50 CFR § 660.701-660.721 - Fisheries of West Coast States - Highly Migratory Fisheries

380 50 CFR Ch. VI (10–1–22 Edition) § 660.701 of the first receiver and must be con sistent with the following require ments: (i) Any prohibited species landed at first receivers must not be transferred, processed, or mixed with another land ing until the catch monitor has: Re corded the number and weight of salm on by species; inspected all prohibited species for tags or marks; and, col lected biological data, specimens, and genetic samples. (ii) No part of any prohibited species may be retained for personal use by a vessel owner or crew member, or by a first receiver or processing crew mem ber. No part of any prohibited species may be allowed to reach commercial markets. (iii) Prohibited species suitable for human consumption at landing must be handled and stored to preserve the quality. Priority in disposition must be given to the donation to surplus food collection and distribution system op erated and established to assist in bringing donated food to nonprofit charitable organizations and individ uals for the purpose of reducing hunger and meeting nutritional needs. (iv) The first receiver must report all prohibited species landings on the elec tronic fish ticket and is responsible for maintaining records verifying the dis position of prohibited species. Records on catch disposition may include, but are not limited to: Receipts from chari table organizations that include the or ganization’s name and amount of catch donated; cargo manifests setting forth the origin, weight, and destination of all prohibited species; or disposal re ceipts identifying the recipient organi zation and amount disposed. Any such records must be maintained for a pe riod not less than three years after the date of disposal and such records must be provided to NMFS or authorized of ficers immediately upon request. (2) Protected Species handling and dis position. All protected species must be abandoned to NMFS or the U.S. Fish and Wildlife Service or disposed of con sistent with paragraphs (u)(2)(i) and (ii) of this section. No part of any pro tected species may be retained for per sonal use by a vessel owner or crew member, or by a first receiver or proc essing crew member. No part of any protected species may be allowed to reach commercial markets. (i) Eulachon and green sturgeon. Must be sorted and reported by species on electronic fish tickets and state land ing receipts and may not be reported in unspecified categories. Whole body specimens of green sturgeon must be retained, frozen, stored separately by delivery, and labeled with the vessel name, electronic fish ticket number, and date of landing. Arrangements for transferring the specimens must be made by contacting NMFS Southwest Fisheries Science Center at 831–420–3903 within 72 hours after the completion of the offload. (ii) Seabirds, marine mammals, and sea turtles. Albatross must reported to the U.S. Fish and Wildlife Service (541–867– 4558 extension 237 or 503–231–6179 as soon as possible and directions for sur rendering must be followed. Marine mammals and sea turtles must be re ported to NMFS as soon as possible (206–526–6550) and directions for surren dering or disposal must be followed. Whole body specimens must be labeled with the vessel name, electronic fish ticket number, and date of landing. Whole body specimens must be kept frozen or on ice until arrangements for surrendering or disposing are com pleted. Unless directed otherwise, after reporting is completed, seabirds, ma rine mammals, and sea turtles may be disposed by incinerating, rendering, composting, or returning the carcasses to sea. [84 FR 31160, June 28, 2019; 84 FR 36035, July 26, 2019, as amended at 84 FR 67680, Dec. 11, 2019; 85 FR 74614, Nov. 23, 2020; 86 FR 55527, Oct. 6, 2021] Subpart K—Highly Migratory Fisheries SOURCE: 69 FR 18453, Apr. 7, 2004, unless otherwise noted. § 660.701 Purpose and scope. This subpart implements the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (FMP). These regulations govern com mercial and recreational fishing for HMS in the U.S. EEZ off the coasts of Washington, Oregon, and California and in adjacent high seas waters. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00390 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 381 Fishery Conservation and Management ยง 660.702 ยง 660.702 Definitions. Basket-style longline gear means a type of longline gear that is divided into units called baskets, each con sisting of a segment of main line to which 10 or more branch lines with hooks are spliced. The mainline and all branch lines are made of multiple braided strands of cotton, nylon, or other synthetic fibers impregnated with tar or other heavy coatings that cause the lines to sink rapidly in sea water. Closure, when referring to closure of a fishery, means that taking and retain ing, possessing, or landing the par ticular species or species group is pro hibited. Commercial fishing means: (1) Fishing by a person who possesses a commercial fishing license or is re quired by law to possess such license issued by one of the states or the Fed eral Government as a prerequisite to taking, retaining, possessing, landing and/or sale of fish; or (2) Fishing that results in or can be reasonably expected to result in sale, barter, trade or other disposition of fish for other than personal consump tion. Commercial fishing gear includes the following types of gear and equipment used in the highly migratory species fisheries: (1) Harpoon. Gear consisting of a pointed dart or iron attached to the end of a pole or stick that is propelled only by hand and not by mechanical means. (2) Surface hook-and-line. Fishing gear, other than longline gear, with one or more hooks attached to one or more lines (includes troll, rod and reel, handline, albacore jig, live bait, and bait boat). Surface hook and line is al ways attached to the vessel. (3) Drift gillnet. A panel of netting, 14 inch (35.5 cm) stretched mesh or great er, suspended vertically in the water by floats along the top and weights along the bottom. A drift gillnet is not sta tionary or anchored to the bottom. (4) Purse seine. An encircling net that may be closed by a purse line threaded through the bottom of the net. Purse seine gear includes ring net, drum purse seine, and lampara nets. (5) Pelagic longline. A main line that is suspended horizontally in the water column and not stationary or an chored, and from which dropper lines with hooks (gangions) are attached. Legal longline gear also includes bas ket-style longline gear. Council means the Pacific Fishery Management Council, including its Highly Migratory Species Management Team (HMSMT), Scientific and Statis tical Committee (SSC), Highly Migra tory Species Advisory Subpanel (HMSAS), and any other committee es tablished by the Council. Fishing trip is a period of time be tween landings when fishing is con ducted. Fishing year is the year beginning at 0801 GMT (0001 local time) on April 1 and ending at 0800 GMT on March 31 (2400 local time) of the following year. Harvest guideline means a specified numerical harvest objective that is not a quota. Attainment of a harvest guideline does not require closure of a fishery. Highly Migratory Species (HMS) means species managed by the FMP, specifi cally: Billfish/Swordfish: striped marlin (Tetrapturus audax) swordfish (Xiphias gladius) Sharks: common thresher shark (Alopias vulpinus) shortfin mako or bonito shark (Isurus oxyrinchus) blue shark (Prionace glauca) Tunas: north Pacific albacore (Thunnus alalunga) yellowfin tuna (Thunnus albacares) bigeye tuna (Thunnus obesus) skipjack tuna (Katsuwonus pelamis) Pacific bluefin tuna (Thunnus orientalis) Other: dorado or dolphinfish (Coryphaena hippurus) Highly Migratory Species Advisory Subpanel (HMSAS) means the individ uals comprised of members of the fish ing industry and public appointed by the Council to review proposed actions for managing highly migratory species fisheries. Highly Migratory Species Fishery Man agement Plan (FMP) means the Fishery VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00391 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 382 50 CFR Ch. VI (10–1–22 Edition) § 660.703 Management Plan for the U.S. West Coast Fisheries for Highly Migratory Species developed by the Pacific Fish ery Management Council and approved by the Secretary of Commerce and amendments to the FMP. Highly Migratory Species Management Team (HMSMT) means the individuals appointed by the Council to review, analyze, and develop management measures for highly migratory species fisheries. Incidental catch or incidental species means HMS caught while fishing for the primary purpose of catching other species with gear not authorized by the FMP. Injury, when referring to marine mammals and sea turtles, means the animal has been released with obvious physical injury or with attached fish ing gear. Land or landing means offloading fish from a fishing vessel or arriving in port to begin offloading fish or causing fish to be offloaded from a fishing vessel. Mesh size means the opening between opposing knots in a net. Minimum mesh size means the smallest distance allowed between the inside of one knot to the inside of the opposing knot when the mesh is stretched, regardless of twine size. Offloading means removing HMS from a vessel. Permit holder means a permit owner. Permit owner means a person who owns an HMS permit for a specific ves sel fishing with specific authorized fishing gear. Person, as it applies to fishing con ducted under this subpart, means any in dividual, corporation, partnership, as sociation or other entity (whether or not organized or existing under the laws of any state), and any Federal, state, or local government, or any enti ty of any such government that is eli gible to own a documented vessel under the terms of 46 U.S.C. 12102(a). Processing or to process means the preparation or packaging of HMS to render it suitable for human consump tion, industrial uses or long-term stor age, including, but not limited to, cooking, canning, smoking, salting, drying, filleting, freezing, or rendering into meal or oil, but does not mean heading and gutting or freezing at sea unless additional preparation is done. Prohibited species means any highly migratory species for which quotas or catch limits under the FMP have been achieved and the fishery closed; salm on; great white shark; basking shark; megamouth shark; and Pacific halibut. Quota means a specified numerical harvest objective, the attainment (or expected attainment) of which causes closure of the fishery for that species or species group. Recreational charter vessel means a vessel that carries fee-paying pas sengers for the purpose of recreational fishing. Recreational fishing means fishing with authorized recreational fishing gear for personal use only and not for sale or barter. Regional Administrator means the Re gional Administrator for the West Coast Region, National Marine Fish eries Service, or a designee. Special Agent-In-Charge (SAC) means the Special Agent-In-Charge, NMFS, Office of Enforcement, West Coast Di vision, or a designee of the Special Agent-In-Charge. Sustainable Fisheries Division (SFD) means the Assistant Regional Adminis trator for Sustainable Fisheries, West Coast Region, NMFS, or his or her des ignee. Tranship means offloading or other wise transferring HMS or products thereof to a receiving vessel. Vessel monitoring system unit (VMS unit) means an automated, remote sys tem and mobile transceiver unit that is approved by NMFS and provides infor mation about a vessel’s identity, loca tion, and activity for the purposes of routine monitoring, control, surveil lance and enforcement of area and time restrictions and other fishery manage ment measures. [69 FR 18453, Apr. 7, 2004, as amended at 76 FR 56328, Sept. 13, 2011; 80 FR 10394, Feb. 26, 2015; 80 FR 46520, Aug. 5, 2015; 83 FR 11150, Mar. 14, 2018; 85 FR 7250, Feb. 7, 2020] § 660.703 Management area. The fishery management area for the regulation of fishing for HMS has the following designations and boundaries: (a) Southern boundary—the United States-Mexico International Boundary, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00392 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 383 Fishery Conservation and Management § 660.705 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) 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. (c) Adjacent waters on the high seas in which persons subject to this sub part may fish. § 660.704 Vessel identification. (a) Applicability. This section only ap plies to commercial fishing vessels that fish for HMS off, or land HMS in the States of California, Oregon, and Washington. This section does not apply to recreational charter vessels that fish for HMS off or land HMS in the States of California, Oregon, and Washington. Each fishing vessel must be marked for identification purposes, as follows: (1) A vessel used to fish on the high seas within the Convention Area as de fined in § 300.211 of this title must be marked in accordance with the require ments at §§ 300.14 and 300.217 of this title. (2) A vessel not used to fish on the high seas within the Convention Area as defined in § 300.211 of this title must be marked in accordance with either: (i) Sections 300.14 and 300.217 of this title, or (ii) The vessel’s official number must be affixed to the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck so as to be visible from enforcement vessels and aircraft. The official number must be affixed to each vessel subject to this section in block Arabic numerals at least 10 inches (25.40 cm) in height for vessels more than 25 ft (7.62 m) but equal to or less than 65 ft (19.81 m) in length; and 18 inches (45.72 cm) in height for vessels longer than 65 ft (19.81 m) in length. Markings must be legible and of a color that contrasts with the background. (b) [Reserved] [76 FR 73520, Nov. 29, 2011] § 660.705 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) Fish for HMS in the U.S. EEZ off the Pacific coast without a permit issued under § 660.707 for the use of au thorized fishing gear. (b) Fish with gear in any closed area specified in this subpart that prohibits the use of such gear. (c) Land HMS at Pacific coast ports without a permit issued under § 600.707 for the use of authorized fishing gear. (d) Sell HMS without an applicable commercial state fishery license. (e) When fishing for HMS, fail to re turn a prohibited species to the sea im mediately with a minimum of injury, except under the following cir cumstances: (1) Any prohibited species may be re tained for examination by an author ized observer or to return tagged fish as specified by the tagging agency. (2) Salmon may be retained if har vested in accordance with subpart H of this part, and other applicable law. (3) Great white sharks, basking sharks, and megamouth sharks may be retained if incidentally caught and sub sequently sold or donated to a recog nized scientific or educational organi zation for research or display purposes. (4) Pacific halibut may be retained if harvested in accordance with part 300, subpart E of this Title, and other appli cable law. (f) Falsify or fail to affix and main tain vessel markings as required by § 660.704. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00393 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 384 50 CFR Ch. VI (10–1–22 Edition) § 660.705 (g) Fish for HMS in violation of any terms or conditions attached to an ex empted fishing permit issued under § 600.745 of this chapter. (h) When a directed fishery has been closed for a specific species, take and retain, possess, or land that species after the closure date. (i) 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. (j) Falsify or fail to make and/or file any and all reports of fishing, landing, or any other activity involving HMS, containing all data, and in the exact manner, required by the applicable state law, as specified in § 660.708(b). (k) Fail to carry aboard a vessel that vessel’s permit issued under § 660.707 or exempted fishing permit issued under § 660.718, except if the permit was issued while the vessel was at sea. (l) Fail to install, activate, repair, re place, carry, operate or maintain a VMS unit as required under § 660.712 and § 660.713. (m) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or to attempt any of the same; or to move or remove a VMS unit without the prior permis sion of the SAC. (n) Make a false statement, oral or written, to an authorized officer, re garding the use, operation, or mainte nance of a VMS unit. (o) Fish for, catch, or harvest HMS with longline or drift gillnet gear with out an operating VMS unit on board the vessel after installation of the VMS unit. (p) Possess on board a vessel without an operating VMS unit HMS harvested with longline or drift gillnet gear after installation of the VMS unit. (q) Direct fishing effort toward the harvest of swordfish (Xiphias gladius) using longline gear deployed west of 150° W. long. and north of the equator (0° lat.) on a vessel registered for use of longline gear in violation of § 660.712(a)(1). (r) Possess a light stick on board a longline vessel when fishing west of 150° W. long. and north of the equator (0° lat.) in violation of § 660.712(a)(6) (s) If no observer is on the vessel and J-type fishing hooks are used, possess more than 10 swordfish; if no observer on the vessel and only circle-type fish ing hooks are used, possess more than 25 swordfish on board a longline vessel from a fishing trip where any part of the trip included fishing west of 150° W. long. and north of the equator (0° lat.) in violation of § 660.712(a)(9). (t) Interfere with, impede, delay, or prevent the installation, maintenance, repair, inspection, or removal of a VMS unit. (u) Interfere with, impede, delay, or prevent access to a VMS unit by a NMFS observer. (v) Connect or leave connected addi tional equipment to a VMS unit with out the prior approval of the SAC. (w) Fish for HMS with a vessel reg istered for use of longline gear within closed areas or by use of unapproved gear configurations in violation of § 660.712(a)(2), (a)(3), (a)(7), (a)(8), or (a)(9). (x) Fail to use a line setting machine or line shooter, with weighted branch lines, to set the main longline when op erating a vessel that is registered for use of longline gear and equipped with monofilament main longline, when making deep sets north of 23° N. lat. in violation of § 660.712(c)(1)(i) and (c)(1)(ii). (y) Fail to employ basket-style longline gear such that the mainline is deployed slack when operating a vessel registered for use of longline gear north of 23° N. lat. in violation of § 660.712 (c)(1)(iii). (z) Fail to maintain and use blue dye to prepare thawed bait when operating a vessel registered for use of longline gear that is fishing north of 23° N. lat., in violation of § 660.712(c)(2) and (c)(3). (aa) Fail to retain, handle, and dis charge fish, fish parts, and spent bait strategically when operating a vessel registered for use of longline gear that is fishing north of 23° N. lat. in viola tion of § 660.712 (c)(4) through (c)(7). (bb) Fail to handle short-tailed albatrosses that are caught by pelagic longline gear in a manner that maxi mizes the probability of their long term survival, in violation of § 660.712(c)(8). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00394 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 385 Fishery Conservation and Management § 660.705 (cc) Fail to handle seabirds other than short-tailed albatross that are caught by pelagic longline gear in a manner that maximizes the probability of their long-term survival in violation of § 660.712(c)(17). (dd) Own a longline vessel registered for use of longline gear that is engaged in longline fishing for HMS without a valid protected species workshop cer tificate issued by NMFS or a legible copy thereof in violation of § 660.712(e)(3). (ee) Fish for HMS on a vessel reg istered for use of longline gear without having on board a valid protected spe cies workshop certificate issued by NMFS or a legible copy thereof in vio lation of § 660.712(e). (ff) Fail to carry line clippers, dip nets, and wire or bolt cutters on a ves sel registered for use as a longline ves sel in violation of § 660.712(b). (gg) Fail to comply with sea turtle handling, resuscitation, and release re quirements specified in § 660.712(b)(4) through (7) when operating a vessel. (hh) Fail to comply with seabird take mitigation or handling techniques re quired under § 660.712(c) (ii) Fish for HMS with a vessel reg istered for use as a longline vessel without being certified by NMFS for completion of an annual protected spe cies workshop as required under § 660.712(e). (jj) Fail to notify the Regional Ad ministrator at least 24 hours prior to departure on a fishing trip using longline gear as required under § 660.712(f). (kk) Except when fishing under a western Pacific longline limited entry permit issued under § 660.21, direct fish ing effort toward the harvest of sword fish or fail to have and use gear in waters west of 150° W. long. in violation of § 660.720. (ll) Except when fishing under a west ern Pacific longline limited entry per mit issued under § 660.21, possess a light stick on board a longline vessel on the high seas of the Pacific Ocean west of 150° W. long. north of the equator in violation of § 660.720 (a)(ii). (mm) Except when fishing under a western Pacific longline limited entry permit issued under § 660.21, possess more than 10 swordfish on board a longline vessel from a fishing trip where any part of the trip included fishing on the high seas of the Pacific Ocean west of 150° W. long. north of the equator in violation of § 660.720(a)(3). (nn) Except when fishing under a western Pacific longline limited entry permit issued under § 660.21, fail to em ploy basket-style longline gear such that the mainline is deployed slack when fishing on the high seas of the Pacific Ocean west of 150° W. long. north of the equator, in violation of § 660.720 (a)(iv). (oo) Except when fishing under a western Pacific longline limited entry permit issued under § 660.21, when a conventional monofilament longline is deployed by a vessel subject to this sec tion, deploy fewer than 15 branch lines between any two floats, in violation of § 660.720 (a)(v). Vessel operators using basket-style longline gear may not set less than 10 branch lines between any 2 floats when fishing in waters west of 150° W. long. north of the equator. (pp) Except when fishing under a western Pacific longline limited entry permit issued under § 660.21, fail to de ploy longline gear such that the deep est point of the main longline between any two floats, i.e., the deepest point in each sag of the main line, is at a depth greater than 100 m (328.1 ft or 54.6 fm) below the sea surface, in violation of § 660.720 (a)(vi). (qq) Take and retain, possess on board, or land, fish in excess of any bag limit specified in § 660.721. (rr) Fail to notify NMFS or the NMFS-designated observer provider at least 48 hours prior to departure on a fishing trip using drift gillnet gear as required under § 660.713. (ss) Fail to submit a declaration re port to the NMFS Office of Law En forcement prior to departure on a fish ing trip using drift gillnet gear as re quired under § 660.713. (tt) Fish with a large-mesh drift gillnet (mesh size ≥ 14 inches) in the U.S. West Coast Exclusive Economic Zone during the time the fishery is closed pursuant to § 660.713(h)(2)(ii). (uu) Retain on board, transship, or land any fish caught with a large-mesh drift gillnet (mesh size ≥ 14 inches) later than 4 days after the effective date of a drift gillnet fishery closure VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00395 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 386 50 CFR Ch. VI (10–1–22 Edition) § 660.706 and before the drift gillnet fishery re opens pursuant to § 660.713(h)(2)(ii). [69 FR 18453, Apr. 7, 2004, as amended at 72 FR 58259, Oct. 15, 2007; 77 FR 15975, Mar. 19, 2012; 80 FR 10395, Feb. 26, 2015; 80 FR 46520, Aug. 5, 2015; 85 FR 7250, Feb. 7, 2020] § 660.706 Pacific Coast Treaty Indian rights. (a) Pacific Coast treaty Indian tribes have treaty rights to harvest HMS in their usual and accustomed (U&A) fish ing areas in the EEZ. (b) Pacific Coast treaty Indian tribes means the Hoh, Makah, and Quileute Indian Tribes and the Quinault Indian Nation. (c) The Pacific Coast treaty Indian tribes’ U&A fishing areas within the EEZ are set forth in § 660.4 of this chap ter. (d) Procedures. The rights referred to in paragraph (a) of this section will be implemented by the Secretary of Com merce, after consideration of the tribal request, the recommendation of the Council, and the comments of the pub lic. 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. An allocation or a regulation specific to the tribes shall be initiated by a writ ten request from a Pacific Coast treaty Indian tribe to the NMFS West Coast Regional Administrator, at least 120 days prior to the time the allocation is desired to be effective, and will be sub ject to public review through the Coun cil process. The Secretary of Commerce recognizes the sovereign status and co manager role of Indian tribes over shared Federal and tribal fishery re sources. Accordingly, the Secretary of Commerce will develop tribal alloca tions and regulations in consultation with the affected tribe(s) and, insofar as possible, with tribal consensus. (e) Identification. A valid treaty In dian identification card issued pursu ant to 25 CFR part 249, subpart A, is prima facie evidence that the holder is a member of the Pacific Coast treaty Indian tribe named on the card. (f) Fishing (on a tribal allocation or under a Federal regulation applicable to tribal fisheries) by a member of a Pacific Coast treaty Indian tribe with in that tribe’s U&A fishing area is not subject to provisions of the HMS regu lations applicable to non-treaty fish eries. (g) Any member of a Pacific Coast treaty Indian tribe must comply with any applicable Federal and tribal laws and regulations, when participating in a tribal HMS fishery implemented under paragraph (d) of this section. (h) Fishing by a member of a Pacific Coast treaty Indian tribe outside that tribe’s U&A fishing area, or for a spe cies of HMS not covered by a treaty al location or applicable Federal regula tion, is subject to the HMS regulations applicable to non-treaty fisheries. [69 FR 18453, Apr. 7, 2004, as amended at 81 FR 36808, June 8, 2016] § 660.707 Permits. (a) General. This section applies to vessels that fish for HMS off or land HMS in the States of California, Or egon, and Washington. (1) A commercial fishing vessel of the United States must be registered for use under a general HMS permit that authorizes the use of specific gear, and a recreational charter vessel must be registered for use under a HMS permit if that vessel is used: (i) To fish for HMS in the U.S. EEZ off the States of California, Oregon, and Washington; or (ii) To land or transship HMS shore ward of the outer boundary of the U.S. EEZ off the States of California, Or egon, and Washington. (2) The permit must be on board the vessel and available for inspection by an authorized officer, except that if the permit was issued while the vessel was at sea, this requirement applies only to any subsequent trip. (3) A permit is valid only for the ves sel for which it is registered. A permit not registered for use with a particular vessel may not be used. (4) Only a person eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or otherwise) a gen eral HMS permit. (b) Application. (1) Following publica tion of the final rule implementing the FMP, NMFS will issue general HMS permits to the owners of those vessels VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00396 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 387 Fishery Conservation and Management § 660.707 on a list of vessels obtained from own ers previously applying for a permit under the authority of the High Seas Fishing Compliance Act, the Tuna Con ventions Act of 1950, the Marine Mam mal Protection Act, and the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region, or whose vessels are listed on the vessel register of the Inter-American Tropical Tuna Commission. (2) All permits issued by NMFS in ac cordance with paragraph (b)(1) of this section will authorize the use of spe cific fishing gear by the identified com mercial fishing vessels. (3) An owner of a vessel subject to these requirements who has not re ceived a permit under this section from NMFS and who wants to engage in the fisheries must apply to the SFD for the required permit in accordance with the following: (i) A West Coast Region Federal Fish eries application form may be obtained from the SFD or downloaded from the West Coast Region home page (http:// www.westcoast.fisheries.noaa.gov/permits/ commercial fishing research per mits.html) to apply for a permit under this section. A completed application is one that contains all the necessary information and signatures required. (ii) A minimum of 15 days should be allowed for processing a permit appli cation. If an incomplete or improperly completed application is filed, the ap plicant will be sent a notice of defi ciency. If the applicant fails to correct the deficiency within 30 days following the date of notification, the applica tion will be considered abandoned. (iii) A permit will be issued by the SFD. If an application is denied, the SFD will indicate the reasons for de nial. (iv)(A) Any applicant for an initial permit may appeal the initial issuance decision to the Regional Adminis trator. To be considered by the Re gional 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. (B) 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. (C) Upon receipt of sufficient infor mation, the Regional Administrator will decide the appeal in accordance with the permit provisions set forth in this section at the time of the applica tion, based upon information relative to the application on file at NMFS and the Council and any additional infor mation submitted to or obtained by the Regional Administrator, the summary record kept of any hearing and the hearing officer’s recommended deci sion, if any, and such other consider ations as the Regional Administrator deems appropriate. The Regional Ad ministrator will notify all interested persons of the decision, and the reasons for the decision, in writing, normally within 30 days of the receipt of suffi cient information, unless additional time is needed for a hearing. (D) 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 hearing 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. (E) 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 de cision will constitute the final admin istrative action by NMFS on the mat ter. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00397 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 388 50 CFR Ch. VI (10–1–22 Edition) § 660.707 (F) 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. (4) General HMS permits issued under this subpart will remain valid until the first date of renewal, and permits may be subsequently renewed for 2-year terms. The first date of renewal will be the last day of the vessel owner’s birth month in the second calendar year after the permit is issued (e.g., if the birth month is March and the permit is issued on October 3, 2007, the permit will remain valid through March 31, 2009). (5) Replacement permits may be issued without charge to replace lost or mutilated permits. Replacement per mits may be obtained by submitting to the SFD c/o the Regional Adminis trator a complete, signed vessel permit application. An application for a re placement permit is not considered a new application. (6) Any permit that has been altered, erased, or mutilated is invalid. (c) Display. Any permit issued under this subpart, or a facsimile of the per mit, must be on board the vessel at all times while the vessel is fishing for, taking, retaining, possessing, or land ing HMS shoreward of the outer bound ary of the fishery management area unless the vessel was at sea at the time the permit was issued. Any permit issued under this section must be dis played for inspection upon request of an authorized officer. (d) Sanctions. Procedures governing sanctions and denials are found at sub part D of 15 CFR part 904. (e) Fees. An application for a permit, or renewal of an existing permit under this section will include a fee for each vessel. The fee amount required will be calculated in accordance with the NOAA Finance Handbook and specified on the application form. (f) Federal limited entry drift gillnet permit—(1) General. This section applies to individuals fishing with large-mesh (14 inch or greater stretched mesh) drift gillnet (DGN) gear. Individuals who target, retain, transship, or land fish captured with a large-mesh DGN must possess a valid Federal limited entry DGN permit. Federal limited entry DGN permits are issued to an in dividual, and a vessel must be specified on the permit. (2) Initial qualification. Upon publica tion of NMFS’ final rule to establish the Federal limited entry DGN permit, all State of California limited entry DGN permit holders are eligible to ob tain a Federal limited entry DGN per mit. If a 2017–2018 California state DGN permit renewal application is not re ceived by the California Department of Fish and Wildlife or postmarked by March 31, 2018, the permit holder is not eligible to receive a 2018–2019 Federal limited entry DGN permit. (3) Documentation and burden of proof. An individual applying for issuance, re newal, transfer, or assignment of a Federal limited entry DGN permit must prove that they meet the quali fication requirements by submitting the following documentation, as appli cable: A certified copy of the assigned vessel’s documentation as a fishing vessel of the United States (U.S. Coast Guard or state) is the best evidence of vessel identification; a copy of a cur rent State of California limited entry DGN permit is the best evidence of ini tial qualification for a Federal limited entry DGN permit; a copy of a written contract reserving or conveying lim ited entry rights is the best evidence of reserved or acquired rights; and other relevant, credible evidence that the ap plicant may wish to submit or that the SFD may request or require. (4) Fees. Any processing fee will be determined by the service costs needed to process a permit request. If a fee is required, it would cover administrative expenses related to issuing limited entry permits, as well as renewing, transferring, assigning, and replacing permits. The amount of any fee will be calculated in accordance with the pro cedures of the NOAA Finance Hand book for determining the administra tive costs of each special product or service. A fee may not exceed such costs and is specified with each appli cation form. The appropriate fee must accompany each application. (5) Initial decisions. (i) The SFD will make initial decisions regarding VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00398 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 389 Fishery Conservation and Management § 660.707 issuing, renewing, transferring, and as signing limited entry permits. (ii) Adverse decisions shall be in writ ing and shall state the reasons for the adverse decision. (iii) The SFD may decline to act on an application for issuing, renewing, transferring, or assigning 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. (6) Issuance. Federal limited entry DGN permits will be issued by the SFD. If an application is denied, the SFD will indicate the reasons for de nial. A DGN permit will be issued to an individual and assigned to a specific vessel. A permit holder may assign the permit to another vessel once per per mit year (April 1 to March 31). (7) Appeals. Any applicant for an ini tial permit may appeal the initial issuance decision to the Regional Ad ministrator. Appeals will be made and processed following procedures as de scribed at paragraph (b)(3)(iv) of this section. (8) Transfers. Federal limited entry DGN permits may be transferred to an other individual only if the current permit holder has held the Federal DGN permit for a minimum of three consecutive years (counted April 1 to March 31 of the following year). At the time of the establishment of the Fed eral limited entry DGN permit system, the length of time an individual has held a State of California limited entry DGN permit carries over (e.g., if an in dividual has held a California DGN per mit for two years, they are eligible to transfer the Federal DGN permit after holding the Federal DGN permit for one year). Exceptions to this limita tion on permit transfer may be made under the following circumstances: (i) The permit holder suffers from a serious illness or permanent disability that prevents the permit holder from earning a livelihood from commercial fishing. (ii) If a deceased permit holder’s es tate or heirs submit a transfer request within six months of the permit hold er’s death. (iii) Upon dissolution of marriage if the permit is held as community prop erty. (9) Renewals. (i) The SFD will send notices to renew limited entry permits to the most recent address of the per mit holder on file. (ii) The permit owner is responsible for renewing a limited entry permit. (iii) The deadline for receipt or post mark of a Federal DGN permit renewal application is April 30 of the permit year (i.e., April 30, 2019 for 2019–2020 fishing season). Federal DGN permits must be renewed yearly. (iv) A DGN permit that is allowed to expire will not be renewed unless the permit owner requests reissuance by July 31 (three months after the renewal application deadline) and NMFS deter mines that failure to renew was proxi mately caused by illness, injury, or death of the permit owner. If the per mit expires, it will be forfeited and NMFS will not reissue the permit to anyone. (10) Owner on-board requirement. (i) Except as provided in paragraphs (f)(10)(ii) through (v) of this section, the DGN permit holder must be on board the vessel and in possession of a valid Federal limited entry DGN per mit when engaged in DGN fishing ac tivity. (ii) A permit holder may designate another individual to fish under their permit for up to 15 days per fishing year (April 1 to March 31 of the fol lowing year); the substitute must com ply with all other Federal permitting requirements. A permit holder shall notify NMFS of a substitution at least 24 hours prior to the commencement of the trip. (iii) If the person who owns a Federal DGN permit is prevented from being on-board a fishing vessel because the person died, is ill, or is injured, NMFS may allow an exemption to the owner on-board requirement for more than 15 days. The person requesting the exemp tion must send a letter to NMFS re questing an exemption from the owner on-board requirements, with appro priate evidence as described at para graph (f)(10)(iv) or (v) of this section. All exemptions for death, injury, or ill ness will be evaluated by NMFS and a decision will be made in writing to the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00399 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 390 50 CFR Ch. VI (10–1–22 Edition) § 660.708 permit owner (or, in the case of the death of the permit owner, to the es tate or heirs of the permit owner) with in 60 calendar days of receipt of the original exemption request. (iv) Evidence of death of the permit owner shall be provided to NMFS in the form of a copy of a death certifi cate. In the interim before the estate is settled, if the deceased permit owner was subject to the owner on-board re quirements, the estate of the deceased permit owner may send a letter to NMFS with a copy of the death certifi cate, requesting an exemption from the owner-on-board requirements. An ex emption due to death of the permit owner will be effective only until such time that the estate of the deceased permit owner has registered the de ceased permit owner’s permit to a ben eficiary, transferred the permit to an other owner, or three years after the date of death as proven by a death cer tificate, whichever is earliest. An ex emption from the owner-on-board re quirement will be conveyed in a letter from NMFS to the estate of the permit owner and is required to be on the ves sel during DGN fishing operations. (v) Evidence of illness or injury that prevents the permit owner from par ticipating in the fishery shall be pro vided to NMFS in the form of a letter from a certified medical practitioner. This letter must detail the relevant medical conditions of the permit owner and how those conditions prevent the permit owner from being on-board a fishing vessel during DGN fishing. An exemption due to injury or illness will be effective only for the fishing year of the request for exemption. In order to extend a medical exemption for a suc ceeding year, the permit owner must submit a new request and provide docu mentation from a certified medical practitioner detailing why the permit owner is still unable to be on-board a fishing vessel. An exemption from the owner-on-board requirement will be conveyed in a letter from NMFS to the permit owner and is required to be on the vessel during DGN fishing oper ations. [69 FR 18453, Apr. 7, 2004, as amended at 72 FR 10937, Mar. 12, 2007; 74 FR 37178, July 28, 2009; 83 FR 11150, Mar. 14, 2018] § 660.708 Reporting and record keeping. (a) Logbooks. The operator of any commercial fishing vessel and any rec reational charter vessel fishing for HMS in the management area must maintain on board the vessel an accu rate and complete record of catch, ef fort, and other data on report forms provided by the Regional Adminis trator or a state agency. All informa tion specified on the forms must be re corded on the forms within 24 hours after the completion of each fishing day. The original logbook form for each day of the fishing trip must be submitted to either the Regional Ad ministrator or the appropriate state management agency within 30 days of each landing or transhipment of HMS. Each form must be signed and dated by the fishing vessel operator. (1) Logbooks that meet the logbook reporting requirement may be found at http://swr.nmfs.noaa.gov/logbooks.htm and include: (i) The logbook required under 50 CFR 300.21 implementing the Tuna Conventions Act of 1950; (ii) The logbook required under § 660.14 implementing the Fishery Man agement Plan for Pelagic Fisheries of the Western Pacific Region; (iii) Any logbook required by the fishery management agency of the States of California, Oregon, or Wash ington. (2) Any holder of a permit who does not submit logbooks under any of the above authorities must submit a writ ten request to the SFD for the appro priate logbook. The applicant must provide his or her name and address, the name of the vessel, and the type of fishing gear used. (3) The Regional Administrator may, after consultation with the Council, act to modify the information to be provided on the fishing record forms. (b) Any person who is required to do so by the applicable state law must make and/or file, retain, or make avail able any and all reports of HMS con taining all data, and in the exact man ner, required by the applicable state law. [69 FR 18453, Apr. 7, 2004, as amended at 80 FR 62501, Oct. 16, 2015] VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00400 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 391 Fishery Conservation and Management § 660.712 § 660.709 Annual specifications. (a) Procedure. (1) Each year, the HMSMT will deliver a stock assess ment and fishery evaluation report to the Council for all HMS with any nec essary recommendations for harvest guidelines, quotas or other manage ment measures to protect HMS, includ ing updated maximum sustainable yield (MSY) and optimum yield (OY) estimates based on the best available science. The Council’s Scientific and Statistical Committee may review the estimates and make a recommendation on their suitability for management. As described in the fishery manage ment plan, the Council will periodi cally review these recommendations and decide whether to adopt updated numerical estimates of MSY and OY, which are then submitted as rec ommendations for NMFS to review as part of the management measures re view process. (2) Based on recommendations of the Council, the Regional Administrator will approve or disapprove any harvest guideline, quota, or other management measure including updated MSY and OY estimates after reviewing such rec ommendations to determine compli ance with the FMP, the Magnuson Act, and other applicable law. The Regional Administrator will implement through rulemaking any approved harvest guideline, quota, or other management measure adopted under this section. (b) Fishing seasons for all species will begin on April 1 of each year at 0001 hours local time and terminate on March 31 of each year at 2400 hours local time. (c) Harvest guidelines, quotas, and other management measures an nounced for a particular year will be in effect the following year unless changed through the public review process described in paragraph (a) of this section. (d) Irrespective of the normal review process, the Council may propose man agement action to protect HMS at any time. The Council may adopt a man agement cycle different from the one described in the fishery management plan provided that such change is made by a majority vote of the Council and a 6-month notice of the change is given. [69 FR 18453, Apr. 7, 2004, as amended at 76 FR 56328, Sept. 13, 2011; 83 FR 19982, May 7, 2018] § 660.710 Closure of directed fishery. (a) When a quota has been taken, the Regional Administrator will announce in the FEDERAL REGISTER the date of closure of the fishery for the species of concern. (b) When a harvest guideline has been taken, the Regional Administrator will initiate review of the species of con cern according to section 8.4.8 of the FMP and publish in the FEDERAL REG ISTER any necessary and appropriate regulations following Council rec ommendations. § 660.711 General catch restrictions. (a) Incidental landings. HMS caught by gear not authorized by this subpart may be landed in incidental amounts as follows: (1) Drift gillnet vessels with stretched mesh less than 14 inches may land up to 10 HMS per trip, except that no swordfish may be landed. (2) Bottom longline vessels may land up to 20 percent by weight of manage ment unit sharks in landings of all spe cies, or 3 individual sharks of the spe cies in the management unit, which ever is greater. (3) Trawl and pot gear vessels may land up to 1 percent by weight of man agement unit sharks in a landing of all species or 2 individual sharks of the species in the management unit, whichever is greater. (b) Marlin prohibition. The sale of striped marlin by a vessel with a per mit under this subpart is prohibited. (c) Sea turtle handling and resuscita tion. All sea turtles taken incidentally in fishing operations by any HMS ves sel other than vessels subject to § 660.712 must be handled in accordance with 50 CFR 223.206(d)(1). [69 FR 18453, Apr. 7, 2004, as amended at 80 FR 46520, Aug. 5, 2015] § 660.712 Longline fishery. (a) Gear and fishing restrictions. (1) Owners and operators of vessels reg istered for use of longline gear may not VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00401 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 392 50 CFR Ch. VI (10–1–22 Edition) § 660.712 use longline gear to fish for or target HMS within the U.S. EEZ. (2) Owners and operators of vessels registered for use of longline gear may not make shallow sets with longline gear to fish for or target swordfish (Xiphias gladius) west of 150° W. long. and north of the equator (0° N. lat.). (3) A person aboard a vessel reg istered for use of longline gear fishing for HMS west of 150° W. long. and north of the equator (0° N. lat.) may not pos sess or deploy any float line that is shorter than or equal to 20 m (65.6 ft or 10.9 fm). As used in this paragraph, float line means a line used to suspend the main longline beneath a float. (4) From April 1 through May 31, owners and operators of vessels reg istered for use of longline gear may not use longline gear in waters bounded on the south by 0° lat., on the north by 15° N. lat., on the east by 145° W. long., and on the west by 180° long. (5) From April 1 through May 31, owners and operators of vessels reg istered for use of longline gear may not receive from another vessel HMS that were harvested by longline gear in waters bounded on the south by 0° lat., on the north by 15° N. lat., on the east by 145° W. long., and on the west by 180° long. (6) From April 1 through May 31, owners and operators of vessels reg istered for use of longline gear may not land or transship HMS that were har vested by longline gear in waters bounded on the south by 0° lat., on the north by 15° N. lat., on the east by 145° W. long., and on the west by 180° long. (7) No light stick may be possessed on board a vessel registered for use of longline gear during fishing trips that include any fishing west of 150° W. long. and north of the equator (0° N. lat.). A light stick as used in this para graph is any type of light emitting de vice, including any flourescent glow bead, chemical, or electrically powered light that is affixed underwater to the longline gear. (8) When a conventional monofilament longline is deployed in waters west of 150° W. long. and north of the equator (0° N. lat.) by a vessel registered for use of longline gear, no fewer than 15 branch lines may be set between any two floats. Vessel opera tors using basket-style longline gear must set a minimum of 10 branch lines between any 2 floats when fishing in waters north of the equator. (9) Longline gear deployed west of 150° W. long. and north of the equator (0° N. lat.) by a vessel registered for use of longline gear must be deployed such that the deepest point of the main longline between any two floats, i.e., the deepest point in each sag of the main line, is at a depth greater than 100 m (328.1 ft or 54.6 fm) below the sea surface. (10) If no observer is on board the ves sel, owners and operators of longline vessels registered for use of longline gear may land or possess no more than 10 swordfish from a fishing trip when using any J-type fishing hooks, and no more than 25 swordfish from a fishing trip when using only circle hook-type fishing hooks. If a NMFS-approved ob server is on board the vessel for the du ration of the fishing trip, there is no limit on the amount of swordfish re tained. (11) Owners and operators of longline vessels registered for use of longline gear are subject to the provisions at 50 CFR part 223 prohibiting shallow sets to target swordfish in waters beyond the U.S. EEZ and east of 150° W. long. (b) Sea turtle take mitigation measures. (1) Owners and operators of vessels reg istered for use of longline gear must carry aboard their vessels line clippers meeting the minimum design standards specified in paragraph (b)(2) of this sec tion, dip nets meeting minimum stand ards specified in paragraph (b)(3) of this section, and wire or bolt cutters capable of cutting through the vessel’s hooks. These items must be used to disengage any hooked or entangled sea turtles with the least harm possible to the sea turtles and as close to the hook as possible in accordance with the re quirements specified in paragraphs (b)(4) through (b)(7) of this section. (2) Line clippers are intended to cut fishing line as close as possible to hooked or entangled sea turtles. NMFS has established minimum design stand ards for line clippers. The Arceneaux line clipper (ALC) is a model line clip per that meets these minimum design standards and may be fabricated from VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00402 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 393 Fishery Conservation and Management § 660.712 readily available and low-cost mate rials (see figure 1 to § 660.32). The min imum design standards are as follows: (i) The cutting blade must be curved, recessed, contained in a holder, or oth erwise afforded some protection to minimize direct contact of the cutting surface with sea turtles or users of the cutting blade. (ii) The blade must be capable of cut ting 2.0-2.1 mm monofilament line and nylon or polypropylene multistrand material commonly known as braided mainline or tarred mainline. (iii) The line clipper must have an ex tended reach handle or pole of at least 6 ft (1.82 m). (iv) The cutting blade must be se curely fastened to the extended reach handle or pole to ensure effective de ployment and use. (3) Dip nets are intended to facilitate safe handling of sea turtles and access to sea turtles for purposes of cutting lines in a manner that minimizes in jury and trauma to sea turtles. The minimum design standards for dip nets that meet the requirements of this sec tion are: (i) The dip net must have an extended reach handle of at least 6 ft (1.82 m) of wood or other rigid material able to support a minimum of 100 lbs (34.1 kg) without breaking or significant bend ing or distortion. (ii) The dip net must have a net hoop of at least 31 inches (78.74 cm) inside di ameter and a bag depth of at least 38 inches (96.52 cm). The bag mesh open ings may be no more than 3 inches × 3 inches (7.62 cm × 7.62 cm). (4) All incidentally taken sea turtles brought aboard for dehooking and/or disentanglement must be handled in a manner to minimize injury and pro mote post-hooking survival. (i) When practicable, comatose sea turtles must be brought on board im mediately, with a minimum of injury, and handled in accordance with the procedures specified in paragraphs (b)(5) and (b)(6) of this section. (ii) If a sea turtle is too large or hooked in such a manner as to preclude safe boarding without causing further damage/injury to the turtle, line clip pers described in paragraph (b)(2) of this section must be used to clip the line and remove as much line as pos sible prior to releasing the turtle. (iii) If a sea turtle is observed to be hooked or entangled by longline gear during hauling operations, the vessel operator must immediately cease haul ing operations until the turtle has been removed from the longline gear or brought on board the vessel. (iv) Hooks must be removed from sea turtles as quickly and carefully as pos sible. If a hook cannot be removed from a turtle, the line must be cut as close to the hook as possible. (5) If the sea turtle brought aboard appears dead or comatose, the sea tur tle must be placed on its belly (on the bottom shell or plastron) so that the turtle is right side up and its hindquarters elevated at least 6 inches (15.24 cm) for a period of no less than 4 hours and no more than 24 hours. The amount of the elevation depends on the size of the turtle; greater elevations are needed for larger turtles. A reflex test, performed by gently touching the eye and pinching the tail of a sea tur tle, must be administered by a vessel operator, at least every 3 hours, to de termine if the sea turtle is responsive. Sea turtles being resuscitated must be shaded and kept damp or moist but under no circumstance may be placed into a container holding water. A water-soaked towel placed over the eyes, carapace, and flippers is the most effective method to keep a turtle moist. Those that revive and become active must be returned to the sea in the manner described in paragraph (b)(6) of this section. Sea turtles that fail to revive within the 24-hour period must also be returned to the sea in the manner described in paragraph (b)(6)(i) of this section. (6) Live turtles must be returned to the sea after handling in accordance with the requirements of paragraphs (b)(4) and (b)(5) of this section: (i) By putting the vessel engine in neutral gear so that the propeller is disengaged and the vessel is stopped, and releasing the turtle away from de ployed gear; and (ii) Observing that the turtle is safely away from the vessel before engaging the propeller and continuing oper ations. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00403 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 394 50 CFR Ch. VI (10–1–22 Edition) § 660.712 (7) In addition to the requirements in paragraphs (b) and (c) of this section, a vessel operator shall perform sea turtle handling and resuscitation techniques consistent with 50 CFR 223.206(d)(1), as appropriate. (c) Longline Seabird mitigation meas ures. (1) Seabird mitigation techniques. Owners and operators of vessels reg istered for use of longline gear must ensure that the following actions are taken when fishing north of 23° N. lat.: (i) Employ a line setting machine or line shooter to set the main longline when making deep sets west of 150° W. long. using monofilament main longline; (ii) Attach a weight of at least 45 g to each branch line within 1 m of the hook when making deep sets using monofilament main longline; (iii) When using basket-style longline gear, ensure that the main longline is deployed slack to maximize its sink rate; (2) Use completely thawed bait that has been dyed blue to an intensity level specified by a color quality control card issued by NMFS; (3) Maintain a minimum of two cans (each sold as 0.45 kg or 1 lb size) con taining blue dye on board the vessel; (4) Discharge fish, fish parts (offal), or spent bait while setting or hauling longline gear, on the opposite side of the vessel from where the longline gear is being set or hauled; (5) Retain sufficient quantities of fish, fish parts, or spent bait, between the setting of longline gear for the pur pose of strategically discharging it in accordance with paragraph (a)(6) of this section; (6) Remove all hooks from fish, fish parts, or spent bait prior to its dis charge in accordance with paragraph (c)(4) of this section; and (7) Remove the bill and liver of any swordfish that is caught, sever its head from the trunk and cut it in half vertically, and periodically discharge the butchered heads and livers in ac cordance with paragraph (a)(6) of this section. (8) If a short-tailed albatross is hooked or entangled by a vessel reg istered for use of longline gear, owners and operators must ensure that the fol lowing actions are taken: (i) Stop the vessel to reduce the ten sion on the line and bring the bird on board the vessel using a dip net; (ii) Cover the bird with a towel to protect its feathers from oils or dam age while being handled; (iii) Remove any entangled lines from the bird; (iv) Determine if the bird is alive or dead. (A) If dead, freeze the bird imme diately with an identification tag at tached directly to the specimen listing the species, location and date of mor tality, and band number if the bird has a leg band. Attach a duplicate identi fication tag to the bag or container holding the bird. Any leg bands present must remain on the bird. Contact NMFS, the Coast Guard, or the U.S. Fish and Wildlife Service at the num bers listed on the Short-tailed Alba tross Handling Placard distributed at the NMFS protected species workshop, inform them that you have a dead short-tailed albatross on board, and submit the bird to NMFS within 72 hours following completion of the fish ing trip. (B) If alive, handle the bird in accord ance with paragraphs (c)(9) through (c)(14) of this section. (9) Place the bird in a safe enclosed place; (10) Immediately contact NMFS, the Coast Guard, or the U.S. Fish and Wild life Service at the numbers listed on the Short-tailed Albatross Handling Placard distributed at the NMFS pro tected species workshop and request veterinary guidance; (11) Follow the veterinary guidance regarding the handling and release of the bird. (12) Complete the short-tailed alba tross recovery data form issued by NMFS. (13) If the bird is externally hooked and no veterinary guidance is received within 24-48 hours, handle the bird in accordance with paragraphs (c)(17)(iv) and (v) of this section, and release the bird only if it meets the following cri teria: (i) Able to hold its head erect and re spond to noise and motion stimuli; (ii) Able to breathe without noise; VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00404 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 395 Fishery Conservation and Management § 660.712 (iii) Capable of flapping and retract ing both wings to normal folded posi tion on its back; (iv) Able to stand on both feet with toes pointed forward; and (v) Feathers are dry. (14) If released under paragraph (c)(13) of this section or under the guid ance of a veterinarian, all released birds must be placed on the sea surface. (15) If the hook has been ingested or is inaccessible, keep the bird in a safe, enclosed place and submit it to NMFS immediately upon the vessel’s return to port. Do not give the bird food or water. (16) Complete the short-tailed alba tross recovery data form issued by NMFS. (17) If a seabird other than a short tailed albatross is hooked or entangled by a vessel registered for use of longline gear, owners and operators must ensure that the following actions are taken: (i) Stop the vessel to reduce the ten sion on the line and bring the seabird on board the vessel using a dip net; (ii) Cover the seabird with a towel to protect its feathers from oils or dam age while being handled; (iii) Remove any entangled lines from the seabird; (iv) Remove any external hooks by cutting the line as close as possible to the hook, pushing the hook barb out point first, cutting off the hook barb using bolt cutters, and then removing the hook shank; (v) Cut the fishing line as close as possible to ingested or inaccessible hooks; (vi) Leave the bird in a safe enclosed space to recover until its feathers are dry; and (vii) After recovered, release seabirds by placing them on the sea surface. (d) Vessel monitoring system. (1) Only a VMS unit owned by NMFS and in stalled by NMFS complies with the re quirement of this subpart. (2) After the holder of a permit to use longline gear has been notified by the SAC of a specific date for installation of a VMS unit on the permit holder’s vessel, the vessel must carry the VMS unit after the date scheduled for instal lation. (3) A longline permit holder will not be assessed any fee or other charges to obtain and use a VMS unit, including the communication charges related di rectly to requirements under this sec tion. Communication charges related to any additional equipment attached to the VMS unit by the owner or oper ator shall be the responsibility of the owner or operator and not NMFS. (4) The holder of a longline permit and the master of the vessel operating under the permit must: (i) Provide opportunity for the SAC to install and make operational a VMS unit after notification. (ii) Carry the VMS unit on board whenever the vessel is at sea. (iii) Not remove or relocate the VMS unit without prior approval from the SAC. (5) The SAC has authority over the installation and operation of the VMS unit. The SAC may authorize the con nection or order the disconnection of additional equipment, including a com puter, to any VMS unit when deemed appropriate by the SAC. (e) Protected species workshop. (1) Each year both the owner and the operator of a vessel registered for use of longline gear must attend and be certified for completion of a workshop conducted by NMFS on mitigation, handling, and re lease techniques for turtles and seabirds and other protected species. (2) A protected species workshop cer tificate will be issued by NMFS annu ally to any person who has completed the workshop. (3) An owner of a vessel registered for use of longline gear must have on file a valid protected species workshop cer tificate or copy issued by NMFS in order to maintain or renew their vessel registration. (4) An operator of a vessel registered for use of longline gear must have on board the vessel a valid protected spe cies workshop certificate issued by NMFS or a legible copy thereof. (f) An operator of a vessel registered for use of longline gear must notify the Regional Administrator at least 24 hours prior to embarking on a fishing trip regardless of the intended area of fishing. (g) An operator of a vessel registered for use of longline gear in waters east VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00405 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 396 50 CFR Ch. VI (10–1–22 Edition) § 660.713 of 150° W. long. and beyond the EEZ is subject to the requirements at 50 CFR part 223. [69 FR 18453, Apr. 7, 2004, as amended at 77 FR 15975, Mar. 19, 2012] § 660.713 Drift gillnet fishery. (a) Take Reduction Plan gear restric tions. Gear restrictions resulting from the Pacific Offshore Cetacean Take Re duction Plan established under the au thority of the Marine Mammal Protec tion Act of 1972 can be found at 50 CFR 229.31. (b) Other gear restrictions. (1) The maximum length of a drift gillnet on board a vessel shall not exceed 6,000 ft (1828 m). (2) Up to 1,500 ft (457 m) of drift gillnet in separate panels of 600 ft (182.88 m) may be on board the vessel in a storage area. (c) Protected Resource Area closures. (1) Pacific leatherback conservation area. No person may fish with, set, or haul back drift gillnet gear in U.S. waters of the Pacific Ocean from August 15 through November 15 in the area bounded by straight lines connecting the following coordinates in the order listed: (i) Pt. Sur at 36°18.5′ N. lat., to (ii) 34°27′ N. lat. 123°35′ W. long., to (iii) 34°27′ N. lat. 129° W. long., to (iv) 45° N. lat. 129° W. long., thence to (v) the point where 45° N. lat. inter sects the Oregon coast. (2) Pacific loggerhead conservation area. No person may fish with, set, or haul back drift gillnet gear in U.S. waters of the Pacific Ocean east of the 120° W. meridian from June 1 through August 31 during a forecasted, or oc curring, El Nino event off the coast of southern California. (i) Notification of an El Nino event. The Assistant Administrator will publish in the FEDERAL REGISTER a notification that an El Nino event is occurring, or is forecast to occur, off the coast of southern California and the require ment of a closure under this paragraph (c)(2). Furthermore, the Assistant Ad ministrator will announce the require ment of such a closure by other meth ods as are necessary and appropriate to provide actual notice to the partici pants in the California/Oregon drift gillnet fishery. (ii) Determination of El Nino condi tions. The Assistant Administrator will rely on information developed by NOAA offices which monitor El Nino events, such as NOAA’s Climate Pre diction Center and the West Coast Of fice of NOAA’s Coast Watch program, in order to determine whether an El Nino is forecasted or occurring for the coast of southern California. The As sistant Administrator will use the monthly sea surface temperature anomaly charts to determine whether there are warmer than normal sea sur face temperatures present off of south ern California during the months prior to the closure month for years in which an El Nino event has been declared by the NOAA Climate Prediction Center. Specifically, the Assistant Adminis trator, will use sea surface tempera ture data from the third and second months prior to the month of the clo sure for determining whether El Nino conditions are present off of southern California. (iii) Reopening. If, during a closure as described within this paragraph (c)(2), sea surface temperatures return to nor mal or below normal, the Assistant Ad ministrator may publish a FEDERAL REGISTER notice announcing that El Nino conditions are no longer present off the coast of southern California and may terminate the closure prior to Au gust 31. (d) Mainland area closures. The fol lowing areas off the Pacific coast are closed to driftnet gear: (1) Within the U.S. EEZ from the United States-Mexico International Boundary to the California-Oregon bor der from February 1 through April 30. (2) In the portion of the U.S. EEZ within 75 nautical miles from the mainland shore from the United States-Mexico International Boundary to the California-Oregon border from May 1 through August 14. (3) In the portion of the U.S. EEZ within 25 nautical miles of the coast line from December 15 through Janu ary 31 of the following year from the United States-Mexico International Boundary to the California-Oregon bor der. (4) In the portion of the U.S. EEZ from August 15 through September 30 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00406 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 397 Fishery Conservation and Management § 660.713 within the area bounded by line ex tending from Dana Point to Church Rock on Santa Catalina Island, to Point La Jolla, CA. (5) In the portion of the U.S. EEZ within 12 nautical miles from the mainland shore north of a line extend ing west of Point Arguello, CA, to the California-Oregon border. (6) In the portion of the U.S. EEZ within the area bounded by a line from the lighthouse at Point Reyes to Noon day Rock, to Southeast Farallon Island to Pillar Point, CA. (7) In the portion of the U.S. EEZ off the Oregon coast east of a line approxi mating 1000 fathoms as defined by the following coordinates: 42°00′00″ N. lat. 125°10′30″ W. long. 42°25′39″ N. lat. 124°59′09″ W. long. 42°30′42″ N. lat. 125°00′46″ W. long. 42°30′23″ N. lat. 125°04′14″ W. long. 43°02′56″ N. lat. 125°06′57″ W. long. 43°01′29″ N. lat. 125°10′55″ W. long. 43°50′11″ N. lat. 125°19′14″ W. long. 44°03′23″ N. lat. 125°12′22″ W. long. 45°00′06″ N. lat. 125°16′42″ W. long. 45°25′27″ N. lat. 125°16′29″ W. long. 45°45′37″ N. lat. 125°15′19″ W. long. 46°04′45″ N. lat. 125°24′41″ W. long. 46°16′00″ N. lat. 125°20′32″ W. long. (8) In the portion of the U.S. EEZ north of 46°16′ N. latitude (Washington coast). (e) Channel Islands area closures. The following areas off the Channel Islands are closed to driftnet gear: (1) San Miguel Island closures. (i) Within the portion of the U.S. EEZ north of San Miguel Island between a line extending 6 nautical miles west of Point Bennett, CA, and a line extend ing 6 nautical miles east of Cardwell Point, CA. (ii) Within the portion of the U.S. EEZ south of San Miguel Island be tween a line extending 10 nautical miles west of Point Bennett, CA, and a line extending 10 nautical miles east of Cardwell Point, CA. (2) Santa Rosa Island closure. Within the portion of the U.S. EEZ north of San Miguel Island between a line ex tending 6 nautical miles west from Sandy Point, CA, and a line extending 6 nautical miles east of Skunk Point, CA, from May 1 through July 31. (3) San Nicolas Island closure. In the portion of the U.S. EEZ within a radius of 10 nautical miles of 33°16′41″ N. lat., 119°34′39″ W. long. (west end) from May 1 through July 31. (4) San Clemente Island closure. In the portion of the U.S. EEZ within 6 nau tical miles of the coastline on the eas terly side of San Clemente Island with in a line extending 6 nautical miles west from 33°02′16″ N. lat., 118°35′27″ W. long. and a line extending 6 nautical miles east from the light at Pyramid Head, CA. (f) Pre-trip notification requirements. (1) Drift gillnet vessel owners or opera tors are required to notify NMFS or the NMFS-designated observer pro vider at least 48 hours prior to depart ing on each fishing trip. The vessel owners or operators must communicate to the observer provider: the owner’s or operator’s name, contact information, vessel name, port of departure, esti mated date and time of departure, and a telephone number at which the owner or operator may be contacted during the business day (Monday through Fri day between 8 a.m. to 4:30 p.m., Pacific Time) to indicate whether an observer will be required on the subject fishing trip. Contact information for the cur rent observer provider can be obtained by calling the NMFS West Coast Re gion Sustainable Fisheries Division at 562–980–4025. (2) Drift gillnet vessel owners or op erators must provide the NMFS Office of Law Enforcement for the West Coast Region (OLE) with a declaration report before the vessel leaves port to fish for thresher shark/swordfish with large mesh drift gillnet gear in state and fed eral waters between 0 and 200 nautical miles offshore of California, Oregon, or Washington. Declaration reports will include: The vessel name and/or identi fication number, and gear type. (i) Upon receipt of a declaration re port, OLE will provide a confirmation code or receipt to confirm that a valid declaration report was received for the vessel. Retention of the confirmation code or receipt to verify that a valid declaration report was filed and the declaration requirement was met is the responsibility of the vessel owner or operator. (ii) The vessel operator must send a new declaration report before leaving port on a trip during which the fishing VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00407 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 398 50 CFR Ch. VI (10–1–22 Edition) § 660.713 gear that will be used is different from the gear type most recently declared for the vessel. A declaration report will be valid until another declaration re port revising the existing gear declara tion is received by OLE. (iii) OLE’s declaration hotline is 1– 888–585–5518. The business hours for the OLE are Monday through Friday, ex cept Federal holidays, 8 a.m. to 4:30 p.m., Pacific Time; voice messages left on the hotline will be retrieved at the start of the next business day. (g) Vessel Monitoring System (VMS) re quirements. Drift gillnet vessel owners are required to install an OLE type-ap proved VMS mobile transceiver unit (VMS unit) and to arrange for a OLE type-approved communications service provider to receive and relay trans missions to the OLE prior to fishing for thresher shark/swordfish with large mesh drift gillnet gear. (1) What is a VMS? A VMS consists of an OLE type-approved VMS unit that automatically determines the vessel’s position and transmits it to an OLE type-approved communications service provider. The communications service provider receives the transmission and relays it to the OLE. (2) What vessels are required to have a VMS? Any vessel registered for use with both a limited-entry California state large-mesh thresher shark/sword fish drift gillnet permit and a federal highly migratory species permit that fishes in state or federal waters off the coasts of California, Oregon, or Wash ington (0–200 nm offshore). (3) How are VMS units and communica tions dervice providers approved by OLE? (i) VMS unit manufacturers or com munication service providers will sub mit products or services to the OLE for evaluation based on the published spec ifications. (ii) The OLE will publish a list of OLE type-approved VMS units and communication service providers for the DGN fishery in the FEDERAL REG ISTER or notify the public through other appropriate media; and the OLE may publish amendments to the list as necessary. (4) What are the vessel owner’s respon sibilities? If you are a vessel owner that must participate in the VMS program, you or the vessel operator on your be half must: (i) Obtain an OLE type-approved VMS unit and have it installed on board your vessel in accordance with the instructions provided by the OLE. You may obtain a copy of the VMS in stallation and operation instructions from the Special-Agent-In-Charge (SAC). (ii) Activate the VMS unit, submit an activation report and an initial dec laration report, and receive confirma tion from the OLE that the VMS trans missions are being received at least 72 hours prior to leaving port on a fishing trip for which VMS is required. In structions for submitting an activation report may be obtained from the SAC. An activation report must again be submitted to the OLE following re installation of a VMS unit or change in service provider before the vessel may be used to fish in a fishery requiring the VMS. (A) Activation reports. If you are a ves sel owner who must use VMS and you are activating a VMS unit for the first time, or reactivating a VMS unit fol lowing a reinstallation or change in service provider, you or the vessel op erator on your behalf must fax to the OLE an activation report that in cludes: vessel name, vessel owner’s name, address and telephone number, vessel operator’s name, address and telephone number, USCG vessel docu mentation number/state registration number; and, if applicable, the relevant state and federal permit numbers for which vessel or owner is registered, VMS unit manufacturer, VMS commu nications service provider, VMS unit identification, and a statement signed and dated by the vessel owner con firming compliance with the installa tion procedures provided by the SAC and identifying whether the VMS unit is primary or backup. Immediately fol lowing submission of an activation re port, submit an initial declaration re port as described in paragraph (f)(2) of this section using the OLE’s declara tion hotline included in paragraph (f)(2)(iii) of this section. (B) Transferring ownership of the VMS unit. Ownership of the VMS unit may be transferred from one vessel owner to VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00408 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 399 Fishery Conservation and Management § 660.713 another vessel owner if all of the fol lowing documents are provided to the OLE: a new activation report, which identifies that the VMS unit was pre viously registered to another vessel, a notarized bill of sale showing proof of ownership of the VMS unit, and docu mentation from the communications service provider showing proof that the service agreement for the previous ves sel was terminated and that a service agreement was established for the new vessel. (iii) Continuously operate and main tain the VMS unit in good working order 24 hours a day throughout the fishing year. The VMS unit must accu rately transmit a signal indicating the vessel’s position at least once every hour, 24 hours a day throughout the year, unless a valid exemption report, as described in paragraph (g)(4)(iv)(F) of this section, has been confirmed by the OLE. A reduced signal trans mission rate, at least once every 4 hours, may be authorized by the OLE when a vessel remains in port for an extended period of time. (iv) Submit an exemption report to be confirmed by the OLE as valid, as described at paragraph (g)(4)(iv)(F) of this section, and comply with all condi tions and requirements of the VMS ex emption identified in this section and specified in the exemption report for a vessel to be exempted from the require ment of continuously operating and maintaining the VMS unit 24 hours a day throughout the fishing year. (A) Haul out exemption. When it is an ticipated that a vessel will be continu ously out of the water for more than 7 consecutive days and the OLE has con firmed a valid exemption report has been received for the vessel, electrical power to the VMS unit may be re moved and transmissions may be dis continued. Under this exemption, VMS transmissions can be discontinued from the time the vessel is removed from the water until the time that the vessel is placed back in the water. (B) Outside areas exemption. When the vessel will be continuously operating seaward of the U.S. exclusive economic zone (EEZ; beyond 200 nm) off the coasts of California, Oregon, or Wash ington for more than 7 consecutive days and the OLE has confirmed a valid exemption report has been re ceived for the vessel, the VMS unit transmissions may be reduced or dis continued from the time the vessel leaves the EEZ off the coasts of Cali fornia, Oregon, or Washington until the time that the vessel re-enters the EEZ off the coasts of California, Oregon, or Washington. If the vessel is equipped with a VMS unit that OLE has ap proved for this exemption and after the OLE has received an exemption report for the vessel, the vessel owner or oper ator can request that the OLE reduce or discontinue the VMS transmissions. (C) Long-term departure exemption. A vessel participating in the DGN fishery that is required to have VMS under paragraph (g) of this section may be ex empted from VMS provisions after the end of the fishing season in which it fished, provided that a completed ex emption report including a statement signed by the vessel owner indicating that the vessel will not be used to take and retain or possess or land swordfish taken in state or federal waters off the coasts of California, Oregon, or Wash ington during the upcoming fishing year is submitted to the OLE. (D) Emergency exemption. Vessels re quired to have VMS under paragraph (g) of this section may be exempted from VMS provisions in emergency sit uations that are beyond the vessel owner’s control, including but not lim ited to: fire, flooding, or extensive physical damage to critical areas of the vessel. A vessel owner may request an emergency exemption from the VMS requirements specified in para graph (g) of this section for his/her ves sel by contacting the OLE and submit ting the following information in writ ing: the reasons for seeking an exemp tion including any supporting docu ments (e.g., repair invoices, photo graphs showing damage to the vessel, insurance claim forms, etc.), the time period for which the exemption is re quested, and the location of the vessel while the exemption is in effect. The OLE will issue a written determination granting or denying the emergency ex emption request. A vessel will not be covered by the emergency exemption until the OLE issues a determination VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00409 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 400 50 CFR Ch. VI (10–1–22 Edition) § 660.713 granting the exemption. If an exemp tion is granted, the duration of the ex emption will be specified in the OLE determination. (E) Submission of exemption reports. Long-term departure exemption re ports must be signed by the vessel owner and submitted by fax or by emailing an electronic copy of the ac tual report to the OLE. If an emer gency exemption request will be sub mitted, initial contact with the OLE must be made by telephone, fax or email within 24 hours from when the emergency incident occurred. All emer gency exemption requests must be sub mitted in writing within 72 hours from when the incident occurred. Submis sion methods for exemption reports, except long-term departures and emer gency exemption requests, may include email, facsimile, or telephone. The OLE will provide, through appropriate media, instructions to the public on submitting exemption reports. Instruc tions and other information needed to make exemption reports may be mailed to the vessel owner’s address of record. Owners of vessels required to use the VMS who do not receive instructions by mail are responsible for contacting OLE during business hours at least 3 days before the exemption is needed to obtain information necessary for ex emption reports. The OLE must be con tacted during business hours (Monday through Friday, except federal holi days, between 8 a.m. to 4:30 p.m., Pa cific Time). Any other categories of ex emptions that have not been specified in paragraph (g) of this section may be submitted to the OLE through the VMS unit or another method deemed appropriate by the OLE. Before a re quest for a new category of exemption can be approved by OLE, it must be an nounced in the FEDERAL REGISTER. (F) Valid exemption reports. For an ex emption report to be valid, the OLE must receive and confirm it at least 2 hours and not more than 24 hours be fore the exempted activities defined at paragraphs (g)(4)(iv)(A) through (D) of this section. An exemption report is valid until NMFS receives a report canceling the exemption. An exemp tion cancellation must be received at least 2 hours before the vessel re-enters the EEZ following an outside areas ex emption; at least 2 hours before the vessel is placed back in the water fol lowing a haul-out exemption; or at least 2 hours before a vessel resumes fishing with a large-mesh drift gillnet after a long-term departure exemption. If a vessel is required to submit an ac tivation report under paragraph (g)(4)(ii) of this section before return ing to fish, that report may substitute for the exemption cancellation. After an emergency situation occurs that disrupts the VMS transmission, initial contact must be made with the OLE within 24 hours and a written emer gency exemption request submitted within 72 hours from when the incident occurred. If the emergency situation, upon which an emergency exemption is based, is resolved before the exemption expires, an exemption cancellation must be received by OLE at least 2 hours before the vessel resumes fishing. (v) When aware that transmission of automatic position reports has been in terrupted, or when notified by OLE that automatic position reports are not being received, contact OLE and follow the instructions provided to you. Such instructions may include, but are not limited to, manually communicating the vessel’s position to a location des ignated by the OLE or returning to port until the VMS unit is operable. (vi) After a fishing trip during which interruption of automatic position re ports has occurred, the vessel’s owner or operator must replace or repair the VMS unit prior to the vessel’s next fishing trip. Repair or reinstallation of a VMS unit or installation of a replace ment unit, including any changes in communications service providers shall be in accordance with the instructions provided by the OLE. (vii) Make the VMS units available for inspection by OLE personnel, USCG personnel, state enforcement personnel or any authorized officer. (viii) Ensure that the VMS unit is not tampered with, disabled, destroyed, operated, or maintained improperly. (ix) Pay all charges levied by the communication service provider as necessary to ensure continuous oper ation of the VMS units. (5) What is the contact information for the OLE SAC? For issues related to day VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00410 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 401 Fishery Conservation and Management § 660.717 to-day operation of VMS units, includ ing declaration reports, activation re ports and exemption reports, the SAC’s designee is the OLE VMS Program Manager’s office located at 7600 Sand Point Way NE., Seattle, WA 98115–6349; phone: (888) 585–5518; fax: (206) 526–6528); and email: wcd.vms@noaa.gov. (h) Limits on protected species mortali ties and injuries. (1) Maximum 2-year hard caps are established on the num ber of sea turtle and marine mammal mortalities and injuries that occur as a result of observed interactions with large-mesh drift gillnets (mesh size ≥ 14 inches) deployed by vessels registered for use under HMS permits. Mortalities and injuries during the current fishing season (May 1 through January 31) and the previous fishing season are counted towards the hard caps. The mortality and injury hard caps are as follows: TABLE 1 TO PARAGRAPH (h) Species Rolling 2-year hard cap Fin Whale .......................................................... 2 Humpback Whale .............................................. 2 Sperm Whale ..................................................... 2 Leatherback Sea Turtle ..................................... 2 Loggerhead Sea Turtle ...................................... 2 Olive Ridley Sea Turtle ..................................... 2 Green Sea Turtle ............................................... 2 Short-fin Pilot Whale (CA/OR/WA stock) .......... 4 Bottlenose Dolphin (CA/OR/WA stock) ............. 4 (2) Upon determination by the Re gional Administrator that, based on data from NMFS observers or a NMFS Electronic Monitoring program, the fishery has reached any of the pro tected species hard caps during a given 2-year period: (i) As soon as practicable, the Re gional Administrator will file for publi cation at the Office of the Federal Reg ister a notification that the fishery has reached a protected species hard cap. The notification will include an advise ment that the large-mesh drift gillnet (mesh size ≥ 14 inches) fishery shall be closed, and that drift gillnet fishing in the U.S. West Coast Exclusive Eco nomic Zone by vessels registered for use under HMS permits will be prohib ited beginning at a specified date and ending at a specified date. Drift gillnet fishing will then be allowed beginning May 1 of the year when observed mor tality and injury of each species during the previous two May 1 through Janu ary 31 fishing seasons is below its hard cap value. Coincidental with the filing of the notification, the Regional Ad ministrator will also provide actual no tice that the large-mesh drift gillnet (mesh size ≥ 14 inches) fishery shall be closed, and that drift gillnet fishing in the U.S. West Coast Exclusive Eco nomic Zone by vessels registered for use under HMS permits will be prohib ited beginning at a specified date, to all holders of HMS permits with a drift gillnet endorsement via VMS commu nication, postal mail, and a posting on the NMFS regional website. (ii) Beginning on the fishery closure date published in the FEDERAL REG ISTER and indicated by the Regional Administrator in the notification pro vided to vessel operators and permit holders under paragraph (h)(2)(i) of this section, and until the specified ending date, the large-mesh drift gillnet (mesh size ≥ 14 inches) fishery shall be closed. During the closure period commercial fishing vessels registered for use under HMS permits may not be used to tar get, retain on board, transship, or land fish captured with a large-mesh drift gillnet (mesh size ≥ 14 inches), with the exception that any fish already on board a fishing vessel on the effective date of the document may be retained on board, transshipped, and/or landed, to the extent authorized by applicable laws and regulations, provided such fish are landed within 4 days after the effective date published in the fishing closure document. [69 FR 18453, Apr. 7, 2004, as amended at 72 FR 31757, June 8, 2007; 78 FR 54551, Sept. 4, 2013; 80 FR 10395, Feb. 26, 2015; 85 FR 7250, Feb. 7, 2020] § 660.714 Purse seine fishery. [Re served] § 660.715 Harpoon fishery. [Reserved] § 660.716 Surface hook-and-line fish ery. [Reserved] § 660.717 Framework for revising regu lations. (a) General. NMFS will establish and adjust specifications and management measures in accordance with proce dures and standards in the FMP. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00411 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 402 50 CFR Ch. VI (10–1–22 Edition) § 660.718 (b) Annual actions. Annual specifica tions are developed and implemented according to § 660.709. (c) Routine management measures. Con sistent with section 3.4 of the FMP, management measures designated as routine may be adjusted during the year after recommendation from the Council, approval by NMFS, and publi cation in the FEDERAL REGISTER. (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 8.3.4 of the FMP and will be published in the FEDERAL REGISTER. § 660.718 Exempted fishing. (a) In the interest of developing an efficient and productive fishery for HMS, the Regional Administrator may issue exempted fishing permits (EFP) for the harvest of HMS that otherwise would be prohibited. (b) No exempted fishing for HMS may be conducted unless authorized by an EFP issued for the participating vessel in accordance with the criteria and procedures specified in 50 CFR 600.745. § 660.719 Scientific observers. (a) All fishing vessels with permits issued under this subpart and operating in HMS fisheries, including catcher/ processors, at-sea processors, and ves sels that embark from a port in Wash ington, Oregon, or California and land catch in another area, may be required to accommodate an NMFS certified ob server on board to collect scientific data. (b) All vessels with observers on board must comply with the safety reg ulations at 50 CFR 600.746. (c) NMFS shall advise the permit holder or the designated agent of any observer requirement in response to any pre-trip notification in this sub part. (d) When NMFS notifies the permit holder or designated agent of the obli gation to carry an observer in response to a notification under this subpart or as a condition of an EFP issued under 50 CFR 660.718, the vessel may not en gage in the fishery without taking the observer. (e) A permit holder must accommo date a NMFS observer assigned under this section. The Regional Administra tor’s office, and not the observer, will address any concerns raised over ac commodations. (f) The permit holder, vessel oper ator, and crew must cooperate with the observer in the performance of the ob server’s duties, including: (1) Allowing for the embarking and debarking of the observer. (2) Allowing the observer access to all areas of the vessel necessary to con duct observer duties. (3) Allowing the observer access to communications equipment and navi gation equipment as necessary to per form observer duties. (4) Allowing the observer access to VMS units to verify operation, obtain data, and use the communication capa bilities of the units for official pur poses. (5) Providing accurate vessel loca tions by latitude and longitude or loran coordinates, upon request by the observer. (6) Providing sea turtle, marine mammal, or sea bird specimens as re quested. (7) Notifying the observer in a timely fashion when commercial fishing oper ations are to begin and end. (g) The permit holder, operator, and crew must comply with other terms and conditions to ensure the effective deployment and use of observers that the Regional Administrator imposes by written notice. (h) The permit holder must ensure that assigned observers are provided living quarters comparable to crew members and are provided the same meals, snacks, and amenities as are normally provided to other vessel per sonnel. § 660.720 Interim protection for sea turtles. (a) Until the effective date of §§ 660.707 and 660.712 (d) and (e), it is un lawful for any person who is not oper ating under a Hawaii longline limited access permit under § 660.21(b) to do any of the following: (1) Direct fishing effort toward the harvest of swordfish (Xiphias gladius) using longline gear deployed on the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00412 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 403 Fishery Conservation and Management § 660.721 high seas of the Pacific Ocean west of 150° W. long. and north of the equator (0° lat.). (2) Possess a light stick on board a longline vessel on the high seas of the Pacific Ocean west of 150° W. long. north of the equator. A light stick as used in this paragraph is any type of light emitting device, including any fluorescent glow bead, chemical, or electrically powered light that is af fixed underwater to the longline gear. (3) An operator of a longline vessel subject to this section may land or pos sess no more than 10 swordfish from a fishing trip where any part of the trip included fishing west of 150° W. long. and north of the equator (0° N. lat.). (4) Fail to employ basket-style longline gear such that the mainline is deployed slack when fishing on the high seas of the Pacific Ocean west of 150° W. long. north of the equator. (5) When a conventional monofilament longline is deployed by a vessel subject to this section, no fewer than 15 branch lines may be set be tween any two floats. Vessel operators using basket-style longline gear must set a minimum of 10 branch lines be tween any 2 floats when fishing in waters west of 150° W. long. north of the equator. (6) Longline gear deployed by a vessel subject to this section must be de ployed such that the deepest point of the main longline between any two floats, i.e., the deepest point in each sag of the main line, is at a depth greater than 100 m (328.1 ft or 54.6 fm) below the sea surface. (b) [Reserved] § 660.721 Recreational fishing bag lim its and filleting requirements. This section applies to recreational fishing for albacore tuna in the U.S. EEZ off the coast of California, Oregon, and Washington and for bluefin tuna in the U.S. EEZ off the coast of Cali fornia. In addition to individual fisher men, the operator of a U.S. sportsfishing vessel that fishes for al bacore or bluefin tuna is responsible for ensuring that the bag and posses sion limits of this section are not ex ceeded. The bag limits of this section apply on the basis of each 24-hour pe riod at sea, regardless of the number of trips per day. The provisions of this section do not authorize any person to take and retain more than one daily bag limit of fish during 1 calendar day. Federal recreational HMS regulations are not intended to supersede any more restrictive state recreational HMS reg ulations relating to federally-managed HMS. (a) Albacore Tuna Daily Bag Limit. Ex cept pursuant to a multi-day posses sion permit referenced in paragraph (c) of this section, a recreational fisher man may take and retain, or possess onboard no more than: (1) Ten albacore tuna if any part of the fishing trip occurs in the U.S. EEZ south of a line running due west true from 34°27′ N. latitude (at Point Con ception, Santa Barbara County) to the U.S.-Mexico border. (2) Twenty-five albacore tuna if any part of the fishing trip occurs in the U.S. EEZ north of a line running due west true from 34°27′ N. latitude (at Point Conception, Santa Barbara Coun ty) to the California-Oregon border. (b) Bluefin Tuna Daily Bag Limit. A recreational fisherman may take and retain, or possess on board no more than two bluefin tuna during any part of a fishing trip that occurs in the U.S. EEZ off California south of a line run ning due west true from the Cali fornia—Oregon border [42°00′ N. lati tude]. (c) Possession Limits. If the State of California requires a multi-day posses sion permit for albacore or bluefin tuna harvested by a recreational fishing ves sel and landed in California, aggre gating daily trip limits for multi-day trips would be deemed consistent with Federal law. (d) Boat Limits Off the coast of Cali fornia, boat limits apply, whereby each fisherman aboard a vessel may con tinue to use recreational angling gear until the combined daily limits of HMS for all licensed and juvenile anglers aboard has been attained (additional state restrictions on boat limits may apply). Unless otherwise prohibited, when two or more persons are angling for HMS species aboard a vessel in the EEZ, fishing may continue until boat limits are reached. (e) Restrictions on Filleting of Tuna South of Point Conception. South of a VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00413 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 404 50 CFR Ch. VI (10–1–22 Edition) Pt. 665 line running due west true from Point Conception, Santa Barbara County (34°27′ N. latitude) to the U.S.-Mexico border, any tuna that has been filleted must be individually bagged as follows: (1) The bag must be marked with the species’ common name; and (2) The fish must be cut into the fol lowing six pieces with all skin at tached: the four loins, the collar re moved as one piece with both pectoral fins attached and intact, and the belly cut to include the vent and with both pelvic fins attached and intact. [72 FR 58259, Oct. 15, 2007, as amended at 80 FR 44891, July 28, 2015] PART 665—FISHERIES IN THE WESTERN PACIFIC Subpart A—General Sec. 665.1 Purpose and scope. 665.2 Relation to other laws. 665.3 Licensing and registration. 665.4 Annual catch limits. 665.5–665.11 [Reserved] 665.12 Definitions. 665.13 Permits and fees. 665.14 Reporting and recordkeeping. 665.15 Prohibitions. 665.16 Vessel identification. 665.17 Experimental fishing. 665.18 Framework adjustments to manage ment measures. 665.19 Vessel monitoring system. 665.20 Western Pacific Community Develop ment Program. Subpart B—American Samoa Fisheries 665.98 Management area. 665.99 Area restrictions. 665.100 American Samoa bottomfish fish eries [Reserved] 665.101 Definitions. 665.103 Prohibitions. 665.104 Gear restrictions. 665.105 At-sea observer coverage. 665.106 American Samoa annual catch lim its (ACL). 665.107–665.119 [Reserved] 665.120 American Samoa coral reef eco system fisheries [Reserved] 665.121 Definitions. 665.122 [Reserved] 665.123 Relation to other laws. 665.124 Permits and fees. 665.125 Prohibitions. 665.126 Notifications. 665.127 Allowable gear and gear restrictions. 665.128 Gear identification. 665.129–665.139 [Reserved] 665.140 American Samoa crustacean fish eries [Reserved] 665.141 Definitions. 665.142 Permits. 665.143 Prohibitions. 665.144 Notifications. 665.145 At-sea observer coverage. 665.146–665.159 [Reserved] 665.160 American Samoa precious coral fish eries [Reserved] 665.161 Definitions. 665.162 Permits. 665.163 Prohibitions. 665.164 Gear restrictions. 665.165 Size restrictions. 665.166 Closures. 665.167 Quotas. 665.168 Seasons. 665.169 Gold coral harvest moratorium. Subpart C—Hawaii Fisheries 665.198 Management areas. 665.199 Area restrictions [Reserved] 665.200 Hawaii bottomfish and seamount groundfish fisheries [Reserved] 665.201 Definitions. 665.202 Management subareas. 665.203 Permits. 665.204 Prohibitions. 665.205 Notification. 665.206 Gear restrictions. 665.207 At-sea observer coverage. 665.208 Protected species conservation. 665.209 Fishing moratorium at Hancock Seamount. 665.210 [Reserved] 665.211 Annual Catch Limits (ACL) and An nual Catch Targets (ACT). 665.212 Non-commercial bag limits. 665.213–665.219 [Reserved] 665.220 Hawaii coral reef ecosystem fisheries [Reserved] 665.221 Definitions. 665.222 Management area. 665.223 Relation to other laws. 665.224 Permits and fees. 665.225 Prohibitions. 665.226 Notifications. 665.227 Allowable gear and gear restrictions. 665.228 Gear identification. 665.229–665.239 [Reserved] 665.240 Hawaii crustacean fisheries [Re served] 665.241 Definitions. 665.242 Permits. 665.243 Prohibitions. 665.244 Notifications. 665.245 Gear restrictions. 665.246 Gear identification. 665.247 At-sea observer coverage. 665.248 Monk seal protective measures. 665.249 Lobster size and condition restric tions in Permit Area 2. 665.250 Closed seasons. 665.251 Closed areas. 665.252 Harvest limitation program. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00414 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B