50 CFR § 679.1-679.9 - Fisheries of the Exclusive Economic Zone off Alaska - General

511 Fishery Conservation and Management § 679.1 EXEMPT AFA CATCHER VESSELS IS PRO HIBITED TABLE 56 TO PART 679—GOA SPECIES AND SPECIES GROUPS FOR WHICH DIRECTED FISHING FOR SIDEBOARD LIMITS BY NON EXEMPT AFA CATCHER VESSELS IS PRO HIBITED TABLE 57 TO PART 679—GROUNDFISH LLP LI CENSES WITH BERING SEA OR ALEUTIAN IS LANDS AREA AND CATCHER/PROCESSOR OP ERATION ENDORSEMENTS ELIGIBLE FOR A BSAI PACIFIC COD TRAWL MOTHERSHIP ENDORSEMENT AUTHORITY: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 111–281. EDITORIAL NOTE: Nomenclature changes to part 679 appear at 61 FR 56438, Nov. 1, 1996; 62 FR 2047, Jan. 15, 1997; 66 FR 27909, May 21, 2001; 67 FR 79739, Dec. 30, 2002; and 77 FR 6502, Feb. 8, 2012. Subpart A—General § 679.1 Purpose and scope. Regulations in this part were devel oped by the Council under the Magnu son-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act) and the Northern Pacific Halibut Act of 1982 (Halibut Act). Along with part 600 of this chapter, these regulations imple ment the following: (a) Fishery Management Plan for Groundfish of the Gulf of Alaska. (1) Reg ulations in this part govern commer cial fishing for groundfish in the GOA by vessels of the United States (see subparts A, B, D, and E of this part). (2) The following State of Alaska reg ulations are not preempted by this part for vessels regulated under this part fishing for demersal shelf rockfish in the Southeast Outside District, and which are registered under the laws of the State of Alaska: 5 AAC 28.111, fish ing seasons; 5 AAC 28.130, gear; 5 AAC 28.160, harvest guidelines; 5 AAC 28.190, harvest of bait by commercial permit holders. (b) Fishery Management Plan for Groundfish of the Bering Sea and Aleu tian Islands Management Area. Regula tions in this part govern commercial fishing for groundfish in the BSAI by vessels of the United States (see sub parts A, B, C, D, and E of this part). (c) [Reserved] (d) IFQ Program for sablefish and hal ibut. The IFQ management measures for the commercial fisheries that use fixed gear to harvest sablefish and hal ibut (see subparts A, B, D, and E of this part). (1) Sablefish. (i) Regulations in this part govern commercial fishing for sa blefish by vessels of the United States: (A) Using fixed gear within that por tion of the GOA and the BSAI over which the United States exercises ex clusive fishery management authority; and (B) Using fixed gear in waters of the State of Alaska adjacent to the BSAI and the GOA, provided that aboard such vessels are persons who currently hold sablefish quota shares, sablefish IFQ permits, or sablefish IFQ hired master permits. (ii) Regulations in this part do not govern commercial fishing for sablefish in Prince William Sound or under a State of Alaska limited entry program. (2) Halibut. Regulations in this part govern commercial fishing for halibut by vessels of the United States using fixed gear, as that term is defined in 50 CFR 679.2, in and off of Alaska. (e) Western Alaska Community Develop ment Quota (CDQ) Program. Regulations in this part govern the Western Alaska CDQ Program (see subparts A, B, C, D, and E of this part). The purpose of the program is specified in 16 U.S.C. 1855(i)(1)(A). (f) Groundfish and Halibut Observer Program. Regulations in this part gov ern elements of the Groundfish and Halibut Observer Program. (g) Fishery Management Plan for Ber ing Sea/Aleutian Islands King and Tanner Crabs. Regulations in this part govern commercial fishing for king and Tan ner crab in the Bering Sea and Aleu tian Islands Area by vessels of the United States, and supersede State of Alaska regulations applicable to the commercial king and Tanner crab fish eries in the Bering Sea and Aleutians Islands Area EEZ that are determined to be inconsistent with the FMP (see subpart A, B, and E of this part). Addi tional regulations governing commer cial fishing for, and processing of, king and Tanner crab managed pursuant to section 313(j) of the Magnuson-Stevens Act and the Crab Rationalization Pro gram are codified at 50 CFR part 680. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00521 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 512 50 CFR Ch. VI (10–1–22 Edition) § 679.2 (h) Fishery Management Plan for the Scallop Fishery off Alaska. (1) Regula tions in this part govern commercial fishing for scallops in the Federal waters off Alaska by vessels of the United States (see subpart A of this part). (2) State of Alaska laws and regula tions that are consistent with the FMP and with the regulations in this part apply to vessels of the United States that are fishing for scallops in the Fed eral waters off Alaska. (i) Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska (Salmon FMP)—(1) Regulations in this part govern commercial fishing for salmon by fishing vessels of the United States in the West Area of the Salmon Management Area. (2) State of Alaska laws and regula tions that are consistent with the Salmon FMP and with the regulations in this part apply to vessels of the United States that are commercial and sport fishing for salmon in the East Area of the Salmon Management Area. (j) License Limitation Program (LLP). (1) Regulations in this part implement the LLP for the commercial groundfish fisheries in the EEZ off Alaska and the LLP for the commercial crab fisheries in the Bering Sea and Aleutians Islands Area. (2) Regulations in this part govern the commercial fishing for groundfish under the LLP by vessels of the United States using authorized gear within the GOA and the Bering Sea and Aleu tians Islands Area and the commercial fishing for crab species under the LLP by vessels of the United States using authorized gear within the Bering Sea and Aleutians Islands Area. (k) American Fisheries Act and AI di rected pollock fishery measures. Regula tions in this part were developed by NMFS and the Council under the Mag nuson-Stevens Act, the American Fish eries Act (AFA), and the Consolidated Appropriations Act of 2004 to govern commercial fishing for BSAI pollock according to the requirements of the AFA and the Consolidated Appropria tions Act of 2004. This part also governs payment and collection of the loan, under the AFA, the Magnuson-Stevens Act, and Title XI of the Merchant Ma rine Act, 1936, made to all those per sons who harvest pollock from the di rected fishing allowance allocated to the inshore component under section 206(b)(1) of the AFA. (l) Fishery Management Plan for Fish Resources of the Arctic Management Area. Regulations in this part govern commercial fishing for Arctic fish in the Arctic Management Area by vessels of the United States (see this subpart and subpart B of this part). [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.2 Definitions. In addition to the definitions in the Magnuson-Stevens Act and in part 600 of this chapter, the terms used in this part have the following meanings: ABC reserve means, for purposes of flathead sole, rock sole, and yellowfin sole in the BSAI, an amount, not to ex ceed the ABC surplus, that may be re duced for social, economic, or ecologi cal considerations according to § 679.20(b)(1)(iii). ABC surplus means, for purposes of flathead sole, rock sole, and yellowfin sole in the BSAI, the difference be tween each species’ annual ABC and TAC. Active/inactive periods means for longline or pot gear catcher vessel, see § 679.5(c)(3)(iv)(A)(1); for longline or pot gear catcher/processor, see § 679.5(c)(3)(iv)(B)(1); for trawl gear catcher vessel, see § 679.5(c)(4)(iv)(A)(1); for trawl gear catcher/processor, see § 679.5(c)(4)(iv)(B)(1); for shoreside proc essor or SFP, see § 679.5(c)(5)(ii); for mothership, see § 679.5(c)(6)(iv). Adequate evidence, for purposes of subpart E of this part, means informa tion sufficient to support the reason able belief that a particular act or omission has occurred. ADF&G means the State of Alaska Department of Fish and Game. ADF&G fish ticket number means a nine-digit number designated by one alphabet letter (i.e., G = groundfish), two numbers that identify the year (i.e., 98), followed by six numbers. ADF&G processor code means State of Alaska Department of Fish & Game VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00522 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 513 Fishery Conservation and Management § 679.2 (ADF&G) Intent to operate processor license number (example: F12345). AFA catcher/processor means: (1) For purposes of BS pollock and all BSAI groundfish fisheries other than Atka mackerel, flathead sole, Green land turbot, Pacific cod, Pacific ocean perch, rock sole, and yellowfin sole, a catcher/processor that is permitted to harvest BS pollock under § 679.4(l)(2). (2) For purposes of BSAI Atka mack erel, flathead sole, Greenland turbot, Pacific cod, Pacific ocean perch, rock sole, and yellowfin sole, a catcher/proc essor that is permitted to harvest BS pollock and that is listed under § 679.4(l)(2)(i). AFA catcher vessel means a catcher vessel permitted to harvest BS pollock under § 679.4(l)(3). AFA crab processing facility means a processing plant, catcher/processor, mothership, floating processor or any other operation that processes any FMP species of BSAI crab, and that is affiliated with an AFA entity that processes pollock harvested by a catch er vessel cooperative operating in the inshore or mothership sectors of the BS pollock fishery. AFA entity means a group of affili ated individuals, corporations, or other business concerns, except for a CDQ group, that harvests or processes pol lock in the BS directed pollock fishery. AFA fee liability means the amount of money for Bering Sea pollock cost re covery, in U.S. dollars, owed to NMFS by an AFA cooperative or AFA sector as determined by multiplying the ap propriate AFA standard ex-vessel value of landed Bering Sea pollock by the ap propriate AFA fee percentage. AFA fee percentage means that posi tive number no greater than 3 percent (0.03) determined by the Regional Ad ministrator and established for use in calculating the AFA fee liability for an AFA cooperative or AFA sector. AFA inshore processor means a shore side processor or stationary floating processor permitted to process BS pol lock under § 679.4(l)(5). AFA mothership means a mothership permitted to process BS pollock under § 679.4(l)(4). AFA pollock equivalent pounds means the weight recorded in pounds for land ed AFA pollock and calculated as round weight. AFA rebuilt vessel means an AFA ves sel that was rebuilt after October 15, 2010. AFA replacement vessel means a vessel that NMFS designated on an AFA per mit pursuant to § 679.4(l)(7) after Octo ber 15, 2010. AFA standard ex-vessel value means the total U.S. dollar amount of landed Bering Sea pollock as calculated by multiplying the number of landed pounds of Bering Sea pollock by the ap propriate AFA standard price deter mined by the Regional Administrator. AFA standard price means the price, in U.S. dollars, for landed Bering Sea pollock, in AFA pollock equivalent pounds, as determined by the Regional Administrator. AFA vessel means a vessel that is des ignated on an AFA catcher vessel per mit, an AFA catcher/processor permit, or an AFA mothership permit, and is thereby authorized to participate in the Bering Sea directed pollock fish ery. Affiliates, for purposes of subparts E and H to this part, means business con cerns, organizations, or individuals are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or a third party controls or has the power to control both. Indicators of control include, but are not limited to: Inter locking management or ownership; identity of interests among family members; shared facilities and equip ment; common use of employees; or a business entity organized following the decertification, suspension, or proposed decertification of an observer provider that has the same or similar manage ment, ownership, or principal employ ees as the observer provider that was decertified, suspended, or proposed for decertification. Affiliation for the purpose of defining AFA and the Rockfish Program means a relationship between two or more indi viduals, corporations, or other business concerns, except CDQ groups, in which one concern directly or indirectly owns a 10 percent or greater interest in an other, exerts control over another, or VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00523 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 514 50 CFR Ch. VI (10–1–22 Edition) § 679.2 has the power to exert control over an other; or a third individual, corpora tion, or other business concern directly or indirectly owns a 10 percent or greater interest in both, exerts control over both, or has the power to exert control over both. (1) What is 10 percent or greater owner ship? For the purpose of determining affiliation, 10 percent or greater owner ship is deemed to exist if an individual, corporation, or other business concern directly or indirectly owns 10 percent or greater interest in a second corpora tion or other business concern. (2) What is an indirect interest? An in direct interest is one that passes through one or more intermediate enti ties. An entity’s percentage of indirect interest in a second entity is equal to the entity’s percentage of direct inter est in an intermediate entity multi plied by the intermediate entity’s di rect or indirect interest in the second entity. (3) What is control? For the purpose of determining affiliation, control is deemed to exist if an individual, cor poration, or other business concern has any of the following relationships or forms of control over another indi vidual, corporation, or other business concern: (i) Controls 10 percent or more of the voting stock of another corporation or business concern; (ii) Has the authority to direct the business of the entity that owns the fishing vessel or processor. The author ity to direct the business of the entity does not include the right to simply participate in the direction of the busi ness activities of an entity that owns a fishing vessel or processor; (iii) Has the authority in the ordi nary course of business to limit the ac tions of or to replace the chief execu tive officer, a majority of the board of directors, any general partner or any person serving in a management capac ity of an entity that holds 10 percent or greater interest in a fishing vessel or processor. Standard rights of minority shareholders to restrict the actions of the entity are not included in this defi nition of control provided they are un related to day-to-day business activi ties. These rights include provisions to require the consent of the minority shareholder to sell all or substantially all the assets, to enter into a different business, to contract with the major investors or their affiliates, or to guar antee the obligations of majority in vestors or their affiliates; (iv) Has the authority to direct the transfer, operation, or manning of a fishing vessel or processor. The author ity to direct the transfer, operation, or manning of a vessel or processor does not include the right to simply partici pate in such activities; (v) Has the authority to control the management of or to be a controlling factor in the entity that holds 10 per cent or greater interest in a fishing vessel or processor; (vi) Absorbs all the costs and normal business risks associated with owner ship and operation of a fishing vessel or processor; (vii) Has the responsibility to procure insurance on the fishing vessel or proc essor, or assumes any liability in ex cess of insurance coverage; (viii) Has the authority to control a fishery cooperative through 10 percent or greater ownership or control over a majority of the vessels in the coopera tive, has the authority to appoint, re move, or limit the actions of or replace the chief executive officer of the coop erative, or has the authority to ap point, remove, or limit the actions of a majority of the board of directors of the cooperative. In such instance, all members of the cooperative are consid ered affiliates of the individual, cor poration, or other business concern that exerts control over the coopera tive; or (ix) Has the ability through any other means whatsoever to control the entity that holds 10 percent or greater interest in a fishing vessel or proc essor. Agent (1) For purposes of permits issued under § 679.4, means a person appointed and residing within the United States who may apply for permits and may otherwise act on behalf of the owner, operator, or manager of a catcher ves sel, catcher/processor, mothership, shoreside processor, stationary floating processor, buying station, tender ves sel, support vessel, or on behalf of the IFQ permit holders, IFQ registered buyers, or CDQ halibut permit holders. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00524 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 515 Fishery Conservation and Management § 679.2 (2) For purposes of groundfish product distribution under § 679.5(g), means a buyer, distributor, or shipper but not a buying station or tender vessel, who may receive and distribute groundfish on behalf of the owner, operator, and manager of a catcher/processor, mothership, shoreside processor, or stationary floating processor. (3) For purposes of IFQ recordkeeping and reporting under § 679.5(l), means a person who on behalf of the Registered Buyer may submit IFQ reports. Agent for service of process means, for purposes of § 679.21(f), a person ap pointed by the members of an AFA inshore cooperative, a CDQ group, or an entity representing the AFA catch er/processor sector or the AFA mothership sector, who is authorized to receive and respond to any legal process issued in the United States with respect to all owners and opera tors of vessels that are members of the inshore cooperative, the entity rep resenting the catcher/processor sector, the entity representing the mothership sector, or the entity representing the cooperative or a CDQ group and owners of all vessels directed fishing for pol lock CDQ on behalf of that CDQ group. AI directed pollock fishery means di rected fishing for pollock in the AI under the allocation to the Aleut Cor poration authorized at § 679.20(a)(5)(iii). Alaska local time (A.l.t.) means the time in the Alaska time zone. Alaska Seamount Habitat Protection Areas means management areas estab lished for the protection of seamount habitat areas of particular concern in the BSAI and GOA. See Table 22 to this part. Alaska State waters means waters ad jacent to the State of Alaska and shoreward of the EEZ off Alaska. Aleut Corporation means the Aleut Corporation incorporated pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). Aleut Corporation entity means a har vester or processor selected by the Aleut Corporation and approved by NMFS to harvest or process pollock in the AI directed pollock fishery. Aleutian Islands Coral Habitat Protec tion Areas means management areas es tablished for the protection of certain coral garden areas in reporting areas of the Aleutian Islands subarea and adja cent State waters. See Table 23 to this part. Aleutian Islands Habitat Conservation Area means a management area estab lished for the protection of fish habitat in reporting areas of the Aleutian Is lands subarea and adjacent State waters. See Table 24 to this part. Aleutian Islands pollock equivalent pounds means the weight recorded in pounds for landed Aleutian Islands pol lock and calculated as round weight. Aleutian Islands pollock fee liability means the amount of money for Aleu tian Islands directed pollock cost re covery, in U.S. dollars, owed to NMFS by the Aleut Corporation as deter mined by multiplying the appropriate standard ex-vessel value of its landed Aleutian Islands pollock by the appro priate Aleutian Islands pollock fee per centage. Aleutian Islands pollock fee percentage means that positive number no greater than 3 percent (0.03) determined by the Regional Administrator and estab lished for use in calculating the Aleu tian Islands pollock fee liability for the Aleut Corporation. Aleutian Islands pollock standard ex vessel value means the total U.S. dollar amount of landed Aleutian Islands pol lock as calculated by multiplying the number of landed pounds of Aleutian Islands pollock by the appropriate Aleutian Islands pollock standard price determined by the Regional Adminis trator. Aleutian Islands pollock standard price means the price, in U.S. dollars, for landed Aleutian Islands pollock, in Aleutian Islands pollock equivalent pounds, as determined by the Regional Administrator. Aleutian Islands shoreplant means a processing facility that is physically located on land west of 170° W. lon gitude within the State of Alaska. Aleutian Islands Subarea (AI) of the BSAI means that portion of the EEZ contained in Statistical Areas 541, 542, and 543 (see Figure 1 to this part). American Fisheries Act (AFA) means Title II—Fisheries Subtitles I and II, as cited within the Omnibus Appropria tions Bill FY99 (Pub. L. 105–277). Amendment 80 ABC reserve means the amount of the flathead sole, rock sole, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00525 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 516 50 CFR Ch. VI (10–1–22 Edition) § 679.2 or yellowfin sole ABC reserve that re mains after designating the amount as signed to the CDQ ABC reserve and that is allocated among Amendment 80 cooperatives as calculated annually as described at § 679.91(i)(2). Amendment 80 cooperative means a group of Amendment 80 QS holders who have chosen to fish cooperatively for Amendment 80 species under the re quirements of subpart H to this part and who have applied for and received a CQ permit issued by NMFS to catch a quantity of fish expressed as a por tion of the ITAC and crab and halibut PSC limits. Amendment 80 equivalent pounds means the weight recorded in pounds for landed Amendment 80 species CQ and calculated as round weight. Amendment 80 fee liability means the amount of money for Amendment 80 cost recovery, in U.S. dollars, owed to NMFS by an Amendment 80 CQ permit holder as determined by multiplying the appropriate standard ex-vessel value of landed Amendment 80 species CQ by the appropriate Amendment 80 fee percentage. Amendment 80 fee percentage means that positive number no greater than 3 percent (0.03) determined by the Re gional Administrator and established for use in calculating the Amendment 80 fee liability for an Amendment 80 CQ permit holder. Amendment 80 fishery means an Amendment 80 cooperative or the Amendment 80 limited access fishery. Amendment 80 initial QS pool means the sum of Amendment 80 QS units es tablished for an Amendment 80 species in a management area based on the Amendment 80 official record and used for the initial allocation of Amend ment 80 QS units and use cap calcula tions as described in § 679.92(a). Amendment 80 legal landing means the total catch of Amendment 80 species in a management area in the BSAI by an Amendment 80 vessel that: (1) Was made in compliance with state and Federal regulations in effect at that time; and (2) Is recorded on a Weekly Produc tion Report from January 20, 1998, through December 31, 2004; and (3) Amendment 80 species caught while test fishing, fishing under an ex perimental, exploratory, or scientific activity permit, or fishing under the Western Alaska CDQ Program are not considered Amendment 80 legal land ings. Amendment 80 limited access fishery means the fishery conducted in the BSAI by persons with Amendment 80 QS permits, Amendment 80 LLP li censes, or Amendment 80 vessels as signed to the Amendment 80 limited access fishery. Amendment 80 LLP license means: (1) Any LLP license that is endorsed for groundfish in the Bering Sea sub area or Aleutian Islands subarea with a catcher/processor designation and that designates an Amendment 80 vessel in an approved application for Amend ment 80 QS; (2) Any LLP license that designates an Amendment 80 vessel at any time after the effective date of the Amend ment 80 Program; and (3) Any Amendment 80 LLP/QS li cense. Amendment 80 LLP/QS license means an LLP license originally assigned to an originally qualifying Amendment 80 vessel with an Amendment 80 QS per mit assigned to that LLP license. Amendment 80 mackerel QS means Atka mackerel QS derived from Amendment 80 legal landings assigned to an Amendment 80 mackerel vessel. Amendment 80 mackerel vessel means an Amendment 80 vessel that is not an Amendment 80 non-mackerel vessel. Amendment 80 non-mackerel QS means Atka mackerel QS derived from Amendment 80 legal landings assigned to an Amendment 80 non-mackerel ves sel. Amendment 80 non-mackerel vessel means an Amendment 80 vessel that is less than 200 feet in length overall and that has been used to catch less than 2.0 percent of the total Amendment 80 legal landings of BSAI Atka mackerel. Amendment 80 official record means in formation used by NMFS to determine eligibility to participate in the Amend ment 80 Program and to assign specific catch privileges to Amendment 80 QS holders. Amendment 80 Program means the Program implemented under subpart H of this part to manage Amendment 80 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00526 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 517 Fishery Conservation and Management ยง 679.2 species fisheries by limiting participa tion in these fisheries to eligible par ticipants. Amendment 80 PSC means halibut and crab PSC as described in Table 35 to this part that are allocated to the Amendment 80 sector. Amendment 80 QS holder means a per son who is issued an Amendment 80 QS permit by NMFS. Amendment 80 QS permit means a per mit issued by NMFS that designates the amount of Amendment 80 QS units derived from the Amendment 80 legal landings assigned to an Amendment 80 vessel for each Amendment 80 species in a management area. Amendment 80 QS pool means the sum of Amendment 80 QS units established for each Amendment 80 species in a management area based on the Amend ment 80 official record. Amendment 80 QS unit means a meas ure of the Amendment 80 QS pool based on Amendment 80 legal landings. Amendment 80 replacement vessel means a vessel approved by NMFS in accordance with ยง 679.4(o)(4). Amendment 80 sector means: (1) Those Amendment 80 QS holders who own Amendment 80 vessels and hold Amendment 80 LLP licenses; or (2) Those persons who hold Amend ment 80 LLP/QS licenses. Amendment 80 species means the fol lowing species in the following regu latory areas: (1) BSAI Atka mackerel; (2) Aleutian Islands Pacific ocean perch; (3) BSAI flathead sole; (4) BSAI Pacific cod; (5) BSAI rock sole; and (6) BSAI yellowfin sole. Amendment 80 standard ex-vessel value means the total U.S. dollar amount of landed Amendment 80 species CQ as calculated by multiplying the number of landed Amendment 80 equivalent pounds by the appropriate Amendment 80 standard price determined by the Regional Administrator. Amendment 80 standard price means the price, in U.S. dollars, for landed Amendment 80 species, in Amendment 80 equivalent pounds, as determined by the Regional Administrator. Amendment 80 vessel means any vessel that: (1) Is listed in Column A of Table 31 to this part with the corresponding USCG Documentation Number listed in Column B of Table 31 to this part; or (2) Is designated on an Amendment 80 QS permit, Amendment 80 LLP/QS li cense, or Amendment 80 LLP license and is approved by NMFS in accord ance with ยง 679.4(o)(4) as an Amendment 80 replacement vessel. Ancillary product (see Table 1 to this part). Appointed agent for service of process means an agent appointed by the mem bers of a fishery cooperative to serve on behalf of the cooperative. The ap pointed agent for service of process may be the owner of a vessel listed as a member of the cooperative or a reg istered agent. Arctic fish means finfish, mollusks, crustaceans, and all other forms of ma rine animal and plant life other than marine mammals, birds, Pacific salm on, and Pacific halibut. Arctic Management Area, for purposes of regulations governing the Arctic Management Area fisheries, means all marine waters in the U.S. EEZ of the Chukchi and Beaufort Seas from 3 nau tical miles off the coast of Alaska or its baseline to 200 nautical miles off shore, north of Bering Strait (from Cape Prince of Wales to Cape Dezhneva) and westward to the 1990 U.S./Russia maritime boundary line and eastward to the U.S./Canada mari time boundary (see Figure 24 to this part). Area endorsement means (for purposes of groundfish LLP) a designation on a license that authorizes a license holder to deploy a vessel to conduct directed fishing for license limitation ground fish in the designated area, subarea, or district. Area endorsements, which are inclusive of, but not necessarily the same as, management areas, subareas, or districts defined in this part, are as follows: (1) Aleutian Islands area endorse ment. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation ground fish in the Aleutian Islands Subarea; (2) Bering Sea area endorsement. Au thorizes the license holder to deploy a vessel to conduct directed fishing for VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00527 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 518 50 CFR Ch. VI (10–1–22 Edition) § 679.2 license limitation groundfish in the Bering Sea Subarea; (3) Central Gulf area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Central GOA regulatory area and the West Yakutat District; (4) Southeast Outside area endorse ment. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation ground fish in the Southeast Outside District; and (5) Western Gulf area endorsement. Authorizes the license holder to deploy a vessel to conduct directed fishing for license limitation groundfish in the Western GOA regulatory area. Area/species endorsement means (for purposes of LLP) a designation on a li cense that authorizes a license holder to deploy a vessel to conduct directed fishing for the designated crab species in Federal waters in the designated area (see Figures 16 and 17 to this part). Area/species endorsements for crab spe cies licenses are as follows: (1) Aleutian Islands brown king in waters with an eastern boundary the longitude of Scotch Cap Light (164°44′ W. long.), a western boundary of the U.S.-Russian Convention Line of 1867, and a northern boundary of a line from the latitude of Cape Sarichef (54°36′ N. lat.) westward to 171° W. long., then north to 55°30′ N. lat., then west to the U.S.-Russian Convention line of 1867. (2) Aleutian Islands red king in waters with an eastern boundary the longitude of Scotch Cap Light (164°44′ W. long.), a western boundary of the U.S.-Russian Convention Line of 1867, and a northern boundary of a line from the latitude of Cape Sarichef (54°36′ N. lat.) westward to 171° W. long., then north to 55°30′ N. lat., and then west to the U.S.-Russian Convention line of 1867. (3) Bristol Bay red king in waters with a northern boundary of 58°39′ N. lat., a southern boundary of 54°36′ N. lat., and a western boundary of 168° W. long. and including all waters of Bris tol Bay. (4) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi in Pacific Ocean and Bering Sea waters east of the U.S.-Russian Convention Line of 1867, excluding all Pacific Ocean waters east of a boundary line extending south (180°) from Scotch Cap Light. (5) Norton Sound red king and Norton Sound blue king in waters with a west ern boundary of 168° W. long., a south ern boundary of 61°49′ N. lat., and a northern boundary of 65°36′ N. lat. (6) Pribilof red king and Pribilof blue king in waters with a northern bound ary of 58°39′ N. lat., an eastern bound ary of 168° W. long., a southern bound ary line from 54°36′ N. lat., 168° W. long., to 54°36′ N. lat., 171° W. long., to 55°30′ N. lat., 171° W. long., to 55°30′ N. lat., 173°30′ E. lat., and then westward to the U.S.-Russian Convention line of 1867. (7) St. Matthew blue king in waters with a northern boundary of 61°49′ N. lat., a southern boundary of 58°39′ N. lat., and a western boundary of the U.S.-Russian Convention line of 1867. Associated processor means: (1) Relationship with a buying station or tender vessel. A mothership or catch er/processor issued an FFP, or a shore side processor or SFP issued an FPP, with a contractual relationship with a buying station or tender vessel to con duct groundfish buying station or ten der vessel activities for that processor. (2) Relationship with a custom proc essor. A mothership or catcher/proc essor issued an FFP or a shoreside processor or SFP issued an FPP, with a contractual relationship with a custom processor to process groundfish on its behalf. At-sea operation means, for purposes of eLandings, a catcher/processor or mothership that is receiving and/or processing fish in State waters and/or in waters of the EEZ off the coast of Alaska. Authorized distributor means a tax-ex empt organization authorized by NMFS to coordinate the processing, storage, transportation, and distribution of salmon taken as incidental catch in the groundfish trawl fisheries to tax exempt hunger relief agencies, food bank networks, and food bank distribu tors (see § 679.26, Prohibited Species Do nation Program). Authorized fishing gear (see also § 679.24 for gear limitations and Table 15 to this part for gear codes) means VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00528 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 519 Fishery Conservation and Management § 679.2 trawl gear, fixed gear, longline gear, pot gear, and nontrawl gear as follows: (1) Bottom contact gear means non pelagic trawl, dredge, dinglebar, pot, or hook-and-line gear. (2) Dinglebar gear means one or more lines retrieved and set with a troll gurdy or hand troll gurdy, with a ter minally attached weight from which one or more leaders with one or more lures or baited hooks are pulled through the water while a vessel is making way. (3) Dredge means a dredge-like device designed specifically for and capable of taking scallops by being towed along the ocean floor. (4) Fixed gear means: (i) For sablefish harvested from any GOA reporting area, all longline gear, longline pot gear, and, for purposes of determining initial IFQ allocation, all pot gear used to make a legal landing. (ii) For sablefish harvested from any BSAI reporting area, all hook-and-line gear and all pot gear. (iii) For halibut harvested from any IFQ regulatory area, all fishing gear composed of lines with hooks attached, including one or more stationary, buoyed, and anchored lines with hooks attached. (iv) For halibut harvested from any GOA reporting area, all longline pot gear, if the vessel operator is fishing for IFQ sablefish in accordance with § 679.42(l). (v) For halibut harvested from any IFQ regulatory area in the BSAI, all pot gear, if the vessel operator is fish ing for IFQ or CDQ halibut in accord ance with § 679.42. (5) Hand troll gear means one or more lines, with lures or hooks attached, drawn through the water behind a mov ing vessel, and retrieved by hand or hand-cranked reels or gurdies and not by any electrically, hydraulically, or mechanically powered device or at tachment. (6) Handline gear means a hand-held line, with one or more hooks attached, that may only be operated manually. (7) Hook-and-line gear means a sta tionary, buoyed, and anchored line with hooks attached, or the taking of fish by means of such a device. (8) Jig gear means a single, non buoyed, non-anchored line with hooks attached, or the taking of fish by means of such a device. (9) Longline gear means hook-and line, jig, troll, and handline or the tak ing of fish by means of such a device. (10) Longline pot means a stationary, buoyed, and anchored line with two or more pots attached, or the taking of fish by means of such a device. (11) Mobile bottom contact gear means nonpelagic trawl, dredge, or dinglebar gear. (12) Nonpelagic trawl means a trawl other than a pelagic trawl. (13) Nontrawl gear means pot and longline gear. (14) Pelagic trawl gear means a trawl that: (i) Has no discs, bobbins, or rollers; (ii) Has no chafe protection gear at tached to the footrope or fishing line; (iii) Except for the small mesh al lowed under paragraph (14)(ix) of this definition: (A) Has no mesh tied to the fishing line, headrope, and breast lines with less than 20 inches (50.8 cm) between knots and has no stretched mesh size of less than 60 inches (152.4 cm) aft from all points on the fishing line, headrope, and breast lines and extending passed the fishing circle for a distance equal to or greater than one half the vessel’s LOA; or (B) Has no parallel lines spaced closer than 64 inches (162.6 cm) from all points on the fishing line, headrope, and breast lines and extending aft to a section of mesh, with no stretched mesh size of less than 60 inches (152.4 cm) extending aft for a distance equal to or greater than one-half the vessel’s LOA; (iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft of the mesh described in paragraph (14)(iii) of this definition for a distance equal to or greater than one-half the vessel’s LOA; (v) Contains no configuration in tended to reduce the stretched mesh sizes described in paragraphs (14)(iii) and (iv) of this definition; (vi) Has no flotation other than floats capable of providing up to 200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder device; (vii) Has no more than one fishing line and one footrope for a total of no more than two weighted lines on the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00529 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 520 50 CFR Ch. VI (10–1–22 Edition) § 679.2 bottom of the trawl between the wing tip and the fishing circle; (viii) Has no metallic component ex cept for connectors (e.g., hammerlocks or swivels) or a net-sounder device aft of the fishing circle and forward of any mesh greater than 5.5 inches (14.0 cm) stretched measure; (ix) May have small mesh within 32 ft (9.8 m) of the center of the headrope as needed for attaching instrumentation (e.g., net-sounder device); and (x) May have weights on the wing tips. (15) Pot gear means a portable struc ture designed and constructed to cap ture and retain fish alive in the water. This gear type includes longline pot and pot-and-line gear. Each groundfish pot must comply with the following: (i) Biodegradable panel. Each pot used to fish for groundfish must be equipped with a biodegradable panel at least 18 inches (45.72 cm) in length that is par allel to, and within 6 inches (15.24 cm) of, the bottom of the pot, and that is sewn up with untreated cotton thread of no larger size than No. 30. (ii) Tunnel opening. Each pot used to fish for groundfish must be equipped with rigid tunnel openings that are no wider than 9 inches (22.86 cm) and no higher than 9 inches (22.86 cm), or soft tunnel openings with dimensions that are no wider than 9 inches (22.86 cm). (iii) Halibut retention exception. If re quired to retain halibut when har vesting halibut from any IFQ regu latory area in the BSAI, vessel opera tors are exempt from requirements to comply with a tunnel opening for pots when fishing for IFQ or CDQ halibut or IFQ or CDQ sablefish in accordance with § 679.42(m). (16) Pot-and-line gear means a sta tionary, buoyed line with a single pot attached, or the taking of fish by means of such a device. (17) Power troll gear means one or more lines, with hooks or lures at tached, drawn through the water be hind a moving vessel, and originating from a power gurdy or power-driven spool fastened to the vessel, the exten sion or retraction of which is directly to the gurdy or spool. (18) Trawl gear means a cone or fun nel-shaped net that is towed through the water by one or more vessels. For purposes of this part, this definition in cludes, but is not limited to, beam trawls (trawl with a fixed net opening utilizing a wood or metal beam), otter trawls (trawl with a net opening con trolled by devices commonly called otter doors), and pair trawls (trawl dragged between two vessels) and is further described as pelagic or non pelagic trawl. (19) Troll gear means one or more lines with hooks or lures attached drawn through the water behind a mov ing vessel. This gear type includes hand troll and power troll gear and dinglebar gear. (20) Snap gear means a type of hook and-line gear where the hook and gangion are attached to the groundline using a mechanical fastener or snap. Authorized officer means: (1) Any commissioned, warrant, or petty officer of the USCG; (2) Any special agent or fishery en forcement officer of NMFS; (3) Any officer designated by the head of any Federal or state agency that has entered into an agreement with the Secretary and the Commandant of the USCG to enforce the provisions of the Magnuson-Stevens Act or any other statute administered by NOAA; or (4) Any USCG personnel accom panying and acting under the direction of any person described in paragraph (1) of this definition. Basis species means any species or species group that is open to directed fishing that the vessel is authorized to harvest (see Tables 10, 11, and 30 to this part). Bering Sea and Aleutian Islands Area, for purposes of regulations governing the commercial king and Tanner crab fisheries in part 680 of this Chapter, means those waters of the EEZ off the west coast of Alaska lying south of the Chukchi Sea statistical area as de scribed in the coordinates listed for Figure 1 to this part, and extending south of the Aleutian Islands for 200 nm west of Scotch Cap Light (164°44′36″ W. long). Bering Sea and Aleutian Islands Man agement Area (BSAI), for purposes of regulations governing the groundfish fisheries, means the Bering Sea and Aleutian Islands subareas (see Figure 1 to this part). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00530 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 521 Fishery Conservation and Management § 679.2 Bering Sea Habitat Conservation Area means a habitat protection area speci fied at Table 42 and Figure 16 to this part. Bering Sea Subarea of the BSAI means that portion of the EEZ contained in Statistical Areas 508, 509, 512, 513, 514, 516, 517, 518, 519, 521, 523, 524, and 530 (see Figure 1 to this part). Bled codend means a form of discard by vessels using trawl gear wherein some or all of the fish are emptied into the sea from the net before fish are brought fully on board. Blind data means any data collected from an economic data report by the data collection agent that are subse quently amended by removing personal identifiers, including, but not limited to social security numbers, crew per mit numbers, names and addresses, Federal fisheries permit numbers, Fed eral processor permit numbers, Federal tax identification numbers, and State of Alaska vessel registration and per mit numbers, and by adding in their place a nonspecific identifier. Bogoslof District means that part of the Bering Sea Subarea contained in Statistical Area 518 (see Figure 1 to this part). Bowers Ridge Habitat Conservation Zone means a management area estab lished for the protection of the Bowers Ridge and Ulm Plateau habitat areas of particular concern in the BSAI. See Table 25 to this part. Breast line means the rope or wire running along the forward edges of the side panels of a net, or along the for ward edge of the side rope in a rope trawl. Briefing means a short (usually 2-4 day) training session that observers must complete to fulfill endorsement requirements. BSAI trawl limited access sector means fisheries conducted in the BSAI by per sons using trawl gear and who are not: (1) Using an Amendment 80 vessel or an Amendment 80 LLP license; or (2) Fishing for CDQ groundfish. Bulwark means a section of a vessel’s side continuing above the main deck. Buying station means a land-based en tity that receives unprocessed ground fish from a vessel for delivery to a shoreside processor and that does not process those fish. Bycatch Limitation Zone 1 (Zone 1) means that part of the Bering Sea Sub area that is contained within the boundaries of Statistical Areas 508, 509, 512, and 516 (see Figure 1 to this part). Bycatch Limitation Zone 2 (Zone 2) means that part of the Bering Sea Sub area that is contained within the boundaries of Statistical Areas 513, 517, and 521 (see Figure 1 to this part). Bycatch or bycatch species means fish caught and released while targeting an other species or caught and released while targeting the same species. Calendar day means a 24-hour period that starts at 0001 hours Alaska local time and ends at 2400 hours Alaska local time. Catch (see 50 CFR 600.10.) Catcher/processor (C/P) means, with respect to groundfish recordkeeping and reporting and subpart E of this part, a vessel that is used for catching fish and processing that fish. Catcher/processor vessel designation means, for purposes of the license limi tation program, a license designation that authorizes the license holder: (1) Designated on a groundfish license to deploy a vessel to conduct directed fishing for license limitation ground fish and process license limitation groundfish on that vessel or to conduct only directed fishing for license limita tion groundfish; or (2) Designated on a crab species li cense to deploy a vessel to conduct di rected fishing for crab species and process crab species on that vessel or to conduct only directed fishing for crab species. Catcher vessel (C/V) means a vessel that is used for catching fish and that does not process fish on board. Catcher vessel designation means, for purposes of the license limitation pro gram, a license designation that au thorizes the license holder: (1) Designated on a groundfish license to deploy a vessel to conduct directed fishing for, but not process, license limitation groundfish on that vessel; or (2) Designated on a crab species li cense to deploy a vessel to conduct di rected fishing for, but not process, crab species on that vessel. Catcher Vessel Operational Area (CVOA) (see Figure 2 to this part and § 679.22(a)(5)). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00531 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 522 50 CFR Ch. VI (10–1–22 Edition) § 679.2 CBL means crab bycatch limit. CDQ means community development quota and is the amount of a CDQ re serve that is allocated to a CDQ group. CDQ ABC reserve means 10.7 percent of the amount of the flathead sole, rock sole, or yellowfin sole ABC re serve that is allocated among the CDQ groups as calculated annually as de scribed at § 679.31(b)(4). CDQ allocation means a percentage of a CDQ reserve specified under § 679.31 that is assigned to a CDQ group. CDQ equivalent pounds means the weight recorded in pounds, for landed CDQ groundfish and halibut, and cal culated as round weight. CDQ fee liability means the amount of money for CDQ groundfish and halibut cost recovery, in U.S. dollars, owed to NMFS by a CDQ group as determined by multiplying the appropriate stand ard ex-vessel value of landed CDQ groundfish and halibut by the appro priate CDQ fee percentage. CDQ fee percentage means that posi tive number no greater than 3 percent (0.03) determined by the Regional Ad ministrator and established for use in calculating the CDQ groundfish and halibut fee liability for a CDQ group. CDQ group means an entity identified as eligible for the CDQ Program under 16 U.S.C. 1855(i)(1)(D). CDQ groups are listed in Table 7 to this part. CDQ number means a number as signed to a CDQ group by NMFS that must be recorded and is required in all logbooks and reports submitted by ves sels harvesting CDQ or processors tak ing deliveries of CDQ. CDQ Program means the Western Alaska Community Development Quota Program. CDQ representative means any indi vidual who is authorized by a CDQ group to sign documents submitted to NMFS on behalf of the CDQ group. CDQ reserve means the amount of each groundfish TAC apportioned under § 679.20, the amount of each catch limit for halibut, or the amount of TAC for crab that has been allocated to the CDQ Program. CDQ species means any species or spe cies group that is allocated from a CDQ reserve to a CDQ group. CDQ standard ex-vessel value means the total U.S. dollar amount of landed CDQ groundfish and halibut as cal culated by multiplying the number of landed CDQ equivalent pounds by the appropriate CDQ standard price deter mined by the Regional Administrator. CDQ standard price means the price, in U.S. dollars, for landed CDQ ground fish and halibut, in CDQ equivalent pounds, as determined by the Regional Administrator. Central Aleutian District means that part of the Aleutian Islands Subarea contained in Statistical Area 542 (see Figure 1 to this part). Central GOA Regulatory Area means that portion of the GOA EEZ that is contained in Statistical Areas 620 and 630 (see Figure 3 to this part). Chum Salmon Savings Area of the BSAI CVOA (See § 679.21(f)(14) and Figure 9 to this part). Civil judgment, for purposes of subpart E of this part, means a judgment or finding of a civil offense by any court of competent jurisdiction. Clearing officer means, a NOAA Fish eries Office for Law Enforcement (OLE) special agent, an OLE fishery enforce ment officer, or an OLE enforcement aide. Commercial fishing means: (1) For purposes of the salmon fish ery, fishing for salmon for sale or bar ter. (2) For purposes of the Pacific hal ibut fishery, fishing, the resulting catch of which either is, or is intended to be, sold or bartered but does not in clude subsistence fishing for halibut, as defined at 50 CFR 300.61. (3) For purposes of Arctic fish, the re sulting catch of fish in the Arctic Man agement Area which either is, or is in tended to be, sold or bartered but does not include subsistence fishing for Arc tic fish, as defined in this subsection. Commercial Operator’s Annual Report (COAR) means the annual report of in formation on exvessel and first whole sale values for fish and shellfish re quired under Title 5 of the Alaska Ad ministrative Code, chapter 39.130 (see § 679.5 (p)). Commissioner of ADF&G means the principal executive officer of ADF&G. Community quota entity (CQE) means a non-profit organization that: (1) Did not exist prior to April 10, 2002; VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00532 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 523 Fishery Conservation and Management § 679.2 (2) Represents at least one eligible community that is listed in Table 21 of this part; and, (3) Has been approved by the Re gional Administrator to obtain by transfer and hold QS, and to lease IFQ resulting from the QS on behalf of an eligible community; and (4) Must be the Adak Community En tity as defined at § 680.2 if that non profit organization represents the eli gible community of Adak, AK. Conviction, for purposes of subpart E of this part, means a judgment or con viction of a criminal offense by any court of competent jurisdiction, wheth er entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Cooperative quota (CQ): (1) For purposes of the Amendment 80 Program means: (i) The annual catch limit of an Amendment 80 species that may be caught by an Amendment 80 coopera tive while fishing under a CQ permit; (ii) The amount of annual halibut and crab PSC that may be used by an Amendment 80 cooperative while fish ing under a CQ permit. (2) For purposes of the Rockfish Pro gram means: (i) The annual catch limit of a rock fish primary species or rockfish sec ondary species that may be harvested by a rockfish cooperative while fishing under a CQ permit; (ii) The amount of annual halibut PSC that may be used by a rockfish co operative in the Central GOA while fishing under a CQ permit (see rockfish halibut PSC in this section). C. Opilio Crab Bycatch Limitation Zone (COBLZ) (see § 679.21(e) and Figure 13 to this part. CQ permit means a permit issued to an Amendment 80 cooperative under § 679.4(o)(2) or to a rockfish cooperative under § 679.4(n)(1). CQE floating processor means, for the purposes of processing Pacific cod within the marine municipal bound aries of CQE communities (see Table 21 of this part) in the Western or Central Gulf of Alaska Federal reporting areas 610, 620, or 630, a vessel not meeting the definition of a stationary floating proc essor in this section, that has not har vested groundfish in the Gulf of Alaska in the same calendar year, and oper ates on the authority of an FPP en dorsed as a CQE floating processor. Council means North Pacific Fishery Management Council. Crab species means (see also king crab and tanner crab) all crab species cov ered by the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, including, but not limited to, red king crab (Paralithodes camtschatica), blue king crab (Paralithodes platypus), brown or golden king crab (Lithodes aequispina), scarlet or deep sea king crab (Lithodes couesi), Tanner or bairdi crab (Chionoecetes bairdi), opilio or snow crab (Chionoecetes opilio), grooved Tanner crab (Chionoecetes tanneri), and triangle Tanner crab (Chionoecetes angulatus). Crab species license means a license issued by NMFS that authorizes the li cense holder designated on the license to deploy a vessel to conduct directed fishing for crab species. Cruise means an observer deployment with a unique cruise number. A cruise begins when an observer receives an en dorsement to deploy and ends when the observer completes all debriefing re sponsibilities. Daily reporting period or day is the pe riod from 0001 hours, A.l.t., until the following 2400 hours, A.l.t. Data collection agent (DCA) means the entity selected by the Regional Admin istrator to distribute an EDR to a per son required to complete it, to receive the completed EDR, to review and verify the accuracy of the data in the EDR, and to provide those data to au thorized recipients. Debriefing means the post-deploy ment process that includes a one-on one interview with NMFS staff, a NMFS preliminary data review, ob server completion of all data correc tions noted, observer preparation of af fidavits and reports, and completion of tasks related to biological specimens or special projects. Decertification, as used in § 679.53(c), means action taken by a decertifying official under § 679.53(c)(3) to revoke certification of an observer or observer provider. An observer or observer pro vider whose certification is so revoked is decertified. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00533 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 524 50 CFR Ch. VI (10–1–22 Edition) § 679.2 Decertifying official, for purposes of subpart E of this part, means a des ignee authorized by the Regional Ad ministrator to impose decertification. Deep water flatfish (see Table 10 to this part pursuant to § 679.20(c).) Deployment means the period between an observer’s arrival at the point of embarkation and the date the observer disembarks for travel to debriefing. Designated contact for the Aleut Cor poration means an individual who is designated by the Aleut Corporation for the purpose of communication with NMFS regarding the identity of se lected AI directed pollock fishery par ticipants and weekly reports required by § 679.5. Designated cooperative representative means an individual who is designated by the members of a fishery coopera tive to fulfill requirements on behalf of the cooperative including, but not lim ited to, the signing of cooperative fish ing permit applications; submitting catcher vessel pollock cooperative catch reports, and submitting annual cooperative fishing reports. Designated data collection auditor (DDCA) means an examiner employed by, or under contract to, the data col lection agent (DCA) to verify data sub mitted in an economic data report or the NMFS-designated contractor to perform the functions of a data collec tion auditor. Designated primary processor means an AFA inshore processor that is des ignated by an inshore pollock coopera tive as the AFA inshore processor to which the cooperative will deliver at least 90 percent of its BS pollock allo cation during the year in which the AFA inshore cooperative fishing per mit is in effect. Direct financial interest means any source of income to, or capital invest ment or other interest held by, an indi vidual, partnership, or corporation or an individual’s spouse, immediate fam ily member or parent that could be in fluenced by performance or non-per formance of observer or observer pro vider duties. Directed fishing means: (1) Unless indicated otherwise, any fishing activity that results in the re tention of an amount of a species or species group on board a vessel that is greater than the maximum retainable amount for that species or species group as calculated under § 679.20. (2) With respect to license limitation groundfish species, directed fishing as defined in paragraph (1) of this defini tion. (3) With respect to crab species under this part, the catching and retaining of any crab species. (4) With respect to the harvest of groundfish by AFA catcher/processors and AFA catcher vessels, any fishing activity that results in the retention of an amount of a species or species group on board a vessel that is greater than the maximum retainable percentage for that species or species group as cal culated under § 679.20. (5) With respect to the harvest of flat fish in the Bering Sea subarea, for pur poses of nonpelagic trawl restrictions under § 679.22(a) and modified non pelagic trawl gear requirements under §§ 679.7(c)(5) and 679.24(f), fishing with nonpelagic trawl gear during any fish ing trip that results in a retained ag gregate amount of yellowfin sole, rock sole, Greenland turbot, arrowtooth flounder, flathead sole, Alaska plaice, and other flatfish that is greater than the retained amount of any other fish ery category defined under § 679.21(b)(1)(ii) or of sablefish. (6) With respect to the harvest of flat fish in the Central GOA Regulatory Area, for purposes of modified nonpelagic trawl gear requirements under §§ 679.7(b)(9) and 679.24(f), fishing with nonpelagic trawl gear during any fish ing trip that results in a retained ag gregate amount of shallow-water flat fish, deep-water flatfish, rex sole, arrowtooth flounder, and flathead sole that is greater than the retained amount of any other trawl fishery cat egory as defined at § 679.21(d)(3)(iii). Discard (see § 600.10.) Dockside sale means, the transfer of IFQ halibut, CDQ halibut or IFQ sable fish from the person who harvested it to individuals for personal consump tion, and not for resale. Documented harvest means a lawful harvest that was recorded in compli ance with Federal and state commer cial fishing regulations in effect at the time of harvesting. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00534 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 525 Fishery Conservation and Management § 679.2 Donut Hole means the international waters of the Bering Sea outside the limits of the EEZ and Russian eco nomic zone as depicted on the current edition of NOAA chart INT 813 Bering Sea (Southern Part). Eastern Aleutian District means that part of the Aleutian Islands Subarea contained in Statistical Area 541 (see Figure 1 to this part). Eastern GOA Regulatory Area means the Reporting Areas 649 and 659 and that portion of the GOA EEZ that is contained in Statistical Areas 640 and 650 (see Figure 3 to this part). Economic data report (EDR) means the report of cost, labor, earnings, and rev enue data required under § 679.65, § 679.94, and § 679.110. eLandings means the Internet data entry system or desktop client compo nents of the Interagency Electronic Re porting System (IERS) for reporting commercial fishery landings and pro duction from waters off Alaska. Electronic Monitoring system or EM system means a network of equipment that uses a software operating system connected to one or more technology components, including, but not limited to, cameras and recording devices to collect data on catch and vessel oper ations. Eligible applicant means (for purposes of the LLP program) a qualified person who submitted an application during the application period announced by NMFS and: (1) For a groundfish license or crab species license, who owned a vessel on June 17, 1995, from which the minimum number of documented harvests of li cense limitation groundfish or crab species were made in the relevant areas during the qualifying periods specified in § 679.4(k)(4) and (k)(5), unless the fishing history of that vessel was transferred in conformance with the provisions in paragraph (2) of this defi nition; or (2) For a groundfish license or crab species license, to whom the fishing history of a vessel from which the min imum number of documented harvests of license limitation groundfish or crab species were made in the relevant areas during the qualifying periods specified in § 679.4(k)(4) and (k)(5) has been trans ferred or retained by the express terms of a written contract that clearly and unambiguously provides that the quali fications for a license under the LLP have been transferred or retained; or (3) For a crab species license, who was an individual who held a State of Alaska permit for the Norton Sound king crab summer fishery at the time he or she made at least one harvest of red or blue king crab in the relevant area during the period specified in § 679.4(k)(5)(ii)(G), or a corporation that owned or leased a vessel on June 17, 1995, that made at least one harvest of red or blue king crab in the relevant area during the period in § 679.4(k)(5)(ii)(G), and that was oper ated by an individual who was an em ployee or a temporary contractor; or (4) For a scallop license, who quali fies for a scallop license as specified at § 679.4(g)(2) of this part; or (5) Who is an individual that can demonstrate eligibility pursuant to the provisions of the Rehabilitation Act of 1973 at 29 U.S.C. 794 (a). Eligible community means: (1) for purposes of the CDQ Program, a community identified as eligible for the CDQ Program under 16 U.S.C. 1855(i)(1)(D). Eligible communities are listed in Table 7 to this part. (2) For purposes of the IFQ program in the GOA, a community that is listed in Table 21 to this part, and that: (i) Is a municipality or census des ignated place, as defined in the 2000 United States Census, located on the GOA coast of the North Pacific Ocean; (ii) Has a population of not less than 20 and not more than 1,500 persons based on the 2000 United States Census; (iii) Has had a resident of that com munity with at least one commercial landing of halibut or sablefish made during the period from 1980 through 2000, as documented by the State of Alaska Commercial Fisheries Entry Commission; and (iv) Is not accessible by road to a community larger than 1,500 persons based on the 2000 United States Census. (3) For purposes of the IFQ program in the Aleutian Islands subarea, a com munity that is listed in Table 21 to this part, and that: (i) Is a municipality or census des ignated place, as defined in the 2000 United States Census, located on the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00535 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 526 50 CFR Ch. VI (10–1–22 Edition) § 679.2 Aleutian Islands subarea coast of the North Pacific Ocean; (ii) Is not an entity identified as eli gible for the CDQ Program under 16 U.S.C. 1855(i)(1)(D); (iii) Has a population of not less than 20 and not more than 1,500 persons based on the 2000 United States Census; (iv) Has had a resident of that com munity with at least one commercial landing of halibut or sablefish made during the period from 1980 through 2000, as documented by the State of Alaska Commercial Fisheries Entry Commission; and (v) Is not accessible by road to a com munity larger than 1,500 persons based on the 2000 United States Census. Eligible community resident means: (1) For purposes of the IFQ Program, any individual who: (i) Is a citizen of the United States; (ii) Has maintained a domicile in a rural community listed in Table 21 to this part for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in an other community, state, territory, or country, except that residents of the Village of Seldovia shall be considered to be eligible community residents of the City of Seldovia for the purposes of eligibility to lease IFQ from a CQE; and (iii) Is an IFQ crew member except when that person is receiving halibut or sablefish IFQ that is derived from QS held by a CQE on behalf of an eligi ble community in the Aleutian Islands. (2) For purposes of the Area 2C and Area 3A catch sharing plan (CSP) in § 300.65(c) of this title, means any indi vidual or non-individual entity who: (i) Holds a charter halibut permit as defined in § 300.61 of this title; (ii) Has been approved by the Re gional Administrator to receive GAF, as defined in § 300.61 of this title, from a CQE in a transfer between IFQ and GAF pursuant to § 300.65(c)(5)(ii) of this title; and (iii) Begins or ends every charter ves sel fishing trip, as defined in § 300.61 of this title, authorized by the charter halibut permit issued to that person, and on which halibut are retained, at a location(s) within the boundaries of the community represented by the CQE from which the GAF were received. The geographic boundaries of the eligible community will be those defined by the United States Census Bureau. EM selection pool means the defined group of vessels from which NMFS will randomly select the vessels required to use an EM system under § 679.51(f). EM service provider means any person, including their employees or agents, that NMFS contracts with to provide EM services, or to review, interpret, or analyze EM data, as required under § 679.51(f). Endorsement. (1) (See area endorsement for purposes of the groundfish LLP per mits); (2) (See area/species endorsement for purposes of the crab LLP permits); (3) (See § 679.4(g)(3)(ii) area endorse ments for purposes of the scallop per mit). Experimental fishery (see Exempted fishery, § 679.6). Federal waters means waters within the EEZ off Alaska (see also reporting area). Federally permitted vessel means a ves sel that is named on either a Federal fisheries permit issued pursuant to § 679.4(b) or on a Federal crab vessel permit issued pursuant to § 680.4(k) of this chapter. Federally permitted ves sels must conform to regulatory re quirements for purposes of fishing re strictions in habitat conservation areas, habitat conservation zones, habitat protection areas, and the Modi fied Gear Trawl Zone; for purposes of anchoring prohibitions in habitat pro tection areas; for purposes of require ments for the BS and GOA nonpelagic trawl fishery pursuant to § 679.7(b)(9), § 679.7(c)(5), and § 679.24(f); and for pur poses of VMS requirements. Fishery cooperative or cooperative means any entity cooperatively man aging directed fishing for BS pollock and formed under section 1 of the Fish erman’s Collective Marketing Act of 1934 (15 U.S.C. 521). In and of itself, a cooperative is not an AFA entity sub ject to excessive harvest share limita tions, unless a single person, corpora tion or other business entity controls the cooperative and the cooperative has the power to control the fishing ac tivity of its member vessels. Fish product (See groundfish product.) VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00536 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 527 Fishery Conservation and Management § 679.2 Fish product weight means the weight of the fish product in pounds or to at least the nearest thousandth of a met ric ton (0.001 mt). Fish product weight is based upon the number of production units and the weight of those units. Production units include pans, cartons, blocks, trays, cans, bags, and indi vidual fresh or frozen fish. The weight of a production unit is the average weight of representative samples of the product, and, for fish other than fresh fish, may include additives or water but not packaging. Any allowance for water added cannot exceed 5 percent of the gross product weight (fish, addi tives, and water). Fishermen means persons who catch, take, or harvest fish. Fishing circle means the circum ference of a trawl intersecting the cen ter point on a fishing line, and that is perpendicular to the long axis of a trawl. Fishing line means a length of chain or wire rope in the bottom front end of a trawl to which the webbing or lead ropes are attached. Fishing trip means: (1) With respect to retention requirements (MRA, IR/IU, and pollock roe stripping), record keeping and reporting requirements under § 679.5, and determination of di rected fishing for flatfish. (i) Catcher/processors and motherships. An operator of a catcher/processor or mothership processor vessel is engaged in a fishing trip from the time the har vesting, receiving, or processing of groundfish is begun or resumed in an area until any of the following events occur: (A) The effective date of a notifica tion prohibiting directed fishing in the same area under § 679.20 or § 679.21; (B) The offload or transfer of all fish or fish product from that vessel; (C) The vessel enters or leaves an area where a different directed fishing prohibition applies; (D) The vessel begins fishing with a different type of authorized fishing gear; or (E) The end of a weekly reporting pe riod, whichever comes first. (ii) Catcher vessels. An operator of a catcher vessel is engaged in a fishing trip from the time the harvesting of groundfish is begun until the offload or transfer of all fish or fish product from that vessel. (2) IFQ program. With respect to the IFQ program, the period beginning when a vessel operator commences har vesting IFQ species and ending when the vessel operator lands any species. (3) North Pacific Observer Program. With respect to subpart E of this part, one of the following periods: (i) For a catcher vessel delivering to a shoreside processor or stationary floating processor, the period of time that begins when a catcher vessel de parts a port to harvest fish until the offload or transfer of all fish from that vessel. (ii) For a catcher vessel delivering to a tender vessel, the period of time that begins when a catcher vessel departs from port to harvest fish until the ves sel returns to a port in which a shore side processor or stationary floating processor with a valid FPP is located. (iii) For a catcher/processor in the partial observer coverage category, the period of time that begins when the vessel departs a port to harvest fish until the vessel returns to port and offloads all processed product. (iv) For a vessel in the EM selection pool of the partial coverage category, the period of time that begins when the vessel leaves a shore-based port or ten der vessel with an empty hold until the vessel returns to a shore-based port or tender vessel and all fish are delivered. (4) For purposes of § 679.7(n)(7), the pe riod beginning when a vessel operator commences harvesting any Rockfish Program species and ending when the vessel operator offloads or transfers any processed or unprocessed Rockfish Program species from that vessel. (5) For purposes of § 679.7(o)(4), the pe riod beginning when a vessel operator commences harvesting any Amend ment 80 species and ending when the vessel operator offloads or transfers any processed or unprocessed Amend ment 80 species from that vessel. (6) For purposes of § 679.7(d)(5)(ii)(C)(2) for CDQ groups and § 679.7(k)(8)(ii) for AFA entities, the pe riod beginning when a vessel operator commences harvesting any pollock that will accrue against a directed fish ing allowance for pollock in the BS or VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00537 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 528 50 CFR Ch. VI (10–1–22 Edition) § 679.2 against a pollock CDQ allocation har vested in the BS and ending when the vessel operator offloads or transfers any processed or unprocessed pollock from that vessel. Fishing year means 0001 hours, A.l.t., on January 1, through 2400 hours, A.l.t., on December 31 (see § 679.23). Fixed gear sablefish CDQ reserve means 20 percent of the sablefish fixed gear TAC for each subarea in the BSAI for which a sablefish TAC is specified under § 679.20(b)(1)(ii)(B). Flatfish Exchange means the exchange of unused CDQ, or Amendment 80 CQ, of flathead sole, rock sole, or yellowfin sole in the BSAI for an equivalent amount (in metric tons) of CDQ ABC reserve or Amendment 80 ABC reserve, respectively, for flathead sole, rock sole, or yellowfin sole in the BSAI other than the species listed for ex change on the Flatfish Exchange Appli cation as described in a notice of ad justment or apportionment in the FED ERAL REGISTER. Food bank distributor means a tax-ex empt organization with the primary purpose of distributing food resources to hunger relief agencies (see § 679.26). Food bank network means a tax-ex empt organization with the primary purpose of coordinating receipt and de livery of food resources to its member food bank distributors or hunger relief agencies (see § 679.26). Footrope means a chain or wire rope attached to the bottom front end of a trawl and attached to the fishing line. Forage fish (see Table 2c to this part and § 679.20(i)). Gear (see the definition for Author ized fishing gear of this section). Gear deployment (or to set gear) (see § 679.5(c)(3)(vi)(B) for longline and pot gear; see § 679.5(c)(4)(vi)(B) for trawl gear). Gear retrieval (or to haul gear) (see § 679.5(c)(3)(vi)(C) for longline and pot gear; see § 679.5(c)(4)(vi)(C) for trawl gear). Grenadiers (see Table 2c to this part and § 679.20(i)). Groundfish means (1) FMP species as listed in Table 2a to this part. (2) Target species specified annually pursuant to § 679.20(a)(2) (See also the definitions for: License limitation groundfish; CDQ species; and IR/IU spe cies of this section). Groundfish CDQ fishing means fishing that results in the retention of any groundfish CDQ species, but that does not meet the definition of pollock CDQ fishing, sablefish CDQ fishing, or hal ibut CDQ fishing. Groundfish license means (for pur poses of the LLP program) a license issued by NMFS that authorizes the li cense holder designated on the license to deploy a vessel to conduct directed fishing for license limitation ground fish. Groundfish product or fish product means any species product listed in Ta bles 1, 2a, 2c, and 2d to this part. Gulf of Alaska (GOA) means that por tion of the EEZ contained in Statis tical Areas 610, 620, 630, 640, and 650 (see Figure 3 to this part). Gulf of Alaska Coral Habitat Protection Areas means management areas estab lished for the protection of coral habi tat areas of particular concern in the Gulf of Alaska. See Table 26 to this part. Gulf of Alaska Slope Habitat Conserva tion Areas means management areas es tablished for the protection of essential fish habitat on the Gulf of Alaska slope. See Table 27 to this part. Halibut means Pacific halibut (Hippoglossus stenolepis). Halibut CDQ fishing means using fixed gear, retaining halibut CDQ, and not retaining groundfish over the max imum retainable amounts specified in § 679.20(e) and Table 11 to this part. Halibut CDQ reserve means the amount of the halibut catch limit for IPHC regulatory areas 4B, 4C, 4D, and 4E that is reserved for the halibut CDQ program (see § 679.31(a)(2)). Halibut Deck Sorting means the au thorized sorting of halibut on deck pur suant to § 679.120. Harvesting or to harvest means the catching and retaining of any fish. Harvest zone codes (see Table 8 to this part). Haul means the retrieval of trawl gear which results in catching fish or which does not result in catching fish; a test of trawl gear; or when non-func tional gear is pulled in, even if no fish are harvested. All hauls of any type need to be recorded and numbered VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00538 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 529 Fishery Conservation and Management § 679.2 throughout the year, whether or not fish are caught. Headrope means a rope bordering the top front end of a trawl. Health care provider means an indi vidual licensed to provide health care services by the state where he or she practices and performs within the scope of his or her specialty to diag nose and treat medical conditions as defined by applicable Federal, state, or local laws and regulations. A health care provider located outside of the United States and its territories who is licensed to practice medicine by the applicable medical authorities is in cluded in this definition. Herring Savings Area means any of three areas in the BSAI presented in Figure 4 to this part (see also § 679.21(b)(4) for additional closure in formation). Hook-and-line catcher/processor means a catcher/processor vessel that is named on a valid LLP license that is noninterim and transferable, or that is interim and subsequently becomes non interim and transferable, and that is endorsed for any of the following areas: Bering Sea, Aleutian Islands, and/or any area in the Gulf of Alaska; and en dorsed for catcher/processor fishing ac tivity, catcher/processor Pacific cod, and hook-and-line gear. Hunger relief agency means a tax-ex empt organization with the primary purpose of feeding economically dis advantaged individuals free of charge (see § 679.26). IFQ actual ex-vessel value means the U.S. dollar amount of all compensa tion, monetary or non-monetary, in cluding any IFQ retro-payments re ceived by an IFQ permit holder for the purchase of IFQ halibut or IFQ sable fish landing(s) on his or her permit(s) described in terms of IFQ equivalent pounds. IFQ crew member means any indi vidual who has at least 150 days experi ence working as part of the harvesting crew in any U.S. commercial fishery, or any individual who receives an ini tial allocation of QS. For purposes of this definition, ‘‘harvesting’’ means work that is directly related to the catching and retaining of fish. Work in support of harvesting, but not directly involved with harvesting, is not consid ered harvesting crew work. For exam ple, searching for fish, work on a fish ing vessel only as an engineer or cook, or work preparing a vessel for a fishing trip would not be considered work of a harvesting crew. IFQ equivalent pound(s) means the weight amount, recorded in pounds and calculated as round weight for sable fish and headed and gutted weight for halibut for an IFQ landing or for esti mation of the fee liability of halibut landed as guided angler fish (GAF), as defined in § 300.61 of this title. Landed GAF are converted to IFQ equivalent pounds as specified in § 300.65(c) of this title. IFQ fee liability means that amount of money for IFQ cost recovery, in U.S. dollars, owed to NMFS by an IFQ per mit holder as determined by multi plying the appropriate standard ex-ves sel value or, for non-GAF landings, the actual ex-vessel value of his or her IFQ halibut or IFQ sablefish landing(s), by the appropriate IFQ fee percentage and the appropriate standard ex-vessel value of landed GAF derived from his or her IFQ by the appropriate IFQ fee percentage. IFQ fee percentage means that posi tive number no greater than 3 percent (0.03) determined by the Regional Ad ministrator and established for use to calculate the IFQ cost recovery fee li ability for an IFQ permit holder. IFQ halibut means any halibut that is harvested with setline gear as defined in § 300.61 of this title or fixed gear as defined in this section while commer cial fishing in any IFQ regulatory area defined in this section. IFQ landing means the unloading or transferring of any IFQ halibut, CDQ halibut, IFQ sablefish, or products thereof from the vessel that harvested such fish or the removal from the water of a vessel containing IFQ hal ibut, CDQ halibut, IFQ sablefish, or products thereof. IFQ permit holder means the person identified on an IFQ permit, at the time a landing is made (see § 679.4(d)(1)). IFQ program means the individual fishing quota program for the fixed gear fisheries for Pacific halibut and sablefish in waters in and off Alaska and governed by regulations under this part. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00539 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 530 50 CFR Ch. VI (10–1–22 Edition) § 679.2 IFQ regulatory area means: (1) With respect to IFQ halibut, areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as pre scribed in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of chapter III of this title (see also Figure 15 to this part). (2) With respect to IFQ sablefish, any of the three regulatory areas in the GOA and any subarea of the BSAI, and all waters of the State of Alaska be tween the shore and the inshore bound ary of such regulatory areas and sub areas, except waters of Prince William Sound and areas in which sablefish fishing is managed under a State of Alaska limited entry program (see Fig ure 14 to this part). IFQ retro-payment means the U.S. dol lar value of a payment, monetary or non-monetary, made to an IFQ permit holder for the purchase of IFQ halibut or IFQ sablefish landed at some pre vious time. IFQ sablefish means any sablefish that is harvested with fixed gear, ei ther in the EEZ off Alaska or in waters of the State of Alaska, by persons hold ing an IFQ permit, but does not include sablefish harvested in Prince William Sound or under a State of Alaska lim ited entry program. IFQ standard ex-vessel value means the total U.S. dollar amount of IFQ halibut or IFQ sablefish landings as calculated by multiplying the number of landed IFQ equivalent pounds plus landed GAF in IFQ equivalent pounds by the appropriate IFQ standard price determined by the Regional Adminis trator. IFQ standard price means a price, ex pressed in U.S. dollars per IFQ equiva lent pound, for landed IFQ halibut and IFQ sablefish determined annually by the Regional Administrator and docu mented in an IFQ standard price list published by NMFS. Immediate family member includes an individual with any of the following re lationships to the QS holder: (1) Spouse, and parents thereof; (2) Sons and daughters, and spouses thereof; (3) Parents, and spouses thereof; (4) Brothers and sisters, and spouses thereof; (5) Grandparents and grandchildren, and spouses thereof; (6) Domestic partner and parents thereof, including domestic partners of any individual in paragraphs (1) through (5) of this definition; and (7) Any individual related by blood or affinity whose close association with the QS holder is the equivalent of a family relationship. Incidental catch or incidental species means fish caught and retained while targeting on some other species, but does not include discard of fish that were returned to the sea. Indictment, for purposes of subpart E of this part, means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense must be given the same effect as an indictment. Individual means a natural person who is not a corporation, partnership, association, or other such entity. Individual fishing quota (IFQ) means the annual catch limit of sablefish or halibut that may be harvested by a person who is lawfully allocated a har vest privilege for a specific portion of the TAC of sablefish or halibut. Initial Total Allowable Catch (ITAC) means the tonnage of a TAC for an Amendment 80 species in a manage ment area that is available for appor tionment to the BSAI trawl limited ac cess sector and the Amendment 80 sec tor in a calendar year after deducting from the TAC the CDQ reserve, the in cidental catch allowance the Regional Administrator determines is required on an annual basis, as applicable, to ac count for projected incidental catch of an Amendment 80 species by non Amendment 80 vessels engaged in di rected fishing for groundfish and, for Atka mackerel, the Atka mackerel jig allocation. Inshore component in the GOA means the following three categories of the U.S. groundfish fishery that process pollock harvested in the GOA or Pa cific cod harvested in the Eastern GOA: (1) Shoreside processors. (2) Vessels less than 125 ft (38.1 m) LOA that hold an inshore processing endorsement on their Federal fisheries permit, and that process no more than 126 mt per week in round-weight VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00540 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 531 Fishery Conservation and Management § 679.2 equivalents of an aggregate amount of pollock and Eastern GOA Pacific cod. (3) Stationary floating processors that— (i) Hold an inshore processing en dorsement on their Federal processor permit; (ii) Process pollock harvested in a GOA directed fishery at a single GOA geographic location in Alaska state waters during a fishing year; and/or, (iii) Process Pacific cod harvested in the Eastern GOA regulatory area at a single GOA geographic location in Alaska state waters during a fishing year. Interagency electronic reporting system (IERS) means an interagency electronic reporting system that allows fishery participants to use the Internet or desktop client software named eLandings to enter landings and pro duction data for appropriate distribu tion to the ADF&G, IPHC, and NMFS Alaska Region (see § 679.5(e)). IPHC means International Pacific Halibut Commission (see part 300 of chapter III of this title). IR/IU means the improved retention/ improved utilization program set out at § 679.27. IR/IU species means any groundfish species that is regulated by a retention or utilization requirement set out at § 679.27. King crab means red king crab (Paralithodes camtschatica), blue king crab (P. platypus), brown (or golden) king crab (Lithodes aequispina), and scarlet (or deep sea) king crab (Lithodes couesi). Landing means offloading fish. Legal landing means a landing in compliance with Federal and state commercial fishing regulations in ef fect at the time of landing. Legal landing of halibut or sablefish (see § 679.40(a)(3)(v)). Length overall (LOA) of a vessel means the centerline longitudinal distance, rounded to the nearest foot, measured between: (1) The outside foremost part of the vessel visible above the waterline, in cluding bulwarks, but excluding bowsprits and similar fittings or at tachments, and (2) The outside aftermost part of the vessel visible above the waterline, in cluding bulwarks, but excluding rud ders, outboard motor brackets, and similar fittings or attachments (see Figure 6 to this part). License holder means the person who is named on a currently valid ground fish license, crab species license, or scallop license. License limitation groundfish means target species specified annually pursu ant to § 679.20(a)(2), except that demersal shelf rockfish east of 140 W. longitude, sablefish managed under the IFQ program, sablefish managed under the fixed gear sablefish CDQ reserve, and pollock allocated to the Aleutian Islands directed pollock fishery and harvested by vessels 60 ft (18.3 m) LOA or less, are not considered license limi tation groundfish. Limited Access System Administrative Fund (LASAF) means the administra tive account used for depositing cost recovery fee payments into the U.S. Treasury as described in the Magnu son-Stevens Act under section 304(d)(2)(C)(i) and established under section 305(h)(5)(B). Listed AFA catcher/processor means an AFA catcher/processor permitted to harvest BS pollock under § 679.4(l)(2)(i). LLP license originally assigned to an Amendment 80 vessel means the LLP li cense listed in Column C of Table 31 to this part that corresponds to the vessel listed in Column A of Table 31 to this part with the USCG Documentation Number listed in Column B of Table 31 to this part. Logbook means Daily Cumulative Production Logbook (DCPL) or Daily Fishing Logbook (DFL) required by § 679.5. Management area means any district, regulatory area, subpart, part, or the entire GOA, BSAI, or Arctic Manage ment Area. Manager, with respect to any shore side processor, stationary floating processor, or buying station, means the individual responsible for the operation of the processor or buying station. Marmot Bay Tanner Crab Protection Area means a habitat protection area of the Gulf of Alaska specified in Fig ure 5 to this part that is closed to di rected fishing for groundfish with trawl VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00541 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 532 50 CFR Ch. VI (10–1–22 Edition) § 679.2 gear, except directed fishing for pol lock by vessels using pelagic trawl gear. Maximum LOA (MLOA) means: (1) With respect to the scallop license limitation program, the MLOA is equal to the length overall on February 8, 1999, of the longest vessel that was: (i) Authorized by a Federal or State of Alaska Scallop Moratorium Permit to harvest scallops; (ii) Used by the eligible applicant to make legal landings of scallops during the scallop LLP qualification period, as specified at § 679.4(g)(2)(iii) of this part. (2) With respect to the groundfish and crab species license limitation program, the LOA of the vessel on June 24, 1992, unless the vessel was less than 125 ft (38.1 m) on June 24, 1992, then 1.2 times the LOA of the vessel on June 24, 1992, or 125 ft (38.1 m), whichever is less. However, if the vessel was under recon struction on June 24, 1992, then the basis for the MLOA will be the LOA of the vessel on the date that reconstruc tion was completed and not June 24, 1992. The following exceptions apply re gardless of how the MLOA was deter mined. (i) If the vessel’s LOA on June 17, 1995, was less than 60 ft (18.3 m), or if the vessel was under reconstruction on June 17, 1995, and the vessel’s LOA on the date that reconstruction was com pleted was less than 60 ft (18.3 m), then the vessel’s MLOA cannot exceed 59 ft (18 m). (ii) If the vessel’s LOA on June 17, 1995, was greater than or equal to 60 ft (18.3 m) but less than 125 ft (38.1 m), or if the vessel was under reconstruction on June 17, 1995, and the vessel’s LOA on the date that reconstruction was completed was greater than or equal to 60 ft (18.3 m) but less 125 ft (38.1 m), then the vessel’s MLOA cannot exceed 124 ft (37.8 m). (iii) If the vessel’s LOA on June 17, 1995, was 125 ft (38.1 m) or greater, then the vessel’s MLOA is the vessel’s LOA on June 17, 1995, or if the vessel was under reconstruction on June 17, 1995, and the vessel’s LOA on the date that reconstruction was completed was 125 ft (38.1 m) or greater, then the vessel’s MLOA is the vessel’s LOA on the date reconstruction was completed. (iv) The MLOA of an Amendment 80 LLP license or Amendment 80 LLP/QS license will be permanently changed to 295 ft. (89.9 m) when an Amendment 80 replacement vessel is listed on the li cense following the approval of a li cense transfer application described at § 679.4(k)(7). (v) The MLOA of a groundfish LLP li cense endorsed to catch and process Pacific cod with hook-and-line gear in the BS or AI, or both, and is designated in Column B of Table 9 to this part is 220 feet (67 m). (vi) An AFA vessel is exempt from the MLOA on an LLP license with a Bering Sea area endorsement or an Aleutian Islands area endorsement when the vessel is used in the BSAI to harvest or process license limitation groundfish and the LLP license speci fies an exemption from the MLOA re striction for the AFA vessel. Maximum retainable amount (MRA) (see § 679.20(e)). Modified Gear Trawl Zone means an area of the Bering Sea subarea speci fied at Table 51 to this part that is closed to directed fishing for ground fish with nonpelagic trawl gear, except by vessels using modified nonpelagic trawl gear meeting the standards at § 679.24(f). Mothership means a vessel that re ceives and processes groundfish from other vessels. Nearshore Bristol Bay Trawl Closure Area of the BSAI (See § 679.22(a)(9) and Figure 12 to this part.) Net-sounder device means a sensor used to determine the depth from the water surface at which a fishing net is operating. Net weight (IFQ or CDQ halibut only). Net weight of IFQ or CDQ halibut means the weight of a halibut that is gutted, head off, and washed or ice and slime deducted. Non-allocated or nonspecified species means those fish species, other than prohibited species, for which TAC has not been specified (e.g., prowfish and lingcod). Non-IFQ groundfish means ground fish, other than IFQ sablefish. Non-individual entity means a person who is not an individual or ‘‘natural’’ VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00542 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 533 Fishery Conservation and Management § 679.2 person; it includes corporations, part nerships, estates, trusts, joint ven tures, joint tenancy, and any other type of ‘‘person’’ other than a natural person. NMFS investigator, for purposes of subpart E of this part, means a des ignee authorized by the Regional Ad ministrator to conduct investigations under this section. NMFS Person Identification Number means a unique number assigned by NMFS to any person who applied for, or who has been issued, a certificate, li cense, or permit under any fishery management program administered by the Alaska Region for purposes of the NMFS/Alaska Region Integrated Re gional Data System. Non-allocated secondary species (see Rockfish Program species in this sec tion). Non-chinook salmon means coho, pink, chum or sockeye salmon. North Pacific fishery means any com mercial fishery in state or Federal waters off Alaska. Northern Bering Sea Research Area means a habitat research area specified at Table 43 and Figure 17 to this part. Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area means a habitat protection area specified at Table 44 and Figure 21 to this part. Observed means observed by one or more observers (see subpart E of this part). Observer means any (1) Individual employed by a per mitted observer provider or a NMFS observer provider for the purpose of serving in the capacity of an observer aboard vessels and at shoreside proc essors or stationary floating processors under this part; or (2) NMFS employee deployed at the direction of the Regional Adminis trator or individual authorized by NMFS, aboard a vessel or at a shore side processor or stationary floating processor for the purpose of serving in the capacity of an observer as required for vessels, shoreside processors, or sta tionary floating processors under § 679.51(a) or (b), or for other purposes of conservation and management of marine resources as specified by the Regional Administrator. Observer Program means the adminis trative office of the North Pacific Ob server Program located at the Alaska Fisheries Science Center (See § 679.51(c)(3) for contact information). Observer Provider means any person or commercial enterprise that is grant ed a permit by NMFS to provide ob server services to vessels, shoreside processors, or stationary floating proc essors for observer coverage credit as required in subpart E of this part. Official AFA record means the infor mation prepared by the Regional Ad ministrator about vessels and proc essors that were used to participate in the BSAI pollock fisheries during the qualifying periods specified in § 679.4(l). Information in the official AFA record includes vessel ownership information, documented harvests made from ves sels during AFA qualifying periods, vessel characteristics, and documented amounts of pollock processed by pol lock processors during AFA qualifying periods. The official AFA record is pre sumed to be correct for the purpose of determining eligibility for AFA per mits. An applicant for an AFA permit will have the burden of proving correct any information submitted in an appli cation that is inconsistent with the of ficial record. Official License Limitation Program (LLP) record means the information prepared by the Regional Adminis trator about vessels that were used to participate in the groundfish or crab fisheries during qualified periods for the groundfish and crab LLP specified at § 679.4(k) and in the scallop fisheries during the qualifying periods for the scallop LLP specified at § 679.4(g). In formation in the official LLP record includes vessel ownership information, documented harvests made from ves sels during the qualification periods, and vessel characteristics. The official LLP record is presumed to be correct for the purpose of determining eligi bility for licenses. An applicant for a license under the LLP will have the burden of proving the validity of infor mation submitted in an application that is inconsistent with the official LLP record. Offshore component in the GOA means all vessels not included in the defini tion of ‘‘inshore component in the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00543 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 534 50 CFR Ch. VI (10–1–22 Edition) § 679.2 GOA’’ that process pollock harvested in the GOA, and/or Pacific cod har vested in the Eastern GOA. Operate a vessel means for purposes of VMS that the fishing vessel is: (1) Offloading or processing fish; (2) In transit to, from, or between the fishing areas; or (3) Fishing or conducting operations in support of fishing. Optimum yield means: (1) With respect to the salmon fish ery, that amount of any species of salmon that will provide the greatest overall benefit to the Nation, with par ticular reference to food production and recreational opportunities, as spec ified in the Salmon FMP. (2) With respect to the groundfish and Arctic fisheries, see § 679.20(a)(1). Other flatfish (see Table 11 to this part pursuant to § 679.20(c).) Other gear means gear other than au thorized fishing gear. Other rockfish (see Tables 10 and 11 to this part pursuant to § 679.20(c); see also ‘‘rockfish’’ in this section.) Other species is a category of target species for the purpose of MRA and PSC management that consists of groundfish species in each management area. These target species are managed as an other species group and identified in Tables 10 and 11 to this part pursu ant to § 679.20(e). Parallel groundfish fishery. With re spect to subpart E of this part, parallel groundfish fishery means a fishery that occurs in waters of the State of Alaska (from 0 to 3 nm) adjacent to the BSAI or GOA management areas and opens concurrently with Federal groundfish fisheries such that groundfish catch is deducted from the Federal Total Al lowable Catch. Permit means documentation grant ing permission to fish and includes ‘‘li cense’’ as a type of permit. Person means any individual (wheth er or not a citizen or national of the United States), any corporation, part nership, association, or other non-indi vidual entity (whether or not orga nized, or existing under the laws of any state), and any Federal, state, local, or foreign government or any entity of any such aforementioned governments. Personal use fishing means, for pur poses of the salmon fishery, fishing other than commercial fishing. Pollock CDQ fishing means directed fishing for pollock in the BS or AI under a pollock allocation to the CDQ Program authorized at § 679.31(a) and accruing pollock catch against a pol lock CDQ allocation. Pollock roe means product consisting of pollock eggs, either loose or in sacs or skeins. Pot catcher/processor means a catcher/ processor vessel that is named on a valid LLP license that is noninterim and transferable, or that is interim and subsequently becomes noninterim and transferable, and that is endorsed for Bering Sea, Aleutian Islands, and/or Gulf of Alaska catcher/processor fish ing activity, catcher/processor Pacific cod, and pot gear. Preponderance of the evidence, for pur poses of subpart E of this part, means proof by information that, compared with that opposing it, leads to the con clusion that the fact at issue is more probably true than not. Primary product (see Table 1 to this part). Processing, or to process, means the preparation of, or to prepare, fish or crab to render it suitable for human consumption, industrial uses, or long term storage, including but not limited to cooking, canning, smoking, salting, drying, freezing, or rendering into meal or oil, but does not mean icing, bleed ing, heading, or gutting. Processor vessel means, unless other wise restricted, any vessel that has been issued a Federal fisheries permit and that can be used for processing groundfish. Product transfer report (PTR) (see § 679.5(g)). Program Administrator, RAM means the Program Administrator of Re stricted Access Management Program, Alaska Region, NMFS. Prohibited species means any of the species of Pacific salmon (Oncorhynchus spp.), steelhead trout (Oncorhynchus mykiss), Pacific halibut (Hippoglossus stenolepis), Pacific herring (Clupea harengus pallasi), king crab, and Tanner crab (see Table 2b to this part), caught by a vessel issued an FFP under § 679.4(b) while fishing for VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00544 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 535 Fishery Conservation and Management § 679.2 groundfish in the BSAI or GOA, unless retention is authorized by other appli cable laws, including the annual man agement measures published in the FEDERAL REGISTER pursuant to § 300.62 of this title. Prohibited species catch (PSC) means any of the species listed in Table 2b to this part. PRR means standard product recov ery rate (see Table 3 to this part). PSD Permit means a permit issued by NMFS to an applicant who qualifies as an authorized distributor for purposes of the PSD. PSD Program means the Prohibited Species Donation Program established under § 679.26. PSQ means prohibited species quota and is the amount of a PSQ reserve that is allocated to a CDQ group. PSQ allocation means a percentage of a PSQ reserve specified under § 679.31 that is assigned to a CDQ group. PSQ reserve means the amount of a prohibited species catch limit estab lished under § 679.21 that has been allo cated to the CDQ Program under § 679.21. PSQ species means any species or spe cies group that has been allocated from a PSQ reserve to a CDQ group. Qualified Person means: (1) With respect to the IFQ program, see IFQ Management Measures at § 679.40(a)(2). (2) With respect to the groundfish and crab species license limitation program, a person who was eligible on June 17, 1995, to document a fishing vessel under Chapter 121, Title 46, U.S.C. (3) With respect to the scallop LLP, a person who was eligible on February 8, 1999, to document a fishing vessel under Chapter 121, Title 46, U.S.C. Quarter, or quarterly reporting period, means one of four successive 3-month periods, which begin at 0001 hours, A.l.t., on the first day of each quarter, and end at 2400 hours, A.l.t., on the last day of each quarter, as follows: (1) 1st quarter: January 1 through March 31. (2) 2nd quarter: April 1 through June 30. (3) 3rd quarter: July 1 through Sep tember 30. (4) 4th quarter: October 1 through De cember 31. Quota share (QS) means a permit, the face amount of which is used as a basis for the annual calculation of a person’s IFQ. Reconstruction means a change in the LOA of the vessel from its original qualifying LOA. Recreational Fishing Quota (RFQ) means the pounds of halibut issued an nually to a Recreational Quota Entity to supplement the annual guided sport catch limit under the catch sharing plan for IFQ regulatory areas 2C and 3A pursuant to § 300.65(c) of this title. Recreational Quota Entity (RQE) means a non-profit entity incorporated under the laws of the State of Alaska, recognized as exempt from Federal in come tax by the Internal Revenue Service, and authorized by NMFS to participate in the Halibut IFQ Program to hold commercial halibut quota share to supplement the annual guided sport catch limit in IFQ regulatory areas 2C and 3A under the catch sharing plan pursuant to § 300.65(c) of this title. NMFS will authorize only one RQE at a time. Red King Crab Savings Area (RKCSA) of the BSAI (see § 679.22(a)(3) and Figure 11 to this part). Red King Crab Savings Subarea (RKCSS) of the BSAI (see § 679.21(e)(3)(ii)(B) and Figure 11 to this part). Regional Administrator, for purposes of this part, means the Administrator, Alaska Region, NMFS, as defined at § 600.10 of this chapter, or a designee. Registered buyer means the person identified on a Registered Buyer per mit (see § 679.4(d)(3)). Registered crab receiver (RCR) means a person issued an RCR permit, described under 50 CFR part 680, by the Regional Administrator. Regulatory area means any of three areas of the EEZ in the GOA (see Fig ure 3 to this part). Reporting area (see Figures 1 and 3 to this part) means: (1) An area that includes a statistical area of the EEZ off Alaska and any ad jacent waters of the State of Alaska; (2) The reporting areas 300, 400, 550, and 690, which do not contain EEZ waters off Alaska or Alaska state waters; or VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00545 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 536 50 CFR Ch. VI (10–1–22 Edition) § 679.2 (3) Reporting areas 649 and 659, which contain only waters of the State of Alaska. Representative (see § 679.5(b)). Reprocessed or rehandled product (see Table 1 to this part). Restricted AFA inshore processor means an AFA inshore processor per mitted to harvest pollock under § 679.4(l)(5)(i)(B). Retain on board (see §§ 600.10 and 679.27 of this chapter.) Rockfish means: (1) For the Gulf of Alaska: Any species of the genera Sebastes or Sebastolobus except Sebastes ciliatus (dark rockfish); Sebastes melanops (black rockfish); and Sebastes mystinus (blue rockfish). (2) For the Bering Sea and Aleutian Is lands Management Area: Any species of the genera Sebastes or Sebastolobus ex cept Sebastes ciliatus (dark rockfish). Rockfish (Catch Monitoring Control Plan) CMCP specialist, for purposes of subpart H to this part, means a des ignee authorized by the Regional Ad ministrator to monitor compliance with catch monitoring and control plans or for other purposes of conserva tion and management of marine re sources as specified by the Regional Administrator. Rockfish cooperative means a group of rockfish eligible harvesters who have chosen to form a rockfish cooperative under the requirements in § 679.81 in order to combine and harvest fish col lectively under a CQ permit issued by NMFS. Rockfish CQ (See CQ) Rockfish CQ equivalent pound(s) means the weight recorded in pounds, for a rockfish CQ landing and cal culated as round weight. Rockfish eligible harvester means a person who is permitted by NMFS to hold rockfish QS. Rockfish entry level harvester means a person who is harvesting fish in the rockfish entry level longline fishery. Rockfish entry level longline fishery means the longline gear fisheries in the Central GOA conducted under the Rockfish Program by rockfish entry level harvesters. Rockfish entry level trawl fishery means the trawl gear fisheries in the Central GOA conducted under the Rockfish Program by rockfish entry level harvesters during 2007 through 2011 only. Rockfish fee liability means that amount of money for Rockfish Pro gram cost recovery, in U.S. dollars, owed to NMFS by a CQ permit holder as determined by multiplying the ap propriate standard ex-vessel value of his or her rockfish landing(s) by the ap propriate rockfish fee percentage. Rockfish fee percentage means that positive number no greater than 3 per cent (0.03) determined by the Regional Administrator and established for use in calculating the rockfish fee liability for a CQ permit holder. Rockfish halibut PSC means the amount of halibut PSC that may be used by a rockfish cooperative in the Central GOA as assigned on a CQ per mit. Rockfish legal landings means ground fish caught and retained in compliance with state and Federal regulations in effect at that time unless harvested and then processed as meal, and— (1) For catcher vessels: The harvest of groundfish from the Central GOA regu latory area that is offloaded and re corded on a State of Alaska fish ticket during the directed fishing season for that rockfish primary species as estab lished in Tables 28a and 28b to this part. (2) For catcher/processors: The harvest of groundfish from the Central GOA regulatory area that is recorded on a weekly production report based on har vests during the directed fishing season for that rockfish primary species as es tablished in Table 28a to this part. Rockfish processor means a shoreside processor with a Federal processor per mit that receives groundfish harvested under the authority of a CQ permit. Rockfish Program means the program implemented under subpart G to this part to manage Rockfish Program fish eries. Rockfish Program fisheries means one of following fisheries under the Rock fish Program: (1) A rockfish cooperative in the catcher/processor sector; (2) A rockfish cooperative in the catcher vessel sector; and (3) The rockfish entry level longline fishery. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00546 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 537 Fishery Conservation and Management § 679.2 Rockfish Program official record means information used by NMFS necessary to determine eligibility to participate in the Rockfish Program and assign specific harvest privileges or limits to Rockfish Program participants. Rockfish Program species means the following species that are managed under the authority of the Rockfish Program: (1) Rockfish primary species means northern rockfish, Pacific ocean perch, and dusky rockfish in the Central GOA regulatory area. (2) Rockfish secondary species means the following species in the Central GOA regulatory area: (i) Sablefish not allocated to the IFQ Program; (ii) Thornyhead rockfish; (iii) Pacific cod for the catcher vessel sector; (iv) Rougheye rockfish for the catch er/processor sector; and (v) Shortraker rockfish for the catch er/processor sector. (3) Rockfish non-allocated species means all groundfish species other than Rockfish Program species. Rockfish quota share (QS) means a permit expressed in numerical units, the amount of which is based on rock fish legal landings for purposes of qualifying for the Rockfish Program and that are assigned to an LLP li cense. Rockfish QS pool means the sum of rockfish QS units established for the Rockfish Program fishery based on the Rockfish Program official record. Rockfish QS unit means a measure of QS based on rockfish legal landings. Rockfish sector means: (1) Catcher/processor sector: Those rockfish eligible harvesters who hold an LLP license with a catcher/proc essor designation and who are eligible to receive rockfish QS that may result in CQ that may be harvested and proc essed at sea. (2) Catcher vessel sector: Those rock fish eligible harvesters who hold an LLP license who are eligible to receive rockfish QS that may result in CQ that may not be harvested and processed at sea. Rockfish sideboard fisheries means fisheries that are assigned a rockfish sideboard limit that may be harvested by participants in the Rockfish Pro gram. Rockfish sideboard limit means: (1) The maximum amount of north ern rockfish, Pacific ocean perch, and dusky rockfish that may be harvested in the Rockfish Program as specified in the sideboard provisions under § 679.82(e), as applicable; and (2) The maximum amount of halibut PSC that may be used in the Rockfish Program as specified in the sideboard provisions under § 679.82(e), as applica ble. Rockfish sideboard ratio means a por tion of a rockfish sideboard limit for a groundfish fishery that is assigned as specified under § 679.82(e). Rockfish standard ex-vessel value means the total U.S. dollar amount of rockfish CQ groundfish landings as cal culated by multiplying the number of landed rockfish CQ equivalent pounds by the appropriate rockfish standard price determined by the Regional Ad ministrator. Rockfish standard price means a price, expressed in U.S. dollars per rockfish CQ equivalent pound, for landed rock fish CQ groundfish determined annu ally by the Regional Administrator. Round-weight equivalent means the weight of groundfish calculated by di viding the weight of the primary prod uct made from that groundfish by the PRR for that primary product as listed in Table 3 to this part, or, if not listed, the weight of groundfish calculated by dividing the weight of a primary prod uct by the standard PRR as determined using the best available evidence on a case-by-case basis. Sablefish (black cod) means Anoplopoma fimbria. (See also IFQ sable fish; sablefish as a prohibited species at § 679.21(a)(5); and sablefish as a prohib ited species at § 679.24(c)(2)(ii)). Sablefish CDQ fishing means fishing using fixed gear, retaining sablefish CDQ, and that results in the retained catch of sablefish CDQ plus sablefish IFQ being greater than the retained catch of any other groundfish species or species group. Salmon means the following species: (1) Chinook (or king) salmon (Oncorhynchus tshawytscha); (2) Coho (or silver) salmon (O. kisutch); VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00547 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 538 50 CFR Ch. VI (10–1–22 Edition) § 679.2 (3) Pink (or humpback) salmon (O. gorbuscha); (4) Sockeye (or red) salmon (O. nerka); and (5) Chum (or dog) salmon (O. keta). Salmon bycatch incentive plan agree ment (IPA) is a voluntary private con tract, approved by NMFS under § 679.21(f)(12), that establishes incen tives for participants to avoid Chinook salmon and chum salmon bycatch while directed fishing for pollock in the BS. Salmon Management Area means those waters of the EEZ off Alaska (see Fig ure 23 to part 679) under the authority of the Salmon FMP. The Salmon Man agement Area is divided into a West Area and an East Area with the border between the two at the longitude of Cape Suckling (143°53.6′ W): (1) The East Area means the area of the EEZ in the Gulf of Alaska east of the longitude of Cape Suckling (143°53.6′ W). (2) The West Area means the area of the EEZ off Alaska in the Bering Sea, Chukchi Sea, Beaufort Sea, and the Gulf of Alaska west of the longitude of Cape Suckling (143°53.6′ W), including the Cook Inlet EEZ Subarea, but ex cludes the Prince William Sound Area and the Alaska Peninsula Area. The Cook Inlet EEZ Subarea means the EEZ waters of Cook Inlet north of a line at 59°46.15′ N. The Prince William Sound Area and the Alaska Peninsula Area are shown in Figure 23 to this part and described as: (i) [Reserved] (ii) the Prince William Sound Area which means the EEZ waters shore ward of a line that starts at 60°16.8′ N and 146°15.24′ W and extends southeast to 59°42.66′ N and 144°36.20′ W and a line that starts at 59°43.28′ N and 144°31.50′ W and extends northeast to 59°56.4′ N and 143°53.6′ W. (iii) the Alaska Peninsula Area which means the EEZ waters shoreward of a line at 54°22.5′ N from 164°27.1′ W to 163°1.2′ W and a line at 162°24.05′ W from 54°30.1′ N to 54°27.75′ N. Scallop(s) means any species of the family Pectinidae, including, without limitation, weathervane scallops (Patinopectin caurinus). Scallop license means a license issued by NMFS that authorizes the license holder to catch and retain scallops pur suant to the conditions specified on the license. Scallop Registration Area H (Cook Inlet) means all Federal waters of the GOA west of the longitude of Cape Fairfield (148°50′ W. long.) and north of the latitude of Cape Douglas (58°52′ N. lat.). Sculpins (see Table 2c to this part and § 679.20(i)). Seabird means those bird species that habitually obtain their food from the sea below the low water mark. Seabird avoidance gear (see §§ 679.24(e), 679.42(b)(2), and Table 19 to this part). Set means a string of longline gear, a string of pots, or a group of pots with individual pots deployed and retrieved in the water in a similar location with similar soak time. In the case of pot gear, when the pots in a string are hauled more than once in the same po sition, a new set is created each time the string is retrieved and re-deployed. A set includes a test set, unsuccessful harvest, or when gear is not working and is pulled in, even if no fish are har vested. Shallow water flatfish (see Table 10 to this part pursuant to § 679.20(c).) Shoreside processor means any person or vessel that receives, purchases, or arranges to purchase, unprocessed groundfish, except catcher/processors, motherships, buying stations, tender vessels, restaurants, or persons receiv ing groundfish for personal consump tion or bait. Shoreside processor electronic logbook report (SPELR) (discontinued, see defi nition of ‘‘eLandings’’ under this sec tion). Shucking machine means any mechan ical device that automatically removes the meat or the adductor muscle from the shell. Sideboard ratio for purposes of the Rockfish Program means a portion of a sideboard limit for a groundfish fishery that is assigned to the catcher vessel sector or catcher/processor sector based on the catch history of vessels in that sector. Single geographic location (see § 679.4(l)(5)(iii)). Sitka Pinnacles Marine Reserve means an area totaling 2.5 square nm in the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00548 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 539 Fishery Conservation and Management § 679.2 GOA, off Cape Edgecumbe, in Statis tical Area 650. See Figure 18 to this part. Southeast Outside District of the GOA means that part of the Eastern GOA Regulatory Area contained in Statis tical Area 650 (see Figure 3 to this part). Squids (see Table 2c to this part and § 679.20(i)). St. Lawrence Island Habitat Conserva tion Area means a habitat protection area specified at Table 45 to this part. St. Matthew Island Habitat Conserva tion Area means a habitat protection area specified at Table 46 to this part. State means the State of Alaska. Stationary floating processor (SFP) means: (1) A vessel of the United States oper ating as a processor in Alaska State waters that remains anchored or other wise remains stationary in a single ge ographic location while receiving or processing groundfish harvested in the GOA or BSAI; and (2) In the Western and Central GOA Federal reporting areas 610, 620, or 630, a vessel that has not operated as a catcher/processor, CQE floating proc essor, or mothership in the GOA during the same fishing year; however, an SFP can operate as catcher/processor or mothership in the BSAI and an SFP in the Western and Central GOA during the same fishing year. Statistical area means the part of any reporting area defined in Figures 1 and 3 to this part, contained in the EEZ. Stretched mesh size means the dis tance between opposite knots of a four sided mesh when opposite knots are pulled tautly to remove slack. Subsistence fishing for purposes of fishing in the Arctic Management Area means the harvest of Arctic fish and Pacific salmon for non-commercial, long-term, customary and traditional use necessary to maintain the life of the taker or those who depend upon the taker to provide them with such sub sistence. Superexclusive registration area means any State of Alaska designated reg istration area within the Bering Sea and Aleutian Islands Area where, if a vessel is registered to fish for crab, that vessel is prohibited from fishing for crab in any other registration area during that registration year. Support vessel means any vessel that is used in support of other vessels regu lated under this part, including, but not limited to, supplying a fishing ves sel with water, fuel, provisions, fishing equipment, fish processing equipment or other supplies, or transporting proc essed fish. The term ‘‘support vessel’’ does not include processor vessels or tender vessels. Suspending official, for purposes of subpart E of this part, means a des ignee authorized by the Regional Ad ministrator to impose suspension. Suspension, as used in § 679.53, means action taken by a suspending official under § 679.53(c) to suspend certifi cation of observers or observer pro viders temporarily until a final deci sion is made with respect to decerti fication. Tagged halibut or sablefish (see § 679.40(g)). Tanner crab means Chionoecetes spe cies or hybrids of these species. Target species are those species or spe cies groups for which a TAC is specified pursuant to § 679.20(a)(2). Tax-exempt organization means an or ganization that received a determina tion letter from the Internal Revenue Service recognizing tax exemption under 26 CFR part 1 (§§ 1.501 to 1.640). Tender vessel means a vessel that is used to transport unprocessed fish or shellfish received from another vessel to an associated processor. Ten percent or greater direct or indirect ownership interest for purposes of the Amendment 80 Program means a rela tionship between two or more persons in which one directly or indirectly owns or controls a 10 percent or greater interest in, or otherwise controls, an other person; or a third person which directly or indirectly owns or controls, or otherwise controls a 10 percent or greater interest in both. For the pur pose of this definition, the following terms are further defined: (1) Person. A person is a person as de fined in this section. (2) Indirect interest. An indirect inter est is one that passes through one or more intermediate persons. A person’s VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00549 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 540 50 CFR Ch. VI (10–1–22 Edition) § 679.2 percentage of indirect interest in a sec ond person is equal to the person’s per centage of direct interest in an inter mediate person multiplied by the inter mediate person’s direct or indirect in terest in the second person. (3) Controls a 10 percent or greater in terest. A person controls a 10 percent or greater interest in a second person if the first person: (i) Controls a 10 percent ownership share of the second person; or (ii) Controls 10 percent or more of the voting or controlling stock of the sec ond person. (4) Otherwise controls. A person other wise controls another person, if the first person has: (i) The right to direct, or does direct, the business of the other person; (ii) The right in the ordinary course of business to limit the actions of, or replace, or does limit or replace, the chief executive officer, a majority of the board of directors, any general partner, or any person serving in a management capacity of the other per son; (iii) The right to direct, or does di rect, the Rockfish Program fishery processing activities of the other per son; (iv) The right to restrict, or does re strict, the day-to-day business activi ties and management policies of the other person through loan covenants; (v) The right to derive, or does de rive, either directly, or through a mi nority shareholder or partner, and in favor of the other person, a signifi cantly disproportionate amount of the economic benefit from the processing of fish by that other person; (vi) The right to control, or does con trol, the management of, or to be a controlling factor in, the other person; (vii) The right to cause, or does cause, the purchase or sale of fish proc essed by the other person; (viii) Absorbs all of the costs and nor mal business risks associated with ownership and operation of the other person; or (ix) Has the ability through any other means whatsoever to control the other person. Transfer means: (1) Groundfish fisheries of the GOA and BSAI. Any loading, offloading, ship ment or receipt of any IFQ sablefish or other groundfish product by a mothership, catcher/processor, shore side processor, or stationary floating processor, including quantities trans ferred inside or outside the EEZ, with in any state’s territorial waters, within the internal waters of any state, at any shoreside processor, stationary floating processor, or at any offsite meal reduc tion plant. (2) IFQ halibut and CDQ halibut fish eries. Any loading, offloading, or ship ment of any IFQ halibut or CDQ hal ibut product including quantities transferred inside or outside the EEZ, within any state’s territorial waters, within the internal waters of any state, at any shoreside processor, stationary floating processor, or at any offsite meal reduction plant. Trawl test areas (see Figure 7 to this part and § 679.24(d)). Unlisted AFA catcher/processor means an AFA catcher/processor permitted to harvest BS pollock under § 679.4(l)(2)(ii). Unrestricted AFA inshore processor means an AFA inshore processor per mitted to harvest pollock under § 679.4(l)(5)(i)(A). Unsorted codend is a codend of groundfish that is not brought on board a catcher vessel and that is delivered to a mothership, shoreside processor, or stationary floating processor with out the potential for sorting. No other instance of catcher vessel harvest is considered an ‘‘unsorted codend.’’ All other catch that does not meet this definition is considered ‘‘presorted’’ whether or not sorting occurs. U.S. citizen means: (1) General usage. Any individual who is a citizen of the United States. (2) IFQ program. (i) Any individual who is a citizen of the United States at the time of application for QS; or (ii) Any corporation, partnership, as sociation, or other non-individual enti ty that would have qualified to docu ment a fishing vessel as a vessel of the United States during the QS qualifying years of 1988, 1989, and 1990. U.S.-Russian Boundary means the sea ward boundary of Russian waters as de fined in Figure 1 to this part. User means, for purposes of IERS and its components including eLandings VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00550 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 541 Fishery Conservation and Management § 679.3 and tLandings, an individual represent ative of a Registered Buyer; a Reg istered Crab Receiver; a mothership or catcher/processor that is required to have a Federal Fisheries Permit (FFP) under § 679.4; a shoreside processor or SFP and mothership that receives groundfish from vessels issued an FFP under § 679.4; any shoreside processor or SFP that is required to have a Federal processor permit under § 679.4; and his or her designee(s). User identification (UserID), for pur poses of IERS and eLandings, means the string of letters and/or numbers that identifies the individual and gives him or her authorization to view and submit reports for specific operations or to otherwise use eLandings. To fa cilitate the management of Users and privileges and to provide for data secu rity, a separate UserID is issued to each individual. Vessel Activity Report (VAR) (see § 679.4(k)). Vessel length category means the length category of a vessel, based on the assigned MLOA, used to determine eligibility. Vessel Monitoring Plan (VMP) means the document that describes how fish ing operations on the vessel will be conducted and how the EM system and associated equipment will be config ured to meet the data collection objec tives and purpose of the EM program. VMPs are required under § 679.51(f). Vessel operations category (see § 679.5(b)(3)). Walrus Protection Areas (see § 679.22(a)(4)). Week-ending date means the last day of the weekly reporting period which ends on Saturday at 2400 hours, A.l.t., except during the last week of each cal endar year, when it ends at 2400 hours, A.l.t., December 31. Weekly production report (WPR) is no longer required (see § 679.5(e)(9) and (10)). Weekly reporting period means a time period that begins at 0001 hours, A.l.t., Sunday morning (except during the first week of each year, when it starts on January 1) and ends at 2400 hours, A.l.t., the following Saturday night (except during the last week of each year, when it ends on December 31). West Yakutat District of the GOA means that part of the Eastern GOA Regulatory Area contained in Statis tical Area 640 (see Figure 3 to this part). Western Aleutian District means that part of the Aleutian Islands Subarea contained in Statistical Area 543 (see Figure 1 to this part). Western GOA Regulatory Area means that portion of the GOA EEZ that is contained in Statistical Area 610 (see Figure 3 to this part). Wing tip means the point where adja cent breast lines intersect or where a breast line intersects with the fishing line. [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.3 Relation to other laws. (a) Foreign fishing for groundfish. Reg ulations governing U.S. nationals fish ing in the Russian fisheries are set forth in part 300 of chapter III of this title. (b) Domestic fishing for groundfish. (1) The conservation and management of groundfish in waters of the territorial sea and internal waters of the State of Alaska are governed by the Alaska Ad ministrative Code at 5 AAC Chapter 28 and by the Alaska Statutes at Title 16. (2) Alaska Administrative Code (5 AAC 39.130) governs reporting and per mitting requirements using ADF&G ‘‘Intent to Operate’’ and ‘‘Fish Tick ets.’’ (c) Halibut. Additional regulations governing the conservation and man agement of halibut are set forth in sub part E of part 300 of chapter III of this title. (d) King and Tanner crabs. Additional regulations governing conservation and management of king crabs and Tanner crabs in the Bering Sea and Aleutian Islands Area are contained in 50 CFR part 680 and in Alaska Statutes at A.S. 16 and Alaska Administrative Code at 5 AAC Chapters 34, 35, and 39. (e) Incidental catch of marine mammals. Regulations governing exemption per mits and the recordkeeping and report ing of the incidental take of marine VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00551 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 542 50 CFR Ch. VI (10–1–22 Edition) § 679.4 mammals are set forth in § 216.24 and part 229 of this title. (f) Domestic fishing for salmon. Man agement of the salmon commercial troll fishery and sport fishery in the East Area of the Salmon Management Area, defined at § 679.2, is delegated to the State of Alaska. (g) Scallops. Additional regulations governing conservation and manage ment of scallops off Alaska are con tained in Alaska Statutes A.S. 16 and Alaska Administrative Code at 5 AAC Chapter 38. [61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 62 FR 2045, Jan. 15, 1997; 62 FR 19688, Apr. 23, 1997; 63 FR 38502, July 17, 1998; 63 FR 47356, Sept. 4, 1998; 69 FR 877, Jan. 7, 2004; 70 FR 10232, Mar. 2, 2005; 77 FR 75587, Dec. 21, 2012] § 679.4 Permits. (a) Requirements. Only persons who are U.S. citizens are authorized to re ceive or hold permits under this sec tion, with the exception that an IFQ hired master permit or a CDQ hired master permit need not be held by a U.S. citizen. (1) What permits are available? Various types of permits are issued for pro grams codified at 50 CFR parts 300 and 679. These permits are listed in the fol lowing table. The date of effectiveness for each permit is given along with cer tain reference paragraphs for further information. If program permit or card type is: Permit is in effect from issue date through the end of: For more information, see . . . (i) IFQ: ...................................................... (A) Registered buyer ............................................ Until expiration date shown on per mit. Paragraph (d)(3)(ii) of this section (B) Halibut & sablefish permits ............................ Specified fishing year ....................... Paragraph (d)(1) of this section (C) Halibut & sablefish hired master permits ....... Specified fishing year ....................... Paragraph (d)(2) of this section (ii) CDQ Halibut .................................................... ...................................................... (A) Halibut permit ................................................. Specified fishing year ....................... Paragraph (e) of this section (B) Halibut hired master permit ............................ Specified fishing year ....................... Paragraph (e) of this section (iii) AFA: (A) Catcher/processor .......................................... Indefinite unless permit is revoked after vessel is replaced or permit is suspended after vessel is lost. Paragraph (l) of this section (B) Catcher vessel ............................................... Indefinite unless permit is revoked after vessel is replaced or re moved, or permit is suspended after vessel is lost. Paragraph (l) of this section (C)Mothership ....................................................... Indefinite unless permit is revoked after vessel is replaced or permit is suspended after vessel is lost. Paragraph (l) of this section (D) Inshore processor .......................................... Indefinite ........................................... Paragraph (l) of this section (E) Inshore cooperative ........................................ Calendar year .................................. Paragraph (l) of this section (iv) Groundfish: (A) Federal fisheries ............................................. Until expiration date shown on per mit. Paragraph (b) of this section (B) Federal processor .......................................... Until expiration date shown on per mit. Paragraph (f) of this section (v) [Reserved] .............................................................. ...................................................... (vi) High Seas Fishing Compliance Act (HSFCA) ...... 5 years ............................................. § 300.10 of this title (vii) License Limitation Program (LLP): (A) Groundfish license ......................................... Specified fishing year or interim (ac tive until further notice). Paragraph (k) of this section (B) Crab license ................................................... Specified fishing year or interim (ac tive until further notice). Paragraph (k) of this section (C) Scallop license ............................................... Indefinite ........................................... Paragraph (g) of this section (viii) Exempted fisheries .............................................. 1 year or less ................................... § 679.6 (ix) Research ............................................................... 1 year or less ................................... § 600.745(a) of this chapter (x) Prohibited species donation program: (A) Salmon ........................................................... 3 years ............................................. § 679.26 (B) Halibut ............................................................ 3 years ............................................. § 679.26 (xi) Special Subsistence Permits: (A) Community Harvest Permit ............................ 1 year ............................................... § 300.65 of this title (B) Ceremonial or Educational Permit ................. 30 days ............................................ § 300.65 of this title (xii) Rockfish Program: (A) Rockfish QS ................................................... Indefinite ........................................... § 679.80(a). (B) CQ .................................................................. Until expiration date shown on per mit. Paragraph (n) of this section. (xiii) Amendment 80 Program: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00552 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 543 Fishery Conservation and Management § 679.4 If program permit or card type is: Permit is in effect from issue date through the end of: For more information, see . . . (A) Amendment 80 QS permit .................................... Indefinite ........................................... § 679.90(b). (B) CQ permit .............................................................. Specified fishing year ....................... § 679.91(b). (C) Amendment 80 limited access fishery .................. Specified fishing year ....................... § 679.91(b). (xiv) Crab Rationalization Program permits see § 680.4 of this chapter .............. § 680.4 of this chapter (A) Crab Quota Share permit ............................... Indefinite ........................................... § 680.4(b) of this chapter (B) Crab Processor Quota Share permit ............. Indefinite ........................................... § 680.4(c) of this chapter (C) Crab Individual Fishing Quota (IFQ) permit .. Specified fishing year ....................... § 680.4(d) of this chapter (D) Crab Individual Processor Quota (IPQ) per mit. Specified fishing year ....................... § 680.4(e) of this chapter (E) Crab IFQ hired master permit ........................ Specified fishing year ....................... § 680.4(g) of this chapter (F) Registered Crab receiver permit .................... Specified fishing year ....................... § 680.4(i) of this chapter (G) Federal crab vessel permit ............................ Specified fishing year ....................... § 680.4(k) of this chapter (H) Crab harvesting cooperative IFQ permit ....... Specified fishing year ....................... § 680.21(b) of this chapter (xv) Guided sport halibut fishery permits: (A) Charter halibut permit ............................................ Until expiration date shown on per mit. § 300.67 of this title. (B) Community charter halibut permit ......................... Indefinite ........................................... § 300.67 of this title. (C) Military charter halibut permit ................................ Indefinite ........................................... § 300.67 of this title. (D) Guided Angler Fish (GAF) permit ......................... Until expiration date shown on per mit. § 300.65 of this title. (2) Permit and logbook required by par ticipant and fishery. For the various types of permits issued, refer to § 679.5 for recordkeeping and reporting re quirements. For subsistence and GAF permits, refer to § 300.65 of this title for recordkeeping and reporting require ments. (3) Permit application—(i) Obtain and submit an application. A person may ob tain an application for a new permit or for renewal or revision of an existing permit for any of the permits under this section and must submit forms to NMFS as instructed in application in structions. With appropriate software, all permit applications may be com pleted online and printed from the Alaska Region website at http:// alaskafisheries.noaa.gov. (ii) Deficient application. Upon receipt of an incomplete or improperly com pleted permit application, the Program Administrator, RAM, will notify the applicant of the deficiency in the per mit application. If the applicant fails to correct the deficiency, the permit will not be issued. No permit will be issued to an applicant until a complete application is received. (iii) Separate permit. The operator, manager, Registered Buyer, or Reg istered Crab Receiver must obtain a separate permit for each applicant, fa cility, or vessel, as appropriate to each Federal permit in this section. (iv) The information requested on the application must be typed or printed legibly. (v) All permits are issued free of charge. (4) [Reserved] (5) Alteration. No person may alter, erase, mutilate, or forge any permit or document issued under this section. Any such permit or document that is intentionally altered, erased, muti lated, or forged is invalid. (6) Disclosure. NMFS will maintain a list of permitted processors that may be disclosed for public inspection. (7) Sanctions and denials. Procedures governing sanctions and denials are found at subpart D of 15 CFR part 904. Such procedures are required for en forcement purposes, not administrative purposes. (8) Harvesting privilege. Quota shares, permits, or licenses issued pursuant to this part are neither a right to the re source nor any interest that is subject to the ‘‘takings’’ provision of the Fifth Amendment to the U.S. Constitution. Rather, such quota shares, permits, or licenses represent only a harvesting privilege that may be revoked or amended subject to the requirements of the Magnuson-Stevens Act and other applicable law. (9) Permit surrender. (i) The Regional Administrator will recognize the vol untary surrender of a permit issued in this section, if a permit may be surren dered and if it is submitted by the per son named on the permit, owner of record, or authorized representative. (ii) Submit the original permit, ex cept for an FFP or an FPP, to NMFS, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00553 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 544 50 CFR Ch. VI (10–1–22 Edition) § 679.4 P.O. Box 21668, Juneau, AK 99802. For surrender of an FFP and FPP, respec tively, refer to paragraphs (b)(3)(ii) and (f)(3)(ii) of this section. (iii) Objective written evidence is considered proof of a timely applica tion. The responsibility remains with the sender to prove when the applica tion to amend or to surrender a permit was received by NMFS (i.e., by certified mail or other method that provides written evidence that NMFS Alaska Region received it). (iv) For applications delivered by hand delivery or carrier only, the re ceiving date of signature by NMFS staff is the date the application was re ceived. If the application is submitted by fax or mail, the receiving date of the application is the date stamped re ceived by NMFS. (b) Federal fisheries permit (FFP)—(1) Requirements. (i) No vessel of the United States may be used to retain groundfish in the GOA or BSAI or en gage in any fishery in the GOA or BSAI that requires retention of groundfish, unless the owner or authorized rep resentative first obtains an FFP for the vessel, issued under this part. An FFP is issued without charge. Only persons who are U.S. citizens are au thorized to receive or hold an FFP. (ii) Each vessel within the GOA or BSAI that retains groundfish must have a legible copy of a valid FFP on board at all times. (2) Vessel operations categories. An FFP authorizes a vessel owner or au thorized representative to deploy a ves sel to conduct operations in the GOA or BSAI under the following categories: Catcher vessel, catcher/processor, mothership, tender vessel, or support vessel. A vessel may not be operated in a category other than as specified on the FFP, except that a catcher vessel, catcher/processor, mothership, or ten der vessel may be operated as a support vessel. (3) Duration—(i) Length of permit effec tiveness. NMFS issues FFPs on a three year cycle and an FFP is in effect from the effective date through the expira tion date, as indicated on the FFP, un less the FFP is revoked, suspended, surrendered in accordance with para graph (a)(9) of this section, or modified under § 600.735 or § 600.740 of this chap ter. (ii) Surrendered permit—(A) An FFP may be voluntarily surrendered in ac cordance with paragraph (a)(9) of this section. Except as provided under para graphs (b)(3)(ii)(B) and (C) of this sec tion, if surrendered, an FFP may be re issued in the same fishing year in which it was surrendered. (B) For the BSAI, NMFS will not re issue a surrendered FFP to the owner or authorized representative of a vessel named on an FFP that has been issued with endorsements for catcher/proc essor or catcher vessel operation type; trawl, pot, and/or hook-and-line gear type; and the BSAI area, until after the expiration date of the surrendered FFP as initially issued. (C) For the GOA, NMFS will not re issue a surrendered FFP to the owner or authorized representative of a vessel named on an FFP that has been issued a GOA area endorsement and any com bination of endorsements for catcher/ processor operation type, catcher ves sel operation type, trawl gear type, hook-and-line gear type, pot gear type, and/or jig gear type, until after the ex piration date of the surrendered FFP. (D) An owner or authorized rep resentative, who applied for and re ceived an FFP, must notify NMFS of the intention to surrender the FFP by submitting an FFP application found at the NMFS Web site at http:// www.alaskafisheries.noaa.gov and indi cating on the application that sur render of the permit is requested. Upon receipt and processing of an FFP sur render application, NMFS will with draw the FFP from active status in the FFP data bases. (iii) Amended permit—(A) An owner or authorized representative who applied for and received an FFP, must notify NMFS of any change in the permit in formation by submitting an FFP appli cation found at the NMFS Web site at http://alaskafisheries.noaa.gov. The owner or authorized representative must submit the application form as instructed on the form. Except as pro vided under paragraphs (b)(3)(iii)(B) and (C) of this section, upon receipt and approval of an application form for permit amendment, NMFS will issue an amended FFP. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00554 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 545 Fishery Conservation and Management ยง 679.4 (B) In the BSAI, NMFS will not ap prove an application to amend an FFP to remove a catcher/processor or catch er vessel operation type endorsement, trawl gear type endorsement, pot gear type endorsement, hook-and-line gear type endorsement, or BSAI area en dorsement from an FFP that has been issued with endorsements for catcher/ processor or catcher vessel operation type, trawl, pot, or hook-and-line gear type, and the BSAI area. (C) In the GOA, NMFS will not ap prove an application to amend an FFP to remove endorsements for catcher/ processor operation type, catcher ves sel operation type, trawl gear type, hook-and-line gear type, pot gear type, or jig gear type, and the GOA area. (D) If the application for an amended FFP required under this section des ignates a change or addition of a vessel operations category or any other en dorsement, a legible copy of the valid, amended FFP must be on board the vessel before the new or modified type of operation begins. (E) Selections for species endorse ments will remain valid until an FFP is amended to remove those endorse ments or the FFP with these endorse ments is surrendered or revoked. (4) Submittal of application. NMFS will process a request for an FFP provided that the application form contains the information specified on the form, with all required fields accurately com pleted and all required documentation attached. This application form must be submitted to NMFS using the meth ods described on the form. The vessel owner must sign and date the applica tion form certifying that all informa tion is true, correct, and complete. If the owner is not an individual, the au thorized representative must sign and date the application form. An applica tion form for an FFP will be provided by NMFS or is available from NMFS Alaska Region Web site at http:// alaskafisheries.noaa.gov. The acceptable submittal methods will be described on the application form. (5) Issuance. (i) Except as provided in subpart D of 15 CFR part 904, upon re ceipt of a properly completed permit application, the Regional Adminis trator will issue an FFP required by this paragraph (b). (ii) The Regional Administrator will send an FFP with the appropriate logbooks to the owner or authorized representative, as provided under ยง 679.5. (iii) NMFS will reissue an FFP to the owner or authorized representative who holds an FFP issued for a vessel if that vessel is subject to sideboard pro visions as described under ยง 679.82(d) through (f). (iv) NMFS will reissue an FFP to the owner or authorized representative who holds an FFP issued to an Amend ment 80 vessel. (6) Transfer. An FFP issued under this paragraph (b) is not transferable or assignable and is valid only for the vessel for which it is issued. (7) Inspection. A legible copy of a valid FFP issued under this paragraph (b) must be carried on board the vessel at all times operations are conducted under this type of permit and must be presented for inspection upon the re quest of any authorized officer. (c) [Reserved] (d) IFQ permits, IFQ hired master per mits, and Registered Buyer permits. The permits described in this section are required in addition to the permit and licensing requirements prescribed in the annual management measures pub lished in the FEDERAL REGISTER pursu ant to ยง 300.62 of this title and in the permit requirements of this section. (1) IFQ permit. (i) An IFQ permit au thorizes the person identified on the permit to harvest IFQ halibut or IFQ sablefish from a specified IFQ regu latory area at any time during an open fishing season during the fishing year for which the IFQ permit is issued until the amount harvested is equal to the amount specified under the permit, or until the permit is revoked, sus pended, surrendered in accordance with paragraph (a)(9) of this section, or modified under 15 CFR part 904. (ii) A legible copy of any IFQ permit that specifies the IFQ regulatory area and vessel length overall from which IFQ halibut or IFQ sablefish may be harvested by the IFQ permit holder must be carried on board the vessel used by the permitted person to har vest IFQ halibut or IFQ sablefish at all times that such fish are retained on board. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00555 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 546 50 CFR Ch. VI (10–1–22 Edition) § 679.4 (iii) An IFQ permit may be volun tarily surrendered in accordance with paragraph (a)(9) of this section. An an nual IFQ permit will not be reissued in the same fishing year in which it was surrendered, but a new annual IFQ per mit may be issued to the quota share holder of record in a subsequent fishing year. (iv) An RFQ permit account identi fies the amount of RFQ authorized for use by charter vessel anglers in Area 2C or Area 3A. The number of pounds of RFQ allocated to the RFQ permit ac count will be added to the annual guid ed sport catch limit under the catch sharing plan (described at 50 CFR 300.65(c)) for the appropriate IFQ regu latory area, Area 2C or Area 3A. (2) IFQ hired master permit. (i) An IFQ hired master permit authorizes the in dividual identified on the IFQ hired master permit to land IFQ halibut or IFQ sablefish for debit against the specified IFQ permit until the IFQ hired master permit expires, or is re voked, suspended, surrendered in ac cordance with paragraph (a)(9) of this section, or modified under 15 CFR part 904, or cancelled on request of the IFQ permit holder. (ii) A legible copy of an IFQ hired master permit issued to an eligible in dividual in accordance with § 679.42(i) and (j) by the Regional Administrator must be onboard the vessel that har vests IFQ halibut or IFQ sablefish at all times that such fish are retained onboard by a hired master. Except as specified in § 679.42(d), an individual that is issued an IFQ hired master per mit must remain onboard the vessel used to harvest IFQ halibut or IFQ sa blefish with that IFQ hired master per mit during the IFQ fishing trip and at the landing site during all IFQ land ings. (iii) Each IFQ hired master permit issued by the Regional Administrator will display an IFQ permit number and the name of the individual authorized by the IFQ permit holder to land IFQ halibut or IFQ sablefish for debit against the IFQ permit holder’s IFQ. In addition, IFQ hired master permits will also display the ADF&G vessel identi fication number of the authorized ves sel. (iv) An IFQ hired master permit may be voluntarily surrendered in accord ance with paragraph (a)(9) of this sec tion. An IFQ hired master permit may be reissued to the permit holder of record in the same fishing year in which it was surrendered. (3) Registered Buyer permit. (i) A Reg istered Buyer permit authorizes the person identified on the permit to re ceive and make an IFQ landing by an IFQ permit holder or IFQ hired master permit holder or to receive and make a CDQ halibut landing by a CDQ permit holder or CDQ hired master permit holder at any time during the fishing year for which it is issued until the Registered Buyer permit expires, or is revoked, suspended, surrendered in ac cordance with paragraph (a)(9) of this section, or modified under 15 CFR part 904. (ii) A Registered Buyer permit is re quired of: (A) Any person who receives IFQ hal ibut, CDQ halibut or IFQ sablefish from the person(s) who harvested the fish; (B) Any person who harvests IFQ hal ibut, CDQ halibut or IFQ sablefish and transfers such fish in a dockside sale, outside of an IFQ regulatory area, or outside the State of Alaska. (C) A vessel operator who submits a Departure Report (see § 679.5(l)(4)). (iii) A Registered Buyer permit is issued on an annual cycle defined as March 1 through the end of February of the next calendar year, to persons that have a Registered Buyer application approved by the Regional Adminis trator. (iv) For the Registered Buyer appli cation to be considered complete, all fees due to NMFS under § 679.55 at the time of application must be paid. (v) A Registered Buyer permit is in effect from the first day of March in the year for which it is issued or from the date of issuance, whichever is later, through the end of the current annual cycle, unless it is revoked, suspended, surrendered in accordance with para graph (a)(9) of this section, or modified under § 600.735 or § 600.740 of this chap ter. (vi) A Registered Buyer permit may be voluntarily surrendered in accord ance with paragraph (a)(9) of this sec tion. A Registered Buyer permit may VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00556 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 547 Fishery Conservation and Management § 679.4 be reissued to the permit holder of record in the same fishing year in which it was surrendered. (4) Issuance. The Regional Adminis trator will issue IFQ permits and IFQ hired master permits annually or at other times as needed to accommodate transfers, revocations, appeals resolu tion, and other changes in QS or IFQ holdings, and designation of masters under § 679.42. (5) Transfer. The quota shares and IFQ issued under this section are not transferable, except as provided under § 679.41. IFQ hired master permits and Registered Buyer permits issued under this paragraph (d) are not transferable. (6) Inspection—(i) IFQ permit and IFQ hired master permit. (A) The IFQ permit holder must present a legible copy of the IFQ permit for inspection on re quest of any authorized officer or Reg istered Buyer receiving IFQ species. (B) The IFQ hired master permit holder must present a legible copy of the IFQ permit and a legible copy of the IFQ hired master permit for inspec tion on request of any authorized offi cer or Registered Buyer receiving IFQ species. (ii) Registered Buyer permit. A legible copy of the Registered Buyer permit must be present at the location of an IFQ landing or CDQ halibut landing and must be made available by an indi vidual representing the Registered Buyer for inspection on request of any authorized officer. (7) Validity. An IFQ permit issued under this part is valid only if the IFQ permit holder has paid all IFQ fees that are due as a result of final agency ac tion as specified in §§ 679.45 and 679.5(l)(7)(ii). (e) Halibut CDQ permits and CDQ hired master permits—(1) Requirements. (i) The CDQ group, the operator of the vessel, the manager of a shoreside processor or stationary floating processor, and the Registered Buyer must comply with the requirements of this paragraph (e) for the catch of CDQ halibut. (ii) The CDQ group, vessel owner or operator, and Registered Buyer are subject to all of the IFQ prohibitions at § 679.7(f). (2) Halibut CDQ permit. The CDQ group must obtain a halibut CDQ per mit issued by the Regional Adminis trator. The vessel operator must have a legible copy of a halibut CDQ permit on any fishing vessel operated by, or for, a CDQ group that will have halibut CDQ on board and must make the permit available for inspection by an author ized officer. A halibut CDQ permit is non-transferable and is issued annually until revoked, suspended, surrendered, or modified. A halibut CDQ permit may be voluntarily surrendered in accord ance with paragraph (a)(9) of this sec tion. A halibut CDQ permit will not be reissued in the same fishing year in which it was surrendered, but a new an nual halibut CDQ permit may be issued in a subsequent fishing year to the CDQ group entitled to a CDQ halibut allocation. (3) An individual must have on board the vessel a legible copy of his or her halibut CDQ hired master permit issued by the Regional Administrator while harvesting and landing any CDQ halibut. Each halibut CDQ hired mas ter permit will identify a CDQ permit number and the individual authorized by the CDQ group to land halibut for debit against the CDQ group’s halibut CDQ. A halibut CDQ hired master per mit may be voluntarily surrendered in accordance with paragraph (a)(9) of this section. A halibut CDQ hired mas ter permit may be reissued to the per mit holder of record in the same fish ing year in which it was surrendered. (4) Alteration. No person may alter, erase, mutilate, or forge a halibut CDQ permit, hired master permit, Reg istered Buyer permit, or any valid or current permit or document issued under this part. Any such permit or document that has been intentionally altered, erased, mutilated, or forged is invalid. (5) Landings. A person may land CDQ halibut only if he or she has a valid halibut CDQ hired master permit. The person(s) holding the halibut CDQ hired master permit and the Registered buyer must comply with the require ments of § 679.5(g) and (l)(1) through (6). (f) Federal processor permit (FPP)—(1) Requirement. No shoreside processor of the United States, SFP, or CQE float ing processor defined at § 679.2 may re ceive, process, purchase, or arrange to purchase unprocessed groundfish har vested in the GOA or BSAI, unless the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00557 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 548 50 CFR Ch. VI (10–1–22 Edition) § 679.4 owner or authorized representative first obtains an FPP issued under this part. A processor may not be operated in a category other than as specified on the FPP. An FPP is issued without charge. (2) FPP application. To obtain, amend, renew, or surrender an FPP, the owner or authorized representative must com plete an FPP application form per the instructions at http:// alaskafisheries.noaa.gov. (i) Fees. For the FPP application to be considered complete, all fees due to NMFS from the owner or authorized representative of a shoreside processor or SFP or person named on a Reg istered Buyer permit subject to the ob server fee as specified at § 679.55(c) at the time of application must be paid. (ii) Signature. The owner or author ized representative of the shoreside processor, SFP, or CQE floating proc essor must sign and date the applica tion form, certifying that all informa tion is true, correct, and complete to the best of his/her knowledge and be lief. If the application form is com pleted by an authorized representative, proof of authorization must accompany the application form. (3) Duration—(i) Length of effective ness. An FPP is in effect from the effec tive date through the date of permit expiration, unless it is revoked, sus pended, surrendered in accordance with paragraph (a)(9) of this section, or modified under § 600.735 or § 600.740 of this chapter. (ii) Surrendered permit. (A) An FPP may be voluntarily surrendered in ac cordance with paragraph (a)(9) of this section. An FPP may be reissued to the permit holder of record in the same fishing year in which it was surren dered. (B) An owner or authorized rep resentative, who applied for and re ceived an FPP, must notify NMFS of the intention to surrender the FPP by submitting an FPP application form found at the NMFS Web site at http:// alaskafisheries.noaa.gov and indicating on the application form that surrender of the FPP is requested. Upon receipt and processing of an FPP surrender ap plication form, NMFS will withdraw the FPP from active status in permit data bases. (iii) Amended permit—(A) Requirement. An owner or authorized representative, who applied for and received an FPP, must notify NMFS of any change in the permit information by submitting an FPP application form found at the NMFS Web site at http:// alaskafisheries.noaa.gov. The owner or authorized representative must submit the application form as instructed on the form. Upon receipt and approval of an FPP amendment application form, NMFS will issue an amended FPP. (B) GOA Inshore Processing endorse ment. A GOA inshore processing en dorsement is required in order to proc ess GOA inshore pollock and Eastern GOA inshore Pacific cod. If an SFP owner or authorized representative holds an FPP with a GOA Inshore Proc essing endorsement, the SFP is prohib ited from processing GOA pollock and GOA Pacific cod in more than one sin gle geographic location during a fish ing year and is also prohibited from op erating as a catcher/processor in the BSAI. Once issued, a GOA Inshore Processing endorsement cannot be sur rendered for the duration of a fishing year. (C) CQE Floating Processor endorse ment. If a vessel owner or authorized representative holds an FPP with a GOA Inshore Processing endorsement in order to process Pacific cod within the marine municipal boundaries of CQE communities in the Western or Central GOA, the vessel must not meet the definition of an SFP and must not have harvested groundfish off Alaska in the same calendar year. (D) Vessels are prohibited from hold ing both a GOA CQE Floating Proc essor endorsement and a GOA SFP en dorsement during the same calendar year. (4) Transfer. An FPP issued under this paragraph (f) is not transferable or assignable and is valid only for the processor for which it is issued. (5) Inspection. A legible copy of a valid FPP issued under this paragraph (f) must be on site at the shoreside processor, SFP, or CQE floating proc essor at all times and must be pre sented for inspection upon the request of any authorized officer. (g) Scallop LLP—(1) General require ments. (i) In addition to the permit and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00558 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 549 Fishery Conservation and Management § 679.4 licensing requirements prescribed in this part, each vessel within the EEZ off Alaska that is catching and retain ing scallops, must have an original scallop LLP license onboard at all times it is catching and retaining scal lops. This scallop LLP license, issued by NMFS, authorizes the person named on the license to catch and retain scal lops in compliance with State of Alas ka regulations and only with a vessel that does not exceed the maximum LOA specified on the license and the gear designation specified on the li cense. (ii) A scallop LLP license may be vol untarily surrendered in accordance with paragraph (a)(9) of this section. A surrendered scallop LLP license will cease to exist and will not be subse quently reissued. (2) Qualifications for a scallop LLP li cense. A scallop LLP license will be issued to an eligible applicant who: (i) Is a qualified person; (ii) Was named on a State of Alaska scallop moratorium permit or Federal scallop moratorium permit on Feb ruary 8, 1999; (iii) Used the moratorium permit held on February 8, 1999, to make legal landings of scallops in each of any 2 calendar years during the qualification period beginning January 1, 1996, through October 9, 1998; and (iv) Submitted a complete applica tion for a scallop license during the ap plication period specified pursuant to paragraph (g)(4) of this section. (3) Scallop license conditions and en dorsements. A scallop license authorizes the license holder to catch and retain scallops only if the vessel length and gear used do not exceed the vessel length and gear endorsements specified on the license. These endorsements will be determined as follows. (i) The MLOA specified on the scallop license is equal to the length overall on February 8, 1999, of the longest vessel that was authorized by a Federal or State of Alaska Scallop Moratorium Permit to harvest scallops and used by the eligible applicant to make legal landings of scallops during the scallop LLP qualification period, as specified at § 679.4(g)(2)(iii) of this part. (ii) The gear specified on a scallop li cense will be restricted to two dredges with a combined width of no more than 20 feet (6.1 m) in all areas if the eligible applicant was a moratorium permit holder with a Scallop Registration Area H (Cook Inlet) endorsement and did not make a legal landing of scal lops caught outside Area H during the qualification period specified in para graph (g)(2)(iii) of this section. (4) Application for a scallop license—(i) General. The Regional Administrator will issue a scallop license to an appli cant if a complete application is sub mitted by or on behalf of the applicant during the specified application period, and if that applicant meets all the cri teria for eligibility in this part. An ap plication that is postmarked or hand delivered after the ending date for the application period for the scallop LLP specified in paragraph § 679.4(g)(4)(ii) will be denied. An application form will be sent to the last known address of the person identified as an eligible ap plicant by the official LLP record. An application form may be requested from the Regional Administrator. (ii) Application Period. January 16, 2001, through February 12, 2001. (iii) Contents of application. To be complete, an application for a scallop license must be signed and dated by the applicant, or the individual rep resenting the applicant, and contain the following information, as applica ble: (A) Scallop Moratorium Permit num ber under which legal landings of scal lops were made during the qualifica tion period specified in paragraph (g)(2)(iii) of this section; (B) Name, business address, tele phone number, FAX number, and social security number or tax ID number of the applicant, and whether the appli cant is a U.S. citizen or a U.S. busi ness; (C) Name of the managing company, if any; (D) Evidence of legal landings in the qualifying years and registration areas; (E) For the vessel(s) being used as the basis for eligibility for a license, the name, state registration number (e.g., ADF&G number), the USCG docu mentation number, and valid evidence of the LOA on February 8, 1999, of the longest vessel used by the applicant VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00559 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 550 50 CFR Ch. VI (10–1–22 Edition) § 679.4 during the qualification period speci fied in paragraph (g)(2)(iii) of this sec tion. (iv) Successor-in-interest. If an appli cant is applying as the successor-in-in terest to an eligible applicant, an ap plication, to be complete, also must contain valid evidence proving the ap plicant’s status as a successor-in-inter est to that eligible applicant and: (A) Valid evidence of the death of that eligible applicant at the time of application, if the eligible applicant was an individual; or (B) Valid evidence that the eligible applicant is no longer in existence at the time of application, if the eligible applicant is not an individual. (v) Application evaluation. The Re gional Administrator will evaluate an application submitted during the speci fied application period and compare all claims in the application with the in formation in the official LLP record. Claims in the application that are con sistent with information in the official LLP record will be accepted by the Re gional Administrator. Inconsistent claims in the application, unless verified by evidence, will not be accept ed. An applicant who submits incon sistent claims, or an applicant who fails to submit the information speci fied in paragraphs (g)(4)(iii) and (g)(4)(iv) of this section, will be pro vided a 60-day evidentiary period pur suant to paragraph (g)(4)(vii) of this section to submit the specified infor mation, submit evidence to verify his or her inconsistent claims, or submit a revised application with claims con sistent with information in the official LLP record. An applicant who submits claims that are inconsistent with infor mation in the official LLP record has the burden of proving that the sub mitted claims are correct. (vi) Additional information or evidence. The Regional Administrator will evalu ate additional information or evidence to support an applicant’s inconsistent claims submitted within the 60-day evi dentiary period pursuant to paragraph (g)(4)(vii) of this section. If the Re gional Administrator determines that the additional information or evidence meets the applicant’s burden of proving that the inconsistent claims in his or her application are correct, the official LLP record will be amended and the in formation will be used in determining whether the applicant is eligible for a license. However, if the Regional Ad ministrator determines that the addi tional information or evidence does not meet the applicant’s burden of proving that the inconsistent claims in his or her application is correct, the appli cant will be notified by an initial ad ministrative determination, pursuant to paragraph (g)(4)(viii) of this section, that the applicant did not meet the burden of proof to change the informa tion in the official LLP record. (vii) 60-day evidentiary period. The Re gional Administrator will specify by letter a 60-day evidentiary period dur ing which an applicant may provide ad ditional information or evidence to support the claims made in his or her application, or to submit a revised ap plication with claims consistent with information in the official LLP record, if the Regional Administrator deter mines that the applicant did not meet the burden of proving that the informa tion on the application is correct through evidence provided with the ap plication. Also, an applicant who fails to submit information as specified in paragraphs (g)(4)(iii) and (g)(4)(iv) of this section will have 60 days to pro vide that information. An applicant will be limited to one 60-day evi dentiary period. Additional informa tion or evidence, or a revised applica tion, received after the 60-day evi dentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination. (viii) Initial administrative determina tions (IAD). The Regional Adminis trator will prepare and send an IAD to the applicant following the expiration of the 60-day evidentiary period if the Regional Administrator determines that the information or evidence pro vided by the applicant fails to support the applicant’s claims and is insuffi cient to rebut the presumption that the official LLP record is correct, or if the additional information, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 60-day evidentiary period. The IAD will indicate the deficiencies in VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00560 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 551 Fishery Conservation and Management § 679.4 the application, including any defi ciencies with the information, the evi dence submitted in support of the in formation, or the revised application. The IAD will also indicate which claims cannot be approved based on the available information or evidence. An applicant who receives an IAD may ap peal pursuant to § 679.43. An applicant who avails himself or herself of the op portunity to appeal an IAD will not re ceive a transferable license until after the final resolution of that appeal in the applicant’s favor. (ix) Issuance of a non-transferable li cense. The Regional Administrator will issue a non-transferable license to the applicant at the same time notification is provided to the applicant of his or her 60-day evidentiary period if issuance is required by the license re newal provisions of 5 U.S.C. 558. A non transferable license authorizes a person to catch and retain scallops as speci fied on the non-transferable license, and will have the specific endorse ments and designations based on the claims in his or her application. A non transferable license will expire upon final agency action. (5) Transfer of a Scallop License—(i) General. The Regional Administrator will approve the transfer of a scallop li cense if a complete transfer application is submitted to Restricted Access Man agement, Alaska Region, NMFS, and if the transfer meets all the eligibility criteria as specified in paragraph (g)(5)(ii) of this section. An application form may be requested from the Re gional Administrator. (ii) Eligibility criteria for transfers. A scallop license can be transferred if: (A) The designated transferee is eligi ble to document a fishing vessel under Chapter 121, Title 46, U.S.C.; (B) The parties to the transfer do not have any fines, civil penalties, other payments due and outstanding, or out standing permit sanctions resulting from Federal fishing violations; (C) The transfer will not cause the designated transferee to exceed the li cense limit in § 679.7(i); and (D) The transfer does not violate any other provision specified in this part. (iii) Contents of transfer application. To be complete, an application for a scallop license transfer must be signed by the license holder and the des ignated transferee, or the individuals representing them, and contain the fol lowing information, as applicable: (A) Name, business address, tele phone number, and FAX number of the license holder and of the designated transferee; (B) License number and total price being paid for the license; (C) Certification that the designated transferee is a U.S. citizen, or a U.S. corporation, partnership, or other asso ciation; (D) A legible copy of a contract or sales agreement that specifies the li cense to be transferred, the license holder, the designated transferee, the monetary value or the terms of the li cense transfer; and (E) Other information the Regional Administrator deems necessary for measuring program performance. (iv) Incomplete applications. The Re gional Administrator will return an in complete transfer application to the applicant and identify any deficiencies if the Regional Administrator deter mines that the application does not meet all the criteria identified in para graph (g)(5) of this section. (v) Transfer by court order, operation of law, or as part of a security agreement. The Regional Administrator will trans fer a scallop license based on a court order, operation of law, or a security agreement if the Regional Adminis trator determines that the transfer ap plication is complete and the transfer will not violate any of the provisions of this section. (h) [Reserved] (i) Exempted fisheries permits. (See § 679.6.) (j) Prohibited species donation program permits. (See § 679.26(a)(3).) (k) Licenses for license limitation (LLP) groundfish or crab species—(1) General re quirements. (i) In addition to the permit and licensing requirements of this part, and except as provided in paragraph (k)(2) of this section, each vessel within the GOA or the BSAI must have an LLP groundfish license on board at all times it is engaged in fishing activities defined in § 679.2 as directed fishing for license limitation groundfish. This groundfish license, issued by NMFS to a qualified person, authorizes a license VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00561 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 552 50 CFR Ch. VI (10–1–22 Edition) § 679.4 holder to deploy a vessel to conduct di rected fishing for license limitation groundfish only in accordance with the specific area and species endorsements, the vessel and gear designations, the MLOA specified on the license, and any exemption from the MLOA specified on the license. (ii) Each vessel must have a crab spe cies license, defined in § 679.2, issued by NMFS on board at all times it is en gaged in fishing activities for the crab fisheries identified in this paragraph. A crab species license may be used only to participate in the fisheries endorsed on the license and on a vessel that complies with the vessel designation and MLOA specified on the license. NMFS requires a crab species license endorsed for participation in the fol lowing crab fisheries: (A) Aleutian Islands Area C. opilio. (B) Norton Sound red king and Nor ton Sound blue king in waters of the EEZ with a western boundary of 168° W. long., a southern boundary of 62° N. lat., and a northern boundary of 65°36′ N. lat.; (C) Minor Species endorsement for Bering Sea golden king crab (Lithodes aequispinus). (2) Exempt vessels. Notwithstanding the requirements of paragraph (k)(1) of this section, (i) A catcher vessel or catcher/proc essor vessel that does not exceed 26 ft (7.9 m) LOA may conduct directed fish ing for license limitation groundfish in the GOA without a groundfish license; (ii) A catcher vessel or catcher/proc essor vessel that does not exceed 32 ft (9.8 m) LOA may conduct directed fish ing for license limitation groundfish in the BSAI without a groundfish license and may conduct directed fishing for crab species in the Bering Sea and Aleutian Islands Area without a crab species license; (iii) A vessel may use a maximum of five jig machines, one line per jig ma chine, and a maximum of 30 hooks per line, to conduct directed fishing for li cense limitation groundfish in the GOA without a groundfish license; (iv) A catcher vessel or catcher/proc essor vessel that does not exceed 60 ft (18.3 m) LOA may use a maximum of 5 jig machines, one line per jig machine, and a maximum of 15 hooks per line, to conduct directed fishing for license limitation groundfish in the BSAI without a groundfish license; (v) A catcher vessel or catcher/proc essor vessel that does not exceed 125 ft (38.1 m) LOA, and during the period after November 18, 1992, through Octo ber 9, 1998, was specifically constructed for and used exclusively in accordance with a CDP approved by NMFS, and is designed and equipped to meet specific needs that are described in the CDP, is exempted from the requirement to have a LLP groundfish license to con duct directed fishing for license limita tion groundfish in the GOA and in the BSAI area and a crab species license to fish for crab species in the Bering Sea and Aleutian Islands Area; or (vi) The operator of a catcher vessel that is greater than 32 ft (9.8 m) LOA, that does not exceed 46 ft (14.0 m) LOA, and that is registered by a CDQ group following the procedures described in § 679.5(m) may use hook-and-line gear to conduct groundfish CDQ fishing without a groundfish license. (3) Vessel and gear designations and vessel length categories—(i) Vessel MLOA—(A) General. A license may be used only on a vessel designated on the license, a vessel that complies with the vessel designation and gear designation specified on the license, and a vessel that has an LOA less than or equal to the MLOA specified on the license, un less the license specifies that the vessel is exempt from the MLOA on the li cense. (B) Modification of license MLOA for groundfish licenses with a Pacific cod en dorsement in the GOA. (1) A groundfish license with a specified MLOA less than or equal to 50 feet prior to April 21, 2011 that subsequently receives a Pacific cod endorsement in the GOA with a catcher vessel and pot gear des ignation as specified under paragraph (k)(10) of this section will be redesig nated with an MLOA of 50 feet on the date that the Pacific cod endorsement is assigned to that groundfish license; (2) A groundfish license with a speci fied MLOA greater than or equal to 60 feet: (i) That was continuously assigned to a single vessel less than 60 feet LOA from January 1, 2002, through Decem ber 8, 2008; and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00562 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 553 Fishery Conservation and Management § 679.4 (ii) That met the landing thresholds applicable for a groundfish license with a specified MLOA of less than 60 feet for the specific gear designation(s) and regulatory area(s) applicable to that groundfish license as described in para graph (k)(10) of this section, will be re designated with an MLOA equal to the LOA of the vessel to which that groundfish license was assigned from January 1, 2002, through December 8, 2008, based on the LOA for that vessel in NMFS’ non-trawl gear recent par ticipation official record on April 21, 2011, or as specified by a marine survey conducted by an independent certified marine surveyor or naval architect provided that the license holder pro vides NMFS with a marine survey con ducted by an independent certified ma rine surveyor or naval architect not later than 90 days after April 21, 2011 that specifies the LOA of the vessel to which that groundfish license was as signed. (3) The MLOA specified on a ground fish license under paragraph (k)(3)(i)(B)(2) of this section may not exceed 60 feet. (C) Modification of the MLOA on an Amendment 80 LLP license or an Amend ment 80 LLP/QS license. The MLOA des ignated on an Amendment 80 LLP li cense or an Amendment 80 LLP/QS li cense will be 295 ft. (89.9 m) if an Amendment 80 replacement vessel is designated on the license following the approval of a license transfer request under paragraph (k)(7) of this section. (D) Modification of the MLOA on a groundfish LLP license listed in column A of Table 9 to this part. (1) Each ground fish LLP license endorsed to catch and process Pacific cod with hook-and-line gear in the BS or AI, or both, and des ignated in column B of Table 9 to this part will receive a 220-foot (67 m) MLOA following February 6, 2014. (2) Each groundfish LLP license en dorsed to catch and process Pacific cod with hook-and-line gear in the BS or AI, or both, and designated in column C of Table 9 to this part is eligible to be assigned a 220-foot (67 m) MLOA if the LLP holder submits a timely writ ten request to remove all pot gear Pa cific cod endorsements on that LLP following the process established under paragraph (k)(6)(xi) of this section. (E) Exemption from MLOA on an LLP license with a Bering Sea area endorse ment or an Aleutian Islands area endorse ment for AFA rebuilt or AFA replacement vessels. An AFA rebuilt vessel or an AFA replacement vessel may exceed the MLOA on an LLP groundfish li cense with a Bering Sea area endorse ment or an Aleutian Islands area en dorsement when the vessel is con ducting directed fishing for groundfish in the BSAI pursuant to that LLP groundfish license and when the ex emption is specified on the LLP li cense. (ii) Vessel designations—(A) Catcher/ processor vessel. A license will be as signed a catcher/processor vessel des ignation if: (1) For license limitation groundfish, license limitation groundfish were processed on the vessel that qualified for the groundfish license under para graph (k)(4) of this section during the period January 1, 1994, through June 17, 1995, or in the most recent calendar year of participation during the area endorsement qualifying period speci fied in paragraph (k)(4)(ii) of this sec tion; or (2) For crab species, crab species were processed on the vessel that qualified for the crab species license under para graph (k)(5) of this section during the period January 1, 1994, through Decem ber 31, 1994, or in the most recent cal endar year of participation during the area endorsement qualifying period specified in paragraph (k)(5)(ii) of this section. (3) For purposes of paragraphs (k)(3)(ii)(A)(1) and (k)(3)(ii)(A)(2) of this section, evidence of processing must be demonstrated by production reports or other valid documentation dem onstrating that processing occurred on the vessel during the relevant period. (B) Catcher vessel. A license will be assigned a catcher vessel designation if it does not meet the criteria in para graph (k)(3)(ii)(A)(1) or (k)(3)(ii)(A)(2) of this section to be assigned a catcher/ processor vessel designation. (C) Changing a vessel designation. A person who holds a groundfish license or a crab species license with a catcher/ processor vessel designation may, upon request to the Regional Administrator, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00563 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 554 50 CFR Ch. VI (10–1–22 Edition) § 679.4 have the license reissued with a catch er vessel designation. The vessel des ignation change to a catcher vessel will be permanent, and that license will be valid for only those activities specified in the definition of catcher vessel des ignation at § 679.2. (D) Limited processing by catcher ves sels. Up to 1 mt of round weight equiva lent of license limitation groundfish or crab species may be processed per day on a vessel less than or equal to 60 ft (18.3 m) LOA that is authorized to fish with an LLP license with a catcher vessel designation. (iii) Vessel length categories. A vessel’s eligibility will be determined using the following three vessel length cat egories, which are based on the vessel’s LOA on June 17, 1995, or, if the vessel was under reconstruction on June 17, 1995, the vessel’s length on the date that reconstruction was completed. (A) Vessel length category ‘‘A’’ if the LOA of the qualifying vessel on the rel evant date was equal to or greater than 125 ft (38.1 m) LOA. (B) Vessel length category ‘‘B’’ if the LOA of the qualifying vessel on the rel evant date was equal to or greater than 60 ft (18.3 m) but less than 125 ft (38.1 m) LOA. (C) Vessel length category ‘‘C’’ if the LOA of the qualifying vessel on the rel evant date was less than 60 ft (18.3 m) LOA. (iv) Gear designations for groundfish li censes—(A) General. A vessel may only use gear consistent with the gear des ignation on the LLP license author izing the use of that vessel to fish for license limitation groundfish or crab species, except that a vessel fishing under authority of an LLP license en dorsed only for trawl gear may fish for slope rockfish with non-trawl gear within the Gulf of Alaska Slope Habi tat Conservation Areas, as described in Table 27 to this part. (B) Trawl/non-trawl. A license will be assigned a trawl/non-trawl gear des ignation if trawl and non-trawl gear were used to harvest LLP species from the qualifying vessel during the period beginning January 1, 1988, through June 17, 1995. (C) Trawl. A license will be assigned a trawl gear designation if only trawl gear was used to harvest LLP species from the qualifying vessel during the period beginning January 1, 1988, through June 17, 1995. (D) Non-trawl. A license will be as signed a non-trawl gear designation if only non-trawl gear was used to har vest LLP species from the qualifying vessel during the period beginning Jan uary 1, 1988, through June 17, 1995. (E) Changing a gear designation. (1) An applicant may request a change of gear designation based on gear used from the vessel during the period beginning June 18, 1995, through February 7, 1998. Such a change would be permanent and may only be used for a change from trawl to non-trawl or from non-trawl to trawl. (2) An applicant may request a change of gear designation based on a significant financial investment in converting a vessel or purchasing fish ing gear on or before February 7, 1998, and making a documented harvest with that gear on or before December 31, 1998. Such a change would be perma nent and may only be used for a change from trawl to non-trawl or from non trawl to trawl. (F) Definitions of non-trawl gear and significant financial investment. (1) For purposes of paragraph (k)(3)(iv) of this section, non-trawl gear means any legal gear, other than trawl, used to harvest license limitation groundfish. (2) For purposes of paragraph (k)(3)(iv)(E)(2) of this section, ‘‘signifi cant financial investment’’ means hav ing spent at least $100,000 toward vessel conversion and/or gear to change to trawl gear from non-trawl gear, or hav ing acquired groundline, hooks, pots, jig machines, or hauling equipment to change to non-trawl gear from trawl gear. (4) Qualifications for a groundfish li cense. A groundfish license will be issued to an eligible applicant that meets the criteria in paragraphs (k)(4)(i) and (k)(4)(ii) of this section. For purposes of the license limitation program, evidence of a documented harvest must be demonstrated by a state catch report, a Federal catch re port, or other valid documentation that indicates the amount of license limitation groundfish harvested, the groundfish reporting area in which the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00564 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 555 Fishery Conservation and Management § 679.4 license limitation groundfish was har vested, the vessel and gear type used to harvest the license limitation ground fish, and the date of harvesting, land ing, or reporting. State catch reports are Alaska, California, Oregon, or Washington fish tickets. Federal catch reports are production reports required under § 679.5. (i) General qualification periods (GQP). This table provides the GQP docu mented harvest requirements for LLP groundfish licenses: A groundfish license will be assigned... if the requirements found in the table at § 679.4(k)(4)(ii) are met for the area en dorsement and at least one documented harvest of license limitation groundfish was caught and retained in... during the period... (A) One or more area endorsements in the table at § 679.4(k)(4)(ii)(A) or (B) the BSAI or waters shoreward of the BSAI (1) Beginning January 1, 1988, through June 27, 1992; or (2) Beginning January 1, 1988, through December 31, 1994, provided that the harvest was of license limitation groundfish using pot or jig gear from a vessel that was less than 60 ft (18.3 m) LOA; or (3) Beginning January 1, 1988, through June 17, 1995, provided that, during the period beginning January 1, 1988, through February 9, 1992, a documented harvest of crab species was made from the vessel, and, during the period beginning February 10, 1992, through De cember 11, 1994, a documented harvest of groundfish species, except sablefish landed using fixed gear, was made from the vessel in the GOA or the BSAI using trawl or longline gear. (B) One or more area endorsements in the table at § 679.4(k)(4)(ii)(C) through (O) the GOA or in waters shoreward of the GOA (1) Beginning January 1, 1988, through June 27, 1992; or (2) Beginning January 1, 1988, through December 31, 1994, provided that the harvest was of license limitation groundfish using pot or jig gear from a vessel that was less than 60 ft (18.3 m) LOA; or (3) Beginning January 1, 1988, through June 17, 1995, provided that, during the period beginning January 1, 1988, through February 9, 1992, a documented harvest of crab species was made from the vessel, and, during the period beginning February 10, 1992, through De cember 11, 1994, a documented harvest landing of groundfish species, except sablefish landed using fixed gear, was made from the vessel in the GOA or the BSAI using trawl or longline gear. (ii) Endorsement qualification periods (EQP). This table provides the documented harvest requirements for LLP groundfish license area endorsements: A groundfish license will be assigned... if... during the period... in... from a vessel in vessel length category... and that meets the requirements for a... (A) An Aleutian Island area endorsement at least one documented harvest of any amount of license limitation groundfish was made. beginning January 1, 1992, through June 17, 1995. the Aleutian Islands Subarea or in waters shoreward of that area. ‘‘A’’, ‘‘B’’, or ‘‘C’’ catcher/ processor designation or a catcher vessel designation. (B) A Bering Sea area en dorsement at least one documented harvest of any amount of license limitation groundfish was made. beginning January 1, 1992, through June 17, 1995. the Bering Sea Sub area or in waters shoreward of that area. ‘‘A’’, ‘‘B’’, or ‘‘C’’ catcher/ processor designation or a catcher vessel designation. (C) A Western Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two cal endar years. beginning January 1, 1992, through June 17, 1995. the Western GOA regulatory area or in waters shoreward of that area. ‘‘A’’ catcher/ processor designation or a catcher vessel designation; or (D) A Western Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made. beginning January 1, 1992, through June 17, 1995. the Western Area of the Gulf of Alaska or in waters shore ward of that area. ‘‘B’’ catcher vessel designation; or (E) A Western Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two cal endar years. beginning January 1, 1992, through June 17, 1995. the Western Area of the Gulf of Alaska or in waters shore ward of that area. ‘‘B’’ catcher/processor vessel designa tion; or VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00565 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 556 50 CFR Ch. VI (10–1–22 Edition) § 679.4 A groundfish license will be assigned... if... during the period... in... from a vessel in vessel length category... and that meets the requirements for a... (F) A Western Gulf area endorsement at least four documented harvest of any amount of license limitation groundfish were made. beginning January 1, 1995, through June 17, 1995. the Western Area of the Gulf of Alaska or in waters shore ward of that area. ‘‘B’’ catcher/processor vessel designa tion; or (G) A Western Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made. beginning January 1, 1992, through June 17, 1995. the Western Area of the Gulf of Alaska or in waters shore ward of that area. ‘‘C’’ catcher/processor designation or a catcher vessel designation. (H) A Central Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two cal endar years. beginning January 1, 1992, through June 17, 1995. the Central area of the Gulf of Alaska or in waters shore ward of that area, or in the West Yak utat District or in waters shoreward of that district. ‘‘A’’ catcher/processor designation or a catcher vessel designation; or (I) A Central Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two cal endar years. beginning January 1, 1992, through June 17, 1995. the Central area of the Gulf of Alaska or in waters shore ward of that area, or in the West Yak utat District or in waters shoreward of that district. ‘‘B’’ catcher/processor designation or a catcher vessel designation; or (J) A Central Gulf area endorsement at least four documented harvest of any amount of license limitation groundfish were made. beginning January 1, 1995, through June 17, 1995. the Central area of the Gulf of Alaska or in waters shore ward of that area, or in the West Yak utat District or in waters shoreward of that district. ‘‘B’’ catcher/processor designation or a catcher vessel designation; or (K) A Central Gulf area endorsement at least one documented harvest of any amount of license limitation groundfish was made. beginning January 1, 1992, through June 17, 1995. the Central area of the Gulf of Alaska or in waters shore ward of that area, or in the West Yak utat District or in waters shoreward of that district. ‘‘C’’ catcher/processor designation or a catcher vessel designation. (L) A South east Outside area en dorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two cal endar years. beginning January 1, 1992, through June 17, 1995. in the Southeast Out side District or in waters shoreward of that district. ‘‘A’’ catcher/processor designation or a catcher vessel designation; or (M) A South east Outside area en dorsement at least one documented harvest of any amount of license limitation groundfish was made in each of any two cal endar years. beginning January 1, 1992, through June 17, 1995. in the Southeast Out side District or in waters shoreward of that district. ‘‘B’’ catcher/processor designation or a catcher vessel designation; or (N) A South east Outside area en dorsement at least four documented harvest of any amount of license limitation groundfish were made. beginning January 1, 1995, through June 17, 1995. in the Southeast Out side District or in waters shoreward of that district. ‘‘B’’ catcher/processor designation or a catcher vessel designation; or (O) A South east Outside area en dorsement at least one documented harvest of any amount of license limitation groundfish was made. beginning January 1, 1992, through June 17, 1995. in the Southeast Out side District or in waters shoreward of that district. ‘‘C’’ catcher/processor designation or a catcher vessel designation. (iii) An eligible applicant that is issued a groundfish license based on a vessel’s qualifications in the table at paragraphs (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of this section must choose only one area endorsement for that groundfish license even if docu mented harvests qualifies the eligible applicant for more than one area en dorsement. (iv) Notwithstanding the provisions in paragraph (k)(4)(i) of this section, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00566 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 557 Fishery Conservation and Management ยง 679.4 NMFS will issue a groundfish license with the appropriate area endorse ments to an eligible applicant whose vessel meets the requirements in the table at paragraph (k)(4)(i)(A) of this section, and the requirements in the table at any of the paragraphs (k)(4)(ii)(C) through (O) of this section, except: (A) From whose vessel no docu mented harvests were made in the GOA or waters shoreward of the GOA during the period beginning January 1, 1988, through June 27, 1992, and (B) From whose vessel no docu mented harvests were made in the BSAI or waters shoreward of the BSAI during the period beginning January 1, 1992, through June 17, 1995. (v) Notwithstanding the provisions in paragraph (k)(4)(i) of this section, a groundfish license with the appropriate area endorsements will be issued to an eligible applicant whose vessel meets the requirements in the tables at para graphs (k)(4)(i) and (k)(4)(ii) and (A) or (B) of this section, except: (A) From whose vessel no docu mented harvests were made in the BSAI or waters shoreward of the BSAI during the period beginning January 1, 1988, through June 27, 1992, and (B) From whose vessel no docu mented harvests were made in the GOA or waters shoreward of the GOA during the period beginning January 1, 1992, through June 17, 1995. (vi) Trawl gear designation recent par ticipation requirements. (A) NMFS will revoke any trawl gear designation on a groundfish license with an Aleutian Is land, Bering Sea, Central Gulf, or Western Gulf regulatory area unless one of the following conditions apply: (1) A person made at least two legal landings using trawl gear under the au thority of that groundfish license in that regulatory area during the period from January 1, 2000, through Decem ber 31, 2006; or (2) That trawl gear designation en dorsed in that area is exempt from the requirements of this paragraph (k)(4)(vi)(A) as described under para graphs (k)(4)(vii) or (k)(4)(viii) of this section. (B) NMFS shall assign a legal landing to a groundfish license for an area based only on information contained in the official record described in para graph (k)(4)(x) of this section. (vii) Exemption to trawl gear recent participation requirements for the AFA, Amendment 80 Program, and Rockfish Program. (A) Trawl gear designations with Bering Sea or Aleutian Islands area endorsements on a groundfish li cense that was derived in whole or in part from the qualifying fishing his tory of an AFA vessel are exempt from the landing requirements in paragraph (k)(4)(vi) of this section. (B) Trawl gear designations with Ber ing Sea or Aleutian Islands area en dorsements on a groundfish license are exempt from the landing requirements in paragraph (k)(4)(vi) of this section provided that all of the following con ditions apply: (1) The groundfish license was not de rived in whole or in part from the qualifying fishing history of an AFA vessel; (2) The groundfish license is assigned to an AFA vessel on August 14, 2009; and (3) No other groundfish license with a Bering Sea or Aleutian Island area en dorsement is assigned to that AFA ves sel on August 14, 2009. (C) Trawl gear designations with Ber ing Sea or Aleutian Islands area en dorsements on a groundfish license that is listed in Column C of Table 31 to this part are exempt from the land ing requirements in paragraph (k)(4)(vi) of this section. (D) A trawl gear designation with Central Gulf area endorsement on a groundfish license that is assigned Rockfish QS is exempt from the land ing requirements in paragraph (k)(4)(vi) of this section. (viii) Exemption to trawl gear recent participation requirements for groundfish licenses with a Central Gulf or Western Gulf area endorsement. A trawl gear des ignation with a Central Gulf or West ern Gulf area endorsement on a groundfish license is exempt from the landing requirements in paragraph (k)(4)(vi) of this section provided that a person made at least 20 legal landings under the authority of that groundfish license in either the Central Gulf or Western Gulf area using trawl gear during the period from January 1, 2005, through December 31, 2007. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00567 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 558 50 CFR Ch. VI (10–1–22 Edition) § 679.4 (ix) Aleutian Island area endorsements for non-AFA trawl catcher vessels. (A) If a non-AFA catcher vessel that is less than 60 feet LOA was used to make at least 500 mt of legal landings of Pacific cod using trawl gear from the waters that were open by the State of Alaska for which it adopts a Federal fishing season adjacent to the Aleutian Islands Subarea during the period from Janu ary 1, 2000, through December 31, 2006, according to the official record, NMFS shall issue an Aleutian Island area en dorsement with a trawl gear designa tion to a groundfish license assigned to the vessel owner according to the offi cial record, provided that the ground fish license assigned to that non-AFA catcher vessel meets all of the fol lowing requirements: (1) It was not derived in whole or in part from the qualifying fishing his tory of an AFA vessel; (2) It has a trawl gear designation; (3) It does not have a catcher/proc essor vessel designation; and (4) That groundfish license has an MLOA of less than 60 feet. (B) If a non-AFA catcher vessel that is equal to or greater than 60 feet LOA was used to make at least one legal landing in State of Alaska waters adja cent to the Aleutian Islands Subarea using trawl gear during the period from January 1, 2000, through December 31, 2006, or one landing of Pacific cod from the State of Alaska Pacific cod fishery during the period from January 1, 2000, through December 31, 2006, according to the official record, NMFS shall issue an Aleutian Island area endorsement with a trawl gear designation to a groundfish license assigned to the ves sel owner according to the official record, provided that the groundfish li cense assigned to that non-AFA catch er vessel meets the following criteria: (1) It was not derived in whole or in part from the qualifying fishing his tory of an AFA vessel; (2) It has a trawl gear designation; (3) It does not have a catcher/proc essor vessel designation; and (4) At least 1,000 mt of legal landings of Pacific cod using trawl gear in the BSAI were made under the authority of that groundfish license during the pe riod from January 1, 2000, through De cember 31, 2006, according to the offi cial record. (C) NMFS will assign the AI endorse ment to an eligible groundfish license held and designated by the vessel owner beginning on August 14, 2009. (D) If the vessel owner does not hold a groundfish license to which an AI en dorsement may be assigned on August 14, 2009 according to the official record, the vessel owner will have the oppor tunity to amend the official record as described in paragraph (k)(4)(x) of this section to designate an otherwise eligi ble groundfish license. If the official record is subsequently amended, NMFS will assign the AI endorsement to the groundfish license specified in the amended official record. (x) Trawl gear recent participation offi cial record. (A) The official record will contain all information used by the Re gional Administrator to determine the following: (1) The number of legal landings as signed to a groundfish license for pur poses of the trawl gear designation par ticipation requirements described in paragraph (k)(4)(vi) of this section; (2) The amount of legal landings as signed to a groundfish license for pur poses of the AI endorsements described in paragraph (k)(4)(ix) of this section; (3) The owner of a vessel that has made legal landings that may generate an AI endorsement as described in paragraph (k)(4)(ix) of this section; and (4) All other relevant information necessary to administer the require ments described in paragraphs (k)(4)(vi) through (k)(4)(ix) of this sec tion. (B) The official record is presumed to be correct. A groundfish license holder has the burden to prove otherwise. For the purposes of creating the official record, the Regional Administrator will presume the following: (1) A groundfish license is presumed to have been used onboard the same vessel from which that groundfish li cense was derived, the original quali fying vessel, during the calendar years 2000 and 2001, unless clear and unam biguous written documentation is pro vided that establishes otherwise; (2) If more than one person is claim ing the same legal landing, then each groundfish license for which the legal VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00568 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 559 Fishery Conservation and Management § 679.4 landing is being claimed will be cred ited with the legal landing; (3) The groundfish license to which an AI endorsement described in para graph (k)(4)(ix) of this section will be initially assigned. (C) Only legal landings as defined in § 679.2 and documented on State of Alaska fish tickets or NMFS weekly production reports will be used to as sign legal landings to a groundfish li cense. (D) The Regional Administrator will specify by letter a 30-day evidentiary period during which an applicant may provide additional information or evi dence to amend or challenge the infor mation in the official record. A person will be limited to one 30-day evi dentiary period. Additional informa tion or evidence received after the 30 day evidentiary period specified in the letter has expired will not be consid ered for purposes of the initial admin istrative determination. (E) The Regional Administrator will prepare and send an IAD to the appli cant following the expiration of the 30 day evidentiary period if the Regional Administrator determines that the in formation or evidence provided by the person fails to support a person’s claims and is insufficient to rebut the presumption that the official record is correct, or if the additional informa tion, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evi dentiary period. The IAD will indicate the deficiencies with the information, or the evidence submitted in support of the information. The IAD will also in dicate which claims cannot be ap proved based on the available informa tion or evidence. A person who receives an IAD may appeal pursuant to § 679.43. A person who avails himself or herself of the opportunity to appeal an IAD will receive a non-transferable license pending the final resolution of that ap peal, notwithstanding the eligibility of that applicant for some claims based on consistent information in the offi cial record. (5) Qualification for a crab species li cense. A crab species license will be issued to an eligible applicant who owned a vessel that meets the criteria in paragraphs (k)(5)(i), (k)(5)(ii), and (k)(5)(iii) of this section, except that vessels are exempt from the require ments in paragraph (k)(5)(i) of this sec tion for area/species endorsements at paragraphs (A) and (G) in the table at paragraph (k)(5)(ii) of this section. (i) General qualification period (GQP). To qualify for one or more of the area/ species endorsements in the table at paragraph (k)(5)(ii) of this section, the requirements of paragraph (k)(5)(iii) of this section must be met and: (A) At least one documented harvest of any amount of crab species must have been made from a vessel between January 1, 1988, and June 27, 1992; or (B) At least one documented harvest of any amount of crab species must have been made from a vessel between January 1, 1988, and December 31, 1994, providing that, during the period Janu ary 1, 1988, through February 9, 1992, the vessel for which the documented harvest was made also made a legal landing of any groundfish species har vested in the GOA or BSAI with any authorized gear, except sablefish caught with fixed gear, and, during the period February 10, 1992, through De cember 11, 1994, made a legal landing of any king or Tanner crab species har vested in the Bering Sea and Aleutian Islands Area. (ii) Area/species endorsements. This table provides the documented harvest requirements for LLP crab license area/species endorsements: A crab species license will be assigned... if... during the period... in... (A) A Pribilof red king and Pribilof blue king area/species en dorsement at least one documented harvest of red king crab or blue king crab was made by a vessel. beginning January 1, 1993, through December 31, 1994. the area described in the defini tion for a Pribilof red king and Pribilof blue king area/species endorsement at § 679.2. (B) A Bering Sea and Aleutian Islands Area C. opilio and C. bairdi area/species endorsement at least three documented har vests of C. opilio and C. bairdi were made by a vessel. beginning January 1, 1992, through December 31, 1994. the area described in the defini tion for a Bering Sea and Aleutian Islands Area C. opilio and C. bairdi area/species en dorsement at § 679.2. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00569 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 560 50 CFR Ch. VI (10–1–22 Edition) § 679.4 A crab species license will be assigned... if... during the period... in... (C) A St. Matthew blue king area/species endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel. beginning January 1, 1992, through December 31, 1994. the area described in the defini tion for a St. Matthew blue king area/species endorse ment at § 679.2. (D) An Aleutian Islands brown king area/spe cies endorsement at least three documented har vests of brown king crab were made by a vessel. beginning January 1, 1992, through December 31, 1994. the area described in the defini tion for an Aleutian Islands brown king area/species en dorsement at § 679.2. (E) An Aleutian Islands red king area/spe cies endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel. beginning January 1, 1992, through December 31, 1994. the area described in the defini tion for an Aleutian Islands red king area/species en dorsement at § 679.2. (F) A Bristol Bay red king area/species endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel. beginning January 1, 1991, through December 31, 1994. the area described in the defini tion for a Bristol Bay red king area/species endorsement at § 679.2. (G) A Norton Sound red king and blue king area/species endorsement at least one documented harvest of red king crab or blue king crab was made by a vessel. beginning January 1, 1993, through December 31, 1994. the area described in the defini tion for a Norton Sound red king and blue king area/spe cies endorsement at § 679.2. (iii) Recent participation period (RPP). (A) The RPP is the period from January 1, 1996, through February 7, 1998. To qualify for a crab species li cense, defined at § 679.2, a person must have made at least one documented harvest of any amount of LLP crab species from a vessel during the RPP and must have held a LLP qualifying fishing history at the time of that doc umented harvest. A LLP qualifying fishing history meets the documented harvest requirements at paragraphs (k)(5)(i) and (k)(5)(ii) of this section. (B) Exceptions to the RPP. A person does not need to meet the documented harvest requirements in paragraph (k)(5)(iii)(A) of this section if he or she deployed a vessel that met the docu mented harvest requirements in para graph (k)(5)(i) of this section, if appli cable, paragraph (k)(5)(ii) of this sec tion, and: (1) Only qualifies area/species en dorsement at paragraph (G) in the table at paragraph (k)(5)(ii). (2) Those documented harvests were made from a vessel that meets the re quirements for vessel length category ‘‘C’’. (3) The vessel used to meet the docu ment harvest requirements in para graphs (k) (5) (i) and (k) (5) (ii) of this section was lost or destroyed, and he or she made a documented harvest of crab species any time during the period be ginning after the vessel was lost or de stroyed but before January 1, 2000. (iv) Exception to allow purchase of LLP qualifying fishing history after the documented harvest in the RPP. To qualify for a LLP crab species license, a person who made a documented har vest of LLP crab species during the pe riod from January 1, 1998, through Feb ruary 7, 1998, must have obtained, or entered into a contract to obtain, the LLP qualifying fishing history by 8:36 a.m. Alaska local time on October 10, 1998, (v) A qualified person who owned a vessel on June 17, 1995, that met the re quirements in paragraphs (k)(5)(i) and (ii) of this section, but whose vessel was unable to meet requirements of paragraph (k)(5)(iii) of this section be cause of unavoidable circumstances (i.e., the vessel was lost damaged, or otherwise unable to participate in the license limitation crab fisheries) may receive a license if the qualified person is able to demonstrate that: (A) The owner of the vessel at the time of the unavoidable circumstance held a specific intent to conduct fish ing for license limitation crab species with that vessel during a specific time period in a specific area; (B) The specific intent to conduct di rected fishing for license limitation crab species was thwarted by a cir cumstance that was: (1) Unavoidable; (2) Unique to the owner of that ves sel, or unique to that vessel; and (3) Unforeseen and reasonably unfore seeable to the owner of the vessel; VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00570 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 561 Fishery Conservation and Management § 679.4 (C) The circumstance that prevented the owner from conducting directed fishing for license limitation crab spe cies actually occurred; (D) Under the circumstances, the owner of the vessel took all reasonable steps to overcome the circumstances that prevented the owner from con ducting directed fishing for license lim itation crab species; and (E) Any amount of license limitation crab species was harvested on the ves sel after the vessel was prevented from participating but before January 1, 2000. (vi) A groundfish license or crab spe cies license may be used on a vessel that is named on the license, that com plies with the vessel designation, and that does not exceed the MLOA on the license. (6) Application for a groundfish license or a crab species license—(i) General. The Regional Administrator will issue a groundfish license or a crab species li cense to an applicant if a complete ap plication is submitted by or on behalf of the applicant during the specified application period, and if that appli cant meets all the criteria for eligi bility in paragraph (k) of this section. An application that is postmarked or delivered after the ending date for the application period for the License Lim itation Program specified in the FED ERAL REGISTER will be denied. An ap plication form will be sent to the last known address of a person identified as an eligible applicant by the official LLP record. An application form may be requested from the Regional Admin istrator. (ii) Application period. An application period of no less than 90 days will be specified by notification in the FED ERAL REGISTER and other information sources deemed appropriate by the Re gional Administrator. (iii) Contents of application. To be complete, an application for a ground fish license or a crab species license must be signed by the applicant, or the individual representing the applicant, and contain the following, as applica ble: (A) Name, business address, tele phone number, and FAX number of the applicant; (B) Name, state registration number (e.g., ADF&G number), and, if applica ble, the USCG documentation number of the vessel being used as the basis for eligibility for a license; and name, state registration number (e.g., ADF&G number), and, if applicable, the USCG documentation number of the vessel to be deployed with the license if different than the vessel used as the basis of eligibility for a license; (C) Name of the managing company, if any; (D) Valid evidence of the documented harvests that are the basis of eligi bility for a license, including harvest area, gear used, date of landing, and, if applying for a crab species license, spe cies; (E) Valid evidence of LOA on June 24, 1992, of the vessel used as the basis of eligibility for a license, except if that vessel was under reconstruction on that date, valid evidence of LOA on the date reconstruction was completed and valid evidence of when reconstruction began and ended; (F) Valid evidence of LOA on June 17, 1995, of the vessel used as the basis of eligibility for a license, except if that vessel was under reconstruction on that date, valid evidence of LOA on the date reconstruction was completed, and valid evidence of when reconstruc tion began and ended; (G) Valid evidence to support the ap plicant’s claim for a vessel designation of catcher vessel or catcher/processor vessel; (H) Valid evidence of ownership of the vessel being used as the basis for eligibility for a license (for USCG docu mented vessels, valid evidence must be the USCG Abstract of Title), or if eligi bility is based on a fishing history that has been separated from a vessel, valid evidence of ownership of the fishing history being used as the basis of eligi bility for a license; and (I) Valid evidence of the LOA of the vessel to be deployed by the license if different than the vessel used as the basis for eligibility for a license. (iv) Other information required for spe cial circumstances. (A) Successor-in-interest. If an appli cant is applying as the successor-in-in terest to an eligible applicant, an ap plication, to be complete, also must VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00571 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 562 50 CFR Ch. VI (10–1–22 Edition) § 679.4 contain valid evidence proving the ap plicant’s status as a successor-in-inter est to that eligible applicant and: (1) Valid evidence of the death of that eligible applicant at the time of appli cation, if the eligible applicant was or is an individual; or (2) Valid evidence that the eligible applicant is no longer in existence at the time of application, if the eligible applicant is not an individual. (B) Norton Sound crab species license endorsement. If an applicant is applying for a crab species license endorsement for Norton Sound and if the applicant is a person, an application, to be com plete, must contain valid evidence that the applicant was a State of Alaska permit holder for the Norton Sound king crab summer fishery in 1993 or 1994. If the applicant is a corporation, an application, to be complete, must contain valid evidence that the cor poration owned or had a lease for a ves sel on June 17, 1995, that participated in the Norton Sound king crab summer fishery in 1993 or 1994. (C) Extended general qualification pe riod. If an applicant is applying for a li cense based on meeting the general qualification period requirements of paragraph (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of this section, the appli cation, to be complete, must indicate which single endorsement area the ap plicant has selected for license. A li cense cannot be endorsed for more than one area, notwithstanding the fact that the applicant may have the docu mented harvests to qualify for more than one endorsement area. (D) Unavoidable circumstances. If a person is claiming that unavoidable circumstances prevented him or her from meeting certain eligibility re quirements for a license under para graph (k) of this section, he or she must provide the information required in the particular paragraph of this sec tion authorizing such a claim, and in clude valid evidence of the date the vessel was lost, damaged, or otherwise unable to participate in the fishery, and the date a documented harvest was made after the vessel was unable to participate in the fishery by the un avoidable circumstance. (v) Application evaluation. The Re gional Administrator will evaluate an application submitted during the speci fied application period and compare all claims in the application with the in formation in the official LLP record. Claims in the application that are con sistent with information in the official LLP record will be accepted by the Re gional Administrator. Inconsistent claims in the application, unless verified by evidence, will not be accept ed. Pursuant to paragraph (k)(6)(vii) of this section, an applicant who submits inconsistent claims, or an applicant who fails to submit the information specified in paragraphs (k)(6)(iii) and (k)(6)(iv) of this section, will be pro vided a 60-day evidentiary period pur suant to paragraph (k)(6)(vii) of this section to submit the specified infor mation, submit evidence to verify his or her inconsistent claims, or submit a revised application with claims con sistent with information in the official LLP record. An applicant who submits claims that are inconsistent with infor mation in the official LLP record has the burden of proving that the sub mitted claims are correct. (vi) Additional information or evidence. The Regional Administrator will evalu ate additional information or evidence to support an applicant’s inconsistent claims submitted within the 60-day evi dentiary period pursuant to paragraph (k)(6)(vii) of this section. If the Re gional Administrator determines that the additional information or evidence meets the applicant’s burden of proving that the inconsistent claims in his or her application is correct, the official LLP record will be amended and the in formation will be used in determining whether the applicant is eligible for a license. However, if the Regional Ad ministrator determines that the addi tional information or evidence does not meet the applicant’s burden of proving that the inconsistent claims in his or her application is correct, the appli cant will be notified by an initial ad ministrative determination, pursuant to paragraph (k)(6)(viii) of this section, that the applicant did not meet the burden of proof to change the informa tion in the official LLP record. (vii) 60-day evidentiary period. The Re gional Administrator will specify by VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00572 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 563 Fishery Conservation and Management § 679.4 letter a 60-day evidentiary period dur ing which an applicant may provide ad ditional information or evidence to support the claims made in his or her application, or to submit a revised ap plication with claims consistent with information in the official LLP record, if the Regional Administrator deter mines that the applicant did not meet the burden of proving that the informa tion on the application is correct through evidence provided with the ap plication. Also, an applicant who fails to submit information as specified in paragraphs (k)(6)(iii) and (k)(6)(iv) of this section will have 60 days to pro vide that information. An applicant will be limited to one 60-day evi dentiary period. Additional informa tion or evidence, or a revised applica tion, received after the 60-day evi dentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination. (viii) Initial administrative determina tions (IAD). The Regional will prepare and send an IAD to the applicant fol lowing the expiration of the 60-day evi dentiary period if the Regional Admin istrator determines that the informa tion or evidence provided by the appli cant fails to support the applicant’s claims and is insufficient to rebut the presumption that the official LLP record is correct, or if the additional information, evidence, or revised appli cation is not provided within the time period specified in the letter that noti fies the applicant of his or her 60-day evidentiary period. The IAD will indi cate the deficiencies in the application, including any deficiencies with the in formation, the evidence submitted in support of the information, or the re vised application. The IAD will also in dicate which claims cannot be ap proved based on the available informa tion or evidence. An applicant who re ceives an IAD may appeal pursuant to § 679.43. An applicant who avails him self or herself of the opportunity to ap peal an IAD will not receive a transfer able license until after the final resolu tion of that appeal, notwithstanding the eligibility of that applicant for some claims based on consistent infor mation in the application. (ix) Issuance of a non-transferable li cense. The Regional Administrator will issue a non-transferable license to the applicant on issuance of an IAD if re quired by the license renewal provi sions of 5 U.S.C. 558. A non-transferable license authorizes a person to deploy a vessel to conduct directed fishing for license limitation groundfish or crab species as specified on the non-trans ferable license, and will have the spe cific endorsements and designations based on the claims in his or her appli cation. A non-transferable license will expire upon final agency action. (x) Surrender of groundfish or crab LLP. A groundfish or crab LLP license may be voluntarily surrendered in ac cordance with paragraph (a)(9) of this section. A surrendered groundfish or crab LLP license will cease to exist and will not be subsequently reissued. (xi) Surrender and extinguishment of a groundfish LLP endorsement. Endorse ments specified on a groundfish LLP li cense are not severable from a license and cannot be surrendered except that pot gear Pacific cod endorsements specified on groundfish LLP licenses listed in Column C of Table 9 to this part, can be permanently surrendered, removed, and extinguished if: (A) The holder of the groundfish LLP license listed in Column C of Table 9 to this part requests, in writing, that NMFS permanently remove and extin guish all pot gear Pacific cod endorse ments specified on that LLP license and acknowledges in that written re quest that the surrender and removal are permanent and irreversible and that all pot gear Pacific cod endorse ments on that LLP license are extin guished; (B) The holder of the groundfish LLP license listed in Column C of Table 9 to this part requests, in writing, that NMFS assign a 220-foot (67 m) MLOA on that LLP license; (C) The holder of the eligible LLP li cense, or the authorized agent, signs the request; (D) NMFS receives the written re quest to permanently remove and ex tinguish all pot gear Pacific cod en dorsements specified on the LLP groundfish license by February 6, 2017; and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00573 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 564 50 CFR Ch. VI (10–1–22 Edition) § 679.4 (E) The written request is submitted to NMFS using one of the following methods: (1) Mail: Regional Administrator, c/o Restricted Access Management Pro gram, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; (2) Fax: 907–586–7354; or (3) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, Juneau, AK 99801. (7) Transfer of a groundfish license or a crab species license—(i) General. The Re gional Administrator will transfer a groundfish license, Aleutian Island area endorsement as described under paragraph (k)(7)(viii)(A) of this section, or a crab species license if a complete transfer application is submitted to Restricted Access Management, Alaska Region, NMFS, and if the transfer meets the eligibility criteria as speci fied in paragraph (k)(7)(ii) of this sec tion. A transfer application form may be requested from the Regional Admin istrator. (ii) Eligibility criteria for transfers. A groundfish license, Aleutian Island area endorsement as described under paragraph (k)(7)(viii)(A) of this section, or crab species license can be trans ferred if the following conditions are met: (A) The designated transferee is eligi ble to document a fishing vessel under Chapter 121, Title 46, U.S.C.; (B) The parties to the transfer do not have any fines, civil penalties, other payments due and outstanding, or out standing permit sanctions resulting from Federal fishing violations; (C) The transfer will not cause the designated transferee to exceed the li cense caps in § 679.7(i); and (D) The transfer does not violate any other provision specified in this part. (iii) Contents of application. To be complete, an application for a ground fish license, Aleutian Island area en dorsement as described under para graph (k)(7)(viii)(A) of this section transfer, or a crab species license transfer must be legible, have dated signatures of the applicants, and the applicants must attest that, to the best of the applicant’s knowledge, all state ments in the application are true. An application to transfer will be provided by NMFS, or is available on the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov. The acceptable submittal methods will be specified on the application form. (iv) Incomplete applications. The Re gional Administrator will return an in complete transfer application to the applicant and identify any deficiencies if the Regional Administrator deter mines that the application does not meet all the criteria identified in para graph (k)(7) of this section. (v) Transfer by court order, operation of law, or as part of a security agreement. The Regional Administrator will trans fer a groundfish license, Aleutian Is land area endorsement as described under paragraph (k)(7)(viii)(A) of this section, or a crab species license based on a court order, operation of law, or a security agreement if the Regional Ad ministrator determines that the trans fer application is complete and the transfer will not violate any of the pro visions of this section. (vi) Voluntary transfer limitation. A groundfish license, Aleutian Island area endorsement as described under paragraph (k)(7)(viii)(A) of this section, or a crab species license may be volun tarily transferred only once in any cal endar year. A voluntary transfer is a transfer other than one pursuant to a court order, operation of law, or a secu rity agreement. An application for transfer that would cause a person to exceed the transfer limit of this provi sion will not be approved. A transfer of an Aleutian Island area endorsement as described under paragraph (k)(7)(viii)(A) of this section to another LLP license, or the transfer of a groundfish license with an Aleutian Is land area endorsement as described under paragraph (k)(7)(viii)(A) of this section attached to it will be consid ered to be a transfer of that Aleutian Island area endorsement. (vii) Request to change the designated vessel. (A) A request to change the ves sel designated on an LLP groundfish or crab species license must be made on a transfer application. If this request is approved and made separately from a license transfer, it will count towards the annual limit on voluntary transfers specified in paragraph (k)(7)(vi) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00574 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 565 Fishery Conservation and Management § 679.4 (B) A request to change the vessel designated on an Amendment 80 LLP license or an Amendment 80 LLP/QS li cense must be made on an Application for Amendment 80 Replacement Vessel in accordance with § 679.4(o)(4)(ii). The MLOA modification specified at para graph (k)(3)(i)(C) of this section will be effective when a complete application is submitted to NMFS in accordance with paragraph (k)(7) of this section, and the application is approved by the Regional Administrator. (viii) Severability of licenses. (A) Area endorsements or area/species endorse ments specified on a license are not severable from the license and must be transferred together, except that Aleu tian Island area endorsements on a groundfish license with a trawl gear designation issued under the provisions of paragraph (k)(4)(ix)(A) of this sec tion and that are assigned to a ground fish license with an MLOA of less than 60 feet LOA may be transferred sepa rately from the groundfish license to which that Aleutian Island area en dorsement was originally issued to an other groundfish license provided that the groundfish license to which that Aleutian Island endorsement is trans ferred: (1) Was not derived in whole or in part from the qualifying fishing his tory of an AFA vessel; (2) Has a catcher vessel designation; (3) Has a trawl gear designation; (4) Has an MLOA of less than 60 feet LOA; and (5) A complete transfer application is submitted to the Regional Adminis trator as described under this para graph (k)(7), and that application is ap proved. (B) A groundfish license and a crab species license issued based on the legal landings of the same vessel and initially issued to the same qualified person are not severable and must be transferred together. (ix) Other transfer restrictions. The transfer of a LLP license that was issued based on the documented har vests from a vessel that did not have an FFP during the period beginning January 1, 1988, through October 8, 1998, must be accompanied by the ves sel from which the documented har vests were made or its replacement vessel, or if the LLP license and vessel were separated by transfer prior to February 7, 1998, then by the vessel that is currently being deployed by the license holder. The Regional Adminis trator will deny a transfer application that requests the transfer of a LLP li cense that was issued based on the doc umented harvests from a vessel that did not have an FFP during the period beginning January 1, 1988, through Oc tober 8, 1998, if the appropriate vessel is not being transferred as part of the same transaction. A license holder of an LLP license that was issued based on the documented harvests from a vessel that did not have an FFP during the period beginning January 1, 1988, through October 8, 1998, may replace the vessel from which the documented harvests were made with another ves sel that meets the vessel designation and MLOA requirements specified on the LLP license if the original quali fying vessel is lost or destroyed. (8) Other provisions. (i) Any person committing, or a fishing vessel used in the commission of, a violation of the Magnuson-Stevens Fishery Conserva tion and Management Act or any regu lations issued pursuant thereto, is sub ject to the civil and criminal penalty provisions and the civil forfeiture pro visions of the Magnuson-Stevens Fish ery Conservation and Management Act, part 621 of this chapter, 15 CFR part 904 (Civil Procedure), and other applicable law. Penalties include, but are not lim ited to, permanent or temporary sanc tions to licenses. (ii) Notwithstanding the provisions of the license limitation program in this part, vessels fishing for species other than license limitation groundfish as defined in § 679.2 that were authorized under Federal regulations to inciden tally catch license limitation ground fish without a Federal fisheries permit described at § 679.4(b) will continue to be authorized to catch the maximum retainable bycatch amounts of license limitation groundfish as provided in this part without a groundfish license. (iii) An eligible applicant, who quali fies for a groundfish license or crab species license but whose vessel on which the eligible applicant’s qualifica tion was based was lost or destroyed, will be issued a license. This license: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00575 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 566 50 CFR Ch. VI (10–1–22 Edition) § 679.4 (A) Will have the vessel designation of the lost or destroyed vessel. (B) Cannot be used to conduct di rected fishing for license limitation groundfish or to conduct directed fish ing for crab species on a vessel that has an LOA greater than the MLOA des ignated on the license. (iv) A qualified person who owned a vessel on June 17, 1995, that made a documented harvest of license limita tion groundfish, or crab species if ap plicable, between January 1, 1988, and February 9, 1992, but whose vessel was unable to meet all the criteria in para graph (k)(4) of this section for a groundfish license or paragraph (k)(5) of this section for a crab species license because of an unavoidable cir cumstance (i.e., the vessel was lost, damaged, or otherwise unable to par ticipate in the license limitation groundfish or crab fisheries) may re ceive a license if the qualified person is able to demonstrate that: (A) The owner of the vessel at the time of the unavoidable circumstance held a specific intent to conduct di rected fishing for license limitation groundfish or crab species with that vessel during a specific time period in a specific area. (B) The specific intent to conduct di rected fishing for license limitation groundfish or crab species with that vessel was thwarted by a circumstance that was: (1) Unavoidable. (2) Unique to the owner of that ves sel, or unique to that vessel. (3) Unforeseen and reasonably unfore seeable to the owner of the vessel. (C) The circumstance that prevented the owner from conducting directed fishing for license limitation ground fish or crab species actually occurred. (D) Under the circumstances, the owner of the vessel took all reasonable steps to overcome the circumstance that prevented the owner from con ducting directed fishing for license lim itation groundfish or crab species. (E) Any amount of license limitation groundfish or appropriate crab species was harvested on the vessel in the spe cific area that corresponds to the area endorsement or area/species endorse ment for which the qualified person who owned a vessel on June 17, 1995, is applying and that the license limita tion groundfish or crab species was harvested after the vessel was pre vented from participating by the un avoidable circumstance but before June 17, 1995. (v) A groundfish license or a crab spe cies license may be used on a vessel that complies with the vessel designa tion on the license and that does not exceed the MLOA on the license. (9) Pacific cod endorsements in the BSAI—(i) General. In addition to other requirements of this part, and unless specifically exempted in paragraph (k)(9)(iv) of this section, a license hold er must have a Pacific cod endorse ment on his or her groundfish license to conduct directed fishing for Pacific cod with hook-and-line or pot gear in the BSAI. A license holder can only use the specific non-trawl gear(s) indicated on his or her license to conduct di rected fishing for Pacific cod in the BSAI. (ii) Eligibility requirements for a Pacific cod endorsement. This table provides eli gibility requirements for Pacific cod endorsements on an LLP groundfish li cense: If a license holder’s li cense has a . . . And the license holder harvested Pacific cod in the BSAI with . . . Then the license holder must demonstrate that he or she harvested at least . . . In . . . To receive a Pacific cod endorsement that authorizes harvest with . . . (A) Catcher vessel des ignation. Hook-and-line gear or jig gear. 7.5 mt of Pacific cod in the BSAI. In any one of the years 1995, 1996, 1997, 1998, or 1999. Hook-and-line gear. (B) Catcher vessel des ignation. Pot gear or jig gear ....... 100,000 lb of Pacific cod in the BSAI. In each of any two of the years 1995, 1996, 1997, 1998, or 1999. Pot gear. (C) Catcher/processor vessel designation. Hook-and-line gear ....... 270 mt of Pacific cod in the BSAI. In any one of the years 1996, 1997, 1998, or 1999. Hook-and-line gear. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00576 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 567 Fishery Conservation and Management § 679.4 If a license holder’s li cense has a . . . And the license holder harvested Pacific cod in the BSAI with . . . Then the license holder must demonstrate that he or she harvested at least . . . In . . . To receive a Pacific cod endorsement that authorizes harvest with . . . (D) Catcher/processor vessel designation. Pot gear ........................ 300,000 lb of Pacific cod in the BSAI. In each of any two of the years 1995, 1996, 1997, or 1998. Pot gear. (iii) Explanations for Pacific cod en dorsements. (A) All eligibility amounts in the table at paragraph (k)(9)(ii) of this section will be determined based on round weight equivalents. (B) Discards will not count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (C) Pacific cod harvested for personal bait use will not count toward eligi bility amounts in the table at para graph (k)(9)(ii) of this section. (D) A legal landing of Pacific cod in the BSAI for commercial bait will count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (E) Harvests within the BSAI will count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section; however, a license holder will only be able to harvest Pacific cod in the specific areas in the BSAI for which he or she has an area endorse ment. (F) Harvests within the BSAI Would count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section if: (1) Those harvests were made from the vessel that was used as the basis of eligibility for the license holder’s LLP groundfish license, or (2) Those harvests were made from a vessel that was not the vessel used as the basis of eligibility for the license holder’s LLP groundfish license, pro vided that, at the time the endorse ment-qualifying Pacific cod harvests were made, the person who owned such Pacific cod endorsement-qualifying fishing history also owned the fishing history of a vessel that satisfied the re quirements for the LLP groundfish li cense. (3) Notwithstanding the provisions of paragraph (k)(9)(iii)(F)(2) of this sec tion, the LLP groundfish license quali fying history or the Pacific cod quali fying history of any one vessel may not be used to satisfy the requirements for issuance of more than one LLP ground fish license endorsed for the BSAI Pa cific cod hook-and-line or pot gear fish eries. (G) Except as provided in paragraph 679.4(k)(9)(iii)(D), only harvests of BSAI Pacific cod in the directed fish ery will count toward eligibility amounts. (iv) Exemptions to Pacific cod endorse ments. (A) Any vessel exempted from the License Limitation Program at paragraph (k)(2) of this section. (B) Any catcher vessel less than 60 ft (18.3 m) LOA. (C) Any catch of Pacific cod for per sonal use bait. (v) Combination of landings and hard ship provision. Notwithstanding the eli gibility requirements in paragraph (k)(9)(ii) of this section, a license hold er may be eligible for a Pacific cod en dorsement by meeting the following criteria. (A) Combination of landings. A license holder may combine the landings of a sunken vessel and the landings of a vessel obtained to replace a sunken vessel to satisfy the eligibility amounts in the table at paragraph (k)(9)(ii) of this section only if he or she meets the requirements in para graphs (k)(9)(v)(A)(1)–(4) of this section. No other combination of landings will satisfy the eligibility amounts in the table at paragraph (k)(9)(ii) of this sec tion. (1) The sunken vessel was used as the basis of eligibility for the license hold er’s groundfish license; (2) The sunken vessel sank after Jan uary 1, 1995; (3) The vessel obtained to replace the sunken vessel was obtained by Decem ber 31 of the year 2 years after the sunken vessel sank; and (4) The length of the vessel obtained to replace the sunken vessel does not VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00577 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 568 50 CFR Ch. VI (10–1–22 Edition) § 679.4 exceed the MLOA specified on the li cense holder’s groundfish license. (B) Hardship provision. A license hold er may be eligible for a Pacific cod en dorsement because of unavoidable cir cumstances if he or she meets the re quirements in paragraphs (k)(9)(v)(B)(1)–(4) of this section. For purposes of this hardship provision, the term license holder includes the person whose landings were used to meet the eligibility requirements for the license holder’s groundfish license, if not the same person. (1) The license holder at the time of the unavoidable circumstance held a specific intent to conduct directed fish ing for BSAI Pacific cod in a manner sufficient to meet the landing require ments in the table at paragraph (k)(9)(ii) of this section but that this intent was thwarted by a circumstance that was: (i) Unavoidable; (ii) Unique to the license holder, or unique to the vessel that was used as the basis of eligibility for the license holder’s groundfish license; and (iii) Unforeseen and reasonably un foreseeable to the license holder. (2) The circumstance that prevented the license holder from conducting di rected fishing for BSAI Pacific cod in a manner sufficient to meet the landing requirements in paragraph (k)(9)(ii) ac tually occurred; (3) The license holder took all reason able steps to overcome the cir cumstance that prevented the license holder from conducting directed fish ing for BSAI Pacific cod in a manner sufficient to meet the landing require ments in paragraph (k)(9)(ii) of this section; and (4) Any amount of Pacific cod was harvested in the BSAI aboard the ves sel that was used as the basis of eligi bility for the license holder’s ground fish license after the vessel was pre vented from participating by the un avoidable circumstance but before April 16, 2000. (10) Pacific cod endorsements in the Western and Central GOA—(i) General. In addition to other requirements of this part, and unless specifically ex empted in paragraph (k)(10)(iv) of this section, a license holder must have a Pacific cod endorsement on his or her groundfish license to conduct directed fishing for Pacific cod in the Western Gulf of Alaska or Central Gulf of Alas ka with hook-and-line gear, pot gear, or jig gear on a vessel using more than five jig machines, more than one line per machine, and more than 30 hooks per line. A license holder can only use the specific non-trawl gear(s) indicated on his or her license to conduct di rected fishing for Pacific cod in the Western Gulf of Alaska or Central Gulf of Alaska. (ii) Eligibility requirements for a Pacific cod endorsement. This table provides eli gibility requirements for Pacific cod endorsements on an LLP groundfish li cense: If a license holder’s license has a * * * And that license has an MLOA of * * * And the license holder harvested Pacific cod with * * * Then the license holder must demonstrate that he or she * * * From January 1, 2002, through December 8, 2008, in * * * To receive a Pacific cod endorsement that authorizes harvest in the directed Pacific cod fishery with * * * (A) Catcher vessel designation. <60 feet ... hook-and-line gear. legally landed at least 10 mt of Pacific cod in the di rected Pacific cod fishery. the Central Gulf of Alaska. hook-and-line gear in the Central Gulf of Alaska. (B) Catcher vessel designation. ≥60 feet ... hook-and-line gear. legally landed at least 50 mt of Pacific cod in the di rected Pacific cod fishery. the Central Gulf of Alaska. hook-and-line gear in the Central Gulf of Alaska. (C) Catcher vessel designation. <60 feet ... hook-and-line gear. legally landed at least 10 mt of Pacific cod in the di rected Pacific cod fishery. the Western Gulf of Alaska. hook-and-line gear in the Western Gulf of Alaska. (D) Catcher vessel designation. ≥60 feet ... hook-and-line gear. legally landed at least 50 mt of Pacific cod in the di rected Pacific cod fishery. the Western Gulf of Alaska. hook-and-line gear in the Western Gulf of Alaska. (E) Catcher vessel designation. <60 feet ... pot gear ....... legally landed at least 10 mt of Pacific cod in the di rected Pacific cod fishery. the Central Gulf of Alaska. pot gear in the Cen tral Gulf of Alaska. (F) Catcher vessel designation. ≥60 feet ... pot gear ....... legally landed at least 50 mt of Pacific cod in the di rected Pacific cod fishery. the Central Gulf of Alaska. pot gear in the Cen tral Gulf of Alaska. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00578 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 569 Fishery Conservation and Management § 679.4 If a license holder’s license has a * * * And that license has an MLOA of * * * And the license holder harvested Pacific cod with * * * Then the license holder must demonstrate that he or she * * * From January 1, 2002, through December 8, 2008, in * * * To receive a Pacific cod endorsement that authorizes harvest in the directed Pacific cod fishery with * * * (G) Catcher vessel designation. <60 feet ... pot gear ....... legally landed at least 10 mt of Pacific cod in the di rected Pacific cod fishery. the Western Gulf of Alaska. pot gear in the Western Gulf of Alaska. (H) Catcher vessel designation. ≥60 feet ... pot gear ....... legally landed at least 50 mt of Pacific cod in the di rected Pacific cod fishery. the Western Gulf of Alaska. pot gear in the Western Gulf of Alaska. (I) Catcher vessel des ignation. any .......... jig gear ......... at least one legal landing of Pacific cod in the directed Pacific cod fishery. the Central Gulf of Alaska. jig gear in the Cen tral Gulf of Alaska. (J) Catcher vessel designation. any .......... jig gear ......... at least one legal landing of Pacific cod in the directed Pacific cod fishery. the Western Gulf of Alaska. jig gear in the West ern Gulf of Alaska. (K) Catcher/Processor vessel designation. any .......... hook-and-line gear. legally landed at least 50 mt of Pacific cod in the di rected Pacific cod fishery. the Central Gulf of Alaska. hook-and-line gear in the Central Gulf of Alaska. (L) Catcher/Processor vessel designation. any .......... hook-and-line gear. legally landed at least 50 mt of Pacific cod in the di rected Pacific cod fishery. the Western Gulf of Alaska. hook-and-line gear in the Western Gulf of Alaska. (M) Catcher/Processor vessel designation. any .......... pot gear ....... legally landed at least 50 mt of Pacific cod in the di rected Pacific cod fishery. the Central Gulf of Alaska. pot gear in the Cen tral Gulf of Alaska. (N) Catcher/Processor vessel designation. any .......... pot gear ....... legally landed at least 50 mt of Pacific cod in the di rected Pacific cod fishery. the Central Gulf of Alaska. pot gear in the Cen tral Gulf of Alaska. (O) Catcher/Processor vessel designation. any .......... jig gear ......... at least one legal landing in the directed Pacific cod fishery. the Central Gulf of Alaska. jig gear in the Cen tral Gulf of Alaska. (P) Catcher/Processor vessel designation. any .......... jig gear ......... at least one legal landing in the directed Pacific cod fishery. the Western Gulf of Alaska. jig gear in the West ern Gulf of Alaska. (iii) Explanations for Pacific cod en dorsements. (A) All eligibility amounts in the table at paragraph (k)(10)(ii) of this section will be determined based on round weight equivalents. (B) NMFS shall assign a legal landing to a groundfish license in an area based only on information contained in the official record described in paragraph (k)(10)(v) of this section. (C) Notwithstanding the eligibility amount in the table at paragraph (k)(10)(ii) of this section, NMFS shall assign a non-trawl Pacific cod endorse ment with a catcher/processor and a hook-and-line gear designation in the regulatory areas specified to those groundfish licenses listed in Table 49 to part 679; (D) If a groundfish license meets the criteria described in paragraph (k)(3)(i)(B)(2) of this section and NMFS has redesignated the MLOA of that groundfish license based on those cri teria, then NMFS may assign a non trawl Pacific cod endorsement with the specific gear designation(s) and regu latory area(s) applicable to the redesig nated MLOA of that groundfish license based on the eligibility criteria estab lished in paragraph (k)(10)(ii) of this section; and (E) NMFS may issue groundfish li censes with non-trawl Pacific cod en dorsements to CQEs as specified in paragraph (k)(10)(vi) of this section. (iv) Exemptions to Pacific cod endorse ments. Any vessel exempted from the License Limitation Program at para graph (k)(2) of this section. (v) Non-trawl gear recent participation official record. (A) The official record will contain all information used by the Regional Administrator to deter mine the following: (1) The number of legal landings and amount of legal landings assigned to a groundfish license for purposes of the non-trawl gear designation participa tion requirements described in para graph (k)(10)(ii) of this section; (2) All other relevant information necessary to administer the require ments described in paragraphs (k)(3)(i)(B) and (k)(10) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00579 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 570 50 CFR Ch. VI (10–1–22 Edition) § 679.4 (B) The official record is presumed to be correct. A groundfish license holder has the burden to prove otherwise. (C) Only legal landings as defined in § 679.2 and documented on State of Alaska fish tickets or NMFS weekly production reports will be used to as sign legal landings to a groundfish li cense. (D) If more than one groundfish li cense holder is claiming the same legal landing because their groundfish li cense designated the vessel at the time that the legal landing was made, then each groundfish license for which the legal landing is being claimed will be credited with the legal landing. (E) The Regional Administrator will specify by letter a 30-day evidentiary period during which an applicant may provide additional information or evi dence to amend or challenge the infor mation in the official record. A person will be limited to one 30-day evi dentiary period. Additional informa tion or evidence received after the 30 day evidentiary period specified in the letter has expired will not be consid ered for purposes of the initial admin istrative determination (IAD). (F) The Regional Administrator will prepare and send an IAD to the appli cant following the expiration of the 30 day evidentiary period if the Regional Administrator determines that the in formation or evidence provided by the person fails to support the person’s claims and is insufficient to rebut the presumption that the official record is correct, or if the additional informa tion, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evi dentiary period. The IAD will indicate the deficiencies with the information, or with the evidence submitted in sup port of the information. The IAD will also indicate which claims cannot be approved based on the available infor mation or evidence. A person who re ceives an IAD may appeal pursuant to § 679.43. A person who avails himself or herself of the opportunity to appeal an IAD will receive a non-transferable li cense pending the final resolution of that appeal, notwithstanding the eligi bility of that applicant for some claims based on consistent information in the official record. (vi) Issuance of non-trawl groundfish licenses to CQEs. (A) Each CQE that has been approved by the Regional Admin istrator under the requirements of § 679.41(l)(3) to represent a community listed in Table 21 to part 679 that is eli gible for Pacific cod endorsed non trawl groundfish licenses, may apply to receive the maximum number of groundfish licenses listed in Table 21 to part 679 on behalf of the eligible com munities listed in Table 21 to part 679 that CQE is designated to represent. In order to receive a groundfish license, a CQE must submit a complete applica tion for a groundfish license to the Re gional Administer, NMFS, P.O. Box 21668, Juneau, AK 99802. A CQE may not apply for, and may not receive more than the maximum number of groundfish licenses designated in the regulatory area specified for a commu nity as listed in Table 21 to part 679. (B) The application for a CQE to re ceive a groundfish license must in clude: (1) Name of contact person(s) for the CQE, NMFS person number, permanent business mailing addresses, business phone, business e-mail, and business fax; (2) A statement describing the proce dures that will be used to determine the distribution of LLP licenses to residents of the community rep resented by that CQE; (3) Procedures used to solicit re quests from residents to be assigned an LLP license; (4) Criteria used to determine the dis tribution of the use of LLP licenses among qualified community residents and the relative weighting of those cri teria; and (5) The gear designation of ground fish license for which the CQE is apply ing provided that the community for which the CQE is applying is eligible to receive a groundfish license designated for the Central Gulf of Alaska and the application to receive a groundfish li cense has been received by NMFS not later than six months after April 21, 2011. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00580 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 571 Fishery Conservation and Management ยง 679.4 (C) A groundfish license approved for issuance to a CQE by the Regional Ad ministrator for a community listed in Table 21 to part 679: (1) May not be transferred to any per son from the CQE; (2) Will have only the regional des ignation specified for that community as listed in Table 21 to part 679; (3) Will have an MLOA of 60 feet spec ified on the license; (4) Will have only a catcher vessel designation; (5) Will receive only a non-trawl gear endorsement; (6) Will be assigned a Pacific cod en dorsement with a non-trawl gear des ignation as specified in paragraph (k)(10)(vi)(D) of this section. (7) May not be assigned to any vessel other than the vessel specified for that groundfish license in the annual CQE authorization letter; (8) May not be assigned for use by any person(s) other than the person(s) specified for that groundfish license in the annual CQE authorization letter, or any subsequent amendment to that authorization letter that is made by the CQE provided that NMFS receives that amendment prior to that person using that groundfish license aboard a vessel; and (9) May not be assigned to more than one vessel per calendar year. (D) The CQE must provide a copy of the annual CQE authorization letter, and any subsequent amendment to that authorization letter that is made by the CQE to NMFS and the vessel oper ator prior to the person(s) designated in the authorization letter using that groundfish license aboard a vessel. The vessel operator must maintain a copy of the annual CQE authorization letter, and any subsequent amendment to that authorization letter that is made by the CQE onboard the vessel when that vessel is directed fishing for Pacific cod under the authority of that groundfish license. The authorization letter, and any subsequent amendment to that au thorization letter must be sent to the Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802. (E) The CQE must attest in the an nual CQE authorization letter, or any subsequent amendment to that author ization letter, that the person(s) using a groundfish license issued to a CQE: (1) Is a citizen of the United States; (2) Has maintained a domicile in a CQE community in the Central GOA or Western GOA eligible to receive an LLP license endorsed for Pacific cod for the 12 consecutive months imme diately preceding the time when the as sertion of residence is made; and (3) Is not claiming residency in an other community, state, territory, or country, except that residents of the Village of Seldovia shall be considered to be eligible community residents of the City of Seldovia for the purposes of eligibility to serve as an authorized person. (F) Non-trawl Pacific cod gear en dorsements on groundfish licenses ap proved for issuance to CQEs by the Re gional Administrator shall have the following gear designations: (1) NMFS will issue only pot gear Pa cific cod endorsements for groundfish licenses with a Western Gulf of Alaska designation to CQEs on behalf of a community listed in Table 21 to part 679. (2) NMFS will issue either a pot gear or a hook-and-line gear Pacific cod en dorsement for a groundfish license with a Central Gulf of Alaska designation to CQEs on behalf of a community listed in Table 21 to part 679 based on the ap plication for a groundfish license as de scribed in paragraph (k)(10)(vi)(B) of this section provided that application is received by NMFS not later than six months after April 21, 2011. If an appli cation to receive a groundfish license with a Central Gulf of Alaska designa tion on behalf of a community listed in Table 21 to part 679 is received later than six months after April 21, 2011, NMFS will issue an equal number of pot gear and hook-and-line gear Pacific cod endorsements for a groundfish li cense issued to the CQE on behalf of a community listed in Table 21 to part 679. In cases where the total number of groundfish licenses issued on behalf of a community listed in Table 21 to part 679 is not even, NMFS will issue one more groundfish license with a pot gear Pacific cod endorsement than the num ber of groundfish licenses with a hook and-line gear Pacific cod endorsement. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00581 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 572 50 CFR Ch. VI (10–1–22 Edition) § 679.4 (G) An annual report on the use of Pacific cod endorsed non-trawl ground fish licenses shall be submitted by the CQE as required at § 679.5(t). (vii) Additional endorsements for groundfish license holders eligible to par ticipate in the Western and/or Central GOA Pacific cod fisheries—(A) Require ments. A license limitation groundfish license holder can elect to permanently add a catcher vessel endorsement for Pacific cod for the same gears and areas for which the license is currently endorsed, for the Western and/or Cen tral GOA if the license holder— (1) Is operating under the authority of a groundfish license endorsed for Pa cific cod in Western and Central GOA, as described at paragraphs (k)(4)(vi) or (k)(10)(ii) of this section; (2) Is endorsed to participate as a catcher/processor in the Western and/or Central GOA Pacific cod fishery; and, (3) Made a minimum of one Pacific cod landing while operating as a catch er vessel under the authority of the catcher/processor license in Federal re porting areas 610, 620, or 630, from Jan uary 1, 2002, through December 31, 2008. (4) Or, is the holder of a license limi tation groundfish license endorsed for trawl gear Western and/or Central GOA and made a minimum of one Pacific cod landing while operating as a catch er vessel under the authority of the catcher/processor license in Federal re porting areas 610, 620, or 630, from Jan uary 1, 2002 through December 31, 2008. (B) Additional Central GOA and/or Western GOA catcher vessel endorsement. Any holder of an LLP license that has a catcher vessel endorsement for the Western and/or Central GOA under paragraph (k)(10)(vii) of this section— (1) Will have all directed catch of Pa cific cod harvested under the authority of that groundfish license accrue against the respective GOA regulatory area catcher vessel allocations; and (2) Will have all incidental catch of Pacific cod in the Western GOA or Cen tral GOA Federal reporting areas 610, 620, or 630, harvested under the author ity of that groundfish license accrue against the respective GOA regulatory area catcher vessel allocations. (C) Eligible license holders not electing to add catcher vessel endorsement(s). Any holder of an LLP license that does not have a catcher vessel endorsement for the Western and/or Central GOA under (k)(10)(vii) of this section may partici pate in the Western GOA or Central GOA directed Pacific cod fishery as a catcher/processor or a catcher vessel; however, direct and incidental catch of Pacific cod in the Western GOA and Central GOA will accrue against the re spective catcher/processor allocation. (D) Multiple or stacked LLP licenses. For a vessel that does not meet the re quirements at paragraph (k)(10)(vii) of this section but does have multiple, stacked, LLP licenses and one of those stacked licenses is endorsed as a catch er/processor eligible to harvest Pacific cod in the Western GOA or Central GOA Federal reporting areas 610, 620, or 630, all catch will accrue against the catcher/processor sector allocation for that gear type. (E) Catch history. NMFS will assign legal landings to each groundfish li cense for an area based only on infor mation contained in the official record as described in paragraph (k)(10)(viii) of this section. (viii) Catcher/processor participation in the Western GOA and Central GOA offi cial record. (A) The official record will contain all information used by the Re gional Administrator to determine the following: (1) The number and amount of legal landings made under the authority of that license by gear type, and oper ational mode; (2) All other relevant information necessary to administer the require ments described in paragraphs (k)(10)(vii)(A)(1) through (k)(10)(vii)(A)(3) of this section. (B) The official record is presumed to be correct. A groundfish license holder has the burden to prove otherwise. (C) For the purposes of creating the official record, the Regional Adminis trator will presume if more than one person is claiming the same legal land ing, that each groundfish license for which the legal landing is being claimed will be credited with the legal landing; (D) Only legal landings as defined in § 679.2 and documented on State of Alaska Fish Tickets or NMFS weekly VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00582 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 573 Fishery Conservation and Management § 679.4 production reports will be used to as sign legal landings to a groundfish li cense. (E) The Regional Administrator will specify by letter a 30-day evidentiary period during which an applicant may provide additional information or evi dence to amend or challenge the infor mation in the official record. A person will be limited to one 30-day evi dentiary period. Additional informa tion or evidence received after the 30 day evidentiary period specified in the letter has expired will not be consid ered for purposes of the initial admin istrative determination. (F) The Regional Administrator will prepare and send an IAD to the appli cant following the expiration of the 30 day evidentiary period if the Regional Administrator determines that the in formation or evidence provided by the person fails to support the person’s claims and is insufficient to rebut the presumption that the official record is correct, or if the additional informa tion, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evi dentiary period. The IAD will indicate the deficiencies with the information, or the evidence submitted in support of the information. The IAD will also in dicate which claims cannot be ap proved based on the available informa tion or evidence. A person who receives an IAD may appeal pursuant to § 679.43. A person who avails himself or herself of the opportunity to appeal an IAD that is accepted by the National Ap peals Office will receive a non-transfer able license pending the final resolu tion of that appeal, notwithstanding the eligibility of that applicant for some claims based on consistent infor mation in the official record. (11) Restrictions on licenses earned on AFA catcher vessels and listed AFA catcher/processors. No person may use an LLP license that was derived in whole or in part from the qualifying fishing history of an AFA catcher ves sel or a listed AFA catcher/processor to fish for groundfish or crab on a non AFA catcher vessel or non-AFA catch er/processor. NMFS will identify all such licenses affected by this restric tion and inform the holders of such li censes of this restriction through a re striction printed on the face of the li cense. (12) Rockfish QS—(i) General. In addi tion to other requirements of this part, a license holder must have rockfish QS assigned to his or her groundfish LLP license to conduct directed fishing for rockfish primary species and rockfish secondary species with trawl gear. (ii) Eligibility requirements for rockfish QS. The eligibility requirements to re ceive rockfish QS are established in § 679.80(b). (13) Amendment 80 Program. In addi tion to other requirements of this part, a license holder must have an Amend ment 80 LLP license to conduct fishing for an Amendment 80 species assigned to the Amendment 80 sector. (14) Yellowfin sole trawl limited access sector (TLAS) directed fishery endorse ment in the BSAI—(i) General. In addi tion to other requirements of this part, and unless specifically exempted in paragraph (k)(2) of this section, a ves sel must be designated on a groundfish LLP license that has a BSAI TLAS yel lowfin sole directed fishery endorse ment in order to conduct directed fish ing for yellowfin sole with trawl gear in the BSAI Trawl Limited Access Sec tor fishery and deliver the catch to a mothership. A vessel designated on a groundfish LLP license with trawl and catcher/processor vessel designations and a BSAI TLAS yellowfin sole di rected fishery endorsement may oper ate as a catcher vessel and deliver its catch of yellowfin sole harvested in the directed BSAI TLAS fishery to a mothership, or operate as a catcher/ processor and catch and process its own catch in this fishery. (ii) Eligibility requirements for a BSAI TLAS yellowfin sole directed fishery en dorsement. (A) A groundfish LLP li cense is eligible to receive a BSAI TLAS yellowfin sole directed fishery endorsement if the groundfish LLP li cense: (1) Had a vessel designated on it, in any year from 2008 through 2015, that made at least one legal trip target landing of yellowfin sole in the BSAI TLAS directed fishery to a mothership in any one year from 2008 through 2015, inclusive, where a trip target is the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00583 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 574 50 CFR Ch. VI (10–1–22 Edition) § 679.4 groundfish species for which the re tained amount of that groundfish spe cies is greater than the retained amount of any other groundfish species for that trip; (2) Has a Bering Sea area endorse ment and a trawl gear designation; and (3) Is credited by NMFS with a legal trip target landing specified in para graph (k)(14)(ii)(A)(1) of this section. (B) If a vessel specified in paragraph (k)(14)(ii)(A)(1) of this section was des ignated on more than one groundfish LLP license from 2008 through 2015 and made at least one legal trip target landing in a BSAI TLAS directed fish ery from 2008 through 2015, the vessel owner must specify to NMFS only one of those groundfish LLP licenses to re ceive credit with the legal trip target landing(s) specified in paragraph (k)(14)(ii)(A)(1) of this section. (iii) Explanations for BSAI TLAS yel lowfin sole directed fishery endorsement. (A) NMFS will determine whether a groundfish LLP license is eligible to receive a BSAI TLAS yellowfin sole di rected fishery endorsement under para graph (k)(14)(ii) of this section based only on information contained in the official record described in paragraph (k)(14)(v) of this section. (B) NMFS will credit a groundfish LLP license with a legal trip target landing specified in paragraph (k)(14)(ii)(A)(1) of this section if that groundfish LLP license was the only groundfish LLP license on which the vessel was designated from 2008 through 2015. If a vessel that made at least one legal trip target landing spec ified in paragraph (k)(14)(ii)(A)(1) of this section was designated on more than one groundfish LLP license from 2008 through 2015 and made at least one legal trip target landing in a BSAI TLAS directed fishery from 2008 through 2015, the vessel owner must no tify NMFS which one of those ground fish LLP licenses NMFS is to credit with the legal trip target landing(s) specified in paragraph (k)(14)(ii)(A)(1) of this section. (C) Trip target landings will be deter mined based on round weight equiva lents. (iv) Exemptions to BSAI TLAS yel lowfin sole endorsements. Any vessel ex empted from the License Limitation Program at paragraph (k)(2) of this sec tion is exempted from the requirement to have a BSAI TLAS yellowfin sole endorsement to deliver catch of BSAI TLAS yellowfin sole to a mothership for processing. (v) BSAI TLAS yellowfin sole participa tion official record. (A) The official record will contain all information used by the Regional Administrator that is necessary to administer the re quirements described in paragraph (k)(14) of this section. (B) The official record is presumed to be correct. A groundfish LLP license holder has the burden to prove other wise. (C) Only legal landings as defined in § 679.2 and documented on State of Alaska fish tickets or NMFS weekly production reports will be used to de termine legal trip target landings under paragraph (k)(14)(ii)(A)(1) of this section. (vi) Process for issuing BSAI TLAS yel lowfin sole endorsements. (A) NMFS will issue to the holder of each groundfish LLP license endorsed to use trawl gear in the Bering Sea and designated in Column A of Table 52 to this part a no tice of eligibility to receive a BSAI TLAS yellowfin sole directed fishery endorsement and a revised groundfish LLP license with a BSAI TLAS yel lowfin sole directed fishery endorse ment. (B) NMFS will issue to the holder of each groundfish LLP license endorsed to use trawl gear in the Bering Sea and designated in Column A of Table 53 to this part a notice of eligibility to be credited with a legal trip target land ing specified in (k)(14)(ii)(A)(1) of this section. (1) NMFS will also issue to the owner of the vessel designated on the ground fish LLP licenses in Column A of Table 53 a notice of eligibility for the two listed groundfish LLP licenses to be credited with a legal trip target land ing specified in (k)(14)(ii)(A)(1) of this section. The notice to the vessel owner will provide instructions for the vessel owner to select the one groundfish LLP license that NMFS is to credit with the legal trip target landing specified in (k)(14)(ii)(A)(1) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00584 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 575 Fishery Conservation and Management § 679.4 (2) The holder of a groundfish LLP li cense in Column A of Table 53 will re ceive a revised groundfish LLP license with a BSAI TLAS yellowfin sole di rected fishery endorsement if: (i) The owner of the vessel designated on the groundfish LLP license requests in writing that NMFS credit that groundfish LLP license with the legal trip target landing specified in para graph (k)(14)(ii)(A)(1) of this section; (ii) The vessel owner, or the author ized agent, signs the request; (iii) The written request is submitted to NMFS using one of the following methods: Mail at Regional Adminis trator, c/o Restricted Access Manage ment Program, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; fax at 907–586– 7352; or hand delivery or carrier at NMFS, Room 713, 709 West 9th Street, Juneau, AK 99801; and (iv) NMFS receives the written re quest and credits the groundfish LLP license with the legal trip target land ing specified in paragraph (k)(14)(ii)(A)(1) of this section. (3) The holder of a groundfish LLP li cense in Column A of Table 53 that is not selected by the vessel owner will receive a notice, using the address on record at the time the notification is sent, informing the holder that the groundfish LLP license was not se lected by the vessel owner, will not be credited with a legal trip target land ing, and will not receive a BSAI TLAS yellowfin sole endorsement. The notice will inform the holder of the ground fish LLP license of the timing and process through which the holder can provide additional information or evi dence to amend or challenge the infor mation in the official record of this section as specified in paragraphs (k)(14)(vi)(D) and (E) of this section. (C) NMFS will issue to the holder of a groundfish LLP license with a Bering Sea trawl designation and that is not listed in either Table 52 or 53 a notice informing that holder that the ground fish LLP license is not eligible to be credited with a legal trip target land ing or receive a BSAI TLAS yellowfin sole directed fishery endorsement based on the official record, using the address on record at the time the noti fication is sent. The notice will inform the holder of the groundfish LLP li cense of the timing and process through which the holder can provide additional information or evidence to amend or challenge the information in the official record of this section, as specified in paragraphs (k)(14)(vi)(D) and (E) of this section. (D) The Regional Administrator will specify by letter a 30-day evidentiary period during which an applicant may provide additional information or evi dence to amend or challenge the infor mation in the official record. A person will be limited to one 30-day evi dentiary period. Additional informa tion or evidence received after the 30 day evidentiary period specified in the letter has expired will not be consid ered for purposes of the initial admin istrative determination (IAD). (E) The Regional Administrator will prepare and send an IAD to the appli cant following the expiration of the 30 day evidentiary period, if the Regional Administrator determines that the in formation or evidence provided by the person fails to support the person’s claims and is insufficient to rebut the presumption that the official record is correct, or if the additional informa tion, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evi dentiary period. The IAD will indicate the deficiencies with the information or evidence submitted. The IAD will also indicate which claims cannot be approved based on the available infor mation or evidence. A person who re ceives an IAD may appeal pursuant to 15 CFR part 906. NMFS will issue a non transferable interim license that is ef fective until final agency action on the IAD to an applicant who avails himself or herself of the opportunity to appeal an IAD and who has a credible claim to eligibility for a BSAI TLAS yellowfin sole endorsement. (15) BSAI Pacific cod trawl mothership endorsement—(i) General. In addition to other requirements of this part, a catcher/processor must be designated on a groundfish LLP license that has a BSAI Pacific cod trawl mothership en dorsement in order to receive and proc ess Pacific cod harvested and delivered by a catcher vessel directed fishing in the BSAI non-CDQ Pacific cod trawl VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00585 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 576 50 CFR Ch. VI (10–1–22 Edition) § 679.4 catcher vessel fishery as specified in § 679.20(a)(7)(ii)(A). A catcher/processor designated on a groundfish LLP license with Bering Sea or Aleutian Islands area, catcher/processor operation, and BSAI Pacific cod trawl mothership en dorsements may operate as a mothership, as defined at § 679.2, to re ceive and process Pacific cod harvested by a catcher vessel directed fishing in the BSAI non-CDQ Pacific cod trawl catcher vessel fishery as specified in § 679.20(a)(7)(ii)(A). (ii) Eligibility requirements for a BSAI Pacific cod trawl mothership endorsement. A groundfish LLP license is eligible to receive a BSAI Pacific cod trawl mothership endorsement if the ground fish LLP license: (A) Has Bering Sea or Aleutian Is lands area and catcher/processor oper ation endorsements; (B) Had a catcher/processor des ignated on it that received and proc essed at least one legal mothership trip target of Pacific cod delivered from a catcher vessel directed fishing in the BSAI non-CDQ Pacific cod trawl catch er vessel fishery as specified in § 679.20(a)(7)(ii)(A) in each of the three years of the qualifying period of 2015 through 2017, inclusive, where a mothership trip target is, in the aggre gate, the groundfish species that is de livered by a catcher vessel to a given catcher/processor acting as a mothership in an amount greater than the retained amount of any other groundfish species delivered by the same catcher vessel to the same catch er/processor for a given week; and (C) Is credited by NMFS with receiv ing a legal mothership trip target spec ified in paragraph (k)(15)(ii)(B) of this section. (iii) Explanations for BSAI Pacific cod trawl mothership endorsement. (A) NMFS will determine whether a groundfish LLP license is eligible to receive a BSAI Pacific cod trawl mothership en dorsement under paragraph (k)(15)(ii) of this section based only on informa tion contained in the official record de scribed in paragraph (k)(15)(iv) of this section. (B) NMFS will credit a groundfish LLP license with receipt of a legal mothership trip target specified in paragraph (k)(15)(ii)(B) of this section if that groundfish LLP license was the only groundfish LLP license on which the catcher/processor that received and processed legal mothership trip targets was designated from 2015 through 2017. (C) Mothership trip targets will be determined based on round weight equivalents. (iv) Official record of participation in the BSAI non-CDQ Pacific cod trawl catcher vessel fishery. (A) The official record will contain all information used by the Regional Administrator that is necessary to administer the re quirements described in paragraph (k)(15) of this section. (B) The official record is presumed to be correct. A groundfish LLP license holder has the burden to prove other wise. (C) Only legal landings as defined in § 679.2 and documented on NMFS pro duction reports will be used to deter mine legal mothership trip targets under paragraph (k)(15)(ii)(B) of this section. (v) Process for issuing BSAI Pacific cod trawl mothership endorsements. (A) NMFS will issue to the holder of each groundfish LLP license with Bering Sea or Aleutian Islands area and catch er/processor operation endorsements, and specified in Column A of Table 57 of this part, a notice of eligibility to receive a BSAI Pacific cod trawl mothership endorsement and a revised groundfish LLP license with a BSAI Pacific cod trawl mothership endorse ment. (B) NMFS will issue to the holder of a groundfish LLP license with Bering Sea or Aleutian Islands area and catch er/processor operation endorsements, and that is not listed in Table 57 of this part, a notice informing that holder that the groundfish LLP license is not eligible to be credited with at least one legal mothership trip target of Pacific cod in the BSAI non-CDQ Pacific cod trawl catcher vessel fishery for each year during the qualifying period or re ceive a BSAI Pacific cod trawl mothership endorsement based on the official record, using the address on record at the time the notice is sent. The notice specified in this paragraph (k)(15)(v)(B) will inform the holder of the groundfish LLP license of the tim ing and process through which the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00586 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 577 Fishery Conservation and Management § 679.4 holder can provide additional informa tion or evidence to amend or challenge the information in the official record of this section, as specified in para graphs (k)(15)(v)(C) and (D) of this sec tion. (C) The Regional Administrator will specify by notice a 30-day evidentiary period during which an applicant may provide additional information or evi dence to amend or challenge the infor mation in the official record. A person will be limited to one 30-day evi dentiary period. Additional informa tion or evidence received after the 30 day evidentiary period specified in the letter has expired will not be consid ered for purposes of the initial admin istrative determination (IAD). (D) The Regional Administrator will prepare and send an IAD to the appli cant following the expiration of the 30 day evidentiary period, if the Regional Administrator determines that the in formation or evidence provided by the person fails to support the person’s claims and is insufficient to rebut the presumption that the official record is correct, or if the additional informa tion, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 30-day evi dentiary period. The IAD will indicate the deficiencies with the information or evidence submitted. The IAD will also indicate which claims cannot be approved based on the available infor mation or evidence. A person who re ceives an IAD may appeal pursuant to 15 CFR part 906. NMFS will issue a non transferable interim license that is ef fective until final agency action on the IAD to an applicant who avails himself or herself of the opportunity to appeal an IAD and who has a credible claim to eligibility for a BSAI Pacific cod trawl mothership endorsement. (l) AFA permits—(1) General—(i) Appli cability. In addition to any other per mit and licensing requirements set out in this part, any vessel used to engage in directed fishing for a non-CDQ allo cation of pollock in the BS and any shoreside processor, stationary floating processor, or mothership that receives pollock harvested in a non-CDQ di rected pollock fishery in the BS must have a valid AFA permit onboard the vessel or at the facility location at all times while non-CDQ pollock is being harvested or processed. In addition, the owner of any vessel that is a member of a pollock cooperative in the BS must also have a valid AFA permit for every vessel that is a member of the coopera tive, regardless of whether or not the vessel actually engages in directed fishing for pollock in the BS. Finally, an AFA permit does not exempt a ves sel operator, vessel, or processor from any other applicable permit or licens ing requirement required under this part or in other state or Federal regu lations. (ii) Duration—(A) Expiration of interim AFA permits. All interim AFA vessel and processor permits issued prior to January 1, 2002, will expire on Decem ber 31, 2002, unless extended or re issued by NMFS. (B) Duration of final AFA permits. (1) Except as provided in paragraphs (l)(1)(ii)(B)(2), (l)(1)(ii)(B)(3), (l)(5)(v)(B)(3), and (l)(6)(iii) of this sec tion, AFA vessel and processor permits issued under this paragraph (l) are valid indefinitely unless the permit is suspended or revoked. (2) An AFA vessel permit is revoked when the vessel designated on the per mit is replaced or removed under para graph (l)(7) of this section. (3) In the event of a total loss or con structive loss of an AFA vessel, (i) The AFA vessel permit that des ignates the lost AFA vessel will be valid from the date of the vessel loss up to 5 years from December 31 of the year in which the vessel was lost and will be suspended after that date, unless the AFA vessel permit for the lost vessel was revoked before that date because the lost vessel was replaced or removed under paragraph (l)(7) of this section. For example, if a vessel sinks on Feb ruary 15, 2016, the AFA permit on the vessel will be valid until December 31, 2021, unless the owner of the vessel re places or removes the vessel before De cember 31, 2021; after December 31, 2021, the AFA permit on the lost vessel will be suspended until the AFA vessel owner replaces or removes the lost ves sel; (ii) The owner of the lost AFA vessel must notify NMFS in writing of the vessel loss within 120 days of the date VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00587 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 578 50 CFR Ch. VI (10–1–22 Edition) § 679.4 of the total loss or constructive loss of the vessel; (iii) For purposes of paragraph (l)(1)(ii)(B)(3) of this section, an AFA lost vessel is a vessel that has been subject to a total loss or a constructive loss; a total loss means that the vessel is physically lost such as from sinking or a fire; a constructive loss means that the vessel suffered damage so that the cost of repairing the vessel exceed ed the value of the vessel; the date of the total loss of a vessel is the date on which the physical loss occurred; the date of the constructive loss of a vessel is the date on which the damage to the vessel occurred. (C) Surrender of AFA permits. Except for AFA inshore processor permits, AFA permits may not be surrendered. (iii) Application for permit. NMFS will issue AFA vessel and processor permits to the current owner(s) of a qualifying vessel or processor if the owner(s) sub mits to the Regional Administrator a completed AFA permit application that is subsequently approved. (iv) Amended permits. AFA vessel and processor permits may not be used on or transferred to any vessel or proc essor that is not listed on the permit. However, AFA permits may be amend ed by NMFS to reflect any change in the ownership of the vessel or proc essor after submittal of this informa tion to NMFS in a written letter. (2) AFA catcher/processor permits— (i) Listed AFA catcher/processors. NMFS will issue to an owner of a catcher/processor a listed AFA catcher/ processor permit if the catcher/proc essor is one of the following (as listed in AFA paragraphs 208(e)(1) through (20)): (A) AMERICAN DYNASTY (USCG documentation number 951307); (B) KATIE ANN (USCG documenta tion number 518441); (C) AMERICAN TRIUMPH (USCG documentation number 646737); (D) NORTHERN EAGLE (USCG docu mentation number 506694); (E) NORTHERN HAWK (USCG docu mentation number 643771); (F) NORTHERN JAEGER (USCG doc umentation number 521069); (G) OCEAN ROVER (USCG docu mentation number 552100); (H) ALASKA OCEAN (USCG docu mentation number 637856); (I) ENDURANCE (USCG documenta tion number 592206); (J) AMERICAN ENTERPRISE (USCG documentation number 594803); (K) ISLAND ENTERPRISE (USCG documentation number 610290); (L) KODIAK ENTERPRISE (USCG documentation number 579450); (M) SEATTLE ENTERPRISE (USCG documentation number 904767); (N) US ENTERPRISE (USCG docu mentation number 921112); (O) ARCTIC STORM (USCG docu mentation number 903511); (P) ARCTIC FJORD (USCG docu mentation number 940866); (Q) NORTHERN GLACIER (USCG documentation number 663457); (R) PACIFIC GLACIER (USCG docu mentation number 933627); (S) HIGHLAND LIGHT (USCG docu mentation number 577044); (T) STARBOUND (USCG documenta tion number 944658). (ii) Unlisted AFA catcher/processors. NMFS will issue to an owner of a catcher/processor an unlisted AFA catcher/processor permit if the catcher/ processor is not listed in § 679.4(l)(2)(i) and is determined by the Regional Ad ministrator to have harvested more than 2,000 mt of pollock in the 1997 BSAI directed pollock fishery. (iii) AFA replacement vessels. (A) NMFS will issue a listed AFA catcher/ processor permit to the owner of a catcher/processor that is a replacement vessel for a vessel that was designated on a listed AFA catcher/processor per mit. (B) NMFS will issue an unlisted AFA catcher/processor permit to the owner of a catcher/processor that is a replace ment vessel for a vessel that was des ignated on an unlisted AFA catcher/ processor permit. (iv) Application for AFA catcher/proc essor permit. A completed application for an AFA catcher/processor permit must contain: (A) Vessel information. The vessel name, ADF&G registration number, USCG documentation number, vessel telephone number (if any), gross tons, shaft horsepower, and registered length (in feet); VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00588 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 579 Fishery Conservation and Management § 679.4 (B) Ownership information. The man aging owner name(s), tax ID number(s), signature(s), business mailing ad dress(es), business telephone num ber(s), business fax number(s), business e-mail address(es), and managing com pany (if any); (3) AFA catcher vessel permits. NMFS will issue to an owner of a catcher ves sel an AFA catcher vessel permit con taining sector endorsements and sideboard restrictions upon receipt and approval of a completed application for an AFA catcher vessel permit. (i) Qualifying criteria—(A) Catcher ves sels delivering to catcher/processors. NMFS will endorse an AFA catcher vessel permit to authorize directed fishing for pollock for delivery to a catcher/processor if the catcher vessel: (1) Is one of the following (as listed in paragraphs 208(b)(1) through (7) of the AFA): AMERICAN CHALLENGER (USCG docu mentation number 633219); FORUM STAR (USCG documentation num ber 925863); MUIR MILACH (USCG documentation number 611524); NEAHKAHNIE (USCG documentation number 599534); OCEAN HARVESTER (USCG documenta tion number 549892); SEA STORM (USCG documentation num ber 628959); TRACY ANNE (USCG documentation num ber 904859); or (2) Is not listed in paragraph (l)(3)(i)(A)(1) of this section and is de termined by the Regional Adminis trator to have delivered at least 250 mt and at least 75 percent of the pollock it harvested in the directed BSAI pollock fishery in 1997 to catcher/processors for processing by the offshore component; or (3) Is an AFA replacement vessel for a vessel that was designated on an AFA catcher vessel permit with a catcher/ processor endorsement. (B) Catcher vessels delivering to AFA motherships. NMFS will endorse an AFA catcher vessel permit to authorize directed fishing for pollock for delivery to an AFA mothership if the catcher vessel: (1) Is one of the following (as listed in paragraphs 208(c)(1) through (20) and in subsection 211(e) of the AFA): (i) ALEUTIAN CHALLENGER (USCG documentation number 603820); (ii) ALYESKA (USCG documentation number 560237); (iii) AMBER DAWN (USCG docu mentation number 529425); (iv) AMERICAN BEAUTY (USCG doc umentation number 613847); (v) CALIFORNIA HORIZON (USCG documentation number 590758); (vi) MAR-GUN (USCG documentation number 525608); (vii) MARGARET LYN (USCG docu mentation number 615563); (viii) MARK I (USCG documentation number 509552); (ix) MISTY DAWN (USCG docu mentation number 926647); (x) NORDIC FURY (USCG docu mentation number 542651); (xi) OCEAN LEADER (USCG docu mentation number 561518); (xii) OCEANIC (USCG documentation number 602279); (xiii) PACIFIC ALLIANCE (USCG documentation number 612084); (xiv) PACIFIC CHALLENGER (USCG documentation number 518937); (xv) PACIFIC FURY (USCG docu mentation number 561934); (xvi) PAPADO II (USCG documenta tion number 536161); (xvii) TRAVELER (USCG documenta tion number 929356); (xviii) VESTERAALEN (USCG docu mentation number 611642); (xix) WESTERN DAWN (USCG docu mentation number 524423); (xx) LISA MARIE (USCG documenta tion number 1038717); or (2) Is not listed in paragraph (l)(3)(i)(B)(1) of this section and is de termined by the Regional Adminis trator to have delivered at least 250 mt of pollock for processing by motherships in the offshore component of the BSAI directed pollock fishery in any one of the years 1996 or 1997, or be tween January 1, 1998, and September 1, 1998, and is not eligible for an en dorsement to deliver pollock to catch er/processors under paragraph (l)(3)(i)(A) of this section; or (3) Is an AFA replacement vessel for a vessel that was designated on an AFA catcher vessel permit with a mothership endorsement. (C) Catcher vessels delivering to AFA inshore processors. NMFS will endorse VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00589 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 580 50 CFR Ch. VI (10–1–22 Edition) § 679.4 an AFA catcher vessel permit to au thorize directed fishing for pollock for delivery to an AFA inshore processor if the catcher vessel is: (1) One of the following vessels au thorized by statute to engage in di rected fishing for inshore sector pol lock: HAZEL LORRAINE (USCG documentation number 592211), LISA MARIE (USCG documentation num ber 1038717), PROVIDIAN (USCG documentation num ber 1062183); or (2) Is not listed in § 679.4(l)(3)(i)(A), and: (i) Is determined by the Regional Ad ministrator to have delivered at least 250 mt of pollock harvested in the di rected BSAI pollock fishery for proc essing by the inshore component in any one of the years 1996 or 1997, or between January 1, 1998, and September 1, 1998; or (ii) Is less than 60 ft (18.1 meters) LOA and is determined by the Regional Ad ministrator to have delivered at least 40 mt of pollock harvested in the di rected BSAI pollock fishery for proc essing by the inshore component in any one of the years 1996 or 1997, or between January 1, 1998, and September 1, 1998; or (3) Is an AFA replacement vessel for a vessel that was designated on an AFA catcher vessel permit with an inshore endorsement. (ii) Application for AFA catcher vessel permit. A completed application for an AFA catcher vessel permit must con tain: (A) Vessel information. The vessel name, ADF&G registration number, USCG documentation number, vessel telephone number (if any), gross tons, shaft horsepower, and registered length (in feet); (B) Ownership information. The man aging owner name(s), tax ID number(s), signature(s), business mailing ad dress(es), business telephone num ber(s), business fax number(s), business e-mail address(es), and managing com pany (if any); (C) Vessel AFA qualification informa tion. The AFA catcher vessel permit sector endorsement(s) requested. (D) [Reserved] (E) Vessel exemptions from AFA catcher vessel groundfish sideboard directed fish ing closures. An AFA catcher vessel per mit may contain exemptions from cer tain groundfish sideboard directed fish ing closures. If a vessel owner is re questing such an exemption, the appli cation must provide supporting docu mentation that the catcher vessel qualifies for the exemption based on the following criteria. The Regional Administrator will review the vessel’s catch history according to the fol lowing criteria: (1) BSAI Pacific cod. For a catcher vessel to qualify for an exemption from AFA catcher vessel sideboards in the BSAI Pacific cod fishery, the catcher vessel must: Be less than 125 ft (38.1 m) LOA, have landed a combined total of less than 5,100 mt of BSAI pollock in the BSAI directed pollock fishery from 1995 through 1997, and have made 30 or more legal landings of Pacific cod in the BSAI directed fishery for Pacific cod from 1995 through 1997. (2) GOA groundfish species. For a catcher vessel to qualify for an exemp tion from AFA catcher vessel sideboards in the GOA groundfish fish eries, the catcher vessel must: Be less than 125 ft (38.1 m) LOA, have landed a combined total of less than 5,100 mt of BSAI pollock in the BSAI directed pol lock fishery from 1995 through 1997, and made 40 or more legal landings of GOA groundfish in a directed fishery for GOA groundfish from 1995 through 1997. (3) AFA replacement vessel for a catcher vessel that qualified for an exemption. A catcher vessel that is a replacement vessel for a vessel that was designated on an AFA catcher vessel permit with an exemption from a groundfish sideboard directed fishing closure will receive an AFA catcher vessel permit with the same exemption as the re placed vessel. (4) AFA mothership permits. (i) NMFS will issue to an owner of a mothership an AFA mothership permit if the mothership: (A) Is one of the following (as listed in paragraphs 208(d)(1) through (3) of the AFA): EXCELLENCE (USCG documentation number 967502); GOLDEN ALASKA (USCG docu mentation number 651041); and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00590 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 581 Fishery Conservation and Management § 679.4 OCEAN PHOENIX (USCG documenta tion number 296779); or (B) Is an AFA replacement vessel for a vessel that was designated on an AFA mothership permit. (ii) Application for AFA mothership permit. A completed application for an AFA mothership permit must contain: (A) Type of permit requested. Type of processor and whether requesting an AFA cooperative endorsement. (B) Vessel information. The mothership name, ADF&G processor code, USCG documentation number, Federal fisheries permit number, gross tons, shaft horsepower, and registered length (in feet). (C) Ownership information. The man aging owner name(s), tax ID number(s), signature(s), business mailing ad dress(es), business telephone num ber(s), business fax number(s), business e-mail address(es), and managing com pany (if any); (5) AFA inshore processor permits. NMFS will issue to an owner of a shoreside processor or stationary float ing processor an AFA inshore processor permit upon receipt and approval of a completed application. (i) Qualifying criteria—(A) Unrestricted processors. NMFS will issue an unre stricted AFA inshore processor permit to a shoreside processor or stationary floating processor if the Regional Ad ministrator determines that the proc essor facility processed annually more than 2,000 mt round-weight of pollock harvested in the inshore component of the directed BSAI pollock fishery dur ing each of 1996 and 1997. (B) Restricted processors. NMFS will issue a restricted AFA inshore proc essor permit to a shoreside processor or stationary floating processor if the Re gional Administrator determines that the facility processed pollock har vested in the inshore component of the directed BSAI pollock fishery during 1996 or 1997, but did not process annu ally more than 2,000 mt round-weight of BSAI pollock during each of 1996 and 1997. (ii) Surrender of permit. An AFA inshore processor permit may be volun tarily surrendered in accordance with paragraph (a)(9) of this section. An AFA inshore processor permit will not be reissued in the same fishing year in which it was surrendered, but may be reapplied for and if approved, reissued to the permit holder of record in a sub sequent fishing year. (iii) Single geographic location require ment. An AFA inshore processor permit authorizes the processing of pollock harvested in the BS subarea directed pollock fishery only in a single geo graphic location during a reporting week. For the purposes of this para graph, single geographic location means: (A) Shoreside processors. The physical location at which the land-based shore side processor first processed pollock harvested from the BS subarea directed pollock fishery during a fishing year. (B) Stationary floating processors (SFP). A geographic position within State of Alaska waters of the BS sub area and that is within a 5 nm radius of the latitude and longitude reported in the check-in and check-out reports at § 679.5(h)(5)(ix)(B). An AFA SFP cannot change its single geographic location more than four times within State of Alaska waters in the BS subarea to process pollock harvested in a BS sub area directed pollock fishery during a fishing year and cannot use more than one single geographic location during a reporting week. (iv) Application for permit. A com pleted application for an AFA inshore processor permit must contain: (A) Type of permit requested. Type of processor, whether requesting an AFA cooperative endorsement, and amount of BSAI pollock processed in 1996 and 1997; (B) Stationary floating processor infor mation. The vessel name, ADF&G proc essor code, USCG documentation num ber, Federal processor permit number, gross tons, shaft horsepower, registered length (in feet), and business telephone number, business FAX number, and business e-mail address used on board the vessel. (C) Shoreside processor information. The processor name, Federal processor permit number, ADF&G processor code, business street address; business telephone and FAX numbers, and busi ness e-mail address. (D) Ownership information. The man aging owner name(s), tax ID number(s), VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00591 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 582 50 CFR Ch. VI (10–1–22 Edition) § 679.4 signature(s), business mailing ad dress(es), business telephone num ber(s), business fax number(s), business e-mail address(es), and managing com pany (if any); (v) Authorization of new AFA inshore processors. If the Council recommends and NMFS approves a combined BSAI pollock TAC that exceeds 1,274,900 mt for any fishing year, or in the event of the actual total loss or constructive loss of an existing AFA inshore proc essor, the Council may recommend that an additional inshore processor (or processors) be issued AFA inshore processing permits. (A) Timing of Council action. At any time prior to or during a fishing year in which the combined BSAI pollock TAC exceeds 1,274,900 mt, or at any time after the actual total loss or con structive total loss of an existing AFA inshore processor, the Council may, after opportunity for public comment, recommend that an additional inshore processor (or processors) be issued AFA inshore processor permits. (B) Required elements in Council rec ommendation. Any recommendation from the Council to add an additional inshore processor (or processors) must include the following information: (1) Identification of inshore proc essor(s). The Council recommendation must identify by name the inshore processor(s) to which AFA inshore processor permits would be issued; (2) Type of AFA inshore processor per mit(s). The Council recommendation must specify whether the identified inshore processor(s) should be issued a restricted or unrestricted AFA inshore processor permit. (3) Duration of permit. The Council recommendation must specify the rec ommended duration of the permit. Per mit duration may be for any duration from a single fishing season to the du ration of section 208 of the AFA. Alter natively, the Council may recommend that the permit be valid as long as the conditions that led to the permit re main in effect. For example, the Coun cil could recommend that a permit issued under this paragraph remain valid as long as the combined annual BSAI pollock TAC remains above 1,274,900 mt. or a lost AFA inshore processor is not reconstructed. (4) Council procedures. The Council may establish additional procedures for the review and approval of requests to authorize additional AFA inshore proc essors. However, such procedures must be consistent with the Magnuson-Ste vens Act, the national standards, and other applicable law. (5) Action by NMFS. Upon receipt of a recommendation from the Council to authorize additional AFA inshore proc essors, NMFS may issue an AFA inshore processor permit to the identi fied inshore processor(s) of the type and duration recommended by the Council, provided the Council has met the requirements identified in para graphs (l)(5)(v)(B)(1) through (4) of this section, and the owner(s) of the identi fied inshore processor has submitted a completed application for an AFA inshore processor permit that is subse quently approved. (6) Inshore cooperative fishing permits— (i) General. NMFS will issue to an inshore catcher vessel cooperative formed pursuant to 15 U.S.C. 521 for the purpose of cooperatively managing di rected fishing for pollock for proc essing by an AFA inshore processor an AFA inshore cooperative fishing per mit upon receipt and approval of a completed application. (ii) Application for permit. A com pleted application for an inshore coop erative fishing permit must contain the following information: (A) Cooperative contact information. Name of cooperative; name of coopera tive representative; and business mail ing address, business telephone num ber, business fax number, and business e-mail address of the cooperative; (B) Designated cooperative processor. The name and physical location of an AFA inshore processor that is des ignated in the cooperative contract as the processor to whom the cooperative has agreed to deliver at least 90 percent of its BS pollock catch; (C) Cooperative contract information. A copy of the cooperative contract and a written certification that: (1) The contract was signed by the owners of at least 80 percent of the qualified catcher vessels; (2) The cooperative contract requires that the cooperative deliver at least 90 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00592 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 583 Fishery Conservation and Management § 679.4 percent of its BS pollock catch to its designated AFA processor; and (3) Each catcher vessel in the cooper ative is a qualified catcher vessel and is otherwise eligible to fish for ground fish in the BSAI, except that a lost ves sel that retains an AFA permit pursu ant to paragraph (l)(1)(ii)(B)(3) of this section need not be designated on a Federal Fisheries Permit or an LLP li cense; has an AFA catcher vessel per mit with an inshore endorsement; and has no permit sanctions or other type of sanctions against it that would pre vent it from fishing for groundfish in the BSAI. (D) Qualified catcher vessels. For the purpose of paragraph (l)(6)(ii)(C)(3) of this section, a catcher vessel is a quali fied catcher vessel if the catcher vessel meets the permit and landing require ments in paragraphs (l)(6)(ii)(D)(1) and (l)(6)(ii)(D)(2) of this section; the catch er vessel is an AFA replacement catch er vessel that meets the requirements in paragraph (l)(6)(ii)(D)(3) of this sec tion; or the catcher vessel is an AFA lost catcher vessel that meets the re quirements in paragraph (l)(6)(ii)(D)(4) of this section. (1) Permit requirements—(i) AFA per mit. The vessel must have a valid AFA catcher vessel permit with an inshore endorsement; (ii) LLP permit. The vessel must be named on a valid LLP permit author izing the vessel to engage in trawling for pollock in the Bering Sea subarea. If the vessel is more than 60 feet (18.3 m) LOA, the vessel must be named on a valid LLP permit endorsed for the AI to engage in trawling for pollock in the AI; and (iii) Permit sanctions. The vessel has no permit sanctions that otherwise make it ineligible to engage in fishing for pollock in the BSAI. (2) Landing requirements—(i) Active vessels. The vessel delivered more pol lock harvested in the BS inshore di rected pollock fishery to the AFA inshore processor designated under paragraph (l)(6)(ii)(B) of this section than to any other shoreside processor or stationary floating processor during the year prior to the year in which the cooperative fishing permit will be in ef fect; or (ii) Inactive vessels. The vessel deliv ered more pollock harvested in the BS inshore directed pollock fishery to the AFA inshore processor designated under paragraph (l)(6)(ii)(B) of this sec tion than to any other shoreside proc essor or stationary floating processor during the last year in which the vessel delivered BS pollock harvested in the BS directed pollock fishery to an AFA inshore processor. (iii) Harvests under contract to a coop erative. Any landings made by a vessel operating under contract to an inshore cooperative in which it was not a mem ber will not be used to determine eligi bility under paragraph (l)(6)(ii)(D)(2). (3) AFA replacement catcher vessels. The vessel is an AFA replacement ves sel for a catcher vessel that met the permit and landing requirements in paragraphs (l)(6)(ii)(D)(1) and (l)(6)(ii)(D)(2) of this section; (4) AFA lost catcher vessels. In the event of a total loss or constructive loss of an AFA catcher vessel with an inshore endorsement, the owner of the lost vessel has an AFA catcher vessel permit with an inshore endorsement for the lost vessel that is valid pursu ant to paragraph (l)(1)(ii)(B)(3) of this section, and the inshore cooperative shows: (i) The vessel was lost during a year when the vessel was designated on an AFA inshore cooperative fishing per mit issued to the cooperative submit ting the application; or (ii) The vessel was lost during a year when the vessel was not designated on any AFA inshore cooperative fishing permit and when the vessel delivered more pollock to the AFA inshore proc essor designated by the inshore cooper ative under paragraph (l)(6)(ii)(B) of this section than to any other proc essor; or (iii) The vessel was lost during a year when the vessel was not designated on any AFA inshore cooperative fishing permit and when the vessel had made no deliveries of pollock and the owner of the lost vessel has assigned the catch history of the lost vessel to the inshore cooperative that submits the application. (E) Business review letter. A copy of a letter from a party to the contract re questing a business review letter on VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00593 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 584 50 CFR Ch. VI (10–1–22 Edition) § 679.4 the fishery cooperative from the De partment of Justice and of any re sponse to such request; (F) Vessel information. For each coop erative catcher vessel member: Vessel name, ADF&G registration number, USCG documentation number, AFA permit number; and (G) Certification of notary and appli cant. Signature and printed name of co operative representative, date of signa ture, and notary stamp or seal, signa ture and date commission expires of a notary public. (iii) Duration of cooperative fishing permits. Inshore cooperative fishing permits are valid for 1 calendar year. (iv) Addition or subtraction of vessels. The cooperative representative must submit a new application to add or sub tract a catcher vessel to or from an inshore cooperative fishing permit to the Regional Administrator prior to the application deadline. Upon ap proval by the Regional Administrator, NMFS will issue an amended coopera tive fishing permit. (v) Application deadline. An inshore cooperative fishing permit application and any subsequent contract amend ments that add or subtract vessels must be received by the Regional Ad ministrator by December 1 prior to the year in which the inshore cooperative fishing permit will be in effect. Inshore cooperative fishing permit applications or amendments to inshore fishing coop erative permits received after Decem ber 1 will not be accepted by the Re gional Administrator for the subse quent fishing year. (7) AFA rebuilt vessels, AFA replace ment vessels, and removal of inshore AFA catcher vessels—(i) AFA rebuilt vessels. (A) To improve vessel safety or to im prove operational efficiency, including fuel efficiency, the owner of an AFA vessel may rebuild the vessel. If the owner of an AFA vessel rebuilds the vessel, the owner must notify NMFS within 30 days of the issuance of the vessel documentation for the AFA re built vessel and must provide NMFS with a copy of the vessel documenta tion for the rebuilt vessel. If the owner of the AFA rebuilt vessel provides NMFS with information demonstrating that the AFA rebuilt vessel is docu mented with a fishery endorsement issued under 46 U.S.C. 12113, NMFS will acknowledge receipt of the notification and inform the owner that the AFA permit issued to the vessel before re building is valid and can be used on the AFA rebuilt vessel. (B) Except as provided in paragraph (l)(7)(i)(C) and paragraph (l)(7)(i)(D) of this section, the owner of an AFA re built vessel will be subject to the same requirements that applied to the vessel before rebuilding and will be eligible to use the AFA rebuilt vessel in the same manner as the vessel before rebuilding. (C) An AFA rebuilt vessel is exempt from the maximum length overall (MLOA) restriction on an LLP ground fish license with a Bering Sea area en dorsement or an Aleutian Islands area endorsement when the AFA rebuilt vessel is conducting directed fishing for groundfish in the BSAI pursuant to that LLP groundfish license and the LLP groundfish license specifies the exemption. (D) If an AFA rebuilt catcher vessel is equal to or greater than 125 ft (38.1 m) LOA, the AFA rebuilt catcher ves sel will be subject to the catcher vessel exclusive fishing seasons for pollock in 50 CFR 679.23(i) and will not be exempt from 50 CFR 679.23(i) even if the vessel before rebuilding was less than 125 ft (38.1 m) LOA and was exempt from 50 CFR 679.23(i). (ii) AFA replacement vessels. (A) To improve vessel safety or to improve operational efficiency, including fuel efficiency, the owner of an AFA vessel may replace the AFA vessel with a ves sel that is documented with a fishery endorsement issued under 46 U.S.C. 12113. (B) Upon approval of an application to replace an AFA vessel pursuant to paragraph (l)(7) of this section and ex cept as provided in paragraph (l)(7)(ii)(C), paragraph (l)(7)(ii)(D), and paragraph (l)(7)(E) of this section, the owner of an AFA replacement vessel will be subject to the same require ments that applied to the replaced ves sel and will be eligible to use the AFA replacement vessel in the same manner as the replaced vessel. If the AFA re placement vessel is not already des ignated on an AFA permit, the Re gional Administrator will issue an AFA VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00594 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 585 Fishery Conservation and Management § 679.4 permit to the owner of the AFA re placement vessel. The AFA permit that designated the replaced, or former, AFA vessel will be revoked. (C) An AFA replacement vessel is ex empt from the maximum length over all (MLOA) restriction on an LLP groundfish license with a Bering Sea area endorsement or an Aleutian Is lands area endorsement when the AFA replacement vessel is conducting di rected fishing for groundfish in the BSAI pursuant to that LLP groundfish license and the LLP groundfish license specifies an exemption from the MLOA restriction for the AFA replacement vessel. (D) If an AFA replacement catcher vessel is equal to or greater than 125 ft (38.1 m) LOA, the AFA replacement catcher vessel will be subject to the catcher vessel exclusive fishing seasons for pollock in 50 CFR 679.23(i) and will not be exempt from 50 CFR 679.23(i), even if the replaced vessel was less than 125 ft (38.1 m) LOA and was ex empt from 50 CFR 679.23(i). (E) An AFA replacement catcher ves sel for an AFA catcher vessel will have the same sideboard exemptions, if any, as the replaced AFA catcher vessel, ex cept that if the AFA replacement ves sel was already designated on an AFA permit as exempt from sideboard lim its, the AFA replacement vessel will maintain its exemption even if the re placed vessel was not exempt from sideboard limits. (iii) Removal of AFA catcher vessel from the directed pollock fishery. (A) The owner of a catcher vessel that is des ignated on an AFA catcher vessel per mit with an inshore endorsement may remove the catcher vessel from the di rected pollock fishery, subject to the requirements in paragraphs (B), (C), and (D) of this paragraph (l)(7)(iii). (B) The owner of the removed catcher vessel must direct NMFS to assign the non-CDQ inshore pollock catch history in the BSAI of the removed vessel to one or more catcher vessels in the inshore fishery cooperative to which the removed vessel belonged at the time of the application for removal. (C) Except for the assignment of the pollock catch history of the removed catcher vessel in paragraph (l)(7)(iii)(B) of this section, all claims relating to the catch history of the removed catch er vessel in the Exclusive Economic Zone off Alaska, including any claims to an exemption from AFA sideboard limitations, will be permanently extin guished upon NMFS’ approval of the application to remove the catcher ves sel and the AFA permit that was held by the owner of the removed catcher vessel will be revoked. (D) The catcher vessel or vessels that are assigned the catch history of the removed catcher vessel cannot be re moved from the fishery cooperative to which the removed catcher vessel be longed for a period of one year from the date that NMFS assigned the catch his tory of the removed catcher vessel to that vessel or vessels. (iv) Replaced vessels and removed ves sels. An AFA vessel that is replaced or removed under paragraph (l)(7) of this section is permanently ineligible to re ceive any permit to participate in any fishery in the Exclusive Economic Zone off Alaska unless the replaced or removed vessel reenters the directed pollock fishery as a replacement vessel under paragraph (l)(7) of this section. (v) Application. To notify NMFS that the owner of an AFA vessel has rebuilt the AFA vessel, the owner of the AFA vessel must submit a complete applica tion. To replace an AFA vessel with an other vessel, NMFS must receive a complete application from the owner of the vessel that is being replaced. To re move an AFA catcher vessel from the directed pollock fishery, NMFS must receive a complete application from the owner of the vessel that is to be re moved. An application must contain the information specified on the appli cation form, with all required fields ac curately completed and all required documentation attached. The applica tion must be submitted to NMFS using the methods described on the applica tion. The application referred to in this paragraph is ‘‘American Fisheries Act (AFA) Permit: Rebuilt, Replacement, or Removed Vessel Application.’’ (8) Application evaluations and ap peals—(i) Initial evaluation. The Re gional Administrator will evaluate an application submitted in accord with paragraph (l) of this section. If the Re gional Administrator determines that the applicant meets the requirements VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00595 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 586 50 CFR Ch. VI (10–1–22 Edition) § 679.4 for NMFS to take the action requested on the application, NMFS will approve the application. If the Regional Admin istrator determines that the applicant has submitted claims based on incon sistent information or fails to submit the information specified in the appli cation, the applicant will be provided a single 30-day evidentiary period to sub mit evidence to establish that the ap plicant meets the requirements for NMFS to take the requested action. The burden is on the applicant to es tablish that the applicant meets the criteria in the regulation for NMFS to take the action requested by the appli cant. (ii) Additional information and evi dence. The Regional Administrator will evaluate the additional information or evidence submitted by the applicant within the 30-day evidentiary period. If the Regional Administrator determines that the additional information or evi dence meets the applicant’s burden of proof, the application will be approved. However, if the Regional Adminis trator determines that the applicant did not meet the applicant’s burden of proof, the applicant will be notified by an initial administrative determina tion (IAD) that the application is de nied. (iii) Initial administrative determina tions (IAD). The Regional Adminis trator will prepare and send an IAD to the applicant following the expiration of the 30-day evidentiary period if the Regional Administrator determines that the information or evidence pro vided by the applicant fails to support the applicant’s claims and is insuffi cient to establish that the applicant meets the requirements for an AFA permit or for NMFS to approve the withdrawal of a catcher vessel, or if the additional information, evidence, or re vised application is not provided within the time period specified in the letter that notifies the applicant of the appli cant’s 30-day evidentiary period. The IAD will indicate the deficiencies in the application, including any defi ciencies with the information, the evi dence submitted in support of the in formation, or the revised application. An applicant who receives an IAD may appeal under the appeals procedures set out at 15 CFR part 906. (iv) Effect of cooperative allocation ap peals. An AFA inshore cooperative may appeal the pollock quota share issued to the cooperative under § 679.62; how ever, final agency action on the appeal must occur prior to December 1 for the results of the appeal to take effect dur ing the subsequent fishing year. (m) Participation in the AI directed pol lock fishery—(1) Applicability. Har vesting pollock in the AI directed pol lock fishery and processing pollock taken in the AI directed pollock fish ery is authorized only for those har vesters and processors that are selected by the Aleut Corporation and approved by the Regional Administrator to har vest pollock in the AI directed pollock fishery or to process pollock taken in the AI directed pollock fishery. (2) Annual selection of participants by the Aleut Corporation. Each year and at least 14 days before harvesting pollock in the AI directed pollock fishery or processing pollock harvested in the AI directed pollock fishery, a participant must be selected by the Aleut Corpora tion and the following information for each participant must be submitted by the designated contact to the Regional Administrator: (i) Vessel or processor name; (ii) Federal fisheries permits number issued under paragraph (b) of this sec tion or Federal processor permit issued under paragraph (f) of this section; and (iii) The fishing year which participa tion approval is requested. (3) Participant approval. (i) Partici pants must have: (A) A valid Federal fisheries permit or Federal processing permit, pursuant to paragraphs (b) and (f) of this section, respectively; (B) A valid fishery endorsement on the vessel’s U.S. Coast Guard docu mentation for the vessel’s participa tion in the U. S. fishery; and (C) A valid AFA permit under: para graph (l)(2) of this section for all catch er/processors, paragraph (l)(3) of this section for all catcher vessels greater than 60 ft (18.3 m) LOA, or paragraph (l)(4) of this section for all motherships. (ii) Each participant selected by the Aleut Corporation that meets the con ditions under paragraph (m)(3)(i) of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00596 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 587 Fishery Conservation and Management § 679.4 this section will be approved by the Re gional Administrator for participation in the AI directed pollock fishery. (iii) The Regional Administrator will provide to the designated contact for the Aleut Corporation the identity of each approved participant and the date upon which participation in the AI di rected pollock fishery may commence. The Aleut Corporation shall forward to the approved participants a copy of NMFS’s approval letter before har vesting or processing occurs. (iv) A copy of NMFS’ approval letter for participating in the AI directed pol lock fishery during the fishing year must be on site at the shoreside proc essor or stationary floating processor, or on board the vessel at all times and must be presented for inspection upon the request of any authorized officer. (4) Participant disapproval. (i) The Re gional Administrator shall disapprove any participant that does not meet the conditions under paragraph (m)(3)(i) of this section. The Regional Adminis trator will notify in writing the Aleut Corporation and the selected partici pant of the disapproval. The selected participant will have 30 days in which to submit proof of meeting the require ments to participate in the AI directed pollock fishery. (ii) The Regional Administrator will prepare and send an initial administra tive determinations (IAD) to the se lected participant following the expira tion of the 30-day evidentiary period if the Regional Administrator determines that the information or evidence pro vided by the selected participant fails to support the participant’s claims and is insufficient to rebut the presumption that the disapproval for participation in the AI directed pollock fishery is correct or if the additional information or evidence is not provided within the time period specified in the letter that notifies the applicant of his or her 30 day evidentiary period. The IAD will indicate the deficiencies in the infor mation required, including the evi dence submitted in support of the in formation. The IAD also will indicate which claims cannot be approved based on the available information or evi dence. A participant who receives an IAD may appeal under the appeals pro cedures set out at § 679.43. A participant who avails himself or herself of the op portunity to appeal an IAD will receive an interim approval from NMFS au thorizing participation in the AI di rected pollock fishery. An interim ap proval based on claims contrary to the final determination will expire upon final agency determination. (n) Rockfish Program—(1) Cooperative quota (CQ). (i) A CQ permit is issued annually to a rockfish cooperative if the members of that rockfish coopera tive have submitted a complete and timely application for CQ as described in § 679.81(f) that is approved by the Re gional Administrator. A CQ permit au thorizes a rockfish cooperative to par ticipate in the Rockfish Program. The CQ permit will indicate the amount of rockfish primary species and rockfish secondary species that may be har vested by the rockfish cooperative, and the amount of rockfish halibut PSC that may be used by the rockfish coop erative. The CQ permit will list the members of the rockfish cooperative, the vessels that are authorized to fish under the CQ permit for that rockfish cooperative, and the rockfish processor with whom that rockfish cooperative is associated, if applicable. (ii) A CQ permit is valid only until the end of the calendar year for which the CQ permit is issued; (iii) A legible copy of the CQ permit must be carried on board the vessel(s) used by the rockfish cooperative. (2) Rockfish cooperative termination of fishing declaration. (i) A rockfish coop erative may choose to terminate its CQ permit through a declaration sub mitted to NMFS. (ii) This declaration may only be sub mitted to NMFS electronically. The rockfish cooperative’s designated rep resentative must log into the online system and create a request for termi nation of fishing declaration as indi cated on the computer screen. By using the rockfish cooperative’s NMFS ID and password, and submitting the ter mination of fishing declaration re quest, the designated representative certifies that all information is true, correct, and complete. (o) Amendment 80 Program—(1) Amend ment 80 QS permit. (i) An Amendment 80 QS permit is issued to a person who VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00597 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 588 50 CFR Ch. VI (10–1–22 Edition) § 679.4 submits a timely and complete applica tion for Amendment 80 QS that is ap proved by NMFS under § 679.90(b). (ii) An Amendment 80 QS permit is assigned to the owner of an Amend ment 80 vessel that gave rise to that permit under the provisions of § 679.90(b), or its replacement under § 679.4(o)(4), unless the Amendment 80 QS permit is assigned to the holder of an LLP license originally assigned to an Amendment 80 vessel under the pro visions of § 679.90(d) or § 679.90(e). (iii) If an Amendment 80 QS permit is assigned to the owner of an Amend ment 80 vessel the Amendment 80 QS permit will designate the Amendment 80 vessel to which that permit is as signed. (iv) If an Amendment 80 QS permit is assigned to the holder of an LLP li cense originally assigned to an Amend ment 80 vessel under the provisions of § 679.90(d)(2)(ii) or § 679.90(e)(4), the Amendment 80 QS permit will be per manently affixed to the LLP license originally assigned to an Amendment 80 vessel which will be designated as an Amendment 80 LLP/QS license. (v) Amendment 80 QS units assigned to an Amendment 80 QS permit are non-severable from that Amendment 80 QS permit and if transferred, the Amendment 80 QS permit must be transferred in its entirety to another person under the provisions of § 679.90(d) or § 679.90(e). (vi) A person must hold an Amend ment 80 LLP license to hold an Amend ment 80 QS permit. (vii) The owner of an Amendment 80 vessel must designate the Amendment 80 vessel on an Amendment 80 QS per mit and on an Amendment 80 LLP li cense, or designate the Amendment 80 vessel on the Amendment 80 LLP/QS li cense to use that Amendment 80 vessel in an Amendment 80 fishery. (2) Amendment 80 Cooperative quota (CQ) permit. (i) A CQ permit is issued annually to an Amendment 80 coopera tive that submits a timely and com plete application for CQ that is ap proved by NMFS as described at § 679.91(b)(4). (ii) A CQ permit authorizes an Amendment 80 cooperative to catch a quantity of fish expressed as a portion of the ITAC and halibut and crab PSC that may be held for exclusive use by that Amendment 80 cooperative. (iii) A CQ permit will indicate the amount of Amendment 80 species that may be caught by the Amendment 80 cooperative, and the amount of Amend ment 80 crab and halibut PSC that may be used by the Amendment 80 coopera tive. The CQ permit will list the mem bers of the Amendment 80 cooperative, Amendment 80 LLP licenses, Amend ment 80 QS permits, and Amendment 80 vessels that are assigned to that Amendment 80 cooperative. (iv) The amount of CQ listed on the CQ permit will be based on: (A) The amount of Amendment 80 QS units held by all members of the Amendment 80 cooperative designated on a timely and complete application for CQ as described under § 679.91(b) that is approved by NMFS; (B) The Amendment 80 QS units de rived from Amendment 80 QS permits held by members of the Amendment 80 cooperative who have submitted a timely and complete EDR for all Amendment 80 QS permits held by that member as described under § 679.94; and (C) The amount of CQ as modified by an application for CQ transfer as de scribed under § 679.91(g) that is ap proved by NMFS. (v) A CQ permit is valid until which ever of the following occurs first: (A) Until the end of the year for which the CQ permit is issued; or (B) Until the permit is revoked, sus pended, or modified pursuant to § 679.43 or under 15 CFR part 904. (vi) A legible copy of the CQ permit must be carried onboard an Amend ment 80 vessel assigned to an Amend ment 80 cooperative when fishing in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season. (3) Amendment 80 limited access fishery permit. (i) An Amendment 80 limited ac cess fishery permit is required for an Amendment 80 QS holder to catch, process, and receive Amendment 80 spe cies assigned to the Amendment 80 lim ited access fishery, or use halibut and crab PSC assigned to the Amendment 80 limited access fishery. An Amend ment 80 limited access fishery permit is issued annually to an Amendment 80 QS holder who: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00598 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 589 Fishery Conservation and Management § 679.4 (A) Has submitted a timely and com plete application for the Amendment 80 limited access fishery as described at § 679.91(b)(4) that is approved by NMFS, or (B) Is assigned to the Amendment 80 limited access fishery by NMFS as de scribed at § 679.91(a)(3)(ii); and (C) Has submitted a timely and com plete EDR for all Amendment 80 QS permits held by that person as de scribed under § 679.94. (ii) An Amendment 80 limited access fishery permit is valid until whichever of the following occurs first: (A) Until the end of the year for which the Amendment 80 limited ac cess fishery permit is issued; or (B) Until the permit is revoked, sus pended, or modified pursuant to § 679.43 or under 15 CFR part 904. (iii) A legible copy of the Amendment 80 limited access fishery permit must be carried onboard an Amendment 80 vessel assigned to the Amendment 80 limited access fishery when fishing in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season. (4) Amendment 80 Replacement Vessel. (i) The owner of an Amendment 80 ves sel may replace such vessel for any purpose. All Federal fishery regula tions applicable to the replaced vessel apply to the replacement vessel, except as described at § 679.92(d)(2)(ii) if appli cable. A vessel that replaces an Amend ment 80 vessel will be approved by the Regional Administrator as an Amend ment 80 vessel following the submis sion and approval of a completed appli cation for an Amendment 80 Replace ment Vessel, provided that: (A) The replacement vessel does not exceed 295 ft. (89.9 m) LOA; (B) The replacement vessel was built in the United States and, if ever re built, rebuilt in the United States; (C) The applicant provides docu mentation that the replacement vessel complies with U.S. Coast Guard safety requirements applicable to processing vessels operating in the Amendment 80 sector or, if unable to provide such doc umentation, the applicant provides documentation that the replacement vessel meets the requirements of the U.S. Coast Guard’s Alternative Compli ance and Safety Agreement; and (D) The replacement vessel is not a vessel listed at section 208(e)(1) through (20) of the American Fisheries Act or permitted under paragraph (l)(2)(i) of this section; is not an AFA replacement vessel designated on a listed AFA catcher/processor permit under paragraph (l)(2)of this section; and is not an AFA catcher vessel per mitted under paragraph (l)(3) of this section. (ii) Application for Amendment 80 Re placement Vessel. A person who wishes to replace an Amendment 80 vessel must submit to NMFS a complete Ap plication for Amendment 80 Replace ment Vessel. An application must con tain the information specified on the form, with all required fields accu rately completed and all required docu mentation attached. This application must be submitted to NMFS using the methods described on the application. (5) Application evaluations and ap peals—(i) Initial evaluation. The Re gional Administrator will evaluate an application for an Amendment 80 re placement vessel submitted in accord ance with paragraph (o)(4) of this sec tion. If the vessel listed in the applica tion does not meet the requirements for an Amendment 80 replacement ves sel at § 679.4(o)(4), NMFS will not ap prove the application. An applicant who submits claims based on incon sistent information or fails to submit the information specified in the appli cation for an Amendment 80 replace ment vessel will be provided a single 30-day evidentiary period to submit evidence to establish that the vessel meets the requirements to be an Amendment 80 replacement vessel. The burden is on the applicant to establish that the vessel meets the criteria to become a replacement vessel. (ii) Additional information and evi dence. The Regional Administrator will evaluate the additional information or evidence to support an application for Amendment 80 replacement vessel sub mitted within the 30-day evidentiary period. If the Regional Administrator determines that the additional infor mation or evidence meets the appli cant’s burden of proving that the vessel meets the requirements to become an Amendment 80 Replacement Vessel, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00599 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 590 50 CFR Ch. VI (10–1–22 Edition) § 679.4 the application will be approved. How ever, if the Regional Administrator de termines that the vessel does not meet the requirements to become an Amend ment 80 Replacement Vessel, the appli cant will be notified by an initial ad ministrative determination (IAD) that the application for replacement vessel is denied. (iii) Initial administrative determina tions (IAD). The Regional Adminis trator will prepare and send an IAD to the applicant following the expiration of the 30-day evidentiary period if the Regional Administrator determines that the information or evidence pro vided by the applicant fails to support the applicant’s claims and is insuffi cient to establish that the vessel meets the requirements for an Amendment 80 replacement vessel or if the additional information, evidence, or revised appli cation is not provided within the time period specified in the letter that noti fies the applicant of his or her 30-day evidentiary period. The IAD will indi cate the deficiencies in the application, including any deficiencies with the in formation, the evidence submitted in support of the information, or the re vised application. An applicant who re ceives an IAD may appeal under the ap peals procedures set out at § 679.43. (p) Flatfish Exchange Application—(1) Completed application. NMFS will proc ess only completed Flatfish Exchange Applications submitted by CDQ groups or Amendment 80 cooperatives. (2) Certification. The designated rep resentative must log into the Alaska Region Online application Web site and complete an exchange application form provided on the Web site. By using the NMFS ID, password, and Transfer Key and submitting the Flatfish Exchange Application, the designated representa tive certifies that all information sub mitted is true, correct, and complete. (3) Approval. A CDQ group or Amend ment 80 cooperative must receive NMFS’ approval of a Flatfish Exchange Application prior to using the CDQ or Amendment 80 CQ subject to the Flat fish Exchange. NMFS will approve the Flatfish Exchange Application if: (i) The CDQ group has sufficient CDQ ABC reserves of flathead sole, rock sole, or yellowfin sole; (ii) The Amendment 80 cooperative has sufficient Amendment 80 ABC re serves of flathead sole, rock sole, or yellowfin sole; (iii) The CDQ group receiving flat head sole, rock sole, or yellowfin sole from its CDQ ABC reserve exchanges an equal amount of unused CDQ of flat head sole, rock sole, or yellowfin sole, other than the species received from its CDQ ABC reserve; (iv) The Amendment 80 cooperative receiving flathead sole, rock sole, or yellowfin sole from its Amendment 80 ABC reserve exchanges an equal amount of unused Amendment 80 CQ of flathead sole, rock sole, or yellowfin sole, other than the species received from its Amendment 80 ABC reserve; (v) The CDQ group or Amendment 80 cooperative has not received at least three approved Flatfish Exchanges dur ing that calendar year, as described at paragraph (p)(5) of this section; (vi) Approval of the Flatfish Ex change Application will not cause flat head sole, rock sole, or yellowfin sole to exceed an ABC or an ABC reserve for that species; and (vii) NMFS receives a completed Flatfish Exchange Application from a CDQ group or Amendment 80 coopera tive during the calendar year for which the Flatfish Exchange would be effec tive, and NMFS can approve that Flat fish Exchange Application before the end of the calendar year in which the Flatfish Exchange would be effective. (4) Notification. (i) No exchange, ad justment, or apportionment of flathead sole, rock sole, or yellowfin sole may take effect until a notice of adjustment or apportionment has been published in the FEDERAL REGISTER with a state ment of the findings on which the ap portionment or adjustment is based. (ii) Each NMFS approved Flatfish Exchange is debited as one Flatfish Ex change. An approved Flatfish Exchange is effective on the date of publication of the notice of adjustment or appor tionment in the FEDERAL REGISTER. (5) CDQ ABC reserve and Amendment 80 ABC reserve exchange limitations. Each CDQ group and each Amendment 80 cooperative is limited to no more than three Flatfish Exchanges per cal endar year. [61 FR 31230, June 19, 1996] VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00600 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 591 Fishery Conservation and Management § 679.5 EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.4, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.5 Recordkeeping and reporting (R&R). (a) General R&R requirements. R&R re quirements include, but are not limited to, paper and electronic documenta tion, logbooks, forms, reports, receipts, computer printouts, and requests for inspection described in this section and in § 679.28. (1) Groundfish logbooks and forms. (i) The Regional Administrator will pre scribe and provide groundfish logbooks required under this section. All ground fish forms required under this section are available from the Alaska Region website at http://alaskafisheries.noaa.gov or may be requested by calling the Sus tainable Fisheries Division at 907–586– 7228 or faxing 907–586–7465. The forms may be completed online, printed, and mailed or faxed to NMFS at the ad dress or fax number shown on the form. The forms also may be completed on line, saved as a file, and submitted to NMFS as an attachment to an e-mail to the e-mail address shown on the form. (ii) Current editions. The operator must use the current edition of the logbooks and current format of the forms. Upon approval from the Re gional Administrator NMFS-approved electronic versions of the forms may be used. Upon written notification and ap proval by the Regional Administrator, logbooks from the previous year may be used. (iii) Management program defined. A ‘‘management program’’ is a unique fishery program with a specific man agement strategy and/or allocation. Harvest that occurred under the man agement programs listed in the fol lowing table must be recorded sepa rately in the logbooks, forms, and eLandings. If harvest made under . . . program Record the . . . For more information, see . . . (A) Western Alaska Community Development Quota (CDQ) CDQ number subpart C of this part (B) Exempted Fishery Exempted fishery permit number § 679.6 (C) Research Fishery Research fishery permit number § 600.745(a) of this chapter (D) Aleutian Islands Pollock (AIP) n/a subpart F of this part (E) Open access (OA) [for recording in eLandings only] paragraph (e) of this section (F) Rockfish Program Cooperative number subpart H to this part. (2) Responsibility. (i) The operator of a catcher vessel, catcher/processor, mothership, or tender vessel (hereafter referred to as the operator) and the manager of a shoreside processor, SFP, or buying station (hereafter referred to as the manager) are each responsible for complying with the applicable R&R requirements in this section and in § 679.28. (ii) The owner of a vessel, shoreside processor, SFP, buying station, or ten der vessel is responsible for compliance and must ensure that the operator, manager, or representative (see para graph (b) of this section) complies with the applicable R&R requirements in this section and in § 679.28. (iii) The IFQ permit holder, IFQ hired master permit holder, or Registered Buyer must comply with the R&R re quirements provided at paragraphs (e), (g), (k), and (l) of this section. (iv) The CDQ permit holder, CDQ hired master permit holder, or Reg istered Buyer must comply with the R&R requirements provided at para graphs (e), (g), (k), and (l)(1) through (6) of this section. (3) Fish to be recorded and reported. The operator or manager must record and report the following information (see paragraphs (a)(3)(i) through (iv) of this section) for all groundfish (see Table 2a to this part), prohibited spe cies (see Table 2b to this part), forage fish (see Table 2c to this part), grena diers (see Table 2c to this part), squids (see Table 2c to this part), and sculpins VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00601 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 592 50 CFR Ch. VI (10–1–22 Edition) § 679.5 (see Table 2c to this part). The oper ator or manager may record and report the following information (see para graphs (a)(3)(i) through (iv) of this sec tion) for non-groundfish (see Table 2d to this part): (i) Harvest information; (ii) Receipt information from catcher vessels, buying stations, and tender vessels including fish received from vessels not required to have an FFP; and fish received under contract for handling or processing for another processor; (iii) Discard or disposition informa tion, including fish reported but not delivered to the operator or manager, e.g., fish used onboard a vessel, when receiving catch from a catcher vessel, buying station, or tender vessel; and (iv) Transfer information, including fish transferred out of the facility or off the vessel. (4) Exemptions—(i) Catcher vessels less than 60 ft (18.3 m) LOA. Except for ves sels using pot gear as described in para graph (c)(3)(i)(B)(1) of this section and the vessel activity report described at paragraph (k) of this section, the owner or operator of a catcher vessel less than 60 ft (18.3 m) LOA is not required to comply with the R&R requirements of this section. (ii) Catcher vessels that take groundfish in crab pot gear for use as crab bait on that vessel. (A) Owners or operators of catcher vessels who, when crab is open anywhere or in the same area as an open crab season, take groundfish in crab pot gear for use as crab bait on board their same vessels, and the bait is neither transferred nor sold, are not required to comply with R&R require ments of this section. (B) This exemption does not apply to fishermen who: (1) Catch groundfish for bait during an open crab season and sell that groundfish or transfer it to another vessel, or (2) Participate in a directed fishery for groundfish using any gear type dur ing periods that are outside an open crab season for use as crab bait on board their vessel. (C) No groundfish species listed by NMFS as ‘‘prohibited’’ in a manage ment or regulatory area may be taken in that area for use as bait. (5) Inspection and retention of records— (i) Inspection of records. The operator or manager must make available for in spection the R&R documentation in this section and in § 679.28 upon the re quest of an authorized officer. (ii) Retention of records. The operator or manager must retain the R&R docu mentation described in this section and in § 679.28: (A) On site. Retain these records on site at the shoreside processor or SFP, or onboard the vessel until the end of the fishing year during which the records were made and for as long thereafter as fish or fish products re corded in the R&R documentation are retained. (B) For 3 years. Retain these records for 3 years after the end of the fishing year during which the records were made. (6) Maintenance of records. The oper ator or manager must maintain all records described in this section and in § 679.28 in English and in a legible, timely, and accurate manner, based on Alaska local time (A.l.t.); if hand written, in indelible ink; if computer generated, as a legible printed paper copy. (7) Custom processing. The manager of a shoreside processor or SFP or the op erator of a mothership must record products that result from custom proc essing for another person in eLandings consistently throughout a fishing year using one of the following two meth ods: (i) Combined records. Record landings, discards or dispositions, and products of custom-processed groundfish rou tinely in eLandings using processor name, FFP or FPP number, and ADF&G processor code; or (ii) Separate records. Record landings, discards or dispositions, and products of custom-processed groundfish in eLandings identified by the name, FPP number or FFP number, and ADF&G processor code of the associated busi ness entity. (b) Representative. The operator of a catcher vessel, mothership, catcher/ processor, or tender vessel or manager of a shoreside processor, SFP, or buy ing station may identify one contact person to complete the logbook and forms and to respond to inquiries from VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00602 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 593 Fishery Conservation and Management § 679.5 NMFS. Designation of a representative under this paragraph (b) does not re lieve the owner, operator, or manager of responsibility for compliance under paragraphs (a)(1) through (6) of this section. (c) Logbooks—(1) Requirements—(i) Use of two or more vessel logbooks of same gear type. If using more than one log book of the same gear type in a fishing year onboard a vessel, the operator must ensure that the page numbers fol low the consecutive order of the pre vious logbook. (ii) Use of two or more vessel logbooks of different gear types. If two or more different gear types are used onboard a vessel in a fishing year, the operator(s) of this vessel must use the same num ber of separate vessel logbooks for the different gear types, each separately paginated. (iii) Two vessel logbooks for pair trawl. If two vessels are dragging a trawl be tween them (pair trawl), the operator of each vessel must maintain a sepa rate logbook to record the amount of the catch retained and fish discarded by that vessel. Each of the two logbooks must be separately paginated. (iv) Two logbooks of different oper ation. If a vessel functions both as a mothership and as a catcher/processor in the same fishing year, the oper ator(s) must maintain two logbooks, a separate logbook for each operation type, each separately paginated. (v) Alteration of logbook information. (A) Except as described in paragraph (c)(1)(v)(B) of this section, no person may alter or change any entry or record in a logbook. (B) An inaccurate or incorrect entry or record must be corrected by lining out the original and inserting the cor rection, provided that the original entry or record remains legible. All corrections must be made in ink. (vi) Logsheet distribution and sub mittal. (A) No person except an author ized officer may remove any original white logsheet of any logbook. (B) The operator must distribute and submit logsheets as indicated in the following table: Logsheet Distribution and Submittal If logsheet color is ... Logsheets found in these logbooks Submit to ... Time limit CV lgl/pot CV trw CP lgl/pot CP trw MS (1) White X X X X X Must retain, permanently bound in logbook (2) Goldenrod X X X X X Observer After signature of operator and prior to departure of ob server from the vessel. (3) Yellow X X Must submit quarterly to: NOAA Fisheries Of fice for Law Enforce ment Alaska Region Logbook Program, P.O. Box 21767, Ju neau, AK 99802– 1767 Telephone: 907–586–7225 On the following schedule: 1st quarter by May 1 of that fishing year. 2nd quarter by August 1 of that fishing year. 3rd quarter by November 1 of that fishing year. 4th quarter by February 1 of the following fishing year. (4) Blue X X Mothership, shoreside processor, SFP, buying station, or tender vessel that receives the harvest Within 2 hours after comple tion of catch delivery (5) Green X X Optional, but may be re quired by IPHC (see §§ 300.60 through 300.65 of this chapter) If required, after the vessel’s catch is off-loaded Note: CP = catcher/processor; CV = catcher vessel; pot = longline pot or pot-and-line; lgl = longline; trw = trawl; MS = mothership. (2) Recording active and inactive time periods in the DFL or DCPL—(i) Account for each day of the fishing year. The op erator must account for each day of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00603 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 594 50 CFR Ch. VI (10–1–22 Edition) § 679.5 the fishing year, January 1 through De cember 31, in the DFL or DCPL and in dicate whether the vessel or processor was active or inactive during the time period. (A) An active period by fishing cat egory is defined in the following para graphs under this section: Paragraph Fishing Category (c)(3)(iv)(A)(1) Catcher vessel, longline or pot gear (c)(3)(iv)(B)(1) Catcher/processor, longline or pot gear (c)(4)(iv)(A)(1) Catcher vessel, trawl gear (c)(4)(iv)(B)(1) Catcher/processor, trawl gear (c)(5)(ii) Shoreside processor or SFP (c)(6)(iv) Mothership (B) An inactive period is defined as a time period other than active. (ii) Record January 1 on page 1. The operator must record the first day of the fishing year, January 1, on page one of the DFL or DCPL regardless of whether the vessel or processor was ac tive or inactive. The operator must record time periods consecutively. (iii) Required information for inactive periods. If inactive, the operator must record the following information (see paragraphs (c)(2)(iii)(A) through (F) of this section) on one logsheet in the DFL or DCPL: (A) If a catcher vessel, record vessel name, ADF&G vessel registration num ber, FFP number or Federal crab vessel permit number, operator printed name, operator signature, and page number. (B) If a mothership or catcher/proc essor, record vessel name, ADF&G processor code, FFP number, operator printed name, operator signature, and page number. (C) Mark ‘‘inactive.’’ (D) Record the date (mm/dd) of the first day when inactive under ‘‘Start date.’’ (E) Write brief explanation why inac tive, e.g., bad weather or equipment failure. If inactive due to surrender of a FFP or FPP, write ‘‘surrender of per mit’’ as the reason for inactivity. (F) Record the date (mm/dd) of the last day when inactive under ‘‘End date.’’ (iv) Inactive two or more quarters. If the inactive time period extends across two or more successive quarters, the operator must complete a logsheet for each inactive quarter. The first logsheet must indicate the first and last day of the first inactive quarter. Successive logsheets must indicate the first and last day of its respective inac tive quarter. (3) Longline and pot gear catcher vessel DFL and catcher/processor DCPL—(i) Re sponsibility—(A) Groundfish fisheries. (1) Except as described in paragraph (f)(1)(i) of this section, the operator of a catcher vessel 60 ft (18.3 m) or greater LOA, that is required to have an FFP under § 679.4(b) and that is using longline or pot gear to harvest ground fish must maintain a longline and pot gear DFL. (2) Except as described in paragraph (f)(1)(ii) of this section, the operator of a catcher/processor that is required to have an FFP under § 679.4(b) and that is using longline or pot gear to harvest groundfish must use a combination of catcher/processor longline and pot gear DCPL and eLandings to record and re port daily processor identification in formation, catch-by-set information, groundfish production data, and groundfish and prohibited species dis card or disposition data. (B) IFQ or CDQ halibut, or IFQ or CDQ sablefish fisheries. (1) The operator of a catcher vessel less than 60 ft (18.3 m) LOA, using longline pot gear to harvest IFQ sablefish or IFQ halibut in the GOA, or using pot gear to harvest IFQ or CDQ halibut or IFQ or CDQ sablefish in the BSAI, must maintain a longline and pot gear DFL according to para graph (c)(3)(iv)(A)(2) of this section. (2) Except as described in paragraph (f)(1)(i) of this section, the operator of a catcher vessel 60 ft (18.3 m) or greater LOA in the GOA must maintain a longline and pot gear DFL according to paragraph (c)(3)(iv)(A)(2) of this sec tion, when using longline gear or longline pot gear to harvest IFQ sable fish and when using gear composed of lines with hooks attached, setline gear (IPHC), or longline pot gear to harvest IFQ halibut. (3) Except as described in paragraph (f)(1)(i) of this section, the operator of a catcher vessel 60 ft (18.3 m) or greater LOA in the BSAI must maintain a longline and pot gear DFL according to VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00604 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 595 Fishery Conservation and Management § 679.5 paragraph (c)(3)(iv)(A)(2) of this sec tion, when using hook-and-line gear or pot gear to harvest IFQ or CDQ sable fish, and when using pot gear or gear composed of lines with hooks attached or setline gear (IPHC) to harvest IFQ halibut or CDQ halibut. (4) Except as described in paragraph (f)(1)(ii) of this section, the operator of a catcher/processor in the GOA must use a combination of a catcher/proc essor longline and pot gear DCPL and eLandings according to paragraph (c)(3)(iv)(B)(2) of this section, when using longline gear or longline pot gear to harvest IFQ sablefish and when using gear composed of lines with hooks attached, setline gear (IPHC), or longline pot gear to harvest IFQ hal ibut. (5) Except as described in paragraph (f)(1)(ii) of this section, the operator of a catcher/processor in the BSAI must use a combination of a catcher/proc essor longline and pot gear DCPL and eLandings according to (c)(3)(iv)(B)(2) of this section, when using hook-and line gear or pot gear to harvest IFQ sa blefish, and when using gear composed of lines with hooks attached or setline gear (IPHC) to harvest IFQ halibut or CDQ halibut. (C) CR crab fisheries. The operator of a catcher vessel 60 ft (18.3 m) or greater LOA, using pot gear to harvest CR crab from the BSAI must maintain a longline and pot gear DFL. (ii) Reporting time limits—(A) Catcher vessel. The operator of a catcher vessel using longline or pot gear must record in the DFL the information from the following table for each set within the specified time limit: REPORTING TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR Required information Time limit for recording (1) FFP number and/or Federal crab vessel permit number (if applicable), IFQ permit numbers (halibut, sablefish, and crab), CDQ group number, halibut CDQ permit number, set number, date and time gear set, date and time gear hauled, beginning and end positions of set, number of skates or pots set, and estimated total hail weight for each set Within 2 hours after completion of gear retrieval. (2) Discard and disposition information By 2400 hours, A.l.t., each day to record the previous day’s discard and disposition information. (3) Submit the blue DFL to mothership, shoreside processor, SFP, buying station, or tender vessel receiving catch Within 2 hours after completion of catch delivery (4) All other required information Within 2 hours after the vessel’s catch is off-loaded, not withstanding other time limits (5) Operator sign the completed logsheets Within 2 hours after completion of catch delivery (6) Submit goldenrod logsheet to the observer After signature of operator and prior to departure of ob server from the vessel. (B) Catcher/processor. The operator of a catcher/processor using longline or pot gear must record in the DCPL or submit via eLandings the information from the following table for each set within the specified time limit: REPORTING TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR Required information Record In DCPL Submit via eLandings Time limit for reporting (1) FFP number and/or Federal crab vessel per mit number (if applicable), IFQ permit numbers (halibut, sablefish, and crab), CDQ group number, halibut CDQ permit number, set number, date and time gear set, date and time gear hauled, be ginning and end positions of set, number of skates or pots set, and estimated total hail weight for each set X Within 2 hours after completion of gear retrieval. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00605 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 596 50 CFR Ch. VI (10–1–22 Edition) § 679.5 REPORTING TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR Required information Record In DCPL Submit via eLandings Time limit for reporting (2) Discard and disposition information X By 2400 hours, A.l.t., each day to record the previous day’s discard and disposition informa tion (3) Product information X By 2400 hours, A.l.t., each day to record the previous day’s production information (4) All other required information X By 2400 hours, A.l.t., of the day following com pletion of production. (5) Operator sign the completed logsheets X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting pe riod. (6) Submit goldenrod logsheet to the observer X After signature of operator and prior to depar ture of observer from the vessel (iii) Required information, if inactive. See paragraph (c)(2) of this section. (iv) Required information, if active—(A) Catcher vessel, longline or pot gear. (1) A catcher vessel using longline or pot gear is active when gear remains on the grounds in a reporting area (except reporting areas 300, 400, 550, or 690), re gardless of the vessel location. (2) If a catcher vessel identified in paragraph (c)(3)(i)(A)(1) or (c)(3)(i)(B)(1) through (3) of this section is active, the operator must record in the longline and pot gear DFL, for one or more days on each logsheet, the information list ed in paragraphs (c)(3)(v), (vi), (viii), and (x) of this section. (3) Retain and record discard quantities over the MRA. When a CV is fishing in an IFQ fishery and the fishery for Pa cific cod is closed to directed fishing but not in PSC status in that reporting area as described in § 679.20, the oper ator must retain and record up to and including the maximum retainable amount (MRA) for Pacific cod as de fined in Tables 10 or 11 to this part. Quantities over this amount must be discarded and recorded as discard in the logbook. (B) Catcher/processor, longline or pot gear. (1) A catcher/processor using longline or pot gear is active when processing or when all or part of the longline or pot gear is in the water. (2) If a catcher/processor identified in paragraph (c)(3)(i)(A)(2) or (c)(3)(i)(B)(4) through (5) of this section is active, the operator must record in the catcher/ processor longline and pot gear DCPL the information listed in paragraphs (c)(3)(v) and (vi) of this section and must record in eLandings the informa tion listed in paragraphs (c)(3)(v), (vii), and (ix) of this section. (3) Retain and record discard quantities over the MRA. When a catcher/processor is fishing in an IFQ fishery and the fishery for Pacific cod or rockfish is closed to directed fishing but not in PSC status in that reporting area as described in § 679.20, the operator must retain and record up to and including the MRA for Pacific cod or rockfish as defined in Table 10 or 11 to this part. Quantities over this amount must be discarded and recorded as discard in eLandings. (v) Identification information—(A) Page number. Number the pages in each log book consecutively, beginning on the first page of the DFL or DCPL with page 1 for January 1 and continuing for the remainder of the fishing year. (B) Printed name and signature of oper ator. The operator’s name must be printed in the DFL or DCPL. The oper ator must sign each completed logsheet of the DFL or DCPL as verification of acceptance of the responsibility re quired in paragraph (a)(2) of this sec tion (C) Vessel identification. Name of ves sel as displayed in official documenta tion; FFP number or Federal crab ves sel permit number of the vessel; and ADF&G vessel registration number if a catcher vessel or ADF&G processor code if a catcher/processor. (D) Other permit numbers (if applica ble). IFQ permit number of the oper ator, if any, and each permit number of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00606 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 597 Fishery Conservation and Management § 679.5 any IFQ permit on which anyone aboard is authorized to fish; groundfish CDQ number; and halibut CDQ permit number. (E) Reporting area—(1) Groundfish. Record the Federal reporting area code (see Figures 1 and 3 to this part) where gear retrieval was completed, regard less of where the majority of the set took place. Use a separate logsheet for each reporting area. (2) IFQ halibut and CDQ halibut. Record the IPHC regulatory area (see Figure 15 to this part) where gear re trieval was completed, regardless of where the majority of the set took place. (3) CR crab. Leave this field blank. (F) Crew size. If a catcher vessel, record the number of crew members (including operator), excluding ob server(s), on the last day of a trip. If a catcher/processor, record the number of crew members (including operator), ex cluding observer(s), on the last day of the weekly reporting period. (G) Gear type. Use a separate logsheet for each gear type. Place a check mark in the box for the gear type used to harvest the fish or crab. Record the in formation from the following table for the appropriate gear type on the logsheet. If the gear type is the same on subsequent logsheets, place a check mark in the box instead of re-entering the gear type information on the next logsheet. If gear type is . . . Then . . . (1) Other gear ............................................. If gear is other than those listed within this table, indicate ‘‘Other’’ and describe. (2) Pot gear (includes pot-and-line and longline pot). (i) If using longline pot gear in the GOA, enter the length of longline pot set to the nearest foot, the size of pot in inches (width by length by height or diameter), and spacing of pots to the nearest foot. (ii) If using longline pot gear in the GOA, enter the number of pots deployed in each set (see paragraph (c)(3)(vi)(F) of this section) and the number of pots lost when the set is retrieved (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title). (iii) If using pot gear, enter the number of pots deployed in each set (see para graph (c)(3)(vi)(F) of this section) and the number of pots lost when the set is re trieved (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title). (3) Hook-and-line gear ................................ Indicate: (i) Whether gear is fixed hook (conventional or tub), autoline, or snap (op tional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title). (ii) Number of hooks per skate (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title), length of skate to the nearest foot (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title), size of hooks, and hook spacing in feet. (iii) Enter the number of skates set and number of skates lost (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title). (iv) Seabird avoidance gear code(s) (see § 679.24(e) and Table 19 to this part). (v) Enter the number of mammals sighted while hauling gear next to the mammal name: Sperm, orca, and other (optional, but may be required by IPHC regula tions, see §§ 300.60 through 300.65 of this title). (vi) Enter the number of sablefish, halibut, other fish, or hooks damaged found while hauling gear (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title). (H) Management program. Indicate whether harvest occurred under a man agement program (see paragraph (a)(1)(iii) of this section). Use a sepa rate logsheet for each management program. If harvest is not under one of the listed management programs, leave blank. (I) Observer information. Record the number of observers aboard, the name of the observer(s), and the observer cruise number(s). (vi) Catch-by-set information. The op erator must record the following infor mation (see paragraphs (c)(3)(vi)(A) through (L) of this section) for each set (see § 679.2) in the DFL or DCPL. If no catch occurred for a given day, write ‘‘no catch.’’ (A) Set number. Sequentially by year. (B) Gear deployment (or to set gear)— (1) Hook-and-line gear begin position. Record date (mm/dd), time (in military format, A.l.t.), and the begin position VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00607 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 598 50 CFR Ch. VI (10–1–22 Edition) § 679.5 (in latitude and longitude to the near est minute; indicate E or W for lon gitude) when the first hook-and-line gear of a set enters the water. (2) Jig or troll gear begin position. Record date (mm/dd), time (in military format, A.l.t.), and the begin position (latitude and longitude to the nearest minute; indicate E or W for longitude) when the jig or troll gear enters the water. (3) Pot gear begin position. Record date (mm/dd), time (in military format, A.l.t.), and the begin position (latitude and longitude to the nearest minute; indicate E or W for longitude) when the pot gear enters the water. (C) Gear retrieval (or to haul gear)—(1) Hook-and-line gear end position. Date (mm/dd), time (in military format, A.l.t.), and end position coordinates (in latitude and longitude to the nearest minute; indicate E or W for longitude), where the last hook-and-line gear of a set leaves the water, regardless of where the majority of the set took place. (2) Jig or troll gear end position. Date (mm/dd), time (in military format, A.l.t.), and end position coordinates (in latitude and longitude to the nearest minute; indicate E or W for longitude) where the jig or troll gear leaves the water. (3) Pot gear end position. Date (mm/ dd), time (in military format, A.l.t.), and end position coordinates (in lati tude and longitude to the nearest minute; indicate E or W for longitude) where the last pot of a set is retrieved, regardless of where the majority of the set took place. (D) Begin and end buoy or bag num bers. (optional, but may be required by IPHC regulations (see §§ 300.60 through 300.65 of this chapter)). (E) Begin and end gear depths. Re corded to the nearest fathom (optional, but may be required by IPHC regula tions (see §§ 300.60 through 300.65 of this chapter)). (F) Species codes. The operator must record and report required information for all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), forage fish (see Table 2c to this part), grenadiers (see Table 2c to this part), squids (see Table 2c to this part), and sculpins (see Table 2c to this part). The operator may record and report information for non-ground fish (see Table 2d to this part). (G) Target species code. Enter the spe cies code of the intended species to be harvested. Enter only one target spe cies code. (H) Estimated total hail weight. Enter the estimated hail weight, which is an estimate of the total weight of the en tire catch without regard to species. Indicate whether weight is estimated to the nearest pound or to the nearest 0.001 mt. (I) IR/IU species (see § 679.27). If a catcher/processor, enter species code of IR/IU species and estimated total round weight for each IR/IU species, if applicable; indicate whether weight is estimated to the nearest pound or the nearest 0.001 mt. Use one line to record information for each IR/IU species, in cluding species code and amount of catch. If more than one IR/IU species are to be recorded, the operator must use a separate line for each species. (J) IFQ halibut and CDQ halibut. Esti mated total net weight of IFQ halibut and CDQ halibut to the nearest pound. (K) IFQ sablefish. Number and esti mated total round weight of IFQ sable fish to the nearest pound. Indicate whether IFQ sablefish product is West ern cut, Eastern cut, or round weight. (L) CR crab. If in a CR crab fishery, record the number and scale weight of raw CR crab to the nearest pound. (vii) Product information, catcher/proc essor. The operator of a catcher/proc essor using longline or pot gear must record groundfish product information for all retained groundfish in eLandings (see paragraph (e)(10) of this section). (viii) Discard or disposition informa tion, catcher vessel. The operator must record in a DFL the discard or disposi tion information that occurred prior to and during delivery to a buying sta tion, tender vessel, mothership, shore side processor, or SFP. Discard or dis position information must include the daily weight of groundfish, daily weight of herring PSC, and daily num ber of PSC animals. If no discard or disposition occurred for a given day, the operator must write ‘‘no discards or disposition.’’ VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00608 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 599 Fishery Conservation and Management § 679.5 (A) Enter discard or disposition infor mation by species codes and product codes as follows: (1) Date (mm/dd) of discard or dis position (day that discard or disposi tion occurred). (2) For whole fish discard or disposi tion of groundfish or Pacific herring PSC, daily estimated total weight, bal ance forward weight from the previous day, and cumulative total weight since last delivery for each species; indicate whether weight is estimated to the nearest pound or nearest 0.001 mt. (3) For whole fish discard or disposi tion of each prohibited species (Pacific salmon, steelhead trout, Pacific hal ibut, king crabs, and Tanner crabs) record the daily estimated total num ber, balance forward from the previous day, and cumulative total number since the last delivery. (4) Summarize the weekly cumu lative discard and disposition totals of groundfish weights and number of PSC animals separately by reporting area, management program, and gear type. Determine the weekly cumulative total by adding daily totals and the balance carried forward from the day before. (B) The operator must record ‘‘0’’ or zero balance forward and start a new logsheet after the offload or transfer of all fish or fish product onboard and prior to the beginning of each fishing trip. Nothing shall be carried forward from the previous fishing trip. (ix) Discard or disposition information, catcher/processor. The operator of a catcher/processor using longline or pot gear must record all discard or disposi tion information in eLandings (see paragraph (e)(10) of this section). (x) Catcher vessel delivery information. The operator of a catcher vessel must enter the following information (see paragraphs (c)(3)(x)(A) through (D) of this section) for delivery to a buying station, tender vessel, mothership, shoreside processor, or SFP: (A) Date (mm/dd) that delivery of harvest was completed. (B) ADF&G fish ticket issued to oper ator by the recipient, Registered Buyer, or RCR receiving the delivery. (C) Name of recipient, Registered Buyer, or RCR. (D) For the unloading port, enter the name of the port or port code (see Ta bles 14a and 14b to this part) of delivery location. (4) Trawl gear catcher vessel DFL and catcher/processor DCPL—(i) Responsi bility. (A) Except as described in para graph (f)(1)(iii) of this section, the op erator of a catcher vessel 60 ft (18.3 m) or greater LOA, that is required to have an FFP under § 679.4(b), and that is using trawl gear to harvest ground fish must maintain a trawl gear DFL, must complete one or more logsheets per day. Upon notification by the Re gional Administrator, a DFL from the previous year may be used. (B) Except as described in paragraph (f)(1)(iv) or (vii) of this section, the op erator of a catcher/processor that is re quired to have an FFP under § 679.4(b) and that is using trawl gear to harvest groundfish is required to use a com bination of catcher/processor trawl gear DCPL and eLandings to record and report daily processor identifica tion information, catch-by-haul land ing information, groundfish production data, and groundfish and prohibited species discard or disposition data. Under paragraph (f)(1)(vii) of this sec tion, the operators of AFA catcher/ processors or any catcher/processor harvesting pollock CDQ are required to use an ELB and no longer report using a DCPL. (ii) Reporting time limits—(A) Catcher vessel. The operator of a catcher vessel using trawl gear must record in the DFL the information in the following table for each haul within the specified time limit: REPORTING TIME LIMITS, CATCHER VESSEL TRAWL GEAR Required information Time limit for recording (1) Haul number, time and date gear set, time and date gear hauled, beginning and end positions, CDQ number (if applica ble), total estimated hail weight for each haul Within 2 hours after completion of gear retrieval, except that catcher vessels harvesting pollock CDQ in the BS and delivering unsorted codends to a mothership must record CDQ number within 2 hours after completion of weighing all catch in the haul on the mothership VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00609 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 600 50 CFR Ch. VI (10–1–22 Edition) § 679.5 REPORTING TIME LIMITS, CATCHER VESSEL TRAWL GEAR Required information Time limit for recording (2) Discard and disposition information By 2400 hours, A.l.t., each day to record the previous day’s discard and disposition information. (3) Submit blue DFL to mothership, shoreside processor, SFP, buying station, or tender vessel receiving the catch Within 2 hours after completion of catch delivery (4) Record all other required information Within 2 hours after the vessel’s catch is off-loaded, not withstanding other time limits (5) Operator sign the completed logsheets Within 2 hours after completion of catch delivery (6) Submit the goldenrod logsheet to the observer After signature of operator and prior to departure of ob server from the vessel. (B) Catcher/processor. The operator of a catcher/processor using trawl gear must record in the DCPL or submit via eLandings the information in the fol lowing table for each haul within the specified time limit: REPORTING TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR Required information Record In DCPL Submit via eLandings Time limit for recording (1) Management program, except CDQ Program, haul number, time and date gear set, time and date gear hauled, begin and end positions of gear, and, if not required to weigh catch on a scale approved by NMFS, total estimated hail weight for each haul X Within 2 hours after completion of gear retrieval. (2) CDQ number (if applicable) and, if required to weigh catch on a scale approved by NMFS, the scale weight of total catch for each haul X Within 2 hours after completion of weighing all catch in the haul. (3) Discard and disposition information X By 2400 hours, A.l.t., each day to record the previous day’s discard and disposition informa tion. (4) Product information X By 2400 hours, A.l.t., each day to record the previous day’s production information (5) All other required information X By 2400 hours, A.l.t., of the day following com pletion of production to record all other required information. (6) Operator sign the completed logsheets X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting period (7) Submit the goldenrod logsheet to the observer X After signature of operator and prior to depar ture of observer from the vessel. (iii) Required information, if inactive. See paragraph (c)(2) of this section. (iv) Required information, if active—(A) Catcher vessel. (1) A catcher vessel using trawl gear is active when all or part of the trawl net is in the water. (2) If the catcher vessel identified in paragraph (c)(4)(i)(A) of this section is active, the operator must record for one day per logsheet in the DFL, the information described in paragraphs (c)(4)(v), (vi), (viii), and (x) of this sec tion. (B) Catcher/processor. (1) A catcher/ processor using trawl gear is active when processing groundfish or when all or part of the trawl net is in the water. (2) If the catcher/processor identified in paragraph (c)(4)(i)(B) of this section is active, the operator must record for one day per logsheet in the DCPL, the information described in paragraphs (c)(4)(v) and (vi) of this section and submit in eLandings the information described in paragraphs (c)(4)(v), (vii), and (ix) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00610 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 601 Fishery Conservation and Management § 679.5 (v) Identification information. If ac tive, the operator must record the fol lowing information (see paragraphs (c)(4)(v)(A) through (J) of this section): (A) Date. Enter date of each day (mm/ dd/yyyy). This date is also the date of gear deployment. (B) Page number. Number the pages in each logbook consecutively, beginning on the first page of the DFL or DCPL with page 1 for January 1 and con tinuing for the remainder of the fishing year. (C) Printed name and signature of oper ator. The operator’s name must be printed in the DFL or DCPL. The oper ator must sign each completed logsheet of the DFL or DCPL as verification of acceptance of the responsibility re quired in paragraph (a)(2) of this sec tion. The operator’s signature is due by 2400 hours A.l.t. of the day following the week-ending date of the weekly re porting period. (D) Vessel identification. Name of ves sel as displayed in official documenta tion; FFP number of the vessel; ADF&G vessel registration number if a catcher vessel; and ADF&G processor code if a catcher/processor. (E) Federal reporting area. Record the Federal reporting area code where gear retrieval was completed, regardless of where the majority of the set took place. Use a separate logsheet for each reporting area. (F) COBLZ or RKCSA. If gear re trieval occurred in the COBLZ (see Fig ure 13 to this part) or RKCSA (see Fig ure 11 to this part) area within a re porting area, use two separate logsheets, the first to record the infor mation from the reporting area that includes COBLZ or RKCSA, and the second to record the information from the reporting area that does not in clude COBLZ or RKCSA. (G) Crew size. If a catcher vessel, record the number of crew members (including operator), excluding ob server(s), on the last day of a trip. If a catcher/processor, record the number of crew members (including operator), ex cluding observer(s), on the last day of the weekly reporting period. (H) Gear type. Use a separate logsheet for each gear type. Indicate whether pelagic trawl or non-pelagic trawl gear was used to harvest the fish. (I) Management program. Indicate whether harvest occurred under one of the management programs (see para graph (a)(1)(iii) of this section). Use a separate logsheet for each management program. If harvest is not under one of the listed management programs, leave blank. (J) Observer information. Record the number of observers aboard, the name of the observer(s), and the observer cruise number(s). (vi) Catch-by-haul information. The operator must record the following in formation (see paragraphs (c)(4)(vi)(A) through (I) of this section) for each haul (see § 679.2). If no catch occurred for a given day, write ‘‘no catch.’’ (A) Haul number. Number hauls se quentially by year. (B) Gear deployment (or to set gear). Record the following information (see paragraphs (c)(4)(vi)(B)(1) and (2) of this section) for trawl gear deploy ment: (1) The time (in military format, A.l.t.) when the trawl net enters the water, and (2) The position (latitude and lon gitude to the nearest minute; indicate E or W for longitude) where the trawl net enters the water. (C) Gear retrieval (or to haul gear). Record the following information (see paragraphs (c)(4)(vi)(C)(1) and (2) of this section) for trawl gear retrieval: (1) The date (mm/dd) and time (in military format, A.l.t.) when retrieval of trawl gear cable begins. (2) The position (in latitude and lon gitude to the nearest minute; indicate E or W for longitude) where retrieval of trawl gear cable begins. (D) Average sea depth and average gear depth. Average sea depth and average gear depth; indicate whether average is reported to the nearest meter or fath om. (E) Species codes. The operator must record and report required information for all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), forage fish (see Table 2c to this part), grenadiers (see Table 2c to this part), squids (see Table 2c to this part), and sculpins (see Table 2c to this part). The operator may record and report information for non-ground fish (see Table 2d to this part). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00611 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 602 50 CFR Ch. VI (10–1–22 Edition) § 679.5 (F) Target species code. Enter the spe cies code of the species to be harvested. Enter only one target species code. (G) IR/IU species (see § 679.27). If a catcher/processor, enter species code of IR/IU species and estimated total round weight for each IR/IU species, if applicable; indicate whether estimated weight is to the nearest pound or the nearest 0.001 mt. Use one line to record information for each IR/IU species, in cluding species code and amount of catch. If more than one IR/IU species are to be recorded, the operator must use a separate line for each species. (H) Total estimated hail weight. (1) If a catcher vessel or catcher/processor using trawl gear and not using NMFS approved scales, the operator must record the hail weight of each haul; total hail weight is an estimate of the total weight of the entire catch with out regard to species. Indicate whether estimated weight is to the nearest pound or to the nearest 0.001 mt. (2) If a catcher/processor using trawl gear is required to use a NMFS-ap proved scale, the operator must record the scale weight of each haul without regard to species. Indicate whether weight is to the nearest pound or to the nearest 0.001 mt. (I) Movement to Avoid Salmon. If a catcher vessel is directed fishing for pollock in the Bering Sea, indicate with a check mark (X) whether, prior to the haul, the operator moved fishing location primarily to avoid Chinook salmon bycatch. (vii) Product information, catcher/proc essor. The operator of a catcher/proc essor using trawl gear must record all product information for all retained groundfish in eLandings (see paragraph (e)(10) of this section). (viii) Discard or disposition informa tion, catcher vessel. The operator must record in a DFL (see paragraphs (c)(4)(viii)(A) through (E) of this sec tion) the discard or disposition that oc curred prior to and during delivery to a buying station, tender vessel, mothership, shoreside processor, or SFP. If no discards or disposition oc curred on a given day, write ‘‘no dis cards or disposition.’’ (A) Species code and product code. Record the species code and product code for all discards and disposition of groundfish and PSC Pacific herring, Pacific salmon, steelhead trout, Pacific halibut, king crabs, and Tanner crabs. (B) Discard and disposition weight. Record the daily estimated total round weight of groundfish or Pacific herring PSC discards and disposition, balance forward weight from the previous day, and cumulative total weight since last delivery, calculated by adding the daily totals and balance carried for ward from the day before; indicate whether estimated weight is to the nearest pound or nearest 0.001 mt. (C) PSC discard numbers. Record the daily number of PSC discards and dis position, balance forward from the pre vious day, and cumulative total num ber since last delivery of PSC animals (Pacific salmon, steelhead trout, Pa cific halibut, king crabs, and Tanner crabs). (D) Discard and disposition cumulative total. Summarize cumulative discard and disposition totals of groundfish and PSC animals separately by report ing area, if harvest occurred in the COBLZ or RKCSA, management pro gram, and gear type. (E) Discard zero balance forward. After the offload or transfer of all fish or fish product onboard and prior to the begin ning of each fishing trip, the operator must record the balance forward from the previous day as ‘‘zero’’ and start a new logsheet. At the beginning of each fishing trip, nothing shall be carried forward from the previous fishing trip. (ix) Discard or disposition information, catcher/processor. The operator of a catcher/processor using trawl gear must record discard or disposition in formation in eLandings (see paragraph (e)(10) of this section). (x) Catcher vessel delivery information. The operator must enter the following delivery information (see paragraphs (c)(4)(x)(A) through (C) of this section) for groundfish delivered to a buying station, tender vessel, mothership, shoreside processor, or SFP: (A) Date (mm/dd) that delivery of harvest was completed, (B) ADF&G fish ticket number issued to operator by the recipient receiving the delivery, and (C) Name and ADF&G processor code of recipient. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00612 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 603 Fishery Conservation and Management § 679.5 (5) Shoreside processor DCPL. The shoreside processor DCPL has been re placed by eLandings and is no longer available. (See paragraph (e) of this section.) (i) Required information, if inactive. See paragraph (c)(2) of this section. (ii) Required information, if active. A shoreside processor or SFP is active when receiving or processing ground fish. (6) Mothership DCPL—(i) Responsi bility. Except as described in paragraph (f)(1)(v) of this section, the operator of a mothership that is required to have an FFP under § 679.4(b), or the manager of a CQE floating processor that re ceives or processes any groundfish from the GOA or BSAI from vessels issued an FFP under § 679.4(b), is required to use a combination of mothership DCPL and eLandings to record and report daily processor identification informa tion, delivery information, groundfish production data, and groundfish and prohibited species discard or disposi tion data. The operator or manager must enter into the DCPL any infor mation for groundfish received from catcher vessels, groundfish received from processors for reprocessing or re handling, and groundfish received from an associated tender vessel. (ii) Reporting time limits. The operator of a mothership must record in the DCPL or submit via eLandings the in formation in the following table for each groundfish delivery within the specified time limit: REPORTING TIME LIMITS, MOTHERSHIP Required information Record In DCPL Submit via eLandings Time limit for reporting (A) All catcher vessel or tender vessel delivery in formation X Within 2 hours after completion of receipt of each groundfish delivery. (B) Product information X By 2400 hours, A.l.t., each day to record the previous day’s production information (C) Discard or disposition information X By 2400 hours, A.l.t., each day to record the previous day’s discard/disposition (D) All other required information X By 2400 hours, A.l.t., of the day following com pletion of production (E) Operator sign the completed logsheets X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting pe riod. (F) Submit the goldenrod logsheet to the observer X After signed by the operator and prior to depar ture of observer from the mothership. (iii) Required information, if inactive. See paragraph (c)(2) of this section. (iv) Required information, if active. A mothership is active when receiving or processing groundfish. If the mothership identified in paragraph (c)(6)(i) of this section is active, the op erator must record for one day per logsheet in the DCPL, the information described in paragraphs (c)(6)(v) and (vi) of this section and record in eLandings the information described in paragraphs (c)(6)(v), (vii), and (viii) of this section. (v) Identification information. If ac tive, the operator must record the fol lowing information (see paragraphs (c)(6)(v)(A) through (J) of this section) in the DCPL: (A) Page number. Number the pages in each logbook consecutively, beginning with page 1 for January 1 and con tinuing throughout the logbook for the remainder of the fishing year. (B) Printed name and signature of oper ator. The operator’s name must be printed in the DCPL. The operator must sign each completed DCPL logsheet as verification of acceptance of the responsibility required in para graph (a)(2) of this section. (C) Vessel information. Name of mothership, or CQE floating processor as displayed in official documentation, FFP or FPP number, and ADF&G proc essor code. (D) Date. Enter date (mm/dd/yyyy) of each operating day. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00613 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 604 50 CFR Ch. VI (10–1–22 Edition) § 679.5 (E) Crew size. Record the number of crew members (including operator), ex cluding observer(s), on the last day of the weekly reporting period. (F) Gear type. Indicate the gear type of harvester. If gear type is other than those listed, circle ‘‘Other’’ and de scribe. Use a separate logsheet for each gear type. (G) Federal reporting areas. Record Federal reporting area code (see Fig ures 1 and 3 to this part) where harvest was completed. Use a separate logsheet for each reporting area. (H) COBLZ or RKCSA. If groundfish was harvested with trawl gear in the COBLZ or RKCSA, use two separate logsheets to record the information: one logsheet for the reporting area that includes COBLZ or RKCSA, and a second logsheet to record the informa tion from the reporting area that does not include COBLZ or RKCSA. (I) Observer information. Record the number of observers aboard, the name(s) of the observer(s), and the ob server cruise number(s). (J) Management program. Indicate whether harvest occurred under one of the management programs (see para graph (a)(1)(iii) of this section). Use a separate logsheet for each management program. If harvest is not under one of the listed management programs, leave blank. (vi) Delivery information. The operator must record delivery information (see paragraphs (c)(6)(vi)(A) through (H) of this section) when unprocessed ground fish deliveries are received by the mothership from a tender vessel or a catcher vessel. If no deliveries are re ceived for a given day, write ‘‘no deliv eries.’’ (A) Type of delivery. Enter ‘‘CV’’ or ‘‘TV’’ to indicate if delivery was from a catcher vessel or tender vessel, respec tively. (B) Non-submittal of discard report. In dicate whether the blue logsheet was received from the catcher vessel at the time of catch delivery. If the delivery was from a tender vessel, leave this column blank. If the blue logsheet is not received from the catcher vessel, enter ‘‘NO’’ and one of the response codes in the following table to describe the reason for non-submittal. NON-SUBMITTAL OF DISCARD REPORT CODE (1) The catcher vessel does not have an FFP ‘‘P’’ (2) The catcher vessel is under 60 ft (18.3 m) LOA and does not have an FFP ‘‘P’’ (3) The catcher vessel is under 60 ft (18.3 m) LOA and has an FFP ‘‘L’’ (4) The catcher vessel delivered an unsorted codend ‘‘U’’ (5) Another reason; describe circumstances ‘‘O’’ (C) Vessel identification. Name and ADF&G vessel registration number of the catcher vessel or tender vessel (if applicable) delivering the groundfish. (D) Receipt time. Record time (in mili tary format, A.l.t.) when receipt of groundfish delivery was completed. (E) Beginning position of receipt. Record the position coordinates (in latitude and longitude to the nearest minute; indicate E or W for longitude) where receipt of the groundfish deliv ery began. (F) Estimated total groundfish hail weight. Enter the estimated total hail weight of the combined species of each delivery from a catcher vessel or ten der vessel. Total estimated hail weight is an estimate of the total weight of the entire catch without regard to spe cies. Indicate whether the estimated weight is to the nearest pound or to the nearest 0.001 mt. If a catcher vessel re ported discards on a blue DFL but did not deliver groundfish, enter ‘‘0’’ in this column. (G) IR/IU species (see § 679.27). Enter the species code of IR/IU species and the estimated total round weight for each IR/IU species, if applicable; indi cate whether estimated weight is to the nearest pound or the nearest 0.001 mt. Use one line to record information for each IR/IU species, including spe cies code and amount of catch. If more than one IR/IU species are to be re corded, the operator must use a sepa rate line for each species. (H) ADF&G fish ticket numbers. If re ceiving unprocessed groundfish from a catcher vessel, record the ADF&G fish ticket number that the mothership issued to each catcher vessel. If receiv ing unprocessed groundfish from an as sociated tender vessel, record the ADF&G fish ticket numbers issued by VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00614 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 605 Fishery Conservation and Management § 679.5 the tender vessel on behalf of the mothership to the catcher vessel. (vii) Product information. The oper ator of a mothership must record all groundfish product information in eLandings (see paragraph (e)(10) of this section), including products made from unprocessed groundfish deliveries re ceived from a tender vessel or a catch er vessel; groundfish received from an other processor or other source; and groundfish received for custom proc essing (see paragraph (a)(7) of this sec tion) by the mothership for another processor or business entity. (viii) Discard or disposition informa tion. The operator of a mothership must record discard and disposition in formation in eLandings (see paragraph (e)(10) of this section). The discard or disposition information must include: (A) Discards and disposition that oc curred onboard after receipt of ground fish from a catcher vessel or tender vessel; (B) Discards and disposition that oc curred prior to, during, and after proc essing of groundfish; (C) Discards and disposition that were reported on a blue DFL received from a catcher vessel delivering groundfish; (D) Discards and disposition that are recorded on a blue DFL received from a catcher vessel even though no ground fish are delivered; and (d) [Reserved] (e) Interagency Electronic Reporting System (IERS) and eLandings—(1) Re sponsibility—(i) Hardware, software, and Internet connectivity. A User must ob tain at his or her own expense hard ware, software, and Internet connectivity to support Internet sub missions of commercial fishery land ings for which participants report to NMFS: landing data, production data, and discard or disposition data. The User must enter this information via the Internet by logging on to the eLandings system at http:// elandings.alaska.gov or other NMFS-ap proved software or by using the desk top client software. (ii) Reporting of non-IFQ groundfish. If the User is unable to submit commer cial fishery landings of non-IFQ groundfish due to hardware, software, or Internet failure for a period longer than the required reporting time, con tact NMFS Inseason Management at 907–586–7228 for instructions. When the hardware, software, or Internet is re stored, the User must enter this same information into eLandings or other NMFS-approved software. (iii) IFQ manual landing report. If the User is unable to submit commercial fishery landings of IFQ crab, IFQ hal ibut, CDQ halibut, or IFQ sablefish due to hardware, software, or Internet fail ure for a period longer than the re quired reporting time, or a change must be made to information already submitted, the User must complete an IFQ manual landing report. Manual landing instructions must be obtained from OLE, Juneau, AK, at 800–304–4846 (Select Option 1). (A) The User must complete all ques tions on the manual report, even if only one item has changed. The fol lowing additional information is re quired: whether the report is original or revised, name, telephone number, and fax number of individual submit ting the manual landing report. (B) The User must fax the IFQ man ual landing report to 907–586–7313. (C) The User must retain the paper copies of IFQ manual landing reports as indicated at paragraph (a)(5) of this section and make them available upon request of NMFS observers and author ized officers as indicated at paragraph (a)(6) of this section. (2) eLandings processor registration. (i) Before a User can use the eLandings system to report landings, production, discard or disposition data, he or she must request authorization to use the system, reserve a unique UserID, and obtain a password by using the Inter net to complete the eLandings proc essor registration at https:// elandings.alaska.gov/elandings/Register. (ii) Upon registration acceptance, the User must print, sign, and mail the User Agreement Form to NMFS at the address or fax number shown on the form. Confirmation will be e-mailed to indicate that the User is registered, au thorized to use eLandings, and that the UserID and User’s account are enabled. (iii) The User’s signature on the reg istration form means that the User VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00615 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 606 50 CFR Ch. VI (10–1–22 Edition) § 679.5 agrees to the following terms (see para graphs (e)(2)(iii)(A) through (C) of this section): (A) To use eLandings access privi leges only for submitting legitimate fishery landing reports; (B) To safeguard the UserID and pass word to prevent their use by unauthor ized persons; and (C) To ensure that the User is author ized to submit landing reports for the processor permit number(s) listed. (3) Information required for eLandings processor registration form. The User must enter the following information (see paragraphs (e)(3)(i) through (ix) of this section) to obtain operation reg istration and UserID registration: (i) Operation type. Select the oper ation type from the dropdown list. (ii) Operation name. Enter a name that will refer to the specific oper ation. For example, if the plant is in Kodiak and the company is East Pa cific Seafoods, the operation name might read ‘‘East Pacific Seafoods-Ko diak.’’ (iii) ADF&G processor code. Enter ADF&G processor code. (iv) Federal permit number. Enter all the federal permits associated with the operation. (A) Groundfish shoreside processor, SFP, or CQE floating processor. If a groundfish shoreside processor, SFP, or CQE floating processor, enter the FPP number. (B) Groundfish catcher/processor or mothership. If a groundfish catcher/ processor or mothership, enter the FFP number. (C) Registered Buyer. If a Registered Buyer, enter the Registered Buyer per mit number. (D) Registered Crab Receiver. If a Reg istered Crab Receiver, enter the Reg istered Crab Receiver permit number. (v) Port code. Enter the home port code (see Tables 14a, 14b, and 14c to this part) for the operation. (vi) ADF&G vessel registration number. If a mothership, catcher/processor, or tender operation, the operator must enter the ADF&G vessel identification number of the vessel. (vii) Vehicle license number. If a buy ing station operation that is a vehicle, enter vehicle license number and the state of license issuance. (viii) Physical operation. If a buying station, tender vessel, or custom proc essor, enter the following information to identify the associated processor where the processing will take place: operation type, ADF&G processor code, and applicable FFP number, FPP num ber, Registered Buyer permit number, and Registered Crab Receiver permit number. (ix) UserID registration for primary User. Each operation requires a pri mary User. Enter the following infor mation for the primary User for the new operation: create and enter a UserID, initial password, company name, User name (name of the person who will use the UserID), city and state where the operation is located, business telephone number, business fax number, business e-mail address, security question, and security answer. (4) Information entered automatically for eLandings landing report. eLandings autofills the following fields from proc essor registration records (see para graph (e)(2) of this section): UserID, processor company name, business telephone number, e-mail address, port of landing, operation type (for catcher/ processors, motherships, or SFPs), ADF&G processor code, and Federal permit number. The User must review the autofilled cells to ensure that they are accurate for the landing that is taking place. eLandings assigns a unique landing report number and an ADF&G electronic fish ticket number upon completion of data entry. (5) Shoreside processor, SFP, or CQE floating processor landing report. The manager of a shoreside processor, SFP, or CQE floating processor that receives groundfish from a catcher vessel issued an FFP under § 679.4 and that is re quired to have an FPP under § 679.4(f) must use eLandings or other NMFS-ap proved software to submit a daily land ing report during the fishing year to report processor identification infor mation and the following information under paragraphs (e)(5)(i) through (iii) of this section: (i) Information entered for each groundfish delivery to a shoreside proc essor, SFP, or CQE floating processor. The User for a shoreside processor, SFP, or CQE floating processor must enter the following information (see VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00616 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 607 Fishery Conservation and Management § 679.5 paragraphs (e)(5)(i)(A) through (C) of this section) for each groundfish deliv ery (other than IFQ sablefish) provided by the operator of a catcher vessel, the operator or manager of an associated buying station or tender vessel, and from processors for reprocessing or re handling product into eLandings or other NMFS-approved software: (A) Delivery information. (1) Number of observers onboard. (2) For crew size, enter the number of licensed crew aboard the vessel, includ ing the operator. (3) Management program name and identifying number, if any, in which harvest occurred (see paragraph (a)(1)(iii) of this section). (4) ADF&G groundfish statistical area of harvest. (5) For date of landing, enter date (mm/dd/yyyy) that the delivery was completed. (6) Indicate (YES or NO) whether de livery is from a buying station or ten der vessel. (7) If the delivery is received from a buying station, indicate the name of the buying station. If the delivery is received from a tender vessel, enter the ADF&G vessel registration number. (8) If delivery is received from a catcher vessel, indicate the ADF&G vessel registration number of the ves sel. (9) Indicate whether the blue logsheet was received from the catcher vessel at the time of catch delivery. If the blue logsheet is not received from the catcher vessel, enter ‘‘NO’’ and select the applicable code from the following table to explain the reason provided by the catcher vessel for not supplying this copy: NON-SUBMITTAL OF DISCARD REPORT CODE (i) The catcher vessel does not have an FFP ‘‘P’’ (ii) The catcher vessel is under 60 ft (18.3 m) LOA and does not have an FFP ‘‘P’’ (iii) The catcher vessel is under 60 ft (18.3 m) LOA and has an FFP ‘‘L’’ (iv) The catcher vessel delivered an unsorted codend ‘‘U’’ (v) Another reason; describe circumstances ‘‘O’’ (10) Gear type of harvester. (11) ADF&G fish ticket number pro vided to catcher vessel (eLandings as signs an ADF&G fish ticket number to the landing report). (12) If receiving deliveries of ground fish in the marine municipal bound aries of a CQE community listed in Table 21 to this part. (B) Landed scale weight. The User for a shoreside processor or SFP must record landed scale weight (to the near est pound) for all retained species from groundfish deliveries by species code and delivery condition code. Obtain ac tual weights for each groundfish spe cies received and retained by: (1) Sorting according to species codes and direct weighing of that species, or (2) Weighing the entire delivery and then sorting and weighing the ground fish species individually to determine their weights. (C) Discard or disposition information. The User must record: (1) Discard or disposition of fish: that occurred on and was reported by a catcher vessel; that occurred on and was reported by a buying station or tender vessel; and that occurred prior to, during, and/or after production of groundfish at the shoreside processor or SFP. Discards and dispositions also must be recorded when no groundfish are delivered but the blue DFL is sub mitted by a catcher vessel containing records of discards or disposition. (2) If groundfish or PSC herring, enter species code, delivery condition code, disposition code, and weight (to the nearest pound), and (3) If PSC halibut, salmon, or crab, enter species code, delivery condition code, disposition code, and count (in numbers of animals). (ii) Submittal time limit. The User for a shoreside processor or SFP must sub mit a landing report containing the in formation described in paragraph (e)(5)(i) of this section for each ground fish delivery from a specific vessel by 1200 hours, A.l.t., of the day following completion of the delivery. If the land ed scale weight required in paragraph (e)(5)(i)(C) of this section is not avail able by this deadline, the User must transmit an estimated weight for each species by 1200 hours, A.l.t., of the day following completion of the delivery, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00617 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 608 50 CFR Ch. VI (10–1–22 Edition) § 679.5 and must submit a revised landing re port with the landed scale weight for each species by 1200 hours, A.l.t., of the third day following completion of the delivery. (iii) Compliance. By using eLandings, the User for the shoreside processor or SFP and the operator for the catcher vessel or tender vessel or manager of the buying station providing informa tion to the User for the shoreside proc essor or SFP accept the responsibility of and acknowledge compliance with § 679.7(a)(10). (6) Mothership landing report. The op erator of a mothership that is issued an FFP under § 679.4(b) that receives groundfish from a catcher vessel re quired to have an FFP under § 679.4 is required to use eLandings or other NMFS-approved software to submit a daily landing report during the fishing year to report processor identification information and the following informa tion under paragraphs (e)(6)(i) through (iii) of this section: (i) Information entered for each ground fish delivery to a mothership. The User for a mothership must enter the fol lowing information (see paragraphs (e)(6)(i)(A)(1) through (12) of this sec tion) provided by the operator of a catcher vessel, operator or manager of an associated tender vessel, or informa tion received from processors for re processing or rehandling product. (A) Delivery information. (1) Number of observers onboard. (2) Crew size (including operator). (3) Management program name and identifying number, if any, in which harvest occurred (see paragraph (a)(1)(iii) of this section). (4) ADF&G groundfish statistical area of harvest. (5) Date (mm/dd/yyyy) that delivery was completed. (6) If the delivery is received from a tender, enter the ADF&G vessel reg istration number of the tender. (7) If delivery received from a catcher vessel, enter the ADF&G vessel reg istration number of the vessel. (8) Indicate whether the blue logsheet was received from the catcher vessel at the time of catch delivery. If the blue logsheet was not received from the catcher vessel, enter ‘‘NO’’ and select a code from the following table to ex plain the reason provided by the catch er vessel for not supplying this copy. NON-SUBMITTAL OF DISCARD REPORT CODE (i) The catcher vessel does not have an FFP ‘‘P’’ (ii) The catcher vessel is under 60 ft (18.3 m) LOA and does not have an FFP ‘‘P’’ (iii) The catcher vessel is under 60 ft (18.3 m) LOA and has an FFP ‘‘L’’ (iv) The catcher vessel delivered an unsorted codend ‘‘U’’ (v) Another reason; describe circumstances ‘‘O’’ (9) Gear type of harvester. (10) Total estimated round weight by species (pounds). (11) ADF&G fish ticket number pro vided to catcher vessel (eLandings as signs an ADF&G fish ticket number to the landing report). (12) For deliveries from catcher ves sels directed fishing for pollock in the Bering Sea, indicate whether, prior to the haul, the operator of the catcher vessel moved fishing location primarily to avoid Chinook salmon bycatch. (B) Discard or disposition information. (1) The User must record discard or dis position information that occurred on and was reported by a catcher vessel; that occurred on and was reported by a tender vessel; and that occurred prior to, during, and after production of groundfish at the mothership. Discards and dispositions also must be recorded when no groundfish are delivered but the blue DFL is submitted by a catcher vessel containing records of discards or disposition. (2) If groundfish or PSC herring, enter species code, delivery condition code, disposition code, and weight (to the nearest pound), and (3) If PSC halibut, salmon, or crab, enter species code, delivery condition code, disposition code, and count (in numbers of animals). (ii) Submittal time limit. The User for a mothership must submit a landing re port containing the information de scribed at paragraph (e)(6)(i) of this section for each groundfish delivery from a specific vessel by 2400 hours, A.l.t., of the day following the delivery. (iii) Compliance. By using eLandings, the User for the mothership and the catcher vessel operator or tender vessel VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00618 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 609 Fishery Conservation and Management § 679.5 operator providing information to the User for the mothership accept the re sponsibility of and acknowledge com pliance with § 679.7(a)(10). (7) Registered Buyer landing report. A person who is issued a Registered Buyer permit under § 679.4(d)(3) and who receives IFQ halibut or IFQ sable fish from an IFQ permit holder or who receives CDQ halibut from a CDQ per mit holder at any time during the fish ing year is required to use eLandings or other NMFS-approved software to submit landing reports with the fol lowing information from paragraphs (e)(7)(i) and (ii) of this section): (i) Information entered for each IFQ halibut, CDQ halibut, and IFQ sablefish delivery. The User for a Registered Buyer must enter the following infor mation (see paragraphs (e)(7)(i)(A) through (E) of this section) for each IFQ halibut, CDQ halibut, and IFQ sa blefish delivery into eLandings or other NMFS-approved software: (A) User identification. UserID and password of person assigned for that system. (B) Landing date. Date (mm/dd/yyyy) of the landing. (C) Landing location. Location (port code) of the landing (See Tables 14a, 14b, and 14c to this part). (D) Permit numbers. Permit number of the IFQ permit holder, and any IFQ hired master permit holder, or CDQ hired master permit holder harvesting the fish and permit number of Reg istered Buyer receiving the IFQ hal ibut, IFQ sablefish, or CDQ halibut. (E) Delivery information. As reported by the IFQ permit holder, IFQ hired master permit holder, or CDQ hired master permit holder including the in formation in paragraphs (e)(7)(i)(E)(1) through (9) of this section): (1) Harvesting vessel’s ADF&G vessel registration number. (2) Gear code of gear used to harvest IFQ halibut, IFQ sablefish, or CDQ hal ibut. (3) ADF&G fish ticket number(s) for the landing (after the initial eLandings report is submitted, eLandings assigns an ADF&G fish ticket number to the landing report). (4) ADF&G statistical area of har vest. (5) If ADF&G statistical area is bi sected by a line dividing two IFQ regu latory areas, provide the IFQ regu latory area of harvest. (6) Except as provided in paragraph (e)(7)(i)(E)(7) of this section, initial ac curate scale weight(s) (to the nearest pound) made at the time of offloading for IFQ halibut, IFQ sablefish, or CDQ halibut sold and retained (where re tained includes fish intended for per sonal use, fish weighed and reloaded for delivery to another processor, and fish landed but rejected at the dock by the Registered Buyer); species codes; deliv ery condition code; and disposition code for each ADF&G statistical area of harvest. (7) Accurate weight of IFQ sablefish processed product obtained before the offload may be substituted for the ini tial accurate scale weight provided in paragraph (e)(7)(i)(E)(6) of this section, at time of offload, if the vessel oper ator is a Registered Buyer reporting an IFQ sablefish landing. (8) Indicate whether initial accurate scale weight is given with or without ice and slime. Fish which have been washed prior to weighing or which have been offloaded from refrigerated salt water are not eligible for a 2-percent deduction for ice and slime and must be reported as fish weights without ice and slime. The 2-percent deduction is made by NMFS, not the submitter. (9) Indicate whether IFQ halibut is incidental catch concurrent with legal landing of salmon or concurrent with legal landing of lingcod harvested using dinglebar gear. (ii) Signatures for IFQ halibut, CDQ halibut, or IFQ sablefish deliveries. (A) The User for the Registered Buyer must print the completed groundfish landing report (ADF&G electronic groundfish ticket) and the sablefish/ halibut IFQ landing receipt. The User must review the autofilled data entry cells to ensure that they are accurate for the landing that is taking place. (B) The User for the Registered Buyer, plus the IFQ permit holder or the IFQ hired master permit holder or CDQ hired master permit holder, must acknowledge the accuracy of the print ed IFQ halibut, CDQ halibut, or IFQ sa blefish landing receipt, and if nec essary, IFQ manual landing report, by VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00619 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 610 50 CFR Ch. VI (10–1–22 Edition) § 679.5 entering printed name, signature, and date. (iii) Time limits—(A) Landing hours. A landing of IFQ halibut, CDQ halibut, or IFQ sablefish may commence only be tween 0600 hours, A.l.t., and 1800 hours, A.l.t., unless permission to land at a different time is granted in advance by a clearing officer. (B) Landing receipt signatures. The User for the Registered Buyer and the IFQ permit holder, IFQ hired master permit holder, or CDQ hired master permit holder must sign the sablefish/ halibut IFQ landing receipt within six hours after all IFQ halibut, CDQ hal ibut, and IFQ sablefish are offloaded from a harvesting vessel and prior to shipment or transfer of the fish from the landing site. (C) Landing completion. The User for the Registered Buyer must submit an IFQ landing report, containing the in formation described in this paragraph (e)(7), within six hours after all IFQ halibut, CDQ halibut, and IFQ sablefish are offloaded from a specific vessel and prior to shipment or transfer of said fish from the landing site. (iv) IFQ manual landing report. See paragraph (e)(1)(iii) of this section. (8) Registered Crab Receiver (RCR) IFQ crab landing report. (i) A person who is issued an RCR permit under § 680.4(i) of this chapter and who receives IFQ crab from a crab IFQ permit holder or crab IFQ hired master is required to use eLandings to submit a landing report to report every landing of IFQ crab and incidental groundfish. (ii) An RCR using a catcher/processor is required to submit a crab landing re port using eLandings in a format ap proved by NMFS. NMFS will provide format specifications upon request. In terested parties may contact NMFS Alaska Region, Sustainable Fisheries Division, Catch Accounting/Data Qual ity, P.O. Box 21668, Juneau, AK 99802– 1668, telephone 907–586–7228. (iii) Information entered for each IFQ crab delivery. The User for the RCR must submit information described at paragraphs (e)(8)(iii)(A) through (D) of this section into eLandings or other NMFS-approved software for each IFQ crab delivery: (A) Permit numbers. RCR permit num ber, IFQ permit number, and IPQ per mit number, as appropriate. (B) Operation type and port code—(1) If a shoreside processor, the port code is pre-filled automatically (see § 679.5(e)(4)). (2) If a catcher/processor, the at-sea operation type is pre-filled automati cally. (3) If an SFP and crab delivery is re ceived in port, the at-sea operation type is pre-filled automatically (see § 679.5(e)(4)) and the User must enter the port code from Table 14a to this part. (4) If an SFP and crab delivery is re ceived at sea, the at-sea operation type is pre-filled automatically (see § 679.5(e)(4)) and the User must enter the appropriate crab regional designa tion (see § 680.40(b)(2)), shown below: CR CRAB REGIONAL DESIGNATIONS N—North Region. Landed in the Bering Sea subarea north of 56°20′ N. lat. S—South Region. Landed in any area in Alaska, not in the North Region. W—West Region. West of 174° W. long. Only applicable for west ern Aleutian Islands golden king crab (WAG). (C) Delivery information. As reported by IFQ permit holder. (1) ADF&G vessel registration num ber of the delivering vessel. (2) Date (mm/dd/yyyy) fishing began. (3) Date (mm/dd/yyyy) of the IFQ crab landing. (4) ADF&G fish ticket number (auto matically supplied). (5) ADF&G statistical area of harvest (All ADF&G statistical areas are trans lated to the NMFS reporting area and the IPHC reporting area by eLandings.). (6) Species code of catch from Table 2 to part 680. (7) Delivery-condition codes of catch from Table 3a to this part. (8) Number of crab retained and sold condition code, product type, size/ grade, and sold pounds; and optionally, price per pound. (9) Scale weight of deadloss (to the nearest pound) and scale weight of crab retained for personal use (to the near est pound). Deadloss and personal use crab that an IPQ holder did not pur chase are not debited from the IPQ holder’s account. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00620 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 611 Fishery Conservation and Management § 679.5 (D) Crew and observer information—(1) For crew size, enter the number of li censed crew aboard the vessel, includ ing the operator. (2) Number of observers aboard. (iv) Information entered for IFQ crab custom processing landings. In addition to the information required in para graph (e)(8)(iii) of this section, if cus tom processing IFQ crab, the User for the RCR must enter the ADF&G proc essor code of the person for which the IFQ crab was custom processed. (v) Signatures for IFQ crab deliveries. (A) The User for the RCR must print the completed crab landing report (ADF&G electronic crab ticket) and the crab IFQ landing receipt. The User must review the autofilled data entry cells to ensure that they are accurate for the landing that is taking place. (B) The User for the Registered Crab Receiver (RCR), plus the IFQ permit holder or IFQ hired master permit holder, must acknowledge the accuracy of the printed IFQ crab landing receipt, and, if necessary, IFQ manual landing report, by entering printed name, sig nature, and date. (vi) Time limits. (A) Except as indi cated in paragraph (e)(8)(vi)(B) of this section, the User for the RCR is re quired to submit a crab landing report described at this paragraph (e)(8) to NMFS within six hours after all crab is offloaded from the vessel. (B) For IFQ crab harvested on a catcher/processor, the User for the RCR is required to submit an IFQ crab land ing report to NMFS by Tuesday 1200 hours, A.l.t. after the end of each week ly reporting period in which IFQ crab was harvested. (C) The User for the RCR and the IFQ permit holder or IFQ hired master per mit holder must enter printed name and sign the crab IFQ landing receipt within six hours after all crab is offloaded from the harvesting vessel. (vii) Landing document retention. The User must retain each landing report and landing receipt per paragraph (a)(5) of this section. (viii) IFQ manual landing report for crab. See paragraph (e)(1)(iii) of this section. (9) Shoreside processor or SFP informa tion entered for production report. The manager of a shoreside processor or SFP that is required to have an FPP under § 679.4(f) must use eLandings or other NMFS-approved software during the fishing year to submit a production report to report daily processor identi fication information and all groundfish production data. The User must retain a copy of each production report per paragraphs (a)(5) and (6) of this section. (i) Contents. eLandings autofills the following fields when creating a pro duction report for a shoreside processor or SFP: FPP number, company name, ADF&G processor code, User name, email address, and telephone number. The User must review the autofilled cells to ensure that they are accurate for the current report. In addition, the User for the shoreside processor or SFP must enter the following information (see paragraphs (e)(9)(i)(A) through (F) of this section): (A) Date. Reporting date (mm/dd/ yyyy). (B) Observers. Number of observers onsite. (C) Area of harvest. Whether har vested in GOA or BSAI. (D) Product description. Species code, product type, and product code of prod uct. (E) Product weight. Enter actual scale weight of product to the nearest pound. (F) No production/no deliveries (inac tive). If there was no production or de liveries for the day, mark the ‘‘No Pro duction’’ and/or ‘‘No Deliveries’’ boxes. (ii) Submittal time limits—(A) When ac tive pursuant to paragraph (c)(5)(ii) of this section, the User for a shoreside processor or SFP must submit a pro duction report by 1200 hours, A.l.t., each day to record the previous day’s production information. (B) If a shoreside processor or SFP using eLandings is not taking deliv eries over a weekend, the User or man ager may submit the eLandings pro duction report from Saturday and Sun day to NMFS by 1200 hours, A.l.t., on the following Monday. (10) Catcher/processor or mothership in formation entered for production report— (i) Catcher/processor. The operator of a catcher/processor that is issued an FFP under § 679.4 and that harvests ground fish is required to use eLandings or other NMFS-approved software to sub mit a production report to record and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00621 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 612 50 CFR Ch. VI (10–1–22 Edition) § 679.5 report daily processor identification information, groundfish production data, and groundfish and prohibited species discard or disposition data. (ii) Mothership. The operator of a mothership that is issued an FFP under § 679.4, or the operator of a CQE floating processor that receives groundfish is required to use eLandings or other NMFS-approved software to submit a production report to record and report daily processor identifica tion information, groundfish produc tion data, and groundfish and prohib ited species discard or disposition data. (iii) Contents. eLandings autofills the following fields when creating a pro duction report for a catcher/processor or mothership: FFP or FPP number, company name, ADF&G processor code, User name, email address, and telephone number. The User must re view the autofilled cells to ensure that they are accurate for the current re port. In addition, the User for the catcher/processor or mothership must enter the information in paragraphs (e)(10)(iii)(A) through (N) of this sec tion. (A) Date. Reporting date (mm/dd/ yyyy). (B) Designation. From Table 14c to this part, enter whether the processor is a catcher/processor = FCP or a mothership = FLD. (C) Crew size. Including operator. (D) Management program. Enter man agement program and identifying num ber, if any, in which harvest occurred (see paragraph (a)(1)(iii) of this sec tion). (E) Gear type of harvester. Enter the gear type used by the harvester. (F) Federal Reporting Area of harvest. Enter the Federal Reporting Area where harvest was made. (G) COBLZ or RKCSA. Indicate whether fishing occurred in COBLZ or RKCSA (if applicable). (H) Product description. Species code, product type, and product code of prod uct. (I) Product weight. Enter product weight in metric tons to the nearest 0.001 mt. (J) No production (inactive). If there was no production for the day, mark the ‘‘No Production’’ box. (K) Discard description. The operator must record the discard or disposition that occurred prior to, during, and after production of groundfish by spe cies code and disposition code of dis cards and disposition. (L) Discard weight. Daily weight of groundfish and the daily weight of her ring PSC to the nearest 0.001 mt. (M) PSC numbers—(1) Non-AFA catch er/processors and all motherships. Daily number of PSC animals (Pacific salm on, steelhead trout, Pacific halibut, king crabs, and Tanner crabs) by spe cies codes and discard and disposition codes. (2) AFA and CDQ catcher/processors. The operator of an AFA catcher/proc essor or any catcher/processor har vesting pollock CDQ must enter daily the number of non-salmon PSC animals (Pacific halibut, king crabs, and Tan ner crabs) by species codes and discard and disposition codes. Salmon PSC ani mals are entered into the electronic logbook as described in paragraphs (f)(1)(iv) and (v) of this section. (N) ADF&G statistical area. Must be reported beginning January 1, 2009. (iv) Submittal time limits—(A) Except as described in paragraph (e)(10)(iv)(B) of this section, when a mothership is active pursuant to paragraph (c)(6)(iv) of this section, a catcher/processor longline or pot gear is active pursuant to paragraph (c)(3)(iv)(B) of this sec tion, or a catcher/processor trawl gear is active pursuant to paragraph (c)(4)(iv)(B) of this section, the User for a mothership or catcher/processor must submit a production report by 2400 hours, A.l.t., each day to record the previous day’s production information. (B) If a vessel is in the groundfish and halibut fishery full observer cov erage category described at § 679.51(a)(2), the User may submit a production report for Friday, Satur day, and Sunday no later than 2400 hours, A.l.t., on the following Monday. (11) Printing of landing reports, landing receipts, and production reports—(i) The User daily must print a paper copy on site or onboard of: (A) Each landing report. (B) If IFQ halibut, IFQ sablefish, or CDQ halibut, each sablefish/halibut IFQ landing receipt. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00622 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 613 Fishery Conservation and Management § 679.5 (C) If IFQ crab, each crab IFQ landing receipt. (D) Each production report. (ii) In addition to paragraph (e)(11)(i) of this section, the mothership oper ator or User must print an additional copy of each landing report and provide it to the operator of the catcher vessel delivering groundfish to the mothership by 1200 hours, A.l.t., on Tuesday following the end of applicable weekly reporting period. (12) Retention and inspection of landing reports, landing receipts, and production reports—(i) The User daily must retain a printed paper copy onsite or onboard of: (A) Each landing report. (B) If IFQ halibut, IFQ sablefish, or CDQ halibut, each sablefish/halibut IFQ landing receipt. (C) If IFQ crab, each crab IFQ landing receipt. (D) Each production report. (ii) The User must make available the printed copies upon request of NMFS observers and authorized offi cers as indicated at paragraph (a)(5) of this section. (13) Catcher/processor landing report. (i) The operator of a catcher/processor placed in the partial observer coverage category under § 679.51(a)(3) must use eLandings or other NMFS-approved software to submit a catcher/processor landing report to NMFS for each fish ing trip conducted while that catcher/ processor is in the partial observer cov erage category. (ii) The vessel operator must log into eLandings or other NMFS-approved software and provide the information required on the computer screen. Addi tional instructions for submitting a catcher/processor landing report is on the Alaska Region Web site at http:// alaskafisheries.noaa.gov. (iii) For purposes of this landing re port requirement, the end of a fishing trip is defined in § 679.2, paragraph (3)(iii) of the definition of a fishing trip. (iv) The vessel operator must submit the catcher/processor landing report to NMFS by 2400 hours, A.l.t., on the day after the end of the fishing trip. (14) Tender vessel landing report (‘‘tLandings’’)—(i) tLandings. tLandings is an applications software for pre paring electronic landing reports for commercial fishery landings to tender vessels. (ii) Tender vessel operator responsi bility. The operator of a tender vessel taking delivery of groundfish that is required to be reported to NMFS on a landing report under paragraph (e)(5) of this section must use tLandings to enter information about each landing of groundfish and must provide that in formation to the User defined under § 679.2. (iii) User responsibility. The User must configure and provide the tender vessel operator with the most recent version of the tLandings tender workstation application prior to the tender vessel taking delivery of groundfish. (iv) Information entered for each groundfish delivery. The tender vessel operator must log into the configured tLandings tender workstation applica tion and provide the information re quired on the computer screen. Addi tional instructions for tLandings is on the Alaska Region Web site at http:// alaskafisheries.noaa.gov. (v) Submittal time limit. (A) The tender vessel operator must provide the land ing information in tLandings to the User at the commencement of the transfer or offload of groundfish from the tender vessel to the processor. (B) The User must upload the data recorded in tLandings by the tender vessel to prepare the initial landing re port for a catcher vessel delivering to a tender vessel that is required under paragraph (e)(5) of this section within the submittal time limit specified under paragraph (e)(5). (vi) Compliance. By using tLandings, the User and the tender vessel operator providing information to the User ac cept the responsibility of and acknowl edge compliance with § 679.7(a)(10). (f) Electronic logbooks (ELBs). The op erator may use a combination of a NMFS-approved ELB (instead of a DFL or DCPL) and eLandings to record and report groundfish information. To sat isfy ELB use requirements, the oper ator after data entry must routinely create the following three products: an ELB logsheet, an ELB discard report, and an ELB data export. (1) Responsibility. The operator of a vessel voluntarily using an ELB must VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00623 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 614 50 CFR Ch. VI (10–1–22 Edition) § 679.5 notify the Regional Administrator by fax at 907–586–7465 to notify NMFS that the operator is using a NMFS-approved ELB instead of a DFL or DCPL, prior to participating in any Federal fishery. (i) Catcher vessel longline and pot gear ELB. The operator of a catcher vessel using longline and pot gear may use a NMFS-approved catcher vessel longline or pot gear ELB in lieu of using the NMFS-prescribed catcher vessel longline or pot gear DFL required at paragraph (c)(3) of this section. (ii) Catcher/processor longline and pot gear ELB. Except for catcher/processors subject to § 679.100(b), the operator of a catcher/processor using longline or pot gear may use a combination of a NMFS-approved catcher/processor longline and pot gear ELB and eLandings to record and report ground fish information. The operator may use a NMFS-approved catcher/processor longline and pot gear ELB to record daily processor identification informa tion and catch-by-set information. In eLandings, the operator must record daily processor identification, ground fish production data, and groundfish and prohibited species discard or dis position data. (iii) Catcher vessel trawl gear ELB. The operator of a catcher vessel using trawl gear may use a NMFS-approved catch er vessel trawl gear ELB in lieu of using the NMFS-prescribed catcher vessel trawl gear DFL required at para graph (c)(4) of this section. (iv) Catcher/processor trawl gear ELB. Except as described in paragraph (f)(1)(vii) of this section, the operator of a catcher/processor using trawl gear may use a combination of a NMFS-ap proved catcher/processor trawl gear ELB and eLandings to record and re port groundfish information. In the ELB, the operator may enter processor identification information and catch by-haul information. In eLandings, the operator must enter processor identi fication, groundfish production data, and groundfish and prohibited species discard or disposition data. (v) Mothership ELB. The operator of a mothership may use a combination of a NMFS-approved mothership ELB and eLandings to record and report ground fish information. The operator may use a NMFS-approved mothership ELB to record daily processor identification information and catcher vessel and tender vessel groundfish delivery infor mation. In eLandings, the operator must record daily processor identifica tion, groundfish production data, and groundfish and prohibited species dis card or disposition data. (vi) If using a NMFS-approved ELB, the operator is not required to quar terly submit logsheets to OLE. (vii) AFA and CDQ trawl catcher/proc essors. The operator of an AFA catcher/ processor or any catcher/processor har vesting pollock CDQ must use a com bination of NMFS-approved catcher/ processor trawl gear ELB and eLandings to record and report ground fish and PSC information. In the ELB, the operator must enter processor iden tification information; catch-by-haul information; prohibited species discard or disposition data for all salmon spe cies in each haul; and indicate whether, prior to the haul, the operator moved fishing location primarily to avoid Chi nook salmon bycatch. In eLandings, the operator must enter processor iden tification, groundfish production data, and groundfish and prohibited species discard or disposition data for all pro hibited species except salmon. (viii) Longline catcher/processor sub sector. The operator of a catcher/proc essor subject to § 679.100(b) must use a NMFS-approved catcher/processor longline and pot gear ELB to record processor identification information, catch-by-set information, and, if re quired to weigh Pacific cod on a NMFS approved scale, the total Pacific cod weight from the scale for each set. This requirement applies for the entire year that the vessel is subject to § 679.100(b) and operating as a catcher/processor using either longline or pot gear. (ix) Catcher/processors and motherships required to weigh catch on NMFS-ap proved scales. Catcher/processors and motherships required to weigh catch on a NMFS-approved scale must use a NMFS-approved ELB. The vessel oper ator must ensure that each scale is tested as specified in § 679.28(b)(3) and that the following information from all scale tests, including failed tests, is re ported within 24 hours of the testing using the ELB: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00624 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 615 Fishery Conservation and Management § 679.5 (A) The weight of test material from the observer platform scale; (B) The total weight of the test mate rial as recorded by the scale being test ed; (C) Percent error as determined by subtracting the known weight of the test material from the weight recorded on the scale being tested, dividing that amount by the known weight of the test material, and multiplying by 100; and (D) The time, to the nearest minute A.l.t. when testing began. (2) Requirements for using an ELB—(i) Use a NMFS-approved ELB. The oper ator must use only a NMFS-approved ELB. The Regional Administrator maintains a list of approved ELBs on the Alaska Region NMFS website at http://alaskafisheries.noaa.gov (see also § 679.28(h) for approval of vendor soft ware). (ii) Reporting groundfish by ELB. If the User is unable to submit commer cial fishery information due to hard ware, software, or Internet failure for a period longer than the required report ing time, contact NMFS Inseason Man agement at (907) 586–7228 for instruc tions. When the hardware, software, or Internet is restored, the User must enter this same information into the electronic logbook (ELB) or other NMFS-approved software. (iii) Enter all required information into the ELB—(A) Inactive. The operator must enter all required information, if inactive (see paragraph (c)(2) of this section). (B) Active. The operator must enter all required information, if active (see paragraph (c)(3), (c)(4), or (c)(6) of this section, as appropriate). (1) Recording time limits. The time lim its for recording applicable informa tion in the ELBs are the same as the recording time limits for DFLs and DCPLs in paragraphs (c)(3), (c)(4), and (c)(6) of this section. (2) Daily complete ELB data entry and printing of copies as indicated in paragraph (f)(3)(i) of this section. (iv) Regularly backup ELB data. The operator must regularly backup ELB data to ensure that data are not lost in the event of hardware or software prob lems. (v) Correct errors in ELB data. If after an ELB discard report and ELB logsheet are printed, an error is found in the data, the operator must make any necessary changes to the data, print a new copy of the ELB discard re port and ELB logsheet, and export the revised file to NMFS. The operator must retain both the original and re vised ELB reports. (3) Printed copies. Upon completion of ELB data entry each day, the operator must print the following information (see paragraphs (f)(3)(i) and (ii) of this section) in the NMFS-specified format: (i) ELB logsheet. (A) Print a copy of an ELB logsheet when a vessel is ac tive, by 2400 hours, A.l.t. each day to record the previous day’s ELB informa tion. (B) Print one ELB logsheet to de scribe a continuous period of inac tivity, when a vessel is inactive. (C) Print a copy of the ELB logsheet for the observer’s use, if an observer is onboard the vessel, by 2400 hours, A.l.t., each day to record the previous day’s ELB information. (ii) ELB discard report. (A) Print a copy of an ELB discard report upon completion of each fishing trip or each offload of fish. (B) If an observer is present, print a copy of the ELB discard report for the observer’s use upon completion of each fishing trip or each offload of fish. (4) Signatures—(i) ELB logsheet. The operator daily must sign and date each printed ELB logsheet by 2400 hours, A.l.t. each day to record the previous day’s ELB information. The signature of the operator is verification of ac ceptance of the responsibility required in paragraph (a)(2) of this section. (ii) ELB discard report. The operator daily must sign and date each printed ELB discard report upon completion of each fishing trip or each offload of fish. The signature of the operator is verification of acceptance of the re sponsibility required in paragraph (a)(2) of this section. (5) Submittal time limits. (i) The oper ator of a catcher vessel using an ELB must upon delivery of catch submit the ELB discard report to the mothership, shoreside processor, or SFP. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00625 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 616 50 CFR Ch. VI (10–1–22 Edition) § 679.5 (ii) The operator or manager of a buying station or tender vessel that re ceives groundfish catch from a catcher vessel using an ELB must upon deliv ery of catch submit the ELB discard re port to the mothership, shoreside proc essor, or SFP, and submit the ELB data export directly to the Regional Administrator or through the mothership, shoreside processor, or SFP. (6) Retention. The operator must keep a signed copy of each ELB logsheet and each ELB discard report, filed in se quence for immediate access by au thorized personnel as described at para graph (a)(5) of this section. (7) ELB data submission—(i) Catcher/ processors. The operator of a catcher/ processor must transmit ELB data di rectly to NMFS online through eLandings or other NMFS-approved data transmission mechanism, by 2400 hours, A.l.t., each day to record the previous day’s hauls. (ii) Catcher vessels. The operator of a catcher vessel must transmit ELB data directly to NMFS as an email attach ment or to NMFS through a shoreside processor, SFP, or mothership who re ceived his/her groundfish catch. Through a prior agreement with the catcher vessel, the operator of a mothership or the manager of a shore side processor or SFP will forward the ELB data transfer to NMFS as an email attachment within 24 hours of completing receipt of the catcher ves sel’s catch. (8) Return receipt. (i) Upon receiving an ELB data export, NMFS will gen erate a dated return-receipt to confirm receipt of the ELB data. If errors exist in the data transmitted to NMFS, the receipt will identify the errors. If er rors are identified, the operator must correct the errors and send a revised transmission to NMFS which will then confirm acceptance of the ELB data. (ii) The operator must retain the NMFS return receipt as described in paragraph (a)(5) of this section. (iii) If a return receipt from NMFS is not received within 24 hours, the oper ator of the catcher vessel, the operator of a catcher/processor, the operator of the mothership, or the manager of the shoreside processor or SFP forwarding the ELB data export for the operator of the catcher vessel, must contact NMFS by telephone at 907–586–7228 or fax at 907–586–7131 for instructions. (g) Product transfer report (PTR)—(1) General requirements. Except as pro vided in paragraphs (g)(2)(i) through (v) of this section, the operator or man ager must record on a PTR those spe cies that are listed in Tables 2a and 2c to this part when those species are transferred out of the facility or off the vessel and may also record species list ed in Table 2d to this part. For a com parison of forms used for shipping, transporting, or transferring fish or fish product, see Table 13 to this part. (i) Groundfish and donated prohibited species. The operator of a mothership or catcher/processor or the manager of a shoreside processor or SFP must com plete and submit a separate PTR for each shipment of groundfish and do nated prohibited species caught in groundfish fisheries. A PTR is not re quired to accompany a shipment. (ii) IFQ halibut, IFQ sablefish, and CDQ halibut. A Registered Buyer must submit a separate PTR for each ship ment of halibut or sablefish for which the Registered Buyer submitted an IFQ landing report or was required to sub mit an IFQ landing report. A PTR is not required to accompany a shipment. (iii) CR crab. A Registered Crab Re ceiver (RCR) must submit a separate PTR for each shipment of crab for which the RCR submitted a CR crab landing report or was required to sub mit a CR crab landing report. A PTR is not required to accompany a shipment. (2) Exceptions—(i) Bait sales (non-IFQ groundfish only). During one calendar day, the operator or manager may ag gregate and record on one PTR the in dividual sales or shipments of non-IFQ groundfish to vessels for bait purposes during the day recording the amount of such bait product shipped from a vessel or facility that day. (ii) Retail sales—(A) IFQ halibut, IFQ sablefish, CDQ halibut, and non-IFQ groundfish. During one calendar day, the operator, manager, or Registered Buyer may aggregate and record on one PTR the amount of transferred re tail product of IFQ halibut, IFQ sable fish, CDQ halibut, and non-IFQ ground fish if each sale weighs less than 10 lb or 4.5 kg. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00626 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 617 Fishery Conservation and Management § 679.5 (B) CR crab. During one calendar day, the RCR may aggregate and record on one PTR the amount of transferred re tail product of CR crab if each sale weighs less than 100 lb or 45 kg. (iii) Wholesale sales (non-IFQ ground fish only). The operator or manager may aggregate and record on one PTR, wholesale sales of non-IFQ groundfish by species when recording the amount of such wholesale species leaving a ves sel or facility in one calendar day, if invoices detailing destinations for all of the product are available for inspec tion by an authorized officer. (iv) Dockside sales. (A) A person holding a valid IFQ per mit, or IFQ hired master permit, and a Registered Buyer permit may conduct a dockside sale of IFQ halibut or IFQ sablefish with a person who has not been issued a Registered Buyer permit after all IFQ halibut and IFQ sablefish have been landed and reported in ac cordance with paragraph (l) of this sec tion. (B) A person holding a valid halibut CDQ hired master permit and Reg istered Buyer permit may conduct a dockside sale of CDQ halibut with a person who has not been issued a Reg istered Buyer permit after all CDQ hal ibut have been landed and reported in accordance with paragraph (l) of this section. (C) A Registered Buyer conducting dockside sales must issue a receipt to each individual receiving IFQ halibut, CDQ halibut, or IFQ sablefish in lieu of a PTR. This receipt must include: (1) Date of sale; (2) Registered Buyer permit number; (3) Weight by product of the IFQ hal ibut, CDQ halibut or IFQ sablefish transferred. (D) A Registered Buyer must main tain a copy of each dockside sales re ceipt as described in paragraph (l) of this section. (v) Transfer directly from the landing site to a processing facility (CDQ halibut, IFQ halibut, IFQ sablefish, or CR crab only). A PTR is not required for trans portation of unprocessed IFQ halibut, IFQ sablefish, CDQ halibut, or CR crab directly from the landing site to a fa cility for processing, provided the fol lowing conditions are met: (A) A copy of the IFQ landing report receipt (Internet receipt) documenting the IFQ landing accompanies the offloaded IFQ halibut, IFQ sablefish, or CDQ halibut while in transit. (B) A copy of the CR crab landing re port receipt (Internet receipt) docu menting the IFQ landing accompanies the offloaded CR crab while in transit. (C) A copy of the IFQ landing report or CR crab landing report receipt is available for inspection by an author ized officer. (D) The Registered Buyer submitting the IFQ landing report or RCR submit ting the CR crab landing report com pletes a PTR for each shipment from the processing facility pursuant to paragraph (g)(1) of this section. (3) Time limits and submittal. The oper ator of a mothership or catcher/proc essor, the manager of a shoreside proc essor or SFP, the Registered Buyer, or RCR must: (i) Record all product transfer infor mation on a PTR within 2 hours of the completion of the shipment. (ii) Submit a PTR by facsimile or electronic file to OLE, Juneau, AK (907–586–7313), by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period in which the shipment occurred. (iii) If any information on the origi nal PTR changes prior to the first des tination of the shipment, submit a re vised PTR by facsimile or electronic file to OLE, Juneau, AK (907–586–7313), by 1200 hours, A.l.t., on the Tuesday following the end of the applicable weekly reporting period in which the change occurred. (4) Required information. The operator of a mothership or catcher/processor, the manager of a shoreside processor or SFP, the Registered Buyer, or RCR must include the following information on a PTR: (i) Original or revised PTR. Whether a submittal is an original or revised PTR. (ii) Shipper information. Name, tele phone number, and facsimile number of the representative. According to the following table: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00627 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 618 50 CFR Ch. VI (10–1–22 Edition) § 679.5 If you are shipping . . . Enter under ‘‘Shipper’’ . . . (A) Non-IFQ groundfish ............................................................... Your processor’s name, Federal fisheries or Federal processor permit number. (B) IFQ halibut, CDQ halibut or IFQ sablefish ............................ Your Registered Buyer name and permit number. (C) CR crab ................................................................................. Your RCR name and permit number. (D) Non-IFQ groundfish, IFQ halibut, CDQ halibut or IFQ sa blefish, and CR crab on the same PTR. (1) Your processor’s name and Federal fisheries permit num ber or Federal processor permit number, (2) Your Registered Buyer’s name and permit number, and (3) Your RCR name and permit number. (iii) Transfer information. Using descriptions from the following table, enter re ceiver information, date and time of product transfer, location of product trans fer (e.g., port, position coordinates, or city), mode of transportation, and intended route: If you are the shipper and . . . Then enter . . . Receiver Date & time of product transfer Location of product transfer Mode of transportation and intended route (A) Receiver is on land and transfer involves one van, truck, or ve hicle. Receiver name and Federal fisheries, Federal processor, or Federal crab vessel permit number (if any). Date and time when shipment leaves the plant. Port or city of product transfer. Name of the shipping company; destination city and state or for eign country. (B) Receiver is on land and transfer involves multiple vans, trucks or vehicles. Receiver name and Federal fisheries, Federal processor, or Federal crab vessel permit number (if any). Date and time when loading of vans or trucks, is completed each day. Port or city of product transfer. Name of the shipping company; destination city and state or for eign country. (C) Receiver is on land and transfer involves one airline flight. Receiver name and Federal fisheries, Federal processor, or Federal crab vessel permit number (if any). Date and time when shipment leaves the plant. Port or city of product transfer. Name of the airline company; destination airport city and state. (D) Receiver is on land and transfer involves multiple airline flights. Receiver name and Federal fisheries, Federal processor, or Federal crab vessel permit number (if any). Date and time of ship ment when the last airline flight of the day leaves. Port or city of product transfer. Name of the airline company(s); destina tion airport(s) city and state. (E) Receiver is a vessel and transfer occurs at sea. Vessel name and call sign. Start and finish dates and times of transfer. Transfer position co ordinates in latitude and longitude, in de grees and minutes. The first destination of the vessel. (F) Receiver is a vessel and transfer takes place in port. Vessel name and call sign. Start and finish dates and times of transfer. Port or position of prod uct transfer. The first destination of the vessel. (G) Receiver is an agent (buyer, dis tributor, shipping agent) and transfer is in a containerized van(s). Agent name and loca tion (city, state). Transfer start and finish dates and times. Port, city, or position of product transfer. Name (if available) of the vessel trans porting the van; des tination port. (H) You are aggregating individual retail sales for human consump tion. (see paragraph (g)(2) of this section). ‘‘RETAIL SALES’’ ........ Date of transfer. ........... Port or city of product transfer. N/A. (I) You are aggregating individual bait sales during a day onto one PTR (non-IFQ groundfish only). ‘‘BAIT SALES’’ ............. Date of transfer. ........... Port or city of product transfer. N/A. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00628 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 619 Fishery Conservation and Management § 679.5 If you are the shipper and . . . Then enter . . . Receiver Date & time of product transfer Location of product transfer Mode of transportation and intended route (J) Non-IFQ Groundfish only. You are aggre gating wholesale non IFQ groundfish prod uct sales by species during a single day onto one PTR and maintaining invoices detailing destinations for all of the product for inspection by an authorized officer. ‘‘WHOLESALE SALES’’ Time of the first sale of the day; time of the last sale of the day. Port or city of product transfer. N/A. (iv) Products shipped. The operator, manager, Registered Buyer, or RCR must record the following information for each product shipped: (A) Species code and product code. (1) For non-IFQ groundfish, IFQ halibut, IFQ sablefish, and CDQ halibut, the species code and product code (Tables 1 and 2 to this part). (2) For CR crab, the species code and product code (Tables 1 and 2 to 50 CFR part 680). (B) Species weight. Use only if record ing 2 or more species with 2 or more product types contained within the same production unit. Enter the actual scale weight of each product of each species to the nearest kilogram or pound (indicate which). If not applica ble, enter ‘‘n/a’’ in the species weight column. If using more than one line to record species in one carton, use a brace ‘‘}’’ to tie the carton information together. (C) Number of units. Total number of production units (blocks, trays, pans, individual fish, boxes, or cartons; if iced, enter number of totes or con tainers). (D) Unit weight. Unit weight (average weight of single production unit as list ed in ‘‘No. of Units’’ less packing mate rials) for each species and product code in kilograms or pounds (indicate which). (E) Total weight. Total weight for each species and product code of ship ment less packing materials in kilo grams or pounds (indicate which). (F) Total or partial offload. (1) If a mothership or catcher/processor, the operator must indicate whether fish or fish products are left onboard the ves sel (partial offload) after the shipment is complete. (2) If a partial offload, for the prod ucts remaining on board after the transfer, the operator must enter: Spe cies code, product code, and total prod uct weight to the nearest kilogram or pound (indicate which) for each prod uct. (h) Check-in/Check-out report—(1) Re quirement. Except as described in para graph (h)(2) of this section, the oper ator of a catcher/processor or mothership and manager of a shoreside processor or SFP must submit to NMFS a check-in report (BEGIN mes sage) prior to becoming active and a check-out report (CEASE message) for every check-in report submitted. The check-in report and check-out report must be submitted by fax to 907–586– 7131. (2) Exceptions—(i) VMS onboard. The operator of a catcher/processor or mothership is not required to submit to NMFS a check-in report or check out report if the vessel is carrying on board a transmitting VMS that meets the requirements of § 679.28(f). (ii) Two adjacent reporting areas. If on the same day a catcher/processor in tends to fish in two adjacent reporting areas (an action which would require submittal of check-out reports and check-in reports multiple times a day when crossing back and forth across a reporting area boundary), and the two reporting areas have on that day and time an identical fishing status for every species, the operator must: (A) Submit to NMFS a check-in re port to the first area prior to entering the first reporting area, and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00629 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 620 50 CFR Ch. VI (10–1–22 Edition) § 679.5 (B) Submit to NMFS a check-in re port to the second area prior to enter ing the second reporting area. (C) Remain within 10 nautical miles (18.5 km) of the boundary described in paragraph (h)(2)(ii) of this section. (D) If the catcher/processor proceeds in the second reporting area beyond 10 nautical miles (18.5 km) of the bound ary between the two areas, the oper ator must submit a check-out report from the first reporting area. The oper ator must submit a check-out report from the second area upon exiting that reporting area. (3) Transit through reporting areas. The operator of a catcher/processor or mothership is not required to submit a check-in or check-out report if the ves sel is transiting through a reporting area and is not fishing or receiving fish. (4) Time limits and submittal. Except as indicated in paragraph (h)(2) of this section, the operator or manager must submit a check-in report and a check out report according to the following table: For ... If you are a ... Submit a BEGIN message Submit a CEASE message (i) Each reporting area, ex cept area 300, 400, 550, or 690 (A) C/P using trawl gear Before gear deployment. Within 24 hours after depart ing a reporting area but prior to checking in to another re porting area. (B) C/P using longline or pot gear Before gear deployment. May be checked in to more than one area simultaneously. Upon completion of gear re trieval and within 24 hours after departing each reporting area. (C) MS Before receiving groundfish, must check-in to reporting area(s) where groundfish were harvested. May be checked in to more than one area simultaneously. Within 24 hours after receipt of fish is complete from that reporting area. If receipt of groundfish from a reporting area is expected to stop for at least one month during the fishing year and then start up again, may sub mit check-out report for that reporting area. (ii) COBLZ or RKCSA (A) C/P using trawl gear Prior to fishing. Submit one check-in for the COBLZ or RKCSA and another check-in for the area outside the COBLZ or RKCSA. Upon completion of gear re trieval for groundfish, submit a separate check-out for the COBLZ or RKCSA and an other check-out for the area outside the COBLZ or RKCSA. (B) MS Before receiving groundfish harvested with trawl gear that were harvested in the COBLZ or RKCSA, submit one check in for the COBLZ or RKCSA and another check-in for the area outside the COBLZ or RKCSA. Upon completion of groundfish receipt, submit a separate check-out for the COBLZ or RKCSA and another check out for the area outside the COBLZ or RKCSA. (iii) Gear Type (A) C/P If in the same reporting area but using more than one gear type, prior to fishing submit a separate check-in for each gear type. Upon completion of gear re trieval for groundfish, submit a separate check-out for each gear type for which a check-in was submitted. (B) MS If harvested in the same re porting area but using more than one gear type, prior to receiving groundfish submit a separate check-in for each gear type. Upon completion of receipt of groundfish, submit a separate check-out for each gear type for which a check-in was sub mitted. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00630 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 621 Fishery Conservation and Management ยง 679.5 For ... If you are a ... Submit a BEGIN message Submit a CEASE message (iv) CDQ (A) MS Prior to receiving groundfish CDQ, if receiving groundfish under more than one CDQ number, use a separate check-in for each CDQ num ber. Within 24 hours after receipt of groundfish CDQ has ceased for each CDQ num ber. (B) C/P Prior to fishing, submit a sep arate check-in for each CDQ number. Within 24 hours after ground fish CDQ fishing for each CDQ number has ceased. (v) Exempted or Research Fishery (A) C/P Prior to fishing, submit a sep arate check-in for each type. Upon completion of receipt of groundfish submit a separate check-out for each type for which a check-in was sub mitted. (B) MS Prior to receiving groundfish, submit a separate check-in for each type. Upon completion of receipt of groundfish submit a separate check-out for each type for which a check-in was sub mitted. (vi) Aleutian Islands Pollock (AIP) (A) C/P Prior to AIP fishing. Within 24 hours after comple tion of gear retrieval for AIP. (B) MS Before receiving AIP. Within 24 hours after receipt of AIP has ceased. (vii) Processor Type C/P, MS If a catcher/processor and functioning simultaneously as a mothership in the same re porting area, before func tioning as either processor type. Upon completion of simulta neous activity as both catcher/ processor and mothership, a separate check-out, one for catcher/processor and one for mothership. (viii) Change of fishing year (A) C/P, MS If continually active through the end of one fishing year and at the beginning of a sec ond fishing year, submit a check-in for each reporting area to start the year on Janu ary 1. If a check-out report was not previously submitted during a fishing year for a reporting area, submit a check-out re port for each reporting area on December 31. (B) SS, SFP If continually active through the end of one fishing year and at the beginning of a sec ond fishing year, submit a check-in to start the year on January 1. If a check-out report was not previously submitted during a fishing year, submit a check out report on December 31. (ix) Interruption of produc tion SS, SFP, MS n/a If receipt of groundfish is ex pected to stop for at least one month during the fishing year and then start up again, the manager or operator may choose to submit a check-out report. (x) Change of location AFA SFP Before receiving groundfish. Upon completion of receipt of groundfish from a position and before movement from that position. (5) Required information. The operator of a catcher/processor or mothership and the manager of a shoreside proc essor or SFP must record the informa tion in the following table on a check in report and a check-out report, as ap propriate. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00631 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 622 50 CFR Ch. VI (10–1–22 Edition) § 679.5 Required information Check-in Report Check-out Report MS C/P SS, SFP MS C/P SS, SFP (i) Whether an original or revised report X X X X X X (ii) Vessel name, ADF&G processor code, FFP number X X X X (iii) Processor name, ADF&G processor code, FPP number X X (iv) Representative name, business telephone number, business fax number X X X X X X (v) COMSAT number (if applicable) X X X X (vi) Management program name (see paragraph (a)(1)(iii) of this section) and identifying number (if any). If harvest is not under one of these management programs, leave blank. X X X X (vii) Processor type, gear type X X X X (viii) Date (mm/dd/yyyy) and time (A.l.t., military format) (A) When receipt of groundfish will begin X X (B) When gear deployment will begin X (C) When the last receipt or processing of ground fish was completed X X (D) When the vessel departed the reporting area X (ix) Position coordinates (A) Where groundfish receipt begins X (B) Where receiving groundfish (if SFP): X (C) Where gear is deployed X (D) Where the last receipt of groundfish was com pleted X (E) Where the vessel departed the reporting area X (x) Reporting area code (A) Where gear deployment begins X (B) Where groundfish harvest occurred X (C) Where the last receipt of groundfish was com pleted X (D) Where the vessel departed the reporting area X (xi) Primary and secondary target species (A change in intended target species within the same reporting area does not re quire a new BEGIN message.) (A) Expected to be received the following week X (B) Expected to be harvested the following week X (xii) Indicate (YES or NO) whether this is a check in report X (xiii) If YES, indicate (A) If checking-in for the first time this fishing year X (B) If checking-in to restart receipt and processing of groundfish after filing a check-out report X VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00632 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 623 Fishery Conservation and Management § 679.5 Required information Check-in Report Check-out Report MS C/P SS, SFP MS C/P SS, SFP (xiv) Indicate (YES or NO) whether this is a check out report X (xv) If YES, enter date facility ceased to receive or process groundfish. X (xvi) Indicate product weight of all fish or fish prod ucts (including non groundfish) remaining at the facility (other than public cold storage) by spe cies code and product code. Indicate if recorded to the nearest pound or to the nearest 0.001 mt. X X (i) Weekly production report (WPR). The WPR is removed from use. Instead of a WPR, the operator of a mothership or catcher/processor and the manager of a shoreside processor or SFP must submit all landings information, pro duction information, and discard and disposition information using eLandings or other NMFS-approved software (see paragraph (e) of this sec tion). (j) [Reserved] (k) U.S. Vessel Activity Report (VAR). For a comparison of forms used for shipping, transporting, or transferring fish or fish product, see Table 13 to this part. (1) Fish or fish product onboard. Ex cept as noted in paragraph (k)(4) of this section, the operator of a catcher ves sel greater than 60 ft (18.3 m) LOA, a catcher/processor, or a mothership re quired to hold a Federal fisheries per mit issued under this part and carrying fish or fish product onboard must com plete and submit a VAR by facsimile or electronic file to OLE, Juneau, AK (907–586–7313) before the vessel crosses the seaward boundary of the EEZ off Alaska or crosses the U.S.-Canadian international boundary between Alas ka and British Columbia. (2) Combination of non-IFQ groundfish with IFQ halibut, CDQ halibut, IFQ sa blefish or CR crab. If a vessel is carrying non-IFQ groundfish and IFQ halibut, CDQ halibut, IFQ sablefish or CR crab, the operator must submit a VAR in ad dition to an IFQ Departure Report re quired by paragraph (l)(4) of this sec tion. (3) Revised VAR. If fish or fish prod ucts are landed at a port other than the one specified on the VAR, the operator must submit a revised VAR showing the actual port of landing before any fish are offloaded. (4) Exemption: IFQ Departure Report. A VAR is not required if a vessel is car rying only IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab onboard and the operator has submitted an IFQ De parture Report required by paragraph (l)(4) of this section. (5) Information required. (i) Whether original or revised VAR. (ii) Name and Federal fisheries per mit number of vessel or RCR permit number. (iii) Type of vessel (whether catcher vessel, catcher/processor, or mothership). (iv) Name, daytime telephone num ber (including area code), and facsimile number and COMSAT number (if avail able) of representative. (v) Return report. ‘‘Return,’’ for pur poses of this paragraph, means return ing to Alaska. If the vessel is crossing the seaward boundary of the EEZ off Alaska or crossing the U.S.-Canadian international boundary between Alas ka and British Columbia into U.S. waters, indicate a ‘‘return’’ report and enter: (A) Intended Alaska port of landing (see Table 14a to this part); (B) Estimated date and time (hour and minute, Greenwich mean time) the vessel will cross the boundary; and (C) The estimated position coordi nates in latitude and longitude where the vessel will cross. (vi) Depart report. ‘‘Depart’’ means leaving Alaska. If the vessel is crossing the seaward boundary of the EEZ off Alaska and moving out of the EEZ or crossing the U.S.-Canadian inter national boundary between Alaska and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00633 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 624 50 CFR Ch. VI (10–1–22 Edition) § 679.5 British Columbia and moving into Ca nadian waters, indicate a ‘‘depart’’ re port and enter: (A) The intended U.S. port of landing or country other than the United States (see Table 14b to this part); (B) Estimated date and time (hour and minute, Greenwich mean time) the vessel will cross the boundary; and (C) The estimated position coordi nates in latitude and longitude where the vessel will cross. (vii) The Russian Zone. Indicate whether the vessel is returning from fishing in the Russian Zone or is de parting to fish in the Russian Zone. (viii) Fish or fish products. For all fish or fish products (including non-ground fish) on board the vessel, enter: (A) Harvest zone code; (B) Species codes; (C) Product codes; and (D) Total fish product weight in lbs or to the nearest 0.001 mt (2.20 lb). (l) IFQ halibut, CDQ halibut, IFQ sa blefish, or CR crab R&R. In addition to the R&R requirements in this section, in 50 CFR part 680 with respect to CR crab, and as prescribed in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of this title, the following reports and authorizations are required, when ap plicable: IFQ Prior Notice of Landing, Product Transfer Report (see § 679.5(g)), IFQ landing report, IFQ Transshipment Authorization, and IFQ Departure Re port. (1) IFQ Prior Notice of Landing (PNOL)—(i) Time limits and submittal. (A) Except as provided in paragraph (l)(1)(iv) of this section, the operator of any vessel making an IFQ landing must notify OLE, Juneau, AK, no fewer than 3 hours before landing IFQ hal ibut, CDQ halibut, or IFQ sablefish, un less permission to commence an IFQ landing within 3 hours of notification is granted by a clearing officer. (B) A PNOL must be made to the toll-free telephone number 800–304–4846 or to 907–586–7163 between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t. (ii) Revision to PNOL. The operator of any vessel wishing to make an IFQ landing before the date and time (A.l.t.) reported in the PNOL or later than 2 hours after the date and time (A.l.t.) reported in the PNOL must sub mit a new PNOL as described in para graphs (l)(1)(i) and (iii) of this section. (iii) Information required. A PNOL must include the following: (A) Vessel name and ADF&G vessel registration number; (B) Port of landing and port code from Tables 14a and 14b to this part; (C) Exact location of landing within the port (i.e., dock name, harbor name, facility name, or geographical coordi nates); (D) The date and time (A.l.t.) that the landing will take place; (E) Species and estimated weight (in pounds) of the IFQ halibut, CDQ hal ibut or IFQ sablefish that will be land ed; (F) IFQ regulatory area(s) in which the IFQ halibut, CDQ halibut, or IFQ sablefish were harvested; (G) IFQ permit number(s) that will be used to land the IFQ halibut, CDQ hal ibut, or IFQ sablefish; (H) Gear type used to harvest the IFQ sablefish or IFQ halibut (see Table 15 to this part); and (I) If using longline pot gear in the GOA or pot gear in the BSAI, report the number of pots set, the number of pots lost, and the number of pots left deployed on the fishing grounds. (iv) Exemption—(A) Halibut. An IFQ landing of halibut of 500 lb or less of IFQ weight determined pursuant to § 679.40(h) and concurrent with a legal landing of salmon harvested using hand troll gear or power troll gear is exempt from the PNOL required by this sec tion. (B) Lingcod. An IFQ landing of hal ibut of 500 lb or less of IFQ weight de termined pursuant to § 679.40(h) and concurrent with a legal landing of lingcod harvested using dinglebar gear is exempt from the PNOL required by this section. (2) IFQ landing—(i) Remain at landing site. Once the landing has commenced, the IFQ permit holder, the IFQ hired master permit holder, or the CDQ hired master permit holder, and the har vesting vessel may not leave the land ing site until the IFQ halibut, IFQ sa blefish, or CDQ halibut account is prop erly debited (see § 679.40(h)). (ii) No movement of IFQ halibut, CDQ halibut, or IFQ sablefish. The offloaded VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00634 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 625 Fishery Conservation and Management § 679.5 IFQ halibut, CDQ halibut, or IFQ sable fish may not be moved from the land ing site until the IFQ Landing Report is completed through eLandings or other NMFS-approved software and the IFQ permit holder’s or CDQ permit holder’s account is properly debited (see § 679.40(h)). (iii) Single offload site—(A) IFQ hal ibut and CDQ halibut. The vessel oper ator who lands IFQ halibut or CDQ hal ibut must continuously and completely offload at a single offload site all hal ibut onboard the vessel. (B) IFQ sablefish. The vessel operator who lands IFQ sablefish must continu ously and completely offload at a sin gle offload site all sablefish onboard the vessel. (3) Transshipment authorization. For a comparison of forms used for shipping, transporting, or transferring fish or fish product, see Table 13 to this part. (i) No person may transship proc essed IFQ halibut, CDQ halibut, IFQ sa blefish, or CR crab between vessels without authorization by a local clear ing officer. Authorization from a local clearing officer must be obtained for each instance of transshipment at least 24 hours before the transshipment is in tended to commence. (ii) Information required. To obtain a Transshipment Authorization, the ves sel operator must provide the following information to the clearing officer: (A) Date and time (A.l.t.) of trans shipment; (B) Location of transshipment; (C) Name and ADF&G vessel registra tion number of vessel offloading trans shipment; (D) Name of vessel receiving the transshipment; (E) Product destination; (F) Species and product type codes; (G) Total product weight; (H) Time (A.l.t.) and date of the re quest; (I) Name, telephone number, FAX number (if any) for the person making the request. (4) IFQ departure report. For a com parison of forms used for shipping, transporting, or transferring fish or fish product, see Table 13 to this part. (i) General requirements—(A) Time limit and submittal. A vessel operator who in tends to make a landing of IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab at any location other than in an IFQ regulatory area for halibut and sable fish or in a crab fishery for CR crab (see Table 1 to part 680) in the State of Alaska must submit an IFQ Departure Report, by telephone, to OLE, Juneau, AK, (800–304–4846 or 907–586–7163) be tween the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t. (B) Completion of fishing. A vessel op erator must submit an IFQ Departure Report after completion of all fishing and prior to departing the waters of the EEZ adjacent to the jurisdictional waters of the State of Alaska, the ter ritorial sea of the State of Alaska, or the internal waters of the State of Alaska when IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab are on board. (C) Permit—(1) Registered Crab Receiver permit. A vessel operator submitting an IFQ Departure Report for CR crab must have a Registered Crab Receiver permit. (2) Registered Buyer permit. A vessel operator submitting an IFQ Departure Report for IFQ halibut, CDQ halibut, or IFQ sablefish must have a Registered Buyer permit. (D) First landing of any species. A ves sel operator submitting an IFQ Depar ture Report must submit IFQ landing reports for all IFQ halibut, CDQ hal ibut, and IFQ sablefish on board at the same time and place as the first land ing of any IFQ halibut, CDQ halibut, or IFQ sablefish. (E) Permits on board. (1) A vessel oper ator submitting an IFQ Departure Re port to document IFQ halibut or IFQ sablefish must have one or more IFQ permit holders or IFQ hired master permit holders on board with a com bined IFQ balance equal to or greater than all IFQ halibut and IFQ sablefish on board the vessel. (2) A vessel operator submitting an IFQ Departure Report to document CDQ halibut must ensure that one or more CDQ hired master permit holders are onboard with enough remaining halibut CDQ balance to harvest amounts of CDQ halibut equal to or greater than all CDQ halibut onboard. (3) A vessel operator submitting an IFQ Departure Report to document CR crab must have one or more permit holders on board with a combined CR VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00635 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 626 50 CFR Ch. VI (10–1–22 Edition) § 679.5 balance equal to or greater than all CR crab on board the vessel. (ii) Required information. When sub mitting an IFQ Departure Report, the vessel operator must provide the fol lowing information: (A) Intended date, time (A.l.t.), and location of landing; (B) Vessel name and ADF&G vessel registration number; (C) Vessel operator’s name and Reg istered Buyer permit or Registered Crab Receiver permit number; (D) Halibut IFQ, halibut CDQ, sable fish IFQ, and CR crab permit numbers of IFQ and CDQ permit holders on board; (E) Area of harvest. (1) If IFQ or CDQ halibut, then halibut regulatory areas (see Figure 15 to this part). (2) If IFQ sablefish, then sablefish regulatory areas (see Figure 14 to this part). (3) If CR crab, then the crab rational ization fishery code (see Table 1 to part 680). (F) Estimated total weight as appro priate of IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab on board (lb/kg/ mt). (iii) Revision to Departure Report. A vessel operator who intends to make an IFQ landing at a location different from the location named on the IFQ Departure report must submit a re vised report naming the new location at least 12 hours in advance of the off load. Revisions must be submitted by telephone, to OLE, Juneau, AK, (800– 304–4846 or 907–586–7163) between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t. (5) Landing verification, inspection and record retention—(i) Verification and in spection. Each IFQ landing and all fish retained on board the vessel making an IFQ landing are subject to verification and inspection by authorized officers. (ii) Record retention. The IFQ permit holder, IFQ hired master permit hold er, or CDQ hired master permit holder must retain a legible copy of all Land ing Report receipts, and the Registered Buyer must retain a copy of all reports and receipts required by this section. All retained records must be available for inspection by an authorized officer: (A) Until the end of the fishing year during which the records were made and for as long thereafter as fish or fish products recorded are retained onboard the vessel or at the facility; and (B) Upon request of an authorized of ficer for 3 years after the end of the fishing year during which the records were made. (6) Sampling—(i) Each IFQ landing and all fish retained onboard a vessel making an IFQ landing are subject to sampling by NMFS-authorized observ ers. (ii) Each IFQ halibut landing or CDQ halibut landing is subject to sampling for biological information by persons authorized by the IPHC. (7) IFQ cost recovery program—(i) IFQ Registered Buyer Ex-vessel Volume and Value Report (IFQ Buyer Report)—(A) Applicability. An IFQ Registered Buyer that operates as a shoreside processor and receives and purchases IFQ land ings of sablefish or halibut or CDQ landings of halibut must submit annu ally to NMFS a complete IFQ Buyer Report as described in this paragraph (l) and as provided by NMFS for each reporting period, as described at § 679.5(1)(7)(i)(E), in which the Reg istered Buyer receives IFQ fish or CDQ halibut. (B) Due date. A complete IFQ Buyer Report must be postmarked or received by the Regional Administrator not later than October 15 following the re porting period in which the IFQ Reg istered Buyer receives the IFQ fish or CDQ halibut. (C) Information required. A complete IFQ Buyer Report must include the fol lowing information as instructed on the report form at http:// alaskafisheries.noaa.gov/ram: (1) IFQ Registered Buyer identification. (2) Pounds purchased and values paid. (i) The monthly total weights, rep resented in IFQ equivalent pounds by IFQ species or CDQ halibut, that were landed at the landing port location and purchased by the IFQ Registered Buyer; (ii) The monthly total gross ex-vessel value, in U.S. dollars, of IFQ pounds, by IFQ species or CDQ halibut, that were landed at the landing port loca tion and purchased by the IFQ Reg istered Buyer; (3) Value paid for price adjustments—(i) Retro-payments. The monthly total U.S. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00636 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 627 Fishery Conservation and Management § 679.5 dollar amount of any retro-payments (correlated by IFQ species or CDQ hal ibut, landing month(s), and month of payment) made in the current year to IFQ, or to CDQ halibut permit holders for landings made during the previous calendar year; (ii) Electronic submittal. Certification, including the NMFS ID and password of the IFQ Registered Buyer; or (iii) Non-electronic submittal. Certifi cation, including the printed name and signature of the individual submitting the IFQ Buyer Report on behalf of the Registered Buyer, and date of signa ture. (D) Submittal. If applicable, the Reg istered Buyer must complete an IFQ Buyer Report and submit by mail or FAX to NMFS at the address provided on the form, or electronically to NMFS online at http://alaskafisheries.noaa.gov/ ram. (E) Reporting period. The reporting period of the IFQ Buyer Report shall extend from October 1 through Sep tember 30 of the following year, inclu sive. (ii) IFQ Permit Holder Fee Submission Form—(A) Applicability. An IFQ permit holder who holds an IFQ permit against which a landing was made or an RQE that holds RFQ must submit to NMFS a complete IFQ Permit Holder Fee Submission Form provided by NMFS. (B) Due date and submittal. A com plete IFQ Permit Holder Fee Submis sion Form must be postmarked or re ceived by the Regional Administrator not later than January 31 following the calendar year in which any IFQ landing was made. (C) Completed application. NMFS will process an IFQ Permit Holder Fee Sub mission Form provided that a paper or electronic form is completed by the IFQ permit holder or an RQE that holds RFQ, with all applicable fields accurately filled in, and all required additional documentation is attached. (D) IFQ landing summary and esti mated fee liability. NMFS will provide to an IFQ permit holder and an RQE that holds RFQ an IFQ Landing and Esti mated Fee Liability page as required by § 679.45(a)(2). The IFQ permit holder must either accept the accuracy of the NMFS estimated fee liability associ ated with his or her IFQ landings for each IFQ permit, or calculate a revised IFQ fee liability in accordance with paragraph (l)(7)(ii)(E) of this section. The IFQ permit holder may calculate a revised fee liability for all or part of his or her IFQ landings. (E) Revised fee liability calculation. To calculate a revised fee liability, an IFQ permit holder must multiply the IFQ percentage in effect by either the IFQ actual ex-vessel value or the IFQ standard ex-vessel of the IFQ landing. If parts of the landing have different values, the permit holder must apply the appropriate values to the different parts of the landings. (F) Documentation. If NMFS requests in writing that a permit holder submit documentation establishing the factual basis for a revised IFQ fee liability, the permit holder must submit adequate documentation by the 30th day after the date of such request. Examples of such documentation regarding initial sales transactions of IFQ landings in clude valid fish tickets, sales receipts, or check stubs that clearly identify the IFQ landing amount, species, date, time, and ex-vessel value or price. (G) Reporting period. The reporting period of the IFQ Permit Holder Fee Submission Form shall extend from January 1 to December 31 of the year prior to the January 31 due date. (8) An annual report on the halibut and sablefish IFQ activity must be sub mitted by the CQE as required at § 679.5(t). (9) Recreational Quota Entity Program annual report. An annual report on RQE activities must be submitted to NMFS by the RQE as required at § 679.5(v). (10) A report on annual IFQ regu latory areas 4B, 4C, and 4D Halibut IFQ transfer activities must be submitted to NMFS and the Council by a CDQ group as required at § 679.5(w). (m) CDQ Vessel Registration—(1) Reg istration. The representative for a CDQ group must register each vessel that is to receive the exemption from the LLP license requirements at § 679.4(k)(2)(vi) through the CDQ vessel registration system available on the NMFS Alaska Region Web site (http:// alaskafisheries.noaa.gov). The CDQ group representative must log into the CDQ vessel registration system and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00637 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 628 50 CFR Ch. VI (10–1–22 Edition) § 679.5 provide the information required on the computer screen. NMFS will add each vessel successfully registered to the CDQ vessel registration list on the NMFS Alaska Region Web site at http:// alaskafisheries.noaa.gov. (2) Responsibility. The CDQ group rep resentative must successfully complete vessel registration through the CDQ vessel registration system before the vessel may be used to conduct ground fish CDQ fishing under § 679.32(c)(3)(iii) without an LLP license. By using the CDQ group’s NMFS ID and password and submitting the vessel registration request, the CDQ group representative certifies that all information is true, correct, and complete. (3) LLP exemption letter. The CDQ ves sel registration system will provide the CDQ group representative with an LLP exemption letter documenting that the registered vessel is exempt from the LLP when groundfish CDQ fishing. The CDQ group representative must provide a copy of the LLP exemption letter to the operator of the registered vessel named in the LLP exemption letter. The operator of the registered vessel named in the LLP exemption letter must maintain a legible copy of the LLP exemption letter on board the reg istered vessel at all times when that vessel is groundfish CDQ fishing. (4) Removing a vessel from the CDQ ves sel registration list. A CDQ group rep resentative may remove a vessel from the CDQ vessel registration system by logging into the online system and fol lowing the applicable instructions. A CDQ group representative may remove a registered vessel from the CDQ vessel registration list at any time but must certify at the time of removal that the vessel operator had been given notice by the CDQ group that the vessel is going to be removed from the list and that the vessel is not groundfish CDQ fishing at the time of removal. A vessel that is successfully removed from the CDQ vessel registration list is no longer exempt from the LLP require ments under § 679.4(k). (n) CDQ and PSQ transfers— (1) CDQ or PSQ transfer. NMFS will process a request for CDQ or PSQ transfer between CDQ groups provided that the requirements of this para graph are met. (2) Completed application. A paper or electronic request form must be com pleted with all information fields accu rately filled in by transferors and transferees, and all required additional documentation must be attached. (3) Certification of transferor—(i) Non electronic submittal. The transferor’s designated representative must sign and date the application certifying that all information is true, correct, and complete. The transferor’s des ignated representative must submit the paper application as indicated on the application. (ii) Electronic submittal. The trans feror’s designated representative must log into the system and create a trans fer request as indicated on the com puter screen. By using the transferor’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (4) Certification of transferee—(i) Non electronic submittal. The transferee’s designated representative must sign and date the application certifying that all information is true, correct, and complete. (ii) Electronic submittal. The trans feree’s designated representative must log into the system and create a trans fer request as indicated on the com puter screen. By using the transferee’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (o) [Reserved] (p) Commercial Operator’s Annual Re port (COAR)—(1) Requirement. The owner of a mothership or catcher/proc essor must annually complete and sub mit to ADF&G the appropriate Forms A through M and COAR certification page for each year in which the mothership or catcher/processor was issued a Federal Fisheries permit. The owner of a mothership must include all fish received and processed during the year, including fish received from an associated tender vessel. The ADF&G COAR is further described under Alas ka Administrative Code (5 AAC 39.130) (see § 679.3 (b)(2)). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00638 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 629 Fishery Conservation and Management § 679.5 (2) Time limit and submittal of COAR. The owner of a mothership or catcher/ processor must submit to ADF&G the appropriate Forms A through M and COAR certification page by April 1 of the year following the year for which the report is required to the following address: ADF&G Division of Commercial Fish eries, Attn: COAR, P.O. Box 25526, Ju neau, AK 99802–5526 (3) Information required, certification page. The owner of a mothership or catcher/processor must: (i) Enter the company name and ad dress, including street, city, state, and zip code; also seasonal mailing address, if applicable. (ii) Enter the vessel name and ADF&G processor code. (iii) Check YES or NO to indicate whether fishing activity was conducted during the appropriate year. (iv) If response to paragraph (p)(3)(iii) of this section is YES, complete the ap plicable forms of the COAR (see table 18 to this part) and complete and sign the certification page. (v) If response to paragraph (p)(3)(iii) of this section is NO, complete and sign only the certification page. (vi) Sign and enter printed or typed name, e-mail address, title, telephone number, and FAX number of owner. (vii) Enter printed or typed name, e mail address, and telephone number of alternate contact. (4) Buying information (exvessel), Forms A (1-3), C (1-2), E, G, I (1-2), and K—(i) Requirement. The owner of a mothership (if the first purchaser of raw fish) must complete and submit the appropriate COAR buying forms (A (1–3), C (1–2), E, G, I (1–2), and K) for each species purchased from fishermen during the applicable year. (ii) Buying information required. The owner of the mothership must record the following information on the ap propriate COAR buying forms: (A) Species name and code (see table 2 to this part). (B) Area purchased (see table 16 to this part). (C) Gear code (see table 15 to this part). (D) Delivery code (form G only) (see table 1 to this part). (E) Total weight (to the nearest lb) purchased from fishermen. (F) Total amount paid to fishermen, including all post- season adjustments and/or bonuses and any credit received by fishermen for gas expenses, ice, de livery premiums, and other miscella neous expenses. (G) Price per pound. If additional ad justments may be made after this re port has been filed, the owner must check the ‘‘$ not final’’ box, and submit Form M when these adjustments are paid. Do not include fish purchased from another processor. (5) Production forms, Forms B (1–6), D, F, H, J (1–2), and K). For purposes of this paragraph, the total wholesale value is the amount that the processor receives for the finished product (free on board pricing mothership or catch er/processor). For products finished but not yet sold (still held in inventory), calculate the estimated value using the average price received to date for that product. (i) Requirement—(A) Mothership. The owner of a mothership must record and submit the appropriate COAR produc tion forms (B(1–6), D, F, H, J(1–2), and K) for all production that occurred for each species during the applicable year: (1) That were purchased from fisher men on the grounds and/or dockside, including both processed and unproc essed seafood. (2) That were then either processed on the mothership or exported out of the State of Alaska. (B) Catcher/processor. The owner of a catcher/processor must record and sub mit the appropriate COAR production forms (B(1–6), D, F, H, J (1–2), and K) for each species harvested during the applicable year that were then either processed on the vessel or exported out of the State of Alaska. (ii) Information required, non-canned production—(A) Enter area of proc essing (see table 16 to this part). List production of Canadian-harvested fish separately. (B) Processed product. Processed product must be described by entering three codes: (1) Process prefix code (see table 17 to this part) VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00639 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 630 50 CFR Ch. VI (10–1–22 Edition) § 679.5 (2) Process suffix code (see table 17 to this part) (3) Product code (see table 1 to this part) (C) Total net weight. Enter total weight (in pounds) of the finished prod uct. (D) Total value($). Enter the total wholesale value of the finished product. (E) Enter price per pound of the fin ished product. (iii) Information required, canned pro duction. Complete an entry for each can size produced: (A) Enter area of processing (see table 16 to this part). (B) Process 51 or 52. Enter conven tional canned code (51) or smoked, con ventional canned code (52). (C) Total value($). Enter the total wholesale value of the finished product. (D) Enter can size in ounces, to the hundredth of an ounce. (E) Enter number of cans per case. (F) Enter number of cases. (6) Custom production forms, Form L (1– 2)—(i) Requirement. The owner of a mothership or catcher/processor must record and submit COAR production form L (1–2) for each species in which custom production was done by the mothership or catcher/processor for an other processor and for each species in which custom production was done for the mothership or catcher/processor by another processor. (ii) Custom-production by mothership or catcher/processor for another processor. If the mothership or catcher/processor custom-processed fish or shellfish for another processor during the applicable year, the owner of the mothership or catcher/processor must list the proc essor name and ADF&G processor code (if known) to describe that processor, but must not include any of that pro duction in production form L (1–2). (iii) Custom-production by another processor for mothership or catcher/proc essor. If a processor custom-processed fish or shellfish for the mothership or catcher/processor during the applicable year, the owner of the mothership or catcher/processor must use a separate page to list each processor and must include the following information. (A) Custom fresh/frozen miscellaneous production. The owner of a mothership or catcher/processor must list the fol lowing information to describe produc tion intended for wholesale/retail mar ket and that are not frozen for canning later: (1) Species name and code (see table 2 to this part). (2) Area of processing (see table 16 to this part). (3) Processed product. Processed product must be entered using three codes: (i) Process prefix code (see table 17 to this part). (ii) Process suffix code (see table 17 to this part). (iii) Product code (see table 1 to this part). (4) Total net weight. Enter total weight in pounds of the finished prod uct. (5) Total wholesale value($). Enter the total wholesale value of the fin ished product. (B) Custom canned production. The owner of a mothership or catcher/proc essor must list the following informa tion to describe each can size produced in custom canned production: (1) Species name and code (see table 2 to this part). (2) Area of processing (see table 16 to this part). (3) Process 51 or 52. Enter conven tional canned code (51) or smoked, con ventional canned code (52). (4) Total wholesale value ($). Enter the total wholesale value of the fin ished product. (5) Can size in ounces, to the hun dredth of an ounce. (6) Number of cans per case. (7) Number of cases. (7) Fish buying retro payments/post-sea son adjustments, Form M—(i) Require ment. The owner of a mothership must record and submit COAR production Form M to describe additional adjust ments and/or bonuses awarded to a fisherman, including credit received by fishermen for gas expenses, ice, deliv ery premiums, and other miscellaneous expenses. (ii) Information required—(A) Enter species name and code (see table 2 to this part). (B) Enter area purchased (see table 16 to this part) (C) Enter gear code (see table 16 to this part). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00640 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 631 Fishery Conservation and Management § 679.5 (D) Enter total pounds purchased from fisherman. (E) Enter total amount paid to fish ermen (base + adjustment). (q) AI directed pollock fishery catch re ports—(1) Applicability. The Aleut Cor poration shall provide NMFS the iden tity of its designated contact for the Aleut Corporation. The Aleut Corpora tion shall submit to the Regional Ad ministrator a pollock catch report con taining information required by para graph (q)(3) of this section. (2) Time limits and submittal. (i) The Aleut Corporation must submit its AI directed pollock fishery catch reports by one of the following methods: (A) An electronic data file in a for mat approved by NMFS; or (B) By fax. (ii) The AI directed pollock fishery catch reports must be received by the Regional Administrator by 1200 hours, A.l.t. on Tuesday following the end of the applicable weekly reporting period, as defined at § 679.2. (3) Information required. The AI di rected pollock fishery catch report must contain the following informa tion: (i) Catcher vessel ADF&G number; (ii) Federal fisheries or Federal proc essor permit number; (iii) Delivery date; (iv) Pollock harvested: (A) For shoreside and stationary floating processors and motherships, the amount of pollock (in lb for shore side and stationary floating processors and in mt for motherships) delivered, including the weight of at-sea pollock discards; and (B) For catcher/processors, the amount of pollock (in mt) harvested and processed, including the weight of at-sea pollock discards; and (v) ADF&G fish ticket number. (r) Rockfish Program—(1) General. The owners and operators of catcher ves sels, catcher/processors, and shoreside processors authorized as participants in the Rockfish Program must comply with the applicable recordkeeping and reporting requirements of this section and must assign all catch to a rockfish cooperative or rockfish sideboard fish ery, as applicable at the time of catch or receipt of groundfish. All owners of catcher vessels, catcher/processors, and shoreside processors authorized as par ticipants in the Rockfish Program must ensure that their designated rep resentatives or employees comply with all applicable recordkeeping and re porting requirements. (2) Logbook—(i) DFL. Operators of catcher vessels equal to or greater than 60 ft (18.3 m) LOA participating in a Rockfish Program fishery and using trawl gear must maintain a daily fish ing logbook for trawl gear as described in paragraphs (a) and (c) of this sec tion. (ii) ELB. Operators of catcher/proc essors permitted in the Rockfish Pro gram must use a combination of NMFS-approved catcher/processor trawl gear ELB and eLandings to record and report groundfish and PSC information as described in paragraph (f) of this section to record Rockfish Program landings and production. (3) eLandings. Managers of shoreside processors that receive rockfish pri mary species or rockfish secondary spe cies in the Rockfish Program must use eLandings or NMFS-approved software as described in paragraphs (e) and (f) of this section, instead of a logbook and WPR, to record Rockfish Program landings and production. (4) Production reports. Operators of catcher/processors that are authorized as processors in the Rockfish Program must submit a production report as de scribed in paragraphs (e)(9) and (10) of this section. (5) Product transfer report (PTR), proc essors. Operators of catcher/processors and managers of shoreside processors that are authorized as processors in the Rockfish Program must submit a PTR as described in paragraph (g) of this section. (6) [Reserved] (7) Vessel monitoring system (VMS) re quirements (see § 679.28(f)). (8) Rockfish cooperative vessel check-in and check-out report—(i) Applicability— (A) Vessel check-in. The designated rep resentative of a rockfish cooperative must designate any vessel that is au thorized to fish under the rockfish co operative’s CQ permit before that ves sel may fish under that CQ permit through a check-in procedure. The des ignated representative for a rockfish cooperative must submit to NMFS, in VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00641 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 632 50 CFR Ch. VI (10–1–22 Edition) § 679.5 accordance with (8)(ii), a check-in des ignation for a vessel: (1) At least 24 hours prior to the time the catcher vessel begins a fishing trip to fish under a CQ permit; or (2) At least 1 hour prior to the time the catcher/processor begins a fishing trip to fish under a CQ permit; and (3) A check-in designation is effective at the beginning of the first fishing trip after the designation has been sub mitted. (B) Vessel check-out. The designated representative of a rockfish coopera tive must designate any vessel that is no longer fishing under a CQ permit for that rockfish cooperative through a check-out procedure. A check-out re port must be submitted to NMFS, in accordance with (8)(ii), within 6 hours after the effective date and time the rockfish cooperative ends the vessel’s authority to fish under the CQ permit. (1) If the vessel is fishing under a CQ permit for a catcher vessel cooperative, a check-out designation is effective at the end of a complete offload; (2) If the vessel is fishing under a CQ permit for a catcher/processor coopera tive, a check-out designation is effec tive upon submission to NMFS. (ii) Submittal. The designated rep resentative of the rockfish cooperative must submit a vessel check-in or check-out report electronically. The rockfish cooperative’s designated rep resentative must log into the online system and create a vessel check-in or vessel check-out request as indicated on the computer screen. By using the NMFS ID password and submitting the transfer request, the designated rep resentative certifies that all informa tion is true, correct, and complete. (iii) Information required. The vessel check-in or check-out report must con tain the following information: (A) CQ permit number; (B) ADF&G vessel registration num ber(s) of vessel(s) designated to fish under the CQ permit; (C) USCG designation number(s) of vessel(s) designated to fish under the CQ permit; and (D) Date and time when check-in or check-out begins. (9) Rockfish CQ cost recovery fee sub mission (See § 679.85). (10) Rockfish Ex-vessel Volume and Value Report—(i) Applicability. A rock fish processor (as defined at § 679.2) that receives and purchases landings of rockfish CQ groundfish must submit annually to NMFS a complete Rockfish Ex-vessel Volume and Value Report, as described in this paragraph (r)(10), for each reporting period for which the rockfish processor receives rockfish CQ groundfish. (ii) Reporting period. The reporting period of the Rockfish Ex-vessel Vol ume and Value Report shall extend from May 1 through November 15 of each year. (iii) Due date. A complete Rockfish Ex-vessel Volume and Value Report must be received by the Regional Ad ministrator not later than December 1 of the year in which the rockfish proc essor received the rockfish CQ ground fish. (iv) Information required. (A) The rockfish processor must log in using the rockfish processor’s password and NMFS person ID to submit a Rockfish Ex-vessel Volume and Value Report. The NMFS software autofills the rock fish processor’s name. The User must review the autofilled cells to ensure that they are accurate. A completed application must contain the informa tion specified on the Rockfish Ex-ves sel Volume and Value Report with all applicable fields accurately filled-in. (B) Certification. By using the rock fish processor NMFS ID and password and submitting the report, the rockfish processor certifies that all information is true, correct, and complete to the best of his or her knowledge and belief. (v) Submittal. The rockfish processor must complete and submit online by electronic submission to NMFS the Rockfish Ex-vessel Volume and Value Report available at https:// alaskafisheries.noaa.gov. (s) Amendment 80 Program—(1) Gen eral. The owners and operators of Amendment 80 vessels must comply with the applicable recordkeeping and reporting requirements of this section. All owners of Amendment 80 vessels must ensure that their designated rep resentatives or employees comply with all applicable recordkeeping and re porting requirements. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00642 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 633 Fishery Conservation and Management § 679.5 (2) Logbook-DCPL. Operators of Amendment 80 vessels must use a daily cumulative production logbook for trawl gear as described in paragraph (a) of this section to record Amendment 80 Program landings and production. (3) Check-in/check-out report, proc essors. Operators or managers of an Amendment 80 vessel must submit check-in/check-out reports as described in paragraph (h) of this section. (4) Production report. Operators of Amendment 80 vessels that use a DCPL must submit a production report as de scribed in paragraph (e)(10) of this sec tion. (5) Product transfer report (PTR), proc essors. Operators of Amendment 80 ves sels must submit a PTR as described in paragraph (g) of this section. (6) Annual Amendment 80 cooperative report—(i) Applicability. An Amendment 80 cooperative issued a CQ permit must submit annually to the Regional Ad ministrator an Amendment 80 coopera tive report detailing the use of the co operative’s CQ. (ii) Time limits and submittal. (A) The annual Amendment 80 cooperative re port must be submitted to the Regional Administrator by an electronic data file in a NMFS-approved format; by fax: 907–586–7557; or by mail sent to the Regional Administrator, NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802–1668; and (B) The annual Amendment 80 coop erative report for fishing activities under a CQ permit issued for the prior calendar year must be received by the Regional Administrator not later than 1700 hours A.l.t. on March 1 of each year. (iii) Information required. The annual Amendment 80 cooperative report must include at a minimum: (A) The cooperative’s actual retained and discarded catch of CQ and GOA sideboard limited fisheries (if applica ble) by statistical area and on a vessel by-vessel basis; (B) A description of the method used by the cooperative to monitor fisheries in which cooperative vessels partici pated; and (C) A description of any actions taken by the cooperative against spe cific members in response to a member that exceeded the amount of CQ that the member was assigned to catch for the Amendment 80 cooperative. (D) For each Amendment 80 coopera tive, the percent of groundfish retained by that Amendment 80 cooperative of the aggregate groundfish retained by all Amendment 80 vessels assigned to that Amendment 80 cooperative using the following equations: Substituting the value for GFroundweight into the following equa tion: GFR% = (GFroundweight /TotalGF)* 100 Where: GFroundweight is the total annual round weight equivalent of all retained product weights retained by all Amendment 80 vessels assigned to that Amendment 80 cooperative for each IR/IU groundfish species. PWspeciesn is the total annual product weight for each groundfish species listed in Table 2a to this part by product type as reported in the vessel’s production report for all Amendment 80 vessels assigned to that Amendment 80 cooperative required at § 679.5(e). PRRspeciesn is the standard product recovery rate for each groundfish species and product combination listed in Table 3 to this part. GFR% is the groundfish retention percentage for an Amendment 80 cooperative cal culated as GFroundweight divided by the total weight of groundfish catch. TotalGF is the total groundfish round catch weight for all Amendment 80 vessels as signed to that Amendment 80 cooperative as measured by the flow scale measure ment, less any non-groundfish, PSC spe cies or groundfish species on prohibited species status under § 679.20. (E) For each Amendment 80 coopera tive, a third party must audit the Amendment 80 cooperative’s annual groundfish retention calculations and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00643 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 E R 25 F E 13 .0 01 < /G P H > sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 634 50 CFR Ch. VI (10–1–22 Edition) § 679.5 the Amendment 80 cooperative must include the finding of the third party audit in its Amendment 80 annual co operative report. (7) Vessel monitoring system (VMS) re quirements (see § 679.28(f)). (t) Community Entity Quota Program Annual Report—(1) Applicability. A CQE must submit an annual report on the CQE’s administrative activities, busi ness operation, and community fishing activities for each calendar year it holds any of the following: community charter halibut permits as described at § 300.67(k) of this title, halibut and sa blefish individual fishing quota (IFQ) and quota shares (QS) as described at § 679.41(l)(3), and community Pacific cod endorsed non-trawl groundfish li cense limitation program (LLP) li censes as described at § 679.4(k)(10)(vi)(F)(2). The CQE may combine annual reports about its hold ings of community charter halibut per mits, IFQ, and LLPs in one report. A CQE must submit annual report data for the community charter halibut per mit, IFQ, and LLP permits it held dur ing the calendar year. A CQE is not re quired to submit an annual report for any calendar year in which it did not hold any community charter halibut permits, IFQ, or LLPs. (2) Time limits and submittal. By Janu ary 31, the CQE must submit a com plete annual report for the prior cal endar year to the Regional Adminis trator, National Marine Fisheries Serv ice, P.O. Box 21668, Juneau, AK 99802, and to the governing body of each com munity represented by the CQE as identified in Table 21 to this part. (3) Complete annual report. A complete annual report contains all general re port requirements listed in paragraphs (t)(4)(i) through (t)(4)(iii) of this sec tion and all program specific report re quirements applicable to the CQE as described in paragraphs (t)(5)(i) through (t)(5)(iii). (4) General report requirements. Each CQE must report the following infor mation: (i) The eligible community or com munities, represented by the CQE, any new communities, and any withdrawn communities; (ii) Any changes in the bylaws of the CQE, board of directors, or other key management personnel; and (iii) Copies of minutes and other rel evant decision making documents from all CQE board meetings held during the prior calendar year. (5) Program specific report require ments. Each CQE must report business operations and fishing activity for the charter halibut permit, IFQ, and LLP programs for each eligible community represented by the CQE. (i) If a community in Table 21 to part 679 was issued one or more charter hal ibut permits held on behalf of the com munity by a CQE, then the CQE must complete paragraphs (t)(5)(iv)(A) through (I) of this section; (ii) If a community in Table 21 to part 679 leased halibut and sablefish IFQ derived from the QS held on behalf of the community by a CQE, then the CQE must complete paragraphs (t)(5)(v)(A) through (J) of this section; and (iii) If a community in Table 21 to part 679 was assigned one or more Pa cific cod endorsed non-trawl groundfish licenses held on behalf of the commu nity by a CQE, then the CQE must complete paragraphs (t)(5)(vi)(A) through (I) of this section. (iv) Charter Halibut Limited Access Program. For each community rep resented by the CQE, the program spe cific report for charter halibut permits held by a CQE, must include: (A) The total number of charter hal ibut permits held by the CQE at the start of the calendar year, at the end of the calendar year, and projected to be held in the next calendar year; (B) A description of the process used by the CQE to solicit applications from persons to use charter halibut permits that the CQE is holding on behalf of the eligible community; (C) The total number of persons who applied to use one or more charter hal ibut permits; (D) Name, business address, city and state, and number of charter halibut permits requested by each person who applied to use a charter halibut permit held by the CQE; (E) A detailed description of the cri teria used by the CQE to distribute charter halibut permits among persons VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00644 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 635 Fishery Conservation and Management ยง 679.5 who applied to use one or more charter halibut permits that the CQE is hold ing on behalf of the eligible commu nity; (F) For each person issued one or more charter halibut permits held by a CQE, provide their name, business ad dress, city and state, ADF&G logbook number(s), and the number(s) of each charter halibut permits they were au thorized to use with the corresponding regulatory area endorsement and an gler endorsement; (G) For each vessel authorized to par ticipate in the charter halibut fishery using one or more charter halibut per mits held by the CQE, provide the ves sel name, ADF&G vessel registration number, USCG documentation number, length overall, home port and each charter halibut permits number held by the CQE and used onboard the ves sel; (H) For each vessel authorized to par ticipate in the charter halibut fishery using one or more charter halibut per mits held by the CQE, provide each set of ports from which the vessel departed and to which it returned, and the total number of trips that occurred to and from each set of ports when one or more charter halibut permits held by the CQE was used onboard the vessel; and (I) For each community represented by the CQE, provide any payments made to the CQE for use of the charter halibut permits. (v) Individual Fishing Quota Program. For each community represented by the CQE, the program specific report for halibut IFQ or sablefish IFQ that were derived from QS held by the CQE must include: (A) The total amount of halibut QS and total amount of sablefish QS held by the CQE at the start of the calendar year, at the end of the calendar year, and projected to be held in the next calendar year; (B) A description of the process used by the CQE to solicit applications from eligible community residents and non residents to use IFQ that is derived from QS that the CQE is holding on be half of the eligible community; (C) The total number of eligible com munity residents and non-residents who applied to use IFQ derived from QS held by the CQE; (D) Name, business address, city and state, and amount of IFQ requested by each person who applied to use IFQ de rived from QS held by the CQE; (E) A detailed description of the cri teria used by the CQE to distribute IFQ among eligible community residents and non-residents who applied to use IFQ held by the CQE; (F) For each person who leased IFQ derived from QS held by the CQE, pro vide their name, business address, city and state, each IFQ permit number, and the total pounds of halibut IFQ and total pounds of sablefish IFQ they were authorized to use through each IFQ permit number; (G) For each vessel used to harvest IFQ derived from QS held by the CQE, provide the vessel name, ADF&G vessel registration number, USCG docu mentation number, length overall, home port, and each IFQ permit num ber(s) used onboard; (H) A description of the efforts made by the CQE to ensure crew members onboard the vessels used to harvest the IFQ derived from QS held by the CQE are residents of the CQE eligible com munity; (I) Name, resident city and state of each person employed as a crew mem ber on each vessel used to harvest IFQ derived from QS held by the CQE; and (J) For each community whose eligi ble community residents and non-resi dents landed IFQ derived from QS held by the CQE, provide any payments made to the CQE for use of the IFQ. (vi) License Limitation Program. For each community represented by the CQE, the program specific report for GOA Pacific cod endorsed non-trawl groundfish licenses held by a CQE must include: (A) The total number of LLP ground fish licenses by gear type endorsement held by the CQE at the start of the cal endar year, at the end of the calendar year, and projected to be held in the next calendar year; (B) A description of the process used by the CQE to solicit applications from residents of the eligible community to use LLP groundfish license(s) that the CQE is holding on behalf of the eligible community; VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00645 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 636 50 CFR Ch. VI (10–1–22 Edition) § 679.5 (C) The total number of community residents who applied to use an LLP groundfish license held by the CQE; (D) Name, business address, city and state, and number of LLP groundfish licenses requested by each person who applied to use a LLP groundfish license held by the CQE; (E) A detailed description of the cri teria used by the CQE to distribute LLP groundfish licenses among eligible community residents who applied to use LLP groundfish licenses held by the CQE; (F) For each person assigned one or more LLP groundfish licenses held by the CQE, provide their name, business address, city and state, and LLP groundfish license numbers for permits of each gear endorsement type they were authorized to use; (G) For each vessel authorized to har vest LLP groundfish using one or more LLP groundfish licenses held by the CQE, provide the vessel name, ADF&G vessel registration number, USCG doc umentation number, length overall, home port, and each LLP groundfish li cense number used onboard; (H) Name, resident city and state of each person employed as a crew mem ber on each vessel authorized to har vest LLP groundfish using one or more LLP groundfish licenses held by the CQE; and (I) For each community whose resi dents made landings using one or more LLP groundfish licenses held by the CQE, provide any payments made to the CQE for use of the LLP groundfish licenses. (u) BSAI Cost Recovery Volume and Value Reports—(1) Pacific Cod Ex-vessel Volume and Value Report—(i) Applica bility. A shoreside processor designated on an FPP, or a mothership designated on an FFP, that processes landings of either CDQ Pacific cod or BSAI Pacific cod harvested by a vessel using trawl gear must submit annually to NMFS a complete Pacific Cod Ex-vessel Volume and Value Report, as described in this paragraph (u)(1), for each reporting pe riod for which the shorebased processor or mothership receives this Pacific cod. (ii) Reporting period. The reporting period of the Pacific Cod Ex-vessel Vol ume and Value Report shall extend from January 1 to October 31 of the year in which the landings were made. (iii) Due date. A complete Pacific Cod Ex-vessel Volume and Value Report must be received by NMFS no later than November 10 of the year in which the processor or mothership received the Pacific cod. (iv) Information required. (A) The sub mitter must log in using his or her password and NMFS person ID to sub mit a Pacific Cod Ex-vessel Volume and Value Report. The User must re view any auto-filled cells to ensure that they are accurate. A completed re port must have all applicable fields ac curately filled-in. (B) Certification. By using the NMFS person ID and password and submitting the report, the submitter certifies that all information is true, correct, and complete to the best of his or her knowledge and belief. (v) Submittal. The submitter must complete and submit online to NMFS the Pacific Cod Ex-vessel Volume and Value Report available at https:// alaskafisheries.noaa.gov. (2) First Wholesale Volume and Value Report—(i) Applicability. An Amend ment 80 vessel owner that harvests groundfish species, other than Pacific cod, must submit annually to NMFS a complete First Wholesale Volume and Value Report, as described in this para graph (u)(2), for each reporting period for which the Amendment 80 vessel harvests groundfish species, other than Pacific cod. (ii) Reporting period. (A) The report ing period of the First Wholesale Vol ume and Value Report for all species except rock sole shall extend from Jan uary 1 to October 31 of the year in which the landings were made. (B) The first reporting period of the First Wholesale Volume and Value Re port for rock sole shall extend from January 1 to March 31, and the second reporting period shall extend from April 1 to October 31. (iii) Due date. A complete First Wholesale Volume and Value Report must be received by NMFS no later than November 10 of the year in which the Amendment 80 vessel received the groundfish species, other than Pacific cod. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00646 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 637 Fishery Conservation and Management § 679.5 (iv) Information required. (A) The Amendment 80 vessel owner must log in using his or her password and NMFS person ID to submit a First Wholesale Volume and Value Report. The vessel owner must review any auto-filled cells to ensure that they are accurate. A completed report must have all appli cable fields accurately filled-in. (B) Certification. By using the NMFS person ID and password and submitting the report, the Amendment 80 vessel owner certifies that all information is true, correct, and complete to the best of his or her knowledge and belief. (v) Submittal. The Amendment 80 ves sel owner must complete and submit online to NMFS the First Wholesale Volume and Value Report available at https://alaskafisheries.noaa.gov. (v) Recreational Quota Entity Program Annual Report—(1) Applicability. The RQE must submit a timely and com plete annual report on the RQE’s ad ministrative activities and business op eration for each calendar year that it holds halibut recreational fishing quota (RFQ) and quota shares (QS). The RQE may combine annual reports on its holdings of halibut QS and RFQ for IFQ regulatory areas 2C and 3A into one report. The RQE must submit an nual report data for the halibut QS and RFQ it held during the calendar year. The RQE is not required to submit an annual report for any calendar year in which it did not hold any halibut QS or RFQ. (2) Time limits and submittal. By Janu ary 31, the RQE must submit a com plete annual report for the prior cal endar year to the North Pacific Fish ery Management Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501– 2252, and to NMFS-Alaska Regional Ad ministrator, P.O. Box 21668, Juneau, AK 99802–1668. (3) Complete annual report. A complete annual report contains all general re port requirements described in para graphs (v)(4)(i) through (iv) of this sec tion, and all information specific to IFQ regulatory areas 2C and 3A de scribed in paragraphs (v)(5)(i) through (iii) of this section. (4) General report requirements. The RQE must annually report the fol lowing information: (i) Any changes to the bylaws, board of directors, or other key management personnel of the RQE from the pre ceding year; (ii) Amount and description of annual administrative expenses; (iii) Amount and description of funds spent on conservation and research, in cluding a summary of the results of those expenditures; and (iv) Amount and description of all other expenses incurred by the RQE. (5) Information by IFQ regulatory area. For each IFQ regulatory area rep resented by the RQE, the RQE must an nually report the following informa tion: (i) The total amount of halibut QS by category and blocks held by the RQE at the start of the calendar year, on October 1, and at the end of the cal endar year; (ii) A list of all transfers (purchases or sales) of halibut QS, including the transaction price; and (iii) A description of the number of charter halibut permits and number of angler endorsements purchased and held by the RQE. (w) Report on Area 4 halibut IFQ trans fers to CDQ groups—(1) Applicability. A CDQ group that receives IFQ regu latory area 4 halibut IFQ by transfer must submit a timely and complete re port on the CDQ group’s annual halibut IFQ transfer activities for each cal endar year that it receives IFQ regu latory area 4 halibut IFQ by transfer. A CDQ group is not required to submit a report for any calendar year in which it did not receive any IFQ regulatory area 4 halibut IFQ by transfer. (2) Time limits and submittal. A CDQ group must submit a complete report by January 31 of the year following a fishing year during which the CDQ group receives IFQ regulatory area 4B, 4C, or 4D halibut IFQ by transfer. The complete report must be submitted to the North Pacific Fishery Management Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501–2252, and to NMFS-Alaska Regional Administrator, P.O. Box 21668, Juneau, AK, 99802–1668. (3) Complete report. A complete report contains all report requirements de scribed in paragraphs (w)(4)(i) through (w)(4)(iii) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00647 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 638 50 CFR Ch. VI (10–1–22 Edition) § 679.6 (4) Report requirements. A CDQ group must report the following information: (i) The annual amount, IFQ regu latory area, and vessel category of IFQ regulatory area 4B, 4C, and 4D halibut IFQ transferred to the CDQ group; (ii) The criteria used to select IFQ holders to transfer IFQ regulatory area 4B, 4C, and 4D halibut IFQ to the CDQ group; and (iii) The criteria used to determine the person(s) eligible to harvest IFQ regulatory area 4B, 4C, and 4D halibut IFQ received by transfer. [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.6 Exempted fisheries. (a) General. For limited experimental purposes, the Regional Administrator may authorize, after consulting with the Council, fishing for groundfish or fishing for Arctic fish in the Arctic Management Area in a manner that would otherwise be prohibited. No ex empted fishing may be conducted un less authorized by an exempted fishing permit issued by the Regional Adminis trator to the participating vessel owner in accordance with the criteria and procedures specified in this sec tion. Exempted fishing permits will be issued without charge and will expire at the end of a calendar year unless otherwise provided for under paragraph (e) of this section. (b) Application. An applicant for an exempted fishing permit shall submit to the Regional Administrator, at least 60 days before the desired effective date of the exempted fishing permit, a writ ten application including, but not lim ited to, the following information: (1) The date of the application. (2) The applicant’s name, mailing ad dress, and telephone number. (3) A statement of the purpose and goal of the experiment for which an ex empted fishing permit is needed, in cluding a general description of the ar rangements for disposition of all spe cies harvested under the exempted fish ing permit. (4) Technical details about the exper iment, including: (i) Amounts of each species to be har vested that are necessary to conduct the experiment, and arrangement for disposition of all species taken. (ii) Area and timing of the experi ment. (iii) Vessel and gear to be used. (iv) Experimental design (e.g., sam pling procedures, the data and samples to be collected, and analysis of the data and samples). (v) Provision for public release of all obtained information, and submission of interim and final reports. (5) The willingness of the applicant to carry observers, if required by the Regional Administrator, and a descrip tion of accommodations and work space for the observer(s). (6) Details for all coordinating par ties engaged in the experiment and sig natures of all representatives of all principal parties. (7) Information about each vessel to be covered by the exempted fishing per mit, including: (i) Vessel name. (ii) Name, address, and telephone number of owner and master. (iii) USCG documentation, state li cense, or registration number. (iv) Home port. (v) Length of vessel. (vi) Net tonnage. (vii) Gross tonnage. (8) The signature of the applicant. (9) The Regional Administrator may request from an applicant additional information necessary to make the de terminations required under this sec tion. Any application that does not in clude all necessary information will be considered incomplete. An incomplete application will not be considered to be complete until the necessary informa tion is provided in writing. An appli cant for an exempted fishing permit need not be the owner or operator of the vessel(s) for which the exempted fishing permit is requested. (c) Review procedures. (1) The Re gional Administrator, in consultation with the Alaska Fishery Science Cen ter, will review each application and will make a preliminary determination whether the application contains all the information necessary to deter mine if the proposal constitutes a valid VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00648 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 639 Fishery Conservation and Management § 679.6 fishing experiment appropriate for fur ther consideration. If the Regional Ad ministrator finds any application does not warrant further consideration, the applicant will be notified in writing of the reasons for the decision. (2) If the Regional Administrator de termines any application is complete and warrants further consideration, he or she will initiate consultation with the Council by forwarding the applica tion to the Council. The Council’s Ex ecutive Director shall notify the appli cant of a meeting at which the Council will consider the application and invite the applicant to appear in support of the application, if the applicant de sires. If the Regional Administrator initiates consultation with the Coun cil, NMFS will publish notification of receipt of the application in the FED ERAL REGISTER with a brief description of the proposal. (d) Notifying the applicant. (1) The de cision of the Regional Administrator, after consulting with the Council, to grant or deny an exempted fishing per mit is the final action of the agency. The Regional Administrator shall no tify the applicant in writing of the de cision to grant or deny the exempted fishing permit and, if denied, the rea sons for the denial, including: (i) The applicant has failed to dis close material information required, or has made false statements as to any material fact, in connection with the application. (ii) According to the best scientific information available, the harvest to be conducted under the permit would detrimentally affect living marine re sources, including marine mammals and birds, and their habitat in a sig nificant way. (iii) Activities to be conducted under the exempted fishing permit would be inconsistent with the intent of this section or the management objectives of the FMP. (iv) The applicant has failed to dem onstrate a valid justification for the permit. (v) The activity proposed under the exempted fishing permit could create a significant enforcement problem. (vi) The applicant failed to make available to the public information that had been obtained under a pre viously issued exempted fishing per mit. (vii) The proposed activity had eco nomic allocation as its sole purpose. (2) In the event a permit is denied on the basis of incomplete information or design flaws, the applicant will be pro vided an opportunity to resubmit the application, unless a permit is denied because exempted fishing would det rimentally affect marine resources, be inconsistent with the management ob jectives of the FMP, create significant enforcement problems, or have eco nomic allocation as its sole purpose. (e) Terms and conditions. The Regional Administrator may attach terms and conditions to the exempted fishing per mit that are consistent with the pur pose of the experiment, including, but not limited to: (1) The maximum amount of each species that can be harvested and land ed during the term of the exempted fishing permit, including trip limita tions, where appropriate. (2) The number, sizes, names, and identification numbers of the vessels authorized to conduct fishing activities under the exempted fishing permit. (3) The time(s) and place(s) where ex empted fishing may be conducted. (4) The type, size, and amount of gear that may be used by each vessel oper ated under the exempted fishing per mit. (5) The condition that observers be carried aboard vessels operated under an exempted fishing permit. (6) Reasonable data reporting re quirements. (7) Such other conditions as may be necessary to assure compliance with the purposes of the exempted fishing permit and consistency with the FMP objectives. (8) Provisions for public release of data obtained under the exempted fish ing permit. (f) Effectiveness. Unless otherwise specified in the exempted fishing per mit or superseding notification or reg ulation, an exempted fishing permit is effective for no longer than 1 calendar year, but may be revoked, suspended, or modified during the calendar year. Exempted fishing permits may be re newed following the application proce dures in paragraph (b) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00649 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 640 50 CFR Ch. VI (10–1–22 Edition) § 679.7 (g) Recordkeeping and reporting re quirements. In addition to the record keeping and reporting requirements in this section, the operator or manager must comply with requirements at § 679.5(a) through (k). [61 FR 31230, June 19, 1996, as amended at 64 FR 61981, Nov. 15, 1999; 67 FR 4148, Jan. 28, 2002; 67 FR 22017, May 2, 2002; 74 FR 56745, Nov. 3, 2009] § 679.7 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) Groundfish of the GOA and BSAI— (1) Federal Fisheries Permit (FFP). (i) Fish for groundfish in the BSAI or GOA with a vessel of the United States that does not have on board a legible copy of a valid FFP issued under § 679.4. (ii) Conduct directed fishing for Atka mackerel, Pacific cod, or pollock with pot, hook-and-line, or trawl gear from a vessel of the United States that does not have on board a legible copy of a valid FFP issued under § 679.4 and en dorsed for Atka mackerel, Pacific cod, or pollock under § 679.4(b). (2) Conduct any fishing contrary to notification of inseason action, closure, or adjustment issued under § 679.20, § 679.21, § 679.22, § 679.25. (3) Groundfish and Halibut Observer Program. (i) Fish or process groundfish except in compliance with the terms of the Groundfish and Halibut Observer Program as provided by subpart E of this part. (ii) Except where observer services are provided by a NMFS employee or other individuals authorized by NMFS under § 679.51(c) or § 679.51(d)(1)(ii), de ploy observers in the full observer cov erage category at § 679.51(a)(2) and (b)(2) without an observer provider permit issued under § 679.52(a). (4) Pollock roe. Retain pollock roe on board a vessel in violation of § 679.20(g). (5) Rockfish by catcher vessels using hook-and-line, jig, or pot gear. (i) For any person, to discard rock fish from a catcher vessel required to have a Federal fisheries permit that is fishing for groundfish or IFQ or CDQ halibut using hook-and-line, jig, or pot gear in the BSAI or GOA until that fish has been landed. (ii) Exceed the maximum commerce allowance amount established under § 679.20(j). (6) Gear. Deploy any trawl, longline, longline pot, pot-and-line, or jig gear in an area when directed fishing for, or retention of, all groundfish by opera tors of vessels using that gear type is prohibited in that area, except that this paragraph (a)(6) shall not prohibit: (i) Deployment of fixed gear, as de fined in § 679.2 under ‘‘Authorized fish ing gear,’’ by an operator of a vessel fishing for IFQ halibut during the fish ing period prescribed in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of this title. (ii) Deployment of pot gear by opera tors of vessels fishing for crab during seasons governed by the State of Alas ka. (iii) Deployment of jig gear by opera tors of vessels fishing for salmon dur ing seasons governed by the State of Alaska. (7) Inshore/offshore. (i) Operate a ves sel in the ‘‘inshore component in the GOA’’ as defined in § 679.2 without a valid Inshore Processing endorsement on the vessel’s FFP or FPP. (ii) Operate a vessel as a ‘‘stationary floating processor’’ in the ‘‘inshore component in the GOA’’ as defined in § 679.2, and as a catcher/processor in the BSAI during the same fishing year. (iii) Operate a vessel as a ‘‘stationary floating processor’’ in the ‘‘inshore component in the GOA’’ as defined in § 679.2, and as an AFA mothership in the BSAI during the same fishing year. (iv) Operate any vessel in the GOA in more than one of the three categories included in the definition of ‘‘inshore component in the GOA,’’ in §§ 679.2, dur ing any fishing year. (v) Operate any vessel in the GOA under both the ‘‘inshore component in the GOA’’ and the ‘‘offshore component in the GOA’’ definitions in §§ 679.2 dur ing the same fishing year. (vi) Except as provided in paragraph (k)(3)(iv) of this section, use a sta tionary floating processor with a GOA inshore processing endorsement to process pollock harvested in the GOA or Pacific cod harvested in the Eastern GOA in a directed fishery for those spe cies in more than one single geographic VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00650 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 641 Fishery Conservation and Management § 679.7 location in the GOA during a fishing year. (vii) Operate a vessel in the ‘‘inshore component of the GOA’’ as defined in § 679.2 during a calendar year if that vessel is used to directed fish for Pa cific cod under the authority of a groundfish license with a Pacific cod endorsement in the regulatory area listed in Table 49 to part 679. (viii) Use a vessel operating under the authority of a groundfish license with a Pacific cod endorsement to di rected fish for Pacific cod in the East ern GOA apportioned to the inshore component of the GOA as specified under § 679.20(a)(6) if that vessel has di rected fished for Pacific cod in the Eastern GOA apportioned to the off shore component of the Eastern GOA during that calendar year. (ix) Use a vessel operating under the authority of a groundfish license with a Pacific cod endorsement to directed fish for Pacific cod in the Eastern GOA apportioned to the offshore component of the Eastern GOA as specified under § 679.20(a)(6) if that vessel has directed fished for Pacific cod in the Eastern GOA apportioned to the inshore compo nent of the GOA during that calendar year. (8) Fishing in Donut Hole. Except as authorized by permit issued pursuant to the section of the Donut Hole Con vention implementing legislation au thorizing NMFS to issue Donut Hole fishing permits (Public Law 104–43, sec tion 104(d)), it is unlawful for any per son to: (i) Fish in the Donut Hole from a ves sel for which a Federal fisheries permit has been issued pursuant to § 679.4 dur ing the year for which the permit was issued. (ii) Possess within the EEZ fish har vested from the Donut Hole on board a vessel for which a Federal fisheries per mit has been issued pursuant to § 679.4 during the year for which the permit was issued. (9) Authorized fishing gear. Retain groundfish taken with other than au thorized fishing gear as defined in § 679.2, except that groundfish inciden tally taken by pot gear by a vessel while participating in an open crab sea son governed by the State of Alaska may be retained for use as unprocessed bait on board that vessel. (10) Recordkeeping and reporting. (i) Fail to comply with or fail to ensure compliance with requirements in §§ 679.4 or 679.5. (ii) Alter, erase, mutilate, or forge any permit or document issued under §§ 679.4 or 679.5. (iii) Fail to submit or submit inac curate information on, any report, ap plication, or statement required under this part. (iv) Intentionally submit false infor mation on any report, application, or statement required under this part. (11) Buying station or tender vessel—(i) Tender vessel. Use a catcher vessel or catcher/processor as a tender vessel be fore offloading all groundfish or groundfish product harvested or proc essed by that vessel. (ii) Associated processor. Function as a tender vessel or buying station without an associated processor. (12) Prohibited species donation pro gram. Retain or possess prohibited spe cies, defined at § 679.21(a)(1), except as permitted to do so under the PSD pro gram as provided by § 679.26, or as au thorized by other applicable law. (13) Halibut. With respect to halibut caught with fixed gear, as defined in § 679.2 under the definition of ‘‘Author ized fishing gear,’’ deployed from a ves sel fishing for groundfish, except for vessels fishing for halibut as prescribed in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of this title: (i) Fail to release the halibut out board a vessel’s rails. (ii) Release halibut caught with longline gear by any method other than— (A) Cutting the gangion. (B) Positioning the gaff on the hook and twisting the hook from the hal ibut. (C) Straightening the hook by using the gaff to catch the bend of the hook and bracing the gaff against the vessel or any gear attached to the vessel. (iii) Puncture the halibut with a gaff or other device. (iv) Allow halibut caught with longline gear to contact the vessel, if such contact causes, or is capable of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00651 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 642 50 CFR Ch. VI (10–1–22 Edition) § 679.7 causing, the halibut to be stripped from the hook. (14) Trawl gear performance standard— (i) BSAI. Use a vessel to participate in a directed fishery for pollock using trawl gear and have on board the ves sel, at any particular time, 20 or more crabs of any species that have a cara pace width of more than 1.5 inches (38 mm) at the widest dimension. (ii) GOA. Use a vessel to participate in a directed fishery for pollock using trawl gear when directed fishing for pollock with nonpelagic trawl gear is closed and have on board the vessel, at any particular time, 20 or more crabs of any species that have a carapace width of more than 1.5 inches (38 mm) at the widest dimension. (15) Federal processor permit (FPP). (i) Receive, purchase or arrange for pur chase, discard, or process groundfish harvested in the GOA or BSAI by a shoreside processor or SFP and in the Western and Central GOA regulatory areas, including Federal reporting areas 610, 620, and 630, that does not have on site a legible copy of a valid FPP issued pursuant to § 679.4(f). (ii) Receive, purchase or arrange for purchase, discard, or process ground fish harvested in the GOA by a CQE floating processor that does not have on site a legible copy of a valid FPP issued pursuant to § 679.4(f). (16) Retention of groundfish bycatch species. Exceed the maximum retainable groundfish amount estab lished under § 679.20(e). (17) Tender vessel. (i) Use a catcher vessel or catcher/processor as a tender vessel before offloading all groundfish or groundfish product harvested or processed by that vessel. (ii) Use a catcher vessel or catcher/ processor to harvest groundfish while operating as a tender vessel. (18) Pollock, Pacific Cod, and Atka Mackerel Directed Fishing and VMS. Op erate a vessel in any Federal reporting area when a vessel is authorized under § 679.4(b) to participate in the Atka mackerel, Pacific cod, or pollock di rected fisheries and the vessel’s author ized species and gear type is open to di rected fishing, unless the vessel carries an operable NMFS-approved Vessel Monitoring System (VMS) and com plies with the requirements in § 679.28(f). (19) Atka mackerel directed fishing in the Bering Sea reporting areas. Conduct directed fishing for Atka mackerel in the Bering Sea subarea and adjacent State waters with a vessel required to be Federally permitted. (20) Anchoring in a habitat protection area. Anchor any federally permitted vessel in any habitat protection area described in Tables 22, 23, and 26 of this part. (21) VMS on vessels in the Aleutian Is lands subarea. Operate a federally per mitted vessel in the Aleutian Islands subarea without an operable VMS and without complying with the require ments at § 679.28(f). (22) VMS for non-pelagic trawl and dredge gear vessels in the GOA. Operate a federally permitted vessel in the GOA with non-pelagic trawl or dredge gear onboard without an operable VMS and without complying with the require ments at § 679.28(f). (b) Prohibitions specific to the GOA—(1) Southeast outside trawl closure. Use trawl gear in the GOA east of 140° W long. (2) Catcher vessel harvest limit for pol lock. (i) Retain more than 300,000 lb (136 mt) of unprocessed pollock on board a catcher vessel issued a FFP at any time during a fishing trip as defined at § 679.2; (ii) Land more than 300,000 lb (136 mt) of unprocessed pollock harvested in any GOA reporting area from a catcher vessel issued a FFP to any processor or tender vessel during a calendar day as defined at § 679.2; and (iii) Land a cumulative amount of unprocessed pollock harvested from any GOA reporting area from a catcher vessel issued a FFP during a directed fishery that exceeds the amount in paragraph (b)(2)(ii) of this section mul tiplied by the number of calendar days that occur during the time period the directed fishery is open in that report ing area. (3) Tender vessel restrictions for pollock. (i) Operate as a tender vessel east of 157°00′ W long. for pollock harvested in the GOA. (ii) Operate as a tender vessel west of 157°00′ W long. while retaining on board VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00652 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 643 Fishery Conservation and Management § 679.7 at any time more than 600,000 lb (272 mt) of unprocessed pollock. (4) Catcher vessel restrictions. (i) De liver Pacific cod harvested in the West ern GOA or Central GOA regulatory area including Federal reporting areas 610, 620, or 630, to a vessel for proc essing in a GOA regulatory area other than the area in which the harvest oc curred. (ii) Deliver Pacific cod harvested in the Western GOA or Central GOA regu latory area, including Federal report ing areas 610, 620, or 630, to another vessel for processing unless the proc essing vessel carries an operable NMFS-approved Vessel Monitoring System that complies with the require ments in § 679.28(f). (iii) Deliver Pacific cod harvested in the Western GOA or adjacent waters parallel directed fishery to a vessel for processing in excess of the processing limits established at § 679.20(a)(12)(iv) or (v), unless the processing vessel meets the definition of a stationary floating processor at § 679.2. (iv) Deliver Pacific cod harvested in the Central GOA or adjacent waters parallel directed fishery in excess of the processing limits established at § 679.20(a)(12)(v), unless the processing vessel meets the definition of a sta tionary floating processor at § 679.2. (v) Deliver Pacific cod harvested in the Central GOA or adjacent waters parallel directed fishery to a vessel for processing, unless that vessel is en dorsed as a CQE floating processor or stationary floating processor. (vi) Eligible catcher/processor LLP license holders electing to add a catch er vessel endorsement for the Western or Central GOA under § 679.4 (k)(10)(vii)(B) and (C) of this part are prohibited from catching and proc essing Pacific cod onboard a vessel under the authority of that groundfish license in the directed Pacific cod fish ery in Federal reporting areas 610, 620, or 630. (5) Stationary floating processor restric tions. (i) Except as provided in para graph (k)(3)(iv) of this section, to use a stationary floating processor to proc ess Pacific cod at more than one single geographic location in the GOA during a fishing year if the Pacific cod was harvested in a Western or Central GOA directed fishery within Federal report ing areas 610, 620, or 630. (ii) Operate as a stationary floating processor in the GOA and as a catcher/ processor in the GOA during the same calendar year. (iii) Operate as a stationary floating processor in the GOA and as a CQE floating processor or mothership in the GOA during the same calendar year. (6) Parallel fisheries. Use a vessel des ignated or required to be designated on an FFP to directed fish for Pacific cod from waters adjacent to the GOA when Pacific cod caught by that vessel is de ducted from the Federal TAC specified under § 679.20(a)(12)(i)(A)(2) through (6) of this part for the Western GOA and § 679.20(a)(12)(i)(B)(2) through (7) of this part for the Central GOA unless: (i) That non-trawl vessel is des ignated on both: (A) An LLP license issued under § 679.4(k) of this part, unless that vessel is using jig gear and exempt from the LLP license requirement under § 679.4(k)(2)(iii) of this part. Each vessel required to have an LLP license must be designated with the following en dorsements: (1) The GOA area designation adja cent to the parallel waters fishery where the harvest occurred; and (2) A Pacific cod endorsement. (B) An FFP issued under § 679.4(b) of this part with the following endorse ments: (1) The GOA area designation; (2) An operational type designation; (3) A gear type endorsement; and (4) A Pacific cod gear type endorse ment. (ii) Or, that trawl vessel is designated on both: (A) An LLP license issued under § 679.4(k) of this part endorsed for trawl gear with the GOA area designation ad jacent to the parallel waters fishery where the harvest occurred, and (B) An FFP issued under § 679.4(b) of this part with the following endorse ments: (1) The GOA area designation; (2) An operational type designation; (3) A trawl gear type endorsement; and (4) A Pacific cod gear type endorse ment. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00653 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 644 50 CFR Ch. VI (10–1–22 Edition) § 679.7 (7) Parallel fishery closures. Use a ves sel designated or required to be des ignated on an FFP to catch and retain Pacific cod from waters adjacent to the GOA when Pacific cod caught by that vessel is deducted from the Federal TAC specified under § 679.20(a)(12)(i)(A)(2) through (6) of this part for the Western GOA and § 679.20(a)(12)(i)(B)(2) through (7) of this part for the Central GOA if directed fishing for Pacific cod is not open. (8) Prohibitions specific to salmon dis card in the Western and Central Report ing Areas of the GOA directed fisheries for groundfish. Fail to comply with any re quirements of § 679.21(h). (9) Conduct directed fishing for flat fish, as defined in § 679.2, with a vessel required to be federally permitted in the Central GOA Regulatory Area, as defined in Figure 3 to this part, with out meeting the requirements for modified nonpelagic trawl gear speci fied at § 679.24(f) and illustrated in Fig ures 25, 26, and 27 to this part. (c) Prohibitions specific to BSAI. (1) For vessel owners and operators sub ject to § 679.100(a), to use the vessel as a catcher/processor to conduct directed fishing for Pacific cod with hook-and line gear in the BSAI or to conduct groundfish CDQ fishing. (2) Prohibited species. Conduct any fishing contrary to a notification issued under § 679.21. (3) Parallel Pacific cod fisheries—par ticipation requirements. Use a vessel named or required to be named on an FFP to catch and retain Pacific cod from State of Alaska waters adjacent to the BSAI, when Pacific cod caught by that vessel is deducted from the Federal TAC specified under § 679.20(a)(7)(ii)(A)(2) through (9), un less: (i) That non-trawl vessel is des ignated on both: (A) An LLP license issued under § 679.4(k), unless that vessel is using jig gear and exempt from the LLP license requirement under § 679.4(k)(2)(iii). Each vessel required to have an LLP li cense must be designated with the fol lowing endorsements: (1) The BSAI area endorsement for the BSAI area adjacent to the parallel fishery where the harvest occurred; and (2) A BSAI catcher/processor Pacific cod hook-and-line endorsement, a BSAI catcher/processor Pacific cod pot en dorsement, or a BSAI Pacific cod catcher vessel endorsement if that catcher vessel is 60 feet or greater length overall; and (B) An FFP issued under § 679.4(b) with the following endorsements: (1) A catcher/processor or catcher vessel operation type endorsement; (2) A BSAI area endorsement; and (3) A pot or hook-and-line gear type endorsement. (ii) Or, that trawl vessel is designated on both: (A) An LLP license issued under § 679.4(k) endorsed for trawl gear with the BSAI area endorsement for the BSAI area adjacent to the parallel fish ery where the harvest occurred; and (B) An FFP issued under § 679.4(b) with the following endorsements: (1) The BSAI area endorsement; (2) An operational type endorsement; (3) A trawl gear type endorsement; and (4) A Pacific cod gear type endorse ment. (4) Parallel Pacific cod fisheries—clo sures. Use a vessel named or required to be named on an FFP to catch and re tain Pacific cod with trawl, pot, or hook-and-line gear from State of Alas ka waters adjacent to the BSAI when Pacific cod caught by that vessel is de ducted from the Federal TAC specified under § 679.20(a)(7)(ii)(A) for trawl, pot, or hook-and-line gear, if directed fish ing for Pacific cod is not open for the sector to which the vessel belongs in Federal waters. (5) Conduct directed fishing for flat fish as defined in § 679.2 with a vessel required to be federally permitted in any reporting area of the Bering Sea subarea as described in Figure 1 to this part without meeting the requirements for modified nonpelagic trawl gear specified in § 679.24(f). (6) For a shoreside processor des ignated on an FPP, or a mothership designated on an FFP, that processes landings of either CDQ Pacific cod or BSAI Pacific cod harvested by a vessel using trawl gear to fail to submit a timely and complete Pacific Cod Ex vessel Volume and Value Report as re quired under § 679.5(u)(1). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00654 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 645 Fishery Conservation and Management § 679.7 (d) CDQ. (1) Participate in a Western Alaska CDQ program in violation of this part. (2) Fail to submit, submit inaccurate information on, or intentionally sub mit false information on any report, application, or statement required under this part. (3) For a CDQ group, exceed a CDQ or a halibut PSQ. (4) Catch Accounting—(i) General. (A) For the operator of a catcher/processor using trawl gear or a mothership, to harvest or take deliveries of CDQ or PSQ species without a valid scale in spection report signed by an authorized scale inspector under § 679.28(b)(2) on board the vessel. (B) For the operator of a vessel re quired to have an observer sampling station described at § 679.28(d), to har vest or take deliveries of CDQ or PSQ species without a valid observer sam pling station inspection report issued by NMFS under § 679.28(d)(10) on board the vessel. (C) For the manager of a shoreside processor or stationary floating proc essor, or the manager or operator of a buying station or tender vessel that is required elsewhere in this part to weigh catch on a scale approved by the State of Alaska under § 679.28(c), to fail to weigh catch on a scale that meets the requirements of § 679.28(c). (D) For the operator of a catcher/ processor or a catcher vessel required to carry a level 2 observer, to combine catch from two or more CDQ groups in the same haul or set. (E) For the operator of a catcher ves sel using trawl gear or any vessel less than 60 ft (18.3 m) LOA that is ground fish CDQ fishing as defined at § 679.2, to discard any groundfish CDQ species or salmon PSQ before it is delivered to a processor, unless discard of the ground fish CDQ is required under other provi sions or, in waters within the State of Alaska, discard is required by laws of the State of Alaska. (F) For the operator of a vessel using trawl gear, to release CDQ catch from the codend before it is brought on board the vessel and weighed on a scale approved by NMFS under § 679.28(b) or delivered to a processor. This includes, but is not limited to, ‘‘codend dump ing’’ and ‘‘codend bleeding.’’ (G) For the operator of a catcher/ processor using trawl gear or a mothership, to sort, process, or discard CDQ or PSQ species before the total catch is weighed on a scale that meets the requirements of § 679.28(b), includ ing the daily test requirements de scribed at § 679.28(b)(3). (H) For the operator of a vessel fish ing on behalf of a CDQ group to retain more than the maximum retainable amount of pollock established under § 679.20(e) unless the pollock harvested by that vessel accrues against a CDQ group’s pollock CDQ allocation. (ii) Fixed gear sablefish. For any per son on a vessel using fixed gear that is fishing for a CDQ group with an alloca tion of fixed gear sablefish CDQ, to dis card sablefish harvested with fixed gear unless retention of sablefish is not au thorized under § 679.23(e)(4)(ii) or, in waters within the State of Alaska, dis card is required by laws of the State of Alaska. (5) Prohibited species catch—(i) Crab— (A) Zone 1. For the operator of a vessel, to use trawl gear to harvest groundfish CDQ in Zone 1 after the CDQ group’s red king crab PSQ or C. bairdi Tanner crab PSQ in Zone 1 is attained. (B) Zone 2. For the operator of a ves sel, to use trawl gear to harvest groundfish CDQ in Zone 2 after the CDQ group’s PSQ for C. bairdi Tanner crab in Zone 2 is attained. (C) COBLZ. For the operator of a ves sel, to use trawl gear to harvest groundfish CDQ in the C. opilio Bycatch Limitation Zone after the CDQ group’s PSQ for C. opilio Tanner crab is at tained. (ii) Salmon—(A) Discard of salmon. For any person, to discard salmon from a catcher vessel, catcher/processor, mothership, shoreside processor, or SFP or transfer or process any salmon under the PSD Program at § 679.26, if the salmon were taken incidental to a directed fishery for pollock CDQ in the Bering Sea, until the number of salmon has been determined by an observer and the collection of scientific data or biological samples from the salmon has been completed. (B) Non-Chinook salmon. For the oper ator of a vessel, to use trawl gear to harvest pollock CDQ in the Chum VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00655 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 646 50 CFR Ch. VI (10–1–22 Edition) § 679.7 Salmon Savings Area between Sep tember 1 and October 14 after the CDQ group’s non-Chinook salmon PSQ is at tained, unless the vessel is partici pating in an approved IPA under § 679.21(f)(12). (C) Chinook salmon—(1) Overages of Chinook salmon PSC allocations. For a CDQ group, to exceed a Chinook salm on PSC allocation issued under § 679.21(f) as of June 25 for the A season allocation and as of December 1 for the B season allocation. (2) For the operator of a catcher ves sel or catcher/processor, to start a new fishing trip for pollock CDQ in the BS in the A season or in the B season, if the CDQ group for which the vessel is fishing has exceeded its Chinook salm on PSC allocation issued under § 679.21(f) for that season. (3) For the operator of a catcher/proc essor or mothership, to catch or proc ess pollock CDQ in the BS without complying with the applicable require ments of § 679.28(j). (4) For the operator of a catcher/proc essor or a mothership, to begin sorting catch from a haul from a directed fish ery for pollock CDQ in the BS before the observer has completed counting the salmon and collecting scientific data or biological samples from the previous haul. (5) For the operator of a catcher ves sel delivering pollock CDQ catch to a shoreside processor or stationary float ing processor to: (i) Deliver pollock CDQ to a processor that does not have a catch monitoring and control plan approved under § 679.28(g). (ii) Handle, sort, or discard catch without notifying the observer 15 min utes prior to handling, sorting, or dis carding catch as described in § 679.21(f)(15)(ii)(B)(2). (iii) Fail to secure catch after the completion of catch handling and the collection of scientific data and bio logical samples as described in § 679.21(f)(15)(ii)(B)(3). (6) For the manager of a shoreside processor or stationary floating proc essor, to begin sorting a pollock CDQ offload before the observer has com pleted the count of salmon and the col lection of scientific data or biological samples from the previous offload. (6) For a CDQ group, exceed a sea sonal allowance of Pacific cod under § 679.20(a)(7)(i)(B). (7) For a CDQ group, exceed a sea sonal allowance of Atka mackerel under § 679.20(a)(8)(ii). (8) Fail to submit a timely and com plete CDQ cost recovery fee submission form and fee as required under § 679.33. (9) For an operator of a catcher ves sel greater than 32 ft (9.8 m) LOA and less than or equal to 46 ft (14.0 m) LOA using hook-and-line gear and that is registered by a CDQ group under § 679.5(m), to conduct groundfish CDQ fishing without a legible copy of the LLP exemption letter issued to a CDQ group for that vessel on board the ves sel. (10) For a CDQ group representative, to remove a vessel from the CDQ vessel registration list under § 679.5(m)(4) without first providing notice to the operator of the registered vessel that the vessel is being removed from the CDQ vessel registration list or when the vessel operator is groundfish CDQ fishing. (e) Halibut Deck Sorting. (1) Conduct halibut deck sorting without notifying the observer at least 15 minutes prior to bringing fish onboard as described in § 679.120(e)(2). (2) For any haul for which the notifi cation at § 679.120(e)(2) is provided, allow fish to be spilled from the codend without an observer being present to monitor halibut deck sorting. (3) Sort halibut from the catch prior to weighing except in compliance with requirements at § 679.120. (4) Sort halibut on deck without an observer present to monitor halibut deck sorting. (5) Discard halibut sorted on deck prior to the observer’s completion of data collection for each halibut. (6) Sort or discard any species other than halibut during halibut deck sort ing. (7) Conduct halibut deck sorting past the time limit set by NMFS in the ves sel’s Observer Sampling Station In spection Report. (8) Conduct halibut deck sorting without complying with the observer deck sampling station requirements at § 679.28(d)(9). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00656 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 647 Fishery Conservation and Management § 679.7 (9) Fail to have an approved Deck Safety Plan before conducting halibut deck sorting. (10) Fail to notify the Observer Pro gram for purposes of the pre-cruise meeting when required by § 679.120(c). (11) Weigh catch on a NMFS-approved scale that complies with the require ments at § 679.28(b) when halibut deck sorting unless three or more observers are present on the vessel and an ob server has been notified and is avail able to complete data collection duties in the factory. (12) Sort halibut without a video monitoring system meeting require ments at § 679.28(l). (13) Fail to comply with any other re quirement or restriction specified in this part or violate any provision of this part. (f) IFQ fisheries. (1) Fail to submit, or submit inaccurate information on, any report, application, or statement re quired under this part. (2) Intentionally submit false infor mation on any report, application, or statement required under this part. (3)(i) Halibut. (A) Retain halibut caught with fixed gear without a valid IFQ permit, and if using a hired mas ter, without an IFQ hired master per mit in the name of an individual aboard. (B) Retain halibut caught with fixed gear without a valid CDQ permit and without a CDQ hired master permit in the name of an individual aboard. (C) Use fixed gear to retain RFQ hal ibut. (ii) Sablefish. Retain sablefish caught with fixed gear without a valid IFQ permit, and if using a hired master, without an IFQ hired master permit in the name of an individual aboard, un less fishing on behalf of a CDQ group. (4) Except as provided in § 679.40(d), retain IFQ or CDQ halibut or IFQ or CDQ sablefish on a vessel in excess of the total amount of unharvested IFQ or CDQ, applicable to the vessel cat egory and IFQ or CDQ regulatory area(s) in which the vessel is deploying fixed gear, and that is currently held by all IFQ or CDQ permit holders aboard the vessel, unless the vessel has an observer aboard under subpart E of this part or the vessel participates in the EM selection pool and complies with the requirements at § 679.51(f), and maintains the applicable daily fishing log prescribed in the annual manage ment measures published in the FED ERAL REGISTER pursuant to § 300.62 of this title and § 679.5. (5) Possess, buy, sell, or transport IFQ or CDQ halibut or IFQ sablefish harvested or landed in violation of any provision of this part. (6) Landing. (i) IFQ permit or IFQ hired master permit. Make an IFQ landing without an IFQ permit or IFQ hired master permit, as appropriate, in the name of the individual making the landing. (ii) Hired master, CDQ halibut. Make a CDQ halibut landing without a CDQ hired master permit listing the name of the hired master. (7) Possess on a vessel or land IFQ sa blefish concurrently with non-IFQ sa blefish, except that CDQ sablefish may be possessed on a vessel and landed concurrently with IFQ sablefish. (8) Discard: (i) In the GOA: (A) [Reserved] (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board unless Pacific cod are required to be discarded under subpart B of this part, or Pacific cod are not authorized to be retained under subpart A of this part. (ii) In the BSAI: (A) [Reserved] (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board according to the following table: If the vessel operator . . . Then . . . (1) has an LLP groundfish license with a Pacific cod endorsement that meets the requirements of § 679.4(k)(9). Pacific cod must not be dis carded unless Pacific cod are required to be discarded under subpart B of this part, or Pacific cod are not author ized to be retained under subpart A of this part. (2) does not have an LLP groundfish license with a Pacific cod endorsement that meets the require ments of § 679.4(k)(9). Pacific cod must not be dis carded up to the retainable amount specified in Table 11 of this part unless Pacific cod are required to be discarded under subpart B of this part, or Pacific cod are not author ized to be retained under subpart A of this part. (iii) In the waters within the State of Alaska: (A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00657 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 648 50 CFR Ch. VI (10–1–22 Edition) § 679.7 board unless rockfish are required to be discarded by the laws of the State of Alaska. (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are on board unless Pacific cod are required to be discarded by the laws of the State of Alaska. (9) Harvest on any vessel more IFQ halibut or IFQ sablefish than are au thorized under § 679.42. (10) Make an IFQ halibut, IFQ sable fish, or CDQ halibut landing other than directly to (or by) a registered buyer. (11) Discard halibut or sablefish caught with fixed gear from any catch er vessel when any IFQ permit holder aboard holds unused halibut or sable fish IFQ for that vessel category and the IFQ regulatory area in which the vessel is operating, unless: (i) Discard of halibut is required as prescribed in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of chapter III of this title; (ii) Discard of sablefish is required under § 679.20 or, in waters within the State of Alaska, discard of sablefish is required under laws of the State of Alaska; or (iii) Discard of halibut or sablefish is required under other provisions. (12) Commence an IFQ landing with out a Prior Notice of Landing (PNOL), before the date and time stated on the PNOL, or more than 2 hours after the date and time stated on the PNOL, ex cept as provided in § 679.5(l)(1). (13) [Reserved] (14) Violate any other provision under this part. (15) Hire a master to fish for IFQ hal ibut or IFQ sablefish that is derived from QS held by a CQE. (16) Process IFQ halibut or IFQ sable fish onboard a vessel on which a person is using IFQ derived from QS held by a CQE. (17) Deploy, conduct fishing with, or retrieve longline pot gear in the GOA before the start or after the end of the IFQ sablefish fishing period specified in § 679.23(g)(1). (18) Deploy, conduct fishing with, re trieve, or retain IFQ sablefish or IFQ halibut from longline pot gear in the GOA: (i) In excess of the pot limits speci fied in § 679.42(l)(5)(ii); or (ii) [Reserved] (19) [Reserved] (20) Deploy longline pot gear to fish IFQ sablefish in the GOA without marking the gear in accordance with § 679.24(a). (21) Fail to retrieve and remove from the fishing grounds all deployed longline pot gear that is assigned to, and used by, a catcher vessel to fish IFQ sablefish in the Southeast Outside District of the GOA when the vessel makes an IFQ landing. (22) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to, and used by, a catcher/processor within five days of deploying the gear to fish IFQ sablefish in the Southeast Outside District of the GOA. (23) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to, and used by, a catcher vessel or a catcher/processor within five days of deploying the gear to fish IFQ sablefish in the West Yakutat District of the GOA and the Central GOA regulatory area. (24) Fail to redeploy or remove from the fishing grounds all deployed longline pot gear that is assigned to, and used by, a catcher vessel or a catcher/processor within seven days of deploying the gear to fish IFQ sablefish in the Western GOA regulatory area. (25) Operate a catcher vessel or a catcher/processor using longline pot gear to fish IFQ sablefish or IFQ hal ibut in the GOA and fail to use func tioning VMS equipment as required in § 679.42(k)(2). (26) Operate a catcher vessel or a catcher/processor using pot gear to fish for IFQ or CDQ halibut or IFQ or CDQ sablefish in the BSAI and fail to use functioning VMS equipment as re quired in § 679.42(m). (g) North Pacific Observer Program— Observers. (1) Forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an ob server. (2) Interfere with or bias the sam pling procedure employed by an ob server, including physical, mechanical, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00658 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 649 Fishery Conservation and Management § 679.7 or other sorting or discarding of catch before sampling. (3) Tamper with, destroy, or discard an observer’s collected samples, equip ment, records, photographic film, pa pers, or personal effects without the express consent of the observer. (4) Prohibit or bar by command, im pediment, threat, coercion, or by re fusal of reasonable assistance, an ob server from collecting samples, con ducting product recovery rate deter minations, making observations, or otherwise performing the observer’s duties. (5) Harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer’s work performance, or otherwise creates an intimidating, hos tile, or offensive environment. In de termining whether conduct constitutes harassment, the totality of the cir cumstances, including the nature of the conduct and the context in which it occurred, will be considered. The deter mination of the legality of a particular action will be made from the facts on a case-by-case basis. (6) Fish for or process fish without observer coverage required under sub part E of this part. (7) Embark on a fishing trip to di rected fish for groundfish or to fish for halibut with hook-and-line gear with out carrying an observer if the fishing trip is selected for observer coverage per § 679.51(a)(1)(ii)(C)(2), or the vessel is selected for observer coverage per § 679.51(a)(1)(ii)(D). (8) Require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members, including, but not limited to, cooking, washing dishes, standing watch, vessel maintenance, assisting with the set ting or retrieval of gear, or any duties associated with the processing of fish, from sorting the catch to the storage of the finished product. (h) Salmon fisheries. (1) Engage in commercial fishing for salmon using any gear except troll gear, defined at § 679.2, in the East Area of the Salmon Management Area, defined at § 679.2 and Figure 23 to this part. (2) Engage in commercial fishing for salmon in the West Area of the Salmon Management Area, defined at § 679.2 and Figure 23 to this part. (i) License Limitation Program—(1) Number of licenses. (i) Hold more than 10 groundfish licenses in the name of that person at any time, except as provided in paragraphs (i)(1)(iii) and (i)(1)(v) of this section; (ii) Hold more than five crab species licenses in the name of that person at any time, except as provided in para graph (i)(1)(iii) of this section; or (iii) Hold more licenses than allowed in paragraphs (i)(1)(i) and (i)(1)(ii) of this section unless those licenses were issued to that person in the initial dis tribution of licenses. Any person who receives in the initial distribution more licenses than allowed in para graphs (i)(1)(i) and (i)(1)(ii) of this sec tion shall have no transfer applications for receipt of additional licenses ap proved until the number of licenses in the name of that person is less than the numbers specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this section; fur thermore, when a person becomes eligi ble to receive licenses by transfer through the provisions of this para graph, that person is subject to the provisions in paragraphs (i)(1)(i) and (i)(1)(ii) of this section; (iv) Hold more than two scallop li censes in the name of that person at any time. (v) The CQE representing the City of Sand Point may not hold more than 14 groundfish licenses. (2) Conduct directed fishing for li cense limitation groundfish without a legible copy of a valid groundfish li cense, except as provided in § 679.4(k)(2); (3) Conduct directed fishing for LLP crab species without a legible copy of a valid crab license, except as provided in § 679.4(k)(2); (4) Process license limitation ground fish on board a vessel without a legible copy of a valid groundfish license with a catcher/processor designation; (5) Process LLP crab species on board a vessel without a legible copy of a valid crab species LLP license with a catcher/processor designation; (6) Use a vessel to fish for LLP groundfish or crab species, or allow a vessel to be used to fish for LLP groundfish or crab species, that has an VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00659 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 650 50 CFR Ch. VI (10–1–22 Edition) § 679.7 LOA that exceeds the MLOA specified on the license that authorizes fishing for LLP groundfish or crab species, ex cept if the person is using the vessel to fish for LLP groundfish in the Bering Sea subarea or the Aleutian Islands subarea pursuant to an LLP license that specifies an exemption from the MLOA on the LLP license. (7) Lease a groundfish, crab species, or scallop license; or (8) Catch and retain scallops: (i) Without a copy of a valid scallop license on board; (ii) Using a vessel with a MLOA greater than that specified on the scal lop license; or (iii) Using dredge gear contrary to a gear limitation specified on the scallop license. (9) Use a vessel to fish for LLP groundfish or crab species, or allow a vessel to be used to fish for LLP groundfish or crab species, other than the vessel named on the license that authorizes fishing for LLP groundfish or crab species. (10) Operate a vessel under the au thority of an LLP license issued to a CQE to directed fish for Pacific cod in the GOA if the person specified for that groundfish license in the annual CQE authorization letter, or any subsequent amendment to that authorization let ter, is not onboard the vessel. (11) Prohibitions specific to the BSAI Trawl Limited Access Sector yellowfin sole directed fishery. Deliver yellowfin sole harvested with trawl gear in the BSAI Trawl Limited Access Sector yellowfin sole directed fishery to a mothership without a legible copy of a valid groundfish LLP license with a BSAI Trawl Limited Access Sector yellowfin sole directed fishery endorsement, ex cept as provided in § 679.4(k)(2). (12) Prohibitions specific to directed fishing in the BSAI non-CDQ Pacific cod trawl catcher vessel fishery as specified at § 679.20(a)(7)(ii)(A). Use a catcher/proc essor to receive and process Pacific cod harvested and delivered by a catcher vessel directed fishing in the BSAI non CDQ Pacific cod trawl catcher vessel fishery without a legible copy on board of a valid groundfish LLP license with Bering Sea or Aleutian Islands area, catcher/processor operation, and BSAI Pacific cod trawl mothership endorse ments. (j) North Pacific Observer Program— EM Systems. (1) Fish without an EM system when a vessel is required to carry an EM system under § 679.51(f). (2) Fish with an EM system without a copy of a valid NMFS-approved VMP on board when directed fishing in a fishery subject to EM coverage. (3) Fail to comply with a NMFS-ap proved VMP. (4) Fail to conduct a function test prior to departing port on a fishing trip as required at § 679.51(f)(5)(vi)(A). (5) Depart on a fishing trip selected for EM coverage without a functional EM system, unless procedures at § 679.51(f)(5)(vi)(A)(1) and § 679.51(f)(5)(vi)(A)(2) have been fol lowed. (6) Fail to follow procedures at § 679.51(f)(5)(vi)(B) prior to each set on a fishing trip selected for EM coverage. (7) Fail to make the EM system, as sociated equipment, logbooks, and other records available for inspection upon request by NMFS, OLE, or other NMFS-authorized officer. (8) Fail to submit a video data stor age device as specified under § 679.51(f)(5)(vii). (9) Tamper with, bias, disconnect, damage, destroy, alter, or in any other way distort, render useless, inoper ative, ineffective, or inaccurate any component of the EM system, associ ated equipment, or data recorded by the EM system when the vessel is di rected fishing in a fishery subject to EM coverage, unless the vessel oper ator is directed to make changes to the EM system by NMFS, the EM service provider, or as directed in the trouble shooting guide of the VMP. (10) Assault, impede, intimidate, har ass, sexually harass, bribe, or interfere with an EM service provider. (11) Interfere or bias the sampling procedure employed in the EM selec tion pool, including either mechani cally or manually sorting or discarding catch outside of the camera view or in consistent with the NMFS-approved VMP. (12) Fail to meet vessel owner and op erator responsibilities specified at § 679.51(f)(5). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00660 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 651 Fishery Conservation and Management § 679.7 (k) Prohibitions specific to the AFA. It is unlawful for any person to do any of the following: (1) Catcher/processors—(i) Permit re quirement. Use a catcher/processor to engage in directed fishing for non-CDQ BSAI pollock without a valid AFA catcher/processor permit on board the vessel. (ii) Fishing in the GOA. Use a listed AFA catcher/processor or a catcher/ processor designated on a listed AFA catcher/processor permit to harvest any species of fish in the GOA. (iii) Processing BSAI crab. Use a listed AFA catcher/processor or a catcher/ processor designated on a listed AFA catcher/processor permit to process any crab species harvested in the BSAI. (iv) Processing GOA groundfish. (A) Use a listed AFA catcher/processor or a catcher/processor designated on a list ed AFA catcher/processor permit to process any pollock harvested in a di rected pollock fishery in the GOA and any groundfish harvested in Statistical Area 630 of the GOA. (B) Use a listed AFA catcher/proc essor or a catcher/processor designated on a listed AFA catcher/processor per mit as a stationary floating processor for Pacific cod in the GOA and a catch er/processor in the GOA during the same year. (v) Directed fishing after a sideboard closure. Use a listed AFA catcher/proc essor or a catcher/processor designated on a listed AFA catcher/processor per mit to engage in directed fishing for a groundfish species or species group in the BSAI after the Regional Adminis trator has issued an AFA catcher/proc essor sideboard directed fishing closure for that groundfish species or species group under §§ 679.20(d)(1)(iv), 679.21(b)(4)(iii), or 679.21(e)(3)(v). (vi) Catch weighing—(A) Listed AFA catcher/processors and catcher/processors designated on listed AFA catcher/proc essor permits. Process any groundfish that was not weighed on a NMFS-ap proved scale that complies with the re quirements of § 679.28(b). Catch may not be sorted before it is weighed and each haul must be sampled by an observer for species composition. (B) Unlisted AFA catcher/processors and catcher/processors designated on un listed AFA catcher/processor permits. Process groundfish harvested in the BSAI pollock fishery that was not weighed on a NMFS-approved scale that complies with the requirements of § 679.28(b). Catch may not be sorted be fore it is weighed and each haul must be sampled by an observer for species composition. (vii) Observer sampling station—(A) Listed AFA catcher/processors and catch er/processors designated on listed AFA catcher/processor permits. Process any groundfish without an observer sam pling station as described at § 679.28(d). A valid observer sampling station in spection report must be on board at all times when an observer sampling sta tion is required. (B) Unlisted AFA catcher/processors and catcher/processors designated on un listed AFA catcher/processor permits. Process groundfish harvested in the BSAI pollock fishery without an ob server sampling station as described at § 679.28(d). A valid observer sampling station inspection report must be on board at all times when an observer sampling station is required. (2) Motherships—(i) Permit requirement. Use a mothership to process pollock harvested in a non-CDQ directed fish ery for pollock in the BSAI without a valid AFA permit on board the mothership. (ii) Processing GOA groundfish. Use an AFA mothership as a stationary float ing processor for Pacific cod in the GOA and a mothership in the GOA dur ing the same year. (iii) Catch weighing. Process any groundfish that was not weighed on a NMFS-approved scale that complies with the requirements of § 679.28(b). Catch may not be sorted before it is weighed and each delivery must be sampled by an observer for species composition. (iv) Observer sampling station. Process any groundfish without an observer sampling station as described at § 679.28(d). A valid observer sampling station inspection report must be on board at all times when an observer sampling station is required. (3) AFA inshore processors—(i) Permit requirement. Use a shoreside processor or stationary floating processor to process pollock harvested in a non-CDQ directed fishery for pollock in the BS VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00661 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 652 50 CFR Ch. VI (10–1–22 Edition) § 679.7 without a valid AFA inshore processor permit at the facility or on board ves sel. (ii) Cooperative processing endorsement. Use a shoreside processor or stationary floating processor required to have an AFA inshore processor permit to proc ess groundfish harvested by a fishery cooperative formed under § 679.62 unless the AFA inshore processor permit con tains a valid cooperative pollock proc essing endorsement. (iii) [Reserved] (iv) Single geographic location require ment. Use an AFA inshore processor to process pollock harvested in the BS di rected pollock fishery at a location other than the single geographic loca tion defined as follows: (A) Shoreside processors. The physical location at which the land-based shore side processor first processed BS pol lock harvested in the BS directed pol lock fishery during a fishing year. (B) Stationary floating processor (SFP). A geographic position within State of Alaska waters of the BS subarea and that is within a 5 nm radius of the lati tude and longitude reported in the check-in and check-out reports at § 679.5(h)(5)(ix)(B). An AFA SFP cannot change its single geographic location more than four times within State of Alaska waters in the BS subarea to process pollock harvested in a BS sub area directed pollock fishery during a fishing year and cannot use more than one single geographic location during a reporting week. (v) Catch weighing. Process any groundfish that was not weighed on a scale approved by the State of Alaska and meeting the requirements specified in § 679.28(c). (vi) Catch monitoring and control plan (CMCP). (A) Take deliveries or process groundfish delivered by a vessel en gaged in directed fishing for BSAI pol lock without following an approved CMCP as described at § 679.28(g). A copy of the CMCP must be maintained on the premises and made available to au thorized officers or NMFS-authorized personnel upon request. (B) Allow sorting of fish at any loca tion in the processing plant other than those identified in the CMCP under § 678.28(g)(7). (C) Allow salmon of any species to pass beyond the last point where sort ing of fish occurs, as identified in the scale drawing of the processing plant in the approved CMCP. (vii) Restrictions for GOA Pacific cod and GOA pollock. Use an AFA SFP to process GOA pollock or GOA Pacific cod in any location other than the lo cation at which either GOA pollock or GOA Pacific cod were first processed by that SFP in the year 2002. (4) Catcher vessels—(i) Permit require ment. Use a catcher vessel to engage in directed fishing for non-CDQ BS pol lock for delivery to any AFA proc essing sector (catcher/processor, mothership, or inshore) unless the ves sel has a valid AFA catcher vessel per mit on board that includes an endorse ment for the sector of the BS pollock fishery in which the vessel is partici pating. (ii) [Reserved] (iii) Groundfish sideboard closures. Use an AFA catcher vessel to engage in di rected fishing for a groundfish species or species group in the BSAI or GOA after the Regional Administrator has issued an AFA catcher vessel sideboard directed fishing closure for that groundfish species or species group under §§ 679.20(d)(1)(iv), 679.21(b)(4)(iii), or 679.21(e)(3)(iv), if the vessel’s AFA permit does not contain a sideboard ex emption for that groundfish species or species group. (5) AFA inshore fishery cooperatives— (i) Overages by vessel. Use an AFA catcher vessel listed on an AFA inshore cooperative fishing permit, or under contract to a fishery cooperative under § 679.62(c), to harvest non-CDQ BS pol lock in excess of the fishery coopera tive’s annual allocation of pollock specified under § 679.62. (ii) Overages by fishery cooperative. An inshore pollock fishery cooperative is prohibited from exceeding its annual allocation of BS pollock TAC. (6) Excessive harvesting shares. It is unlawful for an AFA entity or a CDQ group to harvest, through a fishery co operative or otherwise, an amount of BS pollock that exceeds the 17.5 per cent excessive share limit specified under § 679.20(a)(5)(i)(A)(6). A CDQ group’s harvest of BS pollock will be calculated through its proportional VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00662 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 653 Fishery Conservation and Management § 679.7 ownership of individuals, corporations, or other business concerns that harvest BS pollock. The owners and operators of the individual vessels comprising the AFA entity or CDQ group that har vest BS pollock will be held jointly and severally liable for exceeding the ex cessive harvesting share limit. (7) Excessive processing shares. It is un lawful for an AFA entity or a CDQ group to process an amount of BS pol lock that exceeds the 30-percent exces sive share limit specified under § 679.20(a)(5)(i)(A)(7). The amount of BS pollock processed by a CDQ group will be calculated through its proportional ownership of individuals, corporations, or other business concerns that process BS pollock. The owners and operators of the individual processors comprising the AFA entity or CDQ group that process BS pollock will be held jointly and severally liable for exceeding the excessive processing share limit. (8) Salmon PSC—(i) Discard of salmon. For any person, to discard any salmon from a catcher vessel, catcher/proc essor, mothership, or inshore proc essor, or transfer or process any salm on under the PSD Program at § 679.26, if the salmon were taken incidental to a directed fishery for pollock in the BS before the number of salmon has been determined by an observer and the col lection of scientific data or biological samples from the salmon has been completed. (ii) Catcher/processors and motherships. For the operator of a catcher/processor or a mothership, to begin sorting catch from a haul from a directed fishery for pollock in the BS before the observer has completed counting the salmon and collecting scientific data or biological samples from the previous haul. (iii) Shoreside processors and stationary floating processors. For the manager of a shoreside processor or stationary float ing processor to begin sorting a new BS pollock offload before the observer has completed the count of salmon and the collection of scientific data or biologi cal samples from the previous offload. (iv) Catcher vessels. (A) For the oper ator of a catcher vessel, to handle, sort, or discard catch without noti fying the observer 15 minutes prior to handling, sorting, or discarding catch as described in § 679.21(f)(15)(ii)(B)(2). (B) For the operator of a catcher ves sel to fail to secure catch after the completion of catch handling and the collection of scientific data and bio logical samples as described in § 679.21(f)(15)(ii)(B)(3). (v) Overages of Chinook salmon PSC al locations—(A) For an inshore coopera tive, the entity representing the AFA catcher/processor sector, or the entity representing the AFA mothership sec tor, to exceed a Chinook salmon PSC allocation issued under § 679.21(f) as of June 25 for the A season allocation and as of December 1 for the B season allo cation. (B) For a catcher vessel or catcher/ processor, to start a fishing trip for pollock in the BS in the A season or in the B season if the vessel is fishing under a transferable Chinook salmon PSC allocation issued to an inshore co operative, the entity representing the AFA catcher/processor sector, or the entity representing the AFA mothership sector under § 679.21(f) and the inshore cooperative or entity has exceeded its Chinook salmon PSC allo cation for that season. (9) Fail to submit a timely and com plete AFA cost recovery fee submission form and fee as required under § 679.66. (l) Prohibitions specific to the AI di rected pollock fishery—(1) Catcher/proc essors. (i) Use a catcher/processor vessel to harvest pollock in the AI directed pollock fishery or process pollock har vested in the AI directed pollock fish ery without a copy of NMFS’ approval letter on board pursuant to § 679.4(m). (ii) Process any pollock harvested in the AI directed pollock fishery without complying with catch weighing and ob server sampling station requirements set forth at paragraphs (k)(1)(vi) and (k)(1)(vii) of this section, respectively. (iii) Use a catcher/processor to har vest pollock in the AI directed pollock fishery or process pollock harvested in the AI directed pollock fishery without a valid AFA catcher/processor permit on board the vessel. (2) Motherships. (i) Use a mothership to process pollock harvested in the AI directed pollock fishery without a copy of NMFS’ approval letter on board pur suant to § 679.4(m). (ii) Process any pollock harvested in the AI directed pollock fishery without VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00663 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 654 50 CFR Ch. VI (10–1–22 Edition) § 679.7 complying with catch weighing and ob server sampling station requirements set forth at paragraphs (k)(2)(iii) and (k)(2)(iv) of this section, respectively. (iii) Use a mothership to process pol lock harvested in the AI directed pol lock fishery without a valid AFA mothership permit on board the vessel. (3) Shoreside and stationary floating processors. (i) Use a shoreside proc essor or stationary floating processor to process pollock harvested in the in AI directed pollock fishery without a copy of NMFS’ approval letter on loca tion pursuant to § 679.4(m). (ii) Process any pollock harvested in the AI directed pollock fishery without complying with catch weighing re quirements set forth at paragraph (k)(3)(v) of this section. (iii) Take deliveries of pollock har vested in the AI directed pollock fish ery or process pollock harvested in the AI pollock fishery without following an approved CMCP as described in § 679.28(g). A copy of the CMCP must be maintained on the premises and made available to authorized officers or NMFS-authorized personnel upon re quest. (4) Catcher vessels. (i) Use a catcher vessel to harvest pollock in the AI di rected pollock fishery without a copy of NMFS’ approval letter on board pur suant to § 679.4(m). (ii) Have on board at any one time pollock harvested in the AI directed pollock fishery and pollock harvested from either the Bering Sea subarea or the Gulf of Alaska. (iii) Use a catcher vessel to deliver pollock harvested in the AI directed pollock fishery: (A) To a shoreside or stationary floating processor that does not have an approved CMCP pursuant to § 679.28(g) and is not approved by NMFS to process pollock harvested in the AI directed pollock fishery, or (B) To a catcher/processor or mothership that is not approved by NMFS to process pollock harvested in the AI directed pollock fishery. (iv) Use a catcher vessel greater than 60 ft (18.3 m) LOA to harvest pollock in the AI directed pollock fishery unless the vessel has a valid AFA catcher ves sel permit on board. (5) AI directed pollock fishery overages. (i) Use a catcher vessel selected by the Aleut Corporation and approved by NMFS to participate in the AI directed pollock fishery under § 679.4(m) to har vest pollock in the AI directed pollock fishery in excess of the Aleut Corpora tion’s annual or seasonal allocations of pollock or in excess of the vessel allo cation specified under § 679.20(a)(5)(iii). (ii) The Aleut Corporation is prohib ited from exceeding its annual and sea sonal allocations of AI pollock TAC or from exceeding the allocation to ves sels, as specified in § 679.20(a)(5)(iii). (6) Fail to submit a timely and com plete Aleutian Islands pollock cost re covery fee submission form and fee as required under § 679.67. (m) [Reserved] (n) Rockfish Program—(1) General. (i) Use an LLP license assigned to a rock fish cooperative in any rockfish coop erative other than the rockfish cooper ative to which that LLP license was initially assigned for that fishing year. (ii) Use an LLP license that was ex cluded from the Rockfish Program or that opted out of the Rockfish Pro gram in any rockfish cooperative for that calendar year. (iii) Operate a vessel assigned to a rockfish cooperative in any rockfish cooperative other than the rockfish co operative to which that vessel was ini tially assigned for that fishing year. (2) Vessels operators participating in the Rockfish Program. (i) Operate a vessel that is assigned to a rockfish coopera tive and fishing under a CQ permit and fail to follow the catch monitoring re quirements detailed in § 679.84(c) through (e). (ii) Operate a vessel that is subject to a sideboard limit detailed in § 679.82(e), as applicable, and fail to follow the catch monitoring requirements de tailed in § 679.84(c) from July 1 until July 31, if that vessel is harvesting fish in the West Yakutat District, Central GOA, or Western GOA management areas. (iii) Operate a catcher/processor opt out vessel, under § 679.81(e)(2), that is subject to sideboard provisions detailed in § 679.82(e) and (f), as applicable, and fail to follow the catch monitoring re quirements detailed in § 679.84(d) from July 1 until July 31, if that vessel is VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00664 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 655 Fishery Conservation and Management § 679.7 harvesting fish in the West Yakutat District, Central GOA, or Western GOA management areas. (3) VMS. (i) Operate a vessel that is assigned to a rockfish cooperative and fail to use functioning VMS equipment as described at § 679.28(f) at all times when operating in a reporting area off Alaska from May 1: (A) Until November 15; or (B) Until that rockfish cooperative has submitted a rockfish cooperative termination of fishing declaration that has been approved by NMFS. (ii) Operate a vessel that is subject to a sideboard limit detailed in § 679.82(e) and fail to use functioning VMS equip ment as described in § 679.28(f) at all times when operating in a reporting area off Alaska from July 1 until July 31. (4) Catcher/processor vessels that opt out. Operate a vessel that has opted-out of participating in a rockfish coopera tive to directed fish for northern rock fish, Pacific ocean perch, or pelagic shelf rockfish in the Central GOA. (5) Rockfish processors. (i) Take deliv eries of, or process, groundfish har vested by a catcher vessel fishing under the authority of a rockfish CQ permit unless operating as a shoreside proc essor. (ii) Process any groundfish delivered by a catcher vessel fishing under the authority of a CQ permit not weighed on a scale approved by the State of Alaska. The scale must meet the re quirements specified in § 679.28(c). (iii) Take deliveries of, or process, groundfish caught by a vessel fishing under the authority of a rockfish CQ permit without following an approved CMCP as described in § 679.28(g). A copy of the CMCP must be maintained at the facility and made available to au thorized officers or NMFS-authorized personnel upon request. (iv) Take deliveries of, or process, groundfish harvested by a catcher ves sel fishing under the authority of a rockfish CQ permit outside of the geo graphic boundaries of the City of Ko diak as those boundaries are estab lished by the State of Alaska on De cember 27, 2011. (v) Fail to submit a timely and com plete Rockfish Ex-vessel Volume and Value Report as required under § 679.5(r)(10) (6) Rockfish cooperatives. (i) Fail to re tain any rockfish primary species or rockfish secondary species caught by a vessel when that vessel is fishing under the authority of a CQ permit. (ii) Harvest rockfish primary species, rockfish secondary species, or use hal ibut PSC assigned to a rockfish cooper ative in the Central GOA without a valid CQ permit. (iii) Begin a fishing trip for any Rockfish Program species with any vessel assigned to a rockfish coopera tive if the total amount of unharvested CQ that is currently held by that rock fish cooperative is zero or less for any species for which CQ is assigned. (iv) Exceed a rockfish sideboard limit assigned to a rockfish cooperative in the catcher/processor sector. (v) Operate a vessel assigned to a rockfish cooperative to fish under a CQ permit unless the rockfish cooperative has notified NMFS that the vessel is fishing under a CQ permit as described under § 679.5(r)(8). (vi) Operate a vessel fishing under the authority of a CQ permit in the catcher vessel sector and to have any Pacific ocean perch, pelagic shelf rock fish, northern rockfish, sablefish, Pa cific cod, or thornyhead rockfish aboard the vessel unless those fish were harvested under the authority of a CQ permit. (vii) Catch and process onboard a ves sel any rockfish primary species or rockfish secondary species harvested under the authority of a CQ permit issued to the catcher vessel sector. (viii) Have a negative balance in a CQ account for any species for which CQ is assigned after the end of the calendar year for which a CQ permit was issued. (ix) Deliver rockfish primary species and rockfish secondary species har vested under the authority of a CQ per mit to any processor other than a shoreside processor located within the geographic boundaries of the City of Kodiak as those boundaries are estab lished by the State of Alaska on De cember 27, 2011. (x) Fail to submit a timely and com plete rockfish CQ cost recovery fee sub mission form as required under § 679.5(r)(9). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00665 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 656 50 CFR Ch. VI (10–1–22 Edition) § 679.7 (7) Use caps. Exceed the use caps that apply under § 679.82(a). (8) Rockfish entry level longline fishery. (i) Take deliveries of, or process, groundfish caught by a catcher vessel directed fishing in the rockfish entry level longline fishery unless operating as a shoreside processor. (ii) Deliver groundfish caught by a catcher vessel directed fishing in the rockfish entry level longline fishery to any processor other than a shoreside processor. (iii) Use any gear other than longline gear to directed fish for a rockfish pri mary species in the rockfish entry level longline fishery. (iv) Catch and process onboard a ves sel any rockfish primary species har vested while directed fishing in the rockfish entry level longline fishery. (v) Deliver groundfish caught by a catcher vessel directed fishing in the rockfish entry level longline fishery fishing after NMFS has closed directed fishing to the rockfish entry level longline fishery or November 15 of each calendar year, whichever occurs first. (o) Amendment 80 Program—(1) Amend ment 80 vessels. (i) Use any vessel other than an Amendment 80 vessel to catch any amount of Amendment 80 species, crab PSC, or halibut PSC assigned to the Amendment 80 sector. (ii) Use an Amendment 80 vessel to catch any amount of Amendment 80 species, crab PSC, or halibut PSC as signed to the BSAI trawl limited access sector. (2) Amendment 80 LLP license. (i) Des ignate any vessel other than an Amendment 80 vessel on an Amend ment 80 LLP license; (ii) Fail to designate an Amendment 80 vessel on an Amendment 80 LLP li cense that is endorsed for groundfish in the Bering Sea subarea or Aleutian Is lands subarea with a catcher/processor designation at all times during a cal endar year unless that Amendment 80 vessel has suffered an actual total loss, constructive total loss, or is perma nently ineligible to receive a fishery endorsement under 46 U.S.C. 12108. (3) Amendment 80 QS permit. (i) Hold an Amendment 80 QS permit assigned to an Amendment 80 vessel if that per son does not hold an Amendment 80 LLP license that designates that Amendment 80 vessel. (ii) Hold an Amendment 80 QS permit that is assigned to an Amendment 80 vessel under § 679.4(o)(1) if that person is not designated as the owner of that Amendment 80 vessel by an abstract of title or USCG documentation. (iii) Hold an Amendment 80 QS per mit assigned to an Amendment 80 ves sel if that Amendment 80 vessel has suffered an actual total loss, construc tive total loss, or is permanently ineli gible to receive a fishery endorsement under 46 U.S.C. 12108 after October 15 in the calendar year following the date of that actual total loss, constructive total loss, or permanent ineligibility to receive a fishery endorsement under 46 U.S.C. 12108. (iv) Fish in an Amendment 80 fishery without an Amendment 80 QS permit or Amendment 80 LLP/QS license as signed to that vessel. (v) Use an Amendment 80 catcher/ processor, as defined at § 679.2, to re ceive and process Pacific cod harvested by vessels directed fishing for Pacific cod in the BSAI or GOA, if that catch er/processor is not designated on: (A) An Amendment 80 QS permit and an Amendment 80 LLP license; or (B) An Amendment 80 LLP/QS li cense. (4) Amendment 80 cooperatives. (i) Use an Amendment 80 vessel, Amendment 80 LLP license, or Amendment 80 QS permit not assigned to an Amendment 80 cooperative for a calendar year to catch any Amendment 80 species, crab PSC, or halibut PSC assigned to that Amendment 80 cooperative during that calendar year; (ii) Use an Amendment 80 vessel as signed to an Amendment 80 cooperative for a calendar year to receive or proc ess catch from any Amendment 80 ves sel not assigned to that Amendment 80 cooperative for that calendar year. (iii) Catch, process, or receive Amendment 80 species assigned to an Amendment 80 cooperative in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season without a copy of a valid Amendment 80 CQ permit onboard un less that Amendment 80 vessel is using dredge gear while directed fishing for scallops. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00666 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 657 Fishery Conservation and Management § 679.20 (iv) [Reserved] (v) Begin a fishing trip for any Amendment 80 species with any vessel assigned to an Amendment 80 coopera tive if the total amount of unharvested CQ that is currently held by that Amendment 80 cooperative is zero or less for any species for which CQ is as signed. (vi) Have a negative balance in a CQ account for any species for which CQ is assigned after the end of the calendar year for which a CQ permit was issued. (vii) Fail to submit a timely and complete Amendment 80 cost recovery fee submission form and fee as required under § 679.95. (5) Amendment 80 limited access fishery. (i) Use an Amendment 80 vessel, Amendment 80 LLP license, or Amend ment 80 QS permit not assigned to the Amendment 80 limited access fishery for a calendar year to catch any Amendment 80 species, crab PSC, or halibut PSC assigned to the Amend ment 80 limited access sector during that calendar year; (ii) Use an Amendment 80 vessel as signed to the Amendment 80 limited access fishery for a calendar year to re ceive or process catch from any Amendment 80 vessel not assigned to the Amendment 80 limited access fish ery for that calendar year; (iii) Catch, process, or receive Amendment 80 species assigned to the Amendment 80 limited access fishery in the BSAI or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season without a copy of a valid Amendment 80 limited access fishery permit onboard unless that Amendment 80 vessel is using dredge gear while directed fishing for scallops. (6) Catch monitoring. (i) Operate an Amendment 80 vessel using any gear but dredge gear while directed fishing for scallops or a catcher/processor not listed in § 679.4(l)(2)(i) and using trawl gear, to catch, process, or receive fish in the BSAI or adjacent waters opened by the State of Alaska for which it adopts a Federal fishing season and fail to follow the catch monitoring require ments detailed at § 679.93(a), (b), and (c). (ii) Operate an Amendment 80 vessel using any gear but dredge gear while directed fishing for scallops that is sub ject to a sideboard limit detailed at § 679.92(b) and (c), as applicable, in the GOA or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season, and fail to fol low the catch monitoring requirements detailed at § 679.93(a), (b), and (d). (7) Use caps. Exceed the use caps that apply under § 679.92(a). (8) Economic data report (EDR): Fail to submit a timely and complete EDR as described under § 679.94. (9) First Wholesale Volume and Value Report. For an Amendment 80 vessel owner to fail to submit a timely and complete First Wholesale Volume and Value Report as required under § 679.5(u)(2). (p) Arctic Management Area. Conduct commercial fishing for any Arctic fish in the Arctic Management Area. [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.7, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.8 Facilitation of enforcement. See § 600.730 of this chapter. § 679.9 Penalties. See § 600.735 of this chapter. Subpart B—Management Measures § 679.20 General limitations. This section applies to vessels en gaged in directed fishing for groundfish in the GOA and/or the BSAI and to ves sels engaged in commercial fishing for Arctic fish in the Arctic Management Area. (a) Harvest limits—(1) OY—(i) BSAI and GOA. The OY for BSAI and GOA target species is a range or specific amount that can be harvested consist ently with this part, plus the amounts of ‘‘nonspecified species’’ taken inci dentally to the harvest of target spe cies. The species categories are defined in Table 1 of the specifications as pro vided in paragraph (c) of this section. (A) The OY for groundfish in the BSAI regulated by this section and by part 600 of this chapter is 1.4 million to 2.0 million mt. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00667 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