50 CFR § 660.501-660-520 - Fisheries of West Coast States - Coastal Pelagics Fisheries

352 50 CFR Ch. VI (10–1–22 Edition) § 660.501 4th Field hydrologic unit code Hydrologic unit name State(s) Chinook salmon Coho salmon Puget Sound pink salmon Impassable dam(s) 18040011 .. Upper Calaveras ......................... CA ....... X ............ .................... New Hogan Dam. 18040012 .. Upper Mokelumne ....................... CA ....... X ............ .................... Camanche Dam. 18040013 .. Upper Cosumnes ........................ CA ....... X ............ .................... n/a. 18050001 .. Suisun Bay .................................. CA ....... X ............ .................... n/a. 18050002 .. San Pablo Bay ............................ CA ....... X X .................... San Pablo Dam (San Pablo Cr.). 18050003 .. Coyote ......................................... CA ....... X X .................... LeRoy Anderson Dam. 18050004 .. San Francisco Bay ...................... CA ....... X X .................... n/a. 18050005 .. Tomales-Drake Bays ................... CA ....... X X .................... Nicasio Dam (Nicasio Cr.) Peters Dam (Lagunitas Cr.). 18050006 .. San Francisco Coastal South ..... CA ....... .............. X .................... n/a. 18060015 .. Monterey Bay 6 CA ....... .............. X .................... Newell Dam (Newell Cr.) 1 Cougar Dam is a barrier to coho salmon only. Chinook salmon are trapped and hauled above the dam. 2 Big Cliff Dam is a barrier to coho salmon only. Chinook salmon are trapped and hauled above the dam. 3 Capay Dam was selected as the upstream extent of EFH because it was identified as a complete barrier by NMFS biologists and is located in the vicinity of the historical upstream extent of Chinook salmon distribution. 4 Natural ‘‘lower falls’’ are downstream of any artificial barriers that would meet the criteria for designating them as the up stream extent of EFH; therefore, the upstream extent of EFH within this HU is at the ‘‘lower falls’’. 5 EFH for Chinook salmon in the Middle San Joaquin-Lower Chowchilla HU (18040001) and Lower San Joaquin River HU (18040002) includes the San Joaquin River, its eastern tributaries, and the lower reaches of the western tributaries. Although there is no evidence of current or historical Chinook salmon distribution in the western tributaries (Yoshiyama et al. 2001), the lower reaches of these tributaries could provide juvenile rearing habitat or refugia from high flows during floods as salmon mi grate along the mainstem in this area. 6 EFH for coho salmon in the Monterey Bay HU does not include the sections south of the Pajaro HU (18060002). [79 FR 75450, Dec. 18, 2014] Subpart I—Coastal Pelagics Fisheries SOURCE: 64 FR 69893, Dec. 15, 1999, unless otherwise noted. § 660.501 Purpose and scope. This subpart implements the Fishery Management Plan for Coastal Pelagic Species (FMP). These regulations gov ern commercial fishing for CPS in the EEZ off the coasts of Washington, Or egon, and California. § 660.502 Definitions. In addition to the definitions in the Magnuson-Stevens Act and in § 600.10 of this chapter, the terms used in this subpart have the following meanings: Actively managed species (AMS) means those CPS for which the Secretary has determined that harvest guidelines or quotas are needed by Federal manage ment according to the provisions of the FMP. Advisory Subpanel (AP) means the Coastal Pelagic Species Advisory Subpanel that comprises members of the fishing industry and public ap pointed by the Council to review pro posed actions for managing the coastal pelagic fisheries. Biomass means the estimated amount, by weight, of a coastal pelagic species population. The term biomass means total biomass (age 1 and above) unless stated otherwise. Coastal pelagic species (CPS) means northern anchovy (Engraulis mordax), Pacific mackerel (Scomber japonicus), Pacific sardine (Sardinops sagax), jack mackerel (Trachurus symmetricus), and market squid (Loligo opelescens). Coastal Pelagic Species Management Team (CPSMT) means the individuals appointed by the Council to review, analyze, and develop management measures for the CPS fishery. Comparable capacity means gross ton nage plus 10 percent of the vessel’s cal culated gross tonnage. Council means the Pacific Fishery Management Council, including its CPSMT, AP, Scientific and Statistical Committee (SSC), and any other com mittee established by the Council. Finfish means northern anchovy, Pa cific mackerel, Pacific sardine, and jack mackerel. Fishery Management Area means the EEZ off the coasts of Washington, Or egon, and California between 3 and 200 nautical miles offshore, bounded in the north by the Provisional International Boundary between the United States and Canada, and bounded in the south by the International Boundary between the United States and Mexico. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00362 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 353 Fishery Conservation and Management § 660.502 Fishing trip means a period of time between landings when fishing is con ducted. Gross tonnage (GT) means gross ton nage as determined by the formula in 46 CFR 69.209(a) for a vessel not de signed for sailing (.67 × length × breadth × depth/100). A vessel’s length, breadth, and depth are those specified on the vessel’s certificate of docu mentation issued by the U.S. Coast Guard or State. Harvest guideline means a specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not require complete closure of a fishery. It is operationally similar to an Annual Catch Target (ACT) (as defined at § 600.310(f)(2) of this chapter). Harvesting vessel means a vessel in volved in the attempt or actual catch ing, taking or harvesting of fish, or any activity that can reasonably be ex pected to result in the catching, taking or harvesting of fish. Initial harvest guideline means a speci fied numerical harvest objective set at the beginning of the fishing season. Krill means all species of euphausiids that occur in the EEZ off the West Coast. Land or Landing means to begin transfer of fish from a fishing vessel. Once transfer begins, all fish onboard the vessel are counted as part of the landing. Limited entry fishery means the com mercial fishery consisting of vessels fishing for CPS in the CPS Manage ment Zone under limited entry permits issued under § 660.512. Live bait fishery means fishing for CPS for use as live bait in other fish eries. Nonreduction fishery means fishing for CPS for use as dead bait or for proc essing for direct human consumption. Owner, means a person who is identi fied as the current owner in the Certifi cate of Documentation (CG–1270) issued by the U.S. Coast Guard for a docu mented vessel, or in a registration cer tificate issued by a state or the U.S. Coast Guard for an undocumented ves sel. Person, means any individual, cor poration, partnership, association or other entity (whether or not organized or existing under the laws of any state), and any Federal, state, or local government, or any entity of any such government that is eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a). Processing or to process means pre paring or packaging coastal pelagic species to render the fish suitable for human consumption, pet food, indus trial uses or long-term storage, includ ing, but not limited to, cooking, can ning, smoking, salting, drying, filleting, freezing, or rendering into meal or oil, but does not mean heading and gutting unless there is additional preparation. Prohibited harvest species means all krill species in the EEZ off the West Coast. Prohibited Species means all species of trout and salmon (Salmonidae) and Pa cific halibut (Hippoglossus stenolepis). Quota means a specified numerical harvest objective for a single species of CPS, the attainment (or expected at tainment) of which causes the com plete closure of the fishery for that species. Reduction fishery means fishing for CPS for the purposes of conversion into fish flour, fish meal, fish scrap, fer tilizer, fish oil, other fishery products, or byproducts for purposes other than direct human consumption. Regional Administrator means the Re gional Administrator, West Coast Re gion, NMFS,501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802–4213, or a designee. Reserve means a portion of the har vest guideline or quota set aside at the beginning of the year for specific pur poses, such as for individual harvesting groups to ensure equitable distribution of the resource or to allow for uncer tainties in preseason estimates of DAP and JVP. Sustainable Fisheries Division (SFD) means the Assistant Regional Adminis trator for Sustainable Fisheries, Southwest Region, NMFS, or a des ignee. Totally lost means that the vessel being replaced no longer exists in spe cie, or is absolutely and irretrievably sunk or otherwise beyond the possible VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00363 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 354 50 CFR Ch. VI (10–1–22 Edition) § 660.503 control of the owner, or the costs of re pair (including recovery) would exceed the repaired value of the vessel. Trip limit means the total allowable amount of a CPS species by weight or by percentage of weight of fish on board the vessel that may be taken and retained, possessed, or landed from a single fishing trip by a vessel that har vests CPS. [64 FR 69893, Dec. 15, 1999, as amended at 68 FR 3822, Jan. 27, 2003; 71 FR 37001, June 29, 2006; 74 FR 33373, July 13, 2009; 76 FR 70363, Nov. 14, 2011; 83 FR 6473, Feb. 14, 2018] § 660.503 Management subareas. The fishery management area is di vided into subareas for the regulation of fishing for CPS, with the following designations and boundaries: (a) CPS Limited Entry Zone means the EEZ between: (1) Northern boundary—at 39°00′00″ N. lat. off California; and (2) Southern boundary—the United States-Mexico International Boundary, which is a line connecting the fol lowing coordinates: 32°35′22″ N. lat., 117°27′49″ W. long. 32°37′37″ N. lat., 117°49′31″ W. long. 31°07′58″ N. lat., 118°36′18″ W. long. 30°32′31″ N. lat., 121°51′58″ W. long. (b) Subarea A means the EEZ be tween: (1) Northern boundary—the United States-Canada Provisional Inter national Boundary, which is a line con necting the following coordinates: 48°29′37.19″ N. lat. 124°43′33.19″ W. long. 48°30′11″ N. lat. 124°47′13″ W. long. 48°30′22″ N. lat. 124°50′21″ W. long. 48°30′14″ N. lat. 124°54′52″ W. long. 48°29′57″ N. lat. 124°59′14″ W. long. 48°29′44″ N. lat. 125°00′06″ W. long. 48°28′09″ N. lat. 125°05′47″ W. long. 48°27′10″ N. lat. 125°08′25″ W. long. 48°26′47″ N. lat 125°09′12″ W. long. 48°20′16″ N. lat. 125°22′48″ W. long. 48°18′22″ N. lat. 125°29′58″ W. long. 48°11′05″ N. lat. 125°53′48″ W. long. 47°49′15″ N. lat. 126°40′57″ W. long. 47°36′47″ N. lat. 127°11′58″ W. long. 47°22′00″ N. lat. 127°41′23″ W. long. 46°42′05″ N. lat. 128°51′56″ W. long. 46°31′47″ N. lat. 129°07′39″ W. long.; and (2) Southern boundary—at 39°00′00″ N. lat. (Pt. Arena). (c) Subarea B means the EEZ be tween: (1) Northern boundary—at 39°00′00″ N. lat. (Pt. Arena); and (2) Southern boundary—the United States-Mexico International Boundary described in paragraph (a)(2) of this section. [64 FR 69893, Dec. 15, 1999, as amended at 68 FR 52527, Sept. 4, 2003] § 660.504 Vessel identification. (a) Official number. Each fishing ves sel subject to this subpart must display its official number on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck so as to be visible from enforce ment vessels and aircraft. (b) Numerals. The official number must be affixed to each vessel subject to this subpart in block Arabic numer als at least 14 inches (35.56 cm) in height. Markings must be legible and of a color that contrasts with the back ground. § 660.505 Prohibitions. In addition to the general prohibi tions specified in § 600.725 of this chap ter, it is unlawful for any person to do any of the following: (a) In the CPS Limited Entry Zone, take and retain, possess or land more than 5 mt of CPS finfish, other than live bait, on a harvesting vessel with out a limited entry permit. (b) In the CPS Limited Entry Zone, take and retain, possess or land more than 125 mt of CPS finfish on a har vesting vessel. (c) Sell CPS without an applicable commercial state fishery license. (d) Fish in the reduction fishery for CPS in any closed area specified in § 660.507. (e) Fish in the reduction fishery for northern anchovy using gear not au thorized under § 660.506. (f) When fishing for CPS, fail to re turn a prohibited species to the sea im mediately with a minimum of injury. (g) Falsify or fail to affix and main tain vessel markings as required by § 660.504. (h) Fish for CPS in violation of any terms or conditions attached to an ex empted fishing permit issued under § 600.745 of this chapter. (i) When a directed fishery has been closed, take and retain, possess, or land VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00364 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 355 Fishery Conservation and Management § 660.508 more than the incidental trip limit an nounced in the FEDERAL REGISTER, or a directed trip limit as described in § 660.511(d). (j) Refuse to submit fishing gear or fish subject to such person’s control to inspection by an authorized officer, or to interfere with or prevent, by any means, such an inspection. (k) Falsify or fail to make and/or file any and all reports of fishing, landing, or any other activity involving CPS, containing all data, and in the exact manner, required by the applicable State law, as specified in § 660.3. (l) Fail to carry aboard a vessel that vessel’s limited entry permit issued under § 660.512 or exempted fishing per mit issued under § 660.516. (m) Make a false statement on an ap plication for issuing, renewing, trans ferring, or replacing a limited entry permit for the CPS fishery. (n) When fishing for CPS, deploy a net if a southern sea otter is observed within the area that would be encircled by the purse seine net. (o) Fish for, target, harvest or land a prohibited harvest species in any fish ery within the EEZ off the West Coast. [64 FR 69893, Dec. 15, 1999, as amended at 72 FR 29892, May 30, 2007; 74 FR 33373, July 13, 2009; 83 FR 6473, Feb. 14, 2018; 83 FR 28784, June 21, 2018] § 660.506 Gear restrictions. The only fishing gear authorized for use in the reduction fishery for north ern anchovy off California are round haul nets that have a minimum wet stretch mesh size of 10⁄16 of an inch (1.59 cm) excluding the bag portion of a purse seine. The bag portion must be constructed as a single unit and must not exceed a rectangular area, adjacent to 20 percent of the total corkline of the purse seine. Minimum mesh size re quirements are met if a stainless steel wedge can be passed with only thumb pressure through 16 of 20 sets of 2 meshes each of wet mesh. The wedges used to measure trawl mesh size are made of 20 gauge stainless steel and will be no wider than 10⁄16 of an inch (1.59 cm) less one thickness of the metal at the widest part. § 660.507 Closed areas to reduction fishing. The following areas are closed to re duction fishing: (a) Farallon Islands closure (see Figure 1 to this subpart). The portion of Sub area A bounded by— (1) A straight line joining Pigeon Point Light (37°10.9′ N. lat., 122°23.6′ W. long.) and the U.S. navigation light on Southeast Farallon Island (37°42.0′ N. lat., 123°00.1′ W. long.); and (2) A straight line joining the U.S. navigation light on Southeast Farallon Island (37°42.0′ N. lat., 123°00.1′ W. long.) and the U.S. navigation light on Point Reyes (37°59.7′ N. lat., 123°01.3′ W. long.). (b) Subarea B closures. Those portions of Subarea B described as— (1) Oxnard closure (see Figure 1 to this subpart). The area that extends offshore 4 miles from the mainland shore between lines running 250° true from the steam plant stack at Manadalay Beach (34°12.4′ N. lat., 119°15.0′ W. long.) and 220° true from the steam plant stack at Ormond Beach (34°07.8′ N. lat., 119°10.0′ W. long.). (2) Santa Monica Bay closure (see Fig ure 1 to this subpart). Santa Monica Bay shoreward of that line from Malibu Point (34°01.8′ N. lat., 188°40.8′ W. long.) to Rocky Point (Palos Verdes Point) (33°46.5′ N. lat., 118°25.7′ W. long.). (3) Los Angeles Harbor closure (see Fig ure 1 to this subpart). The area outside Los Angeles Harbor described by a line extending 6 miles 180° true from Point Fermin (33°42.3′ N. lat., 118°17.6′ W. long.) and then to a point located 3 miles offshore on a line 225° true from Huntington Beach Pier (33°39.2′ N. lat., 118°00.3′ W. long.). (4) Oceanside to San Diego closure (see Figure 1 to this subpart). The area 6 miles from the mainland shore south of a line running 225° true from the tip of the outer breakwater (33°12.4′ N. lat., 117°24.1′ W. long.) of Oceanside Harbor to the United States-Mexico Inter national Boundary. § 660.508 Annual specifications. (a) The Regional Administrator will determine any harvest guideline, quota, Annual Catch Limit (ACL) (de fined at § 600.310(f)(2)) or Annual Catch Target (ACT) (defined at § 600.310(f)(2) VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00365 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 356 50 CFR Ch. VI (10–1–22 Edition) § 660.509 of this chapter) in accordance with the framework process in the FMP. (b) Any harvest guideline, quota, ACL, or ACT, including any apportion ment between the directed fishery and set-aside for incidental harvest, will be published in the FEDERAL REGISTER. (c) The announcement of each har vest guideline, quota, ACL or ACT will contain the following information if available or applicable: (1) The estimated biomass or MSY proxy on which the harvest guideline, quota, ACL or ACT was determined; (2) The portion, if appropriate, of the harvest guideline, quota, ACL or ACT set aside to allow for incidental har vests after closure of the directed fish ery; (3) The estimated level of the inci dental trip limit that will be allowed after the directed fishery is closed; and (4) The allocation, if appropriate, be tween Subarea A and Subarea B. (d) As necessary, harvest guidelines, quotas, OFLs (defined at § 600.310(f)(2)), ABCs (defined at § 600.310(f)(2) of this chapter), ACLs or ACTs, will receive public review according to the fol lowing procedure: (1) Meetings will be held by the Coun cil’s CPSMT and AP, where the esti mated biomass and/or other biological or management benchmarks will be re viewed and public comments received. Each of these meetings will be an nounced in the FEDERAL REGISTER be fore the date of the meeting, if pos sible. (2) All materials relating to the esti mated biomass and/or other biological or management benchmarks will be forwarded to the Council and its Sci entific and Statistical Committee and will be available to the public from the Regional Administrator when avail able. (3) At a regular meeting of the Coun cil, the Council will review the esti mated biomass and/or other biological or management benchmarks and offer time for public comment. If the Coun cil requests a revision, justification must be provided. (4) The Regional Administrator will review the Council’s recommendations, justification, and public comments and base his or her final decision on the re quirements of the FMP and other ap plicable law. (e) Pacific mackerel. Every 2 years the Regional Administrator will deter mine, and publish in the FEDERAL REG ISTER, harvest specifications for 2 con secutive fishing seasons for Pacific mackerel. [76 FR 70363, Nov. 14, 2011, as amended at 82 FR 35688, Aug. 1, 2017] § 660.509 Accountability measures (season closures). (a) General rule for this subpart. When the directed fishery allocation, inci dental allocation, annual catch limit is reached for any CPS species, the fish ery for that CPS species will be closed until the beginning of the next fishing period or season. The Regional Admin istrator shall announce in the FEDERAL REGISTER the date of such closure, as well as any incidental harvest level(s) recommended by the Council and ap proved by NMFS. (b) Pacific Sardine. When the alloca tion and reallocation levels for Pacific sardine in § 660.511(f) through (h) are reached, the Pacific sardine fishery shall be closed until either it re-opens per the allocation scheme in § 660.511(g) and (h) or the beginning of the next fishing season as stated in § 660.510(a). The Regional Administrator shall an nounce in the FEDERAL REGISTER the date of the closure of the directed fish ery for Pacific sardine. [76 FR 70364, Nov. 14, 2011, as amended at 84 FR 25202, May 31, 2019] § 660.510 Fishing seasons. All seasons will begin at 0001 hours and terminate at 2400 hours local time. Fishing seasons for the following CPS species are: (a) Pacific sardine. July 1 to June 30, or until closed under § 660.509. (b) Pacific mackerel. July 1 to June 30, or until closed under § 660.509. [64 FR 69893, Dec. 15, 1999, as amended at 79 FR 11344, Feb. 28, 2014] § 660.511 Catch restrictions. (a) All CPS harvested shoreward of the outer boundary of the EEZ (0–200 nautical miles off shore) will be count ed toward the catch limitations speci fied in this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00366 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 357 Fishery Conservation and Management ยง 660.512 (b) The trip limit for harvesting ves sels fishing in the CPS Limited Entry Zone for CPS other than live bait with out a limited entry permit is 5 mt tons of all CPS finfish combined. (c) The trip limit for vessels with a limited entry permit on a fishing trip in which the vessel fishes or lands fish in the Limited Entry Zone is 125 mt of all CPS finfish combined. (d) After the directed fishery for a CPS is closed under ยง 660.509, no person may take and retain, possess or land more of that species than the inci dental trip limit set by the Regional Administrator, except the following di rected fisheries may continue until the effective date of a FEDERAL REGISTER document published by the Regional Administrator that the annual catch limit has been reached or is projected to be reached: (1) Fishing exclusively for live bait; (2) Minor directed fishing for finfish that does not exceed 1 mt per day per vessel or person, and which is limited to 1 fishing trip per day by any vessel. (e) While fishing for CPS, all species of trout and salmon (Salmonidae) and Pacific halibut (Hippoglossus stenolepis) are prohibited species and must be re leased immediately with a minimum of injury. (f) On July 1, 40 percent of the initial harvest guideline for Pacific sardine is allocated coastwide within the fishery management area. (g) On September 15, 25 percent of the initial harvest guideline for Pacific sardine plus the remaining unharvested portion of the July 1 allocation in paragraph (f) of this section is allo cated coastwide within the fishery management area. (h) On January 1, 35 percent of the initial harvest guideline for Pacific sardine plus the remaining unharvested portion of the September 15 allocation is allocated coastwide within the fish ery management area. (i) The following harvest specifica tions apply for Pacific mackerel: (1) For the Pacific mackerel fishing season July 1, 2021, through June 30, 2022, the harvest guideline is 8,323 mt and the ACT is 7,323 mt; and (2) For the Pacific mackerel fishing season July 1, 2022, through June 30, 2023, the harvest guideline is 5,822 mt and the ACT of 4,822 mt. (j) When an ACT in paragraph (i) of this section has been reached or ex ceeded, then for the remainder of the Pacific mackerel fishing season, Pa cific mackerel may not be targeted and landings of Pacific mackerel may not exceed: 45 percent of landings when Pa cific mackerel are landed in CPS fish eries (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel), or up to 3 mt of Pacific mackerel when landed in non-CPS fisheries. The NMFS West Coast Regional Administer shall announce in the FEDERAL REGISTER the date that an ACT is reached or exceed ed, and the date and time that the re strictions described in this paragraph (j) go into effect. (k) The following ACLs apply to fish ing for monitored stocks of CPS finfish: (1) Northern Anchovy (Central Sub population): 25,000 mt. (2) [Reserved] [64 FR 69893, Dec. 15, 1999, as amended at 68 FR 52527, Sept. 4, 2003; 71 FR 37001, June 29, 2006; 79 FR 11344, Feb. 28, 2014; 83 FR 6473, Feb. 14, 2018; 83 FR 28784, June 21, 2018; 84 FR 25202, May 31, 2019; 84 FR 65927, Dec. 2, 2019; 85 FR 86865, Dec. 31, 2020; 86 FR 64827, Nov. 19, 2021] ยง 660.512 Limited entry fishery. (a) General. (1) This section applies to fishing for or landing CPS finfish in the limited entry fishery in the Limited Entry Zone. (2) Effective January 1, 2000, the owner of a vessel with more than 5 mt of CPS finfish on board in the CPS Limited Entry Zone, other than live bait, must have a limited entry permit registered for use with that vessel. (3) Only a person eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a) qualifies to be issued or may hold, by ownership or other wise, a limited entry permit. (b) Initial qualification. (1) A limited entry permit for a vessel will be issued only if that vessel landed 100 mt of CPS finfish from January 1, 1993, through November 5, 1997. (2) A limited entry permit will be issued only to the current owner of the vessel, unless: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00367 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 358 50 CFR Ch. VI (10–1–22 Edition) § 660.512 (i) The previous owner of a vessel qualifying for a permit, by the express terms of a written contract, reserved the right to the limited entry permit, in which case the limited entry permit will be issued to the previous owner based on the catch history of the quali fying vessel, or (ii) A vessel that would have quali fied for a limited entry permit was to tally lost prior to issuance of a limited entry permit. In this case, the owner of the vessel at the time it was lost re tains the right to a permit for a re placement vessel, unless the owner conveyed the right to another person by the express terms of a written con tract. The lost vessel must be replaced within 2 years of the date that the qualifying vessel was lost, and the re placed vessel must be of equal or less net tonnage. (c) Documentation and burden of proof. A vessel owner (or person holding lim ited entry rights under the express terms of a written contract as specified in paragraph (a)(2)) of this section ap plying for issuance, renewal, transfer, or registration of a limited entry per mit must prove that the qualification requirements are met by submitting the following documentation: (1) A certified copy of the vessel’s documentation as a fishing vessel of the United States (U.S. Coast Guard or state) is the best evidence of vessel ownership; (2) A certified copy of a state fish landing receipt is the best evidence of a landing of a vessel; (3) A copy of a written contract re serving or conveying limited entry rights is the best evidence of reserved or acquired rights; and (4) Other relevant, credible evidence that the applicant may wish to submit or that the SFD may request or re quire. (d) Fees. The Regional Administrator may charge fees to cover administra tive expenses related to issuing limited entry permits, as well as renewing, transferring, and replacing permits. The amount of the fee is calculated in accordance with the procedures of the NOAA Finance Handbook for deter mining the administrative costs of each special product or service. The fee may not exceed such costs and is speci fied with each application form. The appropriate fee must accompany each application. (e) Initial decisions. (1) The SFD will make initial decisions regarding issuing, renewing, transferring, and registering limited entry permits. (2) Adverse decisions shall be in writ ing and shall state the reasons for the adverse decision. (3) The SFD may decline to act on an application for issuing, renewing, transferring, or registering a limited entry permit and will notify the appli cant, if the permit sanction provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and implementing regu lations at 15 CFR part 904, subpart D, apply. (f) Initial issuance. (1) The SFD will issue limited entry permits. (2) In order to receive a final decision on a limited entry permit application before January 1, 2000, an applicant must submit the application to the SFD on or before February 14, 2000. (3) A separate, complete, and accu rate application form, accompanied by any required supporting documenta tion and the appropriate fee, must be submitted for each vessel for which a limited entry permit is sought. (4) Upon receipt of an incomplete or improperly executed application, the SFD will notify the applicant of the de ficiency. If the applicant fails to cor rect the deficiency within 30 days fol lowing the date of notification, the ap plication will be considered void. (5) The SFD may request further doc umentation before acting on an appli cation. (6) The SFD will not accept applica tions for a limited entry permit after July 1, 2000. (g) Appeals. (1) Any applicant for an initial permit may appeal the initial issuance decision to the Regional Ad ministrator. To be considered by the Regional Administrator, such appeal must be in writing and state the rea sons for the appeal, and must be sub mitted within 30 days of the action by the Regional Administrator. The appel lant may request an informal hearing on the appeal. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00368 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 359 Fishery Conservation and Management § 660.512 (2) Upon receipt of an appeal author ized by this section, the Regional Ad ministrator will notify the permit ap plicant, or permit holder as appro priate, and will request such additional information and in such form as will allow action upon the appeal. (3) Upon receipt of sufficient infor mation, the Regional Administrator will decide the appeal in accordance with the permit eligibility criteria set forth in this section and in the FMP, as appropriate, based upon information relative to the application on file at NMFS and the Council and any addi tional information submitted to or ob tained by the Regional Administrator, the summary record kept of any hear ing and the hearing officer’s rec ommended decision, if any, and such other considerations as the Regional Administrator deems appropriate. The Regional Administrator will notify all interested persons of the decision, and the reasons therefor, in writing, nor mally within 30 days of the receipt of sufficient information, unless addi tional time is needed for a hearing. (4) If a hearing is requested or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer des ignated for that purpose after first giv ing notice of the time, place, and sub ject matter of the hearing to the appli cant. The appellant and, at the discre tion of the hearing officer, other inter ested persons may appear personally or be represented by counsel at the hear ing and submit information and present arguments as determined ap propriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend in writing a decision to the Regional Ad ministrator. (5) The Regional Administrator may adopt the hearing officer’s rec ommended decision, in whole or in part, or may reject or modify it. In any event, the Regional Administrator will notify interested persons of the deci sion, and the reason(s) therefore, in writing, within 30 days of receipt of the hearing officer’s recommended deci sion. The Regional Administrator’s ac tion shall constitute final action for the agency for the purposes of the APA. (6) Any time limit prescribed in this section may be extended for a period not to exceed 30 days by the Regional Administrator for good cause, either upon his or her own motion or upon written request from the appellant stating the reason(s) therefore. (h) Issuance of new permits. (1) When the aggregate gross tonnage of all ves sels participating in the limited entry fishery declines below 5,650.9 metric tons (mt), the Council will review the status of the fishery, taking into con sideration: (i) The changes in gross tonnage that have and are likely to occur in the transfer of limited entry permits; (ii) The actual harvesting capacity as experienced in the current fishery in comparison to the capacity goal; (iii) Comments of the CPSMT; (iv) Any other relevant factors re lated to maintaining the capacity goal. (2) Following its review, the Council will recommend to NMFS whether ad ditional permit(s) should be issued and if the new permit(s) should be tem porary or permanent. The issuance of new permit(s) shall be based on the fol lowing: (i) The qualifying criteria in para graph (b) of this section, but vessels that were issued a permit before De cember 31, 2000, are not eligible. (ii) If no vessel meets the qualifying criteria in paragraph (b), then the per mit(s) will be issued to the vessel(s) with total landings nearest 100 mt dur ing the qualifying period of paragraph (b). (iii) No vessel will be issued a permit under this paragraph (h) that is cur rently registered for use with a permit. (3) The Regional Administrator will review the Council’s recommendation and determine whether issuing addi tional permit(s) is consistent with the FMP and with paragraph (h)(2) of this section. If issuing additional permit(s) is appropriate, the Regional Adminis trator will: (i) Issue the appropriate number of permits consistent with the Council’s recommendation; and (ii) Publish a document in the FED ERAL REGISTER notifying the public that new permits or a new permit has VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00369 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 360 50 CFR Ch. VI (10–1–22 Edition) § 660.513 been issued, the conditions attached to any permit, and the reasons for the ac tion. [64 FR 69893, Dec. 15, 1999, as amended at 68 FR 3822, Jan. 27, 2003] § 660.513 Permit conditions. (a) A limited entry permit expires on failure to renew the limited entry per mit as specified in § 660.515. (b) A limited entry permit may not be used with a vessel unless it is reg istered for use with that vessel. Lim ited entry permits will be registered for use with a particular vessel at the time the permit is issued, renewed, or transferred. (c) Limited entry permits issued or applied for under this subpart are sub ject to sanctions pursuant to the Mag nuson-Stevens Act, 16 U.S.C. 1858(g), and 15 CFR part 904, subpart D. § 660.514 Transferability. (a) General. (1) The SFD will process applications for transferring limited entry permits to a different owner and/ or to a different vessel according to this section. (2) After January 27, 2003, the SFD will issue a limited entry permit to the owner of each vessel permitted to par ticipate in the limited entry fishery for CPS. This permit will replace the ex isting permit and will include the gross tonnage of the vessel, which will con stitute an endorsement for that vessel for the purpose of regulating the trans fer of limited entry permits. (b) Criteria. (1) When the aggregate gross tonnage of all vessels partici pating the limited entry fishery is at or below 5,650.9 mt, a permit may be transferred to a different owner or to a different vessel in the following cir cumstances only: (i) A permit may be transferred to a vessel without a permit if the vessel without a permit has a comparable ca pacity to the capacity on the permit or is less than comparable capacity on the permit. (ii) When a permit is transferred to a vessel without a permit that has less gross tonnage than that of the per mitted vessel, the excess gross tonnage may not be separated from the permit and applied to a second vessel. (iii) A permit may be transferred to a vessel without a permit that is of greater than comparable capacity only if two or more permits are transferred to the vessel without a permit to equal the gross tonnage of the vessel. The number of permits required will be de termined by adding together the com parable capacity of all permits being transferred. Any gross tonnage in ex cess of that needed for a vessel remains with the permit. (2) When a vessel with multiple per mits leaves the fishery, the permits may be sold separately and applied to other vessels according to the criteria in this section. (c) Stipulations. (1) The gross tonnage endorsement of a permit is integral to the permit for the duration of the per mit, regardless of the gross tonnage of any vessel to which the permit is transferred. (2) Permits may be used only on the vessel for which they are registered by the SFD. All permits that authorize a vessel to operate in the limited entry fishery must be on board the vessel during any fishing trip on which CPS is harvested or is on board. (3) A permit may be transferred only once during a calendar year. (d) Vessel alterations. (1) A permitted vessel’s length, breadth, or depth may be altered to increase the gross ton nage of the vessel only if the aggregate gross tonnage of all vessels partici pating in the limited entry fishery equals, or is below 5,650.9 mt, and only under the following conditions: (i) The gross tonnage of the altered vessel, calculated according to the for mula in 46 CFR 69.209(a), does not ex ceed 110 percent of the vessel’s original gross tonnage endorsement, and (ii) A new certificate of documenta tion is obtained from the U.S. Coast Guard or State. Modifications exceed ing 110 percent of the vessel’s gross tonnage endorsement will require reg istration of the vessel under an addi tional permit or permits or under a permit with a sufficient gross tonnage endorsement. (2) A copy of the certificate of docu mentation indicating changes in length, depth, or breadth must be pro vided to the SFD. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00370 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 361 Fishery Conservation and Management § 660.518 (3) The revised gross tonnage will not be valid as an endorsement until a re vised permit is issued by the SFD. (e) Applications. (1) All requests for the transfer of a limited entry permit will be made to the SFD in writing and shall contain the following informa tion: (i) Name, address, and phone number of the owner of the permitted vessel. (ii) Name of the permitted vessel and documentation number of the vessel. (iii) Name, address, and phone num ber of the owner of the vessel to which the permit is to be transferred. (iv) Name and documentation num ber of the vessel to which the permit is to be transferred. (v) Signature(s) of the owner(s) of the vessels participating in the transfer. (vi) Any other information that the SFD may request. (2) No permit transfer is effective until the transfer has been authorized by the SFD. (f) Capacity reduction. (1) When the aggregate gross tonnage of the limited entry fleet reaches 5,933.5 mt, a permit may be transferred to a vessel without a permit only if the vessel without a permit is of the same or less gross ton nage. (2) When the aggregate gross tonnage of the limited entry fleet reaches 5,933.5 mt, alterations in the length, depth, or breadth of a permitted vessel may not result in an increase in the gross tonnage of the vessel. [68 FR 3823, Jan. 27, 2003] § 660.515 Renewal of limited entry per mits. (a) Each limited entry permit must be renewed by January 1 of even num bered years. (b) The SFD will send notices to renew limited entry permits to the most recent address of the permit hold er. (c) The permit owner must provide SFD with notice of any address change within 15 days of the change. (d) The permit holder must submit applications for renewal of a permit on forms available from the SFD. (e) The permit owner is responsible for renewing a limited entry permit. (f) An expired permit cannot be used to fish for CPS in the limited entry fishery. § 660.516 Exempted fishing. (a) General. In the interest of devel oping an efficient and productive fish ery for CPS, the Regional Adminis trator may issue exempted fishing per mits (EFP) for the harvest of CPS that otherwise would be prohibited. (b) No exempted fishing for CPS may be conducted unless authorized by an EFP issued for the participating vessel in accordance with the criteria and procedures specified in § 600.745 of this chapter. § 660.517 Framework for revising regu lations. (a) General. NMFS will establish and adjust specifications and management measures in accordance with proce dures and standards in Amendment 8 to the FMP. (b) Annual actions. Annual specifica tions are developed and implemented according to § 660.508. (c) Routine management measures. Con sistent with section. 2.1 of Amendment 8 to the FMP, management measures designated as routine may be adjusted during the year after recommendation from the Council, approval by NMFS, and publication in the FEDERAL REG ISTER. (d) Changes to the regulations. Regula tions under this subpart may be pro mulgated, removed, or revised. Any such action will be made according to the framework measures in section 2 of Amendment 8 to the FMP and will be published in the FEDERAL REGISTER. § 660.518 Pacific Coast Treaty Indian Rights. (a) Pacific Coast treaty Indian tribes have treaty rights to harvest CPS in their usual and accustomed fishing areas in the EEZ. (b) For the purposes of this section, Pacific Coast treaty Indian tribes means the Hoh, Makah, and Quileute Indian Tribes and the Quinault Indian Nation, and their ‘‘usual and accus tomed fishing areas’’ are described at § 660.4, subpart A. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00371 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 362 50 CFR Ch. VI (10–1–22 Edition) § 660.519 (c) Boundaries of a tribe’s fishing area may be revised as ordered by a Federal court. (d) Procedures. The rights referred to in paragraph (a) of this section will be implemented in accordance with the procedures and requirements of the framework contained in Amendment 9 to the FMP and in this Subpart. (1) The Secretary, after consideration of the tribal request, the recommenda tion of the Council, and the comments of the public, will implement Indian fishing rights. (2) The rights will be implemented ei ther through an allocation of fish that will be managed by the tribes or through regulations that will apply specifically to the tribal fisheries. (3) An allocation or a regulation spe cific to the tribes shall be initiated by a written request from a Pacific Coast treaty Indian tribe to the NMFS Southwest Regional Administrator at least 120 days prior to the start of the fishing season as specified at § 660.510 and will be subject to public review ac cording to the procedures in § 660.508(d). (4) The Regional Administrator will announce the annual tribal allocation at the same time as the annual speci fications. (e) The Secretary recognizes the sov ereign status and co-manager role of Indian tribes over shared Federal and tribal fishery resources. Accordingly, the Secretary will develop tribal allo cations and regulations in consultation with the affected tribe(s) and, insofar as possible, with tribal consensus. [66 FR 44987, Aug. 27, 2001, as amended at 81 FR 36808, June 8, 2016] § 660.519 Scientific observers. All fishing vessels operating in the coastal pelagic species fishery, includ ing catcher/processors, at-sea proc essors, and vessels that harvest in Washington, Oregon, or California and land catch in another area, may be re quired to accommodate NMFS- cer tified observers aboard to collect sci entific data. An observer program will be considered only for circumstances where other data collection methods are deemed insufficient for manage ment of the fishery. Any observer pro gram will be implemented in accord ance with § 660.517. [66 FR 44987, Aug. 27, 2001] § 660.520 Reporting requirements. (a) Otter interaction. (1) If a southern sea otter is entangled in a net, regard less of whether the animal is injured or killed, the vessel operator must report this interaction within 24 hours to the Regional Administrator. (2) While fishing for CPS, vessel oper ators must record all observations of otter interactions (defined as otters within encircled nets or coming into contact with nets or vessels, including but not limited to entanglement) with their purse seine net(s) or vessel(s). With the exception of an entanglement, which must be initially reported as de scribed in paragraph (a)(1)of this sec tion, all other observations must be re ported within 20 days to the Regional Administrator. (3) When contacting NMFS after an interaction, vessel operators must pro vide the location (latitude and lon gitude) of the interaction and a de scription of the interaction itself. If available, location information should also include water depth, distance from shore, and relation to port or other landmarks. Descriptive information of the interaction should include: whether or not the otters were seen inside or outside the net; if inside the net, had the net been completely encircled; whether any otters came in contact with either the net or the vessel; the number of otters present; duration of interaction; the otter’s behavior during interaction; measures taken to avoid interaction. (b) [Reserved] [72 FR 29892, May 30, 2007] VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00372 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 363 Fishery Conservation and Management § 660.600 FIGURE 1 TO SUBPART I OF PART 660—EXISTING CALIFORNIA AREA CLOSURES (HATCHED AREAS EXTEND TO 3 MILES OFFSHORE; CROSS-HATCHED AREAS EXTEND BEYOND 3 MILES OFFSHORE) AND OPTIONAL CATALINA CHANNEL FOREIGN VESSEL CLOSURE (OUTLINED BY DASHED LINES) Subpart J—West Coast Groundfish Electronic Monitoring Program SOURCE: 84 FR 31160, June 28, 2019, unless otherwise noted. § 660.600 Applicability. (a) General. This subpart contains re quirements for vessels using EM in lieu of observers, as authorized under § 660.140(h)(1)(i) (Shorebased IFQ Pro gram) and § 660.150(j)(1)(i) (MS Co-op Program), and requirements for EM service providers. Vessel owners, opera tors, and managers are jointly and sev erally liable for a vessel’s compliance with EM requirements under this sub part. This subpart also contains re quirements for a first receiver receiv ing catch from a trip monitored by EM (see § 660.604(u)). The table below pro vides references to the sections that contain vessel owner, operator, first re ceiver, and service provider respon sibilities. West coast groundfish fishery Section (1) Limited entry trawl fishery: (i) Vessel owners .......................................... 660.604 (ii) Vessel operators ..................................... 660.604 (iii) First receivers ......................................... 660.604 (iv) Service providers ................................... 660.603 (2) [Reserved]. (b) EM program purpose. The purpose of the EM program is to provide NMFS with the best scientific information VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00373 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31 E R 15 D E 99 .0 00 < /G P H > sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B