intended route

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

629

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

(ii) COBLZ or RKCSA

(iii) Gear Type

If you are a ...

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

Submit a CEASE message

(A) C/P using trawl gear

Before gear deployment.

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

(B) C/P using longline or pot
gear

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

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

(C) MS

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

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

(A) C/P using trawl gear

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

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

(B) MS

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

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

(A) C/P

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

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

630

Fishery Conservation and Management
For ...

Submit a BEGIN message

Submit a CEASE message

(B) MS

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

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

(A) MS

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

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

(B) C/P

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

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

(A) C/P

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

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

(B) MS

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

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

(A) C/P

Prior to AIP fishing.

Within 24 hours after completion of gear retrieval for AIP.

(B) MS

Before receiving AIP.

Within 24 hours after receipt
of AIP has ceased.

(vii) Processor Type

C/P, MS

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

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

(viii) Change of fishing year

(A) C/P, MS

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

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

(B) SS, SFP

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

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

(ix) Interruption of production

SS, SFP, MS

n/a

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

(x) Change of location

AFA SFP

Before receiving groundfish.

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

(iv) CDQ

(v) Exempted or Research
Fishery

(vi) Aleutian Islands Pollock
(AIP)

If you are a ...

§ 679.5

631

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

Check-out Report

Required information
MS

C/P

SS, SFP

MS

C/P

SS, SFP

(i) Whether an original or revised report

X

X

X

X

X

X

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

X

X

X

X

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

X

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

X

X

(v) COMSAT number (if applicable)

X

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

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

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

X

X

(B) When gear deployment will begin

X

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

X

(D) When the vessel departed the reporting area

X

X

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

X

(B) Where receiving groundfish (if SFP):

X

(C) Where gear is deployed

X

(D) Where the last receipt of groundfish was completed

X

(E) Where the vessel departed the reporting area

X

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

X
X

(C) Where the last receipt of groundfish was completed

X

(D) Where the vessel departed the reporting area

X

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

X

(B) Expected to be harvested the following week

X

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

X

(xiii) If YES, indicate

632

Fishery Conservation and Management

§ 679.5
Check-in Report

Check-out Report

Required information
MS

C/P

SS, SFP

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

X

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

X

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

MS

C/P

SS, SFP

X
X
X

X

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

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

633

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

634

Fishery Conservation and Management

§ 679.5

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

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

635

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

636

Fishery Conservation and Management

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

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

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50 CFR Ch. VI (10–1–23 Edition)

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

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

638

Fishery Conservation and Management

§ 679.5

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

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

639

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

640

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§ 679.5

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

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

641

§ 679.5

50 CFR Ch. VI (10–1–23 Edition)

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

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

642

Fishery Conservation and Management

§ 679.5

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

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

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

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

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

643

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50 CFR Ch. VI (10–1–23 Edition)

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

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

(4) General report requirements. Each
CQE must report the following information:
(i) The eligible community or communities, represented by the CQE, any
new communities, and any withdrawn
communities;
(ii) Any changes in the bylaws of the
CQE, board of directors, or other key
management personnel; and
(iii) Copies of minutes and other relevant decision making documents from
all CQE board meetings held during the
prior calendar year.
(5) Program specific report requirements. Each CQE must report business
operations and fishing activity for the
char