50 CFR § 679.20-679.28 - Fisheries of the Exclusive Economic Zone off Alaska — Management Measures

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 658 50 CFR Ch. VI (10–1–22 Edition) § 679.20 (B) The OY for groundfish in the GOA regulated by this section and by part 600 of this chapter is 116,000 to 800,000 mt. (ii) Arctic Management Area. The OY for each target fish species identified in the Fishery Management Plan for Fish Resources of the Arctic Manage ment Area regulated by this section and by part 600 of this chapter is 0 mt. (2) TAC. NMFS, after consultation with the Council, will specify and ap portion the annual TAC and reserves for each calendar year among the GOA and BSAI target species. TACs in the target species category may be split or combined for purposes of establishing new TACs with apportionments thereof under paragraph (c) of this section. The sum of the TACs so specified must be within the OY range specified in para graph (a)(1) of this section. (3) Annual TAC determination. The an nual determinations of TAC for each target species and the reapportionment of reserves may be adjusted, based upon a review of the following: (i) Biological condition of groundfish stocks. Resource assessment documents prepared annually for the Council that provide information on historical catch trend; updated estimates of the MSY of the groundfish complex and its compo nent species groups; assessments of the stock condition of each target species; assessments of the multispecies and ecosystem impacts of harvesting the groundfish complex at current levels, given the assessed condition of stocks, including consideration of rebuilding depressed stocks; and alternative har vesting strategies and related effects on the component species group. (ii) Socioeconomic considerations. So cioeconomic considerations that are consistent with the goals of the fishery management plans for the groundfish fisheries of the BSAI and the GOA, in cluding the need to promote efficiency in the utilization of fishery resources, including minimizing costs; the need to manage for the optimum marketable size of a species; the impact of ground fish harvests on prohibited species and the domestic target fisheries that uti lize these species; the desire to enhance depleted stocks; the seasonal access to the groundfish fishery by domestic fishing vessels; the commercial impor tance of a fishery to local commu nities; the importance of a fishery to subsistence users; and the need to pro mote utilization of certain species. (4) Sablefish TAC—(i) Eastern GOA reg ulatory area—(A) Fixed gear. Vessels in the Eastern GOA regulatory area using fixed gear will be allocated 95 percent of the sablefish TAC. (B) Trawl gear. Vessels in the Eastern GOA regulatory area using trawl gear will be allocated 5 percent of the sable fish TAC for bycatch in other trawl fisheries. (ii) Central and Western GOA regu latory areas—(A) Fixed gear. Vessels in the Central and Western GOA regu latory areas using fixed gear will be al located 80 percent of the sablefish TAC in each of the Central and Western GOA regulatory areas. (B) Trawl gear. Vessels using trawl gear will be allocated 20 percent of the sablefish TAC in these areas. (iii) Bering Sea subarea—(A) Hook and-line or pot gear. Vessels in the Ber ing Sea subarea using hook-and-line or pot gear will be allocated 50 percent of each TAC for sablefish. (B) Trawl gear. Vessels in the Bering Sea subarea using trawl gear will be al located 50 percent of each TAC for sa blefish. (iv) Aleutian Islands subarea—(A) Hook-and-line or pot gear. Vessels in the Aleutian Islands subarea using hook and-line or pot gear will be allocated 75 percent of each TAC for sablefish. (B) Trawl gear. Vessels in the Aleu tian Islands subarea using trawl gear will be allocated 25 percent of each TAC for sablefish. (5) Pollock TAC—(i) Bering Sea Sub area—(A) AFA allocations. The pollock TAC apportioned to the Bering Sea Subarea, after subtraction of the 10 percent CDQ reserve under § 679.31(a), will be allocated as follows: (1) Incidental catch allowance. The Re gional Administrator will establish an incidental catch allowance to account for projected incidental catch of pol lock by vessels engaged in directed fishing for groundfish other than pol lock and by vessels harvesting non-pol lock CDQ. If during a fishing year, the Regional Administrator determines that the incidental catch allowance has been set too high or too low, he/she VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00668 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 659 Fishery Conservation and Management § 679.20 may issue inseason notification in the FEDERAL REGISTER that reallocates in cidental catch allowance to the di rected fishing allowance, or vice versa, according to the proportions estab lished under paragraph (a)(5)(i)(A) of this section. (2) Directed fishing allowance. The re maining pollock TAC apportioned to the Bering Sea subarea is established as a directed fishing allowance. (3) Inshore sector allocation. Fifty per cent of the directed fishing allowance will be allocated to AFA catcher ves sels harvesting pollock for processing by AFA inshore processors. The inshore allocation will be further di vided into separate allocations for co operative and open access fishing. (i) Inshore cooperatives. The inshore cooperative allocation will be equal to the aggregate annual allocations of all AFA inshore catcher vessel coopera tives that receive pollock allocations under § 679.62(a). (ii) Inshore open access. The inshore open access allocation will equal that portion of the inshore sector allocation that is not allocated to inshore co operatives. (4) Catcher/processor sector allocation. Forty percent of the directed fishing allowance will be allocated to AFA catcher/processors and AFA catcher vessels delivering to catcher proc essors. (i) Catcher/processor and catcher vessel cooperatives. If by December 1 of the year prior to the year when fishing under the cooperative agreement will begin, NMFS receives filing of coopera tive contracts and/or an inter-coopera tive agreement entered into by listed AFA catcher/processors and all AFA catcher vessels with catcher/processor sector endorsements, and the Regional Administrator determines that such contracts provide for the distribution of harvest between catcher/processors and catcher vessels in a manner agreed to by all members of the catcher/proc essor sector cooperative(s), then NMFS will not subdivide the catcher/proc essor sector allocation between catcher vessels and catcher/processors. (ii) Catcher vessel allocation. If such contract is not filed with NMFS by De cember 1 of the preceding year, then NMFS will allocate 91.5 percent of the catcher/processor sector allocation to AFA catcher/processors engaged in di rected fishing for pollock and 8.5 per cent of the catcher/processor sector al location to AFA catcher vessels deliv ering to catcher/processors. (iii) Unlisted AFA catcher processors. Unlisted AFA catcher/processors will be limited to harvesting not more than 0.5 percent of catcher/processor sector allocation. (5) Mothership sector allocation. Ten percent of the directed fishing allow ance will be allocated to AFA catcher vessels harvesting pollock for proc essing by AFA motherships. (6) Excessive harvesting share. NMFS will establish an excessive harvesting share limit equal to 17.5 percent of the sum of the directed fishing allowances established under paragraphs (a)(5)(i) and (a)(5)(ii) of this section. The exces sive harvesting share limit will be pub lished in the annual harvest specifica tions and is subject to revision on an inseason basis if NMFS reallocates unharvested amounts of the incidental catch allowance to the directed fishing allowance, or vice versa. (7) Excessive processing share. NMFS will establish an excessive processing share limit equal to 30.0 percent of the sum of the directed fishing allowances established under paragraphs (a)(5)(i) and (a)(5)(ii) of this section. The exces sive processing share limit will be pub lished in the annual harvest specifica tions and is subject to revision on an inseason basis if NMFS reallocates unharvested amounts of the incidental catch allowance to the directed fishing allowance, or vice versa. (B) BSAI seasonal allowances for AFA and CDQ—(1) Inshore, catcher/processor, mothership, and CDQ sectors. The por tions of the BS subarea pollock di rected fishing allowances allocated to each sector under sections 206(a) and 206(b) of the AFA and the CDQ allow ance in the BSAI will be divided into two seasonal allowances corresponding to the two fishing seasons set out at § 679.23(e)(2), as follows: (i) A Season, 45 percent; (ii) B Season, 55 percent. (2) Inseason adjustments. Within any fishing year, the Regional Adminis trator may add or subtract any under harvest or over harvest of a seasonal VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00669 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 660 50 CFR Ch. VI (10–1–22 Edition) § 679.20 allowance for a component to the sub sequent seasonal allowance for the component through notification pub lished in the FEDERAL REGISTER. (C) Steller sea lion conservation area (SCA) harvest limit. For each component under Sections 206(a) and 206(b) of the AFA and for the open access fishery, no more than 28 percent of the annual pol lock directed fishery allowance may be taken from the SCA before April 1. The SCA is defined at § 679.22(a)(7)(vii). (ii) Bogoslof District. If the Bogoslof District is open to directed fishing for pollock by regulation, then the pollock TAC for this district will be allocated according to the same procedure estab lished for the Bering Sea subarea at paragraph (a)(5)(i) of this section. If the Bogoslof District is closed to directed fishing for pollock by regulation, then the entire TAC for this district will be allocated as an incidental catch allow ance. (iii) AI. (A) If a directed fishery for pollock in the AI is not specified under paragraph (c) of this section, then the entire TAC for this subarea will be al located as an incidental catch allow ance. (B) If the AI is open to directed fish ing for pollock under paragraph (c) of this section, then the pollock TAC for this subarea will be specified, allo cated, seasonally apportioned, and re allocated as follows: (1) AI annual TAC limitations. When the AI pollock ABC is less than 19,000 mt, the annual TAC will be no greater than the ABC. When the AI pollock ABC equals or exceeds 19,000 mt, the annual TAC will be equal to 19,000 mt. (2) Allocations—(i) CDQ Directed fish ing allowance. 10 percent of the annual TAC will be allocated to the CDQ pol lock reserve established under § 679.31(a)(2). (ii) Incidental catch allowance. The Re gional Administrator will determine the amount of the pollock incidental catch necessary to support an inci dental catch allowance in the AI dur ing the fishing year for each season. This amount of pollock will be de ducted from the annual TAC. If during a fishing year, the Regional Adminis trator determines that the incidental catch allowance is excessive or inad equate, the Regional Administrator may reallocate the excess of the inci dental catch allowance to the directed pollock fishery, or may reallocate pol lock from the directed pollock fishery to the incidental catch allowance as necessary to support incidental catch of pollock in AI groundfish fisheries, by publication in the FEDERAL REGISTER. (iii) Directed Pollock Fishery. The amount of the TAC remaining after subtraction of the CDQ directed fishing allowance and the incidental catch al lowance will be allocated to the Aleut Corporation as a directed pollock fish ery allocation. (3) Seasonal apportionment. The sea sonal harvest of pollock in the AI di rected pollock fishery shall be: (i) A season. No greater than the less er of the annual initial TAC plus any A season CDQ pollock directed fishery al lowance or 40 percent of the AI pollock ABC. The total A season apportion ment, including the AI directed pollock fishery allocation, the CDQ pollock di rected fishery seasonal allowance, and the incidental catch amount, shall not exceed 40 percent of the ABC. (ii) B season. The B season apportion ment of the AI directed pollock fishery shall equal the annual initial TAC minus the A season directed pollock fishery apportionment under paragraph (a)(5)(iii)(B)(3)(i) of this section and minus the incidental catch amount under paragraph (a)(5)(iii)(B)(2)(ii) of this section. (iii) Inseason adjustments for the di rected pollock fishery. During any fish ing year, the Regional Administrator may add any under harvest of the A season directed pollock fishery appor tionment to the B season directed pol lock fishery apportionment by inseason notification published in the FEDERAL REGISTER if the Regional Adminis trator determines that the harvest ca pacity in the B season is sufficient to harvest the adjusted B season appor tionment. (iv) Inseason adjustments for the inci dental catch allowance. During any fish ing year, the Regional Administrator may add any under harvest of the A season incidental catch allowance ap portionment to the B season incidental catch allowance apportionment by pub lication in the FEDERAL REGISTER if the Regional Administrator determines VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00670 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 661 Fishery Conservation and Management § 679.20 that the additional B season incidental catch allowance is necessary to support other groundfish fisheries. (4) Reallocation of the annual AI di rected pollock fishery and AI CDQ alloca tions. As soon as practicable, if the Re gional Administrator determines that vessels participating in either the AI directed pollock fishery or the AI CDQ directed pollock fishery likely will not harvest the entire AI directed pollock fishery or CDQ pollock directed fishing allowance, the Regional Administrator may reallocate some or all of the pro jected unused directed pollock fishery allocation to the Bering Sea subarea directed pollock fishery or AI CDQ pol lock directed fishing allowance to the Bering Sea subarea CDQ pollock di rected fishing allowance by inseason notification published in the FEDERAL REGISTER. (5) Allocations to small vessels. The an nual allocation for vessels 60 feet (18.3 m) LOA or less participating in the AI directed pollock fishery will be: (i) No more than 25 percent of the AI directed pollock fishery allocation through 2008; (ii) No more than 50 percent of the AI directed pollock fishery allocation from 2009 through 2012; and (iii) 50 percent of the AI directed pol lock fishery allocation in 2013 and be yond. (6) Pollock harvest limitations. Pollock harvests during the A season as defined at § 679.23(e)(2) are limited to: (i) No more than 5 percent of the Aleutian Islands pollock ABC in Area 543. (ii) No more than 15 percent of the Aleutian Islands pollock ABC in Area 542. (iii) No more than 30 percent of the Aleutian Islands pollock ABC in Area 541. (iv) GOA—(A) Apportionment by area. The TAC for pollock in the combined GOA Western and Central Regulatory Areas will be apportioned among sta tistical areas 610, 620, and 630 in propor tion to the distribution of the pollock biomass as determined by the most re cent NMFS surveys. (B) GOA Western and Central Regu latory Areas seasonal apportionments. Each apportionment established under paragraph (a)(5)(iv)(A) of this section will be divided into two seasonal appor tionments corresponding to the two fishing seasons specified in § 679.23(d)(2) as follows: A Season, 50 percent; and B Season, 50 percent. Within any fishing year, underharvest or overharvest of a seasonal apportionment may be added to or subtracted from remaining sea sonal apportionments in a manner to be determined by the Regional Admin istrator, provided that any revised sea sonal apportionment does not exceed 20 percent of the seasonal TAC apportion ment for the statistical area. The re apportionment of underharvest will be applied to the subsequent season with in the same statistical area up to the 20 percent limit specified in this para graph. Any underharvest remaining be yond the 20 percent limit may be fur ther apportioned to the subsequent sea son in the other statistical areas, in proportion to estimated biomass and in an amount no more than 20 percent of the seasonal TAC apportionment for the statistical area. (6) GOA inshore/offshore allocations— (i) GOA pollock. The apportionment of pollock in all GOA regulatory areas for each seasonal allowance described in paragraph (a)(5)(iv) of this section will be allocated entirely to vessels har vesting pollock for processing by the inshore component in the GOA after subtraction of an amount that is pro jected by the Regional Administrator to be caught by, or delivered to, the offshore component in the GOA inci dental to directed fishing for other groundfish species. (ii) Eastern GOA Regulatory Area Pa cific cod. The apportionment of Pacific cod in the Eastern GOA Regulatory Area will be allocated 90 percent to vessels harvesting Pacific cod for proc essing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore com ponent. (7) Pacific cod TAC, BSAI—(i) CDQ re serve and seasonal allowances. (A) A total of 10.7 percent of the annual Pa cific cod TAC will be allocated to the CDQ Program in the annual harvest specifications required under para graph (c) of this section. The Pacific cod CDQ allocation will be deducted from the annual Pacific cod TAC before allocations to the non-CDQ sectors are VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00671 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 662 50 CFR Ch. VI (10–1–22 Edition) § 679.20 made under paragraph (a)(7)(ii) of this section. (B) The BSAI Pacific cod CDQ gear allowances by season, as those seasons are specified under § 679.23(e)(5), are as follows: Gear Type A season B season C season (1) Trawl 60% 20% 20% (i) Trawl CV 70% 10% 20% (ii) Trawl CP 50% 30% 20% (2) Hook-and-line CP and hook-and-line CV ≥60 ft (18.3 m) LOA 60% 40% no C season (3) Jig 40% 20% 40% (4) All other non-trawl gear no seasonal allowance no seasonal allowance no seasonal allowance (ii) Non-CDQ allocations—(A) Sector allocations. The remainder of the BSAI Pacific cod TAC after subtraction of the CDQ reserve for Pacific cod will be allocated to non-CDQ sectors as fol lows: Sector % Allocation (1) Jig vessels 1.4 (2) Hook-and-line/pot CV <60 ft (18.3 m) LOA 2 (3) Hook-and-line CV ≥60 ft (18.3 m) LOA 0.2 (4) Hook-and-line CP 48.7 (5) Pot CV ≥60 ft (18.3 m) LOA 8.4 (6) Pot CP 1.5 (7) AFA trawl CP 2.3 (8) Amendment 80 sector 13.4 (9) Trawl CV 22.1 (B) Incidental catch allowance. During the annual harvest specifications proc ess set forth at paragraph (c) of this section, the Regional Administrator will specify an amount of Pacific cod that NMFS estimates will be taken as incidental catch in directed fisheries for groundfish other than Pacific cod by the hook-and-line and pot gear sec tors. This amount will be the inci dental catch allowance and will be de ducted from the aggregate portion of Pacific cod TAC annually allocated to the hook-and-line and pot gear sectors before the allocations under paragraph (a)(7)(ii)(A) of this section are made to these sectors. (iii) Reallocation among non-CDQ sec tors. If, during a fishing year, the Re gional Administrator determines that a non-CDQ sector will be unable to har vest the entire amount of Pacific cod allocated to that sector under para graph (a)(7)(ii)(A) of this section, the Regional Administrator will reallocate the projected unused amount of Pacific cod to other sectors through notifica tion in the FEDERAL REGISTER. Any re allocation decision by the Regional Ad ministrator will take into account the capability of a sector to harvest the re allocated amount of Pacific cod, and the following reallocation hierarchy: (A) Catcher vessel sectors. The Re gional Administrator will reallocate projected unharvested amounts of Pa cific cod TAC from a catcher vessel sector as follows: first to the jig sector, or to the less than 60 ft (18.3 m) LOA hook-and-line or pot catcher vessel sec tor, or to both of these sectors; second, to the greater than or equal to 60 ft (18.3 m) LOA hook-and-line or to the greater than or equal to 60 ft (18.3 m) LOA pot catcher vessel sectors; and third to the trawl catcher vessel sec tor. If the Regional Administrator de termines that a projected unharvested amount from the jig sector allocation, the less than 60 ft (18.3 m) LOA hook and-line or pot catcher vessel sector al location, or the greater than or equal to 60 ft (18.3 m) LOA hook-and-line catcher vessel sector allocation is un likely to be harvested through this hi erarchy, the Regional Administrator will reallocate that amount to the hook-and-line catcher/processor sector. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00672 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 663 Fishery Conservation and Management § 679.20 If the Regional Administrator deter mines that a projected unharvested amount from a greater than or equal to 60 ft (18.3 m) LOA pot catcher vessel sector allocation is unlikely to be har vested through this hierarchy, the Re gional Administrator will reallocate that amount to the pot catcher/proc essor sector in accordance with the hi erarchy set forth in paragraph (a)(7)(iii)(C) of this section. If the Re gional Administrator determines that a projected unharvested amount from a trawl catcher vessel sector allocation is unlikely to be harvested through this hierarchy, the Regional Adminis trator will reallocate that amount to the other trawl sectors in accordance with the hierarchy set forth in para graph (a)(7)(iii)(B) of this section. (B) Trawl gear sectors. The Regional Administrator will reallocate any pro jected unharvested amounts of Pacific cod TAC from the trawl catcher vessel or AFA catcher/processor sectors to other trawl sectors before unharvested amounts are reallocated and appor tioned to specified gear sectors as fol lows: (1) 83.1 percent to the hook-and-line catcher/processor sector, (2) 2.6 percent to the pot catcher/ processor sector, and (3) 14.3 percent to the greater than or equal to 60 ft (18.3 m) LOA pot catcher vessel sector. (C) Pot gear sectors. The Regional Ad ministrator will reallocate any pro jected unharvested amounts of Pacific cod TAC from the pot catcher/processor sector to the greater than or equal to 60 ft (18.3 m) LOA pot catcher vessel sector, and from the greater than or equal to 60 ft (18.3 m) LOA pot catcher vessel sector to the pot catcher/proc essor sector before reallocating it to the hook-and-line catcher/processor sector. (iv) Non-CDQ seasonal allowances—(A) Seasonal allowances by sector. The BSAI Pacific cod sector allowances are ap portioned by season, as those seasons are specified at § 679.23(e)(5), as follows: Sector Seasonal Allowances A season B season C season (1) Trawl (i) Trawl CV 74 % 11 % 15 % (ii) Trawl CP 75 % 25 % 0 % (2) Hook-and-line CP, hook-and-line CV ≥60 ft (18.3 m) LOA, and pot gear ves sels ≥60 ft (18.3 m) LOA 51 % 49 % no C season (3) Jig vessels 60 % 20 % 20 % (4) All other nontrawl vessels no seasonal allowance no seasonal allowance no seasonal allowance (B) Unused seasonal allowances. Any unused portion of a seasonal allowance of Pacific cod from any sector except the jig sector will be reallocated to that sector’s next season during the current fishing year unless the Re gional Administrator makes a deter mination under paragraph (a)(7)(iii) of this section that the sector will be un able to harvest its allocation. (C) Jig sector. The Regional Adminis trator will reallocate any projected un used portion of a seasonal allowance of Pacific cod for the jig sector under this section to the less than 60 ft (18.3 m) LOA hook-and-line or pot catcher ves sel sector. The Regional Administrator will reallocate the projected unused portion of the jig sector’s C season al lowance on or about September 1 of each year. (v) ITAC allocation to the Amendment 80 sector. A percentage of the Pacific cod TAC, after subtraction of the CDQ reserve, will be allocated as ITAC to the Amendment 80 sector as described in Table 33 to this part. Separate allo cations for each Amendment 80 cooper ative and the Amendment 80 limited access fishery are described under § 679.91. The allocation of Pacific cod to VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00673 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 664 50 CFR Ch. VI (10–1–22 Edition) § 679.20 the Amendment 80 sector will be fur ther divided into seasonal apportion ments as described under paragraph (a)(7)(iv)(A)(1)(ii) of this section. (A) Use of seasonal apportionments by Amendment 80 cooperatives. (1) The amount of Pacific cod listed on a CQ permit that is assigned for use in the A season may be used in the B or C sea son. (2) The amount of Pacific cod that is listed on a CQ permit that is assigned for use in the B season may not be used in the A season. (3) The amount of Pacific cod listed on a CQ permit that is assigned for use in the C season may not be used in the A or B seasons. (B) Harvest of seasonal apportionments in the Amendment 80 limited access fish ery. (1) Pacific cod ITAC assigned for harvest by the Amendment 80 limited access fishery in the A season may be harvested in the B or C seasons. (2) Pacific cod ITAC assigned for har vest by the Amendment 80 limited ac cess fishery in the B season may not be harvested in the A season. (3) Pacific cod ITAC assigned for har vest by the Amendment 80 limited ac cess fishery in the C season may not be harvested in the A or B seasons. (vi) ITAC rollover to Amendment 80 co operatives. If during a fishing year, the Regional Administrator determines that a portion of the Pacific cod TAC is unlikely to be harvested and is made available for reallocation to the Amendment 80 sector according to the provisions under paragraph (a)(7)(iii) of this section, the Regional Adminis trator may issue inseason notification in the FEDERAL REGISTER that reallo cates that remaining amount of Pacific cod to Amendment 80 cooperatives, ac cording to the procedures established under § 679.91(f). (vii) Pacific cod harvest limitations. During the annual harvest specifica tions process, the Regional Adminis trator will establish an Area 543 Pacific cod harvest limit based on Pacific cod abundance in Area 543 as determined by the annual stock assessment proc ess. NMFS will first subtract the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS will de termine the harvest limit in Area 543 by multiplying the percentage of Pa cific cod estimated in Area 543 by the remaining ABC for AI Pacific cod. (viii) Aleutian Islands Pacific Cod Catcher Vessel Harvest Set-Aside Pro gram—(A) Calculation of the Aleutian Is lands Pacific cod non-CDQ ICA and DFA. Each year, during the annual harvest specifications process set forth at para graph (c) of this section, NMFS will specify the Aleutian Islands Pacific cod non-CDQ incidental catch allowance and directed fishing allowance from the Aleutian Islands Pacific cod non CDQ TAC as follows. Shortly after completion of the process set forth in paragraph (a)(7)(viii)(D) of this section, NMFS will announce through notice in the FEDERAL REGISTER whether the ICA and DFA will be in effect for the upcoming fishing year. (1) Aleutian Islands Pacific cod non CDQ incidental catch allowance. Each year, during the annual harvest speci fications process set forth at paragraph (c) of this section, NMFS will specify an amount of Aleutian Islands Pacific cod that NMFS estimates will be taken as incidental catch in non-CDQ di rected fisheries for groundfish other than Pacific cod in the Aleutian Is lands. This amount will be the Aleu tian Islands Pacific cod non-CDQ inci dental catch allowance and will be de ducted from the aggregate portion of Pacific cod TAC annually allocated to the non-CDQ sectors identified in para graph (a)(7)(ii)(A) of this section. (2) Aleutian Islands Pacific cod non CDQ directed fishing allowance. Each year, during the annual harvest speci fications process set forth at paragraph (c) of this section, NMFS will specify the Aleutian Islands Pacific cod non CDQ directed fishing allowance. The Aleutian Islands Pacific cod non-CDQ directed fishing allowance will be the amount of the Aleutian Islands Pacific cod TAC remaining after subtraction of the Aleutian Islands Pacific cod CDQ reserve and the Aleutian Islands Pa cific cod non-CDQ incidental catch al lowance. (B) Calculation of the Aleutian Islands CV Harvest Set-Aside and Aleutian Is lands Unrestricted Fishery. Each year, during the annual harvest specifica tions process set forth at paragraph (c) of this section, NMFS will specify the Aleutian Islands CV Harvest Set-Aside VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00674 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 665 Fishery Conservation and Management § 679.20 and the Aleutian Islands Unrestricted Fishery. The Aleutian Islands CV Har vest Set-Aside will be an amount of Pa cific cod equal to the lesser of either the Aleutian Islands Pacific cod non CDQ directed fishing allowance as de termined in paragraph (a)(7)(viii)(A)(2) of this section or 5,000 mt. The Aleu tian Islands Unrestricted Fishery will be the amount of Pacific cod that re mains after deducting the Aleutian Is lands CV Harvest Set-Aside from the Aleutian Islands Pacific cod non-CDQ directed fishing allowance as deter mined in paragraph (a)(7)(viii)(A)(2) of this section. Shortly after completion of the process set forth in paragraph (a)(7)(viii)(D) of this section, NMFS will announce through notice in the FEDERAL REGISTER whether the Aleu tian Islands CV Harvest Set-Aside and the Aleutian Islands Unrestricted Fish ery will be in effect for the upcoming fishing year. (C) Calculation of the Bering Sea Trawl CV A-Season Sector Limitation. Each year, during the annual harvest speci fications process set forth at paragraph (c) of this section, NMFS will specify the Bering Sea Trawl CV A-Season Sec tor Limitation and the amount of the trawl CV sector’s A-season allocation that could be harvested in the Bering Sea subarea prior to March 21. The Ber ing Sea Trawl CV A-Season Sector Limitation will be an amount of Pa cific cod equal to the lesser of either the Aleutian Islands Pacific cod non CDQ directed fishing allowance as de termined in paragraph (a)(7)(viii)(A)(2) of this section or 5,000 mt. The amount of the trawl CV sector’s A-season allo cation that could be harvested in the Bering Sea subarea prior to March 21 will be the amount of Pacific cod that remains after deducting the Bering Sea Trawl CV A-Season Sector Limitation from the amount of BSAI Pacific cod allocated to the trawl CV sector A-sea son as determined in paragraph (a)(7)(iv)(A)(1)(i) of this section. Short ly after completion of the process set forth in paragraph (a)(7)(viii)(D) of this section, NMFS will announce through notice in the FEDERAL REGISTER whether the Bering Sea Trawl CV A Season Sector Limitation will be in ef fect for the upcoming fishing year. (D) Annual notification of intent to process Aleutian Islands Pacific cod—(1) Submission of notification. The provi sions of paragraph (a)(7)(viii)(E) of this section will apply if the either the City Manager of the City of Adak or the City Administrator of the City of Atka submits to NMFS a timely and com plete notification of its intent to proc ess Aleutian Islands Pacific cod during the upcoming fishing year. This notifi cation must be submitted annually to NMFS using the methods described below. (2) Submittal method. An official noti fication of intent to process Aleutian Islands Pacific cod during the upcom ing fishing year in the form of a letter or memorandum signed by the City Manager of the City of Adak or the City Administrator of the City of Atka must be submitted by certified mail through the United States Postal Serv ice to: NMFS Alaska Region, Attn: Re gional Administrator, P. O. Box 21668, Juneau, AK 99802. The City Manager or City Administrator must also submit an electronic copy of the official notifi cation of intent and the certified mail receipt with postmark via email to nmfs.akr.inseason@noaa.gov. Email sub mission is in addition to submission via U.S. Postal Service; email submis sion does not replace the requirement to submit an official notification of in tent via U.S. Postal Service. (3) NMFS confirmation. On or shortly after December 8, 2016, or November 1 for each year after 2016, the Regional Administrator will send a signed and dated letter to the City Manager of the City of Adak or the City Administrator of the City of Atka either confirming NMFS’ receipt of its official notifica tion of intent to process Aleutian Is lands Pacific cod, or informing the city that NMFS did not receive notification by the deadline. (4) Deadline. The official notification of intent to process Aleutian Islands Pacific cod for the upcoming fishing year must be postmarked no later than December 8, 2016, or October 31 for each year after 2016, in order for the provi sions of paragraph (a)(7)(viii)(E) of this section to apply during the upcoming fishing year. Notifications of intent postmarked on or after December 9, 2016, or November 1 for each year after VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00675 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 666 50 CFR Ch. VI (10–1–22 Edition) § 679.20 2016, will not be accepted by the Re gional Administrator. The electronic copy of the official notification of in tent and certified mail receipt with postmark must be submitted to NMFS via email dated no later than Decem ber 8, 2016, or no later than October 31 for each year after 2016, in order for the provisions of paragraph (a)(7)(viii)(E) of this section to apply during the upcom ing fishing year. (5) Contents of notification. A notifica tion of intent to process Aleutian Is lands Pacific cod for the upcoming fishing year must contain the following information: (i) Date, (ii) Name of city, (iii) Statement of intent to process Aleutian Islands Pacific cod, (iv) Identification of the fishing year during which the city intends to proc ess Aleutian Island Pacific cod, and (v) Signature of and contact informa tion for the City Manager or City Ad ministrator of the city intending to process Aleutian Islands Pacific cod. (E) Aleutian Islands community protec tions for Pacific cod. If the City Manager of the City of Adak or the City Admin istrator of the City of Atka submits a timely and complete notification in ac cordance with paragraph (a)(7)(viii)(D) of this section, then the following pro visions will apply for the fishing year following the submission of the timely and complete notification: (1) Bering Sea Trawl CV A-Season Sec tor Limitation. Prior to March 21, the harvest of Pacific cod by the trawl CV sector in the Bering Sea subarea is lim ited to an amount equal to the trawl CV sector A-season allocation as deter mined in paragraph (a)(7)(iv)(A)(1)(i) of this section minus the Bering Sea Trawl CV A-Season Sector Limitation as determined in paragraph (a)(7)(viii)(C) of this section. If, after the start of the fishing year, the provi sions of paragraphs (a)(7)(viii)(E)(4) or (5) of this section are met, this para graph (a)(7)(viii)(E)(1) will not apply for the remainder of the fishing year. (2) Aleutian Islands Catcher Vessel Har vest Set-Aside. Prior to March 15, only catcher vessels that deliver their catch of Aleutian Islands Pacific cod to Aleu tian Islands shoreplants for processing may directed fish for that portion of the Aleutian Islands Pacific cod non CDQ directed fishing allowance that is specified as the Aleutian Islands Catch er Vessel Harvest Set-Aside in para graph (a)(7)(viii)(B) of this section. If, after the start of the fishing year, the provisions of paragraph (a)(7)(viii)(E)(4) of this section are met, this paragraph (a)(7)(viii)(E)(2) will not apply for the remainder of the fishing year. (3) Aleutian Islands Unrestricted Fish ery. Prior to March 15, vessels other wise authorized to directed fish for Pa cific cod in the Aleutian Islands may directed fish for that portion of the Aleutian Islands Pacific cod non-CDQ directed fishing allowance that is spec ified as the Aleutian Islands Unre stricted Fishery as determined in para graph (a)(7)(viii)(B) of this section and may deliver their catch to any eligible processor. (4) Minimum Aleutian Islands shoreplant landing requirement. If less than 1,000 mt of the Aleutian Islands Catcher Vessel Harvest Set-Aside is landed at Aleutian Islands shoreplants on or before February 28, then para graphs (a)(7)(viii)(E)(1) and (2) of this section will not apply for the remain der of the fishing year. (5) Harvest of Aleutian Islands Catcher Vessel Harvest Set-Aside. If the Aleutian Islands Catcher Vessel Harvest Set Aside is fully harvested prior to March 15, then paragraph (a)(7)(viii)(E)(1) of this section will not apply for the re mainder of the fishing year. (8) BSAI Atka mackerel—(i) Jig gear. Vessels using jig gear will be allocated up to 2 percent of the TAC of Atka mackerel specified for the Eastern Aleutian Islands District and Bering Sea subarea, after subtraction of re serves, based on the following criteria: (A) The amount of Atka mackerel harvested by vessels using jig gear dur ing recent fishing years; (B) The anticipated harvest of Atka mackerel by vessels using jig gear dur ing the upcoming fishing year; and (C) The extent to which the jig-gear allocation will support the develop ment of a jig-gear fishery for Atka mackerel while minimizing the amount of Atka mackerel TAC annually allo cated to vessels using jig gear that re mains unharvested at the end of the fishing year. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00676 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 667 Fishery Conservation and Management § 679.20 (ii) ITAC allocation to Amendment 80 and BSAI trawl limited access sectors. The remainder of the Atka mackerel TAC, after subtraction of the jig gear allocation, CDQ reserve, and incidental catch allowance for the BSAI trawl limited access sector and vessels using non-trawl gear, will be allocated as ITAC to the Amendment 80 and BSAI trawl limited access sectors. (A) Seasonal allowances. The Atka mackerel TAC specified for each sub area or district will be divided equally, after subtraction of the jig gear alloca tion, into two seasonal allowances cor responding to the A and B seasons de fined at § 679.23(e)(3). (B) Overages and Underages. Within any fishing year, unharvested amounts of the A season allowance will be added to the B season allowance and harvests in excess of the A season allowance will be deducted from the B season allow ance. (C) Atka mackerel harvest limitations. (1) Atka mackerel catch within waters 0 nm to 20 nm of Steller sea lion sites listed in Table 6 to this part and lo cated west of 178° W longitude is: (i) Limited to no more than 60 per cent of the annual TACs in Areas 542 and 543; and (ii) Equally divided between the A and B seasons as defined at § 679.23(e)(3). (2) The annual TAC in Area 543 will be no more than 65 percent of the ABC in Area 543. (D) Any unharvested Atka mackerel A season allowance that is added to the B season is prohibited from being har vested within waters 0 nm to 20 nm of Steller sea lion sites listed in Table 6 to this part and located in Areas 541, 542, and 543. (iii) [Reserved] (iv) Amendment 80 sector allocation. The allocation of Atka mackerel ITAC to the Amendment 80 sector is estab lished in Table 33 to this part. The allo cation of Atka mackerel ITAC to the Amendment 80 sector will be further divided into seasonal apportionments under § 679.23(e)(3), and separate alloca tions for each Amendment 80 coopera tive and the Amendment 80 limited ac cess fishery as described under § 679.91. (A) Use of seasonal apportionments by Amendment 80 cooperatives. (1) The amount of Atka mackerel listed on a CQ permit that is assigned for use in the A season may be used in the B sea son. (2) The amount of Atka mackerel listed on a CQ permit that is assigned for use in the B season may not be used in the A season. (B) Harvest of seasonal apportionments in the Amendment 80 limited access fish ery. (1) Atka mackerel ITAC assigned for harvest by the Amendment 80 lim ited access fishery in the A season may be harvested in the B season. (2) Atka mackerel ITAC assigned for harvest by the Amendment 80 limited access fishery in the B season may not be harvested in the A season. (v) BSAI trawl limited access sector al location—(A) BSAI trawl limited access sector directed fishing allowance. The amount of Atka mackerel ITAC as signed as a directed fishing allowance to the BSAI trawl limited access sector is established in Table 33 to this part. (B) BSAI trawl limited access sector in cidental catch allowance and ITAC roll over. If, during a fishing year, the Re gional Administrator determines that a portion of the Atka mackerel inci dental catch allowance or ITAC as signed to the BSAI trawl limited access sector is unlikely to be harvested, the Regional Administrator may issue inseason notification in the FEDERAL REGISTER that reallocates that remain ing amount of Atka mackerel directed fishing allowance to Amendment 80 co operatives, according to the procedures established under § 679.91(f). (9) BSAI shortraker rockfish and rougheye rockfish. After subtraction of reserves, the TAC of shortraker rock fish and rougheye rockfish specified for the Aleutian Islands subarea will be al located 30 percent to vessels using non trawl gear and 70 percent to vessels using trawl gear. (10) Amendment 80 species except Pa cific cod and Atka mackerel—(i) ITAC al location to the Amendment 80 and BSAI trawl limited access sectors. The remain der of the TACs for each Amendment 80 species other than Atka mackerel and Pacific cod, after subtraction of the CDQ reserve and incidental catch al lowance for the BSAI trawl limited ac cess sector and vessels using non-trawl gear, will be allocated as ITAC to the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00677 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 668 50 CFR Ch. VI (10–1–22 Edition) § 679.20 Amendment 80 and BSAI trawl limited access sectors. (ii) Amendment 80 sector ITAC. The al location of ITAC for each Amendment 80 species other than Atka mackerel and Pacific cod to the Amendment 80 sector is established in Tables 33 and 34 to this part. The allocation of these species to the Amendment 80 sector will be further divided into separate al locations for each Amendment 80 coop erative and the Amendment 80 limited access fishery as described under § 679.91. (iii) BSAI trawl limited access sector al location—(A) BSAI trawl limited access sector directed fishing allowance. The amount of ITAC for each Amendment 80 species other than Atka mackerel and Pacific cod assigned as a directed fishing allowance to the BSAI trawl limited access sector is established in Tables 33 and 34 to this part. (B) BSAI trawl limited access sector ITAC rollover. If, during a fishing year, the Regional Administrator determines that a portion of the incidental catch allowance or ITAC assigned to the BSAI trawl limited access sector for each Amendment 80 species other than Atka mackerel and Pacific cod is un likely to be harvested, the Regional Administrator may issue inseason noti fication in the FEDERAL REGISTER that reallocates that remaining amount to Amendment 80 cooperatives, according to the procedures established under § 679.91(f). (11) All other groundfish TAC. The ini tial TAC for each target species and the ‘‘other species’’ category will be 85 percent of the TAC as provided under paragraph (b) of this section. (12) GOA Pacific cod TAC—(i) Seasonal allowances by sector. The Western and Central GOA Pacific cod TACs will be seasonally apportioned to the jig sector such that 60 percent of the TAC is ap portioned to the A season and 40 per cent of the TAC is apportioned to the B season, as specified in § 679.23(d)(3), be fore TAC is apportioned among other non-jig sectors. The Western and Cen tral GOA Pacific cod TACs will be sea sonally apportioned among the non-jig sectors such that 63.84 percent of the Western GOA TAC is apportioned to the A season and 36.16 percent of the Western GOA TAC is apportioned to the B season, and 64.16 percent of the Central GOA TAC is apportioned to the A season and 35.84 percent of the Cen tral GOA TAC is apportioned to the B season, as specified in § 679.23(d)(3). (A) Western GOA Regulatory Area—Jig sector. A portion of the annual Pacific cod TAC will be allocated to vessels with an FFP that use jig gear, as deter mined in the annual harvest specifica tion under paragraph (c)(7) of this sec tion, before TAC is apportioned among other non-jig sectors. Other Pacific cod sector allowances are apportioned after allocation to the jig sector based on gear type and operation type as fol lows: Sector Gear type Operation type Seasonal allowances A season (in percent) B season (in percent) (1) ......................... Hook-and-Line ................................... Catcher vessel ................................... 0.70 0.70 (2) ......................... Hook-and-Line ................................... Catcher/Processor ............................. 10.90 8.90 (3) ......................... Trawl .................................................. Catcher vessel ................................... 31.54 6.86 (4) ......................... Trawl .................................................. Catcher/Processor ............................. 0.90 1.50 (5) ......................... Pot ...................................................... Catcher Vessel and Catcher/Proc essor. 19.80 18.20 (6) ......................... Nontrawl ............................................. Any ..................................................... 0.00 0.00 (B) Central GOA Regulatory Area—Jig sector. A portion of the annual Pacific cod TAC will be allocated to vessels with an FFP that use jig gear, as deter mined in the annual harvest specifica tion under paragraph (c)(7) of this sec tion, before TAC is apportioned among other non-jig sectors. Other Pacific cod sector allowances are apportioned after allocation to the jig sector based on gear type, operation type, and length overall as follows: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00678 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 669 Fishery Conservation and Management § 679.20 Sector Gear type Operation type Length overall in feet Seasonal allowances A season (in percent) B season (in percent) (1) .................. Hook-and-Line ................... Catcher vessel .................. <50 ............................. 9.31552 5.28678 (2) .................. Hook-and-Line ................... Catcher vessel .................. ≥50 ............................. 5.60935 1.09726 (3) .................. Hook-and-Line ................... Catcher/Processor ............. Any ............................. 4.10684 0.99751 (4) .................. Trawl .................................. Catcher vessel .................. Any ............................. 25.29364 16.29047 (5) .................. Trawl .................................. Catcher/Processor ............. Any ............................. 2.00334 2.19451 (6) .................. Pot ..................................... Catcher Vessel and Catch er/Processor. Any ............................. 17.82972 9.97506 (7) .................. Nontrawl ............................ Any .................................... Any ............................. 0.00 0.00 (ii) Reapportionment of TAC—(A) The Regional Administrator may apply any underage or overage of Pacific cod har vest by each sector from one season to the subsequent season. In adding or subtracting any underages or overages to the subsequent season, the Regional Administrator shall consider the inci dental catch and any catch in the di rected fishery by each sector. (B) If, during a fishing year, the Re gional Administrator determines that a sector will be unable to harvest the entire amount of Pacific cod allocated to that sector under (a)(12)(i)(A) or (B) of this section, the Regional Adminis trator will reallocate the projected un used amount of Pacific cod to other sectors through notification in the FEDERAL REGISTER. Any reallocation decision by the Regional Administrator would consider a reallocation of the projected unused allocation to the CV sectors first, then to the combined CV and C/P pot sector, and then to all other C/P sectors, taking into account the capability of a sector, as deter mined by the NMFS Alaska Regional Administrator, to harvest the remain ing Pacific cod TAC. (iii) Catch accounting—(A) Incidental Pacific cod harvested between the clo sure of the A season and opening of the B season shall be deducted from the B season TAC apportionment for that sector. (B) Each license holder that is as signed an LLP license with a catcher/ processor operation type endorsement that is not assigned a catcher vessel operation type endorsement under the provisions at § 679.4(k)(10)(vii)(A) and (B) shall have all incidental and direct catch of Pacific cod deducted from the catcher/processor sector allocation and gear type designation corresponding to the gear used by that vessel. (C) Holders of catcher/processor li censes assigned a Western GOA CV en dorsement, under the provisions at § 679.4(k)(10)(vii)(A) and (B), shall have all incidental and direct catch of Pa cific cod in the Western GOA deducted from the CV sector’s allocation and gear type designation corresponding to the gear used by that vessel in the Western GOA. (D) Holders of C/P licenses eligible to, and electing to receive a Central CV endorsement, under the provisions at § 679.4(k)(10)(vii)(A) and (B), shall have all incidental and direct catch of Pa cific cod in the Central GOA deducted from the CV sector’s allocation and gear type designation corresponding to the gear used by that vessel in the Cen tral GOA. (E) NMFS shall determine the length overall of a vessel operating in the Central GOA based on the length over all designated on the FFP assigned to that vessel. (iv) Processing caps for FFP licensed vessels. In the Western GOA, no more than 2 percent of the total Pacific cod TAC allocated to the Western GOA reg ulatory area can be delivered for proc essing to vessels operating under the authority of an FFP. (v) Processing caps for FPP licensed vessels operating as CQE floating proc essors. Harvesting vessels may deliver Pacific cod harvested in the directed Pacific cod TAC fishery, if the proc essing vessel receiving the Pacific cod— (A) Does not meet the definition of a stationary floating processor at § 679.2; (B) Is operating under the authority of an FPP license endorsed as a CQE floating processor; (C) Is located within the marine mu nicipal boundaries of a CQE commu nity in the State waters adjacent to VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00679 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 670 50 CFR Ch. VI (10–1–22 Edition) § 679.20 the Central or Western GOA as de scribed in Table 21 to this part; and (D) The total amount of Pacific cod received or processed by all CQE float ing processors does not exceed— (1) 3 percent of the total Western GOA Pacific cod TAC; or (2) 3 percent of the total Central GOA Pacific cod TAC. (b) Reserves—(1) BSAI—(i) Nonspecified reserve. Fifteen percent of the BSAI TAC for each target species, except pollock, the hook-and-line and pot gear allocation for sablefish, and the Amendment 80 species, which includes Pacific cod, is automatically placed in the nonspecified reserve before alloca tion to any sector. The remaining 85 percent of each TAC is apportioned to the initial TAC for each target species that contributed to the nonspecified re serve. The nonspecified reserve is not designated by species or species group. Any amount of the nonspecified reserve may be apportioned to target species that contributed to the nonspecified re serve, provided that such apportion ments are consistent with paragraph (a)(3) of this section and do not result in overfishing of a target species. (ii) CDQ reserves—(A) Pollock CDQ re serves—(1) Bering Sea. In the annual harvest specifications required by paragraph (c) of this section, 10 percent of the Bering Sea subarea pollock TAC will be allocated to a CDQ reserve as a directed fishing allowance. (2) Aleutian Islands subarea and Bogoslof District. In the annual harvest specifications required by paragraph (c) of this section, 10 percent of the Aleutian Islands subarea and Bogoslof District pollock TACs will be allocated to a CDQ reserve as a directed fishing allowance unless the Aleutian Islands subarea or Bogoslof District is closed to directed fishing for pollock by regu lation. If the Aleutian Islands subarea and/or Bogoslof District is closed to di rected fishing for pollock by regula tion, then no pollock CDQ reserve will be established for those areas and inci dental harvest of pollock by CDQ groups will accrue against the inci dental catch allowance for pollock es tablished under paragraph (a)(5)(i)(A)(1) of this section. (B) Fixed gear sablefish CDQ reserves. Twenty percent of the hook-and-line or pot gear allocation of sablefish estab lished under paragraphs (a)(4)(iii)(A) and (a)(4)(iv)(A) of this section will be allocated to a CDQ reserve for each subarea. (C) CDQ reserves for Amendment 80 spe cies. An amount equal to 10.7 percent of the BSAI TACs for Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod will be allocated to a CDQ reserve for each of these species by management area, subarea, or dis trict. (D) CDQ reserves for other groundfish species. (1) An amount equal to 10.7 per cent of the BSAI TACs for Bering Sea Greenland turbot and arrowtooth flounder, and 7.5 percent of the trawl gear allocation of sablefish in the BS and AI is apportioned from the non specified reserve established under paragraph (b)(1)(i) of this section to a CDQ reserve for each of these species by management area, subarea, or dis trict. (2) For all other groundfish species not specifically listed in paragraphs (b)(1)(ii)(A) through (b)(1)(ii)(D)(1) of this section, an amount equal to 10.7 percent of the BSAI TAC will be appor tioned to a CDQ reserve if NMFS, after consultation with the Council and in consideration of public comment, de termines in the annual harvest speci fications process under paragraph (c) of this section that a directed fishery in the BSAI exists for this species under section 305(i)(1)(B)(i) of the Magnuson Stevens Act. In making this deter mination, the Council and NMFS shall consider whether sufficient TAC exists to open a directed fishery for that spe cies in the BSAI and that this species or species group is economically viable for the CDQ group to target. (iii) ABC reserves. (A) ABC reserves are annually established for flathead sole, rock sole, and yellowfin sole. For each flatfish species, the ABC reserve is calculated as an amount less than or equal to the ABC surplus. NMFS, after consultation with the Council, may set the ABC reserve for flathead sole, rock sole, or yellowfin sole below the ABC surplus for that species based on social, economic, or ecological considerations. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00680 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 671 Fishery Conservation and Management § 679.20 (B) CDQ ABC reserves. An amount equal to 10.7 percent of the ABC re serves for flathead sole, rock sole, and yellowfin sole will be allocated to a CDQ ABC reserve. The CDQ ABC re serves will be: (1) Calculated during the annual har vest specifications described at para graph (c) of this section, as allocations to CDQ groups; and (2) Allocated to each CDQ group as described under § 679.31(b)(4). (C) Amendment 80 ABC reserves. Amendment 80 ABC reserves shall be calculated as the ABC reserves de scribed under paragraph (b)(1)(iii)(A) of this section as reduced by the CDQ ABC reserves under paragraph (b)(1)(iii)(B) of this section. The Amendment 80 ABC reserves will be: (1) Calculated during the annual har vest specifications described at para graph (c) of this section, as allocations to Amendment 80 cooperatives; and (2) Allocated to each Amendment 80 cooperative as described under § 679.91(i)(2). (2) GOA. Initial reserves are estab lished for pollock, Pacific cod, flatfish, octopuses, and sharks, which are equal to 20 percent of the TACs for these spe cies or species groups. (i) Pollock inshore-offshore reapportion ment. Any amounts of the GOA reserve that are reapportioned to pollock as provided by paragraph (b) of this sec tion must be apportioned for proc essing by the inshore component in the GOA and the offshore component in the GOA in the same proportions specified in paragraph (a)(6)(i) of this section. (ii) Pacific cod reapportionment. Any amounts of the GOA reserve that are reapportioned to the GOA Pacific cod fishery as provided by paragraph (b) of this section must be apportioned in the same proportion specified in para graphs (a)(6)(ii) and (a)(12)(i) of this section. (3) Apportionment of reserves—(i) Noti fication. (A) As soon as practicable after April 1, June 1, and August 1, and on such other dates as NMFS deter mines appropriate, NMFS will, by noti fication in the FEDERAL REGISTER, ap portion all or part of the BSAI or GOA reserve in accordance with this para graph (b). (B) No apportionment, retention, or PSC limit adjustment may take effect until notification has been published in the FEDERAL REGISTER with a state ment of the findings upon which the apportionment, retention, or adjust ment is based. (ii) Apportionment—(A) General. Ex cept as provided in paragraph (b)(3)(ii)(B) of this section, NMFS will apportion the amount of BSAI or GOA reserve that will be harvested by U.S. vessels during the remainder of the year. (B) Exception. Part or all of the BSAI or GOA reserve may be withheld if an apportionment would adversely affect the conservation of groundfish re sources or prohibited species. (iii) Public comment—(A) Prior com ment. NMFS will provide all interested persons an opportunity to comment on the proposed apportionments, reten tions, or PSC limit adjustments under this paragraph (b) before such appor tionments, retentions, or adjustments are made, unless NMFS finds that there is good cause for not providing a prior comment opportunity, and pub lishes the reasons therefor in the noti fication of apportionment, retention, or adjustment. (B) Submittal dates. Comments pro vided for in this paragraph (b)(3)(iii) must be received by NMFS not later than 5 days before April 1, June 1, and August 1, or other dates that may be specified. (C) Subsequent comment. If NMFS de termines for good cause that notifica tion of apportionment, retention or PSC limit adjustment must be issued without providing interested persons a prior opportunity for public comment, comments on the apportionment, re tention or adjustment will be received for a period of 15 days after its effective date. (D) Response to comments. NMFS will consider all timely comments in decid ing whether to make a proposed appor tionment, retention, or PSC limit ad justment or to modify an apportion ment, retention, or adjustment that previously has been made, and shall publish responses to those comments in the FEDERAL REGISTER as soon as prac ticable. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00681 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 672 50 CFR Ch. VI (10–1–22 Edition) § 679.20 (E) Data available. The Regional Ad ministrator will make available to the public during business hours the aggre gate data upon which any preliminary TAC or PSC limit figure is based or the data upon which any apportionment or retention of surplus or reserve, or PSC limit adjustment was or is proposed to be based. These data will be available for a sufficient period to facilitate in formed comment by interested persons. (c) Annual specifications—(1) Proposed specifications—(i) Notification. As soon as practicable after consultation with the Council, NMFS will publish pro posed specifications for the groundfish fisheries in the BSAI and the GOA. (ii) Public comment. NMFS will accept public comment on the proposed speci fications established by this section and by § 679.21 for a period specified in the notice of proposed specifications published in the FEDERAL REGISTER. (iii) GOA. The proposed specifications will specify for up to two fishing years the annual TAC for each target species and apportionments thereof, halibut prohibited species catch amounts, and seasonal allowances of pollock and Pa cific cod. (iv) BSAI. (A) The proposed harvest specifications will specify for up to two fishing years the annual TAC for each target species and apportionments thereof, PSQ reserves and prohibited species catch allowances, seasonal al lowances of pollock, Pacific cod, and Atka mackerel TAC (including pollock, Pacific cod, and Atka mackerel CDQ), and CDQ reserves. (B) The proposed harvest specifica tions will specify for up to two fishing years the ABC surpluses, ABC reserves, CDQ ABC reserves, CDQ ABC reserves for each CDQ group, Amendment 80 ABC reserves, and Amendment 80 ABC reserves for each Amendment 80 coop erative for flathead sole, rock sole, and yellowfin sole. (2) [Reserved] (3) Final specifications—(i) Procedure and notification. NMFS will consider comments received on the proposed specifications and, after consultation with the Council, will publish a notice of final specifications in the FEDERAL REGISTER unless NMFS determines that the final specifications would not be a logical outgrowth of the notice of proposed specifications. In that event, NMFS will either: (A) Publish a revised notice of pro posed specifications in the FEDERAL REGISTER for public comment, and after considering comments received on the revised proposed specifications, publish a notice of final specifications in the FEDERAL REGISTER; or (B) Publish a notice of final specifica tions in the FEDERAL REGISTER without an additional opportunity for public comment based on a finding that good cause pursuant to the Administrative Procedure Act justifies waiver of the requirement for a revised notice of pro posed specifications and opportunity for public comment thereon. (ii) GOA. The final specifications will specify for up to two fishing years the annual TAC for each target species and apportionments thereof, halibut pro hibited species catch amounts, and sea sonal allowances of pollock and Pacific cod. (iii) BSAI. (A) The final harvest spec ifications will specify for up to two fishing years the annual TAC for each target species and apportionments thereof, PSQ reserves and prohibited species catch allowances, seasonal al lowances of pollock (including pollock, Pacific cod, and Atka mackerel CDQ), and CDQ reserves. (B) The final harvest specifications will specify for up to two fishing years the annual ABC surpluses, ABC re serves, CDQ ABC reserves, CDQ ABC reserves for each CDQ group, Amend ment 80 ABC reserves, and Amendment 80 ABC reserves for each Amendment 80 cooperative for flathead sole, rock sole, and yellowfin sole. (4) AFA and inshore/offshore alloca tions—(i) BSAI pollock. The annual har vest specifications will specify the allo cation of pollock for processing by each AFA industry component in the BSAI, and any seasonal allowances thereof, as authorized under paragraph (a)(5) of this section. (ii) GOA pollock. The annual harvest specifications will specify the alloca tion of GOA pollock for processing by the inshore component in the GOA and the offshore component in the GOA, and any seasonal allowances thereof, as authorized under paragraphs (a)(5) and (a)(6) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00682 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 673 Fishery Conservation and Management § 679.20 (iii) Eastern GOA Pacific cod. The an nual harvest specifications will specify the allocation of Eastern GOA Pacific cod for processing by the inshore com ponent and the offshore component, and any seasonal allowances thereof, as authorized under paragraph (a)(6) of this section. (5) BSAI Pacific cod gear allocations. The proposed and final specifications will specify the allocation of BSAI Pa cific cod among gear types as author ized under paragraph (a)(7) of this sec tion. (6) BSAI Atka mackerel allocations. The proposed and final harvest speci fications will specify the allocation of BSAI Atka mackerel among gear types as authorized under paragraph (a)(8) of this section. (7) Western and Central GOA Pacific cod allocations. The proposed and final harvest specifications will specify the allocation of GOA Pacific cod among gear types and any seasonal allowances thereof, as authorized under paragraph (a)(12) of this section. (d) Fishery closures—(1) Directed fish ing allowance—(i) General. If the Re gional Administrator determines that any allocation or apportionment of a target species specified under para graph (c) of this section has been or will be reached, the Regional Adminis trator may establish a directed fishing allowance for that species or species group. (ii) Specified fishery amounts—(A) Inseason adjustments. The category allo cations or apportionments established under paragraph (c) of this section may be revised by inseason adjustments, as defined at § 679.25, for a given species or species group or pollock allowance, as identified by regulatory area, subarea, or district, and, if applicable, as fur ther identified by gear type. (B) Incidental catch. In establishing a directed fishing allowance, the Re gional Administrator shall consider the amount of the allocation or apportion ment established under paragraph (c) of this section that will be taken as in cidental catch in directed fishing for other species in the same subarea, reg ulatory area, or district. (iii) Directed fishing closure—(A) Noti fication. If the Regional Administrator establishes a directed fishing allowance for a fishery allocation or apportion ment under this paragraph (d), and that allowance has been or will be reached before the end of the fishing season or year, NMFS will publish no tification in the FEDERAL REGISTER prohibiting directed fishing in the specified subarea, regulatory area, or district. (B) Retention of incidental species. Ex cept as described in § 679.20(e)(3)(iii) and § 679.20(j), if directed fishing for a tar get species or species group is prohib ited, a vessel may not retain that inci dental species in an amount that ex ceeds the maximum retainable amount, as calculated under para graphs (e) and (f) of this section, at any time during a fishing trip. (iv) AFA sideboard limitations—(A) If the Regional Administrator determines that any sideboard harvest limit for a group of AFA vessels established under § 679.64 has been or will be reached, the Regional Administrator may establish a sideboard directed fishing allowance for the species or species group applica ble only to the identified group of AFA vessels. (B) In establishing a directed fishing allowance under paragraph (d)(1)(iv)(A) of this section, the Regional Adminis trator will consider the amount of the sideboard limit established for a group of AFA vessels under § 679.64 that will be taken as incidental catch by those vessels in directed fishing for other species. (C) If the Regional Administrator de termines that a sideboard amount is insufficient to support a directed fish ery for that species then the Regional Administrator may set the sideboard directed fishing allowance at zero for that species or species group. (D) Species or species groups for which directed fishing for sideboard limits by AFA vessels is prohibited are listed in Tables 54, 55, and 56 to this part. (v) Amendment 80 GOA sideboard lim its—GOA groundfish. (A) If the Regional Administrator determines that a GOA sideboard limit for a GOA groundfish species as described under Table 37 to this part is sufficient to support a di rected fishing allowance for that spe cies, the Regional Administrator may establish a directed fishing allowance VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00683 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 674 50 CFR Ch. VI (10–1–22 Edition) § 679.20 for the species applicable only to Amendment 80 vessels subject to the GOA groundfish sideboard limit. (B) If the Regional Administrator de termines that a GOA groundfish sideboard limit as described under Table 37 to this part is insufficient to support a directed fishing allowance by Amendment 80 vessels for that species, then the Regional Administrator may set the directed fishing allowance to zero for that species for Amendment 80 vessels. (C) Upon determining that a GOA sideboard limit as described under Table 37 to this part for a species is or will be reached, the Regional Adminis trator will publish notification in the FEDERAL REGISTER prohibiting directed fishing for that species by the Amend ment 80 vessels to which the GOA sideboard limit applies. (vi) Amendment 80 GOA sideboard lim its—halibut PSC. (A) If the Regional Ad ministrator determines that a GOA sideboard limit for halibut PSC is suffi cient to support a directed fishery for a species or species group, management area, and season specified in Table 38 to this part, then the Regional Admin istrator may establish a halibut PSC sideboard limit for that species or spe cies group, management area, and sea son applicable to the Amendment 80 vessels to which the halibut PSC limit applies. (B) If the Regional Administrator de termines that a halibut PSC sideboard limit is insufficient to support a di rected fishery for a species or species group, management area, and season as specified in Table 38 to this part then the Regional Administrator may set the halibut PSC sideboard limit for that species or species group to zero for the Amendment 80 vessels to which the halibut PSC limit applies. (C) Upon determining that a halibut PSC sideboard limit for a species or species group, management area, and season as specified in Table 38 to this part is or will be reached, the Regional Administrator will publish notification in the FEDERAL REGISTER prohibiting directed fishing for a specific species or species group by the Amendment 80 vessels to which the halibut PSC limit applies as follows: (1) If the halibut PSC sideboard limit is reached for the deep-water species fishery as defined in § 679.21(d)(3)(iii)(B) for a season, then NMFS will close di rected fishing in the GOA for all spe cies in the deep-water species fishery except northern rockfish, Pacific ocean perch, and dusky rockfish in the Cen tral GOA for that season. (2) If the halibut PSC sideboard limit is reached for the shallow-water species fishery as defined in § 679.21(d)(3)(iii)(A) for a season, then NMFS will close di rected fishing in the GOA for all spe cies in the shallow-water species fish ery for that season. (2) Groundfish as prohibited species clo sure. When the Regional Administrator determines that the TAC of any target species specified under paragraph (c) of this section, or the share of any TAC assigned to any type of gear, has been or will be achieved prior to the end of a year, NMFS will publish notification in the FEDERAL REGISTER requiring that target species be treated in the same manner as a prohibited species, as described under § 679.21(a), for the re mainder of the year, except rockfish species caught by catcher vessels using hook-and-line, pot, or jig gear as de scribed in § 679.20(j). (3) Overfishing closure—(i) Notification. If, in making a determination under paragraph (d)(2) of this section, the Re gional Administrator also determines that fishing for other target species or species groups in the area, district or part thereof where the notification ap plies, may lead to the overfishing of the species or species group for which the allocation or apportionment has been or will be reached, NMFS will publish notification in the FEDERAL REGISTER specifying limitations or pro hibitions designed to prevent over fishing of that species or species group. (ii) Limitations and prohibitions. These limitations and prohibitions may pro hibit directed fishing for other species or species groups in the area, district, or part thereof where the notification applies, or may limit time, area, or gear types that may be used in directed fishing for the other species or species groups. (iii) Factors to be considered. When making the determinations specified under paragraphs (d)(1), (d)(2), and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00684 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 675 Fishery Conservation and Management § 679.20 (d)(3) of this section, the Regional Ad ministrator may consider allowing fishing to continue or resume with cer tain gear types or in certain areas and times based on findings of: (A) The risk of biological harm to a groundfish species or species group for which the TAC or PSC limit is or will be reached. (B) The risk of socioeconomic harm to authorized users of the groundfish for which the TAC or PSC limit will be or has been reached. (C) The impact that the continued closure might have on the socio economic well-being of other domestic fisheries. (4) Harvest control for pollock, Atka mackerel, and Pacific cod. If a biological assessment of stock condition for pol lock, Pacific cod, or Atka mackerel within an area projects that the spawn ing biomass in that area will be equal to or below 20 percent of the projected unfished spawning biomass during a fishing year, the Regional Adminis trator will prohibit the directed fishery for the relevant species within the area. The Regional Administrator will prohibit the directed fishery under this paragraph by notification published in the FEDERAL REGISTER. The directed fishery will remain closed until a sub sequent biological assessment projects that the spawning biomass for the spe cies in the area will exceed 20 percent of the projected unfished spawning bio mass during a fishing year. (e) Maximum retainable amounts (MRA)—(1) Proportion of basis species. The maximum retainable amount of an incidental catch species is calculated as a proportion of the basis species re tained on board the vessel using: (i) The retainable percentages in Table 10 to this part for the GOA spe cies categories (except the Rockfish Program fisheries, which are described in Table 30 to this part for the Rock fish Program fisheries); and (ii) Table 11 to this part for the BSAI species categories. (2) Calculation. (i) To calculate the maximum retainable amount for a spe cific incidental catch species, an indi vidual retainable amount must be cal culated with respect to each basis spe cies that is retained on board that ves sel. (ii) To obtain these individual retainable amounts, multiply the ap propriate retainable percentage for the incidental catch species/basis species combination, set forth in Table 10 to this part for the GOA species cat egories (except the Rockfish Program fisheries, which are described in Table 30 to this part for the Rockfish Pro gram fisheries), and Table 11 to this part for the BSAI species categories, by the amount of that basis species, in round-weight equivalents. (iii) The maximum retainable amount for that specific incidental catch species is the sum of the indi vidual retainable amount. (3) Application. (i) For catcher ves sels, the maximum retainable amount for vessels fishing during a fishing trip in areas closed to directed fishing is the lowest maximum retainable amount applicable in any area, and this maximum retainable amount must be applied at any time and to all areas for the duration of the fishing trip. (ii) For catcher/processors fishing in an area closed to directed fishing for a species or species group, the maximum retainable amount for that species or species group applies at any time for the duration of the fishing trip. (iii) For all vessels not listed in sub part F of this section, the maximum retainable amount for pollock har vested in the BSAI is calculated at the end of each offload and is based on the basis species harvested since the pre vious offload. For purposes of this paragraph, offload means the removal of any fish or fish product from the vessel that harvested the fish or fish product to any other vessel or to shore. (iv) The maximum retainable amount for groundfish harvested in the Central GOA by a catcher/processor vessel fish ing under a rockfish CQ permit is cal culated at the end of each weekly re porting period, and is based on the basis species defined in Table 30 har vested since the previous weekly re porting period, or for any portion of a weekly reporting period that vessel was designated under a vessel check-in as specified in § 679.5(r)(8). (v) For all vessels not listed in sub part F of this section, the maximum retainable amount for Atka mackerel harvested in the Bering Sea subarea is VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00685 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 676 50 CFR Ch. VI (10–1–22 Edition) § 679.20 calculated at the end of each offload and is based on the basis species har vested since the previous offload. For purposes of this paragraph, offload means the removal of any fish or fish product from the vessel that harvested the fish or fish product to any other vessel or to shore. (f) Directed fishing calculations and de terminations—(1) Round-weight equiva lents. Any determination concerning di rected fishing, the amount or percent age of any species, species group, or any fish or fish products must be cal culated in round-weight equivalents. (2) Retainable amounts. Any ground fish species for which directed fishing is closed may not be used to calculate retainable amounts of other groundfish species. Only fish harvested under the CDQ Program may be used to calculate retainable amounts of other CDQ spe cies. (g) Allowable retention of pollock roe— (1) Percentage of pollock roe. (i) Pollock roe retained on board a vessel at any time during a fishing trip must not ex ceed the following percentages of the total round-weight equivalent of pol lock, as calculated from the primary pollock product on board the vessel during the same fishing trip: (A) 7 percent in the Gulf of Alaska, and (B) 9 percent in the Bering Sea and Aleutian Islands. (ii) Determinations of allowable re tention of pollock roe will be based on amounts of pollock harvested, re ceived, or processed during a single fishing trip. (iii) Pollock or pollock products from previous fishing trips that are retained on board a vessel may not be used to determine the allowable retention of pollock roe for that vessel. (2) Primary product. (i) For purposes of this paragraph (g), only one primary pollock product per fish, other than roe, may be used to calculate the round-weight equivalent. (ii) A primary pollock product that contains roe (such as headed and gut ted pollock with roe) may not be used to calculate the round-weight equiva lent of pollock. (iii) The primary pollock product must be distinguished from ancillary pollock products in eLandings required under § 679.5(e)(9)(i)(D) and § 679.5(e)(10)(iii)(H) (see also Table 1c to this part). (3) Pollock product recovery rates (PRRs). Use the product types and standard PRRs for pollock found in Table 3 to this part to calculate round weight equivalents for pollock for pur poses of this paragraph (g). (4) Calculation of retainable pollock roe—(i) Round-weight equivalent. (A) To calculate the amount of pollock roe that can be retained on board during a fishing trip, first calculate the round weight equivalent by dividing the total amount of primary product on board by the appropriate PRR. (B) To determine the maximum amount of pollock roe that can be re tained on board a vessel during the same fishing trip, multiply the round weight equivalent by 0.07 in the Gulf of Alaska or 0.09 in the Bering Sea and Aleutian Islands. (C) Pollock roe retained on board from previous fishing trips will not be counted. (ii) Two or more products from different fish. (A) If two or more products, other than roe, are made from different fish, round-weight equivalents are cal culated separately for each product. (B) To determine the maximum amount of pollock roe that can be re tained on board a vessel during a fish ing trip, add the round-weight equiva lents together; then, multiply the sum by 0.07 in the Gulf of Alaska or 0.09 in the Bering Sea and Aleutian Islands. (iii) Two or more products from same fish. If two or more products, other than roe, are made from the same fish, the maximum amount of pollock roe that can be retained during a fishing trip is determined from the primary product. (5) Primary pollock product—(i) Process prior to transfer. Any primary pollock product used to calculate retainable amounts of pollock roe must be frozen, canned, or reduced to meal by the ves sel retaining the pollock roe prior to any transfer of the product to another vessel. (ii) No discard of processed product. Any pollock product that has been processed may not be discarded at sea unless such discarding is necessary to meet other requirements of this part. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00686 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 677 Fishery Conservation and Management § 679.20 (h) Standard product types and stand ard PRRs—(1) Calculating round-weight equivalents from standard PRRs. Round weight equivalents for groundfish prod ucts are calculated using the product codes and standard PRRs specified in Table 3 to this part. (2) Adjustments. The Regional Admin istrator may adjust standard PRRs and product types specified in Table 3 to this part if he or she determines that existing standard PRRs are inaccurate or if new product types are developed. (i) Adjustments to any standard PRR listed in Table 3 to this part that are within and including 15 percent of that standard PRR may be made without providing notification and opportunity for prior public comment. (ii) Adjustments of any standard PRR during a calendar year, when ag gregated with all other adjustments made during that year, will not exceed 15 percent of the standard PRR listed in Table 3 to this part at the beginning of that calendar year. (iii) No new product type will be an nounced until NMFS publishes the pro posed adjustment and/or new product type in the FEDERAL REGISTER and pro vides the public with at least 30 days opportunity for public comment. (iv) Any adjustment of a PRR that acts to further restrict the fishery will not be effective until 30 days after the date of publication in the FEDERAL REGISTER. (v) If NMFS makes any adjustment or announcement without providing a prior notification and opportunity for prior public comment, the Regional Administrator will receive public com ments on the adjustment or announce ment for a period of 15 days from the date of publication in the FEDERAL REGISTER. (i) Forage fish, grenadiers, squids, and sculpins—(1) Definition. See Table 2c to this part. (2) Applicability. The provisions of this paragraph (i) apply to all vessels fishing for groundfish in the BSAI or GOA, and to all vessels processing groundfish harvested in the BSAI or GOA. (3) Closure to directed fishing. Directed fishing for forage fish, grenadiers, squids, and sculpins is prohibited at all times in the BSAI and GOA. (4) Limits on sale, barter, trade, and processing of forage fish and grenadiers. The sale, barter, trade, or processing of forage fish and grenadiers is prohib ited, except as provided in paragraph (i)(5) of this section. (5) Allowable fishmeal production of forage fish and grenadiers. Retained catch of forage fish or grenadiers not exceeding the maximum retainable amount may be processed into fishmeal for sale, barter, or trade. (6) Allowable fish products for squids and sculpins. Retained catch of squids and sculpins not exceeding the max imum retainable amount may be sold to a processor or processed into any product form, including (but not lim ited to) fishmeal, bait, and whole fish/ food fish, for sale, barter, or trade. (j) Full retention of rockfish by catcher vessels using hook-and-line, pot, or jig gear—(1) Retention and landing require ments. The operator of a catcher vessel that is required to have a Federal fish eries permit using hook-and-line, pot, or jig gear, must retain and land all rockfish that is caught while fishing for groundfish or IFQ or CDQ halibut in the BSAI or GOA. (2) Maximum commerce allowance (MCA) for rockfish in the BSAI and GOA. Except as described in §§ 679.20(j)(3) and (4), when rockfish is closed to directed fishing, the operator of a catcher vessel that is required to have a Federal fish eries permit under § 679.4(b), or the manager of a shoreside processor that is required to have a Federal processor permit under § 679.4(f), must dispose of rockfish retained and landed in accord ance with paragraph (j)(1) of this sec tion as follows: (i) A person may sell, barter, or trade a round weight equivalent amount of rockfish that is less than or equal to 15 percent of the aggregate round weight equivalent of IFQ halibut and ground fish species, other than rockfish, that are landed during the same fishing trip. (ii) A person may sell, barter, or trade a round weight equivalent amount of yelloweye rockfish that is less than or equal to 5 percent of the aggregate round weight equivalent of IFQ halibut and groundfish species, other than rockfish, that are landed during the same fishing trip. The ag gregate amount of all rockfish species VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00687 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 678 50 CFR Ch. VI (10–1–22 Edition) § 679.21 sold, bartered, or traded cannot exceed the MCA established under paragraph (j)(2)(i) of this section. (iii) Amounts of rockfish retained by catcher vessels under paragraphs (j)(2)(i) and (ii) of this section that are in excess of the limits specified in paragraphs (j)(2)(i) and (ii) of this sec tion may be put to any use, including but not limited to personal consump tion or donation, but must not enter commerce through sale, barter, or trade except as fish meal. (3) MCA of DSR in Southeast Outside District of the GOA (SEO) when closed to directed fishing. When DSR is closed to directed fishing in the SEO, the oper ator of a catcher vessel that is required to have a Federal fisheries permit under § 679.4(b), or the manager of a shoreside processor that is required to have a Federal processor permit under § 679.4(f), must dispose of DSR retained and landed in accordance with para graph (j)(1) of this section as follows: (i) A person may sell, barter, or trade a round weight equivalent amount of DSR that is less than or equal to 10 percent of the aggregate round weight equivalent of IFQ halibut and ground fish species, other than sablefish, that are landed during the same fishing trip. The aggregate amount of all rockfish species sold, bartered, or traded cannot exceed the MCA established under paragraph (j)(2)(i) of this section. (ii) A person may sell, barter, or trade a round weight equivalent amount of DSR that is less than or equal to 1 percent of the aggregate round weight equivalent of IFQ sable fish that are landed during the same fishing trip. The aggregate amount of all rockfish species sold, bartered, or traded cannot exceed the MCA estab lished under paragraph (j)(2)(i) of this section. (iii) Amounts of DSR retained by catcher vessels under paragraph (j)(1) of this section that are in excess of the limits specified in paragraphs (j)(3)(i) and (ii) of this section may be put to any use, including but not limited to personal consumption or donation, but must not enter commerce through sale, barter, or trade except as fish meal. (4) MCA for rockfish when on prohib ited species status. When a rockfish spe cies is placed on prohibited species sta tus under § 679.20(d)(2), the MCA is set to 0 percent and no amount of that rockfish species may enter commerce through sale, barter, or trade except as fish meal. The operator of a catcher vessel that is required to have a Fed eral fisheries permit under § 679.4(b), or the manager of a shoreside processor that is required to have a Federal proc essor permit under § 679.4(f), may put rockfish retained and landed in excess of the MCA specified in this paragraph to any use, including but not limited to personal consumption or donation, but such rockfish must not enter com merce through sale, barter, or trade ex cept as fish meal. [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.20, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.21 Prohibited species bycatch management. (a) General. (1) See § 679.2 and Table 2b to this part for definition of prohibited species. (2) Prohibited species catch restrictions. The operator of each vessel engaged in directed fishing for groundfish in the GOA or BSAI must: (i) Minimize its catch of prohibited species. (ii) After allowing for sampling by an observer, if an observer is aboard, sort its catch immediately after retrieval of the gear and, except for salmon prohib ited species catch in the BS pollock fisheries and GOA groundfish fisheries under paragraph (f) or (h) of this sec tion, or any prohibited species catch as provided (in permits issued) under the PSD program at § 679.26, return all pro hibited species, or parts thereof, to the sea immediately, with a minimum of injury, regardless of its condition. (3) Rebuttable presumption. Except as provided under paragraphs (f) and (h) of this section and § 679.26, there will be a rebuttable presumption that any pro hibited species retained on board a fishing vessel regulated under this part was caught and retained in violation of this section. (4) Prohibited species taken seaward of the EEZ off Alaska. No vessel fishing for groundfish in the GOA or BSAI may VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00688 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 679 Fishery Conservation and Management § 679.21 have on board any species listed in this paragraph (a) that was taken in waters seaward of these management areas, regardless of whether retention of such species was authorized by other appli cable laws. (5) Sablefish as a prohibited species. (See § 679.24(c)(2)(ii).) (6) Addresses. Unless otherwise speci fied, submit information required under this section to NMFS as follows: by mail to the Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802; by courier to the Office of the Regional Administrator, 709 West 9th St., Juneau, AK 99801; or by fax to 907– 586–7465. Forms are available on the NMFS Alaska Region Web site (http:// alaskafisheries.noaa.gov/). (b) BSAI halibut PSC limits—(1) Estab lishment of BSAI halibut PSC limits. Sub ject to the provisions in paragraphs (b)(1)(i) through (iv) of this section, the following four BSAI halibut PSC limits are established, which total 3,515 mt: Amendment 80 sector—1,745 mt; BSAI trawl limited access sector—745 mt; BSAI non-trawl sector—710 mt; and CDQ Program—315 mt (established as a PSQ reserve). (i) Amendment 80 sector. The PSC limit of halibut caught while con ducting any fishery in the Amendment 80 sector is an amount of halibut equiv alent to 1,745 mt of halibut mortality. Halibut PSC limits within the Amend ment 80 sector will be established for Amendment 80 cooperatives and the Amendment 80 limited access fishery according to the procedure and for mulae in § 679.91(d) and (f). If halibut PSC is assigned to the Amendment 80 limited access fishery, it will be appor tioned into PSC allowances for trawl fishery categories according to the pro cedure in paragraphs (b)(1)(ii)(A)(2) and (3) of this section. (ii) BSAI trawl limited access sector— (A) General. (1) The PSC limit of hal ibut caught while conducting any fish ery in the BSAI trawl limited access sector is an amount of halibut equiva lent to 745 mt of halibut mortality. (2) NMFS, after consultation with the Council, will apportion the PSC limit set forth under paragraph (b)(1)(ii)(A)(1) of this section into PSC allowances for the trawl fishery cat egories defined in paragraphs (b)(1)(ii)(B)(1) through (6) of this sec tion. (3) Apportionment of the trawl hal ibut PSC limit set forth under para graph (b)(1)(ii)(A)(1) of this section among the trawl fishery categories will be based on each category’s propor tional share of the anticipated halibut PSC during a fishing year and the need to optimize the amount of total groundfish harvested under the halibut PSC limit for this sector. (4) The sum of all PSC allowances for this sector will equal the PSC limit set forth under paragraph (b)(1)(ii)(A)(1) of this section. (B) Trawl fishery categories. For pur poses of apportioning the trawl PSC limit set forth under paragraph (b)(1)(ii)(A)(1) of this section among trawl fisheries, the following fishery categories are specified and defined in terms of round-weight equivalents of those groundfish species or species groups for which a TAC has been speci fied under § 679.20. (1) Midwater pollock fishery. Fishing with trawl gear during any weekly re porting period that results in a catch of pollock that is 95 percent or more of the total amount of groundfish caught during the week. (2) Flatfish fishery. Fishing with trawl gear during any weekly reporting pe riod that results in a retained aggre gate amount of rock sole, ‘‘other flat fish,’’ and yellowfin sole that is greater than the retained amount of any other fishery category defined under this paragraph (b)(1)(ii)(B). (i) Yellowfin sole fishery. Fishing with trawl gear during any weekly reporting period that is defined as a flatfish fish ery under this paragraph (b)(1)(ii)(B)(2) and results in a retained amount of yellowfin sole that is 70 percent or more of the retained aggregate amount of rock sole, ‘‘other flatfish,’’ and yel lowfin sole. (ii) Rock sole/flathead sole/Alaska plaice/‘‘other flatfish’’ fishery. Fishing with trawl gear during any weekly re porting period that is defined as a flat fish fishery under this paragraph (b)(1)(ii)(B)(2) and is not a yellowfin sole fishery as defined under paragraph (b)(1)(ii)(B)(2)(i) of this section. (3) Greenland turbot/arrowtooth floun der/Kamchatka flounder/sablefish fishery. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00689 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 680 50 CFR Ch. VI (10–1–22 Edition) § 679.21 Fishing with trawl gear during any weekly reporting period that results in a retained aggregate amount of Green land turbot, arrowtooth flounder, Kamchatka flounder, and sablefish that is greater than the retained amount of any other fishery category defined under this paragraph (b)(1)(ii)(B). (4) Rockfish fishery. Fishing with trawl gear during any weekly reporting period that results in a retained aggre gate amount of rockfish species that is greater than the retained amount of any other fishery category defined under this paragraph (b)(1)(ii)(B). (5) Pacific cod fishery. Fishing with trawl gear during any weekly reporting period that results in a retained aggre gate amount of Pacific cod that is greater than the retained amount of any other groundfish fishery category defined under this paragraph (b)(1)(ii)(B). (6) Pollock/Atka mackerel/‘‘other spe cies.’’ Fishing with trawl gear during any weekly reporting period that re sults in a retained aggregate amount of pollock other than pollock harvested in the midwater pollock fishery defined under paragraph (b)(1)(ii)(B)(1) of this section, Atka mackerel, and ‘‘other species’’ that is greater than the re tained amount of any other fishery cat egory defined under this paragraph (b)(1)(ii)(B). (C) Halibut PSC in midwater pollock fishery. Any amount of halibut that is incidentally taken in the midwater pollock fishery, as defined in paragraph (b)(1)(ii)(B)(1) of this section, will be counted against the halibut PSC allow ance specified for the pollock/Atka mackerel/‘‘other species’’ category, as defined in paragraph (b)(1)(ii)(B)(6) of this section. (iii) BSAI Non-trawl Sector—(A) Gen eral. (1) The PSC limit of halibut caught while conducting any fishery in the BSAI non-trawl sector is an amount of halibut equivalent to 710 mt of halibut mortality. (2) NMFS, after consultation with the Council, will apportion the PSC limit set forth under paragraph (b)(1)(iii)(A)(1) into PSC allowances for the non-trawl fishery categories de fined under paragraph (b)(1)(iii)(B) of this section. (3) Apportionment of the non-trawl halibut PSC limit of 710 mt among the non-trawl fishery categories will be based on each category’s proportional share of the anticipated halibut PSC during a fishing year and the need to optimize the amount of total ground fish harvested under the halibut PSC limit for this sector. (4) The sum of all PSC allowances for this sector will equal the PSC limit set forth under paragraph (b)(1)(iii)(A)(1) of this section. (B) Non-trawl fishery categories. For purposes of apportioning the non-trawl halibut PSC limit among fisheries, the following fishery categories are speci fied and defined in terms of round weight equivalents of those BSAI groundfish species for which a TAC has been specified under § 679.20. (1) Pacific cod hook-and-line catcher vessel fishery. Catcher vessels fishing with hook-and-line gear during any weekly reporting period that results in a retained catch of Pacific cod that is greater than the retained amount of any other groundfish species. (2) Pacific cod hook-and-line catcher/ processor fishery. Catcher/processors fishing with hook-and-line gear during any weekly reporting period that re sults in a retained catch of Pacific cod that is greater than the retained amount of any other groundfish spe cies. (3) Sablefish hook-and-line fishery. Fishing with hook-and-line gear during any weekly reporting period that re sults in a retained catch of sablefish that is greater than the retained amount of any other groundfish spe cies. (4) Groundfish jig gear fishery. Fishing with jig gear during any weekly report ing period that results in a retained catch of groundfish. (5) Groundfish pot gear fishery. Fishing with pot gear under restrictions set forth in § 679.24(b) during any weekly reporting period that results in a re tained catch of groundfish. (6) Other non-trawl fisheries. Fishing for groundfish with non-trawl gear dur ing any weekly reporting period that results in a retained catch of ground fish and does not qualify as a Pacific VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00690 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 681 Fishery Conservation and Management § 679.21 cod hook-and-line catcher vessel fish ery, a Pacific cod hook-and-line catch er/processor fishery, a sablefish hook and-line fishery, a jig gear fishery, or a groundfish pot gear fishery as defined under paragraphs (b)(1)(iii)(B)(1) through (5) of this section. (iv) CDQ Program. The PSC limit of halibut caught while conducting any fishery in the CDQ Program is an amount of halibut equivalent to 315 mt of halibut mortality. The PSC limit to the CDQ Program will be treated as a Prohibited Species Quota (PSQ) reserve to the CDQ Program for all purposes under 50 CFR part 679 including §§ 679.31 and 679.7(d)(3). The PSQ limit is not ap portioned by gear, fishery, or season. (2) Seasonal apportionments of BSAI halibut PSC allowances—(i) General. NMFS, after consultation with the Council, may apportion a halibut PSC allowance on a seasonal basis. (ii) Factors to be considered. NMFS will base any seasonal apportionment of a PSC allowance on the following types of information: (A) Seasonal distribution of prohib ited species; (B) Seasonal distribution of target groundfish species relative to prohib ited species distribution; (C) Expected PSC needs on a seasonal basis relevant to change in prohibited species biomass and expected catches of target groundfish species; (D) Expected variations in PSC rates throughout the fishing year; (E) Expected changes in directed groundfish fishing seasons; (F) Expected start of fishing effort; or (G) Economic effects of establishing seasonal prohibited species apportion ments on segments of the target groundfish industry. (iii) Seasonal trawl fishery PSC allow ances—(A) Unused seasonal apportion ments. Unused seasonal apportionments of trawl fishery PSC allowances made under paragraph (b)(2) of this section will be added to its respective fishery PSC allowance for the next season dur ing a current fishing year. (B) Seasonal apportionment exceeded. If a seasonal apportionment of a trawl fishery PSC allowance made under paragraph (b)(2) of this section is ex ceeded, the amount by which the sea sonal apportionment is exceeded will be deducted from its respective appor tionment for the next season during a current fishing year. (iv) Seasonal non-trawl fishery PSC al lowances—(A) Unused seasonal appor tionments. Any unused portion of a sea sonal non-trawl fishery PSC allowance made under paragraph (b)(2) of this sec tion will be reapportioned to the fish ery’s remaining seasonal PSC allow ances during a current fishing year in a manner determined by NMFS, after consultation with the Council, based on the types of information listed under paragraph (b)(2)(ii) of this sec tion. (B) Seasonal apportionment exceeded. If a seasonal apportionment of a non trawl fishery PSC allowance made under paragraph (b)(2) of this section is exceeded, the amount by which the sea sonal apportionment is exceeded will be deducted from the fishery’s remain ing seasonal PSC allowances during a current fishing year in a manner deter mined by NMFS, after consultation with the Council, based on the types of information listed under paragraph (b)(2)(ii) of this section. (3) Notification of allowances—(i) Gen eral. NMFS will publish in the FEDERAL REGISTER, for up to two fishing years, the proposed and final BSAI halibut PSC allowances, the seasonal appor tionments thereof, and the manner in which seasonal apportionments of non trawl fishery PSC allowances will be managed. (ii) Public comment. Public comment will be accepted by NMFS on the pro posed PSC allowances seasonal appor tionments thereof, and the manner in which seasonal apportionments of non trawl fishery PSC allowances will be managed, for a period specified in the notice of proposed specifications pub lished in the FEDERAL REGISTER. (4) Management of BSAI halibut PSC allowances—(i) Trawl sector—Amendment 80 limited access fishery and BSAI trawl limited access sector: closures—(A) Excep tion. When a PSC allowance, or sea sonal apportionment thereof, specified for the pollock/Atka mackerel/‘‘other species’’ fishery category, as defined in paragraph (b)(1)(ii)(B)(6) of this section is reached, only directed fishing for VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00691 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 682 50 CFR Ch. VI (10–1–22 Edition) § 679.21 pollock is closed to trawl vessels using nonpelagic trawl gear. (B) Closures. Except as provided in paragraph (b)(4)(i)(A) of this section, if, during the fishing year, the Regional Administrator determines that U.S. fishing vessels participating in any of the trawl fishery categories listed in paragraphs (b)(1)(ii)(B)(2) through (6) of this section will catch the halibut PSC allowance, or seasonal apportionment thereof, specified for that fishery cat egory under paragraph (b)(1)(i) or (b)(1)(ii) of this section, NMFS will publish in the FEDERAL REGISTER the closure of the entire BSAI to directed fishing for each species and/or species group in that fishery category for the remainder of the year or for the re mainder of the season. (ii) BSAI non-trawl sector: closures. If, during the fishing year, the Regional Administrator determines that U.S. fishing vessels participating in any of the non-trawl fishery categories listed under paragraph (b)(1)(iii) of this sec tion will catch the halibut PSC allow ance, or seasonal apportionment there of, specified for that fishery category under paragraph (b)(1)(iii) of this sec tion, NMFS will publish in the FED ERAL REGISTER the closure of the entire BSAI to directed fishing with the rel evant gear type for each species and/or species group in that fishery category. (iii) AFA PSC sideboard limits. Halibut PSC limits for the AFA catcher/proc essor sector and the AFA trawl catcher vessel sector will be established pursu ant to § 679.64(a) and (b) and managed through directed fishing closures for the AFA catcher/processor sector and the AFA trawl catcher vessel sector in the groundfish fisheries for which the PSC limit applies. (c) [Reserved] (d) GOA halibut PSC limits. This sec tion is applicable for vessels engaged in directed fishing for groundfish in the GOA. (1) Notification and public comment—(i) Proposed and final apportionments. NMFS will publish in the FEDERAL REGISTER proposed and final apportion ments of the halibut PSC limits in paragraphs (d)(2) and (3) of this section in the notification required under § 679.20. (ii) Modification of apportionments. NMFS, by notification in the FEDERAL REGISTER, may change the halibut PSC apportionments during the year for which they were specified, based on new information of the types set forth in this paragraph (d). (iii) Public comment. NMFS will ac cept public comment on the proposed halibut PSC apportionments for a pe riod specified in the notice of proposed halibut PSC apportionments published in the FEDERAL REGISTER. NMFS will consider comments received on pro posed halibut PSC apportionments and, after consultation with the Council, will publish notification in the FED ERAL REGISTER specifying the final hal ibut PSC apportionments. (2) Hook-and-line gear and pot gear an nual halibut PSC limit. (i) The annual total PSC limit of halibut caught while conducting any hook-and-line gear fishery for groundfish in the GOA is an amount of halibut equivalent to the amount of halibut mortality estab lished for each of the fishery categories in paragraphs (d)(2)(i)(A) and (B) of this section. The notification at paragraph (d)(1) of this section also may specify a halibut PSC limit for the pot gear fish eries. (A) Demersal shelf rockfish, Southeast Outside (SEO) District. The halibut PSC limit in the demersal shelf rockfish fishery in the SEO District is 9 mt. (B) Other hook-and-line fishery. The halibut PSC limit in the other hook and-line gear fishery is established ac cording to the provisions of paragraphs (d)(2)(iii) and (d)(2)(iv) of this section. (ii) Hook-and-line fishery categories. For purposes of apportioning the hook and-line halibut PSC limit among fish eries, the following fishery categories are specified and defined in terms of round-weight equivalents of those GOA groundfish species for which a TAC has been specified under § 679.20. (A) Demersal shelf rockfish, SEO Dis trict. Fishing with hook-and-line gear in the SEO District of the Eastern GOA regulatory area during any weekly re porting period that results in a re tained catch of demersal shelf rockfish that is greater than the retained amount of any other fishery category defined under this paragraph (d)(2)(ii). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00692 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 683 Fishery Conservation and Management ยง 679.21 (B) Other hook-and-line fishery. Fish ing with hook-and-line gear during any weekly reporting period that results in a retained catch of groundfish and is not a demersal shelf rockfish fishery defined under paragraph (d)(2)(ii)(A) of this section. (iii) Apportionment of the GOA hal ibut PSC limit among other hook-and line catcher vessels and catcher/proc essors. (A) Catcher vessels using hook-and line gear in the other hook-and-line fishery will be apportioned part of the GOA halibut PSC limit in proportion to the total Western and Central GOA Pacific cod allocations, where X is equal to annnual TAC, as follows: (B) Catcher/processors using hook and-line gear in the other hook-and line fishery will be apportioned part of the GOA halibut PSC limit in propor tion to the total Western and Central GOA Pacific cod allocations, where X is equal to annual TAC, as follows: (C) No later than November 1, any halibut PSC limit allocated under paragraph (d)(2)(ii)(B) of this section not projected by the Regional Adminis trator to be used by one of the hook and-line sectors during the remainder of the fishing year will be made avail able to the other sector. (iv) Other hook-and-line fishery annual PSC limit reductions. The annual halibut PSC limits established for the other hook-and-line fishery under paragraph (d)(2)(iii) of this section are reduced, as follows: Vessel category Annual PSC limit percent reduction from the annual halibut PSC limit established under paragraph (d)(2)(iii) of this section. Effective years (A) Catcher vessel ................................................................... 7 12 15 2014. 2015. 2016 and each year thereafter. (B) Catcher/processor ............................................................. 7 2014 and each year thereafter. (3) Trawl gear annual halibut PSC limit. (i) The annual total PSC limit of halibut caught while conducting any trawl gear fishery for groundfish in the GOA is an amount of halibut equiva lent to 1,973 mt of halibut mortality. This amount is reduced as follows: Percent reduction from 1,973 mt Annual trawl gear PSC limit (mt) 1 Effective years 7 ............................................................................................... 1,848 2014. 12 ............................................................................................. 1,759 2015. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00693 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 E R 20 F E 14 .0 00 < /G P H > E R 20 F E 14 .0 01 < /G P H > sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 684 50 CFR Ch. VI (10–1–22 Edition) § 679.21 Percent reduction from 1,973 mt Annual trawl gear PSC limit (mt) 1 Effective years 15 ............................................................................................. 1,705 2016 and each year thereafter. 1 This amount maintains the 191 mt annual allocation to the Rockfish Program (see Table 28d to this part) from the 1,973 mt halibut PSC limit, while reducing the remainder of the annual trawl gear halibut PSC limit by the percentage listed in the first column. (ii) PSC allowance. The halibut PSC limit specified for vessels using trawl gear may be further apportioned as PSC allowances to the fishery cat egories listed in paragraph (d)(3)(iii) of this section, based on each category’s proportional share of the anticipated halibut PSC mortality during a fishing year and the need to optimize the amount of total groundfish harvest under the halibut PSC limit. The sum of all PSC allowances will equal the halibut PSC limit established under paragraph (d)(3)(i) of this section. (iii) Trawl fishery categories. For pur poses of apportioning the trawl halibut PSC limit among fisheries, the fol lowing fishery categories are specified and defined in terms of round-weight equivalents of these GOA groundfish species for which a TAC has been speci fied under § 679.20: (A) Shallow-water species fishery. Fish ing with trawl gear during any weekly reporting period that results in a re tained aggregate catch of pollock, Pa cific cod, shallow-water flatfish, flat head sole, Atka mackerel, and ‘‘other species’’ that is greater than the re tained aggregate amount of other GOA groundfish species or species group. (B) Deep-water species fishery. Fishing with trawl gear during any weekly re porting period that results in a re tained catch of groundfish and is not a shallow-water species fishery as de fined under paragraph (d)(3)(iii)(A) of this section. (4) Seasonal apportionments—(i) Gen eral. NMFS, after consultation with the Council, may apportion each halibut PSC limit or bycatch allowance speci fied under this paragraph (d) on a sea sonal basis. (ii) Factors to be considered. NMFS will base any seasonal apportionment of a halibut PSC limit or bycatch al lowance on the following types of infor mation: (A) Seasonal distribution of halibut. (B) Seasonal distribution of target groundfish species relative to halibut distribution. (C) Expected halibut bycatch needs, on a seasonal basis, relative to changes in halibut biomass and expected catches of target groundfish species. (D) Expected variations in bycatch rates throughout the fishing year. (E) Expected changes in directed groundfish fishing seasons. (F) Expected start of fishing effort. (G) Economic effects of establishing seasonal halibut allocations on seg ments of the target groundfish indus try. (iii) Unused seasonal apportionments. (A) Unused seasonal apportionments of halibut PSC limits specified for trawl, hook-and-line, or pot gear will be added to the respective seasonal appor tionment for the next season during a current fishing year; and (B) An amount not greater than 55 percent of the halibut PSC that had been allocated as CQ and that has not been used by a rockfish cooperative will be added to the last seasonal ap portionment for trawl gear during the current fishing year: (1) After November 15; or (2) After the effective date of a termi nation of fishing declaration according to the provisions set out in § 679.4(n)(2), whichever occurs first. (C) The amount of unused halibut PSC not reapportioned under the provi sions described in § 679.21(d)(4)(iii)(B) will not be available for use as halibut PSC by any person for the remainder of that calendar year. (D) Combined management of trawl hal ibut PSC limits from May 15 through June 30. NMFS will combine management of available trawl halibut PSC limits in the second season deep-water and shal low-water species fishery categories for use in either fishery from May 15 through June 30 during the current fishery year. Halibut PSC sideboard limits for the Amendment 80 and AFA sectors will continue to be defined as VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00694 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 685 Fishery Conservation and Management § 679.21 deep-water and shallow-water species fisheries from May 15 through June 30. NMFS will re-apportion the halibut PSC limit between the deep-water and shallow-water species fisheries after June 30 to account for actual halibut PSC use by each fishery category dur ing May 15 through June 30. The Re gional Administrator will issue a FED ERAL REGISTER notice to reapportion the amounts of trawl halibut PSC to each species fishery category. (iv) Seasonal apportionment exceeded. If a seasonal apportionment of a hal ibut PSC limit specified for trawl, hook-and-line, pot gear, and/or oper ational type is exceeded, the amount by which the seasonal apportionment is exceeded will be deducted from the respective apportionment for the next season during a current fishing year. (5) Apportionment among regulatory areas and districts. Each halibut PSC limit specified under this paragraph (d) also may be apportioned among the GOA regulatory areas and districts. (6) Halibut PSC closures—(i) Trawl gear fisheries. If, during the fishing year, the Regional Administrator determines that U.S. fishing vessels participating in either of the trawl fishery categories listed in paragraph (d)(3)(iii) (A) or (B) of this section will catch the halibut bycatch allowance, or apportionments thereof, specified for that fishery cat egory under paragraph (d)(1) of this section, NMFS will publish notifica tion in the FEDERAL REGISTER closing the entire GOA or the applicable regu latory area or district to directed fish ing with trawl gear for each species and/or species group that comprises that fishing category; provided, how ever, that when the halibut bycatch al lowance, or seasonal apportionment thereof, specified for the shallow-water species fishery is reached, fishing for pollock by vessels using pelagic trawl gear may continue, consistent with other provisions of this part. (ii) Hook-and-line fisheries. If, during the fishing year, the Regional Adminis trator determines that U.S. fishing ves sels participating in any of the three hook-and-line gear and operational type fishery categories listed under paragraph (d)(2) of this section will catch the halibut PSC allowance, or apportionments thereof, specified for that fishery category under paragraph (d)(1) of this section, NMFS will pub lish notification in the FEDERAL REG ISTER closing the entire GOA or the ap plicable regulatory area, district, or operation type to directed fishing with hook-and-line gear for each species and/or species group that composes that fishing category. (iii) Pot gear fisheries. If, during the fishing year, the Regional Adminis trator determines that the catch of halibut by operators of vessels using pot gear to participate in a directed fishery for groundfish will reach the halibut PSC limit, or seasonal appor tionment thereof, NMFS will publish notification in the FEDERAL REGISTER prohibiting directed fishing for ground fish by vessels using pot gear for the remainder of the season to which the halibut PSC limit or seasonal appor tionment applies. (iv) Nonpelagic trawl gear fisheries— (A) Continued fishing under specified conditions. When the vessels to which a halibut PSC limit applies have caught an amount of halibut equal to that PSC, the Regional Administrator may, by notification in the FEDERAL REG ISTER, allow some or all of those ves sels to continue to fish for groundfish using nonpelagic trawl gear under spec ified conditions, subject to the other provisions of this part. (B) Factors to be considered. In author izing and conditioning such continued fishing with bottom-trawl gear, the Re gional Administrator will take into ac count the following considerations, and issue relevant findings: (1) The risk of biological harm to hal ibut stocks and of socio-economic harm to authorized halibut users posed by continued bottom trawling by these vessels. (2) The extent to which these vessels have avoided incidental halibut catches up to that point in the year. (3) The confidence of the Regional Administrator in the accuracy of the estimates of incidental halibut catches by these vessels up to that point in the year. (4) Whether observer coverage of these vessels is sufficient to assure ad herence to the prescribed conditions VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00695 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 686 50 CFR Ch. VI (10–1–22 Edition) § 679.21 and to alert the Regional Adminis trator to increases in their incidental halibut catches. (5) The enforcement record of owners and operators of these vessels, and the confidence of the Regional Adminis trator that adherence to the prescribed conditions can be assured in light of available enforcement resources. (7) AFA halibut bycatch limitations. Halibut bycatch limits for AFA catcher vessels will be established according to the procedure and formula set out in § 679.64(b) and managed through di rected fishing closures for AFA catcher vessels in the groundfish fisheries to which the halibut bycatch limit ap plies. (e) BSAI PSC limits for crab and her ring—(1) Trawl gear—(i) Red king crab in Zone 1. The PSC limit of red king crab caught by trawl vessels while engaged in directed fishing for groundfish in Zone 1 during any fishing year will be specified for up to two fishing years by NMFS, after consultation with the Council, based on abundance and spawning biomass of red king crab using the criteria set out under para graphs (e)(1)(i)(A) through (C) of this section. The following table refers to the PSC limits for red king crab that you must follow in Zone 1: When the number of mature female red king crab is ... The zone 1 PSC limit will be ... (A) At or below the threshold of 8.4 million mature crab or the effective spawning biomass is less than or equal to 14.5 million lb (6,577 mt) 32,000 red king crab. (B) Above the threshold of 8.4 million mature crab and the effective spawning biomass is greater than 14.5 but less than 55 million lb (24,948 mt) 97,000 red king crab. (C) Above the threshold of 8.4 million mature crab and the effective spawning biomass is equal to or greater than 55 million lb 197,000 red king crab. (ii) Tanner crab (C. bairdi). The PSC limit of C. bairdi crabs caught by trawl vessels while engaged in directed fish ing for groundfish in Zones 1 and 2 dur ing any fishing year will be specified for up to two fishing years by NMFS under paragraph (e)(6) of this section, based on total abundance of C. bairdi crabs as indicated by the NMFS annual bottom trawl survey, using the criteria set out under paragraphs (e)(1)(ii)(A) and (B) of this section. (A) The following table refers to the PSC limits for C. bairdi that you must follow in Zone 1: When the total abundance of C. bairdi crabs is ... The PSC limit will be ... (1) 150 million animals or less 0.5 percent of the total abun dance minus 20,000 ani mals (2) Over 150 million to 270 million animals 730,000 animals (3) Over 270 million to 400 million animals 830,000 animals (4) Over 400 million animals 980,000 animals (B) This table refers to the PSC lim its for C. bairdi that you must follow in Zone 2. When the total abundance of C. bairdi crabs is ... The PSC limit will be ... (1) 175 million animals or less 1.2 percent of the total abun dance minus 30,000 ani mals (2) Over 175 million to 290 million animals 2,070,000 animals (3) Over 290 million to 400 million animals 2,520,000 animals (4) Over 400 million animals 2,970,000 animals (iii) C. opilio. The PSC limit of C. opilio caught by trawl vessels while en gaged in directed fishing for groundfish in the COBLZ will be specified annu ally by NMFS under paragraph (e)(6) of this section, based on total abundance of C. opilio as indicated by the NMFS annual bottom trawl survey using the following criteria: (A) PSC Limit. The PSC limit will be 0.1133 percent of the total abundance, minus 150,000 C. opilio crabs, unless; (B) Minimum PSC Limit. If 0.1133 per cent multiplied by the total abundance is less than 4.5 million, then the min imum PSC limit will be 4.350 million animals; or (C) Maximum PSC Limit. If 0.1133 per cent multiplied by the total abundance is greater than 13 million, then the maximum PSC limit will be 12.850 mil lion animals. (iv) [Reserved] (v) Pacific herring. The PSC limit of Pacific herring caught while con ducting any domestic trawl fishery for groundfish in the BSAI is 1 percent of the annual eastern Bering Sea herring biomass. The PSC limit will be appor tioned into annual herring PSC allow ances, by target fishery, and will be VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00696 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 687 Fishery Conservation and Management § 679.21 published along with the annual her ring PSC limit in the FEDERAL REG ISTER with the proposed and final groundfish specifications defined in § 679.20. (2) [Reserved] (3) PSC apportionment to trawl fish eries—(i) General—(A) PSQ reserve. The following allocations of the trawl gear PSC limits are made to the CDQ Pro gram as PSQ reserves. The PSQ re serves are not apportioned by gear or fishery. (1) Crab PSQ. 10.7 percent of each PSC limit set forth in paragraphs (e)(1)(i) through (iii) of this section. (2) [Reserved] (B) Fishery categories. NMFS, after consultation with the Council and after subtraction of PSQ reserves and PSC CQ assigned to Amendment 80 coopera tives, will apportion each PSC limit set forth in paragraphs (e)(1)(i) through (vii) of this section into bycatch allow ances for fishery categories defined in paragraph (e)(3)(iv) of this section, based on each category’s proportional share of the anticipated incidental catch during a fishing year of prohib ited species for which a PSC limit is specified and the need to optimize the amount of total groundfish harvested under established PSC limits. (ii) Red king crab, C. bairdi, and C. opilio—(A) General. For vessels engaged in directed fishing for groundfish in the BSAI, other than vessels fishing under a CQ permit assigned to an Amendment 80 cooperative, the PSC limits for red king crab, C. bairdi, and C. opilio will be apportioned to the trawl fishery cat egories defined in paragraphs (e)(3)(iv)(B) through (F) of this section. (B) Red King Crab Savings Subarea (RKCSS). (1) The RKCSS is the portion of the RKCSA between 56°00′ and 56°10′ N. lat. Notwithstanding other provi sions of this part, vessels using non-pe lagic trawl gear in the RKCSS may en gage in directed fishing for groundfish in a given year, if the ADF&G had es tablished a guideline harvest level the previous year for the red king crab fishery in the Bristol Bay area. (2) When the RKCSS is open to ves sels fishing for groundfish with non pelagic trawl gear under paragraph (e)(3)(ii)(B)(1) of this section, NMFS, after consultation with the Council, will specify an amount of the red king crab bycatch limit annually estab lished under paragraph (e)(1)(i) of this section for the RKCSS. The amount of the red king crab bycatch limit speci fied for the RKCSS will not exceed an amount equivalent to 25 percent of the red king crab PSC allowance and will be based on the need to optimize the groundfish harvest relative to red king crab bycatch. (C) Incidental catch in midwater pol lock fishery. Any amount of red king crab, C. bairdi, or C. opilio that is inci dentally taken in the midwater pollock fishery as defined in paragraph (e)(3)(iv)(A) of this section will be counted against the bycatch allow ances specified for the pollock/Atka mackerel/‘‘other species’’ category de fined in paragraph (e)(3)(iv)(F) of this section. (iii) Pacific herring. The PSC limit for Pacific herring will be apportioned to the BSAI trawl fishery categories de fined in paragraphs (e)(3)(iv) (A) through (F) of this section. (iv) Trawl fishery categories. For pur poses of apportioning trawl PSC limits for crab and herring among fisheries, other than crab PSC CQ assigned to an Amendment 80 cooperative, the fol lowing fishery categories are specified and defined in terms of round-weight equivalents of those groundfish species or species groups for which a TAC has been specified under § 679.20. (A) Midwater pollock fishery. Fishing with trawl gear during any weekly re porting period that results in a catch of pollock that is 95 percent or more of the total amount of groundfish caught during the week. (B) Flatfish fishery. Fishing with trawl gear during any weekly reporting period that results in a retained aggre gate amount of rock sole, ‘‘other flat fish,’’ and yellowfin sole that is greater than the retained amount of any other fishery category defined under this paragraph (e)(3)(iv). (1) Yellowfin sole fishery. Fishing with trawl gear during any weekly reporting period that is defined as a flatfish fish ery under this paragraph (e)(3)(iv)(B) and results in a retained amount of yellowfin sole that is 70 percent or more of the retained aggregate amount VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00697 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 688 50 CFR Ch. VI (10–1–22 Edition) § 679.21 of rock sole, ‘‘other flatfish,’’ and yel lowfin sole. (2) Rock sole/flathead sole/Alaska plaice/‘‘other flatfish’’ fishery. Fishing with trawl gear during any weekly re porting period that is defined as a flat fish fishery under this paragraph (e)(3)(iv)(B) and is not a yellowfin sole fishery as defined under paragraph (e)(3)(iv)(B)(1) of this section. (C) Greenland turbot/arrowtooth floun der/Kamchatka flounder/sablefish fishery. Fishing with trawl gear during any weekly reporting period that results in a retained aggregate amount of Green land turbot, arrowtooth flounder, Kamchatka flounder, and sablefish that is greater than the retained amount of any other fishery category defined under this paragraph (e)(3)(iv). (D) Rockfish fishery. Fishing with trawl gear during any weekly reporting period that results in a retained aggre gate amount of rockfish species that is greater than the retained amount of any other fishery category defined under this paragraph (e)(3)(iv). (E) Pacific cod fishery. Fishing with trawl gear during any weekly reporting period that results in a retained aggre gate amount of Pacific cod that is greater than the retained amount of any other groundfish fishery category defined under this paragraph (e)(3)(iv). (F) Pollock/Atka mackerel/‘‘other spe cies.’’ Fishing with trawl gear during any weekly reporting period that re sults in a retained aggregate amount of pollock other than pollock harvested in the midwater pollock fishery defined under paragraph (e)(3)(iv)(A) of this section, Atka mackerel, and ‘‘other species’’ that is greater than the re tained amount of any other fishery cat egory defined under this paragraph (e)(3)(iv). (v) AFA prohibited species catch limita tions. Crab PSC limits for the AFA catcher/processor sector and the AFA trawl catcher vessel sector will be es tablished according to the procedures and formulas set out in § 679.64(a) and (b) and managed through directed fish ing closures for the AFA catcher/proc essor sector and the AFA trawl catcher vessel sector in the groundfish fisheries for which the PSC limit applies. (vi) Amendment 80 sector bycatch limi tations. (A) Crab PSC limits for the Amendment 80 sector in the BSAI will be established according to the proce dure and formulae set out in § 679.91(d) through (f); and (B) Crab PSC assigned to the Amend ment 80 limited access fishery will be managed through directed fishing clo sures for Amendment 80 vessels to which the crab bycatch limits apply. (4) [Reserved] (5) Seasonal apportionments of bycatch allowances—(i) General. NMFS, after consultation with the Council, may ap portion fishery bycatch allowances on a seasonal basis. (ii) Factors to be considered. NMFS will base any seasonal apportionment of a bycatch allowance on the following types of information: (A) Seasonal distribution of prohib ited species; (B) Seasonal distribution of target groundfish species relative to prohib ited species distribution; (C) Expected prohibited species by catch needs on a seasonal basis rel evant to change in prohibited species biomass and expected catches of target groundfish species; (D) Expected variations in bycatch rates throughout the fishing year; (E) Expected changes in directed groundfish fishing seasons; (F) Expected start of fishing effort; or (G) Economic effects of establishing seasonal prohibited species apportion ments on segments of the target groundfish industry. (iii) Seasonal trawl fishery bycatch al lowances—(A) Unused seasonal appor tionments. Unused seasonal apportion ments of trawl fishery bycatch allow ances made under this paragraph (e)(5) will be added to its respective fishery bycatch allowance for the next season during a current fishing year. (B) Seasonal apportionment exceeded. If a seasonal apportionment of a trawl fishery bycatch allowance made under paragraph (d)(5) of this section is ex ceeded, the amount by which the sea sonal apportionment is exceeded will be deducted from its respective appor tionment for the next season during a current fishing year. (6) Notification—(i) General. NMFS will publish in the FEDERAL REGISTER, for up to two fishing years, the annual VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00698 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 689 Fishery Conservation and Management § 679.21 red king crab PSC limit, and, if appli cable, the amount of this PSC limit specified for the RKCSS, the annual C. bairdi PSC limit, the annual C. opilio PSC limit, the proposed and final PSQ reserve amounts, the proposed and final bycatch allowances, and the sea sonal apportionments thereof, as re quired by paragraph (e) of this section. (ii) Public comment. Public comment will be accepted by NMFS on the pro posed annual red king crab PSC limit and, if applicable, the amount of this PSC limit specified for the RKCSS, the annual C. bairdi PSC limit, the annual C. opilio PSC limit, the proposed and final bycatch allowances, seasonal ap portionments thereof, and the manner in which seasonal apportionments of non-trawl fishery bycatch allowances will be managed, for a period specified in the notice of proposed specifications published in the FEDERAL REGISTER. (7) Trawl PSC closures—(i) Exception. When a bycatch allowance, or seasonal apportionment thereof, specified for the pollock/Atka mackerel/‘‘other spe cies’’ fishery category is reached, only directed fishing for pollock is closed to trawl vessels using nonpelagic trawl gear. (ii) Red king crab or C. bairdi Tanner crab, Zone 1, closure—(A) General. Ex cept as provided in paragraph (e)(7)(i) of this section, if, during the fishing year, the Regional Administrator de termines that U.S. fishing vessels par ticipating in any of the fishery cat egories listed in paragraphs (e)(3)(iv) (B) through (F) of this section will catch the Zone 1 bycatch allowance, or seasonal apportionment thereof, of red king crab or C. bairdi Tanner crab spec ified for that fishery category under paragraph (e)(3) of this section, NMFS will publish in the FEDERAL REGISTER the closure of Zone 1, including the RKCSS, to directed fishing for each species and/or species group in that fishery category for the remainder of the year or for the remainder of the season. (B) RKCSS. If, during the fishing year the Regional Administrator determines that the amount of the red king crab PSC limit that is specified for the RKCSS under § 679.21(e)(3)(ii)(B) of this section will be caught, NMFS will pub lish in the FEDERAL REGISTER the clo sure of the RKCSS to directed fishing for groundfish with nonpelagic trawl gear for the remainder of the year. (iii) C. bairdi Tanner crab, Zone 2, clo sure. Except as provided in paragraph (e)(7)(i) of this section, if, during the fishing year, the Regional Adminis trator determines that U.S. fishing ves sels participating in any of the fishery categories listed in paragraphs (e)(3)(iv) (B) through (F) of this section will catch the Zone 2 bycatch allow ance, or seasonal apportionment there of, of C. bairdi Tanner crab specified for that fishery category under paragraph (e)(3) of this section, NMFS will pub lish in the FEDERAL REGISTER the clo sure of Zone 2 to directed fishing for each species and/or species group in that fishery category for the remainder of the year or for the remainder of the season. (iv) COBLZ. Except as provided in paragraph (e)(7)(i) of this section, if, during the fishing year, the Regional Administrator determines that U.S. fishing vessels participating in any of the trawl fishery categories listed in paragraphs (e)(3)(iv)(B) through (F) of this section will catch the COBLZ by catch allowance, or seasonal apportion ment thereof, of C. opilio specified for that fishery category under paragraph (e)(3) of this section, NMFS will pub lish in the FEDERAL REGISTER the clo sure of the COBLZ, as defined in Figure 13 to this part, to directed fishing for each species and/or species group in that fishery category for the remainder of the year or for the remainder of the season. (v) [Reserved] (vi) Pacific herring—(A) Closure. Ex cept as provided in paragraph (e)(7)(vi)(B) of this section, if, during the fishing year, the Regional Adminis trator determines that U.S. fishing ves sels participating in any of the fishery categories listed in paragraphs (e)(3)(iv)(A) through (F) of this section in the BSAI will catch the herring by catch allowance, or seasonal apportion ment thereof, specified for that fishery category under paragraph (e)(3) of this section, NMFS will publish in the FED ERAL REGISTER the closure of the Her ring Savings Area as defined in Figure 4 to this part to directed fishing for VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00699 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 690 50 CFR Ch. VI (10–1–22 Edition) § 679.21 each species and/or species group in that fishery category. (B) Exceptions—(1) Midwater pollock. When the midwater pollock fishery category reaches its specified bycatch allowance, or seasonal apportionment thereof, the Herring Savings Areas are closed to directed fishing for pollock with trawl gear. (2) Pollock/Atka mackerel/ ‘‘other spe cies’’. When the pollock/Atka mackerel/ ‘‘other species’’ fishery category reaches its specified bycatch allow ance, or seasonal apportionment there of, the Herring Savings Areas are closed to directed fishing for pollock by trawl vessels using nonpelagic trawl gear. (f) Salmon Bycatch Management in the BS Pollock Fishery—(1) Applicability. This paragraph contains regulations governing the bycatch of salmon in the BS pollock fishery. (2) Chinook salmon prohibited species catch (PSC) limit. Each year, NMFS will allocate to AFA sectors listed in para graph (f)(3)(ii) of this section a portion of the applicable Chinook salmon PSC limit. NMFS will publish the applica ble Chinook salmon PSC limit in the annual harvest specifications after de termining if it is a low Chinook salmon abundance year. NMFS will determine that it is a low Chinook salmon abun dance year when abundance of Chinook salmon in western Alaska is less than or equal to 250,000 Chinook salmon. By October 1 of each year, the State of Alaska will provide to NMFS an esti mate of Chinook salmon abundance using the 3-System Index for western Alaska based on the Kuskokwim, Una lakleet, and Upper Yukon aggregate stock grouping. (i) An AFA sector will receive a por tion of the 47,591 Chinook salmon PSC limit, or, in a low Chinook salmon abundance year, the 33,318 Chinook salmon PSC limit, if — (A) No Chinook salmon bycatch in centive plan agreement (IPA) is ap proved by NMFS under paragraph (f)(12) of this section; or (B) That AFA sector has exceeded its performance standard under paragraph (f)(6) of this section. (ii) An AFA sector will receive a por tion of the 60,000 Chinook salmon PSC limit, or, in a low Chinook salmon abundance year, the 45,000 Chinook salmon PSC limit, if— (A) At least one IPA is approved by NMFS under paragraph (f)(12) of this section; and (B) That AFA sector has not exceed ed its performance standard under paragraph (f)(6) of this section. (3) Allocations of the Chinook salmon PSC limits—(i) Seasonal apportionment. NMFS will apportion the Chinook salmon PSC limits annually 70 percent to the A season and 30 percent to the B season, which are described in § 679.23(e)(2). (ii) AFA sectors. Each year, NMFS will make allocations of the applicable Chinook salmon PSC limit to the fol lowing four AFA sectors: AFA Sector: Eligible participants are: (A) Catcher/proc essor. AFA catcher/processors and AFA catcher vessels delivering to AFA catcher/processors, all of which are permitted under § 679.4(l)(2) and (l)(3)(i)(A), respectively. (B) Mothership .......... AFA catcher vessels harvesting pollock for processing by AFA motherships, all of which are permitted under § 679.4(l)(3)(i)(B) and (l)(4), respectively. (C) Inshore ............... AFA catcher vessels harvesting pollock for processing by AFA inshore processors, all of which are per mitted under § 679.4(l)(3)(i)(C). (D) CDQ Program .... The six CDQ groups authorized under section 305(i)(1)(D) of the Magnuson-Stevens Act to participate in the CDQ Program. (iii) Allocations to each AFA sector. NMFS will allocate the Chinook salm on PSC limits to each AFA sector as follows: (A) If a sector is managed under the 60,000 Chinook salmon PSC limit, the maximum amount of Chinook salmon PSC allocated to each sector in each season and annually is— VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00700 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 691 Fishery Conservation and Management § 679.21 AFA sector A season B season Annual total % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook (1) Catcher/processor ... 32.9 13,818 17.9 3,222 28.4 17,040 (2) Mothership ............... 8.0 3,360 7.3 1,314 7.8 4,674 (3) Inshore ..................... 49.8 20,916 69.3 12,474 55.6 33,390 (4) CDQ Program .......... 9.3 3,906 5.5 990 8.2 4,896 (B) If the sector is managed under the 45,000 Chinook salmon PSC limit, the sector will be allocated the fol lowing amount of Chinook salmon PSC in each season and annually: AFA sector A season B season Annual total % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook (1) Catcher/processor ... 32.9 10,363 17.9 2,415 28.4 12,780 (2) Mothership ............... 8.0 2,520 7.3 987 7.8 3,510 (3) Inshore ..................... 49.8 15,687 69.3 9,355 55.6 25,020 (4) CDQ Program .......... 9.3 2,930 5.5 743 8.2 3,690 (C) If the sector is managed under the 47,591 Chinook salmon PSC limit, the sector will be allocated the following amount of Chinook salmon PSC in each season and annually: AFA sector A season B season Annual total % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook (1) Catcher/processor ... 32.9 10,906 17.9 2,556 28.4 13,516 (2) Mothership ............... 8.0 2,665 7.3 1,042 7.8 3,707 (3) Inshore ..................... 49.8 16,591 69.3 9,894 55.6 26,485 (4) CDQ Program .......... 9.3 3,098 5.5 785 8.2 3,883 (D) If the sector is managed under the 33,318 Chinook salmon PSC limit, the sector will be allocated the fol lowing amount of Chinook salmon PSC in each season and annually: AFA sector A season B season Annual total % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook (1) Catcher/processor ... 32.9 7,673 17.9 1,789 28.4 9,462 (2) Mothership ............... 8.0 1,866 7.3 730 7.8 2,599 (3) Inshore ..................... 49.8 11,615 69.3 6,926 55.6 18,525 (4) CDQ Program .......... 9.3 2,169 5.5 550 8.2 2,732 (iv) Allocations to the AFA catcher/ processor and mothership sectors. (A) NMFS will issue transferable Chinook salmon PSC allocations under para graph (f)(3)(iii) of this section to enti ties representing the AFA catcher/ processor sector and the AFA mothership sector if these sectors meet the requirements of paragraph (f)(8) of this section. (B) If no entity is approved by NMFS to represent the AFA catcher/processor sector or the AFA mothership sector, then NMFS will manage that sector under a non-transferable Chinook salmon PSC allocation under para graph (f)(10) of this section. (v) Allocations to inshore cooperatives and the AFA inshore open access fishery. NMFS will further allocate the inshore sector’s Chinook salmon PSC alloca tion under paragraph (f)(3)(iii) of this section among the inshore cooperatives and the inshore open access fishery based on the percentage allocations of pollock to each inshore cooperative under § 679.62(a). NMFS will issue VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00701 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 692 50 CFR Ch. VI (10–1–22 Edition) § 679.21 transferable Chinook salmon PSC allo cations to inshore cooperatives. Any Chinook salmon PSC allocated to the inshore open access fishery will be as a non-transferable allocation managed by NMFS under the requirements of paragraph (f)(10) of this section. (vi) Allocations to the CDQ Program. NMFS will further allocate the Chi nook salmon PSC allocation to the CDQ Program under paragraph (f)(3)(iii) of this section among the six CDQ groups based on each CDQ group’s percentage of the CDQ Program pol lock allocation. NMFS will issue trans ferable Chinook salmon PSC alloca tions to CDQ groups. (vii) Accrual of Chinook salmon by catch to specific PSC allocations. If a Chinook salmon PSC allocation is: Then all Chinook salmon bycatch: (A) A transferable allocation to a sector-level enti ty, inshore cooperative, or CDQ group under paragraph (f)(8) of this section. By any vessel fishing under a transferable allocation will accrue against the allocation to the entity representing that vessel. (B) A non-transferable allocation to a sector or the inshore open access fishery under paragraph (f)(10) of this section. By any vessel fishing under a non-transferable allocation will accrue against the allocation established for the sector or inshore open access fishery, whichever is applicable. (C) The opt-out allocation under paragraph (f)(5) of this section. By any vessel fishing under the opt-out allocation will accrue against the opt-out allocation. (viii) Public release of Chinook salmon PSC information. For each year, NMFS will release to the public and publish on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/): (A) The Chinook salmon PSC alloca tions for each entity receiving a trans ferable allocation; (B) The non-transferable Chinook salmon PSC allocations; (C) The vessels fishing under each transferable or non-transferable alloca tion; (D) The amount of Chinook salmon bycatch that accrues towards each transferable or non-transferable alloca tion; (E) Any changes to these allocations due to transfers under paragraph (f)(9) of this section, rollovers under para graph (f)(11) of this section, and deduc tions from the B season non-transfer able allocations under paragraphs (f)(5)(v) or (f)(10)(iii) of this section; and (F) Tables for each sector that pro vide the percent of the sector’s pollock allocation, numbers of Chinook salmon associated with each vessel in the sec tor used to calculate the opt-out allo cation and annual threshold amounts, and the percent of the pollock alloca tion associated with each vessel that NMFS will use to calculate IPA min imum participation assigned to each vessel. (4) Reduction in allocations of the Chi nook salmon PSC limit—(i) Reduction in sector allocations. NMFS will reduce the seasonal allocation of the Chinook salmon PSC limit to the catcher/proc essor sector, the mothership sector, the inshore sector, or the CDQ Program under paragraph (f)(3)(iii)(A) or (B) of this section, if the owner of any per mitted AFA vessel in that sector, or any CDQ group, does not participate in an approved IPA under paragraph (f)(12) of this section. NMFS will sub tract the amount of Chinook salmon from each sector’s allocation associ ated with each vessel not participating in an approved IPA. (ii) Adjustments to the inshore sector and inshore cooperative allocations. (A) If some members of an inshore coopera tive do not participate in an approved IPA, NMFS will reduce the allocation to the cooperative to which those ves sels belong, or the inshore open access fishery. (B) If all members of an inshore coop erative do not participate in an ap proved IPA, the amount of Chinook salmon that remains in the inshore sector’s allocation, after subtracting the amount of Chinook salmon associ ated with the non-participating inshore cooperative, will be reallocated among the inshore cooperatives participating in an approved IPA based on the pro portion each participating cooperative represents of the Chinook salmon PSC initially allocated among the partici pating inshore cooperatives that year. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00702 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 693 Fishery Conservation and Management § 679.21 (iii) Adjustment to CDQ group alloca tions. If a CDQ group does not partici pate in an approved IPA, the amount of Chinook salmon that remains in the CDQ Program’s allocation, after sub tracting the amount of Chinook salm on associated with the non-partici pating CDQ group, will be reallocated among the CDQ groups participating in an approved IPA based on the propor tion each participating CDQ group rep resents of the Chinook salmon PSC ini tially allocated among the partici pating CDQ groups that year. (iv) All members of a sector do not par ticipate in an approved IPA. If all mem bers of a sector do not participate in an approved IPA, the amount of Chinook salmon that remains after subtracting the amount of Chinook salmon associ ated with the non-participating sector will not be reallocated among the sec tors that have members participating in an approved IPA. This portion of the PSC limit will remain unallocated for that year. (5) Chinook salmon PSC opt-out alloca tion. The following table describes re quirements for the opt-out allocation: (i) What is the amount of Chinook salmon PSC that will be allocated to the opt-out allocation in the A season and the B season? The opt-out allocation will equal the sum of the Chinook salmon PSC deducted under paragraph (f)(4)(i) of this section from the seasonal allocations of each sector with members not participating in an approved IPA. (ii) Which participants will be man aged under the opt-out allocation? Any AFA-permitted vessel or any CDQ group that is a member of a sector eligible under paragraph (f)(2)(ii) of this section to receive allocations of the 60,000 PSC limit or the 45,000 PSC limit, but that is not participating in an approved IPA. (iii) What Chinook salmon bycatch will accrue against the opt-out allo cation? All Chinook salmon bycatch by participants under paragraph (f)(5)(ii) of this section. (iv) How will the opt-out allocation be managed? All participants under paragraph (f)(5)(ii) of this section will be managed as a group under the seasonal opt-out allocations. If the Regional Administrator determines that the seasonal opt-out allocation will be reached, NMFS will publish a notice in the Fed eral Register closing directed fishing for pollock in the BS, for the remainder of the season, for all vessels fishing under the opt-out allocation. (v) What will happen if Chinook salmon bycatch by vessels fishing under the opt-out allocation ex ceeds the amount allocated to the A season opt-out allocation? NMFS will deduct from the B season opt-out allocation any Chinook salmon bycatch in the A season that exceeds the A season opt-out allocation. (vi) What will happen if Chinook salmon bycatch by vessels fishing under the opt-out allocation is less than the amount allocated to the A season opt-out allocation? If Chinook salmon bycatch by vessels fishing under the opt-out allocation in the A sea son is less than the amount allocated to the opt-out allocation in the A season, this amount of Chinook salmon will not be added to the B season opt-out allocation. (vii) Is Chinook salmon PSC allo cated to the opt-out allocation transferable? No. Chinook salmon PSC allocated to the opt-out allocation is not transferable. (6) Chinook salmon bycatch perform ance standard. If the total annual Chi nook salmon bycatch by the members of a sector participating in an approved IPA is greater than that sector’s an nual threshold amount of Chinook salmon in any three of seven consecu tive years, that sector will receive an allocation of Chinook salmon under the 47,591 PSC limit in all future years, ex cept in low Chinook salmon abundance years when that sector will receive an allocation under the 33,318 Chinook salmon PSC limit. (i) Annual threshold amount. Prior to each year, NMFS will calculate each sector’s annual threshold amount. NMFS will post the annual threshold amount for each sector on the NMFS Alaska Region Web site (http:// alaskafisheries.noaa.gov/). At the end of each year, NMFS will evaluate the Chi nook salmon bycatch by all IPA par ticipants in each sector against that sector’s annual threshold amount. (ii) Calculation of the annual threshold amount. A sector’s annual threshold amount is the annual number of Chi nook salmon that would be allocated to that sector under the 47,591 Chinook salmon PSC limit, as shown in the table in paragraph (f)(3)(iii)(C) of this section, or the 33,318 Chinook salmon PSC limit in low Chinook salmon abun dance years, as shown in the table in paragraph (f)(3)(iii)(D) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00703 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 694 50 CFR Ch. VI (10–1–22 Edition) § 679.21 If any vessels in a sector do not partici pate in an approved IPA, NMFS will re duce that sector’s annual threshold amount by the number of Chinook salmon associated with each vessel not participating in an approved IPA. If any CDQ groups do not participate in an approved IPA, NMFS will reduce the CDQ Program’s annual threshold amount by the number of Chinook salmon associated with each CDQ group not participating in an approved IPA. (iii) Exceeding the performance stand ard. If NMFS determines that a sector has exceeded its performance standard by exceeding its annual threshold amount in any three of seven consecu tive years, NMFS will issue a notifica tion in the FEDERAL REGISTER that the sector has exceeded its performance standard. In all subsequent years, NMFS will allocate to that sector ei ther the amount of Chinook salmon in the table in paragraph (f)(3)(iii)(C) of this section or, in low Chinook salmon abundance years, the amount of Chi nook salmon in the table in paragraph (f)(3)(iii)(D) of this section. All mem bers of the affected sector will fish under this lower PSC allocation re gardless of whether a vessel or CDQ group within that sector participates in an approved IPA. (7) Replacement vessels. If an AFA-per mitted vessel is no longer eligible to participate in the BS pollock fishery or if a vessel replaces a currently eligible vessel, NMFS will assign the portion and number of Chinook salmon associ ated with that vessel to the replace ment vessel or distribute it among other eligible vessels in the sector based on the procedures in the law, reg ulation, or private contract that ac complishes the vessel removal or re placement action. (8) Entities eligible to receive transfer able Chinook salmon PSC allocations. (i) NMFS will issue transferable Chinook salmon PSC allocations to the fol lowing entities, if these entities meet all the applicable requirements of this section. (A) Inshore cooperatives. NMFS will issue transferable Chinook salmon PSC allocations to the inshore cooperatives permitted annually under § 679.4(l)(6). The representative and agent for serv ice of process (see definition at § 679.2) for an inshore cooperative is the coop erative representative identified in the application for an inshore cooperative fishing permit issued under § 679.4(l)(6), unless the inshore cooperative rep resentative notifies NMFS in writing that a different person will act as its agent for service of process for pur poses of this paragraph (f). An inshore cooperative is not required to submit an application under paragraph (f)(8)(ii) of this section to receive a transferable Chinook salmon PSC allo cation. (B) CDQ groups. NMFS will issue transferable Chinook salmon PSC allo cations to the CDQ groups. The rep resentative and agent for service of process for a CDQ group is the chief ex ecutive officer of the CDQ group, unless the chief executive officer notifies NMFS in writing that a different per son will act as its agent for service of process. A CDQ group is not required to submit an application under paragraph (f)(8)(ii) of this section to receive a transferable Chinook salmon PSC allo cation. (C) Entity representing the AFA catch er/processor sector. NMFS will authorize only one entity to represent the catch er/processor sector for purposes of re ceiving and managing transferable Chi nook salmon PSC allocations on behalf of the catcher/processors eligible to fish under transferable Chinook salmon PSC allocations. NMFS will issue transferable Chinook salmon alloca tions under the Chinook salmon PSC limit to the entity representing the catcher/processor sector if that entity represents all the owners of AFA-per mitted vessels in this sector that are participants in an approved IPA. (D) Entity representing the AFA mothership sector. NMFS will authorize only one entity to represent the mothership sector for purposes of re ceiving and managing transferable Chi nook salmon PSC allocations on behalf of the vessels eligible to fish under transferable Chinook salmon PSC allo cations. NMFS will issue transferable Chinook salmon allocations under the Chinook salmon PSC limit to an entity representing the mothership sector if that entity represents all the owners of AFA-permitted vessels in this sector VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00704 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 695 Fishery Conservation and Management § 679.21 that are participants in an approved IPA. (ii) Request for approval as an entity el igible to receive transferable Chinook salmon PSC allocations. A representa tive of an entity representing the catcher/processor sector or the mothership sector may request ap proval by NMFS to receive transferable Chinook salmon PSC allocations on be half of the members of the sector. The application must be submitted to NMFS at the address in paragraph (b)(6) of this section. A completed ap plication consists of the application form and a contract, described below. (A) Application form. The applicant must submit a paper copy of the appli cation form with all information fields accurately filled in, including the affi davit affirming that each eligible ves sel owner, from whom the applicant re ceived written notification requesting to join the sector entity, has been al lowed to join the sector entity subject to the same terms and conditions that have been agreed on by, and are appli cable to, all other parties to the sector entity. The application form is avail able on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/) or from NMFS at the address in para graph (b)(6) of this section. (B) Contract. A contract containing the following information must be at tached to the completed application form: (1) Information that documents that all vessel owners party to the contract agree that the entity, the entity’s rep resentative, and the entity’s agent for service of process named in the appli cation form represent them for pur poses of receiving transferable Chinook salmon PSC allocations. (2) A statement that the entity’s rep resentative and agent for service of process are authorized to act on behalf of the vessel owners party to the con tract. (3) Signatures, printed names, and date of signature for the owners of each AFA-permitted vessel identified in the application form. (C) Contract duration. Once sub mitted, the contract attached to the application form is valid until amended or terminated by the parties to the contract. (D) Deadline. An application form and contract must be received by NMFS no later than 1700 hours, A.l.t., on October 1 of the year prior to the year for which the Chinook salmon PSC alloca tions are effective. (E) Approval. If more than one entity application form is submitted to NMFS, NMFS will approve the applica tion form for the entity that represents the most eligible vessel owners in the sector. (F) Amendments to the sector entity. (1) An amendment to the sector entity contract, with no change in entity par ticipants, may be submitted to NMFS at any time and is effective upon writ ten notification of approval by NMFS to the entity representative. To amend a contract, the entity representative must submit a complete application, as described in paragraph (f)(8)(ii) of this section. (2) To make additions or deletions to the vessel owners represented by the entity for the next year, the entity rep resentative must submit a complete application, as described in paragraph (f)(8)(ii) of this section, by December 1. (iii) Entity representative. (A) The en tity’s representative must — (1) Act as the primary contact person for NMFS on issues relating to the op eration of the entity; (2) Submit on behalf of the entity any applications required for the enti ty to receive a transferable Chinook salmon PSC allocation and to transfer some or all of that allocation to and from other entities eligible to receive transfers of Chinook salmon PSC allo cations; (3) Ensure that an agent for service of process is designated by the entity; and (4) Ensure that NMFS is notified if a substitute agent for service of process is designated. Notification must in clude the name, address, and telephone number of the substitute agent in the event the previously designated agent is no longer capable of accepting serv ice on behalf of the entity or its mem bers within the 5-year period from the time the agent is identified in the ap plication to NMFS under paragraph (f)(8)(ii) of this section. (B) Any vessel owner that is a mem ber of an inshore cooperative, or a VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00705 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 696 50 CFR Ch. VI (10–1–22 Edition) § 679.21 member of the entity that represents the catcher/processor sector or the mothership sector, may authorize the entity representative to sign a pro posed IPA submitted to NMFS, under paragraph (f)(12) of this section, on his or her behalf. This authorization must be included in the contract submitted to NMFS, under paragraph (f)(8)(ii)(B) of this section, for the sector-level en tities and in the contract submitted annually to NMFS by inshore coopera tives under § 679.61(d). (iv) Agent for service of process. The entity’s agent for service of process must— (A) Be authorized to receive and re spond to any legal process issued in the United States with respect to all own ers and operators of vessels that are members of an entity receiving a trans ferable allocation of Chinook salmon PSC or with respect to a CDQ group. Service on or notice to the entity’s ap pointed agent constitutes service on or notice to all members of the entity. (B) Be capable of accepting service on behalf of the entity until December 31 of the year five years after the cal endar year for which the entity noti fied the Regional Administrator of the identity of the agent. (v) Absent a catcher/processor sector or mothership sector entity. If the catcher/ processor sector or the mothership sec tor does not form an entity to receive a transferable allocation of Chinook salmon PSC, the sector will be man aged by NMFS under a non-transfer able allocation of Chinook salmon PSC under paragraph (f)(10) of this section. (9) Transfers of Chinook salmon PSC. (i) A Chinook salmon PSC allocation issued to eligible entities under para graph (f)(8)(i) of this section may be transferred to any other entity receiv ing a transferable allocation of Chi nook salmon PSC by submitting to NMFS an application for transfer de scribed in paragraph (f)(9)(iii) of this section. Transfers of Chinook salmon PSC allocations among eligible entities are subject to the following restric tions: (A) Entities receiving transferable al locations under the 60,000 PSC limit may only transfer to and from other entities receiving allocations under the 60,000 PSC limit. (B) Entities receiving transferable al locations under the 45,000 PSC limit may only transfer to and from other entities receiving allocations under the 45,000 PSC limit. (C) Entities receiving transferable al locations under the 47,591 PSC limit may only transfer to and from other entities receiving allocations under the 47,591 PSC limit. (D) Entities receiving transferable al locations under the 33,318 PSC limit may only transfer to and from other entities receiving allocations under the 33,318 PSC limit. (E) Chinook salmon PSC allocations may not be transferred between sea sons. (ii) Post-delivery transfers. If the Chi nook salmon bycatch by an entity ex ceeds its seasonal allocation, the enti ty may receive transfers of Chinook salmon PSC to cover overages for that season. An entity may conduct trans fers to cover an overage that results from Chinook salmon bycatch from any fishing trip by a vessel fishing on behalf of that entity that was com pleted or is in progress at the time the entity’s allocation is first exceeded. Under § 679.7(d)(5)(ii)(C)(2) and (k)(8)(v)(B), vessels fishing on behalf of an entity that has exceeded its Chi nook salmon PSC allocation for a sea son may not start a new fishing trip for pollock in the BS on behalf of that same entity for the remainder of that season. (iii) Application for transfer of Chinook salmon PSC allocation—(A) Completed application. NMFS will process a re quest for transfer of Chinook salmon PSC provided that a paper or electronic application is completed, with all in formation fields accurately filled in. Application forms are available on the NMFS Alaska Region Web site (http:// alaskafisheries.noaa.gov/) or from NMFS at the address in paragraph (b)(6) of this section. (B) Certification of transferor—(1) 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. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00706 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 697 Fishery Conservation and Management § 679.21 (2) Electronic submittal. The trans feror’s designated entity representative must log onto the NMFS online serv ices system and create a transfer re quest as indicated on the computer screen. By using the transferor’s NMFS ID, password, and Transfer Key, and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (C) Certification of transferee—(1) Non electronic submittal. The transferee’s designated representative must sign and date the application certifying that all information is true, correct, and complete. (2) Electronic submittal. The trans feree’s designated representative must log onto the NMFS online services sys tem and accept the transfer request as indicated on the computer screen. By using the transferee’s NMFS ID, pass word, and Transfer Key, the designated representative certifies that all infor mation is true, correct, and complete. (D) Deadline. NMFS will not approve an application for transfer of Chinook salmon PSC after June 25 for the A sea son or after December 1 for the B sea son. (10) Non-transferable Chinook salmon PSC allocations. (i) All vessels belong ing to a sector that is ineligible to re ceive transferable allocations under paragraph (f)(8) of this section, any catcher vessels participating in an inshore open access fishery, and all vessels fishing under the opt-out allo cation under paragraph (f)(5) of this section will fish under specific non transferable Chinook salmon PSC allo cations. (ii) All vessels fishing under a non transferable Chinook salmon PSC allo cation, including vessels fishing on be half of a CDQ group, will be managed together by NMFS under that non transferable allocation. If, during the fishing year, the Regional Adminis trator determines that a seasonal non transferable Chinook salmon PSC allo cation will be reached, NMFS will pub lish a notice in the FEDERAL REGISTER closing the BS to directed fishing for pollock by those vessels fishing under that non-transferable allocation for the remainder of the season or for the re mainder of the year. (iii) For each non-transferable Chi nook salmon PSC allocation, NMFS will deduct from the B season alloca tion any amount of Chinook salmon bycatch in the A season that exceeds the amount available under the A sea son allocation. (11) Rollover of unused A season alloca tion—(i) Rollovers of transferable alloca tions. NMFS will add any Chinook salmon PSC allocation remaining at the end of the A season, after any transfers under paragraph (f)(9)(ii) of this section, to an entity’s B season al location. (ii) Rollover of non-transferable alloca tions. For a non-transferable allocation for the mothership sector, catcher/ processor sector, or an inshore open ac cess fishery, NMFS will add any Chi nook salmon PSC remaining in that non-transferable allocation at the end of the A season to that B season non transferable allocation. (12) Salmon bycatch incentive plan agreements (IPAs)—(i) Minimum partici pation requirements. More than one IPA may be approved by NMFS. Each IPA must have participants that represent the following: (A) Minimum percent pollock. Parties to an IPA must collectively represent at least 9 percent of the BS pollock quota. (B) Minimum number of unaffiliated AFA entities. Parties to an IPA must represent any combination of two or more CDQ groups or corporations, part nerships, or individuals who own AFA permitted vessels and are not affili ated, as affiliation is defined for pur poses of AFA entities in § 679.2. (ii) Membership in an IPA. (A) No ves sel owner or CDQ group is required to join an IPA. (B) For a vessel owner in the catcher/ processor sector or mothership sector to join an IPA, that vessel owner must be a member of the entity representing that sector under paragraph (f)(8). (C) For a CDQ group to be a member of an IPA, the CDQ group must sign the IPA and list in that IPA each vessel harvesting BS pollock CDQ, on behalf of that CDQ group, that will partici pate in that IPA. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00707 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 698 50 CFR Ch. VI (10–1–22 Edition) § 679.21 (D) Once a member of an IPA, a ves sel owner or CDQ group cannot with draw from the IPA during a fishing year. (iii) Request for approval of a proposed IPA. The IPA representative must sub mit a proposed IPA to NMFS at the ad dress in paragraph (b)(6) of this section. The proposed IPA must contain the fol lowing information: (A) Affidavit. The IPA must include the affidavit affirming that each eligi ble vessel owner or CDQ group, from whom the IPA representative received written notification requesting to join the IPA, has been allowed to join the IPA subject to the same terms and con ditions that have been agreed on by, and are applicable to, all other parties to the IPA. (B) Name of the IPA. (C) Representative. The IPA must in clude the name, telephone number, and email address of the IPA representative who submits the proposed IPA on be half of the parties and who is respon sible for submitting proposed amend ments to the IPA and the annual report required under paragraph (f)(13) of this section. (D) Third party group. The IPA must identify at least one third party group. Third party groups include any entities representing western Alaskans who de pend on salmon and have an interest in salmon bycatch reduction but do not directly fish in a groundfish fishery. (E) Description of the incentive plan. The IPA must contain a description of the following— (1) The incentive(s) that will be im plemented under the IPA for the oper ator of each vessel participating in the IPA to avoid Chinook salmon and chum salmon bycatch under any condi tion of pollock and Chinook salmon abundance in all years. (2) How the incentive(s) to avoid chum salmon do not increase Chinook salmon bycatch. (3) The rewards for avoiding Chinook salmon, penalties for failure to avoid Chinook salmon at the vessel level, or both. (4) How the incentive measures in the IPA are expected to promote reduc tions in a vessel’s Chinook salmon and chum salmon bycatch rates relative to what would have occurred in absence of the incentive program. (5) How the incentive measures in the IPA promote Chinook salmon and chum salmon savings in any condition of pollock abundance or Chinook salm on abundance in a manner that is ex pected to influence operational deci sions by vessel operators to avoid Chi nook salmon and chum salmon. (6) How the IPA ensures that the op erator of each vessel governed by the IPA will manage that vessel’s Chinook salmon bycatch to keep total bycatch below the performance standard de scribed in paragraph (f)(6) of this sec tion for the sector in which the vessel participates. (7) How the IPA ensures that the op erator of each vessel governed by the IPA will manage that vessel’s chum salmon bycatch to avoid areas and times where the chum salmon are like ly to return to western Alaska. (8) The rolling hot spot program for salmon bycatch avoidance that oper ates throughout the entire A season and B season and the agreement to pro vide notifications of closure areas and any violations of the rolling hot spot program to the third party group. (9) The restrictions or penalties tar geted at vessels that consistently have significantly higher Chinook salmon PSC rates relative to other vessels fish ing at the same time. (10) The requirement for vessels to enter a fishery-wide in-season salmon PSC data sharing agreement. (11) The requirement for the use of salmon excluder devices, with recogni tion of contingencies, from January 20 to March 31, and from September 1 until the end of the B season. (12) The requirement that salmon savings credits are limited to a max imum of three years for IPAs with salmon savings credits. (13) The restrictions or performance criteria used to ensure that Chinook salmon PSC rates in October are not significantly higher than those achieved in the preceding months. (F) Compliance agreement. The IPA must include a written statement that all parties to the IPA agree to comply with all provisions of the IPA. (G) Signatures. The names and signa tures of the owner or representative for VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00708 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 699 Fishery Conservation and Management § 679.21 each vessel and CDQ group that is a party to the IPA. The representative of an inshore cooperative, or the rep resentative of the entity formed to rep resent the AFA catcher/processor sec tor or the AFA mothership sector under paragraph (f)(8) of this section may sign a proposed IPA on behalf of all vessels that are members of that inshore cooperative or sector level en tity. (iv) Deadline and duration—(A) Dead line for proposed IPA. A proposed IPA must be received by NMFS no later than 1700 hours, A.l.t., on October 1 of the year prior to the year for which the IPA is proposed to be effective. (B) Duration. Once approved, an IPA is effective starting January 1 of the year following the year in which NMFS approves the IPA, unless the IPA is ap proved between January 1 and January 19, in which case the IPA is effective starting in the year in which it is ap proved. Once approved, an IPA is effec tive until December 31 of the first year in which it is effective or until Decem ber 31 of the year in which the IPA rep resentative notifies NMFS in writing that the IPA is no longer in effect, whichever is later. An IPA may not ex pire mid-year. No party may join or leave an IPA once it is approved, ex cept as allowed under paragraph (f)(12)(v)(C) of this section. (v) NMFS review of a proposed IPA— (A) Approval. An IPA will be approved by NMFS if it meets the following re quirements: (1) Meets the minimum participation requirements in paragraph (f)(12)(i) of this section; (2) Is submitted in compliance with the requirements of paragraphs (f)(12)(ii) and (iv) of this section; and (3) Contains the information required in paragraph (f)(12)(iii) of this section. (B) IPA identification number. If ap proved, NMFS will assign an IPA iden tification number to the approved IPA. This number must be used by the IPA representative in amendments to the IPA. (C) Amendments to an IPA. Amend ments to an approved IPA may be sub mitted to NMFS at any time and will be reviewed under the requirements of this paragraph (f)(12). An amendment to an approved IPA is effective upon written notification of approval by NMFS to the IPA representative. (D) Disapproval. (1) NMFS will dis approve a proposed IPA or a proposed amendment to an IPA for either of the following reasons: (i) If the proposed IPA fails to meet any of the requirements of paragraphs (f)(12)(i) through (iii) of this section, or (ii) If a proposed amendment to an IPA would cause the IPA to no longer be consistent with the requirements of paragraphs (f)(12)(i) through (iv) of this section. (2) Initial Administrative Determination (IAD). If, in NMFS’ review of the pro posed IPA, NMFS identifies defi ciencies in the proposed IPA that re quire disapproval of the proposed IPA, NMFS will notify the applicant in writ ing. The IPA representative will be provided one 30-day period to address, in writing, the deficiencies identified by NMFS. Additional information or a revised IPA received by NMFS after the expiration of the 30-day period specified by NMFS will not be consid ered for purposes of the review of the proposed IPA. NMFS will evaluate any additional information submitted by the applicant within the 30-day period. If the Regional Administrator deter mines that the additional information addresses deficiencies in the proposed IPA, the Regional Administrator will approve the proposed IPA under para graphs (f)(12)(iv)(B) and (f)(12)(v)(A) of this section. However, if, after consid eration of the original proposed IPA and any additional information sub mitted during the 30-day period, NMFS determines that the proposed IPA does not comply with the requirements of paragraph (f)(12) of this section, NMFS will issue an initial administrative de termination (IAD) providing the rea sons for disapproving the proposed IPA. (3) Administrative Appeals. An IPA representative who receives an IAD dis approving a proposed IPA may appeal under the procedures set forth at § 679.43. If the IPA representative fails to file an appeal of the IAD pursuant to § 679.43, the IAD will become the final agency action. If the IAD is appealed and the final agency action is a deter mination to approve the proposed IPA, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00709 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 700 50 CFR Ch. VI (10–1–22 Edition) § 679.21 then the IPA will be effective as de scribed in paragraph (f)(12)(iv)(B) of this section. (4) Pending appeal. While appeal of an IAD disapproving a proposed IPA is pending, proposed members of the IPA subject to the IAD that are not cur rently members of an approved IPA will fish under the opt-out allocation under paragraph (f)(5) of this section. If no other IPA has been approved by NMFS, NMFS will issue all sectors al locations of the 47,591 Chinook salmon PSC limit as described in paragraph (f)(3)(iii)(C) of this section, or, in low Chinook salmon abundance years, allo cations of the 33,318 Chinook salmon PSC limit as described in paragraph (f)(3)(iii)(D) of this section. (vi) Public release of an IPA. NMFS will make all proposed IPAs and all ap proved IPAs and the list of participants in each approved IPA available to the public on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/). (13) IPA Annual Report. The rep resentative of each approved IPA must submit a written annual report to the Council at the address specified in § 679.61(f). The Council will make the annual report available to the public. (i) Submission deadline. The IPA An nual Report must be received by the Council no later than March 15. (ii) Information requirements. The IPA Annual Report must contain the fol lowing information: (A) A comprehensive description of the incentive measures, including the rolling hot spot program and salmon excluder use, in effect in the previous year; (B) A description of how these incen tive measures affected individual ves sels; (C) An evaluation of whether incen tive measures were effective in achiev ing salmon savings beyond levels that would have been achieved in absence of the measures, including the effective ness of— (1) Measures to ensure that chum salmon were avoided in areas and at times where chum salmon are likely to return to western Alaska; (2) Restrictions or penalties that tar get vessels that consistently have sig nificantly higher Chinook salmon PSC rates relative to other vessels; and (3) Restrictions or performance cri teria used to ensure that Chinook PSC rates in October are not significantly higher than in previous months. (D) A description of any amendments to the terms of the IPA that were ap proved by NMFS since the last annual report and the reasons that the amend ments to the IPA were made. (E) The sub-allocation to each par ticipating vessel of the number of Chi nook salmon PSC and amount of pol lock (mt) at the start of each fishing season, and number of Chinook salmon PSC and amount of pollock (mt) caught at the end of each season. (F) The following information on in season transfer of Chinook salmon PSC and pollock among AFA cooperatives, entities eligible to receive Chinook salmon PSC allocations, or CDQ groups: (1) Date of transfer; (2) Name of transferor; (3) Name of transferee; (4) Number of Chinook salmon PSC transferred; and (5) Amount of pollock (mt) trans ferred. (G) The following information on in season transfers among vessels partici pating in the IPA: (1) Date of transfer; (2) Name of transferor; (3) Name of transferee; (4) Number of Chinook salmon PSC transferred; and (5) Amount pollock (mt) transferred. (14) Non-Chinook salmon prohibited species catch (PSC) limit and Chum Salm on Savings Area. (i) The PSC limit for non-Chinook salmon caught by vessels using trawl gear from August 15 through October 14 in the Catcher Ves sel Operational Area, as defined under § 679.22(a)(5) and in Figure 2 to this part, is 42,000 fish. (ii) 10.7 percent of the non-Chinook PSC limit is allocated to the CDQ Pro gram as a PSQ reserve. (iii) If the Regional Administrator determines that 42,000 non-Chinook salmon have been caught by vessels using trawl gear during the period Au gust 15 through October 14 in the Catcher Vessel Operational Area, NMFS will prohibit fishing for pollock VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00710 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 701 Fishery Conservation and Management § 679.21 for the remainder of the period Sep tember 1 through October 14 in the Chum Salmon Savings Area as defined in Figure 9 to this part. (iv) Trawl vessels participating in di rected fishing for pollock and oper ating under an IPA approved by NMFS under paragraph (f)(12) of this section are exempt from closures in the Chum Salmon Savings Area. (15) Salmon handling. Regulations in this paragraph apply to vessels di rected fishing for pollock in the BS, in cluding pollock CDQ, and processors taking deliveries from these vessels. (i) Salmon discard. The operator of a vessel and the manager of a shoreside processor or SFP must not discard any salmon 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 until the number of salmon has been determined by the observer and the ob server’s collection of any scientific data or biological samples from the salmon has been completed. (ii) Salmon retention and storage. (A) Operators of catcher/processors or motherships must— (1) Sort and transport all salmon by catch from each haul to an approved storage container located adjacent to the observer sampling station that al lows an observer free and unobstructed access to the salmon (see § 679.28(d)(2)(i) and (d)(7)). The salmon storage con tainer must remain in view of the ob server from the observer sampling sta tion at all times during the sorting of the haul. (2) If, at any point during sorting of a haul or delivery, the salmon are too numerous to be contained in the salm on storage container, cease all sorting and give the observer the opportunity to count the salmon in the storage con tainer and collect scientific data or bi ological samples. Once the observer has completed all counting and sampling duties for the counted salmon, the salmon must be removed by vessel per sonnel from the approved storage con tainer and the observer sampling sta tion, in the presence of the observer. (3) Before sorting of the next haul may begin, give the observer the oppor tunity to complete the count of salmon and the collection of scientific data or biological samples from the previous haul. When the observer has completed all counting and sampling duties for a haul or delivery, vessel personnel must remove the salmon, in the presence of the observer, from the salmon storage container and the observer sampling station. (4) Ensure no salmon of any species pass the observer sample collection point, as identified in the scale drawing of the observer sampling station (see § 679.28(d)(2)(i) and (d)(7)). (B) Operators of vessels delivering to shoreside processors or stationary floating processors must— (1) Retain all salmon taken inci dental to a directed fishery for pollock in the BS until the salmon are deliv ered to the processor receiving the ves sel’s BS pollock catch. (2) Notify the observer at least 15 minutes before handling catch on board the vessel, including, but not limited to, moving catch from one location to another, sorting, or discard of catch prior to the delivery of catch to the processor receiving the vessel’s BS pol lock catch. This notification require ment is in addition to the notification requirements in § 679.51(e). (3) Secure all salmon and catch after the observer has completed the collec tion of scientific data and biological samples and after the vessel crew has completed handling the catch. All salmon and any other catch retained on board the vessel must be made un available for sorting and discard until the delivery of catch to the processor receiving the vessel’s BS pollock catch. Methods to make salmon or retained catch unavailable for sorting or discard include but are not limited to securing the catch in a completely enclosed con tainer above or below deck, securing the catch in an enclosed codend, or completely and securely covering the fish on deck. (4) Comply with the requirements in paragraphs (f)(15)(ii)(B)(2) and (3) of this section, before handling the catch prior to delivery. (C) Shoreside processors or sta tionary floating processors must— VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00711 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 702 50 CFR Ch. VI (10–1–22 Edition) § 679.21 (1) Comply with the requirements in § 679.28(g)(7)(vii) for the receipt, sort ing, and storage of salmon from deliv eries of catch from the BS pollock fish ery. (2) Ensure no salmon of any species pass beyond the last point where sort ing of fish occurs, as identified in the scale drawing of the plant in the Catch Monitoring Control Plan (CMCP). (3) Sort and transport all salmon of any species to the salmon storage con tainer identified in the CMCP (see § 679.28 (g)(7)(vi)(C) and (g)(7)(x)(F)). The salmon must remain in that salm on storage container and within the view of the observer at all times during the offload. (4) If, at any point during the offload, salmon are too numerous to be con tained in the salmon storage container, cease the offload and all sorting and give the observer the opportunity to count the salmon and collect scientific data or biological samples. The count ed salmon then must be removed from the area by plant personnel in the pres ence of the observer. (5) At the completion of the offload, give the observer the opportunity to count the salmon and collect scientific data or biological samples. (6) Before sorting of the next offload of catch from the BS pollock fishery may begin, give the observer the oppor tunity to complete the count of salmon and the collection of scientific data or biological samples from the previous offload of catch from the BS pollock fishery. When the observer has com pleted all counting and sampling duties for the offload, plant personnel must remove the salmon, in the presence of the observer, from the salmon storage container and location where salmon are counted and biological samples or scientific data are collected. (iii) Assignment of crew to assist ob server. Operators of vessels and man agers of shoreside processors and SFPs that are required to retain salmon under paragraph (f)(15)(i) of this sec tion must designate and identify to the observer aboard the vessel, or at the shoreside processor or SFP, a crew per son or employee responsible for ensur ing all sorting, retention, and storage of salmon occurs according to the re quirements of (f)(15)(ii) of this section. (iv) Discard of salmon. Except for salmon under the PSD Program at § 679.26, all salmon must be returned to the sea as soon as is practicable, fol lowing notification by an observer that the number of salmon has been deter mined and the collection of scientific data or biological samples has been completed. (g) Chinook salmon bycatch manage ment in the AI pollock fishery—(1) Appli cability. This paragraph contains regu lations governing the bycatch of Chi nook salmon in the AI pollock fishery. (2) AI Chinook salmon PSC limit. (i) The PSC limit for Chinook salmon caught by vessels while harvesting pol lock in the AI is 700 fish. (ii) 7.5 percent of the PSC limit is al located to the CDQ Program as a PSQ reserve. (3) Area closures. If, during the fishing year, the Regional Administrator de termines that catch of Chinook salmon by vessels using trawl gear while di rected fishing for pollock in the AI will reach the PSC limit, NMFS, by notifi cation in the FEDERAL REGISTER, will close the AI Chinook Salmon Savings Area, as defined in Figure 8 to this part, to directed fishing for pollock with trawl gear on the following dates: (i) From the effective date of the clo sure until April 15, and from September 1 through December 31, if the Regional Administrator determines that the an nual limit of AI Chinook salmon will be attained before April 15. (ii) From September 1 through De cember 31, if the Regional Adminis trator determines that the annual limit of AI Chinook salmon will be at tained after April 15. (h) GOA Chinook Salmon PSC Manage ment—(1) Applicability. Regulations in this paragraph apply to trawl vessels participating in the directed fishery for groundfish in the Western and Central reporting areas of the GOA and proc essors receiving deliveries from these vessels. (2) GOA Chinook salmon PSC limits for the pollock sectors (fisheries). (i) The an nual PSC limit for vessels partici pating in the directed fishery for pol lock in the Western reporting area of the GOA is 6,684 Chinook salmon. (ii) The annual PSC limit for vessels participating in the directed fishery for VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00712 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 703 Fishery Conservation and Management § 679.21 pollock in the Central reporting area of the GOA is 18,316 Chinook salmon. (3) GOA non-pollock trawl sectors. For the purposes of accounting for the an nual Chinook salmon PSC limits at paragraph (h)(4)(i) of this section, the non-pollock trawl sectors are: (i) Trawl catcher/processor sector. The Trawl catcher/processor sector is any catcher/processor vessel fishing for groundfish, other than pollock, with trawl gear in the Western or Central GOA reporting area and processing that groundfish at sea; (ii) Rockfish Program catcher vessel sec tor. The Rockfish Program catcher ves sel sector is any catcher vessel fishing for groundfish, other than pollock, with trawl gear in the Western or Cen tral reporting area of the GOA and op erating under the authority of a Cen tral GOA Rockfish Program CQ permit assigned to the catcher vessel sector; and (iii) Non-Rockfish Program catcher ves sel sector. The Non-Rockfish Program catcher vessel sector is any catcher vessel fishing for groundfish, other than pollock, with trawl gear in the Western or Central reporting area of the GOA and not operating under the authority of a Central GOA Rockfish Program CQ permit assigned to the catcher vessel sector. (4) GOA Chinook salmon PSC limits for non-pollock trawl fisheries. (i) The an nual Chinook salmon PSC limits in the Western and Central reporting areas of the GOA for the sectors defined in paragraph (h)(3) of this section are as follows: For the following sectors defined in § 679.21(h)(3) . . . The total Chi nook salmon PSC limit in each calendar year is . . . Unless, the use of the Chinook salmon PSC limit for that sector in a calendar year does not exceed . . . If so, in the following cal endar year, the Chinook salmon PSC limit for that sector will be . . . (A) Trawl catcher/processor sector ....................................................... 3,600 3,120 4,080 (B) Rockfish Program catcher vessel sector ........................................ 1,200 N/A (C) Non-Rockfish Program catcher vessel sector ................................ 2,700 2,340 3,060 (ii) For the Trawl catcher/processor sector defined in paragraph (h)(3)(i) of this section: (A) The seasonal PSC limit prior to June 1 is 2,376 Chinook salmon if the annual Chinook salmon PSC limit is 3,600. The seasonal PSC limit prior to June 1 is 2,693 Chinook salmon if the annual Chinook salmon PSC limit is 4,080. (B) The number of Chinook salmon PSC available on June 1 through the remainder of the calendar year is the annual Chinook salmon PSC limit specified for the Trawl catcher/proc essor sector minus the number of Chi nook salmon used by that sector prior to June 1 and any Chinook salmon PSC limit reapportioned to another sector specified at paragraph (h)(5)(iii) of this section prior to June 1. (5) Inseason reapportionment of Chi nook salmon PSC limits. (i) On October 1, the Regional Administrator may re allocate any unused Chinook salmon PSC available to the Rockfish Program catcher vessel sector, defined in para graph (h)(3)(ii) of this section, in excess of 150 Chinook salmon to the Non Rockfish Program catcher vessel sec tor, but not to exceed the Non-Rock fish Program catcher vessel sector’s limit on Chinook salmon PSC reappor tionment as defined in paragraph (h)(5)(iv)(D) of this section. (ii) On November 15, the Regional Ad ministrator may reallocate all remain ing Chinook salmon PSC available to the Rockfish Program catcher vessel sector, defined in paragraph (h)(3)(ii) of this section, to the Non-Rockfish Pro gram catcher vessel sector, but not to exceed the Non-Rockfish Program catcher vessel sector’s limit on Chi nook salmon PSC reapportionment as defined in paragraph (h)(5)(iv)(D) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00713 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 704 50 CFR Ch. VI (10–1–22 Edition) § 679.21 (iii) Any Chinook salmon PSC limit in paragraphs (h)(2) or (h)(4) of this sec tion projected by the Regional Admin istrator to be unused during the re mainder of the fishing year may be re apportioned subject to the Chinook salmon PSC limits in paragraphs (h)(5)(iv)(A) through (D) of this section for the remainder of the fishing year. NMFS will publish notification in the FEDERAL REGISTER announcing any Chinook salmon PSC limit reappor tionments in the GOA. (iv) On an annual basis, NMFS shall not reapportion an amount of unused Chinook salmon PSC greater than the following amounts: (A) 3,342 Chinook salmon to vessels participating in the directed fishery for pollock in the Western reporting area of the GOA; (B) 9,158 Chinook salmon to vessels participating in the directed fishery for pollock in the Central reporting area of the GOA; (C) 600 Chinook salmon to the Rock fish Program catcher vessel sector de fined in paragraph (h)(3)(ii) of this sec tion; and (D) 1,350 Chinook salmon to the Non Rockfish Program catcher vessel sector defined in paragraph (h)(3)(iii) of this section. (6) Salmon retention. (i) The operator of a vessel, including but not limited to a catcher vessel or tender, must retain all salmon until delivered to a proc essing facility. (ii) The operator of a catcher/proc essor or the owner and manager of a shoreside processor or SFP receiving groundfish deliveries from trawl ves sels must retain all salmon until the number of salmon by species has been accurately recorded in the eLandings at-sea production report or eLandings groundfish landing report. (iii) The owner and manager of a shoreside processor or SFP receiving pollock deliveries must, if an observer is present, retain all salmon until the observer is provided the opportunity to count the number of salmon and col lect scientific data or biological sam ples from the salmon. (iv) The operator of a catcher/proc essor must retain all salmon until an observer is provided the opportunity to collect scientific data or biological samples from the salmon. (7) Salmon discard. Except for salmon under the PSD program defined in § 679.26, all salmon must be discarded after the requirements at paragraph (h)(6)(ii) or (h)(6)(iii) of this section have been met. (8) GOA Chinook salmon PSC closures. If, during the fishing year, the Re gional Administrator determines that: (i) Vessels participating in the di rected fishery for pollock in the West ern reporting area or Central reporting area of the GOA will reach the applica ble Chinook salmon PSC limit specified for that reporting area under para graph (h)(2) of this section or the appli cable limit following any reapportion ment under paragraph (h)(5) of this sec tion, NMFS will publish notification in the FEDERAL REGISTER closing the ap plicable regulatory area to directed fishing for pollock; (ii) Vessels in a sector defined in paragraph (h)(3) of this section will reach the applicable Chinook salmon PSC limit specified for that sector under paragraph (h)(4)(i) of this section or the applicable limit following any reapportionment under paragraph (h)(5) of this section, NMFS will pub lish notification in the FEDERAL REG ISTER closing directed fishing for all groundfish species, other than pollock, with trawl gear in the Western and Central reporting areas of the GOA for that sector; or (iii) Vessels in the Trawl catcher/ processor sector defined in paragraph (h)(3)(i) of this section will reach the seasonal Chinook salmon PSC limit specified at paragraph (h)(4)(ii)(A) of this section prior to June 1, NMFS will publish notification in the FEDERAL REGISTER closing directed fishing for all groundfish species, other than pol lock, with trawl gear in the Western and Central reporting areas of the GOA for all vessels in the Trawl catcher/ processor sector until June 1. Directed fishing for groundfish species, other than pollock will reopen on June 1 for the Trawl catcher/processor sector de fined in paragraph (h)(3)(i) of this sec tion with the Chinook salmon PSC limit determined at paragraph (h)(4)(ii)(B) of this section unless NMFS determines that the amount of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00714 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 705 Fishery Conservation and Management § 679.22 Chinook salmon PSC available to the sector is insufficient to allow the sec tor to fish and not exceed its annual Chinook salmon PSC limit. [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.21, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.22 Closures. (a) BSAI—(1) Zone 1 (512) closure to trawl gear. No fishing with trawl gear is allowed at any time in reporting Area 512 of Zone 1 in the Bering Sea subarea. (2) Zone 1 (516) closure to trawl gear. No fishing with trawl gear is allowed at any time in reporting Area 516 of Zone 1 in the Bering Sea Subarea during the period March 15 through June 15. (3) Red King Crab Savings Area (RKCSA). Directed fishing for ground fish by vessels using trawl gear other than pelagic trawl gear is prohibited at all times, except as provided at § 679.21(e)(3)(ii)(B), in that part of the Bering Sea subarea defined as RKCSA in Figure 11 to this part. (4) Walrus protection areas. (i) From April 1 through September 30 of each calendar year, vessels designated on a Federal fisheries permit issued under § 679.4 are prohibited from deploying fishing gear in that part of the Bering Sea subarea between 3 and 12 nm sea ward of the baseline used to measure the territorial sea around islands named Round Island and The Twins, as shown on National Ocean Survey Chart 16315, and around Cape Peirce (58°33′ N. lat., 161°43′ W. long.). (ii) From April 1 through September 30 of each calendar year, vessels des ignated on a Federal fisheries permit issued under § 679.4 are prohibited in that part of the Bering Sea subarea be tween 3 and 12 nm seaward of the base line used to measure the territorial sea around islands named Round Island and The Twins, as shown on National Ocean Survey Chart 16315, and around Cape Peirce (58°33′ N. lat., 161°43′ W. long.), except that from April 1 through August 15 of each calendar year vessels designated on a Federal fisheries permit are not prohibited from entering and transiting through waters off: (A) Round Island, north of a straight line connecting 58°47.90′ N. lat./160°21.91′ W. long., and 58°32.94′ N. lat./159°35.45′ W. long.; and (B) Cape Peirce, east of a straight line connecting 58°30.00′ N. lat./161°46.20′ W. long., and 58°21.00′ N. lat./161°46.20′ W. long. (5) Catcher Vessel Operational Area (CVOA)—(i) Definition. The CVOA is de fined as that part of the BSAI that is south of 56°00′ N lat. and between 163°00′ W long. and 167°30′ W long., and north of the Aleutian Islands (Figure 2 to part 679). (ii) Catcher/processor restrictions. A catcher/processor vessel authorized to fish for BSAI pollock under § 679.4 is prohibited from conducting directed fishing for pollock in the CVOA during the B pollock season defined at § 679.23(e)(2)(ii), unless it is directed fishing for Pollock CDQ. (6) Pribilof Islands Habitat Conserva tion Zone. Directed fishing for ground fish using trawl gear or pot gear, or fishing for halibut using pot gear, is prohibited at all times in the area de fined in Figure 10 to this part as the Pribilof Islands Habitat Conservation Zone. (7) Steller sea lion protection areas, Ber ing Sea reporting areas—(i) Bogoslof area—(A) Boundaries. The Bogoslof area consists of all waters of area 518 as de scribed in Figure 1 of this part south of a straight line connecting 55°00′ N lat./ 170°00′ W long., and 55°00′ N lat./ 168°11′4.75′ W long.; (B) Fishing prohibition. All waters within the Bogoslof area are closed to directed fishing for pollock, Pacific cod, and Atka mackerel by vessels named on a Federal Fisheries Permit under § 679.4(b), except as provided in paragraph (a)(7)(i)(C) of this section. (C) Bogoslof Pacific cod exemption area. (1) All catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line gear for directed fishing for Pacific cod are exempt from the Pacific cod fishing prohibition as described in paragraph (a)(7)(i)(B) of this section in the por tion of the Bogoslof area south of a line connecting a point 3 nm north of Bishop Point (54°01′25″ N lat./166°57′00″ W long.) to Cape Tanak (53°33′50″ N lat./ 168°00′00″ W long.), not including waters of the Bishop Point Pacific cod fishing VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00715 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 706 50 CFR Ch. VI (10–1–22 Edition) § 679.22 closures as described in Table 5 of this part. (2) If the Regional Administrator de termines that 113 mt of Pacific cod have been caught by catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the exemption area described in paragraph (a)(7)(i)(C)(1) of this section, the Re gional Administrator will prohibit di rected fishing for Pacific cod by catch er vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the exemption area by notification pub lished in the FEDERAL REGISTER. (ii) Bering Sea Pollock Restriction Area—(A) Boundaries. The Bering Sea Pollock Restriction Area consists of all waters of the Bering Sea subarea south of a line connecting the points 163°0′00″ W long./55°46′30″ N lat., 165°08′00″ W long./54°42′9″ N lat., 165°40′00″ W long./ 54°26′30″ N lat., 166°12′00″ W long./ 54°18′40″ N lat., and 167°0′00″ W long./ 54°8′50″ N lat. (B) Fishing prohibition. All waters within the Bering Sea Pollock Restric tion Area are closed during the A sea son, as defined at § 679.23(e)(2), to di rected fishing for pollock by vessels named on a Federal Fisheries Permit under § 679.4(b). (iii) Groundfish closures. Directed fishing for groundfish by vessels named on a Federal Fisheries Permit under § 679.4(b) is prohibited within 3 nm of selected sites. These sites are listed in Table 12 of this part and are identified by ‘‘Bering Sea’’ in column 2. (iv) Pollock closures. Directed fishing for pollock by vessels named on a Fed eral Fisheries Permit under § 679.4(b) is prohibited within pollock no-fishing zones around selected sites. These sites are listed in Table 4 of this part and are identified by ‘‘Bering Sea’’ in col umn 2. (v) Pacific cod closures. Directed fish ing for Pacific cod by vessels named on a Federal Fisheries Permit under § 679.4(b) and using trawl, hook-and line, or pot gear is prohibited within the Pacific cod no-fishing zones around selected sites. These sites and gear types are listed in Table 5 of this part and are identified by ‘‘BS’’ in column 2. (vi) Atka mackerel closures. Directed fishing for Atka mackerel by vessels named on a Federal Fisheries Permit under § 679.4(b) and using trawl gear is prohibited within the Bering Sea re porting areas. (vii) Steller sea lion conservation area (SCA)—(A) General. Directed fishing for pollock by vessels catching pollock for processing by the inshore component, catcher/processors in the offshore com ponent, motherships in the offshore component, or directed fishing for CDQ pollock, is prohibited within the SCA until April 1 when the Regional Admin istrator announces, by notification in the FEDERAL REGISTER, that the cri teria set out in paragraph (a)(7)(vii)(C) of this section have been met by that industry component. (B) Boundaries. The SCA consists of the area of the Bering Sea subarea be tween 170°00′ W long. and 163°00′ W long., south of straight lines con necting the following points in the order listed: 55°00′ N lat. 170°00′ W long.; 55°00′ N lat. 168°00′ W long.; 55°30′ N lat. 168°00′ W long.; 55°30′ N lat. 166°00′ W long.; 56°00′ N lat. 166°00′ W long.; and, 56°00′ N lat. 163°00′ W long. (C) Criteria for closure—(1) General. The directed fishing closures identified in paragraph (a)(7)(vii)(A) of this sec tion will take effect when the Regional Administrator determines that the harvest limit for pollock within the SCA, as specified in § 679.20(a)(5)(i)(C) is reached before April 1. The Regional Administrator shall prohibit directed fishing for pollock in the SCA by noti fication published in the FEDERAL REG ISTER. (2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The Regional Admin istrator will prohibit directed fishing for pollock by vessels greater than 99 ft (30.2 m) LOA, catching pollock for processing by the inshore component before reaching the inshore SCA har vest limit before April 1 to accommo date fishing by vessels less than or equal to 99 ft (30.2 m) inside the SCA until April 1. The Regional Adminis trator will estimate how much of the inshore seasonal allowance is likely to be harvested by catcher vessels less than or equal to 99 ft (30.2 m) LOA and reserve a sufficient amount of the inshore SCA allowance to accommo date fishing by such vessels after the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00716 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 707 Fishery Conservation and Management § 679.22 closure of the SCA to inshore vessels greater than 99 ft (30.2 m) LOA. The Re gional Administrator will prohibit di rected fishing for all inshore catcher vessels within the SCA when the har vest limit specified in § 679.20(a)(5)(i)(C) has been met before April 1. (8) Steller sea lion protection areas, Aleutian Islands reporting areas—(i) Seguam Foraging area. (A) The Seguam foraging area is all waters within the area between 52° N lat. and 53° N lat. and between 173°30′ W long. and 172°30′ W long. (B) Directed fishing for pollock, Pa cific cod, and Atka mackerel by vessels named on a Federal Fisheries Permit under § 679.4(b) is prohibited in the Seguam Foraging area as described in paragraph (a)(8)(i)(A) of this section. (ii) Pollock Closure. Directed fishing for pollock by vessels named on a Fed eral Fisheries Permit under § 679.4(b) is prohibited within the pollock no-fish ing zones around selected sites. These sites are listed in Table 4 of this part and are identified by ‘‘Aleutian I.’’ in column 2. (iii) Groundfish closures. Directed fishing for groundfish by vessels named on a Federal Fisheries Permit under § 679.4(b) is prohibited within 3 nm of selected sites. These sites are listed in Table 12 of this part and are identified by ‘‘Aleutian Islands’’ in column 2. (iv) Pacific cod closures. Directed fish ing for Pacific cod required to be de ducted from the Federal TAC specified at § 679.20 by vessels named on a Fed eral Fisheries Permit under § 679.4(b) using trawl, hook-and-line, or pot gear is prohibited within Pacific cod no fishing zones around selected sites. These sites and gear types are de scribed in Table 5 of this part and its footnotes and are identified by ‘‘AI’’ in column 2. (v) Atka mackerel closures. Directed fishing for Atka mackerel by vessels named on a Federal Fisheries Permit under § 679.4(b) and using trawl gear is prohibited within Atka mackerel no fishing zones around selected sites. These sites are listed in Table 6 of this part and are identified by ‘‘Aleutian Is lands’’ in column 2. (9) Nearshore Bristol Bay Trawl Clo sure. Directed fishing for groundfish by vessels using trawl gear in Bristol Bay, as described in the current edition of NOAA chart 16006, is closed at all times in the area east of 162°00′ W. long., ex cept that the Nearshore Bristol Bay Trawl Area defined in Figure 12 to this part is open to trawling from 1200 hours A.l.t., April 1 to 1200 hours A.l.t., June 15 of each year. (10) Chum Salmon Savings Area. Di rected fishing for pollock by vessels using trawl gear is prohibited from Au gust 1 through August 31 in the Chum Salmon Savings Area defined at Figure 9 to this part (see also § 679.21(f)(14)). Vessels directed fishing for pollock in the BS, including pollock CDQ, and op erating under an approved IPA under § 679.21(f)(12) are exempt from closures in the Chum Salmon Savings Area. (11) [Reserved] (12) Alaska Seamount Habitat Protec tion Areas. No federally permitted ves sel may fish with bottom contact gear in the Alaska Seamount Habitat Pro tection Areas, as described in Table 22 to this part. (13) Aleutian Islands Coral Habitat Pro tection Areas. No federally permitted vessel may fish with bottom contact gear in the Aleutian Islands Coral Habitat Protection Areas, as described in Table 23 to this part. (14) Aleutian Islands Habitat Conserva tion Area. Except within those areas identified as opened to nonpelagic trawl gear fishing in Table 24 to this part, no federally permitted vessel may fish with nonpelagic trawl gear in the Aleutian Islands Habitat Conservation Area, as described in Table 24 to this part. (15) Bowers Ridge Habitat Conservation Zone. No federally permitted vessel may fish with mobile bottom contact gear in the Bowers Ridge Habitat Con servation Zone, as described in Table 25 to this part. (16) Bering Sea Habitat Conservation Area. No federally permitted vessel may fish with nonpelagic trawl gear in the Bering Sea Habitat Conservation Area specified at Table 42 and Figure 16 to this part. (17) Northern Bering Sea Research Area. No federally permitted vessel may fish with nonpelagic trawl gear in the Northern Bering Sea Research Area specified at Table 43 and Figure 17 to this part. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00717 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 708 50 CFR Ch. VI (10–1–22 Edition) § 679.22 (18) Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area. No federally permitted vessel may fish with nonpelagic trawl gear in the Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area specified at Table 44 and Figure 21 to this part. (19) St. Lawrence Island Habitat Con servation Area. No federally permitted vessel may fish with nonpelagic trawl gear in the St. Lawrence Island Habi tat Conservation Area specified at Table 45 to this part. (20) St. Matthew Island Habitat Con servation Area. No federally permitted vessel may fish with nonpelagic trawl gear in the St. Matthew Island Habitat Conservation Area specified at Table 46 to this part. (21) Modified Gear Trawl Zone. No ves sel required to be federally permitted may fish with nonpelagic trawl gear in the Modified Gear Trawl Zone specified at Table 51 to this part, except for fed erally permitted vessels that are di rected fishing for groundfish using modified nonpelagic trawl gear that meets the standards at § 679.24(f). (b) GOA—(1) Kodiak Island, trawls other than pelagic trawls—(i) Type I clo sures. No person may trawl in waters of the EEZ within the vicinity of Kodiak Island, as shown in Figure 5 to this part as Type I areas, from a vessel hav ing any trawl other than a pelagic trawl either attached or on board. (ii) Type II closures. From February 15 to June 15, no person may trawl in waters of the EEZ within the vicinity of Kodiak Island, as shown in Figure 5 to this part as Type II areas, from a vessel having any trawl other than a pelagic trawl either attached or on board. (iii) Type III closures. Type III areas are open unless otherwise closed to trawling. (2) Steller sea lion protection areas—(i) Groundfish closures. Directed fishing for groundfish by vessels named on a Fed eral Fisheries Permit under § 679.4(b) is prohibited within 3 nm of selected sites. These sites are listed in Table 12 of this part and are identified by ‘‘Gulf of Alaska’’ in column 2. (ii) Pollock closures. Directed fishing for pollock by vessels named on a Fed eral Fisheries Permit under § 679.4(b) is prohibited within pollock no-fishing zones around selected sites. These sites are listed in Table 4 of this part and are identified by ‘‘Gulf of Alaska’’ in column 2. (iii) Pacific cod closures. Directed fish ing for Pacific cod by vessels named on a Federal Fisheries Permit under § 679.4(b) and using trawl, hook-and line, or pot gear in the federally man aged Pacific cod or State of Alaska parallel groundfish fisheries, as defined in Alaska Administrative Code (5 AAC 28.087(c), January 3, 2002), is prohibited within Pacific cod no-fishing zones around selected sites. These sites and gear types are listed in Table 5 of this part and are identified by ‘‘GOA’’ in column 2. (iv) Atka mackerel closure. Directed fishing for Atka mackerel by vessels named on a Federal Fisheries Permit under § 679.4(b) within the Gulf of Alas ka subarea is prohibited at all times. (3) Marmot Bay Tanner Crab Protection Area. No federally permitted vessel may fish with trawl gear in the Marmot Bay Tanner Crab Protection Area, as described in Figure 5 to this part, except federally permitted vessels directed fishing for pollock using pe lagic trawl gear. (4) Southeast Outside District, gear other than nontrawl. Use of any gear other than nontrawl gear is prohibited at all times in Southeast Outside Dis trict defined at Figure 3 to this part. (5) Sitka Pinnacles Marine Reserve. (i) No FFP holder may fish for groundfish in the Sitka Pinnacles Marine Reserve, and no vessel named on an FFP may be anchored in the Sitka Pinnacles Ma rine Reserve, as described in Figure 18 to this part. (ii) No person fishing under an IFQ halibut permit may fish for halibut and no person fishing under an IFQ sable fish permit may fish for sablefish in the Sitka Pinnacles Marine Reserve; and no vessel with an IFQ permit hold er or IFQ hired master permit holder onboard may be anchored in the Sitka Pinnacles Marine Reserve, as described in Figure 18 to this part. (6) [Reserved] (7) Cook Inlet. No person may use a non-pelagic trawl in waters of the EEZ of Cook Inlet north of a line from Cape VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00718 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 709 Fishery Conservation and Management § 679.23 Douglas (58°51.10′ N. lat.) to Point Adam (59°15.27′ N. lat.). (8) Alaska Seamount Habitat Protection Areas. No federally permitted vessel may fish with bottom contact gear in the Alaska Seamount Habitat Protec tion Areas, as described in Table 22 to this part. (9) Gulf of Alaska Coral Habitat Protec tion Areas. No federally permitted ves sel may fish with bottom contact gear in the Gulf of Alaska Coral Habitat Protection Areas, as described in Table 26 to this part. (10) Gulf of Alaska Slope Habitat Con servation Areas. No federally permitted vessel may fish with nonpelagic trawl gear in the Gulf of Alaska Slope Habi tat Conservation Areas, as described in Table 27 to this part. (c) Directed fishing closures. See § 679.20(d) and § 679.20(i). (d) Groundfish as prohibited species clo sures. See § 679.20(d). (e) Overfishing closures. See § 679.20(d). (f) Prohibited species closures. See § 679.21. (g) [Reserved] (h) CDQ fisheries closures. See § 679.7(d)(5) for time and area closures that apply to the CDQ fisheries once the non-Chinook salmon PSQ and crab PSQ amounts have been reached. (i) Forage fish, grenadiers, squids, and sculpins closures. See § 679.20(i)(3). [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.22, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.23 Seasons. (a) Groundfish, general. Fishing for groundfish in the GOA and BSAI is au thorized from 0001 hours, A.l.t., Janu ary 1, through 2400 hours, A.l.t., De cember 31, subject to the other provi sions of this part, except as provided in paragraph (c) of this section. (b) Time of groundfish openings and closures. The time of all openings and closures of fishing seasons, other than the beginning and end of the calendar fishing year, is 1200 hours, A.l.t. (c) GOA and BSAI trawl groundfish. Notwithstanding other provisions of this part, fishing for groundfish with trawl gear in the GOA and BSAI is pro hibited from 0001 hours, A.l.t., January 1, through 1200 hours, A.l.t., January 20. (d) GOA groundfish seasons—(1) Di rected fishing for trawl rockfish. Directed fishing for rockfish with trawl gear is authorized from 1200 hours, A.l.t., on the first day of the third quarterly re porting period of a fishing year through 2400 hours, A.l.t., December 31, subject to other provisions of this part. (2) Directed fishing for pollock. Subject to other provisions of this part, di rected fishing for pollock in the West ern and Central Regulatory Areas is authorized only during the following two seasons: (i) A season. From 1200 hours, A.l.t., January 20 through 1200 hours, A.l.t., May 31; and (ii) B season. From 1200 hours, A.l.t., September 1 through 1200 hours, A.l.t., November 1. (3) Directed fishing for Pacific cod—(i) Hook-and-line or pot gear. Subject to other provisions of this part, directed fishing for Pacific cod with hook-and line or pot gear in the Western and Central GOA Regulatory Areas is au thorized only during the following two seasons: (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, A.l.t., June 10; and (B) B season. From 1200 hours, A.l.t., September 1 through 2400 hours, A.l.t., December 31. (ii) Trawl gear. Subject to other pro visions of this part, directed fishing for Pacific cod with trawl gear in the Western and Central Regulatory Areas is authorized only during the following two seasons except as authorized in Subpart G of this Section under the Rockfish Program: (A) A season. From 1200 hours, A.l.t., January 20 through 1200 hours, A.l.t., June 10; and (B) B season. From 1200 hours, A.l.t., September 1 through 1200 hours, A.l.t., November 1. (iii) Jig gear. Subject to other provi sions of this part, directed fishing for Pacific cod with jig gear in the Western and Central GOA Regulatory Areas is authorized only during the following two seasons: (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, A.l.t., VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00719 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 710 50 CFR Ch. VI (10–1–22 Edition) § 679.23 June 10 or when the jig A season allo cation is reached, whichever occurs first; (B) B season. From 1200 hours, A.l.t., June 10 through 2400 hours, A.l.t., De cember 31 or when the jig B season al location is reached, whichever occurs first. (e) BSAI groundfish seasons—(1) Di rected fishing for arrowtooth flounder, Kamchatka flounder, and Greenland turbot. Directed fishing for arrowtooth flounder, Kamchatka flounder, and Greenland turbot in the BSAI is au thorized from 1200 hours, A.l.t., May 1 through 2400 hours, A.l.t., December 31, subject to the other provisions of this part. (2) Directed fishing for pollock in the Bering Sea subarea by inshore, offshore catcher/processor, and mothership compo nents, in the AI directed pollock fishery, and pollock CDQ fisheries. Subject to other provisions of this part, directed fishing for pollock by vessels catching pollock for processing by the inshore component, catcher/processors in the offshore component, and motherships in the offshore component in the Ber ing Sea subarea, directed fishing for pollock in the AI directed pollock fish ery, or directed fishing for CDQ pollock in the BSAI is authorized only during the following two seasons: (i) A season. From 1200 hours, A.l.t., January 20 through 1200 hours, A.l.t., June 10; and (ii) B season. From 1200 hours, A.l.t., June 10 through 1200 hours, A.l.t., No vember 1. (3) Directed fishing for Atka mackerel with trawl gear. Subject to other provi sions of this part, directed fishing for Atka mackerel with trawl gear in the BSAI is authorized only during the fol lowing two seasons: (i) A season. From 1200 hours, A.l.t., January 20 through 1200 hours, A.l.t., June 10; and (ii) B season. From 1200 hours, A.l.t., June 10 through 1200 hours, A.l.t., De cember 31. (4) CDQ fishing seasons—(i) Halibut CDQ. Fishing for CDQ halibut with fixed gear under an approved CDQ allo cation may begin on the effective date of the allocation, except that CDQ fish ing may occur only during the fishing periods specified in the annual manage ment measures published in the FED ERAL REGISTER pursuant to § 300.62 of chapter III of this title. (ii) Sablefish CDQ. Fishing for CDQ sablefish with fixed gear under an ap proved CDQ allocation may begin on the effective date of the allocation, ex cept that it may occur only during the IFQ fishing season specified in para graph (g)(1) of this section. (iii) Groundfish CDQ. Fishing for groundfish CDQ species, other than CDQ pollock; hook-and-line, pot, jig, or trawl CDQ Pacific cod; trawl CDQ Atka mackerel; and fixed gear CDQ sablefish under subpart C of this part, is author ized from 0001 hours, A.l.t., January 1 through the end of each fishing year, except as provided under paragraph (c) of this section. (5) Directed fishing for Pacific cod—(i) Hook-and-line gear. Subject to other provisions of this part, directed fishing for CDQ and non-CDQ Pacific cod with vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line gear is authorized only during the following two seasons: (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, A.l.t., June 10; and (B) B season. From 1200 hours, A.l.t., June 10 through 2400 hours, A.l.t., De cember 31. (ii) Trawl gear. Subject to other pro visions of this part, directed fishing for CDQ and non-CDQ Pacific cod with trawl gear in the BSAI is authorized only during the following three sea sons: (A) A season. From 1200 hours, A.l.t., January 20 through 1200 hours, A.l.t., April 1; (B) B season. From 1200 hours, A.l.t., April 1 through 1200 hours, A.l.t., June 10; and (C) C season— (1) Catcher vessels and AFA catcher/processors. From 1200 hours, A.l.t., June 10 through 1200 hours, A.l.t., November 1. (2) Amendment 80 and CDQ. From 1200 hours, A.l.t., June 10 through 1200 hours, A.l.t., December 31. (iii) Pot gear. Subject to other provi sions of this part, non-CDQ directed fishing for Pacific cod with vessels equal to or greater than 60 ft (18.3 m) VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00720 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 711 Fishery Conservation and Management § 679.23 LOA using pot gear in the BSAI is au thorized only during the following two seasons: (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, A.l.t., June 10; and (B) B season. From 1200 hours, A.l.t., September 1 through 2400 hours, A.l.t., December 31. (iv) Jig gear. Subject to other provi sions of this part, directed fishing for CDQ and non-CDQ Pacific cod with jig gear is authorized only during the fol lowing three seasons: (A) A season. From 0001 hours, A.l.t., January 1 through 1200 hours, A.l.t., April 30; (B) B season. From 1200 hours, A.l.t., April 30 through 1200 hours, A.l.t., Au gust 31; (C) C season. From 1200 hours, A.l.t., August 31 through 2400 hours, A.l.t., December 31. (f) IFQ halibut. The fishing period(s) for IFQ halibut are established by the IPHC and are specified in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of chapter III of this title. Catches of halibut by fixed gear at times other than during the specified fishing peri ods must be treated as prohibited spe cies as prescribed at § 679.21(a). (g) IFQ sablefish. (1) Directed fishing for sablefish using fixed gear in any IFQ regulatory area may be conducted in any fishing year during the period specified by the Regional Adminis trator and announced by publication in the FEDERAL REGISTER. The Regional Administrator will take into account the opening date of the halibut season when determining the opening date for sablefish for the purposes of reducing bycatch and regulatory discards be tween the two fisheries. (2) Except for catches of sablefish with longline pot gear in the GOA, catches of sablefish by fixed gear dur ing other periods may be retained up to the amounts provided for by the di rected fishing standards specified at § 679.20 when made by an individual aboard the vessel who has a valid IFQ permit and unused IFQ in the account on which the permit was issued. (3) Catches of sablefish in excess of the maximum retainable bycatch amounts and catches made without IFQ must be treated in the same man ner as prohibited species as defined at § 679.21(a). (h) Stand down requirements for trawl catcher vessels transiting between the BSAI and GOA. If you own or operate a catcher vessel and fish for groundfish with trawl gear in the* * * You are prohibited from subse quently deploying trawl gear in the* * * Until* * * (1) BSAI while pollock or Pacific cod is open to directed fishing in the BSAI. Western and Central GOA regu latory areas. 1200 hours A.l.t. on the third day after the date of landing or transfer of all ground fish on board the vessel harvested in the BSAI, unless you are engaged in directed fishing for Pacific cod in the GOA for processing by the offshore component or if checked-in and participating in a CGOA Rockfish Program cooperative. (2) Western GOA regulatory area while pol lock or inshore Pacific cod is open to di rected fishing in the Western GOA regu latory area. BSAI ............................................ 1200 hours A.l.t. on the third day after the date of landing or transfer of all ground fish on board the vessel harvested in the Western Regulatory Area of the GOA, un less you are participating in a CDQ fish ery. (3) Central GOA regulatory area while pollock or inshore Pacific cod is open to directed fishing in the Central GOA regulatory area. BSAI ............................................ 1200 hours A.l.t. on the second day after the date of landing or transfer of all groundfish on board the vessel harvested in the Central GOA regulatory area , un less you are participating in a CDQ fish ery. (i) Catcher vessel exclusive fishing sea sons for pollock. Catcher vessels are pro hibited from participating in directed fishing for pollock under the following conditions. Vessels less than 125 ft (38.1 m) LOA are exempt from this restric tion when fishing east of 157°00′ W long. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00721 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 712 50 CFR Ch. VI (10–1–22 Edition) § 679.24 GOA and BSAI seasons are specified at § 679.23(d)(2) and § 679.23(e)(2). [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.23, see the List of CFR Sec tions Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.24 Gear limitations. Regulations pertaining to vessel and gear markings are set forth in this sec tion and as prescribed in the annual management measures published in the FEDERAL REGISTER pursuant to § 300.62 of chapter III of this title. (a) Marking of hook-and-line, longline pot, and pot-and-line gear. (1) All hook and-line, longline pot, and pot-and-line marker buoys carried on board or used by any vessel regulated under this part shall be marked with the vessel’s Fed eral fisheries permit number or ADF&G vessel registration number. (2) Markings shall be in characters at least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width in a con trasting color visible above the water line and shall be maintained so the markings are clearly visible. (3) Each end of a set of longline pot gear deployed to fish IFQ sablefish in the GOA must have attached a cluster of four or more marker buoys including one hard buoy ball marked with the capital letters ‘‘LP’’ in accordance with paragraph (a)(2) of this section, a flag mounted on a pole, and radar re flector floating on the sea surface. (b) Gear restrictions—(1) Pots—— Longline pot gear. Any person using longline pot gear must treat any catch of groundfish as a prohibited species, except: (i) In the Aleutian Islands subarea. (ii) While directed fishing for sable fish in the Bering Sea subarea. (iii) While directed fishing for IFQ sa blefish in the GOA. (iv) While fishing for IFQ or CDQ hal ibut in the BSAI. (2) [Reserved] (3) Trawl footrope. No person trawling in any GOA area limited to pelagic trawling under § 679.22 may allow the footrope of that trawl to be in contact with the seabed for more than 10 per cent of the period of any tow. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00722 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 E R 02 JA 03 .0 06 < /G P H > sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 713 Fishery Conservation and Management § 679.24 (4) BSAI pollock nonpelagic trawl pro hibition. No person may use nonpelagic trawl gear to engage in directed fishing for pollock in the BSAI. (c) Gear restrictions for sablefish—(1) Gear allocations. Gear allocations of sa blefish TAC are set out under § 679.20. (2) Eastern GOA regulatory area—(i) General. (A) No person may use any gear other than hook-and-line, longline pot, and trawl gear when fishing for sa blefish in the Eastern GOA regulatory area. (B) No person may use any gear other than hook-and-line gear and longline pot gear to engage in directed fishing for IFQ sablefish. (ii) Sablefish as prohibited species—(A) Trawl gear. When operators of vessels using trawl gear have harvested 5 per cent of the TAC for sablefish in the Eastern GOA regulatory area during any year, further trawl catches of sa blefish must be treated as prohibited species as provided by § 679.21(a). (B) Other gear. Operators of vessels using gear types other than those spec ified in paragraph (c)(2)(i) of this sec tion in the Eastern GOA regulatory area must treat any catch of sablefish as a prohibited species as provided by § 679.21(a). (3) Central and Western GOA regu latory areas; sablefish as prohibited spe cies. Operators of vessels using gear types other than hook-and-line, longline pot, and trawl gear in the Cen tral and Western GOA regulatory areas must treat any catch of sablefish in these areas as a prohibited species as provided by § 679.21(a). (4) BSAI. Operators of vessels using gear types other than hook-and-line, longline pot, pot-and-line, or trawl gear in the BSAI must treat sablefish as a prohibited species as provided by § 679.21(a). (d) Trawl gear test areas—(1) General. For purposes of allowing pelagic and nonpelagic trawl fishermen to test trawl fishing gear, NMFS may estab lish, after consulting with the Council, locations for the testing of trawl fish ing gear in areas that would otherwise be closed to trawling. (2) Trawl gear testing. For the pur poses of this section, ‘‘trawl gear test ing’’ means deploying trawl gear in areas designated in this paragraph (d) and in Figure 7 to this part under the following conditions. (i) The codend shall be unzipped while trawl gear testing. (ii) Groundfish shall not be possessed on board when trawl gear testing. (iii) Observers aboard vessels during the time spent trawl gear testing shall not fulfill observer requirements at subpart E of this part. (3) Criteria. The establishment of test areas must comply with the following criteria: (i) Depth and bottom type must be suitable for testing the particular gear type. (ii) The areas must be outside State waters. (iii) The areas must be in locations not normally closed to fishing with that gear type. (iv) The areas must be in locations that are not usually fished heavily by that gear type. (v) The areas must not be within a designated Steller sea lion protection area at any time of the year. (4) Test areas. Trawl gear testing is allowed in the following areas (Figure 7 to this part) bounded by straight lines connecting the coordinates in the order listed, at all times: (i) Kodiak Test Area. 57°37′ N. lat., 152°02′ W. long. 57°37′ N. lat., 151°25′ W. long. 57°23′ N. lat., 151°25′ W. long. 57°23′ N. lat., 152°02′ W. long. 57°37′ N. lat., 152°02′ W. long. (ii) Sand Point Test Area. 54°50′ N. lat., 161°00′ W. long. 54°50′ N. lat., 160°30′ W. long. 54°35′ N. lat., 160°30′ W. long. 54°35′ N. lat., 161°00′ W. long. 54°50′ N. lat., 161°00′ W. long. (iii) Bering Sea Test Area. 55°00′ N. lat., 167°00′ W. long. 55°00′ N. lat., 166°00′ W. long. 54°40′ N. lat., 166°00′ W. long. 54°40′ N. lat., 167°00′ W. long. 55°00′ N. lat., 167°00′ W. long. (e) Seabird avoidance program for ves sels fishing with hook-and-line gear—(1) Applicability. The operator of a vessel that is longer than 26 ft (7.9 m) LOA fishing with hook-and-line gear must comply with the seabird avoidance re quirements as specified in paragraphs VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00723 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 714 50 CFR Ch. VI (10–1–22 Edition) § 679.24 (e)(2) and (e)(3) of this section while fishing for any of the following species: (i) IFQ halibut or CDQ halibut. (ii) IFQ sablefish. (iii) Groundfish in the EEZ off Alas ka. (2) Seabird Avoidance Requirements. The operator of a vessel described in paragraph (e)(1) of this section must: (i) Gear onboard. Have onboard the vessel the seabird avoidance gear as specified in paragraph (e)(3) of this sec tion; (ii) Gear inspection. Upon request by an authorized officer or observer, make the seabird avoidance gear available for inspection; (iii) Gear use. Use seabird avoidance gear as specified in paragraph (e)(3) of this section that meets standards as specified in paragraph (e)(4) of this sec tion, while hook-and-line gear is being deployed. (iv) Sink baited hooks. Use hooks that when baited, sink as soon as they are put in the water. (v) Offal discharge. (A) If offal is dis charged while gear is being set or hauled, discharge offal in a manner that distracts seabirds from baited hooks, to the extent practicable. The discharge site on board a vessel must be either aft of the hauling station or on the opposite side of the vessel from the hauling station. (B) Remove hooks from any offal that is discharged. (C) Eliminate directed discharge through chutes or pipes of residual bait or offal from the stern of the vessel while setting gear. This does not in clude baits falling off the hook or offal discharges from other locations that parallel the gear and subsequently drift into the wake zone well aft of the ves sel. (D) For vessels not deploying gear from the stern, eliminate directed dis charge of residual bait or offal over sinking hook-and-line gear while gear is being deployed. (vi) Safe release of seabirds. Make every reasonable effort to ensure birds brought on board alive are released alive and that, wherever possible, hooks are removed without jeopard izing the life of the birds. (3) Seabird avoidance gear require ments. (See also Table 20 to this part.) (i) The operator of a vessel identified in paragraph (e)(1) of this section must comply with paragraph (e)(3)(ii) or (e)(3)(iii) of this section while fishing with hook-and-line gear for groundfish, IFQ halibut, CDQ halibut, or IFQ sable fish in Federal waters (EEZ) and for IFQ halibut, CDQ halibut, or IFQ sable fish in the State of Alaska waters, ex cluding fishing in: (A) NMFS Reporting Area 649 (Prince William Sound); (B) State waters of Cook Inlet; (C) NMFS Reporting Area 659 (East ern GOA Regulatory Area; Southeast Inside District), but including waters in the areas south of a straight line at 56°17.25 N. lat. between Point Harris and Port Armstrong in Chatham Strait, State statistical areas 325431 and 325401, and west of a straight line at 136°21.17 E. long. from Point Wimbledon extending south through the Inian Islands to Point Lavinia; and (D) Area 4E with a vessel less than or equal to 55 ft (16.8 m) LOA, but includ ing fishing in waters south of 60°00.00 N. lat. and west of 160°00.00 W. long. (ii) Using other than snap gear, (A) A minimum of 1 buoy bag line as specified in paragraph (e)(4)(i) of this section must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA without masts, poles, or rigging. (B) A minimum of a single streamer line as specified in paragraph (e)(4)(ii) of this section must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, poles, or rigging. (C) A minimum of a paired streamer line of a standard as specified in para graph (e)(4)(iii) of this section must be used by vessels greater than 55 ft (16.8 m) LOA. (iii) Using snap gear, (A) A minimum of 1 buoy bag line as specified in paragraph (e)(4)(i) of this section must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA without masts, poles, or rigging. (B) A minimum of a single streamer line as specified in paragraph (e)(4)(iv) of this section must be used by vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, poles, or rigging. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00724 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 715 Fishery Conservation and Management § 679.24 (C) A minimum of a single streamer line as specified in paragraph (e)(4)(iv) of this section must be used by vessels greater than 55 ft (16.8 m) LOA. (4) Seabird avoidance gear performance and material standards: (i) Buoy bag line weather exception. In winds exceeding 45 knots (storm or Beaufort 9 conditions), the use of a buoy bag line is discretionary. (ii) Single streamer standard. (A) A sin gle streamer line must: (1) Be a minimum of 300 feet (91.4 m) in length; (2) Have streamers spaced every 16.4 ft (5 m); (3) Be deployed before the first hook is set in such a way that streamers are in the air for a minimum of 131.2 ft (40 m) aft of the stern and within 6.6 ft (2 m) horizontally of the point where the main groundline enters the water. (4) Have individual streamers that hang attached to the mainline to 9.8 in (0.25 m) above the waterline in the ab sence of wind. (5) Have streamers constructed of material that is brightly colored, UV protected plastic tubing or 3/8 inch pol yester line or material of an equivalent density. (B) Weather exception: In winds ex ceeding 45 knots (storm or Beaufort 9 conditions), the use of a single stream er line is discretionary. (iii) Paired streamer standard: (A) At least one streamer line must be de ployed before the first hook is set and two streamer lines must be fully de ployed within 90 seconds. (B) Weather exceptions: In conditions of wind speeds exceeding 30 knots (near gale or Beaufort 7 conditions), but less than or equal to 45 knots, a single streamer must be deployed from the windward side of the vessel. In winds exceeding 45 knots (storm or Beaufort 9 conditions), the use of streamer lines is discretionary. (C) Streamer lines must: (1) Be deployed in such a way that streamers are in the air for a minimum of 131.2 ft (40 m) aft of the stern for ves sels under 100 ft (30.5 m) and 196.9 ft (60 m) aft of the stern for vessels 100 ft (30.5 m) or over; (2) Be a minimum of 300 feet (91.4 m) in length; (3) Have streamers spaced every 16.4 ft (5 m); (4) For vessels deploying hook-and line gear from the stern, the streamer lines must be deployed from the stern, one on each side of the main ground line. (5) For vessels deploying gear from the side, the streamer lines must be de ployed from the stern, one over the main groundline and the other on one side of the main groundline. (6) Have individual streamers that hang attached to the mainline to 9.8 in (0.25 m) above the waterline in the ab sence of wind. (7) Have streamers constructed of material that is brightly colored, UV protected plastic tubing or 3⁄8 inch pol yester line or material of an equivalent density. (iv) Snap gear streamer standard: (A) For vessels using snap gear, a single streamer line must: (1) Be deployed before the first hook is set in such a way that streamers are in the air for 65.6 ft (20 m) aft of the stern and within 6.6 ft (2 m) hori zontally of the point where the main groundline enters the water. (2) Have a minimum length of 147.6 ft (45 m). (B) Weather exception: In winds ex ceeding 45 knots (storm or Beaufort 9 conditions), the use of a single stream er line is discretionary. (v) Weather safety standard. The use of seabird avoidance devices required by paragraph (e)(3) of this section is dis cretionary for vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA in conditions of wind speeds exceeding 30 knots (near gale or Beaufort 7 conditions). (5) Other methods. Any of the fol lowing measures or methods must be accompanied by the applicable seabird avoidance gear requirements as speci fied in paragraph (e)(3) of this section: (i) Night-setting. (ii) Line shooter. (iii) Lining tube. (6) Seabird avoidance exemption. Nothwithstanding any other para graph in this part, operators of vessels 32 ft (9.8 m) LOA or less using hook and-line gear in IPHC Area 4E in VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00725 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 716 50 CFR Ch. VI (10–1–22 Edition) § 679.25 waters shoreward of the EEZ are ex empt from seabird avoidance regula tions. (f) Modified nonpelagic trawl gear. Nonpelagic trawl gear modified as shown in Figure 26 to this part must be used by any vessel required to be feder ally permitted and that is used to di rected fish for flatfish, as defined in § 679.2, in any reporting area of the BS or in the Central GOA Regulatory Area or directed fish for groundfish with nonpelagic trawl gear in the Modified Trawl Gear Zone specified in Table 51 to this part. Nonpelagic trawl gear used by these vessels must meet the following standards: (1) Elevated section minimum clearance. Except as provided for in paragraph (f)(3)(iii) of this section, elevating de vices must be installed on the elevated section shown in Figure 26 to this part to raise the elevated section at least 2.5 inches (6.4 cm), as measured adjacent to the elevating device contacting a hard, flat surface that is parallel to the elevated section, regardless of the ele vating device orientation, and meas ured between the surface and the widest part of the line material. Ele vating devices must be installed on each end of the elevated section, as shown in Figure 26 to this part. Meas uring locations to determine compli ance with this standard are shown in Figure 25 to this part. (2) Elevating device spacing. Elevating devices must be secured along the en tire length of the elevated section shown in Figure 26 to this part and spaced no less than 30 feet (9.1 m) apart; and either (i) If the elevating devices raise the elevated section shown in Figure 26 to this part 3.5 inches (8.9 cm) or less, the space between elevating devices must be no more than 65 feet (19.8 m); or (ii) If the elevating devices raise the elevated section shown Figure 26 to this part more than 3.5 inches (8.9 cm), the space between elevating devices must be no more than 95 feet (29 m). (3) Clearance measurements and line cross sections. (i) The largest cross sec tion of the line of the elevated section shown in Figure 26 to this part between elevating devices shall not be greater than the cross section of the material at the nearest measurement location, as selected based on the examples shown in Figure 25 to this part. The material at the measurement location must be— (A) The same material as the line be tween elevating devices, as shown in Figures 25a and 25d to this part; (B) Different material than the line between elevating devices and used to support the elevating device at a con nection between line sections (e.g., on a metal spindle, on a chain), as shown in Figure 25b to this part; or (C) Disks of a smaller cross section than the elevating device, which are strung continuously on a line between elevating devices, as shown in Figure 25c to this part. (ii) Portions of the line between ele vating devices that are braided or dou bled for section terminations or used for line joining devices are not required to be a smaller cross section than the measuring location. (iii) Required minimum clearance for supporting material of a larger cross sec tion than the cross section of the line ma terial. When the material supporting the elevating device has a larger cross section than the largest cross section of the line between elevating devices, except as provided for in paragraph (f)(3)(ii) of this section, based on meas urements taken in locations shown in Figure 27 to this part, the required minimum clearance shall be as follows: (A) For elevating devices spaced 30 feet (9.1 m) to 65 feet (19.8 m), the re quired minimum clearance is ≥[2.5 inches ¥ ((support material cross sec tion ¥ line material cross section)/2)], or (B) For elevating devices spaced greater than 65 feet (19.8 m) to 95 feet (29 m), the required minimum clear ance is ≥[3.5 inches ¥((support material cross section ¥ line material cross sec tion)/2)]. [61 FR 31230, June 19, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.24, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 679.25 Inseason adjustments. (a) General—(1) Types of adjustments. Inseason adjustments for directed fish ing for groundfish or fishing for IFQ or VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00726 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 717 Fishery Conservation and Management ยง 679.25 CDQ halibut issued by NMFS under this section include: (i) Closure, extension, or opening of a season in all or part of a management area. (ii) Modification of the allowable gear to be used in all or part of a man agement area. (iii) Adjustment of TAC and PSC lim its. (iv) Interim closures of statistical areas, or portions thereof, to directed fishing for specified groundfish species. (v) Inseason closures of an area, dis trict, or portions thereof, of harvest of specified halibut fisheries. (2) Determinations. (i) Any inseason adjustment taken under paragraph (a)(1)(i), (ii), (iii), or (iv) of this section must be based on a determination that such adjustments are necessary to pre vent: (A) Overfishing of any species or stock of fish or shellfish; (B) Harvest of a TAC for any ground fish species or the taking of a PSC limit for any prohibited species that, on the basis of the best available sci entific information, is found by NMFS to be incorrectly specified; or (C) Underharvest of a TAC or gear share of a TAC for any groundfish spe cies when catch information indicates that the TAC or gear share has not been reached. (ii) Any inseason closure of a statis tical area, or portion thereof, under paragraph (a)(1)(iv) of this section, must be based upon a determination that such closures are necessary to pre vent: (A) A continuation of relatively high bycatch rates of prohibited species specified under ยง 679.21(a) in a statis tical area, or portion thereof; (B) Take of an excessive share of PSC limits or bycatch allowances estab lished under ยง 679.21(d) and (e) by ves sels fishing in a statistical area, or por tion thereof; (C) Closure of one or more directed fisheries for groundfish due to exces sive prohibited species bycatch rates occurring in a specified fishery oper ating within all or part of a statistical area; or (D) Premature attainment of estab lished PSC limits or bycatch allow ances and associated loss of oppor tunity to harvest the groundfish OY. (iii) The selection of the appropriate inseason management adjustments under paragraphs (a)(1)(i) and (ii) of this section must be from the following authorized management measures and must be based upon a determination by the Regional Administrator that the management adjustment selected is the least restrictive necessary to achieve the purpose of the adjustment: (A) Any gear modification that would protect the species in need of conserva tion, but that would still allow other fisheries to continue; (B) An inseason adjustment that would allow other fisheries to continue in noncritical areas and time periods; (C) Closure of a management area or portion thereof, or gear type, or season to all groundfish or halibut fishing; or (D) Reopening of a management area or season to achieve the TAC or gear share of a TAC for any of the target species. (iv) The adjustment of a TAC or PSC limit for any species under paragraph (a)(1)(iii) of this section must be based upon a determination by the Regional Administrator that the adjustment is based upon the best available scientific information concerning the biological stock status of the species in question and that the currently specified TAC or PSC limit is incorrect. Any adjustment to a TAC or PSC limit must be reason ably related to the change in biological stock status. (v) The inseason closure of a statis tical area, or a portion thereof, under paragraph (a)(1)(iv) of this section shall not extend beyond a 60-day period un less information considered under para graph (b) of this section warrants an extended closure period. Any closure of a statistical area, or portion thereof, to reduce prohibited species bycatch rates requires a determination by the Re gional Administrator that the closure is based on the best available scientific information concerning the seasonal distribution and abundance of prohib ited species and bycatch rates of pro hibited species associated with various groundfish fisheries. (b) Data. All information relevant to one or more of the following factors VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00727 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 718 50 CFR Ch. VI (10–1–22 Edition) § 679.26 may be considered in making the deter minations required under paragraphs (a)(2)(i) and (ii) of this section: (1) The effect of overall fishing effort within a statistical area; (2) Catch per unit of effort and rate of harvest; (3) Relative distribution and abun dance of stocks of groundfish species and prohibited species within all or part of a statistical area; (4) Condition of a stock in all or part of a statistical area; (5) Inseason prohibited species by catch rates observed in groundfish fish eries in all or part of a statistical area; (6) Historical prohibited species by catch rates observed in groundfish fish eries in all or part of a statistical area; (7) Economic impacts on fishing busi nesses affected; or (8) Any other factor relevant to the conservation and management of groundfish species or any incidentally caught species that are designated as prohibited species or for which a PSC limit has been specified. (c) Procedure. (1) No inseason adjust ment issued under this section will take effect until— (i) NMFS has filed the proposed ad justment for public inspection with the Office of the Federal Register; and (ii) NMFS has published the proposed adjustment in the FEDERAL REGISTER for public comment for a period of 30 days before it is made final, unless NMFS finds for good cause that such notification and public procedure is impracticable, unnecessary, or con trary to the public interest. (2) If NMFS decides, for good cause, that an adjustment is to be made with out affording a prior opportunity for public comment, public comments on the necessity for, and extent of, the ad justment will be received by the Re gional Administrator for a period of 15 days after the effective date of notifi cation. (3) During any such 15-day period, the Regional Administrator will make available for public inspection, during business hours, the aggregate data upon which an adjustment was based. (4) If written comments are received during any such 15-day period that op pose or protest an inseason adjustment issued under this section, NMFS will reconsider the necessity for the adjust ment and, as soon as practicable after that reconsideration, will either— (i) Publish in the FEDERAL REGISTER notification of continued effectiveness of the adjustment, responding to com ments received; or (ii) Modify or rescind the adjustment. (5) Notifications of inseason adjust ments issued by NMFS under para graph (a) of this section will include the following information: (i) A description of the management adjustment. (ii) Reasons for the adjustment and the determinations required under paragraph (a)(2)(i) of this section. (iii) The effective date and any ter mination date of such adjustment. If no termination date is specified, the adjustment will terminate on the last day of the fishing year. [61 FR 31230, June 19, 1996, as amended at 75 FR 61642, Oct. 6, 2010; 81 FR 24733, Apr. 27, 2016; 85 FR 850, Jan. 8, 2020] § 679.26 Prohibited Species Donation Program. (a) Authorized species. The PSD pro gram applies only to the following spe cies: (1) Salmon. (2) Halibut delivered by catcher ves sels using trawl gear to shoreside proc essors and stationary floating proc essors. (b) Authorized distributors—(1) Applica tion. An applicant seeking to become an authorized distributor must provide the Regional Administrator with the following information: (i) Proof of the applicant’s tax-ex empt status. (ii) A description of the arrange ments for processing, shipping, storing, and transporting donated fish and an estimate of the associated costs. (iii) A statement describing the ap plicant’s expertise in providing for the distribution of food product from re mote Alaskan locations to hunger re lief agencies, food bank networks, or food bank distributors, including ar rangements for transportation, dis tribution costs, and product quality control. (iv) Documentation of support from cold storage and transportation facili ties. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00728 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 719 Fishery Conservation and Management § 679.26 (v) A proposed operating budget that is adequate to ensure that fish donated under this program will be distributed to hunger relief agencies, food bank networks, or food bank distributors and that the fish will be maintained in a manner fit for human consumption. (vi) Proof of the applicant’s ability to obtain and maintain adequate funding for the distribution of fish under the PSD program. (vii) A copy of the applicant’s arti cles of incorporation and bylaws show ing that the purpose of the applicant includes providing food resources to hunger relief agencies, food bank net works, or food bank distributors. (viii) Proof of the applicant’s ability to take full responsibility for the docu mentation and disposition of fish re ceived under the PSD program, includ ing sufficient liability insurance to cover public interests relating to the quality of fish distributed for human consumption. (ix) Quality control criteria to be fol lowed by vessels, processors, hunger re lief agencies, food bank networks, and food bank distributors. (x) The number of vessels and proc essors that the applicant is capable of administering effectively. (xi) A list of all vessels and proc essors, and food bank networks or food bank distributors participating in the PSD program. The list of vessels and processors must include: (A) The vessel’s or processor’s Fed eral fisheries permit number or Federal processor permit number. (B) The name of the vessel owner or responsible operator or the name of the owner or plant manager of the proc essor. (C) The vessel’s or processor’s tele phone number. (D) The signature of the vessel owner or responsible operator or the owner or plant manager of the processor. (xii) A signed statement from the ap plicant and from all persons who are listed under paragraph (b)(1)(xi) of this section and who would conduct activi ties pursuant to the PSD permit waiving any and all claims against the United States and its agents and em ployees for any liability for personal injury, death, sickness, damage to property directly or indirectly due to activities conducted under the PSD program. (xiii) A list of locations where fish must be delivered by participating ves sels and processors. (xiv) A separate application must be submitted for each species listed under paragraph (a) of this section that the applicant seeks to distribute. (2) Selection. The Regional Adminis trator may select one or more tax-ex empt organizations to be authorized distributors under the PSD program based on the information submitted by applicants under paragraph (b)(1) of this section. The number of authorized distributors selected by the Regional Administrator will be based on the fol lowing criteria: (i) The number and qualifications of applicants for PSD permits. (ii) The number of harvesters and the quantity of fish that applicants can ef fectively administer. (iii) The anticipated level of bycatch of prohibited species listed under para graph (a) of this section. (iv) The potential number of vessels and processors participating in the PSD program. (3) PSD Permit. (i) After review of qualified applicants, the Regional Ad ministrator will announce the selec tion of authorized distributor(s) in the FEDERAL REGISTER and will issue PSD permit(s). (ii) The Regional Administrator may impose additional terms and conditions on a PSD permit consistent with the objectives of the PSD program. (iii) A PSD permit may be suspended, modified, or revoked, under 15 CFR part 904 for noncompliance with terms and conditions specified in the permit or for a violation of this section or other regulations in this part. (iv) Effective period. A PSD permit issued for salmon or halibut remains in effect for a 3-year period after the se lection notice is published in the FED ERAL REGISTER unless suspended or re voked. A PSD permit issued to an au thorized distributor may be renewed following the application procedures in this section. (v) If the authorized distributor modifies any information on the PSD permit application submitted under paragraph (b)(1)(xi) or (b)(1)(xiii) of this VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00729 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 720 50 CFR Ch. VI (10–1–22 Edition) § 679.27 section, the authorized distributor must submit a modified list of partici pants or a modified list of delivery lo cations to the Regional Administrator. (c) Reporting and recordkeeping re quirements. (1) A vessel or processor re taining prohibited species under the PSD program must comply with all ap plicable recordkeeping and reporting requirements, including allowing the collection of data and biological sam pling by an observer prior to processing any fish under the PSD program. A vessel or processor participating in the PSD program: (i) In the BS pollock fishery must comply with applicable regulations at §§ 679.7(d) and (k), 679.21(c), and 679.28; and (ii) In the Central or Western GOA pollock fishery must comply with ap plicable regulations at §§ 679.7(b), 679.21(h) and 679.28. (2) Prohibited species retained under the PSD program must be packaged, and all packages must be labeled with the date of processing, the name of the processing facility, the contents and the weight of the fish contained in the package, and the words, ‘‘NMFS PRO HIBITED SPECIES DONATION PRO GRAM - NOT FOR SALE - PERISH ABLE PRODUCT - KEEP FROZEN’’. (3) A processor retaining or receiving fish under the PSD program and an au thorized distributor must keep on file and make available for inspection by an authorized officer all documenta tion, including receipt and cargo mani fests setting forth the origin, weight, and destination of all prohibited spe cies bycatch. Such documentation must be retained until 3 years after the effective period of the PSD permit. (d) Processing, handling, and distribu tion. (1) Processing and reprocessing of all fish retained under the PSD Pro gram must be carried out under the di rection of the authorized distributor. A processor retaining or receiving fish under the PSD Program, at a min imum, must head, gut, and freeze the fish in a manner that makes it fit for human consumption. (2) Fish that are determined to be unfit for human consumption prior to delivery to an authorized distributor must be discarded under § 679.21(a). Fish that are determined to be unfit for human consumption after delivery to the authorized distributor must be destroyed in accordance with applica ble sanitation laws and regulations. (3) Authorized distributors and per sons conducting activities supervised by authorized distributors may retain prohibited species only for the purpose of processing and delivering the prohib ited species to hunger relief agencies, food networks or food distributors as provided by this section. Such persons may not consume or retain prohibited species for personal use and may not sell, trade or barter, or attempt to sell, trade or barter any prohibited species that is retained under the PSD pro gram, except that processors may con vert offal from salmon or halibut that has been retained pursuant to the PSD program into fish meal, fish oil, or bone meal, and sell or trade these prod ucts. (4) No prohibited species that has been sorted from a vessel’s catch or landing may be retained by a vessel or processor, or delivered to a delivery lo cation under this section, unless the vessel or processor and delivery loca tion is included on the list provided to the Regional Administrator under paragraph (b)(1)(xi), (b)(1)(xiii) or (b)(3)(v) of this section. [61 FR 38359, July 24, 1996, as amended at 63 FR 32145, 32146, June 12, 1998; 65 FR 78121, Dec. 14, 2000; 66 FR 53122, Oct. 19, 2001; 67 FR 4148, Jan. 28, 2002; 69 FR 52612, Aug. 27, 2004; 75 FR 53067, Aug. 30, 2010; 77 FR 42636, July 20, 2012; 81 FR 24733, Apr. 27, 2016] EFFECTIVE DATE NOTE: At 67 FR 4158, Jan. 28, 2002, § 679.26 was amended in paragraph (c)(3) by removing the words ‘‘until 1 year after’’ and inserting in its place ‘‘until 3 years after’’. This amendment contains in formation collection and recordkeeping re quirements and will not become effective until approval has been given by the Office of Management and Budget. § 679.27 Improved Retention/Improved Utilization Program. (a) Applicability. The owner or oper ator of a vessel that is required to ob tain a Federal fisheries or processor permit under § 679.4 must comply with the IR/IU program set out in this sec tion while fishing for groundfish in the GOA or BSAI, fishing for groundfish in waters of the State of Alaska that are shoreward of the GOA or BSAI, or when VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00730 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 721 Fishery Conservation and Management § 679.27 processing groundfish harvested in the GOA or BSAI. (b) IR/IU species. The following spe cies are defined as ‘‘IR/IU species’’ for the purposes of this section: (1) Pollock. (2) Pacific cod. (3) Shallow-water flatfish species complex in the GOA as defined in the annual harvest specifications for the GOA (beginning January 1, 2003). (4) For catcher/processors not listed in § 679.4(l)(2)(i) using trawl gear in the BSAI, all species listed in Table 2a to this part, except for groundfish in pro hibited species status. (c) Minimum retention requirements— (1) Definition of retain on board. Not withstanding the definition at 50 CFR 600.10, for the purpose of this section, to retain on board means to be in pos session of on board a vessel. (2) The following table displays min imum retention requirements by vessel category and directed fishing status: If you own or operate a ... and ... you must retain on board until lawful transfer ... (i) Catcher vessel ........... (A) Directed fishing for an IR/IU species is open ....... all fish of that species brought on board the vessel. (B) Directed fishing for an IR/IU species is prohibited all fish of that species brought on board the vessel up to the MRA for that species. (C) Retention of an IR/ IU species is prohibited ........ no fish of that species. (ii) Catcher/processor ..... (A) Directed fishing for an IR/IU species is open ....... a primary product from all fish of that species brought on board the vessel. (B) Directed fishing for an IR/IU species is prohibited a primary product from all fish of that species brought on board the vessel up to the point that the round-weight equivalent of primary products on board equals the MRA for that species. (C) Retention of an IR/IU species is prohibited .......... no fish or product of that species. (iii) Mothership ................ (A) Directed fishing for an IR/IU species is open ....... a primary product from all fish of that species brought on board the vessel (B) Directed fishing for an IR/IU species is prohibited a primary product from all fish of that species brought on board the vessel up to the point that the round-weight equivalent of primary products on board equals the MRA for that species. (C) Retention of an IR/IU species is prohibited .......... no fish or product of that species. (d) Bleeding codends and shaking longline gear. Any action intended to discard or release an IR/IU species prior to being brought on board the vessel is prohibited. This includes, but is not limited to bleeding codends and shaking or otherwise removing fish from longline gear. (e) At-sea discard of product. Any product from an IR/IU species may not be discarded at sea, unless such dis carding is necessary to meet other re quirements of this part. (f) Discard of fish or product trans ferred from other vessels. The retention requirements of this section apply to all IR/IU species brought on board a vessel, whether harvested by that ves sel or transferred from another vessel. At-sea discard of IR/IU species or prod ucts that were transferred from an other vessel is prohibited. (g) IR/IU species as bait. IR/IU species may be used as bait provided that the deployed bait is physically secured to authorized fishing gear. Dumping of unsecured IR/IU species as bait (chum ming) is prohibited. (h) Previously caught fish. The reten tion and utilization requirements of this section do not apply to incidental catch of dead or decomposing fish or fish parts that were previously caught and discarded at sea. (i) Minimum utilization requirements. If you own or operate a catcher/processor or mothership, the minimum utiliza tion requirement for an IR/IU species harvested in the BSAI is determined by the directed fishing status for that spe cies according to the following table: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00731 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 722 50 CFR Ch. VI (10–1–22 Edition) § 679.28 If... then your total weight of retained or lawfully transferred products produced from your catch or re ceipt of that IR/IU species during a fishing trip must... (1) directed fishing for an IR/IU species is open, equal or exceed 15 percent of the round-weight catch or round-weight delivery of that species during the fishing trip. (2) directed fishing for an IR/IU species is prohib ited, equal or exceed 15 percent of the round-weight catch or round-weight delivery of that species during the fishing trip or 15 percent of the MRA for that species, whichever is lower. (3) retention of an IR/IU species is prohibited, equal zero. (j) [Reserved] [62 FR 63890, Dec. 3, 1997, as amended at 62 FR 65381, Dec. 12, 1997; 68 FR 52144, Sept. 2, 2003; 69 FR 32903, June 14, 2004; 71 FR 17381, Apr. 6, 2006; 72 FR 52722, Sept. 14, 2007; 73 FR 76166, Dec. 15, 2008; 74 FR 62508, Nov. 30, 2009; 75 FR 53069, Aug. 30, 2010; 77 FR 6502, Feb. 8, 2012; 78 FR 12632, Feb. 25, 2013] § 679.28 Equipment and operational requirements. (a) Applicability. This section con tains the operational requirements for scales, observer sampling stations, ves sel monitoring system hardware, catch monitoring and control plans, catcher vessel electronic logbook software, and video monitoring systems. The oper ator or manager must retain a copy of all records described in this section (§ 679.28) as indicated at § 679.5(a)(5) and (6) and make available the records upon request of NMFS observers and authorized officers as indicated at § 679.5(a)(5). (b) Scales used to weigh catch at sea. In order to be approved by NMFS a scale used to weigh catch at sea must meet the type evaluation requirements set forth in paragraph (b)(1) of this section and the initial inspection and annual reinspection requirements set forth in paragraph (b)(2) of this section. Once a scale is installed on a vessel and ap proved by NMFS for use to weigh catch at sea, it must be reinspected annually and must be tested daily and meet the maximum permissible error (MPE) re quirements described in paragraph (b)(3) of this section. (1) List of scales eligible for approval. The model of scale must be included on the Regional Administrator’s list of scales eligible to be approved for weighing catch at sea before an inspec tor will schedule or conduct a scale in spection under paragraph (b)(2) of this section. A scale will be included on the list when the Regional Administrator receives the information specified in paragraphs (b)(1)(i) through (iv) of this section. This information identifies and describes the scale, sets forth con tact information regarding the manu facturer, and sets forth the results of required type evaluations and testing. Type evaluation and testing must be conducted by a laboratory accredited by the government of the country in which the tests are conducted. (i) Information about the scale. (A) Name of scale manufacturer. (B) Name of manufacturer’s rep resentative. (C) Mailing address of scale manufac turer and manufacturer’s representa tive. (D) Telephone and fax number of manufacturer’s representative. (E) Model and serial number of the scale tested. (F) A written description of the scale and diagrams explaining how the scale operates and how it compensates for motion. (G) A list of the model numbers of all scales for which type evaluation re sults are applicable, identifying the differences between the model evalu ated in the laboratory and other mod els listed. The scales may differ only in the elements of the scale that perform motion compensation, the size or ca pacity of the scale, and the software used by the scale. (H) A list of types of scale adjust ments that will be recorded on the audit trail, including the name of the adjustment as it will appear on the audit trail, and a written description of the adjustment. (ii) Information about the laboratory. (A) Name of laboratory. (B) Mailing address of laboratory. (C) Telephone and fax number of lab oratory’s representative. (D) Name and address of government agency accrediting the laboratory. (E) Name and signature of person re sponsible for evaluation of the scale and the date of signature. (iii) Checklist. A completed checklist indicating that all applicable technical VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00732 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 723 Fishery Conservation and Management § 679.28 and performance standards in appendix A to this part and the laboratory tests in the annex to appendix A to this part have been met. (iv) Verification of test results. Verification that a scale meets the lab oratory evaluation and testing require ments in appendix A of this part and each of the influence quantity and dis turbance tests as specified in the annex to appendix A to this part: (A) Test results and data on forms supplied by NMFS; (B) National Type Evaluation Pro gram (NTEP) Certificates of Conform ance, test results and data for a compo nent of a scale or for the entire device. NTEP Certificates of Conformance, test results, and data may be sub mitted only in lieu of the specific influ ence factor tests conducted to obtain the NTEP Certificates of Conformance. Additional information must be sub mitted to verify compliance with the laboratory tests that are not performed under the NTEP; and/or (C) International Organization of Legal Metrology (OIML) Certificates of Conformance, test results and data. (v) Exceptions. A scale manufacturer or their representative may request that NMFS approve a custom built automatic hopper scale under the fol lowing conditions: (A) The scale electronics are the same as those used in other scales on the Regional Administrator’s list of scales eligible for approval; (B) Load cells have received Certifi cates of Conformance from NTEP or OIML; (C) The scale compensates for motion in the same manner as other scales made by that manufacturer which have been listed on the Regional Adminis trator’s list of scales eligible for ap proval; (D) The scale, when installed, meets all of the requirements set forth in paragraph 3 of appendix A to this part, except those requirements set forth in paragraph 3.2.1.1. (2) Inspection of at-sea scales—(i) What is an inspection? An inspection is a vis ual assessment and test of a scale after it is installed on the vessel and while the vessel is tied up at a dock and not under power at sea to determine if the scale meets all of the applicable per formance and technical requirements in paragraph (b)(2) of this section and in appendix A to this part. A scale will be approved by the inspector if it meets all of the applicable performance and technical requirements in paragraph (b)(2) of this section and appendix A to this part. (ii) How often must a scale be in spected? Each scale must be inspected and approved before the vessel may participate in any fishery requiring the weighing of catch at sea with an ap proved scale. Each scale must be rein spected within 12 months of the date of the most recent inspection. (iii) Who may perform scale inspections and approvals? Scales must be in spected and approved by a NMFS-staff scale inspector or an inspector des ignated by NMFS and trained by a NMFS-staff scale inspector. (iv) How does a vessel owner arrange for a scale inspection? The operator must submit a request for a scale in spection at least 10 working days in ad vance of the requested date of inspec tion by filing a request online or by printing and faxing the scale inspec tion request at http:// alaskafisheries.noaa.gov/scales/de fault.htm. (v) Where will scale inspections be con ducted? Scales inspections by inspec tors paid by NMFS will be conducted on vessels tied up at docks in Kodiak, Alaska; Dutch Harbor, Alaska; and in the Puget Sound area of Washington State. (vi) Responsibilities of the vessel owner during a scale inspection. After the ves sel owner has installed a model of scale that is on the Regional Administra tor’s list of scales eligible to be ap proved for weighing catch at sea, the vessel owner must: (A) Make the vessel and scale avail able for inspection by the scale inspec tor. (B) Provide a copy of the scale man ual supplied by the scale manufacturer to the inspector at the beginning of the inspection. (C) Transport test weights, test ma terial, and equipment required to per form the test to and from the inspec tor’s vehicle and the location on the vessel where the scale is installed. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00733 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 724 50 CFR Ch. VI (10–1–22 Edition) § 679.28 (D) Apply test weights to the scale or convey test materials across the scale, if requested by the scale inspector. (E) Assist the scale inspector in per forming the scale inspection and test ing. (vii) Scale inspection report. (A) A scale is approved for use when the scale inspector completes and signs a scale inspection report verifying that the scale meets all of the requirements specified in this paragraph (b)(2) and appendix A to this part. (B) The scale inspector must provide the original inspection report to the vessel owner and a copy to NMFS. (C) The vessel owner must either: (1) Maintain a copy of the report on board when use of the scale is required and make the report available to the observer, NMFS personnel, or an au thorized officer, upon request, or; (2) Display a valid NMFS-sticker on each approved scale. (D) When in use, an approved scale must also meet the requirements de scribed in paragraphs (b)(3) through (b)(6) of this section. (3) At-sea scale tests. To verify that the scale meets the MPEs specified in this paragraph (b)(3), the vessel oper ator must test each scale or scale sys tem used by the vessel to weigh catch at least one time during each calendar day. No more than 24 hours may elapse between tests when use of the scale is required. The vessel owner must ensure that these tests are performed in an ac curate and timely manner. (i) Belt scales and automatic hopper scales. (A) The MPE in the daily at-sea scale tests is plus or minus 3 percent of the known weight of the test material. (B) Test procedure. The vessel oper ator must conduct a material test by weighing no less than 400 kg of test material, supplied by the scale manu facturer or approved by a NMFS-au thorized scale inspector, on the scale under test. The test material may be run across the scale multiple times in order to total 400 kg; however, no sin gle batch of test material may weigh less than 40 kg. The known weight of the test material must be determined at the time of each scale test by weigh ing it on a platform scale approved for use under paragraph (b)(7) of this sec tion. (ii) Platform and hanging scales. (A) The MPE for platform and hanging scales is plus or minus 0.5 percent of the known weight of the test material. (B) Test weights. Each test weight must have its weight stamped on or otherwise permanently affixed to it. The weight of each test weight must be annually certified by a National Insti tute of Standards and Technology ap proved metrology laboratory or ap proved for continued use by the NMFS authorized inspector at the time of the annual scale inspection. The amount of test weights that must be provided by the vessel owner is specified in para graphs (b)(3)(ii)(B)(1) and (b)(3)(ii)(B)(2) of this section. (1) Platform scales used as observer sampling scales or to determine the known weight of test materials. Any combina tion of test weights that will allow the scale to be tested at 10 kg, 25 kg, and 50 kg. (2) Scales used to weigh catch. Test weights equal to the largest amount of fish that will be weighed on the scale in one weighment. (iii) Requirements for all scale tests. (A) Notify the observer at least 15 minutes before the time that the test will be conducted, and conduct the test while the observer is present. (B) Conduct the scale test by placing the test material or test weights on or across the scale and recording the fol lowing information on the at-sea scale test report form: (1) Vessel name; (2) Month, day, and year of test; (3) Time test started to the nearest minute; (4) Known weight of test material or test weights; (5) Weight of test material or test weights recorded by scale; (6) Percent error as determined by subtracting the known weight of the test material or test weights from the weight recorded on the scale, dividing that amount by the known weight of the test material or test weights, and multiplying by 100; and (7) Signature of vessel operator. (4) Scale maintenance. The vessel owner must ensure that the vessel op erator maintains the scale in proper operating condition throughout its use; that adjustments made to the scale are VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00734 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 725 Fishery Conservation and Management § 679.28 made so as to bring the performance errors as close as practicable to a zero value; and that no adjustment is made that will cause the scale to weigh fish inaccurately. (5) Printed reports from the scale (not applicable to observer sampling scales). The vessel owner must ensure that the printed reports are provided as re quired by this paragraph. Printed re ports from the scale must be main tained on board the vessel until the end of the year during which the reports were made and be made available to observers, NMFS personnel, or an au thorized officer. In addition, printed re ports must be retained by the vessel owner for 3 years after the end of the year during which the printouts were made. (i) Reports of catch weight and cumu lative weight. Reports must be printed at least once every 24 hours when use of the scale is required. Reports must also be printed before any information stored in the scale computer memory is replaced. Scale weights must not be ad justed by the scale operator to account for the perceived weight of water, mud, debris, or other materials. Scale print outs must show: (A) The vessel name and Federal fish eries or processor permit number; (B) The haul or set number as re corded in the processor’s DCPL (see § 679.5); (C) The total weight of the haul or set; (D) The total cumulative weight of all fish or other material weighed on the scale. (ii) Printed report from the audit trail. The printed report must include the in formation specified in sections 2.3.1.8, 3.3.1.7, and 4.3.1.8 of appendix A to this part. The printed report must be pro vided to the authorized scale inspector at each scale inspection and must also be printed at any time upon request of the observer, the scale inspector, NMFS staff, or an authorized officer. (iii) Printed reports from the calibration log. The vessel operator must print the calibration log on request by NMFS employees or any individual authorized by NMFS. The calibration log must be printed and retained by the vessel owner and operator before any infor mation stored in the scale computer memory is replaced. The calibration log must detail either the prior 1,000 calibrations or all calibrations since the scale electronics were first put into service, whichever is less. The printout from the calibration log must show: (A) The vessel name and Federal fish eries or processor permit number; (B) The month, day, and year of the calibration; (C) The time of the calibration to the nearest minute in A.l.t.; (D) The weight used to calibrate the scale; and (E) The magnitude of the calibration in comparison to the prior calibration. (iv) Printed reports from the fault log. The vessel operator must print the fault log on request by NMFS employ ees or any individual authorized by NMFS. The fault log must be printed and retained by the vessel owner and operator before any information stored in the scale computer memory is re placed. The fault log must detail either the prior 1,000 faults and startups, or all faults and startups since the scale electronics were first put into service, whichever is less. A fault, for the pur poses of the fault log, is any condition other than underflow detected by the scale electronics that could affect the metrological accuracy of the scale. The printout from the fault log must show: (A) The vessel name and Federal fish eries or processor permit number; (B) The month, day, year, and time of each startup to the nearest minute in A.l.t.; (C) The month, day, year, and time that each fault began to the nearest minute in A.l.t.; (D) The month, day, year, and time that each fault was resolved to the nearest minute in A.l.t. (6) Scale installation requirements. The scale display must be readable from the location where the observer collects unsorted catch unless otherwise au thorized by a NMFS-authorized scale inspector. (7) Platform scales used as observer sampling scales or to determine the known weight of test materials. Platform scales used only as observer sampling scales or to determine the known weight of fish for a material test of another scale are required to meet all of the require ments of paragraph (b) of this section VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00735 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 726 50 CFR Ch. VI (10–1–22 Edition) § 679.28 and appendix A to this part except sec tions 4.3.1 and 4.3.1.5 of appendix A to this part (printer) or section 4.3.1.8 (audit trail) of appendix A to this part. (8) Video monitoring for scales used by the vessel crew to weigh catch. The owner and operator of a vessel fishing for groundfish who are required to weigh catch under the regulations in this sec tion must provide and maintain a NMFS-approved video monitoring sys tem as specified in paragraph (e) of this section. Additionally, the system must: (i) Provide sufficient resolution and field of view to monitor: All areas where catch enters the scale, moves across the scale and leaves the scale; any access point to the scale from which the scale may be adjusted or modified by vessel crew while the ves sel is at sea; and the scale display and the indicator for the scale operating in a fault state. (ii) Record and retain video for all periods when catch that must be weighed is on board the vessel. (c) Scales approved by the State of Alas ka. Scale requirements in this para graph are in addition to those require ments set forth by the State of Alaska, and nothing in this paragraph may be construed to reduce or supersede the authority of the State to regulate, test, or approve scales within the State of Alaska or its territorial sea. Scales used to weigh groundfish catch that are also required to be approved by the State of Alaska under Alaska Statute 45.75 must meet the following require ments: (1) Verification of approval. The scale must display a valid State of Alaska sticker indicating that the scale was inspected and approved within the pre vious 12 months. (2) Visibility. The owner and manager of the processor must ensure that the scale and scale display are visible si multaneously to the observer. Observ ers, NMFS personnel, or an authorized officer must be allowed to observe the weighing of fish on the scale and be al lowed to read the scale display at all times. (3) Printed scale weights. (i) The owner and manager of the processor must en sure that printouts of the scale weight of each haul, set, or delivery are made available to observers, NMFS per sonnel, or an authorized officer at the time printouts are generated and thereafter upon request for the dura tion of the fishing year. The owner and manager must retain scale printouts as records as specified in § 679.5(a)(5)(ii). (ii) A scale identified in a CMCP (see paragraph (g) of this section) must produce a printed record for each deliv ery, or portion of a delivery, weighed on that scale. If approved by NMFS as part of the CMCP, scales not designed for automatic bulk weighing may be exempted from part or all of the print ed record requirements. The printed record must include: (A) The processor name; (B) The weight of each load in the weighing cycle; (C) The total weight of fish in each delivery, or portion of the delivery that was weighed on that scale; (D) The total cumulative weight of all fish or other material weighed on the scale since the last annual inspec tion; (E) The date and time the informa tion is printed; (F) The name and ADF&G number of the vessel making the delivery. This information may be written on the scale printout in pen by the scale oper ator at the time of delivery. (4) Inseason scale testing. Scales iden tified in an approved CMCP (see para graph (g) of this section) must be test ed by plant personnel in accordance with the CMCP when testing is re quested by NMFS-staff or NMFS-au thorized personnel. Plant personnel must be given no less than 20 minutes notice that a scale is to be tested and no testing may be requested if a scale test has been requested and the scale has been found to be accurate within the last 24 hours. (i) How does a scale pass an inseason test? To pass an inseason test, NMFS staff or NMFS-authorized personnel will verify that the scale display and printed information are clear and eas ily read under all conditions of normal operation, weight values are visible on the display until the value is printed, and the scale does not exceed the max imum permissible errors specified below: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00736 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 727 Fishery Conservation and Management § 679.28 Test Load in Scale Divisions Maximum Error in Scale Divi sions (A) 0–500 ............................................................. 1 (B) 501–2,000 ...................................................... 2 (C) 2,001–4,000 ................................................... 3 (D) >4,000 ........................................................... 5 (ii) How much weight is required to do an inseason scale test? Scales must be tested with the amount and type of weight specified for each scale type in the following tables: (A) Automatic hopper 0 to 150 kg (0 to 300 lb) capacity. Certified Test Weights Other test material (1) Minimum weighment or 10 kg (20 lb), whichever is greater Minimum (2) Maximum Maximum (B) Automatic hopper >150 kg (300 lb) capacity. Certified Test Weights Other test material (1) Minimum weighment or 10 kg (20 lb), whichever is greater Minimum (2) 25 percent of maximum or 150 kg (300 lb), whichever is greater. Maximum (C) Platform or flatbed 0 to 150 kg (0 to 300 lb) capacity. Certified Test Weights Other test material (1) 10 kg (20 lb) Not Acceptable (2) Midpoint Not Acceptable (3) Maximum Not Acceptable (D) Platform or flatbead >150 kg (300 lb) capacity. Certified Test Weights Other test material (1) 10 kg (20 lb) Not Acceptable (2) 12.5 percent of maximum or 75 kg (150 lb), which ever is greater 50 percent of maximum or 75 kg (150 lb), whichever is greater (3) 25 percent of maximum or 150 kg (300 lb), whichever is greater 75 percent of maximum or 150 kg (300 lb), whichever is greater (E) Observer sampling scale >50 kg capacity. Certified Test Weights Other test material (1) 10 kg Not Acceptable (2) 25 kg Not Acceptable (3) 50 kg Not Acceptable (iii) Certified test weights. Each test weight used for inseason scale testing must have its weight stamped on or otherwise permanently affixed to it. The weight of each test weight must be certified by a National Institute of Standards and Technology approved metrology laboratory every 2 years. An observer platform scale must be pro vided with sufficient test weights to test the scale at 10 kg, 25 kg, and 50 kg. All other scales identified in an ap proved CMCP must be provided with sufficient test weights to test the scale as described in this paragraph (c)(4) of this section. Test weights for observer platform scales must be denominated in kilograms. Test weights for other scales may be denominated in pounds. (iv) Other test material. When per mitted in paragraph (c)(4)(ii) of this section, a scale may be tested with test material other than certified test weights. This material must be weighed on an accurate observer plat form scale at the time of each use. (v) Observer sampling scales. Platform scales used as observer sampling scales must: (A) Have a capacity of no less than 50 kg; (B) Have a division size of no less than 5 g; (C) Indicate weight in kilograms and decimal subdivisions; and (D) Be accurate within plus or minus 0.5 percent when tested at 10 kg, 25 kg, and 50 kg by NMFS staff or an ob server. (d) Observer sampling station—(1) Ac cessibility. All the equipment required for an observer sampling station must be available to the observer at all times while a sampling station is re quired and the observer is aboard the vessel, except that the observer sam pling scale may be used by vessel per sonnel to conduct material tests of the scale used to weigh catch under para graph (b)(3) of this section, as long as the use of the observer’s sampling scale by others does not interfere with the observer’s sampling duties. (2) Location—(i) Motherships and catcher/processors or catcher vessels using trawl gear. The observer sampling sta tion must be located within 4 m of the location from which the observer col lects unsorted catch. Clear, unob structed passage must be provided be tween the observer sampling station and the location where the observer VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00737 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 728 50 CFR Ch. VI (10–1–22 Edition) § 679.28 collects unsorted catch. When standing where unsorted catch is sampled, the observer must be able to see that no fish have been removed between the bin and the scale used to weigh total catch. (ii) Vessels using nontrawl gear. The observer sampling station must be lo cated within 5 m of the collection area, described at § 679.28(d)(8)(ii)(B) of this section, unless any location within this distance is unsafe for the observer. Clear, unobstructed passage must be provided between the observer sam pling station and the collection area. Access must be provided to the tally station, described at § 679.28(d)(8)(ii)(A) of this section. NMFS may approve an alternative location if the vessel owner submits a written proposal describing the alternative location and the rea sons why a location within 5 m of where fish are brought on board the vessel is unsafe, and the proposed ob server sampling station meets all other applicable requirements of this section. (iii) What is clear, unobstructed pas sage? Where clear and unobstructed passage is required, passageways must be at least 65 cm wide at their nar rowest point, be free of tripping haz ards, and be at least 1.8 m high. Door ways or companionways must be free of obstacles. (3) Minimum work space. The observer must have a working area for sampling of at least 4.5 square meters. This working area includes the observer’s sampling table. The observer must be able to stand upright and have a work area at least 0.9 m deep in the area in front of the table and scale. (4) Table. The observer sampling sta tion must include a table at least 0.6 m deep, 1.2 m wide and 0.9 m high and no more than 1.1 m high. The entire sur face area of the table must be available for use by the observer. Any area used for the observer sampling scale is in addition to the minimum space re quirements for the table. The observ er’s sampling table must be secured to the floor or wall. (5) Observer sampling scale. The ob server sampling station must include a NMFS-approved platform scale with a capacity of at least 50 kg located with in 1 m of the observer’s sampling table. The scale must be mounted so that the weighing surface is no more than 0.7 m above the floor. The scale must be ap proved by NMFS under paragraph (b) of this section and must meet the max imum permissible error requirement specified in paragraph (b)(3)(ii)(A) of this section when tested by the ob server. (6) Other requirements. The sampling station must include flooring that pre vents slipping and drains well (grating or other material where appropriate), adequate lighting, and a hose that sup plies fresh or sea water to the observer. (7) Catcher/processors and motherships in the BS pollock fishery, including pol lock CDQ. Catcher/processors directed fishing for pollock in the BS or motherships taking deliveries from vessels directed fishing for pollock in the BS also must meet the following requirements: (i) A salmon storage container must be located adjacent to the observer sampling station; (ii) The salmon storage container must remain in view of the observer at the observer sampling station at all times during the sorting of each haul; and (iii) The salmon storage container must be at least 1.5 cubic meters. (8) Requirements for sampling catch—(i) Motherships and catcher/processors using trawl gear. The conveyor belt conveying unsorted catch must have a removable board to allow fish to be diverted from the belt directly into the observer’s sampling baskets. The diverter board must be located downstream of the scale used to weigh total catch so that the observer can use this scale to weigh large samples. At least 1 m of acces sible belt space, located downstream of the scale used to weigh total catch, must be available for the observer’s use when sampling a haul. (ii) Catcher/processors using non-trawl gear. In addition to the sampling sta tion, vessels using non-trawl gear must provide: (A) Tally station. A place where the observer can see the gear as it leaves the water and can count and identify fish. It must be within 5 m of where fish are brought aboard the vessel and in a location where the observer is not in danger of falling overboard or being injured during gear retrieval. Where exposed to wind or seas, it must be VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00738 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 729 Fishery Conservation and Management § 679.28 equipped with a railing at least 1.0 m high, grating or other non-slip mate rial, and adequate lighting. (B) Collection area. A collection area is a place where the observer, or vessel crew under the observer’s guidance, collects fish as they come off the line or are removed from pots. It must be located where the observer can see the gear when it leaves the water. Where exposed to wind or seas, it must be equipped with a railing at least 1.0 m high and grating or other non-slip ma terial. (9) Observer deck sampling station. Motherships and catcher/processors subject to § 679.120 must be equipped with a deck sampling station that meets the following requirements: (i) Accessibility. All equipment re quired for an observer deck sampling station must be available to the ob server at all times when halibut deck sorting. (ii) Location. The observer deck sam pling station must be located adjacent to the point of discard. (iii) Work space. The observer must be able to stand upright in front of the table. (iv) Table—(A) Size. The observer deck sampling station must include a table at least 0.6 m deep, 1.2 m wide, and 0.9 m high, and no more than 1.1 m high. The entire surface area of the table must be available for use by the observer. The table must be secured to the deck when halibut deck sorting. The table must be constructed to pre vent fish from sliding off. (B) Length measuring device. The table must have a NMFS-approved length measuring device secured to the sur face of the table. (v) Single pathway. There must be a single pathway for halibut to be con veyed to the observer deck sampling station. All halibut sorted on deck must pass over the observer table. There must be a single point of discard after the observer deck sampling sta tion visible to the observer. Halibut too large to be lifted to the table may be measured on deck. (10) Inspection of the observer sampling station. Each observer sampling station must be inspected and approved by NMFS prior to its use for the first time and then once each year within 12 months of the most recent inspection with the following exceptions: If the observer sampling station is moved or if the space or equipment available to the observer is reduced or removed when use of the observer sampling sta tion is required, the Observer Sampling Station Inspection Report issued under this section is no longer valid, and the observer sampling station must be re inspected and approved by NMFS. In spection of the observer sampling sta tion is in addition to inspection of the at-sea scales by an authorized scale in spector required at paragraph (b)(2) of this section. (i) How does a vessel owner arrange for an observer sampling station inspection? The vessel owner must submit an In spection Request for Observer Sam pling Station with all the information fields accurately filled in to NMFS by fax (206–526–4066) or emailing (station.inspections@noaa.gov) at least 10 working days in advance of the re quested date of inspection. The request form is available on the NMFS Alaska Region Web site at https:// alaskafisheries.noaa.gov. (ii) Where will Observer sampling station inspections be conducted? In spections will be conducted on vessels tied up at docks in Kodiak, Alaska, Dutch Harbor, Alaska, and in the Puget Sound area of Washington State. (iii) Observer Sampling Station Inspec tion Report. An Observer Sampling Sta tion Inspection Report will be issued by NMFS to the vessel owner if the ob server sampling station meets the re quirements in this paragraph (d). The vessel owner must maintain a current Observer Sampling Station Inspection Report on board the vessel at all times when the vessel is required to provide an observer sampling station approved for use under this paragraph (d). The Observer Sampling Station Inspection Report must be made available to the observer, NMFS personnel, or to an au thorized officer upon request. (A) Deck Sorting. An Observer Sam pling Station Inspection Report issued to the owner of a vessel participating in halibut deck sorting as described at § 679.120 will indicate the time limit for halibut deck sorting activities. Consid erations used by NMFS to determine the time limit for halibut deck sorting VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00739 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 730 50 CFR Ch. VI (10–1–22 Edition) § 679.28 include, but are not limited to, deck space and configuration, and best available halibut viability information. (B) [Reserved]. (e) Video Monitoring System Require ments—(1) What requirements must a ves sel owner and operator comply with for a video monitoring system? (i) The system must have sufficient data storage ca pacity to store all video data from an entire trip. Each frame of stored video data must record a time/date stamp in Alaska local time (A.l.t.). (ii) The system must include at least one external USB port or other remov able storage device approved by NMFS. (iii) The system must output video files to an open source format or the vessel owner must provide software ca pable of converting the output video file to an open source format or com mercial software must be available for converting the output video file to an open source format. (iv) Color cameras must have at a minimum 470 TV lines of resolution, auto-iris capabilities, and output color video to the recording device with the ability to revert to black and white video output when light levels become too low for color recognition. (v) The video data must be main tained by the vessel operator and made available on request by NMFS employ ees, or any individual authorized by NMFS. The data must be retained on board the vessel for no less than 120 days after the date the video is re corded, unless NMFS has notified the vessel operator that the video data may be retained for less than this 120 day period. (vi) The system must record at a speed of no less than 5 unique frames per second at all times when the use of a video monitoring system is required. (vii) NMFS employees, or any indi vidual authorized by NMFS, must be able to view any video footage from any point in the trip using a 16-bit or better color monitor that can display all camera views simultaneously and must be assisted by crew knowledge able in the operation of the system. (viii) Unless exempted under para graph (D) below, a 16-bit or better color monitor must be provided within the observer sampling station or at the lo cation where the observer sorts and weighs samples. The monitor: (A) Must have the capacity to display all camera views simultaneously; (B) Must be operating when the use of a video monitoring system is re quired; (C) Must be securely mounted at or near eye level; (D) Is not applicable to longline C/Ps subject to § 679.100(b)(2). (2) How does a vessel owner or operator arrange for NMFS to conduct a video monitoring system inspection? The vessel owner or operator must submit an In spection Request for a Video Moni toring System to NMFS with all infor mation fields accurately filled in at least 10 working days in advance of the requested date of inspection. The re quest form is available on the NMFS Alaska Region Web site (https:// alaskafisheries.noaa.gov). (3) What additional information is re quired for a video monitoring system in spection? (i) A diagram drawn to scale showing all sorting locations, the loca tion of the motion-compensated scale, the location of each camera and its coverage area, and the location of any additional video equipment must be submitted with the Inspection Request for a Video Monitoring System form. Diagrams for C/Ps and motherships in the BSAI pollock fishery, including pollock CDQ, must include the location of the salmon storage container. (ii) Any additional information re quested by the Regional Adminis trator. (4) Where will NMFS conduct video monitoring and bin monitoring system in spections? Inspections will be conducted on vessels tied to docks at Dutch Har bor, Alaska; Kodiak, Alaska; and in the Puget Sound area of Washington State. (5) A video monitoring system is ap proved for use when NMFS employees, or any individual authorized by NMFS, completes and signs a Video Moni toring Inspection Report verifying that the video system meets all applicable requirements of this section. (6) A vessel owner or operator must maintain a current NMFS-issued Video Monitoring System Inspection Report on board the vessel at all times the vessel is required to provide an ap proved video monitoring system. The VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00740 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 731 Fishery Conservation and Management § 679.28 Video Monitoring System Inspection Report must be made available to the observer, NMFS personnel, or to an au thorized officer upon request. (7) How does a vessel owner make a change to the video monitoring system? Any change to the video monitoring system that would affect the system’s functionality must be submitted by a vessel owner to, and be approved by, the Regional Administrator in writing before that change is made. (f) Vessel Monitoring System (VMS) Re quirements—(1) What is a VMS? A VMS consists of a NMFS-approved VMS transmitter that automatically deter mines the vessels position and trans mits it to a NMFS-approved commu nications service provider. The commu nications service provider receives the transmission and relays it to NMFS. (2) How are VMS transmitters and com munications service providers approved by NMFS? (i) NMFS publishes type ap proval specifications for VMS compo nents in the FEDERAL REGISTER. (ii) Transmitter manufacturers or communication service providers may submit products or services to NMFS for evaluation based on the published specifications. (iii) NMFS will publish a list of NMFS-approved transmitters and com munication service providers in the FEDERAL REGISTER. As necessary, NMFS will publish amendments to the list of approved components in the FEDERAL REGISTER. (3) What are the vessel owner’s respon sibilities? If you are a vessel owner that must participate in a VMS, you or your crew must: (i) Obtain a NMFS-approved VMS transmitter with transmission capa bilities required for the areas of vessel operation and have it installed onboard your vessel in accordance with the in structions provided by NMFS. You may get a copy of the VMS installation and operation instructions from the Re gional Administrator upon request. (ii) Activate the VMS transmitter and receive confirmation from NMFS that the VMS transmissions are being received before engaging in operations when a VMS is required. (iii) Continue the VMS transmissions until no longer engaged in operations requiring VMS. (iv) Stop fishing immediately if: (A) Informed by NMFS staff or an au thorized officer that NMFS is not re ceiving position reports from the VMS transmitter, or (B) The vessel operator determines that the VMS is not transmitting prop erly. (v) Make the VMS transmitter avail able for inspection by NMFS personnel, observers or an authorized officer. (vi) Ensure that the VMS transmitter is not tampered with, disabled, de stroyed or operated improperly. (vii) Pay all charges levied by the communication service provider. (4) What must the vessel owner do be fore activating a VMS transmitter for the first time? If you are a vessel owner who must use a VMS and you are activating a VMS transmitter for the first time, you must: (i) Register the vessel’s VMS unit with an appropriate service provider; (ii) [Reserved] (iii) Call OLE at 907–586–7225, Monday through Friday, between the hours of 0800 hours, A.l.t., and 1630 hours, A.l.t., at least 72 hours before leaving port and receive confirmation that the transmissions are being received. (5) What must the vessel owner do when the vessel replaces a VMS transmitter? A vessel owner who must use a VMS and who intends to replace a transmitter, must follow the reporting and con firmation procedure for the replace ment transmitter, as described in para graph (f)(4) of this section. (6) When must the VMS transmitter be transmitting? Your vessel’s transmitter must be transmitting if: (i) You operate a vessel in any re porting area (see definitions at § 679.2) off Alaska while any fishery requiring VMS, for which the vessel has a species and gear endorsement on its Federal Fisheries Permit under § 679.4(b), is open. (ii) You operate a vessel required to be federally permitted in reporting areas located in the Aleutian Islands subarea or operate a federally per mitted vessel in adjacent State waters; (iii) You operate a vessel required to be Federally permitted with non-pe lagic trawl or dredge gear onboard in reporting areas located in the GOA or operate a federally permitted vessel VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00741 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 732 50 CFR Ch. VI (10–1–22 Edition) § 679.28 with non-pelagic trawl or dredge gear onboard in adjacent State waters; (iv) When that vessel is required to use functioning VMS equipment in the Rockfish Program as described in § 679.7(n)(3); (v) You operate a vessel in federal re porting areas 610, 620, or 630, and re ceive and process groundfish from other vessels; (vi) You operate an Amendment 80 catcher/processor (see § 679.5(s)); (vii) You are fishing for IFQ sablefish in the Bering Sea or Aleutian Islands (see § 679.42(k)); (viii) You are fishing for IFQ sable fish in the GOA using longline pot gear (see § 679.42(l)) or fishing for IFQ or CDQ halibut or CDQ sablefish in the BSAI using pot gear (see § 679.42(m)); or (ix) You are required under the Crab Rationalization Program regulations at 50 CFR 680.23(d). (7) What additional requirements does an operator have if trawling in the Aleu tian Islands reporting areas? Operators of vessels named on a Federal Fisheries Permit under § 679.4(b), and that are using trawl gear in the Aleutian Is lands reporting areas to harvest groundfish that is required to be de ducted from a Federal TAC specified at § 679.20, must set their VMS to transmit the vessel location at least 10 times per hour. (g) Catch monitoring and control plan requirements (CMCP)—(1) What is a CMCP? A CMCP is a plan submitted by the owner and manager of a processing plant, and approved by NMFS, detail ing how the processing plant will meet the catch monitoring and control standards detailed in paragraph (g)(7) of this section. (2) Who is required to prepare and sub mit a CMCP for approval? The owner and manager of shoreside or stationary floating processors receiving fish har vested in the following fisheries must prepare, submit, and have approved a CMCP prior to the receipt of fish har vested in these fisheries: (i) AFA and CDQ pollock, (ii) AI directed pollock, (iii) Rockfish Program, unless those fish are harvested under the rockfish entry level longline fishery as de scribed under § 679.83. (3) How is a CMCP approved by NMFS? NMFS will approve a CMCP if it meets all the requirements specified in para graph (g)(7) of this section. The proc essor must be inspected by NMFS prior to approval of the CMCP to ensure that the processor conforms to the elements addressed in the CMCP. NMFS will complete its review of the CMCP with in 14 working days of receiving a com plete CMCP and conducting a CMCP in spection. If NMFS disapproves a CMCP, the plant owner or manager may resub mit a revised CMCP or file an adminis trative appeal as set forth under the administrative appeals procedures de scribed at § 679.43. (4) How is a CMCP inspection ar ranged? The time and place of a CMCP inspection may be arranged by submit ting a written request for an inspection to NMFS, Alaska Region. NMFS will schedule an inspection within 10 work ing days after NMFS receives a com plete application for an inspection. The inspection request must include: (i) Name and signature of the person submitting the application and the date of the application; (ii) Address, telephone number, fax number, and email address (if avail able) of the person submitting the ap plication; (iii) A proposed CMCP detailing how the processor will meet each of the per formance standards in paragraph (g)(7) of this section. (5) For how long is a CMCP approved? NMFS will approve a CMCP for 1 year if it meets the performance standards specified in paragraph (e)(2) of this sec tion. An owner or manager must notify NMFS in writing if changes are made in plant operations or layout that do not conform to the CMCP. (6) How do I make changes to my CMCP? An owner and manager may change an approved CMCP by submit ting a CMCP addendum to NMFS. NMFS will approve the modified CMCP if it continues to meet the performance standards specified in paragraph (e)(2) of this section. Depending on the na ture and magnitude of the change re quested, NMFS may require a CMCP inspection as described in paragraph (g)(3) of this section. A CMCP adden dum must contain: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00742 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 733 Fishery Conservation and Management § 679.28 (i) Name and signature of the person submitting the addendum; (ii) Address, telephone number, fax number and email address (if available) of the person submitting the adden dum; (iii) A complete description of the proposed CMCP change. (7) Catch monitoring and control stand ards—(i) Catch sorting and weighing re quirements. All groundfish delivered to the plant must be sorted and weighed by species. The CMCP must detail the amount and location of space for sort ing catch, the number of staff assigned to catch sorting and the maximum rate that catch will flow through the sort ing area. (ii) Scales used for weighing ground fish. The CMCP must identify by serial number each scale used to weigh groundfish and describe the rational for its use. (iii) Scale testing procedures. Scales identified in the CMCP must be accu rate within the limits specified in para graph (c)(4)(i) of this section. For each scale identified in the CMCP a testing plan must be developed that: (A) Describes the procedure the plant will use to test the scale; (B) Lists the test weights and equip ment required to test the scale; (C) Lists where the test weights and equipment will be stored; and (D) Lists the plant personnel respon sible for conducting the scale testing. (iv) Printed record. The owner and manager must ensure that the scale produces a complete and accurate printed record of the weight of each species in a delivery. All of the ground fish in a delivery must be weighed on a scale capable of producing a complete printed record as described in para graph (c)(3) of this section. However, NMFS may exempt scales not designed for automatic bulk weighing from some or all of the printed record re quirements if the CMCP identifies any scale that cannot produce a complete printed record, states how the proc essor will use the scale, and states how the plant intends to produce a com plete record of the total weight of each delivery. (v) Delivery point. Each CMCP must identify a single delivery point. The de livery point is the first location where fish removed from a delivering catcher vessel can be sorted or diverted to more than one location. If the catch is pumped from the hold of a catcher ves sel or a codend, the delivery point nor mally will be the location where the pump first discharges the catch. If catch is removed from a vessel by brailing, the delivery point normally will be the bin or belt where the brailer discharges the catch. (vi) Observation area. Each CMCP must designate an observation area. The observation area is a location des ignated on the CMCP where an indi vidual may monitor the flow of fish during a delivery. The owner and man ager must ensure that the observation area meets the following standards: (A) Access to the observation area. The observation area must be freely acces sible to NMFS staff or NMFS-author ized personnel at any time a valid CMCP is required. (B) Monitoring the flow of fish. From the observation area, an individual must have an unobstructed view or otherwise be able to monitor the entire flow of fish between the delivery point and a location where all sorting has taken place and each species has been weighed. (C) For shoreside processors or sta tionary floating processors taking de liveries from vessels directed fishing for pollock in the BS, including vessels directed fishing for pollock CDQ in the BS, the observation area must provide a clear, unobstructed view of the salm on storage container to ensure no salmon of any species are removed without the observer’s knowledge. (vii) Observer work station. Each CMCP must identify and include an ob server work station for the exclusive use of observers. Unless otherwise ap proved by NMFS, the work station must meet the following criteria: (A) Location of observer work station. (1) The observer work station must be located in an area protected from the weather where the observer has access to unsorted catch. (2) For shoreside processors or sta tionary floating processors taking de liveries from vessels directed fishing for pollock in the BS, including vessels directed fishing for pollock CDQ in the BS, the observer work station must be VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00743 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 734 50 CFR Ch. VI (10–1–22 Edition) § 679.28 adjacent to the location where salmon will be counted and biological samples or scientific data are collected. (B) Platform scale. The observer work station must include a platform scale as described in paragraph (c)(4) of this section; (C) Proximity of observer work station. The observation area must be located near the observer work station. The plant liaison must be able to walk be tween the work station and the obser vation area in less than 20 seconds without encountering safety hazards. (D) Workspace. The observer work station must include: A working area of at least 4.5 square meters, a table as specified in paragraph (d)(4) of this sec tion, and meet the other requirements as specified in paragraph (d)(6) of this section. (E) Lockable cabinet. The observer work station must include a secure and lockable cabinet or locker of at least 0.5 cubic meters. (viii) Communication with observer. The CMCP must describe what commu nication equipment such as radios, pagers or cellular phones, is used to fa cilitate communications within the plant. The plant owner must ensure that the plant manager provides the observer with the same communica tions equipment used by plant staff. (ix) Plant liaison. The CMCP must designate a plant liaison. The plant li aison is responsible for: (A) Orienting new observers to the plant and providing a copy of the ap proved CMCP; (B) Assisting in the resolution of ob server concerns; and (C) Informing NMFS if changes must be made to the CMCP. (x) Scale drawing of plant. The CMCP must be accompanied by a scale draw ing of the plant showing: (A) The delivery point; (B) The observation area; (C) The observer work station; (D) The location of each scale used to weigh catch; (E) Each location where catch is sort ed including the last location where sorting could occur; and (F) For shoreside processors or sta tionary floating processors taking de liveries from vessels directed fishing for BS pollock, including vessels di rected fishing for pollock CDQ in the BS, the location of the salmon storage container. (xi) CMCP specialist notification. For shoreside processors receiving deliv eries of groundfish harvested under the authority of a rockfish CQ permit, de scribe how the CMCP specialist will be notified of deliveries of groundfish har vested under the authority of a rock fish CQ permit. (h) ELB software—(1) How do I get my ELB software approved by NMFS?—(i) Specifications. NMFS will provide speci fications for ELB software upon re quest. Interested parties may contact NMFS by mail at NMFS Alaska Re gion, Sustainable Fisheries Division, Catch Accounting/Data Quality, P.O. Box 21668, Juneau, AK 99802–1668; by telephone at 907–586–7228. The four types of ELB software are: (A) Catcher vessel longline or pot gear (see § 679.5(c)(3)); (B) Catcher/processor longline or pot gear (see § 679.5(c)(3)); (C) Catcher vessel trawl gear (see § 679.5(c)(4)); and (D) Catcher/processor trawl gear (see § 679.5(c)(4)). (ii) ELB submittal package. A vendor or developer wishing to have an ELB approved by NMFS must submit: (A) A fully operational test copy of the software; and (B) An application for ELB–approval giving the following information (see paragraphs (h)(1)(ii)(B)(1) through (3) of this section): (1) Company, contact person, address, telephone number, and fax number for the company developing the software; (2) Name and type of software; and (3) Printed name and signature of in dividual submitting the software for approval. (C) Copies of all manuals and docu mentation for the software. (iii) ELB approval. NMFS will ap prove ELB software within 60 working days of receipt of all required informa tion if the software meets the following standards in paragraphs (h)(1)(iii)(A) through (H) of this section): (A) Has fields for the entry of all in formation required for a paper DFL or DCPL as described in § 679.5(c)(3) and (4), as appropriate. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00744 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 735 Fishery Conservation and Management § 679.28 (B) The software must automatically time and date stamp each printed copy of the ELB logsheet and ELB discard report and clearly identify the first printed copy as an original. If any changes are made to the data in the ELB, subsequent printed copies must clearly be identified as revised. The software must be designed to prevent the operator from overriding this fea ture. (C) The software must export data as an ASCII comma delimited text file, xml file, or other format approved by NMFS. (D) The software must integrate with the vessel’s global positioning system (GPS) to allow vessel location fields to be completed automatically. (E) When the software is started, it must clearly show the software version number. (F) The software must be designed to facilitate the transfer of an export file to NMFS as an email attachment. (G) The software must be designed to ensure that an operator can comply with the requirements for ELB use as described in § 679.5(f). (H) The software must include suffi cient data validation capability to pre vent a submitter from accidentally transmitting a data file or printing an ELB logsheet that is incomplete or contains clearly erroneous data. (2) What if I need to make changes to NMFS-approved ELB software?—(i) NMFS-instigated changes. NMFS will provide the developer with information that affects the ELB software as soon as it is available for distribution, e.g., changes in species codes or product codes. (ii) Developer-instigated changes. The developer must submit a copy of the changed software along with docu mentation describing the need for the change to NMFS for review and ap proval as described in paragraph (h)(1)(ii) of this section. NMFS will re view and approve the new version ac cording to the guidelines set forth in paragraph (h)(1)(iii) of this section. (iii) NMFS-approved ELB changes. If changes to ELB software are approved by NMFS, the developer must: (A) Give the revised software a new version number; (B) Notify all known ELB users of the software that a new version is available; and (C) Ensure that the ELB users are provided with a revised copy within 15 days of notification. (i) Bin monitoring—(1) Bin monitoring standards. The vessel owner or operator must comply with the requirements specified in paragraph (i)(1)(i) of this section unless the vessel owner or oper ator has requested, and NMFS has ap proved, the video monitoring option de scribed at paragraph (i)(1)(ii) of this section. (i) Option 1—No crew in bin or tank. No crew may enter any bin or tank pre ceding the point where the observer samples unsorted catch, unless: (A) The flow of fish has been stopped between the tank and the location where the observer samples unsorted catch; (B) All catch has been cleared from all locations between the tank and the location where the observer samples unsorted catch; (C) The observer has been given no tice that the vessel crew must enter the tank; and either (D) The observer is given the oppor tunity to observe the activities of the person(s) in the tank; or (E) The observer informs the vessel operator, or his designee, that all sam pling has been completed for a given haul, in which case crew may enter a tank containing fish from that haul without stopping the flow of fish or clearing catch between the tank and the observer sampling station. (ii) Option 2—Video monitoring system option. A vessel owner and operator must provide and maintain a NMFS-ap proved video monitoring system as specified in paragraph (e) of this sec tion. Additionally, the vessel owner and operator must ensure that the sys tem: (A) Records and retains all video for all periods when fish are inside the bin; and (B) Provides sufficient resolution and field of view to see crew activities from any location within the tank where crew could be located. (2) Who must have a bin monitoring op tion inspection? A vessel owner or oper ator choosing to operate under the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00745 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 736 50 CFR Ch. VI (10–1–22 Edition) § 679.28 video option (option 2) in paragraph (i)(1)(ii) of this section must receive an annual bin monitoring option inspec tion. (3) How does a vessel owner arrange for a bin monitoring option inspection? The owner must submit an Inspection Re quest for Bin Monitoring to NMFS with all the information fields filled in at least 10 working days in advance of the requested date of inspection. The request form is available on the NMFS Alaska Region Web site (https:// alaskafisheries.noaa.gov). (4) Where will bin monitoring option in spections be conducted? Inspections will be conducted on vessels tied to docks at Dutch Harbor, Alaska, Kodiak, Alas ka, and in the Puget Sound area of Washington State. (5) Bin monitoring option inspection re port. A bin monitoring option inspec tion report will be issued to the vessel owner if the bin monitoring option meets the requirements of paragraph (i)(1)(ii) of this section. The vessel owner must maintain a current bin op tion inspection report on board the ves sel at all times the vessel is required to provide an approved bin monitoring op tion under this paragraph (i)(5). The bin monitoring option inspection re port must be made available to the ob server, NMFS personnel, or to an au thorized officer upon request. (j) Video monitoring on catcher/proc essors and motherships in the BS pollock fishery, including pollock CDQ. The owner and operator of a catcher/proc essor or a mothership must provide and maintain a video monitoring system approved under paragraph (e) of this section. These video monitoring sys tem requirements must be met when the catcher/processor is directed fish ing for pollock in the BS, including pollock CDQ, and when the mothership is taking deliveries from catcher ves sels directed fishing for pollock in the BS, including pollock CDQ. Addition ally, the system must— (1) Record and retain video for all pe riods when fish are flowing past the sorting area or salmon are in the stor age container. (2) The system must provide suffi cient resolution and field of view to ob serve all areas where salmon are sorted from the catch, all crew actions in these areas, and discern individual fish in the salmon storage container. (k) Video monitoring in the longline catcher/processor subsector. The owner and operator of a catcher/processor subject to § 679.100(b)(2) must provide and maintain a video monitoring sys tem approved under paragraph (e) of this section. These video monitoring system requirements must be met when the vessel is operating in either the BSAI or GOA groundfish fisheries when directed fishing for Pacific cod is open in the BSAI, or while the vessel is groundfish CDQ fishing. Additionally, the system must: (1) Record and retain video for all pe riods when Pacific cod are being sorted and weighed. (2) Provide sufficient resolution and field of view to monitor all areas where Pacific cod are sorted from the catch, all fish passing over the motion-com pensated scale, and all crew actions in these areas. (l) Video monitoring for halibut deck sorting. The owner and operator of a mothership or catcher/processor sub ject to § 679.120 must provide and main tain a video monitoring system ap proved under paragraph (e) of this sec tion when the vessel is halibut deck sorting. Additionally, the system must— (1) Record and retain video for an en tire trip when halibut deck sorting may occur; and (2) Provide sufficient resolution and field of view to monitor all areas on deck where halibut may be sorted from the catch and discarded, and all crew actions in these areas. [63 FR 5843, Feb. 4, 1998] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 679.28, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00746 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