50 CFR § 680.1-680.44 - Shellfish Fisheries of the Exclusive Economic Zone off Alaska

994 50 CFR Ch. VI (10–1–22 Edition) Pt. 680 [84 FR 70071, Dec. 20, 2019] PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA Subpart A—General Sec. 680.1 Purpose and scope. 680.2 Definitions. 680.3 Relation to other laws. 680.4 Permits. 680.5 Recordkeeping and reporting (R&R). 680.6 Crab economic data report (EDR). 680.7 Prohibitions. 680.8 Facilitation of enforcement. 680.9 Penalties. Subpart B—Management Measures 680.20 Arbitration System. 680.21 Crab harvesting cooperatives. 680.22 Sideboard protections for GOA groundfish fisheries. 680.23 Equipment and operational require ments. 680.30 [Reserved] Subpart C—Quota Management Measures 680.40 Crab Quota Share (QS), Processor QS (PQS), Individual Fishing Quota (IFQ), and Individual Processor Quota (IPQ) Issuance. 680.41 Transfer of QS, PQS, IFQ and IPQ. 680.42 Limitations on use of QS, PQS, IFQ, and IPQ. 680.43 Revocation of CVC and CPC QS. 680.44 Cost recovery. TABLE 1 TO PART 680—CRAB RATIONALIZATION (CR) FISHERIES TABLE 3a TO PART 680—CRAB DELIVERY CON DITION CODES TABLE 3b TO PART 680—CRAB DISPOSITION OR PRODUCT CODES TABLE 7 TO PART 680—INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY TABLE 8 TO PART 680—INITIAL QS AND PQS POOL FOR EACH CRAB QS FISHERY TABLE 9 TO PART 680—INITIAL ISSUANCE OF CRAB PQS BY CRAB QS FISHERY TABLE 10 TO PART 680—LICENSE LIMITATION PROGRAM LICENSE NUMBERS THAT AU THORIZE THE OWNERS AND OPERATORS OF CATCHER/PROCESSORS TO DIRECTED FISH FOR PACIFIC COD WITH HOOK-AND-LINE GEAR IN THE CENTRAL GULF OF ALASKA REGULATORY AREA (COLUMN A) AND IN THE WESTERN GULF OF ALASKA REGU LATORY AREA (COLUMN B) AUTHORITY: 16 U.S.C. 1862; Pub. L. 109–241; Pub. L. 109–479. SOURCE: 70 FR 10241, Mar. 2, 2005, unless otherwise noted. Subpart A—General § 680.1 Purpose and scope. Regulations in this part implement policies developed by the North Pacific Fishery Management Council and ap proved by the Secretary of Commerce in accordance with the Magnuson-Ste vens Fishery Conservation and Man agement Act. In addition to part 600 of this chapter, these regulations imple ment the following: (a) Fishery Management Plan (FMP) for Bering Sea and Aleutian Islands King and Tanner Crabs. Regulations in this part govern commercial fishing for, and processing of, king and Tanner crabs in the Bering Sea and Aleutian Islands Area pursuant to section 313(j) of the Magnuson-Stevens Act, includ ing regulations implementing the Crab Rationalization Program for crab fish eries in the Bering Sea and Aleutian Is lands Area, and supersede State of Alaska regulations applicable to the commercial king and Tanner crab fish eries in the Exclusive Economic Zone (EEZ) of the Bering Sea and Aleutian Islands Area that are determined to be inconsistent with the FMP. (b) License Limitation Program. Com mercial fishing for crab species not in cluded in the Crab Rationalization Pro gram for crab fisheries of the Bering Sea and Aleutian Islands Area remains subject to the License Limitation Pro gram for the commercial crab fisheries in the Bering Sea and Aleutian Islands Area under part 679 of this chapter. § 680.2 Definitions. In addition to the definitions in the Magnuson-Stevens Act, in 50 CFR part 600, and § 679.2 of this chapter, the terms used in this part have the fol lowing meanings: Adak community entity means the non-profit entity incorporated under the laws of the state of Alaska that represents the community of Adak and has a board of directors elected by the residents of Adak. Affiliation means a relationship be tween two or more entities, except for CDQ groups, in which one directly or indirectly owns or controls a 10 percent or greater interest in, or otherwise controls, another, or a third entity di rectly or indirectly owns or controls a VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01004 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 995 Fishery Conservation and Management § 680.2 10 percent or greater interest in, or otherwise controls, both. For the pur pose of this definition, the following terms are further defined: (1) Entity. An entity may be an indi vidual, corporation, association, part nership, joint-stock company, trust, or any other type of legal entity, except for a CDQ group, any receiver, trustee in bankruptcy or similar official or liq uidating agent, or any organized group of persons whether incorporated or not, that holds direct or indirect interest in: (i) Quota share (QS), processor quota share (PQS), individual fishing quota (IFQ), or individual processing quota (IPQ); or, (ii) For purposes of the economic data report (EDR), a vessel or proc essing plant operating in CR fisheries. (2) Indirect interest. An indirect inter est is one that passes through one or more intermediate entities. An entity’s percentage of indirect interest in a sec ond entity is equal to the entity’s per centage of direct interest in an inter mediate entity multiplied by the inter mediate entity’s direct or indirect in terest in the second entity. (3) Controls a 10 percent or greater in terest. An entity controls a 10 percent or greater interest in a second entity if the first entity: (i) Controls a 10 percent ownership share of the second entity, or (ii) Controls 10 percent or more of the voting stock of the second entity. (4) Otherwise controls. (i) A PQS or IPQ holder otherwise controls QS or IFQ, or a QS or IPQ holder, if it has: (A) The right to direct, or does di rect, the business of the entity which holds the QS or IFQ; (B) The right in the ordinary course of business to limit the actions of or replace, or does limit or replace, the chief executive officer, a majority of the board of directors, any general partner or any person serving in a management capacity of the entity which holds the QS or IFQ; (C) The right to direct, or does direct, the transfer of QS or IFQ; (D) The right to restrict, or does re strict, the day-to-day business activi ties and management policies of the entity holding the QS or IFQ through loan covenants; (E) The right to derive, or does de rive, either directly, or through a mi nority shareholder or partner, and in favor of a PQS or IPQ holder, a signifi cantly disproportionate amount of the economic benefit from the holding of QS or IFQ; (F) The right to control, or does con trol, the management of, or to be a controlling factor in, the entity hold ing QS or IFQ; (G) The right to cause, or does cause, the sale of QS or IFQ; (H) Absorbs all of the costs and nor mal business risks associated with ownership and operation of the entity holding QS or IFQ; and (I) Has the ability through any other means whatsoever to control the entity that holds QS or IFQ. (ii) Other factors that may be indica of control include, but are not limited to the following: (A) If a PQS or IPQ holder or em ployee takes the leading role in estab lishing an entity that will hold QS or IFQ; (B) If a PQS or IPQ holder has the right to preclude the holder of QS or IFQ from engaging in other business activities; (C) If a PQS or IPQ holder and QS or IFQ holder use the same law firm, ac counting firm, etc.; (D) If a PQS or IPQ holder and QS or IFQ holder share the same office space, phones, administrative support, etc.; (E) If a PQS or IPQ holder absorbs considerable costs and normal business risks associated with ownership and operation of the QS or IFQ holdings; (F) If a PQS or IPQ holder provides the start up capital for the QS or IFQ holder on less than an arm’s-length basis; (G) If a PQS or IPQ holder has the general right to inspect the books and records of the QS or IFQ holder; and (H) If the PQS or IPQ holder and QS or IFQ holder use the same insurance agent, law firm, accounting firm, or broker of any PQS or IPQ holder with whom the QS or IFQ holder has entered into a mortgage, long-term or exclu sive sales or marketing agreement, un secured loan agreement, or manage ment agreement. Arbitration IFQ means: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01005 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 996 50 CFR Ch. VI (10–1–22 Edition) § 680.2 (1) Class A catcher vessel owner (CVO) IFQ held by a person who is not a holder of PQS or IPQ and who is not affiliated with any holder of PQS or IPQ, and (2) IFQ held by an FCMA cooperative. Arbitration QS means CVO QS held by a person who is not a holder of PQS or IPQ and is not affiliated with any hold er of PQS or IPQ. Arbitration System means the system established by the contracts required by § 680.20, including the process by which the Market Report and Non Binding Price Formula are produced, the negotiation approaches, the Bind ing Arbitration process, and fee collec tion. Assessed value means the most recent value for a vessel and gear provided in a marine survey. Auditor means an examiner employed by, or under contract to, the data col lection agent to verify data submitted in an economic data report. Blind data means any data collected from the economic data report by the data collection agent that are subse quently amended by removing personal identifiers, including, but not limited to social security numbers, crew per mit numbers, names and addresses, Federal fisheries permit numbers, Fed eral processor permit numbers, Federal tax identification numbers, State of Alaska vessel registration and permit numbers, and by adding in their place a nonspecific identifier. Box size means the capacity of a crab packing container in kilograms or pounds. BSAI crab means those crab species governed under the Fishery Manage ment Plan (FMP) for Bering Sea/Aleu tian Islands King and Tanner Crabs. BSAI Crab Capacity Reduction Program means the program authorized by Pub lic Law 106–554, as Amended by Public Law 107–20 and Public Law 107–117. BSAI crab fisheries means those crab fisheries governed under the Fishery Management Plan (FMP) for Bering Sea/Aleutian Islands King and Tanner Crabs. Captain means, for the purposes of the EDR, a vessel operator. Catcher/processor (CP) means a vessel that is used for catching crab and proc essing that crab. Catcher vessel means a vessel that is used for catching crab and that does not process crab on board. CDQ community means a community identified as eligible for the CDQ Pro gram under 16 U.S.C. 1855(i)(1)(A). CDQ communities are listed in Table 7 to 50 CFR part 679. CDQ group means an entity identified as eligible for the CDQ Program under 16 U.S.C. 1855(i)(1)(A). CDQ groups are listed in Table 7 to 50 CFR part 679. Committed IFQ means: (1) Any Arbitration IFQ for which the holder of such IFQ has agreed or com mitted to delivery of crab harvested with the IFQ to the holder of pre viously uncommitted IPQ and for which the holder of the IPQ has agreed to accept delivery of that crab, regard less of whether such agreement speci fies the price or other terms for deliv ery, or (2) Any Arbitration IFQ for which, on or after the date which is 25 days prior to the opening of the first crab fishing season in the crab QS fishery for such IFQ, the holder of the IFQ has unilater ally committed to delivery of crab har vested with the IFQ to the holder of previously uncommitted IPQ, regard less of whether the IFQ and IPQ hold ers have reached an agreement that specifies the price or other terms for delivery. Committed IPQ means any IPQ for which the holder of such IPQ has re ceived a commitment of delivery from a holder of Arbitration IFQ such that the Arbitration IFQ is committed IFQ, regardless of whether the Arbitration IFQ and IPQ holders have reached an agreement that specifies the price or other terms for delivery. Converted CPO QS means CPO QS for the BBR and BSS crab QS fisheries that is issued to the entities defined in § 680.40(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) based on the procedures established in § 680.40(c)(5). CP standard price means price, ex pressed in U.S. dollars per raw crab pound, for all CR crab landed by a CP as determined for each crab fishing year by the Regional Administrator and documented in a CP standard price list published by NMFS. Crab cost recovery fee liability means that amount of money, in U.S. dollars, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01006 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 997 Fishery Conservation and Management § 680.2 owed to NMFS by a CR allocation hold er or RCR as determined by multi plying the appropriate ex-vessel value of the amount of CR crab debited from a CR allocation by the appropriate crab fee percentage. Crab fee percentage means that posi tive number no greater than 3 percent determined for each crab fishing year by the Regional Administrator and used to calculate the crab cost recov ery fee liability for a CR allocation holder or RCR under the Crab Ration alization Program. Crab fishing year means the period from July 1 of one calendar year through June 30 of the following cal endar year. Crab grade means a grading system to describe the quality of crab. (1) Grade 1 means standard or pre mium quality crab, and (2) Grade 2 means below standard quality crab. Crab harvesting cooperative, for the purposes of this part 680, means a group of crab QS holders who have chosen to form a crab harvesting cooperative, under the requirements of § 680.21, in order to combine and collectively har vest their crab IFQ through a crab har vesting cooperative IFQ permit issued by NMFS. Crab harvesting cooperative IFQ means the annual catch limit of IFQ crab that may be harvested by a crab harvesting cooperative that is lawfully allocated a harvest privilege for a specific portion of the TAC of a crab QS fishery. Crab individual fishing quota (crab IFQ) means the annual catch limit of a crab QS fishery that may be harvested by a person who is lawfully allocated a harvest privilege for a specific portion of the TAC of a crab QS fishery with the following designations or with the designation as a crab IFQ hired master: (1) Catcher vessel crew (CVC) IFQ means crab IFQ derived from QS ini tially issued to persons who histori cally held CFEC crab permits and signed fish tickets for qualifying land ings based on pounds delivered raw; to annually harvest, but not process, CR crab onboard the vessel used to harvest that crab. (2) Catcher vessel owner (CVO) IFQ means crab IFQ derived from QS ini tially issued to persons who held LLP crab permits and had qualifying land ings based on pounds delivered raw; to annually harvest, but not process, CR crab onboard the vessel used to harvest that crab. (i) Class A IFQ means IFQ that is re quired to be delivered to a processor holding unused IPQ. (ii) Class B IFQ means IFQ that is not required to be delivered to a processor holding unused IPQ. (3) Catcher/processor owner (CPO) IFQ means crab IFQ derived from QS ini tially issued to persons who held LLP crab permits and had qualifying land ings derived from landings processed at sea, to annually harvest and process CR crab. (4) Catcher/processor crew (CPC) IFQ means crab IFQ derived from QS ini tially issued to persons who histori cally held CFEC crab permits and signed fish tickets for qualifying land ings based on landings processed at sea, to annually harvest and process CR crab. Crab IFQ hired master means a person who holds a crab IFQ hired master per mit issued under § 680.4. Crab IFQ permit holder means the per son identified on an IFQ permit. Crab LLP license history means, for any particular crab LLP license, the legal landings made on the vessel(s) that was used to qualify for that LLP license and any legal landings made under the authority of that LLP li cense. Crab quota share (crab QS) means a permit the face amount of which is used as the basis for the annual cal culation and allocation of a person’s crab IFQ with the following designa tions: (1) Catcher vessel crew (CVC) QS means a permit that yields CVC IFQ. (2) Catcher vessel owner (CVO) QS means a permit that yields CVO IFQ. (3) Catcher/processor owner (CPO) QS means a permit that yields CPO IFQ. (4) Catcher/processor crew (CPC) QS means a permit that yields CPC IFQ. Crab QS fishery means those CR fish eries under Table 1 to this part that re quire the use of QS and PQS, and their resulting IFQ and IPQ, to harvest and receive IFQ crab. Crab QS program means the program that allocates QS and PQS, and their VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01007 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 998 50 CFR Ch. VI (10–1–22 Edition) § 680.2 resulting IFQ and IPQ, for CR crab of the BSAI off Alaska and governed by regulations under this part. Crab QS regional designation means the designation of QS or PQS and their resulting IFQ and IPQ subject to re gional delivery requirements in this part. Crab Rationalization (CR) allocation means any allocation of CR crab au thorized under the CR Program. Crab Rationalization (CR) crab means those crab species in the crab fisheries subject to management under the Crab Rationalization Program described in Table 1 to this part. Crab Rationalization (CR) fisheries means those fisheries defined in Table 1 to part 680. Crab Rationalization (CR) Program means the crab QS program plus the CDQ and the Adak community alloca tion programs, including all manage ment, monitoring, and enforcement components, for BSAI king and Tanner crabs governed by the regulations of this part. Crew means: (1) Any individual, other than the fisheries observers, working on a vessel that is engaged in fishing. (2) For the purposes of the EDR, each employee on a vessel, excluding the captain and fisheries observers, that participated in any CR fishery. Custom processing means processing of crab by a person undertaken on behalf of another person. Data collection agent (DCA) means the entity selected by the Regional Admin istrator to distribute an EDR to a per son required to complete it, to receive the completed EDR, to review and verify the accuracy of the data in the EDR, and to provide those data to au thorized recipients. Days at sea means, for the purposes of the EDR, the number of days spent at sea while fishing for crab, including travel time to and from fishing grounds. Economic data report (EDR) means the report of cost, labor, earnings, and rev enue data for catcher vessels, catcher/ processors, shoreside crab processors, and stationary floating crab processors participating in CR fisheries. Eligible community resident means, for purposes of the Crab QS program, any individual who: (1) Is a citizen of the United States; (2) Has maintained a domicile in the ECC, from which the individual re quests to lease crab IFQ, for at least 12 consecutive months immediately pre ceding the time when the assertion of residence is made and who is not claim ing residency in another community, state, territory, or country; and (3) Is otherwise eligible to receive crab QS or IFQ by transfer. Eligible crab community (ECC) means a community in which at least 3 percent of the initial allocation of processor quota share of any crab fishery is allo cated. The specific communities are: (1) CDQ Communities. (i) Akutan; (ii) False Pass; (iii) St. George; and (iv) St. Paul. (2) Non-CDQ Communities. (i) Unalaska/Dutch Harbor; (ii) Kodiak; (iii) King Cove; (iv) Port Moller; and (v) Adak. Eligible crab community (ECC) entity means a non-profit organization speci fied under § 680.41(j)(2) that is des ignated by the governing body of an ECC, other than Adak, to represent it for the purposes of engaging in the right of first refusal of transfer of crab PQS or IPQ outside the ECC under con tract provisions set forth under section 313(j) of the Magnuson-Stevens Act. For those ECCs that also are CDQ com munities, the ECC entity is the CDQ group to which the ECC is a member. Eligible crab community organization (ECCO) means a non-profit organiza tion that represents at least one ECC, as defined in this part, and that has been approved by the Regional Admin istrator to obtain by transfer and hold crab QS and to lease the resulting IFQ on behalf of an ECC. Ex-vessel value means: (1) For the shoreside processing sector. The total U.S. dollar amount of all compensation, monetary and non-mon etary, including any retroactive pay ments, received by a CR allocation holder for the purchase of any CR crab VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01008 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 999 Fishery Conservation and Management § 680.2 debited from the CR allocation de scribed in terms of raw crab pounds. (2) For the catcher/processor sector. The total U.S. dollar amount of CR crab landings as calculated by multiplying the number of raw crab pounds debited from the CR allocation by the appro priate CP standard price determined by the Regional Administrator. FCMA cooperative, for the purposes of this part 680, means a cooperative formed in accordance with the Fisher men’s Collective Marketing Act of 1934 (15 U.S.C. 521). Finished pounds means the total weight, in pounds, of processed prod uct, not including the container. Fishing trip for purposes of § 680.7(e)(2) means the period beginning when a ves sel operator commences harvesting crab in a crab QS fishery and ending when the vessel operator offloads or transfers any processed or unprocessed crab in that crab QS fishery from that vessel. IFQ account means the amount of crab IFQ in raw crab pounds that is held by a person at any particular time for a crab QS fishery, sector, region, and class. IFQ crab means crab species listed in Table 1 to this part subject to manage ment under the crab QS program. Individual processor quota (IPQ) means the annual amount of crab, in pounds, representing a specific portion of the TAC for a crab QS fishery, that may be received for processing by a person who is lawfully allocated PQS or IPQ. Initial processor quota share (PQS) pool means the total number of PQS units for each crab QS fishery which is the basis of initial PQS allocations. Initial quota share (QS) pool means the total number of non-processor QS units for each crab QS fishery which is the basis of initial QS allocations. IPQ account means the amount of crab IPQ in raw crab pounds that is held by a person at any particular time for a crab QS fishery and region. Landing means the transfer of raw crab harvested by a vessel prior to that crab being reported on a CR crab land ing report. (1) For catcher/processors, the amount of crab retained during a re porting period constitutes a landing. (2) For catcher vessels, the amount of crab removed from the boat at a single location/time constitutes a landing. Lease of QS/IFQ or PQS/IPQ means a temporary, annual transfer of crab IFQ or IPQ without the underlying QS or PQS. Leaseholder means, for purposes of the EDR, a person who: (1) Is identified as the leaseholder in a written lease of a catcher vessel, catcher/processor, shoreside crab proc essor, or stationary floating crab proc essor, or (2) Pays the expenses of a catcher vessel, catcher/processor, shoreside crab processor, or stationary floating crab processor, or (3) Claims expenses for the catcher vessel, catcher/processor, shoreside crab processor, or stationary floating crab processor as a business expense on schedule C of his/her Federal income tax return or on a state income tax re turn. Magnuson-Stevens Act means the Mag nuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C. 1801 et seq.). Mutual Agreement means, for purposes of the Arbitration System, the consent and agreement of Arbitration Organi zations that represent an amount of Arbitration QS equal to more than 50 percent of all the Arbitration QS in a fishery, and an amount of PQS equal to more than 50 percent of all the PQS in a fishery based upon the Annual Arbi tration Organization Reports. Newly constructed vessel means, for the purposes of initial QS issuance, a vessel on which the keel was laid by June 10, 2002. Official crab rationalization record means the information prepared by the Regional Administrator about the legal landings and legal processing by ves sels and persons in the BSAI crab fish eries during the qualifying periods specified at § 680.40. Processing, or to process means the preparation of, or to prepare, crab to render it suitable for human consump tion or storage. This includes, but is not limited to: Cooking, canning, butchering, sectioning, freezing or icing. Processor quota share (PQS) means a permit the face amount of which is VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01009 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 1000 50 CFR Ch. VI (10–1–22 Edition) § 680.3 used as the basis for the annual cal culation and allocation of IPQ. Raw crab pounds means the weight of raw crab in pounds when landed. Registered crab receiver (RCR) means a person holding an RCR Permit issued by the Regional Administrator. Retain means to fail to return crab to the sea after a reasonable opportunity to sort the catch. Right of First Refusal (ROFR) means the civil contract provisions set forth under section 313(j) of the Magnuson Stevens Act between the holders of PQS and IPQ and ECC entities, other than Adak, for the opportunity of ECCs to exercise the right to purchase or lease PQS or IPQ proposed to be trans ferred by a holder of PQS or IPQ in an ECC. Seafood Marketing Association Assess ment (SMAA) means the seafood proc essing assessment collected by proc essing firms and buyers from fishery harvesters for the State of Alaska. Share payment means an amount of monetary compensation (not salary or wages) based on gross or net earnings of a BSAI crab fishing vessel. Shoreside crab processor means any person or vessel that receives, pur chases, or arranges to purchase unproc essed crab, except a catcher/processor or a stationary floating crab processor. Sideboards (see § 680.22). Stationary floating crab processor (SFCP) means a vessel of the United States that remains anchored or other wise remains stationary while receiv ing or processing crab in the waters of the State of Alaska. Uncommitted IFQ means any Arbitra tion IFQ that is not Committed IFQ. Uncommitted IPQ means any IPQ that is not Committed IPQ. U.S. Citizen means: (1) Any individual who is a citizen of the United States; or (2) Any corporation, partnership, as sociation, or other entity that is orga nized under Federal, state, or local laws of the United States or that may legally operate in the United States. [70 FR 10241, Mar. 2, 2005, as amended at 73 FR 29982, May 23, 2008; 73 FR 35088, June 20, 2008; 73 FR 76189, Dec. 15, 2008; 74 FR 41095, Aug. 14, 2009; 77 FR 6503, Feb. 8, 2012; 82 FR 52014, Nov. 9, 2017] § 680.3 Relation to other laws. (a) King and Tanner crab. (1) Addi tional laws and regulations governing the conservation and management of king crab and Tanner crab in the BSAI area are contained in 50 CFR part 679, Alaska Statutes at A.S. 16, and Alaska Administrative Code at 5 AAC Chapters 34, 35, and 39. (2) The Alaska Administrative Code (at 5 AAC 39.130) governs reporting and permitting requirements using the ADF&G ‘‘Intent to Operate’’ registra tion form and ‘‘Fish Tickets.’’ (b) Sport, personal use, and subsistence. (1) For State of Alaska statutes and regulations governing sport and per sonal use crab fishing other than sub sistence fishing, see Alaska Statutes, Title 16—Fish and Game; 5 AAC Chap ters 47 through 77. (2) For State of Alaska statutes and regulations governing subsistence fish ing for crab, see Alaska Statutes, Title 16—Fish and Game; 5 AAC 02.001 through 02.625. § 680.4 Permits. (a) General information. Persons par ticipating in the CR fisheries are re quired to possess the permits described in this section. (1) Approval. Approval of applications under this part may be conditioned on the payment of fees under § 680.44 or the submission of an EDR as described under § 680.6. (2) Issuance. The Regional Adminis trator may issue or amend any permits under this section or under § 680.21 an nually or at other times as needed under this part. (3) Transfer. Crab QS and PQS per mits issued under § 680.40 and Crab IFQ and IPQ permits issued under this sec tion are transferable, as provided under § 680.41. Crab IFQ hired master permits, Federal crab vessel permits, and RCR permits issued under this section are not transferable. (4) Inspection. The holder of a Federal crab vessel permit, crab IFQ permit, crab IPQ permit, or crab IFQ hired master permit, must present a legible copy of the permit on request of any authorized officer or RCR receiving a crab IFQ landing. A legible copy of the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01010 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 1001 Fishery Conservation and Management § 680.4 RCR permit must be present at the lo cation of a crab IFQ landing and an in dividual representing the RCR must make the RCR permit available for in spection on request of any authorized officer. (b) Crab QS permit. (1) Crab QS is issued by the Regional Administrator to persons who qualify for an initial al location under § 680.40 or receive QS by transfer under § 680.41. Once issued, a crab QS permit is valid until modified under paragraph (b)(2) or (b)(3) of this section, or by transfer under § 680.41; or until the permit is revoked, suspended, or modified pursuant to § 679.43 of this chapter or under 15 CFR part 904. To qualify for a crab QS permit, the appli cant must be a U.S. citizen. (2) Each unit of Crab QS initially issued under § 680.40 for the Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be reissued as one unit of Eastern Bering Sea Tanner crab (EBT) QS and one unit of Western Bering Sea Tanner crab (WBT) QS. (3) A converted CPO QS permit is valid until the end of the crab fishing year for which the permit is issued. (c) Crab PQS permit. (1) Crab PQS is issued by the Regional Administrator to persons who successfully apply for an initial allocation under § 680.40 or receive PQS by transfer under § 680.41. Once issued, a crab PQS permit is valid until modified under paragraph (c)(2) of this section, or by transfer under § 680.41; or until the permit is revoked, suspended, or modified pursuant to § 679.43 of this chapter or under 15 CFR part 904. (2) Each unit of Crab PQS initially issued under § 680.40 for the Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be reissued as one unit of Eastern Bering Sea Tanner crab (EBT) PQS and one unit of Western Bering Sea Tanner crab (WBT) PQS. (d) Crab IFQ permit. (1) A crab IFQ permit authorizes the person identified on the permit to harvest crab in the fishery identified on the permit at any time the fishery is open during the crab fishing year for which the permit is issued, subject to conditions of the permit. A crab IFQ permit is valid under the following circumstances: (i) Until the end of the crab fishing year for which the permit is issued; (ii) Until the amount harvested is equal to the amount specified on the permit; (iii) Until the permit is modified by transfers under § 680.41; or (iv) Until the permit is revoked, sus pended, or modified pursuant to § 679.43 or under 15 CFR part 904. (2) A legible copy of the crab IFQ per mit must be carried on board the vessel used by the permitted person at all times that IFQ crab are retained on board. (3) On an annual basis, the Regional Administrator will issue a crab IFQ permit to a person who submits a com plete Application for Annual Crab Indi vidual Fishing Quota (IFQ) Permit, de scribed at paragraph (f) of this section, that is subsequently approved by the Regional Administrator. (4) To qualify for a crab IFQ permit, the applicant must be a U.S. Citizen. (e) Crab IPQ permit. (1) A crab IPQ permit authorizes the person identified on the permit to receive/process the IPQ crab identified on the permit dur ing the crab fishing year for which the permit is issued, subject to conditions of the permit. A crab IPQ permit is valid under the following cir cumstances: (i) Until the end of the crab fishing year for which the permit is issued; (ii) Until the amount received/proc essed is equal to the amount specified on the permit; (iii) Until the permit is modified by transfers under § 680.41; or (iv) Until the permit is revoked, sus pended, or modified pursuant to § 679.43 or under 15 CFR part 904. (2) A legible copy of the crab IPQ per mit authorizing receiving/processing of IFQ crab must be retained on the prem ises or vessel used by the permitted person to process the IFQ crab at all times that IFQ crab are retained on the premises or vessel. (3) On an annual basis, the Regional Administrator will issue a crab IPQ permit to a person who submits a com plete Application for Annual Crab Indi vidual Processing Quota (IPQ) Permit, described at paragraph (f) of this sec tion, that is subsequently approved by the Regional Administrator. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01011 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 1002 50 CFR Ch. VI (10–1–22 Edition) § 680.4 (f) Contents of annual applications for crab IFQ and IPQ permits. (1) A com plete application must be received by NMFS no later than June 15 (or post marked by this date, if sent via U.S. mail or a commercial carrier) for the upcoming crab fishing year for which a person is applying to receive IFQ or IPQ. If a complete application is not received by NMFS by this date, or postmarked by this date, the person will not receive IFQ or IPQ for the up coming crab fishing year. In the event that NMFS has not received a complete and timely application by June 15, NMFS will presume that the applica tion was timely filed if the applicant can provide NMFS with proof of timely filing. (2) For the application to be consid ered complete, all fees required by NMFS must be paid, and any EDR re quired under § 680.6 must be submitted to the DCA. In addition, the applicant must include the following informa tion: (i) Applicant information. Enter appli cant’s name and NMFS Person ID; ap plicant’s date of birth or, if a non-indi vidual, date of incorporation; appli cant’s social security number (op tional) or tax identification number; applicant’s permanent business mail ing address and any temporary mailing address the applicant wishes to use; and applicant’s business telephone number, facsimile number, and e-mail address. (ii) Crab IFQ or IPQ permit identifica tion. Indicate the type of crab IFQ or IPQ permit for which applicant is ap plying by QS fishery(ies) and indicate (YES or NO) whether applicant has joined a crab harvesting cooperative. If YES, enter the name of the crab har vesting cooperative(s) the applicant has joined for each crab fishery. (iii) Identification of ownership inter ests. If the applicant is not an indi vidual, provide the names of all per sons, to the individual level, holding an ownership interest in the entity and the percentage ownership each person and individual holds in the applicant. (iv) Certification of ROFR contract for crab IPQ permit. Indicate (YES or NO) whether any of the IPQ for which the applicant is applying to receive is sub ject to right of first refusal (ROFR). If YES certify (YES or NO) whether there is a ROFR contract currently in place between the applicant and the ECC en tity holding the ROFR for the IPQ that includes the required ROFR contract terms specified in Chapter 11 section 3.4.4.1.2 of the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs. (v) Documentation of affiliation. Com plete a documentation of affiliation de claring any and all affiliations, as the term ‘‘affiliation’’ is defined at § 680.2. A documentation of affiliation includes affirmations by the applicant per taining to relationships that may in volve direct or indirect ownership or control of the delivery of IFQ crab and any supplemental documentation deemed necessary by NMFS to deter mine whether an affiliation exists. In dicate whether any entity that holds PQS or IPQ is affiliated with the appli cant, as affiliation is defined in § 680.2. If the applicant is considered affiliated, the applicant must provide a list of all PQS or IPQ holders with which he/she is affiliated, including full name, busi ness mailing address, and business tele phone number. (vi) Certification of applicant. The ap plicant must sign and date the applica tion certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. Print the name of the applicant. If the appli cation is completed by an authorized representative, proof of authorization must accompany the application. (g) Crab IFQ hired master permit. (1) A crab IFQ hired master permit is issued on an annual basis and authorizes the individual identified on the permit to harvest and land IFQ crab for debit against the specified crab IFQ permit until the crab IFQ hired master permit expires or is revoked, suspended, or modified pursuant to § 679.43 or under 15 CFR part 904, or on request of the crab IFQ permit holder. (2) A legible copy of the crab IFQ hired master permit must be on board the vessel used by the hired master to harvest IFQ crab at all times IFQ crab are retained on board. Except as speci fied in § 680.42, an individual who is issued a crab IFQ hired master permit must remain aboard the vessel used to harvest IFQ crab, specified under that VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01012 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 1003 Fishery Conservation and Management § 680.4 permit, during the crab fishing trip and at the landing site until all crab har vested under that permit are offloaded and the landing report for IFQ crab is completed. (h) Contents of application for crab IFQ hired master permit. In order for the ap plication to be considered complete, a copy of the USCG Abstract Of Title or Certificate Of Documentation must be in cluded with this application to dem onstrate percent of vessel ownership by the IFQ permit holder. A complete ap plication for a crab IFQ hired master permit must include the following in formation: (1) Purpose of application. Indicate whether the application is to add or to delete a hired master and identifica tion of crab IFQ permit(s) for which this application is submitted. (2) IFQ permit holder information. Enter permit holder’s name, NMFS Person ID, and social security number (optional) or tax identification num ber; permit holder’s permanent or tem porary business mailing address; and permit holder’s business telephone number, facsimile number, and e-mail address (if available). (3) Identification of vessel upon which crab IFQ will be harvested. Enter the vessel’s name, ADF&G vessel registra tion number, and USCG documentation number. Indicate whether (YES or NO) the permit holder has at least a 10 per cent ownership interest in the vessel the crab IFQ hired master will use to fish permit holder’s IFQ crab. If YES, provide documentation of IFQ permit holder’s 10 percent ownership interest. (4) IFQ hired master permit holder in formation. Complete a separate section for each crab IFQ hired master. Enter the hired master’s name, NMFS Person ID, social security number (optional) or tax identification number, and date of birth; hired master’s permanent or temporary business mailing address; and hired master’s business telephone number, facsimile number, and e-mail address (if available). (5) Applicant certification. The appli cant must sign and date the applica tion certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. If the application is completed by an author ized representative, then authorization must accompany the application. (i) RCR permit. (1) An RCR permit is issued on an annual basis. An RCR per mit is valid during the crab fishing year for which it is issued until the RCR permit expires or is revoked, sus pended, or modified pursuant to § 679.43 or under 15 CFR part 904. (2) An RCR permit is required for any person who receives unprocessed CR crab from the person(s) who harvested the crab, the owner or operator of a vessel that processes CR crab at sea, any person holding IPQ, and any person required to submit a Departure Report under 50 CFR 679.5(l)(4). (j) Contents of application for RCR per mit. For the application to be consid ered complete, all fees required by NMFS must be paid, and any EDR re quired under § 680.6 must be submitted to the DCA. In addition, the applicant must include the following informa tion: (1) Purpose of application. Indicate whether the application is a request for a new RCR permit, a renewal of an ex isting RCR permit, or an amendment to an existing RCR permit. If a renewal of or amendment to an existing RCR permit, include the applicant’s RCR permit number. (2) Applicant identification. Enter ap plicant’s name and NMFS Person ID; applicant’s social security number or tax ID number (required); name of con tact person for the applicant, if appli cant is not an individual; applicant’s permanent business mailing address; and business telephone number, fac simile number, and e-mail address (if available). (3) Type of activity. Select type of re ceiving or processing activity and whether catcher/processor or shoreside processor. (4) Individual responsible for submission of EDR. Enter the name of the des ignated representative submitting the EDR on behalf of the RCR, if an EDR is required at § 680.6. If different from the RCR’s contact information, also enter the designated representative’s busi ness mailing address, telephone num ber, facsimile number, and e-mail ad dress (if available). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01013 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 1004 50 CFR Ch. VI (10–1–22 Edition) § 680.4 (5) Application certification. The appli cant must sign and date the applica tion certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. If the application is completed by an author ized representative, then proof of au thorization must accompany the appli cation. (k) Federal crab vessel permit. The owner of a vessel must have a Federal crab vessel permit on board that vessel when used to fish for CR crab. (1) A Federal crab vessel permit is issued on an annual basis to the owner of the vessel and is in effect from the date of issuance through the end of the crab fishing year for which the permit was issued, unless it is revoked, sus pended, or modified under § 600.735 or § 600.740. (2) A Federal crab vessel permit may not be surrendered at any time during the crab fishing year for which it was issued. (3) A Federal crab vessel permit issued under this paragraph is not transferable or assignable and is valid only for the vessel for which it is issued. (4) To qualify for a Federal crab ves sel permit, the applicant must be a U.S. Citizen. (5) The holder of a Federal crab ves sel permit must submit an amended ap plication for a Federal crab vessel per mit within 10 days of the date of change in: the ownership of the vessel (a copy of the current USCG docu mentation for the vessel showing the change in ownership must accompany the amended application), or the indi vidual responsible for submission of the EDR on behalf of the vessel’s owner(s). (l) Contents of application for federal crab vessel permit. For the application to be considered complete, all fees re quired by NMFS must be paid, and any EDR required under § 680.6 must be sub mitted to the DCA. Also, if ownership of the vessel has changed or if the per mit application for a vessel to which a Federal crab vessel permit has never been issued, a copy of the USCG Ab stract Of Title or Certificate Of Docu mentation. In addition the applicant must include the following informa tion: (1) Purpose of application. Indicate whether the application is a request for a new permit, a renewal of an existing permit, or an amendment to an exist ing permit. If a renewal of or amend ment to an existing permit, include the current Federal crab vessel permit number. (2) Contact owner information. The name(s), permanent business mailing address, social security number (vol untary) or tax ID number, business telephone number, business facsimile number, business e-mail address (if available) of all vessel owners, and the name of any person or company (other than the owner) that manages the op eration of the vessel. (3) Vessel information. Enter the ves sel’s name and home port (city and state); ADF&G processor code, if vessel is a catcher/processor or stationary floating crab processor; whether a ves sel of the United States; USCG docu mentation number; ADF&G vessel reg istration number; and vessel’s LOA (in feet), registered length (in feet), gross tonnage, net tonnage, and shaft horse power. Indicate all types of operations the vessel may conduct during a crab fishing year. (4) Designated representative for EDR. Enter the name of the designated rep resentative who is responsible for com pletion and submission of the EDR, and the representative’s business mailing address, telephone number, facsimile number, and e-mail address (if avail able). (5) Applicant certification. The appli cant must sign and date the applica tion certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. Print the applicant name. If the application is completed by an authorized rep resentative, then authorization must accompany the application. (m) Annual crab harvesting cooperative IFQ permit. See § 680.21. (n) Contents of annual application for converted CPO QS/IFQ permit. (1)(i) A complete application must be received by NMFS no later than June 15 (or postmarked by this date, if sent via U.S. mail or a commercial carrier) for the upcoming crab fishing year for VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01014 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 1005 Fishery Conservation and Management § 680.4 which a person or crab harvesting co operative is applying to receive con verted CPO QS and the IFQ derived from that converted CPO QS. If a com plete application is not received by NMFS by this date, or postmarked by this date, the person or crab harvesting cooperative will not receive converted CPO QS and the IFQ derived from that converted CPO QS for the upcoming crab fishing year. In the event that NMFS has not received a complete and timely application by June 15, NMFS will presume that the application was timely filed if the applicant can pro vide NMFS with proof of timely filing. (ii) To receive converted CPO QS/IFQ this application must be accompanied by a timely and complete application for crab IFQ/IPQ described at para graph (f) of this section or a timely and complete application for a crab har vesting cooperative IFQ permit de scribed at paragraph (m) of this sec tion. (2) For the application to be consid ered complete, all fees required by NMFS must be paid, and any EDR re quired under § 680.6 must be submitted to the DCA. In addition, the applicant must include the following information (see paragraphs (n)(2)(i) through (v) of this section): (i) Entity identification. Indicate the entity (Entity A, B, or C) described in § 680.40(c)(5)(ii) through (c)(5)(iv) for which you are applying to receive con verted CPO QS. (ii) Applicant information. Enter appli cant’s name and NMFS Person ID; ap plicant’s permanent business mailing address and any temporary mailing ad dress the applicant wishes to use; and applicant’s business telephone number, facsimile number, and e-mail address. (A) For Entity A or B: (1) Identify the amount of CVO QS in either the BBR or BSS crab QS fishery with a North Region designation for issuance as converted CPO QS; and (2) Identify the amount of PQS in ei ther the BBR or BSS crab QS fishery initially issued to you by NMFS with a North Region designation for issuance as converted CPO QS. (B) For Entity C: (1) Identify the amount of CVO QS in either the BBR or BSS crab QS fishery initially issued to you by NMFS with a North Region designation for issuance as converted CPO QS; and (2) Identify the amount of PQS in ei ther the BBR or BSS crab QS fishery with a North Region designation for issuance as converted CPO QS. (iii) Affiliate information for Entities A and B. (A) For Entities A and B de scribed in § 680.40(c)(5)(ii) and (c)(5)(iii), indicate the permanent business mail ing address and any temporary mailing address, business telephone number, facsimile number, and e-mail address of any person who is affiliated with you based on information provided in an annual application for IFQ/IPQ that is approved by the Regional Adminis trator for that crab fishing year (B) Indicate the amount of PQS in ei ther the BBR or BSS crab QS fishery initially issued to that person with a North Region designation for issuance as converted CPO QS. (C) Indicate the amount of CVO QS in either the BBR or BSS crab QS fishery with a North Region designation held by the affiliate for issuance as con verted CPO QS. (iv) Affiliate information for Entity C. (A) For Entity C described in § 680.40(c)(5)(iv), indicate the permanent business mailing address and any tem porary mailing address, business tele phone number, facsimile number, and e-mail address of any person who is af filiated with you based on information provided in an annual application for IFQ/IPQ that is approved by the Re gional Administrator for that crab fishing year. (B) Indicate the amount of PQS in ei ther the BBR or BSS crab QS fishery with a North Region designation for issuance as converted CPO QS. (C) Indicate the amount of CVO QS in either the BBR or BSS crab QS fishery initially issued to the affiliate with a North Region designation for issuance as converted CPO QS. (v) Certification of applicant and affili ates. The applicant and any persons who are affiliated with the applicant and named on the application must sign and date the application certifying that all information is true, correct, and complete to the best of his/her knowledge and belief. If the application VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01015 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 1006 50 CFR Ch. VI (10–1–22 Edition) § 680.4 is completed by an authorized rep resentative, proof of authorization must accompany the application. (o) Exemption from Western Aleutian Islands golden king crab West regional de livery requirements—(1) Request for an Annual Exemption from Western Aleutian Islands golden king crab West regional de livery requirements. The eligible con tract signatories (see qualifications at § 680.4(o)(2)(i)) may submit an applica tion to NMFS to request that NMFS exempt West designated IFQ and West designated IPQ for the Western Aleu tian Islands golden king crab (WAG) fishery from the West regional delivery requirements at § 680.7(a)(2) and (a)(4). All eligible contract signatories must submit one completed copy of the ap plication form. The application must be submitted to NMFS using one of the following methods: (i) Mail: Regional Administrator, c/o Restricted Access Management Pro gram, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; or (ii) Fax: 907–586–7354; or (iii) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, Juneau, AK 99801. (2) Application form. The application form is available on the NMFS Alaska region Web site (http:// alaskafisheries.noaa.gov) or from NMFS at the address in paragraph (o)(1)(i) of this section. All information fields on the application form must be accu rately completed, including— (i) Identification of eligible contract sig natories. Full name of each eligible con tract signatory; NMFS person ID; and appropriate information that docu ments the signatories meet the re quirements. If the application is com pleted by an individual who is the au thorized representative, then docu mentation demonstrating the author ization must accompany the applica tion. Eligible contract signatories are— (A) QS holders: Any person that holds in excess of 20 percent of the West des ignated WAG QS at the time the con tract was signed, or their authorized representative. (B) PQS holders: Any person that holds in excess of 20 percent of the West designated WAG PQS at the time the contract was signed, or their au thorized representative. (C) Municipalities: designated officials from both the City of Adak and the City of Atka or an authorized rep resentative. (ii) Affidavit affirming master contract has been signed. Each eligible contract signatory, as described in paragraph (o)(2)(i) of this section, must sign and date an Affidavit affirming that a mas ter contract has been signed to author ize the completion of the application to request that NMFS exempt West des ignated IFQ and West designated IPQ for the WAG fishery from the West re gional delivery requirements. The eli gible contract signatories must affirm on the Affidavit that all information is true, correct, and complete to the best of his or her knowledge and belief. (3) Effective date. A completed appli cation must be approved by NMFS be fore any person may use WAG IFQ or IPQ with a West regional designation outside of the West region during a crab fishing year. If approved, the ef fective date of the exemption is the date the application was approved by NMFS. Any delivery of WAG IFQ or IPQ with a West regional designation outside of the West region prior to the effective date of the exemption is pro hibited under § 680.7(a)(2) and (a)(4). (4) Duration. An exemption from West regional delivery requirements is only valid for the remainder of the crab fish ing year during which the application was approved by NMFS. The exemption expires at the end of the crab fishing year (June 30). (5) Approval. (i) NMFS will approve a completed application for the exemp tion from Western Aleutian Islands golden king crab West regional deliv ery requirements if all eligible con tract signatories meet the require ments specified in paragraph (o)(2)(i) of this section. (ii) The Regional Administrator will not consider an application to have been received if the applicant cannot provide objective written evidence that NMFS Alaska Region received it. (iii) NMFS approval of an annual ex emption from the Western Aleutian Is lands golden king crab West regional delivery requirements will be made VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01016 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 1007 Fishery Conservation and Management § 680.4 publicly available at the NMFS Web site at http://alaskafisheries.noaa.gov. (p) Exemption from regional delivery re quirements for the Bristol Bay red king crab, Bering Sea snow crab, St. Matthew blue king crab, Eastern Aleutian Islands golden king crab, Western Aleutian Is lands red king crab, and Pribilof red king and blue king crab fisheries—(1) Apply for an Exemption. Eligible applicants may submit an application to exempt North Region IFQ and IPQ or South Region IFQ and IPQ from the prohibitions at §§ 680.7(a)(2) and (a)(4). (2) Identification of eligible applicants. Eligible applicants are: (i) IFQ holders. Any person holding regionally designated IFQ for Bristol Bay red king crab, Bering Sea snow crab, St. Matthew blue king crab, East ern Aleutian Islands golden king crab, Western Aleutian Islands red king crab, or Pribilof red king and blue king crab, or their authorized representa tive. (ii) IPQ holders. Any person holding regionally designated IPQ for Bristol Bay red king crab, Bering Sea snow crab, St. Matthew blue king crab, East ern Aleutian Islands golden king crab, Western Aleutian Islands red king crab, or Pribilof red king and blue king crab, or their authorized representa tive. (iii) Community representatives. (A) For communities that hold or formerly held the ROFR pursuant to § 679.41(l), the community representative that signs the preseason application, the framework agreement, the inseason no tice, and the exemption contract is the ECC entity, as defined at § 680.2. (B) For North Region St. Matthew blue king crab PQS and North Region Bering Sea snow crab PQS that was issued without a ROFR, the commu nity representative that signs the pre season application, the framework agreement, the inseason notice, and the exemption contract for Saint Paul and Saint George shall be either: (1) Both Aleutian Pribilof Islands Community Development Association (APICDA) and the Central Bering Sea Fishermen’s Association (CBSFA), or (2) the community representative that APICDA and CBSFA designate in writing to NMFS by December 9, 2013. (i) Either APICDA or CBSFA may re voke the designated community rep resentative by providing written notice to the other entity and to NMFS. (ii) If either APICDA or CBSFA re vokes its designation of a community representative after October 15 of a crab fishing year, the revocation will not affect the validity of any action taken by the designated community representative pursuant to paragraph (p) for that crab fishing year, including signing the preseason application, the framework agreement, the inseason no tice, and the exemption contract. (3) Required Applicants. Multiple par ties may apply for an exemption; how ever, a complete preseason application and a complete inseason notice must be submitted by a minimum of one Class A IFQ holder, one IPQ holder, and one community representative. (4) Application for an Exemption from the CR Program Regional Delivery Re quirements—(i) Application Form. The application form consists of two parts: a preseason application for exemption and an inseason notice of exemption. The application form is available on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov) or from NMFS at the address below. NMFS must receive both parts of the applica tion form by one of the following meth ods: (A) Mail: NMFS Regional Adminis trator, c/o Restricted Access Manage ment Program, P.O. Box 21668, Juneau, AK 99802–1668; or (B) Fax: 907–586–7354; or (C) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, Juneau, AK 99801. (ii) Part I: Preseason Application. (A) A complete preseason application must be signed by the required applicants specified in paragraph (p)(3), contain the information specified on the form, have all applicable fields accurately completed, and have all required docu mentation attached. (B) Each applicant must certify, through an affidavit, that the appli cant has entered into a framework agreement that— (1) Specifies the CR crab fisheries that are the subject of the framework agreement; VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01017 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 1008 50 CFR Ch. VI (10–1–22 Edition) § 680.4 (2) Specifies the actions that the par ties will take to reduce the need for, and amount of, an exemption; (3) Specifies the circumstances that could be an obstacle to delivery or processing under which the parties would execute an exemption contract and receive an exemption; (4) Specifies the actions that the par ties would take to mitigate the effects of an exemption; (5) Specifies the compensation, if any, that any party would provide to any other party; (6) Specifies any arrangements for compensatory deliveries in that crab fishing year or the following crab fish ing year and; (7) Is signed by the holders of the IFQ and IPQ that are the subject of the framework agreement and by the com munity representative that is author ized to sign the framework agreement. (C) Each applicant must sign and date the affidavit and affirm that, under penalty of perjury, the informa tion and the claims provided on the ap plication are true, correct, and com plete. (D) NMFS must receive the preseason application on or before October 15 of the crab fishing year for which the ap plicants are applying for an exemption. (1) If a preseason application is sub mitted by mail, the date of receipt of the preseason application by NMFS will be the postmark date of the appli cation; (2) If an applicant disputes whether NMFS received a preseason application on or before October 15, the applicant must provide written documentation that was contemporaneous with NMFS’ receipt of the application dem onstrating that NMFS received the ap plication by October 15. (E) If NMFS does not receive a time ly and complete preseason application on or before October 15 of a crab fishing year, NMFS will deny the preseason application; those applicants will not be able to receive an exemption for that crab fishing year. (F) If a preseason application is time ly and complete, NMFS will approve the application. If NMFS approves a preseason application for an exemp tion, the applicants will be able to re ceive an exemption during the crab fishing year if the applicants comply with the requirements for an inseason notice of exemption specified below at paragraph (p)(4)(iii). (G) If NMFS denies a preseason appli cation for any reason, the applicants may appeal the denial pursuant to 50 CFR 679.43. (H) NMFS will notify all of the appli cants whether NMFS has approved or denied the preseason application. (iii) Part II: Inseason Notice of Exemp tion. (A) A complete inseason notice must: (1) Identify the IFQ amount and IPQ amount, by CR crab fishery, subject to the exemption; (2) Contain the information specified on the form, have all applicable fields accurately completed, and have all re quired documentation attached; and (3) Be signed by the required appli cants specified in paragraph (p)(3) of this section that also signed the pre season application. (B) Each applicant must certify, through an affidavit, that the appli cants have entered into an exemption contract that— (1) Identifies the IFQ amount and IPQ amount, by CR crab fishery, that is subject to the exemption contract; (2) Describes the circumstances under which the exemption is being exer cised; (3) Specifies the action that the par ties must take to mitigate the effects of the exemption; (4) Specifies the compensation, if any, that any party must make to any other party; (5) Specifies any arrangements for compensatory deliveries in that crab fishing year or the following crab fish ing year; and (6) Is signed by the holders of the IFQ and IPQ that are the subject of the ex emption contract and by the commu nity representative that is authorized to sign the exemption contract. (C) Each applicant must sign and date the affidavit and affirm that, under penalty of perjury, the informa tion and the claims provided on the no tice are true, correct, and complete. (D) NMFS must receive the inseason notice at least one day prior to the day on which the applicants want the ex emption to take effect. If an inseason VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01018 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 1009 Fishery Conservation and Management § 680.4 notice is submitted by mail, the date that NMFS receives the inseason no tice is not the postmark date of the no tice. (E) The effective date of the exemp tion is the day after NMFS receives a complete inseason notice. Any delivery of North Region IFQ or South Region IFQ outside the designated region prior to the effective date of the exemption is prohibited under § 680.7(a)(2) and (4). Any processing of North Region IPQ or South Region IPQ outside the des ignated region prior to the effective date of the exemption is prohibited under § 680.7(a)(2) and (4). (F) An exemption is effective for the remainder of the crab fishing year, un less the inseason notice of exemption specifies that compensatory deliveries will occur in the following crab fishing year and then the exemption will re main in effect for the IFQ and IPQ specified for compensatory delivery in the following crab fishing year. (5) Regional Delivery Exemption Report. (i) Each IFQ holder that signs a pre season application, described in para graph (p)(4)(ii) of this section, must submit a Regional Delivery Exemption Report to NMFS that includes an ex planation of— (A) The amount of IFQ, if any, set aside to reduce the need for, and the amount of, an exemption; (B) The mitigation measures em ployed before submitting an inseason notice; (C) The number of times an exemp tion was requested and used; (D) The arrangements for any com pensatory deliveries, including all com pensatory deliveries made during the crab fishing year and any outstanding compensatory delivery obligations for the following crab fishing year; (E) Whether the exemption was nec essary; and (F) Any impacts resulting from the exemption on the fishery participants and communities that signed the pre season application. (ii) On or before July 15, IFQ holders must submit a copy of the Regional De livery Exemption Report to the IPQ holders and community representatives that also signed the preseason applica tion. (iii) On or before July 30, IFQ holders must submit the Regional Delivery Ex emption Report to NMFS at the ad dress in paragraph (p)(4)(i) of this sec tion. (6) Public Notice of the Exemption. NMFS will post the effective date of an exemption and the Regional Delivery Exemption Reports on the NMFS Alas ka Region Web site (http:// alaskafisheries.noaa.gov). (q) Initial administrative determination (IAD). The Regional Administrator will prepare and send an IAD to the appli cant following the expiration of the 30 day evidentiary period if the Regional Administrator determines that the in formation or evidence provided by the applicant fails to support the appli cant’s claims and is insufficient to es tablish that the applicant meets the re quirements, or if the additional infor mation, evidence, or revised applica tion is not provided within the time pe riod specified in the letter that notifies the applicant of his or her 30-day evi dentiary period. The IAD will indicate the deficiencies in the application, in cluding any deficiencies with the infor mation, the evidence submitted in sup port of the information, or the revised application. The IAD will also indicate which claims cannot be approved based on the available information or evi dence. An applicant who receives an IAD may appeal under the appeals pro cedures set forth at 15 CFR part 906. If an applicant appeals an IAD denying an Application for Annual Crab IFQ, IPQ, or harvesting Cooperative IFQ Permit because the application was not timely filed, the appeal must be filed within 30 days after the date the IAD is issued. An applicant who avails himself or herself of the opportunity to appeal an IAD will not receive crab IFQ or IPQ until after the final resolution of that appeal in the applicant’s favor. [70 FR 10241, Mar. 2, 2005, as amended at 71 FR 32864, June 7, 2006; 73 FR 29982, May 23, 2008; 73 FR 76189, Dec. 15, 2008; 76 FR 35785, June 20, 2011; 78 FR 28529, May 15, 2013; 80 FR 15896, Mar. 26, 2015; 81 FR 1561, Jan. 13, 2016] VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01019 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 1010 50 CFR Ch. VI (10–1–22 Edition) § 680.5 § 680.5 Recordkeeping and reporting (R&R). (a) General requirements—(1) Recording and reporting crab. Any CR crab har vested that is retained must be re corded and reported. (2) Responsibility. (i) The participants in the CR fisheries are responsible for complying with the following R&R re quirements: Recordkeeping and reporting report Person responsible Reference (A) Longline and pot gear catcher vessel daily fish ing logbook. Owner and operator of vessel ................................... § 679.5(c)(1). (B) Longline and pot gear catcher/processor daily cumulative production logbook. Owner and operator of vessel ................................... § 679.5(c)(1). (C) Product Transfer Report (PTR) ............................ Owner and operator of catcher/processor; Owner and manager of shoreside processor or SFCP; RCR. § 679.5(g). (D) U.S. Vessel Activity Report (VAR) ....................... Owner and operator of vessel ................................... § 679.5(k). (E) Transhipment Authorization .................................. Owner and operator of a catcher/processor; RCR .... § 679.5(l)(3). (F) IFQ Departure Report ........................................... Owner and operator of vessel ................................... § 679.5(l)(4). (G) CR Crab Landing Report ..................................... RCR ............................................................................ § 679.5(e) (H) [Reserved] ............................................................ ................................................................................ (I) Eligible Crab Community Organization (ECCO) Annual Report for an Eligible Crab Community (ECC). ECCO ......................................................................... § 680.5(f). (J) RCR Fee Submission Form .................................. RCR ............................................................................ § 680.5(g). (K) Crab Economic Data Report (EDR) ..................... Owners or leaseholders of a catcher vessel, catcher/ processor, shoreside processor, or SFCP. § 680.6. (L) CR RCR Ex vessel Volume and Value Report .... RCR ............................................................................ § 680.5(m) (3) Representative. Designation of a representative to complete R&R re quirements does not relieve the per son(s) responsible for compliance from ensuring compliance with this section. (4) Submittal of information. A person must submit to NMFS all information, records, and reports required in this section in English and in a legible, timely, and accurate manner, based on A.l.t.; if handwritten or typed, in indel ible ink. (5) Alteration of records. A person may not alter or change any entry or record submitted to NMFS, except that an in accurate, incomplete, or incorrect entry or record may be corrected after notifying the Regional Administrator at the address and facsimile number listed on each form, or as provided the opportunity on the Internet. (6) Inspection of records. A person re sponsible for R&R under paragraph (a)(2) of this section must make avail able for inspection all reports, forms, scale receipts, and CR crab landing re port receipts upon the request of an au thorized officer for the time periods in dicated in paragraph (a)(7) of this sec tion. (7) Retention of records. A person re sponsible for R&R under paragraph (a)(2) of this section must retain all re ports and receipts as follows: (i) On site. Until the end of the crab fishing year during which the records were made and for as long thereafter as crab or crab products recorded in the records are retained onboard the vessel or on site at the facility; and (ii) For 3 years. For 3 years after the end of the crab fishing year during which the records were made. (8) Landing verification and inspection. Each CR crab landing and all crab re tained on board the vessel making a CR crab landing are subject to verification and inspection by authorized officers. (9) Sampling. Each CR crab landing and all crab retained onboard a vessel making a CR crab landing are subject to sampling by authorized officers and observers. (b) IFQ crab landings—(1) Landing re ports. See § 679.5(e) of this chapter. (2) Properly debited landing. All landed crab catch must be weighed, reported, and debited from the appropriate IFQ account under which the catch was harvested, and IPQ account under which it was received, as appropriate (see § 679.5(e) of this chapter). (c)–(e) [Reserved] (f) ECCO Annual Report. (1) Annually by June 30, each ECCO must submit a complete annual report on its crab QS VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01020 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 1011 Fishery Conservation and Management § 680.5 activity for the prior crab fishing year for each ECC represented by the ECCO. The ECCO must submit a copy of the annual report to the governing body of each community represented by the ECCO and to the Regional Adminis trator, NMFS, Alaska Region; P.O. Box 21668; Juneau, AK 99802. (2) Contents of ECCO Annual Report. A complete annual report must include the following information for the crab IFQ derived from the QS held by the ECCO: (i) Name, ADF&G vessel registration number, USCG documentation number, and Federal crab vessel permit of each vessel from which the crab IFQ was harvested; (ii) Name and business addresses of individuals employed as crew members when fishing the crab IFQ; (iii) Criteria used by the ECCO to dis tribute crab IFQ leases among eligible community residents; (iv) Description of efforts made to en sure that crab IFQ lessees employ crew members who are eligible community residents of the ECC aboard vessels on which crab IFQ derived from QS held by a ECCO is being fished; (v) Description of the process used to solicit lease applications from eligible community residents of the ECC on whose behalf the ECCO is holding QS; (vi) Names and business addresses and amount of crab IFQ requested by each individual applying to receive crab IFQ from the ECCO; (vii) Any changes in the bylaws of the ECCO, board of directors, or other key management personnel; (viii) Copies of minutes, bylaw changes, motions, and other relevant decision making documents from ECCO board meetings. (g) RCR fee submission form (See § 680.44). (1) Applicability. An RCR or the RCR’s authorized representative, who receives any CR crab pursuant to § 680.44 must submit to NMFS online a complete RCR fee form as instructed on the form at NMFS Alaska Region website at http:// alaskafisheries.noaa.gov. (2) Due date and submittal. The report ing period of the RCR fee submission shall be the crab fishing year. An RCR must submit any crab cost recovery fee liability payment(s) and the RCR fee submission form to NMFS online not later than July 31 following the crab fishing year in which the CR crab land ings were made. (3) Required information. An RCR must accurately record on the RCR fee submission form the following informa tion: (i) Identification of the RCR. Enter the printed full name, NMFS person ID, RCR permit number, social security number or Federal tax identification number of the RCR. Enter the perma nent or temporary business mailing ad dress (indicate whether permanent or temporary), and the business telephone number, facsimile number, and e-mail address (if available). (ii) Signature of applicant. Enter printed name and signature of appli cant and date signed. If authorized rep resentative, attach authorization to application. (h) Product transfer report. (See § 679.5(g).) (i) U.S. Vessel activity report (VAR). (See § 679.5(k).) (j) Transshipment authorization. (See § 679.5(l)(3).) (k) IFQ departure report. (See § 679.5(l)(4).) (l) Catcher vessel longline and pot daily fishing logbook (DFL) and catcher/proc essor daily cumulative production logbook (DCPL). (See § 679.5 (c)). (m) CR Registered Crab Receiver (RCR) Ex-vessel Volume and Value Report—(1) Applicability. An RCR that also oper ates as a shoreside processor or sta tionary floating crab processor and re ceives and purchases landings of CR crab must submit annually to NMFS a complete CR RCR Ex-vessel Volume and Value Report, as described in this paragraph (m), for each reporting pe riod in which the RCR receives CR crab. (2) Reporting period. The reporting pe riod of the CR RCR Ex-vessel Volume and Value Report shall extend from August 1 through May 31 of the fol lowing year, inclusive. (3) Due date. A complete CR RCR Ex vessel Volume and Value Report must be received by the Regional Adminis trator no later than May 31 of the re porting period in which the RCR re ceived CR crab. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01021 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 1012 50 CFR Ch. VI (10–1–22 Edition) § 680.6 (4) Information required. The RCR must log in to http:// alaskafisheries.noaa.gov using the RCR’s password and NMFS person ID to sub mit a CR RCR Ex-vessel Volume and Value Report. The NMFS software autofills the RCR name. The User must review the autofilled cells to ensure that they are accurate. The RCR must enter the information in paragraphs (m)(4)(i) through (iv) of this section for a complete CR RCR Ex-vessel Volume and Value Report for priced crab deliv ered raw: (i) RCR identification. (A) RCR permit number. (B) Landing month. (C) Port (location of facility or ves sel). (ii) CR crab program (e.g., IFQ, CDQ, ADAK). (iii) CR crab pounds purchased and ex vessel value. Enter for each program, fishery, species, and month. (A) Pounds purchased. The total CR crab pounds purchased by fishery and species for each month. (B) Ex-vessel value paid. The total gross ex-vessel value paid for raw CR crab pounds before any deductions are made for goods and services provided to the CR crab harvesters. The gross value includes all value paid in any form (e.g., dollars, goods, services, bait, ice, fuel, repairs, machinery replace ment, etc.), and any retro payments paid for crab in paragraph (m)(4)(iii)(A) of this section. (iv) Certification. By using the RCR NMFS ID and password and submitting the report, the RCR certifies that all information is true, correct, and com plete to the best of his or her knowl edge and belief. (5) Submittal. The RCR must complete and submit online by electronic sub mission to NMFS the CR Registered Crab Receiver Ex-vessel Volume and Value Report available at https:// alaskafisheries.noaa.gov. [70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, Dec. 20, 2005; 73 FR 76189, Dec. 15, 2008; 74 FR 51519, Oct. 7, 2009; 75 FR 56486, Sept. 16, 2010; 80 FR 15897, Mar. 26, 2015; 81 FR 23649, Apr. 22, 2016] § 680.6 Crab economic data report (EDR). (a) Requirements. (1) Any owner or leaseholder of a vessel or processing plant, or a holder of a registered crab receiver permit that harvested, proc essed, custom processed, or obtained custom processing for CR crab, during a calendar year, must submit a com plete Economic Data Report (EDR) by following the instructions on the appli cable EDR form. (2) A completed EDR or EDR certifi cation pages must be submitted to the DCA for each calendar year on or be fore 1700 hours, A.l.t., July 31 of the fol lowing year. (3) Annual EDR forms for catcher vessels, catcher/processors, shoreside crab processors, and stationary float ing crab processors are available on the NMFS Alaska Region Web site at http:// alaskafisheries.noaa.gov or the Pacific States Marine Fisheries Commission (PSMFC) Alaska Crab Rational Pro gram Web site at www.psmfc.org/alas ka crab/, or by contacting NMFS at 1– 800–304–4846. (b) EDR certification pages. Any per son required to submit an annual EDR under paragraph (a) of this section must submit the EDR certification pages as either: (1) Part of the entire EDR. Persons submitting the completed EDR certifi cation pages as part of the entire EDR must attest to the accuracy and com pletion of the EDR by signing and dat ing the certification pages; or (2) A separate document. Persons sub mitting the completed EDR certifi cation pages only must attest that they meet the conditions exempting them from submitting the entire EDR, by signing and dating the certification pages. (c) Annual catcher vessel crab EDR— Any owner or leaseholder of a catcher vessel that landed CR crab in the pre vious calendar year must submit to the DCA, electronically or at the address provided on the form, a completed catcher vessel EDR for annual data for the previous calendar year. (d) Annual catcher/processor crab EDR—Any owner or leaseholder of a catcher/processor that harvested or processed CR crab in the previous cal endar year must submit to the DCA, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01022 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 1013 Fishery Conservation and Management § 680.7 electronically or at the address pro vided on the form, a completed catcher/ processor EDR for annual data for the previous calendar year. (e) Annual stationary floating crab processor (SFCP) and shoreside crab proc essor EDR—(1) Any owner or lease holder of an SFCP or a shoreside crab processor that processed CR crab, in cluding custom processing of CR crab performed for other crab buyers, in the previous calendar year must submit to the DCA, electronically or at the ad dress provided on the form, a com pleted processor EDR for annual data for the previous calendar year. (2) Any holder of a registered crab re ceiver (RCR) permit that obtained cus tom processing for CR Program crab in the previous calendar year must sub mit to the DCA, electronically or at the address provided on the form, a completed processor EDR for annual data for the previous calendar year. (f) Verification of data. (1) The DCA shall conduct verification of informa tion with the owner or leaseholder. (2) The owner or leaseholder must re spond to inquiries by the DCA within 20 days of the date of issuance of the in quiry. (3) The owner or leaseholder must provide copies of additional data to fa cilitate verification by the DCA. The DCA auditor may review and request copies of additional data provided by the owner or leaseholder, including but not limited to previously audited or re viewed financial statements, work sheets, tax returns, invoices, receipts, and other original documents substan tiating the data. (g) DCA authorization. The DCA is au thorized to request voluntary submis sion of economic data specified in this section from persons who are not re quired to submit an EDR under this section. [78 FR 36127, June 17, 2013] § 680.7 Prohibitions. In addition to the general prohibi tions specified in § 600.725 of this chap ter, it is unlawful for any person to do any of the following: (a) Receiving and processing CR crab. (1) Process any CR crab that has not been weighed by an RCR on: (i) A scale approved by the State in which the RCR is located and that meets the requirements described in § 680.23(f); or (ii) Onboard a catcher/processor RCR on a scale approved by NMFS as de scribed in § 680.23(e). (2) Receive CR crab harvested under an IFQ permit in any region other than the region for which the IFQ permit is designated, unless: (i) Western Aleutian Islands golden king crab are received following the ef fective date of a NMFS-approved ex emption pursuant to § 680.4(o), or (ii) The IFQ permit and IFQ amount are subject to an exemption pursuant to § 680.4(p). (3) Use IPQ on board a vessel outside of the territorial sea or internal waters of the State of Alaska. (4) Use IPQ in any region other than the region for which the IPQ permit is designated, unless: (i) Western Aleutian Islands golden king crab IPQ is used following the ef fective date of a NMFS-approved ex emption pursuant to § 680.4(o), or (ii) The IPQ permit and IPQ amount are subject to an exemption pursuant to § 680.4(p). (5) Receive any crab harvested under a Class A IFQ permit in excess of the total amount of unused IPQ held by the RCR in a crab QS fishery unless that RCR subsequently receives unused IPQ by transfer as described under § 680.41 that is at least equal to the amount of all Class A IFQ received by that RCR in that crab QS fishery before the end of the crab fishing year for which an IPQ permit was issued. (6) Receive crab harvested under a Class B IFQ permit on a vessel if that vessel was used to harvest and process any crab in that crab QS fishery during the same crab fishing season. (7) For an IPQ holder to use more IPQ than the maximum amount of IPQ that may be held by that person. Use of IPQ includes all IPQ held by that per son, and all IPQ crab that are received by any RCR at any shoreside crab proc essor or stationary floating crab proc essor in which that IPQ holder has a 10 percent or greater direct or indirect ownership interest, unless that IPQ crab meets the requirements in § 680.42(b)(7) or § 680.42(b)(8). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01023 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 1014 50 CFR Ch. VI (10–1–22 Edition) § 680.7 (8) For a shoreside crab processor or stationary floating crab processor, that does not have at least one owner with a 10 percent or greater direct or indi rect ownership interest who also holds IPQ in that crab QS fishery, to receive in excess of 30 percent of the IPQ issued for that crab fishery, unless that IPQ meets the requirements described in § 680.42(b)(7) or § 680.42(b)(8). (9) For any shoreside crab processor or stationary floating crab processor east of 174 degrees west longitude to use more than 60 percent of the IPQ issued in the EAG or WAI crab QS fish eries, unless that IPQ meets the re quirements described in § 680.42(b)(8). (b) Landing CR crab. (1) Remove re tained and unprocessed CR crab from a vessel at any location other than to an RCR operating under an approved catch monitoring plan as described in § 680.23(g) unless that crab is accom panied by a signed landing receipt showing the crab was properly landed. (2) Remove any CR crab processed at sea from any vessel before completing a landing report, as defined at § 680.5(c), for all such CR crab onboard. (3) Fail to remove all processed crab harvested under a CPO or a CPC IFQ permit to an onshore location within the United States, accessible by road or regularly scheduled air service, and to weigh that crab product on a scale approved by the State in which the crab is weighed. (4) Make an IFQ crab landing except by an individual who holds either a crab IFQ permit or a crab IFQ hired master permit issued under § 680.4 in his or her name. (5) Make an IFQ crab landing without the following on board: a copy of the crab IFQ permit to be debited for the landing; and, if applicable, a copy of the crab IFQ hired master permit issued under § 680.4 in the name of the person making the landing. (6) For a Crab IFQ hired master to make an IFQ crab landing on any ves sel other than the vessel named on the Crab IFQ hired master permit. (c) Harvest crab. (1) Harvest any CR crab with any vessel not named on a valid Federal crab vessel permit. (2) Harvest CR crab with any vessel that does not use functioning VMS equipment as required by § 680.23. (3) Harvest on any vessel more IFQ crab than are authorized under § 680.42. (4) Harvest crab under a CVC or a CPC IFQ permit unless the person named on the IFQ permit is on board that vessel. (5) Harvest crab under a CPO or CPC permit unless all scales used to weigh crab, or used by an observer for sam pling crab, have passed an inseason scale test according to § 680.23(e)(1). (6) For any person who is not an enti ty defined in § 680.40(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) to: (i) Hold converted CPO QS. (ii) Use the CPO IFQ derived from that converted CPO QS outside of a crab harvesting cooperative. (d) Recordkeeping and reporting. (1) Fail to submit information on any re port, application, or statement re quired under this part. (2) Submit false information on any report, application, or statement re quired under this part. (e) Permits. (1) Retain IFQ crab with out a legible copy of a valid crab IFQ permit for that fishery on board the vessel. (2) Begin a fishing trip for crab in a crab QS fishery with a vessel if the total amount of unharvested crab IFQ that is currently held in the IFQ ac counts of all crab IFQ permit holders or Crab IFQ Hired Masters aboard that vessel in that crab QS fishery is zero or less. (3) Have a negative balance in an IFQ or IPQ account for a crab QS fishery after the end of the crab fishing year for which an IFQ or IPQ permit was issued. (f) IPQ. Use IPQ as collateral or oth erwise leverage IPQ to acquire an own ership interest in Class B IFQ. (g) General. (1) Possess, buy, sell, or transport any crab harvested or landed in violation of any provision of this part. (2) Violate any other provision under this part. (h) Inseason action. Conduct any fish ing contrary to notification of inseason VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01024 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 1015 Fishery Conservation and Management § 680.20 action closure, or adjustment issued under § 680.22. [70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 73 FR 29982, May 23, 2008; 73 FR 76190, Dec. 15, 2008; 74 FR 25457, May 28, 2009; 74 FR 41095, Aug. 14, 2009; 76 FR 35786, June 20, 2011; 78 FR 28531, May 15, 2013; 81 FR 24518, Apr. 26, 2016; 85 FR 72583, Nov. 13, 2020] § 680.8 Facilitation of enforcement. See § 600.730 of this chapter. § 680.9 Penalties. (a) Any person committing, or a fish ing vessel used in the commission of, a violation of the Magnuson-Stevens Act, or any regulation issued under the Magnuson-Stevens Act, is subject to the civil and criminal penalty provi sions, permit sanctions, and civil for feiture provisions of the Magnuson-Ste vens Act, to part 600 of this chapter, to 15 CFR part 904 (Civil Procedures), and to other applicable law. Penalties in clude but are not limited to permanent or temporary sanctions to PQS, QS, IPQ, IFQ, Crab IFQ hired master, Fed eral crab vessel permit, or RCR per mits. (b) In the event a holder of any IPQ is found by a court of competent juris diction, either in an original action in that court or in a proceeding to enforce or review the findings or orders of any Government agency having jurisdiction under the antitrust laws, to have vio lated any of the provisions of antitrust laws in the conduct of the licensed ac tivity, the Secretary of Commerce may revoke all or a portion of such IPQ. The antitrust laws of the United States include, but are not limited to, the fol lowing Acts: (1) The Sherman Act, 15 U.S.C. 1–7; (2) The Wilson Tariff Act, 15 U.S.C. 8– 11; (3) The Clayton Act, 15 U.S.C. 12–27; and (4) The Federal Trade Commission Act, 15 U.S.C. 12 and 45(a). Subpart B—Management Measures § 680.20 Arbitration System. (a) Applicability—(1) Arbitration Sys tem. All CVO QS, Arbitration IFQ, Class A IFQ holders, PQS and IPQ hold ers must enter the contracts as pre scribed in this section that establish the Arbitration System. Certain parts of the Arbitration System are vol untary for some parties, as specified in this section. All contract provisions will be enforced by parties to those contracts. (2) Open negotiation. Any holder of uncommitted IFQ may negotiate with any holder of uncommitted IPQ, the price and delivery terms for that sea son or for future seasons for any un committed IFQ and uncommitted IPQ. Uncommitted IFQ holders and uncom mitted IPQ holders may freely contact each other and initiate open negotia tions. (3) Document submittal information. Submit documents and reports to NMFS as follows: by mail to the Re gional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802; by courier to NMFS, 709 West 9th Street, Juneau, AK 99801; or by fax to 907–586–7465. (b) Eligibility for Arbitration System— (1) Arbitration Organization. The fol lowing persons are the only persons eli gible to join an Arbitration Organiza tion: (i) Holders of CVO QS, (ii) Holders of PQS, (iii) Holders of Arbitration IFQ, (iv) Holders of Class A IFQ affiliated with a PQS or IPQ holder, and (v) Holders of IPQ. (2) Persons eligible to use negotiation and Binding Arbitration procedures. The following persons are the only persons eligible to enter contracts with a Con tract Arbitrator to use the negotiation and Binding Arbitration procedures de scribed in paragraph (h) of this section to resolve price and delivery disputes or negotiate remaining contract terms not previously agreed to by IFQ and IPQ holders under other negotiation approaches: (i) Holders of Arbitration IFQ, and (ii) Holders of IPQ. (3) Persons ineligible to use negotiation and Binding Arbitration procedures. Holders of IFQ that are affiliated with holders of PQS or IPQ are ineligible to enter contracts with a Contract Arbi trator to use the negotiation and Bind ing Arbitration procedures described in paragraph (h) of this section to resolve price and delivery disputes or negotiate VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01025 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 1016 50 CFR Ch. VI (10–1–22 Edition) § 680.20 remaining contract terms not pre viously agreed to by IFQ and IPQ hold ers under other negotiation ap proaches. (c) Preseason requirements for joining an Arbitration Organization. All holders of CVO QS, PQS, Arbitration IFQ, Class A IFQ affiliated with a PQS or IPQ holder, and IPQ must join and maintain a membership in an Arbitra tion Organization as specified in para graph (d) of this section. All holders of QS, PQS, IFQ, or IPQ identified in the preceding sentence must join an Arbi tration Organization at the following times: (1) For QS holders and PQS holders except as provided for in paragraph (c)(3) of this section, not later than May 1 of each year for the crab fishing year that begins on July 1 of that year. (2) For IFQ holders and IPQ holders, not later than 15 days after the issuance of IFQ and IPQ for that crab QS fishery if that IFQ or IPQ holder does not also hold QS or PQS. (3) During 2005, QS and PQS holders must join an Arbitration Organization as described in paragraph (d) of this section not later than August 15, 2005. (4) Persons receiving QS, PQS, IFQ, or IPQ by transfer after these dates must join an Arbitration Organization at the time of receiving the QS, PQS, IFQ, or IPQ by transfer. (d) Formation process for an Arbitration Organization. (1) Arbitration Organiza tions must be formed to select and con tract a Market Analyst, Formula Arbi trator, Contract Arbitrator(s), and es tablish the Arbitration System, includ ing the payment of costs of arbitration, described in this section for each crab QS fishery. All persons defined in para graph (a)(1) of this section must join an Arbitration Organization. (i) Arbitration QS/IFQ Arbitration Or ganization. Holders of Arbitration QS and Arbitration IFQ must join an Arbi tration QS/IFQ Arbitration Organiza tion. This Arbitration Organization may not have members who are not holders of Arbitration QS or Arbitra tion IFQ. Arbitration QS holders and Arbitration IFQ holders may join sepa rate Arbitration QS/IFQ Arbitration Organizations. The mechanism for forming an Arbitration Organization is determined by the members of the or ganization. (ii) PQS/IPQ Arbitration Organization. Holders of PQS or IPQ must join a PQS/IPQ Arbitration Organization. This Arbitration Organization may not have members who are not holders of PQS or IPQ. PQS holders and IPQ hold ers may join separate PQS/IPQ Arbitra tion Organizations. The mechanism for forming an Arbitration Organization is determined by the members of the or ganization. (iii) Affiliated QS/IFQ Arbitration Or ganization. Holders of CVO QS or Class A IFQ affiliated with a PQS or IPQ holder must join an Affiliated QS/IFQ Arbitration Organization. This Arbi tration Organization may not have members who are not holders of QS or IFQ affiliated with a PQS or IPQ hold er. CVO QS holders and Class A IFQ holders may join separate Affiliated QS/IFQ Arbitration Organizations. The mechanism for forming an Arbitration Organization is determined by the members of the organization. (iv) Limitation on joining an Arbitra tion Organization. For a crab QS fishery during a crab fishing year, a person who holds: (A) PQS/IPQ may join only one PQS/ IPQ Arbitration Organization; (B) Affiliated QS/IFQ may join only one Affiliated QS/IFQ Arbitration Or ganization; and (C) Arbitration QS/IFQ may join only one Arbitration QS/IFQ Organization. (2) Each Arbitration Organization must submit a complete Annual Arbi tration Organization report to NMFS. A complete report must include: (i) A copy of the business license of the Arbitration Organization; (ii) A statement identifying the members of the organization and the amount of Arbitration QS and Arbitra tion IFQ, Non-Arbitration QS and Non Arbitration IFQ, or PQS and IPQ held by each member and represented by that Arbitration Organization; (iii) QS, PQS, IFQ, and IPQ owner ship information on the members of the organization; (iv) Management organization infor mation, including: (A) The bylaws of the Arbitration Or ganization; VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01026 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 1017 Fishery Conservation and Management § 680.20 (B) A list of key personnel of the management organization including, but not limited to, the board of direc tors, officers, representatives, and any managers; (v) The name of the Arbitration Or ganization, permanent business mail ing addresses, name of contact persons and additional contact information of the managing personnel for the Arbi tration Organization, resumes of man agement personnel; and (vi) A copy of all minutes of any meeting held by the Arbitration Orga nization or any members of the Arbi tration Organization. (3) An Arbitration Organization, with members who are QS or PQS holders, must submit a complete Annual Arbi tration Organization Report to NMFS in accordance with paragraph (a)(3) of this section by August 20, 2005, for the crab fishing year beginning on July 1, 2005, and by May 1 of each subsequent year for the crab fishing year begin ning on July 1 of that year. (4) An Arbitration Organization, with members who are IFQ or IPQ holders, must submit a complete Annual Arbi tration Organization Report to NMFS in accordance with paragraph (a)(3) of this section by not later than 15 days after the issuance of IFQ and IPQ for that crab QS fishery. (e) Role of Arbitration Organization(s) and annual requirements—(1) General. The members of each Arbitration Orga nization must enter into a contract that specifies the terms and conditions of participation in the organization. (i) The contract among members of an Arbitration QS/IFQ Arbitration Or ganization, or a PQS/IPQ Arbitration Organization shall include the terms, conditions, and provisions specified in paragraph (e)(2) of this section. (ii) The contract among members of an Affiliated QS/IFQ Arbitration Orga nization shall include the terms, condi tions, and provisions in paragraph (e)(3) of this section. (2) Provisions for Arbitration QS/IFQ Arbitration Organizations, and PQS/IPQ Arbitration Organizations—(i) Selection of Market Analyst, Formula Arbitrator, and Contract Arbitrator(s). A provision authorizing the Arbitration Organiza tion to act on behalf of its members in the selection of and contracting with the Market Analyst, Formula Arbi trator, and Contract Arbitrator(s) under paragraph (e)(4) of this section. (ii) Confidentiality of information. A provision that a member that is a party to a Binding Arbitration pro ceeding shall sign a confidentiality agreement with the party with whom it is arbitrating stating they will not disclose at any time to any person any information received from the Con tract Arbitrator or any other party in the course of the arbitration. That con fidentiality agreement shall specify the potential sanctions for violating the agreement. (iii) Provision of information to mem bers. A provision requiring the Arbitra tion Organization to provide to its members: (A) A copy of the contracts for the Market Analyst, Formula Arbitrator, and Contract Arbitrator for each fish ery in which the member participates; and (B) A copy of the Market Report and the Non-Binding Price Formula for each fishery in which the member par ticipates within 5 days of its release. (iv) Information release. (A) A provi sion requiring that the Arbitration Or ganization deliver to NMFS any data, information, and documents generated pursuant to this section. (B) In the case of a PQS/IPQ Arbitra tion Organization(s): (1) A provision that requires the PQS/ IPQ Arbitration Organization to pro vide for the delivery of the names of and contact information for its mem bers who hold uncommitted IPQ, and to identify the regional designations and amounts of such uncommitted IPQ, to Arbitration QS/IFQ Arbitration Or ganizations either directly or through a third-party data provider so the in formation may be provided to any per sons that hold uncommitted Arbitra tion IFQ for purposes of Share Match ing, Binding Arbitration, and Post Ar bitration Opt-in; (2) A provision that prohibits the dis closure of any information received under this provision to any person ex cept those Arbitration QS/IFQ Arbitra tion Organizations, or their third-party data provider so that information may be provided to holders of uncommitted VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01027 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 1018 50 CFR Ch. VI (10–1–22 Edition) § 680.20 Arbitration IFQ. The provision will re quire that information concerning un committed IPQ be updated within 24 hours of a change of any such informa tion, including any commitment of IPQ, and that information be provided to those persons that hold uncommit ted Arbitration IFQ. This provision may include a mechanism to provide information to uncommitted Arbitra tion IFQ holders through a secure Web site, or through other electronic means; (3) A provision that requires the PQS/ IPQ Arbitration Organization to ar range for the delivery to all holders of uncommitted Arbitration IFQ through the Arbitration QS/IFQ Arbitration Or ganizations holders or their third-party data provider the terms of a decision of a Contract Arbitrator in a Binding Ar bitration proceeding involving a mem ber that holds uncommitted IPQ within 24 hours of notice of that decision. This provision may include a mechanism to provide information to uncommitted Arbitration IFQ holders through a se cure Web site, or through other elec tronic means; and (4) A provision that requires the holders of uncommitted IPQ to provide information concerning such uncom mitted IPQ as necessary for the PQS/ IPQ Arbitration Organization to com ply with this paragraph and prohibits the disclosure of any such information by such holder to any person, except as directed in this paragraph. (C) In the case of a Arbitration QS/ IFQ Organization(s): (1) A provision that requires Arbitra tion QS/IFQ Arbitration Organizations holders, or their third-party data pro vider to provide information con cerning uncommitted IPQ from PQS/ IPQ Arbitration Organization(s) as nec essary for the Arbitration IFQ holder to use that information in a timely manner. (2) A provision that prohibits the dis closure of any such information con cerning uncommitted IPQ from PQS/ IPQ Arbitration Organization to any person, except as directed therein. (D) Third-party Data Provider provi sion. Notwithstanding any provision in this section, an Arbitration Organiza tion required to supply or receive infor mation under this section must hire administrative personnel or may con tract with a person who will arrange for the receipt and delivery of informa tion as required. Any such third party that receives such information cannot be affiliated with or employed by or re lated to any QS, PQS, IFQ, or IPQ holder in any crab QS fishery and must enter a contract that: (1) Prohibits such third person from releasing any information received to any person except as specifically pro vided by this section; and (2) Prohibits such third person from entering taking any employment from or establishing any relationship, except under a contract meeting the require ments of this section for a period of 3 years after the termination of the con tract. (v) Costs. A provision that authorizes the Arbitration Organization to enter into a contract with all other Arbitra tion Organizations for the payment of the costs of arbitration as specified under this section. (A) The Arbitration Organizations must establish a contract that requires the payment of all costs of the Market Analyst, Formula Arbitrator, and Con tract Arbitrator(s), dissemination of information concerning uncommitted IPQ to holders of uncommitted Arbi tration IFQ, and the costs of such per sons associated with lengthy season ap proach, share matching approach, Binding Arbitration, quality and per formance disputes, to be shared equally so that IPQ holders pay 50 percent of the costs and Arbitration IFQ holders and Class A IFQ holders pay 50 percent of the costs. (B) Each person shall pay an amount of the cost based on the amount of IPQ or IFQ held by that person at the time of application to an Arbitration Orga nization. (C) PQS holders shall advance all costs and shall collect the contribution of IFQ holders at landing subject to terms mutually agreed to by the Arbi tration Organizations. (vi) Negotiation methods. A provision that prohibits the Arbitration Organi zation from engaging in any contract negotiations on behalf of its members, except for those necessary to hire the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s). VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01028 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 1019 Fishery Conservation and Management ยง 680.20 (vii) Enforcement of the contract. Vio lations of the contract shall be en forced under civil law. (3) Provisions applying to Affiliated QS/ IFQ Arbitration Organizations. The pro visions that allow for the provision of information to members, payment of costs, limits on the transfer of QS, PQS, IFQ, and IPQ, and enforcement of the contract as described under para graphs (e)(2)(iv), (v), (vii), and (viii) will apply to the contract among mem bers of an Affiliated QS/IFQ Arbitra tion Organization(s). (4) Process for selection of Market Ana lyst, Formula Arbitrator, and Contract Arbitrator(s). (i) For each crab fishing year, QS holders who are members of Arbitration QS/IFQ Arbitration Orga nization(s) and PQS holders who are members of PQS/IPQ Arbitration Orga nization(s), by mutual agreement, will select one Market Analyst, one For mula Arbitrator, and Contract Arbi trator(s) for each crab QS fishery. The number of Contract Arbitrators se lected for each fishery will be subject to the mutual agreement of those Arbi tration Organizations. The selection of the Market Analyst and the Formula Arbitrator must occur in time to en sure the Market Report and non-bind ing price formula are produced within the time line established in paragraphs (f)(4)(i) and (g)(2)(viii)(B) of this sec tion. (ii) The Arbitration Organizations representing Arbitration QS holders and PQS holders in a crab fishery shall establish by mutual agreement the contractual obligations of the Market Analyst, Formula Arbitrator, and Con tract Arbitrator(s) for each fishery. The contractual obligations of the Market Analyst, the Formula Arbi trator, and Contract Arbitrators will be enforced by the parties to the con tract. (iii) The same person may be chosen for the positions of Market Analyst and Formula Arbitrator for a fishery. (iv) A person selected to be a Con tract Arbitrator may not be the Mar ket Analyst or Formula Arbitrator, and shall not be affiliated with, em ployed by, or otherwise associated with, the Market Analyst or Formula Arbitrator, for that fishery. (5) Notification to NMFS. Not later than June 1 for that crab fishing year, except as provided in paragraph (e)(6) of this section, the Arbitration Organi zations representing the holders of Ar bitration QS and PQS in each fishery shall notify NMFS of the persons se lected as the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) for the fishery in accordance with para graph (a)(3) of this section. (6) First-year implementation. During 2005, the selection of and establishment of the contractual obligations of the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) as required under this section shall occur not later than September 1, 2005. (7) IFQ and IPQ issuance and selection of the Market Analyst, Formula Arbi trator, and Contract Arbitrator(s). NMFS will not issue CVO IFQ and IPQ for a crab QS fishery until Arbitration Orga nizations establish by mutual agree ment contracts with a Market Analyst, Formula Arbitrator, and Contract Ar bitrator(s) for that fishery and notify NMFS. (f) Roles and standards for the Market Analyst and process for producing the Market Report. (1) Except as provided in paragraph (f)(1)(ii) of this section: (i) The Arbitration QS/IFQ Arbitra tion Organizations and the PQS/IPQ Arbitration Organizations shall estab lish a contract with the Market Ana lyst to produce a Market Report for each crab QS fishery. The terms of this contract must specify that the Market Analyst must produce a Market Report that shall provide an analysis of the market for products of that fishery. (ii) The Arbitration QS/IFQ Arbitra tion Organizations and the PQS/IPQ Arbitration Organizations may, by mu tual agreement, include a provision in the contract with the Market Analyst to forgo production of a Market Report for a crab QS fishery if the Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration Organizations anticipate that the crab QS fishery will not open for fishing during a crab fish ing year. If such a provision is included in the contract with the Market Ana lyst, the Arbitration QS/IFQ Arbitra tion Organizations and the PQS/IPQ Arbitration Organizations must in clude a provision in the contract with VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01029 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 1020 50 CFR Ch. VI (10–1–22 Edition) § 680.20 the Market Analyst to produce a Mar ket Report not later than the June 30 for the crab QS fishery that was ex pected to remain closed but subse quently opens for fishing during the crab fishing year. (2) The contract with the Market An alyst must specify that: (i) The Market Analyst will base the Market Report on a survey of the mar ket for crab products produced by the fishery. (ii) The Market Analyst will note generally the sources from which he or she gathered information. The Market Report must include only publicly available data and information. Data and information will be considered publicly available if they are published in a manner that makes them avail able, either for a fee or at no cost, to the public at large. (iii) The Market Report shall con sider the following factors: (A) Current ex-vessel prices, includ ing ex-vessel prices received for crab harvested under Class A IFQ, Class B IFQ, and CVC IFQ permits; (B) Consumer and wholesale product prices for the processing sector and the participants in the arbitration (recog nizing the impact of sales to affiliates on wholesale pricing); (C) Innovations and developments of the harvesting and processing sectors and the participants in the arbitration (including new product forms); (D) Efficiency and productivity of the harvesting and processing sectors (rec ognizing the limitations on efficiency and productivity arising out of the management program structure); (E) Quality (including quality stand ards of markets served by the fishery and recognizing the influence of har vest strategies on the quality of land ings); (F) The interest of maintaining fi nancially healthy and stable har vesting and processing sectors; (G) Safety and expenditures for en suring adequate safety; (H) Timing and location of deliveries; and (I) The cost of harvesting and proc essing less than the full IFQ or IPQ al location (underages) to avoid penalties for overharvesting IFQ and a mecha nism for reasonably accounting for deadloss. (iv) There shall only be one annual Market Report for each fishery. (v) The Market Analyst must not issue interim or supplemental reports for any crab QS fishery unless the Ar bitration QS/IFQ Arbitration Organiza tions and the PQS/IPQ Arbitration Or ganizations, by mutual agreement, in clude a provision in the contract with the Market Analyst for the production of interim or supplemental reports for a crab QS fishery. If the Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration Organizations have a mutual agreement to produce interim or supplemental reports, the contract with the Market Analyst must specify the terms and conditions under which those interim or supple mental reports will be produced. (3) The Market Analyst shall not dis close any information to any person not required under this section. (4) In 2005, the Market Report shall be produced not later than September 30, 2005 or 25 days prior to the first crab fishing season for that crab QS fishery whichever is later in that crab fishing year as required under this section. (i) In all subsequent years and except as provided in paragraph (f)(1)(ii) of this section, the Market Report for each crab QS fishery must be produced not later than 50 days prior to the first crab fishing season for that crab QS fishery, unless the Arbitration QS/IFQ Arbitration Organizations and the PQS/IPQ Arbitration Organizations, by mutual agreement, include a provision in the contract with the Market Ana lyst to establish a different date for production of the Market Report for that crab QS fishery. (ii) The contract with the Market Analyst must specify that the Market Analyst will provide the Market Re port in that crab fishing year to: (A) Each Arbitration Organization in that fishery; (B) NMFS Alaska Region in accord ance with paragraph (a)(3) of this sec tion; and (C) The Formula Arbitrator and any Contract Arbitrator(s) for the fishery. (g) Roles and standards for the Formula Arbitrator. (1) Except as provided in paragraph (g)(1)(ii) of this section: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01030 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 1021 Fishery Conservation and Management § 680.20 (i) The Arbitration QS/IFQ Arbitra tion Organizations and the PQS/IPQ Arbitration Organizations shall estab lish a contract with the Formula Arbi trator to produce a Non-Binding Price Formula for each crab QS fishery. (ii) The Arbitration QS/IFQ Arbitra tion Organizations and the PQS/IPQ Arbitration Organizations may, by mu tual agreement, include a provision in the contract with the Formula Arbi trator to forgo production of a Non Binding Price Formula for a crab QS fishery if the Arbitration QS/IFQ Arbi tration Organizations and the PQS/IPQ Arbitration Organizations anticipate that the crab QS fishery will not open for fishing during a crab fishing year. If such a provision is included in the con tract with the Formula Arbitrator, the Arbitration QS/IFQ Arbitration Orga nizations and the PQS/IPQ Arbitration Organizations must include a provision in the contract with the Formula Arbi trator to produce a Non-Binding Price Formula not later than June 30 for the crab QS fishery that was expected to remain closed but subsequently opens for fishing during the crab fishing year. (2) The contract with the Formula Arbitrator must specify that: (i) The Formula Arbitrator will con duct a single annual fleet-wide analysis of the markets for crab to establish a Non-Binding Price Formula under which a fraction of the weighted aver age first wholesale prices for crab prod ucts from the fishery may be used to set an ex-vessel price; and (ii) The Non-Binding Price Formula shall: (A) Be based on the historical dis tribution of first wholesale revenues between fishermen and processors in the aggregate based on arm’s length first wholesale prices and ex-vessel prices, taking into consideration the size of the harvest in each year; and (B) Establish a price that preserves the historical division of revenues in the fishery while considering the fol lowing: (1) Current ex-vessel prices, including ex-vessel prices received for crab har vested under Class A, Class B, and CVC IFQ permits; (2) Consumer and wholesale product prices for the processing sector and the participants in arbitrations (recog nizing the impact of sales to affiliates on wholesale pricing); (3) Innovations and developments of the harvesting and processing sectors and the participants in arbitrations (including new product forms); (4) Efficiency and productivity of the harvesting and processing sectors (rec ognizing the limitations on efficiency and productivity arising out of the management program structure); (5) Quality (including quality stand ards of markets served by the fishery and recognizing the influence of har vest strategies on the quality of land ings); (6) The interest of maintaining finan cially healthy and stable harvesting and processing sectors; (7) Safety and expenditures for ensur ing adequate safety; (8) Timing and location of deliveries; and (9) The cost of harvesting and proc essing less than the full IFQ or IPQ al location (underages) to avoid penalties for overharvesting IFQ and a mecha nism for reasonably accounting for deadloss. (C) Include identification of various relevant factors such as product form, delivery time, and delivery location. (D) Consider the ‘‘highest arbitrated price’’ for the fishery from the previous crab fishing season, where the ‘‘highest arbitrated price’’ means the highest ar bitrated price for arbitrations of IPQ and Arbitration IFQ which represent a minimum of at least 7 percent of the IPQ resulting from the PQS in that fishery. For purposes of this process, the Formula Arbitrator may aggregate up to three arbitration findings to col lectively equal a minimum of 7 percent of the IPQ. When arbitration findings are aggregated with 2 or more entities, the lesser of the arbitrated prices of the arbitrated entities included to at tain the 7 percent minimum be consid ered for the highest arbitrated price. (iii) The Non-Binding Price Formula may rely on any relevant information available to the Formula Arbitrator, including, but not limited to, (A) Information provided by the QS, PQS, IPQ and IFQ holders in the fish ery, and (B) The Market Report for the fish ery. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01031 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 1022 50 CFR Ch. VI (10–1–22 Edition) § 680.20 (iv) The Formula Arbitrator: (A) May meet with IFQ holders who are members of any single FCMA coop erative collectively; (B) Shall meet with IPQ holders indi vidually; (C) Shall meet with distinct FCMA cooperatives individually; and (D) Shall meet with IFQ holders who are not members of the same FCMA co operative individually. (v) The Formula Arbitrator may re quest any relevant information from QS, PQS, IPQ, and IFQ holders in the fishery, but the Formula Arbitrator shall not have subpoena power. (vi) The Formula Arbitrator may ob tain information from persons other than QS, PQS, IPQ, and IFQ holders in the fishery, if those persons agree to provide such data. Any information that is provided must be based on ac tivities occurring more than three months prior to the date of submission to the Formula Arbitrator. (vii) The Formula Arbitrator shall keep confidential the information that is not publicly available and not dis close the identity of the persons pro viding specific information. (viii) (A) In 2005, the non-binding price formula shall be produced not later than September 30, 2005 or 25 days prior to the first crab fishing season for that crab QS fishery whichever is later in that crab fishing year as required under this section. (B) In all subsequent years and ex cept as provided in paragraph (g)(1)(ii) of this section, the Non-Binding Price Formula must be produced not later than 50 days prior to the first crab fish ing season for that crab QS fishery, ex cept that the Non-Binding Price For mulas for the western Aleutian Islands golden king crab fishery and the east ern Aleutian Islands golden king crab fishery must be produced not later than 30 days prior to the first crab fish ing season for those crab QS fisheries. (C) The contract with the Formula Arbitrator must specify that the For mula Arbitrator will provide the non binding price formula in that crab fish ing year to: (1) Each Arbitration Organization in that fishery; (2) NMFS in accordance with para graph (a)(3) of this section; and (3) The Market Analyst and all Con tract Arbitrators in the fishery. (ix) The Formula Arbitrator shall not disclose any information to any person unless required under this section. (h) Roles and standards for the Con tract Arbitrator(s)—(1) General. For each crab QS fishery, the Arbitration QS/ IFQ Arbitration Organizations and PQS/IPQ Arbitration Organizations shall establish a contract with all Con tract Arbitrators in that fishery that specifies that each Contract Arbitrator may be selected to resolve a dispute concerning the terms of delivery, price, or other factors in the fishery. (2) Selection of Contract Arbitrators. The contract with the Contract Arbi trator shall specify the means by which the Contract Arbitrator will be se lected to resolve specific disputes. This contract must specify that for any dis pute for which the Contract Arbitrator is selected, the Contract Arbitrator will comply with the last best offer ar bitration method as set forth in this section. (3) Negotiation and Binding Arbitration Procedure. The contract with the Con tract Arbitrator(s) shall specify the fol lowing approaches for negotiation and Binding Arbitration among members of the Arbitration Organizations: (i) Restrictions on collective negotiation. An IFQ and an IPQ holder may nego tiate individually. Groups of IFQ hold ers may negotiate collectively with an IPQ holder only under the following provisions: (A) Members of an FCMA coopera tives may participate collectively with other members of the same FCMA co operative in Binding Arbitration ex cept as otherwise provided under this section. (B) Members of different FCMA co operatives shall not participate collec tively in Binding Arbitration. (C) IPQ holders shall not participate collectively. Only one IPQ holder shall enter into Binding Arbitration with any IFQ holder or IFQ holder(s). (D) An Arbitration Organization must not negotiate on behalf of a mem ber. This shall not prohibit the mem bers of an Arbitration IFQ Arbitration Organization from negotiation if the Arbitration Organization qualifies as an FCMA cooperative. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01032 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 1023 Fishery Conservation and Management § 680.20 (ii) Open negotiations. At any time prior to the date of the first crab fish ing season of a crab fishing year for that crab QS fishery, any holder of un committed Arbitration IFQ may nego tiate with any holder of uncommitted IPQ, the price and delivery terms for that season for any uncommitted IFQ and uncommitted IPQ. (A) Uncommitted Arbitration IFQ holders and Uncommitted IPQ holders may freely contact each other and ini tiate open negotiations. (B) If Arbitration IFQ holders and IPQ holders do not reach an agreement on price, delivery terms, or other terms after committing shares, an Arbitra tion IFQ holder may initiate Binding Arbitration in accordance with the pro cedures specified in this section in order to resolve disputes in those price, delivery terms, or other terms. (C) Once IFQ or IPQ has been com mitted, the IFQ holder and IPQ holder cannot engage in open negotiation using those shares. (iii) Lengthy season approach. (A) Prior to the date of the first crab fish ing season for that crab QS fishery in that crab fishing year a committed IPQ holder and one or more committed Ar bitration IFQ holders may choose to adopt a Lengthy Season approach. The Lengthy Season approach is an alter native method to the Binding Arbitra tion proceedings. (B) A Lengthy Season approach al lows a committed IPQ holder and a committed Arbitration IFQ holder to agree to postpone negotiation of spe cific contract terms until a time dur ing the crab fishing year as agreed upon by the Arbitration IFQ holder and IPQ holder participating in the nego tiation. The Lengthy Season approach allows the Arbitration IFQ holders and IPQ holder involved in the negotiation to postpone Binding Arbitration, if necessary, until a time during the crab fishing year. If the parties ready a final agreement on the contract terms, Binding Arbitration is not necessary. (C) If a committed IPQ holder and one or more committed Arbitration IFQ holder(s) are unable to reach an agreement on whether to adopt a Lengthy Season approach, they may request mediation to assist the parties in determining whether to adopt a Lengthy Season approach. The parties may request a Contract Arbitrator to act as a mediator. If the mediation proves unsuccessful or is not selected, the Arbitration IFQ holder may ini tiate enter Binding Arbitration to de termine whether to adopt a lengthy season approach. (1) Binding Arbitration may begin immediately with the same Contract Arbitrator. (2) If the Contract Arbitrator serves as a mediator in an unsuccessful medi ation, either party may request an other Contract Arbitrator for the Bind ing Arbitration. (iv) Share matching. (A) At any time 120 hours (five days) after NMFS issues IFQ and IPQ for that crab QS fishery in that crab fishing year, holders of un committed Arbitration IFQ may choose to commit the delivery of har vests of crab to be made with that un committed Arbitration IFQ to an un committed IPQ holder. The issuance of IFQ and IPQ for a crab QS fishery oc curs on the time and date that IFQ and IPQ amounts for that crab QS fishery are posted on the NMFS, Alaska Re gion website at http:// www.fakr.noaa.gov. (B) To commit Arbitration IFQ, the holder of uncommitted IFQ must offer an amount of Arbitration IFQ: (1) Not less than 50 percent of the Ar bitration IFQ holder’s total uncommit ted Arbitration IFQ, or an amount of uncommitted Arbitration IFQ equal to the total amount of uncommitted IPQ available, whichever is less, if the Arbi tration IFQ holder is not an FCMA co operative; and (2) Not less than 25 percent of the Ar bitration IFQ holder’s total uncommit ted Arbitration IFQ, or an amount of uncommitted Arbitration IFQ equal to the total amount of uncommitted IPQ available, whichever is less, if the Arbi tration IFQ holder is an FCMA cooper ative. (C) Any holder of uncommitted IPQ must accept all proposed Arbitration IFQ commitments, up to the amount of its uncommitted IPQ. The commit ment of IPQ will take place on receipt of notice from the holder of uncommit ted Arbitration IFQ of the intention to commit that IFQ. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01033 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 1024 50 CFR Ch. VI (10–1–22 Edition) § 680.20 (D) After matching, an Arbitration IFQ holder and an IPQ holder may de cide to enter mediation to reach agree ment on contract terms. The Arbitra tion IFQ holder and IPQ holder may re quest a Contract Arbitrator to act as a mediator to facilitate an agreement. (1) If the mediation proves unsuccess ful, or if mediation is not selected, the Arbitration IFQ holder may initiate Binding Arbitration which may begin immediately with the same Contract Arbitrator. (2) If the Contract Arbitrator serves as a mediator in an unsuccessful medi ation, the Arbitration IFQ holder may request another Contract Arbitrator for the Binding Arbitration. (v) Initiation of Binding Arbitration. If an Arbitration IFQ holder intends to initiate Binding Arbitration, the Arbi tration IFQ holder must initiate the Binding Arbitration procedure not later than 360 hours (15 days) after NMFS issues IFQ and IPQ for that crab QS fishery in that crab fishing year. Binding Arbitration is initiated after the committed Arbitration IFQ holder notifies a committed IPQ holder and selects a Contract Arbitrator. Binding Arbitration may be initiated to resolve price, terms of delivery, and other dis putes. There will be only one Binding Arbitration Proceeding for an IPQ holder but multiple Arbitration IFQ holders may participate in this pro ceeding. This limitation on the timing of Binding Arbitration proceedings does not include proceedings that arise due to: (A) The lengthy season approach; (B) Performance disputes; and (C) Quality disputes. (vi) Joining a Binding Arbitration pro ceeding. Any uncommitted Arbitration IFQ holder may join a Binding Arbitra tion proceeding as a party by commit ting the shares to the arbitration and providing notice to the IPQ holder and the Contract Arbitrator(s). An Arbitra tion IFQ holder may join a Binding Ar bitration proceeding only if uncommit ted IPQ is available. Once shares are committed to a Binding Arbitration Proceeding they cannot be uncommit ted. The contract with the Contract Arbitrator may specify the terms and timing of joining the proceedings. (vii) Arbitration schedule meeting. The Contract Arbitrator shall meet with all parties to a Binding Arbitration pro ceeding as soon as possible once a Bind ing Arbitration proceeding has been initiated for the sole purpose of estab lishing a schedule for the Binding Arbi tration. This schedule shall include the date by which the IPQ holder and Arbi tration IFQ holder(s) must submit their last best offer and any supporting materials, and any additional meetings or mediation if agreed to by all parties. This meeting will discuss the schedule of the Binding Arbitration proceedings and not address terms of last best of fers. (viii) Terms of last best offers. The Contract Arbitrator will meet with the parties to the Binding Arbitration pro ceeding to determine the matters that must be included in the last best offer, which may include a fixed price or a price over a time period specified by the parties, a method for adjusting prices over a crab fishing year, or an advance price paid at the time of deliv ery. (ix) Submission of last best offers. The parties to a Binding Arbitration pro ceeding shall each submit to the Con tract Arbitrator(s) a last best offer de fining all the terms specified for inclu sion in a last best offer by the Contract Arbitrator. An Arbitration IFQ holder that is an FCMA cooperative may sub mit a last best offer that defines terms for the delivery of crab harvested by members of that FCMA cooperative with IFQ held by the cooperative. An Arbitration IFQ holder that is not an FCMA cooperative may submit a last best offer that defines the term of de livery of crab harvested with IFQ held by that person. The IPQ holder that is a party to the proceeding shall submit a single offer that defines terms for de livery of crab harvested with all IFQ that are subject to the proceedings. (x) Arbitration decisions. The Contract Arbitrator(s) shall decide among each offer received from an Arbitration IFQ holder and the offer received from the IPQ holder. Each arbitration decision shall result in a binding contract be tween the IPQ holder and the Arbitra tion IFQ holder defined by the terms of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01034 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 1025 Fishery Conservation and Management § 680.20 the offer selected by Contract Arbi trator(s). An arbitration decision ap plies to all committed IFQ and com mitted IPQ in that arbitration. (xi) Announcement of decisions. (A) If last best offers are submitted at least 15 days before the first crab fishing sea son for that crab fishing year for that crab QS fishery, arbitration decisions shall be issued no later than 10 days be fore the first crab fishing season for that crab fishing year for that crab QS fishery. Otherwise, the Contract Arbi trator will notify the parties of the ar bitration decision within 5 days of the parties submitting their last best of fers. (B) The Contract Arbitrator will no tify the parties by providing each Arbi tration IFQ holder and IPQ holder that is a party to the Binding Arbitration proceeding, a copy of any decision. The decision is binding on the parties to the Binding Arbitration proceeding. (4) Basis for the Arbitration decision. The contract with the Contract Arbi trator shall specify that the Contract Arbitrator will be subject to the fol lowing provisions when deciding which last best offer to select. (i) The Contract Arbitrator’s decision shall: (A) Be based on the historical dis tribution of first wholesale revenues between fishermen and processors in the aggregate based on arm’s length first wholesale prices and ex-vessel prices, taking into consideration the size of the harvest in each year; and (B) Establish a price that preserves the historical division of revenues in the fishery while considering the fol lowing: (1) Current ex-vessel prices, including ex-vessel prices received for crab har vested under Class A IFQ, Class B IFQ, and CVC IFQ permits; (2) Consumer and wholesale product prices for the processing sector and the participants in the arbitration (recog nizing the impact of sales to affiliates on wholesale pricing); (3) Innovations and developments of the harvesting and processing sectors and the participants in the arbitration (including new product forms); (4) Efficiency and productivity of the harvesting and processing sectors (rec ognizing the limitations on efficiency and productivity arising out of the management program structure); (5) Quality (including quality stand ards of markets served by the fishery and recognizing the influence of har vest strategies on the quality of land ings); (6) The interest of maintaining finan cially healthy and stable harvesting and processing sectors; (7) Safety and expenditures for ensur ing adequate safety; (8) Timing and location of deliveries; and (9) The cost of harvesting and proc essing less than the full IFQ or IPQ al location (underages) to avoid penalties for overharvesting IFQ and a mecha nism for reasonably accounting for deadloss. (C) Consider the Non-Binding Price Formula established in the fishery by the Formula Arbitrator. (ii) The Contract Arbitrator’s deci sion may rely on any relevant informa tion available to the Contract Arbi trator, including, but not limited to: (A) Information provided by the QS, PQS, IPQ and IFQ holders in the fish ery regarding the factors identified in paragraph (h)(4)(i) of this section; and (B) The Market Report for the fish ery. (iii) Each of the Arbitration IFQ holders and the IPQ holders that is party to the proceeding may provide the Contract Arbitrator with addi tional information to support its last best offer. The Contract Arbitrator must receive and consider all data sub mitted by the parties. (iv) The Contract Arbitrator may re quest specific information from the Ar bitration IFQ holder(s) and IPQ holder that will be useful in reaching a final decision. The Contract Arbitrator will not have subpoena power and it is in the sole discretion of the person from whom information is requested as to whether to provide the requested infor mation. (5) Limits on the release of data. The parties to a Binding Arbitration pro ceeding shall be precluded from full ac cess to the information provided to the Contract Arbitrator. (i) Arbitration IFQ holders that are party to an arbitration proceeding shall have access only to information VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01035 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 1026 50 CFR Ch. VI (10–1–22 Edition) § 680.20 provided directly by the IPQ holder to the Contract Arbitrator for that Bind ing Arbitration proceeding. (ii) IPQ holders that are party to an arbitration proceeding shall have ac cess only to information provided di rectly by an Arbitration IFQ holder to the Contract Arbitrator for that Bind ing Arbitration proceeding. (iii) The Contract Arbitrator shall keep confidential the information pro vided by any QS, PQS, IFQ, or IPQ holders in the fishery and not disclose the identity of the persons providing specific information except as provided in paragraph (h)(6) of this section. (iv) The Arbitration IFQ holders and IPQ holders shall not release informa tion received in a Binding Arbitration proceeding to persons who were not party to that Binding Arbitration pro ceeding other than the final result of that arbitration proceeding except as provided for in paragraph (h)(6) of this section. (6) Information provided to NMFS. The Contract Arbitrator must provide any information, documents, or data re quired under this paragraph to NMFS in accordance with paragraph (a)(3) of this section not later than 30 days prior to the end of the crab fishing year for which the open negotiation or arbitra tion applied. The contract with the Contract Arbitrator must specify that the Contract Arbitrator provide NMFS with: (i) A copy of any minutes from any meeting attended by that Contract Ar bitrator between or among any PQS or IPQ holders concerning any negotia tions under this section; (ii) Any last-best offers made during the Binding Arbitration process, in cluding all contract details, the names of other participants in the arbitra tion, and whether the bid was accepted by the Contract Arbitrator; and (iii) A copy of any information, data, or documents given by the Contract Arbitrator to any person who is not a party to the particular arbitration for which that information was provided. The Contract Arbitrator must identify the arbitration to which the informa tion, data, or documents apply, and the person to whom those information, data, or documents were provided. (7) Enforcement of Binding Arbitration decisions. The decision of the Contract Arbitrator for Binding Arbitration shall be enforced among the parties to that arbitration. (8) Failure of Contract Arbitrator(s). Except as provided for in paragraph (h)(6) of this section, the failure of a Contract Arbitrator to perform shall be enforced by the Arbitration Organiza tions. (9) Post Binding Arbitration opt-in. (i) An Arbitration IFQ holder with uncom mitted IFQ, may opt-in to any contract that results from a completed a Bind ing Arbitration procedure with any IPQ holder that has uncommitted IPQ. (A) All the terms from the arbitrated contract will apply. The Contract Arbi trator may determine fees and a time frame by which a Post Binding Arbitra tion opt-in may occur if those terms are not specified in the arbitrated con tract. (B) Once exercised, the opt-in results in a contract that is binding on both the Arbitration IFQ and IPQ holder. (ii) To initiate the opt-in process, the holder of uncommitted Arbitration IFQ will notify the holder of uncommitted IPQ in writing of its intent to opt-in. (iii) Holders of uncommitted Arbitra tion IFQ may opt-in to a contract re sulting from a completed Binding Arbi tration procedure with a person that holds uncommitted IPQ for that fish ery. (iv) If the IPQ holder and the Arbi tration IFQ holder are unable to re solve a dispute regarding whether the opt-in offer is consistent with the original contract from the completed Binding Arbitration procedure, the dis pute may be decided by the Contract Arbitrator to the original arbitration that resulted in the contract to which the Arbitration IFQ holder is seeking to opt-in. The Contract Arbitrator will decide only whether the proposed opt in terms are consistent with the origi nal contract. (10) Performance disputes. If an IPQ holder and an Arbitration IFQ holder are unable to resolve disputes regard ing the obligations to perform specific contract provisions after substantial negotiations or when time is of the es sence, the issues of that dispute shall be submitted for Binding Arbitration VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01036 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 1027 Fishery Conservation and Management § 680.21 before a Contract Arbitrator for that fishery. (i) Binding Arbitration resulting from a performance dispute can occur at any point during or after the crab fishing year. The dispute must be raised by the IPQ holder or the Arbi tration IFQ holder. Arbitration of that performance dispute must be initiated prior to the date of the first crab fish ing season for the following crab fish ing year in that crab QS fishery. (ii) Performance dispute arbitration shall follow the applicable procedures described for a Binding Arbitration in paragraph (h)(3) of this section, except that the time frame for the procedure applicable to a performance dispute will be determined by the Contract Ar bitrator once the dispute has been raised. (iii) If a party fails to abide by the arbitration decision, a party may pur sue available contract remedies. (iv) The costs of arbitrating perform ance disputes shall be provided from the general fees collected by the Arbi tration Organizations pursuant to paragraph (e) of this section. (v) The Contract Arbitrator may as sign fees to any party bringing frivo lous complaints. Any such fees shall be paid by the party and not from the fees collected under paragraph (e)(2)(vi) of this section. (11) Quality disputes. When disputes regarding the quality of the harvested crab arise within the context of an ex isting contract, the parties may settle the disputes within the context of the arbitration system according to the following: (i) In cases where the IPQ holder and Arbitration IFQ holder(s) have agreed to a formula-based price for crab but where they cannot reach an agreement on the quality and price of the crab, the IPQ holder and Arbitration IFQ holder(s) will receive their share of the value of the amount of crab delivered based on the provisions of the contract. (ii) In quality disputes where the Ar bitration IFQ holders prefer to use ac tual ex-vessel price and not a formula based price and a dispute arises regard ing crab quality and price, the dispute should be referred to a mutually agree able independent quality specialist firm. This independent quality spe cialist firm will determine the quality of the crab. This information will be used as the basis for subsequent price determinations. The IPQ holder and Arbitration IFQ holder(s) with this quality dispute shall share the cost of hiring the specialist firm and agree to abide by its findings according to the terms of their agreement. (i) Other procedures and administrative decisions. The Arbitration Organiza tions, Market Analyst, Contract Arbi trator, Formula Arbitrator, and the Third Party Data Provider are author ized to adopt arbitration system proce dures and make administrative deci sions, including additional provisions in the various contracts, provided those actions are not inconsistent with any other provision in the regulations. [70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, Dec. 20, 2005; 71 FR 40033, July 14, 2006; 73 FR 35088, June 20, 2008; 73 FR 76190, Dec. 15, 2008; 74 FR 51519, Oct. 7, 2009; 76 FR 68364, Nov. 4, 2011] § 680.21 Crab harvesting cooperatives. This section governs the formation and operation of crab harvesting co operatives. The regulations in this sec tion apply only to crab harvesting co operatives that have formed for the purpose of applying for and fishing under a crab harvesting cooperative IFQ permit issued by NMFS. Members of crab harvesting cooperatives that are not FCMA cooperatives should con sult counsel before commencing any activity if the members are uncertain about the legality under the antitrust laws of the crab harvesting coopera tive’s proposed conduct. (a) Formation of crab harvesting co operatives. The following requirements apply to the formation of crab har vesting cooperatives. (1) Membership requirements. A crab harvesting cooperative is limited to QS holders that hold any amount of CPO, CVO, CPC, or CVC QS, and that NMFS has determined are eligible to receive crab IFQ. (i) Minimum number of members. Each crab harvesting cooperative must in clude at least four unique QS holding entities. A unique QS holding entity is a QS holder or group of affiliated QS holders that are not affiliated with any other QS holders or QS holding entities VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01037 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 1028 50 CFR Ch. VI (10–1–22 Edition) § 680.21 in the crab harvesting cooperative. For the purpose of this paragraph, the term ‘‘affiliation’’ is defined at § 680.2. (ii) Voluntary nature of membership. Membership in a crab harvesting coop erative is voluntary. No person may be required to join a crab harvesting coop erative, and no crab harvesting cooper ative may be required to accept a member who the crab harvesting coop erative chooses not to accept. (iii) Membership in more than one crab harvesting cooperative. (A) A QS holder may join one crab harvesting coopera tive per CR fishery. (B) Upon joining a crab harvesting cooperative for a CR fishery, NMFS will convert all of a QS holder’s QS holdings for that CR fishery to crab harvesting cooperative IFQ. (2) Legal and organizational require ments. A crab harvesting cooperative must meet the following legal and or ganizational requirements before it is eligible to apply for a crab harvesting cooperative IFQ permit: (i) Registered business entity. Each crab harvesting cooperative must be formed as a partnership, corporation, or other legal business entity that is registered under the laws of one of the 50 states or the District of Columbia. (ii) Appointment of a designated rep resentative. Each crab harvesting coop erative must appoint an individual as designated representative to act on the crab harvesting cooperative’s behalf and serve as contact point for NMFS for questions regarding the operation of the crab harvesting cooperative. The designated representative may be a member of the crab harvesting cooper ative or some other individual author ized by the crab harvesting cooperative to act on its behalf. (b) Application for annual crab har vesting cooperative IFQ permits. A crab harvesting cooperative IFQ permit is an annual permit issued to a crab har vesting cooperative that establishes an annual catch limit of crab that is based on the collective QS holdings of the members of the crab harvesting cooper ative that have been contributed by the members. A crab harvesting coop erative IFQ permit will list the IFQ amount, by fishery, held by the crab harvesting cooperative and identify the members of the crab harvesting cooper ative. Each crab harvesting coopera tive will be issued a separate IFQ per mit for each type of QS held by a mem ber (or members) of the crab harvesting cooperative. (1) June 15 application deadline. A completed Application for Annual Crab Harvesting Cooperative Individual Fishing Quota (IFQ) Permit listing the name of each member of the crab har vesting cooperative must be submitted annually by each crab harvesting coop erative and received by NMFS no later than June 15 (or postmarked by this date, if sent via U.S. mail or a commer cial carrier) for the upcoming crab fishing year for which the crab har vesting cooperative is applying to re ceive IFQ. If a complete application is not received by NMFS by this date, or postmarked by this date, the crab har vesting cooperative will not receive IFQ for the upcoming crab fishing year. In the event that NMFS has not re ceived a complete and timely applica tion by June 15, NMFS will presume that the application was timely filed if the applicant can provide NMFS with proof of timely filing. Each crab har vesting cooperative member is respon sible for submitting a completed Appli cation for Annual Crab Individual Fish ing Quota Permit to NMFS by June 15 pursuant to § 680.4. (2) Contents. A complete application must contain the following informa tion: (i) Cooperative identification. Enter the crab harvesting cooperative’s legal name; type of business entity under which the crab harvesting cooperative is organized; state in which the crab harvesting cooperative is legally reg istered as a business entity; printed name of the crab harvesting coopera tive’s designated representative; the permanent business address, telephone number, facsimile number, and e-mail address (if available) of the crab har vesting cooperative or its designated representative; and the signature of the crab harvesting cooperative’s des ignated representative and date signed. (ii) Members of the cooperative. Full name and NMFS Person ID of each member of the crab harvesting cooper ative. (iii) Additional documentation. For the application to be considered complete, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01038 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 1029 Fishery Conservation and Management § 680.21 the following documents must be at tached to the application: the com pleted and signed annual application for crab IFQ/IPQ permit for all mem bers of the crab harvesting cooperative, a copy of the business license issued by the state in which the crab harvesting cooperative is registered as a business entity, a copy of the articles of incor poration or partnership agreement of the crab harvesting cooperative, and a copy of the crab harvesting cooperative agreement signed by the members of the crab harvesting cooperative (if dif ferent from the articles of incorpora tion or partnership agreement of the crab harvesting cooperative). (3) Issuance of crab harvesting coopera tive IFQ permits. Upon receipt of a com pleted application for an annual crab harvesting cooperative IFQ permit that is subsequently approved, NMFS will issue one-year crab harvesting coopera tive IFQ permits to the crab harvesting cooperative. The crab harvesting coop erative IFQ permits will list the crab IFQ amounts that are generated by the aggregate QS holdings of all members of the crab harvesting cooperative for each fishery, region, sector, and Class A/B IFQ categories. Issuance by NMFS of a crab harvesting cooperative IFQ permit is not a determination that the crab harvesting cooperative is formed or is operating in compliance with antitrust law. (4) Appeals. A crab harvesting cooper ative or person that is adversely af fected by an initial administrative de termination (IAD) that is associated with the issuance of a crab harvesting cooperative IFQ permit may appeal the IAD using the appeals procedures de scribed in § 680.43. (c) Restrictions on fishing under a crab harvesting cooperative IFQ permit. The following restrictions govern fishing for IFQ crab under a crab harvesting cooperative IFQ permit: (1) Maintenance of permit on board. A copy of a crab harvesting cooperative IFQ permit must be maintained on board any vessel that is being used to harvest crab under the permit. (2) Persons eligible to harvest crab under a crab harvesting cooperative IFQ permit. The only person eligible to har vest crab under a crab harvesting coop erative IFQ permit is the crab IFQ hired master under § 680.4(g) who is op erating a vessel in which at least a 10 percent ownership share is held by a member of the crab harvesting cooper ative to whom the IFQ permit is issued. (3) Liability. Each member of a crab harvesting cooperative is responsible for ensuring that members of the crab harvesting cooperative and crab IFQ hired masters of the crab harvesting cooperative comply with all regula tions applicable to fishing for CR crab. (d) Transfers by members of a crab har vesting cooperative. The following re quirements address transfers of QS and IFQ by members of a crab harvesting cooperative. (1) Transfer of QS. A member of a crab harvesting cooperative may acquire or divest QS at any time in accordance with the transfer procedures in § 680.41. However, transfers of QS that occur after the June 15 deadline for crab har vesting cooperative IFQ permit appli cations will not be reflected in the type or amount of IFQ permit issued to the crab harvesting cooperative for that crab fishing year. (2) Transfer of individually held IFQ. A member of a crab harvesting coopera tive may acquire or divest individually held IFQ using the transfer procedures described in § 680.41. However, any ves sel used to harvest IFQ not held by a crab harvesting cooperative loses the vessel use cap exemption. (3) Transfer of crab harvesting coopera tive IFQ prohibited. A member of a crab harvesting cooperative may not ac quire or divest crab harvesting cooper ative IFQ. Crab harvesting cooperative IFQ may only be transferred between two crab harvesting cooperatives. (e) Transfers by crab harvesting co operatives. The following requirements address transfers of QS, IFQ, PQS, and IPQ by crab harvesting cooperatives that have been issued crab harvesting cooperative IFQ permits. (1) Acquisition of QS, PQS, and IPQ prohibited. A crab harvesting coopera tive that has been issued a crab har vesting cooperative IFQ permit is pro hibited from acquiring any amount of QS, PQS, or IPQ for the valid duration of the crab harvesting cooperative IFQ permit. A crab harvesting cooperative that acquires any amount of QS, PQS, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01039 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 1030 50 CFR Ch. VI (10–1–22 Edition) § 680.21 or IPQ becomes ineligible to receive a crab harvesting cooperative IFQ per mit. (2) Transfer of crab harvesting coopera tive IFQ. A crab harvesting cooperative may transfer its IFQ only to another crab harvesting cooperative. Crab har vesting cooperatives wishing to engage in an inter-cooperative transfer must complete an application for inter-coop erative transfer to transfer crab IFQ between crab harvesting cooperatives. A crab harvesting cooperative is pro hibited from transferring any amount of crab harvesting cooperative IFQ to any entity that is not a crab har vesting cooperative operating under a crab harvesting cooperative IFQ per mit. (3) Use caps. Inter-cooperative trans fers of IFQ will apply to the individual use caps of crab harvesting cooperative members through the designation of the crab harvesting cooperative mem bers conducting the transfer. (f) Application for transfer of crab har vesting cooperative IFQ—(1) Completed application. NMFS will process an ap plication for transfer of crab har vesting cooperative individual fishing quota (IFQ) provided that a paper or electronic request form is completed by the applicant, with all applicable fields accurately filled in, and all re quired additional documentation is at tached. (2) Certification of transferor—(i) Non electronic submittal. The transferor’s designated representative must sign and date the application certifying that all information is true, correct, and complete. The transferor’s des ignated representative must submit the paper application as indicated on the application. (ii) Electronic submittal. The trans feror’s designated representative must log into the system and create a trans fer request as indicated on the com puter screen. By using the transferor’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (3) Certification of transferee—(i) Non electronic submittal. The transferee’s designated representative must sign and date the application certifying that all information is true, correct, and complete. (ii) Electronic submittal. The trans feree’s designated representative must log into the system and accept the transfer request as indicated on the computer screen. By using the trans feree’s NMFS ID, password, and Trans fer Key, the designated representative certifies that all information is true, correct, and complete. (4) Submittal information. An applica tion for transfer of crab harvesting co operative IFQ crab QS or PQS may be submitted to NMFS as instructed on the application. Forms are available on the NMFS Alaska Region website at http://alaskafisheries.noaa.gov, or by contacting NMFS at 800–304–4846, Op tion 2. (g) Inseason changes to crab harvesting cooperative membership. The following requirements address inseason changes to crab harvesting cooperative mem bership. (1) Eligible membership changes. A crab harvesting cooperative may add a new member if that person becomes eligible to join the crab harvesting cooperative through the acquisition of any amount of the QS upon which the crab har vesting cooperative’s annual IFQ per mit was based, provided that the per son acquiring the QS in question has been determined by NMFS to be eligi ble to hold IFQ. Likewise, a crab har vesting cooperative may remove a member if that person no longer holds any of the QS upon which the crab har vesting cooperative’s annual IFQ per mit was based. (2) Inseason membership changes are voluntary. A crab harvesting coopera tive is not required to add or remove members during the fishing season to reflect inseason transfers of QS. Each crab harvesting cooperative is free to establish its own process for deciding whether or not to admit new members or to remove existing members during the fishing season to reflect changes in the QS holdings. No crab harvesting co operative is required to admit a new QS holder that the crab harvesting co operative chooses not to admit, regard less of whether the person in question has acquired any amount of QS upon which the crab harvesting coopera tive’s annual IFQ is based. If a crab VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01040 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 1031 Fishery Conservation and Management § 680.22 harvesting cooperative chooses to make inseason membership changes, then it must comply with paragraph (g)(3) of this section. (3) Application for an inseason change in cooperative membership. To change crab harvesting cooperative member ship, a crab harvesting cooperative must submit to NMFS a revised appli cation for an annual crab harvesting cooperative IFQ permit together with any revised supporting documents that are required to be submitted with the application. The revised application for an annual crab harvesting cooperative IFQ permit must be accompanied by a cover letter that indicates the revi sions that have been made. Upon ap proval of the membership change, NMFS will issue a revised crab har vesting cooperative IFQ permit that re flects the change. A new member may not fish on behalf of a cooperative ex cept as a crab IFQ hired master until NMFS issues a revised crab harvesting cooperative IFQ permit that reflects the change in membership. (4) Successors-in-interest. If a member of a crab harvesting cooperative dies (in the case of an individual) or dis solves (in the case of a business entity), the QS held by that person will be transferred to the legal successor-in-in terest. However, the crab harvesting cooperative IFQs generated by that person’s QS holdings remain under the control of the crab harvesting coopera tive for the valid duration of the crab harvesting cooperative IFQ permit. Each crab harvesting cooperative is free to establish its own internal proce dures for admitting a successor-in-in terest during the fishing season to re flect the transfer of QS due to the death or dissolution of a QS holder. The regulations in this section do not require any crab harvesting coopera tive to admit a successor-in-interest that the cooperative chooses not to admit. If a crab harvesting cooperative chooses to admit the successor-in-in terest for membership, then the crab harvesting cooperative must comply with paragraph (g)(3) of this section. [70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 73 FR 35088, June 20, 2008; 74 FR 51519, Oct. 7, 2009; 80 FR 15897, Mar. 26, 2015; 81 FR 1561, Jan. 13, 2016] § 680.22 Sideboard protections for GOA groundfish fisheries. The regulations in this section re strict the owners of vessels with a his tory of participation in the Bering Sea snow crab fishery from using the in creased flexibility provided by the CR Program to expand their level of par ticipation in GOA groundfish fisheries. These restrictions are commonly known as ‘‘sideboards.’’ (a) Vessels and LLP licenses subject to sideboard restrictions. The sideboard fishing restrictions described in this section are based on a vessel’s fishing history and apply both to the fishing vessel itself and to any LLP license generated by that vessel’s fishing his tory. The criteria used to determine which vessels and LLP licenses are sub ject to GOA groundfish sideboard fish ing restrictions are as follows: (1) Vessels subject to GOA groundfish sideboard directed fishing closures. Any vessel that NMFS has determined meets one or both of the following cri teria is subject to GOA groundfish sideboard directed fishing closures issued under paragraph (e) of this sec tion except when participating in the Rockfish Program authorized under part 679, subpart G, of this chapter. (i) Any non-AFA vessel that made a legal landing of Bering Sea snow crab (C. opilio) between January 1, 1996, and December 31, 2000, that generated any amount of Bering Sea snow crab (C. opilio) fishery QS; and (ii) Any vessel named on an LLP li cense that was generated in whole or in part by the fishing history of a vessel meeting the criteria in paragraph (a)(1)(i) of this section. (2) Vessels prohibited from directed fish ing for Pacific cod in the GOA. Any ves sel that NMFS has determined meets either of the following two criteria is prohibited from directed fishing for Pa cific cod in the GOA: (i) Any vessel subject to GOA ground fish sideboard closures under paragraph (a)(1)(i) of this section that landed less than 50 mt (110,231 lb), in round weight equivalents, of groundfish harvested from the GOA between January 1, 1996, and December 31, 2000, or (ii) Any vessel named on an LLP li cense that was generated in whole or in part by the fishing history of a vessel VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01041 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 1032 50 CFR Ch. VI (10–1–22 Edition) § 680.22 meeting the criteria in paragraph (a)(2)(i) of this section. (3) Vessels and LLP licenses exempt from Pacific cod sideboard closures in the GOA. Any vessel or LLP license that NMFS has determined meets either of the following criteria is exempt from sideboard directed fishing closures for Pacific cod in the GOA: (i) Any vessel subject to GOA ground fish closures under paragraph (a)(1)(i) of this section that landed less than 750,000 lb (340.2 mt), in raw weight equivalents, of Bering Sea snow crab and more than 680 mt (1,499,143 lb), in round weight equivalents, of Pacific cod harvested from the GOA between January 1, 1996, and December 31, 2000; and (ii) Any LLP license that: (A) Was initially issued based on the catch history of a vessel meeting the criteria in paragraph (a)(3)(i) of this section; and (B) Did not generate crab QS based on legal landings from any vessel other than the vessel meeting the criteria in paragraph (a)(3)(i) of this section. (4) Vessels and LLP licenses exempt from pollock sideboard closures in the GOA. Any vessel or LLP license that NMFS has determined meets either of the following criteria is exempt from sideboard directed fishing closures for pollock in the GOA: (i) Any vessel subject to GOA ground fish closures under paragraph (a)(1)(i) of this section that landed less than 1,212,673 lb (550 mt), in raw weight equivalents, of Bering Sea snow crab, and had 20 or more legal landings of pollock harvested from the GOA be tween January 1, 1996, and December 31, 2000; and (ii) Any LLP license that: (A) Was initially issued based on the catch history of a vessel meeting the criteria in paragraph (a)(4)(i) of this section; and (B) Did not generate crab QS based on legal landings from any vessel other than the vessel meeting the criteria in paragraph (a)(4)(i) of this section. (b) Notification of affected vessel own ers and LLP license holders. After NMFS determines which vessels and LLP li censes meet the criteria described in paragraph (a) of this section, NMFS will inform each vessel owner and LLP license holder in writing of the type of sideboard restriction and issue a re vised Federal Fisheries Permit and/or LLP license that displays the restric tion on the face of the permit or li cense. (c) Appeals. A vessel owner or LLP li cense holder who believes that NMFS has incorrectly identified his or her vessel or LLP license as meeting the criteria for a GOA groundfish sideboard restriction may request reconsider ation. All requests for reconsideration must be submitted in writing to the RAM Division, Alaska Region, NMFS, together with any documentation or evidence supporting the request. If the request for reconsideration is denied, affected persons may appeal using the procedures described at § 680.43. (d) Determination of GOA groundfish sideboard ratios. Except for fixed gear sablefish, sideboard ratios for each GOA groundfish species, species group, season, operation type, gear type, and area, for which annual specifications are made, are established according to the following formulas: (1) Pacific cod. The sideboard ratios for Pacific cod are calculated by divid ing the aggregate retained catch of Pa cific cod by vessels that are subject to sideboard directed fishing closures under paragraph (a)(1) of this section and that do not meet the criteria in paragraphs (a)(2) or (a)(3) of this sec tion by the total retained catch of Pa cific cod by all groundfish vessels be tween 1996 and 2000. (2) Pollock. The sideboard ratios for pollock are calculated by dividing the aggregate retained catch of pollock by vessels that are subject to sideboard di rected fishing closures under paragraph (a)(1) of this section and that do not meet the criteria in paragraph (a)(4) of this section by the total retained catch of pollock by all groundfish vessels be tween 1996 and 2000. (3) Groundfish other than Pacific cod and pollock. The sideboard ratios for groundfish species and species groups other than Pacific cod and pollock are calculated by dividing the aggregate landed catch by vessels subject to sideboard directed fishing closures under paragraph (a)(1) of this section VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01042 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 1033 Fishery Conservation and Management ยง 680.22 by the total landed catch of that spe cies by all groundfish vessels between 1996 and 2000. (e) Conversion of sideboard ratios into annual sideboard harvest limits. NMFS will convert sideboard ratios into an nual sideboard harvest limits accord ing to the following procedures. (1) Annual sideboard harvest limits. (i) Except as provided in paragraphs (e)(1)(ii) and (iii) of this section, annual sideboard harvest limits for each groundfish species, except fixed-gear sablefish, will be established by multi plying the sideboard ratios calculated under paragraph (d) of this section by the proposed and final TACs in each area for which a TAC is specified. If a TAC is further apportioned by season, the sideboard harvest limit also will be apportioned by season in the same ratio as the overall TAC. The resulting harvest limits expressed in metric tons will be published in the annual GOA groundfish harvest specification no tices. (ii) NMFS will not establish an an nual sideboard harvest limit for Pacific cod for vessels that catch and process Pacific cod using hook-and-line gear in the Central GOA Regulatory Area if all eligible participants request that the sideboard harvest limit be removed in accordance with the requirements of paragraph (e)(1)(ii)(A) of this section. NMFS will not establish an annual sideboard harvest limit for Pacific cod for vessels that catch and process Pa cific cod using hook-and-line gear in the Western GOA Regulatory Area if all eligible participants request that the sideboard harvest limit be removed in accordance with the requirements of paragraph (e)(1)(ii)(B) of this section. NMFS will publish notification of the removal of the sideboard harvest limit for Pacific cod for vessels that catch and process Pacific cod using hook and-line gear in the Central GOA Regu latory Area or the Western GOA Regu latory Area through the annual GOA groundfish harvest specifications (see ยง 679.20(c)(1)(iii) and (c)(3)(ii)). (A) Central GOA. For the Central GOA Regulatory Area (Statistical Areas 620 and 630; see Figure 3 to 50 CFR part 679), the holders of all LLP li censes listed in Column A of Table 10 to this part must submit to NMFS a completed Request to Extinguish Pa cific Cod Sideboard Limits for Hook and-Line Catcher/Processors in the Western or Central GOA, and the re quest must be received by NMFS on or before May 18, 2016. (B) Western GOA. For the Western GOA Regulatory Area (Statistical Area 610; see Figure 3 to 50 CFR part 679), the holders of all LLP licenses listed in Column B of Table 10 to this part must submit to NMFS a completed Request to Extinguish Pacific Cod Sideboard Limits for Hook-and-Line Catcher/ Processors in the Western or Central GOA, and the request must be received by NMFS on or before May 18, 2016. (iii) NMFS will not establish an an nual sideboard harvest limit for groundfish species, other than Pacific cod apportioned to catcher vessels using pot gear in the Western and Cen tral Regulatory Areas. Directed fishing for groundfish species, other than Pa cific cod apportioned to catcher vessels using pot gear in the Western and Cen tral Regulatory Areas, is prohibited. (2) Sideboard directed fishing allow ance. (i) If the Regional Administrator determines that a harvest limit for a species or species group has been or will be reached, the Regional Adminis trator may establish a sideboard di rected fishing allowance for the species or species group applicable only to the group of crab vessels to which the sideboard limit applies. (ii) If the Regional Administrator de termines that a harvest limit is insuffi cient to support a directed fishery for that species or species group, then the Regional Administrator may set the sideboard directed fishing allowance at zero for that species or species group. (3) Directed fishing closures. Upon at tainment of a sideboard directed fish ing allowance, the Regional Adminis trator will publish notification in the FEDERAL REGISTER prohibiting directed fishing for the species or species group in the specified subarea, regulatory area, or district. A directed fishing clo sure is effective for the duration of the fishing year or season. (f) Sideboard protections in the State of Alaska parallel groundfish fisheries. Ves sels subject to the sideboard restric tions under paragraph (a) of this sec tion, with a Federal Fisheries Permit VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01043 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 1034 50 CFR Ch. VI (10–1–22 Edition) § 680.23 or LLP license, shall be subject to the regulations of this section while par ticipating in any groundfish fishery in State waters adjacent to the GOA opened by the State of Alaska and for which the State of Alaska adopts a Federal fishing season. [70 FR 10241, Mar. 2, 2005, as amended at 71 FR 38301, July 6, 2006; 76 FR 35780, June 20, 2011; 76 FR 74690, Dec. 1, 2011; 80 FR 28545, May 19, 2015; 84 FR 2731, Feb. 8, 2019; 86 FR 11904, Mar. 1, 2021] § 680.23 Equipment and operational requirements. (a) Catcher vessel requirements. A catcher vessel used to harvest CR crab must: (1) Carry and use a VMS as described in paragraph (d) of this section; (2) Land all retained crab to an RCR operating under an approved catch monitoring plan as described in para graph (g) of this section; (b) Catcher/processor requirements. A catcher/processor used to harvest CR crab must: (1) Carry and use a VMS as described in paragraph (d) of this section; (2) Weigh all retained crab to be proc essed on board, in its raw form, on a scale approved by NMFS as described in paragraph (e) of this section; (3) Land all retained crab not proc essed on board at an RCR; (4) Offload all CR crab product proc essed onboard at a shoreside location in the United States accessible by road or regularly scheduled air service; and (5) Provide an approved observer platform scale and test weights that meet the requirements in paragraph (e) of this section. (c) RCR requirements. An RCR must: (1) Ensure that all CR crab landings are weighed on a scale approved by the State in which the landing takes place. (2) Ensure that all crab landing and weighing be conducted as specified in an approved crab monitoring plan as described in paragraph (g) of this sec tion, and that a copy of the crab moni toring plan is made available to NMFS personnel or authorized officer upon demand. (d) Vessel Monitoring System (VMS) re quirements—(1) General requirements. General VMS requirements concerning the approval and installation of VMS components and the responsibilities of vessel owners and operators are de tailed at § 679.28(f)(1) through (5). (2) VMS transmission requirements. A vessel’s transmitter must be transmit ting if: (i) The vessel is operating in any re porting area (see definitions at § 679.2) off Alaska; (ii) The vessel has crab pots or crab pot hauling equipment, or a crab pot launcher onboard; and (iii) The vessel has or is required to have a Federal crab vessel permit for that crab fishing year. (e) Scales approved by NMFS. To be approved by NMFS, a scale used to weigh crab at sea must meet the type evaluation and initial inspection re quirements set forth in § 679.28(b)(1) and (2). Once a scale is installed on a vessel and approved by NMFS for use, it must be reinspected annually as described in § 679.28(b) by requesting a scale inspec tion from NMFS. Each scale must be tested daily and meet the maximum permissible error (MPE) requirements described in paragraph (e)(1) of this section. (1) At-sea scale tests. To verify that the scale meets the MPEs specified in this paragraph, the vessel operator must test each scale or scale system used to weigh CR crab one time during each 24-hour period when use of the scale is required. The vessel owner must ensure that these tests are per formed in an accurate and timely man ner. (i) Belt scales. The MPE for the daily at-sea scale tests is plus or minus 3 percent of the known weight of the test material. The scale must be tested by weighing at least 400 kg (882 lb) of crab or an alternative material supplied by the scale manufacturer on the scale under test. The known weight of the test material must be determined by weighing it on a platform scale ap proved for use under § 679.28 (b)(7). (ii) Automatic hopper scales. An auto matic hopper scale must be tested at its minimum and maximum capacity with approved test weights. Test weights must be placed in the bottom of the hopper unless an alternative testing method is approved by NMFS. The MPE for the daily at-sea scale VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01044 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 1035 Fishery Conservation and Management ยง 680.23 tests is plus or minus 2 percent of the weight of the approved test weights. (iii) Platform scales used for observer sampling. A platform scale used for ob server sampling must be tested at 10, 25, and 50 kg (or 20, 50, and 100 lb if the scale is denominated in pounds) using approved test weights. The MPE for the daily at-sea scale test is plus or minus 0.5 percent if the scale is used to determine the known weight of test material for the purpose of testing a belt scale. If the scale is not used for that purpose, the MPE for the daily at sea scale test is plus or minus 1 per cent. (iv) Approved 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 In stitute of Standards and Technology approved metrology laboratory or ap proved for continued use by the NMFS authorized inspector at the time of the annual scale inspection. (v) 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 and record the following 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 weights; (5) Weight of test weights recorded by scale; (6) Percent error as determined by subtracting the known weight of the test weights from the weight recorded on the scale, dividing that amount by the known weight of the test weights, and multiplying by 100; and (7) Sea conditions at the time of the scale test. (C) Maintain the test report form on board the vessel until the end of the crab fishing year during which the tests were conducted, and make the re port forms available to observers, NMFS personnel, or an authorized offi cer. In addition, the vessel owner must retain the scale test report forms for 3 years after the end of the crab fishing year during which the tests were per formed. All scale test report forms must be signed by the vessel operator. (2) 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 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 inac curately. (3) Printed reports from the scale. 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 NMFS or NMFS authorized personnel. In addition, the vessel owner must re tain printed reports 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 prior to submitting a CR crab landing report as described in ยง 680.5. 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 crab vessel permit number; (B) The weight of each load in the weighing cycle (hopper scales only); (C) The date and time the informa tion was printed; (D) The total amount weighed since the last printout was made; and (E) The total cumulative weight of all crab 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 50 CFR part 679. The printed report must be provided to the authorized scale in spector at each scale inspection and must also be printed at any time upon request of NMFS staff or other NMFS authorized personnel. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01045 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 1036 50 CFR Ch. VI (10–1–22 Edition) § 680.23 (iii) Platform scales used for observer sampling. A platform scale used for ob server sampling is not required to produce a printed record unless that scale is also used to obtain raw weight for a CR crab landing report. (4) Scale installation requirements. Un less otherwise approved by NMFS, a scale used to obtain raw weight for a CR crab landing report must be in stalled such that: (i) From the location where the ob server samples unsorted crab, the ob server can ensure that all crab are being weighed; (ii) The scale may not be installed in a manner that facilitates bypassing. It must not be possible for the scale in spector and an assistant to bypass the scale with 100 kg (220 lb) of test mate rial in less than 20 seconds. (f) Scales approved by the state. Scale requirements in this paragraph are in addition to those requirements set forth by the State in which the scale is approved, and nothing in this para graph may be construed to reduce or supersede the authority of the State to regulate, test, or approve scales within the State. Scales used to weigh CR crab that are also required to be ap proved by the State must meet the fol lowing requirements: (1) Verification of approval. The scale must display a valid State sticker indi cating that the scale was inspected and approved within the previous 12 months. (2) Visibility. An RCR must ensure that the scale and scale display are visible simultaneously. NMFS per sonnel or NMFS authorized personnel, including observers, must be allowed to observe the weighing of crab on the scale and be allowed to read the scale display at all times. (3) Printed scale weights. (i) An RCR must ensure that printouts of the scale weight of each delivery are made avail able to NMFS personnel or to NMFS authorized personnel, including observ ers, at the time printouts are gen erated. An RCR must maintain print outs on site until the end of the fishing year during which the printouts were made and make them available upon request by an authorized officer for 3 years after the end of the fishing year during which the printout was made. (ii) A scale used to weigh any portion of a landing of CR crab must produce a printed record for each landing, or por tion of each landing, weighed on that scale. The printed record must include: (A) The RCR’s name; (B) The weight of each load in the weighing cycle; (C) The total weight of crab in each landing, or portion of the landing that was weighed on that scale; (D) The date and time the informa tion is printed; and (E) The name and ADF&G vessel reg istration number of the vessel making the delivery. The scale operator may write this information on the scale printout in ink at the time of landing. (4) Inseason scale testing. Scales used to weigh CR crab must be tested by RCR personnel when testing is re quested by NMFS-staff or by NMFS-au thorized personnel. (i) Inseason testing criteria. To pass an inseason test, NMFS staff or NMFS-au thorized personnel will verify that the scale display and printed information are clear and easily read under all con ditions of normal operation, that weight values are visible on the display until the value is printed, and that the scale does not exceed the maximum permissible errors specified in the fol lowing table: Test load in scale divisions Maximum error in scale divisions (A) 0-500 ........................................................ 1 (B) 501-2,000 ................................................. 2 (C) 2,001-4,000 ............................................. 3 (D) >4,000 ..................................................... 4 (ii) Test weight requirements. Scales must be tested with the amount and type of weight specified for each scale type in the following tables under para graphs (f)(4)(ii)(A) through (f)(4)(ii)(D) of this section: (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. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01046 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 1037 Fishery Conservation and Management § 680.23 Certified test weights Other test material (1) Minimum weighment or 10 kg (20 lb), whichever is greater. Minimum. (2) 25 percent of maximum of 150 kg (300 lb), whichever is greater. Maximum. (C) Platform, flatbed or hanging scales less than 150 kg (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, flatbed or hanging scales >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. (iii) Certified test weights. An RCR must ensure that there are sufficient test weights on-site to test each scale used to weigh CR crab. 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. (iv) Other test material. When per mitted in paragraph (f)(4)(ii) of this section, a scale may be tested with test material other than certified test weights. (g) Crab Monitoring Plans (CMP). A CMP is a plan submitted by an RCR for each location or processing vessel where the RCR wishes to take deliv eries of CR crab. The CMP must detail how the RCR will meet the catch moni toring standards detailed in paragraph (g)(5) of this section. An RCR that processes only CR crab harvested under a CPO or CPC IFQ permit is not re quired to prepare a CMP. (1) CMP Approval. NMFS will approve a CMP if it meets all the performance standards specified in paragraph (g)(5) of this section. The location or vessel identified in the CMP may be inspected by NMFS prior to approval of the CMP to ensure that the location conforms to the elements addressed in the CMP. If NMFS disapproves a CMP, the plant owner or manager may resubmit a re vised CMP or file an administrative ap peal as set forth under the administra tive appeals procedures described in § 679.43. (2) Inspection scheduling. The time and place of a CMP inspection may be arranged by submitting a written re quest for an inspection to NMFS, Alas ka Region. An inspection must be re quested no less than 10 working days before the requested inspection date. NMFS staff will conduct CMP inspec tions in any port located in the United States that can be reached by regularly scheduled commercial air service. 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, fac simile number, and e-mail address (if available) of the person submitting the application; and (iii) A proposed CMP detailing how the RCR will meet each of the stand ards in paragraph (g)(5) of this section. (3) Approval period. NMFS will ap prove a CMP for 1 year if it meets the performance standards specified in paragraph (e)(2) of this section. An owner or manager must notify NMFS in writing if changes are made in plant operations or layout that do not con form to the CMP. (4) Changing an approved CMP. An RCR may change an approved CMP by submitting a CMP addendum to NMFS. Depending on the nature and mag nitude of the change requested, NMFS may require a CMP inspection as de scribed in paragraph (g)(2) of this sec tion. A CMP addendum must contain: (i) Name and signature of the person submitting the addendum; (ii) Address, telephone number, fac simile number and e-mail address (if available) of the person submitting the addendum; and (iii) A complete description of the proposed CMP change. (5) CMP standards—(i) Crab sorting and weighing requirements. All crab, in cluding crab parts and crab that are dead or otherwise unmarketable, deliv ered to the RCR must be sorted and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01047 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 1038 50 CFR Ch. VI (10–1–22 Edition) § 680.30 weighed by species. The CMP must de tail how and where crab are sorted and weighed. (ii) Scales used for weighing crab. The CMP must identify by serial number each scale used to weigh crab and de scribe the rationale for its use. (iii) Scale testing procedures. Scales identified in the CMP must be accurate within the limits specified in para graph (f)(4)(i) of this section. For each scale identified in the CMP 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 names of the personnel responsible for conducting the scale testing. (iv) Printed record. An RCR must en sure that the scale produces a complete and accurate printed record of the weight of each species in a landing. All of the crab in a delivery must be weighed on a scale capable of pro ducing a complete printed record as de scribed in paragraph (e)(3) of this sec tion. A printed record of each landing must be printed before the RCR sub mits a CR crab landing report. (v) Observation area. Each CMP must designate an observation area. The ob servation area is a location designated on the CMP where an individual may monitor the offloading and weighing of crab. The observation area must meet the following standards: (A) Access to the observation area. The observation area must be freely acces sible to observer, NMFS staff or en forcement aides at any time during the effective period of the CMP. (B) Monitoring the offloading and weighing of crab. From the observation area, an individual must have an unob structed view or otherwise be able to monitor the entire offload of crab be tween the first location where crab are removed from the boat and a location where all sorting has taken place and each species has been weighed. (C) Other requirements. The observa tion area must be sheltered from the weather and not exposed to unreason able safety hazards. (vi) Plant liaison. The CMP must des ignate a plant liaison. The plant liai son is responsible for: (A) Orienting new observers, NMFS staff and enforcement aides to the plant; (B) Assisting in the resolution of ob server concerns; and (C) Informing NMFS if changes must be made to the CMP. (vii) Drawing to scale of delivery loca tion. The CMP must be accompanied by a drawing to scale of the delivery loca tion or vessel showing: (A) Where and how crab are removed from the delivering vessel; (B) The observation area; (C) The location of each scale used to weigh crab; and (D) Each location where crab is sort ed. (viii) Single geographic location. All offload and weighing locations detailed in a CMP must be located on the same vessel or in the same geographic loca tion. If a CMP describes facilities for the offloading of vessels at more than one location, it must be possible to see all locations simultaneously. [70 FR 10241, Mar. 2, 2005, as amended at 70 FR 75421, Dec. 20, 2005; 73 FR 76190, Dec. 15, 2008; 75 FR 56486, Sept. 16, 2010] § 680.30 [Reserved] Subpart C—Quota Management Measures § 680.40 Crab Quota Share (QS), Proc essor QS (PQS), Individual Fishing Quota (IFQ), and Individual Proc essor Quota (IPQ) Issuance. (a) Crab QS and Crab QS fisheries. The Regional Administrator will issue crab QS for the crab QS fisheries defined in paragraph (a)(1) of this section. The Regional Administrator will annually issue IFQ based on the amount of QS a person holds. Crab harvested and re tained in each crab QS fishery may be harvested and retained only by persons holding the appropriate crab IFQ for that crab QS fishery. (1) Allocations. With the exception of the WAI golden king crab fishery, the Regional Administrator shall annually apportion 10 percent of the TAC speci fied by the State of Alaska for each of the fisheries described in Table 1 to VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01048 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 1039 Fishery Conservation and Management § 680.40 this part to the Western Alaska CDQ program. Ten percent of the TAC in the Western Aleutian Islands golden king crab fishery will be allocated to the Adak community entity. The remain ing TACs for the crab QS fisheries will be apportioned for use by QS holders in each fishery. (2) Official crab rationalization record. The official crab rationalization record will be used to determine the amount of QS that is to be allocated for each crab QS fishery. The official crab ra tionalization record is presumed to be correct. An applicant for QS has the burden to prove otherwise. For the pur poses of creating the official crab ra tionalization record the Regional Ad ministrator will presume the following: (i) An LLP license is presumed to have been used onboard the same vessel from which that LLP is derived, unless documentation is provided establishing otherwise. (ii) If more than one person is claim ing the same legal landings or legal processing activities, then each person eligible to receive QS or PQS based on those activities will receive an equal share of any resulting QS or PQS un less the applicants can provide written documentation establishing an alter native means for distributing the QS or PQS. (iii) For the purposes of determining eligibility for CPO QS, a person is pre sumed to have processed BSAI crab in 1998 or 1999 if the vessel on which the applicant’s LLP license is based proc essed such crab in those years. (b) QS sectors and regional designa tions—(1) General. The Regional Admin istrator shall initially assign to quali fied persons, crab QS that are specific to the crab QS fisheries defined in paragraph (a)(1) of this section. The crab QS amount issued will be based on legal landings made on vessels author ized to participate in those fisheries in four QS sectors: (i) Catcher Vessel Owner (CVO) QS shall be initially issued to qualified persons defined in paragraph (b)(3) of this section based on legal landings of unprocessed crab. (ii) Catcher Vessel Crew (CVC) QS shall be initially issued to qualified persons defined in paragraph (b)(3) of this sec tion based on legal landings of unproc essed crab. (iii) Catcher/Processor Owner (CPO) QS shall be initially issued to qualified persons defined in paragraph (b)(3) of this section based on legal landings of crab that were harvested and processed on the same vessel. (iv) Catcher/Processor Crew (CPC) QS shall be initially issued to qualified persons defined in paragraph (b)(3) of this section based on legal landings of crab that were harvested and processed on the same vessel. (2) Regional designations. (i) Regional designations apply to: (A) North QS if the legal landings that gave rise to the QS for a crab QS fishery were landed in the Bering Sea subarea north of 56°20′ N. lat.; or (B) South QS if the legal landings that gave rise to the QS for a crab QS fishery were not landed in the North Region, and all CVO QS allocated to the WAI crab QS fishery; or (C) West QS for a portion of the QS al located to the WAG crab QS fishery subject to the provisions under § 680.40(c)(4). (ii) Regional designations do not apply (Undesignated QS) to: (A) Crab QS for the EBT or WBT crab QS fishery; (B) Crab QS for that portion of the WAG QS fishery not regionally des ignated for the West region; (C) CVC QS; (D) CPO QS unless that QS is trans ferred to the CVO QS sector, in which case the regional designation is made by the recipient of the resulting CVO QS at the time of transfer; and (E) CPC QS. (iii) The regional designations that apply to each of the crab QS fisheries are specified in the following table: Crab QS Fishery North Region South Region West Region Undesignated Region (A) EAG X X (B) WAG X X VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01049 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 1040 50 CFR Ch. VI (10–1–22 Edition) § 680.40 Crab QS Fishery North Region South Region West Region Undesignated Region (C) EBT X (D) WBT X (E) BSS X X (F) BBR X X (G) PIK X X (H) SMB X X (I) WAI X (iv) The regional designation ratios applied to QS and PQS for each crab QS fishery will be established based on the regional designations determined on August 1, 2005. QS or PQS issued after this date will be issued in the same ratio. (3) Qualified person means, for the purposes of QS issuance, a person, as defined in § 679.2, who at the time of ap plication for QS meets the following criteria for each of the QS sectors: (i) CVO QS. Holds one or more perma nent, fully transferable crab LLP li censes and is a citizen of the United States; (ii) CPO QS. (A) Holds one or more permanent, fully transferable crab LLP licenses with a Catcher/Processor des ignation and is a citizen of the United States; and (B) Harvested and processed at sea any crab species in any BSAI crab fish ery during the years 1998 or 1999. (iii) CVC QS and CPC QS. (A) Is an in dividual who is a citizen of the United States, or his or her successor-in-inter est if that individual is deceased; (B) Has historical participation in the fishery demonstrated by being the individual named on a State of Alaska Interim Use Permit for a QS crab fish ery and made at least one legal landing per year for any 3 eligibility years under that permit based on data from fish tickets maintained by the State of Alaska. The qualifying years are de scribed in Column C of Table 7 to this part. (C) Has recent participation in the fishery demonstrated by being the indi vidual named on a State of Alaska In terim Use Permit for a QS crab fishery and made at least one legal landing under that permit in any 2 of 3 seasons based on data from fish tickets main tained by the State of Alaska. Those seasons are defined in Column D of Table 7 to this part; except that the re quirement for recent participation does not apply if: (1) The legal landings that qualify the individual for QS in the PIK crab QS fishery were made from a vessel that was less than 60 feet length over all; or (2) If the individual who is otherwise eligible to receive an initial issuance of QS died while working as part of a har vesting crew in any U.S. commercial fishery. (4) Qualification for initial allocation of QS—(i) Qualifying year. The qualifying years for each crab QS fishery are de scribed in Column B of Table 7 to this part. (ii) Legal landing of crab means, for the purpose of initial allocation of QS, crab harvested during the qualifying years specified in Column B of Table 7 to this part and landed in compliance with state and Federal permitting, landing, and reporting regulations in effect at the time of the landing. (A) Legal landings exclude any deadloss, test fishing, fishing con ducted under an experimental, explor atory, or scientific activity permit, or the fishery conducted under the West ern Alaska CDQ Program. (B) Landings made onboard a vessel that gave rise to a crab LLP license or made under the authority of an LLP li cense are non-severable from the crab LLP license until QS has been issued for those legal landings, except as pro vided for in paragraph (c)(2)(vii) of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01050 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 1041 Fishery Conservation and Management § 680.40 (C) Landings may only be used once for each QS sector for the purposes of allocating QS. (D) Landings made from vessels which are used for purposes of receiv ing compensation through the BSAI Crab Capacity Reduction Program may not be used for the allocation of CVO QS or CPO QS. (E) Legal landings for purposes of al locating QS for a crab QS fishery only include those landings that resulted in the issuance of an LLP license en dorsed for that crab QS fishery, or landings that were made in that crab QS fishery under the authority of an LLP license endorsed for that crab QS fishery, except as provided for in para graph (c)(2)(vii) of this section. (iii) Documentation. Evidence of legal landings shall be limited to State of Alaska fish tickets. (c) Calculation of QS allocation—(1) General. (i) For each permanent, fully transferable crab LLP license under which an applicant applies, CVO and CPO QS will be based on legal landings that resulted in the issuance of that li cense or from legal landings that were made under the authority of that li cense. (ii) For each State of Alaska Interim Use Permit under which an applicant applies for CVC QS or CPC QS, the ini tial allocation of QS will be based on the legal landings that were made under the authority of that permit. (2) Computation for initial issuance of QS. (i) Based on the official crab ra tionalization record the Regional Ad ministrator shall derive the annual harvest denominator (AHD) that rep resents the amount of legally landed crab in each crab QS fishery in each qualifying year as established in Col umn B of Table 7 to this part. (ii) The initial QS pool is described in Table 8 to this part. (iii) A person’s initial allocation of QS shall be based on a percentage of the legal landings for the applicable sector in each crab QS fishery: (A) Associated with crab LLP li censes held by the applicant for CVO or CPO QS; or (B) Authorized under a State of Alas ka Interim Use Permit held by the ap plicant for CVC or CPC QS. (iv) The Regional Administrator shall calculate the allocation of CVO and CPO QS for each crab QS fishery ‘‘f’’ based on each fully transferable LLP license ‘‘l’’ held by a qualified per son by the following formulas: (A) Sum legal landings for each qualifying year, as described in Column B of Table 7 to this part, and divide that amount by the AHD for that year as follows: (s legal landingslf/AHDf) × 100 = Per centage of the AHDlf (B) In those fisheries where only a subset of the qualifying years are ap plied, the Regional Administrator will use the years that yield the highest percentages of each AHD as calculated in paragraph (c)(2)(iv)(A) of this sec tion. (C) Sum the highest percentages of the AHD’s for that license as cal culated under paragraph (c)(2)(iv)(B) of this section and divide by the number in Column E of Table 7 to this part (Subset of Qualifying Years). This yields the Average Percentage as pre sented in the following equation: s Percentages of the AHDlf/Subset of Qualifying Yearsf = Average Per centagelf (D) Divide the Average percentage in paragraph (c)(2)(iv)(C) of this section for a license and fishery by the Sum of all Average Percentages for all licenses for that fishery as presented in the fol lowing equation: Average Percentagelf/s Average Per centagesf = Percentage of the Total Percentageslf (E) Multiply the Percentage of the Total Percentages in paragraph (c)(2)(iv)(D) of this section by the Ini tial QS Pool as described in Table 8 to this part. This yields the unadjusted number of QS units derived from a li cense for a fishery. (F) Multiply the unadjusted number of QS units in paragraph (c)(2)(iv)(E) of this section by 97 percent. This yields the number of QS units to be allocated. (G) Determine the percentage of legal landings in the subset of qualifying years associated with a LLP license with a catcher/processor designation that were processed on that vessel and multiply the amount calculated in VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01051 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 1042 50 CFR Ch. VI (10–1–22 Edition) § 680.40 paragraph (c)(2)(iv)(F) of this section by this percentage. This yields the amount of CPO QS to be allocated. (H) Determine the percentage of legal landings in the subset of qualifying years associated with a LLP license that were not processed on that vessel and multiply the amount calculated in paragraph (c)(2)(iv)(F) of this section by this percentage. This yields the amount of CVO QS to be allocated. (I) Determine the percentage of legal landings associated with an LLP li cense in the subset of qualifying years that were delivered in each region as defined in paragraph (b)(2) of this sec tion. The amount calculated in para graph (c)(2)(iv)(H) of this section is multiplied by the percentage for each region. (J) The percentage calculated in paragraph (c)(2)(iv)(I) of this section may be adjusted according to the pro visions at paragraphs (c)(3) and (c)(4) of this section. (v) As shown in the formulas under this paragraph (c)(2)(v), the allocation of CVC and CPC QS for each crab QS fishery ‘‘f’’ based on each State of Alas ka Interim Use Permit ‘‘i’’ held by each qualified person shall be cal culated by the Regional Administrator as follows: (A) Sum legal landings for each qualifying year as described in Column B of Table 7 to this part and divide that amount by the AHD for that year using the following equation: (s legal landingsif/AHDf) × 100 = Per centage of the AHDif (B) In those fisheries where only a subset of the qualifying years are ap plied, the Regional Administrator will use the years that yield the highest percentages of the AHD as calculated in paragraph (c)(2)(v)(A) of this section. (C) Sum the highest percentages of the AHDs for that license calculated under paragraph (c)(2)(v)(B) of this sec tion and divide by the number in Col umn E of Table 7 to this part (Subset of Qualifying Years). This yields the Av erage Percentage as presented in the following equation: s Percentages of the AHDlf/Subset of Qualifying Yearsf = Average Per centageif (D) Divide the Average Percentage in paragraph (c)(2)(v)(C) of this section for a permit and fishery by the Sum of all Average Percentages for all permits for that fishery as presented in the fol lowing equation: Average Percentageif/s Average Per centagesf = Percentage of the Total Percentagesif (E) Multiply the Percentage of the Total Percentages in paragraph (c)(2)(v)(E) of this section by the Initial QS Pool as described in Table 8 to this part. This yields the unadjusted num ber of QS units derived from a permit for a fishery. (F) Multiply the unadjusted number of QS units in paragraph (c)(2)(v)(E) of this section by 3 percent. This yields the number of QS units to be allocated. (G) Determine the percentage of legal landings in the subset of qualifying years associated with a permit that were processed on that vessel and mul tiply the amount calculated in para graph (c)(2)(v)(F) of this section by this percentage. This yields the amount of CPC QS to be allocated. (H) Determine the percentage of legal landings in the subset of qualifying years associated with a permit that were not processed on that vessel and multiply the amount calculated in paragraph (c)(2)(v)(F) of this section by this percentage. This yields the amount of CVC QS to be allocated. (I) Determine the percentage of legal landings associated with a permit in the subset of qualifying years that were delivered in each region as de fined in paragraph (b)(2) of this section. The amount calculated in paragraph (c)(2)(v)(H) of this section is multiplied by the percentage for each region. (J) The percentage calculated in paragraph (c)(2)(v)(I) of this section may be adjusted according to the pro visions at paragraphs (c)(3) and (c)(4) of this section. The amount calculated in paragraph (c)(2)(v)(H) of this section is multiplied by the percentage for each region. These regional QS designations do not apply to CVC QS. (vi) Sunken vessel provisions. (A) If a person applies for CVO QS or CPO QS based, in whole or in part, on the ac tivities of a vessel that sank, the Re gional Administrator shall presume VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01052 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 1043 Fishery Conservation and Management § 680.40 landings for that vessel for the crab fishing years between the time of ves sel loss and the replacement of the ves sel under § 679.4(k)(5)(v) of this chapter. These presumed landings shall be equivalent to 50 percent of the average legal landings for the qualifying years established in Column B of Table 7 to this part unaffected by the sinking. If the vessel sank during a qualifying year, the legal landings for that year will not be used as the basis for pre sumed landings; (B) If a person applies for CVO QS or CPO QS based, in whole or in part, on the activities of a vessel that sank and: (1) The person who owned the vessel that sank would have been denied eligi bility to replace a sunken vessel under the provisions of Public Law 106–554; and (2) The vessel that sank was replaced with a newly constructed vessel, with that vessel under construction no later than June 10, 2002. For purposes of this section a vessel is considered under construction once the keel for that ves sel has been laid; and (3) The newly constructed vessel par ticipated in any Bering Sea crab fish ery no later than October 31, 2002; (4) Then the Regional Administrator shall presume landings for that vessel for the crab fishing years between the time of vessel loss and the replacement of the vessel. These presumed landings shall be equivalent to 50 percent of the average legal landings for the quali fying years established in Column B of Table 7 to this part unaffected by the sinking. If the vessel sank during a qualifying year, the legal landings for that year will not be used as the basis for presumed landings. (vii) LLP license history exemption. An applicant for CVO or CPO QS who: (A) Deployed a vessel in a crab QS fishery under the authority of an in terim or permanent fully transferable LLP license; and (B) Prior to January 1, 2002, received by transfer, as authorized by NMFS, a permanent fully transferable LLP li cense for use in that crab QS fishery to insure that a vessel would remain au thorized to participate in the fishery, may choose to use as the legal landings which are the basis for QS allocation on his or her application for crab QS or PQS either: (1) The legal landings made on that vessel for that crab QS fishery prior to the transfer of the permanent fully transferable LLP license for use on that vessel; or (2) The legal landings made on the vessel that gave rise to the permanent fully transferable LLP license and the legal landings made under the author ity of that same LLP license in that crab QS fishery prior to January 1, 2002. (C) If the history described in para graph (c)(2)(vii)(B)(1) of this section is being used by another person for an al location with an LLP license, then the allocation in paragraph (c)(2)(vii) will be based on the legal landings as de scribed under paragraph (c)(2)(vii)(B)(2) of this section. (3) Adjustment of CVO and CVC QS al location for North and South regional des ignation. The Regional Administrator may adjust the regional designation of QS to ensure that it is initially allo cated in the same proportion as the re gional designation of PQS for that crab QS fishery. A person who would receive QS based on the legal landings in only one region, will receive QS with only that regional designation. A person who would receive QS with more than one regional designation for that crab QS fishery would have his or her QS holdings regionally adjusted on a pro rata basis as follows: (i) Determine the ratio of the Initial PQS pool in the North and South re gions. (ii) Multiply the Initial QS pool by the ratio of North and South PQS. This will yield the target QS pool for each region. (iii) Sum the QS for all persons who are eligible to receive North QS yield ing the unadjusted North QS pool, and sum the QS for all persons who are eli gible to receive South QS yielding the unadjusted South QS pool. (iv) To calculate the amount of QS available for adjustment, subtract the amount of QS for persons receiving North only QS from the unadjusted North QS pool and subtract the amount of QS for persons receiving South only QS from the unadjusted South QS pool, VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01053 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 1044 50 CFR Ch. VI (10–1–22 Edition) § 680.40 as presented in the following equa tions: (A) Unadj. North QS ¥North QS only = North QS for [North & South] QS holders. (B) Unadj. South QS ¥South QS only = South QS for [North & South] QS holders. (v) Determine which region becomes the gaining region if the target QS pool is greater than the unadjusted QS pool. (vi) Subtract the gaining region unadjusted QS pool from the gaining region target QS pool to calculate the number of QS units that need to be ap plied to the gaining region. This amount is the Adjustment Amount as presented in the following equation: Unadj. gaining region QS ¥Target gaining region QS pool = Adjust ment Amount (vii) Divide the Adjustment Amount by the unadjusted losing region QS pool for North and South QS holders. This yields the regional adjustment factor (RAF) for each person as pre sented in the following equation: Adj. Amount/unadjusted losing region QS pool for [North & South] QS holders = RAF (viii) For each person (p) who holds both North and South Region QS, the QS adjustment (QS Adj. (p)) to that person’s Unadjusted losing region QS is expressed in the following equation as: QS adj. p = Unadjusted losing region QS p × RAF (ix) The QS adjustment for person (p) is made by subtracting the QS adjust ment from that person’s unadjusted losing region QS amount and added to that person’s unadjusted gaining re gion QS. These adjustments will yield the regional adjustment QS amounts for that person. (4) Regional designation of Western Aleutian Islands golden king crab. Fifty percent of the CVO QS that is issued in the WAG crab QS fishery will be ini tially issued with a West regional des ignation. The West regional designa tion applies to QS for delivery west of 174° W. longitude. The remaining 50 percent of the CVO QS initially issued for this fishery is not subject to re gional designation (Undesignated QS). A person (p) who would receive QS based on the legal landings in only one region will receive QS with only that regional designation. A person who would receive QS with more than one regional designation for that crab QS fishery would have his or her QS hold ings regionally adjusted on a pro rata basis as follows: (i) The West QS pool is equal to 50 percent of the initial QS pool. (ii) The Undesignated QS pool is equal to 50 percent of the initial QS pool. (iii) Sum the QS for all persons who are eligible to receive West QS yielding the unadjusted West QS pool, and sum the QS for all persons who are eligible to receive undesignated QS yielding the unadjusted undesignated QS pool. (iv) To calculate the amount of QS available for adjustment, subtract the amount of QS for persons receiving West only QS from the unadjusted West QS pool and subtract the amount of QS for persons receiving undesig nated only QS from the unadjusted un designated QS pool, as presented in the following equation: (A) Unadj. West QS¥West QS only = West QS for [West & Undesignated] QS holders. (B) Unadj. Undesignated QS¥Undesignated QS only = Undesig nated QS for [West & Undesignated] QS holders. (v) Subtract the gaining region Unadjusted QS pool from the gaining region Target QS pool to calculate the number of QS units that will need to be applied to the gaining region. This amount is the Adjustment Amount as presented in the following equation: Target gaining region QS pool¥unadjusted region QS = Ad justment Amount (vi) Divide the Adjustment Amount by the unadjusted losing region QS pool for West and Undesignated QS holders. This yields the regional ad justment factor (RAF) for each person as presented in the following equation: Adj. Amount/unadjusted losing region QS pool for West & Undesignated QS holders = RAF (vii) For each person (p) who holds both unadjusted West and Undesig nated Region QS, the QS adjustment VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01054 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 1045 Fishery Conservation and Management § 680.40 (QS Adj. p) to that person’s Unadjusted West QS is expressed in the following equation as: QS adj. p = Unadjusted West QS p × RAF (viii) The QS adjustment for person (p) is made by subtracting the QS ad justment for that person’s unadjusted losing region QS amount and sub tracted from that person’s unadjusted gaining region QS. These adjustments will yield the regional adjustment QS amounts for that person. (5) Issuance of converted CPO QS. (i) For each crab fishing year, the Re gional Administrator may issue con verted CPO QS for the BBR or BSS crab QS fishery with a North Region designation to an entity described in paragraph (c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) of this section if NMFS has approved an application for converted CPO QS/IFQ for that crab fishing year. (ii) Entity A is comprised only of Yardarm Knot, Inc. (NMFS ID # 675). (iii) Entity B is comprised only of Blue Dutch, LLC (NMFS ID # 3163). (iv) Entity C is comprised only of Trident Seafoods, Inc. (NMFS ID # 8184). (v) NMFS will issue Entity A, B, or C, described in paragraphs (c)(5)(ii) through (c)(5)(iv) of this section, one unit of converted CPO for each unit of CVO QS and 0.9 units of PQS indicated in an approved application for con verted CPO QS/IFQ. (vi) For each crab fishing year, the Regional Administrator will not issue CPO QS for the BBR or BSS crab QS fishery: (A) To Entity A described in para graph (c)(5)(ii) of this section that is greater than the amount of converted CPO QS that may be derived from the amount of PQS units with a North Re gion designation initially issued by NMFS to Yardarm Knot, Inc. (NMFS ID # 675), and any affiliates of Yardarm Knot, Inc., as listed on an annual appli cation for converted CPO QS/IFQ for that crab fishing year; (B) To Entity B described in para graph (c)(5)(iii) of this section that is greater than the amount of converted CPO QS that may be derived from the amount of PQS units with a North Re gion designation initially issued by NMFS to Blue Dutch, LLC, (NMFS ID # 3163) under paragraph (e)(3) of this section and any affiliates of Blue Dutch, LLC, as listed on an annual ap plication for annual application for converted CPO QS/IFQ for that crab fishing year; and (C) To Entity C described in para graph (c)(5)(iv) of this section that is greater than the amount of converted CPO QS that may be derived from the amount of CVO QS units with a North Region designation initially issued by NMFS to Trident Seafoods, Inc. (NMFS ID # 8184), and any affiliates of Trident Seafoods, Inc., as listed on an annual application for converted CPO QS/IFQ for that crab fishing year; (vii) CPO IFQ derived from converted CPO QS may be issued to a crab har vesting cooperative only if the entity described in paragraph (c)(5)(ii), (c)(5)(iii), or (c)(5)(iv) of this section holding the converted CPO QS is a member of that crab harvesting cooper ative. (6) Offloading requirements for CPO IFQ derived from converted CPO QS. Any crab harvested under a CPO IFQ permit derived from converted CPO QS must be offloaded in the Bering Sea subarea north of 56°20′ N. lat. (d) Crab PQS and Crab PQS Fisheries— (1) General. The Regional Adminis trator shall initially assign to qualified persons defined in paragraph (d)(3) of this section crab PQS specific to crab QS fisheries defined in paragraph (a)(1) of this section. The crab PQS amount issued will be based on total legal proc essing of crab made in those crab QS fisheries. PQS shall yield annual IPQ as defined under paragraph (j) of this section. (2) Regional designations. For each crab QS fishery, PQS shall be initially regionally designated based on the legal processing that gave rise to the PQS as follows: (i) North PQS if the processing that gave rise to the PQS for a crab QS fish ery occurred in the Bering Sea subarea north of 56°20′ N. lat.; or (ii) South PQS if the processing that gave rise the PQS for a crab QS fishery did not occur in the North Region, and PQS allocated to the WAI crab QS fish ery; or VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01055 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 1046 50 CFR Ch. VI (10–1–22 Edition) § 680.40 (iii) West PQS for a portion of the PQS allocated to the WAG crab QS fishery subject to the provisions under paragraph (e)(2) of this section; or (iv) Undesignated. Regional designa tions do not apply to: (A) That portion of the WAG crab QS fishery that is not regionally des ignated as West Region PQS; and (B) The EBT or WBT crab QS fishery. (v) The specific regional designations that apply to PQS in each of the crab QS fisheries are described in paragraph (b)(2)(iii) of this section. (3) Qualified person, for the purposes of PQS issuance, means a person, as de fined at § 679.2, who at the time of ap plication for PQS is a U.S. citizen, or a U.S. corporation, partnership, associa tion, or other entity, and who: (i) Legally processed any crab QS species established in paragraph (a)(1) of this section during 1998 or 1999 as demonstrated on the official crab ra tionalization record; or (ii) Did not legally process any crab QS species during 1998 or 1999 according to the official crab rationalization record, but who: (A) Processed BSS crab QS species in each crab season for that fishery dur ing the period from 1988 through 1997; and (B) From January 1, 1996, through June 10, 2002, invested in a processing facility, processing equipment, or a vessel for use in processing operations, including any improvements made to existing facilities with a total expendi ture in excess of $1,000,000; or (C) Is the person to whom the history of legal processing of crab has been transferred by the express terms of a written contract that clearly and un ambiguously provides that such legal processing of crab has been transferred. This provision would apply only if that applicant for PQS: (1) Legally processed any crab QS species established in paragraph (a)(1) of this section during 1998 or 1999, as demonstrated on the official crab ra tionalization record; or (2) Received history of crab proc essing that was legally processed dur ing 1998 or 1999, as demonstrated on the official crab rationalization record. (iii) Qualified persons, or their suc cessors-in-interest, must exist at the time of application for PQS. (iv) A former partner of a dissolved partnership or a former shareholder of a dissolved corporation who would oth erwise be a qualified person may apply for PQS in proportion to his or her ownership interest in the dissolved partnership or corporation. (v) A person who has acquired a proc essing corporation, partnership, or other entity that has a history of legal processing of crab is presumed to have received by transfer all of that history of legal processing of crab unless a clear and unambiguous written con tract establishes otherwise. (4) Qualification for initial allocation of PQS—(i) Years. The qualifying years for each crab QS fishery are designated in Table 9 to this part. (ii) Ownership interest. Documenta tion of ownership interest in a dis solved partnership or corporation, as sociation, or other entity shall be lim ited to corporate documents (e.g., arti cles of incorporation) or notarized statements signed by each former part ner, shareholder or director, and speci fying their proportions of interest. (iii) Legal processing of crab means, for the purpose of initial allocation of PQS, raw crab pounds processed in the crab QS fisheries designated under paragraph (a)(1) of this section in com pliance with state and Federal permit ting, landing, and reporting regula tions in effect at the time of the land ing. Legal processing excludes any deadloss, processing of crab harvested in a test fishery or under a scientific, education, exploratory, or experi mental permit, or under the Western Alaska CDQ Program. (iv) Documentation. Evidence of legal processing shall be limited to State of Alaska fish tickets, except that: (A) NMFS may use information from a State of Alaska Commercial Opera tors Annual Report, State of Alaska fishery tax records, or evidence of di rect payment from a receiver of crab to a harvester if that information indi cates that the buyer of crab differs from the receiver indicated on State of Alaska fish ticket records; however: (B) Information on State of Alaska fish tickets shall be presumed to be VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01056 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 1047 Fishery Conservation and Management § 680.40 correct for the purpose of determining evidence of legal processing of crab. An applicant will have the burden of prov ing the validity of information sub mitted in an application that is incon sistent with the information on the State of Alaska fish ticket. (e) Calculation of PQS allocation—(1) Computation for initial issuance of PQS. (i) The Regional Administrator shall establish the Total Processing Denomi nator (TPD) which represents the amount of legally processed raw crab pounds in each crab QS fishery in all qualifying years. (ii) For each crab QS fishery, the per centage of the initial PQS pool that will be distributed to each qualified person shall be based on their percent age of the TPD according to the fol lowing procedure: (A) Sum the raw crab pounds pur chased for each person for all quali fying years. (B) Divide the sum calculated in paragraph (e)(1)(ii)(A) of this section by the TPD. Multiply by 100. This yields a person’s percentage of the TPD. (C) Sum the TPD percentages of all persons. (D) Divide the percentage for a per son calculated in paragraph (e)(1)(ii)(B) of this section by the sum calculated in paragraph (e)(1)(ii)(C) of this section for all persons. This yields a person’s percentage of the TPD. (E) Multiply the amount calculated in paragraph (e)(1)(ii)(D) of this section by the PQS pool for that crab QS fish ery as that amount is defined in Table 8 to this part. (F) Determine the percentages of le gally processed crab that were proc essed in each region. The percentages calculated in paragraph (e)(1)(ii)(E) of this section are multiplied by the amount determined within each re gional designation. Regional designa tions will apply to that PQS according to the provisions established in para graphs (d)(2) and (e)(2) of this section. (2) Regional designation of Western Aleutian Islands golden king crab. (i) Fifty percent of the PQS that is issued in the WAG crab QS fishery will be issued with a West regional designa tion. The West regional designation ap plies to PQS for processing west of 174° N. long. The remaining 50 percent of the PQS issued for this fishery is Un designated region PQS. (ii) A person will receive only West PQS if, at the time of application, that person owns a crab processing facility that is located in the West region. A person will receive West region and Un designated Region PQS if, at the time of application, that person does not own a crab processing facility located in the West region. Expressed algebra ically, for any person (p) allocated both West region PQS and undesignated re gion PQS the formula is as follows: (A) PQSWest = PQS × 0.50 (B) PQSUnd. = PQS × 0.50 (C) PQSWest for PQSWest & Und. holders = PQSWest¥PQSWest only (D) PQSWest for Personp West & Und. = PQSp × PQSWest for PQSWest & Und. hold ers/(PQSWest for PQSWest & Und. holders + PQSUnd.) (E) PQSUnd. for Personp = PQSp¥PQSWest for Personp (iii) For purposes of the allocation of PQS in the WAG crab fishery: (A) Ownership of a processing facility is defined as: (1) A sole proprietor; or (2) A relationship between two or more entities in which a person di rectly or indirectly owns a 10 percent or greater interest in another, or a third entity directly or indirectly owns a 10 percent or greater interest in both. (B) A processing facility is a shore side crab processor or a stationary floating crab processor. (3) PQS issued to Blue Dutch, LLC. (i) Pursuant to Public Law 109–241, NMFS issued 3,015,229 units of PQS for the BBR crab QS fishery and 7,516,253 units of PQS for the BSS crab QS fishery. (ii) PQS units issued to Blue Dutch, LLC, under paragraph (e)(3)(i) of this section were assigned a regional des ignation according to the procedures established in paragraph (b)(2)(iv) of this section. (iii) PQS units issued to Blue Dutch, LLC, under paragraph (e)(3)(i) of this section may not be transferred to any other person. (f) Application for crab QS or PQS—(1) General. The Regional Administrator will issue QS and/or PQS to an appli cant if a complete application for crab QS or PQS is submitted by or on behalf VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01057 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 1048 50 CFR Ch. VI (10–1–22 Edition) § 680.40 of the applicant during the specified application period, and if the applicant meets all criteria for eligibility as specified at paragraphs (b)(3) and (d)(3) of this section. (i) The Regional Administrator will send application materials to the per son identified by NMFS as an eligible applicant based on the official crab ra tionalization record. An application form may also be obtained from the Internet or requested from the Re gional Administrator. (ii) An application for crab QS or PQS may be submitted to NMFS as in structed on the application. Forms are available on the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov, or by con tacting NMFS at 800–304–4846, Option 2. (iii) An application that is post marked, faxed, or hand delivered after the ending date for the application pe riod for the Crab QS Program specified in the FEDERAL REGISTER will be de nied. (2) Contents of application. A complete application for crab QS or PQS must be signed by the applicant, or the indi vidual representing the applicant, and include the following, as applicable: (i) Type of QS or PQS for which the person is applying. Select the type of QS or PQS for which the applicant is ap plying. (A) If applying for CVO QS or CPO QS, submit information required in paragraphs (f)(2)(ii) through (f)(2)(iv) of this section; (B) If applying for CVC QS or CPC QS, submit information required in paragraphs (f)(2)(ii), (f)(2)(iii) and (f)(2)(v) of this section; (C) If applying for PQS, submit infor mation required in paragraphs (f)(2)(ii), (f)(2)(iii) and (f)(2)(vi) of this section. (ii) Applicant information. (A) Enter the applicant’s name, NMFS person ID (if applicable), tax ID or social security number (required), permanent business mailing address, business telephone number, facsimile number, and e-mail (if available); (B) Indicate (YES or NO) whether ap plicant is a U.S. citizen; if YES, enter his or her date of birth. You must be a U.S. citizen or U.S. corporation, part nership, or other business entity to ob tain CVO, CPO, CVC, or CPC QS. (C) Indicate (YES or NO) whether ap plicant is a U.S. corporation, partner ship, association, or other business en tity; if YES, enter the date of incorpo ration; (D) Indicate (YES or NO) whether ap plicant is deceased; if YES, enter date of death. A copy of the death certifi cate must be attached to the applica tion; (E) Indicate (YES or NO) whether ap plicant described in paragraph (f)(2)(ii)(C) of this section is no longer in existence; if YES, enter date of dis solution and attach evidence of dissolu tion to the application; (iii) Fishery and QS/PQS type. Indicate the crab QS fishery and type of QS/PQS for which applying. (iv) CVO or CPO QS. (A) For vessels whose catch histories are being claimed for purposes of the crab QS program, enter the following informa tion: name of the vessel, ADF&G vessel registration number, USCG docu mentation number, moratorium crab permit number(s), and crab LLP li cense number(s) held by the applicant and used on that vessel, qualifying years or seasons fished by fishery, and dates during which those permits were used on that vessel. (B) Indicate (YES or NO) whether ap plicant is applying for QS for any crab QS fishery for which the applicant pur chased an LLP license prior to January 1, 2002, in order to remain in that fish ery. If YES, include LLP crab license number, and the vessel’s name, ADF&G vessel registration number, and USCG documentation number. (C) Indicate (YES or NO) whether QS is being claimed based on the fishing history of a vessel that was lost or de stroyed. If YES, include the name, ADF&G registration number, and USCG documentation number of the lost or destroyed vessel, the date the vessel was lost or destroyed, and evi dence of the loss or destruction. (D) Indicate (YES or NO) whether the lost or destroyed vessel described in paragraph (f)(2)(iv)(C) of this section was replaced with a newly constructed vessel. If YES, include the name, ADF&G vessel registration number, and USCG documentation number of the replacement vessel, date of vessel construction, and date vessel entered VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01058 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 1049 Fishery Conservation and Management § 680.40 fishery(ies). Indicate (YES or NO) if the replacement vessel participated in a Bering Sea crab fishery by October 31, 2002. If YES, provide documentation of the replacement vessel’s participation by October 31, 2002, in a Bering Sea crab fishery. (E) If the applicant is applying for CPO QS, indicate (YES or NO) whether the applicant processed crab from any of the crab QS fisheries listed on Table 1 to this part on board a vessel author ized by one of the LLP licenses listed in paragraph (f)(2)(iv)(A) of this section in 1998 or 1999. If YES, enter informa tion for the processed crab, including harvest area, date of landing, and crab species. (v) CVC or CPC QS. (A) Indicate (YES or NO) whether applicant had at least one landing in three of the qualifying years for each crab species for which the applicant is applying for QS (see Table 7 to this part). (B) Indicate (YES or NO) whether ap plicant has recent participation in a crab QS fishery as defined in Table 7 to this part. (C) If the answer to paragraph (f)(2)(v)(A) or paragraph (f)(2)(v)(B) of this section is YES, enter State of Alaska Interim Use Permit number and the name, ADF&G vessel registration number, and USCG documentation number of vessel on which harvesting occurred. Select the qualifying years or seasons fished by QS fishery, and the dates during which those permits were used on that vessel; (D) Indicate (YES or NO) whether a person is applying as the successor-in interest to an eligible applicant. If YES, attach to the application docu mentation proving the person’s status as a successor-in-interest and evidence of the death of the eligible applicant. (vi) Processor QS. (A) Indicate (YES or NO) whether applicant processed any of the crab species included in the Crab QS program (see Table 1 to this part) in 1998 or 1999. (B) If answer to paragraph (f)(2)(vi)(A) of this section is YES, enter the facility name and ADF&G processor code for each processing fa cility where crab, from any of the crab QS fisheries listed in Table 1 of this part, were processed and the qualifying years or seasons by fishery for which applicant is claiming eligibility for PQS. (C) If answer to paragraph (f)(2)(vi)(A) of this section is NO, indi cate (YES or NO) whether applicant is claiming eligibility under hardship provisions; (D) If answer to paragraph (f)(2)(vi)(C) of this section is YES, both of the following provisions must apply to a processor to obtain hardship provi sions. Attach documentation of the fol lowing circumstances: (1) Applicant processed QS crab dur ing 1998 or 1999, or processed BSS crab in each season between 1988 and 1997; and (2) Applicant invested a total expend iture in excess of $1,000,000 for any processing facility, processing equip ment, or a vessel for use in processing operations, including any improve ments made to existing facilities from January 1, 1996, to June 10, 2002; (E) Indicate (YES or NO) whether ap plicant has entered into a Community Right of First Refusal (ROFR) contract consistent with paragraph (f)(3) of this section pertaining to the transfer of any PQS and/or IPQ subject to ROFR and issued as a result of this applica tion. (F) Contract that the legal proc essing history and rights to apply for and receive PQS based on that legal processing history have been trans ferred or retained; and (G) Any other information deemed necessary by the Regional Adminis trator. (H) If applicant is applying to receive PQS for the WAG crab QS fishery, indi cate (YES or NO) whether applicant owns a crab processing facility in the West region (see paragraph (b)(2) (iii) of this section). (vii) Applicant signature and certifi cation. The applicant must sign and date the application certifying that all information is true, correct, and com plete to the best of his/her knowledge and belief. If the application is com pleted by an authorized representative, then authorization must accompany the application. (3) Notice and contract provisions for community right of first refusal (ROFR) for initial issuance of PQS. (i) To be complete, an application for PQS from VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01059 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 1050 50 CFR Ch. VI (10–1–22 Edition) § 680.40 a person based on legal processing that occurred in an ECC, other than Adak, must also include an affidavit signed by the applicant stating that notice has been provided to the ECC of the ap plicant’s intent to apply for PQS. If the ECC designates an entity to represent it in the exercise of ROFR under § 680.41(l), then the application also must include an affidavit of completion of a contract for ROFR that includes the terms enacted under section 313(j) of the Magnuson-Stevens Act. The affi davit must be signed by the applicant for initial allocation of PQS and the ECC entity designated under § 680.41(l)(2). A list of contract terms is available from the NMFS Alaska Re gion Web site at http:// www.fakr.noaa.gov. A copy of these contract terms also will be made avail able by mail or facsimile by contacting the Regional Administrator at 907–586– 7221. (ii) To be complete, an application for crab QS or PQS from a person based on legal processing that occurred in the GOA north of a line at 56°20′ N. lat. must also include an affidavit signed by the applicant stating that notice has been provided to the City of Kodiak and Kodiak Island Borough of the ap plicant’s intent to apply for PQS. If the City of Kodiak and Kodiak Island Bor ough designate an entity to represent it in the exercise of ROFR under § 680.41(l), then the application also must include an affidavit of completion of a contract for ROFR that includes the terms enacted under the Consoli dated Appropriations Act of 2004 (Pub. L. 108–199) and that is signed by the ap plicant for initial allocation of PQS and the ECC entity designated by the City of Kodiak and Kodiak Island Bor ough under § 680.41(l)(2). A list of con tract terms is available from the NMFS Alaska Region Web site at http:// www.fakr.noaa.gov. A copy of these contract terms also will be made avail able by mail or facsimile by contacting the Regional Administrator at (907) 586–7221. (4) Application evaluation. The Re gional Administrator will evaluate Ap plications for Crab QS or PQS sub mitted during the specified application period and compare all claims in an ap plication with the information in the official crab rationalization record. Claims in an application that are con sistent with information in the official crab rationalization record will be ac cepted by the Regional Administrator. Inconsistent claims in the Applications for Crab QS or PQS, unless verified by documentation, will not be accepted. An applicant who submits inconsistent claims, or an applicant who fails to submit the information specified in paragraph (f)(2) of this section, will be provided a single 30-day evidentiary pe riod as provided in paragraph (f)(5) of this section to submit the specified in formation, submit evidence to verify his or her inconsistent claims, or sub mit a revised application with claims consistent with information in the offi cial crab rationalization record. An ap plicant who submits claims that are in consistent with information in the offi cial crab rationalization record has the burden of proving that the submitted claims are correct. (5) Additional information or evidence. The Regional Administrator will evalu ate additional information or evidence to support an applicant’s inconsistent claims submitted prior to or within the 30-day evidentiary period. If the Re gional Administrator determines that the additional information or evidence meets the applicant’s burden of proving that the inconsistent claims in his or her application are correct, the official crab rationalization record will be amended and the information will be used in determining whether the appli cant is eligible for QS or PQS. How ever, if the Regional Administrator de termines that the additional informa tion or evidence does not meet the ap plicant’s burden of proving that the in consistent claims in his or her applica tion are correct, the applicant will be notified by an IAD, that the applicant did not meet the burden of proof to change the information in the official crab rationalization record. (6) 30-day evidentiary period. The Re gional Administrator will specify by letter a single 30-day evidentiary pe riod during which an applicant may provide additional information or evi dence to support the claims made in his or her application, or to submit a revised application with claims con sistent with information in the official VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01060 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 1051 Fishery Conservation and Management § 680.40 crab rationalization record, if the Re gional Administrator determines that the applicant did not meet the burden of proving that the information on the application is correct through evidence provided with the application. Also, an applicant who fails to submit informa tion as specified in paragraphs (b)(3)(iii) and (b)(3)(iv) of this section will have 30 days to provide that infor mation. An applicant will be limited to one 30-day evidentiary period per appli cation. Additional information or evi dence, or a revised application, re ceived after the 30-day evidentiary pe riod specified in the letter has expired will not be considered for purposes of the IAD. (7) Right of First Refusal (ROFR) con tract provisions. If an ECC designates an entity to represent it in the exercise of ROFR under § 680.41(l), then the Re gional Administrator will not prepare an IAD on unverified claims or issue PQS until an affidavit is received from the applicant confirming the comple tion of a civil contract for ROFR as re quired under section 313(j) of the Mag nuson-Stevens Act. (8) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to the appli cant following the expiration of the 30 day evidentiary period if the Regional Administrator determines that the in formation or evidence provided by the applicant fails to support the appli cant’s claims and is insufficient to rebut the presumption that the official crab rationalization record is correct, or if the additional information, evi dence, or revised application is not pro vided within the time period specified in the letter that notifies the applicant of his or her 30-day evidentiary period. The IAD will indicate the deficiencies in the application, including any defi ciencies with the information, the evi dence submitted in support of the in formation, or the revised application. The IAD will also indicate which claims cannot be approved based on the available information or evidence. An applicant who receives an IAD may ap peal pursuant to § 679.43. An applicant who avails himself or herself of the op portunity to appeal an IAD will not re ceive crab QS or PQS until after the final resolution of that appeal in the applicant’s favor. (g) Annual allocation of IFQ—(1) Gen eral. IFQ is assigned based on the un derlying QS. Except for CVC and CPC QS permit holders who fail to meet the participation requirements at para graph (g)(2) of this section, the Re gional Administrator shall assign crab IFQs to each person who holds QS and submits a complete annual application for crab IFQ/IPQ permit as described under § 680.4. IFQ will be assigned to a crab QS fishery with the appropriate regional designation, QS sector, and IFQ class. This amount will represent the maximum amount of crab that may be harvested from the specified crab QS fishery by the person to whom it is as signed during the specified crab fishing year, unless the IFQ assignment is changed by the Regional Administrator because of an approved transfer, re voked, suspended, or modified under 15 CFR part 904. (2) Eligibility for CVC and CPC IFQ. For each crab fishing year after June 30, 2018, individuals holding CVC or CPC QS permits must meet the partici pation requirements set forth in para graphs (g)(2)(i) or (g)(2)(ii) of this sec tion in order to receive CVC or CPC IFQ unless the CVC or CPC QS permit holder meets the exemption provided in paragraph (g)(2)(iii) of this section. (i) The individual has participated as crew in at least one delivery of crab in any CR crab fishery during the three crab fishing years preceding the crab fishing year for which the individual is filing an annual crab IFQ permit appli cation. If the individual holds C share QS in a single CR crab fishery and that CR crab fishery is closed to fishing for an entire crab fishing year, NMFS will exclude that crab fishing year when de termining whether the individual has satisfied this participation require ment. (ii) The individual was an initial re cipient of CVC or CPC QS and partici pated as crew in at least 30 days of fish ing in a commercial fishery managed by the State of Alaska or in a U.S. commercial fishery in the U.S. Exclu sive Economic Zone off Alaska during the three crab fishing years preceding the crab fishing year for which the in dividual is filing an annual crab IFQ VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01061 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 1052 50 CFR Ch. VI (10–1–22 Edition) § 680.40 permit application. Individuals may combine participation as crew in State and Federal commercial fisheries to meet this requirement. If the indi vidual holds C share QS in a single CR crab fishery and that CR crab fishery is closed to fishing for an entire crab fish ing year, NMFS will exclude that crab fishing year when determining whether the individual has satisfied this par ticipation requirement. (iii) All of the CVC or CPC QS per mits held by the individual were ac quired using the eligibility criteria in 50 CFR 680.41(c)(1)(vii)(B) and the indi vidual has held those CVC or CPC QS permits for less than three full crab fishing years. (3) Withholding of CVC or CPC IFQ. Beginning July 1, 2018, the Regional Administrator will withhold issuance of CVC or CPC IFQ to an individual who has not met the participation re quirements set forth in paragraph (g)(2) of this section. The Regional Adminis trator will withhold an individual’s CVC IFQ or CPC IFQ in accordance with the procedures set forth in para graphs (g)(3)(i) and (ii) of this section. (i) Notice of C Share IFQ Withholding. The Regional Administrator will issue a Notice of C Share IFQ Withholding to an individual holding CVC or CPC QS if, after reviewing the CVC or CPC QS holder’s Application for Annual Crab IFQ Permit, the Regional Adminis trator determines that the CVC or CPC QS holder has failed to meet the par ticipation requirements in paragraph (g)(2) of this section. A CVC or CPC QS holder who receives a Notice of C Share IFQ Withholding will have 30 days to provide the Regional Administrator with information demonstrating par ticipation as crew that meets the re quirements of paragraph (g)(2) of this section. (ii) Initial administrative determination (IAD). The Regional Administrator will prepare and send an IAD to the CVC or CPC QS holder following the expiration of the 30-day evidentiary period if the Regional Administrator determines that the information or evidence pro vided by the CVC or CPC QS holder fails to demonstrate participation as crew and is insufficient to rebut the in formation included in the CVC or CPC QS holder’s Applications for Annual Crab IFQ Permit, or if the additional information or evidence is not provided within the time period specified in the Notice of C Share IFQ Withholding. The IAD will explain the basis for the withholding of IFQ. A CVC or CPC QS holder who receives an IAD with holding IFQ may appeal under the ap peals procedures set forth at 15 CFR part 906. A CVC or CPC QS holder who avails himself or herself of the oppor tunity to appeal an IAD withholding IFQ will not receive crab IFQ until after the final resolution of that appeal in the QS holder’s favor. (4) Emergency rule suspending with holding of CVC or CPC IFQ. Under emer gency measures effective July 15, 2022, and notwithstanding any other section of this part, the Regional Adminis trator will not consider participation requirements at paragraph (g)(2) of this section in reviewing a CVC or CPC QS holder’s Application for Annual Crab Individual Fishing Quota (IFQ) Permit for the 2022/2023 crab fishing year and will not withhold IFQ from an indi vidual holding CVC or CPC QS. (h) Calculation of annual IFQ alloca tion—(1) General. (i) The annual alloca tion of IFQ to any person (p) in any crab QS fishery (f) will be based on the TAC of crab for that crab QS fishery less the allocation to the Western Alas ka CDQ Program (‘‘CDQ Reserve’’) and Western Aleutian Islands golden king crab fishery. Expressed algebraically, the annual IFQ allocation formula is as follows: (A) IFQ TACf = TACf ¥ (CDQ Reservef + Allocation for the Western Aleutian Island golden king crab fishery) (B) IFQpf = IFQ TACf × (QSpf/QS poolf) (ii) CVO, CPO, CVC, and CPC IFQ. Each year, 3 percent of the IFQ TACf will be allocated as CVC IFQ or CPC IFQ and 97 percent of the IFQ TACf will be allocated as CVO IFQ or CPO IFQ. Expressed algebraically, the formulas for the annual IFQ allocations are as follows: (A) CVC/CPC IFQf = IFQ TACf × 0.03 (B) CVO/CPO IFQf = IFQ TACf × 0.97 (2) Class A/B IFQ. (i) QS shall yield Class A or Class B IFQ if: (A) Initially assigned to the CVO QS sector; or (B) Transferred to the CVO QS sector from the CPO QS sector. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01062 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 1053 Fishery Conservation and Management § 680.40 (ii) The Class A/B IFQ TAC is the por tion of the TAC assigned as Class A/B IFQ under paragraphs (h)(2)(i)(A) and (B) of this section. (3) Class A/B IFQ issuance ratio. (i) Class A and Class B IFQ shall be as signed on an annual basis such that the total amount of Class A and B IFQ as signed in a crab fishing year in each crab QS fishery for each region will be in a ratio of 90 percent Class A IFQ and 10 percent Class B IFQ. (ii) The Regional Administrator will determine the amount of Class A and Class B IFQ that is assigned to each QS holder. The Class A IFQ is calculated by allocating 90 percent of the Class A/ B IFQ TAC (TAC a) to Class A IFQ. A portion of the IFQ TAC a is allocated to persons eligible to hold only Class A IFQ (TAC a only), the remaining IFQ TAC (TAC r) is allocated for harvest by a person (p) eligible to receive both Class A IFQ and Class B IFQ. Expressed algebraically, for an individual person (p) eligible to hold both Class A and Class B IFQ the annual allocation for mula is as follows: (A) TACa = Class A/B IFQ TAC × 0.90 (B) TACr = TACa¥TACa only (C) IFQap = TACr/(Class A/B IFQ TAC¥TACa only) × IFQp (D) IFQbp = IFQp¥IFQap (4) Class A IFQ and Class B IFQ issuance to IPQ holders. If a person holds IPQ and IFQ, than that person will be issued Class A IFQ only for the amount of IFQ equal to the amount of IPQ held by that person. Any remain ing IFQ held by that person will be issued as Class A and Class B IFQ in a ratio so that the total Class A and Class B IFQ issued in that crab QS fish ery is issued as 90 percent Class A IFQ and 10 percent Class B IFQ; (5) Class A IFQ and Class B IFQ issuance to persons affiliated with IPQ holders. If an IPQ holder holds IPQ in excess of the amount of IFQ held by that person, all IFQ holders affiliated with that IPQ holder will receive only Class A IFQ in proportion to the amount of IFQ held by those affiliated persons relative to that amount of IPQ held by that IPQ holder. Any remain ing IFQ held by persons affiliated with the IPQ holder will be issued as Class A and Class B IFQ in a ratio so that the total Class A and Class B IFQ issued in that fishery is issued as 90 percent Class A IFQ and 10 percent Class B IFQ. (6) CVC IFQ. (i) QS that is initially allocated to the CVC QS sector shall yield CVC IFQ. (ii) CVC IFQ is not subject to re gional designation. (7) CPO IFQ. (i) QS that is initially allocated to the CPO QS sector shall yield CPO IFQ. (ii) CPO IFQ is not subject to re gional designation. (8) CPC IFQ. (i) QS that is initially allocated to the CPC QS sector shall yield CPC IFQ. (ii) CPC IFQ is not subject to re gional designation. (9) QS amounts for IFQ calculation. For purposes of calculating IFQ for any crab fishing year, the amount of a per son’s QS and the amount of the QS pool for any crab QS fishery will be the amounts on record with the Alaska Re gion, NMFS, at the time of calculation. (10) Class A IFQ. (i) The amount of Class A IFQ issued in excess of the IPQ issuance limits for the BSS or BBR crab QS fisheries, as described in para graph (j)(3) of this section, will be issued to all Class A IFQ recipients on a pro rata basis in proportion to the amount of Class A IFQ held by each person. (ii) Any amount of Class A IFQ that is issued in excess of the IPQ issuance limits for the BSS or BBR crab QS fish eries, as described in paragraph (j)(3) of this section, is not required to be deliv ered to an RCR with unused IPQ. (i) Annual allocation of IPQ. IPQ is as signed based on the underlying PQS. The Regional Administrator shall as sign crab IPQs to each person who sub mits a complete annual application for crab IFQ/IPQ permit as described under § 680.4. Each assigned IPQ will be spe cific to a crab QS fishery with the ap propriate regional designation. This amount will represent the maximum amount of crab that may be received from the specified crab QS fishery by the person to whom it is assigned dur ing the specified crab fishing year, un less the IPQ assignment is changed by the Regional Administrator because of an approved transfer, revoked, sus pended, or modified under 15 CFR part 904. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01063 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 1054 50 CFR Ch. VI (10–1–22 Edition) § 680.40 (j) Calculation of annual IPQ alloca tion—(1) General. The annual allocation of TAC to PQS and the resulting IPQ in any crab QS fishery (f) is the Class A IFQ TAC (TACa). A person’s annual IPQ is based on the amount of PQS held by a person (PQS p) divided by the PQS pool for that crab QS fishery for all PQS holders (PQS pool f). Expressed al gebraically, the annual IPQ allocation formula is as follows: IPQpf = TACaf × PQSpf/PQS poolf. (2) PQS amounts for IPQ calculation. For purposes of calculating IPQs for any crab fishing year, the amount of a person’s PQS and the amount of the PQS pool for any crab PQS fishery will be the amounts on record with the Alaska Region, NMFS, at the time of calculation. (3) IPQ issuance limits. The amount of IPQ issued in any crab fishing year shall not exceed: (i) 157,500,000 raw crab pounds (71,441.5 mt) in the BSS crab QS fishery; and (ii) 18,000,000 raw crab pounds (8,164.7 mt) in the BBR crab QS fishery. (4) IPQ issued to Blue Dutch, LLC—(i) BBR IPQ. For each crab fishing year that the total allowable catch for BBR CR crab is greater than 15,732,480 lb (7,136.2 mt), NMFS will issue IPQ for the 3,015,229 units of PQS issued to Blue Dutch, LLC, pursuant to Public Law 109–241. (ii) BSS IPQ. For each crab fishing year that the total allowable catch for BSS CR crab is greater than 21,350,640 lb (9,684.6 mt), NMFS will issue IPQ for the 7,516,253 units of PQS issued to Blue Dutch, LLC, pursuant to Public Law 109–241. (k) Timing for issuance of IFQ or IPQ. IFQ and IPQ will be issued once the TAC for that crab QS fishery in that crab fishing year has been specified by the State of Alaska. All IFQ and IPQ for all persons will be issued once for a crab fishing year for a crab QS fishery. QS issued after NMFS has issued an nual IFQ for a crab QS fishery for a crab fishing year will not result in IFQ for that crab QS fishery for that crab fishing year. (l) Harvesting and processing privilege. QS and PQS allocated or permits issued pursuant to this part do not represent either an absolute right to the resource or any interest that is subject to the ‘‘takings’’ provision of the Fifth Amendment of the U.S. Constitution. Rather, such QS, PQS, or permits rep resent only a harvesting or processing privilege that may be revoked or amended pursuant to the Magnuson Stevens Act and other applicable law. IPQs do not create a right, title, or in terest in any crab until that crab is purchased from a fisherman. (m) Participation requirements for re tention of CVC QS and CPC QS. (1) Be ginning July 1, 2019, and each crab fish ing year thereafter, individuals allo cated CVC QS or CPC QS must meet the participation requirements set forth in paragraphs (m)(2)(i) or (m)(2)(ii) of this section in order to re tain their CVC QS or CPC QS unless the CVC or CPC QS holder meets the exemption provided in paragraph (m)(5) of this section. (2)(i) The individual has participated as crew in at least one delivery of crab in any CR crab fishery during the pre vious four consecutive crab fishing years. If the individual holds C share QS in a single CR crab fishery and that CR crab fishery is closed to fishing for an entire crab fishing year, NMFS will exclude that crab fishing year when de termining whether the individual has satisfied this participation require ment. (ii) The individual was an initial re cipient of CVC QS or CPC QS and par ticipated as crew in at least 30 days of fishing in a commercial fishery man aged by the State of Alaska or in a U.S. commercial fishery in the U.S. Ex clusive Economic Zone off Alaska dur ing the previous four consecutive crab fishing years. Individuals may combine participation as crew in State and Fed eral commercial fisheries to meet this requirement. If the individual holds C share QS in a single CR crab fishery and that CR crab fishery is closed to fishing for an entire crab fishing year, NMFS will exclude that crab fishing year when determining whether the in dividual has satisfied this participation requirement. (3) An individual issued a CVC QS or CPC QS permit may include informa tion demonstrating compliance with VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01064 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 1055 Fishery Conservation and Management § 680.41 the participation requirements in para graph (m)(2) of this section with the in dividual’s annual Application for Crab IFQ. (4) If an individual issued a CVC QS or CPC QS permit fails to meet the par ticipation requirements in paragraph (m)(2) of this section or fails to qualify for the exemption in paragraph (m)(5) of this section, NMFS will revoke all of the individual’s CVC QS or CPC QS in accordance with § 680.43. (5) All of the CVC or CPC QS permits held by the individual were acquired using the eligibility criteria in § 680.41(c)(1)(vii)(B) and the individual has held those CVC or CPC QS permits for less than four full crab fishing years. (6) Under emergency measures effec tive July 15, 2022, and notwithstanding any other section of this part, the Re gional Administrator will not consider participation requirements set forth in paragraph (m)(2) of this section in re viewing a CVC or CPC QS holder’s Ap plication for Annual Crab Individual Fishing Quota (IFQ) Permit for the 2022/2023 crab fishing year or in making any other determinations about wheth er to revoke CVC or CPC QS in the 2022/ 2023 crab fishing year. [70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, Dec. 20, 2005; 71 FR 32864, June 7, 2006; 73 FR 29983, May 23, 2008; 73 FR 30320, May 27, 2008; 73 FR 35088, June 20, 2008; 73 FR 76190, Dec. 15, 2008; 74 FR 51520, Oct. 7, 2009; 80 FR 15897, Mar. 26, 2015; 87 FR 42394, July 15, 2022] EFFECTIVE DATE NOTE: At 87 FR 42394, July 15, 2022, § 680.40 was amended by adding para graphs (g)(4) and (m)(6), effective July 15, 2022 through Jan. 11, 2023. § 680.41 Transfer of QS, PQS, IFQ and IPQ. (a) General. (1) Transfer of crab QS, PQS, IFQ, or IPQ means any trans action, approved by NMFS, requiring QS or PQS, or the use thereof in the form of IFQ or IPQ, to pass from one person to another, permanently or for a fixed period of time, except that: (2) A crab IFQ hired master permit issued by NMFS, as described in § 680.4, is not a transfer of crab QS or IFQ; and (3) The use of IFQ assigned to a crab harvesting cooperative and used within that cooperative is not a transfer of IFQ. (b) Transfer applications—(1) Applica tion. An application is required to transfer any amount of QS, PQS, IFQ, or IPQ. A transfer application will not be approved until the necessary eligi bility application has been submitted and approved by NMFS in accordance with paragraph (c) of this section. The Regional Administrator will not ap prove any transfers of QS, PQS, IFQ, or IPQ in any crab QS fishery from June 15 until either the date of the issuance of IFQ or IPQ for that crab QS fishery, or the date on which the State of Alas ka announces that a crab QS fishery will not open for that crab fishing year. (2) Notification of application approval or disapproval. Persons submitting any application for approval under § 680.41 will receive notification of the Re gional Administrator’s decision to ap prove or disapprove the application, and if applicable, the reason(s) for dis approval. (3) Reasons for disapproval. Reasons for disapproval of an application in clude, but are not limited to: (i) Lack of U.S. citizenship, where U.S. citizenship is required; (ii) Failure to meet minimum re quirements for sea time as a member of a harvesting crew; (iii) An incomplete application, in cluding fees and an EDR, if required; (iv) An untimely application; or (v) Fines, civil penalties, or other payments due and owing, or out standing permit sanctions resulting from Federal fishery violations. (4) QS, PQS, IFQ, or IPQ accounts. (i) QS, PQS, IFQ, or IPQ accounts affected by a transfer approved by the Regional Administrator will change on the date of approval. (ii) For non-electronic submittals, any necessary IFQ or IPQ permits will be sent with the notification of ap proval if the receiver of the IFQ or IPQ permit has completed an annual appli cation for crab IFQ or IPQ permit for the current fishing year as required under § 680.4. (iii) For electronic submittals, the parties to the transfer would access and print approvals and permits online. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01065 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 1056 50 CFR Ch. VI (10–1–22 Edition) § 680.41 (5) Submittal. Submit applications and other documents to NMFS as in structed on the application. Forms are available on the NMFS Alaska Region website at http:// alaskafisheries.noaa.gov, or by con tacting NMFS at: 800–304–4846, Option 2. (c) Eligibility to receive QS, PQS, IFQ, or IPQ by transfer. Persons, other than persons initially issued QS or PQS, must establish eligibility to receive QS, PQS, IFQ, or IPQ by transfer. (1) To be eligible to receive QS, PQS, IFQ, or IPQ by transfer, a person must first meet the requirements specified in the following table: Quota type Eligible person Eligibility requirements (i) PQS not issued under § 680.40(e)(3)(i). Any person .................... None. (ii) IPQ ............................. Any person .................... None. (iii) CVO or CPO QS ....... (A) A person initially issued QS. No other eligibility requirements. (B) An individual ............ who is a U.S. citizen with at least 150 days of sea time as part of a har vesting crew in any U.S. commercial fishery. (C) A corporation, part nership, or other enti ty. with at least one individual member who is a U.S. citizen and who: (1) owns at least 20 percent of the corporation, partnership, or other enti ty; and (2) has at least 150 days of sea time as part of a harvesting crew in any U.S. commercial fishery. (D) An ECCO ................ that meets the eligibility requirements described under paragraph (j) of this section. (E) A CDQ group .......... No other eligibility requirements. (iv) Converted CPO QS .. N/A ................................ Converted CPO QS may not be transferred. (v) CPO IFQ derived from Converted CPO QS. N/A ................................ CPO IFQ derived from Converted CPO may not be transferred. (vi) CVO or CPO IFQ ...... All eligible persons for CVO or CPO QS. according to the requirements in paragraph (c)(1)(iii) of this section. (vii) CVC or CPC QS ...... An individual .................. (A) Who is a U.S. citizen with: (1) At least 150 days of sea time as part of a harvesting crew in any U.S. commercial fishery, and (2) Recent participation as crew in at least one delivery of crab in a CR crab fishery in the 365 days prior to submission of the applica tion for eligibility, (B) From May 1, 2015, until May 1, 2019, CVC or CPC QS also may be transferred to an individual who is a U.S. citizen with: (1) At least 150 days of sea time as part of a harvesting crew in any U.S. commercial fishery, and (2) Who either: (i) Received an initial allocation of CVC or CPC QS; or (ii) Participated as crew in at least one delivery of crab in a CR crab fishery in any 3 of the 5 crab fishing years starting on July 1, 2000, through June 30, 2005. (viii) CVC or CPC IFQ ..... All eligible individuals for CVC or CPC QS. According to the requirements in paragraph (c)(1)(vii) of this section. (2) Application for eligibility to receive QS/IFQ and PQS/IPQ by transfer. (i) This application is required to estab lish a person’s eligibility to receive QS, PQS, IFQ, or IPQ by transfer, if the person is not an ECCO. See paragraph (j) of this section for eligibility to transfer of QS/IFQ to or from an ECCO. The Regional Administrator shall pro vide an application to any person on request or on the Internet at http:// www.fakr.noaa.gov/. (ii) Contents. A complete Application for Eligibility to Receive QS/IFQ or PQS/IPQ by Transfer must include the following: (A) Type of QS, IFQ, PQS, or IPQ for which the applicant is seeking eligi bility. Indicate type of QS, IFQ, PQS, IPQ for which applicant is seeking eli gibility. (1) If seeking CVO or CPO QS/IFQ, complete paragraphs (c)(2)(ii)(B), (c)(2)(ii)(D) if applicable, (c)(2)(ii)(E), and (c)(2)(ii)(F) of this section; (2) If seeking CVC or CPC QS/IFQ, complete paragraphs (c)(2)(ii)(B), (c)(2)(ii)(C), (c)(2)(ii)(E), and (c)(2)(ii)(F) of this section; (3) If seeking PQS/IPQ, complete paragraphs (c)(2)(ii)(B) and (c)(2)(ii)(F) of this section; VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01066 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 1057 Fishery Conservation and Management § 680.41 (B) Applicant information. (1) Enter applicant’s name and NMFS Person ID, applicant’s date of birth or, if not an individual, date of incorporation; appli cant’s social security number or tax ID number; applicant’s permanent busi ness mailing address and any tem porary business mailing address the ap plicant wishes to use, and the appli cant’s business telephone number, busi ness facsimile number, and e-mail ad dress (if available). (2) Indicate (YES or NO) whether the applicant is a U.S. citizen or U.S. cor poration, partnership or other business entity. Applicants for CVO, CPO, CVC or CPC QS (and associated IFQ) must be U.S. Citizens or U.S. Corporations, Partnerships or Other Business Entity. Applicants for PQS (and associated IPQ) are not required to be U.S. Citi zens. (C) Eligibility for CVC or CPC QS/IFQ. Indicate (YES or NO) whether this ap plication is intended for a person who wishes to buy CVC or CPC QS/IFQ. If YES, provide evidence demonstrating that the applicant meets the criteria set forth in paragraph (c)(1)(vii) of this section. Acceptable evidence is limited to an ADF&G fish ticket imprinted with the applicant’s State of Alaska permit card and signed by the appli cant, an affidavit from the vessel owner, or a signed receipt for an IFQ crab landing on which the applicant was acting as the permit holder’s crab IFQ hired master. (D) U.S. Corporations, partnerships, or business entities. (1) Indicate (YES or NO) whether this application is sub mitted by a CDQ Group. If YES, com plete paragraph (c)(2)(ii)(F) of this sec tion; (2) Indicate (YES or NO) whether this application is submitted on behalf of a corporation, partnership or other busi ness entity (not including CDQ groups). If YES: At least one member of the cor poration, partnership or other business entity must submit documentation showing at least 20 percent interest in the corporation, partnership, or other entity and must provide evidence of at least 150 days as part of a harvesting crew in any U.S. commercial fishery. Identify the individual member and provide this individual’s commercial fishing experience, name, NMFS person ID, and social security number, and business mailing address, business tele phone number, and business facsimile number. (E) Commercial fishing experience. (1) Species; enter any targeted species in a U.S. commercial fishery; (2) Gear Type; enter any gear type used to legally harvest in a U.S. com mercial fishery; (3) Location; enter actual regulatory, statistical, or geographic harvesting location; (4) Starting date and ending date of claimed fishing period (MMYY); (5) Number of actual days spent har vesting; (6) Duties performed while directly involved in the harvesting of (be spe cific): (7) Name and ADF&G vessel registra tion number or USCG documentation number of the vessel upon which above duties were performed; (8) Name of vessel owner; (9) Name of vessel operator; (10) Reference name. Enter the name of a person (other than applicant) who is able to verify the above experience; (11) Reference’s relationship to appli cant; (12) Reference’s business mailing ad dress and telephone number. (F) Applicant certification. (1) Printed name and signature of applicant and date signed; (2) [Reserved] (G) Verification that the applicant applying for eligibility to receive crab QS/IFQ or PQS/IPQ by transfer has sub mitted an EDR, if required to do so under § 680.6; (H) A non-profit entity seeking ap proval to receive crab QS or IFQ by transfer on behalf of a ECC must first complete an Application to Become an ECCO under paragraph (j) of this sec tion. (d) Transfer of CVO, CPO, CVC, CPC QS or PQS—(1) General. PQS or QS may be transferred, with approval of the Re gional Administrator, to persons quali fied to receive PQS or QS by transfer. However, the Regional Administrator will not approve a transfer of any type of PQS or QS that would cause a person to exceed the maximum amount of PQS or QS allowable under the use limits VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01067 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 1058 50 CFR Ch. VI (10–1–22 Edition) § 680.41 provided for in § 680.42, except as pro vided for under paragraph (f) of this section. (2) CVO QS. CVO QS may be trans ferred to any person eligible to receive CVO or CPO QS as defined under para graph (c) of this section. (3) CPO QS. Persons holding CPO QS may transfer CPO QS as CVO QS and PQS to eligible recipients under the following provisions: (i) Each unit of CPO QS shall yield 1 unit of CVO QS, and 0.9 units of PQS; and (ii) The CVO QS and PQS derived from the transfer of CPO QS may be transferred separately, except that these shares must receive the same re gional designation. The regional des ignation shall be determined at the time of transfer by the person receiv ing the CVO QS. (4) CVC or CPC QS. CVC or CPC QS may be transferred to any person eligi ble to receive CVC or CPC QS as de fined under paragraph (c) of this sec tion. CVC and CPC QS may only be used in the sector for which it is origi nally designated. (e) Transfer of IFQ or IPQ by Lease— (1) IFQ derived from CVO or CPO QS. IFQ derived from CVO or CPO QS may be transferred by lease until June 30, 2010. IFQ derived from CVO or CPO QS must be leased: (i) If the IFQ will be used on a vessel on which the QS holder has less than a 10 percent ownership interest; or (ii) If the IFQ will be used on a vessel on which the QS holder or the holder of a crab IFQ hired master permit, under § 680.4, is not present. (2) Ownership of a vessel, for the pur poses of this section, means: (i) A sole proprietor; or (ii) A relationship between 2 or more entities in which one directly or indi rectly owns a 10 percent or greater in terest in a vessel. (3) IFQ derived from CVC QS or CPC QS. IFQ derived from CVC or CPC QS may be transferred by lease on an an nual basis. (4) IPQ derived from PQS. IPQ derived from PQS may be leased. (f) Transfer of QS, PQS, IFQ or IPQ with restrictions. If QS, PQS, IFQ or IPQ must be transferred as a result of a court order, operation of law, or as part of a security agreement, but the person receiving the QS, PQS, IFQ or IPQ by transfer does not meet the eli gibility requirements of this section, the Regional Administrator will ap prove, with restrictions, an Application for transfer of crab QS/IFQ or PQS/IPQ. The Regional Administrator will not assign IFQ or IPQ resulting from the restricted QS or PQS to any person. IFQ or IPQ with restrictions may not be used for harvesting or processing species covered under the CR program. The QS, PQS, IFQ or IPQ will remain restricted until: (1) The person who received the QS, PQS, IFQ or IPQ with restrictions meets the eligibility requirements of this section and the Regional Adminis trator approves an application for eli gibility for that person; or (2) The Regional Administrator ap proves the application for transfer from the person who received the QS, PQS, IFQ or IPQ with restrictions to a person who meets the eligibility re quirements of this section. (g) Survivorship transfer privileges. (1) On the death of an individual who holds QS or PQS, the surviving spouse or, in the absence of a surviving spouse, a beneficiary designated pursu ant to paragraph (g)(3) of this section, receives all QS, PQS and IFQ or IPQ held by the decedent by right of survi vorship, unless a contrary intent was expressed by the decedent in a will. The Regional Administrator will ap prove an application for transfer to the surviving spouse or designated bene ficiary when sufficient evidence has been provided to verify the death of the individual. (2) A QS or PQS holder may provide the Regional Administrator with the name of the designated beneficiary from the QS or PQS holder’s immediate family to receive survivorship transfer privileges in the event of the QS or PQS holders death and in the absence of a surviving spouse. (3) The Regional Administrator will approve, for 3 calendar years following the date of the death of an individual, an Application for transfer of crab QS/ IFQ or PQS/IPQ from the surviving spouse or, in the absence of a surviving spouse, a beneficiary from the QS or VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01068 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 1059 Fishery Conservation and Management § 680.41 PQS holder’s immediate family des ignated pursuant to this section, to a person eligible to receive IFQ or IPQ under the provisions of this section, notwithstanding the limitations on transfers of IFQ and IPQ in this section and the use limitations under § 680.42. (h) Applications for transfer—(1) Appli cation for transfer of crab IFQ. NMFS will process a request for transfer of crab individual fishing quota (IFQ) pro vided that a paper application is com pleted, with all information fields ac curately filled in, and all required addi tional documentation is attached. The transferor’s and the transferee’s des ignated representatives must sign and date the application certifying that all information is true, correct, and com plete. The transferor’s designated rep resentative must submit the paper ap plication as indicated on the applica tion. (2) Application for transfer of crab IPQ—(i) Completed application. NMFS will process a request for transfer of crab individual processor quota (IPQ) provided that a paper or electronic re quest form is completed, with all infor mation fields accurately filled in, and all required additional documentation is attached. (ii) Certification of transferor—(A) Non-electronic submittal. The trans feror’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. (B) Electronic submittal. The trans feror’s designated representative must log into the system and create a trans fer request as indicated on the com puter screen. By using the transferor’s NMFS ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. (iii) Certification of transferee—(A) Non-electronic submittal. The trans feree’s designated representative must sign and date the application certifying that all information is true, correct, and complete. (B) Electronic submittal. The trans feree’s designated representative must log into the system and accept the transfer request as indicated on the computer screen. By using the trans feree’s NMFS ID, password and Trans fer Key and submitting the transfer re quest, the designated representative certifies that all information is true, correct, and complete. (3) Application for transfer of crab QS or PQS. NMFS will process a request for transfer of crab quota share (QS) or crab processor quota share (PQS) pro vided that a paper request form is com pleted and notarized, with all informa tion fields accurately filled in, and all required additional documentation is attached. The transferor’s and the transferee’s designated representatives must sign and date the application cer tifying that all information is true, correct, and complete. (i) Approval criteria for an Application for transfer of crab QS/IFQ or PQS/IPQ. Except as provided in paragraph (f) of this section, an application for transfer of QS/IFQ or PQS/IPQ will not be ap proved until the Regional Adminis trator has determined that: (1) The person applying to receive the QS, PQS, IFQ or IPQ meets the require ments of eligibility in paragraph (c) of this section; (2) The person applying for transfer and the person applying to receive QS or IFQ/IPQ have their signatures on the application; (3) No fines, civil penalties, or other payments due and owing, or out standing permit sanctions, resulting from Federal fishery violations involv ing either party exist; (4) The person applying to receive QS, PQS, IFQ or IPQ currently exists; (5) The transfer would not cause the person applying to receive the QS, PQS, IFQ or IPQ to exceed the use lim its in § 680.42; (6) The person applying to make or receive the QS, PQS, IFQ or IPQ trans fer has paid all IFQ or IPQ fees de scribed under § 680.44; or has timely ap pealed the IAD of underpayment as de scribed under § 680.44; (7) The person applying to make or receive the QS, PQS, IFQ or IPQ trans fer has submitted an EDR, if required to do so under § 680.6; (8) In the case of an application for transfer of PQS or IPQ for use outside VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01069 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 1060 50 CFR Ch. VI (10–1–22 Edition) § 680.41 an ECC that has designated an entity to represent it in exercise of ROFR under paragraph (l) of this section: (i) The Regional Administrator will not act upon the application for a pe riod of 10 days. At the end of that time period, the application will be approved pending meeting the criteria set forth in paragraph (i) of this section. (ii) The person applying to transfer PQS subject to ROFR must include an affidavit certifying that the ECC entity was provided with notice of the pro posed transfer at least 90 days prior to the date of the transfer application and that the ECC entity did not exercise its ROFR during that period. (iii) The person applying to receive the PQS must include an affidavit cer tifying that a ROFR contract that in cludes the ROFR contract terms speci fied in Chapter 11 section 3.4.4.1.2 of the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs has been completed with an ECC entity eligible to hold a ROFR under paragraph (l) of this section and that represents an ECC within the region for which the PQS is designated. (9) In the case of an application for transfer of PQS for use within an ECC that has designated an entity to rep resent it in exercise of ROFR under paragraph (l) of this section, the Re gional Administrator will not approve the application unless the proposed re cipient of the PQS and the ECC entity provide an affidavit to the Regional Administrator certifying that either the ECC wishes to permanently waive ROFR for the PQS or that a ROFR con tract that includes the ROFR contract terms specified in Chapter 11 section 3.4.4.1.2 of the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs has been com pleted by the proposed recipient of the PQS and the ECC entity. (10) Other pertinent information re quested on the application for transfer has been supplied to the satisfaction of the Regional Administrator. (11) The person applying to receive the CVC QS or IFQ or CPC QS or IFQ by transfer has submitted proof of at least one delivery of a crab species in any CR crab fishery in the 365 days prior to submission to NMFS of the Ap plication for transfer of crab QS/IFQ or PQS/IPQ, except if eligible under the eligibility requirements in paragraph (c)(1)(vii)(B) of this section. Proof of this landing is— (i) Signature of the applicant on an ADF&G fish ticket; or (ii) An affidavit from the vessel owner attesting to that person’s par ticipation as a member of a fish har vesting crew on board a vessel during a landing of a crab QS species within the 365 days prior to submission of an Ap plication for transfer of crab QS/IFQ or PQS/IPQ. (j) Transfer of crab QS/IFQ to or from and ECCO—(1) Designation of an ECCO. (i) The appropriate governing body of each ECC may designate a non-profit organization to serve as the ECCO for that ECC. To transfer and hold QS on the behalf of that ECC, this designa tion must be submitted by the non profit organization in its Application to Become an ECCO. (ii) If the non-profit entity is ap proved by NMFS to serve as the ECCO, then the appropriate governing body of the ECC must authorize the transfer of any QS from the ECCO. (iii) The appropriate governing body for purposes of designating a non-profit organization for the Application to Be come an ECCO, or acknowledging the transfer of any QS from an ECCO in each ECC is as follows: (A) If the ECC is also a community eligible to participate in the Western Alaska CDQ Program, then the CDQ group is the appropriate governing body; (B) If the ECC is not a CDQ commu nity and is incorporated as a munici pality and is not within an incor porated borough, then the municipal government is the appropriate gov erning body; (C) If the ECC is not a CDQ commu nity and is incorporated as a munici pality and also within an incorporated borough, then the municipality and borough jointly serve as the appro priate governing body and both must agree to designate the same non-profit organization to serve as the ECCO or acknowledge the transfer of QS from the ECCO; and (D) If the ECC is not a CDQ commu nity and is not incorporated as a mu nicipality and is in a borough, then the VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01070 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 1061 Fishery Conservation and Management § 680.41 borough in which the ECC is located is the appropriate governing body. (iv) The appropriate governing body in each ECC may designate only one non-profit organization to serve as the ECCO for that community at any one time. (2) Application to become an ECCO. Prior to initially receiving QS or IFQ by transfer on behalf of a specific ECC, a non-profit organization that intends to represent that ECC as a ECCO must submit an application to become an ECCO and have that application ap proved by the Regional Administrator. The Regional Administrator shall pro vide an application to become an ECCO to any person on request or on the Internet at http://www.fakr.noaa.gov/. (i) Contents of application—(A) Appli cant identification. (1) Enter the name of the non-profit organization, tax payer ID number, and NMFS Person ID, applicant’s permanent business mailing address and any temporary business mailing address the applicant wishes to use, and the name of contact person, business telephone number, business facsimile number, and e-mail address (if available); (2) Name of community or commu nities represented by the non-profit or ganization; and (3) Name of contact person for the governing body of each community rep resented. (B) Required attachments to the appli cation. (1) The articles of incorporation under the laws of the State of Alaska for that non-profit organization; (2) A statement indicating the ECC(s) represented by that non-profit organi zation for purposes of holding QS; (3) The bylaws of the non-profit orga nization; (4) A list of key personnel of the management organization including, but not limited to, the board of direc tors, officers, representatives, and any managers; (5) Additional contact information of the managing personnel for the non profit organization and resumes of management personnel; (6) A description of how the non-prof it organization is qualified to manage QS on behalf of the ECC it is des ignated to represent, and a demonstra tion that the non-profit organization has the management skills and tech nical expertise to manage QS and IFQ; and (7) A statement describing the proce dures that will be used to determine the distribution of IFQ to residents of the ECC represented by that non-profit organization, including procedures used to solicit requests from residents to lease IFQ and criteria used to deter mine the distribution of IFQ leases among qualified community residents and the relative weighting of those cri teria. (C) Applicant certification. (1) Printed name of applicant or authorized agent, signature, and date signed. If author ized agent, proof of authorization to act on behalf of the applicant must be provided with the application. (2) [Reserved] (ii) [Reserved] (k) Application for transfer of crab QS/ IFQ to or from an ECCO. (1) An applica tion for transfer of crab QS/IFQ to or from an ECCO must be approved by the Regional Administrator before the transferee may use the IFQ to harvest crab QS species. (2) An application for transfer of crab QS/IFQ to or from an ECCO will not be approved until the Regional Adminis trator has reviewed and approved the transfer agreement signed by the par ties to the transaction. Persons who submit an application for transfer of crab QS/IFQ to or from an ECCO for ap proval will receive notification of the Regional Administrator’s decision to approve or disapprove the application, and if applicable, the reason(s) for dis approval, by mail, unless another com munication mode is requested on the application. (3) Contents. A complete application for transfer of crab QS/IFQ to or from an ECCO includes the following: (i) General requirements. (A) This form may only be used if an ECCO is the pro posed transferor or the proposed trans feree of the QS or IFQ. (B) The party to whom an ECCO is seeking to transfer the QS/IFQ must be eligible to receive QS/IFQ by transfer. (C) If the ECCO is applying to perma nently transfer QS, a representative of the community on whose behalf the QS is held must sign the application. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01071 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 1062 50 CFR Ch. VI (10–1–22 Edition) § 680.41 (D) If authorized representative rep resents either the transferor or trans feree, proof of authorization to act on behalf of transferor or transferee must be attached to the application. (ii) Transferor information. Enter the transferor’s (person currently holding the QS or IFQ) name, NMFS Person ID, social security number or Tax ID, per manent business mailing address, busi ness telephone, business facsimile, and business e-mail address. If transferor is an ECCO, enter the name of ECC rep resented by the ECCO. The transferor may also provide a temporary address for each transaction in addition to the permanent business mailing address. (iii) Transferee information. Enter the transferee’s (person receiving QS or IFQ by transfer) name, NMFS Person ID, social security number or Tax ID, permanent business mailing address, business telephone, business facsimile, and business e-mail. If transferee is an ECCO, name of the community (ECC) represented by the ECCO. The trans feree may also provide a temporary ad dress for each transaction in addition to the permanent business mailing ad dress. (iv) Identification of QS/IFQ to be transferred. Complete the following in formation if QS and IFQ are to be transferred together or if transferring only QS: (A) QS species; (B) QS type; (C) Number of QS or IFQ units to be transferred; (D) Total QS units; (E) Number of IFQ pounds; (F) Range of serial numbers to be transferred (shown on QS certificate) numbered to and from; (G) Name of community to which QS are currently assigned; and (H) Indicate (YES or NO) whether re maining IFQ pounds for the current fishing year should be transferred; if NO, specify the number of pounds to be transferred. (v) Transfer of IFQ only. (A) IFQ per mit number and year of permit, and (B) Actual number of IFQ pounds to be transferred. (vi) Transferor Information, if an ECCO. Reason(s) for transfer: (A) ECCO management and adminis tration; (B) Fund additional QS purchase; (C) Participation by community resi dents; (D) Dissolution of ECCO; and (E) Other (specify). (vii) Price paid for QS, PQS, and/or IFQ, IPQ (Transferor). The transferor must provide the following informa tion: (A) Whether (YES or NO) a broker was used for this transaction; If YES, provide dollar amount paid in broker age fees or percentage of total price; (B) Provide the total amount paid for the QS/IFQ in this transaction, includ ing all fees; (C) Provide the price per unit of QS (price divided by QS units) and the price per pound (price divided by IFQ) of IFQ; and (D) Indicate all reasons that apply for transferring the QS/IFQ. (viii) Price paid for QS, PQS, and/or IFQ, IPQ (Transferee). The transferee must provide the following informa tion: (A) Indicate (YES or NO) whether QS/ IFQ purchase will have a lien attached; if YES, provide the name of lien holder; (B) Indicate one primary source of fi nancing for this transfer; (C) Indicate the sources used to lo cate the QS or IFQ being transferred; (D) Indicate the relationship, if any, between the transferor and the trans feree; (E) Indicate (YES or NO) whether an agreement exists to return the QS or IFQ to the transferor or any other per son, or with a condition placed on re sale; If YES, explain; and (F) Attach a copy of the terms of agreement for the transfer, the bill of sale for QS, or lease agreement for IFQ. (ix) Certification information—(A) Cer tification of transferor. (1) Printed name and signature of transferor or author ized agent and date signed. If author ized agent, proof of authorization to act on behalf of the transferor must be provided with the application. (2) [Reserved] (B) Certification of transferee. (1) Printed name and signature of trans feree or authorized agent and date signed. If authorized agent, proof of au thorization to act on behalf of the transferee must be provided with the application. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01072 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 1063 Fishery Conservation and Management § 680.41 (2) [Reserved] (C) Certification of authorized rep resentative of community. (1) Printed name, title and signature of authorized community representative, date signed, and printed name of commu nity. (2) [Reserved] (4) Attachments to the application and other conditions to be met. (i) Indicate whether the person applying to make or receive the QS, PQS, IFQ or IPQ transfer has submitted an EDR, if re quired to do so under § 680.6, and paid all fees, as required by § 680.44. (ii) A copy of the terms of agreement for the transfer, the bill of sale for QS or PQS, or lease agreement for IFQ or IPQ. (iii) An affirmation that the indi vidual receiving IFQ from an ECCO has been a permanent resident in the ECC for a period of 12 months prior to the submission of the Application for Transfer QS/IFQ to or from an ECCO on whose behalf the ECCO holds QS. (5) Approval criteria for an application for transfer of crab QS/IFQ to or from an ECCO. In addition to the criteria re quired for approval under paragraph (i) of this section, the following criteria are also required: (i) The ECCO applying to receive or transfer crab QS has submitted a com plete annual report(s) required by § 680.5; (ii) The ECCO applying to transfer crab QS has provided information on the reasons for the transfer as de scribed in paragraph (e) of this section; and (iii) An individual applying to receive IFQ from an ECCO is a permanent resi dent of the ECC in whose name the ECCO is holding QS. (l) Eligible crab community right of first refusal (ROFR)—(1) Applicability—(i) Ex empt Fisheries. PQS and IPQ issued for the EBT, WBT, WAG, or WAI crab QS fisheries are exempt from ROFR provi sions. (ii) Eligible Crab Communities (ECCs). The ROFR extends to the ECCs, other than Adak, and their associated gov erning bodies. The ROFR may be exer cised by the ECC entity representing that ECC. (2) Community representation—(i) CDQ Communities. ECC entity for purposes of exercise of ROFR for any ECC that is also a CDQ community shall be the CDQ group to which the ECC is a mem ber. (ii) Non-CDQ communities. (A) Any ECC, other than Adak, that is a non CDQ community may designate an ECC entity that will represent the commu nity in the exercise of ROFR at least 30 days prior to the ending date for the initial application period for the crab QS program specified in the FEDERAL REGISTER. (B) The ECC entity eligible to exer cise the right of first refusal on behalf of an ECC will be identified by the gov erning body(s) of the ECC. If the ECC is incorporated under the laws of the State of Alaska, and not within an in corporated borough, then the munici pality is the governing body; if the ECC is incorporated and within an incor porated borough, then the municipality and borough are the governing bodies and must agree to designate the same ECC entity; if the ECC is not incor porated and in an incorporated bor ough, then the borough is the gov erning body. (C) Each ECC may designate only one ECC entity to represent that commu nity in the exercise of ROFR at any one time through a statement of sup port from the governing body of the ECC. That statement of support identi fying the ECC entity must be sub mitted to the Regional Administrator, NMFS, Post Office Box 21668, Juneau, Alaska 99802, at least 30 days prior to the ending date of the initial applica tion period for the crab QS program under § 680.40. (D) The ECC ROFR is not assignable by the ECC entity. (3) Restrictions on transfer of PQS or IPQ out of North Gulf of Alaska commu nities—(i) Applicability. Any community in the Gulf of Alaska north of a line at 56°20′ N. lat. (ii) Notification of PQS or IPQ transfer. A PQS holder submitting an applica tion to transfer PQS or IPQ for use in processing outside any community identified under paragraph (l)(3)(i) must notify the ECC entity designated by the City of Kodiak and Kodiak Is land Borough under paragraph (l)(2) of this section 10 days prior to the in tended transfer of PQS or IPQ for use VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01073 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 1064 50 CFR Ch. VI (10–1–22 Edition) § 680.42 outside the community. At the end of that time period, the application will be approved pending meeting the cri teria set forth in paragraph (i) of this section. [70 FR 10241, Mar. 2, 2005, as amended at 71 FR 32864, June 7, 2006; 73 FR 29983, May 23, 2008; 74 FR 51520, Oct. 7, 2009; 80 FR 15898, Mar. 26, 2015; 81 FR 1561, Jan. 13, 2016; 81 FR 24518, Apr. 26, 2016; 86 FR 70754, Dec. 13, 2021] § 680.42 Limitations on use of QS, PQS, IFQ, and IPQ. (a) QS and IFQ use caps—(1) General. Separate and distinct QS and IFQ use caps apply to all QS and IFQ categories pertaining to a given crab QS fishery with the following provisions: (i) A person who receives an initial allocation of QS that exceeds the use cap listed in paragraph (a)(2) of this section may not receive QS by transfer unless and until that person’s holdings are reduced to an amount below the use cap. (ii) A person will not be issued QS in excess of the use cap established in this section based on QS derived from land ings attributed to an LLP license ob tained via transfer after June 10, 2002 unless; (A) The person applies to receive QS based on an LLP transferred after June 10, 2002 but prior to November 24, 2004, and (B) The person will receive the amount of QS associated with that transferred LLP in excess of the use cap established in this section for a crab QS fishery solely because of the adjustment to legal landings available for QS allocation resulting from the BSAI Crab Capacity Reduction Pro gram. (iii) QS and IFQ use caps shall be based on the initial QS pools used to determine initial allocations of QS. (2) Except for non-individual persons who hold PQS, as provided for in para graph (a)(1)(ii) of this section, or a CDQ group, as provided for in paragraph (a)(3) of this section, a person, individ ually or collectively, may not: (i) Hold QS in amounts in excess of the amounts specified in the following table, unless that person’s QS was re ceived in the initial allocation: Fishery CVO/CPO Use Cap in QS Units CVC/CPC Use Cap in QS Units (A) Percent of the initial QS pool for BBR 1.0% = 3,880,000. 2.0% = 240,000 (B) Percent of the initial QS pool for BSS 1.0% = 9,700,000. 2.0% = 600,000 (C) Percent of the initial QS pool for EBT 1.0% = 1,940,000. 2.0% = 120,000 (D) Percent of the initial QS pool for WBT 1.0% = 1,940,000. 2.0% = 120,000 (E) Percent of the initial QS pool for PIK 2.0% = 582,000 4.0% = 36,000 (F) Percent of the initial QS pool for SMB 2.0% = 582,000 4.0% = 36,000 (G) Percent of the ini tial QS pool for EAG 10.0% = 970,000. 20.0% = 60,000 (H) Percent of the initial QS pool for WAG 10.0% = 3,880,000. 20.0% = 240,000 (I) Percent of the initial QS pool for WAI 10.0% = 5,820,000. 20.0% = 360,000 (ii) Use IFQ in excess of the amount of IFQ that results from the QS caps in paragraph (a)(2)(i) of this section, un less that IFQ results from QS that was received by that person in the initial allocation of QS for that crab QS fish ery. (3) A CDQ Group, individually or col lectively, may not: (i) Hold QS in excess of more than the amounts of QS specified in the fol lowing table: Fishery CDQ CVO/ CPO Use Cap in QS Units (A) 5.0 percent of the initial QS pool for BBR 19,400,000 (B) 5.0 percent of the initial QS pool for BSS 48,500,000 (C) 5.0 percent of the initial QS pool for EBT 9,700,000 (D) 5.0 percent of the initial QS pool for WBT 9,700,000 (E) 10.0 percent of the initial QS pool for PIK 2,910,000 (F) 10.0 percent of the initial QS pool for SMB 2,910,000 (G) 20.0 percent of the initial QS pool for EAG 1,940,000 (H) 20.0 percent of the initial QS pool for WAG 7,760,000 (I) 20.0 percent of the initial QS pool for WAI 11,640,000 (ii) Use IFQ in excess of the amount of IFQ that results from the QS caps in paragraph (a)(3)(i) of this section, un less that IFQ results from QS that was received by that person in the initial VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01074 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 1065 Fishery Conservation and Management ยง 680.42 allocation of QS for that crab QS fish ery. (4) A person who is not an individual and who holds PQS may not: (i) Hold QS in excess of the amounts specified in the following table: Fishery CVO/CPO Use Cap in QS Units (A) 5.0 percent of the initial QS pool for BBR 19,400,000 (B) 5.0 percent of the initial QS pool for BSS 48,500,000 (C) 5.0 percent of the initial QS pool for EBT 9,700,000 (D) 5.0 percent of the initial QS pool for WBT 9,700,000 (E) 5.0 percent of the initial QS pool for PIK 1,455,000 (F) 5.0 percent of the initial QS pool for SMB 1,455,000 (G) 5.0 percent of the initial QS pool for EAG 485,000 (H) 5.0 percent of the initial QS pool for WAG 1,940,000 (I) 5.0 percent of the initial QS pool for WAI 2,910,000 (ii) Use IFQ in excess of the amount of IFQ that results from the QS caps in paragraph (a)(4)(i) of this section, un less that IFQ results from QS that was received by that person in the initial allocation of QS for that crab QS fish ery. (iii) A non-individual person that holds PQS, and all affiliates of that person, is limited to a QS and IFQ use cap that is calculated based on the sum of all QS or IFQ held by that PQS hold er and all QS or IFQ held by any affil iate of the PQS holder. (5) IFQ that is used by a crab har vesting cooperative is not subject to the use caps in this paragraph (a) ex cept as provided for in paragraph (a)(7) of this section. (6) Non-individual persons holding QS will be required to provide, on an an nual basis, a list of persons with an ownership interest in the non-indi vidual QS holder. This list of owners shall be provided to the individual level and will include the percentage of ownership held by each individual. This annual submission of information must be submitted as part of the complete annual application for crab IFQ/IPQ permit. (7) In a calendar year, an entity as described in ยง 680.40(c)(5)(ii), (c)(5)(iii), or (c)(5)(iv), may not use more than 1,000,000 lb (453.6 mt) of IFQ derived from converted CPO QS in the BBR or BSS crab QS fisheries. (b) PQS and IPQ Use Caps. (1) A per son may not: (i) Hold more than 30 percent of the initial PQS pool in any crab QS fishery unless that person received an initial allocation of PQS in excess of this limit. A person will not be issued PQS in excess of the use caps established in this section based on PQS derived from the transfer of legal processing history after June 10, 2002. (ii) Use IPQ in excess of the amount of IPQ that results from the PQS caps in paragraph (b)(1)(i) of this section, unless that IPQ is: (A) Derived from PQS that was re ceived by that person in the initial al location of PQS for that crab QS fish ery, or (B) Subject to an exemption for that IPQ pursuant to ยง 680.4(p). (2) A person may not use more than 60 percent of the IPQ issued in the BSS crab QS fishery with a North region designation during a crab fishing year except that a person who: (i) Holds IPQ; and (ii) Has a 10 percent or greater direct or indirect ownership interest in the shoreside crab processor or stationary floating crab processor where that IPQ crab is processed will not be considered to use any IPQ in the BSS crab QS fish ery with a North region designation if that IPQ meets the requirements de scribed in paragraph (b)(7) of this sec tion. (3) Non-individual persons holding PQS will be required to provide, on an annual basis, a list of persons with an ownership interest in the non-indi vidual PQS holder. This list of owners shall be provided to the individual level and will include the percentage of ownership held by each individual. This annual submission of information must be submitted as part of the complete annual application for crab IFQ/IPQ permit. A person will be considered to be a holder of PQS for purposes of ap plying the PQS use caps in this para graph if that person: (i) Is the sole proprietor of an entity that holds PQS; or (ii) Is not a CDQ group and directly or indirectly owns a 10 percent or VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01075 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 1066 50 CFR Ch. VI (10–1–22 Edition) § 680.42 greater interest in an entity that holds PQS. (iii) A person that is not a CDQ group and holds PQS is limited to a PQS use cap that is calculated based on the sum of all PQS held by that PQS holder and all PQS held by any affiliate of the PQS holder. A CDQ group that holds PQS is limited to a PQS use cap that is calculated based on the sum of all PQS held, individually or collectively, by that CDQ group. (iv) A person that is not a CDQ group and holds IPQ is limited to an IPQ use cap that is calculated based on the sum of all IPQ held by that IPQ holder and all IPQ held by any affiliate of the IPQ holder. A CDQ group that holds IPQ is limited to an IPQ use cap that is cal culated based on the sum of all IPQ held, individually or collectively, by that CDQ group. (4) Before July 1, 2007, IPQ for the BSS, BBR, PIK, SMB, and EAG crab QS fisheries may not be used to process crab derived from PQS based on activi ties in an ECC, except in the geo graphic boundaries established in para graph (b)(4)(iv) of this section, except that, before July 1, 2007: (i) Ten percent of the IPQs that are issued for a crab QS fishery or an amount of IPQ that yields up to 500,000 raw crab pounds (226.7 mt) on an an nual basis, whichever is less, may be leased for use in processing crab out side that ECC. The amount of IPQ that is issued on an annual basis for use in that ECC and the amount that may be leased outside that ECC will be estab lished annually and will be divided on a pro rata basis among all PQS permit holders issued IPQ for use in that ECC for that year. (ii) IPQ in excess of the amounts specified in paragraph (c)(7)(i) of this section may be used outside the ECC for which that IPQ is designated if an unavoidable circumstance prevents crab processing within that ECC. For purposes of this section, an unavoid able circumstance exists if the specific intent to conduct processing for a crab QS species in that ECC was thwarted by a circumstance that was: (A) Unavoidable; (B) Unique to the IPQ permit holder, or to the processing facility used by the IPQ permit holder in that ECC; (C) Unforeseen and reasonably un foreseeable to the IPQ permit holder; (D) The circumstance that prevented the IPQ permit holder from processing crab in that ECC actually occurred; and (E) The IPQ permit holder took all reasonable steps to overcome the cir cumstance that prevented the IPQ per mit holder from conducting processing for that crab QS fishery in that ECC. (iii) This provision does not exempt any IPQ permit holder from any re gional designation that may apply to that IPQ. (iv) Geographic boundaries for use of IPQ outside ECCs for purposes of para graph (b)(4) of this section: (A) Akutan, False Pass, King Cove, or Port Moller: IPQ may not be used outside of the boundaries of the Aleu tians East Borough as those boundaries are established by the State of Alaska; (B) Kodiak: IPQ may not be used out side of the boundaries of the Kodiak Is land Borough as those boundaries are established by the State of Alaska; (C) Adak: IPQ may not be used out side of the boundaries of the City of Adak as those boundaries are estab lished by the State of Alaska; (D) Unalaska/Dutch Harbor: IPQ may not be used outside of the boundaries of the City of Unalaska as those bound aries are established by the State of Alaska. (E) St. George: IPQ may not be used outside of the boundaries of the City of St. George as those boundaries are es tablished by the State of Alaska. (F) St. Paul: IPQ may not be used outside of the boundaries of the City of St. Paul as those boundaries are estab lished by the State of Alaska. (5) Any person harvesting crab under a Class A CVO or Class A CVC IFQ Per mit, except as provided under para graph (b)(4) of this section, must de liver that crab: (i) Only to RCRs with unused IPQ for the same crab QS fishery; and (ii) Only to an RCR in the region for which the QS and IFQ is designated. (6) Any person harvesting crab under a Class B IFQ, CPO IFQ, CVC IFQ, or CPC IFQ permit may deliver that crab to any RCR. (7) Any IPQ crab that is received by an RCR will not be considered use of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01076 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 1067 Fishery Conservation and Management § 680.42 IPQ by an IPQ holder who has a 10 per cent or greater direct or indirect own ership interest in the shoreside crab processor or stationary floating crab processor where that IPQ crab is proc essed under § 680.7(a)(7) or paragraph (a)(8) of this section if: (i) That RCR is not affiliated with an IPQ holder who has a 10 percent or greater direct or indirect ownership in terest in the shoreside crab processor or stationary floating crab processor where that IPQ crab is processed; and (ii) The IPQ crab meets the condi tions in paragraphs (b)(7)(ii)(A) and (B) of this section or the IPQ crab meets the conditions in paragraph (b)(7)(ii)(C) of this section: (A) The IPQ crab is: (1) BSS IPQ crab with a North region designation; (2) EAG IPQ crab; (3) EBT IPQ crab; (4) PIK IPQ crab; (5) SMB IPQ crab; (6) WAG IPQ crab provided that IPQ crab is processed west of 174 degrees west longitude; (7) WAI IPQ crab; or (8) WBT IPQ crab. (B) That IPQ crab is processed at: (1) Any shoreside crab processor lo cated within the boundaries of a home rule, first class, or second class city in the State of Alaska in existence on June 29, 2009; or (2) Any stationary floating crab proc essor that is: (i) Located within the boundaries of a home rule, first class, or second class city in the State of Alaska in existence on June 29, 2009; (ii) Moored at a dock, docking facil ity, or at a permanent mooring buoy, unless that stationary floating crab processor is located within the bound aries of the city of Atka in which case that stationary floating crab processor is not required to be moored at a dock, docking facility, or at a permanent mooring buoy; and (iii) Located within a harbor, unless that stationary floating crab processor is located within the boundaries of the city of Atka on June 29, 2009, in which case that stationary floating crab proc essor is not required to be located within a harbor. (C) The IPQ crab is: (1) Derived from PQS that is, or was, subject to a ROFR as that term is de fined at § 680.2; (2) Derived from PQS that has been transferred from the initial recipient of those PQS to another person under the requirements described at § 680.41; (3) Received by an RCR who is not the initial recipient of those PQS; and (4) Received by an RCR within the boundaries of the ECC for which that PQS and IPQ derived from that PQS is, or was, designated in the ROFR. (8) Any IPQ crab that is received by an RCR will not be considered use of IPQ by an IPQ holder for the purposes of paragraphs (b)(1) and (b)(2) of this section, if the IPQ is subject to an ex emption pursuant to § 680.4(p). (c) Vessel limitations. (1) Except for vessels that participate solely in a crab harvesting cooperative as described under § 680.21 and under the provisions described in paragraph (c)(4) of this section, no vessel may be used to har vest CVO or CPO IFQ in excess of the following percentages of the TAC for that crab QS fishery for that crab fish ing year: (i) 2.0 percent for BSS; (ii) 2.0 percent for BBR; (iii) 2.0 percent for EBT; (iv) 2.0 percent for WBT; (v) 4.0 percent for PIK; (vi) 4.0 percent for SMB; (vii) 20.0 percent for EAG; (viii) 20.0 percent for WAG; or (ix) 20.0 percent for the WAI crab QS fishery west of 179° W. long. (2) CVC or CPC IFQ used on a vessel will not be included in determining whether a vessel use cap is met. (3) A single person who receives an initial allocation of QS that results in IFQ that is in excess of the vessel use caps, in paragraph (c)(1) of this section, that person may catch and retain crab harvested with the resulting IFQ with a single vessel. However, this provision does not apply to IFQ resulting from QS derived from transfer of an LLP crab license that occurred after June 10, 2002. Two or more persons may not catch and retain their IFQ with one vessel in excess of these limitations. (4) A vessel use cap would not apply to a vessel if all of the CVO or CPO IFQ used on that vessel in a crab fishing VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01077 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 1068 50 CFR Ch. VI (10–1–22 Edition) § 680.43 year is held by a crab harvesting coop erative. This exemption is forfeited if that vessel is used to harvest any amount of CVO or CPO IFQ not held by a crab harvesting cooperative during the same crab fishing year. (5) A person holding a CVC or CPC IFQ permit is required to be aboard the vessel upon which their IFQ is being harvested. (6) A person holding CVO or CPO QS does not have to be aboard the vessel being used to harvest their IFQ if they hold at least a 10 percent ownership in terest in the vessel upon which the IFQ is to be harvested and are represented on board the vessel by a crab IFQ hired master employed by that QS holder as authorized under § 680.4. (7) Ownership of a vessel means, for purposes of this section: (i) A sole proprietor; or (ii) A person that directly or indi rectly owns a 10 percent or greater in terest in an entity that owns a vessel. [70 FR 10241, Mar. 2, 2005, as amended at 70 FR 33395, June 8, 2005; 70 FR 75421, 75422, Dec. 20, 2005; 71 FR 32865, June 7, 2006; 73 FR 29983, May 23, 2008; 73 FR 35088, June 20, 2008; 74 FR 25457, May 28, 2009; 78 FR 28531, May 15, 2013; 81 FR 4212, Jan. 26, 2016; 81 FR 92702, Dec. 20, 2016; 82 FR 52014, Nov. 9, 2017] § 680.43 Revocation of CVC and CPC QS. (a) Beginning July 1, 2019, the Re gional Administrator will revoke all CVC QS and CPC QS held by an indi vidual who has not met the participa tion requirements set forth in § 680.40(m). The Regional Administrator will revoke an individual’s CVC QS or CPC QS in accordance with the proce dures set forth in this section. (b) Notice of C Share QS Inactivity. The Regional Administrator will issue a Notice of C Share QS Inactivity to an individual holding CVC or CPC QS if, after reviewing the CVC or CPC QS holder’s Applications for Annual Crab IFQ Permit, the Regional Adminis trator determines that the CVC or CPC QS holder has failed to meet the par ticipation requirements in § 680.40(m). A CVC or CPC QS holder who receives such a Notice will have 60 days to pro vide the Regional Administrator with information demonstrating participa tion as crew that meets the require ments of § 680.40(m). (c) Initial administrative determination (IAD). The Regional Administrator will prepare and send an IAD to the CVC or CPC QS holder following the expiration of the 60-day evidentiary period if the Regional Administrator determines that the information or evidence pro vided by the CVC or CPC QS holder fails to demonstrate participation as crew and is insufficient to rebut the in formation included in the CVC or CPC QS holder’s Applications for Annual Crab IFQ Permit, or if the additional information or evidence is not provided within the time period specified in the Notice of C Share QS Inactivity. The IAD will explain the basis for the rev ocation determination. A CVC or CPC QS holder who receives an IAD for rev ocation may appeal under the appeals procedures set forth at 15 CFR part 906. A CVC or CPC QS holder who avails himself or herself of the opportunity to appeal an IAD for revocation will not receive crab IFQ or IPQ until after the final resolution of that appeal in the QS holder’s favor. (d) Emergency rule suspending revoca tion of CVC and CPC QS. Under emer gency measures effective July 15, 2022, and notwithstanding any other section of this part, the Regional Adminis trator will not consider participation requirements set forth in § 680.40(m) and will not revoke an individual’s CVC QS or CPC QS for the 2022/2023 crab fishing year and will not begin proceedings to revoke any CVC QS or CPC QS upon reviewing an Application for Annual Crab Individual Fishing Quota (IFQ) Permit submitted in 2022. [80 FR 15899, Mar. 26, 2015, as amended at 87 FR 42394, July 15, 2022] EFFECTIVE DATE NOTE: At 87 FR 42394, July 15, 2022, § 680.43 was amended by adding para graph (d), effective July 15, 2022 through Jan. 11, 2023. § 680.44 Cost recovery. (a) Cost recovery fees—(1) Responsi bility. The person documented on the IFQ, IPQ, CDQ, RCR, Commercial Fish eries Entry Commission (CFEC), or State of Alaska Commissioner’s permit as the permit holder at the time of a CR crab landing must comply with the requirements of this section. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01078 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 1069 Fishery Conservation and Management § 680.44 (i) Subsequent transfer of IFQ, IPQ, CDQ, or QS does not affect the permit holder’s liability for noncompliance with this section. (ii) Non-renewal of an RCR permit does not affect the permit holder’s li ability for noncompliance with this section. (2) Fee liability determination. (i) All CR allocation holders and RCR permit holders will be subject to a fee liability for any CR crab debited from a CR allo cation during a crab fishing year, ex cept for crab designated as personal use or deadloss, or crab confiscated by NMFS or the State of Alaska. (ii) Fee liability must be calculated by multiplying the applicable fee per centage by the ex-vessel value of the CR crab received by the RCR at the time of receipt, except as provided by paragraph (b)(3) of this section. (iii) NMFS will provide a summary to all RCR permit holders during the last quarter of the crab fishing year. The summary will explain the fee liability determination including the current fee percentage, details of raw crab pounds debited from CR allocations by permit, port or port-group, species, date, and prices. (3) Fee collection. (i) All RCRs who re ceive CR crab are responsible for sub mitting the cost recovery payment for all CR crab received. (ii) All RCRs who receive CR crab in a crab fishing year must maintain and submit records for any crab cost recov ery fees collected under the cor responding RCR permit. (4) Payment—(i) Payment due date. An RCR permit holder must submit any crab cost recovery fee liability pay ment(s) to NMFS at the address pro vided in paragraph (a)(4)(iii) of this sec tion no later than July 31 of the crab fishing year following the crab fishing year in which the payment for a CR crab landing was made. (ii) Payment recipient. Make payment payable to NMFS. (iii) Payment address. Submit pay ment and related documents as in structed on the fee submission form. Payments may be made electronically through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. In structions for electronic payment will be made available on both the payment Web site and a fee liability summary letter mailed to the RCR permit hold er. (iv) Payment method—(A) Prior to June 1, 2020, payment must be made in U.S. dollars by personal check drawn on a U.S. bank account, money order, bank-certified check, or electronically by credit card. (B) On or after June 1, 2020, payment must be made electronically in U.S. dollars by automated clearing house, credit card, or electronic check drawn on a U.S. bank account. (b) Ex-vessel value determination and use—(1) General. An RCR permit holder must use either the ex-vessel value de termined for shoreside processors or the ex-vessel value determined for at sea Catcher/Processors (CP), depending on their activity. Ex-vessel value in cludes all cash, services, or other goods-in-kind exchanged for CR crab. (2) Shoreside ex-vessel value. Shoreside processing facilities must use the price paid at the time of purchase as ex-ves sel value for the purposes of calcu lating fee liability. Shoreside proc essing facilities must include any sub sequent retroactive payments as ad justments to the initial calculation of fee liability. (3) Catcher/processor ex-vessel value— (i) General. Catcher/processors must use the corresponding CP standard price(s) for the purposes of calculating fee li ability. (ii) CP standard prices. As part of the summary described in paragraph (a)(2)(iii) of this section, the Regional Administrator will provide CP stand ard prices calculated for the current year during the last quarter of each crab fishing year. The CP standard prices will be described in U.S. dollars per raw crab pound, for CR crab debited from CR allocations during the current crab fishing year. (iii) Effective period. CP standard prices established by NMFS shall apply to all landings made in the same crab fishing year as the CP standard price provided for that year and shall replace any CP standard prices previously pro vided by NMFS. (iv) Determination. NMFS will cal culate the CP standard prices to re flect, as closely as possible, the current crab fishing year’s average shoreside VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01079 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 1070 50 CFR Ch. VI (10–1–22 Edition) § 680.44 processor price by fishery and by spe cies, and any variations in reported shoreside ex-vessel values of CR crab. The Regional Administrator will base CP standard prices on the following types of information: (A) Landed pounds by CR crab, port group, and month; (B) Total shoreside ex-vessel value by CR crab, port-group, and month; and (C) Price adjustments, including ret roactive payments. (4) Fee liability calculation. All RCRs must base all fee liability calculations on the ex-vessel value that correlates to CR crab that is debited from a CR allocation and recorded in raw crab pounds. (c) Crab fee percentage—(1) Established percentage. The crab fee percentage is the amount as determined by the fac tors and methodology described in paragraph (c)(2) of this section. This amount will be announced by publica tion in the FEDERAL REGISTER in ac cordance with paragraph (c)(3) of this section. This amount must not exceed 3 percent pursuant to 16 U.S.C. 1854(d)(2)(B). (i) The calculated crab fee percentage will be divided equally between the harvesting and processing sectors. (ii) Catcher/Processors must pay the full crab fee percentage determined by the fee percentage calculation for all CR crab debited from a CR allocation. (2) Calculating fee percentage value. Each year NMFS shall calculate and publish the fee percentage according to the following factors and methodology: (i) Factors. NMFS must use the fol lowing factors to determine the fee per centage: (A) The catch to which the crab cost recovery fee will apply; (B) The ex-vessel value of that catch; and (C) The costs directly related to the management and enforcement of the Crab Rationalization Program. (ii) Methodology. NMFS must use the following equations to determine the fee percentage: Harvesting and Processing Sectors: [100 (DPC/ V)] 0.5 Catcher/Processors: 100 (DPC /V) where: ‘‘DPC’’ is the direct program costs for the Crab Rationalization Program for the previous fiscal year, and ‘‘V’’ is the ex-vessel value of the catch sub ject to the crab cost recovery fee liabil ity for the current year. (3) Publication—(i) General. During the first quarter of each crab fishing year, NMFS shall calculate the crab fee percentage based on the calcula tions described in paragraph (c)(2) of this section. (ii) Effective period. The calculated IFQ fee percentage remains in effect through the end of the crab fishing year in which it was determined. (4) Applicable percentage. The RCR permit holder must use the crab fee percentage in effect at the time a CR crab is debited from a CR allocation to calculate the crab cost recovery fee li ability for such CR crab. The RCR per mit holder must use the crab fee per centage in effect at the time a CR crab is debited from a CR allocation to cal culate the crab cost recovery fee liabil ity for any retroactive payments for that CR crab. (d) Underpayment of fee liability. (1) Under § 680.4, an applicant will not re ceive new IFQ, IPQ, or RCR permits until he or she submits a complete ap plication. A complete application shall include full payment of an applicant’s complete crab cost recovery fee liabil ity as reported by the RCR. (2) If an RCR fails to submit full pay ment for crab cost recovery fee liabil ity by the date described in paragraph (a)(4) of this section, the Regional Ad ministrator may: (i) At any time thereafter send an IAD to the RCR permit holder stating that the RCR permit holder’s esti mated fee liability, as indicated by his or her own submitted information, is the crab cost recovery fee liability due from the RCR permit holder. (ii) Disapprove any transfer of IFQ, IPQ, QS, or PQS to or from the RCR permit holder in accordance with § 680.41. (3) If an RCR fails to submit full pay ment by the application deadline de scribed at § 680.4, no IFQ or IPQ permit will be issued to that RCR for that crab fishing year. (4) Upon final agency action deter mining that an RCR permit holder has VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01080 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 1071 Fishery Conservation and Management Pt. 680, Table 1 not paid his or her crab cost recovery fee liability, the Regional Adminis trator may continue to withhold issuance of any new IFQ, IPQ, or RCR permit for any subsequent crab fishing years. If payment is not received by the 30th day after the final agency ac tion, the matter will be referred to the appropriate authorities for purposes of collection. (e) Over payment. Upon issuance of final agency action, any amount sub mitted to NMFS in excess of the crab cost recovery fee liability determined to be due by the final agency action will be returned to the RCR permit holder unless the permit holder re quests the agency to credit the excess amount against the permit holder’s fu ture crab cost recovery fee liability. (f) Appeals and requests for reconsider ation. An RCR permit holder who re ceives an IAD may either appeal the IAD pursuant to 50 CFR 679.43 or re quest reconsideration. Within 60 days from the date of issuance of the IAD, the Regional Administrator may un dertake reconsideration of the IAD on his or her own initiative. If a request for reconsideration is submitted or the Regional Administrator initiates re consideration, the 60-day period for ap peal under 50 CFR 679.43 will begin anew upon issuance of the Regional Ad ministrator’s reconsidered IAD. The Regional Administrator may under take only one reconsideration of the IAD, if any. If an RCR permit holder fails to file an appeal of the IAD pursu ant to 50 CFR 679.43 or request recon sideration within the time period pro vided, the IAD will become the final agency action. In any appeal or recon sideration of an IAD made under this section, an RCR permit holder has the burden of proving his or her claim. (g) Fee submission form. An RCR must submit an RCR permit holder fee sub mission form according to § 680.5(g). [70 FR 10241, Mar. 2, 2005, as amended at 71 FR 44232, Aug. 4, 2006; 73 FR 76190, Dec. 15, 2008; 74 FR 51520, Oct. 7, 2009; 81 FR 23649, Apr. 22, 2016] TABLE 1 TO PART 680—CRAB RATIONALIZATION (CR) FISHERIES Fishery Code CR Fishery Geographic Area BBR Bristol Bay red king crab (Paralithodes camtshaticus). In waters of the EEZ with: (1) A northern boundary of 58°30′ N. lat., (2) A southern boundary of 54°36′ N. lat., and (3) A western boundary of 168° W. long. and including all waters of Bristol Bay. BSS Bering Sea Snow crab (Chionoecetes opilio). In waters of the EEZ with: (1) A northern and western boundary of the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and (2) A southern boundary of 54°30′ N. lat. to 171° W. long., and then south to 54°36′ N. lat. EAG Eastern Aleutian Is lands golden king crab (Lithodes aequispinus). In waters of the EEZ with: (1) An eastern boundary the longitude of Scotch Cap Light (164°44′ W. long.) to 53°30′ N. lat., then West to 165° W. long., (2) A western boundary of 174° W. long., and (3) A northern boundary of a line from the latitude of Cape Sarichef (54°36′ N. lat.) west ward to 171° W. long., then north to 55°30′ N. lat., then west to 174° W. long. EBT Eastern Bering Sea Tanner crab (Chionoecetes bairdi). In waters of the EEZ with: (1) A western boundary the longitude of 166° W. long., (2) A northern boundary of the Maritime Boundary Agreement Line as that line is de scribed in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and (3) A southern boundary of 54°30’N. lat. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01081 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 1072 50 CFR Ch. VI (10–1–22 Edition) Pt. 680, Table 3a Fishery Code CR Fishery Geographic Area PIK Pribilof red king and blue king crab (Paralithodes camtshaticus and P. platypus). In waters of the EEZ with: (1) A northern boundary of 58°30′ N. lat., (2) An eastern boundary of 168° W. long., and (3) A southern boundary line from 54°36′ N. lat., 168° W. long., to 54°36′ N. lat., 171° W. long., to 55°30′ N. lat., 171° W. long., to 55°30′ N. lat., 173°30′ E. lat., and then west ward to the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991). SMB St. Matthew blue king crab (Paralithodes platypus). In waters of the EEZ with: (1) A northern boundary of 62° N. lat., (2) A southern boundary of 58°30′ N. lat., and (3) A western boundary of the Maritime Boundary Agreement Line as that line is de scribed in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991). WAG Western Aleutian Is lands golden king crab (Lithodes aequispinus). In waters of the EEZ with: (1) An eastern boundary the longitude 174° W. long., (2) A western boundary the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and (3) A northern boundary of a line from the latitude of 55°30′ N. lat., then west to the U.S.-Russian Convention line of 1867. WAI Western Aleutian Is lands red king crab (Paralithodes camtshaticus). In waters of the EEZ with: (1) An eastern boundary the longitude 179° W. long., (2) A western boundary of the Maritime Boundary Agreement Line as that line is de scribed in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and (3) A northern boundary of a line from the latitude of 55°30′ N. lat., then west to the Mar itime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991). WBT Western Bering Sea Tanner crab (Chionoecetes bairdi). In waters of the EEZ with: (1) An eastern boundary the longitude of 166° W. long., (2) A northern and western boundary of the Maritime Boundary Agreement Line as that line is described in the text of and depicted in the annex to the Maritime Boundary Agreement between the United States and the Union of Soviet Socialist Republics signed in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16, 1991), and (3) A southern boundary of 54°30′ N. lat. to 171° W. long., and then south to 54°36′ N. lat. [71 FR 32866, June 7, 2006] TABLE 3a TO PART 680—CRAB DELIVERY CONDITION CODES [The condition of the fish or shellfish at the point it is weighed and recorded on the ADF&G fish ticket] Code Description 01 .................... Whole crab, live. 79 .................... Deadloss. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01082 Fmt 8010 Sfmt 8026 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 1073 Fishery Conservation and Management Pt. 680, Table 7 TABLE 3b TO PART 680—CRAB DISPOSITION OR PRODUCT CODES Code Description 80 .................... Sections. 95 .................... Personal use—not sold. 97 .................... Other retained product (specify condition). TABLE 7 TO PART 680—INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY Column A: Crab QS Fisheries Column B: Qualifying Years for QS Column C: Eligibility Years for CVC and CPC QS Column D: Recent Participation Seasons for CVC and CPC QS Column E: Subset of Qualifying Years For each crab QS fishery the Regional Admin istrator shall cal culate (see § 680.40(c)(2): QS for any qualified person based on that person’s total legal landings of crab in each of the crab QS fisheries for any: In addition, each person re ceiving CVC and CPC QS must have made at least one landing per year, as recorded on a State of Alaska fish tick et, in any three years during the base period described below: In addition, each person re ceiving CVC or CPC QS, must have made at least one landing, as recorded on a State of Alaska fish ticket, in at least 2 of the last 3 fishing seasons in each of the crab QS fisheries as those sea sons are described below: The max imum num ber of quali fying years that can be used to cal culate QS for each QS fishery is: 1. Bristol Bay red king crab (BBR) 4 years of the 5-year QS base period beginning on: (1) November 1–5, 1996; (2) November 1–5, 1997; (3) November 1–6, 1998; (4) October 15–20, 1999; (5) October 16–20, 2000. 3 years of the 5-year QS base period beginning on: (1) November 1–5, 1996; (2) November 1–5, 1997; (3) November 1–6, 1998; (4) October 15–20, 1999; (5) October 16–20, 2000. (1) October 15–20, 1999. (2) October 16–20, 2000. (3) October 15–18, 2001. 4 years 2. Bering Sea snow crab (BSS) 4 years of the 5-year period beginning on: (1) January 15, 1996 through February 29, 1996; (2) January 15, 1997 through March 21, 1997; (3) January 15, 1998 through March 20, 1998; (4) January 15, 1999 through March 22, 1999; (5) April 1–8, 2000. 3 years of the 5-year period beginning on: (1) January 15, 1996 through February 29, 1996; (2) January 15, 1997 through March 21, 1997; (3) January 15, 1998 through March 20, 1998; (4) January 15, 1999 through March 22, 1999; (5) April 1–8, 2000. (1) April 1–8, 2000. (2) January 15, 2001 through February 14, 2001. (3) January 15, 2002 through February 8, 2002. 4 years 3. Eastern Aleu tian Islands gold en king crab (EAG) 5 years of the 5-year base period beginning on: (1) September 1, 1996 through December 25, 1996; (2) September 1, 1997 though November 24, 1997; (3) September 1, 1998 through November 7, 1998; (4) September 1, 1999 through October 25, 1999; (5) August 15, 2000 through September 24, 2000. 3 years of the 5-year base period beginning on: (1) September 1, 1996 through December 25, 1996; (2) September 1, 1997 though November 24, 1997; (3) September 1, 1998 through November 7, 1998; (4) September 1, 1999 through October 25, 1999; (5) August 15, 2000 through September 25, 2000. (1) September 1 1999 through October 25, 1999. (2) August 15, 2000 through September 24, 2000. (3) August 15, 2001 through September 10, 2001. 5 years 4. Eastern Bering Sea Tanner crab (EBT) 4 of the 6 seasons beginning on: (1) November 15, 1991 through March 31, 1992; (2) November 15, 1992 through March 31, 1993; (3) November 1–10, 1993, and November 20, 1993 through January 1, 1994; (4) November 1–21, 1994; (5) November 1–16, 1995; (6) November 1–5, 1996 and November 15–27, 1996. 3 of the 6 seasons beginning on: (1) November 15, 1991 through March 31, 1992; (2) November 15, 1992 through March 31, 1993; (3) November 1–10, 1993, and November 20, 1993 through January 1, 1994; (4) November 1–21, 1994; (5) November 1–16, 1995; (6) November 1–5, 1996 and November 15–27, 1996. In any 2 of the last 3 sea sons prior to June 10, 2002 in the Eastern Aleutian Island golden (brown) king crab, Western Aleutian Island gold en (brown) king crab, Bering Sea snow crab, or Bristol Bay red king crab fisheries. 4 years VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01083 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 1074 50 CFR Ch. VI (10–1–22 Edition) Pt. 680, Table 8 Column A: Crab QS Fisheries Column B: Qualifying Years for QS Column C: Eligibility Years for CVC and CPC QS Column D: Recent Participation Seasons for CVC and CPC QS Column E: Subset of Qualifying Years 5. Pribilof red king and blue king crab (PIK) 4 years of the 5-year period beginning on: (1) September 15–21, 1994; (2) September 15–22, 1995; (3) September 15–26, 1996; (4) September 15–29, 1997; (5) September 1–28, 1998. 3 years of the 5-year period beginning on: (1) September 15–21, 1994; (2) September 15–22, 1995; (3) September 15–26, 1996; (4) September 15–29, 1997; (5) September 15–28, 1998. In any 2 of the last 3 sea sons prior to June 10, 2002 in the Eastern Aleutian Island golden (brown) king crab, Western Aleutian Island gold en (brown) king crab, Bering Sea snow crab, or Bristol Bay red king crab fisheries, except that persons applying for an allocation to receive QS based on legal landings made aboard a vessel less than 60 feet (18.3 m) LOA at the time of harvest are ex empt from this requirement. 4 years 6. St. Matthew blue king crab (SMB) 4 years of the 5-year period beginning on: (1) September 15–22, 1994; (2) September 15–20, 1995; (3) September 15–23, 1996; (4) September 15–22, 1997; (5) September 15–26, 1998. 3 years of the 5-year period beginning on: (1) September 15–22, 1994; (2) September 15–20, 1995; (3) September 15–23, 1996; (4) September 15–22, 1997; and (5) September 15–26, 1998. In any 2 of the last 3 sea sons prior to June 10, 2002 in the Eastern Aleutian Island golden (brown) king crab, Western Aleutian Island gold en (brown) king crab, Bering Sea snow crab, or Bristol Bay red king crab fisheries. 4 years 7. Western Aleu tian Islands brown king crab (WAG) 5 of the 5 seasons beginning on: (1) September 1, 1996 through August 31, 1997; (2) September 1, 1997 though August 21, 1998; (3) September 1, 1998 through August 31, 1999; (4) September 1, 1999 through August 14, 2000; (5) August 15, 2000 through March 28, 2001. 3 of the 5 seasons beginning on: (1) September 1, 1996 through August 31, 1997; (2) September 1, 1997 though August 31, 1998; (3) September 1, 1998 through August 31, 1999; (4) September 1, 1999 through August 14, 2000; (5) August 15, 2000 through March 28, 2001. (1) September 1, 1999 through August 14, 2000. (2) August 15, 2000 through March 28, 2001. (3) August 15 2001 through March 30, 2002. 5 years 8. Western Aleu tian Islands red king crab (WAI) 3 of the 4 seasons beginning on: (1) November 1, 1992 through January 15, 1993; (2) November 1, 1993 through February 15, 1994; (3) November 1–28, 1994; (4) November 1, 1995 through February 13, 1996. 3 of the 4 seasons beginning on: (1) November 1, 1992 through January 15, 1993; (2) November 1, 1993 through February 15, 1994; (3) November 1–28, 1994; (4) November 1, 1995 through February 13, 1996. In any 2 of the last 3 sea sons prior to June 10, 2002 in the Eastern Aleutian Island golden (brown) king crab, Western Aleutian Island gold en (brown) king crab, Bering Sea snow crab, or Bristol Bay red king crab fisheries. 3 years 9. Western Ber ing Sea Tanner crab (WBT) 4 of the 6 seasons beginning on: (1) November 15, 1991 through March 31, 1992; (2) November 15, 1992 through March 31, 1993; (3) November 1–10, 1993, and November 20, 1993 through January 1, 1994; (4) November 1–21, 1994; (5) November 1–16, 1995; (6) November 1–5, 1996 and November 15–27, 1996. 3 of the 6 seasons beginning on: (1) November 15, 1991 through March 31, 1992; (2) November 15, 1992 through March 31, 1993; (3) November 1–10, 1993, and November 20, 1993 through January 1, 1994; (4) November 1–21, 1994; (5) November 1–16, 1995; (6) November 1–5, 1996 and November 15–27, 1996. In any 2 of the last 3 sea sons prior to June 10, 2002 in the Eastern Aleutian Island golden (brown) king crab, Western Aleutian Island gold en (brown) king crab, Bering Sea snow crab, or Bristol Bay red king crab fisheries. 4 years [71 FR 32867, June 7, 2006] TABLE 8 TO PART 680—INITIAL QS AND PQS POOL FOR EACH CRAB QS FISHERY Crab QS Fishery Initial QS Pool Initial PQS Pool BBR Bristol Bay red king crab 400,000,000 400,000,000 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01084 Fmt 8010 Sfmt 8002 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 1075 Fishery Conservation and Management Pt. 680, Table 9 Crab QS Fishery Initial QS Pool Initial PQS Pool BSS Bering Sea snow crab (C. opilio) 1,000,000,000 1,000,000,000 EAG Eastern Aleutian Islands golden king crab 10,000,000 10,000,000 EBT Eastern Bering Sea Tanner crab (C. bairdi) 200,000,000 200,000,000 PIK Pribilof Islands red and blue king crab 30,000,000 30,000,000 SMB St. Matthew blue king crab 30,000,000 30,000,000 WAG Western Aleutian Islands golden king crab 40,000,000 40,000,000 WAI Western Aleutian Islands red king crab 60,000,000 60,000,000 WBT Western Bering Sea Tanner crab (C. bairdi) 200,000,000 200,000,000 TABLE 9 TO PART 680—INITIAL ISSUANCE OF CRAB PQS BY CRAB QS FISHERY Column A: For each crab QS fishery: Column B: The Regional Administrator shall calculate PQS for any qualified person based on that person’s total legal purchase of crab in each of the crab QS fisheries for any... Bristol Bay red king crab (BBR) 3 years of the 3-year QS base period beginning on: (1) November 1–5, 1997; (2) November 1–6, 1998; and (3) October 15–20, 1999. Bering Sea snow crab (BSS) 3 years of the 3-year period beginning on: (1) January 15, 1997 through March 21, 1997; (2) January 15, 1998 through March 20, 1998; and (3) January 15, 1999 through March 22, 1999. Eastern Aleutian Island golden king crab (EAG) 4 years of the 4-year base period beginning on: (1) September 1, 1996 through December 25, 1996; (2) September 1, 1997 though November 24, 1997; (3) September 1, 1998 through November 7, 1998; and (4) September 1, 1999 through October 25, 1999. Eastern Bering Sea Tanner crab (EBT) Equivalent to 50 percent of the total legally processed crab in the Bering Sea snow crab fishery during the qualifying years established for that fishery, and 50 percent of the total legally processed crab in the Bristol Bay red king crab fishery during the qualifying years established for that fishery. Pribilof Islands red and blue king crab (PIK) 3 years of the 3-year period beginning on: (1) September 15–26, 1996; (2) September 15–29, 1997; and (3) September 15–28, 1998. St. Matthew blue king crab (SMB) 3 years of the 3-year period beginning on: (1) September 15–23, 1996; (2) September 15–22, 1997; and (3) September 15–26, 1998. Western Aleutian Island golden king crab (WAG) 4 years of the 4-year base period beginning on: (1) September 1, 1996 through August 31, 1997; (2) September 1, 1997 though August 31, 1998; (3) September 1, 1998 through August 31, 1999; and (4) September 1, 1999 through August 14, 2000. Western Aleutian Islands red king crab (WAI) Equivalent to the total legally processed crab in the Western Aleutian Islands golden (brown) king crab fishery during the qualifying years established for that fishery. Western Bering Sea Tanner crab (WBT) Equivalent to 50 percent of the total legally processed crab in the Bering Sea snow crab fishery during the qualifying years established for that fishery, and 50 percent of the total legally processed crab in the Bristol Bay red king crab fishery during the qualifying years established for that fishery. [71 FR 32867, June 7, 2006] VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01085 Fmt 8010 Sfmt 8026 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 1076 50 CFR Ch. VI (10–1–22 Edition) Pt. 680, Table 10 TABLE 10 TO PART 680—LICENSE LIMITA TION PROGRAM LICENSE NUMBERS THAT AUTHORIZE THE OWNERS AND OPERATORS OF CATCHER/PROCESSORS TO DIRECTED FISH FOR PACIFIC COD WITH HOOK-AND-LINE GEAR IN THE CENTRAL GULF OF ALASKA REGU LATORY AREA (COLUMN A) AND IN THE WESTERN GULF OF ALASKA REG ULATORY AREA (COLUMN B) Column A: Column B: LLG1125 ................................ LLG1400. LLG1128 ................................ LLG1401. LLG1400 ................................ LLG1576. LLG1576 ................................ LLG1578. LLG1713 ................................ LLG1785. LLG1785 ................................ LLG1916. LLG1916 ................................ LLG1917. LLG1917 ................................ LLG2026. LLG1989 ................................ LLG2081. LLG2081 ................................ LLG2112. LLG2112 ................................ LLG2892. LLG2238 ................................ LLG2935. LLG2705 ................................ LLG3090. LLG2783 ................................ LLG3602. LLG2892 ................................ LLG3617. LLG2958 ................................ LLG3676. LLG3609 ................................ LLG4004. LLG3616 ................................ LLG4823. LLG3617. LLG3676. LLG3681. LLG3973. LLG4823. [80 FR 28545, May 19, 2015] PART 697—ATLANTIC COASTAL FISHERIES COOPERATIVE MAN AGEMENT Subpart A—General Provisions Sec. 697.1 Purpose and scope. 697.2 Definitions. 697.3 Relation to other Federal and state laws. 697.4 Vessel permits and trap tags. 697.5 Operator permits. 697.6 Dealer permits. 697.7 Prohibitions. 697.8 Vessel identification. 697.9 Facilitation of enforcement. 697.10 Penalties. 697.11 Civil procedures. 697.12 At-sea sea sampler/observer coverage. Subpart B—Management Measures 697.17 Non-trap harvest restrictions. 697.18 Lobster management areas. 697.19 Trap limits and trap tag require ments for vessels fishing with lobster traps. 697.20 Size, harvesting and landing require ments. 697.21 Gear identification and marking, es cape vent, maximum trap size, and ghost panel requirements. 697.22 Exempted fishing. 697.23 Restricted gear areas. 697.24 Exempted waters for Maine State American lobster permits. 697.25 Adjustment to management meas ures. 697.26 EEZ Nearshore Management Area 5 Trap Waiver. 697.27 Trap transferability. 697.28 Atlantic migratory group cobia. TABLE 1 TO PART 697—AREA 3 TRAP REDUC TION SCHEDULE AUTHORITY: 16 U.S.C. 5101 et seq. SOURCE: 64 FR 68248, Dec. 6, 1999, unless otherwise noted. Subpart A—General Provisions § 697.1 Purpose and scope. The regulations in this part are issued under the authority of section 804(b) of the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. 5101 et seq., and section 6 of the Atlan tic Striped Bass Conservation Act Ap propriations Authorization, 16 U.S.C. 1851 note, and govern fishing in the EEZ on the Atlantic Coast for species covered by those acts. § 697.2 Definitions. (a) In addition to the definitions in the Magnuson-Stevens Act and in §§ 600.10 and 648.2 of this chapter, for the purposes of this part, the following terms have the following meanings: American lobster or lobster means Homarus americanus. Approved TED means any approved TED as defined at § 217.12 of this title. Atlantic Coastal Act means the Atlan tic Coastal Fisheries Cooperative Man agement Act, as amended (16 U.S.C. 5101 et seq.). Atlantic migratory group cobia, means Rachycentron canadum, a whole fish or a part thereof, bounded by a line ex tending from the intersection point of New York, Connecticut, and Rhode Is land (41°18′16.249″ N lat. and 71°54′28.477″ W long) southeast to 37°22′32.75″ N lat. and the intersection point with the outward boundary of the EEZ and south to a line extending due east of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 01086 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