50 CFR § 679.60-679.67 - Fisheries of the Exclusive Economic Zone off Alaska - American Fisheries Act and Aleutian Island Directed Pollock Fishery Management Measures

§ 679.60 Authority and related regula- the purpose of cooperatively managing tions. directed fishing for BS subarea pollock must comply with the provisions of (a) Regulations under this subpart this section. The owners and operators were developed by the National Marine of all the member vessels that are sig- Fisheries Service and the North Pacific natories to a fishery cooperative are Fishery Management Council to imple- jointly and severally responsible for ment the American Fisheries Act compliance with the requirements of (AFA) (Div. C, Title II, Subtitle II, this section. Public Law 105–277, 112 Stat. 2681 (1998)) (c) Designated representative and agent and the Consolidated Appropriations for service of process. Each cooperative Act of 2004 (Public Law 108–199, Sec. must appoint a designated representa- 803). Additional regulations in this part tive and agent for service of process that implement specific provisions of and must ensure that the cooperative’s the AFA and Consolidated Appropria- designated representative and agent for tions Act of 2004 are set out at §§ 679.2 service of process comply with the reg- Definitions, 679.4 Permits, 679.5 Record- ulations in this part. keeping and reporting (R &R), 679.7 (1) What is a designated representative? Prohibitions, 679.20 General limita- The designated representative is the tions, 679.21 Prohibited species bycatch primary contact person for NMFS on management, 679.28 Equipment and issues relating to the operation of the operational requirements, 679.31 CDQ cooperative. Any cooperative formed reserves, and 679.50 Groundfish Ob- under this section must appoint a des- server Program. ignated representative to fulfill regu- (b) Regulations developed by the De- latory requirements on behalf of the partment of Transportation to imple- cooperative including, but not limited ment provisions of the AFA are found to, filing of cooperative contracts, fil- at 46 CFR part 356. ing of annual reports, submitting all [70 FR 9867, Mar. 1, 2005] cost recovery fees, and in the case of inshore sector catcher vessel coopera-

§ 679.61 Formation and operation of tives, signing cooperative fishing per- fishery cooperatives. mit applications and completing and (a) Who is liable for violations by a fish- submitting inshore catcher vessel pol- ery cooperative and cooperative members? lock cooperative catch reports. A fishery cooperative must comply (2) What is an agent for service of proc- with the provisions of this section. The ess? Any cooperative formed under this owners and operators of vessels that section must appoint an agent who is are members of a fishery cooperative, authorized to receive and respond to including vessels under contract to a any legal process issued in the United cooperative, are responsible for ensur- States with respect to all owners and ing that the fishery cooperative com- operators of vessels that are members plies with the directed fishing, of the cooperative. The cooperative sideboard closures, PSC limits and must provide the Regional Adminis- other allocations and restrictions that trator with the name, address and tele- are applicable to the fishery coopera- phone number of the appointed agent. tive. The owners and operators of ves- Service on or notice to the coopera- sels that are members of a fishery co- tive’s appointed agent constitutes serv- operative, including vessels under con- ice on or notice to all members of the tract to a cooperative, are responsible cooperative. sfrattini on LAPJZKW1R2 with $$_JOB for ensuring that all fishery coopera- (3) What is the term of service and proc- tive members comply with the directed ess for replacing the agent for service of 801 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00811 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31

§ 679.61 50 CFR Ch. VI (10–1–22 Edition) process? The agent for service of process delivery by private courier is 709 West must be capable of accepting service on 9th St., Suite 401, Juneau, AK 99801. behalf of the cooperative until Decem- (3) What is the deadline for filing? The ber 31 of the year 5 years after the cal- contract or renewal letter and sup- endar year for which the fishery coop- porting materials must be received by erative has filed its intent to operate. NMFS and by the Council at least 30 The owners and operators of all mem- days prior to the start of any fishing ber vessels of a cooperative are respon- activity conducted under the terms of sible for ensuring that a substitute the contract. In addition, an inshore agent is designated and the Agency is cooperative that is also applying for an notified of the name, address and tele- allocation of BS subarea pollock under phone number of the substitute agent § 679.62 must file its contract, any in the event the previously designated amendments hereto, and supporting agent is no longer capable of accepting materials no later than December 1 of service on behalf of the cooperative or the year prior to the year in which the cooperative members within that 5- fishing under the contract will occur. year period. (e) What are the required elements in a (d) Annual filing requirements. You cooperative contract?—(1) Requirements must file on an annual basis, with the for all fishery cooperatives. Any coopera- Council and NMFS, a signed copy of tive contract filed under this para- your fishery cooperative contract, and graph (e) must: any material modifications to any such (i) List parties to the contract. (ii) List all vessels and processors contract, together with a copy of a let- that will harvest and process pollock ter from a party to the contract re- harvested under the cooperative. questing a business review letter on (iii) Specify the amount or percent- the fishery cooperative from the De- age of pollock allocated to each party partment of Justice and any response to the contract. to such request. The Council and (iv) Specify a designated representa- NMFS will make this information tive and agent for service of process. available to the public upon request. (v) Include a contract clause under (1) Must multi-year contracts be re-filed which the parties to the contract agree annually? If your cooperative contract to make payments to the State of Alas- was previously filed with NMFS and ka for any pollock harvested in the di- the Council under this paragraph (d), rected pollock fishery that are not then you may submit a renewal letter landed in the State of Alaska, in to NMFS and the Council by the filing amounts which would otherwise accrue deadline in lieu of the cooperative con- had the pollock been landed in the tract and business review letter. The State of Alaska subject to any landing renewal letter must provide notice that taxes established under Alaska law. the previously filed cooperative con- Failure to include such a contract tract will remain in effect for the sub- clause or for such amounts to be paid sequent fishing year. The renewal let- will result in a revocation of the au- ter also must detail any material modi- thority to form fishery cooperatives fications to the cooperative contract under section 1 of the Act of June 25, that have been made since the last fil- 1934 (15 U.S.C. 521 et seq.). ing including, but not limited to, any (vi) List the obligations of members changes in cooperative membership. of a cooperative, governed by this sec- (2) Where must contracts or renewal let- tion, to ensure the full payment of all ters be filed? You must send a signed AFA fee liabilities that may be due. copy of your cooperative contract or (2) Additional required elements in all renewal letter and the required sup- fishery cooperatives that include AFA porting materials to the North Pacific catcher vessels. A cooperative contract Fishery Management Council, 605 West that includes catcher vessels must in- 4th Ave, Suite 306, Anchorage, AK clude adequate provisions to prevent 99501; and to the NMFS Alaska Region. each non-exempt member catcher ves- The mailing address for the NMFS sel from exceeding an individual vessel sfrattini on LAPJZKW1R2 with $$_JOB Alaska Region is P.O. Box 21668, Ju- sideboard limit for each BSAI or GOA neau, AK 99802. The street address for sideboard species or species group that 802 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00812 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 Fishery Conservation and Management § 679.62 is issued to the vessel by the coopera- (iv) A description of any actions tive in accordance with the following taken by the cooperative in response to formula: any vessels that exceed their allowed (i) The aggregate individual vessel catch and bycatch in pollock and all sideboard limits issued to all member sideboard fisheries; and vessels in a cooperative must not ex- (v) The total weight of pollock landed ceed the aggregate contributions of outside the State of Alaska on a vessel- each member vessel towards the over- by-vessel basis. all groundfish sideboard amount as cal- (vi) The number of salmon taken by culated by NMFS under § 679.64(b) and species and season, and list each ves- as announced to the cooperative by the sel’s number of appearances on the Regional Administrator, or weekly ‘‘dirty 20’’ lists for non-Chinook (ii) In the case of two or more co- salmon. operatives that have entered into an (3) What is the required format? You inter-cooperative agreement, the ag- must submit at least one copy of each gregate individual vessel sideboard annual report ready for duplication on limits issued to all member vessels unbound single-sided 8.5- by-11-inch subject to the inter-cooperative agree- paper, or in an alternative format ap- ment must not exceed the aggregate proved in advance by the Council. contributions of each member vessel (g) Landing tax payment deadline. You towards the overall groundfish must pay any landing tax owed to the sideboard amount as calculated by State of Alaska under section 210(f) of NMFS under § 679.64(b) and as an- the AFA and paragraph (e)(1)(v) of this nounced by the Regional Adminis- section before April 1 of the following trator. year, or the last day of the month fol- (f) Annual reporting requirement. Any lowing the date of publication of state- fishery cooperative governed by this wide average prices by the Alaska section must submit an annual written State Department of Revenue, which- report on fishing activity to the North ever is later. All members of the coop- Pacific Fishery Management Council, erative are prohibited from harvesting 605 West 4th Avenue, Suite 306, Anchor- pollock in the BS subarea directed pol- age, AK 99501. The Council will make lock fishery after the payment dead- copies of each report available to the line if any member vessel has failed to public upon request. pay all required landing taxes from any (1) What is the submission deadline? landings made outside the State of The cooperative must submit the an- Alaska by the landing deadline. Mem- nual report by April 1 of each year. An- bers of the cooperative may resume di- nual reports must be postmarked by rected fishing for pollock once all over- the submission deadline or received by due landing taxes are paid. a private courier service by the submis- sion deadline. [67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003; 70 FR 9868, Mar. 1, 2005; (2) What information must be included? 72 FR 61076, Oct. 29, 2007; 73 FR 76166, Dec. 15, The annual report must contain, at a 2008; 75 FR 53069, Aug. 30, 2010; 76 FR 12886, minimum: Mar. 9, 2011; 81 FR 168, Jan. 5, 2016] (i) The cooperative’s allocated catch of pollock and sideboard species, and § 679.62 Inshore sector cooperative al- any sub-allocations of pollock and location program. sideboard species made by the coopera- (a) How will inshore sector cooperative tive to individual vessels on a vessel- allocations be made? An inshore catcher by-vessel basis; vessel cooperative that applies for and (ii) The cooperative’s actual retained receives an AFA inshore cooperative and discarded catch of pollock, fishing permit under § 679.4(l)(6) will re- sideboard species, and PSC on an area- ceive a sub-allocation of the annual BS by-area and vessel-by-vessel basis; subarea inshore sector directed fishing (iii) A description of the method used allowance. Each inshore cooperative’s by the cooperative to monitor fisheries annual allocation amount(s) will be de- sfrattini on LAPJZKW1R2 with $$_JOB in which cooperative vessels partici- termined using the following proce- pated; dure: 803 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00813 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31

§ 679.62 50 CFR Ch. VI (10–1–22 Edition) (1) Determination of individual vessel rected pollock fishery. (i) If NMFS ap- catch histories. The Regional Adminis- proves the application of an owner of a trator will calculate an official AFA catcher vessel that is a member of an inshore cooperative catch history for inshore vessel cooperative to replace a every inshore-sector endorsed AFA catcher vessel pursuant to § 679.4(l)(7), catcher vessel according to the fol- NMFS will assign the AFA inshore pol- lowing steps: lock catch history of the replaced ves- (i) Determination of annual landings. sel to the replacement vessel. For each year from 1995 through 1997 (ii) If NMFS approves the application the Regional Administrator will deter- of an owner of a catcher vessel that is mine each vessel’s total non-CDQ a member of an inshore vessel coopera- inshore pollock landings from the Ber- tive to remove a catcher vessel from ing Sea Subarea and Aleutian Islands the AFA directed pollock fishery pur- Subarea separately, except for the F/V suant to § 679.4(l)(7), NMFS will assign PROVIDIAN (USCG documentation the AFA inshore pollock catch history number 1062183). of the removed vessel to one or more (ii) Determination of annual landings vessels in the inshore vessel coopera- for the F/V PROVIDIAN. For the F/V tive to which the removed vessel be- PROVIDIAN, pursuant to Public Law longed as required by § 679.4(l)(7); 106–562, the Regional Administrator NMFS will not assign the catch history will substitute the 1992 through 1994 for any non-pollock species of the re- total Bering Sea subarea and Aleutian moved vessel to any other vessel, and Islands subarea pollock non-CDQ NMFS will permanently extinguish any inshore landings made by the F/V exemptions from sideboards that were OCEAN SPRAY (USCG documentation specified on the AFA permit of the re- number 517100 for the purpose of deter- moved vessel. mining annual cooperative quota share percentage. (3) Conversion of individual vessel catch (iii) Offshore compensation. If a catch- histories to annual cooperative quota er vessel made a total of 500 or more share percentages. Each inshore pollock mt of landings of non-CDQ Bering Sea cooperative that applies for and re- Subarea pollock or Aleutian Islands ceives an AFA inshore pollock coopera- Subarea pollock to catcher/processors tive fishing permit will receive an an- or offshore motherships other than the nual quota share percentage of pollock EXCELLENCE (USCG documentation for the BS subarea that is equal to the number 967502); GOLDEN ALASKA sum of each member vessel’s official (USCG documentation number 651041); AFA inshore cooperative catch history or OCEAN PHOENIX (USCG docu- for the BS subarea divided by the sum mentation number 296779) over the 3- of the official AFA inshore cooperative year period from 1995 through 1997, catch histories of all inshore-sector en- then all non-CDQ offshore pollock land- dorsed AFA catcher vessels. The co- ings made by that vessel during from operative’s quota share percentage will 1995 through 1997 will be added to the be listed on the cooperative’s AFA pol- vessel’s inshore catch history by year lock cooperative permit. and subarea. (4) Conversion of quota share percent- (iv) Best two out of three years. After age to TAC allocations. (Effective April steps (a)(1)(i) and (ii) of this section are 1, 2005) Each inshore pollock coopera- completed, the 2 years with the highest tive that receives a quota share per- landings will be selected for each sub- centage for a fishing year will receive area and added together to generate an annual allocation of Bering Sea and/ the vessel’s official AFA inshore coop- or Aleutian Islands pollock that is erative catch history for each subarea. equal to the cooperative’s quota share A vessel’s best 2 years may be different percentage for that subarea multiplied for the Bering Sea subarea and the by the annual inshore pollock alloca- Aleutian Islands Subarea. tion for that subarea. Each coopera- (2) Determination of individual vessel tive’s annual pollock TAC allocation catch histories after approval of replace- may be published in the proposed and sfrattini on LAPJZKW1R2 with $$_JOB ment of catcher vessel and approval of re- final BSAI harvest specifications no- moval of catcher vessel from the AFA di- tice. 804 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00814 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 Fishery Conservation and Management § 679.62 (b) What are the restrictions on fishing ance with the contract fishing applica- under a cooperative fishing permit? A co- tion instructions. operative that receives a cooperative (2) What information must be included fishing permit under § 679.4(l)(6) must on a contract fishing application? The comply with all of the fishing restric- following information must be included tions set out in this subpart. The own- on a contract fishing application: ers and operators of all the member (i) Co-op name(s). The names of the vessels that are named on an inshore cooperative or cooperatives that wish cooperative fishing permit and the to contract with a non-member vessel. owners and operators of any vessels (ii) Designated representative(s). The under contract to the cooperative names and signatures of the designated under paragraph (c) of this section are representatives for the cooperatives jointly and severally responsible for compliance with all of the require- that wish to contract with a non-mem- ments of a cooperative fishing permit ber vessel and the vessel’s home coop- pursuant to § 679.4(l)(6). erative. (1) What vessels are eligible to fish (iii) Vessel name. The name and AFA under an inshore cooperative fishing per- permit number of the contracted ves- mit? Only catcher vessels listed on a co- sel. operative’s AFA inshore cooperative (iv) Vessel owner. The name and sig- fishing permit or vessels under con- nature of the owner of the contracted tract to the cooperative under para- vessel. graph (c) of this section are permitted (v) Harvest schedule. A completed har- to harvest any portion of an inshore vest schedule showing how all catch cooperative’s annual pollock alloca- and any overages by the contracted tion. vessel will be allocated between the (2) What harvests accrue against an contracting cooperative (or coopera- inshore cooperative’s annual pollock allo- tives) and the contract vessel’s home cation? The following catches will ac- cooperative. In the event that multiple crue against a cooperative’s annual cooperatives are jointly contracting pollock allocation regardless of wheth- with a non-member vessel, the harvest er the pollock was retained or dis- schedule must clearly specify how all carded: catch and any overages will be allo- (i) Member vessels. All pollock caught cated among the various cooperatives. by a member vessel while engaged in (3) What vessels are eligible to conduct directed fishing for pollock in the BS contract fishing on behalf of an inshore subarea unless the vessel is under con- cooperative? Only AFA catcher vessels tract to another cooperative and the with an inshore fishing endorsement pollock is assigned to another coopera- that are members of an inshore cooper- tive. ative may conduct contract fishing on (ii) Contract vessels. All pollock con- behalf of another inshore cooperative. tracted for harvest and caught by a vessel under contract to the coopera- (4) Who must be informed? A coopera- tive under paragraph (c) of this section tive that has contracted with a non- while the vessel was engaged in di- member vessel to harvest a portion of rected fishing for pollock in the BS its inshore pollock allocation must in- subarea. form any AFA inshore processors to (c) Contract fishing by non-member ves- whom the vessel will deliver pollock sels. A cooperative that wishes to con- while under contract to the coopera- tract with a non-member vessel to har- tive prior to the start of fishing under vest a portion of the cooperative’s an- the contract. nual pollock allocation must comply (5) How must contract fishing be re- with the following procedures. ported to NMFS? An AFA inshore proc- (1) How does a cooperative contract essor that receives pollock harvested with a non-member vessel? A cooperative by a vessel under contract to a cooper- that wishes to contract with a non- ative must report the delivery to member vessel must submit a com- NMFS on the electronic delivery report sfrattini on LAPJZKW1R2 with $$_JOB pleted contract fishing application to by using the co-op code for the con- the Alaska Region, NMFS, in accord- tracting cooperative rather than the 805 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00815 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31

§ 679.63 50 CFR Ch. VI (10–1–22 Edition) co-op code of the vessel’s home cooper- (d) What are the requirements for AFA ative. inshore processors?—(1) Catch weighing. All groundfish landed by AFA catcher [67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003; 69 FR 64688, Nov. 8, vessels engaged in directed fishing for 2004; 70 FR 9868, Mar. 1, 2005; 79 FR 54602, pollock in the BSAI must be sorted and Sept. 12, 2014; 84 FR 2728, Feb. 8, 2019] weighed on a scale approved by the State of Alaska as described in

§ 679.63 Catch weighing requirements § 679.28(c), and be made available for for vessels and processors. sampling by a NMFS certified ob- (a) What are the requirements for listed server. The observer must be allowed AFA catcher/processors and AFA to test any scale used to weigh ground- motherships?—(1) Catch weighing. All fish in order to determine its accuracy. groundfish landed by listed AFA catch- (2) The plant manager or plant liai- er/processors or received by AFA son must notify the observer of the off- motherships must be weighed on a loading schedule for each delivery of NMFS-certified scale and made avail- BSAI pollock by an AFA catcher vessel able for sampling by a NMFS certified at least 1 hour prior to offloading. An observer. The owner and operator of a observer must monitor each delivery of listed AFA catcher/processor or an BSAI pollock from an AFA catcher ves- AFA mothership must ensure that the sel and be on site the entire time the vessel is in compliance with the scale delivery is being weighed or sorted. requirements described at § 679.28(b), that each groundfish haul is weighed [67 FR 79734, Dec. 30, 2002, as amended at 79 FR 54602, Sept. 12, 2014; 84 FR 55053, Oct. 15, separately, and that no sorting of 2019] catch, except halibut sorted on deck by vessels participating in the halibut § 679.64 Harvesting sideboard limits in deck sorting described at § 679.120, other fisheries. takes place prior to weighing. (a) Harvesting sideboards for listed AFA (2) Observer sampling station. The catcher/processors and catcher/processors owner and operator of a listed AFA designated on listed AFA catcher/proc- catcher/processor or AFA mothership essor permits. The Regional Adminis- must provide an observer sampling sta- trator will restrict the ability of listed tion as described at § 679.28(d) and must AFA catcher/processors and a catcher/ ensure that the vessel operator com- plies with the observer sampling sta- processor designated on a listed AFA tion requirements described at catcher/processor permit to engage in

§ 679.28(d) at all times that the vessel directed fishing for non-pollock harvests groundfish or receives deliv- groundfish species to protect partici- eries of groundfish harvested in the pants in other groundfish fisheries BSAI or GOA. from adverse effects resulting from the (b) What are the requirements for un- AFA and from fishery cooperatives in listed AFA catcher/processors? The owner the BS subarea directed pollock fish- or operator of an unlisted AFA catcher/ ery. processor must comply with the catch (1) How will groundfish sideboard limits weighing and observer sampling sta- for AFA listed catcher/processors and tion requirements set out in paragraph catcher/processors designated on listed (a) of this section at all times the ves- AFA catcher/processor permits be cal- sel is engaged in directed fishing for culated? Except for Aleutian Islands pollock in the BSAI. pollock and BSAI Pacific cod, the Re- (c) What are the requirements for AFA gional Administrator will establish an- replacement vessels? The owner and op- nual AFA catcher/processor harvest erator of an AFA replacement vessel limits for each groundfish species or are subject to the catch weighing re- species group in which a TAC is speci- quirements and the observer sampling fied for an area or subarea of the BSAI station requirements in paragraphs (a) as follows: and (b) of this section that applied to (i) Aleutian Islands Pacific ocean sfrattini on LAPJZKW1R2 with $$_JOB the owner and operator of the replaced perch. (A) The Aleutian Islands Pacific vessel. ocean perch harvest limit will be equal 806 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00816 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 Fishery Conservation and Management § 679.64 to the 1996 through 1997 aggregate re- catcher/processors listed in Sections tained catch of Aleutian Islands Pa- 208 (e)(1) through (e)(20) and 209 of the cific ocean perch by catcher/processors AFA in non-pollock target fisheries di- listed in Sections 208(e)(1) through (20) vided by the sum of the catch of that and 209 of the AFA in non-pollock tar- species in 1995 through 1997 multiplied get fisheries divided by the sum of the by the TAC of that species available for Aleutian Islands Pacific ocean perch harvest by catcher/processors in the catch in 1996 and 1997 multiplied by the year in which the harvest limit will be remainder of the Aleutian Islands Pa- in effect. cific ocean perch TAC after the sub- (B) If the amount of a species cal- traction of the CDQ reserve under culated under paragraph (a)(1)(iv)(A) of

§ 679.20(b)(1)(ii)(C) in the year in which this section is determined by the Re- the harvest limit will be in effect. gional Administrator to be insufficient (B) If the amount of Pacific ocean to meet bycatch needs for AFA catch- perch calculated under paragraph er/processors in other directed fisheries (a)(1)(i)(A) of this section is determined for groundfish, the Regional Adminis- by the Regional Administrator to be trator will prohibit directed fishing for insufficient to meet bycatch needs of that species by AFA catcher/processors AFA catcher/processors in other di- and establish the sideboard amount rected fisheries for groundfish, the Re- equal to the amount of that species gional Administrator will prohibit di- caught by AFA catcher/processors inci- rected fishing for Aleutian Islands Pa- dental to directed fishing for other cific ocean perch by AFA catcher/proc- groundfish species. essors and establish the sideboard (v) Yellowfin sole sideboard limit exemp- amount equal to the amount of Aleu- tion. AFA catcher/processors will not tian Islands Pacific ocean perch caught be subject to a harvest limit for yel- by AFA catcher/processors incidental lowfin sole in the BSAI during a cal- to directed fishing for other groundfish endar year if the aggregate ITAC of species. yellowfin sole assigned to the Amend- (ii) Atka mackerel. The Atka mackerel ment 80 sector and BSAI trawl limited harvest limit for each area and season access sector is greater than or equal will be equal to: to 125,000 metric tons. (A) Bering Sea subarea and Eastern (2) What are the halibut and crab PSC Aleutian Islands, zero; and sideboard limits? The halibut and crab (B) Western Aleutian Islands, 20 per- PSC bycatch limits specified for catch- cent of the annual TAC specified for er/processors in the BSAI are listed in Atka mackerel. Tables 40 and 41 to this part. (iii) Flathead sole, rock sole, and yel- (3) How will AFA catcher/processor lowfin sole. The harvest limit for flat- sideboard limits be managed? (i) The Re- head sole, rock sole, and yellowfin sole gional Administrator will manage will be equal to the 1995 through 1997 groundfish harvest limits and PSC by- aggregate retained catch of that spe- catch limits for AFA catcher/proc- cies by catcher/processors listed in Sec- essors through directed fishing closures tions 208(e)(1) through (e)(20) and 209 of in fisheries established under para- the AFA in non-pollock target fisheries graph (a)(1) of this section in accord- divided by the sum of the catch of that ance with the procedures set out in species in 1995 through 1997 multiplied §§ 679.20(d)(1)(iv) and 679.21(b)(4)(iii). by the remainder of the TAC of that (ii) Directed fishing for the BSAI species after the subtraction of the groundfish that have sideboard limits CDQ reserve under § 679.20(b)(1)(ii)(C) in listed in Table 54 of this part is prohib- the year in which the harvest limit will ited. be in effect. (b) Harvesting sideboards for AFA (iv) Remaining groundfish species. (A) catcher vessels. The Regional Adminis- Except as provided for in paragraphs trator will restrict the ability of AFA (a)(1)(i) through (a)(1)(iii) of this sec- catcher vessels to engage in directed tion, the harvest limit for each BSAI fishing for other groundfish species to groundfish species or species group will protect participants in other ground- sfrattini on LAPJZKW1R2 with $$_JOB be equal to the 1995 through 1997 aggre- fish fisheries from adverse effects re- gate retained catch of that species by sulting from the AFA and from fishery 807 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00817 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31

§ 679.64 50 CFR Ch. VI (10–1–22 Edition) cooperatives in the BS subarea di- lands pollock, the Regional Adminis- rected pollock fishery. trator will establish annual AFA (1) To whom do the catcher vessel catcher vessel harvest limits for each sideboard limits apply? Catcher vessel groundfish species or species group in harvest limits and PSC bycatch limits which a TAC is specified for an area or apply to all AFA catcher vessels par- subarea of the GOA and BSAI as fol- ticipating in all GOA groundfish fish- lows: eries and all non-pollock groundfish (i) BSAI groundfish other than Amend- fisheries in the BSAI except vessels ment 80 species. The AFA catcher vessel qualifying for sideboard exemptions in groundfish harvest limit for each BSAI the specific fisheries identified in para- groundfish species or species group graph (b)(2) of this section. other than BSAI Pacific cod will be (2) Who is exempt from catcher vessel equal to the aggregate retained catch sideboards? (i) BSAI Pacific cod of that groundfish species or species sideboard exemptions—(A) AFA catch- group from 1995 through 1997 by all er vessels less than 125 ft (38.1 m) LOA AFA catcher vessels; divided by the that are determined by the Regional sum of the TACs available to catcher Administrator to have harvested a vessels for that species or species group combined total of less than 5,100 mt of from 1995 through 1997; multiplied by BSAI pollock, and to have made 30 or the TAC available to catcher vessels in more legal landings of Pacific cod in the year or season in which the harvest the BSAI directed fishery for Pacific limit will be in effect. cod from 1995 through 1997 are exempt (ii) BSAI Pacific cod. The AFA catch- from sideboard closures for BSAI Pa- er vessel groundfish harvest limit for cific cod. BSAI Pacific cod will be equal to the (B) AFA catcher vessels with retained catch of BSAI Pacific cod in mothership endorsements are exempt 1997 by AFA catcher vessels not ex- from BSAI Pacific cod catcher vessel empted under paragraph (b)(2)(i)(A) of sideboard directed fishing closures this section divided by the BSAI Pa- after March 1 of each fishing year. cific cod TAC available to catcher ves- (ii) GOA groundfish sideboard exemp- sels in 1997; multiplied by the BSAI Pa- tions. AFA catcher vessels less than 125 cific cod TAC available to catcher ves- ft (38.1 m) LOA that are determined by sels in the year or season in which the the Regional Administrator to have harvest limit will be in effect. harvested less than 5,100 mt of BSAI (iii) Amendment 80 species other than pollock and to have made 40 or more Pacific cod. The AFA catcher vessel landings of GOA groundfish from 1995 groundfish harvest limit for each through 1997 are exempt from GOA Amendment 80 species other than BSAI groundfish catcher vessel sideboard di- Pacific cod will be equal to the aggre- rected fishing closures. gate retained catch of that Amendment (iii) An AFA rebuilt catcher vessel 80 species from 1995 through 1997 by all will have the same sideboard exemp- AFA catcher vessels, divided by the tions, if any, as the vessel before re- sum of the TAC available to catcher building, irrespective of the length of vessels for that species or species group the AFA rebuilt catcher vessel. from 1995 through 1997, and multiplied (iv) An AFA replacement vessel for by the remainder of the TAC after the an AFA catcher vessel will have the subtraction of the CDQ reserve under same sideboard exemptions, if any, as § 679.20(b)(1)(ii)(C) in the year or season the replaced AFA catcher vessel, irre- in which the harvest limit will be in ef- spective of the length of the AFA re- fect. placement vessel, except that if the re- (iv) GOA groundfish. The AFA catcher placement vessel was already des- vessel groundfish harvest limit for each ignated on an AFA permit as exempt GOA groundfish species or species from sideboard limits, the replacement group will be equal to the aggregate re- vessel will maintain the exemption tained catch of that groundfish species even if the replaced vessel was not ex- or species group from 1995 through 1997 empt from sideboard limits. by AFA catcher vessels not exempted sfrattini on LAPJZKW1R2 with $$_JOB (3) How will groundfish sideboard limits under paragraph (b)(2)(ii) of this sec- be calculated? Except for Aleutian Is- tion; divided by the sum of the TACs of 808 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00818 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 Fishery Conservation and Management § 679.65 that species or species group available under paragraphs (a)(1) through (4) of to catcher vessels from 1995 through this section: 1997; multiplied by the TAC available (1) Daily fishing logbook (DFL), catch- to catcher vessels in the year or season er vessel trawl gear. See § 679.5(c)(4). in which the harvest limit will be in ef- (2) Electronic logbook (ELB), AFA and fect. CDQ trawl catcher/processors. See (4) How will halibut and crab PSC limits § 679.5(f) in combination with eLandings be calculated?—(i) BSAI. The halibut pursuant to § 679.5(e). and crab PSC bycatch limits specified (3) IPA Annual Report. See for catcher vessels in the BSAI are list- § 679.21(f)(13). ed in Tables 40 and 41 to this part. (4) AFA cooperative annual reporting (ii) GOA. The AFA catcher vessel requirement. See § 679.61(f)(2). PSC bycatch limit for halibut in the (b) Chinook salmon PSC Compensated GOA will be a portion of the PSC limit Transfer Report (CTR). (1) An owner or equal to the ratio of aggregate retained groundfish catch by AFA catcher ves- leaseholder of an AFA-permitted vessel sels in each PSC target category from and the representative of any entity 1995 through 1997 relative to the re- that received an allocation of Chinook tained catch of all vessels in that fish- salmon PSC from NMFS must submit a ery from 1995 through 1997. CTR, Part 1, each calendar year, for (5) How will catcher vessel sideboard the previous calendar year. limits be managed? (i) The Regional Ad- (2) Any person who transferred Chi- ministrator will manage groundfish nook salmon PSC allocation after Jan- harvest limits and PSC bycatch limits uary 20, and paid or received money for for AFA catcher vessels using directed the transfer, must submit a completed fishing closures according to the proce- CTR (Part 1 and Part 2) for the pre- dures set out at §§ 679.20(d)(1)(iv) and vious calendar year. 679.21(d)(7) and (e)(3)(v). (3) The CTR is available through the (ii) Directed fishing for the BSAI Internet on the NMFS Alaska Region groundfish that have sideboard limits Web site at http:// listed in Table 55 of this part and the alaskafisheries.noaa.gov, or by con- GOA groundfish that have sideboard tacting NMFS at (206) 526–6414. limits listed in Table 56 of this part is (4) Beginning in 2013, and each year prohibited. thereafter, the completed CTR must be (6) Yellowfin sole sideboard limit exemp- submitted electronically on or before tion. AFA catcher vessels will not be 1700, A.l.t., on June 1, following the in- subject to a harvest limit for yellowfin structions on the form. sole in the BSAI during a calendar year (c) Vessel Fuel Survey. (1) An owner or if the aggregate ITAC of yellowfin sole leaseholder of an AFA-permitted vessel assigned to the Amendment 80 sector must submit all completed Vessel Fuel and BSAI trawl limited access sector is Surveys for each vessel used to harvest greater than or equal to 125,000 metric pollock in the Bering Sea in a given tons. year. [67 FR 79734, Dec. 30, 2002, as amended at 70 (2) The Vessel Fuel Survey is avail- FR 9868, Mar. 1, 2005; 72 FR 52725, Sept. 14, able through the Internet on the NMFS 2007; 72 FR 50818, Sept. 4, 2007; 73 FR 27770, Alaska Region Web site at http:// May 14, 2008; 79 FR 54602, Sept. 12, 2014; 81 FR alaskafisheries.noaa.gov, or by con- 24733, Apr. 27, 2016; 84 FR 2728, Feb. 8, 2019] tacting NMFS at (206) 526–6414.

§ 679.65 Bering Sea Chinook Salmon (3) The owner or leaseholder annually Bycatch Management Program Eco- must submit a completed Vessel Fuel nomic Data Report (Chinook salm- Survey, electronically on or before on EDR program). 1700, A.l.t., on June 1, 2013, and each (a) Requirements. NMFS developed the year thereafter, following the instruc- regulations under this section to im- tions on the form. plement the Chinook salmon EDR pro- (d) Vessel Master Survey. (1) For any gram. Additional regulations that im- AFA-permitted vessel used to harvest sfrattini on LAPJZKW1R2 with $$_JOB plement specific portions of the Chi- pollock in the Bering Sea in the pre- nook salmon EDR program are set out vious year: 809 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00819 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31

§ 679.66 50 CFR Ch. VI (10–1–22 Edition) (i) The vessel master must complete operative at the time of a Bering Sea the Vessel Master Survey, and the Ves- pollock landing. sel Master certification following the (2) Responsibility. (i) Subsequent instructions on the form. transfer of AFA permits held by coop- (ii) An owner or leaseholder must erative members does not affect the complete the Vessel owner certifi- designated representative’s liability cation following instructions on the for noncompliance with this section. form. (ii) Changes in the membership in a (iii) An owner or leaseholder must cooperative, such as members joining submit all Vessel Master Surveys, and or departing during the relevant year, each Vessel owner certification elec- or changes in the holdings of AFA per- tronically on or before 1700, A.l.t., on mits of those members do not affect June 1, 2013, and each year thereafter, the designated representative’s liabil- following the instructions on the form. ity for noncompliance with this sec- (2) The Vessel Master Survey is avail- tion. able through the Internet on the NMFS (3) Fee collection. Each designated Alaska Region Web site at http:// representative (as identified under alaskafisheries.noaa.gov, or by con- paragraph (a)(1) of this section) is re- tacting NMFS at (206) 526–6414. sponsible for submitting the cost re- (e) Chinook salmon EDR verification covery payment for all Bering Sea pol- and audit procedures. NMFS or the des- lock landings debited against the AFA ignated data collection agent (DDCA) cooperative’s or AFA sector’s AFA pol- will conduct verification of Chinook lock fishery allocation. salmon EDR information with the per- (4) Payment—(i) Payment due date. sons identified at § 679.65(b)(1), (b)(2), The designated representative (as iden- (c)(1), (d)(1)(i), and (d)(1)(ii). tified under paragraph (a)(1) of this (1) The persons identified at section) must submit all AFA fee pay-

§ 679.65(b)(1), (b)(2), (c)(1), (d)(1)(i), and ment(s) to NMFS at the address pro- (d)(1)(ii) must respond to inquiries by vided in paragraph (a)(4)(iii) of this sec- NMFS and its DDCA for purposes of tion no later than December 31 of the the CTR, within 20 days of the date of calendar year in which the Bering Sea issuance of the inquiry. pollock landings were made. (2) The persons identified at (ii) Payment recipient. Make elec-

§ 679.65(b)(1) and (b)(2) must provide tronic payment payable to NMFS. copies of additional data to facilitate (iii) Payment address. Submit pay- verification by NMFS and its DDCA for ment and related documents as in- purposes of the CTR. These paper or structed on the fee submission form. electronic copies may include, but are Payments must be made electronically not limited to, previously audited or through the NMFS Alaska Region Web reviewed financial statements, work- site at http://alaskafisheries.noaa.gov. In- sheets, tax returns, invoices, receipts, structions for electronic payment will and other original documents substan- be made available on both the payment tiating the data submitted. Web site and a fee liability summary [77 FR 5395, Feb. 3, 2012] letter mailed to each designated rep- resentative.

§ 679.66 AFA cost recovery. (iv) Payment method. Payment must (a) Cost recovery fee program for AFA— be made electronically in U.S. dollars (1) Who is responsible for submitting the by automated clearing house, credit fee? (i) The person designated on the card, or electronic check drawn on a AFA inshore cooperative permit as the U.S. bank account. designated representative at the time (b) AFA standard ex-vessel value deter- of a Bering Sea pollock landing. mination and use—(1) General. A des- (ii) The person designated as the rep- ignated representative must use the resentative of the entity representing AFA standard price determined by the AFA catcher/processor sector under NMFS under paragraph (b)(2) of this

§ 679.21(f)(8)(i)(C) at the time of a Ber- section. ing Sea pollock landing. (2) AFA standard price—(i) General. sfrattini on LAPJZKW1R2 with $$_JOB (iii) The person designated as the rep- Each year the Regional Administrator resentative of the AFA mothership co- will publish the AFA standard price in 810 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00820 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 Fishery Conservation and Management § 679.66 the FEDERAL REGISTER by December 1 (ii) Methodology. NMFS will use the of the year in which the landings were following equations to determine the made. The AFA standard price will be AFA fee percentage: 100 × DPC/V, described in U.S. dollars per AFA pol- where: lock equivalent pound for Bering Sea (A) DPC = the direct program costs pollock landings made by AFA cooper- for the directed AFA pollock fisheries ative or AFA sector members during for the most recent fiscal year (October the current calendar year. 1 through September 30) with any ad- (ii) Effective duration. The AFA stand- justments to the account from pay- ard price published by NMFS shall ments received in the previous year. apply to all Bering Sea pollock land- (B) V = total of the standard ex-ves- ings made by an AFA cooperative or sel value of the catch subject to the AFA sector member during the current AFA fee liability for the current year. calendar year. (iii) Direct program costs will be cal- (iii) Determination. NMFS will cal- culated separately for: culate the AFA standard price to re- (A) AFA inshore cooperatives; flect, as closely as possible, the stand- (B) The AFA catcher/processor sec- ard price of Bering Sea pollock land- tor; and ings based on information provided in (C) The AFA mothership cooperative. the COAR for the previous year, as de- (3) Publication—(i) General. NMFS scribed in § 679.5(p). The Regional Ad- will calculate and announce the AFA ministrator will base the AFA standard fee percentages in a FEDERAL REGISTER price on the following information: notice by December 1 of the year in (A) Landed pounds of Bering Sea pol- which the Bering Sea pollock landings lock; were made. AFA fee percentages will be (B) Total ex-vessel value of Bering calculated separately for the AFA Sea pollock; and inshore cooperatives, the AFA catcher/ processor sector, and the AFA (C) Price adjustments, including ret- mothership cooperative. NMFS will roactive payments. calculate the AFA fee percentages (c) AFA fee percentages—(1) Estab- based on the calculations described in lished percentages. The AFA fee percent- paragraph (c)(2) of this section. ages are the amounts as determined by (ii) Effective period. NMFS will apply the factors and methodology described the calculated AFA fee percentages to in paragraph (c)(2) of this section. all Bering Sea directed pollock land- These amounts will be announced by ings made between January 1 and De- publication in the FEDERAL REGISTER cember 31 of the current year. in accordance with paragraph (c)(3) of (4) Applicable percentage. A designated this section. These amounts must not representative must use the AFA fee exceed 3.0 percent pursuant to 16 U.S.C. percentage applicable at the time a 1854(d)(2)(B). Bering Sea directed pollock landing is (2) Calculating fee percentage value. debited from an AFA pollock fishery Each year NMFS will calculate and allocation to calculate the AFA fee li- publish AFA fee percentages for AFA ability for any retroactive payments inshore cooperatives, the AFA catcher/ for that landing. processor sector, and the AFA (5) Fee liability determination. (i) Each mothership cooperative according to AFA inshore cooperative, the AFA the following factors and methodology: mothership cooperative, and the AFA (i) Factors. NMFS will use the fol- catcher/processor sector will be subject lowing factors to determine the fee per- to an AFA fee liability for any Bering centages: Sea pollock debited from its AFA pol- (A) The catch to which the AFA pol- lock fishery allocation during a cal- lock cost recovery fee will apply; endar year. (B) The ex-vessel value of that catch; (ii) The AFA fee liability assessed to and an AFA inshore cooperative will be (C) The costs directly related to the based on the proportion of the AFA fee management, data collection, and en- liability of Bering Sea pollock debited sfrattini on LAPJZKW1R2 with $$_JOB forcement of the AFA directed pollock from that AFA inshore cooperative’s fisheries. AFA pollock fishery allocation relative 811 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00821 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31

§ 679.67 50 CFR Ch. VI (10–1–22 Edition) to all AFA inshore cooperatives during thereafter, may send an IAD to the des- a calendar year as determined by ignated representative stating that the NMFS. estimated fee liability, based on the in- (iii) The AFA fee liability assessed to formation submitted by the designated the AFA catcher/processor sector will representative, is the AFA fee liability be based on the standard ex-vessel due from the designated representa- value of Bering Sea pollock debited tive. from the sector’s AFA pollock fishery (5) If the designated representative allocation during a calendar year as de- fails to submit full payment for the termined by NMFS. AFA fee liability by the date described (iv) The AFA fee liability assessed to at paragraph (a)(4) of this section, the the AFA mothership cooperative will Regional Administrator will not issue be based on the proportion of the a Bering Sea pollock allocation to that standard ex-vessel value of Bering Sea AFA cooperative or AFA sector for the pollock debited from the cooperative’s following calendar year, except as pro- AFA pollock fishery allocation during vided in paragraph (d)(3) of this sec- a calendar year as determined by tion. NMFS. (6) Upon final agency action deter- (v) NMFS will provide a fee liability mining that the designated representa- summary letter to each designated rep- tive has not submitted the AFA fee li- resentative by December 1 of each ability payment, the Regional Admin- year. The summary will explain the istrator may continue to not issue a AFA fee liability determination includ- Bering Sea pollock allocation for that ing the current fee percentage and de- AFA cooperative or AFA sector for any tails of Bering Sea pollock pounds deb- subsequent calendar years until NMFS ited from the AFA pollock fishery allo- receives the unpaid fees. If payment is cation by permit, species, date, and not received by the 30th day after the prices. final agency action, the agency may (d) Underpayment of fee liability—(1) pursue collection of the unpaid fees. No AFA inshore cooperative will re- (e) Over payment. Upon issuance of ceive its AFA pollock fishery alloca- final agency action, payment sub- tion until the cooperative’s designated mitted to NMFS in excess of the AFA representative submits full payment of fee liability determined to be due by the cooperative’s AFA fee liability. the final agency action will be returned (2) The AFA mothership cooperative to the designated representative unless will not receive its AFA pollock fishery the designated representative requests allocation until the cooperative’s des- the agency to credit the excess amount ignated representative submits full against a cooperative’s or sector’s fu- payment of that cooperative’s AFA fee ture AFA fee liability. liability. (f) Appeals. The designated represent- (3) The AFA catcher/processor sector ative who receives an IAD for incom- will not receive its Bering Sea pollock plete payment of an AFA fee liability allocation until the entity’s designated may appeal under the appeals proce- representative defined at dures set out at 15 CFR part 906.

§ 679.21(f)(8)(i)(C) submits full payment (g) Annual report. Each year, NMFS of the AFA fee liability at the time of will publish a report describing the a Bering Sea pollock landing, except AFA Cost Recovery Fee Program. the Regional Administrator may re- lease to the AFA catcher/processor sec- [81 FR 168, Jan. 5, 2016] tor a portion of the AFA catcher/proc- essor sector’s Bering Sea pollock allo- § 679.67 Aleutian Islands pollock cost cation that is equal to the portion of recovery. the fee liability submitted by the enti- (a) Cost recovery fee program for Aleu- ty’s designated representative. tian Islands pollock—(1) Representative. (4) If the designated representative The person identified as the represent- fails to submit full payment for the ative, designated by the Aleut Corpora- AFA fee liability by the date described tion, at the time of an Aleutian Islands sfrattini on LAPJZKW1R2 with $$_JOB in paragraph (a)(4) of this section, the pollock landing is responsible for sub- Regional Administrator, at any time mitting all cost recovery fees. 812 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00822 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 Fishery Conservation and Management § 679.67 (2) Fee collection. The designated rep- (iii) Determination. NMFS will cal- resentative (as identified under para- culate the Aleutian Islands pollock graph (a)(1) of this section) is respon- standard price to reflect, as closely as sible for submitting the cost recovery possible, the standard price of Aleutian payment for all Aleutian Islands pol- Islands pollock landings based on infor- lock landings made under the author- mation provided in the COAR for the ity of Aleut Corporation. previous year, as described in § 679.5(p). (3) Payment—(i) Payment due date. The Regional Administrator will base The designated representative (as iden- Aleutian Islands pollock standard price tified under paragraph (a)(1) of this on the following information: section) must submit all cost recovery (A) Landed pounds of Aleutian Is- fee payment(s) to NMFS at the address lands pollock; provided in paragraph (a)(3)(iii) of this (B) Total ex-vessel value of Aleutian section no later than December 31 of Islands pollock; and the calendar year in which the Aleu- (C) Price adjustments, including ret- tian Islands pollock landings were roactive payments. made. (c) Aleutian Islands pollock fee percent- (ii) Payment recipient. Make elec- age—(1) Established percentage. The tronic payment payable to NMFS. Aleutian Islands pollock fee percentage (iii) Payment address. Submit pay- is the amount as determined by the ment and related documents as in- factors and methodology described in structed on the fee submission form. paragraph (c)(2) of this section. This Payments must be made electronically amount will be announced by publica- through the NMFS Alaska Region Web tion in the FEDERAL REGISTER in ac- site at http://alaskafisheries.noaa.gov. In- cordance with paragraph (c)(3) of this structions for electronic payment will section. This amount must not exceed be made available on both the payment 3.0 percent pursuant to 16 U.S.C. Web site and a fee liability summary 1854(d)(2)(B). letter mailed to the designated rep- (2) Calculating fee percentage value. resentative of the Aleut Corporation. Each year NMFS will calculate and (iv) Payment method. Payment must publish the fee percentage according to be made electronically in U.S. dollars the following factors and methodology: by automated clearing house, credit (i) Factors. NMFS will use the fol- card, or electronic check drawn on a lowing factors to determine the fee per- U.S. bank account. centage: (b) Aleutian Islands pollock standard ex-vessel value determination and use—(1) (A) The catch to which the Aleutian General. The designated representative Islands pollock cost recovery fee will of the Aleut Corporation must use the apply; Aleutian Islands pollock standard price (B) The ex-vessel value of that catch; determined by NMFS under paragraph and (b)(2) of this section. (C) The costs directly related to the (2) Aleutian Islands pollock standard management, data collection, and en- price—(i) General. Each year the Re- forcement of the Aleutian Islands di- gional Administrator will publish the rected pollock fishery. Aleutian Islands pollock standard price (ii) Methodology. NMFS will use the in the FEDERAL REGISTER by December following equations to determine the 1 of the year in which the landings fee percentage: 100 × DPC/V, where: were made. The Aleutian Islands pol- (A) DPC = the direct program costs lock standard price will be described in for the Aleutian Islands directed pol- U.S. dollars per Aleutian Islands pol- lock fishery for the most recent fiscal lock equivalent pound for Aleutian Is- year (October 1 through September 30) lands pollock landings during the cur- with any adjustments to the account rent calendar year. from payments received in the previous (ii) Effective duration. The Aleutian year. Islands pollock standard price pub- (B) V = total of the standard ex-ves- lished by NMFS shall apply to all Aleu- sel value of the catch subject to the sfrattini on LAPJZKW1R2 with $$_JOB tian Islands pollock landings during Aleutian Islands pollock fee liability the current calendar year. for the current year. 813 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00823 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31

§ 679.80 50 CFR Ch. VI (10–1–22 Edition) (3) Publication—(i) General. NMFS ative, is the Aleutian Islands pollock will calculate and announce the fee fee liability due from the Aleut Cor- percentage in a FEDERAL REGISTER no- poration. tice by December 1 of the year in which (3) If the Aleut Corporation’s des- the Aleutian Islands pollock landings ignated representative fails to submit were made. NMFS will calculate the full payment by the Aleutian Islands Aleutian Islands pollock fee percentage pollock fee liability payment deadline based on the calculations described in described at paragraph (a)(3) of this paragraph (c)(2) of this section. section, the Regional Administrator (ii) Effective period. NMFS will apply will not issue the Aleutian Islands di- the calculated Aleutian Islands pollock rected pollock fishery allocation to the fee percentage to all Aleutian Islands Aleut Corporation for that calendar pollock landings made between Janu- year. ary 1 and December 31 of the current (4) Upon final agency action deter- year. mining that the Aleut Corporation has (4) Applicable percentage. The des- not paid its Aleutian Islands pollock ignated representative must use the fee liability, the Regional Adminis- Aleutian Islands pollock fee percentage trator may continue to not issue the applicable at the time an Aleutian Is- Aleutian Islands directed pollock fish- lands pollock landing is debited from ery allocation for any subsequent cal- the Aleutian Islands directed pollock endar years until NMFS receives the fishery allocation to calculate the unpaid fees. If payment is not received Aleutian Islands pollock fee liability by the 30th day after the final agency for any retroactive payments for that action, the agency may pursue collec- pollock. tion of the unpaid fees. (5) Fee liability determination. (i) The (e) Over payment. Upon issuance of Aleut Corporation will be subject to a final agency action, payment sub- fee for any Aleutian Islands pollock mitted to NMFS in excess of the Aleu- debited from the Aleutian Islands di- tian Islands pollock fee liability deter- rected pollock fishery allocation dur- mined to be due by the final agency ac- ing a calendar year. (ii) NMFS will provide a fee liability tion will be returned to the Aleut Cor- summary letter to the Aleut Corpora- poration unless its designated rep- tion by December 1 of each year. The resentative requests the agency to summary will explain the fee liability credit the excess amount against the determination including the current cooperative’s future Aleutian Islands fee percentage, and details of Aleutian pollock fee liability. Islands pollock pounds debited from (f) Appeals. A representative of the the Aleutian Islands directed pollock Aleut Corporation who receives an IAD fishery allocation by permit, species, for incomplete payment of an Aleutian date, and prices. Islands pollock fee may appeal under (d) Underpayment of fee liability—(1) the appeals procedures set out at 15 The Aleut Corporation will not receive CFR part 906. its Aleutian Islands directed pollock (g) Annual report. Each year, NMFS fishery allocation until the Aleut Cor- will publish a report describing the poration’s designated representative Aleutian Islands Pollock Cost Recov- submits full payment of the Aleut Cor- ery Fee Program. poration’s cost recovery fee liability. [81 FR 170, Jan. 5, 2016] (2) If the Aleut Corporation’s des- ignated representative fails to submit full payment for Aleutian Islands pol- Subpart G—Rockfish Program lock fee liability by the date described in paragraph (a)(3) of this section, the SOURCE: 76 FR 81277, Dec. 27, 2011, unless Regional Administrator may at any otherwise noted. time thereafter send an IAD to the Aleut Corporation’s designated rep- § 679.80 Allocation and transfer of resentative stating that the estimated rockfish QS. sfrattini on LAPJZKW1R2 with $$_JOB fee liability, based on the information Additional regulations that imple- submitted by the designated represent- ment specific portions of the Rockfish 814 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00824 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31